(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

ACTS 



i 



AND 



RESOLVES 



PASSED BY THE 



^ 



a^f 



General Court of ^assatljusctts 



IX THE YEAR 



1887 



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, 

18 Post Office Square. 

1887. 



^ 



A CONSTITUTION 



FOEM OF GOYERNMENT 



FOR THE 



Commontoallb oi Massachusetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secm'e the existence of the body s°^'*""°™^° • 
politic, to protect it, and to ftirnish 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 iu^nat°ure! ' 
people covenants with each citizen, and each citizen wnth 
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 of the Com- 
monwealth OF Massachusetts. 



PART THE FIRST. 

A Declaration of the Bights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Equality ami ARTICLE I. All mcu are bom free and equal, and have 

afimen."^ *° Certain natural, essential, and unalienable rights; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing, 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 
Right and duty jj, Jt is thc right as well as the duty of all men in 
gious worship, society, publicly, and at stated seasons, to worship the 
[hPTe^n.'"" Supreme Being, the great Creator and Preserver of the 
i2'A'ten!*i29. 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 of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious Avorship. 
Amendment, HI. [^As the happiucss of a pcoplc, and the good order 

tute'd'for this, and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
Legislature em. instructious in picty, rcligiou, and morality : Therefore, 
peiyrovisiou for to promotc their happiness, and to secure the good order 
puhiic worship; ^^^^^ preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to 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 



COMMONWEALTH OF MASSACHUSETTS. 5 

of piety, religion, and morality, in all cases where such 
provision shall not he made voluntarily. 

And the people of this commonwealth have also a right atufifdance"^"'" 
to, and do, invest their legislature with authority to enjoin thereon. 
upon all the sulijects 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- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- giouMercfherB' 
ties, shall, at all times, have the exclusive right of electing ^'"^"''e''- 
their pul)lic teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^.|^o,°"pa'rochiai 
public worship, and of the public teachers aforesaid, shall, taxes maybe 
if he require it, be uniformly applied to the support of the 
pul)lic 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- aii dpnomina- 
selvespeaceabl}^, and as good subjectsof the commonwealth, protect^h"^ 
shall be equally under the protection of the law : and no lubor'm'nanon 
subordination of any one sect or denomination to another of one sect to 

^ another pro- 

shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of eeif- 
and exclusive right of governing themselves, as a free, fecifrecT'^"' 
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 orio-inally in the people, and A.ccountai.iiity 

, T'l/. JI' otall ofticere, 

bemg derived from them, the several magistrates and s^tC' 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 
and airents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men. Services ren. 
have any other title to obtain advantages, or particular pu'tiic being the 
and exclusive privileges, distinct from those of the com- pecuiVa^pHvi. 
munity, than what arises from the consideration of ser- Jt'^'^-s, heredi- 

T ., ,,. Ti- .ii" . tary oftices are 

Vices rendered to the public; and this title being mi'twrdand 
nature neither hereditary, nor transmissible to children, 
or descendants, or relations by blood, the idea of a man 



6 



CONSTITUTION OF THE 



Objects of t;<)V- 
einmeiit; right 
of people to 
institute aud 
change it. 



Kitjht of people 
to secure rota- 
tion iu oUice. 



All, liavini; the 
qualitications 
piewcribed, 
equally' eligible 
to office. 
For the defini- 
tion of" inhaliit- 
ant," see Ch. 1, 
Sect. 2, Art. 11. 
Right of protec- 
tion and duty of 
coiitrihutioM 
correlative. 

Taxation fon".d- 
ed on consent. 
10 Mass. 326. 
1 Tick. 418. 
7 rick.3+-l. 
12 rick. 184,467. 
10 Pick. 87. 
23 rick. otiO. 
7 Met. 3S8. 
4 tfray, 474. 
7 Grray, 363. 
14 (Jray, 1-54. 
1 AH. u, l.jti. 
4 Allen, 474. 

Private prop- 
erty not to be 
taken for public 
uscH without, 
etc . 

6 Gush. 327. 
14 Cxray, 155. 
16 Gray, 417, 
431. 



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



l)orn a magistrate, lawgiver, or judge, is absurd aud 
unuatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and hai)piuess of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
peoi)le alone have an incontestible, unalienable, and inde- 
feasil)le right to institute government ; and to refprm, 
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 oflScers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ouijht to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 122 Mass. 595, 506. 

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. 



1 Allen, 1-50. 

11 Allen, 530. 

12 Allen, 223, 230. 
100 Mass. 544, 510. 



103 Mass. 120, 624. 113 Mass. 45. 
106 Mass. 356, 362. 116 Mass. 463. 
108 Mass. 202, 213. ' 126 Mass. 428, 441. 
Ill Mass. 130. 



127 Mass. 50, 52, 

358, 363, 410, 413. 
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 Avhich he may receive in his person, 
property, or character. He ought to obtain right and 
justice freely, and without being obliged to purchase it ; 



COMMONWEALTH OF MASSACHUSETTS. 7 

completely, and Avithout any denial; promptly, and with- 
out delay ; conformably to the laws. 

XII. No subject shall be held to answer for any crimes Prosocntions 
or offence, until the same is fully and plainly, substantially, s^^icu.^ri. 
and formally, described to him ; or be compelled to accuse, Js Pkk.' I'u. 
or furnish evidence against himself. And every subject IVipt^V-ig.^- 
shall have a right to produce all proofs that may be J-(l,.!|®?'j-^^- 
favorable to him; to meet the witnesses against him face 5 Gray', loo. 
to face, and to be fully heard in his defence by himself, 10 Gray, 11.' 
or his counsel, at his election. And no subject shall be oluieni'stsK" 
arrested, imprisoned, despoiled, or deprived of his prop- "o"^^^"'^!^^' 
erty, immunities, or privileges, put out of the protection 4-:^' 

of the law, exiled, or deprived of his life, liberty, or 97 Mass.'s-u,' 
estate, but by the judgment of his peers, or the law of looMass. 287, 
the land. waMa89.4i8. 

107 ifass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 5.50, 554. 

108 Mass. 5, (j. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559. 

And the legislature shall not make any law that shall P^siit to trial i,y 
subject any person to a capital or infamous punishment, cases, except, 
excei)tino- for the government of the army and navy, with- 8 Gray, 329, 373. 

. / • ,S . ^ " 103 Mass. 418. 

out trial by jury. 

XIII. In criminal prosecutions, the verification of facts, crimes to be 

1 • • • , 1 J 1 1 • i- J 1 J proved iu the 

111 the vicinity where they happen, is one 01 the great- vicinity. 

est securities of the life, liberty, and property of the li^'Mast*!, (52. 

citizen. 

XIV. Every subject has a rioht to be secure from all Right of search 

^^ fill CI S61ZI-1 rtJ 

unreasonable searches, and seizures, of his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amen'd^tiv. " 
therefore, are contrary to this right, if the cause or founda- I cusii^seg. 
tion of them be not previously supported by oath or affir- i3^Jrr-^454 
mation, and if the order in the warrant to a civil officer, to ^^ -^'leu. 403- 

, ' , . .11 J , lOJ Mass. 136, 

make search in suspected places, or to arrest one or more 139. 

.1 4. • ^l • i 1 4. 126 Mass. 269, 

suspected persons, or to seize their property, be not accom- 273. 
paniedwith a special designation of the persons or ol)jects 
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 concernins;' property, and in Right to triaihy 
all suits between two or more persons, except in cases in cept, etc. 
which it has heretofore been otherways used and practised, An"eiurt vii.' 
the parties have a right to atrial by jury ; and this method vpjct.lee.' 

of iirocedure shall 1)6 held sacred, unless, in cau.ses arisiufj ^ !^^"*>' ^i1- 

11. 1 11 1 ., ~^ Gray, 3i3. 

on the high seas, and such as relate to mariners wages, iiAiien, 574, 

the leirislature shall hereafter find it necessary to alter it. io-jMasg. 45, 
^ * 4- 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. *' ' 
120 Mass. 320, .321. 123 Mass. 690, 593. 128 Mass. 600. 



8 



CONSTITUTION OF THE 



I>iberty of the 
press. 



Ri^ht to keep 
and bear arms. 
Standing armies 
dangerous. Mil- 
itary power sub- 
ordinate to civil. 
5 Uray, 121. 



Moral qiialilica- 
tious for ollice. 



Moral oblisra- 
tious of lawiiiv- 
ers and magis- 
trates. 



Right of pcop'e 
to instruct rep- 
resentatives and 
petition legisla- 
ture. 



Power to BUS- 
pend the laws or 
their execution. 



Freedom of de- 
bate, etc., and 
reason ther..'uf. 



Freqiient ses- 
sions, and ob- 
jects thereof. 



Taxation found 
ed on consent. 
8 Allen, 217. 



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 
the military power shall always l^e held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A freijuent recurrence to the fundamental 
])rinciples of the constitution, and a constant adherence 
to those of piety, ju.stice, moderation, temperance, indus- 
try, and frugality, are al)solutely 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 lawo-ivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

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

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 sul)sidy, 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. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Export facto 
the existence of such laAvs, and which have not been de- nl\\ll, ^l-il^'^' 
ohired crimes by preceding laws, are unjust, oppressive, ■^'^^-^-S'^'^-'- 
and inconsistent with the fundamental principles of a free 
o-overnment. 

XXV. No subject ought, in any case, or in any tmie. Legislature not 
to be declared guilty of treason or felony by the legisla- Ire^ou! ac. 
ture. 

XXVI. No mao-istrate or court of law shall demand Excessive bailor 

» . , . , • /J- tinen, iind cruel 

excessive bail or sureties, impose excessive hues, or inflict punishmentfl, 

, , . , , prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

XXVII. In time of peace, no soldier ought to be quar- xo soUHer to be 
tered in any house without the consent of the owner ; and houseTuuiessT^ 
in time of war, such quarters ought not to be made but ^^^' 

by the civil magistrate, in a manner ordained by the legis- 
lature. 

XXVIII. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, t[aruiUes"!''etc. 
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 Judges of su. 
of every individual, his life, liberty, property, and charac- f^^'jrt! ^"''""''' 
ter, that there be an impartial interpretation of the laws, iG^y.^Jvi 
and administration of iustice. It is the right of every i -Ml'""' 'fj-.- 

*/ ^o ^ «- ^ Allen, 080. 

citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore. Tenme'of their 
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 salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive cial^ancUeiu'-' 
and judicial powers, or either of them : the executive shall };'p'^^.'^'''"*"' 
never exercise the lejjislative and iudicial i^owers, or either 2Cu8h..'J77. 

c" J 1 . . 2 Vllen 361. 

of them : the judicial shall never exercise the legislative s Aiien,'247,' 253. 
and executive powers, or either of them : to the end it osb. '"^* ' 
may be a government of laws and not of men. lu Mass. 24,, 

hi) Mass. 317. 
12y Mass. .wO. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, iuhalHting the territory formerly called the 
Province of Massachusetts Bay, do hei-eby solemnly and 
mutuall}^ 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. 



Legislative 
department. 



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



Governor'sveto. 
99 Mass. 636. 



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



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

Article I. The department of legislation shall be 
formed by two branches, a Senate and House of Represen- 
tatives ; each of Avhich shall have a ne2:ative on the other. 

The legislative body shall assemble every year [on the 
last AVednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled, The General Court of 
Massachusetts . 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have been laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections there- 
to, in writing, to the senate or house of representatives, in 
whichsoever the same shall have orio:inated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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 commonAvealth. For oxception 

. , ,111 case ot acl- 

And in order to prevent unnecessary delays, if any l)ill jouniment of 
or resolve shall not be returned by the governor within court within 
five days after it shall have been presented, the same shall see amend ■'^*' 
have the force of a law. " S.ie;; ^" 

III. The general couVt shall forever have full power General court 
and authority to erect and constitute judicatories and jumca°orler."^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearing, trying, and deter- ?/"'''^''^- , 

, o'.'o' ]2 Gray, 147, 

mining of all manner of crnues, offences, pleas, processes, 154. 

plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

within the same : whether the same be criminal or civil, 

or whether the said crimes be capital or not capital, and 

whether the said pleas be real, personal, or mixed ; and 

for the awarding and making out of execution thereupon. 

To which courts and iudicatories are herel)y ffiven and courts etc., 

*f %/ *^ may iidiiiinister 

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

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to ™c?^''"^'^ ^^^*' 
time to make, ordain, and establish, all manner of whole- 4Airen',473. 
some and reasonable orders, laws, statutes, and ordinances, i^.^^i'en, 223, 
directions and instructions, either with penalties or with- wo ^^ase. 544, 
out ; so as the same be not repugnant or contrary to this iieMass. 46t, 
constitution, as they shall judge to be for the good and 

welfare of this commonwealth, and for the government la^n^efc'^Mt 
and ordering thereof, and of the sulijects of the same, and npugnantto 
for the necessary support and defence of the government 6 Alien, 35s. 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or appofntmen't 
within the said commonwealth, the election and consti- ii5"MaBlf602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thl^^dut'it*?"''^ 
duties, powers, and limits, of the several civil and military 
officers of this commonAvealth, 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 



stitution. 



12 CONSTITUTION OF THE 

taxes^'e™^''^*' tliis constitution ; and to impose and levy proportional 
12 Mass. 252. and reasonable assessments, rates, and taxes, upon all the 
GAiieuUss!^ inhal)itants of, and persons resident, and estates lying, 
lo^vnenrtsa"' ' within the said commonwealth ; and also to impose and 
i2Aiion'7V22r^, l^vy reasonable duties and excises upon any produce, 
3oo'3i'''3i3'5uo' n^^ods, warcs, merchandise, and commodities, whatsoever, 
612.' "' ' ' l>rought into, produced, manufactured, or being within 

100 Mass. 2's.;. the samc ; to be issued and disposed of by warrant, under 

101 Mass. .),.., ^[^g 1j.^j;j(J Qf the governor of this commonwealth for the 
114 Mass! 3SS.' limo bciug, with the advice and consent of the council, 
??J\, ,^, for the i)ul)lio service, in the necessary defence and sup- 

llbMass. 4G1. 1 ' /. i • i i i i 

118 Mass. 380, port of the government oi the said commonwealth, and 
123 Mass. 493, the protcctiou and preservation of the subjects thereof, 
i27'Ma88. 413. according to such acts as are or shall be in force withni 

the same. 
taxis! itcrttfbe ^"^ while the public charges of government, or any 
disposed of for p.^j.^ tiicreof, sliall be assessed on polls and estates, in the 

detence, protec- i ' i'i,i i-i- i iij. 

tion.ctc manner that has hitherto been practised, in order that 

vaiuatVou o'f"' " such asscssmcuts may be made with equality, there shall 
UM^'S^'aXaV" be a valuation of estates witiiin the commonwealth, taken 
sTiVeu'''!?*^'''' 'i»evv once in every ten years at least, and as much oftener 
i2GMaB8. o4T. .^g the general court shall order. 



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



CHAPTER I. 
Section II. 

jSenate. 

Senate, number ARTICLE I. [There sliall be annually elected, 1)y the 
elected. ^'^ °"^ freeholders and other inhabitants of this commonwealth, 
aS'menls!'^ qualified as in this constitution is provided, forty |)ersons 
tvhich^wis'aiso to be councillors and senators for the year ensuing their 
superseded by glcction I to be choscu bv the inhabitants of the districts 
Art. XXII. ii^to which the commonwealth may, Irom time to time, l)e 
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 
For provision as timely make known to the inhal^itants of the common- 
see'^araend"'^' wealth thc Umits of each district, and the number of coun- 
menu,Art. cillors aud seiiatoi's to be chosen therein; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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, ("ounuestobe 

1 11 1 • • tlifitncts, until, 

until the general court shall detei'mine it necessary to itc. 
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.] 

II. The senate shall be the first branch of the legisla- ^[annoran(l 
ture ; and the senators shall be chosen in the following man- ["nZu^rs^^tT^^ 
ner, viz. ; there shall be a meeting on the [first Monday in Tim'e"of°e'iccti©n 
April,! annually, forever, of the inhabitants of each town chaugedby 
in the several counties of this commonwealth ; to be called An. x., and' 
by the selectmen, and warned in due course of law, at by''irmendmuiits, 
least seven days before the [first Monday in April,] foi' A9\'o'^citieB,8ee 
the purpose of electing persons to be senators and coun- a^i^end^ments, 
cillors ; [and at such meetings every male inhabitant of 'Ji^e^epro- 

. J ■- ,. , '^ 11' /.111 visions as to the 

twenty-one years oi age and upwards, having a ireehold qualifications of 
estate within the commonwealth, of the annual income of sedetfibyameud- 
three pounds, or any estate of the value of sixty pounds, m^'xx.'lnd 
shall have a risht to give in his vote for the senators for ^.^""'H^: . , ., 

/•I'll. .ii- T 1 1 ^\ Old ''inhabit- 

the district or which he is an inhabitant.] And to remove ant" defined. 
all doubts concerning the meaning of the word " inhabit- ments. An ' 
ant" in this constitution, every person shall be considered was anniTiied by 
as an inhabitant, for the purpose of electing and being iV^r^^y/.' 
elected into any office, or place within this state, in that i^'^ Mass. 595, 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at seiectme 

1 J- ' i'li 1111 • 1 preside a 

such meetings impartially ; and shall receive the votes meetings 
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, Hetum of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up, Art'^.'n'."''"'''' 
directed to the secretary of the commonwealth for tlu; 
time being, with a superscription, expressing the purport 



u'n to 
at town 



14 



CONSTITUTION OF THE 



Time changed 
to first Wednes- 
day of January, 
t^ee amend - 
ments, Art. X. 



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



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



Governor ami 
council to ex- 
amine and count 
votes, and issue 
summonses. 
Time changed 
to lirst Wednea- 
d.ay in January 
by amendments, 
Art. X. 
Majority 
changed to 
plurality by 
amendments, 
Art. XIV. 



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



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheritf of the county in which such 
town lies, thirty days at least before [the last Wednesday 
in May] 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 hiin received, into the 
secretary's oflice, seventeen days before the said [last 
Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
l)e empowered and required to assess taxes ujion them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhal)itants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall haxe 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 sfivinor i^ 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 l)e a due convention of sena- 
tors on the [last AVednesday in ^lay] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

IV. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, Ton the said Ti'i'echani.'od 

1 -iT^ 1 1 -UTT 11 li • 111 to tirst H c'lim'S- 

last \\ ednesday in May] annually, determine and declare day of January 
who are elected by each district to be senators [by a aVux^ meute, 
majority of votes ; and in case there shall not appear to chan^d'to 
be the full number of senators returned elected by a PnendmentB 
majority of votes for any district, the deficiency shall be An. xiv. 
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 Jj']^^"'^''-'''' '^"^ 
senators sufficient to fill up the vacancies in such district ; Changed to 
and in this manner all such vacancies shall be filled up in pc%'ie" ^ 
every district of the commonwealth ; and in like manner men?™ An. 
all vacancies in the senate, arising by death, removal out ^^^v. 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall bo Qualifications of 
capable of being elected as a senator, [who is not seised propertyquaii- 
in his own right of a freehold, 'vvithin this commonwealth, fsh«L° *'"''' 
of tlie value of three hundred pounds at least, or possessed seeamend- 

in'iT-it inents, Art. 

or personal estate to the value oi six hundred pounds at xiii. 
least, or of both to the amount of the same sum, and] who visLnast'^o'^^'^"" 
has not been an inhabitant of this commonwealth for the auo'^amemr^ 
space of five years immediately preceding his election, and, xxu.'*^"' 
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, Senate not to 
provided such adjournments do not exceed two days at a thin"two™a'ys. 
time. 

VH. The senate shall choose its own president, appoint ,, shaii choose 

. , A , . ^ its ofhcers iiiid 

its own offacers, and determine its own rules ot pro- establish its 

■,. ^ rules. 

cee dings. 

Vni. The senate shall be a court with full authority . shaiitryaii 
to hear and determine all impeachments made by the 
house of representatives, against any officer or officers of 
the commonwealth, for misconduct andmal-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 Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal *''°^''""- 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. 
For further pro- 
vUions, see 
aiiienclinents, 
Art. XXII. 



of honor, trust, or profit, under this commonweaUh : 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 quoroum for doing business. 



Roprosentation 
ot the people. 



llepreeenla- 
tivee, by whom 
choseu. 

Supereeded by 
amendments, 
Arts. XII and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Alass. i)iZ. 



Proviso as to 
towns having 
less than loO 
ratable polls. 



Towns liable to 
tine iu case, etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 



Qualifications of 
a representa- 
tive. 



CHAPTEK I. 
Section III. 

House of Representatives. 

Aeticle I. There shall be, in the legislature of this 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equality. 

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 datable 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 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next precedins; his election, shall have been an inhab- New provision 

flS to rGSluGDCtJ. 

itant of, and have been seised in his own right of a free- See amend- 
hold of the value of one hundred pounds within the town xxV' 
he shall be chosen to represent, or any ratable estate to rtclllluLXlf.^' 
the value of two hundred pounds ; and he shall cease to '*'"'f by ameud- 

. 1 . . ments, Art. 

represent the said town immediately on his ceasing to be ^i^i- 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of Q^j^iifications of 
age, and resident in any particular town in this common- These pro- 

lii !• ^^ c j_ T 1 • visions super- 

wealth tor the space or one year next precedmg, havmg a eeded by 

freehold estate Avithin the said town of the annual income AnJlmTxx. 

of three pounds, or any estate of the value of sixty pounds, yee^g^^mend- 

shall have a right to vote in the choice of a representative vvm^/h- h 

or representatives for the said town.] ^vaa annulled by 

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

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

Art. XV. 

YI. The house of representatives shall be the 2:rand ^ou^e aionc 

/.,. ^ 111- 1 can impeach. 

mquest ot this commonwealth ; and all impeachments 
made by them shall be heard and tried by the senate. 

Vn. All money bills shall orifjinate in the house of "°"»c'oorigi. 
representatives ; but the senate may propose or concur bin*. 
with amendments, as on other bills. 

VIH. The house of representatives shall have power not lo adjourn 
to adjourn themselves ; provided such adjournment shall diry's'i 
not exceed two days at a time. 

IX. [Not less than sixty members of the house of g J'pe°8cdea by 
representatives shall constitute a quorum for doing busi- "^^"xxi'"*' 
ness.] 

X. The house of representatives shall be the judge of relurns'^^cac^ of 
the returns, elections, and qualifications of its own mem- jtsown'mem'. 

Ibcrs * to chooH6 

bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker; appoint their own oflScers, and settle the ru'ies, etc' ^ 
rules and orders of proceeding in their own house. They may punish 
shall have authority to punish by imprisonment every otfences.' 
person, not a member, who shall be guilty of disrespect ^-^ ^''''>' ^^e- 
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 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor anil 
council may 
punish 

G-eneral limita- 
tion. 
U Gray, 226. 



Trial may be by 
committee, or 
otherwi.sc. 



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 detemiine all cases where their rights and privileges 
are concerned, and which, by the constitution, they have 
authority to try and determine, by committees of their own 
members, or in such other way as they may respectively 
think best. 



Governor! 



His title. 

To be choaeti 

annually. 

Qualifications. 



Requirement of 
religious decla- 
ration abolished 
by amend- 
meuts, Art. 
VII. 

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. 



CHAPTER II. 

EXECUTIVE POWER, 

Section I. 

Governor. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; and unless he 
shall at the same time be seised, in his own right, of a 
ficehold, within the commonwealth, of the value of one 
thousand pounds ; [and unless he shall declare himself to 
be of the Christian religion.] 

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



COMMONWEALTH OF MASSACHUSETTS. 19 

in open town meeting, sort and connt the votes, and form 
a list of the persons voted for, Mitii 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 clecla- amo cities, see 
ration thereof in the said meeting; and shall, m the pres- -vrt.ii. 
ence of the inhabitants, seal up copies of the said list, 
attested i)y him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in Mavl ; and the sheriff shall transmit Time chan-ed 
the same to the secretary's otface, .seventeen days at least day oUanuaiy 
before the said [last Wednesday in May] ; or the select- Aii"'.\/'"'" '^' 
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 flast Wednesday iu ]\Iav1, to be by them ciian-ed to 

1 1 r* jy ', A- i" ' -A i'li plurality liv 

exammed ; and [in case ot an election by a majority ot all amendments, 
the votes returned!, the choice shall be by them declared -y'-'^^^- 

1 T 1 1 ri •(• 1111 • • i» How cnoBeii, 

and pul)lished ; [l^ut it no person shall have a majority or when no person 
votes, the house of representatives shall, by ballot, elect ^-""""-'J"" i- 
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 bo 
declared governor.] 

IV. The governor shall have authority, from time to Power of lcov- 
time, at his discretion, to assemble and call together the governor uiki 
councillors of this commonwealth for the time being ; and ''°"""'- 
the governor with the said councillors, or live of them at 

least, shall, and may, from time to time, hold and keep a 
council, for the orderino; and directino; the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have Mayadjomnor 
full power and authority, during the session of the gen- gen'^tu'com-t 
eral court, to adjourn or prorogue the same to any time ",',d"o,';^.",'i;!'' 
the two houses shall desire ; [and to dissolve the same on the same. 

11 Til -\\- 1 1 • -\ r 1 As to dissolu- 

the day next preceding the last \\ ednesday in May ; and, tion.seeam nd- 
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 



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see iiraentl. 
meats, Art. X. 

Governor and 
council raay 
adjourn the c,'en- 
eral court in 
cases, etc.. l)Ut 
not exceeding 
ninety days. 



Governor to be 
commander-in- 
chief. 



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 diiy 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 ijovernor of this commonwealth, for the time 
l)eing, 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 i)ower, 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 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and Avith them to encounter, repel, rcsi.st, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or 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 other- 
wise. 



COMMONWEALTH OF MASSACHUSETTS. 21 

Provided, that the said a'oveimor shall not, at any time Limiuuion. 
hereafter, b}^ virtue of any power 1)y this constitution 
granted, or hereafter to he granted to him by the legis- 
lature, transport any of the inhal)itants of this common- 
wealth, or ol)lio;e 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 l)e neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such ^u^f,!"^';',^.,"!"' 
as persons may be convicted of before the senate by an pardon offences, 

CXC€Dt etc 

impeachment of the house, shall be in the governor, by 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the party pleading the same, But not bofore 

i. -ii J !• 1 i' 1 • conviction. 

notwithstandmg any general or j^articular expressions con- luj Mass. aeo. 
tained therein, descriptive of the ofi'ence or oft'ences in- 
tended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the J'^^'if'-ii om- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominatc.i and 
probate,] shall be nominated and ai)pointed by the gov- Fo'rp'i'ovi.<ion8 
ernor, by and with the advice and consent of the council ; o^attonTcy"" 
and every such nomination shall be made by the governor, generai.soe 

•^ . ,"^.~ amendments, 

and made at least seven days prior to such appointment. An.xvii. 

For provision as tooleetionof eherilTs, rearistors of probate, etc., see amendments, Art. 
XIX. For provision as to appoiulmeut of notaries public, see ameudmeuls, Art. IV. 

X. The captains and subalterns of the militia shall be Miiitia omccrs, 
elected by the written votes of the train-band and alarm umitauon'of 
list of their respective companies, [of twenty-one 3'ears 'l^yYraend' "'"' 
of age and upwards ;] the field officers of regiments shall '^''^nte, Art. v. 
be elected by the written votes of the captains and sul)al- 

terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, l)y the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- iiowcomnii.s- 
missioned by the governor, who shall determine their rank. '"""'^ ' 

The legislature shall, by standing laws, direct the time Election of 
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 how^ajfp.Mn'^d' 
house of representatives, each having a negative upon the and commis- 
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 Vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc! •'"'='»»e, 



22 CONSTITUTION OF THE 

tions, after ])eing duly notified, according to the laws for 
tlie time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such offices. 
offlccisduiy [And no officer, duly commissioned to command in the 

coniiuisflioneil, L , i ii i t /• i ' m 

how removed, militia, shall OG Tcmovcd trom his office, but by the address 
iimemfme'ius;^ of botli liouscs to tlic govcmor, or by fair trial in court- 
Art. i\. martial, pursuant to the laws of the commonwealth for the 

time being.] 
Adjutants, etc , 'j'j-^g counnandinji; officers of regiments shall appoint 

now appo::itti.l. _ n & _ _ l I _ 

their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals their aids ; and 
the governor shall appoint the adjutant-general. 
Array ofUcer*^, ^\^q ooyemor, witli advicc of council, shall appoint all 

how appointed. C^ '_ '11 

officers ot the contmental army, whom by the coniedera- 
tiou of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

Orpnizutioi. of 'pjje divisions of the militia into brio-ades, res^iments, 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. 

Money, how XI. No moncvs sliall be issued out of the treasury of 

drawn from the , . .\ it i c / i ^ 

treasury, e.v- this commonwcaith, and disposed ot (except such sums as 
J!; A'lk'u," .393. may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) l)ut by wan ant 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 oeneral court. 
All public XII. All public boards, the commissary-general, all 

boards etc. to *- »/ o ^ 

make quarterly suiierintcndino; officcrs of public magazines and stores, 
belonoino- 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 
wdiatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall ex- 



returns. 



COMMONWEALTH OF MASSACHUSETTS. 23 

liil)it to the governor, when required by him, true and 
exact plans of such forts, and of the hmd and sea or har- 
bor or harbors, adjacent. 

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

XHI. As the public good requires that the governor salary of 
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 i)ublic, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the conniionwealth in the character of its chief mao:is- 
trate, it is necessary that he should have an honoral)le 
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- fic|!^'of*sup{"^e 
lished by law for the justices of the supreme judicial court, judical court. 

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

CHAPTEE II. 
Section II. 

Lieutenant-Governo7\ 

Article I. There shall be annually elected a lieuten- i-unuonant- 
ant-governor of the commonwealth of Massachusetts, uCiv'\md qn'inn- 
whose title shall be — His Honor; and who shall be j:^!',","rt.,nem of 
qualified, in point of [religion,] property, and residence i';j}|'^'']!;'tj,°e" °^ 
in the connnonwealth, in the same manner with the gov- christian 
ernor ; and the day and manner of his election, and the uborishcd ly 
qualifications of the electors, shall be the same as are Art.' vii'!" ^' 
required in the election of a governor. The return of 
the votes for this officer, and the declaration of his election, 
shall l)e in the .same manner; [and if no one per.son shall now chosen. 
be found to have a majority of all the votes returned, the Election by 
vacancy shall be filled l)y the senate and house of repre- ^' """' ' " '" 



24 CONSTITUTION OF THE 

vided foi by sentatives, in the same manner as the governor is to be 
a"?!^.' XI v" ""' elected, in case no one person shall have a majority of the 

votes of the people to be governor.] 
President of H. The govcmor, and in his absence the lieutenant- 

Lieutenant- governor, shall be president of the council, but shall have 
m°ember'of, no vote iu couHcil ; and the lieutentant-governor shall 
except, etc. alwajs be a member of the council, except when the chair 

of the o;overnor shall be vacant. 
Lieutenant- jjj Whenever the chair of the orovernor shall be 

governor to lie ... ^ i 

actin;,' governor, yucant, by rcasou 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. 

CHAPTER II. 

Section III. 

Council, and the Manner of settlimj Elections hij the Legis- 
lature. 

Council. Akticle I. There shall be a council for advisinof the 

Number of . . /• i 

councillors govcmor ui the executive part ot the government, to 

ei'sTbL^^ ' consist of [nine] persons besides the lieutenant-governor, 

meius^Artl whom thc govcmor, for the time being, shall have full 

^^'^- power and authority, from time to time, at his discretion, 

to asseml)le 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- 

insr and directinij the affairs of the commonwealth, accord- 

ins: to the laws of the land. 

Number from jj F XiuB counciUors shall be annually chosen from 

whom, and how L , .ii i 

chot^eii among the persons returned lor councillors and senators, 

amendments, on the last Wcducsday in May, by the joint ballot of 

xiii'.' "'" the senators and representatives assembled in one room ; 

fraendmwus!'^ :i»d iu cusc there shall not be found upon the first choice, 

Art.xvi. iJT^Q ^vhole 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 

If senators be- £yj. ^j^g year. The seats of the persons thus elected from 

come council- '■^^ ^ J ^"- _ i ii i i • i 

lors, their seats (ijg scuatc, aud acccptuig the trust, shall be vacated in the 

to be vacated. i. o 

senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

in. The councillors, in the civil {irrangements of the uank <,f 
commonwetilth, ishall have rank next after the lieutenant- '■'^""'''""''«- 
governor. 

IV. [N^ot more than two councillors shall be chosen x.. .iiMii<t lo 
out of any one district of this connnonwealth.] ha\^e moic than 

Superadded by ameodmcuts, Art. XVI. 

V. The resolutions and advice of the council shall l)e Keu'iMei of 
recorded in a register, and signed by the members present ; '''"""'''• 
and this record may be called for at any time l)y 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- council i<. excr- 
ant-governor shall be vacant, by reason of death, al)sence, o/^overnoMn 
or otherwise, then the council, or the major part of them, '^^'s^^. ^i^^- 
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, KUctionH may 
by this constitution, on the last Wednesday in May annu- u'm'u.^Ctc"'"' 
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 com])leted. And <>"!"• iii<ioof. 

1 •!• cii 1 Superseded by 

the order ot elections shall be as follows : the vacancies in amendme_ni», 
the senate, if any, shall first be tilled up ; the governor xxv.* 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall })roceed to the election of 
the council.] 



CHAPTER II. 

Sectiox IV. 

Secretary^ Treasurer, Commissary , etc. 

Akticle I. [The secretary, treasurer, and receiver- Secretary, etc., 
general, and the commissary-general, notaries public, and] how'^chos,^,".'' 
naval otficers, shall be chosen annually, by joint ballot <>f fo^'STono""* 
the senators and representatives in one room. And, that secretarv. treaa. 
the citizens of this commonwealth may be assured, from ceiveV-generai. 
time to time, that tlft^ moneys remaining in the public auorney'geV"'^ 
treasury, upon the settlement and liquidation of the pub- ^„'";!';tsfArt°''°'* 
lie accounts, are their property, no man shall l)e eligible ^^'^^'• 



Arts XVI. aud 



26 



CONSTITUTION OF THE 



Tro:is\iior in 
I'iiiTiblc for mori! 
than livu sue 
ceesive years. 

Secretary to 
Ueej) records; 
to attend the 
tovenior and 
council, etc. 



as treasurer and receiver-general more than tive years suc- 
cessively. 

For provision as to appointment of notaries public and the eommissarygeneral, see 

amendments, Art. IV. 

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



Tenure of all 
comniiBsioned 
oU'icers to be 
expressed 
Judicial ollicers 
to hold oftice 
diirintr good 
behavior, ex- 
cept, etc. 
But may be 
removen on 
address. 



Justices of su- 
preme judicial 
court to guc 
opinions when 
required. 
1-J2 Mass. 600. 
120 Mass. 557, 
561. 

Justices of the 
peace; tenure 
of their cilice, 
o (Jush. .'-.il. 



Provisions for 

holding probate 

cotirts. 

12 Gray, 147. 



CHAPTEK III. 

JUDICIARY POWER. 

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

II. Each branch of the legislature, as well as the 
governor and council, shall have authority to require the 
opinions of the justices of the supreme judicial court, 
upon important questions of law, and upon solemn 
occasions. 

III. In order that the people may not suffi^r from the 
long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or 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 courts shall be holden at 
the tunes and places Avhich the respective judges bhall 
direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of niarriuoe divorce, and alimony, and ofmarnage, 

,, i>i ^. 11I1I 1 1 "'^'oi'ce, auii all- 

all appeals trom the judges ot probate, shall be heard and mony. 

determined by the governor and council, until the legis- visions'Vnade 

lature shall, by law, make other provision. lo'-i'Mak 327. 

1:6 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

The delegates of this commonwealth to the congress of PeUaaiesto 
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 conmionwealth ; but may be recalled 
at any time within the year, and others chosen and com- 
missioned, in the same manner, in their stead. 



CH APT Eli V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 

LITERATURE, ETC. 

Section I. 

TJie University. 

Article I. "Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^'°''''^®- 
laid the foundation of Harvard Colleije, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualitied them for pul>lic 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 
l)enefit of this and the other United States of America, 
— it is declared, that the President and Fellows of rowors, pri%-!- 
Harvard College, in tlieir corporate capacity, and {hrpreswiem 
their successors in that capacity, their officers and ser- ""^tinucd*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
]wwers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 



2% COXSTITUTION OF THE 

have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed iinlo them, the said presi- 
dent and fellows of Harvard Colleo'e, and to their suc- 
cessors, and to their officers and servants, respectively, 
forever. 

II. And Avhereas there have been at sundry times, by 
divers persons, "ifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, hereto- 
fore made, either to Harvard College in Caml^ridofe, in 
Kew 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 gift- grants, jiH iX^q s^^ifj gifts, grauts, devises, leo-acies, and convey- 

etr. confirmed. o'r^' 'O' J 

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 
tlie colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-tvv'o, 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 clerirv in the said act descril)ed, consti- 
tuted the overseers of Harvard Colleac ; and it beiu"; 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said irov- 
crnor, 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, W'ho, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, AVater- 
town, Charlestown, Boston, Eoxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
Avith all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
Power of altera provided, that Dothiug herein shall be construed to pre- 

lion reserved lo ^ ^ ,, , . , , ' i> ^ i • Ul i" I • 

the legislature, vcut the legislature or this commonwealth irom 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. 



AVho shall be 


ovL^rseers. 


See i 


Statutes, 


1J-)1, 


•224. 


1S.V2, 


27. 


is:.9, 


212. 


1865, 


173. 


13S0, 


6'>. 



COMiMONA\^ALTH OF MASSACHUSETTS. 29 

CHAPTER V. 

Section II. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- d,,,,. of ie<'isia. 
erally among the body of the people, l)eing necessary for ';.'.[['^'''"''.,',')''='*" 
the preservation of their rights and liberties; and as these future pJiiods. 
depend on spreading the opportunities and advantages of visLilt'afto'"*'' 
education in the various parts of the country, and among seo'^amend°°''*' 
the different orders of the people, it shall l)e the duty of ijIJ^jy,^- ^^'"'• 
leoislatures and maoi<;trates, in all future periods of this i2Aiien,5oo- 

D - . . , . 503. 

commonwealth, to cherish the interests of literature and ioa'Mass.94, 97. 
the sciences, and all seminaries of them ; especially the? 
university at Cambridge, })ublic schools and grammar 
schools in the towns ; to encourage private societies and 
pul)lic 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. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant- o-^i''^- ^tc- 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, l^efore 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- Ahoiishod Sec 
gion, and have a firm persuasion of its truth ; and that I ah. vu. 
am seised and possessed, in my own right, of the proj)erty 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 



30 CONSTITUTION OF THE 

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.] 
Declaration and ^j^^j evcrv Dcrson choscu to either of the places or 

oaths of all rr^ n • i i ■ • 

omciis. offices aforesaid, as also any person appointed or commis- 

sioned to any judicial, executive, military, or other office 
under the government, shall, ])efore he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or afiirmations, 
viz. : 
onu'iejance'^ [" I, A . B. , do truly and sincerely acknowledge, profess, 

8.H amend- tcstifv, and dcclarc, that the Commonwealth of jSIassachu- 

iiiciitH, Alt. \ I. ", ^ 1 /> • 1 1 /• 

setts IS, and oi 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 
Avill 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 
])e) , 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 
l)y their constituents in the congress of the United States : 
and I do further testify and declare, that no man or body 
of men hath or can have any right to absolve or discharge 
me from the obligation of this oath, declaration, or affir- 
mation ; and that I do make this acknowledgment, pro- 
fession, testimony, declaration, denial, renunciation, and 
al^juration, heartily and truly, according to the common 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
whatsoever. So help me, God."] 
Oath of office. ,, j^ j^ j.^ ^I^ solcmiily swcar and aflSrm, 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 
tlie rules and reo-ulations of the constitution and the laws 
of the commonwealth. So help me, God." 
see^imend- Providcd, always, that when any person chosen or ap- 

meutB, Art. VI. pointed as aforesaid, shall be of the denomination of the 



C0:\O10X\\'EALTII OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath [s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
sicear,''^ '' and abjure,"" " oatJi or,'' " and abjuration ," m the 
first oath, and in the second oath, the words] ",s'Mv«r 
a)id,"' and [in each of them] the words " ^So help me, 
God ; " sul)joining instead thereof, " This I do under the 
pains andjjenalties of j^erjuri/ ." 

And the said oaths or affirmations shall be taken and *^^,;V''''y"' 
subscribed I)y the o-overnor, lieutenant-<>'overnor, and coun- iiow adinini-s- 

, ^ ^ . -, '^ . lured. 

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, l^efore 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the o-overnor and 
council for the time l)eing ; and by the residue of the 
officers aforesaid, before such persons and m such manner 
as from time to time shall be prescribed by the legislature. 

II. jS"o governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other otiice or place, ed 'to governor, 
under the authority of this commonwealth, except such as see'amend-' '"" 
l)y this constitution they are admitted to hold, saving that mej'ts, Art. 
the judges of the said coiirt may hold the offices of justices 
of the })eace through the state ; nor shall they hold any 
other ])lace or office, or receive any pension or salary from 
any other state or government or power whatever. 

Xo person shall 1)e capable of holding or exercisina' at Same subject. 

- A . • 1 • I • 1 /I' 1 1 Allen, ooo. 

the same time, within this state, more than one ot the 
following offices, viz. : judge of prol)ate — sherifi* — 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 tho 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- Fo'r'^fu'rther pro- 
general — treasurer or receiver-general — judge of probate inco°rapat'ibiie 

— commissary-oeneral — r]:)resident, professor, or instruct- oiikes, see 

Y '- .11 amendments, 

or of Harvard College] — sheritt — clerk ot the house ot Art. viii. 

, , . ^ • i c 1 i • - X- 1 1 Officers of liar- 

representatives — regi.ster or probate — register ot deeds vardCoUeee 

— clerk of the supreme judicial court — clerk of the infe- ame^ndmems, 
rior court of common pleas — or officer of the customs, *^'i-^'^^'ii- 
including in this description naval officers — shall at the 



32 CONSTITUTION OF THE 

samo time have a scat in the senate or house of represen- 
tatives ; but their lieino- chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 
offie™!'''*'^''^ 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. 
^.i'',?.!'?'^ ''"^■' And no person shall ever be admitted to hold a seat in 
the legislature, or any ofiice of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of Ijribery or 
corruption in obtaining an election or appointment. 
asce'iui'iut'd!'"''^ III. In all cases where sums of money are mentioned 
in this constitution, the value thereof shall be computed 
L"°i]on7n?""''" ^'' f^ilver, at six shillings and eight pence per ounce ; and 
beiiiciiamd. jt shall bc iu the power of the legislature, from time to 
moiits, Art. tiuic, to iucrcasc such qualifications, as to property, of the 
persons to be elected to ofiices, as the circumstances of 
the commonwealth shall require. 
J^eTpmuil' IV. All connnissions shall be in the name of the 

coramission.s. Commonwcalt h of Massacliusctts, signed by the governor 
and attested by the secretary or his deputy, and have the 
great seal of the commonwealth affixed thereto. 
rp'^ctTMrwrus. V. All writs, issuing out of the clerk's office in any of 
'iYi'^^\T" the courts of law% shall be in the name of the Connnon- 

3 Met. 08. 

loUray, 74. "Wealth of ]\Iassachusetts ; 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. 

continuiition of yi j\^\\ the laws which have heretofore been adopted, 

former laws, i • i t-» • yt i i /. 

exci'pi, etc. used, and approved in the Province, Colony, or fcitatc of 

2Mas8. M4. INIassachusetts Bay, and usually practised on in the courts 

le^'piou.^ioffiid. of law, shall still remain and be in full force, until altered 

2 Met. lis. or repealed by the legislature; such parts only excepted 

as are repugnant to the rights and liberties contained in 

this constitution. 

^uheas corp'^x VII. The privilege and benefit of the writ of habeas 

secured, except, corpus sliall be ciijoved 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 })ressing occasions, and for a limited 

time, not cxcecdiu'i twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

Vni. The enacting style, in making and passing all ^\'*^'.^'^.''"-'"'''"= 
acts, statutes, and laws, shall be — " Be it enacted l)y the 
Senate and House of Representatives, in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failure of justice, or onicoiHof 

1 • J. J.1 lil /• 1 * f 4 1 former i;o\ cm 

danger arise to the commonwealth irom a change or the ment coiitimud 
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 aiul 
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. I In order the more effectually to adhere to the rrovision for 
principles of the constitution, and to correct those viola- sutmion 
tions which by any means may be made therein, as well p°J,,^g 
as to form such alterations as from experience shall be ;""e'idnKnu, 
found necessary, the general court which shall be in the '"t^ut«. -^'t- 1 
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 o'c 
their respective towns and plantations, for the purpose ot' 
collecting their sentiments on the necessity or expediency 
of revisinii: the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who 
shall asseml)le 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. 

The said delegates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



revi8in!i con- 
stitution 
For exislint: 

ion aw to 



revisint: < on 
KtitutioM. 



34 CONSTITUTION OF THE 

r,l°Jl!,^'?n/','M,i XI' This form of government shall be enrolled on 
pubiishinijthis parchment, and dei)osited in the secretary's office, and be 

coasiituiiou. i ,• 1 1 r> 1 I 1 1-1 • 1 

a part ot the laws oi the hmd ; and prmted copies thereor 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



ARTICLES OF AMEXD:\IENT. 

approved whhin ARTICLE I. If any bill or rcsolvG sliall 1)0 olvjcctcd to, 
five flays not to . 11^(1 j^q^ aoproved bv tlic <>;overnor : and if the 2:eneral 

becouifc' ix l;iw, *■ ■*■ . . *■ 

if legislature court sliall adjoum Avithin live days after the same shall 
meanVi'im-. '' liavc bccn hucl bcforc the governor for his approbation, 
se^e consi'.', ch. fiwd thereby prevent his returning it with his objections, 
I, §i,An.u. .^^ provided by the constitution, such bill or resolve shall 

not become a law, nor have force as such. 
^upowcmi'to Art. II. The general court shall hilve full power and 
charter cities, autlioritv to croct 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 
meetinofs of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returnino- the votes o'iven at such meetinirs. 
ii2°Mas8. 200. Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhal)itants, 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. 
Qualifications of Art. III. Evcry male citizcu of tweiity-one years of 

voters for gov- ^ . i i 

cruor, lieuten age aud upwai'ds, exceptino; paupers and liersons under 

ant governor, ^ ,. ,\ , , ,/, ^ ^ • i i -j.! • j.i 

senators aud guai'diauship, who sliall have resided w^ithin the common- 
represeuutivos. ^^.gjj||jj q^^q year, and within the town or district in which 

u Masks'. 3I57. li® may claim a right to vote, six calendar months next 
o^Met. 162, 298, preceding aiiy clcctiou of governor, lieutenant-governor, 
7"Gray,'299. scuators, or rei)resentati vcs, and who shall have paid, by 

122 Mass. 595, ,. 1,. 1- i I T x + 

597. liimselt, or his parent, master, or guardian, any state or 

124 Mass 59G. ^^Qm-j^y ^.^^^ which sliall, within two years next preceding 



COMIMOXWEALTII OF IMASSACHUSETTS. 35 

such election, have been assessed upon him, in any town For educational 
or district of this commonwealth ; and also every citizen seJ'araemi""' 
who shall be, by law, exempted from taxation, and who For'piovi"ion'as 
shall be, in all other respects, qualified as above mentioned, h*^iveTe'rve!na 
shall have a right to vote in such election of governor, the army or 
lieutenant-governor, senators, and representatives ; and no war, ees ameud- 
other person shall be entitled to vote in such elections. xxviYi."' 

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

Art. IV. Notaries public shall be "appointed by the Notaries pniiiic, 

.1 _ • T • 1 ^r? how appointed 

governor in the same manner as judicial oincers are ap- and removed. 
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 
leijislature. 

[In case the office of secretary or treasurer of the com- vacancies in the 
monwealth shall become vacant from any cause, during ulryMcUmis^' 
the recess of the general court, the governor, with the tms c^iause "^''' 
advice and consent of the council, shall nominate and ^"p^^'^eded by 

, ,. , '111 amendments, 

appoint, under such regulations as may be prescribed by Art.xvii. 
law, a competent and suitable person to such vacant office, 
who shall hold the same until a successor shall ))e a})pointed 
by the general court.] 

Whenever the exigencies of the commonwealth shall ??,!^™ilt^Th<. 
require the appointment of a commissary-general, he shall appointed, in 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, b}'" law, prescribe. 

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

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the memliers of their respective compa- iubafteruT ''"'^ 
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 a^i* officers^" 
by the constitution, the following oath shall be taken and see const., 
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 : — 

"I, A. B., do solemnly swear, that I wn'll bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 

Provided, That when any person shall be of the denomi- Proviso. Qna- 
nation called Quakers, and shall decline taking said oath, '^""^''^^ 



36 CONSTITUTION OF THE 

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." 
Tests abolished. Art. VII. No Oath, declaration, or subscriptlon, except- 
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 qualify 
them to perform the duties of their respective offices. 
iTomces!^'^''^' Art. VIII. No judge of any court of this common- 
i22Mae«.4i5, ^rg^lth, (cxccpt the court of sessions,) and no person 
123 Mass. 535. holdiug any office under the authority of the United 
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 
militia officese xcepted. 
Amendments to Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
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 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 
amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 



COMMONWEALTH OF MASSACHUSETTS. 37 

fied voters, voting thereon, at meetings legally warned and 
holden for that purpose, they shall become part of the 
constitution of this commonwealth. 

Art. X. The political year shall begin on the first ^f7of?{i"ea™! 
Wednesday of January, instead of the last Wednesday of 
jNIay ; 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 and termination, 
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 AVednesday of January, and until 
others are chosen and qualified in their stead. 

TThe meetino; for the choice of governor, lieutenant- ^p^tings for the 

L O .ci 1111111 choice of gov- 

governor, senators, and representatives, shall be held on enior.iieuten- 
the second Monday of November in every year ; but meet- etc., when to' be 
iiigs may be adjourned, if necessary, for the choice of Thfg clause 
representatives, to the next day, and again to the next alifeirdn^ntBf 
succeeding day, but no further. But in case a second ^^■'t' ^v. 
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 ^J'j'^i^-^^^^;-"/" 
October, next following the day when the same shall be t'on- 
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 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 
January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 



38 



CONSTITUTION OF THE. 



Inconsistent 

provisions 

annulled. 



Religious 
freedom 
establislied. 
See Dec. of 
Rights, Art. 
III. 



122 Mass. 40, 41. 



Census of rata- 
ble polls to be 
taken in 1S:37, 
and decennially 
thereafter. 
This article v.'as 
superseded by 
amendments, 
Art.XIII., 
which was also 
superseded by 
amendments. 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, })ursuant to the foregoing provision. 

All the provisions of the existing constitution, incon- 
sistent with the provisions herein contained, are hereby 
wholly annulled. 

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

" As the public worshi}) 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 
societv a written notice, -declaring the dissolution of their 
mem1)ership, 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- 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
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 
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 



COMMONWEALTH OF MASSACHUSETTS. 39 

and fifty ratable polls in addition to the first three hun- 
dred, one representative more. 

Any town having less than three hundred ratable polls Towns haviig 
shall be represented thus : The whole number of ratable la'tabIe'I)oll.^, 
])olls, at the last preceding decennial census of polls, shall ho^' ■epri^tnt- 
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 havina: ratable polls enough to elect Fractions, how 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such sur})lus 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 Towns may 

I ^ /> • "i i- j_i 1 I j_ J. unitf into repre- 

may, by consent ot a majority ot the legal voters present sentativouis- 
at a legal meetins^, 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 
t.ensus 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 ratal)ie polls. 

The governor and council shall ascertain and determine, The eo%cvnor 
within the months of July and August, in the year of our d"u-nn'i'no'the 

niinilicr of rep- 
resentativt's to 



Lord one thousand eight hundred and thirty-seven, accord- 
ing to the foregoing principles, the number of representa- t^'^'ju'ie'eutineu. 
tives, which each city, town, and representative district is 
entitled to elect, and the numl)er of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and ^.■here any town has not a suflScient 
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 xt w apponion- 

,1 ,., 1 .1 J •! 1 il inonl to be made 

years, thereatter, by the governor and council, and the once iu every 
number of ratable polls in each decennial census of polls, '^"y*^*"- 
shall determine the num))er of representatives, which each 
city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 



40 



CONSTITUTION OF THE 



Inconsistent 

provisions 

aunulleil. 



Census of inhab- 
itants tob(! taken 
in 1S4CI, and de- 
cennially there- 
after, for basis 
of representa- 
tion. 

Provisions as to 
census super- 
seded l)y amend- 
ments, A rts 
XXI. and XXII. 

Senatorial dis- 
tricts declared 
perinanenl 
Provisions as to 
senators super- 
seded t)y anieud- 
meiits, Art. 
XXII. 



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



Small towns 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



by each city, town, or representative district is ascertained 
and determined as aforesaid, tlie oovernor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
I'cturned 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 
]^ormanent. 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 numl)er 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 sliall be entitled to elect a representative as many 
times within ten years ;is 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 ma}^, hy 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 
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. 



COMMONWEALTH OF MASSACHUSETTS. 41 

The number of inhabitants which shall entitle a town Basis of repre- 

... . . • 1,1 • • sentatlon, and 

to elect one representative, and the mean increasing num- ratio of increase. 
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 I'hp governor 

.' _ ^ ' O _ aiul council to 

council shall, l)efore the tirst day of Sei^tember, apportion apportion the- 
the number of representatives which each city, town, and resentativos of 
representative district is entitled to elect, and ascertain iirever^teu'"^^ 
how many 3^ears, 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- 
IL-jhed forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the tirst Wednesday of January, iheVeopie at°" 
or as soon thereafter as may l)e, by the joint ballot of the Provisions as to 
senators and rei:)resentatives, assembled in one room, who councillors 

1 ^ \ ^ ' superseileil by 

shall, as soon as may be, in like manner, till up any vacan- amendments, 

cies that may happen in the council, by death, resignation, 

or otherwise. No person shall be elected a councillor, who Qualifications of 

has not been an inhabitant of this commonwealth for the '^^'*"" *^'*' 

term of live 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 anv other estate, shall Freehold as a 

I _ ... . . . qualitication tor 

be r(Minired as a ciualilication for holdin«r a seat in either ascatinaenerai 

, , ,, , , . , ~ . ., court or council 

branch ot the general court, or in tlie executive council. not required. 

Art. Xiy. In all elections of civil officers by the peo- Elections by the 
pie of this commonwealth, whose election is provided for piunuit'y of ' ^ 
l)y the constitution, the person having the highest number '^'"*'*- 
of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor. Time of annual 
lieutenant-governor, senators, and representatives, shall eruorTudiegiV- 
be held on the Tuesday next after the first Monday in '"'""^®" 
November, annually ; but in case of a failure to elect repre- 
sentatives on that day, a second meeting shall ])e holden, 
for that purpose, ou the fourth ]\londay of the same month 
of November. 



42 



. CONSTITUTION OF THE 



Eight council- 
lore to be chosen 
by the people. 
122 Mass. .=>9.i, 
598. 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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



Organization of 
the government. 



Aet. XVI. Eight councillors shall be annually chosen 
])y 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 
srovernor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, hoivever, 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 l)e, from time to time, established by the legisla- 
ture. No person shall bo eligible to the ofiice 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 Ije 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 AVednesday 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-ijovernor, and coun- 
cillors ; and ten da3's 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 
Wednesday in January, to be by them examined; and in 
case of the election of either of said officers, the choice 
shall be by them declared and pul)lished ; but in case 
there shall be no election of either of said officers, the 
legislature shall proceed to till such vacancies in the 



COMMONWEALTH OF MASSACHUSETTS. 43 

manner provided in the constitution for the choice of sucli 
officers. 

Art. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen u^r! auditor,' 
annually, on the day in Novein1>er prescribed for the '^"[leraV'bjMhe 
choice of governor ; and each person then chosen as such, i"-"op'^^- 
duly (lualitied in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect ^',1°^°"''*' ^°'^ 
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 
l)allot of the senators and representatives, in one room; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, 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, Avith 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 to quaiifyv, iih- 
offices aforesaid, shall neglect, for the space of ten days oulenvu'roffice 
after he could otherwise enter upon his duties, to qualify vacautf'""^^ 
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 Qualification 
either of said offices unless he shall have been an inhabit- "'''"*' "' 
ant of this commonwealth five years next preceding his 
election or appointment. 

AitT. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and piie/forsecta- 
all moneys Avhich may be appropriated by the state for KoroH^^'iniV 
the support of common schools, shall be applied to, and icj'Joo'jI.^'gei'e ^° 
expended in, no other schools than those which are con- constitution 

11 1- 1 11 1 1 ii 1 art Inrst, Art. 

ducted according to law, under the order and superintend- iii. 



44 



COXSTITUTIOX OF THE 



1-2 Allen, 500, 

508. 

lOa Mass. 94, 96, 



Legislature to 
prescribe for 
the election of 
sheriffn, retri-- 
tcrs of probate, 
etc., by the 
people. 
8 Gray,!. 
l.SOrriy,74. 
110 Mass 172, 
173. 

Keadins; consti- 
tution inlOnsrlish 
and writiiii;, 
necessary, quali- 
fications of 
voters. 
Proviso. 
For other quali- 
fications, see 
ainenilments. 
Art. 111. 
See also amend- 
ments, Alt. 
X.\IU., which 
was annulled by 
aniendinents, 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, etc. 
See P. S. c. ^.l. 



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



ence of the authoritle.s of the town or city in which the 
money \s to he expended ; tmd such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusivel3% of its own school. 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sherift's, registers of pro])ate, com- 
missioners of insolvency, and clerks of the courts, by the 
people of the several counties, and that di.strict-attorneys 
shall l)e chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

117 Mass. 602, 603. 121 Mass. 0.5. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealtli, who shall not be able to read the constitution in 
the English language, and write his name : provided, Jioio- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
si.xty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thou.'^and 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 representatiA'es shall consist of two hun- 
dred and forty members, which shall be apportioned by 
the leijislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
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 ; 



divide couatifs. 



: for 
to be 



COMMONWEALTH OF MASSACHUSETTS. 45 

and it shall be the duty of the secretary of the common- Secretary shaii 

,,, . .... ■■ /•/ • i • 1 j_ • 1 cerlitytootlice'.'S 

wealth, to certiry, as soon as may be atter it is aeterniined aiiti.ori/e<i to 
l)y the legislature, the num1)er of representatives to which 
each county shall be entitled, to the board authorized to 
divide each county into representati^ e districts. The 
mayor and aldermen of the city of Boston, the county 
commissioners of other counties than Suffolk, — or in lieu 
of the ma^'or 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 ma}^ for that purpose be provided by law, — 
shall, on the first Tuesday of Auo-ust next after each ^i''!'')"'^* 

' ./ » division t- - - 

assignment of representatives to each county, assemble at fii»t Tuesday 
a shire town of their respective counties, and proceed, as proceodiugs. 
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 Qualifications of 
his election, shall have been an inhabitant of the district i^^MaBs.'ag^r 
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 Districts to be 
numbered by the l)oard creating the same, and a descrip- de™!n'ed and 
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 oneimndrcd 
hundred members of the house of representatives shall quorum* '^ 
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. 

AiiT. XXII. A census of the legal voters of each city Census, etc. 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the connnon- 
wealth, on or before the last day of June, in the year one 



4G CONSTITUTION OF THE 

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 
Voters to be year thereafter. In the census aforesaid, a special enu- 
tionmentof mcratiou 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 Avard of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
seiiate to consist ccusus. The Senate shall consist of forty members. The 

oi forty mem- i ii • ^ • • 

ber*. general court shall, at its first session alter each next pre- 

ceding .special enumeration, divide the commonwealth into 

dfa'tHctt^ltc. forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 

see amend- coi'dlug to tlic enumeration aforesaid : j^^^ovided, Jioicever, 

xxiv.' ' ' 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 

Quaiiiicaiions couiities, iuto ouc 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 l)e 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 

bersTquormu. thaii sixtccii sciiatoi's shall constitute a quorum for doing 
l)usiness ; l)ut a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent meml)ers. 

uvo'?ears'°e. Art. XXIII. [No pcrsou of forclgu birth shall be en- 

quired of natu- titled to votc, or shall l)e eliijible to ofiice, unless he shall 

ralized citizens, , ',, ..~.. 

to entitle to Buf- have resided within the jurisdiction of tlie United States 
eii'idbie to office, for two years subsequent to his naturalization, and shall 
annni'iedby be othcrwisc qualified, according to the constitution and 
Art. XXVI. laws of this commonwealth: provided, that this amend- 
ment shall not afiectthe rights which any person of foreign 
birth possessed at the time of the adoption thereof: and, 
]irnvided, 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.] 
senate?"'^ '" ^'^^ Art. XXIY. Ally vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority" of the senators elected, 
co'imcii."'^ *" ''^^ Art. XXY. In case of a vacancy in the council, from 
a failure of election, or other cause, the senate and house 



COMMONWEALTH OF MASSACHUSETTS. 47 

of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that ofiice. 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. 

Akt. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, me'utH uuuuiied! 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to ofiice, 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 afl'ect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided , furtlier , 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 
wdiolly annulled. 

Art. XXVII. So much of article two of chapter six officers of 
of the constitution of this commonwealth as relates to may be elected^ 
persons holding the office of president, professor, or gen™raTcomt. 
instructor of Harvard College, is hereby annulled. 

Art. XXVIII. No person having served in the army Persons having 
or navy of the United States in time of war, and having u.' smarmy or 
been honorably discharged from such service, if otherwise "obe'd^squau- 
qualified to vote, shall be disqualified therefor on account «ed from voting, 
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 voting pre- 
aud 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. 



ciucts in towns. 



48 CONSTITUTION OF THE 

The constitution of Massachusetts was a^eed 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 oe adopted by them, 
provided two-thirds of the A'otes given should be in the affirmative. 
When the convention assembled, it Avas 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, 
aoreeable 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 lo, 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 1854 and 1855, respectively, and ratified by the people the 
twenty-third day of ^lay, 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. 



COMMONWEALTH OF MASSACHUSETTS. 49 

The twenty-fourth and twenty-fifth Articles were adojited b}^ the 
legishitures 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 bj- the legislatures of the 
political years 1862 and 1863, and ratified by the people on the sixth 
day of Api'il, 1863. 

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

The twenty-eighth Article was adopted by the legislatures of the 
political yeai's 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 the 
people on the third day of November, 1885. 



INDEX TO THE COxNSTITUTION. 



A. 

Page 
Address of hotli houses of tlio legislature, judicial officers may be 

i-einoved by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, 2'2 

Atljutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by Quakers, 30, 31, 35 
Agriculture, arts, commerce, etc., to be encouraged, .... 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general com-t, 
agreetl to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
efl'ect, it shall be submitted to the people, and, if appro\ed 
by them by a majority vote, becomes a part of the con- 
stitution, 36, 37 

Apportionment of councillors, 24,41,42 

state to be di\'ided into eight districts, ..... 42 

Apportionment of senators, . . . . . . .13, 40, 46 

on basis of legal voters, and state to be divided into fortj' 

districts, 46 

Apportionment of representatives, ..... 16, 39, 40, 44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained without con- 
sent of the legislature, ....... S 

Arms, right of people to keep and to liear, for public defence, . 8 

Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, . . i^.^ • . . . 18 

Arrest, search and seizure, right of, regulated, 7 

warrant to contain special designation, 7 

Attorney -general, to be chosen by the people annually in November, 21, 43 
to hold office for one year from tliird Wednesday in January 

next thereafter, and until another is clioseu and qualified, 43 

election determined by legislature, 43 

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

votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



rage 



Attorney-general, vacancy occurring during session of tlie legisla- 
ture, filled by joint ballot of legislature from the people 
at large, 43 

vacancy occurring during recess of legislature, filled by gov- 
ernor by appointment, with consent of council, . . 43 

not eligible, unless an inhal)itant of tlie state for live years 

next i)receding election or appointment, . . . . 43 

office to be deemed vacant if person elected ©r appointed fails 

to 1)0 qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . H 
Auditor, to be chosen by the pet)ple annually in Noveml)er, . . 43 

to hold otfice for one j'ear from tliird Wednesday in January 

next thereafter, and until another is chosen and (jnalilicd, 13 

election determined by legislature, . . . . . • 13 

vacancy filled in same maimer as in office of attorney-general, 13 

not eligible, imless an inhabitant of the state for five j'ears 

next iH'ecetling election, ....... 43 

office to be deemed vacant if person elected or appointeil fails 

to be qualified within ten days, ...... 43 



B. 

Bail or sureties, excessive, not to be recpiired, ..... 9 

IJills, money, to originate in the house of representatives, . . 17 

Bills and resolves, to be laid before governor for revisal, . . . l'» 

to have force of law if signed t)y governor, . . . . H' 

if ol)jected to by governor in writing, to l>e retnrut-d to 
branch in which originated, and may ))e passed by two- 
thirds of each branch present and voting thereon by yeas 
and nays, ..........!<• 

if not returned by governor within tiv{: ilays after presenta- 
tion, to have force of law, unless the legislature adjourns 

bef(n-e that time expires, 11.34 

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

Boily iKjlitic, formation and luilnre of, '■'< 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption us-oU iu procuring an apijointment or election, 

to disqualify from holding any office of trust, etc., . . 32 



c. 

Census of ratable polls, 3S 

of inhabitants, 40, 44, 45 

of inhabitants and legal voters taken in tin; year Ksd."), and 

every tenth year thereafter, . . . • . . 44, 4G 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

Page 
Cities, may be chartered by the iieiicral court, if containing twelve 
thousand inhabitants and consented to i)}' a majority 

thereof 34 

Civil ollicers, mectinijc for election to ))e held annually on the Tues- 
day next after the first Monday in Novemi)er, ... 41 
whose election is provided for by tlie constitution to i)e 

elected by a jthirality of votes, ...... 41 

Clerks of courts, elected b}' t!ie people of tlie several counties, . 44 
Clerks of towns, to make records and returns of elections, . . \A 
Colonial laws, not repuj^nant to the constitution, continuid iu 

force, ;J2 

Commander-in-chief, governor to be, ....... 20 

Connnerce, agriculture and the arts, to be encourageil, ... 29 
Connnissary-iieneral, appointed and connnissioned as fixed Ijy law, . 2r>, 35 
Connnission otlicers, tenure of ofllce to be «!xpressed in commissions, 2() 
Connnissioners of insolvency, elected by tlie people of tlie several 

counties, .......... 44 

Commissions, to be in the name of the Connnomvealth, signed l)y 
governor, attested l)y the secretary, and have tlie great 

seal affixed, 32 

Congress, ilelegates to, ......... 27 

meml>ers of, may not iiold certain state offices, . . 3G 

Constitution, aineiidinent to, in'(jposed in tlie general court, agreed 
to l)y a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and referred to the next 
general court; if tlie next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall l)e snl)mitted to the people, and, if apin'oved b_v them 
by a majority vote, 1)ecomes a part of the constitution, . 

Constitution, provisions for revising, 

to be enrolled on parchment, deposited in secretary's otliee, 
and printed in all additions of tin; laws, .... 

Coroners, ............ 

Corru])tioii or bribery used in i)rocuriiig any appointment or elec- 
tion, to disqualify from holding any oliiee of trust, etc.. 
Council, (ive members to constitute a ((iiorniii, ..... 

eight councillors to l)e elected annually, ..... 

election to be determined liy rule refjuired in that of gover- 
nor, 42 

to take oath of office befon; the president of tlie senate in 

presence of botli Innises of assembly, .... 2!) 

to rank next after the lieutenant-governor, .... 2.') 

resolutions and advice to be recorded in a register, and signed 

by the members present, ....... 25 

register of council may be called for by either house, . . 25 
to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 25 



3(1, 


37 


33, 


3G 




34 




21 




:!2 




24 


24, 


42 



54 INDEX TO THE CONSTITUTION. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, each composed of Ave contiguous 

senatorial districts, 42 

eligible to election if an inhabitant of state for live j'^ears pre- 
ceding election, 42 

term of office, 37 

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 rilled by governor with advice of 

council, 4G, 47 

Court, superior, judges not to hold certain other offices, ... 36 
Court, supreme judicial, judges to have honorable salaries rixed 
by standing laws, and to hold office during good be- 
havior, y, 23 

judges not to hold certain other offices, 36 

to give opinions upon important (piestions of law, etc., when 
required by either branch of the legislature or b^' the 

governor and council, 26 

Courts, clerks of, elected by the people of the several counties, . 44 

Courts, probate, j^rovisions for holding, 2() 

registers elected by the people of the several counties, . 44 

Courts and judicatories may be establislied by the general court, 11 

may administer oaths or affirmations, . . , . 11 

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

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

D. 

Debate, freedom of, in the legislature 8 

Declaration of the rights of the inhabitants 4 

Declaration and oaths of officers ; tests abolished, . . . 2!), 3.j, 36 

Delegates to congress, ......... 27 

Departments, legislative, executive and judicial, to be kept separate, !) 

District attorneys, elected by the people of the several districts, . 44 
Districts, councillor, eight, each to be composed of five contii.'uous 

senatorial districts, ........ 42 

Districts, senatorial, forty, to be of adjacent territory, and to con- 
tain as near as may be an equal number of voters, . . 46 
Districts, representative, to be established by commissioners in the 

several counties, 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

Elections, by the people, of civil officers provided for by the consti- 
tution, to be by plurality of votes, 41 



INDEX TO THE CONSTITUTION. 55 

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

Tuesday next after tlie first Monda.y in November, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in November, 41 

Election returns, 18, 42 

Enacting style of laws, established, 33 

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 

£'x j}os«/ac<o laws, declared unjust and oppressive, .... 9 

F. 

Felony and treason, no subject to be declareil guilty of, by tlie legis- 
lature, ........... 9 

Fines, excessive, not to be imposed, 9 

Frame of government, .......... 10 

Freeilom of speech and debate in the legislature, .... 8 

Freehold, possession of, not required as qualification for seat in the 

general court or council, 41 

Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, ..... . 8 

not to declare any subject to be guilty of treason or felony . 9 

formed by two branches, a senate and house of repi'esenta- 

tives, 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, 19, 37 
may constitute and erect judicatories and courts, . . . n 
may make wholesome anil 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, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, 20, 37 

travelling expenses of members, ...... 16 

may be adjourned or prorogued, upon its request, by the gov- 

enior with advice of council 19 

session may be directed by governor, with advice of council, 
to be held in other tlian the usual place in case of an infec- 
tious distemper prevailing, . . , . . . 19, 20 



56 INDEX TO THE CONSTITUTION. 

Page 
General court, judicial officers may be removed upon address of, . 26 
person convicted of bribery, not to liold seat in, ... 32 
may iiK^rease property (|iialifications of persons to l)e elected 

to office, 32 

certain officers not to have seats in, . . . . . . 31 

may be prorogued l)y governor and council for muety days, if 

liouses disagree, etc., ....... 20 

to elect major-generals l)y concurrent vote, . . . . 21 

empowci'ed to cliarter cities, 34 

to detenniue election of governor, lieutenant-govenior and 

comicillors, . . . . . . . . . .41,4'-' 

to prescribe lij'law for election of shcrifTs, registers of probate 
and counnissioncrs of insolvency by tlu; peo|)le of the 
counties, and district attorneys by llie jK'ople of tjie 
districts, .......... 44 

Government, objects of, 3, .'>, G 

(Joveruiiient by the people, as a free, sovereign and indei)eii(lent 

state, 5 

Governor, the supreme executive magistrate, styled, — The Gover- 
nor of the CouiuionwealMi of Massachusetts; with the 
title of, — His Excellency ; elected annually, ... 18 

qualifications,^ — ^to have been an inhabitaut of the .state for 

seven years, and have freehohl of £1,000 value, . . 18, 35 
term of office, .......... 37 

shoidd h:i\'e an honorable stated salary, ..... 23 

the tH)uuuan(ler-iu-chief, of the army and navy, but may not 

oi)lige them to go out of the limits of the state, . . 20, 21 
to appoint the adjutant-general, ...... 22 

may call together th(^ councillors at any time, .... 10 

not to hold certain other ollices, ...... 31 

to take oaths of office before president of the senate in pres- 
ence of the two houses of assembly, ..... 31 

to sign all commissions, ........ 32 

election determined l)y the legislature, ..... 42, 43 

veto power, .......... 10 

vacancy in office of, powers to l)e exercised by the lieutenant- 
governor, 24 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the coiuicil, ...... 25 

with advice of council, may adjoin-n or prorogue the legisla- 
ture upon request, and convene the same, .... 19 

may adjourn or prorogue the legislature for not exceeding 
ninety days when lionses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious disteinjx'r jjrevailing, ...... 19 

to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before appoint- 
ment, . . . . 21, 35 



INDEX TO THE CONSTITUTION. 57 

Page 
Governor, to apiK)iiit oflicors of tlu^ continont.al army, . . , 22 
may parilou otleuces, hut not l)i'foro conviction, ... 21 
may till vacancy in council occurring when legislature is not 

ill Hession, .......... 47 

with consent of council, may remove; judicial odicers, upon 

tlie address of ))olii houses of tlie legislature, . . . 'JC. 
Governor and council, to examine election returns, . . . . 11, -li.' 

may ixmish persons guilty of disrespect, etc., l)y ini|)rison- 

ment not exceeding thirty (lays, . . . . . . 17, is 

quorum to consist of governor and at least live members of 

the council, lit 

may reepiire the attendance of the secretary of the comnion- 

\vealth in pt-rson oi- by de])uty, . . . . . . 20 



H. 

Halieas corpus, privilege of writ to be enjoyed in the most ample 
manner, and not to be; suspended by legislature except 
upon most urgent occasions, ...... ;)2 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, 27, 28 

board of overseers established, but the government of the 

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

officers may be elected members of the general court, . . 47 
Hereditary offices and privileges, absurd and unnatural, . . . r>, C, 
House of Representatives, members may be instructed by the ])eoplc, 8 

a representation of the people annually elected and founded 

upon the principle of equality, ...... 1(1 

may impose lines upon towns not choosing members, . . 1('> 
expense of travel once every session eatdi "wa^', to be jjaid by 

the government, HI 

to enter objections made by governor to a bill or resolve at 

large upon records, . . . . . . . . 10 

qualifications of members, 17,41,45 

nnist Ije an inhabitant of district for one year preceding elec- 
tion, and sliall cease to be a member when ceasing to be 
an inhabitant of the state, ....... 45 

members not to be arrested on mesne process during going to, 

return from, or attending till! general asseml)ly, . . 18 

the grand iiKpiest of tlHM'oiiiiiionwcalt-h, ..... 17 

to originate all money bills, l)ut 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, . . .17,45 

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 committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

Page 
House of Representatives, privileges of members, .... 18 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 26 

may require the opinions of the justices of the supreme judi- 
cial court upon important questions of law, and upon 
solemn occasions, 26 

meeting for election to be hold on the Tuesdaj' next after the 

first Monday of November, 41 

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 
number of legal voters, 44 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 
be divided, 45 

no district entitled to elect more than three representatives, . 45 

board authorized to divide county into districts, to be certi- 
fied to by the secretary, tlie number of representatives to 
which the county is entitled, 45 

I. 

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

indictment, 15, 16 

Incompatible offices, . . . . . . . . . . iU, 3G 

" Inhabitant," the word defined, IS 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, .^8, 40, 44, 45 

Insolvencj', commissioners of, elected by the people of the several 

counties, 44 

Instruction of representatives, 8 



J- 

Judges of courts may not hold certain other offices, . . . . .SI, 36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have* honoi'able salaries established by 

standing laws, 9, 23, 26 

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

legislature, 26 

not to hold certain other offices, 31 

Judicatories and courts, may be established by the general comt, . 11 

may administer oaths or affirmations, 11 

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



INDEX TO THE CONSTITUTION. 59 

Page 

Judicial officers, appointed by the governor witli consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, ..... 21 

to hold office during good behavior, except when otherwise 

provided b}^ the constitution, ...... 26 

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

of both houses of tlie legislature, . .... 26 

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

Justices of the peace, commissions to exi)ire in seven years from 

date of appointment, but may 1)e renewed, . . . 2C 

L. 

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

Laws, every person to have remedy in, for injurj'^ to person or ju'op- 

erty, 

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

ex post facto, pi"ohil)ited as unjust and inconsistent Avith free 

government, 9 

of province, colony and state, not repugnant to Ihe constitu- 
tion, continued in force, ....... 32 

Legislative power, 9 

Legislative department, not to exercise executive or judicial i)owers, 9 

Legislature (see General Court). 

Libertj' of the press, essential to the security of freedom, . . 8 
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, 37, 41 

in the absence of governor, to be president of tlie council, . 24 
to be acting governor when the chair of the governor is 

vacant, 24 

to take oath of office before president of tlie senate in presence 

of both houses, ......... 31 

not to hold certain other offices, 31 

term of office, ........... 37 

Literature and the sciences to be encouraged, ..... 29 

M. 

Magistrates and officers, accountable to the people r> 

Magistrates antl courts, not to demand excessive bail, impose exces- 
sive fines, or inflict cruel punishments, .... 9 

Major-generals, elected b}"^ senate and house of representati' es b.v 

concurrent vote. ......... 21 

may appoint their aids, 22 



60 INDEX TO THE CONSTITUTION. 

Page 
Mavriajaje, divorce and armioiiy, ...... .27 

Mai'tial law, oiilj- tliosc cniiiloyed in the aiiny and navy, and the 
inilitii! in actiial service, suhj(><'t to, except b.y anthority of 

U'jjislaturc, .......... !l 

Military power, subordinate to civil authority, ..... S 

Militia, not to Ix; ol)li;i;t'(l l)y connuander-in-chief to march out of the 

limits of the state, 21 

captains and sulialterns, elected by the train-bands, . . .21, :!."> 

all mcMubers of companies may vote, includinii; minors, . :\'> 

field otlicers, electeil l)y captains and snlndterns, . . . . 21 

brii^adii'rs, elected l)y lield olliccrs, ...... 21 

major-a;enerals, elected by senate and house of representatives 

by concurrent vote, ........ 21 

mode of election of oflicers to ))e lixed by standiuij; laws, . 21 
if electors refuse to elect, ujovernor witii advice of council 

may appoint oflicers, 22 

officers commissioned to connnand may be removed as may 

lie ))rescril)e(l by law, 22, .*?/> 

appointment of stafi" oflicers, ....... 22 

ors^anization ; divisions, bri<i;ades, reji;iments and companies. . 22 

Money, issued from treasury by warrant of iio\-ernor, etc., . . 22 
mentioned in the cons'Jtution, to be computed in silver at six 

shillings and eightpence per ounce, .".2 

Money bills, to originate in house of representatives, . . . 17 
Moneys, raised or ajipropriatcd for public or common schools, not 

to be ai)plied for support of sectarian schools, . . . 4;5 

Moral obligations of lawgivers and magistrates, .... 8 

Moral <iualifications for oflice, ........ 8 

Notaries public, to be appointed by governor with advice of council, 25, 3.5 
may be removed by governor Avith advice of council, upon 

address of both houses, ....... o5 

o. 

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

how and by whom taken and subscribed, . . . 29, 30, 31, 35 

forms of, 29, 30, 35 

Quakers may affirm, 31, 35, 3() 

to be taken by all civil and military ofUcers, .... 35 

Objects of government, 

Otlences and crimes, prosecutions for, regulated. 

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

Office, rotation in, right secured, 



7 

32 

6 



INDEX TO THE CONSTITUTION. 61 

I'age 

OfTicc, all persons haviiift' the proscribed <iniili(icatioiis equally eli- 

Uiblc 1() G 

no iHTsoii cliiiihlc l.o, unless liicy can read and \vi"ite, . . 44 
Ofliees, pliiiality of, proliihited to governor, lieutenant-governor and 

judges, 31, 3G 

ineonipatil>le 31,32,30 

OftU-ers, eivil, legislature may jirovide for the naming and settling 

of, . . 11 

Orticers, commission, tenure of oHiet' to be expressed in commis- 
sions, ........... 2fi 

(.Ulicc'rs, jwificial, to hold ollit-e during good l)e]ia\ior, except, etc., . 20 
may ])e removed by governor, ^vitll consent, of conucii, ii|)on 

the address of ])oth houses of the legislature, ... 20 
Utlieers of former goverinnent. eontimied, ...... 33 

Ottieers of the militia, election and ai)pointment of, .... 21 

i"eino\ al of. .......... 22, 35 

OHicers and magistrates, aceonutable to the people, .... 5 

Organization of tlie militia, ........ 22 



P. 

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

not before conviction, ....... 21 

People, to have the sole right to goAcrn themselves as a fi-ee, sover- 
eign and independent state, 

ha\(' a riglit to keep and to ))i'ar arms for the public defence, 8 
have a right to assemble to consult upon the connnon good, 
to instruct their representatives, and to petition legisla- 
ture, 8 

Person and i)roperty, I'einedy for injuries to, should l)e in t!i<' laws, . 

J'etitiou, right of, 8 

Plantations, nnincoi'porated, tax-paying inhabitants may vote for 

councillors and senators, ....... 14 

Plurality of otlices, .......... 31 

of votes, election of civil oflicers bj-, ..... 41 

Political year, begins on the first Wednesday of January, . . . 37 

Polls, ratable, census of, ......... 38 

Preamble to constitution, ......... 3 

Press, liberty of, essential to the security of freedom, ... 8 

Private property taken for ])nl)lic uses, conipensation to Ix; made for, G 

Probate courts, provisions for holding, ...... 20 

registers, elected l)y the peoijle of the several counties, . . 21, 44 

judges may not hold certain other oltices, ... 3G 

Property qualification, may be incnijised by the; legislature, . . 32 

partially abolished, ......... 41 

Prosecutions for crimes and ofiences regulated, ..... 7 



62 INDEX TO THE CONSTITUTION. 

Page 

Provincial laws, not repugnant to the constitution, continued in 

force, 32 

Public boards and certain officers to make quarterl}- reports to tlie 

governor, .......... 22 

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

nil persons liaving tlie prescribed qualiflcations equally eli- 
gible, ........... (> 

Public notary (see Notary public). 

Public religious worship, riglit and duty of, 4 

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

Q. 

Qualvcrs, may malvc affirmation, 31,35 

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

the legislature, 32 

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

Qualification, property, partially abolished, 41 

Qualifications of a voter, 13, 17, :U, 43, 46, 47 

of governor, 18, 43 

of lieutenant-governor, . . 23, 43 

of councillors, 41,43 

of senators, ......... 15, 40, 46 

of representatives, . . . . . . . .16,41,45 

of secretar}', treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum of council, to consist of five members, . . .19, 24, 42 

of senate, to consist of sixteen members, . . . . . 16, 46 

of house of representatives, to consist of one hundred 

members, 17, 45 

K. 

Eatable polls, census of, 38 

Heading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

Records of the commonwealth to be kept in the office of the secre- 
tary, 26 

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

signed by members present, 25 

Registers of probate, chosen by the people of the several counties, . 21, 44 

Religious denominations, equal protection secured to all, . . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established by law, 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membership of, defined, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Religious worsliip, public, right and duty of, and protection therein, 4 

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

worship, 4, 5, 38 

Remedies l)y recourse to the law, to be free, complete and prompt, . 6 

Repi'cseutatives (see House of Representatives). 
Resolves (see Bills and Resolves). 

Returns of votes, 13, 19, 42, 43 

Revision of constitution provided for in tlie year 1795, ... 33 
Rights, declaration of, 4 

s. 

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

disciualitied from voting on account of being paupers, . 47 
Salary, a stated and honorable salary to be established for the gov- 
ernor, ........... 23 

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

if not sutlicient, !t, 23 

School moneys, not to be appropriated for sectarian schools, . . 44 
Seal, great, of tlie commonwealth to be alHxed to all commissions, . 32 
Search, seizure and arrest, right of, regulated, . . . . . 7 

Secretary of tlie connnonwealth, to l)e clioseu by tlie people annually 

in November, . . . • 2."), 43 

to hold office for one year from third Wednesday in January 

next, thereafter, and until another is chosen and qualifled, 43 

manner of election, etc., same as governor, .... 43 

in failure of election by voters, or in case of decease of person 
elected, A'acancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 
at November election, 43 

vacancy occurring during session of tlie legislatm'e, filled by 

joint ballot of the legislature from the people at large, . 43 

vacancy occurring when legislature is not in session, to be filled 
by governor. l)y appointment, with advice and consent of 
council, 3.5, 43 

not eligible, unless an inhabitant of the state for fiAe jx^ars 

next preceding election or appointment, .... 43 

office to be deemed ^•acant if person elected or appointed fails 

to be qualifled within ten days, 43 

records of commonwealtli to be kept in office of , . . . 2G 

may appoint deputies, for Avhose conduct he shall be account- 
able, 26 

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

by deputies, as they shall require, 26 

to attest all commissions, 32 

to certify to board authorized to divide county into districts, the 

number of representatives to whicli the county is entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 
Sectarian schools, not to be maintained at puljllc expense, . . 44 
Selectmen, to preside at town meetings, elections, etc., ... 13 
Self-government, riglit of, asserted, ....... 5 

Senate, the first brancli of the legislature, lo, i;5 

to consist of forty members, apportionment, etc., . . 12, :31), 4(» 
to lie cliosen annually, . . . . . . . . i;5 

governor and at least live ccmncillors, to examine and count 

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

to be ilnal judges of elections, returns and (jualificatioiis of 

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

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

order of nuijority of senators elected, . . . . 15, 4G 

([ualilications of a senator, ....... IT), 41 

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

» to choose its ollicers and esta1)lish rules, ..... 15 

shall try all impeadiments, 15, 17 

sixteen meml)ers constitulc a (|Uorum, ..... 10 
may punish for certain oliences ; trial may be by couunittec;, . lH 
may reijuire tlie attendance of tlie secretary of the common- 
wealth in person or by deputy, 26 

may HMjuin^ the opinions of tlu; justices of the supreme 
judicial court upon iuiportant (juestions of law, and upon 
solenm occasions, ........ 2<1 

to enter objections, made by governor to i)assage of a bill or 

resolve, at large on records, . . . . . . 10 

districts, forty in ninnber, U) l)e of adjacetit territory, and to 

contain, as near as may l)e, an e(|ual munber of voters, . 46 
apportionment based upon legal voters, ..... 46 

Sherirts, elected by the people of the several counties, . . ,. 21, 44 
Silver, value of money mentioned in the constitution to I)e computed 

in silver at six shillings and eightpence per ounce, . . 32 
Soldier, not to be (pjarten-d in any house, in time of peace, witliout 

consent of owner, ........ 9 

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

qualilied from voting on account of being paupers, . . 47 
Solicitor-general, ........... 21 

Standing armies, dangerous to liberty and not to be maintained with- 
out consent of the legislature, ...... 8 

State or l^ody politic, entitled, — Tlie Commonwealth of Massaclnisetts, 10 
Supreme judicial court, judges to liave honoral)le salaries lixed by 

standing laws, and to hold office during good ])ehavior, . 1), 23 
to give opinions upon important questions of law, etc., when 
required by either branch of tlie legislature or by the gov- 
ernor and council, 26 

not to hold certain otlier offices, 31,36 

Sui-eties of bail, excessive, not to be required, 'J 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be foun(KHl on consent, 6, 8 

Tjixes, not to l)e levied without tiie consent of tiu' pet)i)Ie or their 

representatives, ......... 8 

may be imposed by the legislature, ...... 12 

valuation of estates, to be taken anew once at least I'very ten 

years, 12 

Tenure that all commissioTi oflicers sliall l)y law have in their odiet^s, 

sluill lie expressed in tlieir coiniiiissions, .... 2(1 

Tests abolished, iUi 

Title of body politic : The Connuonwealtli of Massachusetts, . . 10 

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, .... l."> 

Town meetings, selectmen to i)resi(le at, . . . . . . 1 3 

Town representation in the legislature, 1(1, 3;>, 4o 

Towns, voting precincts in, . . . . . . . . 17 

Travelling expenses of members, to general assembly and returning 
home, once in every session, to l)e i)aid 1)y llie govern- 
ment, 1<» 

Treason and felony, no sul)ject to lie declared gnilly of, by tbe 

legislature, .......... '■• 

Treasurer and receiver-general, to be ciiosen by tlie people annually 

in Novem})er, . . . . . . . . 2r>, 2(;, 4;> 

to hold oflice for (Mie year from third Wednesday in January 

next thereafter and until another is chosen and ((ualitied, . 43 
manner of election, etc., same as governor, .... 43 

not eligible, unless an inliabitant of the state U)i- live years 

next preceding election or ai)pointment, . . . . 43 

no man eligible more tlian live years successively, . . . 2"), 2f> 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be tilled by joint Ijallot of legislalure 
from the two jiersons having the highest number of \-oti-s 
at November election, ....... 43 

vacancy occurring during session of tlie legislature, tilled by 

joint ballot of the legislature from tlie jjcople at large, . 43 
vacancy occurring when legislature is not in session, to be 
tilled by governor, by appointment, with advice and con- 
sent of the council, ........ 35, 43 

office to l)e deemed vacant if person elected orapi>ointed fails 

to l)e qualified within ten days, ...... 43 

Treasury, no moneys to be issued from, l)Ut upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27, 28, 47 

Y. 

Vacancy in office of governor, powers to be exercised by lieutenant- 
governor, 24 

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

be exercised bj' the council, 25 

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 liy governor with 

advice of the council, 42, 47 

Vacancy in the senate to be filled by election by the people upon ihe 

order of a majority of senators elected, .... 15, 46 
Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to 
elect, filled l)y joint ))allot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, filled by joint l)allt)t 

of legislature from people at large, 43 

occurring when legislature is not in session, to l)e tilled by 

governor, l)y appointment, -with advice of council, . . ;>"), 43 
Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21,22 

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

least, 12 

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and i-epresentatives, . . 13, 17, 34, 44, 4(), 47 
not disqualified on account of being paupers if they have 

served in the army or navy in time of war, etc., . . 47 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . . 17, 34, 44 
the basis upon which tlie apportionment of representatives 

to the several counties is made, 44 

basis of apportionment of senators, ..... 46 

census of voters to be taken in 1865, and every tenth year after, 44, 46 

Votes, returns of, 13, 19, 42, 43 

plurality of, to elect civil oflicers 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 

Page 
"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 l)e 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, 32 

Writing and reading, necessary qualitications for voting, or holding 

office, -14 

Y. 

Year, political, begins on the first Wednesday of January, . . 37 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS. 



1887. 



The General Court of 1887 assembled on Wednesday, the fifth 
day of January. The oaths of office required by the Constitution to be 
administered to the Governor and Lieutenant-Governor elect were taken 
and subscribed by His Excellency Oliver Ames, and His Honor John 
Q. A. Brackett, on Thursday, the sixth 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 QJin^f 1 

GOVERNMENT FOR THE PRESENT YEAR. "^ 

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

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

LEGISLATIVE DEPARTMENT. 

For the salaries of the clerks of the senate and house of '^^"^^^ °^ ^«°^'^ 

1 1 T 1 11 and house. 

representatives, three thousand dollars each. 

For the salaries of the assistant clerks of the senate and Assistant clerks 
house of representatives, one thousand five hundred dol- 
lars €ach. 

For the salarv of the sergeant-at-arms, three thousand sergeantat- 

" o ' arms. 

dollars. 

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

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

For the salaries of the four messeng-ers to the sergeant- Sorgeantat- 

, 1 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 ^^niT**"^"^ 
fireman and janitor at the Commonwealth building, nine 
hundred dollars each. 

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



578 



1887. — Chapter 1. 



Lieutenant-gov- 
ernor, council. 



Travelling 
expenses. 

Private secre- 
tary. 

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 thouijand 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. 
First clerk. 
Second clerk. 
Third clerk. 
Extra clerks. 



secretary's DEPARTMENT. 

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

E'er the salary of the first clerk in the secretary's depart- 
ment, two thousand dollars. 

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

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

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



Treasurer. 



First clerk. 



Second clerk. 



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 depart- 
ment, two thousand five hundred dollars. 

For the salary of the second clerk in the treasurer's 
department, two thousand dollars. 

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

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

For the salary of the fund clerk in the treasurer's 
department, one thousand four hundred dollars. 
Receiving teller. Yov the salary of the receiving teller in the treasurer's 

department, one thousand four hundred dollars. 
Paying teller. Yov the Salary of the paying teller in the treasurer's 
department, one thousand two hundred dollars. 



Cashier. 



Third clerk. 



Fund clerk. 



1887. — Chapter 1. 579 

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

TAX commissioner's depahtment. 

For the salary of the deputy tax commissioner, two Deputy tas 
thousand seven hundred and fatty dollars. 

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

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

For such additional clerical assistance as the tax com- Extra cierus. 
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 thousand f-J^^^^^J°^ ^''" 
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 salaries of the two extra clerks in the auditor's Extra clerks. 
department, one thousand two hundred dollars each ; and 
for such additional clerical assistance as the auditor may 
lind necessary, a sum not exceeding five hundred dollars. 

attorney-general's department. 

For the salary of the attorney-general, four thousand eraiT*"^ ■^^"' 
dollars. 

For the salary of the assistant attorney-general, tw^o Assistant. 
thousand dollars. 

For the salary of a law clerk for the attorney-general, Law cierk. 
one thousand dollars. 

commissioners et al. 
For the salaries of the commissioners on savings banks. Commissioners 

. ., 1 1 II ° on savings 

SIX thousand dollars. banks. 

For the salary of the first clerk of the commissioners on First cierk. 
savings banks, one thousand five hundred dollars ; for the 
salary of the second clerk of said commissioners, nine 
hundred dollars. 



580 



1887. — Chapter 1. 



Insurance com- 
missioner. 

Deputy. 
First clerK. 
Becond clerk. 
Third clerk. 
Extra clerks. 



Inspector of 
gas meters. 



Commissioners 
of prisons, 
secretary. 

Clerical 
assistance. 



Railroad com- 
missioners. 



Clerk. 



Accountant. 



Assayer and 
inspector of 
liquors. 

Chief, bureau of 
statistics ot 
labor. 

"First clerk. 



Becond clerk. 



Additional 
assistance and 
expenses. 



Statistics of 
mauufactures. 



Commissioner 
on state aid. 



not exceeding eight thousand 



For the salary of the insurance commissioner, three 
thousand doUars. 

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

For the salary of the first clerk of the insurance com- 
missioner, two thousand dollars. 

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

For the salary of the third clerk of the insurance com- 
missioner, one thousand two hundred dollars. 

For such additional clerical assistance as the insurance 
commissioner may find necessary for the despatch of 
public business, a sum 
dollars. 

For the salary of the inspector of gas meters, two thou- 
sand dolhirs ; 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 five hundred dollars. 

For clerical assistance in the office of the commissioners 
of prisons, a sum not exceeding one thousand seven hun- 
dred dollars. 

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

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

For the salarv 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 sta- 
tistics 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 expenses in connection with the annual collection 
of statistics of manufactures, a sum not exceeding six 
thousand five hundred dollars. 

For the salary of the third commissioner on state aid, 
one thousand eight hundred dollars. 



1887. — Chapter 1. 581 

For clerical ascsistance, salaries and expenses of agents, clerical assist- 

d, 1 /• J 1 • • ance and 

other necessary expenses or the commissioners on expenses. 

state aid, a sum not exceeding five thousand seven hun- 
dred dollars. 

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

n .1 ir» 1 11111 commissioners. 

nve thousand fave hundred dollars. 

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

For the salary of the chief examiner of the civil service civii service 

, ii 1^ 1 11111 1^ commission. 

commission, two thousand nve 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- Gascommis. 

Bion6rs> 

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 agricul- board*o7 °^ 
ture, two thousand five hundred dollars. agriculture. 

For the salary of the clerk of the secretary of the board ^'"'^• 
of agriculture, eleven hundred dollars. 

For other clerical assistance in the office of the secretary Additional 
of the board of agriculture, and for lectures before the sietancer 
board at its annual and other meetings, a sum not exceed- 
ing eight hundred dollars. 



EDUCATIONAL DEPARTMENT. 

Secretarv of the Secretary 

educa- 



For the salary and expenses of the secretary of the secretary of 
board of education, three thousand four hundred dollars, uon. 
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. cierk. 

For such clerical assistance in the state library as may Additional 
be found necessary, a sum not exceeding two thousand 
five hundred 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, three thousand ^^^'^lant- 
dollars. 



582 



1887. — Chapter 2. 



First clerk. 



Second clerk. 



Additional 
clerk. 

Extra clerks. 



Messenger. 



AddlUonal 
clerks. 

Employees at 
arsenal. 



Surgeon, 
general. 



Decennial 
census. 



Secretary of 
state board of 
health. 



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

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

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

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

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

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

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

MISCELLANEOUS. 

For the completion of the decennial census of the year 
eighteen hundred and eighty-five, a sum not exceeding 
seventeen thousand dollars. 

For the salary of the secretary of the state board of 
health, two thousand five hundred dollars. 

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

Approved January 28, 1887. 



Chap. 2 



An Act making appropriations for the compensation and 
mileage of the members of the legislature, for the com- 
pensation of officers thereof, and for expenses in con- 
nection therewith. 



Be it enacted, etc. , as follows : 

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

For compensation of senators, thirty thousand seven 
hundred and fifty dollars. 

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

For compensation of representatives, one hundred and 
eighty thousand seven hundred and fifty dollars. 

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



Senators, com- 
pensation. 

Senators, 
mileage. 

Representa- 
tives, compen- 
sation. 

Representa- 
tives, mileage 



1887. — Chapter 3. 583 

For compensation of the chaplains of the senate and '^hap'"*""- 
honse of representatives, three hundred doHars each. 

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

For contingent expenses of the senate and house of necel^fr^y ' """"^ 
representatives, and necessary expenses in and about the expenses. 
state house, a sum not exceeding seven thousand dollars. 

For expenses of summoning witnesses before committees witnesses 
and for fees for such witnesses, a sum not exceeding two lun^ees?"™" 
hundred dollars. 

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

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

Approved January 28, 1887. 



An Act making appropkiatioxs fok compensation and mile- QJidyy^ 3 

AGE OF OFFICEKS 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 Common- 
wealth, from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thi>-ty-first day of December in the year eighteen hundred 
and eighty-seven, to wit : — 

For compensation of officers and men of the volunteer Miutia, — com. 
militia, a sum not exceeding eighty-five thousand dollars. p''°*''"°"- 

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

For incidental and contino;ent expenses of the adiutant- incidental and 

O t •^ contingent 

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

For rent of brigade and battalion headquarters and ^^^^i^^J^^^d' 
company armories, a sum not exceeding thirty-one thou- armories. 
sand 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 Quartermaster's 
twelve thousand dollars. *"^^ "■*" 



584 



1887. — Chaptek 4. 



Military 
accounts. 



Medical Bup- 
plies. 

Surgeon- 
general. 

Record of 
officers, etc. 



Die position of 
proceeds of sale 
of grass at camp 
ground. 



Camp ground. Yov grading and care of the camp ground of the Com- 
monwealth, at Framingham, a sum not exceedmg one 
thousand dollars. 

For military accounts in connection with the volunteer 
militia, not otherwise provided for, a sum not exceeding 
four thousand dollars. 

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

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

For expenses in connection with the record of Massa- 
chusetts officers, sailors and marines, a sum not exceeding 
fifteen hundred dollars. 

Any sums of money received under the provisions of 
section eighty-eight of chapter fourteen of the Public Stat- 
utes, and from the sale of grass at the state camp ground, 
may be expended by the quartermaster-general, under the 
direction of the governor and council, for the purchase of 
other military supplies, and for the care and improvement 
of said ground. 

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

Approved February i, 1887. 

An Act making appropuiations for the maintenance of the 

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

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 Common- 
wealth, from the ordinary revenue, fOr the purposes 
specified, to meet expenses for the yenr ending December 
the thirty-first in the year eighteen hundred and eighty- 
seven, to wit : — 



Chap. 4 



Supreme judi- 
cial court, — 
Clerk. 

