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

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tilLL £ WAnrWxUGSfT 

Att^^pn''-/s at L/^W, 



'Mvi ivsA3Myonv 

ZHOIUAiNIYM 9 TIIH 









ACTS 



RESOLVES 



PASSED 15V THE 



(iijneral Court of ^hmuhmt% 



IN THE YEAH 



18 8 6/ 



TOGETHER WITH 



THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, 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. 
• 1886. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Cammontocaltf) of iHassacfjusetts. 



PKEAMBLE. 

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

The body politic is formed by a voluntary association Body politic, 
of individuals : it is a social compact, by which the whole i^'^amre?*^ 
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 Rights^ and 
Frame of Government as the Constitution op the Com- 
monwealth OP Massachusetts. 



Equality and 
natural rights of 
all men. 



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



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



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



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of 3Iassachusetts. 

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

II. It is the right as well as the duty of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession or sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality: Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make 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 
tJieir public teachers, and of contracting with them for 
their support and maintenance. 

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

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

IV. The people of this commonwealth have the sole 
and exclusive right of governing themselves, as a free, 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and 
being derived from them, the several magistrates and 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 
and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, 
have any other title to obtain advantages, or particular 
and exclusive privileges, distinct from those of the com- 
munity, than what arises from the consideration of ser- 
vices rendered to the public ; and this title being in nature 
neither hereditary, nor transmissible to children, or de- 
scendants, or relations by blood, the idea of a man born a 
magistrate, lawgiver, or judge, is absurd and unnatural. 

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



and to enjoin 
attendance 
thereon. 



Exclusive right 
of electing reli- 
gious teachers 
secured. 



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



All denomina- 
tions equally 
protected. 
8 Met. 1G2. 
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 
qualifications 
prescribed, 
equally eligible 
to office. 
For the defini- 
tion of" inhabit- 
ant," see Ch. 1, 
Sect. 2, Art. II. 
Kigbt of protec- 
tion and duty of 
contribution 
correlative. 
Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184,467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 100. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

6 Cush. 327. 



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



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



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

VIII. In order to prevent those who are vested with 
authority from becoming 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, liave an 
equal right to elect officers, and to be elected, for public 
employments. 122 Mass. 59.3, 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, 2.30. 103 Mass. 202, 213. 126 Mass. 428, 441. 

16 Gray, 417, 431. 100 Mass. 544, 500. Ill Mass. 130. 127 Mass. 50, 52, 

1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 358, 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 aiid 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 mny 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- 
erly, 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. 
loa Mass. 418. 
107 Mass. 172, ISO. 



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



122 Mass. 332. 
124 Mass. 464. 



127 Mass. 550, 554. 
129 Mass. 659. 



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

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

XIV. Every subject has a right to be secure from all 
unreasonable searches, and seizures, of his person, his 
houses, his papers, and all his possessions. All warrants, 
therefore, are contrary to 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 b}'' 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. 690, 593. 



125 Mass. 1S2, 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 lemslature ; 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, 
573. 



Right to trial by 
jury in criminal 
cases, except, 

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

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

126 Mass. 269, 
273. 



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

7 Pick. 366. 
5 Gray, 144. 

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

102 Mass. 45, 47. 



Liberty of the 
press. 



Right to keep 
and bear arms. 
Standing armies 
dangerous. Mfl- 
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- 
resentatives and 
petition legisla- 
ture. 



Power to sus- 
pend the laws or 
their execution. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



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



Ex post facto 
laws prohibited. 
12 Allen, 421, 
424, 428, 434. 



Legislature not 
to convict of 
treason, otc. 



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

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

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good; give instructions to their representatives, and to 
request of the legislative 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. No magistrate or court of law shall demand 
excessive bail or sureties, impose excessive fines, or inflict 
cruel or unusual punishments. 

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

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

XXIX. It is essential to the preservation of the rights 
of every individual, his life, liberty, property, and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every 
citizen to be tried by judges as free, impartial, and inde- 
pendent as the lot of humanity will admit. It is, therefore, 
not only the best policy, but for the security of the rights 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their 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. 



Escessive bailor 
fines, and cruel 
punishraents, 
prohibited. 
5 Gray, 482. 
No soldier to be 
quartered ill any 
house, unless, 
etc. 



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



Judges of su- 
preme judicial 
court. 

3 Pick. 471. 
1 Gray, 472. 

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



Salaries. 



Separation of 
executive, judi 
cial, and legis- 
lative depart- 
ments. 
2 Cush. 577. 
2 Allen, 361. 
8 Allen, 247, 25a 
100 Mass. 282, 
286. 

114 Mass. 247, 
249. 

116 Mass. 317, 
129 tlaes. 559. 



PART THE SECOND. 



The Frame of Government. 

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



10 



CONSTITUTION OF THE 



CHAPTER I. 

THE LEGISLATIVE POWEE. 

Section I. 



Legrlalatlve 
department. 



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



Governor's veto. 
99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



For exception 
in case of ad- 
journment of 
the general 
court within 
the five days, 
see amend- 
ments. Art. I. 
3 Mass. 567. 
General cour'. 
may constilule 
judicatories. 



The General Court. 

Article I. The department of legislation shall bo 
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 op 
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 sliall 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, wliere it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 
the votes of both houses shall be determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 



11 



courts of record, or other courts, to be held in the name 
of the commonwealth, for the hearing, trying, and deter- 
mining of all manner of crimes, offences, pleas, processes, 
plaints, actions, matters, causes, and things, whatsoever, 
arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, aiid 
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 
oatba. 



General court 

may enact laws, 

etc. 

9 Gray, 426. 

4 Allen, 473. 

12 Allen, 223, 

2^7. 

100 Mass. 544, 

557. 

116 Mass. 467, 

470. 

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

may provide 
for the election 
or appointment 
of officers. 
11a Mass. 602. 



may prescribe 
their duties. 



may impose 
taxes, etc. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235, 238, 240, 298, 
300, 312, 313, 500, 
612. 

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

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



12 



CONSTITUTION OF THE 



116 Mass. 461. 

118 Mass. 386, 

389. 

12:3 Mass. 493, 

495. 

127 Mass. 413. 

may impose 
taxes, etc., to be 
disposed of for 
defence, protec- 
tion, etc. 
8 Allen, 247, 256. 
Valuation of 
estates once in 
ten years, at 
least, while, etc. 
8 Allen, 247. 
126 Mass. 647. 



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, 6ee amendments, Art. IL 



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



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



Counties to be 
districts, until, 
etc. 



CHAPTER I. 

Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 
teen ; and that no district be so large as to entitle the 
same to choose more than six senators. 

And the several counties in this commonwealth shall, 
until the general court shall determine it necessary to 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz.: — Suffolk, six; Essex, six; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 



COMMONWEALTH OF MASSACHUSETTS. 



13 



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

The selectmen of the several towns shall preside at 
such meetings impartially ; and shall receive the votes 
of all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, 
who shall make a fair record, in presence of the select- 
men, and in open town meetmg, 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, 
dkected to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 
of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednesday 
in Ma}^] annually ; or it shall be delivered into the secre- 
tary's office seventeen days at least before the said [last 
Wednesday in May :] and the sheriff of each county shall 
deliver all such certificates by him received, into the 
secretary's office, seventeen days before the said [last 
Wednesday in May.] 

And the inhabitants of plantations imincorporated, 
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 
Bunutois and 
councillors, 
'i'imc of election 
chanijed by 
mnendments, 
Art. X., and 
clianijed again 
by amendments, 
Art. XV. 
As to cities, see 
amexidmeuts, 
Art. n. 
TbcBc pro- 
visions as to tho 
qualifications of 
voters, super- 
seded by amend- 
ments. Arts. 
in., XX. and 

xxvni. 

Word "inhabit- 
ant" defined. 
See also amend- 
ments, Art. 
XXUI., which 
was annulled by 
Art. XXVI. 
12 Gray, 21. 
122 Maes. 595, 
697. 



Selectmen to 
preside at town 
meetings. 



Return of votes 



As to cities, see 
amendments, 
Art. U, 



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



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



14 



CONSTITUTION OF THE 



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



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



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

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

Alt. xrv. 



Vacancies, how 
filled. 

Cliaiiged to 
election by 



in the plantations wliere tliey reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
iirst 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 liis summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take then' seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 



16 



ever}'' district of the coramoinvealtli ; and in like manner 
all vacancies in tlie senate, arising by death, removal out 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall liappen.] 

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

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 o< 
a senator. 
Property quali- 
fication abol- 
ished. 
See amend- 
ments, Art. 

xm. 

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

xxn. 



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. xxn. 



CHAPTER I. 

Section III. 

House of Representatives. 

Article I. There shall be, in the legislature of this Representation 
commonwealth, a representation of the people, annually of t^^e people. 
elected, and founded upon the principle of equality. 



16 



CONSTITUTION OF THE 



Repreacnta. 
lives, 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 
travelling to 
and from the 
general court, 
how paid. 



Qualifications of 
B representa- 
tive. 

New provision 
as to residence. 
See amend- 
ments. Art. 
XXI. 

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



Qualifications of 
a voter. 
These pro- 
visions super- 
seded by 
amendments, 
Arts. 111., XX. 
and XXVIII. 
See also amend- 
ments, Art. 
XXllI., 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 town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative. 

Provided, nevertheless, that each town now incorporated, 
not having one hundred and fifty ratable polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are within the same one hundred and fifty 
ratable polls.] 

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

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

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

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

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

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

Art. XV. 



COMMOXWEALTH OF MASSACHUSETTS. 



17 



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

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

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

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

X. The house of representatives shall be the judge of 
the returns, elections, and qualifications of its own mem- 
bers, as pointed out in the constitution ; shall choose their 
own speaker; appoint their own officers, and settle the 
rules and orders of proceeding in their own house. They 
shall have authority to punish by imprisonment 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 
authority to trj^ 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 officers and 
establish its 
rules, etc. 

may punish 
for certain 
oflfences. 
U Gray, 226. 



Privileges of 
members. 



Senate. 

Governor and 

council may 

punish. 

General limita. 

tion. 

14 Gray, 226. 



Trial may be bj 
committee, or 
otherwise. 



18 



CONSTITUTION OF THE 



CHAPTER 11. 

EXECUTIVE POWEE. 

Section I. 



Governor. 



Ilis title. 

To be chosen 

annually. 

Qualifications. 



Requirement of 
religious decla- 
ration abolished 
by ameutl- 
raents, Art. 
VU. 

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

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



As to cities, see 
amendments, 
Art. U. 



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



Changed to 
plurality by 
amendments, 
Art. XIV. 

How chosen, 
when no person 
has a majority. 



Croveryior. 

Article I. There shall be a supreme executive ma is- 
trate, who shall be styled — The Governor of t ie 
Commonwealth of Massachusetts; and whose tide 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and .o 
person shall be eligible to this oiSce, unless, at the time )f 
his election, he shall have been an inhabitant of this cc i- 
monwealth for seven years next preceding ; and unless e 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of oi 3 
thousand pounds ; [and unless he shall declare himself tD 
be of the Christian religion.] 

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first JMonday 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 



co:mmonwealtii of Massachusetts. 



19 



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

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

V. The governor, with advice of council, shall have 
full power and authority, during the session of the gen- 
eral court, to adjourn or prorogue the same to any time 
the two houses shall desire ; [and to dissolve the same on 
the day next preceding the last Wednesday in May ; and, 
in the recess of the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 
happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

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

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



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



May adjourn or 
prorogue the 
general court 
upon request, 
and convene 
the game. 
As to dissolu- 
tion, see amend 
menta, 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 
commander-in- 
chief. 



20 



CONSTITUTION OF THE 



Limitation. 



Governor and 
council may 
pardon offences, 
except, etc. 



But not before 
conviction. 
109 Mass. 323. 



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



commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destro}^ if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the 
constitution, and the laws of the land, and not otherwise. 
Provided, that the said governor shall not, at any time 
hereafter, by virtue of any power by this constitution 
granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the 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 oifences, 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 pTirty pleading the same, 
notwithstanding any general or particular expressions con- 
tained therein, descriptive of the offence or offences in- 
tended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the 
solicitor-general, [all sheriffs,] coroners, [and registers of 
probate,] shall be nominated and appointed by the gov 



COMMONWEALTH OF MASSACHUSETTS. 



21 



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

For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. 
XIX. For provision as to appointment of noluries 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 res])ective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades; and such officers, so elected, shall be com- 
missioned by the governor, who shall determine their rank. 

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

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

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

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

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

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

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

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



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



MHitia officers, 
how elected. 
Limitation of 
age strncli out 
by amend- 
ments, Art. V. 



How commis- 
sioned. 



Election of 
officers. 



Major-gonorals, 
how appointed 
and commis. 
eioned. 



Vacancies, how 
filled, in case, 
etc. 



Officers duly 

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



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



22 



CONSTITUTION OF THE 



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



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



Balary of 
governor. 



Salaries of Jus- 
tices of supreme 
ludicial court. 



XI. No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be approj)riated for the redemption of bills of ci^edit 
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 commissarj'-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
•with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larl}^ as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall ex- 
hibit to the governor, when requii-ed 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 
liis attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

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



COMMONWEALTH OF MASSACHUSETTS. 



23 



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



CHAPTER n. 

Section H. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- 
ant-governor of the commonwealth of Massachusetts, 
whose title shall be — His Hoxor; 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 majorit}^ 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. 



liieutenant- 
governor; liis 
title and qiialifi. 
cations. The 
requirement of 
a declaration of 
belief in the 
christian 
religion was 
abolished by 
amendments, 
Art. Vn. 



How chosen. 

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



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



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



CHAPTER 11. 
Section III. 

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

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



24 



CONSTITUTION OF THE 



changed to 
eight. 

See amend- 
ments, Art. 
XVI. 



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

Superseded by 
amendments, 
Art. XVI. 



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

Rank of 
councillors. 



Xo district to 
have more than 
two. 



Register of 
council. 



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



Elections may 
oe adjourned 
until, etc. 



Order thereof. 
Superseded by 



consist of [nine] persons besides the lieutenant-governor, 
wliom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

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

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

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

Superseded by amendments. Art. XVI. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



25 



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



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer, and receiver- 
general, and the commissary-general, notaries public, and] 
naval officers, shall be chosen annually, by joint ballot of 
the senators and representatives in one room. And, that 
the citizens of this commonwealth may be assured, from 
time to time, that the moneys remaining in the public 
treasury, upon the settlement and liquidation of the pub- 
lic accounts, are their property, no man shall be eligible 
as treasurer and receiver-general more than five years suc- 
cessively. 

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

11. The records of the commonwealth shall be kept in 
the office of the secretar}^ 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 aa 
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 
keep records; 
to attend the 
governor and 
council, etc. 



CHAPTER III. 

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 ofBces 
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. 

IT. 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 
im.portant questions of law, and upon solemn occasions. 



Tenure of all 
commissioned 
ofticers to be 
expressed. 
Judicial officers 
to hold oflice 
during good 
behavior, ex. 
ccpt, etc. 
But may be 
removed on 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
Vl-J, M.-iss. COO. 
120 Mass. 5o7, 
661. 



26 



CONSTITUTION OF THE 



Justices of the 
peace ; tenure 
of their office. 
3 CuBh. 584. 



PiDviaions for 

holding probate 

courts. 

12 Gray, 147. 



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



III. In order that the people may not suffer from the 
long contmuance in place of any justice of the peace ^Yho 
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 
3'"ears from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said 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 theu' stead. 



Harvard 
College. 



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOCTKAGEMENT 
OF LITERATURE, ETC. 

Section I. 

The University. 

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



COMMONWEALTH OF MASSACHUSETTS. 



27 



laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them ior 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 Pkesident and Fellows of 
Harvard College, in their corporate capacity, and 
their successors in that capacity, their officers and ser- 
vants, shall have, hold, use, exercise, and enjoy, all the 
pOAvers, 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 sundiy times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, hereto- 
fore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively ; it is declared, that 
all the said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

HI. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and senate 
of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 



Powers, privi- 
leges, etc., of 
the president 
and fellows, 
conlirmed. 



All gifts, grantS) 
etc., conlirmed. 



Wlio shall be 
overseers. 

See Statutes, 

1851, 224. 

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



28 



CONSTITUTION OF THE 



Power of altera- 
tion reserved to 
the legislature. 



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



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

CHAPTER V. 

Section II. 

The Encouragement of Literature^ etc. 

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



Oathe, eto. 



CHAPTER VI. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 



29 



ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

"•I, A. B., do declare, that I believe the Christian reli- 
gion, and have a firm persuasion of its truth ; and that I 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
ofiiee or place to which I am elected." 

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

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

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
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, testimon}^, declaration, denial, renunciation, and 
abjuration, heartily and tridy, according to the common 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
whatsoever. So help me, God."] 



Abolished. See 
aoiendinentB, 
Art. VU. 



Declaration and 
oaths of all 
otlioera. 



For new oath 
of allegiance, 
see amend- 
ments, Art. VL 



30 



CONSTITUTION OF THE 



Oath of offlce. 



Proviso. 
See amend- 
ments, Art. VI. 



Oaths and 
affirmations, 
how adminis- 
tered. 



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

vm. 



Same subject. 
1 AUen, 553. 



Incompatible 

offices. 

For further pro- 



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

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

Provided, always, that when any 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 afiirmation in the foregoing 
form, and subscribe the same, omitting the words, [^ / do 
&'wear^'' '-'- and abjure" '■'•oath or,'''' '■'- and abjuration,'''' in the 
first oath ; and in the second oath, the words] " stvear 
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 ma}* 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 j^ower 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 b}' one person. 

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



COMMOXWEALTII OF MASSACHUSETTS. 



31 



general — treasurer or receiver-general — judge of probate 

— commissary-general — [president, professor, or instruct- 
or of Harvard College] — sheriff — clerk of the house of 
representatives — register of probate — register of deeds 

— clerk of the supreme judicial court — clerk of the infe- 
rior court of common pleas — or officer of the customs, 
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 aj^pointed 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 
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 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or 
corruption in obtaining an election or appointment. 

HI. In all cases where sums of money are mentioned 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and 
it shall be in the power of the legislature, from time to 
time, to increase such qualifications, as to property, of the 
persons to be elected to offices, as the circumstances of 
the commonwealth shall require. 

IV. All commissions shall be in the name of the 
Commonwealth of Massachusetts, signed by the governor 
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 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
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, 
used, and approved in the Province, Colony, or State of 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 



visions as to 
incompalible 

oUiCOS, 800 

amiiiidmetUs, 
Art. VIII. 
Otliceis of Dur- 
vard College 
exceplud by 
amendmenls, 
Art. XX VU. 



Incompatible 

offlces. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



Property quali- 
fications may 
be increased. 
See amend- 
ments, Art. 
XIII. 



Provisions 
respecting 
commissiuna. 



Provisions re- 
specting writs. 
•/Pick. 592. 
3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Miss. 59. 

2 Mass. 534. 

8 Pick. 309, 316. 
IG Pick. 107, 115 
2 Met. 118. 



82 



CONSTITUTION OF THE 



Benefit of 
habeas corpus 
secured, except, 
etc. 



The enacting 
style. 



Officers of 
former govern- 
ment continued 
an til, etc. 



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



Provision for 
revising con- 
stitution. 



VII. The privilege and benefit of the writ of habeas 
corpus shall be eiijoj'ed 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 Repi'esentatives, in General Court 
assembled, and by the authority of the same." 

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

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

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the state, who 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 



COMMONWEALTH OF MASSACHUSETTS. 



33 



The said delegates to be cliosen in the same manner 
and proportion as their representatives in the second 
branch of the legishitnre 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 pubuIhlSf Thia 
a part of tlie 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 fiwXy^.not'to 
court shall adjourn within five days after the same shall j'/feTsla'turr' 
have been laid before the governor for his approbation, adjourn in the 
and thereby prevent his returning it with his objections, s Mass. sei 
as provided by the constitution, such bill or resolve shall ifli'iTrt.'FL 
not become a law, nor have force as such. 

Art. 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 Quaiiflcationsof 

age and upwards, excepting paupers and persons under Irnor^iieuten!" 

guardiansliip, who shall have resided within the common- BeMtors'a"n°d' 

wealth one year, and witliin the town or district m which ,^^iii'l'^"'i'i'';^*- 

•' 11 Pick. 638.640 



Provlao. 

112 Masi. 200. 



CONSTITUTION OF THE 



14 Pick. 341. 
U Mass. 367. 
a Met. 162, 29S, 
591, 594. 
7 Gr.iy, 299. 
1-22 Mass. 595, 
597. 

124 Mass. 596. 
For educational 
qualiticatioii, 
see araend- 
nients. Art. XX. 
For provision as 
tj those who 
have served in 
the army or 
navy in time of 
<\'ar, see amend- 
ments, Art. 
XXVUI. 



Notaries public, 
how appointed 
and removed. 



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



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



Militia officers, 
how removed. 



Who may vote 
for captains and 
subalterns. 



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



he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or re[)rcsentatives, and who shall have paid, by 
himself, or his i)ari'nt, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen 
who shall be, by law, exempted from taxation, and who 
shall be, in all other respects, qualified as above mentioned, 
shall have a right to vote in such election of governor, 
lieutenant-governor, senators, and representatives ; and no 
other person shall be entitled to vote in such elections. 

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

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

[In case the oflSce 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 
hnv, a competent and suitable person to such vacant office, 
who shall hold the same until a successor shall be appointed 
by the general court.] 

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



35 



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

P)'ovided, That when any person shall be of the denomi- ProviBo, 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." 

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

Art. Vni. No judge of any court of this common- incotnpatibiuty 
wealth, (except the court of sessions,) and no person 122'Mass; 445, 
holding any office under the authority of the United losMass. 636. 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor 
the attorney-general, solicitor-general, county attorney, 
clerk of any court, sheriff, treasurer, and receiver-general, 
register of probate, nor register of deeds, shall continue 
to hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common pleas 
shall hold no other office under the government of this 
commonwealth, the office of justice of the peace and mili- 
tia offices excepted. 

Art. IX. If, at any time hereafter, any specific and Amendments to 

,•1 T j.*^ T j.j.j.tj_-j_j_' conatitntion, 

particular amendment or amendments to the constitution how made, 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 



36 



CONSTITUTION OF THE 



senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 
amendment or amendments to the people ; and if they 
shall be approved and ratified b}^ 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, 



nnd termination . 



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

This clause 
euperseded by 
amendments, 
Art. XV. 



Article, when to 
go into opera- 
tion. 



Art. X. The political year shall begin on the first 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- 
governor, senators, and representatives, shall be held on 
the second Monday of November in every year ; but meet- 
ings may be adjourned, if necessary, for the clioice 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 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

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



COMMONWEALTH OF MASSACHUSETTS. 



37 



are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective oflfices 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 mouth 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 
wholly annulled. 



provisions 
annulled. 



Religious 
freedom 
established. 
See Deo. of 
Rights, Art. 

m. 



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

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
mem.bership, 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 Mass. 4o. «. 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XIL [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 



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



38 



CONSTITUTION OF THE 



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



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



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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



New apportion- 
ment to be made 
once in every 
ten years. 



one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 
ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first three hun- 
dred, one representative more. 

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 



39 



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

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



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

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

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

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

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



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

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



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



Small towns, 
how repre- 
sented. 



Towns may 
unite into reprt 
sentative dis- 
tricts. 



40 



CONSTITUTION OF THE 



Basis of repre- 
BentatioD, 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 soo^n thereafter as may be, by the joint ballot ^of the 
senators and representatives, assembled in one room, who 
shall, as soon as may be, in like manner, fill up any vacan- 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who 
has not been an inhabitant of this commonwealth for the 
term of five years immediately preceding his election; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

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

Elections by the Art. XIV, In all clcctions of civil officers by the peo- 
pfu^aWyof^^ pie of this commonwealth, whose election is provided for 
votes. ]jy ^i^Q constitution, the person having the highest number 

of votes shall be deemed and declared to be elected. 

Time of annual Art. XV. The meeting for the choice of governor, 
eraor°rnd if gi^s- lieutenaut-govemor, senators, and representatives, shall 

lature. 



Tlie 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 seat in general 
court or council 
not required. 



COMMONWEALTH OF MASSACHUSETTS. 



41 



be held on the Tuesday next after the first ]\Ionday 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. 



Ae,t. XVL Eight councillors shall be annually chosen 
b}' 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 : py^ovided., Jwwever, 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 chosun 
by the people. 
122 Mass. 595, 
593. 



Legislature to 
district state. 



EligibiUty 
de£ned. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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

Organization of 
the government. 



42 



CONSTITUTION OF THE 



Klectlon of 
secretary, treas- 
urer, auditor, 
and attorney- 
general by the 
people. 



Vacancies, how 
filled. 



'I'o qualify with- 
in ten days, 
otherwise office 
to be deemed 
vacant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 



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

Akt. XVII. The secretary, treasurer and receiver- 
general, auditor, and attorney-general, shall be chosen 
annually, on the day in November prescribed for the 
choice of governor ; and each person then chosen as such, 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, sliall 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 da^^s 
after he could otherwise enter upon his duties, to qualify 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to 
either of said offices unless he shall have been an inhabit- 
ant of this commonwealth five years next preceding his 
election or appointment. 

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



COMMONWEALTH OF MASSACHUSETTS. 43 

all moneys which may be appropriated by the state for rianscboois. 

the support of common schools, shall be applied to, and provision as to 
expended in, no other schools than those which are con- cousutution, 
ducted according to huF, under the order and superintend- ^^^^ Fi'^t. Art. 

ence of the authoritrcl of the town or city in which the 12 Alien, 500, 

money is to be expended; and such moneys shall never losMaBs. 94, 96. 
be appropriated to any religious sect for the maintenance, 

exclusively, of its own school. Legislature to 

'' prescribe for 

Art. XIX. The legislature shall prescribe, by general eiieritis, regis. 

law, for the election of sheriffs, registers of probate, com- etc* bVtbe^'*''^' 

missioners of insolyency, and clerks of the courts, by the f ^^1®; i_ 

people of the several counties, and that district-attornej^s js Gray, 74.^ 

shall be chosen by the people of the several districts, for 173. ' '"' 

such term of office as the legislature shall prescribe. eos.^'***" ^~' 

121 Mass. 65. 

Art. XX. No person shall have the right to vote, or ,Kf^''?gcon8ti- 

,..iT rt^-*^, .. ?i. tution in English 

be eligible to omce under the constitution 01 this common- and writing, 

wealth, who shall not be able to read the constitution in ficauons^f^"'* '' 

the English language, and write his name : provided, lioiv- p°ovTso. 

ever, tliat the provisions of this amendment shall not apply f°L?'^'^^'' ^^^'^^' 

to any person prevented by a physical disability from com- amendments, 

plying with its requisitions, nor to any person who now see also' amend. 

has the right to vote, nor to any persons who shall be x^nf.^whinh 

sixty years of age or upwards at the time this amendment was annulled by 

T 11,1 no , \ amendments, 

shall take enect. Art. xxvi. 

Art. XXI. A census of the legal voters of each city Census of legai 

and town, on the first day of May, shall be taken and inhabitants, 

returned into the office of the secretary of the common- se'^e^R s!c"3i?' 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two hun- House of repre. 

dred and forty members, which shall be apportioned by constsrof 240 

the legislature, at its first session after the return of each ^'.Tii^F^ ^ 

. n . -, 1 1 . PI J-regislature to 

enumeration as aroresaid, to the several counties 01 the apportion, etc. 
commonwealth, equally, as nearly as may be, according ^^' 
to their relative numbers of legal voters, as ascertained 



44 



CONSTITUTION OF THE 



Secretary ehall 
certify to officers 
authorized to 
divide counties. 



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



Qualifications of 
representatives. 
122 Mass. 595, 
598. 



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 sliire town of their respective counties, and proceed, as 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town ,or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding 
his election, shall have been an inliabitant of the district 
for which he is chosen, and shall cease to represent such 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be 
numbered by the board creating the same, and a descrip- 
tion of each, with the numbers thereof and the number of 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be filed and kept in their respective offices. The 
manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their elec- 
tion, shall be prescribed by law. Not less than one 
hundred members of the house of representatives shall 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members. 



COMMONWEALTH OF MASSACHUSETTS. 



45 



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



Art. XXn. 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-JdoTnatn- 
have resided within the jurisdiction of the United States [o'emuio'to sur 
for two years subsequent to his naturalization, and shall ^';?^.?^°'' '°''^?,^ 
be otherwise qualified, according to the constitution and This article 
laws of tills commonwealth: provided^ that this amend- Art."xxv?! 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further^ that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

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



Voters to be 
basis of appor 
tionment of 
senators. 



Senate to conni Ml 
of forty mem- 
bers. 

Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualtficationb 
of senators. 



Sixteen mem- 
bers a qviornin. 



4^ 



CONSTITUTION OF THE 



Vacancies In the 
couucil. 



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. 



Voting pre- 
cincts in towns. 



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

Art. XXVI. The twenty-third article of the articles 
of amendment of the constitution of this commonwealth, 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth: provided^ that this amend- 
ment shall not affect the rights wliich 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 hereb}' 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. 

Art. XXIX. The general court shall have full power 
and authority to provide for the inhabitants of the towns 
in this Commonwealth more than one place of public meet- 
ing within the limits of each town for the election of of- 
ficers under the constitution, and to prescribe the manner 
of calling, holding and conducting such meetings. All 
the provisions of the existing constitution inconsistent with 
the provisions herein contained are hereby annulled. 



COMMONWEALTH OF MASSACHUSETTS. 47 

The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
^^'hen the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, "That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elections, 
agreeable to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

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

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

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

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

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

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years IS.*^^ 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 1857. 
respectively, and ratified by the people on the first day of May, 1857. 

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



43 CONSTITUTION OF MASSACHUSETTS. 

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

The twenty-sixth Article was adopted by the legislatures of the 
political years 1862 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

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

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

The twenty-ninth Article was adopted by the legislatures of the 
political years 1884 and 1885, and was approved and ratified by t'ae 
people on the third day of November, 1885. 



INDEX TO THE CONSTITUTION. 



A. 

Address of both houses of the legislature, judicial officers maj' be 
removed by goveruor Avith consent of council upon, 

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

Adjutants, to be appointed by commanding officers of regiments, 

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

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

Alimonj', 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 j^eas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court : if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if ap- 
proved by them by a majority vote, becomes a part of the 
constitution, 

Apportionment of councillors, 23 

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

Apportionment of senators, 12 

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

Apportionment of representatives, IG, 38 

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

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

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

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

Arrest, search and seizure, right of, regulated, .... 
warrant to contain special designation, 

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

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 

election determined by legislature, 

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

votes at November election, 

49 



Page 

25 

21 
21 
30, 35 
28 
26 



35, 36 

40, 41 

41 

39, 45 

45 

30, 43 

43 



7 
20, 42 

42 
42 



42 



50 INDEX TO THE CONSTITUTION. 



Page 



Attorue3'-genei\il, vacancy occurring during session of the legisla- 
ture, filled b}' joint ballot of legislature from the people 
at large, 42 

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

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

next preceding election or appointment, .... 42 

office to be deemed vacant if person elected or appointed 

fails to be qualified within ten days, 42 

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

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

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

election determined by legislature, 42 

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

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

next preceding election, 42 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 42 

B. 

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

Bills, money, to originate in the house of representatives, . . 17 
Bills and resolves, to be laid before governor for revisal, . . 10 

to have foi'ce of law if signed by governor, .... 10 
if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 

and nays, 10 

if not returned by governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 

before that time expires, 10, 33 

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

Body politic, formation and nature of, 3 

title of: The Commonwealth of Massachusetts, ... 9 

Bribery or corruption used in procuring an appointment or election, 

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

c. 

Census of ratable polls 37 

of inhabitants, 39. 43, 45 

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

every tenth year thereafter 43, 45 

enumeration of voters to determine the apportionment of 

I'epresentatlves, 43 



INDEX TO THE CONSTITUTION. 51 

Page 
Cities, may be chartered bj' the general court, if containing twelve 
thousand inliabitauts and consented to by a majority 

thereof, 1^3 

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

elected bj'' 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, . . !3 
Colonial laws, not repugnant to the constitution, continued in 

force, "'1 

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, . 2o, o4r 
Commission officers, tenui'e of office to be expressed in commissions, 25 
Commissioners of insolvency, elected by the people of the several 

counties, 43 

Commissions, to be in the name of the Commonwealth, signed by 
governor, attested by the secretary, and have the great 

seal affixed, 31 

Congress, delegates to, 26 

members of, may not hold certain state ofilces, . . 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 referi'ed 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, .......... 85, 36 

Constitution, pi'ovisions for revising, . . . .* . . 32, ."5 

to be enrolled on parchment, deposited in secretary's office, 

and printed in all editions of the laws, .... 33 

Coroners, 20 

Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any oftlce of trust, etc., 31 
Council, five members to constitute a quorum, . , . . . 24r 

eight councillors to be elected annually, 24, 41 

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

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

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

by the members present, 24 

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



52 



INDEX TO THE CONSTITUTION, 



Page 

Coimcil to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 24 

no property qualification required, 40 

eight districts to be formed, each composed of five contiguous 

senatorial districts, . . o 41 

eligible to election if an inhabitant of state for five j'ears pre- 
ceding election, . . . 41 

term of office 36 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house; if legislature is 
not in session, to be filled by governor with advice of 

council, 46 

Court, superior, judges not to hold certain other offices, . . . 35 
Court, supreme judicial, judges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, 9, 22 

judges not to hold certain other offices, 35 

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

governor and council, 25 

Courts, clerks of, elected by the people of the several counties, . 43 
Courts, probate, provisions for holding, ...... 26 

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

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

may administer oaths or affii'mations, ..... 11 

Crimes and oflences, prosecutions for, regulated, . . . . 6, 7 

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



D. 



Debate, freedom of, in the legislature 8 

Declaration of the rights of the inhabitants 4 

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

Delegates to congress, ... 26 

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

District attorneys, elected bj' 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 ma}' be an equal luimber of voters, . 45 
Districts, representative, to be established by commissioners in the 

several counties, 39, 44 

Divorce, alimony, etc., 26 



INDEX TO THE CONSTITUTION. 53 



E. 

Page 

Educational interests to be clierislied 28 

Elections ouglit to be free, 6 

Elections, by tlie 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 

£'xposi/acto laws, declared unjust and oppressive, .... 8 

F. 

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

Fines, excessive, not to be imposed, 9 

Frame of government, 9 

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

general court or council, 40 

Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

freedom of speech and debate in, 

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

formed by two branches, asenate and house of representatives 

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

to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 18, 36 

may constitute and erect judicatories and courts. . • .10,11 

may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

may provide for the election or appointment of officers, and 

prescribe their duties, 11 

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



54 



INDEX TO THE CONSTITUTION. 



Page 
General court, to be dissolved on the day next pi-eceding the first 

Wednesday of Januarj^ 10,30 

travelling expenses of members, 16 

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

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

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

to office, 31 

certain officers not to have seats in, SO 

may be prorogued by governor and council for ninety days, 

if houses disagree, etc., 19 

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

empowered to charter cities, 33 

to determine election of governor, lieutenant-governor and 

councillors, 41, 42 

to prescribe by law for election of sheriff's, 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 fi'eehold of £1,000 value, . . 18, 35 

term of office, 36 

should have an honorable stated salary 22 

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

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

to appoint the adjutant-general, 21 

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

not to hold certain other offices, 30 

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

to sign all commissions, 31 

election determined by the legislature, 41,42 

veto power, 10 

vacancy in ofl3ce 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, . . 10 

ma}' 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 au 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 oflences, but not before conviction, ... 20 

may fill vacancy in council occurring when legislature is not 

ill session, . . , 4« 

with consent of council, may remove judicial officers, upon 

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

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

quorum to consist of governor and at least five members 

of the council, ......... 19 

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

H. 

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

upon most urgent occasions, 32 

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

board of overseers established, but the government of the 

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

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

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

a representation of the people annually elected and founded 

upon the principle of equality, ...... 15 

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

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

the government, lt> 

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 punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by com- 
mittee, 17 

privileges of members, 17 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 25 

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

solemn occasions 25 

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

first Monday of November, 40 

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

Monday of November, 41 

to consist of two hundred and forty members, apportioned 
to the several counties equally, according to relative 

numbers of legal voters 43 

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

be divided, 44 

no district entitled to elect more than three representa- 
tives, 44 

board authorized to divide county into districts, to be certi- 
fied to by the secretary, the number of representatives to 
which the county is entitled 44 

I. 

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

indictment, 15 

Incompatible offices 30, 35 

" Inhabitant," the word defined 13 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after 37, 39, 43, 45 

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

counties 43 

Instruction of representatives, 8 



' INDEX TO THE CONSTITUTION. 57 

J. 

Page 
Jtidires of courts may not hold certain other offices, .... ?,0, 35 
Jutlges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 

standing laws, . 9, 22, 25 

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

legislature, 25 

not to hold certain other offices, .30 

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

may administer oaths or affirmations, 11 

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

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

meut, .21 

to hold office during good behavior, except when otherwise 

provided by the constitution, 25 

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

of both houses of the legislature, 25 

Jury, trial by, right secured, 7 

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

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

L. 

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

of the legislature, . 9 

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

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

ex post facto, prohibited as unjust and inconsistent with free 

government, 8 

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

Legislative power, 9 

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

Legislature (see General Court). 

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

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

vacant 23 



58 



INDEX TO THE CONSTITUTION. 



Lieutenant-goveruor, to take oatli of office before president of the 
senate in presence of both houses, 

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

term of office, .......... 

Literature and the sciences to be encouraged, 



Page 

30 
30 
SG 
28 



M. 

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

may appoint their aids, 

Marriage, divorce and alimony, 

Martial law, only those employed in the army and uavj', 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 marcli out of 

the limits of the state, 

captains and subalterns, elected by the train-bands, 
all members of companies may vote, including minors 
field officers, elected by captains and subalterns, 
brigadiers, elected by field officers, .... 

major-generals, elected by senate and house of representa 
tives by concurrent vote, ...... 

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



officers commissioned to command may be removed as may 

be prescribed by law, 

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



hools, not 



5 

9 

21 
21 

26 



20 
21, 34 
34 
21 
21 

21 
21 



21 

21, 34 
21 
21 
22 

31 
17 

42 
8 
8 



2sr. 

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

address of both houses, 34 



INDEX TO THE CONSTITUTION. 59 
O. 

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

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

forms of, 29, 30, 34, 35 

Quakers may affirm, 30, 35 

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

Objects of government, 3, 5 

Offences and crimes, prosecutions for, regulated, . . . . 6, 7 

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

Office, rotation in, right secured, 6 

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 i^eople, ... 5 

Organization of the militia, 21 

P. 

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

not before conviction, ....... 20 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, 6 

have a right to keep and to bear arras for the public defence, 7 
have a right to assemble to consult upon the common good, 
to instruct their representatives, and to petition legisla- 
ture, 8 

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

Petition, right of, .......... 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 13 

Plurality of offices, 30 

of votes, election of civil officers by, 40 



60 INDEX TO THE CONSTITUTION. 

Page 

Political year, begins on the first Wednesday of January, . . 86 

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 offences regulated, .... G 
Provincial laws, not repugnant to the constitution, continued in 

force, 31 

Public boards and certain officers to make quarterly reports to the 

governor, 22 

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

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

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q. 



Quakers, may make affirmation, 30, 35 

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

the legislature, 31 

Qualification, property, of governor and lieutenant-governor, . . 18, 23 
Qualification, property, partially abolished, ..... 40 

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

of governor, 18, 42 

of lieutenant-governor 23, 42 

of councillors, .......... 40, 41 

of senators, 15, 39, 45 

of representatives, 10,40,44 

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

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

Quartermastei's, appointed by commanding officers of regiments, . 21 

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

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

of house of representatives, to consist of one hundred 

members, 17, 44 

R. 

Ratable polls, census of, 37 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 43 



INDEX TO THE CONSTITUTION. 61 

Page 

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

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

and signed by members present, ..... 24 

Registers of probate, chosen by the people of the several counties, 20, 4.'? 

Religious denominations, equal protection secured to all, . . 5, 37 

Religious sect or denomination, no subordination of one to another 

to be establislied by lav\' 5, .^7 

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

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

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

worship 4, 5, 37 

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

Representatives (see House of Representatives). 

Resolves (see Bills and Resolves). 

Returns of votes 13,18,41,42 

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

Rights, declaration of, 4 

s. 

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

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

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 

if not sufficient, 9,22 

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

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

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

in November, 25, 42 

to hold office for one year from third Wednesday in January 

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

in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of 
votes at November election, ...... 42 

vacancy occurring during session of the legislature, filled by 

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



62 INDEX TO THE CONSTITUTION. 

Page 
Secretarj' of the commonwealth, 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 

records of commonwealth to be kept in office of, . . . 2J 
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 fortj^ 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 

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

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

solemn occasions, 25 

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

resolve, at large on records 10 

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

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

apportionment based upon legal voters, 45 

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

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

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

consent of owner 9 



INDEX TO THE CONSTITUTION. 63 

Page 
Soldiers and sailors, who have served in time of -.var, etc., not dis- 
qualified from votinij on account of being paupers, . . 4fi 
Solicitor-general, .......... 20 

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

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

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

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

Sureties or bail, excessive, not to be required 9 

T. 

Taxation should be founded on consent, 6, 8 

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

representatives, 8 

may be imposed by the legislature, . . . . . . 11 

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

years, ; . . 12 

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

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

Tests abolished, 35 

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

Title of governor to be, — His Excellency, 18 

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

Town meetings, selectmen to preside at, . . . . ■ . . 13 

Town representation in the legislature, IG, 38, 39 

Towns, voting precincts in, . . . . . . . . 46 

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 inhal)itant of the state for five years 

next preceding election or appointment, .... 42 

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



64 INDEX TO THE CONSTITUTION. 

Page 

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

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

by joint ballot of legislature from the two persons having 

the highest number of votes at November election, . 42 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days 42 

Trea&ury, no moneys to be issued from, but upon the warrant of 

governor, except, etc 22 

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

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

u. 

University at Cambridge, 26, 27, 28, 46 

Y. 

Vacancy in ofllce 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, 4S 

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, lieutenant-frovcr- 

nor, senators and repi'esentatives, , . 13, 10, 3:1, 43, 45, 4G 

not disqualified on account of being paupers if tliey have 

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

male citizens, twenty-one years of age, Avho 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 officers, and 
such as are exempted by law from taxation, but in otlicr 
respects qualified, and who can write their names and 
read the constitution in the English language, . . IG, 33, 43 

the basis upon wh;ch the apportionment of representatives 

to the several counties is made, ..... 43 

basis of apportionment of senators, ..... 45 

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

after, 43, 44, 45 

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

plurality of, to elect civil officers, 40 

Voting precincts in towns, .... ... 46 

w. 

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

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 

Writs, to be issued in the name of the commonwealth under the seal 
of the court, bear test of the first justice, and be signed 
by the clerk, 31 

Writing and reading, necessary qualifications for voting, or holding 

office, 43 

Y. 

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



ACTS AND RESOLVES 



MASSACHUSETTS. 



1886. 



B@=° The General Court of 1886 assembled on Wednesdaj^ the sixth 
day of January. The oaths of ofHce required by the Constitution to be 
administered to the Governor and Lieutenant-Governor elect, were taken 
and subscribed by His Excellency George D. Robixsox and His Honor 
Oliver Ames on Thursday, the seventh day of January, in the presence 
of the two Houses assembled in convention. 



ACTS AND RESOLVES. 



An Act making appropriations for the maintenance of the QJid'tj 1 

GOVERNMENT FOR THE PRESENT YEAR. 

Be it enacted by the Senate and House of Hepresentatives in 
General Court assembled^ and by the authority of the same, 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 
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-six, to wit : — 

LEGISLATIVE DEPARTMENT. 

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

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

For the salary of the serjeant-at-arms, three thousand sergeant-at- 

dii *■ ° arms. 

oilars. 

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 messensrers to the sergeant- sergeantat- 

O O arms messen- 

at-arms, known as " sergeant-at-arms messengers," eleven gers. 
hundred dollars each. 

For the salaries of the fireman at the state house, and Firemen and 
fireman and janitor at the Commonwealth building, nine ^ 
hundred dollars each. 

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



1886. — Chapter 1. 



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, 
two thousand 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's DEPARTMENT. 

Secretary. For the Salary of the secretary of the Commonwealth, 

three thousand dollars. 
First clerk. For the salary of the first clerk in the secretary's 

department, two thousand dollars. 
Second clerk. For the Salary of the second clerk in the secretary's 

department, one thousand five hundred dollars. 
Third clerk. For the Salary of the third clerk in the secretary's 

department, one thousand three hundred dollars. 
Extra clerks. ^or a mcsseugcr, 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. 



Additional 
clerks. 



TREASURER'S DEPARTMENT. 

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

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

For the salary of the second clerk in the treasurer's 
department, 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 treas- 
urer's department, one thousand two hundred dollars 
each. 

For such additional clerical assistance in the treasurer's 
department as may be necessary for the despatch of pub- 
lic business, a sum not exceeding one thousand dollars. 



1886. — Chapter 1. 



TAX COJIMISSIONER'S DEPARTMENT. 

For the salary of the deputy tax commissioner, two Deputy tax 

, - I 1 1 1 i'f 1 11 commiusioner. 

tuoiisancl seven hundred and tiity doMars. 

For the salary of the first clerk of the tax commis- First cierk. 
eioner, one thousand eight hundred dollars. 

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 
missioner and commissioner of corporations may find ^""^ *' 
necessary, a sum not exceeding twelve thousand dollars. 

auditor's department. 
For the salary of the auditor of accounts, three thou- Auditor of 

-11 11 accounts. 

sand dollars. 

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

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

For the salary 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 sura not exceeding five hundred dollars. 

attorney-general's department. 

For the salary of the attorney-general, four thousand "^en°™f^' 
dollars. 

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

-,-,,,*' "^ o ' uey -general. 

thousand dollars. 

COMMISSIONERS ET AL. 

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

For the salary of the first clerk of the commissioners F"^*^ cierk. 
on savings banks, one thousand three hundred dollars ; 
and for the salary of the extra clerk of said commis- Extra cierk. 
sioners, seven hundred dollars. 

For the salary of the insurance commissioner, three insurance 

.,-,11," commissioner. 

thousand dollars. 

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

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



6 



1886. — Chapter 1. 



Second clerk. 



Extra clerk. 



Additional 
cltrKs. 



Inspectors of 
gab-meters. 



Secretary of 
comoiisBiouers 
of prisons. 

Clerical assist- 
ance. 



Railroad com- 
mieBioiiers. 



Clerk. 



Accountant 



Assayer and 
inspector of 
liquors. 

Chief of bureau 
ot Biatislics of 
labor. 

First clerk. 



Second clerk. 



Additional 
clerks and 
txpeuses. 



Commissioner 
on stale aid. 

Clerical assist- 
ance and 
expenses. 



Harbor and land 
comnussiouers. 



Engineer and 

assistants. 



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

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

For such additional clerical assistance as the insurance 
commissioner may tind necessary for the despatch of 
public business, a sura not exceeding seven thousand 
dollais. 

For the salary of the inspector of gas meters, two 
thousand 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 clerical assistance in the office of the commis- 
sioners of prisons, a sum not exceeding one thousand 
seven hundred dollars. 

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

For the salary of the clerk of the railroad commis- 
sioners, two thousand five hundred dollars. 

For the salary of the accountant of the railroad com- 
missioners, two thousand five hundred 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 sta- 
tistics 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 of the third commissioner on state aid, 
one thousand eight hundred dollars. 

For clerical assistance, salary and expenses of agents 
and other necessary expenses of the commissioners on 
state aid, a sum not exceeding four thousand seven hun- 
dred 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 



1886. — Chapter 1. 

land commissioners, a sum not exceeding thirty-three 
hundred dollars. 

For the salary of the chief examiner of the civil service civii sei-yice 
commission, two thousand five hundred dollars ; and for '=°™™'''""°- 
the salary of the secretary of said commission, one thou- 
sand two hundred dollars. 

For the salaries of the gas commissioners, eight thou- oascommis. 
sand dollars ; and for the compensation and expenses of *'°"'^''®- 
the clerk of the gas commissioners, a sum not exceeding 
two thousand dollars. 

AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the board of agri- secretary of 
culture, two thousand five hundred dollars. agrYcuUure. 

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

For other clerical assistance in the office of the secre- Additional 
tary of the board of agriculture, and for lectures before '^'''^'*' 
the board, at its annual and other meetings, a sum not 
exceeding eight hundred dollars. 

EDUCATIONAL DEPARTMENT. 

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

For the salary of the assistant librarian and clerk of the Assistant 
board of education, two thousand dollars. cMk"''" ^"^ 

For such clerical assistance in the state library as may Additiouai 
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 five Adjutant. 
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- second cicrk. 
general'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. ''^'"^^' 



8 



1886. — Chapter 2. 



Extra clerks. 



MeBsenger. 



Additional 
clerks. 



Employees at 

arseiiiil. 



Burgeon, 
general. 



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

For the salary of the messenger in the adjutant-general's 
de|)artment, eight hundred dollars. 

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

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

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

Ap2)roved January 30, 1886. 



ChciJ). 2 An Act making appropriations for the compensation and 

MILEAGE OF THE MEMBERS OF THE LEGISLATURE, FOR THE 
COMPENSATION OF OFFICERS THEREOF, AND FOR EXPENSES IN 
CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

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

For compensation of senators, twenty-six thousand six 
hundred and fifty dollars. 

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

For compensation of representatives, one hundred and 
fifty-six thousand six hundred and fifty dollars. 

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

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

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

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

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



Appropriations 



Senators, com- 
pensation. 

Senators, 
mileage. 

Representa 
tivts, compensa- 
tion. 

Representa- 
tives, mileage. 

Chaplains. 



Doorkeepers, 
messengers and 
pages. 



Witnesses 
bil'ore com- 

miuees. 



Contingent and 

liect'SHMry 

expenses. 



1886. — Chapters 3, 4. 9 

For antborizctl expenses of committees of the present Expenses of 
legislature, to include clerical assistance to committees '^"'"™' 
authorized to employ the same, a sum not exceeding live 
thousand dollars. 

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

Approved January 30, 1S86. 

An Act making appropriations for the erection of monuments (JJk/j)^ 3 

ON THE battlefield AT GETTYSBURG. 

Be it enacted, etc., as f allows. • 

Section 1. The sum hereinafter mentioned is appro- Appropriations. 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, for the purpose of erecting 
suitable monuments on the battlefield at Gettysburg, as 
authorized by chapter twenty-four of the resolves of the 
year eighteen hundred and eighty-four. 

For the erection of monuments on the battlefield at Monuments at 
Gettysburg, the sum of three thousand five hundred ''"^'' "'*'■ 
dollars, being the balance unexpended of the appropriation 
authorized by chapter two hundred and forty of the acts of 
the year eighteen hundred and eighty-four. 

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

Approved January 30, 1886. 

An Act making appropriations for the maintenance of the /^z.^/,^ a 

JUDICIAL departments OF THE GOVERNMENT DURING THE PRESENT "^ 

YEAR. 

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 Commonwealth, 
from the ordinary revenue, for the purposes s[)ecified, to 
meet expenses for the year ending December the thiity-fitst, 
iu the year eighteen hundred and eighty-six, to wit : — 

SUPREME JUDICIAL COURT. 

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

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

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

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



10 



1886. — Chapter 4. 



SUPEUIOR 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 
superior court, fifty thousand dollars. 



COURTS OF PROBATE AND INSOLVENCY. 

Judges, probate For the Salary of the judge of probate and insolvency 

liuTilr'^ for the county of Suffolk, five thousand dollars. 

Middlesex. For the Salary of the judge of probate and insolvency 

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

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

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

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

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

for the county of Plymouth, one thousand five hundred 

dollars. 
Berkshire. For the Salary of the judge of probate and insolvency 

for the county of Berkshire, one thousand six hundred 

dollars. 
Hampden. For thc Salary of the judge of probate and insolvency 

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

for the county of Hampshire, one thousand four hundred 

dollars. 
Franklin. For the Salary of the judge of probate and insolvency 

for the county of Franklin, one thousand four hundred 

dollars. 
Birnstabie. For the Salary of the judge of probate and insolvency 

for the county of Barnstable, one thousand dollars. 
Nantucket. For thc Salary of the judge of probate and insolvency 

for the county of Nantucket, five hundred dollars. 
Dukes Comity. For the Salary of the judge of probate and insolvency 

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

Sufioi -. ^^^ ^j^^ county of Suffolk, three thousand dollars. 

Middlesex. For the Salary of the register of probate and insolvency 

for the county of Middlesex, two thousand dollars. 



1886. — Chapter 4. 11 

For the salary of the register of probate and insolvency worceeter. 
for the connty of Worcester, two thousand doUars. 

For the sahiry of the register of probate and insolvency Essex. 
for the county of Essex, two thousand dolhirs. 

^pv 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 dol- 
lars. 

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 dol- 
lars. 

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

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

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

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

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

For the salary of the assistant register of probate and Assistant 
insolvency for the county of Suffolk, two thousand Ji^'Lia^'ik.'''' 
dollars. 

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

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

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

For the salary of the assistant register of probate and 



12 



1886. — Chapter 4. 



Norfolk. 



Clerk — Suffolk. 



Clerical aspist- 
auce — Suffolk. 



Clerical assist- 
ance — Middle- 
sex. 



Clirical aesist- 
atjce in the 
several counties, 



Expenses. 



insolvency for the county of Norfolk, one thousand one 
hundred dollars. 

For the salar}' of the clerk to the register of probate and 
insolvency for the county of Suflfolk, one thousand two 
hundred dollars. , 

For extra clerical assistance to the register of probate 
and insolvency for the county of Suffolk, a sum not ex- 
ceeding one thousand two hundred dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Middlesex, a sura not 
exceeding one thousand five hundred dollars. 

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

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



District attor- 
iit-y — Suffolk. 

Asst. district 
attorneys. 



Clerk. 



District attor- 
ney — Northern 
district. 

Eastern district. 



Southeastern 
district. 



Southern 
district. 



Middle district. 



Western 
district. 



Northwestern 
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 Suffolk district, two thousand five hundred 
dollars each. 

For the salary of the clerk for the district attorney for 
the Suffolk district, one thousand dollars. 

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

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

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

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

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

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

For the salary of the district attorney for the northwest- 
ern district, one thousand throe hundred and fifty dollars. 

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

Approved February 3, 1886. 



1886. — Chapter 5. 13 



An Act making appuopriations for compensation and mile- QJidjy, 5 

AOE 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 ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purposes 
specided, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and eighty-six, to wit : — 

For the compensation of officers and men of the volun- Miiitia — com- 
teer militia, a sum not exceeding eighty thousand dollars. p''°^'^"°"' 

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

For incidental and contingent expenses of the adjutant- Adjutant- 
generals department, a sum not exceeding three thousand ^'^°^'^* 
dollars. 

For rent of brigade and battalion headquarters and com- Rentof hea.i- 
pany armories, a sum not exceeding thirty-one thousand armorTelf" 
dollars. 

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

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

For grading and care of the camp ground of the Com- campground. 
monwealth, at Framingham, a sum not exceeding one 
thousand dollars. 

For military accounts in connection with the volunteer Miut.ary 
militia, not otherwise provided for, a sum not exceeding '"^°°""'^*" 
four thousand dollars. 

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

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

For expenses in connection with the record of Massa- Record of 
chusetts officers, sailors and marines, a sum not exceeding ^^'^o"-^'"* 
one thousand five hundred dollars. 

Any sums of money received under the provisions of Disposition of 
section eighty-eight of chapter fourteen of the Public of gra8fa°camp 
Statutes, and from the sale of grass at the state camp s^'o""'^- 
ground, may be expended by the quartermaster-general. 



14 



1886. — Chapter 6. 



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. 

Ap2yroved February 8, 1886. 



Chaj). 6 



An Act making appuopriations for printing and binding 

PUBLIC documents, for EDITING REGISTRATION REPORT, PURCHASE 
OF PAPER, PUBLISHING LAAV^S AND PREPARING TABLES AND INDEXES 
RELATING TO THE STATUTES. 



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 
specified, to meet expenses for the year ending on the 
thirty-first day of December, in the year one thousand 
eight hundred and eighty-six, 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 resolves 
of the present year for distribution in the Commonwealth, 
a sum not exceeding two thousand five hundred dol- 
lars. 

For printing and binding the "blue book" edition of 
the acts and resolves of the present year, with the 
governor'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 exceeding 
five hundred dollars. 

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

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

For editing the registration report, under the direction 
of the secretary of the Commonwealth, a sum not exceeding 
six 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 thousand dollars. 



Printing and 
binding public 
documents. 



Pamphlet 
edition of acts 
and resolves. 



" Blue Book" 
ediiion of acts 
and resolves. 



Newspaper 
publication. 



Term reports. 



Assessors' 
books and 
blanks. 



Editing regis- 
tration report. 



Paper for state 
printing. 



188G. — Chapters 7, 8. 15 

For the iireparation of tallies and indexes relatinjij to the Tables and 
statutes of the present year and subsequent years, under stutuul " 
the direction of the governor, a sum not exceeding three 
hundred dollars. 

For printing and binding ordered by the senate and Legislative 
house of representatives, or by concurrent order of the two wuding^/" 
branches, a sum not exceeding twenty-three thousand 
dollars. 

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

Ajjproved February 5, 1886. 

An Act to authorize the city of Springfield to raise money (JJiqj)^ 7 
FOR the celebration of the two hundred and fiftieth 

ANNIVERSARY OF ITS SETTLEMENT AS A TOWN. 

Be it enacted, etc. , as folloios : 

Section 1. The city of Springfield is authorized to May raise 
raise by taxation an amount of money not exceeding ten brathfg anuiver. 
thousand dollars for the purpose of celebrating in the meut?'^ **^"''^" 
month of May of the current year the two hundred and 
fiftieth anniversary of its settlement as a town, and of 
publishing an account of the proceedings of such cele- 
bration. 

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

Approved February 12, 1886. 

An Act to authorize the consolidation of the new Bedford, rn ^ o 

\yticin. o 

vineyard and NANTUCKET STEAMBOAT COMPANY AND THE ^ 
NANTUCKET AND CAPE COD STEAMBOAT COMPANY. 

Be it enacted, etc. , as follows : 

Section 1 . The New Bedford , Vineyard and Nantucket New Bedford, 
Steamboat Company and the Nantucket and Cape Cod Nan?uckef 
Steamboat Company may, upon such terms as may be Som™a.rand 
mutually agreed upon by a majority of the votes of stock- the Nantucket & 
holders present and voting at meetings of each corporation siTamboat 
called for the purpose, consolidate and form one corpora- ^wmolll'^''^ 
tion to be called the New Bedford, Martha's Vineyard and <=°'^p°'-''*^'°"- 
Nantucket Steamboat Company. Said consolidated corpo- 
ration shall have and enjoy all the powers, privileges, 
rights, franchises, property and estates which at the time 
of such union may be held and enjoyed by either or both 
of said existing corporations, and the franchise and right 
of running steamboats and sailing vessels for the convey- 



16 



1886. — Chapter 9. 



Capital stock 



mice of passengers and merchandise between New Bedford, 
Martha's Vineyard and Nantucket, and between interme- 
diate and other ports and places, and for the towing of ships 
and vessels ; and shall be subject to all the duties, debts, 
obliorations and liabilities to which either of said existinor 
corporations is subject, and to all general laws which now 
are or hereafter may be in force relating to like corpora- 
tions, and to the })rovisions of section three of chapter one 
hundred and five of the Public Statutes. 

Section 2. The capital stock of the new corporation, 
formed as aforesaid, shall not upon such consolidation 
exceed the amount of the authorized capital stock of said 
two existing corporations, and shall be issued to stock- 
holders of said existing corporations upon such terms and 
in such manner as said corporations may at the time of 
the consolidation agree. The capital stock of the new 
c(>rporation may subsequently be increased from time to 
time, by vote of its stockholders, to an amount not 
exceeding three hundred thousand dollars. 

Section 3. The first meeting of the corporation hereby 
the corporation, authorized shall be called by the presidents of the two 
corporations of which it is formed ; and seven days notice 
of the time and place of said meeting shall be given, by 
publication in one newspaper in New Bedford, one in 
Martha's Vineyard and one in Nantucket ; and at said 
meeting persons holding stock in either of said existing 
corporations shall be entitled to vote upon the number of 
shares of stock held by them. 

Section 4. Within thirty days after said corporation 
shall have voted to consolidate as aforesaid, copies of the 
votes whereby such consolidation is assented to, certified 
by the respective clerks of said corporations, shall be filed 
in the ofiice of the secretary of the Commonwealth. 

Section 5. This act shall take efl"ect upon its passage. 

Approved February 12, 1886. 



First meeting of 



Votes for con- 
so lid at ion to 
b« filed in the 
office of the 
secretary of the 
Commonwealth 



Chap. 9 



Appropriations. 



An Act making appropriations for salaries and expenses at 
the state primary school at monson. 

Be it enacted, etc., as follows : , 

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



1886. — Chapters 10, 11. 17 

For saliirics and wages at the state primary school at state primary 
Monson, a sum not exceeding seventeen thousand dollars ; modbou. 
and for current expenses at said institution, a sum not 
exceeding thirty-three thousand dollars : and for boarding 
out children, a sum not exceeding four thousand dollars. 

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

Approved February 13, 1886. 

Act making appropriations for salaries and expenses at (JJiaj). 10 

THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropiiations. 
priated, to be paid out of the treasury of the Common- 
Avcalth, from the ordinary revenue, to meet expenses for 
the year ending on the thirty-first day of December in the 
year eighteen hundred and eighty-six, to wit: — 

For the payment of salaries, wages and labor at the Lyman school 
Lyman school for boys, at Westborough, a sum not westbCoSgh. 
exceeding twelve thousand dollars ; and for other current 
expenses of said institution, a sum not exceeding seventeen 
thousand five hundred dollars. 

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

Approved February 13, 1886. 

An Act making appropriations for salaries and expenses at (JJidj) 11 

THE state industrial SCHOOL FOR GIRLS. 

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-six, to wit: — 

For the payment of salaries, wages and labor at the state industrial 
state industrial school for girls at Lancaster, a sum not afLaicaltfr!'^ 
exceeding six thousand five hundred dollars ; and for other 
current expenses at said institution, a sum not exceeding 
eleven thousand five hundred dollars. 

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

Approved February 13, 1886. 



18 



1886. — Chapter 12. 



CllCtp. 12 An Act making appropriations for certain educational 

EXPENSES. 



Appropriations. 



State normal 
schools. 



State normal art 
school. 



Teachers' 
institutes. 



County 
teachers' asso- 
ciations. 



Miss, tpnchcrs' 
association. 



Board of educa- 
tion, expenses 
of agenttj. 



Expenses of 
bsard and 
secretary. 



Dukes County 

teachers' 

association. 

Pupils in state 
normal schools. 



Be it enacted, etc., asfolloius: 

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

For the support of state normal schools, a sum not ex- 
ceeding sixty-five thousand three hundred and fifty dollars, 
to be paid out of the moiety of the income of the Massa- 
chusetts school fund applicable to educational purposes. 

For the support of the state normal art school, to include 
rent, taxes, etc., a sum not exceeding sixteen thousand 
two hundred and ten dollars, to be paid from the unap- 
propriated balance of the moiety of the income of the 
Massachusetts school fund applicable to educational pur- 
poses, and the excess, if any, from the treasury of the 
Commonwealth. 

For expenses of teachers' institutes, a sum not exceeding 
two thousand dollars, to be paid out of the moiety of the 
income of the Massachusetts school fund applicable to ed- 
ucational purposes. 

For expenses of county teachers' associations, a sum not 
exceeding three hundred dollars, to be paid out of the 
moiety of the income of the Massachusetts 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 Massachusetts school fund applicable to 
educational purposes, 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 one thou- 
sand tvm 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 



18S6. — Chapteks 13, 14 19 

payments, to be expended under the direction of the state 
board of education. 

For travelling and other necessary expenses of the state Travelling 
board of education, a sum not exceeding four hundred boL'rr"" 
dollars. 

For the Perkins institution and Massachusetts school Perkins instuu- 

n iii-Ti /•!• ji 1111 tion and Mass. 

tor the blmd, the sum or thirty thousand dollars. echooiforthe 

For the support of Massachusetts beneficiaries in asy- Beneficiaries in 
lums for the deaf and dumb, and in other institutions of ^eaS dumb. 
the same character, a sum not exceeding thirty-five thou- 
sand dollars. 

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

The income of the Rogers book fund, of the Todd nor- Rogers book 
mal school fund, and of the two technical educational normal school 
funds, shall be expended in accordance with the provisions ^""'^• 
of the various acts relating thereto. 

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

Approved February 13, 1886. 

Ax Act to permit clerks of courts to imprint fac-similes QJkijj^ ;[3 

OF THEIR SIGNATURES UPON CERTAIN PROCESSES ISSUED BY THEM. 

Be it enacted, etc., as follows: 

Section 1. A fac-simile of the signature of any clerk May imprint 
of any court in the Commonwealth, imprinted by him upon signTuI upon 
any writ, summons, order of notice to appear and order ^"ept^exe'cu- 
of attachment, except executions, shall have the same t'o"**- 
validity as his written signature. 

Section 2. Chapter three hundred and twenty-one of Repeal, 
the acts of the year eighteen hundred and eighty-five is 
hereby repealed." 

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

Approved February 13, 1886. 

An Act making appropriations for salaries and expenses at (J]i(ip^ 14 

THE STATE PRISON, MASSACHUSETTS REFORMATORY, THE REFORM- 
ATORY PRISON FOR WOMEN, AND FOR EXPENSES IN CONNECTION 
THEREWITH. 

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, for the purposes herein specified, from the ordinary 



20 1886. — Chapter 14. 

revenue, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and eighty-six, to wit : — 
State prison. For the payment of salaries and wages at the state prison 

at Boston, a sum not exceeding fifty thousand dollars ; 
and for other current expenses at said institution, a sura 
not exceeding seventy-four thousand dollars. 
Mass, reforma- For payment of salaries and wages at the Massachu- 
*'^'^'- setts reformatory at Concord, a sum not exceeding fifty- 

seven thousand dollars ; and for other current expenses at 
said institution, a sum not exceeding seventy-nine thou- 
sand dollars. 
Reformatory For payment of salaries and wages at the reformatory 

^■!-omen!"' prisoufor women at Sherborn, a sum not exceeding 

twenty-three thousand dollars ; and for other current ex- 
penses at said institution, a sum not exceeding thirty-nine 
thousand eight hundred dollars. 
Removal of For expcuscs incurred in removing prisoners to and 

iVonrreforma-"'^ fi'om the reformatory prison for women, a sum not ex- 
tury for women, cccding two huudrcd dollars. 

Removal of For cxpcuses iucurrcd in removing prisoners to and 

S Mass." ''"'^ f^'om the Massachusetts reformatory, a sum not exceeding 

reformatory. qUC thoUSaud dollarS. 

Agent for aiding For the Salary of the agent for aiding convicts discharged 
convictT^ from the state prison, one thousand dollars ; and for ex- 
penses of such agent, a sum not exceeding three thousand 
dollars, to be used in rendering assistance to said convicts. 
Agent for aiding For thc salar}' of the agent for aiding female convicts 
cmae convicts, (jjg^ji^yj.ggjj from the pHsous of 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 two thousand three hundred dollars. 
Aiding prison- For aiding prisoners discharged from the Massachusetts 
frorn'M.'^s?'"^ reformatory, a sum not exceeding three thousand dollars, 
reformatory. ^q |^q cxpcndcd by the commissioners of prisons. 
Support of For payment of the cost of supporting prisoners re- 

removed'^from oiovcd ti'om the rcfommtory prison for women, a sum not 
woni^r"'^ ^°^ exceeding four hundred dollars. 

Support of For board of prisoners removed from the Massachusetts 

lemuveTfrom reformatory, a sum not exceeding four hundred dollars. 
M^i«s. rciorma- ^ov incidental and contingent expenses of the commis- 
cooimissioners sioncrs of prisons, a sum not exceedins: eiorht hundred 

1)1 prifoiis, inci- -1 ■ I o o 

dental expenses. QOllarS. 

TravLiiing for travclliug expenses of the commissioners of prisons 

expenses. o i. m. 



1886. — Chapter 15. 21 

jiiul of the secretary thereof, a sum not exceeding eight 
hundred dollars. 

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

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

Approved February 13, 1S86. 

An Act to abolish the municipal court of the east boston (JJinyj I5 

DISTRICT AND TO ESTABLISH THE EAST BOSTON DISTRICT COURT. * 

Be it enacted, etc., as follows: 

Section 1. The Municipal Court of the East Boston Mumcipni court 

T^. . ., ii«iT of the East 

District IS hereby abolished. Boston disuict 

Section 2. A court is hereby established in East East Boston 
Boston under the name of the East Boston District Court, eSshea!' 
and the district and territory now included in wards one 
and two of the city of Boston and the town of Winthrop 
shall constitute a judicial district under the jurisdiction of 
said court. 

Section 3. The said court shall have a proper seal, jurisdiction. 
and shall have the same civil and criminal jurisdiction in 
all respects as that heretofore possessed by the municipal 
court of the East Boston district. 

Section 4. All civil and criminal cases and proceed- cases and pro- 

T. , iij •! ••! t. c ceedinijs pend- 

ings pending in or returnable to said municipal court 01 ingtobe 
the East Boston district when this act takes effect, shall be transferred. 
transferred to or returned into said East Boston district 
court, which shall there.ifter have jurisdiction thereof. 

Section 5. There shall be one justice and two special justices, oieris 
justices, and a clerk of said court, appointed in the manner **" 
and with the tenure of office respectively provided in the 
case of justices and clerks of other district courts. There 
shall be a constable appointed by the justice of said court. 
All the provisions of law applicable in common to the 
municipal courts in Boston shall be applicable to said court. 

Section H. The salary of the justice of said court salaries of 
shall be eighteen hundred dollars per annum, the salary of °®<='^''*- 
the clerk thereof shall be fourteen hundred dollars per 
annum, and the salary of the constable thereof shall be 
eleven hundred dollars per annum. 

Section 7. The records of said municipal court of the Recordsof the 
East Boston district shall remain in the custody of the '''""''• 
clerk of said East Boston district court. 

Section 8. This act shall take effect upon its passage xotakefuii 
so far as it provides for appointing, commissioning and isse.'^'^'"^''^^' 



99 



1886. — Chapters 16,17. 



qualifying the justice and special justices and clerk of the 
court hereby established, and shall take full effect on the 
first day of March in the year eighteen hundred and 
eighty-six. Apjrroved February 17, 1886. 



Connecticut 
River Railroad 
may unite with 
the Ashuelot 
Riiilroad and 
form one 
corporation. 



ChClD. 16 -^^ ^^'^ "^^ AUTHORIZE THE CONNECTICUT RIVER RAILROAD COMPANY 
TO UNITE AND CONSOLIDATE %VITH THE ASHUELOT RAILROAD 
COMPANY OF NEW HAMPSHIRE. 

Be it enacted, etc., as follows: 

Section 1. The Connecticut River Railroad Company 
is hereby authorized to unite and consolidate with the 
Ashuelot Railroad Company, a corporation incorporated 
by the legislature of New Hampshire, and when thus 
united said corporations shall constitute one corpora- 
tion under the name of the Connecticut River Railroad 
Company ; and all the provisions of the acts of incorpora- 
tion of the companies so uniting, not inconsistent with this 
act, shall be applicable to, and all their rights, duties and 
liabilities shall belong to and be borne by, the corporation 
created by such union ; but said united corporation shall 
be subject to all general laws now or hereafter passed 
relating to railroad corporations, and to the provisions of 
section three of chapter one hundred and five of the Public 
Statutes. And the said Connecticut River Railroad Com- 
pany is further authorized to purchase and hold the 
property and franchise of said Ashuelot Railroad Com- 
pany, and with this view to purchase and hold the stock 
of said company ; but such union or purchase of said 
property or franchise shall be only upon such terms and 
conditions as shall be approved by the stockholders of said 
corporations at meetings duly called for that purpose. 

Section 2. The Connecticut River Railroad Company 
its capital stock three hundred thousand 



May increase 
capital stock. 



may increase 
dollars. 
Section 3. 



This act shall take effect upon its passage. 
Approved February 17, 1886. 



CliClll 17 An Act making appropriations for salaries and expenses at 

THE STATE WORKHOUSE AT BRIDGEWATER. 

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 Commonwealth, 
Irom the ordinary revenue, for the payment of salaries and 



188G. — CiiArTERS 18, 19. 23 

expenses at the state workhouse at Bridgewater, during 
the year ending on the thirty first day of December 
eighteen hundred and eighty-six, to wit : — 

For the payment of sahiries, wages and hibor at the state work- 

, .'■ ^ T-. . -I i 1 • 1 house at Bridge- 

state workhouse at Bridgewater, a sum not exceednig eleven water. 
thousand dollars ; and for current expenses at said institu- 
tion, a sum not exceeding thirty-two thousand dollars. 
Section 2. This act shall take eft'ect upon its passage. 

Approved February 17, 1886. 

An Act making appropriations for salaries and expenses at Clldp- 18 

THE STATE ALMSHOUSE AT TEWKSBURY. 

Be it enacted, etc., asfolloivs: 

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 current expenses at the state almshouse at 
Tewksbury, during the year ending on the thirty-first day 
of December eighteen hundred and eighty-six, to wit : — 

For salaries, wages and labor at the state almshouse at state aims- 
Tewksbury, a sum not exceeding twenty-four thousand xewksbury. 
eight hundred dollars ; and for current expenses at said 
institution, a sum not exceeding seventy thousand dollars. 

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

Approved February 17, 1886. 

An Act making appropriations for incidental, contingent (JJidj)^ _[9 

AND miscellaneous EXPENSES OF THE VARIOUS DEPARTMENTS 
AND commissions OF THE COMMONWEALTH. 

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 eighteen hundred and eighty- 
six, to wit : — 

legislative department. 

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

For stationery for the house of representatives, pur- House sta- 
chased by the clerk, a sum not exceeding one thousand '°"'^''y- 
six hundred dollars. 



24 



1886. — Chapter 19. 



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



Incidental and 

contingent 

expenses. 



For books, stationery, printing and advertising, ordered 
by the sergeant-at-arms, a sum not exceeding eight hun- 
dred dollars. 

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



Contingent 
expenses. 

Postage, print- 
ing and sta- 
tionery. 

Contingent 
expenses. 

Postage, print- 
ing and sta- 
tionery. 



EXECUTIVE DEPARTMENT. 

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

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

For the contingent expenses of the governor and coun- 
cil, 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 
repairs. 

Fuel and lights. 



Commonwealth 
building. 



House No. 13 
Beacon Street. 



Civil service 
commissioners. 

Topographical 
survey. 



Bureau of sta- 
tistics of labor. 



STATE HOUSE EXPENSES, ETC. 

For repairs, improvements and furniture of the state 
house, a sum not exceeding ten thousand dollars. 

For fuel and lights for the state house, a sura not 
exceeding six thousand dollars. 

For repairs, improvement, furniture and other necessary 
expenses at the Commonwealth building, a sum not 
exceeding five thousand dollars. 

For repairs, improvements, furniture, rent and other 
necessary expenses at house numbered thirteen Beacon 
street, a sum not exceeding six thousand dollars. 

For rent of rooms for the use of the civil service com- 
missioners, a sum not exceeding four hundred dollars. 

For rent of rooms for the use of the commission on top- 
ographical survey and map of Massachusetts, a sum not 
exceeding five hundred dollars. 

For rent of rooms for the use of the bureau of statistics 
of labor, for the purpose of taking the decennial census, a 
sum not exceeding two thousand five hundred dollars. 



Incidental ex- 
penses, — Secre- 
tary. 



Treasurer. 



INCIDENTAL AND CONTINGENT EXPENSES. 

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

For incidental expenses in the department of the treas- 
urer and receiver-general, a sum not exceeding one thou- 
sand seven hundred and fiftv dollars. 



1886. — Chapter 19. 25 

For iiicldeutal and contingent expenses in the depart- Taxcommis- 
ment of the tax commissioner, a sum not exceeding three '"°"®''- 
thousand dollars. 

For cx[)enses of th state valuation, under the direction state valuation. 
of the deputy tax commissioner, a sum not exceeding three 
thousand dollars. 

For incidental expenses of the commissioner of corpora- commissioner 
tions, a sum not exceeding four hundred dollars. of corporations. 

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

For incidental expenses of the attorney-general, a sum Attorney. 
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- naiboran<i 
bor and land commissioners, a sum not exceeding one s^ouers.""^'^' 
thousand dollars. 

For incidental and contingent expenses of the harbor incidental 
and land commissioners, a sum not exceeding five hundred ''^i'*^°^®*- 
dollars. 

For incidental expenses of the department of the insur- insurance com- 
ance commissioner, a sum not exceeding three thousand '"'^*'°"®''- 
dollars. 

For compensation of experts, or other agents, for rent Riuroadcora- 
of office and for incidental and contingent expenses of the '"'^'''°"^''^- 
railroad commissioners, a sum not exceeding four thousand 
one hundred and fifty dollars. 

For travelling and incidental expenses of the commis- Commiopioners 
sioners on savings banks, the same to include expenses b^ks."^^^ 
incurred in auditing the accounts of county officers, a sum 
not exceeding one thousand five hundred dollars. 

For incidental expenses of the gas commissioners, a sum oas commis. 
not exceeding one thousand dollars. sioners. 

For travelling and incidental expenses of the inspector insppctorsof 
and assistant inspector of gas meters, a sum not exceeding s^*'"®'®''^- 
six hundred and fifty dollars ; and for furnishing such 
additional apparatus as the inspector of gas meters may 
find necessary, a sum not exceeding two hundred and fifty 
dollars. 

For the arrangement and preservation of state records state records 
and papers in the department of the secretary of the Com- ^'^'^p'^p^"- 
mouwealth, a sum not exceeding five thousand dollars. 



26 



1886. — Chapter 19. 



Removal of 
wrecks, etc. 



Contagious dis- 
eases. 



Civil service 
commissioriers. 



Civil service 
exatniuatious. 



Travelling and 
incidental ex- 
penses. 



Commissioners 
OD inland 
fisheries. 



Survey and 
map of the 
state. 



Town boun- 
daries. 



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

For the purpose of exterminating contagious diseases 
among horses, cattle and other animals, a sum not exceed- 
ing five thousand dollars. 

For compensation and expenses of the board of civil 
service commissioners, a sum not exceeding two thousand 
five hundred dollars ; for clerical assistance to said com- 
missioners, a sum not exceeding one thousand five hundred 
dollars. 

For expenses of civil service examinations, a sura not 
exceeding three hundred dollars ; for printing, advertising 
and stationery for said commissioners, a sum not exceed- 
ing one thousand dollars ; for care of offices and rent of 
room for registration of laborers, a sum not exceeding five 
hundred dollars ; and for travelling and incidental expenses 
for the chief examiner and commissioners, a sum not 
exceeding five hundred dollars. 

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

For expenses in connection with a topographical survey 
and map of Massachusetts, in co-operation with the United 
States geological survey, a sum not exceeding fifteen 
thousand dollars. 

For the determination by triangulation of the boundary 
lines of the cities and towns of the Commonwealth, a sum 
not exceedins: six thousand dollars. 



Reimbursement 
for payment of 
state and mili- 
tary aid. 



Expenses. 



Boldiers' bouti- 
ties. 



EXPENSES KESULTING FROM THE AVAR OF THE REBELLION. 

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

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

For payment of bounties due to Massachusetts soldiers 
who served in the late war, a sum not exceeding one 
thousand dollars. 



1886. — Chapter 19. 27 



AGRICULTURAL. 

For liounties to agricultural societies, eighteen thousand f^^r;;;;';""""^ 
six hundred dollars. 

For traveliino; and necessary expenses of the members Board of agri- 

I • culture ex* 

of the board of agriculture, a sum not exceedmg one penses.' 
thousand six hundred dollars. 

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

For incidental expenses of the board of agriculture, a incidental ex- 
sum not exceeding live hundred dollars. ptnses. 

For maintaining an agricultural experimental station at Experiment 
the Massachusetts agricultural college in the town of Am- *^'*"°"- 
herst, the sum of ten thousand dollars. 

For the Massachusetts agricultural college, for the pur- Aericuiturai 
pose of providing eighty free scholarships, the sum often °° '"^''' 
thousand dollars. 

The fees under section twelve of chapter sixty of the ADpropnatiou 
Public Statutes, are hereby appropriated to be used in ac- °^^'"'^- 
cordance with the provisions of said section. 

MISCELLANEOUS. 

For the payment of unclaimed moneys in the hands of unclaimed 

,."..■ • ^ ^1 moneys in 

receivers ot certain insolvent corporations, atter tne same hands of 
has been deposited in the treasury of the Commonwealth, insolvent cor- 
a sum not exceeding ten thousand dollars. porations. 

To carry out the provisions of the act relative to the pubiic adminis- 
payment by the treasurer of the Commonwealth of funds *'''''°''^- 
received from public adminstrators, a sum not exceeding 
four thousand dollars. 

For expenses incurred in the construction and repair of Roads in Mash- 
roads in the town of Mashpee during the year eighteen ^^'^' 
hundred and eighty-five, the sum of three hundred dollars. 

For weights, measures, balances and reports for sundry weights and 
newly incorporated towns, a sum not exceeding two thou- measures, 
sand four hundred dollars. 

For the sheriflfs of the different counties, for distributing sheriffs, for 
proclamations, blanks, and making a return of votes, a tianks^et^c! 
sum not exceeding two hundred dollars. 

For travelling and other necessary expenses of the Trustees of 
trustees of the state primary, reform and industrial schools, 6cb°o'oi'B.'^ °'' 
a sum not exceedino^ one thousand two hundred dollars. 

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

Ajyproved February 17, 1886. 



28 1886. — Chaptees 20, 21, 22. 

Chcip. 20 An Act to authorize the Suffolk savings bank for seamen 

AND OTHERS TO HOLD ADDITIONAL REAL ESTATE. 

Be it enacted, etc. , as folloios : 
May hold addi- Section 1. The Suftolk Savinsfs Bank for seamen and 

tioiial real , . O _ ^ 

estate. otliers, incorporateci by an act passed in the year eighteen 

hundred and thirty-three, is authorized to purchase and 

hohl real estate in the cit}^ of Boston, to the amount of two 

• hundred and fifty thousand dollars in addition to the amount 

now authorized by law. 

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

Approved February 18, 1886. 

(JhClT). 21 A^ -^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 

OF THE DISTRICT POLICE FORCE. 

Be it enaoied, etc., as follows: 

Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
salaries and expenses of the district police force, during 
the year eighteen hundred and eighty-six, to wit : — 

^lary^of'cmef: ^°^' *^® salaiy of the chief of the district police force, a 
sum not exceeding one thousand seven hundred dollars. 

ofS?mbMs°" -^^^" compensation of members of the district police 
force, a sum not exceeding twenty-two thousand eight 
hundred dollars. 

Travelling For travelling expenses actually paid by members of the 

district police force, a sum not exceediog eleven thousand 
two hundred and fifty dollars. 

Incidental and For incidental and contingent expenses of the district 

expenses. policc forcc, a sum iiot excccding two thousand five hun- 

dred dollars. 

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

Approved February 18, 1886. 

Chcip. 22 -^^ -^^^ ^^ INCORPORATE THE BAR ASSOCIATION OF THE CITY OF 

BOSTON. 

Be it enacted, etc., as follows : 
"^iationZAhl"' Section 1. The members of the Bar Association of 
rnc^r°pom*eT' ^^^® ^^^^ °^ Bostou, of which Caustcu Browne is president, 
Henry C. Hutchins is vice-president, Richard Olney is 
treasurer, Robert Grant is secretary, and the above named, 
together with William G. Russell, George O. Shattuck, 
Augustus Russ, Solomon Lincoln, Charles P. Greenough, 



1886. — CiiArTER 22. 29 

Lnuriston L. Scaife, Moses Williams, John Lowell, Nathan 
Morse, Robert D. Smith, Robert M. Morse, Jr., Wiiislow 
AVarren, Henry jSI. Rogers, Henry W. Puinam, Augustus 
L. 8oule, Edward P. Ncttleton, John C. Ropes, Moortield 
Storey, Samuel Hoar, Clement K. Fay, Edward W. 
Hutehins are the council, and all persons who shall here- 
after be associated with them, are hereby created a body 
corporate under the name of The Bar Association of the 
City of Boston, for the purpose of promoting social inter- 
course among the members of the bar; of insuring con- 
formity to u high standard of professional duty ; and of 
making the practice of the law efficient in the administra- 
tion of justice. 

Section 2. Said corporation shall have power to May hold, 
acquire, by lease or purchase, a suitable building, library, co^rTvey^eaUr 
and furniture for the use of the corporation; to borrow Fr^«o''ai prop- 
money for such purposes and issue bonds therefor, and to 
secure the same by mortgage ; and generally to acquire 
and take by purchase, gift, devise, bequest, subject to 
the provisions of law relating to devises and bequests by 
last will and testament, or otherwise, and to hold, trans- 
fer and convey all or any such real or personal property 
as may be necessary for attaining the objects and carry- 
ing into effect the purposes of such corporation : pro- 
vided, it shall not hold any real estate the value of which Real estate not 
shall exceed in the aggregate five hundred thousand dol- $5to,ooo. 
lars. 

Section 3. Such corporation shall have power to May adopt con- 
make and adopt a constitution, by-laws, rules and regu- bylaws"/" 
lations for the admission, government, suspension and 
expulsion of its,members, the collection of fees and dues, 
the number and election of its officers, and to define their 
duties, and for the safe keeping of its property and man- 
agement of its affairs, and from time to time to alter, 
modify, and change such constitution, by-laws, rules and 
regulations. 

Section 4. All interest of any member of said corpo- interest of 
ration in its property shall terminate and vest in the cor- to"'J"u,?crr^^'^ 
poration, upon his ceasing to be a member thereof by po'"''*'""- 
death, resignation, expulsion, or otherwise. 

Section 5. The several officers of said association, at Existing officers 
the time of the passage of this act, shall continue to hold u^ntn'^^ucce^ssors 
their respective offices as officers of this corporation, with ^re installed. 
the powers and duties prescribed by the constitution and 



30 



1886. — Chapter 23. 



Act may be 
modified or 
repealed. 



by-laws of said association, until their successors shall be 
elected and installed ; and in case of any previous 
vacancy among such officers, it shall be filled in the man- 
ner prescribed by the constitution and by-laws ah-eady 
adopted by said association, or as the same may, in con- 
formity therewith, be altered or amended by this corpo- 
ration ; and the present constitution and by-laws of said 
association shall be the constitution and by-laws of said 
corporation ; and all property, rights and interests of said 
association now held by any or either of the officers 
thereof, or any person or persons, for its use and benefit, 
shall, by virtue of this act, vest in and become the prop- 
erty of the corporation hereby created, subject to the 
payment of the debts of said association. 

Section 6. The legislature may at any time alter, 
modify, or repeal this act. 

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

Approved February 19, 1886. 



(JJiaj). 23 ^"^ -^^'^ MAKING APPROPRIATIONS FOR SUNDRY CHARITABLE 

EXPENSES. 

Be it enacted, etc., as follows : 

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



Travelling 
expenses of 
board. 



Clerk and 
auditor. 



Health depart- 
ment. 



Inspection of 
food and drugs. 



STATE BOARD OF HEALTH, LUNACY AND CHARITY. 

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

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

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

For salaries and expenses in connection with the in- 
spection of milk, food and drugs, a sum not exceeding 
ten thousand dollars. 



1S8G. — Chapter 23. 31 

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

For salaries and expenses in the department of out-door outdoor poor. 
poor, a sum not exceeding seventeen thousand five hun- 
dred dolhirs. 

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

For travellino: and other necessary expenses of the Auxiliary visi- 

tors 

auxiliar}^ visitors of the state board of health, lunacy and 
charity, a supi not exceeding one thousand two hundred 
and fifty dollars. 

MISCELLANEOUS CHARITABLE EXPENSES. 

For the support and relief of state paupers in the luna- state paupers in 

,•1 -J 11 1 c J^^ /-^ ij.1 lunatic asyluma. 

tic hospitals and asylums oi the Commonwealth, a sum 
not exceeding one hundred and forty thousand dollars. 

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

For the transportation of state paupers, a sum not ex- Transportation, 
ceeding fifteen thousand dollars. state paupe.s. 

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

For the care and maintenance of indigent and neg- indigent and 
lected children, a sum not exceeding fifteen thousand drfn?*^ 
dollars. 

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

For the support of sick state paupers by cities and Support of sick 
towns, a sum not exceeding forty-two thousand five hun- by oiaes"au" 
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, Buriai of state 
for the present and previous years, a sum not exceeding 1"*"^®'*- 
seven thousand five hundred dollars. 

For the temporary support of state paupers by cities Temporary 
and towns, for the present and previous years, a sum not cii?is°and^ 
exceeding thirteen thousand dollars. *"''"*• 

For the support and transportation of outside found- outside found- 
lings, a sum not exceeding thirteen thousand dollars. "''^^' 

For the support of state paupers and special pupils in 



32 



1886. — Chapter 24. 



iSchool for the 
fucblf-mlnded. 



Dangerous dis- 
eases. 



Medical exami- 
iiatiims and 

inquests. 



Jolionnot 
annuities. 



Annuities. 



Pensions. 



the Massachusetts school for the feeble-mhided, a sura not 
exceeding twelve thousand dollars. 

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

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

For annuities due from the Commonwealth, incurred by 
the acceptance of the bequests of the late Martha Johon- 
not, a sum not exceeding one thousand dollars. 

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

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

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

Approved February 23, 1886. 



Chan. 24 ^^ ^^^ amending the charter of the LYNN AND BOSTON RAIL 

ROAD COMPANY. 



Charter 
amended. 



Repeal of 
172, § 2. 



Be it enacted, etc., as follows : 

Sectiox 1. Section four of chapter one hundred and 
fifty-two of the acts of the year eighteen hundred and 
eighty-one is hereby amended by striking out the words 
" for the purpose of reaching Woodlawn cemetery in said 
Everett ", and by adding at the end of said section the 
following words: — and for the purpose of reaching 
Woodlawn cemetery in said Everett, said Lynn and 
Boston Railroad Company is hereby authorized to con- 
struct, maintain and use its railroad in the private way 
known as Woodlawn avenue, leading from Washington 
avenue in Chelsea, to Elm street in Everett, as said rail- 
road is now or may hereafter be located, with the con- 
sent of said cemetery corporation and the owners of said 
private way. 
1885/ Section 2. Section two of chnpter one hundred and 
seventy-two of the acts of the year eighteen hundred and 
eighty-five is hereby repealed. 

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

Approved February 23, 1886. 



1886. — Chapters 25, 2G, 27. 33 



An Act to autfiorize the city of laavkence to maintain a (JJicip. 25 

BRIDGE OVER THE SOUTH CANAL OF THE ESSEX COMPANY ON 
BROAD^VAY IN SAID CITY. 

Beit enacted, etc., as folloivs : 

Section 1. The city of Lawrence is hereby author- city of Law. 
izcd !ind required hereafter to maintain and keep in good tai"rbii'ag'e'over 
repair a sufficient bridge over the south canal of the oflheEssex"'^' 
Essex Company where said canal crosses Broadway in said tJompany- 
city ; and the said Essex Company is hereby relieved and 
discharged from all duty and liability imposed upon said 
company by the fourth section of chapter one hundred 
and sixty-three of the acts of the year eighteen hundred 
and forty-five or any act in addition thereto to make and 
maintain such bridge. 

Section 2. The agreement of indenture executed by esspx company 
and between the said city of Lawrence and the said Essex funherTawiity'! 
Company on the eighteenth day of November in the year 
eighteen hundred and eighty-five, providing for the main- 
tenance of such bridge by the said city of Lawrence and 
the discharge of the said Essex Company from all further 
duty or liability in respect thereto, is hereby ratified and 
confirmed. 

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

Approved February 25, 1S86. 

An Act to authorize the young men's christian association of QJku) 9Q 
worcester to hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. The Young Men's Christian Association of May hoid addi. 
Worcester, incorporated by chapter three hundred and personaTesute. 
seven of the acts of the year eighteen hundred and sixty- 
eight, is hereby authorized to hold real and personal estate 
to an amount not exceeding two hundred thousand dollars. 

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

Approved February 25, 1886. 



Chap. 27 



An Act in addition to an act to incorporate the dedham his- 
torical SOCIETY. 
Be it enacted, etc., as follows: 

Section L The Dedham Historical Society, incorpo- May orm 
rated under chapter one hundred and twenty-nine of the ^^"'^'"s- 
acts of the year eighteen hundred aud sixty-two, in addi- 



34 



1886. — Chapters 28, 29. 



Real and per- 
suDal estate. 



tion to the authority given by said act, is hereby author- 
ized to erect and maintain a building suitable for the pur- 
poses of said corporation, and to take and hold, by devise, 
bequest, grant or gift, real and personal estate to an 
amijunt not exceeding twenty-five thousand dollars. 

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

Approved February 25, 1886. 

ChCLT). 28 ^^ "^^^ '^^ PERMIT THE SHERIFF OF THE COUNTT OF NANTUCKET TO 
RETAIN TO HIS OWN USE ALL FEES RECEIVED BY HIM FOR THE 
SERVICE OF PROCESSES. 

Be it enacted, etc., as follows: 

Section 1. The sheriff of the county of Nantucket 
may retain to his own use, in addition to his salary, all 
fees received by him for the service of processes from and 
after the first day of January in the year eighteen hun- 
dred and eighty-six. 

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

Approved February 25, 1886. 



May retain fees 
in addition to 
salary. 



Chap. 



May extend 
tracljs and pur. 
chase franchise 
of Salem Street 
Railway. 



Proviso. 



Mny icsue addi- 
tional bonds. 



on An Act to amend the charter of the naumkeag street rail- 
way COMPANY AND TO AUTHORIZE SAID COMPANY TO PURCHASE 
the SALEM STREET RAILWAY. 

