Skip to main content

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

See other formats 


ACTS 


AND 


RESOLVES 


PASSED  BY  THE 


€«i«r<il  (|am*t  of  ^m^u\xmtii% 


IN  THE  YEAR 


1888, 


TOGETHER  ^V^TH 

THE  CONSTITUTION,  THE  [MESSAGES  OF  THE  GOVERNOR, 

LIST  OF  THE  CIVIL  GOVERNMENT,  TABLES  SHOWING 

CHANGES  IN  THE  STATUTES,  CHANGES  OF 

NAVIES  OF  PERSONS,  ETC.,  ETC. 


PUBLISHED  BY  THE 
SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON : 

WRIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

No.  18  Post  Office  Square. 

1888. 


A   (X)NSTITUTION 


FORM    OF    GOVERNMENT 


Commontoealtb  of  Massacljusctts. 


PREAMBLE. 

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

The  body  politic  is  formed  by  a  voluntary  association  Body  pontic, 
of  individuals  :  it  is  a  social  compact,  hy  which  the  whole  itsTuuu™!  ' 
people  covenants  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  connuon  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 


CONSTITUTlOxX   OF  THE 

an  original,  explicit,  and  solemn  compact  with  each  other; 
and  of  forming  a  new  constitution  of  civil  government, 
for  om'selves  and  posterity ;  and  devoutly  imploring  His 
direction  in  so  interesting  a  design,  do  agree  ui)on,  ordain, 
and  establish,  the  following  Declaration  of  Iiif///t.^,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OF  Massachusetts. 


PART    THE    FIRST. 

A    Declaration    of  the    Jiig/its  of  the  InJiahitants  of  the 
Gommonicealth  of  MassacJi  usetts. 

Equality  and  ARTICLE  I.      All  men  are  born  free  and  equal,  and  have 

all  men.  Certain  natural,  essential,  and  unaliena])le  rights;  among 

which  may  l)e  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  the  riijht  as  well  as  the  duty  of  all  men  in 

of  public  reh  .  itii  i  i-i 

gioiis  worship,    socicty,  publicly,  and  at  stated  seasons,  to  worship  the 
th°rein.'°"         SuPREME  Being,  the  great  Creator  and  Preserver  of  the 
i2^Aiieia!'i29.      univcrsc.      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  agreeal)le  to  the 
dictates  of  his  own  conscience;  or  for  his  religious  pro- 
fession of  sentiments ;  provided  he  doth  not  disturb  the 
pu1)lic  peace,  or  obstruct  others  in  their  religious  worship. 
^^™en^™ent  \\\^      [|As  the  liappincss  of  a  people,  and  the  good  order 

tutc'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  liicty,  religion,  and  morality  :    Therefore, 

powered  to  com-  i      •      i  •  i  i  i  i 

pel  provision  for  to  promotc  tlicir  happincss,  and  to  secure  the  good  order 
pu  icwors  ip,  ^^^^  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  })rovisi()n,  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  be  made  voluntarily. 

And  the  people  of  this  commonwealth  have  also  a  right  atrJIfd!inco^°'° 
to,  and  do,  invest  their  legislature  with  authority  to  enjoin  theieon. 
upon  all  the  subjects  an  attendance  upon  the  instructions 
of  the  ])ublic  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-  giourtea'chers' 
ties,  shall,  at  all  times,  have  the  exclusive  right  of  electing  «'''^"''^''- 
their  public  teachers,   and  of  contracting  with  them  for 
their  support  and  maintenance. 

And  all  moneys  paid  by  the  subject  to  the  support  of  ^.{^om°pTrochiai 
public  worship,  and  of  the  public  teachers  aforesaid,  shall,  taxes  may  be 
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-  ah  cipnomina- 
selves  peaceably,  and  as  good  subjects  of  the  commonwealth,  proiecte"L  ^ 
shall  be  equally  under  the  protection  of  the  law :  and  no  siujoidhmtion 
subordination  of  any  one  sect  or  denomination  to  another  of  <";«  «<^^t  to 

111  1  11-1111  -I  iiiiothcr  pro- 

shall  ever  be  established  by  law.]  hibited. 

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

V.     All  power  residing  originally  in  the  people,  and  Accountability 

1      .  1       '         1      />  11  1  i'  1    ol  all  ollicore, 

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

YI.     No  man,  nor  corporation,  or  association  of  men,  services ren. 
have  any  other  title  to  obtain  advantages,  or  particular  inii.Tic  being  the 
and  exclusive  privileges,  distinct  from  those  of  the  com-  pjiuihlrVdvi- 
inunit3-,  ^li^iw  what  arises  from  the  consideration  of  ser-  I'lns. ''.''edi- 
Vices   rendered   to   the   public;    and   this  title   being  m  "i>«imiaiid 
nature  neither   hereditary,  nor  transmissiljle  to  children, 
or  descendants,  or  relations  by  blood,  the  idea  of  a  man 


CONSTITUTION  OF  THE 


Objects  of  gov- 
ernment;    right 
of  people  to 
institute  and 
change  it. 


Right  of  people 
to  secure  rota- 
tion in  office. 


All,  having  the 
qualitications 
prescribed, 
equally  eligible 
to  office. 
For  the  defini- 
tion of"  inhabit- 
ant," see  Ch.  1, 
Sect.  2,  Art.  II. 
Right  of  protec- 
tion and  duty  of 
contribution 
correlative. 

Taxation  found- 
ed on  consent. 
It)  Mass.  a26. 
1  Pick.  418. 
7  I'ick.  344. 
12  IMck.  184,467. 
16  Pick.  87. 
23  Pick.  360. 
7  Met.  388. 
4  Gray,  474. 
7  Gray,  363. 
14  Gray,  164. 
1  All.n,  1.50. 
4  Allen,  474. 
Private  prop- 
■erty  not  to  be 
taken  for  public 
uses  without, 

6  Cush.  327. 
14  Gray,  155. 
16  Gray,  417, 
431. 


born    a   magistrate,    lawgiver,    or  judge,   is    ab.sard  and 
unnatural. 

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

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

IX.  All  elections  ought  to  be  free  ;  and  all  the  inhab- 
itants of  this  commonwealth,  having  such  qualitications  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  law\s.  He  is  obliged,  con- 
sequently, to  contribute  his  share  to  the  expense  of  this 
protection  ;  to  give  his  personal  service,  or  an  equivalent, 
Avhen  necessary  :  but  no  part  of  the  property  of  any  indi- 
vidual can,  with  justice,  ])e  taken  from  him,  or  api)lied  to 
public  uses,  without  his  own  consent,  or  that  of  the  repre- 
sentative body  of  the  people.  In  tine,  the  people  of  this 
commonwealth  are  not  controllable  by  any  other  laws 
than  those  to  which  their  constitutional  representative 
l)ody  have  given  their  consent.  And  whenever  the  pub- 
lic exigencies  require  that  the  property  of  any  individual 
should  be  appropriated  to  pul)lic  uses,  he  shall  receive  a 
reasonable  compensation  therefor. 


1  Allen,  150. 
n  Allen,  530. 
12  Allen,  223,  230. 


103  ISfass.  120,  624. 
106  Mass.  3o6,  362. 
108  Mass.  202,  213. 
Ill  Mass.  130. 


113  Mass.  45. 
116  Mass.  463. 
126  Mass.  42S,  441. 


127  Mass.  50,  52, 

358,363,  410,413. 
129  Mass.  559. 


Remedies,  by 
recourse  to  the 
law,  to  be  free, 
complete  and 
j>rouipt. 


100  Mass.  544,  510. 

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


COMMONWEALTH  OF   MASSACHUSETTS.  7 

completely,  and  without  any  denial ;  promptly,  and  with- 
out delay  ;  conformably  to  the  laws. 

XII.  No  subject  shall  be  held  to  answer  for  any  crimes  Prosecmiona 
or  offence,  until  the  same  is  fully  and  plainly,  substantially,  s'^Prcklm. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse,  Js  pick."  434. 
or  furnish  evidence  against  himself.  And  every  subject  '^2Uet\-^9^' 
shall  have  a  right  to  produce  all  proofs  that  may  be  12  cush.  246. 
favorable  to  him  ;  to  meet  the  witnesses  against  him  face  5  Gray',  I'm. 
to  face,  and  to  be  fully  heard  in  his  defence  by  himself,  lo^rayfii! 
or  his  counsel,  at  his  election.  And  no  subject  shall  be  o^^ielf/se^i^' 
arrested,  imprisoned,  despoiled,  or  deprived  of  his  prop-  2lo'\'64°43f' 
erty,  immunities,  or  privileges,  put  out  of  the  protection  473!"" 

of  the  law,  exiled,  or  deprived  of  his  life,  liberty,  or  QTuJl'm,' 
estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  ],joMass. 287, 
tbe  land.  foaMass. 4i8.' 

107  Mass.  172,  180.    118  Mass.  443,  451.    122  Mass.  332.    127  Mass.  550,  554. 

108  Mass.  5,  6.      120  Mass.  118,  120.   124  Mass.  464.    129  Mass.  659. 

And  the   leo-islature  shall  not  make  any  law  that  shall  ?^'g''Mot':'^!^y 

o  •     r  -1  ,      J"''y  '"  criminal 

subject  any  person  to  a  capital  or  iniamous  punishment,  cases,  except, 
excepting  for  the  government  of  the  army  and  navy,  with-  8  Gray,  .329, 373. 
out  trial  by  jury.  103  Mass.  4i8. 

XIII.  In  criminal  prosecutions,  the  verification  of  facts,  crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  viTinity!° 

est   securities    of  the  life,   lil^erty,   and  property   of  the  m  M\'8e!°6i,  62. 
citizen. 

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

111  1.^  /«!•  1.      and  seizure 

unreasonable    searches,  and  seizures,  ot    his  person,  his  regulated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  Araend°tiv.^ " 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  I  cusia^leg. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  IJ^^^^''^;., 

1    . /.     ,  1         .         1  .     •!  13  Gray,  4o4. 

mation,  and  it  the  order  111  the  warrant  to  a  civil  officer,  to  10  Aiien,403. 

,  ,     .  J.     1       1  j_  J  100  Mass.  136, 

make  search  in  suspected  places,  or  to  arrest  one  or  more  139. 
suspected  persons,  or  to  seize  their  property,  be  not  accom-  o?!^''^^'  "''^' 
paniedwith  a  special  designation  of  the  persons  or  objects 
of  search,  arrest,  or  seizure  :  and  no  warrant  ought  to  be 
issued  but  in  cases,  and  with  the  formalities  prescribed  by 
the  laws. 

XV.  In  all  controversies  concerning  iiroperty,  and  in  Right  to  tnai  by 

n  .,      T      ,  ,  ^   '^        '^ ,    ,    "^  .       jury  sacred,  ex- 

all  suits  between  two  or  more  persons,  except  m  cases  m  cept,  etc. 

which  it  has  heretofore  been  otherways  used  and  i)ractised,  An"cnd°t  vif.' 

the  parties  have  a  right  to  atrial  by  jury  ;  and  this  method  Tplek.lee.' 

of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  2  5t'"^' iii' 

.  1        1   •     1  11  1  .  ^   ^  Gray,  3(3. 

on  the  high  seas,  and  such  as  relate  to  mariners  wages,  iiAiieu,  574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  io2Ma88.45, 

114  Mass.  388,  390.       122  Mass.  505,  516.       125  Mass.  182,  188.       ^'* 
120  Mass.  320,  321.       123  Mass.  590,  593.       128  Mass.  600. 


8  CONSTITUTION   OF  THE 

Li^^Jtyofthe  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. 

Righttokecp         XVII.     The  people  have  a  risht  to  keep  and  to  bear 

and  bear  arms.  li  ®4i  •• 

Btandiua: armies  amis  for  tlic  comuiou  deiencc.  And  as,  hi  time  ot  peace, 
itaryp^wersub-  amiies  are  dangerous  to  liberty,  they  ought  not  to  be 
5  GrayVi2i""'"  maintained  without  the  consent  of  the  legislature ;  and 
the  military  poAver  shall  always  l)e  held  in  an  exact  subor- 
dination to  the  civil  authority,  and  be  governed  by  it. 
Moral  quaiuica-       XVIII.     A   frcouent    rccurrencc   to   the    fundamental 

tions  for  ollice.  .        .     ,  .      ,  ^  .         .  ,  11 

prmciples  oi   the  constitution,  and  a  constant  adherence 
to  those  of  piety,  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve  the 
advantages  of  lil)erty,  and  to  maintain  a  free  government. 
The  i)eople  ought,  consequently,  to  have  a  particular  atten- 
tion to  all  those  principles,  in  the  choice  of  their  officers 
Moral  obiiga-     and  representatives  :  and  they  have  a  right  to  require  of 
erTand  inrgfsl"  tlicir   lawgivcrs  aud   magistrates   an    exact  and  constant 
trates.  obscrvancc  of  them,  in  the  formation  and  execution  of  the 

laws  necessary  for  the  good  administration  of  the  common- 
wealth. 
Right  of  people       XIX.     The  people  have  a  right,  in  an  orderly  and  peace- 
resentaiives  and  able  maimer,  to  asscmblc  to  consult  upon  the    common 
petuion  egisa-  g.^^ j  ,  g.j^^^  instructious  to  their  representatives,  and  to 
request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done 
them,  and  of  the  grievances  they  suffer. 
Power  to  SUB-         XX.     The  ])ower  of  suspeudiug  the  laws,  or  the  execu- 

pend  the  laws  or  /.ii  1  -iiii 

thuir  execution,  tioii  of  tlic  laws,  ouglit  ucvcr  to  bc  excrciscd  but  l)y  the 
legislature,  or  by  authority  derived  from  it,  to  be  exercised 
in  such  particular  cases  only  as  the  legislature  shall  ex- 
pressly provide  for. 

Freedom  of  de-       XXI .     The  frecdom  of  deliberation ,  speech ,  and  debate, 

bate,  etc.,  and  fii-i  •  -i  1 

reason  thereof,  jn  cithcr  housc  oi  tlio  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. 

Froqnctit  BC9.  XXII.     Thc  lo2:islature  ouirht  frequently  to  assemble 

Bions,  and  ob-        „         ,  ,  /.         •  c  •  \l  1         • 

jecia  thereof,      for  thc  rcdrcss  or  grievances,  lor  correcting,  strengthening, 

and  confirming  the  laws,  and  for  making  new  laws,  as  the 

common  good  may  require. 
Taxation fonnd-      XXIIl.     No   subsidy,   cliargc,  tax,  impost,  or  duties 
8 Allen, 247.  '     ought  to  bc  cstabli-shecl,  fixed,  laid,  or  levied,  under  any 

pretext  w^hatsoever,  without  the  consent  of  the  people  or 

their  representatives  in  thc  legislature. 


COMMONWEALTH   OF  MASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  Export /,icto 
the  existence  of  such  laws,  and  which  have  not  been  de-  \TA\u-a^'l2h^' 
cUired  crimes  by  preceding  hiws,  are  unjust,  oppressive,  424.423,434. 
and  inconsistent  with  the  fundamental  principles  of  a  free 
government. 

XXV.  No  subject  ought,  in  any  case,  or  in  any  time,  Legislature  not 
to  be  declared  guilty  of  treason  or  felony  by  the  legisla-  lreasou!''etc. 
ture. 

XXVI.  No  magistrate  or  court  of  law  shall  demand  J?,j^f°^.^;,';[eme'i' 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict  puni^hnunts. 

,  ,  •    y  ,  prohibited. 

cruel  or  unusual  punishments.  5  Gray, 432. 

XXVII.  In  time  of  peace,  no  soldier  ought  to  be  quar-  No  soldier  to  be 
tercd  in  any  house  without  the  consent  of  the  owner ;  and  houseTunie^s,"^ 
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 

,.,  ,  1,.  •  '        1  •    j_  If  J^^      J.  ^  from  law-mar- 

martial,  or  to  any  penalties  or  pains,  hy  virtue  ot  that  law,  uai,  unless,  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  Judgosof  bu- 
of  every  individual,  his  life,  liberty,  property,  and  charac-  ^0^1"!^"'''"''^ 
ter,  that  there  bs  an  impartial  interpretation  of  the  laws,  lo^^'y^'^lli 
and  administration  of  justice.     It  is  the  right  of  every  i-^'|en,  591. 
citizen  to  be  tried  by  judges  as  tree,  impartial,  and  inde-  105  Mass.  219, 
pendent  as  the  lot  of  humanity  will  admit.    It  is,  therefore,  Tenure  of  their 
not  only  the  best  policy,  but  for  the  security  of  the  rights  ^^'"'' 

of  the  i)eople,  and  of  every  citizen,  that  the  judges  of  the 
supremo  judicial  court  should  hold  their  ofiices  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  ciltandVgia-'' 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  i;5'J,'iV''^'''''' 
never  exercise  the  leijislative  and  judicial  powers,  or  either  '^^'vr'^-^JJ; 

^  *'  '-  ,  ,  2  Allen,  061. 

■of  them:  the  judicial  shall  never  exercise  the  legislative  s  AiieM,247,253. 

1  ,•  -ii  p   J 1  j_        xi  1     'J-   liM>  Mass. '282, 

and  executive  powers,  or  either  01  them  :  to  tiie  end  it  ose. 

may  bo  a  government  of  laws  and  not  of  men.  249.^''^*'"^^' 

110  Mass.  317. 
129  Maas.  509. 


10 


CONSTITUTION   OF  THE 


Title  of  body 
politic. 


PART   THE    SECOND. 

Tlie  Frame  of  Government. 

The  people,  inhabiting  the  tcrritoiy  formerly  called  the 
Province  of  Massachusetts  Bay,  do  hereby  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. 


TjCgislative 
department. 


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


Governor'sveto. 
9y  Mass.  636. 


Bill  may  he 
passed  by  two- 
thirds  of  eacli 
house,  notwith- 
Btanding. 


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 ;  eacii  of  which  shall  have  a  negative  on  the  other. 

The  legislative  body  shall  assemble  every  year  [on  the 
last  Wednesday  in  ]\Iay,  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. 

11.  No  ])ill  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  olijections  there- 
to, in  writing,  to  the  senate  or  house  of  representatives,  in 
whichsoever  the  same  shall  have  originated ;  who  shall 
enter  the  objections  sent  down  by  the  governor,  at  large, 
on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of 
the  said  senate  or  house  of  representatives,  shall,  notwith- 
standing the  said  ol)jections,  agree  to  pass  the  same,  it 
shall,  together  with  the  ol^jections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  reconsid- 
ered, and  if  approved  l)y  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  commonwealth.  For  exception 

.,.  1  Ti  .,,  i-ii    1"  case  of  ad- 

And  in  order  to  prevent  unnecessary  delays,  it  any  I)ill  joummentof 
or  resolve  shall  not  be  returned  by  the  governor  within^  coun'^'vuhin 
five  days  after  it  shall  have  been  presented,  the  same  shall  ^^etammd^^' 
have  the  force  of  a  law.  "S/ae::^' 

HI.     The  general  court  shall  forever  have  full  power  General  court 
and  authority  to    erect    and    constitute   judicatories  and  "luHcatories"'^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  courts  of  record, 
of  the  commonwealth,  for  the  hearinij,  trvino',  and  deter-  ?^t^"^y'i-,„ 

.  ^      c^T        ^       !s^  ]2  Gray,  147, 

mining  of  all  manner  of  crimes,  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  Avhich  courts  and   judicatories  are  hereby  given  and  courts  etc., 

^-^  may  tidiuiuister' 

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

IV.     And  further,  full  power  and  authority  are  hereby  General  court 
given  and  granted  to  the  said  general  court,  from  time  to  p^^j^®"'"^   '^^^^' 
time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4  auI'^^i',  473. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  ^l-"^"*^"' ^^> 
directions  and  instructions,  either  with  penalties  or  with-  100 Mass. 544, 
out ;  so  as  the  same  I)e  not  repugnant  or  contrary  to  this  iib Mass.  467, 
con.stitution,  as  they  shall  judge  to  be  for  the  good  and 
welfare  of  this  commonwealth,  and  for  the  government  i,j™s^ctc""Dot 
and  ordering  thereof,  and  of  the  subiects  of  the  same,  and  lepuguant  to 

.  ,  »  ^  1     T     t-  If    Ji  .    the  constitution. 

lor  the  necessary  support  and  defence  or  the  government  6Aiieu,3JS. 
thereof;  and  to  name  and  settle  annually,  or  pi-ovide  by     may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  or appoiutmeut 
within  the  said  commonwealth,  the  election  and  consti-  ii.^Ma8«!"602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for;  and  to  set  forth  the  several  th^rdutu-^!"''^ 
duties,  powers,  and  limits,  of  the  several  civil  and  military 
officers  of  this  commonwealth,  and   the    forms    of  such 
oaths  or  affirmations  as  shall  be  respectively  administered 
unto  them  for  the  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary  to 


12  CONSTITUTION   OF   THE 

ta^lsfe™/"'^''  this  constitution  ;  and  to  impose  and  levy  proportional 
12 Mass.  2.V2.      and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 

5  Allen,  42s.  ....  i'  t  -i  i 

6Aiicii,r.5s.       nihahitants  ot,  and  persons  resident,   and  estates   Ivinsr, 

8  Allen,  247.253.        •.,   •       -i  \  ^  Ul  11^-  ^i 

10 Allen, 23o.  Avitliin  the  Said  commonwealth;  and  also  to  impose  and 
12  A  lien, '7^,^22",  levv  reasonable  duties  and  excises  upon  any  produce, 
soo'.si-i.'sialsuo;  goods,  wares,  merchandise,  and  commodities,  whatsoever, 
^P.r  ,„  brouirht  into,  produced,  manufactured,  or  beings  within 
100  Mass.  2S}.  the  saiiic  ;  to  be  issued  and  disposed  of  by  warrant,  under 
5S5.  ''^*'' "" ''  the  hand  of  the  governor  of  this  commonwealth  for  the 
ii-i Mass! Gssi  time  beinof,  with  the  advice  and  consent  of  the  council, 
m'MasR.  461.  for  the  public  service,  in  the  necessary  defence  and  sup- 
118 Mass.  380,  port  of  thc  govemmeut  of  the  said  commonwealth,  and 
i2:yMas8. 493,  the  protcctiou  and  preservation  of  the  subjects  thereof, 
i27'Mas8. 413.     accoixliiig  to  such  acts  as  are  or  shall  be  in  force  within 

the  same. 
taresyetcrto^be      -^"^  whilo   the  public  chargcs  of  government,  or  any 
disposed  of  for    p.^^.^  thcrcof,  shall  be  assessed  on  polls  and  estates,  in  the 
tion.ctc  manner   that  has  hitherto  been  practised,   in  order  that 

8  Allcu,217,2.J0.  ,  ^  ,  1  -,1  ...  I  1      II 

v^aiuationof  such  asscssmeuts  may  be  made  with  equality,  there  shall 
tenTearsrat'"  I)e  a  valuatioii  of  cstatcs  withiu  the  commonwealth,  taken 
8^AiVen,'24V.^"^'  ^^^GW  oiicc  ill  cvcry  ten  years  at  least,  and  as  much  oftener 
126 Mass.  647.     jjg  {^[^q  general  court  shall  order. 

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


CHAPTER  I. 
Section  II. 

Senate. 

ofTud'b"«'^om      Article  I.      [There  shall  bo  annually  elected,  by  the 
elected.  freeholders  and  other  inhabitants  of  this  commonwealth, 

Superseded  liy  i'/.i  •        ,^   •  •,      ,'  •  •iii'i 

an-cndmcnts.      (jualihed  as  lu  this  coustitutioii  is  provided,  torty  persons 

which  was  also  to  be  councillors  aiid  senators  for  the  year  ensuing  their 

anSmems'l^    clcction  ;  to  1)0  choscu  by  the  inhabitants  of  the  districts 

Art.xxii.        juj^Q  ^vhieh  the  commonweallh  may,  from  time  to  time,  be 

divided  by  the  general  court  for  that  purpose  :  and  the 

general  court,  in  assigning  the  numbers  to  be  elected  by 

the  respective  districts,  shall  govern  themselves  by  the^pro- 

portion  of  the  public  taxes  paid  by  the  said  districts  ;  and 

For  provision  as  timcly  luake  known  to  the  inhabitants  of  the  conimon- 

tocoducillors,  1111-.  /.  iT«  11 

see  amend-         Wealth  the  liuiits  of  cacli  district,  and  the  number  ot  coun- 

XVI, '^    "        cillors  and  senators  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,  c'ounues  lo be 

,  ,  1      11      1  •  •  districts,  until, 

until  the  general  court  shall  deternnne  it  necessary  to  etc. 
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  ;  Pukes  County  and  Nantucket, 
one  ;  Worcester,  five  ;  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshire,  two.] 

H.     The  senate  shall  be  the  first  l)ranch  of  the  legisla-  Manner nnd 
ture  ;  and  the  senators  shall  be  chosen  in  the  following  man-  ^"natms  antT"^ 
ner,  viz.  :  there, shall  be  a  meeting  on  the  [first  Monday  in  Thueou'k.ctioii 
April,!  annually,  forever,  of  the  inhabitants  of  each  town  d'-iugwi  i-y 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  Art.  x.  and 
by  the  selectmen,  and  warned  in  due  course  of  law,  at  i.y'^amVndmuuts, 
least  seven  days  before  the  [first  INIonday  in  April,]  for  "\!^\o^c}iiea  gee 
the  purpose  of  electing  persons  to  be  senators  and  coun-  a^^c'i'^t'^meutB, 
cillors  ;   [and  at  such  meetings  every  male  inhabitant  of '^'i"^*'2  pvo- 

•■  ,.  1  *-  1        1         •  />         1      1  1    visions  as  to  the 

twenty-one  years  ot  age  and  upwards,  havmg  a  treehold  quaiiiications  of 
estate  within  the  commonwealth,  of  the  annual  income  of  scdecfby amend- 
three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  iTi^'xx.'lud 
shall  ha^e  a  riaht  to  giv e  in  his  vote  for  the  senators  for  ^^^'\\^:  .  ^., 

c^   \   •     \     \         •  .ii-  Til  \\  Old  "inhabit- 

the  district  ot  which  he  is  an  inhabitant.]    And  to  remove  anfuuiiucd. 

Uii.  .  ,1  .  /.   ji  1         .11..      See  also  amend- 

doubts  concerning  the  meaning  ot  the  word  "inhabit-  nu-nts, am 

ant"  in  this  constitution,  every  person  shall  be  considered  w.^^anmuu;dby 

as  an  inhabitant,  for  the  purpose  of  electing  and  being  v/Gray^Iu 

elected  into  any  office,  or  place  within  this  state,  in  that  i;-'r Mass.  o95, 

town,  district,  or  plantation  where  he  dwelleth,  or  hath 

his  home. 

The  selectmen  of  the   several  towns    shall  i)reside  at  selectmen  to 

.  .  .     ,,  1        1      11  •  I  I)re8ide  at  town 

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,  lietun.  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  citioa.  see 
the  selectmen  and  the  town  clerk,  and  shall  be  sealed  up,  "ut"."!!."""  *' 
directed   to    the  secretary  of  the  commonwealth  for  the 
time  being,  with  a  superscription,  expressing  the  purport 


14 


CONSTITUTIOX   OF   THE 


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


Inhabitants  of 
unincorporated 
plantations, 
who  paj'  state 
taxes,  may  vote. 


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


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


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


of  the  contents  thereof,  and  delivered  by  the  town  clerk 
of  such  towns,  to  the  sheriff  of  the  county  in  which  such 
town  lies,  thirty  days  at  least  before  [the  last  Wednesday 
in  jNIayJ  annually  ;  or  it  shall  be  delivered  into  the  secre- 
tary's office  seventeen  days  at  least  before  the  said  [last 
AVednesday  in  May  :]  and  the  sheriff  of  each  county  shall 
deliver  all  such  certificates  by  him  received,  into  the 
secretary's  office,  seventeen  days  before  the  said  [last 
AVednesday  in  May.] 

And  the  inhabitants  of  plantations  unincorporated,, 
qualified  as  this  constitution  provides,  who  are  or  shall 
be  empowered  and  required  to  assess  taxes  u})on  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  inhabitants 
have  in  their  respective  towns  ;  and  the  plantation  meet- 
ings for  that  purpose  shall  be  held  annually  [on  the  same 
first  JNIonday  in  Api-il],  at  such  place  in  the  plantations,. 
resi)ectively,  as  the  assessors  thereof  shall  direct ;  which 
assessors  shall  have  like  authority  for  notifying  the  elect- 
ors, collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns,  by  this  con- 
stitution. And  all  other  persons  living  in  places  unincor- 
porated (qualified  as  aforesaid)  who  shall  be  assessed  to 
the  support  of  government  by  the  assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  giving  in  their  votes  for 
councillors  and  senators  in  the  town  where  they  shall  be 
assessed,  and  be  notified  of  the  place  of  meeting  by  the 
selectmen  of  the  town  where  they  shall  be  assessed,  for 
that  purpose,  accordingly. 

III.  And  that  there  may  l)o  a  due  convention  of  sena- 
tors on  the  [last  Wednesday  in  jMay]  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  fi^■e  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,  [on  the  said  ?'''?«f=^Mged 

f  -.^^      1  1  .Tt*-T  11  ij_  -111  to  first  ^\  ednes- 

last  Wednesday  m  May]  annually,  determine  and  declare  day  of  January 
who  are  elected  by  each  district  to    be    senators  [by  a  .\rt^.'x"  ""'"'*' 
majority  of  votes  ;  and  in  case  there  shall   not  appear  to  ^twjje.fto 
be  the  full  number  of  senators   returned    elected    by   a  ^'.ueudn^'enfs, 
majority  of  votes  for  any  district,  the  deticiency  shall  be  ^r'-  x^^'- 
supplied  in  the  following  manner,  viz.  :   The  members  of 
the  house  of  representatives,   and  such  senators  as  shall 
bo  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  electcnl,  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  J^ej"''''''''  ^""^ 
senators  sufficient  to  fill  up  the  vacancies  in  such  district ;  changoato 
and  in  this  manner  all  such  vacancies  .shall  be  filled  up  in  jK-opie"  ^ 
every  district  of  the  commonwealth  ;  and  in  like  manner  niTut8?Art. 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^i^. 
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  Qnaiifioationsof 
capable  of  being  elected  as  a  senator,  [who   is  not  seised  i^'^opertyqnaii- 
in  his  own  right  of  a  freehold,  within  this  commonwealth,  |^h«i°°'^^°' 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  ^'gX^An 

of  personal  estate  to  the  value  of  six  hundred  pounds  at  xiii. ' 
least,  or  of  both  to  the  amount  of  the  same  sum,  and]  wdio  vision  as  to 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  lulamemu'^ 
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 

•11  1  T  .,1  L  ij  1  j_        adjourn  more 

provided  such  adjournments  do  not  exceed  two  days  at  a  than  two  days. 
time. 

VH.     The  senate  shall  choose  its  own  president,  appoint  iJ'^li|[.^J'J'"uj 
its    own    officers,    and  determine  its  own  rules   of  pro- e«*=i''''sii  i'« 

-.  ■*•  rules. 

ceedmgs. 

VHI.     The  senate  shall  be  a  court  with  full  authority  .  shaiitryaii 

.  Ill         inipeachnieuts. 

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  hoUl  or  enjoy  any  place 


16 


CONSTITUTION  OF  THE 


•Qnonim. 
For  further  pro- 
visions, sec 
amendraents, 
Art.  XXII. 


of  honor,  trust,  or  profit,  under  this  commonwealth:  but 
the  party  so  convicted  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment,  and  punishment,  according  to 
the  laws  of  the  land. 

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


Representation 
of  the  people. 


Rcprcsenla- 
tives,  by  whom 
chosen. 
Supersedeil  by 
anieudnients, 
Arts   XII   and 
XUL,  which 
were  also 
Biiperseded  by 
■  amendments, 
An.  XXI. 
7  Mass.  023. 


Proviso  as  to 
towns  having 
less  than  150 
ratable  polls. 


Towns  liable  to 
fine  in  case,  etc. 


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


^iualilicationsof 
a  representa- 
tive. 


CHxVPTEli    I. 

Sectiox  III. 

House  of  Represenfatives. 

Article  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  ratal)lc  polls  may  elect  one  represen- 
tative ;  every  corporate  town  containing  three  hundred 
and  seventy-five  ratable  polls  may  elect  two  representa- 
tives ;  every  corporate  town  containing  six  hundred  ratable 
polls  may  elect  three  representatives  ;  and  proceeding  in 
that  manner,  maiving  two  hundred  and  twenty-five  ratal)le 
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  represent;itive  ;  but  no  place  shall  hereafter  be  incor- 
porated with  tlie  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.  IT 

least  next  precedino;  his  election,  shall  have  been  an  inhab-  New  provision 
itant  of,  and  have  been  seised  in  his  own  right  of  a  free-  seeamend- 
hold  of  the  value  of  one  hundred  pounds  within  the  town  xxi"'^  "' 
he  shall  be  cliosen  to  represent,  or  any  ratable  estate  to  «ca/ion'sahoi''' 
the  value  of  two  hundred  pounds ;  and  he  shall  cease  to  j,'i|!f,ts)'^'v'it"'"'^" 
represent  the  said  town  immediately  on  his  ceasing  to  be  xiii. 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  Q'^.jj['jj.c^''on3of" 
age,  and  resident  in  any  particular  town  in  this  common-  Tiiwopio- 
wealth  for  the  space  of  one  year  next  preceding,  having  a  eeded ly''"^'^ 
freehold  estate  within  the  said  town  of  the  annual  income  An's'lnT^xx. 
of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  y'ee  ;u.,^^araeQd. 
shall  have  a  ris^ht  to  vote  in  the  choice  of  a  representative  ™pp'9:^^«  .  , 

p  ,  ■'•  X\in.,  which 

or  representatives  lor  the  said  town.  J  wasannniied  uy 

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

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

Art.  XV. 

VI.  The  house  of  representatives  shall  be  the  grand  ^°7,f,^^°°^. 
inquest   of    this   commonwealth  ;    and   all   impeachments 

made  by  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  originate  in  the  house  of  nonso  to  orig^ 

-J  ~  iiato  all  money 

representatives  ;  but  the  senate  may  propose  or   concur  buis. 
with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power    not  to  adjourn 
to  adjourn  themselves ;  provided  such  adjournment  shall  days. 

not  exceed  two  days  at  a  time. 

IX.  (Not  less  than  sixty  members  of  the  house  of  gJ'peTsedl'.iby 
representatives  shall  constitute  a  quoi'um  for  doing  busi-  ""rtTxxi?'^' 
uoss.] 

X.  The  house  of  representatives  shall  be  the  judge  of  returus^.^otc!  of 
the  returns,  elections,  and  qualificatioiis  of  its  own  mem-  jisowiinKm- 

.  ,  .         ,         ^  .  .  ,      .      bers; to  choose 

bers,  as  pointed  out  in  the  constitution  ;  shall  choose  their  itsofruorsand 
own   speaker;  appoint  their  own  officers,  and  settle  the  mies, itc 
rules  and  orders  of  proceedino-  in  their  own  house.     They  ^.  mavpunis 

1         •  •  •    1       1  •  •  A.  lor  certain 

shall  have  authority  to  punish  by  imprisonment  every  offences.  ^^ 
person,  not  a  ineml)er,  who  shall  be  guilty  of  disrespect  '-'>•-- 
to  the  house,  by  any  disorderly  or  contemptuous  behavior 
in  its  presence;  or  who,  in  the  town  where  the  general 
court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members, 
for  any  thing  said  or  done  in  the  house  ;  or  who  shall 
assault  any  of  them  therefor;  or  who  shall  assault,  or 
arrest,  any  witness,  or  other  person,  ordered  to  attend  the 


lish 


18 


CONSTITUTION   OF   THE 


Privileges  of 
members. 


Senate. 
Governor  and 
council  may 
punish 

General  limita- 
tion. 
1-i  Gray,  226. 


Trial  may  be  by 
committee,  or 
otherwise. 


house,  in  his  way  in  going  or  returning;  or  who  shall 
rescue  any  person  arrested  by  the  order  of  the  house. 

And  no  member  of  the  house  of  representatives  shall  be 
arrested,  or  held  to  bail  on  mean  process,  during  his  going 
unto,  returning  from,  or  his  attending  the  general  assem- 
bly. 

XI.  The  senate  shall  have  the  same  powers  in  the  like 
cases  ;  and  the  governor  and  council  shall  have  the  same 
authority  to  punish  in  like  cases  :  provided,  that  no  impris- 
onment on  the  warrant  or  order  of  the  governor,  council, 
senate,  or  house  of  representatives,  for  either  of  the  above 
described  offences,  be  for  a  term  exceeding  thirty  days. 

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


Governor, 


ffis  title. 

To  be  chosen 

annually. 

Qualifications. 


Requirement  of 
religious  decla- 
ration aboliHhed 
by  amend- 
ments, Art. 
VII. 

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

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  inhal)itant  of  this  com- 
monwealth for  seven  years  next  preceding;  and  unless  he 
shall  at  the  same  time  be  seised,  in  his  own  right,  of  a 
freehold,  within  the  commonwealth,  of  the  value  of  one 
thousand  pounds  ;  [and  unless  he  shall  declare  himself  to 
be  of  the  Christian  religion.] 

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

a  list  of  the  persons  voted  for,  with  the  number  of  votes 

for  each  person  against  his  name  ;  and  shall  make  a  fair 

record  of  the  same  in  the  town  books,  and  a  public  decla-  ^^endmenu"^* 

ration  thereof  in  the  said  meeting;  and  shall,  in  the  pres-  Art.ii. 

ence  of  the  inhabitants,  seal  up  copies  of  the  said  list, 

attested  by  him  and  the  selectmen,  and  transmit  the  same 

to  the  sherift'  of  the  county,  thirty  days  at  least  before  the 

riast  Wednesday  in  JNIayl  ;  and  the  sheriff  shall  transmit  ^imo  changed 

L  ^    J  ./J'  to  nrst  WeuneB- 

the  same  to  the  secretary's  ofhce,  seventeen  days  at  least  day  of  January 
before  the  said  [last  Wednesday  in  May]  ;  or  the  select-  An.'x"  "^''"  *' 
men  may  cause  returns  of  the  same  to  be  made  to  the 
office  of  the  secretary  of  the  commonwealth,  seventeen 
days  at  least  before  the  said  day  ;  and  the  secretary  shall 
lay  the  same  before  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  Wednesday  in  IVIayl ,  to  be  by  them  chansod  to 

1  1    r-  e  1       ^-  1  •       -i-  i'     n    plurality  by 

exammed  ;  and  [in  case  ot  an  election  by  a  majority  ot  all  amendments, 
the  votes  returned!,  the  choice  shall  ])e  by  them  declared  ;V'"^,!^' 

-1  1111  ••  <•  How  chosen, 

and  pul)lished  ;  [but  it  no  person  shall  have  a  maiority  ot  when  no  person 
votes,  tiie  house  of  representatives  shall,  by  ballot,  elect  -'"■""•'J'"' >• 
two  out  of  four  persons  who  had  the  highest  number  of 
votes,  if  so  many  shall  have  been  voted  for  ;  but,  if  other- 
wise, out  of  the  number  voted  for ;  and  make  return  to 
the  senate  of  the  two  persons  so  elected  ;  on  which  the 
senate  shall  proceed,  by  ballot,  to  elect  one,  who  shall  be 
declared  governor.] 

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

least,  shall,  and  ma>',  from  time  to  time,  hold  and  keep  a 
council,  for  the  ordering  and  directing  the  affairs  of  the 
common w'ealth,  agreeably  to  the  constitution  and  the  laws 
of  the  land. 

V.  The  governor,   with  advice  of  council,  shall  have  May  adjourn  or 
full  power  and  authority,  during  the  session  of  the  gen-  generarcoVrt 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  .3"onveue'' 
the  two  houses  shall  desire  ;   [and  to  dissolve  the  same  on  tiiesame. 
the  day  next  preceding  the  last  AVednesday  in  JNIay  ;  and,  tiou,  see  amend- 
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  i)lacc  where  the  said 


20 


CONSTITUTION  OF  THE 


As  to  dissolu- 
tion, sec  amend- 
meuts,  Alt.  X. 

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


Governor  to  be 
cominauder-iu- 
chief. 


court  is  next  at  any  time  to  convene,  or  any  other  cause 
happeninir,  whereby  danger  may  arise  to  the  health  or 
lives  of  the  members  tVom  their  attendance,  he  may  direct 
the  session  to  be  held  at  some  other,  the  most  convenient 
place  within  the  state. 

[xVud  the  governor  shall  dis.->olve  the  said  general  court 
on  the  day  next  preceding  the  last  Wednesday  in  May.] 

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

VII.  The  governor  of  this  commonwealth,  for  the  time 
l)oing,  shall  be  the  commander-in-chief  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  l)y  sea 
and  land  ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy  ;  and,  for  the  special  defence  and  safety  of  the 
commonwealth,  to  asseml)le  in  martial  array,  and  put  in 
warlike  posture,  the  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by 
land,  within  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary,  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
ever, all  and  every  such  person  and  persons  as  shall,  at 
any  time  hereafter,  in  a  hostile  manner,  attempt  or  enter- 
prise the  destruction,  invasion,  detriment,  or  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  Avhatsocvcr,  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  bo  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  tlie  rules  and  regulations  of  the 
constitution,  and  the  laws  of  the  land,  and  not  other- 
wise. 


COMMONWEALTH   OF   MASSACHUSETTS.  21 

Provided,  that  the  said  governor  shall  not,  at  any  time  Limitation, 
hereafter,  by  virtue  of  any  power  by  this  constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legis- 
lature, transport  any  of  the  inhabitants  of  this  common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  ])y  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  ^"'[it^'^nay"'^ 
as  persons  may  be   convicted  of  Ix^fore   the  senate  l)y  an  purdon offences, 

1  /•      1  1  1      11     1  •  1  1         except,  etc. 

impeachment  ot  the  house,  shall  he  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  before 

.       ^,^      .  T  1  i'l  ^     •  convietion. 

notwithstanding  any  general  or  })articul:ir  expressions  con-  loj  Muss.  ^23. 
taincd  therein,  descriptive  of  the  oflencc  or  offences  in- 
tended to  1)3  })ardoned. 

IX.  All  iudicial  ofBcers,    fthe  attorney-ireneral,!  the  JiKiiciai offi- 

'—  •^     t- -  'J  cd's   etc.  ho^ 

solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  nom'inated  and 
probate,]  shall  bo  nominated  and  appointed  l)y  the  gov-  Fonn'oviJions 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  ofauonrey°" 
and  every  such  nomination  shall  be  made  by  the  Governor,  g'^uenii,  see 
and  made  at  least  seven  days  prior  to  such  appointment.     Ait.xvii. 

For  provision  ns  toclrctionof  shrriffs,  rcsristors  of  probate,  etc.,  see  amendments,  Art. 
XIX.     For  provisiou  aa  to  apijoiiitmeut  of  aotaries  public,  eee  aiocudmeuts,  Art.  IV. 

X.  The  captains  and  subalterns  of  the  militia  shall  bo  wniti.aoflicers, 
elected  by  the  written  votes  of  tlie  train-band  and  alarm  himitatiou  of 
list  of  their  respective  companies,  [of  twenty-one  years  ^".,'JJ,e,Hi!  °''' 
of  age  and  upwards  ;]  the  tield  otticers  of  regiments  shall  meuts,  Art.  v. 
bo  elected  l)y  the  written  votes  of  the  captains  and  sui)al- 

terns  of  their  respective  regiments  ;  the  brigadiers  shall  be 
elected,  in  like  manner,  by  the  field  otficers  of  their  respec- 
tive brigades;  and  such  officers,  so  elected,  shall  be  com-  iiowcommis- 
missioned  by  the  governor,  who  shall  determine  their  rank. 

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

The  major-generals  shall  be  a})pointed  by  the  senate  and  hoT^jljfointed' 
house  of  reiiresenlatives,  each  havin<>"  a  negative  u])oii  the  ""'' ^•""""''J- 
other;  and  bo  commissioned  by  the  governor. 

For  provisions  aa  to  appoiutmeut  of  .1  commiasary-gcneral,  see  anicudments,  Art.  IV. 

And  if  the  electors  of  brigadiers,  field  officers,  captains  vacancies, how 
or  subalterns,  shall  neglect  or  refuse  to  make  such  elec-  etc. 


22  CONSTITUTION  OF  THE 

tions,  after  being  duly  notified,  according  to  the  laws  for 
the  time  being,  tlien  the  governor,  with  advice  of  council, 
shall  appoint  suitable  persons  to  fill  such  offices. 
ofTicors duij-  fAnd  no  officer,  duly  commissioned  to  command  in  the 

how  removed,  niilitia,  shall  be  removed  from  his  office,  but  by  the  address 
amenXiems/  of  botli  liouscs  to  the  govcrnor,  or  by  fair  trial  in  court- 
^"■^^"  martial,  pursuant  to  the  laws  of  the  commonwealth  for  the 

time  being.] 
w"ippointed'.        '^^^^  Commanding    officers    of  regiments  shall    ap|)oint 
their  adjutants  and  quartermasters  ;   the  brigadiers  their 
brigade-majors  ;    and  the  major-generals  their  aids ;  and 
the  governor  shall  appoint  the  adjutant-general. 
Array  officers         'J[^q  oovemor,  with  advicc  of  council,  shall  appoint  all 

now  appointed.  ~  '       .  '  i  i      ^ 

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

organizatiou  of  'J'^jq  divisious  of  the  militia  into  l)rio:ades,  reo:iments,  and 
companies,  made  m  pursuance  of  the  mihtia  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  shall  be  issued  out  of  the  treasury  of 

drawn  from  the  •{  it  i       c   /  i 

treasury, ex-  this  commonwcalth,  and  disposed  ot  (except  such  sums  as 
13  A'lreu,' 593.  may  be  appropriated  for  the  redemption  of  bills  of  credit 
or  treasurer's  notes,  or  for  the  payment  of  interest  arising 
thereon)  but  by  wan  ant  under  the  hand  of  the  governor 
for  the  time  l)eing,  with  the  advice  and  consent  of  the 
council,  for  the  necessary  defence  and  support  of  the  com- 
monwealth ;  and  for  the  protection  and  preservation  of 
the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves 
of  the  general  court. 
All  public  XII.     All  i)nblic  boards,  the  comniissary-o;cneral,  all 

boards,  etc.,  to  .  i-rv.  cii-  -i 

make  quarterly  Superintending  officers  ot  pubhc  magazines  and  stores, 
re  uiub.  belonging   to   this    commonwealth,  and  all    commanding 

officers  of  forts  and  garrisons  within  the  same,  shall  once 
in  every  three  months,  officially,  and  without  re{]iiisition, 
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 
Avhatever  under  their  care  respectively  ;  distinguishing  the 
quantity,  number,  quality  and  kind  of  each,  as  j)articu- 
larly  as  may  be  ;  together  with  the  condition  of  such  forts 
and  garrisons ;  and  the  said  commanding  officer  shall  ex- 


COMMONWEALTH   OF   MASSACHUSETTS.  23 

hihit  to  the  governor,  when  required  by  him,  true  find 
exact  })]ans  of  such  forts,  and  of  the  hind  and  sea  or  har- 
bor or  harbors,  adjacent. 

And  the  said  boards,  and  all  pul)lic  officers,  shall  com- 
municate to  the  governor,  as  soon  as  may  be  after  receiving 
the  same,  all  letters,  despatches,  and  intelligences  of  a 
})ublic  nature,  which  shall  be  directed  to  them  respectively. 

XHI.  As  the  public  good  requires  that  the  governor  Salary  of 
should  not  l)e  under  the  undue  intiuence  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  benetit  of  the  public,  that  he  should  not  have 
his  attention  necessarily  diverted  from  that  ol)ject  to  his 
private  concerns,  and  that  he  should  maintain  the  dignity 
of  the  commonwealth  in  the  character  of  its  chief  magis- 
trate, it  is  necessary  that  he  should  have  an  honoralile 
stated  salary,  of  a  tixed  and  permanent  value,  amply  suffi- 
cient for  those  purposes,  and  established  by  standing  laws  : 
and  it  shall  be  among  the  tirst  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-  Salaries  of  jus. 

!•    I       1    1         1  I"         ^        '         •  I'    1  •      T    •    1  tices of  supreme 

lished  hy  hiw  tor  the  justices  or  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  rnJuffide.u, 
to  time,  be  enlarged,  as  the  general    court   shall  judge 
proper. 


CHAPTER    II. 

Sectiox  II. 
X  ieutenant-  Governor. 

Article  I.     There  shall  be  annually  elected  a  lieuten-  Lieutenant- 
ant-governor    of    the    commonwealth    of    Massachusetts,  i^ui^'ancMualifi. 
whose    title    shall    be  — His    Honor;   and  who   shall   he  ^:^^^C,,2ux of 
quidified,  in  point  of  [religion,]  property,  and   residence  iiJ|[^?/"I"; u°" °^ 
in  the  conuiion wealth,  in  the  same  manner  with  the  gov-  chrif^tian 
ernor ;  and  the  day  and  manner  of  his  election,  and  the  abolished  i.y 
qualitications  of  the    electors,   shall   be  the  same  as  are  Art^'vu!"^*' 
required   in   the  election   of  a  governor.     The  return  of 
the  votes  for  this  officer,  and  the  declaration  of  his  election, 
shall  be  in  the  same  manner;  [and  if  no  one  person  shall  How  chosen, 
be  found  to  have  a  majority  of  all  the  votes  returned,  the  Election  by 
vacancy  shall  be  filled  by  the  senate  and  house   of  repre-  ^  "'■"  *  '"°' 


24  CONSTITUTION   OF   THE 

videdforby  sentatives,  in  the  same  manner  as  the  governor  is  to  be 
Art.  XIV.   '      elected,  in  case  no  one  person  shall  have  a  majority  of  the 

votes  of  the  people  to  be  governor.] 
PicRuipnt  of  II.     The  governor,  and  in  his  absence  the  lieutenant- 

Lieuieuaut-  govemor,  sliall  l)e  president  of  the  council,  but  shall  have 
m°emi"r'of,  HO  votc  in  couucil  ;  and  the  lieutentant-governor  shall 
except,  etc.        always  be  a  member  of  the  council,  except  when  the  chair 

of  the  governor  shall  be  vacant. 
governorTo"  be        ^'^^'     Wlicnever   the   chair   of  the   governor  shall    be 
actmi,' OTveiiior,  vacaut,  bv  rcasou  of  his  death,  or  al)sence  from  the  com- 

in  case,  etc.  i   i  i  •  i        i  •  ,•  i 

monwealth,  or  otherwise,  the  lieutenant-governor,  tor  the 
time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incunil)ent  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. 

CHAPTEIi    II. 

Section  III. 

Council,  andtJie  Manner  of  f<ettling  Elections  hi/  the  Legi.s- 

lature. 

conncii.  Article  I.     There  shall  be  a  council  for  advisins^  the 

eoiinciiiom  governor  in  the  executive  part  ot  the  government,  to 
eitchi.  consist  of  [nine]  persons  besides  the  lieutenant-governor, 

nrpnis^Ait".  whom  the  governor,  for  the  time  being,  shall  have  full 
■^^'^-  power  and  authority,  from  time  to  time,  at  his  discretion, 

to  assemble  and  call  together  ;  and  the  governor,  with  the 
said  councillors,  or  five  of  them  nt  least,  shall  and  may, 
from  time  to  time,  hold  and  keep  a  council,  for  the  order- 
ing and  directing  the  affairs  of  the  commonwealth,  accord- 
ing  to  the  laws  of  the  land. 
wCinl^aiid'how  II-  L-^''^®  councillors  shall  bo  annually  chosen  from 
c'i<^'t^'.'    ,  among!;  the  persons  returned  for  councillors  and  senators, 

Modiliod  by  <J  *•  •        -\  r  ••  in  <■ 

nnnndirLMts,      on  the  hist  \\  educsdav  ni  iMav,  by  tlie    loiut  ballot    ot 

Arts.  X  and  ,,  ,  j  4+-111- 

xni.  tne  senators  and  representative's  assembled  m  one  room; 

fmendmoms!'^    'ind  111  casc  thci'e  shall  not  be  found  upon  the  first  choice, 

Art.xvi.  ^jjg  -^vl^ole  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  peoj^le  at  large ;  and 
the  number  of  senators  left  shall  constitute   the    senate 

ifBonatorsbc.     f^^j.  ^jj^  year.     The  scats  of  the  persons  thus  elected  from 

conic  couucii-  *J  * 

lois,  t!nirB>at9   w^q  seuatc,  and  accei)ting  the  trust,  shall  l)o  vacated  in  the 

to  bo  vacated.  J.  o 

senate.] 


COMMONWEALTH   OF   MASSACHUSETTS.  25 

HI.     The  councillors,  in  the  civil  arrangements  of  the  Raukof 
commonwealth,  shall  have  rank  next  after  the  lieutenant-  ''"""'='"°"- 
governor. 

IV.  [Xot  more  than  two  councillors  shall  be  chosen  xo  district  to 
out  of  any  one  district  of  this  commonwealth.]  have  moio  than 

SupcrscdoU  by  amcudmcnts,  Art.  XVI. 

V.  The  resolutions  and  advice  of  the  council  shall  be  itej^isterof 
recorded  in  a  regi-ster,  and  signed  by  the  members  present ;  '^"'""'''• 
and  this  record   may  be  called  for  at  any  time  by  either 
house  of  the  legislature ;  and  any  member  of  the  council 

may  insert  his  opinion,  contrary  to  the  resolution  of  the 
majority. 

VI.  Whenever  the  office  of  the  governor  and  lieuten-  council  to  cxcr- 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  onowrnoMa'^ 
or  otherwise,  then  the  council,  or  the  major  part  of  them,  ^ase.  etc. 
shall,  during  such  vacancy,  have  full  power  and  authority 

to  do,  and  execute,  all  and  every  such  acts,  matters,  and 
things,  a.s  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.  Elections  may 
by  this  constitution,  on  the  last  A^^ednesday  in  May  annu-  ul'uTi'/ctT''''' 
ally,  by  the    two    houses   of  the   legislature,   may  not  l)c 
completed  on  that  day,  the  said  elections  may  bo  adjourned 

from  day  to  dav  until  the  same  shall  bo  comi)leted.     And  <>"]"•  nicroof. 

1  .      I  ■        •  1111  •    II  biijieiscded  by 

the  order  ot  elections  shall  be  as  iollows  :  the  vacancies  in  amendmoms. 
the  senate,  if  any,  shall  first  be  tilled  up;  the  governor  xxv.'     '  "^ 
and   lieutenant-governor    shall  then   be  elected,   provided 
there  sh.ould   l)o   no   choice   of  them   by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  the  election  of 
the  council.] 


CHAPTER    II. 

Section  IV. 
Secretary,  Treasurer,  Commissary ,  etc. 

AiiTiCLE  I.      [The  secretary,  treasurer,  and   receiver- secrotiry,  etc., 
general,  and  the  commissary-general,  notaries  })ublic,  and]  hrMvchoscM,".'^ 
naval  othcers,  shall  be  choseii  annually,  by  joint  ballot  of  |;\^P;:°;;;f°P'** 
the  senators  and  representatives  in  one  room.     And,  that  «tretarv. ncas. 

,1  ...  i.'    ji  •  II  1      /•  nrcr.  and  re- 

trie  Citizens  ot  this  commonwealth  may  be  assured,  irom  ocivor-gencrai. 

A-„.i.  iii.j.1  .•  ...1  !!•      and  auditor  and 

time  to   time,  that  the  moneys  remaining  m  the  public  attorney  gen 
treasury,  upon  the  settlement  and  liquidation  of  the  pul)-  nu!nt8!"A''ru'""*' 
lie  accounts,  arc  their  property,  no  man  shall  be  eligible  •^^"- 


26 


CONSTITUTION   OF   THE 


Treasurer  in- 
eligible for  more 
than  live  sue 
ceasive  years. 

Secretary  to 
keep  records; 
to  attend  the 
tfovernor  and 
council,  etc. 


as  treasurer  and  receiver-general  more  than  rive  ^ears  suc- 
cessively. 

For  provision   as   to  appointment  of  notaries  public  and  the  commissary  general,  see 
amendment!*,  Art.  IV. 

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


Tenure  of  all 
commissioned 
oUicers  to  be 
expreseed 
Judicial  odicers 
to  hold  office 
duriui;  good 
behavior,  ex- 
cept, etc. 
But  may  be 
removeii  ou 
address. 


Justices  of  su- 
preme judicial 
court  to  give 
opinions  when 
required. 
V22  Mass.  600. 
126  Mass.  007, 
661. 

Justices  of  the 
peace;  tenure 
of  their  office. 
3  Cush.  0S4. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


CHAPTEII    III. 

JUDICIARY    POWER. 

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

II.  Each  branch  of  the  legislature,  as  well  as  the 
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  suffer  from  the 
long  continuance  in  place  of  any  justice  of  the  peace  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  ability  or  fidelity,  all  commissions  of  justices  of  the 
peace  shall  expire  and  become  void,  in  the  term  of  seven 
years  from  their  respective  dates  ;  and,  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
renewed,  or  another  person  appointed,  as  shall  most  con- 
duce to  the  well-being  of  the  commonwealth. 

IV.  The  judges  of  prol)ate  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  times  and  places  which  the  respective  judges  s>hall 
direct. 


COMMONWEALTH   OF   MASSACHUSETTS.  27 

V.     All  causes  of  marriage,  divorce,  and  alimony,  and  (,i^o™'*''I['„f':'u 
all  appeals  from  the  judges  of  probate,  shall  be  heard  and  mony.  '' 
determined  by  the  governor  and  council,  until  the  legis-  visions^made 
lature  shall,  by  law,  make  other  provision.  ios'mLs.  327. 

116  Mass'.  317. 


congress. 


CHAPTER    IV. 

DELEGATES    TO    CONGRESS. 

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


CHAPTEIl    V. 

THE   UNIVERSITY  AT   CAMBRIDGE    AND    ENCOURAGEMENT    OF 
LITERATURE,  ETC. 

Section  I. 
Th  e   Un  ivers  ity . 

Article  I.     AYhereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  *^°"«'se- 
laid  the  foundation  of  Harvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  l)y  the  blessing 
of  God,  been  initiated  in  those  arts  and  sciences  which 
qualified  them  for  public  employments,  both   in   church 
and  state ;    and  whereas  the  encouragement  of  arts  and 
sciences,  and  all  good  literature,  tends   to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that  the  President  and  Fellows  of  rowers,  prm- 
Harvard   College,    in   their    corporate    capacity,    and  {hfprelkient 
their  successors  in  that  capacity,  their  officers  and  ser-  c^'un^^^^el** 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,  authorities,  rights,  liberties,  privileges,  immunities, 
and  franchises,  which  they  now  have,  or  are  entitled  to 


28  CONSTITUTION   OF   THE 

have,  hold,  use,  exercise,  and  enjoy  ;  and  the  same  are 
herel)y  ratified  and  coniirmed  unto  them,  the  said  presi- 
dent and  fellows  of  Harvard  College,  and  to  their  suc- 
cessors, and  to  their  officers  and  servants,  respectively, 
forever. 

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

All  gifts,  ijrants,  all  the  Said  gifts,  grants,  devises,  legacies,  and  convey- 
ances, are  herel)y  forever  confirmed  unto  the  president 
and  fellows  of  Harvard  College,  and  to  their  successors 
in  the  capacity  aforesaid,  according  to  the  tiue  intent  and 
meaning  of  the.  donor  or  donors,  grantor  or  grantors, 
devisor  or  devisors. 

III.  A  1:1(1  whereas,  by  an  act  cf  the  general  court  of 
the  colony  of  Massachusetts  Bay,  passed  in  the  year  one 
thousand  six;  hunch-ed  and  forty-tvo,  the  governor  and 
deputy-governor,  for  the  time  being,  and  all  the  magis- 
trates of  that  jurisdiction,  were,  with  the  president,  and 
a  number  of  the  clergy  in  the  said  act  described,  consti- 
tuted the  overseers  of  Harvard  College ;  and  it  being 
necessary,    in   this   new    constitution   of  government  to 

Who  shall  bo     ascertain  who  shall  be  deemed  successors  to  the  said  gov- 
ernor, deputy-governor,  and  magistrates  ;  it  is  decltired, 
isTil^^jl?'''*'      ^^'^^^  I'lG  governor,  lieutenant-governor,  council,  and  senate 
Jf-n'"^,^,  of  this  commonwealth,  are,  and  shall  be  deemed,  their 

JS;>.',  212,  ^ 

]86;3, 173.  successors,  who,  with  the  president  of  Harvard  College, 

for  the  time  being,  tou^cther  with  the  ministers  of  the  con- 
Cfreirational  churches  in  the  toAvns  of  Cambridi>e,  Water- 
town,  Charlestown,  Boston,  Roxliury,  and  Dorchester, 
mentioned  in  the  said  act,  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  authority  belonging,  or  in  any 
way  appertaining  to  the  overseers  of  Harvard  College  ; 
Power  of  altera  nrovidcd,  that  notliins;  herein  shall  be  construed  to  pre- 
thfiegisiuiuio.  vent  the  legislature  oi  this  connnonwealth  from  makmg 
such  alterations  in  the  government  of  tlie  said  university, 
as  shall  be  conducive  to  its  advantage,  and  the  interest 
of  the  republic  of  letters,  in  as  full  a  nianner  as  might 
have  been  done  by  the  legislature  of  the  late  Province  of 
the  Massachusetts  Bay. 


COMMONWEALTH   OF  MASSACHUSETTS.  29 

CHAPTER    V. 
Section  II. 
The  Encouragement  of  Literature^  etc. 
Wisdom  and  knowledije,  as  well  as  virtue,  dil3used  ""cn-  T^  .     <•,   •  , 

o    '  .       '  ^  Duty  of  Icgisla- 

eraily  amoniz:  the  body  ot  the  people,  beinjj  necessary  lor  tmcsiuidinagia- 

.  ...  li^  o  «/  ti"alc8  ill  all 

the  preservation  of  their  rights  and  liberties;  and  as  these  future  prrwis. 
depend  on  spreading  the  opportunities  and  advantages  of  virtLlsasTo'^'^"' 
education  in  the  various  parts  of  the  country,  and  among  s"cM'mcnd°°'^' 
the  different  orders  of  the  people,  it  shall  be  the  duty  of  ^^J'/ff  •^'^'• 
legislatures  and  magistrates,  in  all  future  periods  of  this  12  Aiion,5oo- 
commonwealth,  to  cherish  the  interests  of  literature  and  iuJ'Mass.04, 97. 
the  sciences,  and  all   seminaries   of  them  ;   especially  the 
university   at    Cambridge,    public    schools    and    grannnar 
schools  in  the  towns  ;  to  encourage   private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,   commerce,  trades, 
manufactures,   and  a  natural  histoiy  of  the  country  ;  to 
countenance  and  inculcate  the  ])rinci})les  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  frugality,  honesty  and  punctuality  in  their  dealings  ; 
sincerity,  good  humor,  and  all  social  afi'ections,  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  LAAVS ;  HABEAS  CORPUS; 
THE  ENACTING  STYLE;  CONTINUANCE  OF  OFFICERS;  PROVI- 
SION FOR  A  FUTURE  REVISAL  OF  THE  CONSTITUTION,  ETC. 

Article  I.      [Any  pcisoii  chosen  governor,  lieutenant-  oati^s, etc. 
governor,  councillor,  senator,  or  representative,  and  accept- 
ing the  trust,  shall,  before  he  proceed  to  execute  the  duties 
of  his  place  or  office,  make  and  subscribe  the  following 
declaration,  viz.  : 

"I,  A.  B.,  do  declare,  that  I  believe  the  Christian  reli-  ^^'-o'if «'■  sco 
gion,  and  have  a  firm  persuasion  of  its  truth  ;  and  that  I  am.  vii. 
am  seised  and  possessed,  in  my  own  right,  of  the  property 
required  by  the  constitution,  as  one  qualification  for  the 
oflBce  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  Hssembly  ;  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       And  cverv  pcrsou   choscn  to  either  of  the  places  or 

oaths  of  all  /r^  /.  •  i  •  i 

officers.  oirices  atorcsaid,  as  also  any  person  appointed  or  commis- 

sioned to  any  judicial,  executive,  military,  or  other  oti3ce 
under  the  government,  shall,  before  he  enters  on  the  dis- 
charge of  the  business  of  his  place  or  office,  take  and  sub- 
scrilie  the  following  declaration,  and  oaths  or  affirmations, 
viz.  : 

o°IihfJance^  ["  I,  A.  B. ,  do  truly  and  sincerely  acknowledge,  profess, 

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

oaih  of  office.         ,,j^  j^    ^^  ^l^  Solemnly  swear  and  affirm,  that  I  wilF 

faithfully  and  impartially  discharge  and  perform  all  the 
duties   incumbent   on   me   as  ,    according   to 

the  best  of  my  abilities  and  understanding,  agreeably  to 
the  rules  and  regulations  of  the  constitution  and  the  laws, 
of  the  commonwealth.     So  help  me,  God." 
Beraraend-  Providcd,  always,  that  when  any  person  chosen  or  ap- 

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


COMMONWEALTH   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,''  "  andahjure,'^  "  oatJi  or,''  "  cuid  abjuration  "  m  the 
first  oath,  and  in  the  second  oath,  the  words]  ''swear 
and,'"  and  [in  each  of  them]  the  words  "  So  Jielp  me, 
God;"  subjoining  instead  thereof,  "  This  I  do  under  the 
pains  andjjenaU/es  of2)erjury.'' 