Reporter. 



Officers and 
messenger. 

Expenses. 



SUPREME JUDICIAL COURT. 

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

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

For the salaries of the officers and messeno^er of the 
supreme judicial court, sixteen hundred dollars. 

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



1887. — Chapter 4. 585 



SUPERIOR COURT. 



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

For the salaries of the eleven associate iustices of the Associate 
superior court, fifty-five thousand dollars. 



justices. 



COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge of probate and insolvency Judges, probate 
for the county of Suffolk, five thousand dollars. — suffoV.''"''^' 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



586 



1887. — Chapter 4. 



Worcester. 
Essex. 
Norfolk. 
Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 

Franklin. 

Barnstable. 
Nantucket. 
Dukes County. 



Assistant regis- 
ters, — Suffolk. 

Middlesex. 



Worcester. 



Essex. 



Norfolk. 



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



1887. — Chapter 4. 587 

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

For extra clerical assistance to the register of probate clerical assut- 
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 cicHcai assist 
and insolvency for the county of Middlesex, a sum not sex.' 
exceeding one thousand five hundred dollars. 

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

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

For expenses of courts of probate and insolvency, a Expenses. 
sum not exceeding tw^o thousand dollars. 

DISTRICT ATTORNEYS. 

For the salary of the district attorney for Suffolk dis- District attor- 
trict, four thousand five hundred dollars. °^^' 

For the salaries of the first and second assistant district Assistant dis- 

tnct attorneys. 

attorneys for Suffolk district, two thousand five hundred 
dollars each. 

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

For the salary of the district attorney for the northern District attor. 
district, two thousand four hundred dollars. disu-ict. '^^ 

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

For the salary of the district attorney for the south- 1?"*^'?''""" 
eastern district, one thousand eight hundred dollars. 

For the salary of the district attorney for the southern southern dis- 

trict 

district, one thousand eight hundred dollars. 

For the salarj- of the district attorney for the middle Middle district, 
district, two thousand one hundred dollars. 

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

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

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

Ajyproved February i, 1SS7. 



588 



1887. — Chapter 5. 



Chap. 5 



Appropriationa. 



Printing and 
binding public 
documents. 



Pamphlet edi- 
tion of acts and 
regolves. 



"Blue Book" 
edition of acts 
and resolves. 



Newspaper 
publication of 
general laws. 



Term reports. 



Assessors' 
books and 
blanks. 



Paper for st.ite 
printing. 



Tables and 
indexes to the 
statutes. 



Lpgislative 
printing and 
binding. 



An Act making appropriations for printing and binding pub- 
lic DOCUMENTS, PURCHASE OF PAPER, PUBLISHING LAWS, AND 
PREPARING TABLES AND INDEXES RELATING TO THE STATUTES. 

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

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

For printing the pamphlet edition of the acts and re- 
solves of the present year, for distribution in the Common- 
wealth, a sum not exceeding two thousand five hundred 
dollars. 

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

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

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

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

For 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. 

For preparation of tables and indexes relating to the 
statutes of the present year and subsequent years, under 
the direction of the governor, a sum not exceeding three 
hundred dollars. 

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

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

Approved February 7, 1887. 



1887. — Chapter 6. 589 



An Act making appropriations for certain educational (JJimj. 

EXPENSES. 

Be it enacted^ etc., as follows: 

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

For the support of state normal schools, a sum not gc^ooi"?*^"^' 
exceeding sixty-five thousand nine hundred and seventy- 
five dollars, to be paid out of the moiety of the income of 
the Massachusetts school fund applicable to educational 
purposes. 

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

11 ,, , J. !• •, art school. 

elude rent, taxes, etc., a sum not exceedmg sixteen 
thousand dollars, to be paid from the unappropriated bal- 
ance of the moiety of the income of the Massachusetts 
school fund applicable to educational purposes, and the 
excess, if any, from the treasury of the Commonwealth. 

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

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



For the Massachusetts teachers' association, the sum of Jf^^^^^^.^,"*®"* 
three hundred dollars, to be paid out of the moiety of the association. 
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 state Board of educa- 

ii/>i.. , T-ii 1 tion, salaries 

board ot education, a sum not exceeding nine thousand and expenses 
three hundred and ninety dollars. "^ ^^°"'«- 

For incidental expenses of the state board of education. Expenses of 

1/..I jji o J. T board and sec- 

and ot the secretary thereof, a sum not exceeding one retary. 
thousand two hundred dollars. 

For the Dukes County teachers' association, the sum of J^"cher?as"so- 
fifty dollars. ciauon. 

For aid to pupils in state normal schools, a sum not nor^mai'rcho'*of8. 
exceeding four thousand dollars, payable in semi-annual 



590 



1887. — Chapters 7, 8. 



Travelling 
expenses of 
board. 



School for the 
blind. 

Beneficiarios in 
aBylums for 
deaf and dumb, 



State library. 



Rogers hook 
fund and Todd 
normal school 
fund. 



School for the 
feeble-minded. 



Chap. 7 



May increase 
capital stock. 



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

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

For the Perkins institution and Massachusetts school 
for the blind, the sum of thirty thousand dollars. 

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

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

The income of the Kogers book fund, of the Todd nor- 
mal school fund, and of the two technical educational 
funds, shall be expended in accordance with the provi- 
sions of the various acts relating thereto. 

For the Massachusetts school for the feeble-minded, the 
sum of twenty thousand dollars. 

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

Approveii February 7, 1887. 

An Act to authorize the Arlington mills to increase its 

capital stock, 

Be it enacted, etc., as follows: 

Section 1. The Arlington Mills, a corporation located 
in the city of Lawrence, may increase its capital stock to 
an amount not exceeding one million five hundred thou- 
sand dollars, subject to the provisions of the general laws 
regulating the payment of capital stock. 

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

Approved February 8, 1887. 



Chap. 8 -^^ -^^^ '"'^ AMEND THE CHARTER OF THE MARINE SOCIETY 



AT 



Charter 
amended. 



SALEM. 



Be it enacted, etc., as follows: 

Section 1. So much of chapter twenty-one of the 
acts of the Province of the Massachusetts Bay of the 
year seventeen hundred and seventy-two, being an act to 
incorporate the Marine Society at Salem, as relates to the 
monthly meetings of said society, is hereby repealed : and 
said society is hereby authorized and empowered to hold 
meetings for the purpose of electing officers and commit- 



1887. — Chapter 9. 591 

tees, admitting members, altering by-laws and transacting 
any business legally coming before it, at such times as it 
may hereafter by by-law establish and appoint. 

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

Approved February S, 1887. 

An Act making appropriations for incidental, contingent nj^nj) 9 

AND MISCELLANEOUS EXPENSES OF THE VARIOUS DEPARTMENTS ^ 

and COMMISSIONS OF THE COMMONWEALTH. 

5e it enacted, etc., as foUoivs : 

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



LEGISLATIVE DEPARTMENT. 

sftd bv thft olpvk-. ^.^^ 

lery. 



For stationery for the senate, purchased by the clerk, fjontryr*^' 



a sum not exceeding nine hundred dollars. 

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

For books, stationery, printing and advertising, ordered frm'8^''g"a^'' 
by the sergeant-at-arms, a sum not exceeding eight hun- tionery, etc. 
dred dollars. 

For incidental and contingent expenses of the sero-eant- incidental and 

Ti 1 1 1111 contingent 

at-arms, a sum not exceeding three hundred dollars. expenses. 

EXECUTIVE DEPARTMENT. 

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

For postage, printing and stationery of the executive Postage, print- 
department, a sum not exceeding eight hundred dollars, twnery.^ "*' 

For the contingent expenses of the governor and coun- contingent 
cil, a sum not exceeding one thousand five hundred dollars, ^^p'^"*''*- 

For postage, printing and stationery for the executive Postage, print- 
council, a sum not exceeding five hundred dollars. ti\fne?y.*'* 

STATE HOUSE EXPENSES, ETC. 

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

For fuel and lights for the state house, a sum not ex- Fuel and lights. 
ceeding six thousand dollars. 



592 



1887. — Chapter 9. 



Commonwealth 
'building. 



Beacon street, 
number thir- 
teen. 



Civil service 
commiHsioners. 



Bureau of 
statistics of 
labor. 



Elevators. 



For repairs, improvements, furniture and other nec- 
essary expenses at the Commonwealth building, a sum 
not exceeding five thousand dollars. 

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

For rent of rooms for the use of the civil service 
commission, a sum not exceeding eight hundred dol- 
lars. 

For rent of rooms for the use of the bureau of statistics 
of labor, and for the services of a janitor, a sum not ex- 
ceeding three thousand dollars. 

For expenses of running the elevators at the state house, 
and repairs to the same, a sum not exceeding three thou- 
sand dollars. 



Incidental 
expenses. 
Secretary. 



Treasurer. 



Tax commis- 
sioner. 



State valuation. 



Commissioner 
of corporations. 

Auditor. 



Attorney- 
general. 



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 and contingent expenses in the depart- 
ment of the treasurer and receiver-general, a sum not 
exceeding two thousand two hundred and fifty dollars. 

For incidental and contingent expenses in the depart- 
ment of the tax commissioner, a sum not exceeding three 
thousand dollars. 

For expenses of the state valuation, under the direction 
of the deputy tax commissioner, a sum not exceeding three 
thousand dollars. 

For incidental expenses of the commissioner of corpo- 
rations, a sum not exceedins: four hundred dollars. 

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

For incidental expenses of the attorney-general, a sum 
not exceeding thirteen hundred and seventy-five dollars ; 
and for expenses of civil actions, a sum not exceeding i 
three hundred dollars. 



Harbor and - 
land commis- 
sioners. 



COMMISSIONERS ET AL. 



For travelling and other necessary expenses incidental 
thereto, of the harbor and land commissioners, a sum not 



exceeding one thousand dollars. 



1887. — Chapter 9. 593 

For ncidental and contingent office expenses of the incidental 
harbor and hmd commissioners, a sum not exceeding live 
hundred dollars. 

For incidental expenses of the department of the insur- insurance com- 

'■ * , - ^ missioner. 

ance commissioner, a sum not exceeding two thousand live 
hundred dollars. 

For compensation of experts or other agents, for rent KaUioad com- 
01 oince and tor incidental and contingent expenses ot the 
railroad commissioners, a sum not exceeding four thou- 
sand two hundred and fifty dollars. 

For travelling and incidental expenses of the commis- commissioners 

P 11-1 4- • 1 1 on savings 

sioners on savings banks, the same to include expenses biuii<s. 
incurred in auditing the accounts of county officers, a 
sum not exceedino- two thousand dollars. 

For travelling and incidental expenses of the gas Gas commis- 
commissioners, a sum not exceeding one thousand dol- ""°'^''''- 
lars. 

For travelling and incidental expenses of the inspector inspectors of 
and assistant inspector of gas meters, a sum not exceed- ^''*"'^*''*- 
ing six hundred dollars ; and for furnishing such addi- 
tional apparatus as the inspector of gas meters may find 
necessary, a sum not exceeding two hundred dollars. 

For compensation and expenses of the civil service civii service 
commissioners, a sum not exceeding two thousand five ''o'"™'^*'""^''*- 
hundred dollars. 

For clerical services, expenses 'of examinations and Expenses of 

n T ' •^ ' • - examinations. 

other necessary expenses of the civil service commission, 
a sum not exceedino- five thousand eight hundred dol- 
lars. 

For compensation and expenses of the commissioners commissioners 

, iiAi- J T -jI 1 on inland fish- 

on inland fisheries, a sum not exceeding six thousand eries. 

three hundred and twenty-five dollars. 

AGRICULTURAL. 

For bounties to agricultural societies, eighteen thousand ;o||"eti"e8"'"' 
six hundred dollars. 

For travelling and necessary expenses of the members Board of agri- 
of the board of agriculture, a sum not exceeding one thou- ExpeiTses. 
sand six hundred dollars. 

For incidental expenses of the board of agriculture, a incidental 

, '■ ^ expenses. 

sum not exceeding five hundred dollars. 

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



594 



Experiment 
station. 



Agricultural 
college. 



Contagious 
diseaseg among 
cattle, etc. 



1887. — Chapter 9. . 

For maintaining an agricultural experimental station at 
the Massachusetts agricultural college, in the town of 
Amherst, the sum of ten thousand dollars. 

For the Massachusetts agricultural college, for the pur- 
pose of providing eighty free scholarships, the sum of ten 
thousand dollars. 

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



I 



State and mili- 
tary aid to 
volunteers and 
families. 



Expenses. 



Soldiers' 
bounties. 



EXPENSES RESULTING FROM THE WAR 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 sixty-five thousand dollars ; the same to be 
paid 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. 

MISCELLANEOUS. 



Removal of 
wrecks, etc. 



State records. 



Survey and map 
of the state. 



Boundary lines 
of cities and 
towns. 



Moneys in 
hands of re- 
ceivers of 
insolvent cor- 
porations. 



Public 
administrators. 



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

For the arrangement and preservation of state records 
and papers in the department of the secretary of the Com- 
monwealth, a sum not exceeding five thousand dollars. 

For expenses in connection with a topographical survey 
and map of Massachusetts in co-operation with the United 
States geological survey, seven thousand six hundred and 
sevent3'-four dollars and fifty-nine cents. 

For the determination by triangulation of the boundary 
lines of the cities and towns of the Commonwealth, a sum 
not exceeding three thousand dollars. 

For the payment of unclaimed moneys in the hands of 
receivers of certain insolvent corporations, after the same 
has been deposited in the treasury of the Commonwealth, 
a sum not exceedins; five thousand dollars. 

To carry out the provisions of the act relative to the 
payment by the treasurer of the Commonwealth of funds 



I 



18S7. — Chapter 10. 595 



received from public administrators, a sum not exceeding 
four thousand dollars. 

For expenses incurred in the construction and repair of ^ashpee. 
roads in the town of Mashpee during the year eighteen 
hundred and eighty-six, the sum of three hundred dol- 
lars. 

For weiofhts, measures, balances and reports for sundry weights and 

T.*^ ,T, J Tij.1 measures for 

newly mcorporated towns, a sum not exceednig two thou- new towns. 
sand four hundred dollars. 

For travellino- and other necessary expenses of the Primary, reform 

o , f T • 1 • I ^'■'^ industrial 

trustees of the state primary, reform and industrial schools. 
schools, a sum not exceeding one thousand two hundred 
dollars. 

For compensation, travelling and other necessary ex- arturat'ion'! et^c. 
penses of the state board of arbitration and conciliation, a 
sum not exceeding five thousand dollars. 

For travelling and the general expenses of the state ^eailth''"*"^ °^ 
board of health, a sum not exceeding six thousand eight 
hundred dollars. 

For salaries and expenses in connection with the inspec- ^fi^^f^odand 
tioii of milk, food and drugs, a sum not exceeding ten drug's. 
thousand dollars. 

The fees under section twelve of chapter sixty of the f^^m^'^'^^'^'' 
Public Statutes are hereby appropriated, to be used in 
accordance with the provisions of said section. 

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

Apxyrooed February 14, 1887. 

An Act making appropriations for salaries and expenses at (Jfiap^ 10 

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

Be it enacted etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropriatione. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes herein 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and eighty-seven, to wit : — 
h For the payment of salaries and wages at the state stateprison, 
prison at Boston, a sum not exceeding fifty-one thousand Ixplnse^." 
dollars ; and for other current expenses at said institution, 
a sum not exceeding seventy-one thousand five hundred 
dollars. 



I 



•I 



596 



1887. — Chaptek 10. 



Massachusetts 
reformatory, 
salaries and 
expenses. 



Reformatory 
prison for 
women, salaries 
and expenses. 



Removing 
prisoners. 



Removing 
prisoners. 



Aid to convicts 
discharged from 
state prison. 



Discharged 
female convicts. 



Prisoners dis- 
charged from 
Massachusetts 
reformatory. 

Support of 
prisoners 
removed from 
reformatory. 

Board of prison- 
ers removed 
from Massachu- 
setts reforma- 
tory. 

Commissioners 
of prisons. 



Travelling 
expenses. 



Arrest of fugi- 
tives from 
justice. 



For the payment of salaries and wages at the Massa- 
chusetts reformatory at Concord, a sum not exceeding 
fifty-seven thousand dollars ; and for other current ex- 
penses at said institution, a sum not exceeding ninety- 
five thousand dollars. 

For the paj^ment of salaries and wages at the reforma- 
tory prison for women at Sherborn, a sum not exceeding 
twenty-three thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding thirty- 
seven thousand eight hundred dollars. 

For expenses incurred in removing prisoners to and 
from the reformatory prison for women, a sum not ex- 
ceeding two hundred dollars. 

For expenses incurred in removing prisoners to and 
from the Massachusetts reformatory, a sum not exceeding 
one thousand dollars. 

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

For the salary of the agent for aiding female convicts, 
discharged from the prisons 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. 

For aiding prisoners discharged from the Massachu- 
setts reformatory, a sum not exceeding three thousand 
dollars, to be expended by the commissioners of prisons. 

For the payment of the cost of supporting prisoners 
removed from the reformatory prison for women, a sum 
not exceeding four hundred dollars. 

For board of prisoners reipoved from the Massachusetts 
reformatory, a sum not exceeding four hundred dollars. 

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

For travelling expenses of the commissioners of pris- 
ons and of the secretary thereof, a sum not exceeding 
eight hundred dollars. 

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

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

Approved February 14., 1887. 



mortgage bonds. 



1887. — Chapters 11, 12. 597 



An Act to authorize the plum island street railway (JJidj), 11 

COMPANY TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The Plum Island Street Railway Com- May issue 
pany, from time to time, by vote of a majority in mter- 
est of its stockholders, at meetings called for the purpose, 
may issue coupon or registered bonds to an amount not 
exceeding forty thousand dollars : provided, that the Proviso, 
amount of bonds so issued under the provisions of this 
act shall at no time exceed the amount of stock actually 
subscribed for and paid in at par at that time ; and to 
secure the payment thereof, with interest thereon, the 
said company may make a mortgage of its road and fran- 
chise and any part or all of its other property, and may 
inckide in such mortgage property thereafter to be ac- 
quired. 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 mort- 
gage which may become worn, damaged or otherwise 
unsuitable to be used in the operation of its road, pro- 
vided that an equivalent in value be substituted in lieu 
thereof. 

Section 2. All bonds so issued shall first be approved approved and 
1)}^ some person appointed by the corporation for that certified. 
purpose, who shall certify upon each bond that it is prop- 
erly issued and recorded. 

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

Approved February 14, 1887. 



An Act making appropriations for deficiencies in appropri- Q'Jkx')), 12 

ATIONS for certain EXPENSES AUTHORIZED IN THE YEAR 
EIGHTEEN HUNDRED AND EIGHTY-SIX. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the payment of 
certain expenses in excess of appropriations therefor, in 
the year eighteen hundred and eighty-six, to Avit : — 

For travelling and incidental expenses of the commis- commissioners, 
sioners on savings banks, two hundred and sixty-three ^^"''g* ^a""^*- 
dollars and fiftv-tive cents. 



598 



1887. — Chapter 13. 



Treasurer. 



Board of 
agriculture. 



Term reports. 



Senate and 
house of repre- 
sentatives. 



Massachusetts 
reformatory. 



For incidental expenses in the department of the treas- 
urer and receiver-general, one hundred and thirty-two 
dollars and five cents. 

For travelling and other expenses of the members of 
the state board of agriculture, two hundred and two dollars 
and sixty-three cents. 

For printing and binding the reports of decisions of the 
supreme judicial court, seven hundred and eighty-five 
dollars and seventy-five cents. 

For contingent expenses of the senate and house of 
representatives and necessary expenses in and about the 
state house, four hundred and forty-one dollars and 
eighty-five cents. 

For the payment of current expenses at the Massachu- 
setts reformatory at Concord, fourteen thousand four 
hundred and nine dollars and twenty-two cents. 

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

Approved February 14, 1887. 



Chap. 13 -'^N Act making appropriations for the salaries and ex- 
penses OF THE state DISTRICT POLICE FORCE. 

Be it enacted, etc., as follows : 
Appropriations. SECTION 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and expenses of the district police force, dur- 
ing the year eighteen hundred and eighty-seven, to wit : — 

For the salary of the chief of the state district police 
force, a sum not exceeding one thousand seven hundred 
dollars. 

For compensation of members of the state district 
police force, a sum not exceeding twenty-two thousand 
eight hundred dollars. 

For travelling expenses actually paid by members of 
the state district police force, a sum not exceeding eleven 
thousand two hundred and fift}^ dollars. 

For incidental, contingent and ofiice expenses of the 
chief and members of the state district police force, a sum 
not exceeding two thousand five hundred dollars. 

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

Approved February 14, 1887. 



District police, 
salary of chief. 



Compensation 
of members. 



Travelling ex- 
penses. 



Incidental ex- 
penses. 



1887. — Chapter 14. 599 



An Act making appropriations for sundry charitable ex- (JJi^f)^ 14 

PENSES. 

Be it enacted^ etc., as folloius: 

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 sundry charitable expenses for the year 
ending on the thirty-first day of December, in' the year 
eighteen hundred and eighty-seven, to wit : — 

STATE BOARD OF LUNACY AND CHARITY. 

For travelling and other necessary expenses of the state Board of lunacy 
board of lunacy and charity, a sum not exceeding one trOTeinn'g'^' 
thousand six hundred dollars. expenses. 

For the salary and incidental expenses of the clerk and ^ud^i^or"*' 
auditor of the state board of lunacy and charity, a sum 
not exceeding one thousand seven hundred dollars. 

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

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

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

For salary and expenses of the agent for prosecution of -^g^nt. 
certain oflences, a sum not exceeding two thousand dollars. 

For travelling and other necessary expenses of the aux- Auxiliary 
iliary visitors of the state board of lunacy and charity, a ^'^' °"' 
sum not exceeding one thousand three hundred and fifty 
dollars. 

MISCELLANEOUS CHARITABLE EXPENSES. 

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

For the transportation of state paupers to the state state paupers 

1, . -,. 111T11 in almshouse. 

almshouse, a sum not exceeduig seven hundred dollars. 

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

For expenses attending the management of cases of ^aBtL^rdy"*^^ '^"^ 



600 



1887. — Chapter 14. 



Neglected chil- 
dren. 



Infant asylums. 



Sick state 
paupers. 



Rurial of state 
paupers. 



Temporary sup- 
port. 



Outside found- 
lings. 

Paupers in 
school for 
feeble-minded. 



Dangerous 
diseases. 



Medical exami- 
nations an^ 
inquests. 



Johonnot an- 
nuities. 



Annuities to 
Bjldiers, etc. 



Pensions. 



Temporary 
assistance. 



settlement and bastardj'^, a sum not exceeding two thou- 
sand dollars. 

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

For the reimbursement of the infant asylums for the 
support of infants having no known settlement in the 
Commonwealth, for the present and previous years, a sum 
not exceeding eleven thousand dollars. 

For th6 support of sick state paupers by cities and 
towns, a sum not exceeding forty-two thousand five hun- 
dred dollars, which is made applicable for the payment of 
claims for the present and previous years. 

For the burial of state paupers by cities and towns, for 
the present and previous years, a sum not exceeding seven 
thousand five hundred dollars. 

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

For the support and transportation of outside found- 
lings, a sum not exceeding thirteen thousand dollars. 

For the support of state paupers in the Massachusetts 
school for the feeble-minded, a sum not exceeding five 
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 
Johonnot, a sum not exceeding one thousand dollars. 

For annuities to soldiers and others, authorized by the 
legislature, a sum not exceeding two thousand eight hun- 
dred and twenty-eight dollars. 

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

The sum of one thousand dollars may be expended by 
the board of lunacy and charity, in giving temporary 
assistance to persons in extraordinary cases of suffering, 
where the provisions made by existing laws are in their 
judgment deemed insufiicient. 

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

Approved Fehmary 14, 1S87- 



1887. — Chapters 15, 16. 601 



An Act making an appropriation for compensation and (J]i(ip^ 25 

EXPENSES OF THE JOINT SPECIAL COMMITTEE APPOINTED BY 
THE LEGISLATURE OF EIGHTEEN HUNDRED AND EIGHTY-SIX. 

Be it enacted, etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- Appropriations, 
priatecl, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for compensation and 
expenses of the members of the joint special committee, 
appointed under an order of the legislature of the year 
eighteen hundred and eighty-six, to consider what changes 
are necessary or desirable in the judicial system, to wit : — 

For compensation and expenses of a joint special com- Expenses of 
mittee of the legislature of eighteen hundred and eighty- the legislature. 
six, a sum not exceeding two thousand two hundred and 
seventy-seven dollars and three cents. 

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

Ap2}roved February 14, 1887. 

An Act to authorize the Gloucester street railway com- QJidp^ 15 

PANY TO issue MORTGAGE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The Gloucester Street Railway Company, May issue mort. 
by a vote of a majority in interest of its stockholders at a ^^^ 
meeting called for that purpose, may issue coupon or reg- 
istered bonds to an amount not exceeding sixty thousand 
dollars, and to secure the payment thereof, with interest 
thereon, the said company may make a mortgage of its 
road and franchise and any part or all of its other prop- 
erty and may include in such mortgage property there- 
after 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 opera- 
tion of its road, provided that an equivalent in value be 
substituted in lieu thereof. 

Section 2. All bonds so issued shall first be approved ^pprovldand 
by some person appointed by the corporation for that certified. 
purpose, who shall certify upon each bond that it is prop- 
erly issued and recorded. 

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

Approved February 14, 1887. 



602 



1887. — Chapters 17, 18. 



GhCip. 17 An •^CT authorizing the county commissioners of WORCESTER 
COUNTY TO EXPEND MONEY FOR MAKING COPIES OF CERTAIN 
RECORDS IN REGISTRIES OF DEEDS. 

Be it enacted^ etc., as follows : 

ScmX^nreg- SECTION 1. The county commissioners of Worcester 
in^woHiester'^^' couiity may expend an additional sum not exceeding 
county. thirty-five hundred dollars for the purpose of making 

copies of records in the registries of deeds in said county 
according to the provisions of chapter three hundred and 
twenty- five of the acts of the year eighteen hundred and 
eighty- five. 

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

Approved February 14, 1887. 

ChCip. 18 -An Act to AUTHORIZE THE TOWN OF BROOKLINE TO ALTER AND 

WIDEN BEACON STREET WITHIN SAID TOWN. 



Selectmen of 
Brookline may 
widen Beacon 
Btreet. 



Acceptance by 
the town. 



Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Brookline 
are hereby authorized to alter and widen Beacon street, 
a highway running through said town from one part of 
the city of Boston to another part of said city, in the 
same manner as if said highway were a townway ; said 
board may also, in any such alteration and widening, 
change the grade of any portions of Beacon street in the 
same manner as if said highway were a townway ; said 
board may also, in any such alteration and widening, 
discontinue any portions of Beacon street as now exist- 
ing within said town ; and said board may also, in any 
such alteration and widening of Beacon street, lay out, 
anywhere between the lateral boundaries of the way as 
widened, a bridle path for the exclusive use of persons 
riding upon horseback, planting spaces for trees and grass 
and a space for a cable railway, or other street railway, 
beside such sidewalks and carriage ways as said board 
may think fit. 

Section 2. The town of Brookline shall have power, 
at any town meeting duly called for the purpose, to 
accept and establish any widening and alteration of 
Beacon street made, in pursuance of the preceding 
section, by the said board of selectmen, in the manner 
provided by the laws of the Commonwealth for the 
acceptance by towns of alterations of townways ; and, 
upon such acceptance by said town, such alteration and 



1887. — Chapter 18. 603 

widening, together with any change of grade and dis- 
continuance of any portion of said Beacon street made 
therein, shall become valid and efiectiial in law. 

Section 3. The proceedings of said board and of said be g^o^vernfd by 
town, in pursuance of this act, shall be such, in all respects, |o^ite?]t'iouo'f 
as are defined by the laws of the Commonwealth, appli- townways. 
cable to the alteration of townways, except as herein 
otherwise expressly provided ; and said board of selectmen 
shall have the same right to take the property of persons 
for the purpose of such alteration and widening, as they 
now have to take such property throughout said town for 
the alteration of townways ; and any such taking, when 
such alteration and widening shall have been accepted 
and established by the town, as hereinbefore provided, 
shall be valid and effectual ; and any person sustaining Damagee. 
damage in his property by reason of any such alteration 
and widenino' or bv reason of such chano^e of ffrade or 
discontinuance of any portion of said Beacon street, shall 
have the same remedies for the recovery of compensation 
as are now provided by the laws for the compensation of 
persons sustaining damage in their property by the altera- 
tion of townways. 

Section 4. Said selectmen may, if they see fit, in May make 

-t • iii. i' 1 • 1 • ■ ^ •i-r» alterations 

maknig any such alteration and widenmg ot said Beacon under laws 
street, declare it to be made under the laws authorizing a8s'^°8m^e'mof 
the assessment of betterments, in which case, after the I'etterments. 
acceptance of such alteration and widening by the town 
of Brookline, as hereinbefore provided, the general laws 
of the Commonwealth relating to betterments shall apply 
to such alteration and widening, in like manner as if said 
highway were a townway, except that the betterments on 
account of said alteration and widening may be assessed 
at any time within three years from the acceptance of such 
alteration and widening by the town of Brookline ; and 
the said selectmen, at any time within the three years 
aforesaid, shall have the same power to assess betterments 
on account of such alteration and widening, including any 
change of grade or discontinuance of any portions of Bea- 
con street made therein ; and the said town, or its appro- 
priate officers, at all times after the assessment of said 
betterments, shall have the same power to apportion, 
enforce and collect said betterments ; and said better- 
ments shall be a lien upon the respective estates upon 
which they may be assessed, exactly as if said better- 



604 1887. — Chapter 18. 

ments, instead of being assessed as aforesaid within tiiree 
years after the acceptance by said town of such alteration 
and widening, including any change of grade or discon- 
tinuance of any portion of Beacon street made therein, 
had been duly assessed within two years after a lawful 
alteration of a townway, duly declared to be made under 
the laws authorizing the assessment of betterments, and 
made accordingly. 

Remedies^for^^ SECTION 5. Any party aggrieved by reason of the 
assessment of betterments upon his estate, in pursuance 
of this act, shall have the same remedies for his relief as 
if such alteration and widening, including any change of 
grade or discontinuance of any portion of Beacon street 
made therein, were a lawful alteration of a townway, duly 
declared to be made under the laws authorizins: the assess- 
ment of betterments, and made accordingly. 

Selectmen may Sectiox 6. Said Selectmen, before or at the time of 

make agree- • t i • i • i • 

ments in writing makms^ said alteration and widenmo:, or at any time there- 

that town shall iv i j_ • •, • -,1 

assume better- aitcr, may make an agreement in writmg with any person 

XTaUerrtion. fi'om whom land is taken, or who, in their opinion, suffers 
damages by reason of said alteration and widening, or by 
reason of any change of grade or discontinuance of any 
portion of said Beacon street made therein, that the town 
of Brookline shall assume any betterments thereafter 
assessed, on account of said alteration and widening, upon 
any lands of said person not taken therein, and such agree- 

Provisos. ment shall be binding upon said town : provided, that 

such person shall, on such terms as shall be agreed upon 
with said selectmen, release to said town all his claims 
for damages, on account of such alteration and widening, 
including any change of grade, or discontinuance of any 
portion of Beacon street made therein ; and j)rovided, 
farther, that all such agreements made before the accept- 
ance of any such alteration and widening by the town, 
shall become void, unless such alteration and widenins: is 
accepted and established by said town. 

r\'r?i\"^.''°°''' Section 7. From and after the acceptance by said 

line to become a i. J 

townway. towu of Bi'ookline, of any such alteration and widening 

of said Beacon street, made by said board of selectmen 
in pursuance of this act, said Beacon street shall become 
and remain, within the limits of the town of Brookline, 
a townway to all intents and purposes. 

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

Approved February 18, 1887. 



t 



1887. — Chapters 19, 20. 605 



An Act to authorize the acushnet street railway company (JJfnj) IQ 

OF NEW BEDFORD TO ISSUE MORTGAGE BONDS. ^ ' 

Be H enacted, etc., as folloivs : 

Section 1. The Acushnet Street Railway Company, May issue bonds 
by a vote of a majority in interest of its stockholders at a moni&gl^^^ 
meeting called for that purpose, may issue coupon or 
registered bonds to an amount not exceeding fifty thou- 
sand dollars, and to secure the payment thereof, with 
interest thereon, the said company may make a mortgage 
of its road and franchise and any part or all of its other 
property and may include in such mortgage property 
thereafter to be acquired. Said company may in such 
mortgage reserve to its directors tlie rioht 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 opera- 
tion of its road, provided that an equivalent in value be 
substituted in lieu thereof. 

Section 2. All bonds so issued shall first be approved Bonds to be 

. If approved and 

by some person appomted by the corporation for that certified. 
purpose, who shall certify upon each bond that it is prop- 
erly issued and recorded. 

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

Approved February 18, 18S7. 

An Act making appropriations for salaries and expenses CJiriyi 90 

AT the state industrial SCHOOL FOR GIRLS. ^ * " 

Be it enacted, etc. , as folloivs : 

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

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

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

Approved February 18, 1887. 



606 1887. — Chapteks 21, 22, 23. 



CJldp. 21 ^^ -^CT MAKING APPROPKIATIONS FOR SALARIES AND EXPENSES 

AT THE STATE ALMSHOUSE AT TEWKSBURY. 

Be it enacted, etc., as follows: 

Appropriation. SECTION 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and current expenses at the state almshouse at 
Tewkslmry, during the year ending on the thirty-first day 
of December, eighteen hundred and eighty-seven, to wit : — 

ftTewk^bur"*^ For Salaries, wages and labor at the state almshouse at 
Tewksburj^ a sum not exceeding twenty-five thousand 
four hundred dollars ; and for other current expenses at 
said institution, a sum not exceeding sixty-eight thousand 
six hundred dollars. 

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

Apjoroved February 18, 1887. 

Chcip. 22 An Act making appropriations for salaries and expenses at 

THE STATE PRIMARY SCHOOL AT MONSON. 

Be it enacted, etc., as follows : 
Appropriation. SECTION 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinar}' revenue, for payment of 
salaries and expenses at the state primary school at Mon- 
son, during the year eighteen hundred and eighty-seven, 
to wit : — 
Bchoo/'at'Mon. For Salaries and wages at the state primary school at 
^°°- Monson, a sum not exceeding seventeen thousand dollars; 

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. 
Section 2. This act shall take effect upon its i^assage. 

Approved February 18, 1887. 

Chap. 23 An Act making appropriations for salaries and expenses 

AT THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as follows: 
Appropriation. Section 1. The sums hereinafter mentioned ai'c appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, to meet expenses for 
the year ending on the thirty-first day of December in the 
year eighteen hundred and eight^'^-seven, to wit : — 



1887. — Chapter 24. 607 

For the payment of salaries, wages and labor at the Lyman school 
Lyman school for boys at Westborough, a sum not ex- westtxfrough. 
ceedins^ twelve thousand dollars ; and for other current 
expenses at said institution, a sum not exceedmg seven- 
teen thousand five hundred dollars. 

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

Approved February 18, 1887. 

Ax Act to authorize the appointment of official stenog- (JJidj)^ 24 

RAPHERS IN SUFFOLK COUNTY, AND TO ESTABLISH THEIR FEES. 

Be it enacted, etc., asfulloios: 

Section 1. The judges of the superior court or a stenographerB 
majority of them shall appoint four stenographers to serve court fu^cuT'^ 
as hereinafter provided, at the terms of said court held for guffoft county. 
civil business within and for the county of Suffolk, who 
shall be sworn officers of said court, and the stenographers 
so appointed for the first and second sessions of said 
court shall each receive an annual salary of two thousand 
dollars, and the stenographers so appointed for the third 
and fourth sessions of said court shall each receive an 
annual salary of fifteen hundred dollars, to be paid by said 
county ; but the judges presiding therein may in their 
discretion direct said stenographers to serve in either 
of said sessions as the necessities of the service may 
require. 

Section 2. "When, in the trial of an action in said stenographic 
court, both parties agree in writing that a stenographic co'mpengation. 
report of the evidence, or of the charge of the presiding 
judge, or of any part of the proceedings, shall be taken ; 
or when, upon the application of either party to an action, 
the presiding judge deems it advisable that a stenographic 
report of any part of the proceedings shall be taken, the 
stenographers so appointed shall cause full stenographic 
notes to be taken of such proceedings, or any part thereof 
which may be so required ; and they shall furnish to either 
party, upon request, a transcript of such part of their 
notes as may be required, on payment of ten cents per 
hundred words for each copy furnished ; and in case the 
presiding judge requires a transcript of any part of the 
notes taken, he may order the expenses thereof to be 
paid equally by the parties to the action, at the same rate, 
and may enforce payment thereof, and the amount so paid 
may be allowed to the prevailing party in the action. 



608 1887. — Chapters 25, 26. 



offl"e°^''vac°a'^- SECTION 3. The judges of said court or .a majority of 
cjes. them may remove said stenographers, or either of them, 

at any time, and shall fill any vacancy caused by such re- 
moval or otherwise. 
Repeal. SECTION 4. Scctions sevcnty-two, seventy-three, 

seventy-four and seventy-five of chapter one hundred 
fifty-nine of the Public Statutes, are hereby repealed. 
Section 5. This act shall take effect upon its passage. 

Approved February 18, 1887. 

Chan. 25 -^^ ^'^^ "^^ authorize the city of NEWTON TO MAKE AN ADDI- 
TIONAL WATER LOAN. 

Be it enacted, etc., as follows : 

Newton^water SECTION 1. The city of Ncwtou, for the purposes 
mentioned in section five of chapter three hundred and 
forty-four of the acts of the year eighteen hundred and 
seventy-two, 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 Newton 
Water Loan, to an amount not exceeding one hundred 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by the town or city of 
Newton for the same purposes ; ?aid notes, bonds and 
scrip to be issued upon the same terms and conditions and 
with the same powers as are provided in said act for the 
issue of the Newton water scrip by the town of Newton : 

Proviso. provided, that the w^hole amount of such notes, bonds and 

scrip issued by said town or city, together with those 
already authorized, shall not exceed the amount of eleven 
hundred and fifty thousand dollars. 

Subject to ac Section 2. This act shall take cficct upou its accept- 

two-thirds vote, aucc by a vote of two-thirds of all members of each branch 
of the city council of said city of Newton. 

Approved February 18, 1887. 

Chan. 26 ^^ ^^"^ ^^ establish the salary of the THIRD CLERK IN THE 
OFFICE OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

sai^aiT estab- Section 1. The Salary of the third clerk in the office 

of the secretary of the Commonwealth, beginning with 
the first day of January in the year eighteen hundred and 



1887. — Chapters 27, 28. 609 

eighty-seven, shall be fifteen 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. 

Ap2)roved February 18^ 1887. 

Ak Act making an appropriation for the compensation and njfri-ft 27 

EXPENSES OF THE COMMISSIONERS FOR THE SALE OF MASIIPEE "^ ' 

COMMON LANDS. 

Be it enacted^ etc., as follows : 

The amount hereinafter mentioned is appropriated, to Appropriation. 
be paid out of the treasury of the Commonwealth, from 
the ordinary revenue, for the payment of compensation 
and expenses of commissioners to dispose of the common 
lands in the town of Mashpee, authorized by chapter two 
hundred and ninety-three of the acts of the year eighteen 
hundred and seventy, to wit : — 

For the compensation and expenses of the commis- commisBioners 
sioners appointed to dispose of the common lands in the fands^nMalh- 
town of Mashpee, the sum of nine hundred and ninety- p^®* 
seven dollars and fifty-two cents. 

Approved February 18, 1887. 

An Act making appropriations for the commonwealth's flats ni^nri 28 

IMPROVEMENT FUND AND FOR THE PRISON AND HOSPITAL LOAN "' 

SINKING FUND. 

Be it enacted, etc., as follows : 

The sums hereinafter mentioned are appropriated, to be Appropriation, 
paid out of the treasury of the Commonwealth, from the 
ordinary revenue, for the purposes herein specified, to 
wit : — 

For the Commonwealth's flats improvement fund, for common- 
the purpose of improving the Commonwealth's flats at S^^plovement 
South Boston, as authorized by chapter forty-six of the ^"°'^- 
resolves of the year eighteen hundred and eighty-six, a 
sum not exceeding seventy-five thousand dollars. 

For the prison and hospital loan sinking fund, as au- prison and ho«. 
thorized by section thirty-six, chapter two hundred and C'g^fJnd? *"'^' 
fifty-five of the acts of the year eighteen hundred and 
eighty-four, the sum of sixty thousand dollars. 

Approved February 18, 1887. 



610 1887. — Chaptees 29, 30, 31. 



Chav. 29 An Act in addition to an act to incorporate the north 

WOBURN STREET RAILROAD COMPANY. 



t^.?kfnvpr^ Section 1. The North Woburn Street Raih'oad Com 

tidCKH Over 



Be it enacted, etc., as follows : 
Section 1. The North 

M^dfo^r'" P^'^J' incorporated under chapter one hundred and eight 
of the acts of the year eighteen hundred and sixty-six, is 
hereby authorized to extend its tracks upon and over such 
streets and highways in the town of Medford as shall be 
from time to time fixed and determined by the selectmen 
of said town, with all of the powers and privileges and 
subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may be hereafter 
in force relating to street railways. 

and shLresf^ Section 2. The Capital stock of said corporation may 

be increased to two hundred thousand dollars, at such 
times and in such sums as the stockholders may deter- 
mine, to be divided into shares of one hundred dollars 
each. 

To be in opera- Section 3. Said strcct railway shall be located, con- 

tion prior to n i . . • ^ ^ \ c 

December 1, structcd and put lu Operation prior to the hrst day of 

December in the year eighteen hundred and eighty-nine. 

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

Approved February 18, 1887. 

CllCip. 30 ■'^N Act to establish the salary of the second clerk in the 

DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted, etc., as /(Alotvs : 

f^l^JJ^^^^^' Section 1. The salary of the second clerk in the 

department of the auditor of the Commonwealth, begin- 
ning with the first day of January eighteen hundred and 
eighty-seven, shall be seventeen hundred dollars per 
annum. 

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

Approved February 18, 1887. 

QJian. 31 -'^N act to incorporate the Massachusetts agricultural 

EXPERIMENT STATION. 

Be it enacted, etc., as follows: 

AgSura"* Section 1. The members of the present board of con- 
Experinient trol of the ag-ricultural experiment station, established at 

Station incor- i -n r i • i i ii • i r 

porated. the JMassachusetts aijricuitural colieo;e iii the town ot 

Amherst, their associates and successors, are hereby 



4 

I 



1887. — Chapter 32. 611 

made n, body corporate under the name of the Massachu- 
setts Agricultural Experiment Station, for the purpose of 
carrying out more fully and effectually the provisions of 
the act establishing said station, as set forth in chapter 
two hundred and twelve of the acts of the year eighteen 
hundred and eighty-two, and of all acts in addition to or 
amendment thereof. 

Section 2. Said corporation shall be constituted as Asprovidedin 
provided in sections two and four of said chapter two -. 2i2,§§2,4. 
hundred and twelve. 

Section 3. The duties of said corporation shall be the Duties as set out 
same as set out in sections three and five of said chapter §§ 3, s? *" ' 
two hundred and twelve. 

Section 4. The payments from the treasury of the Payments from 
Commonwealth authorized to be made to the treasurer of to uieTrealurer 
said board of control by section six of said chapter two uon!'*' *^°'^^'°'^'*' 
hundred and twelve and section one of chapter three hun- 
dred and twenty-seven of the acts of the year eighteen 
hundred and eighty-five shall, in the same manner as 
therein provided and for the same purposes, be paid to 
the treasurer of the corporation hereby created. 

Section 5. The said corporation shall by virtue of ^''''' '^^^^^^ ^°^ 

i . "^ personal prop- 

this act take and hold, as and for its property, all the erty. 
property at present in the charge of said board of control, 
and is hereby farther authorized to hold such real estate 
and personal property as may be necessary for its pur- 
Doses. 

X 

Section 6. This act shall take effect upon its passage. 

Approved February 21, 1887. 

As Act concernino the salauy of the late george l. ruffin. njjffYf QO 
Be it enacted, etc. , as folloius : . 

Section 1. The board of aldermen of the city of Payment to 

Tt ' . . "^ Widow of 

Boston actmg as county commissioners are authorized to George l. 
pay to the widow of George L. Ruffin, late justice of the 
municipal court of the Charlestown district of the city of 
Boston, the balance of the salary as such justice for the 
remainder of the year ending in May in the year eighteen 
hundred and eighty-seven, to which he Avould have been 
entitled had he lived and continued to be such justice 
during the remainder of said year. 

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

Approved February 25, 1887. 



612 



1887. — Chapters 33, 34, 35. 



Appropriation. 



State work- 
house at Bridge- 
water. 



(JJiap, 33 ^^ ^^"^ ^N KELATION TO THE RETURN DAY OF TRUSTEE WRITS 

ISSUED BY TRIAL JUSTICES. 

Be it enacted, etc., as follows : 

trustee w^rU/ Section 1. No trustee writ issued by a trial justice 
issued by trial ghall be made returnable more ttian thirtv days after its 

justices. - J J 

date. 

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

Approved February 25, 1887. 

Chap. 34 ^^ *^*^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE STATE WORKHOUSE AT BRIDGEWATER. 

Be it enacted, etc. , as follows : 

Section 1. The suras hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from tlie ordinary revenue, for the payment of 
salaries and expenses at the state workhouse at Bridge- 
water, during the year ending on the thirty-first day of 
December, eighteen hundred and eighty-seven, to wit: — 

For the payment of salaries, wages and labor at the 
state workhouse at Bridgewater, a sum not exceeding 
thirteen thousand dollars ; and for other current expenses 
at said institution, a sum not exceeding thirty-nine thou- 
sand four hundred dollars. 

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

Apjnoved February 25, 1887. 

(JJiap. 35 ^^ ^^"^ TO INCORPORATE THE TRUSTEES OF THE BOSTON YOUNG 

men's CHRISTIAN ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Alpheus Hardy, Jacob Sleeper, Franklin 
W. Smith and Stephen G. Deblois, trustees under the 
deed of trust from the Boston Young Men's Christian 
Association, dated February sixth, eighteen hundred and 
eighty-five, and recorded in the Suffolk registry of deeds, 
liber sixteen hundred and sixty-nine, folio six hundred 
and thirty-one, and their successors in trust, are hereby 
made a corporation by the name of The Trustees of the 
Boston Young Men's Christian Association, for the pur- 
poses hereinafter set forth, with all the powers and priv- 
ileges, and subject to all the duties, restrictions and lia- 
bilities in the general laws which now are or hereafter 
may be in force in relation to such corporations. 



The trustees of 
the Boston 
Young Men's 
Christian Asso- 
ciation, incor- 
porated. 



Powers and 
duties. 



1887. — Chapters 36, 37. 613 



Section 2. Said corporation shall have authority to Real and per- 

111., , ^ t • ' J T i_ -iiiiu Bonal estate not 

hold 111 trust and admmister according to said deed the to exceed 
real estate therein conveyed and such other real and per- ^^'''^■*^°°- 
sonal estate as may be given, granted, conveyed, be- 
queathed or devised to it and accepted by it for the ben- 
efit of the Boston Youns: Men's Christian Association, or 
any purpose connected therewith, to an amount not ex- 
ceeding altogether five hundred thousand dollars : pro- 
vided, always, that the principal and income thereof shall 
be appropriated according to the terms of the donation, 
devise or bequest, under the direction of said corporation. 

Section 3. The real and personal estate of said cor- Exemption from 
poration shall be exempt from taxation to the same extent 
it would be if it were held in the name of, owned by and 
belonged to the said Boston Young Men's Christian Asso- 
ciation. 

Section 4. The trustees shall be subject at all times Trustees subject 
to the control of the proper courts of equity in this Com- courts of equity. 



taxation. 



m'onwealth, and their successors shall be appointed as 
provided for in said deed. 

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

Approved February 25, 1887. 

An Act relating to naturalization returns. Chcin 36 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter three hundred and ^turns'.''''"''''' 
forty-five of the acts of the year eighteen hundred and 
eight^'-five in relation to naturalization is amended by 
striking out the words "and printed" in the tenth and 
eleventh lines, so that the last clause of said section shall 
read as follows : — And the returns so made shall be kept 
by the secretary in form convenient for reference. 

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

A2)proved February 25, 1887. 

An Act to incorporate the home for aged women in wobuun. f^hny^ 37 
Be it enacted, etc., as follows: 

Section 1. Edward W. Hudson, John M. Harlow, nome for Aged 
John Cuinmings, Benjamin Hinckley, Jacob Brown, Par- wobirrn,'"ncor. 
ker L. Converse and John W. Johnson, their associates p"''"'^'*- 
and successors, are hereby made a corporation l)y the 
name of the Home for Aged Women in Woburn, for the 
l)urpose of providing a home for and otherwise assisting 



^ 



614 1887. — Chapters 38, 39. 

Powers and respectable aged women; with all the powers and privi- 
leges and subject to all the duties, liabilities and restric- 
tions set forth in all the general laws which now are or 
may hereafter be in force applicable to such corporations. 

Real and per- SECTION 2. Said Corporation may for the purposes 

sonal estate not •iiii ii i 

to exceed aforcsaid hold real and personal estate to an amount not 

exceedinjj one hundred thousand dollars. All interest of 
any member of said corporation in its property shall ter- 
minate and vest in the corporation upon his or her ceasing 
to be a member thereof by death, resignation, expulsion 
or otherwise. 

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

Approved February 25^ 1887. 

ChciV' 38 "^^ ^^^ REGULATING THE SALE AND PURCHASE OF POISONS. 

Be it enacted, etc., as follows: 
^^'L^-^fl^r/^na Section 1. Section six of chapter two hundred and 

chase of poisons, _ _ 1 

regulated. eight of the PubUc Statutes is hereby amended, so as to 
read as follows: — Section 6. Whoever sells arsenic, 
strychnine, corrosive sublimate, prussic acid, or any other 
deadly poisonous substance or compound, without the 
written prescription of a physician, shall keep a record of 
the date of such sale, the name and the amount of the 
article sold, and the name of the person or persons to 
■whom delivered ; which record shall at all times be open 
to inspection by the officers of the district police, and by 
the police authorities and officers of cities and towns. 
Whoever neglects to keep or refuses to show to said offi- 
cers such record shall be punished by fine not exceeding 
fifty dollars. Whoever purchases deadly poisons as afore- 
said and gives a false or fictitious name to the vendor shall 
be punished by fine not exceeding fifty dollars. 

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

Approved February 25, 1887. 

Chan. 39 ^^ ^^^ relating to clerical ASSISTANCE IN THE OFFICE OF 
THE REGISTER OF PROBATE AND INSOLVENCY IN WORCESTER 
COUNTY. 

Be it enacted, etc., as folloios: 

Allowance for Section 1. The reo;ister of probate and insolvency 

sistance. for the couiity of Worcester shall be allowed in addition 

to the amount now allowed by law a sum not exceeding 

eight hundred dollars per annum for clerical assistance 



1887. — Chapter 40. 615 

actually performed, to be paid from the treasury of the 
Commonwealth upon the official certificate of the judge of 
probate and insolvency for said county. 

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

Approved February 25, 1887. 

An Act in addition to an act to incorporate the stoneham (JJkij) 4Q 
street railroad company. 

Be it enacted, etc., as folloivs: 

Section 1. The Stoneham Street Eailroad Company May construct 
is hereby authorized to construct, maintain and use a rail- wakefieid, 
way, with convenient single or double track, upon and Klyer""^'^ 
over such streets and highways in the towns of Wakefield, 
Beading, Everett and Eevere, as shall be, from time to 
time, fixed and determined by the selectmen of said 
towns respectively. 

Section 2. Said company, respecting the railway Powers and 
hereby authorized to l)e constructed and maintained, shall 
have all the powers and privileges and shall be subject to 
all the duties, liabilities or restrictions set forth in chapter 
nineteen of the acts of the year eighteen hundred and 
sixty, incorporating said Stoneham Street Railroad Com- 
pany, and in the general laws relating to street railway 
companies, except that said company shall have the right 
to construct its tracks upon and over public ways only. 

Section 3. Said Stoneham Street Railroad Company May increase 

1 1 .\'T.' -i -iixii capital stock. 

IS hereby authorized to increase its capital stock by an 
amount not exceeding one hundred thousand dollars, in 
addition to the amount heretofore authorized by law, at 
such times and in such sums as its stockholders may de- 
termine. 

Section 4. The provisions of section one of this act R^'i^ay to be 

1 1 • I . '" operation 

shall become void, so far as relates to the rig-hts of said prior to Decem- 

. • • . . ber 31 1SS8. 

company in either of the towns, in which said company 
shall have failed to locate, construct and put in operation 
a street railway, prior to the thirtj^-first day of December 
in the year eighteen hundred and eighty-eight. 

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

Approved February 23, 1887. 



616 



] 887. — Chapters 41, 42. 



CllCip. 41 -^N Act to change the name of the international express 

COMPANY. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The name of the International Express 
Company, incorporated under the general laws of the 
Commonwealth, is hereby changed to the New England 
Despatch Company. 

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

Approved March 1, 1887. 



CllClp' 42 An Act to incorporate the new Bedford safe deposit and 

trust company. 



New Bedford 

Safe Deposit 

and Trust Com- (jCOro'e F 

pany, incor- & 

porated. 



Amount of 
reseive. 



Be it enacted, etc., asfolloivs: 

Section 1. William D. Howland, Abbott P. Smith, 
Tucker, Standish Bourne, Frederick Taber, 
Stephen A. Brownell, Gilbert D. Kingman, Savory C. 
Hathaway, Lot B. Bates, Benjamin F. Brownell, their 
associates and successors, are hereby made a corporation 
by the name of the New Bedford Safe Deposit and Trust 
Company, to be located at New Bedford, for the purpose 
of receiving on deposit, storage or otherwise, moneys, 
government securities, stocks, bonds, coin, jewelry, plate, 
valuable papers and documents, evidences of debt and 
other property of every kind, upon such terms or condi- 
tions as may be obtained or agreed upon, and at the 
request of the depositor of collecting and disbursing the 
interest or income upon such of said property received on 
deposit as produces interest or income, and of collecting 
and disbursing the principal of such of said property as 
produces interest or income when it becomes due, upon 
terms to be prescribed by the corporation, and for the 
purpose of advancing money or credits on real and per- 
sonal security on terms that may be agreed upon ; and all 
the powers and privileges necessaiy for the execution of 
this purpose are granted, subject nevertheless to the duties 
and restrictions and liabilities set forth in the one hundred 
and fifth chapter of the Public Statutes and in all the 
general laws which now are or hereafter may be in force 
in relation to such corporations. 

Section 2. Said corporation shall at all times have 
on hand as a reserve, in lawful money of the United States, 
an amount equal to at least fifteen per centum of the 



1887. — Chaptek 42. 617 

aggregate amount of all its deposits which are subject to 
withdrawal upon demand or Avithin ten days ; and when- 
ever said reserve of said corporation shall be below said 
per centum of such deposits it shall not increase its liabil- 
ities by making any new loans until the required propor- 
tion between the aggregate amount of such deposits and 
its reserve fund shall be restored : provided^ that in lieu Proviso, 
of lawful money one-third of said fifteen per centum may 
consist of balances, payable on demand, due from any 
national bank doing business in this Commonwealth, and 
one-third of said fifteen per centum may consist of bonds 
of the United States or of this Commonwealth, the abso- 
lute property of said corporation. 

Section 3. Any court of law or of equity, including courts may 
courts of probate and insolvency of this state, may by etc.rwTth^n**' 
decree or otherwise direct any moneys or properties under b^TeposUed,*" 
its control, or that may be paid into court hj parties to ®**=- 
any legal proceedings, or which may be brought into court 
by reason of any order or judgment in equity or otherwise, 
to be deposited with said corporation, upon such terms and 
subject to such instructions as may be deemed expedient : 
provided, however, that said corporation shall not be required P''o^*«o- 
to assume or execute any trust without its own assent. 
Said corporation shall also have power to receive and hold 
moneys or property in trust or on deposit from executors, 
administrators, assignees, guardians and trustees, upon 
such terms or conditions as may be obtained or agreed 
upon: provided, also, that all such moneys or property Howinvest- 

. ^ 1 ^, .. f ±1 • X' 1111 merits may be 

received under the provisions ot this section shall be made. 
loaned or invested only in the authorized loans of the 
United States, or of any of the New England states, or 
cities or counties or towns of this state, or stocks of state 
or national banks organized within this Commonwealth, 
or in the first mortgage bonds of any railroad com- 
pany incorporated by any of the New England states 
which has earned and paid regular dividends on its stocks 
for two years next preceding such loan or investment, or 
in the bonds of any such railroad company, unencumbered 
by mortgages, or in first mortgages on real estate in this 
Commonwealth, or in any securities in which savings 
banks are allowed to invest, or upon the notes with two 
sureties of manufacturing corporations created under the 
laws of this state, or of individuals with a suflicient pledge 
as collateral of any of the aforesaid securities ; but all real 



618 



1887. — Chapter 42. 



Proviso. 



Corporation 
may be ap- 
pointed trustee. 



Accounts, etc., 
may be sworn 
to by an oflBcer 
of the corpora- 
tion. 



Proviso. 



Moneys, etc., 
received under 
the foregoing 
section to be 
deposited in the 
general trust 
fund. 

Proviso. 



estate acquired by foreclosure of mortgages or by levy of 
execution, shall be sold at public auction within two years 
after such foreclosure or levy ; provided, also, that all 
such money or property received, invested or loaned 
under this section shall be a special deposit in said cor- 
poration, and the accounts thereof shall be kept separate, 
and such funds and the investment or loans of them shall 
be specially appropriated to the security and payment of 
such deposits and not to be subject to the other liabilities 
of the corporation ; and for the purpose of securing the 
observance of this proviso, said corporation shall have a 
trust department into which all business authorized by 
this section shall be kept separate and distinct from its 
general business. 

Section 4. Said corporation may also be appointed 
trustee under any will or instrument creating a trust for 
the care and management of property under the same cir- 
cumstances, 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, wnth the liabilities of the stock- 
holders ex'isting thereunder, hereafter referred to, 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 corporation, 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 in- 
stead of the corporation : provided, however, that said cor- 
poration shall not be required to receive or hold any 
property or moneys or to execute any trust contrary to 
its own desire. 

Section 5. In the management of money and prop- 
erty 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 referred to 
in section three of this Sici: provided , that it shall bo 



1887. — Chapter 42. 619 

competent for the authority making the appointment 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 provided. Proviso. 
also, that said corporation shall always be bound to follow 
and be entirely governed by all directions contained in 
any will or instrument under which it may act. 

Section 6. No money, property or securities received i^c^v^d under 
or held by said company under the provisions of sections ^l^fn"}!!^'" 
four and five of this act shall be mingled with the invest- wuhiuvest- 
ments of the capital stock, or other moneys or property ™ock!° '^^^' ^ 
belonging to said corporation, or be liable for the debts 
or obligations thereof. 

Section 7. The total liabilities to this corporation of |^SM^° "^ 
any person, firm or corporation, other than cities or towns, corporation, 
for money borrowed, including in the liabilities of a com- 
pany or firm the liabilities of its several members, shall 
at no time exceed one fifth part of such amount of the 
capital stock of this corporation as is actually paid up. 

Section 8. Said corporation shall semi-annually make Returns to com. 

, iji •• c • 11'j.i' miesioners of 

a return to the commissioners ot savings banks in this savings banks 
Commonwealth, on or before the second Mondays of May semiannually. 
and November, which shall be signed and sworn to by a 
majority of its board of directors ; and said returns siiall 
specify the following, namely : Capital stock ; amount of 
all moneys and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten days ; trust funds or for 
purposes of investment ; number of depositors ; invest- 
ments in authorized loans of the United States or any of 
the New England states or cities or counties or towns, 
stating amount in each ; investments in bank stock, stat- 
ing amount in each ; investments in railroad stock, stat- 
ing amount in each ; investments in railroad bonds, stating 
amount in each ; loans on notes of corporations, stating 
amount in each ; loans on notes of individuals ; loans on 
mortfjaoes of real estate : cash on hand : all as existing at 
the date of making such returns, with the rate, amount and 
date of dividends since last return. The commissioners commisBioners 
of savings banks shall have access to the vaults, books and °imak^examu* 
papers of the company, and it shall be their duty to inspect, affarr".'"^" 
examine and inquire into its afiairs, and to take proceed- 
ings in rejTard to them in the same manner and to the 
same extent as if this corporation w-as a savings bank, 



620 



1887. — Chapter 42. 



be published in 
a newspaper 



Subject to pro- 
vieiouB of 1'. S., 
13. 



To make semi- 
annual return 
to tax commis- 
Bioner of per- 
sonal property 
held in trust 
liable to taxa- 
tion. 



subject to all the general laws which are now or hereafter 
may be in force relating to such institutions in this regard. 
raad"eTnVh°eform 8uch rctums required to be made to the commissioners of 
of booKn'd to savings banks shall be in the form of a trial balance of its 
books, and shall specify the different kinds of its liabilities 
and the different 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 pub- 
lished in a newspaper of the city of New Bedford at the 
expense of said corporation, at such times and in such 
manner as may be directed by said commissioners, and in 
the annual report of said commissioners. 

Section 9. Said corporation shall be subject to the 
provisions of chapter thirteen of the Public Statutes and 
any acts now existing or which may hereafter be passed in 
amendment or lieu thereof. 

Section 10. Said corporation shall also annually, 
between the first and tenth days of May, return to the tax 
commissioner a true statement attested by the oath of 
some officer of the corporation, of all personal property 
held upon any trust on the first day of May, which would 
be taxable if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in this 
Commonwealth where any beneficiary resided on said day, 
and the aggregate amount of such property then held for 
all beneficiaries resident in each of such cities and towns, 
and also the aggregate amount held for beneficiaries not 
resident in this Commonwealth, under the pains and pen- 
alties provided in section fifty-four of chapter thirteen of 
the Public Statutes, and acts in amendment thereof, for 
corporations failing to make the returns provided by said 
act. Said corporation shall annually pay to the treasurer 
of the Commonwealth a sum to be ascertained by assess- 
ment by the tax commissioner, upon an amount equal to 
the total value of such propert}^, at the rate ascertained 
and determined by him, under section forty of chapter 
thirteen of the Public Statutes, and acts in amendment 
thereof. 
To make annual SECTION 11. Said corporatiou shall also annually, 

rGtuni to tsx •/ ' 

commissioner of betwecu the fii'st and tenth days of May, return to the tax 
onTntereTtoTfor comuiissioner a true statement verified by the oath of some 
investment. officcr of the corpoi'ation, of the amount of all sums depos- 
ited with it on interest or for investment, other than those 
specified in the tenth and thirteenth sections of this act, 



1887. — Chapter 42. G21 

together with the name of every city and town in this 
Commonwealth where any beneficial owner resided on said 
first day of May, and the aggregate amount of such depos- 
its then lield for the benefit of persons residing in eacli of 
such cities and towns, under like penalty. Said corpora- Payments into 
tion shall annually pay to the treasurer of the Common- '^'lot'"^''*"'"^- 
wealth a sum to be ascertained by assessment by the tax 
commissioner upon an amount equal to the total value of 
such deposits at three-fourths the rate ascertained and 
determined by him under section forty of chapter thirteen 
of the Public Statutes, and acts in amendment thereof. 

Section 12. No taxes shall be assessed in any city or Not to be taxed 

. f , , , A "^ "^ . in towns where 

town tor state, county or town purposes, upon or ni beneftdaries 
respect of any such property held on trust or any such '■®®'^'^- 
amounts deposited in interest or for investment, but such 
proportion of the sum so paid by said corporation as cor- 
responds to the amount of such property held for benefici- 
aries or payable to persons resident in this Commonwealth, 
shall be credited and paid to the several cities and towns 
where it appears from the returns or other evidence that 
such beneficiaries resided on the first day of May next 
preceding, according to the aggregate amount so held for 
beneficiaries and persons residing in such cities and towns 
respectively ; and in regard to such sums so to be assessed 
and paid as aforesaid, said corporation shall be subject to 
sections one, fifty-three, fifty-seven, fifty-eight and fifty- 
nine of chapter tliirteen of the Public Statutes, and acts in 
amendment or lieu thereof, so far as the same are applica- 
ble thereto. 

Section 13. Deposits with said corporation which can Deposits wuh- 
be withdrawn on demand or within ten days shall, for pur- dem'Ind to°be 
poses of taxation, be deemed money in possession of the fnpos^'slsTonT 
person to whom the same is payable. 

Section 14. The said corporation is also authorized to May act as 
act as agent for the purpose of issuing, registering or i^'ng'bon'ds.^eie. 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon ; and may also act as trustee or 
financial or other agent for any person or firm, corpora- 
tion, association, municipality, government, state or 
national authority, and in their behalf to negotiate loans 
and to sell and negotiate the sale of securities, and may 
also act as trustee for the bondholders of corporations. 



622 



1887. — Chapter 43. 



Capital Btock. 



Not to transact 
business until 
■whole amount 
is paid in. 



Real estate. 



Liability of 
Bhareholders. 



and to this end is empowered to receive transfers of real 
and personal property upon such terms as ma}'^ be agreed 
upon. 

Section 15. The capital stock of said corporation 
shall be one hundred thousand dollars, with the privilege 
to increase the same from time to time to not exceeding 
five hundred thousand dollars, and the same shall be paid 
for at such time and in such manner as the board of direc- 
tors shall decide : provided, that no business shall be 
transacted by the corporation until the whole amount is 
subscribed for and actually paid in, and no shares shall be 
issued until the par value of such shares shall have been 
actually paid in in cash. 

Section 16. Said corporation shall be entitled to pur- 
chase and hold real estate in the city of New Bedford 
suitable for the transaction of its business to an amount 
not exceeding in value forty thousand dollars ; and the 
balance of the capital stock shall be invested only in the 
investments authorized by section three of this act in the 
case of moneys or property held in trust or on deposit. 

Section 17. The shareholders of said corporation 
shall be held individually liable, equally and ratably, and 
not one for another, for all contracts, debts and engage- 
ments of such association, to the extent of the amount of 
their stock therein at the par value thereof, in addition 
to the amount invested in such shares. The provisions 
contained in chapter one hundred and six of the Public 
Statutes, sections sixty-two to seventy-one inclusive, shall 
apply to and regulate the enforcement of this lialjility. 

Section 18. The shares of said corporation shall be 
assignable and transferable according to such rules and 
regulations as the stockholders shall, for that purpose, 
ordain and establish, and not otherwise. 

Section 19. This act shall take effect upon its passage. 

Approved March 2, 1887. 

43 An A^'^ providing for the disposition of useless records, 
schedules and papers accumulating in the bureau of sta- 
tistics of labor. 

Be it enacted, etc., as follows: 

Certain recordB, SECTION 1. All rccords, schcdulcs aud papcrs accumu- 

papers, etc., In , . . , , „ , . r i i i i 

bureau may be latmg lU thC burcaU of statlStlCS of labor, that may be con- 
destroyed with ' ■< T c 1 lii I'f^'Ti u 

consent of the sidcrcd 01 uo valuc by thc chiei oi said bureau, may be 
foundi? ^^^ destroyed or sold as he may deem best : provided, the 



Transfer of 
stock. 



Chap 



1887. — Chapters U, 45, 46. ' 623 

authority of the governor and council shall first be obtained 
for such destruction or sale ; and provided, further, that 
if such useless records, schedules and papers shall be . 
disposed of by sale, the proceeds thereof shall be turned 
into the treasury of the Commonwealth. 

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

Approved March 2, 18S7. 

An Act to amend chapter sixty-one of the acts of the year nhnYi A A 

EIGHTEEN HUNDRED AND SEVENTY-FOUR RELATING TO THE BOSTON -^ 

PROTECTIVE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter sixty-one of the Swom state- 
acts of the year eighteen hundred and seventy-four is Sfumsreclived, 
hereby amended, by adding at the end of said section the Jo the^auditorf "^ 
following words: — And the said treasurer shall, on or 
before the fifteenth day of February in each year, forward 
to the auditor of the Commonwealth a written or printed 
statement under oath of the aggregate amount of pre- 
miums included in the returns made to him under the 
provisions of this section. 

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

Approved March 2, 1887. 



Chap. 45 



An Act to change the name of the smith American organ 

COMPANY. 

Be it enacted, etc., as follows: 

The name of The Smith American Organ Company, a Name changed, 
corporation organized under the general laws of the Com- 
monwealth, is hereb}^ changed to The Smith American 
Organ and Piano Company. Approved March 2, 1887. 

An Act relating to sessions of the probate court for the njinjj A P. 

COUNTY of franklin. 

Be it enacted, etc., as follows: 

Section 1. Sessions of the probate court for the sessions of the 
county of Franklin shall be held at Orange on the fourth <=°"" i° o^^s^- 
Tuesday of September, in addition to the times and places 
provided in section forty-eight of chapter one hundred and 
tifty-six of the Pul)lic Statutes. 

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

Ap2)roved March 2, 1887. 



624 1887. — Chapters 47, 48. 



ChCin. 47 ^^ ^^^ '^^ AUTIIOKIZE THE CITY LIBRARY ASSOCIATION OF SPRIXQ- 
FIELD TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., asfolloivs: 
May hold addi- SECTION 1. The Citv Library Association of Sprinor- 
personal estate, field is liercbj" authorized to liold real and personal estate 
for the purposes named in its act of incorporation, chap- 
ter one hundred and forty-two of the acts of the year 
eighteen hundred and sixty-four, to an amount not ex- 
ceedinjr in the whole three hundred thousand dollars 
exclusive of books in its library and collections of natu- 
ral history and works of art in its museum. 

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

Approved 3farch 3, 1S87. 

ChaV. 48 -^^ ^^^ "^^ AUTHORIZE THE CITY OF MALDEN TO ISSUE ADDITIONAL ' 

"WATER FUND BONDS. 

Be it enacted, etc., as follows : 

May jssue^addi- SECTION 1. The city of Maiden for the purposes men- 
fund bonds. tioned in section three of chapter one hundred and sixty 
of the acts of the year eighteen hundred and seventy, and 
for the further purpose of establishing and maintaining 
high service in any part of said city deemed advisable by 
the city council, may issue scrip, notes or certificates of 
debt, to be denominated on the face thereof Maiden Water 
Fund Bonds to an amount not exceeding one hundred 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by said city for the pur- 
poses named in said section three ; 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 
the town of Maiden : j^'O'^^^^^'^t that the whole amount of 
such scrip, notes or certificates of debt issued by said city 
and town together with those heretofore issued by said 
city and town for the same purposes shall not in any i 
event exceed the sum of five hundred thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1SS7. 



1887. — Chapter 49. G25 



An Act authorizing the city of malden to divide said citv (JJiff^j^^ ^9 

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 GoTemment 
one hundred and sixty-nine of the acts of the year eight- unn onh"'* "^'^ 
een hundred and eighty-one are amended to read as fol- cuy ol' MawLn. 
lows : — ^Section 2. The administration of all the fiscal, 
prudential and municipal affairs of said city, with the 
government thereof, shall 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 Quorum, 
shall constitute a quorum for the transaction of business, 
and no member of either board shall receive any compen- 
sation for his services. /Section 3. The city council may. May be divided 
in the year eighteen hundred and eighty-seven, divide wardT7^" 
said 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 voters in each ward. The 
city council may, in the year eighteen hundred and ninety- 
two, and every fifth year thereafter, make a new division 
of said wards, so that they shall contain, as nearly as may 
be consistent with well defined limits to each ward, an 
equal number of voters to each ward, according to the 
census last taken previous thereto. ISeclion 8. One one alderman 
alderman and three common councilmen shall be chosen ciimen7rom"° 
from and by the qualified voters of each ward of the cit}', each ward, 
and shall be residents of the wards where chosen. The said 
aldermen 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 cuy'couucn. 
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. 



626 1887. — Chaptees 50, 51, 52. 

When new SECTION 3. Aiiv iiew divisioii of wjirds established 

division 01 ^ "^ _ 1 »> I 1 1 

wards shall take undei' this act sliall Dot go iiito effect before the tenth day 
of November after such division is made. 

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

Approved March 4, 1887. 



QllCLV. 50 ^^ ^^^ RELATING TO LAND DAMAGES IN THE C( 



COUNTIES OF NAN- 
TUCKET AND DUKES COUNTY. 

Be it enacted, etc., asfolloivs: 
Land damages SECTION 1. Whenever land or any interest in land is 

in Dukes . <• t-v i 

County and takcu by any town in the county ot Dukes county, or 
Nantucket county, or by either of said counties, and any 
person is aggrieved by the award of damages therefor, 
application for a jury may be made by any such aggrieved 
person by petition to the sui)erior court in the county in 
which the land lies or in the superior court for Bristol 
county, and thereupon such proceedings shall be had as 
is provided for in section one hundred and five of chapter 
forty-nine of the Public Statutes. 

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

Approved March 4, 1887. 

ChClT). 51 -^^ -^^^ "^^ AUTHORIZE THE ENLARGEMENT OF THE COURT HOUSE 

AT SALEM. 

Be it enacted, etc., as follows: 
Court house in Section 1. The couutv commissiouers of the county 

balem may be -^ .' 

enlarged. of Esscx are authoi'ized to enlarge the new court house, 

so called, at Salem, and for said purpose may borrow on 
the credit of said county a sum not exceeding seventy-five 
thousand dollars. 

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

Approved March 4, 1887. 

Chctt}. 52 ^^ ^^'^ *^ RELATION TO THE CONSOLIDATION OF THE TROY AND 
GREENFIELD RAILROAD AND HOOSAC TUNNEL WITH THE FITCII- 
BURG RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

state directors Section 1. The govcmor by and with the advicc and 
b°ygovMn°OTand couseut of the couucil shall auDually appoint three persons 
council. ^Q ^^^ g^g directors of the Fitchburg liailroad Company in 

conjunction with the board of directors chosen from time 
to time by the stockholders of said company and to serve 
Proviso. ■ till their successors shall be appointed : provided, how- 



1887. — Chapters 53, 54. 627 

ever, that whenever the holding of stock in said company 
by the Commonwealth shall not exceed twenty thousand 
shares it shall be represented upon said board by two 
directors only, and whenever such holding shall not ex- 
ceed ten thousand shares it shall be represented by one 
director only, and whenever such holding shall cease the 
Commonwealth shall cease to be represented in said board. 

Section 2. Said company is hereby exempt from exe- company ex- 

. > . • n T ^ 1 "li i.' 1 c empted from 

cutmg the mortgage provided tor by the articles ot con- executing mort- 
solidation entered into with the governor and council on ^'^''' '''*'• 
the fifth day of January in the year one thousand eight 
hundred and eighty-seven, and the consolidation therein consolidation 
provided for is hereby confirmed and shall be and remain 
valid and binding notwithstanding the omission on the 
part of the said company to execute said mortgage. 
Section 3. This act shall take efiect upon its passage. 

Approved March 9, 1887. 

An Act to regulate the disposition of liquors forfeited to Q/idp^ 53 

THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-eight of chapter one hun- Disposition of 

,-„,-,^,,.^ -i"! IT J. liquors forfeited 

dred of the Public Statutes is hereby amended so as to to the Common- 
read as follows: — Any liquor so forfeited shall, by the '^^'*^'''- 
authority of the written order of the trial justice or court, 
be forwarded by common carrier to the chief of the dis- 
trict police, who upon receipt of the same shall notify the 
said justice or court thereof. Said officer shall sell the 
same, and after paying the cost of the transportation of 
the liquors he shall pay over the net proceeds to the treas- 
urer of the Commonwealth. The officer serving the order 
above named shall be allowed therefor the sum of fifty 
cents, but shall not be entitled to receive any travelling 
fees or mileage on account of the service thereof. 

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

Approved March 9, 1887. 



An Act providing for the registration and licensing of QJiap. 54 

PLUMBERS IN THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield may by ordinance city of spring. 

,, • 1 ,' 1 f • x'li l'~ field may re- 

require the registration and licensing ot all persons doing quire plumbers 
or carrying on the business of plumbing in said city, and lo be licensed. 



628 1887. — Chapters 55, 56. 

prescribe rules and regulations for the materials, construc- 
tion, alteration and inspection of all pipes, tanks, faucets, 
valves and other fixtures by 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. 
Penalties. SECTION 2. 'I he said city may impose penalties not 

exceeding fifty dollars for each violation of any of the 
provisions contained in section one of this act. 

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

Approved March 9, 1887. 

CJlGV' 55 An Act to authorize the mount holyoke female seminary 

TO HOLD additional REAL AND PERSONAL ESTATE. 

Be it enactecU etc., as follows: 
Real and per- -pj^g Mouut Holvokc Female Seminary is authorized to 

soiial estate. ,,,,, *^, , ,. t 

hold real and personal estate to an amount not exceedmg 
one million dollars to be devoted exclusively to the pur- 
poses of education. Approved March 9, 1887. 

Chan. 5G ^^ ^^'^ '^^ authorize the county commissioners of THE 
COUNTY of franklin TO CONTRACT WITH THE COUNTY COMMIS- 
SIONERS OF OTHER COUNTIES IN THE COMMONWEALTH FOR THE 
CUSTODY AND SUPPORT OF PRISONERS. 

Be it enacted, etc., as follows: 

County commis- SECTION 1. The couuty commissioncrs of the county 
Franklin may of Fraukliu arc hereby authorized to contract with the 
commTslionera commissiouers of any other county or counties in this 
tL°for\hr°" Commonwealth for the custody and support of the in- 
custody and niates of the iail and house of correction in said county of 

support 01 1 1 • 1 • 1 

prisoners. Franklin, for and during such time as may be necessary 

to construct and furnish for occupancy the new jail and 
house of correction as provided for in chapter three hun- 
dred and twenty-one of the acts of the year eighteen hun- 
dred and eighty-six. 
Transfer of SECTION 2. The sheriff" of said county of Franklin is 

pns ner . authorized and empowered to transfer such persons as are 

under sentence or awaiting trial to such institutions as 
shall be designated by the county commissioners, in the 



1887. — Chaptees 57, 58, 59. 629 

same manner that the prison commissioners are authorized 
to transfer prisoners under chapter two hundred and nine- 
teen of the Public Statutes. Approved March 9, 1887. 

An Act to establish the salary of the county treasurer QJiaj). 57 

OF MIDDLESEX COUNTY. 

Be it enacted, etc., as follows : 

Section 1. The salary of the county treasurer of Mid- fighe'Z/*'*^' 
dlesex county shall hereafter be twenty-five hundred dol- 
lars a year. 

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

Approved March 9, 1887. 

An Act to establish the salary of the sheriff of the QJidp, 58 

COUNTY OF BERKSHIRE. 

Be it enacted, etc., as follows: 

Section 1. From and after the first day of January in saiary estab- 
the year eighteen hundred and eighty-seven, the salary of 
the sherifi" of Berkshire county shall be sixteen hundred 
dollars a year. 

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

Approved March 9, 1887. 

An Act to incorporate the American pomological society. Q}icin. 59 
Be it enacted, etc., as follows : 

Section 1. Patrick W. Barry of Rochester, New American 
York, Charles W. Garfield of Grand Hapids, Michigan, sode°y!ncor- 
Benjamin G. Smith of Cambridge, Massachusetts, J. J. p"'^'"^' 
Thomas of Union Springs, New York, Prosper J. Berch- 
man of Augusta, Georgia, Robert Manning of Salem, 
Massachusetts, their associates, the ofiicers and members 
of the association known as the American Pomological 
Society, and their successors, are hereby made a corpora- 
tion under the name of American Pomological Society, 
for the purpose of promoting and encouraging the culture 
of fruit ; with all the powers and privileges and subject to 
all the duties and liabilities set forth in the general laws 
which now are or may hereafter be in force applicable to 
such corporations. 

Section 2. Said corporation may for the purposes Real and per. 
aforesaid have and hold by purchase, grant, gift or other- *°°'' proper y- 
wise real and personal property to an amount not exceed- 
ing one hundred thousand dollars. 



630 1887. — Chapter 60. 

Kwfn^ny Section 3. Said corporation may hold its annual 

place or coun. meeting, or any special meeting, in any place, state or 

country it may determine, provided, that due notice shall 

be given to the members thereof of the time and place of 

said meeting. 

First meeting of SECTION 4. Auv two of the corporators above named 

the corporation. i . -, nir. • r-'j 

are hereby authorized to call the first meetmg ot said cor- 
poration in the month of September next ensuing by due 
notice thereof to each member of said association. 

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

Approved March 10, 1887 . 

Chap. 60 An Act to amend chapter one hundred and fourteen of 

THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-EIGHT 
INCORPORATING THE TRUSTEES OF THE PUBLIC LIBRARY OF THE 
CITY OF BOSTON. 

Be it enacted, etc., asfoUoics: 

Jare^fndcontl-ol Section 1. Scctiou fivc of chapter one hundred and 
oi library and fourteen of thc acts of the year eig-hteen hundred and 

Us branches. -li*! it 

seventy-eight is hereby amended so as to read as follows : 
— The said trustees shall have the general care and con- 
trol of the central public library in said city and of all 
branches thereof which have l)cen or which may hereafter 
be established and the fixtures connected therewith and 
also of the expenditures of money appropriated therefor. 
Trustees to have Section 2. Thc Said board of trustees shall have full 

control of con- i /» i t • 

structionof powcr and control of the design, construction, erection 
'"^' and maintenance of the central public library building, to 

be erected in the city of Boston, and are hereby fully 
authorized and empowered to select and employ an archi- 
tect or architects to design said building and supervise the 
construction and erection thereof, and a superintendent or 
superintendents to take charge of and approve the work ; 
but work upon said building shall not be commenced until 
full general plans for the building shall have been pre- 
pared, 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 par- 
ties, and contracts have been entered into with satisfactory 
guarantees for their performance. 

Semiannual Section 3. Said board shall semi-annually and when- 

ever required by the mayor or city council, make and 
present in writing a particular report and a statement of 
all their acts and proceedings ; and of the condition and 



1887. — Chapters 61, 62. G31 

progress of the work on said new building in process of 
erection by tliem. 

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

Approved March 10, 1887. 

An Act to establish the salaries of the justice and clerk QJicip, 61 

OF the district court of northern BERKSHIRE. 

Be it enacted, etc., as follows: 

Section 1. The salary of the justice of the district fi^^^'^^^J""- 
court of Northern Berkshire, beginning with the first day 
of January in the year eighteen hundred and eighty-seven, 
shall be twelve hundred dollars per annum and at the same 
rate for any portion of the year. 

Section 2. The salary of the clerk of the district ^^''"•y*'^<='«'"^- 
court of Northern Berkshire, beginning with the first day 
of January in the year eighteen hundred and eighty-seven, 
shall be six hundred dollars per annum and at the same 
rate for any portion of the year. 

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

Approved 3Jarch 10, 1887. 



An Act to amend the charter of the housatonic water 

company. 



Cliaj). 62 



Be it enacted, etc., as follows : 

Section 1. Chapter two hundred and sixty-two of the Amendment to 
acts of the year eighteen hundred and eighty-four, is > >§ • 
hereby amended by striking out the whole of section six 
and substituting therefor the following : — Section 6. The Real estate and 
said corporation may for the purpose set forth in this act 
hold real estate not exceeding in amount fifteen thousand 
dollars ; and the whole capital stock of said corporation 
shall not exceed forty thousand dollars to be divided into 
shares of one hundred dollars each. 

Section 2. Section eleven is hereby amended by Amendment to 
striking out the word "three" in the third line of said i^^*' 262' § bi- 
section and substituting therefor the word : — five. 

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

Approved March 10, 1887. 



632 1887. — Chapters 63, 64, 65. 



(JllCip. 63 ^^ -^^"^ RELATING TO SESSIONS OF THE PROBATE COURT FOR THE 

COUNTY OF PLYMOUTH. 

Be it enacted^ etc. , as folloios : 

lllf courtir' Section 1. A session of the probate court for the 
warehara. couiity of Plymouth shall be held on the fourth Monday 

of August in each year at Wareham in said county. 
at Middle- °°"'^' Section 2. The session of said probate court now 
borough to be required to be held at Middleborouo^h in said county of 
Plymouth on the fourth Monday of August is hereby dis- 
continued, and all processes and matters returnable to 
said session at said Middleborough may be heard and 
acted upon at the session hereby authorized to be held at 
said Wareham. 

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

Approved March 10, 1887. 

(JJiap. 64 An Act to incorporate the west newton savings bank in 

THE CITY OF NEWTON. 

Be it enacted, etc., as follows: 

Savfng^'iTank. Section 1. Austiu R. MitchcU, J. Upham Smith, 
incorporated.' Fred E. Crockctt, Edward W. Gate, Alfred L. Barbour, 
their associates and successors, are hereby made a cor- 
poration by the name of the West Newton Savings Bank, 
with authority to establish and maintain a savings bank at 
West Newton, in the city of Newton, with all the powers 
and privileges, and subject to all the duties, liabilities and 
restrictions set forth in all general laws which now are or 
may hereafter be in force relating to savings banks and 
institutions for savings. 

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

Approved March 10, 1^87. 

Chctp. 65 -^N Act to change the name of the cottage street metho- 

DIST EPISCOPAL CHURCH OF CAMBRIDGEPORT. 

Be it enacted, etc. , as follows : 
Name changed. Section 1. The name of the religious society known 
as The Cottage Street Methodist Episcopal Church of 
Cambridgeport is changed to and shall hereafter be The 
Grace Methodist Episcopal Church of Cambridge. 

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

Approved March 10, 1887. 



1887. — Chapters 66, 67, 68. 633 

An Act to incorporate the conway savings bank in conway. (J]i(xr>. 66 

Be it enacted, etc., as follows : 

Section 1. Eichard Tucker, Edward Delabarre, Car- conwayBavings 
los Batchelder, John B. Packard, William G. Avery, their por"ated.°°'^" 
associates and successors, are hereby made a corporation 
by the name of the Conway Savings Bank, with authority 
to establish and maintain a savings bank in the town of 
Conway, with all the powers and privileges and subject to 
' all the duties, liabilities and restrictions set forth in all 
general laws which now are or may hereafter be in force 
relating to savings banks and institutions for savings. 

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

Approved March 10, 1887. 



Chap. 67 



An Act to prevent persons from unlawfully using or 

WEARING the INSIGNIA OF THE MILITARY ORDER OF THE LOYAL 
LEGION OF THE UNITED STATES OR OF THE GRAND ARMY OF THE 
REPUBLIC. 

Be it enacted, etc., as folloios: 

Whoever shall wilfully wear or use the insignia of the insignia of cer- 
Military Order of the Loyal Legion of the United States oMe?e'to bT 
or the insignia of the Grand Army of the Republic, for the memberBf ^^ 
purpose of representing that he is a member of either 
order, unless he shall be a member of the order whose 
insignia he shall so w^ear or use, shall be punished b}"^ fine 
not exceeding twenty dollars, or by imprisonment in the 
house of correction not exceeding thirty days, or by both 
such fine and imprisonment. Approved March 10, 1887. 

An Act to authorize the county commissioners of the ni^r,^^ (^Q 

COUNTY OF BRISTOL TO BORROW MONEY FOR THE COMPLETION '' 

OF THE JAIL AND HOUSE OF CORRECTION AT NEW BEDFORD. 

Be it enacted, etc., as folloios : 

Section 1 . The county commissioners of the county May borrow 
of Bristol are hereby authorized to borrow upon the credit piete Liarg™' 
of said county a sum not exceeding eighty thousand dol- ^c.?a°New 
lars, for the purpose of completing the work of enlarging Bedford, 
the jail and house of correction at New Bedford, as pro- 
vided by chapter one hundred and fifty-two and chapter 
two hundred and fifteen of the acts of the year eighteen 
hundred and eigfhtv-six. 

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

Approved March 11, 1887. 



634 



1887. — Chaptees 69, 70. 



Ch(ip. 69 An Act to confirm and make valid the organization and 

PROCEEDINGS OF THE ORTHODOX CONGREGATIONAL SOCIETr OF 
AYER AND TO CHANGE THE NAME OF SAID ORGANIZATION. 



Organization 
and proceedings 
confirmed and 
made valid. 



Name changed. 



Be it enacted, etc., as follows: 

Section 1. The organization as a corpovation of the 
Union Orthodox Congregational Society of Groton Junc- 
tion, afterwards known as the Orthodox Congregational 
Society' of Groton Junction, and as the Orthodox Con- 
gregational Society of Ayer, which organization was 
originally effected under the general laws of this Com- 
monwealth, and all gifts, devises, bequests and convey- 
ances to said corporation of real or personal estate under 
either of said names or under whatsoever name the same 
shall have been made, and the records of said corporation 
under whatsoever name the same appear to be written ; 
and all acts done and performed by its officers in their 
official or supposed official capacities as officers of said 
corporation or by its committees, are hereby fully ratified 
and confirmed and the same shall be taken and deemed to 
be good and valid in law to all intents and purposes what- 
soever, and the several persons now appearing by the 
records of said corporation to have been chosen as officers 
or committees thereof at its last annual meeting are hereby 
authorized to perform all their respective official duties 
until their successors shall be chosen and qualified, and 
said corporation is authorized to dispose of any and all of 
its real and personal property by deed or deeds signed by 
the standing committee of said corporation they being 
first instructed so to do by a vote of the corporation at a 
meeting duly called for that purpose. 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 Orthodox Congregational Society in Ayer. 

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

Approved March 11, 1887. 



Chap. 70 -^N ^^"^ ^*^ INCORPORATE THE SECOND BAPTIST CHURCH IN PALMER 

IN THE TOWN OF PALMER. 

Be it enacted, etc., asfolloivs: 

Second Baptist Section 1. Albert W. Weeks, Charles B. Fisk, 
Pai"mer incor- Lymau Dimock, E. G. Buss, Frank L. Brooks, S. Edger- 
porated. ^^^^^ Freeman Smith, George H. Justin and all other 



1887. — Chapter 71. 635 

members of the Second Baptist Church in Pahiier and 
their successors as members of such church are hereby 
made a corporation by the name of the Second Baptist 
Church in Pahner, 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 may hold real and per- Real and per- 
sonal estate to an amount not exceeding twenty-five ^°""'®^'"*^* 
thousand dollars for parochial and religious purposes. 

Section 3. This act shall take efi'ect upon its passage. 

Approved March 15, 1887. 

An Act to incorporate the central cemetery association /^^^^ 71 

IN THE TOAVN of MIDDLEBOROUGH. -^ * 

Be it enacted, etc., asfollotvs: 

Section 1. Calvin D. Kingman, John C. Robinson, central ceme- 
Nahum D. Wilber, Charles E. Leonard, Matthew H. tery Association 

' ' incorporated. 

Cushing, David A. Tucker, Eugene P. Le Baron, Josiah 
H. Cushing, George L. Soule, Charles F. Jones, George 
Shaw, William 11. Caswell, William H. Whitcomb, Alden 
Miller, Samuel McMann, James E. McMann, Francis A. 
Parker and James M. Pickens, their associates and suc- 
cessors are hereby made a corporation by the name of the 
Central Cemetery Association, for the purpose of acquir- 
ing, holding, managing and perpetuating a place for the 
burial of the dead in the town of MiddleTjorough, with all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities contained in general laws which 
now are or hereafter may be in force relating to similar 
corporations. 

Section 2. Said corporation may purchase, acquire, Real and per- 
receive and hold the whole of the real estate now held *°""' ®*'"'®- 
and set apart by the Central Baptist Society in Middlebor- 
ouo^h as a burial o^round and the whole of the real estate 
conveyed to said society by Moses H. Piper and Mary 
E. Piper, and may also hold personal estate to an amount 
not exceeding ten thousand dollars to be applied to objects 
connected with and appropriate to the purposes of said 
corporation in addition to any amount which may be held 
by it under the provisions of section six of this act. 

Section 3. The Central Baptist Society in Middle- society in Mid- 

1 1-11 ii • 1 1 -1 i- dleborough may 

borough IS hereby authorized, whenever said corporation convey real 
shall be duly organized, to release and convey to said buria*i grlfund."* 



636 



1887. — Chapter 71. 



Proviso. 



Proprietors of 
lots to become 
members of 
corporation. 



Proceeds of 
sales of lots. 



May take dona- 
tions, etc., upon 
trust, for im- 
provement, etc., 
of cemetery. 



corporation for such consideration and upon such terms 
as may be agreed upon by a deed executed by the treas- 
urer of said society in its behalf, the whole of the real 
estate now held and set apart by said society as a burial 
ground for the dead, and the whole of the land conveyed 
to said society by Moses H. Piper aiid Mary E. Piper : 
provided, that a majority of the qualitied voters of said 
society present and voting shall vote so to do at a meet- 
ing duly warned or called for that purpose. And said 
society is hereby authorized to transfer and deliver to 
said corporation when duly organized the whole of the 
personal estate held by it for cemetery purposes, the same 
to be applied by said corporation to the purposes set forth 
in section five of this .act relative to the net proceeds of 
sales of lots. 

Section 4. All persons who shall become proprietors 
of lots in any lands acquired by said corporation, and all 
persons who shall be proprietors of lots whether by deed 
or otherwise in the real estate mentioned in section three 
of this act at the time when the release and conveyance 
therein authorized shall be made to said corporation, shall 
be and become members of said corporation, and when- 
ever any person shall cease to be the proprietor of a lot 
in the lands of said corporation he shall cease to be a mem- 
ber thereof. 

Section 5. All the net proceeds of sales of lots in the 
lands held by said corporation shall be forever devoted 
and applied to the preservation, improvement, embellish- 
ment, protection and enlargement of said cemeter}^ and 
the incidental expenses thereof and to no other purpose. 

Section 6. Said corporation is hereby authorized to 
take and hold any grant, donation or bequest of property 
upon trust, to apply the same or the income thereof for 
the improvement, embellishment or enlargement of said 
cemetery, or for the erection, repair, preservation or 
removal of any monument, fence or other erection, or 
for the planting and cultivation of trees, shrubs or plants 
in or around any lot, or for improving said premises in 
any other manner or form consistent with the purposes 
for which said corporation is established, according to the 
terms of such grant, donation or bequest ; and whenever 
any such grant, donation or bequest or any deposit of 
money shall be made by the proprietor of any lot in said 
cemetery for the annual repair, preservation or embellish- 



1887. — Chapter 71. 637 

ment of such lot and the erections thereon, the said cor- 
poration may give to such proprietor or his representative 
an agreement or obligation in such form and upon such 
conditions as it may establish, l)inding said corporation 
and its successors to preserve and keep in repair said 
lot forever or for such period as may be agreed upon. 

Section 7. The officers of said corporation shall con- officers of the 
sist of five trustees, a treasurer and a clerk, who shall be corporation. 
elected at the annual meeting of said corporation, a presi- 
dent to be elected annually by the trustees from their 
number, and such subordinate officers as may be provided 
for by the by-laws. Said treasurer and clerk shall each 
be elected for one year and until his successor is elected 
and qualified. Said trustees shall be elected one each 
year for the term of five years : provided^ however, that 
at the first election the terms shall be respectively one, 
two, three, four and five years. Said trustees shall have 
the general management, care and superintendence of the 
property, expenditures, business and affairs of said cor- 
poration and of the sales of lots in said cemetery and 
shall make a report of their doings to the corporation at 
its annual meeting. The treasurer shall give such bonds Treasurer to 
as the trustees direct. In case of a vacancy in said board ^'"'^ ''^"'^" 
of trustees, or in the office of treasurer or clerk, by death, 
resignation, removal or otherwise, such vacancy' may be 
filled for the unexpired term at any annual or special 
meeting of the corporation. 

Section 8. The annual meeting of said corporation Annual meet- 
shall be held on the first Wednesday of April in each year '"^' 
at such place in said town of Middleborough as the trus- 
tees shall direct. Notice of annual and special meetings 
shall be published two successive weeks in some news- 
paper published in the town of Middleborough, the last 
publication to be at least three days before such meeting. 
At all meetings of said corporation a quorum for business Quorum, 
shall consist of not less than ten persons, and all questions 
shall be decided by a majority of the members present or 
represented who may vote either in person or by proxy. 

Section 9. This act shall take eftect upon its passage Temporary ofli- 
so far as to authorize said corporation to hold a meeting at ftrstme'eting'! 
at which an organization shall be effected by the election 
by ballot of a temporary president, treasurer and clerk, 
who shall be authorized to negotiate with said society for 
a conveyance to said corporation of the whole or any part 



638 



1877. — Chapters 72, 73. 



of the real estate mentioned in sections two and three of 
this act, and to receive such conveyance, but shall not 
take effect for any other than the foregoing purposes until 
such conveyance shall have been executed and delivered 
by said society to said corporation. Notice of the time, 
place and purpose of said meeting shall be given in writ- 
ing by any two of the three corporators first named to 
each of the others at least three days before said meeting, 
maa^t'offic'ers' ^^^ soou as sald convcyancc shall have been made and 
delivered as aforesaid, said temporary president, treasurer 
and clerk shall call a meeting of the proprietors of lots in 
said real estate who shall at said meeting elect by ballot 
the officers mentioned in section seven. If said meeting 
shall be held on any other day than that hereinbefore 
prescribed for the annual meeting, all officers elected shall 
hold their respective offices for the full terms to which 
they may be severally elected, reckoning however as one 
year the time intervening between the date of said first 
meeting and the annual meeting next ensuing. Said first 
meeting shall be called by a notice of the time, place and 
purpose thereof published two weeks successively in 
some newspaper published in said Middleborough, the last 
publication to be at least three days before said meeting. 

Approved March 15, 1887. 



Xotice of first 
meeting to be 
published in a 
newspaper In 
Middleborough 



GTlCLT). 72 ^^ ^^'^ ^^ ESTABLISH THE SALARY OF THE JUDGE OF THE PRO- 
BATE COURT FOR THE COUNTY OF NORFOLK. 

JB« it enacted, etc., as follows: 

Salary of judge. SECTION 1. The judgc of the probate court for the 
county of Norfolk shall receive an annual salary of twenty- 
five hundred dollars. 

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

Approved March 15, 1887. 



Chap. 



73 An Act to incorporate the junction water company of 

pittsfield. 



Be it enacted, etc., as follows: 

Junction Water SECTION 1. "William S. Noble, Emoiy H. Nash, Jauies 
porai'ld? "^°'''* H. Butler, Robert A. Rice, George B. Benton, E. R. 
Morse and Henry Noble and their associates and suc- 
cessors are hereby made a corporation by the name of 
the Junction Water Company, for the purpose of furnish- 
ing the inhabitants of the easterly part of the town of 



1887. — Chapteu 73. 639 

Piltsfield and of the southwesterly part of Dallon, and 
the Hoston and Albany Kailroad Company, with water 
for the extinguishment of fires, for domestic and other 
purposes ; with all the powers 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 applicable to such corporations. 

Section 2. The said corporation for the purpose afore- Mi.y take the 
said may take, by purchase or otherwise, and hold the Benton Brooks 
water of the Benton Brooks, so called, in the town of *" '"'''^°- 
Dalton, and the waters which flow into and from the same ; 
and may purchase other water sources, and may take, by 
purchase or otherwise, and hold all lands, rights of way 
and easements necessary for holding and preserving such 
water and for conveying the same to, into and through said 
easterly part of Pittsfield and southwesterly part of Dalton ; 
and may erect on the land thus taken or held proper dams, 
buildings, fixtures and other structures, and may make 
excavations, procure tind 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 and 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 purposes of constructing, main- 
taining and repairing such conduits, pipes and other 
works, and for all proper purposes of this act, said cor- 
poration may dig up any such lands, and under the direc- 
tion 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 tq cause to be 
days after the taking of any lands, rights of way, water Jeg^s'tryordeeds 
rio;hts, water sources or easements as aforesaid, otherwise fd7<="pi'"nof 

o ' ' " tbe land lasen. 

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- Damages 
ages sustained by any person in property by the taking 



640 



1887. — Chapter 73. 



