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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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,

Page

21
21
30, 35
28
26

35, 36

40, 41

39, 45

30, 43

7
20, 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

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

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

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

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

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

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

Fines, excessive, not to be imposed, 9

Frame of government, 9

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

general court or council, 40

Fundamental principles of the constitution, a frequent recurrence to,

recommended, 8

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

freedom of speech and debate in,

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

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

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

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

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

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

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

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

21
21

20
21, 34
34
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

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, .... 0

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

Public notary (see Notary public).

Public religious worship, right and duty of, 4

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

Quakers, may make affirmation, 30, 35

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

the legislature, 31

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

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

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

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

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

University at Cambridge, 26, 27, 28, 46

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

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

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.

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. ''^'"^^'

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.

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

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.

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-

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.

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.'^'^'"^''^^'

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:

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.

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.

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

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

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-

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.

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.

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 •^'"^-

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.

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

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.

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.

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

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

Brewster,

242

614,926 00

Chatham,

573

772,539 00

Dennis, .

799

1,436,351 00

Eastham,

176

• 239,590 00

Falmouth,

683

4,2.57,570 00

2 18

Harwich,

827

1,073,902 00

Mashpee,

131,761 00

Orleans, .

337

593,457 00

Provincetown,

1,363

2,174,354 00

1 22

Sandwich,

532

1,045,719 00

Truro, .

262

282,464 00

Wellfleet,

478

980,189 00

Yarmouth,

505

1,690,212 00

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

Becket, .

289

388,701 00

Cheshire,

351

754,179 00

Clarksburg, .

170

186,836 00

Dalton, .

459

1,748,421 00

Egremont,

240

441,855 00

Florida, .

142

170,891 00

Great Barrington,

1,204

3,050,954 00

1 64

Hancock,

168

439,101 00

Hinsdale,

405

759,864 00

Lanesborough,

296

658,522 00

Lee,

1,004

2,096,156 00

1 14

Lenox, .

537

1,662,691 00

1886. — Chapter 73.

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,

104,504 00

New Asbfnrd,

80,651 00

New Marlborough,

392

640,585 00

North Adams,

3,007

5,2G0,266 00

2 91

Otis,

189

210,093 00

Peru,

106

119,065 00

Pittsfieid,

3,760

9,264,977 00

4 98

Richmond,

207

500,379 00

Sandistield,

265

386,299 00

SavoT,

180

183,363 00

Sheffield,

530

948,009 00

Stockbridge,

535

2,861,779 00

1 47

Tvringham,

130

236, .371 00

Washington,

131

200,494 00

West Stockbridge, .

417

740,235 00

Williamstown,

771

1,764,811 01)

Windsor,

165

210,153 00

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

Dartmouth,

797

2,303,455 00

1 22

Dightou, .

450

822,106 00

Easton, .

1,039

4,221,780 00

2 20

Fairhaven,

753

1,658,566 00

Fall River,

14,066

44,543,671 00

23 53

Freetown,

390

991, .321 00

Mansfield,

735

1,172,618 00

New Bedford,

8,349

34,583,227 00

18 01

Norton, .

431

819,967 00

Raynhara,

393

1,042,795 00

Rehoboth,

477

733,031 00

Seekonk,

303

715,675 00

Somerset,

691

1,270,647 00

Swanzey.

362

787,722 GO

Taunton,

5,998

17,542,206 00

9 31

Westport,

656

1,469,669 00

Total,

39,346

$122,088,344 00

$64 58

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

2 04

6 88

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.

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

Buckland,

486

613,085 00

Charlemont,

285

336,680 00

Colniiu, .

395

586,625 00

Conway, .

387

752,112 00

Deerfield,

802

1,272,248 00

Ervino;, .

281

325,910 CO

Gill,

241

449,011 00

Greenfield,

1,288

3,761,621 00

2 00

Hawley, .

168

149,435 00

Heath, .

153

165,803 00

Leverett,

237

290,004 00

Leyden, .

108

207,835 00

Monroe, .

42,826 00

Montague,

1,400

2,985,808 00

1 62

New Salem,

232

304,376 00

Northfield,

435

708,229 00

Orange, .

1,148

2,115,766 00

1 17

Rowe,

180

193,117 00

Shelburne,

448

871,421 00

Shutesbury,

125

148,377 00

Sunderland,

208

434,243 00

Warwick,

186

293,076 00

Wendell,

149

190,843 00

Whately,

275

481,142 00

Total,

•

10,219

118,521,516 00

$10 23

HAMPDEN COUNTY.

Agawam, ....

609

$1,311,445 00

$0 71

Blandford,

245

357,791 00

Brimfield,

314

514,774 00

Chester, .

400

507,968 00

Chicopee,

2,279

6,004,503 00

3 21

Granville,

325

353,359 00

Hampden,

239

408,389 00

Holland, .

113,863 00

Holyoke,

6,451

16,921,471 00

9 05

Longmeadow,

512

1,175,530 00

Ludlow, .

348

780,070 00

Monson, .

834

1,643,669 00

Montgomeiy,

132,419 00

Palmer, .

1,3.50

2,621,839 00

1 44

Russell, .

202

468,086 00

Hampden
County.

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

Wales, .

235

285,165 00

West Springfield,

1,151

3,,355,307 00

1 78

Westfield,

2,310

6,768,877 00

3 59

Wilbraham, .

388

728,570 00

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

Chesterfield, .

207

298,477 00

CuramingtoD, .

208

315,043 00

Easthanipton, .

859

2,527,495 00

1 34

Enfield, .

290

734,794 00

Goshen, .

134.383 00

Granby, .

206

484,192 00

Greenwich,

155

354,286 00

Hadley, .

481

1,197,678 00

Hatfield, .

371

1,019,443 00

Huntington, .

326

483,214 00

Middlefield, .

126

330,479 00

Northampton,

2,945

9,085,134 00

4 81

Pelham, .

144

164,668 00

Plainfield,

136

148,796 00

Prescott, .

133

178,097 00

South Hadley,

928

1,789,051 00

Southampton, .

268

499,883 00

Ware,

1,372

3,217,297 00

1 73

Westhampton,

129

280,963 00

Williamsburg,

518

950,078 00

Worthington, .

221

327,223 00

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

Ashland,

706

1,370,165 00

Ayer,

618

1,209,608 00

Bedford, .

255

851,155 00

Belmont,.

454

3,444,399 00

1 76

Billerica,

522

1,835,481 00

1886. — Chapter 73.

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

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

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

Dux bury.

536

1,410,710 00

East Bridgewater,

793

1,596,545 00

Halifax, .

154

249,870 00

Hanover,
Hanson, .

526
360

1,268,542 00
614,008 00

68
34

1886. — Chapter 73.

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

Barre,

• 578

1,462,114 00

Berlin, .

254

492,106 00

Blackstone,

1,377

2,343,062 00

1 30

Bolton, .

255

517,267 00

Boylston,

187

499,884 00

Brookfield,

890

1,287,611 00

Charlton,

555

982,445 00

Clinton, .

1,957

5,329,252 00

2 84

Dana,

199

293,473 00

Worcester
County.

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

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

Harvard, .

341

1,071,965 00

Holden, .

637

1,006,357 00

Hubbardston,

409

735,259 00

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

Mendon, .

266

604,033 00

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

North Brookfield,

1,177

1,919,273 00

1 07

North borough,

498

1,193,603 00

Northbridge, .

1,030

2,969,979 00

1 68

Oakham, .

213

343,443 00

Oxford, .

683

1,394,456 00

Paxton, .

157

278,636 00

Petersham,

287

689,769 00

Phillipston,

163

274,632 00

Princeton,

314

875,809 00

Royalston,

340

809,311 00

Rutland, .

256

464,099 00

Shrewsbury,

429

1,042,445 00

South borough,

565

1,560,838 00

Southbridge,

1,511

3,331,140 00

1 81

Spencer, .

1,957

4,216,985 00

2 29

St-erling, .

370

942,752 00

Sturbridge,

499

984,082 00

Sutton, .

709

1,289,235 00

Templeton,

778

1,207,125 00

Upton, .

630

880,247 00

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

West Brookfield,

486

844,956 00

Westborough,

1,202

2,667.027 00

1 44

Westminster, .

447

806,677 00

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.

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.

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

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

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.

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

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.

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 -*

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

1886. — Chapter 192.

Nets not to be
used.

Boat, fish, etc.,
to be forfeited.

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

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.

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

1,710 00

1,320

195

00
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

4,680 00

885

6,855 00

2,190

5,745

1,725 00
480 00

21,315
2,040

00
00

1,290

2,955

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

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 expenses of the county of Suffolk.

Section 5. It shall be the duty of the board of fire
commissioners of the city of Boston, to supervise and
direct, whenever it shall be of opinion that the public
interests will be subserved thereby, the investigations,
examinations and proceedings of said fire marshal, and
make all needful and proper rules and regulations in rela-

1886. — Chapter 355. 355

tion to the duties of the office and the manner of pei form-
ing the same and to determine the necessary expenses and
to audit the accounts of said fire marshal.

Section 6. On the first of May of each year, on commonwealth

, . . /. 1 1 J. i.1 i. to reimburse

presentation oi proper vouchers and accounts, the treas- cuyof BuMon
iirer of the Commonwealth shall pay to the treasurer of nl^r'^JlJuI.^ °^
the city of Boston, the salary of the said fire marshal, and
the expenses incurred during the preceding calendar year,
in prosecuting his investigations in the manner above men-
tioned : provided, Jioioever, that the said payment made rroviso.
by the treasurer of the Commonwealth shall in no case ex-
ceed in amount twenty-five per cent, of the tax collected
by the Commonwealth on premiums received by insurance
companies for writing fire risks in the city of Boston
during the preceding calendar year.

Section 7. The fire marshal shall submit each year in
the month of May a detailed report of his official action
to the city council of the city of Boston.

Section 8. All acts inconsistent Avith this act are Repeal.
hereby repealed.

Section 9. This act shall take effect when accepted subject to ac

. •! /• 1 • f" T-j ceptance by trie

by the city council of the city of Boston. city council.

Approved June 30, 1886.

An Act making additional appropriations for the compen- ni^ftj) '\^^

SATION OF THE MEMBERS OF THE LEGISLATURE. ^

Be it enacted, etc., as follAvs :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated to be paid out of the treasury of the Common-
wealth from the ordinary revenue for the purposes
specified in chapter three hundred and fifty-two of the acts
of the present year.

For the compensation of senators, four thousand one Senators.
hundred dollars.

For the compensation of members of the house of rep- Ropresenta.
resentatives, twenty-four thousand one hundred dollars. ^^'"'^'

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

Approved June 30, 1886.

356

1886. —Chapter 356.

Appropriations

Chap.35G An Act in further addition to the several acts making ap-
propriations FOR EXPENSES AUTHORIZED THE PRESENT YEAR,
AND FOR CERTAIN OTHER EXPENSES AUTHORIZED Br LAW.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
and to meet certain other expenses authorized by law, to
wit : —

For William E. Cunningham, the sum of two hundred
dollars, as authorized by chapter fifty-four of the resolves
of the present year.

For increasing the number of cells at the state prison at
Boston, a sum not exceeding forty-five thousand dollars,
as autiiorized by chapter .fifty-five of the resolves of the
present year.

For the town of Ashland, the sum of two hundred and
sixty-six dollars and seventy-seven cents, as authorized
by chapter fifty-six of the resolves of the present year.

For the care of the rooms occupied by the bureau of
statistics of labor, a sum not exceeding five hundred dol-
lars, as authorized by chapter fifty-seven of the resolves
of the present year, being in addition to the two thousand
five hundred dollars appropriated in chapter nineteen of
the acts of the present year.

For Z. K. Harmon, the sum of eighty dollars, as author-
ized by chapter fifty-nine of the resolves of the present
year.

For certain improvements and repairs at the Massachu-
setts agricultural college at Amherst, a sum not exceeding
seven thousand dollars, as authorized by chapter sixty of
the resolves of the present year.

For Cynthia G. Melvin, the sum of two hundred and
twenty-one dollars and twenty- two cents, as authorized by
chapter sixty-one of the resolves of the present year.

For John F. Wallace, the sum of two hundred dollars,
as authorized by chapter sixty-two of the resolves of the
present year.

For the erection of hospital buildings at the state alms-
house at Tewksbury, a sum not exceeding seventy-five
thousand dollars, as authorized by chapter sixty-three of
the resolves of the present year.

William E.
Cunningham.

State prlBon.

Town of Ash-
laud.

Bureau of sta-
tistics ot labor.

Z. E. Harmon.

Aericultural
College.

Cynthia G.
Melvin.

John F. Wal-
lace.

State alms-
house.

1886. — Chapter 35G. 357

For Bonjiiniin C. Lincoln, the sum of two hundred and pe'ij^min c.

1 11 I'll • c Lincoln.

twenty-tour dolhirs, as authorized by chapter sixty- four
of the resolves of the present year.

For printing copies of a portion of the seventeenth re- Report of bu-

.r-ii I x'i.j.*i> c ^ ^ li' i. iiL. reaii of statiBtics

port ot the l)ureau ot statistics ot labor .relating to pront of labor.
sharing, a sum not exceeding one hundred dollars, as au-
thorized by chapter sixty-five of the resolves of the pres-
ent year.

For the town of Lee, the sum of three thousand dollars, Town of Lee.
as authorized by chapter sixty-six of the resolves of the
present year.

For William D. Dennis, the sum of four hundred dol- wniiamD.
lars, as authorized by chapter sixty-seven of the resolves
of the present year.

For painting a portrait of lieutenant-governor William Lieutenant.gov.

o cnior OumiutT.

Dummer, a sum not exceeding three hundred dollars, as
authorized by chapter seventy-one of the resolves of the
present j^ear.

For the town of Ludlow, the sum of sixty-five dollars TownofLud-
and eighty-two cents, as authorized by chapter seventy-
two of the resolves of the present year.

For the salary of the adjutant-general, the sum of five Adiutant-
hundred dollars, as authorized by chapter two hundred ^'^"*"'''''
and thirty-seven of the acts of the present year, being in
addition to the twenty-five hundred dollars appropriated
by chapter one of the acts of the present year.

For the salary of the first clerk in the adjutant-general's First cierk of
department, the sum of two hundred dollars, as author- general?
ized by chapter two hundred and thirty-seven of the acts '
of the present year, being in addition to the eighteen
hundred dollars appropriated by chapter one of the acts
of the present year.

For the salary of the second clerk in the office of the secord cierk of
secretary of the Commonwealth, the sum of two hundred commonwealth.
dollars, as authorized by chapter two hundred and thirty-
eight of the acts of the present year, being in addition to
the fifteen hundred dollars appropriated by chapter one of
the acts of the present year.

For the salaries of the commissioners of savings banks, commissioners
the sum of two hundred and thirty-seven dollars and sixty- banks.
four cents, as authorized by chapter two hundred and fifty-
two of the acts of the present year, being in addition to
the fifty-six hundred dollars appropriated by chapter one
of the acts of the present year.

358

1886. — Chapter 356.

First clerk of
comniisrioners
of savings
bunks.

Second clerk
and extra clerk.

Biard of arbi-
tration.

Inland waters.

Secretary of
Cdmmis^ioners
of prisons.

School for fee-
ble-minded.

Doorkeepers,
messengers, etc.

Compensation
of cumniissioD-
ers to abate nui-
sance at normal
school at
Bridgewater.

For the salary of the first clerk of the commissioners
of savino;s banks, the sum of one hundred and eio;hteen
dollars and eighty-two cents, as authorized by chapter
two hundred and tifty-two of the acts of the present year,
being in addition to the thirteen hundred dollars appro-
priated by chapter one of the acts of the present year.

For the salary of the second clerk of the commission-
ers of savings banks, the sum of one hundred and eight-
een dollars and eighty-two cents, as authorized by chapter
two hundred and fifty-two of the acts of the present year,
being in addition to the seven hundred dollars appropri-
ated for an extra clerk in said department by chapter one
of the acts of the present year, Avhich said seven hundred
dollars is hereby made applicable for the payment of the
salary of the second clerk established as aforesaid.

For ex}>enses in connection with "an act to provide
for a state board of arbitration for the settlement of dif-
ferences between employers and their emploj^ees," a sum
not exceeding five thousand dollars, as authorized by chap-
ter two hundred and sixty-three of the acts of the pres-
ent year.

For expenses in connection with the "act to protect
the purity of inland waters," a sum not exceeding four
thousand dollars, as authorized by chapter two hundred
and seventy-four of the acts of the present year.

For the salary of the secretary of the board of commis-
sioners of prisons, the sum of two hundred and eighty
dollars and ninety-two cents, as authorized by chapter
•two hundred and seventy-five 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 Massachusetts school for the feeble-minded, the
sum of fifteen thousand dollars, as authorized by chapter
two hundred and ninety-eight of the acts of the present
year.

For doorkeepers, messengers and pages to the present
legislature, a sum not exceeding two thousand dollars,
being in addition to the amount heretofore appropriated
for that purpose.

For the compensation of the commissioners appointed
to abate a nuisance at the state normal school at Bridge-
water, such sum as the governor and council may allow
not exceeding five thousand dollars, as authorized by

1886. — Chapter 356. 359

chapter two hiiiidred and sixty-six of the acts of the
year eighteen hundred and eighty-three.

For providing cities and towns with ballot boxes, a Baiiot boxes.
sura not exceeding live thousand dollars.

For blank books for the registration of voters, as pro- Books for regis-
vided for in section twenty-two of chapter two hundred ^"■'^^'o'lof^'o'^ws-
and ninety-eight of the acts of the year eighteen hundred *
and eighty-four, a sum not exceeding tive hundred dol-
lars.

For expenses in connection with contested election contested
cases, a sum not exceeding two hundred dollars, as au- '''*^'="°''®-
thorized by chapter thirty-six of the resolves of the pres-
ent year.

For expenses of committees of the present legislature, Expenses of
a sum not exceeding three thousand dollars, being in ad- *'°™™^"^®^-
dition to the amounts heretofore appropriated.

For expenses in connection with abating a nuisance at Abatement of
the state normal school at Bridgewater, the sum of eight Bridgewater
hundred and twenty dollars and sixty-two cents. normal so ooi.

For the purpose of extending proper courtesies to the Courtesies to
President of the United States, should he visit the state theunued'"
this year, a sum not exceeding twenty thousand dollars, ^^''^'"''
to be expended under the direction of the governor, as
authorized by a joint order of the legislature adopted
June twenty-fourth of the present year.

To enable the governor and council to employ counsel
to assist in the defence of actions brought to recover f)r recovery of
national bank taxes paid to a city or town, as authorized
by chapter three hundred and thirty-two of the acts of
the present year, a sura not exceeding live thousand dol-
lars.

For Edward C. Hawkes of Charleraont, the sura of g<i^a»'^c.
three thousand five hundred and forty-three dollars, as
authorized by chapter seventy-four of the resolves of the
present year.

For the salary of the first clerk in the department of ^eceher-gen"*^
the treasurer and receiver-general, the sum of one hun- erai.
dred and three dollars and thirty-three cents, as author-
ized by chapter three hundred and thirty-four of the acts
of the present year, being in addition to the twenty-three
hundred dollars appropriated ])y chapter one of the acts
of the present year.

For the salary of the second clerk in the department of second cierk.
the treasurer and receiver-general, the sura of one hun-

Counsel in de-
fence of actions

360

1886. — Chapter 356.

Cashier.

Third clerk.

Fund clerk.

Receiving teller.

Index to Public
Statutes.

State house
repairs.

dred and three dollars and thirty-three cents, as author-
ized by chapter three hundred and thirty-four of the acts
of the present year, being in addition to the eighteen hun-
dred dollars appropriated by chapter one of the acts of
the present year.

For the salary of the cashier in the department of the
treasurer and receiver general, the sum of one hundred
and three dollars and thirty-three cents, as authorized by
chapter three hundred and thirty-four of the acts of the
present year, being in addition to the eighteen hundred
dollars appropriated by chapter one of the acts of the
present year.

For the salary of the third clerk in the department of
the treasurer and receiver-general, the sum of one hun-
dred and three dollars and thirty-three cents, as author-
ized by chapter three hundred and thirty- four of the acts
of the present year, being in addition to the twelve hun-
dred dollars appropriated by chapters one and one hun-
dred and forty-one of the acts of the present year.

For the salary of the fund clerk in the department of
the treasurer and receiver-general, the sum of one hun-
dred and three dollars and thirty-three cents, as author-
ized by chapter three hundred and thirty-four of the acts
of the present year, being in addition to the twelve hun-
dred dollars appropriated by chapters one and one hun-
dred and forty-one of the acts of the present year.

For the salary of the receiving teller in the department
of the treasurer and receiver-general, the sum of one hun-
dred and three dollars and thirty-three cents, as author-
ized by chapter three hundred and thirty-four of the acts
of the present year, being in addition to the twelve hun-
dred dollars appropriated by chapters one and one hun-
dred and forty-one of the acts of the present year.

For expenses in connection with preparing and pub-
lishing a new index of the Public Statutes, a sum not
exceeding twenty-five hundred dollars, as authorized by
chapter seventy-five of the resolves of the present year.

For the town of Russell, one hundred and seventy-six
dollars and sixty-eight cents, as authorized by chapter
seventy-seven of the resolves of the present year.

For certain repairs at the state house and Common-
wealth building, a sum not exceedina: eighteen thousand
dollars, as authorized by chapter seventy-eight of the re-
solves of the present year.

1886. — Chapter 356. 361

For the widow of the late Jesse B. Wheeler, the sum of ^ifeei^r.
seven hundred and tifty-six dollars, as authorized by chap-
ter eighty of the resolves of the present year.

For Lucretia D. Durgin, administratrix, the sum of ^^^^glJ)*^-
four hundred and tifty-nine dollars and sixty-three cents,
as authorized by chapter eighty-one of the resolves of the
present year.

For providing accommodations for various new com- Newcommis-

'■ ■, ^ -,. . , , , Bions, etc.

missions and additional rooms tor other departments, a
sum not exceeding eight thousand dollars.

For aiding prisoners discharged from the Massachusetts Aiding prison.

CJ *■ O GTS flischfirijCQ.

reformatory, a sum not exceeding fifteen hundred dollars, fiomMas8. re-
as authorized by chapter eighty-four of the resolves of the "'"'"^''"'i'-
present year.

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

Approved June 30, 18S6.

3G2

1886. — Chapters 1, 2, 3.

RESOLVES.

Plans for cells at
state prison.

Chap. 1 Resolve to authorize the commissioners of prisons to obtain

PLANS FOR increasing THE NUMBER OF CELLS IN THE STATE

prison.

Resolved, That the commissioners of prisons be and
are hereby authorized to obtain plans for increasing the
number of cells in the state prison, and may expend for
said purpose a sum not exceeding three hundred dollars.

Approved February 8, 1886.

Chcip. 2 Resolve authorizing the treasurer to borrow money in

anticipation of revenue.
Treasurer may Resolvecl, That the trcasurcr and receiver-general be

borrow money ^ ' _ _ _~.

in anticipation and hc is hereby authorized to borrow, in anticipation of

of revenue. ^, • t f ^ x ^ i>

the receipts oi the present year, such sums ot money as
may be from time to time necessary for the payment of
the ordinary demands on the treasury, at any time before
the expiration of fifteen days after the meeting of the next
general court, at such rates of interest as shall be found
necessary ; and that he repay any sums he may borrow
under this resolve as soon as money sufficient for the
purpose and not otherwise appropriated shall be received
into the treasury. Approved February 13, 1886.

Resolve providing for printing extra copies of the report

OF the commission appointed to consider a general SYSTEM
of drainage for the VALLEYS OF THE MYSTIC, BLACKSTONE AND
CHARLES RIVERS.

Resolved, That there be printed at a total cost of not
to be printed, exccediug four thousaud nine hundred and fifty dollars,
fifty-five hundred additional copies of the report of the
commission appointed to consider a general system of
drainage for the valleys of the JMystic, Blackstone and
Charles rivers, the same to be bound in muslin and to be

Chaj). 3

Additional
copies of report

1886. — Chapters 4, 5, 6. 3G3

distributed as follows : Twenty copies to the governor,
ten copies to the lieutenant-governor and each meml)er of
the executive council, and Hfteen copies to each member
of the senate and house of representatives, one copy to
each head of dei)artment and to each person, other than a
member of the legislative department, entitled to a copy
of a public document in accordance with section ten of
chapter four of the Public Statutes, and the balance to be
deposited with the secretary of the Commonwealth for
distribution at his discretion.

Approved February 17 ^ 1886.

Resolve in favor:of benjamin c. piper. (Jhap. 4:

Whereas, Benjamin C. Piper, a clerk in the auditor's Bonjammc.
department, and who has been employed therein and in '^*"^'
other branches of the public service for nearly thirty-three
years, is now afflicted with a disease which incapacitates
him from further service, and which may result fatally
within the current year, therefore

Resolved, That in recognition of his long and faithful
service the auditor of the Commonwealth be allowed to
continue the said Benjamin C. Piper on his pay roll, and
the amount of his salary, one hundred dollars per month
for the current year, commencing on the first day of Jan-
uary, shall bo paid out of the treasury of the Common-
wealth to the wife of said Benjamin C. Piper; and in case
of his death the same sum per month shall be paid to his
widow or her legal heirs from the date of his death to the
end of said current year. Approved February 25, 1886.

Resolve in favor of osborne st. john. CllCtp, 5

Resolved, That there be allowed and paid out of the osbome
treasury of the Commonwealth to Osborne St. John of ^'- '^''*'°*
Boston, the sum of twelve dollars and forty-nine cents,
being the amount due him as a depositor in the West
Boston savings bank, bank book number Hfteen thousand
two hundred and fifty-seven, the same having reverted to
the treasury by the limitation of time for payment thereof.

Approved March 3, 1886.

Resolve in favor of mark Pickering. Chan. 6

Resolved, That there be allowed and paid out of the Mark Pickering.
treasurv of the Commonwealth to Mark Pickering: of
Cambridge, an annuity of two hundred and forty dollars,

364

188G. — Chapters 7, 8, 9, 10.

for the rest of his natural life, from the first day of Janu-
ary, eighteen hundred and eighty-six, payable in equal
quarterly instalments. Approved March 5, 1886.

Chap. 7 Resolve in favor of robert c. davis.

Robert C.Davis. Besolvetl, That there be allowed and paid out of the
treasury of the Commonwealth to Robert C. Davis of
Watertown, the sum of six dollars and sixty-three cents,
being the amount due him as a depositor in the Mercan-
tile savings bank, bank book number twenty-three thou-
sand five hundred and twenty-four, the same having
reverted to the treasury by the limitation of time for
paj-ment thereof. Approved March 3, 1886.

Chap. 8

State normal
Bcliool at
Bridgewater.

Chap. 9

Compensation
of commission-
ers.

Chap.

Soldiers' home
in Massachu-
setts.

Resolve providing for the purchase of land and furniture,

AND for certain REPAIRS AT THE STATE NORMAL SCHOOL AT
BRIDGEWATER.

liesolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding four
thousand four hundred <lollar8, to be expended under the
direction of the state board of education for the foUowiusr
purposes, viz. : Three thousand seven hundred dollars
for the purchase of land for the enlargement of the grounds
at the state normal school at Bridgewater, and seven hun-
dred dollars for new furniture and for repairs upon the
school buildings. Ajyproved March 5, 1886.

Resolve fixing the compensation op the commission appointed
TO consider a general system of drainage for the valleys

of the mystic, BLACKSTONE and CHARLES RIVERS.

Resolved^ That there be allowed and paid out of the
treasury of the Commonwealth to the commissioners
appointed under chapter sixty-three of the resolves of
the year one thousand eight hundred and eighty-four, the
sum of five thousand dollars, in full satisfaction of all
claims for their services as members of the commission
authorized by said resolve. Ap)proved March 5, 1886.

2Q Resolve in favor of the trustees of the soldiers' home in

MASSACHUSETTS.

Hesolved, That there be allowed and paid out of the
treasury of the Commonwealth to the trustees of the
soldiers' home in Massachusetts, the sum of twenty thou-
sand dollars, the same to be used towards the maintenance
of a home for deserving soldiers and sailors.

Approved March 9, 1886.

1886.— Chattees 11, 12, 13, 14. 305

Resolve in favor of the overseers of the poor of Chatham. (JllCip. 11
Resolved, That Ihore be allowed and paid out of the overseers of the

, , , , *■ ^ , poorofChat-

Ircasury or the Commonwealth to the overgeois ot the poor ham.
of Chatham, the sum of eight dollars and fourteen cents,
the same having been wrongfully paid into the treasury
by a clerical error, on account of the support of David
Kogers an inmate of the state reform school.

Approved March 11, 1886.

Resolve in favor of malvina s. simpson. Chap. 12

Besolved, That there be allowed and paid out of the ^^'y''*„^-
treasury of the Commonwealth to Malvina S. Simpson of
Cambridge, the sum of thirty-seven dollars and seventy-
six cents, being the amount due her as a depositor in the
West Boston savings bank, bank book number four thou-
sand six hundred and seventy-six, the same having
reverted to the treasury by limitation of time for payment
thereof. Approved March 11, 1886.

Resolve in favor of the Massachusetts charitable eye and (JJkxj), 13

EAR infirmary

Resolved, That the sum of fifteen thousand dollars be charitable Eye
allowed and paid from the treasury of the Commonwealth ary.
to the Massachusetts charitable eye and ear infirmary, to
be expended under the direction of the managers thereof
for the charitable purposes of said infirmary for the present
year ; and the said managers shall report to the state board
of health, lunacy and charity. Approved March 11, 1886.

Resolve in favor of Charles and nancy Mclaughlin. CJlCip. 14
Resolved., That Charles McLaughlin and Nancy chariesand
INIcLaughlin, father and mother of Eugene McLaughlin kcLalghiin.
who served in the United States navy during the war of
the rebellion and who died in said service, shall from and
after February first, eighteen hundred and eighty-six, be
eligible to receive state aid, under the provisions, rules
and limitations of chapter thirty of the Public Statutes
and of chapter thirty four of the acts of the year eighteen
hundred and eighty-four, in the same manner and to the
same extent they would have been had their said son
Eugene been credited to Massachusetts, and had said
parents drawn state aid prior to April eleventh, eighteen
hundred and sixty-seven. Approved March 11, 1886.

366 1886.— Chapteks 15, 16, 17, 18, 19.

ChaV' 15 Resolve in favor of ^villiam l. chipman.

William L. Resolved, That there be allowed and paid out of the

'P™^"- treasury of the Coramonwealth to William L. Chipman of

Wareham, the sum of twenty dollars and sixty cents, for
services rendered in retuiniiig Charles S. Ryder to the
Massachusetts state prison in the year eighteen hundred
and seventy-nine. Approved March 12, 1886.

CllClV' 16 Resolve providing for printing extra copies of the report

OF THE BOARD OF GAS COMMISSIONERS.

Extra copies of Besolvecl, That there be printed one thousand additional

printed. coplcs of the first rcport of the board of gas commissioners

to be distributed under the direction of said board, and

one hundred copies of the same shall be bound in muslin.

Approved March 13,1886.

Chcip> 17 Resolve to provide for completing and furnishing a labora-
tory FOR THE MASSACHUSETTS AGRICULTURAL EXPERIMENT

station.

tp^idment"' I^esolved, That there be allowed and paid out of the

BtatioD. treasury of the Commonwealth a sum not exceeding six

thousand five liundn d dollars, for the purpose of com-
pleting, properly fitting up and furnishing a laboratory
building at the Massachusetts agricultural experiment
station at Amherst, to be expended under the direction
of the board of control. Approoed 3Iarch 16, 1886.

CJlCtp. 18 Resolve in favor of the town of hanson.

Town of Han. Resolved, That there be allowed and paid out of the
income of the Massachusetts school fund to the town of
Hanson, the sum of two hundred and thirteen dollars and
forty-five cents, being the share of the apportionment of
the income of said fund for the year eighteen hundred and
eighty-four which would have been paid said town had it
complied with the law relating to such payments.

Approved March 16, 1886.

Chcm. 19 Resolve in favor of Theodore e. davis.

Theodore E. ResoJved, That there be allowed and pAid out of the

treasury of the Commonwealth to Theodore E. Davis of
Washington in the District of Columbia, the sum of four
thousand four hundred and sixty-nine dollars and forty-
eight cents, in addition to the sum heretofore paid to him,

Davis.

188(3. — Chapters 20, 21, 22. 367

and in full compensation for services heretofore rendered for'",^,';^p"y\°"
and expenses heretofore incurred in prosecuting and col- claims iigaii.st
lecting chiims against the United States government meut.^"^'^"'
amounting to the sum of fitty-nine thousand three hundred
and eighty-nine dolhirs and seventy-two cents ; the t-um
so paid being an allowance of hve per cent, in addition to
the ten per cent, allow^ed and paid him upon said collec-
tions under provisions of chapter forty-five of the resolves
of the year eighteen hundred and eighty-three, and fifteen
hundred dollars for expenses incurred : provided, that
nothing herein contained shall be construed as in any way
changing said resolve, chapter forty-five of the year
eighteen hundred and eighty-three in regard to other claims
and collections, if any shall be made.

Approved 3farch 22, 1886.

Resolve IN FAVOR OF LAWRENCE N. DUCHESXEY. CluilJ. 20

Resolved, That there be allowed and paid out of the Laurence n.
treasury of the Commonwealth to Lawrence N. Duch« s- "' ^*"''^*
ney, the sum of thirty-two dollars and sixtec n cents, said
amount being due him for mileage, as major of the eighth
regiment Massachusetts volunteers, incurred in visiting the
various companies of the regiment during the year eighteen
hundred and eighty-two. Approved March 23, 1886.

Resolve in favor of philomena e. nolan. Chan 21

Resolved, That there be allowed and paid out of the phiiomenaE.
treasury of the Commonwealth to Phdomena E. Nolan of ^"''"''
Stoneham, daughter of the late John Nolan who was a
member of company D, thirty-third regiment Massachu-
setts volunteers, and who was killed in the line of duty at
Dallas, Georgia, on the twenty-fifth day of May in the
year eighteen hundred and sixty-four, an annuity of
sevent3^-tvvo dollars, to be paid in equal quarterly instal-
ments, said annuity to continue while she remains
unmarried. Approved March 26, 1886.

Resolve in aid of the erection of a monument in commemora- rij no

TION of the battle OF BENNINGTON. J-

liesolved. That there be allowed and paid out of the Monument com-
treasury of the Commonwealth, in aid of the erection of ^/,^°of B^n-
a monument in commemoration of the battle of Benning- "'"gion.
ton, to the treasurer of the Bennington battle monument

3G8 1886. — Chapters 23, 2^, 25.

association, a corporation established under the laws of
the state of Vermont, the sum of ten thousand dollars, at
such times and in such sums as the governor may direct :
xo money to be pvovicled, that uo part of the sum above mentioned shall
ai^elipproved"^ be paid until the plans of said monument shall be approved
by the governor, and until he shall be satisfied that funds
are provided from other sources, including the sum herein
provided for, sufficient to complete the monument accord-
ing to the plans approved by him. Chapter fifty-one of
the resolves of the year eighteen hundred and seventy-
seven is hereby repealed. Approved March 29, 1886.

Chap. 23 Resolve in favor of james h. willey.

wii'r"' Resolved, That there be allowed and paid out of the

treasury of the Commonwealth to James H. Willey of
Waltham, the sum of two hundred and filty dollars, in
consideration of injuries received while acting under the
orders of the military authorities of the Commonwealth
in the year eighteen hundred and sixty-one.

Approved March 29, 1886.

ChdJ). 24 Resolve ix favor of sophie s. coffin.

Sophies. Coffin. Hesolved, That Sophie S. Coffin, widow of the late
John E. Coffin formerly a member of company D,
twentieth regiment Massachusetts volunteers, shall from
and after the first day of March in the year eighteen hun-
dred and eighty-six be eligible to receive state aid under
the provisions, rules and regnlations of chapter thirty of
the Public Statutes and chapter thirty-four of the acts of the
year eighteen hundred and eighty-four, in the same manner
and to the same extent that she would have been entitled
had she resided in Massachusetts on the twenty-third day
of April in the year eighteen hundred and sixty-six.

Approved March 30, 1886.

CJlCtD. 25 RkSOLVE providing for portraits of speakers SEDGWICK, VAR-
NU:\I AND BANKS FOR THE NATIONAL CAPITOL AT WASHING-
TON, D. C.

Portraits of liesolved. That the governor and council be and they

national capitoi. are hereby authorized and requested to have furnished for
the national capitoi at Washington, D. C, worthy portraits
of speakers Sedgwick, Varnum and Banks, the same to
be painted by some artist or artists of skill and repute,
and to correspond in merit with that of speaker Winthrop
already in the collection. Approved April 1, 1886.

1886. — Chapters 26, 27, 28, 29. ' 369

Resolve puoviuing for the printing of additional copies of (JJiap, 26

THE REPOIfT OF THE COMMISSIONERS ON THE TOPOGRAPHICAL
SURVEY AND MAP OF MASSACHUSETTS FOR THE YEAR EIGHTEEN
HUNDRED AND EIGHTY-FIVE.

liesolved, That there be printed five hundred additional Additional

' I , copies of roport

copies of the report of the commissioners on the topo- on lopographi-
graphical survey and map of ^Massachusetts for the year map of the state.
eighteen hundred and eighty-five, to be distributed under
the direction of tlie said commissioners.

Approved April 2, 1886.

Resolve granting county taxes. (Jlicip. 27

Resolved, That the sums placed against the names of bounty taxes
the several counties in the following schedule are granted
as a tax for each county respectively, to be collected and
applied according to law: — Barnstable, twelve thousand
dollars ; Berkshire, sixty-eight thousand dollars ; Bristol,
one hundred and twenty-one thousand five hundred dol-
lars ; Dukes, six thousand nine hundred dollars ; Essex,
two hundred and five thousand dollars ; Franklin, thirty
thousand dollars; Hampden, ninety-five thousand dollars;
Hampshire, fifty thousand dollars ; Middlesex, one hun-
dred and fifty thousand dollars ; Norfolk, sixty thousand
dollars ; Plymouth, fifty-five thousand dollars ; Worcester,
one hundred and eighteen thousand dollars.

Approved April 2, 1886.

Resolve in favor of mary mcgrath. Chav 28

Resolved, That there be allowed and paid out of the Mary McGrath.
treasury of the Commonwealth to the treasurer of the
town of Framingham, an annuity of one hundred dollars
for the benefit of Mary McGrath, widow of the late John
McGrath, for the rest of her natural life, payable in equal
quarterly instalments. Approved April 2, 1886.

Resolve in favor of samuel hillman. CTinrt 29

Resolved, That there be allowed and paid out of the samueiHiii-
treasury of the Commonwealth to Samuel Hillman of ™'*°'
North Adams, an annuity of one hundred and fifty dol-
lars, for the terra of five years from the first day of Jan-
uary in the year eighteen hundred and eighty-seven, for
injuries sustained while employed at the Hoosac Tunnel,

370 1886. — Chapters 30, 31, 32, 33.

the cause of said injury being an explosion of glycerine
"which had been carelessly left by employes of the Com-
monwealth. Ajyproved April 2, 18S6.

Chap. 30 Resolve ix favor of Catherine mullins.

Mumnl?^ ^e-^ohed, That Catherine Mullins, mother of James J.

Crowley who was killed in service during the war of the
rebellion, while a member of the fourth United States
cavalry, shall from and after the first day of March in the
year eighteen hundred and eighty-six, be eligible to re-
ceive state aid under the provisions, rules and limitations
of chapter thirty of the Public Statutes, in the same man-
ner and to the same extent that she would have been had
her son James J. Crowley served to the credit of Massa-
chusetts. Approved April 9, 1886.

Chap. 31 Resolve relating to the protection of brakemen on freight

TRAINS.

brakemen on Resolvpcl, That the board of railroad commissioners be

freight trains, instructed to investigate whether there is need of legisla-
tion to provide further securities for brakemen while
operating freight trains, and especially whether box
freight cars ought to be furnished with guard-rails on the
sides thereof, and report the result of their investigations
to the next general court. Approved April 9, 1886.

Chap. 32 Resolve relative to the establishment of an arbor day.

Arbor Day. liesolved, That his excellency the governor is requested

to set apart in each year the last Saturday in April as
Arbor Day, and to issue his proclamation recommending
that it be observed by the people of the Counnonwealth
in the planting of trees, shrubs and vines, in the promo-
tion of forest growth and culture, in the adornment of
public and private grounds, places and wa3S, and in such
other efforts and undertakings as shall be in harmony with
the general character of a day so established.

Approved April 9, 1886.

Chap. 33 Resolve providing for moving and repairing the barn, for
the erection of a stable and sheds and a building for the
storage of coal at the state workhouse at bridgewater.

houserBr'dg- Hesolved, That there be allowed and paid out of the

water. trcasury of the Commonwealth a sum not exceeding five

thousand dollars, for the purpose of moving and repairing

1S8G. — Chapters 34, 35, 36. 371

a burn on the premises of the state workhouse at Bridge-
water, and for the erection of stock sheds, a stable and a
suitable building for the storage of coal for said worit-
house ; the same to be expended under the direction of the
trustees and superintendent of said workhouse.

Approved April 13, 18S6.

Resolves in favor of the Massachusetts agricultuual col- QJicip, 34

LEGE.

J?esoJved, That there shall be paid annually from the Agricultural
treasury of the Commonwealth to the treasurer of the ^""''s^-
Massachusetts agricultural college at Amherst the sum of
ten thousand doHars, to enalile the trustees of said college
to provide for the students of said institution the theoreti-
cal and practical education required by its charter and the
law of the United States relating thereto.

JResoJved, That annually the scholarships established by scholarships
chapter forty-six of the resolves of the year eighteen hun- *'*'"'™"'''^-
dred eighty-three be given and continued in accordance
with the provisions of said chapter.

Aj^proved April 16, 1886.

Resolve providing for the completion of certain buildings (Vjfjj^ Qr

AND FOR the CONSTRUC TION OF A CHAPEL AT WESTBOROUGH ^ '

FOR THE LYMAN SCHOOL FOR BOYS.

Hesolved, That the sum of twelve thousand dollars be Lyman school
allowed and paid out of the treasury of the Common- ^"'''"y"'
wealth for the purpose of completing the building now
in process of erection for the Lyman school for boys at
Westborough, also the further sum of three thousand five
hundred dollars for the purpose of erecting a chapel at
said institution. Approved April 16, 1886.

Chap. 36

Resolves providing for the publication of additional copies
OF the reports of cases of contested elections, for the
future publication of such cases, and for the compensation
of toe editors thereof.

Resolved, That there be allowed and paid out of the Allowances to
treasury of the Commonwealth to Edward P. Loring of LorTngl^mi
Fitchburg and Charles Theodore Russell, Jr. of Cam- dorYRuJsefr'r
bridge, the sum of one thousand three ' hundred and
seventy-live dollars each, in full compensation for their
services and clerical assistance in preparing and publish-
ing the edition of the reports of the cases of contested

372 1886. — Chapter 37.

elections of the legislature, pursuant to chapter sixty of
of the resolves of the year eighteen hundred and eighty-
five.
One thotiPand Resolvecl, That there be printed one thousand addi- •

copies of reports . , . ^ , ... ^. . , , ,

of cijiitested tional copies ot the edition aforesaid, and that one copy

elect ion 8 • A •/

be given to each member of the senate and house of
representatives and the clerics and assistant clerks there-
of, and the remainder sold for such price and in such
manner as the president of the senate and speaker of the
house of representatives shall determine, and the net
proceeds of such sale paid into the treasury of the Com-
monwealth.

Distribution. Resolvecl, That the president of the senate and speaker

of the house of representatives be and hereb}^ are author-
ized to cause to be printed and sold such additional copies
of such reports as they may deem expedient, or to sell
and dispose of the plates for said reports, or make such
other contract or arrangement in regard to the same as
they may deem expedient to secure to the Common-
Avealth reimbursement in whole or in part for the expense
of publishiug the same ; and that the net proceeds of such
sale be paid into the treasury of the Commonwealth.

Publication and /?e6o/z'e(Z, That Charlcs Tlicodorc Russell, Jr. of Cam-
is n uioD. bi'iclge, be and herel)y is authorized to edit and publish
annually such of the reports of cases of contested elec-
tions arising in the senate and house of representatives
after the year eighteen hundred and eighty-five as may
be of value as precedents, together with any opinions of
the supreme judical court relating to such elections ; and
such editor shall serve without compensation.

annuai^y^"'*'^'^ ^^^olved, That such rcports shall be edited at the end
of each session of the general court and one thousand
copies thereof printed annually; five hundred of said
copies shall be retained by the state printers for binding
in sets and for distribution in the same manner as is pro-
vided for the binding and distribution of certain other
documents in section eight of chapter four of the Public
Statutes, and the balance retained for the use of the gen-
eral court. Approved April 16, 18S6.

(JJiav. 37 Resolve concerning the income of the Massachusetts school

FUND.

Distribution of Bfsolved, That the state board of education be requested

the school fuuJ. • i i i • i i t -i • i

to consider whether a more equitable distribution can be

18S6. — Chapters 38, 39, 40, 41. 373

made of the income of the Massachusetts pchool fund and
report its conchisions to the next general court.

Approved April 20, 1886.

RESOLVK in favor of the town of MONROE. CllClV. 38

Rewlved, That there be allowed and paid out of the Town of
treasury of the Common wenlth to the town of Monroe,
the sum of two thousand dollars, being in response to
their petition for relief from the burden of cost of the
road on the easterly side of said town near the Deerfield
river, made by said town, with little benefit to itself,
under the requirements of the county commissioners in
the year eighteen hundred and seventy-one, but inuring
to the benefit of the state by contributing to the business
of the Troy and Greenfield and Hoosac tunnel railroad :
provided, nothing herein contained shall be construed to
relieve the said town of Monroe of any ol)ligation to
maintain said road. Ajjproved April 20, 1886.

Resolve in favor of the soldiers' messenger corps. (JhdJ). 39

Resolved, That there be allowed and paid out of the soiuers'mes.
treasury of the Commonwealth to the disabled soldiers' ^'^"S'^'' '^'''"p^-
employment bureau, a sum not exceeding eight hundi'ed
dollars, the same to be expended under the direction of
the adjutant-general. Three hundred dollars of said sum
shall be allowed for superintendence of said bureau.

Approved April 20, 1886.

Resolve providing for certain repairs and improvements Cjhnj) AC)

AT the state normal SCHOOL AT WORCESTER. ^ '

Reiiolved, That there be allowed and paid out of the state normal
treasury of the Commonwealth a sum not exceeding three Worcester.
thousand dollars, to be expended under the direction of
the state board of education at the state normal school at
"Worcester, for the pui-pose of procuring new boilers and
re[)airing the heating apparatus : for repairs inside and
outside the building, and for improvements on the front
of the grounds by excavating the rocks and building a wall.

A2)proved April 29, 1886.

Resolve in favor of anne deighen burgess of boston. Chap. 41

Whereas, On the eifjhth day of June in the year eight- Anne Deighen
een hundred and seventy-five James Schouler, Esquire,
a public administrator, deposited into the treasury of the

374 1886. — Chapters 42, 43, 44.

Commonwealth the sum of twenty-three hundred and
ninety-seven doUars and seventy-eight cents, being the dis-
tributive balance of the estate of Mary A. Marshall, to be
held for the benefit of those who have lawful claims there-
on, and whereas it appears that Anne Deighen Burgess
of Boston is legally entitled to the whole of said sum of
money, therefore

liesr,lved, That there be allowed and paid out of the treas-
ury of the Commonwealth to the said Anne Deighen Burgess
the said sum of twenty-three hundred and ninety-seven dol-
lars and seventy-eight cents to which she is legally entitled.

Apiiroved April 29, 18S6.

ChClJ) 42 I^ESOLVK IN FAVOR OF THE NEW ENGLAND INDUSTRIAL SCHOOL FOR

DEAF MUTES.

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

mutes. '^^ ^^ treasury of the Commonwealth two thousand dollars to
the New England industrial school for deaf mutes, to be
expended under the direction of the trustees thereof for
the educational purposes of said school for the present
year ; and the said trustees shall report to the state board
of education. Approved May 5, 1886.

Cliar> 43 I^^SOLVE to provide for certain repairs AND IMPROVEMENTS AT
^ THE REFORMATORY PRISON FOR WOMEN AT SHERBORN.

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

women.°*^ treasury of the Commonwealth a sum not exceeding four

thousand two hundied dollars, to i)e expended at the re-
formatory prison for women at Sherborn, under the di-
rection of the commissioners of prisons, for the following
purposes : For repairing and painting buildings, a sum
not exceeding one thousand two hundred dollars ; for ex-
tension of the system for disposal of the sewage of the
prison, a sum not exceeding one thousand five hundred
dollars; and for water pipes and hydrants, a sura not ex-
ceeding one thousand five hundred dollars.

Approved May 5, 1886.

CllClT). 44 l^ESOLVE TO PROVIDE FOR THE CONSTRUCTION OF A BARN AND THE
PURCHASE OF COWS, AND FOR CERTAIN IMPROVEMENTS AND RE-
PAIRS AT THE MASSACHUSETTS REFORMATORY AT CONCORD.

MasRachusptta liesolved, That there be allowed and paid out of the

Concord. treasury of the Commonwealth a sum not exceeding eleven

thousand three hundred dollars, to be expended at the

Chap. 45

1886. — Chapters 45, 46.

Massachusetts reformatory at Concord, under the direction
of the commissioners of prisons, for the following pur-
poses : For the construction of a l)arn, a sum not exceed-
ing four thousand three hundred dollars ; for the pur-
chase of c<^\vs, a sum not exceeding one thousand five
hundred dollars ; for the purchase of books for the library,
a sum not exceeding one thousand dollars ; for repairing
the gas manufacturing apparatus, a sum not exceeding two
thousand tive hundred dollars ; and for painting the houses
of officers, a sum not exceeding two thousand dollars.

Approved May 6, 1886.

Resolve extending the time wituin which an allowance
ilay be granted to certain organizations for the erection
of monuments on the battlefield at gettysburg, pennsyl-
VANIA.

Resolved, That the provisions of chapter twenty-four of ^"""JJ'^.'j"*^^'"'
the resolves of the year eighteen hundred and eighty-four, Gettysburg.
granting the sura of five hundred dollars each to certain
organizations for the purpose of erecting monuments on
the battletield at Gettysburg, Pennsylvania, are extended
to the thirtieth day of April in the year eighteen hundred
and eighty-eight. Approved May 6, 1886.

Resolves concerning the commonwealth's flats at south QJidn, 46

BOSTON.

Mesolved, That the unexpended balance of the appro- common-
priation made from the Commonwealth's flats improve- sJuthBosfon.^*^
ment fund by chapter three hundred and fourteen of the
acts of the year eighteen hundred and eighty-four, is
hereby appropriated for the same purposes as specified in
said act; and the treasurer of the Commonwealth shall
•pay into said fund from time to time, in accordance with
the provisions of the second section of said act, such sums
as may be required for said purposes ; but the amount so
paid before the first day of July in the year eighteen hun-
dred and eighty-seven shall not exceed two hundred thou-
sand d )llars.

Resolved, That so much of chapter sixty-one of the re- Portion of re
solves of the year eighteen hundred and seventy-seven as repL*ifiea.' ' '
prohil)its or disapproves of a reserved channel as a part of
the plan for the improvement of the Commonwealth's flits
at Soulh B )ston, is herel)y repealed ; and the board of
harbor and land commissioners is hereby authorized to

376 1886. -- Chapters 47, 48.

adopt as a part of said plan a reserved chaunel which shall
be of such location, width and manner of construction as
shall seem best adapted to subserve the interests of the
Commonwealth and the public convenience; and said
commissioners may make such arranojements and terms
with the adjoining proprietors of flats and wharves, and
with other parties, as may be found necessary to secure
the proper establishment and maintenance of such chan-
nel : provided, that the plans therefor, and all agreements
and contracts relating thereto, shall be subject to the ap-
proval of the governor and council.

Approved May 6, 1886.

(jJiap. 47 RkSOLVE in favor of the widow of STEPHEN N. GIFFORD.

i^enhrnN. Resolved, That there be allowed and paid out of the

Giflford. treasury of the Commonwealth to the widow of the late

Stephen N. Gifi'ord, the same sum as the said Giff'ord

would have received as salary had be lived to perform

service as clerk of the senate for the current year.

Appro ced May 6, 1886.

ChdV' 48 Rl'-SOLVE PROVIDING FOK PRINTING CERTAIN REPORTS OF THE COM-
MISSIONERS ON INLAND FISHERIES WITH THE EXISTING LAWS OF
THE COMMONWEALTH REGULATING THE FISHERIES

Reports of com- Resolved, That there be printed and bound in cloth

missioners on f, (.. ■, -, -, . ^ -,. . ■,

inland fisheries httccu liuudred copics oi a compenduun, in one volume,
tobe^p^inTcd!^^ of the rcports of the commissioners on inland tisheries,
from the year eighteen hundred and seventy-two to the
year eighteen hundred and eighty-six inclusive, and
including also chapter ninety-one of the Public Stat-
utes, and the laws passed since eighteen hundred and
eighty-one relating to the tisheries ; the whole to be
prepared under direction of the secretary of the Com-
monwealth ; but the sixth annual report of said commis-
sioners for the year ending January first, eighteen hundred
and seventy-two, shall be reprinted in full, the balance of
said volumes, after distributing one copy to each member
of the legislature, to be deposited with the secretary of
of the Commonwealth for distribution at his discretion.

Approved May 14, 1886.

1886. — Chapters 49, 50, 51. 377

Resolve in favoh of the Worcester county free institute of (7/ztt/?. 49

INDUSTRIAL SCIENCE.

Besolved, That there be allowed and paid out of the ^/^.-^.^y"^',^;^.^
troasury of the Commonwealth the sum of fifty thousand jj'^^'J;"^,''^;.^,";.^
dollars to the Worcester county free institute of industrial
science, to constitute a part of the permanent endow-
ment of said institute ; the same to be kept safely invested,
and the income only thereof expended for the purposes of
the institute. Approved May 14, 1886.

Resolve providing for the erection of a boarding house and (JJiCtp. 50

FOR certain repairs AND FURNITURE AT THE STATE NORMAL
SCHOOL AT FRAMINGHAM.

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

T i Kcnool at

treasury of the Commonweallh a sum not exceeding twenty Framiugham.
thousand five hundred dollars, to be expended under the
direction of the state board of education for the following
purposes, viz. : Twenty thousand dollars for the erection
of a boarding house for the state normal school at Fram-
ingham and for furnishing the same ; and five hundred
dollars for repairs upon the present buildings of said school.

Approved May 14, 1886.

Resolve providing for the completion of, for additions to, (JJiap. 51

AND for furnishing AND EQUIPPING, THE WESTBOROUGH INSANE
HOSPITAL AT WESTBOROUGH.

Resolved, That there be allowed and paid out of the Se^hospuai,
treasury of the Commonwealth a sum not exceeding one additions and

1 11 1 /«/>/» M 1 ITU 1 -IT improvements.

hundred and hity-hve thousand dollars, to be expended at
the AVestborough insane hospital at Westborough under
the direction of the trustees of said institution for the
following purposes, to wit : For the completion of the
building for three hundred and twenty-five patients, a sura
not exceeding sixty-three thousand nine hundred dollars ;
for additions to accommodate eighty patients, including a
new chapel and superintendent's house, a sum not exceed-
ing thirty-eight thousand dollars, and for furnishing and
equipping said hospital a sum not exceeding fifty-three
thousand one hundred dollars. Approved May 21, 1886.

378 1886.- Chapters 52, 53, 54, 55, 56.

CJiav. 52 Resolve providing for the payment of current expenses at

TUE WESTBOKOL'GH INSANE HOSPITAL AT WESTBOROLGH.

westborough llesolvcd. That there be allowed and paid out of the

insane nospilal, A i yi t

current ex- tieasuiy oi the Commoii Wealth a sum not exceeduig

penses. tweuty-five thousand dollars t'i>r the purpose of meeting

current expenses at the Westborough insane hospital at

Westborough, to be expended under the direction of the

trustees of said institution. Approved May 21, 1886.

CllClT). 53 Resolve granting to the county of hampsiiiue a county tax.

County of Jiesolvecl, That the sum of thirty-eight thousand dollars

grtnted'aux. be granted as a tax for Hampshire county, to be collected

and ap[)lied according to law, and that so much of chapter

twenty-seven of the resolves of the year one thousand

eight hundred and eighty-six as applies to Hampshire

' county is hereby repealed. Approved 3Iay 21, 1886.

Chcin. 54: Resolve in favor of william e. Cunningham.

William E. Resolved, That there be allowed and paid out of the

treasury of the Commonwealth to V\ illiam h. Cunning-
ham of Tisbur}'', the sum of two hundred dollars, as com-
pensation for expenses incurred by him by reason of
injuries received while an inmate of the state reform
school at Westborough. Approved May 28, 1886.

Cunningham

CliCL'D. 55 Kesolve to provide for increasing the number of cells at

the state prison at boston.

^tate prison. liesolved, That there be allowed and paid out of the

treasury of the Commonwealth a sum not exceeding forty-
five thousand dollars, to be expended under the direction
of the commissioners of prisons for increasing the number
of cells at the state prison at i3oston.

Approved 3fay 28, 1886.

CTiav. 56 Resolve in favor of the town of ashland

Town of Ash- Ref<olv(-d, That there be allowed and paid from the
treasury of the Commonwealth to the town of Ashland,
the sum of two hundred and sixty-six dollars and seventy-
seven cents, in reimbursement of a portion of the state tax
paid by said town for the years eighteen hundred and
seventy-seven to eighteen hundred and eighty-two in-
clusive. Approved May 28, 1886.

ISSG. — Chatters 57, 58, 59. 379

Resolve providing rooms for the use of the bureau of sta- (J]iap. 57

TISTICS OF LABOR.

Resolved, That the commissioners on the state house be Room«forthe

. . ill burt-au of statia-

and they are hereby authorized to contmue the lease, t:cs of labor.
dated April fifteenth in the year eighteen hundred and
eigiity-tive, between the trustees of Boston university
and tile Commonwealth, of rooms at twenty Beacon street,
Boston, for the occupancy of the bureau of statistics of
hibor ; said commissioners on the state house mwy expend
for the rent and care of said rooms a sum not exceeding three
thousand doHars per annum ; and said bureau is hereby
authorized to vacate the rooms now occupied by it in the
Commonwealth building ; and the rooms so vacated may
be assigned by said commissioners for the occupancy of
any other board, commission or officers of the Common-
wealth now occupying rooms not in the state house or in
said Commonwealth building. Approved May 28, 1S86.

Resolves concerning the boundary line between massaciiu- (JJian. 58

SETTS AND NEW HAMPSHIRE.

Resolved, That chapter seventy-three of the resolves of ^^,1^bo3ary
the year eighteen hundred and eighty-five is hereby nue.
amended so as to require the commissioners appointed
under said resolve to report their doings thereunder to
the general court.

liesohed. That when the boundary line, ascertained and
established by the commission, has been accepted and
approved by the legislatures of the Commonwealth of
Massachusetts and the state of New Hampshire the same
shall be the true jurisdictional boundary line between the
two states. Approved Mmj 28, 1886.

Resolve in favor of z. k. harmon. ChciV 59

Resolved, That there be allowed and paid out of the z. K.Harmon,
treasury of the Commonwealth the sum of eighty dollars
to Z. K. Harmon of Portland, Maine, as compensation for
services in al[)habetically arranging a book of rolls of
Farragut's fleet and completing the classification of enlist-
ment papers in the adjutant-general's department.

Approved Mmj 28, 1886,

380 188G. — CiiArTERS GO, Gl, 62, 63.

Chap. 60 Resolve providing fou certaix improvements and repairs at

THE MASSACHUSETTS AGRICULTURAL COLLEGE AT AMHERST AND
FOR THE FURTHER EQUIPMENT THEREOF.

College""'''" Resolved, That there be allowed and paid out of the

treasury of the Comuioii wealth a sum not exceedin": seven
thousand dollars, to be expended at the Massachusetts
agricultural college at Amherst, under the direction of the
trustees of said college, for the purpose of repairing the
barn and sheds, and building an ice house and concrete
sidewalks, and for the purchase of tire apparatus, live
stock, teams, tools and farm implements ; also for making
alterations in and painting the college buildings, and to
provide heating apparatus for the drill hall at said college.

Appsroved June 2, 1886.

Chap. 61 Resolve in favor of cynthia g. melvin.

Cynthia G. liesolved, That there be allowed and paid out of the

treasury of the Commonwealth to Cynthia G. Melvin of
Chelmsford, the sum of two hundred and twenty-one dol-
lars and twenty-two cents, being the amount due her as a
depositor in the Mercantile savings institution, bank i.ook
number eighteen thousand two hundred and ninety-four,
the same having reverted to the treasury by the limitation
of time for payment thereof. Approved June 2, 1886.

Chan. 62 Resolve in favor of john f. Wallace.

johnF. Resolved, That there he allowed and paid out of the

treasury of the Commonwealth to John F. Wallace of
Watertown, the sum of two hundred dollars, for compen-
sation for injuries sustained by him in consequence of act-
ing under military orders as a member of company C,
fifth regiment M;issachusetts volunteer militia on the
twenty-fifth day of July in the year eighteen hundred and
eighty-five. Approved June 9, 1886.

Chap. 63 Resolve relative to the erection of hospital buildings at

THE STATE ALMSHOUSE AT TEWKSBUIJY.

Hogpitai build- Resolved, That there be allowed and i)aid out of the

ings at the state ,. V, i -.-, , • ' t

almshouse at trcasuiy 01 thc Commouweailh a sum not exceedmg sev-

urj. enty-fivo thousand dollars, for the purpose of erecting

hospital buildings at the state almshouse at Tewksbnry,

the same to be expended under the control and direction

of the trustees and superintendent of the state almshouse :

18S6. — Chapters G4, 65, (56. 381

provided, that no part of said amount shall be expended rioviso.
nnlil plans lor said hospital buildings shall be approved
by the governor and council, and contracts made for the
c<jnipleti()n of the same for the sum above named. The
amount of expenditure authorized in this resolve is to
provide for the erection of two hos})ital buildings of the
three to be erected at said institution in accordance with
plans now in the possession of the trustees thereof.

A2^proved June 9, 1SS6.

Resolve in favok of benjamin c. Lincoln. Chcip. 64

liesoh'ed. That there be allowed and paid out of the Benjamin c.
treasui-y of the Commonwealth to Benjamin C. Lincoln of
Boston, the sum of two hundicd and twenty-four dollars,
the same being the amount of state aid he would have re-
ceived between the tiist day of September in the year
eighteen hundred and seventy-one and the first day of
May in the year eighteen hundred and seventy-six, had
he been born while his father, Benjamin C. Lincoln, was
serving in the thirty-ninth regiment Massachusetts vol-
unteer infantry. Said sum to be in full of all claims for
arrears of state aid due Benjamin C. Lincoln or Isadora
F. Lincoln. Approved June 14, 1886.

Chap. 65

Resolve providing for the printing of copies of a portion
OF the seventeenth report of the bureau of statistics

OF labor.

Resolved, That there be printed two thousand copies Portion of re-
of that portion of the seventeenth annual report of the printed/'^"
bureau of statistics of labor which relates to proHt sharing,
to be distributed under the direction of the chief of said
bureau. Aj-iproved Jmie 14, 1886.

Resolve granting aid to tue town of lee. Cliai) 66

Resolved, That for the purpose of rendering some relief Town of Lee.
to the citizens and taxpayers of the town of Lee, in view
of the disastrous flood in said town in the month of April
in the year eighteen hundred and eighty- six, there be
allowed and paid out of the treasury of the Common-
wealth to the treasurer of Lee the sum of three thousand
dollais. Approved June 14, 1886.

382 1886. — Chapters 67, 68, 69, 70.

(JllCip. 67 Resolve in fa von of wiiliam d. dennis.

William D. Resolved. That there be allowed and paid out of the

Dennis. . i

treasnr3M)f the Commonwealth to William D. Dennis, the
sum of four hundred dollars, in full settlement of his
account for services rendered in connection with the im-
jnovemeuts on the state house in the year eiirhteen hun-
dred and eighty-one. Approved June 21, 1886.

Chap. 68 Resolve to authorize the trustees of the state lunatic

HOSPITAL AT TAUNTON TO EXCHANGE CERTAIN LANDS.

JXTTau.uon Besolved, That the trustees of the state lunatic hos[)ital
uiKiiTwiai'iid. ^^ Taunton are hereby authorized to exchange a triangular
ward 1. White, pjecc of laud on the west side of the hospital farm, con-
taining twenty-four rods more or less, belonging to the
Commonwealth, for a strip of land belonging to one
Edwaid I. AVhite, six hundred feet in length and six feet
in width, on the westerly side of the hospital farm, and to
execute any and all papers necessary and proper to carry
out said exchange, the lands to be so exchanged to have
such metes and bounds as said trustees may determine.

Approved June 21, 1886.

(JJldT). 69 KeSOLVE to confirm the ACTS OF THOMAS McGOVEUN AS A JUSTICE

OF THE PEACE.

McGWrn.jus- Resoloed, That all acts done by Thorms INIt^Govern as
tice.f the peace, ^ lustice of thc Dcacc withlu and for the county of Suffolk

acts coiifarmed. "^ >■ • i i • t-v i • i

between the twenty-sixth day of December in the year
eighteen hundred and eighty-tive and the twenty-third
day of January in the year eighteen hundred -and eighty-
six are hereby contirmed and made valid to the same
extent as though he had been during that time qualified to
discharo-e the duties of said office.

Approved June 21, 1886.

Chap. 70 Resolve to confirm the title to the homestead estate of

FRANCIS T. CORDIS OF LONGMEADOW IN THE COUNTY OF HAMPDEN.

Title to home- UesoJved, That the sale of the followinsr described hmd

etead estate of, ' . (>iti

FiaticisT. in Longmeadow in the county of Hampden made to
firmed! Francis T. Cordis of said Longmeadow on the eighth day

of March in the year eighteen hundred and fifty-eight by
John J. Clarke of Boston in the county of Sufiblk, as
trustee under the will of Thomas Cordis late of said Long-
meadow, deceased, is hereby contirmed and the title

188G. - Chapters 71, 72, 73. 383

thereof made valid notwithstandino: said Clarke failed to
give to the judge of probate for said county of Ilaiupdeii
the bond required under the resolve authorizing said sale.
Said land is bounded westerly hy the town road, north-
erly by land now or late of Dimond Chandler in part and
in part by land now or late of the heirs of Richard 8.
Storrs, easterly by land now or late of the heirs of said
Storrs, southerly in part by land of W. G. jVIedlicott and
G. O. Bliss, in part by land of Homer Merriam, in part
by land of W. T. Clement and in part by land of G. O.
Bliss, trustee, the same being the homestead of said
Francis T. Cordis. Approved June 21, 1886.

Chap. 71

Resolve relating to a portrait of lieutenant-governor
william dummer.

Resolved, That there be allowed and paid out of the Portrait of
treasury of the Commonwealth a sum not exceeding three ernor^Dumiuel!
hundred dollars for painting a copy of the portrait of
William Dummer, lieutenant-governor of the Province of
Massachusetts Bay, now in the possession of the trustees
of Dummer academy, to be expended under the direction
of the commissioners on the state house.

Approved June 22, 1886.

Resolve in favor of the town of ludlow. CllClj). 72

Resolved, That there be allowed and paid out of the Town of
treasury of the Commonwealth to the town of Ludlow, the ^"'^'°"'-
sum of sixty-iive dollars and eighty-two cents, as reim-
bursement to said town for money paid out in support of
Joseph McCoUom, a state pauper, in December in the
year eighteen hundred and eighty-four and January, Feb-
ruary, March and April in the year eighteen hundred and
eighty-five. Approved Jane 23, 1886.

Resolve confirming the acts of matthew dolan as a justice Qlnoy 73

OF the peace.

Resolved, That all acts done by Matthew Dolan of M-'tthew Doian,
Boston as a justice of the peace between the fourteenth pc^^p! acta con-
day of April in the year eighteen hundred and eighty-six ^™'''*'
and the twenty-fourth day of May in the year eighteen
hundred and eighty-six are hereby confirmed and made
valid to the same extent as though he had been qualified
during that time to discharge the duties of a justice of the
peace. Approved Jxuie 23, 1886.

384 188G. — Chapters 74, 75, 76.

CllOV. 74 EeSOLVE in favor of EDWARD C. HAWKES.