And  the  said  oaths  or  affirmations  shall  l)e  taken  and  ^^^^^nl^iltw, 
subscribed  by  the  2:overnor,  lieutenant-ii'overnor,  and  coun-  how  adminis-- 
cillors,  before  the  president  ot  the  senate,  in  the  presence 
of  the  two  houses  of  assembly  ;  and  by  the  senators  and 
representatives  tirst  elected  under  this  constitution,  before 
the  president  and  live  of  the  council  of  the  former  consti- 
tution ;  and  forever  afterwards  before  the  governor  and 
council  for  the  time  being  ;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  persons  and  in  such  manner 
as  from  time  to  time  shall  be  prescribed  by  the  legislature. 

II.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  ed To  governor,' 
imder  the  authority  of  this  commonwealth,  except  such  as  g(fe 'amend-'''"'' 
l)y  this  constitution  they  are  admitted  to  hold,  saving  that  mems,  Art. 
the  judges  of  the  said  court  may  hold  the  offices  of  justices 
of  the  ])eace  through  the  state;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  state  or  government  or  power  whatever. 

No  person  shall  be  ca])able  of  holdinsr  or  exercising  at  Sa™e subject. 

1  '  o  /•      1         1  Allen,  5o3. 

the  same  time,  within  this  state,  more  than  one  ot  the 
following  offices,  viz.  :  judge  of  probate  —  sheriff — regis- 
ter of  prol)ate  —  or  register  of  deeds;  and  never  more 
than  any  two  offices,  which  are  to  be  held  l)y  appointment 
of  the  governor,  or  the  governor  and  council,  or  the  senate, 
or  the  house  of  representatives,  or  by  the  election  of  the 
people  of  the  state  at  large,  or  of  the  people  of  any  county, 
military  offices,  and  the  offices  of  justices  of  the  peace  ex- 
cepted, shall  be  held  by  one  person. 

No  person  holding  the  office  of  judge  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney-general  —  solicitor-  For''fu'rther  pro- 
general —  treasurer  or  receiver-general  — judge  of  probate  h,co°raparib°e 

—  commissary-general  —  [president ,  professor,  or  instruct-  °|"e^(i',,^|!|",ig, 
or  of  Harvard  Colleae] — sheriff — clerk  of  the  house  ofA'-t-viii. 

^  ,J  /•  1  •  /"IT      Olhcers  of  Ilar- 

representatives  —  register  ot  probate  —  register  ot  deeds  vard  coiiege 

—  clerk  of  the  supreme  judicial  court — clerk  of  the  infe-  ameudmem^s, 
rior  court  of  common  pleas  —  or  officer  of  the  customs,  ^^t.  xxvii. 
including  in  this  description  naval  officers  —  shall  at  the 


32  CONSTITUTION   OF   THE 

same  time  have  a  seat  in  the  senate  or  house  of  represen- 
tatives ;  but  their  beinjj:  chosen  or  a[)pointed  to,  and  accept- 
ing the  same,  shall  operate  as  a  resignation  of  their  seat  in 
the  senate  or  house  of  representatives ;  and  the  place  so 
vacated  shall  be  tilled  up. 

offic™.'"''''^'°  ^"^  tlie  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. 

Bribery,  etc.,  ^^^^^^  ^^Q  pcrsou  shall  cvcr  be  admitted  to  hold  a  seat  in 

•disquality.  i 

the  legislature,  or  any  office  oi  trust  or  nnportance  under 
the  government  of  this  commonwealth,  v.ho  shall,  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or 
corruption  in  obtaining  an  election  or  appointment. 

ascena'iued°°^^  III.  lu  all  cascs  whcrc  sums  of  money  are  mentioned 
in  this  constitution,  the  value  thereof  shall  be  computed 

Property  qiiaii-  y^  silver,  at  six  shillinijs  and  eiiiht  pence  per  ounce  ;  and 

hciiuoiis  may  '       .  ^  •     i         i        •    i  > 

beiiuieasid.  it  fshall  1)0  lu  the  power  oi  the  legislature,  from  time  to 
menu,  Art.  tiiiie,  to  iiicreasc  such  qualifications,  as  to  property,  of  the 
■^^^^"  persons  to  be  elected  to  offices,  as  the  circumstances  of 

the  commonwealth  shall  require. 
res°'eclh"^  IV.     All    commissions    shall    be    in    the    name  of  the 

commissions.      Commonwealth  of  jMassachusctts,  signed  by  the  governor 
and  attested  by  the  secretary  or  his  deputy,  and  have  the 
QTeat  seal  of  the  commonwealth  affixed  thereto. 
rrSrwH';.    "  V.     All  Avrits,  issuing  out  of  t!ic  clerk's  office  in  any  of 
2Pick.5uii.        the  courts  of  law,  shall  be  in  the  name  of  the  Common- 

a  Mot.  38. 

la  Gray,  74.  Avcaltli  of  Massachusctts  ;  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- 
l)le,  who  is  iiot  a  party,  and  bo  signed  by  the  clerk  of  such 
court. 

Continuation  of        YJ_     j^w  {\^q  ];i\y,^  Avhicli  liavo  hcretoforc  been  ad()i)ted, 

toriner  laws,  i    ■  i  t»  -  r^    ^  i  r> 

excei.t,etc.        uscd,  and  api)roved  m  the  I'rovince,  Colony,  or  btate  of 

2 Mats'.  f.:u.       Massachusctts  Bay,  and  usually  practised  on  in  the  courts 

leHck.^m.m.  of  law,  shall  still  remain  and  bo  in  full  force,  until  tiltered 

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

as  are  repugnant  to  the  rights  and  liberties  contained  in 

this  constitution. 

Ju.o!^a.s corpu.         VII.     The  privilege  and  benefit  of  the  writ  of  /(Cibeas 

secured, except,  cormis  shall  1)0  enjoved  in  this  commonwealth,  in  the  nio.st 

free,   easy,  cheap,  ex})editious,  and  am})le  manner;   and 

shall  not  be  suspended  by  the  legislature,  except  upon  the 

mo.st  urgent  and  pressing  occasions,  and  for   a    limited 

time,  not  exceeding  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33. 

VHI.     The  enactino;  style,  in  makino;  and  i^assinij:  all  J'ho enactiDg 

o         •/        '  C5  ^  I  o  Style. 

acts,  statutes,  and  laws,  shall  be  —  "  Be  it  enacted  by  the 
Senate  and  House  of  Representatives,  in  General  Court 
assemljled,  and  by  the  authority  of  the  same." 

IX.  To  the  end  there  may  be  no  failure  of  justice,  or  onicoisof 
danger  arise  to  the  commonwcallh  from  a  change  of  the  rn'Mfcominucd 
form  of  government,  all  officers,  civil  and  military,  hold-  """'•^'^■ 
ing  commissions  under  the   government   and   })eople    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  bo  appointed  in 
their  stead  ;  and  all  courts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments,  and  authority ; 
until  the  general  court,  and  the  supreme  and  executive 
officers  under  this  constitution,  are  dosignntcd  and  in- 
vested with  their  respective  trusts,  powers,  and  authority. 

X.  I  In  order  the  more  effectually  to  adhere  to  the  riovision  for 
principles  of  the  constitution,  and  to  correct  those  viola-  ^uiutVon'^""' 
tions  Avliich  by  any  means  may  be  made  therein,  as  Avell  ji^o^Msiouaijta 
as  to  form  such  alterations  as  from  exi^erienco  sliall    be  ^"nL'tKiments. 
touud  necessary,  the  general  court  which  shall   l)c  m  the  meuts,  ah.  ix.. 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 

tive,  shall  issue  precepts  to  the  selectmen  of  the  several 
towns,  and  to  the  assessors  of  the  unincorporated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  p»r[)ose  of 
collecting  their  sentiments  on  the  necessity  or  expediency 
of  revising  the  constitution,  in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-  Provision  for 
thirds  of  the  qualili^^^d  voters  throughout  the  state,  who  stumion.'"" 
shall  r.ssemble  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  olHce,  to  the  several  towns 
to  elect  delegates  to  meet  m  convention  for  the  purpose 
aforesaid. 

The  said  delegates  to  be  chosen  in  the  same  manner 
and  ])roportion  as  their  representatives  in  the  second 
bi'anch  of  the  legislature  are  by  this  constitution  to  be 
chosen.] 


:34 


CONSTITUTION   OF   THE 


Provision  for 
preserving  and 
publishing  this 
constitution. 


XL  This  foi'iii  of  oovernment  shall  be  enrolled  on 
l)archnient,  and  de})osited  in  the  .secretary's  office,  and  be 
a  part  of  the  laws  of  the  land ;  and  printed  copies  thereof 
shall  be  prefixed  to  the  book  containing  the  laws  of  this 
commonwealth,  in  all  future  editions  of  the  said  laws. 


Bill,  etc.,  not 
.approved  within 
five  days,  not  to 
become  a  law, 
if  iL'giBlature 
adjourn  in  the 
mean  time. 
3  Mass.  .567 
See  Const.,  Ch. 
I.,  §  1,  Art.  H. 


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


Proviso. 

•112  Mass.  200. 


Qualifications  of 
voters  for  gov- 
ernor, lieuten- 
ant governor, 
senators  and 
representatives. 
11  Pick.  538, 040. 
14  Pick.  341. 
14  Mass.  .367. 
5  Met.  162,  298, 
501,  594. 
7  Gray,  299. 
122  Mass.  595, 
597. 
124  Mass  596. 


ARTICLES   OF   AMENDMENT. 

Article  I.  If  any  bill  or  resolve  shall  be  objected  to, 
and  not  approved  l)y  the  governor ;  and  if  the  general 
court  shall  adjourn  within  five  days  after  the  same  shall 
have  ))een  laid  before  the  governor  for  his  approbation, 
and  thereby  prevent  his  returning  it  with  his  objections, 
as  provided  l)y  the  constitution,  such  bill  or  resolve  shall 
not  become  a  law,  nor  have  force  as  such. 

Art.  IL  The  general  court  shall  have  full  power  and 
authority  to  erect  and  constitute  municipal  or  city  gov- 
ernments, in  any  corporate  town  or  towns  in  this  com- 
monwealth, and  to  grant  to  the  inhabitants  thereof  such 
powers,  privileges,  and  immunities,  not  repugnant  to  the 
constitution,  as  the  general  court  shall  deem  necessary 
or  expedient  for  the  regulation  and  government  thereof, 
and  to  prescribe  the  manner  of  calling  and  holdmg  public 
meetings  of  the  inhabitants,  in  wards  or  otherwise,  for 
the  election  of  officers  under  the  constitution,  and  the 
manner  of  returning  the  votes  given  at  such  meetings. 
Provided,  that  no  such  government  shall  be  erected  or 
con.stituted  in  any  town  not  containing  tw^elve  thousand 
inha])itants,  nor  unless  it  be  with  the  consent,  and  on  the 
a})plication  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  municii)al  or 
city  government,  shall  be  subject,  at  all  times,  to  be  an- 
nulled by  the  general  court. 

Art.  hi.  Every  male  citizen  of  twenty-one  years  of 
age  and  upwards,  exce[)ting  paupers  and  persons  under 
guardianship,  who  shall  have  resided  within  the  common- 
wealth one  year,  and  within  the  town  or  di.strict  in  which 
he  may  claim  a  right  to  vote,  six  calendar  months  next 
preceding  any  election  of  governor,  lieutenant-governor, 
senators,  or  representatives,  and  who  shall  have  paid,  by 
himself,  or  his  parent,  master,  or  guardian,  any  state  or 
county  tax,  which  shall,  within  two  years  next  preceding 


COMMONWEALTH   OF  MASSACHUSETTS.  35 

such  election,  have  been  assessed  upon  him,  in  any  town  For  educational 
or  district  of  this  commonwealth ;  and  also  every  citizen  eee^amend?"' 
who  shall  be,  by  law,  exempted  from  taxation,  and  who  KoTpi'ovisioaM 
iahall  be,  in  all  other  respects,  qualified  as  above  mentioned,  \°  ^^°^'^  ^^'5°. 

.  i  .•',,.  .  have  served  in 

shall  have  a  right  to  vote  in  such  election  or  governor,  the  army  or 
lieutenant-governor,  senators,  and  representatives  ;  and  no  wTr'I^Bes  amend- 
other  person  shall  be  entitled  to  vote  in  such  elections.        xxvi'il'^'^' 

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

Art.  IV.     Notaries  public  shall  l)e  appointed  by  the  Notaries  public, 
governor  in  the  same  manner  as  judicial  officers  are  ap-  and  rem'oved!'* 
pointed,  and  shall  hold  their  offices  during  seven  j^ears, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the 
legislature. 

[In  case  the  office  of  secretary  or  treasurer  of  the  com-  Vacancies  in  the 
monwealth  shall  become  vacant  from  any  cause,  during  ury^and^t^eas^" 
the  recess  of  the  general  court,  the  governor,  Avith  the  iwg clause "''*^' 
advice  and  consent  of  the   council,   shall    nominate    and  ^up^^sededby 

.     ,  1  ,  li-  1  -111         amendments, 

appoint,  under  such  regulations  as  may  be  prescribed  by  An.  xvii. 
law,  a  competent  and  suital)le  person  to  such  vacant  office, 
who  shall  hold  the  same  until  a  successor  shall  be  appointed 
by  the  general  court.] 

\Mienever  the  exigencies  of  the  commonwealth    shall  commissary. 

~  ^  _  general  may  be 

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

All  officers  commissioned  to  command  in  the  militia  Muitia  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  members  of  their  respective  compa-  lub.Sus"^ '""^ 
nies,  as  well  those  under  as  those  above  the  age  of  twenty- 
one  years,  shall  have  a  right  to  vote. 

Art.  VL     Instead  of  the  oath  of  allegiance  prescribed  oathtobetaken 

,  ~  i  by  all  orncei's. 

by  the  constitution,  the  following  oath  shall  be  taken  and  |ff  S^°*V 
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  will  1)ear  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-  r'roviso.  Qiia. 
nation  called  Quakers,  and  shall  decline  taking  said  oath, 


Tests  abolished. 


36  CONSTITUTION  OF  THE 

he  shall  make  his  affirmation  in  the  foregoinp^  form,  omit- 
ting the  word  "  swear"  and  inserting,  instead  thereof,  the 
Avord  ' '  affirm,"  and  omitting  the  words  ' '  So  help  me,  God," 
and  sul)joining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 

Art.  VII.  No  oath,  declaration,  or  subscription, except- 
ing the  oath  prescrilied  in  the  preceding  article,  and  the 
oath  of  office,  shtdl  be  required  of  the  governor,  lieutenant- 
governor,  councillors,  senators,  (U'representatives,  toqualify 
them  to  ])erform  the  duties  of  their  res}>ective  offices. 
iToS!""''''^  Art.  VIII.  No  judge  of  any  court  of  this  common- 
000.'^''^*'^*^'  wealth,  (except  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,  sherifi\  treasurer,  and  receiver-general, 
register  of  probate,  nor  register  of  deeds,  shall  continue 
to  hold  his  said  office  after  beino-  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 
afoi'esaid,  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. 
^Zuunion'* '°  Art.  IX.  If,  at  any  time  hereafter,  any  specific  and 
how  made. '  particular  amendment  or  amendments  to  the  constitution 
l3e  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  l)y  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  ^^^Xkaiye^S 
Wednesday  of  January,  instead  of  the  last  Wednesday  of 
May  ;  and  the  general  court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  by  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.  And  the  general  court  shall  l)e  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  Wednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

FThe   meetino;  for  the  choice  of  o-overnor,  lieutenant- Meetings  for  the 

L  o  ^o  iiiiiii  clioiceof  gov- 

governor,  senators,  and  representatives,  shall   be  held  on  einor.ii.uten- 
the  second  Monday  of  November  in  every  year  ;  but  meet-  etc  .when  to' be 
ings  may  he   adjourned,   if  necessary,  for  the  choice  of  xhisci.iuse 
representatives,  to  the  next  day,  and  again  to  the  next  ^r^^^^Tm^mlJ 
succeeding  day,  but  no  further.      But  in  case  a  second  ^r'-  ^v. 
meeting  shall  l^e  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  l)e  so  far  altered,  as 
to  have  like  reference  to  the  first  Wednesday  of  January. 

This  article  shall  go  into  operation  on  the  first  tlay  of  ^jYnto'ope.lV° 
Octol)er,  next  folloAving  the  day  when  the  same  shall  ])e  tion. 
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  qua,lified  in  their  stead,  and  no  longer;  and  the  first 


38  COXSTITUTION   OF   THE. 

election  of  the  governor,  licuteniint-goveinor,  senators,  and 

iw,,.         representatives,  to  be  had  in  virtue  of  this  article,  shall 

])e  had  conformably  thereunto,  in  the  month  of  November 

following  the  day  on  which  the  same  shall  be  in  force,  and 

go  into  o})eration,  pursuant  to  the  foregoing  provision. 

provrsfoNs"'  ^^1  ^^^^  provisions  of  the  existing  constitution,  incon- 

anuuiitd.  sistcut  with  the  provisions  herein  contained,  are  hereby 

wholly  annulled. 
f^Sr  Airr.   XI.     Instead  of  the  third  article  of  the  bill  of 

estiii lished.        riohts,  the  followinu"  modification  and  amendment  thereof 

Kee  Dec.  of  i"'  '  O 

ni^^hu.  Alt.       {.J,  t^ubstituted  :  — 

"  As  the  public  worship  of  God  and  instructions  in 
piety,  religion,  and  morality,  promote  the  hap})iuess  niid 
l)rosi)erity  of  a  })eople,  and  the  security  of  a  repuldican 
government;  therefore,  the  several  religious  societies  of 
this  commonwealth,  whether  corporate  or  unincorporate, 
at  any  meeting  leg.iUy  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  suj-port, 

to  raise  money  fo"  erecting  and  repairing  houses  for  public 
worship,  for  the  maintenance  of  religious  instruction,  and 
for  the  payment  of  necessary  expenses ;  and  all  |)ersons 
belonging  to  any  religious  society  shall  be  taken  and  held 
to  be  members,  until  they  shall  tile  with  the  clerk  ot  such 
society  a  written  notice,  declaring  the  dissolution  of  their 
membership,  and  thenceforth  shall  not  be  liable  for  any 
grant  or  ct)ntract  which  may  be  thereafter  made,  or  entered 
122 Mass. 40,41.  i,j{o  \^y  ^[n^\i  soclcty  ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceably,  and  as  good  citi- 
zens  of   the    conunonweallh,  shall   be  equally  under  the 
protection  of  the   law  ;  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  estal>lished 
by  law." 
censna  of  rata-        AuT.  XII.      [lu  ordcr  to  providc  for  a  re])resentation 
takcnV.r's:;;?'     of  tlic  citizcus  of  tliis  couunou Wealth,  founded  upon  the 
theUaTu"'.''''''^  principles  of  e(iuality,  acensus  of  the  ratal)le  polls,  in  each 
8u'vVrtdi-!rh  "^  ^'ity,  town,  and  district  of  the  commonweallh,  on  the  first 
ainiiKim  iits,      day  of  May,  shall  be  taken  and  returned  into  the  sccre- 
wiii":h\va^'aiso    tary's  ofl5ce,  in  such  manner  as  the  legislature  shall  pro- 
a"n?n.i-m-ut.s!^    vlde,  wlthiu  tho  month  of  May,  in  the  year  of  our  Lord 
ilppr^si^nVa.        OHe  thousaud  eight  hundred  and  thirty-seven,  and  in  every 
lives,  how  tenth  vear  thereafter,   in  tho  month  of  May,   in  mamier 

apportioned.  »i  '«i"    .y^*"     >-  '  ...  i  i        i 

aforesaid;  and  each  town  or  city  wavmg  three  hundred  rata- 
])le  polls  at  the  last  preceding  decennial  census  of  polls, 
may  elect  one  repi-esentative,  and  for  every  four  hundred 


commonwp:alth  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  having 
shall  be  represented  thus  :  The  whole  number  of  ratable  laubiL^poUs, 
l)olls,  at  the  last  preceding  decennial  census  of  polls,  shall  |;o;v '■«P''^«'^"t- 
be  multii)lied  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  havino;  ratable  polls  enouijh  to  elect  rracuons.how 

J  J  r-  I  1  >  11      represented. 

one  or  more  representatives,  with  any  number  ot  polls 
beyond  the  necessary  number,  may  be  represented,  as  to 
that  sur[)lus  numl)er,  by  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  ; 
and  sucli  city  or  town  may  elect  one  additional  re[)resen- 
tative  as  many  ^^ears,  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 
may,  by  consent  of  a  majority  of  the  legal  voters  present  seiltauvc'du^'^^* 
at  a  legal   meeting,  in  each  of  said  towns  and  districts,  ^''"^''^" 
respectively,  called  for  that  [)urpose,  and  held  previous  to 
the  first  day  of  July,  in  the  year  in  vvhich  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  rep- 
resentative district  to  continue    until   the  next  decennial 
«.-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  ratable  polls. 

The  governor  and  council  shall  ascertain  and  determine,  Thecovemor 
within  the  months  of  July  and  August,  in  the  year  of  our  d"tenninethc 
Lord  one  thousand  eight  hundred  and  thirty-seven,  accord-  "esTn'tativlsto" 
ing  to  the  foregoing  principles,  the  number  of  representa-  town'^is'eutiiied. 
fives,  which  each  city,  town,  and  representative  district  is 
entitled  to  elect,  and  the  number  of  years,    within  the 
period   of  ten    years  then  next  ensuing,  that  each  city, 
town,  and  representative  district  may  elect  an  additional 
representative ;  and  v/here  any  town  has  not  a  sufficient 
number  of  polls  to  elect  a  representative  each  year,  then, 
how  many  years  within  the  ten  years,  such  town  may  elect 
a  representative  ;  and  the  same  shall  be  done  once  in  ten  Now  apportion. 

"^         ,,  -•-  I  /I  1  •!  1    j1        meiit  to  bo  made 

years,  thereafter,  by  the  governor  and  council,  and  the  onco  in  every 
lunnber  of  ratable  polls  in  each  decennial  census  of  polls,  t"" >'-''*""• 
shall  determine  the  number  of  re|)resentatives,  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 

annulled. 


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

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


House  of  repre- 
sentatives, how 
apportioned. 
Provisions  as  to 
representatives 
superseded  by 
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,  the  governor  shall  cause  the 
same  to  be  published  forthwith  for  the  information  of  the 
people,  and  that  number  shall  remain  fixed  and  unalterable 
for  the  period  of  ten  years. 

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

Art.  XIII.  [A  census  of  the  inhaliitants  of  each  city 
and  towni,  on  the  first  day  of  May,  shall  be  taken,  and 
returned  into  the  secretary's  office,  on  or  before  the  last 
day  of  June,  of  the  }ear  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.  iJ2  Mass.  59.5. 

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

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

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

Any  two  or  more  of  the  several  towns  may,  by  consent 
of  a  majority  of  the  legal  voters  present  at  a  legal  meet- 
ing, in  each  of  said  towns,  respectively,  called  for  that 
purpose,  and  held  before  the  first  day  of  August,  in  the 
year  one  thousand  eight  hundred  and  forty,  and  every 
tenth  year  thereafter,  form  themselves  into  a  rei)resenta- 
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  Baeis  of  repre. 

...  ,     .•  1    .1  •  •  sentation,  and 

to  elect  one  representative,  and  the  mean  mcreasing  num-  ratio  of  increaae. 
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 
conunonwealth  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  o-overnor  and  The  governor 

•'  _  ^  '  o  _  ana  council  to 

council  shall,  before  the  tirst  day  of  September,  ai)i)orti()n  apportion  the 

,  ,  /.  .       .  I   •    1  1         "i        \l  1    number  of  rep- 

the  number  ot  representatives  which  each  city,  town,  and  resentatives of 
representative  district  is  entitled  to  elect,  and  ascertain  fneveryTea"'^^ 
how  many  years,  within  ten  years,  any  town  may  elect  a  ^'''"""" 
representative,  which  is   not   entitled  to  elect  one  every 
year ;  and  the  governor  shall  cause  the  same  to  be  pub- 
lished forthwith. 

Nine  councillors  shall  be  annually  chosen  from  among  councillors  to 
the  people  at  large,  on  the  first  Wednesday  of  January,  theVopi*-- i'°™ 
or  as  soon  thereafter  as  may  l)e,  by  the  joint  ballot  of  the  provimons  as  to 
senators  and  representatives,  assembled  in  one  room,  who  g,"pergeded by 
shall,  as  soon  as  may  be,  in  like  manner,  till  up  any  vacan-  aiiien^meuts, 
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  any  other  estate,  shall  ^,''aurt°ation'for 
be  ro(|nired  as  a  qualification  for  holding  a  seat  in  either  a  seat  in  general 

'         .  1  .         ,  ~  .  .,  court  or  council 

l)ranch  ot  trie  general  court,  or  in  the  executive  council.      not  required. 

Art.  XIV.     In  all  elections  of  civil  officers  by  the  peo-  Elections  by  the 
]ile  of  this  commonwealth,  whose  election  is  provided  for  phinuit'y  of   ^ 
i»y  the  constitution,  the  person  having  the  highest  number  ^°"^^- 
of  votes  shall  be  deemed  and  declared  to  be  elected. 

AuT.  XV.     The  meetin"'  for  the  choice  of  governor,  Time  of  annual 

,.  '^  ,  1     .'  1      11   election  of  gov- 

lieutenant-governor,  senators,  and  representatives,   snail  emor and legis. 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  '"'"'"• 
November,  annually  ;  but  in  case  of  a  failure  to  elect  rei)re- 
sentatives  on  that  day,  a  second  meeting  shall  be  holden, 
for  that  purpose,  on  the  fourth  Monday  of  the  same  month 
of  November. 


42 


COXSTITUTIOX  OF  THE 


Eight  council- 
lorn  to  be  chosen 
by  the  peopK". 
122  Mass.  5i»5, 
593. 


Legislature  to 
district  elate. 


Eligibility 
detiaed. 


Day  and  manner 
of  election, etc. 


Vacancies,  how 

filled. 

Fur  now  pro- 

vitijoii  as  to 

vacancies,  see 

.-imendmeuts, 

XXV. 


Organization  of 
the  government. 


Art.  XVI.  Eight  councillor.s  shall  be  annually  chosen 
by  the  inhabitants  of  this  c'onnnon\ve:ilth,  qualitied  to  vote 
for  iiovernor.  The  cU^ction  of  councillors  shall  l)e  deter- 
niined  by  the  sanio  rule  that  is  r('(]uire(l  iu  the  election  of 
governor.  The  legislature,  at  its  tirst  session  alter  this 
amendment  shall  have  been  adopted,  and  at  its  tirst  ses- 
sion after  the  next  slate  census  shall  have  been  taken, 
and  at  its  iiist  session  after  each  decennitil  state  census 
thereufterwards,  shall  divide  the  coninionweaKh  into  eight 
districts  of  contiguous  tciuitory,  each  containing  a  number 
of  inhal)itants  as  nearly  equal  as  practicable,  witliout  divid- 
ing any  town  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  '.provided,  hoivpver,  that  if,  at  anytime,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  distri'-ts,  that  each  district 
shall  consist  of  live  contiguous  senatorial  districts,  as 
they  shall  be,  from  time  to  time,  established  by  the  legisla- 
ture. No  person  shall  bo  eligjl)le  to  the  office  of  council- 
lor who  has  not  been  an  inhal)itant  of  the  commonwealth 
for  the  term  of  five  years  immediately  preceding  his  elec- 
tion. The  day  and  mtinncr  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  l)e  a  failure  to  elect  the  full  num- 
ber of  councillors,  the  Aacancics  shall  be  lilled  i:i  the  same 
manner  as  is  required  for  (illing  vacancies  in  the  senate  ; 
and  vacancies  occasioned  l)y  death,  removal  from  the  state, 
or  otherwise,  shall  bo  tilled  in  like  manner,  as  soon  as  may 
be,  after  such  vacancies  shall  have  happened.]  And  that 
there  may  be  no  delay  in  the  organization  of  the  govern- 
ment on  the  first  Wednesday  of  January,  the  governor, 
with  at  least  five  councillors  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  returned  copies  of  the  records 
for  the  election  of  governor,  lieutenant-governor,  and  coun- 
cillors ;  and  ten  days  before  the  said  first  AA'ednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen,  to  attend  on  that  day  to  be  qualitied 
accordingly;  and  the  secretary  shall  la^^the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
Wednesday  in  January,  to  be  l)y  them  examined;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 
shall  be  by  them  declared  and  published  ;  but  in  case 
there  shall  be  no  election  of  either  of  said  officers,  the 
legislature    shall    proceed   to   fill    such  vacancies  in   the 


COMMONWEALTH   OF   MASSACHUSETTS.  43 

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

Art.  XYH.     The  secretary,   treasurer   and    receiver- Eiccfion  of 
general,   auditor,   and  attorney-general,   shall    be  chosen  u'iti%a\idUo7,^' 
annually,  on  the   day   in    November   prescribed    for   the  g"'!en.?by7ii8 
choice  of  governor  ;   and  each  jjcrson  then  chosen  as  such,  people 
duly  (jualitied  in  other  respects,  shall   hold    his  othce   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  })e  such  as  are  required 
in  the  election  of  o:overnor.     In  case  of  a  failure  to  elect  vacancieg,  how 

.        .  ,  ~  .  T  ,  filled. 

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  AVednesday  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  l)ecome  va- 
cant, from  any  cause,  daring  an  amnial  or  special  session 
of  the  general  court,  such  vacancy  shall  in  like  manner 
be  tilled  by  choice  from  the  people  at  large  ;  l)ut  if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supplied 
by  the  go\ernor  by  appointment,  with  the  advice  and  con- 
sent of  tlie  council.  'J  he  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 qualify  wuh. 
offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  o"henvi«e "offlca 
after  he  could  otherwise  enter  upon  his  duties,  to  quality  vacaut.'"^"^'''' 
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  live  years  next  preceding  his 
election  or  apjwintment. 

Art.  XVIII.     All  moneys  raised  by  taxation  in  the  school moncya 
towns  and  cities  for  the  support  of  public  schools,  and  ".iiod''fo'r «xta- 
all  moneys  which  may  be  a])))ropriated  by  the  state  for  l.ovori'|;'in!iV 
the  support  of  common  schools,  shall  be  applied  to,  'I'ltl  ^"hoo^j,"",;^ '** 
expended  in,  no  other  schools  than  those  which  are  con-  '"'"";',!"■""'_, 

iji  T  1  11  1  1  ii       I'artlMlBt,  Art, 

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


44 


CONSTITUTIOX  OF  THE 


12  Allen,  500, 

508. 

103  Mass.  94,  96, 


Legislature  to 
prescribe  for 
the  election  of 
sheriffs,  regis- 
terfl  of  probate, 
etc.,  by  the 
people. 
8  Gray,  1. 
i:i  Gray,  74. 
110  Mass.  172, 
173. 

Reading  consti- 
tution in  English 
and  writing, 
necessary  quali- 
fications of 
voters. 
Proviso. 
For  other  quali- 
fications, see 
amendments, 
Art.  III. 
See  also  amend- 
ments, Alt. 
XXIII.,  which 
was  annulled  by 
amendments. 
Art.  XXVI. 

Census  of  legal 
voters  and  of 
inhabitants, 
when  taken,  etc. 
See  P.  S.  c.  31. 


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


ence  of  the  authorities  of  tlie  town  or  city  in  which  the 
money  is  to  he  expended  ;  and  such  moneys  shall  never 
be  appropriated  to  any  religious  sect  for  the  maintenance, 
exclusively,  of  its  own  school. 

Art.  XIX.  The  legislature  shall  prescribe,  by  general 
law,  for  the  election  of  sherifls,  registers  of  probate,  com- 
missioners of  insolvency,  and  clerks  of  the  courts,  by  the 
people  of  the  several  counties,  and  that  district-attorneys 
shall  be  chosen  by  the  people  of  the  several  districts,  for 
such  term  of  office  as  the  legislature  shall  prescribe. 

117  Mass.  602,  603.  121  Mass.  6.5. 

Aet.  XX.  No  person  shall  have  the  right  to  vote,  or 
1)6  eligible  to  office  under  the  constitution  of  this  common- 
wealth, who  shall  not  be  able  to  read  the  constitution  in 
the  English  language,  and  write  his  name  -.  'provided^  how- 
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  Avho  shall  be 
sixty  years  of  age  or  upwards  at  the  time  this  amendment 
shall  take  effect. 

AiiT.  XXI.  A  census  of  the  legal  voters  of  each  city 
and  town,  on  the  first  day  of  ^lay,  shall  be  taken  and 
returned  into  the  office  of  tlie  secretary  of  the  common- 
wealth, on  or  l:>efore  the  last  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fiftv-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enumer- 
ation shall  l)e  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city.  The 
enumeration  aforesaid  shall  determine  the  apportionment 
of  representatives  for  the  periods  between  the  taking  of 
the  census. 

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


COMMONWEALTH   OF  MASSACHUSETTS.  45 

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

wealth,  to  certify,  as  soon  as  may  be  after  it  is  determined  authori°e°ur'^^ 

l)y  the  legislature,  the  number  of  representatives  to  which  '^'^"^®  counties. 

each  county  shall  be  entitled,  to  the   board  authorized  to 

divide   each    county    into    representative   districts.     The 

mayor  and  aldermen  of  the  city  of  Boston,  the  county 

connnissioners  of  other  counties  than  Suffolk,  —  or  in  lieu 

of  the  mayor  and  aldermen  of  the  city  of  Boston,  or  of  the 

county  commissioners  in  each  county  other  than  Suftblk, 

such   l)oard   of  special  commissioners  in  each  county,  to 

be  elected  by  tlie  i)eo})le  of  the  county,  or  of  the  towns 

therein,  as  may  for  that  purpose  be  provided  1)y  law, — 

shall,    on   the    first   Tuesday  of  Au2:ust  next  after  each  Meethisrfor 

.       •'  ,  ~  ,  division  to  be 

assignment  ot  representatives  to  each  county,  assemble  at  urst  Tuesday 
a  shire  town  of  their  respective  counties,  and  proceed,  as  Proceediugs. 
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  numl)er  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  inliabitant  of  the  district  lojMrss.^sgir' 
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 
numl)ered  by  the  board  creating  the  same,  and  a  descrip-  described  Lnd 
tion  of  each,  with  the  numbers  thereof  and  the  numl)er  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  he  filed  and  kept  in  their  respective  offices.     The 
planner   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  One  hundred 
hundred  members  of  the  house  of  representatives  shall  l"uoru'a"^ 
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. 

Art.  XXn.     A  census  of  the  legal  voters  of  each  city  Census,  etc. 
and  town,  on  the  first  day  of  iSIay,  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 


46 


CONSTITUTION  OF  THE 


Voters  to  be 
basis  of  appor- 
tionment of 
eeuators. 


Senate  to  consiBl 
of  forty  raem- 
bern. 


Senatorial 
districts,  etc. 


See  amend- 
nieiite.  Art. 
XXIV. 


Qualifications 
of  senators. 


Sixteen  mem- 
bers a  quorum. 


Residence  of 
two  years  re- 
quired of  natu- 
ralized citizens, 
to  (lUille  to  suf- 
fr.asje  or  mako 
eliu'ihlo  toottice. 
This  article 
annniled  liy 
Art.  XXVI. 


Vacancies  in  the 
senate. 


Vacancies  in  the 
council. 


thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eisht  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration .shall  be  made  of  the  leafal  voters,  and  in  eacli 
city  said  enumeration  shall  specify  the  num1)er  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  shall  consist  of  forty  members.  The 
general  court  shall,  at  its  first  session  after  each  next  pre- 
ceding special  enumeration,  divide  the  commonwealth  intO' 
forty  districts  of  adjacent  territory,  each  district  to  contain,, 
as  nearly  as  may  be,  an  equal  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  j^^ovided,  hoiceue7'y. 
that  no  town  or  ward  of  a  city  shall  l)e  divided  therefor;; 
and  such  districts  shall  be  formed,  as  nearly  as  may  be,, 
without  uniting  two  counties,  or  parts  of  two  or  more- 
counties,  into  one  district.  Each  district  shall  elect  one: 
senator,  who  shall  have  been  an  inhabitant  of  this  com- 
monwealth five  years  at  least  immediately  preceding  his 
election,  and  at  the  time  of  his  election  shall  be  an  inhab- 
itant of  the  district  for  which  he  is  chosen  ;  and  he  shall 
cease  to  represent  such  senatorial  district  when  ho  shall 
cease  to  be  an  inhabitant  of  the  commonwealth.  Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members. 

Art.  XXIII.  [No  person  of  foreign  birth  shall  be  en- 
titled to  vote,  or  shall  be  eligible  to  olfice,  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  :  pi'ovided,  that  this  amend- 
ment shall  not  aiiect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and, 
jir^vlded,  further,  that  it  shall  not  atfect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  al)sence  of  the  parent  therefrom.] 

Art.  XXIV.  Any  vacancy  in  the  senate  shall  be  filled 
l)y  election  by  the  pco})le  of  the  unrepresented  district^ 
upon  the  order  of  a  majority  of  the  senators  elected. 

Art.  XXV.  In  case  of  a  vacancy  in  the  council,  from: 
a  failure  of  election,  or  other  cause,  the  senate  and  house 


CO^^LMONWEALTII   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  oflicc.  If  such  vacancy  shall 
happen  v/hen  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  mny  fill  the 
same  ])y  a])j:)ointment  of  some  eligible  person. 

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

Art.  XXVII.     So  much  of  article  two  of  chapter  six  onicoipof 
of  the  constitution    of  this  connnonwealth  as  relates  to  inay'llc'ikaed* 
])ersons   holding   the    office    of  president,    professor,    or  !;i!u'"'!i'i'co"urt. 
instructor  of  Harvard  College,  is  hereby  annulled. 

Art.  XXVIII.     No  person  having  served  in  the  army  rersona  havingr 
or  navy  of  the  United  States  in  time  of  war,  and  having  i;.'s.\iraiy  or 
been  honorably  discharged  from  such  service,  if  otherwise  I^i.^'tnlquat' 
qualified  to  vote,  shall  be  disqualified  therefor  on  account  i^^<-^;if'omvoiiug, 
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  ])ower  yoiinsrprcv 
and  authority  to  provide  for  the  inhabitants  of  the  towns 
in  this  Commonwealth  more  than  one  place  of  public  meet- 
ing within  the  limits  of  each  town  for  the  election  of  of- 
ficers under  the  constitution,  and  to  prescribe  the  manner 
of  calling,  holding  and  conducting  such  meetings.  All 
the  provisions  of  the  existing  constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 


Ciucta  lu  towns. 


48  CONSTITUTION   OF  THE 

The  constitution  of  Massachusetts  was  agreed  upon  by  delegates 
of  the  people,  in  convention,  begun  and  lield  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  votes  given  should  be  in  the  affirmative. 
When  the  convention  assembled,  it  was  found  that  the  constitution 
had  been  adopted  by  the  requisite  number  of  votes,  and  the  conven- 
tion accordingly  ^ResoZt'erZ,  "  That  the  said  Constitution  or  Frame  of 
Government  shall  take  place  on  the  last  Wednesday  of  October  next ; 
and  not  before,  for  any  purpose,  save  only  for  that  of  making  elections, 
agreeable  to  this  resolution."  The  first  legislature  assembled  at  Bos- 
ton, on  the  twenty-fifth  day  of  October,  1780. 

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

The  tenth  Article  was  adopted  by  the  legislatures  of  the  j^olitical 
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  peojjle  November  11,  1833. 

The  twelfth  Article  Avas  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  legislatm-es  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  May,  1855. 

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  49 

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

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

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

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

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  CONSTITUTION, 


A. 

Page 
Address  of  both  houses  of  the  legislature,  judicial  ofTicers  may  be 

removed  by  governor  with  consent  of  council  upon,  .         2G 

Adjutant-g'encral,  appointed  by  the  governor, 23 

Adjutants,  to  be  appointed  by  commanding  officers  of  regiments,  .  22 
A'llr-.r.atlons,  instead  of  the  required  oaths,  may  be  made  by  Quakers,  ."0,  ?>l ,  ."5 
A::r:c.uloUrc.  arts,  commerce,  etc.,  to  be  encouraged,  .        .        .        ;        23 

Alimony,  divorce,  etc., 27 

Anicudmeut  to  the  constitution,  proposed  ni  the  general  court, 
agreed  to  by  a  majority  of  senators  and  two-thirds  of 
house  pi'csent  and  voting  thereon  by  yeas  and  naj/s ;  en- 
tered upon  tlie  journals  of  both  houses,  and  refi-rrcd  to 
the  next  general  court;  if  the  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  tiie  same 
effect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  part  of  the  con- 
stitution,        3G,  37 

Apportionment  of  councillors,      . 24,  41,  42 

state  to  be  divided  into  eiglit  districts, 42 

Apportionment  of  senators, 13,  40,  4G 

on  l^asis  of  legal  voters,  and  state  to  be  divided  into  forty 

districts, 46 

Apportionment  of  representatives, 10,39,40,44 

to  tlie  sevei'al  counties,  made  on  the  basis  of  legal  voters,        .         44 
Armies,  dangerous  to  liberty,  and  not  to  be  maintained  witliout  con- 
sent of  the  legislature, 8 

Arms,  riglit  of  people  to  keep  and  to  bear,  for  public  defence,           .  8 
Arrest,  members  of   house  of  representatives  exempted  from,  on 
mesne  process,  wliile  going  to,  returning  from,  or  attend- 
ing the  general  assembly, 13 

Arrest,  search  and  seizurcv,  riglit  of,  regulated, 7 

Av::rrant  to  contain  special  designation, 7 

Attorney-general,  to  be  clioscn  by  the  i^coplc  annually  in  No\-ember,  21,  4.3 
to  liold  oflicc  for  one  j^ear  from  third  "Wednesday  in  January 

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

election  determined  by  legislature 43 

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

votes  at  November  election, 43 

51 


52  INDEX   TO   THE   CONSTITUTION. 


Page 


Attorney-general,  vacancy  occnrrin<^  dui'ing  session  of  the  legisla- 
ture, filled  by  joint  liallot  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  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,      ....         43 

oflice  to  be  deemc-d  A'acant  if  person  elected  ©r  appointed  fails 

to  be  qualified  within  ten  days, 43 

Attorneys,  district,  elected  bj'  the  people  of  the  several  districts,       .         44 
Auditor,  to  be  chosen  by  the  people  annually  in  November,         .         .         43 

to  hold  ollice  for  one  5-ear  from  tliird  Wednesday  in  .Tanuary 

next  tliereafter,  and  until  another  is  chosen  and  (lualifled,         43 

election  determined  by  legislature,     ......         43 

A'acanc}'^  filled  in  same  manner  as  in  office  of  attorney-general,         43 

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

next  preceding  election, 43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 


B. 

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

Bills,  money,  to  originate  in  tlie  house  of  representatives,  .         •         17 

Bills  and  resolves,  to  be  laid  before  governor  for  revisal,  ...         10 
to  have  force  of  law  if  signed  by  governor,       ....         10 
if   objected   to   by   governor  in   writing,   to   be  returned   to 
brancli  in  which  originated,  and  may  be  passed  by  two- 
tliirds  of  each  ])ranch  present  and  voting  thereon  by  yeas 

and  nays, 10 

if  not  returned  l)y  governor  within  five  days  after  presenta- 
tion, to  have  force  of  law,  unless  tlie  legislature  adjourns 

before  that  time  expires, 11,34 

Boards,  public,  to  make  quarterly  repoi'ts  to  the  governor,         .         .         22 

Body  politic,  formation  and  nature  of, 3 

title  of  •  The  Commonwealth  of  Massachusetts,        ...         10 
Bribery  or  corruption  used  in  procuring  an  appointment  or  election, 

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


c. 

Census  of  ratable  polls, 38 

of  inhabitants,  • 40,  44,  45 

of  inliabitants  and  legal  voters  taken  in  tlie  j'ear  18G5,  and 

every  tenth  year  thereafter,  .         .         .         .         .         .  44,  46 

enumeration   of   voters   to   determine   the   apportionment  of 

repi'esentatives,    . 44 


INDEX   TO   THE   CONSTITUTION.  53 

Page 
Cities,  may  be  chartered  by  the  general  court,  if  contaiuiug  twelve 
thousand    inhabitants   and   consented  to    by  a   majority 

thereof, 34 

Civil  officers,  meeting  for  election  to  be  held  amiually  on  the;  Tues- 
day next  after  the  first  Monday  in  November,    ...         41 
whose   election   is    provided   for    by  the   constitution   to   be 

elected  by  a  plurality  of  votes, 41 

Clerks  of  courts,  elected  bj'  tlie  people  of  the  several  counties,  .  44 
Clerks  of  towns,  to  make  records  and  returns  of  elections,  .  .  13 
Colonial  laws,   not    repugnant  to   the    constitution,   continued    in 

force, 32 

Commander-in-chief,  governor  to  be, 20 

Commerce,  agriculture  and  the  arts,  to  be  encouraged,       ...         29 
Commissary-general,  appointed  and  commissioned  as  fixed  by  law,    .  25,  35 
Commission  officers,  tenure  of  office  to  be  expressed  in  commissions,         26 
Commissioners  of  insolvency,  elected  by  the  people  of  tlie  several 

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

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

seal  affixed, 32 

Congress,  delegates  to,         .........         27 

members  of,  may  not  hold  certaha  state  offices,  .         .         36 

Constitution,  amendment  to,  proposed  in  the  general  com-t,  agreed 
to  by  a  majority  of  senators  and  two-thirds  of  the  house 
present  and  A'oting  thereon  by  yeas  and  nays;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  effect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
b}^  a  majority  A'ote,  becomes  a  part  of  the  constitution,  . 
Constitution,  provisions  for  revising,  .         .         . 

to  be  enrolled  on  parchment,  deposited  in  secretar}''s  office, 
and  ijrinted  in  all  additions  of  the  laws,      .... 

Coroners, 

Corruption  or  bribery  used  in  procuring  any  appointment  or  elec- 
tion, to  disqualify  from  holding  any  office  of  trust,  etc., 

Council,  live  members  to  constitute  a  quorum, 

eigiit  councillors  to  be  elected  annually,     ..... 
election  to  be  determined  b}'  rule  required  in  that  of  gover- 
nor,        42 

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

presence  of  both  houses  of  assembly,  .         .         .         .         2J> 

to  ranlv  next  after  the  lieutenant-governor,         ....         25 
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 


36, 

37 

33, 

36 

34 

21 

32 

24 

24, 

42 

54  INDEX   TO   THE   CONSTITUTION. 

V&ge 

Council,  no  property  qualification  required, 41 

eight  districts  to  be  formed,  each  composed  of  live  coutii;;uous 

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  tilled  by  election  of  a  resident  of  the  district  by 
concurrent  vote  of  the  senate  and  house ;  if  legislature  is 
not  in  session,  to  be  filled  by  governor  with  advice  of 
council,         ..........  46,  47 

Court,  superior,  judges  not  to  hold  certain  other  offices,     ...         36 
Court,   supreme  judicial,  judges  to   have  honorable   salaries   fixed 
Ijy  standing  laws,  and   to   hold   oftice   during  good   be- 
havior,           .         .         .         .         .    9,  23 

judges  not  to  hold  certain  otlier  offices,     .         .         .         ...         36 

to  give  opinions  upon  important  (piestions  of  law,  etc.,  when 
required   b}'  either  branch  of  the   legislature  or  by  the- 
governor  and  council,  .......         26 

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

Courts,  probate,  provisions  for  holding, 26 

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

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

may  administer  oaths  or  affirmations,  .         .         .         .         11 

Crimes  and  offences,  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,      .        .        .     20,35,36 

Delegates  to  congress, 27 

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

District  attorneys,  elected  by  the  people  of  tlie  several  districts,        .  44 
Districts,  councillor,  eiglit,  eacli  to  he  composed  of  five  contiiiuous 

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  tlie 

several  counties,  .         .         .         .         .         .         .         .         .  39,  45 

Divorce,  alimony,  etc., 27 

E. 

Educational  interests  to  be  cherished, 29 

Elections  ouglit  to  be  free,  .........  6 

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


INDEX   TO   THE   CONSTITUTION.  55 

Page 
Election  of  civil  officei's,  meeting  to  be  held  annually  on  the  first 

Tuesday  next  after  the  first  Monday  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  talien  anew  once  at  least  ever}'  ten  years,  .  12 
Executive  department,  not  to  exercise  legislative  or  judicial  powers,  9 

Ex  post  facto  laws,  declared  unjust  and  oppressive,    ....  9 

F. 

Felony  and  treason,  no  subject  to  be  declared  guiltj'  of,  by  the  legis- 
lature, ............  9 

Fines,  excessive,  not  to  be  imposed,    .......  9 

Frame  of  government, 10 

Freedom  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  representa- 
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  witli  the  advice  of  council,   10,  19,  37 
may  constitute  and  erect  judicatories  and  courts,      .         .         .         11 
may  malvc  wholesome  and  reasonable  laws  and  ordinances  not 

repugnant  to  the  constitution,         .         .         .         .         .         .         II 

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, KJ 

may  be  adjourned  or  prorogued,  upon  its  request,  by  the  gov- 
ernor with  advice  of  council,       ......         10 

session  may  be  directed  by  governor,  with  advice  of  council, 
to  be  held  in  other  tlian  tlie  usual  place  in  case  of  an  iufec- 
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  briberj%  not  to  hold  seat  in,        ...         32 
may  increase  property  qualifications  of  persons  to  be  elected 

to  office, 32 

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

may  be  prorogued  by  governor  and  comicil  for  ninety  daj's,  if 

houses  disagi'ce,  etc., 20 

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

empowered  to  charter  cities, 34 

to  determine  election  of  governor,   lieutenant-governor  and 

councillors,  .         .         .         .         .         .         .         .         .         .  41,  42 

to  prescribe  bylaw  for  election  of  slieriffs,  registers  of  probate 
and  commissioners  of  insolvency  l)y  the  people  of  tlie 
counties,   and   district  attorneys    by  the   people   of    tlie 

districts, 44 

Government,  objects  of, 3,  5,  6 

Government  by  the  people,  as  a   free,    sovereign  and  independent 

state,    ...........  5 

Governor,  tlie  supreme  executive  magistrate,  styled,  —  The  Gover- 
nor of  the  Commonwealth  of  Massachusetts ;   with  the 
title  of,  —  His  Excellency ;  elected  annually,      ...         18 
qualifications, — to  have  been  an  inliabitant  of  the  state  for 

seven  j^ears,  and  have  freehold  of  £1,000  value,         .         .  18,  35 
term  of  office,      ..........         37 

should  have  an  honorable  stated  salary,     .....         23 

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

oblige  them  to  go  out  of  the  limits  of  tlie  state,         .         .  20,  21 

to  appoint  the  adjutant-general, 22 

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

not  to  hold  certain  other  offices, 31 

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

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

election  determined  by  the  legislature,        .         .         .         .         .42,  4.'{ 

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

vacancy  in  office  of,  powers  to  be  exercised  by  tlie  lieuteuant- 

governor,      ..........         24 

vacancy  in  office  of  governor  and  lieutenant-governor,  powers 

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

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

may  adjourn  or  prorogue  the  legislature  for  not  exceeding 
ninety  days  when  liouses  disagree,  or  may  direct  session 
to  l)e  held  in  otlier  than  tlie  usual  place  in  case  of  an  in- 
fectious distemper  prevailing,      ......         19 

to  appoint  all  jntlicial  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  appoint  oflicers  of  the  continental  army,        ...        22 
may  pai'don  ofteuces,  but  not  before  conviction,        ...         21 
may  fill  vacancy  in  council  occurring  when  legislature  is  not 

in  session,     ..........        47 

with  consent  of  council,  may  remove  judicial  oflicers,  upon 

tlie  address  of  both  houses  of  the  legislature,     ...         26 
Governor  and  council,  to  examine  election  returns,     .         .         .         .  14,  42 

may  punish  persons  guilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirty  days, 17,18 

quorum  to  consist  of  governor  and  at  least  five  members  of 

the  council, 19 

may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy, 26 


H. 

Habeas  corpus,  pi-ivilege  of  writ  to  be  enjoyed  in  the  most  ample 
manner,  and  not  to  be  suspended  by  legislature  except 
upon  most  urgent  occasions,       ......        32 

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

board  of  overseers  established,  but  the  government  of  the 

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

officers  may  be  electeil  memljcrs  of  the  general  court,  .  .  47 
Hereditary  offices  and  privileges,  absurd  and  unnatural,  .  .  .  5,6 
Jlouse  of  Representatives,  members  may  be  instructed  by  the  people,  8 

a  representation  of  the  people  annually  elected  and  founded 

upon  the  principle  of  equality, 16 

may  impose  tines  upon  towns  not  choosing  members,  .  .  16 
expense  of  travel  once  every  session  each  way,  to  be  paid  l)y 

tlie  government, 16 

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

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

qualifications  of  members,  ......     17,41,45 

must  be  an  inliabitant  of  district  for  one  j'ear  preceding  elec- 
tion, and  sliall  cease  to  be  a  member  wlieii  ceasing  to  be 

an  inhabitant  of  the  state, 45 

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

return  from,  or  attending  the  general  assembly,         .         .         IS 

the  grand  inquest  of  the  commonwealth, 17 

to  originate  all  money  bills,  l3ut  tlie  senate  may  propose  or 

concur  with  amendments, 17 

not  to  adjourn  more  tlian  two  days  at  a  time,  ....  17 
one  hundred  members  constitute  a  quorum,  .  .  .  .  17,  45 
to  choose  officers,  establisli  its  rules,  etc.,  ....         17 

.may  punish  by  iniprisonment,  not  exceeding  tliirtv  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17,  1» 


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  hehl  on  tlie  Tuesday  next  after  the 

first  Monday  of  November, 41 

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

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  di'stricts 
of  contiguous  ten'itory,  but  no  town  or  ward  of  a  city  to 
])e  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,  the  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  ofiices, .         .         .  31,  36 

"  Inliabitant,"  the  word  defined, 13 

Inhabitants,  census  to  be  taken  in  18G5,  and  everj'  tentii  year  tliere- 

after .        38,  40,  44,  45 

Insolvency,  commissioners  of,  elected  In-  the  people  of  the  several 

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

Instruction  of  representatives, 8 

J. 

Judges  of  courts  may  not  hold  certain  other  offices,   .        .        .        .31,36 
Judges   of  tiie  supreme  judicial  court,  to  hold  ofiice  during  good 
behavior,  and  to  have  honorable  salaries  established  by 

standing  laws, 1),  23,  26. 

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

legislature, 20 

not  to  hold  certain  other  ofiices, 31 

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

may  administer  oaths  or  affirmations, 11 

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


INDEX   TO   THE   CONSTITUTION.  59 

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

to   hold  office  during  good  behavior,  except  when  otherwise 

provided  bj^  the  constitution,       ......         26 

may  be  removed  from  oflice  by  the  governor,  upon  tlie  address 

of  both  houses  of  the  legislature,         .....         26 

Jury,  trial  bv,  right  secured,         ........  7 

Justices   of  tlie  peace,  commissions  to  expii'c  in  seven  years  from 

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


L. 

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

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

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

ex  post  facto,  prohibited  as  unjust  and  inconsistent  with  free 

government,  .........  9 

of  province,  colony  and  state,  not  repugnant  to  the  constitu- 
tion, continued  in  foi'ce,       .......         32 

Legislative  power, 9 

Legislatix'e  department,  not  to  exercise  executive  or  judicial  powers,  9 

Legislature  (see  General  Court). 

Liberty  of  the  press,  essential  to  the  security  of  freedom,  .         .  8 

Lieutenant-governor,  to  be  annually  elected  in  November, —title  of, 
His  Honor ;   who  shall  1)e  qualifled  in  propert}'  and  resi- 
dence same  as  governor,      .         .         .         .         .         .     23,  37,  41 

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

vacant, 24 

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

of  both  houses, 31 

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

terra  of  office, 37 

Literature  and  the  sciences  to  be  encom'aged,      .....         29 

M. 

Magistrates  and  officers,  accountable  to  the  people,     ....  6 
Magistrates  and  courts,  not  to  demand  excessive  bail,  impose  exces- 
sive tines,  or  inflict  cruel  punishments,        ....  9 
Major-generals,  elected  l)y  senate  and  house  of  representat  i^  es  by 

concurrent  vote, 21 

may  appoint  their  aids, 22 


60  INDEX   TO   THE   CONSTITUTION. 

Page 
Marriage,  divorce  and  alimony,    ......  .27 

Martial  law,  only  those  employed  in  the  array  and  navy,   and  the 
militia  in  actual  service,  suljject  to,  except  by  authority  of 

legislature, 9 

Military  power,  subordinate  to  civil  authority,    .....  8 

Militia,  not  to  be  ol)liged  by  comuuuuler-in-cliief  to  march  out  of  the 

limits  of  the  state,         ........  21 

captains  and  sul)alterns,  elected  by  the  train-bands,  .         .         -21,  35 

all  members  of  companies  may  vote,  including  minors,     .         .  .35 

field  officers,  elected  by  captains  and  subalterns,  .     .         .         .  21 

brigadiers,  elected  by  field  officers,     .         .         .         .         .         .  21 

major-generals,  elected  by  senate  and  house  of  representatives 

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

mode  of  election  of  officers  to  be  fixed  by  standing  laws,          .  21 
if  electors  i'efu*Je  to  elect,  governor  with  advice  of  council 

may  appoint  officers,    ........  22 

officers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 22,  35 

appointment  of  stall' ofiicers,       .......  22 

oi'ganization ;  divisions,  brigades,  I'egiments  and  companies,  .  22 

Money,  issued  from  treasury  ^)y  warrant  of  governor,  etc.,         .         .  22 
mentioned  in  the  constitution,  to  be  computed  in  silver  at  six 

shillings  and  eightpence  per  ounce, 32 

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

to  be  applied  for  support  of  sectarian  schools,  ...  43 

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

Moral  (pialificatious  for  office,       ........  8 

Notaries  pul)lic,  to  be  appointed  by  governor  with  advice  of  council,  25,  35 
may  be  removed  by  governor  with  advice  of  council,  upon 

address  of  both  houses, 35 

o. 

Oaths  and  affirmations,  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, 31,35,36 

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

Objects  of  government, 3,  6 

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

Office  of  trust,  person  convicted  of  bribery,  etc.,  not  to  hold,    .         .         32 
Office,  rotation  in,  right  secured, 6 


INDEX   TO   THE   CONSTITUTION.  61 

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

no  person  eligible  to,  unless  they  can  read  and  write,        .         .         44 
'Offices,  plurality  of,  prohibited  to  governor,  lieutenant-governor  and 

judges, 31,  36 

incompatible, 31,  32,  36 

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

of, 11 

Oflicers,  commission,  tenure  of  office  to  be  expressed  in  commis- 
sions,     26 

Oflicers,  judicial,  to  hold  oftice  during  good  behavior,  except,  etc.,    .        26 
may  be  removed  by  governor,  with  consent  of  council,  upon 

the  address  of  both  houses  of  the  legislature,     ...         26 
Oflicers  of  former  government,  continued,  ......         33 

Oflicers  of  the  militia,  election  and  appointment  of,    .         .         .         ,         21 
removal  of,  ..........  22,  35 

Officers  and  magistrates,  accoiuitable  to  the  people,   ....  5 

Organization  of  the  militia, 22 


P. 

Pardon  of  offences,  governor  witli  advice  of  coimcil  may  grant,  but 

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

People,  to  have  the  sole  right  to  govern  themselves  as  a  free,  sovei'- 

eign  and  independent  state,         ......  6 

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

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

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

Plantations,  unincorporated,  tax-paying  inhabitants   may  vote  for 

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

Plurality  of  offices, 31 

of  votes,  election  of  civil  oflicers  by, 41 

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

PoUs,  ratable,  census  of,        .........  38 

Preamble  to  constitution, 3 

Press,  liberty  of,  essential  to  the  security  of  fi'eedom,        ...  8 

Private  property  taken  for  public  uses,  compensation  to  be  made  for,  6 

Probate  courts,  provisions  for  holding,        ......  26 

registers,  elected  b}'  the  people  of  the  several  counties,    .        .  21,  44 

judges  may  not  hold  certain  other  olfices,          ...  36 

Property  qualification,  may  be  increased  by  the  legislature,        .         .  32 

partially  abolished, 41 

Prosecutions  for  crimes  and  offences  regulated, 7 


62  INDEX   TO   THE   CONSTITUTION. 

Page 
Provincial  laws,  not  repu2:naut  to  the   constitution,    continued  in 

force, 32 

Public  boards  and  certain  officers  to  make  quarterly  reports  to  the 

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

Public  ollicers,  rij^ht  of  people  to  secui-e  rotation,        ....  6 

all  persons  having  the   prescribed  qualitications  equally  eli- 
gible,        .         .  6- 

Public  notary  (see  Notary  pubhc). 

Public  religious  worship,  right  and  duty  of, i 

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

Q. 

Quakers,  may  make  affirmation, 31,35 

Qualification  of  persons  to  be  elected  to  office  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,  34,  43,  46,  47 

of  governor, 18,  43 

of  lieutenant-governor, 23,  43 

of  councillors, 41,  43 

of  senators, 15,  40,  46 

of  representatives, 10,41,45 

of  secretary,  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. 

Ratable  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  worship,  pulilic,  riglit  and  duty  of,  and  protection  therein,  4 

support  of  tlie  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 

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

Returns  of  votes, 13,  TO,  42,  43 

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

s. 

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

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

permanent  and  lionoral)le  salaries  to  be  established  for  the 
justices  of  the  supreme  judicial  court,  and  to  be  enlarged 
if  not  sufHcient,    .         .         .         .         .         .         .         .         .0,23 

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

Secretary  of  the  commonwealth,  to  be  cliosen  by  the  people  anr.ually 

in  November,        .         .         .         •         .         .         .         .         .  2.";,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next,  thereafter,  and  until  another  is  cliosen  and  qualllied,         43 

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

in  failure  of  election  by  voters,  or  in  case  of  decease  of  i)erson 
elected,  A^acancy  to  be  filled  l)y  joint  ballot  of  legislature 
from  the  two  persons  having  the  highest  number  of  votes 
at  November  election, 43 

A^acancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislatui'e  from  tlie  people  at  large,       .         43 

vacancy  occurring  when  legislature  is  not  in  session,  to  be  filled 
by  governor,  by  appointment,  with  advice  and  consent  of 
council,         ..........  35,  43 

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

next  preceding  election  or  appointment,      ....         43 

office  to  be  deemed  A'acant  if  person  elected  or  appointed  fails 

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

records  of  commonwealth  to  be  kept  in  office  of,      .         .         .         26 

may  appoint  deputies,  for  whose  conduct  he  shall  be  account- 
able  2G 

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

by  deputies,  as  they  shall  require, 2G 

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. 


Sectarian  scliools,  not  to  be  maintained  at  public  expense,         .         .  44 

Selectmen,  to  preside  at  town  meetings,  elections,  etc.,      ...  13 

Self-government,  right  of,  asserted,    .......  5 

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

to  consist  of  forty  members,  apportionment,  etc.,     .         .     12,  30,  46 

to  be  chosen  annually,         .         .         .         .         .         .         .         .  13 

governor  and  at  least  five  councillors,  to  examine  and  count 

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

to  be  final  judges  of  elections,  returns  and  qualifications  of 

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

A^acancy  to  be  tilled  by  election,  by  people  of  the  district,  upon 

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

qualifications  of  a  senator,         .         .         .         .         .         .         .  15,  41 

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

to  choose  its  oftlcers  and  establish  rules,    .         .         .     '   .         .  15 

shall  try  all  impeachments, 15,  17 

sixteen  members  (constitute  a  quorum,        .....  16 

maj'  punish  for  certain  ofi'ences  ;  trial  may  be  hy  committee,  .  18 
may  reciuire  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy,    ......  26 

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

solemn  occasions,         ........  26 

to  enter  objections,  made  1)y  governor  to  passage  of  a  bill  or 

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

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

contain,  as  near  as  may  be,  an  equal  number  of  voters,      .  46 

apportionment  based  upon  legal  voters,     .....  46 

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

in  silver  at  six  shillings  and  eightpence  per  ounce,     .         .  32 
Soldier,  not  to  be  quartered  in  any  house,  in  time  of  peace,  without 

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

Soldiers  and  sailors,  who  have  served  in  time  of  war,  etc.,  not  dis- 
qualified 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  body  politic,  entitled, —  The  Commonwealth  of  Massachusetts,        10 
Supreme  judicial  court,  judges  to  have  honorable  salaries  fixed  bj' 

standing  laws,  and  to  hold  ofiice  during  good  behavior,     .  9,  23 
to  give  opinions  upon  important  questions  of  law,  etc.,  Avhen 
required  by  either  branch  of  the  legislatm'e  or  by  the  gov- 
ernor and  council,         ........  26 

not  to  hold  certain  other  oftices,         .         .         .         .         .         .31,36 

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


INDEX  TO   THE   CONSTITUTION.  65 

T. 