No application 
for aesesBment i* /• 

to be made until CatlOIl lOF aSSeSSmcnt 
water is di- 
verted. 



Real estate, 
capital Btock 
and shares. 



Penalty for cor- 
rupting water 
or for injuring 
property. 



of any land, right of way, water, water source, water 
right or ea:«ement, or by any other thing done by said 
corporation under the authority of this act. Any person 
sustaining damages as aforesaid under this act, who fails 
to agree with said corporation as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the 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 appli- 

of damaffes 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 the said easterly part of Pittsfield and 
southwesterly part of Dalton ; 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 any other town or city, or with any fire district 
that is or may hereafter be established therein, or Avith 
any individual or corporation, to supply water for the 
extinguishing of fire or for other purposes, as may be 
agreed upon by such town, city, tire district, individual or 
corporation, and said corporation. 

Section 6. The said corporation may for the purposes 
set forth in this act, hold real estate not exceeding in 
amount twtnty-five thousand dollars ; and the whole capital 
stock of said corporation shall not exceed fifty thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for 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. 



1887. — Chapter 74. ^ 641 

Section 8. The said town of Pittsfield shall have the Townof Pitts- 
right at any time to purchase of said corporation its chasJ^fnuichue 
franchise, corporate property and all its rights, powers »"<^ P^op^^y- 
and privileges, at a piice which may l)e mutually agreed 
upon between said town and said corporation, and said 
corporation is authorized to make sale of the same to said 
town. If 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 said town and 
notice to the other party, whose award, when accepted by 
said court shall be bindino; upon all parties. The rijjht Subject to ac- 

. T . ~ T T . , ceptaiice by a 

to purchase aloresaid is granted on condition that the two-thirds vote; 
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 U. The county coraaiissioners for the county May b<' required 
within which any land, water or water rights taken under for^pay.'Qent"oY 
this act is situated, shall, upon application of the owner coeT*.^'''^ *"*^ 
thereof, require said corporation to give satisfactory secu- 
rity for the payment of all damages and costs which may 
be awarded such owner for the land or other property so' 
taken ; but previous to requiring such security the county 
commissioners shall, if application therefor is made by 
either party, make an estimate of the damages which may 
result from such taking, and the county commissioners 
shall in like manner require further security, if at any 
time the security before required appears to them to have 
become insutficient ; and all the right or authority of said 
corporation to enter upon and use such land or other 
property, except for making surveys, shall be suspended 
until it gives the security so required. 

Section 10. This act shall take effect upon its passage. 

Approved March 15, 1887. 

An Act relating to tue fees of official stenograpueus. nhnrt 74 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and ^«''"''f**®""8- 

1% .111 rapricrs. 

mneiy-one of the acts of the year eighteen hundred and Amendment to 
eighty-five is hereby amended by striking out the word 
"seven" in the fifth line thereof and inserting in lieu 
thereof the word : — nine. 



642 1887. — Chapters 75, 76, 77. 

fss^stM^T"" Section 2. Section two of suid chapter is hereby 

amended by striking out the word " seven " in the twelfth 

line thereof and inserting in lieu thereof the word : — ten. 

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

Approved March 15, 1887. 

Chan. 75 -^^ ^^"^ "^^ AUTHOKIZE the PEKKIXS institution and MASSACHU- 
SETTS SCHOOL KOK THE BLIND TO HOLD ADDITIONAL ESTATE 
FOU THE PUKPOSE OF A KINDEKGAUTEN FOK THE BLIND. 

Be it enacted, etc., as folloics: 

uiTiuImlid. Section 1. The Perkins Institution and Massachusetts 
School for the Blind is authorized to establish and main- 
tain a primary school for the education of little children, 
by the name of Kindergarten for the Blind, and to hold 

^DaiTatai"' ^^^' ^his purposc, real and personal estate to an amount 
not exceeding two hundred and seventy-five thousand dol- 
lars in addition to the amount it is now authorized to hold. 

vorHi\VuiJhtl'e Section 2. The said kindergarten for the blind shall 

charge, etc. }jq uudcr the direction and management of the board of 
trustees of said corporation. 

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

Approved March 15, 1887. 

ChciT). 76 ^'^ '"^^^ "^^ AMEND THE CHARTER OF THE SPRINGFIELD STREET 

RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

aralndcd. SECTION 1. The Springfield Street Railway Company 

is hereby authorized to construct, maintain and use a 
railway with convenient single and double track upon and 
over such streets and highways in the town of West 
Springfield and the city of Springfield as shall be, from 
time to time, fixed and determined by the selectmen and 
board of aldermen of said places respectively. 

Section 2. This act shall take effect upon its pas.«age. 

Appro'ied March 15, 1887. 

fffldyy 77 An Act to authorize the new England hospital for women 

^ AND CHILDREN TO H<>LD ADDITIONAL REAL AND PERSONAL 

ESTATE. 

B". it enacted, etc., asf>llo'i's: 
May hold addi. SECTION 1. The New England Hospital for AVomen 
personal estate, and Children is hereby authorized and empowered to hold 

real estate not exceeding in value two hundred and fifty 



1S87. — Chapters 78, 79, 80, 643 

thousand dolhirs, and personal property not exceeding in 
value two hundred and fifty thousand doUars, instead of 
the amounts of real estate and personal property author- 
ized by its act of incorporation. 

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

Approved March 15, 1SS7. 



Chap. 78 



An Act concerning the salary of the late daniel a. 

McCAKTY. 

Be it enacted, etc., as fuUows : 

Section 1. The board of aldermen of the city of ^^lyy """y ^"^ 

, 1 • 1 P^'" '° widow. 

Boston, acting as county commissioners, are authorized 
to pay to the widow of Daniel A. McCarty, late an 
officer in attendance upon the supreme judicial court 
holden in said city of Boston, the balance of the salary as 
such ofiicer for the year eighteen hundred and eighty-six, 
to which he would have been entitled had he lived and 
continued to be such officer during the remainder of said 
year ; but no part thereof shall be paid by the Common- 
wealth. 

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

Approved March 15, 1887. 

An Act authokizing an increase of tbe capital stock of niinrY\ 70 
tue milford water company. 

Be it enacted, etc., as follows: 

The Milford Water Company is hereby authorized to May increase 
increase its capital stock to the sum of two hundred thou- <=*P't^' »'ock. 
sand dollars : provided, that no certificate be issued or 
any of said new stock sold at less than its par value. 

Approved March 15, 1887. 

An Act to amend an act to incorporate the iiolliston nj^f^r^. QQ 

water company. "' 

Be it enacted, etc., as follows : 

Section 1. The provisions of chapter one hundred pme extended 
and six or the acts of the year eijjhteen hundred and mem of work, 
eighty-four, entitled An Act to incorporate the Holliston 
'Water Company, are hereby extended for the period of 
three years from and after the twenty-sixth day of March 
in the year eighteen hundred and eighty-seven. 

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

Ap) proved March 15, 1887. 



etc. 



644 



1887. — Chaptees 81, 82. 



Waltham Fire- 
mcri'B Relief 
Association, 
ii.corporated. 



(JJlClp. 81 -^^ '^^^ "^^ INCOKPORATE THE WALTUAM FIREMENS RELIEF ASSO- 
CIATION. 

Be it enacted, etc., asfollovcs: 

Section 1. Charles H. Parks, Edgar A. Emerson, 
Emory H. Brower, Freeman C. Hodgclon, Robert John- 
son, Atwood J. »Tackson, Walter B. Lucas, Fred W. 
Walker, Fred R. Eaton, John R. Hutchinson, R. Mein- 
hard Koesgcr, their associates and successors, are hereby 
made a corporation by the name of the Waltham Fire- 
men's Relief Association, for the purpose of furnishing aid 
and assistance to such firemen as may be sick or in need, 
or who shall have been injured while in the performance 
of their duty ; with all the powers and privileges and sub- 
ject to all the duties, restrictions and liabilities set forth 
in the general laws which now are or may hereafter be in 
force relating to such corporations ; and for the purposes 
aforesaid said corporatiou may hold real and personal 
property' not exceeding ten thousand dollars in value. 

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

Approved March 15. 1887. 



ChCin. 82 ^'^ ^^"^ "^O AMEND THE CHARTER OF THE STEKLING CAMP MEETING 

ASSOCIATION. 



Charter 
amended. 



Election of 
trustees. 



Vacancies. 



Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and seventeen of the 
acts of the year eighteen hundred and fifty-six is hereby 
amended by inserting the word : — twenty, — before the 
"word "tive"in the eighth line of section two, and l)y 
strikinsr out the whole of section three and sub^titutini? 
therefor the following : — The number of trustees of the 
aforesaid association shall be ten who shall be members of 
the Methodist Episcopal Church. They shall be elected 
at the first annual meeting, after the passage of this act, 
of the preachers and tent masters or tent delegates in the 
following manner: two shall be elected to hold their 
office for one year ; two for two years ; two for three 
years ; two for four years, and two for five years. After 
the first annual meeting two trustees shall be elected each 
year to hold office for the term of five years. All vacan- 
cies shall be filled by the preachers and tent masters or 
tent delejjates at the annual meetinsf. Six of the trustees 
shall constitute a quorum for the transaction of business. 

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

Ajqjroved March 15, 1887. 



1887. — Chapters 83, 84. 64:5 



An Act to establish the salary of TUE executive clerk of (JJid'ry^ 83 
THE GOVEKNOR AND COUNCIL. 

Be it enacted^ etc., as follows: 

Section 1. The anmuil salary of the executive clerk ^^,\"Y/**''''' 
of the orovernor and council shall be seventeen hundred 
dollars, from the first day of January in the year eighteen • 

hundred and eighty-seven. 

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

Approved March 13, 1S87. 

* 

An Act to authorize the city of lynn to borrow money (Jhnj) 84 

FOR the purpose OF BUILDING DRAINS AND SEWERS. 

Be it enacted, etc., as follows : 

Section 1. The city of Lynn for the purpose of build- ^o^^eyTrTuiid 
ins: sewers and drains may raise by borrowing from time in? s'wers and 
to time a sum of money not exceeding one hundred thou- 
sand dollars, and for this purpose may issue from time to 
time bonds, notes or scrip not exceeding said amount. 
Such bonds, notes and scrip shall bear on their face the 
words City of Lynn Sewer Loan, act of 1887, and shall 
be payable at the expiration of periods not exceeding 
twenty years from the date of issue, shall bear interest 
payable semi-annually at a rate not exceeding six per 
centum per annum, and shall be signed by the mayor and 
treasurer of said city. The said city may sell such secu- 
rities at public or private sale or pledge the same for 
monej' borrowed for the purpose of building sewers or 
drains, upon such terms and conditions as it may deem 
proper. The said city shall provide at the time of con- sinking fund. 
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 ; and said city shall 
raise annually by taxation a sum sufficient to pay the 
interest as it accrues on said bonds, notes and scrip. 

Section 2. This act shall take effect upon its accept- Ru^jectto 

, . ., . , . ... ' ncc ptiince by 

ance l)y the city council withm one year from its passage, city council. 

Approved March 16, 1887. 



61(5 1887. — Chapter 85. 



Chan. 85 ^^ ^^^ "^^ incorporate the b. m. c. durfee safe deposit and 

TRUST COMPANY. 

Be it enacted, etc., as follows: 

lafeD^po^uand Skction 1. John S. Brayton, Edward L. Anthony, 
Trustcompani. Thomas E. Brayton, James M. Morton. David A. Bray- 
, ton, Jr., Andrew J. Borden, Hezekiah A. Brayton and 

M. B. Young, their associates and successors, are made a 
corporation by the name of the B. M. C. Durfee Safe 
Deposit and Trust Company, to be located at Fall Eiver, 
for the purpose of receiving on deposit, storage or other- 
wise, moneys, government securities, stocks, bonds, coin, 
jewelry, plate, valual)le papers and documents, evidences 
of debt, and other property of every kind, upon such 
terms or conditions as may be obtained or agreed upon, 
and at the request of the depositor of collecting and dis- 
bursing the interest or income upon such of said property 
received on deposit as produces interest or income, and 
of collecting and disbursing the principal of such of said 
property as produces interest or income when it becomes 
due, upon terms to be prescribed by the corporation, and 
for the purpose of advancing money or credits on real and 
personal security, on terms that may be agreed upon ; 
and all the powers and privileges necessary for the execu- 
tion of this purpose are granted, subject nevertheless to 
the duties and restrictions and liabilities set forth in the 
one hundred and tifth chapter of the Public Statutes and 
in all the general laws which now are or hereafter may be 
in force in relation to such corporations. 
Reserve. SECTION 2. Such corporatiou shall at all times have 

on hand, as a reserve, in lawful money of the United 
States, an amount equal to at least fifteen per centum of 
the aggregate amount of all its deposits which are subject 
to withdrawal upon demand or within ten days ; and 
whenever said reserve of such corporation shall be below 
said per centum of such deposits, it shall not increase its 
liabilities by making any new loans until the required 
proportion between the aggregate amount of such depos- 
its and its reserve fund shall be restored : provided, that 
in lieu of lawful money one-third of said fifteen per cen- 
tum may consist of balances, payable on demand, due 
from any national bank doing business in this Common- 
wealth, and one-third of said fifteen per centum may 



1887. — Chapter 85. 647 

consist of bonds of the United States or of this Common- 
wealth, the absolute property of such corporation. 

Section 3. Any court of law or of equity, includin^^ courtmayorder 

1 ' f At • 1^ J. 1 money within 

courts of probate and insolvency or this state, may by ns control to be 
decree or otherwise direct any moneys or properties under '"""" •^^i'"""'' 
its control, or that may be paid into court by parties to 
any legal proceedings, or which may be brought into 
court by reason of any order or judgment in equity or 
otherwise, to be deposited with said corporation, upon 
such terms and subject to such instructions as may be 
deemed expedient : provided, however, that said corpora- Proviso. 
tion shall not be required to assume or execute any trust 
without its own assent. Said corporation shall also have 
power to receive and hold moneys or property in trust 
or on deposit from executors, administrators, assignees, 
guardians and trustees, upon such terms or conditions as 
ma}'^ be obtained or agreed upon : provided, also, that all JiiveBtments. 
such moneys or property received under the provisions of 
this section shall be loaned on or invested only in the 
authorized loans of the United States, or of any of the 
New England states, or cities or counties or towns of this 
state, or stocks of state or national banks organized within 
this Commonwealth, or in the first mortgage bonds of any 
railroad company incorporated by any of the New England 
states which has earned and paid regular dividends on its 
stocks for two years next preceding such loan or invest- 
ment, or in the bonds of any such railroad company unen- 
cumbered by mortgages, or in first mortgages on real 
estate in this Commonwealth, qr in any securities in which 
savings banks are allowed to invest, or upon notes, with 
two sureties, of manufacturing corporations created under 
the laws of this state, or of individuals with a sufficient 
pledge as collateral of any of the aforesaid securities ; but ^X'ed^by'fo'V'L'. 
all real estate acquired by foreclosure of mortgages or by ^g"g"[j'af''" '" 
levy of execution, shall be sold at public auction within auction withm 
two years after such fon^closnre or levy ; provided, also, ^""y'^^"- 
that all such money or property received, invested or 
loaned under this section shall be a special deposit in said 
corporation, and the accounts thereof shall be kept sepa- 
rate, and such funds, and the investment or loans of them, 
shall l)e specially appropriated to the security and pay- 
ment of such deposits and not to be subject to the other 
liabilities of the corporation ; and for the purpose of 
securing the observance of this proviso said corporation 



648 



1887. — Chaptek 85. 



Trust depart- 
ment. 



May be ap- 
pointed trustee. 



Investment of 
trust property. 



Provisos. 



Trust money, 
etc., not to be 
mingled with 
investments of 
capital stock. 



shall have a trust department into which all business 
authorized by this section shall be kept separate and 
distinct from its general business. 

Section 4. Said corporation may also 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 stock- 
holders existing thereunder^ hereafter referred to, 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 corporation, 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. g 

Section 5. In the management of money and prop- 
erty 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 referred to 
in section three of this act : provided, that it shall be com- | 
petent for the authority making the appointment to direct, " 
upon the conferring of the same, whether such money and 
property shall be held separately or invested in the gen- 
eral trust fund of the company ; and provided, also, that 
said corporation shall always be bound to follow and be 
entirely governed by all directions contained in any will 
or instrument under which it maj' act. 

Section (j. No money, property or securities received 
or held by said company under the provisions of sections 
four and five of this act shall be mingled with the invest- 
ments of the capital stock, or other moneys or property 



1887. — Chapter 85. 649 

boloniring to said corporation, or be liable for the debts or 
obligations thereof. 

Section 7. The total liabilities to this corporation of r^/'^'t«f^^^^'|''y 
any person, firm or corporation, other than cities or towns, 
for money bon-owed, including in the liabilities of a com- 
pany or firm the liabilities of its several meml)crs, shall at 
no time exceed one-fifth part of such amount of the capi- 
tal stock of this corporation as is actually paid u[) and 
one-tenth part of its deposits. But the discount of bills 
of exchange drawn in good faith against actually existing 
values, and the discount of commercial or business paper 
actually owned by the person negotiating the same, shall 
not be considered as money borrowed. 

Skction 8. Said corporation shall semi-annually make Tomakesemi- 

i„i.ii •• c • 11 '"ii" annuiil return to 

a return to the commissioners ot savmgs banks m this commissioners 
Commonwealth, on or before the second Mondays of May bankl'"^* 
and November, which shall be signed and sworn to by a 
majority of its board of directors; and said returns shall 
specify the following, namely : Capital stock ; amount of all 
mnneys and property in detail in the possession or charge 
of said company as deposits ; amount of deposits payable 
on demand or within ten days ; trust funds or for pur- 
poses of investment ; number of depositors ; investments 
in authorized loans of the United States or any of the 
New England states or cities or counties or towns, stating 
amount in each ; inve-tinents in I)ank stock, stating amount 
in each ; investments in railroad stock, stating aniount in 
each ; investments in railroad bonds, statins: amount in 
each ; loans on notes of corporations ; loans on notes of 
indiv iduals ; loans on mortgages of real estate ; cash on 
hand ; all as existing at the date of making such returns, 
with the rate, amount and date of dividends since last 
return. The commissioners ol savings banks shall have commispioners 
access to the vaults, books and papers of the company, {" bo^k^'^pa^^ 
and it shall be their duty to in>pcct, examine and inquire p''"''''^- 
into its alFaii-s and to take proceedinofs in regard to them 
in the same manner and to the same extent as if this cor- 
poration was a savings bank, subject to all the general 
laws which are now or hereafter m;iy be in force relating 
to such institutions in this regard Such I'eturns required 
to be made to the commissioners of savin^js banks shall 
he in the form of a trial balance of its books, and shall 
specify the ditferent kinds of its liabilities and the difier- 
ent kinds of its assets, stating the amount of each kind, 



650 1887. — Chapter 85. 

Returns to be in accordaiice with a blank form to be furnished by said 

published in a . . i 11 i 1 i- 1 i • 

newspaperin commissioncrs ; and these returns shall l)e published in a 

newspaper of the city of Fall River at the expense of 

said corporation, at such times and in such manner as 

may be directed by said commissioners, and in the annual 

report of said commissioners. 

visi'ins'Jf'p'^s Section 9. Said corporation shall be subject to the 

13- provisions of chapter thirteen of the Public Statutes, and 

any acts now existing or which may hereafter be passed 

in amendment or lieu thereof. 

To make annual SECTION 10. Said Corporation shall also annually, he- 
return to the lax , i . • "^ 

commissioner of twccu the first and tenth days of May, return to the tax 

personal prop- . . i i i. ii. . 1 1 il .i «.- 

erty held in trust commissioncr a true statement, attested by the oath oi 
^la^etotaxa- gQ,^^g ofEccr of the corporatiou, of all personal property 
held upon any trust on the first day of May which would 
be taxable if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in 
this Commonwealth where any beneficiary resided on said 
day, and the aggregate amount of such property then 
held for all beneficiaries resident in each of such cities 
and towns, and also the aggregate amount held for bene- 
ficiaries not resident in this Commonwealth, under the 
pains and penalties provided in section fifty-four of 
chapter thirteen of the Public Statutes and acts in amend- 
ment thereof, for corporations failing to make the returns 
provided by said act. Said corporation shall annually 
pay to the treasurer of the Commonwealth a sum to be 
ascertained by assessment by the tax commissioner upon 
an amount equal to the total value of such property, at 
the rate ascertained and determined by him, under section 
forty of chapter thirteen of the Public Statutes and acts 
in amendment thereof. 
Tomakeannuai SECTION 11. Said coiporatiou shall also aunuallv, bc- 

return to tax > ^ t i i /■ n* i 

commissioner of twecu the first aud teuth days or May, return to the tax 

sums deposited . . . > . j •*/> i i ^i i.i c 

on interest or commissiouer H truc Statement verified by the oatn ot 
for mvestment. gyjj-jg ofgyer of the Corporation, of the amount of all sums 
deposited with it on interest or for investment, other than 
those specified in the tenth and thirteenth sections of this 
act, together with the name of every city and town in 
this Commonwealth where any beneficial owner resided 
on said first day of May, and the aggregate amount of 
such deposits then held for the benefit of persons residing 
in each of such cities and towns, under like penalty. 
Said corporation shall annually pay to the treasurer of 



1887. — Chapter 85. G51 

Ihe Commonwealth a sum to be ascertained by assessment 
by the tax commissioner upon an amount equal to the 
total value of such deposits at three-fourths the rate as- 
certained and determined by him under section forty of 
chapter thirteen of the Public Statutes and acts in amend- 
ment thereof. 

Section 12. No taxes shall be assessed in any city or Not to be taxed 
town for state, "county or town purposes, upon or in bLmficlarTes"^ 
respect of any such property held on trust or any such "»•<*«• 
amounts deposited in interest or for investment, but such 
proportion of the sum so paid by said corporation as cor- 
responds to the amount of such property held for bene- 
ficiaries or payable to persons resident in this Common- 
wealth, shall be credited and paid to the several cities 
and towns Avhere it appears from the returns or other 
evidence that such beneticiaries resided on the first day of 
]\Iay next preceding, according to the aggregate amount 
so held for beneficiaries and persons residing in such cities 
and towns respectively ; and in regard to such sums so to 
be assessed and paid as aforesaid, said corporation shall 
be subject to sections one, fifty-three, fifty-seven, fifty- 
eight and lifty-nine of chapter thirteen of the Public 
Statutes and acts in amendment or lieu thereof, so far as 
the same are applicable thereto. 

Section 13. Deposits with said corporation, which i^epoBits with- 

I 1 ' drawable on 

can be withdrawn on demand, shall, for purposes of tax- demand, etc., 
ation, be deemed money in possession of the person to money in po8. 
whom the same is payable on demand or within ten days. 

Section 14. The said corporation is also authorized ^tL"f:!/i\„i.„ 
to act as agent for the purpose of issuing, registering or and registering 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon, and may also act as trustee or 
financial or other agent for any person or firm, corpo- 
ration, association, municipality, government, state or 
national authority, and in their behalf to negotiate loans 
and to sell and negotiate the sale of securities, and may 
also act as trustee for the bondholders of corporations, and 
to this end is empowered to receive transfers of real and 
personal property upon such terms as may be agreed upon. 

Section 15. The capital stock of said corporation capH«i stock 
shall be one hundred thousand dollars, with the privilege beTncrei8™d"To 
to increase the same from time to time to not exceeding ^^^'^fi^- 



652 



1887. — Chaptek 86. 



Real estate in 
Fall liiver. 



Liability of 
shdreboldero. 



Shares aBsign- 
ahle and trans- 
ferable. 



five hundred thousand dollars, and the same shall be paid 
for at such time and in such manner as the board of 
diiectors shall decide : ])ruvided, that no business shall be 
transacted by the corporation until the whole amount is 
subscribed for and actually paid in, and no shares shall be 
issued until the par value of such shares shall have been 
actually paid in in cash. 

Sf.ction 1G. Said corporation shall -be entitled to 
purchase and hold real estate in the city of Fall Kiver 
suitable for the transaction of its business, to an amount 
not exceeding in value forty thousand dollars ; and the 
balance of the capital stock shall be invested only in the 
investments authorized by section three ot this act in the 
case of moneys or property held in trust or on deposit. 

Section 17. The shareholders of said corporation 
shall be held individually liable, equally and ratably, and 
not one for another, for all contracts, debts and engage- 
ments of such association, to the extent of the amount uf 
their stock therein at the par value thereof, in addition to 
the amount invested in such shares. The provisions con- 
tained in chapter one hundred and six of the Public 
Statutes, sections sixty-two to seventy-one inclusive, 
shall apply to and regulate the enforcement of this lia- 
bility. 

^ECTlON 18. The shares of said corporation shall be 
assignable and transferable according to such rules and 
regulations as the stockholders shall, for that purpose, 
ordain and establish, and not otherwise. 

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

Approved March 10, 1887. 



October 1 an 
iiually. 



Chew. 86 ^^ ^^^ ^^ HELATION TO THE ASSESSMENT OF TAXES. 

Be it enacted, etc., as follows: 
Asseesorsto SECTION 1. Sectiou fifty-four of chapter eleven of the 

deposit copy in -r» , , . i i • i i it 

t-ecretaiyv office Fuolic ^tatutcs as amended is hereby amended so as to 
read as follows: — The assessors shall fill up the table o+' 
aggregates by an enumeration of the necessary items in- 
cluded in the lists of valuation and assessments required 
by law, and shall on or before the first day of October in 
each year deposit in the oflice of the secretary of the 
Commonwealth an attested copy of the same, contain- 
ing, — First. The number of persons assessed, specifying 
the number assessed for a tax on property and the number 



i 



1887. — Chapter 87. 653 

assessed for a poll tax only. Second. The number of 
polls, specifying the number of male polls and the number 
of female polls. Third. The tax on each poll, male or 
female. Fourth. The value of personal estate, specifying 
the value of the same excluding resident bank stock and 
the value of resident bank stock. Fifth. The value of 
real estate, specifying the value of buildings exclusive of 
land and of land exclusive of buildings. iSixth. The total 
valuation of the city or town. Seventh. The tax for 
state, county and city or town purposes including over- 
layings, specifying the amount assessed on personal 
estate, on real estate and on polls. Eighth. The rate of 
total tax per one thousand dollars. Ninth. The amount 
as valued for assessment, of money at interest, and other 
debts due the persons assessed more than they are in- 
debted or pay interest for, specifying the amount secured 
by mortgage and the amount unsecured. Tenth. The 
amount of money on hand, including deposits taxable, as 
valued for assessment. Eleventh. The amount of public 
stocks and securities, as valued for assessment. Twelfth. 
The amount of stocks in corporations without the state, as 
valued for assessment. Thirteenth. The number of horses 
assessed. Fourteenth. The number of cows assessed. 
Fifteenth. The number of sheep assessed. Sixteenth. 
The number of neat cattle, other than cows, assessed. 
Seventeenth. The number of swine assessed. Eighteenth, 
The number of dwelling houses assessed. Nineteenth. 
The number of acres of land assessed: provided^ that in copy from 
the case of the city of Boston said copy may be deposited deposited on or 
in the office of the secretary on or before the first day of ^er°i? ^"^®'"" 
November in each year. 

Section 2. The blank forms of the tables of aggre- Forms of tables 
gates provided for by section fifty-two of said chapter '° ^' '^'"'^''^• 
shall be so changed as to include the items provided for 
by the foregoing section. 

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

Approved March 16, 1SS7. 

An Act conceuning tue keeping of accounts in sunduy state CJinii S7 

INSTITUTIONS. ■* * 

Be it enadcd, etc., as follows : 

Section 1. The accounts of all state institutions, Account* to be 



penal and charitable, and all other public institutions, for r^'tlo"n"of ti 
the support of which appropriations are made annually auditor 



dl- 
the 



654 



1887. — Chapters 88, 89. 



Auditor to pre- 
scribe form of 
aualytical, etc., 
accouQte. 



Accounts to be 
uuiturm. 



To be posted so 
that fuutinge 
will show fdCts 
to date. 



Expenditure of 
money to carry 
act into effect. 



by the legislature, shall be kept at such institution, under 
the direction of the auditor of the Commonwealth. 

Section 2. The auditor shall prescribe the number 
and form of all analytical or subsidiary accounts, which 
shall be made from the accounts of record kept at each 
institution, and such accounts shall also show the ex- 
penditures thereon, and the estimated cash value of the 
products of that department of the institution, whether 
sold or devoted to the use of the institution, and also as 
nearly as may be the value of the labor of the inmates 
entering into such production. 

Section 3. All accounts or records now required by 
law to be kept shall continue to be so kept, but the 
accounts of all said institutions shall be as nearly uniform 
as the character of the institutions will permit. 

Section 4. The accounts shall be posted so that the 
footings shall at any time show the condition and facts up 
to that date, excepting that no inventory shall be required, 
other than is now provided by law. 

Section 5. The auditor is hereby authorized to make 
such expenditure of money as may be necessary to carry 
out the provisions of this act. Approved March 16, 1887. 

Chap. 88 An Act to annex muskeget island and gravelly islands to 

NANTUCKET COUNTY. 

Be it enacted, etc., as follows: 

Section 1. AH that territory known as Muskeget 
island and Gravelly islands is hereby annexed to and 
made a part of the town and county of Nantucket. 

Section 2. The estates within the territory above 
described and the owners of such estates shall be holden 
to pay all taxes legally assessed thereon by the town of 
Edgartown, and all taxes heretofore assessed and not 
collected shall be collected and paid to the town of Ed- 
gartown, in the same manner as if this act had not been 
passed. Approved March 16, 1887. 

Ghap. 89 A^ -^^^^ HELATING to corporations ORGANIZED FOR THE PURPOSE 
OF LETTING VAULTS, SAFES AND OTUEU RECEPTACLES. 

Be it enacted, etc., asfolloivs: 

U)°be7torcd^r Section 1. When the amount due for the rent or use 
vaults if rent is of any box or safe in the vaults of any corporation t 
years. gauizcd uudcr the laws of this Commonwealth for • 

purpose of letting vaults, safes and other receptacles s 1 



Muskeget and 
Gravelly islands 
annexed to 
Nantucket. 

Assessment and 
collection of 
taxes. 



1887. — Chapter 89. 655 

not have been paid for two years, such corporation may 
cause to be mailed, postpaid, to the person in whose name 
such safe or box stands upon the books of such corpora- 
tion and at his address as stated on said books, a notice Notice to be 
in writing stating that if the amount then due for the use s'veniny,ntmg. 
or rent of such safe or box shall not be paid within sixty . 
days from the date of such notice such corporation will 
cause such safe or box to be opened in the presence of its 
president, treasurer or superintendent, and of a notary 
public, and the contents thereof, if any, to be sealed up 
in a package and placed in one of the storage vaults of 
such corporation. If upon the expiration of said sixty 
days from the date of such notice, such person shall have 
failed to pay the amount due for the use or rent of such 
safe or box in full up to the date of such notice, then all 
right of such person in such safe or box and of access 
thereto shall cease, and such corporation may in the pres- 
ence of its president, treasurer or superintendent and of 
a notar}^ public not an officer or in the general employ of 
sych corporation, cause such safe or box to be opened, 
and such notary public shall remove the contents thereof, ^g"^'^"',? i° ^® 
make a list of the same and shall seal up such contents in notary pubuc. 
a package and shall mark thereon the name of such person 
in whose name such safe or box stood on the books of 
such corporation and his address as stated on said books 
and such package shall in the presence of said notary 
public and of said president, treasurer or superintendent 
be placed in one of the storage vaults of such corpora- 
tion ; and the proceedings of such notary public including 
said list of the contents of said safe or box and his esti- 
mate of the total value of said contents shall be set forth 
by him in his own handwriting and under his official seal 
in a book to be kept by such corporation for the purpose. 
The officer of such corporation who sent said written 
notice shall in the same book state in writing his pro- 
ceedings relating thereto, setting forth a copy of said 
notice. Both said statements shall be sworn to by such statements to be 
notary public and officer respectively before a justice of ^^°'^° 
the peace, who shall make certificate thereof in said book ; 
and said written statements shall be pri7na facie evidence 
of the facts therein set forth in all proceedings at law and 
in equity wherein evidence of such facts would be com- 
petent. 



656 1887. — Chapters 90, 91. 

Rights of corpo- Section 2. Nothinsr contained in this act shall affect 

ration not im- ^ o 

paired. or impair any right relating to such safes, boxes or their 

contents which any such corporation would now or here- 
after have if this act had not been passed. 

Ax^proved March 18, 1887. 

OJlCin. 90 ^^ "^^'^ "^^ CHANGE THE NAME OF THE CENTRAL METHODIST 
EPISCOPAL CHURCH OF SPRINGFIELD, AND TO CONFIRM ACTS DONE 
BY SAID CHURCH. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The name of the Central Mcthodist Episco- 
pal Church of Springfield, a religious society incorporated 
under the general laws of the Commonwealth in the year 
eighteen hundred and sixty-nine, is changed to the Grace 
Methodist Episcopal Church of Springfield ; and all acts 
done by said society under any name other than the legal 
name of said society are hereby ratified and made valid 
to the same extent as though done under the legal name 
of said society. 

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

Approved March 18, 1887. 

ChdV. 91 ^^ ^^^ ^^ AUTHORIZE CERTAIN STREET RAILWAY COMPANIES IN 
NEW BEDFORD TO LEASE, PURCHASE OR SELL THE RIGHTS AND 
FRANCHISES OP, AND TO UNITE AND CONSOLIDATE WITH, EACH 
OTHER. 

Be it enacted, etc., as follows: 
street railway Section 1. Each of the strcct railway compauics HOW 

companies in . ..,./. 

New Bedford or hereafter authorized to run cars in or into the city of 
mayconsoi a e. -j^^^^ Bedford may lease or sell, and may purchase and 
hold the whole or any part 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 be necessary to 
carry into effect the provisions of this act, subject to all 
general laws applicable to such increase ; but such salee, 
leases, purchases and consolidations shall be only upon 
such terms and conditions as shall be approved by a 
majority in interest of the stockholders of each corpora- 
tion, at meetings called for that purpose, and by the 
board of railroad commissioners ; and the corporations so 
uniting, selling, purchasing or leasing shall in every in- 
stance constitute one corporation, under such corporate 



1887. — Chapter 91. 657 

name not in use by 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, hold, possess and enjoy all the powers, priv- 
ileges, rights, franchises, property and estates which at 
the time of such unions, sale, purchase or lease shall be 
had, held, possessed or enjoyed by the corporations so 
uniting, selling, purchasing or leasing, or either of them ; 
and shall be subject to all the duties, restrictions and 
liabilities to which they, or either of them, shall be sub- 
ject, and to all general laws then or thereafter in force 
relating to street railway companies. 

Section 2. Said consolidated company may, by a consolidated 
majority in interest of its stockholders at a meeting called L°8urbondTand 
for that purpose, issue coupon or registered bonds to an gag"e'^ffrL"hi8*e 
amount not exceeding two hundred and fiftv thousand and property, 
dollars, and to secure the payment thereof with interest 
thereon the said company may make a mortgage of its 
road and franchise and any part or all of its other prop- 
erty, and may include in such mortgage, property there- 
after to be acquired. Said company may in such mortgage 
reserve to its directors the right to sell or otherwise in 
due course of business dispose of property included in 
such mortgage which may become worn, damaged or 
otherwise unsuitable to be used in the operation of its 
road, provided that an equivalent in value be substituted 
in lieu thereof. 

Section 3. All bonds issued shall first be approved Bonds to be 

, . T 1 , • (• 1 approved and 

by some person appointed by the corporation tor that certified. 
purpose, who shall certify upon each l)ond that it is 
properly issued and recorded. 

Section 4. Upon the complaint in writing of not less complaints of 
than ten persons residing upon the route of such consoli- commndiltio'n'to 
dated corporation, that such corporation is not furnishing by thTcomm!^- 
to the public sufficient travelling accommodations, the sioners. 
board of raih'oad commissioners shall investigate such 
complaint, and may, after due notice and hearing, order 
such corporation to furnish such additional accommoda- 
tion as, in the opinion of said board, the public travel 
may require ; and said board may also, after due notice 
and hearing, revise and regulate the fares established by 
such consolidated corporation ; and all orders made by 
said board under this section may be enforced in the 



658 1887. — Chapters 92, 93. 



y 

manner provided in section sixty-three of chapter one 
hundred and thirteen of the Public Statutes. 
mnie8toVe°"' SECTION 5. This act shall take effect upon its passage, 
taken within but shall bccome void unless said street railway companies 
mentioned in section one of this act shall take advantag-e 
of the provisions of said section one within two years 
from the passage of this act. Approved March 18, 1887. 



GhcLT). 92 -^N Act to authorize the children's hospital in boston to 

HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foUoivs : 

Sfnii^e"tatlnot Section 1. The Children's Hospital in Boston, incor- 

4500000'^ porated by chapter forty-four of the acts of the year 

eighteen hundred and sixt^^-nine, is hereby authorized to 

hold real and personal estate to an amount not exceeding 

five hundred thousand dollars. 

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

Approved March 18, 1887. 

Chap. 93 ^'^ ^^'^ "^^ AUTHORIZE THE TOWN OF CONCORD TO ISSUE ADDI- 
TIONAL WATER BONDS. 

Be it enacted, etc., as foliates: 

addIt^o"afwX? Section 1. The town of Concord, for the purposes 
bonds. mentioned in section four of chapter one hundred and 

eighty-eight of the acts of the year eighteen hundred and 
seventy-two, may issue notes, bonds or scrip to be de- 
nominated on the face thereof Concord Water Loan, to an 
amount not exceeding twenty-five thousand dollars iu 
addition to the amounts heretofore authorized by law to 
be issued by said town for the same purposes ; said notes, 
bonds or scrip to l)e issued upon the same terms and con- 
ditions and with the same powers as are provided in said 
act for the issue of the Concord water loan by said town : 
provided, the whole amount of such notes, bonds and 
scrip issued by said town shall not exceed the amount of 
one hundred and fifty thousand dollars. 

Section 2. The town of Concord shall issue no 
bonds, notes or scrip under this act unless the issuing of 
the same is authorized by a majority vote of the voters of 
said town present and voting thereon at any legal town 
meeting called for the purpose. 

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

Apjjroved March 18, 1887. 



1887. — Chapters 94, 95. 659 

An Act regulating the sale of dressed poultry. Chaj). 94 

Be it enacted, etc., as follows: 

Section 1. No poultry, except it be alive, shall be sold fe^g^iateT^^^ 
or exposed for sale until it has been properly dressed, by 
the removal of the crop and entrails when containing 

food. 

Section 2. Whoever knowingly sells or exposes for Penalty, 
sale poultry contrary to the provisions of section one of 
this act shall be punished by a hne of not less than five 
nor more than fifty dollars for each oflence. The boards BoardBofheaith 

^ , , -. Ill 4-L *^ 866 lilSrt set 18 

of health in the several cities and towns shall cause the enforced. 
provisions of this act to be enforced in their respective 
cities and towns. 

Section 3. This act shall take effect upon its passage ; Repeal, 
chapter two hundred and thirty of the acts of the year 
eighteen hundred and eighty-three is hereby repealed. 

Approved March 18, 1887. 

An Act to amend an act to incorporate the hassanamisco (JJiap. 95 

WATER COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter two hundred and ^^^'te^'^^'"^ 
eleven of the acts of the year eighteen hundred and SiS! 
eighty-six is hereby amended by striking out the word 
" Hassanamisco " and inserting in its place the word : — 
Grafton, — so that the corporate name shall hereafter be 
The Grafton Water Company. 

Section 2. Section two of said chapter is hereby 
amended by striking out these words, viz. : — "The said 
coporation for the purposes aforesaid, may take by purchase 
or otherwise, and hold the water of George or Misco 
brook, so called, within the limits of the town of Grafton, 
and the water rights connected therewith," and inserting 
in their place these words, viz. : — The said corporation May purchase 
may take by purchase and not otherwise, and may hold GraftVn. 
and convey through the town of Grafton 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 Grafton. 

Section 3. Section six of said chapter is hereby capital stock 

. . T.i'.ij-ii^ii and Bhares. 

amended by striking out the word " thirty in the fourth 
line, and inserting in its place the word: — sixty-five, — 
so that it shall read : — and the whole capital stock of 



660 1887. — Chapters 96, 97. 

said corporation shall not exceed sixty-five thousand 

dollars, to be divided into shares of one hundred dollars 

each. 

b^on^di^etc not SECTION 4. Scctiou nine of said chapter is hereby 

exceeding amended by striking out the word " thirty" in the sixth 

$90 000. »/ o •/ 

line, and inserting in its place the word : — ninety, — so 
that it shall read : — 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 
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 ninety thousand dollars. 

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

Approved March 18, 1887. 

Chap. 96 ^^ ^^"^ RELATING TO THE TAKING OF SCALLOPS. 

Be it enacted., etc., as follows : 

hTll^elh'e-^ Section 1. Whoever at any time between the first 

tween April 1 day of April and the first day of October shall take 

scallops from any of the waters of the state by dredging, 

or by nets of any kind, or shall expose any scallops for 

sale within the state, or shall export the same, shall be 

punished by a fine not exceeding twenty dollars for each 

offence. 

I^MoV^to-^^ Section 2, The taking of seed scallops from any of 

hibited. the watci's of the state by dredging or by nets of any kind 

is hereby prohibited ; and whoever shall be convicted of 

taking such scallops for purposes of sale within the state, 

or shall export the same, shall be punished by a fine not 

exceeding twenty dollars for each offence ; but a person 

taking such scallop and returning it alive to the waters 

from which it was taken shall not be subject to such 

penalty. 

Repeal. Section 3. Scctiou four of chapter two hundred and 

twenty of the acts of the year eighteen hundred and 

eighty-five is hereby repealed. 

Approved March 18, 1887. 

ChaV. 97 "^^ ^^"^ '^^ ESTABLISH THE SALARY OF THE DISTRICT ATTORNEY 

FOR THE WESTERN DISTRICT. 

Be it enacted, etc., as follows : 

fithel^^^^^' Section 1. The salary of the district attorney for the 

western district, beginning with the first Wednesday of 



1887. — Chapter 98. 661 

January in the year eighteen hundred and eighty-seven, 
shall be twenty-one 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 March 18, 1887. 



Chap. 98 



An Act relating to wrecks and shipwrecked goods. 
Be it enacted, etc. , as follows : 

Section 1 . The sfovernor wdth the advice and consent commissionerB 

^ , , ., ^ . , . . ,. , T of wrecks, etc., 

01 the council may appomt commissioners or wrecks and to be appointed. 

shipwrecked goods for the Commonwealth, who shall be 

removable at the pleasure of the governor and council. 

No person shall receive a commission or exercise the 

oflfice of commissioner until he has given to the treasurer 

of the Commonwealth a bond, vf\\h. two sureties to be to give bond. 

approved by the governor and council, in the penal sum 

of three thousand dollars for the faithful performance of 

the duties of his office. Every person having a claim 

against such commissioner for a breach or neglect of his 

official duty may have a remedy therefor by a suit on his 

bond to be prosecuted in the name of the treasurer of the 

Commonwealth. 

Section 2. When a surety on the bond of such com- surety on bond 
missioner desires to be relieved from liability thereon he fvom^fabnltyr* 
shall give a written notice of such desire to such commis- 
sioner and to the governor and council. The notice to 
such commissioner shall be served by an officer authorized 
to- serve civil process who shall forward forthwith a certi- 
fied copy of the notice with his return thereon to the 
governor and council ; and at the end of thirty days from 
the time of such service the liability of such surety for 
the subsequent acts of such commissioner shall cease. 
On the receipt of such notice by the governor and council 
they shall require a new bond to be given by such com- 
missioner within said thirty days ; and a failure so to 
furnish such bond shall render his commission void. 

Section 3. Every commissioner on receiving infor- General powers 
mation of a shipwreck, or of the finding of shipwrecked ^""^ ^'^''"^*- 
goods or property of any kind on any of the shores or 
waters of the Commonwealth, or that have been brought 
thereto, shall, if the same are of the value of one hundred 
dollars or more, and may, if the same are of the value of 
less than one hundred dollars, immediately repair to the 
place where such property or goods are, and if the same 



662 1887. — Chapter 98. 

are not in the custody of an owner, agent or other such 
commissioner shall, if the same are of the value of one 
hundred dollars or more, and may, if the same are of the 
value of less than one hundred dollars, take charge there- 
of, and preserve and secure the same for the owner. 
S^X'^toaList Section 4. The commissioner in such case may em- 
in preserving ploy as many persons as he deems necessary to assist in 

property, may * +1-. i_ • 

appoint guards, prcservmg tne property, may appomt guards to secure 
*^- the same, and may suppress all tumults and disorders. 

Whoever disobeys a lawful order of the commissioner 
shall forfeit for every such offence a sum not exceeding 
ten dollars, to be recovered in an action of tort in the 
name of the commissioner, to the use of the city or town. 
tory^tpr°openy SECTION 5. The commissioucr shall on every such 
a^nd make oath occasion take an inventory of all the property that comes 
to his possession ; and when required by the owner thereof 
or his agent, or by an insurance company or underwriter 
or other person interested therein, shall make oath to the 
truth of such inventory, and deliver a copy thereof if 
required, together with all said property, to the OAvner, 
agent or other person lawfully authorized to receive it ; 
but there shall first be paid, or secured to be paid, to the 
Compensation, commissioucr a reasonable compensation for his services 
and expenses, and such custom house duties and other 
charges as he has paid or become liable to pay upon or 
for the property in question, 
nota^re^ed'upon, SECTION G. If the commissioucr and other party do 
deSne!'" ^^^ ^^^'^^ ^° ^^^ ^""^ SO due to the commissioner, the 
case may be submitted to arbitrators in the manner pro- 
vided in chapter one hundred and eighty-eight of the 
Public Statutes ; and all the proceedings therein shall be 
conducted as provided in that chapter, 
mined byl'n SECTION 7. If the parties do not agree to submit the 

Irtumorsl^i^ ^^^^ ^o arbitrators, it may be decided in an action at law, 
not appointed, to be commeuccd and prosecuted as the circumstances 
may require, unless the same is a matter within the exclu- 
sive jurisdiction of the courts of the United States. 
S^°;tyTfor°l Section 8. No owner or other person interested in 
^mmissioner. ^"^^ pi'operty shall be held to pay to any person, other 
than one of said commissioners, any charge for services 
or expenses in taking or securing the same, unless for 
property taken or secured before the arrival of a com- 
missioner ; in which case the commissioner shall, upon 
hearing all parties interested, determine the compensation 



1887. — Chapter 98. 663 

to be received as aforesaid, and from his award in writing 
there shall be no appeal, unless the whole sum so 
demanded exceeds fifty dollars, in which case an appeal 
shall lie to the superior court by either party aggrieved 
by the doings of the commissioner ; and the court shall in 
a summary manner hear and determine the case, and may 
issue all processes necessary or proper to carry into effect 
its decrees and orders therein. 

Section 9. Whoever, after the arrival of the com- Penalty on per- 

' . eon taking, etc., 

missioner, takes, detains or intermeddles with any prop- property, after 

erty shipwrecked or found as aforesaid, except under the comniissioner. 

directions of the commissioner, or of the owner, agent or 

other person interested, shall forfeit a sum not exceeding 

one thousand dollars for each offence, to be recovered in 

an action of tort by the commissioner, owner, agent or 

other person interested, to his own use. 

Section 10. The commissioner, as soon as may be f„°pj^|?,^h°par. 
after his arrival at the place where any wreck or goods ticuurB of ship- 

r T 111 1T11 i'l i'ii 1* I ■wreck and 

are found, shall publish the particulars ot the shipwreck goods. 
and goods, with such other material facts as he ascertains, 
in order that knowledge thereof may be given as soon as 
possible to the owner, agent or persons interested ; and 
if he neglects so to do, he shall forfeit fifty dollars, to be 
recovered in an action of tort by the owner, agent or 
other person interested, to his own use. 

Section 11. He may, within thirty days after taking Mayseiisuffi- 
the same into his custody, dispose of so much of the prop- to pay duties. 
erty by public auction as shall be sufficient to pay all 
duties which he has paid thereon or for which he has 
become liable to the custom house. 

Section 12. When such property is of a perishable May sen perish- 
nature, or is damaged, or liable to be much reduced in pubiic3e!^* 
value by keeping, or cannot be kept without great and 
disproportionate expense, and no owner or agent appears, 
it may be sold at public sale at the discretion of the com- 
missioner in charge thereof. In all other cases such prop- Property to be 
erty or goods shall, if no owner, agent or other person ytarjf no"per. 
interested therein appears to claim the same, be retained chUm.''*^^^ 
for the period of one year, when, if no such owner, agent 
or other person interested therein appears to claim the 
same, it shall be sold at public auction to the best advan- 
tage, after notice duly advertised in some public news- 
paper pul)lished within the county where the property is : 
provided, however, that so much of any of such property Proviso. 



664 



1887. — Chapter 98. 



If ownership is 
not established, 
net proceeds to 
he paid into 
state treasury. 



Compensation of 
commissioner. 



Suit to he com- 
menced, if com- 
missioner fails 
to account ■with 
the treasurer. 



Repeal of P. 8. 
9 7. 
1885, 341. 



Persons now 
holding commis- 
sions to continue 
in office. 



or goods as is necessary to raise the amount of the 
expenses incurred thereon may be sold at public auction, 
after notice as aforesaid, at the expiration of three 
months. 

Section 13. Every commissioner who sells property 
or goods under the preceding section, if no owner, agent 
or other person interested therein establishes his claim 
thereto, shall within sixty days after such sale render to 
the treasurer of the Commonwealth a sworn detailed state- 
ment of the sales, with an account of all moneys paid by 
him for duties and the expenses incurred thereon ; and 
shall pay to the treasurer the balance of such account, for 
the use of the Commonwealth. 

Section 14. The treasurer may make the commis- 
sioner such compensation for services and expenses as 
shall be just ; to be ascertained in case of disagreement 
between them, in the manner before provided for the 
adjustment of the like question between the commissioner 
and the owner of the property. 

Section 15. If a commissioner for the space of sixty 
days after the expiration of the time hereinbefore limited 
for his accounting with the treasurer neglects to present 
the account provided for by section thirteen, and to pay 
and deliver the balance due thereon, the treasurer shall 
cause a suit to be commenced therefor for the use of the 
Commonwealth, and shall prosecute the same to final 
judgment and execution. 

Section 16. Chapter ninety-seven of the Public 
Statutes and chapter three hundred and forty-one of the 
acts of the year eighteen hundred and eighty-five are 
hereby repealed. 

Section 17. All persons now holding commissions as 
commissioners of wrecks and shipwrecked goods shall 
continue to hold such commissions, notwithstanding the 
repeal of the heretofore existing laws as herein provided, 
and such commissioners shall be commissioners for the 
Commonwealth, and shall have all the powers and author- 
ity given by this act to commissioners appointed here- 
under. 

Section 18. This act shall take effect upon its passage. 

Approved March 21, 1887. 



1887. — Chapter 99. 665 



An Act to authorize the town of brookline to provide (JJidjj^ 99 
FOR surface drainage and to improve the brooks and 

NATURAL streams WITHIN THE LIMITS OF SAID TOWN. 

Be it enacted, etc., as follows : 

Section 1. The selectmen of the town of Brookline, selectmen may 
for the purpose of surface drainage, may, within the etc., for purpose 
limits of said town, improve the brooks and natural age"*^ *^^ 
streams flowing in or through said town, by widening the 
same, removing obstructions in or over the same, divert- 
ing the water, altering the courses or deepening the 
channels thereof; and the more effectually to make said 
improvements may take land, in fee simple or otherwise, 
not exceeding four rods in width, on either side of the 
present channels of any such brook or natural stream, or 
for new channels into which said waters or any surface 
waters may be diverted, within the limits of said town. 

Section 2. When land is taken by virtue of the preced- ?;k"en a°^n lay. 
lug section, the proceedinofs shall be the same as in the ing out high. 

~. ' , J- D ways. 

laymg out ot townways. 

Sections. Damages occasioned by the making of ^^'""ses. 
said improvements shall be ascertained and recovered as 
in the laying out of townways. 

Section 4. At any time within two years after any Assessment oj 
brook or natural stream in said town is improved, in any 
of the ways mentioned in the first section of this act, 
under an order declaring^ the same to be done under the 
provisions of law authorizing the assessment of better- 
ments, if, in the opinion of the board of officers of said 
town authorized to lay out ways therein, any real estate 
in said town, including that, if any, a part of which is 
taken therefor, receives any benefit or advantage there- 
from beyond the general advantages to all real estate in 
said town, such board may determine the value of said 
benefit and advantage to such real estate, and may assess 
upon the same a proportional share of the expense of 
making such improvement ; but no such assessment shall 
exceed one-half of such adjudged benefit and advantage, 
nor shall the same be made until the work of making such 
improvement is completed ; and all laws now or hereafter 
in force in relation to the assessment and collection of 
betterments in the case of the laying out, altering, widening, 
grading or discontinuing of townways shall, so far as the 
same are applicable and not inconsistent with the pro- 



666 



1887. — Chapter 100. 



visions of this act, apply to the doings of said town and 
its officers under this act ; and all persons upon whose 
estates betterments shall be assessed under the provisions 
of this act, who are aggrieved thereby, shall have the same 
remedies as are now or may hereafter be provided by law 
for the cases of persons aggrieved by the assessment or 
levy of betterments in the laying out of townways. 
^ecfmiur^"" Section 5. This act shall take effect upon its passage 
accepted by the §0 far as to allovv Said town to vote upon the acceptance 
thereof, but shall not take full effect until it shall have 
been accepted at a legal town meeting held in said town. 

Appro ced March 21, 1887. 



town. 



Chaj), 



May issue 
shares of pre- 
ferred stock. 



Payment for 
sbarei. 



Common stock 
capital to be 
reduced. 



100 ^^ ^^"^ "^O AUTHORIZE THE AMES MANUFACTURING COMPANY TO 
ISSUE PREFERRED STOCK, AND TO CHANGE THE PAR VALUE OF 
ITS SHARES. 

jBe it enacted, etc., as follows: 

Section 1. For the purpose of paying its bonded 
debt and of providing a cash working capital, the Ames 
Manufacturing Company, incorporated by chapter thirty- 
one of the acts of the year eighteen hundred and thirty- 
four, is authorized to issue not to exceed twenty-five 
hundred shares of the par value of one hundred dollars 
each, of preferred stock, upon which dividends from 
actual net profits only shall be made of not to exceed six 
per centum per annum payable semi-annually ; and all 
further net profits in each year shall go to the common 
stockholders. 

Section 2. No share of said preferred stock shall be 
issued for less than the par value of one hundred dollars, 
but payment for such shares may be made in bonds of said 
company now outstanding, at par, or in cash ; and such 
stock shall be issued only for the purpose of paying debts 
of said corporation, and of providing an adequate work- 
ing capital therefor, and the time and manner of issuing 
such stock shall be determined by the directors of said 
corporation. 

Section 3. Before issuing such preferred stock said 
corporation shall reduce its common stock capital, by 
calling in and cancelling common stock to the like amount 
of two hundred and fifty thousand dollars, which reduc- 
tion of its common stock capital is hereby authorized, and 
upon such reduction all proceedings in said company's 
acceptance of chapter one hundred and twenty-eight of 



1887. — Chapter 101. 667 

i 

the acts of the year eighteen hundred and eighty-two, 
and for the increase of its capital under said act, shall be 
deemed valid : provided, that nothing herein contained pi'ov'so- 
sliall affect the claim or remedy of any present creditor 
of said company, or of any who may become its creditors 
before such reduction of stock is made. 

Section 4. Said company may change the par value May change par 
of its shares remainino^ after such reduction, from five ^"'"^^ shares. 
hundred dollars to one hundred dollars, issuing to each 
stockholder five shares of one hundred dollars each for each 
share of the par value of five hundred dollars remaining 
after the reduction herein provided for of said company's 
capital stock ; and each holder of the common stock after 
such reduction and change of par value shall be entitled 
to subscribe for and take at its par value one share of 
preferred stock for each share of common stock then held 
by him. 

Section 5. In case of the winding up of the affairs of Division of 

. T .. .. . . . '^ ,V , assets, in case of 

said corporation, its assets remaining atter the payment winding up of 
of its other liabilities shall be divided pro rata to the * 
holders of the preferred stock to an amount not exceed- 
ing the par vahie of the shares ; and the surplus of said 
assets shall be divided pro rata among the other stock- 
holders. 

Section 6. This act shall not take effect until the subject to ac 
same shall have l)een accepted by a vote representing at three-founhs 
least three-fourths of all the stock of said corporation, at a ^°'®" 
stockholders' meeting duly called for that purpose ; or 
without such vote, until the written assent thereto of the 
holders of not less than three-fourths of all the stock shall 
have been obtained. Approved March 21, 1887. 



ChajJ.lOl 



An Act in relation to the issue of bonds for the erection 
of the court house for the county of suffolk and the 

expenditure of THE PROCEEDS THEREOF. 

Be it enacted, etc., as follows : 

Section 1. Upon the request of the commissioners ap- citytoiBsue 
pointed by the mayor of the city of Boston in relation to cee"(f $2,5oo,ooT 
the erection of a court house for the county of Suffolk, it 
shall l)e the duty of said city from time to time to issue 
and negotiate the bonds or certificates of indel)teduess 
described in section five of chapter three hundred and 
seventy-seven of the acts of the year eighteen hundred 
and eighty-five to an amount not exceeding two and one- 



668 1887. — Chapters 102, 103. 

half millions of dollars in addition to the cost of the land. 
The commissioners may in their discretion expend the 
amount of the proceeds of said bonds for the purchase of 
land already taken but not paid for, and for the erection 
and furnishing of said court house, but they shall not 
expend or contract to expend more than said amount, 
unless such excess of expenditure shall first have been 
authorized by the city council of Boston. 
Not to be reck- SECTION 2. Neither the indebtedness incurred under 

oned within the , . , -, - . 

limit of indebt- this act uor the expenditures and taxation necessary to 
meet the interest on and the principal of said indebted- 
ness shall be reckoned or included in determining: the 
authorized limit of indebtedness or rate of taxation of the 
city of Boston under the provisions of chapter one hun- 
dred and seventy-eight of the acts of the year eighteen 
hundred and eighty-five. 

Section '6. This act shall take efiect upon its passage. 

Approved March 21, 1887. 

Chcill.\01 ^^ -^^^ "^^ AMEND THE ACT INCORPORATING THE PROPRIETORS OF 
BOSTON PIER OR THE LONG WHARF AND THE ACT AMENDATORY 
THEREOF. 

Be it enacted, etc., as folloios: 

Ks^byTiT T^^ Proprietors of Boston Pier or the Long Wharf 
the number to may, at auy meeting called for the purpose and properly 
quorum. notiHcd, at which the number of proprietors required by 

the existing charter are present in person or by proxy, 
determine by its l)y-la\vs what number of stockholders 
shall thereafter attend at any meeting, either in person or 
by proxy, or what number of shares or amount of interest 
shall be represented at any meeting, to constitute a quorum 
for the transaction of business. 

Approved March 21, 1887. 

(JhCiV 103 ^^ ^^^ ^^ SECURE PROPER SANITARY PROVISIONS IN FACTORIES 

AND WORKSHOPS. 

Be it enacted, etc., as follows : 
Factories and SECTION 1. Evciy pcrsou employing five or more 

■worljshops to • n , 1 • 1 •! 1 

be kept in a pcrsous lu a tactoiy, or employing children, young persons 

«ieaniy Btate. or womcn fivc or more in number in a workshop, shall 

keep such factory or workshop in a cleanly state and free 

from effluvia arising from any drain, privy or other 

nuisance. 



1887. — Chapter 103. 669 

Section 2. Every person employing five or more sufficient num- 
persons in a factory, or employing children, young per- crJfleuTobr 
sons or women five or more in number in a workshop, P'o^'ded. 
shall provide, within reasonable access, a suflicient number 
of proper water-closets, earth-closets or privies for the 
reasonable use of all persons so employed ; and wherever 
male and female persons are employed in the same factory 
or workshop, a suflicient number of separate and distinct 
water-closets, earth-closets or privies shall be provided 
for the use of each sex and shall be plainly designated, 
and no person shall be allowed to use any such closet or 
privy assigned to persons of the other sex. 

Section 3. When it appears to an inspector of facto- inspector of fae- 
ries that any act, neglect or default in relation to any the boa°rd of '^'' 
drain, water-closet, earth-closet, privy, ash-pit, w\ater ned'ect°OTde- 
supply, nuisance or other matter in a factory or in a f»"i'- 
workshop included under section one of this act, is pun- 
ishable or remediable under chapter eighty of the Public 
Statutes, or under any law of the Commonwealth relating 
to the preservation of the public health, but not under 
this act, such inspector shall give notice in writing of 
such act, neglect or default to the board of health of the 
city or town within which such factory or workshop is 
situate, and it shall thereupon be the duty of such board 
of health to make enquiry into the sul)ject of the notice, 
and to take such action thereon in the way of enforcing 
any provision of law within its authority as the facts may 
call for. 

Section 4. Any person violating any provision of p^°»'"«»* 
sections one and two of this act shall be punished by fine 
not exceeding one hundred dollars; but no criminal ^o*'ce to be 
prosecution shall be made for such violation until four in default. 
weeks after notice in writing b}^ an inspector of factories 
of the changes necessary to be made to comply with the 
provisions of said sections has been sent by mail or de- 
livered to such person, nor then if in the meantime such 
changes have been made in accordance with such notifica- 
tion. A notice shall be deemed a sufficient notice under 
this section to all the members of a firm or to a corpora- 
tion, when given to one member of such firm, or to the 
clerk, cashier, secretary, agent or any other officer having 
charge of the business of such corporation or to its 
attorney : and in the case of a foreign corporation notice 
to the officer having the charge of such factory or work- 



1 



670 1887. — Chapter 103. 

shop shall be sufficiejit ; and such officer shall be per- 
sonally liable for the amount of any fine in case a judg- 
ment against the corporation is returned unsatisfied. 
IgYJ'essions Section 5, The following expressions used in this act J 

shall have the followino; meaninos : — " 

The expression " person" means any individual, corpo- 
ration, partnership, company or association. 

The expression " child " means a person under the age 
of fourteen years. 

The expression " young person " means a person of the 
age of fourteen years and under the age of eighteen 
years. 

The expression ' ' woman " means a woman of eighteen 
years of age and upwards. 

The expression " factory " means any premises where 
steam, water or other mechanical power is used in aid of 
any manufiicturing process there carried on. 

The expression " workshop " means any premises, room 
or place, not being a factory as above defined, wherein 
any manual labor is exercised by way of trade or for pur- 
poses of gain in or incidental to any process of making, 
altering, repairing, ornamenting, finishing or adapting for 
sale any article or part of an article, and to which or over 
which premises, room or place the employer of the per- 
sons working therein has the right of access or control 
provided, Jtoioever, that the exercise of such manual labor 
in a private house or private room by the family dwelling 
therein, or by any of them, or in case a majority of the 
persons therein employed are members of such family, 
shall not of itself constitute such house or room a work- 
shop within this definition. 

The aforesaid expressions shall have the meaning* 
above defined for them respectively in all laws of this 
Commonwealth relating to the employment of labor, 
whether heretofore or hereafter enacted, unless a difiereut 
meaning is plainly required by the context. 

Section 6. This act shall take efiect upon its passage^ 

Ajiproved March 24, 1887. 



{ 



r 



1887. — Chapter 104. 671 



An Act to authorize the dedham water company and the (7Aar).104 

JAMAICA POND AQUEDUCT CORPORATION TO CONSOLIDATE OR TO 
SELL WATER TO EACH OTHER. 

Be it enacted, etc., as follows: 

Section 1. The Dedham Water Company and the The Dedham 
Jamaica Pond Aqueduct Corporation, at meetings of their and TL Jamaica 
respective corporations called for the purpose, may, corporation'^"*"^ 
within two years from the passage of this act, by vote of J^"L"of union^"^ 
a majority in number and in interest of the stockholders water com- 

. . . pany. 

of each of said corporations who may be present and 
voting at said meetings respectively, agree to unite and 
consolidate the said corporations under the name of Union 
Water Company, upon such terms as may be mutually 
satisfactory, and such votes so passed by said corpora- 
tions shall be effectual to unite and consolidate said cor- 
porations, and thereafter all the franchises and property, 
rights, easements, privileges and powers granted to or 
held by said Dedham Water Company or said Jamaica 
Pond Aqueduct Corporation shall be held and enjoyed by 
said Union Water Company in as full and ample a manner 
as if the}'' had been at first granted directly to said last 
named corporation, and said Union Water Company shall 
thereafter be subject to all the duties, obligations, liabili- 
ties and restrictions to which either of said component 
corporations may have been subject in severalty at the 
time of union, and all proceedings, suits at law or in 
equity which may be pending, to which either component 
corporation shall be a party may be prosecuted or de- 
fended by the Union Water Company in like manner and 
with the same effect as if such union had not been made. 
All claims, contracts, rights and causes of action of or 
against either component corporation at law or in equity, 
may be enforced by suit or action to be begun and prose- 
cuted by or against the corporation formed as aforesaid 
under the name of the Union Water Company. And said 
component corporations shall continue corfjorations for 
the purpose of prosecuting or defending any suit or pro- 
ceeding at law or in equity, or otherwise, now pending. 
After the passage of said votes, said Union AVater Com- 
pany shall h;ive the right to use, for any of its cu-tomers, 
water from the sources from which said component corpo- 
rations are now authorized to take water, but not to an 



672 



1887. — Chapter 104. 



Meeting for 
organization. 



Union Water 
Company may 
issue new stock, 
if union is made. 



May issue 
bonds. 

Dedham Water 
Company may 
sell water to the 
Aqueduct Cor- 
poration. 



extent beyond the limits of the charters of said component 
corporations respectively. 

Section 2. The first meeting of the Union Water Com- 
pany, for organization, shall be called by the presidents 
of the component corporations or either of them, and 
seven days' notice of such meeting shall be given by pub- 
lication in one newspaper in the city of Boston and in one 
newspaper in the town of Dedham ; and at the meeting 
persons holding stock in either of the component corpora- 
tions shall be entitled to vote upon such terras as have 
been previously agreed upon between such corporations. 
After the organization of said Union Water Company 
each of the component corporations shall continue for the 
purpose of perfecting said union, and doing all such acts 
and things, if any, as may be necessary therefor, and 
shall execute all such transfers, assignments and convey- 
ances as the Union Water Company may deem necessary 
or expedient to vest in itself any property, estates, con- 
tracts, rights or claims, if any there be, which do not 
vest in it by virtue or authority of this act. 

Section 3. In case said union is made, the Union 
Water Company may issue new stock in lieu of the cap- 
ital stocks of its component corporations, but its whole 
capital stock shall not exceed the authorized capitals ot 
said component corporations ; said new stock may be 
issued to stockholders of the component corporations 
upon such terms as may be mutually approved, and in 
order to equalize fractions of shares the Union Water 
Company may, if it elects, buy shares or fractions of 
shares from, or sell the same to, said stockholders upon 
such terms as the parties may approve, at not less than 
par. Said Union Water Company may at any time issue 
bonds to an amount not exceeding its capital stock. 

Section 4. The Dedham Water Company may at any 
time sell to the Jamaica Pond Aqueduct Corporation, 
from the water which said Dedham Water Company is 
authorized to use, a supply of water for distribution by 
said Jamaica Pond .Aqueduct Corporation to its customers. 

Section 5. Nothing in this act contained shall affect 
or limit the rights of the town of Dedham, under chapter 
one hundred and thirty-eight of the acts of the year eight- 
een hundred and seventy-six, as amended by chapter 
twelve of the acts of the year eighteen hundred and 
eighty-two, to purchase the franchises and property of the 



1887. — Chapters 105, 100. 673 

Dedham Water Company from it, or from the Union 
Water Company, but if said town of Dedham shall so 
purchase said franchises and property, it shall thereafter 
have the right to sell to the Jamaica Pond Aqueduct Cor- 
poration, or to the Union Water Company, from the 
water which it shall be authorized to use, a supply of 
water for distribution by said Jamaica Pond Aqueduct 
Corporation or said Union Water Company to its custom- 
ers. This act shall give no right to any party to discharge 
water into Jamaica Pond. 

Section 6. This act shall take eflect on the first day To take effect 
of June in the year eighteen hundred and eighty-seven. Ju°ei, isst. 

Approved March 24, 1887. 



Chap.105 



An Act to protect the fisheries in the tributaries of plum 

island bay. 

Be it enacted, etc., as follows: 

Section 1. No seine or net of any kind having a size of mesh 
mesh of less than two and one-half inches shall be used '■^^"'"'®<^- 
in the waters of the tributaries of Plum island bay. 

Section 2. The catching of smelts in the waters smeits not to be 
mentioned in section one between the fourteenth day of Fe^niary u and 
February and the first day of June is hereby prohibited, J^'^^'i- 
and whoever sells or oifers or exposes for sale or has in 
his possession a smelt so taken in these waters within 
said season shall be subject to the same penalties as are 
provided in section fifty-seven of chapter ninety-one of 
the Public Statutes. 

Section 3. Whoever violates the provisions of sec- penalty. 
tion one of this act shall be subject to a fine of not less 
than five dollars or more than twenty dollars for each 
ofience. 

Section 4 One-half of the penalty collected under one-haifto 
this act shall be paid to the person or persons making the rCremalndeVto 
complaint and the remainder to the Commonwealth. CommoDweaith, 

Approved March 24, 1887. 

An Act to authorize the town of whitman to take by pur- f>r -\ a£? 
chase a certain lot of land adjoining its public park ■'■ ' 

for the purpose of enlarging said park. 

Be it enacted, etc., as folloios: 

Section 1. The town of Whitman may at any time May purchase 
within one year from the passage of this act take by pur- in"'it8°prrk*'^^' 
chase for the purpose of enlarging its public park, known 



674 



1887. — Chapters 107, 108. 



Description of 
land. 



May raise 
money for the 
purpose. 



as Whitman park, all or any part of the land in said town 
adjoinin^r said park and bounded as follows : — Beginning 
at the southeast corner of the premises on Whitman avenue 
and at the southwest corner of land of Edward Y. Perry ; 
thence north seven degrees east about two hundred and 
one- half feet by said land of said Perry to said Whitman 
park ; thence by said park south eighty-four degrees forty 
minutes west five hundred and fifty-three feet to said 
park ; thence by said park south forty degrees thirty min- ' 
utes east one hundred leet to said Whitman avenue; 
thence by said Whitman avenue north eighty-four degrees 
forty-five minutes east one hundred and fifty feet ; thence 
by said avenue south eighty-seven degrees fifteen minutes 
east three hundred and seventy-six feet to the first-named 
bound. 

Section 2. Said town may raise and expend such a 
sum of money as may be necessary for the purchase of 
said addition to said park, subject to the law limiting 
municipal indel)tedness. 

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

Approved March 24, 1887. 

Chap,\07 -^N Act to change the name of the saint john baptist associa 

TION OF HOLYOKE. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The name of "The Saint John Bap- 
tist Association of Holj^oke", a corporation estal)lished 
under the laws of the Commonwealth, is hereby changed 
to La Societe Saint Jean-Baptiste de la Ville de Holyoke. 
Section 2. This act shall take effect upon its passage. 

Approved March 24, 1887. 

Chan 108 ^^ ^^^ '^^ change the name of THE GRACE METHODIST EPISCO- 
PAL FREE CHURCH OF WORCESTER. 

Be it enacted, etc. , as follows : 
Name changed. SECTION 1. The Gracc Mcthodist Episcopal Free 
Church of Worcester, a religious society organized under 
the general laws of the Commonwealth, shall hereafter 
be known and called The Grace Methodist Episcopal Church 
of Worcester. 

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

Approved March 24, 1887. 



1887. — Chapters 109, 110. 675 



An Act to change the name of the first society of the new njiayj 1 09 

JERUSALEM CHURCH IN THE TOWN OF NORTH BRIDQEWATEK AND 
TO AUTHORIZE THE SAME TO HOLD ADDITIONAL REAL ESTATE. 

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

Section 1. The name of the First Society of the New Name changed. 
Jerusalem Church in the town of North Bridgewater, a 
religious society incorporated by chapter eighty-six of the 
acts of the year eighteen hundred and thirty-two, is here- 
by changed to The Brockton Society of the New Jeru- 
salem Church. 

Section 2. Said society is hereby authorized to hold ^^miTstatlnot 
real and personal property to an amount which, with the i^looo^^ 
amount it is already authorized to hold, shall not exceed 
seventy-live thousand dollars : provided, that no portion 
of said property leased for business purposes shall be ex- 
empt from taxation. 

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

Approved March 24, 1887. 

An Act in relation to the accounts of collectors of (JJiav.WO 

TAXES. 

Be it enacted, etc., asfolloios: 

Section 1. Every collector of taxes shall keep proper to keep proper 
books of account, including a cash book in which he count." 
shall enter as they are received all sums paid to such 
collector. 

Section 2. Such cash book shall show against the cash book to 
name of every person or corporation paying any money nam^ of every 
to such collector the total amount so received from such \ol^\lmount 
person or corporation, specifying in relation to such re- paid,. specifying 

*■ , , '■ ' 1 ./ o certain particu- 

ceipts the following particulars so far as the same may lars. 
be respectively applicable: — (1) Poll tax: (2) Tax 
assessed on personal property : (3) Tax assessed on 
real estate : (4) Discount allowed : (5) Interest on such 
taxes: (6) Abatements: and shall also show the date 
and amount of every payment and disbursement made by 
such collector and to whom paid, together with such other 
matters as any city or town may require. 

Section 3. All books kept by any collector of taxes Books to be 
by virtue of this act or of any other provision of law shall nauon^by^"™'' 
be furnished at the expense and be the property of the oaceri?^*^ 
city or town in which such collector holds office, and shall 



676 



1887. — Chapters 111, 112, 113. 



Warrant, etc., 
to be returned 
within the time 
ordered by 
assessors. 



at all reasonable times be open to examination by the 
auditor or auditors of such city or town or any other 
officers or agents authorized by such city or town to make 
examination thereof. 

Section 4. Every collector of taxes shall make return 
of his warrant with his tax list and of his doings thereon 
within such time as the assessors shall order in said war- 
rant. Approved March 24, 1887. 

ChClV.Wli ^^ ^^^ '^^ REPEAL CHAPTER TWO HUNDRED AND EIGHTY-TWO OF 
THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY-FOUR 
RELATING TO THE PROTECTION OF GAME IN THE PONDS KNOWN AS 
COCKEAST OR DAVOL'S POND AND RICHMOND'S POND. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighty-two of 
the acts of the year eighteen hundred and eighty-four 
entitled " An Act for the protection of game in the ponds 
known as Cockeast or Davol's pond and Richmond's pond 
situated between the Westport river and the Rhode Island 
boundary line," is hereby repealed. 

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

Apirroved March 24, 1887. 



Repeal of 1884, 
282. 



(JJiaV.lA.2l ^^ ^^'^ "^^ ESTABLISH THE SALARY OF THE CLERK OF COURTS FOR 

THE COUNTY OF DUKES COUNTY. 



Salary estab- 
lished. 



Repeal. 



Be it enacted, etc., as folloios : 

Section 1. The clerk of courts for the county of 
Dukes county shall hereafter receive an annual salary of 
six hundred dollars. 

Section 2. All existing provisions of law in reference 
to the salary of said clerk and his right to fees received 
by him are hereby repealed. 

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

Approved March 24, 1887. 



ChdV.W.^ ^^ ^^^ "^^ AUTHORIZE SAVINGS BANKS AND INSTITUTIONS FOR SAV- 
INGS TO INVEST IN THE BONDS AND NOTES OF THE FITCHBURC 
RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Savings banks and institutions for savings 
may invest in the bonds and notes of the Fitchburg Rail- 
road Company issued according to law. 

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

Approved March 24, 1887. 



May invest in 
bonds, etc., of 
the Fitchburg 
Railroad Com- 
pany. 



1887. — Chapters 114, 115. 677 



An Act relating to the water supply of the city of new (JJinj) 1 14 

BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. In taking and using the waters of Little Limit of liability 
Qnittacus pond, as provided for in chapter one hundred °'' '^*'"^s®*- 
and tort}" of the acts of the year eighteen hundred and 
seventy-eight, the city of New Bedford shall not be liable 
to pay any other damages than the state itself would be 
legally liable to pay. 

Section 2. Said waters may be directed by said city water may be 

• J •. i. • • • J.1 J. c k ^ ^ ' directed to stor- 

into its storing reservoir in the town oi Acushnet, or in ing reservoir in 
the conduit therefrom or to both of the same as it may be ^c"8^°«t- 
deemed from time to time desirable ; and said city shall 
have poAver to take and hold by purchase or otherwise 
lands, and to build and maintain conduits to such ends, and 
also such lands on each side of such conduits as may be 
deemed necessary or prudent, not exceeding two and one- 
half rods on either side, and may from time to time take 
and hold, by purchase or otherwise, such land or lands 
around the margin of said pond, not exceeding five rods 
in width, as may be deemed necessary for the preserva- 
tion, control and purity of the waters thereof; and the 
method of condemning lands shall be as provided in said 
chapter one hundred and forty of the acts of the year 
eighteen hundred and seventy-eight. 

Section 3. Any provisions of law so far as they are Repeal, 
inconsistent herewith are hereby repealed. 

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

Approved March 24, 1887. 

An Act to change the name of the lynn knights of labor (JJi(ir),W5 
co-operative boot and shoe company. 

Be it enacted, etc., as follows : 

Section 1. The name of the Lynn Knights of Labor Name changed. 
Co-operative Boot and Shoe Company, a corporation or- 
ganized under the general laws of the Commonwealth, is 
hereby changed to the Globe Co-operative Shoe Com- 
pany. 

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

Approved March 24, 1887. 



678 1887. — Chapters 116, 117, 118. 



Ch<XT).VlQ ^^ ^^^ "^^ *^^ ^^^ COMPENSATION OF THE DOORKEEPERS, AS- 
SISTANT DOORKEEPERS, POSTMASTER, MESSENGERS AND PAGES OP 
THE SENATE AND HOUSE OF REPRESENTATIVES. 

Be it enacted, etc., as JoUows : 

doorkeep°er8. SECTION 1. The doorkeepers of the senate and house 

of representatives shall each receive a salary of fourteen 
hundred dollars a vear. 

of'mee^en^Ms SECTION 2. Each messeuger of the senate and house 

etc. ' shall receive the sum of seven hundred and fifty dollars 

in fall for all services required of them at the regular 
annual session of the legislature, and the assistant door- 
keepers and postmaster shall receive the same compensa- 
tion as the messengers, and one .hundred dollars each in 
addition for the regular annual session of the legislature. 

Compensation Section 3, The Compensation of the pages of the 
senate and house shall be three-fifths of the amount 
allowed the messengers for the regular annual session. 

2m-flm^annuaf SECTION 4. This act shall apply to the current annual 

aesBion. scssion and shall take efiect upon its passage. 

Repeal. SECTION 5. All acts and parts of acts inconsistent here- 

with are hereby repealed. Approved March 24, 1887. 

QjJiajy.Wl ^^ ^^"^ "^^ ESTABLISH THE SALARY OF THE CLERK OF THE POLICE 

COURT OF CHELSEA. 

Be it enacted, etc., as follows: 
sa^ar^y estab- SECTION 1. The clcrk of the police court of Chelsea 

shall receive from the* county of Suifolk an annual salary 
of one thousand dollars from and after the first day of 
January in the year eighteen hundred and eighty-seven. 
Section 2. This act shall take efiect upon its passage. 

Approved March 23, 1887. 

CllCl7).W.S ^^ -^^^ RELATIVE TO FURNISHING TO CITIES AND TOWNS THE 

INDEX-DIGEST OF MASSACHUSETTS REPORTS. 

Be it enacted, etc., as follows : 
index-digestto Section 1. The sccretarv of the Commonwealth shall 

be furnished to ... . i»i/^-i ii i 

cities and towns, tumish to cvcry City and town in the Commonwealth and 
to every town hereafter incorporated, one copy of the 
index-digest to the reports of cases decided by the su- 
preme judicial court : provided, that the expense of the 
same shall not exceed five dollars per copy. 

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

Approved March 25, 1887. 



1887. — Chapters 119, 120, 121. 679 



An Act to protect the oyster fishery in westport rivers. (JJiap.WQ 
Be it enacted, etc., as follows: 

Section 1. Whoever takes any oysters from the oyetersnotto 

, . .'^ «^ . be taken previ- 

natural oyster beds in Westport rivers, in the town or ous to septem- 
Westport", at any time previous to the lirst day of Sep- ^^ ' 
tember in the year eighteen hundred and eighty-seven, 
shall forfeit five dollars for each bushel and fraction of a 
bushel so taken. 

Section 2. The inhabitants of the town of Westport, j^^^j^J^^^^" 
at a legal meeting called for the purpose, may make regu- oysters. 
lations concerning the taking of oysters in said rivers 
after said first day of September ; and whoever takes any 
oysters from said rivers contrary to such regulations shall 
be subject to the same penalties as are provided in the 
preceding section. The penalties provided in this act 
may be recovered by complaint or indictment in any 
court of competent jurisdiction. 

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

Approved March 23, 1887. 

An Act concerning the catching op fish in the waters ad- (JJiap.120 

JACENT to the towns of BARNSTABLE, MASHPEE, YARMOUTH, 
DENNIS AND HARWICH. 

Be it enacted, etc., as folloivs : 

Section 1. Chapter one hundred and ninety-three of ^^p^^*'- 
the acts of the year eighteen hundred and eighty-five, and 
chapter two hundred and two of the acts of the year 
eighteen hundred and eighty-six, and all acts and parts of 
acts prohibiting the use of seines and nets in the catching 
of fish in the waters adjacent to the towns of Barnstable, 
Mashpee, Yarmouth, Dennis and Harwich are hereby 
repealed. 

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

Ap2)roved March 28, 1887. 

An Act to prohibit the employment of children in cleaning (7/irtT).121 

DANGEROUS MACHINERY. 

Be it enacted, etc., as follows : 

Section 1. No child under the age of fourteen years children in fac- 
shall be permitted to clean any part of the machinery in dein^macbhiery 
a factory while such part is in motion by the aid of steam, motion!'*'" 
w^ater or other mechanical power, or to clean any part of 



680 1887. — Chapters 122, 123. 

such machinery that is in dangerous proximity to such 
moving part. 
Penalty. SECTION 2. Whocver, either for himself or as superin- 

tendent, overseer or other agent of another, violates the 
provisions of the preceding section shall be punished by 
a fine of not less than fifty nor more than one hundred 
dollars for each offence. Approved March 28, 1887. 

Chap.^22 An Act concerning the payment of state aid to the widows 

OF CERTAIN SOLDIERS, SAILORS AND MARINES. 

Be it enacted, etc., as folloios: 

wki'owRVf^cer- Section 1. State aid may be paid to the widow of 
I'tc" *"''^'''"' any soldier, sailor or marine descrilied in the second sec- 
tion of chapter thirty of the Public Statutes, who was 
married to said soldier, sailor or marine before the ninth 
day of April in the year eighteen hundred and eighty, 
and who is otherwise qualified to receive state aid under 
the provisions, limitations and regulations of said chapter. 
^®P®*'- Section 2. So much of section three of chapter thirty 

of the Public Statutes as is inconsistent with this act, and 
chapter two hundred and four of the acts of the year 
eighteen hundred and eighty-five are hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved March 28, 1887. 

Ck(ipA2S An Act to amend chapter two hundred and ninety-eight of 

THE acts of the YEAR EIGHTEEN HUNDRED AND EIGHTY-SIX 
entitled an act concerning THE MASSACHUSETTS SCHOOL FOR 
THE FEEBLE-MINDED. 

Be it enacted, etc., as follows: 

tncTofmfioo. Section 1. There shall be allowed and paid annually, 
out of the treasury of the Commonwealth, the sum of 
twenty-five thousand dollars to the treasurer of the Massa- 
chusetts School for the Feeble-Minded, for the use of said 
school, in equal quarterly payments, commencing on the 
first day of January in the year eighteen hundred and 
eighty-seven. 

Repeal. Section 2. Scctiou four of chapter two hundred and 

ninety-eight of the acts of the year eighteen hundred and 
eighty-six is hereby repealed. 

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

Approved March 28, 1887. 



1887. — Chaptees 124, 125. 681 



An Act relating to assessing betterments on highways. C^«7?.124 
Be it enacted^ etc., as follows : 

Section 1. When the county commissioners shall lay AsseBsmentof 

1. T T ,. i>i c , . betterments by 

out, alter, grade or discontuiue a highway irom town to county commis- 
town or from place to place within the same town, they *'°"®''*- 
may declare the same to be done under the provisions of 
law authorizing the assessment of betterments in regard 
to so much of such highway as lies within any city or town 
which has accepted the provisions of chapter one hundred 
and sixty-nine of the acts of the year one thousand eight 
hundred and sixty-nine, or of chapter three hundred and 
eighty-two of the acts of the year one thousand eight hun- 
dred and seventy-one, or of chapter fifty-one of the Public 
Statutes . 

Section 2. When the county commissioners, in any Damages paid 
case provided for in the foregoing section, have ordered treasury to^be 
any damages to be paid from the county treasury'' for any plfns^ofi'aying 
land or buildings taken in any city or town which has °"''' '''''• 
accepted the provisions of law or either of them aforesaid, 
the amount of such damages which have been finally paid 
shall be included in the expense of laying out, alteration, 
widening, grading or discontinuance ; and the board assess- 
ing the betterments shall reimburse the county treasury 
the proportion of such betterments received which the 
damages so paid bear to the whole amount of betterments 
assessed and paid. Such reimbursement shall be made 
when all the betterments due shall have been paid or finally 
settled but not before. 

Section 3. The provisions of chapter fifty-one of the Provisions of 
Public Statutes, and of chapter two hundred and twenty- i884'226?to ° 
six of the acts of the year one thousand eight hundred and "pp'^' 
eighty-four, shall apply to the proceedings under this act 
so far as the same are not altered hereby. 

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

Approved March 28, 1887. 

An Act in relation to the assessment of taxes on royalty OJiaii 125 

paying machines. 

Be it enacted, etc., as follows : 

Section 1. Chapter eleven of the Public Statutes is AeBesamentof 
hereby amended by adding at the end of section twenty, p'lf/ing mT-^^ '^ 
as amended by chapter one hundred and sixty-five of the '=^'"'^*- 



682 



1887. — Chapter 126. 



Melrose may 
make an addi- 
tional water 
loan. 



acts of the year one thousand eight hundred and eighty- 
two, the following cUiuse : — 

Tenth. All machines employed in any branch of manu- 
factures and used or operated under a stipulation provid- 
ing for the payment of a royalty or compensation in the 
nature of a royalty for the priv'ilege of using or operating 
the same, shall be assessed where such machines are situ- 
ated or employed to the owner or any person, firm or cor- 
poration in possession of the same on the first day of May. 

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

Approved March 28, 1887. 

Ch(ip.X2lG ^^ -^^"^ '^^ AUTHOKIZE THE TOWN OF MELUOSE TO MAKE AN ADDI- 
TIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Melrose, for the purposes 
mentioned in section three of chapter one hundred and 
sixty of the acts of the year eighteen hundred and seventy, 
may issue bonds, notes or scrip to an amount not exceed- 
ing fifty thousand dollars in addition to the amounts here- 
tofore authorized by law to be issued by said town for the 
same purposes : provided, that the whole amount of such 
bonds, notes or scrip issued by said town, together with 
those heretofore issued by said town for the same pur- 
poses, shall not in any event exceed the amount of two 
hundred and thirty-seven thousand dollars ; such bonds, 
notes and scrip shall bear on their ttice the words Melrose 
Water Loan, Act of 1887 ; shall be payable at the expira- 
tion of j^riods not exceeding thirty years from the date 
of issue; shall bear interest payable semi-annually at a 
rate not exceeding six per centum per annum, and shall be 
signed by the treasurer and be countersigned by the water 
commissioners of the town. The said town 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, but none of 
said bonds, notes or scrip shall be issued or sold except in 
compliance with a vote of the town. 

Section 2. The provisions of said chapter one hun- 
dred and sixty of the acts of the year eighteen hundred 
and seventy shall be applicable to this act except as herein 
otherwise provided. 

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

Ap2)roved March 28, 1887. 



Whole amount 
not to exceed 
$237,000. 



Provisions of 
1870, 160, to 
apply, except, 
etc. 



1887. — Chapters 127, 128. 683 



An Act to establish the salaries of the district police. OJum 127 
Be it enacted etc, as folloivs: 

Section 1. Section five of chapter one hundred and ushed!* ^''^''''' 
three of the Public Statutes is hereby amended so as to 
read as tbllows : — Each member shall receive a salary of 
fifteen hundred dollars a year, together Avith his actual 
and necessary travelling expenses when on duty ; and the 
chief shall receive a sum, to be fixed by the governor,- not 
exceeding' two thousand dollars. All fees received by Fees to be paid 
the district police shall be paid over by them to the treas- |,°/°/^« f^''^- 
urer of the Commonw^ealth and no salary shall be paid to 
any officer until he has made oath that he has paid over 
all such fees. Their accounts shall all be verified by oath 
and shall l)e approved by the chief before being presented 
to the auditor. 

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

Approved March 28, 1887. 



An Act to more clearly define the duties of the sergeant- /^^/y^ 128 

AT-ARMS and TO ESTABLISH THE SALARIES OF CEUTAIN OF HIS 
APPOINTEES AND TO PROVIDE FOR THEIR PROPER DESIGNATION. 

Be it enacted, etc., as follows : 

Section 1. Sections four, six, nine, ten and twelve of Duties of the 
chapter five of the Public Statutes are hereby respectively arms defined. 
amended to read as follows : — /Section 4. He shall also 
have the general charge and oversight of the state house 
and its appurtenances, of the Commonwealth building 
and of any other building rented by the Connnon wealth 
for the use of public ofiicers ; shall superintend all altera- 
tions and repairs thereof; shal. often visit and inspect 
the apartments therein, except the secretary's office, coun- 
cil chani])er and apartments therewith connected which 
shall be under the care of the messenijer of the oovernor 
and council ; shall take proper precaution against damage 
thereto, or to the books, papers or other property therein ; 
and shall see that the chambers and lobbies occupied by 
the general court are, both during the sessions and the 
recesses, kept clean and in good order. /Sec/ion 6. He to appoint a 
shall annually appoint, subject to the approval of the sec- messengers. 
retary and treasurer of the Commonwealth, a clerk, who 
shall also act as clerk of the commissioners on the state 
house, and three good and discreet persons, who shall be 



684 



1887. — Chapter 128. 



To appoint an 
engineer, fire- 
men, watchmen, 
etc. 



Salaries. 



Commissioners 
on the state 
house to have 
charge of appro- 
priations for 
repairs, etc. 



known as the sergeant-at arms messengers, whom he may 
at any time remove, and for whose fidelity and good con- 
duct in said capacity he shall l)e responsible. iScclion 9. 
The sergeant-at-arms may appoint an engineer, who shall 
take charge of the heating and ventilation of. the state 
house ; two watchmen, one for day and one for night 
duty at the state house ; the night watchman shall remain 
at the state house every night and shall maintain proper 
watch and guard for the security thereof, and visit such 
rooms and at such times as the sergeant-at-arms may 
direct ; a tireman and an assistant fireman at the state 
house ; a competent man to be janitor and fireman at the 
Commonwealth building. The sergeant-at-arms shall be 
responsible for the fitness and good conduct of all the 
aforesaid officers and may remove them at his discretion. 
iSection 10. Commencing with the first day of January, 
eighteen hundred and eijyhtv-seven, the salaries of the 
sergeant-at-arms and the officers of his department shall 
be as follows: — that of the sergeant-at-arms shall be 
three thousand dollars a year 
hundred dollars a 3'ear ; that of each of his 
eleven hundred dollars a year ; that of the 
the state house fifteen hundred dollars a year ; 
watchmen one thousand dollars a year each 
fireman nine hundred dollars a year ; that of the janitor 
and fireman at the Commonwealth building nine hundred 
dollars a year. The assistant fireman at the state house 
shall receive a compensation of two and one-half dollars 
for each day he may be employed. Section 12. The 
sergeant-at-arms and the secretary and treasurer of the 
Commonwealth shall constitute a commission, without 
compensation, who shall have in charge the appropriations 
for the repairs, improvements and furniture of the state 
house and the contingent expenses of the general court. 
No expense shall be incurred for said purposes unless 
previously authorized by said commission, and no expense 
shall be authorized by them unless the same comes within 
the amount appropriated by the general court, except 
that in case of damage to the state house, caused during 
the recess of the general court by fire or other unforeseen 
casualty, the commissioners may make all repairs neces- 
sary for the protection and preservation of the building. 
Section 2. This act shall take effect upon its passage. 

Approved March 29, 1887. 



that of his clerk eighteen 
messengers 
engineer at 
that of the 
that of the 



1887. — Chapter 129. 685 



An Act making appropriations for expenses authorized the (JJiqj^ 1 9C) 

PRESENT YEAR, AND FOR CEKTAIN 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 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 the salary of the third clerk in the department of ™rdcierkof 

the SGcrGtiirv of 

the secretary of the Commonwealth, the sum of two hun- thecommon- 
dred dollars, as authorized by chapter twenty-six of the ^'^'^ 
acts of the present year, being in addition to the thirteen 
hundred dollars appropriated by chapter one of the acts 
of the preii^ent year. 

For the salar}' of the second clerk in the department of fhe auditor'^ °^ 
the auditor of the Commonwealth, the sum of two hun- 
dred dollars, as authorized by chapter thirty of the acts 
of the present year, being in addition to the fifteen hun- 
dred dollars appropriated by chapter one of the acts of 
the present year. 

For clerical assistance to the reirister of probate and Register of pro- 

1 r xi i. i- -11- ^ a. . bate, etc., for 

msolvency tor the county ot VV orcester, a sum not ex- Worcester. 
ceeding eight hundred dollars, as authorized by chapter 
thirty-nine of the acts of the present year. 

For the salary of the judge of probate and insolvency judge of pro- 
for the county of Norfolk, the sum of five hundred Norfolk!'' ^""^ 
dollars, as authorized by chapter seventy-two of the acts 
of the present j^ear, being in addition to the two thou- 
sand dollars appropriated by chapter four of the acts of 
the present year. 

For the salary of the executive clerk of the governor Executive clerk. 
and council, the sum of two hundred dollars, as authorized 
by chapter eighty-three of the acts of the present year, 
being in addition to the fifteen hundred dolhirs appro- 
priated by chapter one of the acts of the present year. 

For the expenses of the auditor of the Commonwealth, Auditor's ex- 

, 1 1 1 • A J. iU • • /• ^1 . penses concern- 

to enable hun to carry out the provisions of the act con- ing keeping cer- 
cerning the keeping of accounts in sundry stsite institu- ^'*"' ^''•^°""'*- 
tions, a sum not exceeding two thousand five hundred 
dollars, as authorized by chapter eighty-seven of the acts 
of the present year. 



686 



1887. — Chapter 129. 



District attor- 
ney for western 
district. 



State normal art 
scbool building. 



Desks in report- 
ers' gallery. 



Law books for 
st^te library. 



Eye and ear 
infirmary. 



Oeorge H. Can- 
non. 

Josiah Robin- 
son. 

Thomas J. Can- 
non. 

Benjamin 
F. liobinson. 
John Gillespie. 
Farnham Gil- 
lespie. 
Francis 
Jenkins. 



Charles O. 
Newell. 



James Burke. 



Ellen Madigan. 



Annie J. Welch. 



Soldiers' Home 
in Massachu- 
setts. 



Attorney-gen- 
eral. 



For the salary of the district attorney for the western 
district, the sum of three hundred dollars, as authorized 
by chapter ninety-seven of the acts of the present year, 
being in addition to the eighteen hundred dollars appro- 
priated by chapter four of the acts of the present year. 

For furnishing the state normal art school building, a 
sum not exceeding live thousand dollars, as authorized by 
chapter two of the resolves of the present year. 

For providing desks in the reporters' gallery of the 
house of representatives, a sum not exceeding one hun- 
dred dollars, as authorized by chapter three of the re- 
solves of the present year. 

For the purchase of law books for the state library, a 
sum not exceeding one thousand dollars, as authorized by 
chapter live of the resolves of the present year. 

For the Massachusetts charitable eye and ear infirmary, 
the sum of fifteen thousand dollars, as authorized by 
chapter six of the resolves of the present year. 

For George H. Cannon, the sum of twenty-four dollars 
and fifty cents ; for Thomas J. Cannon, thirty-eight dollars 
and seventy-five cents ; for Josiah Robinson, forty-one 
dollars and twenty-five cents ; for Benjamin F. Ro])inson, 
seventeen dollars and fifty cents; for John Gillespie, 
forty-one dollars ; for Farnham Gillespie, twenty-nine 
dollars and sixty-five cents ; and for Francis Jenkins, 
eighteen dollars and seventy-five cents, as authorized by 
chapter nine of the resolves of the present year. 

For Charles O. Newell of Boston, the sum of ninety- two 
dollars, as authorized by chapter ten of the resolves of the 
present year. 

For James Burke, the sum of one hundred dollars, as 
authorized by chapter eleven of the resolves of the present 
vear. 

For Ellen Madigan, the sum of one hundred and fifty 
dollars, as authorized by chapter twelve of the resolves of 
the present year. 

For Annie J. Welch, the sum of one hundred dollars, 
as authorized by chapter thirteen of the resolves of the 
present year. 

For the trustees of the soldiers' home in Massachusetts, 
as authorized by chapter fourteen of the resolves of the 
present year, the sum of twenty thousand dollars. 

For incidental expenses of the attorney-general's depart- 
ment, a sum not exceeding five hundred dollars, being in 



1887. — Chapter 130. ' 687 

addition to the thirteen hundred and seventy-five dollars 
appropriated by chapter nine of the acts of the present 
year. 

For publishing reports of capital trials, a sum not ex- Reports of 
ceeding fifteen hundred dollars, being in addition to the °*^'^^ ^"*^*' 
fifteen hundred dollars appropriated by chapter two hun- 
dred and eighty-six of the acts of the year eighteen hun- 
dred and eighty-six. 

For providing for the protection of the Commonwealth istatfc'choi^Jra"* 
from Asiatic cholera, a sum not exceeding fifty thousand 
dollars, to be expended under the direction of the state 
board of health, whenever the governor and council shall 
be satisfied that Asiatic cholera exists within the limits of 
this Commonwealth. 

For authorized expenses of committees of the present Expenses of 

.,!,., . ^ . committees. 

legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding eight 
thousand dollars, being in addition to the five thousand i 

dollars appropriated by chapter two of the acts of the 
present year. 

For small items of expenditure, for which no appropri- e^eQdit"4°^ 
ations have been made, or for which appropriations have 
been exhausted or have reverted to the treasury in pre- 
vious 3^ears, a sum not exceeding one thousand dollars. 

For expenses in connection with awardino^ the contract Contract for 

^.. I'lii • '1 state printing. 

for state printing, as authorized by chapter sixteen ot the 
resolves of the present year, a sum not exceeding three 
hundred dollars. 

For editing the registration report, under the direc- Editing regis- 
tion of the secretary of the Commonwealth, a sum not "■*"°° '■^p°"- 
exceeding five hundred dollars. 

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

Approved March 29, 1887. 

An Act to incorforate the American mutual liability in- (7Aa/;.130 

SURANCE COMPANY. 

Be it enacted, etc. , as follows : 

Section I. William C. Lovering, C. H. Dalton, American mu. 
William Whitman, L. M. Sargent, Francis Cabot, George i"«u™?c^i'com. 
Atkiubon, Robert H. Stevenson, William H. Bent, John C. S;"'°''^°- 
Sharp, John E. Sanford, Philip L. Moeu, Thomas L. 
Livermore, Arthur T. Lyman, S. A. Williams, Edmund 
Grinnell, John S. Brayton, A. S. Covel, Thomas J. Bor- 
den, Theophilus Parsons, T. S. Edmunds, Eugene H. 