Edward c. Ret^olved, That the sum of three thousand five hundred

and forty-three dollars be allowed and paid from the
treasury of the Commonwealth to Edward C. Hawkes of
Charlcmont, in full settlement for all damages caused by
the placing of infected swine upon his premises by ser-
vants of the state in the employ of the manager of the
Troy and Greenfield Railroad and Hoosac Tunnel ; said
sum to be paid said Hawkes forthwith, after he shall file
iu the ofllce of the clerk of courts for the county of Frank-
lin, a discontinuance, without costs to either party, of an
action brought by him for the same cause against said
manager in the superior court in said county.

Approved June 25, 1886.

Clldl). 75 B,ES0LVE PROVIDING FOR A NEW INDEX OF THE PUBLIC STATUTES'

New index to Besolvecl, That the governor be and he is hereby author-

statutes.'* ized with the advice and consent of the council to appoint
some suitable person to prepare a new index of the Pub-
lic Statutes of the Commonwealth, enacted on the nine-
teenth day of November in the year eighteen hundred and
eighty-one, and to fix the compensation for the services
of the person so appointed. Said index shall also con-
tain full references to any subsequent legislation affecting
the Public Statutes. After said index and table of changes
shall have been prepared and shall have been approved by
the governor and council they shall be printed in all
editions and copies of the Public Statutes which may
hereafter be issued and furnished for sale in compliance
with the law in relation thereto, and they shall also be
printed in a separate volume and sold at a price not
exceeding the cost of printing to be determined by the
governor and council. Ap>proved June 28, 1886.

L/fiap. 7b Resolve authorizing the state board of education to in-
vestigate THE SUBJECTS AND METHODS RELATIVE TO ESTABLISH-
ING A HALF-MILL FUND FOR THE SUPPORT OF PUBLIC SCHOOLS.

•; Bill to eatab- Hesolvccl, That the state board of education be and
fund Vdr public thcy are hereby requested to investigate the entire sul)ject
to%Troponed antl methods of the proposed " bill to establish a half-mill
^^e'lu^cat'ioir*^ fund for the public schools and to distribute the same for
their support," printed as house document, number four
hundred and forty, the necessity for and effect of the

1886. — Chapters 77, 78, 79. 385

siime, with such statistics as shall illustrate the operation
and efloct of the hiw, if adopted, upon each city and
town in the Commonwealth, provided they recommend its
adoi)tion, and report in print separate from their general
report to the next general court at the beginning of the
session, with such recommendations concerning this phase
of our public school system as they may deem wise.

Approved June 29, 1S86.

Resolve in favor of the town of klssell. Cliaj). 77

Resolved, That theie be allowed and paid out of the TownofRus-
treasury of the Commonwealth the sum of one hundred
and seventy-six doUars and sixty-eight cents to the town
of Kussell, in full settlement of the amounts expended
l)y said town in the support of Kate Cavanaugh, a state
pauper, between the tirst day of November in the year
eighteen hundred and eighty-one and the fourth day of
January in the year eighteen hundred and eighty-four.

Ajjproved June 29, 1SS6.

sell.

Chap. 78

Resolve providing for repairs and improvements in and fur-
niture FOR TUE state HOUSE AND COMMONWEALTH BUILDING.

Resolved, There be allowed and paid out of the treas- state house an,i
ury of the Commonwealth a sum not exceeding eighteen buiidTg.'^^'^'^
thousand dollars, for repairs and improvements in, and
furniture and carpets for, the state house and Common-
wealth building, and for apparatus for the engineer's de-
partment in the state house : jnovidtd, that all expendi-
tures of over five hundred dollars shall be ()i)en to
competitive bids. Said sum shall be expended under
the direction of the commissioners on the state honse.

Approved June 29, 1886.

Resolve concerning certain agreements between the com- Qhaj) 79

MONWEALTII AND THE BOSTON WATER POWER COMPANY IN RELA-
TION TO COMMONWEALTH AVENUE AND CERTAIN OTHER STREETS
AND PASSAGEWAYS ON THE BACK BAY IN THE CITY OF BOSTON.

Resoh'ed, That an agreement heretofore entered into Agreements
by and between the Commonwealth, acting by its board co'mmonw.'aiih
of land commissioners, and the Boston Water Power wat'rVower"
Company, dated December nineteenth in the year eight- Company made
een hundred and seventy-seven, and recorded in Sutfolk
registry of deeds, book fourteen hundred and four, folio
two hundred and seventeen, in relation to a change in the

386 1886. — Chapters 80, 81, 82.

direction of Commonwealth avenue westerly from West
Chester park in the city of 13ost()n, and also an indenture
entered into by and between the same parties, dated Feb-
ruary twenty-sixth in the year eighteen hundred and sev-
enty-nine, and recorded in Sutloik registry of deeds, book
fourteen hundred and fifty-one, folio eighty-two, for the
mutual release of the Commonwealth from any obligation
to keep open a certain section of a passageway on the
southerly side of Boylston street in said city, and of said
Boston Water Power Company from any obligation to
conform to a plan previously adopted by the parties in
regard to certain streets, lands and passageways lying
westerly of said AVest Chester park, both of which instru-
ments have been duly approved by the governor and
council, be, and the same are hereby declared to be
within the powers of said board of land commissioners
and to be valid and binding on the Commonwealth.

Approved June 29, 1886.

Chcip. 80 Resolve ix favou ok the widkw of the late jesse b. wheeler.
wi.iowof Resolved, That there be allowed and paid out of the

Je-f^e B. I'll

Wheeler. trcasury to the widow of the late Jesse B, AVheelcr, mem-

ber from the fifth Worcester representative district, the
amount said Wheeler would have been entitled to had he
served as a member to the end of the present session.

Approved Jane 30, 1886.

ChCip. 81 IvESOLVE IN FAVOR OK LUCRET[A D. DURGIN, ADMINISTRATRIX.

LiicretiaD. Uesolved. T\\?ii there be allowed and iniid out of the

Duigiii, admin- /. i ■. i i t • t^ t-. •

istratrix. trcasury 01 the Lommonwealth to L/Ucretia u. Durgin, as

she is administratrix of the estate of Ednnind Durgin,
late of Boston, deceased, the sum of four hundred and
fifty-nine dollars and sixty-three cents, as full compensa-
tion for filling in certain lands and flats belonging to the
Commonwealth at Prison Point, so called, in the Charles-
town district of Boston, near the track of the Eastern
Railroad Company, by said Edmund Durgin before his
decease. Approved June 30, 1886.

Chan. 82 KeSOLVE in addition to a RESOLVE PROVIDING ACCOiMJIODATIOXS
FOR VARIOUS NEW COMMISSIONS AND ADDITIONAL ROOMS FOR
OTHER DEPARTMENTS.

uotmToTnew ItesolveJ, That the commissioners on state house are

comraissioiiB, hcrcby authorized, in carrying out the provisions of

1S8G. — Chapters 83, 84, 85. 387

rcsolvo, chnptcr seventy-four of the year eighteen hun-
dred and eighty-tive, to expend for rent annually, a sum
not exceeding. forty-two hundred dollars. They may also
expend in making alterations to and properly titling up
any l)uilding they may rent, and for providing necessary
furniture for certain new commissions established by the
present legislature, a sum not exceeding thirty-eight hun-
dred dollars. Approved Jane 30, 1886.

Resolves pkovidin-g fou a kevision axd coDn'-iCAXiox of the (JJkij)^ 83

EXISTING LAWS UELATIVE TO INSURANCE.

Resolved, That the insurance commissioner be author- insurance laws

II .1, •• iTi?i.' to be revised

ized and requested to prepare a revision and codmcation andcodiaed.
of the existing laws relative to insurance, and report the
same to the next general court.

Itemlved, That such commissioner be authorized to
employ the assistance necessary to complete the Avork.

Approved June 30, 1886.

Resolve to provide for aiding pkisoxeks discharged from (JJidjj^ 84

THE MASSACHUSETTS REFORMATORY.

llexolved. That there be allowed and paid out of the Aidforprison-

„ , ,- , , -1. r,(, ers dischiirged

treasury or the Commonwealth a sum not exceeding tit- from uie Massa-
teen hundred dollars, to be expended by the commission- atoly."* "^^^ ""^^
ers of prisons for aiding prisoners discharged from the
Massachusetts reformatory during the current year, said
sum to be in addition to that which said commissioners
are authorized to expend for that purpose by chapter two
hundred and tifty-tive of the acts of the year eighteen
hundred and eighty-four. Approved June 30, 1886.

Chap. 85

Resolve to confirm the acts of albert j. bamfard as a
justice of the peace.

Resolved, That all acts done by Albert J. Bamfard as Aibertj.Bam-
a justice of the i)eace between the twentieth day of ^larch ti'e peacc^'^acu
in the year eighteen hundred and eighty-six and the ''°"'^'"™®'^-
twentj'-tifth day of June in the year eighteen hundred
and eighty-six are hereby confirmed and made valid to
the same extent as though he had been qualitied during
that time to discharge the duties of said oliice.

Approved June 30, 1886.

388 1886. — Chapters 86, 87.

Chap, 86 Resolve relating to the disposition of certain property of
the commonwealth in the possession of the commission on
drainage.

d°aTn"geto"tu™ Resolved, Thiit the commission on drainage, appointed
over plans, etc., under cliaptcr sixty-three of the resolves of the year

to stftte board of i •/ •/

health. eighteen hundred and eighty-four, be and they are hereby

directed to turn over to the state board of health all
plans, papers, instruments and other property in their
possession belonging to the Commonwealth.

Approved June 30, 1886.

(JJlCij), 87 Resolve relating to plans for the better accommodation

OF THE DEPARTMENTS AND OFFICERS OF THE STATE GOVERN-
MENT IN THE CITY OF BOSTON.

Plan to be pre- JResolvccl, That the governor and council shall devise

Bented for use, ^ ' C3 » i />

for state pur- and rcport to the next general court, a general plan tor

poses, of land in . , . . P . j /> j ^

vicinity of state the usc, occupatioii and improvement tor state purposes
house. Q^ .^jj^ lands in the vicinity of the state house, including

therein the present state house grounds ; and for the
removal, alteration or enlargement of any existing build-
ings, or the erection of any new buildings thereon : ^)?'o-
vided, that the present state house, and particularly the
southern front thereof, be substantially preserved.

Approved June 30, 1886.

Amendment to the Constitution. 889

PEOPOSED AMENDMENT TO THE
CONSTITUTION.

The following proposed Article of Amendment to the Amendment to
Constitution of this Commonwealth has been officially cer- tion, proposed.
tified and deposited in the Secretary's Department, as re-
quired by chapter 2, section 32, of the Public Statutes,
and if agreed to by the General Court next to be chosen,
in the manner provided by the Constitution, must be sub-
mitted to the people for their ratification or rejection : —

Resolve to amend the constitution relative to the qual-
ification OF voters for governor, lieutenant-governor, sen-
ators AND representatives.

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

Article of Amendment.

So much of article three of the amendments of the Con-
stitution of this Commonwealth as is contained in the fol-
lowing words : " and who shall have paid, by himself, or
his parent, master or guardian, any state or county tax,
which shall, within two years next preceding such election.

390 Amendment to the Constitution.

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 ", is hereby
annulled.

House of Representatives, February 11, 188G.

The foresfoiiiff Article of Amendment is ao:reed to, two-
thirds of the members of the House of Representatives
present and voting thereon having voted in the affirma-
tive ; and the same is referred to the General Court next
to be chosen.

J. Q. A. Brackett, Speaker.

Senate, March 24,1886.

The foreg-oino; Article of Amendment is ao^reed to, a
majority of the Senators present and voting thereon hav-
ing voted in the affirmative ; and the same is referred in
concurrence to the General Court next to be chosen.

A. E. PiLLSBURY, President.

Resolutions. 391

RESOLUTIONS.

Resolutions on the death of general winfield scott hancock.

Resolved, That the House of Representatives has learned , Respect for
with unfeigned regret, of the death of General Winfield servicf " of oen-
Scott Hancock, the hero of Gettysburg. Scott^anclfck.

Resolved, That the distinguished services rendered to
the cause of liberty and the Union by that patriotic soldier
are Avorthy of special recognition at this time.

Resolved, That the record of General Hancock, in pub-
lic and private life, " as stainless as his sword," afibrds a
worthy example for the emulation of the rising generation
of America.

Resolved, That a copy of these resolutions be extended
upon the records of the House of Representatives, and
that a copy be forwarded to his bereaved widow.

In House of Representatives, adopted February 11, 1886.

Resolutions on the death of general winfield scott hancock.

Whereas, The Senate of Massachusetts has heard with Respect for
sorrow of the death of Major-General Winfield Scott ^e'rviclsof oen-
Hancock, and desires to record its appreciation of his great Icou^ancock.
services to the Republic and his high character as a soldier
and citizen ; therefore,

Resolved, That in his death republican institutions lose a
valiant champion and the nation which he helped to save
sufiers an irreparable loss.

Resolved, That his valor in war, his magnanimity in
peace, his self-sacrificing devotion to duty and stainless
character make his career an ennobling example to his
fellow-countrymen, and commend his name to the re-
membrance of a grateful people.

392

Kesolutions.

Resolved, That the shicere sympathy of the Senate is
hereby extended to his bereaved family.

Resolved, That the Clerk of the Senate forward a certi-
fied copy of the above preamble and resolution to his
widow.

In Senate, adopted February 11, 1886.

Resolution concerning the obstkuction to the passage of
shad in the connecticut river.

Obstruction to Wheveas, It appears that by the maintainino; a dam

the passage of ' •'■'■. . -i^i^'in*j_i /•

shad in the Con- across the Connccticut river at ii<nneld, in the state or
Connecticut, by parties in the jurisdiction of the state of
Connecticut, the shad fisheries of the citizens of Massachu-
setts are practically destroyed, because of the obstruction
of said dam to the run of the shad up the river ; and

Whereas, The dam is almost an impassable barrier to
the passage of the fish, and Massachusetts citizens being
thus deprived of the shad, there is little inducement for
Massachusetts to continue the artificial propagation and
cultivation of the shad in that river ; and

Whereas, If the obstruction of the dam was modified as
it might be, to allow the passage of the fish, Massachu-
setts would gladly, in conjunction with Connecticut, re-
establish the hatchery at South Hadley, as the artificial
cultivation and propagation of shad is now so well under-
stood and is so successful that the Connecticut river can
be stocked wnth shad plentifully and cheaply, to the great
benefit of the people of both states ; therefore.

Resolved, That the Commonwealth of Massachusetts re-
spectfully suggests to the state of Connecticut that mutual
measures be taken by the said states for the restoration of
the shad to the river.

That a copy hereof be transmitted by His ExXcellency
.the Governor to His Excellency the Governor of Connec-
ticut.

In House of Representatives, adopted April 7, 1S86.

In Senate, adopted in concurrence, April 9, 1886.

Resolutions relative to home rule in ikeland.
Sympathy with, Resolved, That the legislature of the Commonwealth of

the stingule for ' C _ _

Home Rule in Massacliusetts do hereby tender the Irish people their

IroliiiRl. , ,

sympathy in the struggle they are now making for home
rule in Ireland.

Resolutions. 393

Resolved, That they view with admiration and respect
the noble stand talven by Enghmd's ilhistrious statesman,
William E. Gladstone, in defence of popular government
for the people and by the people.

Resolved, That we tender our congratulations to the
English people on the fact of their having a government
possessing the courage to make an eflbrt to do justice to
the wronged and suflering people of Ireland.

In Senate, adopted Ajiril 14, 1886.

In House of Representatives, adopted in concurrence, April
22, 1886.

Resolution tendering the thanks of the commonwealth to
lieutenant adolphus w. greely.
Resolved, That, reo-arding with iust pride the career Thanks of the

'oo u L .rt (Jomrnonwealth

and achievements of Adolphus W. Greely, a native of to Lieutenant
Massachusetts, the thanks of the people of this Common- ore^efy."*
wealth are eminently due and are hereby tendered to him
as a tribute to his patriotism, courage and loyalty, as
shown in his service as a volunteer soldier ; to his al)ility,
energy and zeal as a regular officer of the United States
Army, in dealing practically as well as theoretically, both
here and in the High North, with the varied scientific
questions arising in connection with the Signal Service ;
to his prudence, patience and enterprise as an explorer,
in solving geographical problems involving the progress
of mankind in science and civilization, and in thus advanc-
ing the name of America to the foremost rank in scientific
Arctic research ; and, finally, to his capacity and intrepid-
ity as a commander, in maintaining the courage, discipline
and unit}^ of his command under most untoward, pro-
longed and desperate circumstances.

In House of Representatives, adopted April 15, 1886.

In Senate, adop)ted in concurrence, April 22, 1886.

Resolution tendering the thanks of the senate to mrs.
mary lynch for the portrait of hon. benjamin t. pickman»
president of the senate in 1833, 1834 and 1835.

Resolved, That His Excellency the Governor be re- Thanks of the
quested to convey to Mrs. Mary Lynch of Digby, Nova trtu^o^f uolT'
Scotia, the thanks of the Senate for kindly transmitting, piekm"n'!'^'
in accordance with the desire of her deceased father,
Francis W. Pickman, Esq., the portrait of the Honorable

394 Resolutions.

Benjamin T. Pickman, formerly President of the Senate,
with the assurance that it will be given an honorable place
among the portraits of other distinguished citizens of Mas-
sachusetts whose names and history are associated with
the Senate of Massachusetts.

In Senate, adopted April 23, 1886.

Resolutions on the death of Stephen n. gifford, late clerk
OF the senate.

s"e^h"n'^N Gif- WJieveafi, The Senate is deeply grieved by the death of
ford, late cierk its latc Clcrk, Stephen N. Gifford, and desires to give en-
during expression to its appreciation of his high character,
and his eminent services as a public official ; therefore it is
Resolved, That by his death the Senate loses an invalua-
ble officer, who during twenty-nine consecutive years has
with rare intelligence, fidelit}'^ and unfailing courtesy facili-
tated its labors, and the Commonwealth loses a zealous
public servant and an exemplary citizen.

Resolved, That the Senate commends the example pre-
sented by his long and honorable "career to all who aspire
to render unselfish and patriotic service to their fellow-
citizens and the State.

Resolved, That a copy of these resolutions be forthwith
transmitted to the family of the late Clerk, to whom the
Senate extends its profound sympathy in their bereave-
ment.

In Senate, adopted April 27, 1886.

Resolutions on the death of Stephen n. gifford.

In ^^^^^^ „., Resolved, That in just recognition of the long and faith-
ford, late cierk ful services of Stephen N. Gifford, late clerk of the Senate
of Massachusetts, whose efficient and courteous discharge
of the important duties of his office won for him the affec-
tion and respect of all with whom he has been connected,
the House of Representatives desire to make formal and
lasting record of their estimation of his valuable services,
their admiration of his high character, their appreciation
of the great loss which the Commonwealth has sustained
in his death, and their profound sympathy for his bereaved
family.

Resolved, That these resolutions be extended in full
upon the records of this House and that the clerk be

of the Senate.

Resolutions. 395

directed to forward a copy thereof to the family of Mr.
Gifford.

Ill House of Representatives, adopted April 27, 1886.

Resolutions on the death of jesse b. wheeler of bolton.

Resolved, That the members of the House of Represen- Respect for the
tatives of the Commonwealth of Massachusetts, appreciat- B.'^whe^eienute
iug the honorable and valuable services of the late Jesse B. Hou'se'^^/'Rjpre-
Wheeler of Bolton, a member of this House from the Fifth sentatives.
Worcester Representative District, desire to express the
high estimation in which he was held by those associated
with him in the discharge of public duties, and to make
their formal recognition of his sterling qualities as a man
and a legislator, and to express the loss sustained by this
body in his sudden removal by death, and their deepest
sympathy for his atilicted family.

Resolved, That in token of the respect in which his
memory is held, these resolutions be entered upon the
records of this House, and that the clerk be directed to
forward a copy thereof to the family of the deceased.

In Hotise of Representatives, adopted May 28, 1886.
Resolutions relating to the seizure of American fishing

vessels by the CANADIAN AUTHORITIES.

Whereas, The people of this Commonwealth view with seizure of
deep concern the official seizure of vessels belonging to its ing ve^eiB by'
citizens, the breaking up of their voyages and the spoliation authorities/"
of their cargo, in the British province of Canada ; and

Whereas, The fishing interests have ever been regarded
as not only among the most valuable and important as a
source of food supply, Ijut invaluable as a nursery for the
naval service of the nation in time of war ; therefore, be it

Resolved, That the Senate and House of Representatives
of the Commonwealth of Massachusetts in General Court
assembled look to the Congress of the United States and
the executive department of the national government for
prompt and decided action, to the end that American fisher-
men may be protected in the exercise of their lawful rights,
and that further complications in regard to the commercial
privileges of our citizens in British ports may be avoided.

Resolved, That a copy of these resolutions be trans-
mitted to the senators and representatives in Congress

396 Acts and Resolves, Etc.

from this Commonwealth, and to the Hon. Thomas F.
Bayard, Secretary of State.

In House of liepresentatives^ adopted Jtme 5, 1SS6.

In Senate, adopted in concurrence, June 9, 1886.

Resolution in relation to the petitions of cyrus w. field

AND others relating TO THE SALE BY THE STATE OF CERTAIN
BONDS OF THE NEW YORK AND NEW ENGLAND RAILROAD COM-
PANY.

Cyrus w. Field Resolved, That Cyrus W. Fiekl and others, petitioners

ana otherB ' ./ ' i

have leave to in the matter of the sale by the State of certain bonds of
petition. the New York and New England Kailroad Company, have

leave to withdraw.

In House of Representatives, adopted June 15, 1886.

In Senate, adopited in concurrence, June 18, 1886.

The Genei'al Court of 1886, during its annual session, passed three
hundred and fifty-five Acts and eighty-seven Resolves, which received
the approval of His Excellency the Governor.

" An Act in relation to the Water Supjily of the city of Fall
River" [Chap. 3.53], was laid before the Governor for his approval,
and was returned by him to the Senate, in which it originated, with
his objections thereto ; was reconsidered, agreeably to the provisions
of the Constitution, and the vote being taken on passing the same,
the objections of the Governor to the contrary notwithstanding, it
was passed, two-thirds of the members of the Senate and Hou.se of
Representatives present and voting thereon having voted in the
affirmative.

" An Act giving preference in appointments to office to honor-
ably discharged Soldiers and Sailors without civil .service examina-
tions," was laid before the Governor for his approv'al, and was
returned by him to the House of Representatives, in which it
originated, with his objections thereto; was reconsidered, agree-
ably to the provisions of the Constitution, and the vote being taken
on passing the same, the objections of the Governor to the contrary
notwithstanding, it was rejected, two-thirds of the members present
and voting thereon not having voted in the affirmative.

A " Resolve in favor of unpaid Veterans of the town of Acton,"
Avas laid before the Governor for his approval on the thirtieth day
of June ; was not approved by him, and did not acquire tlie force
of a law, as the Legislature adjourned within five days thereafter.

The General Court was prorogued on Wednesday the thirtieth day
of June, the session having occupied one hundred and seventy-six
days.

Goveexoe's Address.

397

INAUGURAL ADDEESS

HIS EXCELLENCY GEORGE D. ROBINSON.

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

ADDRESS.

Oentlemen of the Senate

and of the House of Representatives :

It becomes my duty to present to the two branches of
the Legislature, now assembled at the opening of the ses-
sion, such views, suggestions and recommendations as
shall seem to call for consideration and action.

For more extended inquiry than is possible within the
reasonable limits of this address, your attention is invited
to the various reports which will be laid before you.

For correctness of the figures herein given I rely upon
the officials whose duty it is to present detailed state-
ments.

FESTANCIAL STATEMENT

Funded debt Jan. 1, 18«5,
" 1, 1886,

Amount of sinking funds Jan. 1, 1885,

1, 188C,

Increase,

Actual expenses 1884,

" " ld85, so far as ascertained,

$.31,432,680 90
31,432,680 90

#17,731,724 94
18,182,672 44

#450,947 50

^4,817,242 50
4,902,748 09

398 Governor's Address.

ESTIMATES FOR 1886.

Payments for all purposes, §5,631517 01

Receipt-, iuelvidiDg cash on hand, but exclusive of

direct State tax, 4,951,407 67

Deficit, $6^0,109 34

111 examination of the items of expenditure for 1885 it
will be observed that the increase over 188-t has resulted
from some unusual demands. For instance, —

Purchase of equity of Troy and Greenfield Riilroad, $16,292 16

The decennial census, 92,000 UO

Public buildings, 216,000 00

Massachusetts Reformatory, 1:^9,000 Ou

A State tax of $1,500,000 will evidently be necessary.
Your prudent e( onomy and forethought will prevent an
int^rease of that burden on the people.

TROY AND GREENFIELD RAILROAD AND IIOOSAC TUNNEL.

The total income from all sources, as given by the Man-
ager, for the year ending Sept. 30, 1885, is . . $313,282 31
Total expenses, other than for construction, . . 261,756 96

Balance, . !J51.525 35

The expenses are increased liy the amount of $21,800 09
paid in settlement of suits tor (lamages caused by a serious
collision at North Adams in October, 1882.

In completion of the second track pursuant to authority
the Manager has expended $35, 70U. 66. No further ap-
propriations for the road are needed. The earnings for
the coining year will undoubtedly be more than sufficient
to meet all necessary expenditure.

Under the provisions of chapter 297 of the Acts of
1885, being an act to promote the consolidation of the
Troy and Greenheld Railroad and certain other railroads,
the three months allowed for the organization of a corpora-
tion for the purpose of constructing, a((j[uiring by purchase,
and only when constructed or purchased, of operating, a
direct and continuous line of railroad from Boston, Somer-
ville or Cambridge to a point on the boundary of the
Commonwealth, in the town of Williamstown, expired
Sept. 5, 1885. No such corporation having being formed,
the Governor and Council were informed that the Fitch-

Governor's Address. 399

1)111-2; Kailro.'id Company desired to enter into negotiations,
iiiuler t;ection a and the following sections of said act, to
etlect the contein})lated consolidation. Extended exam-
inations and investigations into the value, condition and
connections of the State's road, the Fitchburg liailroad,
the Troy & Boston Railroad and the Hoosac Tunnel &
AVestern Kaihvay, Avere entered upon, and are still in
progress. The i)roblem is obviously so complicated and
ditHcult and involves so largely the interests, present and
prospective, of the Commonwealth, that it has not been
practicable as yet to reach a conclusion. The Governor
and Council do not understand it to be the intent of the
Legislature, or the desire of the people at large, that the
State's property shall be so!d at the highest offer in dollars
and cents to the treasury, with no regard to the immedi-
ate and ultimate control and use of the road, or to the
establishment of a strong, independent line of transporta-
tion from our seal)oard to the West. Whatever result of
the negotiations may be reached under the act, it will be
my pleasure to communicate to you promptly.

NEW YOKK AND NEW ENGLAND RATLKOAD.

Under the authority of the Acts of 18G7 and 1<SG9, five
per cent, sterling bonds were issued as a loan by the Com-
monwealth, to the amount of £743, GOO, or $3,(518,729.40,
payable in 1900, to the Boston, Hartford & Erie Kailroad
Company, to aid in the construction of a line of railway.
From the proceeds of the sale of this scrip, and as a condi-
tion of the loan, the company paid into the State treasury
$626,400, toward the creation of a sinking fund for the
payment of the l)onds at maturity. The company agreed
further to pay the interest on said bonds, being $180,000
a year, in gold and exchange; but utterly failed to per-
form that agreement, beyond a contribution of $13,533.47
in 1870; and subsequent events demonstrated the utter
worthlessness of such agreement. As collateral security
for the loan made as above stated, the Commonwealth
received the bonds of said company, known as Berdell
Mortgage Bonds, to the amount of $3,600,000, being a
part of the authorized issue of $20,000,000. The com-
pany l)ecoming bankrupt and failing to pay, the Common-
wealth became the absolute owner of the bonds so held.
The Berdell mortgage was foreclosed ; and, under the

400 Gover:n'Oii's Address.

authority expressed in the mortgage, the bondholders
were organized into a corporation under the name of the
New York & New England Railroad Company, with a
capital stock of $20,000,000, equal to and exchangeable
for the principal of the bonded debt. The Common-
wealth, by the conversion of its Berdell bonds, pursuant
to the statute of 1874, became the owner of 36,000 shares
of stock in the new company ; and these constituted its
only security, besides the contribution to the sinking fund,
for the payment of the original loan and interest. The
stock yielded no dividend, and was valued at a small sum.
In 1879 the Treasurer of the Commonwealth, acting under
the authority of the Governor and Council, sold upon the
market 1,250 shares for $43,956.25. Ihe Legislature,
being then in session, interfered to prevent further sales,
and provided that said stock should be held for the pur-
pose of redeeming and paying the principal and interest
of the outstanding scrip issued by the Commonwealth in
aid of the Boston, Hartford & Erie Railroad Com-
pany. In 1882, by legislative authority, the balance of
the stock was exchanged, at tifty per cent, of par, into
second mortgage six per cent, bonds of the New York &
New England Railroad Company, to the amount of
$1,737,0(J0, and a cash payment of $500. During 1884
and 1885 the road was in the hands of a receiver under
the direction of court. Interest on the bonds held by the
Commonwealth failed of payment in cash, and in lieu
thereof additional bonds to the amount of $105,000 were
taken, making $1,842,000 in bonds in all. Still further
default in interest payments occurred, and the receiver
had no more bonds available to meet this demand.

The road, franchise and property were subject to a first
mortgage of $10,000,000, with an annual interest charge
of $660,000, one-half of which, being for six months, Avas
overdue. The Commonwealth's $1,842,000 in bonds
formed a part of about four and a quarter millions of
bonds secured by the second mortgage, and on three
millions thereof the interest due last August was unpaid.
The earnings of the road were falling far short of meeting
the fixed charges, and unsecured debts to the amount of
about one and one-half millions of dollars, and two years'
interest thereon, were outstanding.

Foreclosure of the first mortgage for breach of condi-
tions would seriously endanger the holdings under the

GovEtiNOR's Address. 401

second mortgage. The Commonwealth could not, upon
default, enforce payment of principal or interest, except
by foreclosure, and that, too, in co-operation with the
other bondholders, with the probable necessity of proceed-
ings in the courts and legislatures of three states other
than Massachusetts, involving a considerable expenditure
of money, for which no approi^riation was available. The
Treasurer of the Commonwealth, in view of all the cir-
cumstances, was of the opinion tliat the bonds held by the
State were not a reasonably safe investment for the Sink-
ing Funds, and the Governor and Council, concurring
therein, approved measures for their sale.

The whole course of dealings on the part of the State
toward this line of railway, had indicated a purpose (it is
useless now to discuss whether wise or not) , to aid in its
establishment for the general benefit of the people of the
Commonwealth, even if the entire amounts advanced
were never repaid. Indeed, the time when ,tliis latter
advantage could be realized, if ever, had long since passed,
and legislative recognition of that fact was abundant.
Besides, the Commonwealth owned extensive tracts of
land along the line and near the Boston terminus of the
road, the value of which must be largely aliected by the
future condition and management of the railroad. It is
well to consider this land interest at South Boston more
closely.

The road holds in occupation S2^-q\ acres, upon which
it has paid the State $221, G33. It is under agreement to
pay to the State therefor the further sum of $986,532,
and interest thereon semi-annually, being $20,230,64, and
also to perform certain other stipulations advantageous
to the Commonwealth.

In security for the performance of all these obligations
the State holds the fee of the land. The road has ex-
pended large sums in filling and other improvements.

To prepare this land for such occupation and sale, the
Commonwealth had paid before the agreements for sale
were made, $809,765.93.

Upon land closely adjacent to that in possession of the
railroad company, the Commonwealth has expended : —

To purchase riparian rights, |248,091 41

Towards the filling of 99^*^ acres, .... 064,025 85
The estimated cost of completing the filling of the •

99^*^5 acres according to existing contracts, . 160,657 68

402 Governor's Address.

In addition to the above the State owns '^TTj-qq acres,
on which but a small amount of work has been done or
contracted for.

The Treasurer and the Governor and Council unani-
mously agreed that while the State desired to realize for
the treasury the value of the bonds, any sale thereof which
should be utilized to disable the Company in the perform-
ance of its stipulations and covenants concerning the land
held by it, or should embarrass or cripple the efficiency
of the road as a competing line of transportation, would
be injurious in a large sense to the interests of the Com-
monwealth. The State already holds the worthless prom-
ises of the bankrupt predecessor, and has no desire for
others of the same character. Foreclosure and reorgan-
ization alight yield a profit to some participants, but the
Commonwealth would hardly be in a position to take any
benefit. Whatever individuals might do, the State ought
not to use her great power as a bondholder, or permit it
to pass to the hands of others to be used for the ruin of
those who implicity trusted her good faith. Accordingly
a sale was made at ninety per cent, of par, yielding
$1,657,800, to parties who contributed large amounts of
fresh capital to cancel the overdue liabilities of the road,
and to remove every reasonable danger of foreclosure.
An offer which promised $94,402.50, more in immediate
receipts to the treasury was declined, with entire unanim-
ity of judgment, on the part of the Treasurer and the
Governor and Council, in view of all the considerations
stated and the reasonable inferences therefrom.

Now that the receivership has been been terminated,
and the property passed back into the hands of the
Company, under a management which has commanded
the confidence of the public, and developed the road to
the advantage of Massachusetts and her people, with float-
ing debts discharged and the integrity and vigor of the
railway line established, it may well be deemed cause for
o;ratiftcation that the lonoj and embarrassing: connection
of the State with the road has been terminated.

The Treasurer will set out in his forthcoming report a
complete statement of the financial transactions, and of
the condition of the Sinking Fund, to which your careful
attention is invited.

Governor's Address. 403

SAVINGS BANKS.

I§84. 1885.

Number of banks, 168 171

Number of open accounts, . . . 826,008 848,787

Amount of deposits, . . . $262,720,146 97 $274,998,412 93

Amount of guaranty tunds, . . 5,692,504 20 6,604,464 42

Average rate of ordinar}' dividends, 4.15 percent. 4.14 percent.

With a single exception, the record of all the banks has
shown substantial and gratifying success. When the fact
is recognized that with a population of 1,942,000 there are
848,787 open accounts, over 40 per cent, of all the indi-
viduals in the State, and that the averag-e sum standino; to
the credit of each depositor is $323.99, and the whole
amount of deposits, if equally distributed, would give
each individual inhabitant of the Commonwealth $141.64,
the general thrift of the people of scanty earnings is most
satisfactorily demonstrated .

The expert examination into the aflairs and condition
of the Framingham Savings Bank is still in progress, and
it is expected that it may be concluded so as to lay before
you all the results in season for any general legislation
suflScient to prevent the occurrence of such disasters else-
where.

When a bank breaks down, disparagement of the effi-
ciency and vigilance of the commissioners is not uncom-
mon. It is well to inquire whether the duties imposed on
these officers are not so exacting as to render exhaustive
inspection and safe conclusions impossible.

The commissioners are required to supervise 171 sav-
ing banks, carrying deposits and making investments
amounting to over $285,OOO,()0<>, 32 co-operative banks
with assets of $2,510,000, and 8 trust companies having
assets of $49,089,179.73. It is their further duty to ex-
amine the accounts and doings of receivers of savings
banks as often as once a year, and to report to the court
at any time upon special reference.

The examination of the accounts of 170 county officers
is also committed to them, involving the inspection of the
accounts of other officers in order to obtain a correct
verification.

Added to the above are voluminous and statistical
reports, to be submitted to the legislature, and the per-
formance of much incidental and extraordinar}^ work.

404 Governoe's Address.

To any one familiar with the operations of a single sav-
ings bank, carrying say, $5,000,000 in assets, the labor
of testing fully the correctness of the treasurer's accounts,
covering deposits, investments and withdrawals, of deter-
mining whether all the securities and investments conform
to statute requirements, of detecting any possible irregu-
larity or dishonesty in management, of ascertaining
whether all proceedings and acts on the part of the cor-
poration and the officers fulfil the demands of the statutes
and the by-laws, cannot be performed without liberal
expenditure of time and the most searching scrutiny.

Local officers of these institutions are required to exer-
cise a vigilant superintendence, but too often their negli-
gence affords the opportunity of dishonesty.

For the more efficient protection of depositors and for
the good character and fame of the Commonwealth, it
will be well to secure from officers of savings banks a
strict performance of their responsible trusts, and also to
empower the commissioners to keep in regular emplo}'-
raent experts and assistants to aid in frequent and thorough
examinations.

BENNINGTON BATTLE MONUMENT.

In 1877 a grant of $7,500, was made from the State
treasury in aid of the erection of a monument commemo-
rative of the battle of Bennington, no part of the same,
however, to be paid until plans shall be approved by the
governor, and until he shall be satisfied that funds are
provided from other sources, which, taken with the
amount so appropriated, will be sufficient to complete
the monument according to the plans approved by him.

The State of Vermont, having chartered the Bennington
Battle Monument Association, passed an act in 1880,
constituting the governors of Massachusetts, New Hamp-
shire and Vermont members and directors of the Associa-
tion ex officio.

By force of the general statute of this Commonwealth,
the appropriation of 1877 has lapsed. The plan of con-
struction has not been approved as required, and the
proper proofs of sufficient funds have not yet been laid
before the governor of this Commonwealth.

I am advised, however, by His Excellency the Gov-
ernor of Vermont, that the Association intends at an early

Governor's Address. 405

day to secure compliance with the conditions imposed by
jMassachiisetts. I recommend, therefore, that the appropri-
ation be renewed.

MONUMENTS AT GETTYSBURG.

Under the authority of chapter 24 of the Resolves of
1884, the sum of $500 has been paid to each of eighteen
organizations of Massachusetts volunteers, — in all $9,000,
— for the purpose of erecting suitable monuments on the
battletield of Gettysburg. It is known that other organ-
izations named in the resolve have entered into contracts
which upon performance will entitle them to an equal al-
lowance. Inasmuch, however, as the application there-
for is required to be made within a time which will prob-
ably expire before all the Avork can be done, legislation
Avill be needed to extend the appropriation, and to make
it available in accordance with the original purpose.

NEW HAMPSHIRE BOUNDARY.

Pursuant to the authority and request of the last Legis-
lature, commissioners have been appointed on the part of
this State, a like commission having l)een constituted by
New Hampshire, for the purpose of ascertaining and
establishing the true jurisdictional boundary line between
the two IStates. The two commissions have entered
upon the work of survey and investigation, and have
accomplished so much in the way of negotiation that there
is reason to expect an early adjustment of this vexed and
long-continued controversy, upon a basis that will com-
mand approval and ratification.

TOrOGRAPHICAL SURVEY.

Although no legislation seems to be needed ui)on this
subject, it will not be inappropriate to emphasize the impor-
tance of the work, and to commend its successful prosecu-
tion under the direction of the State Commissioners,
acting in co-operation with the United States Geological
Survey. During the year 1885 about 2,500 square miles,
nearly one third of the area of the State, have been
covered. The cost of the field work will very nearly
correspond with the original estimate of ten dollars per
square mile. Of the $15,000 appropriated last year, the
sum of $12,850, or about $5.14 per square mile, has been

406 Governor's Address.

expended. The United States has also made an outla}^
by the Coast and Geodetic Survey, in behalf of the Com-
monwealth, of nearly $1,300 in the triangulation of the
valley of the Connecticut River. This sum has been sup-
plemented by $470.47 out of the State appropriation, in
the determination of the boundary lines of cities and
towns, for which the triangulation is a basis. The city
and town boundary survey has l)een commenced in the
counties of Suffolk, Norfolk, Plymouth and Bristol ; and
it is expected that the work will be continued, and ex-
' tended into the other counties, during the current year
with all practicable despatch. I commend to your favor-
able consideration the reasonable requirements of the
commission, in order that you may provide the means to
meet the necessary outlay.

MILITARY DEPARTMENT.

Not only as the result of my own observation but from
the testimony of able and experienced officers, both State
and national, it is my duty to commend the organized
militia of the Commomvealth, taken as a whole, for excel-
lence, efficiency and faithful service. Should the dread
necessity ever arise to call this force to the bloody conflict
of war, or in aid of the civil power, I am confident that
the full record of honor for soldiery bearing and courage
will not have been written in the history of the past.
Some companies failing to reach the standard of merit
have been disbanded, and new companies substituted.
Inefficiency, indifference, and neglect of the prescribed
tours of duty on the part of a portion of a regiment or
brigade lowers the general average, and brings a measure
of discredit upon officers and men whose fidelity entitles
them to the highest praise. I heartily approve of the
determination of the Inspector General and his assistants
that the Commonwealth shall have the best service pos-
sible, and that organizations given over to laxity and negli-
gence must give way to others which will take just pride
in rendering acceptable return for the liberal support
granted by the General Court.

Through the great courtesy of General Sheridan, in
response to m}^ request, Battery B, Fourth Artillery, U.
S. A., Captain John Egan commanding, was permitted
to encamp with the First Brigade. The service thereby

Governor's Address. 407

rendered, in example and instruction, was most valuable,
and our own Iroojis were most interested ol)servers of the
soldiery hearing and discipline displayed.

EDUCATION.

The outlay for common school expenses during 1885
reached the grand total of 17,045,412.25, aflbrding more
than twenty dollars to each scholar between the ages of
live and fifteen years.

Jsmuber ol" jiublic schools, 6,447

" teachers, 9,521

" " persons between tive and tilleen, . . . 343,810

" " all ages in public schools . . . . . 339,714

Percentage of attendance, 90

Average number of months of sessions, .... 9^

Taking a general survey of the operation of the common
school system throughout the State, and contemplating
the results gained from year to year, there is cause for
abundant gratification. The people evince a lively interest
in the education of the young, and justly regard general
intelligence as the strong, sure basis for the integrity and
permanence of our free institutions and for worthy and
reliable citizenship. No man stands forth to question the
essential importance of the common schools, or to doubt
the wisdom of the fathers who wrought their establish-
ment into the foundations of the Commonwealth. And
yet the highest degree of development and success has
not been attained. The large towns and cities make
liberal provision. They are able, without undue burden
of taxation, to furnish excellent facilities for instruction,
the benehts of which are freely shared by rich and poor
alike, and contribute liberally to the intellectual strength
of the inhabitants.

But in the small towns there is urgent need of improve-
ment. Such communities are unable to provide for their
children e(|ual advantages without exactions which seem
too onerous. But the State is only the union of all the muni-
cipalities, or, rather, the aggregation of all the inhabitants
within them irrespective of their places of residence. The
transfer of population from the small towns to the larger
communities is constant. Lack of early school training
materially weakens the force of such accessions. So
intimately, indeed, are all our people concerned in public

408 Goveenor's Addkess.

and private interests, so completely does the prosperity
of the whole depend upon the welfare of every part, that
a broad, comprehensive consideration and treatment of
the subject of general education is demanded. A system
of intelligent and vigilant superintendence is most helpful,
and should be extended throughout the State. Under its
operation would come better teaching, improved methods,
more vigorous and intelligent work, an aroused general
interest and liberal support.

Power has been given by statute to unite small towns
into districts for the employment of superintendents, and
some slight aid has been afibrded by a more equitable dis-
tribution of the income of the school fund. Nevertheless
only three such districts have been formed. I suggest an
inquiry into the expediency of granting from the State
treasury some moderate sum which shall be available,
under carefully guarded provisions, to aid the small, poor
towns to adopt the district system of superintendence.
If it be said that this makes a departure from the settled
practice of leaving each town to do the best it can in
school matters with its own means, there can be no de-
nial. The justification is the necessity of counteracting
the injurious influences which are unavoidable under pres-
ent conditions. Perhaps there is no better illustration of
the principle than is found in the general advocacy of a
scheme of national aid to education in states which are
powerless to overcome the baneful effects of ignorance
among their people. But one need not go outside the
record of Massachusetts to find munificent grants of pub-
lic money in aid of institutions of learning which do not
touch so closely the immediate welfare of the plain people
of the State as do these scattered common schools in the
poor, country towns.

I take the liberty to refer to my former recom-
mendations in behalf of more effective measures to sup-
press the evils of truancy. Most of the counties have as
yet failed to establish truant schools.

The Board of Education has performed most excellent
work in providing for visits to the schools throughout the
State, in imparting information and suggestions to local
committees, in advising as to the condition of school-
houses, methods of instruction, courses of stud}', means
of illustration, and the attendance of the children, and in

Goverxor's Address. 409

stiniulatiup: a inoie active interest on the part of the teach-
ers and the peoj^Ie.

The I)iiiklinu' for the Normal Art School, provided for
under the legislation of 1885, has been commenced, upon
plans approved by the Governor and Council, and its
early completion is anticipated, at an expenditure not
exceeding the ai)propriation.

AGRICULTUIiE.

The usual degree of prosperity has crowned the labors
of the farmer. The agricultural interests are never pressed
ol)trusively upon the attention of the General Court, and
I am not informed that any special legislation is asked
by the Board of Agriculture. Any just and practicable
encouragement within your power will be, I doubt not,
readily granted.

The Agricultural College is advancing in development
and success. There is throughout the State a better ap-
preciation of its work. In number of students, in merit of
scholarship, and in greater breadth in the course of study,
the college is yielding more a])undiint return.

The trustees Avill lay before you at an early day a
statement of the needs of the institution. To meet these,
and also to continue the support of free scholarships, nec-
essary provision should be made.

COMMISSION ON DRAINAGE.

The General Court is seldom brought to consider a sub-
ject of graver importance than that treated in the report
of the Commission appointed in 1884 to consider a general
system of drainage for the valleys of the Mystic, Black-
stone and Charles Rivers, and certain other portions of
the Commonwealth. Numerous investigations by other
boards and officers have been made from time to time, to
discover adequate methods of relief from the threatening
perils to life and property consequent upon insufficient
and faulty systems of sewerage in the most populous por-
tions of the State, but no comprehensive action has re-
sulted. The present Commissioners, aided by highly
competent engineers and experts, tiave dealt with the
problem in an exhaustive manner, and they present in a
very able report facts, arguments, conclusions and recom-
mendations, with drafts of bills, by way of suggestions,

110 Goveknok's Address.

that imperatively demand your thoughtful consideration
and deliberate judgment. It is unnecessary at this time
to enlarge upon the subject. The success of the plan now
operated by the city of Boston is an excellent demonstra-
tion. Permit me, however, to express the hope that the
net result of the arduous labor and considerable expendi-
ture applied in the work of the Commission will be far
more than a mere addition to the already abundant col-
lection of literature stored with the archives of the
State.

THE CIVIL SERVICE.

The system for the administration of the civil service,
inaugurated by the statute of 1884, and defined by the rules
l)repared l)y the Commissioners and approved by the
Governor and Council, went into operation on the thir-
tieth day of jNIarch last.

Up to the first day of December last, a period of eight
months, 84 examinations had been held for the clerical,
police, prison and fire serv^ice of the Commonwealth and
of the several cities, at which 1,052 men and 240 women
were examined and 958 passed. To remove the distrust
which has been entertained and expressed by some per-
sons, probably upon misapprehension, against the law,
that it must inevitably tend in its operation to admit to the
public service only those who have had the opportunities
to enjo}^ a liberal education and to attain to a high degree
of scholarship, it is quite sutficient merely to state the
fact that of those who passed the examinations 98 per
cent, had received only a common school education.
The number of appointments, during the period stated,
from those certified as eligible, was 188, of whom 133
were men and 55 were Avomen.

In two branches of the public service, namely, the State
Bureau of Statistics of Labor and the Boston Police De-
partment, the new system has been fairly tested by the
number of appointments and promotions under the rules.
The Chief of the Bureau says: "In intelligence, in ca-
pacity, in attainment and in attendance upon work, our
present force reflects the greatest credit upon the civil
service system." The Boston Board of Police say : "It
can be said emphatically that the application of civil ser-
vice rules to appointments and promotions in this depart-
ment has been attended with very satisfactory results,"

Goveknor's Address. 411

111 the selection of laborers for the public works in
Boston the only tests applied are those which every em-
ployer finds necessary in the management of his private
business. An applicant for employment at unskilled labor
is not required to know how to read or write ; but he is
called to show that he is of temperate and industrious
habits and that he is able-bodied. Other things being
e(|ual, those who have served in war, or have had experi-
ence in the work applied for, or have families to support,
are given the first opportunity for employment. The
plan has demonstrated its success. It commends itself to
the heads of departments by relieving them from the im-
})ortunities of personal and political friends ; it commends
itself to the worthy applicants by treating them impar-
tially and protecting them against improper interference
when once employed ; and it commends itself to the citi-
zens and the taxpayers generally in that it brings about
in a business way economical results. The JNIayor of
Boston says : " I can certainly testify that it has been a
great relief to the city of Boston that the Civil Service
Commission has taken care of the laboring population."

The report of the Commissioners, to be submitted soon,
will present interesting facts in relation to the ability oi
those who served in the late war to compete successfully
with others for positions in the public service. With the
preference allowed them under the present law and secured
under the rules, I believe those who possess the proper
(jualifications have a better chance for appointment than
ever liefore. The only instance in which I have had occa-
sion to take official action upon a list of candidates certi-
fied by the Commissioners, occurred in the selection of
members of the District Police. After a careful examina-
tion of all the papers and after a personal inspection of all
the men certified, I tendered appointments to the six high-
est on the list, of whom three had served in war.

Open advocacy of a return to the old spoils system is
now rarely heard. The popular sentiment largely sustains
the reform. Any measure which shall, directly or indi-
rectly, cause substantial impairment of the principles un-
derlying the present system wilj, I beg leave to suggest,
prove prejudicial to the public interest. The evils of the
past will return in even greater force if the existing safe-
guards be destroyed.

412 Governor's Address.

THE CENSUS.

The decennial census of the inhabitants and voters,
taken in accordance with a provision of the Constitution,
has been carried through during the past year, and fur-
nishes the basis for the required legislation on your part to
apportion the Councillors, Senators and Representatives for
the next decade. The enumeration of the people was
promptly completed, and the tabulation of the population
and voters has been already reported.

In round numbers the population of the Commonwealth
is 1,942,000, showing a gain of over 290,000, or more
than 17 per cent, above the last decennial census in 1875.

The industrial statistics, embracing a full return of the
manufacturing and agricultural industries, are in an ad-
vanced state of preparation. As far as can be now antici-
pated, the total expense of the census of 1885 will not much
exceed, if any, that of the census of 1875. Through the
adoption of new methods all the facts gathered will be
given to the public at a much earlier date than before,
and will cover a far wider range of topics.

It occurs to me in this connection to suggest the ex-
pediency of a more frequent inquiry into, and report upon,
the facts and changes touching the great industries of the
State. Censuses taken at intervals of ten years are liable to
be quite inadequate for comparison, for the reason that one
decade may end when our industries are in a flourishing con-
dition, while the next may terminate in a year of great
depression. Statistics are relied upon as of great value
in scientific and economic inquiries, but they may be very
misleading and insufficient to present the true conditions
when collected only at long intervals. An annual account
involving a few inquiries, to be taken as of January first
and the results reported immediately, or by the first of
April following, would present to the Legislature and to
the people the exact data needed relating to total products
and other important features, so that proper comparisons
could be made through good and bad years alike. Such
annual accounts should involve Init few inquiries ; as for
instance, capital invested, quantity and value of stock or
materials used, quantity and value of principal products,
total number of persons employed, total wages paid, capac-
ity of works, number of weeks in operation, and perhaps
some general classification of wages by sex. An account

Governor's Address. 413

of this kind, t:iken by iiuiil and reported as above stated,
would not, I am informed hy the Chief of the Bureau, in-
volve an expense exceeding $7,500 per annum. If this
plan he adopted the regular decennial census of industries
should be abandoned and the extraordinary cost thereof
would be saved. The enumeration of population and voters
would then, as now, be carried on independently, to meet
the requirements of the Constitution. The method of
sim})Iitication of in(|uiries, as proposed, could not fail to
diminish the burden of submitting the necessary returns
to the Bureau. The whole subject is one of significant
importance, and your intelligent judgment is invoked
for its consideration.

RAILROAD RELIEF AND PENSION FUNDS.

The Board of Railroad Commissioners, in their report
for 1881, urged the expediency of legislation sanctioning
the co-operation of railroad companies with their em-
ployees, in the formation and management of funds for
the relief of men disabled by accident or disease, and for
pensions to the aged, and to the families of those dying
in their service. I am assured that the present Board
also cordially approves such a measure. The general
benefits of such a system, in the establishment of amicable
relations between the corporation and its men, in the
certain improvement of the character of the service ren-
dered, in the substantial increase of security to life and
property, and in the provisions for relief in cases of sufier-
ing and hardship, are so conspicuous that argument is
hardly needed in support of any practicable plan to that end.
The experience of the Baltimore & Ohio Railroad Com-
pany, employing nearly twenty thousand persons, has
fully demonstrated during the last five years the feasi-
bility, humanity and wisdom of such a system.

Legislation will be needed to enable railroad companies
to form the kind of association necessary for founding
an^ holding relief funds, and to protect such funds from
attachment by creditors.

PAYMENT OF WAGES.

The increased popular interest in this question fully justi-
fies to my mind the recommendations which I have had the
honor in former years to submit to the General Court.

414 Governor's Address.

Indeed the necessity of a reform in this regard has so
impressed itself upon all classes of the people, that the
time for argument on the justice and practicability of re-
quiring corporations to make more frequent payment of
wages to their employees is welluigh past. What has
been stoutly asserted as a business impossibility has
been put into successful operation in some of the largest
industrial establishments, and the wage workers have
manifested their hearty appreciation of the relief thus
aflbrded them. If it be urged that legislative action will
prove to be a gratuitous interference, to accomplish what
may surely be adopted voluntarily, let it be borne in
mind that it is highly expedient to give prompt expression
to the well-ascertained popular judgment on this subject,
which so vitally concerns the welfare of many thousands
of our people of the scantiest means, and which, once
settled, will not fail to establish and maintain a greater
community of interest between labor and capital.

INDUSTRIAL ARBITRATION .

That perfect independence of thought and action which
characterizes the citizens of a free State like our own,
underlies the right of every person to determine for him-
self what occupation he will follow, whether he will work
at an offered price, or employ others to labor for him on
such terms as they may demand. Absolute liberty in
such matters is essential to individual success. But when
great differences arise between labor and capital, when all
the industrial interests of a community are paralyzed in
the fierce conflict for the mastery, when irreparable injury
is inflicted on every hand, the voice of reason ought to be
heard above the din of force. Strikes and lock-outs may
be quite legitimate, or even unavoidable at times, but
they represent the storm periods, the war crises, of indus-
trial aflairs. Any practicable measure that shall facilitate
peaceful negotiations, recognizing absolutely the equal
rights of all parties to the dispute, will be approved in the
intelligence and conscience of the employed and employers.
Legislation can accomplish nothing further than to give
formal sanction and character to some method for adjust-
ing such difierences by mutual agreement. Arbitration
should be voluntary, not compulsory. I doubt the ex-
pediency of authorizing an appeal to legal process even

Governor's Address. 415

to enforce the ultimate decision. The chief practical
ditticnlty arises in the selection of arbitrators. Invest some
official, whose tenure of office is independent of the result of
popular elections, with the power to appoint a board upon
proper application in each case, and to preserve for future
reference all a<jreements, stipulations and decisions that
may be made in the cases brought before him, and the
way is then open for amicable settlement. I know of no
better depositaries of such authority than the judges of
the probate courts. The functions of their office bring
them into intimate relations with the people, and in the
performance of their duties they are little exposed to
distrust. .

A permanent State board of arbitration could not be
constituted so as to include members qualified by informa-
tion and experience to consider and determine differences
arising in all the varied industries, and therefore would
not fail to lose a measure of confidence. It is, I submit,
altogether more wise to treat each dispute as a separate
issue, and to present it for settlement before a special
tribunal.

FUGITIVES FROM JUSTICE.

Frequent applications are made to the governor to
appoint agents to demand of the executive authorities of
other States offenders fieeing from the justice of this
Commonwealth. Compliance with such applications nec-
essarily involves a considerable expenditure, to defray
costs and fees. The Public Statutes provide, chapter 2lJ^,
section 6, that the account of an agent so appointed shall
be audited and paid by the State. This has been the law
substantially since 1801. When originally enacted, all
legal costs and expenses arising in criminal prosecutions,
unless paid by the party prosecuted, were a charge
against the State treasury. In later statutes that burden
was shifted to the respective counties where such prosecu-
tions occur ; and that provision remains now in force and
in practice, the exception referred to having evidently re-
mianed by oversight. Were it not for the specific lan-
guage of section 6, above cited, there would seem to bie
little occasion to doubt the authority of the courts to
direct the payment from the county treasuries of the
proper allowances for the arrest and return of fugitive
offenders. There is no need of argument to show the

416 Governok's Address.

justice or expediency of bringing this class of costs gen-
erally under the rule otherwise uniform. Prosecuting
officers who recommend that applications for the return of
fugitives be granted, should be charged with the responsi-
bility of controlling and supervising the amount of ex-
penses incurred, before allowance for payment.

Notwithstanding the statute quoted, a practice has
grown up, and received indirect sanction of the Legisla-
ture, to relieve the State in a large measure from such
outlay. The amount appropriated for such purpose for
many years past has rarely exceeded $2,000 a year, a sum
quite insufficient to cover all the necessary expenses. At the
same time, applications to the governor have been granted
generally upon the understanding that the costs should be
borne, in whole or in part, by the county in which the
crime was alleged to have been committed.

Although it is advisable that the usual amount be ap-
propriated, for expenditure according to the discretion of
the governor, for the return of escaped prisoners from
any of the State penal institutions, and in other extraordi-
nary cases, I recommend such an amendment of the stat-
ute as will bring it in harmony with the general provisions
on this subject, and authorize the charge of the costs in
such proceedings upon the counties.

LIQUOR LAWS.

Under the operation of the Statute of 1885, prohibiting
the sale or delivery of intoxicating liquors on election
days, the results thus far observed in the towns and cities
abundantly justify the enactment. The effect upon the
number of arrests for drunkenness is plainly evident.
In Boston, for instance, the daily average of such arrests
is 47, while on the day of the last State election there were
but il arrested for that offence, and on the last municipal
election day only 16.

A strict enforcement of the laws regulating the sale of
intoxicating liquors is demanded in every interest of the
public welfare, and any practicable legislation which shall
secure such result should have your undivided support.

DISTRICT POLICE,

By the increase in the number of officers authorized by
the last Legislature, this force is enabled to meet the en-

Governor's Address. 417

larsfed domancl for tlieir services. In the present organ-
izalion of the District Police the Commonwealth has
secured a high degree of efficiency, experience and reli-
al)ility. It is, however, a serious mistake to assume that
thereby the towns and cities are relieved of their duty to
provide local officers who shall enforce the laws for the
protection of life and property, the detection and punish-
ment of crime, and the maintenance of good order and
public peace. Such transfer of authority and duty would
be, in my opinion, highly prejudicial to the welfare of the
State. In the event of serious disorder or under the rea-
sonable anticipations of an outbreak of violence and law-
lessness, the District Police should act, as heretofore, in
co-operation with the local authorities. But the State
ought not to be depended upon to perform the general
police duty in municipalities, upon which the responsibil-
ity and expense for such service ought to rest.

Under the provisions of section 11 of chapter 28 of the
Public Statutes the authorities of any place may make
requisition upon the mayor of any city for a detail of
officers whenever it shall seem necessary.

PRISONS.

The number of prisoners in all the prisons in the Com-
monwealth October 1, 1884 was 4,388; October 1, 1885,
it was 5,352. Undoubtedly much the largest portion of
this apparently ahirming increase is due to the operation
of the law imposing heavier penalties for drunkenness.
F(jr it appears that in the county prisons and the Boston
House of Industry the whole number of prisoners July 19,
1885, when the new law in regard to drunkenness went
into effect, was 2,960. One month later the number was
3,812, an increase of 852. But there is alarming evidence
that the more serious crimes are more frequent in occur-
rence. In the year 1883-4 (ending October 1), there
were 124 commitments to the State Prison; while in
1884-5, there were 139. Besides, during the latter year
the Reformatory at Concord has been receiving prisoners,
many of whom would have been otherwise sentenced to the
State Prison.

188S-4. 1884-5.

Xumber committed to State Prison on sentences

exoeedincr three years, 88 99

Number on 4 years' sentence, .... 14 22

Number on 5 years' sentence, .... 18 33

418 Governor's Address.

At the present time the number of convicts in the State
Prison, 510, is as large as the institution can accommodate.

In the recent alterations, the number of cells was much
reduced by the enlargement of their size. There is imme-
diate need of additional cells, and these may be provided
by an extension of one of the wings, or by some limited
alterations. With an overcrowded State Prison the Com-
missioners of Prisons, under the approval of the Governor
and Council, might yield to the apparent necessity of
transferring prisoners thence to the Reformatory in advance
of their real merit and thus carry elements there which
would serif)usly disturb, if not practically destroy, all
hopes of reform. Then, too, under the same conditions
the courts would naturally incline to relieve the State
Prison by sentencing to the Reformatory, convicts who
deserve the severer penalty, but who afterward could not
be transferred to the State Prison even if their behavior
justified it and their influence was found to be pernicious.
Let there be no possible overflow from the State Prison
into the Reformatory.

In the w^ork of enlargement as noAv sugfjested the labor
of the prisoners can be advantageously employed, and the
whole work can be done at a moderate outlay. Of the
S20,000, granted last year by resolve for special repairs,
the expenditure of only $7,704.27 has been necessary.

A year ago the number of prisoners in the Massachu-
setts Reformatory at Concord was 140. From that time
there has been a rapid gain until the number stands now
at 620, more than double what was anticipated. The una-
voidable result is the insufficiency of the appropriations to
meet the cost of detention and support, and your early
action js required to meet the want.

A year's management of the Reformatory has proved
the paramount importance of the undertaking, and the
results, though accomplished during the stage of experi-
ment, are on the whole very encouraging. The first sub-
jects were legislated into the Reformatory from the State
Prison, and in many cases their influence obstructed the
plans of reformation. The unexpected increase of num-
bers, the adoption of systems of employment, the applica-
tion of rules for the government of the institution, the
selection and discipline of a corps of competent and reli-
able officers and instructors, the great lack of uniformity
in sentences imposed, the many classes and ages of otfend-

Governor's Address. 419

ers — these all have presented most troublesome difficul-
ties. Experience will undoubtedly suggest the way to
some remedial measures ol" legislation. While it is not a
sound or a just principle to assert that a prior imprison-
ment should debar a convict from the benefits of the Re-
formatory, still, old rounders and vagabonds ought to be
put elsewhere. They are almost hopeless cases and sure
to impart evil. Of the pnsoners in the Reformatory Oct.
1, 18b5, 98 had been committed to other institutions once,
58 twice, 21 three times, 13 four times, 11 five times, 11
six times, and 11 from seven to twelve times. Some allow-
ance may prudently be made for these statements coming as
they do from the men themselves, but it is safe to assume
that they have not generally overstated the facts. As a
rule young men are the most encouraging subjects for the
influences of such an institution. With age men pass
the reformative period and by repeated offences and
imprisonments bt'come incorrigible.

The Commissioners of Prisons in their last annual report
discussed the expediency of modifications of the statutes
so as to apply the system of indeterminate sentences to
the Reformatory. In New York it is provided that every
sentence to the Reformatory shall be a general sentence
to imprisonment in the New York State Reformatcjry, and
the courts of the State imposing such sentence shall not
fix or limit the duration thereof. The prisoner becomes
liable to serve the maximum term set by law for the crime
of which he was convicted, but under the operation of the
ticket-of-leave syijtem he may go at large whenever the
managers are satisfied of his reformation and fitness to
return to society. The prisoner is, therefore, at once put
upon his good behavior, and the duration of his imprison-
ment depends on his conduct and his character, as ascer-
tained by observation and inquir\\ Mistakes will certainly
be made, but they are n(jt so likely to occur in this way
as under the present method, during the brief time in
which the court can make investigation f)efore sentence.
With some modifications, as suggested by the Commis-
sioners, 1 think the system may be applied to the Reforma-
tory, as it has been substantially, and with gratifying
success, to the Reform School and the Industrial School.

With reference to the Reformatory, let there be a class-
ification, to the end that for certain grave offences the
service of the prisoner in that institution shall not exceed

420 Governor's Address.

five years, and for minor crimes shall not exceed two
years. Convicts deserving severer penalties should be
sentenced to the State Prison for a fixed term, to be deter-
mined by the court. Tbe \Yoman's Prison has fully
maintained its high standard of excellence throughout the
year. There can be no doubt that the effect of the disci-
pline and instruction upon the prisoners is most salutary, and
habits of order, cleanliness, industry and obedience are so
firmly impressed that their intiiience is permanent in many
instances upon the character.

To find employment for the prisoners at Charlestown
and Concord is one of the most serious and perplexing
problems. From 100 to 150 men in each institution
could be engaged if work were to be had.

Withiu the last few days, a contractor at the State
Prison has given notice of his intention to terminate his
contract at the end of three months, stopping the work
of forty men. It has become now the question, not
whether the prisoners shall be emploj^ed under one system
or another, nor whether they shall do this or that work,
but whether they shall do anything beyond the scanty
service of the institution. Nor is it now a question of
profit in dollars and cents to the treasury. Important as
that consideration may be, toward the reduction of taxa-
tion and the consequent relief of outside labor from burden
and tribute, it sinks into insignifiance when compared with
the policy, the necessity, the humanity of so dealing with
men under penal treatment that the discipline may be
efficient, their health and reason maintained sound and
clear, and their usefulness as fellow-beings be not utterly
destroyed when they are entitled to return to the orderly
life of the citizen.

Work is done at the State Prison under the contract
system, and at the jNTassachusetts Reformatory on the piece-
price plan. Manufacturing upon public account has not
been introduced, for the reason, undoubtedly, that the
original outlay would necessarily be very large, there
would be danger of disastrous losses in the control and
sale of the products, and competition in any business
undertaking sustained by the abundant capital of the
public treasury would not faiTto be seriously detrimental to,
if not destructive of, private enterprise and outside labor.

Extended investigations into the various systems of
prison labor have been made in late years by the Chief of

GovERi^dR's Addeess. 421

the Eureau of Statistics of Labor, and by committees
under the direction of the Legislature, and their reports
present important testimony and conchisions. The Joint
Special Committee on Contract Convict Labor, appointed
in 1879, containing in its membership several gentlemen
prominent in the treatment of the problems of prison labor
and penal discipline, discussed fnlly the eifect of the con-
tract system on free labor and the general industries of
the State. Li their report they say : " The testimony of
manufacturers and contractors, workmen and philosophers,
stripped of its verbiage, and reduced to the level of plain
fact, coupled with a thorough weighing of the advantages
and disadvantages of prison contracts, has brought your
Committee to the opinion that the effect of prison con-
tracts upon the combined industries of the State is not
appreciable."

Since that time, in harmony with the recommendations
of that committee, the reformatory has been established,
and employments introduced there, with a view to the
reformation of first-offence men, and others deemed worthy
of special effoit in their behalf. In order still further to
reduce to the minimum the injurious competition of prison
labor against free labor, the statute of 1883 was enacted,
limiting the number of prisoners to be employed in cer-
tain leadino; industries. So far as has been brought to
my attention, there is no substantial complamt agamst
the systems now pursued in either of the institutions
named.

I have deemed it my duty to lay before you the facts
bearing upon this question, because in lack of employ-
ment the expense of prison maintenance is largely increased,
and the best effects of discipline cannot be obtained ; and
I invoke to its solution your best judgment, in accordance
with the principles of sound business methods, and the
instincts of humanity and justice.

The system of overwork, or extra payment to the pris-
oners for labor performed by them after completion of
their allotted tasks, which has been in practice more or
less in the State Prison for many years, is, 1 am convinced,
prejudicial to the best management of the prison, and of
no real advantage to the Commonwealth, or to the con-
tractors or employers. If prisoners may stipulate with
contractors or employers for terms upon which they will
perform acceptable service, it is not difficult to see that

422 Governor's Address.

they in a measure control their own employment, and
exercise a privilege which they have justly forfeited upon
conviction of their crimes. Besides, the benetits are not
equal, and mnny men are so employed that they can have
no share. This is not a new question. I have already
twice brought it to the attention of the General Court.
It is true that some contractors argue that it is for their
interest, and for the benefit of the State, to continue the
system ; but, in the large and comprehensive view of
prison control, and in a full appreciation of the obligations
of the Commonwealth to the prisoners, and of the prisoners
to the Commonwealth, I have no doubt that a legislative
declaration for abandonment of the practice would be
most wise.

Some allowance may well be made by the State to
prisoners in consideration of fidelity, industry and good
conduct; but it should be granted upon a basis of fair
and reasonable equality, and should reach every prisoner,
without regard to the work in which he may be engaged.
In other States, such provision is made by direct appro-
priation. Any such plan should be extended to the
Massachusetts Reformatory and to the Women's Prison,
into which no system of overwork has been introduced.