Be it enacted, etc., as follows: 

Section 1. The Naumkeag Street Kailway Company 
is authorized to extend its tracks into and through the 
towns of Wenham and Hamilton, and to purchase the 
rights, franchise and property of the Salem Street Rail- 
way ; and the said Salem Street Railway is authorized to 
convey and assign to the said Naumkeag Street Railway 
Company its franchise and property, and all the rights, 
easements, privileges and powers granted it. The said 
Naumkeag Street Railway Company shall, upon such con- 
veyance being made to it, have and enjoy all the rights, 
powers, privileges, easements, franchise and property, 
and be subject to all duties, liabilities, obligations and re- 
strictions to which said Salem Street Railway may be 
subject : provided, however, that such purchase or sale 
shall not be valid unless agreed to by the board of direct- 
ors of the contracting parties and approved by the 
majority of the votes at meetings of the stockholders of 
each corporation called for that purpose. 

Section 2. For the purpose of providing means for 
the expenditures authorized by the preceding section, the 



18S6. — Chapters 30, 31, 32. 35 

said Naumke.'ig Street Railway Company is authorized to 
issue its bonds to an amount not exceeding one tiundred 
and tifty tliousand dollars in addition to the amounts here- 
tofore authorized by law. 

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

Ax>p^oved February 25, 1886. 

An Act to authorize the town of dedham to raise money (JJkij)^ 30 
FOR THE celebration of the tavo hundred and fiftieth 

ANNIVERSARY OF ITS INCORPORATION. 

Be it enacted, etc., as foHoivs: 

Section ] . The town of Dedham is authorized to raise May raise 

1... f. , T itir money for cele- 

by taxation a sum or money not exceeding one-tenth ot brationcfanui- 
one per centum of the assessed valuation of said town in getuemeut. 
the 3'ear one thousand eight hundred and eighty-five, for 
the purpose of celebrating the two hundred and fittieth 
anniversary of the incorporation of said town, and for 
publishing the proceedings of such celebration, erecting 
tablets or monuments to mark places and objects of his- 
toric interest, and restoring and preserving any such 
existing monuments therein. 

Section 2. This act shall take effect upon its })as8age. 

Approved February 26, 1886. 

An Act to increase the numuer of associate justices of QJinjy '-il 

THE superior court. 

He it enacted, etc., as folloios: 

Section 1. The nmnber of associate justices of the su- ki ven nsHodate 
perior court shall be eleven instead of ten as now piDvided iupirior"!oun. 
by law. 

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

Approved February 27, 1886. 

An Act to amend an act to incorporate the timsteks (;f (JJjcj i,^ |j_> 

THE soldiers' HOME IN MASSACHUSETTS. 

Be it enacted, etc., as folloios : 

Chapter two hundred and eighteen of the acts of the Fiiiinar vaoan- 
year eighteen hinidred and seventy-seven is hereby of rru^t.'.H.'^ 
amended as follows, viz. ; — In the first section, tw(iit\- 
first and twenty-second lines, by striking out the Words 
" council of administration ot", and b}- stid\iiig out the 
second section of said act and inserting in place thereof 



36 1886. — Chapters 33, 34. 

Trustees to hold the followiiig sectioii : — Said trustees may receive, hold, 

propertyl^'^ Diaiiage Riid couvey siuh real and personal estate, not ex- 
ceeding in all two hundred thousand dollars, as they may 
acquire by gift, grant, jnirchase or otherwise, for the pur- 
pose of maintaining in this Commonwealth a home for de- 
serving soldiers and sailors and such members of their 
families as said trustees may de.era proper, and also for the 

Cemetery. purpose of a burial lot or cemetery, and under such con- 
ditions and regulations as said trustees may from time to 
time prescribe. Seven of said trustees shall constitute a 

Quorum. quorum for doing business, and said trustees shall be sub- 

ject to the duties and liabilities, and shall have the powers 
and privileges set forth in all general laws which now are 
or hereafter may be applicable to such corporations, so far 
as they are not inconsistent Avith this act. 

Approved February 27, 1886. 

CJlCiP' 33 ^^ ^'^'^ '^^ PROVIDE FOR THE ORGANIZATION OF THE SCHOOL 

COMMITTEE OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Organization of Section three of chapter two hundred and forty-one of 
teJ°inBo™X the acts of the year eighteen hundred and seventy-five is 
amended by striking out the words "in the year 
eighteen hundred and seventy-six and annually thereafter 
at such time and place as the mayor may appoint.", and 
by inserting in place thereof the words : — in each year, — 
so that the first clause of said section shall read as fol- 
lows : — The persons so chosen as members of the school 
committee shall meet and organize on the second Monday 
in January in each j'ear. Approved February 27, 1886. 

ChCtV. 34 ^^ ^^^ MAKING APPROPRIATIONS FOR DEITCIENCIES IN APPROPRIA- 
TIONS FOR CERTAIN EXPENSES AUTHORIZED IN THE TEAR EIGHTEEN 
HUNDRED AND EIGHTY-FIVE. 

Beit enacted, etc., asfolloius: 

Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commoii- 
w^ealth, from the ordinary revenue, for the payment of 
certain expenses in excess of appropriations therefor in the 
year eighteen hundred and eighty- five, to wit : — 

Scrgeant-at- For Stationery, printing and advertising ordered by the 

sergeant-at-arms, three hundred and thirty-nine dollars 
and ninety-five cents. 



arms. 



188G. — Chapter 35. 37 

For incidontiil expenses of the attorney-general, eleven Auomoy. 

J II 1 J2i: .1 i General. 

aolhirs and nfly-three cents. 

For the pa3'ment of salaries at the state almshouse at state aims- 
Tewksbiiry, one hundred and sixty-three dollars and fifty- 
three cents. 

For the support and relief of state paupers in the luna- state paupers 
tic asylums of the Commonwealth, one thousand one hun- lums?"''"^^^" 
dred and seventy-five dolhirs and thirty-two cents. 

For expenses at the Commonwealth building, fifty commonwealth 
dollars and seventy-five cents. "' '"^" 

For expenses at house numbered thirteen Beacon street. House, No. is, 
four hundred and sixty-three dollars and forty-eight cents. 

For contingent expenses of the senate and house of rep- senate and 
resentatives, and necessary expenses in and about the Bt?iteHouse 
state house, five hundred and ninety-seven dollars and expenses. 
forty-one cents. 

For repairs, improvements and furniture of the state Repairs and 
house, one thousand five hundred dollars and sixteen 
cents. 

For the payment of salaries at the reformatory prison Prison for 
for women, four hundred and fifty-five dollars and eighty- T^iZtel 
live cents. 

For board of prisoners removed from the reformatory Board of pris- 
prison for women, sixty-seven dollars and twenty-six ""^"' 
cents. 

For the payment of current expenses at the Massachu- Massachusetts 
setts reformatory, twenty-one thousand three hundred '^'=f°™^'°''J'- 
and ninety-three dollars. 

For travelling expenses of the inspector of gas meters, inspector of 
ninety-four dollars and eighty-three cents. gas meets. 

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

Approved February 27, 1886. 

An Act to change the name of the corporation known as (^JfnY) 35 

THE WORKING UNION OF PROGRESSIVE SPIRITUALISTS OF BOSTON. "^ ' 

Be it enacted., etc., as follows : 

Section 1. The name of "The Workino; Union of Name changed. 
Progressiv^e Spiritualists," of Boston, a corporation estab- 
lished under the laws of the Commonwealth, is changed to 
Spiritual Fraternity. 

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

Approved February 27, 1886. 



38 



1886. — Chapters 36, 37. 



Chap. 



Validity of 
inaiTiiiges. 



36 An Act to amend section eleven of chapter one hundred 

AND forty-five OF THE PUBLIC STATUTES RELATING TO MAR- 
RIAGE. 

Be it enacted, etc., as follows : 

Section 1. Section eleven of chapter one hundred and 
forty-five of the Public Statutes is herel^y amended, by 
inserting in the fourteenth line of said section after the 
word " tiled," the following words: — or has resided in 
this Commonwealth for five years next preceding the 
filing of said libel, unless it appears that said libellant has 
removed into this Commonwealth for the purpose of ob- 
taining said decree. 

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

Approved March 2, 1886. 



Chap. 



Salaries of offi- 
cers and tnes- 
Benger of 
Biiperior court 
in Suffolk. 



Salaries of offi- 
cers and mes- 
Bonger of 
supreme judi- 
cial court in 
Suflolk. 



37 An Act relating to the salaries of certain court officers 

IN the county of SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-nine of chapter one hundred 
and fifty-nine of the Public Statutes is amended so that 
the oflDcers in attendance upon the sessions of the superior 
court for civil and criminal business in the county of 
Suffolk and the messenger to the justices of said court 
shall each receive an annual salary of seventeen hundred 
dollars in full for all services performed by them. 

Section 2. Section one of chapter two hundred and 
thirty-two of the acts of the year eighteen hundred and 
eighty-two is amended so that the ofiicers in attendance 
upon the supreme judicial court, in the county of Suffolk, 
not exceeding four in number including the messenger of 
the justices of the supreme judicial court in said county, 
shall each receive in full for all services performed by 
them an annual salary of seventeen hundred dollars, of 
which thirteen hundred dollars shall l)e paid by the said 
county and four hundred dollars by the Commonwealth. 

Section 3. This act shall take efl'ect upon its passage* 

Approved March 2, 1886. 



1886. — Chapters 38, 39. 39 

An Act to establish the salaries of the clerks in the (JJiap, 38 
OFFICE OF the tkeasuuer and receiver-general, and pro- 
vide FOR THEIU PROPER DESIGNATION. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver-general may cierkginthe 

1 • 1 . /.. 1 /• 1 1 • 11 • Ha. treasurer s 

employ in his omce the lollowing clerks, viz. : — a iirst office. saUries. 
clerk at a salary of twenty-three hundred dollars a year ; 
a second clerk at a salary of eighteen hundred dollars a 
year; a third clerk at a salary of twelve hundred dollars 
a year ; a fund clerk at a salary of twelve hundred dollars 
a year ; a cashier at a salary of eighteen hundred dollars a 
year ; a receiving teller at a salary of twelve hundred dol- 
lars a year; a paying teller at a salary of twelve hundred 
dollars a year ; and such additional clerical assistance as 
he may find necessary for the despatch of public business, 
at an expense not exceeding one thousand dollars a year. 

Section 2. So much of section seventeen of chap- RepeaL 
ter sixteen of the Public Statutes as is inconsistent 
"with this act, and chapter one hundred and eleven of the 
acts of eighteen hundred and eighty-two, and chapter one 
hundred and sixty-four of the acts of eighteen hundred 
and eighty-three, and chapter fifteen of the acts of eighteen 
hundred and eighty-five are hereby repealed. 

Section 3. This act shall take efi'ect upon its passage. 

Approved March 3, 1886. 

An Act extending the state aid laws to the one hundred (JJkxt). 39 
days troops of eighteen hundred and sixty-four. 

Be it enacted, etc., as follows: 

Section 1. All soldiers who were members of the state aid laws 
regiments and organizations of Massachusetts volunteer one^'luimired 
militia known as one hundred days troops, viz.: — ^j^q days troops. 
fifih, sixth, eighth, forty-second and sixtieth regiments of 
infantry, and the second, fifteenth, sixteenth, seventeenth, 
eighteenth, nineteenth, twentieth, twenty-first, twenty- 
second and twenty-third unattached companies of infuntry, 
who were mustered into the service of the Uuited States 
in the year eighteen hundred and sixty-four, shall be 
deemed to have served to the credit of this Common- 
wealth, and are hereby made eligible to receive state and 
military aid under the conditions, provisions and limita- 
tions contained in chapter thirty of the Public Statutes. 

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

Approved March 3, 1886. 



40 



1886. — Chapters 40, 41. 



Organization 
and proceediiiga 
confirmed and 
made valid. 



CllCip. 40 ^^ -^C'^ "^^ CONFIRM AND MAKE VALID THE ORGANIZATION AND 
PROCEEDINGS OF THE SOUTH GKOTON CHRISTIAN UNION OF AYER, 
AND TO CHANGE THE NAME OF SAID ORGANIZATION. 

Be it enacted^ etc., as follows : 

Section 1. The organization as a corporation of the 
South Groton Christian Union, afterward known as The 
First Congregational Unitarian Society and as The First 
Unitarian Parish of Ayer and by other names, which or- 
ganization was originally efl'ected on the twelfth day of 
August in the year eighteen hundred and fifty-five under 
general laws, and all gifts, devises, bequests and convey- 
ances to, and all conveyances and transfers by, said cor- 
poration, of real or personal estate under either of said 
names or under whatsoever name the same shall have 
l)een made, and the records of said corporation 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 corpora- 
tion, or by committees, are hereby fully ratified and con- 
firmed, and the same shall be taken and deemed to be 
good and valid in law to all intents and purposes whatso- 
ever, and the several persons now appearing b}^ 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 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 society shall 
be The First Unitarian Parish of Ayer. 

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

Approved March 5, 1886. 

An Act to authorize the Massachusetts baptist convention 
TO hold additional real and personal estate. 

Be it enacted, etc., as follows : 

Section 1. The Massachusetts Baptist Convention is 
hereby authorized to hold real and personal estate to the 
amount of five hundred thousand dollars, and all income 
arising therefrom shall be applied exclusively to the pur- 
poses of said corpoiation. 

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

Approved March 5, 1S86. 



Name estab- 
lislied. 



Cliajy. 41 



May hold addi 
tional real and 
personal estate. 



188G. — Chapters 42, 43, 44, 45. 41 

An Act to autiiokizk the society of op.late fathers fou (7/irt?9. 42 

MISSIONS AMONG THE VOOR TO HOLO REAL AND PERSONAL 
ESTATE ANYWHERE IN THE COMMONWEALTH. 

Be it enacted, etc., asfoUoios: 

Section 1. The Societ}' of Oblate Fathers for Mis- Mayhoidreai 
sions among the Poor, a corporation located at Lowell, is eltat^!'^''""'' 
hereliy nuthorized to receive, purchase, hire and hold for 
reliiiions, charitable and educational purposes, real and 
personal estate anj-whcre in the (Commonwealth, not ex- 
ceeding in all the amount of liv^e hundred thousand dol- 
lars ; and the purchase heretofore made by said corpora- 
tion of any property now held by it for such purposes is 
hereby confirmed and made valid as a part of said amount. 

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

Ajyproved March 5, 1886. 

An Act to change the name of the blair tourograph and Q^ki'V) 43 

DRY plate company. 

"Be it enacted, etc., as follows: 

Section 1. The name of the "Blair Tourograph and Name changed. 
Dry Plate Company", a corporation organized under the 
general laws of the Commonwealth, is hereby changed to 
the Blair Camera Company. 

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

Approved March 5, 1886. 

An Act to authorize the williston seminary to hold addi- (JJiart d-d- 
tional real and personal estate. 

Be it enacted, etc., asfoUoios: 

Section 1. The Williston Seminary is hereby author- May hoid a.idi- 
ized to hold real and j^ersonal estate to the amount of five persouaus'tate. 
hundred thousand dollars, in addition to the amount which 
it is now authorized to hold, to be devoted exclusively to 
the purposes of education. 

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

Apiwoved March 5, 1886. 

An Act relating to primary declarations in naturalization QJian, 45 

cases. 
Be it enacted, etc., as folloivs : 

Section 1. Primary declarations of intention of aliens primary deciar- 
to become citizens of the United States may be filed in med'at'^y ^"^ 
the supreme judicial court and the superior court at any •^'"^- 



42 



1886. — Chapters 46, 47. 



Oath may be 
administered. 



Kepeal. 



Purpose. 



time, and the requisite oath administered by the clerk at 
the time of such tiling. A record of the same sliall be 
entered in the docket of the court. 

Section 2. Section nine of chapter one hundred and 
sixty of the Public Statutes is repealed. 

Approved March 5, 1886. 

ChCLT). 46 ^^ ^^^ "^^ INCORPORATE THE BERKSmRE HEIGHTS LAND COMPANY. 

Be it enacted, etc., as follows: 
Berkshire SECTION 1. Edwiu D. Braiuard, Caleb Ticknor, Wil- 

company, Ham E. Coopcr and Herbert C. Joyner, tiieir associates 
incoiporate . ^^^^ succcssors are made a corporation for the term of tive 
years from the date of the passage of this act, by the 
name of the Berkshire Heights Land Company, to be 
located in the town of Great Barrington in this Common- 
wealth ; for the purpose of buying, iraprovins: and selling 
all or any part of that tract of land situated in said Great 
Barrington, bounded northerly by Castle Street ; easterly 
by land of Edwin D. Brainard and land of John Lewis 
Russell ; southerly by land of Alfred Peck ; and westerly 
by land of John M. Mackie and land of David Healy, not 
exceeding seventy acres ; with all the powers, rights and 
privileges, and subject to all the duties, limitations and 
restrictions, of corporations subject to chapters one hun- 
dred and five and one hundred and six of the Public 
Statutes, and to all general laws which now are or here- 
after may be in force so far as they may be applicable. 

Section 2. The capital stock of said corporation shall 
be ten thousand dollars, divided into shares of one hun- 
dred dollars each ; and may be increased from time to 
time to an amount not exceeding thirty thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Approved March 5, 1886. 



Powers and 
duties. 



Capital stock 
and shares. 



May Increase 
capital stock. 



CllCLT) 4:7 ^^ ^^^ AUTHORIZING THE BOSTON TOW BOAT COMPANY TO IN- 
CREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as folloios : . 

Section 1. The Boston Tow Boat Company, a cor- 
poration established by chapter twenty-seven of the acts 
of the yea,r eighteen hundred and seventy-three, is hereby 
authorized to increase its capital stock to five hundred 
thousand dollars. 

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

Apj) roved March 3, 1886. 



1886. — CnAPTERS 48, 49. 43 



An Act to authorize tue town of south abington to change (7/ia». 48 

ITS name. 

Be it enacted, etc., as follows: 

Section 1. The town of South Abington may take Town may 
the name of Stanciish, Brainard, Whitman or Grandon. nam'*?*'" 

Section 2. A special meeting of the voters of said oFvoterJ^trbe^ 
town shall be held on the first ISIonday of May of the ^eid. 
current year for the purpose of determining which of said 
four names shall be the name of said town. The voting 
shall be by ballot and each voter may vote for one of said 
names only, and any ballot having thereon any other name 
or more than one of said names shall not be counted. 
The polls shall be opened at nine o'clock in the forenoon 
of said day and shall be closed at seven o'clock in the 
afternoon of said day. 

Section 3. It shall be the duty of the selectmen of Result of baiiot- 
said town to certify and return as soon as may be the returned to the 
number of ballots in favor of each of said four names to comin'onweaith. 
the secretary of the Commonwealth, who shall immedi- 
ately issue and publish his certificate declaring the name 
which shall be found to have the most ballots in its favor, 
to have been adopted by said town, and the same shall 
thereupon become and be the name of said town. 

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

Approved March 5, 1886. 



Chap. 49 



An Act to regulate the printing and distributing of ballots 

ON THE question OF GRANTING LICENSES FOR THE SALE OF INTOX- 
ICATING LIQUORS. 

Be it enacted, etc., as follows: 

Section 1. No person shall print or distribute any printim? and 
ballot for use on the question of granting licenses for the banot8"on"que8- 
sale of intoxicating liquors as provided for in section five JlquoHfcenBesf 
of chapter one hundred of the Public Statutes, unless regulated. 
such ballots are of plain white paper, in weight not less 
than that of ordinary printing paper, and are not more 
than five nor less than four and one-half inches in width, 
and not more than six nor less than five and a half inches 
in length, and unless the same are printed with black ink 
on one side of the paper only, and contain no printing, 
engraving, device or mark of any kind whatever, and 
unless said ballots shall contain the words : — Shall 
licenses be granted for the sale of intoxicating liquors in 



4i 188G. — Chaptees 50, 51. 

Refusal tore- tiiis citv for townl ? Ycs. [or No.1, and no others. 

ceive and count -vrii* 

ballot not au- JNothitig herein contained sh;ill authorize the refusal to 
receive or count any ballot for any want of conformity 
with the requirements of this act. 

Penalty. SECTION 2. Whosocvcr offcuds agalust any of the 

provisions of this act shall be punished by fine not ex- 
ceeding one hundred dollars or by imprisonment in jail 
not exceeding one year. A2:)proved March 9, 1886. 

CllCLT). 50 "^^ ^^'^ '^^ INCORPORATE THE ALGONQUIN CLUB OF BOSTON. 

Be it enacted, etc., as follows: 

wporited.'"'' Section 1. Oliver Ames, Edward A. Taft, William 
B. Wood, Thomas E. Proctor, their associates and suc- 
cessors, are made a corporation by the name of the Algon- 
quin Club, for the purpose of maintaining a club house 
and reading room in the city of Boston, with the powers 
and privileges, and subject to the duties, liabilities and 
restrictions, set forth in all general laws, which now are 
or may hereafter be in force applicable to such corpora- 
tions. 

rolTai^llut'e.'^' Section 2. Said corporation for the purpose aforesaid 
may hold real and personal estate to an amount not ex- 
ceeding three hundred and fifty thousand dollars. 

Section 3. This act shall take efl'ect upon its passage. 

Approved March 9, 1886. 

Chap. 51 -^^ ^^"^ ^^ RELATION TO TUE COMPENSATION OF REFEREES FOR 
DUTIES PERFORMED UNDER DIRECTION OF THE SUPREME JUDICIAL 
COURT AND SUPERIOR COURT. 

Be it enacted, etc., as follows: 

bepIfdb*^^t1iV° Section 1. Section one of chapter two hundred and 
county. sixteen of the year eighteen hundred and eighty-three is 

Y/C ZV y amended by inserting after the word "assessors," the 
word : — referees, — so that said section shall read as fol- 
lows : — The supreme judicial court and the superior 
court shall award reasonable compensation to assessors, 
referees, masters in chancery and special masters, for 
duties performed under the direction of said courts, to be 
paid by the counties in which the}'" are appointed and not 
to be taxed in the bill of costs of either party to the 
action. 

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

Approved March 9, 1886. 



ISSG. — Chapter 52. 45 



An Act to supply the town of ware with water. (JllCip, 52 

Be it enacted, etc., as foUoics: 

Section 1. The town of Ware may su]:)ply itself and J^J;\'^;,^;'i;P'y 
its inhabitants with water for the extinguishment of fires ware. 
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. 

Section 2. The said town for the purposes aforesaid *;^"y^^,^,^^'''^'"^ 
may take, by purchase or otherwise, and hold the waters X'*'"'-';- west 
ot ^Iiiddy Brook with the streams and springs tributary uardwick. 
thereto, in the towns of Hardwick and Ware, and of 
Leonard's Brook and Marshe's Brook in the towns of West 
Brooktield and Ware, and 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 pait of said town of Ware ; 
and may erect on the land thus taken or held proper 
dams, buildings, fixtures and other structures, and may 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete 
and eflective water works, and may construct and lay May lay down 
down conduits, pipes and other works, under or over any d'Jiw."" 
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 
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 
after the taking of any lands, rights of way, water rights, LTry 'ofdeedri 
water sources or easements as aforesaid, otherwise than fi^eland^Ttc! 
by purchase, file and cause to be recorded in the registry 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. 



46 



1886. — Chapter 52. 



Damages. 



No application 
for assegsrueiit 
until water is 
actually taken. 



Ware Water 
Loan not to ex- 
ceed $100,000. 



Sinking fund. 



May make an- 
nual proportion- 
ate payments. 



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, 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 in- 
jury, 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 l)y 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 thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words Ware 
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 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, unless it avails itself of the pro- 
visions of section six, shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking fund, 
and shall annually contribute to such fund a sum suffi- 
cient, with the accumulations thereof, to pay the principal 
of said loan at maturity. The said sinking fund shall 
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- 



1S8G. — Chapter 52. 47 

tionate payments as will extinguish the same within the 
time })rescril)cd 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 of 
of chapter eleven of the Public Statutes shall state the Til^^funds/" ' 
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 tax- May raise by 
ation a sum which with the income derived from the nuuiiy euffldent 
water rates will be sufficient to pay the current annual expenseL'^ud'^ 
expenses of operating its water works, and the interest 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 9. The said town may purchase from the May purchase 

p -, . , • 1 • /• aqueduct now in 

owner ot any aqueduct or water pipes now used in fur- use. 
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. Whoever wilfully or wantonly corrupts. Penalty for poi- 
polhites or diverts any of the waters taken or held under ing"wat°er/^^'^ " 
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 11. The said town shall, after its acceptance Board of water 
of this act, at a legal meeting called for the purpose, tobreiectTr* 
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 



48 



1886. — Chapter 53. 



next 8ucceeclin"r annual town meetinsr, 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 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 re- 
mainder of the unexpired term by said town at any legal 
town meeting called for the purpose. 
Subject 10 ac- SECTION 12. This act shall take effect upon its accept- 

ceptance by a , . .i-i pji , r -i. 

two-tbirdt) vote, fuicc by a two-thirds vote ot the voters or 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 11, 1886. 



To be trustees 
of eiDking fund. 



Vacancies. 



Chap. 53 



Offence sub- 
stantially and 
formally set 
forlh to be 
BulEoifnt. 



Repeal of P. S. 
213, § 17, 1885, 
154. 



An Act respecting tue form of complaints in certain criminal 

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

Section 1. In any prosecution by complaint, indict- 
ment or otherwise, founded on a special act of the legisla- 
ture, an ordinance or by-law of a city or town, an order 
of the mayor and aldermen or rules of any public board of 
officers empowered to make rules and afKx penalties 
thereto for breach thereof, 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. 

Section 2. Section seventeen of chapter two hundred 
and thirteen of the Public Statutes and chapter one hun- 
dred and fort^'-four of the acts of the year eighteen hun- 
dred and eighty-five are hereby repealed. 

Section 3. This act shall take eft'ect upon its passage. 

Approved March 11, 1886. 



1886. — Chapters 54, 55. 49 

An Act to incorpokate theshaavme savings bank in sandwich. CllCip. 54 
Be it €7uictecU etc., as foUoios ; 

Section 1. George T. jNIcLaughlin, Samuel Fessen- shawmeSay. 
den, Frederic S. Pope, Isaiah T. Jones, Ezra T. Pope, salfdwtch.'/n- 
Willard E. Boyden, William A. Nye, Paul Wing, Joseph ^°'i?^'^'^<'- 
Wing, 2d, Bradford B. Briggs, Benjamin B. Abbe, Isaac 
X. Keith, James Shevlin and Harrison G. O. Ellis, their 
associates and successors, are hereby made a corporation 
bv the name of the Shawme Savinos Bank, to be located 
in the town of Sandwich, with all the powers and privi- 
leges and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force relatinoj to saving's banks and institu- 
tions for savino;s. 

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

Approved March 11^ 1886. 

An Act to incorporate the concord creamery company. (Jhav 55 
Be it enacted^ etc., as folloivs: 

Section 1. William H. Hunt, David G. Lang, Caleb ^ °"n ""^ ^J^ ^'"' 
H. Wheeler, Charles D. Tuttle and Frederic M. Dennie, incorporated.' 
their associates and successors, are hereby made a cor- 
poration by the name of the Concord Creamery Company, 
for the purpose of buying and selling milk and its products 
in Concord or elsewhere ; and for this purpose shall have 
all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in all general 
laws which now or hereafter may be in force relating to 
corporations, except as herein otherwise expressly pro- 
vided. 

Section 2. The capital stock of said corporation shall ^^Ig^^rer^ 
be six thousand dollars, divided into shares of twenty-five 
dollars each : provided, however, that said corporation 
shall not go into operation until three thousand dollars of 
its capital stock has been paid in. 

Section 3. No share of stock of said corporation shall stock for sale, 

1 1111 1 /• • 1 n n^ • , to be hrst 

be sold by the owner thereot without first ouering the offered to Btock. 
same to the stockholders through its treasurer, who shall the treasure""^ 
notify the stockholders that said stock is for sale, and if 
not purchased by any stockholder at the par value within 
fifteen days after it shall have been offered, the same 
may then be sold b}^ the owner in open market or other- 
wise. 



50 



1886. — Chapters 56,57. 



Subject to laws 
relating to milk. 



Section 4. This corporation shall be subject to all 
laws and regulations relating to the sale of milk, or as 
milk producers or venders of the same. 

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

Approved March 11. 1886. 



ChClT). 5Q An Act IN RELATION TO THE RETURNS OF ASSESSORS. 

Be it enacted, etc., as follows': 



Returns of 
assessors. 



Blank forms 
tables to be 
changed. 



of 



Section 1. Section fifty-four of chapter eleven of the 
Public Statutes is hereby amended by adding at the end 
of the fourth clause the following words : — specifying the 
value of buildings exclusive of land and of land exclusive 
of buildings, — and by adding at the close of said section 
the following clauses : — 

Nineteenth, The total number of tax-payers. 

Twentieth, The number of persons paying a tax on 
property. 

Twenty-first, The number of persons paying a poll tax 
only. 

Section 2. The blank forms of the tables of agfare- 
gates provided for by section fifty-two of said chapter shall 
be so changed as to include the items provided for by 
the foreo'oino; section. 

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

Ax)proved March 11,1886. 



Chap. 



Corporators. 



Powers and 
duties. 



Name. 



cjrr An Act to incorporate the union congregational church in 

PLAINVILLE IN THE TOWN OF WRENTHAM. 

Be it enacted, etc., as follows: 

Section 1. Thaddeus H. Shepardson. Lunas F. Men- 
dell, Albert N. White, Heiirie U. Wilson, Albert E. Bur- 
ton, Willis M. Fuller, George Mason, Fred E. Cheever, 
Edna F. Esleeck, Lois Withman, and all other members 
of the Union Cono:reofational Church in Plainville and their 
successors as members of said church, are hereby made a 
corporation with all the powers and privileges and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or hereafter may be in force 
applicable to religious societies. 

Section 2. Said corporation shall be called the Union 
Congreg-ational Church in Plainville. 



1886. — Chapters 58, 59. 51 

Sections. Said corporation may hold real and per- Reni and per. 
sonal estate to an amount not exceeding twenty-five thou- *°°^ 
sand dollars, for parochial and religious purposes. 

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

Approved March 11, 1886. 

An Act to change the name op the boylston mutual insurance QJirfr) 53 

COMPANY. 

Be it enacted, etc., asfoUoios: 

Section 1. The Boylston Mutual Insurance Company Name changed. 
may take and hereafter be known by the name of the 
Boylston Insurance Company. 

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

Approved March 11, 1886. 

An Act to incorporate the Montgomery light guard vet- ni^f.,^ 59 
eran assoclation. "' 

Be it enacted, etc., as follows: 

Section 1. Thomas F. Doherty, Michael H, Enwright, Montgomery 
Thomas F. Ferris, William A. Collins, Patrick A. Hart- ve^teran asso- 
nett, John J. Murphy, their associates and successors, are rated."' '°''°'^^°" 
hereby made a corporation by the name of the Mont- 
gomery Light Guard Veteran Association, having the 
privileges and subject to the duties and liabilities set forth 
in all general laws which now are or hereafter may be in 
fjrce relating to corporations. 

Section 2. The objects of this corporation shall be to object* of the 
afford pecuniary relief to aged, reduced and indigent •=°'"P'''*'''*»°- 
members, and to their widows and children, to preserve 
the traditions and customs of the above named corps, to 
promote its welfare and to continue and foster its friend- 
ships and associations. 

Section 3. The said corporation shall have power to May adopt con- 
adopt a constitution and by-laws, rules and regulations by-uiw.*" 
for the admission of members and their government, the 
election of officers and prescribing their duty, the sus- 
pending and expelling of members, and for the safe keep- 
ing of its property and funds, and from time to time to 
alter or repeal such constitution, by-laws, rules and regu- 
lations. 

Section 4. The said corporation shall have power to Real and per- 
hold real and personal estate to an amount not exceeding """^ ^**"'^' 
twenty-five thousand dollars. 



52 1886. — Chapters 60, 61. 

wfthBrdTlrms. Sections. The members of said corporation may pa- 
rade in public with side arms. 

Section 6. This act shall take effect upon its passage. 

Ap2Jroved March 12, 1886. 

Chcip. 60 ^'^ ^CT 'T^ PROVIDE FOR THE FUTURE MAINTENANCE OF THE BRIDGE 
OVER SENGEKONTACKET OPENING BETWEEN THE TOWNS OF ED- 
GARTOWN AND COTTAGE CITY. 

Be it enacted, etc., as follows: 
Edgartown and Section 1. The towHs of Edo;artown and Cottaore 

Cottage City to /-,. i i, . . -\ • ^ t • -i 

maintain bridge. Citj shall support, maiutam and repau' the bridge over 
Sengekontacket Opening between said towns, and the ex- 
pense of such support, maintenance and repair shall be 
borne equally by said towns. 

bo^nieTua?!^^ Section 2. Said towns shall be respectively liable 
under the limitations of law, for damages resulting from 
defects in said bridge, and all costs, damages and expen- 
ses sustained by either town on account thereof shall be 
borne equally by said towns. 

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

Approved March 12, 1886. 

Cliaiy 61 "^^ "^^^ ^^ AMEND THE ACT INCORPORATING THE WORCESTER 
^ SAFE DEPOSIT AND TRUST COMPANY. 

Be it enacted, etc., as foUoivs : 
Investment of SECTION 1. It shall be lawful foT the Worcester Safe 

capital stock t\ t rr\ /^ • • • ^ i -i 

and all moneys Dcposit aiid irust Compauy to invest its capital stock and 

intrusted to cor- ii • a j. j ^ •- • • t i •. 

poration. all moucys intrusted to it, or in any way received by it 

other than trust funds, in advances of money or credits on 
real and personal security, on terms that may be agreed 
upon ; but all funds held in trust shall be invested in the 
authorized loans of the United States, or any of the New 
England states or cities or towns of said states, and in the 
stock of national banks, or other banks organized in this 
Commonwealth ; in the first mortgage bonds of any rail- 
road company incorporated in the New England states, 
which has earned and paid regular dividends for two years 
next preceding such investment, or in the bonds of any 
such railroad company as is unincumbered by mortgage, 
or in the stock of any such railroad companies ; and the 
said corporation may make loans upon mortgages on real 
estate within this Commonwealth, or upon the notes of 
corporations created under the laws of any of the New 



1886. — Chapteks G2, 63. 53 

England states, and the notes of individuals Avitli a suffi- 
cient pledge as collateral of any of the aforesaid securities ; 
but all real estate acquired by foreclosure of mortgage, or 
by lev} of execution, shall be sold by public auction with- 
in two years after such foreclosure or levy. 

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

Ap2oroved March 12, 1886. 

An Act relating to the salary of the mayor of newbury- (JJicip, 62 

PORT. 

Be it enacted, etc., asfoHoius: 

Section 1. The mayor of the city of Newburyport salary of the 
shall receive a salary of not less than five hundred dollars ™''y°'"* 
nor more than twelve hundred dollars per annum, includ- 
ing the current year, to be fixed by the city council, 
anything contained in any other act to the contrary not- 
withstanding. 

Section 2. This act shall take effect upon its ac- subjpct to ac- 
ceptance by a majority of the legal voters of said city majorii|of 
voting thereon at a meeting legally called for that pur- ^°^*'^^- 
pose within sixty daj^s from its passage. 

Approved March 12, 1886. 

An Act in amendment of chapter fourteen of the public (JJiap, 63 
statutes and of chapter forty-five and chapter two 
hundred and thirty of the acts of the year eighteen 
hundred and eighty-four relating to the militia. 

Be it enacted, etc., as foUoivs: ^'^^ uvO,^ a f- c/ f^y/ f^ ^/.' 

Section 1. The twenty-sixth section of chapter four- inspector of 
teen of the Public Statutes is amended by striking out the " ^p*^^"'"®' 
words "and one assistant surgeon" and by inserting in 
place thereof the words : — one assistant surgeon and one 
inspector of rifle practice. 

Section 2. The one hundred and sixty-fourth section Ambulance and 
of chapter fourteen of the Public Statutes is amended by 
adding the words ; — ambulance and signal corps. 

Section 3. The first section of chapter forty-five of compensation 
the acts of the year eighteen hundred and eighty-four is careorp^op" 
amended by striking out all of said section after the word ^^''*^' 
" militia" and by inserting in place thereof the words : — '- 
fifty dollars ; to each signal corps commander twenty-five 
dollars, and to each ambulance corps commander fifteen 
dollars per annum, for the care of and responsibility for 
the military property of the Commonwealth in their charge. 



64 1886. — Chapters 64, 65, 66. 

Hghfaniir/ry. SECTION 4. The first section of chapter two hundred 
and thirty of the acts of the year eighteen hundred and 
eighty-four is amended by striking out the words *'of 
four guns each." 
^tfitorgen°e"rni Section 5. The third section of chapter two hundred 
of rifle practice, and thirty of the acts of the year eighteen hundred and 
and eighty-four is amended by striking out the words 
" and two aids-de-camp " and by inserting in place there- 
of the words : — two aids-de-camp and one assistant in- 
spector-general of rifle practice. 

Approved March 13, 1886. 

CJhciV' 64 -^^ ^^^ '^'^ AUTHORIZE POLICE COURTS TO ORDER THE DEFEND- 
ANT IN CIVIL CASES TO FILE AN ANSWER. 

Be it enacted, etc., as follows : 

JfendloT ^^ ^^' Police Courts may in all civil cases order the defendant 
to file an answer. Approved March 15, 1886. 

CllClV' ^^ ^^ ^^^ EXTENDING THE TIME FOR THE COMPLETION OF THE PUB- 
LIC PARK IN THE CITY OF BOSTON, KNOWN AS THE CHARLES 
RIVER EMBANKMENT. 

JSe it enacted, etc., as follows: 

Time extended SECTION 1. The time within which the board of the 
wall. ^^^^" park commissioners of the city of Boston may build the 
sea wall on the Boston side of the lower basin of Charles 
river, between Craigie's bridge and West Boston bridge, 
and may fill and fit up the grounds enclosed thereby for 
the purposes of a public park, as authorized by chapter 
ninety-two of the acts of the year eighteen hundred and 
eighty-one, and in accordance with the plans and specifi- 
cations for said work heretofore duly approved and 
licensed by the board of harbor and land commissioners, 
is hereby extended one year, to wit : to the sixteenth day 
of March in the year eighteen hundred and eightj'^-seven. 
Section 2. This act shall take efiect upon its passage. 

Approved March 15, 1886. 

CllClT). 66 ^^ ^^^ '^^ PROVIDE CLERICAL ASSISTANCE FOR THE STATE 

LIBRARY. 

Be it enacted, etc., as follows: 
Clerical aPsiBt- Section 1. The trustccs and librarian of the state 

ntice tor llie 

state library. library may cmploy, at au auuual expense not exceeding 
two thousand five hundred dollars, such assistance as may 
be necessary for the accommodation of visitors, for the 



1886. — Chapters 67, 68. 55 

protection and care of the library, and for the perform- 
ance of an}' service the librarian may rec[uire. 

Section 2. Section eighteen of chapter five of the Repeal. 
Public Statutes and chapter twenty-nine of the acts of the 
year eighteen hundred and eighty-two are hereby repealed. 

Approved March 15, 1886. 

An Act to amend the charter of the chicopee water com- njinj) 67 

PANY AND TO AUTHORIZE IT TO ISSUE BONDS AND MORTGAGE 
ITS FRANCHISE AND OTHER PROPERTY TO SECURE ITS BONDS. 

Be it enacted, etc., as folloios : 

Section 1. Section five of chapter one hundred and ^^*'''?'", 
three of the acts of the year eighteen hundred and seventy- 
seven is hereby amended so as to read as follows : — 
/Section 5. Said corporation for the purposes set forth Reai and per- 
in this act may hold real and personal estate not exceeding capltarstock 
in amount fifty thousand dollars in value, and the whole ^■^'^ «'^'»'"««- 
capital stock shall not exceed seventy-five thousand dol- 
lars, to be divided into shares of one hundred dollars 
each; and said corporation may issue bonds bearing in- May issue 

,,,,, -,. . . " bonds and 

terest at a rate not exceedmg six per centum per annum, secure by mort- 
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 efiect upon its passage. 

Approved March 15, 1886. 

An Act in relation to the assessment and registration of (JJkxj), 68 

WOMEN AS voters. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and Assessment or 
seventy-one of the acts of the year eighteen hundred and tlx?"^" "'^^'^ 
eighty-five is amended by inserting at the end of the 
seventh line immediately after the word "therein "the 
words : — and of all women who personally or in writing 
express to an assessor or assistant assessor a desire to be 
assessed for a poll tax, — so that said section when 
amended shall read as follows : — 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 



56 1886. — Chapter 69. 

be assessed for a poll tax, returned to them by the owners 
or occupants of such dwelling houses or buildings as re- 
siding therein, and of all women who personally or in 
writing express to an assessor or assistant assessor a de- 
sire to be assessed for a poll tax, together with their occu- 
pation 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 ensu- 
ing ; 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. 
i884'"298'T28° Section 2. Scctlon twcuty-eight of chapter two hun- 
dred and ninety-eight of the acts of the year eighteen 
hundred and eighty-four is amended by striking out all 
of said section after the word " election" in the seventh 
line thereof. 

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

Apjyroved March 16, 1S86. 

ChttV- 69 -^^ ^^^ ^^ RELATION TO LOANS BY SAVINGS BANKS AND INSTITU- 
TIONS FOR SAVINGS ON PERSONAL SECURITY. 

Be it enacted, etc., as follows : 
Investments by SECTION 1. Sectiou twcuty of chapter one hundred 

savings banks. t • j pi T-»iTf-i -ii iii 

and Sixteen ot the rublic Statutes is hereby amended by 
inserting after the word "payable" in the fourth line of 
the sixth clause of said section twenty, the words : — and 
to be paid, — so the same shall read : — If such deposits 
and income cannot be conveniently invested in the modes 
herein before prescribed, not exceeding one-third part 
thereof may be invested in bonds or other personal se- 
curities, payable and to be paid at a time not exceeding 
one year, with at least two sureties, if the principal and 
sureties are all citizens of this Commonwealth and resi- 
dent therein. 

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

Ap2yroved March 16, 1S86. 



1886. — Chapters 70, 71, 72, 73. 57 

An Act to authorize the Massachusetts baptist charitable CllCip. 70 

SOCIETY TO HOLD ADDITIONAL ItEAL AND PERSONAL ESTATE. 

Be it enacted^ etc., asfolloivs: 

SectiOxN 1. The Massachusetts Baptist Charitable So- f^-^f^i^^^^ft; 
ciety is hereby authorized to hold real and personal prop- '^^qq^q'^"""^ '^^ 
erty to the amount of one hundred thousand dollars ; and 
all income arising therefrom shall be applied exclusively 
to the purposes of said corporation. 

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

Approved March 16, 1886. 

An Act to authorize the Massachusetts universalist conven- Chap. 71 

TION to hold additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Universalist Conven- Real and per- 
tion is authorized to hold real and personal estate to an exceedfng 
amount not exceeding two hundred and fifty thousand ^'^°'^'^^- 
dollars, to be devoted exclusively to the diffusion of knowl- 
edge of Christianity by the means of publications, mission- 
ary la})ors or otherwise. 

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

Approved March 16, 1886. 

An Act to prohibit the sale or gift of tobacco to persons Chcijp. 72 

UNDER SIXTEEN YEARS OF AGE. 

Be it enacted, etc., as follows: 

Section 1. No person shall sell any cigarette, snuff or saie of tobacco 
tobacco in any of its forms to any person under sixteen si'x'teem"* '^°'^''' 
years of age. 

Section 2. No person other than the minor's parent Gift of tobacco 
or guardian shall give any cigarette, snuff or tobacco in 
any of its forms to any minor under sixteen years of age. 

Section 3. Any person violating any of the provisions penalty. 
of this act shall be punished by a fine not exceeding fifty 
dollars. Approved March 17, 1886. 

An Act to establish the polls and estates of the several QJiap, 73' 

CITIES and towns IN THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. The number of polls, the amount of prop- poiisandes- 
erty, and the tax of one thousand dollars, including polls *^^'''^' 
at one-tenth of a mill each, for each city and town in the 
several counties of the Commonwealth, as contained in 



58 



1886. — Chapter 73. 



Basis of appor- the schedule hereto annexed, are hereby established, and 
State and county shall constitute a basis of apportionment for state and 
taxes. county taxes during the decade ending in the year eight- 

een hundred and ninety-five or until another is made and 
enacted by the legislature, to wit : — 

Polls, Property, and Apportionment of State and County Tax of 

$1,000. 



Barnstable 
County. 



BARNSTABLE COUNTY. 









Tax of$l,000, 










TOWNS. 


Polls. 


Property. 


at one -tenth 
of a mill each. 


Barnstable, .... 


1,074 


$3,262,326 00 


$1 73 


Bourne, . 






391 


988,919 00 


63 


Brewster, 






242 


614,926 00 


33 


Chatham, 






573 


772,539 00 


44 


Dennis, . 






799 


1,436,351 00 


79 


Eastham, 






176 


• 239,590 00 


14 


Falmouth, 






683 


4,2.57,570 00 


2 18 


Harwich, 






827 


1,073,902 00 


62 


Mashpee, 






88 


131,761 00 


07 


Orleans, . 






337 


593,457 00 


33 


Provincetown, 






1,363 


2,174,354 00 


1 22 


Sandwich, 






532 


1,045,719 00 


57 


Truro, . 






262 


282,464 00 


17 


Wellfleet, 






478 


980,189 00 


53 


Yarmouth, 






505 


1,690,212 00 


89 


Total, 




• 


8,330 


$19,544,279 00 


$10 54 



Berkshire 
County. 



BERKSHIRE COUNTY. 



Adams, 


1,820 


$3,641,473 00 


$1 99 


Alford, . 






108 


267,074 00 


14 


Becket, . 






289 


388,701 00 


22 


Cheshire, 






351 


754,179 00 


41 


Clarksburg, . 






170 


186,836 00 


11 


Dalton, . 






459 


1,748,421 00 


91 


Egremont, 






240 


441,855 00 


24 


Florida, . 






142 


170,891 00 


10 


Great Barrington, 






1,204 


3,050,954 00 


1 64 


Hancock, 






168 


439,101 00 


23 


Hinsdale, 






405 


759,864 00 


42 


Lanesborough, 






296 


658,522 00 


31 


Lee, 






1,004 


2,096,156 00 


1 14 


Lenox, . 






537 

« 


1,662,691 00 


88 



1886. — Chapter 73. 



59 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
County. 









Tax of $1,000, 








iiiclud'grolU 


TOWNS. 


rolls. 


Troperty. 


at one- tenth 
of a mill each. 


Monterey, . . . . 


156 


$238,109 00 


$0 13 


Mount Washington, 




40 


104,504 00 


06 


New Asbfnrd, 




47 


80,651 00 


04 


New Marlborough, 




392 


640,585 00 


36 


North Adams, 




3,007 


5,2G0,266 00 


2 91 


Otis, 




189 


210,093 00 


12 


Peru, 






106 


119,065 00 


07 


Pittsfieid, 






3,760 


9,264,977 00 


4 98 


Richmond, 






207 


500,379 00 


27 


Sandistield, 






265 


386,299 00 


22 


SavoT, 






180 


183,363 00 


11 


Sheffield, 






530 


948,009 00 


52 


Stockbridge, 






535 


2,861,779 00 


1 47 


Tvringham, 






130 


236, .371 00 


13 


Washington, 






131 


200,494 00 


11 


West Stockbridge, . 




417 


740,235 00 


41 


Williamstown, 




771 


1,764,811 01) 


95 


Windsor, 




165 


210,153 00 


12 


Total, 




• 


18,221 


$40,116,861 00 


$21 72 



BRISTOL COUNTY. 



Bristol County. 



Acushnet, .... 


254 


$705,717 00 


$0 38 


Attleborough, 






2,937 


6,246,639 00 


3 40 


Berkley, . 






265 


457,532 00 


25 


Dartmouth, 








797 


2,303,455 00 


1 22 


Dightou, . 








450 


822,106 00 


45 


Easton, . 








1,039 


4,221,780 00 


2 20 


Fairhaven, 








753 


1,658,566 00 


90 


Fall River, 








14,066 


44,543,671 00 


23 53 


Freetown, 








390 


991, .321 00 


53 


Mansfield, 








735 


1,172,618 00 


66 


New Bedford, 








8,349 


34,583,227 00 


18 01 


Norton, . 








431 


819,967 00 


45 


Raynhara, 








393 


1,042,795 00 


56 


Rehoboth, 








477 


733,031 00 


41 


Seekonk, 








303 


715,675 00 


39 


Somerset, 








691 


1,270,647 00 


70 


Swanzey. 








362 


787,722 GO 


43 


Taunton, 








5,998 


17,542,206 00 


9 31 


Westport, 








656 


1,469,669 00 


80 


Total, 








39,346 


$122,088,344 00 


$64 58 



60 

Dukes County. 



Essex County. 



1886. — Chapter 73. 
dukes county. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, 
includ'g Polls 
at one-tenth 
of a mill each. 


Chilmark, .... 
Cottage City, 

Edgartown, .... 
Gay Head, .... 
Gosnold, .... 
Tisbury, .... 


156 
196 
360 
47 
30 
412 


i5240,204 00 

1,344,247 00 

809,518 00 

18,810 00 

183,660 00 

770,658 00 


$0 13 
69 
44 
01 
09 
42 


Total, .... 


1,201 


$3,367,097 00 


11 78 



ESSEX COUNTY. 



Amesbury, 

Andover, 

Beverly, . 

Boxford, . 

Bradford, 

Danvers, . 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, . 

Lawrence, 

Lynn, 

Lynn field, 

Manchester, 

Marblehead, 

Merrimac, 

Methuen, 

Middleton, 

Nahant, . 

Newlniry, 

Newburypoi't, 

North Andover, 

Peabody, 

Rock port, 

Rowley, . 

Salem, 

Salisbury, 

Saugus, . 

Swampscott, 

Topsfield, 

Wenhani, 

West Newbury, 

Total, 



1,136 

1,170 

2,533 
230 
841 

1,670 
459 
640 

5,196 
551 
223 

6,238 
946 

9,981 

13,278 

211 

479 

2,255 
711 

1,214 
248 
171 
405 

3,419 
946 

2,587 

1,013 
357 

7,365 

1,248 
723 
644 
301 
262 
548 



70,199 



$1,864,101 00 

5,375,010 00 

11,742,613 00 

659,779 00 

1,581,150 00 

3,773,632 00 

923,094 00 

1,050,396 00 

12,807,736 00 

899,251 00 

667,461 00 

14,935,319 00 

2,195,930 00 

27,521,575 00 

28,963,537 00 

560,126 00 

5,219,197 00 

4,545,825 00 

1,204,136 00 

2,945,364 00 

643,207 00 

6,256,765 00 

1,114,044 00 

8,523,113 00 

2,749,222 00 

7,191,322 00 

2,119,293 00 

568,216 00 

27,132,731 00 

2,487,068 00 

1,589,906 00 

3,828,128 00 

747,569 00 

526,263 00 

1,096,854 00 



$195,908,933 00 



$1 04 

2 79 

6 08 

35 

87 

2 04 

50 

59 

6 88 

50 

35 

8 04 

1 19 

14 66 

15 71 
30 

2 64 

2 48 
67 

1 58 
29 

3 12 
59 

4 57 
1 46 
3 83 
1 15 

32 
14 21 

1 36 
86 

1 97 
40 
29 
60 



$104 28 



1886. — Chapter 73. 



CI 



FRANKLIN COUNTY. 



Franklin 
Coiiniy. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at onc-tt'iith 
of a mill each. 


Ashfiel.1, 


303 


$464,742 00 


$0 26 


Bernardston, 








247 


477,181 00 


26 


Buckland, 








486 


613,085 00 


30 


Charlemont, 








285 


336,680 00 


20 


Colniiu, . 








395 


586,625 00 


33 


Conway, . 








387 


752,112 00 


41 


Deerfield, 








802 


1,272,248 00 


71 


Ervino;, . 








281 


325,910 CO 


19 


Gill, 








241 


449,011 00 


25 


Greenfield, 








1,288 


3,761,621 00 


2 00 


Hawley, . 








168 


149,435 00 


09 


Heath, . 








153 


165,803 00 


10 


Leverett, 








237 


290,004 00 


17 


Leyden, . 








108 


207,835 00 


11 


Monroe, . 








52 


42,826 00 


03 


Montague, 








1,400 


2,985,808 00 


1 62 


New Salem, 








232 


304,376 00 


17 


Northfield, 








435 


708,229 00 


40 


Orange, . 








1,148 


2,115,766 00 


1 17 


Rowe, 








180 


193,117 00 


11 


Shelburne, 








448 


871,421 00 


48 


Shutesbury, 








125 


148,377 00 


09 


Sunderland, 








208 


434,243 00 


24 


Warwick, 








186 


293,076 00 


16 


Wendell, 








149 


190,843 00 


11 


Whately, 








275 


481,142 00 


27 


Total, 






• 


10,219 


118,521,516 00 


$10 23 



HAMPDEN COUNTY. 



Agawam, .... 


609 


$1,311,445 00 


$0 71 


Blandford, 








245 


357,791 00 


20 


Brimfield, 








314 


514,774 00 


29 


Chester, . 








400 


507,968 00 


29 


Chicopee, 








2,279 


6,004,503 00 


3 21 


Granville, 








325 


353,359 00 


21 


Hampden, 








239 


408,389 00 


23 


Holland, . 








54 


113,863 00 


06 


Holyoke, 








6,451 


16,921,471 00 


9 05 


Longmeadow, 








512 


1,175,530 00 


64 


Ludlow, . 








348 


780,070 00 


42 


Monson, . 








834 


1,643,669 00 


90 


Montgomeiy, 








84 


132,419 00 


07 


Palmer, . 








1,3.50 


2,621,839 00 


1 44 


Russell, . 








202 


468,086 00 


25 



Hampden 
County. 



62 



1886. — Chapter 73. 



Hampden 
County. 



HAMPDEN COUNTY — Concluded. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one-tenth 
of a mill each. 


Southwick, .... 


273 


1597,736 00 


$0 32 


Springtield, 






10,208 


40,500,082 00 


21 13 


Tolland, . 






107 


171,027 00 


10 


Wales, . 






235 


285,165 00 


17 


West Springfield, 






1,151 


3,,355,307 00 


1 78 


Westfield, 






2,310 


6,768,877 00 


3 59 


Wilbraham, . 






388 


728,570 00 


40 


Total, 






28,918 


185,721,940 00 


$45 46 



Hampshire 
County. 



HAMPSHIRE COUNTY. 



Amherst, .... 


1,008 


$2,868,739 00 


$1 53 


Belehertown, . 






556 


923,753 00 


51 


Chesterfield, . 






207 


298,477 00 


17 


CuramingtoD, . 






208 


315,043 00 


18 


Easthanipton, . 






859 


2,527,495 00 


1 34 


Enfield, . 






290 


734,794 00 


39 


Goshen, . 






88 


134.383 00 


08 


Granby, . 






206 


484,192 00 


26 


Greenwich, 






155 


354,286 00 


19 


Hadley, . 






481 


1,197,678 00 


64 


Hatfield, . 






371 


1,019,443 00 


54 


Huntington, . 






326 


483,214 00 


27 


Middlefield, . 






126 


330,479 00 


18 


Northampton, 






2,945 


9,085,134 00 


4 81 


Pelham, . 






144 


164,668 00 


10 


Plainfield, 






136 


148,796 00 


09 


Prescott, . 






133 


178,097 00 


10 


South Hadley, 






928 


1,789,051 00 


98 


Southampton, . 






268 


499,883 00 


28 


Ware, 






1,372 


3,217,297 00 


1 73 


Westhampton, 






129 


280,963 00 


15 


Williamsburg, 






518 


950,078 00 


52 


Worthington, . 






221 


327,223 00 


18 


Total, 




• 


11,676 


$28,313,166 00 


$15 22 



Middlesex 
County. 



MIDDLESEX COUNTY. 



Acton, 


642 


$1,372,254 00 


$0 74 


Arlington, 








1,256 


5,136,780 00 


2 68 


Ashbv, . 








270 


481,079 00 


27 


Ashland, 








706 


1,370,165 00 


76 


Ayer, 








618 


1,209,608 00 


66 


Bedford, . 








255 


851,155 00 


45 


Belmont,. 








454 


3,444,399 00 


1 76 


Billerica, 








522 


1,835,481 00 


96 



1886. — Chapter 73. 



63 



MIDDLESEX COUNTY — Concluded. 



Middlesex 
County. 



Boxborougli, 

Burlington, 

Cambridge, 

Carlisle, . 

Chelmsford, 

Concord, 

Dracut, . 

Dunstable, 

Everett, . 

Framingham, 

Groton, . 

Holliston, 

Hopkinton, 

Hudson, . 

Lexington, 

Lincoln, . 

Littleton, 

Lowell, . 

Maiden, . 

Marlborough, 

Maynard, 

Medford, 

Melrose, 

Natick, . 

Newton, 

North Readin; 

Pepperell, 

Reading, 

Sherborn, 

Shirley, . 

Somerville, 

Stoneham, 

Stow, 

Sudbury, 

Tewksbury, 

Townsend, 

Tyngsborougl 

Wakefield, 

Waltham, 

Watertown, 

Wayland, 

Westford, 

Weston, . 

Wilmington, 

Winchester, 

Wo burn, 

Total, 



108 

179 

16,033 

162 

659 

905 

428 

134 

1,578 

2,164 

542 

830 

1,106 

1,157 

764 

284 

294 

15,747 

4,436 

2,904 

686 

2,409 

1,772 

2,225 

4,984 

232 

815 

895 

321 

310 

7,812 

1.615 

286 

.846 

415 

510 

175 

1,667 

3,841 

1,706 

555 

527 

429 

286 

1,066 

3,358 

94,280 



Troperty. 



$260,091 00 

486,844 00 
59,523,263 00 

397,260 00 
1,721,680 00 
3,595,461 00 
1,223,957 00 

332,302 00 
5,406,319 00 
6,617,694 00 
3,138,426 00 
1,757,973 00 
2,200,238 00 
2,102,480 00 
3,015,773 00 
1,291,173 00 

818,633 00 
54,356,503 00 
14,019,929 00 
4,435,327 00 
2,013,574 00 
8,850,278 00 
4,920,673 00 

5.140.735 00 
32,349,754 00 

500,894 00 

, 1,497,561 00 

2,431,283 00 

874,009 00 

734,134 00 
25,395,291 00 
3,198,070 00 
1,035,833 00 
1,109,347 00 
1,376,782 00 
1,051,323 00 

363,736 00 
4,027,866 00 
11,538,861 00 
7,007,681 00 
1,298,326 00 
1,131,069 00 
2,431,035 00 

570,700 00 

4.474.736 00 
8,186,121 00 



$315,911,919 00 



Tax of $1,000, 
includ'g Polls 
at one-tenth 
ofa mill each. 



$0 14 
26 

31 16 
21 
92 



65 
18 
84 
50 
61 
96 
20 
16 
57 
67 
44 
57 
41 
49 
07 
64 
62 
78 



16 56 
27 
83 
1 30 
47 
40 

13 39 

1 75 
54 
59 
73 
57 
20 

2 17 
6 11 



3 65 
70 
61 

1 25 
31 

2 33 

4 40 



$166 33 



64 



Nantucket 
County. 



1886. — Chapter 73. 
nantucket county. 



Norfolk County. 



TOWNS. 


Polls. 


Propert}-. 


Tax of $1,000, 

' includ'g Polls 

at one-tenth 

1 ofa mill each. 


Nantucket, .... 


916 


$2,941,598 GO 


$1 55 


NORFOLK COUNTY. 



Bellingham, 

Brain tree, 

Brookline, 

Canton, . 

Cohasset, 

Dedham, 

Dover, . 

Foxborough, 

Franklin, 

Holbrook, 

Hyde Park, 

Med field, 

Medway, 

Millis, . 

Milton, . 

Needham, 

Norfolk, 

Norwood, 

Quincy, . 

Randolph, 

Sharon, . 

Stoughton, 

Walpole, 

Wellesley, 

Weymouth, 

Wrentham, 

Total, 



312 

1,132 

2,349 

1,140 

698 

1,607 

184 

682 

926 

691 

2,073 

405 

734 

205 

865 

746 

202 

880 

3,573 

1,155 

385 

1,542 

685 

662 

3,033 

707 

27,473 



$573,652 00 
3,285,764 00 
34,913,391 00 
3,739,938 00 
3,629,406 00 

5.719.574 00 
777,986 00 

1,528,244 00 
2,062,917 00 
1,421,917 00 
5,319,679 00 
1,165,412 00 
1,394,308 00 

448,290 00 

13,905,895 00 

1,951,731 00 

410,426 00 
2,106,622 00 
8,926,734 00 

2.387.575 00 
1,220,830 00 
2,348,443 00 
1,627,458 00 
4,851,640 00 
6,084,087 00 
1,385,255 00 



$113,187,174 00 



$0 32 
1 75 

17 57 
1 97 
1 86 

3 00 
40 
83 

1 12^ 
78 

2 85 
62 
77 
24 

6 99 

1 04 

22 

1 m 

4 79 
1 30 

64 
1 32 



2 48 

3 32 
76 

158 95 



Plymouth 
County. 



PLYMOUTH COUNTY. 



Abington, .... 


1,131 


11,985,366 00 


$1 10 


Bridgewater, . 








1,004 


2,450,452 00 


1 32 


Brockton, 








5,965 


13,024,927 00 


7 06 


Carver, . 








228 


670,729 00 


36 


Dux bury. 








536 


1,410,710 00 


75 


East Bridgewater, 








793 


1,596,545 00 


87 


Halifax, . 








154 


249,870 00 


14 


Hanover, 
Hanson, . 








526 
360 


1,268,542 00 
614,008 00 


68 
34 



1886. — Chapter 73. 



65 



PLYMOUTH COUNTY— Concluded. 



Plymouth 
CJuuty. 



TOWNS. 



Hingham, 
Hull, 

Kingston, 

Liikeville, 

]\hirion, . 

Marshtield, 

]Matt:ipoisett, 

Middlcborough, 

Pembroke, 

Plymouth, 

Plymplon, 

Rt)chester, 

Rockland, 

Sc-ituate, . 

South Abington, 

South Scituate, 

Warehani, 

West Bridgewater, 

Total, 



1,169 
176 
472 
274 
225 
491 
321 

1,527 
401 

1,943 
183 
236 

1,362 
621 

1,152 
442 
656 
477 



22,825 



Property. 



$3,748,228 00 

2,164,217 00 

2,068,535 00 

509,730 00 

987,407 00 

1,140,532 00 

1,559,023 00 

3,010,206 00 

643,538 00 

5,1 .S5, 288 00 

293,162 00 

485,722 00 

2,423,673 00 

1,501,144 00 

2,773,673 00 

1,142,428 00 

1,6( 0,204 00 

1,010,457 00 



$55,468,316 00 



Tax of $1,000, 
includ'g Polls 
at one-tenth 
of a mill each. 



98 
09 
07 
28 
51 
62 
81 
65 
36 
74 
16 
26 
34 
81 
49 
61 
86 
55 



$29 81 



SUFFOLK COUNTY. 



Boston, 

Chel.sea, 

Revere, 

Winthrop, .... 


112,104 

6,884 

1,017 

400 


$723,707,148 00 

18,761,079 00 

3,422,960 00 

2,234,939 00 


$370 58 

10 00 

1 80 

1 15 


Total, .... 


120,405 


$748,126,126 00 


$383 53 



Suffolk County. 



WORCESTER COUNTY. 



Ashburnham, .... 


503 


$989,439 00 


$0 54 


Athol, 








1,305 


2,613,312 00 


1 43 


Auburn, . 








295 


497,835 00 


28 


Barre, 








• 578 


1,462,114 00 


78 


Berlin, . 








254 


492,106 00 


27 


Blackstone, 








1,377 


2,343,062 00 


1 30 


Bolton, . 








255 


517,267 00 


28 


Boylston, 








187 


499,884 00 


27 


Brookfield, 








890 


1,287,611 00 


73 


Charlton, 








555 


982,445 00 


64 


Clinton, . 








1,957 


5,329,252 00 


2 84 


Dana, 








199 


293,473 00 


17 



Worcester 
County. 



66 



1886. — Chapter 73. 



Worcester 
County. 


WORCESTER 


COUNTY 


— Concluded. 












Tax of $1,000, 




TOA^'NS. 


Polls. 


Property. 


includ'g Polls 
at one-temh 
of a mill eacli. 




Douglas, 


697 


$1,034,050 00 


$0 67 




Dudley, . 








670 


960,290 00 


63 




Fitchbui-g, 








4,561 


13,011,878 00 


6 92 




Gardner, . 








2,248 


3,407,018 00 


1 92 




Grafton, . 








1,208 


2,354,744 00 


1 29 




Hard wick, 








836 


1,333,258 00 


75 




Harvard, . 








341 


1,071,965 00 


57 




Holden, . 








637 


1,006,357 00 


56 




Hubbardston, 








409 


735,259 00 


41 




Lancaster, 








475 


2,875,760 00 


1 48 




Leicester, 








761 


2,016,872 00 


1 08 




Leominster, 








1,6-27 


4,050,835 00 


2 17 




Lunenburg, 








304 


699,525 00 


38 




Mendon, . 








266 


604,033 00 


33 




Millord, . 








2,500 


6,711,261 00 


3 09 




INIillbury, 








1,117 


2,184,045 00 


1 20 




New Brainti'ee, 






162 


436,472 00 


23 




North Brookfield, 






1,177 


1,919,273 00 


1 07 




North borough, 






498 


1,193,603 00 


64 




Northbridge, . 






1,030 


2,969,979 00 


1 68 




Oakham, . 








213 


343,443 00 


19 




Oxford, . 








683 


1,394,456 00 


76 




Paxton, . 








157 


278,636 00 


15 




Petersham, 








287 


689,769 00 


82 




Phillipston, 








163 


274,632 00 


15 




Princeton, 








314 


875,809 00 


47 




Royalston, 








340 


809,311 00 


44 




Rutland, . 








256 


464,099 00 


26 




Shrewsbury, 








429 


1,042,445 00 


56 




South borough, 








565 


1,560,838 00 


83 




Southbridge, 








1,511 


3,331,140 00 


1 81 




Spencer, . 








1,957 


4,216,985 00 


2 29 




St-erling, . 








370 


942,752 00 


61 




Sturbridge, 








499 


984,082 00 


64 




Sutton, . 








709 


1,289,235 00 


71 




Templeton, 








778 


1,207,125 00 


68 




Upton, . 








630 


880,247 00 


49 




Uxbridge, 








776 


2,060,577 00 


1 10 




Warren, . 








1,096 


2,373,757 00 


1 29 




Webster, 








1,528 


2,602,576 00 


1 46 




West Boylston, 






621 


1,173,443 00 


64 




West Brookfield, 






486 


844,956 00 


47 




Westborough, 






1,202 


2,667.027 00 


1 44 




Westminster, . 






447 


806,677 00 


44 




Winchendon, . 






1,147 


2,057,308 00 


1 14 




Worcester, 






18,707 


58,043,906 00 


30 69 




Total, 








65,438 


$159,997,408 00 


$86 02 



1886. — Chapter 74. 



G7 



RECAPITULATION BY COUNTIES. 



Recapitulation. 









Tax of $1,000, 








iiicluil'gl'oUa 


TOWNS. 


Polls. 


Property. 


at one-tenth 
ofa mill each. 


B.'irn stable, .... 


8,830 


$19,544,279 00 


110 54 


Berkshire, 










18,221 


40,116,861 00 


21 72 


Bristol, . 










39,346 


122,088,344 00 


64 68 


Dukes, 










1,201 


3,367,097 00 


1 78 


Essex, 










70,199 


195,908,933 00 


104 28 


Franklin, 










10,219 


18,521,516 00 


10 23 


Hampden, 










28,918 


85,721,940 00 


45 46 


Hampshire, 










11,675 


28,313,166 00 


15 22 


Middlesex, 










94,280 


315,911,919 00 


166 33 


Nantucket, 










916 


2,941,598 00 


1 55 


Norfolk, . 










27,473 


113,187,174 00 


58 95 


Plymouth, 










22,825 


55,468,316 00 


29 81 


Suffolk, . 










120,405 


748,126,126 00 


383 63 


Worcester, 










65,438 


159,997,408 00 


86 02 


Total, 










519,446 


$1,909,214,677 00 


$1,000 00 



Section 2. This act shall take effect upon its pass- 
age. Ap2}roved March 17, 1886. 



Chap. 74 



An Act to establish the number of medical examiners and 
the districts of the same in the county of plymouth. 

Be it enacted, etc., as follows: 

So much of section two of chapter twenty-six of the Medical ex. 
Public Statutes as relates to the county of Plymouth is 
hereby amended so as to read : — For the county of 
Plymouth, five examiners, being one in each of the five 
districts into which said county is divided for said pur- 
pose ; namely, district one, composed of the city of Districts. 
Brockton and the towns of West Bridgewater, East 
Bridgewater, Bridgewater and South Abington ; district 
two, of the towns of Abington, Rockland, Hanover, 
Hanson, South Scituate and Pembroke ; district three, 
of the towns of Plymouth, Halifax, Kingston, Plympton 
and Duxbury ; district four, of the towns of Middle- 
borough, Wareham, Mattapoisett, Carver, Rochester, 
Lakeville and Marion ; and district five, of the towns of 
Hingham, Hull, Scituate and Marshfield. 

Approved March 17, 1886. 



6S 



1886. — Chapter 75. 



CJlCip. 75 ^N ^^'^ "^^ AMEND THE CHARTER OF THE SPRINGFIELD SAFE 

DEPOSIT AND TRUST COMPANY. 



Mmv be ap- 
poiuted trustee. 



Sociiiity for 
faithful dig- 
chaitfe of duties. 



Proviso. 



Money held by 
it as trustee to 
be invented in 
general trust 
tui.d. 
Provisos. 



Money, etc.. 
h< Id under this 
act not to be 
mingled witli 
capital stock. 



Be it enacted, etc., asfollovjs: 

Section 1. The Springfield Safe Deposit and Trust 
Company may be appointed trustee under any will or 
instrument creating a trust for the care and management 
of property, under the same circumstances, in the same 
manner, and subject to the same control by the court 
having jurisdiction of the same, as in the case of a legally 
qualified person. The capital stock of said corporation, 
with the liabilities of the stockholders existing; therf- 
under, shall be held as security for the faithful discharge 
of the duties undertaken by virtue of this act, and no 
surety shall be required upon the bonds filed by said 
corporation. In all proceedings in the probate court or 
elsewhere, connected with any authority exercised under 
this act, all accounts, returns and other papers may be 
signed and sworn to, in behalf of the corporation, by any 
officer thereof duly authorized by it ; and the answers 
and examinations, under oath, of such officer, shall be 
received as the answers and examinations of the corpo- 
ration, and the court may order and compel any and all 
officers of said corporation to answer and attend said 
examinations in the same manner as if they were parties 
to the proceedings or inquiry instead of the corporation : 
provided, however, that said corporation shall not be 
required to receive or hold any property or moneys or to 
execute any trust contrary to its own desire. 

Section 2. In the management of money and property 
held by it as trustee under the powers conferred in the 
foregoing section, said corporation shall invest the same 
in the general trust fund of the company : provided, that 
it shall be competent for the authority making the 
jippointment to direct, upon the conferring of the same, 
whether such money and property shall be held separately 
or invested in the general trust fund of the company ; 
and jjrovided, ali^o, that said corporation shall always be 
bound to folloAV and be entirely governed by all directions 
contained in any will or instrument under which it may act. 

Section 3. No money, property or securities received 
or held by said company under the provisions of this act, 
shall be mingled with the investments of the capital stock, 
or other moneys or property belonging to said corpora- 
tion, or be liable for the debts or obligations thereof. 



1886. — CiiArTER 76. 69 

Section 4, The returns of said corporation required ^f*"io"n''(.r8of™" 
to be made to the commissioners of savings banks, shall «.ivini,'9barikMo 

1 • 1 c c -111 ^- 11 1111 "^'" form of a 

be in the torm ot a trial balance or its books, and shall tnai balance of 
specify the different kinds of its liabilities and the differ- 
ent kinds of its assets, stating the amount of each kind, 
in accordance with a blank form to be furnished by said 
commissioners, and these returns shall be published in a 
newspaper of the city of Springfield, at the expense of 
said corporation, and in the annual report of said commis- 
sioners. 

Section 5. This act shall take effect upon its accept- Acceptancpof 
ance by said corporation, which acceptance, with the date ftecUotbi-l-crp- 
thereof, shall within ten days thereafter be certified by monweLuV/ "" 
the president to the secretary of the Commonwealth. 

Approved March 18, 1886. 



Chap. 76 



An Act relating to the authority of towns to grant and 
vote money for certain memorial purposes. 

Be it enacted, etc., asfoHoivs: 

Section 1. Section ten of chapter twenty-seven of'^'^"" ™''y . , 

I .J grant ninncv ini 

the Public Statutes is hereby amended by striking out certain numo- 

/» ji 1 • 1 i • ?, • 1 1 rial purposes. 

atter the words " repair or decorating in the seventeenth 
and eighteenth lines thereof, the word "the"; and by 
striking out after the words " or other memorials" in the 
eighteenth line thereof, the words "within their limits ", 
so that that part of said section relating to the authority 
of towns to grant and vote money for memorial purposes 
shall read as follows : — For erecting headstones or other 
monuments at the graves of persons who, accredited to 
their respective quotas, served in the military or naval 
service of the United States in the war of the rebellion ; 
erecting monuments in memory of their soldiers who 
died in the service of the country in said war ; and for 
keeping in repair or decorating graves, monuments or 
other memorials erected to the memory of soldiers or 
sailors who have died in the military or naval service of 
the United States. 

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

Approved March 18, 1886. 



70 1886. — Chapters 77, 78, 79. 

CllCip. 77 -^^ -'^CT TO EXTEND THE TIME "WITHIN WHICH SAVINGS BANKS 
AND INSTITUTIONS FOR SAVINGS MAY SELL CERTAIN REAL ESTATE 
NOW HELD BY THEM. 

Be it enacted^ etc., asfolloivs: 

^^"gtue^ofcer-^ Aiij saviiigs bank or institution for savings incorpo- 
b*'" Tvin T''"^ rated under the authority of this Commonwealth may sell 
banks. auy real estate now held by it, which has been acquired 

by the foreclosure of any mortgage ow^ned by it, or by 
purchase at sales made under the provisions of any such 
mortgage, or upon judgments for debts due it or in settle- 
ments effected to secure such debts, at any time before the 
first day of July in the year eighteen hundred and eighty- 
Proviso, eight : j)^^'"^^^^^^ however, that the commissioners of 
savings banks may, upon the petition of the board of 
investment of any savings bank or institution for savings, 
and for good cause shown, grant an additional time ; not- 
withstanding any limit provided by the eighth clause of 
section twenty of chapter one hundred and sixteen of the 
Public Statutes, section one of chapter two hundred of 
the acts of the year eighteen hundred and eighty-two, 
and chapter fifty-two of the acts of the year eighteen 
hundred and eightj^-three. Approved March 18, 1886, 



(JllCip. 78 ^^ -^^"^ ^^ RELATION TO NOTICES OF CHANGES IN WARDS AND 

VOTING PRECINCTS IN CITIES. 

Be it enacted, etc., as follows: 
Notice to be sent Section 1. Whenever a change is made in the wards 

to the secretary . . . . ~. 

of the Common, or votiHg prccincts oi a City, the city clerk thereof shall 
fh'a''rges'in Immediately thereafter make a return to the secretary of 
voli^ng peaces in the Commouwcalth stating the number of wards, and 
cities. giving the designation of each and every voting precinct 

in said city. 

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

Approved March 18, 1886. 

CllCin. 79 ^^ ^^"^ '^^ CHANGE THE NAME OF THE NEW ENGLAND AID 
SOCIETY FOR THE AGED AND FRIENDLESS. 

Be it enacted, etc., asfolloius: 
Name changed. Section 1. The Ncw England Aid Society for the 
Aged and Friendless, a corporation established under the 
general laws of the Commonwealth, shall hereafter be 
known as the Home for Aged Couples. 

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

Approved March 18, 1886. 



1886. — Chapters 80, 81, 82. 71 

An Act to authorize toe city of ciielsea to lay out and (JJidp^ 80 

MAINTAIN A PUBLIC PARK. 

Be it enacted, etc., as follows: 

Skction 1. The city of Chelsea by its city council ^afnlK^Jb^ 
m:iy, at any time within three years after the passage of ncpark. 
this act, lay out and maintain a public park, in that part 
of said city called Prattville, on land now owned by the 
said city, bounded northerly by Warren Street, southerly 
by Hancock Street, easterly by Washington Avenue and 
westerly by Franklin Street. 

Section 2. The said city, within sixty days after it oeHcription of 

,. •, ,1 . 1 -i' 'J 'lie land to be 

votes to appropriate money to lay out and maintain said filed in the regia- 
park, shall file in the registry of deeds for the county of ""y"^*^^^'^^- 
Suffolk a description of the land, sufficiently accurate for 
identification. 

Section 3. No money shall be appropriated at any Money may be 
time for the laying out or maintaining of said park, ex- upon°rtwo''-'^ 
cept upon a two-thirds vote of each branch of the city t'^^dsvote. 
council, taken by yea and nay. 

Section 4. This act shall not take effect unless ac- subject to ac- 
cepted by said city of Chelsea, upon a majority vote of city'^coundl. 
each branch of the city council, taken by yea and nay. 

Approved March IS, 1886. 

An Act to amend the charter of the Massachusetts new (^iffj^t 81 
CHURCH union. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The Massachusetts New Church Union Additional reai 
may hold real and personal property, for the purposes estate!"""** 
provided in their act of incorporation, in addition to their 
library, to an amount not exceeding two hundred and. 
fifty thousand dollars. 

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

Approved March 18, 1886. 

An Act authorizing bakers to make sales during certain ni^riY) 9S> 

HOURS of the lord's DAY. ^ ' 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter ninety-eight of Bakers may 
the Public Statutes is amended by adding at the end during certaia 
thereof the following: — provided, however, that this sec- LordVday? 
tion shall not apply to sales by bakers, between the hours 
of six and ten o'clock in the forenoon and four and half- 



72 1886. — Chapters 83, 84, 85. 

past six o'clock in the afternoon, of bread and other arti- 
cles of food usually dealt in by them. 

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

Approved March 18, 1886. 

CJllCip. 83 An Act authorizing a new division of the wards of the 

CITY of LYNN. 

Be it enacted, etc., as follows : 
New division Section 1. The citv of Lynn may, durino- the year 

of wards author- . j • i i. • i i. r •*. -i. 

ized. eighteen hundred and eighty-six, by vote ot its city 

council, make a new division of its wards according to 
the provisions of section fourteen of chapter twenty- 
eight of the Public Statutes. 

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

Approved March 18, 1886. 

Chap. 84 An Act to change the name of the knitted carpet lining 

COMPANY. 

Be it enacted, etc., asfoUoivs: 
Name changed. Section 1. The name of the Knitted Carpet Lining 
Company, a corporation organized under the general laws 
of the Commonwealth, is hereby changed to Knitted 
Mattress Company. 

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

Approved March 18, 1886. 

Chap. 85 An Act giving additional time for the assessment of taxes 

in certain cases. 
Be it enacted, etc., as follows: 
Additional time Scctiou seventv-cisfht of chapter eleven of the Public 

for asaessment _, . t " t i -i • • p i i 

of taxes in Statutcs IS hcrcby amended by inserting alter the wcn-d 
" town" in the iirst line, the words : — after their rate- of 
taxation has been declared and whether before or, — and 
by inserting in the place of the word "September" in 
the eleventh line the word : — December, — so that said 
section as amended shall read as follows : — Section 78. 
When the assessors of any city or town after their rate of 
taxation has been declared and whether before or after 
their warrant has been committed to the collector, dis- 
cover that the real or personal estate of any person, to 
an amount not less than one hundred dollars and liable to 
taxation, has been omitted from the last annual assess- 
ment of taxes in such city or town, said assessors shall 



certain cases. 



1886. — Chapters 86, 87. 73 

proceed forthwith to assess such f)erson for such estate in 
like manner as he shoukl have been assessed in such last 
annual assessment. The taxes so assessed shall be en- 
tered in the tax list of the collector of the city or town, 
and he shall collect and pay over the same in the manner 
specified in his warrant : provided, that such tax shall not Proviso. 
be assessed after the fifteenth day of December. No tax 
shall be invalidated for the reason that, in consequence of 
the provisions of this section, the whole amount of the 
taxes assessed in a city or town exceed the amount author- 
ized by law to be raised. Approved March 22^ 1886. 

An Act to puoviue for the keuemption of lands set off on (Jfififf gg 

EXECUTION. 

Be it enacted, etc. , as follows : 

Section 1. Section forty-nine of chapter one hundred Redemption of 

1 n T-» 1 I- c^ • 111 lands Set off on 

and seventy- two ot the rublic statutes is amended by execution. 
inserting immediately after the word "when" in the 
seventh line, the words : — set oif or, — so as to read as 
follows : — Section 49. When an execution is levied on 
lands or rights, the record title to which fraudulently 
stands in the name of a person other than the debtor, and 
such other person is in possession claiming title thereto, 
the levy shall be void unless the judgment creditor to 
whom the land is set off, or the purchaser at the sale, as 
the case may be, commences his suit to recover possession 
thereof within one year after the return day of the execu- 
tion ; and such lands or rights when set off or sold on 
execution, may be redeemed by the defendant in said suit, 
or by any person lawfully claiming under him, within 
three months from the date of the judgment recovered in 
said suit for possession, in the manner and according to 
the terms and conditions prescribed in section thirty-two, 
on paying the costs in such suit for possession. 

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

Approved March 22, 1886. 

An Act to provide for the weekly payment of wages by /^/.^^^ 07 

corporations. ^ ' 

Be it enacted, etc., as follows: j^O /'6r9'^<^J?^^ 

Section 1 . Every manufacturing, mining or quarrying, wages to be 
mercantile, railroad, street railway, telegraph, telephone corpoTatiolfa.^'^ 
and municipal corporation and every incorporated express 
company and water company shall pay weekly each and 



74 1886. — Chapter 88. 

every employee engaged in its business the wages earned 
by such employee to within six days of the date of said 
Proviso. payment : provided, however, that if at any time of pay- 

ment any employee shall be absent from his regular place 
of labor he shall be entitled to said payment at any time 
thereafter upon demand. 
Penalty. Section 2. Any corporation violating any of the pro- 

visions of this act shall be punished by a fine not exceed- 
ing fifty and not less than ten dollars on each complaint 
Proviso. under which it is convicted : provided, complaint for such 

violation is made within thirty days from the date thereof. 
^.u'irToa" ear Section 3. Whcu a Corporation against which a corn- 
to be defaulted, plaint is made under this act fails to appear after being 



etc 



duly served with process, its default shall be recorded, 
the allegations in the complaint taken to be true, and 
judgment shall be rendered accordingly. 
wnrrnntofdis- SECTION 4. Whcu iudo;ment is rendered upon any such 

tr'ss for penalty !•, •, '' ~ . , ' ^ . 

a.1.1 costs may complaiut against a corporation, the court may issue a 
c issue . warrant of distress to compel the payment of the penalty 

prescribed by law, together with costs and interest. 
juiyTisfe.'" Section 5. This act shall take eflect upon the first day 
of July in the year eighteen hundred and eighty-six. 

Approved March 22, 18S6. 

(JJiap. 88 ^^ ^^"^ TO ENABLE THE HINGHAM WATER COMPANY TO INCREASE ITS 

WATEK SUPPLY. 

Be it enacted, etc., as follows: 
May increase SECTION 1. The Hins^ham Water Company, a corpo- 

water supply. , , ^ i»/'^i 

ration established under chapter one hundred and thirty- 
nine of the acts of the year eighteen hundred and 
seventy-nine, for the purpose of increasing the capacity 
and efficiency of its water works and for the purposes set 
forth in said act and the acts in addition thereto, may take 
by purchase or otherwise and hold the waters of any pond, 
stream or other water source within the limits of the town 
of Hinofham and the water rigflits connected therewith, and 
convey the same into and through the same territory and 
in the same manner as it is now authorized to do with the 
waters of Accord pond ; and may take by purchase or 
May take lands, othcrwisc aud hold all lands, rights of way and easements, 
TndelsiiSs. necessary for holding, preserving and conveying such 
water ; 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 



1886. — Chapter 88. 75 

and provide such other means and appliances as may he 
necessary for the maintenance of more complete and 
effective water works ; and for distrihuting said waters 
mav construct and lay down conduits, pipes and other May construct 

•-, , "^TT ^ * '11 anil lay down 

works, under or over any lands, water courses, railroads, conduits. 

or public or private ways, and along any such way, in 

such manner as not unnecessarily to obstruct the same, ^ 

and connect the same with its present system of water 

works ; and for the purpose of constructing, maintaining 

and repairing such conduits, pipes and other works, and 

for all proper purposes of this act may dig up any such 

lands, and, under the direction of the board of selectmen May dig up 

of the town in which any such ways are situated, may directk)nofthe 

enter upon and dig up any such ways in such manner as to selectmen. 

cause the least hindrance to public travel on such ways ; 

and said corporation shall have the same privileges, rights 

and powers and be subject to the same limitations with 

regard to the said waters that are granted and provided 

for it by law for the said waters of Accord Pond. 

Section 2. Said corporation shall within ninety days to aip in the 
after the taking of any land under this act, otherwise than wiu.i'n^ii'nety^ ' 
by purchase, file in the registry of deeds for the county in fj^'onheTlnd 
which the land so taken lies a description thereof suffi- '"'^en. 
ciently accurate for identification, with a statement of the 
purpose for which the same is taken, signed by the presi- 
dent of the corporation ; and the title of the land so taken 
shall vest in the said corporation. 

Section 3. Any person or corporation injured in AsBeBsment and 
property by any of the acts of said corporation under damaged *'°" °^ 
this act, and failing to agree with said corporation as to 
the amount of damages, may have the same assessed and 
determined in the manner provided when land is taken 
for highways ; but no application shall be made to the 
county commissioners for the assessment of damages for 
the taking of water rights until the water is actually taken 
and diverted by said corporation. There shall be the 
same limitation as to the time in which application for the 
assessment of damages and suits for injury to person shall 
be ])rought, as is provided in section four of said chapter 
one hundred and thirty -nine of the acts of the year eigh- 
teen hundred and seventy-nine, and the same forfeitures, 
payments, fines and penalties for the destruction or in- 
jury of the works or property held, owned or used by 
said corporation under the authority of and used for the 



76 



1886. — Chapters 89, 90. 



Organization 
confirmed. 



R'shtonbe purposes of this act, as are provided in section five of 

ham to purchase Said act ; and the town of Hingham shall have the same 

property. right to purchasc the corporate property and rights 

acquired by said corporation under this act; and in c:ise 

of purchase the same rights to issue notes, bonds, scrip, 

or certificates of debt, and to sell or pledge the same, or 

any part thereof, and be subject to the same liabilities 

* and have the same powers as are provided in said former 

acts. 

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

Approved March 22, 1886. 

Chap. 89 An Act to confhjm the proceedings and title to lands of the 

TRUSTEES 0¥ THE ROSLINDALE METHODIST EPISCOPAL CHURCH. 

Be it enacted^ etc., as follows: 

Section 1. The organization of the Trustees of the 
Eoslindale Methodist Episcopal Church as a corporation, 
on the third day of October in the year eighteen hundred 
and eighty-five, is hereby confirmed, and said corporation 
is hereby made the lawful successor of William Blake- 
more and others named as the Trustees of the Roslindale 
Methodist Episcopal Church, the grantees described in a 
deed of John E. Blakemore, dated the sixteenth day of 
September in the year eighteen hundred and seventy- 
three and recorded with Norfolk county deeds libro four 
hundred and forty-five, folio two hundred and sixty-six, 
and in a deed of Ezra Conant, dated the seventh day of 
March in the year eighteen hundred and seventy-nine and 
recorded with Suftblk county deeds libro fourteen hun- 
dred and fifty-four, folio thirty-three. And said corpora- 
tion its successors and assigns shall have and hold, in fee 
simple, the real estate described in both of said deeds. 
And all proceedings of said corporation concerning said 
real estate are hereby confirmed and made valid. 

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

Approved March 22, 1886. 

CllCLTi 90 ^^ ^^^ ^^ AMEND SECTION FOUR OF CHAPTER SEVENTY-FOUR OF THE 
PUBLIC STATUTES RELATIVE TO THE PRINTED NOTICE REQUIRED IN 
MANUFACTURING ESTABLISHMENTS. 

Be it enacted, etc., as follows : 

Notice to be ScctioH four of chapter seventy-four of the Public Stat- 

facturing estab- utcs is hereby amended by adding after the word " week " 
18 ments. -^ ^^^ elevcuth liiic of said section, the following words ; 



Proceedings 
confirmed. 



^V7r;?5r^ ^ ^ 



188G. — Chapters 91, 92, 93. 77 

— the time of commencing iind stopping such work, the 
time to be allowed for stopping and starting machinery, 
and the time to be taken for dinner; the form of such 
printed notice shall be furnished by the chief of the dis- 
trict police, and shall be approved by the attorney-general. 

Approved March 22, 1886. 



Chap. 91 



An Act to authorize the town of stoneham to refund cer- 
tain TAXES. 
Be it enacted, etc., as follows: 

Section 1. The town of Stoneham is authorized to Town may 
refund to R. R. Danforth the sum of two hundred and [axes. 
sixty-one dollars and seventy-four cents, being taxes 
wrongfully assessed upon his estate during the years 
eighteen hundred and sixty-four to eighteen hundred and 
eighty-one inclusive, pursuant to a vote of said town 
passed March ninth in the year eighteen hundred and 
eighty-tive. 

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

Ajyproved llarch 22, 1886. 



Chap. 92 



An Act to authorize the citt missionary society to provide 
temporal relief for the poor, and to enable said society 
to hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. The City Missionary Society, incorpo- powers ex. 
rated under chapter one hundred and forty-nine of the acts ^®"'^®*^- 
of the year eighteen hundred and nineteen as amended by 
chapter thirty-seven of the acts of the year eighteen hun- 
dred and forty-one, is hereby authorized in addition to 
its other purposes to provide temporal relief for the poor, 
and is further authorized to hold real and personal estate Real and per- 
to an amount not exceeding two hundred thousand dollars. *°°^' ^*'^'®* 

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

Approved March 22, 1886. 

An Act relating to the bonds of treasurers of savings banks (^ijfjyx QQ 

AND institutions FOR SAVINGS. "' 

Be it enacted, etc., as follows: 

Section 1. The treasurer of each savings bank or in- New bond to be 
stitution for savings shall give a new bond as often as on7e°inVve^" *^ 
once in five years. y*^'*''^- 

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

Ajyproved March 22, 1886. 



78 1886. — Chapters 94, 95, 96. 

Chan, 94 ^^ -^ct regulating the liability for damages of the totvn of 

HUNTINGTON IN THE COUNTY OF HAMPSHIUE IN RELATION TO NOR- 
WICH BRIDGE AND PITCHER'S BRIDGE IN SAID TOWN. 

Be it enacted, etc., as follows : 

dim'ges regu- SECTION 1. No actioii shall be maintained against the 
lated. county of Hampshire either solely or jointly with the 

town of Huntington, upon a cause of action arising after 
the passage of this act, by reason of the defective condi- 
tion, want of repair or of sufficient railing in or upon 
Norwich bridge and Pitcher's bridge in the town of Hunt- 
ington. 
Sronhabrfor Section2. The town of Huntingtou shall be liable to 
damages. any pci'sou who hereafter receives or suffers bodily injury 

or damage in his property, through a defect or want of re- 
pair or of sufficient railing in and upon said Norwich 
bridge and Pitcher's bridge. 

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

Approved March 22, 1886. 

Chttp, 95 ^N -^CT TO LIMIT THE AMOUNT AVHICH SAVINGS BANKS AND IN- 
STITUTIONS FOR SAVINGS MAY DEPOSIT IN ANY ONE NATIONAL 
BANK OR TRUST COMPANY. 

Be it enacted, etc. , as follows : 

imli'om.'rDanks, Section 1. Saviugs banks and institutions for savings 
etc., lioiiied. shall not hereafter deposit more than five per cent, of their 
total deposits in any one national bank, or trust company, 
nor an amount exceeding twenty-five per cent, of the cap- 
ital stock and surplus of such national bank, or trust com- 
pany. 

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

Approved March 22, 1886. 

ChCin. 96 ^^ ^^^ ^^ AUTHORIZE AND CONFIRM A LEASE OF THE WORCESTER, 
NASHUA AND ROCHESTER RAILROAD COMPANY BY THE BOSTON AND 
MAINE RAILROAD. 

Be it enacted, etc., as follows: 

Lease ratified. SECTION 1. The Icasc of the Worccstcr, Nashua and 
Eochester Railroad Company, dated October thirtieth 
eighteen hundred and eighty-five, to the Boston and Maine 
Railroad, is hereby authorized, ratified and confirmed : 

Proviso. provided, that nothing herein contained shall be construed 

as a waiver of any rights the Commonwealth may now 



1886. — Chapter 97. 79 

have under section sixty-one of chapter one hundred and 
twelve of the Public Statutes. 

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

Ajyproved March 22, 1886. 

An Act to establish the board of trustees of public QJkxt). 97 
burial grounds of the city of fitchburg. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Fitchburg Trustees of the 
shall in the month of January in the year eighteen hundred groullds"" be 
and eighty-seven, by joint ballot, elect three persons, who ''^^''^''^• 
shall constitute the board of trustees of the public burial 
grounds of the city of Fitchburg ; of the persons so elect- 
ed, one shall hold his office for the term of three years, 
one for two years, and one for one year, and until others 
are elected in their place, unless sooner removed ; and 
annually thereafter, in the month of January, there shall 
be elected in the same manner one person as a member of 
said board of trustees, who shall hold his otfice for the 
term of three years and until another is elected in his place, 
unless sooner removed. Vacancies in said board of trus- vacancies in 
tees may be filled by a joint ballot of the city council at ^°"'^" 
any time, the member so elected to hold office only for 
the unexpired term of the member who has ceased to hold 
oflfice. The city council shall have power at any time, for 
cause, to remove either of said trustees from office. One one at least of 
at least of said trustees so elected shall at the time of his L'^buHai lot."^" 
election own a lot in some one of the public burial grounds 
of said city. The said board shall on the Monday follow- 
ing the annual election of trustee organize by choice of 
chairman and secretary. 