Page 
Taxation  should  be  founded  on  consent,      .         .         .         .         .         .      6,  8 

Taxes,  not  to  l)e  levied  without  the  consent  of  the  i)eople  or  their 

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

may  l)e  imposed  by  the  legislature, 12 

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

years, 12 

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

shall  be  expressed  in  their  commissions,     ....         26 

Tests  abolished 36 

Title  of  body  politic  :   The  Commonwealth  of  Massachusetts,    .         .         10 
Title  of  governor  to  ))e,  —  His  Excellency,  .         .....         18 

Title  of  lieutenant-governor  to  be,  —  His  Honor,  ....         23 

Town  clerk,  to  make  record  and  return  of  elections,  ....         13 

Town  meetings,  selectmen  to  preside  at, 13 

Town  representation  in  the  legislature, IG,  30,  40 

Towns,  voting  precincts  in, 47 

Travelling  expenses  of  members,  to  general  assembly  and  returning 
home,  once  in  every  session,  to  be  paid  by  tlie  govern- 
ment,   ...........         16 

Treason  and  felonj',  no  subject   to  be   declared   guilty   of,   by   the 

legislature, 9 

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

in  November, 25,  26,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter  and  until  another  is  chosen  and  qualitied,  .  43 
manner  of  election,  etc. ,  same  as  governor,  ....  43 
not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,     ....        43 
no  man  eligible  more  than  five  years  successively,     .         .         .  25,  26 
in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  filled  by  joint  ballot  of  legislature 
from  tlie  two  persons  having  tlie  highest  number  of  votes 

at  November  election, 43 

vacancy  occurring  during  session  of  the  legislature,  filled  bj^ 

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

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  da3'S,  ......         43 

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

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

Trial  by  jury,  right  to,  secured, 7 

guaranteed  in  criminal  cases,  except  in  arm}'  and  ntivy,  .         .  7 


€6  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  by  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  by  governor  with 

advice  of  the  council, 42,  47 

Vacancy  in  the  senate  to  be  filled  by  election  by  the  people  upon  ;he 

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

election, 43 

occurring  during  session  of  legislature,  filled  by  joint  liallot 

of  legislature  from  people  at  large, 43 

occurring  when  legislature  is  not  in  session,  to  I)o  filled  by 

governor,  by  appointment,  with  advice  of  council,    .         .  35,  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  gOA'crnor,        ........         10 

Voters,  qualifications  of,  at  elections  for  governor,  lieutenant-gover- 
nor, senators  and  representatives,       .         .    13,  17,  34,  44,  46,  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  witliin  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  the  apportionment  of  representatives 

to  the  several  counties  is  made,  .....         44 

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

census  of  voters  to  betaken  in  l!S(!5,  and  every  tenth  year  after,  44,  46 

Votes,  returns  of 13,  19,  42,  43 

plurality  of,  to  elect  civil  officers,      ......         41 

Voting  precincts  in  towns, 47 


INDEX   TO   THE   CONSTITUTION.  67 


w. 

Page 

IVovship,  public,  the  right  and  (Uity  of  all  men,  ....  4 

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

Writs,  to  be  issued  in  the  name  of  the  commonwealth  under  the  seal 
of  the  court,  l)ear  test  of  the  first  justice,  and  be  signed 
l)y  the  clerk, 32 

Writing  and  reading,  necessary  qualifications  for  A'oting,  or  holding 

office,    ...........        44 

Y. 

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


ACTS  AND   EESOLVES 


MASSACHUSETTS. 


1888. 


ly  The  General  Court  of  1888  assembled  on  Wednesday,  the  fourth 
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  Oliveu  Ames,  and  His  Honor  John 
Q.  A.  Brackett,  on  Thursday,  the  fifth  day  of  January,  in  the  presence 
of  the  two  Houses  assembled  in  convention. 


ACTS    AND    RESOLVES. 


An  Act  to  provide  additional  clerical  assistance  for  the  Qfinr)    \ 

f4ENERAL   COURT. 

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

Section  1.     The  clerk  of  the  senate  and  the  clerk  of  ^'«'"^8°f  ««°*'« 

and  house  may 

the  house  of  representatives  may  each  employ,  from  time  employ  addi- 
to  time,  such  additional  clerical  assistance  as  may  be  nee-  assistance, 
essary  for  the  despatch  of  public  business,  and  they  may 
each  incur  therefor  an  expense  not  exceeding  fifteen  hun- 
dred dollars  in  any  one  year. 

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

Approved  January  17,  1888. 


Chap. 


An  Act  making  appropriations  for  the  maintenance  of  the 
government  for  the  present  year. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, 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-eight,  to  wit :  — 

LEGISLATIVE  DEPARTMENT. 

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

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


1888.  —  Chapter  2. 


Sergeant-at- 
arms. 

Clerk. 


Engineer. 
Watchmen. 


Sergeant-at- 
arms'  messen- 
gers. 


Firemen  and 
janitor. 


Assistant  fire- 
man. 


For  the  salary  of  the  sergeant-at-arms,  three  thousand 
dolhii's. 

For  the  sahiry  of  the  clerk  of  the  sergeant-at-arms,  one 
thousand  eight  hundred  dollars. 

For  the  salarj'  of  the  engineer  at  the  state  house,  one 
thousand  five  hundred  dollars. 

For  the  salaries  of  the  watchmen  at  the  state  house,  one 
thousand  dollars  each. 

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

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

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


Lieutenant- 
governor,   coun- 
cil. 


Travelling  ex- 
penses. 

Private  secre- 
tary. 

Executive  clerlj. 


Messenger. 


EXECUTIVE    DEPAIJTMEXT. 

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, 
five  hundred  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  seven  hundred  dollars. 

For  the  salary  of  the  messenoer  of  the  governor  and 
council,  one  thousand  dollars. 


Secretary. 


First  clerli. 


Second  clerli. 


Third  clerk. 


Extra  clerks 
and  messenger. 


secketaky's  department. 

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

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

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

For  the  salar}^  of  the  third  clerk  in  the  secretary's 
department,  one  thousand  five  hundred  dollars. 

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


1888.  —  Chapter  2. 


treasurer's  department. 

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

For   the    salary  of  the    Hrst    clerk    in   the   treasurer's  First  cierk. 
department,  two  thousand  rive  hundred  dollars. 

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

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

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

For   the    sahiry  of  the    fund    clerk    in  the  treasurer's  Fuud  cierk. 
department,  one  thousand  four  hundred  dollars. 

For  the  salary  of  the  receivino-  teller  in  the  treasurer's  Receiving leiier. 
department,  one  thousand  four  hundred  dollars. 

For  the  salary  of  the  paying  teller  in  the  treasurer's  Paying  teiier. 
department,  one  thousand  two  hundred  dollars. 

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

TAX   commissioner's    DEI'AUTMEXT. 

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

,1  Till  "  commissioner. 

thousand  dollars. 

For  the  salary  of  the  rirst  clerk  in   the  office   of  the  First  cierk: 
deputy  tax  commissioner,  two  thousand  dollars. 

For  the  salary  of  the  second  clerk  in  the  office  of  the  second  cierk. 
deputy  tax    commissioner,    one   thousand    rive    hundred 
dollars. 

For  such  additional  clerical  assistance  as  the  deputy  tax  Extra  clerks. 
commissioner  and  commissioner  of  corporations  may  rind 
necessary  for  the  despatch  of  public  business,  a  sum  not 
exceedino;  fourteen  thousand  dollars. 

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

1     1    1 1  "  counts. 

sand  dollars. 

For  the  salary  of  the  rirst  clerk  in  the  auditor's  depart-  ^"■*''  ''^'^^^• 
ment,  two  thousand  dollars. 

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

For  the  salaries  of  the  two  extra  clerks  in  the  auditor's  Extra curks. 
department,  one  thousand  two  hundred  dollars  each  ;  and 


6 


1888.  —  Chapter  2. 


for  such  additional  clerical  assistance  as  the  auditor  may 
find  necessary,  a  sum  not  exceeding  five  hundred  dollars. 


Attorney-gen- 
eral. 


Assistant. 
Law  clerk. 


attorney-general's  department. 

For  the  salary  of  the  attorney- general,  four  thousand 
dollars. 

For  the  salary  of  the  assistant  attorney-general,  two 
thousand  dollars. 

For  the  salary  of  a  law  clerk  to  the  attorney-general, 
one  thousand  dollars. 


Commissioners 
on  savings 
banks. 

First  and  second 
clerks. 


Insurance  com- 
missioner. 

Deputy. 
First  clerk. 
Second  clerk. 
Third  clerk. 
Extra  clerks. 


Inspectors  of 
gas  meters. 


Commissioners 
of  prisons,  sec- 
retary. 

Clerical  assist- 
ance. 


Agents. 


Railroad  com- 
missiouerB. 


COMMISSIONERS   ET   AL. 

For  the  salaries  of  the  commissioners  on  savings  banks, 
six  thousand  dollars. 

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

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

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 
commissioner,  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  clerks  and  assistants  as  the  public 
business  in  his  charge  may  require,  a  sum  not  exceeding 
eioht  thousand  dollars. 

For  the  salary  of  the  inspector  of  gas  meters,  two 
thousand  dollars  ;  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  salaries  of  agents  to  the  commissioners  of  prisons, 
a  sum  not  exceeding  two  thousand  four  hundred  dollars. 

For  salaries  of  the  railroad  commissioners,  eleven  thou- 
sand dollars. 


1888.  —  Chapter  2.  7 

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

For  the  salary  of  the  accountant  of  the  railroad  com-  Accountant, 
missioners,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  assay er  and  inspector  of  liquors,  Aseayerand  in- 
one  thousand  two  hundred  dollars.  f/'^forJ"* 

For  the  salary  of  the  chief  of  the  bureau  of  statistics  chief,  bureau  of 
of  labor,  two  thousand  five  hundred  dollars.  ?abor^'''^°* 

For  the  salary  of  the  first  clerk  in  the  bureau  of  statistics  First  cierk. 
of  labor,  one  thousand  five  hundred  dollars. 

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

For  such  additional  assistance,  and  for  the  necessary  Additional 
expenses  of  the  bureau  of  statistics    of  labor,    as   may  expeuser*"'' 
be  necessary,  a  sum  not  exceeding  five    thousand    dol- 
lars. » 

For  expenses  in  connection  with  the  annual  collection  statistics  of 
of  statistics    of  manufactures,  a  sum  not   exceeding  six  '»'"»uf=i°'u«'ee- 
thousand  five  hundred  dollars. 

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

For  clerical  assistance,  salary  and  expenses  of  agents,  clerical  assist- 
and   other  necessary  expenses  of  the   commissioners   on  penL^"'*^^" 
state  aid,  a  sum  not  exceeding  six  thousand  two  hundred 
and  forty  dollars. 

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

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

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

For  the  salaries  of  the  gas  commissioners,  eight  thou-  q^^, 
sand  dollars  ;  and  for  the  compensation  and  expenses  of  the 
clerk  of  the  gas  commissioners,  a  sum  not  exceeding  two 
thousand  dollars. 

For  the   salary  of  the  controller  of  county  accounts,  controller  of 
two  thousand  five  hundred  dollars  :  and  for  the  salaries  of  ^"JJq'J'*'^" 
the   (derks    of  the    controller    of  county  accounts,  three 
thousand  dollars. 


1  commis- 
sioners. 


8 


1888.  —  Chaptee  2. 


Board  of  arbi- 
tration. 


For  the  salaries  of  the  members  of  the  state  board  of^ 
arbitration,  six  thousand  dollars  ;  and  for  the  salary  of 
the  clerk  of  said  board,  nine  hundred  dollars. 


Secretary,  board 
of  agriculture. 


Clerk. 


Clerical  assist- 
ance. 
Lectures. 


AGKICULTUUAL   DEPARTMENT. 

For  the  salar}'  of  the  secretarj'  of  the  board  of  agricul- 
ture, two  thousand  live  hundred  dollars. 

For  the  salar}^  of  the  clerk  of  the  secretary  of  the  board 
of  agriculture,  one  thousand  two  hundred  dollars. 

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


Secretary, 
board  of  educa- 
tion. 


Assistant   libra- 
rian and  clerk. 


Clerical  assist- 
ance. 


Purchase  of 
books. 


EDUCATIONAL   DEPARTMENT. 

For  the  salary  and  expenses  of  the  secretary  of  the 
board  of  education,  three  thousand  four  hundred  dollars, 
to  be  paid  out  of  the  moiety  of  the  income  of  the  Mas- 
sachusetts school  fund  applicable  to  educational  pur- 
poses. 

For  the  salary  of  the  assistant  librarian  and  clerk  of  the 
board  of  education,  two  thousand  live  hundred  dollars. 

For  such  clerical  assistance  in  the  state  lilirary  as  may 
be  found  necessary,  a  sum  not  exceeding  two  thousand 
five  hundred  dollars. 

For  the  purchase  of  l)ooks  for  the  state  library,  three 
thousand  tliree  hundred  dollars. 


MILITARY   DEl'ARTMENT. 


Adjutant-gen- 
eral. 


First  clerk. 


Second  clerk. 


Additional 
clerk. 


Extra  clerks. 


Messenger. 


Additional  cler- 
ical assistance. 


For  the  salary  of  the  adjutant-general,  tliree  thousand 
six  hundred  dollars. 

For  the  salary  of  the  first  clerk  in  the  adjutant-general's 
depaitment,  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-gen- 
eral'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 


1888.  —  Chapter  3.  9 

employees  at  the  state  arsenal,  a  sum  not  exceeding  live  Employees  at 
thousand  iive  hundred  dollars.  "  '"'^''"'■ 

For  the   salary   of  the   surgeon-general,  one  thousand  g"^,'®"""^''"' 
two  hundred  dollars. 

MISCELLANEOUS. 

For  the   salary  of  the   secretary  of  the   state   board  of  secretary 

111  1  1    !•  1  1        1     1    n  board  of  health. 

health,  two  thousand  nve  hundred  dollars. 

For  the  arrangement  and  preservation  of  state  records  state  records 
and   papers  under  the   direction   of  the   secretary  of  the  '*"'*  papiis. 
Commonwealth,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  completion  of  the  decennial  census  of  the  year  Decennial  cen- 
eighteen  hundred  and  eighty-five,  a   sum  not   exceeding  *""■ 
two  thousand  dollars. 

For  the  salaries  of  the  agents  for  the  commissioners  of  Agents,  com- 

,.         ,1  •     ^   1  "^         ^  11  1-1,  missiouers  of 

prisons,  tor  tlie  year  eighteen  hundred  and  eighty-seven,  prisons. 
eight  hundred  and  sixty  dollars  and  seventy-five  cents. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  24,  1888. 

An  Act  making  appropriations    for  the  compensation  and  f^hf^^.     Q 

MILEAGE  OP   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  : 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid   out  of  the  treasuiy  of  the  Common- 
wealth,   from    the    ordinary    revenue,    for   the    pur})oses 
specified,  to  Avit :  — 

For   compensation  of  senators,  thirty  thousand  seven  senators,  com- 
hundred  and  fifty  dollars.  '  pensatio.;. 

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

For  compensation  of  representatives,  one  hundred  and  utpreseuta- 
eighty  thousand  seven  hundred  and  fifty  dollars.  tion!' '^°'"''*^"'^"' 

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

For  compensation  of  the  cha})lains  of  the  senate  and  chaplains. 
house  of  representatives,  three  hundred  dollars  each. 

For  the  salaries  of  the   doorkeepers  of  the  senate  and  i^oorucepers. 
house  of  representatives,  fourteen  hundred  dollars  each. 

For  compensation  of  the  assistant  doorkeepers,  i)ost-  Postmaster, 

i  ,  11/.  ni''»«cugers  and 

master,  messengers  and  pages  to  the  senate  and  house  of  pages. 


10 


1888.  — Chapter  4. 


Coulingent  and 
necessary  ex- 
penses. 


Svimmoning 
witnesses. 


Expenses  of 
committeeB. 


representatives,  a  sum  not  exceeding  twenty-three  thou- 
sand one  hundred  dollars. 

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

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

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

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

Approved  January  28,  1888. 


Chap.  4 


An  Act  making  appropriations  for  the  maintenance  of  the 

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

Be  it  enacted,  etc.,  as  follows : 

Appropriations.  Sectiox  1 .  Tlic  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-eight,  to  wit :  — 


Supreme  judi- 
cial court,  — 
clerk. 

Reporter. 


Ofticers  and 
messenger. 

Clerk  of  Suffolk 
county. 

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  supreme 
judicial  court,  three  hundred  dollars. 

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

For  the  salary  of  the  clerk  of  the  supreme  judicial 
court  for  the  county  of  Suftblk,  fifteen  hundred  dollars. 

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


SUPERIOR   COURT. 


Superior  court, 
—  chief  justice. 


Associate  jus- 
tices. 


For  the  salary  of  the  chief  justice  of  the  superior  court, 
fifty-three  hundred  dollars. 

For  the  salaries  of  the  eleven  associate  justices  of  the 
superior  court,  fifty-five  thousand  dollars. 


1888.  —  Chapter  4.  11 


COURTS   OF   PROBATE   AND   INSOLVENCY. 

For  the  salary  of  the  judo'c  of  probate  and  insolvency  Judges,  probate 
for  the  county  of  Suffolk,  live  thousand  dollars.  -suS.""'^' 

For  the  salary  of  the  judge  of  prol)ate  and  insolvency  Middlesex. 
for  the  county  of  ^Middlesex,  three  thousand  live  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  prol)ate  and  insolvency  Essex. 
for  the  county  of  Essex,  three  thousand  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  Norfolk. 
for  the  county  of  Norfolk,  twenty -five  hundred  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,  sixteen  hundred  dollars. 

For  the  salary"  of  the  judge  of  pro])ate  and  insolvency  Hampden. 
for  the   county   of  Hampden,    twenty-five    hundred  dol- 
lars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  Hamifshire. 
for  the  county  of  Hampshire,  fourteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  Frankiin. 
for  the  count}^  of  Franklin,  fourteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  Barustabie. 
for  the  county  of  Barnstable,  twelve  hundred  dollars. 

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

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

For  the  salary  of  the  register  of  probate  and  insoh'ency  Registers,— suf- 
fer the  county  of  Suftblk,  three  thousand  dollars.  ^°'^' 

For  the  salary  of  the  register  of  probate  and  insolvency  Middlesex. 
for  the  county  of  JNIiddlesex,  two  thousand  dollars. 

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

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

For  the  salary  of  the  register  of  probate  and  insolvency  Norfolk, 
for  the  county  of  Norfolk,  fifteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  BHstoi. 
for  the  county  of  Bristol,  eighteen  hundred  dollars. 


12 


1888.  —  Chapter  4. 


Plymouth. 

Ilanipden. 

Berkshire. 

Ilanipshire. 

Franklin. 

Barnstable. 

Nantucket. 

Dukes  county. 


Assistant   regis- 
ters,—ISuffoTk. 


Essex. 


Norfolk. 


Clerk,  Suffolk. 


Clerical  assist- 
ance, Suffolk. 


Clerical  assist- 
ance, Middlesex, 


Clerical  assist- 
ance, Essex. 


For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Plymouth,  tifteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Hampden,  eighteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Berkshire,  sixteen  hundred  dollars. 

For  the  salary  of  the  register  of  prol)ate  and  insolvency 
for  the  county  of  Hampshire,  fourteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Franklin,  fourteen  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  insol- 
vency 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,  fifteen  hundred 
dollars. 

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

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

For  the  salary  of  the  assistant  register  of  pro])ate  and 
insolvency  for  the  county  of  Norfolk,  eleven  hundred 
dollars. 

For  the  salary  of  the  clerk  to  the  register  of  probate 
and  insolvency  for  the  county  of  Suffolk,  t^velve  hundred 
dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Suffolk,  twelve  hundred 
dollars. 

For  extra  clerical  assistance  to  the  register  of  prol)ate 
and  insolvency  for  the  county  of  Middlesex,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  prol^ate 
and  insolvency  for  the  county  of  Essex,  a  sum  not  exceed- 
ins:  one  thousand  dollars. 


1888.  —  Chapter  5.  13 

For  extra  clerical  assistance  to  the  register  of  probate  clerical  assist- 
and  insolvency  for  the  county  of  Worcester,  a  sum  not  ''°°'''    °^^^^  ^""^' 
exceeding  eight  hundred  dollars. 

For  extra  clerical   assistance  to  the  courts  of  ijrobate  clerical  asBist- 

.  .  .  f      ^        n  ance  in  the  sev- 

iind  insolvency  in  the  several  counties  oi  the  Common-  erai  counties. 
wealth,  a  sum  not  exceeding  sixty-four  hundred  dollars. 

For  expenses  of  courts  of  prolmte  and  insolvency,  a  Expenses. 
sum  not  exceedinof  two  thousand  dollars. 


DISTRICT  ATTORNEYS. 

For  the  salary  of  the  district  attorney  for  Suffolk  dis-  Distrietattor- 

•^  -^  ney,  Suffolk. 

trict,  hve  thousand  dollars. 

For  the  salary    of  the  first  assistant  district  attorney  First  assistant. 
for  Suffolk  district,  twenty-eight  hundred  dollars. 

For  the  salary  of  the  second  assistant  district  attorney  second  assist- 
for  Suffolk  district,  twenty-five  hundred  dollars. 

For  the  salary  of  the  clerk  for  the  district  attorney  for  cierk. 
Suffolk  district,  twelve  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northern  District  attor- 
district,  twenty-four  hundred  dollars.  du^kct."  "^ 

For  the  salary  of  the  district  attorney  for  the  eastern  Eastern  district. 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the   south-  diTtruft^^*'''" 
eastern  district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southern  southern  dis- 
district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  middle  Middle  district. 
district,  twenty-one  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  western  western  dis- 
district,  twentv-one  hundred  dollars. 

For  the   salary  of  the  district  attorney  for  the  north-  ^'°[,^|^r''''™ 
western  district,  thirteen  hundred  and  fifty  dollars. 

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

Approved  January  28,  1888. 

An    Act   making   appropriations    for  printing  and   binding  QJiQr)^  5 

PUBLIC   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  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Commonwealth, 
from  the  ordinary  revenue,  for  the  purposes  specified,  to 
meet  expenses  for  the  year  ending  on  the  thirty-first  day 


14 


1888. —Chapter  6. 


of  Deceml)er  in  the  year  eighteen  hundred  and  eighty- 
eight,  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  twenty-tive  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  thirty-five  hundred  dollars. 

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

For  reports  of  decisions  of  the  supreme  judicial  court, 
a  sum  not  exceeding  twenty-four  hundred  dollars. 

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

For  reoistration  books  and  blanks,  indexino:  returns, 
and  editing  the  registration  report ,  a  sum  not  exceeding 
two  thousand  dollars. 

For  the  purchase  of  paper  for  the  Connnon wealth,  used 
in  the  execution  of  the  contract  for  the  state  printing, 
under  the  direction  of  the  secretary  of  the  Common- 
w^ealth,  a  sum  not  exceeding  tw^enty  thousand  dollars. 

For  preparation  of  tallies  and  indexes  relating  to  the 
statutes  of  the  present  year  and  previous  years,  under 
the  direction  of  the  governor,  a  sum  not  exceeding  three 
hundred  dollars. 

For  printing  and  liinding  ordered  by  the  senate  and 
house  of  representatives,  or  by  concurrent  order  of  the 
two  branches,  a  sum  not  exceeding  twenty-three  thousand 
dollars. 

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

Approved  Jayiuary  28,  1888. 

Chap.   6     ■^''^  Act  in  relation  to   the   copriNG   of   certain   plans   and 

KECOUDS   IN   THE   REGISTRY   OF    DEEDS     FOR    THE    SOUTHERN     DIS- 
TRICT  OF   MIDDLESEX   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Middlesex 
county  are  hereby  empowered  to  cause  the  Avork  of  copy- 
ing certain  records  and  i)l;uis  in  the  registry  of  deeds  for 


Printing  and 
binding  public 
documents. 


Pamphlet  edi- 
tion of  acts  and 
resolves. 


"  Blue  book  " 
edition  of  acts 
and  resolves. 


Newspaper 
publication  of 
laws,  etc. 


Term  reports. 


Assessors' 
books  and 
blanks. 


Registration. 


Paper  for  state 
printing. 


Tables  and  in- 
dexes. 


Legislative 
printing  and 
binding. 


Certain  records 
and  plans  in 
Middlesex 
county  to  be 
copied,  etc. 


1888.  —  Chapters  7,  8.  15 

the  southern  district  of  said  county,  authorized  by  chai)ter 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred 
eighty-six,  to  be  completed  and  paid  for  in  the  manner 
therein  provided,  and  to  cause  to  l)e  expended  such  sum 
in  addition  to  the  sum  mentioned  in  section  one  of  said 
act  as  may  be  necessary  therefor. 

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

Approved  January  30,  1888. 

An  Act  making  appropriations  for  salaries  and  expenses  at  (JJki^j^   7 

THE   state   industrial   SCHOOL   FOR   GIRLS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Commonwealth, 
from  the  ordinary  revenue,  for  the  pur[)oses  specified,  to 
meet  expenses  for  the  year  ending  on  the  thirty-tirst  day 
of  Deceml)er  in  the  year  eighteen  hundred  and  eighty- 
eight,  to  wit :  — 

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

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

Approved  February  1,  1888. 

An  Act  making  appropriations  for  compensation  and  mileage  njinqj     g 

OF   OFFICERS    AND    MEN    OF    THE    VOLUNTEER  MILITIA,    AND    FOR 
OTHER   EXPENSES   OF   THE   MILITARY   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows : 

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

For  compensation  of  officers  and  men  of  the  volunteer  Miiuia.-com. 
militia,  a  sum  not  exceeding  ninety-five  thousand  dollars,  pensatiou. 

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

For  incidental  and  contino^ent  expenses  of  the  adjutant-  incidental  ex- 

151  T  ^  •  f  penses. 

general  s  department,  a  sum  not  exceeding  thirty-nve 
hundred  dollars. 


16  1888.  —  Chapter  9. 

?irdt?mor'fee''  ^^^'   ^'^"^    ^^   brigade  and    battalion  headquarters  and 

company  armories,  a  sum  not  exceeding  thirty-six  thou- 
sand dollars. 

^u^piies™'"*''^' "  ^'^1'  quartermaster's  supplies,  a  sum  not  exceeding 
twelve  thousand  dollars. 

fen'l'rarex*'*^''        ^  ^r  incidental  and  contingent  expenses  of  the  quarter- 

penses.  master-gcneral's  department,  a   sum    not  exceeding  live 

thousand  dollars. 

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

Military  ar-  Yqy  military  accounts  in  connection  with,  the  volunteer 

counts.  •!•    •  1  .  •  1      1     f 

militia,  not  otherwise  provided  tor,  a  sum  not  exceeding 

four  thousand  dollars. 
^h>s'"'  *""''"  ^^^'  luedical  supplies  for  the  use  of  the  volunteer  militia, 

a  sum  not  exceeding  five  hundred  dollars. 
Surgeon.gen-  Yov  incidental  and  contino;ent  expenses  of  the  surgeon- 

eral,  expenses.  t>iiiiii 

general,  a  sum  not  exceeding  five  hundred  dollars. 
Record  of  YoY  exDcnses  in  connection  with  the  record  of  ]\Iassa- 

sailors,  marines,  i  .,  ,  . 

ett-  chusetts  ofiicers,  sailors  and  marines,  a  sum  not  exceeding 

two  thousand  dollars. 
proceeds^o"  °^  Auj  suiiis  of  moucj  reccived  under  the  provisions  of 
sales  of  grass  at  scctlou  eighty-seveu  of  chapter  four  hundred  and  eleven 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
and  from  the  sale  of  grass  at  the  state  camp  ground  during 
the  year  eighteen  hundred  and  eightj'-eight,  may  be 
expended  by  the  quartermaster-general,  during  the  present 
year,  under  the  direction  of  the  governor  and  council, 
for  the  construction  and  repair  of  buildings  or  other 
structures  on  said  ground. 

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

Approved  Fehruarn  i,  1888. 

{JJian.    9       '^^   '^^"^  MAKIXa  APPROPRIATIONS  FOR  THE  SALARIES  AND  EXPENSES 
OF   THE   STATE   DISTRICT   POLICE   FORCE. 

Be  it  enacted.,  etc.,  as  follows : 

Appropriations.  Sectiox  1.  The  suuis  hereinafter  mentiwned  are  ap- 
pro] )riated,  to  l)e  paid  out  of  the  treasury  of  the 
Commonwealth,  from  the  ordinary  revenue,  for  the 
payment  of  salaries  and  expenses  of  the  district  police 
force  during  the  year  eighteen  hundred  and  eighty-eight, 
to  wit :  — 

District  police,        y^^  the  Salary  of  the  chief  of  the  state  district  police 

^ul&rv  01  cnici.  ' 

force,  a  sum  not  exceedino:  two  thousand  dollars. 


1888.  — Chapters  10,  11.  17 

For   compensation    of  members    of  the    state    district  Compensation. 
police  force,  a  sum  not  exceeding  thirty-one  thousand  five 
hundred  doHars. 

For   travelling  expenses  actually  paid  by  members  of  Jg'nJee!'"^  ^^" 
the  state  district  police  force,  a  sum  not  exceeding  twelve 
thousand  four  hundred  dollars. 

For  incidental,  contingent  and  office  expenses  of  the  incidental  and 
chief  and  members  of  the  state  district  police  force,  a  sum 
not  exceeding  thirty-five  hundred  dollars. 

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

Ajjproved  February  1,  1888. 


other  expenses. 


Chap.  10 


An  Act  to  authorize  the  supreme  council  of  the  royal 
arcanum  to  hold  its  annual  meetings  in  the  district  of 
columbia  or  dominion  of  canada. 

Be  it  enacted,  etc.,  as  follows: 

The  Supreme  Council  of  the  Eoyal  Arcanum  may  hold  May  hold  annual 

1  .  •  •      J 1         T    J    •  f   /^    ^         1  •  •  meeting  in  Can- 

its  annual  meetings  in  the  district  oi  Columbia  or  in  any  ada  or  in  dis- 

/>     ,1       ""^XA  •     •  L'   /-^  -I  1  •  1    trict  of  Colum- 

province    oi   the    Dominion  oi  Canada   wherein  a  grand  bia. 
council  of  said  association  is  established ;  and  its  acts  at 
such  meetings  shall  have  the  same  efiect  as  if  done  within 
the  Commonwealth.  A2')proved  February  1,  1888. 


Chap.  11 


An  Act  making  appropriations  for  the  commonweath's  flats 
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  Appropriations. 
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  the  common. 
purpose  of  improving  the  Commonwealth's  flats  at  South  ^''provement 
Boston,  as  authorized  by  chapter  forty-six  of  the  resolves  ^"°'^- 
of  the  year  eighteen  hundred  and  eighty-six,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  the  prison  and  hospital  loan  sinking  fund,  as  author-  prison  and  hos- 
ized   by   section  thirty-six   of  chapter  two  hundred  and  EJalund" "'"''' 
fifty-five  of  the  acts   of  the  year  eighteen  hundred  and 
eighty-four,  the  sum  of  sixty  thousand  dollars. 

Approved  February  1,  1888. 


18 


1888.  —  Chapter  12. 


ClUlV.     12   -^N     ^CT     MAKING     APPROPRIATIONS     FOR     CERTAIN     EDUCATIONAL 


EXPENSES. 


Appropriations. 


State  normal 
fichools. 


Btate  normal  art 
school. 


Teachers'  insti- 
tutes. 


County  teach- 
«r8' associations. 


Massachusetts 
teachers'  associ- 
ation. 


"Board  of  educa- 
tion, salaries, 
etc.,  of  agents. 


Incidental  ex- 
penses. 


Dukes  county 
teachers'  associ 
ation. 

Pupils  in  state 
normal  schools. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1 .  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  except  as  herein 
directed,  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-eight :  — 

For  the  support  of  state  normal  schools,  a  sum  not 
exceeding  seventy-one  thousand  eight  hundred  dollars,  to 
be  paid  out  of  the  moiety  of  the  income  of  the  Massa- 
chusetts school  fund  applicable  to  educational  purposes, 
and  the  excess,  if  any,  from  the  treasury  of  the  Common- 
wealth. 

For  the  support  of  the  state  normal  art  school,  a  sum 
not  exceeding  fifteen  thousand  five  hundred  dollars,  to  be 
paid  from  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  exceed- 
ing 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 
not  exceeding  three  hundred  dollars,  to  be  paid  out  of  the 
moiety  of  the  income  of  the  ^Massachusetts  school  fund 
applicable  to  educational  purposes. 

For  the  Massachusetts  teachers'  association,  the  sum  of 
three  hundred  dollars,  to  be  paid  out  of  the  moiety  of  the 
income  of  the  Massachusetts  school  fund  applicable  to 
educational  purposes,  subject  to  the  approval  of  the  board 
of  education. 

For  the  salaries  and  expenses  of  the  agents  of  the  state 
board  of  education,  a  sum  not  exceeding  thirteen  thou- 
sand five  hundred  dollars. 

For  incidental  expenses  of  the  state  board  of  education, 
and  of  the  secretary  thereof,  a  sum  not  exceeding  twelve 
hundred  dollars. 

For  the  Dukes  county  teachers'  association,  the  sum  of 
fifty  dollars. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not 
exceeding  four  thousand  dollars,  payable  in  semi-annual 


1888.  — Chapter  13.  19 

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

For  travelling  and  other  necessary  expenses  of  the  state  Travelling  ex. 
board    of  education,  a  sum  not  exceeding  four  hundred  p*^"^*^^" 
dollars. 

For  the  Perkins  institution  and  Massachusetts   school  f Jj^j°^  ^°''  "^® 
for  the  blind,  the  sum  of  thirty  thousand  dollars. 

For    the    support    of    Massachusetts    l)eneficiaries    in  Beneflciaries  in 
asylums  for  the  deaf  and  dumb,  and  in  other  institutions  dlaf"™nd  dumb. 
of  the  same   character,  a  sum  not  exceeding  thirty-two 
thousand  dollars. 

For  the  Massachusetts  school  for  the  feeble-minded,  the  school  for  the 

(•,  iii  J.1  1111  feeble-miuded. 

sum  01  twenty-nve  thousand  dollars. 

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

The   income   of  the  Rogers  book   fund,   of  the  Todd  |^°^/and  Todd 
normal  school  fund,  and  of  the  two  technical  educational  normal  school 
funds,  shall  be  expended  in  accordance  with  the  provisions 
of  the  various  acts  relating  thereto. 

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

Approved  February  2,  1888. 

An  Act  in  addition  to  an  act  to  incorporate  the  proprie-  (JJkxj),   13 

TORS   of   forest   HILLS   CEMETERY. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1.  The  trustees  of  the  proprietors  of  Forest  Election  of  om- 
Hills  Cemetery  shall  annually  choose  one  of  their  number  of  vacancies. 
to  be  president,  who  shall  also  be  president  of  the  corpo- 
ration, and  shall  annually  choose  the  treasurer  and  secre- 
tary of  said  corporation  either  from  their  own  number  or 
at  large.  Said  trustees  shall  fill  any  vacancy  or  vacancies 
that  may  occur  in  said  board  of  trustees,  the  person  or 
persons  so  elected  to  fill  such  vacancy  or  vacancies  to  hold 
office  only  from  the  time  of  election  l)y  said  trustees  to  the 
next  annual  meeting  of  the  proprietors  of  the  corporation. 

Section  2.     Said  trustees  shall  make  such  by-laws  not  Trustees  may 

.  /•      1   •      /^  11  make  by-laws. 

mconsistent  with  the  laws  oi  this  Commonwealth  as  may 
be  necessary  or  useful  in  conducting  and  controlling  the 
afiairs  of  said  corporation. 

Section  o.    All  acts  and  parts  of  acts  inconsistent  with  or  Repeal  of  incon- 
contrary  to  the  provisions  of  this  act  are  hereby  repealed. 

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

Approved  February  1,  1888. 


20  1888.  —  Chapters  14,  15. 


CJiaV.     14   ^^  ^^'^   AUTHORIZIXG   THE   OLD   COLONY    STEAMBOAT   COMPANY    TO- 

INCREASE  ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  follows: 
May  increase  Sectiox  1 .     The  Old  Coloiiy  Steaiul^oat  Company  may 

capi  a  8  oc  .  jj^gygf^gg  j^g  capital  stock  to  an  amount  not  exceeding 
fifteen  hundred  thousand  dollai*s,  the  same  to  be  fixed 
from  time  to  time  by  vote  of  the  stockholders,  subject  to 
the  provisions  of  the  general  laws  regulating  the  payment 
of  capital  stock. 

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

Approved  February  2,  1888. 

GJiaV.  15  -^^  ^^'^  MAKING  APPROPRIATIONS  FOR  INCIDENTAL,  CONTINGENT 
AND  MISCELLANEOUS  EXPENSES  OF  THE  VARIOUS  DEPARTMENTS 
AND   COMMISSIONS   OF   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloios : 
Appropriations.  Section  1 .  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-eight,  to  wit :  — 

LEGISLATIVE   DEPARTMENT. 

Senate  station-        For  stationery  for  the  senate,  purchased  by  the  clerk, 
^^^'  a  sum  not  exceeding  nine  hundred  dollars. 

House  station-         jTor  stationery  for  the  house  of  representatives,   pur- 
^^'  chased  by  the  clerk,  a  sum  not  exceeding  sixteen  hundred 

dollars. 
Sergeant-at-  Forbooks,  stationery,  printing  and  advertisino-,  ordered 

arras'  station-        ,.  ^       ,  ./      i-  o  ''•ij.i 

ery.  by  tlic  scrgeant-at-arms,  a  sum  not  exceeding  eight  hun- 

dred dollars. 
Incidental  and         Yox  incidental  and  contingent  expenses  of  the  sergeant- 
pensest  at-ai'ms,  a  sum  not  exceeding  three  hundred  dollars. 

EXECUTIVE   DEPARTMENT. 

Expenses  of  ex-       jPor  the  contiiioent  expenses  of  the  executive  depart- 

ecutive  depart-  ,  „^,  i  .  i  i     i    1 1 

ment.  mcut,  the  sum  of  three  thousand  dollars. 

Postage,  print-  For  postagc,  printing  and  stationery  of  the  executive 

"'^' '''*''  department,  a  sum  not  exceeding  eight  hundred  dollars. 

Contingent  ex-  For  tlic  Contingent  expenses  of  the  governor  and  coun- 

penses.  ^.^^  ^  ^^^^  ^^^^  cxcecding  two  thousand  dollars. 


1888.  — Chapter  15.  21 

For  postage,  printing  and  stationery  for  the  executive  ?n°cfan^d'gfauon. 
•council,  a  sum  not  exceeding  five  hundred  dollars.  cry. 

STATE   HOUSE   EXPENSES,   ETC. 

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

For  fuel  and  lights  for  the  state  house,  a  sum  not  ex-  Fuel  and  ughts. 
•ceeding  six  thousand  dollars. 

For  repairs,  improvements,  furniture  and  other  neces-  commonwealth 
sary  expenses  at  the  Commonwealth  building,  a  sum  not  pairs,  etc. 
•exceeding  five  thousand  dollars. 

For  repairs,  imi^rovements,  furniture,  rent  and  other  Beacon  street, 

■  '■         .      1  1  J 1  •    J  T-»  number  thir- 

necessary  expenses    at   house    number   thirteen    iieacon  teen. 
street,  a  sum  not  exceeding  eight  thousand  dollars. 

For  rent  of  rooms   for  the  use    of  the    civil    service  civii  service 

,    .  T  •    1  j^      1  11   commisslonerB. 

commissioners,     a    sum    not    exceeding    eight    hundred 
dollars. 

For  rent  of  rooms  for  the  use  of  the  bureau  of  statistics  Bureau  of  statis- 
of  labor,   and  for  the  services  of  a  janitor,  a  sum    not  rent. 
•exceeding  three  thousand  dollars. 

For  contingent  expenses  of  the  bureau  of  statistics  of  pensls."'^'^*  ^^' 
labor,  to  be  expended  under  the  direction  of  the  sergeant- 
at-arms,  a  sum  not  exceeding  five  hundred  dollars. 

For  rent  of  rooms  for  the  use  of  the  controller  of  county  controller  of 
accounts,  a  sum  not  exceeding  six  hundred  and  fifty  countf,  rent. 
dollars. 

For   expenses  of  running   the    elevators    at   the   state  Expenses  of 
house,  a  sum  not  exceeding  three  thousand  dollars,  the  ™^"g""^^  **  ®^*- 
same  to  include  all  necessary  repairs  to  said  elevators. 

INCIDENTAL   AKD   CONTINGENT   EXPENSES. 

For  incidental  expenses  in  the  department  of  the  secre-  incidental  ex. 
tary  of  the  Commonwealth,  a  sum  not  exceeding  three  tai-j^*' ^^"^"^^ 
thousand  dollars. 

For  incidental  and  contingent  expenses  in  the  depart-  Treasurer. 
ment  of  the  treasurer   and  receiver-general,  a  sum  not 
exceeding  tw^enty-two  hundred  and  fifty  dollars. 

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

For  expenses  of  the  state  valuation,  under  the  direction  state  valuation. 
of  the  deputy  tax  commissioner,  a  sum  not  exceeding  three 
thousand  dollars. 


22 


1888.  —  Chapter  15. 


Commissioner 
of  corporationB. 


Attornej--gen- 
eral. 


Harbor  and  land 
commiseioners. 


Incidental  and 
contingent  ex- 
penses. 


Insurance  com- 
missioner. 


Railroad  com- 
missioners. 


Commissioners 
on  savings 
banks. 


Gas  commis- 
sioners. 

Inspectors  of 
gas  meters. 


Civil  sei-vice 
commissioners. 


Clerical  ser- 
vices, etc. 


Commissioners 
on  inland  fish- 
eries. 


For  incidental  expenses  of  the  commis.^ioner  of  corpo- 
rations, a  sum  not  exceeding  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  nineteen  hundred  and  five  dollars ;  and  for 
expenses  of  civil  actions,  a  sum  not  exceeding  three  hun- 
dred dollars. 

COMMISSIONERS,   ET  AL. 

For  travelling  and  other  necessary  expenses  incidental 
thereto,  of  the  harbor  and  land  commissioners,  a  sum  not 
exceeding  one  thousand  dollars. 

For  incidental  and  contingent  ofiice  expenses  of  the 
harbor  and  land  commissioners,  a  sum  not  exceeding  five 
hundred  dollars. 

For  incidental  expenses  of  the  department  of  the  insur- 
ance commissioner,  a  sum  not  exceeding  twenty-five 
hundred  dollars. 

For  compensation  of  experts  or  other  agents,  for  rent 
of  ofiice  and  for  incidental  and  contingent  expenses  of  the 
railroad  commissioners,  a  sum  not  exceeding  seventy- 
seven  hundred  and  fifty  dollars. 

For  travelling  and  incidental  expenses  of  the  commis- 
sioners on  savings  banks,  a  sum  not  exceeding  two 
thousand  dollars. 

For  travelling  and  incidental  expenses  of  the  gas 
commissioners,  a  sum  not  exceeding  one  thousand  dollars. 

For  travelling  and  incidental  expenses  of  the  inspector 
and  assistant  inspector  of  gas  meters,  a  sum  not  exceed- 
ing six  hundred  and  fifty  dollars  ;  and  for  furnishing  such 
additional  apparatus  as  the  inspector  of  gas  meters  may 
find  necessary,  a  sum  not  exceeding  two  hundred  and  fifty 
dollars. 

For  compensation  and  expenses  of  the  civil  service 
commissioners,  a  sum  not  exceeding  twent3^-five  hundred 
dollars. 

For  clerical  services,  examination  expenses,  printing, 
ach^ertising,  travelling  and  incidental  expenses  of  the 
commissioners  and  chief  examiner,  a  sum  not  exceeding 
six  thousand  dollars. 

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


•       1888.— Chapter  15.  23 

For  travelling  and  office  expenses  of  the  controller  of  county^ac''-°^ 
county  accounts,  a  sum   not   exceeding   three   thousand  counts. 
dollars  ;  and  for  rent  of  said  office  to  January  first  of  the 
present  year,  being  for  two  months,   one  hundred  and 
eight  dollars  and  thirty-three  cents  ;  and  for  steam  heat, 
a  sum  not  exceeding  one  hundred  dollars. 

For  travelling,   incidental  and  contingent  expenses  of  ^o-^^j^^^^^  ^'^^'■ 
the  state  board  of  arbitration,  a  sum  not  exceeding  thiii}^- 
one  hundred  dollars. 

For  travelling  and  general  expenses  of  the  state  board  Board  of  health. 
of    health,    a    sum    not    exceeding    sixty-eight    hundred 
dollars. 

For  the  payment  of  rent  of  rooms  in  Ticknor  building  Bureau  of  sta. 

n        ji  j^  l.^        1  i?j_j.'j_'  I'll  I?  J.  tistica  of  labor, 

lor  the  use  ot  the  bureau  ot  statistics  ot  labor  tor  storage  rent. 
purposes,  a  sum  not  exceeding  five  hundred  dollars. 

AGRICULTURAL. 

For  bounties  to  agricultural  societies,  nineteen  thousand  ^^[eties^boun- 
two  hundred  dollars.  'i^^^. 

For  travelling  and  necessary  expenses  of  the  members  Expenses  of 
of  the  Ijoard  of  aii'riculture,  a  sum  not  exceeding  sixteen 
hundred  dollars. 

For  incidental  expenses  of  the  ])oard  of  agriculture,  a  incidental  ex- 
sum  not  exceeding  five  hundred  dollars.  penses. 

For   travelling  and    other    necessary  expenses   of  the  secretary. 
secretary  of  the  board  of  agriculture,  a  sum  not  exceed- 
ing three  hundred  and  fifty  dollars. 

For  the  dissemination  of  useful  information  in  agricult-  f,t°.loI^!?  ?Lr, 

^  larmers    insti- 

ure  by  means  of  lectures  at  farmers'  institutes,  a  sum  not  tutes. 
exceeding  one  thousand  dollars. 

For  maintaining  an  agricultural  experimental  station  Experimental 
at  the  Massachusetts  agricultural  college  in  the  town  of  LraT." '°  *  ™' 
Amherst,  the  sum  of  ten  thousand  dollars. 

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

For  the  purpose  of  exterminating  contagious  diseases  contagious  dis- 
among  horses,  cattle  and  other  animals,  a  sum  not  exceed-  cauieretc."^ 
ing  seven  thousand  dollars. 

EXPENSES   RESULTING   FROM   THE  WAR   OF   THE   REIJELLION. 

For  the  reimbursement  of  cities  and  towns  for  money  state  and  miii. 
paid  on  account  of  state  and  military  aid  to  ]Massachusetts  volunteers  and 
volunteers  and  their  families,  a  sum  not  exceeding  three  "'«»"  ^am^'ies- 


24: 


1888.  —  Chapter  15. 


Expenses. 


Bounties  to 
soldiers. 


hundred  and  seventy-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  ex- 
penses 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. 


Removal  of 
wrecks,  etc. 


Moneys  of  in- 
solvent corpora- 
tions deposited 
in  the  treasury. 


Public  adminis- 
trators. 


Roads  in  Mash- 
pee. 


Weights  and 
measures  for 
new  towns. 


Primary,  reform 
and  industrial 
schools. 


Inspection  of 
milk,  food  and 
drugs. 


Appropriation 
of  fees. 


MISCELLANEOUS. 

For  expenses  in  connection  with  the  removal  of  wrecks 
and  other  obstructions  from  tide  waters,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  the  pa3^ment  of  unclaimed  moneys  in  the  hands 
of  the  receivers  of  certain  insolvent  corporations,  after 
the  same  has  been  deposited  in  the  treasury  of  the 
Commonwealth,  a  sum  not  exceeding  five  thousand 
dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  the 
payment  from  the  treasury  of  the  Commonwealth  of  funds 
received  from  public  administrators,  a  sum  not  exceeding 
four  thousand  dollars. 

For  expenses  incurred  in  the  construction  and  repair 
of  roads  in  the  town  of  Mashpee  during  the  year  eighteen 
hundred  and  eighty-seven,  the  sum  of  three  hundred 
dollars. 

For  weights,  measures,  balances,  and  reports,  for  sun- 
dry newly  incorporated  towns,  a  sum  not  exceeding 
twenty-four  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
trustees  of  the  state  primary,  reform  and  industrial  schools, 
a  sum  not  exceedino;  twelve  hundred  dollars. 

For  salaries  and  expenses  in  connection  with  the  inspec- 
tion of  milk,  food  and  drugs,  a  sum  not  exceeding  ten 
thousand  dollars. 

The  fees  under  section  twelve  of  chapter  sixty  of  the 
Public  Statutes  are  hereby  appropriated  to  be  used  in 
accordance  with  the  provisions  of  said  section. 

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

ApX)roved  February  2,  1888. 


1888.  —  Chapter  16.  25 


An  Act  making  appropkiations  for  deficiencies  in  appropri-  (Jhnjy     \Q 

ATIONS     FOR     CERTAIN     EXPENSES     AUTHORIZED      IN      THE      YEAR 
EIGHTEEN   HUNDRED   AND   EIGHTY-SEVEN. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.  The  sums  hereinafter  inentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the 
Commonwealth,  from  the  ordinary  revenue,  for  the 
payment  of  certain  expenses  in  excess  of  appropriations 
therefor  in  the  year  eighteen  hundred  and  eighty-seven, 
to  wit :  — 

For  travelling  expenses  of  members  of  the  state  l)oard  ^ui^u^e"^  ^^"' 
of  agriculture,  sixty-two  dollars  and  sixty-nine  cents. 

For   salaries    at   the    state    almshouse    at   Tewksbury,  state  almshouse 
three   hundred    and    forty-eight   dollars    and   twenty-six  ^    '^^  ^  "'^' 
cents  ;  and  for  current  expenses  at  said  institution,  twenty- 
five  hundred  and  seventy-seven  dollars  and  seventy-eight 
cents. 

For  current  expenses  at  the  Lyman  school  for  boys,  Lyman  school 
fifteen    hundred    and    thirty    dolhirs     and     eighty-eight  °^^°^^- 
cents. 

For  the  decennial  census,  twelve  hundred  and  seventy-  Decennial  cen- 
five  dollars. 

For  salaries  and  expenses  at  the  state  normal  schools,  state  normal 
four  thousand   and  ninety-five  dollars  and  twenty-eight  ^'^^°°'*- 
cents. 

For  improvements  on  the  grounds  of  the  state  normal  ^"^ofcesteT* 
school   at  Worcester,   fourteen  hundred  and  twenty-five 
dollars  and  thirty-six  cents. 

For  a  new  building  at  the  state  normal  school  at  Fram-  Normal  school 
ingham,  four  hundred  and  ninety-one  dollars  and  forty-two  ''^   lan^i"?  ac- 
cents. 

For  medical   examinations    and    inquests,   fifteen    dol-  Medical  exami- 

,  ^  '  nations,  etc. 

lars. 

For  printing  and  ])inding  the  general  laws,  eighty-four  General  laws. 
dollars  and  fifty-six  cents. 

For  printing  and  binding  the  blue  book  edition  of  the  Blue  book. 
acts  and  resolves,  five  hundred  and  twenty-six  dollars  and 
sixty-nine  cents. 

For   travelling    expenses    of   committees,   eighty-eight  ^'^i^'^^tteesf 
dollars  and  fifty-six  cents. 

For  travellino;  expenses  of  the  commissioners  of  pris-  Commissioners 

1  iii«i  in  T  A.         '^^  prisons. 

ons,   two    hundred   and   eighty-two   dollars   and  twenty- 
nine  cents. 


26 


1888.  —  Chapters  17,  18. 


MasBachusetts 
reformatory. 


Topographical 
survey,  etc. 


For  current  expenses  at  the  Massachusetts  reformatory 
at  Concord,  eight  thousand  nine  hundred  and  seventy- 
eight  dolhirs  and  tifty-three  cents. 

For  expenses  in  connection  with  the  topographical  sur- 
vey and  map  of  Massachusetts,  eighty-eight  doUars  and 
sixty  cents. 

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

A2yx>'>'oved  February  <9,  1888. 

Chcip.   17  An  Act  making  an  appkopriation  for   printing  and  binding 

THE   DECENNIAL    CENSUS. 

Be  it  enacted,  etc.,  as  follows: 
Appropriation.  Sectiox  1.  The  sum  hereinafter  mentioned  is  appro- 
priated, to  1)6  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  purpose  of 
completing  the  printing  and  l)inding  the  decennial  census, 
taken  under  the  authority  of  chapter  one  hundred  and 
eighty-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four :  — 

For  printing  and  binding  the  remaining  copies  of  the 
decennial  census,  as  authorized  by  chapter  thirty-eight  of 
the  resolves  of  the  year  eighteen  hundred  and  eighty-five, 
a  sum  not  exceeding  twenty  thousand  dollars. 

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

Approved  February  8,  1888. 


Decennial  cen 

BUS. 


Chap 


Appropriation. 


State  primary 
school  at  Mon- 
80n. 


18  A^    -^CT    MAKING    APPROPRIATIONS    FOR    SALARIES    AND     EXPENSES 
AT   THE   STATE   PRIMARY   SCHOOL   AT   MONSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  at  the  state  primary  school  at  Mon- 
son,  for  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  eighty-eight,  to 
wit :  — 

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  l)oarding 
out  children,  a  sum  not  exceeding  four  thousand  dollars. 

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

Approved  February  8,  1888. 


1888.  —  Chapteks  19,  20.  27 


An  Act  making  appropriations  for  salaries  and  expenses  (JJiaij,   19 

AT   THE   LYMAN   SCHOOL   FOR   BOYS,   AT   AVESTI50R0UGH. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1 .  The  sums  hereinafter  mentioned  are  appro-  Appropriation. 
priated,  to  be  paid  out  of  jthe  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  payment  of  salaries 
and  expenses  at  the  Lyman  school  for  boys,  at  West- 
borough,  for  the  year  ending  on  the  thirty-lirst  day  of 
December  in  the  year  eighteen  hundred  and  eighty- 
eight,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  Lyman  school 
Lyman    school    for   l^oj^s,   at   Westborough,   a    sum    not  westbo^rough. 
exceeding  twelve  thousand  five  hundred  dollars  ;  and  for 
other   current   expenses  at  said   institution,   a  sum   not 
exceeding  eighteen  thousand  four  hundred  dollars. 

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

Approved  February  8,  1888. 


Chap.  20 


An  Act  to  incorporate  the  town  neck  land  and  improve- 
ment COMPANY  OF  SANDWICH. 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.     Samuel  Fessenden,  Ezra  T.  Pope,  F.  S.  Land\nd"im. 
Pope,  Charles  Dillingham,  F.  C.  Eldred,  George  N.  Chip-  provementcom- 
man,  George  T.  McLaughlin,  their  associates  and  succes-  wich. 
sors,  are  made  a  corporation  by  the  name  of  the  Town 
Neck   Land    and   Improvement  Company    of   Sandwich, 
with  power  to  purchase  and  hold,  in  fee  simple  or  other- 
wise,  all   or  any  part  of  that  tract  of  land  situated  in 
Sandwich,  known  as  Town  Neck,  and  other  lands  in  said 
Sandwich,  not  exceeding  in  all  five  hundred  acres. 

Section  2.  Said  corporation  shall  have  power  to  sell  ^°tYeT'^"'^ 
and  convey,  lease,  mortgage,  or  otherwise  dispose  of  and 
deal  with  said  corporate  property  or  any  part  thereof,  and 
to  manage,  improve,  and  to  lay  out  streets  and  passage- 
ways, and  otherwise  improve  the  same,  as  it  shall  deem 
expedient,  with  all  the  rights  and  privileges,  and  subject 
to  all  the  duties,  limitations  and  restrictions  conferred  or 
imposed  by  general  laws  which  now  are  or  hereafter  may 
be  in  force  applica1)le  to  such  corporations. 

Section  3.     The  capital  stock  of  said  corporation  shall  ^iXg^'aresf'"^ 
be  five  thousand  dollars  divided  into  shares  of  fifty  dollars 
each,  and   said  corporation,  subject  to  the  provisions  of 


28 


1888.  —  Chapter  21. 


Chajp 


Appropriations. 


State  prison, 
ealaries  and 
expenses. 


Massachusetts 
reformatory, 
salaries  and  ex- 
penses. 


Reformatory 
prison  for 
women,  salaries 
and  expenses. 


Removing  pris- 
oners from 
prison  for 
■women. 

Removing  pris- 
oners from 
Massacliusetts 
reformatory . 

Support  of  pris- 
oners removed. 


Board  of  prison- 
ers. 


Aid  to  convicts 
discharged  from 
etate  prison. 


law,  may  increase  the  said  stock  from  time  to  time  to  an 
amount  not  exceeding  foi-ty-tive  thousand  dollars. 

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

Approved  February  8,  1888. 

^  21  ^^  -^CT  MAKING  APPROPRIATIONS  FOR  SALARIES  AND  EXPENSES 
AT  THE  STATE  PRISON,  MASSACH^JSETTS  REFORMATORY,  THE  RE- 
FORMATORY PRISON  FOR  WOMEN,  AND  FOR  EXPENSES  IN  CON- 
NECTION THEREWITH. 

Be  it  enacted^  etc.,  as  foUoivs : 

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

For  the  payment  of  salaries  and  wages  at  the  state 
prison  at  Boston,  a  sum  not  exceeding  fifty-two  thousand 
dollars  ;  and  for  other  current  expenses  at  said  institution, 
a  sum  not  exceeding  sixty-nine  thousand  dollars. 

For  the  payment  of  salaries  and  wages  at  the  Massa- 
chusetts reformatory  at  Concord,  a  sum  not  exceeding 
fifty-eight  thousand  dollars  ;  and  for  other  current  expenses 
at  said  institution,  a  sum  not  exceeding  one  hundred  and 
four  thousand  dollars. 

For  the  payment  of  salaries  and  wages  at  the  reforma- 
tory prison  for  women  at  Sherborn,  a  sum  not  exceeding 
twenty-four  thousand  dollars ;  and  for  other  current 
expenses  at  said  institution  thirty-two  thousand  four 
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  payment  of  the  cost  of  supporting  prisoners 
removed  from  the  reformatory  prison  for  women,  a  sum 
not  exceeding  four  hundred  dollars. 

For  l:)oard  of  prisoners  removed  from  the  Massachusetts 
reformatory,  a  sum  not  exceeding  four  hundred  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 


1888.  —  Chapters  22,  23.  29 

thousand  dollars,  to  be  used  in  rendering  assistance  to 
said  convicts. 

For  the  salary  of  the  agent  for  aiding  discharged  female  Aidtodis- 
convicts,   discharged   from  the  prisons  of  the  Common-  convfcts/'^'"'''^ 
wealth,  a  sum  not  exceeding  seven  hundred  dollars  ;  and 
for  expenses  of  said  agent,  and  for  assistance  to  said  con- 
victs, a  sum  not  exceeding  twenty-three  hundred  dollars. 

For   aidino-  prisoners   discharo-ed  from  the  JNIassachu-  Prisoners  dis- 

cnjirsTGci  from 

setts  reformatory,   a   sum  not    exceeding   five   thousand  the  Massachu- 

111  '  setts  reforma- 

do  liars.  tory. 

For  incidental  and  contingent  expenses  of  the  commis-  commissioners 
sioners   of  prisons,  a   sum  not  exceeding  eight  hundred 
dollars. 

For  travelling  expenses  of  the  commissioners  of  prisons  Travelling  ex- 
and  of  the   secretary  thereof,  a  sum  not  exceeding  one 
thousand  dollars. 

For  travelling  expenses   of  the  agents  of  the  commis-  Expenses  of 
sioners    of  prisons,   a   sum  not  exceeding  five  hundred  ^^^^^' 
dollars. 

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

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

Approved  February  9,  18S8. 


An  Act  to  define  the  meaning  of  the  words  "  contract  for  n}if.Yt    22 

THE   LABOR   OF    PRISONERS  ",   AS    USED     IN    CHAPTER    FOUR    HUN-  "' 

DRED   AND   FORTY-SEVEN    OF   THE   ACTS   OF    THE    YEAR    EIGHTEEN 
HUNDRED   AND   EIGHTY-SEVEN. 

"Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    words  "contract   for  the   lalwr    of  p?"*'''*^' f*?''^^^^ 
•      1  /•        1  labor  of  prison- 

prisoners  ",  used  in  chapter  four  hundred  and  forty-seven  ers. 

of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 

shall  not  be  construed  as  applying  to    a  contract  for  the 

manufacture  of  articles  by  the  piece,  under  what  is  known 

as  the  "  piece  price  system",  with  persons  who  furnish 

the  materials  used  in  such  manufacture. 

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

Approved  February  .9,  1888. 

An    Act   relating   to   the  printing  and  distribution  of  the  H/ffi^     23 

ANNUAL   REPORTS   OF   THE   BUREAU   OF   STATISTICS   OF  LABOR. 

Beit  enacted,  etc.,  as  follows: 

Section  1.     There  shall  be  printed  annually  six  thou- Report  of  the 
sand  copies  of  the  report  of  the  bureau  of  statistics  of  ucrof'iabor*"*' 


30  1888.  —  Chapters  24,  25,  26. 

labor,  to  be  distributed  in  accordance  with  the  provisions 
of  chapter  four  of  the  Pul)lic  Statutes  ;  and  in  addition 
thereto  tive  hundred  copies  in  parts,  to  be  distributed  b}' 
the  bureau  of  statistics  of  labor. 

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

Approved  February  9,  1888. 


Ohai)      '^4:  '^^^  ^^^   (CONCERNING   THE   STATE   LIBRARY. 

Be  it  enacted,  etc.,  as  folloivs : 
Five  thousaud         Section  1.     Five  thousand  dollars   shall   be  annually 

dollars  to  be  an-  .i,.i  i-i  iiii 

Dually  appropri-  appropriated  tor  the  state  library  and  expended  under  the 
state  library.  dircctioii  of  the  trustecs  and  librarian  thereof  in  pur- 
chasing or  otherwise  procuring  such  l^ooks,  maps,  charts 
and  works  as  they  deem  most  useful ;  in  binding  and 
keeping  in  good  condition  the  works  in  said  library,  and 
in  purchasing  furniture  and  other  necessary  conveniences 
therefor. 

Section  2.  Chapter  one  hundred  ninety-six  of  the 
acts  of  the  year  eighteen  hundred  eighty-two  is  hereby 
repealed.  Approved  February  9,  1888. 

OllQ/D'    25  ^  -^^T   TO   CHANGE   THE    NAME    OF    THE    BRIDGMAN    AND    SMTTHE 

COMPiVNY. 

He  it  enacted,  etc.,  as  follows : 
Name  changed.       SECTION  1.     Tlic  iiaiue  of  the  Bridgmau  and  Smythe 
Company,   incorporated   under  the   general   laws  of  the 
Commonwealth,  is    hereby  changed   to  The  AVilliam  E. 
Smythe  Company. 

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

Apiproved  February  9,  1888. 

Chap,   26  An  -A^ct  to  change  the  name  of  the  harrell  manufacturing 

COMPANY. 

Be  it  enacted,  etc.,  as  follows: 
Name  changed.       Section  1.     Tlic  iiamc  of  The  HaiTcll  ISIanufacturing 
Company,  a  corporation  organized  under  the  general  laws 
of  the  Commonwealth,   is    hereby  changed  to  the  J.  J. 
AVarren  Company. 

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

Approved  February  9,  1888. 


1888.  —  Chapters  27,  28.  31 


An  Act  making  appropriations  for  salaries  and  expenses  at  /^7,«^^     97 
the  state  almshouse  at  tewksbury.  ^  '   ^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  at  the  state  almshouse  at  1'ewks- 
bury,  during  the  year  ending  on  the  thirty-tirst  day  of 
Decemlier,  eighteen  hundred  and  eighty-eight,  to  wit :  — 

For  the  i^ayment  of  salaries,  was^es  and  labor  at  the  state  almshouse 
state   almshouse    at   Tewksbury,    a    sum    not    exceeding 
twenty-eight   thousand   three    hundred   dollars ;    and  for 
other   current    expenses    at  said   institution,  a    sum    not 
exceeding  seventy-one  thousand  eight  hundred  dollars. 

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

Approved  February  9,  1888. 


at  Tewksbury. 


Chap.  28 


An  Act  making  appropriations  for  sundry  charitable  ex- 
penses. 

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  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-eight,  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  sixteen  ^^'^  chanty. 
hundred  dollars. 

For  the  salary  and  incidental  expenses  of  the  clerk  and  ^^^^'^  »'"'  ^"''i- 
auditor  of  the  state  board  of  lunacy  and  charity,  a  sum 
not  exceeding  seventeen  hundred  dollars. 

For  salaries  and  expenses  in  the  department  of  in-door  in-door  poor. 
poor,   a  sum  not  exceeding  twenty-eight  thousand  dol- 
lars. 

For  salaries  and  expenses  in  the  department  of  out-door  outdoor  poor, 
poor,  a  sum  not  exceeding  eighteen  thousand  dollars. 

For    salaries  and  expenses   in  the  department  of  the  inspector. 
inspector  of  charities,  a  sum  not  exceeding  ten  thousand 
dollars. 


32 


1888.  —  Chapter  28. 


Agent. 


Auxiliary 
\'i8itors. 


P  For  salary  and  expenses  of  the  prosecuting  agent  of  the 
state  board  of  kinacy  and  charity,  a  sum  not  exceeding 
fifteen  liundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
auxiliary  visitors  of  the  state  board  of  lunacy  and  charity, 
a  sum  not  exceeding  two  thousand  dollars. 


State  paupers  in 
lunatic  hospi- 
tals. 


Transportation 
of  paupers. 

Transportation 
to  almshouse. 

Settlement  and 
bastardy. 


Keglected  chil- 
dren. 


Infant  asylums. 


Sick  state 
paupers. 


Burial  of  state 
paupers. 


Temporary, 
support. 


Outside  found- 
lings. 

Paupers  in 
Bchool for 
feeble-minded. 


Dangerous  dis- 
eases. 


MISCELLANEOUS   CHARITABLE  EXPENSES. 

For  the  support  and  relief  of  state  paupers  in  the 
lunatic  hospitals  and  asylums  of  the  Commonwealth,  a 
sum  not  exceeding  one  hundred  and  fifty-four  thousand 
dollars. 

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

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

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

For  the  care  and  maintenance  of  indigent  and  neglected 
children  and  juvenile  ofl'enders,  a  sum  not  exceeding 
fifteen  thousand  dollars. 

For  the  reimbursement  of  infant  asylums  for  the  sup- 
port of  infants  having  no  known  settlement  in  this  Com- 
monwealth, for  the  present  and  previous  years,  a  sum  not 
exceeding  eighty-five  hundred  dollars. 