LUNATIC HOSPITALS.

The most cursory glance at the reports of the trustees
and superintendents of all the lunatic hospitals will be
enough to prove that the pressing demand is for more
room for patients. This opinion is corroborated by the
State Board of Health, Lunacy and Charity, by the Gov-
ernor and Council, and by every other person who has
had the opportunity of personal observation of the prevail-
ing conditions.

When arrangements are completed — probably several
months hence — for reception of patients at Westborough,
there will be accommodations, on present plans, for three
hundred and twenty-five in that institution. That pos-
sibly may be sufficient immediately to relieve the other
hospitals of serious overcrowding, but will not meet the
demand of the regular increase in the number of insane in
the State. Nor is much to be expected, for the present,
at least, from the operation of the statutes permitting the
boarding out of harmless patients, and authorizing cities

Goverxor's Address. 423

of more than fifty thousand inhabitants to establish and
maintain asylums for the chronic insane.

I see no way to meet the exigency except in the line I
had the honor to recommend a year ago, — namely, by the
construction of a commodious and comparatively inexpen-
sive asylum, sufficient for two or three hundred persons,
in connection with one of the present establishments.
Such a building, made safe and comfortable, would be
occupied by those \yho do not ordinarily require treatment,
and therefore would afford the means of classification
within the institution. Naturally it might be suggested
that as the Westborough Hospital will accommodate only
325 persons, and, as there is a large farm in connection
therewith, it would be best to place additional buildings
there until the whole number accommodated equalled that
in the other large hospitals. But I believe that step would
not be wise. Better let the Westborough Hospital be
opened on its original plan, and afford the trustees a fair
opportunity to establish it in good working condition with
no unusual difficulties to contend with. The future will
undoubtedly furnish occasion to put to use all the resources
of the Westborough property.

In a word, something should be done promptly. To
permit present conditions to continue may invite an appal-
ling calamity, involving great loss of life, and bringing
lasting disgrace upon the Commonwealth.

OTHER PUBLIC INSTITUTIONS.

It is but simple justice to speak in high commendation
of the management of the several hospitals, the State
Almshouse, the State W^orkhouse and the Primary and
Keform schools. The Lyman School for Boys, transferred
to its new location, has afforded most satisfactory results
of the general abandoment of prison methods. The boys
are found to be worthy of a larger measure of trust and
confidence.

So far as is practicable, I believe the children in the
Primary School should be put out into families, especially
in the country towns. They need the influences of the
home more than the discipline of an institution. They
will grow up better men. and women, and become attached
to the communities in which they dwell, and the standard
of their citizenship will be elevated.

424: Governor's Address.

PUBLIC HEALTH.

The people have been signally blessed by exemption
from the dread ravaofes of pestilence. Epidemic cholera,
in its progress westward, has not reached the shores of
our country, and the precautionary provisions made by
the last General Court remain entire and eiScient for the
current year.

Much alarm was excited by the threatening and uncon-
trolled prevalence of small-pox in Montreal, between which
and our large towns and cities a constant interchange of
persons is going on. In response to my request, the Sec-
retary of the Treasury directed from Washington agents
to be sent to the border-line between the United States
and Canada, with instructions to devise and enforce every
practicable measure to prevent the spread of the loathsome
disease southward. Though in scattered places in our
State there have appeared cases which could be traced
directly to Montreal for their origin, no permanent foot-
hold has been gained, and it is now believed that the time
of extreme peril has passed.

To take cognizance of the interests of health and life
among the citizens of the Commonwealth ; to make sani-
tary investigations and inquiries in respect to the causes
of disease, and especially of epidemics and the sources of
mortality, and the effects of localities, employments, con-
ditions and circumstances, on the public health ; to gather
information in respect to these matters for diffusion among
the people ; to investigate contagious or infectious dis-
eases dangerous to public health, when they exist or
threaten in particular localities, and to adopt means to
prevent the spread thereof, either independently or in
co-operation with the local authorities ; to prohibit and
prevent the carrying on of offensive trades ; to take cog-
nizance of the interests of the public health relating to the
sale of drugs and food and the adulterations of the same,
and to make all necessary investigations and inquiries in
reference thereto, — these duties are so com|)rehensive .
and important, that, in view of the public welfjire, their
direction and supervision should be entrusted to those
Avhose learning, wisdom and experience furnish the highest
qualifications, and whose obligations to the public do not
require work in other departments equally exacting. No
portion of the duties which I have described, — and there

Governor's Address. 425

are many more of kindrod character, such as to determine
the sanitary etiect of the pollution of sources and streams
of water, and of the use of certain kinds of illuminating
and fuel gas, — can he neglected with safety. It seems
to me it would be unwise in the extreme to assign the
work of the inspection of drugs, and of milk and other
food, for the detection and prevention of adultei-ations, to
boards or officers who are not qualified by education or
experience tor such analysis and inquiry. Town and city
officers may, it is true, do much to enforce the statutes
relating to this subject, which so closely touches the health
and life of the people : but it will not be safe to depend
on them alone. Intelligence, vigor, courage and vigilance
are needed in one general board or commission, whose
jurisdiction is limited in territory only by the boundaries
of the State. The advantage of those who thrive upon
the fraud and rascality of food and drug adulterations will
be served by any action that shall obstruct or impair the
enforcement of the law ; but they have little reason to ex-
pect protection to their selfish interests.

I recommend the establishment of an independent board
of health, which shall be charged with all the matters
enumerated, and with others demanding like consideration
and treatment. Such a board can work with entire har-
mony within itself, and would be relieved of the considera-
tion of subjects foreign to the underlying principle of its
organization. Medical and scientitic men, sanitarians and
specialists, take a lively interest in the question, and from
them a State Board of Health would receive mostabimdant
aid, the benefits of which could not fail to reach the people.

I am aware how difficult it is — perhaps impossible —
to discuss this topic without seeming to disparage or
reflect upon individuals; but nothing is farther from my
intention. Personal controversies, even about public
aflairs, may seriously concern the participants, but they
are of little consequence when the pioblem is to determine
upon a proper policy of administration. To transfer a
)iortion of the work now imposed on the State Board of
Health, Lunacy and Charity to another Board of special
creation carries no criticism or condemnation ; it merely
recognizes and removes the plain incongruity in duties
assigned to the present organization. It can serve no
useful purpose to rehearse the story of past differences
or difficulties, and the triumph of partisanship, on one side
or the other of such a question, is of insignificant moment.

426 Governor's Address.

No elaborate legislation will be required to effect the
cbano;e proposed, nor need the establishment of such new
board materially increase expenditures. The present
Board will then continue to have supervision over the
charities and lunacy. Inasmuch as the great body of
lunatics are a public charge, they are proper subjects for
consideration and control, in a large sense, by the charity
department. As a rule, pauperism is a concomitant of
insanity. There is, however, no similar relation or close
connection between questions of sanitation, in the broad
sense now outlined in the statutes, and the administration
of public charities.

Exceptional instances will, undoubtedly, be met in the
management of the health department which will call for
the application of charitable relief, but no embarrassment
can arise therefrom more than under the present system
of apportionment of duties among several chiefs of depart-
ments, with sub-committees of the entire board supervis-
ing such work.

STATE AID.

The Commission of State Aid are of the opinion that
to secure greater efficiency and economy they should have
authority to employ more than one person to act as their
agent in investigation of claims for State Aid, and all mat-
ters relatinaj to the orrantino; of such aid. Inasmuch as
the a})propriation on this account is the large sum of
$365,000, and the beneficiaries are scattered throughout
all the towns and cities of the Commonwealth, I believe
a just and proper administration requires the additional
assistance asked for by the Commissioners.

NATIONAL BANK TAXES.

Total tax assessed in 1885, f 1,580,742 89

Ainouut retained by towns and cities, . . . 570.591 89

Due State treasury, ....... $1,010,151 00

Out of the amount due the State treasury the following
amounts are payable :

To cities and towns f391,418 00

savings institutions, 130,133 00

insurance companies, 43.1C4 00

charitable and other societies, .... 29,223 00

$593,93s 00
Leaving net balance to the use of the Common wealth, 416,213 00

Goveenor's Address. ^27

The above would be the result under the regular and
normal operation of the law.

A large proportion of the national banks have paid
their taxes under protest, and declare their purpose to
recover the same in suit, because of alleged unconstitu-
tionality of the law imposing such taxes. It is currently
reported that a combination of banks has been formed to
press their claims.

It is unquestionably for the interest of the Common-
wealth on its own part and on behalf of the cities and
towns to maintain the rightfulness of this tax, and to that
end able and learned counsel should be authorized by the
Commonwealth to assist in the defence which any city or
town may be summoned to undertake.

AMENDMENTS TO THE CONSTITUTION.

Although the Executive takes no part in the considera-
tion of propositions to amend the Constitution, it may not
be deemed an improper interference with legislative func-
tions if he express his views upon so important a subject.
By reference from the last Legislature you will be called
upon to say whether you will permit the proposed amend-
ments to go to the people for their decision. It is undoubt-
edly the constitutional prerogative and duty of each member
to vote upon such proposition as his judgment shall dictate ;
but, as a reasonable element of such determination, no
question of morals or of right being involved, considera-
tion may well be given to the very general interest in the
sul)ject, and the manifest desire of the people to decide
whether the State elections, and the sessions of the Legis-
lature, shall be biennial or annual. Thirty-six of the
thirty-eight States of the Union have abandoned the an-
nual election system, and thirty-three have also adopted
biennial sessions of their Legislatures. None have returned
to their former custom. Only Massachusetts and Khode
Island choose all their State officers each year. It is
impossible to believe that so vast a majority of the people
of the country, of every condition, irrespective of party
predominance, can have adopted a system that accom-
plishes a destruction of their liberties, or a subversion of
their rights, and yet have attempted no measure of res-
toration of the earlier system.

It is not without striking significance that in every
Legislature which has acted upon this question in this

42S Governor's Address.

State the members coming freshly from the people, the
proposition has but narrowly failed of adoption.

The arguments for and against the wisdom and policy
of the proposed changes are quite too familiar to require
restatement. The question is eminently a popular one,
and it will not be authoritatively settled until the people
have had the opportunity to express their judgment up-
on it at the ballot-box.

PUBLIC SERVICE.

No servants of the people are entitled to more grateful
appreciation than those who perform most valuable labors
in behalf of the great interests of the State without a dol-
lar of compensation or personal profit. They freely give
their time and efforts, many of them a portion of their
private means, to aid the Commonwealth in extending re-
lief and benefit to the unfortuuate and the distressed. In
such unjjaid, disinterested service is exemplified the
noblest charity, and higher honor is conferred upon the
Commonwealth than can possibly come to any person by
reason of his or her membership in any Board or Com-
mission.

Senators and Representatives :

The duty of legislation is entrusted to you, and, confi-
dent of your fidelity to all the great interests of the Com-
monwealth, I trust that in all your deliberations and acts
you will be guided by the highest considerations of the
public good.

In co-operation 1 tender untiring effort and unqualified
devotion in the cause of the people of Massachusetts.
With the close of the current year I shall have completed
ten years of high ofiicial service, and shall then retire
from public office to the position and pursuits of the
private citizen.

For the abundant honors bestowed and the generous
forbearance accorded me, I make most grateful acknowl-
edojments.

Special Messages. 429

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives, Jan. 12, 1886.]

I have the honor to present herewith, in compliance
with chapter 50 of the Eesolves of 1860, a report of the
pardons issued h}^ the Governor by and with the advice
of the Executive Council, during the year of my adminis-
tration just closed. The number of convicts thus released
is twenty-eight, of whom nine were in the State Prison,
sixteen in Houses of Correction, two in the Massachusetts
Reformatory, and one in the Bristol County Jail. Dan-
gerous illness was the controlling reason for the discharge
of eight, five of whom have died.

No. 1. George Sherman Rice alias Sherman G. Pardons.
Rice. Convicted of burning a barn, Superior Court,
AVorcester County, January Term, 1883. Sentenced to
three and one-half years in House of Correction. Pardon
granted Feb. 25, iii6o, upon the petition of the iown
officers and many of the leading citizens of Boylston,
where the crime was committed, and upon the recommen-
dation of the District Attorney. Rev. H. S. Kimball of
Dayville, Conn., appeared for the petitioners, and prom-
ised to take the young man into his own family and care
for him, and assist him in obtaining employment. This
was the prisoner's first offence. He was only 17 years of
age when convicted, and was intoxicated at time of com-
mission of the offence. The building burned was an old
unoccupied barn, and worth not more than $40.00. The
sentence seemed disproportionate in length to the char-
acter of the offence.

430 Special Messages.

Pardons. jS^-Qg^ 2 aiicl 3. JoHN O'BrIEN AND ClIARLES J. KiNG.

Convicted of adultery, Superior Court, Essex County,
Feb. 15, 1884. Sentenced to House of Correction for
two 3'ears. Pardoned March 9, 1885, on the ground
that the ends of justice appeared to have been served by
the punishment ah'eady inflicted, and of their exemphiry
conduct while in prison, and good character prior thereto,
and of the evident good which, was the opinion of the
Pardon Committee, would result to the prisoners them-
selves and their families from a release from imprison-
ment.

No. 4. John Hughes. Convicted of robbery, Supe-
rior Court, Worcester County, Jan. 28, 1878. Sentenced
to State Prison for ten years. Pardoned March 18, 1885,
as an act of executive clemency, believing that the ends
of justice had already been fully met, and in view of the
recommendations of Judge Staples, the District Attorney
and all parties interested. Further it appeared that
Hughes was intoxicated at time of commission of the
crime, that he had never before violated the laws, that his
behavior in prison had been excellent, and there was much
evidence that he was deeply penitent and ready to live an
honorable life.

Xo. 5. Thomas Jenne. Convicted of adultery, Supe-
rior Court, Berkshire County, July 17, 1884. Sentenced
to House of Correction for one year. Pardoned April 22,
1885. The pardon was granted upon the recommenda-
tion of a large number of influential citizens of Berkshire
County, who were acquainted with the circumstances of
the case, and the District Attorney, and on account of the
previous good character of the prisoner and the evident
lack of any intention to commit the crime charged. The
oflence consisted of a second marriage and cohabitation
while he had a wife living, but who had deserted him many
3'ears before. He was advised and believed that he had
the right to re-raarry.

No. 6. Adelbert H. HiNKLEY. Convicted of assault
with intent to ravish, Superior Court, Worcester County,
Feb. 15, 1884. Sentenced to State Prison for eight
years. Pardoned April 29, 1885, on the ground that the
petitioner was innocent of the crime of which he was con-

Special Messages. 481

victed. Conviction was had solely on the testimony of r'n''io"8-
the girl, about ten years old, against whom the ofienee
was alleged to have been committed. She subsequently
and of her own accord declared that her testimony was
wholly a fabrication. Upon a full and careful investiga-
tion by the District Police, the girl's character for truth
and veracity was found to be utterly bad, and her lan-
guage and actions corrui:)t, vulgar and lewd.

No. 7. John Moriarty. Convicted of larceny and
escaping from station house, Superior Court, Suffolk
County, April Term, 1884. Sentenced to twelve and six
months, respectivel}^ in the House of Correction. Par-
doned April 29, 1885. It appeared that the sentence for
the original offence had been fully served ; that the peti-
tioner having a wife and four children destitute whom he
would support, if released could find employment better
than at expiration of his term of sentence. The pardon
was strongly recommended by Mr. Whiting, President of
the Board of Directors for Public Institutions of Boston,
whose judgment and experience, as well as familiarity
with the parties and details in this case, entitle his opinion
to great weight.

No. 8. William Nevins. Convicted of robbery,
Superior Court, Suffolk County, November Term, 1883.
Sentenced to three and one-half years in House of Correc-
tion. Pardoned May 6, 1885, on the ground that the
offence for which the petitioner was sentenced was his
first ; that previously thereto he had led a steady, sober
and industrious life, and that while idle for a short time,
because his employer had no work for him, he fell under
the influence of bad associates, and was thus led into con-
nection with the crime, the gravity of which it was thought
he did not fully realize when it was committed.

No. 9. Walter Newell. Convicted of breaking and
entering, Superior Court, Suffolk County, July Term,
1883. Sentenced to two and one-half years in House of
Correction. Pardoned May 13, 1885, on account of the
youth of the prisoner and the influence of his associate,
W'ho now proves to be a confirmed criminal, and also con-
sidering the sentence an excessive one under the circum-
stances. All the propert}-^ taken was returned. The pris-

432 Special Messages.

Pardons. 01161* previouslv had borne a good character, and was led

astray, when intoxicated, by an older criminal.*

No. 10. Stephen Collins. Convicted of manslaugh-
ter, Superior Court, Bristol County, Dec. 15, 18(^4.
Sentenced to State Prison for twelve years. Pardoned
May 13, 1885, for the reason that, owing to new evidence,
grave doubts existed in the minds of the District Attorney,
Medical Examiner and other officers, as to his guilt. The
case was very closely investigated by District Police Offi-
cer Seaver. At the trial Collins had no counsel or wit-
nesses. The Medical Examiner, who had made the autopsy
and found no evidence of violence, was not called to testify.

No. 11. David Eddy. Convicted of being a common
and notorious thief, Superior Court, Bristol County, June
21, 1884. Sentenced to the House of Correction for two
years. Pardoned June 3, 1885. It appeared from the
statements of the Master of the House of Correction that
the prisoner was in the last stages of consumption, with
no reasonalile proliability of recovery. The District At-
torney investigated the case and recommended favorable
action. The pardon was therefore granted.

No. 12. Harrison B. Young. Convicted of break-
ing and entering, Superior Court, Middlesex County, Oct.
29, 1883. Sentenced to two years in House of Correc-
tion. Pardoned June 3, 1885. Young had only a short
time longer to serve. His health was very much broken,
and the physician of the House of Correction, in a full
report of the prisoner's condition, presented the necessity
of his speedy release from further imprisonment, if his life
w^as to be spared. The District Attorney also recom-
mended it, having made a visit to him expressly to ascer-
tain his condition.

No. 13. Mary Kenney. Convicted of adultery,
Superior Court, Suffolk County, October Term, 1884.
Sentenced to the House of Correction for one year. Par-

* Several months after the above pardon was granted, but only a short time
before the expiration of the term of Newell's sentence, the Governor ascertained
that Newell, under another name, had been arrested and committed for trial on
another criminal charge. The strict letter of the conditions of his pardon had
not been violated, but information was sent to the district attorney of Newell's
past record and of the exercise of executive clemency in his behalf.

Special Messages. 433

doned June 16, 1885. It appeared that the petitioner Pardons.
■was not of a vicious nature, but always, prior to the
crime, had led a correct life; that she never really in-
tended or fully realized the extent of her crime ; that she
came here from the Provinces to escape the brutal treat-
ment of her husband; that while here, homesick and dis-
couraged, she met Clark (with whom the crime was com-
mitted, and a fellow countryman), who offered her a
home, which his mother advised her to accept ; and thus
tempted, she yielded. There is also ground to believe in
the existence of mental condition of the petitioner which
weakened her ability to withstand the temptation. Her
brother had agreed to give her a home. The Presi-
dent of the Board of Directors for Public Institutions of
Boston and the arresting officer advised pardon.

No. 14. Thomas Eooney. Convicted of larceny,
Superior Court, Hampden County, June 9, 1883. Sen-
tenced to House of Correction for three years. Pardoned
June 16, 1885, on the ground of the youth of the pris-
oner, having been only 17 years of age when the offence
was committed ; the doubt as to his having been a princi-
pal in the crime, as alleged, and for which he was con-
victed, and because it appeared that he was thoroughly
penitent, and if released he would lead a correct and use-
ful life.

No. 15. John W. Murphy. Convicted of murder,
second degree. Supreme Judicial Court, Worcester
County, Dec. 9, 1876. Sentenced to State Prison for
life. Pardoned June 22, 1885. It appeared that the
prisoner was in the last stages of consumption, with every
indication of a fatal termination in a short time. The
prison physician declared it an impossibility for him to re-
cover. Murphy's parents were ready to take him home
and provide for his last hours of life, and a conditional
pardon was granted. He died Sept. 8, 1885.

No. 16. Nathaniel Hopkins. Convicted of break-
ing and entering, Superior Court, Bristol County, March
13, 1885. Sentenced to one year in House of Correc-
tion. Pardoned July 16, 1885. It appeared from the
certificate of the District Attorney, prison physician and
the master of the House of Correction, that the prisoner

434 Special Messages.

Pardons. WHS ill the l.ist stages of pulmonary consumption. A

member of the Committee on Pardons of the Executive
Council visited the prisoner, and confirmed the reports sub-
mitted in behalf of a pardon. He died about the 25th of
July.

No. 17. Charles HoEAN. Convicted of breaking and
entering, Superior Court, Suflblk County, Sept. 13, 1884.
Sentenced to State Prison for seven years. Transferred
to the Massachusetts Reformatory, Jan. 31, 1885. Par-
doned Aug. 7, 1885, for the reason that it appeared upon
the statement of the Superintendent and the certificate of
the prison physician that Horan had but a short time to
live, and his mother was ready to take him home to care
for him until his death. He died in October.

No. 18. William Kelley. Convicted of breaking
and entering, Superior Court, Suflblk and Norfolk Coun-
ties, — three indictments, — Dec. 10, 1883. Sentenced to
House of Correction, Dedham, for three years. Par-
doned Sept. 1, 1885. The Pardon Committee recom-
mended a pardon : 1. Because the petitioner had an incur-
able disease, — phthisis, — and it appeared from the cer-
tificate of the prison physician that he was rapidly failing
and his early decease probable ; that, in addition to this,
his father was amply able to give him a good home and
comfortable support in his last days. 2. His youth, and,
from the evidence at the hearing, the severit}^ of the sen-
tence, as compared not only with the trivial nature of the
crime, but the penalty inflicted upon the associates in same
oflence, one receiving merely six months' sentence and the
other out on probation. The prisoner was only 15 years
of age when convicted. 3. The pardon was urged by the
sherift'and recommended by the prison physician. Pend-
ing the application, the Governor saw the prisoner at the
House of Correction. He died Nov. 7, 1885.

No. 19. William Thompson. Convicted of having
burglars' tools, Superior Court, Essex County, Jan. 10,
1884. Sentenced to ten years in State Prison. Pardoned
Sept. 23, 1885. Thompson was fatally ill with consump-
tion and other diseases, and was pardoned that he might
die with his kindred. He had been constantly in hospi-
tal, unable to labor or to move about, from the beginning

Special Messages. 435

of his imprisonment. He was tuken by his parents to his PardonH.
home ia Couuecticut.

No. 20. James Spencer, alias Murray. Convicted
of robbery and hirceny, Superior Court, Essex County,
Feb. 13, 1885. Sentenced to State Prison for six years.
Pardoned Sept. 23, 1885, upon tliecertificateof the prison
physician that Spencer was incurably sicl?; with consump-
tion and could live but a verv short time. He died Oct.
25, 1885. "*

No. 21. Mary Murphy. Convicted of fornication,
Second District Court, Bristol County, Aug. 29, 1885.
Sentenced to pay a tine of $25.00, and costs amounting to
$4.22, and remanded to jail in default of payment of same.
Pardoned Oct. 1, 1885. The council advised that a par-
don be granted. It appeared that the prisoner was preg-
nant with child, to be delivered in about two weeks. As
she was only held for non-payment of tine and costs, it
seemed humane to release her. She had been in jail about
a month.

No. 22. Frank W. Torrey. Convicted of larceny,
Superior Court, Norfolk County, Sept. 11, 1884. Sen-
tenced to House of Correction for two years. Pardoned
Oct. 8, 1885. A pardon was granted on the ground that
it appeared to be a case where the exercise of clemency
would be likely to Avork beneficial result to the prisoner.
It was evident that the crime of larceny was committed
while the prisoner was intoxicated ; that he had never
committed any ofience before this, except yielding to appe-
tite for strong drink ; that it was hoped and expected that,
if he was out during the remainder of his term on proba-
tion, it would be more likely to have a good effect upon
this appetite ; and the same was asked for by prominent
citizens of his town and recommended by the District
Attorney.

No. 23. John Powers. Convicted of vagrancy. Po-
lice Court, Brockton, Sept. 23, 1885. Sentenced to
House of Correction for four months. Pardoned Oct. 8,
1885. It appeared upon the statements of Judge Sumner,
City Marshal Wheeler and others, that after the prisoner's
conviction and sentence it was shown by his employers,

436 Special Messages.

Pardona. j^jg fg]io^ woi'kmen aiicl his landlord, that he was not a

vagrant, and that he had been erroneously convicted.

No. 24. John Williams. Convicted of robbery,
Superior Court, Suffolk County, December Term, 1873.
Sentenced to State Prison for fifteen years. Pardoned
Nov. 18, 1885, on the ground that the prisoner's conduct
had been above reproach ; that the offence upon which he
was imprisoned was his first ; that the other participants
in the crime, each of whom was more criminal than the
petitioner, received a less sentence and are now dis-
charged ; and because it appeared evident that it would
be greatly for the good of the petitioner, and in no way
detrimental on grounds of public policy, to grant the par-
don, and because he had an opportunity for immediate
employment.

No. 25. Jeremiah McAuliffe. Convicted of break-
ing and entering, Superior Court, Franklin County,
March Term, 1878. Sentenced to the State Prison for
ten years. Pardoned Nov. 18, 1885, on the ground that
the petitioner's conduct had been above reproach as a pris-
oner ; that he had evidently reformed and was earnestly
bent upon leading a correct life ; and that a pardon, while
in no way detrimental on grounds of public policy, would
be of great benefit to the petitioner and give him an in-
centive and encouragement to become a useful citizen,
which he has never had before.

No. 26. James E. Kicker. Convicted of murder,
second degree, Supreme Judicial Court, Essex County,
June 14, 1870. Sentenced to State Prison for life.
Transferred to the Massachusetts Reformatory, Dec. 27,
1884. Pardoned Nov. 25, 1885, as an act of executive
clemency for Thanksgiving Day, and for the following rea-
sons : Ricker was but 17 years old at the date of the
crime, he was then intoxicated, his prior character had
always been good, he had served on his sentence fifteen and
one-half years, he was found to be orderly and trustworthy,
and gave every promise of a useful and honorable life.

No. 27. Frank D. Bowers. Convicted of murder,
second degree. Supreme Judicial Court, Essex County,
June 14, 1870. Sentenced to State Prison for life. Par-

Special Messages. 437

doned Nov. 25, 1885, for the causes and reasons set forth
in the pardon of James E. Kicker. Bovvers was recom-
mended for pardon at the same time and upon the same
facts, except that he was 18 years old at the date of the
crime. Bowers and Ricker were jointly indicted and con-
victed.

No. 28. Henry McGill. Convicted of assault,
Third District Court, Bristol County, Sept. 1, 1885. Sen-
tenced to six months in House of Correction. Pardoned
Jan. 6, 1886. The Council advised that a pardon be
granted for the reason that upon petition of the wife, the
person assaulted, it appeared that the labor of the pris-
oner was indispensable to the support of herself and her
four small children, and that there was reason to believe
that all good eifect of the imprisonment had been realized.
The Judge of the Court and the City Marshal recom-
mended it.

[To the Senate and House of Representatives, Feb. 25.]

I have the honor to transmit herewith a memorial pre- Portraits of
sented to me by the senators and representatives from Liou''<e*^f Repre'
this Commonwealth in the Congress of the United States, 8«"'"^'^e8.
and also a communication addressed to Hon. F. W. Rock-
well by the architect of the capitol at Washington.

In the national collection of portraits of the Speakers
of the House of Representatives, Massachusetts w^ill, I
believe, desire to be creditably represented, as she was
most ably and honorably served by the distinguished
statesmen who honored the Commonwealth in the admin-
istration of their exalted office.

I beg leave to recommend the subject to your favorable
consideration and action.

[To the Senate, April 20.]

Through the great courtesy and favor of Mrs. Mary PonraitofHon.

. . Beni T Pick-

Lynch of Digby, Nova Scotia, I have received the portrait mau.'
of the late Honorable Benjamin T. Pickman, who held the
distinguished office of President of the Senate in the years
1833, 1834 and 1835, and I herewith place the same in
your keeping in obedience to her request, appending
hereto a copy of the communication accompanying the gift.
Permit me to solicit your grateful acceptance in appre-
ciation of the generous spirit which actuated the donor,

438 Special Messages.

and to tender you my further offices in transmitting to
her, if you shall so desire, the record of your action in
the premises.

[To the House of Representatives, June 21.]

t^omce'^oTToi- ^ ^^^^ entitled "An Act giving preference in appoint-
diersand mcuts to officG to hoiiorably discharged soldiers and sailors

without civil service examinations," has been laid before
me for revisal.

After much thoughtful deliberation, I am constrained to
withhold my approval of the bill, and I therefore return it,
with a statement of objections, to 3'our honorable body, in
which it originated.

The General Court of 1884 enacted a statute to improve
the civil service of the Commonwealth and the cities
thereof. Under its provisions commissioners were ap-
pointed and rules adopted and approved. Examinations
have been held for a great variety of offices and employ-
ments, and the selections made thereupon have proved
satisfactory to a very high degree. Prominent officials
of the State and of the cities, members of both the great
political parties, some of whom doubted at the outset the
wisdom or efficiency of such legislation, have testified
openly to the excellent results secured under the law and
through its administration by the commission. If there
has been' a single instance of favoritism or of partisan
interference or bias on the part of the commissioners, or
any one of them, or if any applicant has been denied an
equal and fair chance with all other competitors in the
test of fitness, information of the fiict has not reached me.
Though it has not been my duty so to do, I have
looked into the character and method of examinations,
and found them notably free from pedantry and adapted
in a most reasonable degree to the requirements of the
various positions. No tests, competitive or otherwise,
can be infallible, but the aim is, as it should be, to find
the fittest person to perform certain specific duties which
the public are interested to have done promptly, faithfully
and capably. I have noticed, as you have undoubtedly,
statements that certain questions, ridiculously inappro-
priate, have been actually put at the examinations, but
such reports are founded, as you know, in misapprehen-
sion and misinformation, to say the least, and are abso-
lutely unworthy of serious consideration.

Special Messages. 430

"When special qiialitications and experience are required, u/office"of"loi.
as is often tlie case, the examination is directed so as to dif-rsand

' sailors.

test them ; but the examinations vary according to the
kinds of duties to be performed. For instance, applicants
for clerical positions and those for labor service are not put
to the same tests. It would be absurd so to do. For
ordinary labor service, applicants are not required to read
or write; they must produce satisfactory evidence that
they have sufficient capacity to work and that they are of
industrious and sober habits. No fair-minded person will
complain of such requirements.

The principles embodied in the law now in force under-
lie the laws on this subject operative in the national gov-
ernment and in the state of New York. So completely
does the system of reform thus established commend
itself to the great body of the people whose trusts the
public offices and employments are, that neither of the
great political parties has failed to approve the advance
thus secured, or to deprecate a return to the old method
of spoils distribution. With the law working so effec-
tivel}'' and smoothly, and sustained by so strong and
unqualified support in public sentiment, I cannot partici-
pate in any measure that whall tend to the impairment of
the system. If any amendment of the law is to be made,
it should be to strengthen, conserve and extend its power,
not to undermine or weaken it in the least. I believe
Massachusetts wants the law to stand unchanged, except
upon the highest considerations of the public good some
moditication in harmony with the general purpose be
demanded.

The enemies of civil service reform who do not dare
to make open attack, and who know that an attempt for a
repeal would end in crushing defeat, will have gained all
they desire if, by indirection and in ambush behind sen-
timents of loyalty and gratitude, they have secured a
virtual destruction or condemnation of the system. But
the members of the general court, who appreciate accu-
rately the dominant public sentiment, cannot sustain or
promote such a purpose. I beg most respectfully to
emphasize the importance of resisting an attempt to tear
down by piecemeal the system in response to a claim, un-
founded and unsupportable, as I believe it is, that full and
just recognition is not secured to the veterans of the late
civil war.

440

Special Messages.

Appointments
to' office of sol-
diers and
sailors.

The proposed bill is certainly not needed to express the
gratitude of Massachusetts for patriotism and sacrifice.
That record is unmistakable. Least of all, will the great
body of the veterans of the late war, now pursuing all over
the Commonwealth the callings and industries of peaceful
citizenship, regard the fate of the pending measure as sig-
nificant of the public appreciation of their services and
their patriotism.

If I could discover any substantial reason to believe
that injustice is done in the administration of the present
law to the patriotic heroes who served in the army or
navy of the United States in the time of the rebellion, I
could not hesitate a moment to unite with you to right
the wrong ; but such is clearly not the fact. While the
United States law has given preference only to those dis-
abled in the service, our own Commonwealth compels the
appointing officers to put the veteran into the public ser-
vice ahead of all others of equal fitness. And the veterans
are not unequal to the prescribed tests of examination.
Reference to the public records will demonstrate that they
have excelled, and have received appointment because of
their superior merit. There is no escape from the facts.
It is not true that only the young man fresh from school
or college can succeed in the competitive trial, or that the
experience of the soldier unfitted him to cope with those
who followed the vocations of peace. During the fourteen
months since the civil service rules went into operation, —
that is, from March '60, 1885, to June 1, 1886,-373 ap-
pointments have been made under the rules to positions
above the labor service. Taking out the appointments to
positions for which the veterans would not under any cir-
cumstances be available (for reasons stated hereafter),
namely, the police and fire service in Boston, and the
clerical service for which women were wanted, there were
224 appointments to positions to which the veterans were
eligible. And it appears from the records that in the
examinations for these positions a larger percentage of
the applicants who were veterans passed than of all others,
and that in the matter of certification and appointment the
veterans also had advantage. For substantiation of these
statements the official reports of the commission are open
to all who seek them, and there is no call in this connec-
tion for specific detail of figures. In the labor service of
Boston, if the applicant is a veteran, the preference in his

Special Messages. 441

favor is almost an absolute guarant}^ that if any person is AppMntmonts
to be set to work he will be taken tirst, provided only, that diersand
he is al)le to work and is of sober habits. saiors.

It has been again and again asserted that the civil ser-
vice law excludes veterans because of their age. That is
an absolute error. The only positions in the present
classified service from which persons are debarred by
limitations of age are in the police and fire departments
of Boston, and in those departments they were debarred
by the age limit before the civil service law was passed.
In this respect and as to this service, the opportunities of
the veteran have not been affected in the least. To no
other position or employment does such limit apply. Be-
sides, this limitation is fixed by local and municipal regu-
lation, and the law of the state and the rules of the civil
service commissioners are in no way answerable or respon-
sible therefor. As the bill before me is not mandatory,
but only permissive, it is plain that the heads of the said
city departments will adhere to their original rules, which
were adopted upon mature consideration and solely with a
view to secure the most efficient service, and therefore the
veterans would be assured no advantage or benefit in this
regard were the bill to become a law.

As to favoring veterans in the matter of physical ca-
pacity, the rules in force go as far as the provisions in the
liroposed bill. Rule XIX, clause 6, says : " Persons
thus preferred" — (namely, the veterans) — "shall not
be disqualified from holding a position in the civil service
on account of any physical disability, provided such disa-
bility does not render them incompetent to perform the
duties."

The mistaken idea seems to prevail to some extent that,
except for the civil service law, every veteran in the Com-
monwealth who desired public office or employment could
at once secure the gratification of his wishes. But could
he do so before the law was enacted ? As a fact, the
places are not sufficiently numerous. And it is no dis-
credit to the veterans to say that very few of them really
seek or desire public employment. Consider how limited
the application of the law really is. It affects only those
offices and employments which are specified in the rules.
It has nothing whatever to do with service for any of the
towns, or with the labor service in any city, except Bos-
ton, or with any of the State offices to which appointment

442 Special Messages.

to''office"of"*soi- ^^ made by the Governor with advice of the Executive
diersand Council. To all thcse admission is now gained as freely

sailors. TCI -it i

as berore the statute was passed, and could not be in the
least facilitated by the bill proposed. If, in answer to this
argument, it be said that the alleged mischiefs of the pend-
ing measure must be therefore only limited, I reply that
the act would be retrogressive, and would tend to create
an opposition among appointing officers and boards to the
civil service rules which has not before existed and which
might prove fatal to their enforcement.

Again, the bill allows the appointment of veterans out-
side the rules, without any report or record of the time or
place of the service of the veteran so appointed. Any
person, therefore, veteran or civilian, may be appointed
outside the rules, without notice to the commissioners, and
the burden will be upon the latter to prove in a judicial
proceeding that such appointee is not a veteran. In the
higher positions in the classified service this may not be so
difficult of proof, but in the labor service of Boston it
would be well nigh impossible toobtain positive knowledge
of each of the hundreds of laborers who might be appointed
outside the rules. The proposed bill, therefore, instead
of conferring a benefit upon the real veteran, would be aa
instrument of wrong to him in the hands of unscrupulous
and dishonest men.

There is another aspect Avhich suggests abundant reason
for disapproval of the bill. Permit appointments without
competitive examinations, and it is at once possible for a
partisan government, in a city, for instance, to discharge
summarily clerks and employees who maybe of the oppo-
site political faith and associations, and fill their places
with more agreeable partisans. True, veterans only can
be thus used to supersede others, but it is equally true
that just as deserving veterans, who perform excellent ser-
vice and have valuable experience, may be decapitated.
And this process may go on every time there is a change
in the party character of the appointing officers. The real
friends of the worthy soldiers and sailors cannot certainly
desire to open the way to such injustice and demoralization.
Under the competitive system it is no object to bring
about a discharge for such a purpose, because the selection
of a successor cannot be controlled to such ends. Facts
have been brought to my knowledge which assure me that
spoilsmen are waiting in hope that this bill may become a

Special Messages. 443

](i\v, and their unworthy schemes then become possible. Appnintmonts

' •^ n ' ^ t i' oliice ol sol-

No amount or vigor of profession of gratitude or devotion (lierasmd

to the veterans ought to avail to conceal these artful pur-
poses, and it is no violent assumption that after such
practices have been inaugurated worthy men of all parties,
soldiers and civilians, will condemn the removal of the
safeguards which now protect the merit system and guar-
anty to the veteran the enjoyment of the preference given
him.

I have no doubt that the bill would fail to give that
benefit to the veterans which its cordial and honorable
supporters anticipate. Those who can pass the competi-
tive tests will gain no advantage, and they average better
on examination than others. No one argues that incom-
petent men should be selected. It would appear to be
mistaken policy, not to say unfair discrimination, to au-
thorize appointing officers or boards to ignore the rights
of the veteran successfully undergoing the tests of exam-
ination by supplanting him by one who has not demon-
strated his fitness, but through personal or party influence
or for unworthy purposes receives the favor.

Other important considerations suggest themselves to
me, but I forbear to present them in this connection. In
your reconsideration of the bill I respectfully urge you to
sustain the reform in the civil service which is so success-
fully established. A legislative censure, or a legislative
approval, will go far to determine its progress and perma-
nence. The difference is plain between the administration
of a law, sustained by the executive and legislative branches
of the government, and the administration of the same law
under a public belief that it has been discredited and
emasculated.

[To the Senate, June 30.]

Upon such consideration of the bill entitled "An Act water supply of

1 • 1 f 1 •• z' -T" n T>- »> Fall River.

in relation to the water supply of the city oi i^all Kiver
as 1 have been able to give, in view of the very general
desire of the members of the General Court to bring im-
mediately to a final adjournment the present protracted
session, I am unable to give my approval to the measure.
I very much regret that the bill could not have been
enacted at an earlier date, so that a closer investigation
and analysis of its provisions might have been in my
power, with the advantage of arguments for and against

444 Special Messages.

Fau River.^'^ °^ it fi'om those qutiHfiecl to present all material considera-
tions thereupon, and that it might have been practicable
to discuss the matter fully.

It is proposed to grant to the city of Fall River the
right to draw daily from the North Watu|)pa Pond not
exceeding 1,500,000 gallons of water in addition to the
amount of water which the city is now authorized to take
under the provisions of chapter 133 of the acts of 1871.
Were this all, it would be in harmony with the general
scope of the various water acts passed in the current and
former years, and I doubt not, be completely justified by
the needs of the city for an additional supply of water to
meet the wants of a rapidl}' increasing population. But
my atte^ntion is challenged by certain unusual and extraor-
dinary provisions which accompany the grant.

The bill proposes, in terms, to relieve the city from
''liability to pay any other damages than the State itself
would be legally liable to pay." Perhaps through inad-
vertence, but in reality, the language excludes all right
or claim to damages whatever. All the parties in inter-
est, so far as I can ascertain, are domestic corporations,
and they must look to the courts of this Conmionwealth
for a determination of their rights. It is difficult to dis-
cover that the State would under any circumstances be
legally liable to pay any sum as damages. Were equita-
ble considerations to prevail, the justice of the General
Court might be invoked, as is not unfrequently done with
success, but no such relief is possible under the bill as it
is framed. Compensation is, therefore, absolutely denied.

Besides, the bill goes still farther in the same direction,
as follows: "Parties holding in respect of said pond any
privileges or grants heretofore made and liable to revoca-
tion or alteration by the State, shall have no claim against
said city in respect of water drawn under this grant. Any
privileges heretofore enjoyed, in respect of said pond, are,
so far as they are inconsistent with this act, hereby an-
nulled."

Let the facts be carefully considered. The Watuppa
Reservoir Company was incorporated by the legislature of
Massachusetts in 1826 " for the purpose of construc'ing a
reservoir of water in Watuppa Ponds (including the pond
in question) for the benefit of the manufacturing establish-
ments on Fall River." The company built and has main-
tained a dam for said j)urpose, and owns and manages the

Special Messages. 445

same for the benefit of the mill interests below. Large w.ner supply of
investments of capital followed, great industrial establish-
ments have sprung up, and the development of the city in
wealth and population has been promoted. The right of
the company to its property was recognized by the Gen-
eral Court in 1871 by the act authorizing the city to take
water from said pond upon payment of damages therefor.
It is not to be overlooked that the charter to this company
was granted before tlie act of 1831, which reserved the
right to alter, amend and repeal subsequent charters, and
without any express reservation to that effect in the act.
Moreover, certain other corporations own and use valua-
ble water rights and privileges in the stream below the
dam, each owning the piivilege attached to its mill. The
several coiporations have accepted the charters, expended
large sums of money to secure the full enjoyment of their
privileges, and are in undisputed ownership of their
property in full reliance upon their rights secured to them
by the contracts between themselves and the State.

The opinion of the supreme judicial court in the ad-
judication of certain cases which arose between these
corporations and the said city under the act of 1871 (see
Massachusetts Reports, vol. 134), is forcibly suggestive
of the sound and just doctrine applicable to the questions
now in point. The respondent, the city, contended that
the State is the absolute owner of a great pond and of the
land under it, that it may drain or fill it at pleasure ; that
the riparian proprietors on a stream which is its outlet
have no rights in the waters of the pond ; but the court
said, "the riparian proprietors on Fall River certainly
have water rights as against all the world except the
Slate." Even if the State might, for the benefit of the
public in general, divert the waters without making com-
pensation, it is by no means to be asserted that the State
can take away valuable rights and privileges from one
corporation to give to another, each being of its own
creation, and each relying upon the pledge and obligation
of good faith on the part of the State. Nor is it sufficient
to justify a departure from this salutary rule that the in-
tended recipient is a municipal corporation, because its
franchise of water privileges is as much for the special
gain and advantage of the city as for the public good,
and the property thereby acquired is in no degree shared
by the State, but is in its own exclusive ownership as

446 Special Messages.

wnter supply of much as the L'lnds and build ino^s owned by the city as
corporate property, and the pecuniary income thereironi
is payable solely into the city treasury. The good faiih
of the State is already solemnly pledged, and the obliga-
tions of its contracts are no more to be disregarded than
are those of the contracts of other parties. It' the power
to alter or amend the chaiters exists, and it undouljledly
does in reference to some of the corporations atl'ected,
that power cannot be exercised by taking away the sub-
stance of their franchise without adequate return, unless
the principles which have been heretofore maintained in
legislation and in the decisions of the courts, are to be
wholly disregarded. The vigorous and healthful language
of the supreme judicial court, expressed in 1852, will
bear repetition: "It is now the well-settled law of the
land that the charter of a private corporation is a contract
within the meaning of the Constitution of the United
(States, and that any act of the State legislature which
violates any corporate right secured by such charter, with-
out the consent of the corporation, is void as against that
constitution. Legislation in violation of chartered rights
is not only contrary to the Constitution of the United
States, but is at war with the first principles of a just and
•well-ordered government. It must be presumed that the
legislature at all times, and under all circumstances, in-
tends to observe good faith. Laws which are inconsistent
with the good faith of the legislature, which impair the
good faith of its contracts, and infringe on rights held
under its own solemn guaranty, cannot for a moment,
upon any consideration, be enforced."

Leaving the Watuppa Reservoir Company entirely out
of account, the riparian owners have the right to use the
waters in the stream for any legal purpose, provided they
do not infringe upon the rights of others or create a
public or private nuisance ; and their present property is
not subject to forfeiture on the ground that an impair-
ment of their rights in the past has been the subject of
compensation. Under the act of 1871 the city did not
take all the water, and therefore it did not pay for the
whole.

It has been urged, I am aware, that the act of 1826
amounted only to a license, and therefore is revocable,
without damage, at the pleasure of the State. But such
construction is not the plain and natural one, I submit,

Special Messages. 447

antl the legislature cannot afford to attempt its adoption WMt.r supply of

O . Fall lti\"er.

and enforcement without the sanction of the courts. Be-
sides, even if that were conceded, the rights of the other
parties in interest, as has been stated, would not l)e
thereby conchided.

Entertaining the views herein expressed, and appre-
hending most serious injury to great enterprises that con-
tribute largely to the prosperity of the State, if the
precedent of this bill be established, I must decline to
express my approval, and therefore return the bill here-
with to the honorable Senate in which it originated.

CHANGE OF NAMES.

CHANGE OF KAMES OF PERSONS.

In conipliunce witli the requirement of the Public Statutes, Cliap. 148, Sect. 14, returns of
the following Changes of Names have l)een received at the Department of the Secretary of the
Commonwealth, as decreed by the several Judges of the Probate Courts in their respective
Counties : —

SUFFOLK COUNTY.

Date of

— "

Dec

ree.
S5.

Original Name.

Name Decreed.

Residence.

Jan.

Gilbert Lewis Pelkey,

Elmer Chickering, .

Boston.

•

12,

Ellen Brownell,*

Clara Davis Merrill,

Newton.

26,

Abram A. Grodjinski,

Abram Albert Davis,

Boston.

26.

Harry Wayland Kingman

Ryan,*

Harry Fred Gordon,

Boston.

Feb.

Robert Harris Comey,*

Robie Harris Went worth.

Boston.

2,'

Everett K. Hatch,* '.

Everett Hatch Higgins,

Boston.

Mary Ellen Anderson,*

Edith May Force, .

Worcester.

Grace Richards Warren, or

Reynolds,* . . . .

Grace Rena Perley,

Boston.

16,

Annie N. Chase,*

Nellie Amanda Manchester, .

Boston.

16,

Daniel McVickers,* .

Frederic Willis Webb, .

Boston.

Mar.

Eddie Crockett,*

Harry Pearl Sheldon,

Boston.

Harold Rogasi,*

Harold Woolf,

New York.

16,

George Henry Moulton,* .

George Henry Mcintosh,

j Fitchburg.

16,

Charles Alvin Smith,

Charles Alvin Duren,

Boston.

23,

Mabel Chapman,*

Alta Mabel Sinclair Rich,

Westbonjugli.

23,

Adelaide F. GitTord,*

Mabel Louise Hervey, .

Boston.

23,

Charles L. Goggin,* .

William Florence Wehrly, .

Boston.

23,

George F. Sellers,* .

George Granson Foster,

1 Boston.

May

Ida Gorham, ....

Ida Chase Lee,

Boston.

Maude Gorham,

Maude Chase Lee, .

Boston.

11,

Emma Frances McDonald,*

Emma Frances Stevens,

Boston.

18,

Elizabeth Estella Field, .

P^lizabeth Estella Little,

Boston.

18,

Sadie Hynes Niles,* .

Sadie Abbott, ....

Boston.

2.5,

William Green,*

William Henry Loomis,

Boston.

June

Ruth Way,* ....

Ruth Cronin, ....

Boston.

Harry Aronson,

Mabel Eveline Naughton,

Boston.
Boston.

Mabel Smith Brown,*

Mary Bryant,* ....

Rita Grace Baker, .

Boston.

15,

Oscar Edmands Bryant, .

Edward Bryant,

Boston.

22,

Mary Bowes,* ....

Mary Susan Kirker,

Boston.

29,

Jacob Myer Ranish, .

Juljus Leoin, ....

Boston.

July

13,

Martha Anna Proctor,

Ma'rtha Annah Caldwell,

Chelsea.

20,

Fannie E. Hawkins,*

Fannie Elizabeth Hawkins
Lovcsy

Boston.

20,

Jere Ireland Moore, .

Sidney Burrill Moore, .

Boston .

^7,

Jane E. Finnegan,* .

Jennie May Chase,

Boston.

27.

George Henry,*

William Calvin Arkerson, .

Boston.

* Changed by reason of adoption.

452

Change of Names.

SUFFOLK COUNTY — Concluded.

Dat

BOf

Decree.

Original Name.

Name Decreed.

Residence.

1885.

Sept.

Emma Bartlett,*

Alice Emma Bartlett, .

Boston.

21,

John Drum,* ....

John Lewis Robinson, .

i Cambridge.

28,

Bessie Haynes,*

Bessie Haynes Wvman,

Boston.

28,

Flora Mattie Worden,*

Flora Mattie Dan forth, .

Boston.

Oct.

George F. Tessier,

George Francis Stacy, .

Boston.

19,

Wm. Gallagher,*

Adelbert Wilbur Fogg, .

Boston.

19,

Grace Phipps,* ....

Grace Darling Mooney, .

Boston.

26,

George Lislie Friend,*

George Orlando Nelson,

Beverly.

26,

Margaret O'Keefe,* .

Margaret Tierney, .

Boston.

Nov.

Alice Miller Farley,* .

Carrie Emma Jessie Kelsea, .

Boston.

Leonard Pierce Smith,* .

Leonard John Bartel,

Boston.

IG,

Lawrin A. Blaisdell,*

Lawrin Alford Gaylord,

Boston.

Dec.

William Burnett Hayes,* .

William Burnett Barrows, .

Matthewson, Ks.

14,

Ellenor Miller Gowin,*

Mary Ellen Conway,

Cambridge.

14,

Catherine Mooney,* .

Lora Bell Haskell, .

Boston.

14,

Ada Sims,* ....

Mable Bassett,

Boston.

28,

Julia Riley,* . . . .

Gertrude Adelaide Newton, .

Boston.

ESSE>

I COUNTY.

Jan.

26,

Hannah Healey,*

Hannah Clohecy. .

Haverhill.

Feb.

Minnie R. Whitmore,*

Mary Elizabeth Russell,

Lynn.

16,

Martha C. Williams,*

Annie Louisa Lord,

Ipswich.

Mar.

16,

Nellie Childs,* ....

Amelia Snow Coombs, .

April

John B. Howes,*

John Burchell Howes Cahoon,

Chatham.

27,

Harrv G. Clifford,* .

Harry Granville Paige, .

1 Plymouth, N. H.

June

Charles E. Follett,* .

Charles Edwin Demerit!,

Dover, N. H.

Flora M. Middleton, .

i Alice Chester Middleton,

Gloucester.

15,

Ames,* ....

Elizabeth Millard Mont-
gomery, . . . .

Rowley.

July

13,

Mabel C. Batchelder,*

Alice Mabel Tenney,

Haverhill.

20,

Adelle Clarke,* ....

Adelia Matthews, .

Boston.

20,

Mabel Putnam,*

Mabel Caswell,

Methuen.

Sept.

21,

Leroy E. Holbrook,*.

Leroy Holbrook Moody,

Haverhill.

Oct.

Ada Russell,* ....

Ethel Putnam Sargent, .

Newton, N. H.

Milton Russell,*

Edward Winthrop Sargent, .

Newton, N. H.

12,

Nellie Pierce,* ....

Ellen Augusta Stone, .

Boston.

Nov.

Eda E. Hanson,*

Eda Evangeline Hanson
Nutter, ....

Wolfboro', :?f . H.

Smith,* ....

Maria Elizabeth Dugdale,

North Andover.

John Wholley,* ....

John Fitzgerald, .

Lawrence.

Dec.

Carrie Wells, alias Florence C.

Wells,* .....

Florence Carter Adams,

Dedham.

21,

Mary E. Coburn,* .

Edith Coburn Noyes, .

Lynn.

21,

Delena J. Hiltz,*

Delena Jane Landry,

Gloucester.

MIDDLE

SEX COUNTY.

Jan.

Millie Louise Bodge,*

Millie Louise Hincklev,

Boston.

Bertha Agnes Olsson,*

Ethel Phinney, . ' .

Cambridge.

13,

Helen Robinson,*

Gladys Fogg,' ....

Newton.

13,

Laura Maynes,*

Laura McGurk,

Boston.

13,

Mary Bertha McDonald,*

Mary Bertha Burke,

Marlborough.

20,

Mary Gertrude Fink,*

Mary Gertrude Brogan,

Cambridge.

* Changed by reason of adoption.

Change of Names.

MIDDLESEX COUNTY — Concluded.

453

Date of
Decree.

Oriifiual Name.

Name Decreed.

1885.

Feb. 3,
3,
3,

10,
10,
2-i,
24,
10,
17,

24,
24,

28,

Mar.

April

May

June

Julv

Sept.

Oct.

Nov.
Dec.

12,
19,
26,
26,
2

2i
9,
23,
23,
23,
23,

14,
21,
28,

28,
1,
8,

22,

27,

24,

David Hunter, .
Alvah Webster Lord,*
Sarah Ellis,* .
Mary Jane Finnegan,*
Willie Henry LaClair,
Edwin Norris,* .
Eva Holdsworth,* .
Ella Caroline Wheeler,*
Minnie Odile Spearing,*

Martha Augusta Godendorf,*
Mary Lyons,* .
William A. (lOrdon,*
Sarah Ella Sherman,
Julia Florence Crowley,*
John Francis Maginniss,
Clara Olsson,* .
Irene A. Mahoney,* .
Arnold Harris,*
Helen Maria Krissmaul,*
Eben Sutton Fish,
Myrtle Hinckey,*
Neal McFabyn,*
Hattie Maria Hyde,*
Alice A. McKay,*
Charlotte Gertrude O'Neal,
Bessie Lydia Bailey,*
Willard Dalrymple Delano,
Mary Alice Cushman,*
James Irving Farquhar,*
Addie Battle Coggeshall,*
Gustavus Flynn,*
Frederick Colpits,* .
Griffin Hume,* .
Mertle Smith,* .
Gertrude DeForrest Smith,
George Emmett Fay,*
Sadie Anderson,*
Barnie McGinness,* .
Christina Drum,*
Lewis William Edniands,*
Frank Richards,
George Samuel Whitlock,
Ida Bradshaw,* .
Catherine Kelley,*
Irene Maud Ford,* .
Mary Elsie Byam,* .

David Charles Fleming,
Alvah Webster Rhoades
Charlotte May Carter,
Mary Jane Watts, .
Willie Henry Richardson,
Edwin Norris Mason,
Eva Louisa Morgan,
Ella Caroline Abbott,
Minnie Odile Blanche Le

blanc, .
Martha Augusta Bettac
Gertrude Ella Armes,
Edgar Allen Hall, .
Ellen Sarah Sherman,
Florence Maria Hasting;
John Innis French,
Lina Genevra Brown,
Irene Ann Looby, .
Ulpian LeRoy Merson,
Helen Maria Nudd,
Edward Coleman Fisher
Laura Dwyre Elliott,
Arthur Neal Harriman,
Ida Hattie Stone, .
Alice Cusson, .
Charlott Gertrude Mitchell,
Bessie Lillian Handy,
Willard Dalrymple,
Mar}' Alice Lyman,
James Irving Brigham,
Addie Coggeshall Ward
Harry Osgood Hinckley
Frederick Colpits Jones
Arthur Wilson Smith,
James Herbert Ames,
Gertrude Smith Watson
George Emmett Dowdeli
Sadie Anderson Chaplin
Barnie Bond, .
Agnes McCready, .
Lewis William Gassett,
Reuben Francis Richard
George Samuel Huntley
Bertha Helen Bennink,
Ellen Susan Richardson
Irene Agnes Henry,
Mary Elsie Reed, .

Maiden.

Ipswich.

Abington.

Cambridge.

Stoneham.

Pittsfield, N.

Brookline.

Pepperell.

Lowell.

Boston.

Newton.

Boston.

Woburn.

Cambridge.

Marlborough.

Boston.
Natick.
Boston.

Newton.
Boston.
Boston.
Holliston.
Medford.
Dalton, N. H.
Ely, Canada.
New Orleans, La.

Cambridge.

Woburn.

St.Law'nce, N.Y.

Northborough.

Waltham.

Cambridge.

Westborough.

Cambridge.

Maiden.

Boston.

Lowell.

WORCESTER COUNTY.

.Jan.

20,

Sybil Minerva Clark,*

Sybil Minerva Smith, .

Hubbardston.

20,

Marv Fahev,* ....

Mary Agnes Lane,

Westborough.

20,

Andrew Fahey,*

Edward Fahey Goggin,

Worcester.

Feb.

17,

Jennie Louise Anderson,*

Jennie Louise Amsden, .

Gardner.

24,

Eva Belle Stiles,*

Eva Belle Seaver, .

Westminster.

Mar.

Florence Mabel Ward,* .

Delle Florence Grout, .

Athol.

17,

Josephine Merriam,*

Tlieodosia Alice Sprague,

Hubbardston.

^.Changed by reason of adoption.

454

Change of Names.

WORCESTER COUNTY —Concluded.

Date of

Decree.

Original Name.

Name Decreed.

Kesiitlence.

1885.

Mar. 17

Mabel Miles Baker *

Mabel Miles Mann,

Leicester.

Florence Leone Eldridge,
Bertha Hunter Ainsworth, .

Fitchburg.
Bovlston.

April

Bertha Louisa Hunter,* .

Eliza J. Buckley,* .

Sarah Louisa Heredeen,

1 Brookfield.

Emma V. Hale,*

Emma Viola Whitney, .

Leominster.

Morris Kopinsky,

Morris Cooper,

Worcester.

May

Flossie Marshall,*

Flossie May Bullock, .

Worcester.

George Gill,* ....

George Stillman Haven,

Worcester.

Elizaoeth Smith,*

Elizabeth Gilligan,

Leicester.

Stephen Wallaston Norcross, .

Stephen Winchester Norcross,

Northborough.

Alice Annie Cooke,* .

Alice Annie Bowdoin, .

Worcester. "

Johanna Moore,*

Phoebe Stone Humphrey,

Phillipston.

Jennie Mary Clark,*

Jennie Mary Wilson,

Sutton.'

Katy Goodnow,*

Katy Scott, ....

Worcester.

Helen D. Page,*

Helen Dorsis Hills,

Westminster.

June

Catherine T. McDonald,* .

Catherine Therese Donnelly,

Athol.

Margret Catherine Rooney,* .

Margret Catherine Egan,

Brooklyn, N. Y.

Percy Edwards,*

Percy Edwards Morrow,

Worcester.

Edward Drum,*

Edward Allen Leach,

j No. Brooklield.

J Illy

John Nelson Boodrow,* .

John Henry Abare,

Winchendon.

Clara M. Wilkins,* .

Clara Frances Dakin, .

Worcester.

Margaret Ann Drum,*

Margaret Leach,

No. Brookfield.

Helen Elizaljcth Newton,*

Helen Elizabeth Green
Knight, . . . .

Southborough.

Sept.

1 Francis ,* . _ .

Francis Charles Mackin,

Milford.

Caroline Stone,*

Bessie Louise Morse, .

Athol.

Christina Butler,*

Fannie Christine Butler,

Athol.

Oct.

George Jansom,*

George Lincoln Montague, .

Northborough.

Anna Lauriette Moore,* .

Anna Lauriette Carpenter,

Royalston,

Nov.

George Edward Conhoy,*

George Edward Corn well.

liUncnburg.

Marie Alphonsine Godette,*

Marie Alphonsine Hirbour, .

No. Brooklield.

Dec.

Mary Newton Estey,*
Gertrude Evangeline Mc-

Flora Louise Migneault,
Gertrude Evangeline Gid-

Worcester.

Arthy,*

dings

Worcester.

HAMPSF

[IRE COUNTY.

Jan.

Celia Plufl',* ....

Celia Tatro

Easthampton.

Mar.

Winona Clark,*

Winona Estella Clapp, .

Northampton.

May

Castola Sophia Cushnian,*

Ca&tola Sophia Dornuin,

Belchei-town.

Chauncev Bliss Coonies,*

Fred Coomes, ....

Belchertown.

Lizzie Amelia Coomes,* .

Lizzie May King, .

Bclcliertown.

July

Carrie J. Piper,*

Carrie J. Hutchins,

Southampton.

Clarence Hames,*

William Henry Montague, .

Belchertown.

HAMPD

EN COUNTY.

Mar.

George Thomas Cook,* .

George Bissell Clark, .

Springfield.

May

Annie Funke,* ....

Annie Barth

New Haven, Ct.

Frank Gorman,*

Francis Earle Moody, .

1 Springfield.

July

Etta Louisa Carr,* .

Etta Louisa Harrigan, .

Springfield.

Sept.

Leila Estelle Cook,* .

Leila Estelle Moore Cook,

Springfield.

f^nvttic':' *

Arthur Lewis Chatl'ee, .

M on son.

Oct.

Frank Gardner,*

Harry Blaisdale Thomas,

Hartford, Ct.

Nov.

Julia Shea,* ....

Julia Connor

Holyoke.

* Changecl by reason of adoptign,

Change of Names.

455

FRANKLIN COUNTY,

Date of
Decree.

Mar.

:\I:iy
June
Aug.
Oct.

Original Name.

Mary Catharine Bean,*
William Bean,*
Thomas Patrick Bean,*
Waldo Ellis,* .
Willie E. Stone,*
Norah Finn,* .
lialph Haven Kearns,

Name Decreed.

Mary Catharine Stevens,
William Bean Stevens, .
Harrison Thomas Stevens,
Waldo Ellis Prentice, .
William J. Little., .
Esther Howe, .
Geo. Alfred Pierce Brown,

Norlhfieki.

Northtield.

North field.

\Varwick.

Montague.

New Salem.

BERKSHIflE COUNTY.

Feb.

Joseph Cunningham,

Joseph Cunningham Ilynd-
man, . . .

Pittstield.

Oct.

Delia L. Arceman,* .

Delia L. Berthiaumc,

Adams.

Robert Cairns,* ....

Robert Gow, ....

Adams.

Nov.

Ralph Severance, * .

Ralph Severance Gavitt,

Montague.

Robert Wood Prior,*

Robert Munch,

Dalton.

Lillian Mahcl Huntley,* .

Lillian Spaulding, .

North Adams.

Dec.

Mary Adelaine Arsino,* .

Mary Adelaine Arsino
Ronssy, ....

Charlemont

Henry Arsino,* ....

Henry Arsino Roussy, ,

Charlemont.

NORFOLK COUNTY.

Mar.

•Jii

Apr.

June

Julv

l.T

Sept.

Oct.

Nov.

Daisy Butler,* .

Jennie Richards Price,* .

Helen Howie,* .

Constance Emily Arrington,*

Michael Richard Keeley, .

Mora Colt,*

Mary Salmon,* .

Mary E. Field, .

Rupert Funny,*

Alice C. Nolan,*

Tisdale,*

Henrj' Brown,* .
Mary Agnes McCabe,*

Hellena May Benkindorf,
Jennie Richards McAllister
Lizzie Belle Taylor,
Alice Doty Sanborn,
Michael Richard Howard,
Florence Martin,
Marion Reardon, .
Mary Ellen Cook, .
Rupert Frederick Crowell,
Alice C. Vogel,
Charles Edwin Giles,
Edward Borelli,
Mary Agnes Fmnegan, .

Boston.

Mcriden, Conn.

Quincy.

Salem.

Quincy.

Boston.

Brooklinc.

Weymouth.

Boston.

Quincy.

Walpole.

Stoneham.

Canton.

PLYMOUTH COUNTY.

Feb,

24,

John Calvin Trainer,

Arthur Freeman Gibbs,

Brockton.

Apr.

'27,

Bessie Mary Howe, .

Bessie Marv Bennett,

Abington.

Mav

11,

Julia Ann Gibbs,

Julia Ann Thayer,

Kingston.

Aug.

24,

Mabel Gertrude Chessman,

Mabel Gertrude Stenchfield,

Brockton.

Nov.

Sarah Sylvester Howiand,

Sarah Sylvester Stetson,

Duxbury.

23,

Willie Clark, . . . .

Edgar Amos Paun,

Middleborough.

* Changed by reason of adoption,

456

Change of Names.

BRISTOL COUNTY.

Date of

Decree.

Original Name.

Name Decreed.

Residence.

1885.

Jan.

16,

Jessie Caliste Brj'ant,*

Jessie Marjorie Bryant, .

Mansfield.

16,

Oscar Jones,* ....

Oscar Raymond Sweet, .

Boston.

Feb.

Elizabeth Etta Hunting,* ,

Katherine Kendrick Lus-
comb,

I Boston.

Mar.

Charles H. Sisson,* .

Charles Valentine Eddy,

New Bedford.

20,

Lillian M. Haskins,* .

Lilly Holden, ....

, Nantucket.

April

Cornelius Cronin,*

Francis Cornelius Hourahan,

Taunton.

17,

Daniel Alden Farnum,* .

Daniel Alden Chute,

Boston.

May-

15,

Celina Bienvenu,*

Celina M. Paradice,

Fall River.

July

Ellen Dufflcy,* . . . .

Ellen Coughlin,

New Bedford.

Mary E. Chace,*

Mary E. Walker, .

Swanzey.

Charles H. Carmicbael,* .

Charles H. Walker,

Attleborough.

Aug.

Mabel A. Stearns,* .

Mabel A. Risley, .

New Bedford.

Sept.

Maurice T. Bennett, .

Maurice T. Fleetwood, .

New Bedford.

18,

Gladys Witham,*

Annie Fenno Parker, .

Fall River.

Oct.

Nana Foster,* ....

Nana Whitney Tobey, .

Boston.

Dec.

is!

Frank Reeves,* ....

Frank Howarth,

Fall River.

18,

Alice Oliva Kenney,*

Alice Oliva Robbins,

Brewster.

18,

Otis W. Sisson,*

Otis W. Crapo,

New Bedford.

BARNST^

IBLE COUNTY.

Jan.

13,

Cordelia Crowell,

Cordelia Crowell Nye, .

Wellfleet.

April

21,

Hattie White

Nellie M. Nickerson,

Provincetown.

21,

Mary Louise Peckham, .

Elsie May Hill, .

Falmouth.

21,

Manual Rosa, ....

Warren M. Young,

Provincetown.

June

16,

Ida F. Evans, ....

Ella Francis Swift,

Falmouth.

Aug.

11,

Charles A. Macomber,

Charles A. Kelley,

Harwich.

Oct.

26,

Alton Sidney Geggatt,

Alton Sidnej' Collins,

Bourne.

26,

Walter Linwood Eldridge,

Ernest Clifton Jones,

Falmouth.

28,

Antoine Rogers,

Antone Brown,

Provincetown.

Dec.

John Greely, ....

John Barges, .

Provincetown.

DUKi

.S COUNTY.

April

20,

Warren A. Defose,* .

Warren Andrew Chadwick,

Cottage City.

Dec.

Grace L. Newcomb,*

Grace L. Chase,

Tisbury.

* Changed by reason of adoption.

THE

CIVIL GOYERNMENT

(dommontDealtl) of ltTa55acl)U5Ctts,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH
FOR THE POLITICAL YEAR

1886.

KXECUm E 1 )KrAKT]MKNT.

HIS KXCKLLKNCV

GEORGE D. ROBINSON,

GOVEUNOK.

Sami'kl J. Menaki) Private Secretary.

KuAVAKi) F. Hamlin

Executive Clerk.

HIS HONOR

OLTA^ER AMES,

LlELTENANT-GoVEUNOK.

COUNCIL — (liY DiSTKICTS).

I. — JONATHAN BOURNE

ir.— WARREN E. lockp: .

III. — JOHN HASKELL BUTLER

IV. — LAWRENCE J. LOGAN .
v. — FRANK 1). ALLEN

VL — ABRAHAM B. COFFIN
VH. — HENRY C. GREELEY
VUI. — LEWIS J. POWERS .

New Btjdlbrd.

Norwood.

Somerville.

Boston.

Lynn.

Winchester.