Section 2. The said trustees shall lay out the public Trustees to lay 
burial grounds and cemeteries of the city, or such part makl'^by'uws" 
thereof as are not already laid out, into such lots or sub- a°d regulations. 
divisions for burial places as they shall think proper, and 
shall set apart a proper portion of some one of such cem- 
eteries, at least, for a public burial place for the use of the 
inhabitants of said city free of charge therefor ; and it shall 
be the duty of said trustees, from time to time as appro- 
priations therefor shall be made by the city council, to ' 
cause all necessary paths and avenues to be constructed in 
such grounds and cemeteries, and to cause said grounds 
and cemeteries to be planted and embellished with trees, 
shrubs, flowers and other rural ornaments as they shall 



80 1886. — Chaptee 98. 

think proper ; and said trustees may make all necessary 
by-laws and regulations in the execution of their trust, not 
inconsistent with this act and the laws of the Common- 
wealth, as they shall deem expedient. 
May eeii burial SECTION 3. Said trustecs shall have authority to sell 
to any person or persons the sole and exclusive right of 
burial, and of erecting tombs and other monuments, in 
any of the designated lots of said grounds and cemeteries, 
upon such terms and conditions as they shall, by their 
Deeds to be in rulcs and regulations, prescribe; but all deeds and con- 
^^e^nameo e ygy^^^^gg of such lots or rights of burial shall be in the 
name of the city, and shall be executed in behalf of the 
city by the treasurer thereof, when requested so to do by 
said trustees ; and the proceeds of such sales shall in all 
cases be paid into the city treasury, and kept separate and 
apart from other funds of the city, and shall be appro- 
priated to reimburse the city for the cost of the lands of 
any such grounds and cemeteries, or for the improvement 
To have control and embellishment thereof. Said trustees shall have con- 
tions anTonn- trol of any appropriation which may be made to the cem- 
beid'^in^t^sr^ ctcries Or burial grounds by the city council, and the 
income of any suras of money held in trust by said city 
for the care of any such lot or lots, 
^epm^ofh^^^ Section 4. The said trustees shall annually, in the 
city council. mouth of Novcmbcr and whenever required by the city 
council or the board of health of said city, make and ren- 
der to the city council, a report of all their acts, doings 
and proceedings upon, and of the conditions of the public 
burial grounds and cemeteries, and an account of their 
receipts and expenditures during the year. 

Approved March 23, 1886. 

GhCip. 98 -^^ ^^"^ AUTHORIZING THE COUNTY COMMISSIONERS OF MIDDLE- 
SEX COUNTY TO CAUSE TO BE MADE COPIES OF CERTAIN RECORDS 
AND PLANS IN THE REGISTRY OF DEEDS FOR THE SOUTHERN 
DISTRICT. 

Be it enacted, etc., as follows: 
Copies of certain SECTION 1. The couuty commissioncrs of Middlesex 

aetds in south- /-^ . ii I'l i t ti. 

era district to be Couuty arc hcrcDy authorized to have made, under their 

deposited in thS j'.- •z'li i i i/> i ^ 

registry for the dn'cction, copics ot all rccoi'ds and parts or records and 
dfs'idct'!" plans recorded and deposited in the registry of deeds for 

the southern district of said county prior to the first Mon- 
day of July, eighteen hundred and fifty-five, relating to 
titles of land in the northern district of said county, and 



I 



1886. — Chapter 99. 81 

suitable indexes thereof, at an expense not exceeding ten 
thousand doUars ; and such copies and indexes so made 
shall be deposited in the registry of deeds for said north- 
ern district, to be there kept by the register of deeds of 
said district as other books of record are kept by him. 

Section 2. The persons employed to make such copyists to be 
copies shall be sworn to the faithful discharge of their 
duiies, and the county commissioners shall designate 
therefrom competent persons, to be called examiners, any 
one of whom shall certify said copies made as aforesaid. 
The compensation of all of said persons shall be fixed by Compensation. 
said commissioners, and shall be paid out of the county 
treasury. 

^ECTiOiSr 3. Copies from the copies made, certified certified copies, 
and deposited, as before provided, shall, when duly certi- made, to be 
fied by said register of deeds, be admitted in evidence in eviaeuce.** 
the same manner as other copies from said registry of 
deeds for said northern district. 

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

Approved March 23, 1886. 

An Act to authorize the city of Northampton to renew a Chap. 99 

PORTION OF ITS WATER BONDS. 

Be it enacted, etc., as follows: 

Section 1. The city of Northampton is hereby author- May renew a 

1 , , J. i_t" ju-ii portion of water 

ized to execute and issue new bonds signed by its treas- bonds. 
urer and the mayor and be countersigned by the auditor 
of said city, to be denominated The City of Northampton 
Water Bond ; or promissory notes of the city in lieu of 
such bonds, to an amount not exceeding twenty-five thou- 
sand dollars, for the purpose of redeeming twenty-five 
thousand dollars of its original town water bonds 
falling due in the year eighteen hundred and eighty- 
six ; and such bonds or notes shall be payable at periods 
not exceeding fifteen years from the date thereof, with 
interest semi-annuall}' at a rate not exceeding five per 
cent, per annum. And said city may sell or neg.)tiate 
said bonds or notes at public or private sale upon such 
terms and conditions as it may deem proper, and may 
raise money by taxation to pay said bonds or notes and 
interest thereon when due; but said city shall not raise Not to raise 
by taxation more than ten thousand dollars in any one ^i^'^oooTnany 
year to pay the principal of said bonds or notes, except one year. 
the year in which the same may become due. 



82 



1886.— Chapters 100, 101. 



Not relieved 
from ceitiiin 
obligatious. 



Section 2. Nothing in this act contained shall be con- 
strued as relieving the city of Northampton from ihe 
ol)ligations imposed by chapter twenty-nine of the Public 
Statutes and acts in addition thereto and in amendment 
thereof. 

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

Approved March 23, 1886. 



Assesement 
upon lands 
benefited, of 
one-half of cost 
of coiislruction, 
etc., of side- 
walks. 



Ch<X7).\00 ^^ -^^"^ RELATING TO SIDEWALKS, CROSSAVALKS, COMMON SEWERS AND 
MAIN DRAINS IN THE FIRE DISTRICT OF THE TOWN OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1 . Section five of chapter one hundred and 
twenty of the acts of the year eighteen hundred and sev- 
enty-eight is hereby amended by inserting after the word 
" assess " in the tenth line of said section, the words : — 
one-half of, — so that the section when amended shall read 
as follows : — Said board shall have authority to deter- 
mine the grade, width and material, including curbstone, 
of all sidewalks on the public streets and highways of 
said district ; and to construct, reconstruct and repair 
such sidewalks in accordance with such determination. 
Upon the completion of any sidewalk by said board, or the 
completion of the reconstruction or repair of any side- 
walk, said board shall ascertain, determine and certify the 
whole expense of such making, reconstruction or repair, 
and shall cause a record thereof to be made, and shall 
assess one-half of the amount of the same upon all lands 
specially benefited by such making, reconstruction or 
repair, whether such lands abut on such sidewalk or not. 

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

Approved March 23, 1886. 



ChCin AOi -^N ^^'^ '^^ ESTABLISH A STATE BOARD OF HEALTH. 

Be it enacted, etc., as follows : 



State board of 
health to con- 
sict of seven 
persons. 



Section 1. The governor with the advice and consent 
of the council shall appoint seven persons who shall con- 
stitute the state board of health. The persons so ap- 
pointed shall hold their ofiices for seven years ; provided 
that the terms of office of the seven first appointed shall 
be so arranged that the term of one shall expire each 
year. All vacancies on said board, whether occurring by 
expiration of term, or otherwise, shall be filled by the 
governor with the advice and consent of the council. 



1886. — Chapter 101. 83 

Section 2. The board shall be provided with rooms Rooms to be 
at the expense of the state and shall hold meetings each penle ot ihe"^^" 
month on a day fixed by itself, and at such other times as '*'''^'''" 
may be needful. It shall make its own by-laws, and 
shall make a report of its doings to the governor and coun- 
cil on or before the thirty-first day of December in each 
year, such report being made up to the thirtieth day of 
September inclusive. 

Section 3. The board shall elect a secretary, who Board to ou eta 
shall be the executive officer aud shall hold office during ghau b%^ cxe- 
the pleasure of the board. He shall perform or superin- «""^'« "^^e""- 
tend the work prescribed by law for the state board of 
health, and as directed by the board, and such other 
duties as the board may require. He shall not be ex-offi- 
cio a member of the board, but the board may, whenever 
it shall be deemed necessary, elect one of the members 
secretary pro tempore who may in the absence or disabil- 
ity of the secretary perform the duties of that officer. 
The secretary shall receive from the treasury an annual 
salary of twenty-five hundred dollars and his necessary salary of 
travelling expenses incurred in the performance of official ^'^'^^^ ^'^^' 
duties. No member of the board shall receive any com- Members to 

. . , , ,1 T /. serve without 

pensation ; but the actual personal expenses of any mem- compensation. 
ber while engaged in the duties of the board shall be paid 
from the treasury, after they have been audited by the 
board. All other necessary expenses arising in the sec- 
retary's office or from the discharge of the duties of the 
board shall be paid out of the treasury in the same man- 
ner as those of the different departments of the govern- 
ment. 

Section 4. Section seven of chapter four of the Pub- i"n*^ua''i'"repo'',.t, 
lie Statutes is hereby amended by striking out the words e'". 
" reiDort of state board of health, lunacy and charity" 
and inserting instead thereof the words : — report of the 
state board of lunacy and charity, — and by striking out 
the words " supplementary report of the health depart- 
ment of said board " and inserting instead thereof the 
words : — report of the state board of health. Section 
ten of said chapter, and section one of chapter three hun- 
dred and sixty-nine of the acts of the 3'ear eighteen hun- 
dred and eighty-five are hereby amended by striking out 
the words "supplementary report of the health department 
of the board of health, lunacy and charity " and inserting 
instead thereof the words : — report of the state board of 



84 1886. — Chapter 101. 



Amendments. 



health. Sections fifteen and twenty-seven of chapter 
forty-eight; the title and section one of chapter seventy- 
nine ; the last line of section eighty-three of chapter 
eighty ; sections eighteen, twenty-one and thirty-five of 
chapter eighty-four ; section two of chapter eighty-five ; 
section one of chapter eighty-six ; sections one and 
twenty-nine of chapter eighty-seven ; section four of 
chapter eighty-eight ; sections five and seven of chapter 
eighty-nine ; section three of chapter one hundred and 
forty eight ; section eighty-one of chapter two hundred 
and twelve ; section seven of chapter tvvo hundred and 
nineteen ; section sixty-eight of chapter two hundred and 
twenty ; sections ten, eleven and twenty-five of chapter 
two hundred and twenty-two of the Public Statutes ; 
section two of chapter one hundred and twenty-seven ; 
sections one, two and three of chapter one hundred and 
eighty-one, and section three of chapter two hundred and 
seventy of the acts of the year eighteen hundred and 
eighty-two ; chapter one hundred and ten ; section three 
of chapter two hundred and thirty-two, and section six of 
chapter two hundred and thirty-nine of the acts of the 
year eighteen hundred and eighty-three ; section three of 
chapter two hundred and thirty-four ; section two of chap- 
ter two hundred and fifty-eight ; section four of chapter 
two hundred and ninety-seven, and sections seven and 
nine of chapter three hundred and twenty-two of the acts 
of the year eighteen hundred and eighty-four ; chapter 
one hundred and fifty-eight and the title thereof; section 
two of chapter three hundred and twenty, and sections 
one, two and three of chapter three hundred and eighty- 
five of the acts of the year eighteen hundred and eighty- 
five ; are hereby amended by striking out the word 
"health" wherever the same occurs therein. Sections 
one, fifty-eight and ninety-three of chapter eighty; sec- 
tion eighty-three of chapter one hundred and two ; section 
two of chapter one hundred and seven of the Public 
Statutes ; section five of chapter two hundred and sixty- 
three of the acts of the 3ear eighteen hundred and 
eighty-two ; section one of chapter one hundred and 
thirty-eight, and section one of chapter one hundred 
and sixty-seven of the acts of the year eighteen hundred 
and eighty-three ; sections three, nine, eleven, thirteen 
and fifteen of chapter one hundred and ninety-five, and 
sections one and two of chapter two hundred and eighty- 



1886. — Chapter 102. 85 

nine of the acts of the year eighteen hundred and eighty- Amendmenta. 
four ; section two of cliapter two hundred and sixty-five 
of the acts of the year eighteen hundred and eighty-five ; 
and chapter fifty-six of the resolves of the year eighteen 
hundred and eighty-five ; are hereby amended by striking 
out the words " lunacy and charity" wherever the same 
occur therein. Section seventeen of chapter thirty-one 
of the Public Statutes is hereby amended by inserting 
after the word "health" in the third line thereof, the 
words : — and of the state board of. Section one of 
chapter eighty oC the Public Statutes is hereby amended 
by inserting after the word " location " in the ninth line 
thereof, the words : — and other sanitary conditions. 
Section one of chapter one hundred thirty-eight of the 
acts of the year eighteen hundred and eighty-three is 
hereby amended by adding at the end thereof the follow- 
ing, to wit : — and the secretary of said state board shall 
forthwith transmit a copy of the notice so received to the 
state board of lunacy and charity. 

Section 5. The board heretofore known as the state state hoard of 
board of health, lunacy and charity shall be hereafter charUy'io'Uc-.- 
called the state board of lunacy and charity, and shall °^'^^^,"'''" 
have and exercise all the powers and duties heretofore 
had and exercised by the state board of health, lunacy 
and charity, except such as are by the force and effect of 
this act prescribed for the state board of health. 

Section. 6. When this act shall take full effect, the Employment of 
employment of all officers and other persons then in the heaiiTdeVrrV'" 
service of the health department of the state board of '"•^"^ ^° '=''"''^- 
health, lunacy and charity, shall cease and determine. 

Section 7. This act shall take effect so far as the ap- when to take 
pointment and qualification of members of the board and the 
election of a secretary are concerned, upon its passage ; 
and in all other respects shall take effect the first day of 
June next. Approved March 24, 1886. 



C7iap.l02 



An Act authorizing the boston marine insurance company to 
extend its business. 

Be it enacted, etc.^ as folloivs : 

Section 1. The Boston Marine Insurance Company May insure 
may engage in the business of insuring property on land fan^'againTt los 
against loss or damage by fire and lightning in addition to by fire. 
its present authorized business ; but said company shall 
not commence business under the permission of this sec- 



86 1886. — Chapters 103, 104. 

tion until its stockholders at a duly notified meeting shall 
vote to accept the provisions of this act, nor until certifi- 
cates signed and sworn to by the secretary of the cor- 
poration setting out a copy of such vote shall be filed 
with the secretary and insurance commissioner of the 
Commonwealth. 
^lafertltffor Section 2. Said corporation may invest a portion of 
convenient its asscts ni)t excccding twenty-five per cent, thereof and 
business, not exceedino^ five hundred thousand dollars in real estate 

adapted for the convenient and profitable transaction of 
its business. 

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

Approved March 24, 1886. 

(JJianAO^ An Act relating to the revision of tub ward boundaries and 

THE apportionment OF MEMBERS OF THE COMMON COUNCIL IN 
TUE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows : 
Revision of SECTION 1. The clty council of the city of Cambi-idge 

wards in Cam. shall, prior to the first day of May, in the year one thou- 
sand eight hundred and eighty-six and in every tenth year 
thereafter, revise the boundaries of the Avards in said city, 
and may alter the same, and increase the number of the 
wards, and shall apportion the members of the common 
council to the several wards as nearly as may be accord- 
ing to the number of inhabitants therein. Such wards 
may be divided into voting precincts, as now provided by 
law. 

Section 2. All laws inconsistent herewith are hereby 
repealed. 

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

Approved March 25, 1886. 

Ch(lT).\0^ An Act to amend the charter of the temporary asylum for 

DISCHARGED FEMALE PRISONERS. 

Be it enacted, etc., as follows : 

Biuitcr, etc., for SectionI. The Temporary Asylum for Discharged 
7°J^Tnr^dil'' Female Prisoners is authorized to afford shelter, instruc- 
posed of without tion and employment to women charsred with crime whose 

sentence. . . ^ 

cases are disposed of without sentence. 

rowers and SECTION 2. lu reference to such women the said cor- 

duius. poration shall have all the rights and privileges, including 

lights to allowance and aid from the Commonwealth under 

the supervision of the prison commissioners, and shall be 



1886. — Chapters 105, 106, 107. 87 

subject to the same duties, liabilities and restrictions as 
they now have, or are under, in the case of discharged 
female pri>oners. 

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

Approved March 23, 1886. 

Ak Act to enable tue quartermaster-general to require (JJiapAOD 

ANNUAL RETURNS OF LOANS OF STATE MILITARY PROPERTY AND TO 

ADJUST ALL ACCOUNTS RELATING TO THE SAME. , 

Be it enacted, etc., as follows: S*^tA^'i:«H^fc<^ f^ ^ 7 ^ ^/'// 
Section 1. The quartermaster-ofeneral shall adiast all Accounts with 

1.. ., „ ■-'.,. . towns, etc., 

accounts relatmg to loans ot state mihtary property to relating to miii- 
cities, towns, institutions and schools, and shall require loanedbyThe 
annual returns of such property and of its condition at ^^"'®* 
such times and in such manner as he may direct, and may 
at any time, under the direction of. the governor, recover 
the whole or any part of such property when deemed for the 
interests of the Commonwealth. 

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

Apjyroved March 26, 1886. 

An Act to fix the salary of the clerk of the district court Q/iap.^QQ 

OF HAMPSHIRE. 

Be it enacted, etc., as follows : 

Section 1. The clerk of the district court of Hamp- saiary estab- 
shire shall receive from the county of Hampshire an 
annual salary of one thousand dollars from and after the 
first day of January in the year eighteen hundred and 
eighty-six. 

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

Approved March 26, 1886. 

An Act to extend the time for constructing the new york QJinri 107 

AND UOSTON INLAND RAILROAD. 

Be it enacted, etc., as follows : 

Section 1. The time for constructing the New York Time for con. 
and Boston Inland Railroad, is hereby extended to the tended!'^ 
sevenieenth day of January in the year one thousand eight 
hundred and eighty-nine. 

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

Approved March 26, 1886. 



88 1886. — Chapters 108, 109. 

ChUV.XOS ^^ ^^"^ '^^ PROVIDE FOR LICENSING CONDUCTORS, DRIVERS AND DE- 
SPATCHERS OF STREET RAILWAY CARS IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 
Conductors, SECTION 1. The board of mayor and aldermen of the 

drivers, etc., of . , •' 

horse cars in cltj of Cambridge shall, upon the recommendation of the 

be ijceusfd. """^ president of any street railway corporation using the streets 
of said city, issue licenses from time to time to the con- 
ductors and drivers of the street cars of the said several 
street railway corporations and also to the persons em- 
ployed to start or despatch the cars of said corporations 
from any stable or other place within said city, and said 
board may at any time revoke any such license for any 
cause deemed by it sufficient, with or without a hearing. 
Every license shall contain such provisions and conditions 
as said board shall determine and shall remain in force 

Fee for license. Until Surrendered or revoked. The fee for each license 
shall not exceed fifteen cents. 

Record to be Section 2. A rccord of the issuc. Surrender and revo- 

kept at oflice of . it iiiii tr^ r \ 

city clerk. cation oi such liccuses shall be kept at the omce or the 
city clerk of said city, and shall be open at all reasonable 
times to the inspection of the president or superintendent 
of any street railway using the streets of said city as afore- 
said. Whenever a license is revoked notice thereof shall 
be sent to the presidents or superintendents of said street 
railways and to the licensee. 
Penalty for SECTION 3. Whocvcr drivcs any horse attached to any 

Hcenfe"^'^*^""' strcct Car in any street in said city except at a stable of 
said corporations or shall act in the capacity of conductor, 
starter or despatcher at any place within said city without 
being licensed therefor as hereinbefore provided, or in 
violation of the provisions or conditions of his licen&e or 
after the same is revoked, shall be punished by a fine not 
exceeding twenty dollars for each offence. 
If license is SECTION 4. No pcrsou whosc liccuse is revoked under 

be're^^s^sued* *° this act shall bc reinstated or receive a new license within 
within one year, q^q year from such rcvocatiou. 

Approved March 29, 1SS6. 

Chap.109 ^N ^^'^ PROVIDING FOR THE REGISTRATION AND LICENSING OF 

PLUMBERS IN THE CITY OF NEWTON. 

Be it enacted, etc., as follows : 

City of Newton SECTION 1. The citv of Newtou may by ordinance re- 
may require • ,1 • J. .• II- • X' II 1 • 

plumbers to be quu'e the registration and licensing oi all persons doing or 
icensed. carrying on the business of plumbing in said city and pre- 



1886. — Chapters 110, 111. 89 

scribe nilos and reijnlations for the materials, construction, 
alteration and inspection of all pipes, tanks, faucets, valves 
and other tixtures hy and through which water or sewage 
is used and carried, and provide that no such pipes, tanks, 
faucets, valves or other fixtures shall be placed in any 
building in said city except in accordance with plans 
which shall be approved by the board of health of said 
city or such person or persons as said board of health 
shall designate. 

Section 2. The said city may impose penalties not May impose 
exceeding fifty dollars for each violatiou of any of the pro- 
visions contained in section one of this act. 

Section 3. This act shall take effect u])on its passage. 

Approved March 29, 1886. 

An Act to amend section eighteen of chapter thirty of the (JJid'n.'WO 

PUBLIC statutes IN RELATION TO THE APPOINTMENT OF PF.R- 
SONS TO INVESTIGATE CLAIMS FOR REIMBURSEMENT OF STATE AID 
UNDER SAID CHAPTER. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of state aid with the comtnissioners 

. of state aid may 

approbation ot the governor may appoint, as occasion may appoint agents 

*■ '■ . J' • 4. : J i. • I' t to investigate 

require, one or more disinterested persons to investigate claims. 
any claim for reimbursement under chapter thirty of the 
Public Statutes, who may examine any person aided and 
may investigate the reasons therefor, and all matters re- 
lating to the granting of such aid, and who shall report 
their doings to the commissioners. The reasonable ex- 
penses of the commissioners, and the expenses and com- 
pensation of such disinterested persons, approved by said 
commissioners and allowed by the governor and council, 
shall be paid from the treasury of the Commonwealth. 

Section 2. Section eighteen of chapter thirty of the Repeal. 
Public Statutes is hereby repealed. 

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

Approved March 29, 1886. 



Chap.m 



An Act to incorporate the real estate improvement com- 
pany OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Amos W. Downing, Leonard V. Spauld- ^^'''r^^*',*^',':,,^ 
ing, Oscar D. Cheney, Charles B. Emerson, George W. company of 
Day, Nathaniel T. Kimball, their associates and succes- co^rpomed! 
sors, are made a corporation for the term of fifty years 



90 



1886. — Chapter 112. 



May holil land 
nnd buildings in 
Haverhill. 



from the date of the passage of this act, by the name of 
the Real Estate Tmprovemeut Company of Haverhill, sub- 
ject to the provisions of chapter one hundred and five and 
one hundred and six of the Public Statutes, and to all 
general corporation laws which now are or hereafter may 
be in force relating to such corporations, and shall have 
the powers and be subject to the liabilities and restrictions 
prescribed therein. Said corporation shall have power to 
purchase and hold in fee simple or otherwise all or any 
part of the land and buildings now owned by the corpo- 
ration known as the Academy of Music located in Haver- 
hill in the county of Essex, and such other lands 
unimproved or otherwise in said Haverhill, as the corpo- 
ration hereby created may purchase from time to time, 
not exceeding three acres in all. 

Section 2. The said corporation shall have power to 
sell, convey, lease, mortgage and otherwise dispose of its 
corporate property and any parts thereof and to improve 
the same, to erect buildings, dwelling houses and other 
structures thereon, and otherwise improve the same as 
may be deemed expedient. 

Section 3. The capital stock of the said corporation 
shall not exceed two hundred and fifty thousand dollars, 
divided into shares of one hundred dollars each. 

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

Approved March 31, 1886. 

ChGpA.12l ^^ -^^'^ '^^ CUANGE THE NAME OF THE CORPORATION OF THE 
TRUSTEES OF THE NEWTON THEOLOGICAL INSTITUTION. 

Be it enacted, etc., as follows: 

Name changed. Section 1. The Corporation known as The Trustees 
of the Newton Theological Institution, created by chapter 
ninety-six of the acts of the year eighteen hundred and 
twenty-six, and amended by chapter twenty-six of the acts 
of the year eighteen hundred and fifty-three, and further 
amended by chapter ninety-two of the acts of the year 
eighteen hundred and eighty-four, shall hereafter be known 
as The Newton Theoloo-ical Institution. 

Acts confirnied. SECTION 2. ' All acts douc or performed by said corpo- 
ration under either of said names are hereby confirmed 
and made valid. 

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

J2yproved March 31, 1886. 



May sell or 
mortgage corpo- 
rate property. 



Capital stock 
and shares. 



1886. — Chapters 113, 114, 115. 91 

An Act to give selectmen of towns the power to remove CJiap.llS 

ENGINEERS OF FIRE DEPARTMENTS. 

Be it enacted, etc., as folloius : 

Section twentj'-nine of chapter thirty-five of the Public selectmen of 
Statutes is amended by inserting after the word " stead" remove"froni 
the words: — but the selectmen may, for cause, remove offirVdepan-" 
from office any engineer, after seven days notice to him and •^'=°'«- 
hearing, — so that said section shall read as follows: — 
The selectmen of such town shall annually in April appoint 
for such department as many engineers, not exceeding 
twelve, as they may think expedient, for the term of one 
year from the first day of May following, and until others 
are appointed in their stead, but the selectmen may, for 
cause, remove from oflice any engineer, after seven days 
notice to him and hearing ; and the selecmen shall fill all 
vacancies. Approved April 1, 1886. 

An Act relating to clerical assistance in the office of the QJkid^W^. 
register of probate and insolvency in essex county. 

Be it enacted., etc., as follows: 

Section I. The register of probate and insolvency for Allowance for 
the county of Essex shall be allowed, in addition to the ance^ "^*^^' 
amount now allowed by law, a sum not exceeding one 
thousand dollars per annum, from and after the first day 
of April in the year one thousand eight hundred and eighty- 
six, 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 efiect upon its passage. 

Approved April 1, 1886. 

An Act to amend an act to supply the city of brockton (JJicmJW^ 

WITH PURE WATER. 

Be it enacted, etc., asfolloivs: 

Section four of chapter one hundred and twenty-four of water supply 
the acts of the year eighteen hundred and seventy-eight 
is hereby amended by inserting after the word " accumu- 
lations " in the twentieth line of said section, the words : — 
and the amount received from water rates in excess of the 
amount required to pay expenses and interest on the 
water loans. Approved April 1, 1886. 



92 1886. — Chapter 116. 

CJiap.HG ^^ Act authorizing the widening of central street in east 

BRIDGEWATER BY TAKING A PORTION OF THE OLD GRAVEYARD. 

Be it enacted, etc. , as follows : 
may Take por-^ Section 1. The couiity commissioiiers of the county 
erTveya^rd for of Ply'^outh Ri'e hereby authorized, upon due proceedings 
?^'^enine street had in accordance with the provisions of law allowing 
water. land to be taken for the laying out or alteration of high- 

ways, to take for the purpose of widening Central street 
in East Bridgewater in said county, on the northerly side 
thereof, a strip of land now embraced within the limits 
of the old graveyard, so called, not exceeding fifteen feet 
in width, and in length extending from the town house to 
the homestead of Kimball E. Sheldon, about three hun- 
dred and fifty feet. 
i^^^^adeof Section 2. The town of East Bridgewater is hereby 
old graveyard, authorized, Under the direction of its selectmen or such 
committee as it may elect for the purpose, to lower the 
grade of said old graveyard, adjoining said Central street, 
as much as may be required to enable a proper bank wall, 
erected on the line of said street, to securely and perma- 
nently sustain the bank of said graveyard on said line. 
^^in[e7°emaTn8 SECTION 3. The Said towu of East Bridgewater is 
of the dead. hcrcby authorized, under the direction of its selectmen or 
any committee chosen for that purpose, to remove and 
re-inter the remains of the dead known to have been 
buried within the limits of that part of said old graveyard 
which may be taken for the purpose of widening said 
Central street or which may be reduced in grade under 
the provisions of this act ; and may remove and re-erect 
the monuments erected in memory of such deceased per- 
sons, and said remains and such monuments may be 
removed to any other part of said old graveyard or to the 
East Bridgewater cemetery or to any other cemetery in 
said East Bridgewater, at -the request of relatives of the 
deceased, who shall provide the place of burial without 
expense to said town ; and in making such removal the 
remains of the members of any family so removed shall 
be re-interred together, and so far as may be, in the order 
in which they now lie ; and said town of East Bridge- 
water may, if necessary to carry out the provisions of 
bu'riauots'!'"'^ this act, purchase burial lots for the purpose in the East 
Proviao. Bridgewatcr cemetery, : provided^ however, that said 

selectmen or such committee, l)efore proceeding to re- 
move and re-inter the remains of such deceased persons 



1886. — Chapters 117, 118. 93 

and to remove and re-erect such monuments, shall give 
thirty days notice in some newspaper, of general circula- 
tion in said town, that such removal is intended. 

Skction 4. The said town of East Bridgewater shall ^iTuJon*" 
not enter upon the land taken from said old graveyard umii remains 
for the purpose of widening Central street, tor the pur- 
pose of working the same or rebuilding said wall, nor 
shall it reduce said grade until the remains of deceased 
persons, known to have been buried within said limits, 
with all monuments, shall have been removed as before 
provided. 

Section 5. Said town of East Bridjrewater is hereby May raise by 

,.- ,, . iii^ij_ taxation not 

authorized, at any legal town meeting called tor that pur- exceeding Ave 

, 'lAi- 1 • 1. 4. hundreddollars. 

pose, to raise by taxation and appropriate a sura not 
exceeding five hundred dollars, for the purpose of carry- 
ing out the provisions of this act. 

Section 6. This act shall take effect upon its passage. 

Approved April 2, 1886. 

An Act relative to the eligibility to office of members of (JJian.Hl 

CITY councils. 

Be it enacted, etc., as follows: 

No member of the city council of any city in this Com- Not eligible to 
monwealth shall be eligible, during the term for which he I'erm for"whfch 
was chosen, to any office by appointment or by election fs paw'by^cuy.^ 
of its city council or either branch thereof, the salary of 
which office is payable from the city treasury thereof. 

Approved April 2, 1886. 

An Act to authorize the city of brockton to make an addi- QJkuj "[Jg 
tional water loan. ■^' 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes city of Brockton 
mentioned in section four of chapter one hundred and °ddui(!^'^^[ water 
twenty-four of the acts of the year eighteen hundred sev- '°*"- 
enty-eight, may issue notes, bonds or scrip from time to 
time signed by the treasurer and countersigned by the 
mayor, to be denominated on the face thereof Brockton 
Water Loan, to an amount not exceeding one hundred 
thousand dollars in addition to the amounts already 
authorized by law to be issued by the town of Brockton 
or said city for the same purposes ; said notes, bonds or 
scrip to be issued upon the same terms and conditions, 



94 1886. — Chapters 119, 120. 



and said city to have the same powers as provided in said 

act for the issue of the Brockton water loan by the town 

Whole amount of Brockton : providf-cl, that the whole amount of such 

$450,00^.''^'' notes, bonds or scrip issued by said city, together with 

those issued by said town and city for the same purposes, 

shall not in any event exceed the amount of four hundred 

and twenty thousand dollars. 

fe^pu'^^Jbydty SECTION 2. This act shall take effect upon its accept- 

councii. ance by a vote of two -thirds of all the members of each 

branch of the city council of said city of Brockton. 

Aj)2^roved April 2, 18S6. 

Chap A 19 ^^ -^CT AUTHORIZING THE MASSACHUSETTS HOME MISSIONARY SOCI- 
ETr TO HOLD ADDITIONAL PERSONAL PROPERTY. 

Be it enacted,' etc., as folhivs : 

Additional per- SECTION 1. The Massachusetts Home Missionary 
Society, created by chapter fifty-two of the acts of the 
year eighteen hundred and eight, and by chapter thirty- 
five of the acts of the year eighteen hundred and twenty- 
three, and by chapter fourteen of the acts of the year 
eighteen hundred and forty-four, is hereby authorized to 
take and hold personal estate, by donation, bequest or 
otherwise, to an amount not exceeding six hundred thou- 
sand dollars. 

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

Approved April 2, 1886. 

ChCip.120 ^^ -^^^ ^^K '^^^ PROTECTION OF RAILROAD EMPLOYEES. 

Be it enacted, etc., as follows: 

Frogs, switches, Section 1. Evcry railroad corporation, operating a 
blocked for railroad or part of a railroad in this Commonwealth, shall 
p^oyees.' ''°^' bcforc thc fii'st day of January in the year eighteen hun- 
dred and eighty-seven, adjust, fill or block the frogs, 
switches and guard rails on its track, with the exception 
of guard rails on bridges, so as to prevent the feet of its 
employees from being caught therein. The work shall be 
done to the satisfaction of the railroad commissioners evi- 
denced by the certificate of their clerk. 
Penalty. SECTION 2. Ally railroad corporation failing to com- 

ply with the provisions of this act shall be punished by a 
fine of not less than one hundred dollars nor more than 
one thousand dollars. Approved April 2, 1886. 



188G. — CiiAPTEK 121. 95 



An Act to amend cnAPTER one hundred and fifty-three of (77za?9.121 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY FOUR 
AUTHORIZING THE BOSTON AND LOWELL RAILROAD CORPORATION 
TO UNITE AND CONSOLIDATE WITH CERTAIN RAILROADS. 

Be it enacted, etc., as follows: 

Sectiox 1. Section one of chapter one hundred and The Boston & 
fiftj^-three of the acts of the year eighteen hundred eighty- coi^onuioV"'' 
four is hereby amended by striking out the words " com- ^nL'ikilTtJ'w'iih 
pany " in the ninth and tenth lines thereof and inserting corponuio^nJ. 
instead the word : — corporation, — so that the same shall 
read as follows : — The Boston and Lowell Railroad Cor- 
poration is hereby authorized to unite and consolidate 
with any or all of the following named railroad corpora- 
tions now leased or ope^-ated by it, viz. : The Nashua and 
Lowell Railroad Corporation, the Stony Brook Railroad 
Company, the Wilton Railroad Company, the Peter- 
borough Railroad and the Manchester and Keene Rail- 
road ; and when thus united said corporations shall con- 
stitute one corporation under the name of the Boston and 
Lowell Railroad Corporation ; and all the provisions of 
the acts of incorporation of the corporations so uniting 
and becoming one corporation not inconsistent with this 
act, and all their rights, duties and liabilities, shall belong 
to and be borne by the corporation created by such union ; 
but said united corporation shall be subject to all general 
laws now or hereafter passed relating to railroad corpora- 
tions, and to the provisions of section three of chapter 
one hundred and five of the Public Statutes. And said 
Boston and Lowell Railroad Corporation is f^irther author- 
ized to purchase and hold the stock, bonds, property and 
franchises of any and all of said railroad corporations 
leased or operated as aforesaid, but such union or pur- 
chase shall be only upon such terms and conditions as 
shall be approved by the stockholders at meetings duly 
called for that purpose. 

Sectiox 2. Nothing contained in the amendment pro- vested rights 
vided by this act shall impair or affect the existing or "°' ^^*''='^<^- 
vested rights of any person or corporation. 

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

Approved April 2, 18S6. 



96 1886. — Chapter 122. 



(JJian.\22 ^^ ^^^ '^^ provide accommodations for registries of deeds 

AND probate in CONNECTION WITH THE NEW COURT HOUSE FOR 
THE COUNTY OF SUFFOLK, AND TO TAKE ADDITIONAL LAND FOR 
THE PURPOSE. 

Be it enacted, etc., as follows: 
Registry of SECTION 1. Chapter three hundi'ed and seventy-seven 

fry^of p?oba*tl'*" of the acts of the year eighteen hundred and eighty-five, 
count^"'^ entitled '< An Act to authorize the city of Boston to take 
and hold land, and to construct thereon a court house for 
the county of Suffolk", is amended by adding to section 
one, at the end thereof, the words following, to wit : — 
and for a registry of deeds and a registry of probate for 
said county, and other purposes incidental thereto. 
ExceRsofex- SECTION 2. Said act is further amended by striking 

fob'^Jm'thoHzed out the word " twelve" in the last clause of section three 
of Buston.""'^" thereof, and inserting instead thereof the word : — fifteen, 
— so that the said clause as amended shall read as fol- 
lows : — And the said commissioners shall not expend or 
contract to expend more than fifteen hundred thousand 
dollars in addition to the cost of the land, unless such ex- 
cess of expenditure shall first have been authorized by the 
city council of Boston. 
commissjonera SECTION 3. The Said commissioncrs, for the purposes 
"utcs^''''^"*'" and in the manner set forth in said act or in this amend- 
ment thereto, may take the whole or any portion of the 
four estates on Somerset street numbered severally thir- 
teen, eleven, nine and seven, and of the three estates on 
Pemberton square, numbered severally seventeen, eight- 
een and nineteen, being land situated in said city of 
Boston and lying between the land already taken by said 
commissioners and the said highways. 
General plans SECTION 4. Scctiou three of chapter three hundred 
n°nd coninicu and sevcuty-seven of the acts of the year eighteen hun- 
workh.*'com. di'cd and eighty-five is further amended by striking out 
menccd. ^|jg wholc of the sccoud clausc thereof, and inserting in- 

stead thereof the following, to wit : — But work upon the 
S!ime shall not be commenced until full general plans for 
the building shall have been prepared, and no specific 
work shall be commenced until the same shall have been 
duly advertised, proposals for doing such work shall have 
been received from responsible parties, and contracts have 
been entered into with satisfactory guaranties for their 
performance. 



188G. — CiiAPTEES 123, 12i, 125. 97 

Sectiox 5. AH the provisions relating to the Suffolk Provismnfl of 
county court house loan and to the erection of said court appi'y. 
house, as set forth in said original act, shall apply to said 
act as hereby amended. 

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

Approved April 2, 1886. 

An Act to establish the salary of the justice ov the second (77i(xr?.123 

DISTRICT court OF EASTERN MIDDLESEX. 

Be it enacted, etc., as fulloios: 

Section 1. The justice of the Second District Court ^^|je7 ®^'^''" 
of Eastern Middlesex shall receive an annual salary of 
fifteen hundred dollars. 

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

Approved April 2, 1886. 



Chap.124: 



An Act to establish the salary of the clerk of the municipal 

COURT OF the DORCHESTER DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. The salary of the clerk of the municipal fj^jf// ®*'^''" 
court of the Dorchester district of the city of Boston, to 
be paid by the county of Suffolk, shall be nine hundred 
dollars per annum from and after the first day of Jan- 
uary in the year one thousand eight hundred and eighty- 
six. 

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

Approved April 2, 1886. 

An Act to authorize railroad corporations to join certain Hl^riv) lO^ 

RELIEF societies. "' 

Be it enacted, etc., as follows : 

Section 1. Any railroad corporation operatino: a rail- Railroad cor- 

, . „"' ., i-ii'/". ,1 porations may 

road or portion ot a railroad in this Commonwealth may associate wuh 
by vote of its directors associate itself with seven or more fo'?.ni°y?eile'f 
of its employees in forming a relief society under the pro- ^°°''^"*=''- 
visions of chapter two hundred forty-four of the acts of 
the year eighteen hundred and eighty-two, or may upon 
the invitation of any society formed under said act ])ecome 
a member thereof, and may from time to time aid such 
society by contribution to its funds or otherwise. The 
by-laws of such society shall provide for the manner in 
which the railroad corporation shall vote and be represented 
in said society. 



98 



1886. — Chapter 126. 



Funds exempt 
from attachment 
under trustee 
process. 



ChapA2(j 



Town of Hope- 
dale incorpo- 
rated. 



Powers and 
duties. 



Section 2. The funds of such relief society shall not 
be liable to attachment under trustee process, executit)n 
or any other process legal or equitable because of any debt 
or liability of the railroad corporation or of any member 
of the society. 

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

Approved April 2, 1886. 

An Act to incorporate the town of hopedale. 

Be it enacted^ etc., as follows : 

Section 1. All that territory now within the town of 
Milford comprised within the following limits ; that is to 
say, beginning at a point in the westerly part of Milford 
a short distance north of West street where the Upton line 
leaves Mill river ; thence following the centre of said river 
to and across West street to a stone monument half-way 
between the arch of the culvert over said river ; thence 
south thirty-nine degrees five minutes east about eight 
thousand four hundred eighty-five feet to a stone monu- 
ment in a wall dividing the land of Delano Patrick and 
Frank Kilcline ; thence along said wall south fifty-eight 
degrees forty-five minutes east about three hundred thirly- 
six feet to a stone monument in the northwesterly line of 
Freedom street ; thence south thirty-five degrees fifteen 
minutes east about three thousand six hundred twenty-six 
feet to a stone monument at the corner of Main and Adin 
streets ; thence south thirty-three degrees five minutes 
east about one thousand two hundred and twelve feet to 
Green street ; thence continuing on said course about two 
thousand four hundred fifty-six feet to a stone monument ; 
thence south seventy-six degrees thirty minutes east about 
eight hundred twenty-five feet to the southeast corner of 
Howard and South Main streets ; thence continuing in the 
same course about one thousand six hundred forty-two 
feet to the centre of Charles river ; thence following the 
centre of said river in a southeily direction to the town 
line between Milford and Bellingham ; thence following 
said town line in a southerly direction to the junction of 
the towns of Milford, Mendon and Bellingham ; thence 
following said Mendon line to its junction with Upton ; 
thence following the Upton line to the point of b( ginning, 
is hereby incorporated into a town by the name of Hope- 
dale ; and said town of Hopedale is hereby investei with 
all the powers, privileges, rights and immunities and is 



1886. — Chapter 126. 99 

subject to all the duties, liabilities and requisitions to 
-wliicli other towns are entitled and subjected by the consti- 
tution and laws of this Commonwealth. 

Section 2. The inhabitants and estates within said Arrears of taxes 
town of Hopedale, and the owners of said estates, shall be towaofMiiforu. 
holden to pay all arrears of taxes which have been legally 
assessed upon them by the town of Milford, and all taxes 
heretofore assessed and not collected shall be collected and 
paid to the treasurer of the town of Milford in the same 
manner as if this act had not been passed ; and until the 
next state valuation the town of Hopedale shall annually 
in the month of November pay to the town of Milford 
tifteen per cent, of all the state and county taxes that may 
be assessed upon said town of Milford ; and the assessors Assessors of 
of the town of Milford shall make return of said valuation murQ^jl^vX''* 
and the proportion thereof in the towns of Milford and ^^^"''^ 
Hopedale respectively to the secretary of the Common- 
wealth and to the county commissioners of the county of 
Worcester. 

Section 3. The towns of Milford and Hopedale shall Liability for 

i support of 

be respectively liable for the support of all persons who paupers. 
now do or shall hereafter stand in need of relief as paupers, 
whose settlement was gained, whether by original acquisi- 
tion or derivation within their respective limits ; and the 
town of Hopedale shall pay annually to the town of Milford 
such proportion of all costs for the support or relief of 
those persons who now do or shall hereafter stand in need 
of relief or support as paupers and whose settlement by 
original acquisition or derivation was gained by reason of 
military service as a part of the quota of the town of Mil- 
ford, or who cannot be located on the site whence their 
settlement was derived or whereon it was acquired, as the 
valuation of the town of Hopedale shall bear to that of the 
town of Milford, according to the last state valuation prior 
to said relief and support. 

Section 4. All suits and proceedings at law or in suits, where 
equity, where the cause of action in favor of or against the arose btfoie°" 
town of Milford arose before the passage of this act, shall pro8ecute\i*,ac., 
be instituted and prosecuted or defended by the town of ^y ^i"°'^''- 
Milford with the same effect as if this act had not been 
passed ; and the amount recovered in any such suit or pro- 
ceeding by or against said town of Milford shall be received 
or paid as the case may be by the town of Milford, and 
reckoning costs and expenses, including counsel fees, hhall 



100 



1886. — Chapter 126. 



Division of cor- 
porate property 
and debts. 



If towns fail to 
agree 



Election die 
tricts. 



be divided between the towns of Milford and Hopedale in 
the proportion of fifteen percent, to the town ofHupedule 
and eighty-five per cent, to the town of Milford. 

Section 5. The towns of Milford and Hopedale shall 
retain and own the corporate property heretofore owned 
by the town of Milford which is within their respective 
limits, or which is commonly used in connection therewith 
at the time of the passa<ie of this act; and the net public 
debt of said town of Milford, after deducting all cash 
assets of and debts due to said town of Milford, shall be 
divided between the towns of Milford and Hopedale in the 
proportion of eighty-five per cent, to Milford and fifteen 
per cent, to Hopedale ; and in case the town of Hopedale 
cannot agree with the town of Milford as to the amount of 
debt which it is to assume under this section, said amount 
comraipsioners shall bc determined by three commissioners to be appointed 

to be appointed , , , r i n ttt 

by the superior court tor the county or Worcester, upon 
the application of either town and notice to the other, 
■whose award when accepted by said court shall be binding 
upon all parties. 

Section 6. The town of Hopedale shall, until other- 
wise provided by law, continue to be a part of the ninth 
congressional district, of the second councillor district, of 
the second Worcester senatorial district, and the second 
representative district of Worcester county ; and the in- 
habitants of said town of Hopedale shall vote for each of 
said officers in the town of Hopedale. The selectmen and 
clerk of said town of Hopedale in each of said cases shall 
make returns as if said town had existed at the time of 
the formation of said districts. The town of Hopedale 
shall, until otherwise provided by law, continue to be a 
part of the judicial district of the third district court of 
southern Worcester. 

Section 7. Any justice of the peace within and for 
Worcester county, whose residence is in the town of Hope- 
dale, may issue his warrant directed to any inhabitant of 
said town of Hopedale, requiring him to notify and warn 
the inhabitants thereof, qualified to vote in town affairs, to 
meet at the time and place therein appointed for the pur- 
pose of choosing all such officers as towns are by law au- 
thorized and required to choose at their annual meeting ; 
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 said town of Hopedale, 



First meeting 
for election of 
town ofBcers. 



1886. — Chapter 127. 101 

seven days at least before such time of meeting. Such 
justice, or in his absence such inhabitant required to notify 
the meeting, shall preside until the choice of moderator in 
said town meeting. The selectmen of said town of Mil- 
ford shall, before said meeting, prepare a list of voters in 
said town of Hopedale, qualitied 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. Said town of Hopedale shall bear the ex- iiopedaioto 

/•i-ii iiiTl*_ bear expense of 

pense ot makmg the necessary surveys and estabhsnmg surveys. 
the lines between the said towns of Milford and Hope- 
dale. 

Section 9. The town of Hopedale shall receive from Rpimbursemcnt 
the town of Milford fifteen per cent, of whatever amount for sta't" afa to 
may hereafter be refunded to said town of Milford from *°''i'^'^«- 
the Commonweidth or United States to reimburse it for 
bounties to soldiers, or state aid heretofore paid to sol- 
diers' families, or on any other account, after deducting 
all reasonable expenses. 

Section 10. All rights heretofore secured to existing Rigiitsofcor. 
corporations upon the territory hereby incorporated shall FmpairTd. "" 
continue as though this act had not been passed. 

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

Approved April 7, 1886. 

An Act to incorporate the plainville water company, Chap.127 
Be it enacted, etc., as follows: 

Section 1. James D. Lincoln, Daniel H. Corey, Wil- waierCom,,any 
liam H. Wade, Nathan F. Swift, Hcrl^ert E. Thompson, ii'corporatt.i. 
Joseph T. Bacon, Edward P. Davis, Albert W. Burton, 
Albert Bisbee, Lunas F. Mendell, Harland G. Bacon, of 
the village of Piainville in the town of Wrentham, and 
their associates and successors, are hereby made a corpo- 
ration by the name of the Plainville Water Company, for 
the purpose of furnishing the inhabitants of the villasfe of }^'''"r';«"PP'y 

,^ , ^ , P . . O lor village of 

Plainville in the town of Wrentham, consistinsr of the ter- Piainvuiein 

o town of Wrtjri- 

ritory comprised within the limits of the school district tham. 
formerly known as the Plain district and designated as 
number thirteen upon a map made from a survey by Henry 
F. Availing in the year eighteen hundred and fifty-one, 
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. 



102 1886. — Chapter 127. 

fJomT^nMuf Section 2. The said corporation for the purposes 
th?m '" ^^ '^''°' •'iff^^'^sJiid may take, by purchase or otherwise, and hold 
the water of Ten Mile river, so called, within the limits 
of the town of Wrentham 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 convej'ing the same to any part of said 
May erect doms above descril)ed village ; and may erect on the land thus 
8truaun;8. taken or held proper dams, buildings, fixtures and other 
structures ; and may make excavations, procure and oper- 
ate machinery and provide such other means and appli- 
ances as may be necessary for the establishment and 
maintenance of complete and eifective water works ; and 
may construct and lay down conduits, pipes and other 
works, under or over any hinds, 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 
May dig up purposes of this act, said corporation may dig up such 

lands and ways | ^ _ ' . «ii i/>i /• 

under d.reciioii lauds aud, uudcr the direction or the board ot selectmen or 

of the selectmen. ,1, -I'l 1 ', , 1 1 

the town m which any such ways are situated, may enter 

u})on and dig up any such ways in such manner as to 

cause the least hindrance to public travel on such ways. 

land^'eS""*^ SectionS. Thc said corporation shall, within sixty 

takenUoise days after the taking of any lands, rights of way, water 

recorded in the . , ^^ ° '' n • i 1 

registry of rights. Water sources or easements as atoresaid, 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. 
d'ettrahia'iiou"*^ Section 4. The said corporation shall pay all damages 
of damages. sustalucd 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 un- 
der 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 ap- 
plication at anytime within the period of three years from 



1886. — Chapter 127. 103 

the takino^ of such land or other property or the doing of 
other injury, under the authority of this act; but no such 
api)lication shall he made after the expiration of said three 
years. No ai)plication for assessment of damac;cs shall be Application for 

T <• , 1 . 1 . /• J , • 1 j_ c damages not to 

made tor the taking ot any water, water right, or tor any be made until 
injury thereto, until the water is actually withdrawn or diverted?*"'"""^ 
diverted by said corporation under the authority of this 
act. 

Section 5. The said corporation may distribute water May diBtrihute 
through said village of Plainville, may regulate the use of rndcouect rates 
said water, and fix and collect rates to be paid for the use game?"^*''^ 
of the same ; and may make such contracts with the said 
town or with any fire district that is or may hereafter be 
established in said village of Plainville or with any indi- 
vidual or corporation, to supply water for the extinguish- 
ment of fire or for other purposes, as may be agreed upon 
by said town or fire district, individual or corporation, and 
said corporation. 

Section (3. The said corporation may, for the purposes Real estate, 
set forth in this act, hold real estate not exceeding in andshareT. 
amount five thousand dollars ; and the whole capital stock 
of said corporation shall not exceed twenty thousand dol- 
lars, to be divided into shares of one hundred dollars each. 

Section 7. Whoever wilfully or wantonly corrupts, penalty for cor- 
pollutes or diverts any of the waters taken or held under d^veruug water. 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
upon conviction of either of the above wilful or wanton 
acts shall l)e punished by a fine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 

Section 8. The said town of Wrentham, and any fire TownofWren- 
district that is or may hereafter be established in said vil- districtVe're. 
lage of Plainville, shall have the right at any time to pur- m^^puV^'iblTse^'^ 
chase of said corporation its franchise, corporate property, *^r^„"'g^j'*'' ^"'^ 
and all its rights, powers and privileges, at a price which 
may be mutually agreed upon between said town or such 
fire district and said corporation ; and said corporation is 
authorized to make sale of the same to said town or to 
such fire district. If said corporation and said town or 
such fire district are unable to agree, then the compensa- 
tion to be paid shall be determined by three commission- 



104: 



1886. — Chapter 127. 



Two.thirds vote 
required for 
authority to 
purchase. 



Plainville 
Water Loan. 



gale of securi- 
ties at public or 
private sale. 



Sinking fund. 



May make 
annual propor- 
tionate pay- 
ments, instead 
of establishing 
sinking fund. 



ers to be appointed by the supreme judicial court, upon 
application of said town or such lire district and notice to 
the other party, whose award when accepted by said court 
shall be binding upon all parties. The right to purchase 
as aforesaid is granted on condition that the same be au- 
thorized by a two-thirds vote of the voters of said town or 
such fire district present and voting thereon at a meeting 
called for that purpose. 

Section 9. The said town or such fire district may, 
for the purpose of paying the cost of said franchise and 
corporate property and the necessary expenses and liabili- 
ties incurred under the provisions of this act, issue from 
time to time bonds, notes or scrip to an amount not ex- 
ceeding in the aggregate twenty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
Plainville 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 or such fire district 
and countersigned by the water commissioners hereinafter 
provided for. The said town or such fire district ma}-^ 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 or such fire district 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 10. The said town or such fire district, in- 
stead of establishing a sinking fund, may at the time of 
authorizing said loan provide for the payment thereof in 
such annual proportionate payments as will extinguish the 
same within the time presci'ibed 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 in- 
curred 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 Stat- 
utes in the case of said town and under the provisions of 



1886. — Chapter 127. 105 

section fifty-four of chapter thirty-five of the Public Stat- 
utes in the case of such fire district. 

Section 11. The return required by section ninety-one Return to be 
of ciiapter eleven of the Public Statutes shall state the nlndtetc.'',eVJb^ 
amount of any sinkins: 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. 

Sectiox 12. The said town or such fire district shall ^yhy^taxauon 
raise annually by taxation a sum which, with the income sufficient lor 

f V V ' current 6X- 

derived from the water rates, will be sufficient to pay the penseBand 
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 or such fire district, and 
to make such contributions to the sinking fund and pay- 
ments on the principal as may be required under the pro- 
visons of this act. 

Section 13. The said town or such fire district shall, Jl°J!'„^i°*;rl7 
after its purchase of said franchise and corporate propeily to be elected. 
as provided in this act, at a legal meeting called for the 
purpose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expiration 
of two years, and one until the expiration of one year 
from the next succeedinof annual town meetinof or annual 
meeting of such fire district, to constitute a board of water 
commissioners ; and at each annual town meeting or annual 
meeting of such fire district thereafter one such commis- 
sioner shall be elected by ballot for the term of three years. 
All the authority granted to the said town or such fire 
district by this act and not otherwise specifically pro- 
vided for, shall be vested in said water commissioners, 
who shall be subject however to such instructions, rules 
and regulations as said town or such fire district may im- 
pose bj' its vote ; the said commissioners shall be trustees To be trusteos 
of the sinking fund herein provided for, and a majority of ° ""'"'^ 
said commissioners shall constitute a quorum for the trans- 
action of business relative both to the water works and to 
the sinking fund. Any vacancy occurring in said board ^jf^^d""^^^" 
from any cause may be filled for the remainder of the un- 
expired term by said town or such fire district at any legal 
town meeting or legal meeting of such fire district cp,lled 
for the purpose. 



"Work to be 
commenced 



106 1886. — Chapter 128. 

m°ybe'n.quired Section 14. TliG coiuity commissioners foF the couiity 
fo/dlmaT/"^ within which any hind, 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 M'hich 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 be- 
come 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 15. This act shall take effect upon its passage, 
within three but shall bccome void unless work under this act is com- 
menced within three years from the date of its passage. 

Approved April 9, 1886. 

C/ittX>.128 ^N -^CT TO INCORPORATE THE COHASSET WATER COMPANY. 

Be it enacted, etc., as follows: 

Company ^-^'"" Section 1. Waldo Higgluson, James H. Bouve, 
corporated. Charlcs S. Batcs, R. W. Sankey, Joseph S. Bigelow, C. 
A. Gross, C. F. Tilden, Gustavus P. Pratt, Abraham II. 
Tower, John Bryant and Charles A. Welch, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Cohasset Water Company, for the pur- 
Water supply posc of Supplying the inhabitants of the town of Cohasset 
with water for domestic, manufacturing and other pur- 
poses, including the extinguishment of tires, with all the 
powers and privileges and subject to all the duties, re- 
strictions and liabilities set forth in all general laws which 
now are or may hereafter be in force, so far as the same 
may be applicable to this corporation. 
KtI7'"'' Section 2. The said corporation may take, hold and 
t^wn." ^^^ convey through the town of Cohasset or any part thereof 
the water, so far as may be necessary for such purposes, 
of any well or wells, spring or springs, stream or streams 
or pond or ponds, within said town of Cohasset, and may 
take and hold by purchase or otherwise any real estate 
within said town, necessary for the preservation and pui'i- 
ty of the same, or for forming any dams or reservoirs to 



1886. — Chapter 128. 107 

hold the same, and for laying and maintahiing aqueducts 
and jnpcs for distributing the water so taken and held ; 
and nuiv lay its water ijipes throuo-h any private lands May lay water 

., i".!, , ,1 IT 1 • r pipes tliroui?h 

With the right to enter upon the same and dig therein lor private lands, 
the purpose of making all necessary repairs or service con- f^^f *' ^''^''' 
nections ; and for the purposes aforesaid may carry its 
pipes under or over any water course, street, railroad, 
highway or other way in such manner as not unnecessarily 
to obstruct the same ; and may enter upon and dig up any 
road or other way for the purpose of laying or repairing 
its aqueducts, pipes or otlier works ; and in general may 
do any other acts and thing convenient or proper for car- 
rying out the purposes of this act. 

Sectiox 3. The said corporation shall within sixty Description of 

1 i-i- xl i. 1 • V 1 1 • I i. i? land, etc., taken, 

days alter the taking ot any lands, rights ot way, ease- to be recorded 
ments, water rights or sources as aforesaid, otherwise than d'eedl!^^'^^ ° 
by purchase, tile and cause to be recorded in the registry 
of deeds in Norfolk county a description thereof suificiently 
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 Acsessment and 

. . -, ■, ^ j-'iili determination 

sustained by any person or corporation in property by the of damages. 
taking of any land, right of way, water, water source or 
water right or easement, or by any other thing done by 
said corporation under the authority of this act. Any 
person or corporation sustaining damages as aforesaid under 
this act, and failing to agree with this corporation as to 
the amount of damage sustained, may have the damages 
assessed and determined in the manner provided by law 
when land is taken for the laying out of a highway, an ap- 
plication therefor to he made in writing within the period 
of three years from the taking of such land or other prop- 
erty, or the doing of other injury under authority of this 
act ; but no such application shall be made after the expi- 
ration of said three years. No assessment for damages Damages not to 
shall be made for the taking of any water right, or for any uniirwlter ia 
injury thereto, until the water is actually withdrawn or vmed.^"'' 
diverted ])y said corporation under authority of this act. 

Section 5. The said corporation may distribute the May distribute 
water through said town of Cohasset ; may regulate the rnd*coUect ^ 
use of said water and fix and collect water rates to be paid ''"^'^^* 
for the same ; may establish public fountains and hydrants 
and discontinue the same, and may make such contracts 



108 



1886. — Chapter 128. 



Real estate, 
capital stock, 
shares and 
bonds. 



Penalty for cor- 
rupting or di- 
verting water. 



Corporation 
may be required 
to give security 
for damages. 



Town may pur- 
chase franchise 
and corporate 
property. 



with the said town, or with any individual or corporation, 
to supply water for the extinguishing of fires or for otlier 
purposes as may be agreed upon by said town, individuals 
or coiporation, with said corporation. 

Section 6. The said corporation may, for the purposes 
set forth in this act, hold real estate not exceeding twenty 
thousand dollars, and the whole capital stock of said cor- 
poration shall not exceed one hundred thousand dollars, 
to be divided into shares of one hundred dollars each ; and 
said corporation may issue bonds to an amount not exceed- 
ing the amount of its capital stock actuality paid in and 
applied to the purpose of its incorporation, and may secure 
the same at any time by a mortgage of its franchise and 
property. 

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 the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages as- 
sessed therefor, to be recovered in an action of tort ; and 
upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment in the county jail not ex- 
ceeding one year. 

Section 8. The county commissioners for the county 
of Norfolk shall, upon application of the owner of any 
land, water or water rights, taken under this act, require 
said corporation to give satisfactory security for the pay- 
ment of all damages and costs which may be awarded such 
owner for the land or other property so taken, but pre- 
vious to requiring such security the said county commis- 
sioners shall, if application therefor is made by either 
party, make an estimate of the damages which may result 
from such taking, and the said county commissioners shall 
in like manner require further security, if at any time the 
security before required appears to them to have become 
insufficient ; and all the right or authority of said corpo- 
ration to enter upon or use such land or other property, 
except for making surveys, shall be suspended until it 
gives the security required. 

Section 9. The said town of Cohasset shall have the 
right at any time to purchase of said corporation its fran- 
chise, corporate property and all its rights, powers and 



1886. — Chapter 128. 109 

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 six of this act; and said corporation is au- 
thorized 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 compensation 
to be paid shall be determined by three commissioners to 
be appointed by the supreme judicial court, upon applica- 
tion of said town and notice to the other party, Avhose 
award when accepted l)y said court shall be Ijinding upon Award to be 
all parties. If said corporation shall have issued bonds pLnie's^! "^°° ** 
under the provisions of section six, 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 ])rivileges, as if the 
same were unencumbered, and the mortofao^ees 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 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 thereupon hold and possess such franchise and 
all said corporate property, rights, powers and privileges 
unencumbered and discharged from any trust. The right Two-thiHs vote 
to purchase as aforesaid is granted on condition that the nmhoHty to 
same be authorized by a two-thirds vote of the voters of p"'''^''"*®- 
said town present and voting thereon at a meeting called 
for that purpose. 

Section 10. The said town may, for the purpose of £°^^**^* ^^'®' 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggregate 
one hundred thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words Cohasset Water 



110 1886. — Chapter 128. 

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 treas- 
urer of the town and countersigned by the water com- 

May sell securi- missloucrs hereinafter provided for. The said town may 

pHvau-^saie!'' ""^ scIl such securitics 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. 

be°eBtaWi'Jii'ld? Thc sald 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. 

May make SECTION 11. The Said towu instcjid of establishina: a 

annual proper- • t • r t i- •!•• -ii 

tionatepay- smkuig fuud may at the tmie of authorizmg said loan pro- 

establishing Vide tor the payment thereoi in such annual proportionate 

sinking tund. pnymeiits 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. 

TOmmi'ssi'oiu-Mo SECTION 12. The rctum required by section ninety- 

siate amount of ouc of chaptcr elcvcu of the Public Statutes shall state 

sinking fund. '■ 

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. 
t!i° Jtion ^^ffl. Section 13. The said town shall raise annuallj^ by 
cient to pay cur- taxatioH a sum which, with the income derived from the 
and iuteres't. watcr ratcs, will be sufficient to pay the current annual 
expenses of operating its water w^orks 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 j^rincipal as may be 
required under the provisions of this act. 
fommis'lfimicrt'; SECTION 14. The Said town shall, after its purchase of 
said franchise and corporate property, as provided in this 



1886. — Chapter 129. Ill 

act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration Terms of office, 
ot" three years, one until the expiration of two years, aud 
one until the expiration of one year from the next suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by bal- 
lot for the term of three years. All the authority granted 
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- 
ti<ms, rules and regulations as said town may impose by 
its vote; the said commissioners shall be trustees of the Trustees of 
sinking fund herein provided for, and a majority of said *'°'''°2^'^" 
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 
h'om any cause may be tilled for the remainder of the 
unexpired term by said town at any legal town meeting 
called for the purpose. 

Section 15. This act shall take effect upon its pas- work- to be 
sage but shall become void unless work is commenced with- ^uhTn'^two** 
in two years from the date of its passage. y*^""- 

Approved April 9, 1886. 

An Act to confirm the proceedings of the third congrega- (JJian.\2Q 

TIONAL society IN CAMBRIDGE AND TO AUTHORIZE SAID SOCIETY 
TO CONVEY TO THE TRUSTEES OF DONATIONS TO THE PROTESTANT 
EPISCOPAL CHURCH CERTAIN REAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. All the acts and proceedings done towards Acts ana pro- 
the organization of the Third Congregational Society in lVmoiT°°°' 
Cambridge, under chapter three hundred and twenty-eight 
of the acts of the year eighteen hundred and eighty-five, 
and all acts, votes and proceedings of the said society 
since its organization as aforesaid, are hereby made valid, 
ratified and confirmed. 

Section 2. Said Third Congregational Society, by May convey 
Leander M. Hannum, Rufus H. Manson, Marcellus VValk- HHltWlh 
er, Nathan F. Lincoln, Ellen H. Jones, Sarah A. Jacobs, church ihereon. 
Harry G. Porter, Frederic Odiorne and George H. Ryther, 
the standing committee of said society, or by a majority 
of them, is authorized to convey to the Trustees of dona- 



112 1886. — Chapters 130, 131. 

mu"'^"°°°^ tions to the Protestant Episcopal Church, a corporation 
duly established by law in this Commonwealth, all that 
certain parcel of real estate, with the church thereon, 
situate at the corner of Thorndike and Third streets, in 
that part of Cambridge known as East Cam])ridge, bounded 
as follows : Southerly on said Thorndike street about 
eighty feet, easterly on said Third street about sixty feet, 
northerly on land now or late of the heirs of S. D. Parker 
about eighty feet, and westerly on land now or late of A. 
H. Stevens about sixty feet, or however otherwise the 
premises may be bounded or described. Said conveyance 
to be made in such form as the said society may deem 
expedient, and the title conveyed to be free of any trust, 
ecclesiastical or otherwise, that may have been hitherto 
existing. 

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

Approved April 9, 18S6. 

ChCip.XSO -^N ^^"^ RELATING TO THE SALARIES OF CERTAIN COURT OFFICERS 

IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., asfolloios: 
^j«|^^J]«8 estab- Section 1. Section one of chapter two hundred and 
forty-five of the acts of the year eighteen hundred and 
eighty-two is amended so that the constables in the crim- 
inal sessions of the municipal court of the city of Boston 
shall each receive aii annual salary of fourteen hundred 
dollars, and the constables in the civil sessions of the 
municipal court of the city of Boston shall each receive 
an annual salary of twelve hundred dollars ; these salaries 
in each case to be in full for all services performed by the 
said constables. 

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

Approved April 9, 1886. 



(77?CZ».131 An Act to amend the charter of the Massachusetts general 

HOSPITAL. 

Be it enacted, etc., as follows : 

rrfrMd^p°e™ 1'^^ second section of chapter ninety-four of (he acts of 

sonai estate un- the year eighteen hundred and ten is amended by striking 

limited. '^ c3 •111 1 • I' • t 

out the words "provided, that the income ot said corpo- 
ration from its real and personal estate together, do at no 
time exceed the sum of thirty thousand dollars." 

Approved April 9, 1886. 



1886. — Chapters 132, 133, 134. 113 

An Act to establish the salary of the county treasureu of (JJiap.132 

■WORCESTER COUKTY. 

Be it enacted, etc., asfolloivs: 

Section 1. The salary of the county treasurer of ^^,\*///**^^- 
"Worcester county shall hereafter be twenty-two hundred 
dollars a year. 

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

Approved April 9, 1886. 

An Act to establish the salary of the county treasurer of (7/?a79.133 

ESSEX county. 

Be it enacted, etc., as follows: 

Section 1. The salary of the county treasurer of ^^J^"// ^**^^" 
Essex county shall hereafter be twenty-two hundred dol- 
lars a year. 

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

Approved April 9, 1886. 

An Act to change a portion of the line of the sea wall of (7/?ar>.134: 

THE PUBLIC PARK IN THE CITY OF BOSTON KNOWN AS THE CHARLES 
RIVER EMBANKMENT. 

Be it enacted, etc., as folloivs: 

Section 1. The ninety-second chapter of the acts of ^^^°l^^^^'^^^ 
the year eighteen hundred and eighty-one, entitled "An 
Act in addition to An Act for the laying out of public 
parks in or near the city of Boston ", is hereby so far 
amended that the sea wall therein authorized on the Bos- 
ton side of Charles river between Craigie's and West Bos- 
ton bridges, may be built on or within the foUowins: lines 
instead of those defined in said act, namely : — Beginning 
at a point on the southerly side of Craigie's bridge distant 
two hundred feet perpendicularly from the westerly line 
of Charles street, and running thence southerly in a line 
parallel to said westerly line of Charles street to a point 
opposite the first angle in said street; thence turning a 
similar angle and running southerly in a straight line 
parallel to and two hundred feet distant perpendicularly 
fr'om the westerly line of the next adjoining section of 
said Charles street, and extending in the same course to 
West Boston bridge. 

Section 2. All of the other provisions of the act Provisions of 
aforesaid shall apply to the lines and areas defined by this issejea.'to 
act, subject to the extension of time granted by chapter '*^^'^' 



114 



1886. — Chaptees 135, 136, 137. 



Fees of ap- 
praisers to be 
fixed by the 
court. 



Repeal of P. 8. 
199, § 15. 



sixty-five of the acts of the present year for the completion 
of said sea wall and other authorized work. 

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

Ap2)roved April 9, 1886. 

CJlCip.\S5 ^N -^CT IN RELATION TO THE FEES FOR THE SEKVICES OF APPRAISERS 
AND OTHER PERSONS APPOINTED UNDER LEGAL PROCESS. 

Be it enacted, etc., os follows : 

Section 1. The fees for the services of appraisers of 
estates of deceased persons, appraisers of real estate taken 
on execution, persons appointed under legal process for 
assigning dower or making partition of real estate, sher- 
iffs' aid in criminal cases, and of all other private persons 
performing like service required by law or in the execution 
of legal process, when no express provision is made for 
the compensation therefor, shall be such as the court 
having jurisdiction of the case may deem to be just and 
reasonable. 

Section 2. Section fifteen of chapter one hundred 
and ninety-nine of the Public Statutes is hereby repealed. 

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

Approved April .9, 1886. 

C7itt».136 An Act to establish the salaries of the constables of the 
municipal court of the chaklestown district of the city of 
boston. 

Be it enacted, etc. , as follows : 

Section 1. The salaries of each of the constables of 
the municipal court of the Charlestown district of the city 
of Boston shall be one thousand dollars per annum. 

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

Approved April 9, 1886. 

(J/iar)A37 ^^ ^^"^ ^^ relation to the sale of REAL ESTATE BY EXECUTORS 
AND ADMINISTRATORS AT PRIVATE SALE. 

Be it enacted, etc., as follows : 

Section 1. When it appears by the petition of an 
executor or administrator for a license to sell the real 
estate of the deceased and upon a hearing on such petition, 
that an advantngeous 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 



Salaries estab- 
lished. 



Private sale of 
real estate by 
execiitprs, etc., 
may be author- 
ized by the 
court. 



1886. — Chapters 138, 139. 115 

of such petition may authorize a sale and conveyance at 
private sale, in accordance with such offer, or upon such 
terms as may be adjudged best ; but an executor or 
administrator so authorized to sell real estate at private 
sale m.ay notwithstanding sell such estate by public auc- 
tion if he deems it best so to do, in accordance with the 
provisions of chapter one hundred and thirty-four of the 
Public Statutes. 

Section 2. License shall not be granted until notice Notice to be 
of the petition, and of the time and place appointed for f/JsTn TmerosT' 
hearing the same, has been given by serving such notice g|iu7 granted.'" 
personally on all persons interested in the estate, at least 
fourteen days before the time appointed for the hearing, 
or by publication three weeks successively in such news- 
paper as the court shall order. 

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

Approved April 9, 1886. 

An Act to authorize the franklin typographical society to (J]icir),\^S 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Franklin Typographical Society is MayhoWaddi. 

^ ■ tional rpfil find 

hereby authorized to hold real estate not exceeding twenty personal estate. 
thousand dollars in value, and to hold personal estate not 
exceeding twenty thousand dollars in value. 

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

Approved April 9, 1886. 

An Act in addition to an act to supply the towns of rock- (Jhan.li^O 

LAND, ABINGTON AND SOUTH ABINGTON WITH WATER. 

Be it enacted, etc., as folloivs : 

Section 1. The town of South Abington shall not be Town of south 
liable or held for any portion of the expense of construct- liabiifforcenaJD 
ing and maintaining a stand-pipe or reservoir on Beech ^^p®"^^** 
hill in said Rockland, nor for any portion of the expense 
of laying and maintaining of the pipes leading from said 
stand-pipe or reservoir to said towns of Rockland and 
Abington, nor for any expense or damage incurred or 
caused under and by reason of chapter two hundred and 
six of the acts of the year eighteen hundred and eighty- 
five, beyond the point of connection of the main pipe 
leading from the source of water supply, mentioned in 
said act, with said stand-pipe ; but the equal division of 
the damages arising from the joint taking of waters, lands, 



116 



1886.— Chapter 139. 



Rockland and 
Ahington to 
coDRtrnct and 
maintain the 
rc'SLTvoir. 



Contracts rati 
ficd and cod- 
fij'med. 



Liability of S. 
Abington in 
case of accept- 
ance of ihis act 
uiKl of 1885, 206. 



Division of 
coHt", etc , be- 
twcuii I{ockland 
and Abington. 



Inconpistent 
IjrcvisionB re- 
pealed. 



Subject to ac- 
ceptance by a 
fwn-lhirds vote 
of the three 

tOWUB. 



rights of wa}' or easements, and the costs, charges and 
expenses of the construction and maintenance of the joint 
water works and appurtenances mentioned and provided 
for in said chapter two hundred and six of the acts of the 
year eighteen hundred and eighty-five shall cease at the 
point of connectioi* of the main pipe leading from the 
source of water supply mentioned in said act, with said 
stand-pipe. 

Section 2. The cost and expense of constructing and 
maintaining a stand-pipe or reservoir on Beech hill in said 
Rockland and all connections or pipes leading therefrom 
to said towns of Eockland and Abington, and used jointly, 
shall be borne by said towns of Rockland and Abington. 

Section 3. All contracts made l)y said towns of Ruck- 
land and Abington by their respective water commissioners 
and construction committees in relation to any of the works 
provided for in said chapter two hundred and six are here- 
by ratified and confirmed. In case of the acceptance of 
said chapter two hundred and six and this act in addition 
thereto, on or before the thirtieth day of April in the year 
one thousand eight hundred and eighty-six by said town 
of South Abington, said town shall bear an equal part of 
the liability incurred by said contracts made as aforesaid 
by said towns of Rockland and Abington in relation to 
said joint works up to the point of connection with said 
stand-pipe, as hereinbefore provided. 

Section 4. The water commissioners and construction 
committees of said towns of Rockland and Abington, 
respectively, are hereby authorized to make an equitable 
division of the costs and expenses of any joint works 
constructed under said chapter two hundred and six, and 
used by said towns of Rockland and Abington. 

Section 5. Anything contained in said chapter two 
hundred and six of the acts of the year one thousand 
eight hundred and eighty-five inconsistent herewith is 
hereby repealed. 

Section 6. This act shall take effect upon the accept- 
ance by a two-thirds vote of the voters of said towns of 
Rockland, Abington and South Abington present and 
voting thereon at a legal town meeting called for that pur- 
pose in each of said towns, on or before the thirtieth day 
of April in the year one thousand eight hundred and 
eighty-six ; but the number of meetings called for that 
purpose in each town shall not exceed two. 

Approved April 9, 1886. 



1886. — Chapters UO, 141. 117 

A\ Act AUTiioKizmo actions of tort against street railway (7Act/?.140 

CORPORATIONS FOR LOSS OF LIFE BY NEGLIGENCE. 

Be it enacted, etc., as follows : 

If by reason of the negligence or carelessness of a cor- Damages 
poration operating a street railway, or of the unfitness or actioTon'?n" 
gi'oss negligence or carelessness of its servants or agents, rfiiway'conw-^ 
while engao^ed in its business, the life of a passenger or ration for lisn 

o o ' . • T of life by iict'li- 

of a person, being in the exercise of due diligence, and gence, 
not a passenger or in the employment of such corporation, 
is lost, the corporation shall be liable in damages not 
exceeding five thousand nor less than five hundred dol- 
lars, to be assessed with reference to the degree of culpa- 
bility of said corporation or of its servants or agents, and 
to be recovered in an action of tort commenced within 
one year from the injury causing the death, by the execu- 
tor or administrator of the deceased person, for the use of 
the widow and children of the deceased, in equal moieties ; 
or if there are no children, to the use of the widow ; or if 
no widow to the use of the next of kin. But no executor 
or administrator shall for the same cause avail himself of 
more than one of the remedies given by this act and sec- 
tion two hundred and twelve of chapter one hundred and 
twelve of the Public Statutes. Approved April 12, 1886. 

An Act making appropriations for expenses authorized the (J]i(ir),'\^\ 

PRESENT YEAR AND FOR CERTAIN OTHER EXPENSES AUTHORIZED " 

BY LAW. 

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, except as herein 
directed, for the purposes specified in certain acts and 
resolves of the present year, and to meet certain other 
expenses authorized by law, to wit : — 

For the commissioners of prisons, for the purpose of ^^^^l^il^" ^'*^*'- 
obtaining plans for increasing the number ot" cells in the 
state prison, a sum not exceeding three hundred dollars, 
as authorized by chapter one of the resolves of the present 
year. 

For printing^ extra copies of the report of the commis- Report of com- 

. , T , .1 1, £■!• mission on 

sion appointed to consider a general system ot drainage drainage. 
for the valleys of the Mystic, Blackstone and Charles 
rivers, a sum not exceeding four thousand nine hundred 



118 



1886. — Chapter 141 



Ppiijamin C. 
Piper. 



Osborne St. 
John. 



Mark Picker- 
ing. 



Robert C. 
Davis. 



State normal 
fxliool Bl 
Bridgewater. 



Compensation 
ot commission 
ou drainage. 



Soldier's home 
in Massachu- 
setts. 



Town of Chat- 
ham. 



Malvina 8. 
Simpson. 



Eye and ear 
iulirmury. 



"William L. 
Cliipman. 



Report of eas 
commissioners. 



and fifty dollMrs, as authorized by chapter three of the re- 
solves of the present year. 

For the payment of the sahiry of Benjamin C. Piper, a 
clerk in the department of the auditor of the Common- 
wealth, the sum of twelve hundred dollars, as authorized 
by chapter four of the resolves of the present year. 

For Osborne St. John, the sum of twelve dollars and 
forty- nine cents, as authorized by chapter five of the re- 
solves of the present year. 

For Mark Pickering, the sum of two hundred and forty 
dollars, as authorized by chapter six of the resolves of the 
present year. 

For Robert C. Davis, the sum of six dollars and sixty- 
three cents, as authorized by chapter seven of the resolves 
of the present year. 

For the purchase of land and furniture, and for certain 
repairs at the state normal school at Bridgewater, a sum 
not exceeding four thousand four hundred dollars, as 
authorized by chapter eight of the resolves of the present 
year. 

For the compensation of the commission appointed to 
consider a general system of drainage for the valleys of 
the Mystic, Blackstone and Charles rivers, the sum of five 
thousand dollars, as authorized by chapter nine of the re- 
solves of the present year. 

For the trustees of the soldiers' home in Massachu- 
setts, the sum of twenty thousand dollars, as authorized 
by chapter ten of the resolves of the present year. 

For the overseers of the poor of the town of Chatham, 
the sum of eight dollars and fourteen cents, as authorized 
by chapter eleven of the resolves of the present year. 

For Malvina S. Simpsora of Cambridge, the sum of 
thirty-seven dollars and seventy-six cents, as authorized 
by chapter twelve of the resolves of the present year. 

For the Massachusetts charitable eye and ear infirmary, 
the sum of fifteen thousand dollars, as authorized b}^ chap- 
ter thirteen of the resolves of the present year. 

For William L. Chipman of Wareham, the sum of 
twenty dollars and sixty cents, as authorized by chapter 
fifteen of the resolves of the present year. 

For printing extra copies of the report of the board of 
gas commissioners, a sum not exceeding fift}^ dollars, as 
authorized by chapter sixteen of the resolves of the pres- 
ent vear. 



1886. — Chapter 141. 119 

For completing and furnishing u laboratory for the Agricultural 
Massachusetts agricultural exj)eriment station, a sum not euulo"'"^" 
exceeding six thousand tive hundred dollars, as author- 
ized by chapter seventeen of the resolves of the present 
3'ear. 

For the town of Hanson, the sum of two hundred and ^°n^"°^^^°' 
thirteen dollars and forty-five cents, payable from the 
income of the Massachusetts school fund, as authorized by 
chapter eighteen of the resolves of the present year. 

For Theodore E. Davis of Washington, in the district Theodore e. 

J^ ' Davis. 

of Columbia, the sum of four thousand four hundred and 
sixty-nine dollars and forty-eight cents, as authorized by 
chapter nineteen of the resolves of the present year. 

For the salary of an additional associate justice of the JuBticeofthe 
superior court, four thou-sand forty-five dollars and eighty 
cents, as authorized by chapter thirty-one of the acts of 
the present year. 

The appropriation for the salaries of the three extra cierksinthe 
clerks in the department of the treasurer and receiver- "■®'**"'^^* 
general, as authorized by chapter one of the acts of the 
present year, is hereby made applicable for the payment 
of the salaries of the third clerk, the receiving teller and 
the paying teller in the department of the treasurer and 
receiver-general, as established by chapter thirty-eight of 
the acts of the present year. 

For clerical assistance in the state library, the sum of ^'^*^ "'''■"y- 
five hundred dollars, as authorized by chapter sixty-six of 
the acts of the present year, being in addition to the two 
thousand dollars appropriated by chapter one of the acts 
of the present year. 

For the prison and hospital loan sinking fund, as author- Prison and hoa. 
ized by section thirty-six, chapter two hundred and fifty- Fng'fund"**" 
five of the acts of the year eighteen hundred and eighty- 
four, the sum of sixty thousand dollars. 

For small items of expenditure for which no appropri- e^endit"rl°^ 
ations have been made, or for which appropriations have 
been exhausted or have reverted to the treasury in pre- 
vious years, a sum not exceeding one thousand dollars. 

For rent of rooms for the use of the civil service com- civii service 

, T r, 1 11111 commissioners. 

missioners, a sum not exceedmg five hundred dollars, 
being in addition to the four hundi*ed dollars appropriated 
by chapter nineteen of the acts of the present year. 

For salaries and expenses of agents appointed by the Agents of board 
board of health, lunacy and charity, under the authority acy and c'harTty. 



120 1886. — Chapters 142, U3. 

of chapter two hundred and fifty-eight of the acts of the 
year eighteen hundred and eighty-four, a sum not exceed- 
ing two thousand dollars. 
Provincial laws. j'or Continuing the preparation for publication and for 
the publication of the provincial laws, a sum not exceed- 
ing ten thousand eight hundred and eighty-five dollars. 

For expenses in connection with running the elevators 
at the state house, a sum not exceeding eighteen hundred 
dollars. 

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

Approved April 13^ 1886. 



Elevators at 
state house. 



C'AttX).142 ^^ -^^"^ '^ RELATION TO THE DUTIES AND BIGHTS OF PURCHASERS 
OF RAILROADS SOLD UNDER FORECLOSURE OF MORTGAGE AND OF 
THEIR GRANTEES AND SUCCESSORS IN TITLE. 

Beit enacted, etc., asfolloivs: 

S'pifrcifase'rof Section 1. A purchascr of a railroad at a sale under 
railroad under ^ Valid foreclosurc of a Icg^al mortgao^e thereof and his 

foreclosure of . .O o O 

mortgage. grantee and successors in title shall be subject to all and 
the same duties, liabilities, restrictions and other pro- 
visions respecting such railroad or arising from the con- 
struction, maintenance and operation thereof; and have 
all and the same powers and rights relating to said rail- 
road, and the construction, maintenance and operation 
thereof which the corporation by which said mortgage was 
made, was subject to, and had at the time of said sale. 

Not to confirm Section 2. Thls act shall take effect upon its passao:e, 

exisling mort- , . , . . , ^ .' ® 

gages. but nothing herein contained shall be a confirmation, rati- 

fication or approval of any existing mortgage, or of any 
foreclosure proceedings thereunder, nor affect in any 
manner the right of such corporation, or its stockholders, 
to set up the invalidity of such mortgage or proceedings. 

Approved April 13, 1886. 

C7/iflX>.14:3 ^^ ^^^ ^^ AUTHORIZE THE NAUMKEAG STREET RAILWAY COMPANY 

TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows: 

mjYsecufe^r'^^ Section 1. The Naumkeag Street Eailway Company, 
mortgage. by a votc of a majority in interest of its stockholders at 
a meeting called for that purpose, may issue coupon or 
registered bonds to an amount not exceeding two hun- 
dred and fifty thousand dollars in addition to the bonds 
secured by its mortgage, dated the fifth day of March in 



1886. — Chapters 144, 145. 121 

the year eighteen hundred and seventy-five, and to secure 
the payment thereof, with interest thereon, the said com- 
pany may make a inortirage of its road and franchise and 
any part or all of its other property and may include in 
such mortgage property thereafter to be acquired. Said 
company may in such mortgage reserve to its directors 
the right to sell or otherwise in due course of business 
dispose of property included in such mortgage which may 
become worn, damaged or otherwise unsuitable to be used 
in the operation of its road, provided that an equiva- 
lent in value be substituted in lieu thereof. 

Sectiox 2. The authority given said company to Authority to 

IT -I . -1 ii il issue bonds re- 

issue bonds and mortgage its property by chapters one voiied. 

hundred and twenty-six and three hundred and sixty-six 
of the acts of the year eighteen hundred and eighty-five 
and chapter twenty-nine of the present year is hereby 
revoked. 

Section 3. This act shall take efiect upon its pas- 
sage. Approved April 13, 1886. 

An Act to provide for the charge of certain public lands by (JJinj) 144 

THE BOARD OF HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., as follows : 

Section 1. The board of harbor and land commis- Board to have 
sioners shall have charge of all the lands and rights in Lmubeionging 
lands belonging to the Commonwealth, wherever the weauh^^™'"'"'' 
same are situate, except those for which other provision 
is made by law, and shall have the same powers and 
duties in respect to such lands that they now have or may 
hereafter have under general laws in respect to lands, 
flats, shores and rights iu tide waters belonging to the 
Commonwealth. 

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

Approved April 13, 1886. 

An Act relating to sessions of the probate court for the (JJiny) I45 

COUNTY OF HAMPSHIRE. 

Be it enacted, etc., as follows : 

Section 1. Sessions of the probate court for the sessions of pro- 
county of Hampshire shall be held at Ware on the second nampXrV^ 
Tuesday of February, third Tuesday of June and second c°"°*y- 
Tuesdays of September and December, in addition to the 



122 1886. — Chapters 146, 147. 

times and places provided in section forty-eight of chap- 
ter one hundred and lifty-six of the Public Statutes. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved April 16, 1886. 

CllCtp.WQ An Act to autuorize the gkeylock park association to in- 
crease ITS CAPITAL stock AND TO MAKE RULES FOR THE CARE 
AND USE OF ITS PROPERTY. 

Be it enacted, etc., as foUoivs : 

capTta?8tock! Section 1. The Greylock Park Association, incor- 

porated by chapter one hundred and sixty-six of the acts 
of the year eighteen hundred and eighty-five, is author- 
ized to increase its capital stock to an amount which 
together with the amount heretofore authorized shall not 
exceed fifty thousand dollars, and may for the purposes 
set forth in said act hold real estate not exceeding in value 
the sum of thirty thousand dollars. 
fo?L™eand"il8e Section 2. The said corporation may make rules and 
of park. regulations for the care and use of the public park and 

the public roads and drivewaj's laid out and buildings 
built by said corporation under the authority of said 
act, and fix and collect charges for the use of the same. 
No public road or way laid out by said corporation shall 
be chargeable upon the town in which it is located, as a 
highway or town way. 

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

Ajyproved April 16, 1886. 



Chap 



.147 An Act to extend the time within which the charles river 
embankment company shall perform certain avork, and 
- fixing amount of material for filling to be dredged from 
the charles river basin. 

Be it enacted, etc., as follows: 

Time extended Section 1. Tho time withiu which the Charles River 
tilling, etc. Embankment Coiiipany may do and complete the filling 
and other work authorized and required to be done by 
section five of chapter two hundred and eleven of the 
acts of the year eighteen hundred and eighty-one, and by 
chapter thirty-five of the acts of the year eighteen hun- 
dred and eighty-four, is hereby extended to the thirty- 
first day of December in the year eighteen hundred and 
uinety-oue. 



1886. — Chapters 148, 149. 123 

Section 2. In filling to established grades the land and £\"o"bi*''"' *^"' 
flats now owned or hereafter acquired by said company chSHv^J? 
within the boundaries mentioned in the second section of basin. 
the act first above named, an amount of material for such 
filling not less than would be required for filling all of the 
land and flats so owned and acquired to the grade of ten 
feet above the plane of mean low water, shall be ob- 
tained by said company by dredging the same from 
Charles river basin in such places and to such depths as 
the board of harbor and land commissioners, having due 
regard to the improvement of said basin and the quality 
of material suitable for such filling, shall, upon applica- 
tion to be made by said company as the filling proceeds 
and before the same is done, from time to time prescribe ; 
and all of the cb'edging and other work authorized or re- work to be 
quired as aforesaid shall be subject to the direction and direction of 
approval of said board, and to the provisions of all gen- 
eral laws applicable thereto, except that no compensation 
other than as above provided shall be required for tide 
water displaced. 

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

Approved April 16, 1886. 



board. 



Chap.liS 



Ax Act to establish the salaries of the constables attend- 
ing THE MUNICIPAL COURTS OF THE BRIGHTON AND WEST ROXBURY 
DISTRICTS OF THE CITY OF BOSTON. 

Be it enacted, etc.. as follows: 

Section 1. The constables attending the municipal J^g^Yd** ®**''^' 
courts of the Brighton and West Roxbury districts of the 
city of Boston shall each receive an annual salary of one 
thousand dollars. 

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

Approved April 16, 1886. 

An Act relative to the returns to be made to the commis- njian 149 

SIGNER OF CORPORATIONS BY THE NEW ENGLAND CONSERVATORY 



OF MUSIC. 

Be it enacted, etc., as follows. 



Section four of chapter tw^o hundred and thirtj^-four of Returns to be 
the acts of the year eighteen hundred and eighty-five is ^mmissioner of 
amended by striking out the following words : " together <=^''P°r^^^°"«- 
with the names of all salaried officers and employees with 
the annual salary and compensation paid to each ", so that 



124 1886. — Chapters 150, 151, 152. 

Number of gaicl sGction slicall read as follows : — Section 4. The 

pupils, etc., to /..T .11, 11., I 

be returned. treasurer or said corporation shall annually in the month 
of January make a return under oath to the commissioner 
of corporations in a form satisfactory to him, setting 
forth the number of its pupils during the preceding year, 
and its total income, expenses and disbursement during 
such year. Approved April 16, 1886. 

C7lCipA50 ^^ -^^^ '^^ DECLARE WOMEN ELIGIBLE TO SEKVE AS OVERSEERS OF 

THE POOR. 

Be it enacted, etc., as follows: 
Women maybe Sectiox 1. No pcrsou shall be inelisfible for the office 

overseers of the j. c n ^ c ^ 

poor. ot overseer or the poor by reason or sex. 

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

Approved April 16, 1886. 

ChClV.151 ^^ ^^'^ ^^ ESTABLISH THE SALARY OF THE JUSTICE OF THE POLICE 

COURT OF HOLYOKE. 

Be it enacted, etc., os follows: 

Salary estab- SECTION 1. The justicc of the policc coui't of Plolyoko 

shall receive an annual salary of eighteen hundred dollars. 

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

Approved April 16, 1886. 



listied. 



Chap.152 



Ax Act to provide for enlarging the jail and house of cor- 
rection AT NEW BEDFORD IN THE COUNTY OF BRISTOL. 

Be it enacted, etc., as Jollows: 

Jail and house SECTION 1. The county commissioncrs of the county 
be enlarged? ° of Bristol arc hereby authorized and required to enlarge 
the jail and house of correction at New Bedford by con- 
structing upon the premises now occupied by the jail and 
house of correction a new building, fronting upon Court 
street. Said jail and house of correction shall contain not 
less than two hundred and ninety-six cells, including those 
in the part of the prison now used for female prisoners. 
Said county commissioners shall also remove the present 
stone jail and provide for a suitable wall on and about the 
premises. 
Plans and speci- Section .2. The plaus and specifications for the con- 
aDproveVC structiou of Said new building shall be subject to the 
of'"ri8on"°'^" approval of the commissioners of prisons. Said county 
commissioners shall submit to said commissioners of prisons 
the plans and specifications for the construction of said 



1886. — Chapter 153. 125 

nnilding within two months after the passage of this act, 
and shall begin the construction of said building within 
two months after the approval of said plans and .specifica- 
tions l)y the commissioners of prisons. 

Skction 3. In carry ins out the in'ovisions of this act, Convicts maybe 
said county commissioners may employ the convicts held 
in the jail o-r house of correction at New Bedford, 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. Said county commissioners may borrow, county may 
on the credit of the county of Bristol, for the purpose of ceeding $50,000. 
carrying out the provisions of this act, a sum not exceed- 
ing ninety thousand dollars. 

Section 5. Chapter two hundred and twelve of the Repeal. 
acts of the year eighteen hundred and eighty-live is hereby 
repealed, but said repeal shall not in any way affect the 
validity of any acts already done by said county commis- 
sioners under the provisions of said chapter. 