688 



1887. — Chapter 131. 



To collect a full 
mutual pre- 
mium. 

Contingent 
mutual liability 
may be fixed in 
by-laws. 



Policies not to 
be issued until 
cash premiums 
amount to 
$20,000. 



May insure cor- 
porations em- 
ploying labor. 



To be organized 
under provi- 
sions of the 
general laws. 



Sampson, J. H. Sawyer, Eliot C. Clarke, Edmund Dwight, 
William Hooper, Charles B. Amory, their associates, suc- 
cessors and assigns, are hereby made a corporation by the 
name of the American Mutual Liability Insurance Com- 
pany, to be located in the city of Boston, for the purpose 
and with the power and authority of insuring employers 
of labor against losses from claims of their employees for 
injuries received while in their service. 

Section 2. Said company shall charge and collect 
upon its policies a full mutual premium in cash or notes 
absolutely payable, and may in its by-laws and policies 
fix the contingent mutual liability of its members for the 
payment of losses and expenses not provided for by its 
cash funds : provided, that such contingent liability of a 
member shall not be less than a sum equal to and in 
addition to the cash premium written in his policy. The 
total amount of the liability of the policy holder shall be 
plainly and legiblj^ stated upon the back of each policy. 

Section 3. No policy shall be issued by said company 
until insurance therein shall have been subscribed to be 
insured and entered upon its books, from which the 
asfSfresate amount of the cash premiums shall be not less 
than twenty thousand dollars. 

Section 4. Corporations employing labor may efiect 
insurance in said company, and assume the liabilities in- 
cident thereto. 

Section 5. Said company shall, except as otherwise 
herein provided, be organized under and subject to the 
provisions of the general law concerning mutual fire in- 
surance companies ; and shall have and may exercise all 
the powers, rights and privileges, and shall be suV)ject to 
all the duties, liabilities and requirements under the gen- 
eral law applicable to mutual fire insurance companies. 

Section 6. This act shall take effect upon its passage. 

Approved March 30, 1887. 



Chaj)l^l 



The Central 
Massachusetts 
Railroad may 
issue shares to 
holders of com- 



An Act authorizing the central Massachusetts railroad 

COMPANY TO issue ADDITIONAL COMMON STOCK IN EXCHANGJi 
FOR THE STOCK OF THE MASSACHUSETTS CENTRAL RAILROAD 
COMPANY. 

Be it enacted, etc., asfollozos: 

Section 1. The Central Massachusetts Railroad Com- 
pany is hereby authorized at a legal meeting duly called 
for the purpose, by a vote of a majority of the preferred 



1887. — Chapter 132. 689 

V 

and of a majority of common stockholders thereof present Masgac^husettl''^ 
and votine: by proxy or in person, to issue to each holder central Railroad 
of the common stock of the Massachusetts Central Rail- 
road Company not heretofore surrendered and exchanged 
under the provisions of section three of chapter sixty- 
four of the acts of the year eighteen hundred and eighty- 
three, upon the surrender thereof, common stock of said 
Central Massachusetts Railroad Company to an equal 
amount share for share : provided, thnt the said stock of Proviso, 
the Massachusetts Central Railroad Company be surren- 
dered within one year from the date of said meeting. 

Section 2. The Central Massachusetts Railroad Com- May increase 
pany may for the purpose of carrying out the provisions "^^^^^^ ^^°^^- 
of this act, increase its capital stock to an amount not 
exceeding the amount of stock of the Massachusetts Cen- 
tral Railroad Company actually surrendered under the 
provisions of this act. 

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

Approved March 30, 1887. 

An Act authorizing the boston, revere beach and lynn /nr? -ioq 

RAILROAD COMPANY TO UNITE AND CONSOLIDATE WITH THE ^ 

BOSTON, WINTHROP AND SHORE RAILROAD COMPANY, 

Be it enacted, etc., as follows: 

Section 1. The Boston, Revere Beach and Lynn Rail- The Boston, 
road Company is hereby authorized to unite and consolidate iml Lyifn^Raij- 
with the Boston, Winthrop and Shore Raih'oad Company ^°th tlie Boston, 
and when thus united said corporations shall constitute J\''"^''r5'P,''"'^, 

'^ hhore Railroad 

one corporation under the name or the Boston, Revere under name of 
Beach and Lynn Railroad Company, and said united com- Bt ach and'^Lynn 
pany shall have all the rights, powers, privileges and ^^'''■°"'*- 
immunities and be subject to all the duties and liabilities 
of said uniting corporations and to all the general laws 
relating to railroad corporations and to the provisions of 
section three of chapter one hundred and live of the Public 
Statutes ; but such union shall be only upon such terms 
and conditions as shall be approved by a majority in 
interest of the stockholders of said uniting corporations 
at meetings duly called for that purpose. 

Section 2. The Boston, Revere Beach and Lynn Rail- Purchase and 
road Company is further authorized, for the purpose of jca to"fpp*rovai 
facilitating and effecting said union and consolidation, to °nt™rei'tof^«to"ck- 
purchase and hold the stock, bonds and property, rights corporation"''** 
and franchises of said Boston, Winthrop and Shore Rail- 



690 1887. — Chapter 133. 

road Company and may sell or exchange its stock, bonds 
or notes for the stock, bonds, property, rights and 
franchises, and in payment of the liabilities of said Boston, 
Winthrop and Shore Kailroad Company ; but such pur- 
chase and exchange shall be only in such manner and 
upon such terms and conditions as shall be approved by a 
majority in interest of the stockholders of each of said 
corporations at a meeting duly called for that purpose. 
Sal stock! Section 3. The Boston, Revere Beach and Lynn Rail- 

road Company may increase its capital stock to such an 
amount as may be necessary to carry into effect the pro- 
visions of this act, subject to the general laws of the 
Commonwealth applicable to the increase of capital stock 
of railroad corporations ; but the capital stock of the new- 
united corporation shall not upon the union and consolida- 
tion and purchase above provided for exceed the amount 
of the authorized capital stock of the two uniting corpora- 
tions. 

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

Approved March 30, 1887. 

(JJiap.lSS -^^ ^^^ "^^ LNOORPORATE THE TRUSTEES OF CLARK UNIVERSITY 

IN WORCESTER. 

Be it enacted, etc., as follows: 

ciaTk^um^cr SECTION 1. Jouas G. Clark, Stephen Salisbury, 

sityincorpo- Charles Devens, George F. Hoar, William W. Rice, 

rated. _ " 

Joseph Sargent, John D. Washburn, Frank P. Goulding 
and George Swan, all of the city of Worcester in the 
Commonwealth of Massachusetts, and their successors, 
are hereby made a corporation by the name of the Trustees 
of Clark University ; to be located in said Worcester, 
for the purposes of establishing and maintaining in said city 
of Worcester an institution for the promotion of education, 
and investigation in science, literature and art, to be called 
Clark University. 
Real and per SECTION 2. Said corporatiou may receive and hold 

Boual estate. i • /. i • ^ 

real or personal estate, by gift, grant, devise, bequest or 
May confer othcrwise, for the purposes aforesaid; and shall have all 

the rights, privileges, immunities and powers, including 

the conferring of degrees, which similar incorporated 

institutions have in this Commonwealth. 
^D*ive°8ft>"'ap- Section 3. Said corporation shall have the power to 
point officers, organize said university in all its departments, to manage 

and control the same, to appoint its officers, who shall not 



degrees. 



1887. — Chapter 134. 691 

be members of said corporation, and to fix their com- 
pensation and their tenure of office ; and said corporation 
may provide for the appointment of an advisory board, 
and for election by the alumni of said university to fill any 
vacancies on said board. 

Section 4. The number of the members of said corpo- Members of cor- 
ration shall not be less than seven nor more than nine, and con"iPt*one88° 
any vacancy therein may be filled by the remaining mem- monAhYn n^ne 
bers at a meeting duly called and notified therefor ; and '" ""™^'^''- 
when any member thereof shall by reason of infirmity 
or otherwise become incapable, in the judgment of the 
remaining members, of discharo^ino^ the duties of his office, 
or shall neglect or refuse to perform the same, he may be 
removed and another be elected to fill his place, by the 
remaining members at a meeting duly called and notified 
for that purpose. 

Section 5. This act shall take efiect upon its passage 

Approved 3Iarch 31, 1887. 

An Act to incorporate the clapp memorial library. O/ittT^.lSi 
Be il enacted, etc., as follows: 

Section 1. Everett Clapp, Dwight P. Clapp, Edward EnPPr.Sor-''' 
L. Clapp, Nathaniel Dwight, Susan M. Bridgman, Payson porated. 
AY. Lvman and their associates, survivors and successors 
are hereby made a corporation by the name of the Clapp 
Memorial Library, for the purpose of establishing and 
maintaining a public and social library for the diffusion 
of knowledge and to promote intellectual, moral and 
physical culture in the town of Belchertown, with all the 
powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or hereafter may be in force applicable to 
such corporations. 

Section 2. Said corporation shall consist of not less corporation to 

ji r» i 1 1 /• I. Ai consist of uot 

than five nor more than seven members, ot whom the less tiianWve nor 
chairman of the board of selectmen for the town of S°^V];^,'; ^'^'^^ 
Belchertown for the time being shall always be a member 
ex officio, and all vacancies occurring in such membership 
shall be filled at such time and in such manner as the 
corporation may lawfully direct. 

Section 3. Said corporation is authorized to take and ^n^ai^propeYty. 
hold real and personal property for the uses and purposes 
aforesaid, not exceeding in amount and value two hundred 
thousand dollars, inclusive of the bequest of the late John 



692 



1887. — Chapters 135, 136. 



May take and 
receive dona- 
tion, grants, 
etc. 



Town of Bel- 
chertown may 
transfer all 
funds, etc., for 
uses of a public 
library. 



Proviso. 



Administration 
to be non-secta- 
rian. 



F. Clapp, which bequest said corporation is authorized to 
receive, hold and apply to the uses and purposes of a 
public library in the town of Belchertown ; said corpora- 
tion may also take and receive donations, grants, devises 
and bequests, to be held and applied to the uses aforesaid, 
and upon such conditions as may be lawfully prescribed 
by the donors. 

Section 4. It shall be lawful for the town of Belcher- 
town to transfer to said corporation all funds and properties 
which said town may now hold or may hereafter receive 
for the uses of a public library, to be received and applied 
by said corporation in like manner as if held by said 
town : provided, always, that the inhabitants of Belcher- 
town shall have free use of said library under suitable and 
proper rules and regulations, and said town may lawfully 
appropriate and pay annually to said corporation towards 
increasing and maintaining said library and its buildings, 
and defraying expenses of same, a sum not exceeding that 
which is allowed by law for the support and maintenance 
of public libraries. 

Section 5. In the purchase of books for its library 
and in the administration of its affairs the corporation shall 
be non-sectarian in character. 

Section 6. This act shall take effect upon its passage. 

Approved March 31, 18S7. 



Licensing of 
dogs in Boston. 



Ch(lV.^S5 ^^ ^CT RELATING TO THE LICENSING OP DOGS IN THE CITY OF 

BOSTON. 

Be it enacted, etc., asfoUoivs: 

Section 1. Section eighty-four of chapter one hun- 
dred and two of the Public Statutes is amended in the 
first line by striking out the words ' ' chief of police of 
Boston," and inserting in place thereof the words : — 
board of police for the city of Boston. 

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

Appj'oved March 31, 1887. 



Chap.136 



Lawrence Cof- 
fee House Com- 
pany may organ- 
ize a corporation 
under the gen- 
eral laws. 



An Act to incorporate the lawrence coffee house 

COMPANY. 

Be it enacted, etc., as foUoivs : 

Section 1. C. J. Russell Humphreys, Fred C. 
McDuffee, Robert H. Tewksbury, Fred E. Clark, Aretas 
R. Sanborn, Augustus H. Amory, William E. Walcott, 
Edmund T. Davis, Francis H. Jealous, Walter E. Parker, 



1887. — Chapter 137. 693 

their associates and successors, may associate themselves 
together and organize a corporation under the general laws 
of this Commonwealth relating to corporations, by the 
name of the Lawrence Coffee House Company ; and said 
corporation when duly incorporated under said general 
laws of this Commonwealth is hereby authorized to divide 
its capital stock into shares of ten dollars each. 

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

Approved March 31, 1887. 

An Act to establish a board of registration in dentistry. QJiai) 137 
Be it enacted, etc., as follows: 

Section 1. The governor of the Commonwealth with ^""on'in'dfn^' 
the advice and consent of the council shall appoint, after ^'^""yjjj^g^® 
the passage of this act, five skilled dentists of good 
repute, residing and doing business within the Common- 
wealth, who shall constitute a board of registration in 
dentistry ; but no person shall be eligible to serve on said 
board unless he or she shall have been regularly grad- 
uated from some reputable medical or dental college duly 
authorized to grant degrees in dentistry, or shall have 
been engaged in the practice of dentistry for a period of 
not less than ten years previous to his appointment : 
provided, however, that no person shall be eligible to serve Proviso. 
on said board who is in any way pecuniarily connected 
with any dental college or dental department of any col- 
lege or university. The term for which the members of 
said board shall hold their office shall be three years, 
except that two of the members of the board, first to 
be appointed under this act, shall hold their office for the 
term of one year, two for the term of two years and 
one for the term of three years respectively, and until 
their successors shall be duly appointed and qualified. 
In case of a vacancy occurring in said board such vacancy vacancies. 
shall be tilled by the governor in conformity with this 
section. Any member of said board may be removed 
from office for cause, by the governor with the advice and 
consent of the council. 

Section 2. Said board shall choose one of its mem- president and 
bers president, and one secretary thereof, and it shall chosen!^ 
meet at least twice in each year. Four of said board 
shall constitute a quorum, and the proceedings thereof 
shall, at all reasonable times, be open to public inspec- 
tion. 



694 



1887. — Chapter 137. 



Names of per- 
sons practising 
dentistry to be 
registered with 
board within sis 
monlbe. 



Statements to be 
under oath. 



Persons regis- 
tered to receive 
certificates. 



Certificates to 
be issued after a 
satisfactory 
examination. 



Penalty for vio- 
lation of pro- 
visions of this 
act. 



Fees for exami- 
nation and 
certificate. 



Annual report. 



Section 3. Within six months from the time this act 
takes effect, it shall be the duty of every person who is 
at that time engaged in the practice of dentistry in this 
state to cause his or her name, residence and place of 
business, to be registered with said board, who shall 
keep a book for that purpose. The statements of every 
such person shall he verified under oath before a notary 
public or justice of the peace in such manner as may be 
prescribed by the board. Every person engaged in the 
practice of dentistry within this Commonwealth at the 
time of the passage of this act and who shall so register 
wnth said Iward as a practitioner of dentistry shall receive 
a certificate to that effect, and may continue to practise 
without incurring any of the liabilities or penalties pro- 
vided in this act. 

Section 4. All persons not provided for in section 
three may appear before said board at any of its regular 
meetings and be examined, either orally or by written 
examination at the option of the several applicants, with 
reference to their knowledge and skill in dentistry and 
dental surgery ; and if the examination of any such per- 
son or persons shall prove satisfactory to said board, the 
board shall issue to such persons as it finds to possess the 
requisite qualifications, a certificate to that effect, in 
accordance with the provisions of this act. All certifi- 
cates issued by said board shall be signed by its oflScers ; 
and such certificates shall be prima facie evidence of the 
right of the holder to practise dentistry in Massachusetts. 

Section 5. Any person who shall violate any of the 
provisions of this act, shall be deemed guilty of a mis- 
demeanor, and upon conviction may be fined not less 
than fifty nor more than one hundred dollars, or confined 
three months in the county jail, for each and every 
offence. 

Section 6. The said board shall charge each person 
receiving a certificate the sum of fifty cents, and each 
person appearing before them for examination for a cer- 
tificate of qualification a fee of ten dollars, which fee 
shall in no case be returned. Any person failing to pass 
a satisfactory examination shall be entitled to be re- 
examined at any future meeting of the board, free of 
charge, but no applicant shall be examined oftener than 
twice in one j^ear. Said board shall make an annual 
report of its proceedings to the governor, by the thirty- 



1887. — Chapter 138. 695 

first day of December in each year. All fees received 
by the board under this act shall be paid by the secretary 
of the l)oard into the treasury of the Commonwealth 
once in each month. 

Section 7. The compensation and all necessary ex- compenention 
penses of the board, shall be paid from the treasury of the board^trbTpaid 
Commonwealth. The compensation of the board shall be tre^ury/*''"^ 
five dollars each for every day actually spent in the dis- 
charge of their duties, and three cents per mile each way 
for necessary travelling expenses in attending the meet- 
ings of the board, but in no case shall any more be paid 
than was actually expended. Such compensation and 
expenses shall be approved by the board and sent to the 
auditor of the Commonwealth, who shall certify to the 
governor and council the amounts due as in case of all 
other bills and accbunts approved by him under the pro- 
visions of law : provided, that the amount so paid shall 
not exceed the amount received by the treasurer and 
receiver-general of the Commonwealth from the board in 
fees as herein specified, and so much of said receipts as 
may be necessary is hereby appropriated for the compen- 
sation and expenses as aforesaid. 

Section 8. Any person who shall falsely claim or pre- Penalty for 
tend to have or hold a certificate of license granted by to hofd acenm^ 
any board organized under and pursuant to the provisions '^^^^' 
of this act, or who shall falselv and with intent to deceive 
the public, claim or pretend to be a graduate from any 
incorporated dental college, or w^io shall practise den- 
tistry without obtaining a certificate as provided in this 
act, shall be deemed guilty of a misdemeanor, and shall 
be lial)le to the same penalty as provided in section five. 

Section 9. Nothing in this act shall apply to any Not to apply to 

... ... ," . 1 ^ r \li t 1 a graduate from 

practising physician who is a graduate from the medical a medical coi- 
department of any incorporated college. ^^^^' 

Section 10. This act shall take effect upon its passage. 

Approved April 1, 1887. 

An Act in rfxation to the city missionary society. (7Aft?hl38 

Be it enacted, etc., as follows: 

Section one of chapter ninety-two of the acts of the May hold addi- 
year one thousand eight hundred and eighty-six is hereby pMsonaUstate. 
amended so as to read as follows : — Section 1, The 
City Missionary Society, originally incorporated as the 
Boston Society for the Religious and Moral Instruction of 



696 1887. — Chapter 139. 

the Poor, by an act approved on the twenty-first day of 
February in the year one thousand eight hundred apd 
twenty, amended by an act approved on the twenty- 
seventh day of February in the year one thousand eight 
hundred and forty-one, changing its name to the City 
Missionary Society, 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 to 
an amount not exceeding two hundred thousand dollars. 



Ajyj^roved April 4, 1887. 



Chap 



.139 -^^ ■^^'^ '^ RELATION TO THE STATION OF THE NEW LONDON NORTH- 
ERN RAILROAD COMPANY IN AMHERST CALLED SOUTH AMHERST 
STATION. 



Be it enacted, etc., as follows: 
Railroad Com- Section 1. Thc board of railroad commissioners is 

raiBBioners may i • i . . ,, 

order a passen- hcrcby authorizcd, upon the petition or twenty ieo;al 

ger station to be . x- .1 - £• 4 1 4. xv 1 i- i. zl 

erected at Bouih votcrs 01 the towu ot Amhei'st, alter due notice to the 
Amherst. Ncw Loudou Northern Railroad Company and its lessee, 

and such hearing as said board shall deem expedient, if 
in the judgment of said commissioners the duties and 
obligations of said company or the public exigency re- 
quire 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 South Amherst, a station 
house reasonalily commodious, and furnished for the use 
of passengers ; and also to stop at South Amherst both 
before and after the erection of said station house a speci- 
fied 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. 
The court may Sectiox 2. lu casc of thc ucglcct or rcfusal of said 

compel specific 1 <• i ^i <■ 1 

performance of compauy to comply With aiid rultil any or the require- 
commissioners. mcuts of Said oi'dcr, a copv of which shall be delivered 
by said board to the president or some other officer of 
said compauy within ten days from its date, the supreme 
judicial court or any justice thereof sitting in equity in 
any county shall have full power 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 



I 



1887. — Chapters 140, 141. 697 



tion. 



with and fulfil any of the requirements of said order, 
said company shall forfeit and pay the sum of five hun- 
dred dollars to be recovered in an action of tort to be 
brought by the attorney -general, or the district attorney 
for the northwestern district, to the benefit of the Com- 
monwealth. 

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

Approved April 4, 1887. 

An Act to authorize the consolidation of masonic mutual (JJi(X7).\^0 

RELIEF ASSOCIATIONS. 

Be it enacted, etc., as follows: ' 

Section 1. Any two or more corporations known as Masonic mutual 

, 1 T /» • i.' • 1 J J.U relief associa- 

masonic mutual reliet associations, organized under the uons may con- 
provisions of chapter one hundred and fifteen of the Pub- the name"of the 
lie Statutes, may unite or consolidate under the name of MaSc Mutual 
the Massachusetts Masonic Mutual Relief Association, Relief Associa- 
upon a two-thirds vote of their members present and 
voting thereon at special meetings of said corporations 
called for this purpose in the manner prescribed by their 
by-laws. 

Section 2. At any time subsequent to the consoli- fonsoiXtion? 
datiou authorized by section one of this act any of the ^^^^fJ^^f^'^oTn 
masonic mutual relief associations not included in said 
consolidation may unite with the said Massachusetts Ma- 
sonic Mutual Relief Association in the same manner as 
is prescribed in said section one for the original consoli- 
dation. 

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

Approved April 4, 1887. 

An Act to amend an act to supply the village of mansfield (J]iai).\^\ 

WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the village of Mans- water supply 
field in the county of Bristol, liable to taxation in the Mansfiewl'^^^ ° 
town of Mansfield and residing in the territory enclosed 
by the following boundary lines, viz. : — beginning at the 
intersection of the Boston and Providence railroad with 
the Foxl)orough town line ; thence in a straight line and 
southerly direction to a point on the Old Colony railroad 
one mile southeasterly from the intersection of said rail- 
road with North Main street ; thence in a westerly direc- 



■698 



1887. — Chapter 142. 



M.insfield 
Water Supplj- 
District. 



Repeal. 



tion and by a straight line to a point in the Rumford 
river five hundred feet southerly, from Spring street ; 
thence by said Rumford river northerly to the Fox- 
borough 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 Mansfield Water Supply District, for 
the purpose of supplying themselves with water for the 
extinguishment of fires and for domestic and other pur- 
poses, with power to establish fountains and hydrants, 
re-locate or discontinue the same, and to take and hold 
property by purchase or otherwise for the purposes men- 
tioned in this act, and to prosecute and defend in all 
actions relating to the property and affairs of the district. 

Sectiox 2. Section one of chapter three hundred and 
thirty-six of the acts of the year eighteen hundred and 
eighty-six is hereby repealed. 

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

Approved April 4, 1887. 

(J]iap.\^'2i A^ ■'^CT RELATING TO THE COLLECTION OF TAXES ASSESSED UPON 
THE SHARES OF BANKS LOCATED WITHIN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Any tax assessed upon the shares of a 
bank existing and carrying on business by the authority 
of the United States or of this Commonwealth and located 
within this Commonwealth shall constitute a lien upon 
the shares so assessed from the first day of May in the 
year in which the tax is laid until the tax shall be paid, 
and such tax may be collected in accordance with the 
provisions of law for the seizure and sale of shares of the 
capital stock of corporations existing under the authority 
of this Commonwealth for the non-payment of taxes. 

Section 2. Any bank whose shares are so assessed 
may pay under a written protest any tax so assessed, and 
such payment shall not be deemed voluntary, but the tax 
or any portion thereof paid after such written protest is 
made, if such tax or any portion thereof is invalid, may 
be recovered of the city or town receiving it in an action 
of contract brought by such bank, provided suit is brought 
therefor within six months from the time when such tax 
is paid. 

Section 3. The governor may with the advice and 
consent of the council employ counsel learned in the law 



Tax assessed 
upon bank 
shares to be a 
lien thereon 
until tax is paid. 



Bank may pay 
tax under 
written protest. 



The governor 
and council may 
employ counsel 



1887. — Chapters 143, 144. 699 

to assist in the prosecution of any suit pending in any to assiBt in pros- 
court of tlie United States whicli may have been or here- defence of suits, 
after shall be brought by the treasurer of any city or town 
to recover any tax assessed upon the shares of any such 
bank, and to assist in the defence of any suits which may 
have been or hereafter shall be brought in any court of 
the United States under section two of this act, and such 
counsel shall be paid such sum from the state treasury as 
the governor and council may api)rove, but such suits 
shall be under the direction of the attorney-general. 
Section 4. This act shall take effect upon its passage. 

Approved April 4, 1887. 

An Act to punish the obtaining by false pretences of cek- njinj^ 143 

TIFICATES OF REGISTRATION OR TRANSFERS OF SUCH REGISTRA- 
TIONS, AND THE GIVING OF FALSE PEDIGREES OF CATTLE AND 
OTHER ANIMALS. 

Be it enacted, etc., asfolloios: 

Section 1. Whoever by a false pretence obtains from penalty for oh. 
any club, association, society or company for improving loc'ie°y/et ™ by 
the breed of cattle, horses, sheep, swine or other domestic certm''ca'te''or; * 
animals, a certificate of registration of any animal in the registration of 
herd register, or any other register of any such club, 
association, society or company, or a transfer of any such 
registration, shall be punished by imprisonment in the 
jail or house of correction not exceeding two years, or by 
fine not exceeding five hundred dollars or by both impris- 
onment and fine. 

Section 2. Whoever knowingly gives a false pedigree Penalty for 
in writing of any animal, shall be punished by imprison- l^dTg^re^e of^an 
ment in the jail or house of correction not exceeding two »""^'*'- 
years, or by fine not exceeding five hundred dollars or by 
both imprisonment and fine. 

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

Approved April 4, 1887. 

An Act authorizing the provident co-operative bank to nT^f/rf, I44 

INCREASE ITS CAPITAL TO BE ACCUMULATED. ^ * 

Be it enacted, etc., as follows: 

Section 1. The Provident Co-operative Bank is hereby May increase 
authorized to increase its capital to be accumulated to one °''^' 
million dollars, which capital shall be divided into shares 
of the ultimate value of two hundred dollars each. 

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

Apirroved April 4, 1887. 



700 1887. — Chapters 145, 146, 147, 148, 149. 



Ohan.\4:5 -^^ ^ct authorizing the boston tow boat company to in- 
crease ITS capital stock. 

Be it enacted, etc., as follows. • 

May increase Section 1. The Boston Tow Boat Companv, a com- 

capital stock. i t i i i i 7- J^ a n 

pany established by chapter twenty-seven ot the acts oi 
the year eighteen hundred and seventy-three, is hereby 
authorized to increase its capital stock to one million 
dollars. 

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

Approved April 4, 1887. 

0/i«?9.146 ^'^ ^^"^ "^^ AUTHORIZE THE HAMPDEN PAINT AND CHEMICAL COM- 
PANY TO REDUCE ITS CAPITAL STOCK. 



Be it enacted, etc. , as follows : 

May reduce SECTION 1. The Hampden Paint and Chemical Com- 

capi ci B oc . pai^y ig hereby authorized to reduce its capital stock to an 
amount not less than seventy-five thousand dollars. 

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

Approved April 4, 1887. 

(JJiavA.^ An Act to prevent the defacing or injury of voting lists. 
Be it enacted, etc., as follows: 

Penalty for de- SECTION 1. Whocvcr wilfully iujurcs or dcfaccs any 
ueTof voters.'^ Hst of votci's postcd iu any city or town of this Common- 
wealth shall be punished by a fine not exceeding fifty 
dollars or by imprisonment not exceeding six months. 
Section 2. This act shall take effect upon its passage. 

Approved Ajyril 4, 1887. 

(7/iffl?.148 -^^ ^''■^'^ "^^ DISSOLVE THE GROVELAND SAVINGS BANK. 

Be it enacted, etc., as follows: 

Corporation SECTION 1. The Grovclaud Savings Bank is hereby 

■dissolved, subject to the provisions of sections forty-one 
and forty-two of chapter one hundred and five of the 
Public Statutes. 

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

Approved April 4, 1887. 

0/ift?9.149 ^^ ^^^ RELATING TO THE EXAMINATION OF JURORS. 

Be it enacted, etc., as follows: 

Examination of Section 1. The examination of jurors provided for 
pmieB^tc!^ by section thirty-five of chapter one hundred and seventy 



1887. — Chapter 150. 701 

of the Public Statutes, may be made by the parties or 
their attorneys under the direction of the court. 

Section 2. This act shall take effect on the first day 
of October next. Ajyproved April 4, 1887. 

An Act to incorporate the bay state trust company. (7/i«7>.150 

Be it enacted^ etc., as follows: 

Section 1. Alfred Hodman, William Minot, junior, Bay state Trust 
Charles C. Jackson, Stephen M. Weld, George Dexter, gXd.^ '"'°'" 
their associates and successors, are made a corporation 
by the name of the Bay State Trust Company, to be 
located at Boston, for the purpose of receiving on de- 
posit, storage or otherwise, moneys, government secu- 
rities, stocks, bonds, coin, jewelry, plate, valuable papers 
and documents, evidences of debt, and other property of 
every kind, upon such terms or conditions as may be 
obtained or agreed upon, and at the request of the de- 
positor of collecting and disbursing the interest or income 
upon such of said property received on deposit as produces 
interest or income, and of coUectinof and disbursino- the 
principal of such of said property as produces interest or 
income when it becomes due, upon terms to be prescribed 
by the corporation, for the purpose of loaning money on 
real and personal security, and issuing letters of credit 
on terms that may be agreed upon, and for the purpose 
of borrowing money and of receiving and investing the 
same ; and all the powers and privileges necessary for • 

the execution of these purposes are granted, subject 
nevertheless to the duties and restrictions and liabilities 
set forth in chapter one hundred and five of the Public 
Statutes and in all the general laws which now are or 
hereafter may be in force in relation to such corporations. 

Section 2. Such corporation shall at all times have Reserve to be 
on hand, as a reserve, in lawful money of the United equa'i'to''i5per 
States, or to its credit in a national Ijank, payable on ^''uhdrlwtwe'^* 
demand, an amount equal to at least fifteen per centum of on demand. 
the aggregate amount of all its deposits which are subject 
to withdrawal upon demand or within ten days ; and 
whenever said reserve of such corporation shall be below 
said per centum of such deposits, it shall not increase its 
liabilities by making any new loans until the required 
proportion between the aggregate amount of such depos- 
its and its reserve fund shall ])e restored : it shall also 
have in addition to the fifteen per centum aforesaid one- 



702 1887. — Chapter 150. 

sixth part of its loan in notes payable on demand, se- 
cured by any of the classes of stocks or bonds specified 
in section three of this act at not over seventy-five per 
centum of their market value, or in bonds of the United 
States or of this (^ommonwealth, which are the absolute 
property of such corporation. 
orXr m™ne B to SECTION 3. Any court of Uiw Or of cquity, including 
be deposited courts of probatc and insolvency of this state, may by 

with corpora- - '^ . . -,• ^ "^ ^^ 

tion. decree or otherwise direct any mone3s or properties 

under its control, or that may be paid into court by 
parties to any legal proceedings, or which may be brought 
into court by reason of any order or judgment in equity 
or otherwise, to be deposited with said corporatiorn, upon 
such terms and subject to such instrflctions as may be 
deemed expedient : jjrovided, however^ that said corpo- 
ration shall not be required to assume or execute any 
Corporation trust without its owu asscut. Said corporation shall also 
moueys, etc., in have powcr to rcccivc and hold moneys or property in 
*'^"**' trust from executors, administrators, assignees, guard- 

ians and trustees, upon such terms or conditions as may 
«°Ph^i^t,"l^^ ^^ obtained or agreed upon : provided, also, that all such 
moneys or property received under the provisions of this 
section shall be loaned on or invested only in the au- 
thorized loans of the United States, or of any of the 
New England states, or cities or counties or towns of 
this state, or stocks of state or national banks organized 
within this Commonwealth, or in the first mortgage bonds 
of any railroad company in New England which has 
earned and paid regular dividends on its stock for two 
years next preceding such loan or investment, or in the 
first mortgage bonds of any railroad company outside of 
New England which has earned and paid regular divi- 
dends on its stocks for five years next preceding such 
loan or investment, or in the bonds of any railroad com- 
pany in the New England states unencumbered by mort- 
gage which has earned and paid regular dividends on its 
stocks for two years next preceding such loan or invest- 
ment, or in first mortgages on real estate in this Common- 
wealth, or in any securities in which savings banks are 
allowed to invest, or upon notes, with two sureties, of 
manufacturing corporations created under the laws of this 
state, or of individuals with a sufficient pledge as col- 
lateral of any of the aforesaid securities ; but all real 
estate acquired by foreclosure of mortgages or by levy of 



such moneys. 



1887. — Chapter 150. 703 

execution shall be sold at public auction within two years 

after such foreclosure or levy: provided, also, that all J° '^^.f *p^*'*' 

. -, . -,1 , deposit. 

such money or property received, invested or loaned 
under this section shall be a special deposit in said corpo- 
ration, and the accounts thereof shall be kept separate, 
and such funds, and the investment or loans of them, 
shall be specially appropriated to the security and pay- 
ment of such deposits and not to be subject to the other 
liabilities of the corporation ; and for the purpose of 
securing the observance of this proviso, said corporation 
shall have a trust department into which all business 
authorized by this section shall be kept separate and 
distinct from its general business. 

Section 4. Said corporation mav also be appointed ^-"^y^^ !»p" . 

.,, ^ . ".'■'■ pointed trustee 

trustee under any will or instrument creatmg a trust for under win, etc., 

, 3 *' c 4- 1 ?l • creating a tKust. 

the care and management ot property, under the same cir- 
cumstances, 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 stock- 
holders existing thereunder, hereafter referred to, 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, con- 
nected with any authority exercised under this act, all 
accounts, returns and other papers may be signed and 
SAVorn to in behalf of the corporation by any officer 
thereof duly authorized by it, and the answers and exam- 
inations, under oath, of such officer, shall be received as 
the answers and examinations of the corporation, 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 proceed- 
ings or inquiry instead of the corporation -.provided, ho^o- Not to be re- 
ever, that said corporation shall not be required to receive execute trust 
or hold any property or moneys, or to execute any trust, ^f sirT '" *''^" 
contrary to its own desire. f 

Section 5. In the management of money and prop- to be invested 
erty held by it as trustee under the powers conferred in fun^a^efelnT 
the foregoing section, said cor[)oration shall invest the '" *'''^''"" '^'^'"® 
same in the general trust fund of the company referred to 
in section three of this act : provided, that it shall be Provisos, 
competent for the authority making the appointment to 



704 



1887. — Chapter 150. 



Moneys, etc., 
held under pro^ 
visions of sec' 
tions four and 
five, not to be 
mingled with 
capiul stock. 



Limit of liability 
to corporation. 



To make semi^ 
annual returns 
to commis- 
sioners of sav 
Ings banks. 



Commissioners 
to hnve access 
to books, etc. 



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 provided, 
also, that said corporation shall always be l>ouud to follow 
and be entirely governed by all directions contained in 
any will or instrument under which it may act. 

Sectio.v 6. No money, property or securities received 
or held by said company under the provisions of sections 
four and live of this act shall be mino;led with the invest- 
ments of the capital stock, or other moneys or property 
belonging to said corporation, or be liable for the debts 
or obligations thereof. 

Section 7. The total liabilities to this corporation of 
any pers.on, tirm or corporation, other than cities or towns, 
for money borroAved, including in the liabilities of a com- 
pany or firm the lial)ilities of its several members, shall 
at no time exceed one-fifth part of such amount of the 
capital stock of this corporation as is actually paid up, 
and one-tenth part of its deposits. But the discount of 
bills of exchange drawn in good faith against actually 
existing values, and the discount of commercial or busi- 
ness paper actually owned by the person negotiating the 
same, shall not l)e considered as money borro.wed. 

Section 8. Said corporation shall semi-annually make 
a return to the commissioners .of saving banks in this 
Commonwealth, on or before the second Mondays of May 
and November, which shall be signed and sworn to by a 
majority of its board of directors ; and said returns shall 
s])ei ify the following, namely : Capital stock ; amount of 
all money's and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten da3^s ; trust funds or for 
purposes of investment ; number of depositors ; investments 
in authorized loans of the United States or any of the 
New England states or cities or counties or towns, stating 
amount in each ; investments in bank stock, stating amount 
in each ; investments in railroad stock, stating amount in 
each; investments in railroad bonds, stating amount in 
each ; loans on notes of corporations ; loans on notes of 
individuals ; loans on mortgages of real estate ; cash on 
hand ; all as existing at the date of making such returns, 
with the rate, amount and date of dividends since last 
return. The commissioners of savinirs banks shall have 
access to the vaults, books and papers of the company, 



1887. — Chaptek 150. 705 

and It shall be their duty to inspect, examine and inquire 
into its aiiairs, and to take proceedings in regard to them 
in the same manner and to the same extent as if this 
corporation was a savings bank, subject to all the general 
laws which are now or hereafter may be in force relating to 
such institutions in this regard. Such returns required 
to be made to the commissioners of saving-s banks shall be 
in the form of a trial balance of its books, and shall 
specify the diiferent kinds of its liabilities and the difierent 
kinds of its assets, stating the amount of each kind, in 
accordance with a blank form to be furnished by said bunk'^f.l^rm of 
commissioners: and these returns shall be published in •"^'^"'■"s. 
a newspaper of the city of Boston, at the expense of said 
corporation, at such times and in such manner as may be 
directed by said commissioners, and in the annual report 
of said commissioners. 

Section 9. Said corporation shall be subject to the subject to pro- 
provisions of chapter thirteen of the Public Statutes, and israndacu'in' 
any acts now existing, or which may hereafter be passed, ^'«'^°<''^*^"'- 
in amendment or lieu thereof. 

Section 10. Said corporation shall also annually, to make annual 
between the first and tenth days of May, return to the commisRinner of 
tax commissioner a true statement, attested by the oath IfewYn fruTt^*^^^ 
of some officer of the corporation, of all personal property 
held upon any trust on the first day of May which would 
V)e taxable if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in 
this Commonwealth where any beneficiary resided on said 
day, and the aggregate amount of such property then held 
for all beneficiaries resident in each of such cities and 
towns, and also the ao'ofreo^ate amount held for beneficia- 
ries not resident in this Commonwealth, under the pains 
and penalties provided in section fifty-four of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof, for corporations failing to make the returns pro- 
vided by said act. Said corporation shall annually pay Tax payable to 
to the treasurer of the Commonwealth a sum to be ascer- 
tained by assessment by the tax commissioner upon an 
amount equal to the total value of such property, at the 
rate ascertained and determined by him, under section 
forty of chapter thirteen of the Public Statutes and acts 
in amendment thereof. 

Section 11. Said corporation shall also annually, To make annual 
between the first and tenth days of May, return to the commi88*ioner of 



706 



1887. — Chapter 150. 



sums on interest 
or for iuveet- 
ment. 



Tax payable to 
the treasurer. 



Tax not to be 
asBcBsir-d In 
towns where 
beneficiaries 
reside. 



Deposits -with- 
drawable on de- 
mand deemed in 
possession of 
person to 
whom payable. 

May act as agent 
for issuing and 
registering 
bonds, etc. 



tax commissioner a true stntement verified by the oath 
of some officer of the corporation, of tlie amount of all 
sums deposited with it on interest or for investment, other 
than those specified in the tenth and thirteenth sections 
of this act, together with the name of every city and town 
in this Commonwealth where any beneficial owner resided 
on said first day of May, and the aggregate amount of 
such deposits then held for the benefit of persons residing 
in each of such cities and towns, under like penalty. Said 
corporation shall annually pay to the treasurer of the 
Commonwealth a sum to be ascertained by assessment by 
the tax commissioner upon an amount equal to the total 
value of such deposits. at three-fourths the rate ascertained 
and determined by him under section forty of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof. 

Section 12. No taxes shall be assessed in any city or 
town for state, county or town purposes, upon or in 
respect of any such property held in trust or any such 
amounts deposited on interest or for investment, but such 
proportion of the sum so paid by said corporation as cor- 
resjionds to the amount of such property held for benefi- 
ciaries or payable to persons resident in this Common- 
wealth, shall be credited and paid to the several cities 
and towns where it appears from the returns or other 
evidence that such beneficiaries resided on the first day of 
May next preceding, according to the aggregate amount 
so held for beneficiaries and persons residing in such cities 
and towns respectively ; and in resjard to such sums so 
to be assessed and paid as aforesaid, said corporation 
shall be subject to sections one, fifty-three, fifty-seven, 
fifty-eight and fifty-nine of chapter thirteen of the Public 
Statutes and acts in amendment or lieu thereof, so far as 
the same are applical)le thereto. 

Section 13. Deposits with said corporation, which 
can be withdrawn on demand or within ten days, shall, 
for purposes of taxation, be deemed money in possession 
of the person to whom the same is payable. 

Section 14. The said corporation is also authorized 
to act as agent for the purpose of issuing, registering or 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipalit}'-, state or public authority, on such terms as 
may be agreed upon, and may also act as trustees or 



1887. — Chapter 150. 707 

tiuancial or other agent for any person or firm, corpora- 
tion, association, municipality, government, state or na- 
tional authority, and in their behalf to negotiate loans and 
to sell and negotiate the sale of securities, and may also 
act as trustee for the bondholders of corporations, and to 
this end is empowered to receive transfers of real and 
personal property upon such terms as may be agreed 
upon. 

SEcriON" 15. The capital stock of said corporation capital stock 
shall be two hundred thousand dollars, with the privilege power to in- 
to increase the same from time to time to not exceeding |'i'^ooo,ooo. 
one million dollars, and the same shall be paid for at such 
time and in such manner as the board of directors shall 
decide : provided, that no business shall be transacted by 
the corporation until the whole amount is subscribed for 
and actually paid in, and no shares shall be issued until 
the par value of such shares shall have been actually paid 
in in cash. 

Section 16. Said corporation shall be entitled to pur- Reai estate in 
chase and hold real estate in the city of Boston suitable " ^ ° 
for the transaction of its business, to an amount not ex- 
ceeding in value fifty per centum of its capital stock ; and 
the balance of the capital stock shall be invested only in 
the investments authorized by section three of this act 
in the case of moneys or property held in trust or on 
deposit. 

t^ECTiON 17. The shareholders of said corporation Liability of 
shall be held individually liable, equally and ratably, and 
not one for another, for all contracts, debts and engage- 
ments of such association, to the extent of the amount 
of their stock therein at the par value thereof, in addition 
to the amount invested in such shares. The provisions 
contained in chapter one hundred and six of the Public 
Statutes, sections sixty-two to seventy-one inclusive, shall 
apply to and regulate the enforcement of this lial)ility. 

Section 18. The shares of said corporation shall be Bhares trans- 
assignable and transferable accordins: to such rules and ^^^ ^'''^' 
regulations as the stockholders shall, for that purpose, 
ordain and establish, and not otherwise. 

Spxtion 19. This act shall take effect upon its passage. 

Approvad April 4, 1887. 



708 1887. — Chapters 151, 152. 



Ch(ipA5\ An Act to change the name of the ayres manufacturing 

COMPANY. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The name of the Ayres Manufacturing 
Company, a corporation organized under the general laws 
of this Commonwealth is hereby changed to the Hamblin 
and Russell Manufacturing Company. 

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

Approved April 4, 1887. 



Chap.152 



An Act to supply the toavn of ayer with pure water. 
Be it enacted, etc., asfolloivs: 



Water supply SECTION 1. The towu of Aycr may supply itsclf and 
Ayer. its inhabitants with water for the extinguishment of fires 

and for domestic and other purposes ; may establish foun- 
tains and hydrants, re-locate and discontinue the same ; 
may regulate the use of such water, and fix and collect 
rates to be paid for the use of the same. 
May take waters SECTION 2. The Said towu for the purposes aforesaid. 
Pond and water aud for the purposc of obtainino: a supply of water, may 

rishts connected t t t ji r- N t -A t n n •" 

therewith. dtaw and convey dn-ectly from Sandy Fond, so called, in 
said town, so much of the waters thereof, and the waters 
that flow into and form the same, as it may require ; and 
it may take by purchase, or otherwise, and hold any 
water rights connected with said pond, and any springs 
and streams tributary thereto, and the water of any other 
ponds or water sources within the limits of said town, 
and the water rights connected with any of said sources, 
and also all lands, rights of way and easements necessary 
for holding and preserving such water and for conveying 

May erect daras the Same to any part of said town ; and may erect upon 
the land thus taken or held proper dams, buildings, fix- 
tures and other structures, and may make excavations, 
procure and operate machinery, and provide such other 
means and appliances as may be necessary for the estab- 
lishment and maintenance of complete and effective water 

May construct works ; and may construct and lay down conduits, pipes 

condmts."^" 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 when completed shall not un- 
necessarily obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 



1887. — Chapter 152. 709 

pipes and other works, and for all proper purposes of this 
act, said town may dig up, raise and embank any such 
lands or ways in such manner as to cause the least hin- 
drance to public travel on such ways. 

Section 3. The said town shall within ninety days to cause to be 
after the taking of any lands, rights of w\ay, water rights, reg?suyofdeefis 
water sources or easements as aforesaid, other than by fheTa'^ndfet'c","'^ 
purchase, file and cause to. be recorded in the registry of ^^'^^"• 
deeds for the county of Middlesex a description thereof 
sufficiently 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 town shall pay all damages sus- Damages to be 
tained by any person or corporation in property by the town.^ ' ^ 
taking of any land, right^ of way, water, water source, 
water right or easement or any other thing done by said 
town under the authority of this act, except that said 
town shall not be liable to pay any damages resulting 
from taking water from Sandy Pond, other than the Com- 
monwealth itself would be legally liable to pa}'. Any 
person or corporation entitled to damages as aforesaid 
under this act, who foils to aijree with said town as to 
the amount of damages sustained, may have damages as- 
sessed and determined in the manner provided by law 
when land is taken for the laying out of highways, by 
making application at any time within the period of 
three years from the taking of such land or other prop- 
erty or the doing of any other injury under the authority 
of this act ; but no such application shall be made after 
the expiration of said three 3'ears. No application for Application for 
assessment of damages shall be made for the taking of heralfde umii'° 
any water, Avater right, or any injury thereto, until the ait-eTtedf'''"*''^ 
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 ^Jan .lot'*lo''es- 
pa3'ing the necessary expenses and liabilities incurred ceed sTn.oou. 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate seventy-five thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words Ayer 
Water Loan ; shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue ; shall 
bear interest payable semi-annualU' at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 



710 



1887. — Chapter 152. 



lies at public or 
private sale. 



Sinking fund to 
be t'Siablished. 



May nialie an- 
nual proportion- 
ate payments 
instead of estab- 
lishing ainliing 
fund. 



treasurer of the town and be countersigned by the water 
May sell securi- 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 pay the interest on said 
loan as it accrues, and shall provide at the time of con- 
tractins: 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- 
tionate payments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed the amount required 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 maimer as other taxes are assessed, 
under the provisions of section thirty-four of chapter 
eleven of the Public Statutes. 

Section 7. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of 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 amount raised and applied thereunder for the cur- 
rent year. 

Section 8. The said town shall raise annually by tax- 
ation a sura which, with the income derived from the 
water rates, will be suiBcient to pay the current annual 
expenses of operating its water works, and the interest as 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 9. "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 



Return of 
amount of sink- 
ing fund, etc. 



To raise an- 
nually hy taxa- 
tion suffiiient 
for current 
expenses and 
interest. 



Penalty for wil- 
fully diverting 
or corrupting 
waters. 



1887. — Chapter 153. 711 

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 10. The said town shall, after its acceptance water commis. 
of this act at a legal meeting called for the purpose, elect choT/n. ° 
by ballot three persons to hold ofBce, 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 commissionei"s, 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 town by this act, and not otherwise specially 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 vacancies, 
be filled for the remainder of the unexpired term by said 
toAvn at any legal town meeting called for the purpose. 

Section 11. This act shall take effect upon its accept- f"^|fnceby*a 
ance by a two-thirds vote of the voters of said town twotwrds vote. 
present and voting thereon at a legal town meeting called 
for the purpose within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed three. Approved April 5, 1887. 

An Act relating to the salaries of the officers of the QJiavA^S 

BUREAU OF STATISTICS OF LABOR. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section sixteen of chap- salaries estab- 
ter one hundred and eighty-one of the acts of the year *'***^*^" 
eighteen hundred and eighty-four, providing extra com- 
pensation for the officers of the bureau of statistics of 
labor during the years eighteen hundred and eighty-five 
and eighteen hundred and eighty-six, are hereby extended 
to include the year eighteen hundred and eighty-seven. 

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

Approved A2)ril §, 1887. 



712 



1887. — Chapter 154. 



Chap. 154: 



May furnish gas 
to the inhabi- 
tants of Lancas- 
ter. 



BubjRCt to the 
consent of the 
eelectnnen of 
Lancaster, 



Damages. 



Gas Light 
Company may 
increase capital 
stock. 



An Act to authorize the Clinton gas LionT company to in- 
crease ITS capital stock and to furnish gas to the inhab- 
itants OF THE town of LANCASTER. 

Be it enacted, etc., as follows: 

Section 1 . The Clinton Gas Light Company of Clin- 
ton, in addition to the rights and powers conferred upon 
it by its original act of incorporation, and all acts amend- 
atory thereof, is hereby authorized to furnish the inhab- 
itants of the town of Lancaster with gas for illuminating 
or heating purposes. 

Section 2. The said corporation, first having obtained 
the consent of the selectmen of the said town of Lan- 
caster, is hereby authorized, under the direction and 
control of said selectmen, to dig up and open the grounds 
in any of the streets or ways thereof, so far as is neces- 
sary for the purpose of hwing its pipes or other conduits, 
to carry into etfect the authority hereljy given. The said 
corporation shall put all streets and ways which are so 
opened by it into as good repair as they were in when 
opened, and upon failure to do so within a reasonable 
time shall be deemed guilty of a nuisance. 

Section 3. When a party injured in his person or 
property by a defect in a street or way, caused by the 
operations of said corporation in laying down its pipes or 
other conduits, recovers damages therefor of the said town 
of Lancaster, said town shall, in addition to the damages 
so recovered against it, be entitled to recover all the tax- 
able 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 shall have been given to it bv said town of Lan- 
caster, so that it might have defended the original 
action. 

Section 4. The said Clinton Gas Light Company is 
hereby authorized to increase its capital stock to an 
amount not exceedins: two hundred thousand dollars, ana 
to hold real estate to the value of seventy-five thousand 
dollars. 

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

Approved April 11, 1887. 



1887. — Chapters 155, 15G, 157. 713 



An Act to authoktze the old colony historical society to QJiaj) 1 55 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows: 

The Old Colony Historical Society, incorporated by chap- Reai and per- 
ter two hundred and ninety-seven of the acts of the year exceedfng^'' ' 
eighteen hundred and fifty- thyee, is hereby authorized to ^'^^^^'^'^■ 
hold real and personal estate to an amount not exceeding 
fifty thousand doUars. 

Approved April 11^ 1887. 



not 



An Act to establish the salary of the officer in attend- Ql^n'ry 1 55 
ANCE AT THE SESSIONS OF THE PROBATE COURT AND THE COURT "' 

OF INSOLVENCY IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The pfBcer in attendance at the sessions Salary 
of the probate court and the court of insolvency in the '''*^'^"*'^^<^- 
county of Suffolk shall receive an annual salary of thir- 
teen hundred dollars, to be paid from the treasury of said 
county in monthly instalments, in full for all services per- 
formed by him. 

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

Approved April 11, 1887. 

An Act to incorporate the vineyard haven water company. (JJinry 157 
Be it enacted, etc., as follows : 

Section 1. Orson G. Stanley, Benjamin C. Mudge, vineyardHaveu 
Harry Castello, William Barry Owen and Louis O. Z^otlo^ZT^ 
Johnson, their associates and successors, are hereby 
made a corporation by the name of the Vineyard Haven 
Water Company, for the purpose of supplying the inhab- 
itants of that portion of the town of Tisl3ury known as 
Vineyard Haven 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 this corporation. 

Section 2. The said corporation may take and hold May take, by 

1 , -, 1.1 purchase, water 

oy purchase, and not otherwise, the water of any well or ofweiisand 
wells, spring or springs, pond or ponds within the limits ^^''"'^^' 
of that part of Tisbury called Vineyard Haven, and con- 
vey the same through any portion of said Vineyard Haven 



714 



1887. — Chapter 157. 



May purchase 
real estate. 



May lay pipes 
through private 
lands with con- 
sent of owners. 



Maj' dig up 
roads, with con- 
sent of the 
selectmen of 
Tisbury. 



May distribute 
water, and nx 
and collect 
water rates. 



Real estate, 
capital stock 
and shares. 



May issue bonds 
and secure by 
mortgage. 



Penalty for wil 

fully polluting 
or diverting 
■water. 



for the purposes specified in this act. And the said cor- 
poration may purchase and hold any real estate within 
the said limits necessary for the construction and mainten- 
ance of its works and for the protection of its water 
from encroachment or pollution, and for the purpose of 
building dams, reservoirs and aqueducts, and the laying 
of pipes. The said corporation may, on consent of or 
agreement with the owner,' lay its water pipes through 
any private lands, with the right to enter upon the same 
and dig therein for the purpose of making all necessary 
repairs or service connections ; and for the purposes 
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, with the consent and under the direction of the 
board of selectmen of the town of Tisbury, enter upon 
and dig up any road or other way for the purpose of 
laying or repairing its aqueducts, pipes or other works; 
and in general may do any acts convenient or proper for 
carrying out the purposes of this act. 

Section 3. The said corporation may distribute 
water through that portion of the town of Tisbury known 
as Vineyard Haven ; may regulate the use of said water 
and fix and collect rates to be paid for the use of the 
same, and mav make such contracts with the said town or 
with any fire district that is or may hereafter be estab- 
lished 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 4. 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 thirty thousand 
dollars, to be divided into shares of one hundred dollars 
each. Said corporation may issue bonds bearing interest 
at a rate not exceeding six per cent, per annum, and 
secure the same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 5. Whoever wilfullj'' or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 



1887. — Chaptee 157. 715 

owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment in the jail not 
exceeding one year. 

Section 6. The said town of Tisbury or any fire dis- Town or a tire 
trict that is or may hereafter be legally organized therein take^fra^cwse 
shall have the right at any time to take, by purchase or proVenr^^any 
otherwise, the franchise, corporate property and all the ^""e- 
rights and privileges of said corporation, on payment to 
said corporation of the total cost of its franchise, works 
and property of any kind held under the provisions of 
this act, including in such cost interest on each expendi- 
ture from its date to the date of taking, as hereinafter 
provided, at the rate of seven per centum per annum. 
If the cost of maintaining and operating the works of 
said corporation shall exceed, in any year, the income 
derived from said works by said corporation for that year, 
then such excess shall be added to the total cost ; and if 
the income derived from said works by said corporation 
exceeds, in any year, the cost of maintaining and operat- 
ing said works for that year then such excess shall be 
deducted from the total cost. The said town or fire dis- 
trict on taking, as herein provided, the property of said 
corporation, shall assume all of its outstanding obliga- 
tions, including the bonds authorized by this act, and the 
amount thus assumed shall be deducted from the total 
amount to be paid by said town or fire district to said 
corporation. In case of a foreclosure of the bonds au- 
thorized by this act, the said town or fire district may take 
possession of the property and rights of said corporation 
on the payment of said bonds, principal and interest. In 
case said town or fire district and said corporation are 
unable to agree upon the amount of the total cost of the 
franchise, corporate property, rights and privileges of 
said corporation, then, upon a suit in equity by said town 
or fire district, the supreme judicial court shall ascertain 
and fix such total cost under the foregoing provisions of 
this act, and enforce the right of said town or fire dis- 
trict to take possession of such frnnchise, corporate prop- 
erty, rights and privileges upon payment of such cost to 



716 1887. — Chapter 157. 

Subject to assent gaicl corporatioii. This authority to take said franchise 
vute. and property is granted on condition that the taking is 

assented to by said town or fire district by a two-thirds 
vote of the voters of said town or fire district present and 
voting thereon at a meeting legally called for that purpose. 
Tisburjor SECTION 7. The Said town or such fire district may, for 

Wat'e^r\oan'! * the purposc of paying the cost of said franchise and cor- 
porate 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 thirty thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words : — Tis- 
bury or Vineyard Haven 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 com- 
missioners hereinafter provided for. The said town or 
such fire district may sell such securities at public or 
private sale, or pledge the same for money borrowed for 
the purposes of this act, upon such terms and conditions 
Sinking fund to as it may deem proper. The said town or such fire dis- 
be cMabiiehed. ^Hct shall provldc, "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 accum- 
ulations thereof, to pay the principal of said loan at 
maturity. The sinking fund shall remain inviolate and 
pledged to the payment of said loan and shall be used for 
no other purpose. 
May make an- SECTION y. The Said towu or sucli fire disti'ict, in- 
atepaym-nte stcad of establishing a sinking fund, may, at the time of 
lu-^hiTg 8*inkTng ' authorizing 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 without further vote be assessed by the as- 
sessors 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 pro- 
visions of section thirty-four of chapter eleven of the 
Public Statutes. 
Return of^ SECTION 9. The rctum required by scction niuety-onc 

Binbingfund. of chapter eleven of the Public Statutes shall state the 



1887. — Chapter 157. 717 

juiionnt 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 10. The said town or such fire district shall Jn^.u'LuMxf.tion 
raise annually by taxation a sura which, with the income Btiffident for 

•^ •* current ex- 

deriv'ed from the water rates, will be sufficient to pay the pensesaiui 
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- 
visions of this act. 

Section 11. The said town or such fire district shall, JotTsTbe'"' 
after its purchase of said franchise and corporate prop- elected. 
erty, 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 ex- 
piration of two years and one until the expiration of oue 
year from the next succeeding annual town meeting or 
annual meeting of such fire district, to constitute a board 
of water commissioners ; and at each annual town meet- 
ing 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 
specially provided for shall be vested in said water com- 
missioners, who shall be subject however to such instruc- 
tions, rules and regulations as said town or such fire 
district may impose by its vote. The said commissioners Commissiotiers 
shall be trustees of the sinking fund herein provided for, IL sinking ''^ ° 
and a majorit}^ 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, 
occurring in said board from any cause may be filled for 
the remainder of the unexpired term l)y said town or such 
fire district at any legal meeting of said town or of such 
fire district called for the purpose. 

Section 12. This act shall take effect upon its passage, Work to be 
l)Ut shall become void unless work under this act is com- wiaihftwo 
menced within two years from the date of its passage. ^'^"** 

Approved April 11, 1887. 



718 



1887. — Chapter 158. 



Chap.158 



Brighatn Fac- 
tory Company 
incorporated. 



May bold land 
in town of 
Whitman. 



An Act to incorporate the brigham factory company. 

Be it enacted, etc. , as follows : 

Section 1. David B. Gurney, William H. Dunbar, 
Henry Hobart, Hosea F. Whidden, William L. Reed, 
George A. Reed, David A. Gurney, Charles E. Phillips, 
Jacob P. Bates, George O. Jenkins, Hiram H. Jenkins, 
Randall W. Cook, Charles Conant, Obed H. Ellis and 
Charles H. Edson, their associates and successors, are 
hereby made a corporation by the name of the Brigham 
Factory Company, for the purpose of purchasing and 
maintaining a fjictory to be used for the manufacture of 
boots and shoes and for other manufacturing purposes ; 
and for the purposes herein named said corporation shall 
have all the powers and privileges, and be subject to ail 
the duties, restrictions and liabilities set forth in the gen- 
eral laws which now are or hereafter may be in force 
relating to such corporations ; and shall have power to 
purchase, lease and hold in fee simple or otherwise all or 
any part of that tract of land situated in the town of 
Whitman in this Commonwealth lying on the south side 
of South Avenue and bounded as follows: — Beginning 
at the northeast corner of the lot on said South Avenue 
and at the northwest corner of the homestead lot of 
Andrew C. Brigham and at the centre of a stone monu- 
ment set in the earth ; thence by said South Avenue, 
south sixty-nine degrees thirty minutes west, one hun- 
dred and tifty-two feet to the centre of a stone monument 
set in the earth at the northeast corner of land of David 
B. Gurney ; thence south seventeen degrees thirty-five 
minutes east, one hundred and sixty-five feet to the cen- 
tre of a stone monument set in the earth ; thence south 
seventy-two degrees twenty-five minutes west, one hun- 
dred tifty-nine and five-tenths feet to the centre of a 
stone monument set in the earth in the easterly line of 
Hobart Square ; thence south thirty degrees thirty min- 
utes east, by said Hobart Square and land of Amelir 
Dunbar, one hundred seven and eight-tenths feet to the 
centre of a stone monument set in the earth; thence south 
twenty degrees thirty-five minutes east, by said land of 
said Dunbar, seventy-four and five-tenths feet to the cen- 
tre of a stone monument set in the earth at land of said 
Brigham ; thence north sixty-seven degrees forty minutes 
east, by said land of said Brigham, three hundred and ten 



1887. — Chapters 159, 160. 719 

feet to the centre of a stone monument set in the earth at 
land of said Brigham ; thence north seventeen degrees 
fifteen minutes west, by said land of said Brigham, three 
hundred and thirty-two feet to the point of beginning ; 
toffether with the buildino-s thereon and the eng-ine, boilers, 
shafting and other appurtenances thereto belonging. 

Section 2. The said corporation shall have the power May erect and 
to erect and maintain factory buildings and other build- ™nTother'*''^°'^^ 
ings and structures on its land and otherwise improve the ^"''<^'"g«- 
same, and to sell, lease, mortgage or otherwise dispose of 
its corporate property or any j)art thereof. 

Section 3. The capital stock of said corporation capital stock 
shall not exceed twenty-four thousand dollars divided ^"''*'^*'^''*' 
into shares of one hundred dollars each : provided, how- 
ever, that no liability shall be incurred until seventeen 
thousand dollars of the capital stock has been paid in, in 
cash. 

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

Approved April IJ, 1887. 

An Act to establish the salary of the county treasurer QJiqv) ]^59 

of hampshire county. 

'Be it enacted, etc., as follows: 

Section 1. The salary of the county treasurer of fg°'*,Ji^jgijg^^ 
Hampshire county shall hereafter be eight hundred dol- 
lars a year. 

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

Approved April 11, 1887. 

An Act to establish the salaries of the district attorney^ CJiClB.XQO 

THE ASSISTANT DISTRICT ATTORNEYS AND THE CLERK OF THE 
DISTRICT ATTORNEY, FOR THE SUFFOLK DISTRICT. 

Be it enacted, etc., as follows : 

Section 1. The salary of the district attorney for the salaries 
Suffolk district shall be live thousand dollars a year ; ^^tawished. 
the salary of the first assistant district attorney for the 
Suffolk district shall be twent3^-eight hundred dollars a 
year ; the salary of the second assistant district attorney 
for the Suffolk district shall be twenty-five hundred dol- 
lars a year ; the salary of the clerk of the district attor- 
ney for the Suffolk district shall be twelve hundred 
dollars a year ; and at the same rates for any part of 
a 3 ear. 



720 , 1887. — Chapters 161, 162, 163. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 3. This act shall take effect upon its passage. 
\ Approved April 11, 1887. 

GhCl7).\Q\ ^'^ ^^"^ RELATING TO THE WATER LOAN OF THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

t^e^ck 'of Lynn. SECTION 1. Scction fivc of chapter two hundred and 
Amendments to eighteen of the acts of the year eighteen hundred and 
seventy-one is hereby amended in the concluding para- 
graph by striking out the words " the mayor, city treas- 
urer and president of the common council," and inserting 
in lieu thereof the words: — the commissioners of the 
city del)t sinking funds, — so that the same as amended 
shall read as follows, namely: — The commissioners of 
the cit}^ debt sinking funds for the time being shall be 
trustees of said fund and shall whenever required by the 
city council render an account of all their doings in 
relation thereto. 

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

Ajij^rooed April 11, 1887. 

Ck(l7) 162 ^^ '^^^ ^^ RELATION TO THE ERECTION AND MAINTENANCE OF 
GUIDE-POSTS AT CROSSINGS AND FORKS OF HIGHWAYS. 

Be it enacted, etc., as follows: 

Guide-posts for Scctiou ouc of chapter fifty-three of the Public Stat- 
traveueri!"" °^ utcs is hereby amended so as to read as follows : — Every 
town shall in the manner provided in this chapter erect 
and maintain guide-posts on the highways and other ways 
within the town, at such places as are necessary or con- 
venient for the direction of travellers, and shall erect and 
maintain such guide-posts at such forks or intersections 
of such highways and other ways as lead to adjoining 
towns or cities. Approved April 11, 1887. 

(7^.«».163 ^^ ^^^ '^^ ESTABLISH THE SALARIES OF* THE JUSTICES OF THE 

MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., asfoUoios: 

Salaries SECTION 1. The chicf iusticc of the municipal court 

of the city of Boston shall receive an annual salary of 
forty-three hundred dollars, and each of the associate 
justices of said court an annual salary of four thousand 
dollars, to be paid by the county of Suffolk. 



1887. — Chapters 164, 165, 166. 721 

Section 2. All acts and parts of acts inconsistent Repeal- 
herewith are hereby repealed. 

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

Approved April 11, 1887. 

An Act to establish the salary of the sheriff of essex (Jhnq^ 1 (54 

COUNTY. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Beginning with the first day of January, saiary 
eighteen hundred and eighty-seven, the salary of the ®*'^'^''''^'^^'*- 
sheriff of Essex county shall be two thousand dollars per 
annum. 

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

Approved April 11, 1887. 



Chap. 165 



An Act making an appropriation for preparation for pub- 
lication AND for the publication OF THE PROVINCIAL LAWS. 

Be it enacted, etc., as foUoivs: 

The sum hereinafter mentioned is appropriated, to be Appropriation 
paid out of the treasury of the Commonwealth, from the etlfoahepro- 
ordinary revenue, for the purpose of continuing the prep- ^"ciaiiaws. 
aration for publication, and for the publication of the 
provincial laws during the year eighteen hundred and 
eighty-seven, as provided in chapter forty- three of the 
resolves of the year eighteen hundred and sixty-five, but 
subject to the provisions and limitations embraced in 
chapter fifty-six of the resolves of the year eighteen hun- 
dred and eighty-four, to wit : — For compensation and 
expenses of the editor, for salaries of copyists, and for 
other expenses in connection with the preparation for 
publication, and for the publication of the provincial laws, 
a sum not exceeding ten thousand five hundred and forty- 
five dollars. Approved April 12. 1887. 



An Act to establish th? salary of the judge of the pro- 
bate COURT for the county OF BARNSTABLE. 



Cha2J.16(S 



Be it enacted, etc., as folloios: 

Section 1. The judge of the probate court for the saiary 
county of Barnstable shall receive an annual salary of ^*'»''''»'^^«'- 
twelve hundred dollars. 

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

Approved April 13, 1887. 



722 



1887. — Chapters 167, 168. 



{Jfiav.XOn An Act to authorize the clarke institution for deaf mutes 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc. , as follows : 
May hold addi. SECTION 1. The Clarke Institution for Deaf Mutes is 

tional real and i-iiiiii ij pi 

personal estate, hereby authorizecl to hold real and personal estate tor the 
purposes named in its act of incorporation to an amount 
not exceeding two hundred thousand dollars, in addition 
to the amount it is now authorized to hold. 

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

Approved April 13, 1887. 



ChaV 168 ^^ ^^^ "^^ AUTHORIZE THE OAKLAND GARDEN ASSOCIATION TO 
PURCHASE ADDITIONAL REAL ESTATE, TO ERECT DWELLING 
HOUSES AND OTHER BUILDINGS ON ITS LANDS, TO ISSUE BONDS, 
TO SELL AND CONVEY ITS REAL ESTATE, AND TO INCREASE ITS 
CAPITAL STOCK; AND CONFIRMING THE PURCHASES OF ALL REAL 
ESTATE HERETOFORE MADE BY SAID ASSOCIATION. 



Oakland Garden 
Association may 
purchase addi- 
tional real 
estate. 



May issue 
bonds. 



May sell any 
part of real 
estate. 



Capital stock 
and shares. 



Be it enacted, etc., as follows: 

Section 1. The Oakland Garden Association may 
purchase from time to time such additional real estate in 
the territory bounded by Blue Hill avenue, Glen road, 
Erie street, New Seaver and Seaver streets, in the city of 
Boston, as its stockholders shall, by vote at a meeting or 
meetings called for the purpose, authorize to be pur- 
chased ; and may erect on the lands now owned or 
hereafter acquired by it such dwelling houses and other 
buildings as its directors shall deem expedient ; and may 
issue bonds to an amount not exceeding one hundred 
thousand dollars for the purpose of erecting such dwelling 
houses and other buildings and funding its floating debt ; 
and may sell aad convey from time to time any part or 
parts or the whole of the real estate now owned or here- 
after acquired by it, such sales and conveyances having 
been first authorized by vote of its stockholders at a 
meeting or meetings called for the purpose ; and may in- 
crease its capital stock by an amount not exceeding one 
hundred thousand dollars, making the whole capital stock 
of said association not to exceed two hundred thousand 
dollars ; and all purchases of real estate heretofore made 
by said association are hereby ratified and confirmed. 

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

Approved April 13, 1887. 



1887. — Chapter 169. 723 



An Act to incorporate the north easton water company. (7Att79.169 
Be it enacted, etc., as follows: 

Section 1. Frederick L. Ames, Oakes A. Ames, North Easton 
John H. Swain, George B. Cogswell, George W. Ken- incorpora^d?"^ 
nedy, George K. Davis, Cyrus Lothrop, Pardon A. Gif- 
forcl, their associates and successors, are hereby made a 
corporation by the name of the North Easton Water 
Company, for the purpose of supplying the inhabitants of 
the town of Easton, or of any part thereof, with water for 
domestic, manufacturing and other purposes, including 
the extinguishment of fires ; with all the powers and priv- 
ileges, and subject to all the duties, restrictions and lia- 
bilities 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. 

Section 2. The said corporation, for the purposes May take and 
aforesaid, may take, by purchase or otherwise, and hold Ques^Hve". 
the water of Queset river at any point above Stone's pond 
dam in the town of Easton, or the waters of any springs 
or other sources on the water-shed of said river above 
said dam, with the water rights and water sources con- 
nected therewith, and also all lands, rights of way and 
easements necessary for holding and preserving such 
water, and for conveying the same to any part of said 
town ; and may erect on the land thus taken or held ^nYSingsr^ 
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 eflective water works ; and may construct and 
lay down conduits, pipes and other works under or over 
any lands, water courses, railroads or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same; and for the purpose May dig up 
of constructing, maintaining and repairing such conduits, ^" ^'^'^' 
pipes and other works, and for all proper purposes of this 
act said corporation may dig up any such lands, and 
under the direction of the l)oard of selectmen may enter 
upon and dig up any such Av^ays in such manner as to 
cause the least hindrance to public travel on such ways. 

Section 3. The said corporation shall, within sixty to cause to be 
days after the taking of any lands, rights of way, water rog?8tryof'dced8 
rights, water sources or easements as aforesaid other than rheTanl^taken"/ 



724 



1887. — Chapter 169. 



Damages. 



No application 
to be made for 
agBeesment of 
damages until 
water is ac- 
tually diverted. 



May distribute 
water, and fix 
and collect 
water ratfs. 



Real estate not 
to exceed 
$20,000. 

Capital stock, 
$75,000. 



Bonds. 



by purchase, file and cause to be recorded in the registry 
of deeds for the county of Bristol a description thereof 
sufficient!}" accurate for identification, with a statement of 
the purpose for which the same was taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corpora- 
tion, under the authority of this act. Any person sus- 
taining damages as aforesaid under this act, who fails to 
agree with said corporation as to the amount of damages] 
sustained, may have the damages assessed and determined! 
in the manner provided by law when land is taken for the] 
laying out of highways, on application at any time within! 
the period of three 3'ears from the taking of such land orj 
other property or the doing of any other injury under the 
authority of this act ; but no such application shall be] 
made after the expiration of said three years. No appli- 
cation for assessment of damages shall be made for thej 
taking of any water, water right or water source, or for 
any injury thereto until the water is actually' withdrawn orl 
diverted by said corporation under the authority of this act.f 

Section 5. The said corporation may distribute the] 
water through said town of Easton, may regulate the 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 said town, or any firel 
district or other district that is or may hereafter be estab- 
lished therein, or any individual or corporation, may] 
make such contracts with it to supply water for the ex- 
tinguishing of fires or for other purposes as may be agreed! 
upon by said town, district, individual or corporation and] 
said North Easton Water Company. 

Section 6. The said corporation may, for the pur-j 
poses set forth in this act, hold real estate not exceeding] 
twenty thousand dollars ; and the whole capital stock of 
said corporation shall not exceed seventy-five thousand] 
dollars, to be divided into shares of one hundred dollarsj 
each ; and said corporation may issue bonds to an amount 
not exceeding the amount of its capital stock actually 
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. 



1887.— Chapter 169. 725 

Section 7. Whoever wilfully or wantonly corrupts, Penalty for wii- 
pollutes or diverts any of the waters taken or held under or Jhenfnl '"^ 
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- 
ajres 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 in the jail not 
exceeding one year. 

Section 8. The said corporation may by vote from to determine 
time to time fix and determine what amount or quantity amouiTt of water 
of water it purposes to take and appropriate under this ufken.*^ '° ^^ 
act ; in which case the damages for such taking shall be 
based upon such amount or quantity until the same shall 
be increased by vote or otherwise, in which event said 
corporation shall be further liable only for the additional 
damages caused by such additional taking. 

Section 9. The said town of Easton, or the incorpo- Town or fire 
rated district therein known as the North Easton Village take property 
District, shall have the right at any time to take, by pur- anyt[me! '^^ ** 
chase or otherwise, the franchise, corporate property and 
all the rights and privileges of said corporation on pay- 
ment to said corporation of the total cost of its franchise, 
works and property of any kind, held under the pro- 
visions of this act, including in such cost interest on each 
expenditure from its date to the date of taking, as here- 
inafter provided, at the rate of seven per centum per 
annum, and said North Easton Village District may exer- 
cise the powers of a fire district under the general laws 
relating to fire districts. 

If the cost of maintaining and operating the works of ittn°g*exceTcu" 
said corporation shall exceed in any year the income |"°braddldto* 
derived from said works by said corporation for that year, total cost; if 
then such excess shall be added to the total cost; and if costofoperat- 
the income derived from said works by said corporation io^be deducted, 
exceeds in any year the cost of maintaining and operating 
said works for that year, then such excess shall be deducted 
from the total cost. The said town or district on taking 
as herein provided the property of said corporation, shall 
assume all of its outstanding ol)ligations including the 
bonds authorized by this act, and the amount thus 
assumed shall be deducted from the total amount to be 



726 1887. — Chapter 169. 

paid by said town or district to said corporation. In case 
of a foreclosure of the bonds authorized by this act, the 
said town or district may take possession of the property 
and rights of said corporation on the payment of said 
bonds, principal and interest. In case said town or dis- 
trict and said corporation are unable to agree upon the 
amount of the total cost of the franchise, corporate prop- 
erty, rights and privileges of said corporation, then, upon 
a suit in equity by said town or district, the supreme 
judicial court shall ascertain and fix such total cost under 
the foregoing provisions of this act, and enforce the right 
of said town or district to take possession of such fran- 
chise, corporate property, rights and privileges upon pay- 
subjecttoasBent mcut of such cost to Said corporatiou. This authority to 
vote. take said iranchise and property is granted on condition 

that the taking is assented to by said town or district by 
a two-thirds vote of the voters of said town or said dis- 
trict present and voting thereon at a meeting legally called 
for that purpose. 
Mayj88ue Section 10. The said town or district may, for the 

not exceeding purposc of paviuo; the cost of said franchise and corporate 
' ■ property and the necessary expenses and liabilities in- 

curred under the provisions of this act, issue from time 
to time bonds, notes or scrip to an amount not exceeding 
in the aggregate seventy-five thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
Easton Water Loan, or North Easton Village District 
Water Loan ; shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue ; shall 
bear interest payable semi-annually at a rate not exceed- 
Bondstobe inor six Dcr ccntum per annum, and shall be sio;ned by the 

signed by treas- <=> i i ... . ,, • i i 

urerandcoun- treasurer oi said town or district and be countersigned by 
commsBion^rs. the watcr commissioners hereinafter. provided for. The 
said town or 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 
May provide for as it may deem proper. And said town or district shall 
shilTtfg fund%r pay the interest ui3on said loan as it accrues, and shall 
proportloJiate providc for the payment of said principal at maturity by 
payments. establishing at the time of contracting said debt a sinking 
fund, or from year to year, by such proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed by this act. In case said district shall decide to 
establish a sinking fund, it shall contribute thereto 



1887. — Chapter 169. ■ T27 

k 

annually a sum sufficient with its accumulations to pay 
tlie 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 expenses. 

Section 11. The returns required by section ninety- Return of state- 
one of chapter eleven of the Public Statutes shall state f^nd' etc'"^'"^ 
the amount of any sinking fund established under this 
act, and if none is established whether action has been 
taken for the payment of annual proportions of said bonded 
debt as hereinbefore provided, and the amount raised and 
expended therefor for the current year. 

Section 12. After the purchase of said franchise and to raise an- 
corporate property as herein provided, the said town or come^andtaia- 
district shall raise annually by taxation a sum which, for^curSnt^"* 
with the income derived from the sale of water, shall be f^tP^est^ ^°** 
sufficient to pay the current annual expenses of operating 
its "vv\ater 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. Said town or district is further authorized, by May enlarge 
assent of two-thirds of the voters of said town or district ^f"'\T°'".^„^ ^y 

a two-thirds 

present and voting thereon at a legal meeting called for vote, 
the purpose, to raise by taxation any sum of money for 
the purpose of enlarging or extending its water works 
and providing additional appliances and fixtures connected 
therewith not exceeding three thousand dollars in any 
one year. 

Section 13. Whenever a tax is duly voted by said Taxes to be 
town or district for the purposes of this act, the clerk coireXdfn 
shall render a certified copy of the vote to the assessors as'itowTtaxe*. 
of the town of Easton, 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 toAvn taxes, and, if a district tax, 
shall deposit the proceeds thereof with the district treas- 
urer for the use and benefit of said district. Said district 
may collect interest on taxes when overdue in the same 



728 



1887. — Chapter 169. 



Water commis- 
eioners to be 
elected. 



To be trustees 
of sinking fund, 



Vacancies. 



To make 
annual report. 



Mt-etings may 
be called as by- 
laws prescribe, 
etc. 



manner as interest is authorized to be collected on unpaid 
town taxes : provided, said town or district at the time of 
votino" to raise a tax shall so determine and shall also fix 
a time for the pa3'ment thereof. 

Section 14. The said town or district shall, after its 
purchase of said franchise and corporate property as pro- 
vided 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 succeeding annual meeting, to constitute a board of 
water commissioners ; and at each annual 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 or district by this act, and not otherwise speci- 
fically provided for, shall be vested in said board of water 
commissioners who shall be subject however to such in- 
structions, rules and- regulations as said town or district 
may impose by its vote. The said commissioners shall 
be the 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 oc- 
curring in said board from any cause may be filled for the 
remainder of the unexpired term by said town or district 
at any legal meeting called for the purpose. No money 
shall be drawn from the town or district treasury on 
account of said water works except by a written order 
of said commissioners or a majority of them. Said 
commissioners shall annually make a full report to said 
town or district, in writing, of their doings and expen- 
ditures. 

Section 15. The said town or district may adopt by- 
laws prescribing by whom and how meetings may l)e 
called and notified ; but meetings may also be called on 
application of seven 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 town or 
district may also provide rules and regulations for the 
management of its water works not inconsistent with this 
act or the laws of the Commonwealth, and may choose 
such other officers not provided for in this act as it may 
deem proper and necessary. 



1887. — Chapters 170, 171. 729 

Section 16. This act shall take eflfect upon its pass- work to be 
age, but shall become void unless work under this act is wuiiuftwo 
commenced within two years from the date of its passage. ^'''''"• 

A2:)23roved April 14, 18S7. 



An Act relating to annual meetings and reports of the (JJiap.VJO 

TRUSTEES of STATE LUNATIC HOSPITALS. 

Be it enacted, etc., asfolloivs: 

Chapter eighty-seven of the Public Statutes is hereby Annual reports 
amended b}' striking out section nine of said chapter, and of state' "unatk; 
substituting therefor a new section as follows : — Sec- ^°*p*'^'''- 
Hon 9. There shall be thorough visitations of each hos- 
pital by two of the trustees thereof monthly, and by a 
majority of them quarterly, and by the whole board semi- 
anuuallv, at each of which a written accoujit of the state 
of the institution shall be drawn up, which shall be pre- 
sented at the annual meeting to be held between the first 
days of the months of October and November. At the 
annual meeting a full and detailed report shall be made, 
exhibiting a particular statement of the condition of the 
hospital and all its concerns, with a list of the salaried 
officers and their salaries, and in a tabular form, under 
the heads specified in section seven of chapter seventy- 
nine of the Public Statutes, the value of the stock and 
supplies, to be laid before the governor and council on or 
before the first day of November, for the use of the gov- 
ernment ; and at the same meeting the treasurer shall 
present to the trustees his annual report on the finances 
of the institution ; both of which reports shall be made 
up to the thirtieth day of September inclusive. 'Jlie 
trustees shall audit the report of the treasurer, and 
transmit it with their annual report to the governor and 
council. 

Approved April 14, 1887. 

An Act to establish the salary of the justice of the (JJiaij.VIX 

POLICE court of SPRINGFIELD. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. The justice of the police court of Spring- salary 
field shall receive an annual salary of two thousand***^ 
dollars. 

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

Approved April 14, 1887. 



730 



1887. — Chaptees 172, 173. 



May increase 
capital stock. 



Chan.VT^ An act to authorize the milford electric light and 

POWER company to increase its capital stock. 

Be it enacted, etc., as follows : 

Section 1. The Milford Electric Light and Power 
Company, incorporated under the provisions of chapter 
two hundred and forty-three of t|ie acts of the year 
eighteen hundred and eighty-six, is hereby authorized to 
increase its capital stock to the amount of sixty thousand 
dollars. 

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

Approved April 14, 1887. 



Chon.VIS ^^ ^^"^ "^^ SECURE THE PROPER VENTILATION OF FACTORIES AND 

WORKSHOPS. 



Proper ventila- 
tion for factories 
and worlsshops. 



Inspector of 
factories to see 
that provisions 
are enforced. 



Penalty. 



Be it enacted, etc., as follows: 

Section 1. Every factory in which five or more per- 
sons are employed, and every workshop in which chil- 
dren, young persons or women, five or more in number, 
are employed, shall be so ventilated while work is carried 
on therein that the air shall not become so exhausted as to 
be injurious to the health of the persons employed therein, 
and shall also be so ventilated as to render harmless, so 
far as is practicable, all the gases, vapors, dust or other 
impurities generated in the course of the manufacturing 
process or handicraft carried on therein that may be 
injurious to health. 

Section 2. If in a factory or workshop included in 
section one of this act any process is carried on by which 
dust is generated and inhaled to an injurious extent by 
the persons employed therein, and it appears to an in- 
spector of factories that such inhalation could be to a 
great extent prevented by the use of a fan or other 
mechanical means, and that the same could be provided 
without excessive expense, such inspector may direct a 
fan or other mechanical means of a proper construction 
to be provided within a reasonable time, and such fan or 
other mechanical means shall be so provided, maintained 
and used. 

Section 3. Any person employing labor in a factory 
or workshop and violating any provision of this act shall 
be punished by fine not exceeding one hundred dollars ; 
but no criminal prosecution shall be made for any such 



1887. — Chapters 174, 175, 176. 731 

violation unless such employer shall have nes^lected for 
four weeks to make such changes in his factory or work- 
shop as shall have been ordered by an inspector of facto- 
ries by a notice in writing delivered to or received by 
such employer. Approved April 14, 1S87. 

An Act to establish the salary of the clerk of the fourth (JJiap.VI4: 

DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the fourth district court of s^ia^y^^^^ 
eastern Middlesex shall receive an annual salary of eight 
hundred dollars. 

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

Approved April 14, 1887. 



An Act to establish the salary op the clerk of the munic- 
ipal COURT of the CHARLESTOWN DISTRICT OF THE CITY OF 
BOSTON. 



Chajy.VIS 



Be it enacted, etc., as follows. 



Section 1. The clerk of the municipal court of the Saiary 



Charlestown district of the city of Boston shall hereafter 
receive an annual salary of thirteen hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved April 14, 1887. 

An Act to authorize the burnham industrial farm of new 

YORK TO hold REAL ESTATE IN THIS COMMONWEALTH. 



established. 



Chajy.l^Q 



Be it enacted, etc., as follows : - 

Section 1. The Burnham Industrial Farm, incorpo- May hold real 
rated by a special act of the legislature of the state of commouweaith. 
New York, for charitable purposes, is hereby authorized 
to hold real estate in this Commonwealth, for the pur- 
poses for which it was incorporated : provided, that the Proviso, 
annual income or rental value of such real estate shall not 
exceed the sum of one thousand dollars. 

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

Ajjjyroved April 14, 1887. 



732 



1887. — Chapters 177, 178. 



Board of police 
for Boston may 
appoint a re- 
serve police 
force. 



ChCip.VJl -^^ ^^"^ ^*^ PROVIDE FOR THE APPOINTMENT OF A RESERVE POLICE 

FORCE IN THE CITY OF BOSTON. 

Be it enacted, etc. , as foUoius : 

Sectiox 1. The board of police for the cit}' of Bos- 
ton may, from time to time as authorized by said city and 
under such rules as the civil service commissioners of the 
Commonwealth prescribe, appoint suitable persons to 
constitute a reserve police force for said city, who shall 
be subject to such rules and regulations as the board of 
police may from time to time prescribe, and who may be 
removed by said board for any reason satisfactory to it. 
Said board of police may assign the members of said 
reserve police force to duty in said city whenever and for 
such time as it shall deem necessary, and when on duty 
they shall have and exercise all the powers and duties 
held and exercised by the police of said city. 

Section 2. All appointments upon the regular police 
force of said city shall be made from the reserve police 
force, under such rules as the civil service commissioners 
of the Commonwealth may prescribe ; and service on the 
reserve police force for not less than six months shall be 
deemed to be equivalent to the probationary period now 
required by the rules of said commissioners. 

Section 3. The members of the reserve police force 
shall be paid by the city of Boston when on duty such 
compensation, not exceeding two dollars and fifty cents 
per day, as the board of police may from time to time 
prescribe. 

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

Approved April 14, 18S7. 



Appointments 
upon the regular 
force to be made 
from reserve. 



Compensation. 



Chan.VIS -^^ ^^^ '^'^ provide for pensioning members of 

T>r^T Ti^TJ* T\T7T> A r>'l»1lTT?'KT'Tl ^ 



THE BOSTON 



POLICE DEPARTMENT. 



Disabled mem- 
bers may be 
retired and 
pensioned. 



Be it enacted, etc., as follows: 

Section 1. The board of police for the city of Bos- 
ton, by the affirmative vote of all the members and with 
the approval of the mayor, may retire from office any 
member of the police department who has become dis- 
abled while in the actual performance of duty, or any 
member who has performed faithful service in the depart- 
ment for a period of not less than fifteen consecutive 
years, and place the member so retired upon a pension 



1887. — Chapter 179. 733 

roll. No such member shall be placed on the pension 
roll unless it shall be certified to the board in writing by 
the city physician that such member is permanently in- 
capacitated either mentally or physically from performing 
his duty as a member of the department. In case of total 
permanent disaliility caused in or induced by the actual 
performance of his duty, tbe amount of annual pension 
shall be one-half of the annual compensation of the oifice 
from which he is so retired, or such less sum as the said 
board may determine. The pension of a member who 
has served fifteen or more consecutive years shall be an 
amount not exceeding one-third the annual salary or com- 
pensation of the ofiice from which he is retired, as the 
said board may determine. 

Section 2. If anv member of the said police depart- V^^^t^^L^^^i}!' 

•- ^ i 1 annuity may be 

ment shall die from iniuries received while in the dis- paid to widow, 

charge of his duty and shall leave a widow, or if no 

widow any child or children Under the age of sixteen 

years, a sum not exceeding three hundred dollars may be 

paid by said city as an annuity to such widow so long as 

she remains unmarried, or for the benefit of any such 

child or children so long as he or they continue under the 

age of sixteen years, and the board of police may from 

time to time determine the amount of such annuity 

within said limits. 

Section 3. Section five of chapter two hundred and ^^p®'''- 
^orty-four of the acts of the year eighteen hundred and 
seventy-eight is hereby repealed. 

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

Approved April 14, 1887. 

An Act to provide for the free instrlction of deaf mutes QJian.VIQ 

OR deaf children. 

Be it enacted, etc., as folloios: 

Section 1. With the approval of the board of educa- Free instruction 

.• ,1 1 7 1 i' i 1 i? for deaf mutes 

tion the governor may send such cleat mutes or deat or deaf children. 

children as he may deem fit subjects for education, for a 

term not exceeding ten years in the case of any pupil, to 

the American Asylum at Hartford, the Clarke Institution 

for Deaf Mutes at Northampton, or to the Horace Mann 

School at Boston, or to any other school for deaf mutes 

in the Commonwealth, as the parents or guardians may 

prefer ; and with the approval of the board he may make 

at the expense of the Commonwealth such provision for 



734 1887« — Chapters 180, 181. 

the care and education of children, who are both deat 
mutes and blind, as he may deem expedient. In the exer- 
cise of the discretionary power conferred by this act no 
distinction shall be made on account of the wealth or 
poverty of the parents or guardians of such children ; no 
such pupil shall be Avithdrawn from such institution or 
school except with the consent of the proper authorities 
thereof or of the governor, and the sums necessary for 
the instruction and support of such pupils in such insti- 
tution or school shall be paid by the Commonwealth : 
provided^ nevertheless, that nothing herein contained shall 
be held to prevent the voluntary payment of the whole or 
an}' part of such sums by the parents or guardians of 
said pupils. 
Repeal. SECTION 2. Scctiou sixtceu of chapter forty-one of 

the Public Statutes and chapter two hundred and forty- 
one of the acts of the year eighteen hundred and eighty- 
six are hereby repealed. 

Section 3. This act shall take effect u^^on its passage. 

Approved April 14, 1887. 

(Jhnn.XSO -^^ ^^^ "^^ establish the salary of the justice of the 

POLICE court of SOMERVILLE. 

Be it enacted, etc., as follows. • 

^^}^ll r. J Section 1. The iustice of the police court of Soraer- 

ville shall receive an annual salary of fifteen hundred 
dollars. 

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

Approved April 14, 1887. 

'OAa79.181 ^^ ^^^ RELATING TO THE INCORPORATION AND LOCATION OF THE 

LOWELL AND DRACUT STREET RAILWAY COMPANY, AND TO AU- ! 
THORIZE SAID COMPANY TO ISSUE MORTGAGE BONDS AND TO i 
INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 
Certificate of Section 1. The Certificate issued by the secretary of 

incorporation ,^ ,, t n ^ n -r ^ • it 

ratified and tlic Commouwealth, on the first day or July in the year 
con rme . eighteen hundred and eighty-six, certifying that August 
Fels, Solomon Backman, John Ames, Daniel G. Skillings, 
George Hamblet, Percy Parker, John F. Callahan, Walter 
M. Sawyer, Joseph P. Thompson, Daniel Walker, Oliver 
J. Coburn, John Carroll, C. W. Cheney, H. R. Barker, 
James Sparks and others, their associates and successors, 
were legally established as a corporation, under the name 



1887. — Chapter 181. 735 

of the Lowell and Dracut Street Railway Company, for 
the purpose of locating, constructing, maintaining and 
operating a street railway for the conveyance of passen- 
gers, with all the powers, privileges, and subject to all 
the duties, liabilities and restrictions, set forth in all gen- 
eral laws which then were or thereafter miofht be in force, 
relatmg to street railway companies, is ratified and con- 
firmed, and said corporation shall be deemed and taken to 
have been then duly established, and it shall exercise and 
enjoy the aforesaid powers and privileges, and shall be 
subject to the aforesaid duties, liabilities and restrictions, 
except so far as the same are modified and controlled by 
the provisions of this act. 

Section 2. All locations heretofore orranted to said Locations rati- 
corporation by the board or aldermen or the city of Lowell firmed, 
and the selectmen of the town of Dracut, are ratified and 
confirmed, and shall be deemed and taken to have been 
duly granted, and said corporation shall have the power 
to construct, maintain and use its tracks thereon, subject 
to the provisions of section forty-eight of chapter one hun- 
dred and thirteen of the Public Statutes. 

Section 3. Said corporation, for the purpose of con- May increase 
structing, equipping and operating its road and any ex- <=»P''ai stock, 
tensions thereof, heretofore or that may hereafter be 
granted to it, is hereby authorized to increase its capital 
stock to an apiount not exceeding one hundred thousand 
dollars, at such times and such amounts as a majority in 
interest of its stockholders, at a meeting called for that 
purpose, may from time to time determine ; such increased 
capital to be paid in in cash, and a certificate showing the 
amount of such increase shall forthwith be filed in the 
ofBce of the secretary of the Commonwealth, and said cor- 
poration may use any surplus at any time existing in con- 
structing and equipping its railway. 

Section 4. Said corporation may construct, maintain May have loca- 
and use its railway, with suitable and convenient spurs, cmain'^^ther 
curves, turnouts and side tracks in such of the streets of '°'^"^- 
said city and the highways of the towns of Dracut, Tyngs- 
borough, Chelmsford, Tewksbury and Billerica, as loca- 
tions thereon may hereafter from time to time be granted 
b}' the board of aldermen of said city and the selectmen of 
said respective towns. 

Section 5. Said corporation may from time to time, Mayissae 
by vote of a majority in interest of its stockholders, at a ^°'^^'- 



736 



1887. — Chapter 182. 



Bonds to be 
approved and 
certified. 



meeting called for that purpose, issue coupon or registered 
bonds to an amount not exceeding fifty thousand dollars, 
for a term not exceeding twenty years, provided the 
Bonds not to amouut of bouds so issued under the provisions of this 
amount^oTcapi^ act shall at no time exceed one-half of the amount of cap- 
tai stock. j^j^i stock actually subscribed for and paid in at par at that 

time ; and to secure payment thereof with interest thereon 
said company may make a mortgage of its road and fran- 
chise and any part or all of its other property, and may 
include in such mortgage property thereafter to be ac- 
quired, and 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 sul)stituted in lieu thereof. 

Section 0. All bonds so issued shall first be approved 
by some person appointed by the corporation for that 
purpose, who shall certify upon each bond that it is prop- 
erly issued and recorded. 

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

Approved April 14, 1887. 

Ch(XpA.S2l -^N -^CT TO AUTHORIZE THE LOWELL HORSE RAILROAD COMPANY 

TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The Lowell Horse Railroad Company, by 
a vote of the majority in interest of its stockholders at a 
meeting called for that purpose, may issue coupon or reg- 
istered bonds to an amount not exceeding fifty thousand 
dollars, for a term not exceeding twenty years from the 
date thereof, and to secure the payment of said bonds 
with interest thereon the said company may make a mort- 
gage of its road and franchise and any part or all of it? 
other property and may include in such mortgage prop- 
erty 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, dam- 
aged or otherwise unsuitable to be used in the operation 
of its road, provided that an equivalent in value be sub- 
stituted jn lieu thereof. 

Section 2. All bonds so issued shall first be approved 
by some person appointed by the corporation for that pur- 



May issue bonds 
secured by 
mortgage. 



Bonds to be 
approved and 
certified. 



1887. — Chapters 183, 184. 737 



'? 



pose, who shall certify upon each bond that it is properly 
issued and recorded. 

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

Approved April 14, 1887. 

An Act to repeal section twenty-four of chapter one hun- (7^fj?9,183 

DRED AND FIFTY-TWO OF THE PUBLIC STATUTES RELATING TO 
THE HOLDING OF THE TERMS OP THE SUPERIOR COURT FOR 
CRIMINAL BUSINESS. 

Be it enacted, etc., as follows: 

Section twenty-four of chapter one hundred and fifty- Repeal. 
two of the Public Statutes is hereby repealed. 

Approved April 14, 1887. 

An Act relative to the confirmation of proceedings of (7^^79.184 

THE house of the GOOD SHEPHERD, IN BOSTON. 

Be it enacted, etc., as follows: 

Sectiox 1. The election of John J. Williams, William Election of 
Byrne, Charles F. Donnelly, Bernard Foley, Owen Xawn, ™Ji!^tion*con°°'^" 
John Miller, John W. McDonald, Anne Charlton, Bridget '^"^''^■ 
Stokes, Mary McGail, Ellen Donnelly, Barbara Seibert, 
Ellen Hobbs, Eleanor Gannon, Margaret Donnelly, Rose 
Connors, and Lucy McGowan, as members of the corpora- 
tion of the House of the Good Shepherd, a body corpo- 
rate, located at Boston, is confirmed and made valid ; and Meeting maybe 

. 11 1 f 1 called for con- 

said persons may, at a meetuig called for the purpose, by firmation of pro- 

vote confirm any proceeding of said corporation so far as °*° '°^*' 
the same was aflected by any defect or irregularity in the 
manner or time of the calling or holding of any meetings 
of the corporation, the election of its members or officers, 
the qualification of its officers, the amendment of its arti- 
cles of association or by-laws ; said persons may, at the 
meeting called as hereinafter provided, or at any subse- 
quent meeting, alter, amend or repeal any by-law by vote 
of the majority of those present and voting thereon ; and 
said corporation shall be held to continue and exist as a 
legal and valid corporation notwithstanding any such 
defect or irregularity. 

Section 2. A meeting of the corporation under the Meeting may be 
preceding section may be called by any two of the persons two^Vthc "or- 
therein named by notice, stating the time, place and pur- pora'o''8- 
pose of said meeting, a cop}^ of which notice shall, seven 
days at least before the day appointed for the meeting. 



738 1887. — Chapteks 185, 186. 

be given to each of said persons in hand or left at his or 
her last or usual place of residence. 

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

Approved April 14, 1887. 

Ch(l7).\S5 -^N ^'^'^ AUTHORIZING THE EASTERN RAILROAD COMPANY TO ISSUE 

ADDITIONAL BONDS, 

Be it enacted, etc., asfolloivs: 

May ie8ue bonds Section 1. The Eastcm Railroad Company may issue 
certam ™o'tee ° bonds, not sccurcd by mortgage or pledge of property, 
^'*'' for the purpose of paying its notes secured by mortgage 

of lands in Charlestovvn and of paying the mortgage bonds 
of the Essex Railroad Company. Said bonds may be issued 
in sums of not less than one hundred dollars each, pay- 
able at periods not exceeding twenty years from the date 
thereof and bearing interest payable annually or semi- 
annually not exceeding six per cent, a year, to an amount 
not exceedinof in all the sum of nine hundred thousand 
dollars, and may be issued by vote of the directors at such 
times, in such manner and to such amounts as they may 
from time to time determine. 

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

Approved April 14, 1887. 

C/i«79.186 ^^ ^^^ ^^ AMEND AN ACT TO INCORPORATE THE BARRE LIBRARY 

ASSOCIATION. 

Be it enacted, etc., as follows: 

amended SECTION 1. Scction two of chapter one hundred and five 

of the acts of the year eighteen hundred and eighty-five is 
hereby amended by striking out the words " and all real 
estate which shall be procured by said corporation for the 
use and accommodation of the public library of said town 
of Barre, after it shall have been prepared and fitted for 
the reception of said library, may continue to be held by 
said corporation and appropriated to said use or shall be 
conveyed to said town, as said town at a legal meeting 
called for the purpose shall by vote determine." 

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

Apjyroved April 14, 1887. 



1887. — Chapters 187, 188. 739 



An Act to change the name of the Gardner librart asso- QJiaj). XS7 

CIATION. 