Clinton.

Springfield.

HENRY B. PEIRCE,

SeCRETAKY of the COMJIONWEALTH.

Henry J. Coolhxje, 1st Clerk. Isaac H. Eugett, 2d Clerk.

George G. Spear, Jr., 3d Clerk. "

A L A N S O N W. BEARD,

Treasurer and Receiver-General.

John Q. Auams, 1st Clerk. George S. Hall, 2d Clerk.

Joshua Phippen, Cashier.

CHARLES R. LADD,

Auditor of Accounts.
William D. Hawley, 1st Clerk. James Pope, 2d Clerk.

EDGAR J. SHERMAN,

Attorney-General.
Harvey N. Shepard , , , Assistant Attorney-General.

LEGISLATIVE DEPARTMENT.

GE2^EKAL COURT.

Arranged in Accordance with the District Revision of 1876.

s E :rNr ATE

President -

-ALBERT E. PILLSBURY.

District.

Name of Senator.

Residence.

First Suflfolk, .

Wesley A. Gove,

Boston.

Second "

John R. Murphy,

Boston.

Third

Alexander B. McGahey, .

Boston.

Fourth "

Edward P. Wilbur, .

Boston.

Fifth

Henry F. Naphen,

Boston.

Sixth "

Albert E. Pillsbury, .

Boston.

Seventh "

Paul H. Kendricken,

Boston.

Eighth »

John J. Hayes, .

Boston.

First Essex,

Frank W. Jones,

Lynn.

Second. "

William Cogswell, .

Salem.

Third

William H. Tappan, .

Manchester.

Fourth "

George W. Morrill, .

Amesbury.

Fifth

Charles B. Emerson, .

Bradford.

Sixth "

Samuel B. Locke,

Andover.

First Middlese.x,

Eleazar Boynton,

Medford.

Second "

Augustus E. Scott, .

Lexington.

Third

Alpheus B. Alger,

Cambridge.

Senate.

461

District.

Name of Senator.

Rfsidence.

Fourth Middlesex, .

Francis Bigelow,

Natick.

Fifth

Luman T. Jefts,

Hudson.

Sixth

John M. Harlow,

Woburn.

Seventh "

Charles S. Lilley,

Lowell.

First Worcester,

Martin V. B. Jefferson,

Worcester.

Second "

William T. Forbes, .

Westborough

Third

Allen L. Joslin,

Oxford.

Fourth "

Charles A. Gleason, .

New Braintree

Fifth

Henry S. Nourse,

Lancaster.

Hampshire,

Myron P. Walker,

Belchertown.

First Hampden,

Henry M. Phillips,

Springfield.

Second "

James R Dunbar,

Westfield.

Franklin, .

Levi J. Gunn, .

Greenfield.

North Berkshire,

Edward D. G. Jones,

Pittsfield.

South

Herbert C. Joyner, .

Gt. Barrington.

First Norfolk, .

Elijah A. Morse,

Canton.

Second "

John H. Gould .

Medfield.

First Plymouth,

Charles H. Howland,

Plymouth.

Second "

William L. Douglas,

Brockton.

First Bristol, .

Charles A. Reed,

Taunton.

Second "

Robert Howard,

Fall River.

Third

Eben C. Milliken,

New Bedford.

Cape,

Howes Norris, .

Cottage City.

* E. HERBERT CLAPP,
EDMUND DOWSE, .
JOHN G. B. ADAMS,

. Clerk.

. Chaplain.

. Seryeant-at-Arms.

* Stephen N. Gifford deceased April 18.

462

House or Representatives.

HOUSE OF REPRESENTATIVES.

Speaker — JOHN Q. A. BRACKETT.

COUNTY OF SUFFOLK.

Town or Ward.

Name of Kepresentative.

1st,

2d,

3d,
4th,
5th,

6th,

7th,

Sth,

9th,

10th,

nth,

12th,
inth,
14th,

Boston, Ward 1,

Boston, Ward 2,

Boston, Ward 3,
Boston, Ward 4,
Boston, Ward 5,

Boston, Ward G,

Boston, Ward 7,

Boston, Ward 8,

Boston, Ward 9,

Boston, Ward 10,

Boston, Ward 11,

Boston, Ward 12,

Boston, Ward i:!,

Boston, Ward 11,

John E. Lynch, . Boston.

J. Henry Stevenson, Boston.

James E. Fitzgerald, Boston.

Patrick J. Kennedy, Boston.

George A.Sanderson, I Boston.
Francis J. Mnrphy, . ' Boston.

Charles Field, . . Boston.

Philip J. Dnherty, . Boston.

John P. Reynolds, . Boston.

Dennis J. Leahy, . Boston.

Edward J Flynn, . Boston.

Dominick J.IIarkins, Boston.

Daniel McLaughlin, ' Bo.ston.

Patrick D. Dwyer, . Boston.

Matthew Dolan, . | Boston.

Julius C. Chappelle, 1 Bo.ston.

Henry Parkman, . ' Boston.

Jacob A. Dresser. . Boston.

Edward P Fisk, . Boston.

William F. Wharton, Boston.

John O. Teele, . Boston.

Michael H. Burko, . Boston.

Philip H. Quinn, . ' Boston.

John J. Maguire, . Boston.

James Sullivan, . Boston.

Richard F. Tobin, . Boston.

John A. Collins, . j Boston.

House of Representatives.

COUNTY OF SUFFOLK — Concluded

463

District.

Town or Ward.

Name of Representative.

Residence.

15th,

Bo.ston, Ward 15,

Michael J. Creed, .
Peter J. Reardon, .

Boston.
Boston.

IGth,

Boston, Ward IG,

James Donovan,
Jeremiah Desmond,

Boston.
Boston.

17th,

Boston, Ward 17,

John Q. A. Brackett.
Albert A.Woodward,

Boston.
Boston.

18th,

Boston, Ward 18,

William A. Rust, .
Edward J Hathorne,

Boston.
Boston.

19th,

Boston, Ward 19,

John F. Shea, .
Daniel J. INIaguire, .

Boston,
Boston.

20th,

Boston, Ward 20,

Michael J.McEttrick,
John H. McDonough,

Boston.
Boston.

21st,

Boston, Ward 21,

George Curtis,
John Backup, .

Boston.
Boston.

22d,

Boston, Ward 22,

Thomas F Hunt, .

Boston .

23d,

Boston, Ward 23,

Daniel Gunn, .
Henry C. Allen,

Boston.
Boston.

24th,

Boston, Ward 24,

Hazard Stevens,
Frank E. Rilgham, .

Boston,
Boston.

25th,

Boston, Ward 25,

James A. Hathaway,

Boston.

20 th,

rCIiP.l.sea,Wds.l,2
< Revere, .
l^Winthrop,

Simeon Butterfield, .
George E. Morrill, .
Marcus M. Merritt, .

Chelsea.
Chelsea.
Chelsea.

COUNT

Y OF ESSEX.

1st,

TRockport, . .^
\ Gloucester, Ward 7, /

Rufus McLellan,

Gloucester.

2.1,

/ Gloucester, Wards \
\ 1,2,3,4,5,6, ./

Henry Friend, .
Cyrus Story, .

Gloucester.
Gloucester.

3(1,

f Gloucester, Ward SA
' Essex, . . . !
j Manchester, . . j
\^ Hamilton, . .)

Otis F. Brown,

Hamilton.

464

House of Representatives.

COUNTY OF ESSEX — Continued.

4th,
5th,
6th,

7th,

8th,
9th,

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17th,

18th,

Town or Ward.

Name of Representative.

/ Wenham, . . \
\ Danvers, . . /

Beverly, . . .
Salem, Wards 1,2,5,/

Salem, Wards 3, 4,6, <

}

Malcolm Sillars,

Danvers.

Charles L. Dodge, . Beverly.

rMarblehead, .
\ Swampscott, .

Lynn, Ward 3,
r Lynn, Wards 1,2,4
\_ Nahant, .

Lynn, Ward 6,

Peabody,

( Sangus, .
J Lynnfield,
'I Middleton,
1^ Topsfield,

/ Andover,

\ North Andover,

(Boxford, .
Rovpley, .
Ipswich, .

(Newbmy,
Newburyp't, Wards
1,2,3,4,5,6,

(Georgetown, .
Groveland,
Bradford,

( West Newbury,
j Salisbury,
j Amesbury,
l^ Merrimac,

^ Francis T. Berry,
I G. Parker Bray,
1

Patrick F. Tierney, .

O. W. H. Upham, .

Samuel Roads, Jr., .
William J. Goldthwait,

Eugene H. Goss,

Amos Beckford,
William A.Clark,Jr.,
Horace A. Roberts, .

David Walker,

Cyrus T. Batchelder,

1
I

)- . Charles S.Hitchings,

Calvin Rea,

Salem.
Salem.

Marblehead.
Marblehead.

Lynn.

Lynn.
Lynn.
Lynn.

Lynn.

Peabody,

Saugus.

No. Andover.

William A. Stackpole, Ipswich.

Edward A. Moseley,
Daniel M. Felch,

Newburyport.
Newburyport.

Moseley D. Chase, Georgetown.

Hiram Walker,
George O. Goodwin,

Salisbury.
Merrimac.

House of Representatives.

COUNTY OF ESSEX - Concluded

465

District

Town or Ward.

Name of Represf ntative.

Kesidence.

19th,

f Haverhill, Wards 1,^
\ 2, 3, 4, 5, 6, . A
^.Methuen, . .J

William H Johnson,
Edw'dG.Frothingham
John E. Sawyer,

Haverhill.
Haverhill.
Methuen.

20th,

/ Lawrence, Wards 1 , \
\ 2,3, . . ./

Timothy F.O'Hearn,
John F. McQueeney,

Lawrence.
Lawrence.

21st,

f Lawrence, Wards 4, \^
\ 5,6, . . ./

James Min-phy,
Milton B. Townsend,

Lawrence
Lawrence.

COUNTY OF MIDDLESEX.

1st,

/ Cambridge, Wards \
\ 1,0, . . ./

Solomon S. Sleeper,
George A Perkins, .

Cambridge.
Cambridge.

2cl,

J Cambridge, Wards/

George C. Bent,

C. G. H. Bennink, .

John W. Wilkinson,

Cambridge.
Cambridge.
Cambridge.

3cl,

Cambridge, Ward 3,

William E. Doyle, .

Cambridge.

■1th,

Somerville, Ward 1,

Levi F. S. Davis,

Somerville.

6th,

Somerville, Ward 2,

William H. Flynn, .

Somerville.

6th,

/ Somerville, Wards \
\ 3,4, . . ./

Samuel C. Darling, .

Somerville.

7th,

Medford,

John H, Hooper,

Medford.

8th,

f Maiden, Wards 1,2,^
<^ 3, 4, 5, 6, . .\
[Everett, . . .J

George W. W^alker,
Dudley P. Bailey, .

Maiden.
Everett.

9th,

Melrose, .

John Larrabee,

Melrose.

10th,

Stoneham,

George Cowdrey, .

Stoneham.

11th,

Wakefield, .

Robert Blyth, .

Wakefield.

12th,

r Reading, ' . - ."\
I North Reading, . I
[Wilmington, . .j

Dennis Batchelder, .

No Reading.

loth.

Woburn, . .

John P. Crane,

Woburn.

14th,

r Arlington, . .^
\ Winchester, . ./

Warren A. Peirce, .

Arlington.

^66

House of IIepresentati\^s.

COUNTY OF MIDDLESEX — Continued.

Town or Ward.

15th,
16th,
17th,

18th,

19th,

20th,
21st,
22d,
23d,
24th,
25th,

26th,

27th,

28th,
29th,

30th,

J Watertown,
\ Belmont,

f Newton, Wards 1,
I 3,4,5,6,7,.

/ Waltham, Ward
\ 2, 3, 4, 5, 6, 7,

Wards 1

f Lexington,
j Burlington,
] Bedford, .
I^Billerica,

f Tewksbury, .
! Chelmsford, .
I Tyngsborough,
l^ Dracut, .

Lowell, Ward 1,

Lowell, Ward 2,

Lowell, Ward 3,

Lowell, Ward 4,

Lowell, Ward 5,

Lowell, Ward 6,

( Concord,
! Acton,
j Carlisle, .
(^Lincoln, .

( Weston, .
' Wayknd,
1 Sudbury,
[Mayuard,

Natick, .

J Holliston,
\ Sherborn,

/ Hopkinton,
\ Ashland, .

Name of Representative.

J. Varnum Fletcher,

Elijah W. Wood, .
VVi'llard Marcy,

Erskine Warden,

Franklin Jaquith,

Ferley P. Perham,

John J. Hogan,
Edward M. Tucke,
Peter J. Brady,
Solon W. Stevens,
Joseph M Wilson,
Francis E. Shaw,

Henry J Hosmer,

Alfred H. Bryant, .

Justin Perry, ,
Josejjh H. Dewing, .

Frederick N. Oxley,

Belmont.

Newton.
Newton.

Waltham.

Billerica.

Chelmsford.

Lowell.
Lowell.
Lowell.
Lowell.
Lowell.
Lowell,

Concord.

Way land.

Natick.
Holliston.

Ashland.

House of Representatives.

COUNTY OF MIDDLESEX — Concluded.

467

District.

Town or Ward.

Framingham,

Marlborough,

f Hudson, .
! Stow,

j Box borough,
l^ Littleton,

( Westford,
! Groton, .

Dunstable,

l^ Pepperell,

r Ayer,
j Shirley, .
{ Townsend,
l^ Ashby, .

Name of Representative.

Kesideuce.

Samuel B. Bird,
William N. Davenport,

Edward P. Miles, .
Frank Leighton,
George J Burns,

Framingham.
Marlborough.

Hudson.

Pepperell

Ayer.

COUNTY OF WORCESTER.

f Rlackstone,
\ U.xbridge,

{Mendon, .
Milford, .
Upton, .

f Northbridge,
\ Gralton, .

f Westborough,
\ Southborough,

f Clinton, .
I Berlin, .
I Bolton, .
<j Sterling, .
Lancaster,
I Harvard.
(^ Lunenburg,

/ Fitchburg, Wards 1, "
\ 2,3,4,5,6,. ..

James Daley, .

James F. Stratlon,
Henry E. Fales,

Luther K. Leland, .
Horace F. Webster,

Jonathan Smith,
Jesse B. Wheeler,* .

Joseph S. Wilson, .
Richard A. Leonard,

Uxbridjre.

Milford.
Millbrd.

Grafton.
Southboroujrh.

Clinton.
Bolton.

Fitchburg.
Fitch burs:.

* Deceased May 24th.

468

House op Representatives.

COUNTY OF WORCESTER — Continued.

Town or Ward.

Name of Representative.

7th,

8th,

9th,

10th,

nth,

12th,

13th,

14th,

15th,

16th,

f Winchondon,
I Ashburnham,
^ Gardner, .
I Westminster,
\^ Princeton,

rAthol, .
\ Rojalston,

f Petersham,
J Fhillipston,
j Templeton,
l^ Ilubbardston,

fDana,

I Hard wick,

•{ Barre,

I Oakham,

\^ New Braintree,

f Rutland, .
I Holden, .
} Paxton, .
^^ Leicester,

f West Brookfield,

I Warren, .

•{ Brookfield,

I North Brookfield,

1^ Stm'bridge,

f Spencer, .
! Charlton,
I Southbridge, .
t^ Oxford, .

{Douglas, .
Wel)Ster, .
Dudley, . .

{Auburn, .
IMillbury,
Sutton, .

(' Shrewsbury, .
j Northborough,
J Boylston,
i^ West Boylston,

Charles J. Rice,
Herbert S. Stratton,

Benjamin W. Rich,
Charles A. Perley,

Jesse Allen,

H, Arthur White, ,

Edwin Wilbur,
Marcus Burroughs,

Joseph L.Woodbury,
James Holmes,

Julius P. Freeman, .

Henry S. Stockwell,

Sumner Small,

Wiuchendon.
Gardner.

Royalston.
Templeton.

Oakham.

Leicester.

W. Brookfield.
Warren.

Oxford.
Spencer.

Webster.

Sutton,

Northboroufrh.

House of Representatives.

COUNTY OF WORCESTER — Concluded.

469

District.

Town or Ward.

Name of Representative.

Residence.

17th,

Leominster, .

James Hadley,

Leominster.

18th,

Worcester, Ward 1,

Augustus N. Currier,

Worcester.

19th.

Worcester, Ward 2,

Henry M. Smith,

Worcester.

20th,

Worcester, Ward 3,

J. Francis O'Connor,

Worcester.

21st,

Worcester, Ward 4,

James H. Mellen, .

Worcester.

22d,

Worcestef, Ward 5,

Thomas W. Butler,

Worcestei'.

23d,

Worcester, Ward 6,

Loring Goes, .

Worcester.

24th,

Worcester, Ward 7,

Henry L. Parker,

Worcester.

25 th,

Worcester, Ward 8,

Joseph Mason,

Worcester.

COUNTY OF HAMPSHIRE.

f Easthami^ton, . . "I
J Northampton, W'ds !
] 1,2,3,4,5,6,7, . [
I, Southampton, . . J

f Hadley, .
1 Hatfield, .
) Westhampton,
1^ Williamsburg,

f Chesterfield,

Cummington,
I Go.shen, .
<{ Huntinoton,
I iMiddlefield,
I Plainfield,
^_ Worthington,

( Amherst,
! Pelham, .
I Prcscott, .
(^ South Hadley,

f Belchertown,
I Enfield, .
<{ Gran by, .
j Greenwich,
i. Ware,

John B. Bottum,
Edwin R. Bosworth,

Lyman D. James, .

Alonzo Shaw, .

Charles S. Boynton,

John M. Crosby,

Northampton.
Easthamptou.

Williamsbure:.

Goshen.

South Hadley.

Enfield.

470

House of Representatives,
county of hampden.

District.

1st,

2d,

3d,
4th,

5th,

6th,

7th,
8th,
9th,

10th,
11th,

Town or Ward.

fMonson, .
J Brimfield,
] Holland, .
1^ Wales, .

( Palmer, .
1 Wiibraharn,
j Hampden,
(^ Ludlow, .

Chicopee,

/Springfield, Wards \
1 1,2, . . ./

J Springfield, Wards \
\ 3,6, . . ./

Springfield, Wai'ds

4, 7, .
Longmeadow,

/Springfield, Wards \
\ 5,8, . . ./

/Holyoke, Wards 1, \
\ 2,3,4,5, . ./

/■Holyoke,Wards6,7,^
\ West Springfield, . /

rWesttield,
< Agawam,
\_ Montgomery,

( Southwick,
I Granville,
J Tolland, .
"j Blandford,
I Chester, .
[Russell, .

Name of Representative.

Alvin A. Hubbard, .

Stephen S. Taft,

Matthew Ryan,

Charles C. Smith, .
John L. Knight,

William F. Cook, .

John S. Sanderson, .

Edward H. Lathrop,
Jeremiah J. Keane,
Levi Perkins, .

William H.Whitney,
William Provin,

Henry K. Herriek, .

Wales.

Palmer.

Chicopee.

Springfield.
Springfield.

Springfield.

Holyoke.

Westfield.
Westfield.

Blandford.

COUNTY OF FRANKLIN.

1st,

fErving, . . .^

! Warwick, . . !

I Orange, . . . j

(^New Salem, . .J

William G. Walkup,

Ervins:.

House of Kepkesentatives.

COUNTY OF FRANKLIN — Concluded.

471

Town or Ward.

( Montajrue,
I Sunderland,
■( Leverett, .
I Shutesbury,
1^ Wendell,

(Greenfield,
Gill,
Shelburne,

j'Deerfield,
< Conway, .
t Whately,

( Northfield,
I Bernartlston,
<( Leyden, .
I Colrain, .
l^ Heath, .

f Ashfield, .
I Buckland,
J Charlemont,
] Hawley, .
I Rovve,
\^ Monroe, .

Name of Representative.

Fred'k L. Whitmore,

Sunderland.

Edwin Baker, . . Shelburne.

Henry W. Hopkins,

Earl Shearer,

Albert A. Hicks,

Conway.

Colrain.

Monroe.

COUNTY OF BERKSHIRE.

( Hancock,
I Lanesborouofh,
<( New Ashford,
I Williamstown,
(^ Clarksburg, .

r Adams, .

\ North Adams,

/ Pitti^field,
\ Dal ton, .

f Florida, .

Savoy,
I Cheshire,
■{ Windsor,

Washington,
I Peru,
l^ Hinsdale,

Benjamin F. Mills, .

Alexander W Fulton,
George H. Kearn, .

John C. Crosby,
Lorenzo H. Gamwell,

Frank E Mason,

Williamstown.

North Adams.
North Adams.

Pittsfield.
Pittstield.

Savoy.

472

House or Representatives.

COUNTY OF BERKSHIRE — Concluded.

5th,

6th,

7th,

8th,

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,

Town or Ward.

Name of Representative.

f Becket, .

J Lee,

) Otis,

i Tjringham, .

["Richmond,

J Lenox,

) Stockbrido^e, .

l^ West Stockbridge,

fAlford, .

1 Egremont,

j Great Barrington,

\^ Monterey,

f Mt. Washington,
J New Marlborough
] Sandisfield,
1^ Sheffield,

Samuel H. Norton,

Charles H. Dorr,

Charles J. Burget,

Edward D. Andrus

Otis.

Richmond.

Gt. Barrington.

Sheffield.

COUNTY OF NORFOLK.

f Dedhani,
\ Norwood,

Brookline,

Hyde Park,

f Milton, .
\ Canton, .

Quincy, .
Weymouth,

C Braintree,
\ Hoi brook,

f Randolph,
J Stoughton,
I Sharon, .
l^ Walpole,

[ Franklin,
I Foxl)orough,
J Wrentham,
; Bellingham,
I Med way,
I^Millis, .

Frank A. Fales,

Clement K. Fay,
Charles F. Jenney, .

George E. Downes, .

Herbert M. Federhen,
Benjamin S. Lovell,
Francis Ambler,

Caleb Thompson, .

William W. Hurley,
Henry Fitzpatrick, .

Benj. F. Boyden, 2d,
Henry L. Millis,

Norwood.

Brookline,
Hyde Park.

Canton.

Quincy.

Weymouth.

Braintree.

Randolph.
Sloughton.

Fnxborough,
Millis.

House of Repeesentattves.

COUNTY OF NORFOLK — Concluded.

473

District

Town or AVaril.

Name of Representative.

Residence.

9th,

f Need ham, . .^
1 Dover, . . . |
<; Medtifld, . . ;-
1 Norfolk, . . .1
OVellesley, . .J

Walter Iliinnewell, .

Wellesley.

COUNTY OF PLYMOUTH.

1st,
2d,

3d,

4th,
5th,
6th,

7th,
8th,
9th,

10th,

11th,

/ IIiii2;harn,
\ Hull,

(Cohasset,
Scituate, .
South Scituate,

fJMarshfield,
Pembroke,

Hanson,

(^Halifax,

( Duxbury,
! Kingston,
I Plympton,
l^ Carver, .

Plymouth,

f Wareham,
I Rocliester,
1 Marion, .
l^ Mattapoisett,

f Middleborough,
\ Lakeville,

/ Bridgewater, .
\ East Bridgewater,

f Rockland,
\ Hanover,

(Brockton, Wards 1,
2, 3, 4, ,5, 6, 7, .
West Bridgewater,

rAbington.

\ South Abington,* .

Edmund Hersey, 2d,
Alfred A. Seaverns,

Miles Sampson,

Peleg T. Brooks,
Ailhur Lord, .
Franklin Cross,

James H. Harlow, .
Wyman C. Fickett, .
Jubal C. Gleason, .

Charles H. Cary,
Patrick McCarthy,

William H. Gurney,

Hingham.
Scituate.

Pembroke.

Kingston.
Plymouth.
Mattapoisett.

Middleboro'.
E. Bridgewater.
Rockland.

Brockton.
Brockton.

S. Abington.*

* Whitman (May 4, 1886).

474

House of Repkesentatives.
county of bristol.

1st,
2d.
3d,

4lh,

5th,
6th,
7th,

8th,
9th,

10th,

Town or Ward.

(Attleborough,
Norton, .
Mansfield,

^Easton, . . , ^
\ Raynham, . . /

Taunton, Wards 1,
2, 0,4,5,6,7,8, .
Bei'kley, .

{Acushnet,
Fairhaven,
Freetown,

/ NewBedford,Wards \
\ 1,2,3,. . ./

/ NewBedford,Wards \
\ 4,5,6,. . ./

f Westport, . . ^
\ Dartmouth, . . /

Fall River, Wards 1,'
2, 3, 4, 5, 6, .

fFall River, Wards
<^ 7, 8, 9, .
l_ Somerset,

f Seekonk,
1 Swanzev,
I Rehohoth,
(^ Dighton, .

Name of Representative.

Frank I. Barden,

Charles S. Frost,

Melvin Wilbur,

Zaccheus Sherman,.
Cyrus Savage, .
William J. Briggs, .

Frederick C. S.Bartlett.

Oliver P. Brightmin,
George H. Freeman,

Seth W. Godfrev, .
Thomas W. Cook, .

Cortez Allen, .

Bernard J. Conway,
Augustus P. Gorman,
James Harrington, .

Robert Henry, .
John C. Milne,

Edward Lincoln,

Attleborough.
Mansfield.

Raynham.

Taunton.
Taunton.
Taunton.

Fairhaven.

New Bedford.
New Bedford.

Westport.

Fall River.
Fall River.
Fall River.

Fall River.
Fall River.

Dio-hton.

COUNTY OF BARNSTABLE.

1st,

r Sandwich,
< Bourne, .
[_ Falmouth,

;}

Charles Dillingham,

Sandwich.

2d,

r Barnstable,
\ Mashpeo,

Watson F. Hammond,

Mashpee.

3d,

r Yarmouth,
\ Dennis,

George H. Loring, .

Yarmouth.

House of Repkesentatives.
county of barnstable — coxcluded.

District.

Town or Ward.

Name of Representative.

Kesidence.

4th,

( H:ir\vit'h,
\ Chalhain,

f Brewster,

•1

Ambrose N. Doane,

Harwich.

5th,

; Orleans, .
'^ Eastliaui,
1^ VVellfleet,

•j

Isaiah C. Young,

Well fleet.

6th,

r Truro,

\ Piovincetown,

;}

Benjamin D. Atlvins,

Provincetown.

COUNTY OF DUKES COUNTY.

1st,

fChilmark,
I Cottage City,
Edgartown,

Gay Head,

I Gosnold,
{ Tisbury,

Chilmark.

COUNTY OF NANTUCKET.

1st, Nantucket,

John W. Hallett,

Nantucket.

EDWARD A. Mclaughlin,

DANIEL \V. WALDRON, .
JOHN G. B. ADAMS,

Clerk.

Chaplain.

Sergeant-al-Arms.

475

47G

JuDTCiAT; Department.

JUDICIAL DEPARTMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

MARCUS MORTON of Andover.

ASSOCIATE JUSTICES.

WALBRIDGE A. FIELD, .
CHARLES DEVENS, ....
WILLIAM ALLEN, ....
CHARLES ALLEN, ....
OLIVER WENDELL HOLLIES, Jr., .
WILLIAM S GARDNER, .

of Bo.iton.
of Worcester.
of Northampton,
of Boston.

of B0Sl07l.

of Newton.

SUPERIOR COURT.

CniEF JUSTICE.

LINCOLN F. BRIGHAM, of Salem.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL of Lenox.

ROBERT C. PITISIAN, of Newton.

JOHN W. BACON, . . . .• . .of Nadck.

P. EMORY ALDRICH of Worcester.

HAMILTON B. STAPLES, of Worcester.

MARCUS P. KNOWLTON, of Springfield.

CALEB BLODGETT, of Boston.

ALBERT MASON, of Brookline.

JAMES M. BARKER of Pittsfield.

CHARLES P. THOMPSON, of Oloncester.

JOHN W. HAMMOND of Cambridge.

Judicial Department.

477

.UDGES OF PROBATE AND IXSOLVEXCY.

JOHN \V. McKIM, Boston, .... Suffolk.

GKORrtE F. CIIOATE, Salem, . . . . Essex.

(;E()R(iE M. BROOKS, Concoril, . . . Middlesex.

ADIN THAYER, Worcester, .... Wokcestek,

WHJJAM G. BASSETT, Easthampton, . . Hampsiiiue.

WH.LIAM S. SHURTLEFF, Springfield, . . Hampden.

CHESTER C. CONANT, Greenfield, . . . Franklin.

JAMES T. ROBINSON, North Adams, . . Bekksiiire.

GEORGE WHITE, Newton, .... Norfolk.

JESSE E. KEITH, Abington, .... Plymouth.

WILLIAM E. FULLER, Taunton, . . . Bristol

HIRAM P. HARRIMAN, Wellfleet, . . . Barnstable.

JO.nEPH T. PEASE, Edgarlown, . . . Dukes.

THADDEUS C. DEFRIEZ, Nantucket, . . Nantucket.

REGISTERS OF PRORATE AND IXSOLVEXCY.

ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .

JOSEPH H. TYLER, Winchester,
FREDERIC W. SOUTHWICK, Worcester
HUBBARU M. ABBOTT, Northampton,
SAMUEL B. SPOONER, Springfield,
FRANCIS M. THOMPSON, Greenfield,
EDWARD T. SLOCUM, Lee, .
.JONATHAN COBB, Dedham, .
EDWARD E. HOB ART, Bridgewater,
JOHN H. GALLIGAN, Taunton,
FREEMAN H. LOTHROP, Barnstable,
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .

Suffolk.

Essex

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

DISTRICT ATTORXEYS.

OLIVER STEVENS, Boston, .
WILLIAM B. STEVENS, Stoneham,.
HENRY F. HURLBURT, Lynn,.
EVERETT C. BUM PUS, Quincy,
HOSEA M. KNOWLTON, New Bedford,
WILLIAM S. B. HOPKINS, Worcester,
ANDREW J. WATERMAN, Pittsfield,
DANIEL W. BOND, Northampton, .

Suffolk.

Northern.

Eastern.

South-Eastern.

Southern.

Middle.

Western.

Nortu-Western.

478

Judicial Department.

SHERIFFS.

JOHN B. O'BRIEN, Boston,
HORATIO G. HERRICK, Lawrence, .
HEXRY G. GUSHING, Lowfell, ,
AUGUSTUS B. R. SPRAGUE, Worcester,
JAIRUS E. • CLARK, Easthampton, .
HIRAM Q. SANDERSON, Sprino;tield,
GEORGE A. KIMBALL, Greenfield, .
HIRAM B. WELLINGTON, Pittsfield,
AUGUSTUS B. ENDICOTT, Dedham,
ALFHEUS K. HARMON, Plymouth, .
ANDREW R. WRIGHT, Fall River, .
LUTHER FISK, Dennis, .
JASON L. DEXTER, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

Suffolk.

ESSKX.

Middlesex.

Worcester.

Hampshike.

Hampden.

Fkanklin.

Beukshire.

Norfolk.

Plymouth.

Bristol.

Ba unstable.

Dukes.

Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the Supreme Judicial

Court for the Commonwealth.
JOHN NOBLE, Boston, Supreme Judicial Court, . Suffolk.
JOSEPH A. WILLARD, Boston, Sup. Ct., Civil Term, \ c,.,,.,^,^

' ^•oLI'FOLK.

JOHN P. MANNING, Boston, Criminal Term, . • /

DEAN PEABODY, Lynn, Essex.

THEODORE C. HURD, C.im'iridge, .... Middlesex.

THEODORE S. JOHNSON, Worcester, . . . Worcester.
WILLIAM H. CLAPP, Northampton, . . . Hampshire.

ROBERT O. MORRIS, Springfield, .... Hampden.

EDWARD E. LYMAN, Greenfield, .... Franklin.

HENRY W. TAFT, Pittsfield, Berkshire.

ERASTUS WORTHINGTON, Dedliam, . . . Norfolk.

WILLIAM H. WHITMAN, Plymouth, . . . Plymouth.

SIMEON BORDEN, Fall River, Bristol.

SMITH K. HOPKINS, Barnstable, .... Barnstable.

SAMUEL KENISTON, Edgartown, .... Dukes.

JOHN F. BROWN, Nantucket, Nantucket.

Members of Concjkess.

479

MEMBERS OF THE FORTY-NIXTH COXGRESS.

[Congressional Districts established by Chap. 253, Acts of 1882 ]

Senators.

HENRY L DAWES,
GEORGE F. HOAR,

of Pitlsjitld.
of Worcester.

Representatives.

District I. — ROBERT T. DAVIS, .
II. — JOHN D. LONG, .

III. — AMBROSE A. RANNEY,

IV. — PATRICK A. COLLINS,
v. — EDWARD D. HAYDEN,

VI. — HENRY B. LOVERING,

VII. — EBEN F. STONE, .

VIII. — CHARLES H. ALLEN, .

IX. — FREDERICK D. ELY, .

X. — WILLIAM W. RICE, .

XL— WILLIAM WHITING, .

XII. — FRANCIS W. ROCKWELL,

of Fall River,
of Hingham.
of Boston,
of Boston,
of Wi burn,
of Lynn.
of Newbtiryport.
of Lowell,
of Dedham
of Worcester,
of Eolyoke. .
of Fittsfitld.

Commonto£alt| of glasHar^us^tls.

Secretary's Department, Boston, July 1-5, 1886.

I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the ac-
companying papers are transcripts of official records and
returns.

I further certif}'' that the tables showing the changes
made in the general statutes by the legislation of the
present year have been prepared and are published as an
appendix to this edition of the laws by direction of the
Governor, in accordance with the provisions of Chap. 238
of the Acts of 1882.

HENRY B. PEIRCE,

Secretary oj the CjmmoniveriUh.

APPENDIX.

The following tables have been prepared by Charles U. Bell, Esq.,
appointed to that duty under Chapter 238 of the Acts of 1882, which
authorizes the Governor to appoint some person to prepare " tables
showing w^hat general statutes have been affected by subsequent
legislation, in such manner as to furnish ready reference to all
changes in such statutes."

A TABLE SHOWING WHAT GENERAL STATUTES OF THE

COMMONWEALTH AND WHAT CHAPTERS OF THE

PUBLIC STATUTES HAVE BEEN AFFECTED

BY SUBSEQUENT LEGISLATION.

STATUTES OF THE COMMONWEALTH.

[The changes are more fully stated under the appropriate chapter of the Public Statutes.]

ST. 1853.
CHAPTER 365.
AN ACT RELATING TO THE HARBOR OF GLOUCESTER.
Repealed. Stat. 1885, c. 315. P. S., c. 19.

ST. 1869.

CHAPTER 143.

AN ACT TO AMEND AN ACT RELATING TO THE HARBOR OF GLOU-
CESTER.

Repealed. St. 1885, c. 315. P. S., c. 19.

ST. 1874.

CHAPTER 372.

AN ACT CONCERNING BONDS OF RAILROAD CORPORATIONS.

Acts done under this act are ratified. St, 1883, c. 7, § 1. P. S., c. 112,
§ 62.

CHAPTER 406.

AN ACT IN ADDITION TO AN ACT MAKING APPROPRIATIONS, Etc.

Section 1, in part repealed. St. 1882, c. 238, § 3. P. S., c. 4.

484 Public Statutes.

ST. 1877.
CHAPTER 186.
AN ACT IN RELATION TO OVERSEERS OF THE POOR.
Amended. St. 1883, e. 203, § 1. P. S., c. 27, § 65.

ST. 1878.

CHAPTER 255.

AN ACT IN RELATION TO THE ELECTION OF SELECTMEN AND
ASSESSORS IN TOWNS.

Amended. St. 1883, c. 203, § 1. P. S., c. 27, § C9 et seq.

ST. 1881.
CHAPTER 44.
AN ACT TO REGULATE THE TAKING OF FISH, Etc.
Section 4, amended. St. 1883, c. 76, § 2. P. S., c. 91.

ST. 1882.

CHAPTER 28.

AN ACT CONCERNING THE CORRECTION OF ERRORS IN COPIES OF
RECORDS OF VOTES AND THE PUBLICITY OF ELECTION
RETURNS.

Section 1, amended. St. 1885, c. 108. P. S., c. 7.

CHAPTER 29.

AN ACT TO AMEND SECTION EIGHTEEN OF CHAPTER FIVE OF THE
PUBLIC STATUTES, RELATIVE TO CLERICAL ASSISTANCE IN
THE STATE LIBRARY.

Eepealed. St. 1886, c. 66. P. S., c. 5.

CHAPTER 63.

AN ACT TO ESTABLISH THE SALARf OF THE CLERK OF THE PO-
LICE COURT OF LOWELL.

Superseded. St. 1886, c. 307. P. S., c. 154.

CHAPTER 65.

AN ACT FOR THE PROTECTION OF STRIPED BASS AND BLUEFISH
IN THE WATERS OF EDGARTOWN.

Repealed. St. 1885, c. 247. P. S., c. 91.

Table of Changes. 485

CHAPTER 74.

AN ACT RELATIVE TO THE PRESERVATION OF CHECK LISTS IN

CITIES.

Repealed. St. 1884, c. 299, § 44. P. S., c. 7.

CHAPTER 102.
AN ACT CONCERNING FISHERIES, Etc.
Amended. St. 1884, c. 245. P. S., c. 91.

CHAPTER 106.

AN ACT IN RELATION TO THE TAXATION OF FOREIGN MINING,
QUARRYING AND OIL COMPANIES.

Amended. St. 1883, c. 74. Affected. St. 1884, c. 330, § 3. St.
1886, c. 230. P. S., c. 18.

CHAPTER 111.

AN ACT AUTHORIZING THE TREASURER AND RECEIVER-GENERAL
TO EMPLOY ADDITIONAL CLERICAL ASSISTANCE.

Repealed. St. 1886, c. 38. P. S., c. 17.

CHAPTER 129.

AN ACT TO ESTABLISH THE SALARY OF THE JUDGE OF PROBATE
AND INSOLVENCY FOR THE COUNTY OF MIDDLESEX.

Superseded. St. 1886, c. 184. P. S., c. 158.

CHAPTER 139.
AN ACT TO PERMIT WOMEN TO PRACTISE AS ATTORNEYS-AT-LAW.
Extended. St. 1883, c. 252. P. S., c. 18.

CHAPTER 179.

AN ACT RELATIVE TO PARADING WITH ARMS BY ASSOCIATIONS
COMPOSED OF SOLDIERS.

Superseded. St. 1884, c. 230, § 15. P. S., c. 14, § 127.

CHAPTER 181.
AN ACT RELATING TO INDIGENT AND NEGLECTED CHILDREN.
Section 3, amended. St. 1886, c. 330. P. S., e. 48.

486 Public Statutes.

CHAPTER 200.

AN ACT TO EXTEND THE TIME WITHIN WHICH SAVINGS BANKS
MAY SELL CERTAIN REAL ESTATE.

Section 1, affected. St. 1886, c. 77. P. S., c. 116.

CHAPTER 212.
AN ACT TO ESTABLISH AN AGRICULTURAL EXPERIMENT STATION
Reports provided for. St. 1883, c. 105. P. S., c. 20.

CHAPTER 231.

AN ACT TO ALLOW SAVINGS BANKS AND INSTITUTIONS FOR
SAVINGS TO MAKE ADDITIONAL INVESTMENTS.

Amended. St. 1885, c. 124. P. S., c. 116.

CHAPTER 232.

AN ACT RELATING TO THE OFFICERS IN ATTENDANCE UPON THE
SUPREME JUDICIAL COURT IN THE COUNTY OF SUFFOLK.

Section 1, amended. St. 1886, c. 37, § 2. P. S., c. 159.

CHAPTER 233.

AN ACT TO ESTABLISH THE THIRD AND FOURTH DISTRICT COURTS
OF EASTERN MIDDLESEX AND THE POLICE COURTS OF
MARLBOROUGH AND BROOKLINE.

Amended. St. 1886, c. 165. P. S., c. 154.

CHAPTER 237.

AN ACT RELATING TO THE SETTLEMENT OF TITLES TO REAL

ESTATE.

Extended. St. 1885, c. 283. P. S., c. 176.

CHAPTER 244.

AN ACT TO AUTHORIZE THE FORMATION OF RELIEF SOCIETIES
BY THE EMPLOYEES OF RAILROAD AND STEAMBOAT CORPO-
RATIONS.

Affected. St. 1886, c. 125. P. S., c. 115.

CHAPTER 245.

AN ACT RELATING TO THE SALARIES OF CERTAIN JUSTICES AND

COURT OFFICERS.

Section 1, superseded in part. St. 1886, cc. 15, 37, 130, 166. P. S.,
c. 154.

Table of Changes. 487

CHAPTER 247.

AX ACT RELATING TO THE CORRECTION OF NAMES UPON TAX

BILLS, Etc.

Repealed. St. 1884, c. 298, §53. P. S., c. 6.

CHAPTER 250.

AX ACT RELATING TO THE INSPECTION AND SALE OF CERTAIN

OILS.

Repealed. St. 1885, c. 122. P. S., c. 102.

CHAPTER 251.

AN ACT RELATING TO CO-OPERATIVE SAVING FUND AND LOAN

ASSOCIATIONS.

Amended. St. 1885, c. 121. P. S., c. 117.

CHAPTER 263.

AN ACT RELATING TO THE ADULTERATION OF FOOD AND DRUGS.

Amended. St. 1883, c. 2G3, § 1. St. 1884, c. 289, § 6. St. 1886, c.
171. Affected St. 1885, c. 352, § 5. P. S., c. 208.

CHAPTER 268.

AN ACT TO PROVIDE FOR THE CORRECTION OF OMISSIONS IN THE
REGISTRATION OF VOTERS.

Repealed. St. 1884, c. 298, § 53. P. S., c. 6.

CHAPTER 270.

AN ACT FOR THE BETTER PROTECTION OF CHILDREN.

Section 4, amended. St. 1884, c. 210. St. 1885, c. 176. P. S., c. 48.

CHAPTER 274.

AN ACT CONCERNING TRANSPORTATION OF LOGS AND TIMBER
UPON THE CONNECTICUT RIVER.

Section 2, repealed. St. 1883, c. 183, § 3. P. S., c. 94.

ST. 1883.

CHAPTER 36.

AN ACT IN RELATION TO THE TAKING AND KILLING OF CERTAIN
UNDOMESTICATED BIRDS.

Repealed. St. 1886,. c. 276. P. S., c. 92.

488 Public Statutes.

CHAPTER 52.

AN" ACT TO EXTEND THE TIME WITHIN WHICH SAVINGS BANKS
MAY SELL CERTAIN REAL ESTATE.

Amended. St. 1883, c. 248. St. 1886, c. 77. P. S., c. 116.

CHAPTER 80.

AN ACT PROVIDING A CLERK FOR THE DISTRICT COURT OF

HAiMPSHIRE.

Section 2, superseded. St. 1886, c. 106. P. S., c. 154.

CHAPTER 157.
AN ACT RELATING TO THE EMPLOYMENT OF MINORS AND WOMEN.
Limited. St. 1884, c. 275, § 4. P. S., cc. 48, 74.

CHAPTER 164.

AN ACT AUTHORIZING THE TREASURER TO EMPLOY AN ADDI-
TIONAL CLERK.

Repealed. St. 1886, c. 38. P. S., c. 17.

CHAPTER 187.

AN ACT IN RELATION TO BOARDING HOUSES AND BOARDING-
HOUSE KEEPERS.

Amended. St. 1884, e. 169. P. S., c. 102, § 13.

CHAPTER 216.

AN ACT IN RELATION TO THE COMPENSATION OF ASSESSORS,
MASTERS IN CHANCERY AND SPECIAL MASTERS.

Amended. St. 1886, c. 51. P. S., c. 159.

CHAPTER 218.
AN ACT TO REGULATE THE SALE OF COAL BY MEASURE.
Amended. St. 1884, c. 70. P. S., c. 60, § 82.

CHAPTER 223.

AN ACT GRANTING JURISDICTION IN EQUITY TO THE SUPERIOR

COURT.

Section 5, amended. St. 1884, c. 316. P. S., c. 151.

Table of Cha^-ges. 489

CHAPTER 229.

AN ACT AUTHORIZING MODERATORS AND TOWN CLERKS TO
ArPOINT TELLERS IN TOWN MEETINGS.

Amended. St. 1885, c. 2G1. P. S., c. 7.

CHAPTER 239.

AN ACT CONCERNING THE MASSACHUSETTS SCHOOL FOR IDIOTIC
AND FEEBLE-MINDED YOUTH.

In part repealed. St. 188G, c. 298. F. S., c. 87.

CHAPTER 258.

AN ACT PROVIDING FOR THE DISPOSITION OF UNCLAIMED MONEY
IN THE HANDS OF CERTAIN INSOLVENT CORPORATIONS.

In part repealed. St. 1886, c. 300. P. S., cc. 116, 119.

CHAPTER 262.

AN ACT GIVING TO A WIFE THE RIGHT OF INTERMENT IN A
BURIAL LOT OR TOMB OWNED BY HER HUSBAND.

Not affected bj St. 1885, c. 302. P. S., c. 82, § 3.

CHAPTER 263.

AN ACT TO AMEND AN ACT RELATING TO THE ADULTERATION OF

FOOD AND DRUGS.

Repealed. St. 1884, c. 289, § 6. P. S., c. 208.

ST. 1884.

CHAPTER 42.

AN ACT TO AUTHORIZE TOWNS TO VOTE MONEY FOR CERTAIN
MEMORIAL PURPOSES.

Affected. St. 1886, c. 76. P. S., c. 27.

CHAPTER 4.5.

AN ACT TO PROVIDE FOR AN ALLOWANCE TO CERTAIN OFFICERS
IN THE VOLUNTEER MILITIA.

Section 1, amended. St. 1886, c. 63, § 3. P. S., c. 14.

CHAPTER 56.

AN ACT TO LIMIT THE LIABILITY WHICH MAY BE INCURRED BY
ANY ONE PERSON TO SAVINGS BANKS.

Repealed. St. 1884, c. 168. P. S., c. 116, § 20.

490 Public Statutes.

CHAPTER 64.

AN ACT TO PRP:VENT THE SPREAD OF CONTAGIOUS DISEASES
THROUGH THE PUBLIC SCHOOLS.

Amended. St. 1885, c. 198. P. S., c. 47.

CHAPTER 88.

AN ACT REQUIRING NOTICE TO AUTHORITIES OF CITIES AND
TOWNS UPON APPLICATIONS FOR COMINUTMENT OR ADMISSION
TO THE MAi^SACHUSETTS SCHOOL FOR THE FEEBLE-MINDED.

Repealed. St. 188G, c. 298. P. S., c. 87.

CHAPTER 154.

AN ACT TO PREVENT THE POLLUTION OF SOURCES OF WATER

SUPPLY.

Affected. St. 1886, c. 274. P. S., c. 80.

CHAPTER 166.

AN ACT RELATING TO THE PRINTING AND DISTRIBUTION OF THE
LAWS AND PUBLIC DOCUMENTS.

Repealed. St. 1885, c. 369, § 4. P. S., c. 4.

CHAPTER 168.

AN ACT IN RELATION TO INVESTMENTS ON PERSONAL SECURITIES

BY SAVINGS BANKS.

Affected. St. 1886, c. 69. P. S., c. 116.

CHAPTER 174.

AN ACT TO PROVIDE FOR THE PUNISHMENT OF EMBEZZLEMENT BY
OFFICERS AND SERVANTS OF VOLUNTARY ASSOCIATIONS.

Affected. St. 1886, c. 328. P. S., c. 203.

CHAPTER 181.

AN ACT TO PROVIDE FOR TAKING THE DECENNIAL CENSUS AND
THE INDUSTRIAL STATISTICS OF THE COMMONWEALTH.

In part repealed. St. 1886, c. 174. P. S., c. 31.

CHAPTER 190.

AN ACT RELATING TO THE EXAMINATION OF CANDIDATES FOR

DISTRICT POLICE.

Repealed. St. 1885, c. 186. P. S., c. 103.

Table of Changes. 491

CHAPTER 215.

AN ACT TO PROVIDE FOR COxMPOSITION WITH CREDITORS IN

INSOLVENCY.

Amended. St. 1885, c. 353. P. S., c. 157.

CHAPTER 222.

AN ACT REQUIRING RAILROAD COMPANIES TO USE SAFETY COUP-
LERS ON FREIGHT CARS.

Affected. St. 1886, c. 242. P. S., c. 112.

CHAPTER 230.
AN ACT CONCERNING THE VOLUNTEER MILITIA.
Section 1, amended. St. 1886, c. 63, §§ 4, 5. P. S., c. 14.

CHAPTER 247.
AN ACT EXTENDING THE AUTHORITY TO SUMMON WITNESSES.
Repealed. St. 1885, o. 141. P. S., cc. 155, 169.

CHAPTER 255.

AN ACT TO ESTABLISH A REFORMATORY FOR MALE PRISONERS.

Added to. St. 1884, c. 331. St. 1885, c. 35. P. S., c. 221.
Sections 33, 34, affected. St. 1886, c. 323.

CHAPTER 275.

AN ACT RELATING TO THE EMPLOYMENT OF MINORS IN MERCAN-
TILE ESTABLISHMENTS.

Affected. St. 1886, c. 90. P. S., c. 74.

CHAPTER 298.

AN ACT TO ASCERTAIN BY PROPER PROOFS THE CITIZENS WHO
ARE ENTITLED TO THE RIGHT OF SUFFRAGE.

Section 25, amended. St. 1885, c. 279, § 6. P. S., c. 6.
Section 28, amended. St. 1886, c. 68.

CHAPTER 299.
AN ACT CONCERNING ELECTIONS AND VOTING THEREIN.
Amended. St. 1885, cc. 5, 351. P. S., c. 7.

492 Public Statutes.

CHAPTER 307.
AN ACT TO PREVENT THE ADULTERATION OF VINEGAR.
Section 2, amended. St. 1885, c. 150. P. S., c. 60.

CHAPTER 310.

AN ACT IN RELATION TO THE INSPECTION AND SALE OF MILK

AND BUTTER.

Section 1, amended. St. 1886, c. 317.

Sections 3, 4, amended. St. 1886, c. 318. P. S., c. 57.

CHAPTER 319.

AN ACT PROVIDING FOR THE COMPENSATION OF MEMBERS OF THE

LEGISLATURE.

Superseded. St. 1886, c. 352. P. S., c. 2.

CHAPTER 330.

AN ACT CONCERNING FOREIGN CORPORATIONS HAVING A USUAL
PLACE OF BUSINESS IN THIS COMMONWEALTH.

Affected. St. 1886, c. 230. P. S., c. 105.

ST. 1885.
CHAPTER 5.
AN ACT CONCERNING ELECTIONS IN TOWNS.
Amended. St. 1885, c. 351. P. S., c. 7.

CHAPTER 15.

AN ACT PROVIDING FOR ADDITIONAL CLERICAL ASSISTANCE IN
THE OFFICE OF THE TREASURER.

Eepealed. St. 1*886, c. 38. P. S., c. 17.

CHAPTER 79.

AN ACT TO ESTABLISH THE SALARY OF THE JUSTICE OF THE
MUNICIPAL COURT OF THE DORCHESTER DISTRICT.

Affected. St. 1886, c. 124. P. S., c. 154.

CHAPTER 144.

AN ACT RESPECTING COMPLAINTS IN CERTAIN CRIMINAL PROSE-
CUTIONS.

Repealed. St. 1886, c. 53. P. S,, c. 213.

Table oy Changes. 493

CHAPTER 238.
AN ACT RELATING TO THE TAXATION OF TELEPHONE COMPANIES.
Amended. St. 1886, c. 270. P. S., c. IS.

CHAPTER 271.

AN ACT RELATING TO THE ASSESSMENT AND REGISTRATION OF

VOTERS.

Sectiou 1, amended. St. 1886, c. 68. P. S., c. 6.

CHAPTER 314.
AN ACT TO ESTABLISH A BOARD OF GAS COMMISSIONERS.

Affected. St. 1886, c. 346. P. S., c. 61.

CHAPTER 345.
AN ACT IN RELATION TO NATURALIZATION.
Amended. St. 1886, cc. 45, 203. P. S., c. 160.

CHAPTER 352.

AN ACT IN RELATION TO THE INSPECTION AND SALE OF MILK

AND BUTTER.

Amended. St. 1886, cc. 317, 318. P. S., c. 57.

ST. 1886.

CHAPTER 38.

AN ACT TO ESTABLISH THE SALARIES OF THE CLERKS IN THE
OFFICE OF THE TREASURER AND PROVIDE FOR THEIR
PROPER DESIGNATION.

Affected. St. 1886, c. 334. P. S., c. 17.

PUBLIC STATUTES.

CHAPTER 1.

OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES
CEDED TO THE UNITED STATES.

Skct. 1. Provision is made for defining the boundary line between
Massachusetts and Rliode Island. St. 1883, cc. 113, 154. And between
Massachusetts and New Hampshire. Res. 1885, c. 77 ; 1886, c. 58.

Sect. 4. The United States are given concurrent jurisdiction with the

494 Public Statutes.

Commonwealth over lands of the United States Fish and Fisheries Com-
mission. St. 1882, c. 131.

CHAPTER la.

OF THE GREAT SEAL.

The form of the Great Seal is established. St. 1885, c. 288.

CHAPTER 2.
OF THE GENERAL COURT.

Sects. 5-14. The law as to the notice to be given of petitions to the
legislature is revised and amended. St. 1885, c. 24.

Sect. 15. The pay of members of the legislature is increased from $500
to $650. St. 1884, c. 319. And then to $750. St. 1886, c. 352.

Sects. 17, 18. The compensation of the messengers is fixed at five
dollars per day ; of the doorkeepers, assistant doorkeepers and postmaster
at five dollars per day and one hundred dollars in addition ; and of the
pages at three dollars per day. St. 1882, c. 257, § § 2, 3.

.Sect. 21. The salaries of the clerks of the senate and of the house of
representatives are increased from $2,500 to $3,000. St. 1884, c. 329.

Sect. 22, The salaries of the assistant clerks of the senate and of the
house of representatives are increased from $900 to $1,500. St. 1882,
c. 257, § 1 ; 1884, c. 334.

Sects. 24, 35. The provisions relating to the annual election sermon are
repealed. St. 1884, c. 60.

Sect. 27. The limit of the number of doorkeepers, assistant door-
keepers, messengers and pages is increased from twent^'-five to tbirt^'-two.
St. 1882, c. 257, § 4.

Sect. 34. No session of the legislature is to be held and public offices
are to be closed on Monday when Christmas falls on the Sunday preceding.
St. 1882, c. 49.

CHAPTER 3.
OF THE^STATUTES.

Sect. 1. "When an act is required to be accepted by a municipal or
other corporation, a return must be made by them of their action to the
secretary of the Commonwealth. St. 1883, c. 100.

Sect. 3. " Mayor and aldermen " shall be construed to mean " board of
aldermen," unless it is otherwise provided, and except in case of appoint-
ments. St. 1882, c. 164.

" Net indebtedness" of towns, cities and districts in the laws regulating
the investments of banks, etc., shall be computed omitting water debts and
deducting sinking funds. St. 1883, c. 127.

A dail}' or weekly periodical devoted exclusively to legal news shall be
deemed to be a newspaper for the insertion of legal notices. St. 1885,
c. 235.

Table of Ciiaxges. 495

CHAPTER 4.

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC

DOCUMENTS.

Tables of changes in the Public 8tatutG3 by subsequent legislation, and
indexes, are to be prepared and published with such editions of the laws as
the governor directs. St. 1882, c. 238.

Sect. 1. Six thousand copies of the blue book are to be printed, instead
of four thousand five hundred, and the members of the general court and
clerks of the two branches are to receive ten copies instead of eight copies
each. St. 1884, c. 166, § 1 ; 1885, c. 369, § 2.

Sects. 5 etseq. Provision is made for reports of capital trials. St. 1886,
c. 214.

Sect. 7. "Of labor" is added after " bureau of statistics." St. 1882,
c. 6, § 1.

The number of copies of reports to be printed is changed and in some
cases their distributiofli. St. 1884, c. 166 ; 1885, c. 369.

Sect. 9. Provision is made for the annual publication of election cases.
Res. 1886, c. 36.

Sect. 10. The assistant clerks are given the same documents as the
clerks. St. 1882, c. 158.

B}' Res. 1882, c 57, a contract for the state printing for five 3'ears is to
be made in the mode there provided.

Sects. 9, 10. The number of legislative manuals is increased and one
copy is given to each town and city clerk. St. 1883, c. 55.

CHAPTER 5.

OF THE STATE HOUSE, THE SERGEANT-AT-ARMS, AND STATE

LIBRARY.

The Commonwealth building is put in charge of the same officers and
committee as the state house, and the janitor and fireman at Pemberton
square are transferred to it. St, 1884, c. 14.

Sect. 10. The salary of the sergeant-at-arms is increased from $2,500
to $3,000. St. 1884, c. 333.

Sect. 18. Two thousand dollars, instead of eighteen hundred, is allowed
for assistance in the state library. St. 1882, c. 29. The allowance is
increased to twenty-five hundred dollars. St. 1886, c. 66.

Sect. 20. The amount annually appropriated for books, furniture, etc.,
is increased from $2,300 to $3,300. St. 1882, c. 196.

CHAPTER 6.
OF THE QUALIFICATION AND REGISTRATION OF VOTERS.

This chapter is repealed and a new chapter is substituted. St. 1884,
c. 298.

Temporary registrars of voters may be appointed when a member of the
board is absent or unable to act. St. 1885, c. 246.

496 Public Statutes.

Farther provision is made for the assessment and registration of A-oters
and for hearings on the question of residence. At such hearings false
swearing is perjiny. St. 1885, c. 271.

Fartlier provision is made for the assessment and registration of women
as voters. St. 1886, c. 68.

CHAPTER 7.

OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING

VOTES.

This chapter, with the acts amending it, is revised. St. 1884, c. 299.

The provisions of this act shall not apply to town meetings held for the
election of town officers, and all acts repealed are revived. St. 1885, cc. 5,
351.

Precinct voting in towns is provided for and regulated. St. 1886, c. 264.

Sect. 5. The time for designating the polling places in cases of special
. elections is reduced from thirty to ten days. If no convenient place can
be had within the precinct a place in an adjoining precinct may be desig-
nated. St. 1885, c. 142.

The supervisors may be sworn before the town clerk or an}' officer
qualifipd to administer oaths. St. 1885, c. 268.

Sect. 8. Selectmen presiding at town meetings ma}' appoint tellers to
aid them in checking names of voters or in assorting and counting votes.
They shall be chosen equally from the two chief political parties. Such
teller is subject to the same penalties as the officer who appoints him. Sts.
1883, c. 229; 1885, c. 261.

Sect. 14. Ballots with a certificate of their genuineness may be filed
with the city clerk seven days before election, and any attempt to counter-
feit or imitate such certificate is punished. St. 1885, c. 248.

The material, stvle, size and form of ballots on the question of license is
regulated. St. 1886, c. 49.

Sects. 26, 27. Detached stickers or separate pieces of paper of a sur-
face of less than six square inches, are not to be counted but are to be
preserved. St. 1882, c. 260.

Sects. 36, 52. Where the ballots are recounted, the candidates must be
notified and ma}' be present personally or by an agent appointed in writing.
St. 1883, c. 42.

Provision is made for the recount of ballots in towns. St. 1886. c. 262.

Sect. 45. If the copies of the records of votes are incomplete or
erroneous, new copies may be required. Wilful neglect to furnish them is
punished. St. 1882, c. 28, § § 1, 2.

An abstract of the returns, and a statement of all cases where corrected
returns have been received, are furnished to newspapers applying, and the
copies are open to inspection by persons interested. St. 1882, c. 28, § 3.

St. 1882, c. 28, which provides for the correction of errors in the returns
of votes under this section is extended to all returns of votes required by
law. St. 1885, c. 108.

Sects. 48-50. If the copies of votes for county commissioners, county
treasurer or register of deeds appear to be incomplete or erroneous, new

Table of Changes. 497

copies may be required. A penalt}- is imposed on any delay in forwarding
or filing the new copies. St. 1885, c. 229.

Sect. ;)5. Whoever, knowing that he is not a qualified voter, vote§ for
any officer, is punished. St. 1885, c. 351.

Sects. 1, 2, IG, 17, 18, 19, 20, 21, 26, 27, 28, 29, 34, 36, 38,' 39, 51, 52,
55, 62, are repealed. St. 1884, c. 299, § 44.

CHAPTER 8.
OF THE ELECTION OF GOVERNOR AND OTHER STATE OFFICERS.

Sects. 2, 3. New councillor districts are established. St. 1886, c. 348.

Sects. 4, 5. New senatorial districts are established. St. 1886, c. 338.

Sect. (5. New representative districts are established. St. 1886, c. 256.

Sect. 10. The meeting of the clerks to examine the returns is on the
tenth day after the election, instead of the next day. St. 1886, c. 262.

Sect, 'll is repealed. St. 1886, c. 262, § 6.

Sect. 13. Both certificates of election are to be transmitted within fifteen
days, instead of one in ten days and the other before the first Wednesday
of January. St. 1885, c. 107, § 1.

Sect. 14. So, under this section, the certificates are to be transmitted
within fifteen days, instead of one within ten days and the other before the
first day of January. St. 1885, c. 107, § 2.

CHAPTER 9.

OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND
ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

Sects. 1.2. A new division of the state into congressional districts is
made. St. 1882, c. 253.

CHAPTER 11.
OF THE ASSESSMENT OF TAXES.

Sect. 4, which defines taxable personal estate, is amended in the line
reading "■ but not including in such debts due any loan on mortgage of real
estate," by striking out " due" and inserting in its place " or indebtedness."
St. 1882, c. 76.

Sect. 5, CI. 3. The exemption given to literary, scientific and charitable
institutions is lost by wilfully omitting to bring in t!ie list required, but this
act does not appl}' to corporations making returns to the insurance commis-
sioner. St. 1882, c. 217, §§ 2, 4.

Temperance societies are added to the societies exempt. St. 1886,
c. 231.

Sect. 5, CI. 9. The real estate and buildings of unincorporated horticul-
tural societies, so far as used for offices, libraries and exhibitions, is exempt.
St. 1884, c. 176.

Sect. 5, CI. 10. That the property' is owned in common with others does
not atfect the exemption. St. 1885, c. 169.

498 Public Statutes.

The property of the Lynn Workingmen's Aid Association is exempt.
St. 1884, c. 184.

Sect. 14, which provides for the taxation of mortgaged real estate, and
prevents double taxation, is amended by changing "taxable real estate,"
in the first line, to " real estate not exempt from taxation under section five
of this chapter." St. 1882, c. 175.

Sect. 20. Two classes are added : 8th, personal property' held by an
assignee in insolvency, or by an assignee for creditors, is assessed to him at
the insolvent's place of business, or if he had none, at his residence ; 9th,
personal property held by joint owners or tenants in common, not partners,
to them according to their respective interests at the place where they
respectively reside. St. 1882, c. 165.

Sects. 31, 35. The taxes assessed, exclusive of state tax, county tax
and sums required to be raised for the city debt, shall not exceed twelve
dollars on every thousand of the average valuation of the preceding years,
and any order or appropriation requiring a larger assessment is void.
St. 1885, c. 312, § 1.

Sect. 38. A sworn statement of mortgaged real estate, giving the
amount of the mortgage, must be filed or the interest of the mortgagee
need not be assessed to him. St. 1882, c. 175, § 1.

A list of propert}^ held for literar}', benevolent, charitable or scientific
purposes, and of all receipts and expenditures for said purposes, is required
of persons and corporations except such as make retui'ns to the insurance
commissioner under Pub. St., c. 11, § 115. St. 1882, c. 217, § 1.

Sect, 52. The title of the first volume of the valuation book is changed
from " Names of Persons Assessed" to " Names and Residences of Persons
Assessed." St. 1883, c. 41, § 1.

Sect. 53. In the first column, the street and number of the person's
residence are to be added to the name. St. 1883, c. 41, § 2,

Sect. 54. Two new clauses are insei-ted requiring the. assessors to enume-
rate and return the number of neat cattle other than cows assessed, and the
number of swine assessed. St. 1885, c. 106.

The value of the buildings, the total number of tax payers, the number
who pay on propert}' and the number who pa}" a poll tax only are to be
stated. St. 1886, c. 56.

Sects. 54, 55. Copies of the assessors' books, instead of being deposited
with the secretar}' of the Commonwealth on the fifth and tenth years, are to
be deposited every third year, beginning with 1883. The cop}" of the table
of aggregates is to be deposited each 3'ear, instead of eight years out of
ten. Stri883, c. 91.

Sect. 71. On petitions for the abatement of taxes, the county com-
missioners on appeal may make sucli order as to costs as justice requires,
but taxable costs shall not be given to a party who has failed to file a list
of his property. St. 1882, c. 218.

Sect. 77. Dues or taxes for school books may be abated under this
section. St. 1885, c. 67.

Sect. 78. The time for assessing omitted taxes is extended so that an}^
estate discovered after the rate of taxation has been declared, instead of
after the warrant has been committed to the collector, may be assessed.

Table op Changes. 499

Such assessment ma}' be made before December 15, instead of before Sep-
tember 15. St. 1886, c. 85.

Skct. 90. The assessors, with the statement of exempt property, must
send to the tax commissioner all lists and statements tiled by persons or
corporations holding propei'ty for literary, benevolent, charitable or scien-
tific purposes. St. 1882, c. 217, § 3.

Sect. 91. In addition to the debts and assets, the amount of the sink-
ing funds or annual proportionate payments of del)ts must be given.
St. 1882. c. 133, § 2.

Sect. 92. The return as to steam boilers in Boston shall be made by
the inspector of buildings. St. 1882, c. 252, § 5.

CHAPTER 12.
OF THE COLLECTION OF TAXES.

Sect. 35. The surplus from tax sales must be deposited in the city or
town treasury, and paid over to the owner on demand. St. 1884, c. 162.

Sect. 39. The objections to the title must be stated, where an offer to
surrender a tax deed must be made, and the time for the surrender of exist-
ing deeds is limited. St. 1882, c. 243, § 3.

Sect. 50. Every person acquiring a tax-title must file his address with
the treasurer, and, if a non-resident, must appoint an agent authorized to
execute a release and to receive service, and to whom a tender may be
made. St. 1882, c. 243, §§ 1, 2.

Sect. 58. Towns are required to sell lands taken or purchased for taxes
within two years, instead of forthwith. St. 1883, c. 101.

The sale is made by the collector for the time being. If no person
appears to bid an amount equal to the sum due at the original sale or taking
with all intervening charges, the collector may purchase for the city or
town, under section 40. St. 1884, c. 242.

Provision is made for the disposition of land bid in for taxes. St. 1886,
c. 320.

CHAPTER 13.
OF THE TAXATION OF CORPORATIONS.

Sect. 6. The tax commissioner must furnish blanks for the returns of
propert}' held for literary, benevolent, charitable or scientific purposes.
St. 1882, c. 217, § 3.

It would appear that he should send the blanks for steam boiler returns
in Boston to the inspector of buildings and not to the assessors. St. 1882,
c. 252, § 5.

Sects. 17, 40. Title insurance companies are taxed under these sec-
tions. St. 1884, c. 180.

Sect. 20. The time during which real estate held by savings banks, by
foreclosure or purchase at mortgage sales, is exempt, is extended. (See
c. 116, § 20,cl. 8.) St. 1883, c. 248.

Sect. 24. In this section the name " co-operative savings fund and loan
association " is changed to " co-operative bank." St. 1885, c. 121, § 3.

500 Public Statutes.

Sects. 38-40. Telephone companies are hereafter to be taxed under
these sections. St. 1885, c. 238.

Telephone companies formed under the laws of this state and doing busi-
ness wholly or partly- within this state are taxed under these sections ; but
not on stock held by them which is also taxed. St. 188G, c. 270.

Sect. 42. P^very corporation or association for mining, quarrying, or
getting earth oils, or holding lands, organized out of the Commonwealth,
which opens an office in the Commonwealth, must pa}' a tax ; and the
officers and agents here are liable for such taxes. St. 1882, c. lOG ; St.

1883, c. 74.

Such corporations need not make returns under St. 1882, c. 106, if they
make them under St. 1884, c. 330. St. 1886, c. 230.

CHAPTER 14.
OF THE MILITIA.

The amount now in the treasury on account of bounties and allotments
to soldiers is transferred to the bouut}' loan sinking fund. Claims against
it are to be filed with the auditor and allowed l)y him. St. 1882, c. 112.

An ambulance corps is added to the militia. St. 1885, c. 236.

Sect. 13. The salary- of the adjutant-general is raised from S2,500 tO
$3,000, and that of his fi'rst clerk from $1,800 to $2,000. St. 1886, c. 237.