Section 6. This act shall take effect upon its passage. 

Approved April 16, 1886. 

An Act to incorpokate tue dennis and Yarmouth improvement (7/^(^79.153 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The owners of the meadow lands flowed Dennis and 

. , /• T-i • T -\7- Yarmouth Im- 

by Chase Carden river in the towns ot Dennis and lar- provement 
mouth, extending from the so called New Boston bridge pomeay 
in said town of Dennis to the mouth of said Chase Garden 
river and bounded by the uplands and the dikes already 
built, are hereby made a corporation by the name of the 
Dennis and Yarmouth Improvement Company, with power 
to erect and maintain a dike or dam across said Chase 
Garden river at or near its mouth, with one or more sluice- 
ways and gates for the purpose of draining and improving 
said meadows and preventing flowage by the sea. Said 
C(n*poration shall have all other powers and privileges and ^"jYe'g''* ^"^"^ 
be subject to all the duties, restrictions and liabilities set 
forth in the general laws which now are or hereafter may 
be in force relating to such corporations, unless otherwise 
specially provided by this act. 

Section 2. Any justice of the peace upon application Meeting of 

• ,• /• /• i?'j 111* !•„ owners of mead- 

in writing trom nve or more of said owners shall issue his ows. 
warrant to one of the owners aforesaid, requiring him to 



126 



1886. — Chapter 153. 



Damages to be 
dett-rmiiied as 
where land is 
taken for high- 
ways. 



May remove 
obsTuctions 
from channels 
and may raise 
money tor nec- 
essary expen- 
ses. 



Parties ag- 
grieved may ap- 
peal to county 
commissioners. 



Proprictor8 to 
be aseessecl to 
meet judgments 
rk.covered. 



notify and warn a meeting of said owners for the purposes 
to be expressed in said warrant, by posting copies of said 
Avarrant in at least one public place in the town of Dennis 
and the town of Yarmouth, seven days at least before the 
time of said meeting ; and said owners when legally assem- 
bled as aforesaid may adopt by-laws for the government 
of said corporation, and may also choose a clerk, treasurer, 
assessors and a collector ; who shall be sworn to the faith- 
ful discharge of their respective duties, and shall continue 
in office until others are chosen and sworn in their stead, 
which said officers may exercise the same power and 
authority in performing the duties of their appointment as 
town officers of like description. 

Section 3. All damages sustained by any person or 
corporation in consequence of the carrying into effect of 
the purposes of this corporation shall be ascertained, de- 
termined and recovered in the same manner as is now 
provided in cases where land is taken for highways. 

Section 4. In addition to the powers already granted, 
said corporation shall have power to remove any obstruc- 
tions in channels of said marsh Avhich may thereafter accu- 
mulate, whereby the drainnge of its said meadow lands is 
obstructed and prevented, and to vote and raise money 
for said purposes, and for all other necessary expenses of 
said corporation ; and all moneys which may be voted to 
be raised as aforesaid shall be assessed upon each propri- 
etor in said meadows according to the number of acres 
owned by him and the benefits likely to be received. Any 
owner who is aggrieved by the amount of tax levied on 
his land may, at any time within thirty days after said 
assessment, appeal to the county commissioners for the 
county of Barnstable, who shall have power to reduce or 
increase the amount of said tax, and make the same as 
said corporation should have made it under the provisions 
of this act ; and if any owner neglects or refuses to pay 
the sum assessed upon him as aforesaid for sixty days after 
demand therefor, so much of his land may be sold as will 
be sufficient to pay the same, together with the costs, in 
the same way and manner as land of non-resident owners 
in this Commonwealth is sold to pay taxes ; but nothing 
herein contained shall authorize arrest of j)erson or the 
sale of any property except said meadow lands. All sums 
for which judgment may be recovered liy any party against 
said corporation shall be assessed upon each proprietor, 



1886. — CiiAPTEKS 154, 155, 156. 127 

and collected in the same manner as moneys voted to be 
raised for other purposes under this section. 

Section 5. Said corporation shall have the exclusive Exclusive right 
right to conduct the fisheries at and al)Out said dam and 
sluice-way, and may introduce and propagate any kind of 
fish. 

Section 6. This act shall not take effect until the subject to 
owners of two-thirds of all the meadow lands included wmfngTi^ two- 
herein shall have expressed in writing their acceptance 
hereof, which instrument of acceptance, together with the 
oath of at least three of said owners that in their belief 
the owners of two-thirds of all of said meadow lands have 
signed the same, shall be filed in the office of the secre- 
tary of the Commonwealth, and the certificate of said sec- certificate. 
retary that such instrument has been so filed shall be prima 
facie evidence of such acceptance. 

Approved April 20, 1886. 



thirds of the 
owners. 



ChapA^^ 



An Act to establish the salary of the justice of the police 
court of lynn. 

Be it enacted, etc., as foUotos: 

Section 1. The salary of the justice of the police saiary estab- 
court of Lynn shall be eighteen hundred dollars per an- ''*'^*''^' 
num. 

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

Ajyproved April 20, 1886. 

An Act to establish the salary of the clerk of the police (J]i(xr),\^^ 

COURT of SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the police court saiaryestab- 
of Springfield shall be twelve hundred dollars per annum. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1886. 



Chap.'i56 



An Act to establish the salary of the clerk of the first dis- 
trict COURT OF southern MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the first district saiaryestnb- 
court of southern Middlesex shall be eight hundred dol- 
lars per annum. 

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

Approved April 20, 1886. 



128 188G. — Chapters 157, 158, 159, 160. 

Chap.\B^ An Act to authorize the wakefield water company to issue 

BONDS AND SECURE THE SAME BY A MORTGAGE ON ITS FRANCHISE 
AND OTHER PROPERTY. 

Be it enacted, etc. , as follows : 

^uureTbV""^' Section 1. The Wakefield Water Company, for the 
mortgage. puvposc of retiring and refunding its outstanding bonds 

and of extending its works, may, in lieu of the bonds it 
was authorized to issue under the authority of chapter one 
hundred and thirty-nine of the acts of the year eighteen 
hundred and eighty-three issue bonds to an amount not 
exceeding three hundred thousand dollars and secure the 
same by a mortgage on its franchise and other property. 
bECTiON 2. This act shall take efiect upon its passage. 

Approved April 20, 1886. 

CJlCip.l5S -^'^N Act to ESTABLISH THE SALARY OF THE CLERK OF THE POLICE 

COURT OF NEWTON. 

Be it enacted, etc. , as follows : 

nS^***^' Section 1. The salary of the clerk of the police court 

of Newton shall be seven hundred doHars per annum. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved April 20, 1886. 

Chap.Xb^ An Act to authorize the south boston gas light company to 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Stiutock! Section 1. The South Boston Gaslight Company is 

authorized to increase its capital stock to an amount not 
exceeding seven hundred and fifty thousand doUars, and 
to hold real estate to the value of five hundred thousand 
dollars. 

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

Approved April 22, 1886. 

Chap.1.60 An Act to change the name of the tower hill congrega- 
tional SOCIETY OF LAWRENCE. 
Be it enacted, etc., as folloivs : 

Name changed. Section 1. The socicty kuoAvu as the Tower Hill Con- 
gregational Society of Lawrence shall hereafter be called 
and known as the United Congregational Society. 

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

Approved April 22, 1886. 



1886. — Chapters IGl, 162, 163. 129 



An Act to incorporate the home for aged men and women in nhnjy ^{\^ 

FKAMINGIIAM. ^ 

Be it enacted, etc., as folloics : 

Section 1. Ilollis Hastinos, David Fisk, Samuel B. Home for aged 

-rt- 1 Ti'-ii 1 TT T fi 1 • 1 -\T -n J 1 • men iinU women 

riird, W illard Howe and Jbrederick M. ii(Sty, their asso- in Kramfngham 

. , i 11 1 ,. , incorporated. 

ciates and successors are hereby made a corporation by 
the name of The Home for Aged Men and Women in 
Framingham, for the purpose of providing a home for, 
and otherwise assisting, respectable, aged and destitute 
men and women ; Avitli all the powers and privileges and 
subject to all the duties, liabilities and restrictions set 
forth in all the general laws which now are or may here- 
after be in force ajjplicable to such corporations. 

Section 2. Said corporation may, for the purposes Real and per- 
aforesaid, hold real and personal estate to an amount not *°"''' ''^'"^^• 
exceeding fifty thousand dollars. 

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

Approved April 22, 1886. 



Chap.162 



An Act to authorize the trustees of tufts college to hold 
additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter seventy-two of '^"y ^"''^'"^•^^ 

, , , 1 1 T • tional real and 

the acts ot the year eighteen hundred and sixty-seven is p«r»onai estate. 
hereby amended so as to read as follows : — Said corpo- 
ration shall be capable of taking and holding in fee sim- 
ple, or any less estate, by gift, grant, bequest, devise or 
otherwise, for the further endowment of said college, any 
lands, tenements, or other estate, real or personal : jjiv- Proviso. 
vtded, that the entire clear annual income of all the prop- 
erty of said corporation shall not exceed two hundred 
thousand dollars. 

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

Approved Ajjril 27, 1886. 



Act to REGULATE THE TAKING OF FISH IN NORTH RIVER IN (JJian 1 6S 

TUC rTkTTVT^'V r^TT r>T ■VTWrVT'TiTT -* 



An 

the county of plymouth. 

Be it enacted, etc., as folloics: 

Section 1. The board of selectmen of either of the Fisheries regu. 
towns mentioned in section four of chapter foity-four of J-uer I" piym^l 
the acts of the year eighteen hundred and eighty-one, ""'h county. 
may, at the request of any purchaser of a rio-ht to fish in 



130 1886.— Chaptees 164, 165, 166. 

said river, designate in writing the place where said right 
shall be exercised on that part of the river lying within 
the limits of such town ; and whoever, after notice of such 
designation, uses any seine or net for taking fish in the 
waters of said river, within the distance of one-third of a 
Penalty. j^^\\q below the placc so designated, shall be punished as 

provided in section six of said chapter. 

Section 2. This act shall take efl'ect upon its passage. 

Approved April 27, 1886. 

Chan I6i ^^ ^^^ '^^ CHANGE THE NAME OF THE TRUSTEES OF THE EPISCOPAL 
CLERICAL FUND AND TO ENABLE SAID CORPORATION TO HOLD AD- 
DITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloivs : 

Name changed. SECTION 1. The name of the corporation known as the 
Trustees of the Episcopal Clerical Fund is hereby changed 
to the Society for the Kelief of Aged or Disabled Episco- 
pal Clergymen, and said corporation is authorized to hold 
Real and per ical and pcrsoual estate to an amount not exceeding one 
sonai estate. hundred thousaud dollars for the purposes named in their 
act of incorporation. 

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

Approved April 27, 1886. 

C7lCf,7)JlG5 ^^ ^^^ ^^ ESTABLISH THE SALARY OF THE CLERK OF THE THIRD 
DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as folloivs : 

Salary estab- Section 1. The clcrk of thc third district court of 

eastern Middlesex shall receive an annual salary of four- 
teen hundred dollars. 

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

Approved April 27, 1886. 



CJiap.WG 



An Act to establish the salary of the justice of the first 

DISTRICT court OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Salary estab- Section 1. The iusticc of the fii'st district court of 

eastern Middlesex shall receive an annual salary of eighteen 
hundred dollars. 

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

Approved April 27, 1886. 



liehed. 



1886. — Chaptees 167, 168, 169. 131 



An Act to establish the salary of the clerk of the first CJJidry.XQi^ 

DISTRICT court OF EASTERN MIDDLESEX. 

Be it enacted., etc., as folloivs: 

Section 1. The clerk of the first district court of saury estab- 
eastern Middlesex shall receive an annual salary of thir- 
teen hundred dollars. 

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

Approved April 27, 1886. 

An Act in addition to an act to supply the town of canton (7Aa7}.168 

WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Canton, for the purposes, and Water euppiy 

,.. II- forCantou. 

in the manner, ana upon the conditions, and subject to 
the duties, restrictions and liabilities, and with the rights, 
privileges, powers and authority, in all respects, as set 
forth and provided in chapter ninety- five of the acts of the 
year eighteen hundred and eighty-five, may take, by pur- 
chase or otherwise, and hold the waters of York pond and 
its tributaries, and of Beaver brook and its tributaries, in 
the towns of Canton and Stoughton, and the water rights 
connected with said water sources, and also all lands, 
rights of way and easements, necessary for holding and 
preserving such waters, and for conveying the same to 
any part of said town of Canton. 

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

Approved April 28, 1886. 

An Act relating to the return of fees, costs, fines, forfeit- (JJidjy "[(Jf) 

URES AND OTHER MONEYS BY CERTAIN OFFICEKS. 

Be it enacted, etc., as follows: /C / ^o /^ ^y^ ^ ,^ '^^ 

Section 1. All officers receiving costs, fees, fines, costs, fees, 
forfeitures or other moneys which they are required to qufred to'be^" 
pay or account for to the treasurer of the Commonwealth, S"y| etc? "^''^^ 
10 treasurers of counties or to other public authority, 
shall on or before the fifteenth day of October annually 
return to the secretary under oath a true account in detail 
of all such moneys received by them by virtue of their 
office fi>r the year ending on the last day of the preceding 
month, stating in detail what disposition has been made 
thereof. As soon as the returns are received the secre- 



132 1886. — Chapter 170. 

tary shall transmit them to the auditor who shall examine 
and report upon the same to the general court. 
PS. 16, §72, Section 2. Section seventy-two of chapter sixteen of 

repealed. j-i-ii-n -i i ii 

the 1 ubhc Statutes is hereby repealed. 

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

Approved April 29, 1886. 



ChCin 170 ^^ ^^'^ '^^ INCORPORATE 



TUE VILLAGE CEMETERY ASSOCIATION OF 
VINEYARD HAVEN. 



Be it enacted, etc., as follows: 
Village ceme- Section 1. Prcsbuiy L. Smith, William Cleveland, 
o'r'vineyard '°° Ellls H. Mautcr, Warren Luce, Henry Bradley, Lorenzo 
rluedr *"*'°*^^°' Smith, their associates and successors, are hereby made 
a corporation by the name of the Village Cemetery Asso- 
ciation of Vineyard Haven, for the purpose of taking, 
acquiring, holding, caring for and improving the grounds 
set apart and known as the new burial ground at the head 
of Holmes' Hole harbor, situated and lying within one 
enclosure in the village of Vineyard Haven, in the town 
Powers and of Tisbuiy ; with all the powers and privileges, and sub- 
dutxes. jg^|. ^Q j^ii ^j^g duties, restrictions and liabilities, set forth 

in the general laws which now are or hereafter may be in 
force applicable to similar corporations. 
May take pos. SECTION 2. Said assoclatlou is hereby authorized 1o 

eertHion of bury- . if'ii- 

iiig Kround and take posscssioii and assume leo-ai control ot said buiying 

acquire personal ^ , -, . , '.jv , j. i • 

property. grouud, and may acquire by gitt, bequest, devise or pur- 

chase, so much personal property as may be necessary for 
the objects connected with and appropriate for the pur- 
poses of said association. 

Members of cor- SECTION 3. Any pcrsou who uow is or may become 
a propiietor of a lot, whether by deed or otherwise, in the 
real estate mentioned in section one of this act, at such 
time as the same is taken by said corporation, shall become 
a meml)er of said corporation upon applying to the trus- 
tees hereinafter mentioned, and receiving from the cor- 
jDoration a deed or certificate of such lot. And when 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- 
sist of three or more trustees, a clerk, a treasurer, and 
such other officers as may be provided for by the by-laws. 
Such officers shall hold their offices for the term of one 
year and until others shall be chosen and qualified in their 
stead, unless otherwise provided in the by-laws. The 



poralioa. 



18S6. — Chapters 171, 172. 133 

treasurer shall give bonds for the faithful discharge of his 
duties in such sum and with such sureties as shall be 
required by the by-laws. 

Skctiox 5. Any person a<rsrrieved by the provisions PerBonsag- 

/• I . . ; , . f,, ,] . , grieved miiy 

oi this act may, at any tmie withm one year aiter tins act apply to supc- 
takes effect, apply by petition to the superior court for 
the county of Dukes county, and his damages, if any, 
shall be assessed and determined by and under the direc- 
tion of said court and shall be paid by said cemetery asso- 
ciation. 

Section 6. This act shall take effect upon its passage. 

Approved April 29, 1886. 

An Act concerning the adulteration of food and drugs. Ohci7).\l 1 
Be it enacted, etc., as follows: 

Section two of chapter two hundred and sixty-three of Jn™food"'de- 
the acts of the year eighteen hundred and eighty-two is tined. 
hereby amended so as to read as follows: — The term 
" druij" as used in this act shall include all medicines for 
internal or external use, antiseptics, dismfectants and 
cosmetics. The term " food " as used herein shall include 
confectionery, condiments and all articles used for food or 
drink by man. Aj^iyroved April 29, 1886. 

An Act to authorize the providence and Worcester railroad (JJinjj 1 79 

company and the NORWICH AND WORCESTER RAILROAD COMPANY 
TO CROSS CERTAIN TRACKS IN WORCESTER, AND TO PROVIDE FOR 
THE ERECTION AND MAINTENANCE OF AUTOMATIC SIGNALS IN CON- 
NECTION THEREAVITH. 

Be it enacted, etc., as follows : 

Section 1. The Norwich and Worcester Railroad Tracks mny be 

/~\ 1T-»'T ifir r% •^ -i /-\ used for p;iSPeii- 

Company, the Jrrovidence and Worcester Kailrotid Com- g<?r nnd freight 
pany, the Worcester, Nashua and Rochester Railroad 
Company, and the Fitchburg Railroad Company as suc- 
cessor to the Boston, Barre and Gardner Railroad Cor- 
poration may use the tracks located and constructed for 
their joint use under the provisions of section eleven of 
chapter three hundred and forty-three of the acts of the 
year eighteen hundred and seventy-one, for passenger as 
well as for freight traffic. 

Section 2. The Providence and Worcester Railroad crossing of 

/-t 1 1 1 ^ 1 -vT • 1 tracks at grade. 

Company may cross at grade the tracks of the Norwich 
and Worcester Railroad Company and of the Boston and 



134 



1886. — Chapter 173. 



Automatic sig 
nals may be es- 
tablished and 
maintained. 



Albany Railroad Company, and the Norwich and Wor- 
cester Railroad Company may cross at grade the tracks of 
the Boston and Albany Railroad Company at or near the 
point where the tracks referred to in section one of this 
act join with the tracks of the Boston and Albany Rail- 
road Company in such manner and under such regulations 
as the board of railroad commissioners may determine. 

Section 3. The Norwich and Worcester Railroad 
Company, the Providence and Worcester Railroad Com- 
pany and the Boj^ton and Albany Railroad Company shall 
establish and maintain a system of interlocking or auto- 
matic signals at the crossing authorized by section two of 
this act, and shall erect and maintain the necessary wires, 
rods, signal posts and signals in such manner as the board 
of railroad commissioners shall prescribe. The cost of 
the establishment, maintenance and operation of said sys- 
tem of interlocking or automatic signals shall be borne by 
any one or more or all of the railroad companies named 
in this act in such proportion as shall be awarded by the 
said board of railroad commissioners. And said award, 
so far as it relates to the cost of maintaining and operat- 
ing said signals, may, at the request of any one of said 
railroad companies, be revised after an interval of five 
years from the date of the original award, or from the 
date of the award next preceding such request. 

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

Approved April 29, 1886. 



Communication 
with engineer's 
riom where 
macliinery ia 
propelled by 
Btoam. 



Proviso. 



InHpectors of 
factories to en- 
force provisions 
of this act. 



Chan 173 ^^ ^^'^ relating to providing means of communication 

BETWEEN rooms IN MANUFACTURING ESTABLISHMENTS WHERE 
MACHINERY IS PROPELLED BY STEAM AND THE ROOM WHERE THE 
ENGINEER IS STATIONED. 

Be it enacted, etc., as follows: 

Section 1. . In every manufacturing establishment 
where the machinery used is propelled by steam, com- 
munication shall be provided between each room where 
such machinery is placed and the room where the engineer 
is stationed, by means of speaking tubes, electric bells or 
such other means as shall be satisfactory to the inspectors 
of factories : provided, that in the opinion of the inspect- 
ors such communication is necessary. 

Section 2. The inspectors of factories shall enforce 
the provisions of this act, and any person, firm or corpo- 
ration being the occupant of any manufacturing establish- 



1886. — Chapter 174. 135 

ment or controlling the use of any building or room where 
machinery propelled by steam is used, violating the pro- 
visions of this act shall forfeit to the use of the Common- penalty. 
wealth not less than twenty-five nor more than one 
hundred dollars ; but no prosecution shall be made for 
such violation until four weeks after notice in writing by 
an inspector has been sent by mail to such person, firm 
or corporation of any changes necessary to be made to 
comply with the provisions of this act, nor then if in the 
mean time such changes have been made in accordance 
with such notification. Approved April 29, 1886. 

An Act relating to the annual collection of statistics of Chap.VI4: 

MANUFACTURES. 

Be it enacted, etc., as follows: 

Section 1. It shall be the duty of the bureau of 8ch«f»>« »" ^^ 
statistics of labor, annually, on or before the fifteenth day factunng estab- 
of December, to transmit by mail to the owner, operator 
or manager of every manufacturing establishment in the 
Commonwealth, a schedule embodying inquiries as to, — 

(I.) Name of the individual, firm or corporation. 

(2.) Kind of goods manufactured or business done. 

(3.) Number of partners or stockholders. 

(4.) Capital invested. 

(5.) Principal stock or raw material used, and total 
value thereof. 

(6.) Gross quantity and value of articles, manufac- 
tured. 

(7.) Average number of persons employed, distin- 
guishing as to sex, and whether adults or children. 

(y.) Smallest number of persons employed, and the 
month in which such number was employed. 

(9.) Largest number of persons employed, and the 
month in which such number was employed. 

( 10. ) Total wages, not including salaries of managers, 
paid during the year, distinguishing as to sex, adults and 
children. 

(11.) Proportion that the business of the year bore to 
the greatest capacity for production of the establishment. 

(12.) Number of weeks in operation during the year, 
partial time being reduced to full time. 

Section 2. It shall be the duty of every owner, ope- Return to be 
rator or manager of every establishment engaged in man- before°jan^ 20. 
ufacturing, and receiving the foregoing schedule, to 



136 



1886. — Chapter 174. 



Bureau to pre 
pure abstracts, 



Dietribution of 
document. 



answer the inquiries borne thereon for the year endint^ 
the thirty-first day of December, or for the last financial 
year of the establishment, and return said schedule to 
said bureau, with the answers therein certified as to 
their accuracy, on or before the twentieth daj^ of January 
following the receipt of such schedule. 

Section 3. The said bureau, annually, after it shall 
etc., and present havc gathered the facts as called for in the previous sec- 
legiBiature. tious, shall causc to bc prepared and printed true ab- 
stracts of the same, with proper and comparative analysis 
thereof, and report the same to the legislature ; and such 
abstracts shall be printed compactly in one volume, 
uniform in style with the reports on the decennial census 
of the Commonwealth for the year eighteen hundred and 
eighty-five, and such report shall be stereotyped, and 
shall be numbered as one of the series of public docu- 
ments, and ten thousand copies thereof printed, to be dis- 
tributed as follows : — Twenty-five copies to the governor ; 
twenty copies to the lieutenant-governor, and to each 
member of the council ; fifteen copies to each member of 
the legislature ; *and ten copies to the state library, and 
to the secretary of the Commonwealth, and to each head 
of a department or bureau, and to each of the clerks of 
the two branches of the legislature ; also one copy to each 
reporter assigned a seat iu either branch, and one copy 
to each person, official and institution as provided for in 
section two, chapter four of the Public Statutes, other 
than those herein before specified. 

Section 4. No use shall be made in said reports oi' 
used in reports, the namcs of individuals, firms or corporations, supplying 
the information called for by this act, such informalicn 
being deemed confidential, and not for the purpose of 
disclosing any person's affairs, and any agent or employee 
of said bureau violating this provision shall forfeit a sum 
not exceeding five hundred dollars, or be imprisoned for 
not more than one year. 

Section 5. For the purposes contemplated in this 
act, the bureau of statistics of labor is hereby authorized 
to expend a sum not exceeding sixty-five hundred dollars 
annually. 

Section 6. So much of chapter one hundred and 
eighty-one of the acts of the year eighteen hundred and 
eighty-four as relates to schedule number two for the col- 



Names of firms, 

etc., not to be 



Information to 
be deemed con- 
fidential. 



Expenses. 



Repeal. 



1886. — Chapters 175, 17G, 177. 137 

lection of the docenni:il statistics of the manufactures of 
the Coniniouweahh is hereby repealed. 

Seciiox 7. This act shall take etFect upon its paSfSage. 

Approved April 29, 1886. 

An Act to establish the salart of the ij^spector and (7/ia7?.175 

ASSAYER OF LIQUORS. 

Be it enacted, etc., as fuUoivs : 

Section 1. The inspector and assayer of liquors shall nshTd/^'^^' 
receive a sahiry of one thousand dollars a year, and at the 
same rate for any part of a year. 

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

Approved Aj)ril 29, 1886. 

An Act to authorize savings banks and institutions for (77m7i.l7(3 

SAVINGS TO invest IN BONDS AND NOTES OF THE "WORCESTER, 
NASHUA AND ROCHESTER RAILROAD COMPANY. 

Be it enacted, etc., asfulloivs: 

Section 1. Savings banks and institutions for savings savings bants 
may invest in the bonds and notes of the Worcester, bon,i8"ltc.,oV 
Nashua and Rochester Railroad Company issued according Kash^a'^and^'^' 
to law, notwithstanding the said railroad is leased to the i^jj^cjiester Raii- 
Boston and Maine Railroad Company. 

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

Approved April 29, 1886. 

An Act to provide for the assistance of women charged nijfjr.-. 177 

WITH crime whose CASES ARE DISPOSED OF WITHOUT SENTENCE. ^ 

Be it enacted, etc., as follows : 

Section 1. The commissioners of prisons may pay to Assistance for 
the Temporary As3dum for Discharged Female Prisoners, wTthTrinlir'^"*^'^ 
from the appropriation for aiding discharged female pris- '^^l°^^J^''^l ^""^ 
oners, such sum as they shall fix for the support of women without 
charged with crime whose cases are disposed of without 
sentence. 

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

Approved April 29, 1886. 



138 ^ 1886. — Chapteks 178, 179, 180. 



CJiapAlS ^N ^^'^ "^^ EXEMPT THE CITY OF HOLYOKE FROM THE PROVISIONS 
OF SECTION ONE OF CHAPTER THREE HUNDRED AND TWELVE OF 
THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY-FIVE, 
RELATIVE TO THE LIMIT OF MUNCIPAL DEBT AND THE RATE OP 
TAXATION IN CITIES. 

Be it enacted^ etc., as follows: 

Somp^tS°fn°m^ Section 1. The city of Holyoke is hereby exempted 
1885, 312, § 1, from the provisions of section one of chapter three hundred 

until January 1, ^ i/. > r i -i 

1889, and twelve ot the acts or the year eiiihteen hundred and 

eighty-five until the first day of January in the year 
eighteen hundred and eighty-nine. 

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

Approved April 29, 1886. 

Chctp.llQ -^N Act to provide for the transportation of shipwrecked 

SEAMKN IN certain CASES. 

Be it enacted, etc., asfolloics: 
J/de8ti?ute''°° Section 1. A city or town may furnish transportation 



shipwrecked to dcstitute shipwrcckcd seamen from one place to another 
in this state, and the expense of such transportation shall 
be paid by the Commonwealth from the appropriation for 
the temporary support of state paupers, without reference 
to such seamen's legal settlement. 

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

Approved April 29, 1886. 

Chup.^SO -Aj^ Act to authorize the hoosac valley street railway 

COMPANY TO ISSUE MORTGAGE BONDS, AND TO TRANSPORT FREIGHT 
over a PORTION OF ITS ROAD. 

Be it enacted, etc., as follows: 

SxcTdiu"^' Section 1. The Hoosac Valley Street Railway Com- 
$50,000. pany, from time to time, by the vote of a mnjority in in- 

terest of its stockholders, may issue coupon or registered 
bonds to an amount not exceeding fifty thousand dollars, 
for a term not exceeding twenty years from the date 
thereof: provided, that the amount of bonds so issued 
under the provisions of this act shall at no time exceed 
the amount of stock actually subscribed for and paid in par 
at that time ; and to secure payment thereof with interest 
thereon, the said company may make a mortgage of its 
road and franchise and any part or all of its other [)roperty, 
and may include in such mortgage, property thereafter to 



1886. — Chapters 181,182. 139 

be acquired. Said company may in such mortgage re- 
serve to its directors tlie right to sell or otherwise in due 
course of business dispose of property included in such 
mortgage which may become worn, damaged or otherwise 
unsuitable to be used in the operation of its road : provided^ 
that an equivalent in value be substituted in lieu thereof. 

Section 2. All bonds issued shall first be approved proprr^'^IsuaLe 
by some person appointed by the corporation for that .-^"d record. 
purpose, who shall certify upon each bond that it is prop- 
erly issued and recorded. 

Section 3. Said company is hereby authorized to May transport 
transport freight in cars built for that purpose over any "^"^ '' 
portion of its railroad situate south of the main track of 
the Troy and Greenfield Railroad in North Adams. 

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

Approved April 29, 1886. 

An Act granting additional powers to the cottage city gas (JllCip.\S\ 

COMPANY. 

Be it enacted, etc. , as folloivs : 

Section 1. The Cottage City Gas Company, organ- ^^^J^/!"^^**'^^ 
ized under the general laws of the Commonwealth for the power and ught- 
purpose of making, selling and distributing gas for light- '"^' 
ing, heating and other purposes, is hereby authorized to 
supply the town of Cottage City and the inhabitants there- 
of with electricity for the purposes of power and lighting ; 
and said Cottage City Gas Company in the exercise of the 
authority herein granted shall be subject to all the provi- 
sions of law applicable to companies organized for the 
transmission of intelligence by electricity. 

Section 2. Said company is hereby authorized to May increase 
increase its capital stock to a sum not exceeding one hun- '^^^ 
dred thousand dollars. 

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

Approved May 5, 1886. 

An Act in addition to an act to incorporate the stoneham ChapAS^ 
street railroad company. 

Be it enacted, etc., as follows: 

Section 1. The Stoneham Street Railroad Company May construct 

, , ii • 1 i • • 1 •! railway in Mal- 

18 hereby authorized to construct, mamtain and use a rail- fien.saugusand 
way, with convenient single or double track, upon and 
over such streets and highways in the towns of Woburn 



140 



1886. — Chapters 183, 184. 



Powers and 
duties. 



May increase 
capital stock. 



Location and 
construction. 



and Saugus and the city of Maiden as shall be, from time 
to time, fixed and determined by the selectmen and board 
of aldermen of said places respectively. 

Section 2. Said company as regards the railroad 
hereby authorized to be constructed and maintained shall 
have all the powers and privileges and shall be subject to 
all the duties, liabilities and restrictions set forth in chap- 
ter nineteen of the acts of the year eighteen hundred and 
sixty incorporating the Stoneham Street Railroad Company, 
and in the general laws relating to street railwa}^ compa- 
nies, except that said company shall have the right to con- 
struct its track upon and over public ways only. 

Section 3. Said Stoneham Street Eailroad Company 
is hereby authorized to increase its capital stock by an 
amount not exceeding one hundred and fifty thousand 
dollars in addition to the amount heretofore authorized 
by law, at such times and in such sums as the stockholders 
mny determine. 

Section 4. The time of locating: and constructinor the 
said street railway is limited to two years from the pas- 
sage of this act. 

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

Approved May 5, 1886. 



Chap A 83 An act to establish the salary of the judge of the probate 

COURT for the county of PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The judge of the probate court for the 
county of Plymouth shall receive an annual salary of two 
thousand dollars. 

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

Approved 3fay 5, 1886. 



Salary estab- 
lished. 



(7^«©.184 -^^ Act TO ESTABLISH THE SALARY OF THE JUDGE OF THE PROBATE 

COURT FOR THE COUNTY OF MIDDLESEX. 



Salary estab- 
lished. 



Beit enacted, etc., asfolloios: 

Section 1. The judge of the probate court for the 
county of Middlesex shall receive an annual salary of three 
thousand five hundred dollars. 

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

Approved 3fay 3, 1886. 



188G. — CiiAPTEES 185, 186. 141 



An Act relative to changing or discontinuing the railroad QJiq^ \S5 
track in foster street in tue city of worcester. 

Be it enacted, etc., as follows : 

Section 1. The mayor and aldermen of the city of ^';;';:^f^*;j'J,<g*;^ 
Worcester may change the location, or discontinue the or discontinued. 
whole or an}^ part, of the railroad track heretofore con- 
structed and maintained in Foster street in said city under 
the provisions of section one of chapter one hundred and 
tifty-two of the acts of the year eighteen hundred and 
seventy-seven : proinded, hoivever, that no such change Proviso. 
shall be made, nor shall any part of said track be discon- 
tinued, except with the consent in writing first obtained of 
all the owners of business establishments situated on said 
street which are accommodated by said tracks. 

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

Ap2)roved May 5, 1886. 



An Act to authorize the town of nahant to assist in the 
maintenance of communication by water between said na- 
hant and boston and to raise money therefor. 



c/iop.ise 



Be it enacted, etc., as follows : 

Section 1. The town of Nahant is hereby authorized May raise 

. , •' money to pro- 

to raise by taxation an amount not exceedinir three thou- mote water cotn- 

-,■,■,,. o a\ '~ !• •/• munication 

sand dollars m any one year, tor the purpose ot assisting between Nahant 
in the maintenance of communication by water between ^"'^^°®*°"- 
said town and the city of Boston ; and the said town is 
hereby authorized to contract with any corporation or 
individuals for the maintenance of such communication. 
No contracts made under the authority hereinbefore given 
^hall extend for more than five years, or involve the pay- 
ment of more than three thousand dollars by said town in 
any one year. 

Section 2. This act shall take effect upon its accept- eubjecttoac- 
ance by a four-fifths vote of the voters of said town present four-tifths vote. 
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 shall not exceed three. 

Approved May 4, 1886. 



142 1886. — Chapters 187, 188, 189, 190. 

ChCip.lSl ^^ ^^"^ ESTABLISHING THE SALARIES OF CERTAIN CLERKS AND PRO- 
VIUING FOR ADDITIONAL CLERICAL ASSISTANCE IN THE DEPARTMENT 
'7 f t-(^ ^ f l' ^ *^^ ^^^ INSURANCE COMMISSIONER. 

Be it enacted, etc. , as follotvs : 

crerkl^lstlb- Section 1. The insurance commisssioner may employ 

lished. in the discharge of the duties of his department, a first 

clerk at an annual salary of two thousand dollars, a second 
clerk at an annual salary of fifteen hundred d(jllars, and a 
third clerk at an annual salary of twelve hundred dollars, 
and such additional clerks and other assistants as may be 
necessary for the despatch of public business at an ex- 
pense not exceeding eight thousand dollars a year. 
P^s.ji9, §4, Section 2. Section four of chapter one hundred and 

nineteen of the Public Statutes is hereby repealed. 

Section 3. This act shall take efi'ect upon its passage. 

Approved May 6, 1886. 

Chctp.ISS An Act to change the name of the first parish in medway 

TO PARISH OP the CHURCH OF CHRIST IN MILLIS. 

Be it enacted, etc., asfolloivs: 
Name changed. Section 1. • The socicty knowu as the First Parish in 
Medway shall hereafter be called and known as the Parish 
of the Church of Christ in Millis. 

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

Approved May 6, 1886. 

(7AC2».189 A^ ^^"^ '^^ ESTABLISH THE SALARY OF THE JUDGE OF THE PROBATE 

COURT FOR THE COUNTY OF HAMPDEN. 

Be it enacted, etc., as follows : 

Section 1. The judge of the probate court for the 
county of Hampden shall receive an annual salary of two 
thousand five hundred dollars. 

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

Approved May 6, 1886. 

ClldT) 190 ^^ ^^^ ^° ESTABLISH THE DISTRICT COURT OF WESTERN HAMPDEN. 

Be it enacted, etc., as folloios : 

District court of SECTION 1. The towus of Wcstfield, Chester, Gran- 
wmernHamp. ^-jj^^ Southwick, Russcll, Blaudford, Tolland and Mont- 
gomery shall constitute a judicial district under the 
jurisdiction of a court to be culled the district court of 
western Hampden. Said court shall have a seal. 



lisbed 



1886. — Chapter 191. 143 

Section 2. There shall be one justice and two special S?^*^'"^ 
justices and a clerk of said court, appointed in the manner 
and Avith the tenure of office respectively provided in the 
case of justices and clerks of district courts. The justice 
shall receive from the county of Hampden an annual 
salary of twelve hundred dollars and the clerk an annual 
salary of three hundred dollars. 

Section 3. Said court shall be held in the town of co;^'-[^to^be^^^^ 
Chester on the second Wednesday of each month and at ai'd wtsttieid. 
such other times as the justice thereof may by general 
rule determine and at all other times required by law or 
by such general rule in the town of Westtield. 

Section 4. Said clerk need not attend the sessions of ^^'j^/^^^'J.^y" ^^ 
said court held in Chester unless requested so to do by Chester unkss 

J • • tiTt "111. • 1 J.1 requested by the 

the justice. VV^hen said clerk is not in attendance tne judge. 
justice shall keep a record of the proceedings had before 
him, which he shall transmit to said clerk to be entered 
by him upon the docket and records of said court. Said 
justice shall also account with and pay over to said clerk 
all fines, costs and fees received by him. 

Section 5. Said clerk shall have power to receive cierk may isRue 

, . i , . , warrants and 

complaints and issue warrants returnable to said court take ban. 
and to take bail in cases pending therein. 

Section 6. The provisions of law applicable in com- Provisions of 

1 T • » 1^ 1 !• 1 1 J law applicable. 

mon to police and district courts shall be applicable to 
said court. 

Section 7. The first session of said court shall be First session of 

/.Ti'i •! court on hrst 

held on the first Monday of July in the year eighteen Monday of juiy, 
hundred and eighty-six ; but nothing herein shall aflect 
any suit or other proceeding begun prior to said first 
Monday of July. 

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

Appraced May 6, 1886. 

An Act to divide ward eight in the city of Gloucester into (J]iap.Vd\ 

TWO VOTING PKECINCTS. 

Be it enacted, etc., as follows : 

Section 1. The mayor and aldermen of the city of ;^ard eight to 

^ 111.11 .1 1 be divKleil inio 

(jrloucester are hereby authorized and required to make a two precincts. 
division of ward eight in said city into two voting pre- 
cincts, to be designated as precinct number one and pre- 
cinct number two of ward eight, according to the terms, 
provisions and requirements of chapter two hundred and 
ninety-nine of the acts of the year eighteen hundred and 



lU 



1886. — Chapter 192. 



Nets not to be 
used. 



Boat, fish, etc., 
to be forfeited. 



'C 



eighty-four, notwithstanding the voters in said ward are 
less than five hundred in number. 

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

Approved May 6, 1886. 

Chap.lQ2 An Act for the puotection of the fisheries in buzzard's bat. 

Be it enacted, etc., as follows : 

Section 1. No person shall draw, set, stretch or use 
any drag net, set net or gill net, purse or sweep seine of 
any kind for taking fish anywhere in the waters of Buz- 
zard's Bay within the jurisdiction of this Commonwealth 
nor in any harbor, cove or bight of said bay except as 
hereinafter provided. 

Section 2. Any net or seine used in violation of any 
provision of this act, together with any boat, craft or 
fishing apparatus employed in such illegal use, and all 
fish found therewith, shall be forfeited ; and it shall be 
lawful for any inhabitant or inhabitants of any town bor- 
dering on said bay to seize and detain, not exceeding 
forty-eight hours, any net or seine found in use contrary 
to the provisions of this act, and any boat, craft, fishing 
apparatus and fish found therewith, to the end that the 
same may be seized and libelled if need be by due process 
of law. 

Section 3. All nets and seines in actual use set or 
stretched in the Avaters aforesaid in violation of this act 
are declared to be common nuisances. 
Not to Interfere Section 4. Nothing Contained in this act shall be 

with corporate . • • i i • i 

rigi.t^ fish construed to interfere with the corporate ri<2:hts of any 

weird dc •* • 

, ^, ,A " fishing company located on said bay nor in any way to 
/ ^ / afiect the fish weirs mentioned in section seventy of chap- 

ter ninety-one of the Public Statutes, nor the use of 
nets or seines in lawful fisheries for shad or alewives in 
influent streams of said bay, nor to the use of set nets or 
gill nets in the waters of the town of Fairhaven within a 
line drawn from Commorant Rock southwesterly to the 
buoy on West Island Rips and from thence westerly in 
a straight course through the buoy on West Island Ledge 
to the town line of Fairhaven. 

Section 5. Whoever violates any provision of this 
act or aids or assists in violating the same sball pay a 
fine not exceeding two hundred dollars for each offence. 

Section 6. District courts and trial justices shall 
have concurrent jurisdiction with the superior court of 



Nets to be de- 
clared common 
nuisances. 



Penalty. 



Concurrent 
jurisdiction. 



1886. — Chapter 193. 145 

all offences and proceedings under the provisions of this 
act. 

Section 7. All fines received under this act shall be Disposition of 
paid one-half to the complainant and the other half to the feifure's!' '""^ 
Commonwealth. All moneys fiom any forfeitures in- 
curred under this act shall inure and be paid one-fourth 
to the informer and one-fourth to the person filing the libel 
and the other half to the Commonwealth. 

Approved May 6, 1886. 

An Act concerning the election of assessors in the city of (^hnj) I93 

CAMBRIDGE. ' 

Be it enacted^ etc., as foUoivs : 

Section 1. The city council of Cambridge shall, prior Anassessorto 
to the first day of June in the current year, in joint citytoTe^'cii'^"*^ 
convention, elect one person, who shall, until the first a!8»^9or8°d^8"'^ 
Monday in January next, with the present board of '"<='*■ 
assessors of said city now in olfice, be and act as an 
assessor of said city. And said city council shall, before 
the first day of October in the current year, divide said 
city into four assessors' districts and determine the bound- 
aries thereof, within each of which districts one of the 
assessors of said city shall reside. The present assessors 
shall continue in office until the expiration of their respect- 
ive terms and until their successors are duly chosen and 
qualified. 

Section 2. The qualified voters of said city, at their Assessors to he 
annual meeting for the election of municipal officers first to 
be held after the passage of this act, shall elect one assessor 
who shall hold the office for three years or until another 
is chosen and qualified in his stead ; and one assessor who 
shall hold the office for four years and until another is 
chosen and qualified in his stead ; and at every subsequent 
election one person shall be chosen to be an assessor for 
four years and until another is chosen and qualified in his 
stead ; and the present assessors, together with the per- 
sons thus chosen assessors, shall during their terras consti- 
tute the board of assessors, and shall exercise the powers 
and be subject to the duties and liabilities of assessors of 
towns. 

Section 3. The boundaries of the several assessors' Boundaries of 
districts, after the same are established as provided in revi8«iVv°r\^ 
section one, shall continue the same until the month of ^^"^'^ J''*'"- 
October in the year one thousand eight hundred and 



elected for four 
years. 



146 1886. — Chapters 194, 1 95. 

ninety-six, at which time, and every tenth year there- 
after, the city council shall revise the boundaries of said 
districts. 
Aesespors unfit SECTION 4. The mavor, with the assent of the board 

to discharge /. i i . \ • i i> 

duties may be ot aldermen, may at any time remove any member ot 
the board of assessors who by sickness or otherwise in his 
opinion has become unfit to discharge the duties of his 
office ; in case of such removal a successor shall be chosen 
by the city council in joint convention to hold office till 
the next city election, at which election such vacancy shall 
be filled in the manner now provided by law. 

Repeal. SECTION 5. All acts and parts of acts inconsistent 

with this act are hereby repealed. 

Subject toac- SECTION 6. This act shall take effcct UDou its acccptancc 

ceptance by con- i »■ 

current vote by thc citv couucil of the city of Cambridge by concurrent 

■within sixty "^ ^ -i t i i ii i i -ii • • . 

days. vote, providcd the same shall be accepted within sixty 

days from the date of its passage. 

Approved May 6, 1886. 

C/ift79.194: ^^ ^^^ "^^ EXEMPT THE WAGES AND LAY OF SEAMEN FROM 
ATTACHMENT BY THE TRUSTEE PROCESS. 

Be it enacted, etc., as foUoivs : 
Wages of sea- SECTION 1. No wagcs or lay due or accruing to any 
from attachment scamaii shall bc subjcct to attachment by the trustee 
by trustee proc pj.Q^jggg . j^jjj. ^j^jg ^^.^ gj^j^jj ^^^ affcct causcs DOW pending, 

or suits arising from contracts already made. 

Section 2. This act shall take efl'ect upon its passage. 

Approved May 6, 1886. 



Chap 



.195 ^^ -^^"^ "^^ AUTHORIZE THE RELEASE TO ITS FORMER OWNERS OF 
A PARCEL OF LAND HERETOFORE TAKEN FOR A COURT HOUSE 
FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 
Landtakenfora SECTION 1. The boai'd of commissioucrs mentioned in 

court house in , xiiiii o ^ f \ 

Boston may be chapter three hundred and seventy-seven ot the acts ot the 
former owners, year eighteen hundred and eighty-five is hereby authorized, 
with the consent of the mayor of Boston, to abandon to 
the former owners all that parcel of land situated in 
Pemberton square in the city of Boston, taken by said 
board from John Lowell and Augustus Lowell, trustees, 
upon receiving from said trustees a release to the city of 
Boston of all claims for damages and costs for the takin<j 
thereof, and to execute a deed of release to the said trustees 



188G. — Chapter 196. 147 

which shall revest the said parcel of land in them, as of 
their estate in the same before said taking. 

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

Approved May 6, 1886. 

An Act to annex a pakt of the town of leyden to the town (JJian.lQG 

OF BERNARDSTON. 

Be it enacted, etc., asfolloios: 

Section 1. All that part of the town of Leyden with PartofLoyden 
the inhabitants and estates therein comprised within the nardston. 
following described lines, to wit: — Commencing at a 
marked stone monument at the southeasterly corner of the 
town of Leyden and at the junction of the boundary lines 
of the towns of Bernardston, Leyden and Greenfield ; 
thence northwesterly at an angle of sixteen degrees 
westerly from the present boundary line between Ber- 
nardston and Leyden, fifty-five hundred feet to a stone 
monument to be erected ; thence northeasterly to a stone 
monument marked " B" and " L ", standing in the said 
boundary line between the towns of Bernardston and 
Leyden and on the westerly side of the travelled road 
northerly of the dwelling house of Lucius P. Chapin ; thence 
southerly on the present boundary line between Ber- 
nardston and Leyden, eighty-one hundred feet, more or 
less, to the said marked stone monument at the place of 
beginning, is hereby set off from the town of Leyden and 
annexed to the town of Bernardston. 

Section 2. The inhabitants of said described territory Assessed taxos 
shall pay all taxes which have been legally assessed upon andpauioverto 
them by the town of Leyden, and all taxes heretofore so ^®y'^'^°- 
assessed and not collected shall be collected and paid over 
to the treasurer of the town of Leyden in the same manner 
as if this act had not been passed. Until the next state 
valuation the town of Bernardston shall annually, in the 
month of October, pay to the town of Leyden one twenty- 
fifth part of all state and county taxes that shall be assessed 
upon said town of Leyden. 

Section 3. Said town of Bernardston shall be liable support of 
for the support of all persons who now do, or shall here- p''"^"''- 
after, stand in need of relief as paupers whose settlements 
were gained whether by original acquisition or derivation 
by reason of a residence on the territory hereby annexed 
to said town of Bernardston. The town of Bernardston 
shall pay to the town of Leyden annually one twenty-fifth 



1 48 1886. — Chapter 196. 

part of the costs hereafter paid by the last named town for 
the support or relief of paupers whose settlements were 
acquired therein or whose settlements were derived from 
settlements acquired therein in consequence of military 
service in the war of the rebellion. 
Election of rep- Section 4. Until a new apportionment of representa- 

rt'SGiitciti vt?8 to • 

the general tivcs shall bc made, the inhabitants of the territory de- 
'"""■ scribed in the first section of this act shall, for the purpose 

of electing representatives to the general court, remain and 
continue to be a part of the town of Leyden, and the in- 
habitants resident therein qualified to vote shall be entitled 
to vote for representatives and shall be eligible to the ofBce 
of representative in the town of Leyden and shall vote at 
the place at which the inhabitants of Leyden vote. The 
selectmen of Bernardston shall annually make a true list 
of all persons resident in said territory qualified to vote at 
every siich election and post the same in said territory 
according to law ; they shall also deliver one such list 
corrected as required by law to the selectmen of the town 
of Leyden before the time of meeting for election, to be 
used thereat. 
Bernardston to Section 5. Within ouc year from the passage of this 
$250. act the town of Bernardston shall pay to the town of 

Leyden the sura of two hundred and fifty dollars, and this 
sum shall be a settlement of all claims against the town of 
Bernardston growing out of the provisions of this act, 
except as aforesaid. 
sui.jecttoac. SECTION 6. This act shall not take full effect unless 
ni.i.iorityvoteby the inhabitants of said town of Bernardston qualified to 
vote in town affiiirs shall accept the same at a legal town 
meeting called for that purpose, by a majority of voters 
present and voting thereon, which meeting shall be held 
on the first Monday of June of the current year. Said 
vote shall be by ballot of yes or no and the check list shall 
be used as in the election of town officers. 
Result of vote to SECTION 7. It shall bc the duty of the clerk of the 

be certitied to o rt -i • n 

Btcretary. towu 01 Bcmardston to certify as soon as may be the 
ballots cast in said town and the number of ballots cast in 
favor of this act and the number cast against said accept- 
ance in said town, to the secretary of the Commonwealth ; 
and if it shall appear that the majority of the votes cast in 
said town is in favor of accepting this act, the secretary of 

Cortificateto be the Commouwealth shall immediately issue and publish his 

published. • /. 1 1 

certificate declaring this act to have been duly accepted. 



18S6. — Chapters 197, 198. 149 

Section 8. So much of this act as authorizes the when to take 
submission of this question of acceptance to the legal *^"'"^'' 
voters of said town shall take effect upon its passage ; but 
for all other purposes it shall take effect immediately upon 
the publication of the certificate of the secretary of the 
Commonwealth as provided for in this act. 

Approved 3Iay 7, 1886. 

An Act in relation to the instruction of prisoneks in the (JJia7)JiS)l 

STATE prison. 

Be it enacted^ etc., as foUoius : 

Section 1. Section thirty of chapter two hundred and pHsoneriTnfhe 
twenty-one of the Public Statutes is hereby amended by p "g"" SafTso 
striking out the following words : "the warden and com- 
missioners may furnish suitable instruction in reading and 
writing for one hour each evening, except Sundays, to all 
such prisoners as may be benefited thereby and desirous 
to receive the same," and by inserting in place thereof the 
following words : — the warden may maintain schools for 
instruction of the prisoners, at such times, except on Sun- 
day, as he, with the approval of the commissioners, shall 
from time to time fix, and under such rules, restrictions 
and regulations as said commissioners shall from time to 
time make. 

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

Approved 31ay 7, 1886. 

An Act in addition to an act to incorporate the quincy water Hlinj. IOQ 

COMPANY. ^ 

Be it enacted, etc., as follows : 

Section 1. The Quincy Water Company, incorporated Jf/low'ti^rr'ook^ 
by chapter one hundred and sixty-two of the acts of the year in Biaintree. 
eighteen hundred and eighty-three, for the purposes, and 
in the manner, antl upon the conditions, and subject to the 
duties, liabilities and restrictions, and with the rights, privi- 
leges, powers and authority, in all respects, as set forth 
and provided in said chapter, may take by purchase or 
otherwise and hold the waters of Town brook, so called, 
and its tributaries, in the town of Braintree, and the water 
rights connected therewith, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such waters and for conveying the same to any part of said 
town of Quincy. 

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

Apjjroved May 7, 1886. 



150 



1886. — Chapters 199,200. 



City of Boston 
mny purchase 
property, etc., 
of the Jamaica 
Pond Aqueduct 
Corporation. 



(7Aa/?.199 -A^N Act to authorize the city of boston to purchase the 

PROPERTY OF THE JAMAICA POND AQUEDUCT CORPORATION. 

Be it enacted, etc., as foUoivs : 

Section 1. The city of Boston, by the Boston water 
board, may purchase and hold all the property, estates, 
rights and privileges of the Jamaica Pond Aqueduct Cor- 
poration, incorporated by chapter one hundred and thirty- 
liv^e of the acts of the year eighteen hundred and fifty-seven, 
and said Boston water board may, if the same shall be 
deemed expedient, connect Jamaica pond and the pipes of 
said corporation so purchased with the other water pipes 
of said city ; but said city shall not hereby acquire any 
right to take ice from said pond, or to take land upon which 
any building or machinery is now erected, or which is now 
used in connection with such building or machinery for 
the purpose of storing ice, or for convenience in cutting, 
storing and moving ice, without the consent of the owner 
of said land and buildings or machinery ; nor shall said 
city, by virtue of this act or by the purchase hereunder 
authorized, acquire any right to obstruct or in any manner 
interfere with the business of persons or corporations now 
engaged in cutting, storing, selling or moving ice from 
said pond, or with the rights of any other person or cor- 
poration in the water or ice of said pond, or in the lands 
bordering upon the same, except so far as the same shall 
be necessary, in raising or lowering the surface of the water 
of said pond, to the extent, or in protecting and preserving 
the purity of said waters, in the manner, now authorized 
by law. 

Section 2. This act shall not become valid until it has 
been accepted by the city council of the city of Boston, 
by a vote of two-thirds of the members of both branches 
thereof. Approved May 7, 1886. 



Subject to ac- 
icplance by a 
two-thirds vote 
ol the city 
council. 



(Jh(ip.2.00 ^^ ■^^'^ AUTHORIZING THE CITY OF MALDEN TO DIVIDE SAID CITY 
INTO SEVEN WARDS AND TO ABOLISH THE OFFICE OF ALDERMAN 
AT LARGE. 

Be it enacted, etc., as follows : 

Section 1. Sections two, three and eight of chapter 
one hundred and sixty-nine of the acts of the year eigh- 
teen hundred and eighty-one are amended to read as fol- 
lows : — /Section 2. The administration of all the fiscal, 
prudential and municipal aflairs of said city, Avith the 



Powers vested 
111 u mayor, 
ceveii aldormon 
and twcnty-otie 
councilmtn. 



1886. — Chaptek 201. 151 

government thereof, shiill be vested in one officer to be 
called the mayor, one council of seven to be called the 
board of aldermen and one council of twenty-one to be 
called 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 Quo™™- 
shall constitute a quorum for the transaction of business, 
and no member of either board shall receive an}^ compen- 
sation for his services. Section 3. The city council may cuytobedi- 
in the 3'ear eighteen hundred and eighty-six divide said wards. 
city into seven wards so that they shall contain, as nearly 
as may be consistent with well defined limits to each ward, 
an equal number of votes in each ward. The city council 
may in the year eighteen hundred and ninety-one and 
ever}^ fifth year thereafter, make a new division of said 
wards, so that they shall contain, as nearly as may be con- 
sistent with well defined limits to each ward, an equal 
number of voters to each ward according to the census 
last taken previous thereto. Section 8. One alderman one alderman 

1,1 .1 11111 J? 1 and three com- 

and three common councilmen shall be chosen trom and mon counciimen 
by the qualified voters of each ward of the city, and shall from each ward. 
be residents of the wards where chosen. The said alder- 
men and common councilmen shall hold their offices for 
one year from the first Monday of January following their 
election, and until a majority of the new boards shall be 
elected and qualified. 

Section 2. This act shall be void unless the city subject to ac- 
council of said city of Maiden at a meeting called for that cu?rent vofe?°° 
purpose to be held within three months from the passage 
of this act, shall, by a vote of a majority of each branch 
of the city council present and voting thereon determine 
to adopt the same. 

Section 3. Any new division of wards established ^g^onmtygo 
under this act shall not go into effect before the tenth day 'Qto effect. 
of November after such division is made. 

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

Approved May 13, 1S86. 

An Act to authorize the county commissioners of Hampshire QJici't),201 

COUNTY TO BORROW MONEY TO BUILD A NEW COURT HOUSE. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners for the county commissioners 
of Hampshire are hereby authorized to borrow, upon the ^ss^oooforrnew 
credit of said county, a sum not exceeding eighty-five NorUiampTon! 



152 1886. — Chapters 202, 203. 

thousand dollars for the purpose of building a new court 
house in Northampton. 
porsmfaiex^ Sectiox 2. The commissioners of said county, upon 

peuses. the completion of said court house, shall return a sworn 

statement of their services rendered and personal expenses 
incurred in reference to the same to the board of county 
examiners, who shall audit and certify the same to the 
treasurer of said county, who shall pay them for such 
services and expenses from the treasury of said county, at 
the rate of five dollars per day each for each day spent 
therefor. Approved May 13, 1S86. 

ChupJ^O^ An Act to prohibit the seining of bluefish in the wateks of 

VINEYARD SOUND OPPOSITE THE TOWNS OF BARNSTABLE AND 
MASUPEE. 

Be it enacted, etc., asfoUo^vs: 

IshrelaivdldT Section 1. Whocvcr lu any inlet, bay or arm of the 
sea within three miles of the shore of Barnstable or Mash- 
pee, or in the waters of Vineyard Sound within three 
miles of the shore, of said towns, takes bhiefish with a 
seine or net of any kind, or for the purpose of taking blue- 
fish sets, stretches or draws a seine or net, shall be punished 
by a tine of one hundred dollars, and shall forfeit to the 
Commonwealth any fish so taken. 

SnaiT'!' °° ''^ Section 2. One-half of the penalty collected under 
this act shall be paid to the person or persons making the 
complaint, and the remainder to the county of Barnstable. 

Approved May 13, 188 6. 

ChCl7).2i03 -^^ ^^"^ '^^ AMEND SECTION ONE OF CHAPTER THREE HUNDRED AND 
FORTY-FIVE OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND 
EIGHTY-FIVE RELATING TO NATURALIZATION. 

Be it enacted, etc., as follows : 
Application to Scctlou ouc of chapter three hundred and forty-five of 
naturalization, the acts of the year eighteen hundred and eighty-five is 
amended so as to read as follows: — Section 1. The 
supreme judicial court, the superior court, district, police 
and municipal courts having common law jurisdiction, a 
seal and a clerk, may respectively have jurisdiction of 
primary declarations of intention of aliens to become citi- 
zens of the United States and final applications for natural- 
Proviso, ization of aliens : provided, however^ that no declaration 
or application shall be received by the supreme judicial or 



18SG. — Chapter 204. 153 

su])orior court unless the applicant resides in the county Applicant to be 

within which the court is held, nor by any district, police county or dig- 

or municipal court, unless the applicant resides in the courus'iTeid. 

district for which the court is established, or in some town 

in the same county not included in the district of any of 

said last mentioned courts. If the applicant does not 

reside in the district of any district, police or municipal 

court, application to any of said last named courts shall 

be made, in all cases, to the court held nearest to the 

town in which the applicant resides. 

Approved 3Iay 13, 18S6. 

An Act to authorize the town of Hudson to make an addi- QJici'n.204: 

TIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Hudson, for the purposes Town of Hud- 
mentioned in section five of chapter one hundred and an"add'mouai 
forty-nine of the acts of the year eighteen hundred and ^'»^"" '°'*'^- 
eighty-three, may issue notes, bonds or scrip to be denomi- 
nated on the face thereof Hudson Water Loan, to an 
amount not exceeding twenty-five thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by said town for the same purposes ; said notes, 
bonds or scrip, except as provided in section two of this 
act, 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 Hudson water loan by said town: provided, 
that the whole amount of such notes, bonds or scrip issued 
by said town, together with those heretofore issued by 
said town for the same purposes, shall not in any event 
exceed the amount of one hundred thousand dollars. 

Section 2. The said town instead of establishing a Mavmnkoan. 
sinking fund as required by said act, may, at the time of "t"%ay'mem8°"' 
contracting the loan authorized by this act, provide for the JX^n^'s "li.ikhlg 
payment thereof in such annual proportionate payments ^""<^'- 
as will extinguish the same within the time provided for 
the payment of the loan contracted by said town under 
said original 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 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 ; and the doings of said town 



J 5 1: 1886. — Chapters 205, 206. 

in contracting the loan authorized by said original act 
shall not be invalid by reason of the failure to establish a 
sinking fund to pay said loan at maturity, but said doings 
are hereby ratified and confirmed. 
f.'SL^^a Section 3. This act shall take eflfect upon its accept- 
iwo-thirds vote, aucc by a two-thirds vote of the voters of said town pres- 
ent and voting thereon at a legal town meeting called for 
the purpose within one year from its passage. 

Approved May 14, 1886. 

Chap.205 An Act to confirm the proceedings of the town meetings of 

CERTAIN TOWNS. 

Be it enacted, etc., as follows: 
Proceedings of SECTION 1. The proccediugs of the town meetings of 

town meGliQgs i. n c? 

conaimed. the sevcral towns held in the year eighteen hundred and 
eighty-six shall not be invalid for the reason that tellers 
were not appointed or if appointed were not sworn accord- 
ing to law to aid in checking the names of voters and in 
assorting and counting the votes ; and the election of the 
town officers at said meetings is ratified and confirmed. 
Section 2. This act shall take eflfect upon its passage. 

Approved May 14, 1886. 

Chcip.20G An Act to change the name of the dedham and hyde park gas 

COMPANY TO THE DEDHAM AND HYDE PARK GAS AND ELECTRIC 
light company, and TO AUTHORIZE SAID CORPORATION TO FURNISH 
ELECTRIC LIGHT. 

Be it enacted, etc., asfolloivs: 

Name changed. Section 1. The Dcdham and Hyde Park Gas Com- 
pany shall hereafter be called and known as the Dedham 
and Hyde Park Gas and Electric Light Company. 

Mny furnish Section 2. The Said corporation, in addition to the 

^ ° ' rights and powers conferred upon it by its original act of 
incorporation and the acts amendatory thereof, is hereby 
authorized to furnish the inhabitants of the towns of Ded- 
ham and Hyde Park, or either of them, with electric light. 

Maydigjp SECTION 3. Tbc Said corporatlon , fii'st havlug obtaiucd 

sent of select- thc couscnt in writing of the selectmen of the respective 
towns, is hereby authorized, under the direction and con- 
trol of the said selectmen, to dig up and open the grounds 
in any of the streets and highways thereof, so far as is 
necessary for the purpose of laying lines of wire to carry 
into effect the authority hereby given, and for the purpose 



men. 



1886. — Chapter 207. 155 

of keeping the said lines in repair, and to erect and main- 
tain linos of wire upon or above the surface of said streets 
and highways ; but such consent shall not affect the right 
or remedy to recover damages for an injury caused to 
persons or property by the doings of said corporation 
under the authority herein given. The said corporation Toputstrpetsin 
shall put all streets and highways, which are opened, into 8°*'^'**p^"- 
as good repair as they were in when opened ; and upon 
failure so to do withiu a reasonable time shall be deemed 
guilty of a nuisance. 

Section 4. When a party injured in his person or Recovery of 
property by a defect in a street or highway, caused by the 
operations of said corporation in laying down, erecting, 
maintaining or repairing its lines of wire, or otherwise 
obstructing such streets or highways, recovers damages 
therefor of the town wherein such injury is received, such 
town shall, in addition to the damages so recovered against 
it, be entitled to recover all the taxable costs of the plain- 
tiff and defendant in the same action, in a suit brought 
against said corporation, if said corporation be liable for 
said damages, and if reasonable notice is given by such 
town to it, so that it may defend the original action. 

Section 5. The selectmen of said towns respectively selectmen to 
may regulate, restrict and control all acts and doings of etcr *^°° '° ' 
said corporation which may in any manner affect the health, 
ifafety, convenience or property of the inhabitants of their 
towns. 

Section 6. Except as hereinbefore expressly provided, ^"tTe's"*"'^ 
said corporation shall have all the powers and privileges 
and be subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or hereafter 
may be in force relating to electric light companies. 

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

Approved May 14, 1886. 



Cliaxy.lOl 



An Act for the better protection of public records. 
Be it enacted, etc., as foUoivs : 

Section'!. When in the opinion of a judge of the su- Additional 

■,..-, ,.1 ij- •It ^ accommoda- 

preme jnaicial court the accommodations provided under uons for public 



section three of chapter thirty-seven of the Public Stat 
iites are insufficient, he shall, on application of either the 
clerk of the courts, register of deeds or judge of probate 
of the county, certify the need of additional accommoda- 
tions to the county commissioners of such county, who 



records. 



156 



1886. — Chapteks 208, 209. 



Town may 
make au addU 
tional water 
loan. 



shall thereupon proceed forthwith to provide such addi- 
tional fireproof rooms and other accommodations as may 
be necessary. 

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

Approved May 14, 1886. 

Cha7)-20S ^N Act to authorize the town of nokwood to make an 

ADDITIONAL WATER LOAN. 

Be U enacted etc. , as follows : 

Section 1. The town of Norwood for the purposes 
mentioned in section five of chapter eighty-two of the acts 
of the year eighteen hundred and eighty-five may issue 
bonds, notes or scrip, to be deuominftted on the face 
thereof Norwood Water Loan, to an amount not exceed- 
ing twenty-five thousand dollars in addition to the amounts 
heretofore authorized by law to be issued by said town for 
the same purposes ; said bonds, notes or scrip to be issued 
upon the same terms and conditions and with the same 
powers as are provided in said act for the issue of the 
Norwood water loan by said 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 thousand dollars. 

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

Approved May 14, 1886. 



Whole amount 
nr>t to pxceed 

$100,000. 



(7/itt».209 ^^ -^^^ AUTHORIZING CORPORATIONS TO ISSUE SPECIAL STOCK TO BE 

HELD BV THEIR EMPLOYEES ONLY. 



SpecinI stock 
miiy be issued 
to employees. 



Dividends. 



Be it enacted, etc., as follows: 

Section 1. Every corporation created under the pro- 
visions of chapter one hundred and six of the Public Stat- 
utes, by a vote of its general stockholders at a meeting 
duly called for the purpose, may issue special stock to be 
held only by the employees of such corporation. The par 
value of the shares of such special stock shall be ten dol- 
lars, and the purchasers thereof may pay for the same in 
monthly instalments of one dollar upon each share. Such 
special stock shall not exceed two-fifths of the actual cap- 
ital of the corporation. 

Section 2. Whenever a dividend is paid by such cor- 
poration to its stockholders, the holders of such special 
stock shall receive upon each share, which has been paid 



1886. — Chapters 210, 211. • 157 

for in full in time to be entitled to a dividend, a sum 
Avhioh shall hear such proportion to the sum paid as a div- 
idcird upon each share of the general stock of such corpo- 
ration a!4 the par value of the shares of such special stock 
bears to the par value of the shares of such general stock. 

Section 3. The shares of such special stock shall not share-, not to be 

-, f -t 1 /»i Iriinstfrrt'il vx- 

be sold or transferred except to an employee or such cor- cept to the cor- 
})oratious or to the corporation itself. Any corporation an^npiuyee? 
issuing such special stock may provide by its by-laws as 
to the number of shares which may be held by any one 
employee, the methods of transfer and the redemption of 
such stock in case any person holding the same shall cease 
to be an employee of the corporation. 

A2^x>roved May 14^ 1SS6. 



Chap.210 



An Act to extend the duration of the lien of assessments 
for main drains or common sewers. 

Be it enacted etc., as follows: 

Section I. Section five of chapter fifty of the Public AsspssmentMo 
Statutes is hereby amended so that assessments for main fo^two'j^eaie'.'^" 
drains and common sewers hereafter made, shall consti- 
tute a lien on the real estates assessed for two years in- 
stead of one year. 

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

Approved May 14, 1886. 

An Act to incorporate the hassanamisco water company. (JJiQi:t 9|1 

Be it enacted, etc., as follows : 

Section 1. Solon F. Smith, Herbert F. Keith, Daniel ^X?com'° 
N. Gibbs, Herbert F. Allen, George W. Fisher, James i^ny, incor- 
Boyle, Joseph A. Dodge and their associates and succes- 
sors are hereby made a corporation by the name of the 
Hassanamisco Water Company, for the purpose of sup- 
plying the inhabitants of the town of Grafton with water 
for the extinguishment of fires, and for domestic and other 
purposes, with all the powers and privileges, and subject 
10 all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
applicable to such corporations. 

Section 2. The said corporation, for the purposes May take water 
aforesaid, may take, by purchase or otherwise, and hold misco brook ia 
the water of George or Misco brook, so called, within the 
limits of the town of Grafton, and the water rights con- 



158 



1886. — CnAPTEE 211. 



May make ex- 
cavations. 



May lay down 
conduits. 



May dig up 
lands under di- 
rection of the 
selectaien. 



To cause to be 
recorded in the 
registry of 
deeds a descrip- 
tion of the land, 
etc., taken. 



Payment of 
damages. 



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 ; and may erect on the land thus taken or held, 
proper dams, buildings, fixtures and other structures ; and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective waterworks ; and may construct and lay 
down conduits, pipes and other works, under or over any 
lands, water courses, railroads or pul)lic or private ways, 
and along any such ways in such manner as not unnec- 
essarily 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 corporation may dig up 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 hin- 
drance 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 reg- 
istry of deeds for the county and district within whicii 
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 
no such application shall be made after the expiration of 



1886. — Chapter 211. 159 

said three years. No application for assessment of dam- no appiicnion 
ages shall be made for the taking of any water, water right, i"e^iiad'e''umii" 
or for any injury thereto until the water is actually with- wubdrawn'"""^ 
drawn or diverted by said corporation under the authority 
of this act. 

Sectiox 5. The said corporation may distribute water May distribute 
through said town of Grafton, may regu kite the use of said .^fd^irut rates 
water'; and fix and collect rates to be paid for the use of ^"^ "'" ''^ "^" 



same. 



the same ; and may make such contracts with the said 
town or with au}^ fire district that may hereafter be estab- 
lished in said town, or with any individual or corporation, 
to supply water for the extinguishment of fire or for other 
purposes, as may be agreed upon by said town or fire dis- 
trict, individual or corporation, and said water company. 

Sectiox 6. The said corporation may, for the pur- Reai estaf and 
poses set forth in this act, hold real estate not exceeding 
in amount ten thousand dollars ; and the whole capital 
stock of said corporation shall not exceed thirty thousand 
dollars, to be divided into shares of one hundred dollars 
each. Said corporation may issue bonds bearing interest May issue 
at a rate not exceeding six per cent, per annum, and se- 
cure 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. 

Sectiox 7. Whoever wilfully or wantonly corrupts. Penalty f.,r 
pollutes or diverts any of the waters taken or held under diverting wut^r. 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Sectiox 8. The said town of Grafton and any fire dis- Town, etc., may 
trict that is or may hereafter be established in said town cii'ise and plui - 
and supplied with water by said corporation shall have the *'"^" 
right at any time to purchase of said corporation its fran- 
chise, corporate property, and all its rights, powers and 
privileges, at a price which may be mututdly agreed upon 
between said town or such fire district and said corpora- 
tion, and may have a like right to purchase their interest 



160 



1886. — Chapter 211, 



icgiee, compen 
Billion to be 
tixed }>y com- 
missioneis. 



from the mortsaijees after foreclosure of any mortsfaffe aii- 
thorized by section six of this act ; and said corporation is 
authorized to make sale of the same to said town or to 
If parties fail to such firc district. If said corporation or said mortgagees, 
as the case may be, and said town or such fire district are 
unable to agree, then the compensation to be paid shall be 
determined by three conmiissioners, to be appointed by 
the supreme judicial court upou the application of said 
town or such tire district, and notice to the other party, 
whose award, when accepted by said court, shall be bind- 
ing upon all parties. If said corporation shall have issued 
bonds under the provisions of section six 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 if 
the same were uneuLumbered, 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 or such fiie dis- 
trict 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 nine ; but if the value so found shall 
be less than the amount of such mort2:ao:e debt, then said 
town or such fire district 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 or 
such fire district shall thereupon hold and possess such 
franchise and all said corporate property, rights, powers 
and privileges unencumbered and discharged from any 
trust. The right to purchase as aforesaid is granted on 
condition that the same be authorized by a two-thirds vote 
of the voters of said town or such fire district present and 
voting thereon at a meeting called for that purpose. 

Section 9. The said town or such fire district may, 
for the purpose of paying the cost of said franchise and 
corporate property, and the necessary expenses and liabil- 
ities incurred under the provisions of this act, issue from 
time to time, bonds, notes or scrip, to an amount not ex- 
ceeding in the aggregate thirty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 



Subject to a 
two thirds vote 



Town or district 
may issue bonds 
not exceeding 
S30,000 at i-ix 
per cent, inter- 
est. 



1886. — Chapter 211. . 161 

Grafton Water Loan, shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue, 
shall bear interest payable senii-annnally at a rate nut 
exceeding; six per centum per annum, and shall be signed 
by the treasurer of the town or such tire district, and 
countersigned by the water commissioners hereinafter pro- 
vided for. The said town or such tire district may sell 
such securities at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
The said town or such tire district shall provide, at the to establish a 
time of contracting said loan, for the establishment of a ""^'"sf""'^- 
sinking fund, and shall annually contribute to such fund a 
sum sutHcient, 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. 

iSEcnox 10. The said town or such fire district, in- May make an- 
stead of establishing a sinking fund, may, at the time of uonauJpay"^' 
authorizing said loan, provide for the payment thereof in ^B^abnlwn'g^'^ ''^ 
such annual proportionate payments as will extinguish the sinking fund. 
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 in- 
curred 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 Pu])lic Statutes. 

Section 11. The return required by section ninety- Return to state 
one of chapter eleven of the Public Statutes shall state h^Tund^esub. 
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 cur- 
rent year. 

Section 12. The said town or such fire district shall ^;°/b';ta''xT' 
raise annually by taxation a sum which, with the income tion etc., sum. 

1 . -. ., 1 .,, >• • cient to pay 

derived trom the water rates, will be sufiicient to i:)ay the current ex. 

, 1 ^ .• -. A. II penses and 

current annual expenses ot operating its water works, and interest. 
the interest as it accrues on the bonds, notes and scrip 
issued as aforesaid by said town or such fire district, and 
to make such contributions to the sinking fund and pay- 
ments on the principal as may be required under the pro- 
visions of this act. 



162 



1886. — Chapter 211. 



Water comraig- 
pioners to be 
elected. 



To be trustees 
of sinking fund. 



Vacancies in 
board. 



Security for 
payment of 
damages may be 
required. 



Work to be 
commenced 
•within two 
years. 



Section 13. The said town or such fire district shall, 
after its purchase of said franchise and corporate property, 
as provided in this act, at a legal meeting called for the 
purpose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expira- 
tion of two years, and one until the expiration of one 
year from the next succeeding annual toAvn meeting or an- 
nual meeting of such fire district, to constitute a l)i)ard of 
water commissioners ; and at each annual town meeting 
or annual meeting of such fire district thereafter, one such 
commissioner shall be elected by ballot for the term of 
three years. All the authority granted to the said town 
or such fire district by this act and not otherwise specifi- 
cally provided for, shall be vested in said water commis- 
sioners, who shall be subject however to such instructions, 
rules and regulations as said town or such fire district 
may impose by its vote ; the said commissioners shall be 
trustees of the sinking fund herein provided for, and a 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring 
in said board from any cause may be filled for the re- 
mainder of the unexpired term by said town or such fire 
district at any legal meeting of said town or of such fire 
district called for the purpose. 

Section 14. 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 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 commissioners shall 
in like manner require further security, if at any time the 
security before required appears to them to have become 
insufiicient ; and all the right or authority of said corpo- 
ration 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 15. This act shall take effect upon its jias- 
sage, but shall become void unless work under this act is 
commenced within two years from the date of its passage. 

Approved May 14, 1886. 



1886. — Chapter 212. 1G3 



An Act i>^ addition to an act making appropriations foii (Vfn^j 919 

EXPENSES authorized THE PliESENT YEAR, AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes speci- 
fied in certain acts and resolves of the present year, and 
to meet certain other expenses authorized by law, to 
wit : — 

For Lawrence N. Duchesney, the sum of thirty-two Lawrence n. 
dollars and sixteen cents, as authorized by chapter twenty "'' '^*"*^' 
of the resolves of the present year. 

For Philomena E. Nolan, an annuity of seventy-two PhiiomenaE. 

. Nolan 

dollars, as authorized by chapter twenty-one of the re- 
solves of the present year. 

For the Bennington battle monument association in the Benninsrton 
state of Vermont, the sum of ten thousand dollars, as au- a^sociauon. 
thorlzed by chapter twenty-two of the resolves of the 
present year. 

For James H. Willey, the sum of two hundred and fifty James h. wii- 
dollars, as authorized by chapter twenty-three of the re- 
solves of the present year. 

For expenses in connection with painting portraits of gpel'^era for 
Speakers Sedo-wick, Yarnum and Banks for the n.-itional thenauonai 

1 • r~t T I capital. 

capitol at uashuigton, D. C, a sum not exceeding three 
thousand dollars, as authorized by chapter twenty-five of 
the resolves of the present year. 

For printino" additional copies of the report of the com- Survey and map 

'■ . 1 J 1-1 1 i'Ar"^ Massachu- 

missioners on the topographical survey and map ot Mas- setts. 
sachusetts, a sum not exceeding ten dollars, as author- 
ized by chapter twenty-six of the resolves of the present 
year. 

For Mary McGrath, an annuity of one hundred dollars, M.ary McGrath. 
as authorized by chapter twenty-eight of the resolves of 
the present year. 

For moving and repairing the barn, for the erection of stitework- 
a stable and sheds and a ])uiIdino^ for the storage of coal water/ "'^^' 
at the state workhouse at Bridgewater, a sum not exceed- 
ing five thousand dollars, as authorized by chapter thirty- 
three of the resolves of the present year. 

For the Massachusetts aijricultural college, the sum of AsHcuiturai 
ten thousand dollars, as authorized by chapter thirty-four 
of the resolves of the present year. 



164 



1886. — Chapter 212. 



Lyman Bchool 
for boys. 



Edward P. Lor- 
ina and Charles 
Theodore Rus- 
Bell, jr. 



Reports of cases 
of contesied 
elections. 



Town of Mon- 
roe. 



Soldiers* mes- 
senger corps. 



State board of 
health. 



Doorkeepers, 
messengers and 
pnges. 



State board of 
health. 



For the completion of buildings and for the construction 
of a chapel for the Lyman school for boys at Westborough, 
a sum not exceeding fifteen thousand five hundred dollars, 
as authorized by chapter thirty-five of the resolves of the 
present year. 

For Edward P. Lorinff of Fitchburo- and Charles Theo- 
dore Russell, jr. of Cambridge, the sum of one thousand 
three hundred and seventy-five dollars each in full com- 
pensation for their services and clerical assistance in pre- 
paring and publishing the edition of the reports of the 
cases of contested elections of the legislature ; also for 
printing one thousand additional copies of the edition 
aforesaid, a sura not exceeding eleven hundred and fifty 
dollars, as authorized by chapter thirty-six of the resolves 
of the present 3^ear. 

For the town of Monroe, the sum of two thousand dol- 
lars, as authorized by chapter thirty-eight of the resolves 
of the present year. 

For the sokliers' messenger corps, a sum not exceeding 
eight hundred dollars, as authorized by chapter thirty- 
nine of the resolves of the present year. 

The ai)propriation for salaries and expenses in the 
health department of the state board of health, lunacy 
and charity, and for salaries and expenses in connection 
with the inspection of milk, food and drugs, as authorized 
by chapter twent3^-three of the acts of the present year, 
also the appropriation for the year eighteen hundred and 
eighty-five, in relation to Asiatic cholera, authorized by 
chapter fifty-six of the said year, all of which were to have 
been expended under the direction of the state board of 
health, lunacy and charity, shall now be expended under 
the control and direction of the state board of health, es- 
tablished by chapter one hundred and one of the acts of 
the present year. 

For the compensation of doorkeepers, messengers and 
pages to the present legislature, a sum not exceeding 
fourteen thousand dollars, being in addition to the ten 
thousand dollars appropriated by chapter two of the acts 
of the present year. 

For travelling and incidental expenses of the members 
of the state board of health, a sum not exceeding eight 
hundred dollars, as authorized by section three, chapter 
one hundred and one of the acts of the present year. 



18S6. — Chapter 213. 165 

For salaries and expenses of airents for the commis- Commissioners 

i* Ci i^ • I i. T j-1 1 of State aid. 

sioiiers or btate aid, a sum not cxceodini*: one tliousand 
dollars, as authorized by chapter one hundred and ten of 
the acts of the present year, being in addition to the four 
thousand seven hundred dollars appropriated by chapter 
one of the acts of the present year. 

For clerical assistance in the office of the register of pr^fbal^fof 
probate and insolvency for the county of Essex, a sum Essex county. 
not exceeding one thousand dollars, as authorized by 
chapter one hundred and fourteen of the acts. of the pres- 
ent year. 

For authorized expenses of committees of the ]n-esent foLimiueesf 
legislature, a sum not exceeding three thousand dollars, 
being in addition to the five thousand dollars appropriated 
by chapter two of the acts of the present year. 

For expenses in connection with ascertaining and es- New Hampshire 

.,,.,. '■., . . .T,. ,, -, ^^ 1 J boundary line. 

tablishuig the true jurisdictional boundary line between 
this Commonwealth and the state of New Hampshire, a 
sum not exceeding three thousand dollars. 

For the payment of certain bills for rei^airs, improve- Repairs, im 
ments and furniture at the state house, and for carting etc, at the ' 
away ashes, all of which were contracted in the year 
eighteen hundred and eighty-five, but were not rendered 
in season to be reported in the deficiency bill of the pres- 
ent year, the sura of two thousand five hundred and 
seventy-five dollais and eighty-five cents. 

For printing and binding two thousand copies of the commission on 

. 1^ .1 • • -iTv •! i svMtem of drain 

report ot the commission appointed to consider a system age. 
of drainage for the valleys of the JNIystic, Blackstone and 
Charles rivers, the sura of one thousand and four dolhirs 
and eighty cents. 

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

Approved May 14, 1SS6. 

An Act extexdixg the time in avhich the city of cambkidge C7l(ip.21S 

SHALL MAKE A REVISION OF ITS WARD BOUNDARIES AND AN 
APPORTIONMENT OF MEMBERS OF ITS COMMON COUNCIL IN TUE 
YEAR EIGHTEEN HUNDRED AND EIGHTY-SIX. 

Be it enacted, etc., as follows : 

Sectiox 1. The limit of time granted the city council u,r"',evi8ion1ff*^ 
of Cambridge in which to make a revision of its ward wardbonnd- 

1 1 • 1 • n • aries. 

boundaries and an apportionment of members of its com- 
mon council in the year eighteen hundred and eighty-six 



1G6 1886. — Chapters 2U, 215. 

is hereby extended to the twenty-sixth day of May in the 
year eighteen hundred and eighty-six. 

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

Ap2^'>'oved May 14, 1886. 

Chcip.2il4: ^^ Act pkoviding for publishing repokts of capital tuials. 

Be it enacted, etc., as follows : 
Reports of capi- Section 1. The attomev-Sfeneral, with the approval 

tal trials may l^e .^ iii-i 

pubiii-hed by of tlic govcmor and council, may prepare and publish 
general." such rcports of Capital trials in the Commonwealth as he 

deems expedient for public use, to be distributed one copy 
each to the various public and law libraries in the Com- 
monwealth, and the balance may l>e sold, or otherwise 
disposed of, at the discretion of the secretary of tlie Com- 
Pioviso. monwealth : jjrovided, that not more than fifteen hundred 

dollars shall be expended in any one year in carrying out 
the provisions of this act. 

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

Approved May 14, 1886. 

Chap.215 ^^ A^'^ '^^ AMEND AN ACT TO PROVIDE FOR ENLARGING THE JAIL 
AND HOUSE OF CORRECTION AT NEW BEDFORD IN THE COUNTY 
OF BRISTOL. 

Be it enacted, etc., asfoUoics: 
Jail and house Section 1. Chapter one hundred and fifty-two of the 

01 correction in ^ i ^ "^ . , 

New Bedford to acts of the currcut year is hereby amended by strikino^ out 
the first section and inserting in })lace thereof the following : 
— /Section 1. The county commissioners of the county of 
Bristol are hereby authorized and required to enlarge the 
jail and house of correction at New Bedford, )>y construct- 
ing upon the premises now occupied by the jail and house 
of correction, a new building, fronting upon Ash street. 
Said jail and house of correction shall contain not less 
than three hundred and fifty cells, including those in the 
part of the prison now used for female prisoners, and 
those in the present "new prison," so called. Said 
county commissioners shall also remove the present stone 
jail, and provide for a suitable wall on and about the prem- 
ises. 

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

Approved May 14, 1886. 



1886. — Chapters 216, 217. 167 



An Act relative to the appointment of a law clerk as an CJiap.2ilG 

ASSISTANT IN THE ATTORNEY-GENERAL'S DEPARTMENT. 

Be it enacted, etc., asfoUoivs: 

Sectiox 1. The attorney-ijeneral is hereby author- Lawcierkfor 

v^ *' the ftttorntv- 

ized to appoint a law clerk as an assistant at an annual general. 
salary of one thousand dollars. 

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

Approved May 14, 1886. 

An Act relating to the drainage of east boston. (JhapJ^iM 

Be it enacted, etc., asfoUoios: 

Section 1. The city of Boston may discharo-e the Drainage of 

■ »/ cj East Boston 

sewage of that part of the city of Boston known as East 
Boston into the channel on the southerly or westerly side 
of said East Boston, at a point beyond the harbor com- 
missioners' line. 

Section 2. Said city may take by purchase or other- cuy may take 

1 T . , , 7, 1 /• lands and rights 

Wise an}^ lands, rights ot way or easements necessary tor of way. 
the carrying out of the purposes of this act. When any 
lands, rights of way or easements are so taken in any 
manner other than by purchase, said city shall, within 
thirty days after such taking, file in the registry of deeds 
for the district in which said lands, rights of way or ease- 
ments lie, and cause to be recorded a description of the Description of 

. . . . T . n land taken, to be 

same as certain as is required in a common conveyance ot recoidedsu 
land, with a statement of the purposes for which the same deu'ds'^^^ 
is taken. Said city shall pay all damages that shall be 
sustained by any person by reason of such taking, the 
same to be ascertained and determined in the manner pro- 
vided for ascertainino; and determining damao-es in the 
case of laying out, altering or discontinuing highways in 
said city. 

Section 3. All structures or excavations under or structures, etc., 
over tide w^ater made for the purposes aforesaid shall be approval of bar. 
subject to the approval of the board of harbor and land commissioners. 
commissioners. 

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

Approved May 14, 1886. 



168 188G. — Chapters 218, 219. 



C/ia».218 ^^ ^^"^ "^^ REQUIRE THE COUNTY OF PLYMOUTH TO PROVIDE A SUIT- 
AliLE PLACE FOR THE SITTINGS OF THE SUPERIOR COURT, IN THE 
CITY OF BROCKTON. 

Be it enacted, etc., as follows : 
PHcetobe Section 1. The county commissioners of Plymouth 

hoiiing superior countj are hereby authorized and directed to provide a 
courcia Brock- ^^^^^^^^^^ p|j^cg j^^ jl^g city of Brocktou for the hokling of 

the sittings of the superior court which are now adjourned 
from Plymouth in said county to said city '.provided, that 
nothino; herein contained shall authorize the erection or 
purchase of any building by said commissioners. 
RepeaL SECTION 2. So much of scctiou ouc of chapter one 

hundred and thirty-four of the acts of the year eighteen 
hundred and eighty-tive as provtded that the city of 
Brockton should provide and maintain suitable accommo- 
dations for said court, the same to be at no expense to 
said county, is hereby repealed. 

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

Approved May 14, 1886. 



(J]iaj).^\9i An Act to provide a building f 



FOR the chronic INSANE AT THE 
STATE WORKHOUSE AT BRIDGEWATER. 

Be it enacted, etc., as follows: 
Building to be Section 1. Thd'c shall bc crcctcd and established in 

Greeted for 

chronic insane conncctiou witli tlic liospital and almshouse department of 
houle? ^°'^'^' the state Avorkhouse at Bridgewater, a building which 
shall accommodate not less than one hundred and twenty- 
five chronic insane men of the pauper and harmless 
classes, who may be transferred from the state almshouse 
and the several lunatic hospitals in the manner provided 
in section nine of chapter seventy-nine of the Public Stat- 
utes. Said building wiieii completed shall be a part of 
said state workhouse, and maintained and managed as is 
now provided by law. 
Not exceeding SECTION 2. A sum iiot exceeding fifty thousand dol- 
expendeT^ '^ lai'S may be expended under the direction of the trustees 
and superintendent of said institution, for the purposes 
mentioned in this act ; but the plans and specitications 
for said building shall be approved by the governor and 
council previous to the making of a contract for the erec- 
tion of the same. 



1886. — Chapter 220. 169 

Section 3. This act shall take effect, so far as it relates Tmnsforof in- 
to the erection and furnishing of said building, upon its blliuitng ircom- 
passage ; and for the transfer of inmates thereto, Avhen p'*'^'''^- 
said building shall have been completed. 

Approved May 14, 1886. 

An Act to hatiky and conkujm tue action of the town of (7/irt/).220 

MAKLBOKOUGII, IN RELATION TO ITS WATER SUl'PLY. 

Be it enacted, etc., as follows: 

Sectiox 1. The taking of certain lands, water, water Action of Mari- 
sources and water rights, by the town of Marlborough, tion*'uf takin^^ ^' 
under the authority of chapter one hundred and ninety- waf/rruppiy,"^ 
one of the acts of the year eighteen hundred and eighty, contirraed. 
entitled "An Act to supply the town of Marlborough 
with pure Avater" ; which taking, with a description of the 
lands, water, water sources and water rights so taken, 
signed by the selectmen of said town, was filed in the 
registry of deeds for the southern district of the county of 
Middlesex on the eighth day of November in the year 
eighteen hundred and eighty-four ; shall not be deemed 
invalid for the reason that the said description of said 
taking was not filed in said registry of deeds within ninety 
days after the time of taking said lands, water, water 
sources and water rights, as required by the said act. 
And said taking is hereby 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 all the 
acts and proceedings of said town, and of its inhabitants, 
and of its officers and agents, done and had in pursuance 
of the provisions or in carrying out the purposes of said 
act, are hereby ratified, confirmed and made valid. 

Section 2. Nothing herein contained shall be con- Right to recover 
strucd to affect the right of any person who has sustained asvTifd!"" 
damages in property by the taking of any lands, .water, 
water sources, water rights or easements, or 1>y any other 
thing done by said town under the authority of said act, 
to recover such damages from said town. Any person 
who has sustained damages as aforesaid, who cannot agree 
with said town upon the amount of the damages to be paid 
therefor, may have such damages assessed and determined 
in the manner provided in section three of said act, upon 
application at any time within one year from the passage 
of this act, but not thereafter. 

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

Approved May 17, 1886. 



170 



1886. — Chapters 221, 222. 



Town of Chat- 
liam may take 
stock in a rail- 
road corpora- 
tioD. 



SuViject to ac- 
ceptance by a 
two-thirds vote. 



Proviso. 



CJJiar>.'2'2i\. -^^ ^^^ "^^ AUTHORIZE THE TOWN OF Cri.A.TnAM TO TAKE STOCK IN A 

RAILROAD CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Cheatham is authorized to sub- 
scribe for and hold shares of the capital stock or securi- 
ties of a railroad corporation to be formed for the purpose 
of the construction and equipment of a railroad from the 
village of Chatham in said town to some convenient point 
on the line of the Old Colony Railroad in the town of Har- 
wich, to an amount not exceeding five per cent, of the 
valuation of said town of Chatham for the year eighteen 
hundred and eighty-five : provided, that two-thirds of the 
legal voters of said town of Chatham, present and voting 
by ballot and using the check list, at a legal meeting 
called for the purpose, and held in like manner as meet- 
ings for the choice of municipal officers are held therein, 
vote so to subscribe ; and provided, further, that parties 
other than the town of Chatham shall subscribe for the 
capital stock or securities of such corporation as aforesaid 
to an amount not less than twenty-five thousand dollars, 
such subscriptions to be approved by the railroad com- 
missioners. 

Section 2. The town of Chatham may raise money to 
pay for the stock or securities subscribed for as above 
provided by tax or by loan, and may issue its notes or 
bonds for such loan and may hold and dispose of such 
stock or securities in like manner as other town property. 
And the selectmen of said Chatham, or such other persons 
as the town may appoint, may represent the town at all 
meetings of the corporation to be formed as aforesaid and 
vote upon all the shares owned by the town. 

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

Approved May 18, 1886. 

(J]ian.2i2i2i ^^^ ^^"^ extending the powers of CERTAIN INSURANCE COMPANIES. 

Beit enacted, etc., as folloivs : 
Certain com- Section 1. Scctiou eiofhtv-eiirht of chapter one hun- 

panies with i i i • o .' o i 

guaranty capital di'cd aud nineteen of the Public Statutes is hereby amend- 
in Canada, ed by adding at the end of said section the words : - — and 
^n ^l///c//.i Canada, — so that the same shall read as follows: — Any 
J " such company maj^ issue policies on any property in- 
cluded in the terms of its charter or certificate of organ- 



May r.aise 
money by tax or 
by loan. 



1886. — Chapters 223, 224, 225. 171 

izntion, situated in the New England states, New York, 
New Jersey and Pennsylvania. Those insuring only 
manufaeturing property, and those having a guaranty 
capital may insure property located in any part of the 
United States and Canada. 

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

Ap2yroved May IS, 1886. 

An .\ct relative to the issuing of ruocEss by tue clekks of (7Aa79.223 

CERTAIN COLKTS. 