Be it enacted, etc., asfolloios: 

Section 1. The name of the Gardner Library Associa- Name changed, 
tion, organized under the general laws, the nineteenth 
day of June in the year eighteen hundred and eighty- 
four, is hereby changed to The Levi Heywood Memorial 
Library Association. 

Section 2. Said corporation shall have authority Reai and per- 
to hold real and personal estate to the amount of eighty ^""'^ 
thousand dollars for the purposes of its organization, 
exclusive of books, papers, collections in natural history 
and works of art. 

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

Ajjproved April 14, 1887. 

An Act to incorporate the commonwealth safe deposit and (^y^^^ 1 88 

TRUST COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Thomas N. Hart, Nathaniel J. Rust, commonwealth 

o -ITT -Ti'i T T ITU*- T-ii TIT ^afe DeposH and 

Spencer VV. Kichardson, Leopold Morse, Lbenezer M. Tmstcompany, 
McPherson, Albert E. Pillsbury, George L. Damon, "'*'°''p°''*''' • 
John Goldthwait, Charles H. Dill 2d, John Shepard, 
John \V. Leiffhton, Charles H. Allen, William T. 
Parker, Joseph H. Gray, Alfred S. Wood worth, Charles 
A. Morss, their associates and successors, are made a 
corporation by the name of the Commonwealth Safe 
Deposit and Trust Company, to be located at Boston, 
for the purpose of receiving on deposit, storage or other- 
wise, moneys, government securities, stocks, bonds, coin, 
jewelry, plate, valuable papers and documents, evidences 
of debt, and other property of every kind, upon such terms 
or conditions as ma}^ be obtained or agreed upon, and of 
investing moneys so received, and at the request of any 
depositor of collecting and disbursing the interest or in- 
come upon such of said property received on deposit as 
produces interest or income, and of collecting and dis- 
bursing the principal of such of said property as produces 
interest or income when it becomes due, upon terms to 
be prescribed by the corporation, and for the purpose of 
loaning money on real and personal security, and issuing 
letters of credit on terms that may be agreed upon, and for 



740 1887. — Chapter 188. 

the purpose of borrowing or receiving money and invest- 
ing the same ; and all the powers and privileges necessary 
for the execution of these purposes are granted, subject 
nevertheless to the duties and restrictions and liabilities 
set forth in chapter one hundred and five of the Public 
Statutes and in all the general laws which now are or 
hereafter may be in force in relation to such corporations. 
PTcI*"^®** Section 2. Such corporation shall at all times have 

least fifteen per • i /• i /• i tt • i 

cent, of deposits on hand, as a reserve, in lawful money oi the United 
on demand. States, an amount equal to at least fifteen per centum 
of the aggregate amount of all its deposits which are sub- 
ject to withdrawal upon demand or within ten days ; and 
whenever said reserve of such corporation shall be below 
said per centum of such deposits, it shall not increase its 
liabilities by making any new loans until the required 
proportion between the aggregate amount of such deposits 
Proviso. and its reserve fund shall be restored : provided, that in 

lieu of lawful money one-third of said fifteen per centum 
may consist of balances, payable on demand, due from 
any national bank doing business in this Commonwealth, 
or from any other trust company established under the 
laws of and doing business within the Commonwealth, 
and one-third of said fifteen per centum may consist of 
bonds of the United States or of this Commonwealth, the 
absolute property of such corporation, or of notes payable 
on demand secured by pledge of such bonds. 
mom'jTetc!!*'^' SECTION 3. Any court of law or of equity, including 
under Its control courts of probatc aud insolvency of this state, may by 

to DC 06D08)t6Q. -'»/»/ 

etc. ' decree or otherwise direct any moneys or properties 

under its control, or that may be paid into court by 
parties to any legal proceedings, or which may be brought 
into court by reason of any order or judgment in equity 
or otherwise to be deposited with said corporation, upon 
such terms and subject to such instructions as may be 
Proviso. deemed expedient : provided, hoivever, that said corpora- 

tion shall not be required to assume or execute any trust 
without its own assent. Said corporation shall also have 
power to receive and hold moneys or property in trust 
or on deposit from executors, administrators, assignees, 
guardians and trustees, upon such terms or conditions as 
Investment of may bc obtained or agreed upon : provided, also, that all 
heiditi'tr'ustor such moucys Or property received under the provisions 
on deposit. q£ ^jjjg gection sball be loaned on or invested only in the 
authorized loans of the United States, or of any of the 



1887. — Chapter 188. ' 741 

New Enorland states, or cities or counties or towns there- 
of, or of the states of Illinois, Iowa, Michigan, Minnesota 
and Wisconsin, or the cities thereof, or stocks of state or 
national banks oro-anized within this Commonwealth, or 
in the bonds of any railroad company which has earned 
and paid regular dividends on its stock for five years next 
preceding such loan or investment, or in the bonds of any 
railroad company in the New England states unencum- 
bered by mortgage which has earned and paid regular 
dividends on its stock for two years next preceding such 
loan or investment, or in first mort2:ao;es on real estate, 
not exceeding in amount one-half the fair valuation thereof, 
to be certified by two or more of the finance committee, or in 
any securities in which savings banks are allowed to invest, 
or upon notes, with two sureties, of manufacturing cor- 
porations created under the laws of this state, or of individ- 
uals with a suflicient pledge as collateral of any of the 
aforesaid securities ; but all real estate acquired by fore- Real estate 
closure of mortgages or by levj'' of execution, shall be sold foricumu^e^or 
within five years after such foreclosure or levy : jyrovided, g^id^XkWn^five 
aho, that all such money or property received, invested ye!»rs. 
or loaned under this section shall be a special deposit in 
said corporation, and the accounts thereof shall be kept 
separate, and such funds, and the investment or loans of 
them, shall be specially appropriated to the security and 
payment of such dei:)osits and not to be subject to the 
other liabilities of the corporation ; and for the purpose 
of securing the observance of this proviso, said corpora- 
tion shall have a trust department into which all business 
authorized by this section shall be kept separate and dis- 
tinct from its general business. 

Section 4. Said corporation may also be appointed pointed trustee 
trustee under any will or instrument creatine^ a trust for unc^er any win 

■, „ -, , .or instrument 

the care and management of property, under the same eir- creating a trust. 

cumstances, 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 thereunder, hereafter referred to, 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 



742 1887. — Chapter 188. 

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 corporation, 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 
Not to be re- corporatiou : provided, however, that said corporation shall 

quired to hold *•, • i . • i i i , 

property against not DC required to reccive or hold any property or moneys, 

its own desire. , , ,. , ^-j. i* 

or to execute any trust, contrary to its own desire. 
i^j8TpTo°er*ty ^SECTION 5. lu the management of money and prop- 
erty 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 referred to 
in section three of this act : provided, that it shall be com- 
petent for the authority making the appointment 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 comi^any ; &{\^^ provided, also, 
that said corporation shall always be bound to follow and 
be entirely governed by all directions contained in any 
will or instrument under which it may act. 
SfnX^r^fourTh^^^ SECTION 6. No uioncy, property or securities received 
and fifth sections or held by Said company under the provisions of sections 
gied with invest- four and five' of this act shall be mingled with the invest- 



rjock! "'^ "^"^"^^ ments of the capital stock, or other moneys or property 
belonging to said corporation, or be liable for the debts 
or obligations thereof. 
t^o'TorporLS^ Section 7. The total liabilities to this corporation of 
any person, firm or corporation, other than cities or towns, 
for money borrowed, including in the liabilities of a com- 
pany or iirm the liabilities of its several members, shall at 
no time exceed one-fifth part of such amount of the cap- 
ital stock of this corporation as is actually paid up, and 
one-tenth part of its deposits. But the discount of bills 
of exchange drawn in good faith against actually existing 
values, and the discount of commercial or business paper 
actually owned by the person negotiating the same, shall 
not be considered as money borrowed. 
L^nual^refuJ^s SECTION 8. Said corporatiou shall semi-annually make 
to commission- a rctum to the commissioners of savings banks in this 
banksf'*^'"^* Commonwcalth, on or before the second Mondays of May 
and November, which shall be signed and sworn to by a 



1887. — Chapter 188. 743 

majority of its board of directors ; and said returns shall 
specify the following, namely : Capital stock ; amount of 
all moneys and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten days ; trust funds or for 
purposes of investment ; number of depositors ; invest- 
ments in authorized loans of the United States or any of 
the New England states or cities or counties or towns, 
stating amount in each ; investments in bank stock, stat- 
ing amount in each ; investments in railroad stock, stating 
amount in each ; investments in railroad bonds, stating 
amount in each ; loans on notes of corporations ; loans on 
notes of individuals ; loans on mortsfaoes of real estate ; 
cash on hand : all as existins: at the date of makinof such 
returns, with the rate, amount and date of dividends since 
last return. The commissioners of savings banks shall S'^avl^accessta 
have access to the vaults, books and papers of the com- vaults, books 

-. ,.- .'^^ . , and papers. 

pany, and it shall be their duty to inspect, examine and 
inquire into its atfairs, and to take proceedings in regard 
to them in the same manner and to the same extent as if 
this corporation was a savings bank, subject to all the 
general laws which are now or hereafter may be in force 
relatin<2: to such institutions in this reg^ard. Such returns 
required to be made to the commissioners of savings 
banks shall be in the form of a trial balance of its books, 
and shall specify the ditlerent kinds of its liabilities and 
the diiferent kinds of its assets, stating the amount of 
each kind, in accordance with a blank form to be fur- 
nished by said commissioners ; and these returns shall be 
published in a newspaper of the city of Boston at the 
expense of said corporation, at such times and in such 
manner as may be directed by said commissioners, and in 
the annual report of said commissioners. 

Section 9. Said corporation shall be subject to the subject to provi- 
provisions of chapter thirteen of the Public Statutes, and «i«°«o'i"-8-i3' 
any acts now existing, or which may hereafter be passed, 
in amendment or lieu thereof. 

Section 10. Said corporation shall also annually, l)e- to make annual 
tween the tirst and tenth days of May, return to the tax commissioner of 
commissioner a true statement, attested by the oath of ^^3"'^ ^^''^ '" 
some ofhcer of the corporation, of all personal property 
held upon any trust on the first day of May which would 
be taxable if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in 



744 1887. — Chapter 188. 

this Commonwealth where any beneficiary resided on said 
day, and the aggregate amount of such property then held 
for all beneficiaries resident in each of such cities and 
towns, and also the aggregate amount held for l>enefici- 
aries not resident in this Commonwealth, under the pains 
and penalties provided in section fifty-four of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof, for corporations failing to make the returns pro- 
vided by said act. ;^aid corporation shall annually pay to 
the treasurer of the Commonwealth a sum to be ascer- 
tained hy assessment b}' the tax commissioner upon an 
amount equal to the total value of such property, at the 
rate ascertained and determined by him, under section 
forty of chapter thirteen of the Public Statutes and acts in 
amendment thereof. 
to°t^''^omm'ir" Section 11. Said corporation shall also annually, be- 
sioner of moneys twccu the first and tenth days of May, return to the tax 

deposited on . . -^ . i i i <• 

interest or for commissioncr a true statement verified by the oath of 
some ofiicer of the corporation, of the amount of all sums 
deposited ■with it on interest or for investment, other than 
those specified in the tenth and thirteenth sections of this 
act, together with the name of every city and town in this 
Commonwealth where any beneficial owner resided on 
said first clay of May, and the aggregate amount of such 
deposits then held for the benefit of persons residing in 
each of such cities and towns, under like penalty. Said 
corporation shall annually pay to the treasurer of the 
Commonwealth a sum to be ascertained by assessment by 
the tax commissioner upon an amount equal to the total • 
value of such deposits at three-fourths the rate ascer- 
tained and determined by him under section forty of 
chapter thirteen of the Public Statutes and acts in amend- 
ment thereof. 
as^sesseTiV^ ^^ SECTION 12. No taxcs shall bc asscsscd in any city or 
towns, etc., towii for statc, couuty or town purposes upon or in respect 
claries reside, of any such property held in trust or any such amounts 
deposited on interest or for investment, but such propor- 
tion of the sum so paid by said corporation as corresponds 
to the amount of such propert}^ held for beneficiaries or 
payable to persons resident in this Commonwealth, shall 
be credited and paid to the several cities and towns where 
it appears from the returns or other evidence that such 
beneficiaries resided on the first day of May next preced- 
ing, according to the asfffroorate amount so held for bene 



1887. — Chapter 188. 745 

ficiaries and persons residing in such cities and towns 
respective!}'' ; and in regard to sucli sums so to be assessed 
and paid as aforesaid, said corporation sliall be subject to 
sections one, fifty-three, fifty-seven, fifty-eight and fifty- 
nine of chapter thirteen of the Public Statutes and acts in 
amendment or lieu thereof, so far as the same are appli- 
cable thereto. 

Section 13. Deposits with said corporation which can Taxation of 
be withdrawn on demand or within ten days, shall, for dmwaWeon " 
purposes of taxation, be deemed money in possession of '^^■^""'i- 
the person to whom the same is so payable. 

Section 14. The said corporation is also authorized May act as agent 

, . . . . for issuing 

to act as agent for the purpose of issuing, registering or bonds, etc. 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon, and ma}^ also act as trustee or 
financial or other agent for any person or firm, corpo- 
ration, association, municipality, government, state or 
national authority, and in their behalf to negotiate loans 
and to sell and negotiate the sale of securities, and mav 
also act as trustee for the bondholders of corporations, 
and to this end is empowered to receive transfers of real 
and personal property upon such terms as may be agreed 
upon. 

Section 15. The capital stock of said corporation capuai stock, 
shall be two hundred thousand dollars, with the privilege 
to increase the same from time to time to not exceeding 
one million dollars, and the same shall be paid for at such 
time and in such manner as the board of directors shall 
decide : provided, that no business shall be transacted by 
the corporation until the whole amount is subscribed for 
and actuall}' paid in, and no shares shall be issued until 
the par value of such shares shall have been actually paid 
in in cash. 

Section 16. Said corporation shall be entitled to pur- Reai estate in 
chase and hold real estate in the city of Boston, suitable 
for the transaction of its business, to an amount not ex- 
ceeding in value fifty per cent, of the capital stock ; and 
the balance of the capital stock shall be invested only in the 
investments authorized l)v section three of this act in the 
case of moneys or property held in trust or on deposit. 

Section 17. The shareholders of said corporation shall ^hareHo^ders. 
be held individually liable, equally and ratably, and not 



746 1887. — Chapters 189, 190. 

one for another, for all contracts, debts and engagements 
of such association, to the extent of the amount of their 
stock therein at the par value thereof, in addition to the 
amount invested in such shares. The provisions con- 
tained in chapter one hundred and six of the Public Stat- 
utes, sections sixty-two to seventy-one inclusive, shall 
apply to and regulate the enforcement of this liability. 
Shares to be SECTION 18. The sharcs of said corporation shall be 

transferable. assiff liable and transferable accordina; to such rules and 
regulations as the stockholders shall, for that purpose, 
ordain and establish, and not otherwise. 

Section 19. This act shall take effect upon its passage. 

Approved April 15, 1887. 

(JJiavAS)^ An Act to provide better access to the station of the 

BOSTON AND ALBANY RAILROAD COMPANY IN THE TOWN OF 
PALMER. 

Be it enacted, etc., as follows: 

To maintain a Section 1. The Bostou and Albany Railroad Com- 

to statioli in ' paiiy shall construct and maintain a footway or other 
additional approach to its station in the town of Palmer, 
for the accommodation of persons travelling on foot be- 
tween said station and Main street in said town. The 
board of railroad commissioners after hearing all persons 
in interest shall order and determine the ' location and 

Not to cross manner of the construction thereof, but no such footway 
ac 8 a g a . ^^ Qt^l^gp appi'oach to Said station shall cross the tracks of 
said company at grade. 

by'the^comjany! Section 2. The cost of the coHstruction of said foot- 
way or other approach shall be borne by said company. 
Section 3. This act shall take effect upon its passage. 

Approved April 15, 1887. 

CAtt«.190 "^*^ ^^^ "^^ ESTABLISH THE SALARY OF THE JUSTICE OF THE DIS- 
TRICT COURT OF CENTRAL BERKSHIRE. 

Be it enacted, etc., as follows. • 
Salary of justice. Section 1. The justicc of the disti'ict court of Central 
Berkshire shall receive an annual salary of sixteen hun- 
dred dollars. 

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

Approved Apjril 15, 1887. 



1887. — Chapters 191, 192. 747 



An Act extending the time for which railroad corpora- (7^a».191 

TIONS MAY ISSUE BONDS. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-two of chapter one hundred f^r^i^g^uInT*^^*^ 
and twelve of the Public Statutes is hereby amended by bonds by ran- 
striking out in the eighth line thereof the word "twenty" 
and inserting in place thereof the word : — fifty, — so that 
the clause shall read as follows: — Such bonds may be 
issued in sums of not less than one hundred dollars each, 
payable at periods not exceeding fifty years from the date 
thereof. 

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

App7'oved April 15, 1887. 



Chap.192 



An Act to incorporate the bridgewaters water company. 
Be it enacted, etc., as follows: 

Section 1. Benjamin C. Mudge, George Alexander, Bridgewaters 
Edward P. Usher, Kimball E. Sheldon, B. W. Harris, Spom^If"^ 
Isaac N. Nutter, Robert O. Harris, Albert Harding, Isaac 
N. Keith, Samuel Keith, William H. Osborne, Samuel P. 
Gates, Zebulon Pratt, James C. Leach, Edward Sawj'^er, 
Joshua E. Crane, John H. Fairbanks and William Proph- 
ett, their associates and successors, are hereby made a 
corporation by the name of the Bridgewaters Water Com- 
pany for the purpose of supplying the inhabitants of the 
towns of Bridoewater and East Bridsfewater 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 enforced, so far as the same may be applicable to such 
corporations. 

Section 2. The said corporation may take by pur- May take water 
chase or otherwise and may hold and convey through the anrEas^t^Brtdge- 
towns of Bridgewater and East Bridgewater, or any part '''*'^'"- 
of said towns, the water, so far as may be necessary for 
such purposes, of any well, spring or stream within said 
towns of Bridgewater and East Bridgewater or either of 
them, and may take by purchase or otherwise and hold 
any real estate within said towns necessary for the pur- 
poses of preserving and purifying the same, or for erect- 
ing any dams or reservoirs for holding the same, and for 



748 



1887. — Chapter 192. 



May enter upon 
and dig up roads 
under direction 
of selectmen. 



To cause to be 
recorded in the 
registry of deeds 
a description of 
lands, etc., 
taken. 



Datuages. 



No application 
to be made for 
damages until 
water is actually 
diverted. 



laying and maintaining aqueducts or pipes for distribut- 
ing the water so taken and held ; and may lay its water 
pipes through any private lands, with the rights to enter 
upon the same and dig therein for the purpose of making 
all necessary repairs or service connections, and for the 
purposes aforesaid may carry its pipes over or under 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 and other way 
under the directions of the selectmen of said town or 
towns for the purpose of laying or repairing its aqueducts, 
pipes or other works, and in general may do any other 
thing convenient or proper for carrying out the purposes 
of this act. 

Section 3. The said corporation shall within sixty days 
after the taking of any lands, right of way or easements, 
water rights or sources, as aforesaid, otherwise than by 
purchase, tile and cause to be recorded in the registry of 
deeds for the county of Plymouth a description thereof 
sufficiently accurate for identification, with a statement 
of the purpose for which the same were taken, signed by 
the president of said corporation. 

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 easements or by any other thing 
done by said corporation under the authority of this act. 
Any person or corporation sustaining damages as afore- 
said by reason of anything done by said corporation 
under this act, and failing to agree with said corporation 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of high- 
ways, on application therefor made within the period of 
three years from the taking of such land or other prop- 
erty, or the doing of other injury as aforesaid under the 
authority of this act ; but no such application shall be 
made after the expiration of said three years. No appli- 
cation for the assessment of damages for the taking of 
any water, water source or water right, shall be made 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. The county 
commissioners for the county of Plymouth shall, upon 
application of the owner of any land, water, water 



1887. — Chapter 192. 749 

sources, water rights or easements taken by said corpo- 
ration under the authority of this act, require said corpo- 
ration to sive satisfactory security for the payment of all security for 

. r */ pavnient of 

damages and costs which may be awarded such owner for damages may 
the land and other property and rights so taken ; but ^'^ '■«i"'''«<^- 
previous to requiring such security the said commis- 
sioners, if application therefor is made by either party, 
shall 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 during the progress of the work of constructing 
said water works the security before required appears to 
them to be or to have become insuthcient or inadequate, 
and all the right or authority hereby granted to said cor- 
poration to enter upon or to use such land, water, water 
sources, water rights or easements, except for making 
surve3''s, shall be suspended until such security is given 
and accepted. 

Section 5. The said corporation may distribute water. May regulate 
as aforesaid secured and provided, through the said towns and fix'In*rcoi- 
of Bridgewater and East Bridgewater, may regulate the lect water rates. 
use of said water and fix and collect the rates to be paid 
for the use of the same, and may make such contracts 
with the said towns or either of them, or with any fire 
district which is or may hereafter be established therein, 
or with any individual or corporation, to supply water 
for domestic, manufacturing and other private purposes, 
and for the extinguishment of fires and other public pur- 
poses as may be agreed upon by said towns, or either of 
them, or such fire district, individual or corporation and 
said corporation. But no work shall be commenced on 
said water works until a contract shall have been made 
with said towns or one of them, or with such fire dis- 
tricts or fire district as provided in this section. 

Section 6. The said corporation may for the pur- Real estate, cap - 
poses set forth in this act hold real estate not exceeding shares'.^ 
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. Said corporation may issue bonds 
bearing interest at a rate not exceeding six per centum 
per annum, and secure the same by a mortgage on 
its franchise, corporate property and rights to an amount 



750 



1887. — Chapter 192. 



Penalty for wil. 
fully corrupting 
or diverting 
water. 



Towns may at 
any time take 
property and 
IranchiBcatcost. 



If parties cannot 
agree upon 
cost of prop- 
erty, the court 
to fix the 
Amount. 



not exceeding its capital stock actually paid in and 
applied to the purposes of this act. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the water taken or held under 
the provisions of this act, or injures any structure, work 
or property constructed, made, held or used for the 
purposes of and under the authority of said act, shall 
forfeit and pay to the proprietors of the water works for 
the time beins: three times the actual damao^es assessed 
therefor, to be recovered in an action of tort, and upon 
conviction of either of the above-named wilful or wanton 
acts shall be punished by a fine not exceeding three 
hundred dollars, or by imprisonment in the jail not 
exceeding one year. 

Section 8. The said towns of Bridge water and East 
Bridgewater or either of them shall have the right at any 
time to take, by purchase or otherwise, the franchise, 
corporate property and all the rights and privileges of 
said corporation on payment to said corporation of the 
total cost of its franchise, worivs and property of any 
kind, held under the . provisions of this act, inckidiug in 
such cost interest on each expenditure from its date 
to the date of taking, as hereinafter provided, at the rate 
of seven per centum per annum. If the cost of main- 
taining and operating the works of said corporation shall 
exceed in any year the income derived from said works 
by said corporation for that year, then such excess shall 
be added to the total cost ; and if the income derived 
from said works by said corporation exceeds in any year 
the cost of maintaining and operating said works that 
year, then such excess shall be deducted from the total 
cost. The said towns or town, on taking as herein 
provided the property of said corporation, shall assume 
all of its outstanding obligations, including the bonds 
authorized in this act, and the amount thus assumed shall 
be deducted from the total amount to be paid b}^ said 
town or towns to said corporation. In case said towns 
or town and said corporation are unable to agree upon 
the amount of the total cost of the franchise, corporate 
property, rights and privileges of said corporation, then, 
upon a suit in equity by said towns or town, the supreme 
judicial court shall ascertain and fix such total cost under 
the foregoing provisions of this act, and enforce the right 
of said towns or town to take possession of such fran- 



1887. — Chapter 192. 751 

chise, corporate property, rights and privileges upon 
payment of such cost to said corporation. This author- subject to a 
ity to take said franchise and property is granted on '^°-"^''"'^« ^^'te* 
condition that the taking or purchase shall be authorized 
by a two-thirds vote of the voters of the town making 
such purchase, or taking such franchise and property 
singly, and of each of said towns, if they unite in such 
purchase or taking, present and voting thereon at a meet- 
ing or meetings, as the case may be, legally called for that 
purpose : provided, hoivever, that neither of sdd towns 
shall purchase said franchise, corporate property, rights, 
powers and privileges, until it shall have lirst given the 
other of said towns one year's notice of its decision to 
make such purchase, by delivering to the town clerk of 
such other town certified copies of its proceedings at the 
meeting at which such decision was made, to the end that 
such other town may, if it shall so elect at any time 
within said one year, join in such purchase ; and if either 
of said towns shall make said purchase alone, as herein- 
before provided, it shall continue to supply such other 
town or any fire district now existing therein, or which 
may hereafter be formed therein, with water to the same 
extent to which they may be supplied at the time of such 
purchase, and it shall supply individuals and corporations 
in such other town with water for domestic and other 
purposes, to the same extent to which they may be 
supplied at the time of such purchase, upon the same 
terms and at the same rates established by said corpo- 
ration and existing and in force at the time of such 
purchase, or to which they may be reduced by the town 
making such purchase, and the terms and rates for all Water rates to 
water supply shall be the same in both towns and shall both towns. 
not be increased above those existing and in force at the 
time of such purchase, unless both of said towns and such 
fire district supplied with water shall agree thereto at 
meetings legally called for that purpose. 

Section 9. The said towns may, if they shall elect to May issue 
join in such purchase as before provided, each of them, scT^pf' """'^ °' 
for the purpose of paying the cost of said franchise, cor- 
porate property, rights, powers and privileges and the 
necessary expenses and liabilities incurred under the pro- 
visions of this act, issue from time to time, bonds, notes 
or scrip to an amount not exceeding in the aggregate for 
each town fifty thousand dollars ; such notes, l)onds or 



752 



1887. — Chapter 192. 



from date of 
issue 



scrip, issued by the town of Bridge water, shall bear on 
their face the words Bridge water VTater Loan, and such 
bonds, notes or scrip issued by East Bridge water shall 
bear on their face the words East Brido:ewater Water 
Loan, and all such bonds, notes or scrip so issued by said 
Bonds payable towns shall bc payable at the expiration of periods not 

not GXCGGQinff J. •/ JL JL 

thirty years exceeding thirty years from the date of issue, shall bear 
interest semi-annually at a rate not exceeding six per 
centum per annum, and shall be signed by the treasurer 
and countersigned l)y the water commissioners, herein- 
after provided for, of the town issuing the same. If either 
of said towns shall make said purchase alone, as before 
provided, it may, for the purpose of paying the cost of said 
franchise, corporate property, rights, powers and privi- 
leges 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 so issued shall bear on their face the 
words Bridgewater Water Loan, if the town of Bridge- 
water make such purchase, or the words East Bridgewater 
Water Loan, if the town of East Bridgewater make such 
purchase, and 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 and countersigned by the water commis- 
sioners of said town. The said towns if they shall unite 
in such purchase may each of them, and either of them 
if making such purchase singly, sell such bonds, notes or 
scrip issued as before provided, at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act, upon such terms and conditions as such towns 
or town may deem proper. The said towns or either of 
them issuing bonds, notes or scrip, as hereinbefore pro- 
vided, shall provide at the time of contracting such loan 
for the establishment of a sinking fund, and shall annually 
contribute to such fund a sum sufficient with the accumula- 
tion 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 an- SECTION 10. The Said towus or town issuing bonds, 
atTpayme°nts°°' notcs or scrip uudcr the provisions of this act, each 



To establish a 
sinking fund. 



1887. — Chapter 192. 753 

of them, instead of establishing a sinking fund as before instead of estab- 
provided, may, at the time of authorizing such loan, fund?^"° '°^ 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time before provided in this act, and when such provision 
has been made by vote of such town the amount required 
thereb}^ shall be assessed in each year thereafter by the 
assessors of such towns or town until such debt shall be 
paid, without further vote, in the same manner as other 
taxes are assessed under the provisions of chapter eleven 
of the Public Statutes. 

Section 11. If said towns shall become the joint pur- water commia. 
chasers of said franchise, corporate property, rights, powers eime'dby each 
and privileges as provided in this act, they shall each of '°^°- 
them as soon as may be, at a legal meeting called for that 
purpose, elect by ballot three persons who shall constitute 
a board of water commissioners for such town, one of 
whom shall hold his office until the expiration of three 
years, one until the expiration of two years, one until the 
expiration of one year from the next succeeding annual 
meeting, and until their respective successors are chosen and 
qualified ; and at each annual election of town officers there- 
after one such commissioner shall be elected by ballot, who 
shall hold office for three years and until his successor is 
elected and qualified. In case of a vacancy in such office such Vacancies. 
town may, at any meeting called for that purpose, elect a 
commissioner to hold office for the unexpired term of the 
commissioner retiring. All the authority granted to said Join* board of 

o , '^ ®. . commissioners 

towns by this act and not herein otherwise especially to have control 

of the works to 

provided for shall be vested in the said water commis- collect water' 
sioners, and the two boards so elected shall constitute '■^'*'®' *""• 
one board and shall jointly have control and management 
of said water works ; and a majority of said joint board 
shall constitute a quorum for the transaction of business 
relating to the care, management and operating of said 
water works, subject however to such instructions, rules 
and regulations as said towns may from time to time 
adopt tor their government. Said commissioners shall 
collect all water rates and dues, pay all expenses of oj)erat- 
ing the same and all expenses for repairs and improve- 
ments thereon, and annually, or oftener, if required by 
the said towns, pay over one-half of the net revenue aris- 
ing from said water works to the treasurer of each of said 
towns, and make full report of the moneys received and 



754 1887. — Chapter 192. 

To be trustees expended by them. The board of water commissioners 
fund!"" '°^ chosen by each town shall be trustees of the sinking fund 
of the town for which they are chosen and a majority shall 
constitute a quorum for the transaction of business relative 
to the sinking fund. 
comes soilVur- ^^ °"^ "^ ^'^^^ towus shall bccomc the sole purchaser 
chaser of fran- of Said frauchisc, corporate property, rights, powers and 
water commis- privilcgcs, as hereinbefore provided, -euch town shall, as 
eime". "^ ^ soon as may be after such purchase, elect by ballot three 
persons who shall constitute a board of water commis- 
sipners, one of whom shall hold office 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 meeting, and until their respective succes- 
sors are elected and qualifiM, and at each annual election 
of town officers thereafter one such commissioner shall be 
elected by ballot, who shall hold office until his successor 
Vacancies. is elcctcd and qualified. Vacancies in said board shall be 
filled in the manner before provided in this section. All 
authority granted to such town by this act and not herein 
otherwise specifically provided for shall in such case be 
vested in and exercised by said water commissioners, who 
shall be subject however to such instructions, rules and reg- 
Cotninissioners ulatious as Said towu may, from time to time, adopt. 'Jhe 

to be trustees of . , . . in- i i j j /^ i • i 

sinking fund, said commissioncrs shall in such case be trustees or the smk- 
ing fund of such town herein provided for, and a majority 
(jf said commissioners shall constitute a quorum for the 
transaction of business relative both to said water works 
and to said sinking fund. 

To raise annu- SECTION 12. Each of Said towus, if they shall bccome 

ally by taxation, .. i'-jru- ^ i. 

etc., sufficient to lomt DurchasGrs oi said iranchise, corporate property, 

meet current ox '^i ix*/' 

expenses and Hghts, powei's and privileges, and either of said towns if 
interest. -^ shall bccomc the sole purchaser of the same, shall raise 

annually by taxation a sum which, with the net income 
derived from the water works after deducting the current 
annual expenses of operating the same, shall be sufficient 
to pay the interest as it accrues on the bonds, notes or 
scrip issued, as before provided by such town, and to 
make such contributions to the sinking fund of such town 
or the payments on the principal as may be required 
under the provisions of this act. The returns required 
by section ninety-one of chapter eleven of the Public 
Statutes shall state the amount of any sinking fund estalj- 
lished under this act, and if none is established whether 



1887. — Chapter 193. 755 

action has been taken for the payment of annual propor- 
tions of said bonded debt as hereinbefore provided, and 
the amount raised and expended therefor for the current 
year. 

Section 13. If either of said towns shall elect not to Ritthtofaflre 

1 • • L 1 1 £• • J r ^ • district to pnr- 

become a jomt or sole purchaser or sai(» franchise, cor- chase if either 
porate property, rights, powers and privileges, any fire fo'^u,^chaBe."°' 
district now existing or which may hereafter be organized 
in such town, shall have the right to become a purchaser 
of the same jointly with the other town or the sole pur- 
chaser thereof, which such town has under the provisions 
of this act. If both of said towns shall elect not to be- 
come either joint or sole purchasers of said franchise, 
corporate property, rights, powers and privileges, the 
fire districts now existing or which may hereafter be 
organized in each of said towns, may become joint or sole 
purchasers of the same, and in such case, or in either case, 
all the provisions of this act applicable to the purchase 
thereof by the said towns jointly or separately, shall 
apply to and govern such fire district or fire districts. 
And any assessment required in any fire district for the 
purposes of carrying out the provisions of this act shall 
be made in the same manner as assessments in fire dis- 
tricts are now required to be made by existing law, or as 
they may be hereafter required to be made ; provided, Proviso. 
however^ that no purchase of said franchise, corporate • 
property, rights, powers and privileges shall be made by 
such fire districts, either jointly with a town or fire dis- 
trict, or singly, until six months after the town, in whose 
stead it proposes to make such purchase as herein pro- 
vided, shall have voted at a meeting called for that pur- 
pose not to become such purchaser. 

Section 14. This act shall take effect upon its pas- worktobeoom- 
sage, but shall become void unless the work is commenced "voyelrT^^'" 
on said <^vater works within two years from the date of its 
passage. Approved April 18, 1887. 



Ckap.im 



An Act for the protection of the fisheries in the waters 
OF the town of westport. 

Be it enacted, etc. , as follows : 

Section 1. Whoever draws, sets, stretches or uses Fisheries regu- 
any net, purse or seine of any kind for taking fish in the watorlV/'town 
waters of the town of Westport shall be punished l)y fine °^ westport. 
not exceeding one hundred dollars, or by imprisonment 



756 1887. — Chapter 194. 

in the house of correction not exceeding three months, or 
by both fine and imprisonment ; all fish so taken shall be 
forfeited to the Commonwealth. 
Nets used con- SECTION 2. All ncts, Durses and seines in actual use, 

trary to act de- in- • t • c i • i ^ -i i 

Glared common sct or strctchcd HI vioiatiou oi this act, are declared to be 

nuisances. 

common nuisances. 
Not to i.ppiy to Section 3. Nothinof contained in this act shall apply 

macsprcl, nor to . i i • • /• i • i 

taking nmeits, to the takino; ot mackerel m any way in any of the said 

etc bv hand . «/«/»/ 

net's. waters, nor to the taking by hand nets of smelts, herrings 

or alewives in any of said waters, nor to the taking of 
smelts, herrings, alewives or i)erch in that part of West- 
port River north of a line drawn east and west from the 
south end of Cadmaii's Neck in said river. 

Three persons Section 4 The towu of Wcstport shall at its next 

to be chosen, to . i i 1 1 i • i i 

enforce provi- anuual meeting choose by ballot three suitable persons in 
oa°th. said town, one for the term of one year, one for the term 

of two years and one for the term of three years from said 
annual meeting, and, at every annual meeting thereafter, 
one for the term of three years ; who shall be sworn to 
enforce the provisions of this act. 
Disposition of Section 5. All fines received under this act shall be 
paid one-half to the complainant and the other half to the 
Commonwealth. 

Section 6. This act shall take effect upon its passage. 

Approved April 19, 1887. 

• . 

Ch(ip.^04: ^'^ ^^"^ RELATING TO THE SINKING FUNDS AND THE FUNDED DEBT 

OF THE CITY OF SOMEKVILLE. 

Be it enacted, etc., as follows: 

i^g^fuTd^sfo'pay- Section 1. The city of Somerville is hereby author- 

me^nt of funded jzed to appl}^ its cxisting sinking funds, consisting wholly 

of its own bonds, and any accumulation of interest 

thereon, toward the payment of its existing funded debt. 

May issue new SECTION 2. The said city, availing I'tsclf of the provi- 

bondsand estab- . n i r' • . .~ i-, 

lish sinking sions of the foregoing section, may issue new notes, bonds 
or scrip, from time to time, as the outstanding notes, 
bonds or scrip, which shall then constitute the remainder 
of its indebtedness, shall severally mature, for the pur- 
pose of providing for the payment of the same, and may 
make said notes, bonds or scrip, so issued as aforesaid, 
payable at a time not exceeding twenty years from the 
date of said issue, and shall at the time of said issue es- 
tablish a sinking fund and contribute thereto from year 
to year an amount raised annually by taxation sufiicient, 



1887. — Chapter 195. ' 757 

with its accumulations, to pay said notes, bonds or scrip, 

so issued as aforesaid, at their maturity; or, instead of .^uai^roportfon. 

providino- for tlie payment of the said remainder of the ate payments 

• t-tTi • 1 • !/• -Ill instead of estab- 

said mdebtedness m the manner just before provided, the Hshing sinking 
said city may provide for its payment in such annual pro- 
portionate suras as will extinguish said indebtedness 
within the time hereby authorized. 

Section 3. Nothing herein contained shall exempt empied*from 
said city of Somerville from the provisions of chapter isso, 312. 
three hundred and twelve of the acts of the year one 
thousand eight hundred and eighty-five. 

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

Approved April 20, 1887. 



Chap.im 



An Act to incorporate the lynn safe deposit and trust 

COMPANY. 

Be it enacted, etc., as follows : 

Section 1. John Macnair, James E. Jenkins, D. H. oiposft^'Ind 
Sweetser, George A. Creiffhton, R. E. Harmon and ?'"■"«' company 

, TT -n 1 1 • ^ . 1 incorporated. 

Charles H. isaker, their associates and successors, are 
hereby made a corporation by the name of the Lynn Safe 
Deposit and Trust Company, to be located at Lynn, for 
the purpose of receiving on deposit, storage or otherwise, 
moneys, government securities, stocks, bonds, coin, jew- 
elry, plate, valuable papers and documents, evidences of 
debt, and other property of every kind, upon such terms 
or conditions as may be obtained, or agreed upon, and at 
the request of the depositor of collecting and disbursing 
the interest or income upon such of said property received 
on deposit as produces interest or income, and of collect- 
ing and disbursing the principal of such of said property 
as produces interest or income when it becomes due, 
upon terms to be prescribed by the corporation, and for 
the purpose of loaning money on real and personal se- 
curity and issuing letters of credit on terms that may be 
agreed upon ; and all the powers and privileges necessary 
for the execution of these purposes are granted, subject 
nevertheless to the duties and restrictions and liabilities 
set forth in the one hundred and fifth chapter of the Pub- 
lic Statutes and in all the general laws which now are or 
hereafter may be in force in relation to such corporations. 

Section 2. Such corporation shall at all times have Reserve to:be at 
on hand, as a reserve, in lawful money of the United cfn^* of*depo^w 
States, an amount equal to at least fifteen per centum of ^^'Semand!''*' 



758 1887. — Chapter 195. 

the aggregate amount of all its deposits which are subject 
to withdrawal upon demand or within ten days ; and 
whenever said reserve of such corporation shall be below 
said per centum of such deposits, it shall not increase its 
liabilities by making any new loans until the required 
proportion between the aggregate amount of such deposits 
Proviso. and its reserve fund shall be restored : provided^ that in 

lieu of lawful money one-third of said fifteen per centum 
may consist of balances, pa3'able on demand, due from 
any national bank doing lousiness in this Commonwealth, 
and one-third of said fifteen per centum ma}^ consist of 
bonds of the United States or of this CommonAvealth, the 
absolute property of such corporation. 
Son'eVTetc!!^^' SECTION 3. Any court of law or of equity, including 
under its control courts of probatc and insolvencv of this state, may by 

to be depoBited, ',.,. " ^ ^ J 

etc. decree or otherwise dn'ect any moneys or properties 

under its control or that may be paid into court by parties 
to any legal proceedings, or Avhich may be brought into 
court by reason of any order or judgment in equity or 
otherwise, to be deposited with said corporation, upon 
such terms and su))ject to such instructions as may be 
deemed expedient : provided^ however, that said corpora- 
tion shall not be required to assume or execute any trust 
Investment of without its owu asscut. Said corporation shall also have 
uuB^t^or^on^ '" powcr to rcceive and hold moneys or property in trust or 
deposit. ^^ deposit from executors, administrators, assignees, 

guardians and trustees upon such terms or conditions as 
may be obtained or agreed upon : provided, also, that all 
such moneys or property received under the provisions 
of this section shall be loaned on or invested only in the 
authorized loans of the United States, or of any of the 
New England states, or cities or counties or towns of 
this state, or stocks of state or national banks organized 
within this Commonwealth, or in the first mortgage bonds 
of any railroad company incorporated by any of the New 
England states which has earned and paid regular divi- 
dends on its stocks for two years next preceding such 
loan or investment, or in the bonds of any such railroad 
company unencumbered by mortgages, or in first mort- 
gages on real estate in this Commonwealth, or in any 
securities in which savino:s banks are allowed to invest, 
or upon notes, with two sureties, of manufacturing cor- 
l^orations created under the laws of this Commonwealth, 
or of individuals with a sufficient pledge as collateral of 



Proviso. 



1887. — Chapter 195. 759 

any of the aforesaid securities ; but all real estate ac- Heai estate ac- 
quired by foreclosure of mortgages or by levy of execu- closure or levy 
tion shall be sold at public auction within two years after Iwoyearer^"^'" 
such foreclosure or levy ; provided, also, that all such 
money or property received, invested or loaned under 
this section sliall be a special deposit in said corporation, 
and the accounts thereof shall be kept separate, and such 
funds, and the investment or loans of them, shall be spe- 
cially appropriated to the security and payment of such 
deposits and not to be subject to the other liabilities of 
the corporation ; and, for the purpose of securing the 
observance of this proviso, said corporation shall have a 
trust department into which all business authorized by 
this section shall be kept separate and distinct from its 
general business. * 

Section 4. Said corporation may also be appointed pointed trustee 
trustee under any will or instrument creating a trust for under any win 

•^ -*- , or inBtrument 

the care and management oi property, under the same creating a trust. 
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 qualitied person. The capital 
stock of said corporation, with the liabilities of the stock- 
holders existing thereunder, hereafter referred to, shall 
be held as securitv for the faithful discharg'e 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 au- 
thorized by it, and the answers and examinations under 
oath, of such officer, shall be received as the answers and 
examinations of the corporation, 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 in- 
stead of the corporation : provided, Jiowever, that said Not required to 

i -* . ' , ' receive property 

cor])oration shall not be required to receive or hold any auainst its own 
property or moneys, or to execute any trust, contrary to 
its own desire. 

Section 5. In the management of money and prop- investment of 
erty held by it as trustee under the powers conferred in ^i""*^ P''°P<^"y- 
the foregoing section, said corporation shall invest the 
same in the general trust fund of the company referred to 



760 



1887. — Chapter 195. 



Moneys, etc., 
received under 
fourth and fifth 
sections not to 
be mingled with 
investments of 
capital stock. 



Limit of liability 
to the corpora- 
tion. 



To make semi, 
annual returns 
to commission- 
ers of savings 
banks. 



in section three of this act : provided, that it shall be 
competent for the authority making the appointment 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 provided, 
aha, that said corporation shall always be bound to follow 
and be entirely governed by all directions contained in 
any will or instrument under which it may act. 

Section 6. No mone}'^, property or securities received 
or held by said company under the provisions of sections 
four and five of this act shall l)e mino-led with the invest- 
ments of the capital stock, or other moneys or property 
belonging to said corporation, or be liable for the debts 
or obligations thereof. 

Section 7. The total liabilities to this corporation of 
any person, firm or corporation, other than cities or 
towns, for money borrowed, including in the liabilities of 
a company or firm the lial)ilities of its several members, 
shall at no time exceed one-fifth part of such amount of 
the capital stock of this corporation as is actually paid 
up. But the discount of bills of exchange drawn in good 
faith against actually existing values, and the discount of 
commercial or business paper actually owned by the per- 
son negotiating the same, shall not be considered as 
money borrowed. 

Section 8. Said corporation shall semi-annually make 
a return to the commissioners of savings banks in this 
Commonwealth, on or before the second Mondays of May 
and November, which shall be signed and sworn to by a 
majority of its board of directors ; and said returns shall 
specify the following, namely : — Capital stock ; amount 
of all moneys and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten days ; trust funds or for 
purposes of investment ; numl)er of depositors ; invest- 
ments in authorized loans of the United States or any of 
the New England states or cities or counties or towns, 
stating amount in each ; investments in bank stock, stat- 
ing amount in each ; investments in railroad stock, stating 
amount in each ; investments in railroad bonds, stating 
amount in each ; loans on notes of corporations ; loans on 
notes of individuals : loans on morto^ag-es of real estate ; 
cash on hand ; all as existing at the date of making 
such returns, with the rate, amount and date of divi- 



1887. — Chapter 195. 7G1 



clends since last return. The commissioners of savinfjs c'ommiBBioners 

~ to nave access to 

banks shall have access to the vaults, books and papers vaults, books 
of the company, and it shall be their duty to inspect, '^"' p^p^""^- 
examine and inquire into its affairs, and to take proceed- 
ings in regard to them in the same manner and to the 
same extent as if this corporation was a savings bank, 
subject to all the general laws which are now or hereafter 
may be in force relating to such institutions in this regard. 
Such returns required to be made to the commissioners of 
savings banks shall be in the form of a trial balance of its 
books, and shall specify the different kinds of its liabili- 
ties and the different 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 Lynn at 
the expense of said corporation, at such times and in such 
manner as may be directed by said commissioners, and in 
the annual report of said commissioners. 

Section 9. Said corporation shall be subject to the subject topi ovi- 
provisions of chapter thirteen of the Public Statutes, and *'°"^° 
any acts now existing or which may hereafter be passed in 
amendment or lieu thereof. 

Section 10. Said corporation shall also annually. To make annual 
between the first and tenth days of May, return to the commissioner of 
tax commissioner a true statement, attested by the oath f/ug^f^*^^ ^*'''^ '" 
of some officer of the corporation, of all personal property 
held upon any trust on the first day of May which would 
be taxable if held bv an individual trustee residino- in this 
Commonwealth, and the name of every city or town in 
this Commonwealth where any beneficiary resided on said 
day, and the aggregate amount of such property then held 
for all beneficiaries resident in each of such cities and 
towns, and also fhe aoorpeofate amount held for beneficia- 
ries not resident in this Commonwealth, under the pains 
and penalties provided in section fifty-four of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof, for corporations failing to make the returns pro- 
vided ))y said act. Said corporation shall annually pay to 
the treasurer of the Commonwealth a sum to be ascertained 
by assessment by the tax commissioner upon an amount 
equal to the total value of such property, at the rate 
ascertained and determined l)y him, under section forty of 
chapter thirteen of the Public Statutes and acts in amend 
ment thereof. 



762 1887. — Chapter 195. 

muTntoTaT"^^ SECTioisr 11. Said corporation shall also annually, 
coramiBsionerof ])etween the first and tenth days of May, return to the 

moneys depos- ,. "^ •/-•iii lo 

ited on interest tax commissioiier a true statement verified by the oath of 
ment. ^ " some officer of the corporation, of the amount of all sums 
deposited with it on interest or for investment, other than 
those specified in the tenth and thirteenth sections of this 
act, together with the name of every city and town in this 
Commonwealth where any beneficial owner resided on said 
first day of May, and the aggregate amount of such 
deposits then held for the benefit of persons residing in 
each of such cities and towns, under like penalty. Said , 
corporation shall annually pay to the treasurer of the 1 
Commonwealth a sum to be ascertained by assessment by 
the tax commissioner upon an amount equal to the total 
vahie of such d-eposits at three-fourths the rate ascertained 
and determined by him under section forty of chapter 
thirteen of the Public Statutes and acts in amendment 
thereof. 
Taxes not to be SECTION 12. No taxes shall be assessed in any city or 

assessed m . "^ *' . 

towns, etc., towu for statc, couuty or town purposes, upon or m 
ciaries reside', rcspcct of any such property held on trust or any such 
amounts deposited in interest or for investment, but such 
proportion of the sum so paid by said corporation as 
corresponds to the amount of such property held for bene- 
ficiaries or payable to persons resident in this Common- 
wealth, shall be credited and paid to the several cities and 
towns where it appears from the returns or other evidence 
that such beneficiaries resided on the first day of May 
next preceding, according to the aggregate amount so held 
for beneficiaries and persons residing in such cities and 
towns respectively ; and in regard to such sums so to be 
assessed and paid as aforesaid, said corporation shall be 
subject to sections one, fifty-three, fifty-seven, fifty-eight 
and fifty-nine of chapter thirteen of the Public Statutes 
and acts in amendment or lieu thereof, so far as the same 
are applicable thereto. 
de^^o^dtTwiih- Section 13. Deposits with said corporation which can 
drawabieon be withdrawu on demand, shall, for purposes of taxation, 
be deemed money in possession of the person to whom 
the same is payable on demand or within ten days, 
for Issuing ''^^°* Section 14. The said corporation is also authorized 
i>ond8, etc. to act as agcut • for the purpose of issuing, registering or 
countersignins: the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association. 



1887. — Chapter 196. 763 

municipality, state or public authority, on such terms as 
may be agreed upon, and may also act as trustee or finan- 
cial or other agent for any person or firm, corporation, 
association, municipality, government, state or national 
authority, and in their behalf to negotiate loans and to sell 
and negotiate the sale of securities, and may also act as 
trustee for the bondholders of corporations, and to this 
end is empowered to receive transfers of real and per- 
sonal property upon such terms as may be agreed upon. 

Section 15. The capital stock of said corporation capital stock. 
shall be one hundred thousand dollars, with the privilege 
to increase the same from time to time to not exceeding 
three hundred thousand dollars, and the same shall be paid 
for at such time and in such manner as the board of 
directors shall decide : provided, that no business shall be 
transacted by the corporation until the whole amount is 
su1)scribed for and actually paid in, and no shares shall be 
issued until the par value of such shares shall have been 
actually paid in in cash. 

Section 16. The shareholders of said corporation Liability of 
shall be held individually liable, equally and ratably, and 
not one for another, for all contracts, debts and engage- 
ments of such association, to the extent of the amount of 
their stock therein at the par value thereof, in addition 
to the amount invested in such shares. The provisions 
contained in chapter one hundred and six of the Public 
Statutes, sections sixty-two to seventy-one inclusive, 
shall apply to and regulate the enforcement of this lia- 
bility. 

Section 17. The shares of said corporation shall be shares to be 
assignable and transferable according to such rules and traMfeVabil" 
regulations as the stockholders shall, for that purpose, 
ordain and establish, and not otherwise. 

Section 18. This act shall take effect upon its passage. 

App^^ved April 20, 1887. 



C7iaj9.196 



An Act relating to investments by savings kanks. 
Be it enacted, etc., as follows : 

Article three of section twenty of chapter one hundred i°hich mTy V n 
and sixteen of the Public Statutes is hereby amended so ^^nts''^ *''^'"^*^ 
as to read: — Third, In the first mortgage bonds of an}' 
railroad company incorporated under the authority of any 
of the New England states and whose road is located 



764 1887. — Chapter 197. 

Investments by wliolly oi" ill part ill tlie saiHG, Riid whicli is in possession 
eaviDgs an s. ^^ ^^^^ Operating its own road and has earned and paid 
regular dividends for the two years next preceding such 
investment ; or in the first mortgage bonds guaranteed 
by such raih'oad company of any railroad company so 
incorporated whose road is thus located ; or in the bonds 
or notes of any railroad company incorporated under the 
laws of this Commonwealth and whose road is located 
wholly or in part therein, and is unincumbered by mort- 
gage and which has paid a dividend of not less than five 
per cent, per annum for two years next preceding such 
investment ; or in the note or notes of any citizen of this 
Commonwealth with a pledge as collateral of any of the 
aforesaid securities at no more than eighty per cent, of the 
par value thereof; or in the note or notes of any citizen 
of this Commonwealth with a pledge as collateral, shares 
of the capital stock of any railroad company incorporated 
under the authority of any of the New England states 
and whose road is located wholly or in part therein and 
which is in possession of and operating its own road and 
has earned and paid regular dividends of not less than 
five per cent, per annum on all its issues of capital stock 
for five years next preceding the date of such note or 
notes or any renewal thereof and at no more than seventy- 
five per cent, of the market value thereof, such note or 
notes to be made payable on demand and to be paid or 
renewed within one year of the date thereof; but street 
railway companies shall not be considered railroad com- 
panies within the meaning of this section. 

Approved April 20, 1887. 



Chap. 



.197 -^^ ^^"^ CONCERNING THE USE OF GILL NETS OU SET NETS WITHIN 
ONE HALF MILE OF THE SHORES OF THE TOWN OF MATTAPOISETT. 

Be it eyiacted, etc., as follows: 

hi't'e'Jfhfwa'tfrs Section 1. Sectiou four of chapter one hundred and 
with'" one-haif nincty-two of the acts of the year eighteen hundred and 
poisett. eighty-six is hereby amended by adding at the end 

thereof the following words, namely : — Or in the waters 
within one half mile of the shores of the town of Matta- 
poisett, — so that the same as amended shall read as fol- 
lows, namely : — Section 4. Nothing contained in this 
act shall be construed to interfere with the corporate 
rights of any fishing company located on said bay, nor 
to in any way affect the fish weirs mentioned in section 



1887. — Chapter 198. 765 

seventy of chapter ninety one of the Public Statutes, nor 
to 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 Fair- 
haven, within a line drawn from Commorant rock south- 
westerly 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, or in the 
waters within one half mile of the shores of the town of 
Mattapoisett. 

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

Approved April 20, 1887. 

_ . , . 

An Act to amend the act incorporating the lenox water nT^r.^^ lOsi 

COMPANY. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. Section three of chapter two hundred and Lmox Water 

i Company, char- 

nine of the acts of the year eighteen hundred and seventy- ter amended. 
four is hereby amended so as to read as follows : — Said 
corporation may distribute its water throughout said 
town of Lenox, and throughout that portion of the town 
of Stockbridge which lies northeasterly of a line drawn 
from a point in the easterly line of said town of Stock- 
bridge, at the northwesterly corner of the town of Lee, 
to the northwesterly corner of said town of Stockbridge ; 
and may establish the rent therefor, and for this purpose 
may carry its conduits, pipes and drains over or under 
any water-course, street, railroad, highway or other way 
in such manner as not to obstruct the same, and may 
under the direction of the board of selectmen enter upon 
and dig up any road or way for the purpose of laying its 
conduits, pipes, and drains in such a manner as to cause 
the least hindrance to travel thereon, and in general may 
do any other acts and things necessary, convenient or 
proper for carrying out the purposes of this act. 

Section 2. Section four of said act is hereby amended foMiTsut'e!'' 
so as to read as follows : — Said corporation may for the 
purposes aforesaid hold real and personal estate not ex- 
ceeding in amount sixty-five thousand dollars, and the 
whole capital stock shall not exceed seventy-five thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 3. Section seven of said act is hereby Lenox watei 
amended so as to read as follows: — For the purpose of ceeTSooof*" 



766 1887. — Chapters 199, 200. 

defraying the cost of such franchise and corporate prop- 
erty as shall be purchased for the purposes aforesaid, 
the town of Lenox shall have authority to issue, from 
time to time, notes, scrip or other certificates of debt, 
to be denominated on the face thereof Lenox Water 
Scrip, to an amount not exceeding seventy-five thousand 
dollars, bearing interest payable semi-annually, and the 
principal shall be payable at periods not more than 
twenty years from the issuing of said scrip, notes or 
certificates, respectively ; and said town may sell the 
same or any part thereof, from time to time, at public or 
private sale, for the purpose aforesaid, on such terms and 
conditions as the said town shall deem proper. Said 
town is further authorized to make appropriations and 
assess from time to time such amounts, not exceeding in 
any one year the sum of five thousand dollars, towards 
paying the principal of the money so borrowed, and also 
a sum sufiicient to pay the interest thereon in the same 
manner as money is assessed and appropriated for other 
town purposes. 

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

Approved April 20, 1887. 

C/itt79.199 ^^ ^*^^ '^*^ ESTABLISH THE SALARY OF THE FIRST ASSISTANT CLERK 
OF THE SUPERIOR COURT FOR CIVIL BUSINESS IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, e'c, as follows: 
Sa{^«jy estab- SECTION 1. Beginning with the first day of January, 

eighteen hundred and eighty-seven, the salary of the first 
assistant clerk of the superior court for civil business in 
the county of Sufi'olk shall be twenty-six hundred dollars 
per annum. 

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

Approved April 20, 1887. 

ChClV.2iOO ^^ ^CT TO AMEND AN ACT TO AUTHORIZE THE POUGHKEEPSIE, 
HARTFORD AND BOSTON RAILROAD COMPANY TO EXTEND ITS 
RAILROAD. 

Be it enacted, etc., as follows: 

ranro?d^""^ Section L Section one of chapter two hundred and 

twenty-eight of the acts of the year eighteen hundred and 
eighty-five is hereby amended so as to read as follows : — 
Section 1. The Poughkeepsie, Hartford and Boston 



1887. — Chapter 201. 767 

Railroad Company, a corporation created by and existing 
under the laws of the state of New York, and its suc- 
cessor the New York and Massachusetts Kailway Com- 
pany, or any corporation which may take or succeed to 
the rights, privileges and immunities of either and both 
of said corporations, is hereby authorized to locate, con- 
struct, maintain and operate an extension of its railroad 
with one or more tracks from a point in the boundary 
line between this Commonwealth and the state of New 
York, through the towns of Egremont, Great Barrington 
and any town or towns contiguous to said Great Barring- 
ton, and through the towns of Otis, Sandisfield, Tolland, 
Granville, Blandford, Russell, South wick, Westfield, Aga- 
wam and West Springfield, or any of them, to Chicopee 
or any intermediate point upon said route, such extension 
to be located, constructed and operated according to and 
in conformity with the provisions of the laws of this Com- 
monwealth now existing or which may be passed with 
respect to railroads. 

Section 2. The time within Avhich said corporation Time extended 
may so locate and construct the extension of its railroad construcuon*"^ 
is hereby extended to the first day of July, eighteen 
hundred and ninety-one, and all acts and parts of acts 
conferring upon the said corporation and its successors 
franchise, rights, powers, privileges, authorities and im- 
munities are hereby confirmed and continued in force. 

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

Approved April 20, 1887. 



Cha2J.201 



An Act to authorize the sale to the new york and new 
england railroad company of the springfield and new 
london railroad, and of certain property of the boston 
and albany railroad company in springfield. 

Be it enacted, etc., as follows: 

Section 1. The Springfield and New London Rail- |P'''"8fi''i'i ""d 
road Company is hereby authorized, by a vote of a major- Railroad may, 
itv in interest of its stockholders at a meeting called for Vote.TeTi fran- 
the purpose, to sell and convey to the New York and New «;;;«^ «"d p^op- 
-England Railroad Company all or any part of its fran- 
chises, rights, privileges and property, real or personal. 

Section 2. The Boston and A]l)any Railroad Company certain prop- 
is hereby authorized by a vote of the directors to sell and the^sprVngHew"*^ 
convey to the New York and New England Railroad Com- "?„ Railroad' 
pany all or any part of the railroad property, formerly maybe sold. 



768 1887. — Chapter 202. 

the property of the Springcfield and Northeastern Railroad 
Company, lying between Spring street in the city of 
Springfield and the crossing of the railroad tracks for- 
merly of the Springfield and Northeastern Railroad 
Company over the main track of the Boston and Albany 
Railroad Company, together with all the franchises, 
rights and privileges appertaining to said railroad prop- 
erty. 
New York and Section 3 . Upon a convcyance to the New York and 
ho'id property Ncw England Railroad Company of the franchises, rights, 

and franchises ..,~ -. , ,. -.. ,. i 

upon convey- privilegcs and property mentioned in sections one and 
ance made. ^^^^ ^^ .^^^^ ^^^^.^ ^j. pai'ts thcrcof, the Ncw York and New 

England Railroad Company shall be possessed of the fran- 
chises, rights, privileges and property conveyed, and may 
have, hold and use the same in its own name and right as i 
a portion of its railway line and property, subject to all 
the duties and liabilities to which the property conveyed 
was subject when owned by the company conveying the 
same, and to all the general laws then or thereafter in 
force relating to railroad corporations. 

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

Approved April 20, 1887. 

(7A«79.202 ^^ ^^"^ ^^ RELATION TO THE RETURN AND RECORD OF BIRTHS, 

MARRIAGES AND DEATHS. 

Be it enacted, etc., as folloucs : 

Births, mar- SECTION 1. Scctiou fivc of chapter thirty-scvcn of the 

di^aths!*"'^ Public Statutes is hereby amended by inserting the word : 
p.'srsrrn! *" — deaths,— after the word " births " in the "fourth line 
thereof, so that the same shall read : — also any records of 
births, deaths and marriages kept by such city or town or 
by a parish within the same. 
An^en_dment to Section 2. Scctiou four of chapter thirty-two of the 
Public Statutes is hereby amended by adding at the end 
thereof the words": — all such returns shall be preserved 
b}" said clerk or registrar, and filed, arranged and indexed 
conveniently for examination and reference. 
Amentaient^o Section 3. Scctiou twcuty-four of chapter one hun- 
dred and fortj^-five is hereby amended by adding at the 
end thereof the w^ords : — all such returns shall be pre- 
served by said clerk or registrar, and filed, arranged and 
indexed conveniently for examination and reference. 
proviBionB §§ 2, SECTION 4. The provisious of sections two and three 

3 of this act to - , . , 1 n 1 . n i f • n 

apply to returns of this act shall apply to all returns or marriages and 

of marriages and x i ./ o 



1887. — Chapters 203, 204. 769 

deaths now in the offices of town and city clerks and city "^fatiis now in 

^ " omces of city 

registrars . and town clerks. 

Section 5. Section one of chapter thirty-two of the p^g^^g^g"'!""" 
Public Statutes is hereby, amended by inserting after 
the word " burial " in the twentieth line of said section 
the words : — if the deceased was a married woman the 
name of her husband. 

Section 6. This act shall take effect upon its passage. 

Approved April 20, 1887. 



An Act to incorporate the attleborough agricultural asso- 
ciation. ' 



Chajj.20d 



Be it enacted, etc., as follows: 

Section 1. Elisha G. May, Thomas A. Barden, Attleborough 
William M. Fisher, Elton I. Franklin, Isaac Alger, ifsSon' 
Joseph G. Barden, James J. Horton, their associates and incorporated. 
successors within the towns of Attleborough, Wrentham, 
Foxborough, Eehoboth, Franklin, Mansfield and Norton, 
are hereby made a corporation under the name of the 
Attleborough Agricultural Association, located at Attle- 
borough, for the encouragement of agriculture, horti- 
culture and the arts, by premiums and other means, with 
all the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in all the general laws 
which now are or may hereafter be in force applicable to 
such corporations. The capital stock of said corporation CapUai stock 
shall not exceed thirty thousand dollars, to be divided '»"'' «*""^''«- 
into shares of twenty-five dollars each, and said corpora- 
tion is hereby authorized to hold, by purchase, gift, 
devise or otherwise, real and personal estate to an amount 
not exceeding thirty thousand dollars. 

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

Approved April 20, 1887. 



An Act to establish the rates of pilotage for the ports of 

SALEM and BEVERLY. 



C/iap.204: 



Be it enacted, etc., as follows : 

Section 1. The rates of pilotage for the ports of ^^es of pilotage 
Salem and Beverly shall hereafter be the same as those saiem and Bev- 
established for outward and inward bound vessels for the ae for^Bo^sto^" 
port of Boston. 



770 



1887. — Chapteji 205. 



May erect build- 
ing, etc., upon 
eBtatein Boston. 



May issue new 
shares and may 
mortgage prop- 
erty. 



Eepeai. SECTION 2. All acts oi* parts of acts inconsistent here- 

with are hereby repealed. 

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

AjJj^roved April 20, 1887. 

Ch(ip.205 ^^ ^^'^ '^^ ENLARGE THE PURPOSES OF THE BOYLSTON MARKET 
ASSOCIATION OF BOSTON, AND TO AUTHORIZE THE ISSUE OF ADDI- 
TIONAL STOCK BY SAID ASSOCIATION. 

Be it enacted, etc., as folloios: 

Section 1. The Boylston Market Association may use 
and improve its real estate at and near the corner of 
Washington and Boylston streets, in the city of Boston, 
by erecting thereon a building or buildings suitable in its 
purposes and design for that locality. 

Section 2. The par value of shares in the capital 
stock of said corporation already issued shall be one thou- 
sand dollars, and it may issue new shares, the whole 
number not to exceed fifteen hundred of the same par 
value, and may mortgage its real estate to secure moneys 
borrowed by it to a sum not exceeding five hundred thou- 
sand dollars. 

Section 3. The real estate now owned by said cor- 
poration and any buildings erected or hereafter to be 
erected thereon may be used, enjoyed, or let for such 
lawful purposes as may be suitable for the locality, and 
may seem proper in the judgment of the corporation or 
its .officers. 

Section 4. The corporation shall elect its officers by 
ballot, by a majority of the stockholders present at a 
meeting duly called, each share being entitled to one vote, 
and absent members being entitled to vote by proxy 
authorized in writing, and shall be in all respects subject 
to the laws which are now or may hereafter be in force in 
regard to voting by members of corporations. Said cor- 
poration shall be subject to all general laws which now are 
or hereafter may be in force so far as they may be appli- 
cable. 

Section 5, Anything in the act of incorporation of 
said Boylston Market Association, passed the twenty- 
seventh day of February in the year eighteen hundred and 
nine, inconsistent herewith, is hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved April 20, IS 87. 



Premises may 
be used or let 
for any lawful 
purposes. 



Officers to be 
elected by 
ballot. 



Repeal. 



1887. — Chapters 206, 207. 771 



An Act to prohibit the unlicensed selling, distributing or njinn 206 

DISPENSING OF INTOXICATING LIQUORS BY CLUBS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter one hundred cathig^ilqlTol-s 
of the Public Statutes is amended so as to read, as byciuba. 
follows: — tiection 45. All buildings or places used by 
clubs for the purpose of selling, distributing or dispensing 
intoxicating liquors to their members or others shall be 
deemed common nuisances ; and whoever keeps or main- 
tains, or assists in keeping or maintaining, such a common 
nuisance, shall be punished by fine of not less than fifty 
nor more than one hundred dollars, and by imprisonment 
in the house of correction for not less than three nor 
more than twelve months: provided, that in any city or ciubsmaybe 
town in which the inhabitants vote, as provided in section towns, etc., 
five of this chapter, that licenses shall be granted, the uiatucenser** 
licensing board may, upon apf)lication therefor, and the shaii be granted. 
payment to the treasurer of such city or town of such a 
fee as said board may determine, the same to be not less 
than fifty nor more than five hundred dollars, grant to 
any club that they may deem a proper organization and 
'not injurious to the welfare, good order and morality of 
the community, and which has not organized for the 
apparent purpose of engaging in or giving employment 
•to any of its members by engaging in the business of sell- 
ing, distributing or dispensing intoxicating liquors to its 
imembers or others, a special club license authorizing the 
distributing and dispensing of intoxicating liquors by said 
club, on the premises occupied by it and to be specified 
and described in said license, to its members ; which 
license may be revoked at any time. The provisions of 
section* seven, twelve and thirteen of this chapter shall 
not be applicable to such licenses. 

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

Approved April 20, 1887. 



An Act to discontinue the asylum for the insane at ipswich. C]iaii.2(fk 
Be it enacted, etc., as follows: 

Section 1. On or before the first day of October in Asylum for the 
the year eighteen hundred eighty-seven, the a.sylum for wiTh to^bc^dis- 
the insane at Ipswich shall be discontinued and no more <:o"'i»"ed- 
commitments shall be made thereto and all persons now 



772 1887. — Chapters 208, 209, 210. 

confined there as insane shall be returned to the cities or 
towns from which they were sent. 
Repeal. SECTION 2. Scctions forty-scven, forty-cight and forty- 

nine of chapter eighty-seven of the Pablic Statutes and all 
acts or parts of acts inconsistent with this act are hereby 
repealed. Approved April 20, 18S7. 

Oha 0,203 ^^ ^^'^ '^^ establish the salary ok the clerk op the police 

CODRT OP LAWRENCE. 

Be it enacted, etc., as follows: 
saia^'T estftb- SECTION 1. The sakry of the clcrk of thc poHcc coui't 

of Lawrence shall be twelve hundred dollars per annum, 
beginning with the first day of January in the year eight- 
een hundred and eighty-seven. 

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

Approved April 20, 1887. 

ChciV.^OQ An Act to establish the salary of the assistant state 

LIBRARIAN AND CLERK OP THE BOARD OP EDUCATION. 

Beit enacted, etc., as follows: 
Salary estab- SECTION 1. The assistaut statc librarian and clerk of 

the board of education shall hereafter receive an annual 
salary of twenty-five hundred dollars. 

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

Approved April 20, 1887. 

(JJiap.^ilO An Act to establish the number of members of the common 

COUNCIL OF the city OF BOSTON. 

Be it enacted, etc., as folloivs : 

Number of SECTION 1. At cvcry auHual municipal election here- 

^XionVouucii after held in the city of Boston, the qualified voters in the 

Boston esta'b- scverai wards shall bring in their votes by ballot for able 

iiBhed. g^jj(j discreet men, qualified voters in their respective wards, 

to be members of the common council for the ensuing year, 

as follows : In ward one, for three members ; in ward 

two, for three members ; in ward three, for two members ; 

in ward four, for two members ; in ward five, for three 

members ; in ward six, for two members ; in ward seven, 

for two members ; in ward eight, for two members ; in 

ward nine, for two members ; in ward ten, for three 

members ; in ward eleven, for four members ; in ward 

twelve, for three members ; in ward thirteen, for three 

members ; in ward fourteen, for four members ; in ward 



J 



1887. — Chapters 211, 212. 773 

fifteen, for three members; in ward sixteen, for three 
members : in ward seventeen, for three members ; in ward 
eighteen, for three meml)ers ; in ward nineteen, for three 
members ; in ward twenty, for four members ; in ward 
twenty-one, for three members ; in ward twenty-two, for 
three members ; in ward twenty-three, for three mem- 
bers ; in ward twenty-four, for four members ; and in 
ward twenty-five, for two members ; and all the ballots, 
so given in each precinct, being sorted, counted and 
declared, a public declaration of the result shall be made 
by the warden in open precinct meeting ; and a record 
of such proceedings shall be kept by the clerk in his 
journal, stating the number of ballots given for each 
person, written in words at length. 

Section 2. Section two of chapter two hundred and Repeal. 
forty-three of the acts of the year eighteen hundred and 
seventy-five is hereby repealed. 

Section 3. This act shall take efiect upon its accept- ac^pt^aVceby 
ance by the city council of the city of Boston. ^^^ city council. 

Approved April 20, 1887. 

An Act to establish the salaries of the county commis- ^j^//7t911 
signers of hampshire county. 

Be it enacted, etc. , as follows : 

Section 1. The salaries of the county commissioners salaries estab- 
of Hampshire county shall be sixteen hundred dollars per '* ^ ' 
annum. 

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

Approved April 20, 1887. 



Chap.212 



An Act to accept an annual appropriation of money by 

THE congress OF THE UNITED STATES, FOR THE SUPPORT OF 
agricultural EXPERIMENTS WITHIN THE COMMONWEALTH. 

Be it enacted, etc. , as follows : 

Section 1. The Commonwealth of Massachusetts Appropriation 
hereby assents to and accepts a grant of moneys to be unued states 
annually made by the United States, as set forth and ^ZS'X^''' 
defined in an act of congress, entitled an " Act to estab- ceptcdbythe 

. ® . . . . . Commonwealth. 

lish agricultural experiment stations in connection with 
the collew'es established in the several states, under the 
provisions of an act approved July second, eighteen 
hundred and sixty-two and of the acts supplementary 
thereto", — said act, designated Public No. 112, being 



774 



1887. — Chapter 213. 



Grovernor to 
notify the 
government of 
the U. 8. 



Boston Water 
Trust and In- 
vestment Com- 
pany incor- 
porated. 



passed at the second session of the forty-ninth Congress 
and approved March second, eighteen hundred and 
eighty-seven, — and upon the terms and conditions con- 
tained and set forth in said act of confess. 

Section 2. The s^overnor of the Commonwealth is 
hereby authorized and instructed to give due notice there- 
of to the government of the United States. 

Approved April 20^ 1887. 

Chap.2\S ■'^N -^^'^ "^^ INCORPORATE THE BOSTON WATER TRUST AND IN- 
VESTMENT COMPANT. 

Be it enacted, etc., as follows: ' 

Section 1. Herbert B. Church, S. Lawrence French, 
Charles C. G. Thornton, George O. Manchester, Isaac C. 
Wyman, John G. Hathaway, Josiah S. Dean, Eugene B. 
Abbot, their associates and successors, are made a cor- 
poration by the name of the Boston Water Trust and In- 
vestment Companj', for the purposes hereinafter set forth, 
to have its place of business in the city of Boston, and to 
be subject to the provisions of all the 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 
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 man- 
ner as the board of directors may decide : provided, that 
said corporation shall not begin the transaction of busi- 
ness until capital stock to the amount of two 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. Said corporation may invest its funds ex- 
cept as hereinafter provided, in mortgages, bonds, notes 
or other 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 ; also in the purchase 
of bonds or other evidences of debt issued by persons or 
corporations engaged in the business of building, main- 
taining or operating water works and secured by mort- 
gage thereon, and may take and hold as additional 
security for such investment the stock of corporations 
engaged in said business, may sell and dispose of the 



Capital stock 
and shares. 



Investment of 
funds. 



1887. — Chapter 213. 775 

same, and ma}^ issue its debentures to an amount not 
exceeding ninety per cent, of the face value of said bonds 
or other evidences of debt owned by it, and secure the 
same by a deposit of said bonds and evidences of debt in 
some trust company organized by the laws of Massachu- 
setts, and doino- business in Boston as trustee for the 
holders of said debentures. 

Section 4. The company shall set apart as a guaran- ounrantee 
tee fund not less than ten per cent, of its net earnings in 
each and every year, until such fund with the accumu- 
lated interest thereon shall amount to one-fourth of the 
capital stock actually subscribed and paid in, in cash. 
Said guarantee fund shall be invested in the securities in 
which savings banks are allowed to invest by the laws of 
this Commonwealth. 

Section 5. The shareholders of said corporation shall gjl^reholdera 
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 Commonwealth. 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 G. The said company shall annually make To make annual 
certificate and returns to the office of the secretary of the retunfj! ^ ^" 
Commonwealth, in the manner provided in section fifty- 
four of chapter one hundred and six of the Public Stat- 
utes, 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 to the vaults, books and papers of said corpo- 
ration and shall have the right to examine and inquire 
into its affairs, and to take proceedings in regard to them 
at such times as he shall deem necessary. 

Section 7. Said corporation for purposes of taxation Taxation. 
shall be subject to the laws which are now or ma}^ here- 
after be in force in this Commonwealth relating to the 
taxation of manufjicturing corporations, so far as the same 
may be applicable, and the returns to be made by said 
corporation shall be those provided in section six of this 
act and in section thirty-eight of chapter thirteen of the 
Public Statutes of this Commonwealth, and by acts passed 
in amendment of said section thirty-eight and those which 



776 



1887. — Chapter 214. 



Shares assigna- 
ble and trans- 
ferable. 



may be required by general laws from all corporations in 
the said Commonwealth. 

Section 8. The shares of the capital stock of said 
corporation shall be assignable and transferable accord- 
ing to such rules and regulations as the stockholders 
shall for that purpose ordain and establisli, and not 
otherwise. 

Section 9. This act shall take effect upon its passage. 

Approved April 21 , 1887. 



May be cited as 
the Massacliu- 
selts Insurance 
Act of 1887. 
Definition of 
words and 
phrases. 



(7^fW.214 ^^ ^^"^ '^'^ AMEND AND CODIFY THE STATUTES RELATING TO 

INSURANCE. 

Be it enacted, etc., as foUoios: 

Section 1. This act may be cited as the Massachu- 
setts Insurance Act of eighteen hundred and eiohty-seven. 
When consi.stent with the context and not oV)viously 
used in a diftereut sense the term "compan}'" or "in- 
surance company," as used herein, includes all corpora- 
tions, associations, partnerships or individuals engaged as 
principals in the business of insurance ; the word " domes- 
tic" designates tho.se companies incorporated or formed 
in this Commonwealth, and the Avord " foreian," when 
used without limitation, includes all those formed by 
authority of any other state or government ; the terms 
''unearned premiums" and "reinsurance reserve," and 
" net value of policies" or " premium reserve," severally 
intend the liability of an insurance company upon its 
insurance contracts, other than accrued claims, computed 
by rules of valuation established by section eleven ; by 
the term " net assets" is meant the funds of an insurance 
company available for the payment of its oliligations in 
Massachusetts, ineludino-, in the case of a mutual tire 
company, its deposit notes or other contingent funds, 
and, in the case of a mutual marine or mutual fire and 
marine company, its subscription fund and premium notes 
absolutely due, and also including uncollected and deferred 
premiums not more than three months due, on policies 
actually in force, after deducting from such funds all 
unpaid losses and claims and claims for losses and all 
other debts and liabilities inclusive of policy liability and 
exclusive of capital ; the " profits" of a mutual insurance 
company are that portion of its cash funds not required 



1887. — Chapter 214. 777 

for payment of losses and expenses nor set apart for any 
purpose allowed by law. 

Sectiox 2. All insurance companies now or hereafter companies sub- 
incorporated or formed by authority of any general or ^""^^ ^° '"'*■ 
special law of this Commonwealth, except corporations Excepuona. 
formed under the provisions of chapter one hundred and 
fifteen of the Public Statutes and of correspondent stat- 
utes, and except companies formed under or subject to 
chapter one hundred and eight}' -three of the acts of the 
year one thousand eight hundred and eighty-five, ma}' 
exercise the powers and shall be subject to the duties and 
liabilities provided by this act. And the general court charter may be 

A . ^ /v • 1 1 • 1 amended or cor- 

may, lor any cause it deems sumcient, annul or dissolve porauon dis- 

1,. I'jij 1 1 solved by the 

any such corporation or revoke its charter, and may amend general court. 
or repeal the laws affecting the powers and obligations of 
such corporations. 

Section 3. A contract of insurance is an ao-reement Contract of in- 
by which one party for a consideration promises to pay los Mae's. 149. 
money or its equivalent or to do some act of value to the 
assured upon the destruction or injury of something in 
which the other party has an interest, and it shall be unlawful to 

ij.!/. J 1 1 1 n • negotiate or 

unlawiul tor any company to make any contract ot insur- make coutracts 
ance upon or concerning aii}^ property or interests or lives Ts he'rei'nlu-''" 
in this Commonwealth or with any resident thereof, or tborized. 
for any person as insurance agent or insurance broker to 
make, negotiate, solicit, or in any manner aid in the 
transaction of such insurance, unless aiid except as Exceptions. 
authorized under the provisions of this act : provided, Proviso, 
that corporations formed under chapter one hundred and 
fifteen of the Public Statutes and of correspondent stat- 
utes may make provision for and pay benefits to their 
members and to the widows, orphans, relatives and other 
dependents of deceased members in the mode provided in 
said chapter and amendments : and, cdso provided, that 
nothing herein shall aflect the rights or powers of corpora- 
tions engaged in the transaction of life and casualty 
insurance upon the assessment plan under the authority 
of chapter one hundred and eighty-three of the acts of 
the year one thousand eight hiuidred and eighty-five, to 
transact the business authorized l)y said chapter. All ^'"er.^pd ^y ^'^ 
contracts of insurance on property in this Commonwealth j^fassachusetts 
shall be deemed to be made therein. 



778 



1887. — Chapter 214. 



Insurance com- 
missioner to 
hold ottice for 
term of three 
years. 



To give bond. 



Salary. 



DEPART5IENT AND COMMISSIONER OF INSURANCE. 

Section 4. The dei^artment of insurance shall remain 
as now estal)lishecl. Its chief officer, apjiointed by the 
governor with the advice and consent of the conncil, shall 
be styled the Insurance Coininissioner for the Common- 
wealth, and shall hold his office for tho term of three 
years from the date of his commission and until his suc- 
cessor is ai)]iointed and qualitied unless sooner removed hy 
the jxovernor. He shall i>ive bond with sureties in the 
sum of ten thousand dollars, to l)e approved by the treas- 
urer of the Commonwealth, for the faithful discharoe of 
his duties, and shall receive in full compensation for his 
services an annual salar}^ of three thousand. dollars. 



Deputy com- 
missioner. 
Salary. 



To act as com- 
missioner in 
case of vacancy 
etc. 

Clerks and 
assistants. 
Salaries. 
.1880, 187. 



I'OWERS AND DUTIES OK THE COMMISSIONER. 

Section 5. The commissioner shall exerdse the pow- 
ers and perform the duties conferred and imposed upon 
him by this act or l)y any other law of the Common- 
wealth. He may Avith the approval of the governor and 
council a}')])oint and with their consent remove a deputy, 
connnissioner to assist him in his duties who shall receive 
an annual salary of twenty-five hundred dollars. In the 
event of a Aacancy in the office of commissioner or during 
the al)sence or disabilit}" of that officer the deputy com- 
missioner shall perform the duties of the office. The 
conmn'ssioner may employ in his department a chief clerk' 
Avith an annual salai'\- of two thousand dollars, a second 
clerk with an annual salary of fifteen hundred dollars, a 
third clerk with an annual salary of twelve hundred dol- 
lars, and such additional clerks and assistants as the public 
business in bis charge may require at an expense not to 
exceed eisht thousand dollars a year. 



Commissioner 
to examine com- 
panies as to 
their qualifica- 
tion under the 
laws. 



To visit and ex- 
amine domestic 
companies every 
three years, or 
oftener if expe- 
dient. 



Qualificatio7i and Examination of Comjjanies. 

Section 6. Before ofrantino- certificates of authority 
to an insurance company to issue policies or make con- 
tracts of insurance he shall l)e satisfied, by such examina- 
tion and CA idence as he sees fit to make and require, that 
such company is otherwise duly qualified under the laws 
of the Commonwealth to transact lousiness therein. As 
often as once in three years he shall personally or b}' 
bis deputy or chief clerk A'isit each domestic insurance 



1887. — Chapter 214. 779 

company, and thoroughly inspect and examine its affairs, p. s. n9, §6, 
especially as to its financial condition and ability to fulfil ^^^^-^ss- 
its oblioations and whether it has complied with the laws. 
He shall also make an examination of any such company 
whenever he deems it prudent to do so or upon the re- 
quest of five or more of the stockholders, creditors, 
policy-holders or persons pecuniarily interested therein 
who shall make affidavit of their belief, with specifications 
of their reasons therefor, that such company is in an un- 
sound condition. Whenever he deems it prudent for the to visit and 
protection of policy-holders in this Commonwealth, he com'^'a"n*ie8'!'^^'^" 
shall in like manner visit and examine or cause to be 
visited and examined by some competent person or per- 
sons he may appoint for that purpose any foreign insur- 
ance company applying for admission or already admitted 
to do business by agencies in this Commonwealth, and fixpensesof ex- 

, ,'',,«^ , - . ' . amination. 

such company shall pay the proper charges incurred in p. s. 119, § 7. 
such examination, including the expenses of the com- 
missioner or his deputy and the expenses and compensa- 
tion of his assistants employed therein. For the purposes To have free 
aforesaid the commissioner or his deputy or person making and'paper^8?°''* 
the examination shall have free access to all tl*e books and 
papers of an insurance company that relate to its busi- 
ness, and to the ])Ooks and papers kept by any of its 
agents, and may summon and qualify as witnesses under May examine 
oath and examine the directors, officers, agents and trus- ^uhf* Penalty? 
tees of ail}" such company and any other persons, in rela- see§io8. 
tion to its aflairs, transactions and condition. 

Unsound and Delinquent Cowpcmies. 

Section 7. If he is of opinion upon examination or if foreign com- 
other evidence that a foreign insurance company is in an oHn deS""*^ 
unsound condition, or if it has failed to comply with the to'revoke^or''*^ 
law, or if it, its officers or aa'cnts refuse to submit to suspend its 

,• , ,. ", 1 1 1- .- • 1 . authority to do 

exammatjon or to perform any leaal obli<>ation m rchition business. 
thereto, or, if a life insurance company, that its actual see §66. 
funds exclusive of its capital are less than its liabilities, 
he shall revoke or sus])end all certificates of authority 
granted to it or its agents, and shall cause notifications 
thereof to be pul)lishcd in the newspaper in which the 
general laws are puljlished, and no new business shall 
thereafter be done by it or its agents in this Common- 
wealth while such default or disability continues, nor until 



■780 



1887. — Chapter 214. 



To apply for in- 
junction in case 
of ineolrency, 
etc., of a domes- 
tic company, 
p. S. 119, §§ 14, 
15. 



Powers of court. 



To notify 
domestic com- 
pany to mnke 
good its capital 
■when impaired 
-25 per cent. 



To apply for in- 
junction, etc. 



To notify 
domestic com- 
pany to cease 
business if funds 
are deficient. 
See § 66. 
P. S. 119, § 155. 



To report viola- 
tions of law to 
attorney-gen- 
. eral. 



its authority to do lousiness is restored by the commissioner. 
If, upon examination, he is of opinion that any domes- 
tic insurance company is insolvent, or has exceeded its 
powers, or has failed to comply with any provision of law, 
or that its condition is such as to render its further pro- 
ceedings hazardous to the public or to its policy-holders, 
he shall apply to a justice of the supreme judicial court to 
issue an injunction restraining it in whole or in part from 
further proceeding Avith its business. Such justice may, 
in his discretion, issue the injunction forthwith or upon 
notice and hearing thereon, and after a full hearing of the 
matter may dissolve or modify such injunction or make it 
perpetual, and may make all orders and decrees needful 
in the premises, and may appoint agents or receivers to 
take possession of the property and effects of the company 
and to settle its affairs sul)ject to such rules and orders as 
the court may from time to time prescribe, according to 
the course of proceedings in equity. 

Section 8. AVhenever it appears to him that the cap- 
ital of a domestic insurance company is impaired to the 
extent of one-fourth or more on the basis lixcd in section 
eleven, he ghall notify the company that its capital is 
legally subject to be made good in the mode provided by 
section thirty-five, and if such company shall not within 
three months after such notice satisfy him that it has fully 
repaired its capital, or reduced its capital as provided in 
section thirtj^-seven, he shall institute proceedings against 
it in accordance with the preceding section. 

Section 9. When the actual funds of a domestic life 
insurance company, exclusive of its capital, are not of a 
net cash value equal to its liabilities, including the net 
value of its policies computed by the rule of valuation 
estal)lished by section eleven, he shall notify such company 
and its agents to issue no new policies until its funds , 
become equal to its liabilities. 

Section 10. If upon examination or other evidence j 
exhibited to him he is of opinion that any insurance 
company or an officer or agent thereof has violated anyi 
provision of this act he shall report the facts to the at- 
torney-general, who shall cause such company, officer or] 
agent to be prosecuted therefor. 



1887. — Chapter 214. 781 

Vahiation of Life Policies. Reinsurance Reserve, Assets. 

Section 1 1 . He shall each year compute the net value to value poii- 
011 the thirty-first day of December of the preceding year Sii°B^'mui;u!y. 
of all outstandino- policies of life insurance in companies {^'j'*; °^ ^'^'""" 
authorized to make insurance on lives in this Common- p-^s^iiq, §§ i;, 
Avealth upon the basis of the "Combined Experience" 
or ' ' Actuaries' Table " rate of mortality with interest at 
four per cent, per annum, and the aggregate net value, so 
ascertained, of the policies of any such company shall be 
deemed its liability on account of its policy ol:)ligations, 
other than accrued claims, to provide for which it shall 
hold funds in secure investments of an amount equal to 
such net value above all its other lialiilities. When the 
actual premium charged b}^ a company for an insurance is 
less than the net premium for such insurance, computed 
according to the table of mortality and rate of interest 
aforesaid, then, and in every such case, the company shall 
be charged as a separate liability with the value of an 
annuity, the amount of which shall equal the difference 
between the premiums aforesaid, and the term of which 
in years shall equal the number of future annual pay- 
ments due on said insurance at the date of the valuation. 

To determine the liability upon its contracts of insur- Paiie for com- 
ance of an insurance company, other than life and real L^rve'forrL'^''" 
estate title insurance, and thence the amount such com- pX-v^nabin'ty 
pany shall hold as a reserve for reinsurance, he may take ^,%?- ^^^;,f ^^^ 
fifty per cent, of the premiums written in its policies ; l)ut issi,' c! its! 
in respect to marine risks he shall compute the liability 
thereon by charging sixty per cent, of the amount of pre- 
miums written in its policies upon yearly risks and upon 
risks covering more than one passage not terminated, and 
the full amount of premiums written in policies upon all 
other marine risks not terminated : f)rovided, that in the 
case of foreign fire and marine insurance companies with 
less than thi-ee hundred thousand dollars capital admitted 
to transact fire insurance only in this Commonwealth, the 
tiill amount of premiums written in their marine and 
inland navigation and transportation insurance policies 
shall l)e charged as liability. In valuing the assets valuation of 
which compose the legal reserve of a life insurance companLef^ 
company, the real estate, the bonds and stocks shall 
be taken at such a value that the average annual 
income thereof shall ])e not less than four per cent. 



782 



1887. — Chapter 214. 



What assets are 
admissible. 



P. 8. 119, § 64. 



Shall examine 
' and certify pro- 
ceedings of com- 
panies to in- 
crease or reduce 
capital. 
See §§ 35, 36, 37. 



of the valuation ; and if any asset or investment is condi- 
tioned upon a rate of interest of less than four per cent, 
annually, such asset or investment shall be rated at its 
value, considerino; the actual income and time it has to 
run, as the equivalent of a four per cent, investment; 
loans and credits shall not l)e allowed for more than their 
face value, nor shall any asset or investment be appraised 
for more than its market value. This clause shall take 
effect on the thirty-first day of December, in the year 
one thousand eight hundred and eighty-nine. He shall 
allow to the credit of an insurance company in the 
account of its financial condition only such assets as 
are immediately available for the payment of losses in 
Massachusetts, l^ut ma}^ credit any deposits or funds of 
the company set apart as security for a particular lialnlity 
in set-off to the amount charged on account of such liability. 
He shall not allow stockholders' obligations of any de- 
scription as part of the assets or capital of any stock 
insurance company unless the same are secured by compe- 
tent collateral. 

Sectiox 12. He shall, upon application, examine the 
proceedings of domestic companies to increase or reduce 
their capital stock and when found conformable to law 
shall indorse certificates thereof, and shall issue certifi- 
cates of authority to such companies to transact business 
upon such increased or reduced capital. 



To audit the 
accounts of re- 
ceivers of insol- 
vent companies, 
and report to 
the court. 



May examine 
receivers and 
their books and 
papers. 



Shall certify 
misconduct of 
receiver, and 
uselessncss of 
proceedings to 
collect assess- 
ment. 
P. S. 119, 
§§ 170-172. 



Accounts, etc., of Receivers. 

Section 13. He or his deputy shall annually, and 
oftener if there seems occasion, examine the accounts and 
transactions of all receivers of insolvent insurance com- 
panies ; and shall also carefully examine all accounts of 
such receivers referred to him under the provisions of sec- 
tion ninety-five, and make report thereof to the court. 
For the above purposes he or his deputy shall have 
free access to the official books and papers of such receiv- 
ers relative to their transactions and may examine such 
receivers under oath as to all matters connected therewith. 
Whenever in his opinion any receiver has violated his 
duty in office, or further proceedings by receivers to col-: 
lect an assessment will not offer substantial relief to, 
creditors, the commissioner shall certify the facts to the 
court having jurisdiction of the proceedings. 



1887. — Chapter 214. 783 

Suits against Foreign Companies. 

Section 14. When legal process is served upon him to act as attor- 
as attorney for a foreign company under the provisions of compan/e°8 fo?" 
the third clause of section seventy-eiaht he shall forthwith service of lawful 

•^ o process. 

notify the company of such service by letter prepaid and 
directed to its secretary, or in the case of a company of 
a foreign country to its resident manager, if any, in the 
United States; and shall within two days after such ser- To give notice 
vice forward in the same manner a copy of the process of procosset';'*"' 
served on him to such secretary or manager, or to such ^03^""''"^^^-'^^' 
other person as maj'- have been previously designated by 
the company b}'^ written notice filed in the oifice of the 
commissioner. As a condition of valid and etiectual ser- 
vice, and of the duty of the commissioner in the premises, 
the plaintift' in each such process shall pay to the commis- 
sioner at the time of service thereof the sum of two dol- 
lars which the said pLiintiff shall recover as taxable costs 
if he prevails in his suit. The commissioner shall keep 
a record of all such processes which shall show the day 
and hour of service. 

Fees and Charges. 

Section 15. He shall collect and pay into the treas- to collect fees 
ury charges and fees as follows : for valuation of life pjiilfis.'"^ "^^ 
policies, live mills for each thousand dollars of insurance ; 
for each examination of a domestic company's qualitica- 
tion to transact business, thirty dollars ; of each foreign 
comi)any for filing copy of charter or deed of settlement, 
thirty dollars, and for filing statement with application 
for admission and for each annual statement, twenty dol- 
lars ; for each license to procure fire insurance in unau- 
thorized foreign companies, twenty dollars annually; for 
each certificate to insurance broker, ten dollars ; for each 
certificate or renewal thereof to an insurance aaent, two 
dollars ; for each certificate of the valuation of the poli- 
cies of any life insurance company and for each certificate 
of the examination, condition or qualification of an insur- 
ance company, two dollars ; for each service of lawful 
process upon him as attorney, tAvo dollars ; for each copy 
of any paper on file in his office, twelve cents a page and 
one dollar for certifying the same ; and all other fees and 
charges due and paj'able into the treasury for any oflScial 
act or service of the commissioner. 



784: 



1887. — Chapter 214. 



Blanks for Statements and Returns. 
Shall furnish Section 16. He sliiill ill December of each year fur- 

olanks tor an- , , . ^ ^ «' 

nuai statements nish to cach of the insuraiice companies authorized to do 

and tor returns ,. • A^ r^ 1,^ , iii« 

of fires. business ill the Commonwealth, two or more blanks in 

i883,'33!§y^' form adapted for their annual statements; and, similarly, 
p. s. 35, § 11. sliall prepare and forward to the mayor and aldermen and 
selectmen of the several towns and cities of the Common- 
wealth suitable blanks for returns of fires as provided by 
sections ten and eleven of chapter thirty-five of the 
Public Statutes. 



Shall keep a rec- 
ord of his trans- 
actions. 
P. S. 119, § 20. 

Shall make an- 
nual report to 
the legislature. 
P. S. 119, § 21. 



Record and Annual Rcjjort. 

Section 17. He shall keep and preserve in a perma- 
nent form a record of his proceedings, including a concise 
statement of the result of official examinations of insur- 
ance companies. He shall annually, and as early as con- 
sistent Avitli full and accurate ])reparation, make a report 
to the general court of his official transactions, and shall 
include in such report a statement of the receipts and ex- 
penditures of his department for the preceding year ; a 
compilation of the statistics of casualty fires in the Com- 
monwealth, from returns made pursuant to section ten of 
cluqiter thirty-five of the Public Statutes ; a report of the 
condition of the receiverships of insolvent companies ; an 
exhiliit of the financial condition and business transactions 
of the several insurance companies as disclosed by official 
examinations of the same or b}^ their annual statements, 
abstracts of which statements together with his valuation 
of life policies shall appear therein ; and such other in- 
lormation and comments in relation to insurance and the 
public interest therein as he deems fit to communicate. 



To do business 
and issue poli- 
cies in corpo- 
rate name. 
P. S. 119, § 178. 



Liabilities to be 

published with 

assets. 

P. S. 119, § 179. 

Penalty. 

See § 100. 



PROVISIONS COMMOX TO ALL C0M:PAXIES. 

Section 18. Every insurance company, foreign or 
domestic, shall conduct its business in the Commonwealth 
in its own proper and corporate name, and the policies 
and contracts of insurance issued by it shall be headed 
or entitled only by its proper or corporate name. 
When any such company publishes its assets it shall in 
the same connection and with equal conspicuousness pub- 
lish its liabilities computed on the basis allowed for its 
annual statements, and any publication purporting to show 
its capital shall exhibit only the amount of such capital as 



1887. — Chapter 214. 785 

has been actually paid in cash. Such publications shall 
be held to include all policies, renewals, signs, circulars, 
cards or other means by which public announcements are 
made. 

Section 19. Every such company shall be liable to Liable to taxa- 

. -,-,,•• • tion ; to make 

taxation by any general law taxmg msurance companies, returns for as- 
and it ishall by its proper officers make, to the tax com- taxeT.^'^'^° 
missioner or other officer of the Commonwealth, such re- p-s.iw, §45. 
turns and statements of its business and affairs as the law 
may require for the purpose of assessment of such taxes, 
and thereupon its officers and agents may be examined 
under oath by the officer to whom such returns are to be 
made. 

Section 20. No company authorized to transact the shaii not rein. 
business of insurance in this Commonwealth shall directly thorized com- 
or indirectly contract for or effect any reinsurance of any ^^ii^l\ ^20. 
risk or part thereof taken by it on property in this l^^^'v^:^ 
Commonwealth with any company not authorized to 
transact such business of insurance in this Commonwealth, hazard. ^'°" ^ 
And no such company shall insure in a single hazard a fgV^' ^^^' ^^ **''' 
laro'er sum than one-tenth of its net assets. «!rx'*7f;-? 

Section 21, No oral or written misrepresentation Misrepresenta- 
made in the negotiation of a contract or policy of insur- not\o^avoid"^'' 
ance, by the assured or in his behalf, shall be deemed p^J'*^^™'^®®' 
material or defeat or avoid the policy or prevent its ?• ''^ i^^, § isi. 
attaching, unless such misrepresentation is made with 
actual intent to deceive, or unless the matter misrepre- 
sented increased the risk of loss. 

ruOVISIONS SPECIAL TO MASSACHUSETTS COMPANIES. 

Section 22. The o:eneral provisions of law relative to subject to gen. 
the powers, duties and lialnlities of corporations shall |;^'-^."=o'p°'''^"°° 
apply to all incorporated domestic insurance companies so ^' ^' ^^'^' ^ ^■ 
far as such provisions are pertinent and not in conflict 
with other provisions of law relative to such companies or 
with their charters. 

Section 23. Domestic insurance companies incorpo- to continue 
rated by special acts, whose charters are suljject to a limi- rattaft^er'ex-' 
tation of time, shall after such limitation expires continue I'ii-ation of 

' I cuartcr liniita. 

to be bodies corporate, subject to all general laws applica- 'Jon. 
ble to such companies. 

Section 24. No domestic insurance company shall ^^."t'eirom'' 
issue policies until upon examination by the commissioner commissioner 
or his deputy it is found to have complied w^ith the laws poiicils.*^"'"^ 

'■ "^ '■ p. S. 119, §5. 



786 



1887. — Chapter 214. 



May adopt by- 
laws and divide 
directors into 
classes. 
P. S. 119, § 43. 
1884, c. 74. 



Secretary and 
treasurer to 
give bond. 
P. S. 119, §41. 

Call for meet 

inga. 

P. S. 119, § 42. 

Investments to 
be in corporate 
name. 

Officers not to 
borrow, or to 
act as brokers 
of loans. 
P. 8. 119, §§ 46, 
47. 



Policies to be 
signed, etc. 
P. S. 119, § 56. 



Office for busi- 
ness; cards, 
etc., to specify 
location. 
P. S. 119, § 44. 



Shall not trade 

except, etc., nor 

engage in other 

business. 

p. S.119, §49. 