Sect. 14. The quartermaster-general shall adjust all accounts relating
to military property loaned, and shall require annual returns of such prop-
erty, and may recover it at any time under the direction of the governor.
St. 1886, c. 105.

Sect. 22. Batteries are not limited to four guns. St. 1886, c. 63, § 4.

Sect. 23. One or more of the infantry regiments ma}' be trained as-
heavy artillery. St. 1882, c. 97.

The direction as to the companies and battalions is repealed. St. 1884,
c. 230, § 2.

Sects. 22, 25. The signal corps is attached to the brigade staff'. St.

1884, c. 230, §§ 1, 3.

Sect. 25. An assistant inspector of rifle practice is added to the brigade
staff. St. 1886, c. 63, § 5.

Sect. 26. An inspector of rifle practice with the rank of first lieutenant
is added. St. 1886, c. 63, § 1.

Sect. 30. The regimental bands are increased from eighteen to twenty-
four pieces. St. 1884, c. 230, § 4.

Sect. 31. Officers of the signal corps are allowed horses. St. 1884,
c. 230, § 5.

Sects. 35, 54. Medical officers are hereafter to be examined by three
medical officers. St. 1884, c. 230, §§ 6, 8.

Sect. 54. If an officer when ordered fails to appear before or to pass
the board of examiners, he shall be discharged. St. 1884, c. 230, § 9.

Sect. 59. In case of a vacancy in the office of captain, the commanding
officer of the regiment or battalion appoints a recruiting officer. St. 1884,
c. 230, § 7.

Table of Changes. 501

Skct. 6'.). All enlisted mun may also be discharged on the application
of his company commander approved by superior commanders. St. 1884,
c. 230, § 10. '

Sect. 78. Military propert}' is to be returned immediatel}'. St. 1884,
c. -iSO, § 11. ' '

Skct. 80. Commanders of companies shall receive lift}' dollars per
annum for care of the propert3^ St. 1884, c. 45.

Signal corps commanders are allowed twenty-five dollars, and ambu-
lance corps commanders fifteen dollars for the care of the property. St.
1886, c. 63, § 3.

Sect. 91. The Grand Army may be allowed to use the State camp
ground. Res. 1882, c. 15.

Sect. 98. The certificate as to the rent of armories and headquarters
is modified so that it shall state the amount paid or charged for such rent
instead of the amount paid. St. 1885, c. 147.

Sect. 108. Parade for drill may be in September or October, as well as
in May Or June. St. 1884, c. 230, § 12.

Sect. 109. The encampment ma}' be in June. St. 1884, c. 230, § 13.

Sect. 111. The report is to be made by the inspector-general tp the
commander-in-chief. St. 1884, c. 230, § 14.

Sect. 127. To the associations which may parade with arms are added
associations of honorably discharged soldiers, at the decoration of soldiers'
graves. St. 1882, c. 179.

Applications for leave to parade with arms must be approved by the
town or city authorities. St. 1884, c. 230, § 15.

Sect. 130. The compensation of the militia and the allowance for
forage and horses is revised and changed. St. 1882, c. 178.

Sect. 150. Fines under by-laws may be collected by suit. St. 1884,
c. 230, § 16.

Sect. 164. The word company shall include also ambulance and signal
corps. St. 1886, c. 63, § 2.

CHAPTER 15.

OF THE EXECUTIVE DEPARTMENT AND THE SECRETARY OF THE

COMMONWEALTH.

Sect. 1. The salary of the governor after 1884 is $5,000, instead of
$4,000. St. 1884, c. 328.

Sect. 5. The salary of the private secretary of the governor is raised
from SI. 500 to $2,000."^ St. 1885, c. 77.

Sect. 6. The salary of the executive clerk is raised from $1,200 to
$1,500. St. 1884, c. 8.

The salary of the executive messenger is raised from $800 to $900.
St. 1884, c. 38.

Sect. 9. The salary of the secretar}' of the Commonwealth is raised
from $2,500 to $3,000. St. 1884, c. 79.

Sect. 10. The salary' of the first clerk of the secretary is raised from
$1,800 to $2,000. St. 1885, c. 87.

And of the third clerk from $1 ,200 to $1,300. St. 1883, c. 48.

502 Public Statutes.

The allowance of the secretary of the Commonwealth for clerk hire is
increased from $10,000 to $11,000. St. 1884, c. 15.

Sect. 10. The salary- of the second clerk of the secretary of the Com-
monwealth is raised from $1,500 to $1,700. St. 1886, c. 238.

Sect. 15. The duty of furnishing blank forms for returns of criminal
cases pending, is transferred from the secretary to the commissioners of
prisons. St. 1882, c. 226.

CHAPTER 16.
OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE.

The par of exchange established by U. S. Rev. St., § 3565, is adopted.
St. 1882. c. 110.

Sect. 2. The salary of the auditor is raised from $2,500 to $3,000 and
that of his first clerk from $1,800 to $2,000. St. 1885, c. 195.

Sect. 7. The auditor is required to submit an abstract of his report by
January 30, and the full report as soon as may be. St. 1884, c. 207.

Sect. 17. The salary of the treasurer is raised from $4,000 to $5,000.
St. 1885, c. 263.

He is allowed one more clerk. St. 1882, c. 111. He is also allowed a
fund clerk. St. 1883, c. 164. And he may temporarily employ additional
clerical assistance at an expense not exceeding one thousand dollars in any
one 3'ear. St. 1885, c. 15.

The clerks are designated, St. 1886, c. 38. The salaries of his clerks
are raised as follows : First clerk from $2,300 to $2,500, second clerk from
$1,800 to $2,000, the cashier the same, the third clerk from $1,200 to
$1,400, the fund clerk from $1,200 to $1,400. And the salary of the re-
ceiving teller is fixed at $1,400, and of the pajung teller at $1,200. St.
1886, c. 334.

Sect. 26. The annual financial estimates are hereafter to be made to the
auditor instead of to the secretar3\ St. 1885, c. 41.

Sect. 28. Mone}^ for small expenses may be advanced to officers author-
ized to expend mone}^ St. 1884, c. 179.

Sect. 42. Is repealed, and the power of committees to cause hearings
to be advertised is limited. St, 1885, c. 371.

Sect. 52. Money from sales of public property must be accompanied by
a sworn itemized account, approved by the proper officers. St. 1884,
c. 326.

Sect. 60. The authorized investments of the state funds are enlarged.
St. 1882, c. 130.

Sect. 72. The account which certain officers must make of fees, fines
and other moneys received b}- them and the disposition made of them must
be made in detail. St. 1886, c. 169.

Table of Changes. 503

CII AFTER 17.
OF THE ATTORNEY-GENERAL AND THE DISTRICT ATTORNEYS.

Sect. 2. He may also appoint a law clerk as au assistant at a salary of
$1,000. St. 1886, c. 216.

Sect. 9. The attorney-general ma}' have reports of capital trials pub-
lished. St. 1886, c. 214.

Sect. 15. The salary of the district attorney for the eastern district is
raised from $1,800 to $2,400, and he is t^iven an assistant at $1,000 per
annum. St. 1882, cc. 156-157.

The salaries of the first and second assistant district attorne3's for the
Suffolk district are raised from $2,400 and $2,000 respectively to $2,500.
St. 1882, c. 245, § 2. .

The salary of the district attorney for the middle district is raised from
$1,800 to $2,100. St. 1885, c. 1G8.

CHAPTER 18.

OF NOTARIES PUBLIC AND COMMISSIONERS TO ADMINISTER OATHS
OF OFFICE AND TO TAKE ACKNOWLEDGMENTS OF DEEDS, Etc.

Women who are attorneys may be appointed special commissioners to
administer oaths and take acknowledgments and depositions. St. 1883,
c. 252.

Sect. 14. The commissioner may take his official oath before a minister
or consul of the United States. St. 1885, c. .'U.

CHAPTER 19.
OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.

The commissioners are given the care and custody of the Connecticut
river, and are to cause it to be surveyed. St. 1885, c. 344.

Sect, 3. They are given the same charge of all lands of the Common-
wealth for which other provision is not made, which the}^ now have over
lands in tide waters. St. 188G, c. 144.

Sect. 7. Regulations are established for Gloucester harbor. St. 1885,
c. 315.

The harbor lines at East Boston are established. St. 1882, c. 48.

So at Gloucester. St. 1882, c. 103 ; St. 1883, c. 109.

So at Haverhill. St. 1883, c. 104.

Sects. 10, 11, 12. Shall appl}' to the Connecticut river. St. 1885,
c. 344, § § 2, 3.

CHAPTER 20.

OF THE STATE BOARD OF AGRICULTURE.

An agricultural experiment station at the Agricultural College in Amherst
is established. St. 1882, c. 212.

The board of control of the station must report annually. St. 1883,
c. 105.

504 Public Statutes.

An additional sum of $5,000 annually is allowed for the maintenance of
the experiment station. St. I880, c. 327.

Sect. 4. The salary of the secretarj^ is raised from $2,000 to $2,500.
St. 1883, c. 184.

The sum allowed to the secretar}- for clerical services, besides his regular
clerk, and for lectures, is increased from $400 to $800. St. 1884, c. 66.

CHAPTER 21.
GENERAL PROVISIONS RELATING TO STATE OFFICERS.

All official bonds which are in the custod}^ of the treasurer or are by law
approved by the governor and council, must be examined once a year or
oftener. St. 1885, c. 32.

Sect. 10. The treasurer may close his office for the receipt or payment
of money at two o'clock instead of three. St. 1886, c. 257.

CHAPTER 22.
OF COUNTIES AND COUNTY COMMISSIONERS.

Sect. 14. The sum allowed for the pav of the count}- commissioners is
raised in Essex from $3,200 to $3,900 ; inMiddlesex from $3,000 to $4,500 ;
in Norfolk from $1,000 to $2,700. St. 1885, c. 277. In AVorcester from
$3,400 to $3,900 ; in Bristol from $2,000 to $2,500, and in Plymouth from
$1,900 to $2,300. St. 1886, c. 251.

Sect. 15. The sessions of the county commissioners in Berkshire are
changed from the first Tuesday- of April, July and September, and the last
Tuesda}- of December, to the first Tuosda}- of .January, April, July and
October. St. 1883, c. 63.

Sect. 26. This section, giving the right to act on certain matters at
other times than regular meetings, is limited to the regular commissioners ;
and is made expressly applicable to the issuing of orders of notice. St.
1885, c. 91.

CHAPTER 23.

OF COUNTY TREASURERS AND COUNTY FINANCES.

Sect. 2. The salary of the treasurer of Hampden count}' is raised from
$1,200 to $1,500. St. 1884, c. 112. And of Worcester and Essex each
from $1,800 to $2,200. St. 1886, cc. 132, 133.

CHAPTER 24.
OF REGISTERS OF DEEDS.

Sect. 5. Worcester county is divided for registry purposes, and Fitch-
burg, Lunenburg, Leominster, Westminster and Ashburnham are made the
northern district, and provision is made for the appointment of a register
and the transfer of papers. St. 1884, c. 40.

Sect. 9. Women maj' be appointed to the office of assistant register of
deeds. St. 1885, c 7.

Table of Changes. 505

Sect. 22. Alter January 1, 18S6, the indexes in registries of deeds,
except Suffolk, shall have a new head, nnder which shall be entered the
towns in which the lands lie. St. 1885, c. 29.

CHAPTER 25.
OF SHERIFFS.

Sect. 20. Writs or processes in favor of as well as against a sheriff are
to be so served. St. 1885, c, 75.

Sect. 22. The sheriff of Dukes countv is given the fees in addition to
his salarv. St. 1884, c. 209. And so the sheriff of Nantucket. St. 1886,
c. 28.

CHAPTER 2(;.
OF MEDICAL EXAMINERS.

Sect. 2. A new district is made in Franklin countv, for which a new
examiner is to be appointed. St. 1884, c. 321.

In Plymouth the number of medical examiners and districts is increased
from four to five. St. 1886, c. 74.

Sect. 9. The fees of medical examiners are raised ; for a view with-
out an autopsy from four to five dollars, and the fee for travel from five to
ten cents per mile. St. 1885, c. 379, § 1.

Sect. 11. A report of each autopsy is to be filed with the district attorney,
with a certificate that it was necessary-. Except in Suffolk, the district
attorney must certify that it was, in his opinion, necessary, before the fee
can be paid. St. 1885, c. 379, § 7.

Sect. 25. Special justices of police, district or municipal courts who
receive compensation only under P. S., c. 154, § 26, are given the same
fees at inquests as trial justices. St. 1885, c. 40.

The same fees are allowed to witnesses and officers at inquests as in
criminal prosecutions before trial justices. St. 1883, c. 61.

The fees of the witnesses are fixed. St. 1885, c. 379, § 2.

Sect. 26. A yearly report to the secretary of the Commonwealth is
required, for which the examiner is given a fee. The secretary' reports the
tabular results of the returns to the legislature with the return of births,
deaths and marriages. St. 1885, c. 379, § § 3, 4, 5, 6.

CHAPTER 27.
OF TOWNS AND TOWN OFFICERS.

Towns and cities may devote a part of their territory to the preservation
and culture of forest trees for the wood and timber or the preservation of
their water supply. They may take or purchase land. The state board of
agriculture is given charge of such lands. The town or city may erect
buildings for instruction or recreation thereon and borrow money. St. 1882,
c. 255.

Towns and cities may lay out public parks and take lands therefor, assess
betterments and borrow money. St. 1882, c. 154.

506 Public Statutes.

Sect. 9. Any town or city may lease public buildings, except school-
houses, to the Grand Army for a period not exceeding five years. St. 1885,
c. 60.

Sect. 10. Towns may vote money for erecting headstones or other
monuments for soldiers or sailors in the national wars, and keeping the
same in repair. St. 1884, c. 42.

The monuments which may be kept in repair or decorated need no longer
be within the limits of the town. St. 1886, c. 76.

Sect. 12. A city or town may raise fifty cents instead of twenty-five
cents for each poll, to be expended in planting or encouraging the planting
of shade trees. St. 1885, c. 123, § 1.

Sects. 44, 45, 46, 47, 48, 49, with reference to telegraph wires, shall also
applj^ to wires for electric light. St. 1883, c. 221.

Sect. 60. Moderators and town clerks may appoint tellers to assist in
counting votes or checking names. St. 1883, c. 229.

Sect. 65. A town on accepting certain statutes may elect three, five,
seven or nine assessors, the term of office being three years, and part going
out each year; or four assessors, the term being two years, and half going
out each year. St. 1883, c. 203, § 1.

Sect. 69. It may in the same wav choose three, five, seven or nine over-
seers of the poor. St. 1883, c. 203, "§ 2.

Women are eligible as overseers of the poor. St. 1886, c. 150.

Sect. 78. Towns maj^ elect auditors. St. 1886, c. 295.

Sect. 102. The oath is modified in form and must be taken by assessors,
assistant assessors and other persons chosen to aid in assessing. St. 1885,
c. 355.

Sect. 104. The penalty' is extended to all the persons required to take
the oath. St. 1885, c. 355, § 2.

Any knowing over or under valuation of property is punished. St. 1885,
c. 355, § 3.

CHAPTER 28.

OF CITIES.

"Mayor and aldermen" shall mean board of aldermen, unless provision
is otherwise made, except in case of appointments. St. 1882, c. 164.

In case of death, resignation, absence or inabilit}" of the mayor, the
office devolves on the chairman of the board of aldermen, if an}^ then on
the president of the common council. Such officer is st3'led acting mayor.
He can make no permanent appointments. St. 1882, c. 182.

An}' person elected mayor, alderman, common councilman or member of
the school committee shall be notified of his election by the board of alder-
men within seven days after the result is declared ; and if elected at a
special election, he shall not act until such notice has been issued. St. 1885,
c. 159.

Sect. 6. One of several items involving the appropriation of money or
the raising of a tax may be separately vetoed. St. 1885, c. 312, § 3.

Sect. 7. Where the mayor presides in the board of aldermen he has no
vote there or in joint convention. St. 1882, c. 180.

Table of Changes. 507

Sect. 14. The mayor and aldcnneu may require a separate return of the
inhabitants and legal voters residing in each street for use in the new divi-
sion of wards. St." 1884, c. 181, § 9.

The enumeration ma}- be by sub-divisions instead of by streets. St, 1885,
c. 156.

The time when the new division of wards goes into effect is changed from
November 10th to December loth. St. 1884, c. 125.

Sect. 14. The city clerk must make a return to the secretar}- of the
Commonwealth of such new division stating the number of wards and
giving the designation of each voting precinct, St. 1886, c. 78.

All new divisions of wards and precincts made under this section since
May 1, 1885, are abolished. St. 1886, c, 283,

Sect. 23, No member of the city council is eligible during his term of
office to an}- office by appointment or election of the cit}- council or either
branch thereof, the salar}' of which office is paid from the city treasur^^ St.
1886,0.117.

Sect. 25. The selectmen of towns may make rules for the regulation of
carriages and other vehicles as mayors and aldermen of cities may now do.
St. 1885, c. 197.

CHAPTER 29.
OF MUNICIPAL INDEBTEDNESS.

Sect. 4. The limit of city debts is reduced from three per cent, to two
and one-half per cent., but this does not apply to Worcester, Lynn, Glou-
cester and Brockton until 1889. St. 1885, c. 312. And also Holyoke.
St. 1886, c. 178. And Newburvport in part. St. 1886, c. 254. And
Boston in part. St. 1886, c. 304^

Sect. 6. Temporary- loans can hereafter be made only in anticipation of
the taxes of the current year. St. 1885, c. 312, § 4,

Sects. 7, 8, Towns and cities which have incurred or shall incur a debt
may issu€ bonds, notes or scrip therefor, with interest at a rate not exceed-
ing six per cent, per annum, and sell the same. St. 1884, c. 129.

Sect. 9. A fixed annual appropriation may be provided for as a substi-
tute for a sinking fund. St. 1882, c. 133.

CHAPTER 30.
OF AID TO SOLDIERS AND SAILORS AND TO THEIR FAMILIES.

Sect. 1. The limit of salary of the third commissioner of state aid is
raised from $1,500 to $1,800. St. 1885, c. 214.

Sects. 2, 9. State aid is extended from 1885 to January- 1st, 1890.
St. 1884, c. 34.

Sect. 2. The three months' troop of 1861 are included among those
entitled to state aid. St. 1885, c. 173.

The provisions as to state aid are extended to the one hundred days'
troops of 1864. St. 1886, c. 39.

Sects, 2, 3. State aid may be granted to widows of soldiers, sailors or
marines who were married before April 9, 1870. St. 1885, c, 204.

508 Public Statutes.

Aid for soldiers ma}' be entrusted to Grand Army Posts for distribution.
St. 1885, c. 189.

Sect, 18. One or more persons may be appointed to investigate claims
for reimbursement of state aid instead of one person. St. 1886, c. 110.

CHAPTER 31.

OF THE CENSUS, THE BUREAU OF STATISTICS OF LABOR AND THE
BOARD OF SUPERVISORS OF STATISTICS.

Sects. 1-12. The provisions for the state census are revised. St. 1884,
c. 181.

Certain statistics as to manufactures are to be collected anhuall}' b}' the
bureau of statistics of labor and abstracts are to be published and dis-
tributed. St. 1886, c. 174.

Sects. 13, 15. The chief of the bureau of statistics of labor is given a
second clerk at $1,300 per year. St. 1884, c. 4.

CHAPTER 32.

OF THE REGISTRY AND RETURN OF BIRTHS, MARRIAGES AND

DEATHS.

Sect. 5. A certiGcate approved b}- the board of health, where there is
one, is required before the removal of bodies as well as before burial.
St. 1883, c. 124, § 1.

No body of a person dying from certain diseases can be transported
unless securely encased; and no permit to remove can be given until the
board of health or selectmen have given a certificate stating the cause of
death and that the bod}' has been so encased. The certificate goes with
the body. St. 1883, c. 124, § 2.

Sect. 7. Physicians and mid wives are required to report additional
facts and are given a fee of twentj'-five cents. St. 1883, c. 158.

CHAPTER 33.

OF WORKHOUSES AND ALMSHOUSES.

No recently insane person can be detained in an almshouse without
remedial treatment. St. 1886, c. 319, § 3.

CHAPTER 35.
OF FIRES, FIRE DEPARTMENTS AND FIRE DISTRICTS.

Sect. 1. Forest fire-wards are to be appointed. Their duties are de-
fined. St. 1886, c. 296, § 2.

Sect. 10. These returns shall include forest fires. St. 1886, c. 296,
§4.

Sect. 29. The selectmen are authorized to remove engineers after notice
and hearing. St. 1886, c, 113.

Table of Changes. 509

CHAPTER — .

OF THE CIVIL SERVICE.

The appointmeut of officers in the government of the Commonwealth and
of the cities is regulated. St. 1884, c. 320.

CHAPTER 37.
OF THE PUBLIC RECORDS.

Clerks of towns and cities shall keep indexes of instruments recorded in
the form here provided. St. 1885, c. 190.

Sect. 3. The county commissioners must furnish additional accommoda-
tions when required b}' a justice of the supreme court. St. 188t), c. 207.

CHAPTER 38.

OF PARISHES AND RELIGIOUS SOCIETIES.

Sect. 43. This section defining the powers of officers of Protestant
Episcopal churches is extended to the Reformed Episcopal church. St.
1886, c. 239.

CHAPTER 39.

OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE

USES.

Sects. 1, 2. Churches or religious societies ma}^ appoint trustees w^ho,
with their successors, shall be a body corporate for the purposes of this
section. St. 1884, c. 78,

CHAPTER 40.

OF LIBRARY ASSOCIATIONS.

Sect. G. The amount which mav be paid to the county law libraries is
increased from $1,500 to $2,000. St. 1882, c. 248.

CHAPTER 41.
OF THE BOARD OF EDUCATION.

Sect. 8. The salar}' of the secretar}' of the board of education is raised
from 82,500 to $3,000. St. 1885, c. 227.

Sects. 10, 17. The board also supervise the pupils in the Perkins Insti-
tution and Massachusetts School for the Blind. St. 1885, c. 118.

Sect. 16. Provision is made for children who are both deaf mutes and
blind. St. 1886, c. 241.

CHAPTER 43.

OF THE SCHOOL FUNDS.

Sect. 3. The distribution of the half of the school fund not specificallv
appropriated is changed, increasing the amount for the smaller towns.
St. 1884, c. 22.

510 Public Statutes.

CHAPTER 44.
OF THE PUBLIC SCHOOLS.

Sect. 1. The use of hand tools may be taught, if deemed expedient.
The tools are to be furnished b}' the town and loaned to the scholars.
St. 1884, c. 69.

Sect. 2. Towns and cities of over ten thousand inhabitants must main-
tain evening schools, with certain studies. The terms, hours and regula-
tions are fixed by the school committee. St. 1883, c. 174.

Physiology and hygiene, including special instruction as to the effects of
alcoholic drinks, stimulants and narcotics on the human system shall be
taught in the public schools. St, 1885, c. 332.

Sects. 1,2. Cities of over fifty thousand inhabitants must maintain
evening high schools when requested by fifty persons intending to be
students. St. 1886, c. 236.

Sect. 28. Teachers after a service of one year may be elected to serve
during the pleasure of the committee. St. 1886, c. 313.

Sect. 36. Text-books and school supplies are hereafter to be purchased
and loaned to the pupils. St. 1884, c. 103.

Sects. 37, 38. The sum due to the town for school books may be
abated as in the case of taxes. St. 1885, c. 67.

Sects. 35, 40. Are repealed and school committees may procure, at the
expense of the city or town, an appropriation having been previously made
therefor, such apparatus, books of reference and other means of illustration
as they deem necessary. St. 1885, c. 161.

CHAPTER 45.
OF SCHOOL DISTRICTS.

The school district system is abolished January- 1, 1883, and the affairs
of the districts are to be closed. St. 1882, c. 219.

Sect. 8. Towns are given the right to sue or defend for abolished school
districts. St. 1884, c. 122.

CHAPTER 47.
OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.

Sect. 9. No child can attend school while any member of its family is
sick with small-pox, diphtheria or scarlet fever, or until two weeks after
their recover3\ St. 1884, c. 64.

Pupils from families where persons are sick of small-pox, diphtheria or
scarlet fever may not attend school, nor after recovery without a cer-
tificate from the attending physician or board of health. St. 1885, c. 198.

Table of Changes. 511

CHAPTER 48.

OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS RESPECT-
ING THEM.

Sect. 1. No minor can be employed to sell papers devoted to criminal
news. St. 1885, c. 305.

No child nnder twelve years of age shall be employed at any time dur-
ing the days in which the public schools are in session in the city or town
in which he resides. St. 1885, c. 222.

Sect. 12. Whoever, after notice, hires, entices or induces any child
unlawfully to absent himself from school, or hires, employs or harbors such
absentee or truant, is punished. St. 1885, c. 71.

Sect. 14. Is changed, so that three or more cities or towns in each of two,
three or four contiguous counties may require the establishment of a union
truant school, and the clause with reference to Norfolk, Bristol, Barnstable
and Plymouth counties is repealed. St. 1884, c. 155.

Sect. 18. Poor children in need of immediate relief are to be provided
for b}^ the board of health, lunac}^ and charity, and courts may commit
children who are growing up without education or salutar}^ control, or who
are dependent on public charity, to such board, if thev have no settlement,
or to the overseers of the poor if they have a settlement. St. 1882, c. 181.

A complaint, summons to the parents or guardian of the child, a hearing
and appeal, and the custody of the child pending the proceedings are pro-
vided for. St. 1886, c. 330.

If an}' parent abandons a child under two years old, or neglects to sup-
port it, or having contracted for its maintenance fails to perform such con-
tract, he is punished. Any person knowingly and with wrongful intent
aiding such abandonment, is also punished. Every person receiving a child
under one year old, knowing or having cause to believe it to be illegitimate,
must at once notify the overseers of the poor. The parents must answer
all questions as to its residence, parentage and place of settlement, and
must, when called upon, give securitv for its maintenance. St. 1882,
c. 270.

Unreasonable neglect to provide for the support of a wife or minor child,
is punished, and the fine may be paid to the corporation or person actually
then supporting them. St. 1882, c. 270, § 4 ; St. 1884, c. 210 ; St. 1885,
c. 176.

Sects. 18, 19. Provides that only persons appointed by the towns and
the officers and agents of the societ}^ for the prevention of cruelty to children
shall make complaints under these sections. It is now added that they
alone shall carry into effect the judgments thereon. St. 1883, c. 245.

CHAPTER 49.

OF THE LAYING OUT AND DISCONTINUANCE OF WAYS, AND OF
DAMAGES OCCASIONED BY THE TAKING OF LAND FOR PUBLIC
USE.

Land may be taken for parks. St. 1882, c. 154.

For the cultivation of trees. St. 1882, c. 255.

The improvement of public grounds or open spaces in streets designated

512 Public Statutes.

as not needed for public travel, may be given to corporations organized for
the purpose who will then have charge thereof, subject to the direction
of the selectmen or road commissioners. Any wilful injiny is punished by
a fine which goes to the corporation, St. 1885, c. 157.

Public landing places already existing ma}' be laid out and defined.
St. 1882, c. 109.

Sect. 18. A provision is inserted providing for the payment by the
trustee of any rent or charge to the reversioner or remainderman and the
language is changed in other respects. St. 1883, c. 253.

Sect. 47. The pay of the officer who attends the sherifl"s jury is raised
from one dollar and one-half to four dollars per da}'. St. 1882, c. 96.

CHAPTER 50.

OF SEWERS, DRAINS AND SIDEWALKS.

Sect. 5. Land sold for sewer assessments ma}' be redeemed as if sold
for taxes. St. 1883, c. 145.

The lien is extended from one year to two years. St. 1886, c. 210.

CHAPTER 51.

OF BETTERMENTS AND OTHER ASSESSMENTS ON ACCOUNT OF
THE COST OF PUBLIC IMPROVEMENTS.

The betterment act is extended to alterations of ways at railroad cross-
ings. St. 1884, c. 280.

The authorities may agree to assume betterments for streets or parks, if
the land-owner will release damages. St. 1884, c. 226.

Betterments bear interest after thirty days, and the lien continues for one
year after the determination of suit to test their validity. St. 1884,
c. 237.

Notice of any assessment of betterments shall be given to persons
affected within three months. St. 1885, c. 299.

CHAPTER 52.
OF THE REPAIR OF WAYS AND BRIDGES.

Sect. 10. The mode of ordering the trimming and removal of trees in
ways is modified. St. 1885, c. 123, § 2.

Sect. 19. The notice of injury shall not be invalid for any unintentional
inaccuracy, if the party entitled to notice was not misled. St. 1882, c. 36.

CHAPTER 53.

OF THE REGULATIONS AND BY-LAWS RESPECTING WAYS AND

BRIDGES.

Sect. 18. Is so modified that the county commissioners can regulate
travel over bridges to whose construction or maintenance the county con-
tributes. St. 1882, c. 108.

Table of Chai^oes. 513

CHAPTER 54.

OF THE ROUNDARIES OF IIIGHWAYS AND OTHER PUBLIC PLACES,
AND ENCllOACH.MEXTS TIIEllEON.

No barbc(l wire fence may be built against a sidewalk. St. 1884, c. 272.

Si'.crs. G, 9. The town or cit}- may itself plant such trees. St. 1885,
c. 12;l, § 1.

Sbcts. C, 9, 12. The requirement of acceptance is repealed. St. 1885,
C.123, §3.

CHAPTER 56.

OF THE ixsPEcrnox and sale of butter, cheese, lard, fish,
HOPS, leather and pot and pearl ashes.

Sect. 17. In the mark or label, '' imitation butter " is substituted for
" adulterated butter." St. 1884, c. 310, § 1.

Sects. 17, 18, 19. The type of the brand required is changed from
Roman to Gothic, and other names are allowed. St. 1885, c. 352, §§1,2.

The sale of imitations of butter is farther regulated. St. 1886, c. 317.

Si-XT. 19. False labels, stamps or marks are punished. St. 1885,
c. 352, § 3.

Sect. 20. Inspectors may enter places where butter or cheese is
stored or kept for sule, and interference with their duties is punished.
St. 1884, c. 310. § 2.

Insp.'Ctors appointed under St. 1882, c. 263, are given authority under
this bc-ctiou. St. 1885, c. 352, § 5.

CHAPTER 57.
OF THE INSPECTION AND SALE OF MILK.

Municipal, district, police courts and trial justices are given concurrent
jurisdiction with the superior court of otfences under this chapter. St. 1885,
c. 149.

The milk act is not repealed or amended hy subsequent legislation as to
adulterations. St. 1884, c. 289, § 4.

Sect. 2 is revised. Milk for analysis is to be delivered to the inspector
on his written request instead of his taking it. The clause makmg the
certificate of analysis evidence is omitted. A part of the sample analj^zed
is to i)e kept for tlie defendant. St. 1884, c. 310, §§ 3, 4.

This section is again revised. The assistants as well as the inspectors
may enter and take samples. St. 1885, c. 352, § 4.

Inspeclors appointed under St. 1882, c. 263, are given authority under
this section. St. 1885, c. 352, § 5.

The inspectors may appoint collectors with power to take samples.
They may take samples in all cases, instead of only when they have
reason to believe the milk adulterated. They must on request give a por-
tion of the sample to the person from whom it is taken. The provision

514 Public Statutes.

that the certificate of analysis shall be evidence is stricken out. St. 1886,
0.318, §1.

A refusal or neglect to deliver a portion of the sample makes any analy-
sis or test incompetent. St. 1886, c. 318, § 3.

Making, using or having a counterfeit of the inspector's seal, or tamper-
ing with samples, is punished. St. 1886, c. 318, § 4.

Sect. 5. Milk not of good standard quality is added to the kinds which
ma}' not be sold. St. 1880, c. 318, § 2.

Sect. 7. The mark must be in uncoudensed Gothic letters. St. 1885,
c. 352, § 7.

Such skimmed must have at least nine and three-tenths per cent, of milk
solids exclusive of fat. St. 1885, c. 352, § 8.

Sect. 8. Obstructing inspectors is made an offence. St. 1884, c. 310,
§ 5.

Sect. 9. The milk must also contain not less than nine and three-tenths
per cejit. of milk solids exclusive of fat. St. 1885, c. 352, § 6.

Milk of good standard qualit}' is defined, and the necessary percentages
of solid matter fixed. St. 1886, c. 318, § 2.

Sect. 12, regulating the number of quarts that a milk can shall hold is
repealed. St. 1885, c. 145.

The wilful defacing and misuse of milk cans is punished. St. 1885,
c. 133.

CHAPTER 58.

OF THE INSPECTION AND SALE OF PROVISIONS AND ANIMALS
INTENDED FOR SLAUGHTER.

No poultr}', except it be alive, shall be sold or exposed for sale until
properly dressed. This act does not apply to green geese or green ducks,
nor to certain broiler chickens. St. 1883, c. 230.

The adulteration of an}- drug or article of food is punished. Adultera-
tion is defined. St. 1882, c. 263.

" Food " and " drug" are defined. St. 1886, c. 171.

The annual expenditure for the enforcement of the adulteration act may
be not over ten thousand dollars. An annual report bv the state board is
required. St. 1884, c. 280, §§ 1, 2.

The adulteration act does not apply to mixtures recognized as ordinary
articles of food, nor to drugs where the standaid has been raised, nor to
cases where an inferior article is ordered or the difference is known to the
purchaser. St. 1884, c. 289, §§ 5, 7.

A part of the sample provided must be furnished to the defendant. St.
1884, c. 289, § 8.

St. 1883, c. 263, is repealed. St. 1884, c. 289, § 6.

CHAPTER 59.

OF THE INSPECTION AND SALE OF CERTAIN OILS.

The preparation, storage and sale of unsafe oils intended to be used for
fuel is forbidden, the person guilty is punished and also made liable fur all

Table of Changes. 515

damages, an'l the oil >s forfeited. A standard test for such oils is estab-
lished. St. 18,S'), c. 98.

Sect. 7, which forbids kerosene to be S'lld for illuminating purposes,
unless iii'ipected, is changed in phrascologv, and a clause added giving
towns and cities [)Ower to regulate its inspection. St. 1882, c. 250.

Sect. 7 and St. 1882, c. 250, are repealed, and a new section substituted
which forbids the selling or keeping for sale of kerosene or petroleum unless
inspected bv an authorized inspector, under a penalty of fine or imprison-
ment or both. St. 1885, c. 122, § 2.

CHAPTER 60.
OF THE INSPECTION AND SALE OF VARIOUS ARTICLES.

Sect. 17, which provides the mode of issuing licenses to sell com-
mercial fertilizers, is repealed. St. 1883, c. 29.

Sect. 20. A crate of cranberries containing thirty-two quarts, level
measure, is made a legal measure, and all barrels or crates must be branded
or marked " Massachusetts standard measure." Whoever so brands or
marks an}- barrel or crate of less capacity is punished St. 1884, c. 161.

Sects. 69-71. The adulteration of vineaar is forbidden, and its purity
regulated. The act is to be enforced bv the inspectors of milk. St. 1884,
C.307.

Artificial coloring matter is made an adulteration and the per cent, of
acetic acid is reduced from five to four and one-half per cent., and that
of cider A'inegar solids is increased from one and one-half to two per cent.
St. 1885, c. r50.

Sect. 69. Vinegar not made exclusivel}' of apple cider, or into which
foreign substances have been introduced, may not be sold, held with intent
to sell or exposed for sale as cider vine<iar. St. 1883, c. 257, § 1 ; St. 1884,
c. 307, § 1.

Sect. 71. Compensation may be provided for the inspector of vinegar,
or he mav recover a reasonable compensation for his services. St. 1883,
c. 257, §"2.

Cities or towns may pay inspectors of vinegar appointed under St. 1880,
c. 113. St. 1884, c. 163.

Sect. 82. Coal in amuunts less than five hundred pounds must be sold
in measures of the dimensions prescribed, and any person who uses, or has
with the intention to use, any other measure, is punished. St. 1883,
c. 218.

The baskets and measures provided by St. 1883, c. 218, must be stamped
with their capacity bj* the sealer of weights and measures, and the coal
must be delivered in them. St. 1884, c. 70.

CHAPTER 61.

OF THE INSPECTION OF GAS AND GAS METERS.

In the construction of this chapter gas compan}' includes any person
owning or operating works for the manufacture or sale of gas for heating
or illuminating purposes. St. 1886, c. 346, § 7.

516 Public Statutes.

A board of gas commissioners is established to wliom tl)e gas companies
are to report and who have power to hear complaints and make orders with
regard to the qiialit}- and price of gas. St. 1885, c. 314.

The place where their books shall be kept "and their form is regulated.
Thej may be compelled to furnish gas. St. 1886, c. 346, §§1, 2, 5.

Sects. 11, 12. The meter must be easily read and not confuse or deceive
the consumer, and no rent for it can be charged where the consumer pays
seven dollars per year for gas. St. 1886, c. 340, § 6.

Sects. 13, 14. Gas for pur[)oses other than lighting need not be in-
spected under these sections. St. 1885, c. 240.

Sect. 14. An inspection is to be made for everj- six million feet of gas,
instead of every four million. St. 1886, c. 250.

CHAPTER 65.
OF WEIGHTS AND MEASURES.

Sect. 8. Sealers of weights and measures are to be appointed in cities
by the ma^-or and aldermen, and not b}' the city council. St. 1882, c. 42.

Sect. 21. Unlawful vveiglits and measures may be seized. Possession
is made prima facie evidence of unlawful intent, and the person having
them is punished. St. 1883, c. 225.

CHAPTER 67.
OF AUCTIONEERS.

Sect. 1. Auctioneers must have resided in the city or town for six
months before their appointment. St. 1886, c. 289.

Sect. 5. The clause forbidding auctioneer to sell his own goods before
sunrise or after sunset is struck out. St. 1886, c. 289.

CHAPTER 67a.
OF THE REGULATION OF PHARMACY.

A board of registration in pharmacy is established. Every person en-
gaged in the business of retailing or dispensing drugs, medicines, chemicals
or poisons, or compounding them for sale, must be registered. The busi-
ness of retailing, com[)Ounding for sale and dispensing for medical pur-
poses drugs, medicines, chemicals or poisons, is regulated. St. 1885,
c. 313.

CHAPTER 68.

OF HAWKERS AND PEDDLERS.

Sect. 2. Cities and towns may regulate the sale of any articles per-
mitted to be sold by section 1, by any hawker or peddler, and their authority
is not, as now, limited to the regulation of sales bj' minors, and thej^ may

Table of Changes. 517

Impose penalties not over twenty ilollais, but no fees can be imposed unless
now lawful. St. 1883, c. 1G8.

Skct. 9. The secretary of the Commonwcallh may errant licenses to
persons recommended by the towns or cities, as stated in section 4, who arc
over seventy \ears of age, without any fee. St. 1883, c. 118.

CHAPTER 69.
OF SIIirPIXG AND SEAMEN, HARBORS AND HARBOR-MASTERS.

Sect. 1-13. Transportation for destitute seamen ma}- be furnished at
the expense of the state. St. 1886, c. 179.

Sfxt. 23. The throwing into or depositing in harbors any injurious
materials, is forbidden. The harbor commissioners ma}- forbid injurious
changes on the shores. St. 1884, c. 269.

Sect. 25. Assistant harbor-masters may be appointed as well as harbor-
masters, and shall be subject to their control. St. 1882, c. 216.

Sects. 26, 29, 33. The harbor-master may require vessels to change
their place of anchorage. Masters of tug-boats and pilots must cause ves-
sels in their charge to anchor under his direction. He may recover the
expense of moving them, if not anchored as he requires. St. 1884, c.
173.

Sect. 33. The penalty is made to cover any violation of sections 23
to 32. St. 1884, c. 173.

CHAPTER 70.
OF PILOTS AND PILOTAGE.

Pilots may be appointed, in addition to those now allowed by law', except
for the port of Boston. Where the recommendation of a society is now
required, they shall not be appointed without a certificate from the societ}-,
unless it neglects for three months to pass upon their qualifications.
St. 1882, c. 174.

If a vessel entering Boston harbor passes a line fixed, she is not liable
to pilotage. Si. 1884, c. 2.52, § 1.

Exempt vessels may require a pilot and then shall pay him. St. 1884,
c. 2.52, § 5.

Sect. 27. Whaling vessels outward-bound from New Bedford are
exempt from the pilotage law. St. 1884, c. 213.

Sect. 30. The limit of half fees in Boston harbor is increased from two
hundred to three hundred and fifty tons, and such A-essels are not held for
fees out unless the}' take a pilot. vSt. 1884, c. 252, §§2, 3.

Sect. 32. In the list of vessels exempt from compulsor}' pilotage are
omitted " all single-decked coasting vessels of not more than three hundred
and fifty tons." St. 1884, c. 252. § 4.

Sect. 39. Persons other thau pilots may not assume or continue to act
as such when pilots can be got. St. 1884, c. 252, § 6.

518 Public Statutes.

CHAPTER 72.
OF PUBLIC WAREHOUSES.

Sect. 2. The amount of the bond and its sureties are to be approved by
the governor. St. 1885, c. 167.

Sect. 5. An}- person requesting it may have a non-negotiable receipt
which can only be assigned on the books of the warehouseman. St. 1886,
c. 258.

CHAPTER 74.
OF THE EMPLOYMENT OF LABOR.

A state board of arbitration for the settlement of disputes and differences
between employers and their emploj'ees is created. St. 1886, c. 263.

EmploA'ers must furnish seats for females era])loyed. St. 1882, c. 150.

Manufacturers may sound bells, gongs and whistles as signals to their
workmen, of such size and at such hours as the town or cit}' authorities may
in writing permit. St. 1883, c. 84.

Corporations must pa}' weekly all wages earned up to six days before
such payment. St. 1886, c. 87.

All manufacturers must give the chief of the district police written
notice of any accident by which an employee loses his life or is kept fiom
work for over four days. The chief of the district police keeps a record of
such accidents and includes an abstract in his annual report. St. 1886,
c. 260.

Sect. 4. The ten-hour law is made to apply to manufacturing and mer-
cantile establishments. St. 1883, c. 157.

This section as amended in 1883 shall not apply to mercantile establish-
ments. St. 1884, c 275, § 4.

The employments of minors under eighteen years of age, for more than
sixty hours a week, in mercantile establishments, is forbidden. A certifi-
cate of age, sworn to by the minor and his parent or guardian, is made
prima facie evidence. Printed notices must be posted giving the hours of
labor. St. 1884, c. 275, § § 1, 2, 3.

The notice shall state the time of commencing and stopping work, the
time allowed for starling machiner}- and the time to be taken for dinner. The
form is furnished by the chief of the district police and appruved by the at-
torney-general. St. 1886, c. 90.

CHAPTER 77.

OF MONEY, BILLS OF EXCHANGE, PROMISSORY NOTES AND

CHECKS.

Checks or demand drafts ma}' be paid within ten days after their date
although the drawer in the meantime dies. St. 1885, c. 210, § 1.

Sect. 1. The par of exchange established bv the United States Rev.
St. § 3565, is adopted. St. 1882, c. 110.

Sect. 8. The day following Christmas is made a holiday when Christmas
falls on Sunday. St. 1882, c. 49.

A bou
sorgfliuin

Table of Changes. 519

CHAPTER 11a.
OF THE ENCOURAGEMENT OF AGRICULTURE.

mty of one dollar a ton is given for su;2;ar made from beets or
, under the regulations stated. St. 1883, c. 189.

CHAPTER 79.
OF THE STATE BOARD OF HEALTH, LUNACY AND CHARITY.

The duties of the state board of healili, lunacy and charity are divided
between a state board of health an,i "the old board now called the state
board of lunacj' and charity. St. 1886, c. 101.

The governor may detail an officer of the district police to assist them in
cases of deserted and unprotected children and of bastardy. St. 1885,
c. 158.

CHAPTER 80.
OF THE PRESERVATION OF THE PUBLIC HEALTH.

Sect. .3. Vacancies in boards of health in towns, where no provision is
made by special statute, shall be filled by the selectmen and board of
health acting jointly. St. 1885, c. 307.

Sect. 60. Persons boarding an illegitimate child under one year old
must give notice to the overseers of the poor. The parent or parents must,
•when required, give satisfactory security f tr the maintenance of such child,
and make true answers to all questions as to its residence, parentage and
place of settlement. St. 1882, c. 270, § 3.

Sect. 79. The local board of health must, within twenty-four hours,
notify the state board of cases of small-pox, or it forfeits the claim of the
town to reimbursement. St. 1883, c. 138.

Sects. 78, 79. Householders and physicians must report cases of
diphtheria and scarlet fever, in addition to small-pox and other diseases
dangerous to the public health, as before provided, and records of such
reports shall be kept on blanks furnished by the State. Rooms and articles
are to be disinfected to the approval of the board of health. St. 1884,
c. 98.

Sect 88. The appellant from an order as to offensive trades must apply
for his jury to the court in llie county where the premises are ; not, as now,
where the order is made. St. 1883, c. 133.

Sect. 96, Bathing in ponds used for the domestic water supply of cities
or towns is forbidden. St. 1884, c. 172.

The supreme judicial or superior court may, upon the application of a
city or town, enjoin violations of this section. St. 1884, c. 154, § 1.

Sects. 98, 99, 100, giving the state board supervision of sources of water
supplv, and power to make orders ctmcerning them, are repealed. St. 1884,
c. 154, § 2.

The state board of health are given the general oversight of all inland
waters with reference to their purity and pollution. All cities, towns and

520 Public Statutes.

others must give them notice of their plans in rehition to water snpi)ly and
disposal of drainage. They may make examinations, experiments and
plans, and shall report to the General Court and recommend legislation.
iSt. 188G, c. 214.

The state board of health may, on complaint, after hearing forbid the
sale of impure ice, St. 1886, c. 287.

CHAPTER 82.
OF CEMETERIES AND BURIALS.

Corporations for the cremation of the dead are authorized and cremation
is regnlated. St. 1885, c. 265.

Sect. 3. The present section is repealed and a new section is enacted
which more fully defines the rights of the widow and children to the posses-
sion, care and control of the burial lot. St 1885, c. 302,

Sect. 6. Conveyances of burial lots recorded by the corporation owning
the cemeter}', require no other record. St. 1883, c. 142.

Sect. 17, Towns and cities may receive funds for the care and improve-
ment of burial places, public or private, and of lots therein. St, 1884,
c. 186.

Sect. 19. This section is redrawn. They may close an}' tomb, burial
ground, cemetery or other place of burial. St. 1885, c. 278.

Sect, 24, On appeal from such order closing a burial place, the jury
must find, in addition to the finding now required, that the clusing thereof
was not necessary for the protection of the public health, St, 1885,
c, 278, § 2.

Sects. 25-28. These sections, providing for the closing of tombs in
cities b}' the city council are repealed. St. 1885, c, 278, § 3.

CHAPTER 84.
OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

Sect. 2. No recently insane person can be detained in an almshouse or
elsewhere b}' the overseers of the poor without remedial treatment.
St. 1886, 0, 319, § 3,

Sect, 6, Not only the kindred of the pauper but the pauper himself is
iable for expenses incurred fur him. St, 1882, c, 113.

Sect. 21. Destitute and deserted children may- be placed in St. Mary's
Infant Asylum, as well as in the Massachusetts Infant Asylum. St. 1883,
c, 232.

CHAPTER 85.
OF THE MAINTENANCE OF BASTARD CHILDREN.

Sect, 1, The complaint ma_y be made to and the warrant be issued by
the cleik of the courts named, as well as b}' the courts themselves,
St, 1885, c. 289.

Table of Changes. 521

CHAPTER 86.
OF ALIEN PASSENGERS AND STATE PAUPERS.

Sect. L3. The jirpsent board is abolished and a new one for both the
abnshouse and workhouse is established and regidated. It may transfer
inmates. St. L'^84, c. 297.

Skcts. 1G. 11). The same person may be superintendent and resident
physician. St. 1883, c. 278.

Skct. 25. The notice in case of persons too sick to be removed must be
signed by the overseers of the poor, or some person appointed by them,
and must ceitify to the facts after personal examination. St. 1885, c. 211.

Skct. 26. The bills must be endorsed with a distinct declaration that
the amount cliarged for has been paid from the town or city treasury.
St. 1885. c. 211.

Sect. 31. The expense is to be paid only when written notice has been
given to the state board ^'ithin sixty days Irom the time when the aid was
first given. St. 1885, c. 211.

Sect. 2-:^ is repealed, and jirovision is made that idiots may be sent to the
School for the Foelile-Minded. The trustees there may receive them or send
them home, or to the state almshouse, or to the place of their settlement.
St. 1883, c. 239, §§ 5, 6, 7.

Sect. 37. Persons not sentenced, inmates, who abscond or escape, and
within one year are found soliciting public charit}', are punished. Pro-
vision is macle for complaints against them and as to what courts shall have
jurisdiction. St. 1884, c. 258.

Sect. 46. The age until which children who are state paupers may be
placed bv the state board in private families is raised from two to three
years. St. 1882, c. 181, § 1.

Section 46, as amended, applies to St. Mary's Infant Asylum, but indigent
and neglected infants without settlement are to be committed to the state
board of health, which board shall provide for them as they judge best for
each child. St. 1883, c. 232, § 3.

CHAPTER 87.
OF LUNACY AND INSTITUTIONS FOR LUNATICS.

Persons subject to dipsomania or habitual drunkenness, but not other-
wise of bad character or repute, may be committed to the state lunatic
hospitals until recovery, or until their confinement is no longer necessary
for the safety of the public or their own welfare. St. 1885, c. 339.

Sect. 2. A new hospital is established at Westborough under homoeo-
pathic treatment. St. 1884, c. 322.

Sect. 4. The number of the trustees of the state lunatic hospitals is
increased from five to seven, and five shall be men and two women.
St. 1884, c. 149.

Sect, 7. An educated female physician is to be appointed for each state
lunatic hospital. St. 1884, c. 116.

522 Public Statutes.

Sects. 11, 12. Farther provisions are made for the commitment of in-
sane, as to the form of tlie order of commitment and the custody of insane
persons who are discharged uncured. St. 1886, c. 319.

^ Sects. 20-46. Provision is made for asyUims for tlie chronic insane in
cities of over fifty thousand inliabitants. They are subject to the control
of the state board, who may send patients there from state asylums or
remove them. St. 1884, c. 234.

Sect. 34. The support of insane persons sentenced to the state prison,
or accused of felony and committed by order of court, is paid by the state.
St. 1883, c. 148.

Sect. 37. The punishment of persons leaving the almshouse and beg-
ging is increased. St. 1884, c. 258, § 1.

Sects. 38-45. Insane persons of the chronic and quiet class may be
placed at board in families. Those who are boarded at state expense must
be visited at least once in three months, and those boarded at the expense
of towns and cities at least once in six months. They may be removed to
the hospitals, if not properly treated and cared for. St. 1885, c. 385.

Sect. 40. The trustees of the state hospitals and of the Massachusetts
General Hospital may confer on their superintendents power to discharge
patients after notice to the person who signed the petition for commitment.
The superintendents may allow any inmate to be taken away by his friends
for a period of not over "sixty days. St. 1883, c. 78.

Sects. 46 et seq. No person insane for less than twelve months can be
detained in an almshouse or other place by the overseei's of the poor without
remedial treatment, but must have the opportunity of treatment at a hos-
pital or asylum. St. 1886, c. 319, § 3.

Sect. 55. The name of the Massachusetts School for Idiotic and Feeble-
Minded Youth is changed to the Massachusetts School for the Feeble-
Minded. St. 1883, c. 239, § 1.

Sect. 56. The mode of committing to the school is regulated. (See
c. 86, § 28.) The powers of the trustees are increased and the payments
for the support of patients are provided for, and the recovery of the expense
of such support in case of paupers. Scholars may be received from other
states or provinces. The trustees may discharge patients or send them
home or to the place of their settlement, or to the state almshouse, or allow
them to be absent on visits of not over tliree montlis. St. 1883, c. 239.

Sects. 55. 56. Applicants for the admission of pupils or idiots to the
School for the Feeble-Mi tided must give notice to the mayor or selectmen,
and prove the giving of it to the judge, St. 1884, c. 88.

Sect. 55 et seq. The Massachusetts School for the Feeble-lNIinded is
regulated and the laws relating to it are revised. St. 1886, c. 298.

CHAPTER 88.

OF THE STATE WORKHOUSE.

Sect. 1. The present board is abolished and a new board for both the
almshouse and workhouse is established and regulated. It ma^' transfer
inmates. St. 1884, c. 297.

Table of Changes. 523

The location of the workhouse is changed from Bridgewater to West-
borough. St. 1883, c. 279.

Sect. 8. Persons not sentenced Avho escape and are within one .year
found soliciting charity are punished. Special provision is made for their
prosecution. St. 1^84, c. 258.

CHAPTER 89.

OF THE STATE PRIMARY AND REFORM SCHOOLS; AND THE VISITA-
TION AND REFORMATION OF JUVENILE OFFENDERS.

Sect. 3. Provision is made for the care and maintenance of pauper
children, between the ages of three and sixteen, at the state primar\' school,
when they have no settlement. St. 1882, c. 181, § 2.

Sect. 8 et seq. The state reform school is hereafter to be known as the
Lyman School for Boys. St. 1884. c. 323, § § 1, 2.

The trustees are authorized to purchase more land and erect buildings.
St. 1885, c. 151.

Sect. 8. A temporary place of detention is provided for a part of the
inmates of the Lyman School for Boys. St. 1885, c. 86.

Sect. 18. Before a warrant can issue for the arrest of any child under
twelve, a summons to him must issue. If he fails to appear, then a
warrant. St. 1882, c. 127.

Sects. 18, 23, 24. No bo}' shall be committed to the Lyman School for
Bo3*s, if over fifteen. If error is made in his age, the sentence may be
revised. St. 1884, c. 323, § 3.

Sect. 20. The last clauses of this section, providing for notice to the
board of lunacy and charity, are so changed that notice is given only when
the judge would, upon conviction, send the child to a public institution or
to the custody of that board, and notice to the mayor or selectmen is no
longer required. St. 1883, c. 110.

Sect. 21. A child under twelve years of age must be committed, in
default of bail, to the custody of the state board of lunacy and charity,
except in cases of otfences punishable by imprisonment for life or of truanc}'.
St. 1882, c. 127.

Sect. 23. No bo}- over fifteen years of age can be sent to the reform
school at VVestborough. St. 1884, c. 255, § 11.

Sects. 26-29. No child under twelve years of age can be punished by
confinement in a jail, house of correction, the house of industry in Boston,
or at the state workhouse, except for crimes punishable by imprisonment
for life or for truancy. St. 1882, c. 127.

CHAPTER 90.

OF CONTAGIOUS DISEASES AMONG CATTLE, HORSES AND OTHER

DOMESTIC ANIMALS.

Sect. 3. Animals affected with glanders or farcy are excepted from
this section, and are to be killed without appraisement, but the owner may
be paid for killing and burying them. St. 1885, c. 148, § 3.

524 Public Statutes.

Sect. 9. Whoever has knowled^je of the existence of a contagious
disease among any species of domestic animals must forthwith give notice
or he is i)unished. This notice must then be given to the board of cattle
commissioners. St. 1885, c. 148.

Sect. 12. The cattle commissioners are appointed for three years, one
going out each year. Members are removable, and the commissions of
the whole board may be terminated by the governor and council. Their
compensation is raised from four to five dollars per day. St. 1885, c. 378.

Sect. 22. The commissioners, in the necessary discharge of their duties,
may administer oaths. St. 1885, c. 148, § 4.

Sect. 29. The cattle commissioners are to investigate the disease among
cattle known as abortion. St. 1884, c. 232.

CHAPTER 91.
OF INLAND FISHERIES AND KELP.

The provision for leasing great ponds is repealed. St. 1885, c. 109.

A penalty is imposed on persons taking, without the owner's consent,
fish or lobsters cauiiht in nets, etc., or wilfullj' interfering with such nets,
etc. St. 1882, c. 53.

Striped bass or bluefish are protected in Edgartown. St. 1882, c. 65.
Repealed. St. 1885, c. 247.

The catching of bluefish in Vineyard Sound is regulated. St. 1885, c. 193.

Bluefish are protected in the waters of Vineyard Sound. St. 1886, c. 202.

Fishing with seines or nets is regulated in the waters of Edgartown and
Cottage City. St. 1886. c. 234.

Fishing near Brandt Island, in Mattapoisett (St. 1884, c. 214, § 2), and
in Mashpee and Barnstable, is regulated. St. 1884, c. 264.

Sects. 10-24. With certain exceptions nets may not be used in ponds.
St. 1884, c. 318.

Sect. 16. District attorneys shall institute proceedings against lessees
who fail to comply with their leases on the application of the mayor or
selectmen or often citizens. St. 1886, c. 248.

Sect. 17. The commissioners cannot occupy ponds which have been
forfeited by the lessees. St. 1886, c. 248.

Sects. 32, 33,. Taking alewives in the county of Dukes county is regu-
lated, and a penalt}' and forfeiture is imposed, amending the statute next
below. St. 1884, c. 245.

The lessees of Great Pond and Job's Neck Pond, in Edgartown, are
allowed to take smelts and alewives at all seasons, but no other person may
take any other fish but eels. St. 1882, c. 102.

Sect. 36 is changed to allow nets or seines to be used in the Merrimack
River, below the Essex Merrimack Bridge, after June 20. St. 1882, c. 166.

The size of the mesh in the seine is limited. St. 1884, c. 317.

The commissioners may issue licenses to take the protected fish in the
tidal waters of the Merrimack River and its tributaries, but shall charge no
fee therefor. St. 1883, c. 121.

Table of Changes. 525

Sects. 3G-39. Shiners, for bait, ma}- be caught with seines in the Mcrri-
mat'k Ixivcr, in November and December, except near lishways, other Osh
being returned to tlie water. St. 18S3, c. 31.

Skct. 41. The North River, in Plymonth county, is excepted from this
section, and fishing tliere is regulated. St. 1884, c. 19!).

Sects. 51-53. The open time for tiout, land-locked salmon and lake
trout is extended from the first of October to April, to from the first of
September to April. St. 1884, c. 171.

Sect. 79. Fisheries in Buzzard's Bay are regulated. St. 1886, c. 192.

Sects. 81, 82, which regulate the catching of lobsters, are amended l)y
reducing the time from " June 20 to September 20," to the month of Jul}-,
and changing " lobster " to "■ female lol)stcr bearing eggs." St. 1882, c. 98.

Sect. 84. The possession of a lobster under the legal size is punished,
the words "with intent to sell" being stricken out. Mutilation affecting
the length is jyinia facie evidence that the lob.ster is under the legal size.
The conunissioners of inland fisheries, with the assistance of the district
police, have power to enforce the law. St. 1884, c. 212.

The fish commissioners, either personally or b}- deputy, and the district
police, detailed for that purpose, may search suspected places for, seize and
remove lobsters taken, held or offered for sale illegaUy! St. 1885, c. 256.

Sects. 97-107. Oyster licenses may be granted for any waters where
there are no natural 03-ster beds. St. 1884, c. 284.

Sects. 97-101. The granting of licenses to plant, grow and dig o^'sters
is resnlated, and their revocation is provided fur. St. 1885, c. 220
§ § 172.

Interference with licensed oyster beds is punished. St. 1885, c. 220, § 5.

Sect. 97. Ovster licenses are limited to ten 3'ears instead of twenty.
St. 1884, c. 284.

Licenses can be held onlv by inhabitants of the town and are only assign-
able with the consent of the authorities. St. 1886, c. 299, § 1.

Sect. 100. The hours are extended to an hour after sunset and before
sunrise. St. 1886, c. 299. § 2.

Sects. 97 et seq. The forfeiture under section 100 is extended to all vio-
lations of the law. St. 1886, c. 299, § 3.

Sect. 102. The taking of scallops is regulated. St. 1885, c. 220,
§§3,4.

Constables may be designated to enforce the laws relating to sl]ell fish-
eries, with authority to arrest without warrant, and seize vessels and
implements, which shall be forfeited. St. 1885, c. 220, § 6.

CHAPTER 92.
OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS

The owner of land may post notices forbidding shooting and trapping,
and it shall then be unlawful to enter it for those purposes. Game arU-
ficially propagated on land where shooting or trapping is forbidden belon^j-s
to the land-owner. St. 1884, c. 308, § 2. "

Sect. 3. Wild ducks and fowl are protected in certain ponds. St. 1884
c.282.

526 Public Statutes.

Sect. 6. English sparrows are no longer protected. The mayor or
selectmen ma}- give certificates allowing the killing of birds for scientific
purposes. St. 1883, c. 36.

Sect. 8. The time during which deer ma}' be taken is changed from the
month of November to lour days in each week in November, and the
penalty is modified. St. 1882, c. 199, § 1.

The killing of deer, except tame deer on the owner's grounds, is forbid-
den in Pi^^mouth and Barnstable counties. St. 1883, c. 169.

Sect. 10 is amended, so that the possession of a deer, except in
November, is prima facie evidence of a violation of the law. St. 1882,
c. 199, § 2.

Shooting wild fowl from boats in the waters and around Nantucket is for-
bidden. St. 1886, c. 246.

Chap. 92 is repealed and a substitute is passed. St. 1886, c. 276.

CHAPTER 94.
OF TIMBER AFLOAT OR CAST ON SHORE.

The Connecticut Eiver Lumber Company is authorized to construct a
boom in the river. St. 1882, c. 274.

Sect. 5, which lorbids the driving of logs, except in rafts, in the
Connecticut River, is limited to the river below ihe entrance of the Chicopee
River ; but the Connecticut River Lumber Company must pay damage to
owners of ferries and pleasure boats above. St. 1882, c. 274.

St. 1882, c. 274, is repealed, and section 5 of this chapter is amended.
St. 1883, c. 183.

The county commissioners of Franklin, Hampden and Hampshire, within
their respective counties, ma}' regulate the floating of timber on the Connec-
ticut River above the Chicopee River, and require persons doing it to
protect dams, bridges and boats. St. 1883, c. 183.

CHAPTER 97.
OF WRECKS AND SHIPVVRECKE'D GOODS.

Provision is made for the removal of wrecks and unauthorized structures
in the navigable waters of the Commonwealth. St. 1883, c. 260.

Sect. 1. The bond of the commissioner runs to the treasurer instead
of the judge of probate, and provision is made for the discharge of the
sureties. St, 1885, c. 341.

Sect. 2. If the goods are less in value than one hundred dollars, he
may act. St. 1885, c. 341, §§ 1, 2, 3.

Sects. 11, 12, 14. New provision is made for the sale of perishable
goods and the keeping of other goods and for his accounting for the pro-
ceeds to the treasurer. St. 1885, c. 341.

Table of Changes. 527

CHAPTER 98.
OF THE OBSERVANCE OF THE LORD'S DAY.

The provisions relating to the oi)servance of the Lord's da}' shall not be
a defence to actions for torts or injuries sntfered by a person on that day.
8t. 1884. c. 37.

Sect. 2. Bakers ma}' sell food during certain hours on the Lord's day.
St. 1886, c. 82.

CHAPTER 99.
OF GAMING.

Sect. 8 is revisod and extended to persons present in an}' such place
engaged in any such business or employment. St. 1885, c. 342.

Sect. 10. The penalty is extended to those present at a gambling house
as well as to those playing. St. 1883, c. 120.

CHAPTER 100.
OF INTOXICATING LIQUORS.

No case for the violation of the liquor laws shall be disposed of except
bv trial and judgment unless the presiding judge on affidavits orders it.
St. 1885, c. 351i.

Sect. 5. Licenses on the first three classes cannot be granted in anj''
place on the same street within four hundred feet of a public school. St.
1882, c. 220.

Applications may be received, investigated and acted upon in March or
April and granted in April. St. 1883, c. 93.

A recount of the ballots on the question of license may be had in cities
under the provisic-ns of St. 1885, c. 299, §§ 22-26. St. 1885, c. 262.

In Boston licenses are to be signed by the police commissioners. St.
1885, c. 84.

Sect. 5. The material, size, style and form of the ballots is regulated.
St 1886, c. 49.

Sect. 6. The publication of the notice of application for licenses in
Charlestown, P^ast Boston, South Boston, Roxbur}', West Roxbur}', Dor-
chester and Brighton districts, must be in one weekly paper in the district
as well as in the daily papers in Boston. St. 1882, c. 222.

Applications may be advertised in March or April. St. 1883, c. 93.

Sect. 9. Common victuallers must close between twelve and five in the
morning. St. 1882, c. 242.

The sale of intoxicating liquor is forbidden after elcA^en o'clock instead of
twelve. St. 18H5, c. 90.

The fourth condition of the license is extended to forbid sales or deliv-
eries to persons known to have been supported, in whole or in part, by
public charity within twelve months before the date of the license. St.
1884, e. 158.

528 Public Statutes.

No common victualler or innkeeper having a license to sell intoxicating
liquors, may sell, give awa3- or deliver such liquors on the da}- of any national,
municipal or annual town election in his town or city. (St. 1885, c. 216.

Sect. 12. To provisions forbidding any screen to prevent a view of the
business, is added "■ or a view of the interior of said premises," and such
screen or obstruction makes the license itself void. St. 1882, c. 259.

Sect. 13. Each suret}' offered on the bond given to obtain a license
must make affidavit that he is worth ^2,000 above all lialiilities, and shall
designate enough property to meet the bond. This altidavit is filed with
the bond. St. "l 882, c 2.59.

Sect. IS. Common victuallers who keep open during the foi-bidden hours
come within the fines and forfeitures of this section. St. 1882, c. 242. ■

Sect. 25. This section, which forbids sales after notice, applies to
sales b}' druggists and apothecaries except on prescriptions of ph3-si-
cians. Tlie mayor of a city or any one of tlie selectmen of a town
may give the notice, and then sue in his own name, but for tlie benefit of
husband, wife, child, parent or guardian of the person. St. 1885, c. 282.

Shot. 29. The assayer of liquors is now required to anal3'ze liquors sent
to him by officers, and the forms of application and certilicate are given.
Tampering with the samples is punished. His certificate is evidence. The
court may order analysis b}- other chemists. St. 1882, c. 221.

The salarv of the inspector and assayer of liquors is to be paid monthly'
instead of quarterly. St. 1885, c. 224.

The salary of the inspector and assayer of liquors is raised from $500
to SI, 000. St. 188G, c. 175.

Sect. 30. A search warrant for liquor may be issued b}* a justice of the
peace authorized to issue warrants in criminal cases. St. 1884, c. 191.

CHAPTER 102.
OF LICENSES AND MUNICIPAL RLGULATIONS OF POLICE.

Sect. 12. The liability of innholders is still farther limited. St. 1885,
c. 358.

Sect. 13. The penalty for fraudulently' procuring entertainment at inns
is extended to boarding houses. A cop^" of this section must be posted up.
St. 1883, c. 187.

Tlie maximum fine for fraudulently procuring entertainment at an inn is
reduced from one hundred to fift\- dollars. St. 1884. c. 1G9.

Sect. 33. Articles of personal apparel shall not be deemed to be of a
perishal)le nature for purposes of sale by pawnbrokers. St. 1884, c. 324.

Sects. 33-36. Persons engaged in the business of loaning money, or its
equivalent, in sums of less than one humlred dollars, on household goods,
wearing apparel or articles of personal use or ornament, or on pledges or
mortgages of such property, it being delivered to them, are subject to these
sections. St. 1885, c. 252.

Sect. 54. Cities and towns may regulate the sale or use of toy pistols,
toy cannon, and all articles in which explosives are used. St. 1882, c. 272.

Table of Changes. 529

Fire-arms or dangerous weapons may not be sold or furnished to minors
under fifteen years of age. St. 1884, c. 76.

Sect. 56. Any one storing, or keeping for sale, gunpowder over one
pound in amount, must at once give notice to the chief engineer, or, in
Boston, to the board of fire commissioners, of the amount and place in the
building. St. 1882, c. 269.

Sect. 75. Towns and cities may regulate the inspection of kerosene and
petroleum. St. 1885, c. 122, § 1.

Sect. 80. A dog which becomes three months old after the thirtieth day
of April must be licensed. St. 1885, c. 292.

Tlie keeping of bloodhounds and other like dogs is forbidden. St. 1886,
c. 340.

Sect. 84. The clerks must pay over the money received from dog
licenses on the first da3's of June and December, instead of the first day of
December. St. 1886, c. 259.

Sect. 86. In case of a transfer of a dog license, it must be recorded
again if the dog is kept in the city or town thirty days. St. 1884, c. 185.

Sect. 98. The certificate as lo damages is to be returned to the county
treasurer instead of the county commissioners. The treasurer transmits it
to the commissioners. The}' must act upon it within thirty days instead of
during the month of December. The date of payment is changed from the
first Wednesday of January to the first day of July. St. 1886, c. 259.