For  the  support  of  sick  state  paupers  by  cities  and 
towns,  a  sum  not  exceeding  forty-two  thousand  five 
hundred  dollars,  which  is  made  applicable  for  the  paj^ment 
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 
seventy-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  twelve  thousand  dollars. 

For  the  support  of  state  paupers  in  the  ISIassachusetts 
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 
exceedino^  five  thousand  dollars. 


1888.  —  Chapters  29,  30.  33 

For  expenses  incurred  in  connection  with  medical  exam-  Medical  esami. 

,•  !•  .  ,  T  J.1  •   J.      n         nations  and  in- 

inations    and  inquests,  a  sum  not  exceeding   tbirty-iive  quests. 
hundred  dollars. 

For  annuities  due  from  the  Commonwealth,  incurred  by  Johonnotan- 
the  acceptance  of  the  bequests  of  the  late  ]Martha  Johon- 
not,  a  sum  not  exceeding  eight  hundred  dollars. 

For  annuities  to  soldiers  and  others,  authorized  by  the  Annuities  to 
legislature,  a  sum  not  exceeding  twenty-nine  hundred  and  ^^  ^^rs,  etc. 
twenty-eight  dollars. 

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

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

Ajyproved  February  9,  1888. 

An  Act  making  appropriations  for  salaries  and  expenses  at  (JJicirf.   29 

THE   STATE   FARM   AT   BRIDGtEWATER. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1 .  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  paj^ment  of 
salaries  and  expenses  at  the  state  farm  at  Bridgewater, 
during  the  year  ending  on  the  thirty-first  da}'  of  Decem- 
ber, eighteen  hundred  and  eighty-eight,  to  wit :  — 

For  the  payment  of  salaries,  wages   and  labor  at  the  salaries, ex- 
state  farm  at  Bridgewater,  a  sum  not  exceeding  fifteen  p^"^^^'®*** 
thousand  three  hundred  dollars,  and  for  current  expenses 
at  said  institution,  a  sum  not  exceeding  forty  thousand 
three  hundred  dollars. 

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

Approved  February  13,  1888. 


Chap.  30 


An    Act    making   an  appropriation    for  investigations  into 
the    best    methods    of   protecting  the    purity   of   inland 

WATERS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
certain  expenses  in  connection  with  the  protection  of  the 
purity  of  inland  waters,  during  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-eight,  to  wit :  — 


34  1888.  —  Chaptees  31,  32. 

Investigations         YoY  providins:  foi'  investio;ations  into  the  best  methods 

into  best  metn-  i  ~  .  o 

ods  of  water       of  assurinii"   the    purity  oi    water    supphes,    disposal    of 

supplies,  dis-  „  "-  •  r  •  i      i  i      ^i  •    -_ 

posai  of  sewage,  seAvage,  loi'  sei'vices  ot  engineers,  clerks  and  other  assist- 
*'"■  ants,    made    necessary    and    authorized    by  chapter  two 

hundred  and  seventy-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six,  which  requires  the  state  board  of 
health  to  liave  general  care  and  oversight  of  all  inland 
Avaters,  and  report  measures  for  preventing  the  iioUution 
of  the  same,  also  for  the  proper  disposal  of  all  sewage 
matter,  a  sum  not  exceeding  twenty-live  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ax)proved  February  13,  1888. 

ChdV.  31  -^  ^^^  MAKING  AN  APPROPRIATION  FOR  COMPENSATION  AND  EX- 
PENSES OF  THE  JOINT  SPECIAL  COMMITTEE  APPOINTED  BY  THE 
LEGISLATURE   OF    EIGHTEEN    HUNDRED   AND   EIGHTY-SEVEN. 

'Be  it  enacted,  etc.,  asfolloios: 
Appropriation.        SECTION  1.     The  sum  hereinafter  mentioned  is  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
.  wealth,  from  the  ordinary  revenue,  for  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-seven,  to  consider  the  sub- 
ject  of  the    employment   and    schooling   of  children,  to 
wit :  — 
Committee  on         For  compeiisatioii  and  expenses  of  a  joint  special  com- 
Md'ichootog     mittee  of  the  legislature  of  the  year  eighteen  hundred  and 
of  children.        eiglity-seveii,  a  sum  not  exceeding  twenty-live  hundred 
and  forty-live  dollars  and  nine  cents. 

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

Approved  February  13,  1888. 


Chan    32  ^^  '^^  ^^  relation  to  the 


HITCHCOCK    free     HIGH    SCHOOL    IN 
BRIMFIELD. 


Be  it  enacted,  etc.,  as  follows: 
Hitchcocii  Free  Section  1.  Chapter  two  hundred  and  twenty-live  of 
fiftlen  trustees,  the  acts  of  the  year  eighteen  hundred  and  lifty-live,  as 
amended  by  chapter  one  hundred  and  ninety  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-live,  is  hereby 
further  amended  so  that  the  number  of  trustees  of  the 
Hitchcock  Free  High  School  in  Brimlield  shall  be  lifteen 
instead  of  thirteen,  and  any  suitable  person  shall  be 
eligible  to  the  office  of  trustee  :  ])rovided,  Jioivever,  that 


1888.  —  Chapter  32.  35 

at  least  nine  of  said  trustees  shall  be  residents  of  the  town 
of  Brimtield. 

Section  2.     The  board  of  trustees  may  at  such  time  Trustees  to  be 
as  they  shall  deem  best  divide   by  lot  or  otherwise  the  cilsses.  "^'^ 
board  into  five  classes  of  three  members  each,  of  whom 
one  class  shall  vacate  office  at  such  date  thereafter  as  the 
board  shall  determine,  and  another  class  on  the  same  date 
in  each  year  thereafter.     After  such  classification  of  the 
board  the  full  term  of  office  for  the  trustees  shall  be  five 
years ;  and  any  vacancy  during  a  term  may  be  filled  for  vacancies. 
the  unexpired  portion  thereof. 

Section  3.     Out  of  the  accumulation  of  the  building  Disposition  of 

f.        1    ,1        ,  ,  1  i  T  building  fund. 

lund  the  trustees  may  expend  a  sum  not  exceeding  seven 
hundred  dollars  for  the  purchase  of  land  for  the  use  of 
the  school  and  for  improving  the  same.  Whenever  the 
accumulations  of  the  building  fund  amount  to  the  sum  of 
eight  thousand  dollars,  the  income  of  the  fund  and  of  the 
accumulation  thereafter  may  be  applied  to  defray  the 
expenses  of  instruction  in  said  school :  provided,  how- 
ever, that  when  it  shall  be  required  for  the  original 
purposes  of  the  fund  to  expend  any  portion  of  the  accumu- 
lation and  the  sum  remaining  after  such  expenditure  shall 
be  less  than  eight  thousand  dollars,  the  income  shall  be 
held  and  applied  to  restore  the  accumulation  to  the  said 
sum  of  eight  thousand  dollars. 

Section  4.     The  trustees  are  hereby  authorized  to  fix  Treasurer  may 

1  ,1  x-         j_     j_i       j_  be  compen- 

and  pay  a  reasonable  sum  as  compensation  to  the  treasurer  sated. 
for   his    services.      Any  fit  person,    whether  one  of  the 
trustees  or  not,   shall  be  eligible  to  the  office  of  treas- 
urer. 

Section  5.     The  trustees  may  extend  the  privileges  Privileges  of 
of  the    lilirary   at   the   school  to  any  persons  who  have  '  '^'"^^' 
been    connected    with   the    school    as    trustees,    teachers 
or  pupils,  and  to  teachers  in  the  town   schools  while  so 
employed. 

Section  6.     Said   Hitchcock    Free  High  School  may  Real  and  per. 
hold  real  and  personal  property  for  the   purposes  named  ^°"'*  P'oper  y- 
in  its  act  of  incorporation  to  an   amount  not    exceeding 
two  hundred  thousand  dollars. 

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

Approved  February  13,  1888. 


holders. 


36  1888.  —  Chapters  33,  34. 


GJlCtJ).    33   ^^   -'^CT    TO   AMEND   THE   CHARTER   OF  THE   MUTUAL   BOILER  INSUR- 
ANCE   COMPANY   OF   BOSTON. 

Be  it  enacted^  etc.,  as  follows : 
Contingent  Section   1.     Sectloii  tlirec  of  cliaptei"  oiiG  huiidred  and 

of  policy  twenty-four  of  the  acts  of  the  year  ei2:hteen  hundred  and 

v~ij — „  ^  "ii  111  -in  1 

seventy-seven  is  hereby  amended  so  that  it  shall  read 
as  follows:  —  Section  3.  Said  corporation  shall,  in  its 
by-laws  and  policies,  fix  the  contingent  mutual  liability  of 
its  policy  holders  for  the  payment  of  losses  and  expenses 
not  provided  for  by  its  cash  funds.  Such  contingent 
liability  shall  be  not  less  than  five  times  the  amount  of 
the  cash  premium,  payable  at  such  times  and  in  such  sums 
as  the  directors  of  the  corporation  may  order  or  assess, 
pursuant  to  the  by-laws,  and  shall  constitute  the  entire 
liability  of  such  policy  holder.  The  total  amount  of  the 
liability  shall  be  plainly  and  legibly  stated  on  the  back  of 
each  policy. 

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

Approved  February  13,  1888. 


OhaV  34  ^  -^^^  ^^  AUTHORIZE  THE  CITY  OF  SALEM  TO  ACCEPT  THE  DEED 
OF  GIFT  OF  MARY  A.  BERTRAM  AND  OTHERS,  AND  TO  CARRY  OUT 
THE  PROVISIONS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 
May  accept  SECTION  1.     All  requisite  power  and  authority  is  here- 

QG6Q.  01  Msrv  -*    ^  *•  ^ 

A.  Bertram  and  by  givcii  to  tlic  city  of  Saleui,  actiug  by  the  city  council 
thereof,  to  accept  the  deed  of  Mary  A.  Bertram  and 
others,  dated  December  twenty-eighth,  A.D.  eighteen 
hundred  and  eighty-seven,  for  the  purpose  of  establishing 
and  maintaining  a  free  public  library  in  said  city,  and  to 
carry  out  said  purpose  in  the  manner  specified  in  said 
deed. 
p^hiufub^M  Section  2.  Said  city  is  hereby  authorized  to  borrow 
Loan.  a  sum  Hot  exceeding  twenty-five  thousand  dollars  to  be 

used  for  carrying  out  said  purpose  in  the  manner  afore- 
said, and  it  may  issue  therefor  bonds,  notes  or  scrip  not 
exceeding  the  amount  borrowed ;  said  bonds,  notes  and 
scrip  shall  bear  on  their  face  the  words  ' '  City  of  Salem 
Pul)lic  Library  Loan,  act  of  eighteen  hundred  and  eighty- 
eight  ",  and  shall  1)e  payable  at  the  expiration  of  a  period 
not  exceeding  twenty-five  years  from  the  date  of  issue, 
shall    bear   interest  i:)ayable  semi-annually  at  a  rate  not 


1888.  — Chapteh  35.  37 

exceeding  six  per  centum  per  annum,  and  shall  be  signed 
by  the  mayor  and  treasurer  of  said  city.  The  said  city 
mav  sell  said  securities  at  i)ublic  or  private  sale,  or  pledge  May  sen  secur- 

, ,     '  I,  ,  1     /•         J 1  j>  •'  1      ities  at  public 

the  same  tor  money  l^orrowed  lor  the  purpose  atoresaid,  or  private  sale. 

upon  such  terms  and  conditions  as  it  may  deem  proper ; 

or,  if  the  board  of  trustees  provided  for  in  said  deed  is 

willing  to  invest  in  said  l)onds,  notes  or  scrip  the  fund  of 

twcnty-tive  thousand  dollars  to  be  paid  to   said   board   by 

said  city,  the  city  may  deliver  to  said  board  said  bonds, 

notes  or  scrip  with  the  same  eft'ect  as  if  it  had  paid  over 

to  said  board  the  proceeds  of  the  sale  of  said  bonds,  notes 

or  scri}),  and  the  trustees  shall  have  the  same  rights  as 

any  other  purchaser  or  purchasers  thereof. 

Section  o.     The  said  city  may,  at  the  time  of  author-  Payment  may 
izing  said  loan,  provide  for  the  payment  thereof  in    such  iu  annual  In-  ° 
annual  proportionate  instalments  as  will  extinguish  the  ^'^^''^^'^ts. 
same  within  the  time  prescribed   in  this  act ;  and  when 
such  pro\'ision  has  been  made  the  amount  required  there- 
by shall  without  further  order  be  assessed  by  the  assessors 
of  said  city  in  each  year  thereafter  until  the  debt  incurred 
by  said  loan  shall  be  extinguished,  in  the  same  manner  as 
other  taxes  are  assessed  under  the  provisions  of  section 
thirty-four  of  chapter  eleven  of  the  Public  Satutes.     If 
said  city  does  not  make  such  provisions,  said  loan  shall  be 
subject  to  all  the  provisions  of  section  nine  of  chapter 
twenty-nine  of  the  Public  Statutes. 

Section  4.     This  act  shall  take  effect  upon  its  accept- 
ance l)y  the  city  council  of  said  city. 

Approved  February  13,  1S88. 

An  Act  to  incorporate  the  beverly  fuel  society.  CIlClV.  35 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.  Elisha  Whitney,  Charles  T.  Lovett,  Wil-  S'/j^^ol- 
Ham  C.  Boyden,  Samuel  Porter,  Augustus  N.  Clark,  porated. 
William  Endicott,  Hezekiah  O.Woodbury,  John  Girdler, 
George  Roundy,  Francis  Norwood,  Joseph  H.  Baker, 
Patrick  J.  Lynch,  Robert  R.  Endicott,  Edward  L.  Gid- 
dings,  William  R.  Driver,  Joseph  C.  Kilham,  Thomas  A. 
Lefavour,  Robert  G.  Bennett,  Frederick  W.  Choate, 
their  associates  and  successors,  are  hereby  made  a  corpo- 
ration b}"  the  name  of  the  Beverly  Fuel  Society,  with  the 
powers  and  subject  to  the  duties,  liabilities  and  restrictions 
set  forth  in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  and  applicable  to  such  corporations. 


38 


1888.  — Chapter  36. 


May  elect  offi- 
cers and  may 
make  by-laws. 


Real  and  per- 
sonal property 
not  to  exceed 


^•25,000. 


Section  2.  The  said  corporators,  their  associates  and 
successors,  may  elect  such  officers  and  make  and  ordain 
such  by-laws  and  regulations  as  they  may  deem  necessary 
for  their  own  oovernment,  and  the  proper  management  of 
the  funds  committed  to  their  care,  and  also  have  power  to 
elect  new  members  to  said  societ3^ 

Section  3.  The  said  society  may  take  and  hold  any 
real  or  personal  property  that  may  come  into  their  posses- 
sion either  by  donation  or  bequest  to  an  amount  not 
exceeding  twenty-tive  thousand  dollars  and  may  use  the 
income  of  such  property  and  such  portions  of  said  prin- 
cipal sum  as  they  may  in  their  best  judgment  deem  nec- 
essary for  the  purchase  and  distribution  of  fuel  to  the 
worthy  poor  of  the  town  of  Beverly. 

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

Approved  February  13,  1888. 


CJlUV'     36  -^^  ^^^    '^^    INCORPOKATE    THE   TRUSTEES   OF   THE   UELTA   UPSILON 

SOCIETY   OF   WILLIAMS   COLLEGE. 


Corporators. 


Powers  and 
duties. 


Real  and  per- 
sonal estate. 


Trustees  not  to 
exceed  seven  in 
number. 


Be  it  enacted,  etc.,  as  follovs: 

Section  1.  ]\lilton  B.  Whitney,  Janies  "White,  Wil- 
liam R.  Broughton,  Lewis  A.  Jones,  William  W.  Xewell, 
their  associates  and  successors,  are  made  a  corporation  by 
the  name  of  the  trustees  of  the  Delta  Upsilon  Society  of 
Williams  College,  for  the  purpose  of  holding  and  manag- 
ing the  real  and  personal  estate  of  the  Delta  Upsilon 
Society  of  Williams  College,  with  the  powers  and  subject 
to  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  which  now  are  or  hereafter  may  be  in  force 
and  applicable  to  such  corporations. 

Section  2.  Said  corporation  may  hold  real  and  per- 
sonal estate  for  the  uses  of  the  above  named  society  to  an 
amount  not  exceeding  twenty  thousand  dollars  which  shall 
not  be  exempt  from  taxation. 

Section  3.  The  trustees  of  said  corporation  shall 
have  authority  to  till  all  vacancies  in  their  board  :  and  the 
number  of  said  trustees  shall  never  exceed  seven. 

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

Approved  February  16,  1888. 


1888.  —  Chapters  37,  88,  39.-  39 


An   Act  to  authorize  the  toavn  of   abington  to   make  an  (Jlidj)^   37 

ADDITIONAL   AVATER  LOAN. 

Be  it  enacted.,  etc.,  as  folloios : 

Section  1.     The  town  of  Abington,  for  the  purposes  May  issue  bonds 

,.  !•  ,•  r.  ^ij.j.  1  11  1'       not  to  exceed 

mentioned  ni  section  nve  oi  chapter  two  hundred  and  six  $30,000. 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-five, 
may  issue  bonds,  notes  or  scrip,  to  be  denominated  on  the 
face  thereof  Abington  Water  Loan,  to  an  amount  not 
exceeding  thirty  thousand  dollars  in  addition  to  the 
amounts  heretofore  authorized  by  law  to  be  issued  by  said 
town  for  the  same  puposes  ;  said  bonds,  notes  or  scrip  to 
be  issued  upon  the  same  terms  and  conditions  and  with 
the  same  powers  as  are  provided  in  said  act  for  the  issue 
of  the  Abington  water  loan  by  said  town  :  provided,  that  Proviso. 
the  whole  amount  of  such  bonds,  notes  or  Scrip  issued  by 
said  town  for  the  same  purposes,  shall  not  in  any  event 
exceed  the  amount  of  one  hundred  and  eighty  thousand 
dollars. 

Section  2,     This  act  shall  take  eftect  upon  its  accept-  c"\^®nceVthe 
ance  by  the  town  of  Abington  at  an  annual  meeting  within  town. 
two  years  from  the  passage  of  this  act,  by  a  majority  of 
voters  present  and  voting  thereon. 

Approved  February  16,  1888. 

An  Act  to  change  the  name  of  the  trustees  of  armexia  col-  (JJidj)^   38 
lege  funds. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  name  of  the   Trustees    of  Armenia  Name  changed. 
College  funds,  a  corporation  organized  under  the  general 
laws   of  the  Commonwealth,  is   herel)y  changed  to  The 
Trustees  of  Euphrates  College  funds. 

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

Approved  February  16,  1888. 

An  Act  to  incorporate  the  whitman  savings  bank.  (JlldV-   39 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     David  B.  Gurney,  David  A.  Gurney,  B.  >J^?JSlr 
F.  H'astings,  William  R.  Vining,  Charles  F.  Allen,  their  coi-porated. 
associates  and  successors,  are  herel)y  made  a  cori)oration 
by  the  name  of  the  Whitman  Savings  Bank,  with  authority 
to  establish  and  maintain  a  savings  bank  in  the  town  of 
Whitman,  with  all  the  powers  and  privileges  and  subject 


40  1888.  — Chaptees  40,  41,  42. 

to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  which  now  are  or  may  hereafter  T)e  in  force 
relating  to  savings  banks  and  institutions  for  savings. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  February  16,  1888. 

Chap.    40  ^  -'^CT   REQUmrNG    SAVINGS    BANKS    AND    INSTITUTIONS    FOR    SAV- 
INGS TO  CALL  IN  THEIR  BOOKS  OF  DEPOSIT  AT  STATED  INTERVALS. 

Be  it  enacted,  etc. ,  as  folloivs : 
Books  of  de-  During  the  year  eighteen  hundred  and  eio-hty-nine  and 

posit  to  be  called  i   •     i  i  /•  •  '^t     .  .         . 

in  for  verifica-     evciy  third  year  thereaiter  savings  l)anks  and  institutions 


tion. 


for  savings  shall  call  in  the  books  of  deposit  of  their 
depositors  for  verification  in  such  manner  as  their  respect- 
ive boards  of  trustees  may  elect. 

Approved  February  16,  1888. 

Cha/D'    41   ^^   ^^^  ^^    ESTABLISH    THE    SALARY    OF    THE    SECRETARY    OF    THE 

CIVIL   SERVICE   COMMISSION. 

Be  it  enacted,  etc.,  as  folloivs: 
Salary  estab-  Sectiox  1.     The    Salary  of  the   secretary  of  the  civil 

liS116u  • 

service  commission,  beginning  with  the  first  day  of  Janu- 
ary in  the  year  eighteen  hundred  and  eighty-eight,  shall 
be  fifteen  hundred  dollars  a  year,  and  at  the  same  rate  for 
any  portion  of  a  year. 

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

A^yproved  February  16,  1888. 


OllCLT).  4:^  -^  ^'^^  '^^  AUTHORIZE  THE  BOSTON  AND  PROVIDENCE  RAILROAD 
CORPORATION  TO  LEASE  ITS  RAILROAD  TO  THE  OLD  COLONY  RAIL- 
ROAD  COMPANY. 

Be  it  enacted,  etc. ,  as  folloivs : 
May  lease  road,       SECTION  1.     Tlic  Bostoii  and  Provideucc  Eaili'oad  Cor- 

etc,  to  the  Old  i  i  /•   ..  i  .  i 

Colony  Railroad  poration  may  make  a  lease  oi  its  road,  property  and 
ompany.  franchise  to  the  Old  Colony  Railroad  Company  in  such 
manner  and  upon  such  terms  and  conditions  as  are  pro- 
vided b}'  the  general  laws  of  the  Commonwealth  for  the 
leasing  of  railroads,  and  the  Old  Colony  Eailroad  Com- 
pany may  accept  the  same  lease  ;  and  if  a  sinking  fund  is 
*  required  by  the  terms  of  such  lease,  the  provisions  of  se'ction 

seventy-four  of  chapter  one  hundred  and  twelve  of  the  Pub- 
lic Statutes  shall  not  apply  to  the  investment  thereof. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ap)p)roved  February  17,  1888. 


1888.  —  Chapter  43.  41 


An  Act  in  relation  to  the  nantasket  beach  railroad.       CJhciV.   43 
JBe  it  enacted^  etc.,  as  follows  : 

Section  1.     The    maintenance   and    operation    of  the  Maintenance  of 
Nantasket   beach   raih'oad,   as    now  constructed    from    a  and  foreclosure' 
point  on  the  line  of  the  Okl  Colony  railroad  in  Hing-ham  etc^ratmfd! 
to  its  terminus  on  Windmill  point  in  the  town   of  Hull, 
under  the  provisions  of  all  general  laws  which  now  are,  or 
may  hereafter  be  applicable  to  the  location,  maintenance, 
and  operation  of  railroads,  is  hereby  authorized,  and  the 
bonds,  and  mortgage  of  its  road,  franchise,  and  property 
to  secure  the  same,  made  by  the  Nantasket  Beach  Rail- 
road Company  on  the  twenty-third  day  of  March,  in  the 
year  eighteen  hundred  and  eighty-one,  and  recorded  in 
Plymouth   registry   of    deeds,    book   four   hundred   and 
sixty-three,  pages  two  hundred  and   seventy-one  to  two 
hundred    and    seventy-four,   and   the  foreclosure  of  said 
mortgage  and  sale  of  said  property  to  Arthur  W.  Moors, 
trustee  for  the  holders  of  said  bonds,  are  hereby  ratified 
and  confirmed,  and  said  Arthur  W.  Moors,  or  his  success- 
or in  said  trust,  being  thereto  duly  authorized,  may  lease,  Road  may  be 
agree  to  sell  and  convey,  and  sell  and  convey  said  railroad,  ow  co\ony^ 
franchise  and    property,   and  any  other  property  held  in  panyf''''  ^°™" 
connection  therewith  to  the  Old  Colony  Railroad  Company, 
which  may  lease  or  purchase  the  same,  or  any  part  there- 
of, by  vote  of  its  directors,  upon  such  terms  and  condi- 
tions as  they  and  said  Moors,  trustee,  or  his  successor  in 
said  trust,  ma}^  agree. 

Section  2.     If  the  Old  Colony  Railroad  Company  shall  po^.^'-s  ^nd 

.  ,         ,  '11  *^..      privileges  if 

lease  said  railroad,  it  shall  have  all  the  powers  and  privi-  lease  is  made. 
leges  in  relation  thereto,  and  in  relation  to  the  taking  of 
land  or  other  property  for  additional  tracks,  depot,  and 
station  purposes,  or  the  building  of  branches  or  extensions 
thereof,  or  any  other  purpose  for  which  railroad  corpora- 
tions may  hereafter  l)e  authorized  to  take  land  or  property, 
which  it  has,  or  may  have,  in  relation  to  its  own   road  ; 
but  said  railroad  shall  not  be  required  to  he  operated  dur- 
ing the  winter  season,   provided  other  accommodations  Accommoda- 
are  furnished  by  the  corporation  in  i)ossession  of  the  road  w'lnterTe-rson.^ 
to  the  satisfaction  of  the  Ijoard  of  railroad  commissioners, 
which  accommodations  such  corporation  is  authorized  to 
furnish. 

Section  3.     Nothing  herein  contained    shall    l)e  con- certain  rights 
strucd  to  diminish,  afl'ect  or  impair  the    existing    rights  not impaTred! 


42  1888.  — Chapters  44,  45,  46. 

and  remedies  against  the  Nantasket  Beach  Railroad  Com- 
pany secured  to  the  owners  of  land  and  other  property 
under  chapter  one  hundred  and  twelve  of  the  Public 
Statutes ;  and  such  OAvners  shall  have  the  same  rights  and 
remedies  against  the  Old  Colony  Eailroad  Company  as  they 
now  have  against  the  Xantasket  Beach  Kailroad  Company. 
Sectiox  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17^  1888. 

Chap.  44  ^  ^^^  '^^  AUTHORIZE  THE  SEAMEN'S  WIDOW  AND  ORPHAN  ASSOCI- 
ATION OF  SALEM  TO  HOLD  ADDITIONAL  REAL  AND  PERSONAL 
PROPEIJTY. 

Be  it  enacted^  etc.,  as  follows  : 

muonai'reaKand  Sectiox  1.  Tlic  Scameu's  Widow  and  Orphan  Asso- 
peisouai  prop-  ciatioH  iu  tlic  city  of  Salem  is  hereby  authorized  to  hold 
real  and  personal  property  in  addition  to  what  is  now 
authorized  by  law,  to  an  amount  not  exceeding  fifty 
thousand  dollars,  for  the  purposes  specified  in  its  act  of 
incorporation. 

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

A2)proved  February  17,  1888. 

0/lCip.    45   A^  Act   to   CHANGE   THE  NAME  OF  THE  GRAFTON  CENTRE  RAILROAD 

COMPANY. 

Be  it  enacted,  etc.,  as  follows  : 
Name  changed.       Sectiox  1.     Tlic  name  of  the  Graftou  Centre  Railroad 
Company,   incorporated    under  the  general  laws  of  the 
CommonAvealth,  is    hereby  changed  to  the  Grafton  and 
Upton  Railroad  Company. 

Sectiox  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  February  17,  1888. 


Chap.  46  ^'^  Act  to  amend  section  twenty-four  of  chapter  one  hun- 
dred AND  NINETY-TWO  OF  THE  PUBLIC  STATUTES  RELATING  TO 
THE   ENFORCEMENT   OF  CERTAIN  LIENS  UPON  PERSONAL  PROPERTY. 

Be  it  enacted,  etc. ,  as  follows : 
Liens  upon  'Sectiox    1.       ScctioH    twcuty-four     of    chapter    one 

personal  prop-      ■,  -,        ^         .  .       i         -r-»    i  t        ri  •       i  i 

erty.  huudrcd    ninety-two    ot    the    Pul)lic    Statutes   is   Jiereby 

♦  amended  by  inserting  after  the  word  "resides",  in  the 

eleventh  line  thereof,  the  words  :  —  or  has  his  usual  place 
of  business. 

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

Aj)p)roved  February  17,  1888. 


1888.  — Chapter  47.  43 


An  Act  to  incorporate  the  town  of  avon.  CJinn    47 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1 .  All  that  temtoiy  now  the  town  of  Stough-  -yXporafed? 
ton,  in  the  county  of  Norfolk,  comi^rised  within  the  set  off  from 
follownig  limits,  that  is  to  say  :  beginning  at  a  point  on 
the  easterly  line  of  Stoughton,  where  the  Old  Colony 
railroad  crosses  said  easterly  line ;  thence  soutliAvesterly 
along  the  westerly  side  of  said  Old  Colony  railroad  about 
four  hundred  and  sixty  rods  to  a  point  on  the  westerly 
side  of  the  culvert  where  kSaulisbury  brook  passes  under 
said  railroad  ;  thence  in  a  straight  line  south  about  five 
hundred  and  thirty-two  rods  to  the  westerly  side  of  Oak 
street,  where  it  intersects  South  street ;  thence  southerly 
again  along  the  westerly  side  of  Oak  street  about  seventy- 
five  rods  to  the  Brockton  line  ;  thence  easterly  along  said 
Brockton  line  about  six  hundred  and  eighty-seven  and 
one-half  rods  to  the  HolI)rook  line  ;  thence  in  a  straight 
line  northerly  about  eight  hundred  and  ninety-four  rods 
along  the  IIoll)rook  line  and  the  Kandolph  line  to  the 
point  of  beginning,  is  herel)y  incorporated  as  a  town  by 
the  name  of  Avon,  and  said  town  of  Avon  is  hereby 
invested  with  all  the  powers,  privileges,  rights  and  immu- 
nities, and  made  subject  to  all  the  duties,  liabilities  and 
requisitions  to  which  other  towns  are  entitled  and  sub- 
jected by  the  constitution  and  laws  of  this  Commonwealth. 

Sectiox  2.     The   inhabitants    and  estates  within  said  I'aymentof 

arrears  of  taxes. 

town  of  Avon  and  the  owners  of  said  estates  shall  be 
holden  to  pay  all  arrears  of  taxes  which  have  been  legally 
assessed  upon  them  l)y  the  town  of  Stoughton  and  all 
taxes  heretofore  assessed  and  not  collected  shall  be  col- 
lected and  paid  to  the  treasurer  of  the  town  of  Stoughton 
in  the  same  manner  as  if  this  act  had  not  been  passed  ;  and 
until  the  next  state  valuation  the  town  of  Avon  shall 
annually  in  the  month  of  November  pay  to  the  town  of 
Stoughton  twent}"  per  cent,  of  all  the  state  and  county 
taxes  that  may  be  assessed  upon  said  town  of  Stoughton. 

Section  3.     The  towms  of  Stoughton  and  Avon  shall  ^eHef^dsup-^ 
be   respectively  liable  for  the  relief  and   support  of  all 
persons  who  now  do  or  shall  hereafter  stand  in  need  of  * 

relief  as  paupers,  Avhose  settlement  was  gained  whether 
by  original  acquisition  or  derivation  within  their  respective 
limits  ;  and  the  town  of  Avon  shall  pay  annually  to  the 
town  of  Stoughton  twenty  per  cent,  of  all  costs  for  the 


44 


188S.  —  Chapter  47. 


Suits,  etc.,  to  be 
instituted  and 
defended  by 
Stoughton. 


Division  of 
costs  and  ex- 
penses. 


Division  of 
eorporate  prop- 
erty and  debts. 


In  case  of  dis- 
agreement, com- 
missioners to  be 
appointed  by 
the  superior 
court. 


Award  of  com- 
missioners. 


support  or  relief  of  those  persons  who  now  do  or  shall 
hereafter  stand  in  need  of  relief  or  support  as  paupers 
and  whose  settlement  by  original  acquisition  or  derivation 
was  gained  liy  reason  of  military  service  as  a  part  of  the 
quota  of  the  town  of  Stoughton  or  who  cannot  l)e  located 
on  the  site  whence  their  settlement  was  derived  or  whereon 
it  Avas  acquired. 

Sectiox  4.  All  suits  and  proceedings  at  law  or  in 
equity  where  the  cause  of  action  in  favor  of  or  against 
the  town  of  Stoughton  arose  before  the  passage  of  this 
act  shall  be  instituted  and  prosecuted  or  defended  by  the 
town  of  Stoughton  with  the  same  eifect  as  if  this  act  had 
not  been  passed ;  and  the  amount  recovered  in  any  such 
suit  or  proceeding  by  or  against  said  town  of  Stoughton 
shall  ])e  received  or  paid  as  the  case  may  be  by  the  town 
of  Stoughton,  and  reckoning  costs  and  expenses,  includ- 
ing counsel  fees,  shall  be  divided  between  the  towns  of 
Stoughton  and  Avon  in  the  proportion  of  twenty  per 
cent,  to  the  town  of  Avon  and  eighty  per  cent,  to  the 
town  of  Stoughton. 

Section  5.  The  corporate  property  belonging  to  the 
town  of  Stoughton  at  the  date  of  the  passage  of  this  act 
and  the  public  debt  of  said  town  existing  at  said  date 
shall  be  divided  between  the  towns  of  Stoughton  and 
Avon  in  the  proportion  of  eighty  per  cent,  to  the  town  of 
Stoughton  and  twenty  per  cent,  to  the  town  of  Avon ; 
and  said  town  of  Avon  shall  receive  from  said  town  of 
Stoughton  twenty  per  cent,  of  whatever  amount  may 
hereafter  be  refunded  to  said  town  of  Stoughton  from  the 
state  or  United  States  to  reimburse  said  town  of  Stoughton 
for  bounties  to  soldiers,  or  state  aid  [)aid  soldiers'  fiimilies, 
after  deducting  all  reasonable  expenses  ;  and  said  town  of 
Stoughton  and  said  town  of  Avon  shall  jointly  bear  the 
expense  of  making  the  survey  and  establishing  the  line 
between  the  said  towns  of  Stoughton  and  Avon. 

Section  G.  In  case  the  said  towns  of  Stoughton  and 
Avon  shall  not  agree  in  respect  to  a  division  of  property, 
debts,  or  town  paupers,  the  superior  court  for  the  county 
of  Norfolk  shall  upon  the  petition  of  either  town  appoint 
three  competent  and  disinterested  persons  to  hear  the 
parties  and  make  award  thereon ;  and  their  award  or  the 
award  of  any  two  of  them,  being  accepted  by  said  court, 
shall  be  final.  In  making  said  award  said  commissioners 
shall   assiofu   the  real   estate  belonging  to   the   town    of 


1888.  —  Chapter  48.  45 

Stougliton  at  the  time  of  the  passage  of  this  act  to  the 
town  witliin  which  said  estate  shall  be  situated  so  far  as 
such  a  division  shall  be  practical)le. 

Section  7.  The  town  of  Avon  shall,  until  otherwise  Election  dis- 
provided  by  law,  continue  to  be  a  part  of  the  second  con-  ^"*^*^' 
gressional  district,  of  the  second  councillor  district,  of 
the  second  Norfolk  senatorial  district,  and  the  seventh 
Norfolk  representative  district ;  and  at  all  elections  the 
inhabitants  of  the  town  of  Avon  shall  vote  at  polling 
places  to  be  furnished  within  the  said  town.  The  select- 
men and  clerk  of  the  town  of  Avon  shall  make  returns  of 
elections  as  if  the  town  had  existed  at  the  time  of  the 
formation  of  said  districts. 

Section  8.  Any  justice  of  the  peace  within  and  for  rirst  meeting 
the  county  of  Norfolk  may  issue  his  warrant  directed  to  townofficere. 
any  inhabitant  of  the  town  of  Avon  requiring  him  to 
notify  and  warn  the  inhabitants  thereof  qualified  to  vote 
in  town  afl:airs  to  meet  at  the  time  and  place  therein 
appointed  for  the  purpose  of  choosing  all  such  town 
officers  as  towns  are  by  law  authorized  and  required  to 
choose  at  their  annual  meetings ;  and  said  warrant  shall 
be  served  l)y  publishing  a  copy  thereof  in  some  news- 
paper printed  in  the  town  of  Stoughton  or  city  of  Brock- 
ton, and  by  posting  up  copies  thereof,  all  attested  by  the 
person  to  whom  the  same  is  directed,  in  three  public 
places  in  said  town  of  Avon  seven  days  at  least  before 
such  time  of  meeting.  Such  justice,  or  in  his  alisence 
such  inhal^itant  required  to  notify  the  meeting,  shall  pre- 
side until  the  choice  of  moderator  in  said  meeting  is  made. 
The  selectmen  of  the  town  of  Stoughton  shall  before  such 
meeting  prepare  a  list  of  voters  in  said  town  of  Avon, 
qualified  to  vote  at  said  meeting,  and  shall  deliver  the 
same  to  the  person  presiding  at  such  meeting  before  the 
moderator  thereof  is  chosen. 

Section  9.     This  act  shall  take  eflect  upon  its  passage. 

Ajjproved  February  21,  1888. 

An  Act  making  an  appropriation  for  continuing  the  prepara-  njjf^^    A<i 

TION     FOR     PUBLICATION     AND     FOR     THE     PUBLICATION     OF     THE 
PROVINCIAL   LAWS. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth,   from    the    ordinary   revenue,   for    the    purpose 


46  1888.  —  Chapters  49,  50,  51. 

of  continuing  the  preparation  for  publication  and  for  the 
publication  of  the  provincial  laws,  during  the  year  eight- 
een hundred  and  eighty-eight,  to  wit :  — 
ttie^provinciaf         ^^^'   ^^^^    purpose    of  Continuing   the    preparation    for 
iaw8.  publication  and  for  the  publication  of  the  provincial  laws, 

as  provided  for  in  chapter  forty-three  of  the  resolves  of 
the  year  eighteen  hundred  and  sixty-five,  but  subject  to 
the  provisions  and  limitations  eni])raced  in  chapter  fifty-six 
of  the  resolves  of  the  year  eighteen  hundred  and  eighty- 
four,  a  sum  not  exceeding  ten  thousand  seven  hundred 
and  twenty-five  dollars. 

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

Approved  J^'ehruary  21,  18S8. 

Chap.  49  An  Act  relating  to  sentences  of  imprisonment  in  the  Massa- 
chusetts REFORMATORY. 

Be  it  enacted,  etc.,  as  foHoivs : 

Person  above  Sectiox  1 .     Xo  pcrsou  shall  be  Sentenced  to  imprison- 

foity  years  not  •         i        -« r  i  /•  i        •         i  /• 

to  be  sentenced  mcnt  lu  the  Massacliusetts  retormator}^  who  is  above  torty 

to  reformatory.  « 

years  ot  age. 
Sentences  to  SECTION  2.    No  pci'sou  sliall  be  Sentenced  to  imvn-ison- 

reformatory.  ..,,,'■  i         i  i  •  i 

ment  m  said  retormatory  who  has  been  previoush'  sen- 
tenced more  than  three  times  for  a  penal  oftence,  whether 
to  fine  or  imprisonment.        Approved  February  21,  1888. 

ChClV.     50  -^  ^^"^  '"'^   ESTABLISH   THE   SALARY   OF  THE   JUSTICE   OF   THE   CEN- 
TRAL  DISTRICT   COURT   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows : 
Salary  of  jus-  Section  1.     Tlic   Salary  of  the  iustice   of  the  Central 

district  court  of  Worcester  shall  be  three  thousand  dol- 
lars per  annum,  beginning  January  first,  eighteen  hun- 
dred and  eighty-eight. 

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

Aptproved  February  21,  1888. 

Chap.  51  ^  Act  to  AMEND  SECTION  THREE  OF  CHAPTER  ONE  HUNDRED 
AND  SIXTEEN  OF  THE  PUBLIC  STATUTES  RELATING  TO  THE  AN- 
NUAL  EXAMINATION   OF   SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  folloivs : 
Examination  of       Section  1 .     Scctiou  three  of  chapter  one  hundred  and 

institution  when      ,  <■    ^i  -ri     i  t        »•  •      i  i  t      t   i         • 

connected  with    sixtecii  ot  the   1  uolic   Statutes  IS  hereby  amended  by  lu- 

.  ggj^j^jg  after  the  word  "  Commonwealth",  in  line  three, 

the  words  :  —  and  when  such   institutions  are   connected 


18S8.  — Chapters  52,  53.  47 

Avitli  a  national  l)ank  the}'  shall  make  such  arrangements 
with  the  national  l^ank  examiner,  if  possible,  that  their 
visits  shall  be  simultaneous,  —  so  that  as  amended  the 
first  sentence  of  said  section  shall  read  as  follows  :  —  The 
commissioners  shall  visit  once  in  every  year,  and  as  much 
oftener  as  they  deem  expedient,  every  savings  bank  and 
institution  for  savings  incorporated  by  authority  of  this 
Commonwealth,  and  when  such  institutions  are  connected 
with  a  national  bank  they  shall  make  such  arrangements 
with  the  national  bank  examiner,  if  possible,  that  their 
visits  shall  be  simultaneous. 

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

A^yproved  February  21,  1S8S. 

An  Act  to  ixcorporate  the  ludlow  savings  bank,  in  the  njiQj)    Q2i 

TOWN   of  LUDLOW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  George  A.  Birnie,  James  W.  Hannum,  Ludiow  savings 
Marquis  D.  L.  Towne,  James  Henderson,  F.  AV.  Sturgis,  ratedV"''^^^" 
John  E.  Stevens  and  Charles  W.  Hubbard,  their  asso- 
ciates and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  Ludlow  Savings  Bank,  with  authority  to 
establish  and  maintain  a  savings  bank  in  the  town  of  Lud- 
low, with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions  set  forth  in  all  laws 
which  now  are  or  may  hereafter  be  in  force  relating  to 
savings  banks  and  institutions  for  savings. 

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

Approved  February  23,  1888. 

An   Act   to   authorize  savings  banks   and  institutions  for  Qfidrf.   53 

SAVINGS   TO   invest    IN    THE    BONDS    AND    NOTES   OF   THE    BOSTON 
AND   LOWELL   RAILROAD   CORPORATION, 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Savings  banks    and   institutions  for  sav-  May  invest  in 
ings  may,  subject  to  the  provisions  of  article  three  of  sec-  the  Boston W 
tion  twenty  of  chapter  one  hundred  and   sixteen  of  the  conwration'.'*'' 
Public   Statutes,  invest  in  or  make  loans  upon  the  bonds 
and  notes  of  the  Boston  and  Lowell  Railroad  Corporation 
issued  according  to   law,  notwithstanding  the  mortgages 
on  those  portions  of  its  railroad  formerly  belonging  to  the 
Salem  and  Lowell  Railroad  Company  and  the  Lowell  and 
Lawrence  Railroad  Company. 

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

Approved  February  23,  1888. 


48  1888.  —  Chapters  54,  55,  5G,  57. 


Chan.  54  ^  ^^'^  '^^  establish  the  salary  of  the  clerk  of  the  dis- 
trict COURT  OF  east  NORFOLK. 

Be  it  enacted,  etc. ,  as  follows : 
Salary  of  clerk.       Sectiox  1.     The  clerk  of  the  district  court  of  east 
Norfolk  shall  receive  an  annual  salary  of  seven  hundred 
dollars  from  and  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  eighty-eight. 

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

Ajyj^roved  February  23,  1888. 

Chap.  55  Ax  Act  to  establish  the  salary  of  the  clerk  of  the  police 

COURT   OF   HAVERHILL. 

Be  it  enacted,  etc.,  as  folloios : 
Salary  of  clerk.       Section  1.     The  auHual    sahiiy    of  the    clerk    of  the 
police  court  of  Haverhill   shall   be  one  thousand  dollars 
commencing  with  the  first  day  of  January  in  the   year 
eighteen  hundred  and  eight^'-eight. 

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

Approved  February  27,  1888. 

Chap.  5Q  An  Act  to  change  the  name  of  the  parish  of  st.  anne's  in 

THE  TOWN   OF   CHELMSFORD. 

Be  it  enacted,  etc.,  as  follows  : 
Name  changed.       Section  1.     The  Parisli  of  St.  Auue's  in  the  town  of 
Chelmsford,  a  religious  society  incorporated  under  the 
general  laws  of  the  Commonwealth,   shall    hereafter   be 
known  as  the  Parish  of  All  Saints. 

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

Approved  February  27,  1888. 

Chap.  57  An  Act  to  authorize  the  city  of  taunton  to  raise  money 

FOR   the    celebration    OF    THE    TWO    HUNDRED     AND    FIFTIETH 
ANNIVERSARY   OF  ITS   SETTLEMENT   AS   A  TOWN. 

Be  it  enacted,  etc. ,  as  follows : 

mone'^'''r  taxa  Section  1 .  The  city  of  Tauutou  is  authorized  to  raise 
tion  for  ceie-  by  taxation  an  amount  of  money  not  exceeding  fiA^e  thou- 
anniver°ary  of    saud  dolUirs  for  tlic  purposc  of  Celebrating  in  the  month  of 


settlement  as  a 
town. 


June  of  the  year  eighteen  hundred  and  eighty-nine,  the 
two  hundred  and  fiftieth  anniversary  of  its  settlement  as 
a  town,  and  of  publishing  an  account  of  the  proceedings 
of  such  celebration. 

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

Approved  February  27,  1888. 


18S8.— Chaptees  58,  59,  60.  40 

An  Act  to  increase   the   number  of  associate  justices  of  CJ,((p,   53 

THE    SUPERIOR    COURT. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  number  of  associate  justices  of  the  ^: -;^';- ;;*;'-- 
superior  court  shall  be  thirteen  instead  of  eleven  as  now  wMne..u. 

provided  by  law. 

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

Approved  February  27,  1888. 

A^TacT^TO^CLUDE  the   town   of   WILMINGTON   WITHIN    THE  JU-   C/lUp.     59 
DICIAL    DISTRICT    OF    THE    FOURTH    DISTRICT   COURT    OF   EASTERN 
MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Wilmington  shall  not  here-  ^vii'ningtoa 
after  be  included  in  the  judicial  district  of  the  lirst  dis-  ^^^^^ 
trict  court  of  eastern  Middlesex,  but  is  hereby  annexed  uictcounof 
to  and  made  a  part  of  the  judicial   district  under  the --- ^.a-ne- 
iurisdiction  of  the  fourth  district  court  ot  eastern  Mid- 
dlesex •  provided,  however,  that  nothing  in  this  act  shall 
affect  any  suit  or  other  proceedings  begun  and  pending 
at  the  time  of  its  taking  effect.  „     f.    ^  i 

Section  2.    This  act  shall  take  effect  upon  the  hrst  day 
of  July  in  the  year  eighteen  hundred  and  eighty-eight. 

Approved  February  27,  1888. 


XirAcTTROVIDING    FOR    A    CLERK    FOR     THE     POLICE     COURT    OF   (JllCip.     GO 

BROOKLINE. 

Be  it  enacted,  etc.,  as  folloius  : 

Section  1.  There  shall  be  a  clerk  of  the  police  court  ^i^Sf,:i" '^^ '»■'- 
of  ^Brookline,  w^ho  shall  be  appointed  in  accordance  with 
the  provisions  of  law  relating  to  the  appointment  of  clerks 
of  police  and  district  courts,  and  who  shall  enter  upon 
the  discharac  of  his  duties  on  the  first  day  of  March  m 
the  year  eighteen  hundred  and  eighty-eight. 

SectionI^.    Said  clerk  shall  receive  from  the  county  of  smary. 
Norfolk  an  annual  salary  of  five  hundred  dollars. 

^F^TTON  3       Said  clerk  shall  be  subject  to  all  the  pro-  subject  to 

OECilUA    o.        K^«"  f  !•  1      1*    4-..;,,^-  provisions  of 

visions  of  law  applicable  to  clerks  of  police   and  distiict  „,v. 

courts. 

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

Approved  February  27,  1888. 


50 


1888.  — Chapter  61. 


Ooipoiators. 


1*0  vers  .ind  lia- 
bliljee. 


M^y  piiri-hapo, 
sell,  etc.,  real 
estate. 


C.ipilal  stock 
and  shares. 


(JJiap.     61   ^^   -"^CT   TO   INCOKPOU.VTE   THE   CHESTXUT   HILL  REAL  ESTATE  ASSO- 
CIATION  OF   MARLBOROUGH. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.  Thomas  Rice,  Samuel  Boyd,  Samuel  C. 
Darling  and  Heniy  INIorse,  their  associates  and  successors, 
are  here])y  made  a  corporation  for  the  term  of  thirty  years 
from  the  date  of  the  passage  of  this  act,  by  the  name  of 
the  Chestnut  Hill  Real  Estate  Association  of  Marlborough, 
subject  to  the  ])rovisions  of  chapter  one  hundred  and  tive 
of  the  Public  Statutes  and  to  all  general  corporation  laws 
which  now  are  or  hereafter  may  be  in  force  relating  to 
such  corporations,  and  shall  have  the  powers  and  be 
subject  to  the  liabilities  and  restrictions  prescribed 
therein. 

Section  2,  The  said  corporation  shall  have  power 
to  purchase,  sell,  mortgage,  lease,  real  estate,  and  to 
improve  the  same  by  the  erection  of  dwelling  houses 
and  other  buildings  thereon  or  otherwise  as  may  be 
expedient. 

Section  3,  The  capital  stock  of  said  corporation  shall 
be  fifty  thousand  dollars  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  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  [)roperty,  if  an}^,  shall  be  determined  Ity 
the  commissioner  of  corporations. 

Section  4.  The  said  corporation  may  from  time  to 
time  increase  its  capital  stock  in  amounts  not  to  exceed 
in  the  aggregate  the  further  sum  of  fifty  thousand  dollars, 
provided  that  no  shares  in  such  increased  capital  stock 
shall  be  issued  for  a  less  sum  to  be  actually  paid  in  on 
each  share,  in  cash  or  property,  than  the  par  value 
thereof,  which  shall  not  be  less  than  one  hundred  dollars, 
the  value  of  said  property  to  be  determined  as  aforesaid ; 
and  also  provided  that  a  certificate  stating  the  amount  of 
any  such  increase  shall  within  ten  days  thereafter  be 
made,  signed  and  sworn  to  by  its  president,  treasurer 
and  a  majority  of  its  directors,  and  be  filed  in  the  office 
of  the  secretary  of  the  Commonwealth. 

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

Approved  February  27,  1888. 


Mav  increase 
capital  stock 
friiin  time  to 
time. 


Certificate  of  in- 
crease to  be  tiled 
in  secretary's 
office. 


188S.  —  CiiAPTEKS  G2,  G3.  51 


An  Act  to  amend  an  act  to  incorporate  the  boston  tow  (7/?r?79.   62 

BOAT  company. 

Be  it  enacted^  etc.,  as  follows: 

Section  1 .  Section  two  of  chapter  twenty-seven  of  a^gj",^"^ 
the  acts  of  the  year  eighteen  hundred  and  seventy-three 
is  herel)y  amended  by  inserting  after  the  word  ' '  water- 
boats",  the  word: — vessels,  — and  by  striking  out  all  of 
said  section  after  the  word  "otherwise",  so  that  said 
section  as  amended  shall  read  as  follows  : —  Section  2. 
Said  corporation  may  build,  purchase,  charter,  hold  and 
convey  one  or  more  steam  tugs,  steam  water-boats, 
vessels  and  lighters,  and  all  materials  used  in  wrecking, 
and  may  emplo}^  and  let  the  same  by  charter  or  other- 
wise. 

Section  2.  Section  three  of  said  chapter  is  hereby  Reaiandper- 
amendcd  by  striking  out  the  word  "seventy-five",  and  ^°"'*  "^^ '*^'^' 
inserting  in  place  thereof  the  words  :  —  three  hundred, — 
so  that  as  amended  said  section  shall  read  as  follows  : — 
Section  3.  Said  corporation  may  hold  such  real  and 
personal  property  as  may  be  necessary  and  convenient 
for  the  purposes  named  in  the  second  section  :  jirovitled, 
that  the  value  of  real  estate  so  held  shall  not  exceed 
three  hundred  thousand  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  accept-  subject  to  ac 

>■  .  »■         ceptance  by 

ance  by  a  vote  of  stockholders  representing  two-thirds  of  stockholders. 
the  shares  of  stock  in  said  corporation  at  its  annual  meet- 
ing or  at  a  special  meeting  duly  called  and  notified  for 
that  purpose.  Approved  February  27,  1888. 

An  Act  to  amend  section  three  of  chapter  thirty-two  of  z^/,^^,    AQ 

THE   public    statutes    RELATING   TO   THE    FURNISHING,    BY   PHY-  "^ 

SICIANS,   OF   CERTIFICATES   OF   DEATH. 

Be  it  enacted,  etc.,  as  follotvs  : 

Section  1.     Section  three  of  chapter  thirty-two  of  the  certificates  of 
Public  Statutes  is  hereby  amended  by  striking  out  after  brphysidan^e''' 
the  words  "  when  requested"  in  the  second  line  thereof, 
the  words  "  within  fifteen  days  after  the  decease  of  such 
person  ". 

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

Approved  February  27,  1888. 


52 


1888.  —  Chapters  64,  65,  6G. 


May  chango 
name  of  town. 


One  of  five 
names  to  be 
determined  by 
the  voters. 


Chap.     G4   ^"^  -'^CT  TO    AUTHORIZE   THE  TOWN   OF  SOUTH  SCITUATE  TO  CHANGE 

ITS  NAME.* 

Be  it  enacted,  etc  ,  as  follows: 

Section  1.  The  town  of  South  Scituate  may  take  the 
name  of  Norwell,  Standish,  Deane,  Gushing  or  Hatherly. 

Section  2.  A  meeting  of  the  voters  of  said  town  shall 
be  held  on  the  first  ^Nlondaj"  of  ]\Iarch  of  the  current  year 
for  the  purpose  of  determining  which  of  said  five  names 
shall  be  the  name  of  said  town.  The  voting  shall  be  by 
ballot  and  each  voter  may  vote  for  one  of  said  names  only, 
and  any  ballot  having  thereon  any  other  name  or  more 
than  one  of  said  names  shall  not  he  counted.  The  polls 
shall  be  opened  at  ten  o'clock  in  the  forenoon  of  such  day 
and  shall  be  kept  open  for  two  hours,  and  as  much  longer 
as  a  majority  of  the  voters  present  shall  determine. 

Section  3.  It  shall  be  the  duty  of  the  selectmen  of 
said  town  to  certify  and  return  as  soon  as  may  be  the 
number  of  ballots  in  favor  of  each  of  said  five  names  to 
the  secretary  of  the  Commonwealth,  who  shall  immediately 
issue  and  publish  his  certificate  declaring  the  name  which 
shall  be  found  to  have  the  most  ballots  in  its  favor,  to 
have  been  adopted  by  said  town,  and  the  same  shall  there- 
upon become  and  be  the  name  of  said  town. 

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

Approved  February  27,  1888. 


Selectmen  to 
certify  to  the 
secretary  the 
result  o!  the 
balloting. 
Secretary  to 
p;iblish  his  cer- 
tificate of  name 
adopted. 


Chap.    65    ^^   ^^'^  '^^  ESTABLISH   THE   SALARIES  OF   THE  COUNTY  COMMISSION- 
ERS  OF   FRANKLIN   COUNTY. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  The  salaries  of  the  county  commissioners 
of  Franklin  County  shall  be  sixteen  hundred  dollars  per 
annum. 

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

Approved  February  29,  1888. 


Salaries 
established. 


ChaV      66  ^  ^^^  ^^  EXTEND  THE  CHARTER  OF  THE  NAHANT  LAND  COMPANY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  \ahant  Land  Company  shall  ])e  and 
remain  a  corporation  for  a  further  term  of  fifteen  years 
after  the  exjiiration  of  its  present  charter,  and  shall,  dur- 
ing said  further  term,  have  the  powers  and  privileges  and 


Charter 
extended 


[•  Name  of  Norwell  adopted  March  5,  1888.] 


1S88.  —  Chapters  67,  68.  53 

be  subject  to  the  duties,  liabilities  and  restrictions  set 
forth  in  its  charter  and  in  the  general  laws  which  are  or 
may  be  in  force  relating  to  such  corporations. 

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

Aj)proved  February  29,  1888. 


Chap.  67 


wances  to 
Ivent 


An  Act  to  amend  section  ninety-nine  of  chaptek  one  hun- 
dred AND  fifty-seven  OF  THE  PUBLIC  STATUTES,  RELATING  TO 
ALLOWANCES   TO   INSOLVENT   DEBTORS. 

Be  it  enacted,  etc.,  as  foHoivs : 

Section  1.  Section  ninety-nine  of  chapter  one  hun-  aho 
dred  :ind  fifty-seven  of  the  Public  Statutes  is  hereby  dlbtow" 
amended  by  adding  at  the  end  thereof  the  following  :  —  In 
case  of  the  absence  of  the  delator  or  his  failure  for  any 
cause  to  apply  for  the  above  allowances  or  either  of  them, 
the  judge  may,  in  his  discretion,  in  place  thereof,  make 
allowances  of  the  same  amounts  to  the  wife,  or  any  minor 
child  or  children  of  the  del)tor. 

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

Ajyproved  February  29,  1888. 

An  Act  TO  amend  an  act  to  authorize  the  Connecticut  river  niinn    gg 

RAILROAD   COMPANY  TO  UNITE  AND  CONSOLIDATE  WITH  THE  ASH-  ' 

UELOT   RAILROAD   COMPANY   OF  NEW   HAMPSHIRE. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Section  one  of  chapter  sixteen  of  the  acts  connecticm 
of  the  year  eighteen  hundred  and  eighty-six  is  hereby  may'conRoii'dMte 
amended  by  adding  thereto  the  words  :  —  and  said  Con-  lot'lUuroad''"*^ 
necticut  River  Railroad  Company  for  the  purpose  of  mak- 
ing such  purchase  may  exchange  its  stock  for  the  stock  of 
the  said  Ashuelot  Raih'oad  Company,  upon  such  terms  as 
may  be  mutually  agreed  upon. 

Section  2  Section  two  of  said  chapter  is  hereby  capital  stock 
amended  by  striking  out  after  the  words  "  capital  stock"  ^"'' ^^'''^^^• 
in  the  second  line  thereof  the  words  ' '  three  hundred  thou- 
sand dollars "  and  inserting  in  the  place  thereof  the 
w^ords  :  —  by  issuing  three  thousand  shares  of  stock,  of  a 
par  value  of  one  hundred  dollars  each,  and  so  much 
thereof  as  is  not  used  for  the  purchase  of  the  stock  of  the 
Ashuelot  Railroad  Company,  as  hereinbefore  ]^rovided, 
shall  be  disposed  of  in  the  manner  })rovided  by  the  Public 
Statutes. 

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

Approved  February  29,  1888. 


5i  1888.  —  Chapters  69,  70. 


Chap.     69   ^^   ^CT   CONCERNING    ADMISSIONS   TO   THE    ASYLUM   FOK   INSANE   AT 

TEAYKSBUET. 

Be  it  enacted,  etc.,  as  follows  : 

a'syul'm  for* '°         The  warcl  of  the  state  ahushouse  heretofore  known  as 
insane  at  the  asvlum  for  insane  at  Tewksbury  and  comprising  the 

building  and  the  addition  to  the  same,  erected  for  the 
harmless  and  incurable  insane  under  the  provisions  of 
chapter  eighty  of  the  resolves  of  eighteen  hundred  and 
sixty-four  and  of  chapter  seventy-seven  of  the  resolves  of 
eighteen  hundred  and  seventy-one,  shall  be  continued  as 
heretofore  a  ward  of  said  almshouse,  except  that  the  state 
board  of  lunacy  and  charity  may  transfer  any  pauper 
lunatic  from  a  state  charitable  institution  or  lunatic  hospi- 
tal directly  to  said  asylum,  when  the  public  interest  re- 
price for  sup-  quires  such  transfer:  j)rovided,  that  the  price  for  the 
lunatics. *"^^'  support,  iu  tlic  statc  almshouse  and  state  farm,  of  city 
and  town  paupers  shall  not  exceed  two  dollars  and  eighty 
cents  a  week  for  each  person. 

Aj)proved  February  29,  1888. 


Chan.     70  ^    ^CT    RELATING   TO   THE    BOARD   OF    REGISTRARS   OF    VOTERS   IN 

THE   CITY   OF   CAMBRIDGE.  * 

Be  it  enacted,  etc.,  asfolloivs: 

llTrl'^iVolirl'  Section  1.  In  the  month  of  March  or  April  of  the 
to  be  appointed,  present  year  the  mayor  of  the  city  of  Cambridge,  in  the 
manner  provided  by  section  fourteen  of  chapter  two  hun- 
dred and  ninety-eight  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  shall  appoint  two  able  and  dis- 
creet persons,  qualified  voters  in  said  city,  who  shall  hold 
no  other  office  nor  position  by  election  or  appointment  in 
said  city,  to  be  members  of  the  board  of  registrars  of 
voters  of  said  city.  One  of  the  registrars  so  appointed 
shall  hold  his  office  until  the  first  day  of  May  in  the  year 
eighteen  hundred  and  ninety-one,  and  the  other  until  the 
first  day  of  ^Nlay  in  the  year  eighteen  hundred  and  ninety- 
two  ;  and  in  the  same  manner  provided  by  said  section 
fourteen  of  chapter  two  hundred  and  ninety-eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four,  the 
mayor  of  said  city  shall  in  the  month  of  March  or  April 
in  the  year  eighteen  hundred  and  eighty-nine  and  in  each 
year  thereafter  appoint  one  person  qualified  as  aforesaid, 
to  be  a  registrar  of  voters  for  the  term  of  four  years  from 
the  first  day  of  May  then  next  ensuing,  and  until  another 


1888.  —  Chapters  71,  72.  r)5 

is  appointed  in  his  place  ;  and  the  city  clerk  of  said  city 
shall  cease  to  be  a  member  of  the  board  of  registrars  of 
voters  on  and  after  the  first  day  of  May  in  the  jjresent  year. 

Section  2.     Durinsf  the  month  of  May  in  each  year  to  elect  one  of 

,    ,      ,,  ,1  V        •  •      1  j^    '^  •  T   ^  If  their  number  lo 

and  before  any  other  biismess  is  transacted  said  board  or  actuscierk. 
reiristrars  shall  choose  one  of  their  number  to  be  and  act 
asderk,  who  shall  keep  a  full  and  complete  record  of  its 
proceedings  and  perform  all  acts  heretofore  required  by 
law  of  the  city  clerk  acting  as  clerk  of  the  board  of  regis- 
trars of  voters  in  said  city. 

Section  3,  Except  as  herein  provided,  the  board  of  i'"""'''"- 
registrars  of  voters  of  the  city  of  Cambridge  shall  do  and 
|)erform  all  things  required  of  registrars  of  voters  of  cities 
by  said  chapter  two  hundred  and  ninety-eight  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-four  and  l)y  all 
acts  and  parts  of  acts  in  addition  thereto  or  in  amendment 
thereof,  and  shall  receive  the  same  compensation  and  shall 
equally  represent  the  two  political  parties,  as  provided  in 
said  chapter. 

Section  4.     All  acts    and  parts  of  acts    inconsistent  Repeal. 
herewith  are  hereby  repealed. 

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

Approved  February  29,  1888. 

An  Act  to  authorize  the  trustees  of  saint  mark's  school  Q/fcip.   71 

TO   HOLD   additional   REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  Saint  Mark's  School  are  iieaiandper- 
hereby  authorized  to  hold  real  and  personal  estate  to  the  noito'eVceQ^ 
amount  of  three  hundred  thousand  dollars.  ^^^^' 

Section  2.     The  limitations,  fixed  by  section  three  of  ^^p"^'- 
chapter  one  hundred  and  six  of  the  acts  of  the  year  eight- 
een hundred  and    sixty-five,  to  the  amount  of  real  and 
personal  estate  that  may  be  held  by  said  trustees,  are 
hereby  repealed. 

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

Approved  February  29,  1888. 

An  Act  to  authorize  the  Massachusetts  institute  of  tech-  (JJ^cip.   72 

NOLOGY  to   hold   ADDITIONAL  REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     Section  one  of  chapter  two  hundred  and  ^n7p'^°!.opai'' 
twenty  of  the  acts  of  the  year  eighteen  hundred  and  sixty-  ^^,'o^u„'°of  ^hioh 
five  is  hereby  amended  to  read  as  follows  : — The  Massa-  the  dear  annual 

-r  .  n    rr\       1  ^  '1  1  j  ^         '         1     J.       iiiconie  shall  be 

chusetts  Institute  or  Technology  is  hereby  authorized  to  $100,000. 


56  1888.  — Chapters  73,  74,  75. 

hold  real  and  personal  estate  to  an  amount  of  which  the 
clear  annual  income  shall  l)e  one  hundred  thousand  dollars 
to  he  devoted  exclusively  to  the  purposes  and  ol))ects  set 
forth  in  its  act  of  incorporation  and  all  acts  in  addition 
thereto. 

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

Approved  February  29,  1888. 


Chop.     73   ^^    ^CT    TO     AUTIIORIZE     THE     CITY     OP     CAMBKIDGE     TO     BOKROW 
MONEY    IN    EXCESS    OF    THE    LIMIT    ALLOWED    BY    LAW. 

Be  it  enacted,  etc. ,  as  follows  : 

moLy°re!Jc.««  .    Sectiox  1.     The  citj  of  Cambridge,  in  order  to  defray 
of  the  limii  ai-     its  sharc  of  the  cost  of  buildiuii:  the  bridire  over  Charles 

lowed  by  law.  .  i         •        i  i  •        4     i  i 

river,  authorized  and  required  by  chapter  two  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven,  is  authorized  to  raise  not  exceeding 
two  hundred  thousand  dollars,  ))y  loan,  in  excess  of  the 
limit  allowed  by  law. 

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

Approved  February  29,  1888. 