Be it enacted, etc., as foUoivs : 

When, in the opinion of a justice of the supreme judicial j^^'u^^^jnTouX 
court or of the superior court, it is important that a writ ^','[^,'ig ^.""tead^of 
or other process should be speedily issued, he may, by that where 

•11 T • IT 1 iiix'i.1 cause IS pend- 

special order, direct it to be done by the clerk ot the ing. 
court in the county where he is sitting, instead of that in 
"«'hich the cause is pending ; and such order shall be trans- 
mitted by the clerk to whom it is directed to the clerk 
where the cause is pending, to be filed and recorded with 
the other papers in the case. Approved 3fay 20, 1886. 

An Act relating to commitments for contempt of court. Cll<xp.^^4z 
Be it enacted, etc., as follows : 

Commitments for contempt of court may be made to commitments 
any jail in the Commonwealth; and processes issued in coun."'^'^'"'" ° 
proceedings relating to alleged contempts may be served cesT*"^ °^ ^'^°' 
by any sheriff or deputy sherifi'to whom they are directed 
in any other county as well as in that for which such 
sheriff or deputy sheriff is chosen or appointed. 

Approved May 20, 1886. 

An Act to grant additional powers to the marbleuead gas (JJiap,2.2.b 
light company and to change its name. 

Be it enacted, etc., as foUovjs : 

Sectiox 1. The Marblehead Gas Light Company Name changed. 
shall hereafter be called and known as the Marblehead 
Gas and Electric Light Company. , 

Section 2. The said cor[)oration, in addition to the May furnish 
rights and powers conferred upon it by its original act of '""''"'' '^ '• 
incorporation and the acts amendatory thereof, is hereby 
authorized to furnish the inhabitants of the town of 
Marblehead with electric lii^ht. 



172 



1886. — Chapter 225. 



May dig up 
streets under 
direction of the 
selectmen. 



Stfpets to be put 
ill good repair. 



Recovpry of 
damages and 
co^ts fur injury 
from defect in 
highway. 



.Selectmen may 
regulate, etc. 



Powers and 
duties. 



Section 3. The said corporation, first having ob- 
tained the consent in writing of the selectmen of said 
town, is hereby anthorized, nnder the direction and con- 
trol of the said selectmen, to dig up and open the grounds 
in any of the streets and highways thereof, so far as is 
necessary for the purpose of laying lines of wire to carry 
into elfect the authority hereby given, and for the purpose 
of keeping the said lines in repair ; and to erect and 
maintain lines of wire upon or above the surface of said 
streets and highways; but such consent shall not affect 
the right or remedy to recover damages for an injury 
caused to persons or property by the doings of said cor- 
poration under the authority herein given. The said 
corporation shall put all streets and highway's which are 
opened into as good repair as they were in when opened, 
and upon failure so to do wiihin a reasonable time shall 
be deemed guilty of a nuisance. 

Section 4. When a party injured in his person or 
property by a defect in a street or highway, caused by 
the operations of said corporation "in laying down, erect- 
ing, maintaining or ret)airing its lines of wire, or other- 
wise obstructing such street or highways, recovers 
damages therefor of the town, said town shall, in addition 
to the damages so recovered against it, be entitled to re- 
cover all the taxable costs of the plaintiff and defendant 
in the same action, in a suit brought against said corpora- 
tion, if said corporation be liable for said damages, and if 
reasonable notice is given by said town to it, so that it 
may defend the original action. 

Section 5. The selectmen of said town may regulate, 
restrict and control all acts and doings of said corporation 
which may in any manner afiect the health, safety, con- 
venience or pro2)erty of the rnha])itants of said town. 

Section 6. Except as hereinbefore expressly pro- 
vided, said corporation shall have all the powers and 
privileges, and be subject to all the duties, restrictions 
and liabilities set forth in all jxeneral laws which now are 
or hereafter may be in force relating to electric light 
companies. 

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

Approved May 20, 1SS6. 



1886. — Chapters 226, 227. 173 



An Act in relation to the oaue ok jails and houses of cor. (JJiap.22(j 

RECTION. 

Be it enacted, etc., as folloics: 

Sectiox 1. Section thirtj^-six of chapter two hundred house8"o^fcor. 
and twenty of the Public Statutes is amended by strikin<2: rccuontobe 

•^ . . 1 V kept clean. 

out the words " and shall cause the whole interior thereof, 
including the floors, to be thoroughly whitewashed with 
lime, at least twice in each year, and the walls and floors 
of each room, while any person is confined therein, to be 
so whitewashed once in each month, between the first of 
]May and the first of November", so that the first clause 
of said section shall read as follows : — Section 36. The 
keeper of each jail and the master of each house of cor- 
rection shall, at the expense of the county, see that the 
same is constantly kept in as cleanly and healthful a con- 
dition as may be. 

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

Approved May 20, 1886. 



C1iap.2Tl 



An Act to autuorize the boston water power company to 
issue preferred stock. 

Be it enacted, etc., as folloivs : 

Section 1. The Boston Water Power Company is May if.8ue shares 
authorized, by a vote of a majority in interest of its siock!^''"^'^ 
stockholders present and votino; at a meetins: dulv called 
for that purpose, to issue not exceeding eighty thousand 
shares of preferred stock of the par value of twenty-five 
dollars each, the holders of which shall be entitled to 
receive out of the net receipts of the company, dividends 
at the rate of six per cent, per annum, the same to be 
paid in semi-annual instalments in such sums as the di- 
rectors of said corporation may determine, and if the 
receipts of any year shall not be sufhcient to pay said 
dividends the same shall be cumulative and payable out 
of the receipts of any subsequent year but without inter- 
est, said dividends, accumulations and the principal of 
said preferred stock to take priority over the principal 
of or dividends on all other stock of said company. 

Section 2. Said stock may be paid for in mortgage stock may bo 
bonds of said company, taken at par and accrued interest, Efortg?.g.''bond8 
or in cash, and the proceeds thereof used for the payment °''^"«'«^- 
of taxes and such other purposes for which the company 
is authorized to spend money. 



174 



1886. — Chapter 228. 



hereupon 
shall be can- 
celled. 



May sell land 
and tnke pre- 
ferred slock in 
payment. 



m-^'bTpailTfor Sectiox 3. The company shall have the right from 
by the company tiuic to time to pav the priiiciijal, dividends and accu- 

and thereupon , ^ i •/ x i ' 

niulations of said preferred stock, and the board of 
directors are hereby authorized before the issue of said 
preferred stock to determine by by-law or otherwise 
what shares of said stock shall be paid, and after notice 
mailed to the address of the stockholders as they shall 
appear on the books of the company, all further divi- 
dends and accumulations on said shares to be paid shall 
cease. All preferred stock paid shall be immediately 
cancelled by said company. 

Section 4. The company may from time to time sell 
any portion of its lands at public auction and take in pay- 
ment therefor said preferred stock at its par value and 
accrued interest: 7?ro';u/e<?, that in every such sale the 
price obtained in preferred stock at par and accrued 
interest shall bear the same or a greater proportion to 
the whole amount of the preferred stock then outstand- 
ing at its par value, with interest thereon, together with 
all indebtedness of the company, as the assessed value 
of the land sold bears to the assessed value of the whole 
property. All preferred stock so taken shall be immedi- 
ately cancelled. 

Section 5. Owners of said preferred stock shall have 
all the rights of voting and transfer which are or may be 
enjoyed by the owners of the common stock of said cor- 
poration, and said preferred stock shall be counted with 
the common stock in all questions • of majorities and 
quorums. Appro oed May 20, 18S6. 



nights of own- 
ers. 



(JJian.22S ^^^ ^^^ ^^ addition to an act to incorporate the north 

WOBUUN STUEET RAILROAD COMPANTT. 



Mny extend 
tracks throngh- 
out the towns 
(if Wnburu and 
Winchester. 



Be it enacted, etc., as follows: 

Section 1. The North Woburn Street Railroad Com- 
pany, incorporated under chapter one hundred and eight 
of the acts of the year eighteen hundred and si.\ty-six is 
hereby authorized to extend its tracks throughout the 
whole of the town of A\'o])urn and into and throughout 
the town of Winchester, with all the powers and privi- 
leges and subject to all the duties, restrictions and lia- 
bilities set forth in all general laws which now are or 
may be hereafter in force relating to street railroads. 



188G. — Chapter 229. 175 

Section 2. The capital stock of said corporation may May increase 
1)0 increased to one hnndred thousand dolhirs, to be di- *'''^" ** ^^^ 
vided into shares of one hnndred dolUirs each. 

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

Ajyproved May 20, 1S86. 

An Act to authorize certain street railway companies to QJiap.^il^ 

LEASE AND TO PURCHASE AND HOLD THE PROPERTY, RIGHTS 
AND FRANCHISES OF, AND TO UNITE AND CONSOLIDATE WITH, 
EACH OTHER, AND TO ESTABLISH AND MAINTAIN THE CABLE SYS- 
TEM OF MOTIVE POWER. 

Be it enacted, etc. , as follows : 

Section 1. Each of the street railway companies now street railway 
authorized to run cars in or into the city of Boston may Bo"ton"m3y" 
lease and may purchase and hold the whole or any part or consolidate. 
parts of the property, rights and franchises of, and may 
unite and consolidate with, any or all of the other said 
street railway companies, and may increase its capital 
stock so far as may Jje necessary to carry into efiect the 
provisions of this act, subject to all general laws appli- 
cable to such increase ; but such leases, purchases and 
consolidations shall be only upon such terms and condi- 
tions as shall be approved by a majority in interest of the 
stockliolders of each corporation, at meetings called for 
that purpose, and by the board of railroad commissioners ; 
and the corporations so uniting shall, in every instance, 
constitute one corporation, under such corporate name, 
not in use liy any other street railway company, as shall 
be approved in the manner and at the meetings aforesaid ; 
and every corporation formed as aforesaid shall have, powers and 
hold, possess and enjoy all the powers, privileges, rights, p'''^"''S"*- 
franchises, property and estates which at the time of such 
unions shall be had, held, possessed or enjoyed by the 
corporations so uniting, or either or any of them, with 
the exception of the right of appeal to the board of rail- 
road commissioners now enjoyed by the Charles River 
Street Railway Company under section fi)ur of chapter one 
hundred and seventy-three of the acts of the year eight- 
een hundred and eighty-two; and shall be subject to all J^y/t-fg '''"'^ ''*' 
the duties, restrictions and liabilities to which they, or 
either or any of them, shall then be subject, and to all 
general laws then or thereafter in force relating to street 
railway companies. 



176 1886. — Chapter 230. 

the^crbiusysllra Section 2. Each of the street railway companies 
(.f motive mentioned in the precedins: section which shall carry into 

power. '-^ . . 

effect any lease, purchase or consolidation under the pro- 
visions of said section, may, with the consent of the board 
of railroad commissioners and of the board of aldermen of 
the city in which such action is contemplated, establish 
and maintain the cable system of motive power, so called ; 
and, having tirst obtained permission from the board of 
aldermen of cities or the selectmen of tow'ns may, under 
the direction and control of said board of aldermen, or 
said selectmen, make such underground and surface alter- 
utions of the streets in Avhich its tracks shall be located 
as may be necessary to establish and maintain said motive 
power. 
May be com- Section 3. Upou the couiplaint in writinsf of not less 

pelled to furnish '^ . ,. *■ , ^ i 

Hufflci«nt travel- thau tcu pcrsous residmg upon the route of any such cou- 
niudaiioiisfor solldatcd corporatiou, that such corporation is not fur- 
t epubiic. nishing to the ])ublic sufEcieut travelling accommodations, 
the board of railroad commissioners shall investigate such 
complaint, and may, after due notice and hearing, order 
such corporation to furnish such additional accommoda- 
tions as, in the opinion of said board, the pul)lic travel 
may require ; and said board may also, after due notice 
and hearing, revise and regulate the fares established by 
any such consolidated corporation ; and all orders made 
by said board under this section may be enforced in the 
manner provided in section sixty-three of chapter one 
hundred and thirteen of the Public Statutes. 
^^^^" to take Section 4. This act shall take effect upon its passage, 
but shall become void unless one or more of the street 
railway companies mentioned in section one of this act shall 
take advantage of the provisions of said section one 
within two years from the passage of this act. 

Approved May 20, 1886. 

Cho.p.230 ^^ ^^"^ ^^ RELATION TO THE KETUUXS OF POKEIGN MINING, 

QUARUYING, AND OIL COMPANIES. 

Be it enacted, etc., asfolloivs: 

follVTm^ \ Section 1. Every corporation mentioned in section 

oil, etc., 9om- ' ouc of chapter one hundred and six of the acts of the year 
one thousand eight hundred and eighty-two, upon filing 
the copy and statement required by the provisions of 
chapter three hundred and thirty of the acts of the year 
one thousand eight hundred and eighty-four, shall be re- 



panies. 



1886. — CiiAPTEES 231, 232, 233. 177 

licvecl from uicaking the returns and certificates required 
1)3' the first and second sections of said chapter one hun- 
dred and six. 

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

Approved May 21, 1886. 



C7iap.231 



An Act in relation to the exemption of the property of 

certain literary and other associations from taxation. 
Be it enacted, etc., as foUoics : 

Section five of chapter eleven of the Public Statutes Property of in- 
is hereby amended in the third division by adding after perance^«ocie-™" 
the word "institutions" in the second line thereof, the |l.o''ni''ia™aUon. 
words: — and temperance societies, — and by adding 
after the "word " institutions " in the third line thereof, the 
Avords : — and societies. Ax^proved May 21, 1886. 



Chap.2d2 



An Act to exempt a portion of the property of the Yar- 
mouth CAMP meeting association FROM TAXATION. 

Be it enacted, etc., as follov:s : 

Sectiox 1. The Yarmouth Camp Meeting Association, Property ex- 
duly incorporated and located in the towns of Yarmouth fl^utimu™ 
and Barnstable in the county of Barnstable for the purpose 
of maintaining annual religious meetings therein, may hold 
real and personal estate to an amount not exceeding 
fifteen thousand dollars. Twenty acres of the land so 
owned with the buildings or any personal property on 
said twenty acres owned by said association and used ex- 
clusivel}' for religious purposes, or for the care and protec- 
tion of the property of the association, shall be exempt 
from taxation. 

Section 2. All buildings, booths, tents or other things certain prop. 
erected on or affixed to the grounds of the association not uiL^towu wh"r. 
used exclusively for religious purposes or for the care and '°''"'^''- 
protection of the property of the association shall for the 
purpose of taxation be considered real estate and taxable 
in the town in which they are located. 

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

Approved May 21, 1886. 



An Act relating to sureties on probate bonds. ChctT).2'S3 

Be it enacted, etc., as foUoios : 

Any money paid with the approval of the judge of pro- Money paid for 
bate in any county to any corporation duly organized and 8u?et"/o'lfoffi- 
authorized to act in this Commonwealth in guaranteeing chllrgeawe 
the fidelity of persons and in acting as surety on bonds, against estate. 



FisherieB regu- SECTION 1. Wlioever sets 01' uses, or aids in settiiio; or 

ititfG in wiitfTS ^ 

ofEdgartuwa iisiiig Riiy 'seiiie, mesh net or gill net for the purpose of 



178 1886. — Chapters 234, 235. 

or to any person for acting as surety on any official bond 
given to such probate judge, may be allowed in his dis- 
cretion as a charge against the estate in which such bond 
is required. Approved May 21, 1886. 

Ch(ip.2i34: -^N Act for the protection of fish in a portion of the county 

OF DUKES COUNTY. 

Be it enacted, etc. , as folloios : 

u- 
rs 

a 

City. " "^^ catching any other fish than mackerel, or who shall catch 
and retain by such means any other fish than mackerel, in 
the waters of the towns of Edgartown and Cottage City in 
the county of Dukes county within three miles from the 
shores of said towns shall be punished by a fine of not 
exceeding two hundred dollars, one-half of which shall be 
paid to the person making the complaint ; and in addition, 
in the discretion of the court, shal^ forfeit to the Com- 
monwealth all fish taken in said nets. 

Offender may SECTION 2 A shcriff, dcputy sheriff, constable or police 

be arrested , -^ i •/ j ^ i 

without a war- officcT, upou vicw of an offeiicc dcscribcd in the preced- 
ing section, may without a warrant arrest the offender 
and make complaint against him therefor. 
Rights of certain SECTION 3. The provisious of this act shall not be con- 
not affected.'' strucd to interfere with the rights of any person or persons 
referred to in section three of chapter three hundred and 
eighteen of the acts of the year eighteen hundred and 
eighty-four, nor with the corporate rights of any fishing 
company. Approved May 21, 1886. 

(7AaT>.235 -^^ ^^^ '^^ incorporate the SAUGUS "WATER COMPANY. 

Be it enacted, etc., as follows : 

saugus Water SECTION 1. Charlcs H. Boud, William W. Lowe, 
co°rporrted" PHuy Nickci'son, Frederic R. Page, Edward S. Kent, 
Charles A. Sweetser, Andrew A. Scott, Joseph White- 
head, George M. Amerige, Joseph A. Raddin, Nathan 
F. Mayo, Henry Waitt, their associates and successors, 
are hereby made a corporation by the name of the Sau- 
gus Water Company, for the purpose of furnishing the 
inhabitants of Saugus with pure water for the extinguish- 
ment of fires and for domestic and other purposes, with 
all the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in the general laws 



ISSG. — Chapter 235. 179 

which now are or may hereafter be in force regulating 
such corporations. 

Section 2. The said corporation for the purposes May take cer. 
aforesaid may take, by purchase or otherwise, and hold lowoT/saVgus. 
the Avaters from any springs or streams in the town of 
Saugiis, whicli are not within the drainage area of the Sau- 
gus river above the dam at Scott's mills, and the waters 
which flow into and from the same and the water rights 
connected therewith, or said corporation may purchase the 
water from springs or streams near the line between the 
towns of Saugus and Revere in the town of Revere, and 
the waters which flow into and from the same and the 
water rights connected with any such water sources, and 
may also take by purchase or otherwise and hold all 
lands, rights of way and easements necessary for holding 
and preserving such water and for conveying the same to 
any part of said town; and may erect on the land thus May erect dams 
taken or held proper dams, fixtures and other structures, BtmcturJs, 
and make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and efiective water works ; and may construct and 
lay down conduits, pipes and other works under or over 
any lauds, water courses, railroads, or public or private 
ways, and along any such ways in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, repairing and maintaining such conduits, 
pipes and other works, and for all proper purposes of 
this act, said corporation may dig up any such lands, and, j^Jfj/u^^'Pr 
under the direction of the board of selectmen of the town direction of 

1 . J 1 -^ j_ 1 1 1 selectmen. 

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 a description of 
days after the taking of any lands, rights of way, water laken tobe 
rights, water sources or easements as aforesaid otherwise n!g"Jtry'^of" 
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 sufii- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages Payment of 
sustained by any person in property by the taking of any ^'^'^'''^^^- 



180 



1886. — Chapter 235. 



No application 
to he made for 
damages until 
■water is actu- 
ally ■withdrawn. 



May regulate 
Uj-e of w;iter and 
lix and collect 
rates. 



Penalties for 
diverting or 
corrupting 
■wMter, or for 
iiijuring works. 



Mny purchase 
any aqueduct 
now in use. 



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 corpora- 
tion sustainino- damao;es 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 kiw 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 authorit}^ 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 corporation under the authority of 
this act. 

Section 5. The said corporation may distribute the 
water through said town of 8augus, may regulate the use 
of said water and fix and collect rates to be paid for the 
same ; and may make such contracts Avith said town or 
with any fire district that is or may hereafter be established 
therein ; and said town or fire district is hereby author- 
ized to make such contracts, or with any individual or 
corporation to supply water for the extinguishing of fire 
or for other purposes, as may be agreed upon by said town 
or such fire district, individual or corporation, and said 
corporation. 

Section 6. If any person shall wantonly or mali- 
ciously divert the water or any part thereof so taken, or 
corrupt the same, or render it impure, or destroy or in- 
jure any dam or aqueduct, pipe, conduit, hydrant, machin- 
ery or other works or property held, owned or used by 
said corporation, under the authority of and for the pur- 
poses of this act, he shall forfeit and pay to said corpora- 
tion three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and conviction of 
either of the wanton or malicious acts aforesaid may be 
punished by a fine not exceeding three hundred dollars or 
by imprisonment in jail not exceeding one year. 

Section 7. Said corporation may purchase from the 
owner or owners of any aqueduct now used in furnishing 
water to the inhabitants of said town of Saugus his or 
their whole water right, estate, property and privileges, 



18S6. — Chapter 235. 181 

and by such purchase shall become entitled to all the 
rights and privileges, and subject to all the liabilities and 
duties, appertaining and belonging to such owner or 
owners. 

Section 8. The said corporation may, for the purposes Reai estate, 
set forth in this act, hold real estate not exceeding in and shares.' 
amount twenty thousand dollars ; and the whole capital 
stock of said corporatioh shall not exceed in amount fifty 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 9. The said corporation may issue bonds, and ^Yiecure^oy'^* 
secure the same l»y a mortgage on its works, structures, mortgage. 
equipments, franchise and other property, real or per- 
sonal, to an amount which shall not exceed its capital 
stock actually paid in and applied to the purposes of its 
incorporation. 

Section 10. Any owner of land or water rights taken security may 
under this act, upon application by either party for an paymMtof 
estimate of damages, may require said corporation to give cos^s^.^^^ ^""^ 
security satisfactory to the county commissioners for the 
county within which said land or water right is situated 
for the payment of all damages and costs which may be 
awarded to him for the land or other property taken. If 
upon petition of such owner, with notice to the adverse 
party, the security appears to the said county commis- 
sioners to have become insufficient, they shall require 
said corporation to give farther security to their satisfac- 
tion, and all the right or authority of the corporation to 
enter upon or use said land and other property, except for 
making surveys, shall be suspended until it gives the 
security required. 

Section 11. The town of Saus-us shall have the rio^ht Town may mir. 

o o chase fram-liise 

at any time after the passage of this act to purchase the and property of 
franchise, corporate property and" all the rights and priv- '^°''^°'''"°"- 
ileges of said corporation, at a price which may be 
mutually agreed upon between said corporation and said 
town ; and may have a like right to purchase their interest 
from the mortgagees after foreclosure of any mortgage 
authorized by section nine of this act ; and the said cor- 
poration is authorized to make sale of the same to said 
town. In case said corporation and said town are unable ifparties fail to 
to agree, then the price to be paid shall be determined by raay*be'' ^^^^ 
three commissioners, to be appointed by the supreme commTsrioner^. 
judicial court upon application of either party and notice 



182 1886. — Chapter 235. 



Commissioners 
to find value of 



to the other, whose award when accepted by said court 
shall be binding upon both parties. If said corporation 

franchise, etc. shall havc issucd 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 if 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 morto^ag^e debt said 
town shall acquire such franchise, property, rights, powers 
and privileges by paying said corporation such excess, 
and shall assume such mortgage debt as part of the water 
loan authorized by section twelve ; but if the value so 
found should be less than the amount of such morto;ao;e 
debt, then said town shall acquire such franchise, prop- 
erty, rights, powers and privileges of said corporation, and 
also the interest of said mortgagees, by paying said mort- 
gagees the amount of the value so found, and said mort- 
gage shall thereby be discharged ; and said town shall 
thereupon hold and possess such franchise and all said 
corporate property, rights, powers and privileges unen- 

suhjecttoa cumbcrcd and discharged from trust. The risrht to pur- 

two-lliird« vote . . -, . ^ , ,.. 11 

of the town. cliasc as aforesuid 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. 
Loan"^^"'" Section 12. The said town may, for the purpose of 
paying the cost of said franchise and corporate property, 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue, from time to time, bonds, 
notes or scrip, to an amount not exceeding, in the aggre- 
gate, one hundred thousand dollars ; such bonds, notes 
and scrip shall bear on their face the words Saugus 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 treas- 
urer of the town, and countersigned b}' the water com- 
Town may sell iiiissloners hereinafter provided for. The said town may 
pie'i^'c- the" sell such securities at public or private sale, or pledge the 
borrowed'."""*'^ samc for money borrowed for the purposes of this act, 
upon such terras and conditions as it may deem proper. 



1880. — Chapter 235. 183 

The said town shall provide, at the time of contracting]: sinking fund to 
!:>aid loan, for the establishment of a sinking fnnd, and 
shall annually contribute to such fund a sum sufficient, 
Aviththc accumulations thereof, to pay the principal of said 
loan at maturit}^ The said sinking fund shall remain 
inviolate and pledged to the payment of said loan, and 
shall be used for no other purpose. 

Section 13. The said town, instead of establishing a May provide 
sinking fund, may, at the time of authorizing said loan, proportionate 
provide for the payment thereof in such annual propor- h^teadTofestab. 
tionate payments as will extinguish the same within the ^^^shmg smiiing 
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. 

Sectiox 14. The return required by section ninety- Amountofsink- 

ins tiincl etc. 

one of chapter eleven of the Public Statutes shall state the to be stated in 
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. 

Sectiox 15. The said town shall raise annually, by to raise annu- 
taxation, a sum which, with the income derived from the uon sufficient to 
water rates, will be sufficient to pay the current annual pensee^nd '^^' 
expenses of operating its water works, and the interest as i^'^fest. 
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 16. The said town shall, after its purchase of ^!J^'fo„e°T[o be 
said franchise and corporate property, as provided in this elected. 
act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years, and 
one until the expiration of one year from the next suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter, one such commissioner shall be elected by 
ballot for the term of three years. All the authority 
granted to said town by this act, and not otherwise speci- 



184 1886. — Chapters 236, 237. 

fically 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 
fo^beT/usteTs'^of imposc by its vote ; the said commissioners shall be trus- 
sinkingfund. t;ees 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 
Vacancies in and to the siuldug fuud. 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 meet- 
ing called for the purpose. 
cTmraen^ccd Section 17. This act shall take efiect upon its passage, 

wjuiintwo but shall become void unless work thereunder is begun 
within two years from the date of its passage. 

Approved May 21, 18S6. 



years. 



Chap 



79.236 An Act authorizing the establishment and maintenance of 
evening high schools in certain cities. 
Be it enacted., etc., as foHoius : 
Evening high SECTION 1. Evcrv city of fifty thousand or more 

schools to be J J J ,, . . 

e.;<ta^iishe(i in luhabitauts shall establish and thereafter annually mamtam 
ihou^sand inhab- au cvenino' his^h school in which shall be tauijht such 
' ^^ *■ branches of learning as the school committee thereof may 

deem expedient, whenever fifty or more residents, four- 
teen years of age or over, who desire and, in the opinion 
of the school committee, are competent to pursue high 
school studies, shall petition in writing for an evening 
high school and certify that they desire to attend such 
school. 
^.perintendunt Section 2. The school committcc shall have the same 
..f school com. superintendence over such school as they have over day 

niittce. . 

schools ; may determine the term or terms of time in each 
year and the hours of the evening during which such 
school shall be kept, and may make such regulations as 
to attendance thereat as they may deem proper. 

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

Approved May 22, 1886. 

ChCip.237 -^^ -^CT TO ESTABLISH THE SALARIES OF THE ADJUTANT-GENERAL 
AND THE FIRST CLERK IN THE DEPARTMENT OF THE ADJUTANT- 
GENERAL. 

Be it enacted, etc., as follows: 

lilhld^ ^^^^^' Section 1. From and after the first day of January 
in the year eighteen hundred and eighty-six the salary of 



1886. — Chapters 238, 239. 185 

the adjutant-genernl shall be three thousand dollars per 
aiimiin, and the salary of the first clerk in the adjutant- 
general's department shall be two thousand dollars per 
annum. 

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

Approved May 27, 1886. 

An Act to establish the salary of the second clerk in the CJlCip.23S 

OFFICE OF the SECRETARY OP THE COMMONWEALTH. 

Be it enacted, etc., asfolljivs: 

Section 1. The salary of the second clerk in the salary estab- 
oiEce of the secretary of the Commonwealth, beginning 
with the first day of January in the year eighteen hundred 
and eighty-six, shall be seventeen hundred 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 3fay 27, 1886. 

An Act in relation to the protestant episcopal and re- (Jhap.^Z^ 

FORMED EPISCOPAL CHURCHES. 

Beit enacted, etc., as follows: 

Section 1. Section forty-three of chapter thirty- Rector, etc., 

• 1 r>i-r>iTn -i i i t i i maj' preside 

eight of the i ubiic Statutes is hereby amended to read as with powers of 
follows: — In religious societies belongino; to the ])odies ™° ^^aoi. 
of christians known as the Protestant Episcopal Church 
and the Reformed Episcopal Church, the rector or one of 
the wardens may, unless it is otherwise provided in some 
by-law, preside at their meetings with all the powers of a 
moderator ; and the wardens, or wardens and vestry, may 
exercise all the powers of a standing committee in accord- 
ance with the usages and discipline of said churches. 
Unless they assess or collect a tax on the polls, estates, 
or pews of the members thereof, such societies need not 
choose a collector or assessors ; and they may in their 
by-laws provide that the duties of assessors shall be per- 
formed by the wardens. The officers upon whom the Duties. of n»- 
duties of standing committee or assessors may devolve peXm"dby^ 
shall in all cases be elected by ballot. wardens. 

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

Ajoproved May 28, 1886. 



186 1886. — Chapter 240. 



O/i«».210 An Act to incorporate the stoughton water company. 

Be it enacted, etc., as follows: 
Stoughton Section 1. John G. Phinney, Charles W. Lunn, E. 

paiiyi.icor- Moi'toii Elmes, Charles W. Welch, Charles E. Parker, 
poiate . their associates and successors, are hereby made a corpo- 

ration by the name of the Stoughton Water Company, 
for the purpose of supplying the inhabitants of the town 
of Stoughton with water for domestic, manufacturing and 
other purposes, including the extinguishment of fires, 
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, so far as 
the same may be applicable to such corporations. 
May take SECTION 2. The Said corporation may take, for the 

Knowies' brook, purpuscs aforcsald, by purchase or otherwise, and hold 
(u amwL s, ^j^^ waters of Knowies' brook, so called, being one of the 
tributaries of the east branch of the Neponset river, at any 
point within its course within the towns of Stoughton or 
Canton, and of Muddy pond brook, so called, and its 
tributaries at any point in its course within the town of 
Stoughton, and the waters of Porter's brook, so called, 
and its tributaries, situated in the easterly part of said 
Stoughton, at any point in its course within the town of 
Stoughton, and the waters of the Drake schoolhouse well, 
so called, situated on the easterly side of Washington 
street in the yard of the Drake schoolhouse, and the 
water rights connected with said sources, and may take 
by purchase and hold the Hill and Drake Avell, so called, 
situated on land of the heirs of Henry Drake on the 
southerl}^ side of Pleasant street, and the Phinney well, 
so called, situated on land of John G. Phinney on the 
northerly side of Summer street, and the water rights 
connected with said sources, and may take by purchase or 
otherwise and hold all lands, rights of way and easements 
necessary for the preservation and purity of all said 
sources of water supply or for forming any dams or res- 
ervoirs to hold the same, or for conveying the same to any 
May erect dams part of the town of Stoughtou, and may erect on the 
Ptru(fture8, and land thus taken or held proper dams, buildings, fixtures 
tio^M/^*^^^^' 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 efiective water works ; 



1886. — Chapter 240. 187 

and niny construct and lay down conduits, pipes and other 
works, under or over any lands, water courses, railroads 
or public or private ways and along any such ways in 
such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 
proper purposes of this act, said corporation may dig up May dig up 
any such lands and, under the direction of the board of cTirtAkinofthe 
si'lectmen of the town in which any such ways are situ- seuctmen. 
ated, may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel on 
such wa}'s. 

Section 3. The said corporation shall within sixty a dppcription 
days after the taking of any lands, rights of way, ease- taken to bJ 
raents, water rights or sources as aforesaid, otherwise than reaMry of "^ ^ 
by purchase, file and cause to be recorded in the registry '^^^'^®- 
of deeds in Norfolk county a description thereof suffi- 
ciently accurate for identification, with a statement of the 
])urpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said coriDoration shall pay all damages Payment of 

,.11 '■ . ^ "^ R 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 no such application shall be made after the expira- 
tion of said three years. No application for the assess- No application 
ment of damages shall be made for the taking of any dLmages uma 
water, water right, or for any injury thereto, until the Tiiy^'divertcd' 
water is actually withdrawn or diverted by said corpora- 
tion under the authority of this act. 

SECTION 5. The said corporation may distribute the Mayreeuia<e 
water through said town of Stoughton or any part thereof; "^i Hs'^Krcoi- 
may regulate the use of said water, and fix and collect '^'^fa'es. 
water rates to be paid for the same ; may establish pul^lic 
fountains and hydrants and discontinue the same ; and 



188 



1886. — Chapter 240. 



Real estate, 
capital stuck 
aud shares. 



Penalty for 
diverting or 
corrupting 
water. 



May purchase 
aqueduct, etc. 



Security may be 
required for 
payment of 
damages and 
costs. 



may make such contracts with the said town or with any 
fire district that is or may hereafter be established therein, 
or with any individual or corporation to supply water for 
the extino^iiishing of fires, or for other purposes, as may 
be agreed upon by said town or such fire district, indi- 
vidual or corporation, and said corporation. 

Section 6. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
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, and 
said corporation may issue bonds bearing interest at a rate 
not exceeding six per cent, per annum to an amount not 
exceeding the amount of its capital stock actually paid in 
and applied to the purpose of incorporation, and may se- 
cure the same at any time by a mortgage of its franchise 
and property. 

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 au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
And upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said corporation may purchase from 
the owner of any aqueduct or water pipes now used or 
which may hereafter be used in furnishing water for any 
purpose in said town of Stoughton 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 county commissioners for the county 
of Norfolk shall, upon application of the owner of an}" land, 
water or water rights taken under this act, require said 
corporation to give satisfactory security for the pa,yment 
of all damages and costs Avhich may be aAvarded, such 
owner for the land or other property so taken ; but pre- 
vious to requiring such security the said county commis- 
sioners shall, if application therefor is made by either 
party, make an estimate of the damages which may result 



18SG. — Chapter 240. 189 

from such taking, and the said county commissioners shall 
in like m:inner require further security if at any time the 
security before required appears to them to have become 
insutlicicnt ; and all the right or authority of said corpora- 
tion to enter upon or use such land or other property, ex- 
cept for the purpose of making surveys, shall be sus- 
pended until it gives the security required. 

Section 10. The said town of Stoughton shall have Town of 
the right at any time to purchase of said corporation its pu°cha«'e'frTn.^ 
franchise, corporate property, and all its rights, powers «|^^'s^ •■'°f' prop- 
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 au- 
thorized by section six of this act ; and said corporation 
is authorized to make sale of the same to said town. If ^''agree^''<ja"if. 
said corporation or said mortgagees, as the case may be, ageetobe 
and said town are unable to agree, .then the compensation commissioners. 
to be paid shall be determined by three commissioners, to 
be appointed by the supreme judicial court upon the ap- 
plication of said town and notice to the other party, 
whose award, when accepted by said court, shall be bind- 
ing upon all parties. If said corporation shall have issued 
bonds under the provisions of section six and the mort- 
gage shall not have been foreclosed, and the compensation 
to be paid shall be determined by commissioners as afore- 
said, such commissioners shall find the value of such fran- 
chise, corporate property, rights, powers and privilege.'^, 
as if the same were unencumliered, 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 
mortgnge debt as part of the water loan authorized by sec- 
tion eleven ; but if the value so found shall be less than 
the amount of such mortgage debt, then said town shall 
acquire such franchise, property, rights, powers and priv- 
ileges 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, 
powers and privileges unencumbered and discharged from 
any trust. The right to purchase as aforesaid is granted 



190 



18S6. — Chapter 2^0. 



Subject to a 
two iliirds vote 
ol'lhu town. 



Stoughton 
Water LoaD. 



Sinking fund to 
be provided. 



Maj' provide 
lor annual 
])roportionate 
payments, 
jrl^tH:ld of 
eslablisliins 
sinlsing fund. 



Amount of sink, 
ing fund, etc., 
to be stated ia 
return. 



on condition that the same be authorized by a two-thirds 
vote of tlie voters of said town present and voting thereon 
at a meeting called for that pur[)ose. 

Section 11. The said town may, for the purpose of 
paying the cost of said franchise and corporate property, 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue, from time to time, bonds, 
notes or scrip, to an amount not exceeding in the aggre- 
gate one hundred thousand dollars ; such bonds, notes 
and scrip shall bear on their face the words Stoughton 
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 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 12. 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 13. 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. 



1886. — Chapter 241. 101 

Section 14. The said town shall raise annually by To raise by 
taxation a sum which, with the income aerivetl trom the dent to pay 

•11 1 rf • 1 , ii J. 1 current ex- 

Avater rates, Will he sufhcient to pay the current annual pcises and 
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 15. The said town shall, after its purchase of ItTATb™'' 
said franchise and corporate property, as provided in this elected. 
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 
w^ater 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 commissioners, who shall be subject however to 
such instructions, rules and regulations as said tow^n may 
impose by its vote. The said commissioners shall be to be tni^tefs 
trustees of the sinking fund herein provided for, and a fund? ^'" '"' 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and the sinking fund. Any vacancy occurring in vacancies 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. 

Section 16. This act shall take effect upon its passage, work to b^ 
but shall become void unless work under this act is com- within iinee 
menced within three years from the date of its passage. ^'®^'^^' 

Approved May 2S, 1886. 

An Act to provide for the care and education of children (7^«d.211 
WHO are both deaf mutes and blind. 



Be it enacted, etc., as follows: ^r ^ '■/ f - > c^ ^ ^' ^ /> ,'_ 

Section 1. Section sixteen of chapter forty-one of ^-i"Mtion of 

• 111- . r 1 1 ''U'l'''"en \vn ) 

the Public Statutes is amended by inserting after the word are both deaf 
"prefer" in the seventh line the following: — and, with bUnd!'' 
the approval of the board, he may make, at the expense 
of the Commonwealth, such provision for the care and 



192 



1886. — Chapters 2i2, 243. 



education of children, who are both deaf mutes and blind, 
as he may deem expedient. 

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

Approved May 28, 1886. 

Chav.'2^2 An Act relating to the examination and test of safety coup- 
lers ON FREIGHT CARS. 

Be it enacted, etc., as follows. • 
eafetj coup. Section 1. The board of railroad commissioners shall 

Uts on frtight . - - . 

CUM to bu tested, in the month of June or July of the present year and m 
the month of June or July of every second year there- 
after make an examination and test of the forms of auto- 
matic or other safety couplers for freight cars, in accord- 
ance with the provisions of section one of chapter two 
hundred and twenty-two of the acts of the year eighteen 
hundred and eiffhtv-four. 

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

Approved May 28, 1886. 

Chan.2^3 An Act to incorporate the milford electric light and power 

COMPANY. 

Be it enacted, etc., as folloios : 

Section 1. George M. Greene, J. Allen Rice, Wil- 
liam B. Hale and Charles W. Wilcox, their associates and 
successors, are made a corporation by the name of the 
Milford Electric Light and Power Company, for the pur- 
pose of furnishing electric light and power in Milford. 

Section 2. Said corporation shall have power to pur- 
chase and hold in fee simple or otherwise real estate 
in the town of Milford not exceeding thirty thousand dol- 
lars in value. 

Section 3. The said corporation shall have power to 
lease, sell, mortgage or otherwise dispose of its corporate 
property or any part thereof, to erect buildings or other 
structures thereon or otherwise improve the same as it 
may deem expedient, and to erect and maintain lines and 
appliances for the establishing and maintaining electric 
lights and furnishing power, and may make any contracts 
relating to their said property or business. 

Section 4. The capital stock of said corporation shall 
be thirty thousand dollars, and shall be divided into shares 
of the par value of one hundred dollars each. 

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

Ajwoved May 28, 1886. 



Milfonl Elec- 
tric Litcht and 
Power Com- 
patiy incorp- 
oiated. 



Real estate. 



May sell, lease 
or mortgage 
property. 



Capital stock 
and shares. 



1886. — Chapters 244, 245. 193 

An Act relating to the sale of the toll house of the sunder- (77iar).244 

LAND BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The sale and conveyance of the toll holfse/con. 
house, land and appurtenances thereto belonging men- firmed. 
tioned in section five of chapter one hundred and seventy- 
five of the acts of the year eighteen hundred and seventy- 
five, made by the towns of Deerfield and Sunderland to 
F. H. Williams are hereby ratified, legalized and con- 
firmed, and the proceeds of said sale shall be divided and 
paid over in the following proportions, to Avit : to the 
county of Franklin eleven twenty-firsts, to the town of 
Sunderland five twenty-firsts, to the town of Deerfield 
four twenty-firsts, and to the town of Whately one 
twenty-first. 

Section 2. So much of section five of said chapter Repeal. 
one hundred and seventy-five as provides that the income 
from said toll house, land and appurtenances shall be used 
in repairs and superintendence of the Sunderland bridge 
is hereby repealed. 

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

Ap2)rov€d May 28, IS 86. 

An Act to autiiokize the release of estates of tenancy by CJian. 214:5 
curtesy by tue guardian of an insane married man. 

Be it enacted, etc., as follows : 

Section 1. When the wife of an insane man is desir- Release of 

n . n t 1 i i 1 ji 1 estate of an 

ous ot conveynig any or her real estate, whether abso- insane married 
lutely or by way of mortgage, she may by petition, de- Ty theVurTe"y. 
scribing the snme, ask leave of the probate court that the 
estate of the husband as tenant by the curtesy may be re- 
leased, setting forth the facts and reasons why her prayer 
should be granted. After notice in some newspaper to 
all persons interested and a hearing thereon the court, if 
satisfied that such estate by curtesy ought to be released, 
shall authorize the guardian of the husband to make such 
release by joining in any deed of conveyance to be made 
within five years thereafter, either by the wife or by a 
trustee for her, and whether such deed passes the whole 
or only separate parcels or lots of said real estate. 

Section 2. If the guardian is so authorized to release court may 
the estate by curtesy of his ward and the probate court of the proceeds 
deems it proper that some portion of the proceeds of such ^oj^e set aside, 



191 



1886. — Chapters 21G, 247. 



ProceodingB to 
be had in 
ciuiity where 
■wife resides. 



real estate, or of a sum loaned on mortgage thereof, should 
be reserved for the use of such ward the court may order 
that a certain portion of such proceeds or sum actually to 
be realized from such sale or mortgiige, exclusive of any 
encumbrance then existing on the estate, shall be set 
aside and paid over to such guardian to be invested and 
held by him for the benetit ot the husband if he survives 
his Avife ; the income of such sum to be received and en- 
joyed by the wife during the life of her husband, or until 
otherwise ordered by the court upon good cause shown, 
and the principal to be hers and to be paid over to her if 
she survives him, and, if she does not survive him, to be 
paid over to her heirs, executors or administrators upon 
his decease. 

Section 3. All proceedings in the probate court under 
the preceding sections shall be had in the county where 
the wife of the insane man resides, if she is an inhabitant 
of this Commonwealth, and if not, then in some county 
where any of her real estate is situated ; and a certified 
copy of all final orders or decrees in such proceedings 
shall be recorded in the registry of deeds in every county 
or district in which such real estate is situated. 

Approved Hay 28, 1886. 

(JJian.^i^G An Act to prohibit tue shooting op wild fowl in the waters 

IN AND AROUND NANTUCKET. 

Be it enacted, etc., as follows : 

Section 1. Whoever shoots at or kills any wild fowl 
or any of the so called shore, marsh or beach birds from 
boats in the harbor and great ponds of Nantucket, and 
the waters in and around the islands of Tuckernuck, 
Muskeget and the Gravelly islands, shall be punished for 
each offence by a fine of twenty dollars. 

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

Approved May 28, 1886. 

Chctp.'24i7 -^N Act in relation to the service of warrants and other 

CRIMINAL PROCESS. 

Be it enacted, etc., as folloivs: 

Warrants and other criminal processes issued for the 
apprehension of persons charged with oifences may be di- 
rected to and served by any officer authorized to serve 
criminal process in any county. 

Approved May 28, 1886. 



Wild fowl not 
to be ghot at 
from boats. 



Service of war- 
rants, etc. 



188G. — Chapters 248, 249. 195 



An Act kklative to pkoceedings for violations of the terms QJiap,2^S 

AND conditions OF LEASES OF GREAT PONDS. 

Be it enacted, etc., as follows: 

Section 1. District attorneys or the commissioners on Lessees fmung 
inland fisheries shall institute proceedings, in the name of condUioiis.To'be 
the Commonwealth, a<jainst the lessees of great ponds who ^'^aJ'ngf.'''^ 
have failed or may hereafter fail to comply with the terms 
and conditions of their leases, upon the complaint of the 
mayor or ten citizens of any city, the selectmen or ten 
citizens of any town wherein any great pond has been 
leased under the laws relating to inland fisheries. 

Section 2. The provisions of section seventeen of ^"^'^^^^^^pp'^ ''^ 
chapter ninety-one of the Public Statutes shall not apply vested iu state. 
to great ponds that have re-vested in the Commonwealth 
for failure to comply with the terms and conditions of the 
leases of the same. 

Section 3. So much of chapter ninety-one of the Repeal. 
Public Statutes as conflicts with section one of this act is 
hereby repealed. Approved May 28, 1886. 

An Act TO incorporate the central congregational cuurch (JJian.lMd 

IN CHELMSFORD. 

Be it enacted, etc., asfoHoivs: 

Section 1. F. W. Robinson, E. F. Dupee, Sewall ^fegaTionai"' 
Parkhurst, Samuel Hagerman, Geo. A. Byam, Orrin ^''^"r'^'^*" . 

' 4 »■» ° 1 11 1 1 r- 1 Chelmsford, 

Crooker, Amos A. Byam and all other members ot the incoipcrated. 
Central Congregational Church in Chelmsford, and their 
successors as meml)ers of said church, are hereby made a 
corporation with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws, which now are or hereafter may be in force 
applicable to religious societies. 

Section 2. Said cor[)oration shall be called the Cen- Nameestab- 
tral Conjjreojational Church in Chelmsford. 

Section 3. Said corporation may hold real and per- Reai and per- 
sonal estate to an amount not exceeding twenty-five thou- ^o"'*^ ««^"^-j 
sand dollars, for parochial and religious purposes. 

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

Approved May 28, 1886. 



gas 



196 1886. — Chaptees 250, 251, 252. 



ChGp.250 '^'^ ^^'^ ^^ RELATION TO THE INSPECTION OF GAS. 

Be it enacted, etc., as follows : 
Inspection of Sectioii fourteeii of chapter sixty-one of the Public 

sag. 11 

statutes IS hereby amended hy striking out the ■word 
" four" in the third line thereof and inserting the Avord : 
— six, — so that the first clause of said section shall read 
as follows : — The gas of every company supplying more 
than fifty consumers shall be inspected at least twice a 
3'ear, and one additional inspection s^hall be made for every 
six million feet of gas supplied by each company ; but the 
gas of no comj^any shall be inspected oftener than once a 
week. Approved May 28, 1886. 



ChCtp.251 -^^ ^^"^ '^'^ ESTABLISH THE SALARIES OF THE COUNTY COMMISSIONERS 
OF WORCESTER, BRISTOL AND PLYMOUTH COUNTIES. 

Be it enacted, etc., as foUovjs : 

fibh'Jd!^ ^*^^^' Section 1. The salaries of the county commissioners 
of Worcester county shall be thirty-nine hundred dollars 
per annum. The salaries of the county commissioners of 
Bristol county shall be twenty-five hundred dollars per 
annum. The salaries of the county commissioners of 
Plymouth county shall be twenty-three hundred dollars 
per annum. 

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

Approved May 28, 1886. 



C7iap.252 ^^ ^^^ 



TO ESTABLISH THE SALARIES OF THE COMMISSIONERS OF 
SAVINGS BANKS AND OF THE FIRST AND SECOND CLERKS OF SAID 
COMMISSIONEUS. 

Be it enacted, etc., asfolloios: 

Hsifed** ^*"*'^' Section 1. The annual salary of each of the commis- 
sioners of savings banks shall be three thousand dollars. 

Section 2. The annual salary of the first clerk of the 
commissioners of savings banks shall be fifteen hundred 
dollars. 

Section 3. The annual salary of the second clerk of 
the commissioners of savings banks shall be nine hundred 
dollars. 

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

Approved 3Iay 28, 1886. 



1886. — Chapters 253, 25i, 255. 197 



An Act to ixckeask the commox coukcil of the citv of lynn. (7/zrt;?.253 

Be it enacted, etc., os follows: 

Section 1. The qualified voters of wards two and SiofTynt.r"' 
three of the city of Lymi at the next municipal election increased. 
and at all municipal elections thereafter shall give in their 
votes for one member of the common council from each 
ward in addition to those now authorized to be elected. 

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

Approved May 28, 1886. 

An Act to authorize tue city of newburypokt to increase its ChGn.254: 

DEBT FOR certain PURPOSES. 

Be it enacted, etc., as follows : 

Section ] . The city of Newbuiyport is hereby ex- May increase 
empted from the operation of sections four and five of of $5o"ooo. '"^ 
chapter twenty-nine of the Public Statutes and section 
two of chapter three hundred and twelve of the acts of the 
year eighteen hundred and eighty-five to the extent of 
fifty thousand dollars, for the purpose of meeting its lia- 
bility to the county of Essex on account of the reconstruc- 
tion of the Essex Merrimac bridge under the provisions 
of chapter one hundred and four of the acts of the year 
eighteen hundred and eighty-two and for the purpose of 
meeting any indebtedness heretofore incurred in conse- 
quence of supplying said city with water for fire purposes, 
but for no other purpose. 

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

Approved May 28, 1886. 

An Act to authorize the chelsea gas light company to hold (7/itt/?.255 

additional real estate, and to lay PIPE3 AND FURNISH GAS IN 
THE TOWN OF REVERE. 

Be it enacted, etc., as follows : 

Section 1. The Chelsea Gas Light Company may Reai estate. 
hold real estate to an amount not exceeding two hundred 
thousand dollars. 

Section 2. Said corporation is authorized to extend j^Yflfrni^lras 
its mains and lay pipes in the town of Revere, and to fur- iq Revere. 
nish or manufacture and sell illuminating gas in said town 
for lighting, heating, cooking, power and other uses for 
which such gas is manufactured ; subject to the restric- 



198 



1886. — Chapters 256,257. 



Apportionment 
of repreeenta- 
tives to the 
sevtral coun- 
tiuB. 



tions and limitations contained in sections seventy-five 
and seventy-eight of chapter one hundred and six of the 
Public Statutes. 
• Section 3. This act shall take effect upon its passage. 

Approved Hay 28, 1886. 

Ch(lT).'2i5G An Act to apportion repkesentatives to the several counties. 
Be it enacted, etc., asfoUotvs: 

Section 1. The two hundred and forty members of 
the house of representatives are hereby apportioned to the 
several counties, agreeably to the provisions of the con- 
stitution, until the next decennial apportionment as fol- 
lows ; To the county of Barnstable, four representatives ; 
to the county of Berkshire, nine representatives ; to the 
county of Bristol, eighteen representatives ; to the county 
of Dukes County, one representative ; to the county of 
Essex, thirty-four representatives ; to the county of Frank- 
lin, five representatives ; to the county of Hampden, thir- 
teen representatives ; to the county of Hampshire, six 
representatives ; to the county of Middlesex, forty-three 
representatives ; to the county of Nantucket, one repre- 
sentative ; to the county of Norfolk, excluding therefrom 
the town of Cohasset, thirteen representatives ; to the 
county of Plymouth, including, in addition thereto, the 
town of Cohasset, twelve representatives ; to the county 
of Sufiblk, fifty-two representatives ; to the county of 
Worcester, twenty-nine representatives. 

Section 2. In case a new election is ordered during 
the present political year, to fill any vacancy in the house 
of representatives, said election shall be held in the dis- 
trict which elected the representative whose place is so 
vacant, as the same existed prior to the passage of this 
act. 

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

Approved May 28, 1886. 



Filling vacan 
cies. 



CllCtV''^^^ An Act in relation to office hours in the department of the 

TREASURER AND RECEIVER-GENERAL. 

Be it enacted, etc., as follows : 

Office hours for Section 1. The trcasurcr and receiver-general shall 
moneyV"'*' uot be rcquircd to keep his office open for the receipt or 
payment of money later than two o'clock in the after- 
noon. 



1886. — Chapter 258. 199 

Section 2. So iniich of section ten of chapter twenty- Repeal. 
one of the Public Statutes as is inconsistent with this act 
is hereby repealed. 

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

Approved May 28, 1886. 

An Act to amend chapter seventy-two of the public statutes Chcip.2i5S 

RELATING TO PUBLIC WAREHOUSE RECEIPTS. 

Be it enacted, etc., as folloivs : 

Section five of chapter sevent3'-two of the Public Stat- houilMceTpts. 
iites is hereby amended by adding after the words '* every 
such warehouseman shall " the words : — except as herein- 
after provided, — and by adding at the end of said section 
the following words : — provided, however, that every such 
warehouseman shall upon request of any person depositing 
property with him for storage, give to said person his 
warehouseman's non-negotiable receipt therefor, which 
receipt shall have the words " not negotiable" plainly 
written, printed or stamped upon the face thereof; and 
provided, further, that assignments of such non-negotiable 
receipts shall not be effectual until recorded on the books 
of the warehousemen issuing them, — so that said section 
as amended shall read as follows : — Every such warehouse- 
man shall, except as hereinafter provided, give to each 
person depositing property with him for storage, a receipt 
therefor, which shall be negotiable in form, and shall de- 
scribe the property, distinctly stating the brand or dis- 
tinguishing marks upon it, and if such property is grain 
the quantity and inspected grade thereof. The receipt 
shall also state the rate of charges for warehousing the 
property and the amount and rate of insurance thereon : 
jnwided, however, that every such warehouseman shall 
upon request of any person depositing property with him 
for storage give to such person his non-negotiable receipt 
therefor, which receipt shall have the words " not nego- 
tiable " plainly written, printed or stamped upon the face 
thereof; and provided, furtJier , that assignments of such 
non-negotiable receipts shall not be effectual until recorded 
on the books of the warehousemen issuinof them. 

Approved June 1, 1886. 



200 



1886. — Chapter 259. 



C/Jian.25Q ^^ ^^"^ "^^ PROVIDE FOR RETURNS OF CERTIFICATES OF DAMAGE BY 
DOGS, AND TO CHANGE THE TIME FOR PAYING OVER THE MONEY 
RECEIVED FOR LICENSES. 



Damages done 
by dogs. 
Reluni of cer- 
tificates of ap- 
praisals. 



Money to be 
p:iid over in 
.Tune and De- 
cc.nber. 



Record to be 
kept. 



Be it enacted, etc., as follows : 

Section 1. The mayors of cities and the chairman of 
selectmen of towns shall return the certificates of ap- 
l^raisals of damages done to domestic animals by dogs, 
made by them in accordance with the provisions of section 
ninety-eight of chapter one hundred and two of the Public 
Statutes, to the treasurer of the county where the damage 
is done within ten days after such appraisal is made. The 
treasurer shall thereupon submit the same, except in the 
county of Suffolk, to the county commissioners who shall 
within thirty days examine the same and proceed as pro- 
vided in said section ninety-eight. The treasurer shall 
pay all orders drawn upon him for the above purpose in 
full on or after the iirst day of July in each year, if the 
gross amount received by him for dog licenses and not 
previously paid out under the provisions of chapter one 
hundred and two of the Public Statutes relatino; to dogs 
is sufficient therefor, otherwise he shall pa}' such amount 
pro rata upon such orders in full discharge thereof on 
demand. 

Section 2. Section eighty-four of chapter one hundred 
and two of the Public Statutes is hereby amended by strik- 
ing out the words " day of" in the fourth and fifth lines 
thereof and inserting the words: — days of June and 
December, — so that it shall read: — the chief of police 
of Boston and the clerks of other cities and towns shall 
issue said licenses and receive the money therefor and pay 
the same into the treasuries of their respective counties, 
except in the county of Suffolk, on or before the first days 
of June and December of each year, retaining to their 
own use twenty cents for each license, and shall return 
therewith a sworn statement of the amount of moneys 
thus received and paid over by them. They shall also 
keep a record of all licenses issued by them with the 
names of the keepers or owners of dogs licensed, and the 
names, registered numbers and descriptions of all such 
dogs. 

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

Approved June 1, 1886. 



1886. — Chapters 260, 261. 201 



An Act kelative to reports of accidents in factories and QJian.2G0 

MANUFACTURING ESTABLISHMENTS. 

Be it enacted, etc., as folloios: 

Section 1. All manufacturers and manufacturing Accuiemsto 
corporations shall forthwith send to the chief of the h^^^yoTwalo 
Massachusetts district police a written notice of any acci- district police. 
dent to an employee Avhile at work in any factory or 
manufacturing establishment operated by them whenever 
the accident results in the death of said employee or causes 
bodily injury of such a nature as to prevent the person 
injured irum returning to his work within four days after 
the occurrence of the accident. 

Section 2. Any person or corporation violating any Penalty. 
of the provisions of section one of this act shall be pun- 
ished by a tine not exceeding twenty dollars. 

Sections. The chief of the Massachusetts district p/«f of po'^^e 

1 to keep a record, 

police shall keep a record or ail accidents so reported to etc. 
him, together with a statement of the name of the person 
injured, the city or town where the accident occurred, and 
the cause thereof, and shall include an abstract of said 
record in his annual report. 

Section 4. This act shall take effect on the first day To take effect 
of July in the year eighteen hundred and eighty-six. "^ ' 

Approved June 1, 1886. 

An Act relating to the bridge of the eastern railroad com- (7/i«7?.261 

PANY ACROSS THE ROWLEY RIVER. 

Be it enacted, etc., as follows: 

Section 1. The railroad commissioners and the bar- Draw in railroad 
bor and land commissioners, sitting as a joint commission, RowleVuiver. 
are instructed to give a hearing after due notice to all 
persons interested in or affected by the maintenance of a 
draw in the railroad bridge of the Eastern Railroad Com- 
pany over Rowley river in the town of Rowley, and are 
hereby empowered to authorize such action by said 
Eastern Railroad Company as to repairs, reconstruction 
or alteration of said bridge as the public interests may 
demand, including, if it shall seem desirable, the closing 
of the draw in said bridfje. 

Section 2. Said railroad company shall pay all Eastern Raii- 

. 'Ill •! . Toaa Company 

damages occasioned by the said repair, reconstruction or to pay damages. 
alteration of said bridge or by the closing of the draw 



202 1886. — Chapter 262. 

therein, and such damages, upon the application of either 
party, shall be estimated by the said joint commission. 
Kseesedby SECTION 3. Any party aggrieved by the doings of 
ajuiy- said joint commission in the estimate of damages as above 

provided, may have all damages occasioned by the repair, 
alteration or reconstruction of said bridge or by the 
closing of the draw therein assessed by a jury in the same 
manner and with the same rights as to the security and 
as to the payment of the damages as are provided by law 
in relation to damages occasioned by laying out and 
maintaining railroads. 

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

Ap2)rovecl June I, 1886. 

Cliap.^Q^ An Act to pkovide for a recount of ballots cast at elections 

HELD IN TOWNS. 

Be it enacted^ etc., asJoUows: 

meTruAown' Section 1. If within six days next following the day 
oi^rk within 8ix of any election for national, state, district or county offi- 

any» following -^ , ' ' ;' ^ 

election of elate, cci's, tcu or luorc qualified voters of a town not divided 
into voting precincts, or of any voting precinct in a town 
having more than one such precinct, file with the town 
clerk a statement in writing that they have reason to be- 
lieve that the returns of the selectmen, or of the election 
ofiicers of such precinct, are erroneous, specifying where- 
in they deem them in error, said clerk shall forthwith 
Selectmen to transmit such statement to the selectmen. Such select- 
tionsTaistd.*^^^' mcu shall, thereupon, and within eight days next follow- 
ing the day of election, open the envelope or envelopes 
and examine the ballots thrown in said town or precinct, 
as the case may be, and determine the questions raised ; 
they shall then again seal the envelope or envelopes with 
a seal provided for that purpose, and endorse upon the 
envelope or envelopes a certificate that the same has been 
opened and again sealed by them in conforn]ity to law ; 
and the envelope or envelopes sealed as aforesaid shall be 
returned to the town clerk, who, upon the certificate of 
the selectmen, shall alter and amend such of the town or 
precinct returns as have been proved to be erroneous ; 
and such amended returns shall stand as the true returns 
of the town or precinct. 
fii^iTi^thVow^tf Section 2. If within two days next following the day 
clerk within two of au elcction in a town for town clerk, selectmen, assess- 

clays following ' ' 

election of cer- ors, trcasurcr, collector of taxes or school connnittee, at 
officers. which all of said ofiicers are voted for upon one ballot, 



1886. — Chapter 2G2. 203 

ten or more qualified voters of such town file with the 
town clerk a stutenient in writing that they have reason 
to believe that an error was made in ascertaining or de- 
claring the result of any such election, specifying wherein 
they deem such error to have been made, said clerk shall 
forthwith transmit such statement to the moderator. Such ^"ermllfeVhl 
moderator shall thereupon, and within three days next questionsraised. 
following the day of such election, open the envelope or 
envelopes containing the balk)ts cast for candidates for 
the office, the election to which is disputed, and determine 
the questions raised. If upon such determination it shall 
appear that some person was elected other than the person 
declared to have been elected, the moderator shall forth- 
with tile a certificate of such fact, signed by him, stating 
therein the number of votes cast for each candidate for 
the office, the election to which is disputed, as determined 
by the recount, with the town clerk, who shall record the 
same in his book of records of town meetings, directly 
following his record of the meeting at which said election 
was held, and shall within twenty-four hours after such 
filing cause a copy of such certificate, attested by him, to 
be delivered to or left at the residence of the person declared 
in open town meeting to have been elected, and to the 
person who by such certificate appears to have been 
elected. The person who by such certificate appears to 
have received the highest number of votes shall be deemed 
to have been elected. 

Section 3. Selectmen and moderators may appoint Tellers may be 
tellers in the manner provided in chapter two hundred 
and sixty-one of the acts of the year eighteen hundred and 
eighty-five, to assist them in recounting ballots under the 
provisions of this act. 

Section 4. The candidate or candidates whose election Canciidatesmfly 

T . 1 T .1 Ti. T -t , bo present with 

IS disputed, and the opposing candidate or candidates may couneoi. 
be present, with counsel, at any recount made under the 
provisions of either of the foregoing sections. 

Section 5. Section ten of chapter eight of the Public Amendment to 
Statutes is amended so as to read as follows : — The clerks ^ ' ^' ^' ^ ^'^' 
of cities, towns and wards composing such district shall 
meet at noon on the tenth day following an election for 
representatives, at the place so designated, and shall 
examine and compare such transcripts and ascertain what 
persons have been elected. If any error appears in a 
transcript or return, the clerks shall forthwith give notice 



201 



1886. — Chapter 263. 



Repeal ofP. S. 
8, § 11. 



Board of arbi- 
tration and Con- 
ciliation to be 
appointed. 



thereof to the officers required to make the return, and 
such officers shall forthwith, in conformity to the truth 
and under oath, make a new return, which, whether made 
with or without such notice, shall be received and ex- 
amined by said clerks within two days after the time 
appointed for the meeting ; and for that purpose the meet- 
ing may be adjourned not exceeding two days. No return 
shall be rejected when the number of votes given for each 
candidate can be ascertained. 

Section 6. Section eleven of chapter eight of the 
Public Statutes is repealed. 

Section 7. This act shall take effect on the first day 
of July next. Apjjroved June 2, 1S86. 

Ch(ip.2iQ3 ^N Act to provide for a state board of arbitration for the 

SETTLEMENT OF DIFFERENCES BETWEEN EMPLOYERS AND THEIR 
EMPLOYEES. 

Be it enacted, etc., as folloivs: 

Section 1. The governor, with the advice and consent 
of the council, shall, on or before the first day of July in 
each year, appoint three competent persons to serve as 
a state board of arbitration and conciliation in the manner 
hereinafter provided. One of them shall be an employer 
or selected from some association representing employers 
of labor, one of them shall be selected from some labor 
organization and not an employer of labor, the third shall 
be appointed upon the recommendation of the other two : 
provided, however, that if the two appointed do not agree 
on the third man at the expiration of thirty days, he shall 
then be appointed by the governor. They shall hold 
office for one year or until their successors are appointed, 
and if a vacancy occurs, the governor, in the same man- 
ner, shall appoint some one to serve out the unexpired 
term, and may in like manner remove any member of said 
board. The members of said board shall, before entering 
upon the duties of their office, be sworn to a faithful dis- 
charge thereof. They shall at once organize by the 
choice of one of their number as chairman, and one as 
clerk of said board. 

Section 2. The board shall, as soon as possible after 
its organization, establish such rules of procedure as 
shall be approved by the governor and council. 

Section 3. Whenever any controversy or difference, 
not involving questions which may be the subject of a suit 
at law or bill in equity, exists between an employer, 



Members to be 
sworn, and to 
organize by 
choice of cliair 
man and clerk. 



Rules of pro- 
cedure. 



Settlement of 
differences be- 
tween employ- 
era and em- 
ployees. 



1S8G. — Chapter 263. 205 

■whether an iiulividiial, copartnership or corporation, and 
his employees, if at the time he employs not less than 
t-sventy-tive persons in the same general line of business in 
any city or town in this Commonwealth, the board shall, 
upon application as hereinafter provided, and as soon as 
practicable thereafter, visit the locality of the dispute and 
make careful inquiry into the cause thereof, hear all per- 
sons interested therein who may come before them, advise 
the respective parties what, if anything, ought to be 
done or submitted to by either or both to adjust said dis- 
pute, and make a written decision thereof. This decision 
shall at once be made public, shall be recorded upon 
proper books of record to be kept by the clerk of said 
board, and a short statement thereof published in the an- 
nual report hereinafter provided for, and the said board 
shall cause a copy thereof to be filed with the clerk of the 
city or town where said business is carried on. 

Section 4. Said application shall be signed by said ^XhlltllT/ohe 
employer, or by a maiority of his employees in the de- miuiebyem- 

!.•/■'«/•-'»/ L •/ ^ plover or ov 

partment of the business in which the controversy or dif- m;ijontyofem- 

ference exists, or their duly authorized agent or by both ^°^^''^- 

parties, and shall contain a concise statement of the 

grievances complained of, and a promise to continue on 

in business or at work without any lock-out or strike until 

the decision of said board, if it shall be made within three 

weeks of the date of tiling said application. Immediately 

upon the receipt of said application the clerk of said 

board shall cause public notice to be given of the time and 

place for hearing. Should the petitioner or petitioners 

fail to perform the promise made therein, the board shall 

proceed no further thereupon without the written consent 

of the adverse party. 

Section 5. Upon the receipt of such application and ^de^t*o,nn'^°'' 
after such notice, the board shall proceed as before pro- writing, 
vided and render a written decision, which shall be open 
to public inspection, shall be recorded upon the records 
of the board and published at the discretion of the same, 
in an annual report to be made to the general court on or 
before the first da}- of Fel)ruary in each year. 

Section 6. Said decision shall be binding upon the DecWontobe 
parties who join in said application for six months, or month»/°""^ 
until either party has given the other notice in writing of 
his intention not to be bound by the same at the expira- 
tion of sixty days therefrom. Said notice may be given 



200 



18S6. — Chapter 264. 



Parties may 
a^ree upon a 
board of arbi- 
tiatiun. 



Compengation. 



to said employees by posting the same in three conspicu- 
ous places in the shop or ftictory where they work. 

Section 7. The parties to any controversy or differ- 
ence, as provided in section three of this act, may ayree 
upon a buard of arbitration and conciliation who shall, in 
the matters referred to them, have and exercise all the 
powers which the state board might have and exercise ; 
and their jurisdiction of the matters referred to them 
shall be exclusive, except that they may ask and receive 
the advice and assistance of the state board in the disposi- 
tion of the matters submitted to them for their determina- 
tion. The report of any board constituted under the 
provisions of this section shall at once be filed with the 
clerk of the city or town in which the controversy or dif- 
ference arose, and a copy thereof shall be forwarded to 
the state board. 

Section 8. The arbitrators hereby created shall be 
paid five dollars a day for each day of actual service, and 
their necessary travelling and other expenses, to be paid 
out of the treasury of the Commonwealth. 

Section 9. This act shall take effect upon its passage. 

Approved June 2, 1886. 



Chap.264: ^^ ^^T^ TO PROVIDE FOR PKECINCT VOTING IN TOWNS. 

Be it enacted, etc., as follows: 



Towns, accept- 
ing act, to be 
dividfd into 
voting precincts. 



Section 1. The selectmen of every town which shall 
accept the provisions of this act shall, within sixty days 
thereafter, divide said town into convenient voting pre- 
cincts for the holding of all meetings for the choice of 
officers elective by the people, except town officers. 
They shall define said precincts by natural or artificial 
monuments and boundaries, and number the same either 
by letters or figures, and shall make report of their 
doings, including therein such monuments and boundaries, 
the numbers of such precincts and the number of legal 
voters in each precinct, to the next town meeting. 
Such report may be modified or amended at the meeting 
duly ctdled to act thereon, and when accepted, either in 
its original or amended form, by a majority of the legal 
voters then present and voting thereon, shall become 
operative, and thereafter all meetings for the election of 
ofiicers, except town officers, shall be held in the pre- 
cincts established by said town ; but no such report shall 



1886. — Chapter 2G4. 207 

be acted ajx)!! at any meeting unless the same is filed in 
the otlice utthc town clerk seven days at least before said 
meeting. Such precincts may be changed at any meeting Precincts may 
duly called for the purpose, if the selectmen shall have ^"*^ ""*'' ' 
filed in the oiBce of the town clei'k seven days at least 
before said meeting, a report of the contemplated 
changes, giving monuments, boundaries and numbers of 
the contemplated precincts and the number of voters in 
each as determined by the last preceding registration of 
the voters as corrected ; but no changes, other than those 
proposed in such report, shall be made at such meeting. 
VVilbin ten days after the division of any town into pre- 
cincts, or of any change in the number of such precincts, 
the town clerk shall give notice thereof in writing to the Notice in writ- 
secretary of the Commonwealth, stating therein the num- tafyof tbecJm- 
ber of precincts then existing in said town. monweaith. 

Section 2. The registrars of voters of a town which pg'strnrs to 

. . , '^ , , . funiisn each 

has been divided into precincts in accordance with the P"^cinct with a 

. . /• 1 !• ,. 1 11 1 list of voterc, 

provisions ot the preceding section, shall, as soon there- aiHito post the 
after as may be, and not less than thirty days before the *''"^* 
day of the next succeeding annual election for officers 
other than town officers, make for each precinct a list of 
all the legal voters resident therein, and shall at least 
thirty days before said election cause each precinct list to 
be posted up in two or more public places in each pre- 
cinct, and thereafter said registrars shall make and cause 
to be posted such precinct lists in two or more public 
places in each precinct thirty days at least before each 
annual election for officers other than town officers. The 
notice and information required by section thirty-five of 
chapter two hundred and ninety-eight of the acts of the 
year eighteen hundred and eighty-four, shall be given 
upon such lists. Such lists shall be used in each precinct 
at all elections held therein. Any election in a town 
which has been divided into precincts as aforesaid, held 
after such division has been made, but before said pre- 
cinct lists have been made and posted in the manner 
and for the number of days required by this section, shall 
be held in the manner in which elections had theretofore 
been held in said town. 

Section 3. The assessors of taxes of each town which Duties of assees- 
has been divided into precincts as aforesaid, shall add to °" °f '''^'^«- 
the list required by section one of chapter two hundred 
and seventy-one of the acts of the year eighteen hundred 



208 1886. — Chapter 264. 

and eighty-five, and the act in amendment thereof, to be 
by them furnished to the registrars of voters, the precinct 
in which each person named in said list resides. In such 
towns the name of each voter shall be entered upon the 
list of voters of the precinct in which he was assessed, or, 
if not assessed, where he was liable to assessment, and 
the provisions of section twenty-tive of chapter two hun- 
dred and ninety-eight of the acts of the year eighteen 
hundred and eighty-four shall apply to the registration of 
persons in such towns. When a person becomes an in- 
habitant of such town after the first day of May and 
before an election at which he is entitled to vote, his 
name shall be entered on the list of the precinct of which 
he is an inhabitant when registered. 
Ameiidraent to Section 4. Scctlou thirty of chaptcr two huudrcd and 

1884, 298, § 30. . •i/»i r t • i iiii 

nmety-eight or the acts ot the year eighteen hundred and 
. eighty-four is amended by inserting after the word 
''cities" in the fourth line, the words: — and in towns 
which have been divided into precincts, — so that the 
same shall read as follows: — Section 30. The clerk of 
each city or town shall, on the first day of eveiy mouth, 
and also two days before every election, send to the regis- 
trars of voters a list which, in cities and in towns which have 
been divided into precincts, shall be by wards or piecincts, 
of male persons over twenty-one years of age deceased 
within the preceding month, or since the last time of 
sending such list ; and the names of such persons found 
upon the lists of voters shall be erased therefrom. 
Amen<imeTit to Sectiox 5. Sectlou thirty-oue of said chai^ter two 

1884, 298, § 31. , , , 1 • i. • V 4. • 111 ' * • f^ 

hundred and ninety-eight is amended by inserting atter 
the word " city" in the third line the words : — or town, 
— so that the same shall read as follows: — Section 31. 
At any election other than the annual state election, a 
person who has removed from one precinct to another 
within the same city or town, shall vote in the precinct 
in which he was entitled to vote at the last preceding 
annual state election. 
Selectmen to Section 6. The Selectmen of each such town, thirty 

ing places. days at least before the day of each election for otficers 
other than town ojBBcers, shall designate and appoint the 
polling place in each of the voting precincts in such town, 
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 three public 



18SG. — CiiArTER 2G4. 209 

places in each precinct a written or printed description 
of the place so designated, and sliall give snch other 
pnblic notice thereof as they may think necessary or 
proper. Such polling place shall be in a public, orderly 
and convenient portion of the precinct, and no building 
or part of a building shall be so designated or used in 
which, or in any part of which, intoxicating liquor is sold, 
or has beeu sold, within thirty days next preceding the 
day of election. 

Section 7. The selectmen of each such town, at some selectmen to 
time between the first and fifteenth days of October in precinct two' 
each year, shall appoint as election officers for each voting o^fe'^deTk?"* 
precinct, two wardens and one clerk, qualified voters in ®^''°''"'^ omcers. 
such precincts, and men of good repute and standing. 
Said wardens shall equally represent each of the two 
political parties which cast the largest number of votes 
in the Commonwealth at the annual election for oflScers 
other than town officers, next preceding their appoint- 
ment. Each of said officers shall be sworn to the faithful 
performance of his duties, and shall hold office for one 
year from the first day of November in the year in which 
he is appointed, and until a successor is appointed and 
qualified or he is removed. Any one of said officers may 
be removed at any time by the selectmen upon written 
charges of incompetence or official misconduct preferred 
either by the town clerk or by not less than six qualified 
voters of the precinct in which the officer is appointed to 
act. In case of any vacancy occurring before the first day Vacancies. 
of November in any year, or in case either of said officers 
shall decline to act and shall give notice thereof to the 
town clerk on or before said first day of November, the 
selectmen shall appoint some person qualified as aforesaid 
to fill said office ; and in making such appointment to fill a 
vacancy in the office of warden they shall preserve the 
just and equal representation of the two leading political 
parties in such precinct offices. Every person so ap- 
pointed shall be sworn to the faithful performance of his 
duties. In case said wardens or precinct clerk or either if election officer 
of them are absent at the time designated for the opening abfe'pers'on t^'o'be 
of the polls or during the day of an election, a suitable ^'j'^'^''^'' V i^uJ 
person or persons, as the case may be, shall be elected by 
the voters of said precinct by nomination and hand vote 
with full power to act in place of the absent officer or offi- 
cers during his or their absence, and before entering upon 



210 



1886. — Chapter 264. 



Attendance of 
election officers. 



Powers and 
duties of war- 
dens. 



Precinct clerks. 



Candidate for 
office not to be 
appointed 
election officer 
or teller. 



Ballot boxes. 



Wardens may 
appoint tellers 



the performance of the duties of the office, he or they 
shall be sworn by a warden or the precinct clerk or a 
justice of the peace to the faithful performance thereof. 

Section 8. Such election officers shall attend at the 
times and places, designated for meetings in their respec- 
tive precincts for the election of all officers except town 
officers. Said wardens shall, in their respective pre- 
cincts, except as herein otherwise provided, have the same 
powers and be subject to the same duties and liabilities as 
are now conferred and imposed by law on selectmen in con- 
ducting elections, and said precinct clerks shall, in their 
respective precincts, except as herein otherwise provided, 
have the same powers and be subject to the same duties 
and liabilities as are now conferred and imposed by law 
on town clerks in the conduct of elections. They shall 
each receive such reasonable compensation for their ser- 
vices as the town shall deteimine. No person shall be 
eligible to the position of election officer or teller in any 
precinct where he is a candidate to be voted for, and when- 
ever any person appointed as aforesaid becomes such 
candidate he shall be removed by the selectmen and the 
vacancy so caused be filled by them in the manner pro- 
vided in section seven. 

Section 9. Town clerks shall send to the officers of 
each precinct in their respective towns, before the opening 
of the polls on the day of every election held in said pre- 
cincts, the ballot box, furnished by the secretary of the 
Commonwealth, with such seals and other ballot boxes as 
may be approved by the selectmen. Selectmen of towns 
having more than one voting precinct shall depute one or 
more police officers or constables to attend at each such 
precinct on the day of every election held therein, and 
under the direction of the wardens to aid in preserving 
order and in enforcing the provisions of this act. The 
wardens of each precinct shall have charge of said boxes 
and seals, and shall, at the close of each election, return 
the same, either personally or by the hand of the police 
officer or constable in attendance at the precinct, to the 
town clerk. The precinct clerk shall, at the end of the 
term for which he was appointed or whenever he ceases 
to hold said office, deliver the records of the precinct and 
other documents to the town clerk. Such wardens may 
appoint tellers to aid them in checking the names of voters, 
or in assorting and counting votes, who shall be sworn to 



1886. — Chapter 264. 211 

the faithful discharge of their duties. Such tellers shall 
be appointed in equal numbers from the two political par- 
ties which cast the larj^cst number of votes in the Com- 
mou wealth, at the annual election next preceding their 
appointment. Every such teller shall be subject to the 
same penalties to which the wardens so appointing him are 
subject in the performance of the duties in which such 
teller assists. 

Section 10. The votes cast at elections held in such ^"t^^'jj'',,^'' 
precincts shall be received, sorted and counted by the counted in 

I -ii • !• , u •/• 1 open meeting. 

w^ardens, with the assistance oi the tellers, it any, and 
public declaration made thereof in open precinct meetings. 
As soon as the polls are closed the wardens, with the 
assistance of the tellers, if any, shall proceed to canvass 
the votes ; such canvass shall be public, and shall not be 
adjourned nor postponed until it shall have been fully 
completed. As soon as the polls are closed, a record 
shall be made by the clerk of the condition of the ballot 
box register ; the officer in charge of the voting list shall, 
in the presence of the other officers and the public, count 
in a distinct and audible voice the names checked on said 
list and announce the whole number thereof; the ballot Dutyofwani- 
box, without being removed from the public view, shall ^"*' 
then be opened by the wardens ; the ballots shall be taken 
therefrom and audibly counted one by one, and when the 
count is completed the whole number of ballots cast shall 
be announced, and the counting of the number of votes 
received by each person voted for shall then proceed. 
All ballots, after being removed from the box shall be 
kept within the unobstructed view of the voters present 
at the place of meeting until they are placed in the enve- 
lope as required by law. The total number of ballots cast. Number or 
the names of persons voted for, the number of votes re- n'um"esof p'^-r- 
ceived for each person, and the title of the office for which etc"! t'o°beVe.'^' 
he is proposed, together with the number of blank votes ^"'■'^'^'i' 
for each office, shall be entered in words at length by the 
precinct clerks in their respective records. The precinct certified copies 
clerks shall forthwith deliver certified copies of siich rec- semTo^towa 
ords to the town clerks, who shall forthwith enter the *^''"''^" 
same in the town records. 

Section 11. Moderators of meetings held for the votes to be 
election of the town officers named in section two of an vebpes.'in^open 
act of the general court of the present year, entitled " An meeting, eeakd 

*— ' -*• *' , up» siiu cn- 

Act to provide for a recount of ballots cast at elections dorsed. 



212 



1886. — Chapter 264. 



Check list to be 
euelosed and 
sealed up. 



Copy of check 
list may be fur- 
nished. 



Custody of 
check lists and 
ballots. 



held in towns", in the miinner therein provided; select- 
men who preside at elections for national, state, district 
and county officers ; and the wardens of each precinct, 
in toAvns which have been divided into precincts, shall 
cause the ballots cast for such officers, after the same have 
been sorted, counted, declared and recorded, to be secured 
in an envelope, in open town or precinct meeting, as the 
case may be, and sealed with a seal provided for the pur- 
pose, and with the private seal of any election officer or 
supervisor who may desire to affix the same, and shall en- 
dorse upon the envelope for what officers the ballots were 
cast, the date of the election, and a certificate that all the 
ballots cast by the voters of said town or precinct, as the 
case may be, for such officers, and none other, are con- 
tained in said envelope. The moderator, selectmen and 
wardens shall forthwith personally deliver, or transmit by 
the constable or police officer in attendance at said elec- 
tion, the ballots, sealed as aforesaid, to the town clerk. 

Section 12. In every election, in a tow^n having more 
than one voting precinct, for the choice of officers other 
than town officers, in which a check list is required by law 
to be used, the vv^ardens of each precinct shall cause the 
check list so used to be enclosed and sealed in an envelope 
and transmitted in the same manner as the ballots cast at 
such election are required to be secured and transmit ted ; 
and the election officers in each precinct shall certify on 
such envelope to the identity of the check list so enclosed. 
The town clerk may furnish a copy of a check list after it 
has been used in any precinct, upon the application of not 
less than ten legal voters resident therein ; and immedi- 
ately upon such copy being furnished, the check list shall 
be again sealed up. 

Section 13. Town clerks of towns having more than 
one voting precinct shall preserve in their custody the 
check lists used at any election for the same length of 
time as is required by law for the preservation of ballots. 
And as soon as may be thereafter they shall transmit said 
lists to the clerk of the board of registrars of voters of 
their respective towns and cities, and said board shall pre- 
serve them for future reference in such manner as the^^ 
may deem best. Such town clerks shall receive envelopes 
containing the ballots thrown at elections, sealed as herein 
provided, and shall retain them in their caie until the re- 
quirements of law have been complied with, and as soon 



18SG. — Chapters 265, 266. 213 

as nia\' be thereafter they shall cause said ballots to bo 
destroyed Avithout examining them, or permitting them to 
be examined by any person whatsoever, and shall make an 
entry in the records of the town that they have been so 
dcstro3xd ; and any such clerk who examines such ballots, 
or permits them to be examined, shall be punished by tine 
not exceeding two hundred dollars. 

Skctiox 14. The provisions of sections nine, thirty- Provisions to] 
seven, thirty-nine, forty, forty-one and forty-two of chapter ''^^ ^' 
two hundred and ninetj'-nine of the acts of the year eight- 
een hundred and eighty-four, and of all existing laws re- 
lating to elections, which are not inconsistent herewith, 
shall apply to elections held in such precincts. 

Approved June 2, 1886. 

An Act to confirm the proceedings of the last annual meet- (7/i(xw.265 

ING OF THE GREAT HARRINGTON FIRE DISTRICT. 

Be it enacted^ etc., as follows : 

Section 1. The proceedings of the Great Barrington Pioceedioga 
fire district of Great Barrington at its annual meeting, held 
on the ninth day of April in the year eighteen hundred 
and eighty-six, shall not be invalid for the reason that the 
list of voters of said tire district was not made out and 
posted up in said district at least ten days before said 
meetino: as required by section forty-seven of chapter 
thirtj'-tive of the Public Statutes ; and all the doings of 
said meeting are hereby ratified and confirmed. 

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

Approved June 2, 1886. 

An Act to supply the turner's falls fire district with pure (JJiaf^, 9C)(\ 

WATER. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The Turner's Falls fire district in the town Turner's Faiia 
of Montague may supply itself and its inhabitants with wate"!-' supply. 
water to extinguish fires and for domestic and other pur- 
j)oses ; may establish fountains and hydrants ; relocate or 
discontinue the same; and may regulate the use of said 
water and may fix and collect rates for such use. 

Section 2. Said fire district for the purpose aforesaid ^'l^ake^piTasant 
may take, by purchase or otherwise, and hold the waters and Green pond. 
of Lake Pleasant and Green pond in the town of Mon- 
tague, or the waters of either of them with the water rights 



214 1886. — Chapter 266. 

and water sources connected therewith, and may also, if 
it so elect, take a supply of water sufficient for all the pur- 
poses of this act from the Connecticut river at any point 
within the limits of the town of Montague. Said fire dis- 
May take lands, ^j-j^.^ jjjjjy jj]gQ ^g^i^g, |jy purchase or othcrwise and hold all 

lands in said town of Montague necessary for taking, 
holding and preserving such waters and conveying the 
same to and through any and all parts of the said Turner's 
Falls fire district and elsewhere in said town of Montague 
Proviso. as hereinafter mentioned : provided, also, that in case the 

Turner's Falls Company and the said fire district cannot 
agree upon the location, laying and construction of the 
conduits, pipes and other works, upon, over or under, or 
along the present or projected canal and raceway of the 
Turner's Falls Company, then the conduits, pipes and 
other works shall be located, laid down and constructed 
under the direction of the county commissioners for the 
May erect dams couuty of Franklin: and said fire district may erect and 
structures. coustruct on the lands thus taken or held proper dams, 
buildings, fixtures and other structures, and may make 
excavations and procure and run machinery therefor, with 
such other means and appliances as may be necessary for 
complete and effective water works ; and for that purpose 
may construct, lay down and maintain aqueducts, conduits, 
pipes and other works under or over any lands, water 
courses, roads, railroads, or other ways, and along any 
street, highway, or other way in said town of Montague, 
in such manner as when completed shall not unnecessarily 
obstruct the same ; and for the purpose of constructing, 
laying down, maintaining and repairing such aqueducts, 
conduits, pipes and other works, and for all other pur- 
poses of this act, said fire district may dig up, raise and 
embank any such lands, highways, or other waj^s in such 
manner as to cause the least hindrance to public travel ; 
fimM>fL*mmen ^^^ ^^^ thiugs douc upou any street, road or highway shalS 
of Montague, be subjcct to the direction of the selectmen of said town 
Proviso. of Montague : provided, that all conduits, pipes or other 

works, crossing or occupying the premises or property of 
any railroad corporation in said town of Montague shall 
be located, laid down and constructed under the direction 
of the board of railroad commissioners. 
A dPKoription of Section 3. Said Turner's Falls fire district shall 

lands, etc.,tiikeii, , , . • . i r, ^i ^ > • j? i l .. 

tn be recorded withui ninctydays after the taking or any lands, water 
of dledsf '^^"^^ sources or water lights as aforesaid, otherwise than by 



1886. — Chapter 266. 215 

purchase, file aud cause to be recorded in the registry of 
deeds for the county of Franklin a description thereof 
sufficiently accurate for identification, with a statement of 
the pui-pose t'ov which the same is taken, signed by the 
water commissioners hereinafter provided for. 

Section 4. The said Turner's Falls fire district shall ^I'^l'l^i^''"" 
be liable to pay all damages to property sustained by any 
persons or corporations by the taking of any lands, water 
sources or w-ater rights by said district, or by the con- 
struction of any aqueducts, reservoirs or other works for 
the purposes aforesaid. Any persons or corporations 
injured in their property under this act, and failing to 
agree with said district as to the amount of damages, may 
have them assessed and determined in the manner pro- 
vided by law where land is taken for highways, by 
making a written application therefor within two years 
after the taking of such land, water sources or water 
rights, or other injury done as aforesaid under this act but 
not thereafter. No application for the assessment of P'"*', ^PP"f "°" 

II _ to be raaae fur 

damages shall be made for the taking of any water rights damages until 
or water sources, or for any injury thereto, until the water diverted. 
has actually been drawn or diverted by said district under 
the authority of this act. 

Section 5. For the purposes of paying all expenses Tumor's f^.us 
and liabilities incurred under the provisions of this act 
said district may issue bonds, notes or scrip from time to 
time, signed by the treasurer of the fire district aud coun- 
tersigned by the chairman of the water commissioners, to 
be denominated on the face thereof Turner's Falls Water 
Loan, to an amount not exceeding one hundred thousand 
dollars, payable at periods not exceeding thirty years from 
date of issue, and bearing interest payable semi-annually 
at a rate not exceeding six per centum per annum. And ^eTor^piedg""" 
said district may sell said securities at public or private the same for 

1 "• 11 111 r money bor- 

sale at not less than par or pledge the same tor money rowed. 

borrowed for the purposes of this act upon such terms 

and conditions as it may deem proper. And said district 

shall pay the interest upon said loan as it accrues, and 

shall provide for the payment of the principal thereof at 

maturity by establishing at the time of contracting said 

debt a sinking fund, or, from year to year, by such pro- sinkingfund to 

portionate payments as will extinguish the same within Reestablished. 

the time prescribed by this act. In case said district shall 

decide to establish a sinking fund, it shall contribute 



216 1886.— Chapter 266. 

thereto annually a sum sufficient with its accumulations to 
pay the principal of said loan at maturity ; and said sink- 
ing fund shall remain inviolate and pledged to the payment 
of said debt, and shall be used for no other purpose. If 
Pnjmentofioan said district shall decide to pay the principal of said loan 

by instalments. i • , i . i j ^ ^ i 

by instalments, such amounts as may be uecessary to make 
such payments shall without further vote of said district 
be raised annually by taxation in the same way as money 
is raised for other district expenses. 
To raise annu- Section 6. The Said district shall raise by taxation 

ally by taxation i • i • i i • i t /• 

sufficient to pay annually a sum which with the income derived from the 

penses and'in- salc of Water shall be sufficient to pay the current annual 

terest. expcuscs of Operating its water works and the interest 

accruing on the bonds issued by said district together with 

such payments on the principal as may be required under 

the provisions of this act. 

May raise money SECTION 7. Said district is further authorized to raise 

for enlargement , , ,. r r ii i? 1 

of works. by taxation any sum oi money tor the purpose ot enlarg- 

ing or extending its water works and providing additional 
appliances and fixtures connected therewith, not exceed- 
ing five thousand dollars in any one year, in the same way 
as money is raised for ordinary district expenses. 

Assessment and SECTION 8. Whenever a tax is duly voted by said dis- 

collection of tax. . /. i r- i • i i i i 1 1 i 

trict for the purposes oi this act, the clerk shall render a 
certified copy of the vote to the assessors of the town of 
Montague, who shall proceed within thirty days to assess 
the same in the same manner in all respects as other taxes 
in said district are required by law to be assessed. The 
assessment shall be committed to the town collector who 
shall collect said tax in the same manner as is provided 
for the collection of town taxes, and shall deposit 
the proceeds thereof with the district treasurer for the 
use and benefit of said district. Said district may col- 
lect interest on taxes when overdue at a rate not 
exceeding one per centum per month in the same manner 
as interest is authorized to be collected on town taxes : 

Proviso. provided, said district at the time of voting to raise a 

tax shall so determine, and shall also fi.K a time for pay- 
ment thereof. 

May make con- SECTION 9. Said district may make such contracts 

tracts to supply .,.,..,, • ', , /» n r 

water, and may With ludividuals, corporatioHS aud the town oi Montague 

t^hrongifthr for the Supplying of water as may be agreed upon, and 

*^°^"' may extend its pipes for that purpose under the direction 

of the selectmen of the town of Montague through the 



18SG. — Chapter 206. 217 

streets :iik1 hiiibwtiys of said town lying outside the cor- 
porate limits of said (h'strict. 

Section 10. Said Turner's Falls fire district shall, ^.l^/toT"" 
after its acceptance of this act» at a legal meeting called elected. 
for the purpose, elect by ballot three persons to hold 
cfEce, one until the expiration of three years, one until 
the expiration of two years, and one until the expiration 
of one year from the next succeeding annual meeting, to 
constitute a board of water commissioners ; and at each 
annual meeting thereafter one such commissioner shall be 
elected by ballot for the term of three years. All the au- 
thority granted to the said district by this act and not 
otherwise specifically provided for shall be vested in said 
board of water commissioners, who shall be subject, how- 
ever, to such instructions, rules and regulations as said 
district may impose by its vote; the said commissioners 
shall be trustees of the sinking fund herein provided for, 
and a majority of said commissioners shall constitute a 
quorum for the transaction of business relative both to 
the water works and to the sinking fund. Any vacancy vacancies in 
occurring in said board from any cause may be filled for 
the remainder of the unexpired term by said fire district 
at any legal meeting called for the purpose. No money 
shall be drawn from the district treasury on account of 
said water works except by a written order of said com- 
missioners or a raaiority of them. Said commissioners commissioners 

o •> ,,,... . . to make annual 

shall annually make a full report to said district in writing report. 
of their doings and expenditures. 

Section 11. The said district may adopt by-laws pre- District meet- 
scribing by W'hom and how meetings may be called and '"^*' 
notified ; but meetings may also be called on application 
of ten or more legal voters in said district by warrant 
from the selectmen of said town on such notice as may be 
prescribed therein. The said district may also provide Rules and regu- 
rules and regulations for the management of its water age?i'ient°of™*°" 
works not inconsistent with this act or the laws of this ^°''^*- 
Commonwealth, and may choose such other officers not 
provided for in this act as it may deem proper and neces- 
sary. 

Section 12. Whoever wilfully or wantonly corrupts, Penalty for cor- 
pollutes or diverts any of the waters taken under this act, o?fo"nij^ry"o 
or wilfully or wantonly injures any dam, reservoir, aque- ^'"'^^• 
duct, conduit, pipe or other property owned or used by 
said district for the purposes of this act, shall forfeit and 



218 



1886. — Chapters 267,208. 