Sects. 115-127. Provision is made for licensing skating rinks. Persons
keeping unlicensed rinks are punished and oflficers mav enter them to enforce
the laAvs. St. 1885, c. 196.

Sect. 124. The fee for licenses of pawnbrokers, etc., is made payable to
the board issuing the license, instead of to the clerk and the words " not
less than " are put before the sum to be paid. St. 1882, c. 258.

Sects. 124, 126, 127. Groves used for picnics and other amusements
must be licensed in towns or cities which accept this act. St. 1885,
c. 309.

CHAPTER 103.

OF THE DISTRICT AND OTHER POLICE.

SsCT. 1. The governor ma}- appoint four more district police officers,
but the whole number shall not exceed twent}'. St. 1885, c. 131.

District police need no longer be examined by a judge. St. 1884, c. 190.

St. 1884, c. 190, is repealed, and candidates for the district police need
not be examined by, or under the direction of, a justice of the superior
court. St. 1885, c. 186.

Sect. 10. It is made the duty of the inspectors of buildings to enforce
sections 16, 17, 18 of chapter 104 of the Public Statutes, as well as sections
13-15 and 19-22, except where there are special officers for the purpose.
If the}' neglect their duty, they are to be discharged. These sections relate
to fire escapes. St. 1882, c. 266, §§ 4, 5, 6.

Sect. 15. Railroad police shall be sworn and hold office until their
appointment is revoked by the mayor and aldermen or selectmen, instead
of during pleasure. St. 1883, c. 65.

530 Public Statutes.

CHAPTER 104.
OF THE INSPECTION OF BUILDINGS.

No wooden flue for heating or ventilating shall be used in any building
over two stories in height, and occupied wholly or in part as a churcli,
school, liotel, theatre or other place of public assembly. 8t. 18S5, c. 326.

Sects. 13-24. The inspectors may require in a manufacturing e&tab-
lishraent run b}" steam that communication shall be provided between
each room and the engineer's room. St. 1886, c. 173.

Sect. 14, relating to hoistuays, elevators, etc., in factories, is extended
to mercantile and public buildings. Safety appliances to the elevators in
event of accident to the hoisting machineiy are also required. St. 1882,
c. 208.

The inspectors of buildings may forbid the use of elevators for passengers
or freight which are unsafe, ancl ma^' post a notice to that effect, which
must not be removed. St. 1883, c. 173.

Secis. 15, 16, 17, 18. Fire escapes are required in hotels, lodging
houses or boarding houses above a fixed size, and such buildings must have
watchmen, lights in the halls, gongs and notices describing the means of
escape. Factories must also have fire escapes if more than forty persons
are employed. The municipal authorities may require further precautions.
St. 1883, c. 251.

Certain approved appliances are allowed in the place of one watchman.
St. 1884, c. 223, § 1.

These sections apply to family hotels. St. 1884, c. 223, § 2.

Sect. 15. regulating fire escapes, is, made to apply to manufacturing es-
tablishments as well as to factories ; and cities ma}'' make it apply to all
buildings three stories or more in height. St. 1882, c. 266, § 1.

Sect. 19. No inside or outside door of any building where operatives
are employed shall be fastened during working hours, and the irjspectors
of factories must enforce this law. St. 1884, c. 52.

Sect, 20. Every tenement or lodging house three stories in height
must have a fire escape approved by the inspectors. St. 1882, c. 266, § 2.

Sect. 22. The penalty is changed fiom a forfeiture to a fine and made
to cover sections 13 to 21 inclusive, instead of 13, 14, 15, 19, 20, 21. The
pel son to whom notice of recjuired changes is to be given is defined. St.
1882, c. 266, § 3.

Sect. 23. The authority of inspectors under sections 13 to 21 does not
extend to Boston or other cities where there aie officers speciallv appointed.
St. 1882, c. 266, § 4.

Sect. 24, which requires the discharge of officers not attending to their
duties, is made to apply to sections 16, 17, 18. St. 1882, c. 266, § 5.

chaptp:r 105.

of certain towers, duties and liabilities of corpo-
RATIONS.

Foreign corporations, except insurance companies doing business here,
must appoint the commissioner agent to receive service in suits, and must
make return of their charters and capital. St. 1884, c. 330.

Table of Ciiaxges. 531

Skct. •24. No record is neccssav}- to the transfer of stock. St. 1S84,
c. 220.

8i:cT. 42. The clause limiting the time within wliich a receiver of a cor-
poration may be appointed is stricken out. St. 1884, c. 203.

CHAPTER lOG.
OF MANUFACTURING AND OTHER CORPORATIONS.

Corporations created under this chapter ma}- issue special stock to be
held b\- their employees onl}-. St. 1886. c. 209.

Sects, o, 4, 61. An}- corporation governed by these sections may alter
its business under section 51. St. 1885, c. 310.

Sect. 10. Ten or more persons may form a corporation to examine and
guarantee the titles of real estate. Regulations for the business are estab-
lished. St. 1884, c. 180.

The formation of corporations for the purpose of cremating the bodies of
the dead is authorized and such cremation is regulated. St. 1885, c. 265.

Sects. 11,52, 75. These sections are extended to corporations for the
making, selling and distributing gas for heating, cooking, chemical and
mechanical purposes. The gas need not be inspected under chapter 61,
§§ 13, 14. The gas cannot be used for domestic purposes unless con-
nected with a chimney or flue. St. 1885, c. 240.

Sect. 75. Where a gas company exists in active operation, no other
comi)any or person shall dig up and open the streets, lanes and highways,
for the purpose of laying gas pipes therein without the consent of the mayor
and aldermen or selectmen, after a public hearing. An appeal lies to the
gas commissioners. St. 1885, c. 314, §§ 10, 16.

Sect. 75 et seq. The issue of bonds is regulated. No gas company can
transfer its franchise, lease its works or contract with others to carry on its
business. St. 1886, c. 340, § § 5, 6.

CHAPTER 109.

OF COMPANIES FOR THE TRANSMISSION OF INTELLIGENCE BY

ELECTRICITY.

This chapter, except sections 16 and 18, shall also apply to lines for elec-
tric light. St. 1883, c. 221.

Sect. 4. Provision is made for damages to abutters on roads used for
wires. St. 1884, c. 306.

Sect. 10. Telephone companies must furnish telephones, telephone ser-
vice and connections to all individuals and corporations without discrimi-
nation. Courts of equity may enforce this statute. St. 1885, c. 267.

Telegraph comi)anies are made responsible for all damages caused by
their negligence in the transmission of messages to the amount of one hun-
dred dollars, but this does not apply to railroad telegraphs transacting a
public business only as incidental thereto. St. 1885, c. 380.

Sect. 15. Wires must not be put up without the landowner's consent.
The name of the owner of the wire must be put on the posts, etc. St. 1884,
c. 302.

532 Public Statutes.

CHAPTER 112.
OF RAILROAD CORPORATIONS AND RAILROADS.

Sect. 10. The salary of the clerk of the railroad commissioners is raised
from 82,000 to 82,600. St. 1885. c. 119.

The salaries of the railroad commissioners and their clerk and accountant
are to be paid monthl}' instead of quarterl}'. St. 1885, c. 224.

Sects. 10, 11. The sum which may be allowed to the accountant is
increased from $2,000 to $2,500. St. 1885, c. 164.

Sects. 17, 127. 169. . The commissioners are given power to regulate the
occupation of street crossings, and to direct changes in tracks for that pur-
pose and the supreme court maj' enforce their orders. St. 1885, c. 110.

Sect. 34. Organization, under the general law, cannot be made unhss
the railroad commissioners grant a certificate that public necessity- and con-
venience requiie the construction of the road. St. 1882, c. 265, § 1.

Sect. 38. No steam railroad can be located within three miles of the
state house without the consent of the railroad commissioners, and of the
mayor and aldermen or selectmen of the city or town in which a location is
sought. St. 1882, c. 265, § 4.

Sect. 44. The proceedings are void unless the certificate of incorpora-
tion is issued within one year from the time when the route is fixed. St.
1882, c. 265, § 2.

Sects. 58, 59, 60. Street railways using the cable system may increase
their capital under these sections. St. 1886, c. 337, § 3.

Sect. 62. The stockholders may before Ma}' 13, 1883, ratify' any notes
or bonds not approved or certified as required in this section. St. 1883, c. 7.

Sects. 62-73. A purchaser under a valid foreclosure and his grantees
and successors have the same powers and duties as the original corporation.
St. 1886, c. 142.

Sect. 91. To the purposes for which land outside the location maj- be
taken is added, the construction of one or more tracks. The assent of the
city or town is required where public highways, buildings, parks or ceme-
teries are to be taken. St. 1884, c. 134.

Sect. 115. The power to exempt railroads from the dutj' to fence is
transferred from the county commissioners to the railroad commissioners.
Proceedings to revoke sucli exemptions are regulated. St. 1882, c. 162.

Sect. 127. The commissioners are given power to regulate the occupa-
tion of street crossings, and to direct changes in tracks for that purpose,
and the supreme court may enforce their orders. St. 1885, c. 110.

Sects. 129-134. The betterment act is extended to alterations of wa3S
at railroad crossings. St. 1884, c. 280.

Sec"". 129. An appeal from the decision of the count}' commissioners as
to crossings of highways and railroads and as to private crossings ma}' be
taken })y any person aggrieved by their decision or neglect to decide for
sixty days. The proceedings are regulated. St. 1882, c. 135.

The county commissioners may, also, on the petition of twenty legal
voters of the count}-, assume jurisdiction as to grade crossings of railroads
and highways. Notice is provided for. The order cannot be made if the
expense will exceed $3,000. Their order may be annulled if the expense
exceeds 86,000. St. 1885, c. 194, § 1.

Table op Changes. 533

III Boston the railroad commissioners have jurisdiction under this section
either on petition of the mavor and aldermen or of the directors of the com-
pany. St. 1885, c. i:)4, § 2.

No appeal shall hereafter be allowed from decisions or orders of the
county commissioners under this section, except in proceedings pending.
St. 1885, c. 11)4. § 6.

Sect. 130. This section is amended by adding "or otherwise," so that
the latter part shall read, "and all damages occasioned by such taking or
otherwise shall be assessed." St. 1885, c. 194, § 3.

Sect. 131. " Or" is changed to " and," and the commission may direct
which party shall pay the expenses, and it may apportion them between the
railroad and the town, cit^^ or county in which the crossing is, and other
towns and cities within the county specially interested. St. 1885, c. 194, § 4.

Sect. 132. The hearing nee(l not be in term time. St. 1885, c. 194, § 5.

Sect. 139. The clause forbidding branches within eight miles of the
state house is stricken out. St. 1884, c. 279.

Sect. 159. Frogs, switches and guard rails must beJ)locked to the sat-
isfaction of the railroad commissioners. St. 1886, c. 120.

Sect. 161. Provision is made for interlocking or automatic signals at
railroad crossings, and for the expense of their maintenance. St. 1885,
c. 85.

Sect. 163, The commissioners may forbid or regulate locomotive whis-
tles at highway crossings. St. 1885, c. 334.

Sect. 166. The railroad commissioners, as well as the town or city
authorities, may require gates or flags at crossings. St. 1883, c. 117.

Sect. 169. The commissioners are given power to regulate the occupa-
tion of street cr.;ssings and to direct changes in tracks for that purpose, and
the supreme court may enforce their orders. St. 1885, c. 110.

Sect. 170. Locomotive boilers must be tested. St. 1882, c. 73.

Safety couplers are required on freight cars. St. 1884, c.'222.

An examination and test of safety couplers for freight cars is to be made
every two years. St. 1886, c. 242.

Sect. 171. In addition to the tools which each train must now cany,
each car of every passenger train must have two sets of tools, safeguards
against fire, and such other appliances as the railroad commissioners
require. St. 1882, c. 54.

Sect. 179. The requirement of an examination for color blindness every
two years is repealed. St. 1883, c. 125.

Sect. 180. Allows railroads to establish tolls and fares, but they are
forbidden to give undue or unreasonable preferences. St. 1882, cc. 94, 225.

Only ten cents extra can be charged where fare is paid on the cars, and
a check must be given redeemable in ten davs, all under a penalty. St.
1883, c. 32.

Sect. 202. The offence of interfering with electric signals is enlarged by
omitting the word, "electric." St. 1884, c. 5.

Sect. 205. Unlawfully using, removing or tampering with the tools
required to be carried on passenger trains, is punished. St. 1882, c. 54, § 2.

Sect. 212. If an employee, in the exercise of due care, is killed, under
such circumstances that he could have maintained an action for damages if

534 Public Statutes.

death had not resulted, the corporation shall be liable as if he had not
been an employee. St. 1883. c. 243.

An action of tort may be brought against street railway corporations for
loss of life instead of an indictment. St. 1886, c. 140.

CHAPTER 113.
OF STREET RAILWAY COMPANIES.

This chapter applies to roads using the cable system. St. 1886, c. 337,
§ 4.

Sect. 39. They ma^^ be allowed to use the cable system. St. 1886,
c. 337.

CHAPTER 115.

OF ASSOCIATIONS FOR CHARITABLE, EDUCATIONAL AND OTHER

PURPOSES.

No association formed for medical purposes under this chapter can confer
degrees, and officers attempting to do so are punished. St. 1883, c. 268.

Sect. 2. Relief societies may be formed by the employees of railroads
and steamboat companies. They are subject to the supervision of the rail-
road commissioners. St. 1882. c. 244.

Railroad corporations ma}' join these relief societies. The funds of such
societies are not attachable on trustee process or otherwise. St. 1886,
c. 125.

Corporations organized under this chapter may provide for weekly or
other pa3'raents to members in need, and establish rates. St. 1882, c. 195.

Sects. 3, 4, 5. Corporations for life and casualty' insurance on the
assessment plan may be formed. St. 1885, c. 183, § 2.

Sect. 8. Such cor[)oratious maj' accumulate funds to assist the widows,
orphans or other relatives of deceased members, or an}' person dependent
on them. St. 1882, c. 195, § 2.

Sect. 11, which provides for the returns of benefit societies, is amended
to cover societies making pa3'ments for disabilities, and to make the returns
more definite. St. 1882, c. 195, § 3.

No such society can re-insure in or transfer its policies to an}' society not
authorized to do business here. St. 1882, c. 195, § 4.

CHAPTER 116.
OF SAVINGS BANKS AND INSTITUTIONS FOR SAVING.

Receivers at the end of one year from their fin;il settlement must deposit
all books and papers with the commissioners. St. 1882, c. 77.

The books and papers of insolvent savings banks may be stored in the
Commonwealth building. St. 1884, c 72.

Sect. 2. The part relating to clerical assistance ($1,600 per annum)
is repealed, and the salary of the first clerk fixed at $1,300 and the extra
clerk at $700. St. 1882, c. 148.

Table of Chaxges. 535

The salary- of the comniissioners of savings banks is raised from $2,800
to 83,000, and the first clerk is given .$l,r)00, and the second clerk $900,
instead of a general allowance of $1,600 for clerk hire. St. 1880, c. 2.52.

Sk.ct. 14. Treasurers must give new bonds every five years. St. 1886,
c. 9o.

Sect. 16. Notice of special meetings must be given, both by publica-
tion and b}' mailing notices, instead of in either mode, as at present.
St. 1884. c. 150.

Sect. 19. A savings bank may otd}- receive or pav deposits at their
banking house, which must be where the bank is established. St. 1884, c.
253.

Sect. 20. The limit of authorized investments is extended. St. 1882,
c. 231 ; St. 1883. c 134; St. 1885, cc. Ill, 124, 348; St. 1886, c. 176.

"Net indel)tedness" is to be computed, excluding water loans and
crediting sinking funds. St. 1883. c. 127.

Oul.y a sum equal to thirty-five per cent, of the deposits can be invested
or held as collateral in stocks of banks, and if more is now held it must be
reduced to that amount before July 1, 1885. St. 1883, c. 202.

Sect. 20, CI. 4. The amount of the stock of any one bank which can be
held as an investment or as collateral security is limited to three per cent.
of the deposits. St. 1882, c. 224.

Savings banks may not deposit more than five per cent, of their total
deposits in any one bank or trust company, nor exceeding twentj'-five

ger cent, of the capital stock and surplus of such bank or trust company,
t. 1886, c. 95.

Sect. 20, CI. 6. The amount which savings banks may lend on personal
security to any person, firm or corporation is limited. St. 1884, c. 168.

Such securities are to be paid witliin the year. St. 1886, c. 69.

Sect. 20, CI. 8. Tiie time fur the sale of real estate now held by fore-
closure is extended. St. 1882, c. 200.

One year more is given with power for the bank commissioners to grant
two years additional time. St. 1883, c. 52.

The time for the sale of real estate held by foreclosure or taken on exe-
cution is extended to July 1, 1888, and the bank commissioners may grant
still further time. St. 1886, c 77.

Sects. 13, 21, 22. 23. The names' of the board of investment must be
published twice a year. St. 1882, c. 50.

Sect. 29. Savings bank orders may be paid when presented within
thirty days after their date, although the dep )sitor has in tlie mean time
died, and at any time after, provided the bank has not had actual notifce of
his death. St. 1885, c. 210, § 2.

Sect. 44 is repealed and new provision is made f<n- paying unclaimed
dividends into the treasury. Claims for such dividends may be made within
two years. St. 1883. c. 258.

The liraitati(m of two years is repealed. Parties file their claim and
evidence with the auditor. St. 1886. c. 300.

53G Public Statutes.

CHAPTER 117.
OF CO-OPERATIVE SAVINGS FUND AND LOAN ASSOCIATIONS.

Sect. 3. The words " co-operative savings fund and loan association"
are changed to " co-operative bank " in the statute and in the names of all
associations existing or future. St. 1883, c. 98.

Sect. .5. Co-operative banks must provide a guaranty fund. St. 1885,
c. 121, § 2.

Sect. 6. The offices of secretary and treasurer of a co-operative bank
may be held by one ptrson. St. 1885, c. 121, § 1.

Sect. 8. The mode of withdrawing or retiring shares is determined and
their value. St. 1882, c 251, § 1.

Sect. 10. Before paying off matured shares, arrears and fines are to be
deducted. St. 1882, c. 251, § 1.

In lending money the bids may be a rate of interest not less than five
per cent, instead of a premium. St. 1882, c- 251, § 2.

Sect. 1G is amended b}' providing that the share of a member six montlis
in arrears may be declared forfeited. He is then given credit for the with-
drawing value of his share and tlie balance is enforced against his security.
St. 1882, c. 251, § 1.

CHAPTER 119.
OF INSURANCE COMPANIES AND INSURANCE.

Provision is made for insurance against tempests. St. 1883. c. 33, § 4.

The formation of mutual fiie insurance companies with a subscription
fund is autliorized and regulated. St. 1885, c. 354.

Companies to guaranty' the fidelity of persons' and to act as sureties on
bonds are authorized and regulated. St. 1884, e. 296.

And to examine and guaranty the titles of real estate. St. 1884, c. 180.

Foreign fidelity insurance companies, when admiited to do business here,
have the same powers and privileges as companies formed under St. 1884,
c. 296. They may be sureties on probate bonds. St. 1885, c. 241.

Sect. 4. The salary of tlie first clerk is raised from $1,800 to $2,000 ;
the extra clerk is made third clerk at $1,200, instead of $1,000; and the
limit of expense for other assistants is raised from $7,000 to $8,000. St.
1886, c. 187.

Sect. 6. In addition to the commissioner or his deputy', the first clerk,
under the direction of the commissioner, is authorized to examine domestic
companies. St. 1883, c. 235.

Sect. 11. In computing the amount required for reinsurance, instead of
taking the full amount of all marine risks, sixty per cent, is taken on 3'early
risks and those covering more than one voyage. St. 1883, c. 126.

Fire, marine or inland insurance companies, with a capital not exceeding
two hundred thousand dollars, shall compute reinsurance at fift}' per cent,
of outstanding premiums on inland business, and at one hundred per cent,
on all ocean mnrine premiums. St. 1884, c. 178.

Sect. 21. The money or relief to be paid by companies incorporated

Table of Changes. 537

under this act and doins; life or casualty insurance on the assessment plan
is not attachable. St. 1885, c. 183, § 11.

Sects. 2C)-29. Domestic marine insurance companies may insure against
fire or lightning on adding to their capital the minimum amount required for
such business. St. 1884, c. 177.

Sect. 29. The minimum capital required for fire, marine and inland
business is fixed at two hundred thousand dollars in all cases. No foreign
company' shall be allowed to do other than a fire business unless its capital
shall be three hundred thousand dollars or more. St. 1884, c. 178.

Sect. 38. The benefit provided by corporations under this act is not
held for debts or liabilities of the insured or beneficiary. St. 1885, c. 183,
§ 11.

Sect. 46. Insurance companies may invest their capital in any invest-
ments in which savings banks ma}- invest their deposits. St. 1885, c. 308.

Sects. 51, 79. Insurance companies may provide for dividing their
directors into two, three or four classes to hold office those numbers of
years. St. 1884, c. 74.

Sect. 88. Mutual companies insuring manufacturing property onl}' and
those having a guaranty- capital only ma}" also insure in Canada. St. 1886,
c. 222.

Sect. 133, which limits the risks to be taken in towns and districts, is
modified. St. 1833, c. 33, § 2.

Sects. 141 et seq. Discrimination on account of color is forbidden. St.
1884, c. 235.

Sect. 145. Life and casualty insurance on the assessment plan is reg-
ulated. St. 1885, c. 183.

Sect. 156. The securities deposited with the state treasurer to comply
with the laws of other states under this section may be returned. St.
1884, c. 119.

Sect. 157. The fee for valuing life insurance policies is reduced from
one cent to five mills on each thousand dollars. St. 1884, c. 55.

Sect. 167. The benefit provided by companies formed under this act
cannot be held for debts or liabilities of policy or certificate holders or
beneficiaries. St. 1885, c. 183, § 11.

Sect. 173. This section is repealed and unclaimed dividends are paid
into the treasury. Claims for such dividends may be made within two
years. St. 1883, c. 258.

The limitation of time is repealed. Claims and evidence may be filed
with the auditor. St. 1886, c. 300.

Receivers at the end of one year from the final settlement must deposit
all books and papers with the insurance commissioner. St. 1883, e. 33, § 5.

Sects. 178-195. Reinsurance in companies not authorized to insure here
is forbidden. St. 1883, c. 33, § 1 ; St. 1884, c. 120.

Sect. 185. False or fraudulent statements or representations by any
solicitor, agent or examining physician, are made misdemeanors and pun-
ished when made with reference to insurance under this act. St. 1885,
c. 183, § 12.

Sects. 200, 224. In certain cases where a sufficient amount of insur-
ance cannot be procured in companies admitted to do business here, persons

538 Public Statutes.

may be licensed to procure insurance in companies not admitted. St. 1885,
c. 300.

Sect. 218. Provision is made for willidrawing tlie deposit made b_y for-
eign insurance companies, when all claims are satisfied, and for changing
its investment and for enforcing in equitv the trust on which it is held. St.
1883, c. 107.

Sect. 227. The commissioner is to furnish, in December, blanks for
the returns. St 1883, c. 33, § 3.

The time for filing the annual statement mav be extended for cause to
February 15. St. 1884, c. 217.

Sects. 227, 228. Foreign fire "insurance companies are not obliged to
return their foreign business and assets, but if they do not, they may not
announce them under penalt}' of revocation of their license. St. 188-1,
c. 58.

CHAPTER 124.

OF THE RirrHTS OF A HUSBAND IN THE REAL ESTATE OF HIS DE-
CEASED WIFE, AND THE RIGHTS OF A WIFE IN THAT OF HER
DECEASED HUSBAND.

Sect. 1. The words " If his wife does not otherwise provide by her
will," are stricken out. St. 1885, c. 255, § 2.

CHAPTER 125.

OF THE DESCENT OF REAL ESTATE.

Sect. 4. The property of an illegitimate child descends to his relatives
through his mother, if she is dead. St, 1882, c. 132.

CHAPTER 126.

GENERAL PROVISIONS CONCERNING REAL ESTATE.

Sects. 5, 6, A conveyance to a husband and wife no longer creates an
estate in joint tenancy without express words. St. 1885, c. 237.

CHAPTER 130.
OF THE APPOINTMENT OF ADMINISTRATORS.

Sect. 1. Administration may l)e granted to one or more of the next of
kin when the widow and all the other next of l«in resident here and of age
consent. Notice may be dispensed with. St. 1885, c. 260.

Sects. 2, 8. Administrators may be allowed to give a bond without
sureties as executors are under chap. 129, § 8. St. 1885, c. 274.

Sect. 4 is amended so that if anj' property or claim or right thereto be-
longs or accrues to such estate after twentj^ 3-ears original administration
may be granted on it. St. 1885, c. 242.

Sects. 10-17. A special administrator by leave of the probate court,
may pay the expenses of the executor in proving the will. St. 1884, c. 291.

Table of Changes. 539

CHAPTER 131.

OF PUBLIC ADMINISTRATORS.

Sect. 18. Claims uiitler this section are limited to one year after Ihe
moiie}' is deposited. St. 1883, c. 264.

CHAPTER 134.

OF SALES AND MORTGAGES OF REAL ESTATE BY EXECUTORS AND

ADMLNTSTRATORS.

Executors and administrators ma}' be licensed to sell at private sale.
St. 1886, c. 137.

CHAPTER 135.

OF ALLOWANCES TO WIDOWS AND CHILDREN AND OF THE DIS-
TRIBUTION OF THE ESTATES OF INTESTATES.

Sect. 3, CI. 3. The husband, instead of the whole, is given one-half of
the personal estate of his deceased wife. St. 1882, c. 141.

Sect. 3, CI. 5. If the intestate leaves a widow and no kindred, the
widow shall be entitled to the whole of the residue. St. 1885, c. 276.

CHAPTER 139.

OF GUARDIANSHIPS.

Sects. 1-3. The Boston Cliildren's Friend Society may be appointed
the guardian of minors. St. 1885, c. 362.

CHAPTER 140.

OF SALES AND MORTGAGES OF REAL ESTATE BY GUARDLANS.

Sect. 18. The right to license guardians to sell at private s;.le is no
longer limited to undivided interests. St. 1885, c. 258.

CHAPTER 143.

GENERAL PROVISIONS RELATIVE TO BONDS OF EXECUTORS, AD-
MINISTRATORS, GUARDIANS AND TRUSTEES.

Sect. 1. Foreign fidelitv insurance companies may be sureties on pro-
bate bonds. St. 1885, c. 241.

Companies may be formed to act as sureties on probate bonds. St. 1884,
c. 296.

5i0 Public Statutes.

CHAPTER 144.

OF THE ACCOUNTS AND SETTLEMENTS OF EXECUTORS, ADMINIS-
TRATORS, GUARDIANS AND TRUSTEES.

Sect. 7. Moue}' paid with the approval of the judge to an}- person or
corporation for becoming surety on the bond may be allowed. St. 1886,
c. 233.

Sect. 1G. Legacies due to persons whose residence is unknown ma}' be
ordered to be deposited under this section. St. 1885, c. 376.

CHAPTER 145.

OF MARRIAGE.

Jurisdiction of petitions for nullity is given if the libellant has resided
here for five years next preceding the filing of the libel unless he removed
here for the purpose. St. 1886, c. 36.

CHAPTER 146.
OF DIVORCE.

Statistics as to libels of divorce must be furnished by the clerks of the
courts to the secretar}' of state, who prepares abstracts and tables for the
legislature. St. 1882, c. 194.

Sect. 1. Divorce may be decreed for absence which would raise a pre-
sumption of death. St. 1884, c. 219.

Sect. 19. The application for final decrees is to be made, without further
notice, to the court, or a justice of it, instead of the clerk, St. 1882, c. 223.

Sect. 42. Procuring or assisting in procuring an}' fraudulent divorce or
divorce out of the State for one who is a resident is punished. St. 1886,
c. 342.

CHAPTER 147.
OF CERTAIN RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.

A wife shall have the right of interment in any lot or tomb which her
husband owned during coverture, unless she has released it. St. 1883,
c. 262.

Sects. 1,6. A married woman living separate b}' decree may devise or
convey her property free from all rights in her husband. St. 1884, c. 301 ;
St. 1885, c. 255.

Sect. 3. The words " a husband and wife shall not transfer property to
each other" are so changed that the chapter shall not "■ authorize" such
transfer. The change applies to all transfers made since the enactment of
the Public Statutes. St. 1884, c. 132.

Sect. 6. Where it has been established bj' decree that a married woman
is deserted or living apart from her husband for justifiable cause, her will
cuts off his rights. St. 1885, e. 255.

Sect. 16 et seq. Provision is made for the release of curtesj' b}' the
guardian of an insane husband. St. 1886, c. 245.

Tabt,e or Changes. 541

CHAPTER 148.

OF THE ADOPTION OF CHILDREN AND THE CHANGE OF NAMES.

Sects. 11-14. A list of all names clianjicd bj' special act or under the
General or Public Statutes is to be published and distributed. St. 1884,
c. 249.

CHAPTER 150.

OF THE SUPREME JUDICIAL COURT.

Sect. 2. CI. 11. Double costs and interest at twelve per cent, may be
giA'eii for frivolous appeals or exceptions on the motion of the other party
or without it. St. 1883, c. 223, § 15.

Sects. 21, 22, 23. 25. The provisions for special terras for capital cases
are repealed. St. 1886, c. 339.

Sect. 31 . The law term for Worcester is hei*eafter to be held on the third
Mondav after the second Tuesdav of September instead of on the third
Tuesday. St. 1885, c. 48.

Sect. 39. Justices of the supreme court, after ten 3-ears service and
attaining seventv 3'ears of age, may retire on three-fourlhs of the salar}'.
St. 1885, c. 162".

CHAPTER 151.

OF THE SUPREME JUDICIAL COURT; EQUITY JURISDICTION.

Sect. 2, CI. 11. The provisions for reaching the property of debtors are
extended. The debt ma}' be less than one hundred dollars. The interest
of a pnrtner may be reached. St. 1884, c. 285.

Sect. 7. The forms in equity- are established. Suits in equity may be
brought where transitory' actions now are. No action shall be defeated
because the form ouiiht to be law instead ofequit}', or vice versa. St. 1883,
c. 223, § § 10, 13, 17.

CHAPTER 152.
OF THE SUPERIOR COURT.

Sect. 1. There shall be eleven associate justices instead of ten in the
superior court. St. 1886, c. 31.

Sect. 2. The salary of the chief justice is raised from ^4,800 to S5,300,
and that of the other justices from $4,500 to $5,000. St. 1882. c. 205.

Sect. 4. General equit}' jurisdiction is given and the practice in cquilv
is regulated. St. 1883, c. 223.

The return day of process is to be computed from the service and not
from the date. St. 1884, c. 316.

Sect. 8. The affidavit and request for removal ma}' be filed within thirty
days after the day for appearance. St. 1885, c. 384, § 14.

Sect. 17. The number of criminal terms for Hampden is increased from
two to three. They are to be held on the first Monday' of May. the fouith
Monday of September and the third Monday of December. St. 1885, c. 27.

512 Public Statutes.

Sect. 17. The criminal term in Essex on the second Monday' of May is
changed to the first Monday. St. 1885, c. 191.

Sect. 18. Ttie superior court in Plymouth may be adjourned to Brock-
ton, but no longer to Bridge water. St. 1885, c. 134.

CHAPTER 153.

OF MATTERS COMMON TO THE SUPREME JUDICIAL COURT AND
THE SUPERIOR COURT.

Sects. 10, 13. When disability or death of the justice pi-eA'ents him from
signing bills of exceptions the}' ma}- be proved as if they were disallowed
b}' him. St. 1882, c. 239.

CHAPTER 154.

OF THE POLICE, DISTRICT AND MUNICIPAL COURTS.

Sect. 1. The session of the district court of Hampshire, required by St.
1S82. c. 227, to be at Cummington, is made discretionary with the justice.
St. 1883, c. 75.

The clerk need not attend except at Northampton, but makes his record
from tlie minutes of the judge. St. 1883, c. 80.

Sessions of the district court of Northern Berkshire are established at
Adams. St. 1884, c. 266.

Sect. 2. For the police court of Cambridge is substituted the third dis-
trict court of Eastern Middlesex, including Cambridge, Arlington and
Belmont. The fourth district court of P^astern Midille.sex is established,
including Woburn, Winchester and Burlington. St. 1882, c. 233.

Police courts are established in Marlborough and Brookline. St. 1882,
c. 233.

The district court of Hampshire is established with a district, including
the county. St. 1882, c. 227.

The town of Ilopkinton is taken from the district of the first district
court of Southern Middlesex. St. 1882, c. 169.

The first district court of Northern Worcester is established. St. 1884,
c. 215.

The city of Brockton and the towns of Bridgewater and West Bridge-
water are made a district for the police court of Brockton, with a justice at
a salary of 81,600 and a clerk at S800. The first district court of Plymouth
is abolished and its business is transferred to- the police court of Brockton.
St. 1885, c. 155.

The district cf>urt of Western Hampden is established, including the
towns of AVostficld, Chester, Granville, Southwick, Russell, Blandford,
Tolland and Montgomery. The salary of the judge is $1,200, and of the
clerk S300. St. 1886, c. 190.

The district court of Southern Berkshire is given a clerk at a salary- of
§200. St. 1886, c. 333.

Sects. 4-10. The justices may interchange services as the}' may fiud
convenient. St. 1885, c. 132.

Sect. 5. The police court of Chelsea is given a clerk. St. 1882, c. 617.

Table of Ciiaxges.

543

Aii'l the second district of Eastern Middlesex St. 1883, c. 97.

And the district court of Ilampsiiire. St. 1883, c. 80.

And the municipal court for the Dorchester District. St. 1885, c. 79.

Tlie clerkship of the district court of Southern Berkshire is abolished.
St. 1884, c. 231.

Sect. 11. The criminal jurisdiction of police and district courts is
extended. Provision is made for crimes committed near the line of the dis-
trict. St. 1885, c. 322.

And to cases under chapter 57, relating to the sale and in«:pection of
milk. St. 1885, c. 149.

Sect. 16. This section, which provides that writs from certain courts
may run into other counties, is made to apph' to all distiict, i^olice and
municipal courts. St. 1885, c. 45 ; superseding St. 1884, c. 216, § 5.

Sect. '2o. When no justice is present at a police or district court the
sheriff or his deputj ma}- adjourn it. St. 1884, c. 188.

Sect. 26. Special justices of the district of Hampshire are allowed their
travelling expenses, not exceeding one hundred dollars. St. 1884, c. 205.

Sect. 39. Section 52 of this chapter, requiring a bond instead of a recog-
nizance in the municipal courts of Bostofi, is extended to the other munici-
pal, police and district courts. St. 1882, c. 95.

Sect. 42. The justices of the sevei'al municipal courts of Boston may act
for each other in certain cases. St. 1882, c. 43.

Winthrop is added to the East Boston district. St. 1882, c. 146.

The municipal court of the East Boston district is ab'>lished, and the
East Boston district court substituted ; the town of Winthrop being added
to the district. The new court has a clerk. St. 1886, c. 15.

Sect. 55. Another associate justice is added to the municipal court in
Boston, making three in all. St. 1882, c. 41.

Sect. 58. The clerk of the municipal court in Boston for criminal busi-
ness is paid 81.900, instead of $1,600 to be expended for extra clerical
assistance. St. 1883, c. 47.

A second assistant to the clerk for civil business at a salary of sixteen
hundred dollars per 3'ear may be appointed. St. 1885, c. 42, § 2.

A tifih assistant clerk may be appointed. St. 1885, c. 137.

Sect. 62. An additional session ma}' be held by the special justice when
requested bv-the chief or senior justice, he receiving ten dollars per day
therefor. St. 1885, c. 42.

Sect. 64. The salaries of the justices are increased as follows

From.

To.

Southern Berkshire, 1884, c. 231,

$800

$1,200

Brighton, 1885, 0. 49,

1,200

1,600

Brook] inc, 1882, c. 233

SCO

Brookline, 1884, c. 211

800

1,000

54:4:

Public Statutes.

Justices' Salaries — Concluded.

Dorchester, 1885, c. 79, ...

East Boston, 1882, c. 245 ; 1886, c. 15, .

First Bristol, 1884, c. 220,

First Essex, 1882, c. 245,

Fitchburg, 1882, c. 245,

Western Hampden, 1886, c. 190,

Hampshire, 1882, c. 227,

Haverhill, 1882, c. 245, .

Holyoke, 1886, c. 151, .

Lowell, 1886, c. 307, .

Lynn, 1886, c. 154,

Marlborough, 1882, c. 233,

First Eastern Middlesex, 1882, c. 245 ; 1886, c. 166

Second Eastern Middlesex, 1886, c. 123,

Third Eastern Middlesex, 1882, c. 233,

Fom-th Eastern Middlesex, 1882, c. 233,

Newburyport, 1882, e. 245, .

Somerville, 1882, c. 245,

South Boston, 1882, c. 245, .

West Roxbury, 1883, c. Ill, .

First Eastern Worcester, 1884, c. 208, .

Second Eastern Worcester, 1882, c. 245,

First Northern Worcester, 1884, c. 215,

Third Southern Worcester, 1882, c. 245,

From.
$1,200

1,200

600

1,600

1,000

1,400
1,500
1,800
1,600

1,200
1,200

700

1,200

1,800

1,200

800

1,400

$1,600
1,800
800
1,800
1,200
1,200
2,800
1,800
1,800
2,300
1,800
1,000
1,800
1,500
2,200
1,200
1,200
1,400
2,000
1,600
1,000
1,000
1,200
1,600

The salary of the justice of the district court of Hampshire is reduced
from 62,800 to 82,300, he being given a clerk. St. 1883, c. 75.

Table of Changes.

The salaries of the clerks are increased as follows :

545

Central Berkshire, 1882, c. 245,

Southern Berkshire, 1886, c. 333,

Boston, Civil, 1882, c. 245, .

Boston, Criminal, 1885, c. 137,

Boston, Assistant Criminal, 1885, c. 137,

Chelsea, 1882, c. 176, .

Chelsea, 1884, c. 197, .

Dorchester, 1885, c. 79 ; 1886, c. 124,

East Boston, 1882, c. 245 ; 1886, c. 15,

First Essex, 1882, c. 245,

Fitchburg, 1882, c. 245,

Gloucester, 1883, c. 53, .

Hampshire, 1883, c. 80 ; 1886, c. 106,

Haverhill, 1882, c. 245, .

Holyoke, 1884, c. 65, .

Lowell, 1882, c. 63 ; 1886, c. 307,

Marlborough, 1882, c. 233, .

First Eastern Middlesex, 1882, c. 87 ; 1886, c. 16

Second Eastern Middlesex, 1883, c. 97,

Second Eastern Middlesex, 1885, c. 180,

Third Eastern Middlesex, 1882, c. 233 ; 1886, c. 165,

Fourth Eastern Middlesex, 1882, c. 233,

First Southern Middlesex, 1886, c. 156,

Newburyport, 1882, c. 245, .

Newton, 1886, c. 158, ....

First Plymouth, 1883, c. 57, .

2,250
2,250

800

1,000

500

600

750

1,000

800
400

600
600
500
500

To.

$800

200

3,000

1,400

800

900

1,400

1,300

700

800

1,000

800

1,000

1,800

400

1,300

600

1,400
600
800
701)
700
6(10

5^6

Public Statutes.

Clerks' Salaries — Concluded.

From.

To.

Somei-ville, 1882, c. 245,

$600

$800

South Boston, 1882, c. 245,

1,200

1,400

Springfield, 1886, c. 155,

1,000

1,200

Central Worcester, Assistant, 1882, c. 245, .

800

1,000

Second Eastern Worcester, 1882, c. 245,

400

500

First Northern Worcester, 1884, c. 215,

600

First Northern Worcester, 1885, c. 28G,

600

800

Of the constables :

From.

To.

Boston, Civil (2), 1882, c. 245 ; 1886, c. 130,

$1,000

$1,200

Boston, Criminal (6), 1882, c. 245; 1886, c. 130,

1,200

1,400

Brighton, 1886, c. 148, . . . .

800

1,000

Charlestown, 1886, c. 196,

800

1,000

East Boston, 1882, c. 245,

1,000

1,100

South Boston, 1882, c. 245,

1,000

1,100

Roxbury, 1882, c. 245,

1,000

1,100

West Roxbury, 1886, c. 148,

800

1,000

Sect. 64. The clerk of the fourth district court of Plymouth is allowed
his travelling expenses not exceeding one hundred dollars. St. 1884, c.
204.

Sect. 69. The salary of the messenger of the superior court in Suffolk
is increased from $1,400 to $1,500. St. 1883, c. 54.

CHAPTER 155.
OF JUSTICES OF THE PEACE AND TRIAL JUSTICES.

Sect. 3, which authorizes them to summon witnesses, is redrawn. St.
1885, c. 141.

Sect. 4. The power of justices authorized to issue warrants is modified.
St. 1884, c. 286.

Table oy Changes. 547

Sects. 43-06. Trial justices have the same jurisdiction to sentence male
persons to the Massachusetts Reformatory which district courts have. St.
1885, c. 356.

They shall have jurisdiction of cases under chapter 57 relating to the sale
and inspection of milk. St. 1885, c. 149.

Sect. 49. Trial justices may not commit children under twelve to a jail,
house of correction, house of industry or state workhouse, except for
offences punishable by imprisonment for life. St. 1882, c. 127, § 1.

CHAPTER 156.
OF PROBATE COURTS.

Sects. 22, 23. The probate judge in Suffolk may appoint a constable of
the cit}' of Boston to attend the session and serve orders and precepts.
His salary is $1,200. St. 1884, c. 140.

Sect. 35. In probate cases expenses as well as costs may be awarded.
St. 1884, c. 131.

Sect. 44. The limit of expense of recording probate proceedings in
Suffolk is raised from $1,200 to $2,000. St. 1884, c. 118.

Sect. 48. When the regular term falls on a legal holiday or on election
day it shall be held on the day after, and notices to the regular term shall
be deemed to be then returnable. St. 1884, c. 141.

In Hampden the court day is changed from Tuesday to "Wednesday, and
a court at Springfield is added in November and four days are given to
Holyoke. St. 1884, c. 294.

Four sessions of the probate court in Hampshire are to be held at Ware.
St. 1886, c. 145.

CHAPTER 157.
OF COURTS OF INSOLVENCY.

Provision is made for composition with creditors. It does not applv to
corporations. St. 1884, c. 236.

The pro\isions as to composition with creditors are amended. St. 1885,
c. 353.

Sect. 19. If the schedules by accident or mistake are not delivered
within the three days, they may be afterwards. Delay or omission without
fault of the debtor does not affect his right to a discharge. St. 1886, c. 290.

Sect. 26. Equitable liabilities may be proved. St. 1884, c. 293.

Sect. 80. The delay or omission to deliver the schedule of creditors if
without fault of the debtor does not prevent his discharge. St. 1886, c. 290.

Special judgments may be entered where property is held by attachment,
and if the discharge is not granted or is not seasonably asked for scire
facias may issue for the remainder of the debt. St. 1885, c. 59.

Sect. 84. No debt or claim against a pledge created by an unauthor-
ized sale of the collateral shall be discharged. St. 1885, c. 353, § 6.

54:8 Public Statutes.

Sect. 93 is amended by omitting the clause making the giving of pref-
erences an objection to a discharge. St. 1886, c. 322.

Sect. 102. Accounts of assignees jn insolvency must be sworn to by
the assignees or one of them. St. 1884, c. 126.

Sect. 103. Provision is made for the investment of unclaimed dividends
in the name of the judge. St. 1883, c. 242.

CHAPTER 158.
OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY.

Sect. 23. The salary of the judge in Middlesex is raised from $2,500
to $3,000. St. 1882, c. 129. And to $3,500. St. 1886, c. 184.

In Essex, from $2,500 to $3,000. St. 1883, c. 244. In Bristol, from
$1,800 to $2,000. St. 1885, c. 165. In Worcester, from $2,500 to $3,000.
St. 1885, c. 275. In Dukes county, from $500 to $600. St. 1885, c. 318.
In Suffolk, from $4,000 to $5,000. St. 1885, c. 203. In Plymouth, from
$1,500 to $2,000. St. 1886, c. 183. In Hampden, from $2,000 to $2,500.
St. 1886, c. 189.

Of the judge and register of prol^ate for Berkshire respectivel}", from
$1,200 to $1,000. St. 1884, c. 192.

Of the assistant register in Suffolk, from $1,500 to $2,000. St. 1882,
c. 144.

Of the register in Hampden county, from $1,000 to $1,800. St. 1884,
c. 248.

Sects. 23, 24. A sum not exceeding $1,500 additional is allowed for
clerical assistance in Middlesex county. St. 1885, c. 304.

Sect. 24. In Suffolk the allowance for clerical assistance may be $1,200.
St. 1885, c. 205.

The register in Essex county is allowed a sum not exceeding $1,000 for
clerical assistance. St. 1886, c. 114.

CHAPTER 159.

OF CLERKS, ATTORNEYS AND OTHER OFFICERS OF JUDICIAL

COURTS.

Clerks of the superior court and of the municipal court of Boston may
use a fac-simile of their signatures upon writs, summons, orders of notice
to appear and orders of attachment, except executions. St. 1885, c. 321.

Sect. 31. The salary of the second assistant clerk for civil business is
raised from $2,000 to $2,500. St. 1885, c. 250.

Sect. 34. The provisions relating to the qualification and admission to
practice of attorne3^s-at-law apply to women. St. 1882, c. 139.

Sect. 44. The clause forbidding anj' person to appear as counsel or
attorne}'^ in an}' suit determined by him as judge or trial justice is extended
to any proceeding, civil or criminal. St. 1884, c. 170.

Sect. 50. The compensation of masters and special masters in chancery
and of assessors appointed b}^ the court is paid by the count}'. St. 1883,
c. 216. And also of referees. St. 1886, c. 51.

Table of Changes. 549

Sect. 68. Deputies in attendance on the supreme judicial court in
Suffolk, not exceeding four in number, are paid a salary of $1,400, instead
ol" S4.50 per day and travel. St. 1882, c. 232. This is increased to
$1,700. St. 1886, c. 37.

Skct. 60. Officers attcndinc; the superior court are paid $1,500, instead
of $1,400, as before. St. 1882, c. 245, § 3.

Officers and messengers of the superior court in Suffolk are to be paid
$1,700, instead of $1,400. St. 1886, c. 37.

The superior court may appoint official stenographers in each count}^
except Suffolk. St. 1885, c. 291.

CHAPTER 160.

SPECIAL PROVISIONS RESPECTING COURTS AND THE ADMINISTRA-
TION OF JUSTICE.

Sect. 4. When Christmas falls on Sunday- the da}' following is added to
the da3's on which the courts are not open. St. 1882, c. ID.

Sects. 8-10. The laws as to naturalization are revised and jurisdiction
given to the lower courts. St. 1885, c. 345.

If the applicant for naturalization does not live in the district of any
police, municipal or district court he ma\" apply to the court held nearest to
the town in which he resides. St. 1886, c. 203.

Sect. 9. Primar}' declarations may be filed at any time, and the oath
administered at the time of filing. This section is repealed. St. 1886,
c. 45.

CHAPTER 161.

OF THE COMMENCEMENT OF ACTIONS AND THE SERVICE OF

PROCESS.

Sect. 1. The venue of eqnity suits is the same as that of transitory
actions. St. 1883, c. 223, § 13.

Sect. 10. The motion for removal may be filed within thirty days after
the day for appearance. St. 1885, c. 384, § 14.

Sect. 13. A fac-simile of the clerk's signature ma}' be used on writs
and orders, except executions. St. 1886, c. 13.

Sect. \S et seq. Justices of the supreme or superior courts maj' order
writs or other process to be issued by the clerk of the county where he is
sitting, instead of by the clerk of that in which the cause is pending. St.
1886, c. 223.

Sect. 23. Writs are to be made returnable on the first Monday of each
month, terms being abolished. St. 1884, c. 384, §§ 1, 2.

CHAPTER 163.

OF BAIL.

Sect. 12. The bail are also discharged on paying costs if the principal
dies. St, 1884, c. 260.

550 Public Statutes.

CHAPTER 164.

OF PROCEEDINGS AGAINST ABSENT DEFENDANTS AND UPON
INSUFFICIENT SERVICE.

Sect. 6. When real estate of a non-resident is attached notice must be
given him within one year or the suit must be dismissed. St. 1884, c. 268.

Sect. 7. A default is entered on failure to appear within ten days after
the day specified in the notice. St. 1885, c. 384, § 8.

CHAPTER 167.
OF PLEADING AND PRACTICE.

Terms of the courts are abolished, but sittings shall be held when and
where the terms are now appointed. The courts are always open. Return
days for writs and other process are established on the first Monday of
every month. The practice of the courts is adapted to these changes.
St. 1885, c. 384.

In certain cases in actions at law claimants may be summoned In and
the parties required to interplead. St. 1886, c. 281.

Sect. 9. Instead of the failure to file declaration being a discontinuance,
the action may be dismissed on motion. St. 1885, c. 384, § 6.

Sect. 17. Any matter which would entitle the -defendant in equity to be
absolutely relieved from the plaintiffs claim may be alleged. St. 1883, c.
223, § 14.

Sect. 24. Equitable defences may be relied on in reply to the defend-
ant's answer. St. 1883, c. 223, § 14.

Sects. 46, 47 are repealed. St. 1885, c. 384, § 15.

Sect. 67. When there are two or more shire towns the shire town at
which an action shall be tried may be designated at the term of entry and
then it shall not be tried elsewhere nor costs given for terms held elsewhere.
St. 1882, c. 264.

The parties may agree that an action shall not be tried before a certain
day. St. 1884, c. 304.

Sect. 90. Police courts also ma}' order the defendant to file an answer.
St. 1886, c. 64..

CHAPTER 169.
OF WITNESSES AND EVIDENCE.

Sect. 1. Ever}- clerk of a court of record may issue summonses in all
cases, but a justice of the peace onl}^ in civil cases, unless requested by the
prosecuting officer or the part}' prosecuted, and in the latter case it must be
expressed in the subpoena. St. 1884, c. 247, is repealed. St. 1885, c. 141.

Sects. 7, 8. The board of police commissioners are added to the bodies
which may call witnesses before them, and if they do not attend, the chair-
man may issue a warrant. St. 1882, c. 267.

Justices of the supreme or superior eoui'ts may compel witnesses to ap-
pear before special tribunals which have power to summon but not compel
their attendance. St. 1883, c. 195.

Table of Changes. 551

Sects. 28, 11. Where the adverse party does not appear to defend, no
notice of the taking of depositions and no exhibition of interrogatories is
required. St. 1883, e. 188.

Sect. 54. In case of depositions in perpetaam inemoriam of parties
without the state, the court shall order reasonable notice to non-resident
parties interested. St. 1882, c. 140.

Sect. 70. Copies of the records, books and accounts of savings banks
verified by affidavit are made evidence. St. 1885, c. 92.

CHAPTEE 171.
OF JUDGMENT AND EXECUTION.

New provisions are made as to the time of entering judgment. St. 1885,
c. 384.

Sects. 17, 24. Special judgments in insolvenc}' cases are regulated. A
general execution may be issued or the plaintiff may have scire facias where
the defendant fails to obtain a discharge or unreasonabh' dela3's to prose-
cute the proceedings. St. 1885, c. 59.

Sect. 54. In case of sickness or absence of the officer serving the exe-
cution, he, or the judgment creditor, may delegate another officer to act.
St. 1885, c. 125.

* CHAPTER 172.
OF THE LEVY OF EXECUTION ON REAL ESTATE.

Sect. 30. Execution sales where the sale is restrained may be adjourned
until the further order of the court granting the injunction. On the final
detei'mi nation of the injunction the court ma}' order the sale to proceed and
farther notice to be given. St. 1885, c. 175.

Sect. 49. The right of redemption is extended to lands set off as well
as those sold. St. 1886, c. 86.

CHAPTER 176.

OF PETITIONS FOR THE SETTLEMENT OF TITLE.

After possession for twenty years by the mortgager he may apply to the
supreme court, and if it appears that there has been no act of recognition
during that time, any action is barred. St. 1882, c. 237 ; St- 1885, c. 283.

CHAPTER 178.
OF THE PARTITION OF LAND.

Sect. 13. The affidavit for removal may be filed within thirty days after
the day for appearance. St. 1885, c. 384.

Sect. 51. The notice of the petition is to be published in " such news-
paper or newspapers," instead of in " newspapers." St. 1882, c. 55.

552 Public Statutes.

Sect. 63 is amended as stated in the publislied editions of tlie Public
Statutes. St. 1882, c. 6, § 2.

Sect. 45 et seq. Probate courts may make a partial division setting
off to the petitioner his share and allowing the residue to remain in com-
mon. St. 1885, c. 293.

chaptp:r 181.

OF THE REDEMPTION AND FORECLOSURE OF MORTGAGES.

Sect. 17. The notice of sale under a mortgage of real estate, if there is
no newspaper in the town, may be given in some newspaper in the county.
St. 1882, c. 75.

CHAPTER 183.
OF THE TRUSTEE PROCESS.

Sect. 10. Appearance and answer must be within ten da3's from the
return day of the writ. St. 1885, c. 384, § 9.

Sect. 33. The wages or lay of seamen are not attachable on contracts
hereafter made. St. 1886, c. 194.

Sect'. 34. The funds of railroad relief societies are not liable to trustee
process. St. 1886, c. 125.

Sect. 73. When pending the trustee process the defendant sues the
trustees, the costs in such suit are in the discretion of the court. St. 1883,
c. 62.

CHAPTER 185.

OF HABEAS CORPUS AND PERSONAL REPLEVIN.

Sect. 18 is amended as stated in the published edition of the Public
Statutes. St. 1882, c. 6, § 3.

CHAPTER 187.

OF WRITS OF ERROR AND WRITS OF AND PETITIONS FOR REVIEW.

Sect. 39. A sta^^ of execution may be ordered without security when
the petitioner had no actual knowledge of the action before judgment was
entered. St. 1882, c. 249.

CHAPTER 192.

OF MORTGAGES, CONDITIONAL SALES, PLEDGES AND LIENS ON
PERSONAL PROPERTY.

Sects. 1, 2 are repealed and two new sections are substituted. The new
sections differ in requiring the mortgage to be recorded within fifteen days
from the date written therein. If it must be recorded in two places, the
second record must be within ten days of the first. The niortgage is not

Table of Changes. 553

good cxcc[)t lietwccii the parties until so recorded, and a ri!Cord after tlie
time fixed is void. St. 1883, c. 73.

Si:( T. 13. Conditional sales of furniture or household goods are regu-
lated. St. 1884, c. 313.

Sect. 17. Debts or claims against a pledgee created by an unauthorized
sale of the collateral are not discharged in insolvency. St. 1885, c. 353.

CHAPTER 198.
OF COSTS IN CIVIL ACTIONS.

Sect. 25. Appeals, from taxation of costs by the clerk, if during the
term, shall be heard by the justice before adjournment. St. 1882, c. 235.

Sect. 28. The term fees which are allowed to the prevailing party are
limited. St. 1882, c. 264.

CHAPTER 199.
OF THE FEES OF CERTAIN OFFICERS

Sect. 6. The fees of officers for travel to summon witnesses in criminal
cases under twenty miles are raised. The distance is computed from the
most distant place of service to the place of return. When the officer has
not actually travelled the distance, the court may reduce the amount. St.
1882, c. 215.

Sect. 9. In the service of criminal precepts the officer is allowed fifteen
cents a mile for a horse and carriage if he uses his own, and the sum actu-
all}' expended if he uses those of another, but he must make certificate of
the necessity and the distance and sum paid. St. 1885, c. 254.

Sect. 15. Appraisers may be allowed what is just and reasonable in-
stead of one dollar per da}'. St. 1886, c. 135.

CHAPTER 202.

OF OFFENCES AGAINST THE PERSON.

Sect. 27. The age of consent in case of rape is raised from ten years to
thirteen. St. 1886, c. 305.

CHAPTER 203.
OF OFFENCES AGAINST PROPERTY.

Making false statements of the distance which the person intends to
travel when hiring a horse, or of the distance actually travelled, or refusing
to paj- the hire, is made a crime. St. 1882, c. 236.

Sect. 40. Embezzlement b}^ agents, clerks, etc., is made to cover offi-
cers of voluntar}' associations and societies. St. 1884, c. 174.

Sects. 20, 40. Embezzlement of the propert}- of voluntary associations
is made a crime. The name is enough in the prosecution. St. 1886, c.
328.

554 Public Statutes.

Sect. 56 is extended to agents, clerks, or servants or officers of persons
and firms and to the omission to make a true entry as well as the making a
false entry. St. 1885, c. 223.

Sect. 79. Detaining, without cause, books, etc., taken from public
libraries, is punished. St. 1883, c. 77.

The mutilation of maps, newspapers, magazines, pamphlets and manu-
scripts, is also punished, and to the libraries is added, "incorporated libra-
ries." St. 1883, c. 81.

Sect. 99. A person maj^ by notice, prohibit shooting or trapping on
his land, and game artificially propagated on such land is his. St. 1884, c.
308.

Wilful trespass on lands appurtenant to prisons or houses of correction,
disturbance of such institution or communication with the inmates, is pun-
ished. St. 1885, c. 303.

Sect. 101. Tearing down, removing, or defacing a town meeting war-
rant, list of voters or jurors, or other legal notice, is punished. St. 1883,
c. 156.

Sect. 103. Malicious defacing of milk cans is punished. St. 1885, c.
133.

Sects. 107, 108, 109. The wilful or negligent setting of fires is pun-
ished. St. 1886, c. 296, § 1.

Wantonl}- or recklessly setting fire to any material which causes the de-
struction of growing or standing wood is punished. St. 1882, c. 163.

CHAPTER 205. .

OF OFFENCES AGAINST * PUBLIC JUSTICE.

Commitments for contempt may be made to any jail, and the process may
be served by sheriffs to whom it is directed in other counties as well as his
own. St. 1886, c. 224.

CHAPTER 207.
OF OFFENCES AGAINST CHASTITY, MORALITY AND GOOD ORDER.

The exhibition of persons deformed is forbidden. St. 1884. c. 99.

Sect. 2 is amended so as to cover not onh' the purpose of prostitution
but of unlawful sexual intercourse. Giving drugs or other things for pur-
poses of sexual intercourse, intercourse with idiotic or imbecile women or
girls, and inducing an}' person under eighteen years old to have such un-
lawful intercourse are punished. The owner or person in control of
premises who suffers or induces any girl under the age of twentj'-one to
be upon the premises for the purpose of unlawful intercourse is punished.
The evidence of one witness must be corroborated and prosecutions must
be commenced within one year. St. 1886, c 329.

Sect. 15. The sale or distribution to minors of papers devoted to
criminal news or reports of crime, is forbidden and whoever emplo3^s minors

Table or Changes. 555

or permits them, if under his control, to be employed in such distribution is
punished. St. 1885, c. 305.

StX'T. 2G. The maximum fine for drunkenness is increased from one to
five dollars, and the maximum imprisonment for non-payment from ten days
to thirty days. The count}' commissioners may release persons so. confined.
St. 1885, c'STo.

Sect. 27. Male persons convicted of a third offence of drunkenness may
be sentenced to the reformatory for not less than one year and not more
than two years. St. 1885, c. 365.

Sect. 28. Keeping an}^ place for opium smoking, selling or giving away
opium at such place, or resorting to it to smoke, are punished. St. 1885,
c. 73.

Sects. 29, 42. Rogues, vagabonds, vagrants and others named in these
sections, may be sent to the state workhouse as tramps now are under sec-
tion 38. St. 1884, c. 258.

Male persons committing the offences named in these sections may be
sentenced to the reformatory for not less than one year and not more than
two years. St. 1885, c. 365, § 1.

Sect. 34. Persons disorderly or indecent in speech or behavior on pub-
lic conveyances are punished. St. 1883, c. 102.

The wilful disturbance of persons in a public library or reading-room is
punished. St. 1885, c. 225.

Sect. 69. This section is repealed and a substitute enacted extending
the provisions against discrimination in public places on account of race or
color. St. 1885, c. 316.

CHAPTER 208.
OF OFFENCES AGAINST PUBLIC HEALTH.

The making or selling of any drug or article of food which is adulterated
is punished. Adulteration is defined. Such compounds as are recognized
as ordinary articles of food or drink are exempt if so marked. Provision is
made for analyzing samples. St. 1882, c. 263 ; St. 1884, c. 289 ; St. 1886,
c. 171.

The state board ma}' expend annually in enforcing the laws against adul-
terations not exceeding ten thousand dollars of which three-fifths must be
for enforcing the laws against adulterations of milk. They must report the
prosecutions and an itemized account of the expenditure. St. 1884, c. 289,

§ 1.

The sale or gift of an}' cigarette, snuff or tobacco to persons under sixteen
years of age is forbidden. St. 1886, c. 72.

CHAPTER 209.

OF OFFENCES AGAINST PUBLIC POLICY.

Property shall not be sold or exchanged l)y inducement of any gift. St.
1884, c. 277.

556 Public Statutes.

CHAPTER 212.

OF SEARCH WARRANTS, REWARDS, ARRESTS, EXAMINATION, COM-
MITMENT, BAIL AND PROBATION.

Children under twelve, not accused of offences punishable b}^ imprisonment
for life nor truants, are not to be arrested until they neglect to appear on
summons, nor to be committed in default of bail, nor on sentence. St. 1882,
c. 127.

Sect. 2. Warrants ma}' also issue to search for pool tickets or other
materials unlawfully made, provided or procured for the purpose of bu3-ing
or selling pools. St. 1885, c. 342, § 2.

Sects. 2, 9. Gaming apparatus seized under § 2, cl. 7 is to be sold or
disposed of under § 9. St. 1885, c. 6G.

Sects. 17, 20. Warrants and other criminal process may be directed to
and served b}' any officer in any county. St. 1886, c. 247.

Sect. 26. The court or justice, on adjourning a trial or examination
where the offence is punishable with death or imprisonment for life, ma}'
bind over the government watnesses according to sections 37 to 41 of this
chapter; the fee is twenty cents. St. 1885, c. 136.

Where a trial justice adjourns an examination or trial and then fails to
appear, another justice may complete the proceedings. The records are to
be made up by the justice rendering the final decision. St. 1883, c. 175.

Sect. 51. The latter clause of this section, forbidding justices outside
Suffolk from receiving compensation for taking bail, is repealed. St. 1885,
c. 135.

Sect. 68. The person ordered to recognize may deposit the money with
any officer authorized to take his recognizance, instead of being restricted
to the magistrate or clerk of the court ordering it. St. 1882, c. 134.

Sect. 78. Two additional probation officers may be appointed in Boston.
The requirement that the officers be appointed in May is struck out. St.
1882, c. 125.

CHAPTER 213.

OF INDICTMENTS, PROSECUTIONS, AND PROCEEDINGS BEFORE

TRIAL.

Sect. 17 is extended to cover prosecutions under rules of the civil service
commissioners, of boards of health, and of boards of police or fire commis-
sioners. St. 1885, c. 144.

The form of complaints and indictments on special statutes, ordinances
and by-laws of cities and towns, orders of the ma}'or and aldermen or rules
of any public board, is regulated. St. 1886, c. 53.

So for embezzlements from voluntary associations. St. 1886, c. 328,
§2.

CHAPTER 214.

OF TRIALS AND PROCEEDINGS BEFORE JUDGMENT.

Sect. 1. A list of criminal cases for trial is made compulsory, instead
of discretionary with the court. St, 1884, c, 193,

Tablk of Changes. 557

CHAPTER 215.
OF JUDGMENT AND EXECUTION.

Convicts punishable b}' imprisonment in the house of correction may be
sent to jail instead, and those undergoing sentence nia^^ be removed from
one to tiie other. St. 1882, c. 241.

Sentences to imprisonment for successive terms are allowed. St. 1884,
c. 2G5.

Sect. 18. No child under twelve can be imprfsoned except on charges
punishable by imprisonment for life or for truancy, but must be committed
to the custod}' of the state board of health. St. 1882, c. 127.

CHAPTP:R 218.
OF FUGITIVES FROM JUSTICE AND PARDONS.

Sect. G. Expenses of requisitions are paid by the county unless the
governor orders a part or all to be paid b}' the state, and this section is re^
pealed. St. 1886, c. 267.

Sect. 14. Where the condition of a pardon is broken and the convict is
remanded to serve out the residue of his sentence, if he is then serving
another sentence, his confinement is to begin from the expiration of that.
St. 1882, c. 197.

CHAPTER 219.

OF THE COMMISSIONERS OF PRISONS.

The commissioners may transfer prisoners, except those confined for
capital crimes, to hospitals for surgical treatment. The time of their
sentence runs while there. St. 1882, c. 207.

Sect. 3. The salary of the secretary' of the commissioners of prisons is
raised from S2,000 to $2,500. St. 1886, c. 275.

Sect. 4. They may remove prisoners from jails to houses of correction,
and vice versa. St. 1882, c. 241.

Sect. 6. Vagrants or tramps may also be removed to the state work-
house under this section. St. 1885, c. 35, § 1.

Sect. 17. The number of prisoners who may be employed in certain
occupations is limited. St. 1883, c. 217.

Sects. 26-30. Aid is provided for female prisoners whose cases are dis-
posed of without sentence. St. 1886, c 177.

Sect. 34. The heads of police and others making arrests are required
to make monthly reports. St. 1882, c. 226, § 2.

Sects. 34, 35. The blanks for the returns of criminal business made b}'^
clerks of courts and other officers, under these sections, are furnished by
the commissioners of prisons, who prescribe the form. St. 1882, c. 226,
§ 1.

Sect. 36, prescribing the form, is repealed. St. 1882, e. 226, § 3.

Sect. 39. The sum allowed for clerical assistance of the commissioners
is increased from seven hundred dollars to seventeen hundred dollars. St.
1885, c. 52.

558 Public Statutes.

CHAPTER 220.

OF JAILS AND HOUSES OF CORRECTION.

Sect. 2. The sheriff may remove prisoners at bis discretion between
jails and bouses of correction. St. 1882, c. 241, § 2.

Sect. 30. Tbe requirement of wbitewashing is struck out. St. 188G,

e. 226.

Sect. 40. The number of prisoners who ma}' be employed in certain
trades is limited. St. 1883, c. 217.

Sect. 49. Clerical error corrected. St. 1882, c. G, § 4.

Sect. 50. Escapes from officers who have taken prisoners out to per-
form labor on any public land, are made escapes from prison and punished.
St. 1882, c. 198.

Sects. 66. 68. All the provisions as to persons released under section
G8 are applied to section 66. St. 1884, c. 152, § 4.

Sect. 68. Any violation of permits to be at liberty issued to a prisoner
of itself renders them void, and an order of arrest and recommitment may
issue. The time during which he has been at liberty shall not be taken to
be any part of the term of his sentence. St. 1884, c. 152, §§1, 2.

CHAPTER 221.
OF THE STATE PRISON AND REFORMATORY PRISON FOR WOMEN.

A reformatory for men is estabUshed. St. 1884, cc. 255, 331.

Sentences to the reformatory are not to be for any fixed time. In certain
stated cases the person may be detained two vears, and in all others five
years. St. 1886, c 323.

The prison commissioners may remove any person held under sentence at
the state workhouse to the Massachusetts reformatory. The provisions of
St. 1884, c. 255, apply to such removal. St. 1885, c. 35, § 2.

Trial justices may sentence to the reformatory prison. St. 1885, c. 356.

Persons convicted of drunkenness and vagrancy under chapter 207,
sections 27, 29, 42, may be sent to the reformatory prison. St. 1885, c.
365.

Sect. 1. The state prison is removed from Concord to Boston. St.
1884,0. 255, § 1.

Sect. 6. The number of officers at the state prison is changed; the
turnkeys are reduced from eleven to four ; the watchmen increased from
ten to twenty-three ; the assistant watchmen shall not exceed twenty-three,
instead of fifteen, and no additional watchmen can be employed. St. 1882,
c. 203, § 1.

Sect. 8. The commissioners have no longer any share in the removal of
the warden. St. 1882, c. 203, § 2.

Sect. 11. The compensation of officers, except the warden, chaplain
and physician, is fixed by the warden, subject to the approval of the com-
missioners, but it may not exceed the maximum stated. St. 1882, c. 203,
§ § 3, 4 ; St. 1884, c. 95.

Table of Chaj^"GEs. 559

Sect. 30. Instead of instniction in reading and writing for one lionr,
schools may be maintained for the prisoners. St. 1886, c. 197.

Sect. 43. A burial place for the reformatory prison at Sherborn may be
purchased. St. 1882, c. 213.