Chap.     74  ^^   -^<^'T   '^O   AUTHORIZE   THE    BOSTON    LYING-IN    HOSPITAL  TO   HOLD 
ADDITIONAL  REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

S'nai'l^tufto         Section  1.     The  Boston  Lying-in  Hospital  is  hereby 
L^cnn':!).'^'""  °'     authorized  to  hold  real  and  i)ersonal  estate  to  the  amount 

$500,000.  .•  /^  1  111  1111 

or  nve  hundred  thousand  dollars, 
^^''f**'"'-  Section  2.     The  limitations,  fixed  by  section  three  of 

chapter  twenty-one  of  the  acts  of  the  year  eighteen  hun- 
dred and  thirty-two,  to  the  amount  of  real  and  personal 
estate  that  may  be  held  by  said  corporation,  are  hereby 
repealed. 

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

A2')proved  February  29,  1888. 

Chap.   75  An  Act  to  change  the   name  of  the    second  univeusalist 

SOCIETY    IN    LOWELL. 

Be  it  enacted,  etc.,  as  follows: 
Name  changed.  Sectiox  1.  Thc  name  of  the  religious  society  known 
as  the  Second  Universalist  Society  in  Lowell,  a  corpora- 
tion organized  under  the  laws  of  this  Commonwealth  on 
the  twenty-sixth  day  of  September  in  the  year  eighteen 
hundred    and    seventy,    is   changed  to,    and    shall    here- 


1888.  —  Chapters  70,  77.  57 

after   be,    The   Sliattuck   Street  Uiiiversalist  Society   in 
Lowell. 

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

Approved  February  29,  1S88. 

An  Act  to  autik)kize  the  middleborougii  fire  district  to  (JJ^qj)^  7(3 
make  an  additional  water  loan. 

Be  it  enacted.,  etc.,  as  folloics: 

Sectiox  1.     The  Middleborougii  fire  district,  for  the  May  make  an 

,  .  T    .  . .  J       '"     n     ^         1         n  I',  •  i'  addiiioual  water 

purposes  mentioned  in  section  ten  oi  chapter  nfty-nine  of  loan. 
the  acts  of  the  year  eighteen  hundred  and  eighty-four, 
may  issue  bonds,  notes,  or  certificates  of  del)t,  to  be  de- 
iioniinated  on  the  face  thereof  the  Middleborough  Fire 
Di:?trict  Water  Loan,  to  an  amount  not  exceeding  twenty- 
five  thousand  dollars,  in  addition  to  the  amount  hereto- 
fore authorized  l)y  law  to  be  issued  by  said  fire  district 
for  tlie  same  purposes  ;   said  bonds,  notes,  or  certificates 
of  debt  shall  l)e  issued  upon  the  same  terms  and  condi- 
tions, and  Vt'ith  the  same  powers  as  are  provided  in  said 
chapter  fifty-nine  for  the  issue  of  the  Middleborough  fire 
district  water  loan,  by  said  district:  provided,  that  the  AVhoie amount 
whole  amount  of  such  bonds,  notes,  or  certificates  of  debt  not  to  exceed' 
issued  by  said  fire  district  for  the  same  purposes  shall  not  *^'^''''^'"^- 
in  any  event  exceed  the  amount  of  one  hundred  thousand 
dollars  ;    and  ^)/-ov«cZecZ,  cdso,  that  the  whole  amount  of  P'"°"«°- 
such  bonds,  notes,  or  certificates  of  del)t  outstanding  at 
any  time,  less  such  amount  as  may  be  held  in  the  sinking 
fund  for  their  redem})tion,  shall  not  exceed  the  amount  of 
seventy-five  thousand  dollars. 

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

Approved  February  29,  1888. 


An  Act  to  amend  the  charter  of  the  Massachusetts  col-  QJiap,  77 

LEGE   OF   pharmacy. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Section   three  of  chapter  ninety-three  of  charter 

l^  I'     ^  •    1  111  1     <^  I-  ameudea. 

the  acts  of  the  year  eighteen  liundred   and  fifty-two,  as 

amended  by  chapter  fifteen  of  the  acts  of  the  year  eighteen 

hundred  and  eighty-one,  is  hereby  further  amended,  so 

that  it  shall  reaTl  as  follows  :  —  Section  3.     At  the  stated  fe'eT"°" ''^ '"""' 

annual  meeting  on  the  first  Monday  in  June  in  the  year 

one  thousand  eight  hundred  and  eighty-eight  there  shall 

be  elected  by  ballot  fifteen  trustees,  three  of  whom  shall 


58 


1888.  —  Chapter  78. 


To  hold  office 
until  siiccussors 
are  elected. 


Officers  of  the 
college. 


be  chosen  to  serve  for  the  term  of  one  year,  three  for  the 
term  of  two  years,  three  for  the  term  of  three  years,  three 
for  the  term  of  four  years  and  three  for  the  term  of  live 
years  ;  after  which,  at  each  succeeding  annual  meetinn;  on 
the  first  Monday  in  June,  there  shall  be  elected  by  ballot 
three  members  of  the  board  of  trustees,  to  serve  for  the 
term  of  five  years.  The  said  trustees  shall  hold  their 
ofiices  until  their  successors  are  chosen  in  their  stead,  and 
any  vacancy  occurring  in  the  board  of  trustees  shall  be 
filled  at  the  next  stated  meeting  of  the  college,  or  by 
special  meeting  duly  called  for  such  purpose.  The  board 
of  trustees  shall  convene  each  year  during  the  week  imme- 
diately following  the  annual  meeting  of  said  college  and 
shall  elect  by  ballot,  from  among  their  number,  as  officers 
of  the  college,  a  president,  two  vice-presidents,  a  secre- 
tary, a  treasurer  and  an  auditor,  whose  respective  duties 
may  be  assigned  by  the  by-laws,  and  who  shall  hold  their 
ofiices  until  their  successors  are  chosen.  The  president 
and  secretary  so  elected  shall  be  respectively  chairman  and 
secretary  of  the  board  of  trustees.  The  secretary  of 
said  board  shall  keep  a  correct  record  of  its  proceedings. 
Said  board  ma}'  make  such  rules  and  regulations  and  do 
such  other  things  necessary  for  the  support  and  govern- 
ment of  the  college  of  pharmacy  as .  they  may  deem  fit 
and  proper,  and  perform  such  duties  as  are  or  may  be 
from  time  to  time  committed  to  them  by  said  college  ; 
their  acts,  however,  to  be  submitted  to  the  college  for 
revision  at  each  stated  meeting  of  the  college. 

Section  2.     This  act  shall  take  efl^ect  upon  its  passage. 

Approved  March  1,  1888. 

Chap.     78   ■^'■'^   ^CT   COXCERNING   THE  SALARY  OF  THE  LATE  BEXJAMIX  CUSIHNG, 
A   PRINCIPAL   ASSESSOR   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted^  etc.,  as  folloivs : 

Section  1.  The  city  council  of  the  city  of  Boston  is 
authorized  to  pay  to  the  widow  of  Benjamin  Cushing  late 
principal  assessor  of  said  city  the  salary  that  Avould  have 
been  payable  to  him  as  such  ofiicer  for  the  l>alance  of  the 
year  ending  April  thirtieth,  eighteen  hundred  and  eighty- 
eight,  and  to  which  he  would  have  been  entitled  had  he 
lived  and  continued  to  hold  such  office  during  the  remain- 
der of  said  year  ;  but  no  part  thereof  shall  be  paid  by  the 
Commonwealth. 

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

Approved  March  6,  1888. 


Trustees  to 
make  rules  and 
regulations. 


City  may  pay 
salary  for  re- 
mainder of  the 
year  to  widow 
of  the  late 
Benjamin 
Gushing.  | 


1888.  —  Chapter  79.  59 


An  Act  to  supply  the  town  of  bkookfield  with  pure  water,  nhnrf.    yc) 
Be  it  enacted^  etc.,  as  foUoios: 

Section  1.     The  town  of  Brookfield  may  supply  itself  J^'r^'fownT'^ 
and  its  inhabitants  with  water  for  the  extinonishment  of  Brookticid. 
fires  and  for  domestic  and  other  purposes  ;  may  estal)lish 
fountains  and  hydrants,  relocate  and  discontinue  the  same  ; 
may  regulate  the  use  of  such  water,  and  lix  and  collect 
rates  to  be  paid  for  the  use  of  the  same. 

Section  2.     The  said  town  for  the  ])urposes  aforesaid,  May  take  water 

.     .  i         i  '    from  springs 

and  for  the  purpose  of  ol)tainmo;  a  supply  of  water,  may  connected  with 

,  1       ^         ^  T  ^1         /•  ^1  •  1  .  land  pnrchased 

draw   and  convey   directly  trom   the  sprmirs  and  water  from  Albert  c. 
sources  connected  with  the  land  purchased  by  said  town  ^'"'"^' 
from  Albert  C.  King,  and  situated  in  the  northerly  part 
of  said  town  and  from  any  lands  contiguous  thereto  ;  and 
it  may  take  by  purchase,  or  otherwise,  and  hold  any  water 
rights  connected  with   said  lands  and   any  springs    and 
streams  percolating  or  running  through  the  same,  and  the 
water  of  any  ponds  or  Avater  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  May  take  lands, 
in  said   town  of  Brooktield  and  in  the  town   of  North  fi^d  am?North 
Brookfield,   possession    of  which  may  be    necessary  for  i^'ooi^fieid. 
holding  and  preserving  such  water  and  for  conveying  the 
same  to  any  part  of  said  town  of  Brookfield;  and  may  May  erect  dams 
erect  upon  the  land  thus  taken  or  held  proper  dams,  build-  ^""^  i^u'Wings. 
ings,  fixtures  and  other  structures,  and  may  make  excava- 
tions, procure  and  operate  machinery,  and  provide  such 
other  means  and  appliances  as  may  be  necessary  for  the 
esta!)lishmcnt  and  maintenance  of  complete  and  eftective 
Avater  works  ;  and  may  construct  and  lay  down  conduits,  May  construct 
pipes   and  other  works  under  or  over  any  lands,  water  conduL'!"'^" 
courses,  railroads,    or  public  or  private  ways  and  along 
any  such  ways,  in  such  manner  as  when  completed  shall 
not  unnecessarily  obstruct  the  same  ;  and  for  the  [)urpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  town  may  dig  up,  raise  and  embank  any  such  May  dig  up  and 

.  "^  .       ~        ^  •^  embank  lands 

lands  or  ways  in  such  manner  as  to   cause  the  least  hin-  aud  ways. 
derance  to  public  travel  and  convenience. 

Skction  3.     The  said  town  shall  within  ninety  days  To  cause  to  be 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  reai'8t!y'l)f  deeds 
water  sources  or  easements  as  aforesaid,  otherwise  than  by  fheTandritc!°* 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of  '^'''^°- 


60  1888.  — Chapter  79. 

deeds  for  the  Worcester  district  of  the  county  of  Worces- 
ter a  description  thereof  sufficiently  accurate  for  identi- 
fication, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  tlie  water  commissioners 
hereinafter  provided  for. 
paid  by  the  ^°  Segtiox  4.  The  said  town  shall  pay  all  damages  sus- 
town.  tained  by  any  person  or  corporation  in   property  by  the 

taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement  or  by  any  other  thing  done  by 
said  town  under  the  authority  of  this  act.  Any  person 
or  corporation  entitled  to  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  town  as  to  the  amount  of 
damages  sustained,  may  have  damages  assessed  and  deter- 
mined 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  two  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  any  other 
injury  under  the  authority  of  this  act ;  Init  no  such  appli- 
cation shall  he  made  after  the  exj)iration  of  said  two  years. 
No  application    ]s^q  application  for  assessment  of  damages  shall  be  made 

to  be  made  for       /•  i  i   •  /.  •     i  •     . 

damages  until     for  the  takuig  01  any  water,  w^ater  right,  or  any  injury 
ally  diverted,      tlicrcto,  uutll  the  watcr  is  actually  withdrawn  or  diverted 

by  said  town,  under  the  authority  of  this  act. 
Brookfieid  Section  5.     The  said  town  mav,  for  the   purpose  of 

Water  Loan  not  .  '',,.,.,..'^.^ 

to  exceed  paviniT   tlic    ncccssary  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-five  thousand  dollars ;  such  bonds,  notes 
and  scrip  shall  bear  on  their  face  the  words  Brookfieid 
Water  Loan  ;  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 
treasurer  of  the  town  of  Brookfieid  and  be  countersigned 

May  eoii  Becuri-  ])y  the  watcr  comiiiissioners  hereinafter  provided  for.    The 

ties  at  public  or       •'.  n  i  •    .  i  t 

private  sale.       said  towu  may  scll  sucli  securities  at  public  or  private 
sale,  or  pledge  the  same  for  money  borrowed  for  the  pur- 
poses of  this  act,  upon  such  terms  and  conditions  as  it 
may  deem  proper  :  provided,,  that  such  securities  shall  not 
be  sold  nor  pledged  at  less  than  the  par  value  thereof. 
May  provide  for      Section  6.     The  said  town  shall,  at  the  time  of  author- 
propoftionate     iziug  Said  loau,  proviclc  for  the  payment  thereof  in  such 
payments.         aiinual  proportionate  payments  as  will  extinguish  the  same 
within  the  time  prescribed  in  this  act ;  and  when  such 


1888.  —  Chapter  79.  61 

vote  has  been  passed  the  amount  required  shall,  without 
further  vote,  be  assessed  by  the  assessors  of  said  town, 
in  each  year  thereafter,  until  the  debt  incurred  by  said 
loan  shall  be  extinguished,  in  the  same  manner  as  other 
taxes  are  assessed,  under  the  provisions  of  section  thirty- 
four  of  chapter  eleven  of  the  Public  Statutes. 

Section  7.     The  return  required  by  section  ninety-one  Retn- of^.^^^ 
of  chapter  eleven  of  the  Public  Statutes  shall  state  wlietlier  for  the  current 
or  not  action  has  been  taken  in  accordance  with  the  pro-  J'^^"^- 
visions  of  the  preceding  section,  and  the  amount  raised 
and  applied  thereunder  for  the  current  year. 

Section  8.     The  said  town  shall  also  raise  annually  by  _T-a,^e^an„u.^ 
taxation  a  sum  which,  with  the  income  derived  from  the  ^^^^fov 
water  rates,  will  be  sufficient  to  pay  the  current  annual  pe„,e8  and 
expenses  of  operating  its  water  works,  and  the  interest  '^'^'^^''■ 
as  it  accrues  on  the  bonds,  notes  and  scrip  issued  as  afore- 
said by  said  town. 

Sec'tion  9.  AVhoever  wilfully  or  wantonly  corrupts,  ^e.aity fo.r ^^^_ 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  i;;|--nupt. 
this  act,  or  heretofore  acquired  by  said  town  for  a  water 
supply,  or  injures  any  structures,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  or  heretofore  acquired  by  said 
town  for  the  purpose  of  a  water  supply,  shall  forfeit  and 
pay  to  said  town  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  wilful  or  wan- 
ton acts  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  not  exceeding  one 

year.  . 

Sfction  10  The  said  town  shall,  after  its  acceptance  water  conrirais- 
of  this  act,  at  a  legal  meeting  called  for  the  purpose  elect  elected. 
by  ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years, 
and  one  until  the  expiration  of  one  year  from  the  next 
succeeding  annual  town  meeting,  to  constitute  a  board _  of 
water  commissioners,  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  town  by  this  act,  and  not  otherwise  specially  provided 
for,  shall  be  vested  in  said  board  of  water  commissioners, 
who  shall  also  have  the  same  power  and  authority  in 
regard  to  lands,  water  sources  and  structures  heretofore 
required  by  said  town,  for  the  purpose  of  water  supply ; 


62 


1888.  —  Chaptek  80. 


VacancieB. 


Subject  to  ac- 
ceptance by  a 
two-thirds  vote. 


Clwp. 


the  said  commissioners  shall  be  subject  however  to  such 
instructions,  rules  and  regulations  as  said  town  may 
impose  by  its  vote,  and  a  majority  of  said  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  said  board  from  any  cause  may 
be  tilled  for  the  remainder  of  the  unexpired  term  in  the 
manner  provided  by  section  twenty-two  of  chapter  forty- 
four  of  the  Public  Statutes  for  filling  vacancies  occurring 
in  school  committees. 

Section  11.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two-thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  any  annual  town  meeting 
within  four  j^ears  from  the  passage  of  this  act. 

Ai-)proved  March  6,  1888. 


QQ  An  Act  making  appropriations  for  expenses  authorized  the 

PRESENT  year   AND   FOR   CERTAIN   OTHER   EXPENSES   AUTHORIZED 


Appropriations 


Clerical  assist- 
ance for  clerks 
of  the  senate 
and  house. 


Report  of 
bureau  of  stalls 
tics  of  labor. 


Books  for  state 
library. 


AegiBtant  regis- 
ter of  probate, 
etc.,  for  Middle 
sex  county. 


Be  it  enacted^  etc  ,  as  follows: 

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

For  additional  clerical  service  in  the  office  of  the  clerk 
•of  the  senate  and  clerk  of  the  house  of  representatives,  a 
sum  not  exceeding  three  thousand  dollars,  as  authorized 
by  chapter  one  of  the  acts  of  the  present  year. 

For  printing  one  thousand  additional  copies  of  the 
annual  report  of  the  bureau  of  statistics  of  labor,  a  sum 
not  exceeding  two  hundred  and  seventy-five  dollars,  as 
authorized  by  chapter  twenty-three  of  the  acts  of  the 
present  year. 

For  the  purchase  of  books  for  the  state  library,  a  sum 
not  exceeding  seventeen  hundred  dollars,  as  authorized 
by  chapter  twenty-four  of  the  acts  of  the  present  year, 
being  in  addition  to  the  thirty-three  hundred  dollars  ap- 
propriated by  chapter  two  of  the  acts  of  the  present  year. 

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  county  of  Middlesex,  the  sum  of  three 
hundred  dollars,  being  in  addition  to  the  fifteen  hundred 
dollars  appropriated  by  chapter  four  of  the  acts  of  the 
present  year. 


service 
commmsion. 


1888.  —  Chapter  80.  G3 

For  the  sheriffs  of  the  different  counties,  for  distributing  Distributing 
proclamations,  blanks,  and  making  a  return   of  votes,  a  Pj'^°'=''^™ations, 
sum  not  exceeding  one  hundred  dollars. 

For  small  items  of  expenditure  for  which  no  appropri-  smaii  items  of 

1  111  expeiiditure. 

ations  have  been  made,  or  for  which  appropriations  have 
been  exhausted  or  reverted  to  the  treasury  in  previous 
years,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  Massachusetts  institute  of  technology,  the  sum  Mass.  institute 

of   fifty  thousand  dollars.  °'  Technology. 

For   publishing   reports    of   capital   trials,    under    the  capital  trials. 
direction   of  the  attorney-general,  a   sum  not  exceeding 
fifteen  hundred  dollars. 

For  the  salary  of  the  secretary  of  the  civil  service  com-  civii  i 
mission,  a  sum  not  exceeding  three  hundred  dollars,  as 
authorized  by  chapter  forty-one  of  the  acts  of  the  present 
year,  being  in  addition  to  the  twelve  hundred  dollars 
appropriated  by  chapter  two  of  the  acts  of  the  present 
year. 

For  compensation  and  expenses  of  the  electoral  college.  Electoral 
a  sum  not  exceeding  five  hundred  dollars.  college. 

For  repairs  to  the  building  known  as  Crocker  hall,  at  Kormai  school 
the  state  normal  school  at  Framingham,  which  Avas  dam-  ''' ^""""'e''""'- 
aged  by  fire  December  twenty-fourth  in  the  year  eighteen 
hundred   and  eighty-seven,    a  sum  not  exceeding  three 
thousand    dollars,  as  authorized    by  chapter  two  of  the 
resolves  of  the  present  year. 

For  the  widow  of  the  late  William  H.  Griffith,  the  sum  widow  of  wii- 
of   five   hundred    and  thirty-five  dollars   and  forty-eight  "'"""■  *'"*^'^- 
cents,  as  authorized  by  chapter  three  of  the  resolves   of 
the  present  year. 

For  furnishing  members  of  the  legislature  with  copies  Maseachusctts 
of  the  ^Massachusetts  red  book,  a  sum  not  exceedino-  one  ''*''' ^°°''- 
hundred  and  fifty  dollars,  as  authorized  by  chapter  four 
of  the  resolves  of  the  present  year. 

For    the     JNIassachusetts    general    hospital,    the     sum  Massachusetts 
of  eight    hundred    and    one    dollars   and    fifly  cents,    as  ^'"^^'-'"^^^p''"'- 
authorized  l)y  chapter  five  of  the  resolves  of  the  present 
year. 

For  reprinting  parts  of  the  annual  reports  of  the  bureau  ijeports  of 
of  statistics  of  labor,   a  sum  not  exceeding  twenty-five  ucrof'iabor"*' 
hundred   dollars,  as  authorized   b}^  chapter  seven   of  the 
resolves  of  the  present  year. 

For  compiling  and  tabulating  the  information  relating  Records  of 
to  public  records  of  parishes,  towns  and  counties  by  the  p-'j""*^eB,  towng, 


64 


1888.  — Chapter  81. 


Aunie  Fitz- 
gerald. 


Soldiers'  home. 


Report  of  board 
of  agriculture. 


Soldiers  mes- 
senger corps. 


Report  of  agri- 
cultural experi- 
ment station. 


Report  of  siiper- 
Intuudeut  of 
prisons. 


commissioner  appointed  under  the  provisions  of  chapter 
sixty-five  of  the  resolves  of  the  year  eighteen  hundred 
and  eighty-four,  a  sum  not  exceeding  fifteen  hundred  dol- 
lars, as  authorized  by  chapter  nine  of  the  resolves  of  the 
present  year. 

For  Annie  Fitzgerald  of  North  Adams,  the  sum  of  one 
hundred  dollars,  as  authorized  by  chapter  ten  of  the 
resolves  of  the  present  year. 

For  the  trustees  of  the  soldiers'  home  in  Massachusetts, 
the  sum  of  twenty  thousand  dollars,  as  authorized  by 
chapter  eleven  of  the  resolves  of  the  present  year. 

For  printing  three  thousand  extra  copies  of  the  thirty- 
fifth  annual  report  of  the  state  board  of  agriculture,  a  sum 
not  exceeding  one  thousand  dollars,  as  authorized  by  chap- 
ter thirteen  of  the  resolves  of  the  present  year. 

For  the  soldiers  messenger  corps  a  sum  not  exceeding 
eight  hundred  dollars,  as  authorized  by  chapter  fourteen 
of  the  resolves  of  the  present  year. 

For  printing  fifteen  thousand  extra  copies  of  the  report 
of  the  Massachusetts  agricultural  experiment  station,  a 
sum  not  exceeding  six  hundred  dollars,  as  authorized  by 
chapter  fifteen  of  the  resolves  of  the  present  year. 

For  printing  additional  copies  of  the  report  of  the  gen- 
eral superintendent  of  prisons,  a  sum  not  exceeding  thirty 
dollars,  as  authorized  by  chapter  seventeen  of  the  resolves 
of  the  present  year. 

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

Approved  March  6,  1888. 


CllCLT).    81    ^'^    ^^^    ^^    CONFIRM    THE    SALE    OF    THE    SPRINGFIELD    AND    NEW 


Proceedings 
confirmed. 


To  cease  to  ex- 
ist as  a  corpora- 
tion. 


LONDON  RAILROAD  TO  THE 
RAILROAD  COMPANY. 


NEW  YORK  AND  NEW  ENGLAND 


efc,  as  follows: 

The   proceedings  of  the 


Be  it  enacted.^ 

Section  1.  The  proceedings  of  the  Springfield  and 
Ne^v  London  Railroad  Company,  whereby  on  the  twenty- 
ninth  day  of  July  in  the  year  eighteen  hundred  and  eighty- 
seven  all  its  franchises,  rights,  privileges  and  property, 
real  and  personal,  were  conveyed  to  the  New  York  and 
New  England  Kailroad  Company  in  accordance  with  the 
provisions  of  cha})ter  two  hundred  and  one  of  the  acts  of 
the  legislature  of  the  year  eighteen  hundred  and  eighty- 
seven,  are  hereby  ratified  and  confirmed. 

Section  2.  The  said  Springfield  and  New  London 
Railroad  Company,  from  and  after  the  time  when  this  act 


1888.  —  Chapter  82.  65 

shall  take  effect,  shall  cease  to  exist  as  a  corporation, 
except  that  it  shall  remain  subject  to  the  provisions  of 
section  forty-one  of  chapter  one  hundred  and  five  of  the 
Public  Statutes. 

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

Approved  March  6,  1888. 


Chaj^.  82 


An  Act  to  incorpokate  the  state  street  exchange. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Samuel  Wells,  James  Jackson,  Charles  E.  I'^^^^^""^^* 
Cotting,  their  associates  and  successors,  are  hereby  made  incorporated. 
a  corporation  by  the  name  of  the  State  Street  Exchange, 
for  the  purpose  of  purchasing,  holding,   managing,  im- 
proving and  leasing  the  whole,  or  any  part  or  parts  of 
certain  real  estate   situated  in  the  city  of  Boston,  and 
enclosed  in  the  square  between  Congress,  State  and  Kilby 
streets  and  Exchange  place,  the  title  to  the  greater  part 
of  which  real  estate  is  now  held  l)y  the  trustees  of  the 
exchange  building,  and  of  performing  all  other  legal  acts 
which  may  be  necessary  for  accomplishing  said  objects ; 
with  all  the  powers  and  privileges,  and  subject  to  all  the  powers  and 
duties,    liabilities  and  conditions   set  forth    in    all   gen-  <^"^'''«- 
eral  laws  which  now  are  or  hereafter  may  be  in  force  ap- 
plicable to  such  corporations. 

Section  2.     Said  corporation  may  also  purchase  any  corporation 
personal    property  held    by  said   trustees    in    their   said  JTelsonTpi^op. 
capacity   in  connection   with   said   real   estate,  and   may  ''f/j'^'''''  ^^ 
assume  any  liabilities  which   they  have  incurred  in  the 
performance  of  their  duties  as  such  trustees,  but  not  ex- 
ceeding the  sum  of  fifty  thousand  dollars. 

Section  o.     Said    corporation  may  sell   or  mortgage  Mayseiior 
any  portion,  or  the  whole,  of  any  real  estate  which  it  is  ™°atf!'^*' ''*'*' 
allowed  by  this  act  to  hold. 

Section  4.  The  capital  stock  of  said  corporation  shall  oapitai  stock 
not  exceed  three  millions  five  hundred  thousand  dollars, 
and  shall  be  divided  into  thirty-five  thousand  shares  of 
the  par  value  of  one  hundred  dollars  each  :  jyrovided,  that 
said  cor|)()ration  may  begin  to  transact  business  when  one 
million  seven  hundred  and  fifty  thousand  dollars  have 
been  paid  in,  either  in  cash  or  property,  the  value  of 
which  property,  if  any,  shall  be  determined  by  the  com- 
missioner of  corporations  ;  provided,  aim,  that  no  certifi-  Proviso. 
cate  of  stock  shall  l)e  issued  until  the  whole  of  said  three 
millions  five   hundred  thousand  dollars   shall   have   been 


66  1888.  —  Chapters  83,  84. 

paid  in,  either  in  cash  or  in  property,  the  value  of  which 
property,  if  any,  shall  be  determined  by  the  commissioner 
of  corporations. 

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

Approved  March  6,  1888. 


Chap.  83 


An  Act  to  authorize  the  city  of  newton  to  make  an  addi- 
tional WATER  LOAN. 

Be  it  enacted^  etc.,  as  follows  : 

May  make  an  Sectiox  1.     The    city  of  Ncwtou,    for   the    purposes 

admtionai  water  j^gj^^|oj-,g(i  j,^  scctiou  fivc  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  three  hundred 
and  hfty  thousand  dollars  in  addition  to  the  amounts  here- 
tofore authorized  by  law  to  be  issued  by  the  town  or  city 
of  Newton  for  the  same  purposes ;  said  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 : 
Whole  amount  pvovidecl,  that  the  whole  amount  of  such  notes,  bonds  and 
Sfr.n'^.nnf'''      scHp  issucd  by  said  town  or  city,  together  with  those 

$1,500,000.  ir  1.11      11  11  j_i? 

already  authorized,  shall  not  exceed  the  amount  or  one 

million  live  hundred  thousand  dollars. 
Subject  to  ac-  SECTION  2.     This  act  shall  take  effect  upon  its  accept- 

coumjir  ^^  *"*^  ance  b}^  a  vote    of  two-thirds  of  all    members    of  each 

branch  of  the  city  council  of  said  city  of  Newton. 

Approved  March  6,  1888. 


Chap.  84 


An  Act  to  amend  section  five  of  chapter  two  hundred  and 
fourteen   of  the  acts   of  the  year  one  thousand  eight 
hundred  and  eighty-seven,  relating  to  clerical  assistance 
in  the  insurance  department. 
Be  it  enacted,  etc. ,  as  folloivs  : 
Insurance^  SECTION  1.     Scctiou  fivc  of  chapter  two  hundred  and 

fourteen  of  the  acts  of  the  3'ear  one  thousand  eight  hun- 
dred and  eighty-seven  is  hereby  amended  to  read  as 
follows  :  —  The  commissioner  shall  exercise  the  powers 
and  perform  the  duties  conferred  and  imposed  upon  him 
by  this  act  or  by  any  other  law  of  the  Commonwealth. 
He  may  with  the  approval  of  the  governor  and  council 


department. 


1888.  —  Chapter  85.  67 

appoint  and  with  their  consent  remove  a  deputy  commis-  Deputy  com- 
sioner  to  assist  him  in  his  duties  who   shall  receive  an  StTn  pe?- 
annual   salary  of  twenty-five   hundred    dollars.      In  the  dmfes^and^o 
event  of  a  vacancy  in  the  office  of  commissioner  or  during  act  as  com- 
the  absence  or  disability  of  that  officer  the   deputy  com-  ing  vacancy,  etc. 
missioner   shall    perform  the  duties  of  the  office.      The 
commissioner  may  employ  in  his  department  a  chief  clerk  cierkBand 

T  -I  f  1  1      1     n  1    assistants. 

With  an  annual  salary  oi  two  thousand  dollars,  a  second 
clerk  with  an  annual  salary  of  fifteen  hundred  dollars,  a 
third  clerk  with  an  annual  salary  of  tw^elve  hundred  dol- 
lars, and  such  additional  clerks  and  assistants  as  the 
public  business  in  his  charge  may  require  at  an  expense 
not  to  exceed  such  sum  as  the  general  court  may  appro- 
priate each  year. 

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

Approved  March  6,  1888. 

An  Act  concerning  the  publication  and  distribution  of  the  p/,^^    QK 

MANUAL   FOR   THE   GENERAL   COURT.  -* 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  There  shall  be  printed  annually,  in  addi-  ^t°raf court* 
tion  to  the  number  now  provided  by  law,  eight  hundred 
copies  of  the  manual  for  the  general  court,  of  which  the 
follow^ing  distribution  shall  be  made  by  the  secretary  of 
the  Commonwealth  :  —  one  copy  to  each  of  the  justices  of 
the  supreme  judicial  and  superior  courts,  and  the  clerks 
thereof;  the  justices  and  clerks  of  the  several  municipal, 
district  and  police  courts  ;  the  trial  justices  ;  the  judges 
and  registers  of  probate  and  insolvency ;  registers  of 
deeds ;  county  commissioners  ;  treasurers  and  sheriffs  of 
the  several  counties  ;  medical  examiners  ;  the  trustees  and 
superintendents  of  the  several  state  institutions  ;  to  each 
of  the  officers  of  the  several  state  boards  and  commission- 
ers ;  and  the  principals  of  the  state  normal  schools. 
Fifty  copies  shall  be  placed  in  charge  of  the  state  librarian 
for  the  purpose  of  exchange.  The  remaining  copies  shall 
be  in  charge  of  the  clerks  of  the  two  branches  to  be  dis- 
tributed by  them  at  their  discretion. 

Section  2.     This  act  shall  take  eflfect  upon  the  first 
day  of  January,  eighteen  hundred  and  eighty-nine. 

Approved  March  6,  1888. 


68 


188S.  — Chapters  86,  87,  88. 


ChCtV.     86   -^    -^CT    TO   AMEND    AN   ACT    RELATIN(i   TO   SAFETY   APPLIANCES    IN 

HOTELS   AND   PUBLIC   BUILDINGS. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  two  of  chapter  two  hundred  and  twenty-three 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-four 
is  hereby  amended  by  adding  at  the  end  thereof  the  fol- 
lowing words,  to  wit ;  —  except  that  the  maintenance  of  a 
watchman  shall  not  be  required  in  family  hotels  in  tlie  city 
of  Boston  when  in  the  opinion  of  the  inspector  of  l)uild- 
ings  of  said  city  reduced  to  writing  and  placed  on  file  in 
his  office  such  maintenance  is  unnecessary. 

Approved  March  6,  1888. 


Watchmen  not 
to  be  required  in 
family  hotels  in 
Boston,  when 
inspector  of 
buildings  so 
decides. 


Spencer  Farm- 
ers and  Mechan- 
ics Association 
incorporated. 


ChCllJ.    87   ^^   -^^^   "^^   INCORPORATE   THE   SPENCER   FARMERS   AND    MECHANICS 

ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Charles  N.  Prouty,  George  Wilson,  Henry 
R.  Green,  Thomas  J.  Comins,  their  associates  and  suc- 
cessors, within  the  towns  of  Spencer,  Leicester,  Paxton, 
Oakham,  Brookfield,  North  Brookfield  and  Charlton,  are 
hereby  made  a  corporation  under  the  name  of  The  'Spen- 
cer Farmers  and  Mechanics  Association,  to  be  located  at 
Spencer,  for  the  encouragement  of  agriculture,  horticulture 
and  the  arts,  with  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,  and  said  corporation  is 
hereby  authorized  to  hold  by  purchase,  gift,  devise  or 
otherwise  real  and  personal  estate  to  an  amount  not 
exceeding  twenty-five  thousand  dollars. 

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

Approved  March  6,  1888. 


Powers  and 
duties. 


Real  and  per- 
sonal estate. 


(Jliaj).    88   -^^   -^^'^   TO   ESTABLISH     THE     SALARY   OF    THE   CLERK   OF    THE   'DIS- 
TRICT  COURT   OF   WESTERN  HAMPDEN. 

Be  it  enacted,  etc.,  as  folloios : 
Salary  of  clerk.       Section  1.     The    Salary  of  the   clerk   of  the  district 
court  of  western  Hampden,  beginning  with  the  first  day 
of  January  in  the  year  eighteen  hundred  and  eighty-eight, 
shall  be  five  Imndred  dollars  a  year.  .^.T.S 

Section   •>.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  6,  1888. 


1888.  —  Chapters  89,  90.  69 


An  Act  to  establish   the   salary  of  the  clerk  of  the   dis-  Qj/d,,     g9 

TRICT   COURT   OF  NORTHERN   BERKSHIRE. 

Be  it  enacted^  etc.,  as  folloivs : 

Section  1.     The    salary  of  the    clerk   of  the  district  ^-^'^'n  of  cierk. 
court  of  northern  Berkshire,  beginning  with  the  first  day 
of  January  in  the  year  eishteen  hundred  and  eiohty-eight, 
shall  be  eight  hundred  dollars  a  year. 

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

Approved  31arcli  6,  1888. 


Chap.  90 


An  Act  relating  to  the  investments  of  savings  banks. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  In  addition  to  the  investments  authorized  investment  of 
by  section  twenty  of  chapter  one  hundred  and  sixteen  of  come  derived 
the  Public  Statutes,  savings  banks  and  institutions  for  '^"^ '°™' 
savings  may  invest  their  deposits  and  the  income  derived 
therefrom  in  the  legally  authorized  bonds  of  the  states  of 
Pennsylvania,  Ohio,  Michigan,  Indiana,  Illinois,  Wiscon- 
sin and  Iowa,  and  of  the  District  of  Columbia,  and  in  the 
legally  authorized  bonds  for  municipal  purposes  of  any 
city  of  the  aforesaid  states  and  in  the  state  of  New  York, 
which  has  at  the  date  of  such  investment  more  than  thirty 
thousand  inhabitants,  as  established  by  the  last  national 
or  state  census,  or  city  census,  ceilified  to  by  the  city 
clerk  or  treasurer  of  said  city  and  taken  in  the  same  man- 
ner as  a  national  or  state  census,  preceding  such  invest- 
ment, and  whose  net  indebtedness  does  not  exceed  five 
per  cent,  of  the  valuation  of  the  taxable  property  therein, 
to  be  ascertained  b}"  the  last  preceding  valuation  of  prop- 
erty therein  for  the  assessment  of  taxes  ;  and  in  the  note 
or  notes  of  any  citizen  of  this  Commonwealth,  with  a 
pledge  as  collateral  of  any  of  the  aforesaid  securities,  the 
amount  invested  in  such  note  or  notes  not  to  exceed  in 
any  case  eighty  per  cent,  of  the  market  value  of  the 
securities  pledged. 

Section  2.     Chapter   four  hundred  and  twenty-three  Repeal. 
of  the    acts   of  the    year  eighteen   hundred  and  eighty- 
seven  is  hereby  repealed.  Approved  March  6,  1888. 


70 


1888.  — Chapters  91,  92. 


Chctp.    91    A^   -^'^^'^    '^**   CHANGE    THE    NAME   OF    THE   WE8T    AMESBURY    MANU- 
FACTURING  COMPANY. 

Be  it  enacted,  etc.,  as  follows : 
Name  changed.        Section  1.     The  iiainc  of  tlie  West  Amesbuiy  Manu- 
facturing Company  is  hereby  changed  to  the  Merrimac 
Wheel  and  Gear  Company. 

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

Approved  March  G,  1888, 


Chap.  92 


An  Act  to  incorporate  the  workingmen's  building  asso- 
ciation. 


Workingmen's 
Building  Associ- 
ation incorpo- 
rated. 


May  buy  and 
sell  real  estate. 


Capital  stock 
and  shares. 


Surplus  to  be 
used  as  a  sink- 
ing fund,  etc. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Robert  Treat  Paine,  Charles  W.  Dexter, 
John  S.  Blatchford,  Francis  C.  Foster,  J.  D.  W.  French, 
I.  W.  Clarke,  G.  W.  Pope,  Robert  Treat  Paine  "id, 
Thomas  T.  Stokes  and  Henry  R.  Gardner,  their  associates 
and  successors,  are  hereby  made  a  corporation  for  the 
term  of  thirty  years  by  the  name  of  The  Workingmen's 
Building  Association,  in  the  city  of  Boston,  to  hold  and 
improve  real  estate  in  said  city  for  the  purpose  of  erect- 
ing, maintaining,  leasing  and  impj'oving  homes  for  working 
people,  and  others  of  moderate  means,  and  of  promoting 
the  adoption  of  improved  modes  of  building  and  the 
enforcement  of  sanitary  regulations  calculated  to  secure 
the  comfortable  and  healthful  condition  of  structures  so 
occupied,  subject  to  the  provisions  of  chapters  one  hun- 
dred and  five  and  one  hundred  and  six  of  the  Public 
Statutes,  and  to  all  general  laws  which  now  are  or  may 
hereafter  be  in  force  relating  to  such  corporations. 

Section  2.  Said  corporation  shall  have  power  tolniy, 
sell  and  hold  real  estate  for  the  purposes  aforesaid. 

Section  o.  The  capital  stock  of  said  corporation  shall 
not  exceed  two  hundred  and  fifty  thousand  dollars  to  be 
divided  into  shares  each  of  the  par  value  of  twenty-five 
dollars,  and  the  dividends  on  said  shares  shall  not  exceed 
six  per  cent,  per  annum  on  the  par  value  thereof. 

Section  4.  Any  surplus  accumulated  by  said  corpo- 
ration shall  be  used  as  a  sinking  or  reserved  fund,  or  in 
improving  the  condition,  or  in  increasing  the  number,  or 
the  extent  and  capacity  of  the  buildings  occupied  for  such 
homes  :  provided,  however,  that  the  rentals  from  all  the 
property  owned  by  said  corporation  shall  be  limited  to 


1888.  —  Chapters  93,  94.  71 

such  rates  as  will  after  paying  six  per  cent,  for  every  year 
maintain  said  sinking  or  reserve  fund  at  a  sum  not  exceed- 
ing fifty  thousand  dollars. 

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

Approved  March  6,  1888. 

An  Act  to  incorporate  the  oxford  agricultural  society.    QJin/j^   93 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     James  W.  Stockwell,  A.  S.  Joslin,  Daniel  ^.^.f^'^g^odeS''"'' 
Dwight,  Thomas  S.  Eaton,  E.  R.  Carpenter,  AValdo  John-  lucorporated. 
son,  H.  A.  Howe,  their  associates  and   successors  within 
the  towns  of  Sutton,  Oxford,  Dudley,  Auburn,  Charlton 
and  Webster,  are  hereby  made  a  corporation  under  the 
name  of  the  Oxford  Agricultural  Society,  to  be   located 
at  Oxford,  for  the  encouragement  of  agriculture,  horticult- 
ure   and  the   arts  by  the  distribution  of  premiums  and 
otherwise,  with  the  powders  and  privileges  and  subject  to  Powers  and 
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 ;  and  said  corporation  is 
hereby  authorized  to  hold  by  purchase,  gift,  devise  or 
otherwise    real    and    personal    estate   to    an    amount  not 
exceeding  twenty-five  thousand  dollars. 

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

Approved  March  6,  1888. 

An  Act  to  amend  section  sixteen  of  chapter  one  hundred  rjhdT)     94 

AND   FIFTY   OF   THE    PUBLIC   STATUTES    RELATING   TO   APPEALS. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     Section    sixteen  of  chapter  one  hundred  if  appeal,  etc , 
and  fifty  of  the  Public  Statutes  is  hereby  amended  so  as  s.  j.  c,  ruling, 
to  read  as  follow^s  :  —  If  a  party,  who  has  taken  an  appeal  be'iowmaybe 
or  an  exception,  which  has  been  allowed,  neglects  to  enter  ''*^™'"^- 
the  question  in  the  supreme  judicial  court,  the  court  in 
which  the  appeal  was  taken,  or  the  exceptions  allowed, 
may  upon  the  application  of  the  adverse  party  upon  due 
notice    to    all     parties    interested    order   the    judgment, 
opinion,  ruling  or  order  affirmed. 

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

Approved  March  6,  1888. 


72 


1888.  —  Chapters  95,  9(3. 


ChciP'   95  An   Act   to   establish   the    salauy   of   the  shekikk   of  the 

COUNTY   OF  MIDDLESEX. 


Salary  of 
■  sheriff. 


Be  it  enacted,  etc.,  as  follows : 

Section  1 .  The  salary  of  the  sheriff  of  the  county  of 
Middlesex,  beginnino-  with  the  first  day  of  January,  eight- 
een hundred  and  eighty-eight,  shall  be  twenty-five  hun- 
dred dollars  a  year. 

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

Approved  March  6,  ISSS. 


Chap.   96  Ax  Act   relating   to   regular   meetings   of  the   boards  of 

TRUSTEES    OF   SAVINGS   BANKS   AND   INSTITUTIONS   FOR   S.WINGS. 


Regular  iiieet- 
iniis  of  boards 
of  trustees  of 
savings  bauks. 


Record  of  tianis- 
actions  and  of 
names  of  trus- 
tees jjreseut  at 
meeting 
TruKlee  failing 
to  attend  meet- 
ings, etc.,  his 
office  to  become 
vacant. 


Bi::  it  enacted,  etc.,  as  follows  : 

Section  eighteen  of  chapter  one  hundred  and  sixteen  of 
the  Pul>lic  Statutes  is  hereby  amended  so  as  to  read  :  — 
A  regular  meeting  of  the  board  of  trustees  of  every  such 
corporation  shall  be  held  as  often  as  once  in  three  months, 
for  the  purpose  of  receiving  the  report  of  its  treasurer 
and  for  the  transaction  of  other  business.  A  quorum  .shall 
consist  of  not  less  than  seven  trustees,  but  less  than  a 
quorum  may  adjourn  from  time  to  time  or  until  the  next 
regular  meeting.  At  each  regular  meeting  the  trustees 
shall  cause  to  be  prepared  a  statement  showing  the  condi- 
tion of  the  corporation  as  it  appears  upon  its  books,  in 
the  form  of  a  trial  balance  of  its  accounts,  and  such 
statement  shall  be  posted  in  a  conspicuous  place  in  its 
banking  room,  and  there  remain  until  the  next  regular 
meeting  of  said  board.  A  record  shall  be  made  at  each 
meeting  of  the  transactions  of  the  trustees  and  the  names 
of  those  present.  If  a  trustee  fails  both  to  attend  the 
regular  meetings  of  the  board  and  to  perform  any  of  the 
duties  devolved  upon  him  as  such  trustee,  for  six  consecu- 
tive months,  his  ofiSce  shall  thereupon  become  vacant. 
A  record  of  such  vacancy  shall  be  entered  upon  the  books 
of  the  corporation  and  a  transcript  of  such  record  shall 
be  sent  by  mail  to  the  person  whose  oifice  is  thus  made 
vacant.  Approved  March  6,  188S. 


1888.  —  Chapters  97,  98,  99.  73 


An  Act  to  AuxxromzE  lucius  m.  sheluon  to  uuild  a  bridge  (JJidj),  97 

OK   CAUSEWAY   ACROSS  A   TIDE-M^ATER  CREEK  AT  WESTPORT  POINT 
IN   THE   TOWN   OF   WESTPORT. 

3e  it  enacted,  etc.,  as  follows : 

Section    1.      Lucius  M.  Sheldon  may  Ijuild  and  main-  Lucius  m. 
tain    a    bridge    or  causeway,  without  a  draw  therein,  at  buiid  biuis^'e, 
We.stport  point  in  the  town  of  Westport,  extending  from  po'Vt  poiutTn" 
a  point  at  the  northeast  corner  of  hind  formerly  owned  by  p°Q^°  °^  ^^''^^' 
(liristopher  Gilibrd,  and  now  owned  by  said  Sheldon,  due 
east  across  the  creek  to  other  land  of  said  Sheldon,  for  a 
roadway  to  connect  his  said  lands  ;  subject  to  the  provi- 
sions of  chapter  nineteen  of  the  Public  Statutes,  and  of 
a.ny  other  laws  which  now  are  or  hereafter  may  be  in  force 
api)lica])]e  thereto. 

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

Approved  March  6, 18S8. 


An  Act  to  confirm  the  proceedings  of  the  town  meeting  (JJiqij    98 

OF   THE   town  of   ATTLEBOROUGH,  HELD  ON   THE   THIRTIETH   DAY 
OF   .lULY   IN   THE   YEAR   EIGHTEEN   HUNDRED    AND    EIGHTY-SEA^EX. 

Be  it  enacted,,  etc.,  as  foUoics : 

Section  1.  The  proceedings  of  the  town  meeting  <>f  t^'^n^mJetfng'^ 
the  town  of  Attleborough  held  on  the  thirtieth  day  of  July  confirmed. 
in  the  year  eighteen  hundred  and  eighty-seven  for  the 
purpose  of  accepting  the  provisions  of  chapter  four  hun- 
dred and  twelve  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven,  being  an  act  to  incorporate  the  town 
of  North  Attleborough,  shall  not  be  invalid  by  reason  of 
a  failure  to  designate  polling  places  in  the  several  voting 
precincts  of  said  town  of  Attleborough,  or  of  a  failure  to 
make  any  necessary  registration  of  voters  ;  and  the  accept- 
ance of  said  act  by  said  meeting  is  hereby  ratified  and 
confirmed. 

Sp^ction  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  6,  1888. 


An  Act  to  establish  a  grade  in  the  town  of  medford.       Chav.  99 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  selectmen  of  the  town  of  Medford,  esubiuha™''^ 
when  authorized  so  to   do  by  a  vote   of  said   town  at  a  grade  of  not  leM 

11  ii'i'  •  1  than  thirteen 

meeting  called  for  the  purpose,  shall  establish  in  said  town  feet  above  mean 
a  irrade  of  not  less  than  thirteen   feet  above  mean   low 


74  1888.  — Chapter  09. 

water;    and  no  person,  after  such   grade   is  established, 
shall  construct  in  said  town  any  cellar  or  basement  cellar 
of  any  building  below  such  grade,  or  use  or  occupy  any 
cellar  or  basement  cellar  so  constructed  :  provided,  that 
the  selectmen  may  by  license,  subject  to  revocation  at  any 
time  by  them,  authorize  cellars  to  be  constructed  or  used 
in  buildings  used  exclusively  for  storage  or  business  pur- 
poses so  much  below  said  grade  as  they  shall  designate  in 
each  license. 
Regulations  con-       SECTION  2.     If  any  persou  constructs  or  uses  any  cel- 
aud  basement      lar  or  bascmcut  Cellar  in  violation  of  this  act,  said  select- 
**  ""■  men  shall  order  the  owner  or  occupant  of  such  cellar  or 

basement  cellar  to  so  alter  and  construct  it  as  to  conform 
to  the  requirements  of  this  act ;  and  if  such  owner  or 
occupant  fails  to  comply  with  such  order  within  ten  days 
after  service  thereof,  as  provided  by  the  following  section, 
said  selectmen  shall  so  alter  such  cellar  or  basement  cellar  ; 
and  all  necessary  expenses  incurred  thereby  shall  consti- 
tute a  lien  upon  the  land  wherein  such  cellar  or  basement 
cellar  is  constructed  and  upon  the  buildings  upon  such 
land,  and  may  be  collected  in  the  manner  provided  ))y  law 
for  the  collection  of  taxes  upon  real  estate  ;  and  the  town 
treasurer,  in  behalf  of  said  town,  may  purchase  such  land 
or  land  and  buildings  at  any  sale  thereof  for  the  enforce- 
ment of  such  lien. 
Orders  of  the  Section  8.     All    orders    under   the  preceding  section 

Bd6Ctin6U  to  DC 

made  iu  writing,  shall  be  made  in  writing,  and  served  upon  said  owners  or 
occupants,  or  their  authorized  agents,  as  prescribed  by 
section  twenty-two  of  chapter  eighty  of  the  Public^  Stat- 
utes, for  the  service  of  orders  of  boards  of  health  ;  and 
the  supreme  judicial  court,  or  an}^  justice  thereof,  in  term 
time  or  vacation,  may,  by  injunction  or  other  suitable 
process  in  equity,  restrain  any  person  or  corporation  from 
constructing  or  using  any  cellar  or  basement  cellar  in 
violation  of  the  provisions  of  this  act,  and  may  enforce 
such  provisions,  and  may  order  and  enforce  the  abatement 
or  alteration  of  any  cellar  or  basement  cellar  constructed 
or  used  in  violation  thereof,  so  that  such  cellars  shall  be 
in  accordance  with  said  provisions. 

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

Approved  March  6,  18SS. 


1888.  — Chapters  100,  101,  102.  75 


An  Act  to  incorporate  the  security  savings  bank   in  the  (^JfQjy  1()Q 

TOAVN   OF   WEST   BOYLSTON.  "' 

Be  it  enacted,  etc.,  as  foUoios : 

Section  1.  Charles  M.  Harris,  George  F.  Howe,  John  secugty  sav- 
C.  Hastings,  Stephen  H.  Smith,  A.  N.  Whiting,  George  coiporated. 
M.  Lourie,  Henry  O.  Sawyer,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of 
the  Security  Savings  Bank,  with  authority  to  establish 
and  maintain  a  savings  bank  in  the  town  of  West  Boyls- 
ton,  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 
relatino^  to  savino;s  banks  and  institutions  for  savino;s. 

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

Approved  March  6,  1S8S. 

An  Act  making  an  appropriation  for  the  payment  of  coun-  Hhnrn  1Q][ 

SEL   EMPLOYED     BY    THE    GOVERNOR    TO    ASSIST    IN     DEFENCE   OF  "' 

ACTIONS   BROUGHT   TO   RECOVER  NATIONAL   BANK   TAXES. 

Be  it  eyiacted,  etc. ,  as  follows  : 

Section  1.     The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth,  from  the   ordinary  revenue,  for  the  purpose   of 
paying   counsel  employed   by  the  governor  to  assist  in 
defence  of  actions  brought  to  recover  national  bank  taxes 
paid  to  a  city  or  town,  to   wit:  —  For  the  payment  of  cou^eeiiu  de-^ 
counsel  employed  by  the  governor  and  council,  as  author-  tor  recovery  of 
ized  by  chapter  three  hundred  and  thirty-two  of  the  acts  etc. 
of  the  year  eighteen  hundred  and  eighty-six,  a  sum  not 
exceeding  thirty-six  hundred  and  fifty  dollars,  being  the 
unexpended  balance  appropriated  by  chapter  three  hun- 
dred and  fifty-six  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-six. 

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

Ax)proved  March  7,  1888. 


ChapA02 


An  Act  to  amend  the  charter  of  the  hawes  place  congre- 
<4ational  society. 

Be  it  enacted,  etc.,  as  foHotvs : 

Section  1.     The   society  incorporated  l)y  an  act  ap-  Name  changed. 
proved  February  nineteenth    in  the    year  one   thousand 
eight  hundred  and  eighteen  as  the  Hawes  Place  (^ongre- 


76  1888.  —  Chapters  103,  104. 

gational  Society  shall  hereafter  be  known  as  the  Hawes 
Phice  Unitarian  Cong^regational  Church. 
i>eacon8tobe  Section  2.     The   dcacons  of  said  society  and   of  the 

society.  ■  church  connected  and  associated  in  public  worship  there- 

with shall  hereafter  be  elected  by  said  society  instead  of 
by  said  church  as  heretofore  ;  and  any  member  of  said 
society  shall  be  eligible  to  the  office  of  deacon. 

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

Approved  March  7,  1888. 

ChClT>.\0'd   '^^    ^'^^  "^^   AUTHORIZE    THE    TRUSTEES    OF    THE   GREENE   FOUNDA- 
TION  TO    HOLD   ADDITIONAL    REAL   ESTATE. 

Be  it  enacted^  etc. ,  as  folloivs  : 
May  hold  ad-  Section  1.     The  Trustees  of  the  Greene  Foundation, 

ditional  real  .  /.ii.t  it-\i 

estate.  incorporated  by  an  act  of  the  legislature  passed  Febru- 

ary twelfth  in  the  year  eighteen  hundred  and  twenty-four, 
are  authorized  to  purchase  and  hold  real  estate  in  the  city 
of  Boston  to  the  amount  of  fifty  thousand  dollars  in  value 
in  addition  to  the  amount  now  authorized  by  law. 

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

Approved  March  7,  1888. 

Ohan  104  "^     ^^"^  requiring    the    city   of   new   BEDFORD    TO   ESTABLISH   A 
SINKING   FUND    FROM   THE   RECEIPTS   FROM   WATER   RATES. 

Be  it  enacted,  etc.,  as  folloivs  : 
To  establish  a         Section  1.     The  city  council  of  the  city  of  New  Bed- 

sinking  fund  for    «,,,,  ,.  "i.  .  iir»i 

payment  of  debt  ford  shall,  at  the  time  of  contracting  any  debt  for  the  ex- 
contracted  for        .  .  /«•,  ,  1  JJITI  "l" 

water  supply,  teusiou  of  its  w^atcr  works  sj^stem,  establish  a  sinking 
fund,  and  contribute  thereto  from  year  to  j^ear  an  amount 
raised  annually  from  its  receipts  from  water  rates  suffi- 
cient, with  its  accumulations,  to  extinguish  the  debt  at 
maturity.  No  such  sinking  fund  shall  be  used  for  any 
other  purpose  than  the  payment  and  redemption  of  such 
debt. 

^f'^sTn'kin^funds  Sectiox  2.  The  prcscnt  commissioners  of  sinking  funds 
of  the  city  of  New  Bedford  and  their  successors  in  office 
shall  be  the  commissioners  of  any  sinking  funds  established 
under  the  provisions  of  section  one  of  this  act ;  and  as 
such  commissioners  shall  have  the  same  powers  and  au- 
thority and  be  subject  to  the  same  liabilities  as  at  pres- 
ent. 

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

Approved  March  5, 1888. 


1888.  —  Chapter  105,  106.  77 


An   Act  providing  for   the  registration  and  licensing   of  /"'/.^..^  \()!^ 
plumbers  in  the  cities  and  towns  of  the  commonwealth.  -^* 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Any  city  of  this  Commonwealth,  except  <^ities  and  towns 

•^  "^  '  i       may  require  that 

the  City  ot  lioston,  may  by  ordinance,  and  any  town  may  plumbers  ehaii 
by  law,  require  the  registration  and  licensing  of  all  and'ifcen'BMi. 
persons  doing  or  carrying  on  the  l)usiness  of  pluml)ing  in 
such  city  or  town,  and  prescribe  rules  and  regulations  for 
the  materials,  construction,  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  pi})es,  tanks,  faucets,  valves  or  other 
fixtures  shall  be  placed  in  any  building  in  such  city  or 
town  except  in  accordance  with  plans  which  shall  be 
approved  by  the  board  of  health  of  such  city  or  town  or 
such  person  or  persons  as  said  board  of  health  shall  des- 
ignate. 

Section  2.     Any  such  city  or  town  may  affix  penalties  penalties. 
not  exceeding  fifty  dollars  for  one  offence,  for  breaches  of 
such  ordinance  or  1)y-law. 

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

Approved  March  8,  1888. 


ChapAOQ 


An  Act  authorizing  the  county  commissioners  of  essex 
county  to  reimburse  the  city  of  lawrence  for  a  portion 
of  the  expense  of  rebuilding  the  lawrence  and  andover 
bridges  in  said  city. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  county  commissioners  of  the  county  cityofLaw- 
of  Essex  may  allow  and  cause  to  be  paid  from  the  treas-  rel'mb(rr8ed''for 
ury  of  said  county  to  the  city  of  Lawrence  such  a  sum  of  portion  of  ex- 

1  'ji*i.*'j  1  •      1  ^  •      -,  pense  of  re- 

money  as  they  may  think  just  and  equitable  to  indemnify  building  bridges 
said  city  in  part  for  the  expense  of  rebuilding  the  Law-  "^'^'^    '^'" 
rence  and  Andover  bridges  over  the  Merrimack  river  in 
said  city  :  provided,  that  the  sum  so  to  be  allowed  and 
paid  to  said  city  shall  not  exceed  one-fourth  of  the  entire 
expense  of  rebuilding  said  Andover  bridge  and  one-half  of 
the  entire  expense   of  rebuilding  said  Lawrence  bridge 
The  said  commissioners  after  due  notice  to  all  parties  in- 
terested and  after  a  hearing  of  said  parties  shall  proceed 
to  determine  what  cities  and  towns  in  said  county  receive 
particular  and  special  1)cnefit  from  the  use  of  said  bridges, 


over 
river. 


78 


1888.  —  Chapter  107. 


Commissioners 
may  borrow 
money. 


Chap.lOl 


Water  supply 
for  Needhara. 


May  contract 
with  any  ad- 
joining city  or 
town  for  supply 
of  water. 


May  erect  dams 
and  buildings. 


May  dig  up 
lands  or  ways. 

"Water  from 
Charles  river 
not  to  exceed 
,500,000  gallons 
daily. 


and  to  apportion  and  assess  upon  said  cities  and  towns  and 
upon  said  county  in  such  amounts  as  they  shall  deem 
equitable  and  just  the  cost  of  said  bridges. 

Section  2.  The  said  commissioners  may  borrow 
money  on  the  credit  of  said  county  for  the  purpose  of 
making  such  payments. 

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

Approved  March  8,  1888. 

An  Act  to  supply  the  town  of  needham  with  water. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Needham  may  supply  itself 
and  its  inhabitants  with  water  for  the  extinguishment  of 
fires,  and  for  domestic  and  other  purposes  ;  may  establish 
fountains  and  hydrants,  relocate  or  discontinue  the  same  ; 
may  regulate  the  use  of  such  water,  and  fix  and  collect 
rates  to  be  paid  for  the  use  of  the  same. 

Section  2.  The  said  town  for  the  purposes  aforesaid 
may  contract  with  any  adjoining  city  or  town  to  supply 
said  water,  or  it  may  take  by  purchase  or  otherwise,  and 
hold  the  water  of  Charles  river  within  the  limits  of  or 
where  it  borders  on  said  town  and  of  any  stream  or  spring 
or  artesian  or  driven  wells  within  the  limits  of  said  town, 
and  the  water  rights  connected  with  any  such  water 
sources ;  and  also  all  lands,  rights  of  way  and  easements 
necessary  for  holding  and  preserving  such  water  and  for 
conveying  the  same  to  any  part  of  said  town  of  Needham. 
The  said  town  may  also  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  way,  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same  ;  and  for  the  pur- 
pose of  constructing,  maintaining  and  repairing  such  con- 
duits, pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  said  town  may  dig  up  any  such  lands  or  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways.  In  case  said  town  shall  take  the 
waters  of  Charles  river  under  this  act,  it  shall  be  limited 
to  an  amount  of  water  not  exceeding  one-half  million 
gallons  daily. 


1888.  —  Chapter  107.  79 

Section    3.      The   said  town   shall   within   sixtj'   days  to  cause  to  be 
after  the  taking  of  any  lands,  rights  of  vyay,  water  rights,  Jegi'su^y'if deeds 
water  sources  or  easements  as  aforesaid,  otherwise  than  ;i  description  of 

1      1     •         1  •  the  land,  etc., 

by  purchase,  nle  and  cause  to  be  recorded  in  the  registry  taken. 

of  deeds  for  the  county  and  district  within  which  such 

lands  or  other  property  is  situated  a  description  thereof 

sufficiently  accurate  for  identification,  with  a  statement  of 

the  purpose  for  which  the  same  were  taken,  signed  by  the 

water  commissioners  hereinafter  provided  for. 

';■- Section  4.     The  said  town  shall  pay  all  damages  sus-  Damages  to  be 

tained  by  any  person  or  corporation  in  property  by  the  fowL!'^  ^^^ 

taking  of  any  land,  right  of  way,  water,   water  source, 

water  right,  or  easement,  or  by  an}^  other  thing  done  by 

said  town  under  the  authority  of  this  act.     Any  person 

or  corporation  sustaining  damages  as  aforesaid  under  this 

act,  ,who  fixils  to  agree  with  said  town  as  to  the  amount  of 

damages  sustained,  may  have  the  damages  assessed  and 

determined  in  the  manner  provided  by  law  when  land  is 

taken  for  the  laying  out  of  highways,  on  application  at 

any  time  within  the  period  of  three  years  from  the  taking 

of  said   land    or  other  property   or  the   doing  of  other 

iniurv,  under  the  authoritv  of  this  act :  but  no  such  appli-  Appiicatiou  for 

."ini  1  /.  '         ,1  '  '    j'  f         -ii  damages  not  to 

cation  shall   l)e  made  alter  the  expiration  ot  said  three  be  made  until 

,,ii  Ti-i?  .i.i?i  water  is  actu- 

years  ;  except  that  no  application  tor  assessment  oi  dam-  aiiy  diverted. 
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  town  under  the  authority 
of  this  act. 

Section  5.     The  said  town  may,  for  the  purpose  of  Bonds,  etc.,  not 

•        ••  to  exceed 

paying  the  necessary  expenses  and  liabilities  incurred  $-5,000. 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip,  to  an  amount  not  exceeding  in  the 
aggregate  seventy-five  thousand  dollars ;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words  Need- 
ham  AA'ater  Loan,  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  date  of  issue  ; 
shall  liear  interest  payable  semi-annually  at  a  rate  not 
exceeding  six  per  centum  per  annum,  and  shall  he  signed 
by  the  treasurer  of  the  town  and  be  countersigned  by  the 
water  commissioners  hereinafter  provided  for.     The  said  May  seii  securi- 

.  n  1  -x*  J.  1  T  •       J  1  tics  at  public  or 

town  may  sell  such  securities  at  public  or  private  sale,  or  privatesaie. 
pledge  the  same  for  money  ])orrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper,  provided  that  such  securities  shall  not  be  sold  or 


80 


1888.  —  CHArTER  107. 


Sinking  funJ  to 
be  established. 


May  provide  for 
annual  propor- 
tionate pay- 
ments instead  of 
establishing  a 
Eiuking  fund. 


Return  of 
amount  of  fund 
established,  etc. 


To  raise  annu- 
ally by  taxation 
eufiicient  for 
current  ex- 
penses and 
interest. 


Penalties  for 
corrupting  or 
divertiua  water. 


pledged  at  less  than  the  par  value  thereof.  The  said 
town,  unless  it  avails  itself  of  the  provisions  of  section 
six,  shall  provide,  at  the  time  of  contracting  said  loan, 
for  the  estal)lishment  of  a  sinking  fund,  and  shall  annually 
contribute  to  such  fund  a  sum  sufficient  with  the  accumu- 
lations thereof  to  pay  the  principal  of  said  loan  at  matu- 
rity. 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  tow^n  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  prescril)ed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  thereby  shall  without  further 
vote  be  assessed  by  the  assessors  of  said  town  in  each 
year  thereafter,  until  the  debt  incurred  by  said  town  shall 
be  extinguished,  in  the  same  manner  as  other  taxes,  and 
assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety- 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state 
the  amount  of  any  sinking  fund  established  under  this 
act,  and  if  none  is  established,  whether  action  has  been 
taken  in  accordance  with  the  provisions  of  section  six 
of  this  act  and  shall  also  state  the  amounts  raised  and 
applied  thereunder  for  the  current  year. 