Subject to ac- 
ct-ptance by a 
two-third8 vote 
of the district. 



Payment of fees 
for arrest of 
fugitives from 
justice. 



pay to said district three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above acts shall be 
punished by a fine not exceeding one hundred dollars or 
by imprisonment not exceeding six months. 

Section 13. This act shall take effect upon its pas- 
sage, but shall become void unless accepted by a two- 
thirds vote of the voters of said district present and vot- 
ing thereon at any legal district meeting called for the 
purpose within two years from its passage. 

Approved June 3, 1886. 

ChciTf.^On An Act in relation to the fees and expenses of agents ap- 
pointed BY the governor TO DEMAND OF THE AUTHORITIES OF 
other states OFFENDERS FLEEING FROM JUSTICE. 

Be it enacted, etc., as follows : 

Section 1. When an application for the arrest of a 
fugitive from the justice of this Commonwealth is com- 
plied with and an agent appointed under the provisions of 
chapter two hundred and eighteen of the Public Statutes, 
his account shall be allowed and paid, like other costs in 
criminal cases, by the county in which the proceedings 
are pending: jjrovided, however, that the governor in his 
discretion may direct the payment of the whole or any 
l^art of such account out of the treasury of the Common- 
Avealth. 
^®P®^'- Section 2. Section six of chapter two hundred and 

eighteen of the Public Statutes is repealed. 

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

Approved June 3, 1886. 

ChcLp.2iGS -A^N Act to incorporate the improved dwellings association of 

SPRINGFIELD. 

Be it enacted, etc., as foUoivs : 

Section 1. Calvin C. Chaffee, Charles Hall, All)ert 
T. Folsom, Guidon Bill, Edward C. Kogers, John M. 
Stebbins and Daniel P. Crocker, their associates and suc- 
cessors, are hereby made a corporation for the term of 
thirty years by the name of the Improved Dwellings 
Association of Springtield, to hold and improve real es- 
tate in the city of Springfield for the purpose of erecting, 
maintaining, leasing and improving homes for working 
people and others of modeiate means, and to promote the 
adoption of modes of building and enforcement of sani- 



Im proved 
Dwellings Asso- 
ciation of 
Springfield, in- 
corporated. 



1886. — Chapter 269. 219 

tary regulations calculated to secure the comfortable and 
healthful condition of structures so occupied ; subject to 
the jirovisons of chapters one hundred 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, Real estate. 
sell and hold real estate for the purposes aforesaid. 

Section 3. The capital stock of said corporation shall an^^Bh'ares?'' 
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 
six per cent, per annum on the par value thereof. 

Section 4. Any surplus accumulated by said corpora- surplus to b« 
tion shall be used as a sinking or reserve fund, or in im- ingfund. 
proving the condition or increasing the number or the ex- 
tent and capacity of the buildings occupied for such 
homes : provided, however, that the rentals from all the Proviso. 
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 ex- 
ceeding fifty thousand dollars. 

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

Approved Jane 5, 1886. 

An Act to incorporate the braintree water supply company QJian.2i)^ 
Be it enacted, etc., as follows: 

Section 1. Francis A. Hobart, William Wheeler, Braimre" water 
Joseph E. Manning, E. Watson Arnold, Benjamin F. p"ny/incor™' 
Dyer, Charles F. Parks, and their associates and succes- p'""''^'^'^- 
sors, are hereby made a corporation by the name of the 
Braintree Water Supply Company, for the purpose of fur- 
nishing the inhabitants of the town of Braintree with 
water for the extinguishment of fires, and for domestic 
and other purposes ; with all the powers and privileges 
and subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or may here- 
after be in force applicable to such corporations. 

Section 2. The said corporation, for the purposes May take certain 
aforesaid, subject to the condition herein prescribed, tree a-id uan. 
may take by purchase or otherwise, and hold the waters, *^°'^'''' 
or so much thereof as may be necessary, of Great pond 
in the towns of Braintree and Kandolph, and the waters 
of any spring or artesian or driven wells within the town 



220 1886. — Chapter 269. 

of Braintree, and the water rights connected therewith, 
except the property known as the Monatiqiiot spring, so 
called, in South Braintree, and also all lands, rights of 
way and easements, necessary for holding and preserving 
such water, and for conveying the same to auy part of 
said town of Braintree, and may erect on the land thus 
taken and held proper dams, buildings, fixtures and other 
May make exca- structurcs J aud mav make excavations, procure and oper- 

vatlons and lay ,. ,•' ., , i it 

down conduits, ate machinery, and provide such other means and appli- 
ances as may be necessary for the establishment and 
maintenance of complete and effective water works ; and 
may construct aud lav 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 ; 
aud for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 
Mavdiifup pTopcr purposcs of this act, said corporation may dig up 
direction of the any such lauds and, under the direction of the board of 
Beifcimen. selectmcu 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. 
itn1i?ctc.Senf Section 3. The said corporation shall, within sixty 
to be recorded ' days after the taking of any lands, rights of way, water 

in the registry . -^ O ^ ^ • 1 fl • 

of deeds. nguts, Water sources or easements as aioresaid, otuerwise 

than by purchase, file aud cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof, sufii- 
cieutly accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

duma''e8^°'^ Section 4. The said corporation shall pay all dam- 

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 



1886. — CiiArTER 269. 221 

the doing of other injiiiy, under the authority of this act ; 

but no such application shall be made alter the expiration 

of said three years. No application for assessment f »f ^r damag"s"o 

dama<res shall he made for the takinjj of any water, water be made until 

~ . . . -1 1 • J II water is actually 

right, or tor any injury thereto, until the water is actually diverted. 
withdrawn or diverted by said corporation under the au- 
thority of this act. 

Section 5. The said corporation may distribute the May regulate 
water through said town of Braintree or any part thereof; "ndfismld'^coi- 
may regulate the use of said water, and fix and collect '*'''"^''^^*" 
rates to be paid for the use of the same ; and may make 
such contracts with the said town, or with any fire dis- 
trict that is or may hereafter be established therein, or 
with any individual or corporation, to supply water for 
the extinguishing of fire or for other purposes, as may be 
agreed upon by said town or such fire district, individual 
or corporation, and said corporation. 

Section 6. The said corporation may, for the pur- capital stock 
poses set forth in this act, hold real estate not exceeding ^'^ 
in amount twenty thousand dollars ; and the whole capi- 
tal stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hun- 
dred dollars each. 

Section 7. Whoever wilfully or wantonly corrupts, Penalty for cor- 
poUutes, or diverts any of the waters taken or held under d"ve"thig water. 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 8. The said corporation may purchase from May purchase 

., J]. -I i_ A. • t • aqueduct or 

the owner ot any aqueduct or water pipes now used m pfpesnowin 
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 May issue 
bearing 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 



222 1886. — Chapter 269. 

its capital stock actually paid in and applied to the pur- 
poses of its incorporation. 
Town of Brain- 8ection 10. The Said town of Braintree shall have 
chatr/raifcwse the right, at any time during the continuance of the char- 
andpioperty. ^^^, hereby granted, to purchase the franchise, corporate 
property, and all the rights and privileges of said corpo- 
ration, at a price which may be mutually agreed upon be- 
tween said corporation and the said town ; and tbe 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 au- 
thority to purchase said franchise and property is granted 
on condition that the same is assenled to by said town by 
a two-thirds vote of the voters present and voting thereon 
at a meeting called for that purpose. 
Braintree Water ^ECTiON 11. The Said towu may, for the purpose of 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time, bonds, 
notes or scrip to an amount not exceeding in the aggre- 
gate one hundred thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words Braintree 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 treas- 
urer of the town, and countersigned by the water commis- 
sioners 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 
Binding funcUo Said town, uulcss it avails itself of the provisions of sec- 
^^ ''^'''^"''"''^" tion twelve, 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 in- 
violate and pledged to the payment of said loan, and shall 
be used for no other purpose. 



1886. — Chapter 2C9. 223 

Section 12. The said town, instciid of establishing' a May make 

• ^ • r ^ i. i.1 J." ^ ii • • • 1 1 Htiiiual propor- 

sinking innd, may, at the time oi authorizing said loan, tionaie pay- 
provide for the payment thereof in such annual propor- rstabiishing'"^ °' 
tionatc 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. 

Section 13. The return required by section ninety- Amount of sink- 
one of chapter eleven of the Public Statutes shall state bifsiaieci h^' '^'^ 
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 14. The said town shall raise annually, by to raise an. 
taxation, a sum which, with the income derived from the lion /utifciem^ij 
water rates, will be sufficient to pay the current annual expen"erand 
expenses of operating its water works, and the interest as i'^'«''est. 
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 water commis 

. 1 ,. , . -, • 1 -1 • 1 • B'oners to be 

said franchise and corporate property, as provided in this elected. 
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. AH the authority granted 
to the said town by this act, and not otherwise specifi- 
cally provided for, shall be vested in said board of water 
commissioners, who shall bo subject, however, to such in- 
structions, 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 



224 



1886. — Chapter 269. 



Vacancies. 



Authority to 
take water Bub- 
jeci to a major- 
ity vote of the 
town. 



Rights of Brain- 
tree, Randolph 
and Holbrook to 
take waters of 
Great pond not 
affected. 



Right of Brain- 
tree to take 
waters, etc. 



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. 

Section 16. The authority herein granted to said 
corporation, to take the waters or any part thereof of said 
Great pond, for the purpose of furnishing the said town 
of Braintree and its inhabitants with water, is granted on 
the condition that the same is assented to by a majority 
vote of the voters present and voting thereon at a legal 
meeting of said town called for the purpose, within two 
years from the passage of this act, but the number of 
meetings so called in any year shall not exceed three. 

Section 17. Nothing herein contained shall be con- 
strued to affect the rights of the towns of Braintree, Ran- 
dolph and Holbrook to equal portions or shares of the 
waters of said Great pond, as provided in chapter two 
hundred and seventeen of the acts of the year eighteen 
hundred and eighty-five, entitled, An Act to supply the 
towns of Braintree, Randolph and Holbrook with water. 
But upon the passage of this act, the said towns of Ran- 
dolph and Holbrook, if they have accepted said act of 
the year eighteen hundred and eighty-five, as therein pro- 
vided, may proceed to carry out the provisions of said act 
as though said act had not been accepted by the said 
town of Braintree : provided^ that if the said town of 
Braintree shall refuse to give its assent as provided in sec- 
tion sixteen of this act, and shall at any time after the 
passage of this act, elect commissioners under the said 
act of the year eighteen hundred and eighty-five, and vote 
to proceed thereunder, then and in such case said town of 
Braintree shall have the right to take the waters of said 
Great pond by a separate conduit or from the conduit 
constructed jointly by said towns of Randolph and Hol- 
brook at its election. If it elects to take said waters 
through a separate conduit, then and in that case it shall 
pay or secure to the said towns of Randolph and Hol- 
brook a just and equitable proportion of any damages or 
liabilities incurred by them in the taking of the waters of 
said Great pond. If it elects to use a common conduit 
constructed by said towns jointly it shall pay or secure a 
just and equitable part or proportion of the expense of 
constructing such conduit including any land damages re- 
sulting therefrom, and any damages incurred in the tak- 



1886. — Chapter 2G9. 225 

ing of said waters. If it elects to use any other works 
jointly erected or constructed hy the said towns of Ran- 
dolph and Holbrook it t-hajl also pay a just and equitable 
part or proportion of the expense or liability jointly in- 
curred by said towns in the construction of such works 
so used by it. In case the said towns are unable to agree if towns fan to 
in any matter arising under the provisions of this section, gfon^ersToTe-* 
then the matter in controversy shall be determined in the t^^'^'n*'- 
manner provided in section thirteen of said act of the 
year eighteen hundred and eighty tive, by commissioners 
appointed as therein provided, and thenceforth the town of 
Braintree shall be entitled to all the rights and privileges 
and be subject to all the duties and obligations contained 
in said last named act, not inconsistent with this act. 

Section 18. In case said town of Braintree gives its if Braintree as. 
assent as provided in section sixteen, the said towns of Hoibrooklnd^' 
Randolph and Holbrook and said corporation mav unite t'»' corporation 
in a loint takinoj of the waters of said Great pond, if the joint takingof 

waters 

boards of water commissioners of said towns of Randolph 
and Holbrook and said corporation shall deem it expedi- 
ent so to do. The supervision, management and control 
of the waters of said Great pond, taken and held, jointly 
or separately, by said towns of Randolph and Holbrook 
and said corporation, and the letting down of the same, 
shall be vested in a joint water board, to be composed of 
the chairman of each board of water commissioners, for 
the time being, of said towns and the president of said 
corporation ; and any matter of controversy arising there- 
from, or connected therewith, shall be determined in the 
manner provided in section nineteen of this act by com- 
missioners appointed as therein provided. 

Section 19. In case the said towns of Randolph and AdjuRtmentof 

XT iiii'i • 11 namaees. 

Holbrook and said corporation take the waters of said 
Great pond, either jointly or separately, the damages re- 
sulting from such taking or for any injury to the water 
rights connected with said Great pond, and which damages 
said towns and said corporation shall have been adjudged 
liable to pay, shall be adjusted, borne and discharged 
equitably between said towns and said corporation, and 
each of said towns and said corporation shall be entitled 
to an equal share of said waters. In case said towns and 
said corporation are unable to agree in any matter relat- 
ing to such damages, then the matter in controversy shall 
be determined by three commissioners to be appointed by 



226 1886. — Chapter 270. 

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. 
ifBraintre^e SECTION 20. Jd casc Said town of Braiutrec shall Dur- 

pinchases fran- i i /• . . i i • i t 

chjse, etc., chase the franchise, corporate property and the riorhts and 

power to be .., „ ., f i • -iiai 

veetedina joint privileges ot Said Corporation, as herein provided, then 

water board. ^^^^^^ thereafter the supervision, management and control 
of the waters of said Great pond, taken or held by said 
towns of Braintree, Eandolph and Holbrook, and the 
letting down of the same, shall be vested in a joint water 
board to be composed of the chairman of each board of 
water commissioners, for the time being, of the said 
towns ; and any matter of controversy arising therefrom 
or connected therewith, shall be determined in the manner 
provided in section nineteen, by commissioners appointed 
as therein provided. 

Repeal. SECTION 21. Chapter one hundred and ten of the acts 

of the year eighteen hundred and eighty-four is hereby re- 
pealed. 

Security for SECTION 22. The couutv commissioucrs for the countv 

damages may be . . -' • I i ♦ 1 i 

required to be witbiu 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 se- 
curity for the payment of all damages and costs which 
may be awardecl such owner for the land or other property 
so taken ; but previous to requiring such security, the 
county commissioners shall, if application therefor is made 
by either party, make an estimate of the damages which 
may result from such taking, and the county commission- 
ers shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insufficient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for making surveys, shall be suspended until 
it gives the security so required. 
Work to be Section 23. This act shall take effect upon its pas- 

within three Sage, but shall bccomc void unless work under this act is 
^'^^"' commenced within three years from the date of its passage. 

Approved June 5, 1886. 

Chap.270 ^^ ^^'^ ^N RELATION TO TAXATION OF TELEPHONE COMPANIES. 

Be it enacted, etc., as follows: 
Taxation of tele- Section 1. Evcrv corporatiou chartered by this Com- 

phonecompa- • i i ^i i i /• xi 

Dies. monwealth, or organized under the general laws tor the 



188G. — Chapter 271. 227 

purpose of manufiicturing, owning, selling, using or 
licensing others to use electric speaking telephones and 
other api)ariitus and appliances pertaining to the transac- 
tion of telephonic business either wholly or partly within 
this CommonAvealtli shall be subject to the provisions of 
sections thirty-eight to forty-one inclusive of chapter 
thirteen of the Public Statutes, except so far as the 
same relate to telegraph and railroad companies. And ^"tlfJ'ufsTOm-" 
every such corporation may between the first and tenth missioner. 
days of May in each year make a return to the tax com- 
missioner specifying therein the amount and their market 
value of all stocks in other corporations held by it upon 
which a tax has been assessed and actually paid either in 
this or other states for the twelve months next preceding 
the date of said return, which return shall be signed by 
its president, treasurer and clerk and by them sworn to, 
and it shall be the duty of the tax commissioner or his 
deputy to examine the books, accounts and papers of such 
corporation so far as may be necessary for the verifica- 
tion of said return ; and said amount so returned and veri- 
fied shall be deducted from the valuation of the corporate 
franchise of such corporation as determined in the manner 
provided in section thirty-nine of said chapter thirteen, in 
addition to the deductions provided for in section forty of 
sai4 chapter so far as the same are applicable to such cor- 
poration. 

Section 2. All acts and parts of acts' inconsistent Repeal. 
herewith are hereby repealed. 

• Section 3. This act shall take effect upon its passage, Taxtobecoi- 
and a tax shall be laid and collected under the provisions /ear isso.^ ^ 
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 May. Apjyroved Jane 3, 18S6. 

An Act to authorize the town of lenox to construct a njinnr) 271 

SYSTEM OP SEWAGE DISPOSAL. " 

Be it enacted, etc., as follows : 

Section 1. The town of Lenox may lay out, construct ^^fem o^/sew-'' 
and maintain, a system of sewage disposal for said town age disposal. 
and may take by purchase or otherwise any lands, rights 
of way or easements necessary therefor. 

Section 2. When any lands, rights of w^ay or ease- Description of 
ments are so taken, in any manner other than by purchase, laken', to^be 
said town shall, within thirty days after such taking, tile Jegis'tiy of '*''' 
in the registry of deeds for the district in which said ^^^eds. 



228 1886. — Chapter 272. 

lands, rights of way or easements lie, and cause to be 
recorded a description of the same as certain as is re- 
quired in a common conveyance of land, with a statement 
of the purpose for which the same is taken, and thereupon 
the rights of way, easements and the fee of the lands so 
Town to pay taken or purchased shall vest in said town. Said town 

damages. in ni • -i ^ 

shall pay all damages sustamed by any person or corpo- 
ration in property by reason of such taking, and any per- 
son or corporation sustaining damage as aforesaid under 
this act who fails to agree with said town as to the amoimt 
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 3'ears from the taking 
of such land or other property under the authority of 
this act. 
May raise money SECTION 3 . Said towu is hereby authorized to raise 

to carry out pro- .. •ini 

visions of this and appropriate in such manner as it shall determine 
such sums of money as shall be required to carry out the 
provisions of this act. 

Repeal. SECTION 4. So much of chapter two hundred and nine- 

teen of the acts of the year eighteen hundred and seventy- 
eight as is inconsistent herewith is hereby repealed. 

FsTnot^to^bf^' Section 5. Nothing herein contained shall authorize 

discharged into gaid toAvu of Lcuox to dischargc its sewage unpurified 

Housatonic • i tt • • m ^ n 

Rivar. mto the Housatonic river or any tributary thereot. 

Section 6. This act shall take effect upon its passage. 

Approved June 9, 1886. 

ChdnJ^^l ^^ -^CT TO AUTHORIZE THE CHARLESTOWN GAS COMPANY TO FUR- 
NISH ELECTRIC LIGHT. 

Be it enacted^ etc.^ as follows : 

h!iwtI"I"'of '"' Section 1. The Charlestown Gas Company in addi- 
ciiarkstown tlou to thc I'iijhts aud powers conferred upon it bv its 

and Somerville • • i j. x- • .• j .i 4. i 1 

with electric Original act of incorporation, and the acts amendatory 

'^ *■ thereof, is hereby authorized to furnish the inhabitants 

of that part of the city of Boston which was formerly 

Charlestown, and the inhabitants of the city of Som- 

erville, or either of them with electric light. 

MvJi^'ltc^with Section 2. The said corporation, first having obtained 

consent of the the couseut of the board of aldermen of the respective 

aldermen. .. . i-n i it • n 

Cities, is hereby authorized, under the direction and con- 
trol of the said board of aldermen, to dig up and open 
the grounds in any of the streets and highways thereof, 



18SG. — CiiAPTKii 273. 229 

so far as is necessary for the purpose of laying lines of 
wire to carry into effect the authority hereby given, and 
for the purpose of keeping the said lines in repair ; and to 
ei'ect and maintain lines of wire upon or above the surface 
of said streets and highways ; but such consent shall not 
aflect the right or remedy to recover damages for an in- 
jury caused to persons or property by the doings of said 
corporation under the authority herein given. The said Jo°od"repa!^r''*^ '" 
corporation shall put all streets and highways which are 
opened into as good repair as they were in when opened, 
and upon failure so to do within a reasonable time shall 
be deemed guilty of a nuisance. 

Section 3. When a party injured in his person or Liability of cuy 

,1 T c A. • iii'i 11 '"1*1 corporation 

property by a detect in a street or highway, caused by for damages. 
the operations of said corporation in laying down, erect- 
ing, maintaining or repairing its lines of wire, or other- 
wise obstructing such street or highways, recovers dam- 
ages therefor of the city wherein such injury is received, 
such city shall, in addition to the damages so recovered 
against it, be entitled to recover all the taxable costs of 
the plaintiff and defendant in the same action, in a suit 
brought against said corporation, if said corporation be 
liable for said damages, and if reasonable notice is given by 
such city to it, so that it may defend the original action. 

Section 4. The board of aldermen of said cities re- subject to regu. 
spectively may regulate, restrict and control all acts and board of aider- 
doings of said corporation which may in any manner "^"• 
affect the health, safety, convenience or property of the 
inhabitants of their respective cities. 

Section 5. Except as hereinbefore expressly provided, oetierai powers 
said corporation shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or hereafter 
may be in force relating to electric light companies. 

Section 6. This act shall take effect upon its passage. 

Approved June 9, 1886. 

An Act making an approphiation for the improvement of the Cjhny) 27S 

commonwealth's flats at south boston. 
He it enacted, etc., as follows: 

The sum hereinafter mentioned is appropriated, to be common. 
paid out of the treasury of the Commonwealth, from the Tirprovement 
ordinary revenue, for the purpose of improving the Com- ^""'^' 
mon wealth's flats at South Boston, as authorized by chap- 



230 



1886. — Chapter 274. 



Chap.274: 



State board of 
health to have 
care of inland 
waters. 



Proviso. 



To mate annual 
report to the 
legi^ature. 



Mny cause ex- 
amination of 
waters, as to 
purity, etc. 



To recommend 
measures for 
prevention of 
pollution. 



May employ 
expert assist- 
ance. 



ter forty-six of the resolves of the present year, to wit : — 
For the Commonwealth's tlats improvement fund, a sum 
not exceeding seventy-five thousand dollars. 

Approved June 9, 1886. 

An Act to protect the purity of inland waters. 
Be it enacted, etc., as follows: 

Section 1. The state board of health shall have the 
general oversijjht and care of all inland waters and shall 
be furnished with maps, plans and documents suitable for 
this purpose, and records of all its doings in relation 
thereto shall be kept. It may employ such engineers and 
clerks and other assistants as it may deem necessary : 
provided, that no contracts or other acts which involve 
the payment of money from the treasury of the Common- 
wealth shall be made or done without an appropriation 
expressly made therefor by the general court. It shall 
annualjy on or before the tenth day of January report to 
the general court its doings in the preceding year, and 
at the same time submit estimates of the sums required 
to meet the expenses of said board in relation to the 
care and oversight of inland waters for the ensuing year ; 
and it shall also recommend legislation and suitable plans 
for such S3'steins of main sewers as it may deem neces- 
sary for the preservation of the public health and for the 
purification and prevention of pollution of the pouds, 
streams and inland waters of the CommouAvealth. 

Section 2. Said board shall from time to time as it 
may deem expedient, cause examinations of the said 
waters to be made for the purpose of ascertaining whether 
the same are adapted for use as sources of domestic water 
supplies or are in a condition likely to impair the interests 
of the public or persons lawfully using the same, or 
imperil the public health. It shall recommend measures 
for prevention of the pollution of such waters and for 
removal of substances and causes of every kind which 
may be liable to cause pollution thereof, in order to pro- 
tect and develop the rights and property of the Common- 
wealth therein and to protect the public health. It shall 
have authority to conduct experiments to determine the 
best practicable methods of purification of drainage or 
disposal of refuse arising from manufacturing and other 
industrial establishments. For the purposes aforesaid it 
may employ such expert assistance as may be necessary. 



188G. — Chapter 275. 231 

Sfxtiox 3. It shall from time to time consult with LVtowrsfe'tc.! 
find advise the authorities of cities and towns, or with ^oJ,?j.I:s of sup- 
corporations, tirms or individuals cither already having or piy, etc. 
intendini;: to introduce systems of water supply or sewer- 
age, as to the most appropriate source of supply, the 
best practicable method of assuring the purity thereof or 
of disposing of their sewage, having regard to the pres- 
ent and prospective needs and interests of other cities, 
towns, corporations, firms or individuals which may be 
affected thereby. It shall also from time to tiuie consult 
with and advise persons or corporations engaged or 
intending to engage in any manufacturing or other busi- 
ness, drainage or refuse from which may tend to cause 
the pollution of any inland water, as to the best practi- 
cable method of preventing such pollution by the inter- 
ception, disposal or purification of such drainage or 
refuse : provided, that no person shall be compelled to Proviso. 
bear the expense of such consultation or advice, or of 
experiments made for the purposes of this act. All such 
authorities, corporations, tirms and individuals are hereby 
required to give notice to said board of their intentions 
in the premises, and to submit for its advice outlines of 
their proposed plans or schemes in relation to water 
supply and disposal of drainage and refuse. Said board 
shall bring to the notice of the attorney-general all in- 
stances which may come to its knowledge of omission to 
comply with existing laws respecting the pollution of 
water suin:>lies and inland waters and shall annually report To report to 

, , . , . , 111 legislature cases 

to the legislature any specific cases not covered by the not covered ly 
provisions of existing laws, which in its opinion call for 
further legislation. Approved June 9, 1886. 



existing laws. 



An Act to establish the salary of the secretary of the 
board of commissioners of prisons. 



Cha2).275 



Bs it enacted, etc. , as follows : 

Section 1. The salaiy of the secretary of the board ^gjf///^^'*^" 
of commissioners of prisons shall be two thousand five 
hundred dollars per annum. 

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

Approved June 9, 1886. 



232 



1886. — Chapter 276. 



Pinnated eroiise 
not to be killed. 
Close seasons 
for woodcock, 
paitiidKe, quail 
aud ducks. 



Close seasons 
for shore birds 
and pigeons. 



0/^C^».276 -^^ ^^'^ ^^^ ^^^ better preservation of birds and game. 
Be it enacted, etc., as follows : 

Section 1. Whoever takes or kills a pinnated grouse 
at any time, or a woodcock between the first day of Jan- 
uary and the first day of August, or a rufied grouse, 
commonl}^ called partridge, between the first day of Janu- 
ary and the first day of October, or a quail between the 
first day of January and the fifteenth day of October, or 
a wood or summer duck, black duck or teal, or any of 
the so called duck species, between the fifteenth day of 
April and the first day of September, shall Ije punished 
by a fine of twenty dollars for every l)ird so taken or 
killed. 

Section 2. Whoever takes or kills a plover, snipe, 
sandpiper, rail, or any of the so called shore, marsh or 
beach birds, between the first day of May and the fifteenth 
day of July, or a wild or passenger pigeon, or a gull, or 
a tern, between the first day of May and the first day of 
October, shall be punished by a fine of ten dollars for 
every bird so taken or killed. 

Section 3. Whoever buys, sells or has in posses- 
sion any of the birds or animals named in this act and 
protected thereby, during the time within which the tak- 
ing or killing thereof is prohibited, whenever or wherever 
the aforesaid birds may have been taken or killed, shall 
be punished by a fine of twenty dollars for the birds pro- 
tected by section one, and ten dollars for the birds pro- 
tected by sections two and four : provided, however, that 
any person, firm or corporation dealing in game may buy, 
sell or have in possession quail from the fifteenth day of 
October to the first day of May, and pinnated grouse, 
wild pigeons and any of the so called shore, marsh or 
beach birds, or of the so called duck species, at any sea- 
son, if not taken or killed in this Commonwealth con- 
trary to the provisions of this act. 

Section 4. Whoever takes or kills any wild or un- 
domesticated bird not named in sec'tions one and two, 
except English sparrows, crow blackbirds, crows, jays, 
birds of prey, wild geese, and such fresh water and sea 
fowl as are not named in sections one and two, or wilfully 
destroys, disturbs or takes a nest or eggs of any wild or 
undomesticated birds, except of the birds herein exempt 
from protection, shall be punished by a fine of ten dollars : 



Penalty for buy 
ing or selling 
during close 
seasons. 



Proviso. 



Penalty for 
killing certain 
other birds. 



188G. — Chapter 276. 233 

provided, that any person above the ago of twenty-one Provisos. 
years having a certificate from the game commissioners 
or from tlic president of the Boston Society of Natural 
History to the cftect that such person is engaged in the 
scieutitic study of ornithology or collecting in the interest 
of a scientific institution, may take the nests and eggs of, 
or at any season take or kill, any undomesticated bird, 
except woodcock, ruffed grouse and quail ; but nothing 
herein contained shall be construed to authorize any per- 
son to enter upon private grounds without the consent of 
the owner thereof for the purpose of taking nests or eggs 
or killing birds ; and provided, further, that the game 
commissioners and the president of the Boston Society 
of Natural History may at any time revoke any certificate 
they have respectively issued. 

Sectiox 5. Whoever takes or kills a gray squirrel, i^^j'g'riy^^qiur-' 
hare or rabbit, between the first day of ]\Iarch and the r^is, rabbits, etc. 
first day of September, or within said time, buys, sells 
or offers for sale any of said animals, shall be punished 
by a fine of ten dollars. 

Sectiox 6. Whoever takes or kills a game bird or Pen'iity for 
water fowl, hare or rabbit by means of a trap, net or etc., by snares, 
snare, or by the use of a ferret; and whoever, for the kuiing" birds by 
purpose of taking or killing a game bird, water fowl, hare ^'^»e of swivei, 
or rabbit, constructs or sets any trap, snare or net, or SC<Ucw^^m 
uses a ferret; and whoever shoots at or kills any wild <:^^ '}> ^ P '^"^ 
fowl or any of the so called shore, marsh or beach birds 
with or by the use of a swivel, or pivot gun or by the use 
of a torch, jack or artificial light, or pursues any wild fowl 
with or by aid of a sailboat or steam launch, shall be pun- 
ished by a tine of twenty dollars. 

Section 7. The commissioners of inland fisheries shall ofTsherfistrbe 
be game commissioners also ; and their authority, person- game commis- 
ally and by deputes shall extend to the protection and 
preservation of birds and animals in like manner as to 
fish. 

Section 8. It shall be the duty of every officer quali- ?e^t'^^thout"" 
fied to serve criminal processes, to arrest without warrant. 
warrant any person whom they shall find taking or 
killing, or who has in possession birds or animals contrary 
to the provisions of this act : provided, however, that Proviso, 
persons engaged in the business of regularly dealing in 
the bu\'ing and selling of game as an article of commerce, 
shall not be arrested without warrant for havins; in 



234 1886. — Chapters 277, 278. 

possession or selling game at their usual places of busi- 
ness. Any officer who neglects or refuses to enforce the 
provisions herein contained shall be punished by fine not 
exceeding twenty dollars. 

Disposition of Section 9. All fines accruino- under this act, shall be 
paid one half to the complainant and one half to the city 
or town in which the oflence is committed. 

Penalty for SECTION 10. Whoevcr takcs, carries, sends or trans- 

birde, etc., out ports auy of the birds or animals protected herein, out of 
this Commonwealth, the said birds or animals having 
been illegally taken or killed within this state, shall be 
punished by fine of twenty dollars. 

^^P^'*'- Section 11. Chapter ninety-two of the Public Stat- 

utes, chapter thirty-six of the acts of the year eighteen 
hundred and eighty-three and all acts and parts of acts 
inconsistent herewith are hereby repealed. 

Approved June 10, 1886. 

CJlCipJ^ill ^^ -^^T '^^ AUTIIOKIZE THE CITY OF BOSTON TO PAY CERTAIN CLAIMS. 

Be it enacted, etc., as follows : 

Wiiey!"GMrge Section 1. The city of Boston is hereby authorized 
o. Wiley Jo- to pav William S. and Georo-e O. Wiley and Joseph 

B6UI1 JJlCliSOll *^ 

Dickson for services rendered to, and expenses incurred 
for, the city of Charlestown previous to its annexation to 
the city of Boston. 

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

Approved June 10, 1886. 

Ch(ip.27S ^^ -^^'^ '^^ AUTHORIZE THE BOSTON AND LOWELL RAILROAD CORPORA- 
TION TO UNITE AND CONSOLIDATE AVITH CERTAIN RAILROADS NOW 
LEASED OR OPERATED BY IT ; TO PURCHASE THE PROPERTY, RIGHTS 
AND FRANCHISES OF SAID RAILROADS, AND INCREASE ITS CAPITAL 
STOCK THEREFOR. 

Be it enacted, etc., as foUoivs : 

Lowell Rauroad Section 1. The Bostou aud Lowcll Rallroad Corpora- 
may'unulTnd ^^'^^ ^^ hcrcby authorizcd to unite and consolidate with either 
consolidate with or all of thc followiuo; named railroad corporations now 

certain other i • c t • • i • mi 

railroad corpor- jcascd or oi^cratcd HI tact by it or its lessor, viz. : The 
Boston, Concord and Montreal Railroad, the Pemigewas- 
set Valley Railroad, the Whitefield and Jefferson Railroad, 
and the St. Johnsbury and Lake Champhiin Railroad Com- 
pany, and Avhen thus united said corporations shall con- 
stitute one corporation under the name of the Boston and 



1886. — Chapter 278. 235 

Lowell Railroad Corporation, and said united corporation 
shall have all the rights, powers, privileges and immuni- 
ties and he subject to all the duties and liabilities of said 
corporations and to all general laws relating to railroad 
corporations and to the [)rovisions of section three of 
chapter one hundred and five of the Public Statutes ; but 
such union shall be only upon such terms and conditions 
as sliall be approved by a majority in interest of the 
stockliolders of said corporations at meetings duly called 
for that purpose. 

Section 2. The Boston and Lowell Railroad Cor- Maj increase 

.,1,1. 1 , capital stock. 

poration may mcrease its capital stock to such an amount 
as may be necessary to carry into efiect the provisions of 
this act subject to the general laws of the Commonwealth 
applicable to such increase and may purchase, hold, use 
and enjoy the stock, bonds, property, rights and fran- 
chises of either or all of said corporations leased or oper- 
ated as aforesaid, and ma}^ sell or exchange its stock, bonds 
or notes for the stock, bonds, property, rights and fran- 
chises and in payment of the liabilities of said corpora- 
tions leased or operated as aforesaid, upon such terms and 
conditions as may be agreed upon with the holders there- 
of; but said purchase or exchange shall be in such man- 
ner as the majority in interest of the stockholders of said 
Boston and Lowell Railroad Corporation present and 
voting at any legal meeting called therefor may authorize 
or approve, and the increase of stock hereinbefore author- 
ized shall not exceed in amount the aggregate of the 
amount of the stock and indebtedness of the corporations 
leased or operated as aforesaid. 

Section 3. Said Boston and Lowell Railroad Corpora- May guarantee 
tion is hereby authorized to guarantee the payment of the terestupon 

• , , iii''i !• 1 i. r 1 bonds of leased 

interest upon any bonds which may be issued to retund corporations. 
the existing indebtedness of either of said leased corpora- 
tions to an amount not exceeding the rent reserved in the 
lease thereof, and which is to be paid by said Boston and 
Lowell Railroad Corporation ; provided that said bonds 
shall be secured by a valid mortgage duly made by the 
authority of the state M^hercin such leased railroad is 
located and that said guarantee shall cease when the 
lease of the road whose bonds are guaranteed shall be 
terminated. Said Boston and Lowell Railroad Corpora- 
tion may pay such interest to the holders of said bonds, 
and such payment shall be taken by the lessor as a pay- 



236 



1886. — Chapter 279. 



Chap 



Board of com- 
missioners to be 
elected withia 
six monlhe. 



May raise 
money for pur- 
poses of this 
act. 



Not to spend 
money unless 
appropriated. 



Suras voted to 
be raised, to be 
certilied to town 
assessors, and to 
be collected. 



ment of an equal amount of the rent reserved in said lease, 
and the contract of lease shall be modified by the parties 
accordingly before such interest is guaranteed. 

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

Approved June 10., 1886. 

.279 An Act kelating to sidewalks, crosswalks, common seaveks and 
main drains in the fire district of the town of great bar- 

RINGTON. 

Be it enacted, etc., as follows: 

Section. 1. The legal voters of Great Barrington fire 
district shall within six months from the passage of this 
act, at a meeting called for the purpose, elect by ballot a 
board of three commissioners, who shall be a board of 
commissioners of sidewalks, common sewers and main 
drains, all of whom shall be legal inhabitants and voters 
in said district ; and one of said commissioners shall be 
elected for three years, one for two years, and one for 
one year from the time of the annual meeting of said fire 
district for the current year ; and said district shall here- 
after at each annual meeting elect by ballot one such com- 
missioner, whose term of ofiice shall be for three years ; 
and said district shall have authority to fill any vacancy 
in said board, at any meeting of said fire district, regularly 
called for that purpose. Said commissioner shall be sworn 
and shall receive such compensation as shall be fixed by a 
vote of said fire district at a meeting called for that purpose. 

Section 2. Said district may, at meetings called for 
that purpose, raise money for the purpose of carryiijg 
out the provisions of this act, and said board shall ex- 
pend the same for the purposes prescribed by vote of 
the district ; and every member of said board of com- 
missioners shall be accountable to the said district for 
any money received by him, and said district may main- 
tain a suit therefor in the name of the inhabitants. 
Said board shall not expend any money which has not 
been duly appropriated by the district, and shall have no 
authority to bind the district to the payment of money in 
excess of its appropriations, or for any purpose not speci- 
fied by the vote of the district appropriating the same. 

Section 3. The clerk of the district shall certify to 
the assessors of the town of Great Barrington all sums 
voted to be raised by the district under the provisions of 
this act ; which sums shall be assessed and collected by 



1886. — Chapter 279. 237 

the ofliccrs of the town in the same manner as the town 
taxes are assessed and collected, and shall be paid over 
to the treasurer of said district, who shall hold the same, 
siihjoct to Ihe order of said board. The clerk of said dis- 
trict sh'.dl act as clerk of said board, and shall enter all its 
proceedings in the records of said district. 

Section. 4. It shall be the duty of said board, under Commiseioners 
the suj^ervision and direction of said district, to construct, ©"f airmain"^^'' 
reconstruct, repair, maintain, and have charge of all main •'''""'' '-■^<'- 
drains, common sewers, sidcAvalks and crosswalks in said 
tire district, and of all matters pertaining thereto as here- 
in provided, and to keep maps and plans of all such main 
drains and common sewers constructed hy said district. 

Section 5. Said board shall have authority to deter- to determine 
mine the grade, width and material, including cnrl^stone, walks and to 
of all sidewalks on the public streets and highways of ^e.'""'"'® 
said district ; and to construct, reconstruct and repair such 
sidewalks in accordance with such determination. Upon 
the completion of any sidewalk by said board, or the com- 
pletion of the reconstruction or repair of any sidewalk, 
said board shall ascertain, determine and certify the whole 
expense of such making, reconstruction or repair, and 
shall cause a record thereof to be made, and shall assess 
one-half of the amount of the same upon all the lands 
especially benefited by such making, reconstruction or re- 
pair, whether such lands abut on such sidewalk or not. 

Section 0. Said board shall have power to determine to determine 
when, in what manner, and to what extent, snow, ice, siiaii beVl '' 
grass, herbage, trees and other obstructions, shall be re- ^dewliks.™ 
moved from the sidewalks and crosswalks in said district, 
or from any of the same or any portion thereof, and to fix 
by-laws and penalties regulating the same, subject to the 
approval of said fire district, and also by-laws and penal- 
ties prohil)iting the deposit of ashes, garbage, filth or other 
refuse matter, on the streets and sidewalks within the limits 
of said district. 

Section 7. No sidewalk, graded, constructed, recon- sidewalks not 
structed or repaired in said district, in conformity to the Bnucted"wiiiiout 
provisions of this act, shall be dug up or obstructed in any boaid?*^"^ ^^^ 
part thereof, Avithout the consent of said board ; and who- 
ever rides or drives a horse or team, or uses any vehicle 
moved by hand, other than those used for the carriage of 
children, invalids or persons disabled, upon or along such 
sidewalk, except to cross the same, or shall dig up or 



238 



188G. — Chapter 279. 



Penalty for ob 
etructing side- 
walk. 



Fire district 
may direct the 
board to con- 
struct side- 
walks. 



Board to lay 
sidewalks as 
directed by dis 
tricl. 



Two-thirds of 
expense to be 
iiBsessed upon 
lands beiiettted 



Main tirains to 
be propel ty of 
disirict. 



Private drain 
not to enter 
main drain 
without com- 
pensation. 



otherwise obstruct the snme without such consent, shall 
forfeit a sum not less than one nor more than five dollars 
for each violation of the provisions of this section. 

Section 8. Said fire district, at meetings called for 
that purpose, may order said board to construct cross- 
walks in any of the streets in said district on which they 
have authority to construct sidewalks. Said board shall 
construct all such crosswalks at the expense of said dis- 
trict, and shall repair and reconstruct the same w^hea 
ordered by said district, and at its expense. 

Section 9. Said board shall lay, make, reconstruct 
and maintain, in said fire district, all such main drains 
and common sewers as said fire district, at a legal meeting 
called for that purpose, shall, by vote, adjudge to be 
necessary for the public convenience or the public health, 
and may repair the same from time to time Avhenever 
necessary ; and for these pui'poses may take, in the man- 
ner hereinafter provided, any land which, in their opinion, 
may be necessary therefor. Upon the completion of any 
main drain or common sewer by said board, or the com- 
pletion of the reconstruction or repair of such sewer or 
drain, said board shall ascertain, determine and certify 
the whole expense of such making, reconstruction or 
repair, and shall cause a record thereof to be made and 
kept ; and said board shall then assess two-thirds of the 
said whole expense upon all lands in any way benefited 
by such making, reconstruction or repair, and including 
all lands connected therewith by any particular drain. 

Section 10. All the main drains and common sewers 
in said district constructed or reconstructed or purchased 
by said board shall be the property of said district, and 
shall be under the charge and control of said board, who 
shall have power and authority to regulate the use of the 
same, and to prescribe the mode in which the same shall 
be entered by private drains from lands which have been 
assessed for the expense of their construction, and, upon 
proper compensation therefor, to allow the same to be 
used to drain lands not so assessed, and to prescribe the 
manner of such use, and also, upon proper compensation 
therefor, to allow the use of the same in such manner as 
they shall direct, for the purpose of draining the public 
"and private streets and ways and highways in said district. 
And no person shall be allowed to enter or discharge into 
a main drain or common sewer any private drain connect- 
ing any land which has not been assessed for the expense 



18SG. — Chapter 279. 239 

of huildinf^ or repjiiriiig such miiin drain or common 
sewer under this act, except by letive of said board, and 
on payment of such compensation as said board shall pre- 
scribe ; and all such private drains entering any main 
drain or common sewer shall be under the exclusive 
charge and control of said board, who shall have authority 
to make and execute orders concerning the same as though 
the same were constructed by said board under this act. 
The provisions of this section shall apply to and govern 
the use of all sewers and drains in said district, and to 
the compensation to be made for such use, whether the 
same have been heretofore or shall be hereafter con- 
structed. 

Section 11. Said district may authorize said board to DiBtrict may 

, ^ • t T 1 ■ , • !_ i> 1 authorize board 

purchase tor said district any private sewer tor sucti to purchase any 
reasonable consideration as may be agreed upon by the p^vue sewer. 
owners of such sewer and said board. 

Section 12. All assessments so made by said board ^'„*ftu[f,eTiie"n 
shall constitute a lien on the real estate assessed, for two on estate as- 
years from the time of assessment, and for one year after 
the tinal determination of any suit or proceeding in which 
the amount or validity of such assessment shall be drawn 
in question. Every assessment made by said board shall ^^^f^l^'^^board 
be recorded in books to be kept for that purpose, and a to be recorded. 
list thereof shall be committed by said board for collection 
to the person then authorized by law to collect taxes in 
said district. Said collector shall forthwith publish the 
same for three successive weeks in some newspaper pub- 
lished in said district ; and shall, on or before the day of 
the last publication thereof, demand payment of the same 
of the owner or occupant of the land assessed, if known 
to him and within his precinct. If any such assessment Land to be sold 

.,.,., IP iii IT upon iion-pay- 

shall not be paid withm three months irom the last publi- mintofassess- 
calion of said list, he shall levy the same, with incidental ""''°^*' 
costs and expenses, by sale of the land, such sales to be 
conducted in like manner as sales of land for non-payment 
of taxes ; and in making such sales, and any sales for 
taxes assessed for said district, such collector, and said 
district and its ofBcers, shall have all the powers and priv- 
ileges conferred by the general laws of the Commonwealth 
upon collectors of taxes, and upon cities and towns and 
their officers, relating to sales of land for the non-pay- 
ment of taxes. The collector shall pay over all moneys Proceeds to be 
received by him under this act to the treasurer of said u?er of drsufct. 



240 



1886. — Chapter 279. 



Assessments 
unpaid, etc., 
iDny be re- 

asoessed. 



Parties ag- 
grieved may 
liave trial by 
jury. 



Proviso. 



Description of 
land taken to be 
recorded in 
registry of 
deeds. 



district in the same manner as moneys received by him 
from taxes assessed for said district by the assessors of 
Great Barrington. 

Section 13. Every assessment made by said board 
which is invalid by reason of an}' error or irregularity in 
the assessment, and which has not been paid, or which 
has been recovered back, or which has been enforced by 
an invalid sale, may be re-assessed by the l)oard of com- 
missioners of sidewalks, common sewers and main drains, 
for the time being, to the just amount which and upon the 
estate upon which such assessment ought at first to have 
been assessed; and the assessments thus re-assessed shall 
be payable and shall be collected and enforced in the same 
manner as other assessments. 

Section 14. Any person aggrieved by an assessment 
made by said board, may, at any time within three 
months from the last publication of the list of such 
assessment as provided in the preceding section, apply by 
petition to the superior court for the county of Berkshire ; 
and, after due notice to the said fire district, a trial shall 
be had at the bar of said court in the same manner in 
which other civil causes are there tried by the jury, and, 
if either party requests it, the jury shall view the place 
in question ; and such petition may be filed in term time 
or vacation ; and if filed in vacation the clerk may issue 
an order of notice thereon, returnable to the term of the 
court next to be held after thirty days therefrom : jjro- 
videcl, that before filing said petition the petitioner shall 
give one month's notice in writing to said board of his 
intention so to apply, and shall therein particularly spec- 
ify his objections to the assessment, and to which speci- 
fication he shall be confined in the hearing by the jury. 
If the jury shall not reduce the amount of the assessment 
complained of, the respondent shall recover costs against 
the petitioner, which costs shall l)e a lien upon the estate 
assessed, and be collected in the same manner as the 
assessment ; but if the jury shall reduce the amount of 
the assessment the petitioner shall recover costs. 

Section 15. Whenever land is taken by virtue of the 
provisions of section nine, the said board shall, within 
sixty days after any such taking, file in the registry of 
deeds of the southern district of the county of Berkshire, 
a description of any lands so taken, sufficiently accurate 
for identification, and statement of the purpose for which 



1886. — Chapter 279. 241 

it is taken ; and the right to use all lands so taken for the 
purposes mentioned in said statement shall vest in said 
tire district and its successors. Damages for land so Damages to be 
taken shall be paid by said tire district ; and any person ^""^ ^^ d'stnct. 
aggrieved by the taking of his land under this act, and 
failing to asfree with said board as to the amount of dam- 
ages, may, upon a petition tiled with the county commis- 
sioners of the county of Berkshire within one year from 
the tiling of the description thereof in the registry of 
deeds, have his damages assessed and determined in the 
manner provided when land is taken for highways ; and 
if either party is not satistied with the award of damages 
by the county commissioners, and shall apply for a jury 
to revise the same, the tire district shall pay the damages 
awarded by the jury, and shall pay costs if the damages 
are increased by the jury, and shall recover costs if the 
damages are decreased ; but if the jury shall award the 
same damages as were awarded by the county commis- 
sioners, the party who applied for the jury shall pay 
costs to the other party. 

Section 16. Penalties under the provisions of this Recovery of 
act, and under any by-laws established in pursuance "^"^"'^ 
thereof, may be recovered by action of tort, brought by 
direction of said board, in the name of and for the use of 
said district, or on complaint or indictment, to the use of 
the Commonwealth : provided, that no such action, com- Proviso. 
plaint or indictment, shall be maintained, unless brought 
within thirty days after the right of action accrues, or 
the olFence is committed. No inhabitant of the district 
shall be disqualified, by reason of his being such inhabi- 
tant, to act as judge, magistrate, juror or otBcer, in a 
suit brought for such penalty. 

Section 17. The provisions of all general laws of the Generaiiaws 
Commonwealth applicable to tire districts, and not incon- ^pp^''^ 
sistent with this act, shall continue to apply to the tire 
district of the town of Great Barrington. Nothing herein 
contained shall be construed to interfere with the author- 
ity of surveyors of highways, or any authorit}^ which can 
be legally exercised over highways or roads in the proper 
discharo;e of their duties : but the town of Great Barrino;- obligations of 
ton shall repair any injury done to sidewalks in said dis- Great^"arriDg- 
trict by the officers of said town by reason of any raising, *°°- 
lowering, or other act done for the purpose of repairing a 
hiofhway or townway ; and whenever any crosswalk con- 



242 1886. — Chapteks 280, 281 . 

structed by said board shall be torn up or injured by the 
officers of the town of Great Barrington in making, re- 
pairing, altering, raising or lowering any highway or 
townway, said town shall re-lay and repair such crosswalk 
in like order and condition as the same was in before it 
was so torn up or injured. The authority of the town of 
Great Barrington to construct sidewalks and main drains 
and common sewers within the limits of said district shall 
be suspended while this act is in force 
Subject to ac- Section 18. This act shall take effect whenever the 

ceptance by a 

majority vote, samc shall have been approved and adopted by a major- 
ity of the legal voters of said lire district present and 
voting at a meeting duly called for that purpose. 

Approved June 14, 1886. 

Chcip.280 -^^ -A^CT TO ENABLE THE TOWN OF EVERETT TO RAISE MONEY BY 
TAXATION TO EXTEND ITS WATER WORKS. 

Be it miacted, etc., as follows : 

f^nulny%sfioo SECTION 1. The town of Everett is hereby authorized 
for extension of to ralsc by taxatiou, annually, a sum of money not ex- 

Welter works. *^ ■* t/ ^ *< 

ceeding three thousand dollars in addition to the amount 
now authorized by chapter forty-six of the acts of the 
year eighteen hundred and eighty-four and to appropriate 
the same to extendino^ the water works of said town and 
to laying, constructing, maintaining and repairing the 
water pipes and other structures required by said town 
for supplying the inhabitants thereof with water. 

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

Approved June 14, 1886. 

Chcip.2iSlL An Act to permit a defendant in an action at law to re- 
quire ADVERSE PARTIES CLAIMLNG FUNDS IN HIS HANDS TO IN- 
TERPLEAD. 

Be it enacted, etc., as follows: 

uel^chum'ing ^^ ^^^ actlous 1X1 which a liability is admitted by the de- 

fundsinthe feuclant and the amount of such liability is not in dispute, 

hands of a de- .. • i • t i i 

fendant may be it it appears that such amount is claimed by another party 
terpiead. °'" thau the plaintiff whcthcr by the husband or wife of said 
plaintiff or otherwise and that the defendant has no inter- 
est in the subject matter of the controversy, the court in 
which such action is pending, on the petition of the de- 
fendant, Avhich petition shall give the name and residence 
of all known claimants and the amount actually due from the 



1886. — Chapter 282. 243 

defendant, and on such notice as the court may order to the 
plaintitr and to such claimants, may order the proceedings 
to be amended by making such claimants parties defendant 
thereto, and thereupon the rights and interests of the sev- 
eral parties in and to said amount shall be heard and de- 
termined. Such amount may remain in the hands of the To remain in 

, .111.1 iiiij_i 1 •!• hands of defend - 

defendant untu hnal judgment, and shall then be paid m am until snai 
accordance with the order of the court, or may be paid maf bepaw 
into court to await final judgment, and when so paid into '"to court. 
court, the defendant shall be stricken out as a party to 
the action and his liability for said amount shall cease. 
The taxable costs of the defendant in such actions shall 
be in the discretion of the court and may be charged 
upon the fund. Approved June 14, 1886. 

An Act to provide for the establishment of a school for (J/icn).2S2i 

TRUANTS AND ABSENTEES FROM SCHOOL IN THE COUNTY OF SUF- 
FOLK. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston shall forthwith, upon Establishment 
being requested thereto by the school committee of said "ruautrin the 
city, establish on the mainland, at some place removed foik?by°the"city 
from institutions occupied by criminal or vicious persons, ofi^oston. 
a parental school for the confinement, discipline and in- 
struction of minor children, convicted in the county of 
Suffolk under sections ten and twelve of chapter forty- 
eight of the Public Statutes. 

Section 2. As soon as said school is prepared for children under 

., .. /> •in 1 1 -ij J.1 1 commitment to 

the reception oi pupils, all such children then under com- be transferred. 
mitment in said city, at Deer island or elsewhere, shall 
be transferred thereto ; and thereafter all such children 
convicted under said sections shall be committed to said 
school. 

Section 3. Said school shall be under the general unde?Ve°nerai 
charge of the directors for public institutions of said city, charge of 

/••11111I1 !• directors of 

The school department of said school shall be subject to pubuc institu- 
the visitation and inspection of the school committee of 
Boston, and the studies and examinations therein shall be 
under the supervision and regulation of said school com- 
mittee and directors for public institutions jointly. Every 
teacher employed in said school shall hold a certificate of 
his qualifications from said school committee. 

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

Approved June 14, 1886. 



244 1886. — Chapters 283, 284. 



Chap.2S3 ^^ Act to establish wards, precincts and assessment districts 

IN THE CITIES OF THE COMMONWEALTH. 

Be it enacted., etc., as follows: 
Wards, prf. Section 1. The several wards, precincts and assess- 

cincts aud ^ ^ ^ • • n ■< /-^ 

assessment mcnt distHcts of the several cities of the Commonwealth, 
lifihed in cities, cxisting OH the first day of May in the year eighteen 
hundred and eighty-five, are hereby established as the 
wards, precincts and assessment districts of said cities, 
any acts or ordinances of the city councils of said cities 
since said date, to the contrary notwithstanding. And 
the boundaries and the numbering of said wards, pre- 
cincts and assessment districts then existing are hereby 
declared to be the boundaries and the numbering of the 
wards, precincts and assessment districts hereby estab- 
lished. 
uxeTalsessed SECTION 2. This act sliall take cfFect upon its passRge, 
for the present and shall apply to taxes assessed and collected for the 
present year in the same manner and to the same eflect as 
if it had been in force on the first day of May of the cur- 
rent year. Approved June 16, 1S86. 

C/7iap.^84: An Act to annex a part of the town of Salisbury to the 

TOWN OF AMESBURY. 

Be it enacted, etc., asfolloios: 

Salisbury M-°^ Section 1. So much of the town of Salisbury, in the 
iiexedtotown couutv of Esscx, as lics within the following named 

of Amesbury. -J ' i t i i i 

lines, to wit : Beginning at a stone bound on the northerly 
b:ink of the Merrimac river, bearing north twenty-six 
and one-half degrees east from the easterly end of Deer 
island, and thence running north twenty-six and one-half 
degrees east two hundred and twenty-one rods ; thence 
running north three degrees west eight hundred and 
twenty-three rods to a stone bound on the boundary line 
between New Hampshire and Massachusetts ; thence 
westerly by the New Hampshire line to the middle of the 
Powow river and to the town of Amesbury ; thence run- 
ning southerly by the eastern boundary of said Ames- 
l)ury to the southern boundary of said Amesbury by the 
Merrimac river ; thence running eastei'ly by the ]Merrimac 
river and the southern boundary of the town of Salisbury 
to the easterly side or end of Deer island ; thence in a 
straight line to the point of beginning ; with all the in- 



1886.— CHArTER 284. 245 

habitants and estates therein, is hereby set oft' from the 
town of Salisbury and annexed to and made a part of the 
town of Amesbury. And said inhabitants shall hereafter 
be inhabitants of Amesbur}^ and shall enjoy all the rights 
and privileges and be subject to all the duties and liabili- 
ties of the inhabitants of said Amesbury. 

Section 2. The inhabitants and estates within the Payment of 

.,1 T,i /••lii. taxes assessed 

territor}^ above described, and the owners ot said estates, andnotcoi- 

shall be holden to pay all taxes legally assessed upon 

them by the town of Salisbury, and all taxes heretofore 

assessed and not collected shall be collected and paid to 

the town of Salisbury in the same manner as if this act 

had not been passed. And until the next state valuation Division of 

the town of Amesbury shall annually on or before the tlxM^untiTnexf 

month of November pay to the town of Salisbury four- «tate valuation. 

fifths of all the state and county taxes which may be 

assessed upon the town of Salisbury, and the assessors of 

the town of Amesbury shall return the valuation of that 

part of the town of Salisbury hereby annexed to the 

town of Amesbury to the secretary of the Commonwealth 

and to the county commissioners of the county of Essex. 

Section 3. All taxes assessed upon the inhabi- ^e'Jit^yea/to^be 
tants and estates within the territory above described for p^'d to saiis- 

'J bury. 

the current year shall be collected and paid to the town 
of Salisbury in the same manner as if this act had not 
been passed. And the town of Salisbury shall after de- 
ducting the amount expended in said town during the cur- 
rent fiscal year prior to the time when this act takes 
effect and after deducting the expense of assessing and 
collecting the same pay to the town of Amesbury four- 
fifths of the balance of the taxes so collected. 

Section 4. The towns of Amesbury and Salisbury Relief and sup- 
shall be liable respectively for the relief and support of p""°^p*"p^"" 
all persons who now do or shall hereafter stand in need 
of relief as paupers, who may derive or acquire or have 
derived or acquired a settlement within their respective 
limits ; and the town of Amesbury shall annually pay to 
the town of Salisbury such proportion of all costs for the 
relief and support of persons now or hereafter needing 
aid as paupers who may have derived or acquired a set- 
tlement by reason of military services as part of the 
quota of the town of Salisbury 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 Salisbury 



246 



1886. — Chapter 284. 



Payment of 
town indebted- 



Ownership of 
corporate prop- 
erty. 



Election dis- 
tricts. 



Commissioners 
to determine 
diflerence, if 
towns fail to 
agree upon divi- 
sion of prop- 
erty, etc. 



Indebtedness to 
Powow Hill 
Water Com- 
pany. 



Maintenance 
and repair of 
Newburyport. 
bridge. 



as bounded after this act takes effect bears to that of the 
town of Salisbury as it is now bounded according to the 
last state valuation prior to said relief and support. 

Section 5. The town of Amesbuiy shall assume and 
pay all the net indebtedness of the town of Salisbury ex- 
cept the sum of three thousand dollars, which sum shall 
be paid by the town of Salisbury. The town of Salis- 
bury shall retain and own all the records, books, cases 
and safes, and all the corporate property within the limits 
of said town. And the town of Amesbury shall own all 
the corporate property within that part of the town 
of Salisbury hereby annexed to the town of Amesbury. 

Section 6. The towns of Amesbury and Salisbury 
shall, until otherwise provided by law, continue to be a 
part of the seventh congressional district, of the fifth 
councillor district, of the fourth Essex senatorial district, 
and of the eighteenth representative district. 

Section 7. In case said towns shall not agree upon a 
division of property, debts, unpaid taxes, state or county 
taxes, expenses incurred in support of paupers, and all 
other existing town liabilities, the supreme court for the 
county of Essex shall, upon the petition of either town, 
appoint three commissioners to hear the parties and de- 
termine the matters of difference, and their award or the 
award of any two of them, being accepted by said court, 
shall be final. 

Section 8. The town of Amesbury shall assume and 
pay all indebtedness now due and that may hereafter 
become due and all liabilities to the Powow Hill Water 
Company by reason of the contract existing between the 
town of Salisbury and said water company and of any 
supply of water furnished or to be furnished to that part 
of the town of Salisbury hereby annexed to the town of 
Amesbury, and shall repay to the town of Salisbury any 
sums of money that said town of Salisbury shall here- 
after pay to said water company for any supply of water 
furnished under said contract to that part of Salisbury 
hereby annexed to Amesbury. 

Section 9. The town of Salisbury shall continue to 
pay the expense assessed upon said town for the mainten- 
ance and repair of the Newburyport bridge, and the 
town of Amesbury shall annuall}^ pay to the town of 
Salisbury four-fifths of the amount so expended until 
such time as a new apportionment shall be made or a 



1886. — Chapter 285. 247 

different method adopted for the maintenance of said 

bridge. The town of Amesbury shall hereafter pay the Maintenance of 

"■ 1 ^ 1 i i> i 1 1 1^1 T Essex Merrimac 

expense assessed upon the towns ot Amesbury and balls- bridge. 
bury for the maintenance and repair of the Essex Merri- 
mac bridge, and the town of Salisbury shall annually pay 
to the town of Amesbury one-tenth of the amount so ex- 
pended until such time as a new apportionment shall he 
made or a different method adopted for the maintenance 
of said bridge. 

Section 10. The town of Amesbury is hereby author- Property and 
ized to receive the property and to assume the indebted- fll-e^dis'trirts* ° 
ness of the Amesbury Mills fire district and of the Salis- 
burj^ Mills fire district : provided, that both said districts 
shall, at meetings duly called for that purpose, assent to 
the same. 

Sectiox 11. The town of Amesbury shall bear the Amesbury to 
expense of making the necessary surveys and establish- P^^y 'o"" surveys, 
inof the lines and erecting; the monuments between the 
towns of Amesburj^ and Salisbury. 

Section 12. This act shall take effect upon the first T°*^Htff*'* 

July 1, 1886. 

day of July next. Approved June>16, 1886. 

An Act to incorporate the onset street railway company. Chap.285 
Be it enacted, etc., as folloivs : 

Section 1. Alfred Xash, William D. Crockett, E. onset street 

T-411 T-(i'-^7-Ti Railway Com- 

Gerry Brown, Cyrus Peabody, Edwm Y. Johnson, panyincor- 
George Hosmer, Walter W. Currier, their associates and ^'°''''' ' 
successors are hereby made a corporation by the name of 
the Onset Street Railway Company. 

Section 2. Said company shall have a capital stock capital stock. 
of not less than ten thousand dollars nor more than twenty 
thousand dollars. 

Section 3. Said company shall not commence the Not to com- 
business for which it is chartered until at least ten thou- ITmircertai'n^^^ 
sand dollars of its capital stock has been paid in, and a l^nfaifdcenm^- 
certificate of that fact signed and sworn to by the presi- '^''^^ fi'^^. 
dent, treasurer and a majority of the directors of the 
company has been filed in the oflice of the secretary of 
the Commonwealth. 

Section 4. Said company is hereby authorized to May construct, 
construct, maintain and use a railway with convenient fn^wa^e^hamY 
double or single tracks upon and over such streets and 
highways in the town of Wareham as shall be from time 
to time fixed and determined by the selectmen of said 



248 



1886. — Chapter 286. 



Proviso. 



Powers and 
duties. 



Motive power. 



May transport 
freight, under 
rules of railroad 
commissioners. 

Real estate. 



May purchase, 
etc., tracks al- 
ready laid. 



town ; and upon and over the ways and territory of the 
Onset Bay Grove Association, a corporation duly estab- 
lished in said town, by consent of said association : pro- 
vided, all damages incurred by the owners of the fee in 
any of said last mentioned ways and territory by the tak- 
ing of any part of said w^ays or territory for the building 
of said road shall be settled by said company as is pro- 
vided in chapter one hundred and twelve ^of the] Public 
Statutes. -■•'." 

Section 5. Said company as regards];the railway 
hereby authorized to be constructed and maintained shall 
have all the powers and privileges and shall be subject to 
all the duties, liabilities and restrictions set forth in the 
general laws relating to street railway companies except 
as herein provided. 

Section 6. Said railroad may be operated by either 
animal power or by the Baldwin noiseless streetcar motor, 
but no steam motor shall approach within a less distance 
than seventy-five feet of any highway in said Wareham 
without the consent of the selectmen of said town. The 
selectmen of Wareham may permit the use of any other 
motive power. 

Section 7. Said company may transport freight upon 
its tracks under such rules and regulations as the railroad 
commissioners may from time to time prescribe. 

Section 8. Said company shall have power to lease 
and to purchase and to hold such real estate in the town 
of Wareham as may be convenient or necessary for the 
purposes and management of said road. 

Section 9. For the purposes of this act said company 
may purchase or lease the tracks already laid upon the 
lands of the Onset Bay Grove Association upon such 
terms as may be mutually agreed upon. 

Section 10. This act shall take eiFect upon its passage. 

Approved June 16, 1886. 



Ch(iP.2SQ ^^ ^^^ ^^ FURTHER ADDITION TO AN ACT MAKING APPROPRIATIONS 
FOR EXPENSES AUTHORIZED THE PRESENT YEAR, AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

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 purposes 



1886. — Chapter 286. 249 

specified in certain acts and resolves of the present year, 
and to meet certain other expenses authorized by law, 
to wit : -r- 

For certain rejiairs and improvements at the state nor- Normal school 
mal school at Worcester, a sum not exceeding three thou- ^ 
sand dollars, as authorized by chapter forty of the 
resolves of the present year. 

For Anne Deighen Burgess, of Boston, the sum of Anu|^Deighen 
tM'entj'-three hundred and ninety-seven dollars and 
seventy-eight cents, as authorized by chapter forty-one of 
the resolves of the present year. 

For the New England industrial school for deaf mutes, industrial 
the sum of two thousand dollars, as authorized by chapter mut'es. °' 
forty-two of the resolves of the present year. 

For certain repairs and improvements at the reform- Reformatory 

, . ^ . T c prison for 

atory prison tor women, a sum not exceeding tour women. 
thousand two hundred dollars, as authorized by chapter 
forty-three of the resolves of the present year. 

For the construction of a barn, and the purchase of Massacbusetts 
cows, and for certain repairs and improvements at the 
Massachusetts reformatory at Concord, a sum not exceed- 
ing eleven thousand three hundred dollars, as authorized 
b}^ chapter forty-four of the resolves of the present year. 

For the widow of the late Stephen N. Gifibrd, the sum Stephen n. 
of twenty-one hundred dollars, as authorized by chapter 
forty-seven of the resolves of the present year. 

For printing certain reports of the commissioners on in- Reports of com- 
land fisheries, with the existing laws of the Common- hiiaud^fishedes. 
wealth regulating the fisheries, a sum not exceeding one 
thousand dollars, as authorized by chapter forty-eight of 
the resolves of the present year. 

For the Worcester county free institute of industrial Worcester 

^ ^ </ , county free in- 

science, the sum of fifty thousand dollars, as authorized stuute of indus- 
by chapter forty-nine of the resolves of the present year. 

For the erection of a boarding house, and for certain Normal school 
repairs and furniture at the state normal school at Fram- ^ 'ammguam. 
ingham, a sum not exceeding twenty thousand five hun- 
dred dollars, as authorized by chapter fifty of the resolves 
of the present year. 

For the completion of, for additions to, and for furnish- westborough 

-, . '^ . , ,„ , , . 1, -J. 1 4. insane hospital, 

ing and equipping, the \\estborough insane hospital at furnishing, etc 
Westborough, a sum not exceeding one hundred and fifty- 
five thousand dollars, as authorized by chapter fifty-one of 
the resolves of the present year. 



250 



1886. — Chapter 286. 



Westborough 
insane hospital, 
current ex- 
penses. 



Census and in- 
dustrial statis- 
tics. 



Statistics of 
manufactures. 



Inspector and 
assayer of 
liquors. 



Judge of pro- 
bate for 
Plymouth 
county. 



Judge of pro- 
bate for Middle- 
sex county. 



Insurance com- 
missioner, first 
clerk. 



Second clerk. 



For the payment of current expenses at the Westbor- 
ough iiLsane hospital at AYestborough, a sum not exceeding 
twenty-five thousand dollars, as authorized by chapter 
fifty-two of the resolves of the present year. 

For exjjenses in connection with taking the decennial 
census and industrial statistics of the Commonwealth, a 
sum not exceeding fifteen thousand dollars, being in ad- 
dition to the amount heretofore appropriated for that 
purpose. 

For the purpose of carrying out the act relating to the 
annual collection of statistics of manufactures, a sum not 
exceeding twenty-five hundred dollars, as authorized by 
chapter one hundred and seventy-four of the acts of the 
present year. 

For the salary of the inspector and assa3^er of liquors, 
the sum of three hundred and thirty-six dollars and eleven 
cents, as authorized by chapter one hundred and seventy- 
five of the acts of the present year, being in addition to 
the five hundred dollars appropriated by chapter one of 
the acts of the present year. 

For the salary of the judge of probate and insolvency 
for the county of Plymouth, the sum of three hundred and 
thirty dollars and sixty-five cents, as authorized by chapter 
one hundred and eighty-three of the acts of the present 
year, being in addition to the one thousand five hundred 
dollars appropriated by chapter four of the acts of the 
present year. 

For the salary of the judge of probate and insolvency 
for the county of Middlesex, the sum of three hundred 
and thirty dollars and sixty-six cents, as authorized by 
chapter one hundred and eighty-four of the acts of the 
present year, being in addition to the three thousand dol- 
lars appropriated by chapter four of the acts of the pres- 
ent year. 

For the salary of the first clerk in the department of the 
insurance commissioner, the sura of one hundred and thirty 
dollars and sixty-five cents, as authorized by chapter one 
hundred and eighty-seven of the acts of the present year, 
being in addition to the one thousand eight hundred dol- 
lars appropriated by chapter one of the acts of the present 
year. 

The appropriation for the salary of the second clerk in 
the insurance commissioner's department, authorized by 
chapter one of the acts of the present year, is hereby made 



1886. — Chapter 286. 251 

applicable for the payment of the salary of the second 
clerk in said department as established by chapter one 
hundred and eighty-seven of the acts of the present year. 

For the salary of third clerk in the insurance commis- Third cierk. 
sioner's department, the sum of one hundred and thirty 
dollars and sixty-five cents, as authorized by chapter one 
hundred and eighty-seven of the acts of the present year, 
being in addition to the one thousand dollars appropriated 
for an extra clerk in said department, as authorized by 
chapter one of the acts of the present year, which said one 
thousand dollars is hereby made applicable for the pay- 
ment of the salary of the third clerk established as afore- 
said. 

For such additional clerks and other assistants as may Additional 

b, , 1 , , n ji • • clerks and other 

e necessary in the department ot the insurance commis- aBsistants. 

sioner for the despatch of public business, a sum not ex- 
ceeding six hundred and sixty-six dollars and sixty-seven 
cents, as authorized by chapter one hundred and eighty- 
seven of the acts of the present year, being in addition to 
the seven thousand dollars appropriated by chapter one of 
the acts of the present year. 

For the salary of the judge of probate and insolvency judge of pro- 
for the county of Hampden, the sum of throe hundred and Hlimpd'en 
twenty-six dollars and sixty-one cents, as authorized by county. 
chapter one hundred and eighty-nine of the acts of the 
present year, being in addition to the two thousand dol- 
lars appropriated by chapter four of the acts of the present 
year. 

For publishing reports of capital trials, a sum not exceed- fj^^°^[*y°aig 
ing one thousand tive hundred dollars, as authorized by 
chapter two hundred and fourteen of the acts of the pres- 
ent year. 

For the salary of a law clerk as an assistant in the Attorney-gen- 
department of the attorney-general, the sum of six hundred 
and twenty-three dollars and sixty-seven cents, as author- 
ized by chapter two hundred and sixteen of the acts of the 
present year. 

For a building for the chronic insane at the state work- ^t'ltTte woTk* 
house at Bridgewater, a sum not exceeding fifty thousand house. 
dollars, as authorized by chapter two hundred and nineteen 
of the acts of the present yeq,r. 

For printing and binding the decennial census, a sum not Printing and 
exceeding two thousand dollars, as authorized 1)y chapter niai census. 
thirty-eight of the resolves of the year eighteen hundred 



252 1886. — Chapters 287, 288, 289. 

and eighty-five, being in addition to the eight thousand 
dollars appropriated by chapter two hundred and eighty- 
four of the acts of the year eighteen hundred and eighty- 
five. 

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

Approved June 16, 18S6. 

Chcip.2S7 An Act to prevent the sale of impure ice. 

Be it enacted, etc., as follows : 

heahh'toel"^ Sectiox 1. Upou complaiut iu wHting of uot Icss than 

amine concern- tweuty-fivc cousumers of icc wliich is cut, sold and held 

pure ice. for salc froui any pond or stream in this Commonwealth, 

alleging that said ice is impure and injurious to health. 

the state board of health may appoint a time and place for 

hearing parties to be afiected and give due notice thereof 

to such parties, and after such hearing said board may 

make such orders concerning the sale of said ice as in its 

judgment the public health requires. 

mavTeM-^*""^'^ Section 2. The supreme judicial court in term time 

forced by in- or vacation mav issue an iniunction to enforce such orders 

junction. + 4. 1 " 1 

or the state board. 
Parties ag- SECTION 3. Such ordcrs of the state board of health 

grieved may 

appeal to a jury, shall bc scrvcd upoH any person or persons who are or 
have been selling said impure ice and any party aggrieved 
thereby shall have the right of appeal to a jury and be 
subject to the provisions of sections eighty-eight, eighty- 
nine and ninety of chapter eighty of the Public Statutes, 
and the court may render such judgment as to costs as in 
its discretion may seem just. Approved June 16, 1886. 

Ch(ip.2S8 ^^ Act TO CHANGE the name of the south pocasset cemetert 

ASSOCIATION. 

Be it enacted, etc., as follows : 

Name changed. SECTION 1. The name of the South Pocasset Ceme- 
tery Association is changed to Cataumet Cemetery Associ- 
ation. 

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

App7'oved June 16, 1886. 



Chcq).289 



An Act in relation to the sale of goods at auction. 
Be it enacted, etc., as follows : 



Auctioneers Scction onc of chapter sixty-seven of the Public Stat- 

utes is hereby amended so as to read as follows : — The 



1886. — Chapters 290, 291. 253 

mayor and aldermen or selectmen of any city or town 

may, by writinsj nnder their hands, license one or more 

snitable persons who have resided in their respective cities 

and towns for a period of six months before application is 

made for such license, to be auctioneers within the same 

for the term of one year, and may receive to the use of 

the city or town for each license two dollars. They Fee for license. 

shall record every license in a book to be kept by them 

for that pnrpose. Section five of the same chapter is 

hereby amended so as to read as follows: — An auction- Not to receive 

, • /» 1 1 1 ' IX- goods for sale, 

eer who receives tor sale by auction any goods trom a from a minor. 
minor, knowing him to be such, shall forfeit to the use of 
the city or town a sum not exceeding two hundred dollars 
for each offence. Approved June 16, 1886. 

An Act in relation to the schedules kequiued to be fur- CJiap.2Q0 

NISHED BY AN INSOLVENT DEBTOR TO THE MESSENGER. 

Be it enacted, etc., asfoUoivs : 

If through accident or mistake the schedules referred to schedules to be 
in section nineteen of chapter one hundred and fifty-seven mislenglr^as 
of the Public Statutes are not delivered to the messenger soon as may be, 
within the time allowed by said section they shall be de- 
livered as soon thereafter as may be and within such time 
as shall enable the messenger to comply with the require- 
ments of the warrant issued under the provisions of sec- 
tion seventeen of said chapter ; and any delay or omission 
to deliver such schedules to the messenger shall not affect 
or operate to defeat the granting of the certificate of dis- 
charge unless such omission or delay occurs through the 
fault of the debtor. Approved Jane 16, 1886. 

An Act to confirm the proceedings of the last annual meet- n]in^ 901 

ING OF THE LEE FIRE DISTRICT. 

Be it enacted, etc., asfoUotos: 

Section 1. The proceedings of the Lee fire district Proceedings 
of Lee at its annual meeting, held on the twelfth day of '^°" ^"^'^ ' 
April in the year eighteen hundred and eighty-six, shall 
not be invalid for the reason that the list of voters of said 
fire district was not made out and posted up in said dis- 
trict at least ten days before said meeting, as required by 
section forty-seven of chapter thirty-five of the Public 
Statutes ; and all the doings of said meeting are hereby 
ratified and confirmed. 

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

Approved June 16, 1886. 



254 1886. — Chapter 292. 

ChCL7)J2Q'2i ^N -^^'^ '^^ PROVIDE FOR A UNION RAILROAD PASSENGER STATION 
BETWEEN CHARLES RIVER AND CAUSEWAY STREET IN THE CITr OF 
BOSTON. 

Be it enacted., etc., as follows: 
Union paBBenger SECTION 1. The BostoH and Maine Railroad and the 

station may be . , . 

built. Eastern Kailroad Company, or the said corporations and 

any other railroad corporation or corporations whose road 
or roads now enter the city of Boston on the northerly 
side thereof and cross Charles river, may unite in the 
building and maintenance of a union passenger station, to 
be located in said city between said river and Causeway 
street, and may make such changes and arrangements 
with each other and with any other railroad corporation or 
corporations in respect to the manner of approaching and 
crossins: said river and entering said station as shall avoid 
as far as practicable the crossings of their several railroads 
with each other and with any other railroad or railroads 
at grade. 

May occupy Section 2*. For the purposes aforesaid, and for provid- 

pftrccl of tid.G- 

water land. iug uecessary approaches and appurtenances to such sta- 
tion, the said Boston and Maine Railroad and Eastern 
Railroad Company may, subject to the provisions of this 
act and of chapter nineteen of the Public Statutes, cover 
and occupy with a pile or other similar strutiture such 
portion or portions of the area or parcel of tide-water laud 
flowed by said Charles river and situate between the now 
existing railroad bridges of said corporations across said 

Proviso. river, as may be necessary therefor : provided, however^ 

that no portion of said area or parcel of tide-water land 
shall be so covered or occupied until the board of railroad 
commissioners shall have first approved in writing the 
plans for the location, arrangement and joint use of such 
station, and for the changing and arrangement of the 
tracks of the several railroads approaching and crossing 
said river and entering such station, and for the avoidance 
of grade crossings as aforesaid ; nor until the board of 
harbor and laud commissioners shall have first approved 
in writing the plans for covering and occupying as afore- 
said any portion or portions of said area or parcel of tide- 
water land, both as regards the location and extent of the 
portion or portions to be so covered and occupied, and the 
manner of occupying and using the same ; and all things 
done by any railroad corporation under this act shall be 
done in accordance with the respective plans so approved. 



1886. — Chapters 293, 294. 255 

Section 3. This act shall be void unless the plans I'lans to be;per. 
aforesaid shall have been perfected and approved as herein twoVrrl and 
provided within two years and shall have been executed Avryearsr'''''" 
within five years after the passage of this act. 

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

Approved June 16, 1886. 



bonds. 



An Act to authorize the city of malden to issue^additional Ohap.293 

WATER FUND BONDS. 

Be it enacted, etc., as foUoivs : 

Section 1. The city of Maiden for the purposes men- city of Maiden 
tioned in section three of chapter one hundred and sixty umSw^ter^^' 
of the acts of the year eighteen hundred and seventy may 
issue scrip, notes or certificates of debt to be denominated 
on the face thereof Maiden Water Fund Bonds to an 
amount not exceeding twenty-five thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by said city for the same purposes ; said scrip, 
notes or certificates of debt to be issued upon the same 
terms and conditions and with the same powers as are 
provided in said act for the issue of the Maiden water 
fund bonds by said city, provided that the whole amount of 
such scrip, notes or certificates of debt issued by said city 
together with those heretofore issued by said city for the 
same purposes shall not in any event exceed the amount 
of three hundred and seventy-five thousand dollars. 

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

Apjoroved June 16, 1886. 



Chap.294: 



An Act to create the bennington monument fund. 
Be it enacted, etc., as follows : 

Section 1. Whenever the treasurer and receiver- Fund for benefit 
general of the Commonwealth shall have received from the °oVBltue Mon^' 
Bennington Battle Monument Association, a corporation j'.jj'^e'it Associa- 
established under the laws of the state of Vermont, or 
from any other source, in aid of said corporation, the sum 
of five thousand dollars, and shall have so certified in 
writing to the governor, it shall be the duty of the gov- 
ernor to direct that the sum of ten thousand dollars au- 
thorized by chapter twenty-two of the resolves of the year 
eighteen hundred and eighty-six, for the benefit of the 
Bennington Battle Monument Association, to aid in the 
erection of a monument commemorating: the battle of Ben- 



256 



1886. — CtiAPTERS 295, 296. 



Treasurer to 
receive money 
paid in, and in- 
vest the same. 



Cha2J.295 



Auditors maj' 
be elected In 
towns. 



To examine 
books and 
accounts. 



To malie annual 
report. 



CJiap.296 



Fire not to be 
set upon lands 
of another un- 
der penalty. 



nington in the state of Vermont, which occurred on the 
sixteenth day of August in the year seventeen hundred 
and seventy-seven, together with the five thousand dollars 
as aforesaid, be set apart to be known as the Bennington 
monument fund. The said fund, together with its ac- 
cumulations of interest, shall be invested as is now or may 
be provided by law for the investment of sinking funds, 
and shall be held for the benefit of said association, sub- 
ject to the restrictions contained in chapter twenty-two of 
the resolves of the year eighteen hundred and eighty-six. 

Section 2. The treasurer shall at all times receive all 
moneys paid in for the benefit of this association, and shall 
invest the same in the manner provided for in section one 
of this act, causing the same with the investments thereof 
to constitute a part of said fund. 

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

Approved June 16, 1S86. 

An Act to establish the office of auditor in towns. 

Be it enacted, etc., as follows : 

Section 1. Any town may, at its annual meeting, 
elect one or more auditors who shall be sworn and shall 
not hold any other town office. 

Section 2. It shall be the duty of auditors, chosen 
under the provisions of this act, or already chosen by any 
town to examine the books and accounts of all officers and 
committees of their respective towns entrusted with the 
receipt, custody or expenditure of money, and all original 
bills and vouchers on which moneys have been or may be 
paid from the treasuries of their respective towns. They 
shall have free access to the said books, accounts, bills 
and vouchers at all reasonable times, and may make ex- 
amination thereof as often as they may deem necessary, 
but shall examine the same at least once a year, and shall 
annually report in writing, to their respective towns, as 
to their correctness. 

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

Approved June 16, 1886. 

An Act for the better protection of forests from fires. 
Be it enacted, etc., asfolloivs: 

Section 1. Whoever wilfully or without reasonable 
care sets a fire upon the lands of another by means whereof 
the property of another is injured, or negligently or wil- 



1886. — Chapter 297. 257 

fully suffers any lire upon his own land to extend be3^ond 
the limits thereof by means wliereof the woods or property 
of any other person are injured, shall be punished by fine 
not exceeding two hundred and fifty dollars. 

Section 2. In all towns it shall be the duty of the se- Forest Arewards 
lectmen to appoint within thirty days after the passage of ° eappo'°e 
this act and thereafter annually, in March or April, one 
or more persons to be called forest firewards, who shall, 
in respect to fires in woodlands, have and exercise the 
powers and duties prescribed for firewards in chapter 
thirty- five of the Public Statutes. In towns of less than 
three hundred voters, the selectmen may serve as forest 
firewards if the towns shall so elect. 

Section 3. It shall be the duty of forest firewards to Duties of forest 
post copies of this act and chapter one hundred and sixty- 
three of the acts of the year eighteen hundred and eighty- 
two in two or more public places, to investigate all cases 
of fires in woodlands and report thereon to the mayor of 
the city or to the selectmen of the town, who in their dis- 
cretion shall cause complaints to be made for violation of 
the provisions hereof. 

Section 4. The mayor and aldermen and selectmen Return to be 
shall make return to the insurance commissioner, as re- hlsui^at?oeTOm- 
quired in chapter thirty-five, section ten. Public Statutes, ™'«^'"°<^''- 
of all forest fires, in their respective cities and towns, in 
which more than one acre is burned over. 

Section 5. The engineers of fire departments in cities Engineers to 

I /^i , ..jiiii 1 -Ai exercise duties 

where a fire department exists shall have and exercise the where Are de- 
powers and duties herein prescribed for forest firewards. i">J-tments exist. 
Section 6. Forest firewards may employ such assist- Forest firewards 

/. 1 . J I. ■^ /» J may employ 

ance at the expense ot the city or town as they see fat to assistance. 
suppress forest fires and shall receive such compensation 
as the city or town may determine. 

Approved June 16, 1886. 

An Act to supply the town of cottage city with pure (7/^^r).297 

WATER, 

Be it enacted, etc., as follows : 

Section 1.* The town of Cottage City may supply water supply 
itself and its inhabitants with water for the extinguishment ""^ "^"^^^ ''^ 
of fires and for domestic and other purposes ; may estab- 
lish 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. ' 



258 



1886. — Chapter 297. 



May take the 
■water of Nor- 
ton's pond. 



May erect dams, 
make excava- 
tions, etc. 



May dig up 
lands. 



Description of 
land, etc., taken, 
to be recorded 
in registry of 
deeds. 



Town to pay 
damages. 



Section 2. The said town for the purposes aforesaid 
may take, by purchase or otherwise, and hold the water 
of Norton's pond, so called, with the water rights con- 
nected therewith, and of any other water sources within 
the limits of said town, and the water rights connected 
with 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 may be 
necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and 
lay down conduits, pipes and other works under or over 
any lands, water courses, railroads, or public or private 
ways and along any such way, in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said town may dig up any such lands or ways in such 
manner as to cause the least hindrance to public travel on 
such ways. 

Section 3. The said town shall wnthin sixty days 
after the taking of any lands, rights of way, Avater rights, 
water sources or easements as aforesaid, other than by 
purchase, file and cause to be recorded in the registry of 
deeds for the county within which such lands or other 
property is situated, a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- 
tained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said town under 
the authority of this act. Any person sustaining damages 
as aforesaid under this act, who ftiils to agree with said 
town as to the amount of damages sustaised, may have 
the damages assessed and determined in the manner pro- 
vided by law when land is taken for the laying out of 
highways, on application at any time within the period of 
three years from the taking of such land or other property, 
or the doing of other injury, under the authority of this 



188G. — Chapter 297. 259 

act ; but no such ajiplication shall be made after the ex- 
piration of said three years. No application for assess- No application 
ment of damages shall be made for the taking of any water, damage's until 
water right, or for any injury thereto, until the water is ^ened!*'^"' 
actually withdrawn or diverted by said town under the 
authority of this act. 

Section 5. The said town may, for the purpose ^f wau-rLoan not 
paying the necessary expenses and liabilities incurred to exceed 
under the provisions of this act, issue, from time to time, 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate fifty thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words Cottage City Water 
Loan ; shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue ; shall bear 
interest payable semi-annually, at a rate not exceeding 
six per centum per annum, and shall be signed by the 
treasurer of the town, and be countersigned by the water 
commissioners hereinafter provided for. The said town May seii securi- 
may sell such securities at public or private sale, or pledge the'samefof^ 
the same for money borrowed for the purposes of this act, ToZ^ei.^°'^' 
upon such terms and conditions as it may deem proper. 
The said town shall provide, at the time of contracting sinking fund to. 
said loan, for the establishment of a sinking fund, and ^^ "'-''•'" «^^^i- 
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, "tTpaym^ntr"" 
provide for the payment thereof in such annual proportion- IrshiTg s^nkin"^" 
ate 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 Amount of 
of chapter eleven of the Public Statutes shall state the elc^Ksuted 
amount of any sinking fund established under this act, '« t^^e return. 
and if none is established, whether action has been taken 
in accordance with the provisions of the preceding sec- 



260 



1886. — Chapter 297. 



To raise by tax- 
ation, annually, 
sufficient to 
pay current 
expenses and 
interest. 



Penalty for cor- 
rupting or di- 
verting water. 



Board of water 
commissioners 
to be elected. 



Vacancies in 
board. 



Subject to ac- 
ceptance by a 
two-thirds vote. 



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

Section 8. The said town shall raise annually by tax- 
ation a sum which, with the income derived from the 
water rates, will be sufficient to pay the current annual ex- 
penses 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. 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 pun- 
ished by a fine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 10. 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 expi- 
ration of three years, one until the expiration of two 
years, and one until the expiration of one year from 
the next succeeding annual town meeting, to consti- 
tute a board of water commissioners ; and at each an- 
nual toAvn 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, how- 
ever, to such instructions, rules and regulations as said 
town ma}^ 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 remain- 
der of the unexpired term, by said town at any legal town 
meeting called for the purpose. 

Section 11. This act shall take efl:ect 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 



1886. — Chapter 298. 2G1 

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 18, 1886. 

An Act concerning the Massachusetts school for the feeble- CJiap.29S 

JIINDEU. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts School for the Feeble- to maintain two 

. , 1 < , j_ departments for 

Mmded shall establish and mamtain two departments, one instruction and 
for the instruction and education of feeble-minded persons bil-m^inded.*" ' 
who are within the school age or who in the judgment 
of the trustees thereof are capable of being benetited 
by school instruction, to be known as the school de- 
partment ; and one for the care and custody of those 
feeble-minded persons who are beyond the school age or 
are not capable of being l)enetited bj^ school instruction, 
to be known as the custodial department. 

Section 2. The persons who have been or who here- Trustees to 
after may be received by said corporation, shall from time deem proper, 
to time be classified in and between said departments as .tna dUchTrge 
the trustees shall see fit, and the trustees may receive and JJiXeUoV.'"^''^ 
discharge pupils at their discretion, and may at any time 
discharge any pupil or other inmate and cause him to be 
removed either to his home or to the place of his settle- 
ment or to the custody of the state board of lunacy and 
charity, and they may also allow any inmate to be absent 
on a visit for a period not exceeding three months, and 
the liability of any person or place to said corporation for 
the support of such inmate shall not be suspended by rea- 
son of such absence unless such inmate shall during such 
period become a charge to the state elsewhere. 

Section 3. Said corporation shall gratuitously receive, indigent per- 

TT .. 1 ,1 , j.i"T sons designated 

mamtam and educate in the school department such iiidi- by the governor 

./•ii •!! i» ii"/^ ij-l to be maintained 

gent teeble-minded persons trom this Commonwealth as gratuitously. 
shall be designated by the governor upon the recommend- 
ation of the secretary of the state board of education. 
Special pupils may be received from any other state or 
province at a charge not less than three hundred dollars 
per annum. The trustees may also at their discretion 
receive, maintain and educate, except in the custodial 
department, other feeble-minded persons either gratui- 
tously or upon such terms as they may determine. 

Section 4. There shall be allowed and paid annually Annual aiiow- 
out of the treasury of the Commonwealth the sum of "'J^-. -'.- ^ / a 



tlon. 



262 1886. — Chapter 298. 

twenty thousand dollars to the treasurer of the Massachu- 
setts School for the Feeble-Minded for the use of said 
School in equal quarterly instalments, commencing on the 
first day of July in the year eighteen hundred and eighty- 
six. 
Judge of pro- Section 5 . When it is made to appear upon applica- 

bate may com- .... .- „ .'^'^ , ■'^'■ 

mil feeble- tion in writiug to a judgc or a probate court that a person 

to'the'inatitu'-"* IS a fit subjcct for the Massachusetts School for the 
Feeble-Mind Al, such judge ma}^ commit such person to 
said institution by an order of commitment directed to 
the trustees thereof, accompanied by the certificate of a 
physician who is a graduate of some legally organized 
medical college and has practised three years in this 
Commonwealth, that such person is a suitable subject for 

Fees of the said institution. The fees of the indole for hearing; and 
determmmg the application shall be three dollars, and in 
cases where he is required to go from his oflice or place 
of business to attend such hearing, an additional fee of 
one dollar and all necessary expenses of travel, to be 
paid upon the certificate of the judge by the treasurer of 
the county in which such hearing was had. 

Notice of inten- SECTION 6. A pcrsoH applying for the commitment of 

tioii to apply for r- , i • i i i ;i • • i> ^' 

commitment to a leeole-minded person under the provisions oi section 
or8e"ectm"n.^°' fivc of this chaptcr shall first give notice in Avriting to the 
mayor, or one of the selectmen of the place where such 
feeble-minded person resides, of his intention to make 
such application, and satisfactory evidence that such 
notice has been given shall ])e produced to the judge and 
accompany the order of commitment. 
Charges for sup- SECTION 7. The chai'ges for the support of inmates in 

port of inmates. tit f ^ ^ r -i 

the custodial department of the Massachusetts School for 
the Feeble-Minded shall be three dollars and twenty-five 
cents a week for each person, and shall be paid quarterly 
as follows : For those not having known settlements in 
the Commonwealth, by the Commonwealth, and the same 
may afterwards be recovered by the treasurer of the Com- 
monwealth, of the feeble-minded persons themselves, if 
of sufiicient ability to pay the same, or of any person or 
kindred bound by law to maintain them, or of the place 
of their settlement if any such is ascertained ; for those 
having known settlements in this Commonwealth, either 
by the persons bound to pay or by the place in which such 
inmates had their settlement at the time of their admis- 
sion, unless other sufficient security is taken to the 



1886. — Chapter 298. 263 

satisfaction of the trustees for such support. If any per- Charges for sup- 

1 f 1 . i 1 1 * port, etc., may 

son or place retuses or neglects to pay such charges, or be recovered in 
such sums as may be charged and due for the removal of conuac°t?°'^ 
an inmate whom the trustees are authorized by law to re- 
move, for thirty days after the same has 1)een demanded 
in writing by the treasurer of the institution, of the mayor 
and aldermen of the city, or of the selectmen of the 
town, or of the person liable therefor, the same with 
interest from the time of such demand may be recovered 
for the use of the institution in an action of contract in 
the name of the treasurer of the institution against such 
delinquent city, town or person, and the district-attorneys 
or other prosecuting officers shall bring any of the actions 
authorized by this section when requested. 