Prisoners ma}- be employed on land appurtenant to the prison. Escapes
or attempts to escape from the prison or the land adjacent to the prison,
are punished, and the first district court of Southern Middlesex is given
concurrent jurisdiction of such offence. St. 1885, c. 94.

Sects. 43-53. The duties of schoolmistress at the reformator}' prison
for women are transferred to the chaplain and the office is abolished. St.
1884, c. 43, §§ 1,2.

Sect. 44. The office of treasurer and steward at the reformatory prison
is abolished. St. 1883, c. 267.

Sect. 47. The salary of the deputy- superintendent of the reformatory
prison for women, now S600, is to be fixed by the commissioners of prisons,
but it shall not exceed $800. St. 1884, c. 43, § 2.

Sect. 52. An}- violation of a permit to be at liberty issued to a prisoner,
of itself renders it void, and an order of arrest and recommitment may
issue, and the time during which he has been at liberty shall not be taken
to be any part of the time of his sentence. St. 1884, c. 152, § § 1, 2.

CHAPTER 222.

SPECIAL PROVISIONS CONCERNING PENAL AND OTHER PUBLIC

INSTITUTIONS.

Sect. 10. Any prisoner confined in the Massachusetts Reformatory who
becomes insane, may be removed to one of the state lunatic hospitals, and
on his recover}'^ recommitted to the reformatory. St. 1885, c. 320.

Sect. 17. Where a poor convict has been confined three months for
non-payment of fine or costs, if there is no police or district court in the
county, the jailer shall make a report thereof to a trial justice, who has
authority to hear the matter and discharge him. St. 1882, c. 201.

Sect. 20. Any violation of a permit to be at liberty issued to a prisoner
of itself renders it void, and an order of arrest and recommitment may
issue and the time during which he has been at liberty shall not be taken
to be an}- part of the time of his sentence. St. 1884, c. 152, § 3.

This section providing for records of conduct and deductions from sen-
tences does not applv to persons hereafter sentenced to the reformator}-.
St. 1886, c. 323, § 7.^

Sect. 21. Recommitments are hereafter made b}- the board granting the
permit to be at libert}-, but warrants already issued may be served and the
proceedings under them be completed according to the existing law. If
the person is in prison, the order of remand takes eflfect from the expiration
of his pending sentence. St. 1884, c. 152, § 3.

A TABLE SHOWING THE SUBJECTS OF LEGISLATION SINCE

THE PUBLIC STATUTES, WITH KEFERENCE TO THE

CHAPTERS OF THE PUBLIC STATUTES.

ABSENT DEPENDANTS.

iioiice where real estate is attached, c. 164

ACCIDENTS.

notice of c. 74

ACCOUNTS.

ot assignees to be sworn to ... c. 157
of tines, etc c. 16

ADMINISTRATORS.

apijointnient witliout notice . . . c 130

bond witliuut sureties c. 130

after twenty years c. 130

public funds received from, Iiow
claimed c. 131

ADULTERATION.

of Initier c, S6

of food and drugs, analysis . cc. 58, 208

of milk c. 57

of vinegar c. 60

powers of inspector c. -58

report of state board . . . cc. 58, 208

ADVANCES.

to stale otticers for small expenses,, c. 16

AGRICULTURE, BOARD OF.

allov. ance for clerks c. 20

salary for secretary c. 20

AGRICULTURE.

ex|periiiient station c. 20

ALMSHOUSE.

persons leaving and begging punished,

c. 87

transfer of inmates c. 86

trustees c. 86

ALMSHOUSE, STATE. '

suuermtendent and resident physician,

c. 86
ambulance corps c. 14

ANIMALS.

bee Contagious Diseases.
See Dbek.

ANNUAL FINANCIAL ESTIMATES.

c. 16
APOTHECARY.

See Pharmacy.

APPEALS.

costs on frivolous c. 1.50

from orders of boards of health . c. 80

APPORTIONMENT,
of taxes.

See Taxes.

APPRAISERS.

fees c. 190

ARBITRATION.

state Ijoard of c. 74

ARRESTS.

ofcliiidren c. 212

return of c 219

ASSAYER OF LIQUORS.

duties c. 100

ASSESSMENT.

of voters c. 6

Sec Taxes.
for betterments, notice of . . . . c. 51

ASSESSORS.

Compensation of.

See Masters in Chancery.

ASSESSORS OP TAXES.

oatli of c. 27

over or under valuation punished . c. 27
to return cattle and swine . . . . c. 11
buildings and taxpayers . . . . c. 11
when returns and copies of valuation

books are to be deposited . . c. 11
See Towns and Town Officers.

ASYLUMS.

for chronic insane ...... c. 87

ATTACHMENT.

benefits in assessment insurance com-
panies exempt c. 119

ATTORNEY GENERAL.

assistant c. 17

re[)orts of capital trials c. 17

ATTORNEYS AT LAW.

women may lie c. 159

women who arc, may be authorized to

administer oaths, etc. . . . c. 1.59
cannot be judge in suit which has

been before him c. 159

AUCTIONEERS.

re.'-idence c. 07

time of sale c. 67

562

Subjects of ^N'ew Legislation, 1886.

AUDITOR.

in towns c. 27

report when submitted and abstract, c. 16

salary c. 16

BAIL.

di.scliar,£c'e of c. 163

fees fur taking c. 212

money for c. 212

BAKERS.

feOilnig on Lord's day c. 98

BALLOTS.

detached stickers c. 7

on licence regulated .... cc. 7, 100
recount of, candidates may be present, c. 7

in towns c. 7

registering c. 7

BARBED WIRE FENCES.

agiUust sidewalks torbidtlen . . . c. 54

BASTARD.

descent of lands of c. 125

BASTARDY.

complanit to whom, and warrant by

whom c. 85

BATHING.

ni punas used for water supply for-
bidden c. 80

BENEFICIARY ASSOCIATIONS.
by niinuaaand biciiiiibuatemplu}ecs,

c. 115
general provisions c. 115

BETTERMENTS.

may ue assumed for a release of land

damages c. 51

interest on, liens for c. 51

notice of assessment c. 61

railroad crossings c. 112

BIRDS.

Liiglish sparrows mav be taken or

killed . . . . " c. 92

protection of c 92

BIRTHS.

returns of by physicians and mid-
wives c, 32

BLOODHOUNDS.

iiot to ijc kept c. 102

BLUE BOOK.

iiuiiibt;r lu be printed c. 4

BOARD OF AGRICULTURE.

allowance fur cicrKs C. 20

BOARD OF EDUCATION.

salary ol clerks c. 41

to supervise Perkins Institution,
etc c. 41

BOARDING AND LODGING HOUSES,
procuring entertainment Iraudulcnlly

e. 102
keepers to post notices of laws as to

fraud c. 102

BODIES FOR BURIAL.
tjee liuKiAL.
BONDS.

examination of c. 21

BONDS AND NOTES.

probate, fureign tidelity insurance
companies may be sureties . . c. 143

Sec K.\ILKOADS.

BOUNDARY OF STATE

c. 1
BRIDGES.

fast driving over c. 53

BUILDINGS.

inspection of cc. 103, 104

insnection of elevators and hatch wavs,

'c. 104
inspection of, watchmen, fire escapes,

etc c. 104

unsafe elevators to be placarded . c 104
wooden flues forliidden . . . . c. 104

BUREAU OF STATISTICS OF
LABOR.

clerks c. 32

BUREAU OF STATISTICS.

" ot labor "added c. 4

BURIAL PLACES.

funds for, received by cities or towns,

c. 82
BURIAL.

permits to bury or remove bodies . c. 32

BURIAL LOT.

01 busliand, rights of widow and chil-
dren in cc. 82, 144

BUTTER.

adulterated, how marked .... c. 56

false marks punished e. 56

imitations of c. 56

inspectors' power c. 56

See Cheese.

CAPITAL TRIALS.

reports of cc. 4, 17

special terms for c. 150

CARRIAGES.

regulation of c. 28

refusing to pay for c. 203

CATTLE COMMISSIONERS.

tenure of otHce c. 90

to investigate abortion among cattle c. 90

may administer oaths c. 90

CEMETERIES.

See liuRiAL Places.

closing c. 82

records of titles of lots .... c. 82
rights of widow and children . . c. 82
taking for railroads c. 112

CENSUS.

oi manufactures annually . . . c. 31

provided for c. 31 •

returns of inhabitants and voters for

new wards c. 28

CHARITABLE ASSOCIATIONS.
lists of property exempt trom taxation,

cc. 11, 13

CHECK LIST.

currectiun of , C. 6

how lung kept c. 7

CHECKS.

payable after drawer's death . . c. 77

CHEESE AND BUTTER.

false marks punished C. 56

powers of inspectors c. 56

what brands necessarj' c. 56

CHILDREN.

abandonment c. 48

Subjects of Xew Legislation, 1886.

;G3

CHILDREN — Continued.

iJo\ s over fifteen not to go to reform

seliool c 89

deaf mute ami blind c. 41

deserted and negleetcd children, offi-
cer to he detailed c. 79

care and edueaiion of neglected . c. 48

imprisonment cc. 212, 21o

indiirent and neglected c. 8i

emiiliivment of c. 48

entieiuL' trom school punished . . c. 48
not to he furnished with firearms or

dangerous weapons . . . . c. 102
nealeet to sujiport punished . . . c. 48

pauper and neglected c. 80

receiving infants to board .... c. 80
See Bastakus; Lymax School for Boys;
Nkglected Childkem.

CHRISTMAS.

next day holiday when on Sundav,

cc. 2, IGO
CHURCHES.

tru>tee& of C 39

CITIES.

debt limited c. 29

evening high schools c. 44

members of council ineligible to office, c. 28

new divi.-iou c 28

new wards abolished c 28

notice of election to officers . . . c. 28

return of division of war-ds . . . c. 28

return of iidiabitants c. 28

soldiers' monuments c. 27

veto of separate items c. 28

See Towns.

CIVIL SERVICE.

reguliuea Title vii.

CLERKS.

assisumt, of senate and house, given

certain documents c. 4

assistant, of senate and house, salary, c. 2

fac-simile of signature c. 161

of senate and house, salary increased, c. 2
of towns and cities to keep indexes c. 37

COAL.

baskets and measures c. 60

See Sales.

COLOR BLINDNESS.

See Kailkoads.

COMMISSIONERS OP PRISONS.

Clerical us.-istaiKe e. 219

salary of secretary c. 2l9

COMMISSIONER OP WRECKS.

I)uiil: aiHi ijoivcrs c. 97

COMMISSIONER OP STATE AID.
salary c. 30

COMMISSIONERS.

heturc wiiuiu sworn c. 18

COMMON CARRIERS.

nut to transport certain bodies . . c. 32

COMMON LANDING PLACE.

location ot C. 49

COMMON VICTUALLER.

tune ot closmg c. 100

COMMONWEALTH BUILDING.

care of c. 5

COMMONWEALTH.

funds, liow mvested c. 1">

COMPLAINTS.

form of c. 213

COMPOSITION.

wnh creditors in insolvency . . . c. 157

CONDITIONAL SALES.

ot furniture or household goods . c. 192

CONGRESSIONAL DISTRICTS-

estal)lished c. 9

CONNECTICUT RIVER.

log driving on c. 94

CONTAGIOUS DISEASES.

tn Ire reported c. 80

chihlren sick with, not to attend

school c. 47

among animals c. 90

notice of, must be given .... c. 90

CONTEMPT.

coniinitments for c. 205

CONVICTS.

discharge on condition; permit to be

at large c. 220

revocation of permit and remand . c. 226
permit void for violation of condition,

cc. 220, 221, 222
successive sentences c. 215

COOPERATIVE ASSOCIATIONS.

geiiei'ai provisions c. 117

COOPERATIVE LOAN AND PUND
ASSOCIATIONS,
name changed to cooperative banks,

cc. 13, 117
regulated c. 117

CORPORATIONS.

alteration of business c. 106

for cremating the dead c. 106

for guaranteeing titles c. 106

for making gas for fuel . . . . c. 106

foreign cc. 13, 105

insolvent, unclaimed money in, ce. 116, 119
record of transfer of stock . . . c. 10.5
special stock for employers . . . c. 106
taxation of foreign mining, quarrj-ing

and oil companies . . . . ". c. 13
time for appointment of receivers . c. 105
to return acceptance of acts . . . c. 105

COSTS

api>eals from taxation of . . . . c. 198
on appeals for abatement of taxes . c. 11
on removal of equity suits to the

supreme court c. 152

term fees Mniited c. 198

when trustee is sued by defendant, c. 183

COUNCILLORS.

districts c. 8

COUNTY COMMISSIONERS.

power to act at special meetings . c. 22

to regulate travel over county bridges,

c. 53

salaries c. 22

COUNTY TREASURERS.

salaries c. 23

CRANBERRIES.

standard measure c. 60

564:

Subjects of 'Nkw Legislatioij", 1886.

CREMATION.

autlniuzfd and regulated .... c. 82

CRIME.

blank returns of c. 219

CRIMINAL INSANE.

8uii|)urt uf cc 213, 214

CROSSINGS.

appLui iKnn orders as to, taken away,c. 112
automatic signals at railroad . . c 112
gates and flagmen at railroad . . c. 112
regulation of street c. 112

DAMAGES FOR LAND TAKEN.

See Betterments.
DAMAGES, HIGHWAY.

where separate or eonungent estates,

c. 40
DANGEROUS WEAPONS.

mit to be furnisued to eliildren . . c. 102

deaf mute children, c. 4l

DEBT.

See Municipal Indebtedness.

DEBTOR.

i-eaclnuir property in equity . . . c. 151

DEFORMED PERSONS-

exlubition of prohibited . . . . c. 207
DEER.

protection of c. 92

DEGREES.

tee Medical Societies.

DEPOSITIONS.

taking of c. 169

to perpetuate testimony . . . . c. 160
DESCENT.

ot land? of bastard c. 125

DISCRIMINATION.

on aeeiiunt oi color c. 207

DISORDERLY PERSONS.

on puijiic conveyances c. 103

DISTRIBUTION.

of pergonal e&tate of married women,

c. 135
DISTRICT ATTORNEY.

a.-sistants c. 17

salaries raised c. 17

DISTRICT COURTS.

See i'oLiCE Courts.

DISTRICT POLICE.

detailed to assist board of health . c. 80
inspeeliou of buildings by . cc. 103, 104
need not be examined liy judge . c. 103

number increased c. 103

railroad and steamboat police . . c. 103

DIVORCE.

absence raising the presumption of

death e. 14r.

form of decrees c. 146

fraud in, punished c. 14G

jurisdiction of petitions for nullitj', c. 145
statistics c. 146

DOG LICENSES.

age of dog c. 102

bioodliouuds not to be kept . . . c. 102

ceniticates of damages regulated . c. 102

tianster c. 102

DOORS.

01 luctory not to be fastened . . . c. 104

DOORKEEPERS OF SENATE AND
HOUSE.

niiuiber and pay c. 2

DRAFTS.

liayabie after drawer's death . . c. 77

DRUGGISTS.

See Phahmacy.
DRUGS.

adulteration cc. 58, 208

DRUNKENNESS.

])Uiiislniii.ia ....:... c. 207

ELECTIONS.

cert iticatcs of when transmitted . c.8
correcting and publisliing returns . c. 7

in towns c. 7

laws revised c. 7

notice of c. 28

terms of court falling on . . . . c. 156

See Ballots; Towns .vnd Town Officers.

ELECTION CASES.

to be printed C. 4

ELECTION SERMON.

law repealed c. 2

ELECTRIC LIGHTS.

wires regulated c. 109

See Telegraph.

ELEVATORS.

inspeeliou of c. 104

unsafe to be placarded c. 104

EMBEZZLEMENT.

from voluntary societies . . . . c. 203
extended c. 203

EMPLOYMENT.

ot imiiors and women c. 74

of prisoners c. 221

See Children.

ENGINEERS.

removal ot c. 35

ENTERTAINMENT.

traiuUilciiily procuring . . . . c. 102

EQUITY PLEADING.

prc-ccdeiits C. 151

EQUITY.

reaching property of debtor . . . c. 151

of partner c. 151

return day of process c. 152

venue of suits c. 161

See SuFEKioH Court; Supreme Judicial
Court.

ESCAPE.

of prisoner lalioring outside . cc. 220, 221

EXAMINATION.

of bonds C. 21

See Trial.

EXCEPTIONS.

establishing where judge is dead, etc.

c. 153

EXECUTION SALES.

redemption c. 172

suspending by order of court . . c. 172
when auotiier ollicer maj' act . . c. 171

EXECUTIVE CLERK.

salary c. 15

EXECUTIVE MESSENGER.

salary c. 15

Subjects of IS'ew Legislation, 1886.

565

EXECUTOR AND ADMINISTRATOR.
expeiiM's 111 |)ruvin>,' will . . . . c. 130
fees paid to sureties on bond allowed,

c. 144
license tr> sell at private sale . . c. 134

EXPLOSIVE COMPOUNDS.

notice of plaee uf fftoiagc . . . . c. 102
rciriilations of u>e c. 102

EVENING SCHOOLS.

ISce SUUOOL.S, EVEMXG.

FACTORIES.

doors not to be fastened . . . . c. 104
inspection of c. 103

FARES.

See Hailiioads.

FEES.

account of c. 16

at inquests c. 26

for service of criminal precepts . . c. 199
for summoning witnesses . . . . c. 199

of appraisers c. 199

of referees, masters, auditors . . c. 1.59

FEEBLE-MINDED, SCHOOL FOR.

applications tor admission . . . c. 87
regulated c. 87

FENCES.

barbed wire reRiilated c. 54

FERTILIZERS, COMMERCIAL.

licenses to sill c. 60

FINANCIAL ESTIMATES.

to wiioin made c. 16

FINES.

account of c. 16

FIRE.

engineers may he removed . . . c. So

forest, to be reported c. 35

negligent, punished c. 203

FIREARMS.

not to lie sold to children . . . . c. 102

FIRE ESCAPES.

required ce. 103, 104

FISH.

protection of c. 91

alewivcs c. 91

bluetish e. 91

cultivating where leases forfeited . c. 91

forfeiture of c. 91

leases aboli-shed c. 91

lobsters c. 91

nets c. 91

open time for certain extended . . c. 91

oyster licenses c. 91

scallops c. 91

seines c. 91

takiuir from seines, etc., punished . c. 91

FISH COMMISSIONERS.

power of c. 91

FOOD.

adulteration of cc. .58, 208

FOREIGN CORPORATIONS.

agents to receive service to be ap-
pointed c. 10.")

returns c. lO.i

taxation c. 13

FORESTS.

causing destruction of by fire . . c. 203

FORESTS —Continued.

cultivation of by cities and towns . c. 27

firewards to be api)ointed . . . . c. 35

fires to be reported c. 35

FORNICATION.

with minors c. 207

FRAUD.

by hirer of horse or carriage . . c. 203

FRAUDULENT CONVEYANCE.

ledempiion c. 172

FUGITIVES FROM JUSTICE.

expense of requisitions . . . . c. 218

GAME.

artifically propagated c. 92

owner may prohibit shooting or trap-
ping c. 203

protection of c. 92

wild duck and fowl protected . . c. 92

GAMING.

apparatus, how sold c. 212

persons present punished .... c. 99

pool-selling forbidden c. 99

GAS.

issue of bonds regulated . . . . c. 106

books regulated c. 61

commissioners to be appointed . . c. 61
lease or transfer of works . . . . c. 106

companies defined c. 61

inspection c. 61

no inspection where for fuel . . . c. 61

manufacture for fuel c. 106

meters regulated c. 61

digging up streets for, forbidden . c. 106

GENERAL COURT.

jiay of members c. 2

GIFT.

sale or exchange of property not to be

induced by c. 209

GOVERNOR.

salary c. 15

of clerk and messenger .... c. 15

GRAND ARMY.

may use state camp ground . . . c. 14

public buildings may be leased to . c. 27

state aid may be entrusted to . . c. 30

GREAT SEAL OF THE COMMON-
WEALTH.

estai)lished c. 1«

GUARDIAN.

Boston children's friend society may

be c. 139

GUNPOWDER.

notice of place of storage to be

given c. 102

GUARANTY INSURANCE.

provided for c. 119

HABEAS CORPUS.

error in c. 185, y^ 18, corrected . . C. 185

HABITUAL DRUNKARDS.

may t)e comiiiitied to asylum . . c. 87

HAND TOOLS.

instruction in the use of . . . . c. 44

HARBOR COMMISSIONERS.

to have chai irc of Connecticut River, c. 19
also of state lands c. 19

566

Subjects of Kew Legislation, 1886.

HARBORS.

assistant harbor masters .... c. 69

lines in East Boston e. 19

in Gluncester c. 19

in Haverhill c. 19

obstructions in title water .... c 97

powers of masters c. 69

presei vation of c. 69

regnhitions in Gloucester .... c. 19

HAWKERS AND PEDDLERS.

citifs may regulate certain sales . c. 68
person over seventy to Lave free li-
cense c. 68

HEALTH, BOARD OF.

Iward directed e. 79

appeals c. 80

care of illegimate infants .... c. 48
care of indigent and neglected chil-
dren cc. 48, 86

charge of waters c. 80

custody of juvenile offenders, cc. 155, 212

ice, impure c. 80

inspection of food and drugs . . c. 208
local, to enforce as to sale of poultry,

c. 58
local, to notify state board of small-
pox c. 80

officer to be detailed to assist . . c. 80
vacancies, how filled c. 80

HEARINGS.

oi committees, advertising . . . c. 16

HIGHWAYS.

crossings with railroads . . . . c. 112
damages for electric wires . . . c. 109
digging up for gas-pipes . . . . c. 106
notice of injurj' ....... c. 52

removal of trees in c. 52

taking for railroads c. 112

HOLIDAY.

See Probate Court.

HOMCEOPATHIC INSANE ASYLUM,
authorized c. 87

HORTICULTURAL SOCIETIES-

projierty exempt from taxation . c. 11

HOTELS.

family, watchmen, etc., required . c. lOt

liability limited c. 102

See Buildings.

HOUSE OP REPRESENTATIVES.

pay of memlters c. 2

salary of clerks and assistant clerk, c. 2

HOUSES OP CORRECTION.

whitewashing c. 220

HUSBAND AND WIPE.

conveyances tu jointly c. 126

release of curtesy where husband

insane c. 147

right in wife's property . . . . c. 124
transfers of property between . . c. 147
when cut off by wife's will . . . c. 147

ICE.

impure c. 80

IDIOTS.

foriucation with c 207

INDEBTEDNESS.

See MuNicir.vL Indebtedness.

INDEXES.

to general statutes c. 4

INDICTMENTS.

form of c. 213

INN.

fraudulently procuring entertainment,

c. 102
INNHOLDERS.

lialiility limited c. 102

INQUESTS.

fees of witnesses, officers, examiners
and justices c. 26

INSANE.

asylums for chronic c. 87

Commitment of c. 87

may l)e boarded in families . . . c. 87
release of curtesy where husband

insane c. 147

recently, cases to be treated . . cc. 84, 87
removal of criminal insane . . . c. 222
support of criminal insane, . . . c. 87
discharge or temporary release . . c. 87

INSANE ASYLUMS.

homteopathic c. 87

habitual drunkards committed to . c. 87

INSOLVENCY.

aeeounts (if assignees to be sworn to, c. 157
claims for conversion of pledge not to

be discharged . . . . cc. 157, 192
composition with creditors . . . c. 157
delay or omission of schedules . . c. 157
discharge, olijectious to . . . . c. 157
equitable liabilities provalile . . . c. 157
execution where delay or failure to

get discharge cc. 157, 171

unclaimed dividends c. 157

INSPECTION.

of oil c. 59

INSPECTORS.

of butter, cheese and milk . cc. 56, 57
of factories and pulilie buildings.
See District Police.

of liquor, salary c. 100

of vinegar, salary c. 60

INSURANCE COMPANIES.

against tempests on land . . . . c. 119

benefits not attachable c. 119

l)lanks for returns to ije furnished . c. 119
classification of directors . . . . c. 119
computation of reinsurance . . . c. 119
delivery of deposits to trustees . . c. 119
discrimination on account of color, c. 119

exaniinarion of c. 119

false statements by agents punished, c. 1 19
fee for valuing life ixilicies . . . c. 119
foreign ; form of securities and how

changed c. 119

guaranty insurance provided for . c. 119
insolvent; unclaimed money . . c. 119

investments c. 119

licenses to insure in com|)anies not

admitted c. 119

life and casualty insurance on the as-
sessment plan c. 115

manufacturing insurance companies

may insure in Canada . . . c. 119
marine companies ;' when may take
tire risks c. 119

Subjects of N'ew Legislation, 1SS6.

567

INSURANCE COMPANIES -Contirmecf.

imiiiintiin capital c. 119

mutual tire with >^nl)sci-i|)tion fund, c. 119
receivers to deposit hooks . . . c. 119
reinsurance forbidden in companies

not admitted c. 119

rcinstiiaiue resiilated c. 119

returns of foreii;n business . . . c. 119
return of securities deposited b\- for-

eiiin compar.ies c. 119

risks limited in districts . . . . c 119
time of fi|in!i annual rcnnn . . . c. 119
trust created bv deposit how en-
forced . . ' c. 119

INSURANCE DEPARTMENT.

salaries raised c. 119

INTOXICATING LIQUORS-

See LiQL'OKs, Ixtoxica'jixg.

INTEREST.

on betterments c. 51

JAILS.

wbitewasliing c. 220

JUDGE.

cannot afterwards l)e counsel . . c. 159

JUDGES OF PROBATE.

salaries c. 158

JURISDICTION.

of superior court in equity.

See SiPEUioR Court.

JUSTICES OF THE PEACE.

warrants by c. 155

power to summon witnesses . cc. 155, 169

JUVENILE OFFENDERS.

trial of c. 89

LABOR.

accidents, notice of c. 74

communication lictween rooms . . c. 104
doors of buildings not to be fastened,

c. 104

hours of cc. 48, 74

notice of hours ....... c. 74

special stock for employees . . . c. 106
state l)oard of arbitration . . . . c. 74

weekly jiayments c. 74

LANDING PLACES.

eomuion, location of c. 49

LAW LIBRARIES.

aid tc) c. 40

LEGISLATIVE MANUAL.

di.^tiiiiiitiuu of c. 4

LEGACIES.

to unknown persons, bow disposed
.of c. 144

LEGAL NOTICES.

where luibli.-licd c. 3

LEGISLATURE.

notice (^'ixtitions to c. 2

notice of hearin;^s before commit-
tees c. 16

LIBRARIES.

detention of books c. 20.3

dij-turbances in, j>unished . . . . c. 207
injury to property of c. 20;j

LICENSE, LIQUOR.

condition added to c. 100

LICENSES.

for mtellisence offices, junkdealcrs,

pawnbrokers, etc e. 102

transfer of dog c. 102

See Hawki:hs .\ni) Peddlers ; Fertilizers ;

Intoxicating Liquors.
LIEN.

for bcttcrruents, how long. . . . c. 51
for sewer assessments c. 60

' LIMITATION OP ACTIONS.

j in t;ivor of niortiraicee c. 176

I LIQUOR, INTOXICATING.

iiallots on license rejrulated . cc. 7, 100
) condition added to license . . . c. 100

j common victuallers, when to close, c. 100

j disposition of cases regulated . . c. 100

I forbidding sales c. 100

how analyzed c. 100

notice of application for license . . c. 100

near sclioolhouses c. 100

none to be s.ild or given on election

day c. 100

not to be sold to persons supported by

charity c. 100

recount of liallots c. 100

salary of inspector c. 100

screen law c. 100

signing licenses in Bfiston . . . c 100

time of selling limited c. 100

time for applications for licenses . c. LOO
See Search Warhaxis

LITERARY INSTITUTIONS.

li.-ts of f.xeuipt property requued . c. 11

LOBSTERS

pieservation of c. 91

unlawful taking from traps, etc. . c. 91
See Fish.

LOCOMOTIVE BOILERS.

to be tested c. 112

LODGING HOUSES.

See BoARDiNO Houses; Buildings.

LOGS.

on Connecticut river c. 94

LORD'S DAY.

bakers may sell c. 98

not defence to actions of tort to the
person ' .... c. 98

LUNACY AND CHARITY.

hoard of c. 79

LUNATIC HOSPITALS, STATE.

female ]ih\Mciaii at c. 87

halutual drunkards may be committed

to ■ c. 87

hom(jeopatliic c. 87

number and sex of trustees . . . c. 87

LYMAN SCHOOL FOR BOYS.

age at wiiich may be committed . c. 89

established . . " c. 89

more land may be purchased for . d 89
place of teiuporary detention pro-
vided c. 89

MALICIOUS MISCHIEF.

defacing notice or paper posted by

law c. 203

to milk cans c. 203

MANUFACTURERS.

communication between rooms . . c. 104

568

Subjects of I!^ew Legislation, 1886.

MANUFACTURERS— Contmaed.

notit-e ot iKjiirs uf work .... c. 74

state arbitration c. 74

report of accidents c. 74

special stock for employees . . . c. 108

right to ring bells, etc c. 74

weekly payments c. 74

MARRIED WOMAN.

deed or devise by c. 147

in husband's estate where no kin-
dred c. 135

neglect to support punished ... c 48
personal estate how distributed . c. 13o
rights in burial lot ... . cc. 82, 144

will where living apart c. 147

See Husband and Wife.

MASTERS IN CHANCERY.

compensation c. 159

MAYOR.

riirht to vote c. 28

veto c. 28

MAYOR AND ALDERMEN.

how con>trued cc. 3, 28

MEASURES.

See Weights and Measures.

MEDICAL EXAMINERS.

new districts . c. 26

fees and reports c. 26

MEDICAL SOCIETIES.

degrees l)y regulated c. 115

MEMORIAL DAY.

veterans may parade with arms . c. 14

MESSENGERS.

of senate and house, number and
pay c. 2

MILK.

acts not affected by subsequent legis-
lation c. OT

adulteration of c. 57

See Adulteration.

analysis regulated c. 57

cans, how marked c. .'i7

cans, malicious injury to . . . . c. 20-3

counterfeiting inspectors' seals . . c. 57

defacing cans punished . . . . c. 57

inspectors c. 57

jurisdiction of complaint . . . . c. 57

quality c. 57

MILITIA.

adjutant general, salary .... c. 14

ambulance corps c. 14

armories, rent of c. 14

bands increased c. 14

batteries, number of guns ... c. 14

companies and battalion .... c. 14
discharge of officer by failure to pass

examination c. 14

examination of medical officers . c. 14

fines may be collected by suit . . c. 14

grounds of discharge c. 14

heavy artillery c. 14

inspectors of rifle practice . . . c. 14

pay of c. 14

pay for care of property .... c. 14

jiarade with arms . . . . . . c. 14

property, returns and recovery of . c. 14

recruiting officer c. 14

MILITIA — Continued.

reports of inspector-general . . . c. 14

return of property c. 14

signal corps, horses for .... c. 14

time of encampment c. 14

time of parade for drill .... c. 14

MINING COMPANIES.

tiixiition of c. 13

MINING, QUARRYING AND OIL
COMPANIES.

taxation of foreign c. 13

MINORS.

employment of . c. 74

neglect to support c. 48

papers devoted to criminal news may

not be sold to c. 207

See Te.n Hour Law.

MONUMENTS,

or headstt)nes for soldiers ... c. 27

MORTGAGES.

recording of chattel . . ... . . c. 192

of real estate, how barred by posses-
sion c. 176

sale, how advertised c. 181

taxation of c. 11

MUNICIPAL COURTS.

additional clerks c. 154

additional sessions c. 154

Boston, additional justice . . . . c. 154
clerks may use fac-simile of signa-
ture c. 159

East Boston district c. 154

exchange of justices c. 154

Sec Police Courts; Towns.

MUNICIPAL INDEBTEDNESS.

limited c. 29

net indebtedness defined .... c. 29
proportionate payments instead of

sinking fund c. 29

return of sinking funds . . . . c. 11

MUTUAL AID ASSOCIATIONS.
iSee Beneficiary Associations.

NAMES.

changed, a list to be published . . c. 148
in tax bills corrected c. 6

NATURALIZATION LAWS.

jurisdiction of conns c. 160

primary declarations when filed . c. 160

revised c. 160

NEGLECTING OP CHILDREN OR
WIPE.

punished c. 48

disposition of fine c. 48

NEWSPAPERS.

defined c. 3

NOTES AND BONDS.

of railroads c. 112

NOTICES, LEGAL.

of |)etitions to the legi-lature . . c. 2
tearing down or defacing . ... . c. 203
where published C. 3

NULLITY, PETITIONS FOR.
See Divorce.

OPFICERS.

fees for summoning witnesses . . c. 199

returns of arrests c. 219

with sheriti"s jury, pay .... c. 49

Subjects of Kew Legislation, 1886.

569

OFFICERS — Continued.

witli superior court in SulTolk, pay, c. lo9
with supreme court, pay . . . . c. 159
fees.

See iNauESTs.
OIL.

See Petroleum.

OPIUM SMOKING.

keeping place lur, forbidden . . . c. 207

ORNITHOLOGY.

taking birds for c. 9*2

OVERSEERS OF THE POOR.

See Towns.
OYSTERS.

licenses to take c. 91

PAGES.

of senate and bouse, number and
pay c. 2

PARDON.

imprisonment after condition bro-
ken c. 218

PARKS.

laying out by cities and towns . . c. 49
t iking for railroads c. 112

PARTITION.

partial division by prol)ate court . c. 178

notice c. 178

upon whom binding c. 178

removal of petition c. 178

PARTNER.

reaeliing property of, in equity . . c. 151

PAUPERS.

insane c. 84

liable for their own support ... c. 84

sivpport of sick c. 86

See Children.

PAWNBROKERS.

incliule ])ersuus lending on pledge, c. 102
sale of personal apparel . . . . e. 102

PAYMENTS.

weekly c. 74

PEDDLERS.

>see Hawkeus .\.nd Peddlers.

PETITIONS TO THE LEGISLATURE.
notice of c. 2

PETROLEUM.

inspection c. 102

selling without a license .... c. 59

standard established c. 59

unsafe punished c. 59

PHARMACY.

reiiulated c. 67a

PHYSICIANS.

to make returns of births .... c. .37

PHYSIOLOGY AND HYGIENE.

to be taught c. 44

PICNIC GROVES.

to be licensed c. 102

PILOTS.

additional c. 70

w;hen other than regular pilots can
act c. 70

PILOTAGE.

regulated and laws revised . . . c. 70

PLEDGEE.

not discharged in insolvency for con-
verting pledges . . . . cc. 157, 192

POLICE.

railroad and steamboat . . . . c. 103
See Dlstrict Police.

POLICE COMMISSIONERS.

may recpiirc attendance of wit-
ne.sses c. 169

POLICE OR DISTRICT COURTS.

adjournment when justice absent . c. l.o4

answer may be required . . . . c. 167

bonds on appeal c. 154

clerkships abolished c. 154

clerkships established c. 154

established and changed . . . . c. 154

jurisdiction extended c. 154

justices may interchange . . . . c. 154

officers and salaries c. 154

sessions c. 154

travelling expenses allowed . . . e. 154

writs may run into other counties . c. 154

POLLING PLACES.

at special elections c. 7

POLLS AND ESTATES.

established for decade c. 11

POLLUTION.

of water supply restrained . . . c. 80
POOL SELLING.

forbidden c. 99

warrant to search for tickets . . . c. 212

POULTRY.

to be dressed c. 58

POUND STERLING.

exchangeable value c. 16

PONDS.

bathing in where used for water

supply c. SO

fishing in c. 91

POOR CONVICTS.

discharge of c. 222

PRACTICE.

appearing as counsel after sitting as

judge c. 159

as to writs and return davs re-
vised cc. 161, 164, 167

claimants may come in . . . . c. 167
copies of books and records of sav-
ings hanks evidence . . . . c. 169
day of trial may be agreed . . . c. 167

discharge of bail c. 16.3

interpleader c. 167

notice to non-resident wliei'e property

attached c. 164

orders and writs issued in other

counties c. 161

written answer in police court . . c. 167

return day of process in equity . c. 152

return days abolished . cc. 161, 164, 167

trial list, criminal, in superior court, c. 214
PRISONS.

discharge of poor convicts . . . c. 222
escape of prisoners at work out-
side c. 220

removal of prisoners to hospitals . c. 219

transfer of prisoners c. 2l0

570

Subjects of Kew Legislation, 1886.

PRISONERS.

cbiuges tor insane . . . . cc. 213,214

empioynient of c. 221

female, aid to c. 219

transfer of c. 210

PROBATE COURTS.

allowance for clerical assistance . c. 158

appraisers, fees c. 199

bonds, forei;;n fidelitj' insurance com-
panies may be sureties . . . c. 143
constable for in Suffolk . . . . c. 1.^6
expense of recording on Suffolk . c. 156
expenses may be allowed . . . . c. 156

officers, salaries c. 1-58

sessions c 156

terms falling on holiday or election

day c. 156

PROBATION OFFICERS.

in Boston c. 212

PUBLIC DOCUMENTS.

distriluitiun of C. 4

PUBLIC DOMAIN.

set apart for forest trees .... c. 27

PUBLIC GROUNDS.

inipi'oveiiieiit of c. 49

PUBLIC PROPERTY.

accounts of sales of c. 16

PUBLIC WAREHOUSES.

bonds c. 72

RAILROADS.

alttrations of crossings ; appeal . c. 112

automatic signals at crossings . . c. 112

branches near state house . . . c. 112
betterments for changes at crossings,

c. 112
carrying bodies of persons dying of

contagious diseases . . . . c. 32

cash fares on cars regulated . . . c. 112

certain notes and bonds to be valid, c. 112

color blindness c. 112

consent of town or city where public

property is taken c. 112

death of emploj'ees c. 112

discrimination in rates c. 112

disorderly persons on c. 207

fences c. 112

frogs, switches and guard-rails to be

blocked c. 112

gates and flagmen at grade crossings, c. 112

land for new tracks c. 112

locations near state house . . . c. 112

police, tenure of offlce c. 103

purchasers under foreclosure, rights

of c. 112

relief societies of. employees . . c. 115

safety coui)lers on freight cars . . c. 112

signals protected c. 112

salary of commissioners payable

monthly c. 112

salary of accountant and clerk . . c. 112

street crossings, power to regulate . c. 112

testing locomotive boilers . . . c 112
tools and safeguards against fire for

cars c. 112

whistling may be regulated . . . c. 112
RAPE.

age of consent c. 202

REAL ESTATE.

held by savings banks, time of sale, c. 116
sale for taxes c. 12

RECORD.

of transfers of dog licenses . . . c. 102

of burial lots.

Sec Cemeteries.
RECORDS.

accouiniodations for c. 37

RECEIVERS.

time of appointment c. 105

See IxsiRANCK Co.aii'anies ; Savings Banks.

REDEMPTION.

of land set otf on execution . . . c. 172

REFEREES.

fees of c. 159

REFORM SCHOOL"

age limited to titteen c. 89

for boys, changed to Lyman school, c. 89

REFORMATORY PRISON FOR MEN.

established c. 221

who may sentence to and for what, c. 221

removal to c. 221

removal from when insane . . . c. 222
sentences to. ...... cc. 221, 222

REFORMATORY PRISON FOR
WOMEN.

cost of removal of prisoners . . c. 219

escapes are punished c. 221

office of treasurer and steward abol-
ished c 221

salary of deputy superintendent . c. 221
schoolmistress and chaplain . . . c. 221

REFORMED EPISCOPAL CHURCH.
otticers of c. 37

REGISTERS OP DEEDS.

women may lie assistant .... c. 24

REGISTERS OF PROBATE.

salaries c. 158

REGISTRARS.

temporary c. 6

REGISTRATION OF VOTERS.

errors by assessors c. 6

errors in names c. 6

revised c. 6

women c. 6

REGISTRY OF DEEDS.

indexes c. 24

new in Worcester c. 24

REINSURANCE.

regiilatea c. 119

RELIEF SOCIETIES.

Ijy railroad and steamboat em-

l)loyees c. 115

funds exempt from attachment . . c. 183

RELIGIOUS SOCIETIES.

trustees of c. 39

REPORTS.

number to be printed c. 4

REPRESENTATIVES, HOUSE OF.

districts c. 8

pay of members ....... c. 2

of officers c. 2

returns c. 8

RETURNS.

of foreign insurance companies . c. 105

Subjects of New Legislation, 1886.

571

REVIEW.

stay of execution without security, c. 187

ROGUES, ETC.

Iiuw puiiiblied c. 207

SAFETY FUND AND LOAN ASSO-
CIATIONS.

See CoiJi'EUATivE Associations.

SAILORS.

waives or lav exempt from attachment

c. 183
SALARIES.

adjutant iieneral c. 14

auditor and his clerk c. 16

clerks and assistant clerks of senate

and house c. 2

savings hanic commissioners and

clerks c. 116

commissioners of prisons, secretary

of c. 219

commissioner of state aid . . . . c. 30

county officers cc. 22, 23

district attorneys, etc c. 17

district courts c. 154

deputy superintendent of reformatory

prison for women c. 221

engineer at state prison . . . . e. 221
executive clerk of governor . . . c. 15

executive messenger c. 15

first clerk of secretary c. 15

governor c. 15

inspector of liquor c. 100

insurance department c. 119

judges and clerks . . ' . . . . c. 154
judges of superior court . . . . c. 152
members of legislature .... c. 2

officers of court c. 159

officers of general court .... c. 2
officers of police courts, etc. . . . c. 154

officers of probate c. 158

officers of state library c. 5

officers of state prison c. 221

private secretary of governor . . c. 15

police courts c. 154

probate courts c. 158

railroad commissioners, clerk and ac-
countant c. 118

secretary of the Commonwealth and

his clerks c. 15

sergeant-at-arms c. 5

sheriffs c. 25

treasurer and his clerks .... c. 16

SALES.

. conditional, of household furniture

or goods c. 192

of coal by measure c. 60

of commercial fertilizers .... c. 60
of poultry c. 58

SAVINGS BANKS.

bond* of treasurers c. 116

books of insolvent c. 116

claims against insolvent . . . . c. 1 16

deposits in banks , c. 116

investments c. 116

land held for foreclosure . . . . c. 116

liability to limited c. 116

limit to loans to, on personal security ,c. 116
names of board of investment to i)e
published c. 116

SAVINGS BANKS — Contimied.

noilLCS of special meetmgs . . . c. 116
only one place of business . . . c. 116
orders are payable after death . . c. 116
salary of commissioners . . . . c. 116
salaries of clerks of commissioners, c. 116
I storage of books of insolvent . . c. 116

1 taxation c. US

time for selling real estate . . . c. 116
unclaimed money in receivers' hands, c. 116

SCHOOLS.

children sick with contagious dis-
eases c. 47

books and apparatus may be pro-
cured for c. 44

enticing from school punished . . c. 48

evening high schools c. 44

instruction in, hand tools .... c. 44
in ph.ysiology and hygiene . . . c 44

sales of liquor near c. 100

teachers, tenure of office .... c. 44

SCHOOL BOOKS AND SUPPLIES.

to be furnished c. 44

dues or taxes for, may be abated, cc. 11, 44

SCHOOL FOR FEEBLE-MINDED.
notK'esofai>|ilifati()us lor admission, c. 87

SCHOOL DISTRICTS.

abolished c. 45

towns to sue or defend for . . . c. 45

SCHOOLS, EVENING.

attendance of children c. 47

establishment of, in certain cities . c. 44

SCHOOL FUND.

distribution of c. 43

SEALERS OF WEIGHTS AND MEAS-
URES

appointment of c. 6o

SEAMEN

traiisijortation of destitute ... c. 69

SEARCH WARRANT.

forli(iuor; by wlioni issued . . . c. 100
for pool tickets c. 212

SERGEANT-AT-ARMS.

salary of c. 5

SEATS.

for female employees c. 74

SECRETARY OP COMMONWEALTH.

clerks c. 15

salary of c. 15

salary of third clerk c. 15

SEDUCTION.

punished c. 207

SENATE.

. comi)ensation of officers .... c. 2

districts c. 8

pay of members c. 2

salary of clerk and assistant clerk, c. 2

SENTENCE.

to jail instead of house of correc-
tion c. 21.5

successive c. 215

SETTLEMENT.

of title c. 176

SEWER ASSESSMENTS.

lien for c. 50

redemption of land sold for . . . c. 50

572

Subjects of Kew Legislation-, 188G.

SHADE TREES.

taxing tor c. 27

SHERIFF.

may adjourn police or district courts, c. 154
process fur or against, bow served, c. 25
salaries c. 25

SHIPS.

.See Pilots.

SKATING RINKS.

liccn.sitiff c. 102

SOLDIERS.

beadstunes or monuments for . . c. 27

parading witb arms c. 14

state aid extended c. 30

may Ije entrusted to grand army

posts c. 30

STATE DOCUMENTS.

number and distribution of . . . c. 4
SMALL-POX.

local l)oards of bealth to notify state

board '. . c. 80

transportation of bodies of persons
dying of c. 32

SPECIAL JUSTICES.

fees at inquests c. 26

STATE AID.

extended . . . .* c. 30

investigation c. 30

may I)e entrusted to grand army

posts c. 30

STATE BOUNDARY.

c. 1
STATE DOCUMENTS-

nuuiljer to be printed c. 4

STATE LANDS.

harbor commissioners to have cbarge
of c. 19

STATE LIBRARY.

cierivs c. 5

annual appropriation for books . . c. 5

STATE LUNATIC HOSPITALS.

numijer and sex of trustees . . . c. 87
female physician for c. 87

STATE PRISON.

instruction in c. 221

officers c. 221

removed to Boston c. 221

salary of engineer c. 221

STATE OFFICERS.

advances tor small expenses . . . c. 16

STATE WORKHOUSE.

location changed c. 88

persons leaving and begging punished,

c. 88

removals from c. 221

who sentenced to cc. 207, 219

STATUTES.

tables and indexes c. 4

STEAMBOAT EMPLOYEES.

relief societies ... i ... c. 115

STEAMBOAT POLICE.

r^ee Distuict Police.

STENOGRAPHERS.

superior court may appoint . . . c. 159
STICKERS.

detached, not to be counted as ballots, c. 7

STOCKS.

records of transfers c. 105

STREETS.

See W.\YS.

STREET RAILWAYS.

cable system authorized . . cc. 112, 113
liability for loss of life c. 112

SUBPCENA.

l)y jusnce of the peace c. 169

SUPERIOR COURT.

criminal term in Essex changed . c. 152
in Plymouth may adjourn to Brock-
ton c. 152

clerks may use fac-simile of signature

c. 159
jurisdiction in equity; pleadings and

practice c. 152

justices; number hncreased . . . c. 152
may appoint stenographers . . . c. 159
removal of actions from , . . . c. 152

salaries ofjustices c. 152

salaries of officers c. 159

trial list in criminal cases . . . . c. 214

SUPERVISORS OF ELECTIONS.

swearing of c. 7

SUPREME JUDICIAL COURT.

frivolous api)])euls c. 1.50

full court defined c. 150

justices may retire on salary . . c. 150

salaries of officers c. 159

special terms for capital cases . . c. 150
term in Worcester changed . . . c. 150

TAXATION.

costs on appeal for abatement . . c. 11
debts which are to be deducted from

assets c. 11

errors in tax bills c. 6

exemptions c. 11

foreign corporations . . . cc. 13, 106
horticultural societies exempt . . c. 11

limitation of c. 11

lists and returns of charities . cc. 11, 13

mortgaged real estate c. 11

omitted estates c. 11

over or under valuation punished . c. 27
personal property of assignees, joint

owners, etc c. 11

sale of property taken for ... c. 12
for school books may be abated, cc. 11, 44

savings banks cc. 13, 116

surrender of title to city .... c. 12
title insurance companies .... c. 13

telephone companies c. 13

valuation books c. 11

valuation established c. 11

what must be enumerated . . . c. 11

TAX SALES.

disposition of land purchased . . c. 12

purchase by collector c. 12

surplus from c. 12

purchaser must file certificate of resi-
dence c. 12

TEACHERS.

tenure of office c. 44

TELEGRAPHS AND TELEPHONES.

cannot enter pnjperty c. 109

damages to abutters on streets . . c. 109

Subjects or IS'ew Legislatiox, 1886.

573

TELEGRAPHS. ETC. — Co7itinued.

ilisiTiiniiKitiim forbidden . . . . C. 109

liability established c. 109

names to be put on posts . . . . c. 109
•taxation C. 13

TELLERS.

at town meetings c. 7

TEMPERANCE SOCIETIES.

e.xeniption truui taxation .... c. 11

TEMPORARY LOANS.

ni eulis and towns C. 29

TEN HOUR LAW.

evidence ot age c. 74

employment of ehildren .... c. 48

mereanillc estal)]ishments . . . c. 74

notiees of hours of lal)or .... c. 74

TENEMENT HOUSES-

fire escape c. 104

TIDE WATERS.

removal ot obstructions in . . . c. 97
TIMBER.

in Connecticut river c. 94

TITLE INSURANCE COMPANIES.

authoiized c. 106

taxation of c. 13

TOBACCO.

^ale to persons under sixteen . . c. 208

TOMBS.

closing of c. 82

TOOLS

iTisnnction in use of c. 44

TOWNS.

auduors may be elected .... c. 27
annual payment of debts instead of

sinking funds c 29

may receive funds for burial places, c. 82

culture of trees c. 27

defacing warrants punished . . . c. 203
election of assessors and overseers of

the poor c. 27

evening schools in certain . . . c. 44
headstones or monuments for sol-
diers c. 27

indexes of records c. 37

issue of bonds, notes, etc c. 29

may lease public buildings to grand

army c. 27

maj' regulate inspectors of petro-
leum c. 102

meetings c. 27

new division of wards when to take

.effect c. 38

notice of highway injuries . . . c. 02

parks . . . . ' c. 27

precinct voting c. 7

recount of ballots c. 7

returns of sinking funds .... c. 11

regulation of carriages c. 28

soldiers' monuments c. 27

taxing for shade trees c. 27

temporary loans c. 29

to sue or defend for school dis-
tricts c. 45

tellers may lie appointed .... c. 7

TOY PISTOLS.

sale Ibrbidden c. 102

TRAMPS.

persons leaving almshouse or work-
house and l)egging. . . cc. 87, 88
who are, and how punished . . . c. 207

TREASURER, STATE.

additional clerk c. 16

extra clerks c. 16

office hours c. 21

salary c. 16

salaries of clerks c. 16

standard of exchange c. 16

TREES.

act need not be accepted . . . . c. 54
land taken for liy cities .... c. 27
maj' lie planted by cities .... c. 54
removal (;f in ways c. 52

TRESPASS.

on public lands c. 203

TRIALS.

day may be fixed by agreement . c. 167
trial justice failing to attend . . . c. 212
where more than one shire town . c. 167
See JrvEXiLE Oifenders.

TRIAL JUSTICES.

jurisdiction in milk cases . . . . c. 155

power to sentence where to reforma-
tory c. 155

proceedings where he fails to attend, c. 212
TRIAL LIST.

criminal in superior court . . . . c. 214

TRUANT SCHOOLS.

union truant schools c. 48

TRUSTEE PROCESS.

costs c. 183

return, appearance and answer . . c. 183

relief societies exempt c. 183

sailors' wages or lay exempt . . c. 183

UNITED STATES.

jurisdiction of land for fish commis-
sioners c. 1

VETO.

of separate items c 28

VINEGAR.

adulteration of c. 60

inspection of c. 60

pay of inspectors c. 60

VOLUNTARY SOCIETIES. '

enibezzlenient c. 2053

VOTERS.

person not qualified punished . . c. 7

See Registration; Ei.kctiox ; Uegistua-
TioN OF Voters.

VOTING LIST.

!See Check List.

WARDS.

new, abolished c. 28

new division c. 28

return of division into c. 28

return of inhabitants and voters by, c. 28
See Cities.

WAREHOUSES.

public c. 72

non-negotiable receipts c. 72

WARRANTS.

by justices of the peace . . . . c. 155
to officers in any county . . . . c. 212
See Search Warrants; Towns.

574

Subjects of ^ew Legislation, 1886.

WATCHMEN.

in boariJiiig houses, hotels, etc. . . c. 104

WATER SUPPLY.

baihing hi punds forbidden ... c. 80

pollution n)ay be restrained ... c. 80

supervision of c. 80

WAYS.

See Highways.
removal of trees in c. 52

WEEKLY PAYMENTS.

c. 74

W^EIGHTS AND MEASURES.

fur cranberries c. 60

for coal c. CO

possession of unlawful punished . c. 65

WIFE.

See Married Woman.

WILD DUCKS.

protection of c. 92

WILD FOWL.

protection of c. 92

WILL.

expenses of proving c. 130

WITNESSES.

attendance before special tribunal . c. 169
before police commissioners . . . c. 169

binding over c. 212

fees at inquests c. 26

WITNESSES — Continued.

fees for summoning c. 199

power of justices to summon, cc. 155, 169

WOMEN.

assessment of c. 6

authorized to administer oaths . . c. 18

employment of c. 74

female physician for lunatic hospitals,

c. 87
may be assistant register of deeds . c. 24

may practice law c. 159

overseers of the poor c. 27

registration of c. 6

See Employment; Married Women; Re-
formatory Prison.

WOODEN FLUES.

forbidden c. 104

WORCESTER COUNTY.

divided for registry c. 24

terms of supreme court in . . . c. 150

WORKHOUSE.

transfer of inmates c. 88

trustees c. 88

WRECKS.

disposal of c. 97

commissioners of, bond and powers, c. 97

removal of c. 97

WRITS.

lac-siniile of signature c. 161

and orders issued in other counties, c. 161

INDEX.

Page

Abingtou, town of, water supply for 115

Accidents in factories and manufacturing establishments, to be re-
ported forthwith to chief of district police .... 201
Action, defendant in, may require adverse parties claiming funds in

his hands to interplead 242

Action of tort against a street railway corporation for loss of life by

negligence 117

Adjutant-general and first clerk, salaries established .... 184
Administrators, sale of real estate by, at private sale . . .114

Adulteration of food and drugs, concerning 133

Aged and Friendless, New England Aid Society for the, name

changed to the Home for Aged Couples .... 70

Aged Men and Women in Framingham, Home for, incorporated . 129
Aged or Disabled Episcopal Clergymen, Society for relief of, name

established 130

Agents for arrest of fugitives from justice, fees of . . . . 218
Agricultural College, Massachusetts, allowance to; scholarships con-
tinued 371

allowance for repairs and improvements 380

Agricultural Experiment Station, Massachusetts, allowance for a

laboratory building at 366

Aid, state, commissioners of, may appoint agents to investigate cer-
tain claims 89

Aid, state and military, for the one hundred days' troops of 18G4 . 39

Algonquin Club of Boston, incorporated ...... 44

Almshouse, state, hospital buildings 380

Amendment to the constitution proposed, relating to the qualifica-
tion of voters 389

American and Mexican Pacific Railroad Company, name changed . 287
American Bell Telephone Company, limited in holding stock in cer-
tain corporations 302

Amesbury, town of, part of Salisbury annexed to ... . 244

Answer may be ordered by police courts to be filed In civil cases . 54

Apportionment of representatives to the several counties . . . 198

578 . Index.

Page
Apportionment of state and county taxes, basis established . . 57

Appraisers, fees of 114

Appropriatioxs :

3Iaintenance of Government, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational, Tax Com-
missioner's and Military Departments ..... 3
31aintenance of Government, additional, —
Supreme Judicial, Superior, and Probate and Insolvency Courts,

and District Attorneys, salaries 9

3Iaintenance of Government, further additional, —
Legislative, Executive and Agricultural Departments, com-
missioners, state house, miscellaneous, incidental and con-
tingent expenses 23

compensation and mileage of members of the legislature, for
compensation of officers thereof, .and for expenses connected
therewith. ......... 8, 355

erection of monuments on the battlefield at Gettysburg , . 9
compensation and mileage of officers and men of the volunteer

militia, and for other expenses of the military department . 13
printing and binding public documents, for editing i-egistration
report, purchase of paper, publishing laws and pi-eparing
tables and indexes to the statutes 14

17
17

salaries and expenses at the state primary school at Monson
salaries and expenses at the Lyman school for boys .
salaries and expenses at the state industrial school for girls

certain educational expenses

salaries and expenses at the state prison, Massachusetts re
formatory, the reformatory prison for women, and for eX'

penses connected therewith

salaries and expenses at the state workhouse at Bridgewater
salaries and expenses at the state almshouse at Tewksbury
salaries and expenses of the district police force

■sundry charitable expenses

deficiencies in appropriations for certain expenses authorized

in the year eighteen hundred and eighty-five ...
expenses authorized in the year 1886, and for certain other ex

penses authorized by law .... 117,163,248,356

improvement of the Commonwealth's flats at South Boston
Aqueduct Company, Haverhill, provisions aflectiug .
Aqueduct Corporation, Jamaica Pond, propertj' of, may be purchased

by the city of Boston

Arbitration and conciliation, state board of, to be appointed

Arbor day, established

Ashland, town of, in favor of

Ashuelot Railroad of New Hampshire may be united with tlie Con

necticut Kiver Railroad

Assessment cfistricts in cities, established

229
273

150
204
370

37S

22
244

Index. 579

Page

Assessment of taxes, additional time for, in certain cases . . . 72

Assessment and registration of women as voters .... 55
Assessments for main drains and common sewers, to constitute a lien

for two years 157

Assessors of taxes, returns of 50

duties in town where voting precincts are established . . 207

Association, Bar, of the city of Boston, incorporated . . . 2i>

Cemetery, South Pocasset, name changed .... 252
Greylock Park, may increase capital stock and make rules for

care and use of property 122

Improved Dwellings, of Springfield, incorporated . . . 218

Montgomery Light Guard Veteran, incorporated ... 51

Village Cemeterjs of Vineyard Haven, incorporated . . 132
Yarmouth Camp Meeting, portion of property exempt from

taxation 177

Young Men's Christian, of Worcester, may hold additional

real and personal estate 33

Associations, voluntary, embezzlement of property of, punishment

for 306

Asylum, Temporary, for discharged female prisoners, charter

amended 86

allowance to 137

Attachment by the trustee process, wages and lay of seamen exempt

from 146

Attorney-general, may, with approval of governor and council, pub-
lish reports of capital trials 166

may appoint a law clerk 167

Auction, sale of goods at, relating to 252

Auctioneers, license of ......... . 252

Auditor of the Commonwealth, to report to general court upon re^-

turns of fees, etc., received by certain public officers . . 132

Auditor in towns, office established . . . . . . . 256

Ayer, First Unitarian Parish of, name established .... 40

Bakers, may make sales during certain hours on the Lord's day . 71
Ballots, cast at elections held in towns, recount of . . . . 202
form of, for voting upon question of granting liquor licenses, 43
Ballots and ballot boxes, in towns where voting precincts are estab-
lished 210

Bamfard, Albert J., justice of the peace, acts confirmed . . . 387

Bank, Savings, Shawme, in Sandwich, incorporated .... 49

Suflblk, for seamen and others, may hold additional real

estate 28

Banks, savings, salaries of commissioners and clerks . . . 196
Banks, savings, and institutions for savings, loans by, on personal

security 56

580 Index.

Page
Banks, savings, and institutions for savings, treasurers to give new

bonds as often as once in five years 77

sale of certain real estate by 70

amount to be deposited in national banks, etc., limited .• . 78
may invest in bonds of the Worcester, Nashua and Rochester

Railroad Company 137

Baptist Chai-itable Society, Massachusetts, may hold additional real

and personal estate ......... 57

Baptist Convention, Massachusetts, may hold additional real and

personal estate ......... 40

Bar Association of the city of Boston, incorporated .... 28

Barnstable and Mashpee, blueflsh not to be seined within three miles

of the shores of 152

Bell Telephone Company, American, limited in holding stock in

certain corporations 302

Bennington monument fund, to establish 255

Bennington, battle of, monument in commemoration of, erection of

aided 367

Berkshire Heights Land Company, incorporated .... 42
Berkshire Heights Water Company, in Great Barrington, incor-
porated 278

Bernardston, town of, part of Leyden annexed to . . . .147

Birds and game, preservation of 232

Black's Nook in Fresh Pond, city of Cambridge may construct a dam

across entrance to 327

Blair Camera Company, name established 41

Blair Tourograph and Dry Plate Company, name changed . . 41

Blind and deaf mutes, care and education of 191

Bloodhounds, not allowed to be at large 324

Blueflsh, in waters of Vineyard Sound, off the shores of Barnstable

and Mashpee, not to be seined 152

Board of education, to report upon distribution of the school fund . 372
to report upon the methods proposed in bill to establish a half-
mill fund for support of public schools 384

Board of health, state, re-established 82

to have care of inland waters 230

duties in regard to impure ice 252

Board of lunacy and charily, state, name established . . 83, 85

Bonds, probate, money paid to corporations, etc., for acting as

sureties on, may be allowed against the estate . . . 177

Boston, Algonquin Club of, incorporated 44

Boston, city of. Bar Association of, incorporated .... 28

organization of school committee .36

time extended for completion of Charles River Embankment in, 54

East Boston district court, established 21

municipal coui't of the Dorchester district in, salary of clerk, 97

municipal court of, salai'ies of constables 112

Index. 581

Page
Boston, mnuieipal court of Charlestown district of, salaries of con-
stables 114

niiinicipal courts of the Brighton and West Roxbury districts

of, salaries of constables 123

land in Pemberton Square in, taken for a court house, released

to its former owners 140

land taken for court house, registry of deeds, etc. . . . 9G
may purchase the property of the Jamaica Pond Aqueduct

Corporation 150

street railways in, may consolidate and maintain the cable

system of motive power 175

may pay certain claims • . 234

school for truants in 243

public parks in, loan to construct, authorized .... 2G9
agreements relative to water supply for, between Boston, Som-

erville, Chelsea and Everett, confirmed 351

fire marshal for, office established 353

Boston Society of Natural History, may permit the killing birds,

taking eggs, etc 233

Boston Tow-Boat Company, may increase capital stock ... 42
Boston Water Power Company, may issue pi'eferred stock . . 173
Boston Water Power Company and the Commonwealth, agreements

between, made valid 385

Boston and Albany Railroad, provisions affecting .... 133
Boston, Barre and Gardner Railroad, provisions affecting . . . 133
Boston and Lowell Railroad Corporation, may unite with the Boston,
Concord and Montreal, the Pemigewasset Valley, the White-
field and Jefferson, and the St. Johnsbury and Lake Cham-
plain Railroads 234

may unite with the Nashua and Lowell, the Stony Brook, the
Wilton, the Peterborough and the Manchester and Keeue

Railroads 95

"Boston and Maine Railroad, lease of the Worcester, Nashua and

Rochester Railroad by, confirmed 78

Boston and Maine, Eastern and other railroads, may maintain a union

passenger station in Boston 254

Boston Marine Insurance Company, may insure property on land

against loss by fire 85

Boundary line. New Hampshire 371)

Boylston Mutual Insurance Company, name changed to the Boylston

Insurance Company 51

Bradford Water Company, incorporated 273

Braintree Water Supply Company, incorporated .... 219

Brakemen on freight cars, protection of, railroad commissioners to

investigate and report concerning 370

Bridge, of the Eastern Railroad across Rowley River, alteration or

discontinuance of draw in; damages to be estimated . . 201

582 Index.

Page
Bridge over the South Canal of the Essex Compaii}'^ on Broadway in

the city of Lawrence, to be maintained by the city . . 33

Norwich, in Huntington, town liable for damages from defect in, 78

Pitcher's, in Huntington, town liable for damages from defect in, 78
over Sengekontacket Opening, to be maintained by towns of

Edgartown and Cottage City 52

Sunderland, sale of toll house, confirmed 103

Bridgewater, state normal school at, allowance for repairs . . 364
state workhouse at, a building for the chronic insane to be

erected 168

Brighton and West Eoxbury districts of the city of Boston, munici-
pal courts of, salaries of constables 123

Bristol CountV; commissioners to enlarge jail and house of correction

at New Bedford 124, 166

commissioners of, salaries established 196

Brockton, city of, water supply for 91

may eflect an additional loan 93

a suitable place in, to be provided for the superior court . . 168
Bureau of statistics of labor, portion of report to be re-printed . 381
to report to the legislature certain statistics of manufac-
tures . 135

to be provided with rooms, etc 379

Burgess, Anne Deighen, in favor of 373

Butter, imitation, inspection and sale of 287

Buzzard's Bay, protection of fisheries in 144

Cable system of motive power, may be used by street railway com-
panies 318

may be established by street railway companies in Boston . 175
Cambridge, city of, revision of ward boundaries and apportionment

of members of common council in 86, 165

licensing conductors, etc., of street railway cars in . . . 88
Third Congregational Society in, proceedings confirmed ; may

convey real estate . . Ill

election of assessors in 145

may repay certain money to the Fitchburg Railroad Company, 270

may build a dam in Fresh Pond, etc 327

Camp Meeting Association, Yarmouth, portion of property exempt

from taxation 177

Canton, town of, water supply for 131

Capital trials, publication of I'eports of 166

authority for holding special terms for, repealed ; superseded

by 1885, 384, § 2 324

Carpet Lining Company, Knitted, name changed to Knitted Mattress

Company 72

Cataumet Cemetery Association, name established .... 252

Index. 583

Page

Cemeterv Association, South Pocasset, name changed . . . 252

Yillaiie, of Vineyard Haven, incorporated .... 132

Central Congi'egational Church, in Chehnsford, incorporated . . 105

Change of names 451

Charitable Eye and Ear Infirmary, Massachusetts, allowance to . 365
Charity, state board of lunacy and, name established . . 83, 85

Charles River Embankment, time for completion extended . , 54

line of sea wall changed 113

Charles River Embankment Company, time extended for perform-
ance of certain worK 122

Chai'lestown Gas Company, may furnish Charlestown and Somer-

ville with electric light 228

Charlestown district of the city of Boston, municipal court of, sala-
ries of constables 114

Chatham, town of, may take stock in a railroad corporation . . 170

in favor of the overseers of the poor in 3G5

Check list, in towns where voting precincts are established . .212

Chelmsford, town of. Central Congregational Church incorporated . 195

Chelsea, city of, maj^ maintain a public park 71

Chelsea Gas Light Company, may hold additional real estate, and

may furnish gas in town of Revere 197

Chicopee Water Company, may issue bonds and secure the same by

mortgage 55

Children, who are both deaf mntes and blind, care and education of, 191

indigent and neglected, relating to 308

Chipman, William L., allowance to 366

Church, Central Congregational, in Chelmsford, incorporated . . 195

of Christ in Millis, Parish of the, name established . . . 142
Trustees of the Roslindale Methodist Episcopal, proceedings

confirmed 76

Union Congregational, in Plainville, incorporated . . . 50

Church Union, Massachusetts New, charter amended ... 71
Churches, Protestant Episcopal and Reformed Episcopal, in relation

to 185

Cities, changes in wards and voting places in, to be returned by the

clerk to the seci'etary of the Commonwealth . ... 70

may furnish transportation to shipwrecked seamen . . . 138

Avards, precincts and assessment districts in, established . 244

of fifty thousand inhabitants, to establish evening high schools, 184

City of Boston, organization of school committee of . ... 36

time extended for completion of Charles River Embankment in, 54

land taken for a court house in, released to its former owners, 146
land taken for a court house, registry of deeds, etc., in . .96
may purchase the property of the Jamaica Pond Aqueduct

Corporation 150

street railways in, may be consolidated and maintain the cable

system of motive power 175

may pay certain claims 234

584 Index.

Page

City of Boston, school for truants in 243

353
269

office of fire marslial of, established

public parks in, loan for construction, authorized .
agreements relative to water supply for, between Boston,

Somerville, Chelsea and Everett, confirmed .... 351

East Boston district court in, established 21

municipal court of the Dorchester district in, salary of clerk, 97

municipal court of, salaries of constables 112

municipal court of Charlestown district of, salaries of con-
stables 114

municipal courts of the Brighton and West Roxbury districts

in, salaries of constables 123

Bar Association of, incorporated 28

City of Brockton, water supply for 91

may effect an additional water loan 93

a suitable place in, to be provided for the superior court . 168
City of Cambridge, revision of ward boundaries and apportionment

of members of common council in 86,165

licensing conductors, etc., of street railway cars in . . .88

election of assessors in 145

may repay certain money to the Fitchburg Railroad Company, 270
may construct a dam across entrance to Black's Nook in Fresh

Pond 327

Third Congregational Society in, proceedings confirmed, etc., Ill

City of Chelsea, may maintain a public park 71

City of Fall River, water supply for 352

City of Fitchburg, board of trustees of public burial grounds of,

established 79

City of Gloucester, ward eight in, to be divided into two voting

precincts 143

City of Gloucester and town of Rockport, may sell their town

landings 347

City of Holyoke, police court of, salary of justice .... 124

municipal debt of 138

City of Lawrence, to maintain a bridge over the south canal of the

Essex Company on Broadway in said city .... 33

Tower Hill Congregational Society in, name changed . . 128

City of Lowell, police court of, salaries of justice and clerk . . 271

City of Lynn, may make new division of wards 72

police court of, salary of justice 127

to increase number of the common council .... 197

digging up public ways in, by the Marblehead Water Company, 327
City of Maiden, division into seven wards, and office of alderman-at-

large abolished 150

may issue additional water fund bonds
City of New Bedford, overseers of the poor of

jail and house of correction in .
City of Newburyport, salary of mayor

. 255

. 272

124, 166

. 53

Index.