Section  8.  The  said  town  shall  raise  annually  by 
taxation  a  sum  which  together  with  the  income  derived 
from  the  water  rates  will  he  sufficient  to  pay  the  current 
annual  expenses  of  operating  its  water  works,  and  the 
interest  as  it  accrues  on  the  bonds,  notes  and  scrip  issued 
as  aforesaid  by  said  town,  and  to  enable  said  town  to 
make  such  contributions  to  the  sinking  fund  and  pay- 
ments on  the  principal  as  may  be  required  under  the 
proAdsions  of  this  act. 

Section  9.  Whoever  Avilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  otlier  [property 
owned,  held  or  used  by  said  town  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  town  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  ai'tion  of  tort ;  and  ui)on 
conviction    of  either   of  the   above  wilful   or  wanton  acts 


1888.  — Chapter  108.  81 

shall  be  punished  by  a  tine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 

Section  10.  The  said  town  shall,  after  its  acceptance  Board  of  water 
of  this  act,  at  a  legal  town  meeting  called  for  the  purpose,  loTJ'llened.^ 
elect  by  ballot  three  persons  to  hold  office,  one  until  the 
expiration  of  three  years,  one  until  the  expiration  of  two 
years  and  one  until  the  expiration  of  one  year  from  the 
next  succeeding  annual  town  meeting,  to  constitute  a 
board  of  water  commissioners ;  and  at  each  annual  town 
meeting  thereafter  one  water  commissioner  shall  be  elected 
by  ballot  for  the  term  of  three  years.  All  the  authority 
granted  to  the  said  town  by  this  act,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject,  however,  to 
such  instructions,  rules  and  regulations  as  said  town  may 
impose  by  its  vote.  The  said  commissioners  shall  be  Tobecommis- 
trustees  of  the  sinking  fund  herein  provided  for,  and  a  elntingfund! 
majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business  relative  both  to  the  water 
works  and  to  the  sinking  fund.  Any  vacancy  occurring 
in  said  board  from  any  cause  may  be  filled  for  the  re- 
mainder of  the  unexpired  term  by  said  town  at  any  legal 
town  meeting  called  for  the  purpose. 

Section  11.     This  act  shall  take  eifect  upon  its  accept-  subject  to  ac- 

J.  J.         C6ptaiic6  by  sl 

ance  by  a  two-thirds  vote  of  the  voters    of  said   town  two-thirds  vote. 
present  and  voting  thereon  at  a  legal  towai  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.  Aj^proved  3Iarch  8,  1888. 

An  Act  to  incorporate  the  workingmen's  loan  association.  Qlinr)  ][0g 
Be  it  enacted^  etc.,  as  follows: 

Section  1.     Robert  Treat  Paine,  Charles  W.  Dexter,  workingmen'8 
John   S.    Blatchford,    Francis   C.    Foster,    John   D.  W.  urmtrpf ' 
French,  I.  Wells  Clarke,  George  W.  Pope,  Charles  H.  ^*'^^- 
Washburn,  Robert  Treat  Paine,  2d,  Thomas  T.  Stokes  and 
Henry  R.   Gardner,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Working- 
men's  Loan  Association,  to  be  located  at  Boston,  for  the 
purpose  of  loaning  money  upon  pledge  or  mortgage  of  goods 
and  chattels  or  of  safe  securities  of  every  kind,  or  upon 
mortgage  of  real  estate  ;  and  all  the  pow^ers  and  privileges  Powers  and 
necessary  for  the  execution  of  these  purposes  are  granted,  '^""'^*' 
with  all  the  powders  and  privileges  and  subject  to  all  the 


82 


1888.  —  Chapter  108. 


Capital  stock 
and  shares. 


May  borrow 
money,  not 
exceeding 
amount  of 
capital  paid  in. 
Directors  to  be 
chosen  as  by- 
laws prescribe. 


Loans  to  be  for 
a  time  fixed, 
and  not  more 
than  one  year. 


Article  pledged, 
name,  rate  of 
compensation, 
etc.,  to  be  in- 
scribed upon  a 
card  furnished. 


To  be  under 
supervision  of 
the  commission 
ers  of  savings 
banks. 


duties,  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. 

Sectiox  2.  The  capital  stock  of  said  corporation  shall 
be  twenty- five  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  and  to  be  paid  for  at  such 
times  and  in  such  manner  as  the  board  of  directors  shall 
decide,  provided  that  no  business  shall  be  transacted  by 
said  corporation  until  said  amount  of  twenty-five  thousand 
dollars  is  subscribed  for  and  actually  paid  in ;  and  no 
certificate  of  shares  shall  be  issued  until  the  par  value  of 
such  shares  shall  have  actually  been  paid  in,  in  cash. 
The  said  corporation  may  increase  its  capital  stock  from 
time  to  time  until  the  same  amounts  to  five  hundred  thou- 
sand dollars. 

Sectiox  3.  Said  corporation  is  hereby  authorized  to 
Ijorrow  money  on  its  own  notes  not  exceeding  the  amount  of 
its  capital  paid  in,  and  for  periods  not  exceeding  one  year. 

Section  4.  The  government  of  said  corporation  shall 
be  in  a  board  of  directors,  chosen  as  the  by-laws  may 
prescribe,  conformably  to  law,  provided  however,  that 
one  director  shall  be  appointed  by  the  governor  of  the 
Commonwealth  and  one  shall  be  appointed  by  the  mayor 
of  the  city  of  Boston. 

Section  5.  All  loans  shall  be  for  a  time  fixed,  and 
not  more  than  one  year,  and  the  mortgagor  or  pledgor 
shall  have  a  right  to  redeem  his  property  mortgaged  or 
pledged  at  any  time  before  it  is  sold,  in  pursuance  of  the 
contract  between  the  parties,  or  before  the  right  of 
redemption  is  foreclosed,  on  payment  of  the  loan  and 
rate  of  compensation  to  the  time  of  the  offer  to  redeem. 

Section  6.  The  corporation  shall  give  to  each  pledgor 
a  card  inscribed  with  the  name  of  the  corporation,  the 
article  or  articles  pledged,  the  name  of  the  pledgor,  the 
amount  of  the  loan,  the  rate  of  compensation,  the  date 
when  made,  the  date  when  payable,  and  the  page  of  the 
book  where  recorded. 

Section  7.  The  commissioners  of  savings  banks  shall 
have  access  to  the  vaults,  books  and  papers  of  the  com- 
pany, and  it  shall  be  their  duty  to  inspect,  examine  and 
inquire  into  its  aftairs,  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 


Chap.l09 


1888.  — Chapters  109,  110.  83 

general  laws  which  are  now  or  hereafter  may  be  in  force 
relating  to  such  institutions  in  this  regard.  The  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  liabilities  and  the 
different  kinds  of  its  assets,  stating  the  amounts  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  commissioners  ;  provided  however,  that  said 
commissioners  may  cause  any  examination  to  be  made  by 
an  expert  under  their  direction,  but  at  the  expense  of  the 
corporation.  Ajiproved  March  8,  1888. 

An  Act  to  amend  the  act  of  incorporation  of  mount  hol- 
yoke  female  seminary. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  name  of  the  Trustees  of  Mount  Hoi-  Namechauged. 
yoke    Female    Seminary  is  changed  to   The  Trustees   of 
Mount  Holyoke  Seminary  and  College. 

Section  2.  The  corporation  of  Mount  Holyoke  Semi-  May  confer  de- 
nary and  College  is  hereby  authorized  to  grant  such 
honorary  testimonials,  and  confer  such  honors,  degrees 
and  diplomas  as  are  granted  or  conferred  by  any  univer- 
sity, college  or  seminary  of  learning  in  this  Common- 
wealth ;  and  the  diplomas  so  granted  shall  entitle  the 
possessors  to  the  immunities  and  privileges  allowed  by 
usage  or  statute  to  the  possessors  of  like  diplomas  from 
any  university,  college  or  seminary  of  learning  in  this 
Commonwealth  :  jDvovided,  nevertheless,  that  no  such  hon-  Proviso, 
ors,  degrees  or  diplomas  shall  be  conferred  except  b}^  the 
vote  of  a  majority  of  the  trustees  of  said  corporation. 

Approved  March  8,  1888. 

An  Act  to  establish  the  salary  of  the  justice  of  the  police  nij^j^^  1  1Q 

court   of   LAWRENCE.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   salary  of  the  justice    of  the  police  saiaryof 
court  of  Lawrence  shall  be  two  thousand  dollars  a  year  ^"*"'''^" 
beginning  with  the  first  day  of  January  in  the  year  one 
thousand  eight  hundred  and  eighty-eight. 

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

Approved  March  8,  1888. 


84  1888.  —  Chapters  111,  112,  113. 


ChaV.Wl   ^    -^^'^    '^'^   CHAXGE   THE   NAME   OF    THE   TRUSTEES   OF    THE    HOME 
FOR   AGED   FEMALES   IN  THE   CITY   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Name  changed.  SECTION  1.  The  name  of  the  corporatioii  Organized  in 
the  year  eighteen  hundred  and  sixty-nine  under  the  name 
of  the  Trustees  of  the  Home  for  Aged  Females  in  the  City 
of  Worcester  is  hereby  changed  to  The  Trustees  of  the 
Home  for  Aged  "Women  in  the  City  of  Worcester. 

Officers  of  cor-      Sectiox  2.     All  the  officers  of  said  corporation  shall 

poration  to  con-  ,.  j.      i      i  i  i  •  j-i      •  ^'  ai 

tinue  in  office,  coiitiiiue  to  hold  and  exercise  their  respective  omces  in 
the  same  manner  they  would  or  could  have  done  had  not 
the  name  of  said  corporation  been  changed. 
Rights  not  for-  Section  3.  Nothing  contained  in  this  act  shall  work  a 
surrender  or  forfeiture  of  any  property,  rights,  privileges 
or  powers  of  said  corporation. 

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

Approved  March  S,  1888. 


feited. 


Chajp.m 


An  Act  to  establish  the  salary  of  the  judge  of  probate 
and  insolvency  for  the  county  of  essex. 

Be  it  enacted,  etc. ,  as  follows : 

Salary  of  judge.      SECTION  1.     The  Salary  of  the  judge  of  probate  and 

insolvency  for  the  county  of  Essex  shall    be  thirty-five 

hundred  dollars  a  year  beginning  with  the  first  day  of 

January  in  the  year  eighteen  hundred  and  eighty-eight. 

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

Approved  March  8,  1888. 


(7^.029.113 


An   Act    to   divide    the   district  police   force  into    two 
departments. 
Be  it  enacted,  etc.,  as  folloios: 


District  police  The  district  police  force  is  hereby  divided  into  two 
iniotwo  depart-  departments,  which  shall  be  known  respectively  as  the 
ments.  inspectioii  department   and   the  detective  department  of 

said  force.  The  inspection  department  shall  consist  of 
the  ten  members  of  said  force  now  appointed  accordino-  to 
law  to  act  as  inspectors  of  factories  and  public  buildings, 
together  with  the  chief  of  said  force  ;  the  detective  depart- 
ment shall  consist  of  the  remaining  eleven  members  of 
said  force,  together  with  said  chief.  The  chief  of  said 
district  police  force  shall  be  the  head  of  each  of  said 
departments.  No  member  of  the  inspection  department 
of  said  district  police  force  shall  be  called  upon  to  perform 


1888.  —  Chapters  114,  115.  .         85 

an}'-  other  duties  than  those  pertaining  to  the  office  of 
inspector  of  factories  and  public  buildings,  unless  his 
services  are  commanded  by  the  governor  as  provided  by 
law  in  suppressing  riots  and  in  preserving  the  peace  ;  but 
the  members  of  said  inspection  department  shall  continue 
to  have  and  exercise  all  powers  now  given  by  law  to 
members  of  said  district  police  force.  Vacancies  in  either  vacancies. 
of  said  departments  shall  be  filled  by  appointment  to  the 
department  in  which  the  vacancy  occurs. 

Approved  March  8,  1888. 

An  Act  to  amend  section  nineteen  of  chapter  fifty-two  of  nj^f^j^  114. 

THE  PUBLIC  STATUTES,  RELATING  TO  NOTICES  IN,  AND  JURISDICTION  ^ 

OF,   CASES   OF  INJURIES   RECEIVED   ON   HIGHWAYS. 

Be  it  eyiacted,  etc. ,  as  Jolloivs  : 

Section  1.     Section  nineteen  of  chapter  fifty-two  of  J""«'''ftio?  ?f 

i  ■,  .   ^         ,  ™  cases  or  injuries 

the  Public  Statutes,  as  amended  by  chapter  thirty-six  of  received  on 
the  acts  of  the  year  eighteen  hundred  and  eighty-two,  is  '^  ^^^^' 
hereby  further  amended  by  striking  out  the  words  "  in 
the  superior  court"  in  the  seventh  line  thereof,  so  that 
said  section  as  amended  shall  read  as  follows  :  —  Section 
19.  A  person  so  injured  shall  within  thirty  days  there- 
after give  to  the  county,  town,  place  or  persons  by  law 
obliged  to  keep  said  highway,  townway,  causeway,  or 
bridge  in  repair,  notice  of  the  time,  place,  and  cause  of  the 
said  injury  or  damage  ;  and  if  the  said  county,  town, 
place,  or  persons  do  not  pay  the  amount  thereof,  he  may 
within  two  years  after  the  date  of  said  injury  or  damage 
bring  an  action  of  tort  against  said  county,  town,  place, 
or  persons  to  recover  the  same.  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  injury  :  provided,  ^''o^'iso- 
that  it  is  shown  that  there  was  no  intention  to  mislead, 
and  that  the  party  entitled  to  notice  was  not  in  fact  mislbd 
thereby. 

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

Approved  March  5,  1888. 

An  Act  to  establish  the  salaries  of  the  first  and  second  (JJidrt^W^ 

CLERKS   of   the   BUREAU   OF   STATISTICS   OF   LABOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  first  clerk  of  the  bureau  salaries  estab- 
of  statistics  of  labor  shall  be  eighteen  hundred  dollars 


86  1888.  — Chapters  116,  117. 

per  annum,  and  of  the  second  clerk  fifteen  hundred  dol- 
lars per  annum,  beginninp:  with  the  first  day  of  January 
in  the  year  eighteen  hundred  and  eighty-eight,  and  at  the 
same  rate  for  any  portion  of  a  year. 

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

Approved  3farch  8,  1888. 


Chan  116  ^  ^^^  ^*^  amend  section  thirteen  of  chapter  one  hundred 

AND   SIX  OF  the   public  STATUTES,  RELATING  TO  THE    FORMATION 
OF  CERTAIN   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows : 

Corporations  Section  1.     Scc'tiou  thirteen  of  chapter  one  hundred 

hotels^  or"biii Id-  aiid  six  of  the  Public  Statutes  is  hereby  amended  so  as  to 
faftuH^ng.^fc"""  ^cad  as  follows  :  —  Section  13.  For  the  purpose  of  erect- 
purposes.  jj-^g  r^^^  maintaining  a  hotel,  public  hall,  or  building  for 

manufacturing  or  mechanical  purposes,  three  or  more 
persons  may  associate  themselves,  with  a  capital  of  not 
less  than  five  thousand,  nor  more  than  five  hundred  thou- 
sand dollars,  but  with  no  power  to  engage  in  the  business 
of  keeping  a  hotel. 

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

Approved  March  9,  1888. 


Chap.m 


An  Act  to  incorporate  the  vinetard  haven  gas  and  elec- 
tric   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 


Vineyard  Sectiox  1.     Orsoii  G.  Stanley,  HaiTy  Castcllo,  Gcorge 

EiTcuicCom-  W.  Walker,  their  associates  and  successors,  are  hereby 
railed .'°°°'^^°  made  a  corporation  by  the  name  of  the  Vineyard  Haven 
Gas  and  Electric  Company,  for  the  purpose  of  making 
and  distributing  gas  for  lighting,  heating,  cooking,  chemi- 
cal, and  mechanical  purposes,  generating  and  furnishing 
electricity  for  purposes  of  light  and  power,  and  supplying 
the  same  to  the  inhabitants  of  the  town  of  Tisbury. 
May  dig  up  Sectiox  2.     The  Said  corporatiou  liaviug  first  obtained 

w°y8"with''con-  tlio  couscnt  of  the  selectmen  of  said  town  of  Tisbury,  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  necessary  for  the  pur- 
pose of  laying  its  lines  of  wire,  pipes  or  other  conduits, 
to  carry  into  effect  the  authority  hereby  given,  and  for 
the  purpose  of  keeping  the  said  lines  in  repair ;  and  to 
erect  and  maintain  lines  of  wire  upon  or  al)ove  the  surface 


sent  of  select- 
men 


1888.  —  Chapter  117.  87 

of  said  streets  and  ways  ;  but  such  consent  shall  not  affect  s^^-h^'^Xof 
the  ri-ht  to  recover  damages  for  an  injury  to  person  or  ^^^^t  J-— 
property  caused  by  the  doings  of  said  corporation  under 
the  authority  herein  given.  The  said  corporation  shall 
put  all  streets  or  ways  which  are  so  opened  by  it  into  as 
good  repair  as  they  were  in  immediately  prior  to  such 
opening,  and  upon  failure  to  do  so  within  a  reasonable 
time  slitill  be  deemed  guilty  of  maintaining  a  nuisance. 

Section  3.  When  a  party  injured  in  his  person  or  f^-'j/- 
property  by  a  defect  or  want  of  repair  m  a  street  or  way,  costs. 
caused  by  the  operations  of  said  corporation  in  laying 
down,  erecting,  maintaining  or  repairing  its  lines  of  wire, 
pipes  or  other  conduits,  or  in  otherwise  obstructing  such 
streets  or  ways,  recovers  damages  therefor  of  the  said 
town  of  Tisbury,  said  town  shall  in  addition  to  the  dam- 
ao-es  so  recovered  against  it,  be  entitled  to  recover  all 
taxable  costs  of  the  plaintiff  and  defendant  in  the  same 
action  in  a  suit  brouoht  against  said  corporation,  if  said 
corporation  be  liable  "lor  said  damages  and  if  reasonable 
notice  shall  have  been  given  to  it  bysaid  town  so  that  it 
mio-ht  have  defended  the  original  action. 

Section  4.     The  selectmen  of  said  town  of  Tisbury  may  8|i-rdor| 
regulate,  restrict  and  control  all  acts  and  doings  of  said  of  corporation. 
corporation  which  may  in  any  way  affect  the  health,  safety, 
convenience  or  property  of  the  inhabitants  of  said  town. 

Section  5.     The  said  corporation  may,  for  the  pur-  f^^^^f^^ 
poses  set  forth  in  this  act,  hold  real  estate  not  exceeding  andehareB. 
twenty  thousand  dollars  in  value  ;  and  the  whole  capital 
stock  of  said  corporation  shall  not  exceed  the  sum  of  fifty 
thousand  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each.     The  said  corporation  may  issue  bonds  bear-  May  i-ue 
ing  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,  to  an  amount  not  in  excess  of  its  capital  stock 
actually  paid  in  and  applied  to  the  purposes  of  its  incor- 
poration, and  may  secure  the  same  by  a  mortgage  of  its 
franchise  and  property. 

Section  6.  Except  as  is  hereinbefore  expressly  pro-  Powers  and 
vided  said  corporation  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties,  restrictions 
and  liabilities,  set  fortli  in  all  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  gas  and  electric 
light  companies. 

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

Approved  March  9,  1888. 


duties. 


88  1888.  — Chapters  118,  119. 


(7/i«7).118  ^  ^^'^   "^^  CHANGE  THE  NAME  OF  THE  TEMPORARY  HOME  FOR  THE 

DESTITUTE. 

Be  it  enacted,  etc.,  as  follows: 
Name  changed.       SECTION  1.     The  name  of  the  cliai'itable  societj  known 
as   The   Temporary  Home  for   the   Destitute   is   hereby 
changed  to  and  shall  hereafter  be  The  Gwynne  Temporary 
Home  for  Children. 

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

Approved  March  9,  1888. 

Chan  119  "^  ^^^  ^*^  enlarge  the  purposes  of  the  williams  market 
^  corporation  of  boston,  and  to  authorize  the  issue  of  addi- 

tional STOCK  BY  SAID  CORPORATION. 

Be  it  enacted,  etc. ,  as  folloivs  : 

May  improve  its      Section  1.     The  Williams   Market  may  use  and  im- 
iB'oston.'*  ^ '°      prove  its  real  estate  at  the  corner  of  Dover  and  Washing- 
ton streets  in  the  city  of  Boston,  by  erecting  thereon  a 
building  or  buildings  suitable  in  purposes  and  design  for 
that  locality. 
May  issue  new        SECTION  2.     The   par  valuc  of  sharcs  in  the  capital 
stock,  and  may  stock  of  Said  Williams  Market  already  issued  shall  be  one 
^tlt^^^  "'^     hundred  dollars  each  and  it  may  issue  new  shares  of  the 
same   par  value,  the  whole  number  not  to  exceed  four 
thousand,  and   may  mortgage   its   real  estate  to  secure 
moneys  borrowed  by  it  to  a  sum  not  exceeding  two  hun- 
dred and  fifty  thousand  dollars. 
Property  may         Section  3.     The  real  cstatc  now  owned  by  said  corpo- 

V\g  usen  for  Itiw- 

fui  purposes      ratioH  and  any  buildings  erected  or  hereafter  to  be  erected 
locLm'y.  ""^  *  ^  thereon,   may  be  used,   enjoyed  or  let  for  such   lawful 
purposes  as  may  be  suitable  for  the  locality,  and  as  may 
seem  proper  in  the  judgment  of  the  corporation  or  its 
officers. 
Repeal.  Section  4.     Anything  in  the  act  of  incorporation  of 

said  Williams  Market,  being  chapter  two  hundred  and 
forty-three  of  the  laws  of  eighteen  hundred  and  forty-nine, 
inconsistent  herewith  is  hereby  repealed. 

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

Ajjproved  March  9,  1888. 


1888.  —  Chapters  120,  121.  89 


An  Act  relating  to  the  members  of  the  corpokation  of     njinrt  1 90 

SAVINGS   BANKS.  ^  ' 

5e  it  enacted^  etc. ,  as  follows : 

Section  seventeen  of  chapter  one  hundred  and  sixteen  Any  ciuzeu  of 
of  the  Public  Statutes  is  hereby  amended  so  as  to  read  as  eiectedTmeni- 
follows  : — Every  such  corporation  ma}'',  at  a  legal  meet-  porauon!' ''°'^' 
ing,  elect  by  ballot  any  citizen  of  this  Commonwealth  to 
be  a  member  thereof ;  and  any  person  may,  at  an  annual 
meeting,  cease  to  be  a  member,  if  he  has  filed  with  the 
treasurer  a  written  notice  of  his  intention  so  to  do  three 
months  at  least  before  such  meeting.     If  a  member  fails  Memberehip 
to  attend  two  consecutive  annual  meetings  his  member-  faiiine'^to"it°end 
ship  shall  be  declared  forfeited  by  vote  of  the  corporation  mletings"""''" 
at  its  next  annual  meeting :  provided,  however,  that  the 
member  shall  be  notified  of  such  proposed  vote  by  letter 
duly  addressed  to  his  last  and  usual  place  of  abode  and 
mailed  at  least  three  months  prior  to  such  annual  meeting. 
Such  action  and  vote  recorded  shall  be  considered  evidence 
of  forfeiture  of  membership.     No  person  shall  continue  Membership  to 
to  be  a  member  after  removing  from  the  Commonwealth.    raovai"F°ora'^the 


Ap'proved  March  9,  1S88. 


Chaj)A2\ 


An   Act   to  authorize   the   town   op  peabodt  to   further 
increase  and  preserve  its  water  supply. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  town  of  Peabody,  for  the  purposes  Town  may  lu- 

£•        •    •  11J'  •  tj.'j.i  j.  i"  crease,  etc.,  its 

or  raLsmg,  holding,  preservmg  and  storing  the  waters  oi  water  supply. 

Spring  pond  situated  in  said  town  and  in  the  cities  of 

Salem  and  Lynn,  and  the  waters  of  Brown's  pond  situated 

in  said  town,  for  the  use  and  supply  of  said  town,  said 

ponds  being  now  sources  of  water  supply  of  said  town,  is 

hereby  authorized  to  stop  up  the  outlets  of  said  ponds,  to 

erect  and  maintain  dams  at  and  across  said  outlets  and 

upon  and  near  the  borders  of  said  ponds,  to  raise  by  said 

dams  the  waters  of  said  ponds  to  any  height  desirable  for 

the  preserving  and  storing  said  waters,  to  retain  and  store 

the  waters  in  said  ponds  and  to  flow  the  lands  situated  on 

and  near  the  borders  of  said  ponds. 

Section  2.     Said  town,  for  the  purposes  aforesaid,  and  ,Yj1S  fa.^ds""'' 
in  the  execution  of  the  powers  hereinbefore  given,  may  water  rights, 
at  any  time  take  and  hold,  by  purchase  or  otherwise,  any 
water  rights  connected  with  said  ponds,  and  also  all  lands, 
rights  of  way  and  easements  necessary  for  raising,  holding. 


90 


1888.  — Chapter  121. 


May  erect  dams, 
buildiugs,  and 
other  stnict- 
urcs. 


To  cause  to  be 
recorded  in  the 
rejiistry  of 
deeds  a  descrip- 
tion of  lands, 
etc..  talion. 


Damages  to  be 
paid  by  the 
town. 


Application  for 
damages. 


purifying,  preserving  and  storing  said  waters  and  convey- 
ing the  same  to  any  part  of  said  town  and  to  the  city  of 
Salem  ;  and  may  erect  and  maintain  on  any  lands  so  taken 
or  held  all  dams,  buildings,  fixtures  and  other  structures 
necessary  or  suitable  for  the  purposes  aforesaid  ;  and  may 
continue  and  maintain  the  dams  and  other  works  already 
erected  by  said  town  on  and  near  the  borders  of  said 
ponds,  subject  to  the  payment  of  any  claim  for  damages 
which  any  person  may  have  for  such  continued  mainte- 
nance until  the  filing  of  the  taking  and  description  pro- 
vided for  in  section  three  of  this  act,  to  be  recovered  as 
hereinafter  provided. 

Section  3.  Said  town  shall,  within  sixty  days  after 
any  taking  of  water  rights,  lands,  rights  of  way  or  ease- 
ments, as  aforesaid,  otherwise  than  by  purchase,  file  and 
cause  to  be  recorded  in  the  registry  of  deeds  in  the  southern 
district  of  the  county  of  Essex  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,  and  also  a 
statement  of  the  height  to  which  said  town  then  intends 
to  raise  said  waters,  signed  by  the  water  board  of  said 
town.  Whenever  the  water  is  raised  above  the  height 
named  in  the  statement  recorded  as  aforesaid,  a  statement 
of  the  height  of  such  proposed  new  raising  of  the  water 
shall  be  signed  by  said  water  board  and  filed  and  recorded 
in  said  registry  within  sixty  days  after  such  increased 
raising  is  begun. 

Section  4.  Said  town  shall  pay  all  damages  sustained 
by  any  person  in  his  property,  by  the  taking  of  any  water 
right,  land,  right  of  way  or  easement,  or  by  any  other 
thing  done  by  said  town,  under  the  authority  of  this  act. 
Any  person  sustaining  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  town  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken  for  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,  or  in  case  of  a  new  raising  of  the 
water  as  hereinbefore  provided  for,  within  three  years 
from  the  filing  of  notice  of  such  new  raising ;  but  no  such 
application  shall  be  made  after  the  expiration  of  said  three 
years.  Any  person  asking  for  the  assessment  of  damages 
under  the  provisions  of  this  act  may  include,  at  his  option, 


1888.  — Chapter  121.  91 

in  his  petition,  any  claim  for  damages  sustained  by  him 
in  his  property  by  the  acts  and  doings  of  said  town  in 
raising  the  waters  of  said  ponds,  or  either  of  them,  or  in 
the  erection  of  dams  or  other  structures  upon  the  land  of 
the  petitioner  for  the  purpose  of  raising  or  controlling  the 
waters  of  said  ponds,  before  the  passage  of  this  act,  and 
any  award  made  or  verdict  rendered  on  such  petition,  and 
judgment  thereon,  shall  l)e  a  complete  bar  to  a  recovery 
for  such  damages  by  any  other  action  or  remedy. 

Section  5 .     For  the  i:)urpose  of  defra vino-  the  cost  and  Town  may  issue 

^  *^       o  Donds,  ct(*. 

expenses  which  may  be  incurred  in  any  work  or  taking  of 
property,   under  the  provisions  of  this  act,   said  town, 
through  its  treasurer,  shall  have  authority  to  issue  from 
time   to  time  promissory  notes  or  bonds,  to  an  amount 
sufficient  for  said  purpose,  bearing  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum,  the  principal  paya- 
ble at  periods  not  more  than  thirty  years  from  the  issuing 
of  said  notes  or  bonds.     Said  town  may  sell  the   same  or  >[ay  seii  bonds, 
any  part  thereof  from  time  to  time,  or  pledge  the  same  or^'iiva'tepaie. 
for  money  borrowed  for  the  purpose  aforesaid,  on  such 
terms  and  conditions  as  it  may  deem  proper.     Said  town  To  provide  for 
shall  make  appropriations  and  assess  from  time  to  time  fntereli  and 
such  amounts  as  may  be  necessary  to  pay  the  interest  on  p""*"?"'- 
said  loans  and  the  principal  at  the  maturity  of  said  notes 
or  bonds. 

Section  6.     All    the    rights,    powers    and    authority  Powers  to  be 
granted  to  said  town  l)y  this  act,  and  not  otherwise  specifi-  waTe" board\ 
cally  provided  for,  shall  be  exercised  hy  said  town  by  its 
water  board,  who  shall  be  subject  however  to  any  instruc- 
tions, rules  and  regulations  which  said  town  may  impose 
by  its  vote. 

Section  7.     Nothing  contained    in  this  act    shall    be  Rights  in  favor 
construed  to  take  away  or  in  any  way  to  abridge  or  impair  t'owif^Iotim'^ 
any  power  or  right  now  possessed   by  said  town,  nor  to  p^^™^- 
affect  any  claim  for  damages  that  any  person  may  now 
have  against  said  town,  nor  any  case  now  pending,  except 
as  hereinbefore  provided  in  the  last  paragraph  of  section 
four. 

Section  8.     This  act  shall  take  effect  upon  its  passage,  subject  to  ac 
and  shall  become  void  unless  accepted  within  six  months  m^^oHty  vote 
by  a  majority  vote  of  the  legal  voters  of  said  town   pres-  ^oniha*''' 
ent  and  voting  at  a  legal  meeting  called  for  that  purpose  ; 
and  no  more  than  three  meetinos  shall  l^e  called  for  said 
l)urpose.  Approved  March  12,  1888. 


92  1888.  — Chapters  122,  123,  124. 


Ckap.122  ^  ACT  TO  An 

TTJt*       A  VXTTT  A  T 


JTHORIZE    THE    PRIKTING   OF    ADDITIONAL   COPIES   OF 
THE  ANNUAL   REPORT   OF  THE   BOARD   OF   GAS   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Additional  Sectiox  1 .     Scction  two  of  chaptci"  three  hundred  and 

annual  reports    fortv-six  of  the  acts  of  the  year  one  thousand  eight  hun- 

to  be  punted,     ^^q^  q^jt^^  elghtj-six  is  hereby  amended  by  striking  out 

the    words  ' '  fifteen    hundred "  in  the  twenty-sixth   line 

thereof  and  by  inserting  in  phice  thereof  the  words  :  — 

three  thousand. 

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

Approved  March  12,  1888. 

OA<?/?.123  -^   ^^^    RELATIVE    TO    THE    PREPARATION    AND  REVISION   OF    THE 
LIST   OF  JCRORS   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows : 
Preparation  and      SECTION  1.     When   the  Hst  of  iurors  in  the  city  of 

rGvision  of  the 

list  of  jurors.  Bostou  is  Submitted  by  the  board  of  registrars  of  voters 
to  the  board  of  aldermen  of  said  city,  in  accordance  with 
section  twenty-four  of  chapter  one  hundred  and  seventy 
of  the  Public  Statutes,  for  their  revision  and  acceptance, 
the  board  of  aldermen  on  such  revision  may  strike  anj^ 
names  therefrom  but  shall  not  add  names  thereto.  If  the 
list  so  revised  and  accepted  shall  include  less  than  one 
juror  for  every  hundred  inhabitants  of  the  said  city,  the 
said  board  of  registrars  shall  prepare,  post,  and  submit 
to  the  board  of  aldermen  a  further  list  or  lists  and  like 
proceedings  thereon  shall  be  had  as  in  the  case  of  the 
original  list,  until  the  number  of  jurors  required  by  law 
is  obtained. 

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

Approved  March  12,  1888. 


ChaV. 1l2i4:  ^^  '^^^    ^^  authorize    THE    CITST    OF    TAUNTON    TO   INCREASE    ITS 

WATER   LOAN. 

Be  it  enacted,  etc.,  as  folloivs : 

City  may  in-  Section  1 .     The    city   of  Taunton   for   the    purposes 

[oan^*'''"  mentioned  in  chapter  two  hundred  and  seventeen  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-five,  and 
chapter  seventy-four  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty,  may  is.sue  scrip,  notes,  bonds,  or  certifi- 
cates of  debt  to  be  denominated  on  the  face  thereof 
Taunton  Water  Loan,  to  an  amount  not  exceeding  one 


1888.  — Chapter  125.  93 

hundred  thousand  dollars,  in  addition  to  the  amounts 
which  said  city  is  now  authorized  to  issue,  payable  at 
periods  not  exceeding  thirty  years  from  the  date  of  issue, 
and,  except  as  herein  otherwise  provided,  to  be  issued  on 
the  same  terms  and  conditions  and  with  the  same  powers 
as  are  provided  in  said  chapter  two  hundred  and  seventeen 
for  the  issue  of  notes,  scrip,  or  certificates  of  debt  of  said 
city  :  provided,  that  the  whole  amount  of  such  water  scrip,  Proviso, 
notes,  bonds,  or  certificates  of  debt  issued  by  said  city 
for  the  purposes  of  said  water  loan  hereunder  and  under 
said  chapter  two  hundred  and  seventeen  and  the  acts  in 
addition  thereto,  shall  not  in  any  event  exceed  the  amount 
of  six  hundred  and  fifty  thousand  dollars. 

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

Approved  March  12,  1888. 

An  Act  to  incorpokate  the  boston  real  estate  association  rij^^y,  -i  9,- 

OF  BOSTON.  y  .     -I 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     Frederick  E.  Hurd,  James  E.  Fitzgerald,  |°f^t°g°j^/go^^ 
James  H.  Carney,  Thomas  J.  Monao;han,  John  A.  Barry,  uonof  Bostou 

ii      .  •    J.  ^  V  1  1  incorporated. 

their  associates  and  successors,  are  hereby  made  a  corpo- 
ration for  the  term  of  fifty  years  from  the  date  of  the 
passage  of  this  act,  by  the  name  of  the  Boston  Real  Estate 
Association  of  Boston,  for  the  purpose  of  buying,  selling, 
leasing  and  improving  real  estate  in  the  counties  of  Suffolk 
and  Norfolk  to  an  amount  not  exceeding  one  hundred 
thousand  dollars  in  value,  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  powers  and 
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  ^"^"1'^',^^^'' 
not  exceed  one  hundred  thousand  dollars  and  shall  be 
divided  into  shares  of  one  hundred  dollars  each  :  provided, 
that  said  corporation  shall  not  transact  any  business  until 
at  least  five  thousand  dollars  in  money  shall  have  been 
paid  in ;  and  jjrovided,  that  no  share  of  stock  shall  be 
issued  until  the  par  value  in  money  of  the  same  shall  have 
been  fully  paid  in. 

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

Approved  March  12,  1888. 


94  1888.  —  Chapters  126,  127. 


Chan  126  ^^  ^^^  ^^^  ^^^   protection  of  the   shad  fisheries  in    mill 

RIVER   AND   ITS   TRIBUTARIES   IN   THE   TOWN    OF   ESSEX. 

Be  it  enacted,  etc.,  as  follows: 
Shad  not  to  be         Sectiox   1.     No   nersoii  .sliall  take,  catch  or  cause  to 

taki-u  uulil  July  ,^,  ,  --tr-ii 

1,  i>;92.  be  taken   or  caught,   by  any  means  whatsoever,  in    Mill 

river  or  any  of  its  tributaries  in  the  town  of  Essex,  or  the 
ponds  or  connecting  streams  out  of  Avhich  said  river  and 
tributaries  may  flow,  any  of  the  fish  called  shad,  until  the 
first  day  of  July  in  the  year  eighteen  hundred  and  ninety- 
two. 
owiiersof  dams       Sectiox  2.     The  owners  and  proprietors  of  all  dams 
luhwiys'!'"        on  said  Mill  river  and  its  tributaries  are  hereby  required 
to  maintain  fish  ways  over  or  around  said  dams,  and  these 
tishways  shall  be  subject  to  all  the  powers  given  to  the 
commissioners  of  inland   fisheries  under  the  laws  of  the 
Commonwealth . 
Penalties.  SECTION  3.     Ally  pci'soii  oftendiiig  against  the  provi- 

sion of  section  one  of  this  act  shall  forfeit  for  each  shad 
taken,  caught  or  destroyed,  not  less  than  five  nor  more 
than  ten  dollars. 
Fines  may  be  Sectiox  4.     All  fiiics  and  penalties  for  violatioii  of  tliis 

lny°courtof  act,  wltli  costs,  ma}^  be  recovered  by  complaint,  or  action 
cH^i^n'TifEsslx  of  tort,  in  any  court  of  competent  jurisdiction  in  the 
county.  county  of  Essex. 

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

Approved  March  13,  1888. 


Ohnn  127   ^^   ^^^  ^^   AMEND    SECTIONS    FORTY  AND   FORTY-ONE   OF  CHAPTER 
''  *  ONE  HUNDRED   AND   SIXTEEN  OF  THE    PUBLIC   STATUTES  RELATING 

TO   THE   ANNUAL   REPORTS   OF   SAVINGS    BANKS  AND   INSTITUTIONS 
FOR  SAVINGS. 

Be  it  enacted,  etc.,  as  follows: 
I'orm  of  annual       Scctions  fortv  and    fortv-one  of  chapter  one  hundred 

reports  of  ./  ..  _  _      _ 


etc 


savings  banks,  and  sixtecu  of  the  Public  Statutes  are  hereby  amended  so 
as  to  read  :  —  Section  40.  The  treasurer  of  every  such 
corporation  shall  annually  within  twenty  days  after  the 
last  business  day  of  October  make  a  report  to  the  com- 
missioners showing  accurately  the  condition  thereof  at  the 
close  of  business  on  said  day.  The  report  shall  be  in  such 
form'as  the  commissioners  shall  prescribe  and  shall  specify 
the  following  particulars  :  namely,  Name  of  corporation 
and  number  of  corporators  ;  place  where  located  ;  amount 
of  deposits  ;    amount    of  each  item  of  other  liabilities  ; 


1888.  — Chapter  127.  95 

public  funds,  including  all  United  States,  state,  county.  Form  of 
city  and  town  bonds,  stating  each  particular  kind,  the  par  amuiai  reports. 
value,  estimated  market  value  and  amount  invested  in 
each;  loans  on  public  funds,  stating  amount  on  each; 
bank  stock,  stating  par  value,  estimated  market  value  and 
amount  invested  in  each ;  loans  on  bank  stock,  stating 
amount  on  each ;  railroad  bonds,  stating  par  value,  esti- 
mated market  value  and  amount  invested  in  each  ;  loans 
on  railroad  bonds,  stating  amount  on  each;  estimated 
value  of  real  estate,  and  amount  invested  therein  ;  loans  on 
mortgage  of  real  estate ;  loans  to  counties,  cities  or 
towns  ;  loans  on  personal  security ;  cash  on  deposit  in 
banks,  with  the  names  of  such  banks  and  the  amount 
deposited  in  each  ;  cash  on  hand ;  the  whole  amount  of 
interest  or  profits  received  or  earned,  and  the  rate  and 
amount  of  each  semi-annual  and  extra  dividend  for  the 
previous  year ;  the  times  for  the  dividends  fixed  by  the 
by-laws  ;  the  rates  of  interest  received  on  loans  ;  the  total 
amount  of  loans  bearing  each  specified  rate  of  interest ; 
the  number  of  outstanding  loans  which  are  of  an  amount 
not  exceeding  three  thousand  dollars  each,  and  the  aggre- 
gate amount  of  the  same  ;  the  number  of  open  accounts  ; 
also  the  number  and  amount  of  deposits  received ;  the 
number  and  amount  of  withdrawals ;  the  numl)er  of 
accounts  opened,  and  the  num1)er  of  accounts  closed,  sev- 
erally, for  the  previous  year ;  and  the  annual  expenses  of 
the  corporation ;  all  of  which  shall  be  certified  and  sworn 
to  by  the  treasurer.  The  president  and  five  or  more  of 
the  trustees  shall  certify  and  make  oath  that  the  report  is 
correct  accordino;  to  their  best  knowledge  and  belief. 
Section  41.  Beginning  with  the  year  ending  with  the  Reports  to 
last  business  day  of  October  eighteen  hundred  and  eighty-  aird'iiraouDi'"ot 
nine  and  annually  thereafter  such  reports  shall  also  state  ''^posits,  etc. 
the  number  and  amount  of  deposits  of  fifty  dollars  and 
less,  of  those  exceeding  fifty  dollars  and  not  more  than 
one  hundred  dollars,  of  those  exceeding  one  hundred  dol- 
lars and  not  more  than  two  hundred  dollars,  of  those 
exceeding  two  hundred  dollars  and  not  more  than  five 
hundred  dollars,  of  those  exceeding  five  hundred  dollars 
and  less  than  one  thousand  dollars,  of  those  of  one  thou- 
sand dollars  or  more  ;  and  of  those  to  the  credit  of  women, 
both  adult  and  minor,  guardians,  religious  and  charitable 
associations,  and  in  trust,  respectively,  received  during 
the  year.  Approved  March  13,  1888. 


96 


1888.  —  Chapters  128,  129. 


Chan  128  '^^  "^^'^  ^^  enable  the  city  of  Gloucester 

NOTES,  OR  SCRIP   FOR   THE   PAYMENT   OF  ITS   I 


TO   ISSUE    BONDS, 
S   INDEBTEDNESS. 


City  may  issue 
bonds,  etc.,  for 
payment  of  its 
indebleUness. 


Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  city  of  Gloucester  for  the  purpose  of 
paymg  and  refunding  indebtedness  already  incurred  or 
authorized  by  said  city  may,  from  time  to  time,  issue 
bonds,  notes,  or  scrip  to  an  amount  not  exceeding  one 
hundred  and  sixty  thousand  dollars,  payable  in  periods 
not  exceeding  twenty  years  from  the  date  of  issue,  and 
bearing  interest  at  rates  not  exceeding  four  per  cent,  per 
annum,  but  the  provisions  of  chapter  twenty-nine  of  the 
Public  Statutes,  and  of  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four,  shall  in  all  other  respects  apply  to  the  issue  of  said 
bonds,  notes,  or  scrip  and  to  the  establishment  of  a  sink- 
ing fund  for  the  payment  thereof  at  maturity. 

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

Approved  March  13,  18S8. 


Chap.129 


Water  supply 
for  the  village 
of  Manslield. 


Acts  not  to  be 
invalid  by 
reason  of  in- 
formality, etc. 


An  Act  to  further  amend  an  act  to  supply  the  village  of 
mansfield  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
forty-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven,  which  defines  and  describes  the  Mansfield 
water  supply  district,  is  hereby  substituted  for  section 
one  of  chapter  three  hundred  and  thirty-six  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-six,  which  last- 
named  section  was  repealed  by  section  two  of  said  chap- 
ter one  hundred  and  forty-one  ;  and  all  the  references  and 
allusions  in  said  chapter  three  hundred  and  thirty-six,  to 
"  said  district",  "  said  water  supply  district",  and  "  said 
Mansfield  water  supply  district",  shall  be  construed  and 
interpreted  as  applying  to  the  district  defined  and  de- 
scribed in  said  section  one  of  chapter  one  hundred  and 
forty-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven. 

Section  2.  The  doings  and  proceedings  of  the  inhab- 
itants of  the  ISIansfield  water  supply  district,  as  described 
in  either  of  said  acts,  in  acceptance  and  pursuance  of  the 
provisions  of  chapter  three  hundred  and  thirty-six  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six  and  of 


1888.  —  Chapters  130,  131.  97 

chapter  one  hundred  and  forty-one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven,  shall  not  be  deemed 
invalid  for  the  reason  that  any  informality  or  omission  in 
the  wording  of  said  acts  tends  or  operates  to  invalidate 
or   annul   the   intent  and  scope  of  said  acts.     And   all  i>oi"g«  and  pro. 

n  T  ^I'li-  I'         •  1     T    J.    •    J.  ceedmgs  rati- 

doings  and  proceedmgs  oi  the  inhabitants  oi  said  district  tied. 
and  of  its  officers  and  agents  done  and  had  in  pursuance 
of  the  provisions  or  in  carrying  out  the  purposes  of  said 
acts  are  hereby  ratitied,  established,  confirmed  and  made 
valid,  and  the  same  shall  be  taken  and  deemed  to  be 
good  and  valid  in  law  to  all  intents  and  purposes  what- 
soever. 

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

Approved  March  13, 1888. 

An  Act  to  amend  an  act  to  incorporate  the  newburyport  nj^Q^  ISO 

AND   AMESBURT   HORSE   RAILROAD   COMPANY.  " 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     Section  one  of  chapter  fifty-three  of  the  May  extend 
acts  of  the  year  eighteen  hundred  and  sixty-four  is  hereby  gu^Jlt^sretc,  in 
amended  by  adding  at  the  end  thereof  the  following  :  —  ^^^J^^^  s°ubjl;e"to 
thence  over  and  upon  such  of  the  streets  and  highways  of  control  ot  tiie 
the  town  of  Merrimac  as  may  be  from  time  to  time  fixed 
and  determined  by  the  selectmen  of  said  town. 

Section  2.     Section  two  of  chapter  fifty-three  of  the  Repeal, 
acts  of  the  year  eighteen  hundred  and  sixty-four  is  hereby 
repealed. 

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

Approved  March  13,  1888. 

An    Act  to  provide  an  additional   water  supply  for  the  nhnrn  VX\ 

TOWN   OF    BROOKLINE.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Brookline  is  hereby  author-  To%yn  may  take 
ized  to  take,  hold  and  convey  into  and  through  said  town  from  charies^ 
from    Charles   river,  at  any  convenient  point  upon  the  "'""^' 
same,  water  for  the  use  of  said  town  and  the  inhabitants 
thereof,  not  exceeding  one  and  one-half  millions  of  gal- 
lons daily  in  addition  to  the  one  and  one-half  millions  gal- 
lons daily  which  it  is  now  authorized  to  take  by  chapter 
three  hundred  and  forty-three  of  the  acts  of  the  year  eight- 
een hundred  and  seventy-two,  making  the  whole  quantity 
said  town  is  authorized  to  take  three  millions  of  o^allons 


98  1888.  —  Chapters  132,  133. 

daily.  All  the  provisions  of  said  chapter  three  hundred  and 
forty-throe  sliali  api)ly  to  the  additional  one  and  one-half 
millions  of  gallons  daily,  in  the  same  manner  and  to  the 
same  extent  as  said  provisions  apply  to  the  one  and  one- 
half  millions  of  gallons  daily  authorized  to  be  taken  by 
said  chapter  three  hundred  and  forty-three, 
i^rookiine  SECTION   2.     Said   towu   for  tlio   purposcs    mentioned 

not't'ocxceiHi  lierciu  and  in  said  chai)ter  three  hundred  and  forty -three, 
*''"""'*"'"'  may  issue  notes,  scrip,  or  certiticates  of  debt  to  be 
denominated  on  the  face  thereof  Brookline  Water  Scrip 
to  an  amount  not  exceeding  live  hundred  thousand  dollars 
in  addition  to  the  amount  of  seven  hundred  thousand 
dollars  which  said  town  has  been  heretofore  authorized  to 
issue,  to  be  issued  upon  the  same  terms  and  conditions 
and  with  the  same  powers  as  are  granted  in  said  chapter 
three  hundred  and  forty-three  :  provided,  that  the  whole 
amount  of  sucli  notes,  scri}),  or  certiticates  of  del)t  issued 
by  said  town  for  the  })urposes  herein  mentioned  shall  not 
in  any  event  exceed  the  sum  of  twelve  hundred  thousand 
dollars. 
suiij.citoac-  Section  3.     This  act  shall  take  eifect  upon  its  passage, 

two't'ilinu'Voio.  but  shall  become  void  unless  accepted  by  two-thirds  of 
the  legal  voters  of  said  town  present  and  voting  thei'eon, 
at  a  legal  town  meeting  called  for  that  purpose  within  two 
years  from  the  passage  of  this  act. 

Approved  March  13,  ISSS. 


Cliap.l?y2 


An  Act  to  change  the  name  of  the  jeffries  club  of  boston. 
Be  it  enacted,  etc. ,  as  follows : 

xumo  wmn-o.i.  Section  1.  Tlic  naiue  of  tlic  Jcftries  Club  of  Boston, 
incorporated  luider  the  general  laws  of  the  Commonwealth, 
is  hereby  changed  to  the  .Jeffries  Yacht  Clul). 

Section  2.     This  act  shall  take  etfect  ui)on  its  passage. 

Approved  March  13,  ISSS. 


Chap.im 


An  Act  to  authokize  the  sprinofield  home  for  friendless 
women  and  cuildren  to  hold  additional  real  and  per- 
sonal ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
Mnyiioidiui  SECTION    1.      The    Spring-field    Home   for    Friendless 

ilitional  roul 


nmi"iH'r8onai  Wouicu  aud  Children  in  the  city  of  Springfield  is  hereby 
authorized  to  hold  real  and  personal  estate  to  the  amount 
of  one  hundred  and  twenty-five  thousand  dollars. 


eatttt 


1888.  —  Chapteh  134.  99 

Section  2.  The  limitations,  fixed  by  section  two  of  Rep^"'- 
chapter  one  luindred  and  sixty-six  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-five  and  of  chapter  three  hun- 
dred and  lifty-four  of  tlie  acts  of  the  year  eighteen  hundred 
and  seventy,  to  the  amount  of  real  and  personal  estate 
that  may  be  held  by  said  corporation,  are  hereb}^  repealed. 

Section  o.     This  act  shall  take  etl'ect  u})on  its  passage. 

Approved  March  14,  1888. 

An  Act  to  authorize  the  incorpouation  of  laijor  or  trade  p?        -|of 

ORGANIZATIONS.  ^  * 

Be  it  enacted.,  etc.,  as  follows: 

Section  1.  Seven  or  more  persons  within  this  Com- L-abor  or  tmde 
mon wealth,  who  associate  themselves  together  by  such  an  may"bocmnr 
agreement  in  writing  as  is  described  in  section  three  of '"C"ipo'"t''ii- 
chapter  one  hundred  and  lifteen  of  the  Public  Statutes, 
with  the  intention  of  forming  a  corporation  for  the  pur- 
pose of  improving  in  any  lawful  manner  the  condition  of 
any  emploj^ees  in  any  one  or  more  lawful  trades  or  em- 
})loynients,  cither  in  respect  to  their  employment,  or  ])y 
the  promotion  of  education,  temperance,  morality  or  social 
intercourse,  l)y  the  payment  of  benefits  to  members  when 
sick  or  unemployed,  or  to  persons  dependent  upon  deceased 
members,  or  otherwise,  shall,  upon  complying  with  the 
provisions  of  said  chapter  one  hundred  and  fifteen  of  the 
Public  Statutes  and  of  this  act,  be  and  remain  a  corpora- 
tion. The  provisions  of  said  chapter,  so  far  as  not  incon- 
sistent with  this  act,  shall  apply  to  corporations  formed 
under  this  act. 

Section  2.     The  commissioner  of  corporations    shall  Endorsement 

,1  !•  1  .1  j'1'7/.  .  of  certificate  of 

not  endorse  his  approval  upon  the  certihcatc  of  organiza-  orjianization  by 
tion  of  any  corporation  formed  under  this  act  unless  of'crpon.timis. 
satisfied  that  the  agreement  of  association  shows  that  the 
purpose  of  such  cor[)oration  is  a  lawful  one,  nor  unless  satis- 
fied that  its  by-laws  contain  no  })rovision  contrary  to  law, 
and  such  commissioner  may  call  for  the  opinion  of  the 
attorney-general  thereon  ;  nor  shall  such  conmiissioner  so 
endorse  his  approval  unless  satisfied  that  the  by-laws 
conform  to  the  requirements  of  the  two  following  sections 
of  this  act. 

Section  3.     The  by-laws  of  every  corporation  formed  certain  bylaws 
under  this  act  shall  contain  clear  and  distinct  provisions  u'siicd!^ 
in  respect  to  the  following  matters  :  the  manner  of  elect- 
ing or  admitting  new  members  ;  the  manner  of  expelling 


100  1888.  —  Chapter  135. 

members ;  the  officers  of  the  corporation,  with  their 
respective  titles,  duties,  powers  and  terms  of  office;  the 
manner  of  electino-  and  removins:  such  officers  ;  the  num- 
ber  of  members  required  to  constitute  a  quorum  for  the 
transaction  of  business ;  the  manner  of  calling  special 
meetings  of  the  corporation  ;  the  manner  of  rescinding  or 
amending  by-laws  and  making  new  ones  ;  the  purposes  for 
which  the  funds  of  the  corporation  shall  be  applicable ; 
the  purposes  for  which  assessments  may  be  laid  upon 
members  ;  the  conditions  under  which  a  member  or  per- 
sons dependent  on  a  deceased  member,  shall  be  entitled 
to  benefits,  if  any  are  to  be  given  by  the  corporation  ;  the 
manner  in  which  a  fine  or  forfeiture  can  be  imposed  upon 
a  member,  if  any  are  to  be  imposed  by  the  corporation  ; 
the  manner  in  which  the  funds  of  the  corporation  are  to  be 
held,  deposited  or  invested ;  the  manner  in  which  the 
accounts  of  the  treasurer  are  to  be  periodically  audited ; 
and  the  manner  of  voting  upon  shares  of  stock,  if  any 
capital  stock  is  to  be  issued  b}'  the  corporation. 
Amendment  SECTION  4.     No  bv-law  of  a  Corporation  formed  under 

this  act  shall  be  rescinded  or  amended,  and  no  new  by-law 
shall  be  made  unless  notice  of  such  proposed  action  has 
been  given  at  a  previous  meeting  of  the  corporation,  and 
no  such  rescinding,  amendment  or  new  by-law  shall  take 
effect  until  approved  by  the  commissioner  of  corporations 
as  not  inconsistent  with  the  provisions  of  this  act.  No 
member  of  such  corporation  shall  be  expelled  by  vote  of 
less  than  a  majority  of  all  the  members  thereof,  nor  by 
vote  of  less  than  three-quarters  of  the  members  present 
and  voting  upon  such  expulsion.  Every  meml)er  of  such 
corporation  and  every  person  having  an  interest  in  its 
funds  shall  be  entitled  to  examine  its  books  and  records. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1888. 


of  by-laws. 


Chap. 135 


An  Act  to  amexd  sections  ten  and  eleven  of  chapter  two 
hundred  and  three  of  the  public  statutes  relating  to 
the  penalties  for  the  offence  of  burglary. 

Be  it  enacted,  etc.,  as  follows : 

Penalties  for  Section  1 .     Sectiou  ten  of  chapter  two  hundred  and 

bu^rgiary?'^  °      thrcc  of  tlic  Public  Statutes  is  hereby  amended  by  adding 
p.  8. 203,  §  10.    ^^  ^i^g  gj^^  thereof  the  following  words  :  —  not  less  than 
ten,  —  so  that  said  section  as  amended  shall  read  as  fol- 
lows :  —  Section  10.    AYhoever  breaks  and  enters  a  dwell- 


1888.  — Chapter  136.  101 

ing-house  in  the  night  time,  with  intent  to  commit  murder, 
rape,  robbery,  larceny,  or  other  felony,  or,  after  having 
entered  with  such  intent,  breaks  such  dwelling-house  in 
the  night  time,  any  person  being  then  lawfully  therein, 
and  the  oflender  being  armed  with  a  dangerous  weapon  at 
the  time  of  such  breaking  or  entry,  or  so  arming  himself 
in  such  house,  or  making  an  actual  assault  on  a  person 
being  lawfully  therein,  shall  be  punished  by  imprison- 
ment in  the  State  prison  for  life,  or  for  any  term  of  years 
not  less  than  ten. 

Section  2.  Section  eleven  of  said  chapter  is  hereby  Amendment  to 
amended  by  adding  at  the  end  thereof  the  following  "'  ' 
words  :  —  and,  if  such  offender  shall  have  been  previously 
convicted  of  any  offence  named  in  this  or  the  preceding 
section,  not  less  than  five  years,  —  so  that  the  section  as 
amended  shall  read  as  follows  :  —  Section  11.  Whoever 
breaks  and  enters  a  dwellino-house  in  the  nig-ht  time  with 
siich  intent,  or,  having  entered  with  such  intent,  breaks 
such  dwelling-house  in  the  night  time,  the  offender  not 
beino-  armed,  nor  armino-  himself  in  such  house  with  a 
dangerous  weapon,  nor  making  an  assault  upon  any  per- 
son then  being  lawfully  therein,  shall  be  punished  by 
imprisonment  in  the  State  prison  not  exceeding  twenty 
years,  and,  if  such  offender  shall  have  been  previously 
convicted  of  any  offence  named  in  this  or  the  preceding 
section,  not  less  than  five  years. 

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

Ap-provcd  March  16,  18S8. 

An  Act  to  amend  an  act  relating  to  the  board  of  water  f^Tjfj^  i  Qfi 

COMMISSIONERS   OF  THE  CITY  OF  SPRINGFIELD.  "' 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  three  of  chapter  thirty  of  the  acts  Board  of  water 
of  the  year  eighteen  hundred  and  eighty  is  hereby  ITe^llTcllll.. 
amended  l)y  striking  out  at  the  beginning  of  said  section 
the  words  ' '  The  city  engineer  of  said  city  shall  be  ex 
ofiicio  clerk  of  said  board,  and  as  such"  and  inserting  in 
lieu  thereof  the  words  :  —  Said  board  of  water  commis- 
sioners shall  electa  clerk  who,  —  so  that  the  section  as 
amended  shall  read  as  follows  :  —  Said  board  of  water 
commissioners  shall  elect  a  clerk  who  shall  keep  a  true 
and  accurate  record  of  the  doings  thereof,  and  who  shall 
be  duly  sworn  to  the  faithful  perfonnance  of  his  duties. 

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

Approved  March  16,  1888. 


102  1888.  —  Chapter  137. 

ChOV  137  "^^    ^^^    ^^    PKOVIDE    A   RESERVOIR   FOR    THE   CITY    OF  CAMBRIDGE 
AND   TO   BETTER  PRESERVE    THE   PURITY   OF   ITS   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows  : 
Reservoir  and         Section  1.     The  citv  of  Caml3rido;e ,  havino;  accepted 

storasc  basin  *^  o     ^  o  x 

for  Cambridge,  tile  provisioiis  of  cliaptei'  two  hundred  and  fift3'-six  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four,  and 
constructed  an  aqueduct  conveying  the  waters  of  Stony 
brook  into  and  through  said  city  by  the  wa}'^  of  Fresh 
pond,  as  provided  in  the  said  act,  may,  for  the  purpose 
of  providing  a  reservoir  and  storage  ])asin  for  the  said 
city,  and  preserving  the  purity  of  the  waters  to  be  held 
in  said  Fresh  pond  and  distributed  therefrom,  and  pro- 
tecting and  improving  the  shores  and  vicinity  thereof,  at 
any  time  within  five  j^ears  after  the  passage  of  this  act 
May  take  land,  take  and  hold  by  purchase  or  otherwise  any  y)art  or  the 
whole  of  the  land  and  buildings  thereon  which  lie  within 
the  following  described  boundaries  :  Southeasterly  by  -the 
Wateitown  branch  of  the  Fitchburg  railroad  between  land 
owned  by  the  trustees  of  Jacob  Hittinger  and  Concord 
avenue  ;  northeasterly  by  Concord  avenue  ;  northwesterh^ 
by  the  boundaiy  line  between  said  Cambridge  and-  the 
town  of  Belmont ;  and  southwesterly  by  Cushing  street, 
Woodlawn  avenue  and  the  southerly  side  of  a  proposed 
new  street  called  Fresh  pond  avenue,  to  the  said  branch 
of  said  railroad  at  the  place  of  beginning,  and  outside  of 
the  present  riprapped  Ijorders  in  the  pond  as  they  now 
Proviso.  exist : provided,  however,  that  the  two  corporations  or  their 

respective  assigns  now  owning  ice-houses  on  said  prem- 
ises, if  they  or  either  of  them  so  elect,  and  give  written 
notice  to  the  city  clerk  of  said  city  of  their  intention  so 
to  do,  within  sixty  days  after  the  filing  and  recording  of 
the  taking  as  hereinafter  provided,  shall  be  permitted  to 
cut  and  remove  ice  from  said  pond,  and  to  remain  in  pos- 
session of  and  use  their  buildings  and  premises  for  a 
period  not  exceeding  two  years  from  and  after  any  taking 
of  the  same  by  virtue  of  this  act ;  but  if  said  two  corpo- 
rations, or  either  of  them,  shall  elect  to  hold  and  use  their 
•  premises  as  above,  this  fact  shall  be  taken  into  the  ac- 
count in  estimating  the  damages  hereinafter  provided  for. 
When  possession  is  taken  by  said  city  of  Cambridge 
under  the  provisions  of  this  act,  of  the  land  and  buildings 
of  either  of  said  corporations,  the  whole  of  its  land  and 
buildings  within  said  boundaries  shall  be  taken,  and  not 
a  part  only  thereof. 


1888.  — Chapter  137.  103 

Section  2.     Said    city  shall    within    sixty  days  after  to  cause  to  be 
taking  any  lands  or  buildings,  as  herein  provided,  other-  regut'ly'of  ^^'^ 
wise  than  by  purchase,  for  the  purposes  of  this  act,  file  uon' of  ttif'iMd 
and  cause  to  be  recorded  in  the  registry  of  deeds  for  the  taken. 
county  and  district  in  which  said  land  and  buildings  are 
situated,    a    description  thereof  sufficiently  accurate   for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  Avas  taken,  which  statement  shall  be  signed  by 
the  mayor ;  and  said  city  shall  also  cause  notice  of  such 
taking  to  be  sent  by  mail  to  the  owners  of  record  of  the 
land  so  taken. 

Section  3.     So  lono;  as  Fresh  pond  shall  be  used  by  Right  of  the 

,1  .,  /•/^i-n'^''  •  1  ^        •  ^    Commonwealth 

the  city  01  Cambridge  as  a  reservoir,  storage  basin  and  i„  Fresh  pond 
water  supply,  or  until  otherwise  provided  by  statute,  and  cambddgef  *° 
in  order  that  the  said  city  of  Cambridge  may  better 
guard  and  protect  the  wat,ers  to  be  stored,  distributed  and 
used  in  said  reservoir  and  storage  basin  from  pollution  and 
intrusion,  all  the  right  and  control  which  the  Common- 
wealth has  in  the  great  pond  known  as  Fresh  pond  in 
Cambridge,  is  hereby  granted  and  relinquished  unto  said 
city,  said  grant  and  relinquishment  to  take  eflect  whenever 
said  city  shall,  by  purchase  or  otherwise,  become  the  owner 
of  all  the  land  abutting  on  said  pond  ;  and  from  the  passage 
of  this  act  said  city  shall  have  exclusive  right  in  and  con- 
trol over  the  said  pond,  and  power  to  prevent  all  persons 
and  animals  from  entering  in,  upon  or  over  the  land  and 
waters  thereof,  except  that  it  shall  not  prevent  the  two 
corporations  or  their  respective  assigns  before  mentioned 
from  cutting  and  removing  ice. 