Section 8. Every city or town paying the charges and Sa^ge^s^'of's^. 
expenses for the support or removal of a feeble-minded p^""'' ^^'^■' ""^y 

i 11 recover same 

person admitted to said Massachusetts School for the from place of 
Feeble-Minded shall have like riofhts and remedies to re- 
cover the full amount thereof with interest and costs of 
the place of his settlement, or of the feeble-minded per- 
son himself if of sutficient ability to pay, or of any per- 
son bound by law to maintain him, as if such charges and 
expenses had been incurred in the ordinary support of 
such feeble-minded person. 

Section 9. The trustees of the Massachusetts School mTelmiu'li 
for the Feeble-Minded shall annually prepare and send to T^p^';' '° *5'' 

, . T c ^ • • ' -I ^ • board of educa- 

the board ot education a written or printed report of its tion. 
proceedings, income and expenditures, properly classified, 
for the year ending on the thirtieth day of September, 
stating the sum appropriated by the Commonwealth, the 
sura expended under said appropriation, the whole number 
and the average number of inmates, the number and sala- 
ries of officers and persons employed, and such other in- 
formation as the board may require, and shall also once in 
three months make a report to said board statifig the num- 
ber of inmates received and the number discharged 
during the preceding three months, also the whole number 
then in the institution and the number of beneficiaries 
supported by the Commonwealth, together with such other 
information as the board may require. 

Section 10. The state board of lunacy and charity Transfer of in- 

n ,. • j_- . p /- >i . . 1 mates from State 

may trom time to time transfer from the state alms- almshouse, 
house, state workhouse, state primary school or either of iarsfetc^^to"' 
the state lunatic hospitals, to the Massachusetts School Siemtded 



264 



1886. — Chapter 299. 



Real and per- 
sonal estate. 



Repeal. 



for the Feeble-Minded any inmate whose condition would 
be benefited by such transfer, upon the certificate of a 
physician that such person is a suitable subject for said 
institution. All accounts for the support of inmates in 
the custodial department of said Massachusetts School for 
the Feeble-Minded by the Commonwealth under this act 
shall, after they have been approved by the board of 
lunacy and charity, be presented to the auditor and paid 
from the treasury. 

Section 11. Said corporation may hold for the pur- 
pose aforesaid real estate not exceeding in value two hun- 
dred thousand dollars, as well as the personal estate now 
authorized by law. 

Section 12. Chapter two hundred and thirty-nine of 
the acts of the year eighteen hundred and eighty- three, 
except so much thereof as authorizes a change of the name 
of said school, and chapter eighty- eight of the acts of the 
year eighteen hundred and eighty-four, and all acts or 
parts of acts inconsistent herewith, are hereby repealed. 
Said repeal shall not aflect any act done, or any right ac- 
crued, or any cause of action, or any suit or proceeding 
had or commenced in a civil case, or any commitment 
made, before the repeal takes efiect. 

Section 13. This act shall take effect on the first day 
of July next. Approved June 18, 1886. 



Ch(lp.209 An Act relating to licenses to plant, grow and dig oysters, 

AND EXTENDING THE TIME IN WHICH OYSTERS MAT BE TAKEN. 

Be it enacted, etc., as follows : 

Licenses not to SECTION 1. No liceuse to plant, grow and dig oysters, 
without consent shall be assigncd or transferred without the written con- 
o^jeecmen, ^^^^ ^£ ^^^ mayoT and aldermen of the city, or the 
selectmen of the town in which the premises described in 
the license are situated, and no license shall be granted, 
assigned or* transferred to persons who are not inhabitants 
of the city or town wherein the licensed premises are 
situated. 

Section 2. The authority to dig, take or carry away 
oysters from any premises for which a license has been 
granted is hereby limited to the hours in each day between 
one hour before sunrise and one hour after sunset. 

Section 3. Any person holding a license who violates 
any of the provisions of the acts relating to the planting 
and growing of oysters, or any of the provisions of this 



Time for taking 
away oysters, 
limited. 



Penalties. 



1886. — Chapters 300, 301. 265 

act, shall, in addition to the penalties now provided, 
forfeit his license and the oysters remaining on the prem- 
ises licensed, to the town or city wherein the premises are 
situated. Ajyprooed June 21,1886. 



C7iap.300 



An Act providing for the disposition of unclaimed moneys 
paid into the treasury of the commonwealth by receiv- 
ers of certain insolvent corporations. 

Be it enacted, etc., as folio iv s : 

Section 1. All persons or parties heretofore entitled uncf°i^ed"°^ 
to receive any suras of money from the treasurer of the moneys in the 
Commonwealth under the provisions of chapter two hun- by receivers, 
dred and iifty-eight of the acts of the year eighteen **'"■ 
hundred and eighty-three, may file their claims, with the 
evidence thereof, with the auditor of the Commonwealth ; 
and upon the establishment of the validity of their 
claims, certification, Avarrant and payment thereof shall 
folloAV as in case of other valid claims against the Com- 
monwealth. 

Sectiox 2. So much of section three of said chapter Repeal. " 
two hundred and fifty-eight as limits the time of payment 
of moneys deposited with the treasurer of the Common- 
wealth under the provisions of said act to two years, is 
hereby repealed. 

Section 3. This act shall take effect upon its passage. 
, Approved Jtine 21, 1886. 

An Act to incorporate the national mortgage and deben- (JJici7).r)0\ 

TURE company OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. Samuel N. Brown, Charles A. Rogers, National Mort- 
John N. Denison, James White, George May, Clark W. beftureCom. 
Hatch, Charles H. Porter, and their associates and sue- po^atedf^"^" 
cessors, are made a corporation by the name of the 
National Mortgage and Debenture Company for the pur- 
pose hereinafter set forth, to have its place of business in 
the city of Boston, and to be subject to the provisions of 
all general laws which now are or hereafter may be in 
force in relation to such corporations. 

Section 2. The capital stock of said company shall ^^^*g*^3,*^°*=^ 
not exceed five hundred thousand dollars, and shall be 
divided into shares of the par value of one hundred 
dollars each to be paid in at such times and in such 
manner as the board of directors may decide, provided 



266 



1886. — Chaptek 301. 



May loan money 
secured by 
mortgage, etc. 



May issue 
bonds, etc. 



May purchase 
I'eal estate, etc. 
sold at public 
auction. 



Notes, etc., to 
be paid at office 
in Boston. 



Transfers. 



Guarantee fund. 



that said corporation shall not begin the transaction of 
]>usiness until capital stock to the amount of one hundred 
thousand dollars shall be subscribed for and paid in, in 
cash, to the satisfaction of the commissioner of corpora- 
tions of this Commonwealth, and no issue of stock shall 
be made to an amount greater than the stock paid in. 

Section 3. The said corporation may make loans of 
money secured by conveyances of real estate ; may take 
and hold mortgages and also bonds, notes or other 
proper evidences of debt secured by deed of trust or 
mortgage of real property of a cash value not less than 
double the amount secured thereby ; may sell and dispose 
of the mortgages and securities so taken ; may guarantee 
the regular payment of the principal and interest of any 
lionds, notes or other evidences of debt secured by mort- 
gage or deed of trust of real estate ; may issue bonds or 
debentures secured by assignment of the mortgages held 
and owned by it, provided that such bonds or debentures 
shall not be issued by it to an amount exceeding ninety 
per cent, of the face value of the mortgages assigned to 
secure the same ; may purchase real estate or other 
property at any public auction sale thereof duly adver- 
tised with terms of sale and made by virtue of any such 
loan, debts, deed of trust or mortgage and in execution 
of any power of sale contained therein ; but said corpora- 
tion shall not loan on any property upon which there is a 
prior mortgage, encumbrance or lien. 

Section 4. All bonds, notes and other evidences of 
debt taken by said company for money loaned shall be 
payable to said company at its office in the city of Boston 
and shall pass by delivery by transfer on the books of said 
company in the city of Boston, or by certificate of its 
transfer agent at such other place as it ma}'' appoint. No 
transfer, except on the books of the company or by cer- 
tificate of its transfer agent shall be valid unless the last 
transfer shall have been to bearer. A complete record of 
such transfer by said transfer agents shall be forwarded 
to and kept at the office of the company in Boston. 

Section 5. The company shall set apart as a guaran- 
tee fund not less than ten per cent, of its net earnings in 
each and every year until such fund with the accumulated 
interest thereon shall amount to one- fourth of the capital 
stock actually subscribed and paid in in cash ; said guaran- 
tee fund shall be invested in the securities in which savings 



1886. — Chapter 301 . 267 

banks are allowed to invest by the laws of this Common- 
wealth. 
^ Section 6. The shareholders of said corporation shall iii'*'''l''Y,°^ 

^ snarenolders. 

be held individually liable in the same manner and to the 
same extent, and not otherwise, as stockholders of manu- 
facturing corporations are or may be held liable by the 
laws of this CommonAvealth. The provisions contained in 
sections sixty-two to seventy-one inclusive of chapter one 
hundred and six of the Public Statutes shall apply to and 
regulate the enforcement of this liability. 

Section 7. All real estate purchased or acquired by Real estate ac- 
said corporation under or by virtue of any deed of trust sold witwn five 
or mortgage as provided by section three shall be sold ^'^^^^' 
within five years after such purchase or acquisition. 

Section 8. The said company shall annually make to make annual 
certificate and returns to the oflSce of the secretary of the 
Commonwealth in the manner provided in section fifty- 
four of chapter one hundred and six of the Public Statutes, 
the form of which return shall be subject to the approval 
of the commissioner of corporations as therein provided. 
The said commissioner of corporations shall have access subject to ex- 
to the vaults, books and papers of the said corporation, t^mmil°u>nlr of 
and shall have the right to examine and inquire into its corporations. 
afiairs, and to take proceedings in regard to them at such 
times as he shall deem necessary. 

Section 9. Said corporation for purposes of taxation subject to taxa- 
shall be subject to the laws which are now or may here- 
after be in force in this Commonwealth relating: to the tax- 
ation of manufacturing corporations so far as the same may 
be applicable and the returns to be made by said corpora- 
tion shall be those provided in section eight of this act 
and in section thirty-eight of chapter thirteen of the Public 
Statutes of this Commonw^ealth and by acts passed in 
amendment of said section thirty-eight, and those which 
may be required by general laws from all corporations in 
this Commonwealth. 

Section 10. The books of said corporation shall at all Books may be 
reasonable times be open for inspection to the stockholders stockholders, 
and to all holders of bonds, notes or other evidences of g\°'^'^^°^'^^''*> 
debt guaranteed by the said corporation. 

Section 11. This act shall take eftect upon its passage 

Approved June 21, 188 6. 



268 



1886. — Chapters 302,303. 



May settle with 
certain inhabit- 
ants for dam- 
ages. 



May appropri- 
ate money for 
purpose. 



Subject to ac- 
ceptance by a 
two -thirds vote 



(77i«/>.302 ^N -^CT AUTHORIZING THE TOWN OF NORTHBOROUGH TO SETTLE 
WITH CERTAIN INHABITANTS OF SAID TOWN FOR DAMAGES. 

Be it enacted, etc., as follows: 

Section 1. The town of Northborough is hereby 
authorized to settle with certain inhabitants of said town 
who tiled claims for damages by the taking of water or 
water rights under chapter one hundred and ninety-two 
of the acts of the year eighteen hundred and eighty-two, 
by arbitration or in such other manner as the said town 
and said inhabitants may agree-upon. 

Section 2. The town of Northborough is hereby 
authorized to raise and appropriate such sums of money 
as shall be necessary for the purpose of carrying out this 
act. 

Section 3. This act shall take effect upon its accept- 
ance by a two-thirds vote of the voters of said town pres- 
ent and voting thereon at a legal town meeting called for 
the purpose within one year from its passage. 

Apjjroved June 21, 1886. 

C7iap.30S -^N Act TO PROVIDE FOR THE PRESERVATION OF THE PUBLIC HEALTH 

IN THE TOWN OF NANTUCKET. 

Be it enacted, etc., as follows : 

Section 1. The board of selectmen of the town of 
Nantucket may, for the purpose of abating a nuisance and 
preserving the public health in said town, acquire by pur- 
chase or take, in the name and behalf of said town, a cer- 
tain tract or parcel of lands and flats situate therein, 
bounded north by the Steamboat wharf, east by land of 
the Nantucket Railroad Company, south by the Old North 
wharf, so called, and west by South Water street ; or such 
portion or portions thereof as the said board may from 
time to time deem necessary for said purposes. 
?e°on^ed^n reV Section 2. Tlic Said board of sclcctmen shall fllc froui 
istry of deeds a timc to time lu the registi'v of deeds for the county of 

(IGSCriDtlOIl 01 

the land taken. Nautuckct, and causc to bc rccordcd therein, a description 
of any lands or flats taken as aforesaid, as certain as is 
required in an ordinary conveyance of land, with a state- 
ment signed by said board or a majority thereof that the 
same are taken in the name and behalf of said town under 
the provisions of this act ; and the act and time of the filing 
thereof shall be deemed to be the act and time of the tak- 



May take land 
to abate a nui- 
sance. 



1886. — Chapter 30i. 269 

ins: of such lauds or flats, and to be sufficient notice to all 
persons that the same have been so taken. The title to 
all lauds and flats so taken shall vest absolutely in said 
town and its assigns forever. 

Section 3. The said board of selectmen shall have f^ettiement for 
full power to settle by agreement or arbitration the amount ^™''^'^^* 
of damages sustained by any person in his property by 
reason of the taking of any lands or flats as aforesaid ; and, 
if not so settled, the same may be assessed by a jury at 
the l)ar of the superior court for the county of Bristol, 
upon petition to be filed by such person at any time within 
one year after such taking, and not afterwards. The pro- 
visions of sections sixty-five, sixty-six and seventy-six of 
chapter one hundred and sixty-seven of the Public Stat- 
utes shall apply to any such proceeding. 

Section 4. The said town may from time to time fill j^n^g'^^en!^ 
with suitable material and otherwise improve any lands 
and flats acquired or taken as aforesaid, or any portion 
thereof, and shall abate any' nuisance existing thereon, 
and may at any time thereafter sell and convey or other- 
wise dispose of the same or any portion thereof; but all 
filling and other work done upon any lands flowed by tide- 
w^ater shall be subject to the provisions of chapter nineteen 
of the Public Statutes. 

Section 5. This act shall take efi'ect upon its accept- subject to ac- 

. . .!■ ^ ceptance by a 

ance by a majority of the legal voters of said town present majontj^ vote, 
and voting thereon at a town meeting duly called for that 
purpose within one year after its passage. 

Approved June 21, 1886. 



An Act to authorize a loan for tub construction of public (JJian.^0^ 

PARKS in or near THE CITY OF BOSTON. 

Be it enacted, etc.^ as follows : 

Section 1. For the purpose of defraying the costs and ^t?uctfonof° 
expenses of constructing the parks established by the city parks author- 
of Boston, the city council of said city may, by a vote 
passed in the manner provided by section seven of chapter 
twenty-nine of the Public Statutes, authorize its treasurer 
to issue, from time to time, to the amount of five hundred 
thousand dollars each year, and to a total amount not ex- 
ceeding two million five hundred thousand dollars, negoti- 
able bonds or certificates of indebtedness, payable in not 
exceeding fifty years from their date and bearing interest 
at a rate not exceeding four per cent, per annum, to be 



270 1886. — Chapters 305, 306. 

denomiaated ou the face thereof, Public Park Construction 
Loan. 
Jen bounds. ""'^ Section 2. Said treasurer shall sell said bonds and 
certificates, or any part thereof, from time to time, and 
retain the proceeds thereof in the treasury of the said city, 
and pay therefrom the expenses incurred for the purposes 
aforesaid. 
fo"^^^,'?. Section 3. Upon the passage of the said vote the 
ofpartf^""""" board of park commissioners of said city shall without 
delay proceed with the construction of said parks, and 
shall carefully and judiciously expend the amounts afore- 
said in such construction. 
i^c?uded*4khhi Section 4. The debt and loans authorized by this act 
ij'^'^'t 0/ 1S85, shall not be included within the limit fixed by section two 
of chapter one hundred and seventy-eight of the acts of 
the year eighteen hundred and eighty-five. 

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

Ap2:)roved June 21, 1886. 

Ch(iP.S05 -^^ ^^"^ CONCERNING THE PUNISHMENT FOR RAPE. 

Be it enacted, etc., as follows: 
Punishment for SECTION 1. Whocvcr ravishcs and carnally knows a 
female of the age of thirteen years or more by force and 
against her will, or unlawfully and carnally knows and 
abuses a female child under the age of thirteen years, shall 
be punished by imprisonment in the state prison for life, 
or for any term of years. 

Section 2. Section twenty-seven of chapter two hun- 
dred and two of the Public Statutes is hereby repealed. 

Approved June 21, 1886. 

Chat) 306 -^^ -'^^^ "^^ AUTHORIZE THE REPAYMENT OF A CERTAIN SUM OF 
MONEY BY THE CITY OF CAMBRIDGE TO THE FITCHBURG RAILROAD 
COMPANY. 

Be it enacted, etc., as follows : 
City of Cam- SECTION. 1. The city of Cambridge is hereby author- 

bacii'cer'ta'in^ ized to pay back to the Fitchburg Railroad Company the 
EMtchburVRlii- sum of seven hundred and sixty-five dollars with legal in- 
road Company, t^rcst thercon from the eighth day of March in the year 
eighteen hundred and seventy to date of repayment, and 
such further sum as shall compensate the Fitchburg Raih'oad 
Company for all loss, damage and expense incurred by 
said company by reason of the non-compliance of said 



188G. — Chapters 307, 308. 271 

city with the provisions of an order passed by the city 
council of said city, dated the ninth day of December in 
the year eighteen hundred and sixty-eight, relating to the 
bridge over the Fitchburg railroad on North avenue in 
said city ; said sum having been paid and received, said 
order passed, and all acts under it performed without any 
legal authority therefor. 

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

Approved June 21, 1886. 



An Act to establish the salaries of the justice and clerk of 
the police court of lowell. 



Chapmi 



Be it enacted etc., as foUoios : 

Section. 1. The justice of the police court of Lowell saury of justice. 
shall receive an annual salary of two thousaud three hun- 
dred dollars. 

Section 2. The clerk of the police court of Lowell saiaryofcierk. 
shall receive an annual salary of eighteen hundred dol- 
lars. 

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

Approved June 21, 1886. 

An Act authorizing the town of scituate to pay the claims nhart 308 

OF CERTAIN SOLDIERS. "'' 

Be it enacted, etc., as follows: 

Section 1 . The town of Scituate is authorized to raise Town may pay 
by taxation a sum of money not exceeding four thousand slTidTers.^^^'^'''"* 
two hundred dollars and appropriate the same to the pay- 
ment of the claim of each of the following named soldiers : 
Joseph O. Marsh, John B. Newcomb, Asahel F. Nott, 
Hosea D. Nott, Charles H. Nott, Oliver F. Hayes, Wil- 
liam O. Merritt, Nelson V. Hutchinson, William A. 
Cook, Charles W. Clapp, William G. Litchfield, Galen 
W. Litchfield, Francis H. Litchfield, Charles F. Sylvester, 
Edmund H. Sylvester, Charles D. Young, Galen Litch- 
field, William Litchfield, Edward James, George. W. 
Hodgdon and John Welch, members of company K. 
seventh regiment of Massachusetts volunteers, the said 
claim arising from a vote of said town passed on the 
fourth day of May in the year eighteen hundred and sixty- 
one : provided, that said town shall not be reimbursed by 
the Commonwealth for any money paid under authority 
of this act. 



272 • 



1886. — Chapter 309. 



If soldier dies, 
money to be 
paid to widow, 
etc. 



Chap 



Board of over- 
Beers of the 
poor estab- 
lished. 



Vacancies in 
board. 



Organization. 



Accounts and 
reports of ex- 
penditures to be 
rendered to city 
council. 



Section 2. If any such soldier has died or shall die 
before receiving payment of said claim, it shall be paid 
to his widow, or if he leaves no widow, to his lawful 
heirs. 

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

Ap2woved June 21, 1S86. 

.309 ^^ ^9'^ TO AMEND THE CHARTER OF THE CITY OF NEW BEDFORD IN 
RELATION TO ITS OVERSEERS OF THE POOR, 

Be it enacted, etc., as foUoivs : 

Section 1. The powers and duties of the overseers 
of the poor of the city of New Bedford as now existing in 
said city shall henceforth, subject to the provisions of this 
act, be exercised and performed by a board of the over- 
seers of the poor to be created as follows, viz.: — As 
soon after the acceptance of this act as may be the mayor 
of said city shall appoint, subject to the confirmation of 
the city council of said city sitting in joint convention, 
three persons to be overseers of the poor to hold oiSce 
respectively for one, two and three years from the first 
day of May in the year in which they are appointed and 
until their successors are appointed and confirmed ; and 
annually thereafter in the month of April in each year the 
mayor shall appoint, subject to confirmation as aforesaid, 
one overseer of the poor to serve for a term of three years 
from the first day of May in the year in which he shall be 
appointed and until his successor is appointed and con- 
firmed ; but the mayor or city council may at any time 
remove any member of said board. Whenever any 
vacancy shall occur in said board of overseers of the poor 
by death, resignation or otherwise, said vacancy shall be 
filled by appointment in the manner aforesaid of another 
person as overseer of the poor who shall hold office for 
the residue of the unexpired term. 

Section 2. As soon as may be after the creation of 
said board in accordance with this act, and annually there- 
after on the first Monday of May said board shall organize 
by the choice of a chairman from their own number, and 
said board shall also appoint a secretary who may be a 
member of said board or not as said board shall determine. 

Section 3. Said board shall render such accounts and 
reports of their acts, expenditures and doings as may be 
required by the city council, and the same shall be audited 
and allowed, if according to law, in such manner as the 



1886. — Chapter 310. 273 

city council m;iy from time to time determine, and said 
city council may also from time to time by ordinance or 
otherwise regulate all matters of compensation and of 
clerical and other assistance for said board. 

Section 4. The present board of overseers of said ^JSliTrnii**' 
city shall continue to hold and exercise the powers and new board is 

*', . . • 1 • organized. 

duties ot overseers ot the poor in and lor said city as now 
provided by law until the board of overseers of the poor 
as provided by this act shall be appointed and confirmed. 

ISection 5. This act shall take effect from and after subject to ac- 

1,1 •. -1 p • 1 -j^ ceptance by city 

its acceptance by the city council ot said city. council. 

Approved June 22, 1886. 

An Act to incorporate the Bradford water company. (7A«».310 
Be it enacted, etc., as folloios : 

Section 1. Samuel W. Hopkinson, William Coofswell, Bradford water 

» n , T T-^' 1 11 T TT Tx • -XT J 1 • 1 rfi CompaDy incor- 

Albert JL. ivimball, James H. Durgm, JNathaniel lenney porated. 
Kimball, Albert Kimball, John B. Farrar, William Hil- 
ton, Charles B. Emerson, and their associates and suc- 
cessors, are hereby made a corporation by the name of the 
Bradford Water Company, for the purpose of supplying 
the inhabitants of Bradford with water for the extinguish- 
ment of fires, and for domestic and. other purposes; with 
all the powders 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 contract 
aforesaid, may contract with the Haverhill Aqueduct Iqueduct"com- 
Company to supply it with water and may take, by pur- p^ny for supply, 
chase or otherwise, and hold water from the Merrimac water from Mer- 
river, and the waters which flow into the same, and the """"^ '■'^'^'■• 
water rights connected therewith, within the limits of 
said town of Bradford, and also all lands, rights of way 
and easements, necessary for holding and preserving such 
"water, and for conveying the same to any part of said 
tow^n ; and may erect on the land thus taken or held 
proper dams, buildings, fixtures and other structures ; 
and may make excavations, procure and operate machin- May make oxca- 
ery, and provide such other means and appliances as may Itnlcraudlay"' 
be necessary for the establishment and maintenance of ^°^" conduits. 
complete and effective water works : and may construct 
and lay down conduits, pipes and other works, under or 



274 



1886. — Chapter 310. 



May dig up 
lands, under di- 
rection of select- 
men. 



To record in the 
registry of deeds 
a description of 
the land taken. 



Payment of 
damages. 



Ko application 
for damages to 
be made until 
■water is with- 
drawn. 



May regulate 
use of water, and 
may fix and col- 
lect rates. 



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 corporation maj' dig up an}^ 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, other 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county within which such lands 
or other property is situated, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all dam- 
ages sustained by any person in property, by the taking 
of any land, right of way, water, water source, water 
right or easement, or by any other thing done by said 
corporation, luider the authority of this act. Any person 
sustaining damages as aforesaid under this act, who fails 
to agree with said corporation as to the amount of dam- 
ages sustained, may have the damages assessed and deter- 
mined in the manner provided by law when land is taken 
for the laying out of highways, on application at any 
time within the period of three years from the taking of 
such 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 corporation under the authority of this act. 

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



1886. — Chapter 310. 275 

purposes, as'nia}- be agreed upon by said town or such 
fire district, individual or corporation, and said corpora- 
tion. 

Section 6. Tiie said corporation may, for the pur- Reai estate and 
poses set forth in this act, hold real estate not exceeding '^^^''^ *'°° 
in amount ten thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Sectiox 7. Whoever wilfully or wantonly corrupts. Penalty for cor- 
pollutes or diverts any of the waters taken or held under vertin'l water. 
this act, or injures any structure, work or other property, 
owned, held or used by said corporation under the au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 

Sectiox 8. The said corporation may issue bonds and May issue bonds 

1 _ ./ _ and secure the 

secure the same by a morto-a^e on its franchise and other same by mort- 
property, to an amount not exceeding its capital stock " 
actually J3aid in and applied to the purposes of its incor- 
poration. 

Section 9. The said town of Bradford shall have the Town maypur- 

• 1 . i i.- 1 • ii J.' X* J.1 I i- chase franchise 

right, at any time during the continuance ot the charter and property. 
herel)y granted, to purchase the franchise, corporate 
property, and all the rights and privileges of said corpo- 
ration, at a price which may be mutually agreed upon 
between said corporation and the said town ; and the said 
corporation is authorized to make sale of the same to 
said town. In case said corporation and said town are 
unable to agree, then the compensation to be paid shall be 
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. If said 
corporation shall have issued bonds under the provisions 
of section eio-ht and the morto-ao^e shall not have been 
foreclosed, and the compensation to be paid shall be deter- 
mined by commissioners as aforesaid, such commissioners 
shall find the value of such franchise, corporate property, 
rights, powers and privileges, as if the same were unen- 
cumbered, and the mortgagees shall be entitled to be heard 



276 



1886. — Chapter 310. 



Subject to a 
two-thirds vote. 



Bradford Water 
Loan, not to ex- 
ceed 8100,000. 



Sinking fund to 
be provided. 



May make an- 
nual proportion- 
ate payments 



before such commissioners as to such value ; and if the 
vahie 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 shall be less than the amount of such 
mortgage debt, then said town shall acquire such fran- 
chise, 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 thereupon hold and possess such franchise and 
all said corporate property, rights, powers and ))rivileges 
unencumbered and discharged from any trust. The right 
to purchase 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 
paying the cost of said franchise and corporate property, 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue, from time to time, bonds, 
notes or scrip, to an amount not exceeding in the aggre- 
gate one hundred thousand dollars ; such bonds, notes 
and scrip shall bear on their fiice the words Bradford 
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 countersigned by the water 
commissioners hereinafter provided for. The said town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this 
act, upon such terms and conditions as it may deem 
proper. The said town shall provide, at the time of con- 
tracting said loan, for the establishment of a sinking 
fund, and shall annually contribute to such fund a sum 
sufficient, with the accumulations thereof, to pay the 
principal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan, and shall be used for no other purpose. 

Section 11. The said town, instead of establishinof a 
sinking fund, may, at the time of authorizing said loan, 



1886. — Chapter 310. 277 

provide for the payment thereof in such annual propor- instead of estab- 

'■ . •II-' 1 1 -ii • J.I. lishing sinking 

tionatc payments as will extmguish the same witlim the fund. 
time prescribed in this act, and when such vote has been 
jjassed 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- Return to state 
one of chapter eleven of the Public Statutes shall state etc. 
the amount of any sinking fund established under this act, 
and if none is established, whether action has been taken 
in accordance Avith the provisions of the preceding sec- 
tion, and the amounts raised and applied thereunder for 
the current year. 

Section 13. The said town shall raise annually by to raise by tax- 
taxation a sum which, with the income derived from the for current ex- 
water rates, will be sufficient to pay the current annual ferest.*''" 
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 14. The said town shall, after its purchase of ^oTmir/io'^ers'" 
said franchise and corporate property, as provided in this to be elected. 
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 succeed- 
imr annual town meetinsr, to constitute a board of water 
commissioners ; and at each annual town meeting there- 
after 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 pro- 
vided for, shall be vested in said board of water commission- 
ers, 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 To be trustees 

c J t • •11/. 1 • -J. c -J • of the sinking 

lund herein provided tor, and a majority oi said commis- fund. 
sioners shall constitute a quorum for the transaction of 
business relative both to the water works and the sinking 
fund. Any vacancy occurring in said board from any Vacancies. 
oause may be filled for the remainder of the unexpired 



278 



1886. — Chapter 311. 



Security for 
payment of 
damages and 
costs may be 
required to be 
given. 



Rights of Brad- 
ford Academy 
not to be dis- 
turbed. 



Work to be 
commenced 
within three 
years. 



Chap. 



term by said town at any legal town meeting called for 
the purpose. 

Section 15. The county commissioners for the county 
of Essex shall, upon application of the owner of any 
land, water or water rights taken under this act, require 
said corporation to give satisfactory security for the pay- 
ment of all damages and costs which may be awarded 
such owner for the land or other property so taken ; but 
previous to requiring such security the said county com- 
missioners shall, if application therefor is made by either 
party, make an estimate of the damages which may result 
from such taking, and the said county commissioners shall 
in like manner require further security, if at any time the 
security before required appears to them to have become 
insufficient ; and all the right or authority of said corpo- 
ration to enter upon or use such land or other property, 
except for the purpose of making surveys, shall be 
suspended until it gives the security required. 

Section 16. Said company shall not in any way in- 
terfere with or disturb the rights or privileges which 
Bradford Academy, a corporation duly established under 
the laws of this Commonwealth and located in said town 
of Bradford, now enjoys for taking water from said 
Merrimac river for the use and general purposes of said 
academy. 

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 
passage. Approved Jane 22, 1886. 



.311 An Act to incorporate the Berkshire heights water com- 
pany OF GREAT BARRINGTON. 

Be it enacted, etc., as follmus : 

Heighti Water Section 1. Edwlu D. Braiuai'd, Caleb Ticknor, 
Company incor- William E. Coopcr, Herbert C. Joyner, their associates 

porated. I ' -, "^ • i i 

and successors, are hereby made a corporation by the 
name of the Berkshire Heights Water Company, for the 
purpose of furnishing the inhabitants of that part of the 
village of Great Barrington now known as the Berkshire 
Heights, and other inhabitants of said village, subject to 
the limitations hereinafter named, with water for the ex- 
tinguishment 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 



1886. — Chapter 311. 279 

laws which now arc or may hereafter be in force applicable 
to such corporations. 

Section 2. Said corporation, for the purposes afore- ^''^JeenTher 
said, may take, subject to the limitations hereinafter 
named, the waters of Green river, so called, in the town 
of Great Barrington, and of the tributaries thereof, with 
any water rights connected therewith, and may also take 
and hold, by purchase or otherwise, any real estate, rights 
of way or easements necessary for laying, constructing 
and maintaining aqueducts, reservoirs, storage basins, 
dams and such other works as may be deemed necessary 
or proper for collecting, purifying, storing, discharging, 
conductiuo' and distributins^ said waters to said inbabi- 
tants : provided, ho^vever, that said corporation shall not 
at any time, under the provisions of this act, take, divert 
or convert to its own use, more than ten per cent, of the 
waters of said river. 

Section 3. The said corporation shall, within sixty to record in the 
days after the taking of the waters of said Green river, or a description of 
any water rights, or water sources, or any real estate, ^^ .etc.ta-en. 
rights of way or easements as aforesaid, otherwise than 
by purchase, file and cause to be recorded in the office of 
the registry of deeds for the southern district of the 
county of Berkshire, a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
poses for which the same was taken, signed by the presi- 
dent of the corporation. 

Section 4. Said corporation may erect on the land .^YfixTures**"* 
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 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 May dig up 

T 1 1 T T 1 ,1 T i- /> J 1 lands under di- 

dig up any such lands, and, under the direction ot the rectionofthe 
board of selectmen of the town in which any such ways ^®'®'''™^"- 
are situated, may enter upon and dig up any such ways, 



280 



1^86. — Chapter 311. 



May distribute 
water, etc. 



Liability for 



Real estate, 
capital stock 
and shares. 



May issue 
bonds and se- 
cure the same 
by mortgage. 



Penalty for cor- 
rupting or di- 
verting water. 



in such manner as to cause the least hindrance to public 
travel on such ways. 

Section 5. Said corporation may distribute said water 
to any residents or cottages that may hereafter occupy 
lands which have been at any time owned by the Berk- 
shire Heights Land Company, and to any other inhabi- 
tants of the village of Great Barrington and vicinity, 
whose dwellings or other premises are so situated that 
they cannot be supplied with water, for the purposes 
specified in this act, by the Great Barrington Water 
Company, as now operated. 

Section 6. Said corporation shall be liable to pay 
all damages that shall be sustained by any person in his 
property by the taking of any land, water or water rights, 
or by constructing any aqueducts or other works for the 
purposes specified in this act ; and if any person who 
shall sustain damages as aforesaid cannot agree with said 
corporation upon the amount of said damages, the same 
shall be ascertained, determined and recovered in the 
manner now provided by law in case of land taken for 
highways. 

Section 7. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount ten thousand dollars ; and the whole capital 
stock of said corporation shall not exceed twenty thou- 
sand dollars, to be divided into shares of one hundred 
dollars each. 

Section 8. The said corporation may issue bonds, 
and secure the same by a mortgage on its franchise and 
other property, to an amount not exceeding its capital 
stock actually paid in and applied to the purposes of its 
incorporation. 

Section 9. 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 au- 
thority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of dam- 
ages assessed therefor, to be recovered in an action of 
tort ; and upon conviction of either of the above wilful 
or wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 



1886. — Chapter 311. 281 

Section 10. The suid town of Great Barringtou, and iJlX^nfay 
any fire district that is, or may hereafter be, esta1)lished E'andprop- 
therein, shall have the right at any time during the con- eny. 
tmuance of the charter hereby granted to purchase the 
franchise, corporate property and all the rights and 
privileges of said corporation, at a price which may be 
mutually agreed upon between said town or such fire 
district and said corporation ; and the said corporation 
is authorized to make sale of the same to said town or 
to such fire district. In case said corporation and said 
town or such fire district are unable to agree, then the 
compensation to be paid shall be determined by three 
commissioners, to be appointed by the supreme judicial 
court upon application of either party and notice to the 
other, whose award, when accepted by said court, shall 
be binding upon all parties. This authority to purchase ^ubj^^'=^ ^° ^*j 
said franchise and property is granted on condition that thirds vote?^ 
the same is assented to by said town or such fire district 
by a two-thirds vote of the voters of said town or such 
fire district present and voting thereon at a meeting called 
for that purpose. 

Section 11. The said town or fire district may, for GreatBamng. 

. p • 1 /• 1 • 1 ton Water Loan, 

the i:)urpose of payino; the cost ot said tranchise and cor- not to exceed 
porate property, and the necessary expenses and haljilities "" ' 
incurred under the provisions of this act, issue, from time 
to time, bonds, notes or scrip, to an amount not exceed- 
ing, in the aggregate, twenty thousand dollars ; such 
bonds, notes and scrip, shall bear on their face the words 
Great Barringtou 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 or of the fire 
district and countersigned by the chairman of the water 
commissioners hereinafter provided for. The said towai 
or fire district 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 or fire district shall provide, sinking fund to 
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 sink- 



282 



1886. — Chapter 311. 



May make an- 
nual proportion 
ate payments 
instead of estab 
lishing fund. 



Return to state 
the amount of 
sinking fund, 
etc. 



To raise Ijy tax 
ation sufficient 
for current ex- 
penses and in- 
terest. 



Board of water 
commissioners 
to be elected. 



ing fund shall remain inviolate and pledged to the pay- 
ment of said loan, and shall be used for no other purpose. 

Sectiox 12. The said town or fire district, instead of 
establishing a sinking fund, may, at the time of author- 
izing said 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 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 13. 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 14. The said town or fire district shall raise 
annually, by taxation, a sum wdiich, 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 towni or tire district, and to 
make such contributions to the sinking fund and paj'ments 
on the principal as may be required under the provisions 
of this act. 

Section 15. The said town or fire district shall, after 
the purchase of said franchise and corporate property, as 
provided in this act, at a legal meeting called for the pur- 
pose, elect by ballot three persons to hold office, one until 
the expiration of three years, one until the expiration of 
two years, and one until the expiration of one year from 
the next succeeding annual town or district meeting, to 
constitute a board of water commissioners ; and at each 
annual town or district meeting thereafter, one such com- 
missioner shall be elected by ballot for the term of three 
years. All the authority granted to the said town or 
district 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 or district may impose by 



1886. — Chaptkr 312. 283 

vote ; the said commissioners sli:ill be trustees of the sink- Jf"the slnkin" 
ing fund herein provided for, and a majority of said com- f""*^- 
missioners shall constitute a quorum for the transaction of 
business relative both to the water works and to the sink- 
ing fund. Any vacancy occurring in said board from any 
cause may be filled for the remainder of the unexpired 
term by said town or district at any legal town or fire 
district meeting called for the purpose. 

Section" 16. This act shall take effect upon its passage, work to be 
but shall become void unless work under it shall be com- wuhin three 
menced within three years from the date of its passage. ^®'"*' 

Approved June 22, 1886. 

An Act to authorize the town of Plymouth to obtain an Chcip.31^ 

ADDITIONAL SUPPLY OF AVATER, AND TO ISSUE NOTES, BONDS OR 
SCRIP FOR THAT PURPOSE. 

Be it enacted, etc., as follotos : 

Section 1. The town of Plymouth, for the purpose of :i^fter8°Jlfpiyfor 
supplying itself and its inhabitants with an additional sup- Plymouth 
ply of water for the extinguishment of fire and for domes- 
tic and other purposes, may take by purchase or otherwise, 
and hold any lands, rights of way or easements, necessary 
for holding and preserving such water and for conveying 
the same to any part of said town of Plymouth ; and may 
erect on the land thus taken or held, proper dams, reser- 
voirs, 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 w^ater works ; and 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 pur- 
pose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town may dig up any such lands, 
and, under the direction of the board of selectmen of the 
town in which any such w^ays 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 town shall, within sixty days To record m the 
after the taking of any lands, rights of way or easements rielmptioro/ 
as aforesaid, otherwise than by purchase, file or cause to uken"*^' ^*''' 



284 



1886. — Chapter 312. 



Payment of 
damages. 



Plymouth 
Water Loan, 
Act of 1886. 



May sell securi- 
ties or pledge 
the same for 
money bor- 
rowed. 



Annual pay- 
ments to be 
made. 



be recorded in the registry of deeds for the county and 
district within which such lands or otlier property is sit- 
uated, a description thereof sufficiently accurate for identi- 
fication, with a statement of the purpose for which the 
same were taken, signed by the water commissioners of 
the town. 

Section 3. 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 highways, 
on application at any time within the period of three years 
from the taking of such land or other propert}^ or the doing 
of other injury under the authority of this act ; but no 
such application shall be made after the expiration of said 
three years. 

Section 4. The said town 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 forty-five thousand dollars ; such bonds, notes 
or scrip, shall bear on the face thereof the words Plymouth 
Water Loan, Act of 1886 ; 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 and be countersigned by a majority 
of the board of selectmen of the town. 

Section 5. 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 6. No such bonds, notes or scrip shall be 
issued unless the said town at the time of authorizing said 
loan shall by a majority vote provide for the payment 
thereof in such annual payments, beginning with the issue 
of the bonds, as will extinguish the same within the time 
prescribed in this act ; and when such vote has been passed 



1886. — Chapters 313, 314. 285 

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 
of chapter eleven of the Public Statutes shall state whether has\een 'taken. 
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. This act shall take effect upon its accept- subject to ac- 

r. • T ceptance by a 

ance by a two-thirds vote ot the voters of said town present two-thirds vote, 
and voting thereon at a legal town meeting called for the' years, 
purpose within three years from its passage ; but the num- 
ber of meetings so called in any year shall not exceed 
three. Approved June 22, 1886. 

An Act relating to the tenure of office of teachers. C/^«?9.313 

Be it enacted., etc., as follows : 

Section 1 . The school committee of any city or town Teachers may 

1 , T 1 I'i^ 1 j_ J 1 be elected dur- 

may elect any duly qualined person to serve as a teacher ing the pleasure 
in the public schools of such city or town during the ^f^^^e commit- 
pleasure of such committee : provided, such person has 
served as a teacher in the pul)lic schools of such city or 
town for a period of not less than one year. 

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

Approved June 22, 1886. 

An Act to incorporate the trustees of the murdock fund. (J1l(l7).'^\4: 

Be it enacted, etc., as follows : 

Section 1. Rodney Wallace, Edward C. Thayer, Trustees of the 
Waldo C. Corey, John Sweetser and Moses H. Manzer, incorporated" 
the trustees under the will of the late Ephraim Murdock, 
Jr., of Winchendon, and their successors are hereby made 
a corporation at said Winchendon by the name of Trustees 
of the Murdock Fund, for the purp.ose of holding in trust 
and administering in accordance with the directions of said 
will and the codicil thereto, the fund therein provided for 
the benefit of the Unitarian Society of said Winchendon 
and for the establishment and support of a school in said 
town, with all the powers and privileges requisite for Powers and 
carrying into full effect the provisions of said will and *^"''®^' 



286 



1886. — Chapter 314. 



May take and 
hold estate, etc. 



Proviso. 



School building 
may be used for 
a public school. 



Corporation 
may convey 
estate. 



Jurisdiction of 
tlie supreme 
judicial court 
not Impaired. 



codicil and all the powers, rights and privileges, and sub- 
ject to all the duties, restrictions and liabilities set forth 
in all general laws which now are or may hereafter be in 
force and applicable to such corporations, not inconsistent 
with the provisions of said will. 

Section 2. Said corporation is hereby authorized and 
empowered to take and hold for the purposes therein set 
forth all the estate bequeathed in trust by said will and 
codicil to the trustees herein named ; and may take and 
hold any other estate real or personal which may be ac- 
quired by said corporation by gift, devise, purchase or 
otherwise for the same purposes : provided., however^ that 
^the actual value of the estate by them held or possessed 
as aforesaid shall not at any one time exceed the amount 
of five hundrec^ thousand dollars. 

Section 3. Said corporation may permit the town of 
Winchendon to use for a public school kept under the 
restrictions and in accordance with the provisions of said 
will and codicil the school building which the said trust- 
ees have erected in said Winchendon and may devote the 
income under their control for school purposes to the sup- 
port in part or in whole of such school. 

Section 4. After the organization of the corporation 
created by this act, the trustees named in the said will and 
codicil of the said Ephraim Murdock, Jr., and now hold- 
ing under the appointment of the probate court within and 
for the county of Worcester are hereby authorized to con- 
vey the estate real and personal now in their possession or 
standing in their names as trustees as aforesaid or in the 
name of Ephraim Murdock, Jr., including all reversions 
and remainders after the life estates provided for by said 
will to said corporation ; and upon the allowance in said 
probate court of the accounts of said trustees to the date of 
said conveyance to said corporation, said trustees shall be 
discharged by said probate court. 

Section 5. Nothing in this act shall be construed to 
impair the jurisdiction of the supreme judicial court over 
the subject matter of the trust created by said will and 
codicil ; but said corporation shall in the execution of the 
purposes for which it is created, be held to have the same 
powers, and be subject to the same limitations in respect 
thereof which are applicable to said trustees by the provi- 
sions of said will and codicil. 



1886. — Chaptees 315, 316, 317. 287 

Section 6. Upon the deatU or resignation of any of ^,'^^^?,XdVy ''^ 
said incorporators their successors shall be appointed by ^^^^j^'j^"'''''*' 
the probate court within and for the county of Worcester. 

Section 7. Nothing in this act shall be construed as Taxation of 
exempting from taxation any of the property held in trust 
by this corporation excepting that held for educational 
purposes. 

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

Approved Jime 22, 1886. 

An Act to confirm certain acts done by george t. knox of (77i«79.315 

SAN FRANCISCO IN THE STATE OF CALIFORNIA AS COMMISSIONER 
FOR MASSACHUSETTS. 

Be it enacted, etc., as follows : 

Section 1. All acts done by George T. Knox, of San Acts confirmed. 
Francisco, in the state of California, as commissioner for 
this Commonwealth, within and for said state, between 
the nineteenth day of April in the year eighteen hundred 
and eighty-five and the twenty-second day of May in the 
year eighteen hundred and eighty-six, are hereby con- 
firmed and made valid to the same extent as if during that 
time he had been duly appointed and qualified to perform 
the duties of that oflice. 

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

Approved June 22, 1886. 

An Act to change the name of the American and Mexican CJiap.316 

PACIFIC railroad COMPANY. 

Be it enacted, etc., as follotvs : 

Section 1. The name of the American and Mexican Name changed. 
Pacific Railroad Company, incorporated under the general 
laws of the Commonwealth, is changed to the Texas, 
Topolobampo and Pacific Railroad and Telegraph Com- 
pany. 

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

Approved June 23, 1886. 



Chap.^ll 



An Act in relation to the inspection and sale of imitation 

BUTTER. 

Be it enacted, etc., as follows : 

Section 1. Section seventeen of chapter fifty-six of saie of imitation 
the Public Statutes is hereby amended so as to read as la^ted"*^^" 
follows: — Whoever, by himself or his agents, sells, ex- 



288 



1-886.— Chapter 317. 



Words to be 
marked upon 
package. 



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, — oleomar- 
garine, — then the word, — oleomargarine, — or if it is 
known as, — butterine, — then the word, — butterine, — 
stamped, labelled or marked in a straight line in printed 
letters of plain, uncondensed Gothic type, not less than 
one-half inch in length, so that said words cannot be easily 
defaced, upon the top, side and bottom of every tub, 
firkin, box or package containing any of said article, sub- 
stance or compound. The said stamp, label or mark shall 
contain no other words. And whoever, by himself or his 
agents, exposes or offers for sale any of the said article, 
substance or compound not in the original package, shall 
attach to the said article, substance or compound, in a 
conspicuous place a label bearing the words, — imitation 
butter, — oleomargarine, — or, — butterine, — as the arti- 
cle may be, in printed letters of plain, uncondensed Gothic 
type, not less than one-half inch in length. 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, — oleomargarine, 

— or, — butterine, — and no other words, in printed let- 
ters in a straight line of plain, uncondensed Gothic type, 
not less than one-half inch in length. 

Penalty for sale 

contrary to reg- i-nii-o . it i />ii 

uiations. the Public btatutcs IS amended so as to read as rollows : 

— Whoever sells, exposes for sale, or has in his posses- 
sion with intent to sell, any article, substance or compound 
made in imitation or semblance of butter or cheese, or as 
a substitute for butter or cheese, except as provided iii 
the two preceding sections, and whoever, with intent to 
deceive, defaces, erases, cancels or removes any mark, 
stamp, brand, label or wrapper provided for in said sec- 
tions, or in any manner shall falsely label, stamp or mark 
any box, tub, article or package marked, stamped or 
labelled as aforesaid, shall for every such offence forfeit 



Retail sales. 



Section 2. Section nineteen of chapter fifty-six of 



1886.— Chapter 317. 289 

to the city or town where the offence was committed one 
hundred dolhirs, and for a second and each subsequent 
offence two hundred doUars. 

Section 3. Whoever, by himself or his assents, sells, Penalty for false 

„ , , . •; . . •?! • i. i. i mark or label. 

exposes for sale, or has in his possession with intent to 
sell, any article, substance or compound, made in imita- 
tion or semblance of butter or as a substitute for butter, 
and not made exclusively and wholly of milk or cream, or 
containing any fats, oils or grease not produced from 
milk or cream, contained in any box, tub, article or pack- 
age, marked or labelled with the word, — dairy, — or the 
word, — creamery, — shall for every such offence forfeit 
to the city or town where the offence was committed one 
hundred dollars, and for a second and each subsequent 
offence two hundred dollars. 

Section 4. Every person who conveys any imitation Dealers to be 

. . • . licensed bv ttie 

butter, oleomargarine or butterine in carriages or other- inspectors of 
wise, for the purpose of selling the same in any city or ™''^' 
town, shall within thirty days of the passage of this act, 
and annually, on the first day of May, or within thirty 
da3's thereafter, be licensed by the inspector or inspectors 
of milk of such city or town to sell the same within the 
limits thereof, and shall pay to such inspector or inspect- 
ors fifty cents to the use of the city or town. The 
inspector or inspectors shall pay over monthly to the 
treasurer of such city or town all sums collected by him 
or them. In towns in which there is no inspector of ^Qspeofor the 
milk, licenses shall be issued by the town clerk. Licenses I'cense to be 

' "^ p ^ issued by town 

shall be issued only in the names of the owners of car- cierk. 
riages or other vehicles, and shall, for the purposes of 
this chapter, ])e conclusive evidence of ownership. No 
license shall be sold, assigned or transferred. Each 
license shall record the name, residence, place of business, 
number of carriages or other vehicles used, the name and 
residence of every driver or other person, engaged in 
carrying or selling imitation butter, oleomargarine or 
])utterine, and the number of the license. Each licensee Name, number 
shall before engaging in the sale of any of the articles as to be placed on 
aforesaid cause his name, the number of his license, and *'*'""*^®- 
his place of business to be legibly placed on each outer 
side of all carriages or vehicles used by him in the con- 
veyance and sale of the articles as aforesaid, in Gothic 
letters not less than one inch in length, and he shall report 
to the inspector or inspectors any change of driver or 



290 



1886. — Chapter 318. 



other person employed by him which may occur during 
Penalty. ^jjg term of his license. Whoever, without being first 

licensed under the provisions of this section, sells any of 
the said articles as aforesaid, or exposes or offers them 
for sale from carriages or other vehicles or has them in 
his custody or possession with intent so to sell, and who- 
ever violates any of the provisions of this section, shall, 
for a first offence, be punished by fine of not less than 
thirty nor more than one hundred dollars ; for a second 
offence, by fine of not less than fifty nor more than three 
hundred dollars. 

Section 5. Every person before selling or oflering for 
sale any of the said articles in a store, booth, stand or 
market-place in a city or in a town in which an inspector 
or inspectors of milk are appointed, shall within thirty 
days of the passage of this act, and annually, on the first 
day of May, or within thirty days thereafter, register in 
the books of such inspector or inspectors, or if there be no 
inspector then in the books of the town clerk, and shall 
pay to him or them fifty cents to the use of such city or 
Penalty, toAvn ; aud whocvcr neglects to so register shall be pun- 

ished for each offence by fine not exceeding twenty dollars. 
Section 6. This act shall take effect upon its passage. 

Approved June 23, 1886. 



Names to be 
registered in 
books of in- 
spectors before 
commencing 
sale. 



(7^05/9.318 An Act in relation to the inspection of milk. 

Be it enacted, etc., as foUoivs : 



Inspectors to 
keep a record 
of all persons 
engaged in sale 
of milk. 



May take sam- 
ples for analysis. 



Section 1. Section two of chapter fifty-seven of the 
Public Statutes is amended so as to read as follows : — 
Such inspectors shall keep an office, and shall record in 
books kept for the purpose the names and places of bus- 
iness of all persons engaged in the sale of milk within 
their city or town. Said inspectors may, with the ap- 
proval of the mayor or the selectmen, employ suitable 
persons to act as collectors of samples, who shall be sworn 
before entering upon their duties. Said inspectors, or the 
collectoi-s employed and qualified as aforesaid, 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 the collectors may take samples for analysis 
from all such places or carriages, and at the same time a 
portion of each sample so taken shall, if the person taking 
the same be requested so to do, be sealed and delivered 



1886. — Chapter 318. 291 

to the owner or person from whose possession the same 

is taken and a receipt given therefor to the person taking 

the same. The inspectors shall cause the samples of milk 

so taken to be analj'zed or otherwise satisfactorily tested, 

the results of which analysis or test they shall record and 

preserve as evidence. The inspectors shall receive such t!t)mpensation. 

compensation as the mayor and aldermen or selectmen 

ma}' determine. 

Section 2. Section five of chapter fifty-seven of the Penalties for 
Public Statutes is hereby amended so as to read as fol- atedmiik. 
lows : — Whoever, by himself or by his servant or agent, 
or as the servant or agent of an}^ other person, sells, ex- 
changes or delivers, or has in his custody or possession 
with intent to sell or exchange, or exposes or offers for 
sale or exchange, adulterated milk, or milk to which 
water or any foreign substance has been added, or milk 
produced from cows fed on the refuse of distilleries, or 
from sick or diseased cows, or milk not of good standard 
quality, shall, for a first offence, be punished by fine of 
not less than fifty nor more than two hundred dollars ; 
for a second ofience, by fine of not less than one hundred 
nor more than three hundred dollars, or by imprisonment 
in the house of correction for not less than thirty nor 
more than sixty days, and, for a subsequent offence, by 
fine of fifty dollars and by imprisonment in the house of 
correction for not less than sixty nor more than ninety 
days. Section nine of chapter tifty-seven of the Public 
Statutes is hereby amended so as to read as follows : — 
In all prosecutions under this chapter, if the milk is standard quai. 
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 act to be not of 
good standard quality, except during the months of May 
and June, when milk containing less than twelve per cent, 
of milk solids shall be deemed to be not of good standard 
quality. 

Section 3. If the said inspector or collector after a portion of the 
being so requested shall refuse or neglect to seal and de- analysis tobe^ 
liver to the owner or person from whose possession the requMt!*' "^""^ 
same is taken, as provided in section one of this act, a 
portion of the sample taken as aforesaid, no evidence shall 
be received in any court of the results of the analysis or 



292 1886. — Chapter 319. 

test of the same, which may have been recorded and pre- 
served as aforesaid. 
ushig'a counter- SECTION 4. Whocvcr makcs, uses or has in his pos- 
feitseai. scssion, any imitation or counterfeit of any seal used b}' 

any milk inspector or his agents and whoever changes or 
in any manner . tampers with any sample taken or sealed 
as provided in section one shall be punished by fine not 
exceeding fifty dollars or by imprisonment in the house of 
correction not exceeding ninety days. 

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

Approved June 23, 1886. 

Chap.319 An Act concerning the commitment and custody of insane 

PERSONS. 

Be it enacted, etc., as folloivs: 
Form of order SECTION 1. Evcrv oi'dcr Or Certificate for the commit- 

lor commitment. ^ . i ji • • n • 

ment of an insane person, under the provisions oi sections 
eleven and twelve of chapter eighty-seven of the Public 
Statutes, hereafter made by any of the judges therein 
mentioned, shall authorize the custody of the person 
therein named, either at the hospital or asylum to which 
he shall be first committed, or at some other hospital, 
asylum, private dwelling or other place to which said per- 
son may be transferred, if discharged without recovery 
to be^^i/'custod - ft'^cn the hospital or asylum named in the order. In case 
of authorities said iusauc pcrsoii shall be found to have a settlement in 

where he has '■ . {> ,\ • /-i ijIji /» 

settlement, after somc towu or City ot this (Jommoiiwcalth, the overseers ot 
disc arge. ^^^ poor iu the placc of his settlement shall have the legal 
custody of said person, after his discharge from the hospi- 
tal or asylum, but not previously, and may make pro- 
vision for his maintenance and treatment at such asylum, 
almshouse, private dwelling or other place, as they may 
see fit, subject to the provisions of this act. In case the 
said insane person shall have no known settlement in this 
Commonwealth, then the state board of lunacy and charity 
shall have the legal custody of said person after his dis- 
charge from the hospital or asylum, and may make pro- 
vision for his maintenance and treatment at any place 
within this Commonwealth, or elsewhere, which said board 
may deem suitable. 
settuJment" to be SECTION 2. All iiisaue pci'sous who are now resident 
in custody of at the state lunatic hospitals or other hospitals or asylums 
and charity. for the iusanc in this Commonwealth, if discharged there- 
from without recovery, shall be subject upon their dis- 



188G. — Chapter 320. 293 

charge to the control of the overseers of the poor in their 
places of settlement ; or if without known settlement, to 
the control and supervision of the state board of lunacy 
and charity, in the same manner as the persons mentioned 
in section one of this act : provided, however, that no in- Proviso. 
sane person having property sulficient to support him or 
friends able and willing to do so shall be subject to the 
control of the overseers of the poor as a pauper, or re- 
strained under their authority, except by a special decree 
of some court, for sufficient reasons which shall be men- 
tioned in the decree. 

Section 3. The overseers of the poor shall not com- Not to be de. 
mit to nor detain in any almshouse, private dwelling or house, elc, 
other place without remedial treatment, any insane per- diaKieLm^ni. 
son whose insanity has continued less than twelve months ; 
but all persons sutfering from recent insanity shall have 
the opportunity of medical treatment in some hospital or 
asylum, under the direction of a physician qualified ac- 
cording to the provisions of section thirteen of chapter 
eighty-seven of the Public Statutes, if they or their friends 
so desire. 

Section 4. The duties enjoined by this act upon the Board of direc 
overseers of the poor shall, in the city of Boston, be per- instituti(?nVto° 
formed by the board of directors for public institutions. '*'=*/° ^°^'°°- 

Section 5. This act shall take effect upon its passage Repeal. 
and all acts and parts of acts inconsistent herewith are 
hereby repealed. Approved June 23, 1886. 



Chap.S20 



An Act concerning sales of land by cities and towns for 

TAXES. 

Be it eyiacted, etc., as follows: 

Section 1. The collector of taxes for the time being collector to sen 
of a city or town shall sell the real estate required to be out vote of^'* 
sold by such city or town under the provisions of section *°^"" 
fifty-eight of chapter twelve of the Public Statutes, with- 
out any vote or other authority from such city or town 
beino^ required therefor, and he shall state in his notice of Minimum price 

11 /■ 1 1 I'll 1 Mil to be Stated in 

sale the amount tor not less than which the sale will be notice of sale, 
made. 

Section 2. If no person bids at such sale for said real 'r° ™?'^^^?P<^ .. 

. -, '- • t. ^ 1 • 1 T record aflidavit 

estate said amount or more, or it the person so bidding in registry of 
and to whom the estate is sold fails to pay to the collector not sold, etc. 
within ten days the sum offered by him for the estate, the 
collector shall make an affidavit before a justice of the 



294 



1886. — Chapter 321. 



To take poBses- 
sion in behalf of 
town. 



peace of the non-appearance of a purchaser or the failure 
of such bidder to pay the sum offered, and the same shall 
be recorded in the registry of deeds in the county or dis- 
trict where the land lies, within thirty days of the date at 
which the same was oflered for sale ; such affidavit, or a 
copy thereof duly certified by the register of deeds, shall 
be prima facie evidence of the facts therein stated. 

Section 3. After the recording of said affidavit, the 
collector, for and in behalf of the city or town, shall forth- 
with take possession of said real estate, and the city or 
town may make such regulations for the custody, man- 
agement and sale thereof as it deems best, and taxes shall 
be assessed thereon in the name of such city or town 
until such land shall be sold ; the said affidavit shall be 
placed in the custody of its treasurer, and such subsequent 
sale and the money received therefrom shall be had and 
held as provided in said section fifty-eight. 

Approved June 23, 1886. 

C/Jiap.S21 ^'^ -^CT TO PKOVIDE FOK THE CONSTKUCTION OF A NEW JAIL AND 
HOUSE OF CORRECTION IN FRANKLIN COUNTr. 

Be it enacted, etc., as follows : 

SECTiOiSr 1. The county commissioners of the county 
of Franklin are hereby authorized and required to erect a 
new jail and house of correction in Greenfield, in said 
county, and for said purpose may borrow, on the credit 
of the county, a sum not exceeding fifty thousand dollars. 
They may also sell the whole or any portion of the land 
and buildings now occupied by and used for the existing 
jail and house of correction, and may use the proceeds of 
said sale in carrying out the provisions of this act. 

Section 2. Said commissioners may purchase or take 
such land in said town of Greenfield as they shall consider 
necessary for carrying out the provisions of this act, but 
the land so purchased or taken shall not be less than 
twenty acres in extent, and shall be situated within two 
miles, in a direct line, of the court house in said town of 
Greenfield. 

Section 3. If said commissioners shall take land for 
said purpose, they shall, within sixty daj^s after such tak- 
ing, file for record in the registry of deeds for said county 
of Franklin a description of the land so taken, and a 
statement of the purpose for which it was taken, signed 
by said commissioners, or a major part of them, and the 



Jail and house 
of correction to 
be erected in 
Greenfield, and 
money may be 
borrowed for 
the purpose. 



May take land. 



To have re- 
corded in regis- 
try of deeds a 
description of 
the land taken. 



1886. — Chapter 322. 295 

title to such hind shall thereupon vest in said county of 
Franklin. 

Section 4. Said county commissioners shall estimate Eaumation and 
and determine all damages that may be sustained by any damages. 
person by the taking of land as aforesaid, but any person 
aggrieved by such determination of said commissioners 
may have his damages assessed by a jury of the superior 
court in the manner and on the conditions provided by 
law with respect to damages sustained by reason of the 
laying out of town ways. If, upon trial, the damages 
are increased beyond the amount fixed by the county com- 
missioners, the person in whose favor the award was made 
shall recover costs ; but if otherwise, he shall pay costs, 
and such costs shall be taxed as in civil cases. 

Section 5. Said county commissioners shall, within piane, etc., to 

• . -] /v J 1 1 ^ I • J? 1 1 x" be submitted to 

sixty days atter the purchase or takmg oi land as aiore- commissioners 
said, submit to the commissioners of prisons plans and apPJ^o^^^JJf^""^ 
specifications for the construction of said jail and house of 
correction, and they shall begin said construction within 
two months after the approval of said plans and specifica- 
tions by said commissioners of prisons. 

Section G. Chapter one hundred and seventeen of the Repeal. 
acts of the year eighteen hundred and eighty-four is 
hereby repealed, but said repeal shall not in any way 
afiiect the validity of any acts already done by said county 
commissioners under the provisions of said chapter. 

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

Approved June 23, 1886. 



An Act to amend section ninety-three of chapter one hun- 
dred AND FIFTY-SEVEN OF THE PUBLIC STATUTES RELATING TO 
MATTERS AVOIDING DISCHARGE IN INSOLVENCY. 



Chap.d22 



Be it enacted, etc., as foUoios : 

Section 1. Section ninety-three of chapter one hun- Amendment to 
dred and fifty-seven of the Public Statutes is hereby ^■^■^'"' ^^^' 
amended so that it shall read as follows ; — Section 93. 
A discharge shall not be granted, or valid, if the debtor Matters avoid- 
has wilfully sworn falsely as to any material fact in the Insoivlncy"!^^ '" 
course of the proceedings, or if he has fraudulently con- 
cealed any part of his estate or effects, or any books or 
writings relating thereto ; or has made any fraudulent 
payment, gift, transfer, conveyance or assignment of any 
part of his property, or spent any part thereof in gaming ; 



296 1886. — Chapter 323. 

Matters avoid- or if within six mouths before the filing of the petition by 
insolvency. or against him he has obtained on credit from any person 
any money, goods, chattels or other thing of value, with 
intent not to pay for the same, or has procured his lands, 
goods, money or chattels to be attached, sequestered or 
seized on execution ; or if he has destroyed, altered, mu- 
tilated or falsified any of his books, documents, papers, 
writings or securities, or has made or been privy to the 
making of any false or fraudulent entry in any book of 
account or other document with intent to defraud his 
' creditors ; or has removed himself or removed or caused 

to be removed any part of his property from the state 
with intent to defraud his creditors ; or if, having knowl- 
edge that a person has proved a false debt against his 
estate, he has not disclosed the same to his assignee 
within one month after such knowledge ; or if, being a 
merchant or tradesman, he has not kept proper books of 
account. And the discharge shall be null and void if the 
debtor or any person in his behalf has procured the assent 
of any creditor thereto by a pecuniary consideration. 
Section 2. This act shall take effect upon its passage. 

Approved June 23, 1886. 

Chap.^'2i^ An Act concerning sentences to the Massachusetts reforma- 
tory AND THE TERMS OF IMPRISONMENT THEREIN. 

Be it enacted, etc., as follows : 
Limit of sen- SECTION 1. Whcu a couvict is Sentenced to the Massa- 

tence not to be , , . . 

fixed, iiniess for chusetts reformatory, tlic court or trial justice imposmg 

years. ' thc seiitcnce shall not fix or limit the duration thereof, 

unless the term of said sentence shall be more than five 

years, but said convict shall merely be sentenced to the 

Massachusetts reformatory. 

Vagrants, etc., SECTION 2. Whoevcr is scutenccd to said reformatory 

may be held for ^ , , /• i • i i i 

two years. lor arunl<;enness, or for being a common drunkard, vaga- 
bond, a stubborn child, a vagrant, a tramp or an idle and 
disorderly person, may be held therein for a term not ex- 
ceeding two years. 

Terms of con- SECTION 3. Wliocvcr is scnteuced to Said reformatory 

finement for „ ,„ _ , , . . "^ 

other offences, f or aiiy oftencc cxccpt one of those named in section two 
of this act, may be held therein for a term not exceed- 
ing five years, or, if sentenced for a term longer than 
five years, he may be held therein for the term of said 
sentence. 



1886. — Chapter 324 . 297 



Provisions as to 



Section 4. The provisions of sections thirty-three and Jelealeof 



pris- 



thirt3'-fonr of chapter two hundred and fifty-five of the on^-s- 
acts of the year eighteen hundred and eighty-four, relative 
to the release of prisoners from said reformatory, shall be 
applicable in the cases of all persons sentenced to said 
reformatory as herein provided. 

Section 5. Anv male person convicted of an oifence Maybesen- 

.,,,,, ", j'ii ji • • lenced to re- 

punishable by imprisonment in the state prison, or in a formatoryfor 
jail or house of correction, may be sentenced to said abieTns^tatT 
Massachusetts reformatory as herein provided. pnson. 

Section 6. This act shall not be construed to prevent ^°e*°iPgu!s! 
the superintendent of said reformatory from receiving and prisoners. 
keeping prisoners sentenced thereto by any court of the 
United States for a fixed or limited term. 

Section 7. The provisions of section twenty of chap- Provisions of 
ter two hundred and twenty-two of the Public Statutes not to apply. ' 
shall not apply in cases of persons sentenced to the Massa- 
chusetts reformatory hereafter. 

Section 8. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. Approved June 24, 1886. 

An Act to authorize the city of salem to take certain tide- (77iar>.324 

WATER LANDS FOR STREETS AND FOR THE PRESERVATION OF THE 
PUBLIC HEALTH IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending Derby street I^Jr^xSIng'^^ 
and widening Lafayette street in the city of Salem, and and widening 

• 8tt'66t8 a.nQ for 

of abating and preventing any nuisance which now exists, abatement of 

or which may result from such extension or widening, in ""'*^"'''*- 

the South river in said city, or in Bowker's dock, so called, 

on the easterly side of said Lafayette street, the said city 

may, from time to time, acquire by purchase or take any 

or all of the lands and flats lying in said river between 

said Lafayette street and Washington street, or lying in 

said dock, and so much of the lands and flats lying in said 

river easterly of said Lafayette street, as maybe necessary 

or convenient for the extension and widening aforesaid, or 

as may lie northerly of said Derby street when extended. 

Section 2. The said city shall file from time to time to have re- 
in the registry of deeds for the southern district of the ti°y of deldsT" 
county of Essex, and cause to be recorded therein, a fhriandsret"^, 
description of any lands or flats taken as aforesaid, as cer- "*^®°- 
tain as is required in an ordinary conveyance of land, with 



298 1886. — Chapter 324. 

a statement signed by the mayor of said city that the 

same are taken in the name and behalf of said city under 

the provisions of this act ; and the act and time of the 

tiling thereof shall be deemed to be the act and time of 

the taking of such lands or flats, and to be sufficient 

notice to all persons that the same have been so taken. 

^aS to°ve^8Un ^hc title to all lands and flats so taken shall vest abso- 

thecity. lutcly in Said city and its assigns forever. 

Settlement of SECTION 3. The Said city shall have full power to 

damages. , . ^ , , ^'- ^ 

settle by agreement or arbitration the amount oi damages 
sustained by any person in his property by reason of the 
taking of any lands or flats as aforesaid ; and, if not so 
settled, the same may be assessed by a jury at the bar of 
the superior court for said county of Essex, upon petition 
to be filed by such person at any time within one year 
after such taking, and not afterwards. The provisions of 
sections sixty-tive, sixty-six and seventy-six of chapter one 
hundred and sixty-seven of the Public Statutes shall apply 
to any such proceeding ; and the rights of persons having 
diflerent, separate or contingent interests or estates in any 
parcel of lands or flats so taken, shall be the same, in re- 
spect to the disposition of the damages agreed upon or 
awarded as aforesaid, as are provided by law in respect to 
damages for land taken for highways. 
May fill and im- Section 4. The Said city may from time to time fill 

prove lands, etc. ., • ^ ^ j-i t ^ • • ^ ^ 

With suitable material and otherwise improve any lands 
and flats acquired or taken as aforesaid, or any portion 
thereof, and shall abate any nuisance existing or arising 
thereon, and may lay out and extend said Derby street 
and widen said Lafayette street upon and over the same 
May dispose of and across said South river, and may sell and convey, or 

land not needed ,1 • t t^ i- /••iii lUi. 

for public uses, othcrwisc dispose or any portions ot said lands and flats 

not required for public uses. 
?f dTaw'ir"*^^ Section 5. After the said city has acquired or taken 
bridge. as aforesaid all the lands and flats in said South river be- 

tween said Lafayette and Washington streets which when 
flowed by water atford access to or are used for laying 
vessels at existing wharves, said city may discontinue the 
draw in the bridge by which said Lafayette street crosses 
said river; and, after said city has so acquired or taken 
all such lands and flats between said Derby street extended 
and said Washington street, it may construct and main- 
tain without a draw the bridge by which said Derby street 
shall cross said river. 



1886. — Chapter 325. 299 

Section 6. All things done under the authority of su^J^^/^V^^s. 
this act in and over tide-water, shall be subject to the i^- 
provisions of chapter nineteen of the Public Statutes. 

Section 7. This act shall take effect when accepted ^^^i^^Jl^^'-n^ 
by the city council of said city. Approved June 24^ 1886. council. 

An Act to supply the town of marblehead with water. Chcip.S25 
Be it enacted, etc., as folloics : 

Section 1. The town of Marblehead may supply it- J^^V^' fVPP'y 

. '' . t for Marblehead. 

sell and its inhabitants with water for the extinguishment 
of tires and for domestic and other purposes ; may estab- 
lish fountains and hydrants, relocate 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, ^^fer^^^xce t 
may take, by purchase or otherwise, and hold the waters ofPutnam 
of any ponds, streams, springs or other water sources, 
with the streams and springs tributary thereto, in said 
town and any water rights connected therewith, except- 
ing the waters of Putnam brook and its tributaries, and 
may also take by purchase or otherwise and hold all 
lands, rights of way and easements, necessary for holding 
and preserving such water, and for conveying the same 
to any part of said town of Marblehead, and may erect on 
the land thus taken or held proper dams, buildings, fix- 
tures and other structures; and may make excavations, M^.y make exca- 

d. I . 1 • 1 1 j^i vations, con- 

operate machinery, and provide such other struct and lay 

means and appliances as may be necessary for the estab- et"!"" *^°"'^""*' 
lishment and maintenance of complete and effective water 
works ; and may construct and lay down conduits, pipes 
and other works, under or over any lands, water courses, 
railroads or public or private ways, and along any such 
way in such manner as not unnecessarily to obstruct 
the 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 select- 
men 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 To have re- 
after the taking of any lands, rights of way, water rights, registry of deeds 
water sources or easements as aforesaid, otherwise than fheTa'nTtaken.^ 



300 



1886. — Chaptee 325. 



Town to pay 
damages sus- 
tained. 



No application 
to be made for 
damages until 
water is actually 
withdrawn. 



Town of Mar- 
blehead Water 
Loan, not to ex- 
ceed $100,000. 



May sell securi- 
ties or pledge 
the same for 
money bor- 
rowed. 
Sinking fund. 



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 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, 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 in- 
jury, 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 thousand dollars ; such bonds, 
notes and scrip shall ])ear on their face the words Town 
of Marblehead Water Loan ; shall be payable at the ex- 
piration 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 coun- 
tersigned by the water commissioners hereinafter pro- 
vided for. The said town may sell such securities at pub- 
lic or private sale, or pledge the same for money borrowed 
for the purposes of this act, upon such terms and condi- 
tions as it may deem proper. The said town, unless it 
avails itself of the provisions of section six, 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 



1886. — Chaptek 325. 301 

the principal of said loan at maturity. The said sinking 
funcl slitiU 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 pay in an- 
sinking fund, ma}^ at the time of authorizing said loan, uomvfJp^y- 
provide for the payment thereof in such annual propor- e" tawishing"*^ °^ 
tionate payments as will extinguish the same within the f""<^- 
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 
of chapter eleven of the Public Statutes shall state the the sinking 
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 Toannuaiiy 
taxation a sum which, with the income derived from the ti'oTsuffleient to 
water rates, will be sufficient to pay the current annual peLes'and'in^' 
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 9. Whoever wilfully or wantonly corrupts, penalty for cor- 
pollutes or diverts any of the waters taken or held orfo'rfnjIiHng 
under this act, or injures any structure, work or other P''ope"y- 
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 wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 10. The said town shall, after its acceptance Board of water 
of this act, at a legal meeting called for the purpose, elect to^eefected." 
by ballot three persons to hold office, one until the expi- 
ration of three years, one until the expiration of two 



302 



1886. — Chapter 326. 



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. 

Sectiox 11. This act shall take effect upon its ac- 
two-third8''vote. ccptaucc 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 24, 1886. 



To be trustees 
of the sinking 
fund. 



Vacancies in 
board. 



Subject to ac- 
ceptance by a 



OAO?9.326 ^'^ ^CT LIMITING THE AMERICAN BELL TELEPHONE COMPANY IN 
HOLDING STOCK IN CERTAIN CORPORATIONS. 



Amount of stock 
which may be 
held in other 
corporations, 
limited. 



Repeal. 



Be it enacted, etc., asfolloios: 

Section 1. Section two of chapter one hundred and 
seventeen of the acts of the year eighteen hundred and 
eighty is hereby amended by inserting after the word 
" others " in the fifth line thereof, the words : — provided^ 
that said corporation shall not become a stockholder in 
any other corporation to an amount exceeding thirty per 
cent, of the capital stock of such other corporation ; pro- 
vided, also, that nothing herein contained shall prevent 
the said corporation from taking and paying for its pro- 
portionate share of any future increase in the capital stock 
of a company in which it is at present a shareholder of 
record if such increase shall be paid in, in full, in cash. 

Section 2. Chapter two hundred of the acts of the 
year eighteen hundred and eighty-three and all acts or 
parts of acts inconsistent herewith are hereby repealed. 

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

Approved June 24, 1886. 



1886. — Chapter 327. 303 



An Act to authorize the iNCOKrouATiON of the winthkop C/h(Xp.^'2iJ 

ELECTRIC STREET RAILWAY COMPANY. 

Be it enacted, etc., as follotvs : 

Section 1. Erastus H. Doolittle, John A. Enos, P. tHc"8tr''e?tRlm- 
S. Maco'owan, C. A. E. Ewino;, Walter Lawton, S. A. way may 

_ _ _ " uBcornc & COT- 

Freeman and Thomas N. Dwyer, their associates and poratiun. 
successors, may associate and become a corporation under 
the name of the Winthrop Electric Street Railway Com- 
pany in the manner provided by chapter one hundred and 
thirteen of the Public Statutes and acts in addition thereto, 
subject to all the duties, restrictions and liabilities con- 
tained therein, so far as the same can be applied thereto, 
except those parts referring to the gauge of the road, the 
amount of its capital stock, and the manner of paying in 
the same with power to build, and maintain and operate 
by electricity an elevated railway from a point at or near 
Winthrop junction in that part of East Boston in the city 
of Boston known as Breed's island, on the easterly side of 
the Boston, Revere Beach and Lynn railroad and Point 
Shirley, so called, in the town of Winthrop. For the To be deemed a 
purpose of applying said provisions of said chapter one cOTp^oraUonfor 
hundred and thirteen to the corporation hereby authorized poggg" p"""" 
it shall be deemed a street railway corporation. 

Section 2. The amount of its capital stock shall not capital stock. 
be less than thirty thousand dollars for each mile of road. 
Not less than ten per cent, of said stock shall be paid in 
before a certificate of incorporation is issued, and the 
whole capital stock shall be paid in in cash before the con- 
struction of the road shall be commenced. 

Section 3. Locations for tracks shall be petitioned J;°e^g°"°^ 
for between the points named in section one of this act, 
and after fourteen days' notice, of which notice a copy shall 
be left with the owner or occupant of each estate on the 
line of the proposed location, seven days before the hear- 
ing, a hearing shall be had before the board of aldermen 
of the city or the selectmen of the town in which the loca- 
tion is asked, as provided in section seven of said chapter 
one hundred and thirteen, and after such hearing the 
board of aldermen or selectmen may refuse the location 
asked for, or grant the same, in whole or in part, under 
such restrictions as they shall deem the public interests 
require, and the board of aldermen or selectmen may, on 
like notice and hearing, revoke any location after the 



304 



1886. — Chapter 327. 



Structures to be 
removed if loca- 
tion ia revoked. 



Location in 
Boston not to be 
petitioned for, 
until one mile of 
track has been 
built, etc. 



To be built ac- 
cording to plans, 
etc., ot John A. 

Enos. 



Plans to be filed 
with the secre- 
tary of the Com- 
monwealth. 



Certain provis- 
ions of law to 
apply. 



May take land. 



Assessment of 



expiration of one year from the granting of the same, if, 
in their judgment, the public interests so require, and in 
case of such revocation may require the structures of the 
company to be removed and the location to be restored to 
its original condition at the expense of the corporation, in 
the same manner and with like requirements as in the rev- 
ocation of locations for street railways under sections 
twenty-three, twenty-four, twenty-five and twenty-six of 
said chapter one hundred and thirteen. 

Section 4. No location for tracks shall be petitioned 
for in the city of Boston until at least one mile of the 
road has been built and operated, nor until the safety and 
strensjth of the structure and the rolling stock and motive 
power shall have been examined and approved by the 
board of railroad commissioners or by a competent en- 
gineer to be appointed by them, and to be paid by said 
corporation a price fixed by said board. 

Section 5. The Winthrop electric street railway shall 
not be built after the manner of the New York elevated 
railways, but shall be built according to the plans, methods 
and inventions of John A. Enos, a copy of which shall be 
filed with the secretary of state within sixty days of the 
passage of this act; and upon granting a location, the 
board of aldermen and selectmen shall prescribe the 
height at which the lowest part of the girder shall be above 
the ground. 

Section 6. The provisions of sections thirteen and 
fourteen of chapter one hundred and thirteen, and sections 
thirty-eight to fortj' inclusive, and sections forty-three to 
forty-five inclusive, of chapter one hundred and twelve of 
the Public Statutes, and of chapter two hundred and sixty- 
five of the acts of eighteen hundred and eighty-two, shall 
apply to said corporation. The corporation may take, in 
the manner prescribed in sections ninety-one to ninety- 
three inclusive, of chapter one hundred and twelve of the 
Public Statutes, as much land as may be necessary for the 
proper construction and security of the road, or as may 
be necessary for depot and station purposes. 

Section 7. The owner of any property taken for such 
railway, or of any property abutting on streets through 
which said railway may pass, not so taken, in any manner 
injuriously afi'ected or lessened in value, whether by 
smoke, noise, obstruction of light, air or access, disturb- 
ance of quiet enjoyment or otherwise, by the construction, 



1886. — Chapter 327. 305 

maintenance or operation of said railway, may petition for 
assessment of his damages, and his petition shall be heard 
and determined in the same manner and with like effect 
as now provided by law when real estate is taken for 
public hishwavs. But said corporation shall not acquire Not to ncquire 

•*■ ~ title until dam- 

title to any land, nor enter upon any street, until all ages are paid or 

damages to the owners of land and abutters on any part of ^'"^^^'"- • 

a street occupied, or to be occupied, by its structure have 

been paid or secured in a manner satisfactory to the owner, 

or to be fixed by the superior court or any justice thereof, 

sitting in equity for the county where the land lies, upon 

the petition of either party and summary hearing. And 

the erection of the structures authorized by this act in any - 

street shall be deemed a new servitude, for which damages 

may be claimed by any owner of land having a fee or an 

easement appendant or appurtenant to his land, in, on or 

over such street, or by any tenant of such owner. But 

all persons vclaiming interests in the same estate shall join 

in one petition. And such petition for damages on any Petition for 

street shall be filed before the expiration of one year after aireefto he mei 

the structures authorized by this act are built or operated wnhm one year. 

in that part of such street contiguous to the petitioner's. 

Sectiox 8. The damages and costs recoverable by the Damages and 

,•■• • .1 "> 1 • 1 1' • 1 1 costs to be a 

persons petitioning theretor, as hereinberore provided, first lien on 
shall become and be a first lien without priority to any of P'''^P'^'"'^y- 
said petitioners as among themselves, on all the property 
of the said corporation, having priority of payment in full, 
except over debts and taxes due to or assessed by the 
United States or the Commonwealth, or any county, city 
or town in the Commonwealth ; said lien may be enforced 
for damages and costs, in equity. If any damages recov- 
ered against said corporation, other than damages recovered 
by owners of land and abutters on any part of a street 
occupied by any structure of said corporation, or their 
tenants, as such owners, abutters or tenants, remain unpaid 
for thirty days after final judgment therefor, the superior 
court may, by injunction or other suitable process in 
equity, prohibit and restrain the corporation from con- 
tinuing the operation of said road, or maintaining any 
structure in any place or manner injurious to the person 
applying for such relief. 

Section 9. Whenever said corporation shall make surface of 
any excavation in or near any public highway, or shall rlst^redai'soon 
set any foundation, pier or post, in or near the same, the as practicable. 



306 1886. — Chapter 328. ' 

•» surface of the street, sidewalk or other ground shall be 

restored, as soon as practicable, to the condition it was in 
before the excavation was made, as near as may be ; and 

Pipes and drains no interference shall be had with, or change made in, 

not to be inter- . . t . i i 

fered with. Water or gas mams or pipes, sewers, drains or other sub- 
terranean works, except with the concurrence of the 
board of aldermen first had and obtained, and upon con- 
dition that the same shall be immediately restored to a 
serviceable condition, as good as before the change or 
disturbance, and at the sole cost and expense of said cor- 
poration. And the superior court in equity may summa- 
rily enforce the provisions of this section by iuj unction or 
other appropriate remedy. 
Pro^visiwis^o^f ^^ • Section 10. The provisions of section three of chap- 
appiy- ' ' ter one hundred and five of the Public Statutes shall 
apply to the corporation hereby authorized. 

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

Approved June 24, 1886. 

Ch(ip.32.S -^^ ■^^'^ PROVIDING FOR THE PUNISHMENT OF EMBEZZLEMENT OF 
PROPERTY OF VOLUNTARY ASSOCIATIONS. 

Be it enacted, etc., asfoUoivs: 

^f^^provlt^^of a Section 1. Whoever embezzles or fraudulently con- 
voiuntary asso- vcrts to his own usc or secretes with intent to embezzle or 

cialion deemed p n i .1 j j 1 • i 

simple larceny, iraudulentiy couvcrt to his own use, money, goods or 
property delivered to him or any part thereof which may 
be the subject of larceny and belonging to any organization 
of the volunteer militia, post of the grand army of the 
republic, or other voluntary association, shall be deemed 
guilty of simple larceny. 
Name by which SECTION 2. lu prosccutious undcr this act it shall be 
known to be sufiicicut to dcscribe such organization or association by 
BcrfpTit."'. ^ the name by which it is generally known and as a volun- 
tary association. 
Being atnember SECTION 3. It shall bc no dcfcncc to auv complaint or 

of association , ■.. ■, ,. i-i-i' 

not to be de- indictmeut uudcr this act that the person charged with 
such embezzlement, fraudulent conversion or concealment 
was a member of such organization or voluntary association 
and as such entitled to an interest in the property thereof. 

Penalty. SECTION 4. Whocvcr is fouud guilty of violating any 

of the provisions of this act shall be punished as provided 
in section twenty of chapter two hundred and three of the 
Public Statutes. 

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

Approved June 23, 1886. 



188G. — Chapter 329. 307 



An Act to punish the crime of seduction and other acts of ni^nr) 329 

UNLAWFUL SEXUAL INTERCOURSE. ^' 

Be it enacted, etc., asfoUoius: 

Section 1. Section tvvo of chapter two hundred and fed"uciu,n°'" 
seven of the Public Statutes is hereby amended so as to 
read as follows: — Whoever fraudulently and deceitfully 
entices or takes away an unmarried woman of a chaste life 
and conversation from her father's house or wherever else 
she may.be found, for the purpose of prostitution or for 
the purpose of unlawful sexual intercourse at a house of 
ill-fame or assignation or elsewhere and whoever aids and 
assists in such abduction for such purpose shall be pun- 
ished by imprisonment in the state prison not exceeding 
three years or in the common jail not exceeding one year 
or by fine not exceeding one thousand dollars or by both 
fine and imprisonment in the jail. 

Section 2. AVhoever applies, administers to or causes Penalty for ad- 
to be taken by any woman or girl any drug, matter or "rug^wUMn- 
thing with intent to stupefy or overpower so as thereby to ^ent, etc. 
enable any person to have unlawful carnal knowledge of 
such woman or girl shall be punished by imprisonment in 
the state prison, common jail or house of correction not 
exceeding three years or by fine not exceeding one thou- 
sand dollars or by both fine and imprisonment in the jail 
or house of correction. 

Section 3. Whoever induces any person under the Penalty for un- 
age of eighteen years of chaste life and conversation to course wuh 
have unlawful sexual intercourse shall be punished by im- ^YMTen"ears 
prisonment in the state prison, common jail or house of 
correction not exceeding three years or by fine not ex- 
ceeding one thousand dollars or by both fine and imprison- 
ment in the jail or house of correction. 

Section 4. Whoever unlawfully and carnally knows Penalty for in- 
any female idiot or imbecile woman or girl under circum- femai^e'^i'dirt!* 
stances that do not constitute the crime of rape such person 
having reasonable cause to believe that such woman or 
girl was an idiot or imbecile shall be punished by im- 
prisonment in the state prison, common jail or house of 
correction not exceeding three years or by fine not ex- 
ceeding one thousand dollars or by both fine and imprison- 
ment in the jail or house of correction. 

Section 5. Whoever being the owner of any premises Penalty on 
or having or assisting in the management or control there- rsls^etc. ^"^^^ 



308 



1886. — Chapter 330. 



More than one 
•witneBB required 
unless corrobo- 
rated. 



Time for prose- 
cution limited. 



of induces or knowingly suffers any girl under the age of 
twenty-one years to resort to or be in or upon the premises 
for the purpose of being unlawfully and carnally known 
by any person or persons shall be punished by imprison- 
ment in the state prison, common jail or house of correc- 
tion not exceeding three years or by fine not exceeding 
one thousand dollars or by both fine and imprisonment in 
the jail or house of correction. 

Section 6. No person shall be convicted under this 
act upon the evidence of one witness only, unless such 
witness be corroborated in some material particular. 

Section 7. No prosecution under this act shall be 
commenced more than one year after the commission of 
the offence. Approved June 25, 1886. 



Chdp.i^SO ^^ ■^^'^ RELATING TO INDIGENT AND NEGLECTED CHILDREN. 

Be it enacted, etc., as follows: 



Amendment to 
1882, 181, § 3. 



Summons to be 
iesued to 
parents. 



If no parents, 
summons to be 
issued to 
guardian. 



Section 1. Section three of chapter one hundred and 
eighty-one of the acts of the year eighteen hundred and 
eighty-two is hereby amended by inserting after the word 
" magistrate " in the second line of said section the fol- 
lowing words, viz. : — After due complaint setting forth 
the facts relied upon and a hearing thereon. 

Section 2. When any indigent or neglected child is 
brought on such complaint before any court or magis- 
trate a summons shall be issued requiring the person to 
whom such summons is directed to appear at the time and 
place stated in the summons and show cause if any there 
be why such child should not be committed in accordance 
with the provisions of section three of said chapter one hun- 
dred and eighty-one. Such summons shall be directed to the 
father of the child if living and resident within the Com- 
monwealth, and if not then to the mother of the child if 
living and resident within the Commonwealth ; if there 
be no parent living and resident such summons shall be 
directed to the legal guardian, if one there be, of such 
child, and if there be none, then to the person with whom 
according to the statement of such child, which shall be re- 
ceived, such child resides. If there be no such person 
the court or magistrate before whom such child is brought 
may appoint some suitable person to act in behalf of such 
child, and a notice of the hearing shall be sent by such 
court or magistrate to the state board of lunacy and 



1886. — Chapter 331. 309 

charity. The child, parent, guardian or person appear- 
ing in behalf of such child, and the state board of lunacy 
and charity shall have the right of appeal from the finding 
or decision of said court or magistrate to the superior 
court of the county within which said hearing is held, 
and if upon appeal, said child, parent, guardian or person 
appearing on behalf of such child shall fail or be unable 
to furnish such bail as may be required by the court or 
magistrate before whom such hearing is held, such child S^l'^^^^^^^l". 

Y , f5 ' custoay of state 

shall be committed to the custody of the state board of i^oard during 
lunacy and charity pending the determination of such appeal. 
appeal. 

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

Approved June 25, 1886. 

An Act to establish a system of sewage disposal for the (l]icir),^'X\ 

CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester shall, without sewage disposal 

, . T . 1 • t . , . « for the City of 

being limited to any particular system, within four Worcester. 
years after the passage of this act, remove from its 
sewage, before it is discharged into the Blackstone River, 
the offensive and polluting properties and substances 
therein, so that after its discharge into said river, either 
directly or through its tributaries, it shall not create a 
nuisance or endanger the public health. Said city shall May take lands. 
have full power to take by purchase or otherwise, any 
lands, water rights, water privileges, rights of way or 
easements in said city of Worcester, or in the town of 
Millbury, necessary for the establishment of such system 
of sewage disposal. 

Section 2. When any lands, water rights or water To have re. 

• •! -Lii? * i. Ai • corded iu the 

privileges, rights oi way or easements are so taken, in registry of deeds 
any manner other than by purchase, said city shall, within uitTand'^iaketr.^ 
thirty days after such taking, file in the Worcester dis- 
trict registry of deeds for the county of Worcester, and 
cause to be recorded therein, a description of the same 
as certain as is required in a common conveyance of land, 
with a statement of the purpose for which the same is 
taken, and thereupon the water rights, water privileges, 
rights of way, easements and the fee of land shall vest in 
said city. The city of Worcester shall pay all damages Payment of 
that shall be sustained by any person or corporation by '^^'^^ses. 



310 1886. — Chapter 332. 

reason of such taking. Any person or corporation sus- 
taining damages as aforesaid, who f^ils to agree with said 
city as to the amount of damages sustained, may have the 
damages assessed and determined by a jury, on petition to 
the superior court for the county of Worcester on appli- 
cation at any time within the period of three years from 
the taking of such land or other property or the doing of 
injury under the authority of this act. 
May raise Section 3. Said city is hereby authorized to raise 

money suflicient . . , ^ , , 

to carry out and appropriate, in such manner as its city government 
provisions, gfj^H determine, such sums of money as shall be required 

by said city to carry out the provisions of this act. 
Supreme judi- SECTION 4. The suprcme iudicial court, or any iustice 

cial court to i u ^ •/ «/ 

have jurisdiction thereof, shall liave jurisdiction in equity to enforce the 
inequity. provisious of this act, by injunction, or by any other 

appropriate equitable remedy, on complaint of the select- 
men of any town, in the county of Worcester, situate on 
the Blackstone river. 
waiVe^daiZof Section 5. Nothing in this act, nor the compliance 
state''^'''"*"^^ ^^^^ ^^^ provisions by the city of Worcester, shall be 
construed as an estoppel or waiver of any claims that 
the city might otherwise legally or equitably make upon 
the Commonwealth for compensation or relief or assist- 
ance because of injury suffered or of benefits directly or 
indirectly conferred by said city upon the Commonwealth 
resulting from the action hereby required. 

Ajjproved June 25, 1886. 

CJl(ip.332i An Act to authorize the governor and council to employ 

COUNSEL TO ASSIST IN THE DEFENCE OF ACTIONS BROUGHT TO 
RECOVER NATIONAL BANK TAXES PAID TO A CITY OR TOWN. 

Be it enacted, etc., as follows : 

Fen"e*of iction "^^^ govcmor may with the approval of the council 
against town, emoloy couuscl to assist in the defence in any action 

6tc* foi' rccov- L */ •/ 

eiy of banii tax which may be brought against any city or town in the 

pai , etc. Commonwealth to recover a national bank tax paid to 

such city or town. Such counsel shall be paid such sum 

from the state treasury as the governor and council may 

approve. Approved June 23, 1SS6. 



1886. — CiiAPTEKS 333, 334, 335. 311 



An Act to pbovide a clerk for the district court of south- Chop.'do'd 

ERN BERKSHIRE. 

Be it enacted, etc., as follows: 

Section 1. There shall be appointed and commis- cierktobe 

Til 11 /• ii T i • i. i. V appointed. 

sioned by the governor a clerk ot the district court ot 
southern Berkshire who shall perform all the services 
required by law of the clerks of like courts in this Com- 
monwealth. 