May hold cer- 
tain real estate 
and no other. 
P. S.119, §36. 



of the Commonwealth, nor until it has obtained from the 
commissioner a certificate setting forth that fact and 
authorizing it to issue policies. For such examination 
it shall pay into the treasury of the Commonwealth thirty 
dollars. 

Section 25. Any such company may adopt by-laws 
for the conduct of its business not repugnant to law or to 
its charter, and therein may provide for the division of its 
board of directors into two, three or four classes and the 
election thereof at its annual meetinirs in such manner as 
that the members of one class only shall retire and their 
successors be chosen each year. Vacancies in any such 
class may be filled by election by the board for the unex- 
pired term. The secretar}^ and treasurer shall severally 
give bond with sureties in such sum as the directors may 
require for the faithful performance of their respective 
duties. All matters proposed to be acted upon at anj'' 
meeting of the company shall be specified in the call for 
the same. All investments of the funds of the company 
shall be made in its corporate name, and no oflicer or 
member of a committee thereof charged with the duty of 
investing its funds shall borrow the same or be directly 
or indirectly liable for or on account of loans thereof to 
others ; nor shall any director' or other officer take or 
receive to his own use any fee, brokerage, commission, 
gift or other consideration for or on account of a loan 
made by or on behalf of such company. All policies 
issued by such company shall be signed by its secretary 
or in his absence by a secretary pro temjwre and by its 
president or vice-president or in their absence by two 
directors. Such companies shall have their office in the 
city or town specified in their charter ; and when they 
establish agencies in other cities or towns, all signs, cards, 
pamphlets and advertisements exhibited or issued b}^ them 
shall specify the city or town where the company they 
represent is located. They shall not deal or trade in buy- 
ing or selling goods, wares or merchandise, except articles 
insured by them on which losses are claimed, and except 
in replacing, rebuilding or repairing insured property as 
provided in their policies, nor engage in any business other 
than as specified in their charters and articles of associa- 
tion and expressly authorized bylaw. Any such compan}'" 
may acquire and hold real estate for the convenient accom- 
modation of its business at a cost not exceeding twenty- 



1887. — Chapter 214. 787 

five per cent, of its cash assets, and not otherwise, but 
may hold real estate acquired under the conditions of 
any mortgage owned by it, or by purchase or set-otf on 
execution, upon judgment for debts due it in the course 
of its legitimate business. 

Section 26. No such company shall make any con- Venup and imv- 
dition or stipulation in its insurance contracts concerning p* s.^ng! §'^'-*' 
the court or jurisdiction wherein an}^ suit thereon may be 
Ijrought, nor shall limit the time within which such suit 
may be commenced to less than two years after the cause 
of action accrues, and any such condition or stipulation 
shall be void. 

Section 27. Mortgages on real estate held by a Mortgages heid 
domestic insurance compau}^ may be attached and taken on'exec-utf(^n." 
and sold on execution in the manner provided in chapter ^- ®- ^^^' § ^^^^ 
one hundred and eighteen of the Public Statutes in respect 
to mortgages held by banks, and the secretary of the com- 
pany shall perform in reference thereto the same duties 
required of cashiers and clerks of l^anks in that rela- 
tion. 

Section 28. If anv domestic insurance company shall corporate 

. . . "... •,! • ,v J 1 powers to cease 

not commence to issue policies within one year alter the when. 
date of its act of incorporation or of its certificate of 37,%!^^' ^^ ^'*' 
organization, or if after it has commenced to issue policies 
it shall cease for the period of one year to make new in- 
surances, its corporate powers shall expire by their own 
limitation, and the supreme judicial court upon petition 
of the insurance commissioner or of any person interested 
may fix by decree the time within which it shall settle and 
close its concerns. A company incorporated by special 
act shall, within one year from the date thereof, file with 
the s(H'retaiy of the Commonwealth a written notice of its 
organization under its charter or the same shall be void. 

ORGANIZATION OF INSURANCE COMPANIES. 

Section 29. Insurance companies may be formed as purposes for 
provided in section thirty for any one of the following jl^ifi'gm^'be 
pur|)Oses, to wit : — ' fp^/^fj^^ 5^ 26^ 

First, To insure against loss or damage to property by so, 31. ^^^ 
fire, lightnino- or tempest on laud, uv3on the stock or Lossb'y'fire, 

, , 1 ^ ^ '■ liuhtningand 

mutual })lan. tempest on land. 

Second, To insure upon the stock or mutual plan, ves- Lossbyperiu 
sels, freights, goods, money, effects, and money lent on °^' "'*'"'■ 
bottomry or respondentia, against the perils of the sea 



788 



1887. — Chapter 214. 



Guaranty of 
fidelity and 
corporate 
suretyship. 
See § 61. 

Damage by 

steam-boiler 

explosions. 



Accident to 
persons. 

Damage by 
breakage of 
plate glass. 

Injury to 
employees. 



How organized. 
P. S. 119, §§ 26, 
27, 28, 32, .3.3, 34, 
35. 

Corporators to 
subscribe arti- 
cles of associa- 
tion. 

Contents of 
agreement of 
incorporation. 



Corporate title. 



First meeting 
for organiza- 
tion. 

How called and 
proceedings of. 



and other perils usually insured against by marine insur- 
ance including risks of inland navigation and transporta- 
tion. 

Third, To guarantee the fidelity of persons in positions 
of trust, private or public, and to act as surety on official 
bonds and for the performance of other obligations. 

Fourth, To insure against loss or damage to property 
of the assured, or loss or damage to the life, person or 
property of another for which the assured is liable, caused 
by the explosion of steam boilers. 

Fifth, To insure against bodily injury and death by 
accident. 

Sixth, To insure against the breakage of plate glass, 
local or in transit. 

Seventh, To insure on the stock or mutual plan against 
the liability of emj^loyers for injuries to persons in their 
employment. 

Section 30. The procedure for organizing such a cor- 
poration shall be as follows : The proposed corporators, 
who must be residents of the Commonwealth and not less 
than ten, shall subscribe articles of association setting forth 
their intention to form a corporation ; its proposed name, 
Avhich must not so closely resemble the name of an exist- 
ing corporation as to l)e likely to mislead the public, arid 
must l^e approved by the insurance commissioner ; the 
class of insurance it proposes to transact and on what 
business plan or principle ; the place, within the Com- 
monwealth, of its location ; and, if on the stock plan, the 
amount of its capital stock. The words " insurance com- 
pany" must be a part of the title of any such corporation, 
and also the word "mutual" if it is organized upon the 
mutual principle. The first meeting for the purpose of 
organization shall be called by a notice signed by one or 
more of the subscribers to the articles of association, 
stating the time, place and purpose of the meeting ; a 
copy whereof shall, seven days at least before the ap- 
pointed time, be given to each suliscriber, or left at his 
u^ual place of business or residence, or duly mailed to his 
post office address. And whoever gives such notice shall 
make affidavit thereof, which shall include a copy of the 
notice, and be entered upon the records of the corporation. 
At such first meeting, including any adjournment there- 
of, an organization shall be effected hy the choice by bal- 
lot of a temporary clerk, who shall be sworn, by the 



1887. — Chapter 214. 789 

adoption of by-laws, and by the election of directors and Adoption of by- 
such other officers as the by-laws may require ; but at 
such first meeting no person shall be elected director who 
has not signed the articles of association. The temporary 
clerk shall record the proceedings until and including the 
choice and qualification of the secretary. The directors so Election of 
chosen shall elect a president, secretary, and any other offi- ° 
cers which under the by-laws they are authorized to choose. 
The president, secretary, and a majority of the directors 
shall forthwith make, sign, and swear to a certificate set- 
ting forth a copy of the articles of association, with the 
names of the subscribers thereto, the date of the first 
meeting and of any adjournments thereof, and shall sub- 
mit such certificate and the records of the corporation to 
the insurance commissioner, who shall examine the same, 
and who may require such other evidence as he may judge 
necessary. The commissioner, if it appears that the 
requirements of the law as herein have been complied 
with, shall certify that fact, and his approval of the cer- 
tificate, by indorsement thereon. Such certificate shall Jeftmca4°to b'e^ 
thereupon be filed by said officers in the office of the approved by the 

,^ t> ,T r-^ uii J. /. insurance com- 

secretary of the Commonwealth, who, upon payment ot missioner and 
a fee of twenty-five dollars, shall cause the certificate with secretlry of'^the 
the indorsement thereon to be recorded, and shall issue a commonwealth. 
certificate in the following form : — - 

COMMONWEALTH OF MASSACHUSETTS. 

Be it known that whereas [here the names of the subscribers Form of cer- , 
to the articles of association shall be inserted] have associated 
themselves with the intention of forming a corporation under 
the name of [here the name of the corporation shall be in- 
serted] for the purpose [here the purpose declared in the arti- 
cles of association shall be inserted] , with a capital [or with a 
permanent fund] of [here the amount of capital or permanent 
fund fixed in the articles of association shall be inserted] , and 
have complied with the provisions of the statutes of this Com- 
monwealth in such case made and provided, as appears from 
the certificate of the president, secretary and dhectors of said 
corporation, duly approved by the insm-ance commissioner and 
recorded in this office : now, therefore, I [here the name of the 
secretary shall be inserted] , secretary of the Commonwealth of 
Massachusetts, do hereby certify that said [here the names of 
the subscribers to the articles of association shall be inserted] , 
their associates and successors, are legally organized and es- 
tablished as, and are hereby made an existing corporation under 
the name of [here the name of the corporation shall be in- 



790 1887. — Chapter 214. 

serted], with the powers, rights aud privileges, aud subject to 
the duties, liabilities aud restrictious which by law appertaiu 
thereto. Witness my official siguature hereunto sultscribed, 
and the seal of the Commonwealth of Massachusetts hereunto 
affixed, this day of , in the year 

[In these blanks the day, month and 
year of execution of the certificate shall be inserted ; and in 
the case of purely mutual companies, so much as relates to 
capital stock shall be omitted.] 

Certificate of xhe secrctarv shall sia'n the same and cause the seal of 

organization *0-iyo, ii ■,'■', tr* i t i •• 

have the force of the Commoiiwcalth to be thereto ainxed, and such certih- 

charter%ndbe catc shall liave tlic forcc and efiect of a special chai"ter, 

evideucHf and l)e conclusive evidence of the organization and estab- 

incorporation. jighmcnt of such corporatlou. He shall also cause a 

record of such certificate to be made, and a certified copy 

of such record mav be o'iven in evidence with like effect 

as the original certificate. 

Amount of Capital. 

?°!^°°fl^*^f Section 31. No corporation so formed shall transact 
fled in charter, any otlicr Dusincss than that specified in its charter and 
articles of association. Companies to insure plate glass 
may organize with a capital of not less than one hundred 
thousand dollars. Companies so formed insuring marine 
or inland risks upon the stock plan shall have a cap- 
ital of not less than three hundred thousand dollars. 
^I'^f^tocifeom Companies so formed for the transaction of fire insur- 
panies. aucc ou the stoclv plan, of fidelity insurance, of accident 

' " ■ insurance, of emploj^ers' liability insurance or of steam- 
boiler insurance shall have a capital of not less than two 
hundred thousand dollars. Companies may be so formed 
to insure mechanics' tools and apparatus against loss by 
fire for an amount not exceeding two hundred and fifty 
dollars in a single risk, with a capital of not less than 
twenty-five thousand dollars. No policy shall be issued 
by an employers' liability insurance company organized 
on the mutual plan until an amount of insurance whereon 
the cash premiums payable are not less than twenty thou- 
sand dollars has been subscribed for and entered on its 
books, and any such company shall be sul^ject to the laws, 
so far as applicable, in relation to mutual fire insurance 
companies. 



1887. — Chapter 214. 791 

MASSACHUSETTS STOCK COMPANIES. 

Officers — their Election and Duties. 

Section 32. The board of directors of each domestic p. s.iis, §§5i, 
stock insurance company shall consist of not less than five isUf c. -4. 
members, chosen by ])allot from stockholders resident Miuy'ami term 
in this Commonwealth, who shall hold office for one year of office of 

- , • 1 1 • • 1 1 directors. 

or for the term provided in its by-laws as authorized by 
section twenty-five, and until their successors are quali- 
fied. In the choice of directors and at all meetings of the votes of stock- 
company each stockholder shall be entitled to one vote ^°''*^'"*- 
for each share he holds not in excess of one-tenth of the 
capital. Proxies may be authorized by wi-itten power of P^-^i^s. 
attorney, but no officer shall vote as proxy. The record fy®'i°u'^ce of 
of the votes made by the secretary or clerk, which shall elections. 
show whether the same were cast in person or by proxy, 
shall be evidence of all such elections. The directors nirectora to, 
before they are qualified to act shall file with the sccre- ^'^^^^^^ 
tary a written acceptance of the trust. Not less than four Quorum. 
shall constitute a quorum and a majority of those in at- 
tendance may transact business. Vacancies in anv office vacancies. 
may be filled l)y the directors or by the stockholders as 
the by-laws shall provide. The directors shall annuall}'' Directors to 
choose by ballot a president, who shall be a member of ami otheroffi-' 
the board, a secretary and such other officers as the by- ''^'"" 
laws provide. They may call special meetings of the special meet- 
stockholders whenever they deem proper, and shall call '"^*' 
such meetings on the written application of the owners 
of one-fifth part of the capital or of twenty shareholders 
setting forth the purposes of the same. They shall at To make state- 

-. '^ . • c ^ -, . '^ . ment at annual 

each annual meeting of the company submit a full state- meetings. 
ment of the transactions of the company during the pre- 
vious year, and of its financial condition. The president officers to be 

1 T . . ^ • n 1 sworn. 

and secretary, and yice-president if there be one, shall 
annually be sworn and their oaths entered of record in the 
company's books. The president, or in his absence the President, etc., 
vice-president if there be one, shall preside at all meetings meeunas'of 
of the directors or stockholders. In the absence of the l"ocSie'rs'! 
president and vice-president a president pro tempore may 
be chosen. The secretary shall keep a record of the votes secretary to 
and proceedings of all meetings of the directors and of the votes' stock -°' 
stockholders; a list of the stockholders and the numJjer cies%7c.^°"' 
of shares standing in the name of each ; a record of 
all transfers of shares, and of all policies issued and 



Y92 



1887. — Chapter 214. 



Records to be 
•opeu for inspec- 
tion and evi- 
dence. 

Penaltj- for 
false record. 



all authorized assignments, cancellations and transfers 
thereof; and such additional books as the president and 
directors require. The records so kept shall be evidence 
of the transactions to which they relate and open to the 
inspection of any person interested therein, and for mak- 
ing any wilfully false record the secretary shall be deemed 
guilty of the crime of perjury. 



Officer making 
illegal invest- 
ment, or issuing 
policies when 
company is 
insolvent or 
making over- 
insurance, per- 
sonally liable 
for loss. 
P. S. 119, §§ 55, 
57. 



'Capital to be 
paid in within 
twelve mouths 
and invested ; 
diroetors to 
make certifi- 
cate. 

P. S. 119, § oi. 
Amount of. 
See § 32. 
No policies or 
certificate of 
shares to issue 
until whole 
capital is paid 
in. 

Investments 
and loans of 
capital. 
P. S. 119, § 55. 
1SS5, c. 308. 
Real estate. 
See § "25. 
Different 
classes of 
securities in 
which com- 
panies may 
invest their 
capital. 



Personal Liability of Officers. 

Section 33. The directors or other officer makino; or 
authorizino- an investment or loan in violation of section 
thirty-iive shall be personally liable to the stockholders 
for any loss occasioned thereby. If a company is under 
liability for losses equal to its net assets and the president 
and directors knowin<2: it make or assent to further insur- 
ance they shall be personally liable for any loss under such 
insurance. If the directors allow to be insured on a sinafle 
risk a larger sum than the law permits they shall be liable 
for anv loss thereon above the amount thev miaht laAvfuUv 
insure. 

Payment and Investment of Capital. 

Section 34. The capital stock shall be paid in cash 
within twelve months from date of charter or certificate 
of organization, and no certificates of full shares and no 
policies shall be issued until the whole capital is paid in. 
A majority of the directors shall certify on oath that the 
money has been paid by the stockholders for their respec- 
tive shares and the same is held as the capital of the 
company invested or to be invested as required by this 
section. Such capital shall be invested only as follows : — 

First, In first mortoages of real estate in this Common- 
wealth. 

Second, In public funds of the United States or of any 
of the New England states. New York, Pennsylvania, 
Ohio, Michigan, Indiana, Illinois, Wisconsin and Iowa, 
and of the District of Columbia. 

Third, In the bonds or notes of any city, county or 
town, or incorporated district of this Commonwealth ; or 
of any city of any other of the New England states whose 
net indebtedness does not exceed five per cent, of the last 
preceding valuation of the property therein for purposes 
of taxation ; or of any county or town of INlaine, New 
Hampshire, Vermont, Rhode Island or Connecticut, whose 



1887. — Chapter 214. 793 

net indebtedness does not exceed three per cent, of such investments, 
valuation of its taxal)le property. 

Fourth, In the legally authorized bonds for municii)al 
purposes of any city of more than thirty thousand inhabi- 
tants in the states of New York, Pennsyh'ania, Ohio, 
Michigan, Indiana, Illinois, Wisconsin tind Iowa, whose 
net indebtedness at the date of such investment does not 
exceed five per cent, of the valuation of its property for 
assessment of taxes. The term "net indebtedness" as 
used here and in the preceding clause excludes any debt 
created to provide a supply of water for general domestic 
use, and allows credit for the sinkino- funds of a county, 
city, town or district, available for the payment of its in- 
delitedness. 

• Fifth, In the first mortgage bonds of any railroad com- 
pany incorporated under the authority of any of the New 
England states and whose road is located wholly or in 
part in the same, and which is in possession of and operat- 
ing its own road and has earned and paid regular divi- 
dends for the two years 'next preceding such investment ; 
or in the first mortgage bonds, guaranteed by any such 
railroad company, of an}^ railroad so incorporated whose 
road is thus located ; or in the bonds, stocks or notes of 
any railroad compan}* incorporated under the laws of this 
Commonwealth and whose road is located wholly or in 
part therein and is unincumbered h^ mortgage and which 
has paid a dividend of not less than five per cent, per 
annum for two years next preceding such investment ; or 
in l)onds, stocks and notes issued according to law of 
either the Old Colony Railroad Company, the Fitchburg 
Railroad Company, or the AA^orcester, Nashua and Roches- 
ter Railroad Company. But the term railroad companies 
as here used shall not Ije construed to include street rail- 
way companies. 

Sixth, In the stock of any bank incorporated under the 
authority of this Commonwealth, or of any banking 
association located in the New England states and incor- 
porated under the authority of the United States. 

Seventh, In loans upon the note or notes of any citizen of 
this Commonwealth secured by pledge as collateral of any 
of the before named securities. Where the pledged secu- 
rities are of those specified in the first, second, third or 
fourth clauses, as above, the loan thereon may be of an 
amount not more than their par value. Where the 



794 



1887. — Chapter 214. 



Limit in amount 
of particular 
investinentB. 



pledged securities are of those specified in the fifth and 
sixth clauses, the loan thereon shall not exceed their par 
value nor l:>e more than four-fifths of their market value. 

But no insurance company shall together own or hold 
in pledge more than one-fourth of the capital stock of any 
bank ; nor invest in or lend upon the stock and bonds 
together of any raih-oad company more than one-tenth of 
its own capital : nor shall its entire investment in and loans 
upon all railroad proi)erty and securities exceed one-third 
of its capital ; nor shall it loan more than sixty per cent, 
of its capital on mortgage of real estate, nor more than 
one-fifth of its capital in one mortgage. 



Impaired capi- 
tal may be 
made good by 
assessment of 
stoclv. 

P. S. 119, §§ 59, 
60, 61. 
See § S. 

Shares forfeited 
by non-pay- 
ment of assess- 
ment. 

If capital not 
made good or 
reduced, au- 
thority of com- 
pany to do busi- 
ness to cease. 



May increase 
capital by issue 
of new shares to 
be paid for in 
full; or by divi- 
dends of actual 
net surplus. 
P. S. 119, §§ 62, 
70, 71. 



Certificate of 
increase to be 
approved by 
insurance com- 
missioner and 
filed with sec- 
retary of the 
Commonwealth. 



Impairment, Increase and Reduction of Cax)ital. 

SecttOjST 35. When the net assets of a comi)any dd 
not amount to more than three-fourths of its original 
capital, it may make good its capital to the original 
amount by assessment of its stock. Shares on which such 
an assessment is not paid within sixty days after demand 
shall l)e forfeitable, and may be cancelled b}' a vote of the 
directors and new shares issued to make up the deficiency. 

If such company shall not ^vithin three months after 
notice from the insurance commissioner to that eft'ect 
make good its capital as aforesaid, or reduce the same 
as allowed by section thirty-seven, its authority to trans- 
act new business of insurance shall cease. 

Section 36. Any such company may issue j9ro rata to 
its stockholders certificates of any portion of its actual net 
surplus it may deem fit to divide, which shall be deemed 
to be an increase of its cajntal to the amount of such cer- 
tificatess- And such company may, at a meeting called 
for the purpose, vote to increase the amount and number 
of shares of its capital stock, and to issue certificates 
thereof when paid for in full. In whichever mode the 
increase is made, the company shall within thirty days 
after the issue of such certificates sul)mit to the insurance 
commissioner a certificate setting forth the amount of the 
increase, and the facts of the transaction signed and sworn 
to by its president and secretary and a majority of its 
directors. If the commissioner finds that the facts con- 
form to the law, he shall indorse his approval thereof, 
and, upon filing such certificate so indorsed with the sec- 
retary of the Commonwealth, and the payment of a fee of 
five dollars for filing the same, the company may transact 



1887. — Chapter 214. 795 

business upon the capital as increased, and the counnis- 
sioner shall issue his certificate to that eftect. 

Section 37. When the capital stock of a company is May reduce 
impaired, such company may, upon a vote of the majority '^'^^^^^ • 
of the stock represented at a meeting- legally called for 
that purpose, reduce its capital stock and the numl^er 
of shares thereof to an amount not less than the mini- 
mum sum required by law. But no part of its assets 
and property shall be distributed to its stockholders. 
Within ten days after such meeting the company shall to°Lpmove the 
sul)mit to the insurance commissioner a certificate settino- reduction. 

, , _ -, , (. 1 ji (• P llie procedure; 

lorth the proceedings thereot and the amount ot such effect of. 
reduction and the assets and lial)ilities of the company, ee.V:.^'* ' 
signed and sworn to by its president, secretary and a 
majority of its directors. Tlie commissioner shall exam- 
ine the facts in the case, and if the same conform to law, 
and, in his judgment, the proposed reduction may be 
made without prejudice to the public, he shall indorse his 
approval upon the certificate. Upon filing the certificate, 
so indorsed, with the secretary of the Commonwealth, and 
paying a fee of five dollars for the filing thereof, the com- 
pany may transact business upon the basis of such reduced 
capital as though the same were its original capital, and its 
charter shall be deemed to be amended to conform thereto ; 
and the insurance commissioner shall issue his certificate 
to that eftect. Such company may, by a majority vote of od^inaiVtock 
its directors, after such reduction require the return of the certificates aud 
original certificates of stock held by each stockholder in certificates. 
exchange for new cei-tificates it may issue in lieu thereof ' ' ^^^' * '^^' 
for such numljer of shares as each stockholder is entitled 
to in the proportion that the reduced capital bears to the 
original capital. 

Dividends. 

Section 38. No stock company shall make a dividend r,'^'' .?,"''•, . , 

. . ^ ^ "^ J. . Dividends to be 

either in cash or stock certificates, except irom its actual made only from 
net surplus computed as required l)y law in its annual p. s. 119, § 70. 
statement ; nor shall any such company which has ceased agset's^whVic^ 
to do new l)usiness of insurance divide any portion of In force.'""'"'" 
its assets except surplus to its stockholders until it 
shall have performed or cancelled its policy obligations. 
Any such company may declare and pay, annually or Cash dividends 
semi-annually from its surplus, cash dividends to its stock- p^cent.Vnnu- 
holders of n(jt more than ten per cent, of its capital stock p'^g ^jg gg 
in a year ; and if the dividends in any year are less than "-• 



796 



1887. — Chapteh 214. 



ten per cent, the difference may be made up in any subse- 
quent year or years from surplus accumulations ; but no 
arrears of dividends accrued before the third day of April 
in the year one thousand eight hundred and seventy-five 
shall be so made up. 



Not to issue 
policies uutil 
|;oOO,000 insur- 
ance is sub- 
scribed for. 
Exception. 
P. 8. 119, § 3S. 



MUTUAL FIRE COMPANIES. 

Section 39. No policy shall be issued by a purely 
mutual fire insurance company until not less than five 
hundred thousand dollars of insurance, in not less than 
two hundred separate risks, has been subscribed for and 
entered on its books ; except that in any town of less 
than four thousand population a company may be formed 
to insure only dwelling-houses, farm buildings, and their 
contents within such town, and may issue policies when 
fifty thousand dollars of insurance has been subscribed 

for. 

Members and Elections. 

^e'reonsmem- Section 40. Evcry pcrsou insurcd by a mutual fire 
bers ; entitled to insurance compauy shall be a member while his policy is 
iugsandto in force entitled to one vote for each policy he holds, and 
shall be notified of the time and place of holding its meet- 
ings by a written notice or by an imprint upon the back 
of each policy, receipt or certificate of renewal, as fol- 
lows, to wit : — 

The assured is hereby notified that by virtue of this policy 
he is a member of the Insurance Company, and that the 

annual meetings of said company are holden at its home office 
on the dav of in each year, at o'clock, 



vote. 

P. S. 119, § 78. 



Trustee of 
insured prop- 
erty and repre- 
sentative of 
insured corpora- 
tion entitled to 
rights of a mem- 
ber. 

P. S. 119, §§ 84, 
85. 



Proxies. 



Number of 
votes a mem- 
ber may cast. 



The blanks shall be duly filled in print, and the same 
shall be deemed a sufiicient notice. A corporation which 
becomes a member of such company may authorize any 
person to represent it in such company, and such repre- 
sentative shall have all the rights of an individual member. 
Any person holding property in trust ma}" insure the 
same in such company and as such trustee assume the lia- 
bilities and be entitled to the rights of a member, but shall 
not be personally liable upon such contract of insurance. 
Members may vote by proxies dated and executed Avithin 
three months and returned and recorded on the l)ooks 
of the company three days or more before the meet- 
ing at which they are to be used ; but no person shall be 
allowed as proxy or otherwise to cast more than twenty 



1887. — Chapter 214. 797 

votes, and no officer or agent shall himself or by another oftieer canuot 

ask for, receive, procure to be obtained or use a proxy vote. i>°'s. no^f'so. 

Every such company shall elect by ballot a board of not geef 107 

less than seven directors who shall manage and conduct its Election, eiigi- 

business and Avho shall hold office for one year or for such daUemire°(!f" 

term as the by-laws may provide in accordance with sec- ''"actors. 

tion twenty-five and until their successors are qualified. 

Two-thirds at least of the directors shall be citizens of 

the Commonwealth and after the first election members 

only shall be eligible, but no director shall be disqualified 

from serving the term he was chosen for by reason 

of the expiration or cancellation of his policy : provided, 

that in companies with a guaranty capital one-half of the 

directors shall be chosen by and from the stoclvholders. 

Five or more of the directors shall constitute a quorum Quorum.. 

for the transaction of business by the vote of a majority 

of those in attendance. Vacancies in any office may be vacancies. 

filled in such manner as the by-laws shall provide. 82, la.^^^' ^^ '^' 

Powers and Duties of Officers. 

Section 41. The directors shall annually choose by bal- ^4 ^- "^' §§ ^^' 
lot a president who shall be a member of the board, a secre- Diiectors to 
tary, a treasurer who may also be either the president or etc? ^'"^*"^®° ' 
secretary,- and such other officers as the by-laws provide. 
They may call special meetings of the members of the to caii special 
corporation whenever they see fit, of which each member meetings, when. 
shall have such notice as the by-laws provide, and shall 
call such meetings upon the written request of twenty 
members or of the owners of one-fifth of the guaranty 
capital, setting forth the purpose thereof. The treasurer Treasurer to 
shall give bond with surety in such sum as the b^^-laws office°8°t1)' be 
or directors may require and, together with the president sworn. 
and vice-president, if there be one, and the secretary, shall 
be annually sworn and their oaths be entered of record in 
the books of the corporation. The president, oi" in his President, etc.,. 
absence the vice-president, shall preside at all meetings of meeungs^ "* 
the directors or members. In the absence of both a presi- 
dent 7>/'o I'cw^w/'e may be chosen. The secretary shall keep tiic secretary 
a record of the votes, whether cast in person or by proxy, otu^aactioM. 
and the other proceedings of all meetings of the directors 
and of the members ; a true list of the holders of the guar- 
anty capital, if any, the number of shares owned by each, 
and a record of all transfers of such shares ; and shall record 
all policies issued and all authorized assignments, transfers. 



798 



1887. — Chapter 214. 



Record to be 
evidence. 
Penalty for 
false record. 



and cancellations thereof; and such other books and rec- 
ords as the president and directors may require. The 
records so kept shall be evidence of the transactions to 
which they relate, and for making any wilfully false 
record the secretary shall be deemed guilty of the crime 
of perjury. Such records shall l)e open to the inspection 
of any person interested therein. 



p. S. 119, §§ 74, 

75, 76. 

What dividends 

ehareholders 

are entitled to. 



May accumulate 
a special re- 
serve. 



Dividend.? to 
policy-holders. 



When guaranty 
capital is liable 
for losses. 



Impairment of 
capital, hovF 
made good. 



Right to vote of 
shareholders 
and members. 



Comjianies with a Ouaranty Capital. 

Section 42. The stockholders of the guaranty capital 
of a com})any, acquired under the provisions of chapter 
three hundred and seventy-five of the acts of the year one 
thousand eiiilit hundred and seventv-two, shall be entitled 
to a semi-annual dividend of not more than three and one- 
half per cent, on their respective shares, if the net profit, 
or unused premiums, left after all expenses, losses and 
lial)ilities then incurred, tojiether with the reserve for 
reinsurance, are provided for, shall be sutficient to pay 
the same ; and if any dividend is less than three and one- 
half per cent, the deficiency shall be made up when such 
net profit becomes sufficient therefor. After the payment 
of such dividends three-fourths of the residue of net 
profits shall be credited to and divided among the insured 
at the expiration of their policies, and one-fourth shall be 
invested and be a special reserve for the pa^^ment of losses 
and other liabilities when the other cash funds exclusive 
of the reinsurance reserve are expended ; but when such 
reserve equals two per cent, of the amount of insurance, 
all the net profits, after pa^nnent of such dividends to 
shareholders, not needed to maintain the reserve at that 
limit, shall be divided among the insured at the expiration 
of their policies. The guaranty capital shall be applied 
to the payment of losses only when the cash funds not 
appropriated to the reserve for reinsurance are exhausted, 
and if it is thus impaired at any time by the payment of 
losses, such impairment shall be made good ii'om the ear- 
liest accumulations of the special reserve, or the directors 
may make good the whole or an}^ part of it by assessments 
upon the contingent funds of the company at the date of 
such impairment. Shareholders and members of such 
companies shall be subject to the same provisions of law 
in respect to their right to vote as apply respectively to 
shareholders in stock companies and to policy-holders in 
purely mutual companies. 



1887. — Chapter 214. 799 

Dtvide?ids of Surplus to Policy-holders. 
Section 43. Any such company having no guaranty iruuiai com- 
capital may, at a meeting called for such purpose, pro- cumuhue'aper- 
vide for the accumulation of a permanent fund, l>y reserv- pfs!ii9,"§96. 
ing a portion of the net profits to ho. invested, and be a 
reserve for the security of the insured. Such reservation Limit of accu- 
shall not exceed twenty per cent, of said net profit ; and """ ^ '°°' 
when the fund so accumulated amounts to two per cent, 
of the sum insured by all policies in force, the whole of 
the net profits shall be divided among the insured at the 
expiration of their policies. The permanent fund so 
accumulated shall be used for the payment of losses and 
expenses, whenever the cash funds of the company in 
excess of an amount equal to its liabilities are exhausted ; 
and whenever the said fund is drawn upon, the reserva- 
tion of profits as aforesaid shall be renewed or continued 
until the limit of accumulation as herein provided is 
reached. 

Rights and Liabilities of Members. 

Sectiox 44. Subject to the provisions of sections Members enti- 
fortj-^-two and forty-three every member of a mutual fire ami liabie'for 
insurance company when his policy expires shall be pf s?ii9, §§ 97, 
entitled to be paid in cash his share of the net profits or ^*^^- 
surplus accrued while his policy was in force ; and shall in 
like manner be lial)le to pay his proportional part of any 
assessments which may be laid b}^ the company in accord- 
ance with the laws and his contract on account of losses 
and expenses incurred while he was a member, provided 
he is notified of such assessment within two years after the 
expiration of his policy. 

Sectiox 45. Mutual fire insurance companies, except ^™^p^^Jj}^^^ 
as provided in the next section, shall charge and collect mutual pre- 
upon their policies a full mutual premium in cash or notes 
absolutely payable. Any such company may in its by- uay fix the con- 
laws and policies fix the contingent mutual liabilitj^ of its o"ft8"niembers. 
members for the payment of losses and expenses not pro- 
vided for by its cash funds : provided, that such contingent 
liability of a meml^er shall not be less than a sum equal to 
and in addition to the cash premium written in his policy. 
The total amount of the liability of the policy-holder shiill B^tLtd on policy. 
be plainly and legi])ly stated upon the back of each policy. 

Section 46. Mutual fire insurance companies now Certain com- 
organized and lawfully doing 1:)usiness upon the plan of businesTwUh' 
taking deposit notes for a percentage of the amount 'p^^^mX^io- 



800 1887. — Chapter 21 i. 

insured by its policies and making a call or assessment 
thereon for the payment of losses and expenses as the same 
are incurred, may continue such system of business, and 
such deposit notes shall constitute the entire liability of 
their members. 

Assessments. 
.Assessments, Section 47. Whenever a mutual fire insurance com- 

■when to be . i /• i /» i i • • 

made; record of pauy IS uot posscsscd of casli fuuds above its reinsurance 

the order for the '■'' tr> • , i' ,^ i c • i ^ i 

assessnient aud rescrvc sutncicnt lor the payment oi incurred losses and 

be^made?"' ^'^ cxpcuses it shall make an assessment for the amount needed 

r. s. 119, §§ 98, ^Q pjjy such losses and expenses upon its members liable to 

assessment therefor in proportion to their several liability. 

The company shall cause to be recorded in a book kept 

for that puqiose the order for such assessment together 

with a statement which shall set forth the condition of the 

company at the date of the order, the amount of its cash 

assets and of its deposit notes or other contingent funds 

liable to the assessment, the amount the assessment calls 

for and the particular losses or other lialiilities it is made 

to provide for. Such record shall be made and signed by 

the directors who voted for the order before any part of 

the assessment is collected, and any person liable to the 

assessment may inspect and take a copy of the same. 

Alternative SECTION 48. Wlicii bv rcasoii of deiireciatioii or loss 

compulsory and of its fuuds or othcrwisc the cash assets of such a company 

be'made'.'"''^ after providing for its other debts are less than the 

p. s. 119, § 100. i.^quii-efi pi-emium reserve upon its policies it shall make 

good the deficiency by assessment in the mode provided 

in the last section ; or if the directors are of the opinion 

that the company is likely to become insolvent they may, 

instead of such assessment, make two assessments, the 

first determining what each policy-holder must equitably 

pay or receive in case of withdrawal fi-om the company 

and having his policy cancelled, the second what further 

sum each must pay in order to reinsure the unexpired 

term of his policy at the same rate as the whole was 

Unless both insured at fii'st. Each policy-holder shall pay or receive 

paid on policies accoi'diiig to the first assessment, and his policy shall then 

ssoo.ooiTihe" ° be cancelled, unless he pays the further sum determined by 

ce^eb"isin°e8s. ^^^ sccoiid asscssmciit, in which case his policy shall 

p. s. 119, § 106. continue in force ; but in neither case shall a policy-holder 

receive or have credited to him more than he would have 

received on having his policy cancelled by vote of the 

directors under the by-laws. If within two months after 



1887. — Chapter 214. 801 

such alternative assessments have become collectible the 
amount of the policies whose holders have settled for both 
assessments is less than five hundred thousand dollars 
the company shall cease to issue policies ; and all policies 
whose holders have not settled for both assessments shall 
be void, and the company shall continue only for the pur- 
pose of adjusting the deficiency or excess of premiums 
aniono' the meml)ers and settlino; outstandins; claims. 
No assessment shall be valid against a person who has Members to be 
not been duly notified thereof within two years after the re°»8men°^ '^''' 
expiration or cancellation of his policy. And when an ^' *^ ^^^' ^ ^'^"' 
assessment is ordered the directors shall forthwith cause 
written notice and demand for payment to be made upon 
each person subject thereto by mail or personal service. 

Section 49. When the directors make an assessment f^auourwiv.'- 
or call on the members for money, or vote that there order assess- 
I exists a necessity for such assessment or call, they or any judae the ne- 
person interested in the company as an officer, policy- cX'cfby di?" 
holder or creditor may apply to the supreme judicial court cedm^e*- decree 
for any county, l)y a petition in the nature of a bill in p g"^ "119 "§«ioi 
equity, praying the court to examine said assessment or lo^. 
call, the necessity therefor, and all matters connected 
therewith, and to ratify, amend or annul the assessment 
or call, or to order that the same be made as law and jus- 
tice may require ; but application wdien made by any 
party exce})t the corporation, or a receiver, or the insur- 
ance commissioner, shall rest in the discretion of the 
court. When the directors unreasonal^ly neglect to make 
an assessment or call to satisfy an admitted or ascertained 
claim upon the company, any judgment creditor, or any 
person holding such claim, or the insurance commissioner, 
may make the application to the court. Upon such ap- 
plication, if made by the directors, or upon an order of 
the court, if made by any other party, the directors shall 
set forth the claims against the company, its assets, and 
all other facts and particulars appertaining to the matter. 
The court before which such petition is filed shall order 
notice to be given by publication or otherwise to all parties . 
interested, and upon the return thereof shall proceed to 
examine the assessment or call, or the necessity therefor, 
and all matters connected therewith. Any parties inter- 
ested may appear and be heard thereon. All questions 
that arise shall be heard and determined as in other equity 
cases. The application shall be referred to an auditor, who 



802 1887. — Chapter 2U. 

poiutTtime^and ^^^^^^ appoiiit a time and place to hear all parties inter- 
piacetohear estecl, aiicl sliall crive persona] notice thereof in writino: to , 
ested. the insurance commissioner, and through the post-office, 

so fur as he is able, to all persons liable upon said assess- 
ment or call. The auditor shall hear the parties, and re- 
port upon the correctness of the assessment or call, and all 
matters connected therewith. The court may ratify, 
amend or annul the assessment or call, or order one to be 
made ; and may make such orders and decrees in the 
premises as under all the circumstances justice and equity 
require. If the assessment or call is altered or amended, 
, or one is ordered to be made, the directors shall forthwith 

proceed to vote the same in legal form, and the record of 
such vote shall be set forth in a supplemental bill or 
answer. When an assessment or call has been so rati- 
fied, ascertained or established, a decree shall be entered 
which shall be final and conclusive upon the company 
and all parties liable to the assessment or call, as to the 
necessity of the same, the authority of the company to 
make or collect the same, the amount thereof, and all 
formalities connected therewith. An assessment or call 
altered or amended by vote of directors and decree of 
the court thereon shall be binding upon all parties 
who would have been liable under it as originally made, 
and in all legal proceedings shall be held to be such 
original assessment or call. All such proceedino;s shall 
be at the cost of the company, unless the court for cause 
otherwise orders ; and in all cases the court may control the 
disposition of the funds collected under such proceedings. 
If it appears to the court l)efore which such application 
is pending that the net proceeds of any assessment or call 
will not be sufficient to furnish substantial relief to those 
having claims against the company, the judge may decree 
that no assessment shall be collected ; and when, upon 
the application of the insurance commissioner, or a mem- 
ber of the company, or of any person interested, the 
judge is of opinion that further attempts to collect an 
assessment then partially collected will not benefit those 
having claims against the company, he may stay the 
further collection of said assessment. 

Personal Liability of Officers. 
Officer shall SECTION 50. Ko dircctor or other officer of a mutual 

give no guaranty ^ . 1 11 VI ^ ■ 11 • j. 1 , 

against assess- firc insurauce company shall either omcially or privately 



1887. — Chaptee 214. 803 

give a guaranty to a policy-holder thereof against an p. s. iw, § los. 
assessment to which he would otherwise be liable. If see'§ lo'o. 
the directors of any such company shall neglect or omit buJ^^f theV'ueg- 
for the space of six months to lav and collect with all ''''=' ^° ™'*1''^ 

1 _ _ •/ , assessment. 

practicable diligence any assessment they are required i'- i^- 1^^'. §§ i'». 
to make by sections forty-eight and forty-nine, they shall 
be personally liable for all debts and claims then out- 
standing against the company or that may accrue until 
such assessment is laid and put in process of collec- 
tion. If the treasurer of such company unreasonably Treasurer lin- 
neglects to collect an assessment made ])y order of the to'co°iect'as8ess- 
directors and to apply the same to the payment of the pfs^'iiQ, § 112. 
claims for which it was made, he shall be liable in his 
private capacity to the party having such cltiims for the 
amount of the assessment ; and he may repay himself out 
of any mone}' afterwards received for the company on 
account of said assessment. When sufficient property of ^',.''i,e^<?iec'*ro'*' 
any such company cannot be found to satisfy an execution satisfy jucig- 

•^ ,^.'',., 11- meut or assess 

issued against it, and it has property belonging to the therefor. 
period assessed, the proceeds of which can be applied to 
satisfy such execution, if the directors neglect to pay the 
same, or neglect for thirty days after the rendition of 
judgment to make an assessment and deliver the same to 
the treasurer for collection, or to apply such assessment 
M'hen collected to the payment of the execution, they 
shall be personally liable for the amount of the execution. 
When the directors of any such company are liable to Remedy of 

. . V .tu TV ^ "^ ,1 judgment credi- 

pay an execution against it, the creditor may recover the tor, and of 



director who 



same by a suit in equity or by an action at law against pays ou exeuu 
the directors. A director who pays an execution J^gainst p°^- ji9 j^iio^ 
the company for which he is personally liable may have a i"- 
suit at law with equitable remedies for contribution against 
any of the directors for their proportion, and also a suit 
at law with equitable remedies against the company or 
the individual members thereof to the extent of their sev- 
eral liability to assessment therefor. 

Limit of Bisks. 

Section 51. Mutual fire insurance companies may Looationof 
insure property in any of the New England states, New paSma'^r"' 
York, New Jersey and Pennsylvania. Such coin))anies p.^s^ng, §8S. 
which have a guaranty capital or which insure manufactur- see^§§ iofse, 57 
ing property only may make insurances upon ])roperty 
located in any part of the United States or in Canada. 



804 1887. — Chapter 214. 



MUTUAL MARINE AND MUTUAL FIRE AND MARINE COMPANIES. 

cura"ali™to'"*' Section ,52. A mutiuil marine insurance company 
have a subscrip- Organized under this act shall have an agreement under 
fm°d.''^^ ' ^ the seal of each subscriber thereto substantially as follows, 
namely : — 

Form of sub- The Subscribers severally aa^ree to pay to the 

r. s. 119,' § 116. insurance company on demand the whole or such part of the 
sums set against our names as may be called from time to time 
for the use of said compau}' in the payment of its losses and 
expenses not otherwise provided for. 

^o°ic\eiwn1i Such company shall not issue policies until the amount 

$:30j,oooi8 8ub- of three hundred thousand dollars, which shall be the 

certified. total of sucli subscriptious, shall have been so subscribed, 

and a certificate signed by the president and a majority of 

the directors, certifying that the subscribers are known to 

them and that they believe them to be solvent and able to 

pay their subscriptions, has been deposited with and 

Amount of approvcd by the insurance commissioner. Whenever a 

be'kept^good. '° subscribcr dies or becomes insolvent his subscription shall 

be cancelled, and whenever the amount of the subscription 

fund is thereby or otherwise reduced, the deficiency shall 

be made good by new subscriptions certified in the same 

Subscribers en- mauncr as the orijjinal. Subscribers shall l)e entitled to 

tulecl to divi- iT'iir> 1 /• 

dends, andre- annual dividcuds of two per cent, upon the amount of 

imbursement of , i • i • x- i> j^i £'j_ a* j_i i 

payments upon thcir subscriptious ffom the prohts of the company, and 
subscriptions. g,j^.^|j ^|g^ ^^ reimbursed from future profits for all sums 

of money they maj^ pay the company for its uses under 
(^mpany shall fhcir aofreemcnt, with lawftil interest thereon. The 

accumulate c ' 

profits and issue net pi'ofits or divisiblc surplus of such companies shall 

scrip therefor. , ^ n i- • i i xi' • i i T • 

be annually divided among the insured whose policies 
terminated within the year in proportion to the con- 
tribution of each to such profits or surplus, and such 
dividends shall be made only in scrip certificates paj^able 
only out of the accumulation of net profits or surplus, 
which accumulation shall constitute and be kept and 
invested by the company as a separate fund in trust for 
the redemption of such scrip certificates and the contin- 
gent payment of losses and expenses as herein provided. 
Such certificates until redeemed shall be subject to future 
losses and expenses of the company and to be reduced in 
case the redemption fund is drawai upon for the payment 
of such loss and expenses. But no part of the redemption 



1887. — Chapter 214. 805 

fund shall be used for the payment of losses or expenses 
unless and only to the extent that the cash assets of the 
company are insufficient therefor ; and whenever any por- 
tion thereof shall be used for such payment the outstand- 
ing certificates shall be reduced in proportion, so that the 
redemption fund shall at all times equal the amount of the 
unredeemed certificates. The net income of the redemp- 
tion fund shall be divided annuallv among; the holders of 
its certificates. Or the company may make such certifi- 
cates with a specific rate of interest payable from the 
income of its invested funds. As such profits accumulate 
and are invested subscriptions of an equal amount shall 
be cancelled. The maximum of such accumulation of ^,\'i^lJjou"o7'^' 
profits shall be three hundred thousand dollars, and all pioats. 
excess of profits above said amount shall be applied amiu- 
ally to the payment of the certificates in the order of their 
issue. The certificates shall be forthwith payable when 
the company shall cease to issue policies and the fund is 
no longer liable to be drawn upon for the payment of 
losses. 

Section 53. Every mutual marine and mutual fire companies 

1 • • 1 j_ i? • 1 1 heretofore or- 

and marine insurance company heretorore organized under ganized. 
any law of the Commonwealth shall remain subject to the laof'^^^'^^'^" 
provisions applicable to each contained in sections one 
hundred and seventeen to one hundred and thirty inclu- 
sive, of chapter one hundred and nineteen of the Pulilic 
Statutes, notwithstandino^ the repeal of said chapter. An}^ May redeem 

1 i'~^-j j' t' 1^ L' ^• • -\ -\ c certificates of 

such company may redeem its certificates ot dividends oi profits. 
profits when its permanent fund has been paid in cash and 
invested and its surplus is sufficient for the purpose. The Dividends to 

1111 i?j.i j_ r ^ ±' 1 shareholders 

shareholders or the permanent fund oi any such company reduced, 
shall hereafter be entitled to not exceeding five per cent, 
semi-annual dividends thereon. 

Section 54. All domestic mutual marine insurance Rights of mem- 
companies shall be subject to the provisions of sections powers .imi °' 
forty and forty-one and each subscriber to the permanent tlr^^^^^^' 
fund or agreement specified in section fifty-two of any 
such company shall be a member thereof during the term 
of his subscription and entitled to one vote. 

Personal Liability of Officers. 

Section 55. If a subscriber to the permanent fund or For certifying 
agi'eement of a mutual marine or mutual fire and marine p.^s.iio, §ii9 
insurance company fails to pay his subscription or any 



806 



1887. — Chapter 214. 



For over- 
iusuraiice. 
r. S. 119, § 123. 
10 Gray, 325. 
12 Gray, 355. 



assessment thereon, and it is proven that the president or 
a director certified falsely in regard to such subscril)er, the 
person certifying shall be liable to the company for such 
sum as the subscriber fails to pay. If any such company 
is at any time liable for losses beyond the amount of its 
net assets the president and directors shall be personally 
liable for all losses on insurance etiected while the com- 
pany was in such condition. 



Limit to amount 
a coiiipauy may 
insure in a 
lowu or fire 
insurance dis- 
trict. 



Company to 
make returns 
annually to the 
insurance com- 
missioner of 
amounts at risk 
in each town 
and district. 
P. S. 119, §§133, 
134, 135. 
Penalty. 
See § 103. 



Over-insurance 

forl>iddon 

P. S. 119, § 136. 



Pajment to 
mortgagees pro- 
tected by poli- 
cies. 
P. S. 119, § 137. 



FIRE INSURANCE. 

Sectiox 56. No insurance company shall insure in 
any one town or fire insurance district established under 
the provisions of chapter three hundred and seventy-five 
of the acts of the year one thousand eight hundred and 
seventy-two on property other than dwelling houses, farm 
buildings and their contents, an amount e.\ceeding its net 
assets. And Avlien tVoni any c:uise a company has at risk 
in any town or fire insurance district an amount as afore- 
said in excess of its net assets, it shall forthwith by rein- 
surance or l)y cancellation of policies and return of 
unearned premiums thereon to the insured reduce the 
amount of insurance to the authorized limit. But no 
policy shall be cancelled until after notice to the holder. 
Every company shall on or before the fifteenth day of 
January in each year return to the insurance commissioner 
a sworn statement of the amount taken or held by it at 
risk in each town or fire insurance district on the thirty- 
first day of Deceml)er next preceding, and shall furnish 
such other statements and complj^ with such rules and 
regulations as the commissioner may deem exiDedient to 
require and adopt to procure trustworthy information of 
the premises. 

Sectiox 57. No insurance company shall knowingly 
issue any fire insurance policy upon property within this 
Commonwealth for an amount which together with any 
existing insurance thereon exceeds the fair value of the 
property, nor for a longer term than seven years. 

Sectiox 58. AVhere by an agreement with the insured 
or l)y the terms of a fire insurance policy taken out bj' a 
mortgagor the whole or any part of the loss thereon is 
paya))le to a mortgagee or mortgagees of the proi)ert3^ or 
for their benefit the company shall, upon satisfiictory 
proof of the rights and title of the parties, in accordance 
with such terms or agreement, pay all mortgagees pro- 



s 

aws not 
es uu- 



1887. — Chapter 214. 807 

tected l)y such })olicy in the order of their priority of 
claim, as their chiim shall ai)pear, not beyond the amount 
for which the company is liable, and such payment shall 
be, to the extent thereof, payment and satisfaction of the 
liability of the company under such policy. 

Section 59. In all insurance against loss by fire the AppiicaUon 
conditions of insurance shall be stated in full, and neither wal-rauiiei 
the application of the insured nor the by-laws of the com- J-atedTu^the 
pany shall be considered as a warranty or a part of the £°'l°^,-j9 ^^^ 
contract, except so far as they are incorporated in full into 
the policy. 

Section 60. No fire insurance company shall issue standard fm-m 
fire insurance policies on property in this Commonwealth, Penakyf''"^" 
other than those of the standard form herein set forth, ^<^*^§i"^- 
except as follows, to wit: — 

First, A company may print on or in its policies its 
name, location, and date of incorporation, the amount of 
its paid-up capital stock, the names of its ofiicers and 
agents, the number and date of the policy, and, if it be 
issued through an agent the words, "This policy shall 
not be valid until countersigned by the duly authorized 
agent of the company at ." 

Second, A company may print or use in its policies 
printed forms of description and specification of the 
pro]ierty insured. 

Third, A company insuring against damage by lightning 
may print, in the clause enumerating the perils insured 
against, the additional w^ords, " Also any damage by light- 
ning, Avhether fire ensues or not," and, in the clause pro- 
viding for an apportionment of loss in case of other in- 
surance, the words, " whether by fire, lightning, or l)oth." 

Fourth, A company incorporated or formed in this 
CommouAvealth may print in its policies any provisions 
Avhich it is authorized or required by law to insert therein ; 
and any company not incorporated or formed in this 
Connnon wealth may, with the ap^iroval of the insurance 
connnissioner, so print any provision required by its 
charter or deed of settlement or by the laws of its ow^ n 
state or country, not contraiy to the laws of this Com- 
monwealth : j^^'ovided, that the insurance commissioner Proviso. 
shall require any provision which, in his opinion, modifies 
the contract of insurance in such way as to affect the 
question of loss, to be appended to the policy by a slip or 
rider as hereinafter provided. 



808 



1887. — Chapter 214. 



Massachusetts 

Standard 

Policy. 



Fifth, The blanks in said standard form may be filled 
in print or writing. 

Sixth, A company may print upon policies issued in 
compliance with the preceding provisions of this section 
the words, " Massachusetts Standard Policy." 

Seventh, A company may write upon the margin or 
across the face of a polic}-, or Avrite, or print in type not 
smaller than long primer, upon separate slips or riders 
to 1)0 attached thereto, provisions adding to or modifying 
those contained in the standard form ; and all such slips, 
riders, and provisions must be signed by the officers or 
agent of the company so using them. 

The said standard form of policy shall be plainly 
printed, and no })ortion tliereof shall be in type smaller 
than long primer, and shall be as follows, to wit : — 



Property not 
covered by 
Ijolicy. 



Term. 



Perils insured 
against. 



Matters void - 
ing policy. 



No. $ 

[Corporate name of the company or association : its princi- 
pal phice or places of business.] 

This comi)any shall not be liable beyond the actual value of 
the insured property at the time any loss or damage happens. 

In consideration of dollars to them paid by 

the insured, hereinafter named, the receipt whereof is hereby 
acknowledged, do insure and legal rep- 

resentatives against loss or damage bv fire, to the amount of 
dollars. 

(Description of property insured.) 

Bills of exchange, notes, accounts, evidences and securities 
of property of every kind, books, wearing apparel, plate, 
money, jewels, medals, patterns, models, scientific cabinets and 
collections, paintings, sculpture and curiosities are not included 
in said insured property, unless specially mentioned. 

Said property is insured for the term of , begin- 

ning on the day of , in the year 

eighteen hundred and , at noon, and continuing 

until the day of , in the year 

eighteen hundred and , at noon, against all loss 

or damage by fire originating from any cause except invasion, 
foreign enemies, civil commotions, riots, or anv militarv or 
usurped power whatever; the amount of said loss or damage to 
be estimated according to the actual value of the insured prop- 
erty at the time when such loss or damage happens, but not to 
include loss or damage caused by explosions of any kind unless 
fire ensues, and then to include that caused by fire only. 

This policy shall be void if any material fact or circumstance 
stated in writing has not been fairly represented by the in- 
sured, — or if the insured now has or shall hereafter make any 



1887. — Chapter 214. 809 

other insurance on tlie said property witliout the assent in "writ- 
ing or in print of the company, — or if, without such assent, 
the said property shall be removed, except that, if such re- 
moval shall be necessary for the preservation of the property 
from fire, this policy shall be valid without such assent for five 
days thereafter, — or if, without such assent, the situation or 
circumstances affecting the risk shall, by or with the knowledge, 
advice, agency or consent of the insured, be so altered as to 
cause an increase of such risks, or if, without such assent the 
said property shall be sold, or this policy assigned, or if the 
jiremises hereby insured shall become vacant by the removal of 
the owner or occupant, and so remain vacant for more than 
thirtv davs without such assent, or if it be a manufacturing 
establishment, running in whole or part extra time, except 
that such establishments may run in whole or in part extra hours 
not later than nine o'clock p. m., or if such establishments shall 
cease operation for more than thirty days without permission 
in writing indorsed hereon, or if the insured shall make any 
attempt to defraud the company, either before or after the loss, 
— or if gunpowder or other articles subject to legal restriction 
shall be kept in quantities or manner different from those 
allowed or prescribed by law, — or if camphene, benzine, 
naphtha, or other chemical oils or burning fluids shall be kept 
or used bv the insured on the premises insured, except that 
what is known as refined petroleum, kerosene or coal-oil may 
be used for lighting, and in dwelling houses, kerosene oil stoves 
may be used for domestic purposes — to be filled when cold, 
b}- daylight and with oil of lawful fire test only. 

If the insured property shall be exposed to loss or damage Assured to pro- 
by fire, the insured shall make all reasonable exertions to save else o'f°expos-'° 
and protect the same. uretoiire. 

In case of any loss or damage under this policy, a statement statement by in- 
in writing, signed and sworn to by the insured, shall be forth- ^^'J^^'f ^^^'^^^ "' 
with rendered to the compan}', setting forth the value of the 
property insured, the iutei'est of the insured therein, all other 
insurance thereon, in detail, the purposes for which and the 
persons by whom the building insured, or containing the prop- 
erty insured, was used, and the time at which and manner in 
which the fire originated, so far as known to the insured. The 
company may also examine the books of account and vouchers 
of the insured, and make extracts from tlie same. 

In case of any loss or damage, the company, within sixty Payment of lose 
days after the insured shall have submitted a statement, as wuwn's'ixtv 
provided in the preceding clause, shall either pay the amount days after proof, 
for which it shall be liable, ichicJi amount if not agreed upon eiecT8*to°repiace 
shall he asceriained by aicard of referees as hereinafter provided^ or repair. 
or replace the property with other of the same kind and good- 
ness, — or it may, within fifteen days after such statement is 
submitted, uotifv the insured of its intention to rebuild or re- 



810 



1887. — Chapter 214. 



Apportionment 
of loss in case 
of other insur- 
ance. 



Insured to as- 
sign to company 
claims asjainet 
third parties. 



Rights of par- 
ties in case the 
policy is made 
jiayable to a 
mortgagee. 



Cancellation of 
policy. 



differences to 
be submitted to 
referees. 



pair the premises, or any portion thereof separately insured hy 
this policy, and shall thereupon enter upon said premises and 
proceed to rebuild or repair the same with reasonable expedi- 
tion. It is moreover understood that there can be no aban- 
donment of the property' insured to the company, and that the 
company shall not in any case be liable for more than the sum 
insured, with interest thereon from the time when the loss shall 
become payable, as above provided. 

If there shall be any other insurance on the property in- 
sured, whether prior or subsequent, the insured shall recover 
on this policy no greater proportion of the loss sustained than 
the sum hereby insured bears to the whole amount insured 
thereon. And whenever the company shall pay any loss, the 
insured shall assign to it, to the extent of the amount so paid, 
all rights to recover satisfaction for the loss or damage from 
any person, town, or other corporation, excepting other insur- 
ers ; or the insured, if requested, shall prosecute therefor at 
the charge and for the account of the company. 

If this policy shall be made payable to a mortgagee of the 
insured real estate, no act or default of any person other than 
such mortgagee or his agents, or those claiming .under him, 
shall affect such mortgagee's right to recover in case of loss on 
such real estate : X)rovided^ that the mortgagee shall, on de- 
mand, pay according to the established scale of rates for any 
increase of risks not paid for by the insured ; and whenever 
this company shall be liable to a mortgagee for any sum for 
loss under this policy, for which no liability exists as to the 
mortgagor, or owner, and this company shall elect by itself, or 
with others, to pay the mortgagee the full amount secured by 
such morto;a2;e, then the morto;aoee shall assi2;n and transfer 
to the companies interested, upon such payment, the said 
mortgage, together with the note and debt thereby secured. 

This polic}^ may be cancelled at any time at the request of 
the insured, who shall thereupon be entitled to a return of the 
portion of the above premium remaining, after deducting the 
customary monthly short rates for the time this policy shall 
have been in force. The company also reserves the right, after 
giving written notice to the insured, and to any mortgagee to 
whom this policj^ is made paj^able, and tendering to the insured 
a ratable proportion of the premium, to cancel this policy as to 
all risks subsequent to the expiration of ten days from such no- 
tice, and no mortgagee shall then have the right to recover as 
to such risks. 

In case of loss under this polic}'^ and a failure of the parties 
to agree as to the amount of loss, it is mutually agreed that 
the amount of such loss shall be referred to thi'ee disinterested 
men, the company and the insured each choosing one out of 
three persons to be named b}^ the other, and the third being se- 
lected by the two so chosen ; the award in writing by a majority 



18S7. — Chapter 214. 811 

of the referees shall be couchisive and final upon the parties as 
to the amount of loss or damage, and such reference unless 
waived by the parties shall he a condition precedent to any ri'jlit 
of action in law or equity to recover for such loss; but no person 
shall be chosen or act as referee, against the objection of either 
party, who has acted in a like capacity within four months. 

No suit or action against this company for the recovery of 
any claim by vktue of this policy shall be sustained in any 
court of law or equity in this Commonwealth unless commenced 
within two years from the time the loss occurred. 

In witness whereof the said company 

has caused this policy to be signed by its president and at- 
tested by its secretary [or by such proper officers as may be 
designated] , at their office in [date] . 

FIDELITY INSURANCE AND CORPORATE SURETY. 

Section 61. Any company oro-anized under this act i^weiity insm- 

*' i ./ o ance companies 

or chartered by any other state or government to transact may insme the 
fidelity insurance and corporate suretyship, and qualified sonVand acuis 
to do business in this Commonwealth may make contracts «^jety on bond«, 
of insurance to guarantee the fidelity of persons holding Igsa'c'Jji! 
positions of trust in private or public employment or 
responsibility, and may, if accepted and approved by the 
court, magistrate, obligee or person competent to approve 
such bond, act as surety upon the official bond or under- 
taking in civil procedure of any person or corporation to 
the United States, to the Commonwealth of Massachusetts, 
or to any county, city, town, judge of probate and insol- 
vency, sherift' or other court, magistrate or public officer, 
or to an}^ corporation or association public or private ; and 
also may act as surety upon any bond or undertaking to any 
person or corporation conditioned upon the performance 
of any duty or trust or for the doing or not doing of any- 
thing in said bond specified, and upon bonds to indemnify 
against loss any person or persons who are responsible as 
surety or sureties upon a written instrument or otherwise 
for the performance by others of any office, employment, 
contract or trust. "Where by law two or more sureties siaybesoie 
are required upon any obligation such company is author- ta7ncL'es?and 
ized to insure, it may act as sole surety thereon, and U^.idg^th'o^'ugh 
may be accepted as such by the court, magistrate or other non-resident. 
officer or person authorized to approve the sufficiency of 
such bond or undertakimr ; and so much of section one 
of chapter one hundred and forty-three of the Public Stat- 
utes as requires that sureties on bonds to a judge of pro- 



812 



1887. — Chapter 214. 



Limit of liabil- 
ity a company 
may incur. 



bate shall be residents of the Commonwealth shall not be 
construed to forbid the acceptance of a qualified foreign 
corporation as joint or sole surety on any such bond. 
No such company shall incur in behalf or on account of 
any one person, partnership, association or corporation a 
liability for an amount larger than one-tenth of its paid-up 
capital, unless it shall l)c secured from loss thereon beyond 
that amount by deposit with it in pledge or conveyance to 
it in trust for its protection, of property equal in value to 
the excess of its liability over such limit. 



Organization of 
companies to 
insure against 
real estate in- 
cumbrances and 
defects of title, 
etc. 
1884, c. 180. 



Subject to. 
P. 8 c. 106. 
Not subject to 
this act except, 
etc. 



Shall file evi- 
dence of organ- 
ization with 
commissioner 
and obtain cer- 
tificate of au- 
thority to do 
business. 



To make an- 
nual stalements 
of condition. 



Penalty for neg- 
lect or false 
statement. 



Commissioner 
may visit and 
examine com- 
panies. 



REAL ESTATE TITLE INSURANCE. 

Sectiox 62. Companies may be formed in the manner 
provided in chapter one hundred and six of the Public 
Statutes, with a ca^ntal of not less than two hundred thou- 
sand dollars nor more than one million dollars for the 
purpose of examining titles to real estate, of furnishing 
information in relation thereto, and of insuring owners 
and others interested therein against loss by reason of 
incumbrances and defective title. Such companies shall 
have the same powers and privileges and be subject to 
the same duties, liabilities and prohibitions as other cor- 
porations under said chapter, but shall not be subject to 
the provisions of this act except as follows, to wit : 
Any such corporation, before it shall issue any policy 
or make any contract of guaranty or insurance shall tile 
with the insunmce commissioner a certified copy of the 
record of its certificate of its oraanization in the office of 
the secretary of the Commonwealth and shall obtain from 
the insurance commissioner his certificate that it has com- 
plied with the laws applicable to it and is authorized to do 
business. Every such corporation shall, on or before the 
fifteenth day of January of each year, file in the office of 
the insurance commissioner a statement such as he may 
require of its condition and of its affairs for the year end- 
ing on the preceding thirt}- -first day of December, signed 
and sworn to by its president or secretarj^ or treasurer and 
one of its directors, and for neglect to file such annual 
statements or for making a wilfully false statement shall 
be liable to the same penalties as are imposed upon insur- 
ance companies. The insurance commissioner shall have 
the same power and authority to visit and examine such 
corporations as he has in the case of domestic insurance 
companies, and the duties and liabilities of such corpora- 



1887. — Chapter 214. 813 

tions and their agents in reference to such examination 
shall be the same as are those of domestic insurance 
companies. 

Section 63. Every such corporation shall set apart a Not less than 
sum not less than two-fifths of its capital, and not less capital to* be set 
than one hundred thousand dollars in any case, as a guar- vestetrin' trust 
antv fund, and shall invest the same in the securities in for protection of 

• . . . . , . poliey-hoIderB. 

which domestic insurance companies may invest their 
capital, and shall issue no policy and make no contract of 
guaranty or insurance until such sum is so set apart and 
invested. The principal of such guaranty fund shall be 
a trust for the protection of policy-holders and shall be 
applied only to the payment of losses and expenses inciu'red 
1)y reason of the guaranty or insurance contracts of the 
corporation. Whenever the corporation shall increase its 
capital, two-fifths or a sufficient part of the increase shall 
be set apart and duly invested and added to the guaranty 
fund so that such fund shall always be not less in amount 
than two-fifths of the entire capital. Whenever, by reason Guaranty fund 
of losses or other cause, the guaranty fund is less than tobe^made"'' 
two-fifths of the capital, the company shall make no ^°°''" 
further contract of guaranty or insurance until the fund 
is made good. 

Section 64. Any company organized under the author- Liable to taxa- 
ity of chapter one hundred and eighty of the acts of the au"e"c*ompanieB. 
year eighteen hundred and eighty-four shall be subject to 
the provisions of the two preceding sections, and such 
company and all corporations established as here author- 
ized shall be taxable like domestic insurance companies. 

LIFE insura:^ce and life insurance companies. 

Section 65. All corporations, associations, partner- what to be 
ships or individuals doing business in this Commonwealth iusTuauce com- 
under any charter, compact, agreement or statute of this Prohibitions. 
or any other state, involving an insurance, guaranty, con- p- s. 119, § 154. 
tract or pledge for the payment of endowments or annui- 
ties, or for the payment of money or other thing of value 
to families or representatives of policy and certificate 
holders or members, conditioned upon the continuance or 
cessation of human life, save as provided in section three, 
shall be deemed to be life insurance companies and shall 
not make any such insurance, guaranty, contract or 
pledge in this Commonwealth or to or with any citizen or 
resident thereof, which does not distinctly state the amount 



814 1887. — Chapter 214. 

of iDenefits payable, the manner of payment and the con- 
sideration therefor, nor the perfonnance of which is con- 
tingent upon the payment of assessments made upon 
survivors. 
companieBto SECTION 6Q. No life iusuraucc company, after notice 

cease business .,,. .. i-iii' 

after notice. as providcd lu scctious scvcu and nine, shall issue new 
Penalty!' ^ ^'"'' poUcics uudcr its authority to do business in the Com- 
See § 104. monwealth until its funds have become equal to its liabili- 

ties and it has complied with the laws as provided in said 
sections, and has obtained a certificate to that efiect, with 
license to resume business^ from the insurance commis- 
sioner. 
Admission of SECTION 67. A coiiipany Organized uudcr the laws of 

lorGiiTU life com* ^^ • 

pauies. any other of the United States for the transaction of life 

insurance may be admitted to do business in this Com- 
monwealth, provided it has the requisite funds of a life 
insurance company and in the opinion of the commis- 
sioner is in sound financial condition and has policies in 
force upon not less than one thousand lives for an aggre- 
gate amount of not less than one million dollars. Any 
such company organized under the laws of a state or 
government other than one of the United States, in addi- 
tion to the above requirements, must have and keep on 
deposit or in the hands of trustees, as provided in sections 
seventy-nine and eighty-one, in exclusive trust for the 
security of its contracts with policj^-holders in the United 
States, funds of an amount equal to the net value of all 
its policies in the United States and not less than two 
hundred thousand dollars. 
Favoritism in SECTION 68. No life iusuraucc company doing busi- 
tracts prohib- iicss in Massachusctts shall make or permit any distinction 
or discrimination in favor of individuals between insurants 
of the same class and equal expectation of life in the 
amount or payment of premiums or rates charged for 
policies of life or endowment insurance, or in the divi- 
dends or other benefits payable thereon, or in any other 
of the terms and conditions of the contracts it makes ; nor 
shall any such company or any agent thereof make any con- 
tract of insurance, or agreement as to such contract, other 
than as plainly expressed in the policy issued thereon ; 
nor shall any such company or agent pay or allow or offer 
to pay or allow as inducement to insurance, any rebate of 
premium payable on the policy, or any special favor or 
advantage in the dividends or other benefit to accrue 



ited 



1887. — Chapter 214. 815 

thereon, or .any vnl liable consideration or inducement what- 
ever not specified in the policy contract of insurance. 

Section (Jl). No lite insuranc(^ company shall make Diseiinnnation 
any distinction or discriminalion between white persons a\urc"ioir(i'i)Pr 
and colored i)ersons wholly or i)ai'1ially of African descent, is84,c".'2:'5.'''''' 
as to the iiremiums or rates chariJ^ed for ])()licies iiixni the J,''""^'/- 

,1 oil gee § 100. 

lives of such persons ; nor shall any such company diMuand 
or recjuire greater })remiums from such colored ])ersons 
than are at that time recpiired by such company from 
white persons of th(^ same age, sex, general condition of 
health and })rospect of longevity ; nor shall any such 
(•()m])any make or reijuire any rebate, diminution or dis- 
count upon the amount to be paid on such policy in case 
of the death of such colored j)erson insured, nor insert in 
the policy any condition, nor make any sti])ulation 
wherel)y such person insured shall bind himself or his 
heirs, executors, administrators and assigns to accept any 
sum less than the full vahu^ or amount of such ]iolicy in 
case of a claim accruing tluMvon by reason of the death 
of such person insured, other than such as are imposed 
upon white persons in similar cases ; and any such stipu- 
lation or condition so made or inserted shall be void. 
Any such company which shall refuse the a])})lication of 
any such colored person for insurance upon such person's 
life shall furnish such person, on his request therefor, 
with the certificate of some regular examining ])hysician 
of such company who made the examination, stating that 
such refusal was not because such ap})licant is a person of 
color, l)iit solely upon such grounds of the general health 
and prospect of longevity of such person as would be 
applicable to white persons of the same age and sex. 

Section 70. Every life insurance company doing smpitisaooonnt 
business in Massachusetts shall report in its annual state- in\mumi*'8taie- 
meiit the amount of forfeitures and undivided surplus on "'^■"'' 
lai)sed or terminated ])olicies which it holds for or which 
is to accrue to the benefit of any class of its policy-holders, 
whether or not dividends thereof have been declared or 
allotment made, and whether or not liable for obligations 
of the comi)any until distribution thereof is madi- ; also 
the amount of surplus, not ordered to be distributed and 
not included in the annual statement as dividends due to 
policy-holdei's, and not api)roi)i'iated to the permanent 
safety fund under the pro\isi()iis of section s<'venty-fi\e, 
accrued from and contributed by its policies in force. 



816 



1887.— Chapter 214. 



Valuation of 
policies. 
Payment for. 
1884, c. 55. 



Reinsurance by 
domestic life 
companies. 
P. S. 119, § 152. 

(jtuaranty capi- 
tal; dividends; 
redemption. 
P. S. 119, § 145. 



Rights of credi- 
tor and of 
Ijeneficiary. 
P. S. 11'9, § 10". 



Section 71. Every life insurance company doing 
lousiness in this Coninionwealth shall annually pay into the 
treasury of the same, by the way of ('om})ensation for the 
valuation of its policies, live mills on every thousand 
dollars insured by it on lives. 

Section 72. No domestic life insurance company shall 
reinsure its risks except by permission of the insurance 
commissioner ; but may reinsure not exceeding one-half 
of any individual risk. The stockholders of the guaranty 
capital of any such compaii}^ shall be entitled to such 
annual dividends not exceeding eight per cent., payable 
from the net surplus, as may have been agreed upon in 
the subscription thereof. Any such company may redeem 
its guaranty ca})ital by appropriation of net sur])lus for 
that purpose whenever its meml)ers so vote. 

Section 73. When a polity of insurance is effected 
by any person on his own life, or on another life in favor 
of some person other than himself having an insurable 
interest therein, the lawful beneticiary thereof, other than 
himself or his legal i-epresentatives, shall be entitled to its 
proceeds, against the creditors and representatives of the 
person etfei^ting the same : ijrovided, that, subject to the 
statute of limitation, the amount of any })remiums for said 
insurance paid in fraud of creditors, with interest thereon, 
shall inure to their benetit from the proceeds of the policy ; 
but the company issuing the policy shall be discharged of 
all liability thereon by payment of its proceeds in accord- 
ance with its terms, unless, before such payment, the 
company shall have written notice by or in behalf of 
some creditor, with spet^itication of the amount claimed, 
claiming to recover for certain premiums paid in fraud of 
creditors. 



Policy-holders 
are members. 



Shall have 
notice of an- 
nual meetings. 



Votes and 

proxies. 

P. S. 119, § 153. 

Penalty. 

See § 107. 



Rights of Policy-holders in Domestic Mutual Life Companies. 

Section 74. Every person insured by a domestic 
mutual life insurance company shall be a member entitled 
to one vote, and one vote additional for each five thousand 
dollars of insurance in excess of the first five thousand 
dollars, and shall be notified of its annual meetings by 
written notice or hj an imprint in the form prescribed in 
section forty uj^on the l)ack of each policy, receipt, or 
certificate of renewal. Meml)ers may vote by proxies 
dated and executed within three months and returned and 
recorded on the books of the company seven days or 



1887. — Chapter 214. 817 

more befoi-e the meeting at which they are to be used ; 
hut no ])ers()n shall be allowed as proxy or otherwise to 
cast more than twenty votes, and no officer shall himself, 
or by another, ask for, receive, procure to be obtained or 
use a proxy vote. 

Section 75. P^very such domestic life company shall D'^^iribution of 

11 • i il r h surplus. 

annually, or once ni every two, three, tour or nve years, p.s. no, §§147- 
as it shall determine, and as may be conditioned in its 
policies, make distribution of all surplus it may have 
accumulated since its last dividend of surplus. By such 
surplus is here intended all accumulations since its last 
distribution of sur})lns above its debts and reserve com- 
})uted as provided in section eleven. The distribution 
shall be uj)on what is known as the contribution plan, and 
each member u})on whose policy no premium is overdue 
and un[)aid shall be entitled to the amount contributed by 
his policy to such suri)lus. Policies which have become 
payable before the time when such distribution is made, 
and after the date of the last previous di»tributi(ni, shall 
share in the same equitably and proportionally : provided, 
that, l)esides the a<>oretrate market value maro'in in excess 
of par of all bonds held by a company, and not included 
in its reserve, any such company may accumulate from its 
surplus and hold as a safety fund an amount not larger saiuty fund. 
than ten per cent, of its required legal reserve. Such 
safety fund, or any part thereof, may be applied to supply 
any deficiency in the reserve caused by depreciation of 
assets or losses and expenses beyond the ability of the 
company to otherwise ])rovide for. Upon the termination, 
by reason of death or maturity, of any })olicy hereafter 
issued upon which there has been no default in payment 
of prenn'um, the amount paya])le thereon shall include, as 
a special distribution of sari)lus, such jioi'tion of the com- 
pany's safety fund, if any, as may l)e determined by the 
following rule, viz. : If the company's surplus, as shown 
by the last report of the insurance comi)any, as made 
to the insurance connnissioner, prior to the termination of 
the said i)olicy, was a gre;iter amount than was shown l)y 
the first report of the; insurance compan}^ after the policy 
was issued, it shall be ascertained what [)ercentage the net 
increase in surplus during that time is on the company's 
total distributions during th<' same interval, and the same 
})ercentage of the sum of all the distributions niready paid 
on the said policy shall constitute the special di\idend. 



818 1887. — Chapter 214. 

^°" ir'ies'""' Section 7G. All })()licios hitherto issued by any domes- 
tic life insurance company shall be su])iect to the provis- 
ions of hnv a))]i1i('al)le and in force at the date of such 
issue. No .])olicy of life ov endowment assurance here- 
after issued ))y any such company shall become forfeit or 
void for n()n-j)ayment of premium after two full annual 
premiums, in cash or note, or l)oth, have been paid tliere- 
Paid-upaiui ou ; but iu casc oi" (Icfault in the ))ayment of any subse- 
vaiues""^"'''^'^ quent premium, then, without any further sti])ulation or 
P-gS- ii^'§§^''-'' act, such [)olicy shall be binding ujjou the company for the 
amount of paid-u[) insurance which the then net value of 
the policy and all dividend additions thereon, computed by 
the rule of section eleven, less any indebtedness to the 
company on account of said ])olicy, and less the surren- 
der chariie pro\ ided herein will |)ur('hase as a net single 
premium for life or endowment insurance maturing or ter- 
minating at the time and in the manner provided in the 
original policy contract; and such default shall not change 
or art'ect the conditions or terms of the policy, except as 
regards the payment of premiums and the amount i)ayable 
thereon. Said surrender charge shall be eight per cent, 
of the insurance value of the policy at the date of default, 
which insurance value is the ])resent value of all the nor- 
mal future yearly costs of insurance which by its terms 
said ])olicy is e.\])Osed to pay in case of its continuance, 
computed upon the rate of mortality and interest assumed 
in section eleven. Every such policy, after the })ayment 
of two full annual ])rciniunis thereon, shall have a surren- 
der value which shall be its net value, less the surrender 
charge, and less any indebtedness to the company on 
account of the said policy, and its holder may, upon any 
subsequent anniversary of its issue, surrender the same 
and claim and recover from the com})any such surrender 
Proviso. value in cash : provided,, that from the surrender ^'alue of 

all endowment policies the company may tleduct five per 
cent. On policies of prudential or industrial insurance on 
which the weekly premiums are not more than fifty cents 
each the surrender value in all cases shall be i)ayable in 
cash. Upon surrender, on any annivei-sary of its issue, 
of a policy which has l)ecome paid up after the payment 
of two full annual premiums, by force of the statute upon 
default in payment of premium, the holder shall be enti- 
tled to its net value, payable in cash : provided., that from 
the net value of all endowment policies the company 



1887. — Chapter 214. 819 

may deduct five per cenl. ]>ut no surrender of a policy 
shall be made without the writtiMi assent of the person to 
whom the policy is made payable. Any condition or 
stipulation in the })olicy or elsewhere, contrary to the pro- 
visions of this section and any waiver of such provisions 
l)y the assured, shall ])v void. 

FOREIGN INSURANCE COMPANIES. 

Section 77. Foreii>"n insurance com[)anies tii)on com- Foreign com- 
plying with the conditions herein set forth ai)plica])le to admutJaZ do 
such com})anies, may be :idmitted to transnct in this Com- n.^Xnt assents 
monwealth l)V constituted aiients resident therein any class •subject to laws. 
of insurance authorized l)y the laws of the Commonwealth, See §§91,92. 
subject to all general hiws now or hereafter in force rela- companies. 
tive to the duties, obligations, })rohibitions and })enalties ^'^'^§'' • ^ 
of insurance comyianics, and subject to all laws :ipplica1)le 
to the transaction of such l)usin(!ss by foreign insurance 
companies and their agents : provided, that no provision 
of law which by its terms ap})lies specifically to domestic 
life insurance companies shall thereby become applicable to 
foreign life insurance companies. 

CondilionH of Admission of Foreign Companies. 

Section 7<S. No foreign insurance company shall be so Before admis. 
admitted and authorized to do business until colllpany must 

First, It shall dejjosit with the insurance conmiissioner „[ ehane?and 
a certified copy of its charter or deed of settlenuMit and a stiitt-meut of 

_!.. _ _ . . . . condition, and 

statement of its financial condition and business, in such pay fees there. 

for. 

form and detail as he may require, signed and sworn to p. s.no, §§i96- 
l)y its president and secretaiy or other i)rf)per officer, and 
shall j)ay for the filing of such copy the sum of thirty dol- 
lars and for the filing of such statement th(> sum of twenty 
dollars. 

Second, It shall satisfy the insurance commissioner Satisfy the com- 
that it is fully and legally organized under the laws of its it'i»*'iegaiiy '' 
state or govermnent to do the business it projjoses to llMiM-utZvt 
transact: that it has, if a stock coni])any, a fully ])aid-up t;'iorfu"d«- 
and unimpaired caj)ital, exclusive of stockholders' ol)liga- 
tions of any description, of an amount not less than is 
required of similar comj)ani<'s formed under the provisions 
of this act, and, if a mutual company, other than life, 
that it has net assets equal to (he cai)ital re(iiiired of like 
com])anies on the stock plan ; that such capital or net 
assets arc well invested and immediately available for the 



820 1887. — Chapter 214. 

payment of losses in this Conmionvvealth ; and that it 
insures on any single hazard a sum no larger than one- 
tenth of its net assets. 
fonSionw Third, It shall by a duly executed instrument filed in 
its attorney to his oflice coustitute and ai)|)()int the insurance commis- 

accept service of. ,. .'' iipij 

lawful process, sioucr or his succcssor its true and hivvtul attorney upon 
whom all lawful processes in any action or legal })roceed- 
ing against it may be served and therein shall agree that 
any lawful })rocess against it which may be served upon 
its said attorney shall be of the same force and validity 
as if served on the company, and that the authority there- 
of shall continue in force irreA'ocable so long as any lia- 
bility of the company remains outstanding in this Com- 
monwealth. Copies of such instrument certified by the 
commissioner shall be deemed sufficient evidence thereof 
and service upon such attorney shall be deemed sufficient 
service u))on the ])riiicipal. 

Fourth, It shall a})p()int as its agent or agents in the 
in the commou- Couunonwealtli some resident or residents thereof. 
Obtain a cer- Fifth, It sliall obtaiu from the insurance commissioner a 

authority to do Certificate that it has com])lied with the laws of the Common- 

wealtli and is authorized to make contracts of insurance. 
foTiSn'c^uutn' Sectic)X 7JI. 8uch forcigu company, if inc()ri)orated 
must also make or associatcd uiidcr the laws of any "•overnment or state 

aej)osit, which , , i tt • i r-i /■ i » t -i i "■j j 

shall be deemed othcr tluiii tlic Umtcd btatcs or ouc oi the United btates, 
i\s!'i]9!§2i8. shall not be admitted until, besides complying with the 
conditions of section seventy-eight, it has made a de})osit 
with the treasurer of the Commonwealth or with the 
financial officer of some other state of the United States 
of a sum not less than the capital required of like com- 
panies under this act. Such deposit must be in exclusive 
trust for the benefit and security of all the company's 
policy-holders and creditors in the United States, and 
may be made in the securities but sulrject to the limita- 
tions specified in section thirty-four of this act, and such 
deposit sliall be deemed for all purposes of the insurance 
laws the ca})ital of the coni})any making it. 
bluoilrciasfof Section 80. No foreign insurance company hereafter 
insurance. admitted to do business in the Commonwealth shall be 
authorized to transact more than one class or kind of 
insurance therein. 
tiustlesof'cora- Section 81. Any admitted company of a foreign 
pany of foreign countrv iiiay ai^i^oiiit trustees who are citizens of the 

country, to- ^ */ «/ i. j. ^ ^ 

gather with its Uiiitcd Statcs and approved by the insurance commis- 



Conslitute an 
agent or agents 



1887. — Chapter 214. 821 

sioncr to hold funds in trust for the benefit of its policy- deposits, to con- 
holders and creditors in the United States, Said trustees assets. 
shall l)e named by the directors of the company and a J^ijo^- ^^'^' *^ ^^^' 
certified coi)y of the record of the apj^ointment of such irJ-ltees^Tom-"^ 
trustees and of the deed of trust shall be filed in the ottice niissioueV may 

- examine assets. 

of (he msurance commissioner who may examme such 
trustees and the assets in trust and all books and papers 
relatinii' thereto in the same manner that he may examine 
the otficers, agents, assets, and aftairs of insurance com- 
panies. The funds so held by such trustees, so far as 
the same are in securities, money or credits admissible as 
sound assets in the financial accounts of insurance com- 
panies, shall, together with its deposits made in accord- 
ance with section seventy-nine, constitute the assets of 
such coni})any as regards its policy-holders and creditors 
in the United States. 

Section 82. The authority of a foreign insurance Authoiity to do 

1 1 1 -i.- -i.' 1 II • 1 J- '" 1 J. J. lnisiiK'88 may be 

com})any may r)e revoked it it shall viohite or neglect to revoked for 
comply with any i)rovision of law ol)ligatory upon it, ^■^^'''^'""of law, 
and whenever in the o})inion of the insurance commis- ^'-'^ § '^• 
sioner its condition is unsound, and whenever its assets 
above its lialfilities, exclusive of cajfital and inclusive of 
unearned premiums estimated as j)ro^ided in section 
eleven, are less than the amount of its original capital or 
required unimpaired funds. 

Fire Insurance by Unauthorized Companies. 
Section 83. The insurance commissioner, upon the conditions 

I iff i- X i 1 1 1 • under which 

annual payment ot a lee ot twenty dollars, may issue unauthorized 
licenses to citizens of this Commonwealth, suljject to l^^lJ^fJ'iZ';^ 
revocation at any time, permitting the person named J'ss^^'^'^^yo 
therein to nrocure i)olicies of fire insurance on ijroijerty I'enaity. 

11 . *^ See § 99. 

in this Conmionwealth in foreign insurance companies not 
authorized to transact business in this Commonwealth. 
Before the person named in such a license shall procure 
any insurance in such companies on any property in this 
Commonwealth he shall in every case execute and tile 
with the insurance commissioner an aflidavit that he is 
unable to procure, in companies admitted to do business 
in the Commonwealth, the amount of insurance necessary 
to protect said property, and shall only ])rocure insurance 
under such license after he has procured insurance in 
conii)anies admitted to do business in this Commonwealth 
to the full amount which said companies are willing to 



822 



1887. — Chapter 214. 



Duties of 
licensee. 



write on said pi'operty. Each person so licensed shall 
keep a separate account of the business done under the 
license, a certified copy of which account he shall forth- 
with file with the insurance? connnissioner, showing the 
exact amount of such iusui'ance placed for any ])ers()n, 
firm or corporation, the gross i)remium charged thereon, 
the coni]ianies in Avhich the same is placed, the date of 
the policies and Ihe term thereof, and also a rc])ort in the 
same detail of all such ])olicies cancelled, and the gross 
return ]^rcmiums thereon, and before receiving such 
license shall execute and deliver to the treasurer and 
receiver-general of the Conunonwealth a bond in the 
penal sum of two thousand dollars, with such sureties as 
the treasurer and receiver-general shall a])prove, with a 
condition that the licensee will faithfully comply with all 
the requirements of this section, and will tile with the 
treasurer and receiver-general, in Jaiuiary of each year, 
a sworn statement of the gross premiums charged for 
insurance procured or placed and the gross returned pre- 
miums on such insurance? cancelled under such license 
during the year ending on tlu^ Ihirty-tirst day of Decem- 
ber next preceding, and at the time of filing such state- 
ment will pay into the treasury of the Commonwealth a 
sum equal to four i)er cent, of such gross [)remiuuis, less 
such returned premiums so reported. 



Foreign com- 
panies to do 
bnsiness by 
agents in the 
state. 

Policies not to 
be invalidated 
by war. 
P. S. 119, § 218. 



Not to reinsure 
in unauthorized 
companies. 
See §§ 20, 102. 



Miscellaneous Frovisions. 

Section 84. Foreign companies admitted to do busi- 
ness in the Commonwealth shall make contracts of insur- 
ance upon lives or property I herein only by lawfully 
constituted and licensed resident agents. No policy of 
insurance issued to a citizen of the Commonwealth by an 
authorized company organized under the laivs of a foreign 
country shall be invalidated l)y the occurrence of hostili- 
ties between such foreio'u countrv and the United States. 
And no company of another state or government shall 
directly or indirectly contract for or efiect reinsurance of 
any risk in IMassachusetts ^vith any company not author- 
ized to do business thelein. 



Reciprocal Obliyations. 
Same ccmditions Section 85. Whcii bv the laws of anv other state any 

imposed upon ^ ,.,.*' .. i ' -j. i.i 

companies of taxcs, fines, peualties, licenses, tees, deposits, or otlier 
such state's i'm- obligations oi' prohibitions, additional to or in excess of 



1887. — Chapter 214. 823 

those iiii])os('(l by flic laws ot" lliis ( V)iiinu)nwonlth upon iiow on domos- 

/• • • * • 1 J 1 • . • .tie companies. 

loreign insurance c()nij)anics and tlicii- ai^cnts, arc imposed r-. s. lui, § Jis. 
on insurance eoin[)anies of this ( "onnuonweallh and their ^^®^ ^^^" 
agents doing business in such stale, the same taxes, tines, 
etc., shall be imposed upon all insurance companies of 
sucli state and their agents (h)iiig business i)i tliis Com- 
monwealth so kmg as such laws remain in force. 

LI.OVDS' ASSOCIATIONS. 

Section S(j. Associations of individuals, citizens ol" iiow f|uaiifie<i 

^1 TT "v 1 CU i 1 j-1 • 1 -ji • ^i /< for admission. 

tlie United tStates, Avnether oigaiiized witlim the ( ommon- i*. s. nsi, § 175. 
wealth or elsewhere within the United States, formed 
upon tlie [)lan known as Lloyds — whereby eacli associate 
underwriler becomes liable for a proportionate part of the 
wliolc amount insured by ;i policy — may l)e authorized 
to transact insurance other than life in this ('oiiimon- 
Mcaltli in like manner and upon the sanu^ terms and con- 
ditions as are reijuired of and imj)osed iq)on insurance 
companies of other of the United States. 

AGENTS AND KUOKERS. 

SEf'TioN ST. Any person not a (\u]\ licensed insurance Who deemed to 

II I !• •.! ' • I I "ii- <• • '»e acents. 

nroker, who solicits insurance on beiiali ot any insurance p. sriia, §§ isa, 
company, or transmits for a ])erson other than himself an ^^*' 
aj)plication for or a policy of insurance^ to or from such 
company, or otlers or assumes to act in the negotiation of 
such insurance, shall be deemed an insurance agent within 
the intent of these statutes, and shall thereby l)econu! 
liable to all the duties, re(juisitioiis, liabilities and })enal- 
ties to which an agent of such company is subject. 

Section ^<8. Any othcer of, or person a|)i)ointe(l as its Agents of 
agent for that pur])ose by, a domestic insurance compan\-, panics!"^ '^"™" 
or acting without comj)ensalion, may, without other <|ual- 
itication, act in the negotiation and transaction with such 
comj)any of any insurance which such company may law- 
fully do. 

Section 89. An insurance agent shall be personally i.iaiiiiiiy of 
liable on all contracts of insurance unlawfully made by or '|^K■ll^mla\v" 
through him, directly or indirectly, for oi* in Ix'half of any l'.''i,^ "i'!i',''§2io. 
company not authorized to do business in the Common- 
wealth. 

Secti(»n 1)0, An insurance agent or broker who ai'ts <'o"'p!"'y '""i"'' 
for a person other than himself in negotiating a contract pioniium lo 
of insurance by an insurance company shall for the pur- pf s'.Vi-j, § 19^^ 



824 



1887. — Chapter 214. 



pose of receiving the premium therefor be hekl to be the 

company's agent, whatever conditions or stipulations may 

Penalty on \)q contained in the ijolicy or contract ; and such ai»:ent or 

agent for . . ^ 

frautinient 1)roker knowiiiffly i)rocurino; l)y fraudulent reiiresenta- 
P. s. 119, § 185. tions payment or an ohngation tor the payment ot a pre- 
mium of insurance shall l»e })unished l)y tine of not less 
than one hundred nor more than one thousand dollars, or 
by imprisonment for not more than one year. 



Agents of for- 
eign companies 
not to act with- 
out license. 
P. S. 119, § 209. 
Penalty. 
See § 98. 



Appointment 
and certiticate 
of agent. 



Company bound 
by acts of its 
agent. 



Agent to exhibit 
on sign, cards, 
etc., the state or 
country, etc., of 
the company 
he acts for. 
P. S. 119, §20.5. 



Age?its of Foreign Companies. 

Sectioi^ 1)1. No officer or auent of a foreign insurance 
com])any sluill make or procure to be made, or act or aid 
in any manner in the negotiation of, any insurance with 
such con)})any until he shall i)r()cure from the insurance 
commissioner a certiticate of authority so to do which 
shall state in substance that the com})any is authorized to 
do business in tlu; Commonwealth, and that the person 
named therein is the constituted aijent of the comijany for 
the transaction of such business. Ui)on wi'itten notice by 
such conn)any of its a})[)ointment of a suitable person to 
act as its agent within the Connnonwealth, and the pay- 
ment of a fee of two dollars, the insurance commissioner 
shall, if the facts warrant it, grant siu-h certificate. Such 
certiticate shall continue in force until the first day of 
Ai)ril next after its issue, and, by renewal thereof on the 
annual payment for such renewal of a fee of two dollars 
l)efore the first day of April of each year, until revoked 
l)y the commissioner for non-compliance with the laws, or 
until the a[)pointment of the agent is revoked by written 
notice from the conn)any to that ett'ect filed with the insur- 
ance commissioner. While such certificate remains in 
force the company shall be bound by the acts of the 
l)erson named therein Avithin his apparent authority as its 
acknowledoed agent. 

Section 92. Every person acting for a foreign insur- 
ance company shall exhil)it in conspicuous letters, ou the 
sign designating his place of business, the name of the 
state or country under whose authority the company he 
represents has l)een incorporated or formed. And said 
company and agent shall also have printed in large type the 
name of such state or country and the kind of office, whether 
chartered or formed as a mutual or stock company, upon all 
policies issued to citizens of this Commonwealth, on all 
cards, placards, and pamphlets, and in all advertisements 



Fee for certifi- 

filtc. 



1887. — Chapter 214. 825 

published, issued or circulated in this Connnouweulth by 
them or him, relating to the business of such company. 

Insurance Brokers. 
Section 98. AVhoever for comijcnsation acts or aids insurance 

. . / ... broker. 

in any manner in neaotiatnig contracts oi msurance or Not to act wuh- 

1 • ' • 1 ' ii" J • • • out license. 

reinsurance or ])lacin_i>" risks or etTcclinii' insurance oi" rem- penalty. 
surance for a })erson other than himself, and not being fj^-*^" ^^•'' ^S^^**' 
the a})pointed agent or officer of the com})any in which See § us. 
such insurance or reinsurance is ert'ected, shall be deemed 
an insurance liroker and no person shall act as such broker 
save as provided in this section. The insurance^ com- coininissioner 
missioner may u})on the payment of a fee of ten dollars IXkeir 
issue to any j)erson a certiticate of authority to act as an 
insurance broker to negotiate contracts of insurance or 
reinsurance or place risks or effect insurance or reinsur- 
ance with any (|ua]ified domestic insurance company or its 
agents and with the authorized agents in the Common- 
wealth of any foreign insurance c()m})any duly admitted 
to do business in the Connnonwealth. Such certificate 
shall remain in force for one year unless revoked by the 
connnissioner for cause. Such cause shall exist upon con- Revocation of 
viction of the holder of such certificate of a \'iolation of violates 'thriaw"! 
the insurance laws, and whenever it shall ai)i)ear to th(^ ?,L"'l';'rr*'* '° 
connnissioner upon due proof after notice that the holder piemiums. 
has unreasonably failed and neglected to pay over to the 
company or agent entitled thereto any premium or ])art 
thereof collected by him on any })olicy of insurance. The 
connnissioner shall publish such revocation in such man- 
ner as he deems for the protection of the public. 

DEPOSITS WITH TUE STATE TREASUKEK. 

Section 94. The treasurer of the Common wealth in Treasurer to 
his official capacity shall take and hold in trust deposits !,7uJl,7;°':"' 
made ))y any domestic insurance company for the ])uipos(! p '1^^'i"<',''ks ,56 
of com|)lvino:'Avith the laws of an\- other state to enal)le -y^rn>^. _ 

I J f^ • 18H.''. c. 1lt7. 

such company to do business in such state; and shall also is84,'c. no. 
in like manner take and hold any deposit made 1)y a for- 
eign insurance company under any law of the Connnon- 
wealth. The company making such deposit shall be Companies 
entitled to the income thereof, and may from time to co.nVof deposits 
time with the consent of the treasurer, when not for- ehangcsecuri- 
bidden ])y the law under which the deposit is made, *'*^**- 
change in whole or part the securities which compose the 



826 1887. — Chapter 214. 

deposit for other eoinpelent .seeuritie.s of equal ]iar value. 
posits^bjMrea- Up<'>» re(|uest of aiiy doniestie insurauee eoui))any the 
surer. ,s.y(j treasuivi' may return to such company the whole or 

any })oi"1ion of the .securities of such comj)any held by 
him on deposit when he shall he satistiecl that the securi- 
ties so asked to he; returned are suhiect to no liability and 
not required to be longer held by any provision of law or 
pinpose of the oriirinal de})osit. And he may return to 
the trustees or oilier rejiresentative authorized for that 
pur|)ose of a foreign insurance coin])any, any deposit 
made by such coin|)any when it shall ai)i)ear that such 
com])auy has ceased to do business in the CV)mnion- 
wealth and is under no obligation to policy-holders or 
other persons in the Conimonwt^alth or in the Ignited 
'''■""'' '"'''■1'"'*'} States for whose; iienetit such deposit was made. An 

may lie eiilon'eil _ _ I _ 

in equity Biiii. insurance coinpan>' which has made such dej)osit, or 
its ^trustees or resident manager in the United States, or 
the insurances connnissioner, or any creditor of such com- 
])any may at any time bring in the supreme judicial court 
for the county of Sutfolk a suit in e(juity against the Com- 
monwealth and other ))arties properly joined therein, to 
enforce, administer or terminate the trust ci'eated by such 
L'.^v**f,?v'^ '/•,!!,'!" de|)osit. The process in such suit shall l)e served on the 
monw.uith and trcasurcr of the (!onnnonwealth, who shall ai)i)ear and 

l)ert(jnn decrees • • i i i .• i /• i i i i 

of conn. answer m its heiiair and pertorm sucli orders and decrees 

as the court may make thereupon. 

UEOEIVRKS OF INSURANCE COMPANIES. 

Ac'?J^futr^''*°" Section 95. The compensation of receivers of insol- 
p. s. 119, §§ 168- vent insurance companies shall be fixed by the; supreme 
i§83, c. 258. judicial court. All accounts rendered to the court by 
such receivers shall be referred to the insurance com- 
missioner for his examination and report thereon. Such 
receivers, at the expiration of one year from final settle- 
ment ordered by the court, or, if they then have in their 
hands for distribution or deposit moneys or dividends g 
uncalled for, when the same shall be |)aid into the treas- 
ury of the Commonwealth as provided in chapter two 
hundred and fifty-eight of the acts of the year eighteen 
hundred and eighty-three, and their final account allowed 
peposiiof by the court, shall deposit with the insurance commis- 

books with com- y i • i ii i i i • 

mitisionor. sioucr together with all papers and records relating to 
their receiverships, all books and papers of such insolvent 
companies. 