Section  4.  Said  city  shall  be  liable  to  pay  all  damages  city  to  pay 
sustained  in  property  by  any  person  or  corporation  by  '""'*^^^- 
reason  of  the  taking  of  any  land,  right  or  easement  or  by 
any  other  thing  done  by  said  city  under  the  authority  of 
this  act.  K  any  one  sustaining  damage  as  aforesaid  does 
not  agree  with  said  city  upon  the  amount  of  said  damage, 
he  may  within  two  years  from  such  taking,  and  not  after- 
wards, apply  by  petition  for  an  assessment  of  the  damage 
to  the  superior  court  in  the  county  in  which  the  property 
taken  or  damaged  is  situated.  Such  petition  may  be  filed 
at  any  time  within  said  two  years  in  the  office  of  the  clerk 
of  said  court,  who  shall  thereupon  issue  a  summons  to  said 
city,  returnable  at  the  next  return  day  after  the  expiration 
of  fourteen  days  from  the  filing  of  the  i)etition.  The  sum- 
mons shall  be  served  fourteen  dsiys  at  least  before  the  day 


101  1888.  —  Chapter  137. 

on  which  it  is  returnable  by  leaving  a  copy  thereof,  and  of 
the  petition,  certified  by  the  officer  who  served  the  same, 
with  the  clerk  of  said  city,  and  the  court  may  upon  default 
Referees  may     or  hearing  of  Said  city  appoint  three  disinterested  persons, 
e  appoin  t  .     ^  j^^  shall  after  reasonaljle  notice  to  the  parties  assess  the 
damages,  if  any,  Avhich  such  petitioner  may  have  sustained 
as  aforesaid,  and  the  awtird  of  the  persons  so  appointed, 
or  a  major  part  of  them,  being  returned  into  and  accepted 
by  the  court,  shall  be  linal,  and  judgment  shall  be  rendered 
and  execution  issued  thereon  for  the  prevailing  party,  with 
costs,  unless  one  of  the  parties  claims  a  trial  by  jury,  as 
hereinafter  provided. 
Parties  dissatis-       SECTION  5.     If  either  of  the  parties  mentioned  in  the 
triai"^^  '^         preceding  section  is  dissatisfied  with  the  amount  of  damage 
awarded  as  therein  provided  for,  such  party  may,  at  the 
sitting  of  the  court  at  which  said  award  was  accepted  or 
the  next  sitting  thereafter,  claim  in  writing  a  trial  in  said 
court,  and  thereupon  all  questions  of  fact  relating  to  such 
damages  shall  be  heard  and  determined  and  the  amount  of 
damages  assessed  by  a  jury  at  the  bar  of  said  court,  and 
the  verdict  of  the  jury  being  accepted  and  recorded  by  the 
court  shall  be  final  and  conclusive,  and  judgment  shall  be 
rendered  and  execution  issued  thereon,  and  costs  shall  be 
recovered  by  the  parties  respectively  in  the  same  manner 
as  is  provided  by  law  in  regard  to  proceedings  relating  to 
laying  out  of  highways. 
City  may  make       Section  6.     lu  evcrv  casc  of  a  petition  to  the  superior 

tender  for  dam-  ,„  ,       n   t  -ii-ii'  j. 

ages  when  peti-  court  tor  au  assessuieut  01  damages  as  provided  in  this  act, 
m°ent^s'nKidT*'  the  Said  city  may  tender  to  the  petitioner  or  his  attorney 
any  sum,  or  may  bring  the  same  into  court  to  be  paid  to 
the  petitioner,  for  the  damages  by  him  sustained  or  claimed 
in  his  petition,  or  may  in  writing  ofi'er  to  l)e  defaulted, 
and  that  damages  may  be  awarded  against  it  for  the  sum 
therein  expressed  ;  and  if  the  petitioner  does  not  accept 
the  sum  so  offered  or  tendered,  with  his  costs  up  to  that 
time,  but  proceeds  with  his  suit,  he  shall  be  entitled  to 
his  costs  to  the  time  of  such  tender  or  payment  into  court 
or  offer  of  judgment,  and  not  afterwards,  unless  the  amount 
recovered  by  him  in  such  action  exceeds  the  amount  so 
tendered. 
Exercise  of  SECTION  7.     All  the  riglits,  powcrs  and  authority  givcu 

powers  and  au-  .  /./-<         i-i  i  i-  ini  •ii 

thority.  to  the  City  ot  Cambridge  by  this  act,  shall  be  exercised  by 

said  city  subject  to  all  duties,  liabilities  and  restrictions 
herein  contained,  in  such  manner  and  by  such  agents,  offi- 


1888.  —  Chapter  138.  105 

cers  and  sei'vants  as  the  city  council  shall  from  time  to 
time  ordain,  direct  and  appoint. 

Section  8 .     For  the  purpose  of  paying  for  the  land  ^4™  y^'jofu 
and  settlino-  the  damaoes  herein  referred  to,  for  improvino-  be  increased 

~  _  o  ^  '  1  o    j!^5Q0  000. 

the  land  by  grading  or  otherwise,  and  generally  for  pro-  " 
yiding  means  for  the  further  extension  and  improvement 
of  the  water  works  of  said  city  from  time  to  time,  the  city 
of  Cambridge  shall  have  authority  to  issue,  as  a  water 
debt,  in  accordance  with  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four,  in  addition  to  what  it  is  already  authorized  to  issue 
by  law,  notes,  scrip,  or  bonds  to  be  denominated  on  the 
face  Cambridge  Water  Loan,  to  an  amount  not  exceeding 
live  hundred  thousand  dollars.  iVll  the  provisions  of 
chapter  two  hundred  and  iifty-six  of  the  acts  of  eighteen 
hundred  and  eighty-four,  and  the  acts  alluded  to  therein  in 
regard  to  the  establishment  and  maintenance  of  a  sinking 
fund  for  the  redemption  of  the  Cambridge  water  loan,  shall 
apply  to  this  act. 

Section  9.     This  act  shall  take  eflect  upon  its  passage. 

Approved  March  16,  1888. 

An  Act  to  authorize  the  town  of  Randolph  to  make  an  (7^ar).138 

ADDITIONAL   WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Kandolph  for  the  purposes  RaDdoiph  water 
mentioned  in  section  five  of  chapter  two  hundred  and  creasecrrio^ooo". 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five,  may  issue  bonds,  notes,  or  scrip,  from  time 
to  time,  to  be  denominated  on  the  face  thereof  Randolph 
Water  Loan,  to  an  amount  not  exceeding  twenty  thousand 
dollars  in  addition  to  the  amounts  heretofore  authorized 
by  law  to  be  issued  by  said  town  for  the  same  purposes  ; 
said  bonds,  notes,  or  scrip  to  be  issued  upon  the  same 
terms  and  conditions  and  with  the  same  powers  as  are  pro- 
vided in  said  act  for  the  issue  of  the  Eandolph  water  loan 
by  said  town  :  provided,  that  the  whole  amount  of  such  Proviso. 
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  one 
hundred  and  twenty  thousand  dollars. 

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

Approved  March  16,  1888. 


106  1888.  — Chapters  139,  MO,  141. 


OJlCwASQ  An  Act  to  regulate  the  granting  of  liquor  licenses  to  be 

EXERCISED   IN  dwelling-houses. 

Be  it  enacted^  etc.,  as  folloivs : 
No  license  of  Sectiox  1.     Xo  license  of  the  first  five  classes  named 

the  first  nve  .  .  c     ^  i  iif-i-r>iTo 

classes  to  be       in  scctioH  tcH  oi  cliaptei'  one  hundred  of  the  Pubhc  statutes 

ex'eicised  ill  a     shall  bc  granted  to  be  exercised  in  any  dwelling-house. 

dwelling  house,  g^^^  ^^^-^^  scctlon  shall  Hot  be  construed  to  prevent  the 
granting  of  licenses  to  be  exercised  in  any  stores  or  shops 
which  have  no  interior  connection  or  means  of  communi- 
cation with  a  dwelling  or  tenement  of  any  family.  Any 
license  granted  contrary  to  the  provisions  of  this  section 
shall  be  void. 

No  license  to  be      Section  2.     No  liccnsc  as  aforesaid  shall  be  granted  to 

giaiited  in  a  1  .        ,    •  i  i         •  •     ]       • 

Shop  having  in-   oc  cxcrcLscd  HI  any  room  or  shop  having  any  interior  con- 

ti<'.i°'e?c."wfth    nection  or  means  of  communication  with  a  dwelling  or 

tenement  of  any  family,  and  the  opening  or  maintaining 

of  aii}^  such  connection  or  means  of  communication  shall 

render  the  license  void. 

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

Approved  March  16,  1888. 


tenor  eonnec 
tion,  e 
a  clwe 


Chan  140  ^^   "^^^  ^^  confirm  the  organization  of  the  ATLANTIC  WHARF 
COMPANY  AND  TO  AUTHORIZE  IT  TO  HOLD  CERTAIN  REAL  ESTATE. 

Be  it  enacted,  etc. ,  as  follows : 
Ofgamzation  Section  1.     The  organization  of  the  Atlantic  Wharf 

Company,  a  corporation  established  in  Gloucester,  is  here- 
May  acquire,      bv  confimied  aiid  made  valid,  and  said  corporation  may 

etc.    wbarf  *^  ^  i  •/ 

property.  acquirc,  hold  and  lease,  mortgage  or  sell  the  wharf  prop- 

erty at  Duncan's  point,  so  called,  in  the  city  of  Gloucester, 
known  as  the  Atlantic  wharf,  and  any  lands,  flats  or  wharf 
property  contiguous  thereto. 

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

Approved  3farch  16,  1888. 


rV/(7«141    ^^   ^^^   '^'~*    AMEND    SECTION    THIRTY-ONE    OF    CHAPTER   TWO    HUN- 

^  '  DRED     AND    FOURTEEN    OP    THE    ACTS    OF    THE    YEAR    EIGHTEEN 

HUNDRED   AND   EIGIITY-SEVE 

MECHANIC'S   TOOLS. 

Be  it  enacted,  etc.,  as  follows 

Section  thirty-one  of  ch 
of  the  acts  of  the  year  eig 
is  hereby  amended  by  inserting  at  the  end  of  paragraph  five. 


HUNDRED   AND   EIGHTY-SEVEN,   RELATING    TO    THE    INSURANCE    OF 
mechanic's   TOOLS. 


Insurance  of  Sectiou  thirty-onc  of  chapter  two  hundred  and  fourteen 

tools.'    "^^         of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven 

1887,  214,  §31.  .J  <=>  c-       .- 


1888.  —  Chapters  142,  143.  107 

after  the  word  ' '  dollars  "  in  the  sixteenth  line  of  said  sec- 
tion, the  words  :  —  divided  into  shares  of  the  par  value  of 
ten  dollars  each.  Approved  March  16,  1888. 

An  Act  to  give  the  town  of  quincy  certain  powers  in  re-  QTtary  W^ 

LATION  to   the   BROOKS   AND   STREAMS   THEREIN.  ^ 

Be,  it  enacted,  etc.,  as  follows : 

Section  1.     The  board  of  road  commissioners  of  the  Road  commis- 
town  of  Quincy,  or  the  hoard  of  selectmen  in  case  at  any  dear  oVob?' 
time  said  town  has  no  hoard  of  road  commissioners,  is  bTOotl°'!ft'c.,  de- 
herel)y  authorized,  for  the  purpose  of  draining-  any  lands  •i^.-oi|s\"o'^®'"" 
which  have  Ijcen  or  may  hereafter  be  declared  by  the  board  health,  etc. 
of  health  of  said  town  to  be  so  wet  or  moist  as  to  be  offen- 
sive or  injurious  to  health,  to  clear  of  obstructions,  deepen 
and  widen  any  brooks  or  streams  within  the  limits  of  said 
town,  and  to  straighten  or  alter  the  courses  or  channels 
thereof,  and  to  enter  upon  any  lands  for  such  purpose  ; 
and  the  more  eflectually  to  make  such  improvements  said  May  take  land 

not  GxcGGcliiiii 

board  may  take  land  within  the  limits  of  said  town,  in  fee  four  rods  lu 
simple  or  otherwise,  not  exceeding  four  rods  in  width. 
Damages  suffered  hy  any  person  through  such  taking  of 
land,  or  through  any  other  action  of  said  board  under  this 
act,  shall  be  ascertained  and  recovered  from  the  town  of 
Quincy  in  the  same  manner  as  provided  by  law  in  the  case 
of  the  laying  out  of  town  ways. 

Section  2.     Chapter  two  hundred   and  ninety-six   of  Repeal. 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven  is 
hereby  repealed. 

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

Approved  March  19,  1888. 

An  Act  to  authorize  the  county  commissioners  of  worces-  njin^)  XA'd 

TER  county  to  ENLARGE  THE  JAIL  AND  HOUSE  OF  CORRECTION 
AT  FITCHBURG. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  county  commissioners  of  the  county  jaii  an.i  house 
of  Worcester  are  here1)y  authorized  to  enlarge  the  jail  puchbi^rsTnay 
and  house  of  correction  at  Fitchburg,  and  for  said  pur-  be  enlarged. 
pose  may  l)orrow  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  19,  1888. 


108  1888.  — Chapters  144,  145. 


ChCtp.1.44:  -^^     ■'^^'^    '^^     AUXnOKIZE    THE     CITY     OF    WORCESTER    TO     BORROW 
MONEY   FOR   THE   PURPOSES   OF   PUBLIC   PARKS. 

Be  it  enacted,  etc.,  as  folloivs : 

m\y  mouJ'-loT        Section  1.     For  tliG  puipose  of  defraying  the  Gxpeuses 
taking  laud,       of  Durchasino;  or  taking:  land  for,  and  constructino-  and 

etc     for  public      •  ,  ^  ^  t 

parks.  nnproving,  such  public  parks  as  may  be  duly  located  and 

laid  out  by  the  board  of  park  commissioners  of  the  city 
of  Worcester,  the  city  council  of  said  cit}'  may,  by  a  vote 
passed  in  the  manner  provided  by  section  seven  of  chap- 
ter twenty-nine  of  the  Public  Statutes,  authorize  its 
treasurer  to  issue  from  time  to  time,  to  a  total  amount 
not  exceeding  two  hundred  and  fift}^  thousand  dollars, 
negotial)le  bonds  or  certificates  of  inde])tedness,  payable 
in  not  exceeding  fifty  years  from  their  date,  and  bearing 
interest  at  a  rate  not  exceeding  four  per  cent,  per  annum, 
to  be  denominated  on  the  face  thereof  Worcester  Park 
Loan. 

Treasurer  to  SECTION  2.     Said  treasurer  shall   sell  said  bonds  and 

sell  bonds.  .  ™       ,  . 

certificates,  or  any  part  thereof,  from  time  to  time,  and 
retain  the  proceeds  thereof  in  the  treasury  of  the  said 
city,  and  pay  therefrom  the  expenses  incurred  for  the 
purposes  aforesaid. 
i-oiin  not  to  1)0  SECTION  3.  The  debt  and  loans  authorized  b}'  this  act 
the  debt  limit,  sliall  iiot  be  iiicluded  within  the  limit  fixed  by  section  two 
of  chapter  three  hundred  and  twelve  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-five. 

Section  4,     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  1888. 

GhciV  145  ^^   ^'^'^    ^^   AMEND   AN   ACT    TO    INCORPORATE    THE    POWOAV    HILL 

WATER   COMPANY. 

Be  it  enacted,  etc.,  as  folloivs : 
Charter  Section  1 .     Scctiou  two  of  cliaptcr  ouc  hundred  and 

amended.  .  /.i  i*     -i  •    i 

sixty-one  ot  the  acts  or  the  year  eighteen  hundred  and 
eighty-three  is  hereby  amended  by  inserting  in  the  fifth 
line  thereof  after  the  Avords  "  Clark's  pond,"  the  following 
words  :  —  and  also  the  water  from  the  springs  near  Bart- 
lett's  corner  in  said  Amesbury,  commonly  known  as 
Balch's  spring,  and  from  other  springs  in  its  immediate 
„     .  .      ,       vicinitv. 

Provisions  to  "^ 

apply  to  Section  2.     The  provisions  of  said  chaiitcr  one  hun- 

1883,  lei,  §  2.  ,         ,  1       •     -  .   ^      1,    .  .  11,, 

dred  and  sixty-one  m  all  its  sections  shall  apply  to  section 
two  of  said  chapter  in  the  same  manner  and  to  the  same 


1888.  —  Chapters  146,  147.  109 

extent  as  if  these  additional  water  sources  mentioned  in 
section  one  of  this  act  had  been  incorporated  originally 
into  section  two  of  said  chapter  one  hundred  and  sixty- 
one,  and  nothino-  contained  in  this  act  shall  be  construed  ^}f?^}^^  ''"5^ 

'  ~    .  1      •  1  •  •  bilities   of  >. 

to  take  away  or  in  any  way  to  abridge  or  impair  any  pany  not  im 
power  or  right  now  possessed  by  said  Powow  Hill  Water  ^^'"^ 
Company  nor  to  aft'ect  any  claim  for  damages  that  any 
person  may  now  have  against  said  Powow  Hill   Water 
Company  nor  any  case  now  pending. 

Approved  March  19,  1888. 


liu- 
coin- 


Chap. 14:6 


An  Act  to  enable  towns  to  discontinue  voting  precincts. 
Beit  enacted,  etc.,  as  follows: 

Section  1,     Any  town  which   has    accepted  the  pro-  Towns  diviued 
visions  of  chapter  two  hundred  and  sixty-four  of  the  acts  ciuets  may  dis. 
of  the  year  eighteen  hundred  and  6ighty-six,  and  has  been  Bame?""  ^  ^'^ 
divided  into  voting  precincts  in  accordance  therewith,  may, 
at  a  meeting  duly  called  for  the  purpose,  by  vote,  discon- 
tinue all  such  precincts,  and  thereafter  the  provisions  of 
said  act  shall  cease  to  apply  to  said  town,  and  all  subse- 
quent elections  therein  shall  be  held  as  if  no  such  division 
had  been  made. 

Section  2 .     Notice  in  writing  of  the  discontinuance  of  TOnumiance^o 
the  votino-   precincts   in  a  town  in  accordance  with   the  t>e  sent  to  the 

T.  in  •!•  1  1  /•  secretary. 

preceding  section,  shall,  within  ten  days  thereafter,  be 
given  by  the  town  clerk  thereof  to  the  secretary  of  the 
Commonwealth . 

Section  3.     A   town  which   has    discontinued  all  the  Towumay 
voting  precincts  established  under  the  provisions  of  the  isse.  -iu,  and 
said  chapter  two  hundred  and  sixtj^-four  of  the  acts  of  the  predncts.^" '"^ 
year  eighteen  hundred  and  eighty-six  may  however,  in  a 
subsequent  year,  again  accept  the  provisions  of  said  act  and 
cause  a  division  into  voting  precincts  to  be  made  thereunder. 

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

Approved  March  20,  1888. 

An  Act  to  permit  the  construction  of  a  railroad  across  Chap.l4:7 

LAND   of   the   WESTBOROUGH   INSANE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  trustees  of  the  Westl)orough  insane  Trustees  may 
hospital,    with   the    approval    of    and    upon    such   terms  to  be  located, 

,1  J  •!  .J    etc  ,  across  land 

as  the  governor  and  council  may  approve,  may  permit  connected  with 
a   railroad   to   be   located,    constructed   and    maintained  ''"^p"-''- 


110  1888.  —  Chapters  148,  149. 

across  land  of  the    Commonwealth   used   in    connection 
with  said  hospital. 

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

Approved  March  20,  1888. 


ChapMS 


An  Act  in  relation  to  affidavits  of  notice  of  appoint- 
mext  and  sales  of  beal  estate  by  administrators  and 
executors. 

Be  it  enacted,  etc.,  as  follows: 
Aftidavitsof  Section  1.     Section  two  of  chapter  one  hundred  and 

poiJument  and    tlilrtj-two  of  thc  Publlc  Statutcs  is  amended  so  as  to  read 
tairby^Jdminls-  as  follows  :  — An  affidavit  of  the  executor  or  administrator, 
p.''s"/i32?§ -2.      or  of  the  person  employed  by  him  to  give  such  notice, 
l)eing  tiled  and  recorded  with  a  copy  of  the  notice  in  the 
registry  of  probate,  shall  be  admitted  as  evidence  of  the 
time,  place  and  manner  in  which  the  notice  was  given. 
Amendment  to        SECTION  2.     Scctiou  thirteen  of  chapter  one  hundred 
and  thirty-four  of  the  Public  Statutes  is  amended  so  as  to 
read  as  follows  :  —  An  affidavit  of  the  executor  or  adminis- 
trator, or  of  the  person  employed  by  him  to  give  such 
notice,  being  filed  and  recorded  with  a  copy  of  the  notice 
in  the  registry  of  probate,  shall  be  admitted  as  evidence 
of  the  time,  place  and  manner  in  which  the   notice  was 
given. 

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

Approved  March  20,  1888. 

r'Jffjj)'\A.C)  An   Act  to  cause  proper  sanitary  provisions  and   proper 

^  '  VENTILATION   EN   PUBLIC   BUILDINGS   AND   SCHOOLHOUSES. 

Be  it  enacted,  etc.,  as  follows:  , 

Public  buildings  Section  1.  Every  public  building  and  every  school- 
house's  t°o°be  house  shall  be  kept  in  a  cleanly  state  and  free  from  effluvia 
free^fi-omefflu-  arisiug  from  any  drain,  privy  or  other  nuisance,  and  shall 
via,  etc.  |jg   provided  with  a  sufficient   number   of  proper  water 

closets,  earth  closets,  or  privies  for  the  reasonable  use  of 
the  persons  admitted  to  such  public  building  or  of  the 
pupils  attending  such  schoolhouse. 
To  be  properly  SECTION  2.  Evciy  public  buildiug  and  every  school- 
house  shall  be  ventilated  in  such  'a  proper  manner  that  the 
air  shall  not  become  so  exhausted  as  to  be  injurious  to  the 
health  of  the  persons  present  therein.  The  provisions  of 
this  section  and  the  preceding  section  shall  be  enforced  by 
the  inspection  department  of  the  district  police  force. 


ventilated. 


1888.  —  Chapter  150.  Ill 

Section  3.     Whenever  it  shall  appear  to  an  inspector  Powers  and  du- 

X    JL  1.  tl6S     or     RD     ID- 

of  factories  and  public  buildino-s  that  further  or  different  Bpector  of  fac- 

..  .    .  ,.  j'l    J'  •        1    tories  and  pub- 

sanitary  provisions  or  means  ot  ventilation  are  required  hc  buildings. 
in  any  public  l)uilding  or  schoolhouse  in  order  to  conform 
to  the  requirements  of  this  act,  and  that  the  same  can  be 
provided  without  incurring  unreasonable  expense,  such 
inspector  may  issue  a  written  order  to  the  proper  person 
or  authority  directing  such  sanitary  provisions  or  means 
of  ventilation  to  be  provided,  and  they  shall  thereupon 
be  provided  in  accordance  with  such  order  by  the  public 
authority,  corporation  or  person  having  charge  of,  owning 
or  leasing  such  public  building  or  schoolhouse. 

Section  4.     Any  school  committee,  public  officer,  cor-  Penalty  for  ue- 
poration  or  person  neglecting  for  four  weeks  after  the  wuh  an  ord'J'r  of 
receipt  of  an  order  from  an  inspector,  as  provided   in  the  ''"  "'^p^'cto'- 
preceding  section,  to  provide  the  sanitary  provisions  or 
means  of  ventilation  required  therel)y  shall   be  punished 
by  fine  not  exceeding  one  hundred  dollars. 

Section  5.     The  expression  "  pul^lic  building"  used  in  '/Public  buiid- 
this  act  means  any  building  or  premises  used  as  a  place  "I'chooihouse" 
of  public  entertainment,  instruction,  resort  or  asseml)lage. 
The    expression   "schoolhouse"  means  any  l)uilding  or 
premises  in  which  public  or  private  instruction  is  afforded 
to  not  less  than  ten  pupils  at  one  time. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1888. 


An  Act  to  authorize  the  proprietors  of  the  harmony  grove 
cemetery  of  salem  to  hold  additional  real  estate. 


Chap.150 


Be  it  enacted,  etc.,  as  folloios: 

Section  1 .  The  Proprietors  of  the  Harmony  Grove  May  hoid  addi- 
Cemetery,  incorporated  by  an  act  of  the  legislature 
approved  February  nineteeth  in  the  year  eighteen  hundred 
and  forty,  may  take  and  hold  in  fee  simple  for  the  purposes 
of  the  cemetery  forty  acres  of  land  in  addition  to  the 
sixty  acres  authorized  by  its  charter. 

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

Approved  March  21,  1888. 


112 


1888.  —  Chapters  151,  152,  153. 


Right  to  arbi- 
tmtion  deemed 
to  be  waived 
upon  failure  by 
company  to 
comply  with 
certain   require- 
ments. 


OhCLT)  151   ^^  ^^^  ^^    RELATION   TO    ACTIONS  UPON    FIRE  INSURANCE  POLICIES. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1,  In  case  of  loss  under  any  lire  insurance 
policy,  issued  on  property  in  this  Commonwealth,  in  the 
standard  form  set  forth  in  section  sixty  of  chapter  two 
hundred  and  fourteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  and  the  failure  of  the  parties  to 
agree  as  to  the  amount  of  loss,  if  the  insurance  company 
shall  not,  within  ten  days  after  a  written  request  to  ap- 
point arbitrators  under  the  provision  for  arbitration  in  such 
policy,  name  three  men  under  such  provision,  each  of 
whom  shall  be  a  resident  of  this  Commonwealth  and  willing 
to  act  as  one  of  such  arbitrators ;  and  if  also  such  insur- 
ance compan}^  shall  not,  within  ten  days  after  receiving 
the  names  of  three  men  named  by  the  insured  under  such 
provision,  make  known  to  the  insured  its  choice  of  one  of 
them  to  act  as  one  of  such  arbitrators,  it  shall  be  deemed 
to  have  waived  the  right  to  an  arbitration  under  such 
policy,  and  be  liable  to  suit  thereunder,  as  though  the 
same  contained  no  provision  for  arbitration  as  to  the 
amount  of  loss  or  damage. 

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

Approved  March  21,  1888. 


Chap.152 


Salary  estab- 
lished. 


An  Act  to  establish  the  salary  of  the  assistant  register 

OF   probate   and   insolvency   for   the   county   of   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  annual  salary  of  the  assistant  register 
of  probate  and  insolvency  for  the    county  of  Worcester 


shall  be  eighteen  hundred  dollars. 


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

Approved  March  21,  1888. 


Chnn  1  'iS  "^^  ^^^  providing  for  a  third  assistant  clerk  of  the  supe- 

^  '  RIOR   court,   civil   SESSION,   OF    THE    COUNTY   OF   SUFFOLK. 


Office  of  third 
assistant  clerk 
established. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  justices  of  the  superior  court,  or  a 
majority  of  them,  may  appoint  a  third  assistant  clerk,  for 
civil  business  in  the  county  of  Suffolk,  who  shall  be  sub- 
ject to  the  provisions  of  law  applicable  to  assistant  clerks 
in  said  county,  and  who  shall  receive  in  full  for  all  services 


1888.  — Chapters  154,  155.  113 

performed  by  him  iin  annual  salary  of  twenty-fiYe  hundred 
dollars,  to  be  paid  by  said  county. 

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

A2Jproved  March  21,  1888. 


CIia2).154: 


An  Act  to  amend  section  thirty-three  of  chapter  thirteen 
OF  the  public  statutes,  relative  to  the  returns  for  tax- 
ation OF  insurance  companies. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Section  thirty-three  of  chapter  thirteen  of  Retuinsfoi  lux- 

i-r>ii't  •       ^  1  1111T  1  alion  of  itisiir- 

tlie  ir^ublic  Statutes  is  hereby  amended  by  adding  thereto  ance  companies. 
the  following  words  :  —  awd  jwovided,  further,  that  when-    '   '    '*  " 
ever  any  company  negotiating  insurance  efiects  a  re-insur- 
ance of  any  part  thereof  otherwise  than  by  their  licensed 
resident  agents,  no  deduction  of  the  sums  paid  for  such 
re-insurance  shall  be  made  under  this  section. 

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

Aiiproved  March.  22,  1888. 

An  Act  to  amend  an  act  to  extend  and  regulate  the  liability  /^7,^  j^  1  nn 
OF  employers  to  make  compensation  for  personal  injuries  ^  ' 

SUFFERED   BY   EMPLOYEES   IN   THEIR   SERVICE. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Section  three  of  chapter  two  hundred  and  Liability  of  em- 

ci  •!  1111    P'o.yers  for  in- 

seventy  of  the  acts  of  the  year  eighteen  hundred  and  juries  suffered 
eighty-seven  is  hereby  amended  by  inserting  after  the  i88T,"27o°Vr' 
word  "death"  in  the  thirteenth  line  thereof,  the  following 
words  :  —  The  notice  required  by  this  section  shall  be  in 
writing,  signed  by  the  person  injured  or  by  some  one  in 
his  behalf;  but  if  from  physical  or  mental  incapacity  it  is 
impossible  for  the  person  injured  to  give  the  notice  within 
the  time  provided  in  said  section,  he  may  give  the  same 
within  ten  days  after  such  incapacity  is  removed,  and  in 
case  of  his  death  without  having  given  the  notice  and 
without  having  been  for  ten  days  at  any  time  after  his 
injury  of  sufficient  capacity  to  give  the  notice,  his  execu- 
tor or  administrator  may  give  such  notice  within  thirty 
days  after  his  appointment. 

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

Approved  March  22,  1888., 


114 


1888.  — Chapters  156,  157,  158. 


ChctvA-BQ  ^    ^^^    ^^   AUTHORIZE    THE    EAST    MIDDLESEX    STREET    RAILWAY 
COMPANY   TO   LOCATE  ITS   TRACK   IN   THE   CITY'   OF   CHELSEA. 

Be  it  enacted,  etc. ,  as  follotvs : 

Section  1 .  The  East  Middlesex  Street  Eailway  Com- 
pany is  hereby  authorized,  with  the  consent  of  the  board 
of  aldermen  of  the  city  of  Chelsea,  to  locate,  construct 
and  operate  a  street  railway  from  the  town  of  Everett  on 
and  over  Everett  avenue  in  the  city  of  Chelsea. 

Section  2.  Said  company  as  regards  the  railroad 
hereby  authorized  to  be  constructed  and  maintained  shall 
have  all  the  powers  and  privileges  and  shall  be  subject 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in 
chapter  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  sixty,  and  in  all  acts  in  amendment  thereof  and  in  the 
general  laws  relating  to  street  railway  companies. 

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

Ajyjyroved  March  22,  1S88. 


May  construct 
railway  in 
Chelsea. 


Powers  and 
duties. 


Chap.lBl 


Assistant  dis- 
trict attorney 
for  middle  dis- 
trict. 


An  Act  to  provide  for  the  appointment  of  an  assistant 
district  attorney  fob  the  middle  district. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  district  attorney  for  the  middle  dis- 
trict may  appoint  an  assistant  district  attorney  who  shall 
under  his  direction  assist  him  in  the  performance  of  his 
duties,  shall  be  removable  at  his  pleasure,  and  shall  re- 
ceive out  of  the  treasury  of  the  county  of  Worcester  a 
salary  of  one  thousand  dollars  a  year  and  at  that  rate  for 
any  part  of  a  year. 

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

Ap2)roved  March  22,  1888. 

ChCt7).\bS  ^    -^^^  ^     RELATION    TO   THE   EXEMPTION  OF    THE    PROPERTY   OF 
CERTAIN   LITERARY   AND   OTHER   ASSOCIATIONS   FROM  TAXATION. 


Exemption 
from  taxation 
of  certain  liter- 
ary and  other 
associations. 


Be  it  enacted,  etc. ,  as  follotvs  : 

Section  1.  The  third  paragraph  of  section  five  of 
chapter  eleven  of  the  Public  Statutes  as  amended  by 
chapter  two  hundred  and  thirty-one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-six  is  hereby  further 
amended  so  as  to  read  as  follows  :  —  Third,  The  personal 
property  of  literary,  benevolent,  charitable  and  scientific 
institutions  and  temperance  societies  incorporated  within 
this  Commonwealth,  and  the  real  estate  belonging  to  such 


1888.  —  Chapters  159,  160.  115 

institutions  and  societies  occupied  by  them  or  their  officers 
for  the  purposes  for  which  they  were  incorporated  ;  but 
such  real  estate  when  purchased  by  such  a  corporation 
with  a  view  to  removal  thereto,  shall  not,  prior  to  such 
removal,  be  exempt  for  a  longer  period  than  two  years  ; 
but  none  of  the  real  or  personal  estate  of  such  corpora- 
tions organized  under  general  laws  shall  be  exempt  when 
any  portion  of  the  income  or  profits  of  the  business  of 
such  corporations  is  divided  among  their  members  or 
stockholders  or  used  or  appropriated  for  other  than  liter- 
ary, educational,  benevolent,  charitable,  scientific  or 
religious  purposes. 

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

Approved  March  26,  1S8S'. 


Ckap.159 


An  Act  concerning  the  waters  of  spy  pond  in  the  town  of 
arlington  and  little  pond  and  wellington  brook  in  the 
town  of  belmont. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     So  much  of  section  one  of  chapter  one  waters  of  spy 
hundred  sixty-five  of  the  acts  of  the  year  eighteen  hun-  fo^be  p!in'or' 
dred   and   seventy-five,  entitled  "  An  Act  to  provide  a  J'^^.'^'^^"J'j.p]yg 
further   supply  of  water  for  the  city  of  Cambridge  ",  as 
empowers  the  city  of  Cambridge  to  take  the  waters  of  Spy 
pond  in  the  town  of  Arlington  and  Little  pond  and  Welling- 
ton brook  in  the  town  of  Belmont,  is  hereby  repealed. 

Section  2 .     The  city  of  Cambridge  shall  have  the  right  city  may  re- 
to  remove  the  iron  pipe  which  it  has  laid  as  a  conduit 
connecting  Spy  pond  and  Little  pond  and  shall  pay  all 
damages  on  account  of  removing  said  pipe. 

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

Approved  March  26,  1888. 

An  Act  relating  to  the  preservation  of  the  purity  of  water 

supplies. 


CJiap.160 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     Any  city  or  town  having  a  water  supply  preservation  of 
may  contract  with  any  other  city  or  town  situated   in  the  waier^suppUM. 
water-shed  of  such  supply  to  contribute,  on  such  terms 
as  may  be  deemed  proper,  to  the  cost  of  building  a  sewer 
or  system  of  sewers  which  will  aid  in  protecting  any  part 
of  the  source  of  such  water  supply  from  pollution. 

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

Aj)proved  March  26,  1888. 


116  1888.  —  Chaptehs  IGl,  1G2. 


ChaV  IGl    "^^    ^^^^    MAKING   AX    APPROPRIATION    FOR   CURRENT    EXPENSES    AT 

THE   M^ESTBOROUGH   INSANE   HOSPITAL. 

Be  it  enacted^  etc.,  as  follows : 
Appropriation         Sectiox  1.     The  suDi  hereinafter  mentioned  is  appro- 

lor  expenses  at.  /.i  f      ^  /'^ 

West  borough  priated,  to  be  paid  out  oi  the  treasury  oi  the  Common- 
ospita.  ^^gj^jii^^j^^  from  the  ordinary  revenue,  for  the  purpose  of 
meeting  certain  current  expenses  at  the  Westborough 
insane  hospital  at  Westborough,  during  the  year  eighteen 
hundred  and  eighty-eight,  to  wit :  —  For  the  payment  of 
current  expenses  at  the  Westborough  insane  hospital  at 
Westborough,  a  sum  not  exceeding  sixteen  thousand  dol- 
lars, as  authorized  b}"  chapter  forty  of  the  resolves  of  the 
present  3'ear. 

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

Ajyproved  March  26,  1888. 


Chap.lQ2 


An  Act  to  incorporate  the  monson  water  company. 

Be  it  enacted,  etc. ,  as  follows : 

Monson  w.-iter        Section  1.     R.   M.  Rcyuolds,  S.  F.  Cushman,  D.  W. 
Cornpaj>y  ,ncor.  -^j^.^^  ^^    ^^  ^Ixxxin,  C.  H.  Mcrriclv,  William  M.  Flynt,  C. 

W.  Holmes,  Jr.,  Alfred  Xorcross,  E.  F.  Morris,  G.  E. 
Fuller,  A.  A.  Gage  and  C.  L.  Peck,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name 
of  the  Monson  Water  Company,  for  the  purpose  of  sup- 
plying the  inhabitants  of  the  town  of  ]Monson  with  water 
for  domestic  and  other  purposes,  including  the  extinguish- 
ment 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  applicable  to  such  corporations. 
May  take  the  Section  2.     The   Said  corporation   may  take  by  pur- 

weiirspHng  or  cliasc  or  otherwisc  and  may  hold  and  convey  through  the 
town  of  Monson,  or  any  part  of  said  town,  the  water  so 
far  as  maj^  be  necessary  for  such  purposes,  of  any  well, 
spring  or  stream  within  said  town  of  Monson,  and  may 
also  take  by  purchase  or  otherwise  and  hold  any  lands, 
rights  of  way  and  easements  within  said  town  necessary 
for  the  purposes  of  preserving  and  purifying  such  water  or 
for  erecting  any  dams  or  reservoirs  for  holding  the  same, 
and  for  laying  and  maintaining  aqueducts  or  pipes  for 
distributing  the  water  so  taken  and  held ;  and  may  lay  its 
water  pipes  through  any  private  lands,  with  the  right  to 


stream  in  Mon 
son 


1888.  — Chapteh  162.  117 

enter  upon  the  same  and  disf  therein  for  the  purpose  of  ^^7  enter  upon 

,.'^-.  .~  .  ^.'^  ,    and  dig  up  roads 

makm^  all  necessary  repairs  or  service  connections,  and  under  direction 

,•  ,  1  *~  /•  •  1  -J  •  of  selectmen. 

tor  tne  purposes  atoresaid  may  carry  its  pipes  over  or 
under  any  water  course,  street,  raih'oad,  highway  or  other 
way,  in  such  manner  as  not  unnecessarily  to  obstruct  the 
same,  and  may  enter  upon  and  dig  up  any  road  or  other 
way  under  the  direction  of  the  selectmen  of  said  town  for 
the  purpose  of  laying  or  repairing  its  aqueducts,  pipes  or 
other  Avorks,  and  in  general  may  do  any  other  thing  con- 
venient or  proper  for  carrying  out  the  purposes  of  this 
act. 

Section  3.     The    said    corporation  shall  within  sixty  to  cause  to  be 

J  /.,  J.1        J.    1   •  />  1         1  •     1  J        /■  recorded  in  the 

claj^s  alter  the  taking  ot  any  lands,  right  ot  way  or  ease-  registry  of 
ments,  water  rights  or  sources  as  aforesaid,  otherwise  than  uou^'of^andsr''' 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry  ^tc,  taken. 
of  deeds  for  the  county  of  Hampden  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-  camagep. 
ages  sustained  by  any  person  in  property  l3y  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 
sustaining  damages  as  aforesaid  under  this  act,  who  fails 
to  agree  with  said  corporation  as  to  the  amount  of  dam- 
ages sustained  may  have  the  damages  assessed  and  deter- 
mined in  the  manner  })rovided  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  any  other  injury 
under  the  authority  of  this  act ;  but  no  such  application 
shall  be  made  after  the  expiration  of  said  three  years.  Xo 
application  for  assessment  of  damages  shall  be  made  for 
the  taking  of  any  water,  water  right  or  water  source  oi" 
for  any  injury  thereto  until  the  water  is  actually  with- 
drawn or  diverted  by  said  corporation  under  the  authority 
of  this  act. 

Section  5.     The  said  cor})oration  may  distribute  water.  May  regulate 
as  aforesaid  secured  and  provided,  through  the  said  town  and'tix"an"'coi. 
of  Monson,  may  regulate  the  use  of  said  water  and  fix  '^'"  water  rates . 
and  collect  rates  to  be  paid  for  the  use  of  the  same,  and 
may  make  such  contracts  with  the  said  town,  or  with  any 
fire  district  which  mav  hereafter  be  established  therein,  or 


118 


1888.  —  Chapter  162. 


Real  estate, 
capital  stock 
and  shares. 


Penalty  for  wil- 
fullj-  coriuptiug 
or  diverting 


Town  or  fire 
district  may 
take  franchise 
and  property. 


with  any  individual  or  corporation,  to  supply  water  for 
domestic  and  other  private  purposes,  and  for  the  extin- 
guishment of  fires  and  other  public  purposes  as  may  be 
agreed  upon  by  said  town  or  such  fire  district,  individual 
or  corporation  and  said  Monson  water  company.  But  no 
work  shall  be  commenced  on  said  water  works  until  a 
contract  shall  have  been  made  with  said  town  or  with  such 
fire  district  as  provided  in  this  section. 

Section  6.  The  said  corporation  may  for  the  purposes 
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  dol- 
lars, 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  moi-tgage  on  its  franchise,  corporate 
property  and  rights  to  an  amount  not  exceeding  its  capital 
stock  actually  paid  in  and  applied  to  the  purposes  of  this 
act. 

Section  7.  "\Yhoever  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  other  property  constructed,  made,  held  or  used  for  the 
purposes  of  and  under  the  authority  of  this  act,  shall  for- 
feit and  pay  to  the  proprietors  of  the  water  works  for  the 
time  being  three  times  the  actual  damages  assessed  there- 
for, to  be  recovered  in  an  action  of  tort,  and  upon  convic- 
tion 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  town  of  Monson  or  any  fire  dis- 
trict that  ma}^  hereafter  be  legally  organized  therein  shall 
have  the  right  at  any  time  to  take,  by  purchase  or  other- 
wise, 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,  works  and 
property  of  any  kind  held  under  the  provisions  of  this 
act,  including  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  maintaining  and  operating  the  works  of  said  corpora- 
tion shall  exceed,  in  any  year,  the  income  derived  from 
said  works  by  said  corporation  for  that  year,  then  such 


1888.  —  Chapter  162.  119 

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  3^ear  then  such  excess  shall  be  deducted  from  the 
total  cost.     The  said  town  or  fire  district  on  taking,  as  Town,  etc.,  to 
herein   provided,  the  property  of  said  corporation,  shall  gtanding^'dbiiga- 
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  any  mortgage  authorized  by  this  act,  the 
said  town  or  fire  district  may  take  possession  of  the  prop- 
erty and  rights  of  said  corporation  on  the  payment  of  the 
bonds  secured  by  said  mortgage,  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  district  to 
take   possession    of  such   franchise,   corporate  property, 
rights  and  privileges  upon  payment  of  such  cost  to  said 
corporation.     This  authority  to  take  said  franchise  and  Authority  to 
property  is  granted   on  the  condition  that  the  taking  is  etc.,  subject  to 
assented  to  by  said  town  or  fire  district  by  a  two-thirds  etcrby  a\°wo"' 
vote  of  the  voters  of  said  town  or  fire  district  present  and  ''^"'''®  ^■°'®- 
voting  thereon  at  a  meeting  legally  called  for  that  purpose. 

Section  9.     The  said  town  or  fire  district  may,  for  the  water  loan  not 
purpose  of  paying  the  cost  of  said  franchise  and  corporate  $°  o.ooo!*^ 
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  forty  thousand  dollars ;  such  bonds,  notes 
and  scrip    shall  bear  on  their  face   the    words   Monson 
AVatcr  Loan  or  Monson  Fire  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  exceeding  six  per 
centum  per  annum,  and  shall  be  signed  by  the  treasurer 
of  said  town  or  district  and  l)e  countersigned  by  the  water 
commissioners  hereinafter  provided  for.     The  said  town  securities  may 
or  district  may  sell   such  securities  at  public  or  private  or  private  mL'!" 
sale,  or  pledge  the  same  for  money  borrowed  for  the  pur- 


120  1888.  —  Chapter  162. 

poses  of  this  act,  upon  such  terms  and  conditions  as  it 
may  deem  proper.  And  said  town  or  district  shall  })ay 
the  interest  upon  said  loan  as  it  accrues  and  shall  proA'ide 
for  the  payment  of  said  principal  at  maturity  by  estah- 
lishing  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 
Sinking  fund,  tliis  act.  lu  casc  said  town  or  district  shall  decide  to 
establish  a  sinking  fund,  it  shall  contribute  thereto  annu- 
ally a  sum  sufficient  with  its  accumulations  to  pay  the 
principal  of  said  loan  at  maturity ;  and  said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
debt  and  shall  be  used  for  no  other  purpose.  If  said  town 
or  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  town  or 
district,  be  raised  annually  by  taxation  in  the  same  way 
as  money  is  raised  for  other  town  or  district  expenses. 
Araountofsiuk-  SECTION  10.  The  rctums  required  by  section  ninety- 
to^be'slaied  in  ouc  of  chapter  clcven  of  the  Public  Statutes  shall  state 
return.  ^|^^   auiouut  of  any  sinking  fund  established   under  this 

act,  and  if  none  is  estalilished  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. 
May  raise  annu-  Section  11.  After  the  purchasc  of  said  franchise  and 
sufficieut'foV"  corporate  property  as  herein  provided,  the  said  town  or 
"       * "  district  shall  raise  annually  by  taxation  a  sum  which,  with 

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  town  or  district,  together  with  such  payments  on 
the  principal  as  may  ])e  required  under  the  provisions  of 
this  act.  Said  town  or  district  is  further  authorized,  by 
assent  of  two-thirds  of  the  voters  of  said  town  or  district 
present  and  voting  thereon  at  a  legal  meeting  called  for 
the  purpose,  to  raise  liy  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  two  thousand  dollars  in  any  one 
year. 
Clerk  of  dis-  ■  Section  1 2 .  Whenever  a  tax  is  duly  voted  by  said 
to  assessors  of  distHct  for  thc  pur])oses  of  this  act,  the  clerk  shall  render  a 
ftlx°i^ vow"    certified  copy  of  the  vote  to  the  assessors  of  the  town  of 


current  ox 
penses 


1888.  —  Chapter  162.  121 

Monson,  who  shall  proceed  within  thirty  days  to  assess 
the  same  in  the  same  manner  in  all  resjiects  as  town  taxes 
are  required  bylaw  to  be  assessed.     The  assessment  shall  AsBessment  to 

■1       ,  ■'  ,       be  collected  by 

be  committed  to  the  town  collector,  who  shall  collect  said  towu  collector. 
tax  in  the  same  manner  as  is  provided  for  the  collection 
of  town  taxes  and  shall  deposit  the  proceeds  thereof  with 
the  district  treasurer  for  the  use  and  benefit  of  said  dis- 
trict. Said  district  may  collect  interest  on  taxes  when 
overdue  in  the  same  manner  as  interest  is  authorized  to  be 
collected  on  unpaid  town  taxes  :  provided,  said  district  at 
the  time  of  voting  to  raise  a  tax  shall  so  determine  and 
shall  also  fix  a  time  for  the  payment  thereof. 

Section  13.     The  said  town  or  district  shall,  after  its  Board  of  water 

1  i?"ii?i'  1  J.  J.  commUsioners 

purchase  ot  said  iranchise  and  corporate  property  as  pro-  to  be  elected. 
vided  in  this  act,  at  a  legal  meeting  called  for  the  purpose 
elect  by  Ijallot  three  persons  to  hold  offica,  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  l)y  ballot  for 
the  term  of  three  years.  All  the  authority  granted  to  the 
said  town  or  district  by  this  act,  and  not  otherwise  specifi- 
cally provided  for,  shall  be  vested  in  said  board  of  water 
commissioners  who  shall  be  subject  however  to  such 
instructions,  rules  and  regulations  as  said  town  or  district 
may  impose  by  its  vote.     The  said  commissioners  shall  be  coramissionera 

,1,  ,  i?j.i  •!•  i*ji.  •  •jj.T  J    to  be  truptees  of 

the  trustees  oi  the  sinking  lund  herein  provided  tor,  and  the  sinking 

a  majority  of  said  commissioners  shall  constitute  a  quo-  ^""'^^ 

rum  for  the  transaction  of  business  relative  both   to  the 

water   works  and  to  the    sinking   fund.       Any  vacancy 

occurring  in  said  l)oard  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    l)e    drawn    from    said    district   treasury  on 

account  of  said  water  works  except  by  a  written  order  of 

said  commissioners  or  a  majority  of  them.     Said  commis-  To  maue  annual 

sioners  shall  annually  make  a  full  report  to  said  town  or  town  or  district. 

district,  in  writing,  of  their  doings  and  expenditures. 

Section  14.     The  said  town  or  district  may  adopt  l>y-  railing  of  meet- 
laws    prescribing    h\   whom  and    how   meetings    may   ))p  '"g*'"'^*^"' •> '"  • 
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  or  the  clerk 


122 


1888.  —  Chapter  163. 


of  said  district,  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  Common- 
wealth, and  may  choose  such  other  officers  not  provided 
for  in  this  act  as  it  may  deem  proper  and  necessary. 

Section  15.  This  act  shall  take  effect  upon  its  passage, 
but  shall  become  void  unless  work  under  this  act  is  com- 
menced within  three  years  from  the  date  of  its  passage. 

Approved  March  27,  1888. 

ChaV  163   -^^    ^^^    ^^    ESTABLISH    PUBLIC    WEIGHERS    OF    SALT-WATEK    FISH 

LANDED   FROM  VESSELS. 


Work  to  be 
commenced 
within  three 
•years. 


Weighers  of 
fish  iu  pl.tces 
where  gait- 
water  fish  are 
landed  from 
vessels. 


Weigher  may 
appoint  depu- 
ties. 


Fish  to  be 
■weighed  upon 
request  or 
demand. 


Record  of 
weight,  etc.,  to 
be  kept. 


Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1 .  There  shall  be  appointed  annually  by  the 
mayor  and  board  of  aldermen  of  cities  and  by  the  select- 
men of  towns,  in  cities  and  towns  where  salt-water  fish 
are  landed  from  vessels,  a  public  weigher  of  fish,  who 
shall  hold  office  for  one  year  from  the  time  of  his  appoint- 
ment or  until  his  successor  is  appointed  and  who  shall 
before  entering  upon  his  duties  be  sworn  to  the  faithful 
performance  thereof,  and  shall  give  bond  so  conditioned 
with  sureties  in  the  sum  of  five  thousand  dollars. 

Section  2.  He  may  appoint,  subject  to  the  approval 
of  the  mayor  of  the  city  or  the  chairman  of  the  board  of 
selectmen  of  the  town,  as  the  case  may  be,  assistants  or 
deputy  weighers  for  whose  official  conduct  he  shall  be  held 
answerable  ;  who  shall  before  entering  upon  their  duties 
be  sworn  to  the  faithful  performance  thereof,  and  from 
each  of  whom  such  weigher  shall  exact  a  bond  so  condi- 
tioned with  sureties  in  the  sum  of  one  thousand  dollars. 
The  weigher  and  his  assistants  or  deputies  shall  not  be 
interested  directly  nor  indirectly  in  the  buying  or  selling 
of  fish. 

Section  3.  All  fish  when  landed  from  vessels  or  boats 
shall  be  weighed  by  such  weigher  or  his  assistants  or 
deputies,  at  the  request  or  demand  of  the  buyer  or  seller 
of  such  fish  or  the  master,  agents  or  a  majority  of  the 
crew  of  such  vessel  or  boat ;  and  the  weigher  shall  issue 
a  certificate  of  weight  to  the  seller  and  a  duplicate  to  the 
buyer. 

Section  4.  The  assistants  or  deputies  shall  make 
report  to  the  weigher  of  the  fish  weighed  b}^  them,  and  he 
shall  keep  a  complete  record  of  such  weight  with  the  date 


1888.  —  Chapter  164.  123 

of  weighing,  the  name  of  the  vessel  from  which  the  fish 
were  taken,  and  the  party  for  whom  the  fish  were  weighed. 
Such  scales,  beams,  measures  or  balances  as  may  be  re- 
quired by  the  weigher  or  his  assistants  or  deputies  shall  be 
properly  sealed  according  to  law  and  be  under  his  super- 
vision. 

Section  5 .  The  fees  for  weighing  shall  be  twenty  fees  for  weigh. 
cents  per  one  thousand  pounds  ;  except  that  in  no  case 
shall  the  fees  be  less  than  one  dollar ;  and  shall  be  paid 
by  the  party  or  parties  applying  to  have  the  fish  weighed. 
The  assistants  or  deputies  shall  be  required  to  pay  to  the 
weigher  two  cents  per  one  thousand  pounds  for  all  fish 
weighed  by  them. 

Section  6.     The  weigher  or  any  of  his  assistants  or  Penalty  on 
deputies  found  guilty  of  violating  his  oath  of  office  shall  violating  oath 
be  liable  to  a  penalty  of  not  less  than  twenty-five  nor  °  °  '"'■ 
more  than  one  hundred  dollars  and  shall  forfeit  his  position. 

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

Approved  March  27,  1888. 

An  Act  relative  to  the  declaration  of  the  results  of  elec-  (7yiax>.164 

TIONS    IN    cities    AND     THE    ISSUE   OF   CERTIFICATES    TO   PERSONS 
ELECTED. 

Be  it  enacted,  etc.,  asfollotvs: 

Section  1.     Section  thirty-two  of  chapter  two  hundred  ^tuit'?f'ei"c°^ 
and  ninety-nine  of  the  acts  of  the  year  eia'hteen  hundred  tions  in  cities, 

i'i/>  1       •  1  Ti  '  1        ^  1  z"  and  issue  or 

and  eighty-tour  relative  to  the  declaration  by  boards  ot  certificates  of 
aldermen  of  the  results  of  elections  in  cities  is  amended  ^ 
by  adding  thereto  the  following  words  :  —  Upon  the  expira- 
tion of  the  time  allowed  for  filing  such  request  for  a 
recount  of  ballots,  if  no  such  request  has  been  filed,  or 
after  the  ballots  have  been  examined  in  accordance  with 
such  request  and  such  returns  as  are  found  erroneous  have 
been  amended,  as  provided  in  the  preceding  section,  the 
board  of  aldermen  shall  forthwith  declare  the  result  of 
the  election,  and  the  city  clerk  shall  thereupon  issue 
certificates  of  their  election  to  the  persons  appearing  from 
such  returns  to  be  elected. 

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

Approved  3Iarch  27,  1888. 


124 


1888.  —  Chapters  165,  166. 


Chaiy.lGS   ^^   ^CT  concerning  the  investments  or  MUTUAL  LIFE  INSURANCE 

COMPANIES. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Nothing  in  the  charter  of  any  mutual  life 
insurance  company  incorporated  under  the  laws  of  the 
Commonwealth  shall  limit  the  investments  of  vsuch  company 
unless  such  limitation  be  contained  in  the  general  insur- 
ance laws  which  now  are  or  which  may  hereafter  be  in 
force. 

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

Approved  March  27,  1888. 


Investments  of 
mutual  life 
insurance  com- 
panies. 


ChCip.\(SQ        ^^   Act   TO   INCORPORATE    THE  MARLBOROUGH    STREET    RAILWAY 

COMPANY. 


^[ailborough 
Street  Railw.iy 
Company  in- 
corporated. 


May  construct 
street  railway 
in  Marll)orough, 


May  operate 
railw."iy  liy 
animal  or  elec- 
tric power. 


Capital  stock. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Samuel  Boyd,  Samuel  C.  Darling,  Ed- 
ward L.  Bigelow,  William  Morse,  Timothy  A.  Coolidge, 
Augustus  C.  Weeks,  Stillman  B.  Pratt,  James  T.  Mur- 
ph}^,  Winslow  ^l.  Warren,  their  associates  and  successors, 
are  hereby  made  a  corporation  under  the  name  of  the 
Marlborough  Street  Railway  Company,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  liabili- 
ties and  restrictions  set  forth  in  all  general  laws  that  now 
are  or  hereafter  may  be  in  force  relating  to  street  railway 
companies. 

Section  2.  Said  company  is  hereby  authorized  to 
construct,  maintain  and  use  a  railway,  with  convenient 
single  or  double  track,  upon  and  over  such  streets  and 
highways  in  the  town  of  jNIarlborough  as  shall  be,  from 
time  to  time,  fixed  and  determined  by  the  selectmen  of 
said  town. 

Section  3.  Said  company  may  maintain  and  operate 
said  railway  by  animal  power,  or  it  may  establish  and 
maintain  the  electric  system  of  motive  poAver,  so  called, 
and  with  the  consent  of  the  board  of  selectmen  of  the 
town  of  ^Marlborough,  ma}'  make  such  underground  alter- 
ation of  the  streets  and  highways,  and  erect  such  poles 
and  wires  as  may  be  necessary  to  establish  and  maintain 
such  motive  power ;  except  that  said  company  shall  not 
use  a  centre  surface  rail  for  the  transmission  of  the  electric 
current. 

Section  4.  The  capital  stock  of  said  company  shall 
not  exceed  fifty  thousand  dollars,  except  that  said  com- 


1888.  —  Chapter  167.  125 

pany  may  increase  its  capital  stock  subject  to  all  general 
laws  applicable  to  such  increase. 

Section  5.     Said  company  from  time  to  time,  by  the  May  issue 
vote  of  the  majority  in  interest  of  its  stockholders,  may  inoriga^ge  fian. 
issue  coupon  or  registered  bonds  to  an  amount  not  ex-  ertras^BeJ'uHty 
ceeding  the  amount  of  its  capital  stock  actually  subscribed  f^r  payment, 
for  and  paid  in,  for  a  term  not  exceeding  twenty  years 
from  the  date  thereof ;  and  to  secure  payment  thereof  with 
interest  thereon,  the  said  company  may  make  a  mortgage 
of  its  road  and  franchise,  and  any  part  of  its  other  prop- 
erty, and  may  include  in  such  mortgage  personal  property 
thereafter  to  be   ac(]uired.      Said  company  may  in  such 
mortgage  reserve  to  its  directors  the  right  to  sell,  or  other- 
wise   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  G.     All  l>onds  issued  shall  first  be  approved  '^°"'Jf^4j ^^^ 
by  some  person  appointed  by  the  company  for  that  pur-  certified. 
pose,  who  shall  certify  upon  each  bond  that  it  is  properly 
issued  and  recorded. 

Section  7.     If  said  company  shall  fail  to  locate,  con-  Road  to  be  put 
struct  and  put  in  operation  a  street  railway  in  accordance  bef°o're'Mar"cb  i, 
with   the  foregoing  provisions  prior  to  the  first   day  of  ^^^•'• 
March  in  the  year  eighteen  hundred  and  ninety,  all  the 
powers  and  authority  herein  given  shall  cease,  and  there- 
after this  act  shall  have  no  further  operation  or  effect. 

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

Approved  March  27,  1888. 

An   Act  to   authorize   the  city  of  lynn  to  make  an  addi-  z^/,/,^  1(37 

TIONAL   water   LOAN.  ^ 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The    city  of  Lynn,   for   the    purpose    of  Lynn m-ay  make 

,,..*'.  ^  '  11^  an  additional 

increasing  and  utihzing  its  present  sources  oi  water  water  loan. 
supply  and  paying  expenses  already  incurred  and  any 
expenses  connected  therewith,  may  raise  from  time  to 
time  a  sum  of  money  not  exceeding  three  hundred  thou- 
sand dollars,  and  for  this  purpose  may  issue  from  time  to 
time,  bonds,  notes,  or  scrip  not  exceeding  said  amount. 
Said  notes,  bonds,  or  scrip  shall  bear  on  their  face  the 
words  City  of  Lynn  Water  Loan  Act  of  1888,  shall  be 
payable  at  the  expiration  of  periods  not  exceeding  thirty 


126  1888.  —  Chapters  168,  169. 

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  securities  at  pub- 
lic or  private  sale  or  pledge  the  same  for  money  borrowed 
on  account  of  expenses  connected  with  its  water  supply, 
upon  such  terms  and  conditions  as  it  deems  proper :  pro- 
vided, that  such  securities  shall  not  be  sold  or  pledged  at 
To  estaiiiish  a  less  tliau  the  par  value  thereof.  The  said  city  shall,  at 
the  time  of  contracting  said  loan,  provide  for  the  estab- 
lishment of  a  sinking  fund,  and  shall  annually  contribute 
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 
the  said  city  shall  raise  annually  by  taxation  a  sum  suffi- 
cient to  pay  the  interest  as  it  accrues  on  said  bonds,  notes, 
and  scrip. 

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

Approved  March  27,  18S8. 


siukins'  fund. 


ChajJ.lGS 


An  Act  to  authokize  the  ohabei  shalom  in  boston  to  hold 
additional  real  and  personal  estate. 

Be  it  enacted,  etc.,  as  follows: 

May  hold  ad-  Section  1.     The  Oliabci  Shalom,  a  corporation  estab- 

aid^person^ai  Hshcd  by  chaptcT  ouc  hundred  and  seventy-nine  of  the 
acts  of  the  year  one  thousand  eight  hundred  and  forty-five, 
is  hereby  authorized  to  hold  additional  real  and  personal 
estate  to  an  amount  not  exceeding  one  hundred  and 
seventy-five  thousand  dollars. 

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

Approved  March  28,  1888. 


estate. 


Chap.im 


An  Act  relating  to  the  sale  of  its  real  estate  by  the  first 
baptist  society  in  chelsea. 


estate  in  Chel- 


Be  it  enacted,  etc.,  as  follows: 

May  sell  its  real  Section  1.  The  Fii'st  Baptist  Society  in  Chelsea,  a 
religious  corporation  duly  organized  and  existing  under 
the  laws  of  the  Commonwealth  at  Chelsea  in  the  county 
of  Sufiblk,  is  hereby  authorized  and  empowered  to  sell 
and  convey  in  fee  simple  any  part  or  the  whole  of  the  real 
estate  owned  by  it  in  the  city  of  Chelsea.  And  a  vote 
duly  passed  by  a  majority  of  the  members  of  said  society 


1888.  —  Chapter  170.  127 

present  and  voting,  either  in  person  or  by  proxy,  at  any 
meeting  of  said  society  duly  called  for  the  purpose,  shall 
be  sufficient  authority  for  said  society  to  sell  and  convey 
as  aforesaid. 

Sectiox  2.  Any  and  all  sales  and  conveyances,  either  Doings  of 
by  deed  in  fee  simple,  by  mortgage  or  otherwise,  hereto-  ^"''"^'y '^^'^'  '^ 
fore  made  by  said  First  Baptist  Society  in  Chelsea,  and 
all  acts  and  things  done  or  attempted  to  be  done  by  said 
society,  either  as  a  society  or  by  the  pewliolders  if  any 
there  were  or  now  are,  regarding  any  sale  and  convey- 
ance of  any  part  of  its  real  estate  on  Broadway  and 
Cherry  street  in  said  city  of  Chelsea  to  the  First  National 
Bank  of  Chelsea,  Massachusetts,  a  corporation  organized 
under  the  laws  of  the  United  States,  are  hereby  ratified, 
confirmed  and  made  valid  to  all  intents  and  purposes. 

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

Ajyprovecl  March  28,  1888. 

An  Act  relating  to  the  collateral  loan  company.  Chan  170 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  commissioners  of  savings  banks  shall  commissioners 

~  ot  savings 

have  access  to  the  vaults,  books  and  papers  of  the  Collat-  bani^s  to  have 
eral  Loan  Company,  and  it  shall  be  their  duty  to  inspect,  and  papers" 
examine  and  inquire  into  its  affairs,  and  to  take  proceed- 
ings in  reo'ard  to  them  in  the  same  manner  and  to  the 
same  extent  as  if  this  corporation  was  a  savings  bank, 
subject  to  all  the  laws  which  are  now  or  hereafter  ma}^  l^e 
in  force  relating  to  such  institutions  in  this  regard.     The  Returns  to  be 
returns    required   to   be  made   to   the   commissioners   of  inarbaianJl, 
savings  banks  shall  be  in  the  form  of  a  trial  balance  of  its  nshe'dilra'news. 
books,  and  shall  specify  the  different  kinds  of  its  liabilities  paper  in  Boston. 
and  the  different  kinds  of  its  assets,  stating  the  amounts 
of  each  kind,  in  accordance  with  a  blank  form  to  be  fur- 
nished Ijy  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  :  provided, 
Jioicever,  that  said  commissioners  may  cause  any  exami- 
nation to  be  made  by  an  expert  under  their  direction,  but 
at  the  expense  of  the  corporation. 

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

Approved  March  28,  1888. 


128  1888.  —  Chapter  171. 


Chan  171    ^^    ^'^^    ^*-*    SUPPLY     the    centre    village    of    LEICESTER    WITH 
-'-   '  WATER. 

Be  it  e7iacted,  etc. ,  as  folloivs  : 
Water  supply         Section  1.     The  inhabitants  of  the  centre  viHage  of 
village  of  Leicester  liable  to  taxation  in  the  town  of  Leicester  in  the 

Leicester.  countj  of  Worccstcr  and  residing  within  the  territory  en- 

closed by  the  following  boundary  lines,  to  wit :  —  Begin- 
ning at  a  stone  monument  set  in  the  ground  on  the  south 
side  of  Main  street  numbered  twenty-eight,  which  bears 
north  sixty-eight  and  three-fourths  degrees  east  from  the 
northeast  corner  of  the  Catholic  church,  and  is  sixty-four 
and  six-tenths  feet  distant  therefrom  ;  thence  running  in 
a  straight  line  due  south  one  hundred  and  sixty  rods  to  a 
point ;  thence  running  in  a  straight  line  westerly  about 
four  hundred  and  twent^^-five  rods  to  a  point  which  is  one 
hundred  and  sixty  rods  due  south  of  monument  numbered 
forty-two,  set  in  the  ground  on  the  south  side  of  Main 
street,  opposite  the  house  of  Henry  Graft";  thence  running 
due  north  in  a  straight  line  intersecting  said  monument 
numbered  forty-two,  three  hundred  and  twenty  rods  to  a 
point ;  thence  running  in  a  straight  line  easterly  about 
four  hundred  and  twentj^-five  rods  to  a  point  which  is  one 
hundred  and  sixty  rods  due  north  of  said  monument  num- 
bered twenty-eight ;  thence  running  due  south  in  a  straight 
line  one  hundred  and  sixt}^  rods  to  the  place  of  beginning, 
Leicester  Water  shall  coustitutc  a  watcr  district,  and  are  made  a  body 
fn''co?por?ted"''*  Corporate  by  the  name  of  the  Leicester  Water  Supply 
District,  for  the  purpose  of  supplying  themselves  with 
water  for  the  extinguishment  of  fires  and  for  domestic, 
manufacturing  and  other  purposes,  with  power  to  establish 
fountains  and  hydrants,  relocate  and  discontinue  the  same, 
and  to  take  and  hold  property  by  purchase  or  otherwise, 
for  the  purposes  mentioned  in  this  act,  and  to  prosecute 
and  defend  in  all  actions  relating  to  the  property  and 
aftairs  of  the  district. 
May  take  waters  Section  2.  Said  Water  supply  district,  for  the  pur- 
broo'k  ill  Leices- poses  aforcsald,  may  take  by  purchase  or  otherwise  and 
bmokSnPax-  ^  hold  tlic  watcrs  of  Rawson  brook  in  said  district,  or  any 
'""•  or  all  of  the  waters  of  Kettle  brook  in  the  town  of  Paxton, 

at  any  point  exceeding  one  mile  north  of  the  Worcester 
and  Paxton  road  :  provided,  however,  that  the  water  taken 
from  said  Kettle  brook  by  authority  of  this  act,  otherwise 
than   by  purchase,  shall   not    exceed    the    average    daily 


conduits  iiml 
pipc». 