Section 2. Said clerk shall receive from the county satery&fcierk. 
of Berkshire an annual salary of two hundred dollars. 

Section 3. This act shall take effect so far as the when to take 
appointing, commissioning and qualifying of said clerk 
is concerned upon its passage, and shall take full effect 
upon the first day of August next. 

Approved June 25, 7S86. 



Chap.d34: 



An Act establishing the salaries of the clerks in the de- 
partment OF the treasurer and receiver-general. 

Be it enacted, etc. , as follows : 

Section 1. The salary of the first clerk in the salaries of 
department of the treasurer and receiver-general shall 
be twenty-five hundred dollars a year, the salary of the 
second clerk two thousand dollars a year, the salary of 
the cashier two thousand dollars a year, the salary of 
the third clerk fourteen hundred dollars a year, the salary 
of the fund clerk fourteen hundred dollars a year, the 
salary of the receiving teller fourteen hundred dollars 
a year, and the salary of the paying teller twelve hun- 
dred dollars a year. 

Section 2. All acts or parts of acts inconsistent with Repeal. 
this act are hereby repealed. 

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

Approved June 25, 1886. 



Chap.d35 



An Act to incorporate the konkapot valley railroad 

COMPANY. 

Be it enacted, etc., asfollotvs: 

Section 1. Robert L. Taft, Charles Adsit, Lorrin P. ^°"Soal''^' 
Keyes, and their associates and successors, are hereby compaiiy in«or- 
made a corporation by the name of the Konkapot Valley 
Railroad Company ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set 



312 



1886. — Chapter 336. 



May construct 
and operate 
a railroad. 



Capital Btock 
and shares. 



May mortgage 
road and fran- 
chise. 



May make con- 
tracts with con- 
necting rail- 
roads. 



To be located 
within two 
years and con- 
structed within 
four years. 



CA«p.336 



Water supply 
for the village 
of Mansfield. 



forth in the general laws which now are or hereafter may 
be in force relating to railroad corporations. 

Section 2. Said corporation may locate, construct, 
maintain and operate a railroad, with one or more tracks, 
from some convenient point in or near the village of Mill 
River, in the town of New Marlborough, thence running 
southerly along the valley of the Konkapot river, through 
said town, to the line of the state of Connecticut. 

Section 3. The capital stock of said corporation shall 
not exceed one hundred and fifty thousand dollars, nor be 
less than fifty thousand dollars, divided into shares of one 
hundred dollars each. 

Section 4. For the purpose of locating, constructing 
or equipping said railroad, said company may mortgage 
its road, equipment and franchise to any amount not ex- 
ceeding ten thousand dollars per mile for every mile 
of its road-bed hereby authorized to be located and con- 
structed. Said mortgage shall be given to secure the bonds 
of said railroad, which shall be issued in conformity with 
the provisions of chapter one hundred and twelve of 
the Public Statutes. 

Section 5. The said railroad company is hereby au- 
thorized to make with the Housatonic Railroad Company, 
a corporation existing under the laws of the state of 
Connecticut, and its successors, or with any other railroad 
corporation whose railroad now or hereafter shall con- 
nect with said Konkapot valley railroad, as hereafter 
located, such leases or operating contracts as the directors 
of each corporation may agree to, and as may be 
approved by a majority of the stockholders of each at a 
meeting duly called for the purpose. 

Section 6. This act shall take effect upon its passage, 
and shall be void unless said railroad is located within two 
years, and constructed within four years after the passage 
hereof. Approved June 28, 1886. 

An Act to supply the village of mansfield with water. 
Be it enacted, etc., as follows: 

Section 1. The inhabitants of the village of Mans- 
field in the county of Bristol, liable to taxation in the 
town of Mansfield and residing within the territory 
enclosed by the following boundary lines, viz. : beginning 
at the intersection of the Boston and Providence railroad 
with the Foxboroush town line : thence in a straight line 



1886. — Chapter 336. 313 

and southerly direction to a point on the Old Colony rail- 
road one mile southeasterly from the intersection of said 
railroad with North Main street ; thence in a westerly 
direction and by a straight line to a point on the Boston 
and Providence railroad one mile southeasterly from the 
intersection of said railroad with Central street ; thence 
by said Boston and Providence railroad northeasterly to 
said intersection with Central street ; then in a north- 
westerly direction and by a straight line to the intersec- 
tion of Chauncy street with the Foxborough town line ; 
thence in an easterly direction by said town line to the 
starting point first named, shall constitute a water district 
and are made a body corporate by the name of the Mans- Mansfiew 
field "Water Supply District, for the purpose of supplying Dutricu"''^'^ 
themselves with water for the extinguishment of fires and 
for domestic and other purposes, with power to establish 
fountains and hydrants, relocate or discontinue the same 
and to take and hold property by purchase or otherwise 
for the purposes mentioned in this act, and to prosecute 
and defend in all actions relating to the property and 
affairs of the district. 

Section 2. Said water supply district for the purpose May take cer- 
aforesaid may take by purchase or otherwise and hold the canoe and Rum- 
waters of the Canoe river above Pratt street in the town ^*""'^"^^"- 
of Mansfield and the waters of the Rumford river above 
the Old Colony railroad in said town or the waters of any 
springs or other sources on the water sheds of said rivers 
above said points, with the water rights and water sources 
connected therewith. Said district may also take by pur- 
chase or otherwise and hold all lands in the towns of 
Mansfield and Foxborough necessary for taking, holding 
and preserving such waters and conveying the same to 
and through any and all parts of the said Mansfield water 
supply district and elsewhere in the town of Mansfield as 
hereinafter mentioned, and said district may erect and f^Z^^^nd^^y^ 
construct on the lands thus taken or held, proper dams, downconduus. 
buildings, fixtures and other structures, and may make 
excavations, and procure and run machinery therefor with 
such other means and appliances as may be necessary for 
complete and effective water works ; and for that purpose 
may construct, lay down and maintain aqueducts, conduits, 
pipes and other works under or over any lands, water 
courses, roads, railroads or other ways, and along any 
street, highway or other way in said towns of Mansfield 



314 



1886. — Chapter 336. 



May dig up 
lauds. 



Proviso. 



To have re- 
corded in regis- 
try of deeds a 
description of 
land, etc., 
talien. 



Payment of 



No application 
to be made for 
damages until 
water is di- 
verted. 



and Foxborough in such manner as when completed shall 
not unnecessarily obstruct the same ; and for the purpose 
of constructing, laying down, maintaining and repairing 
such aqueducts, conduits, pipes and other works, and for 
all other purposes of this act, said water supply district 
may dig up, raise and embank any such lands, highways 
or other ways in such manner as to cause the least hin- 
drance to public travel ; but all things done upon any 
street, road or highway shall be subject to the direction of 
the selectmen of the town in which such street, road or 
highway is situated : provided, that no aqueducts, conduits 
or pipes, other than those required to divert the waters 
taken under the authority of this act, and conduct the same 
to the said Mansfield water supply district shall be laid in 
and through any street, road or highway in the said town 
of Foxborough. 

Section 3. Said Mansfield water supply district shall 
within ninety days after the taking of any lands, water 
sources or water rights as aforesaid, otherwise than by 
purchase, file and cause to be recorded in the registry of 
deeds for the county in which such lands, water sources 
or water rights are situated, a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purpose for which the same is taken, signed by the water 
commissioners hereinafter provided for. 

Section 4. The said Mansfield water supply district 
shall be liable to pay all damages to property sustained 
by any persons or corporations by the taking of any land, 
right of way, water, water source, water right or ease- 
ment by said district, or by the construction of any 
aqueduct, reservoirs or other works for the purposes 
aforesaid, or by any other thing done by said district 
under the authority of this act. Any person or corpora- 
tion sustaining damages as aforesaid under this act, and 
who fails to agree with said district as to the amount of 
damages, may have them assessed and determined in the 
manner provided where land is taken for highways, by 
making a written application therefor within two years 
after the taking of such land or other property or the 
doing of other injury under the authority of this act, but 
no «uch applicatioB shall be made after the expiration of 
said two years. No application for the assessment of 
damages shall be made for the taking of any water, water 
right or water source, or for any injury thereto, until the 



1886. — Chapter 336. 315 

water is actually withdrawn or diverted by said district 
under the authority of this act. 

Section 5. For the purpose of paying all expenses Mansfiew water 
and liabilities incurred under the provisions of this act, ceed §75,000. 
said district may issue bonds, notes or scrip, from time 
to time, signed by the treasurer of the water supply dis- 
trict, and countersigned by the chairman of the water 
commissioners, to be denominated on the face thereof 
Mansfield Water Loan, to an amount not exceeding 
seventy-tive thousand dollars, payable at periods not ex- 
ceeding thirty years from date of issue and bearing inter- 
est payable semi-annually at a rate not exceeding six per 
centum per annum. And said district may sell said 
securities at public or private sale, at not less than par, 
or pledge the same for money borrowed for the purposes 
of this act upon such terms and conditions as it may deem 
proper. And said district shall pay the interest upon Payment of 
said loan as it accrues, and shall provide for the payment 
of said principal at maturity by establishing at the time of 
contracting said debt a sinking fund, or from year to 
year by such proportionate payments as will extinguish 
the same within the time prescribed by this act. In case 
said district shall decide to establish a sinking fund, it 
shall contribute thereto annually a sum sufficient with its 
accumulations to pay the principal of said loan at 
maturity ; and said sinking fund shall remain inviolate and 
pledged to the payment of said debt and shall be used for 
no other purpose. If said district shall decide to pay the 
principal of said loan by instalments, such amounts as 
may be necessary to make such payments shall without 
further vote of said district be raised annually by taxation 
in the same way as money is raised for other district ex- 
penses. 

Section 6. The said district shall raise by taxation To raise by tax- 

,, I'l-iiii • 1 • ji e Ai, ation sufficient 

annually a sum which with the uicome derivea trom the for expenses, 
sale of water shall be sufficient to pay the current annual exSon°o'f 
expenses of operating its water works and the interest ^o'^^. 
accruing on the bonds issued by said district, together with 
such payments on the principal as may be required under 
the provisions of this act. Said district is further author- 
ized, by a two-thirds vote of the voters of said district 
present and voting at a legal meeting called for the pur- 
pose, to raise by taxation any sum of money for the pur- 
pose of enlarging or extending its water works and 



316 1886. — Chapter 336. 

providing additional appliances and fixtures connected 
therewith, not exceeding three thousand dollars in any 
one year. 
Assessment and Section 7. Whenever a tax is duly voted by said 

collection of tax. n i o i • i i i i n t 

district for the purposes of this act, the clerk shall render 
a certified copy of the vote to the assessors of the town of 
Mansfield, who shall proceed within thirty days to assess 
the same in the same manner in all respects as town taxes 
are required by law to be assessed. The assessment shall 
be committed to the town collector, who shall collect said 
tax in the same manner as is provided for the collection 
of town taxes, and shall deposit the proceeds thereof with 
the district treasurer for the use and benefit of said 
district. Said district may collect interest on taxes when 
overdue in the same manner as interest is authorized to be 
collected on town taxes : provided, said district at the 
time of voting to raise a tax shall so determine, and shall 
also fix a time for payment thereof. 
uact8™to\^up°p'iy Section 8. Said district may make such contracts 
water, and may with iudividuals, corporations and the town of Mansfield 
through the for Supplying water as may be agreed upon, and may ex- 
tend its pipes for that purpose, under the direction of the 
selectmen of the town of Mansfield, through the streets 
and highways of said town lying outside the corporate 
limits of said district. 
fhrfirTdut^fcr/ Section 9. The first meeting of said district shall be 
called on petition of ten or more legal voters therein, by 
a warrant from the selectmen of the town directed to one 
of the petitioners requiring him to give notice of the 
meeting by posting copies of said warrant in three or 
more public places in the said district seven days at least 
before the time of said meeting, and by publishing such 
notice thereof as the warrant may require in any newspaper 
published in said town. One of the selectmen shall pre- 
side at the meeting until a clerk is chosen and sworn. 
After the choice of a moderator for said meeting, the 
question of the acceptance of this act shall be submitted 
to the voters, and if it shall be accepted by a two-thirds 
vote of the voters present and voting thereon it shall go 
into efi'ect, and the meeting may then proceed to act on 
the other articles contained in the warrant. 
^nlrVto"be'^' SECTION 10. Said Mausficld water supply district 
elected. shall after its acceptance of this act at a legal meeting 

called for the purpose elect by ballot three persons to hold 



1886. — Chapter 336. 317 

office, one until the expiration of three years, one until 
the expiration of two years, and one until the expiration 
of one year from the next succeeding annual meeting, to 
constitute a board of water commissioners ; and at each 
annual meeting thereafter one such commissioner shall be 
elected by ballot for the term of three years. All the au- Powers and du- 

. '' .,,. 11- 1 *'** ^' ^"^ water 

thority granted to the said district by this act and not commissioners. 
otherwise specifically provided for shall be vested in said 
board of water commissioners who shall be subject, how- 
ever, to such instructions, rules and regulations as said 
district may impose by its vote ; the said commissioners 
shall be trustees of the sinking fund herein provided for, 
and a majority of said commissioners shall constitute a 
quorum for the transaction of business relative both to the 
water works and to the sinking fund. Any vacancy vacancies in 
occurring in said board from any cause may be filled for ^°^^^- 
the remainder of the unexpired term by said water supply 
district at any legal meeting called for the purpose. No 
money shall be drawn from the district treasury ou account 
of said water works except by a. written order of said 
commissioners or a majority of them. Said commission- 
ers shall annually make a full report to said district in 
writing of their doings and expenditures. 

Section 11. The said district may adopt by-laws, District meet- 
prescribing by whom and how meetings may be called and *"^*' 
notified ; but meetings may also be called on application 
of ten or more legal voters in said district by warrant 
from the selectmen of said town, on such notice as may 
be prescribed therein. The said district may also pro- Rules and regu- 
vide rules and regulations for the management of its iTgemlnt^of'"""' 
water works, not inconsistent with this act or the laws of ^°*''^«- 
this Commonwealth, and may choose such other officers 
not provided for in this act, as it may deem proper and 
necessary. 

Section 12. "Whoever wilfully or wantonly corrupts. Penalty for cor- 
pollutes or diverts any of the waters taken under this act, for''i'njury'to"°' 
or wilfully or wantonly injures any dam, reservoir, aque- ^'"^^*- 
duct, conduit, pipe or other property owned or used by 
said district for the purposes of this act, shall forfeit and 
pay to said district three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above acts shall be 
punished by a fine not exceeding one hundred dollars or 
by imprisonment not exceeding six months. 



318 



1886. — Chapter 337. 



Street railway 
companies au- 
thorized to use 
the cable system 
of motive 
power. 



^eSce^b^a SECTION 13. This act shall take effect upon its pas- 
'f°h'^''di8*ric°*^ sage, but shall become void unless accepted by a two- 
thirds vote of the voters of said district present and voting 
thereon at any legal district meeting called for the pur- 
pose within three years from its passage ; but the number 
of meetings so called in any year shall not exceed three. 

Approved June 28, 1886. 

CJl(ip.337 ^^ ^CT TO AUTHORIZE STREET RAILWAY COMPANIES TO USE THE 

CABLE SYSTEM AS A MOTIVE POWER. 

Be it enacted, etc. , as follows : 

Section 1. Any street railway company which is now 
or may hereafter be formed may, with the approval of the 
board of railroad commissioners and of the mayor and 
board of aldermen of cities and selectmen of towns, estab- 
lish and use the cable system of motive power, so called, 
for the purpose of operating its road, and may with the 
approval and under the direction of the mayor and board 
of aldermen of cities and selectmen of towns make such 
underground or surface alterations in the streets or ways 
through which such railway passes as may be necessary 
for the purpose, subject, however, to the provisions of 
chapter one hundred and thirteen of the Public Statutes, 
so far as the same are applicable. 

Section 2. Any street railway company operated by 
cable motive power, so called, which enters upon and uses 
the tracks of another in the manner now provided by law, 
may, with the approval of the board of railroad commis- 
sioners, use the cable motive power of such other company, 
and for such use shall pay such compensation as the board 
of railroad commissioners shall from time to time deter- 
mine ; the manner and time of payment of such compen- 
sation to be fixed by the commissioners, after hearing, in 
the manner provided by chapter one hundred and twelve 
of the Public Statutes for compensation for the use of 
motive power by connecting railroads. 

Section 3. Any street railway company, for the pur- 
pose of carrying into effect the provisions of this act, may 
increase its capital stock, in the manner provided by 
sections fifty-eight, fifty-nine and sixty of chapter one 
hundred and twelve of the Public Statutes, for increase of 
capital stock of railroads. 
Provisions of SECTION 4. The provislous of chapter one hundred 

P 8 113 to I r 

apply. ' and thirteen of the Public Statutes relating to the forma- 



May use cable 
motive power of 
another com- 
pany when 
using their 
tracks. 



Capital stock 
may be In. 
creased. 



1886. — Chaptek 338. 319 

tion of street railway companies shall, subject to the pro- 
visions of this act, apply so far as possible to street railway 
companies operated in whole or in part by the cable 
system of motive power, so called, in the same manner as 
though such street railway companies were operated by 
animal power. 

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

Approved June 28, 1886. 

An Act to divide the commonwealth into forty districts for (JJiap.SSS 

THE CHOICE OF SENATORS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of choosing senators until frirtt*.*"^^^ ^'^' 
the next decennial apportionment, the Commonwealth is 
hereby divided, agreeably to the provisions of the consti- 
tution, into forty districts, as hereinafter specified. 

Section 2. The towns in the counties of Barnstable, cape District. 
Dukes County and Nantucket shall constitute a district, 
to be known as the Cape district. 

Section 3. The county of Bristol is divided into three 
districts, as follows : — 

The city of Taunton and the towns of Attleborough, First Bristol 

District 

Easton, Mansfield, Norton, Raynham and Seekonk shall 
constitute a district, to be known as the first Bristol 
district. 

The city of Fall River and the towns of Berkley, second Bristol 
Dighton, Rehoboth, Somerset and Swansea shall constitute ^'*'"'^'- 
a district, to be known as the second Bristol district. 

The city of New Bedford and the towns of Acushnet, Third Bristol 
Dartmouth, Fairhaven, Freetown and Westport shall con- '^'^'^^"'' 
stitute a district, to be known as the third Bristol district. 

Section 4. The county of Plymouth, together with 
the town of Cohasset in the county of Norfolk, is divided 
into two districts, as follows : — 

The towns of Abington, Cohasset, Duxbury, Hanover, First Plymouth 
Hanson, Hingham, Hull, Kingston, Marshfield, Pembroke, ^'*'"'='- 
Plymouth, Plympton, Rockland, Scituate, South Scituate 
and Whitman shall constitute a district, to be known as 
the first Plymouth district. 

The city of Brockton and the towns of Bridgewater, second piym. 
Carver, East Bridgewater, Halifax, Lakeville, Marion, o"'^ District. 
Mattapoisett, Middleborough, Rochester, Wareham and 
"West Bridgewater shall constitute a district, to be known 
as the second Plymouth district. 



320 



1886. — Chapter 338. 



First Norfolk 
District. 



Second Norfolk 
District. 



First BuflFolk 
District. 



Second Suffolk 
District. 



Third Suffolk 
District. 



Fourth Suffolk 
District. 



Fifth Suffolk 
District. 



Sixth Suffolk 
District. 



Seventh Suffolk 
District. 



Eighth Suffolk 
District. 



Ninth Suffolk 
District. 



Section 5. The county of Norfolk, exclusive of the 
town of Cohasset, is divided into two districts, as fol- 
lows : — 

The towns of Braintree, Canton, Holbrook, Hyde Park, 
Milton, Quincy, Kandolph and Weymouth shall constitute 
a district, to be known as the first Norfolk district. 

The towns of Bellingham, Brookline, Dedham, Dover, 
Foxborough, Franklin, Medfield, Medway, Millis, Need- 
ham, Norfolk, Norwood, Sharon, Stoughton, Walpole, 
Wellesley and Wrentham shall constitute a district, to be 
known as the second Norfolk district. 

Section 6. The county of Suffolk, together with the 
ward numbered three in the city of Cambridge in the 
county of Middlesex, is divided into nine districts, as 
follows : — 

The city of Chelsea, the towns of Revere and Winthrop 
and the ward numbered one in the city of Boston shall 
constitute a district, to be known as the first Suffolk dis- 
trict. 

The wards numbered three, four and five in the city of 
Boston shall constitute a district, to be known as the 
second Suffolk district. 

The wards numbered six, seven and eight in the city of 
Boston and the ward numbered three in the city of 
Cambridge shall constitute a district, to be known as the 
third Suffolk district. 

The wards numbered two, twelve and sixteen in the city 
of Boston shall constitute a district, to be known as the 
fourth Suffolk district. 

The wards numbered nine, ten and eleven in the city of 
Boston shall constitute a district, to be known as the fifth 
Suffolk district. 

The wards numbered thirteen, fourteen and fifteen in 
the city of Boston shall constitute a district, to be known 
as the sixth Suffolk district. 

The wards numbered seventeen, eighteen and twenty 
in the city of Boston shall constitute a district, to be known 
as the seventh Suffolk district. 

The wards numbered nineteen, twenty-two and twenty- 
five in the city of Boston shall constitute a district, to be 
known as the eighth Suffolk district. 

The wards numbered twenty-one, twenty-three and 
twenty-four in the city of Boston shall constitute a dis- 
trict, to be known as the ninth Suffolk district. 



188G. — Chapter 338. 321 

Section 7. The county of Essex is divided into six 
districts, as follows : — 

The wards numbered two, three, four and five in the FirstEssex 
city of Lynn and the towns of Nahaut and Swampscott 
shall constitute a district, to be known as the first Essex 
district. 

The citv of Salem and the towns of Beverly and Mar- Second Essex 

•^ District 

blehead shall constitute a district, to be known as the 
second Essex district. 

The city of Gloucester, the wards numbered one and TWrd Essex 

J_)iBtrict> 

two in the city of Newburyport and the towns of Essex, 
Hamilton, Ipswich, Manchester, Newbury, Rockport, 
Rowley, Topsficld and West Newbury shall constitute a 
district, to be known as the third Essex district. 

The city of Haverhill, the wards numbered three, Fourth Essex 
four, five and six in the city of Newburyport and ^'*'"'''- 
the towns of Amesbury, Merrimac and Salisbury shall 
constitute a district, to be known as the fourth Essex 
district. 

The wards numbered one, six and seven in the city of ^^\^f^^^^* 
Lynn and the towns of Boxford, Danvers, Georgetown, 
Groveland, Lynntield, Middleton, North Andover, Pea- 
body, Saugus and Wenham shall constitute a district, to 
be known as the fifth Essex district. 

The city of Lawrence and the towns of Andover, Brad- sixth Essex 
ford and Methuen shall constitute a district, to be known 
as the sixth Essex district. 

Section 8. The county of Middlesex, exclusive of the 
ward numbered three in the city of Cambridge, is divided 
into seven districts, as follows : — 

The city of Somerville and the towns of Arlington, First Middlesex 
Medford and Winchester shall constitute a district, to be 
known as the first Middlesex district. 

The cities of Newton and Waltham and the towns of second Middie- 

sex District. 

Belmont, Concord, Lexington, Lincoln and Watertown 
shall constitute a district, to be known as the second 
Middlesex district. 

The wards numbered one, two, four and five in the city Third Middlesex 
of Cambridge shall constitute a district, to be known as the 
third Middlesex district. 

The towns of Ashland, Framingham, Holliston, Hop- Fourth Middle- 
kinton, Marlborough, May nard, Natick, Sherborn, Sud- *^^ 
bury, Wayland and Weston shall constitute a district, to 
be known as the fourth Middlesex district. 



322 



1886. — Chapter 338. 



Fifth Middlesex 

District. 



Sixth Middlesex 
District. 



Seventh Middle- 
sex District. 



First Worcester 
District. 



Second Worces- 
ter District. 



Third Worces- 
ter District. 



Fourth Worces- 
ter District- 



Worcester and 

Hampshire 

District. 



The towns of Acton, Ashby, Ayer, Bedford, Billerica, 
Boxborough, Burlington, Carlisle, Chelmsford, Dracut, 
Dunstable, Groton, Hudson, Littleton, Pepperell, Shir- 
ley, Stow, Tewksbury, Townsend, Tyngsborough, West- 
ford and Woburn shall constitute a district, to be known 
as the fifth Middlesex district. 

The city of Maiden and the towns of Everett, Melrose, 
North Reading, Reading, Stoneham, Wakefield and Wil- 
mington shall constitute a district, to be known as the 
sixth Middlesex district. 

The city of Lowell shall constitute a district, to be known 
as the seventh Middlesex district. 

Section 9. The counties of Worcester, Franklin, 
Hampshire, Hampden and Berkshire are divided into ten 
districts, as follows : — 

The wards numbered one, four, five, six, seven and 
eight in the city of Worcester in the county of Worcester 
shall constitute a district, to be known as the first Wor- 
cester district. 

The towns of Berlin, Blackstone, Bolton, Boylston,, 
Clinton, Grafton, Harvard, Mendon, Milford, including 
therewith the new town of Hopedale, Northborough, North- 
bridge, Shrewsbury, Southborough, Upton, Uxbridge and 
Westborough in the county of Worcester shall constitute 
a district, to be known as the second Worcester dis- 
trict. 

The towns of Auburn, Brookfield, Charlton, Douglas, 
Dudley, Leicester, Millbury, North Brookfield, Oxford, 
Paxton, Southbridge, Spencer, Sturbridge, Sutton, War- 
ren, Webster and West Brookfield in the county of Wor- 
cester shall constitute a district, to be known as the third 
Worcester district. 

The city of Fitchburg, the wards numbered two and 
three in the city of Worcester and the towns of Holden, 
Lancaster, Leominster, Lunenburg, Princeton, Sterling, 
West Boylston and Westminster in the county of Worces- 
ter shall constitute a district, to be known as the fourth 
Worcester district. 

The towns of Athol, Barre, Dana, Gardner, Hardwick, 
Hubbardston, New Braintree, Oakham, Petersham, Phil- 
lipstou, Rutland and Templeton in the county of Worces- 
ter, and the towns of Amherst, Belchertown, Enfield, 
Granby, Greenwich, Hadley, Pelhara, Prescott, South 
Hadley and Ware in the county of Hampshire shall con- 



1886. — CiiAPTEii 338. 323 

stitute a district, to be known as the Worcester and 
Hampshire district. 

The towns in the county of Franklin, and the towns of f^^^"^''" ^'^' 
Ashburnham, Royalston and Winchendon in the county 
of Worcester shall constitute a district, to be known as 
the Franklin district. 

The city of Springfield and the towns of Brimfield, ^[^^^^^'^^^^'^ 
Plolland, Monson, Palmer, Wales and Wilbraham in the 
county of Hampden shall constitute a district, to be known 
as the first Hampden district. 

The city of Holyoke and the towns of Agawam, second Hamp. 
Chicopee, Granville, Hampden, Longmeadow, Ludlow, "^^i^ ^'*'"'=^- 
Montgomery, Southwick, Tolland, Westfield and West 
Springfield in the county of Hampden shall constitute a 
district, to be known as the second Hampden district. 

The towns of Adams, Cheshire, Clarksburg, Dalton, Berkshire dis- 
Florida, Hancock, Hinsdale, Lanesborough, Lenox, New *"^'" 
Ashford, North Adams, Peru, Pittstield, Richmond, Savoy, 
Washington, Williamstowu and Windsor in the county of 
Berkshire shall constitute a district, to be known as the 
Berkshire district. 

The towns of Alford, Becket, Egremont, Great Bar- Berkshire and 
rington, Lee, Monterey, Mount Washington, New Marl- 01X161."^^ 
borough, Otis, Sandisfield, Sheffield, Stockbridge, Tyring- 
ham and West Stockbridge in the county of Berkshire, 
the city of Northampton and the towns of Chesterfield, 
Cummington, Easthampton, Goshen, Hatfield, Hunting- 
ton, Middlefield, Plainfield, Southampton, Westhampton, 
Williamsburg and Worthington in the county of Hamp- 
shire, and the towns of Blandford, Chester and Russell in 
the county of Hampden shall constitute a district, to be 
known as the Berkshire and Hampshire district. 

Section 10. In case a new election is ordered during Elections during 
the present political year, to fill any vacancy in the senate, year!" p"''*'^ 
said election shall be held in the district which elected the 
senator whose place is so vacant, as the same existed prior 
to the passage of this act. 

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

Approved June 29, 1886. 



324 1886. — Chapters 339, 340. 

O/iftW.339 ^N Act to repeal sections twenty-one, twenty-two, twenty- 
three AND TAVENTY-FIVE OF CHAPTER ONE HUNDRED AND FIFTY 
OF THE PUBLIC STATUTES RELATING TO CAPITAL TRIALS. 

Be it enacted, etc. , as follows : 

^^oX^2\Xi%, Section 1. Sections twenty-one, twenty-two, twenty- 
mo.' ' ' • (^j^i-ee and twenty-five of chapter one hundred and fifty of 
the Public Statutes are hereby repealed. 

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

Approved June 29, 1886. 

Ch(ip.34:0 -^N Act CONCERNING THE KEEPING OF DOGS KNOWN AS BLOOD- 
HOUNDS. 

Be it enacted, etc., as follows: 
Bloodhounds Section 1. No pcrson shall keep or have in his care 

and certain . ■> n ^ • i i 

other dogs not to Or posscssiou any dog ot the species commonly known as 

forexhiwfion^ bloodhouud, Or any dog which is or has been classed by 
dog fanciers or breeders as Cuban bloodhound, Siberian 
bloodhound, German mastiff" or Great Dane, boarhound 
or Ulmer dog, be said dog in whole or in part of said 
species ; unless the same be kept for exhibition solely ; in 
which case said dog shall at all times be kept securely 
enclosed or chained, and shall not be allowed at large, 
even though in charge of a keeper, unless properly and 
securely muzzled. 

Penalty. Section 2. Whocvcr kecps any of the dogs described 

in section one of this act contrary to the provisions hereof 
shall forfeit fifty dollars, ten dollars of which shall be paid 
to the complainant, and forty dollars to the treasurer of 
the county in which such dog is kept ; except that in the 
county of Suffolk the forty dollars shall be paid to the 
treasurer of the city or town wherein said dog is kept. 

Dog to be re- SECTION 3. In casc of the conviction of any person for 

keeping any such dog contrary to the provisions of this 
act, the mayor of a city or chairman of the selectmen of a 
town within which such dog is kept shall within forty- 
eight hours after such conviction order the person con- 
victed of keeping the same to remove the same from the 
limits of the city or town. Notice in writing of the 
order for such removal shall be served by any police 
officer or constable of the city or town, and if such dog is 
not removed within twenty-four hours after service of 
such notice the mayor or chairman of the selectmen of the 



1886. — Chaptek 311. 325 

city or town shall in writing order the killing of such dog 
by any police othcer or constable of such city or town 
who may enter any premises within the limits of such city 
or town in the execution of such order. 

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

Approved June 29, 1886. 

An Act to incorporate the newton street railway company (77ift/?.341 

Be it enacted, etc., asfolloivs: 

Section 1. Horace B. Parker, Austin R. Mitchell, Kaylom' 
George W. Morse, Joseph W. Stover, Albert F. Upton, l^^^^^^l^^ ''^' 
Richard Rowe, Henry F. Ross, Austin T. Sylvester, 
William F. Kimball, their associates and successors, may 
associate and become a corporation under the name of the 
Newton Street Railway Company, with all the powers 
and privileges and subject to all the duties, liabilities and 
restriction^ set forth in all general laws that now are or 
hereafter may be in force relating to street railway com- 
panies. 

Section 2. Said company may establish and maintain May establish 
the electric system of motive power, so called, and with electric Bystem 
the consent of the board of aldermen of the city of New- plwer!"^* 
ton, may make such underground alteration of the streets 
and erect such poles and wires as may be necessary to 
establish and maintain said motive power ; except that 
said company shall not use a centre surface rail for the 
transmission of the electric current. 

Section 3. Said corporation may, subject to the May construct, 
approval and under the control of said board, as provided operate a street 
by general law construct, maintain and operate a street [^^'^^y i° ^"«^- 
railway with single or double tracks and with convenient 
and suitable turn-outs and switches from near the north- 
erly side of the Boston and Albany railroad in that part 
of Newton called Newton Centre near the railroad station ; 
thence westerly through Institution avenue to Beacon 
street ; thence westerly through Beacon street to Walnut 
street ; thence northerly through Walnut street to Wash- 
ington street ; thence westerly through Washington street 
and Auburn street to that part of Newton called Auburn- 
dale ; and also from the corner of said Walnut and Wash- 
ington streets easterly through Washington street to that 
part of Newton called Newton Corner ; also from a point 
on Bowers street in Newtonville near the railroad station. 



Proviso. 



326 1886. — Chapter 342. 

through Bowers street, to Walnut street, to connect with 
the proposed line on Wahiut street, and over such other 
streets and highways in said Newton as location thereon 
may hereafter, from time to time, be granted by the 
board of aldermen of said city : provided, the tracks of 
said corporation shall not cross the tracks of the Boston 
and Albany railroad at grade without the consent of the 
board of railroad commissioners. 
Capital stock Section 4. The capital stock of said corporation shall 

not to exceed -% r^ n iiii i 

$50,000. not exceed nfty thousand dollars, except that said com- 

pany may increase its capital stock subject to all general 
laws applicable to such increase. 

May issue bonds Section 5. Said corporatlou from time to time, by the 

and secure the ....'■ „. i i i n . 

siime by mort- votc 01 the majority in interest or its stockholders, may issue 
^'^^^' coupon or registered bonds to an amount not exceeding 

the amount of its capital stock actually subscribed for and 
paid in, for a term not exceeding twenty 3^ears from the 
date thereof; and to secure payment thereof with interest 
thereon, the said company may make a mortgage of its 
road and franchise, and any part of its other property, 
and may include in such mortgage property thereafter to 
be acquired. Said company may in such mortgage 
reserve to its directors the right to sell, or otherwise in 
due course of business dispose of, property included in 
such mortgage which may become worn, damaged or 
otherwise unsuitable to be used in the operation of its 
road : provided, that an equivalent in value be substituted 
in lieu thereof. 
pr°o"vtd'and^e?.' Section 6. All bouds Issucd shall first be approved 
tified. i3y some person appointed by the corporation for that pur- 

pose, who shall certify upon each bond that it is properly 
issued and recorded. 

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

Approved June 29, 1886. 

C7iap.34:2i An act in relation to procuring unlawful or fraudulent 

DECREES OP DIVORCE. 

Be it enacted, etc., as folloivs : 
ruTing^or°L^8°- Section 1. Whoever knowingly procures or obtains, 
ilfuniawfu"""^ ^^ assists auothcr to procure or obtain, any fiilse, counter- 
divorce, feit or fraudulent divorce or decree of divorce, shall be 

punished by a fine not exceeding two hundred dollars or 

by imprisonment in the house of correction for a term not 

exceeding six months. 



1S86. — Chapters 343, 344. 327 

Section 2. Whoever knowingly procures or obtains, Penalty for pro- 

. . J^ ^ 1 J ' T ciirins; or assist- 

or assists another to procure or obtain, any divorce or ing in procuring 
decree of divorce from any court of any other state or divorceVom a 
territory, for or in favor of any person who at the time of JuHsdiaioir'"^ 
making application therefor was a resident of this state, 
such court not having jurisdiction to grant such decree, 
shall be punished by a fine not exceeding two hundred 
dollars or by imprisonment in the house of correction for 
a term not exceeding six months. 

Approved June 29, 1886. 



Chap34. 



o 



An Act relating to the right of the marblehead water 

COMPANY to enter UPON AND DIG UP THE PUBLIC WAYS OF THE 
CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-three of JjJ, °|^f''j^a^j°o; 
the acts of the year eighteen hundred and eio^hty-three is <;^"^ aidermeu 
hereby amended by inserting at the end of the second up streets in 
section thereof the following words : — pi-ovided, however, ^°"' 
that the said corporation shall not enter upon or dig up 
the streets or public ways in the city of Lynn, except for 
the purposes of repairing its pipes already laid, without 
the consent in writing of the mayor and board of aldermen 
of said city. 

Section 2. Anything in said act inconsistent herewith Repeal, 
is hereby repealed. 

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

Approved June 29, 1886. 

An Act to authorize the city op Cambridge to construct and (l]iar>.^^4: 

MAINTAIN A DAM ACROSS THE ENTRANCE TO BLACK'S NOOK IN 
FRESH POND. 

Be it enacted, etc. , as folloivs : 

Section 1. The city of Cambridge is hereby author- cityofCam. 

1. i i !•,• t • -t~\ i 1 bridge may con- 

izeu to construct and maintain a dam in Jbresh pond across struct and main- 
the entrance to Black's nook, so called, for the purpose of Fre'ahpond!" 
preserving the purity of the water in said pond, and said 
city shall be liable for all damages sustained by any per- • 
son by the construction and maintenance of said darn or 
by any injury caused thereby to any lands, waters, ease- 
ments or other property or rights of such person, and for 
all damages sustained by any riparian proprietor whose 
access to said pond is obstructed or interrupted by such 



328 



1886. — Chapter 345. 



Proviso. construction and maintenance : provided, said dam is con- 

structed otherwise than with a suitable sluiceway and 
gates for floating ice. through the same. If any person 
sustaining damages as aforesaid cannot agree with said 
city upon the amount thereof, either party may, within 
three years after the construction of said dam, apply to 
the superior court for au assessment of said damages, and 
the same shall be assessed and the same proceedings shall 
be followed, as provided in sections five and six of chapter 
two hundred fifty-six of the acts of the year eighteen 
hundred eighty-four, so far as the same may be applicable 
thereto. 

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

Approved June 29 , 1886. 

Chcip.34^5 -A-N Act to apportion and assess a state tax of one million 

FIVE HUNDRED THOUSAND DOLLARS. 

Be it enacted, etc., as follows : 



state tax of 
$l,5iOO,000. 


Section 1. 


Each city and town in this Commonwealth 




shall be assessed and pay the several'sums with 


I which they 




stand respectively charged in the following schedule, that 




is to say : — 






Barnstable 
County, 




BARNSTABLE COUNTY. 






Barnstable, . 


Two thousand five hundred and 








ninety-five dollars, 


$2,595 00 




Bourne, 


Seven hundred and ninety-five 








dollars, . . ... 


795 00 




Brewster, 


Four hundred and ninety-five dol- 








lars, 


495 00 




Chatham, 


Six hundred and sixty dollars, 


660 00 




Dennis, 


Eleven hundred and eighty-five 








dollars, 


1,185 00 




Eastham, 


Two hundred and ten dollars. 


210 OQ 




Falmouth, . 


Three thousand two hundred and 








seventy dollars, .... 


3,270 00 




Harwich, 


Nine hundred and thirty dollars, . 


930 00 




Mashpee, 


One hundred and five dollars. 


105 00 




Orleans, 


Four hundred and ninety-five dol- 








lars, 


495 00 




Provincetown, 


One thousand eight hundred and 








thirty dollars, .... 


1,830 00 




Sandwich, . 


Eight hundred and fifty-five dol- 








lars, 


855 00 



1886.— Chapter 345. 

BARNSTABLE COUNTY — Concluded. 



329 



Truro, . 

VVellfleet, 

Yarmouth, 



Two hundred and fifty-five dollai-s, 

Seven hundred and ninety-five dol- 
lars, 

One thousand three hundred and 
thirty-five dollars. 



BERKSHIRE COUNTY. 



Adams, 

Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, . 

Florida, 

Great Barrington, 

Hancock, 

Hinsdale, 

Lanesborough, 

Lee, 

Lenox, 

Monterey, . 

Mt. Washington, . 

New Ashford, 

New Marlboro', . 

North Adams, 

Otis, . 



Two thousand nine hundred and 

eighty-five dollars. 
Two hundred and ten dollars. 

Three hundred and thirty dollars, 

Six hundred and fifteen dollars, . 

One hundred and sixty-five dollars. 

One thousand three hundred and 

sixty-five dollars, 
Three hundred and sixty dollars, 

One hundred and fifty dollars. 

Two thousand four hundred and 
sixty dollars, .... 

Three hundred and forty-five dol- 
lars, 

Six hundred and thirty dollars, . 

Four hundred and sixty-five dol- 
lars, 

One thousand seven hundred and 
ten dollars, .... 

One thousand three hundred and 
twenty dollars, .... 

One hundred and ninety-five dol- 
lars, 

Ninety dollars, .... 

Sixty dollars, .... 

Five hundred and forty dollars, . 

Four thousand three hundred and 

sixty-five dollars, 
One hundred and eighty dollars, . 



Barnstable 
County. 



$255 00 

795 00 
1,335 00 



$15,810 00 



Berkshire 
County. 



1,985 00 
210 00 

330 00 

615 00 

165 00 



1,365 00 
360 00 

150 00 



2,460 00 



345 00 
630 00 


465 


00 


1,710 00 


1,320 


00 


195 

90 


00 
00 


60 


00 


540 00 


4.365 00 
180 00 



330 



Berksliire 
County. 



Bristol County. 



1886. — Chapter 345. 

BERKSHIRE COUNTY — Concluded. 



Peru, . 
Pittsfield, . 
Richmond, . 
Sandisfield, . 
Savoy, . 
Sheffield, . 
Stockbridge, 
Tyringham, 
Washington, 
W. Stockbridge, . 
Williamstown, 
Windsor, 



One hundred and five dollars, 

Seven thousand four hundred and 

seventy dollars, . 
Four hundred and five dollars, 

Three hundred and thirty dollars 

One hundred and sixty-five dol- 
lars, 

Seven hundred and eighty dollars 

Two thousand two hundred and 

five dollars, 
One hundred and ninety-five dol 

lars, 

One hundred and sixty-five dol 

lars, 

Six hundred and fifteen dollars, 

One thousand four hundred and 

twenty-five dollars, . 
One hundred and eighty dollars 



BRISTOL COUNTY. 



$105 00 



7,470 00 
405 00 

330 00 



165 00 

780 00 



2,205 00 

195 00 

165 00 
615 00 



1,425 CO 

180 00 



$32,580 00 



Acushnet, . 


Five hundred and seventy dollars. 


$570 00 


Attleborough, 


Five thousand one hundred dol- 






lars, 


5,100 00 


Berkley, 


Three hundred and seventy-five 






dollars, 


375 00 


Dai'tmouth, . 


One thousand eight hundred and 






thirty dollars, .... 


1,830 00 


Dighton, 


Six hundred and seventy- five dol- 






lars, 


675 00 


Easton, 


Three thousand three hundred dol- 






lars 


3,300 00 


Fairhaven, . 


One thousand three hundred and 






fifty dollars, .... 


1,350 00 


Fall River, . 


Thirty-five thousand two hundred 






and ninety-five dollars. 


35,295 00 


Freetown, . 


Seven hundred and ninety-five dol- 






lars 


795 00 


Mansfield, . 


Nine hundred and ninety dollars. 


990 00 


New Bedford, 


Twenty-seven thousand and fifteen 






dollars, 


27,015 00 



1886. — Chaptek 345. 

BRISTOL COUNTY — Concluded. 



Norton, 

Raynham, 

Rehoboth, 

Seekonk, 

Somex'set, 

Swanzey, 

Taunton, 

Westport, 



Amesbury, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 



Six hundred and seventy-five dol- 
lars, 

Eight hundred and forty dollars, . 

Six hundred and fifteen dollars, . 

Five hundred and eighty-five dol- 
lars, 

One thousand and fifty dollars, 

Six hundred and forty-five dollars. 

Thirteen thousand nine hundred 
and sixty-five dollars, 

One thousand two hundred dol- 
lars, 



DUKES COUNTY. 



ESSEX COUNTY. 



One thousand five hundred and 
sixty dollars, .... 

Four thousand one hundred and 
eighty-five dollars. 

Nine thousand one hundred and 
twenty dollars, .... 

Five hundred and twenty-five dol- 
lars, 

One thousand three hundred and 
five dollars, .... 

Three thousand and sixty dollars. 



331 



Bristol County. 



$675 00 
840 00 

615 00 



685 00 
1,050 00 

645 00 



13,965 00 
1,200 00 



5,870 00 



Dukes County. 



Chilmark, . 


One hundred and ninety-five dol- 






lars, 


$195 00 


Cottage City, 


One thousand and thirty-five dol- 






lars, 


1,035 00 


Edgartown, . 


Six hundred and sixty dollars. 


660 00 


Gay Head, . 


Fifteen dollars, . ' . 


15 00 


Gosnold, 


One hundi-ed and thirty-five dol- 






lars, 


1.S5 00 


Tisbury, 


Six hundred and thirty dollars, . 


630 00 




$2,670 00 



Essex County. 



$1,560 00 

4,185 00 

9,120 00 

525 00 

1,.S05 00 
3,060 00 



332 

Essex County. 



1886. — Chapter 345. 

ESSEX COUNTY — Continued. 



Essex, . 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, , 

Lynnfield, 

Manchester, 

Marblehead, 

Merrimac, 

Methnen, 

Middleton, 

Nahant, 

Newbury, 

Newburyport, 

North Andover, 

Peabody, 

Rockport, 

Rowley, 

Salem, . 

Salisbury, 

Saugus, 

Swampscott, 



Seven hundred and fifty dollars, . 

Eight hundred and eighty-five dol- 
lars, 

Ten thousand three hundred and 
twenty dollars, . . . . 

Seven hundred and fifty dollars, . 

Five hundred and twenty-five dol- 

lai's, 

Twelve thousand and sixty dollars. 

One thousand seven hundred and 
eighty-five dollars. 

Twenty-one thousand nine hun- 
dred and ninety dollars, 

Twenty-three thousand five hun- 
dred and sixty-five dollars, 

Four hundred and fifty dollars. 

Three thousand nine hundred and 
sixty dollars, .... 

Thi'ee thousand seven hundred and 
twenty dollars, .... 

One thousand and five dollars. 

Two thousand three hundred and 
seventy dollars, .... 

Four hundred and thirty-five dol- 
lars, 

Four thousand six hundred and 
eighty dollars, .... 

Eight hundred and eighty-five dol- 
lars, 

Six thousand eight hundred and 
fifty-five dollars. 

Two thousand one hundred and 
ninety dollars, .... 

Five thousand seven hundred and 
foi'ty-five dollars. 

One thousand seven hundred and 
twenty-five dollars, . 

Four hundred and eighty dollars. 

Twenty-one thousand three hun- 
dred and fifteen dollars. 
Two thousand and forty dollars, . 

One thousand two hundred and 
ninety dollars, .... 

Two thousand nine hundred and 
fifty-five dollars. 



$750 00 



885 00 

10,320 00 
750 00 



525 00 
12,060 00 



1,785 00 

21,990 00 

23,565 00 
450 00 

3,960 00 



3,720 
1,005 


00 
00 


2,370 00 


435 


00 


4,680 00 


885 


00 


6,855 00 


2,190 


00 


5,745 


00 


1,725 00 
480 00 


21,315 
2,040 


00 
00 


1,290 


00 


2,955 


00 





1886.— Chapter 345. 


333 


ESSEX COUNTY — Concluded 


Essex County. 


Topsfield, . 


Six hundred dollars. 


$600 00 


Wenham, 

West Newbury, . 


Four hundred and thirty-five dol- 
lars 

Nine hundred dollars, . 


435 00 

900 00 




$156,420 00 




FRANKLIN COUNTY. 


Franklin 
County. 


Ashfield, 


Three hundred and ninety dollars, 


$390 00 


Bernardston, 


Three hundred and ninety dollars, 


390 00 


Buckland, . 


Four hundred and fifty dollars, 


460 00 


Charlemont, 


Three hundred dollars, . 


300 00 


Colrain, 
Conway, 


Four hundred and ninety-five dol- 
lars, 

Six hundred and fifteen dollars, . 


495 00 
615 00 


Deerfield, 
Erving, 
Gill, . 
Greenfield, . 


One thousand and sixty-five dol- 
lars, 

Two hundred and eighty-five dol- 
lars, 

Three hundred and seventy-five 
dollars, 

Three thousand dollars, 


1,065 00 

285 00 

375 00 
3,000 (jO 


Hawley, 
Heath, . 


One hundred and thirty-fiye dol- 
lars, 

One hundred and fifty dollars. 


135 00 

150 00 


Leverett, 


Two hundred and fifty-five dollars. 


255 00 


Leyden, 


One hundred and sixty-five dollars. 


165 00 


Monroe, 


Forty-five dollars, .... 


45 00 


Montague, . 
New Salem, 


Two thousand four hundred and 

thirty dollars, .... 

Two hundred and fifty-five dollars, 


2,430 00 
255 00 


Northfield, . 


Six hundred dollars. 


600 00 


Orange, 
Rowe, . 


One thousand seven hundred and 

fifty-five dollars, 
One hundred and sixty-five dollars, 


1,755 00 

165 00 


Shelburne, . 


Seven hundred and twenty dollars. 


720 00 



334 



Franklin 
County. 



1886. — Chapter 845. 

FRANKLIN COUNTY — Concluded. 



Hampden 
County. 



Shutesbury, . 
Sunderland, 


One hundred and thirty-five dol- 
lars, 

Three hundred and sixty dollars, . 


$135 00 
360 00 


Warwick, 


Two hundred and forty dollars, . 


240 00 


Wendell, . 


One hundred and sixty-five dollars. 


165 00 


Whately, . 


Four hundred and five dollars, 


405 00 




$15,345 00 



Agawam, 

Blandford, 

Brimfield, 

Chester, 

Chicopee, 

Granville, 

Hampden, 

Holland, 

Holyoke, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, 

Wales, . 



HAMPDEN COUNTY. 



One thousand and sixty-five dol 

lars, 

Three hundred dollars, . 

Four hundred and thirt3'-five dol- 
lars, 

Four hundred and thirty-five dol 
lars, 

Four thousand eight hundred and 
fifteen dollars, . 

Three hundred and fifteen dollars. 

Three hundred and forty-five dol- 
lars, 

Ninety dollars, 

Thirteen thousand five hundred 

and seventy-five dollars, . 
Nine hundred and sixty dollars. 

Six hundred and thirty dollars. 

One thousand three hundred and 

fifty dollars. 
One hundred and five dollars. 

Two thousand one hundred and 

sixty dollars, 
Three hundred and seventy-five 

dollars, .... 
Four hundred and eighty dollars, 

Thirty-one thousand six hundred 

and ninety-five dollars. 
One hundred and fifty dollars, 

Two hundred and fifty-five dollars. 



$1,065 00 
300 00 



435 00 

435 00 

4,815 00 
315 00 



345 00 
90 00 



13,575 00 

960 00 

630 00 



1,350 00 
105 00 



2,160 00 

375 00 
480 00 



31,695 00 

150 00 

255 00 



1886. — Chapter 345. 

HAMPDEN COUNTY — Concluded. 



335 



TTampilen 
County. 



West Springfield, 
Westfield, . 
Wilbraham, 


Two thousand six hundred and 
seventy dollars, .... 

Five thousand three hundred and 
eighty-five dollars. 

Six hundred dollars. 


$2,670 00 

5,385 00 
600 00 




$68,190 00 




HAMPSHIRE COUNTY. 


Hampshire 
County. 


Amherst, 

Belchertown, 

Chesterfield, 


Two thousand two hundred and 
ninety-five dollars. 

Seven hundred and sixty-five dol- 
lars, . . . 

Two hundred and fifty-five dollars, 


$2,295 00 

765 00 
255 00 


Cumnaington, 


Two hundred and seventy dollars, 


270 00 


Easthampton, 


Two thousand and ten dollars, 


2,010 00 


Enfield, 
Goshen, 


Five hundred and eighty-five dol- 
lars, .•...., 
One hundred and twenty dollars, . 


685 00 
120 00 


Granby, 


Three hundred and ninety dollars. 


390 00 


Greenwich, . 
Hadley, 


Two hundred and eighty-five dol- 
lars, 

Nine hundred and sixty dollars, . 


285 00 
960 00 


Hatfield, 


Eight hundred and ten dollars. 


810 00 


Huntington, 


Four hundred and five dollars. 


405 00 


Middlefield, 


Two hundred and seventy dollars, 


270 00 


Northampton, 
Pelham, 


Seven thousand two hundred and 
fifteen dollars, .... 
One hundred and fifty dollars. 


7,215 00 
150 00 


Plainfield, . 
Prescott, 


One hundred and thirty-five dol- 
lars, 

One hundred and fifty dollars, 


135 00 
150 00 


South Hadley, 
Southampton, 


One thousand four hundred and 

seventy dollars, .... 

Four hundred and twenty dollars, 


1,470 00 

420 00 


Ware, . 


Two thousand five hundred and 
ninety-five dollars, . 


2,595 00 



336 



Hampshire 
Couuty. 



1886. — Chaptek 345. 

HAMPSHIRE COUNTY — Concluded. 





Westhanipton, 


Two hundred and twenty-five dol- 








lars, 


$22.5 00 




Williamsburg, 


Seven hundred and eighty dollars, 


780 00 




Worthington, 


Two hundred and seventy dollars. 


270 00 




$22,830 00 


Middlesex 




MIDDLESEX COUNTY. 




County. 










Acton, . 


One thousand one hundred and 








ten dollars, 


$1,110 00 




Arlington, . 


Four thousand and twenty dollars, 


4,020 00 




Ashby, . 


Four hundred and five dollars. 


405 00 




Ashland, 


One thousand one hundred and 








twenty-five dollars, . 


1,125 00 




Ayer, . 


Nine hundred and ninety dollars, 


990 00 




Bedford, 


Six hundred and seventy-five dol- 








lars, 


675 00 




Belmont, 


Two thousand six hundred and 








forty dollars, .... 


2,640 00 




Billerica, 


One thousand four hundred and 








forty dollars, .... 


1,440 00 




Boxborough, 


Two hundred and ten dollars. 


210 00 




Burlington, . 


Three hundred and ninety dollars, 


390 00 




Cambridge, . 


Forty-six thousand seven hundred 








and forty dollars. 


46,740 00 




Carlisle, 


Three hundred and fifteen dollars. 


315 00 




Chelmsford, 


One thousand three hundred and 








eighty dollars, . . . 


1,380 00 




Concord, 


Two thousand eight hundi'ed and 








twenty dollars, .... 


2,820 00 




Dracut, 


Nine hundred and seventy-five dol- 








lars, 


975 00 




Dunstable, . 


Two hundred and seventy dollars. 


270 00 




Everett, 


Four thousand two hundred and 








sixty dollars, .... 


4,260 00 




Framingham, 


Five thousand two hundred and 








fifty dollars, .... 


6,250 00 




Groton, 


Two thousand four hundred and 








fifteen dollars, .... 


2,415 00 




Holliston, 


One thousand four hundred and 








forty dollars, .... 


1,440 00 



188G. — Chapter 345. 

MIDDLESEX COUNTY — Continued. 



337 



Hopbinton, . 


One thousand eight hundred dol- 






lars, 


f 1,800 00 


Hudson, 


One thousand seven hundred and 






forty dollars, .... 


1,740 00 


Lexington, . 


Two thousand three hundred and 






fifty-five dollars, .... 


2,355 00 


Lincoln, 


One thousand and five dollars, 


1,005 00 


Littleton, 


Six hundred and sixty dollars. 


660 00 


Lowell, 


Forty-two tliousand eight hundred 






and fifty-five dollars, . 


42,855 00 


Maiden, 


Eleven thousand one hundred and 






fifteen dollars, .... 


11,115 00 


Marlborough, 


Three thousand seven hundred and 






thirty-five dollars. 


3,735 00 


Maynard, 


One thousand six hundred and five 






dollars, 


1,605 00 


Medford, . 


Six thousand nine hundred and 






sixty dollars, .... 


6,960 00 


Melrose, 


Three thousand nine hundred and 






thirty dollars, .... 


3,930 00 


Natick, 


Four thousand one hundred and 






seventy dollars, .... 


4,170 00 


Newton, 


Twenty-four thousand eight hun- 






dred and forty dollars. 


24,840 00 


North Reading, . 


Four hundred and five dollars, 


405 00 


Pepperell, . 


One thousand two hundred and 






forty-five dollars. 


1,245 00 


Reading, 


One thousand nine hundred and 






fifty dollars, .... 


1,950 00 


Sherborn, 


Seven hundred and five dollars, . 


705 00 


Shirley, 


Six hundred dollars, 


600 00 


Somerville, . 


Twenty thousand and eighty-five 






dollars, 


20,085 00 


Stoneham, . 


Two thousand six hundred and 






twenty-five dollars, . 


2,625 00 


Stow, . 


Eight hundred and ten dollars. 


810 00 


Sudbury, 


Eight hundred and eighty-five 






dollars, 


885 00 


Tewksbury, . 


One thousand and ninety-five dol- 






lars, 


1,095 00 


Townsend, . 


Eight hundred and fifty-five dol- 






lars, ...... 


855 00 


Tyngsborough, . 


Three hundred dollars, . 


300 00 


Wakefield, . 


Three thousand two hundred and 






fifty-five dollars, .... 


3,255 00 



MiddleBex 
Coiiuty. 



138 



Middlesex 
County. 



Nantucket 
County. 



Norfolk 
County. 



1886. — CiiAPTEK 345. 

IMTDDLESEX COUNTY - Concluded. 



Wiiltham, . 


Nine thousand one hundred and 






sixty-five dollars. 


$9,165 00 


Watertown, . 


Five thousand four hundred and 






seventy-five dollars, . 


5,475 00 


Wayland, . 


One thousand and fifty dollars, 


1,050 00 


"Westford, . 


Nine hundred and fifteen dollars, . 


915 00 


Weston, 


One thousand eijrht hundred and 






seventy-five dollars, . 


1,875 00 


Wilmington, 


Four hundred and sixty-five dol- 






lars, 


465 00 


Winchester, 


Three thousand four hundred and 






ninety-five dollars. 


3,495 00 


Woburn, 


Six thousand six hundred dollars. 


6,600 00 




$249,495 00 



Nantucket, 



Bellingham, 
Braintree, . 
Brookline, . 
Canton, 
Cohasset, 
Dedham, 
Dover, . 
Foxborough, 
Franklin, 
Holbrook, 
Hyde Park, . 
Medfield, . 



NANTUCKET COUNTY. 



Two thousand three hundred and 
twentj'-tive dollars. 



$2,325 00 



NORFOLK COUNTY. 



Four hundred and eighty dollars 

Two thousand six hundred and 

twenty-five dollars, . 
Twenty-six thousand three hun 

dred and fifty-five dollars, . 
Two thousand nine hundred and 

fifty-five dollars. 
Two thousand seven hundred and 

ninet}' dollars, 
Four thousand five hundred dol 

lars, 

Six hundred dollars. 

One thousand two hundred ant 

forty-five dollars, 
One thousand six hundred an( 

eighty dollars, . 
One thousand one hundred and 

seventy dollars, . 
Four thousand two hundred an 

seventy-five dollars, . 
Nine hundred and thirty dollars. 



$480 CO 

2,625 00 

26,355 00 

2,955 00 

2,790 00 

4,500 00 
600 00 

1,245 00 

1,680 00 

1,170 00 

4,275 00 
930 00 



18SG. — Chapter 345. 

NORFOLK COUNTY — Concluded. 



339 



PLYMOUTH COUNTY. 



Abington, 

Bridgewater, 

Brockton, 

Carver, 

Duxbury, 

E. Bridgewater, 

Halifax, 

Hanover, 

Hanson, 



One tliousand six hundred and 

fifty dollars. 
One thousand nine hundred anc 

eighty dollars, . 
Ten thousand five hundred and 

ninety dollars, . 
Five hundred and forty dollars. 

One thousand one hundred and 

twenty-five dollars, . 
One thousand three hundred and 

five dollars. 
Two hundred and ten dollars. 

One thousand and twenty dollars 

Five hundred and ten dollars, 



Norfolk 
County. 



^ledway. 


One thousand one hundred and 






fifty-five dolhirs. 


$1,155 00 


^lillis, . 


Three hundred and sixty dollars. 


360 00 


Milton, 


Ten thousand four hundred and 






eighty-five dollars, 


10,485 00 


Needham, . 


One thousand five hundred and 






sixty dollars, .... 


1,560 00 


Norfolk, 


Three hundred and thirty dollars. 


330 00 


Norwood, 


One thousand six hundred and 






ninetv-five dollars. 


1,695 00 


Quincy, 


Seven thousand one hundred and 






eighty-five dollars, 


7,185 00 


Randolph, . 


One thousand nine hundred and 






filty dollars, .... 


1,950 00 


Sharon, 


Nine hundred and sixty dollars. 


960 00 


Stoughton, . 


One thousand nine hundred and 






eighty dollars, .... 


1,980 00 


Walpole, 


One thousand three hundred and 






twenty dollars, .... 


1,320 00 


Wellesley, . 


Three thousand seven hundred 






and twenty dollars, 


3,720 00 


Weymouth, . 


Four thousand nine hundred and 






eighty dollars, .... 


4,980 00 


Wrentham, . 


One thousand one hundred and 






forty dollars, .... 


1,140 00 




$88,425 00 



Plymouth 
County. 



$1,650 00 

1,980 00 

10,590 00 
540 00 

1,125 00 

1,305 00 
210 00 

1,020 00 

510 00 



310 



Plymouth 

County. 



Suffolk County. 



1886. — Chapter 315. 

PLYMOUTH COUNTY — Concluded. 



Hingham, . 


Two thousand nine hundred and 






seventy dollars, .... 


$2,970 00 


Hull, . 


One thousand six hundred and 






thirty-five dollars, 


1,635 00 


Kingston, 


One thousand six hundred and five 






dollars, 


1,605 00 


Lakeville, . 


Four hundred and twenty dollars, 


420 00 


Marion, 


Seven hundred and sixty-five dol- 






lars, 


765 00 


Marsbfield, . 


Nine hundred and thirty dollars, . 


930 00 


Mattapoisett, 


One thousand two hundred and 






fifteen dollars, .... 


1,215 00 


Middleborongh, . 


Two thousand four hundred and 






seventy -five dollars, . 


2,475 00 


Pembroke, . 


Five hundred and forty dollars, . 


540 00 


Plymouth, . 


Four thousand one hundred and 






ten dollars, , , . 


4,110 00 


PljmptoD, . 


Two hundred and forty dollars, . 


240 00 


Rochester, . 


Three hundred and ninety dollars. 


390 00 


Rockland, . 


Two thousand and ten dollars. 


2,010 00 


Scituate, 


One thousand two hundred and 






fifteen dollars 


1,215 00 


South Scituate, . 


Nine hundred and fifteen dollars, 


915 00 


Wareham, . 


One thousand two hundred and 






ninety dollars, .... 


1,290 00 


W. Bridgewater, . 


Eight hundred and twenty-five 






dollars, 


825 00 


Whitman, . 


Two thousand two hundred and 






thirty-five dollars, 


2,235 00 


• 


$44,715 00 



SUFFOLK COUNTY. 



Boston, 

Chelsea, 
Revere, 
Winthrop, . 


Five hundred and lifty-five thou- 
sand eight hundred and seventy 
dollars, 

Fifteen thousand dollars. 

Two thousand seven hundred dol- 
lars, 

One thousand seven hundred and 
twenty-five dollars, . 


$555,870 00 
15,000 00 

2,700 00 
1,725 00 




$575,295 00 



1886. — Chapter 345. 



341 





WORCESTER COUNTY. 




Worcester 
County. 


Ashburnham, 


Eight hundred and ten dollars, 


$810 00 




Athol, . 


Two thousand one hundred and 








forty-five dollars, 


2,145 00 




Auburn, 


Four iiundi-ed and twenty dollars. 


420 00 




Barre, . 


One thousand one hundred and 








seventy dollars. 


1,170 00 




Berlin, . 


Four hundred and five doUai's, 


405 00 




Blackstone, . 


One thousand nine hundred and 








fifty dollars, .... 


1,950 00 




Bolton, 


Four hundred and twenty dollars. 


420 00 




Boylston, 


Four hundred and five dollai's. 


405 00 




Brookfield, . 


One thousand and ninety-five dol- 








lars, 


1,095 00 




Charlton, . 


Eight hundred and ten dollars. 


810 00 




Clinton, 


Four thousand two hundred and 








sixty dollars, .... 


4,260 no 




Dana, . 


Two hundred and fifty-five dollars, 


255 00 




Douglas, 


Eight hundred and fifty-five dol- 








lars, 


855 00 




Dudley, 


Seven hundred and ninety-five dol- 








lars, 


795 00 




Fitchburg, . 


Ten thousand three hundred and 








eighty dollars, .... 


10,380 00 




Gardner, 


Two thousand eight hundred and 








eighty dollars, .... 


2,880 00 




Grafton, 


One thousand nine hundred and 








thirty-five dollars, 


1,935 00 




Hardwick, . 


One thousand one hundred and 








twenty-five dollars, . 


1,125 00 




Harvard, 


Eight hundred and fifty-five dol- 








lars, 


855 00 




Holden, 


Eight hundred and forty dollars. 


840 00 




Hubbardston, 


Six hundred and fifteen dollars, . 


615 00 




Lancaster, . 


Two thousand two hundred and 








twenty dollars, .... 


2,220 00 




Leicester, 


One thousand six hundred and 








twenty dollars, .... 


1,620 00 




Leominster, 


Three thousand two hundred and 








fifty-five dollars, . . 


3,255 00 




Lunenburg, . 


Five hundred and seventy dollars, 


570 00 




Mendon, 


Four hundred and ninety-five dol- 








lars, 


495 00 





342 



Worcester 
Couniy. 



1886. — Chapter 345. 

WORCESTER COUNTY— Continued. 



Milford, 


Four thousand six hundred and 






thirty-five dollars, 


$1,635 00 


Millbury, 


One thousand eight hundred dol- 






lars, 


1,800 00 


New Braintree, . 


Three hundred and forty-five dol- 






lars, ...... 


84.5 00 


Northborough, . 


Nine hundred and sixty dollars, . 


960 00 


Northbridge, 


Two thousand three hundred and 






seventy dollars, .... 


2,370 00 


North Brookfield, 


One thousand six hundred and 






five dollars, .... 


1,605 00 


Oakham, 


Two hundred and eighty-five dol- 






lars 


285 00 


Oxford, 


One thousand one hundred and 






forty dollars, .... 


1,140 00 


Paxton, 


Two Jiundred and twenty-five dol- 






lars, 


2-25 00 


Petersham, . 


Four hundred and eighty dollars, . 


480 00 


Phillipston, . 


Two hundred and twenty-five dol- 






lars, 


225 00 


Princeton, . 


Seven hundred and five dollars, . 


705 00 


Royalston, . 


Six hundred and sixty dolhirs. 


660 00 


Rutland, 


Three hundred and ninety dollars, 


390 00 


Shrewsbury, 


Eight hundred and forty dollai's, . 


840 00 


Southborough, 


One thousand two hundred and 






forty-five dollars, 


1,245 00 


Southbridge, 


Two thousand seven hundred and 






fifteen dollars, .... 


2,715 00 


Spencer, 


Three thousand four hundred and 






thirty-five dollars. 


3,435 00 


Sterling, 


Seven hundred and sixty-five dol- 






lars 


765 00 


Sturbridge, . 


Eight hundred and ten dollars. 


810 00 


Sutton, 


One thousand and sixty-five dol- 






lars, 


1,065 00 


Terapleton, . 


One thousand and twenty dollars. 


1,020 00 


Upton, . 


Seven hundred and thirt3'-five dol- 






lars 


735 00 


Uxbridge, . 


One thousand six hundred and 






fifty dollars, .... 


1,650 00 


Warren, 


One thousand nine hundred and 






thirty-five dollars, 


1,935 00 


Webster, 


Two thousand one hundred and 






seventy-five dollars, . 


2,175 00 



1886. — Chatter 345. 

WORCESTER COUNTY — Concluded. 



343 



WorccBter 
Couuly. 



Westborough, 
West Boylston, 
West Brookfioia, 
Westminster, 
Winchendon, 
Worcester, . 



Two Uionsand one hundred and 

sixty dollars, .... 

Nine hundred and sixty dollars, . 

Seven hundred and five dollars, . 

Six hundred and sixty dollars. 

One thousand seven hundred and 
ten dollars, .... 

Forty-six thousand and thirty-five 
dollars, 



RECAPITULATION. 



Barnstable Co., 
Berkshire Co., 
Bristol Co., . 
Dukes Co., . 
Essex Co., . 
Franklin Co., 
Hampden Co., 
Hampshire Co., 
Middlesex Co., 

Nantucket Co., 
Norfolk Co., 
Plymouth Co., 
Suflfolk Co., . 

Worcester Co., 



Fifteen thousand eight hundred 
and ten dollars, .... 

Thirty-two thousand five hundred 
and eighty dollars, 

Ninety-six thousand eight hundred 
and seventy dollars, . 

Two thousand six hundred and 
seventy dollars, 

One hundred and fifty-six thou-^and 
four hundred and twenty dollars, 

Fifteen thousand three hundred 
and forty-five dollars. 

Sixty-eight thousand one hundred 
and ninety dollars. 

Twenty-two thousand eight hun- 
dred and thirty dollars. 

Two hundred and forty-nine thou- 
sand four hundred and ninety- 
five dollars, .... 

Two thousand three hundred and 
twenty-five dollars, . 

Eighty-eight thousand four hun- 
dred and twenty-five dollars. 

Forty-four thousand seven hundred 
and fifteen dollars. 

Five hundred and seventy-five 
thousand two hundred and nine- 
ty-five dollars, .... 

One hundred and twentj'-nine 
thousand and thirty dollars. 



$2,160 00 
9G0 00 

705 00 

660 00 

1,710 00 
46,035 00 



$129,030 00 



Recapitulation 
by counties. 



$15,810 00 
32,580 00 
96,870 00 
2,670 GO- 

156,420 00 
15,345 00 
68,190 00 
22,830 00 

249,495 00 

2,325 00 

88,425 00 

44,715 00 

575,295 00 
129,030 00 



$1,500,000 00 



344 188G. — Chapter 345. 

SramJnweI[Sf Section 2. The treasurer of the Commonwealth shall 
raiitsr^"' forthwith send his warrant, directed to the selectmen or 
assessors of each city or town taxed as aforesaid, requir- 
ing them respectively to assess the sum so charged, 
according to the provisions of chapter eleven of the 
Public Statutes, and to add the amount of such tax to the 
amount of town and county taxes to be assessed by them 
respectively on each city and town. 
i^ctmenorat SECTION 3. The trcasurcr of the Commonwealth in 
Bossors 10 issue his Warrant shall require the said selectmen or assessors 

■warrants to city . . n i • 

ortowutreas- to pay, or issuc Severally their warrant or warrants re- 
quiring the treasurers of their several cities or towns to 
pay, to the treasurer of the Commonwealth, on or before 
the tenth day of December in the year eighteen hundred 
and eighty-six, the sums set against said cities and towns 
in the schedule aforesaid ; and the selectmen or assessors 
respectively shall return a certificate of the names of the 
treasurers of their several cities and towns, with the sum 
which each may be required to collect, to the treasurer of 
the Commonwealth, at some time before the first day of 
October in the year eighteen hundred and eighty-six. 
iTr°erTofdei7rf-^" SECTION 4. If the auiouut duc fi'om any "city or town, 
quent cities and as providcd xu this act, is not paid to the treasurer of the 

towns. ^^ '■ ,, • I • ^ • ..Ti 

Commonwealth within the time specifie'd, 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-six ; and if the same 
remains unpaid after the first day of January in the year 
eighteen hundred and eighty-seven, an information may 
be tiled 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- waiTaut of distrcss mav issue ao;ainst such city or town, 

tress may issue. . ^ ., ^.••i^ i i i- 

to enforce the payment ot said taxes under such penalties 
as said court or the justice thereof before whom the hear- 
ing is had shall order. 

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

Approved June 30, 18S6. 



1SS6. — Chapter 346. 345 

An Act ix relation to gas companies. Chc(p.S4iQ 

Be it enacted, etc., asfolloios: 

Section 1. Every uas company shall have an office in Tohaveanofflce 

1 • • 1 •' 1 •■ 1 1 i 1 1 1 11 ■" ^^''y or town 

the city or town m which its works are located and snail where works 

keep in said office all the books and papers now required ^''^ '"'=^^'^^- ^ 

by law to be kept within the Commonwealth, and also f^S / % V }>^^^/^ 

such books as may be required to show its receipts and ^ rf' 

expenditures, and its indebtedness and tinancial condition ; ^ rr-y"> ^ J' ^ ^ 

and shall at all times, upon application, submit its books ' 

to the inspection of the board of gas commissioners. 

Section 2. Commencing on the first day of July in Books, etc., to 

., •!, 1 iii-ii- be kept in form 

the 3'ear eighteen hundred and eighty-six every company prescribed by 
engaged in the manufacture and sale of gas shall keep its ^kfne^s!""* 
books ;ind accounts in a form to be prescribed by the board 
of gas commissioners, and the accounts shall be closed on 
the thirtieth day of June in each year, so that a balance 
sheet of that date can be taken therefrom and. included in 
the return required by section seven of chapter three hun- 
dred and fourteen of the acts of the year eighteen hundred 
and eighty-five, which return shall be for the year ending Time of making 
the thirtieth day of June and shall be made to the board '■^^"'■"'• 
of gas commissioners on or before the second Wednesday 
of September in each year : provided, that the return for provisos. 
the current year shall include the period from the first 
day of July in the year eighteen hundred and eighty-five 
to the thirtieth day of June in the year eighteen hundred 
and eighty-six inclusive ; and provided, also, that manu- 
facturing companies in which the manufacture of gas is a 
minor portion of their business shall only be required to 
keep accounts of the expenses and income of their gas 
business. The board of gas commissioners shall prepare G.isroramis- 
such abstracts of the returns as it shall deem expedient, pTeTibsu-acTof 
and shall transmit said abstracts, together with its annual '•etums, etc. 
report to the secretary of the Commonwealth on or before 
the first Wednesday of January in each year to be laid 
before the general court. Fifteen hundred copies of said 
document shall be printed for publication and distribution 
as one of the series of public documents. 

Section 3. No gas company, unless specially author- Bonds not to be 
ized by the legislature, shall hereafter issue any bonds at thlTpar value, 
less than the par value, nor for an amount exceeding its "n exce8s"of""' 
capital actually paid in, and applied to the purpose of its capital paid in. 
incorporation. The proceeds of all bonds issued shall be 



346 1886.— Chapter 346. 

applied to the payment of obligations incurred for the 
enlargement or extension of the works and the purchase 
of real estate for the use of the company or for the pay- 
ment of liabilities existing at the time of the passage of 
this act. A company may, upon vote of a majority in 
interest of its stockholders, at a meeting duly called for 
the purpose, issue bonds, in accordance with the provi- 
Nottohenrin- sious of this scctlou, to bear interest at not exceeding: six 

tercBt exceeding . , /• • 

six per cent. per ccut. per annum, and m.'iy secure the payment ot prm- 

cipal and interest which shall accrue, by a morlg;)ge of its 

franchise and other property, 

?ranchil""*^''' Section 4. No gas company shall transfer its fran- 

etc, wkiiout chise, lease its works, or contract with any person, 

authority of ' . . ^ . i -.i 

ugisijiture. associatiou or corporation to carry on its works, without 

the authority of the legislature. 
May be com Section 5. Upou the j^etition in writinj? of any person 

pelled to furnish ,, .,' ^ n ^ • .^.-^^ 

gas to prisons of WHO lias a rcsKleuce or phice ot business in a city or town 

place where the „i . i-^i r^ ii 

sameismanu- whcrc a compaiiy IS engaged in the raanutacture and sale 
facuiredanj ^^^ g.^g f^j. ]igijti,jg qj. f^jj. f^,g]^ ,^jjj yy^^Q jg aggrieved by 

the refusal or neglect of such company to supply him with 
gas, the board of gas commissioners shall have authority 
to issue an order directing and requiring such company to 
supply such person with gas for either of said purposes, 
upon such terms and conditions as are legal and reasona- 
ble. Said board shall not issue its order under this sec- 
tion except after a notice to such company, directing it to 
appear at a time and place therein named, to show cause, 
if any there be, why the prayer of such petition should 
not be granted. 
Meters to resis. SECTION 6. AftcF the thirty-first day of December of 

ter gas in cubic " ,, 

feet. the current year, all meters used for measuring gas sup- 

plied to consumers shall register the quantity of gas pass- 
ing through them, in cubic feet, so that the number of 
cubic feet of gas consumed can be easily ascertained by 
the consumer of such gas ; and no meter shall be used 
that may confuse or deceive the customer as to the num- 
ber of cubic feet of gas he has consumed, or as to the price 

No rentfor \^q pays for the saiiic per thousand cubic feet, and no rent 

meter if gas 18 i ii i i t • /> i 

used to v!<iue of shall bc chai'ged for use of meter when the consumer uses 

seven dollars a . , , ,. in 

year. gas to the vaiuc or seven dollars in any one year. 

Construction of SECTION 7. In tho coustruction of this chapter, of 
chapter sixty-one of the Public Statutes, and of chapter 
three hundred and fourteen of the acts of the year eighteen 
hundred and eighty-live the terms "gas company" and 



188G. — CiiArTER 347. 347 

" corporation" shall iiuliRle all persons owning or operat- 
ing works for the manufacture and sale of gas for heating 
or illuminating purposes within the Commonwe<ilth. 

Skctiox 8. AH acts and pirtsof acts inconsistent with Repeal. 
the })r()visions of this act are hereby repealed. 

Section 9. This act shall take effect upon its passage. 

Approved June 30, 1886. 

An Act to e>^able the city of Gloucester and town of (JJian.3^7 

UOCKPORT TO SELL AND CONVEY TIIEIK TOWN LANDINGS. 

Be it enacted, etc., as follows: 

Section 1. The citv of Gloucester and the town of f^-^J.'',!'';,^''': 
Rockport may respectively sell and convey all their right, 
title and interest in any lands within the limits of either, 
which are common to the inhabitants of both, and known 
as town landings, and the common rights of the inhabi- 
tants therein : provided, the same shall tirst be authorized of'tifouceBier" 
by a majority of the voters of said city of Gloucester 
l)resent and voting thereon at a legal meeting called in 
their several wards by the mayor and aldermen of said 
city not less than seven days before said meeting, which 
may be held at the same time and places as its annual 
municipal election, or may be a meeting called specially 
for that purpose as aforesaid, at which meeting the check 
list shall he used ; and provided, also, that the same shall subject to vote 

/•I 1 • 1 • i-i • • /• 1 of liockport. 

nrst l»e authorized, in hke mjinner, by a majority or the 
voters of said town of Rockport present and voting 
thereon at a legal meeting called for that purpose by the 
selectmen of said town not less than seven days before 
said meeting, which may be at the same time and place as 
its annual town meeting, or a meeting specially called for 
that purpose as aforesaid. 

Section 2. The warrant for notifying such meetings Times of open- 
if called specially as aforesaid shall specify when the polls ponrto be"""'' 
shall be opened for the purpose of voting and when they ^tjj ted in war- 
shall l)e closed. 

Section 3. The vote shall be by written or printed votebybaiiot; 

Yt-'S or no* 

ballot and shall be Yes, or No, in answer to the following 
question, " Shall the town landings be sold ? ", and said 
city and said town shall respectively provide suitable 
ballots for the voters of each to be used in voting on said 
question. 

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

Approved June 30, 1886. 



318 



1886. — Chapter 348. 



C/iff/?.348 ^N ^CT TO DIVIDE THE COMMONWEALTH INTO EIGHT DISTRICTS 

FOR THE CHOICE OF COUNCILLORS. 

Be it enacted, etc., as follows: 

Sectiox 1. For the purpose of choosing councillors 
until the next decennial apportionment, the Common- 
wealth is hereby divided, agreeably to the provisions of 
the constitution, into eight districts, as hereinafter speci- 
fied. 

Section 2. The Cape, the first and second Plymouth 
and the second and third Bristol senatorial districts shall 
constitute a district, to be known as the first councillor 
district. 

Section 3. The first Bristol, the first and second 
Norfolk and eighth and ninth Suffolk senatorial districts 
shall constitute a district, to be known as the second 
councillor district. 

Section 4. The first and second Suffolk and the first, 
second and third Middlesex senatorial districts shall con- 
stitute a district, to be known as the third councillor 
district. 

Section 5. The third, fourth, fifth, sixth and seventh 
Suffolk senatorial districts shall constitute a district, to be 
known as the fourth councillor district. 

Section 6. The first, second, third, fourth and fifth 
Essex senatorial districts shall constitute a district, to be 
known as the fifth councillor district. 

Section 7. The sixth Essex and the fourth, fifth, 
sixth and seventh Middlesex senatorial districts shall con- 
stitute a district, to be known as the sixth councillor 
district. 

Section 8. The first, second, third and fourth 
Worcester and the Worcester and Hampshire senatorial 
districts shall constitute a district, to be known as the 
seventh councillor district. 

Section 9. The Franklin, first and second Hampden, 
Berkshire, and Berkshire and Hampshire senatorial districts 
shall constitute a district, to be known as the eighth 
councillor district. 

Section 10. This act shall take effect upon its passage. 

Approved Jane 30, 1886. 



Councillor dis 
tricts estab- 
lished. 



First district. 



Second district. 



Third district. 



Fourth district. 



Fifth district. 



Sixth district. 



Seventh district. 



Eighth district. 



1886. — Chapter 349. 349 



An Act to autiiortze the avoburn gas light company to CliCip.o4S) 

FURNISH electric LIGHT. 

Be it enacted, etc., as folloivs : 

Section 1. The Wobiirii Gas Light Company, in addi- J^'^^^^.^^Zy 
tion to the rights and iiowers conferred npon it by its furrmh wobum 

rP . .1 1 • 1 i J? ^^"'^ electric 

original act of incorporation, is hereby authorized to tur- ligbt. 
nish the inhabitants of the town of Woburn with electric 
light. 

"Section 2. The said corporation, first having obtained ^romui! undpr 
the consent in writing of the selectmen of the said town, direction of the 

I'll T • 1 A^ \ c selectmen. 

is hereby authorized, under the direction and control oi 
the said selectmen to dig up and open the grounds in any 
of the streets and highways thereof, so far as is necessary 
for the purpose of laying lines of wire tc carry into effect 
the authority hereby given, and for the purpose of keep- 
ing the said lines in repair ; and to erect and maintain lines Mny erect and 

,P • 1 .1 n c ' ^ L I. 1 maintain lines of 

01 WMre upon or above the surface ot said streets and wire. 
highways. 

Section 3. The selectmen of said town may regulate, selectmen to 

•, 111 t t • c • t i.- regulate acts, 

restrict and control all acts and doings oi said corporation etc., of corpora- 
which may in any manner affect the health, safety, con- 
venience or property of the inhabitants of said town ; but 
such consent shall not affect the right or remedy to recover 
damages for an injury caused to persons or property by 
the doings of said corporation under the authority herein 
given. The said corporation shall put all streets and j^|,''o good re-^"' 
highways which are opened into as good repair as they i""''- 
were in when opened, and upon failure so to do within a 
reasonable time shall be deemed guilty of a nuisance. 

Section 4. When a party injured in his person or Recovery of 
property by a defect in a street or highway, caused l)y the f.^Mnfury'trom 
operations of said corporation in laying down, erecting, ^'■[^^t m high- 
raaintaiuiug or repairing its lines of wire, or otherwise ob- 
structing such street or highways, recovers damages 
therefor of the town wherein such injury is received, such 
town shall, in addition to the damages so recovered 
against it, be entitled to recover all the taxable costs of 
the plaintiff and defendant in the same action, in a suit 
brought against said corporation, if said corporation be 
liable fur said damages, and if reasonable notice is given 
by such town to it, so that it may defend the original 
action. 



350 



1886. — Chapter 350. 



Station for pas- 
peiigers at 
Foit-Bt Avenue 
Station. 



dutTw"''"'^ Section 5. Except as hereinbefore expressly pro- 

vided, said corporation shall have all the powers and priv- 
ileges, and be snbject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or 
hereafier may be in force relating to electric light com- 
panies. 

Section 6. This act shall take effect upon its passage. 

Approved June 30., 1886. 

CJlCin.350 ^^ ^^^ ^^ RELATION TO TnE STATION OF THE NEW YOUK AND 
NEW ENGLAND KAILKOAD IN BOSTON, CALLED FOKEST AVENUE 
STATION. 

Be it enacted, etc., asfuUoivs: 

Section 1. The board of railroad commissioners is 
hereby authorized, upon the petition of twenty legal voters 
of the city of Boston, after due notice to the New York 
and New England Railroad Company and such hearing as 
said board shall deem expedient, if in the judgment of 
said commissioners the duties and obligations of said com- 
pany or the public exigency require it, to order the said 
company to construct within three months from the date 
of said order and thereafter to maintain upon its railroad 
at or near Forest Hills avenue in said Boston, at a place 
called Forest Avenue Station, a station house reasonably 
commodious, and furnished for the use of passengers ; and 
also to stop at Forest Avenue Station both before and 
after the erection of said station house a specified portion 
of its passenger trains. And if it becomes necessary for 
said company, in carrying out such order, to take land 
without agreement with the owner or owners thereof, it 
shall be taken under the provisions of law relating to the 
taking of land for railroad tracks. 
8..T. c.in Section 2. In case of the neglect or refusal of said 

f m'c.^o'h Jl e o "' company to comply with and fulfil any of the require- 
ments of said order, a copy of which shall be delivered 
by said board to the president or some other officer of 
said company within ten days from its date, the supreme 
judicial court or any justice thereof sitting in equity in 
any county shall have full powa^r forthwith to make and 
issue such orders and decrees in the premises as may be 
necessary to compel specific performance of the terms of 
said order by said company, and for every month's delay 
or refusal on the part of said company to comply with 
and fulfil any of the requirements of said order, said com- 



commi8Bioi:eis. 



1886. — Chapter 351 . 351 

pany shall forfeit and pay the sum of five hiinilrpd dollars Penalty. 
to be recovered in an action of tort to be brought by the 
attorney-general, or the district attorney of the county of 
Suffolk, to the benefit of the Commonwealth. 

Section 3. Until the board of railroad commissioners Four trains to 

. , 1 -J • 1 1 i' stop each way 

shall exercise the authority given them under section one daiijumii com- 
of this act, the said railroad company shall cause to be '"""'^o""* '^='- 
stopped at said Forest Avenue Station at least four of its 
passenger trains each vs^ay daily. 

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

Aj)prov€d Jane 30, 18SG. 

An Act to confirm certain agreements for a supply of (77ia».351 

WATER -BETWEEN THE CITY OF BOSTON AND THE CITIES OF SOM- 
ERVILI.E AND CHELSEA, AND THE TOWN OF EVERETT. 

Be it enacted, etc., as follows: 

Section 1. The agreement signed by the Somorvillo Agreements 
Mystic water board claiming to act for the city of Somer- 
ville, and by the Boston water board claiming to act for 
the city of Boston, the agreement signed by the water 
commissioners of Chelsea claiming to act for the city of 
Chelsea, and by the Boston water board claiming to act 
for the city of Boston, and the agreement signed by the 
water committee of the town of Everett claiming to act 
for the town of Everett, and by the Boston water board 
claiming to act for the city of Boston, all said agreements 
to take effect on the first day of July in the year eighteen 
hundred and eighty-six, and all being for a supply of 
water to be furnished by the city of Boston to the above 
named places and their respective inhabitants, are hereby 
ratified and confirmed as contracts between said city of 
Boston and said other cities and town as named in said 
agreements. 

Section 2. Whenever any petition is presented to the commissioners 
supreme judicial court for the appointment of commis- pointed by the 
sioners as provided in section twelve of each of said agree- '=°"'^'- 
raents, the said court may appoint commissioners and act 
upon their award as therein provided. 

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

Approved June 30, 1886. 



352 



188G. — Chapters 352,353. 



Compengation 
of members of 
the leg slature. 



Water p\ipply 
for Fall liner. 



Chcip.3D2 ^^ ^^"^ PROVIDING FOR THE COMPENSATION OF MEMBERS OF THE 

LEGISLATURE. 

Be it enacted, etc., as follows: 

Section 1. Each member of the senate and house of 
representatives shall receive seven hundred and fifty dol- 
lars for the regular annual session for which he is elected 
and one dollar for every five miles travel from his place 
of abode, once in each session to the place of the sitting 
of the general court ; and the president of the senate and 
the speaker of the house shall receive double the compen- 
sation provided for members, except for travel. 

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

Approved June 30, 1886. 

Ch(in.353 ^^ -^^^ ^^ relation to the WATER SUPPLY OF THE CITV OF 

FALL RIVER. 

Be it enacted, etc., as folloivs : 

Section 1. The right is hereby granted to the city of 
Fall River to draw daily from the North "\Vatui)pa pond, 
not exceeding one million live hundred thousand gallons 
of water, in addition to the amount of water already con- 
demned by said city under the provisions of chapter one 
hundred and thirty-three of the acts of the year one thou- 
sand eight hundred and seventy-one ; and without liability 
to pay any other damages than the state itself would be 
legally liable to pay. Parties holding in re^^pect of said 
pond any privileges or grants heretofore made and liable 
to revocation or alteration by the state, shall have no claim 
against said city in respect of water drawn under this 
grant; but no water shall be taken under this act until 
the city shall so elect by a vote of its city council and 
shall have recorded a copy thereof in the registiy of deeds 
for the northern district of the county of Bristol, and 
thereupon the quantity of water named in such vote shall 
be considered as taken and withdrawn from the waters of 
said pond for the purposes named in this act. 

Section 2. Any privileges heretofore enjoyed in re- 
spect of said pond, are, so far as they are inconsistent 
with this act, hereby annulled. 

Section 3. The city of Fall River may apply the 
water taken under this act to all domestic uses, the extin- 
guishment of tires, and to the public uses of the city ; but 



Snbject to vote 
of the city 
couuciL 

Copy of vote to 
be reoorded in 
registry of 
deeds. 



Privileges 
annulled. 



May U8G water 
for extinuuish- 
Bient of lires, 
etc. 



1886. — CHArxER 354. 353 

this limitation shall not aflfect the use of one million five 
hundred thousand orallons of water daily, heretofore con- 
demned by said city under the provisions of chapter one 
hundred and thirty-three of the acts of the year one thou- 
sand eight hundred and seventy-one. 

Section 4. Any provisions in said chapter one hun- Repeal. 
dred and thirty-three of the acts of the year one thousand 
eight hundred and seventy-one inconsistent with the pro- 
visions of this act are hereby repealed. 

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

IThis bill, returned by the Oovernor to the Senate in which it origi- 
nated, ivith his objections thereto, was passed in concurrence by the 
Senate and House of Representatives, the objections of the Oovernor 
notwithstanding, June SO, 1886, in the manner prescribed by the 
Constitution, and thereby had the '■'■force of a tow."] 



An Act to establish the office of fire marshal of the 

CITY of boston. 



Chap.m^ 



Be it enacted^ etc., as follows: 

Sectiox 1. The governor of the Commonwealth by Fire miirshai to 
the advice and with the consent of the council shall ap- thVIJ'v^Jrnor. ^ 
point an officer to be known as the fire marshal of the city 
of Boston, who shall be a citizen of said city, to hold 
office for a term of three years from the date of his ap- 
pointment, or until his successor is appointed. Said fire 
marshal may be removed at any time by the governor. 

Section 2. It shall be the duty of said fire marshal P"'''^so^t'i« 

. T . . « tire marshal. 

to examine into the cause, circumstances and origin of 
fires occurring within the municipal district of Boston, 
by which any building, ve^^sels, vehicles or any valuable 
personal property shall be accidentally or unlawfully 
burned, destroyed, lost or damaged wholly or partially ; 
and to specially examine and decide whether the fire was 
the result of carelessness or the act of an incendiary. 
The said fire marshal shall, when in his opinion said pro- 
ceedings are necessary, take the testimony on oath of all 
persons supposed to be cognizant of any facts or to have 
means of knowledge in relation to the matters herein re- 
quired to be examined and inquired into, and cause the 
same to be reduced to writing, verified and transmitted 
to the district attorney of the county of Suffolk, and to 
the board of fire commissioners of the city of Boston. 
Said fire marshal shall report in writing to the owners of 
property, or other persons interested in the subject matter 






1886. — Chaptee 354. 



May subpcBna 
witnesses and 
compel their 
attendance. 



May enter upon 
and examine 
premises. 



Salary. 



Duty of board 
of tire commis- 
Bioners. 



of investigation, any facts and circumstances which he 
may have ascertained by such inquiries and investigation 
which shall in his opinion require attention from said per- 
son or persons, and it shall be the duty of said lire 
marshal, Avhenever he shall be of opinion that there is 
evidence sufficient to charge any person with the crime of 
arson, to cause such person to be arrested and charged 
with such offence, and furnish to the district attorney all 
the evidences of guilt, with the names of witnesses and 
all the information obtained l)y him, including a copy of 
all pertinent and material testimony taken in the case ; 
and he shall specially report to the board of fire commis- 
sioners, as often as such board shall require, his proceed- 
ings and the progress made in all prosecutions for arson, 
and the result of all cases which are finally disposed of. 

Section 3. The fire marshal shall have power to 
subpoena witnesses and to compel their attendance before 
him in like manner and effect as trial justices to testify in 
relation to any matter which is, by the provisions of this 
act, a subject of inquiry and investigation by the said fire 
marshal. The saicl fire marshal shall l)e and is hereby 
authorized to administer and verify oaths and affirmations 
to persons appearing as witnesses before him, and false 
swearing in any matter or proceeding aforesaid shall be 
deemed perjury and shall be punishable as such. The 
said lire marshal shall have authority, at all times of the 
day or night, in performance of the duties imposed by the 
provisions of this act, to enter upon and examine any 
building or premises where any fire shall have occurred, 
dnd the buildings and premises adjoining and nciU' to that 
in which the fire occurred. 

Section 4. The compensation of the fire marshal 
shall be a salary of three thousand dollars per annum, 
which shall be paid in monthly instalments by the treas- 
urer of the city of Boston. Such salary and all expenses 
incurred by said fire marshal in making inquests for the 
purpose of determining the origin of tires, shall be in- 
cluded in the exp