1887. — Chapter 214. 827 



ANNUAL STATEMENTS. 

Section 9(3. Every insurance c()iii])imy shall annually ah t-oiupanics 
on or before the fifteenth day of January, tile in the office sta'te'im'niT'''' 
of the insurance commissioner a statement ^vhich shall .'!j,J^ ^^•''^^'""' 
exhibit its financial condition on the thirty-first day of ^,^^^','"-^"- 
December of the previous year and its busin(\^s of that s..-siiii. 
year. For g<)o<^l cause shown the connnissioner may 
extend the time within which any such statement may be 
tiled, but not to a date later than the fifteenth day of Feb- 
ruary. P^very such annual statement shall be in the form, Form of state- 
and of the specifications the insurance commissioner may HowVeiified. 
require, who shall eml)ody therein, so far as a,pj)roi)riate |ect and faur^ 
to the several companies, the sul)stance of the ai)i)cnded «t:>temeut. 

. . . . . . ^ ^ Set' § 101. 

forms, together with any additional inquiries he may con- 
sider fit to elicit a complete and accurate exhibit of the 
condition and transactions of the companies. The 
assets and liabilities shall be computed and allowed in 
such statement in accordance with the rules stated in 
section eleven. Such statement shall l)e subscri])ed and 
sworn to by the president and se(*retary, or. in their 
absence, 1)y two of its }n'incipal officers. The annual .^/ff,""/'""''^^ 
statement of a company of a foreign country shall embrace >=onntnes. 
only its business and condition in the United States, and 
shall be subscribed and sworn to by its resident manager 
or ])rincipal representative in charge of its American 
i)usiness. For tiling each annual statement, each foreign Fee for filing. 
c()m})any shall [lay to the Commonwealth the sum of 
twenty dollars. The transaction of any new business by New imsiuesa. 
any company oi" its agents after neglect to file a statement uurawfuh" ' 
in the manner herein provided shall be uidawful. 

PENALTIES, FORFEITURES, ETC. 

Section 97. The })erson, if other than the insurance complainant in 
commissioner or his de])uty, upon whose comjilaint a el'.tiued'too'iie 
conviction is had for violation of the law prohibiting insur- p'^s^luw'iso 
ance in or by foreign companies not authorized to do 
Imsiness in the Commonwealth sliall be entitled to one- 
half of the fine re(;overed ajx)!! sentence therefor. 

Section 98. Any person who shall assume to act as an Ncgoiiatiou of 
insurance agent or insurance broker, without license ['rat^s.'^"' '"'"' 
therefor as herein i)rovided, or who shall act in anv man- f^g^;"'-* -"i'' 
ner in the lu^iiotiation or transaction ol'unlawfid insurance see§§;i,9i. 
with a foreiii'n insurance compan\- not admitted to do 
business in this Commonwealth, or who as principal or 



828 



1887. — Chapter 214. 



Unlawful acts 
of licensed per- 
Bons. 

See § 83. 



Illegal adver 
tisenieulB. 
See § 18. 



Neglect to make 
relurnw. 



False returns. 
See §§ 19, 96. 



Reinsurance in 
unauthorized 
companies. 
See § 20. 



Over-insurance. 

See §§ 20, 56. 



Issue of life 
policy after 
notice of impair- 
ment. 
See § 66. 



agent shall violate any ]:»rovision of this act in regard to 
the negotiation or effecting of contracts of insurance, shall 
be })unished ])y tine of not less than one hundred nor more 
than live hundred dollars for each offence. 

Section 99. Any person licensed under the provisions 
of section eighty-three who shall procure or act in any 
manner in the procurement or negotiation of insurance in 
any uiiauthoriz(!d foreign company and shall neglect to 
make and tile the athdavit and statements as such section 
provides, or shall wilfully make a false atBdavit or state- 
ment, shall forfeit his license and be punished by a tine of 
tive hundred dollars or by imprisonment for not more than 
one year, or by both. 

Section 100. Any compan}^ or any agent thereof issu- 
ing or circulating advertisements in viohition of section 
eighteen shall be punished by tine of not less than fifty 
nor more than five hundred dollars. 

Section 101. Aiiy company that neglects to make 
and file its animal statement in th<; form and within the 
time provided by section ninety-six shall forfeit one hun- 
dred dollars for each day's neglect, and upon notice by the 
insurance connnissioner to that effect its authority to do 
new business shall cease while such default continues. 
For wilfully making a false annual or other statement it is 
required by law to make an insurance com})any and the 
persons making oath to or subscribing the same shall 
severally be punished by fine of not less than five hundred 
nor more than five thousand dollars. Any })erson making 
oath to such false statement shall be deemed guilty of the 
crime of perjury. 

Section 102. For making any reinsurance in viola- 
tion of section twenty an insurance company and the 
aijent efl'ectino- or actinoj in the neootiation of such rein- 
surance shall severally be punished by fine of five hun- 
dred dollars. 

Section 103. Any insurance compaii}' that shall 
insure upon a single risk a larger amount than the 
law permits, shall be punished ))y fine of five hundred 
dollars, and any fire insurance company shall forfeit fifty 
dollars for each policy it shall issue in violation of sec- 
tion fifty-six. 

Section 104. Any officer or agent of a life insurance 
company who shall issue a new policy, after notice by the 
coumiissioner, in violation of section sixty-six shall for 



1887. — Chapter 214. 829 

each oflence forfeit a sum not exceedino; one thousand 
dollars. 

Section 105. Any insurance company or agent who issue of tire 
shall make, issu(^ or deliver a policy of lire insurance in I'h'all'Ktamiar.i 
wilful violation of section sixty shall forfeit for each ^"'!'^v,o 
ort'ence not less than fifty nor more than two hundred 
dollars; but such policy shall nevertheless he binding 
upon the company issuing the same. 

Section 106. Any director or other officer of a uuiawiui 
mutual tire insurance company who either officially or poiVcy'iVokrer. 
privately gives a guarantee to a policy-holder thereof '^'''' S '"• 
against an assessment to which such policy-holder would 
otherwise be liable shall Ije punished by fine not exceed- 
ing one hundred dollars for each oft'ence. 

Section 107. Any paid officer or agent of a domestic Proxy vote by 
mutual insurance company who shall ask for, receive, seel§ 4^>.'74'^"'' 
l)rociu'e to l)e obtained or use a proxy vote in violation of 
section forty or section seventy-four shall be punished for 
each offence by a fine of not less than one hundred nor 
more than three hundred dollars. 

Section 10<S. Whoever without jusfitiabh^ eause, obstruction of 
neglects u[)on due summons to appear and testify before examimiuons"! "' 
the commissioner as i)rovided in section six, and whoever wi'uessiu 

I . 1 • 1 • • clefiuilt. 

obstructs the commissioner, his deputy or examiner in«ee§G. 
his examination of an insurance company, shall be pun- 
ished by fine of not more than one thousand dollars or by 
imprisonment for not more than one year. 

Section 109. Any life coini^anv or officer or au'ent P"'?'' 'i'««''°'- 

. . /> 1 ^ . . I. . .'^ luation. 

thereof violating any of the provisions of section sixty- See §69. 
nine shall be punished by fine of not more than one hun- 
dred dollars for each offence. 

Section 110. For violation of aiiv i)rovision of this other' vioia- 
act the penalty whereof is not specifically provided for '°"''' 
herein, the offender shall be })unislied by fine of not more 
than five hundred d()llars. 

Section 111. Comj)liance with the provisions of sec- Enforcement of 
tion eighty-five as to de[)osits, obligations and prohibi- gaiionr''' "'''' 
tions, and the payment of taxes, fines, fees and })enalties 
by and upon foreign insurance conn)anies may be enforced 
in the ordinary course of equity procedure by infor- 
mation brought in the supreme judicial court by the 
attornev-iieneral at the relation of the insurance commis- 
sioner. 



830 



1887. — Chaptek 214. 



Act, CDiiMtriic 
lion, etc. 



KEPEAI. OF STATUTES. 

Repeal. Section 112. Chapter one huiidi'ed and nineteen of 

the Public Statutes, chapters thirty-three, one hunch'ed 
and seven, one hunch'ed and t\V(Mity-six, two hundred 
and thirty-tive, and so much of chapter two huu(h"ed and 
Hfty-ei<>ht as is in(^onsistent herewith, of the acts of the 
year eiiiliteen Inmdred and eiixlity-three, clia))ters tifty- 
five, tifty-cii:ht, seventy-four, one hundred and ninetecji, 
one huiuh'ecl .-uid twenty, one hunch'cd and seventy-seven, 
one luni(h'ed and seventy-eight, two hundred and seven- 
teen, two hundred and thirty-five, and two hundred and 
ninety-six of the acts of the jonv (>iuhteeii hunch'ed and 
eiillity-four, chapters two hundi'ed an<l forty-one, tliree 
hun(h('d, three huixh'ed and eight, and threes hundred and 
fifty-four of the acts of the yeiu' eighteen Inuidred and 
I'ighty-five, and chapters one luuidred and eiglity-seven 
and two hundred and twenty-two of Ihe acts of the year 
eighteen huufh'ed and eighty-six, are hereby n^peakHl.j 
Tlu^ provisions of this act, so far as they are the samel 
as those of existing laws, shall b(^ construed as a conlinu-l 
atlon of such laws and not as new enactments ; and the| 
repeal by this act of any provision of law shall not afi'ect 
any act done, liability incurred, or any ri<>ht accru(Hl audi 
established, or any suit or prosecution, civil or criminalJ 
pending or to be institut<'d to enforce any right or penaltyj 
or punish any offence under the authority of the repealec 
laws ; and any person who at the time when said repeal| 
takes effect holds office under any of the laws rejiealec 
shall continue to hohl such office according to the tenurej 
thereof, unless such ofiice is abolished or a different pro-j 
vision is herein made. 

FOKMS. 

A. — F'nrni of R(itir)> for Stock Insurance Companies, Except Lifel 

Form of return. (1.) State the name of the company. {'!.) Where located. 
(3.) When incorporated and for what period. (4.) Amouuf 
of capital. (5.) Amount of capital actually paid in. (<i.)| 
Cash value of real estate owned. (7.) Amount loaiu^d oiij 
mortgage of real estate. (<S.) Amount and deseriptiou of eacl 
kind of bonds and stocks owned with par and market ^'alue. 
(9.) Amount loaned on collateral; par and market value of 
each security pledged. (10.) Amount of cash on hand. (tl-)J 
Amount of gross premiums in course of collection, (t--)l 
Amount of bills receivable, not matured, taken for premiums. 
(13.) Amount of all other property or investments. (14.) All 



1887. — CiiArTER 214. 831 

outstandiag losses. (15.) Amount of unearned premiums on Form of re- 
polieies in force. (Ifi.) All other liabilities and claims against '"'"*• 
the compan}^ (l'^-) Amount of cash received for premiums. 
(18.) Amount of notes received for premiums. (19.) Amount 
received for interest and rents. (^0.) Amount of income re- 
ceived from all other sources. (21.) Amount paid for losses. 
{'2'2.) Amount paid for dividends. (23.) Amount paid for 
expenses. (24.) All other expenditures. (25.) State amount 
of risks written, terminated and in force, with gross premiums 
thereon. 

B. — Form of Return of Mutual Companies, Except Life. 

(1.) State the name of the company. (2.) Where located. 
(3.) When incorporated and for what period. (4.) Amount 
of guarantee fund, if any. (o.) Cash value of real estate 
owned. (6.) Amount loaned on mortgages of real estate. 
(7.) Amount and description of each kind of stocks and bonds 
owned, with par and market value. (8.) Loans on collateral, 
with par and market value of each security pledged. (U.) 
Cash in office and in bank. (10.) Gross premiums in course 
of collection. " (11.) All other loans, investments and property. 
(12.) Premium notes liable to assessment. (13.) Amount of 
scrip outstanding. (14.) All outstanding losses. (15.) Un- 
earned premiums. (16.) Dividends declared and unpaid. 
(17.) Borrowed money. (18.) All other liabilities and claims 
against the compau}-. (19.) Cash received for premiums. 
(20.) Cash received for interest and rent. (^1.) Premium 
notes received. (22.) Income from all other sources. (23.) 
Paid for losses. (24.) Paid for expenses, {^i^)-) Surplus re- 
turned to policy-holders. (2G.) All other expenditures. (27.) 
Scrip dividends declared. (28.) State amount of risks, writ- 
ten, terminated, and in force, with gross premiums thereon. 

C. — Form of Eettcrn of Life Insurance Companies. 

(1.) The name of the company. (2.) Whei-e located. (3.) 
When incorporated and for what period. (4.) Amount of cap- 
ital stock or guarantee fund. (5.) Cash value of real estate 
owned. (6.) Amount loaned on mortgages of real estate. 
(7.) Amount and description of each kind of bonds and stocks 
owned, with par and market value. (8.) Loans on collateral, 
with par and market value of each security pledged. (9.) Cash 
in office and in bank. (10.) Premium notes and loans on poli- 
cies in force. (H.) Outstanding and deferred premiums on 
policies in force. (12.) All other loans, investments and prop- 
erty. (13.) All outstanding losses and policy claims. (14.) 
Dividends of surphis due poUcy-holders. (15.) Forfeitures 
and surplus accrued, held for and to be divided to any special 
class of policy-holders ; surplus accrued on policies in force, 



832 



1887. — Chapter 215. 



Meal times for 
children, young 
persone and 
•women in fac- 
to riea. 



not yet due to be distributed. (16.) All other liabilities and 
claims against the company. (17.) Cash received for premi- 
ums. (18.) Cash received for interest and rents. (19-) In- 
come from all other sources. (20.) Paid for losses and claims. 
(21.) Dividends of surplus to policy-holders. (22.) Paid for 
expenses. (23.) All other expenditures. (24.) Number, date, 
amount and kind of each outstanding policy not heretofore re- 
turned, gross premium thereon and age of the insured. (25.) 
Number, date, and amount of each polic}' which has within the 
3"ear ceased to be in force, how terminated, what has been paid 
to the legal holder of the policy, and age of the insured. 

Approved April 21, 1887. 

(J]lCtV.^\5 ■'^N Act to secure uniform and proper meal times for chil- 
dren, YOUNG PERSONS AND WOMEN EMPLOYED IN FACTORIES AND 
WORKSHOPS. 

Be it enacted, etc., as follows : 

Section 1. All children, young persons and women, 
five or more in number, employed in the same factory 
shall be allowed their meal time or meal times at the same 
time : 2^^'ovided, however, that any children, young per- 
sons or women who begin work in such factory at a later 
hour in the morning than the other children, young per- 
sons and women employed therein may be allowed their 
meal time or meal times at a diiferent time, but no such 
children, young persons or women shall be employed 
durinof the regular meal hour in tending the machines, or 
doing the work of any other children, young persons or 
women in addition to their own. 

Section 2. No child, young person or woman shall 
be employed in a factory or workshop, in which five or 
more children, young persons and women are employed, 
for more than six hours at one time without an interval 
of at least half an hour for a meal : provided^ hoivever, 
that a child, young person or woman may be so employed 
for not more than six and one-half hours at one time if 
such employment ends at an hour not later than one o'clock 
in the afternoon, and if such child, young person or woman 
is then dismissed from the factory or workshop for the 
remainder of the day, or for not more than seven and 
one-half hours at one time if such child, young person 
or woman is allowed sufiicient opportunit}'^ for eating a 
lunch during the continuance of such employment, and 
if such employment ends at an hour not later than two 
o'clock in the afternoon and such child, young person or 



Not to be em- 
ployed more 
than six hours 
•without an in- 
terval of half 
an hour. 



1887. — Chapter 215. 833 

woman is then dismissed from the factory or workshop 
for the remainder of the day. 

Section 3. This act shall not apply to iron works, Not to nppiy to 
glass works, paper mills, letter-press printing establish- '^e'" ^"' w""" ■>*• 
ments, piint works, bleaching works or dyeing works ; 
and the chief of the district police, where it is proved 
to his satisfaction that in any other class of factories or 
workshops it is necessary, by reason of the continuous 
nature of the process, or of special circumstances affecting 
such class, to exempt such class from the provisions of 
this act, and that such exemption can be made without 
injury to the health of the children, young persons and 
women ali'ected thereby, may, with the approval of the 
governor of the Commonwealth, issue a certificate grant- 
ing such exemption, public notice whereof shall be given 
in the manner directed by said chief, without expense to 
the Commonwealth. 

Section 4. The following expressions used in this act ^lonf 'defined'^*' 
shall have the following meanings : The expression " iron 
works" means any mill, forge or other premises in or 
on which any process is carried on for converting iron into 
malleable iron, steel or tin plate, or for otherwise mak- 
ing or converting steel. The expression "glassworks" 
means any premises in which the manufiicture of glass is 
carried on. The expression "paper mills" means any 
premises in which the manufacture of paper is carried on. 
The expression " letter- press printing establishments" 
means any premises in which the process of letter-press 
printing is carried on. The expression "printworks" 
means any premises in which is carried on the process of 
printing figures, patterns or designs upon any cotton, 
linen, woollen, worsted or silken yarn or cloth, or upon 
any woven or felted fabric not being paper. The expres- 
sion "bleaching works" means any premises in which 
the process of bleaching any yarn or cloth of any material 
is carried on. The expression "dyeing works" means 
any premises in which the process of dyeing any yarn or 
cloth of any material is carried on. 

Section 5. Whoever, either for himself or as superin- Penalty on 
tendent, overseer or other agent of another, violates any "^ente, etc. 
of the provisions of this act shall be punished by fine of 
not less than fifty nor more than one hundred dollars : 
provided, however, that in case any factory or workshop 
or any apartment therein is kept open during the noon 



834 



1887. — Chapter 216. 



Ckcq^mG 



Limitation of 
cupitui Bbares. 



Unpledged 
shares may be 
willuirawn upon 
giving thirty 
clays' notice. 

Settlement of 
shareholder'u 
account. 



Directors may 
retire unpledged 
shares. 



Provisos. 



hour and any employee violates the provisions of this act, 
contrary t^ the written or printed rules of said factory or 
workshop, then the employer or his superintendent, over- 
seer or other agent shall not be held responsible for said 
violation. Approved April 21, 1887. 

An Act kelatino to co-opekative banks. 
Be it enacted, etc., as follows : 

Section 1. The limitation of capital to be accumu- 
lated in any co-operativ^e bank now organized or here- 
after formed under the provisions of chapter one hundred 
and seventeen of the Public Statutes shall be held to apply 
to capital actually paid in, and no such bank shall be re- 
strained from issuing shares so long as the capital actually 
paid in on shares is not in excess of one million dollars. 

Section 2. A member may withdraw his unpledged 
shares at any time by giving thirty days' notice of his in- 
tention so to do, written in a book held and provided by 
the corporation for that purpose. Upon such withdrawal 
the shareholder's account shall be settled as follows : — 
From the amount then standing: to the credit of the shares 
to be withdrawn there shall be deducted all tines, a pro- 
portionate part of any unadjusted loss, together with such 
proportion of the profits previously credited to the shares 
as the by-laws may provide, and such shareholders shall 
be paid the balance : provided, that at no time shall more 
than one-half of the funds in the treasury be applicable to 
tlie demands of withdrawing members without the consent 
of the directors. The directors may at their discretion, • 
under rules made by them, retire the unpledged shares of 
any series at any time after four years from the date of 
their issue, by enforcing the withdrawal of the same ; but 
whenever there shall remain in any series, at the expira- 
tion of five years after the date of its issue, an excess 
above one hundred unpledged shares, then it shall be the 
duty of the directors to retire annually twenty-five per 
centum of such excess existing at said expiration of five 
years after the date of its i^sue, so that not more than 
one hundred unpledged shares shall remain in such series 
at the expiration of nine years from the date of its issue, 
and thereafter the directors may in their discretion retire 
such other unpledged shares as they consider the best in- 
terests of the bank to require : provided, that whenever 
under the provisions of this section the withdrawal of 



1887. — Chapter 216. 835 

shares is to be enforced the shares to be retired shall be 
determined by lot, and the holders thereof shall be paid 
the full value of their shares, less all tines and a propor- 
tionate part of any unadjusted loss ; and provided^ also, 
that shares pledged for share loans shall be treated as 
unpledged shares. 

Section 3. Shares may be issued in the name of a shares may be 

t • !■ • T i ii T i- r" i.1 !• issued in the 

muior, and it so issued may, at the discretion ot the direc- name of a minor. 
tors, be withdrawn, in manner as provided in section two 
of this act, by such minor, the parent or guardian of such 
minor, and in either case payments made on such with- 
drawals of shares shall be valid. When a share or shares shares heid in 
are held by any one in trust for another, the name and 
residence of the person for whom such share or shares are 
held shall be disclosed ; and the account shall be kept in 
the name of such holder as trustee for such person ; and, 
if no other notice of the existence and terms of such trust 
has been given in writing to the corporation, in the event 
of the death of the trustee, such shares may be withdrawn 
by the person for whom such deposit was made or by his 
legal representatives. 

Section 4. Partial payments of loans on real estate partial payment 

11 i' 1 1 1 • J • of loans onreal 

made by any co-operative bank may be received in sums estate. 
of fifty dollars or any multiple thereof; and for each two 
hundred dollars so repaid one share of stock shall be re- 
leased from pledge. 

Section 5. Section nine of chapter one hundred and p.^^n^Tg'" 
seventeen of the Public Statutes is hereby amended by 
inserting after the w^ord " directors," in the eighth line, 
the following: — provided, futther, thzit whew any series 
of shares, either pledged or unpledged, reaches maturity 
between the dates of adjustment of profits, or whenever 
shares are retired between such dates, the holders of such 
shares shall, in addition to the value thereof, be entitled 
to interest at the rate of six per cent, per annum for all 
full months from the date of the preceding adjustment. 

Section (i. Section eight of chapter one hundred and ^^''pea'- 
seventeen of the Public Statutes, as amended by chapter 
two hundred and fifty-one of the acts of the year eighteen 
hundred and eighty-two, is hereby repealed. 

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

Approved April 21, 1887. 



83G 



1887. — Chapteks 217, 218. 



CJlCip.217 ^^ -^CT RELATING TO TEE EXPENSE OF RECORDING PROBATE PRO- 
CEEDINGS IN THE COUNTY OF SUFFOLK. 



Annual expense 
of recordinc, 
etc., in Suffolk, 
not to exceed 
$2,800. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The expense of recording probate pro- 
ceedings in the county of Suffolk, regulated by section 
forty-four of chapter one hundred and fifty-six of the 
Public Statutes, shall not exceed twenty-eight hundred 
dollars in any one year. So much of said section forty- 
four as is inconsistent with this act is hereby repealed. 

Section 2. Chapter one hundred and eighteen of the 
acts of the year eighteen hundred and eighty-four is here- 
by repealed. 

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

Approved April 21, 1887. 



CJian.2\S ^^ ^^^ "^^ AMEND SECTION TEN OF CHAPTER ONE HUNDRED AND 
THREE OF THE PUBLIC STATUTES RELATING TO THE DUTIES AND 
POWERS OF INSPECTORS OF FACTORIES AND PUBLIC BUILDINGS. 

Be it enacted, etc., as follows: 



Amondraent to 
P. S. 103, § 10. 

Duties of in- 
spectors. 



Section 1. Section ten of chapter one hundred and 
three of the Public Statutes is hereby amended so as to 
read as follows: — /Section 10. Such inspectors shall 
enforce the provisions of sections thirteen to twenty- 
two, inclusive, of chapter one hundred and four, except 
as therein specified, and the various provisions of law 
relating to the employment of women and minors in man- 
ufacturing, mechanical or mercantile establishments, and 
the employment of children, young persons or women in 
fiictories or workshops, and the ventilation of factories or 
workshops, and the securing of proper sanitary provisions 
in factories or workshops ; and for this purpose said in- 
spectors may enter all buildings used for public or manu- 
facturing purposes, or for factories or workshops, examine 
the methods of protection from accident, the means of 
escape from fire, the sanitary provisions and the means of 
ventilation, and may make investigations as to the em- 
ployment of children, young persons and women. 

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

Approved April 21, 1887. 



1887. — Chapters 219, 220. 837 



An Act to amend section twenty-three of chapter one hun- (JJinj) 219 

DRED AND FOUR OF THE PUBLIC STATUTES RELATING TO THE 
AUTHORITY OF INSPECTORS OF FACTORIES AND PUBLIC BUILD- 
INGS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter one hun- Amentimentto 
dred and four of the Public Statutes is hereby amended " 
so as to read as follows: — Section 23. The authority Authority of in- 
of said inspectors to enforce the provisions of sections ^p'^'^'^"''^- 
thirteen to twenty-two inclusive shall not extend to the 
city of Boston. 

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

Ajyproved April 21, 1SS7. 

An Act in addition to an act making appropriations for QIkij) 2'^0 

EXPENSES authorized THE PRESENT YEAR, AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., asfolloios: 

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

For the payment of sewer assessments on the propertv s^wef assess- 
of the Commonwealth, to the city of Worcester, the sum Worcester. 
of two thousand one hundred and ninety-five dollars and 
thirty-five cents, as authorized by chapter seventeen of 
the resolves of the present year. 

For the town of Blackstone, the sum of two hundred ^0^6°'*^^''*°''' 
and sixty-six dollars and seventy-five cents, as authorized 
by chapter nineteen of the resolves of the present year. 

For providing additional protective apparatus in con- Protective ap- 
nection with the engine and boiler rooms at the state House.* '^^ '^'^'^ 
house, a sum not exceeding thirteen hundred dollars, as 
authorized by chapter twenty of the resolves of the pres- 
ent 3'ear. 

For the :Massachusetts school for the feeble-minded, feSm'inded. 
the sum of five thousand dollars, as authorized by chap- 
ter twenty-one of the resolves of the present year. 

For providing for certain repairs at the state normal maii sIIk-o'i a^' 
school at Westfield, a sum not exceeding tsventy-seven weataeid. 



838 



1887. — Chapter 220. 



Lawrence N. 
l)uchesney. 



State lunatic 
hospital Mt 
Tauiitou. 



Lvman school 
for boys, Willow 
Park estate. 



Town of Ware. 



Purity of water 
supplies, dis- 
po-iiil of t-ew- 
age, etc. 



Sarah Maria 
Cisco. 



I\'ew Hampshire 
boundary line. 



Westborough 
iusaue buspital 



Doorkeepers. 



Assistant door- 
keepers and 
messengers. 



hundred dollars, as authorized by chapter twenty-three 
of the resolves of the present year. 

For Lawrence N. Duchesney of Lawrence, the sum of 
three hundred doUars, as authorized by chapter twenty- 
four of the resolves of the present year. 

For providing for a new barn, for the purchase of cows, 
and a steam fire pump, at the state lunatic hospital at 
Taunton, a sum not exceeding seven thousand dollars, as 
authorized by chapter twenty-five of the resolves of the 
present year. 

For the purchase of the AVillow Park estate in the town 
of AVestborough, as an addition to the Lyman school for 
boys, a sum not exceeding three thousand dollars ; and 
for necessary repairs to the buildings on said estate, a 
sum not exceeding four thousand dollars, as authorized 
by chapter twenty-six of the resolves of the present year. 

For the town of Ware, the sum of one hundred and 
twenty-three dollars and fifty cents, as authorized by 
chapter twenty-seven of the resolves of the present year. 

For providing for investigations into the best methods 
of assuring the purity of water supplies, disposal of 
sewage, and for other purposes under the direction of 
the state board of health, a sum not exceeding thirty 
thousand dollars, as authorized by chapter thirty of the 
resolves of the present year. 

For Sarah Maria Cisco, of the Hassanamisco tribe of 
Indians, two hundred dollars, as authorized by chapter 
thirty-four of the resolves of the present year. 

For expenses in connection with the establishment of the 
boundary line between Massachusetts and New Hamp- 
shire, a sum not exceeding five thousand dollars, as author- 
ized by chapter thirty-five of the resolves of the present 
year. 

For the payment of current expenses at the Westbor- 
ough insane hospital at Westborough, for the year eight- 
een hundred and eighty-seven, a sum not exceeding 
thirty thousand dollars, as authorized by chapter thirty- 
six of the resolves of the present year. 

For the salaries of the doorkeepers of the senate and 
house of representatives, twenty-eight hundred dollars, i 
as authorized by chapter one hundred and sixteen of the 
acts of the present year. 

For compensation of assistant doorkeepers, postmaster, 
messengers and pages to the senate and house of repre- 



1887. — Chapter 220. 830 



scnlativGS, a sum not exceeding eleven thousand nine 
hundred dollars, as authorized by chapter one hundred 
and sixteen of the acts of the present year, being in 
addition to the ten thousand dollars appropriated by chap- 
ter two of the acts of the present year for the compensa- 
tion of doorkeepers, messengers and pages. 

For the compensation of such messengers as it may be Messengers 

. 11' ^^ i- Ai 1 • 1 X durins; recess of 

necessary to employ durmg the recess or the legislature, legislature. 
a sum not exceeding fifteen hundred dollars; but the 
amount paid each person employed shall not exceed three 
dollars i)er diem for each day's actual services. 

For furnishing cities and towns with copies of the index-digest, 
index-digest to the reports of the cases decided by the 
supreme judicial court, a sum not exceeding seventeen 
hundred and fifty dollars, as authorized by chapter one 
hundred and eighteen of the acts of the present year. 

For the Massachusetts school for the feeble-minded, the school for the 
sum of five thousand dollars, as authorized by chapter 
one hundred and twenty-three of the acts of the present 
year, being in addition to the twenty thousand dollars 
appropriated by chapter six of the acts of the present 
year. 

For the salary of the chief of the state district police chief of state 
force, the sum of two hundred and twenty-eight dollars '^"'^"'^^ p"''*-*^- 
and twenty-three cents, as authorized by chapter one 
hundred and twenty-seven of the acts of the present year, 
being in addition to the seventeen hundred dollars appro- 
priated by chapter thirteen of the acts of the present 
ye.tr. 

For the compensation of members of the state district gi,^t'^^'i8*ruft 
police force, the sum of four thousand three hundred and police. 
thirty-six dollars and thirty-seven cents, as authorized by 
chapter one hundred and twenty-seven of the acts of the 
present year, being in addition to the twenty-two thou- 
sand eight hundred dollars appropriated by chapter thir- 
teen of the acts of the present year. 

For the salary of the sergeant-at-arms' clerk, the sum s»rgeant-nt. 
of seven hundred dollars, as authorized by chapter one ^^"^^ 
hundred and twenty-eight of the acts of the present year, 
being in addition to the eleven hundred dollars appropri- 
ated for one of the sergeant-at-arms' messengers by chap- 
ter one of the acts of the present year, which eleven 
hundred dollars is hereby made applicable for the pay- 
ment of the salary of the clerk as aforesaid. 



840 1887. — Chapter 220. 

Engineer. -pov the salaiy of the engineer at the state house, the 

sum of one hundred dollars, as authorized by chapter one 
hundred and twenty-ei«2;ht of the acts of the present year, 
being in addition to the fourteen hundred dollars appro- 
priated by chapter one of the acts of the present year. 

Watchman. For the salary of the watchmen at the state house, the 

sum of twelve hundred dollars, as authorized by chapter 
one hundred and twenty-eight of the acts of the present 
year, being in addition to the eight hundred dollars appro- 
priated by chapter one of the acts of the present year. 

BostoD.'*'^*^''' °^ ^^^' ^^^^ salary and expenses of the fire marshal of the 
cit}' of Boston, the sum of one thousand five hundred and 
thirteen dollars and twenty-two cents, which amount is 
payable to the treasurer of the city of Boston, as provided 
for in section six, chapter three hundred and fifty-four of 
the acts of the year eighteen hundred and eight3^-six. 

Bureau ofsta- YoY cxtra compcusation to certain officers of the bureau 

tistics of labor. ^ . . , ' 

of statistics of labor, the sum of thirteen hundred doUars, 
as authorized by chapter one hundred and fifty-three of 
the acts of the present year. 
KuffoTk?"^^ For the salary of the district attorney for the Suffolk 
district, the sum of three hundred and sixty-one dollars 
and twelve cents, as autiiorized by chapter one hundred 
and sixty of the acts of the present year, being in addition 
to the forty-five hundred dollars appropriated by chapter 
four of the acts of the present year. 
rim^'ict aftor"ney ^^^^ ^^^ Salary of the first assistant district attorney for 
for Suffolk. the Suffolk district, the sum of two hundred and sixteen 
dollars and sixty-seven cents, as authorized by chapter 
one hundred and sixty of the acts of the present year, 
being in addition to the twenty-five hundred dollars ap- 
propriated by chapter four ojf the acts of the present 
year. 
fric[\uorneyfo'r ^^^' *^^® Salary of the clerk of the district attorney for 
Suffolk. the Suffolk district, the sum of one hundred and forty- 

four dollars and forty-five cents, as authorized by chapter 
one hundred and sixty of the acts of the present year, 
being in addition to the one thousand dollars appropri- 
ated by chapter four of the acts of the present year. 
Judge of pro- For the salarv of the indole of probate and insolvency 

nfits GtC . for «/ t/ ~ 1. */ 

Barnstable. for the couiity of Bamstablc, the sum of one hundred 
and forty-three dollars and thirty-three cents, as author- 
ized by chapter one hundred and sixty-six of the acts of 
the present year, being in addition to the one thousand 



1887. — Chapters 221, 222. 841 



dollars appropriated by chapter four of the acts of the 
present year. 

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

Approved April 25., 1887. 

An Act to establish the salary of the messenger to the (Jlinj. 001 

GOVERNOR AND COUNCIL. ^ 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the messenger to the salary estab- 
governor and council shall be one thousand dollars from ''^'^*^'^' 
and after the first day of January in the year eighteen 
hundred and eighty-seven. 

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

Approved April 26, 1887. 



Cliap.222 



An Act in relation to the cape cod ship canal company 
Be it enacted, etc., as follows : 

Section 1. The time for the completion of the Cape Time for com- 
Cod Ship Canal and for the use, exercise and enjoyment t'inded.^^" 
of all the franchises, provisions, privileges and exemp- 
tions contained and granted in and by chapter two hun- 
dred and fifty-nine of the acts of the year eighteen hundred 
and eighty-three and chapter two hundred and seventy- 
four of the acts of the year eighteen hundred and eighty- 
four is hereby extended for a period of four years except 
as hereinafter otherwise provided ; and the contract re- 
ferred to in section eight of said chapter two hundred and 
seventy-four may be renewed or extended accordingly. 

Section 2, Section two of chapter two hundred and f-^^fl'^^'^^^^' 
seventy -four of the acts of the year eighteen hundred and 
eighty-four is hereby repealed, and section seven of chap- 
ter two hundred and fifty-nine of the year eighteen hun- 
dred and eighty-three is hereby re-enacted and amended 
so as to read as follows: — Section 7. It shall be the oidCoionyRnii- 
duty of the Old Colony Railroad Company so to alter its [o ■.uer"ui'^"^ 
location as to cross the said canal at such point or points i°'=»'^'°"- 
as said railroad company and said canal company may 
agree upon, or as the board of harbor and land commis- 
sioners and the board of railroad commissioners, who are 
for this purpose constituted a joint board, shall, acting 
together, by a majority vote after due notice and a public 
hearing determine ; and said joint board shall also deter- 
mnie the question whether said canal shall be crossed by 



842 



1887. — Chapter 222. 



The Cape Cod 
Ship Canal Cora, 
pany to build 
railroad and 
bridges upon 
new lucatiOD. 



a public highway, and if so at what point and in what 
manner; and in determining said questions said board 
shall consider the obstruction of traffic upon said can.il 
and the railroad, and the general public conv^enience ; and 
if such public highway is ordered said canal company 
shall construct the same at the point and in the manner 
so determined. The board of railroad commissioners, after 
due notice to all parties interested and hearing of all who 
shall appear, shall also determine and prescribe in writing 
the time when and the manner in which the Old Colony 
Railroad Company shall alter its location so as to cross 
said canal at such point or points ; and in making such 
alterations said raih'oad corporation shall have all the 
powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in all general laws relat- 
ing to railroads, except that the damages of land owners 
shall be assessed only against and paid by said canal com- 
pany as in case of land taken for railroad purposes. The 
Cape Cod Ship Canal Company shall thereupon proceed to 
build the railroad and bridge or bridges upon the new loca- 
tion, and complete the same in such manner and at such 
time as may be perscribed by the railroad commissioners, 
and to their satisfaction in case the parties do not agree 
upon the same, and shall pay all the damages caused by the 
construction of said railroad upon such new location, and 
shall be liable for such damages as in the case of the con- 
struction of railroads. Until the completion of the rail- 
road upon the new location said canal company shall not 
enter upon the old location of the railroad, except for 
making surveys or by the consent of the railroad commis- 
sioners. Damages occasioned to the railroad company 
by its compliance with the requirements of this act may 
be recovered by it of the canal company in the manner 
provided by law for the recovery of damages caused by the 
location and construction of raih'oads. The Cape Cod iShip 
Canal Company shall also build and maintain and keep in 
repair a bridge or bridges across said canal suitable for 
the passing of the railroad, which said bridges shall each 
have a suitable draw for the passage of vessels and shall 
be constructed and maintained under the supervision of 
the board of railroad commissioners, and one of them, if 
said joint board shall so prescribe, shall be suitable for 
the passage of the highway. 



1887. — Chapter 222. 8i3 

Said railroad company shall appoint a steady and dis- To appoint 
creet superintendent and all necessary assistants for each em9!"tcrtor 
drawbridge, who shall be paid by said canal company a '^''^^^ndges. 
reasonable compensation to be fixed by the railroad com- 
missioners. Said superintendent shall have full control foTlvrrtTifcon 
and direction of the passiuii: of vessels throuifh the draw troi of vessels 

, ^ , . xi 1 "i 1 -xi ^1 • . - passing through 

and 01 trains over the bridge, and with said assistants drnwandof 
shall be subject to such rules and regulations not incon- bnllge?^'''^ 
sistent with law as said railroad and canal company shall 
from time to time prescribe for the operation of said 
bridge; but said rules and regulations shall be subject to 
approval and alteration by the said board of railroad 
commissioners. And said superintendent and assistants 
shall be subject to removal by said board of railroad 
commissioneis. 

Section 3. In case of injury to or destruction of any Ropair, etc, of 
railroad bridge over the canal without the fault or nes;li- " ^^" 
gence of the railroad company, it may at once repair or 
rebuild the same, and may recover of the canal company 
the reasonable expense therefor, in an action of contract. 

Section 4. The deposit made with the treasurer of P^p°»'* ^,'^'', 

I . ^ . treasurer to lie 

the Commonwealth pursuant to the provisions of section repaid to canai 
nineteen of chapter two hundred and fifty-nine of the acts eic?'^^"^''^ 
of the year eighteen hundred and eighty-three shall be 
by him repaid to said canal company whenever the board 
of harbor and land commissioners shall certify that said 
corporation has actually received into its treasury and 
expended one million dollars in the construction of said 
canal pursuant to its charter, and the said canal company 
shall have also filed with the treasurer certificates in writ- 
ing of the county commissioners of the county of Barn- 
stable that it has settled all land damages and all damages 
to the Old Colony Eailroad Company as provided in sec- 
tion two of this act or has given security satisfactory to 
said county commissioners to pay the same. So much of 
said section nineteen as is inconsistent herewith is hereby 
rcpe.Mled. 

Section 5. Section twenty of chapter two hundred fsTs^'^Mzo!' 
and fifty-nine of the acts of the year eighteen hundred 
and eighty-three is hereby amended so as to read as fol- 
lows : — iSedion 20. Said canal company, by a vote of 5""".'<=°'"P'*"y 

, ij'i/ may issue bonds 

a maiority of its stockholders at a meeting called for the and may mon- 

• • A 1 1 1 i Si"?*" property to 

purpose, may issue coupon or registered bonds, to pro- secure payment. 
vide means for funding its floating debt or for the pay- 



8M 1887. — Chapter 222. 

ment of money borrowed for any lawful purpose, and 
may mortgage or pledge as security for the payment of 
such bonds, a part or all of its real and personal property, 
or franchise. Such bonds may be issued in sums of not 
less then one hundred dollars each, payable at periods not 
exceeding twenty years from the date thereof, and bear- 
ing interest not exceeding seven per cent, a year payable 
annually or semi-annually to an amount which, including 
that of the bonds previously issued, does not exceed all 
the capital stock of the corporation actually paid in at the 
time ; and such bonds shall be recorded by the treasurer 
of said corporation in books to be kept in his otfice. No 
bond shall be issued unless approved by some person 
appointed by the corporation for that purpose, who shall 
certify that it is properly issued and recorded. In case 
any such mortgage is executed to trustees, then all bonds 
secured thereby shall also bear the certificate of one or 
more of the trustees that the same are so secured, and that 
the mortgage has been delivered to the trustees and duly 
recorded. Every such mortgage shall be recorded in the 
registry of deeds for the county of Barnstable. This sec- 
tion shall be subject to the provisions of sections sixty- 
two to seventy, inclusive, of chapter one hundred and 
twelve of the Public Statutes, so far as the same may be 
applicable. 
Right to file Section 6. If the risfht of any person or persons to 

c t ai tD B f o r *^ t/ a l 

damages. file claims against the canal company for damages to prop- 

erty taken by said company's location has lapsed such 
right is hereby revived for one year from the passage of 
this act. 

Landwiihin^ SECTION 7. The towus of Saudwich and Bourne may 

may be taxed, tax the land within the location of said canal to said canal 
company upon an assessed valuation of land at the time 
of the taking thereof by said company, and until the canal 
is constructed thereon. 

1884, 274, § 8, not Section 8. Nothing contained in this act shall be con- 
strued as repealing any of the provisions of section eight 
of chapter two hundred and seventy-four of the acts of 
the year eighteen hundred and eighty-four. 

Section 9. This act shall take effect upon its passage. 

Approved April 26, 1887. 



1887. — Chapter 223. 845 



(7/ia/?.223 



An Act to incorporate the greylock institute water 

COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Benj. F. Mills, John W. Dickinson, oreyiock insti- 
George F. Mills, Charles A. Mills, and their associates complnrincor- 
and successors, are hereby made a corporation by the pon^ted. 
name of the Greylock Institute Water Company, for the 
purpose of furnishing Greylock institute and the inhabi- 
tants of South Williamstown, in the town of Williams- 
town, with water for the extinguishment of fires and for 
domestic and other purposes, with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or 
may hereafter be in force ap[)licable to such corpora- 
tions. 

Section 2. Said corporation for the purposes afore- May take waters 
said may take the waters of Green river, so called, in the !"„ wunaml^"' 
town of Williamstown, 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, con- 
ducting and distributing said waters to said Greylock 
institute and to said inhabitants ; and may erect on the May erect dams 
land thus taken or held proper dams, buildings, fixtures sti-uctur^s. 
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, maintainins: and May^'gup 

y -, . . II 1 ° T lands und« r 

repairmg such conduits, pipes and other works, and for direction of 
all proper purposes of this act said corporation may dig 
up any such lands, and, under the direction of the board 
of selectmen of the town in which any such ways are 
situated, may enter upon and dig up any such ways in 
such manner as to cause the least hindrance to public 
ravel on such ways. 



816 



1887. — Chapter 223. 



To file in the 
registry of deeds 
a description of 
tile l:ind, etc., 
tuken. 



Liability for 
datuugeii. 



Real estate and 
capital stock. 



May issue 
bonds. 



Penalty for 
corrupting or 
diverting water. 



May regulate 
use of water and 
fix and collect 
water rates. 



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 
office of the registry of deeds for the northern district of 
the county of Berkshire a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
poses for Avhich the same were taken, signed by the presi- 
dent of the corporation. 

Section 4. Said corporation shall be liable to pay all 
damages that shall be sustained by any person iu 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 l>e ascertained, determined and recovered in the 
manner now provided by law in case of land taken for 
highways. 

Section 5. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount five thousand dollars ; and the whole capital 
stock of said corporation shall not exceed ten thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 6. Said corporation may issue bonds and 
secure the same b}^ a mortgage of 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. 

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 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. 

Section 8. The said corporation may distribute the 
water through said South Williamstown, may regulate 
the use of said water and fix and collect water rates to 



I 



1887. — Chapter 223. 847 

be paid for the same, and may make such contracts with 
any individual or corporation to supply water for the 
extinguishing of fire or for other purposes as may be 
agreed upon by such individual or corporation and said 
corporation. 

Section 9. Any owner of land or water rights taken security mny be 
under this act, upon application by cither party for an p^.ymentoT 
estimate of damages, may require said corporation to give ^''*"'»g«»- 
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 otiier property taken. 
If upon petition of such -owner, with notice to the ad- 
verse party, the security appears to the said commis- 
sioners to have become insufScient, they shall require 
said corporation to give further security to their satisfac- 
tion ; and all the right or authority of the corporation to 
enter upon or use said land and other property, except for 
making surveys, shall be suspended until it gives the 
security required. 

Section 10. The said town of Williamstown, or any Townofwii- 
fire district that is or may hereafter be legally organized firrd[°tTict"niay 
therein, shall have the right at any time to take, by pur- and^^IncS 
chase or otherwise, the franchise, corporate property and 
all the rights and privileges of said corporation on pay- 
ment to said corporation of the total cost of its franchise, 
works and property of any kind, held under the pro- 
visions of this act, including in such cost interest on each 
expenditure from its date to the date of taking, as here- 
inafter provided, at the rate of seven per centum per 
annum. If the cost of maintaining and operating the 
Avorks of said corporation shall exceed in any year the 
income derived from said works by said corporation for 
that year, then such excess shall be added to the total " 
cost : and if the income derived from said works by said 
corporation exceeds in any year the cost of maintaining 
and operating said works for that year, then such excess 
irhall be deducted from the total cost. The said town or fire 
district, on taking as herein provided the property of said 
corporation, shall assume all of its outstanding obligations 
including the bonds authorized by this act, and the 
amount thus assumed shall be deducted from the total 
amount to be paid by said town or fire district to said 
corporation. In case of a foreclosure of the bonds au- 



84:8 1887. — Chapter 223. 

thorizcd by this act, the said town or fire district may 
take possession of the property and rights of said cor- 
poration on the paj'nient of said bonds, principal and 
interest. In case said town or fire district and said cor- 
poration are unable to agree upon the amount of the total 
cost of the franchise, corporate property, rights and 
privileges of said corporation, then, upon a suit in equity 
by said town or fire district, the supreme judicial court 
shall ascertain and fix such total cost under the foresjoing 
provisions of this act, and enforce the right of s;iid town 
or fire district to take possession of such franchise, cor- 
porate property, rights and privileges upon payment of 
Subject to assent sucli cost to Said Corporation. This authority to take 
vote/"" ''^"^*^* said franchise and property is granted on condition that 
the taking is assented to by said town or tire district by 
a two-thirds vote of the voters of said town or such fire 
district, present and voting thereon at a meeting legally 
called tor that purpose. 
Town or district SECTION 11. The Said towu or district may, for the 
bonds. purpose of paying the cost of said franchise and corpo- 

rate 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 twenty thousand dollars; such bonds, 
notes and scrip shall bear on their face the words Wil- 
liamstown AYater 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 said town or district and be 
countersigned by the water commissioners hereinafter 
provided for. The said town or district may sell such secu- 
rities at public or private sale, or pledge the same for 
money borrowed for the purposes of this act, upon such 
sinkine fund to tcrms and conditions as it may deem proper. And said 
town or district shall pay the interest upon said loan as it 
accrues and shall provide for the payment of said princi- 
pal 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 pa}^ the principal of said loan at matu- 



1887. — Chapter 223. 849 

rity ; 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 
fur4her vote of said district be raised annually by taxa- 
tion in the same way as money is raised for other district 
expenses. 

Section 12. After the purchase of said franchise and Ji?y''by\axa"ion 
corporate property as herein provided, the said town or "^^"[^cu^^.n'"' 
district shall raise annually by taxation a sum which with expenses utui 
the income derived from the sale of water shall be suffi- 
cient to pay the current annual expenses 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. Said town or district is further authorized, by uay enlarge 
assent of two-thirds of the voters of said town or district J^o-thirdrvote. 
present and voting thereon at a legal meeting called for 
the purpose, to raise by taxation any sum of money for 
the purpose of enlarging or extending its water works 
and providing additional appliances and fixtures con- 
nected therewith, not exceeding three thousand dollars 
in any one year. 

Section 13. The returns required by section ninety- R-^tum of 
one of chapter eleven of the Public Statutes shall state Ing^fund/etc. 
the amount of any sinking fund established under this 
act, and if none is established whether action has been 
taken for the payment of annual proportions of said 
bonded debt as hereinbefore provided, and the amount 
raised and expended therefor for the current year. 

Section 14. Whenever a tax is duly voted by said X'ct'onofux^ 
town or district for the purposes of this act, the clerk 
shall render a certified copy of the vote to the assessors 
of the town of Williamstown 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, 
wdio shall collect said tax in the same manner as is pro- 
vided for the collection of town taxes, and, in case such 
tax is a district tax, shall deposit the proceeds thereof 
w'ith the district treasurer for the use and benefit of said 
district. Said town or district may collect interest on 
taxes when overdue in the same manner as interest is 



850 



1887. — Chapter 223. 



Water commie 
sionera to be 
elected. 



To be trusters 
of the slnlJlng 
luiid. 



authorized to be collected on unpaid town taxes : pro- 
vided, said town or district at the time of voting to raise 
a tax shall so determine, and shall also fix a time for the 
payment thereof. 

Section 15. The said town or district shall, after its 
purchase of said franchise and corporate property, as \wo- 
vided 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 expira- 
tion of two years, and one until the expiration of one 
year from the next succeeding annual meeting, to consti- 
tute a board of water commissioners ; and at each annual 
meeting thereafter one such commissioner shall be elected 
by ballot fur 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 how- 
ever to such instructionsj rules and regulations as said 
town or district may impose by its vote. '1 he said com- 
missioners shall be the trustees of the sinking fund herein 
provided for and a majority of said commissioners shall 
constitute u quorum for the transaction of business rela- 
tive both to the water works and to the sinking fund. 
Any vacancy occurring in said board from any cause may 
be tilled for the remainder of the unexpired term by said 
town or district at any legal meeting called for the \)\iv- 
pose. Xo money shall be drawn from the town or dis- 
trict treasury on account of said water works exce})t by a 
written order of said commissioners or a majority of them. 
To make annual gi^i(j couimissiouers shall aunuallv make a full report to 
said town or district in writing of their doings and ex- 
penditures. 

Section 16. The said town or district may adopt by- 
laws prescribing by whom and how meetings may be 
called and notified ; but meetings may also be called on 
application of seven or more legal voters in said district, 
by warrant from the selectmen of said town, on such 
notice as may be prescribed therein. The said town or 
district may also provide rules and regulations for the 
management of its w^ater works not inconsistent with this 
act or the laws of the Commonwealth, and may -choose 
such other ofiicers not provided for in this act as it may 
deem proper and necessary. 



reports. 



Calling nnd 
notiticiitlon of 
meetings. 



1887. — Chapter 224. 851 

Section 17. This act shall take efFect upon its passage, work to be 
but shall become void unless work under this act is com- wiuilirtwo 
meuced within two years from the date of its passage. ^'''^"■ 

Approved April 26, 1887. 

An Act to incorporate the manufactlkeks' loan and tuust (Jji(ii) 99J. 

COMPANY. 

Be it enadecl, etc., as foUoios: 

Sectiox 1. John G. Mackintosh, Charles F/. Mackin- Manufacturers 
tosh, Thomas M. Shepherd, their associates and successors, company 
are hereby made a corporation by the name of the Manu- '"<="' p^""^''' ■ 
facturertj' Loan and Trust Company, to be located at 
Holyoke, for the purpose of receiving on deposit, storage 
or otherwise, moneys, government securities, stocks, 
bonds, coin, jewelry, plate, valuable papers and docu- 
ments, evidences of debt, and other property of every 
kind, including deposits of money or property from 
savings i)anks and trust companies, which they are hereby 
authorized to niMke, upon such terms or conditions as may 
be obtained or agreed upon, and of investing moneys so 
received, and at the request of any depositor of collecting 
and disbursing the interest or income upon such of said 
property received on deposit as produces interest or 
income, and of collecting and disbursing the principal of 
such of said property as produces interest or income when 
it becomes due, upon terms to be prescribed i)y the 
corporation, and for the purpose of loaning or advancing 
money or credits on real and personal security on terms 
that may be agreed upon, and all the powers and privileges 
necessary for the execution of these purposes are granted, 
subject nevertheless to all ihe duties, restrictions and 
liabilities set forth in chapter one hundred and five of the 
Pid)lic Statutes and in all the general laws which now are 
or hereafter may be in force in relation to such corpora- 
tions. 

Section 2. Said corporation shall at all times have Reserve to be at 

hi • 1 1" 1 r* ii TT 'i 1 least 15 ler OLTil. 

and, as a reserve, m lawtul money of the United of depuJ^its eub- 

Statcs, or balances, payable on demand, due from any li^awaiTn^ 

national bank doiuof business in this Commonwealth, or in f^tmar.d. 

any other trust company established under the laws of and 

doing business within the Commonwealth, an amount equal 

to at least fifteen per centum of the aggregate amount of 

all its deposits which are subject to withdrawal upon 



deposited. 



852 * 1887. — Chapter 224. 

demand or within ten days ; and whenever said reserve of 
such corporation shall be below said fifteen per centum 
of such deposits, it shall not increase its liabilities by 
making any new loans until the required proportion 
between the aagregate amount of such deposits and its 
Proviso. reserve fund shall be restored : provided, that in lieu of 

lawful money one-third of said fifteen per centum may 
consist of balances, payable on demand, due from any 
national bank doing business in this Commonwealth, or in 
any other trust company established under the laws of 
and doing business within the Commonwealth, and one- 
third of said fifteen per centum may consist of bonds of 
the United States or of this Commonwealth, the absolute 
property of such corporation. 
mo"eT''eic'*^fo SECTION 3. Any court of law or equity, including 
he here' ' courts of probatc and insolvency of this state, may decree 
or otherwise dn-ect any moneys or properties under its 
control, or that may be {)aid into court by parties to any 
legal proceedings, or which may be brought into court by 
reason of any order or judgment in equity or otherwise, 
to be deposited with said corporation, upon such terms 
and subject to such instructions as ma}^ be deemed ex- 
Nottobe pedient : provided, however, that said corporation shall 

execuie a trust uot be rcquircd to assume or execute any trust without 
absent" '"* °^" its owu asscut. Said corporation shall also have power 
to receive and hold moneys or property in trust or on 
deposit from executors, administrators, assignees, guard- 
ians and trustees, upon such terms or conditions as may 
Uive"tment8. ^^® obtained or agreed upon : provided, also, that all such 
moneys or property received under the provisions of this 
section shall be loaned on or invested only in the author- 
ized loans of the United States, or of any of the New 
England states, or of cities or counties or towns thereof, or 
of the states of Illinois, Iowa, Michigan, Minnesota, Wis- 
consin, or of the cities or counties thereof, or in stocks 
of state or national banks organized within this Common- 
wealth, or in the first morto^a£:e bonds of anv railroad 
company incorporated by any of the New England states 
which has earned and paid regular dividends on its stocks 
for two years next precedin": such loan or investment, or 
in the bonds of any such railroad company unencumbered 
by mortgages, or in first mortgages on real estate in this 
Commonwealth, or in any securities in which savings 
banks are allowed to invest, or upon notes with two sure- 



1887. — Chapter 224. 853 

tics of maniifiicturing corporations created under the laws 

of this state, or of individuals with a sufficient pledge as 

collateral of any of the aforesaid securities ; but all real 

estate acquired by foreclosure of mortgages or by levy of 

execution shall be sold at public auction within two years 

after such foreclosure or levy ; provided, also, that all such Special depos. 

money or property received, invested or loaned under accounts. 

this section shall be a special deposit in said corporation, 

and the accounts thereof shall be kept separate, and such 

funds, and the investments or loans of them, shall be 

specially appropriated to the security and payment of 

such deposits and not to be sul)ject to the other liabilities 

of the corporation ; and for the purpose of securing the 

observance of this proviso said corporation shall have a 

trust department into which all business authorized by 

this section shall be kept 'separate and distinct from its 

general business. 

Section 4. Said corporation may also be appointed ^Jl^^'Ja execu- 
executor under any will, or trustee under any will or in- tor or trustee. 
strument creatine; 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 there- 
under, hereafter referred to, 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 
tiled by said corporation. In all proceedings in the pro- 
bate court or elsewhere, connected with any authority 
exercised under this act, all accounts, returns and other 
papers may be signed and sworn to in 1)ehalf of the cor- 
l)oration 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 
corporation, 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 : 
p)-orided, Jioicever, that said corporation shall not be re- 
quired to receive or hold any property or moneys, or to 
execute any trust, contrary to its own desire. 

Section 5. In the management of money and prop- Moneys received 
erty held by it as executor or trustee under the powers goi'irg sectior'to 



854 



1887. — Chapter 224. 



be deposited in 
the general 
trust fund. 



Proviso. 



MoneyB received 
under §§4,5, not 
to l)e mingled 
Willi invest- 
ments ol capital 
stock. 



Limitation of 
llaljilities to 
corporation. 



Returns to be 
made to com- 
missioners of 
savings Ltaiibs 
semi-annually. 



conferred in the foregoing section, said corporation shall 
invest the same in the general trust fund of the company 
referred to in section three of this act : jjrovided^ that 
it shall be competent for the authority making the 
appointment 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 
provided, also, that said corporation shall always be bound 
to follow and be entirely governed by all directions 
contained in any will or instrument under which it may 
act. 

Sectiox 6. No money, propert}^ or securities received 
or held by said company under the provisions of sections 
four and five of this act shall be mingled with the invest- 
ments of the capital stock, or other moneys or property 
belonging to said corporation, t)r be liable for the debts or 
obligations thereof. 

Section 7. The total liabilities to this corporation of 
any person, firm or corporation, other than cities or towns, 
for mone}' borrowed, including in the liabilities of a com- 
pany or firm the liabilities of its several members, shall 
at no time exceed one-fifth part of such amount of the 
capital stock of this corporation as is actually paid up, 
and one-tenth part of its deposits. But the discount of 
bills of exchange drawn in good faith against actually 
existino: values, and the discount of commercial or business 
])aper actually owned b}^ the person negotiating the same, 
shall not be considered as money borrowed. 

Section <s. Said corporation shall semi-annually make 
a return to the commissioners of savings banks in this 
Commonwealth, on or before the second Mondays of May 
and November, which shall be signed and sworn to by a 
majority of its board of directors ; and said returns shall 
specify the following, namely : — Capital stock ; amount of 
all moneys and property in detail in the possession or 
charge of said company as deposits ; amount of deposits 
payable on demand or within ten days ; trust funds or for 
purposes of investment ; number of depositors : invest- 
ments in authorized loans of the United States or any of 
the New England states or cities or counties or towns, 
stating amount in each ; investments in bank stock, stating 
amount in each ; investments in railroad stock, stat- 
ing amount in each ; investments in railroad bonds, stat- 
ing amount in each ; loans on notes of corporations, stating 



1887. — Chapter 224. S55 

nmotint in each; loans on notes of individuals; loans on 
nu)rlgao:es of real estate ; cash on hand ; all as existing 
at the date of making such returns, with the rate, amount 
and date of dividends since last return. The commis- commisMoners 

n • 1 1 1 11 I 1 l^ li of siivl'gB banks 

sioners ot savings banks shall have access to the vaults, to make ixami- 

books and papei's of the company, and it shall be their afll'irs.'"*" 

duty to inspect, examine and inquire into its affairs, and 

to take proceedings in regard to them in the same manner 

and to the same extent as if this corporation was a savings 

liank, subject to all the genei'al laws which are now^ or 

hereafter may be in force relating to such institutions in 

this roo-nrd. Such I'eturns required to be made to the Returns to i.c in 

.*-. /. . 1 iini'ji^ 1} form of a trial 

commissioners or savings banks shall be in the lorm ot a balance of imoks 
trial balance of its books, and shall specify the different t'lL'^'nT"'' 
kinds of its liabilities and the different kinds of its assets, ni^^'-pnp'^'''- 
statins: 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 in the city 
of Holyoke, at the expense of said corporation, at such 
times and in such manner as may be directed ])y said 
commissioners, and in the annual report of said commis- 
sioners. 

Sectiox 9. Said corporation shall be subject to the suhject to pro. 
provisions of chapter thirteen of the Public Statutes, and ^3*°"^° 
any acts now exiisting or which may hereafter be passed 
in amendment or lieu thereof. 

Sectiox 10. Said corporation shall also annually, be- TomakeanTuai 
tween the iji\st and tenth days of May, return to the tax commissioner of 
commissioner a true statement, attested by the oath of 'J^'yTehnn"'' 
some officer of the corporation, of all personal property Ja'^audn"''''' ^" 
held upon. an}' trust on the tirst day of May which would 
be taxal)le if held by an individual trustee residing in this 
Commonwealth, and the name of every city or town in this 
Commonwealth where any beneficiary resided on said day, 
and the aggregate amount of such property then held for 
all beneficiaries lesident in each of such cities or towns, 
and also the iiofarccrate amount held for beneficiaries not 
resident in this Commonwealth, under the pains and pen- 
alties provided in section fifty-four of chapter thirteen of 
the Public Statutes and acts in amendment thereof, for cor- 
porations failing to make returns provided by said act. 
Said corporation i-hall annually pay to the treasurer of the 
Commonwealth a sura to be ascertained by assessment by 
the tax commissioner upon an amount equal to the total 



856 



1887. — Chapter 224. 



Annual return 
to tax coranniB- 
Moner of suras 
deposited on 
interest or for 
investment. 



Payments into 
the treasury. 



Not to be taxed 
in towns where 
beneticiarits 
reside. 



Deposits with- 
drawable on 
demand deemed 
money iu pos- 

Bessiou. 



May net as agent 
for issuing 
bonds, etc. 



value of such property, at the rate ascertained and deter- 
mined by him, under section forty of ch.-ipter thirteen of 
the Public Statutes and acts in amendment thereof. 

Section 11. Said corporation shall also annually, be- 
tween the first and tenth days of May, return to the tax 
commissioner a true statement verified by the oath of 
some officer of the corporation, of the amount of all sums 
deposited with it on interest or for investment, other than 
those specified in the tenth and thirteenth sections of this 
act, together with the name of every city and town in this 
Commonwealth where any beneficial owner resided on said 
first day of May, and the aggregate amount of such de- 
posits then held for the benefit of persons residing in each 
of such cities and towns, under like penalty. Said cor- 
poration shall annually pay to the treasurer of the Com- 
monwealth a sum to be ascertained by assessment by the 
tax commissioner upon an amount equal to the total value 
of such deposits at three-fourths the rate ascertained and 
determined by him under section forty of chapter thirteen 
of the Public Statutes and acts in amendment thereof. 

Sectiox 12. No taxes shall be assessed in any city or 
town for state, county or town purposes, upon or in re- 
spect to any such property held on trust or any such 
amounts deposited on interest or for investment, but such 
proportion of the sum so paid by said corporation as 
corresponds to the amount of such property held for ben- 
eficiaries or payable to persons resident in this Common- 
wealth shall be credited and paid to the several cities nnd 
towns where it appears from the returns or other evidence 
that such beneficiaries resided on the first day of May next 
preceding, according to the aggregate amount so held for 
beneficiaries and persons residing in such cities and towns 
respectively ; and in regard to such sums so to be assessed 
and paid as aforesaid said corporation shall be suliject to 
sections fifty-two, fifty-three, fifty-seven, fifty-eight and 
fifty-nine of chapter thirteen of the Public Statutes and 
acts in amendment or lieu thereof, so far as the same are 
applicable thereto. 

Section 13. Deposits with said corporation, which can 
be withdrawn on demand or within ten days, shall, for 
purposes of taxation, be deemed money in possession of 
the persons to whom the same is payable. 

Section 14. The said corporation is also authorized to 
act as agent for the purpose of issuing, registering or 



1887. — Chapter 224. 857 

coiintersiirnino; the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon, and may also act as trustees or 
financial or other agent for any person or firm, corpo- 
ration, association, municipality, government, state or 
national authority, and in their behalf to negotiate loans 
and to sell and negotiate the sale of securities, notes or 
other evidences of indebtedness, on such terms as may be 
agreed upon, and to' receive and make payments on ac- 
count of the same, and to receive money and invest the 
same, and may also act as trustee for the bondholders of J^^y^'J."*^^^^*''"^- 
corporations, and to this end is empowered to receive holders of 

. r n t ^ i 7 i , corporation8. 

transiers ot real and personal property upon such terms 
as may be agreed upon. 

Sectiox 15. The capital stock of said corporation shall Cap'tai stock. 
be one hundred thousand dollars, with the privilege to 
increase the same from time to time to not exceeding five 
hundred thousand dollars, and the same shall be paid for 
at such time and in such manner as the board of directors 
shall decide : jyrovided, that no business shall be trans- 
acted by the corporation until the whole amount is sub- 
scribed for and actually paid in, and no shares shall be 
issued until the par value of such shares shall have been 
actually paid in in cash. 

Sectiox 16. Said corporation shall be entitled to pur- Real estate in 
chase and hold real estate in the city of Holj^oke suitable ""'y °^ ^°'J"'^<'- 
for the transaction of its business, to an amount not ex- 
ceeding in value twenty-five thousand dollars. 

Section 17. The shareholders of said corporation shall gharlho^dMs. 
be held individually liable, equally and ratably and not 
one for another, for all contracts, debts and engagements 
of such association, to the extent of the amount of their 
stock therein at the par value thereof, in addition to the 
amount invested in such shares. The provisions contained 
in chapter one hundred and six of the Public Statutes, 
sections sixty-two to seventy-one inclusive, shall apply to 
and regulate the enforcement of this liability. 

Section 18. The shares of said corporation shall be shares to be 
assignal)le and transferable according to such rules and ^'j^°«f^'''»^'«' 
regulations as the stockholders shall for that purpose 
ordain and establish, and not otherwise. 

Sp:ction 19. This act shall take effect upon its passage. 

Approved April 26, 1887. 



858 1887. — Chaptees 225, 226, 227. 



Chdp.^i^i^ An Act kequiring annual returns fkoji certain corpora- 
tions. 

Be it enacted, etc., as follows: 

m°IkelDnulV° SECTION 1. EvGiy Corporation chartered by tliis Com- 
returns, etc. monweallli subseqiicntl}'' to the twenty-third day of Feb- 
ruary in the year eighteen hundred and thirty, or organized 
under the general hiws, for the purposes of business or 
profit, having a capital stock divided into shares, except 
banks, co-o])erative banks, savings banks and institutions 
for savings, insurance companies, including the Massachu- 
setts Ilo.^pital Life Insurance Company, steam and street 
railway companies, safe deposit and trust companies and 
tlie Collateral Loan Company, shall be subject to the 
provisions of sections tifty-four, iifty-live, fifty-nine, 
eighty-one, eighty-two and eighty-four of chapter one 
hundred and six of the Public Statutes, and shall annually 
make and tile the certificates and returns therein re- 
quired. 

tiECTiON 2. This act shall take effect on the first day 
of July next. Approved April 26, 1887. 

CJlCtp.22G An Act relating to tue overlay of taxes. 

Be it enacted, etc., as follows: 

p.T.'n?'§49-*° Section 1. Section forty-nine of chapter eleven of 
the Public Statutes is amended so that it shall read 
as follows : — /Section 49 They may, for the purpose 
of avoidins: fractional divisions of the amount to be assessed 
in the apportionment thereof, add to that amount a sum 
not exceeding five per cent, thereof. And this overlay 
is authorized notwithstandino- the limit of taxation now 
provided by law may, by such overlay, be exceeded. 
Section 2. Th'is act shall take effect upon its passage. 

Approved April 26, 1887. 

(7/iCf79.227 An Act to ESTAuursn the salary of the clerk of the district 

COURT OF southern BERKSHIRE. 

Be it enacted, etc., asfoVoics: 

fiS''*^''" Section 1. The salary of the clerk of the district 

court of southern Berkshire shall be five hundred dol- 
lars per annum. 

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

Approved A^iril 26, 1887. 



1887. — Chapters 228, 220, 230. 850 



An Act exempting corporations mtiose franchise is subject QJia}j.2'2S 

TO TAXATION FROM TAXATION OF TIIEIU SHAKES. 

Be it enacted, etc., as follows: 

Section 1. Chapter eleven of the Public Statutes is shares ex- 
hereby amended in the fourth section by adding- thereto co'lpo'rltion 
the following words: — and this proviso shall apply to ^jj'^^^'^'^^jg'^^^ °" 
corporations mentioned in the forty-sixth section of said 
chapter thirteen, — so that the list clause of said section 
four shall be as follows : — provided, that no taxes shall 
be assessed in any city or town for state, county or town 
.purposes upon the shares in the capital stock of any cor- 
poration organized or chartered in the Commonwealth 
paying a tax on its corporate franchises under the provi- 
sions ot chapter thirteen for any year in which it pays 
such tax, but such shares shall be taxable to the owners 
thereof for school district and parish purposes, and this 
proviso shall apply to corporations mentioned in the forty- 
sixth section of said chapter thirteen. 

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

Approved April 26, 1887. 

An Act to repeal cuapter tuuee hundred and forty-six of f^Jfffi^ Q'^Q 

THE acts of the year EIGHTEEN HUNDRED AND EIGHTV-FIVE, 
BEING AN ACT TO AMEND THE CHARTER OF THE CITY OF LAW- 
RENCE. 

Be it enacted, etc., as follows : 

Section 1. Chapter three hundred and forty-six of charter 
the acts of the year eighteen hundred and eighty-five 
entitled an act to amend the charter of the city of Law- 
rence is hereby repealed. 

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

Approved April 26, 1887. 

An Act to authorize buciianan burr to build a causeway, or ni^f,^-. 9Qn 

BRIDGE, OVER POCASSET RIVER IN THE TOWN OF BOURNE. ^ '" 

Be it enacted, etc., as follows: 

Section 1. Buchanan Burr may build and maintain Bridge, etc., 
a causeway, or bridge, from a point on the south side of Hv"r",r """""'' 
Bennett's neck, so called, in the town of Bourne, across ^°"''°^- 
the stream called Pocassct river to the opposite bank of 
said stream, fov a roadway and to connect his lands in said 
town of Bourne ; subject to the provisions of chapter nine- 



860 1887. — Chapters 231, 232, 233. 

teen of the Public Statutes and of any other laws which 
now are or hereafter may be in force applicable thereto. 
Said causeway, or bridge, may be built with or without 
draws as may be determined by the board of harbor and 
land commissioners. 

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

Apjyroved April 27, 1887. 

Chap. 231. ^^ ^^"^ '"^ REFERENCE TO THE OFFICE OF FIRE MAUSHAL OF THE 

CITY OF BOSTON. 

Be it enac'ed, etc., asfolloios: 

^\xyX\io^,m. Section 1. Section six of chapter three hundred and. 
Amendmenuo fifty-four of the acts of thc year eio:hteen hundred and 

1886,304, §6. . •[ . . ■^ ? r u 

eighty-six IS amended so as to read as lollows : — !bec- 
tion 6. On the first of May of each year, on the pres- 
entation of proper vouchers and accounts, the treasurer 
of the Commonwealth shall pay to the treasurer of the 
city of Boston the salary of the said tire marshal, and the 
expenses incurred during the preceding calendar year in 
prosecuting his investigations in the manner above men- 
tioned : but the total amount of such salary and expenses 
which such fire marshal may incur shall not exceed 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 cal- 
endar year. 

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

Approved April 27, 1887. 

ChCip.232 ^N Act TO ESTABLISH THE SALARY OF THE INSPECTOR AND ASSAYER 

OF LIQUORS. 

Be it enacted, etc., as follows: 

filhll.^^^^^' Section 1. The inspector and assayer of liquors shall 

receive a salary of twelve hundred dollars a year, and at 
the same rate for any part of a year. 

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

Approved April 27, 1887. 

Ck(ip.233 ^^ ^^^ '''^ CONFIRM THE PROCEEDINGS OF THE LAST ANNUAL 

TOWN MEETING OF THE TOWN OF BILLERICA. 

Be it enacted, etc., as follows: 

Town'Sng* Section 1. The proceedings of the annual town meet- 
conflimed. jijg of thc towu of Billcrica held on the twenty-first day 



1887. — Chapter 234. 8G1 

t 

of March in the year eighteen hundred and eighty-seven 
shall not he invalid by reason of failure to notify and 
hold said meeting in accordance with the by-laws of said 
town, or of irregularities in the proceedings thereat; and 
the election of town officers at said meeting is ratified and 
confirmed. 

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

Appro ced April 27, 1887. 



C7ia2^.2S4: 



An Act to provide for the appointment of police matrons 
ix cities, and for the establishment of a house of deten- 
tion for women in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. In every city of the Commonwealth hav- PoUce matrons 
ing a population of over thirty thousand inhabitants as 1° dUes of over 
shown by the last state or national census, except the city llJhabitant"!""'^ 
of Boston, the mayor shall within one month after the 
passage of this act designate one or more police stations 
as the station or stations for the detention and confine- 
ment of all women under arrest within such city ; and in 
any other city of the Commonwealth, except the cit}^ of 
Boston, the mayor may, and in the city of Boston the 
board of police may, so designate at any time one or 
more police stations. Such mayor or board of police 
may at any time so designate any additional station or 
stations, or may declare any station or stations to be no 
longer so designated, provided that at least one such 
station shall always remain so designated, except in the 
city of Boston. The board of police in the city of Bos- 
ton, and the mayor in any other city, shall have the sole 
power to appoint, and shall appoint as soon as may be 
after any station has been designated as above provided, 
either one or two police matrons to be attached to such 
station. 

Section 2. No woman shall be appointed a police Toberecom- 
matron unless suitable for the position, and recommended apirolmmentby 
therefor in writing by at least ten women of good stand- rta{rdiD'"*°°** 
ing, residents of the city in which the appointment is 
made. Police matrons shall be appointed to hold office 
until removal, and they may be removed at any time by 
the authority appointing them by written order stating 
the cause of removal. Upon the death, resignation or 
removal of a police matron her successor shall be ap- 
pointed as soon as may be. A police matron shall receive 



862 1887. — Chapter 234. 

a reasonable salary or pay, which shall be fixed, except 
in the city of Boston, by the city council of the city in 
which she is appointed ; in the city of Boston the salary 
of a police matron shall be fixed by the concurrent action 
of the city council and of the board of police, and paid 
by the city treasurer upon the requisition of said board. 
AVhere only one police matron is att iched to a station she 
shall reside within a reasonable distance of such station, 
and shall hold herself in readiness to respond to any call 
therefrom at any hour of the day or night. AVhere two 
police matrons are attached to a station the respective 
hours during which they shall respond to calls therefrom 
shall be so fixed by the authority appointing them that one 
or the other of them shall be ready to respond at all hours 
of the day and night; and each such matron shall, during 
the hours so fixed for her, lemain within a reasonable 
distance of such station, and hold herself in readiness to 
respond to any call therefrom. So long as any woman is 
detained or held under arrest in a police station to which 
a matron or matrons is or are attached, it shall be the 
duty of such matron, or one of such matrons, to remain 
Matrons to have constantly thcrcat ready for service. A police matron 
w!,mriM,e1i' shall have the entire care and charge of all women held 
uMdei arrest, under arrcst in the station to which she is attached, and 
she may at any time call upon the otficer in command of 
such station for assistance ; she shall be subject to the 
authority at the head of the police department of the city 
in which she serves, and to the rules and regulations, not 
inconsistent with this act, prescribed by such authority 
but she shall not be subject to the control or direction of 
any police officer attached to a station excepting the officer 
in command thereof at the time. In every station to which 
a police matron is attached it shall be the duty of the 
authority appointing her to provide, at the expense of the 
city, sufficient and proper accommodation for women held 
under arrest. 

nousp of (irtcn. Sectiox 3. In the city of Boston the board of police 

uoat..nto'V" shall establish within three months after the passage of. 

uu^bo'aral)?^ this act, and shall maintain, a house of detention for the 

police. reception and confinement of women under arrest ; and 

for that purpose said board shall have the authority to 

hire, lease, alter and arrange a building or buildings, 

and to fit up the same in a suitable manner. Reasonable 

salaries for the officers and assistants of such house of 



1887. — Chapter 23i. 8G3 

detention hereinafter provided for shall be fixed by con- 
current action of the city council and of said board of 
police, and such salaries, together with all expenses in- 
curred for the establishment of such house of detention, 
for the maintenance of the same, and for the transporta- • 
tion of prisoners thereto and therefrom, shall be paid by 
the city treasurer of said city of Boston upon the requisi- 
tion of said board. Said board of police may prescribe 
all needful rules and regulations, not inconsistent with 
this act, for the government of such house of detention. 
The oflBcers of such house of detention shall consist of a Matron, as- 
chief matron, an assistant chief matron, and as many as- rmUemTi'ie'^"" 
sistant matrons and other male or female assistants as said assistame. 
board of police may deem necessary for the proper man- 
agement of the same. The chief matron and assistant 
chief matron shall be appointed by the board of police, 
but no woman shall be so appointed unless suitable for 
the position and recommended therefor in writing by at 
least twenty-five women of good standing, residents of 
the city of Boston ; they shall be appointed to hold office 
until removal, and they may be removed at any time by 
said board by w^ritten order stating the cause of removal. 
The assistant matrons and other assistants shall be ap- 
pointed, and may be suspended, by the chief matron, 
subject to the approval of said board of police. Either 
the chief matron or the assistant chief matron shall be on 
duty at all hours of the day and night. A police officer 
who takes a woman to such house of detention shall 
render such assistance in placing her under confinement 
as the chief matron or assistant chief matron may require, 
and the chief matron or assistant chief matron may at any 
time send to the nearest police station for such police 
assistance as she may require. 

Section 4. Whenever a woman is arrested and taken Matron to be 
to a police station to which a matron is attached, it shall poHc"eTtat1on 
be the duty of the police officer in command of such i^^arreatld™*" 
station to cause such matron to be summoned forthwith, 
if she is not then present ; and whenever in any city in 
which a police matron has been appointed, or in the city 
of Boston, a woman is arrested and taken to a station to 
which no matron is attached, it shall be the duty of such 
officer to cause such woman to be removed as soon as 
possible to the nearest station to which a matron is at- 
tached, or in the city of Boston to the house of detention 



861 1887. — Chapters 235, 236. 

above provided for, and the city treasurer of the city shall 
pay the reasonable expense of such removal, upon the 
requisition of the authority at the head of the police de- 
partment of the city. In the city of Boston the board of 
police shall make regulations prescribing the police divi- 
sions from which all women arrested shall be taken or 
sent directly to said house of detention, without confine- 
ment in a police station, and the disposition that shall be 
made, in compliance with the provisions of this act, of 
women arrested in the other police divisions to whose 
stations no matron is attached. No such removal of a 
woman shall operate to take from any court any jurisdic- 
tion which it would otherwise have had. 
t'ion/'-muon '• ISection 5. The expression "police station" or 
""dj'womau" " statlou " iu this act shall include any place where 
persons are temporarily confined under arrest ; the 
expression "woman" shall include any person of the 
female sex. 

Section 6. This act shall take eflfect upon its passage. 

Approved April 27, 1887. 



Chap 



235 -^^ ^^^ "^^ RATIFY AND CONFIRM THE PROCEEDINGS OF THE TOWN 
MEETING OF STOUGIITON IN THE COUNTY OF NORFOLK, HELD IN 
THE YEAR EIGHTEEN HUNDRED AND EIGHTY-SEVEN. 

Be it enacted, etc., as follows: 
Proceedinss at ^he towu meeting for the election of town oflScers and 

town meeting <^ -, . , 

confirmed. othcr mattcFs relating: to the town of Stousfhton in the 
county of Norfolk held in the month of March in the 
year eighteen hundred and eighty-seven shall be valid 
and effectual notwithstanding any defects in the warrant 
calling said meeting or the failure to use a check list at 
said meeting or any irregularities in the proceedings 
thereat ; and the election of town officers at said meeting 
and the action taken thereat and the proceedings had 
upon any and all articles set forth in the warrant under 
which said meeting was held are hereby ratified and 
confirmed. Api^roved April 27, 1887. 

CkCCV 236 "^^ "^^^ PROVIDING FOR THE APPOINTMENT OF ASSISTANT ASSESSORS 

OF TAXES IN THE CITY OF WORCESTER. 

Be it enacted, etc., as folloios: 
Assistant asses- SECTION 1. The mayor of the city of Worcester shall 

sorstobeap- n • i.i -i r- a -i • . 

pointed. annually, in the month oi April, appoint one person m 



1887. — Chapter 237. 8(j5 

each ward of said city, who shall be a resident therein, 
to be an assistant assessor, and such other persons at 
large to be assistant assessors as the city council from time 
to time may by ordinance determine. Such assistant as- 
sessors, on being confirmed by the board of aldermen of 
said city and having been sworn to the faithful perform- 
ance of their duties, shall be qualified to perform all the 
duties of assistant assessors. 

Section 2. Section twenty-fiive of the acts of the Repeal. 
year eighteen hundred and sixty-six and all other acts 
and parts of acts inconsistent with this act are hereby 
repealed. 

Section 3. This act shall take effect upon its passage, Present officers 
but the persons elected assistant assessors under existins: 
laws shall continue in office until the appointment and 'i"*'"*'''*- 
qualification of such officers under this act. 

Approved April 27, 1887. 



to remain until 
successors are 



Chap.2^1 



An Act to provide for the transfer and tre management 
of cedar grove cemetery in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Thomas F. Temple, Herbert S. Carruth, 'I^cIaTqu'^"! 
Albe C. Clark, J. Frank Howland and William Pope, ^^^t'^"^^ ""'"'^' 
proprietors of lots in Cedar Grove Cemetery, their 
associates and successors, are hereby made a corporation 
by the name of The Proprietors of Cedar Grove Ceme- 
tery ; with all the powers and privileges, and subject to 
all the duties, liabilities and restrictions which now are or 
may hereafter be in force relating to such corporations, 
except as is hereinafter provided. 

Section 2. Said corporation may purchase, acquire, Real and per- 
receive and hold real estate in that part of the city of *''""' *"'"''• 
Boston which was formerly Dorchester, to the extent of 
sixty acres ; and said corporation may also hold personal 
estate to an amount not exceeding one hundred thousand 
dollars. 

Section 3. All persons now owning lots in said t^'^"conie'^ '"'^ 
cemetery or who shall hereafter become proprietors of lots members of 
therein, shall be and become members of said corporation. 

Section 4. The officers of said corporation shall con- commissioners 
sist of seven trustees, a treasurer and a secretary, and ^^^^'^ ^•■"«'«'^''' 
such other officers as they may direct. The same person 
may hold the offices of secretary and treasurer. The 
secretary shall be clerk of the board of trustees. The 



866 



1887. — Chapter 237. 



Vacancies. 



Treasurer to 
give bonds. 



City of Boston 
to oor.vey to 
corporation all 
property, 
rights, etc. 



five persons now commissioners of Cedar Grove Cemetery 
under the provisions of an act passed in the year one 
thousand eight hundred and sixty-eight, entitled " An 
act rehiting to a public cemetery in the town of Dorches- 
ter," and the acts in addition thereto, shall respectively 
be and remain trustees under this act until three years 
after the expiration of their respective terms of service 
under the aforesaid acts ; and at the tirst annual meeting 
of said corporation two additional trustees of said corpo- 
ration shall be chosen, one of whom shall hold his office 
for one year, and the other shall hold his office for two 
years from the time of such election. All vacancies in 
said board of trustees shall be filled by elections by ballot. 
At the annual meeting in the year eighteen hundred and 
eighty-eight, one trustee shall be chosen, who shall hold 
his office for the term of seven years. At every annual 
meeting thereafter one trustee shall be chosen to hold his 
office for the term of seven years after his election. And 
the said trustees shall have the general management, care 
and superintendence of the property, expenditures, busi- 
ness and prudential affairs of said corporation, and of the 
sales of lots in said cemeterjs and shall make a report of 
their doings to the corporation at its annual meeting. 
The treasurer shall give euch bonds as the trustees may 
direct. In case of a vacancy in said board of trustees by 
death, resignation, removal or otherwise, such vacancy 
shall be filled by the choice of another trustee, who shall 
hold his office for the residue of the term for which such 
member, so deceased, resigned or removed, would have 
held the same. And such election may be made at any 
annual or special meeting of said corporation. Said 
trustees shall not receive any compensation for their ser- 
vices as such trustees. 

Sectiox 5. The city of Boston is hereby authorized 
and required to transfer and convey, immediately upon 
the organization of this corporation, to said corporation 
all the right, title and interest which it has in the lands 
which have been purchased or set apart for said cemetery, 
and in and to all other estate, property, rights and things 
purchased or otherwise obtained, acquired and accrued to 
said cemeterj" and within the territory aforesaid, which 
said cit}' now has or is entitled to have, and in and to any 
and all moneys standing to the credit of said cemetery 
upon the books of the city of Boston, and all other rights, 



1887. — Chapter 237. 8G7 

interests, moneys and trust funds relating to said ceme- 
tery. And said corporation shall hold the said property, 
estate and rights for the same uses and purposes, and 
charged with the same duties and liabilities for and sub- 
ject to which the same are now held by the city of Boston ; 
and all rights which any persons have acquired in snid 
cemetery shall remain valid to the same extent as if this 
act had not been passed. 

Section 6. The annual meetings of said corporation Annual meet 
shall be held on the fourth Monday of April in each year, '"^*" 
at such place in the city of Boston as the trustees shall 
direct, and notices thereof, signed by the secretary, shall 
be published in one or more of the newspapers printed in 
Boston at least seven days before the meeting ; special 
meetings may be called by order of the trustees in the 
same manner. At all meetings of said corporation a 
quorum for business shall consist of not less than nine 
persons, and any business may be transacted of which 
notice shall be given in the advertisements for the meet- 
ing, and all questions shall be decided bj'^ a majority of 
the members present and represented, and voting either 
in person or by proxy. 

Section 7. As soon as said city of Boston shall have upon convey. 

dii iir"f>*T i aiice made, cor- 

e the conveyance and transfer or sa'd property as p„iation to^uc 

aforesaid, said corporation shall succeed to all the rights, HghtB^Jic. 
powers and privileges, and be subject to all the duties, 
obligations and liabilities in respect to the same, which 
said city of Boston bad or was liable to before such con- 
veyance, and the trustees herein provided for, shall have 
all the rights, powers, authorities, trusts, immunities and 
privileges which the said commissioners under the said 
act, entitled " An act relating to a public cemetery in the 
town of Dorchester" and the acts in addition thereto had, 
and after such conveyance the last named commissioners 
shall cease to have any power or authority under the said 
act, but shall have and hold their power and authority 
under this act. And said trustees shall have the authority 
to grant and convey to any person or persons by deeds 
duly executed the sole and exclusive rights of burial and 
of erecting tombs, cenotaphs and other monuments in any 
of the designated lots or subdivisions of said cemetery, 
upon such terms and conditions as they by their rules and 
regulations shall from time to time prescribe ; and said ^X' nHe« 
trustees may from time to time make such rules and reg- regulations. 



8GS 



1887. — Chapter 237. 



Trustees may 
take and hold 
donation, etc., 
of property in 
trust. 



Invest nent of 
funds. 



Illations in regaid to the mode and manner in which the 
proprietors shall exercise the rights granted to them in 
their respective lots or subdivisions of land in said ceme- 
tery as to them shall seem fit, the same not being incon- 
sistent with this act or the laws of this Commonwealth 
relating to such cemeteries, and such regulations shall be 
binding upon all proprietors in the same. 

Section 8. Said board of trustees are hereby author- 
ized to take and hold any grant, donation or bequest of 
property upon trust, to apply the same or the income 
thereof for the improvement or embellishment of said 
cemetery or for the erection, repair, preservation or 
renewal of any monument, fence or other erection, or for 
the planting and cultivation of trees, shrubs or plants in 
or around any lot, or for improving said premises in any 
other manner or form consistent with the purposes for 
which said cemetery is established according to the terms 
of such grant, donation or bequest ; and whenever any 
such grant, donation or bequest, or any deposit of any 
money shall be made by the proprietor of any lot in said 
cemetery, for the annual repair, preservation or embellish- 
ment of such lot and the erections thereon, the said 
trustees may give to such proprietor or his representative 
an agreement or obligation in such form and upon such 
conditions as they may establish, binding themselves and 
their successors to preserve and keep in repair said lot 
forever, or for any such period as may be agreed upon. 
And any sums of money so received by said trustees shall 
be, and any other funds in their hands may be by them 
invested in savings banks, and in any securities in which 
savings banks are authorized to invest. And unless other 
provision is made by the terms of any such grant, 
donation or bequest, all such sums and property shall l^e 
under the direction of said board of trustees, and the 
income of such fund or funds shall be appropriated by said 
l)oard of trustees in such manner as shall in their opinion 
best promote the purposes for which said grants, donations, 
bequests or deposits are made ; but said board of trustees 
shall not be liable to make any renewal or reconstruction 
of any monument or other erection on any lot in said 
cemetery, unless such liability shall be expressed in the 
agreement given by them as aforesaid, or in the terms 
and conditions under which they accept any grant, dona- 
tion or bequest. 



1887. — Chapter 237. 869 

Section 9. All personal property now belonging to Proceeds of 
said cemetery, and the proceeds of all sales of lots in lands appfi'ed to im- ^ 
now held or hereafter to be acquired by said cemetery, proie ™ion oT'^ 
shall be forever devoted and applied to the preservation, cemetery. 
improvement, embellishment, protection and enlargement 
of said cemetery, and the incidental expenses thereof, and 
to no other purpose. 

Section 10. This act shall take effect upon its pas- To take fuii 
sage so far as to autiiorize the commissioners to call the Lc'eptance. 
meeting hereafter mentioned, and for the proprietors to 
act upon the acceptance of the same ; and it shall take 
full effect whenever the proprietors of lots in said cemetery 
shall, within sixty days after the passage of this act, accept 
the same at a meeting of such proprietors to be held at 
such time and place as shall be designated by the commis- 
sioners of Cedar Grove Cemetery, who shall be in office 
at the time of the passage of this act. Said meeting shall 
be called by the said commissioners, to be held at some 
suitable place within the city of Boston, by publishing 
notices of the time, place and purpose thereof, once in 
each of two successive weeks in two or more newspapers 
published in said city, the last of which publications shall 
be at least seven days before said meeting. 

Section 11. If this act shall be accepted at the Ar.nuai meet- 
meeting of said proprietors mentioned in the preceding ^' 
section, b}' the voles of the majority of said proprietors 
present or represented at said meeting, voting in person 
or by proxy, the meeting for the organization of said 
corporation, and the annual meeting of said corporation 
for the present year, shall be held at the same place and 
on the same day with the said meeting mentioned in the 
preceding section, and immediately after the acceptance 
of this act, and such notice of the said meeting for organ- 
izing said corporation, and of said annual meeting shall be 
given by said commissioners as they shall deem expedient ; 
and the trustees elected at such annual meeting shall hold 
their offices, one for one year and one for two years 
from the first Monday of May of the present year, 

Apx>roved May 2, 1887. 



870 1887. — Chapters 238, 239, 2U). 



(JJiap.23S ^^ -^^"^ '^^ AUTHORIZE THE HOOSAC TUNNEL AND WILMINGTON 
RAILROAD COMPANY TO PURCHASE, LEASE AND OPERATE ANY 
CONNECTING RAILROAD IN VERMONT. 

Be it enacted, etc., asfoWnos: 
MYPurrhase Sectiox 1. The Hoosjic Tunnel and Wilmington 
conn.. :ti-ie rail- Railrojicl Company is hercl)y authorized to purchatse or 
mont. lease and thereafter to hold, maintain and operate in con- 

nection with its railroad any railroad line, with its fran- 
chise and property, in Vermont, connected with said 
company's raih'oad, upon such terms and conditions as 
may be agreed upon between the directors of said com- 
pany and the owners of said railroad line in Vermont and 
ratified by the stockholders of said company at a meeting 
duly called for that purpose. 

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

Approved May 2, 1887. 

ChClD.239 -^N ^^"^ '^^ CHANGE THE NAME OF THE TEMPORARY ASYLUM FOR 

THE CHRONIC INSANE AT WORCESTER. 

Be it enacted, etc., as follows: 
Name changed. SECTION 1. The uamc of the Temporary Asyluiii for 
the Chronic Insane at Worcester, an institution estab- 
li;ihed under the laws of the Commonwealth, is changed 
to Worcester Insane Asylum. 

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

Approved May 2, 1887. 

C/lClj).2iO ^N ^^"^ "^O INCORPORATE THE KNHGHTS OF LABOR CO-OPERATIVE 

BUILDING ASSOCIATION OF CAMBRIDGE. 

Be it enacted, etc , as follows: 

L7iorCo°opera. Section 1. William B. Pattison, William H. Edging- 
tive Buiiriii.g tou, William J. Campbell, William H. Hannaford, Wil- 
Cimbiidtte in- ham F. Morrill, Jeremiah G. Quinn, their associates and 
successors, are hereby made a corporation for the term of 
thirty years from the date of the passage of this act, 
by the name of the Knights of Labor Co-operative 
Building Association of Cambridge, for the purpose of 
purchasing, selling, leasing and improving real estate in 
the city of Cambridge to an amount not exceeding in 
value twenty-five thousand dollars, and performing such 
other legal acts as may be necessary in accomplishing said 
objects ; with all the powers and privileges and subject to 



corporatetl. 



1887. — Chapter 241. 871 

all the duties, liabilities and conditions set forth in all 
general laws which now are or hereafter may be in 
force applicable to such corporations. 

Section 2. The capital stock of said corporation cnpiiai ptock 
shall not exceed twenty-five thousand dollars, and shall P^ ^''^'''''*- 
be divided into shares of five dollars each : provided, that 
said corporation shall not transact any business until at 
least three thousand dollars shall have been paid in ; 
and provided, that no stock shall be issued until the 
whole amount of said capital stock shall have been paid in, 
either in cash or property ; the value of which property, 
if any, shall be determined by the commissioner of cor- 
porations. 

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

Approved May 2, 1887. 



An Act to incorporate the Suffolk trust and investment (JJinnj 241 

COMPANY. 

Be it enacted, etc., as follows : 

Section 1. W. T. Clark, Charles W. Whitcomb, ^.'^rilfj.rent 
Cyrus Bullock of Boston, S. C. Harvey of Cam- Compjuiy incor- 
bridge and W. H. White of Brookline, their asso- 
ciates and successors, are hereby made a corporation 
by the name of the Suffolk Trust and Investment Com- 
pany, to be located at Boston, for the purpose of receiv- 
ing on deposit, storage or otherwise, moneys, government 
securities, stocks, bonds, coin, jewelry, plate, valuable 
papers and documents, evidences of debt, and other 
property of every kind, upon such terms or conditions 
as may be obtained or agreed upon, and of investing 
moneys so received, and at the request of any depositor 
of collecting and disbursing the interest or income upon 
.such of said property received on deposit as produces 
interest or income, and of collecting and disbursing the 
principal of such of said property as produces interest or 
income when it becomes due, upon terras to be prescribed 
by the corporation, and for the purpose of advancing money 
or credits on real and personal security, on terms that may 
be agreed upon ; and all the powers and privileges nec- 
essary for the execution of this purpose are granted, 
subject, nevertheless, to the duties and restrictions and 
liabilities set forth in chapter one hundred and five of 
the Public Statutes and in all the general laws which now 



872 



1887. — Chapter 241. 



Reserve to be 
on hand equal 
t<> fiftepnper 
cent, of deposits, 
withdrawable 
on ae0iand. 



Courts may 
order moneys 
t>> be deposited 
with corpora- 
tion. 



Corporation 
may hold 
moneys, etc., 
in trust. 



Loans and in- 
veelments. 



are or hereafter may be in force in relation to such cor- 
porations. 

Section 2. Such corporation shall at all times have 
on hand, as a reserve, in lawful money of the United 
States, an amount equal to at least fifteen per centum 
of the aggregate amount of all its deposits which are 
subject to withdrawal upon demand or within ten days ; 
and whenever said reserve of such corpf)ration shall be 
below said per centum of such deposits, it shall not 
increase its liabilities by making any new loans until the 
required proportion between the aggregate amount of 
such deposits and its reserve fund shall be restored : 
provided, that in lieu of lawful money one-third of said 
fifteen per centum may consist of balances, payable on 
demand, due from any national bank doing business in 
this Commonwealth, or from any other trust company 
established under the laws of and doinoj business within 
this Commonwealth, and one-third of said fifteen per 
centum may consist of bonds of the United States or of 
this Commonwealth, the absolute property of such corpo- 
ration. 

Section 3. Any court of law or of equity, including 
courts of probate and insolvency of this Commonwealth, 
may by decree or otherwise direct any moneys or prop- 
erties under its control, or that may be paid into court by 
parties to any legal proceedings, or which may be 
brought into court by reason of any order or judgment in 
equity or otherwise, to be deposited with said corpora- 
tion, upon such terms and subject to such instructions as 
may be deemed expedient : provided, however, that said 
corporation shall not be required to assume or execute 
any trust without its own assent. Said corporation shall 
also have power to receive and hold moneys or property 
in trust or on deposit from executors, administrators, 
assignees, guardians and trustees, upon such terms or 
conditions as ma}^ be obtained or agreed upon : provided, 
aho, that all such moneys or property received under the 
provisions of this section shall be loaned on or invested 
only in the authorized loans of the United States, or 
of any of the New England states, or cities or counties 
or towns thereof, or of the states of Illinois, Iowa, Ne- 
braska, Kansas, Minnesota and Missouri, or the cities 
thereof, or stocks of state or national banks organized 
within this Commonwealth, or in the bonds of any rail- 



1887. — Chapter 241. 873 

road company which has earned and paid regular divi- 
dends on its stock for five years next preceding such 
loan or investment, or in first mortgages on real estate 
not exceeding in amount one-half the fair value thereof, 
to be certified by two or more of the finance commit- 
tee, or in any securities in which savings banks are 
allowed to invest, or upon notes, wnth two sureties, of 
manufacturing corporations created under the laws of 
this Commonwealth, or of individuals with a sufficient 
pledge as collateral of any of the aforesaid securities ; 
but all real estate acquired by foreclosure of mortgages iieai estate 
or by levy of execution shall be sold within five years foredosure^'or 
after such foreclosure or levy : provided^ also, that all l^uhi'nflve*"'*^ 
such money or property received, invested or loaned y«'"'«- 
under this section shall be a special deposit in said cor- 
poration, and the accounts thereof shall be kept separate, 
and such funds, and the investment or loans of them, 
shall be specially appropriated to the security and pay- 
ment of such deposits and not to be subject to the other 
liabilities of the corporation ; and for the purpose of t^ugi^depa/t- 
securine: the observance of this ])roviso, said corporation mem to be kept 

1111 1 • 1 • 1 11 1 • separate from 

shall have a trust department into which all business general busi- 
authorized by this section shall be kept separate and dis- 
tinct from its general business. 

Section 4. ISaid corporation may also be appointed pjlilted tfjatpe 
trustee under any wMll or instrument creating a tiust for ""j.^JtrumJ^t" 
the care and management of property under the same creating a trust. 
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 stock- 
holders existing thereunder, hereafter referred to, 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, con- 
nected 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 otticer thereof 
duly authorized by it, and the answers and examinations, 
under oath, of such ofiicer shall be received as the • 
answers and examinations of the corporation, and the 
court may order and compel any and all oflScers of said 
corporation to answer and attend said examinations in 



874 



1887. — Chaptee 241. 



Not to be re- 
quired to 
receive prop- 
erty against its 
owu desire. 



Property held 
under foregoing 
section to be 
invested in the 
general trust 
fund. 



Provisos. 



Moneys held 
under sections 
four and live 
not to be 
mingled with 
capital stock 
investments. 



Limitation of 
liabilities to 
corporation. 



To make semi- 
annual return 
to commis- 
sioners of sav- 
ings banks. 



the same manner as if they were parties to the proceed- 
ings 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 it;3 own desire. 