585

Page

City of Newbniy]iort, may increase its debt 197

City of Newton, may require plumbers to be registered and licensed, 88

police court of, salai'y of clerk 128

City of Nortliaraptoa, may renew portion of water bonds ... 81
new court liouse in . . . . . . . . .151

City of Salem, may take tide-water lands for streets, etc. . . . 297

City of Springfield, may raise money for celebration of anniversary

of its settlement 15

police court of, salary of clerk 127

City of Worcester, railroad tracks in Foster street may be changed, 141

may establisli a system of sewage disposal .... 309
City councils, members ineligible to an office, witli salary payable by

the city, during term for which elected ..... 93
City Missionary Society, powers enlarged; additional real and per-
sonal estate 77

Civil government, lists of national, state, district and county officers, 459
Clerks of cities, to make return to secretary of the Commonwealth

of changes in wards and voting precincts .... 70
Clerks of cities and towns, meeting of, to determine clioice of repre-
sentatives 202, 203

Clerks of courts may imprint fac-similcs of their signatures upon

certain processes issued by them 19

issue of process by, in county where court is sitting instead of

that where cause is pending 171

Clerks of towns, duties in recount of ballots 202

duties where voting precincts are established . . . 211, 212

Club, Algonquin, of Boston, incorporated 44

Coffin, Sophie S., in favor of .368

Cohasset Water Company, incorporated 106

College, Agricultural, allowance to ; scholarships continued . . 371

allowance for repairs and impi-ovements 380

College, Tufts, trustees may hold additional real and personal estate, 129
Commission on drainage to turn over plans, etc., to the state board

of health 888

Commissions, new, accommodations for 386

Commissioner, insurance, clerical assistance for .... 142

to codify insurance laws 387

Commissioners, county, of Bristol County, salaries established . 196
Bristol County, to enlarge jail and house of correction at New

Bedford 124, 166

Franklin County, to erect a new jail and house of correction in

Greenfield 294

Hampshire County, may borrow money for new court house . 151
Middlesex County, to cause copies of plans, etc., to be made

in registry of deeds for the southern district ... 80
Plymouth County, may take portion of the old graveyard in

East Bridgewater for widening a street 92

Plymouth County, salaries established 196

586 Index.

Page

Commissioners, county, of Worcester County, salaries established . 196
Commissioners on drainage of valleys of Mystic etc., rivers, extra

copies of report to be printed 362

compensation of 364

Commissioners, gas, to prescribe foi'm in which gas companies shall

keep books and accounts ....... 345

report of, extra copies to be printed 366

Commissioners, harbor and land, to have charge of the public lands, 121
Commissionei's, harbor and land and railroad, duties in re lation to

bridge over Rowley Eiver • 201

Commissionei's on inland fisheries, to institute proceedings for vio-
lation of conditions of leases of great ponds .... 195

to be game commissioners 233

Commissioners of prisons, salary of secretary established . . . 231

to obtain plans for cells in state prison 362

to increase niimber of cells in state prison .... 378
Commissioners of savings banks, and clerks, salaries established . 196
Commissioners of state aid, may appoint agents to investigate cer-
tain claims 89

Commissioners on the state house, to provide rooms for bureau of

statistics of labor, etc 379

Commissioners on survey and map of the state, extra copies of report

to be printed 369

Commitment for contempt of court in any jail and in any county by

sheriflfs and deputies 171

Commitment and custod}' of insane persons 292

Commonwealth and the Boston Water Power Company, agreements

between made valid 385

Commonwealth's flats at South Boston, concerning .... 375
Common sewers and main drains, lien of assessment for, to continue

for two years 157

Compensation of members of the legislature 352

Complaints, form of, in certain criminal prosecutions ... 48

Concord Creamery Company, incorporated ..... 49

Conductors, etc., of street railway cars in Cambridge, licensing of . 88

Congregational Church, Central, in Chelmsford, incorporated . . 195

Congregational Society, Tower Hill, name changed .... 128

Congress, list of members 479

Connecticut River, resolution concerning obstruction to the passage

of shad in 392

Connecticut River Railroad Company, may unite and consolidate

with the Ashuelot Railroad Company of New Hampshire . 22
Conservatory of Music, New England, to make annual return to the

commissioner of corporations ...... 123

Constitution, amendment to, proposed, relating to the qualitication

of voters 389

Contempt of court, commitments for 171

Contested elections, publication of, to be continued .... 371

Index. 587

Page
Convention, Massachusetts Universalist, may hold additional real

and personal estate 5"

Cordis, Francis T., homestead estate of, title confirmed . . . 382
Corporations, to make weekly payment of wages . . . . 73

may issue special stock to be held by their employees only . loG
certain foreign, returns of . . . . . . . . 176

Costs, annual return of, to be made to the secretary of the Common

wealth 131

Cottage City, town of, water supply for 257

Cottage City and Edgartown, towns to maintain bridge between . 52
fisheries protected in waters of . . . . . . . 178

Cottage City Gas Company, may supply electricity for purposes of

power and lighting 139

Councillor districts, established 348

County tax, granted to Hampshire County 378

County taxes, granted 369, 378

County treasurer of Essex County, salary of ....

Worcester County, salary of . . . .

Couplers, sa'fety, on freight cars, to be tested Ijy the railroad com
rnissioners .........

Court, contempt of, commitments for, etc. .....

Court, district, East Boston, established

Southern Berkshire, clerk to be appointed

Western Hampden, established

Hampshire, salary of- clerk

Eastern Middlesex, first, salary of justice
Eastern Middlesex first, salary of clerk ....
Eastern Middlesex, second, salary of justice .
Eastern Middlesex, third, salary of clerk ....
Southern Middlesex, first, salary of clerk
Court, municipal, of the city of Boston, salaries of constables

of the Charlestown district of the city of Boston, salaries of

constables ....
of the Dorchester district of the city of Boston, salary of

clerk

of the East Boston district abolished, and the East Boston
district court established
Courts, municipal, of the Brighton and West Roxbury districts of
the city of Boston, salaries of constables ....
Court, police, Holyoke, salary of justice
Lowell, salaries of justice and clerk
Lj^nn, salary of justice
Newton, salary of clerk
Springfield, salary of clerk
Courts, police, may order defendant to file an answer in civil cases
Court, probate, may authorize the release of estate of an insane mar
ried man as tenant by the curtesy
Hampden County, salary of judge

113

192
171

21
311
142

87
130
131

97
130
127
112

114

123
124
271
127
128
127
54

193
142

upon

588 Index.

Page
Court, probate, for Hampshire county, sessions of ... . 121

Middlesex County, salary of judge 140

Plymouth County, salary of judge 140

Court, superior, justice may order process to be issued by the clerk
in the county where sitting, instead of that where cause is

pending ... 171

additional justice to be appointed 35

primary declaration for naturalization may be filed in, at any

time 41

a suitable place for, to be provided in Brockton . . . 168
in the county of Suffolk, salaries of officers in attendance . 38
Court, supreme judicial, justice may order process to be issued by
the clerk in the county where sitting, instead of that where

cause is pending 171

primary declaration for naturalization may be filed in, at any

time

salaries of officers in attendance ....
Courts, clerks of, may imprint fac-similes of their signatures
certain processes issued by them ....
may administer oaths in naturalization, etc.
Creamery Company, Concord, incorporated
Criminal processes, may be served by any officer authorized to

criminal process in any county ....
Criminal prosecutions, form of complaints ....
Cunningham, William E., allowance to ....
Curtesy, estate of tenant by the, may, by authority of the probate

court, be released by guardian of an insane married man . 193

Danforth, E. R., taxes may be refunded to, by the town of Stone-
ham, 77

Davis, Robert C, allowance to 364

Davis, Theodore E., allowance to 366

Deaf mutes, New England Industrial School for, allowance to . 374

Deaf mutes and blind, care and education of 191

Debtor, insolvent, schedules to be furnished by, to the messenger . 253

relating to matters avoiding discharge of 295

Dedham, town of, may raise money for celebration of anniversary of

its incorporation 35

Dedham Historical Society, may hold real and personal estate and

erect and maintain a building 33

Dedham and Hyde Park Gas Company, name changed to Dedham

and Hyde Park Gas and Electric Light Company . . . 154
Defendant, may be required to file answer in police courts . . 54
may require adverse parties claiming funds in his hands to in-
terplead 242

Dennis, William D., allowance to 382

41
38

19
41
49

194
48

378

Index.

589

and manu

Dennis and Yarmouth Improvement Company, incorporated

Discharge in insolvenc}', relating to matters avoiding

Discharged female prisoners, temporary asylum for, charter amended

allowance to ... . .....

District-attorneys to institute proceedings for violations of condi

tions of leases of great ponds
District court, East Boston, established

Southern Berkshire, clerli to be appointed

Western Hampden, established .

Hampshire, salary of clerk

Eastern Middlesex, first, salary of justice

Eastern Middlesex, first, salary of clerk

Eastern Middlesex, second, salary of justice

Eastern Middlesex, third, salary of clerk .

Southern Middlesex, first, salary of clerk
District police, chief to furnish form of notice to be posted in manu
facturing establishments .....

chief to keep record of accidents, etc., in factories

facturing establishments

Districts, councillor, established

Districts, senatorial, established

Divorce, unlawful or fraudulent decrees of, penalty for procurin
Dogs, certificates of appraisal of damage done by; time fixed for
paying over license fees

known as bloodhounds, etc., not allowed to be at large
Dolan, Matthew, justice of the peace, acts confirmed
Dorchester district of the city of Boston, municipal court of, salary

of clerk

Drainage of East Boston, relating to .
Drainage of valleys of Mystic, etc., rivers,
be printed ....

compensation of commissioners on

commissioners to turn over papers,
board of health
Drains, main, and common sewers, lien of

tinue for two years .
Drugs and food, adulteration of .
Duchesney, Lawrence N., allowance to
Dummer, William, Lieutenant-governor, portrait of .
Durgin, Lucretia D., administratrix, allowance to
Dwellings Association, Improved, of Springfield, incorporated

extra copies of report to

plans, etc., to the state

assessments for, to con

Page

125

295

137

195

311

142

87
130
131

97
130
127

201
348
319
326

200
324
383

97
167

362
364

388

157
133
367
383

386
218

East Boston, relating to drainage of 167

East Boston district court, established 21

East Bridge water, town of, portion of old graveyard in, may be taken

for widening Central street 92

590 Index.

Pair

Eastern Middlesex, first district court of, salary of justice . . 130

first district court of, salar}' of clerk 131

second district court of, salary of justice 97

third district court of, salary of clerk . ' . . . . 130
Eastern Railroad bridge over Rowley River, alteration or discontinu-
ance of draw in ; damages to be estimated .... 201
Eastern, Boston and Maine and other railroads, may maintain a union

passenger station in Boston 254

Edgartown and Cottage City, towns to maintain bridge between . 52

fisheries protected in waters of 178

Education of children, who are both deaf mutes and blind . . 191
Education, board of, to report upon methods of a bill to establish a

half-mill fund, etc 384

to report upon distribution of the school fund .... 372

Election oflicers, in towns where voting precincts are established . 209

Elections held in towns, recount of ballots cast at .... 202

Elections, contested, publication of, to be continued .... 371

Electric Light Company, Gas and, Marblehead, name established . 171

Electric Light and Power Company, Milford, incorporated . . 192
Electric light, may be furnished to Charlestown and Somerville by

the Charlestown Gas Company 228

may be furnished by the Woburn Gas Light Company . . 349
Electric Street Railway Company, Wiuthrop, incorporated . . 303
Eligibility to office of members of city councils, relative to . . 93
Embankment Company, Charles River, time extended for perform-
ance of certain work 122

Embezzlement of property of voluntary associations, punishment for, 306

Employees, accidents to, to be reported 201

Employees, railroad, for protection of 94

Employees of corporations, may hold special stock .... 156

weekly payments to 73

Employers and employees, state board' of arbitration and concilia-
tion to settle differences between 204

Engineers of fire departments, may be removed from oflSce by select-
men of towns 91

in cities, to be forest firewards 257

Episcopal Clerical Fund, Trustees of, name changed to the Society

for the Relief of Aged or Disabled Episcopal Clergymen . 130
Essex Company, the city of Lawrence to maintain a bridge over the

south canal of, on Broadway, in said city .... 38
Essex County, register of probate and insolvency in, clerical assist-
ance for 91

salary of treasurer 113

Evening high schools, to be established in cities of fifty thousand in-
habitants 184

Everett, town of, may raise money by taxation to extend water

works 242

Examiners, medical, in Plymouth County 67

Index. 591

Page
Examination and test of safety couplers on freight cars bj' the rail-
road commissioners 192

Execution, rodemption of lands set ofl" on ...... 7;^.

Executors and administrators, sale of real estate by, at private sale, 114

Eye and Ear Infirmary, Massachusetts Charitable, allowance to . 3G5

Factories and manufacturing establishments, accidents to be re-
ported forthwith to chief of district police .... 201
notices of hours of labor to be posted in ..... 76
communication between engineer's room and machinery, etc., 134

Fall River, city of, water supply for 352

Feeble-minded, Massachusetts School for the, concerning . . . 261

Fees of appraisers and others appointed under legal process . . 114

Fees and expenses of agents for arrest of fugitives from justice . 218
Fees, costs, fines, etc., annual return of, to be made to the secretary

of the Commonwealth 131

Female prisoners, discharged, temporary asylum for, charter

amended 86

allowance to 137

Fidelity insurance companies, money paid to, for acting as surety

on probate bonds, chargeable against estate . . . .177
Field, Cyrus W., and others, petitioners in the matter of the sale by
the state of bonds of the New York and New England Rail-
road Company, have leave to withdraw 396

Fire departments, engineers of, may be removed from office by select-
men of towns 91

Fire District, Great Barrington, proceedings at last annual meeting

confirmed 213

sidewalks, crosswalks, common sewers and main drains in • 236

Fire District, Lee, proceedings confirmed 253

Pittsfield, sidewalks, drains, etc., in 82

Turners Falls, water supply for 213

Fire insurance companies, certain mutual, may insure property in

any part of the United States or Canada .... 170

Fire marshal of the city of Boston, oflfice established . . . . 353

Fires, protection of forests from 256

First Parish in Medway, name changed 142

First Unitarian Parish, the, of Ayer, name established ... 40
Fisheries, opposite Barnstable and Mashpee, blueflsh not to be seined

within three miles of shore 152

in Buzzard's Bay, protection of 144

in the waters of Edgartown and Cottage City, protection of . 178
in North River in the county of Plymouth, regulated . .129

reports concerning and laAVS regulating, to be published . . 376
Fisheries, inland, commissioners on, to institute proceedings for

violation of conditions of leases of great ponds . . . 195

592 Index.

Page

Fisheries, inland, commissioners on, to be game commissioners . 233

Fishing vessels seized by Canadian authorities, resolutions relating to, 395
Fitchburg, city of, board of trustees of public burial grounds of,

established ' ... 79

Fitchburg Eailroad Company, city of Cambridge may repay certain

money to • . . . 270

provisions affecting . . . 133

Flats, Commonwealth's, at South Boston, concerning • . . 375

Food and drugs, adulteration of 133

Foreign mining, quarrying and oil companies, returns of . . . 176
Forest Hills Avenue, passenger station at, to be maintained by New

York and New England Railroad 350

Forests, for better protection of, from fires 256

Form of complaints in certain criminal prosecutions ... 48
Framingham, Home for Aged Men and Women in, incorporated . 129
state normal school at, allowance for erection of a boarding-
house, etc. 377

Franklin County, commissioners to erect a new jail and house of

correction in Greenfield 294

Franklin Typographical Society, may hold additional real and per-
sonal estate .......... 115

Free institute of industrial science, Worcester County, allowance to, 377
Freight cars, protection of brakemen on, railroad commissioners to

investigate and report concerning 370

safet}'^ couplers on, to be tested by the railroad commissioners, 192

Fresh Pond, city of Cambridge may construct dam in . . . 327

Fugitives from justice, fees and expenses for arrest of . . . 218

Game, preservation of 232

Game, shooting of wild fowl from boats in waters of Nantucket

prohibited 194

Game commissioners, commissioners on inland fisheries to be . . 233

may permit killing certain birds, etc. 233

Gas, inspection of 196

Gas commissioners, to prescribe form in which gas companies shall

keep books and accounts 345

additional copies of report to be printed . . . . . 366

Gas companies, books and accounts, bonds, leases and meters . . 345
Gas Company, Charlestown, may furnish Charlestown and Somer-

ville with electric light 228

Cottage City, may supply electricity for purposes of power

and lighting 139

Dedham and Hyde Park, name changed, and may furnish elec-
tric light 154

Gas Light Company, Chelsea, may hold additional real estate, and

may furnish gas in town of Revere 197

Index. 593

Pago

Gas Lijiht Companj', Marblehcad, name changed .... 171

South Boston, may increase capital stock 128

"Woburn, may furnish electric light 349

Gas and Electric Light Company, Dedham and Hyde Park, name

established 154

Marblehead, name established 171

General Statutes, table of changes in 483

Gettysburg, battlefield at, erection of monuments on . . 9, 375

Gifford, Stephen N., late clerk of the senate, resolutions on the

death of 394

in favor of widow of . . . 376

Gladstone, William E., resolutions of admiration and respect . . 392
Gloucester, city of, ward eight in, to be divided into two voting

precincts 143

Gloucester, city of, and town of Rockport, may sell their town

landings 347

Governor, address of, to the legislature 397

messages of, to the legislature, 429

requested to set apart the last Saturday in April as Arbor Day, 370
with advice of the council, to appoint a state board of arbitra-
tion and conciliation ........ 204

Avith aijproval of the council, may employ counsel to defend

actions brought to recover bank taxes, etc 310

with consent of the council, to appoint a suitable person to

prepare a new index of the Public Statutes .... 384
Governor and council, to report plan for taking lands in vicinity of

state house for state purposes 388

Grafton, town of, water supply for 157

Great Barrington, town of, Berkshire Heights Land Company incor-
porated 42

Bei'kshire Heights Water Company of, incorporated . . 278
Great Barrington Fire District, proceedings at last annual meeting

confirmed 213

sidewalks, crosswalks, common sewers and main drains in . 236
Greely, Lieut. Adolphus W., resolution tendering the thanks of the

Commonwealth to 393

Greenfield, commissioners of Franklin County to erect new jail and

house of correction in 294

Greylock Park Association, may increase capital stock and make

rules for use of property 122

Guardian of an insane married man, release of estate as tenant by the

curtesy 193

Hampden, county of, judge of probate court for, salary established, 142

Hampden, Western, district court of, established .... 142

Hampshire, district court of, salary of clerk 87

594: Index.

Pago

HampsMre, county of, commissioners may borrow money to build a

court house . . . . - - . . . .151

probate court of, sessions 121

granted a county tax 309, 378

Hancock, General Winflekl Scott, resolutions ou the death of . .391

Hanson, town of, in favor of 366

Harbor and land commissioners, to have charge of the public lands, 121
Harbor and land commissioners and railroad commissioners jointly
to estimate damages from alteration or discontinuance of
draw in Eastern Railroad bridge over Eowley river . . 201

379
157
273
89
384
82
230
252

Harmon, Z. K., allowance to

Hassanamisco Water Company, incorporated ....
Haverhill Aqueduct Company, provisions affecting .
Haverhill, Heal Estate Improvement Company of, incorporated

Hawkes, Edward C, allowance to

Health, state board of, re-established

to have care of inland waters

duties in regard to impure ice

High schools, evening, to be established in cities of fifty thousand

inhabitants 184

Hillman, Samuel, granted an annuity 369

Hingham Water Company, may increase its water supply ... 74
Historical Society, Dedham, may hold real and personal estate . 33

Holbrook, town of, water supply for 224

Holyoke, city of, municipal debt of 138

police court of, salary of justice 124

Home for Aged Couples, name established 70

Home for Aged Men and Women, in Framingham, incorporated . 129
Home Missionary Society, Massachusetts, may hold additional per

sonal property 94

Home, Soldiers', in Massachusetts, Trustees of, charter amended . 35

allowance to 364

Home rule in Ireland, resolutions of sympathy 392

Hoosac Valley Street Railway Company, may issue mortgage bonds

and transport freight 138

Hopedale, town of, incorporated 98

Hospital, Massachusetts General, charter amended . . . -112
Hours of labor in manufacturing establishments, notices to be posted, 76
Houses of correction and jails, to be kept clean and thoroughly

whitewashed with lime 173

Hudson, town of, may make an additional water loan . , . 153
Huntington, town of, liable for defects, etc., in certain bridges . . 78

Ice, impure, to prevent sale of 252

Imitation butter, inspection and sale of • 287

Improved Dwellings Association of Springfield, incorporated . . 2l8

Index. 595

Page

Improvement Companjs Dennis and Yarmouth, incorporated . . 125

Improvement Corapan}', Real Estate, of Haverhill, incorporated . 89

Iniiex, new, of the Public Statutes, to he prepared and printed . . 384

Indij:;ent and ncijlected children, relatin<^ to 308

Industrial science, Worcester County free institute of, allowance to, 377
Inland fisheries, commissioners on, to institute proceedings for viola-
tions of conditions of leases of great ponds .... 195

to be game commissioners 233

reports of, etc., to be published 376

Inland waters, purity of, to be protected 230

Insane hospital, state, at Tauntoa, trustees may exchange lands with

Edward I. White 3S2

Insane hospital at Westborough, allowance for current expenses,

completion of buildings, etc 377

Insane, chronic, at state workhouse in Bridgewater, building to be

erected for . . . . . . . , . .168

Insane married man, estate of tenancy by the curtesy, may be released, 193

Insane persons, commitment and custody of 292

Insolvency, discharge in, relating to matters avoiding . . . 295
Insolvent debtors, schedules required to be furnished by, to the mes-
senger in relation to 253

Inspection of gas, relating to 196

Inspection of milk, in relation to . . . . « . . . . 290

Inspection and sale of imitation butter, in relation to . . . 287

Inspector and assayer of liquors, salary established .... 137

Inspectors of factories, duties in regard to communication between

rooms, etc. .......... 134

Institutions for savings. (See Savings Banks.)

Instruction of prisoners in the state prison 149:

Insurance commissioner, insurance laws to be revised and codified by, 387

clerical assistance for 142

Insurance companies, fidelity, money paid to, for acting as surety on

probate bonds, chai-geable against estate .... 177
Insurance companies, certain mutual, may insure property in any

part of the United States or Canada 170

Insurance Company, Boston Marine, may insure property on land

against loss by fire 85

Boylston Mutual, name changed to the Boylston Insurance

Company 51

Insurance laws, to be revised and codified 387

Intoxicating liquors, licenses to sell, form of ballot in voting upon

question of granting 43

Ireland, Home rule for, resolutions of sympathy .... 392

Jails and houses of correction, to be kept clean, and thoroughly

whitewashed with lime I73

596 Index.

Page
Jamaica Pond Aqnednct Corporation, property of, may be purchased

by the city of Boston 150

Judicial department 47(5

Justice of the peace, Albert J. Bamfard, acts confirmed . . . 387

Matthew Dolan, acts confirmed 383

Thomas McGovern, acts confirmed . . . . . . 382

Knitted Carpet Lining Company, name changed to Knitted Mattress

Company • .72

Knox, George T., of San Francisco, California, acts done as commis-
sioner for Mass. confirmed 287

Konliapot Valley Railroad Company, incorporated .... 311

Labor, bureau of statistics of, to present to the legislature annually

certain statistics of manufactures 135

to l)e provided with rooms, etc. 379

portion of report to be re-printed 381

Labor, hours of, in manufacturing establishments, notices to be

posted by employer 76

pajTTient of wages by corporations to be made weekly . . 73
state board of arbitration to be appointed to settle differences

between employers and employees 204

Laboratory building at the Massachusetts Experiment Station . . 366

Land, sale of, for taxes 293

sale of, by executors, etc., at private sale 114

sale of, by savings banks, etc 70

Land in Boston, taken for a court house, released to former owners, 146

taken for registry of deeds, etc. 90

Land Company, Berkshire Heights, incorporated . . . . 42
Lands in vicinity of state house for state purposes, governor and

council to report plan for taking 388

Lands set off on execution, redemption of 73

Lands, public, in charge of board of harbor and land commissioners, 121
Larceny, simple, embezzlement of property of a voluntary association

to be deemed 306

Lawrence, city of, to maintain a bridge os'er the south canal of the

Essex Compauy, on Bi'oadway, in said city .... 33

Tower Hill Congregational Society of, name changed . . 128

Leases of great ponds, proceedings for violations of conditions of . 195

Lee, town of, aid granted to ........ 381

Lee Fire District, proceedings of annual meeting confirmed . . 253

Legislature, compensation of members of 352

Lenox, town of, may construct a system of sewage disposal . . 227

Leydeu, town of, part of, annexed to Bernardston . . . • 147

Index.

597

Page

Library, state, clerical assistance for 54

Licenses for sale of intoxicating liquors, form of ballot in voting

upon question of granting ....... 43

Licenses to plant, dig, etc., oj'sters, concerning .... 264

Licensing conductors, etc., of street railsvay cars in Cambridge . 88

Licensing of plumbers in the city of Newton 88

Lien of assessments for main drains, etc., to continue for two years, 157

Lincoln, Benjamin C, in favor of 381

Liquors, inspector and assayer of, salary established .... 137
Liquors, intoxicating, form of ballot in voting upon question of

granting licenses for sale of 43

Loans by savings banks and institutions for savings on personal se-
curity 56

Lord's Day, sales by bakers, may be made during certain hours of . 71

Loring, Edward P., allowance to 371

Lowell, police court of, salaries of justice and clerk .... 271
Lowell, Society of Oblate Fathers for Missions, etc., at, may hold

real and personal estate . . . . . . . .41

Ludlow, town of, in favor of . 383

Lunacy and charity, state board of, name established . . 83, 85

Lunatic hospital, state, at Taunton, trustees may exchange lauds with

Edward I. White 382

Lyman school for boys, at Westborough, allowance for completion,

etc., of buildings 371

Lynn, city of, may make new division of wards 72

police court of, salary of justice 127

to increase number of the common council .... 197
relating to digging up public ways in, by the Marblehead Wa-
ter Company 327

Lynn and Boston Railroad Company, charter amended ... 32

Main drains and common sewers, lien of assessments for, to continue

for two years 157

Maiden, city of, may be divided into seven wards, and ofl5ce of alder-

man-at-large abolished 150

may issue additional water fund bonds . . . . • . 255
Manchester and Keene Railroad, may unite with the Boston and

Lowell Railroad 95

Mansfield, village of, water supply for 312

Manufactures, certain statistics of, to be presented to the legislature

annually 135

Manufacturing establishments, hours of labor, notices to be posted

by employer 76

communication between rooms where machinery is placed and

the engineer's room 134

accidents to be forthwith reported to chief of the district police, 201

598 IxDEx.

Pnge

Marblehead, town of, water supply for 299

Marblehead Gas Light Company, name changed to the Marblehead

Gas and Electric Light Company 171

Marblehead Water Company, relating to digging up public ways in

city of Lynn 327

Marine Insurance Company, Boston, may insure property on land

against loss by fire 85

Marlborough, town of, proceedings in relation to water supply con-
firmed 169

Marriages, relating to validity of 38

Married man, insane, release of estate as tenant by the curtesy . . 193
Mashpee and Barnstable, bluefish not to be seinfed within thi-ee miles

of the shores of 152

Massachusettts Agricultural College, allowance to ; scholarships con-
tinued 371

allowance for repairs and improvements 380

Massachusetts Agricultural Experiment Station, laboratory building

at 3G6

Massachusetts Baptist Charitable Society, may hold additional real

and personal estate 57

Massachusetts Baptist Convention, may hold additional real and per-
sonal estate 40

Massachusetts Charitable Eye and Ear Infirmary, allowance to . 365
Massachusetts General Hospital, charter amended .... 112
Massachusetts Home Missionary Society, may hold additional per-
sonal property 94

Massachusetts New Church Union, may hold additional property . 71

Massachusetts School for the Feeble-minded, concerning . . . 261
Massachusetts school fund, board of education to report concerning

distribution of 372

Massachusetts reformatory, sentences to, and terms of imprisonment

therein 296

allowance for a barn, repairs, etc 374

prisoners discharged from, aid for 387

Massachusetts Universalist Convention, may hold additional real and

personal estate 57

McGrath, Mary, granted an annuity 369

McLaughlin, Charles, allowance to 365

McLaughlin, Nancy, allowance to 365

McGoveru, Thomas, justice of the peace, acts confirmed . . . 382

Medical examiners and districts, in Plymouth County ... 67

Medway, First Parish in, name changed 142

Melvin, Cynthia G., allowance to 380

Memorial purposes, towits may grant money for .... 69

Messenger corps, soldiers', allowance to . . ... . . 373

Middlesex County, copies to be made of records and plans in regis-
try of deeds for southern district, and deposited in registry

for northern district 80

290

142

57
77
94

373

120

265

Index. 599

Page
Middlesex County, probate court for, salary of judi^e . . .140
Milford, town of, divided, and part incorporated as town of Hope-
dale 98

Milford Electric Light and Power Company, incorporated . . 192

Military property loaned to towns, schools, etc., accounts to be ad
justed by the quartermaster-general ....

Militia, relating to

Milk, inspection and sale of

Millis, Church of Christ in, name established ....
Minors under sixteen years of age, sale or gift of tobacco to, pro

hibited

Missionary Society, City, powers enlarged ; additional estate .

Massachusetts Home, may hold additional personal property
Missions among the Poor, Society of Oblate Fathers for, may hold

real and personal estate

Monroe, town of, allowance to

Montgomery Liglit Guard Veteran Association, incorporated .
Mortgage, railroads sold under foreclosure of, rights and duties of

purchasers

Mortgage and Debenture Company, National, in Boston, incor

porated

Monument in commemoration of the battle of Bennington, erection

of monument aided 255, 367

Monuments on battlefield at Gettysburg, allowance for . . 9, 375

MuUins, Catherine, in favor of 370

Municipal court, of the city of Boston, salaries of constables . . 112
Brighton and West Roxbury districts, salaries of constables . 123
Charlestowu district of the city of Boston, salaries of con-
stables 114

Dorchester district of the city of Boston, salary of clerk . 97
East Boston district abolished, and the East Boston district

court established 21

Murdock Fund, Trustees of the, incorporated 285

Mutual fire insurance companies, certain, may insure property in any

part of the United States or Canada 170

Mutual Insurance Company, Boylston, name changed ... 51
Mystic, Blackstone and Charles rivers, report on drainage of valleys

of, extra copies to be printed 362

compensation of commissioners ...... 364

Nahant, town of, may assist in maintenance of communication by

water with Boston 141

Names changed . . . . . . . . . . .451

Nantucket, town of, preservation of the public health in . . . 268
Nantucket, shooting of wild fowl from boats in waters in and

around, prohibited 104

600 Index.

Page

Nantucket County, sheriff may retain fees for service of processes . 34
Nantucket and Cape Cod Steamboat Company and the New Bedford,
Vineyard and Nantucket Steamboat Company, may form one

corporation .......... 15

Nashua and Lowell Railroad, may unite with the Boston and Lowell

Railroad 95

National Mortgage and Debenture Company, in Boston, incor-
porated 265

Naturalization, application to the courts for 152

Naturalization cases, primary declaration in supreme judicial court

and superior court ; oath administered by clerk ... 41
Naumkeag Street Railway Company, may purchase the Salem Street

Railway ; charter amended 34

may issue mortgage bonds 120

Negligence of street railway corporation, loss of life by . . .117

New Bedford, city of, jail and house of correction, to be enlarged, 124, 1G6

overseers of the poor of ....... . 272

New Bedford, Vineyard and Nantucket Steamboat Company and the
Nantucket and Cape Cod Steamboat Company, may form one

corporation .15

New Church Union, Massachusetts, charter amended ... 71
New England Aid Society for the Aged and Friendless, name changed

to Home for Aged Couples 70

New Eugland Conservatory of Music, to make annual return to the

commissioner of corporations ...... 123

New England Industrial School for deaf-mutes, in favor of . . 374

New Hampshire boundary line 379

New York and Boston Inland Railroad, time for construction ex-
tended ........... 87

New York and New England Railroad, to maintain a passenger sta-
tion at Forest Hills Avenue In Boston 350

resolution that Cyrus W. Field and others, petitioners in the
matter of sale of bonds by the state, have leave to with-
draw 396

Newburyport, city of, salary of mayor 53

may increase its debt -. . . 197

Newton, city of, may require plumbers to be registered and licensed, 88

police court of, salary of clerk 128

Newton Street Railway Company, may be Incorporated . . . 325
Newton Theological Institution, The, name established . . .90

Nolan, Phllomena E., allowance to 3G7

Normal school, state, at Brldgewater, allowance for land, furniture

and repairs 3G4

Framingham, allowance for erection of boarding-house, etc. . 377

Worcester, allowance for repairs and improvements . . 373

North River, in the county of Plymouth, fisheries regulated . . 129
North Woburn Street Railroad Company, may Increase capital and

extend tracks throughout Woburn and Winchester . . 174

Index. 601

Page

Nortliborougli, town of, may settle with certain of its inliabitants for

damages 208

Northampton, city of, may renew portion of water bonds . . .81

new court house in 151

Norwicli bridge, in Huntington, town liable for damage from defect

in • ... 78

Norwich and "Worcester and the Providence and "Worcester Railroads
may cross certain tracks in Worcester and maintain auto-
matic signals 133

Norwood, town of, may make an additional water loan . . . 156

Oblate Fathers for Missions among the Poor, may hold real and per-
sonal estate .......... 41

Officers, to make annual return of fees, fines and forfeitures, etc., to

the secretary of the Commonwealth 131

Oleomargarine, sale of 287

Onset Street Railway Company, incorporated 247

Overseers of the poor, w^omen may be elected ..... 124

Oysters, licenses to plant, dig and grow, concerning . . , . 264

Pardons, granted 429

Park, public, in Boston, time for completion extended ... 54

Parks, public, in Boston, loan to construct authorized . . . 269

Park, public, in Chelsea, city may lay out and maintain ... 71

Payment of wages by corporations, weekly 73

Pemigewasset "Valley Raih'oad, provisions affecting .... 234
Peterborough Railroad, may unite with the Boston and Lowell Rail-
road 95

Pickering, Mark, allowance to 363

Pickman, Benjamin T., formerly president of the Senate, resolution

of thanks for portrait of . . . , 393

Piper, Benjamin C, allowance to . 363

Pitcher's bridge, in Huntington, town liable for damages from defect

in 78

Pittsfield, town of, sidewalks, drains, etc., in fire district of . . 82
Plainville, Union Congregational Church in, in Wrentham, incorpo-
rated 50

Plainville Water Company, incorporated 101

Plumbers in the city of Newton, may be required to be registered and

licensed 88

Plymouth, town of, additional water supply for 283

Plymouth County, probate court of, salai-y of judge .... 140
commissioners may take portion of the old graveyard in East

Bridgewater for widening a street 92

602

IXDEX.

Plymouth County, commissioners of, salaries established .
medical examiners and their districts in ,
to provide a suitable place in Broclitonfor the superior court

Police court of Holyoke, salary of justice

Lowell, salaries of justice and clerk

Lynn, salary of justice

Newton, salary of clerk

Springfleld, salary of clerk . . . , .

Police courts, may order defendant to file answer in civil cases
Police, district, chief to furnish form of notice to be posted in manu

facturing establishments

chief to keep record of accidents, etc., in factories and manu

facturing establishments

duties concerning communication between rooms in manu
facturing establishments ......

Polls and estates of the several cities and towns, established
Ponds, great, proceedings for violations of conditions of leases
Portraits of speakers Sedgwick, Varnum and Banks, to be furnished
for the national capitol at Washington ....

Precinct voting in towns, provided for

Precincts, voting, in cities, notice of changes in, to be sent to the

secretary of the Commonwealth

Precincts, wards and assessment districts, in cities, established

Primary declarations in naturalization cases, may be filed in supi'eme

judicial court and superior court at any time, and oath may

be administered by the clerk

Prison, state, plans to be obtained for increasing number of cells in,

number of cells in, to be increased

Prison for women, reformatory, allowance for repairs, etc.
Prisoners, discharged female, temporary asylum for, charter amended

temporary asylum for, allowance to

Prisoners in state prison, instruction of

Prisoners sentenced to Massachusetts reformatory, terms, etc.
Prisoners discharged from the Massachusetts reformatory, aid for
Prisons, commissioners of, salary of secretary, established

commissioners of, to obtain plans for cells in state prison
Probate bonds, sureties on, money paid to corporations, etc., for

acting as, may be allowed against the estate .
Probate court, may authorize the release of estate of an insane mar

ried man as tenant by the curtesy

Probate court, for the county of Hampden, salary of judge

Hampshire, sessions of

Middlesex County, salary of judge

Plymouth County, salary of judge .."...
Profit sharing, report of bureau of statistics of labor relating to, to

be reprinted

Property of incorporated temperance societies exempted from taxa
tion

Paste
196

67
168
124
271
127
128
127

201

134
57

195

368
206

70
244

41
362
378
374

86
137
149
296
387
231
3«2

177

193
142
121
140
140

381

177

Index. 603

Page
Propert}' of the Yarmouth Camp Meeting Association exempt from

taxation ........... 177

Prosecutions, criminal, form of complaints in certain ... 48
Protestant Episcopal and Reformed Episcopal Churches, in relation to, 185
Providence and Worcester and the Norwich and Worcester Railroads,
ma}' cross certain tracks in Worcester and maintain auto-
matic signals .........

Public lands, to be in charge of the harbor and land commissioners

Public records, for better protection of

Public schools, tenure of office of teachers in ....

bill to establish a half-mill fund for support of, to be consid

ered, etc

disposition of fund for, to be considered and reported upon
Public Statutes', new index to be prepared and printed

table of changes in

Public warehouse receipts, relating to

Purity of inland waters, to be protected

138
121
155

285

384
372
384
561
199
230

Quartermaster-general, to adjust accounts relating to loans of military

property, and to require returns to be made .... 87
Quincy Water Company, charter amended 149

Railroad passenger station, union, may be maintained by railroads

entering the northerly side of Boston 254

Railroad commissioners, to investigate and report concerning protec-
tion of brakemeu on freight cars ...... 370

to examine and test safety couplers on f reiglit cars . . 192

Railroad corporations, may associate with employees in forming

relief societies 97

Railroad employees, for protection of 94

Railroad sold under foreclosure of mortgage, rights and duties of

purchasers and their grantees, etc. 120

Railroad commissioners and harl)or and land commissioners jointly
to estimate damages from altering or discontinuing draw in
bridge of Eastern Railroad over Rowley river . . . 201
Railroad Corpouatioxs :

American and Mexican Pacific, name changed to the Texas,

Topolobampo and Pacific Railroad and Telegraph Company, 287
Ashuelot, of New Hampshire, may be consolidated with the

Connecticut River Railroad 22

Boston and Albany, provisions afiecting 133

Boston, Barre and Gardner, provisions affecting . . . 133
Boston and Lowell, may unite with the Nashua and Lowell,
the Stony Brook, the Wilton, the Peterborough and the
Manchester and Keeue Railroads 95

604: Index.

Page

Railroad Corporations — Concluded.

Boston and Lowell, maj' unite with the Boston, Concord and
Montreal, the Pemigewasset Valley, the Whitefleld and Jef-
ferson, and the St. Johnsbur}' and Lake Champlain Railroads, 234
Boston and Maine, lease of Worcester, Nashua and Rochester

Railroad by, confirmed 78

Boston, Concord and Montreal, provisions affecting . . 234
Connecticut River, may unite with the Ashuelot Railroad in

New Hampshire 22

Eastern, and Boston and Maine, etc., union passenger station, 254
Fitchburg, city of Cambridge may repay certain money to . 270
Fitchburg, provisions affecting ....... 133

Konkapot Valley, incorporated 311

Lynn and Boston, charter amended 32

Manchester and Keene, provisions affecting .... 95
Nashua and Lowell, provisions aflecting ..... 95
New York and Boston Inland, time for construction extended, 87
New York and New England, to maintain a passenger station

at Forest Hills Avenue, in Boston 350

Norwich and Worcester, may cross certain tracks in Wor-
cester 133

North Woburn Street, may increase capital and extend tracks

throughout Woburn and Winchester 174

Pemigwasset Valley, provisions affecting 234

Peterborough, provisions affecting 95

Providence and Worcester, may cross certain tracks in Wor-
cester 133

St. Johusbnry and Lake Champlain, provisions affecting . . 234
Stoneham Street, may maintain railway in Woburn, Saugus

and Maiden 139

Stony Brook, pi'ovisions affecting 95

Whitefleld and Jefferson, provisions affecting .... 234

Wilton, provisions affecting ....... 95

Worcester, Nashua and Rochester, lease to the Boston and

Maine, confirmed 78

Worcester, Nashua and Rochester, savings banks may invest

in bonds and notes of 137

Worcester, Nashua and Rochester, provisions affecting . . 133
Railwa}'^ companies, street, may use the cable system as a motive

power 318

Railway companies, street, in Boston, may consolidate and use cable

system of motive power 175

Railway, street, corporations, actions of tort against, for loss of life

by negligence 117

Railway Company, Hoosac Valley, may issue mortgage bonds and

transport freight 138

Naumkeag Street, may purchase franchise and property of the
Salem Street Railway 34

Index. 605

Page
Raihva.v Company, Naiimkeac: Street, may issue mortgage bonds . 120

325
247
303
224
270

70
114

80
199
155
202

Newton Street, may be incorporated

Onset Street, incorporated

Wintlirop Electric Street, may be incorporated

Randolph, town of, water supply for

Rape, punishment for

Real estate, sale of, by savings banks ......

sale of, by executors and administrators at private sale .
Real Estate Improvement Company of Haverhill, incorporated .

Receipts, public warehouse, relating to

Records, public, for better protection of

Recount of ballots cast at elections held in towns

Redemption of lands set off on execution

Referees, compensation for duties performed by direction of the

supreme judicial and superior courts 44

Reformatory, Massachusetts, sentences to, and terms of imprison-
ment therein 296

prisoners discharged from, aid for 387

allowance for improvements and repairs 374

Reformatory prison for women, allowance for repairs of buildings,

etc 374

Registrars of voters, duties in towns where voting precincts are es-
tablished 207

Registration and assessment of women as voters . . . .55
Registry of deeds for southern district in Middlesex County, copies
of records and plans in, to be copied and deposited in regis-
try for northern district 80

Registry of deeds and registry of probate for the county of Suffolk . 9G
Relief societies, railroad corporations may join with employees in

forming 97

ReligioiTS Societies. (See " Societies.")

Report of commissioners on drainage of valley of Mystic, etc., rivers,

extra copies to be printed 362

Report of gas commissioners, extra copies to be printed . . . 366
Report of commissioners on survey and map of Massachusetts,

additional copies to be printed 369

Representatives, apportioned to the several counties .... 198

meeting of clerks to determine choice of 203

Resolutions relating to the seizure of American Ashing vessels by

the Canadian authorities 395

of respect and admiration for William E. Gladstone and of

sympathy with home rule for Ireland 392

tendering thanks for portrait of Benjamin T. Pickman,

formerly president of the Senate 39,3

on the death of Stephen N. Gifford, late clerk of the Senate . 394

606

Index.

Page
Resolutions tendering the thanks of the Commonwealth to Lieutenant

Adqlplius W. Greely 393

on the death of General Winfield Scott Hancock . . .391
on the death of Jesse B. Wheeler, late member of the House

of Representatives 395

concerning the obstruction to the passage of shad in the Con-
necticut river 392

that Cyrus W. Field and others, petitioners in the matter of
the sale by the state of bonds of the New York and New
England Railroad Company, have leave to withdraw . . 396
Returns of foreign mining, quarrying and oil companies, in rela-
tion to 1"6

Revere, town of, Chelsea Gas Light Company may furnish gas in . 197

Rockland, town of, water supply for 115

Rockport, town of, and city of Gloucester, may sell their town

landings 347

Roslindale Methodist Episcopal Church, Trustees of, proceedings

and title to lands confirmed 76

Russell, town of, allowance to 385

Russell, Charles Theodore, Jr., allowance to . . . . .371

Safe Deposit and Trust Company, Springfield, charter amended . 68
Worcester, charter amended 52

Safety couplers on freight cars, examination and test of, by the rail-
road commissioners . . . . . . • • .192

Salakies :

adjutant-general and first clerk 184

clerks in ottice of treasurer 39, 311

constables of the municipal courts of the Brighton and West

Roxbury districts of the city of Boston . . . .123
constables of the municipal court of the city of Boston . .112
constables of the municipal court of the Charlestown district

of the city of Boston 114

justice and clerk of the police court of Lowell . . . .271
commissioners of savings banks and clex'ks .... 196

court officers in Suffolk 38

clerks of the insurance commissioner 142

county commissioners of Worcester, Biustol and Plymouth

counties 196

clerk of the district court of Hampshire 87

«l<^rk of the first district court of Southern Middlesex . . 127
justice of the first district court of Eastern Middlesex . . 130
clerk of the first district court of Eastern Middlesex . . 131
justice of the second district court of Eastern Middlesex . 97
clerk of the third district court of Eastern Middlesex . . 130

Index.

607

ict of the

Salakiks — Conclufled.

clerk of the municipal court of the Dorchester distr
city of Boston

justice of the police court of nol3'oke

justice of the police coui't of Lynn .

clerk of the police court of Newton .

clerk of the police court of Springfield

judge of the probate court for Hampden County

judge of the probate court for Middlesex County

judge of the probate court for Plymouth County

inspector and assayer of liquors

secretary of the board of commissioners of prisons

second clerk in the office of the secretary of the Common
wealth

treasurer of Essex County ....

treasurer of Worcester County .

mayor of Newburyport ....
Sale of goods at auction, in relation to

certain articles by bakers on the Lord's Day

imitation butter, in relation to .

impure ice, for prevention of . . .

land bj' cities and towns for taxes

milk, concerning

railroads under foreclosure of mortgage, rights and duties
of purchasers

real estate, by savings banks and institutions for savings

real estate, by executors and administrators at private sale
Sale or gift of tobacco, to persons under sixteen years of age, pro

hibited

Salem, city of, may take tide-water lands for streets, etc. .

Salem Street Railway, may convey franchise and property to the

Naumkeag Sti'eet Railway Company
Salisbury, town of, part of, annexed to Amesbury
Sandwich, Shawme Savings Bank in, incorporated
Saugus Water Company, incorporated
Savings banks and institutions for savings, loans by, on personal
security

sale of certain real estate by

ti'easurers to give new bonds as often as once in five years

amount to be deposited in national banks, etc., limited .

may invest in bonds of the Worcester, Nashua and Rochester

Railroad Company

Savings banks, salaries of commissioners and clerks
Savings Bank, Shawme, in Sandwich, incorporated

Suffolk, for seamen and others, may hold additional real estate

Schedules required to be furnished by an insolvent debtor to the

messenger, in relation to .......

School for Deaf Mutes, New England Industrial, allowance to .

Page

97
124
127
128
127
142
140
140
137
231

185
113
113

53
252

71
287
252
293
290

120

114

57
297

244

ITS

50
70
77
78

137

196

253
374

608 IXDEX.

Page

School for the Feeble-minded, Massachusetts, concerning . . . 2G1
School for truants and absentees from school in the county of Suffolli,

establishment provided for 243

School committee of the city of Boston, organization of . . .36
School fund, Massachusetts, distribution of, to be considered and

repoi'ted upon 372

School for boys, Lyman, allowance for completion, etc., of buildings, 371

School, state normal, at Bridgewater, allowance for land, etc. . . 3G4

Framingham, allowance to 377

Worcester, allowance to ....... . 373

Schools, evening high, to be established in cities of fifty thousand

inhabitants 184

public, tenure of office of teachers in .... . 285
public, bill to establish a half-mill fund for support of, to be

considered by board of education 384

Scituate, town of, may pay the claims of certain soldiers . . . 271
Seamen, wages and lay of, exempt from attachment by trustee

process 146

Seamen, shipwrecked, transportation may be furnished to . . 138

Second district court of Eastern Middlesex, salary of justice • . 97
Secretary of the Commonwealth, to be notified of changes in voting

precincts in cities and towns ...... 70, 207

to be notified of establishment of voting precincts in tovpns . 207
annual returns of fees, etc., to be made to, and by him trans-
mitted to the auditor 131

to publish laws regulating fisheries, etc 376

salary of second clerk 185

Seduction, punishment for 307

Seizure of American fishing vessels by Canadian authorities, resolu-
tions relating to 395

Selectmen of towns, may approve of transfer of license to plant, etc.,

oysters 264

may remove from office engineers of fire departments . . 91

duties in towns where voting precincts are established, 206, 209, 210

duties in recount of votes 202

Seminary, Williston, may hold additional real and personal estate . 41

Senatorial districts, established 319

Sengekontacket Opening, bridge over, to be maintained by towns of

Edgartown and Cottage City 52

Sentences to the Massachusetts reformatory, and terms of imprison-
ment tlierein 296

Service of warrants and other criminal processes by any officer au-
thorized to serve criminal process in any county . . . 194
Shad in the Connecticut River, obstruction to the passage of, resolu-
tion concerning 592

Shawme Savings Bank in Sandwich, incorporated .... 49

Sherifl'of Nantucket, may retain fees for service of processes . . 34

Index. 609

Page

Slierills and deputies, may serve process for coiiiniitiiienl Cor con-
tempt ol" court in any county . . . . . . . 171

Shipwrecked se^-ine. , transportation may be lurnislied to . . . 138

Simpson, Malvina S., allowance to 3fi5

Societies, embezzlement of property of 306

Societies, relief, railroad corporations may join with employees in

forming ........... 97

Societies, temperance, incorporated, property exempt from taxation, 177
Societies :

for the Relief of Aged or Disabled Episcopal Clergymen,
name established . . . . . . . . .130

Boston, of Natural History, may permit killing birds, taking-
nests, etc 233

City Missionary, powers enlarged ; additional real and per-
sonal estate 77

First Unitarian Parish of Ayer, name established ... 40
Third Congregational, in Cambridge, proceedings confirmed;

may convey real estate Ill

Central Congregational Church in Chelmsford, incorporated . 195
Dedham Historical, may hold real and personal estate . . 33
Franklin Typographical, may hold additional real and personal
estate . . . . . . . . . . .115

Massachusetts Baptist Charitable, may hold additional real

and personal estate 57

Massachusetts HomCj^issionary, may hold additional personal

property 94

First Parish, in Medway, name changed to Church of Christ

in Millis 142

New England Ai'd, for the Aged and Friendless, name changed

to Home for Aged Couples 70

of Oblate Fathers for Missions among the Poor, may hold real

and personal estate 41

Roslindale Methodist Episcopal Church, proceedings and title

confirmed 76

Tower Hill Congregational, name changed to United Congre-
gational Society 128

Union Congregational Church in Plainville, incorporated . 50
Soldiers, known as one hundred days' troops, allowed state and mili-
tary aid . . 39

Soldiers' messenger corps, allowance to ..... . 373

Soldiers' Home in Massachusetts, trustees of, charter amended . 35

allowance to 364

South Abington, town of, may take the name of Standish, Brainard,

Whitman or Gran don. [Name of Whitman adopted.] . 43

water supply for 115

South Boston Gas Light Company, may increase capital stock . . 128
South Groton Christian Union of Ayer, organization confirmed and

name changed 40

610

Index.

Page
South Pocasset Cemetery Association, name changed to Cataumet

Cemetery Association 252

Southern Berlishire, district court of, clerk to be appointed . .311

Southern Middlesex, first district court of, salary of clerk . . 127
Speakers Sedgwick, Varnum and Banks, portraits to be furnished

for the national capitol at Washington 368

Special stock may be issued to employees by corporations . . 15G

Spiritual Fratex'nity, name established 37

Springfield, city of, may raise money for celebration of anniversary

of its settlement as a town . . . . . . . lo

police court of, salary of clerk 127

Springfield, Improved Dwellings Association of, incorporated . .218

Springfield Safe Deposit and Trust Company, charter amended . . 68

St. John, Osborne, allowance to . . . ■ 363

St. Johnsbury and Lake Champlain Eailroad, provisions aflfecting . 234
State aid, commissioners of, may appoint agents to investigate cer-
tain claims .......... 89

State and military aid laws extended to the one hundred days' troops

of 1864 39

State almshouse, hospital buildings to be erected at . . . . 380

State board of arbitration and conciliation to be appointed . . 204

State board of health, re-established 82

to have oversight and general care of inland waters . . . 230

duties in regard to impure ice 252

State board of lunacy and charity, name established . . . 83,85
State house, governor and council to report plan for taking lands in

vicinity of, for state purposes 388

State house and Commonwealth building, allowance for repairs, etc., 385

State library, clerical assistance for 54

State normal school at Bridgewater, allowance for land, etc. . 364

Framingham, allowance to 377

Worcester, allowance to 373

State prison, instruction of prisoners in 149

plans to be obtained for cells in 362

number of cells to be increased 378

State tax of $1,500,000, apportioned and assessed .... 328

State workhouse, chronic insane at, building to be erected for . . 168

allowance for barns, stock sheds, etc. 370

Statistics of manufactures to be presented annually to the legisla-
ture 135

Statutes, General, table of changes in 483

Statutes, Public, table of changes in 561

new index of, to be made 384

Steamboat Company, New Bedford, Vineyard and Nantucket, and the
Nantucket and Cape Cod, may consolidate undername of the
New Bedford, Martha's Vineyard and Nantucket Steam-
boat Company 15

Stock, special, may be issued by corporations to their employees . 156

Index. 611

Page
Stoneham, towu of, may refund taxes to K. R. Danforth ... 77
Stonehara Street Railroad Company, may maintain railway in Wo-

burn, Saugus and Maiden 139

Stony Brook Railroad, may unite with the Boston and Lowell Railroad, 95

Stoughton Water Company, incorporated 1S6

Street Railroad Company, Stoneham, may maintain railway in Wo-

burn, Saugus and Maiden 139

North Woburn, may increase capital and extend tracks

throughout Woburn and Winchester 174

Street railway companies, may use the cable system as a motive

power 318

Street railway corporations, actions of tort against, for loss of life

by negligence 117

Street railways in Boston may consolidate, and maintain the cable

system of motive power 175

Street railway cars in Cambridge, licensing conductors, drivers, etc.

by mayor and aldermen 88

Street Railway Company, Hoosac Valley, may issue mortgage bonds

and transport freight 138

Naumkeag, may purchase franchise and property of the Salem

Street Railway 34

Naumkeag, may issue mortgage bonds 120

Newton, incorporated 325

Onset, incorporated 247

Street Railway, Electric, Winthrop, may be incorporated . . . 303
Suflblk County, salaries of court officers established .... 38

registries of deeds and of probate in 96

Suffolk Savings Bank for seamen and others, may hold additional

real estate 28

Sunderland bridge, sale of toll house at. confirmed .... 193
Superior court, justice may order process to be issued by the clerk
in the county where sitting instead of that where cause is

pending 171

additional justice to be appointed 35

a suitable place for, to be provided in Brockton . . . 168
primary declaration for naturalization may be filed in, at any

time 41

in the county of Suffolk, salaries of officers in attendance . 38
Supreme judicial court, justice may order process to be issued by the
clerk in the county where sitting instead of that where cause
is pending .......... 171

primary declaration for naturalization may be filed in, at any

time 41

salaries of oflicers in attendance ...... 38

Sureties on probate bonds, money paid to corporations, etc., for act-
ing as, may be allowed against estate 177

Survey and map of the state, report of commissioners on, extra cop-
ies to be printed 369

612 Index.

rage
Table showiiiii' what general statutes have been affected by subse-
quent legislation 483

Taunton lunatic hospital, trustees may exchange lands with Edward

I. White 382

Tax, state, of 81,500,000 apportioned and assessed .... 328
Tax, county, granted to Hampshire County .... 369, 378
Taxation, of telephone companies, in relation to .... 226
property of incorporated temperance societies exempt from . 177
portion of property of the Yarmouth Camp Meeting Associa-
tion exempt from 177

Taxes, assessment of, additional time for, in certain cases . . 72
wrongfully assessed, may be refunded to R. R. Danforth by

the town of Stoneham 77

bank, paid to a city or town, governor may employ counsel to

defend actions brought to recover 310

county, granted 369, 378

state and county, basis of apportionment .57

sale of lands for, by cities and towns 293

Teachers in public schools, tenure of office of 285

Telephone companies, taxation of 226

Telephone Company, American Bell, limited in holding stock in cer-
tain corporations 302

Tellers, appointment of, in towns where voting precincts are estab-
lished 210

appointment of, when ballots are recounted .... 202
Temperance societies, incorporated, property exempted from taxa-
tion 177

Temporary asylum for discharged female prisoners, charter amended, 86

allowance to 137

Tenant by the curtesy, estate of an insane married man as, may be

released by authority of the probate court .... 193
Texas, Topolobampo and Pacific Railroad and Telegraph Company,

name established 287

Theological Institution, The Newton, name established . . .90
Third Congi'egational Society in Cambridge, proceedings confirmed;

may convey real estate Ill

Tisbui'y, town of, Village Cemetery Association of Vineyard Haven

in, incorporated 132

Tobacco, sale or gift of, to persons under sixteen years of age, pro-
hibited 57

Tort, action of, against a street railway corporation for loss of life

by negligence 117

Tow Boat Company, Boston, may increase capital stock ... 42
Tower Hill Congregational Society of Lawrence, name changed to

United Congregational Society 128

Index. 613

Page

Towns :

Abington, water supply for 115

Amesbiiry, part of Salisbury annexed to 244

Ashland, in favor of , 378

Bernardstou, part of Leyden annexed to 147

Canton, water supply for 131

Chatham, may take stock in a railroad corporation . . . 170

Chatham, in favor of overseers of the poor of. . . . 365

Chelmsfonl, Central Congregational Church in, incorporated, 195

Cohasset, water supply for 106

Cottage City, maintenance of bridge over Sengekontacket

Opening 52

Cottage City, water supply for 257

Dedham, may raise money for celebration of the anniversary

of its incorporation 35

East Bridgewater, portion of old graveyard in, may be taken

to widen Central Street 92

Edgartown, maintenance of bridge over Sengekontacket

Opening 52

Everett, may raise money by taxation to extend water works, 242.

Grafton, water supply for 157

Great Barriugton, Berkshire Heights Land Company in, incor-
porated 42

Great Barrington, Berkshire Heights Water Company in, in-
corporated 278

Hanson, in favor of 366

Holbrook, water supply for 224

Hopedale, incorporated 98

Hudson, may make an additional water loan .... 153

Huntington, liable for defects, etc., in certain bridges . . 78

Lee, aid granted to 381

Lenox, may construct a system of sewage disposal . . . 227

Leyden, part of, annexed to Beruardston 147

Ludlow, in favor of 383

Marblehead, water supply for 299

Marlborough, water supply for, proceedings in relation to,

confirmed 169

Milford, part of, incorporated as Hopedale .... 98

Monroe, allowance to 373

Nahant, may assist in maintenance of communication by

water with Boston 141

Nantucket, preservation of the public health in . . . 268
Northborough, may settle with certain inhabitants for

damages 268

Norwood, may make an additional water loan .... 156

Pittsfleld, fire district in, main drains, common sewers, etc. . 82

Plymouth, additional water supply for 283

Randolph, water supply for 224

614 Index.

Page

Towns — Concluded.

Rockland, water supply for 115

Rockport, and city of Gloucester, may sell their town landings, 347

Russell, allowance to 385

Salisbury, part of, annexed to Amesbury 244

Saugus, water supply for 178

Scituate, may pay the claims of certain soldiers . . .271
South Abington, may take the name of Standish, Brainard,

Whitman or Grandon. [Name of Whitman adopted.] . . 43

South Abington, water supply for 115

Stoneham, may refund taxes to R. R. Danforth ... 77
Tisbury, Village Cemetery Association of Vineyard Haven in,

incorporated . . . . . . . . . . 132

Ware, water supply for 45

Winchester, tracks of the North Woburn Street Railroad may

be extended into 174

Whitman, name established 43

Wrentham, Union Congregational Church, in Plainville, in-
corporated . . '. . . . . . • .50

Town meetings, proceedings of, of certain towns in the year 1886,

confirmed 154

Towns, may furnish transportation to shipwrecked seamen . .138
may be divided into voting precincts for choice of officers,

except town officers ........ 206

may grant money for certain memorial purposes ... 69

proceedings of the town meetings of certain, confirmed . . 154

may elect auditors at their annual meetings .... 256

clerks of, duties where voting precincts are established . 211, 212

clerks of, duties in recount of ballots 202

selectmen of, may allow transfer of license to plant, etc.,

oysters 264

selectmen of, may remove from office engineers of fire depart-
ments 91

Transportation of shipwrecked seamen 138

Treasurer and receiver-general, salaries of clerks established . 39, 311

office hours in department of 198

may borrow money in anticipation of revenue .... 362

Treasurer of savings bank, to give new bond once in five years . 77
Treasury, disposition of unclaimed moneys paid into, by receivers of

insolvent savings banks, etc 265

Trials, capital, publication of reports of ...... 166

authority for holding special terms for, repealed ; superseded

by 1885, 384, § 2 ! 324

Truants and absentees from school in the county of Suflblk, school

for, establishment provided for ...... 243

Trust Company, Springfield Safe Deposit and, charter ^.mended . CS

Worcester Safe Deposit and, charter amended . . . . r>2

Index. 615

Page
Trustee process, attachment by, wages and lay of seamen exempt

from 14G

Trustees of the Episcopal Clerical Fund, may hold additional estate;

name changed . i;30

of public burial grounds in Fitchburg, established ... 79

of the Murdock Fund, incorporated 285

of the Newton Theological Institution, name changed . . 90
of Donations to the Protestant Episcopal Church, conveyance

of real estate to Ill

of the Roslindale Methodist Episcopal Church, proceedings

and title to lands confirmed 76

of the Soldiers' Home in Massachusetts, charter amended . 35

of the Soldiers' Home in Massachusetts, allowance to . . 364

of Tufts College, may hold additional real and personal estate, 129

Turner's Falls Fire District, water supply for 213

Typographical Society, Franklin, may hold additional real and per-
sonal estate 115

Unclaimed moneys in the treasury, paid in by receivers of insolvent

savings banks, etc., disposition of 265

Union railroad passenger station, may be maintained by the Boston
and Maine, the Eastern and other railroads entering the
northerly side of Boston 254

Union Congregational Church in Plainvillein the town ofWrentham,

incorporated 50

United Congregational Society, name established .... 128

Universalist Convention, Massachusetts, may hold additional real

and personal estate 57

Veteran Association, Montgomery Light Guai-d, incorporated . . 51

Village Cemetery Association of Vineyard Haven, incorporated . 132

Village of Plainville in Wrentham, water supply for .... lOl

Vineyard Haven, Village Cemetery Association of, incorporated . 132
Vineyard Sound, blueflsh not to be seined in waters of, within three

miles of the shore of Barnstable or Mashpee . . . 152
Voluntary associations, embezzlement of property of, punishment

for 306

Voters, women, assessment and registration of 55

Votes, recount of, in towns 202

Votes cast at elections in towns where voting precincts are estab-
lished 211

Voting precincts in cities and towns, notice of changes in, to be sent

to the secretary of the Commonwealth .... 70,207

Voting precincts in towns, may be established 206

616 Index.

Page

Wages, weekly pajment of, by corporations 73

Wages and lay of seamen, exempt from attachment by trustee proc-
ess 146

Wakefield Water Company, may issue bonds and secure the same by

mortgage 128

Wallace, John F., allowance to 380

Wards, precincts and assessment districts in cities, established . 244
Wards and voting precincts in cities, notice of changes in, to be sent

to secretary of the Commonwealth 70

Ware, town of, water supply for 45

Warehouse, public, relating to receipts by warehousemen . . . 199
Warrants and other criminal processes, may be served by any officer

authorized to serve criminal process in any county . . 194
Water Company, Berkshire Heights, of Great Barriugton, incorpo-
rated 278

Bradford, incorporated 273

Cohasset, incorporated 106

Chicopee, may issue bonds 55

Hassanamisco, incorporated 157

Hingham, may increase its water supply 74

Marblehead, relating to digging up ways in the city of Lynn . 327

Plainville, incorporated 101

Quincy, charter amended . . 149

Saugus, incorporated . . . 178

Stoughton, incorporated 186

Wakefield, may issue bonds and secure same by mortgage . 128

Water Power Company, Boston, may issue preferred stock . . 173

agreements between Commonwealth and, made valid . . 385

Water Supply Company, Braintree, incorporated .... 219

Water loan for Bradford 276

Brockton 93

Chicopee Water Company 55

Cohasset 109

Cottage City 259

Grafton 160

Great Barrington 281

Hudson 153

Maiden 255

Mansfield Water Supply District 315

Marblehead 300

Norwood 156

Plymouth 284

Stoughton 190

Wakefield Water Company 128

Ware 46

Index. 617

Page
Watku SriTLY :

Abiugtoii . . . . . . . . . ■ .115

Boston 351

Bradford . . . 273

Braintree . . . 221

Brockton 91

Canton 131

Cohasset 106

Cottage City 257

Fall River 352

Grafton 157

Hingham 74

Holbrook 225

village of ^lansfield 312

Marblehead 299

Marlborough 169

Plymouth 283

Randolph 225

Rockland 115

Saugus 178

South Abington 115

Stoughton 186

Turner's Falls Fire District 213

Ware 45

village of Plainville in Wreutham ...... lOl

"Waters, inland, protection of purity of 230

Weekly payment of wages by corporations 73

West Roxbury district of the city of Boston, municipal court of,

salaries of constables 123

Western Hampden, district court of, established .... 142
Westborough insane hospital, allowance for current expenses, com-
pletion of buildings, etc. ?,77

Wheeler, Jesse B., late meml)er of the House of Representatives,

resolutions on the death of 395

allowance to widow of 8S6

White, Edward I., trustees of state insane hospital at Taunton, may

exchange lands with 382

Whitefield and JeiTerson Railroad, provisions afl'ecting . . . 234

Whitman, town of, name established 43

Wild fowl, in waters in and around Nantucket, not to be shot at

from boats 194

Willey, James H., allowance to 368

Williston Seminary, may hold additional real and personal estate . 41

Wilton Railroad, may unite with the Boston and Lowell Railroad . 95
Winchester, town of, tracks of the North Woburn Street Railroad

may be extended into . . . . . . , .174

Winthrop Electric Street Railway Company, incorporated . . 303

Woburn Gas Light Company, may furnish electric light . 349

618 IXDEX.

Page

Women, may be elected overseers of the poor 124

Women who are charged with crime whose cases are disposed of

without sentence, support of 137

Women voters, assessment and registration of 55

Women, reformatory prison for, allowance for repairs, etc., to

buildings 374

Worcester, city of, may establish a system of sewage disposal . . 309
railroad track in Foster street in, may be changed or discon-
tinued 141

Providence and Worcester and the Norwich and Worcester

Railroads may cross certain tracks in 133

state normal school at, allowance for repairs, etc. . , . 373

Worcester, county of, salary of treasurer 113

salaries of commissioners ........ 196

Worcester County free institute of industrial science, allowance to . 377
Worcester, Nashua and Rochester Railroad, savings banks may in-
vest in bonds of 137

provisions afiecting ......... 133

Worcester Safe Deposit and Trust Company, charter amended . 52
Worcester, Young Men's Christian Association of, may hold addi-
tional real and personal estate 33

Workhouse, state, chronic insane at, building to be erected for . 168

allowance for barn, stock sheds, etc. 370

Working Union of Progressive Spiritualists of Boston, name changed

to Spiritual Fraternity ........ 37

Wrentham, town of. Union Congregational Church in Plainville, in-
corporated -.50

water supply for village of Plainville in 101

Yarmouth Camp Meeting Association, portion of property exempt

from taxation 177

Yarmouth Improvement Company, Dennis and, incorporated . .125
Young Men's Christian Association of Worcester, may hold addi-
tional real and personal estate 33

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