Section 5. In the management of money and prop- 
erty 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 referred to 
in section three of this act : provided, that it shall be 
competent for the authority making the appointment 
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 provid^^d, 
aho, that said corporation shall always be bound to follow 
and be entirely governed by all directions contained in 
any will or instrument under which it may act. 

Sectio.v 6. No money, property or securities re- 
ceived or held by said company under the provisions of 
sections four and five of this act shall be mingled with 
the investments of the capital stock or other moneys or 
property belonging to said corporation, or be liable for 
the debts or obligations thereof. 

Section 7. The total liabilities to this corporation of 
any person, firm or corporation, other than cities and 
towns, for money borrowed, including in the liabilities 
of a company or firm the liabilities of its several mem- 
bers, shall at no time exceed one-fifth part of such amount 
of the capital stock of this corporation as is actually 
paid up, and one-tenth part of its deposit.-'. But the 
discount of bills of exchano^e drawn in good faith ao^ainst 

o o o 

actually existing values, and the discount of commercial 
or business paper actually owned by the person negotiat- 
ing the same, shall not be considered as money borrowed. 

Section 8. Said corporation shall semi-annually make 
a return to the commissioners of savings banks in this 
Commonwealth, on or before the second Mondays of May 
and November, which shall be signed and sworn to by a 
majority of its board of directors ; and said returns shall 
specify the following, namely : Capital stock ; amount of 
all moneys and property in detail in possessii)n or charge 
of said company as deposits ; amount of deposits payable 
on demand or within ten days ; trust funds or for pur- 
poses of investment ; number of depositors ; investments 



1887. — Chapteti 241. 875 

in authorized loans of the United States or any of the 
New Eno-land states or cities or counties or towns, stat- 
ing amount in each ; investments in bank stock, stating 
amount in each ; investments in railroad stock, stating 
amount in each ; investments in railroad bonds, stat- 
ing amount in each ; loans on notes of corporations ; loans 
on notes of individuals ; loans on mortgages of real estate ; 
cash on hand ; all as existing at the date of making 
such returns, with the rate, amount and date of divi- 
dends since last return. The commissioners of savings 
banks shall have access to the vaults, books and 
papers of the company, and it shall be their duty to 
inspect, examine and inquire into its affairs, and to take 
proceedings in regard to them in the same manner and 
to the same extent as if this corporation was a savings 
l)ank, subject to all the general laws which are now or 
hereafter may be in force relating to such institutions in 
this regard. Such returns required to be made to the Returns to be in 
commissioners of savings banks shall be in the form of a bXrice o/"'*' 
trial balance of its books, and shall specify the different *^°°^*- 
kinds of its liabilities and the different 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 Boston at the expense of said corporation, at 
such times and in such manner as may be directed by 
said commissioners, and in the annual report of said com- 
missioners. 

Section 9. Said corporation shall be subject to the Subject to pro. 
provisions of chapter thirteen of the Public Statutes, ira°'da°min'cu' 
and any acts now existing, or which may hereafter be ™«"'8- 
passed, in amendment or lieu thereof. 

Sectiox 10. Said corporation shall also annually, To mnke annual 
between the first and tenth days of May, return to the commie°ioner"* 
tax commissioner a true statement, attested by the oath hlid'^uftrist. 
of some officer of the corporation, of all personal prop- 
erty held upon any trust on the first day of May, which 
would be taxable if held by an individual trustee residing 
ill this Commonwealth, and the name of every city or 
town in this Commonwealth where any beneficiary resided 
on said day, and the aggregate amount of such prop- 
erty then held for all beneficiaries resident in each of such 
cities and towns, and also the aggregate amount held for 
beneficiaries not resident in this Commonwealth, under 



876 1887. — Chapter 241. 

• the pains and penalties provided in section fifty-four of 

chapter thirteen of the Public Statutes and acts in 

amendment thereof for corporations failing to make the 

Payments luto rctums providcd by said act. Said corporation shall 

the treasury. jjunually pay to the treasurer of the Commonwealth a sum 

to be ascertained by assessment by the tax commissioner 

upon an amount equal to the total value of such property, 

at the rate ascertained and determined by him, under 

section forty of chapter thirteen of the Public Statutes 

and acts in amendment thereof. 

To make annual SECTION 11. Said Corporation shall also annually, 

moneys de- bctwccn the first and tenth days of May, return to the 

ufresroiXJ" tax commissioner a true statement verified by the oath of 

investment. gome officcr of the corporation, of the amount of all sums 

deposited with it on interest or for investment, other than 

those specified in the tenth and thirteenth sections of this 

act, together with the name of every city and town in 

this Commonwealth where any beneficial owner resided 

on said first day of May, and the aggregate amount of 

such deposits then held for the benefit of persons residing 

in each of such cities and towns, under like penalty. 

Payments into gjji(] corporation shall annually pay to the treasurer of 

tlie treasury. ,/-, ,1 i..it , 

the Commonwealth a sum to be ascertamed by assessment 
by the tax commissioner upon an amount equal to the 
total value of such deposits at three-fourths the rate 
ascertained and determined by him under section forty 
of chapter thirteen of the Public Statutes and acts in 
amendment thereof. 
Taxes not to be SECTION 12. No taxes shall be assessed in any city or 

assessed in „ " " , 

towns, etc., towH lor statc, county or town purposes, upon or in 
ficiaries reside. Tcspcct of any such property held in trust or any such 
amounts deposited on interest or for investment, but 
such proportion of the sum so paid by said cori)oration 
as corresponds to the amount of such property held for 
beneficiaries or payable to persons resident in this Com- 
monwealth, shall be credited and paid to the several cities 
and towns where it appears from the returns or other 
evidence that such beneficiaries resided on the first day 
of May next preceding, according to the aggregate 
amount so held for beneficiaries and persons residing in 
such cities and towns respectively ; and in regard to such 
sums so to be assessed and paid as aforesaid, said corpo- 
ration shall be subject to sections fifty-two, fifty-three, 
fifty-seven, fifty-eight and fifty-nine of chapter thirteen of 



1887. — Chapter 241. 877 

the Public Statutes and acts in amendment or lieu thereof 
so far as the same are applicable thereto. 

Section 13. Deposits with said corporation which ^rtiw^hieon'^' 
can be withdrawn on- demand, shall for purposes of tax- demand taxable 

, , , . • /• 1 J to depositor. 

ation l)e deemed money in possession or the person to 
whom the same is payable on demand, or within ten 
days. 

Section 14. The said corporation is also authorized Mayactas agent 

J, , ' ^ . . . . f""" 'ssuing, etc., 

to act as agent for the purpose of issuing, registering or bonds. 
countersigning the certificates of stock, bonds or other 
evidence of indebtedness of any corporation, association, 
municipality, state or public authority, on such terms as 
may be agreed upon, and may also act as trustee or 
financial or other agent for any person or firm, corpora- 
tion, association, municipality, government, state or 
national authority, and in iheir behalf to negotiate loans 
and to sell and negotiate the sale of securities, and may 
also act as trustee for the bondholders of corporations, 
and to this end is empowered to receive transfers of real 
and personal property upon such terms as may be agreed 
upon. 

Section 15. The capital stock of said corporation capital stock 
shall be one hundred thousand dollars, with the privilege power'foTn!.'' 
to increase the same from time to time to not exceeding |7;ooo,ooo. ' 
one million dollars, and the same shall be paid for at such 
time and in such manner as the board of directors shall 
decide : provided, that no business shall be transacted by 
the corporation until the whole amount is subscribed iov 
and actually paid in, and no shares shall be issued until 
the par value of such shares shall have actually been 
paid in in cash. 

Section 16. Said corporation shall be entitled to pur- Real estate in 
chase and hold real estate in the city of Boston suitable ^°^*°°- 
for the transaction of its business, to an amount not 
exceeding in value one hundred thousand dollars ; and 
the balance of the capital stock shall be invested only in 
the investments authorized by section three of this act 
in the case of moneys or property held in trust or on 
deposit. 

Section 17. The shareholders of said corporation Liability of 
shall be held individually liable, equably and ratably, '^^'^^^'^''''^ 
and not one for another, for all contracts, debts and 
engagements of such association, to the extent of the 
amount of their stock therein at the par value thereof, 



878 1887. — Chapters 24:2, 243. 

in ficldition to the amount invested in such shares. The 
provisions contained in chapter one hundred and six of 
the Public Statutes, sections sixty-two to seventy-one 
inclusive, shall apply to and regulate the enforcement of 
this liability. 
Shares assigna- SECTION 18. The sharcs of Said corporation shall be 

ble anil Hans- .,, -, /.,i t ii j 

ferabie. assignable and transferable accordmg to such rules and 

regulations as the stockholders shall for that purpose 
ordain and establish, and not otherwise. 

Section 19. This act shall take effect upon its passage. 

A2n^roved 3fay 2, 1887. 



QJian.242 ^n Act to confirm the proce^ings of certain town meet- 
ings OF the town of DOUGLAS. 

Be it enacted, etc., as follows: 
Proceedings at SECTION 1. The proceedings of the town meetings of 
confirmed. the towu of Douglas hcld oil the twenty-first day of March 
and the fourth day of April in the year eighteen hundred 
and eighty-seven, shall njt be. invalid for the reason that 
tellers were not appointed and sworn according to law 
to aid in checkinsr the names of voters and in assistinoj 
and counting the votes, nor for the reason that the per- 
son acting as town clerk was not properly elected or 
appointed or sworn ; and the election of town officers and 
all doings of said meetings are ratified and confirmed. 
Section 2. This act shall take effect upon its passage. 

Approved May 2, 1887. 

(JJlcnj.2^3 ^^ ^^"^ "^^ authorize the payment of fees to deputy sher- 
iffs AND constables FOR ATTENDANCE AT THE PROBATE COURTS 
AND COURTS OF INSOLVENCY. 

Be it enacted, etc., as follows : 
Payment of Section 1. Scction sixtv-cight of chapter one hun- 

oftif prs for ^^ 

attendance at drcd and fifty-uinc of the Public Statutes is hereby 
probate courts. jjjjjgQ(-|gj jt^y inserting after the word " court" in the third 
line of said section the words : — or probate court or 
court of insolvency, — so that said section as amended 
shall read as follows : — Deputy sheriffs and constables 
shall be paid out of the county treasury, for attendance 
upon the supreme judicial court or the superior court or 
any probate court or court of insolvency in any county 
except Suffolk, four dollars a day, and five cents a mile 
for travel out and home once a week during such attend- 



1887. — Chapters 244, 245, 246. 879 

ance. Said officers shall receive for attendance upon Feesofomcera 
the supreme judicial court sitting in the county of Suf- f*"^ ^"endance. 
folk four dollars and fifty cents a day, and for travel the 
same as in other counties. Said compensation, when 
said court is sitting for the Commonwealth, shall be paid 
by the Commonwealth, and in other cases by the county. 
Section 2. This act shall take effect upon its passage. 

Approved May 3, 1887. 



ChapM4: 



An Act concerning the investment of the funds of the 
puoprietors of forest hills cemetery. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the proprietors of Forest investment 
Hills Cemetery are hereby authorized to invest any funds °^'^"°'^^' 
in their hands in any investments in which savings banks 
are now or may hereafter be authorized to invest and may 
also invest such funds in loans upon the notes or other 
obligations of the Massachusetts Hospital Life Insurance 
Company. 

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

Approved May 3, 1887. 



Chap.2i5 



An Act to establish the salary of the clerk of the secre- 
tary OF THE STATE BOARD OF AGRICULTURE. 

Be it enacted, etc., as follows : 

Section 1. The clerk of the secretary of the state saiaryestab- 
board of agriculture shall receive an annual salary of ''**'®^- 
twelve hundred dollars. 

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

Approved May 3, 1887. 



An Act concerning the collection of claims against the 

commonwealth. 



Chap.24:6 



Be it enacted, etc., as follows: 

The superior court shall have jurisdiction of all claims superior co.irt 
against the Commonwealth, whether at law or in equity, uon^oTdai'ms''' 
except those mentioned in section seven of chapter one "ga'nstthe 
hundred and ninety-five of the Public Statutes, and all 
claims shall be subject to the same set off and recoupment 
as they would be if the Commonwealth was a private 
person, and shall be enforced in accordance with the pro- 
visions of chapter one hundred and ninety-five of the 
Public Statutes. Approved May 3, 1887. 



880 



1887. — Chapters 217, 248. 



Ch(l7).^4:7 ^^ ^^^ ^® INCORPORATE THE MIDDLESEX REAL ESTATE ASSOCIA- 
TION OK CAMBRIDGE. 

Be it enacted, etc. , as follows : 

Section 1. Louis F. Baldwin, Thomas Ta^'lor, 
Emory T. Morris, Andrew C. Hall, George F. Betts, 
their associates and successors, are hereby made a corpo- 
ration for the term of thirty years from the date of the 
passage of this act, by the name of the Middlesex Real 
Estate Association of Cambridge, for the purpose of 
purchasing, selling, leasing and improving real estate in 



Middlesex Real 
Estate Associa- 
tion of Cam- 
bridge incor- 
porated. 



Capital stock 
and shares. 



exceeding 



in 



the city of Cambridge, to an amount not 
value twenty-five thousand dollars, and performing such 
other legal acts as may be necessary in accomplishing said 
objects ; with all the powers and privileges, and subject 
to all the duties, liabilities and conditions set forth in all 
general laws which now are or hereafter may be in force 
applicable to such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed twenty-five thousand dollars and shall be 
divided into shares of twenty-five dollars each ; provided, 
that said corporation shall not transact any business until 
at least three thousand dollars shall have been paid in ; 
and provided, that no stock shall be issued until the whole 
amount of said capital stock shall have been paid in, either 
in cash or property ; the value of which property, if any, 
shall be determined by the commissioner of corporations. 

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

Approved 3Iay 4, 1887. 



ChapMS 



Name of a 
limited partner- 
ship. 



Special partner, 
may draw 
interest on 
amount con- 
tributed. 



An Act concerning limited partnerships. 
Be it enacted, etc.y as follows: 

Section 1. A limited partnership which lawfully suc- 
ceeds to the business of a former firm, and obtains the 
consent of the members of such firm or their legal repre- 
sentatives to the use of the name of such firm, may adopt 
and use such name instead of the name prescribed by 
section three of chapter seventy-five of the Public 
Statutes. 

Section 2. A special partner may withdraw interest 
on the capital contributed by him at any rate agreed on 
not exceeding six per cent, per annum, provided that 
such withdrawal is out of profits and does not impair the 



1887. — Chapter 249. 881 

•capital of the partnership, without any liability to refund 
the same in any event. 

Section 3. Section seven of chapter seventy-five of ^'^'^"^'|'"|^' *° 
the Public Statutes is hereby amended by adding at the 
end thereof the following : — and no such renewal or con- 
tinuation shall be made unless the capital contributed by 
the special partners is equal in amount or more than the 
aggregate capital the special partners originally contrib- 
uted, nor unless the certificate of such renewal or con- 
tinuation contains an additional statement to that effect, 
and also states the amount contributed at the time of the 
renewal by each of the special partners. 

Section 4. Section twelve of said chapter seventy- Liability as a 
five of the Public Statutes is hereby amended so as to general partner, 
read as follows : — In all cases in which the provisions of 
this chapter are not fully complied with, the members of 
limited partnerships shall be sul)ject to all the liabilities 
and entitled to all the rights of general partners. 

Section 5. So much of chapter seventy-five of the Repeal. 
Public Statutes as is inconsistent herewith is hereby 
repealed. 

Section 6. This act shall take efiect upon its passage. 

Approved May 4, 1887. 

Aia Act to amend section fifty-two of chapter twenty- QJiny^ ^^49 

SEVEN OK the PUBLIC STATUTES RELATIVE TO THE QUALIFICA- 
TION OF VOTERS IN TOWN AFFAIRS. 

Hi it eaicted, etc., as follows: 

Section 1. Section fifty-two of chapter twenty-seven Qualification of 
■of the Public Statutes is hereby amended by inserting in Iffafrs.'" '°'^" 
the sixth line of said section after the word " aflairs " ^•'^•^"•*^^• 
these words : — and who has been duly registered as a 
voter in said town, — so that said section as amended 
shall read as follows : — Section 52. Every male citizen 
-of twenty-one years of age and upwards, (except paupers, 
persons under guardianship and persons excluded by 
urticle twenty of the amendments to the constitution,) 
who hiis resided within the Commonwealth one year, and 
within the town in which he claims a right to vote six 
months next preceding a meeting for the transaction of 
town atfairs, and who has been duly registered as a voter 
in said town, and who has paid by himself or by his parent, 
master or iijuardian, a state or county tax assessed upon 



882 1887. — Chapter 250. 

him in any town within two years next preceding sucb 
meeting, shall have a right to vote at such town meetings 
upon all questions concerning town affairs ; and no other 
person shall be entitled to vote at such meeting ; but 
nothing herein contained shall defeat the right of women 
duly qualified and assessed, to vote for members of school; 
committees. 

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

Approved May 4, 1887. 

ChCip.250 ^^ -^CT TO CO-OPERATE WITH THE UNITED STATES IN THE SUP- 
PRESSION AND EXTIRPATION OF PLEURO-PNEUMONIA. 

Be it enacted, etc., as follows: 

Toco-operate SECTION 1. That the govcmor is hereby authorized 
States authori- to acccpt ou behalf of the state the rules and regulations 

ties for extirpa- i t .^ • • n -li i i 

tion of pieuro- prepared by the commissioner ot agriculture, under and 
pneumonia. -^ pursuaucc of scctiou three of an act of congress 
approved on the twenty-ninth day of May, in the year 
eighteen hundred and eighty-four, entitled "an act for 
the establishment of a bureau of animal industry, to pre- 
vent the exportation of diseased cattle and to provide 
means for the suppression and extirpation of pleuro-pneu- 
monia and other contagious diseases among domestic 
animals," and to co-operate with the authorities of the 
United States in the enforcement of the provisions of said 
act. 
Powers of SECTION 2. The inspcctors of the bureau of animal 

inspectors of . /. i tt • i f-> i n i i • i j. i?- 

the bureau of industry oi the United States shall have the right ot 

animal industry . ,. .. ■• n .• ly '~' ' i 

of the United inspcctiou, quarantine and condemnation ot animals 
States, affected with any contagious, infectious or communicable 

disease, or suspected to be so affected, or that have been 
exposed to any such disease, and for these purposes are 
hereby authorized and empowered to enter upon any 
ground or premises. Said inspectors shall have the 
power to call on sheriffs, constables and peace officers to 
assist them in the discharge of their duties in carrying out 
the provisions of the act of congress approved on the 
twenty-ninth day of May in the year eighteen hundred 
and eighty-four, establishing the bureau of animal indus- 
try ; and it is hereby made the duty of sheriffs, constables 
and peace officers to assist said inspectors when sO' 
requested ; and said inspectors shall have the same powers. 



1887. — Chapter 251. 883 

5ind protection as peace officers while engaged in the 
-discharoe of their duties. 

Section 3. All expenses of quarantine, condemnation Expenses to be 

J? • 1 1 J 1 • 1^1 /• 1 P''>'d by the 

•oi annuals exposed to disease and the expenses ot any and uuUed states. 
all measures that may be used to suppress and extirpate 
pleuro-pneumonia shall be paid by the United States, and 
in no case shall this state be liable for any damages or 
-expenses of any kind under the provisions of this act. 
Section 4. This act shall take effect upon its passage. 

Approved May 4, 1887. 



An Act to authorize the boston and lowell railroad 

CORPORATION to CONSTRUCT THE CENTRAL MASSACHUSETTS 
RAILROAD, TO ISSUE ADDITIONAL BONDS AND TO CREATE A 
SINKING FUND FOR THE PAYMENT THEREOF. 



C%9.251 



Be it enacted, etc., as follows: 

Section 1. The Boston and Lowell Railroad Corpo- The Boston and 
ration is hereby authorized to construct, complete and corporation 
equip or aid in the construction, completion and equip- "nYeq°uipthe' 
ment of the railroad of the Central Massachusetts Railroad S'ugeug Rauf' 
Company as located or to be located between North ™^<i' 
Cambridge and Northampton in this state, and a branch 
of said railroad over and upon the location of said com- 
pany, between the town of Palmer and the city of Holyoke 
in this state, together with depots and other structures 
connected with said railroad and branch, and to enter 
into all such contracts relating thereto, as shall be neces- 
sary to carry into effect the lease now existing between 
said Boston and Lowell Railroad Corporation and said 
Central Massachusetts Railroad Company dated the 
seventh day of December in the year eighteen hundred 
^nd eighty-six. Said railroad and branch and the con- 
struction thereof shall be subject to all general laws 
relating to railroads, and to the laws specially relating to 
the Central Massachusetts Railroad Company. 

Section 2, Said Boston and Lowell Railroad Corpo- May issue 
ration may, for the purposes aforesaid, issue its bonds in 
addition to those authorized to be issued by chapter one 
hundred and twelve of the Public Statutes and without 
the issue of stock as therein provided, in such an amount 
not exceeding two millions of dollars, as may be necessary 
to provide the means for the construction, completion and 
equipment of said railroad and branch and the structures 



884 



1887. — Chapter 252. 



To eBtablifih a 
uinkiDg fund. 



iDTestments. 



Disposition of 
bonds issued by 
the Central 
MasBacbueetts 
Railroad Com- 
pany. 



connected therewith, and to carry into effect the agree- 
ments contained in said lease ; the issue of bonds for said 
purposes shall not affect or restrict the right of said 
corporation to issue bonds for other uses as now provided 
by law. 

Section 3. Said Boston and Lowell Railroad Corpo- 
ration is hereby authorized to establish a sinking fund to 
provide for the payment when due of the bonds herein 
authorized to be issued, and for this purpose may pay 
semi-annually to such trustee as it shall select a sum not 
exceeding one-half of one per centum of the amount of 
bonds issued under authority of this act, and said sum 
together with all accumulations thereon shall be applied 
to the payment of said bonds at their maturity, and said 
trustee shall give such bonds and enter into such agree- 
ments relating to said sinking fund as shall be required by 
said corporation for its security. Said fund shall be 
invested by the trustee, with the approval of the majority 
of the directors of said corporation in such stock, bonds- 
and securities as savings banks are authorized to purchase 
under the laws of this state. 

Section 4. Said Boston and Lowell Railroad Corpora- 
tion shall hold in its treasury and shall not sell, pledge, 
transfer or deliver up to any other person the bonds of 
the Central Massachusetts Railroad Company issued to 
it in accordance with the terms of the lease aforesaid, 
except for the purpose of raising money to be used in 
the payment of the principal of the bonds issued under 
authority of section two of this act, until such time. as 
the principal and interest of said last mentioned bonds 
shall have been paid in full. 

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

Approved May 4, 1887. 



Cha]}.252 An Act for the 



Boards of health 
to isolate ani- 
mals having 
contagious, etc., 
diseases. 



SUPPRESSION OF CONTAGIOUS DISEASES AMONG 
DOMESTIC ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. The boards of health of cities and towns, 
in case of the existence in this Commonwealth of the 
disease called pleuro-pneumonia among cattle, or ftircy 
or glanders among horses, or any other contagious or 
infectious disease among domestic animals, shall cause 
the animals which are infected, or which have been 
exposed to infection in their respective cities and towns^ 



1887. — Chapter 252. 885 

to be secured or collected in some suitable place or 
places within their cities or towns, and kept isolated ; 
and when taken from the premises or possession of their 
owners, the expense of their maintenance shall be paid 
by the city or town wherein the animal is kept, and 
four-fifths of such payment, when certified by the treas- 
urer of such city or town, shall be refunded by the 
Commonwealth ; such isolation to continue as long as 
the existence of such disease or other circumstances may 
render it necessary. 

Section 2. They may, within their respective cities May appoint 
and towns, prohibit the departure of animals from any rf|uiationB.°'^''° 
enclosure or exclude animals therefrom, and may appoint 
agents who shall have power to enforce the prohibitions 
and regulations for which provision is made in sections 
three and four of this act. 

Section 3. They may make regulations in writing May make reg. 
to regulate or prohibit the passage from, to or through 
their respective cities or towns, or from place to place 
within the same, of any cattle or other domestic animals, 
and may arrest and detain at the cost of the owners 
thereof all animals found passing in violation of such 
regulations ; and may take all other necessary measures 
for the enforcement of such prohibition, and also for 
preventing the spread of any disease among the animals 
of their respective cities and towns and the immediate 
vicinity thereof. 

Section 4. Siich regulations shall be recorded upon Regulations to 
the records of their cities and towns respectively, and uponTJconis of 
shall be published in such cities and towns in such city or town. 
manner as may be provided in such regulations. 

Section 5. Any person disobeying the orders of the Penaitiea. 
boards of health, made in conformity with section three, 
or driving or transporting any animals contrary to the 
regulations made, published and recorded as aforesaid, 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment not exceeding one year. 

Section 6. ^\ho-:ver has knowledge of, or has good ^""nVf'iJ'nowi- 
reason to suspect the existence of a contagious disease edge of con- 

'^ . c 1 i-' • 1 • 4-1 • i J. tagiousdis- 

among any species ot domestic animals in this state, eases. 
whether such knowledge is obtained by personal examina- 
tion or otherwise, shall forthwith give notice thereof to 
the board of health of the city or town where such 
diseased animals are kept ; and for failure so to do shall 



886 



1887. — Chapter 252. 



Penalty. 



Board of health 
to make inveeti- 
gation forthwith 
upon notice 
given . 



Penalty on town 
or city for neg- 
lect by officers. 



Board of 
health may take 
land and build- 
ings for purpose 
of isolating 
diseased , 
animal*. 



Damages. 



Regulations 
made by cattle 
commiBsioners 
to supersede 
those made by 
boards of 
health. 



be punished by a fine not exceeding five hundred dollars, 
or by imprisonment in jail not exceeding one year. 

Section 7, The board of health of a city or town, 
having received notice of a suspected case of contagious 
disease among any of the domestic animals in their city 
or town, shall forthwith make an examination thereof 
personally, or by a competent person appointed by them 
for that purpose, and if satisfied there are good reasons 
for believing that contagion is present, shall immediately 
inform the cattle commissioners. 

Section 8. A city or town whose officers refuse or 
neglect to carry into effect the provisions of the first four 
and the seventh sections of this act, shall forfeit a 
sum not exceeding five hundred dollars for each day's 
neglect. 

Section 9. The boards of health of cities and towns, 
when in their judgment it is necessary to carry into effect 
the provisions of this chapter, may within their respective 
cities and towns take and hold, for a term not exceeding 
one year, any land, without buildings other than barns 
thereon, upon which to enclose and isolate any animals; 
and they shall cause the damage sustained by the owner 
in consequence of such taking and holding to be appraised 
by the assessors of the city or town wherein the lands 
so taken are situated ; and they shall further cause a 
description of such land, setting forth the boundaries 
thereof, and the area as nearly as may be estimated, 
together with the said appraisal, to be entered on the 
records of the city or town. The amount of said appraise- 
ment shall be paid as provided in section one, in such 
sums and at such times as the board of health may order. 
If the owner of land so taken is dissatisfied with said 
appraisement he may by action of contract recover of the 
city or town wherein the lands lie a fair compensation for 
the damages sustained by him, but no costs shall be taxed 
unless the damages recovered in such action, exclusive of 
interest, exceed said appraisement. And the Common- 
wealth shall reimburse to the city or town four-fifths of 
any sum recovered of it in any such action. 

Section 10. When a Ijoard of cattle commissioners, 
appointed in accordance with the provisions of chapter three 
hundred and seventy-eight of the acts of the year eight- 
een hundred and eighty-five, is in existence, and makes 
and publishes any regulations concerning the extirpation, 



1887. — Chapter 252. 887 

■cure or treatment of animals infected with, or which have 
been exposed to any contagious disease, such regulations 
shall supersede those made by boards of health, and boards 
of health shall carry out and enforce all orders and direc- 
tions of said commissioners to them directed. 

Section 11. Said commissioners shall have all the cattie commis- 

. . Bioners may 

power and authority hereni conferred upon boards of establish hos- 
health, and in addition may establish hospitals or quaran- auunes.'^ *^"'' 
tines with proper accommodations wherein, under pre- 
scril^ed regulations, animals by them selected may be 
•confined and treated, for the purpose of determining the 
varying characteristics of and the methods by which a 
specific contagion may be disseminated or destroyed ; 
and they may direct boards of health to enforce and carr}^ 
into effect all such regulations as may from time to time 
be made for that end. And any such officer who refuses Penalty on 
or neglects to carry out any such regulation of the com- neglect to carry 
missioners, shall be punished by a fine not exceeding five ""^ '■'•««''^"on8. 
hundred dollars for every such offence. 

Section 12. The commissioners, when in their iudg- cattie commis- 

, . /• I T 1 1 1- T sioners may 

meut the circumstances oi the case and the public good cause animau 
require it, may cause to be killed and buried any domes- 
tic animals which are infected with or have been exposed 
to contagious disease ; and except as is provided in the vaiuetobe 
following section shall cause such animals to be appraised paid. 
by three competent, disinterested men, under oath, at the 
fair value thereof in their condition at the time of appraise- 
ment, and the amount of the appraisement and necessary 
expense of the same shall be paid as provided in section 
one. 

Section 13. When the commissioners, by an examina- when disease is 

r . • T 1 . • • contracted 

tion of a case oi contagious disease among domestic am- through negii- 
mals, become satisfied that it has been contracted by fheanrmaurbe 
intention or negligence on the part of the owner, or of appraiaL'/or"' 
a person in his employ, or by his consent, or by the use payment. 
of food material liable to contain the germs of contagion, 
they shall cause such animals to be securely isolated at the 
expense of the owner, or they shall cause them to be 
killed without appraisal or payment ; and in all cases of 
farcy or glanders, the commissioners having condemned 
the animal infected therewith, shall cause such animal to 
be killed without an appraisal, but may pay the owner or 
any other person an equitable sum for the killing and 
burial thereof. 



888 



1887. — Chapter 252. 



Penalty on per- 
son failinif to 
comply with 
regulations. 



Prosecutione in 
any county. 

Appraisements 
to be in writing 
and certified. 



Commissioners 
may examine 
persons under 
oath. 



Costs, etc., to 
be paid from 
the state 
treasury. 



Carcasses may 
be sold if in 
wholesome con- 
dition for food. 



CommisBionerB 
to keep full 
records of their 
doings. 



Animals 
brought within 
the state from 
Infected places 
beyond its 
boundaries. 



Section 14. A person who fails to comply with a 
regulation made or an order given by the commissioners 
in the discharge of their duty, shall be punished by a fine 
not exceeding five hundred dollars, or by imprisonment 
not exceeding one year. 

Section 15. Prosecutions under the preceding section 
may be maintained in any county. 

Section 16. All appraisements under this chapter shall 
be in writing and signed by the appraisers and certified by 
the boards of health or commissioners, respectively, to 
the treasurers of the cities and towns where the animals 
are kept, and forwarded to the auditor of the Common- 
wealth. 

Section 17. The commissioners may examine under 
oath all persons believed to possess knowledge of material 
facts concerning the existence or dissemination or danger 
of dissemination of contagious disease among; domestic 
animals ; and for this purpose shall have all the powers 
vested in justices of the peace to take depositions, and to 
compel witnesses to attend and testify by chapter one 
hundred and sixty-nine of the Public Statutes. All costs 
and expenses incurred in prot uring the attendance of such 
witnesses shall be allowed and paid to the commissioners 
from the treasury of the Commonwealth upon being certi- 
fied to and approved by the state auditor. 

Section 18. When animals exposed to contagious dis- 
eases are killed b}^ order of the commissioners, their 
carcasses may be inspected by the commissioners or a 
competent, discreet person appointed by them, and if they 
are found entirely free of disease and in a wholesome con- 
dition for food, they may be sold by them or by their 
order, and the proceeds of the sales shall be applied in 
payment of the appraised value of said animals. 

Section 19. Cattle commissioners now or hereafter 
appointed shall keep a full record of their doings, and 
report the same to the legislature on or before the tenth 
day of January in each year unless sooner required by 
the governor ; and an abstr^'ct of the same shall be printed 
in the annual report of the state board of agriculture. 

Section 20. When animals are transported within 
this state from infected localities beyond its boundary 
lines, such animals ma}^ be seized and quarantined by the 
commissioners, at the e>cpense of the owners thereof, sa 
long as the public safety may require ; and if, in their 



1887. — Chapter 253. 889 

judgment, it is necessary to secure that safety they may 
cause such animals to be killed without appraisal or pay- 
ment for the same. 

Section 21. No Texan, Mexican, Cherokee, Indian certain animais 
or other cattle, which the cattle commissioners decide may "n'roads, etcT'^ 
spread contagious disease shall be driven on the streets of rtrlrandNoTem- 
any city, town or village, or on any road in this Common- ber first. 
wealth, nor shall they be driven outside the stock yards 
connected with any railway in this Commonwealth, 
between the first day of March and the first day of 
November. 

Section 22. In all stockyards within this Common- certain cattle to 
wealth said Texan, Mexican, Cherokee, Indian or other entpe'ns." 
cattle, which the cattle commissioners decide may spread 
contagious disease, shall be kept in different pens from 
those in which other cattle are kept, from the first .day of 
March until the first day of November. 

Section 23. Any person or persons violating any Penaitiea. 
provision of the two preceding sections shall be punished 
by a fine of not less than twenty nor more than one hun- 
dred dollars. 

Section 24. Chapter ninety of the Public Statutes Repeal, 
and chapter one hundred and forty-eight of the acts of the 
year eighteen hundred and eighty- five are hereby repealed : 
provided, that nothing herein contained shall atfect any 
prosecution pending, or any penalty incurred before this 
act takes effect. Approved May 6, 1SS7. 

An Act authorizing the boston, winthrop and shore kail- njiavJ^^^ 

ROAD COMPANY TO DISCONTINUE AND ABANDON A PART OF ITS 
ROAD. . 

Be it enacted, etc., as folloivs: 

Section 1. The Boston, Winthrop and Shore Fail- ^^"tfp^JnSore 
road Company is hereby authorized and empowered to Railroad com. 

T •!! 11 • •• -I • 1 PO'iy "Hay ai8- 

aiscontmue and abandon that portion of its road situated continue a 
in the town of Revere which lies northerly and westerly road.'^" ° 
of the location of the Boston, Revere Beach and Lynn 
railroad from a point where the said Boston, Winthrop 
and Shore railroad crosses the said Boston, Revere Beach 
and Lynn railroad by a bridge near the junction of Ocean 
and Atlantic avenues westerly to a i)oint near the Eastern 
railroad heretofore known as the Pavilion station, and 
thence northerly to the Point of Pines. 



890 



1887. — Chapter 254. 



Assessment of 
damages. 



Notice of inten- 
tion to discon- 
tinue to be filed 
in office of cleric 
of commis- 
sioners. 



Section 2. All persons who shall sustain any damage 
in their property by said discontinuance and abandonment 
shall have such damage a.ssessed in the same manner as is 
provided by law in relation to damages occasioned by the 
laying out and maintaining of railroads. 

Section 3. The said Boston, Winthrop and Shore 
Railroad Company whenever it intends to discontinue and 
abandon said portion of its railroad shall file in the office 
of the clerk of the railroad commissioners a statement of 
its intention and said statement so filed shall be conclusive 
evidence of such discontinuance and abandonment. 

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

Approved May 6, 1887. 



Ohan.254: ^^ ^^"^ "^^ incorporate the DOUGLAS LAND COMPANY 

TOWN OF WEBSTER. 



IN THE 



Douglas Land 
Compuny incor- 
porated. 



Powers and 
duties. 



Capital stock 
and shares. 



Provisos. 



Be it enacted^ etc., as follows : 

Section 1. Edwin Moore, William Abbott, Aaron F. 
Jones, Albert Butler, George L. South wick, Herbert N. 
Logee, their associates and successors, are hereby made a 
corporation for the term of thirty years from the date of 
the passage of this act, by the name of the Douglas Land 
Company, for the purpose of purchasing, selling, leasing 
and improving real estate in the town of Web.ster to an 
amount not exceeding in value ten thousand dollars, and 
performing such other legal acts as may be necessary in 
accomplishing said o])jects, with all the powers and privi- 
leges and subject to all the duties, liabilities and conditions 
set forth in all g-eneral laws which now are or hereafter 
may be in force and applicable to such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed ten thousand dollars, and shall be divided into 
shares of twenty-five dollars each : provided, that said 
corporation shall not transact any business until at least 
fifteen hundred dollars shall have been paid in in cash ; and 
provided, further, that no stock shall be issued until the 
whole amount of said capital stock shall have been paid in 
either in cash or property ; the value of which property, 
if any, shall be determined by the commissioner of corpo- 
rations. 

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

Approved May 6, 1887. 



1887. — Chapters 255, 256, 257. 891 



An Act to change the name of the faith chapel society. Chav.'2i55 
Be it enacted, etc., as follows: 

Section 1. The name of the Faith Chapel Society, a Name changed. 
religious corporation duly established by law at Lowell, 
in the county of Middlesex, in the Commonwealth of 
Massachusetts, is hereby changed to Chelmsford Street 
Free Baptist Society. 

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

Approved May 6, 1887. 

An Act to increase the district police force. Chap.l^Q 

Be it enacted, etc., as follows: 

Section 1. The governor may appoint two district Additional dis. 
police officers in addition to the number now authorized oflice?*."^^ 
by chapter one hundred and three of the Public Statutes 
and chapter one hundred and thirty-one of the acts of the 
year eighteen hundred and eighty-five : provided, that the 
whole district police force shall not exceed twenty- two men. 

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

Approved May 6, 1887. 

An Act to change the name of the stoneham street rail- f-^-j OC7 

^OAD company and TO EXTEND THE TIME FOR THE LOCATION ^'*^/'-^^' 
thereof in THE TOWNS OF READING, EVERETT AND REVERE. 

Be it enacted, etc., as follows: 

Section 1. The name of the Stoneham Street Rail- Name changed. 
road Company is hereby changed to the East Middlesex 
Street Railway Company. 

Section 2. The time w^ithin which the said corpora- Time for loca- 
tion must locate, construct and put in operation a street i'trucTioV""' 
railway in the towns of Reading, Everett and Revere in ®^'«"^<'«^- 
order to avail itself of the authority heretofore granted 
to construct, maintain and use a street railway in said 
towns, is hereby extended to the thirty-fiist day of Decem- 
ber, in the year eighteen hundred and eighty-nine. 

Section 3. Said East Middlesex Street Railway Com- Powers and 
pany shall have all the powers and privileges and shall 
be subject to all the duties, liabilities and restrictions set 
forth in chapter nineteen of the acts of the year eighteen 
hundred and sixty and in all acts in amendment thereof. 

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

Avvroved May 6, 1887. 



892 1887. — Chapteks 258, 259, 260, 261. 



Ohap.25S ^^ ^^"^ "^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE TIDE- 
WATERS OF THE TOWNS OK EASTHAM AND WELLFLEET. 

Be it enacted, etc., as follows : 

Boundary line SECTION 1. The bonndarv line between the tide- 
waters of the towns of Eastham and Wellfleet, on the 
Massachusetts Bay side, shall be as follows : Beginning 
at the stone monument marked E. and W., erected at 
the mouth of Indian Brook, and running south sevent}-- 
nine degrees twenty-five minutes west, to the exterior 
line of the Commonwealth. 

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

Ajyproved May 6, 1887. 

(Jhav.2i5^ An Act to establish the salary of the assistant register 

OF PROBATE AND INSOLVENCY FOR THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

H8he7"^^' Section 1. The annual salary of the assistant regis- 

ter of probate and insolvency for the county of Middlesex 
shall be eighteen hundred dollars. 

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

Approved May 9, 1887. 



ChClp.2,Q0 ^^ ^^"^ "^^ CONFIRM THE PROCEEDINGS OF THE LAST ANNUAL 

MEETING OF THE TOM^N OF TISBURY. 

Be it enacted, etc., asfolloios: 
Proceedings of SECTION 1. The proccedinofs of the last annual meet- 

town meeting ^ i O 

confirmed. jng of the towu of Tisbuiy shall not be invalid for the 
reason that the check list was not used in the election of 
the moderator of said meeting ; and the election of town 
officers and other doings of said meeting are hereby rati- 
fied and confirmed. 

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

A])proved May 9, 1887. 

CJlCl7).2iG\ -^^ ^^"^ '^'^ ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 

OF SCITUATE AND MARSHFIELD. 

Be it enacted, etc. , as follows : 

estShed!'"' Section 1. The main channel of North River from 
its mouth to the upper or southwesterly corner of the 
town of Scituate is hereby made the boundary line be- 
tween the towns of Scituate and ]Marshfield. 

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

Approved May 11, 1887. 



1887. — Chapters 262, 2(33, 26i, 265. 893 



i 



An Act to authokize the county commissioners of essex QJiQ^jy 262 

COUNTY TO ENLARGE AND IMPROVE THE JAIL AT NEWBURYPORT. 

Be it enacted., etc., asfolloivs: 

Section 1. The county commissioiiefs of the county , t an in New- 
of Essex are hereby authorized to enlarge and improve b" wua^gJd*^ 
the jail at Newburyport, in said county, and to expend 
therefor a sum not exceeding ten thousand dollars. 

Section 2. No expenditure shall be made by said |['pp"oved'by 
commissioners, under the provisions of this act, until the commiBsioners 

-. 1111 of prisons. 

plans for such enlargement and improvement shall have, 
been approved by the l)oard of commissioners uf prisons. 
Section 3. This act shall take effect upon its passage. 

Approved Alay 11, 1887. 

An Act to make the first monday of September, known as (JJiajy.^Qt^ 

labor's HOLIDAY, A LEGAL HOLIDAY. 

Be it enacted, etc., as folloivs: 

Section 1. The first Monday of September in each XI;^^/fept°em- 
3'ear, being the day celebrated and known as Labor's h^iid'a'''^'' * '^^^^ 
Holiday, is hereby made a legal public holiday, to all 
intents and purposes, in the same manner as Thanksgiv^- 
ing, Fast and Christmas days, the twenty-second of Feb- 
ruary, the thirtieth day of May and the fourth day of July, 
are now by law made public holidays. 

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

Approved May 11, 1887. 

An Act to change the name of the state workhouse at (7^(^99.264: 

briugewater. 

Be it enacted, etc., as follows: 

Section 1.. The name of the State Workhouse at N'*™^ changed. 
Bridgewater is hereby changed to the State Farm at 
Bridgewater. 

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

Approved May 11, 1887. 



Chap.265 



An Act to establish the salary of the clerk of the police 

court of somerville. 

Be it enacted, etc., as folloivs : 

Section 1. The clerk of the police court of Somerville saiary estab- 
shall receive an annual salary of one thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved May 11, 1887. 



894 1887. — Chapters 266, 267, 268. 



C^tt».266 ^'^ ^'^'^ '^^ AMEND SECTION FIFTY-ONE OF CHAPTER EIGHTY-NINE 
OF THE PUBLIC STATUTES RELATIVE TO GIVING NOTICE TO THE 
OVERSEERS OF THE POOR OF CITIES AND TOWNS, OF COMMITMENTS 
TO THE INDUSTRIAL OR REFORM SCHOOL. 

Be it enacted, etc., as follows. • 
Notice to be SECTION 1. Section fiftv-oiie of chapter eic-hty-nine 

given to over- , . »' I O J 

seerebythe of the Public Statutes is hereby amended so as to read as 
lunacy and foUows : — Whcii a pei'soH haviiig a settlement in this Com- 
p! s"^', § 51. monwealth is committed to the state industrial school or 
the Lyman school for boys, the state board of lunacy and 
charity shall give written notice thereof to the overseers 
of the poor of the town or city of settlement, which town 
or city shall pay for his support in such school one dollar 
a week from the date of such notice, to be paid to or re- 
covered by the treasurer of the Commonwealth. 

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

Approved May 11, 1887. 



ChCl7).2G7 An ^'^'^ TO AMEND AN ACT TO ESTABLISH A BOARD OF REGISTRA- 
TION IN PHARMACY. 

Be it enacted, etc., as follows: 

tssCziz.T^!^ Section 1. Section three of chapter three hundred 
and thirteen of the acts of eighteen hundred and eighty- 
five is hereby repealed ; but such repeal shall not impair 
or affect the rights and privileges of any person hitherto 
registered as a pharmacist under the provisions of said 
section. 

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

A^jproved May 11, 1887. 

ChaV.26S -^N -^^"^ "^^ AUTHORIZE THE BOSTON AND ALBANY RAILROAD COM- 
PANY TO MAKE A NEW LOCATION OF ITS RAILROAD IN THE TOWN 
OF NATICK. 

Be it enacted, etc., as follows: 
May make a Section 1. Thc BostoH and Albany Railroad Com- 

new location of i i i- c '2. •^ i • j.i j. 

road in Natick. pany may make a new location or its railroad in the town 
of Natick between the nineteenth and the eighteenth mile- 
posts in the original location of the Boston and Worcester 
railroad, said new location to be generally northerly of 
said original location, and to extend across the southerly 
part of Lake Cochituate. The centre or base line of 
said new location is described as follows : — Beginning 



1887. — Chapter 269. 895 

at a 8tone monument set in the ground at a point in the 
present base line of location distant about nine hundred 
and eleven feet easterly from the nineteenth mile-post ; 
thence running northeasterly, easterly and southeasterly 
by a line curving to the south with a radius of two thou- 
sand eight hundred and sixty-four and ninety-three one- 
hundredths feet, about nine hundred and ninety-five feet 
to a stone bound set in the ground ; thence running south 
seventy-four degrees and forty-one minutes east about five 
hundred and eighty-tw^o feet to a stone monument set in 
the ground ; thence running southeasterly, easterly and 
northeasterly by a line curving to the north with a radius 
of tw^o thousand eight hundred and sixty-four and ninety- 
three one-hnndredths feet about sixteen hundred and 
sixtv-eio-ht feet to a stone monument set in the o:round at 
a point in the present base line of location distant about 
ten hundred and forty-nine feet westerly from the eight- 
eenth mile-post. Said new location shall be filed within 
one year and the road built within two years from the 
passage of this act. 

Section 2. In building its road upon the location Height of em- 
hereinbefore provided for, the said railroad company shall outie?of Lake 
build and maintain its embankment at a heig-ht of not less cochituate. 
than five and one-half feet above the dam at the outlet of 
Lake Cochituate. 

Section 3. In case the parties in interest cannot agree Damages. 
on the damages for taking land on the location herein pro- 
vided for, the same shall be settled in the manner provided 
for in chapter one hundred and twelve of the Public Stat- 
utes, and the damages to the citv of Boston mav be settled 
by agreement between the Boston and Albany Railroad 
Company and the Boston Water Board. 

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

Approved May 12, 1887. 

An Act to amend an act to provide for a state board of z^/,^.^ o^q 
arbitration for the settlement of differences between ^ ' 

employers and their employees. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and state board of 

, ^ , ^ , ^ . , 11, arbitration and 

Sixty-three oi the acts ot the year eighteen hundred and conciliation, 

• */ o 1 886 263 & 1 

eighty-six is hereby amended so as to read as follows: — 
Section 1. The governor, with the advice. and consent of 



896 



1887. — Chapter 269. 



Vacancies. 



Secretary. 



Amendment to 
1886, 263, § 4. 



the council, shall, on or before the first day of July, in the 
year eighteen hundred and eighty-six, appoint three com- 
petent {)ersons 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 associa- 
tion representing employers of labor, one of them shall 
be selected from some labor organization and not an 
emplo^'er of labor, the third shall be appointed upon the 
recommendation of the other two : provided, hovmver, 
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. On the first 
day of July in the year eighteen hundred and eighty- 
seven the governor, with the advice and consent of the 
council, shall appoint three members of said board in the 
manner above provided, one to serve for three years, one 
for two years and one for one year, or until their respec- 
tive successors are appointed ; and on the first day of July 
in each year thereafter the governor shall in the same 
manner appoint one member of said board to succeed the 
member whose term then expires, and to serve for the 
term of three years or until his successor is appointed. 
If a vacancy occurs at any time, the governor shall in 
the same manner appoint some one to serve out the 
unexpired term ; and he may in like manner remove any 
member of said board. Each member of said board shall, 
before entering upon the duties of his office, be sworn to 
a faithful discharge thereof. They shall at once organize 
by the choice of one of their number as chairman. 8aid 
board shall choose one of its members as secretary, and 
may also appoint and remove a clerk of the board, who 
shall receive such salary as may l)e allowed by the board, 
but not exceeding nine hundred dollars a year. 

Section 2. tSection three of said < hapter is hereby 
amended by striking out the word "clerk" in the six- 
teenth line and inserting in place thereof the word : — 
secretary. 

Section 3. Section four of said chapter is hereby 
amended so as to read as follows : — /Section 4. Said 
application shall be signed by said employer, or by a 
majority of his employees in the department of the busi- 
ness in which the controversy or difference exists, or their 
duly authorized agent or by both parties, and shall con- 



1887. — Chapter 2G9. 897 

tain a concise statement of the grievances complained of, 
and a ])romise to continue on in business or at work with- 
out 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. When an api)lication is signed by an 
agent claiming to represent a majority of such em[)l()yees, 
the l)oard shall satisfy itself that such agent is duly author- 
ized in writing to represent such employees, but the names 
of the employees giving such authority shall be kept secret 
by said board. As soon as may be after the receipt of 
said application the secretary of said board shall cause 
public notice to be given of the time and place for the 
hearing thereon ; but public notice need not be given 
when both parties to the controversy join in the application 
-and present therewith a written request that no public 
notice be given. When such request is made, notice shall 
be given to the parties interested in such manner as the 
board nia}'^ order, and the board may, at any stage of the 
proceedings, cause public notice to be given, notwithstand- 
ing such request. Should the petitioner or petitioners fail 
to perform the promise made in said application, the board 
shall proceed no further thereupon without the written 
consent of the adverse party. The board shall have 
power to summon as witness any operative in the depart- 
ments of business affected and any person who keeps the 
records of wages earned in those departments, and to 
examine them under oath, and to require the production 
of l)ooks contaming the record of wages paid. Sum- 
monses may be signed and oaths administered by any 
member of the board. 

Section 4. Section seven of said chapter is hereby Repoai of isse, 
repealed and the following section inserted in place newL'ctum 
thereof: — Section 7. The parties to any controversy *'"'*"^"'^'^* 
or difference as described in section three of this act may 
submit the matters in disj)ute, in writing, to a local board 
of arbitration and conciliation ; such board may either be 
mutually agreed upon, or the employer may designate 
one of the arbitrators, the employees or their duly author- 
ized agent another, and the two arbitrators so designated 
may choose a third, who shall be chairman of the board. 
v5uch Ixnird shall, in respect to the matters referred to it, 
have and exercise all the powers which the state board 
might have and exercise, and its decision shall have 
whatever binding effect may be agreed by the parties to 



898 1887. — Chapter 269. 

the controversy in the written submission. The jurisdic- 
tion of such board shall be exclusive in respect to the- 
matters submitted to it, but it may ask and receive the- 
advice and assistance of the state board. The decision^ 
of such board shall be rendered within ten days of the close- 
of any hearing held by it ; such decision shall at once be 
filed with the clerk of the city or town in which the 
controversy or difference arose, and a copy thereof shall 
be forwarded to the state board. Each of such arbitrators- 
shall be entitled to receive from the treasury of the city 
or town in which the controversy or difference that is the 
subject of the arbitration exists, if such payment is ap- 
proved in writing by the mayor of such city or the board 
of selectmen of such town, the sum of three dollars for- 
each day of actual service, not exceeding ten days for any 
one arbitration. Whenever it is made to appear to the 
mayor of a city or the board of selectmen of a town that 
a strike or lock-out such as described in section eight of 
this act is seriously threatened or actually occurs, the- 
mayor of such city or the board of selectmen of such town, 
shall at once notify the state board of the fiicts. 
Repeal of 1886, SECTION 5. Scctiou cio^ht of Said chapter is hereb\r 

263, §8,andnew l il e U ■ 4.- ' 4- 1 • 1 

sections substi- repealed and the tollowmg sections inserted in place 
thereof: — Section 8. Whenever it shall come to the 
knowledge of the state board, either by notice from the 
mayor of a city or the l)oard*of selectmen of a town, as^ 
'provided in the preceding section or otherwise, that a. 
strike or lock-out is seriously threatened or has actually 
occurred in any city or town of the Commonwealth^ 
involving an employer and his present or past employees,, 
if at the time he is employing, or up to the occurrence of 
the strike or lock-out was employing not less than twenty- 
five persons in the same general line of business in any 
city or town in the Commonwealth, it shall be the duty 
of the state board to put itself in communication as soon 
as may be with such employer and employees, and en- 
deavor by mediation to effect an amicable settlement 
between them, or to endeavor to persuade them, provided 
that a strike or lock-out has not actually occurred or is. 
not then continuing, to submit the matters in dispute to a 
local board of arbitration and conciliation, as above pro- 
vided, or to the state board ; and said state board may, if it 
deems it advisable, investigate the cause or causes of sucli 
controversy and ascertain which party thereto is mainly 



tuted. 



1S87. — Chapter 270. 899 

responsible or blameworthy for the existence or continu- 

; ance of the same, and may make and pul)lish a report 

' finding such cause or causes and assigning such responsi- 

' 'bility or blame. The board shall have the same powers 

for the foregoing purposes as are given it by section three 

•of this act. Section 9. Witnesses summoned by the Fees of wit- 

state board sh:dl be allowed the sum of fifty cents for each 

i «,ttendance, and the further sum of twenty-five cents for 

-each hour of attendance in excess of two hours and shall 

be allowed five cents a mile for travel each way from their 

I Tespective places of emplo3'ment or business to the place 

where the board is in session. Each witness shall certify 

in writinjr the amount of his travel and attendance, and 

the amount due him shall be paid forthwith by the board, 

and for such purpose the board shall be entitled to draw 

from the treasury of the Commonwealth as provided for 

, in chapter one hundred and seventj^-nine of the acts of the 

year eighteen hundred and eighty-four. Section 10. 

The members of said state board shall until the first day Compensation 

of July in the year eighteen hundred and eighty-seven ° 

be paid five dollars a day each for each day of actual 

service ; and on and after said date they shall each receive 

a salary at the rate of two thousand dollars a year, to be 

paid out of the treasury of the Commonwealth, and both 

before and after said date they shall be allowed their 

necessary travelling and other expenses, which shall be 

paid out of the treasury of the Commonwealth. 

Section 6. This act shall take eflect upon its passage. 

Approved May 14^ 1S87. 

An Act to extend and kegulate the liability of employeks (JJinj) 270 
TO make compensation for personal injuries suffered by 
employees in their service. 

Be it enacted, etc., as follows : 

Section 1. Where, after the passage of this act, ^^"pioy^rsfor 
personal iniury is caused to an employee, who is himself personal in- 
in the exercise of due care and diligence at the time : — by empioyeeB 

(I) By reason of any defect in the condition of the '" "reennce. 
ways, works or machinery connected with or used in the 
business of the employer, which arose from or had not 
been discovered or remedied owing to the ncofliofence of 
the employer or of any person in the service of the 
employer and entrusted by him with the duty of seeing 



900 1887. — Chapter 270. 

that the ways, works or machinery were in proper coa^- 
dition ; or 

(2) By reason of the negligence of any person in the 
service of the employer, entrusted with and exercising 
superintendence, whose sole or principal duty is that of 
superintendence. 

(3) By reason of the negligence of any person in the 
service of the employer who has the charge or control of 
any signal, switch, locomotive engine or train upon a 
raih'oad, the employee, or in case the injury results in 
death the legal rei)resentatives of such employee, shall 
have the same right of compensation and remedies against 
the employer as if the emi)loyee had not been an emi)loyee 
of nor in the service of the employer, nor engaged in its 
work. 

Liabiiitywhere SECTION 2. AVhcre an employee is instantly killed or 
f^sSykined, dics wilhout conscious suffering, as the result of the 
**■"* negligence of an employer, or of the negligence of any 

person for whose negligence the employer is liable under 
the provisions of this act, the widow of the deceased, or 
in case there is no widow, the next of kin, provided that 
such next of kin were at the time of the death of such 
employee dei^endent upon the wages of such employee for 
support, may maintain an action for damages therefor and 
may recover in the same manner, to the same extent, as 
if the death of the deceased had not been instantaneous, 
or as if the deceased had consciously suffered. 
Amount of com- Sectiox 3. The amouut of compensation receivable 
«c'lwab\e ^ under this act in cases of personal injury shall not exceed 
the sum of four thousand dollars. In case of death, com- 
pensation in lieu thereof may be recovered in not less than 
five hundred and not more than five thousand dollars, to 
be assessed with reference to the degree of culpability of 
the employer herein, or the person for whose negligence 
he is made liable ; and no action for the recovery of com- 
pensation for injury or death under this act shall be main- 
tained, unless notice of the time, place and cause of the 
injury is given to the employer within thirty days, and 
the action is commenced within one year, from the occur- 
rence of the accident causing the injury or death. But no 
notice given under the provisions of this section shall be 
deemed to be invalid or insufficient solely by reason of 
any inaccuracy in stating the time, place or cause of the 



under this act. 



1887. — Chapter 270. 901 

injury : provided, it is shown that there was no intention 
to mislead, and that the party entitled to notice was not 
in fact misled thereby. 

Section 4. Whenever an employer enters into a con- Liability of 
tract, either written or verbal, with an independent employee o^ a 
contractor to do part of such employer's work, or when- gub'coutractor. 
ever such contractor enters into a contract with a sub- 
contractor to do all or any part of the work comprised 
in such contractor's contract with the employer, such 
contract or sub-contract shall not bar the liability of the 
employer for injuries to the employees of such contractor 
or sub-contractor, b}' reason of any defect in ihe condition 
of the ways, works, machinery or plant, if they aie the 
property of the employer, or furnished by him, and if 
such defect arose or had not been discovered or remedied, 
through the neo'ligence of the employer or of some person 
entrusted by him with the duty of seeing that they were 
in proper condition. 

Section 5. An employee or his legal representatives Employer not 
shall not be entitled under this act to any right of com- pYayeekn"wof 
pensation or remedy against his employer in any case cau^d'Icddent 
where such employee knew of the defect or negligence ^^^'l.noi^ice*'* 
which caused the injury, and failed within a reasonable thereof. 
time to give, or cause to be given, information thereof to 
the employer, or to some person superior to himself in 
the service of the employer, who had entrusted to him 
some general superintendence. 

Section 6. Any employer who shall have contributed Sh"r^^eSio?er 
to an insurance fund created and maintained for the J^^'^^^ Cur "nee 
mutual purpose of indemnifying an employee for personal fui.d for benefit 

. . . ^ „ '^ , . , •' . ^ 1 1 1 of employees. 

injuries for which compensation may be recovered under 
this act, or to any relief society formed under chapter 
two hundred and forty-four of the acts of the year eight 
een hundred and eighty- two, as authorized by chapter 
one hundred and twenty-five of the acts of the year 
eighteen hundred and eighty-six, may prove, in mitiga- 
tion of the damages recoverable by an employee under 
this act, such proportion of the pecuniary benefit which 
has been received by such employee from any such 
fund or society on account of such contribution of 
said employer, as the contribution of such employer 
to such fund or society bears to the whole contribution 
thereto. 



902 



1887. — Chapter 271. 



Not to apply to 
Injuries to 
domestic ser- 
Tants, etc., by 
other fellow 
employees. 



Section 7. This act shall not apply to injuries caused 
to domestic servants, or farm laborers, by other fellow 
employees, and shall take effect on the first day of Sep- 
tember, eighteen hundred and eighty-seven. 

Approved May 14, 1887. 



Spencer Water 
Company. 



Town of Spen- 
cer to cause to 
be recorded in 
the registry of 
deeds a descrip- 
tion of land, 
etc., heretofore 
or hereafter 
taken. 



(7AttW.271 -^^ ^^'^ '^^ AMEND AN ACT TO INCORPORATE THE SPENCER 

WATER COMPANY. 

Be it enacted, ftc, as follows : 

Section 1. Section ten of chapter one hundred and 
nineteen of the acts of the year eighteen hundred and 
eighty-two is hereby amended so as to read as follows : — 
This act shall be null and void unless the said corporation, 
or its assigns, shall within seven years from the passage 
hereof avail themselves of its provisions and commence a 
prosecution of the work herein authorized. 

Section 2. The town of Spencer, to which the 
Spencer Water Company has assigned all its corporate 
pro[)erty and all its rights and privileges, may, within 
sixty days after the passage of this act, file and cause to 
be recorded in the Worcester district registry of deeds a 
description of any land heretofore taken by said corpora- 
tion or its assigns, or by either of them, under the 
provisions of chapter one hundred and nineteen of the acts 
of the year eighteen hundred and eighty-two ; and if said 
town shall hereafter take any land under the provisions of 
the above act, said town shall, within sixty days after 
taking said land, file and cause to be recorded in said 
registry of deeds a description of the land so taken ; said 
description shall in each case be sufficiently accurate for 
identification and be accompanied by a statement of the 
purposes for which the land was taken ; and said town 
shall also notify the owner of any such land of the taking 
thereof, and the title of the land so taken shall then vest 
in said town. 

Section 3. Any person injured in property by the 
act of said corporation, or its assigns, Avho has not already 
received from said corporation, or its assigns, the amount 
of damages agreed upon or assessed under the provisions 
of said chapter, and who fails to agree with said corpora- 
tion, or its assigns, as to the amount of damages, may 
have the same assessed and determined as provided in 



Damages. 



1887. — Chapters 272, 273, 274. 903 

said chapter, upon application at any time within two 
years from the passage of tliis act. 

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

Approved May 14, 1887. 

An Act to facilitate voting by employees. Chap.272 

Be it enacted, etc., as follows: 

Section 1. No person entitled to vote at a state or J,];^,^ J^ ^^^^ 
national election shall be einijloyed upon the day on voting of 

, . . . employees in 

which any state or national election occurs, in any manu- manufacturing, 
facturing, mechanical or mercantile establishment in this meilts! ^ 
Commonwealth, except such establishment as may law- 
fully conduct its business on the Lord's day, during the 
period of two hours after the opening of the polls in the 
town, ward or precinct in which such person is entitled 
to vote : provided, such person shall make application for 
leave of absence during such time. 

Section 2. Every owner, superintendent or overseer Penalty. 
in any such establishment who employs or permits to be 
employed any person in violation of the preceding section 
shall forfeit not less than twenty nor more than fifty dol- 
lars for each offence. Approved May 14, 1887. 



An Act to establish the salary of the assistant kegisteu (JJiap.^ilS 

OF PROBATE AND INSOLVENCY FOR THE COUNTY OF ESSEX. 

Be it enacted, etc., as folloius : 

Section 1. The annual salary of the assistant register Salary eetab- 

* — ' llBu6Cl> 

of probate and insolvency for the county of Essex shall 
be eighteen hundred dollars. 

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

Approved May 14, 1887. 

An Act providing for a clerk for the municipal court of Chaj).274: 

THE west ROXBURY DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. There shall be a clerk of the municipal appo*in°edf 
court of the West Roxbury district of the city of Boston, 
who shall be appointed in accordance with the provisions 
of law relating to the appointment of clerks of police and 
district courts, who shall enter upon his duties on the first 
day of June in the year eighteen hundred and eighty- 
«even. 



904 



1887. — Chapter 275. 



^'''^'■y- Section 2. Said clerk shall receive from the county 

of Suffolk an annual salary of live hundred dollars. 
governing ck^ks Section 3. Said clerk shall be subject to all the pro- 
of police, etc., visions of law applicable to clerks of police and district 
courts. 

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

Approved May 14, 1887. 



courts. 



Pleasant Valley 
Water Com. 
pany incor- 
porated. 



May take 
•waters of a 
pond and of 
Sedgwick 
brook. 



(7^CfT).275 -^^ ^^"^ '^^ INCOKPOUATE THE PLEA.SANT VALLEY WATER COMPANY. 

Be it enacted, etc., asfolloros: 

Section 1. Elizur Smith, Wellington Smith and. 
DeWitt S. Smith of the town of Lee, their associates 
and successors are hereby made a corporation by the 
name of The Pleasant Valley Water Company, for the 
purpose of furnishing the inhabitants of the village of 
Pleasant Valley, situated partly in said town of Lee and 
partly in the adjoining town of Lenox, with water for the 
extinguishment of tires and for domestic, sanitary and 
other purposes, with all the powers and privileges and 
subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter 
be in force applicable to such corporations. 

Section 2. The said corporation, for the purposes 
aforesaid may take by purchase or otherwise and hold the 
waters of a certain pond on land of the Smith Paper 
Company and the water of Sedgwick brook, so called, 
tributary to said pond within the limits of the town of 
Lenox and the water rights connected with any such 
sources, and also all lands, rights of way and easements 
necessary for holding and preserving such water and con- 
veying the same to any part of said above described vil- 
lage ; 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- 
ery 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 pri- 
vate 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 



1887. — Chapter 275. 905 

act, said corporation may dig up such lands and, under iiayaigup 
the direction of the board of selectmen of the town in dTrecUmiof 
which such ways are situated, may enter upon and di«; »<^'''«^'"®"- 
up any su'ch ways in such manner as to cause the least 
hindrance to public travel on such ways. 

vSectiox 3, The said corporation shall, within sixty To record in 
days after the taking of any lands, rights of way, water iie'ed« wiihin 

I i i i L' ■ 1 ii • BIX V days a 

rights, water sources or easements as aioresaid, otherwise descripifon of 
than b}^ purchase, file and cause to be recorded in the Jaken"'^' '^'*'" 
registry of deeds for the county and district w^ithin which 
such lands or other property is situated, a description 
thereof sufficiently accurate for identification, with a state- 
ment of the purpose for which the same were taken, signed 
by the president of the corporation. 

Section 4. The said corporation shall pay all dam- corporation to 

1 . ^ ."^ piiy all dam- 

ages sustamed by any person or corporation in property ages. 

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 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 ex})iration of 
said three 3 ears. No application for assessment of dam- 
ages shall be made for the taking of any water, water 
right, or for any injury thereto, until the water is actually 
withdrawn or diverted by said corporation, under the 
authority of this act. 

Section 5. The said corporation may distribute water Mayreguiate^ 
through said village of Pleasant Valley, may regulate the andfixand'^ 
use of said water, and fix and collect rates to be paid for rates!' ^^ ^"^ 
the use of the same, and may make such contracts with 
any individual or corporation to supply water for the 
extinguishment of fire or for other })urposes as may be 
agreed upon by any individual or corporation and said 
cor|)oration. 

Section H. The said corporation may, for the pur- Real estate and 
poses set forth in this act, hold real estate not exceeding ^'^^^^ *'"'' 
in amount two thousand dollars ; and the whole capital 



'906 



1887. — Chapters 276, 277. 



Penalties for 
corrupting 
water or 
injuring prop- 
erty. 



Work to be 
•commenced 
within three 
years. 



stock of said corporation shall not exceed four thousand 
dolhirs, to be divided into shares of one hundred dollars 
each . 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the 
authority and for the purposes of this act, shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort, 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 8. This act shall take effect upon its passage, 
but shall become void unless work under said act is com- 
menced within three years from the date of its passage. 

Ap2:)7'oved May 16, 1887. 



•Chap.2i7G An Act to further amend section twenty-three of chapter 

ONE hundred and FOUR OF THE PUBLIC STATUTES IN RELATION 



Inspectors of 
factories, etc. 
Amendment to 
P. 8. 104, § 23. 



Repeal. 



TO THE AUTHORITY OK 
BUILDINGS. 



INSPECTORS OF FACTORIES AND PUBLIC 



Be it enacted, etc., asfoUoivs: 

Section 1. Section twenty-three of chapter one 
hundred and four of the Public Statutes is hereby 
amended so as to read as follows : — The authority of the 
inspectors mentioned in section thirteen of this chapter to 
enforce the provisions of sections fourteen to twenty-two 
inclusive shall not extend to the city of Boston. 

Section 2. Chapter two hundred and nineteen of the 
acts of the year eighteen hundred and eighty-seven is 
hereby repealed. 

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

Approved May 16. 1887. 



CJiaj) 



.277 ^'^ ^^'^ "^^ ENABLE PUBLIC WAREHOUSEMEN TO COLLECT THEIR 
CHARGES UPON PROPERTY DEPOSITED WITH THEM BY THE SALE 
THEREOF. 



Be it enacted, etc. , as folloivs : 

ch2!rsel°Pot^ Section 1. Evciy public warehouseman, who shall 

storage by pub- havc lu his posscssiou auv property by virtue of any 

He warehouse- •• , *^'^.'^^*^,"^ /•! 

men. agreement or warehouse receipt tor the storage ot the 



1887. — Chapter 277. 907' 

same, on which a claim for storao-e is at least one year 
overdue, may proceed to sell the same at public auction, 
and out of the proceeds may retain the charges for storage 
of said goods, wares and merchandise, and any advances 
that may have been made thereon by him or them, and 
the expense of advertising and sale thereof; but no sale NoUoetobe 
shall be made until after the giving of a printed or written uon "f saief"' 
notice of such sale to the person or persons in whose 
name such goods, wares and merchandise were stored, 
requiring him, her or them, naming them, to pay the 
arrears or amount due for such storage, and in case of 
default in so doing that such goods, wares and merchan- 
dise will be sold to pay the same, at a time and place 
to be specified in such notice. 

Section 2. The notice required by the last preceding 
section shall be served by delivering it to the person 
storing the same, or by leaving it at his usual place of 
abode, if within the Commonwealth, at least sixty days 
before the time of such sale, and a return of the service 
shall be made by some officer authorized to serve civil 
process, or by some other person, with an affidavit of the 
truth of the return. If the party storing such goods 
cannot wMth reasonable diligence be found within the 
Commonwealth of Massachusetts, then such notice shall be 
given by publication once in each week for three succes- 
sive weeks the last publication to be at least thirty days 
before the time of such sale, in a newspaper published in 
the city or town where such warehouse is located, or if 
there is no such paper, in one of the principal newspapers 
published in the county in which said city or town is 
located. In the event that the party storing such goods 
shall have parted with the same, and the purchaser shall 
have notified the warehouseman, with his address, such 
notice shall be given to such person in lieu of the person 
storins: the o-oods. 

Section 3. Such warehouseman shall make an entry, wareiioueemaft 
in a book kept for that purpose, of the balance or surplus b^ok'surpius of 
of the proceeds of the sale, if any, and such balance or and^pay'thl ^"'^ 
surplus shall be paid over to such person or persons "ame into th^ 

• 111 1 T -I • i> 111 treasury of the 

entitled thereto on demand; and it such balance or commonweaiiiu 
surplus is not called for or claimed by said party or 
owner of said property within six months after such sale, 
such balance or surplus shall be paid by such warelujiise- 
man to the treasurer of the Commonwealth, who shall pay 



908 • 1887. — Chapter 278. 

the same to the parties entitled thereto, if called for or 
claimed by the rightful owner within live years after the 
receipt thereof; and such warehouseman shall, at the 
same time, file with said treasurer an affidavit, in which 
shall be stated the name and place of residence, so far as 
the same are known, of the person whose property has 
been sold, the articles sold and the prices at which they 
were sold, the name and residence of the auctioneer mak- 
ing the sale, together with a copy of the n tice served or 
published, and how served. Such notice and affidavit, 
when tiled as above provided, shall be admitted as evidence 
of the giving of the notice. Apjyroved May 16, 1887. 

{JhaV.2i7S ^^ ■^^''^ '"'^ AUTHORIZE TUE BOSTON AND h<nVELL RAILUOAD COIJ- 
PORATION TO ACQIIKE THE FRANCHISES AND PROPEUTr OF TUE 
MYSTIC RIVER COUP01£ATION, THE OCEAN TERMINAL RAILROAD 
COMPANY, AND THE OCKAN TERMINAL RAILROAD DOCK AND 
ELEVATOR COMPANY. 

Be it enacted, etc., os follows: 
Boston and Sectiox 1. The Bostou and LowcU Railroad Corpora- 

LowfU Riulroad i 

Corporation tlou, for tlic purposcs and upon the terms and conditions 
piopiriy, eic, sct lorth HI this act, may acquire by purchase at any tune 
RivVr' Corpora- bcforc the tir-t day of tJuly in the year eighteen hundred 
tion, etc. ,^jj^l eighty-eight the lands, wharves, piers, docks, rights, 

privileges, franchises and other property of the Mystic 
lliver Cori)oration, the Ocean Terminal Kailroad 
Company, and the Ocean Terminal Railroad Dock and 
Elevator Company, and the three last named corporations 
may severally sell and convey the same within the time 
aforesaid to said tirst named corptn'ation, upon terms 
agreed by the directors of said corporations respectively. 
The Boston and Lowell Kailroad Corporation shall be sub- 
ject, in res[)cct to the property, rights, privileges and 
franchises so acquired, to all the duties, liabilities and 
restrictions to which the corporations transferring the 
same are severally subject at the time of the transfer, and 
may hold, improve, use and enjoy the same for the pur- 
poses, and shall have in respect thereto the powers and 
privileges, authorized and provided in the general laws 
Proviso. relating to railroad corporations : provided, hoivever-, that 

said Boston and Lowell Railroad Coiporation shall not 
hereafter lay or maintain any railroad tracks across 
Chelsea bridire or Chelsea bridije avenue, from the 
property acquired under this act, in addition to those 



1887. — Chapter 278. 909 

already laid, without first obtaining the consent of the 
boards of aldermen of the cities of Boston and Chelsea, 
and of the board of raih-oad commissioners, after such 
public notice and hearing as said boards shall order. The 
present location of the Ocean Tern)inal Raih-oad Company 
is hereby confirmed, and the time for completing its rail- 
road is hereby extended to the first day of July, eighteen 
hundred and eighty-eight 

Section 2. In case of the transfer as aforesaid of the Boston and 
property, rights, privileges and franchises of the Mystic con>o'!-.aioi'^no't 
River Corporation, inchiding the rights which have been gaUmm\mpo^sed 
granted by the Commonwealth to that corpoiation in and "'?"" ^i*'*'''' 
to the lands and flats lying between the north and south uon. 
channels of Mystic river in the city of Boston, nothing in 
this act shall be construed as in any manner relieving the 
Boston and Lowell Railroad Corporation from any condi- 
tion, limitation, duty or obligation imposed on said Mystic 
River Corporation by the provisions of the several acts 
relating and applicable to that corporation, in respect to 
the time, place, extent and manner of enclosing, filling, 
excavating and otherwise improving said lands and flats 
and the channels, shoals and flats adjacent thereto ; but 
the said Boston and Lowell Railroad Corporation, its suc- 
cessors and assigns, shall acquire, hold and improve the 
said property, rights, privileges and franchises subject to 
all of the said conditions and limitations, and shall be 
deemed and held to have assumed all of the said duties 
and obligations which, at the time of the transfer, rest on 
the said Mystic River Corporation. 

Section 3. The said Mystic River Corporation, Ocean mvsUc River 
Terminal Railroad Company, and Ocean Terminal Railroad eic?t*o'cV.ase to 
Dock and Elevator Company, upon the conveyance of their veyance oV°°" 
property, rights, privileges and franchises as aforesaid, property. 
shall severally cease to exist as corporations, subject, 
however, to the provisions of section f()rt\'-one of chapter 
one bundled and five of the Public Statutes. 

Section 4-. The Bi^ston and Lowell Railroad Corpo- Boston and 
ration may increase its capital stock b}^ such amount, not con,orai?.n'^°*"* 
to exceed three hundred and fifty thousand dollars, as "ap^'ta^'^'tock! 
may be necessary to carry into .effect the provisions of 
this act, subject to the provisions of the general laws 
a})plicable to such increase. 

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

Approved May 16, 1S87. 



910 



1887. — Chapters 279,f 280. 



CJiap 



7?. 279 ^^ ^^'^ '^^ PROVIDE FOR THE RE-LOCATION OF THE DRAW IN THE 
BRIDGE OF THE PLUM ISLAND TURNPIKE AND BRIDGE COR- 
PORATION ACROSS PLUM ISLAND RIVER IN THE TOWN OF 
NEWBURY. 



Draw to be 
built in bridge 
across Plum 
Island river in 
Newbury. 



Subject to ap- 
proval of harbor 
and land com- 
misBioners. 



Present draw 
may be discon- 
tinued. 



Be it enacted, etc., as foUotvs : 

Section 1. The Plum Island Turnpike and Bridge 
Corporation shall forthwith build and maintain a draw, 
with a clear opening of not less than thirty feet in width, 
in its bridjje across Plum island river in the town of 
Newbury, in such new location, with reference to the 
present deep channel of said river, as will best accommo- 
date the navigation thereof. The plans for the location 
and construction of said draw and its ap{)urtenances shall 
be subject to the approval of the board of harbor and land 
commissioners before the work is begun. Said draw shall 
be suitably lighted at night, and shall be raised whenever 
necessary for the passage of vessels and boats free of toll 
through the same. 

Section 2. Said corporation may, upon building the 
draw required by the preceding section, discontinue its 
present draw in said bridge. 

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

Approved May 16, 1887. 



Chap. 



280 An Act to amend section four of chapter seventy-four of 
the public statutes in relation to the employment of 
minors and women in manufacturing and mechanical 
establishments. 

Be it enacted, etc, as follows: 

Section 1. Section four of chapter seventy-four of 



Hours of labor 
for minors and 

women in ^jjg Public Statutcs is hereby amended in the third, fourth 

manufacturing ^, c-n • i •!• i 

and mechanical auQ fifth lincs of said scctiou by strikino; out the words 
" when it is necessary to make repairs to prevent the in- 
terruption of the ordinary running of the machinery," and 
by inserting in place thereof the words : — as hereinafter 
provided in this section, — in the eleventh line of said 
section after the word " week" by inserting the words: 
— the hours of commencing and stopping such work, and 
the hours when the time or times allowed for dinner or 
for other meals begins and ends, or in the case of estab- 
lishments exempted from the provisions of chapter two- 
hundred and fifteen of the acts of the year eighteen hun- 



1887. — Chaptek 280. 911 

-dred and eighty-seven, the time, if any, allowed for dinner 
tind for otiior meals ; the printed form of such n itice shall 
be furnished hy the chief of the district police, and shall 
be approved by the attorney-general, — and at the end of 
said section after the word " employment" by adding the 
foUowmg : — But no stopping of machinery for a shorter 
continuous time than thirty minutes shall authorize such 
over time employnii nt, nor shall any such stopping 
authorize such em[)loyment unless or until a wiitlen 
report of the day and hour of its occurrence, with its 
duration, is sent to the chief of the district police or to 
the inspector of factories for the district. Any p rson 
who makes a false report of such stopping of machinery 
shall be punished by tine of not less than fifty nor more 
than one hundred dollars, — so that the sai(l section as 
amended hereby and by chapter one hundred and tifty- 
seven (<f the acts of the year eighteen hundred and eighty- 
three and by section four of chapter two hundred and 
seventy-five of the acts of the year eighteen hundred and 
eighty-four shall read as follows: — No minor under 
eighteen years of age and no woman shall be emplo^^ed in 
laboring in any manufacturing or mechanical estal)lishment 
more than ten hours in any one day, except as hereinafter 
provided in this section, or when a different apportion- 
ment of the hours of labor is made for the sole purpose of 
making a shorter day's work for one day of the week ; 
and in no case shall the hours of labor exceed sixty in a 
week. Every employer thall post in a conspicuous place Kotioetobe 
in every room where such persons are employed a printed {•'"ont'of'num-'^^ 
notice stating the numl)er of hours' work required of them ubV/requVred.^ 
on each day of the week, the hours of com uencinij and 
stopping such work, and the hours when the time or limes 
allowed foi- dinner or for other meals begins and ends, or 
in the case of establish uients exempted from the provi- 
sions of chapter two hundred and fifteen of the acts of the 
year eighteen hundred and eighty-seven, the time, if any, 
allowed for dinner and for otlier meals ; the printed Ibrm 
of such notice shall l)e furnished l)y the chief of the dis- 
trict police, and shall be approved by the ;ittorney-general ; 
and the employment of any such person for a longer time 
in any day than that so stated shall he deemed a violation 
of thi< section, uidess it a[)[)ears thit such employment is 
to make up for tune lost on some prt'vious day of the 
5ame week in consequence of the stopping of machinery 



912 



1887.— Chapter 281. 



Penalty for 
making felse 
report. 



Repeal. 



upon which such person was employed or dependent for 
emph)yment. But no stopping of machinery for a shorter- 
continuous time than thirty minutes shall authorize such; 
over time employment, nor shall any such stopping 
authorize such employment unless or until a written 
report of the day and hour of its occurrence, with its 
duration, is sent to the chief of the district police or to- 
the inspector of factories for the district. Any person 
who makes a ftilse report of such stopping of machinery 
shall be punished by fine of not less than fifty nor more 
than one hundred dollars. If any minor under eighteen 
years of age, or any woman, shall, without the orders, 
consent or knowledge of the employer, or of any superin- 
tendent, overseer, or other agent of the employer, labor 
in a manufacturing or mechanical establishment during 
any part of any time allowed for dinner or for other meals 
in 8uch estal)lishnient, according to the notice above 
mentioned, and if a copy of such notice was posted in a 
conspicuous place in the room where such labor took 
place, together with a rule of the establishment forbidding 
such minor or woman to labor during such time, then 
neither the employer, nor any superintendent, overseer, 
or other agent of the employer, shall be held responsible 
for such em})loyment. 

Section 2. Chapter ninety of the acts of the year 
eighteen hundred and eighty-six is hereby repealed. 

Apjjroved May 17, 1887. 



Ch(lV.2.S\ -^^ ^^'^ '^^ AMEND SECTION ONE OF CHAPTER ONE HUNDRED AND 
SEVENTY-EIGHT OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED 
AND EIGHTY-FIVE, RELATING TO THE MUNICIPAL DEBT OF AND 
RATE OF TAXATION IN THE CITY OF BOSTON. 

Be it enacted, etc., asfolloivs: 

Section 1. Section one of chapter one hundred and 
seventj^-eight of the acts of the year eighteen hundred 
and eighty-five is hereby amended by inserting after the 
word " tax " in the second line, the words : — and county 
tax not exceeding four hundred and twenty-five thous;ind. 
dollars. 

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

Approved May 17, 1887. 



Limit of taxa- 
tion in the city 
of Boston. 



1887. — Chapter 282. 913 



(7Aap.282 



An Act in fukther amendment of an act to authorize the 
cities of boston and cambridge to construct and maintain 
a bridge over charles river. 

Be it enacted, etc., as follows : 

Section 1. 'Ihe mayor of the city of Boston for the Bridge across 
time being, the mayor of the city of Cambridge for the betwien cYm. 
time being, and one discreet person to be appointed by Bostln""*^ 
them, who shall hold his office until removed by the con- 
current action of both of said mayors, shall constitute a 
board of commissioners, and in case said mayors fail to 
appoint said third commissioner, upon the request of 
either of them, the governor by and with the advice and 
consent of the council shall appoint said third commis- 
sioner, and said board is hereby authorized and required 
to construct a bridge and avenue across Charles river, 
between West Chester park, in Boston, and Front street 
extended, in Cambridge, substantially in accordance with 
plans prepared by the city engineer of the cit}' of Boston, 
dated December, eighteen hundred and eightj^-four, and 
approved b^^the city councils of said cities ; subject, how- 
ever, to the approval of said plans by the board of harbor 
and land commissioners, and subject to the provisions of 
chapter one hundred and fifty-five of the acts of the year 
eighteen hundred and eighty-two, and chapter one hundred 
and twenty-nine of the acts of the year eighteen hundred 
and eighty-five, except so for as said acts are modified by 
this act ; and it shall be the duty of each of said cities to 
raise and, upon the requisition of said commissioners, to pay 
one-half of the expenses incurred in building said bridge 
and avenue between the harbor lines as now established 
by law on said river, including the draw and draw-piers. 

Section 2. The city of Boston, in order to defray its Boston may 
share of the cost of building said bridge, is authorized to l°7xclmor^ 
raise not exceeding two hundred and fifty thousand dol- {j™jaw"°'^®'^ 
lars, by loan, in excess of the limit prescribed by law. 

Section 3. Said commissioners, with the approval of ^'""be^**''^*^^ 
the boards of aldermen of the two cities, and of the board changed, 
of harbor and land commissioners, and subject to the pro- 
visions of chapter one hundred and fifty-five of the acts 
of the year eighteen hundred and eighty-two, may change, 
alter and modify the plans of said bridge. 

Section 4. The boards of aldermen of said cities may Running of 
b}^ concurrent vote authorize the running of street cars bVidg' 



street care over 
e. 



914 



1887. — Chapter 283. 



over said bridge, and may set apart a portion of said 
bridge for tlie special use of street cars on such condi- 
tions, and subject to sucti regulations as said boards may 
adopt. 

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

Approved May 18, 1887. 



Ohav.2tS3 ^^ ^^^ conceknino taxation of insurance companies. 
Be it enacted., etc., as foUoivs : 



Taxation of 
inBurance 
companies. 
Amendment to 
P. 8. 13, § 26. 



Amendment to 
P. S. 13, § 34. 



Sectiox 1. Section twenty-six of chapter thirteen of 
the Pul)lic Statutes is amended to read as follows : — 
tieotion 26. Every such corporation shall, annually, on 
or before the tenth day of May, make a return to the 
tax commissioner, signed and sworn to by its president 
and secretary, giving the number, date, and class of the 
policies so held, the age of the assured life, and the 
aggregate net value of each group requiring a separate 
computation to determine their net value and the com- 
bined aggregate. The tax conmiissioner shall, upon such 
return and such other evidence as he may obtain, assess 
and determine the amount to l)e paid hy such corporation 
under the requirements of the preceding section ; and the 
provisions of sections fifty-three and fift^^-uine shall apply 
to the determination of the amount, notification, and time 
of payment of assessments under the preceding section, 
exce})t that notification shall be made to the secretary or 
general agent of the company or association instead of to 
the treasurer. 

Section 2. Section thirty-four of chapter thirteen of 
the Public Statutes is amended to read as follows : — 
Section 34. Every company, which, by the provisions 
of section twenty-nine, is required to pay a tax, shall, 
between the first and fifteenth days of November in each 
year, cause to be made to the tax commissioner a return, 
signed and sworn to by its secretary or other ofiicer cog- 
nizant of the facts, which shall set forth the amount in- 
sured by said company, and the premiums received and 
assessments collected during the year ending with the 
thirty-first day of October then next preceding. Every 
company, corporation, association, or partnership, includ- 
ing associations formed upon the plan known as Lloyds, 
which is incorporated or associated by authority of any 
government other than this Commonwealth, doing or 



1887. — Chapter 283. 915 

authorized to do insurance business in the Commonwealth, 
shall, between the tirst and fifteenth days of November in 
each year, make to the tax commissioner, in such form as 
he shall prescribe, a return, signed and sworn to by its 
secretary, manager or other officer cognizant of the facts 
of the amount insured by it upon property or interests in 
this Commonwealth, and the premiums and assessments 
upon such insurance charged or received by it or its 
agents during the year ending with the thirty-tirst day of 
October then next preceding. Such returns shall contain 
a statement of the whole amount of premiums charged or 
received by or in behalf of said company, corporation, 
association, or partnership, either in cash or in notes 
absolutely payable, and the amount claimed as a deduc- 
tion therefrom, under any of the provisions of this chapter 
specifying the amount so claimed, and also the classes of 
deductions and amount of each class. Every agent of a Agent of a 

/• • • 1 r* i i" 1 • foreign insur- 

foreign msurance company, before transactmg any busi- ancecompany 
ness in this Commonwealth, shall tile with the treasurer of {."".'rVtrans^ 
the Commonwealth a bond with two sureties approved by acti."gany 
the insurance commissioner in the penal sum oi hve hun- 
dred dollars, conditioned that such agent shall, on or 
before the tifteenth day of November in each year, make 
return to the tax commissioner of all business transacted 
by him as such agent during the year ending with the 
thirty-tirst day of October then next preceding, in such 
form as the tax commissioner may prescribe ; and also 
that all the books, papers and accounts of his agency 
shall be open to the inspection of the tax commissioner at 
any time whenever he may deem it proper to verify the 
statement of transactions aforesaid. If any such agent 
shall refuse to submit the books, papers and accounts of 
his agency to such inspection, he shall be liable to a pen- 
alty of not less than fifty nor more than five hundred 
dollars, which may be recovered in a suit upon said bond, 
and the tax comn)issioner shall report such refusal to the 
insurance commissioner who shall thereupon cancel his 
certiticate of authoiity to such agent, and the certificate 
so cancelled shall not be renewed within one year there- 
after ; but only such agents of life or accident insurance 
companies are required to give bond as are not account- 
able to any other agent in the Commonwealth for pre- 
miums received. 

Section 3. Section thirty-seven of chapter thirteen p^^i'^j^la;'" 



916 1887. — Chapter 284. 

of the Public Statutes is amended by striking out the 
following words in the seventh, eighth, ninth and tenth 
lines thereof "and each agent of any such company, cor- 
poration, association, or partnership, incorporated or as- 
sociated by authority of any state or government other 
than this Commonwealth, shall also be liable for the 
amount assessed upon premiums and assessments received 
by him," and also by striking out the following words in 
the nineteenth, twentieth, twenty-first, twenty-second and 
twenty-third lines "Any return made or tax paid by 
an agent shall be a discharge, to that extent, of the com- 
pany, corporation, association, or partnership, from its 
liability to make return or pay a tax under the provi- 
sions of this chapter, contained in sections twenty-nine to 
thirty-seven, inclusive." 
T<' *^5? ^,??2* Section 4. This act shall take effect on the thirtieth 
day of June in the year eighteen hundred and eighty- 
seven. Approved May 19, 1887. 



June 30, 1S87. 



CJkXX) 284 "^^ ^^^ ^^ AUTHORIZE THE CITIZENS' STREET RAILWAY COMPANY OF 
WORCESTER TO PURCHASE THE FRANCHISE, RIGHTS AND PROPERTY 
OF THE WORCESTER STREET RAILWAY COMPANY AND TO CON- 
SOLIDATE WITH SAID COMPANY. 

Be it enacted, etc., as folloivs: 
Purchase SECTION 1. The purchasc bv the Citizens' Street 

ratified. 1^ " . , . . , 

Railway Company of Worcester of the franchise, rights 
and property of the Worcester Street Railway Company 
is hereby ratified. 
Namechanged SECTION 2. The name of the said Citizens' Street 

to the Worcester _^ .. ^^ • i i i t«t- 

consoiidated Railway Company is hereby changed to the Worcester 
Company! ^^^ Consolidated Street Railway Company, and said com- 
pany shall have all the powers and privileges, and be 
subject to all the duties, lial)ilities and restrictions, except 
as hereinafter provided, which the Worcester Street Rail- 
way Company, by its act of incorporation possessed or 
was subject to, and also be subject to all general laws 
which now are or hereafter may be in force relating to 
street railways. 
May Issue bonds SECTION 3. Said Woi'cester Consolidated Street Rail- 
$150,000. way Company, by a vote 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 ex- 
ceeding one hundred and fifty thousand dollars ; and to 
secure the payment thereof with interest thereon the 



1887. — Chapter 285. 917 

«ai(l company may make a mortgage of its road and fran- 
chise and any part or all of its other property, and may 
include in such mortgage property thereafter to be ac- 
quired. 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 mort- 
gage which may become worn, damaged or otherwise 
unsuitable to be used in the operation of its road, pro- 
vided that an equivalent in value be substituted in lieu 
thereof. 

Section 4. All bonds issued shall first be approved Bonds to be 

I i approved and 

by some person appointed by the corporation for that pur- cenitted. 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

Section 5. The said Worcester Consolidated Street t? perform aii 

T-.'i /^ 111 i> 111 •!• Stipulations 

Kailway Company shall pertorm all the stii)ulations imposed on tho 

J 4.U -J i^-4.- ' 04- 4- -D -1 i^ Citizens' Street 

imposed on the said Citizens Street Kailway Company as Railway com- 
a condition on wdiich the location of said railway in the ^''"^' 
several streets of the city of Worcester was granted by 
the board of aldermen of said city, within the time as 
extended by the order of said board of aldermen. In 
•case of the neglect or refusal of said company to per- 
form the said stipulations the supreme judicial court or 
any justice thereof, upon petition of the board of alder- 
men of the city of Worcester, may by proper deciee 
require said company to perform the same. 

Section 6. This act shall take effect upon its passage. 

Approved May 19, 1887. 

An Act to authorize the county commissioners of Bristol rij.f.^ Osifj 

COUNTY to acquire LAND, AND ERECT A COURT HOUSE THEREON ■*■ ' 

IN THE CITY OF FALL RIVER. 

Be it enacted, etc., as folloios : 

Section 1. The county commissioners of the county commissioners 
of Bristol are hereby authorized and required to take and coumy may take 
hold, by purchase or otherwise, so much land as the}' may p,\",'|./\",'^ugeTn 
deeui necessary in the city of Fall Hiver, for the erection Faii River. 
thereon of a court house for the use of the courts of the 
Commonwealth within and for the county of Bristol, and 
•other purposes incidental thereto, and for a court house 
yard for the same, and to erect thereon a court house. 

Section 2. Said commissioners for said purposes May borrow 
may borrow on the credit of said count}'^ a sum not ex- fxpense n^^t^if 
■ceeding seventy-five thousand dollars, and shall expend "'=^^*^ ^^'^•"^''*'- 



918 1887. — Chapter 286. 

in all a sum not exceeding one hundred thousand dol- 
lars. 
Tofiieinthe SECTION 3. Said Commissioners shall Avithin thirty 

regiptrv of deeos , ,. , , , i i ii ^ i i 

ad.^^criptiotiof da} s irom the time when they shall take any parcel or 
the laud taken, pj^j.^^^jg ^j" ].,i^(^|^ uudcr this act, tile in the registry of 

deeds of Bristol county lor the northern di.>trict, a 
description of the land so taken, as certain as is required 
in a common conveyance of land, with a statement of the 
purposes for which it is taken, \\hich description and 
statement shall be signed by said commissioners or a 
m;ijor part of them ; and the title to such land shall vest 
in the county of Bristol irom the time of such tiling. 
DamagPBtobe SECTION 4. All damaocs sustained by the owner or 

paid by the ^ i n i • i i i 

county. owners ot land so taken, shall be paid by the county,, 

and if said commissioners fail to agree u})on such dam- 
ages, with ihc owner or owners, the same maybe assessed, 
and determined by a jury in the manner, and on the con- 
ditions provided b}' law in the case of laying out town 
ways, upon application therefor made within one year 
from the time of such tiling. 

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

Approved May 19, 1887. 



Chap.286 



An Act concerning partition of lands. 
Bp. it enacted, etc., as fjllo'vs : 

wl"°°°^ Section 1. In cases of partition of lands by sale, 

division or otherwise, where it appears that any part of 
such lands belongs to persons having difl'erent interests 
therein, so that an estate for life or for a term of years 
belongs to one person, and remainders therein are devised 

Probate court or limited to other persons, the probate court of the 

uustee.^"'"* * county in which the proceedings are pending may on- 
petition of any party interested therein appoint a trustee, 
to receive, hold, manage and invest any distributive 
share of the money arising from such partition to which 
such persons may be entitled, the annual income to be 
paid over to the person in whom was the estate for life, 
or terra of years, for the period such estate might have 
continued, and the principal, after the termination of 
such estate, to the persons to whom such remainders- 
were devised or limited, when they can be ascertained 

Trustee to give and are entitled thereto. Whoever is appointed a trustee 
for the foregoing purposes shall before entering upon the 



1887. — Chapters 287, 288. 919 

duties of his trnst give to the judge of the probate court 
a bond with sufhoient surety or sureties, and in such penal 
sum as the said judge may direct, conditioned for the 
faithful })erfoimance of his duties; and such bond upon Bond may be 
breach of its condition may be put in suit, by order broach''ofcon.°"' 
of the probute court, for the use and benefit of the persons *^'"""" 
interested in the trust property in like manner as is {iro- 
vided in case of bonds given by executors or adminis- 
trators. 

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

Approved May 19, 18S7. 

An Act to incokporate the boston atuletic association. Ch(ll).2ST 
Be it enacted, etc., as follows: ^ [V j 

Section 1. Augustus P. Martin, Arthur Ilunnewell, Asm.ci'audn'^*''' 
Robert F. Clark, William Appleton, Dudley L. Pickman, i"corporated. 
Henry Parkman, John O. Shaw, Jr., Lawrence Tucker, 
Francis L. Higginson, J. Bo^de O'Keilly, E. IvoUins 
Morse, Maurice H. Richardson, Thomas Nelson, Harrison 
G. Otis, George W. Heals, Richard D. Sears and George 
B. Morison, their associates and successors are made a 
corporation by the name of the Boston Athletic Asjsocia- 
tion, for the purpose of maintaining a club-house for social 
purposes and for the encouragement of athletic exercises, 
and maintaining a 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 noAv are or may hereafter be in force applicable to 
such corporations. 

Section 2. Said corporation for the purpose afore- Real and per- 
said may hold real and personal estate to an amount not *°°*' ^"***' 
exceeding three hundred thousand dollars. 

Section 3. This act shall take eii'ect upon its passage. 

Approved May 19, 1887. 

An Act to amend the charteu of the Gloucester water Hhfn^ 288^ 

SUPPLY company. -^ 

Be it enacted, etc., asfoUotvs: 

Section 1. Section four of chapter one hundred and a^Hmf^d 
sixty-seven of the acts of the year eighteen hundred and issi, le-, §4. 
eighty-one is hereby amended by adding at the end of 
said section the following words : — or at any regular 
municipal election ; and the warrant for notifying such 



920 1887. — Chapters 289, 290, 291. 

meetings if called specially as aforesaid shall specify 
when the polls shall be oi^ened for the purpose of voting 
and when they shall be closed. 

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

Aj)2)roved May 19, 1887. 

Chap.2S9 ^^ ^^'^ ^^ RELATION TO THE COMPENSATION OF ARBITRATORS 
APPOINTED UNDER CHAPTER ONE HUNDRED AND EIGHTY-EIGHT 
OF THE PUBLIC STATUTES. 

Be it enacted, etc., asfolloios: 

STrbkmor" Section 1. Section one of chapter fifty-one of the 

p^ s^.'isl!^ "°*^^'^ acts of the year eighteen hundred and eighty-six is hereby 

1886, 51, §1. amended by inserting after the word " courts " in the 

eighth line thereof the following: — and shall award 

reasonable compensation to arbitrators appointed under 

the provisions of chapter one hundred and eighty-eight of 

the Public Statutes upon whose awards judgment is entered. 

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

Approved May 19, 1887. 

Chap.lQO -^^ -'^CT LIMITING THE RIGHT OF MARRIED AVOMEN TO DISPOSE OF 

REAL ESTATE BY WILL. 

Be it enacted, etc., as follows : 

p.'8^°2m"i.*° Section 1. Section one of chapter one hundred and 
twenty-four of the Public Statutes is hereby amended by 
striking out the word " intestate " in the eighth line of said 
section. 
p.'8!"i4T,76,*° Section 2. Section six of chapter one hundred and 
a^gamepded by forty-scvcn of the Public Statutes as amended by chapter 
two hundred and fifty-five of the acts of the year eighteen 
hundred and eighty-five, is further amended by inserting 
at the end of the first paragraph thereof, the words follow- 
ing : — or of her real estate not exceeding five thousand 
dollars in value, where no issue survives her. 

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

Approved May 19, 1887. 

Chctp.^iOli -^N -'^CT ENLARGING THE DUTIES AND REGULATING THE SALARY OP 
THE CLERK OF THE SUPREME JUDICIAL COURT IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as follows: 

fitiTe'd **'''^" Section 1. Sections twenty-eight and twenty-nine of 

p.s. i59, §§ 28, chapter one hundred and fifty-nine of the Public Statutes 



1887. — Chapter 292. 921 

are hereby amended by striking therefrom all that rehites 
to the clerk of the supreme judicial court in the county of 
Suffolk, and by adding to section twenty-nine as thus 
amended, the following words, to wit : — The clerk of the 
supreme judicial court in the county of Suffolk shall receive 
an annual salary of five thousand dollar