188S,— Chapter  171.  129 

quantity  of  two  hundred  thousand  gAlIons,  said  quantity 
to  be  dctcnnincd  by  a  meter  ;  or  the  waters  of  any  springs 
or  other  water  sources,  on  the  water  sheds  of  said  brooks 
above  the  one  mile  limit  above  detined,  with  the  water 
rights  and  water  sources  connected  therewith,  and   may  May  uoui  liuui.-.. 
also  take,  by  purchase  or  otherwise,  and  hold  all  lands,  BtruVti"iraq.n-- 
rights  of  way  and  easements  in  the  towns  of  Leicester  and  ''"'^'*'  '■'^''• 
Paxton  necessary  for  laying,  constructing  and  maintaining 
aqueducts,  reservoirs,  storage  basins,  dams  and  such  other 
works  as  may  be  deemed  necessary  or  proper  for  collect- 
ing, purifying,  storing,  discharging,  conducting  and  dis- 
tributing said  waters  to  said  inhabitants  ;  and  may  erect 
upon  the  land  thus  taken  and  held  proper  dams,  buildings, 
tixtures  and  other  structures,  and  may  make  excavations, 
procure  and  operate  machinery,  and  provide  such  other 
means  and  appliances  as  may  be  necessary  for  the  establish- 
ment and  maintenance   of  complete  and    etFective  water 
works;  and  may  construct  and  lay  down  conduits,  pipes  May  lay  do 
and  other  works  under  or  over  any  lands,  water  courses 
or  pu])lic  or  private  ways,  and  along  any  such  ways  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same  ; 
and  for  the    purpose    of  constructing,    maintaining   and 
repairing  such  conduits,  pipes  and  other  works,  and  for 
all  proper  purposes  of  this  act,  said  water  supply  district 
may  dig  up  any  such  lands,  and,  subject  to  the  direction 
of  the  selectmen  of  the  town   in  which    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  thereon. 

Section  3.     Said  Leicester  water  supply  district  shall,  ^, '^."f,"' j'°"^. 
within  sixty  days  after  the  taking  of  any  lands,  rights  of  taken,  to  lic  rp- 

,  i.  •    ^  1.  J.  J  corded  in  the 

way,  waters,  water  rights,  water  sources  or  easements,  as  registry  of 
aforesaid,  otherwise  than  by  purchase,  file  and  cause  to  ^'^'''^''' 
be  recorded  in  the  office  of  the  registry  of  deeds  for  the 
Worcester  district  in  the  county  of  Worcester  a  descrip- 
tion thereof  sufficiently  accurate  for  identification  with  a 
statement  of  the  purposes  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  hereinafter  provided 
for. 

Sectiox  4.     Said  Leicester  water  supply  district  shall  T/iabiiity  for 
pay  all  damages  sustained  by  any  persons  or  corporations 
in  their  property  by  the  taking  of  any  lands,  rights  of 
way,  waters,  water  rights,  water  sources  or  easements,  or 
any  other  thing  done  by  said  district  under  the  authority 


130  1888.  — Chapter  171. 

Damages.  of  tliis  act.     Aiiv  pei'son  Sustaining  damages  as  aforesaid 

under  this  act,  who  fails  to  agree  with  said  district  as  to 
the  amount  of  his  damages,  may  have  them  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  two  years  from  the  taking  of  such  land 
or  other  property  or  the  doing  of  any  other  injury  under 
the  authority  of  this  act;  but  no  such  api:)lication  shall  be 
made  after  the  expiration  of  two  years.  No  application 
for  the  assessment  of  damages  shall  be  made  for  the  taking 
of  any  water,  water  rights  or  water  sources,  or  for  any 
injury  thereto  until  the  water  is  actually  withdrawn  or 
diverted  l)y  said  district  under  the  authority  of  this  act. 

iVacirfor^sup"'        Section  5.     Said    district   may  make    such   contracts 

plying  water,  ^ivith.  individuals,  corporatious,  and  the  town  of  Leicester 
for  supplying  water  as  may  be  agreed  upon,  and  may 
extend  its  pipes  for  that  purpose  subject  to  the  direction 
of  the  selectmen  of  the  town  of  Leicester,  through  the 
streets  and  highways  of  said  town  lying  outside  the  cor- 
porate limits  of  said  district. 

t'tiruSu^"^  Section  6.  The  first  meeting  of  said  district  shall  be 
called  on  petition  of  ten  or  more  legal  voters  therein  to 
and  by  a  warrant  from  the  selectmen  of  the  town  of 
Leicester  directed  to  one  of  the  petitioners  requiring  him 
to  give  notice  of  the  meeting  by  posting  copies  ot  said 
warrant  in  three  or  more  public  places  in  said  district, 
seven  days  at  least  before  the  time  of  said  meeting.  One 
of  the  selectmen  shall  preside  at  said  meeting  until  a  clerk 
is  chosen  and  sworn  ;  the  clerk  shall  then  preside  until  a 

Subject  to  ac-     moderator  is  chosen.     After  the  choice  of  a  moderator 

ceptanee  l)y  a  ,  /•      i  c     i  • 

two  thirds  vote,  the  qucstion  or  the  acceptance  of  this  act  shall  be  sub- 
mitted to  the  voters,  and  if  it  shall  be  accepted  l)y  a  two- 
thirds  vote  of  the  voters  present  and  voting  thereon,  it 
shall  go  into  effect,  and  the  meeting  may  proceed  to  act 
on  the  other  articles  contained  in  the  warrant. 
fomm\°/ioner"  Section  7.  Said  Leicester  Water  supply  district  shall, 
to  be  elected,  aftcr  its  acccptauce  of  this  act,  at  a  legal  meeting  called 
for  the  purpose  elect  by  ballot  three  persons  to  hold 
office,  one  until  the  expiration  of  three  years,  one  until 
the  expiration  of  two  years,  and  one  until  the  expiration 
of  one  year  from  said  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 


1888.  —  Chapter  171.  131 

said  district  by  this  act,  and  not  otherwise  specifically 
provided  for,  shall  be  vested  in  said  board  of  water  com- 
missioners, who  shall  be  subject  however  to  such  instruc- 
tions, rules  and  regulations  as  said  district  may  impose  by 
its  vote.      Said  commissioners   shall  be  trustees   of  the  coramisBK ners 

.     ,   .  /•         1    1  •  •  1      1     /•  1  •        -J  i-  .  1    to  be  trustees 

sinking  lund  lierein  provided  tor,  and  a  majority  ot  said  of  the  eiuking 

commissioners   shall  constitute  a  quorum  for  the  trans-  ^""'*' 

action  of  business  relative  both  to  the  water  works  and 

the  sinking  fund.     Any  vacancy  occurring  in  said  board 

from  any  cause  may  be  filled  for  the   remainder  of  the 

unexpired  term  by  said  district  at  any  legal  meeting  called 

for  the  purpose.      No  money  shall   be   drawn  from  the 

district  treasury  on  account  of  said  water  works,  except 

by  a  written  order  of  said  commissioners  or  a  majority  of 

them.      Said    commissioners    shall  annually  make  a  full  To  make  annual 

.■,-,..  .  ..  !•       t      •         -I     •  1    I'eport  to  the 

report   to   said   district    in   writing  ot   their   doings   and  diBtiict. 
expenditures.     Said  district  shall  also  at  a  legal  meeting 
called  for  the  purpose  elect  by  ballot  a  district  clerk  and 
treasurer  to  hold  office  for  the  term  of  one  year  and  until 
their  successors  are  chosen  and  qualified  in  their  stead. 

Section  8.     For  the  purpose  of  pa  vino;  all  expenses  i>eiceeter  Water 

.*~^  7  Sut>i)lv  District 

and  liabilities  incurred  under  the  provisions  of  this  act.  Loan,  not  to  cx- 
said  district  may  issue  bonds,  notes  or  scrip,  from  time  to  *=««'' *'^'°*^''- 
time,  signed  by  the  treasurer  and  countersigned  by  the 
chairman  of  the  water  commissioners  of  said  district,  to 
be  denominated  on  the  face  thereof  Leicester  Water  Sup- 
ply District  Loan,  to  an  amount  not  exceeding  seventy- 
five  thousand  dollars,  payable  at  periods  not  exceed- 
ing thirty  years  from  elate  of  issue  and  bearing  interest 
payable  semi-annually  at  a  rate  not  exceeding  six  per 
centum  per  annum.  And  said  district  may  sell  said 
securities  at  public  or  private  sale  at  not  less  than  par,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper.  Said  district  shall  pay  the  interest  on  said  loan 
as  it  accrues,  and  shall  provide  for  the  pa^'ment  of  said 
principal  at  maturity  by  establishing  at  the  time  of  con- 
tracting 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  dis-  v'°'^'°?,,["h'!,'"" 
trict  shall  decide  to  establish  a  sinking  fund  it  shall 
contribute  thereto  annually  a  sum  sufficient  Avith  its 
accumulations  to  pay  the  principal  of  said  loan  at  maturity  ; 
and  said  sinking  fund  shall  remain  inviolate  and  pledged 


132 


188S.  —  Chapter  171. 


'I'o  raise  by 
tuxatiou  eiiffi- 
cieiit,  with  in- 
come from 
water,  for  cur- 
rent expenses 
uiid  interest. 


Jlay,  by  a  two- 
thirds  vote, 
enlarge  worlis. 


Tax  to  oe  ap- 
sessed  by  tie 
asseBsors  of 
Leicester. 


Meetings  naay 
be  called  as  by 
laws  prescribe, 

6tC. 


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,  l)e  raised  annually  by  taxation  in  the 
same  way  as  money  is  raised  for  other  district  expenses. 

Section  9.  Said  district  shall  raise  annually  by  taxa- 
tion a  sum  which  with  the  income  derived  from  the  sale 
of  water  shall  be  sufficient  to  pay  the  current  annual 
expenses  of  operating  its  water  works  and  the  interest 
accruing  on  the  bonds  and  notes  issued  by  said  district, 
together  with  such  payments  of  the  principal  as  may  be 
required  under  the  provisions  of  this  act.  Said  district 
is  further  authorized  by  a  two-thirds  vote  of  the  voters  of 
said  district  present  and  voting  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  connected 
therewith,  not  exceeding  three  thousand  dollars  in  any 
one  year. 

Section  10.  Whenever  a  tax  is  duly  voted  by  said 
district  for  the  purposes  of  this  act,  the  district  clerk  shall 
deliver  a  certilied  copy  of  said  vote  to  the  assessors  of 
the  town  of  Leicester,  Avho  shall  proceed  within  thirty 
days  to  assess  the  same  in  the  same  manner  in  all  respects 
as  town  taxes  are  required  l)y  law  to  be  assessed.  The 
assessment  shall  be  committed  to  the  town  collector  who 
shall  collect  said  tax  in  the  same  manner  as  is  provided 
for  the  collection  of  town  taxes,  and  shall  deposit  the 
proceeds  thereof  with  the  district  treasurer  for  the  use 
and  benelit  of  said  district.  Said  district  may  collect 
interest  on  taxes  when  overdue  in  the  same  manner  as 
interest  is  authorized  to  be  collected  on  town  taxes  :  pro- 
vided, said  district  at  the  time  of  voting  to  raise  a  tax 
shall  so  determine,  and  shall  also  fix  a  time  for  payment 
thereof. 

Section  11.  Said  district  may  adopt  by-laws  prescrib- 
ing by  whom  and  how  meetings  may  be  called  and  notified  ; 
but  meetings  raa}'^  also  be  called  on  application  of  ten  or 
more  legal  voters  in  said  district  to  and  by  warrant  from 
the  selectmen  of  the  town  of  Leicester,  on  such  notice  as 
may  be  prescribed  in  said  warrant.  Said  district  may 
also  provide  rules  and  regulations  for  the  management  of 
its  water  works,  not  inconsistent  with  this  act  or  the  laws 


1888.  —  Chapter  171.  133 

of  this  Common weiilth,  and  may  choose  such  other  officers 
not  provided  for  in  this  act  as  it  may  deem  necessary  and 
proper. 

Section  12.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for  wu. 
pollutes  or  diverts  any  of  the  waters  taken  under  this  act,  or  diverting 
or  wilfully  or  wantonly  injures  any  dam,  reservoir,  aque-  '"^^^' 
duct,  conduit,  pipe  or  other  property  owned  or  used  by 
said  district  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  district  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  acts,  shall  be 
punished  by  a  line  not  exceeding  one  hundred  dollars  or 
by  imprisonment  not  exceeding  six  months. 

Sectiox  13.     The  said  town  of  Leicester  shall  have  the  '^'o^n  maytuke 
right  at  any  time  to  take,  by  i)urchase  or  otherwise,  the  property.' 
franchise,  corporate  property  and  all  the  rights  and  privi- 
leges of  said  district  on  payment  to  said  district  of  the 
total    cost  of  its  franchise,  Avorks  and  property  of  any 
kind,  held  under  the  provisions  of  this  act,  including  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  maintaining 
and  operating  the  works  of  said  district  shall  exceed  in 
any  year  the  income  derived  from  said  works  for  that 
year,  then  such  excess  shall  be  added  to  the  total  cost ; 
and  if  the  income  derived  from  Said  works  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.     Said  town,  on  taking  as  herein  provided  the  Town  to  assume 
property  of  said  district,  shall  assume  all  of  its  outstand-  obiigarions.'"^ 
ing  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  to  said  district.     In  Town  and  dis- 
ease said  town  and  district  are  unalile  to  agree  upon  the  -.i^veeTsl^.  S. 
amount  of  the  total  cost  of  the  franchise,  corporate  prop-  Ihe^matteHn 
erty,   rights  and  privileges  of  said  district,  then,  u})on  a  'I'sp"^*'"- 
suit  in  equity  by  said  town  the  supreme  judicial   court 
shall  ascertain  and  fix  such  total  cost  under  the  foresroino; 
provisions  of  this  act,  and  enforce  the  right  of  said  town 
to  take  possession  of  such  franchise,  property,  rights  and 
privileges  upon  payment  of  such   cost  to   said  district. 
This    authority  to   take   said    franchise  and  jiroperty  is 
granted  on  condition  that  the  taking  is  assented  to  by  said 
town   by  a  two-thirds  vote   of  the  voters  of  said  town 


134  1888.  — Chapter  172. 

present  and  votinc:  thereon  at  an  annual  meeting-  or  any 
other  meetinir  Icgalh^  called  for  that  purpose.  Said  town, 
upon  the  taking  herein  provided  for,  shall  be  entitled  to 
all  the  rights  and  privileges  granted  to,  and  shall  be  sub- 
ject to  all  the  duties  and  liabilities  imposed  upon  said 
district  by  this  act  and  the  laws  of  this  Commonwealth. 
Upon  the  taking  herein  provided  for  in  this  section,  all 
the  provisions  of  this  act  relating  to  the  election,  powers 
and  duties  of  a  board  of  water  commissioners,  the  issue 
of  bonds,  notes  and  scrip,  the  establishment  of  a  sinking 
fund  and  provisions  for  the  payment  of  said  bonds,  notes 
and  scrip  by  instalments,  shall  be  applicable  to  said  town  : 
Leicester  Water  ^,-o^i/(^/e(/^  ho7cever,  that  Said  bonds,  notes  and  scrip  shall 
be  denominated  on  the  face  thereof  Leicester  AVater  Loan, 
instead  of  "  Leicester  Water  Supply  Dij^trict  Loan",  and 
shall  be  countersigned  l)y  the  town  treasurer. 
Subject  to  ac  Section  14.     This  act  shall  take  efl'ect  upon  its  passage, 

u^^'tMr'tiB^fote.  but  sliall  bccomc  void  unless  accepted  by  a  two-thirds 
vote  of  the  voters  of  said  district  present  and  voting 
thereon  at  any  legal  meeting  called  for  the  purpose  within 
three  years  from  its  passage  ;  but  the  number  of  meetings 
so  called  in  any  year  shall  not  exceed  three. 

Approved  March  29,  1SS8. 


Chap.172 


An  Act  permitting  the  establishment  of  a  fike  district  in 
the  town  of  stockbridge. 

Be  it  enacted,  etc.,  as  foUoivs : 

Fire  district  Section  1.     A  fire  disti'ict  maybe  established  in  the 

Hsh'ed'inVto'ck  towu  of  Stockbiidgc  to  iucludc  all  the  territory  within  the 
bridge.  following  limits,  that  is  to  say  :  Beginning  in  the  centre 

of  the  Housatonic  river,  where  the  JNlarkham  broolv  empties 
into  the  same  ;  thence  northerly  to  a  large  elm  tree  on  the 
easterly  bank  of  said  l)rook,  twenty  feet  northerly  of  the 
north  bank  of  said  ri^■er ;  thence  south  seventy  degrees 
east  one  thousand  six  hundred  and  seventy  and  one-half 
feet  to  or  near  the  easterly  line  of  Church  street, 
at  an  elm  tree ;  thence  south  forty-seven  degrees  east 
six  thousand  nine  hundred  and  fifty-eight  feet  to  the 
saw-mill  brook  of  S.  AY.  Comstock,  striking  the  north-east 
corner  of  said  Comstock's  tenant  house  near  said  brook  ; 
thence  down  said  brook  four  hundred  and  thirty  feet 
more  or  less,  to  the  middle  of  said  Housatonic  river ; 
thence  down  the  thread  or  middle  of  said  river  to  the 
place  of  beginning. 


1888.  —  CiiAPTEK  172.  135 

Sectiox  2.  Before  the  district  is  constituted  and  or-  ridiminaiy 
ganized  a  petition  shall  be  presented  to  the  town  at  a  legal  p'°'--'^""«''- 
meeting,  stating  the  limits  of  the  proposed  district,  the 
number  of  inhabitants,  the  number  of  voters  and  the 
amount  of  taxable  property  in  said  proposed  district  as 
near  as  the  same  can  be  ascertained  from  the  records  and 
statistics  of  the  town.  If  at  said  meeting  the  town  shall 
vote  in  favor  of  constituting  and  organizing  said  district, 
the  inhabitants  of  the  said  district  may  proceed  to  consti- 
tute and  organize  the  same  in  accordance  Avith  the  pro- 
visions of  the  laws  relating  to  fire  districts. 

Section  3.  The  legal  voters  of  the  said  fire  district  of  ^^^^^^l,!,Zh^ 
the  town  of  Stockl)ridge  shall,  within  one  year  from  the  elected. 
organizing  of  said  district,  at  a  meeting  called  for  the 
purpose,  choose  by  ballot  a  board  of  three  commissioners, 
Avho  shall  be  a  board  of  commissioners  of  hydrants,  water 
tanks  for  fire  purposes,  sidewalks,  common  sewers,  main 
drains,  lamps  and  street  sprinkling,  all  of  whom  shall  be 
legal  inhal)itants  and  voters  in  said  district.  Said  com- 
missioners shall  serve  until  the  next  annual  meeting  of 
said  district  and  until  others  are  chosen  and  qualified  in 
their  stead ;  and  said  district  shall  thereafter,  at  the 
regular  annual  meeting  of  said  district,  choose  by  ballot 
three  such  commissioners,  who  shall  serve  during  the 
ensuing  year  and  until  others  are  chosen  and  qualified  in 
their  stead.  And  said  district  shall  have  authority  to  fill 
any  vacancy  in  said  board  at  any  meeting  of  said  fire 
district  regularly  called  for  that  purpose.  Said  commis- 
sioners shall  be  sworn. 

Section  4.     Said  district  may,  at  meetings  called  for  District  may 

11,  •  J?        J.1  "^  ir'  •     „         4.   raise  money  for 

that  purpose,  raise  money  lor  the  purpose  oi  carrying  out  purposes  of  this 
the  provisions  of  this  act ;  and  said  board  shall  expend  '"''^• 
the  same  for  the  purposes  prescribed  by  vote  of  the  dis- 
trict, and  every  member  of  said  board  of  commissioners 
shall  be  accountable  to  said  district  for  any  money  re- 
ceived by  him ;  and  said  district  may  maintain  a  suit 
therefor  in  the  name  of  the  inhabitants  of  said  district. 
Said  board  shall  not  expend  any  money  which  has  not 
been  duly  appropriated  by  the  district,  and  shall  have  no 
authority  to  bincl  the  district  to  the  payment  of  money  in 
excess  of  its  appropriation  or  for  any  purpose  not  speci- 
fied by  the  vote  of  the  district  appropriating  the  same. 
But  said  district  shall,  during  no  year,  raise  by  tax  any 
amount  of  money  exceeding  one-fourth  of  one  per  cent, 
of  the  taxable  property  in  said  district. 


136 


18S8.  —  CiiAPTEK  172. 


Sums  votfd  to 
be  irtiscd  to  he 
Cfititied  to 
assessors  of 
town. 


Ccmtuiesioners 
to  have  charge 
of  main  drains, 
street  hydrauts, 
etc. 


To  determine 
gra'le  of  side- 
i?alks. 


Removal  of 
obMrtictions 
from  eidewalkB. 


Section  5.  The  clcvk  of  the  district  shall,  on  or 
before  the  first  day  of  jNIay  of  each  year,  certify  to  the 
assessors  of  the  town  of  Stockbridge  all  sums  voted  to  be 
raised  by  the  district  during  the  year  last  preceding  under 
the  provisions  of  this  act,  which  sums  shall  be  assessed 
and  collected  l)y  the  officers  of  the  town  in  the  same 
manner  as  town  taxes  are  assessed  and  collected,  and 
shall  l)e  paid  over  to  the  treasurer  of  said  district,  who 
shall  hold  the  same  subject  to  the  order  of  said  board. 
The  clerk  of  said  district  shall  act  as  clerk  of  said  board 
and  shall  enter  all  its  proceedings  in  the  records  of  said 
district. 

Section  G.  It  shall  he  the  duty  of  said  board,  under 
the  supervision  and  direction  of  said  district  to  construct, 
reconstruct,  erect,  repair,  maintain  and  have  charge  of  all 
main  drains,  common  sewers,  sidewalks,  lamp  posts, 
street  lamps  and  street  hydrants  in  said  fire  district,  and 
have  charge  of  the  sprinkling  of  the  streets  tliercin  and  of 
all  matters  pertaining  thereto  as  herein  provided  ;  and  to 
construct  such  cross-walks  as  may  be  ordered  by  said 
district ;  and  to  keep  maps  and  plans  of  all  such  main 
drains  and  common  sewers. 

Section  7.  Said  board  shall  have  authority  to  deter- 
mine the  grade,  width  and  material  including  curbstone, 
of  all  sidewalks  on  the  public  streets  and  highways  of 
said  district,  and  to  construct,  reconstruct  and  repair 
such  sidewalks  in  accordance  with  such  determination. 
Upon  the  completion  of  any  sidewalk  by  said  l)oard,  or 
the  completion  of  the  reconstruction  or  repair  of  any  side- 
walk, or  within  one  year  thereafter,  said  board  shall 
ascertain,  determine  and  certify  the  whole  expense  of 
such  making,  reconstruction  or  repair,  and  shall  cause  a 
record  thereof  to  l)e  made,  and  shall  assess  a  portion,  not 
exceeding  one-half  the  amount  of  the  same,  upon  all  the 
lands  winch  abut  on  such  sidewalk  so  made,  recon- 
structed or  repaired. 

Section  8.  Said  board  shall  have  power  to  determine 
when,  in  what  manner  and  to  what  extent  snow,  ice, 
gi-ass,  herbage,  trees  and  other  obstructions  shall  be 
removed  from  the  sidewalks  in  said  district,  or  from  any 
of  the  same  or  any  portion  thereof;  and  to  fix  by-laws 
and  penalties  regulating  the  same,  subject  to  the  ai)proval 
of  said  fire  district,  and  also  by-laws  and  penalties  pro- 
hibiting the  deposit  of  ashes,  garbage,  filth  or  other  refuse 


1888.  —  CiiAPTEii  172.  137 

matter  on  the  streets  and  sidewalks  within  the  limits  of 
said  district. 

Sectiox  0.  No  sidewalk  graded,  constructed,  recon-  Reconstruction 
structed  or  repaired  in  said  district,  in  contbrmity  to  the  *"  »epa»i8. 
provisions  of  this  act,  shall  be  dug  up  or  o])structed  in 
any  part  thereof  without  the  consent  of  said  l)oard ;  and 
wlioever  rides  or  drives  or  leads  any  neat  cattle,  or  uses 
any  vehicle  moved  by  hand  other  than  those  used  for  the 
carriage  of  children,  invalids  or  persons  disabled,  upon  or 
along  any  sidewalk  in  said  district  except  to  cross  the 
same,  or  shall  dig  up  or  otherwise  obstruct  the  same, 
without  such  consent,  shall  forfeit  a  sum  not  less  than  one 
nor  more  tlian  five  dollars  for  each  violation  of  the  provi- 
sions of  this  section. 

Section  10.  Said  fire  district,  at  meetings  called  for  Construction  of 
that  purpose,  may  order  said  board  to  construct  cross-  '^'■°*®"^'^ 
walks  in  any  of  the  streets  in  said  district  on  which  they 
have  authority  to  construct  sidewalks.  Said  board  shall 
construct  all  such  cross-walks  at  the  expense  of  said  dis- 
trict, and  shall  repair  and  reconstruct  the  same  when 
ordered  by  said  district,  and  at  its  expense. 

Section  11.     Said  board  shall  lay,  make,  reconstruct  ^ram  drains 

..  .,,.         .  ,,  *^i  .,.  ,    and  common 

and  maintain  in  said  district  all  such  mam  drams  and  sewers. 
common  sewers  as  said  district,  at  a  legal  meeting  called 
for  that  purpose,  shall  by  vote  adjudge  to  be  necessary 
for  tlie  public  convenience  or  the  public  health,  and  may 
repair  the  same  from  time  to  time  Avhenever  necessary; 
and  for  these  purposes  may  take,  in  the  manner  hereafter 
provided,  any  land,  property  or  right  which  in  their 
opinion  may  be  necessary  therefor. 

Section  12.  All  the  main  drains  and  common  sewers  Main  drains, 
in  said  district  shall  be  the  property  of  said  district  and  erty  of  afst^'^ct'. 
shall  be  under  the  charge  and  control  of  said  board,  who 
shall  have  the  power  and  authority  to  regulate  the  use  of 
the  same  and  to  prescribe  the  mode,  terms  and  conditions 
in  W'hich  the  same  shall  he  entered  by  private  drains. 
And  no  person  shall  be  allowed  to  enter  or  discharge  into 
a  main  drain  or  common  sewer  any  private  drain  except 
by  leave  of  said  board  and  on  such  terms  and  conditions 
as  said  board  shall  prescribe  ;  and  all  such  ])rivate  drains 
entering  any  main  drain  or  common  sewer  shall  be  under 
the  exclusive  charge  and  control  of  said  board,  who  shall 
have  authority  to  make  and  execute  orders  concerning  the 
same  as  though  the  same  were  constructed  by  said  board 


138 


1888.  —  Chapter  172. 


Asseasments  to 
constitute  a  lien 
upon  real  estate. 


To  be  recorded, 
and  a  list  com- 
mitted to  col- 
lector of  taxes. 


Duties  of  col- 
lector. 


Re-asBeBements, 


under  this  act.  The  provisions  of  this  section  sliall  apply- 
to  and  a;overn  the  use  of  all  sewers  and  drains  in  said  dis- 
trict,  and  to  the  compensation,  terms  and  conditions  to  be 
made  for  such  use,  whether  the  same  have  been  heretofore 
or  shall  hereafter  be  constructed. 

Sectiox  13.  All  assessments  made  by  said  board,  as 
provided  for  in  this  act,  shall  constitute  a  lien  on  the  real 
estate,  assessed  for  two  years  from  the  time  of  assessment, 
and  for  one  year  after  the  final  determination  of  any  suit 
or  proceedings  in  which  the  amount  or  validity  of  such 
assessments  shall  be  drawn  in  question.  Every  assess- 
ment made  by  said  board  shall  be  recorded  in  books  to  be 
kept  for  that  purpose,  and  a  list  thereof  .shall  be  com- 
mitted by  said  board  for  collection  to  the  person  then 
authorized  by  law  to  collect  taxes  in  said  town.  Said 
collector  shall  forthwith  publish  the  same  by  posting  up 
true  and  attested  copies  thereof  in  three  several  public 
places  in  said  district ;  and  shall,  within  thirty  days  from 
said  publication  thereof,  demand  payment  of  the  same  of 
the  owner  or  occupant  of  the  land  assessed,  if  known  to 
him,  and  within  his  precinct.  If  any  such  assessment 
shall  not  be  paid  within  three  months  from  the  publica- 
tion of  said  list,  he  shall  levy  the  same,  with  incidental 
costs  and  expenses,  by  sale  of  the  land,  such  sale  to  be 
conducted  in  like  manner  as  sales  of  land  for  non-pay- 
ment of  town  taxes  ;  and  in  making  such  sales  and  any 
sales  for  taxes  assessed  for  said  district,  such  collector 
and  said  district  and  its  officers  shall  have  all  the  powers 
and  privileges  conferred  by  the  general  laws  of  the  Com- 
monwealth upon  collectors  of  taxes  and  upon  cities  and 
towns  and  their  officers,  relating  to  sales  of  land  for  the 
non-payment  of  taxes.  The  collector  shall  pay  over  all 
moneys  received  by  him  under  this  act  to  the  treasurer  of 
said  district  in  the  same  manner  as  moneys  received  by 
him  from  taxes  assessed  for  said  district  by  the  assessors 
of  Stockbridge. 

Section  14.  Every  assessment  made  by  said  board 
which  is  invalid  by  reason  of  any  error  or  irregularity 'in 
the  assessment  and  which  has  not  been  paid,  or  which  has 
been  recovered  l)ack  or  which  has  been  enforced  by  an 
invalid  sale,  may  be  re-assessed  by  the  aforesaid  board  of 
commissioners,  for  the  time  being,  to  the  just  amount 
which,  and  upon  the  estate  upon  which,  such  assessment 
ought  at  first  to  have  been  assessed ;  and  the  assessments 


1888.  —  Chapter  172.  139 

then  rc-asscssed  shall  be  payable  and  shall  be  collected 
and  enforced  in  the  same  manner  as  other  assessments. 

Section  15.  Any  person  aggrieved  by  an  assessment  Remedy  for 
made  by  said  board  may,  at  any  time  within  three  months  grieved." 
from  the  pal)lication  of  the  list  of  such  assessment,  as 
provided  in  the  preceding  section,  apply  by  petition  to 
the  superior  court  for  the  county  of  Berkshire  ;  and  after 
due  notice  to  the  said  lire  district,  a  trial  shall  be  had  at 
the  bar  of  said  court,  in  the  same  manner  in  Avhich  other 
civil  causes  are  there  tried  by  the  jury  ;  and  if  either 
request  it  the  jur}^  shall  view  the  place  in  question. 
Before  filing  said  petition,  the  petitioner  shall  give  one 
month's  notice  in  writing  to  said  board  of  his  intention  so 
to  apply,  and  shall  therein  particularly  specify  his  ol)jec- 
tion  to  the  assessments  ;  and  to  such  specification  he  shall 
be  confined  in  the  hearing  by  the  jury.  If  the  jury  shall 
not  reduce  the  amount  of  the  assessment  complained  of, 
the  respondent  shall  recover  costs  against  the  petitioner, 
which  costs  shall  be  a  lien  upon  the  estate  assessed,  and 
be  collected  in  the  same  manner  as  the  assessment ;  but  if 
the  jury  shall  reduce  the  amount  of  the  assessment  the 
petitioner  shall  recover  costs. 

Sectiox   16.     Whenever   land   is  taken  by   virtue  of  J]j7j''[^p'^^°°  °*j,^ 
the    provisions    of   section  eleven,   the   said  board  shall '^corded  in  the 
within    sixty    days    after    any    such    taking,    file    in    the  deeds. 
registry  of  deeds  of  the  middle   district  of  the   county 
of    Berkshire,    a    description    of    any    lands    so    taken 
sufficiently  accurate    for  identification,   and  a  statement 
of  the  purpose  for  wdiich  it  is  taken  ;  and  the  right  to 
use  all  lands   so   taken    for  the    purposes   mentioned    in 
said  statement  shall  vest  in  said  fire  district  and  its  suc- 
cessors.    Damages  for  land  so  taken  shall  be  paid  by  said  ^^T^'^^^^^^gtrict 
fire  district ;  and  any  person  agixrievcd  by  the  taking  of 
his  land  under  this  act,  and  failino*  to  aijree   with  said 
board  as  to  the  amount  of  damages,  may  upon  a  petition 
filed  with    the    county    commissioners  of  the    county   of 
Berkshire  w'ithin  one  year  from  the  filing  of  the  descrip- 
tion thereof  in  the  registry  of  deeds,  have  his  damages 
assessed  and  determined  in  the  manner  provided  when 
land  is  taken  for  highways:    and  if  either  party  is  not  I'a'-t'fsnot 

o  •'       •  1  */  sutisned  with 

satisfied  with  the  award  of  damages  by  the  county  com-  award  mny 
missioncrs,  and  shall  apply  for  a  jury  to  revise  the  same,  "'^^'^  or  a  jury. 
the  fire  district  shall  pay  the  damages  awarded  by  the 
jury,  and  shall  pay  costs  if  the  damages  arc  increased  by 


140 


1888.  — Chapter  172. 


Kecovery  of 
penalties. 


Provisions  of 
general  laws  to 
apply. 


Authority  of 
town  to  con- 
struct sidewallis 
within  district 
suspended. 


Damages  recov- 
ered of  town 
may  be  recov- 
ered by  town  of 
the  fire  district. 


the  jury,  and  shall  recover  costs  if  the  damaires  are 
decreased  ;  but  if  the  jury  shall  award  the  same  damages 
as  were  awarded  by  the  county  commissioners  the  party 
who  applied  for  the  jury  shall  pay  costs  to  the  other 
party. 

Section  17.  Penalties  under  the  provisions  of  this 
act,  and  under  any  by-laws  established  in  pursuance 
thereof,  may  be  recovered  by  action  of  tort  brought  by 
direction  of  said  board  in  the  name  of  and  for  the  use  of 
said  district,  or  on  complaint  or  indictment  to  the  use  of 
the  Commonwealth  :  provided,  that  no  such  action,  com- 
plaint or  indictment  shall  be  maintained,  unless  brought 
within  thirty  days  after  the  right  of  action  accrues  or  the 
offence  is  committed.  No  inha1)itant  of  the  district  shall 
be  disqualified,  by  reason  of  his  being  such  inhabitant,  to 
act  as  judge,  magistrate,  juror  or  officer,  in  a  suit  brought 
for  such  penalty. 

Section  18.  The  provisions  of  all  general  laws  of  the 
Commonwealth  applicable  to  fire  districts,  and  not  incon- 
sistent with  this  act,  shall  apply  to  the  fire  district  of 
the  town  of  Stockl:)ridge  organized  as  herein  provided. 
Nothing  herein  contained  shall  be  construed  to  interfere 
with  the  authority  of  surveyors  of  highwaj's  or .  any 
authorit}^  of  the  town  or  its  agents  which  can  be  legally 
exercised  over  highways  or  roads.  But  the  town  of 
Stockbridge  shall  repair  any  injury  done  to  sidewalks  in 
said  district  by  the  officers  of  said  town  by  reason  of  any 
raising,  lowering,  or  other  act  done  for  the  purpose  of 
repairing  a  highway  or  town  way ;  and  whenever  any 
cross-walk  shall  be  torn  up  or  injured  by  the  officers  of 
the  town  of  Stockbridge  in  making,  repairing,  altering, 
raising  or  lowering  any  highway  or  townway,  said  town 
shall  relay  and  repair  such  cross-walk  in  like  order  and 
condition  as  the  same  was  in  before  it  was  torn  up  or 
injured.  The  authority  of  the  town  of  Stockbridge  to 
construct  sidewalks,  main  drains  and  common  sewers, 
within  the  limits  of  said  district,  shall  be  suspended  while 
this  act  is  in  force  ;  but  this  act  shall  in  no  wise  affect  the 
liability  of  the  town  for  any  damages  caused  within  the 
limits  of  its  highways. 

Section  19.  When  a  party  upon  the  trial  of  an  action 
recovers  damages  of  said  town  for  an  injury  caused  to  his 
person  or  property  by  a  defect  in  any  sidewalk  in  said 
fire  district,  if  the  fire  district  has  had  reasonable  notice 


1888.  — CiiArTERS  173,  174.      .  Ul 

to  defend  the  action,  the  said  town  may  recover  of  the 
fire  district,  in  addition  to  the  damages,  all  costs  of  both 
plaintiff  and  defendant  in  the  action. 

Sectiox  20.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1SS8. 

An   Act   to   establish    the    salary  of    the  justice   of    the  /^/.^y^iyQ 

SECOND   DISTRICT   COURT   OF   SOUTHERN  WORCESTER.  -^" 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     The  salary  of  the  justice  of  the  second  saiaryof 
district  court  of  southern  Worcester,  beginning  with  the 
first  day  of  April,   eighteen  hundred  and  eighty-eight, 
shall  be  fourteen  hundred  dollars  a  year. 

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

Approved  March  29,  188 S. 


justice. 


Chap.174 


An  Act  to  amend  an  act  in  relation  to  pensioning  disabled 
members  of  the  fire  department  of  the  city  of  boston, 
and  for  other  purposes. 

Beit  enacted,  etc.,  as  follows : 

Sectiox  1.     Section  one  of  chapter  one  hundred  and  Retirement 

.,  „,  •     ^  ^  11  1.1  from  office  of 

seven  ot  the  acts  oi  the  3'ear  eighteen  hundred  and  eighty  disabled  mem- 
is  hereljy  amended  so  as  to  read  as  follows  : —  Section  1.  Bobion  firl  de- 
The  board  of  fire  commissioners  of  the  city  of  Boston,  by  i88o,To7!"§  1. 
the  affirmative  vote  of  all  the  members,  and  with  the  ap- 
proval of  the  mayor,  may  retire  from  office  in  the  fire 
department  any  member  thereof  who  has  become  disabled 
while  in  the  actual  performance  of  duty,  or  any  member 
who  has  performed  faithful  service  in  the  department  for 
a  period  of  not  less  than  fifteen  consecutive  years,  and 
place  the  member  so  retired  upon  a  pension  roll.     No  Members  may 
such  meml)er  shall  be  placed  on  the  pension  roll  unless  it  permano°°tfy  " 
shall  be   certified  to  the  board  in    writing   by  the    city  i»capacitatc<i. 
physician  that  such  member  is  permanently  incapacitated, 
either  mentally  or  physically,  from  performing  his  duty 
as  a  member  of  the  department.     In  case  of  total  disabil- 
ity caused  or  induced  by  the  actual  performance  of  his 
duty,  the  amount  of  annual  pension  shall  be  one-half  of 
the  annual  compensation  allowed  to  men  of  the  grade  in 
which  such  disabled  member  served,  or  such  less  sum  as 
the  said  board  may  determine.     The  pension  of  members 
of  the  permanent  force  who  have  served  fifteen  years  shall 
be  an  amount  not  exceeding  one-third  the  annual  salary 


142  1888.  —  Chapters  175,  176. 

or  compensation  of  the  office  from  which  said  members 
are  retired,  or  such  less  sum  as  the  board  may  determine. 
The  pension  of  members  of  the  call  force  who  have  served 
fifteen  or  more  consecutive  years  shall  be  an  amount  not 
exceeding  one-half  the  annual  salary  or  compensation  of 
the  office  from  which  said  members  are  retired,  or  such 
less  sum  as  the  board  may  determine. 
Subject  to  ac-  SECTION  2.     This  act  sliall  take  efiect  when  accepted 

ceptaace  by  the    ,  ,  .  m       /•    i  •  /•  t> 

city  council.       by  the  City  council  oi  the  city  oi  lioston. 

Approved  March  29,  1S88. 

Ohnn  17'')  ^^  "^^^  relating  to  the  election  of  memi3ers  op  the  com- 

^   '  MON    COUNCIL    FROM   WARDS   TWENTY-TWO   AND    TWENTY-FIVE   IN 

THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc. ,  as  follows : 

Members  of  the  Section  1.  At  the  ncxt  municipal  election  in  the  city 
from  wards  22  of  Bostoii  and  at  cacli  municipal  election  thereafter  the 
qualified  voters  of  each  of  the  wards  numbered  twenty- 
two  and  twenty-five  shall  give  in  their  votes  for  two  able 
and  discreet  men,  qualified  voters  in  the  ward,  to  be 
members  of  the  common  council  for  the  ensuing  year. 
The  election  of  said  officers  shall  be  conducted  and 
records  thereof  kept  in  the  manner  provided  for  the  other 
wards  of  said  city,  and  the  members  of  the  common 
council  now  elected  from  said  wards  shall  continue  to 
hold,  their  office  until  the  expiration  of  the  present  muni- 
cipal year,  according  to  the  laws  in  force  at  the  time  of 
their  election. 
Repeal.  SECTION  2.     Scctioii  tlircc  of  chapter  two  hundred  and 

forty-two  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-six,  and  all  acts  and  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed. 

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

Approved  March  29,  ISSS. 

Chan  176  ^^   ^^^  ^^^    prohibit    railroad    corporations    FROM    REQUIRING 
WOMEN   AND   CHILDREN   TO   RIDE   IN    SMOKING   CARS. 

Be  it  enacted,  etc. ,  as  follows : 

Women  and  .  Section  1.  No  raili'oad  corporation  doing  business 
be\equ"irtd  to  withlu  thls  CommoiiAvealth  shall  compel  or  require  women 
nde  in  smoking  ^^  children  to  ride  in  smoking  cars. 

Penalty.  SECTION  2.     Any  railroad  corporation,  or  any  officer 

or  employee  thereof,  violating  any  provision  of  this  act 


1SS8.  —  Chapters  177,  178,  179.  143 

shall  be  punished  by  fine  of  not  less  than  ten   nor  more 
than  fifty  dollars  for  each  offence. 

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

A2yproved  March  29,  188S. 


ChapAll 


An  Act  relative  to  the  stock  of  associations  formed  for 
charitable,  educational  and  other  purposes. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1,     Every  corporation  organized    under   the  May  increase 
provisions  of  chapter   one   hundred    and   fifteen    of  the  IJotexceemng" 
Public  Statutes,  at  a  meeting  called  for  the  purpose,  may  *ooo.o"o- 
increase  the  amount  of  its  capital  stock,  and  the  number 
of  shares  thciein,  to  an  amount  not  exceeding  five  hun- 
dred thousand  dollars. 

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

Approved  March  29,  188S. 


CJiap.178 


An   Act  to  amend  an  act  to  amend   the   charter  of  the 
hawes  place  congregational  society. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Chapter  one  hundred  and  two  of  the  acts  Name  changed. 
of  the  year  one  thousand  eight  hundred  and  eightv-eio:ht  ^^^^'  ^^^" 
is  hereby  amended  by  striking  out  the  word    "  Phice  " 
before  the  word  "  Unitarian  "  in  the  last  line  of  section 
one,  so  that  the  name  of  said  society  shall  be  the  Hawes 
Unitarian  Conore2;ational  Church. 

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

Approved  April  3,  1888. 

An  Act  to  authorize  the  towns  of  rockland  and  abington  pi        -i  r7(\ 

TO  SUPPLY  THE  TOWN  OF  HANOVER,  OR  THE  INHABITANTS      ^  ' 
THEREOF,  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  towns  of  Rockland  and   Abington,  Rockland  .and 
acting  jointly,  are  authorized  to  furnish,  from  the  joint  j^j'ul'ifeuifp^y 
water  su]:)ply  of  said  towns,  to  the  town  of  Hanover  or  {^!J|g°?'*''' '''''' 
the  inhal)itants  thereof,  a  supply  of  water  for  the  extin- 
guishment of  fires  and  for  domestic,  manufacturing,  and 
other  town  purposes. 

Section  2.     The  said  towns  of  Rockland  and  Abing- Maydignp 
ton,  acting  jointly  as  aforesaid,  may,  under  the  direction  ov"e^r*for mIT-' 
of  the  selectmen  and  highway  surveyors  or  road  commis-  stmctingand 

J.        .  1    ,  r  ^T  *i  IT  ropainng  con 

sioners  ot  said  town  oi  Hanover,  enter  upon  and  dig  up  Ju'te,  etc. 


114 


1S8S.  —  CiiArTER  179. 


Terms  and  con- 
ditions upon 
which  water 
may  be  sup- 
plied. 


If  works  arc 
supiilied  by 
Roclilaud  and 
Abingtoii,  the 
same  may  be 
purchased  by 
Hanover. 


Authority  to 
purchase  sub- 
ject to  a  two- 
thirds  vote  of 
town  of  Han- 
over. 


Powers  vested 
In  joint  water 
board. 


any  public  or  jirivate  ways  in  said  town,  in  sucli  manner 
as  not  unnecessarily  to  obstruct  such  ways,  for  the 
purpose  of  constructing,  maintaining  and  repairing  their 
conduits,  pipes,  hydrants,  fountains  and  other  works  in 
said  town  :  j^^'ovided,  that  the  said  town  of  Hanover  may 
construct  its  own  conduits,  pipes,  hydrants  and  other 
works,  and  do  all  other  things  necessary  for  the  purposes 
of  this  act  within  its  own  limits. 

Section  3.  In  case  said  conduits,  pipes  and  other 
works  in  connection  with  said  water  supply  are  con- 
structed and  maintained  by  said  towns  of  Kockland  and 
Abington,  said  town  of  Hanover  may  contract  with  said 
towns  of  Rockland  and  Abington  for  all  the  water  to  be 
supplied  by  said  towns  under  this  act,  or  any  part 
thereof.  In  case  no  contract  is  made  by  said  town  of 
Hanover  as  aforesaid,  said  towns  of  Rockland  and  Abing- 
ton may  fix  rates  for  water  used  and  collect  the  same  of 
the  takers. 

Section  4.  In  case  said  conduits,  pipes  and  other 
works  connected  with  said  water  supply  are  constructed 
by  said  towns  of  Rockland  and  Abington,  said  town  of 
Hanover  shall  have  the  right  at  any  time  to  purchase  the 
conduits,  pipes,  hydrants,  fountains  and  other  v/orks  con- 
nected with  said  water  supply  ;  and  said  towns  of  Rock- 
land and  Abington  are  authorized  to  make  sale  of  the 
same  to  said  town  of  Hanover.  In  case  said  towns  of 
Rockland  and  Abington,  and  said  town  of  Hanover  are 
unable  to  agree  upon  the  compensation  to  l)e  paid  there- 
for, then  said  compensation  shall  be  determined  by  three 
commissioners,  to  l)e  appointed  by  the  supreme  judicial 
court  upon  application  of  said  towns  of  Rockland  and 
Abington  or  said  town  of  Hanover,  whose  award,  when 
accepted  by  said  court,  shall  be  binding  upon  said  towns. 
This  authority  to  purchase  said  property'"  and  the  author- 
ity to  construct  said  conduits,  pipes  and  other  works  by 
said  town  of  Hanover,  as  provided  in  section  two  of  this 
act,  is  granted  on  condition  that  the  same  is  assented  to 
by  said  town  of  Hanover  by  a  two-thirds  vote  ot  the 
voters  of  said  town  present  and  voting  thereon  at  a  legal 
town  meeting  called  for  that  purpose. 

Section  5.  All  the  authority  granted  to  said  towns  of 
Rockland  and  Abington,  under  the  provisions  of  this  act, 
shall  be  vested  in  and  exercised  by  the  joint  water  board 
of  said  towns. 


1888.  — Chapter  180.  145 

Section  0.     Each   of    said   towns    of    Rockland    and  ^°i,i|^gton  may 
Abington  may,  for  the  purpose  of  paymg  the  necessary  each  issue 
expenses  and  liabilities  incurred  under  the  provisions  of  exceeding*' 
this  act,  issue  from  time  to  time,  bonds,  notes,  or  scrip  *  "''^''^' 
to  an  amount  not  exceeding  in  the   aggregate  for  each 
town  ten  thousand  doUars,  in  addition  to  the  water  loan 
lieretofore  authorized  by  hiw  to  be  issued  by  said  towns  ; 
said  notes,  bonds,  or  scrip  to  be  issued  upon  the  same 
terms  and  conditions,  and  in  the  same  form  and  manner 
and  with  the  same  powers  as  ;ire  authorized  in  section  live 
of  chapter  two  hundred  and  six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five. 

Section  7.     This  act  shall  take  effect  upon  its  accept-  subject  to  ac 

/■•!  c  ceptaiite  by  a 

ance  by  a  two-thirds  vote  oi  the  voters  oi  said  towns  of  two-thirds  v..te 
Rockland,   Al)ington  and   Hanover   present   and    voting  three^touus.'^ 
thereon  at  a  legal  town  meeting  called  for  that  purpose  in 
each  of  said  towns  within  two  years  from  the  date  of  its 
passage,  but  the  number  of  meetings,  so  called  in  each 
towm,  shall  not  exceed  three.        Approved  April  5,  1888. 


Chap  1^0 


An   Act  relative  to  the  payment  op  witnesses  in  inquests 

AND     in     criminal     PROCEEDINGS     BEFORE    TRIAL    JUSTICES    AND 
THE   POLICE,   DISTRICT   AND   MUNICIPAL   COURTS 

Be  it  enacted^  etc.,  as  follows : 

Section  thirty-six  of  chapter  one  hundred  and  fifty-four  payment  of 
of  the  Public  Statutes  is  amended  to  read  as  follows  :  —  in'inq'^ulifsa^ur 
Upon  and  after  the  termination  of  an  inquest  or  a  criminal  ciiminaipio- 
proceeding  before  a  trial  justice  or  police,  district  or 
municipal  court,  except  the  municipal  court  of  the  city  of 
Boston,  whether  there  be  an  appeal  or  holding  to  the 
grand  jury  or  otherwise,  the  trial  justice,  clerk  of  such 
court,  or  if  there  is  no  clerk,  the  justice  shall  pay,  out  of 
any  funds  in  his  hands  returnable  to  the  county,  to  the 
witnesses  for  the  Commonwealth  who  are  entitled  to 
receive  the  same,  their  fees,  and  shall  take  receipts  there- 
for ;  and  the  amounts  so  paid  and  receipted  for  shall  be 
allowed  in  the  settlement  with  the  county  treasurer. 
Trial  justices  Avho  do  not  have  in  their  hands,  and  return- 
able to  counties,  funds  adequate  for  the  purpose  named 
herein,  shall  make  written  requisition  upon  tlie  county 
treasurer  for  the  same,  and  thereupon  the  treasurer  shall 
advance  to  such  trial  justices  not  exceeding  twenty-five 
dollars  in  any  one  month,  and  such  trial  justices  shall 
account  in  their  regular  quarterly  settlements  with  the 


UG  1888.  —  Chapters  181,  182. 

treasurer  and  be  liable  upon  their  official  bonds  for  all 

funds  so  received.     At  the  time  of  such  settlements  with 

To  state  eepa-     the  treasurcrs  the  several  officers  named  herein  shall  state 

fees  are  uot  paid  Separately  the  amount  of  witness  fees  paid  in  cases  where 

by  defendauts.    g^^^|^  ^-^^^  .^^.^  ^^^^  ^^.^l^  1^^  defendants,  and  shall  receipt  for 

such  sums  to  the  treasurers  who  shall  credit  the  said 
officers  for  the  same  and  credit  themselves  with  a  like 
amount  as  advanced  to  pay  witnesses  in  the  said  courts. 

A2)proved  April  5,  1888. 

Chni)  1S1    ^^  ^*^^  RELATIVE   TO   WOMEN  DETAINED   OR   RECEIVED    AT    POLICE 
^  '  STATIONS. 

Be  it  enacted,  etc.,  as  foUoivs : 
Matrons  to  Section  1.     The    provisious  of   chapter   two  hundred 

hiivG  chJirsrG  of 

women  received  aiicl  thii'ty-four  of  the  acts  of  the  year  eiohteen  hundred 

at  police  sta-  i        •    ^  i.  Tiij.  i  j. 

lions  for  and  eighty-seven,  applicable  to  women  under  arrest  or 

lodging,  etc.  arrested  and  taken  to  a  police  station,  shall  also  be  appli- 
cable to  cases  where  women  are  taken  to  or  received  at  a 
police  station  for  purposes  of  detention  or  lodging. 

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

Approved  April  3,  1888. 


Chap.lS2 


An   Act  authorizing  the  selectmen  of  the  town   of  Man- 
chester TO  widen  a  way  in  said  town  known  as  summer 

STREET   BY   TAKING   A   PORTION   OF  A   BURIAL   GROUND. 

Be  it  enacted,  etc.,  as  folloios : 

Selectmen  may        Sectiox  1.     The  sclcctmen  of  the  town  of  Manchester 
okibu'riai"        are  here))y  authorized  to  take,    in  accordance  with  the 

rl    f  til  • 

wi'dluing^'of       provisions  of  law  allowing  land  to  be  taken  for  the  laying 
Summer  street.  ^^^  q^  alteration  of  higliways  or  town  ways,  so  much  of 
the  land  now  contained  within  the  limits  of  the  old  burial 
ground,  so  called,  at  the  junction  of  Summer  and  Wash- 
ington streets  in  said  town,  as  may  be  necessary  for  the 
Proviso.  widening  of  said  Summer  street :  provided,  that  no  burial 

lot  in  which  are  buried  the  remains  of  the  dead  shall  be 
entered  upon  under  the  provisions  of  this  act  until  such 
remains  shall  have  been  removed  and  buried  elsewhere, 
under  such  reasonable  directions,  if  any,  as  the  relatives 
Expense  of  of  tlic  dcccascd  may  give.  The  expense  of  such  removal 
be'bornc  by  '  *°  f^^d  rc-interment  shall  be  borne  by  the  town. 

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

Approved  April  3,  1888. 


town. 


1888.  — Chapter  183.  117 


An   Act   to  enable  the  trustees  of  the  foxbokough  cem-  /^7,yy,v,  IQQ 

ETERY     CORPORATION     TO     TAKE     AND     HOLD     ADDITIONAL    REAL  ^ 


Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The    Trustees  of  Foxborough   Cemetery  Trustees  may 
Corporation   may,   upon    direction  of  such,   corporation,  min  fo"  ^*^*'''^*^ 
make  application  by  written  petition  to  the  selectmen  of  cemeferyTnd"^ 
the  town  of  Foxborouo^h  for  the  enlarijement  of  Rock  Hill  ^^^  taking  land 
Cemetery    and  of  the    so    called    South    street    entrance 
thereto,  and  the  taking  therefor  of  lands  of  Edwin  W. 
Carpenter,  William  P.  Payson  or  others  lying  adjacent  to 
said  cemetery  or  between  its  southerly  line  and  the  south- 
erly l)ranch  or  part  of  South  street. 

Section  2 .     The  selectmen  shall  appoint  a  time  and  selectmen  to 
place    for    a    hearing,    and    shall    cause    notice    thereof  ^n^°p".,VJTo*r  a 
together  with  a  copy  of  the  petition  to  be  served  person-  bearing. 
all}^  upon  the  owner,  if  known  and  residing  in  said  town, 
or  upon  his  agent,  tenant  or  attorney,  if  a  non-resident,  or 
left  at  the  last  and  usual  place  of  abode  of  such  owner 
or  agent,  tenant  or  attorney,  fourteen  days  at  least  before 
the  time  appointed  for  the  hearing. 

Section  3.     The  selectmen  shall  hear  the  parties  at  To  adjudicate 

.,..  11  -ji  J  T  J    upon  the  neces- 

the  time  and  place  appointed,  or  at  an  adjournment  sity.etc. 
thereof,  and  as  soon  as  may  be  thereafter  shall  consider 
and  adjudicate  upon  the  necessity  of  such  taking,  and 
ui)on  the  quantity,  boundaries,  damages  and  value  of  any 
land  adjudged  necessary  to  be  taken,  and  shall  forthwith 
tile  a  description  of  such  land  with  a  plan  thereof  in  the 
registry  of  deeds  for  Norfolk  county,  and  thereupon  such 
land  shall  be  taken  and  held  in  fee  by  said  cor})oration  as 
a  part  of  its  burial  ground. 

Section  4.  A  party  aggrieved  by  the  award  of  dam-  Damages, 
ages  may,  on  application  therefor  to  the  superior  court  or 
to  the  county  commissioners  of  Norfolk  county,  within 
six  months  after  such  tiling  in  the  registry  of  deeds,  have 
a  jury  to  determine  the  matter  of  his  complaint  as  in  the 
case  of  assessment  of  damages  for  highways,  and  all  pro- 
ceedings shall  be  conducted  as  in  such  cases.  If  the  sum 
allowed  for  damages,  including  the  value  of  the  land,  is 
increased  by  the  jury,  the  sum  so  allowed  by  the  jury 
and  all  costs  shall  be  paid  by  said  corporation  ;  otherwise 


us  1888.  —  Chapters  184,  185. 

the  costs  arising  upon  such  application  for  a  jury  shall  he 
paid  hy  the  applicant. 

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

Approved  April  5,  1888. 

Chft7).^S4:  -^'^   "^^^  ^^  PROVIDE   EXTRA   CLERICAL   ASSISTANCE  FOR  THE  CLERK 
OF    THE   CENTRAL   DISTRICT   COURT   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  folloics : 

txlracitnJ^^  Sectiox  1.  The  clerk  of  the  central  district  court  of 
assistance.'  Worccstcr  shall  be  allowed  for  extra  clerical  assistance, 
upon  his  certificate  that  the  work  was  actually  performed 
and  was  necessary,  with  the  time  occupied  and  the  names 
of  the  persons  by  whom  the  work  was  performed,  such 
sums,  not  exceeding  five  hundred  dollars  in  any  one  year, 
as  the  county  commissioners  for  Worcester  county  by  a 
writing  signed  by  them,  approve.  Said  sums  shall  be 
paid  from  the  county  treasury  of  Worcester  county 
monthly  to  the  person  or  persons  employed. 

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

Approved  April  3,  1888. 

ChClT)  185  ^^  ^^^  ^^  ENABLE  THE  CITY  OF  WALTHAM,  FOR  THE  PURPOSE 
OF  PROVIDING  SURFACE  DRAINAGE,  TO  INCUR  INDEBTEDNESS  BE- 
YOND  THE   LIMIT   FIXED   BY   LAW. 

Be  it  enacted,  etc.,  asfolloios: 
May  issue  bonds      Section  1.     The  city  of  Waltham  for  the  purpose  of 

beyond  the  debt  •  ^'  n  c  -i       •  •  •  -\      'i  • 

limit  for  provid-  pi'oviding  lor  suriacc  drainage  m  said  city,  may  incur  in- 
dminage?'^'*^'^  debteduess,  and  may  from  time  to  time  issue  bonds,  notes 
and  scrip  therefor,  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars  beyond  the  limit  of  indebtedness 
now  fixed  by  law  for  said  city  ;  and  the  provisions  of 
chapter  twenty-nine  of  the  Public  Statutes  relative  to 
debts  incurred  in  constructing  sewers,  and  of  chap- 
ter one  hundred  and  twenty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-four,  shall  apply  to 
the  issue  of  such  bonds,  notes  or  scrip,  and  to  the 
establishment  of  a  sinking  fund  for  the  payment  thereot 
at  maturity. 

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

Approved  Ap)ril  3,  1888. 


1888.  — Chaptees  186,  187.  149 


An  Act  providing  for  printing  additional  copies  of  the  an-  (Jhart  186 

NUAL   report  of   THE   TRUSTEES  OF   THE   MASSACHUSETTS   SCHOOL 
FOR  THE   FEEBLE-MINDED. 

Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.     There   shall  be    printed    annually   fifteen  Additional 
hundred  copies  of  the  report  of  the  trustees  of  the  Massa-  annual  report 
chusetts  school  for  the  feeble-minded.  '"  ^'^  p""'"**- 

Section  2.     So  much  of  chapter  four  of  the   Public 
Statutes  as  is  inconsistent  with  this  act  is  hereby  repealed. 

Section  3.     This  act  shall  take  eff'ect  upon  its  passage. 

Approved  Ap)ril  3,  1888. 

An  Act  in  addition  to  an  act  making  appropriations  for  /-yj        1  Qfj 

EXPENSES    authorized    THE    PRESENT     YEAR,    AND    FOR    CERTAIN  ^  * 

OTHER   EXPENSES   AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  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  salaries  of  the  two  additional  justices  of  the  justices  of 
superior  court,  as  authorized  by  chapter  tifty-eight  of  the  ^I'penor  court. 
acts  of  the  present  year,  a  sum  not  exceeding  eight  thou- 
sand sixty-four  dollars  and  fifty  cents. 

For  the  salary  of  the  judge  of  probate  and  insolvency  Judge  of  pro- 
for  the  county  of  Essex,  a  sum  not  exceeding  five  hundred  Jlisoivency  for 
dollars,  as  authorized  by  chapter  one  hundred  and  twelve  ^^sex. 
of  the  acts  of  the  present  year,  being  in  addition  to  the 
three  thousand  dollars  appropriated  by  chapter   four  of 
the  acts  of  the  present  year. 

For  the  salary  of  the  first  clerk  in  the  bureau  of  statis-  First  cierk  in 
tics  of  labor,  a  sum  not  exceeding  three  hundred  dollars,  uucTonlbcTr.' 
as  authorized  by  chapter  one  hundred  and  fifteen  of  the 
acts  of  the  present  year,  being  in  addition  to  the  fifteen 
hundred  dollars  appropriated  by  chapter  two  of  the  acts 
of  the  present  year. 

For  the  salary  of  the  second  clerk  in  the    bureau   of  Second  ciork  in 
statistics  of  labor,   a  sum  not   exceeding   two   hundred  istics'  of  labor, 
dollars,  as  authorized  by  chapter  one  hundred  and  fifteen 
of  the  acts  of  the  present  year,  being  in  addition  to  the 


1.30 


1888.  —  Chapter  187. 


Gas  commis- 
eioDera'  animal 
report. 


ABsistant  regis- 
ter of  probate, 
etc.,  for 
Worcester. 


Fire  marshal 
of  Boston. 


Civil  service 
commissioners. 


Report  of 

trustees  of 

agricultural 

college. 


Henry  Tredo. 


Timothy 
Murphy. 


Eye  and  ear 
infirmary. 


Report  of  state 
board  of  health 
on  purity  of 
inland  waters. 


thirteen  hundred  dollars  appropriated  by  chapter  two  of 
the  acts  of  the  present  year. 

For  printing  extra  copies  of  the  annual  report  of  the 
gas  commissioners,  a  sum  not  exceeding  eighty  dollars, 
as  authorized  by  chapter  one  hundred  and  twenty-two  of 
the  acts  of  the  present  year. 

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  county  of  AVorcester,  the  sum  of  two 
hundred  and  thirty-three  dollars  and  eighty-seven  cents, 
as  authorized  by  chapter  one  hundred  and  fifty-two  of  the 
acts  of  the  present  year,  being  in  addition  to  the  fifteen 
hundred  dollars  appropriated  by  chapter  four  of  the  acts 
of  the  present  year. 

For  the  salary  and  expenses  of  the  fire  marshal  of  the 
city  of  Boston,  the  sum  of  eight  thousand  four  hundred 
and  nineteen  dollars  and  one  cent,  which  amount  is 
payable  to  the  treasurer  of  the  city  of  Boston,  as  pro- 
vided for  in  section  six,  chapter  three  hundred  and 
fifty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six. 

For  clerical  services,  examination  expenses,  printing, 
advertising,  travelling  and  incidental  expenses  of  the  civil 
service  commissioners  and  chief  examiner,  a  sum  not  ex- 
ceeding one  thousand  dollars,  l)eing  in  addition  to  the  six 
thousand  dollars  appropriated  by  chapter  fifteen  of  the 
acts  of  the  present  year. 

For  printing  extra  copies  of  the  report  of  the  trustees 
of  the  Massachusetts  agricultural  college,  a  sum  not  ex- 
ceeding two  hundred  dollars,  as  authorized  by  chapter 
eighteen  of  the  resolves  of  the  present  year. 

For  Henry  Tredo,  the  sum  of  two  hundred  dollars,  as 
authorized  ])y  chapter  twenty  of  the  resolves  of  the 
present  year. 

For  Timothy  Murphy,  the  sum  of  two  hundred  dollars, 
as  authorized  by  chapter  twenty-one  of  the  resolves  of  the 
present  year. 

For  the  INIassachusetts  charitable  eye  and  ear  infirmary, 
the  sum  of  fifteen  thousand  dollars,  as  authorized  by 
chapter  twenty-two  of  the  resolves  of  the  present  year. 

For  printing  extra  copies  of  the  report  of  the  state 
board  of  health,  on  the  protection  of  the  purity  of  inland 
waters,  a  sum  not  exceeding  one  hundred  dollars,  as 
authorized  by  chapter  twenty-three  of  the  resolves  of  the 
present  year. 


1888.  —  Chapter  187.  151 

For  printing  extra  copies  of  the  report  of  the  board  of  otfe^LtLiCoT^ 
registration  in  dentistry,  a  sum  not  exceeding  seventy-  lu  tieutisiry. 
five  doihirs,  as  authorized  by  chapter  twenty-four  of  the 
resolves  of  the  present  year. 

For  printing  laws  relating  to  elections,  a  sum  not  ex-  Laws  relating 
ceeding  five  hundred   dollars,  as  authorized   by  chapter 
twenty-five  of  the  resolves  of  the  present  year. 

For  the  publication  of  certain  special  laws,  a  sum  not  special  luws. 
exceeding  thirty-six  hundred   dollars,  as  authorized    by 
cha|)ter  twenty-six  of  the  resolves  of  the  present  year. 

For  Fanny  Ross,  the  sum  of  two  hundred  dollars,  as  Funny  Ross, 
authorized  by  chapter  twenty-seven  of  the  resolves  of  the 
present  year. 

For  certain  repairs  and  improvements  at  the  state  in-  state  industrial 
dustrial  school  for  girls,  a  sum  not  exceeding  four  thou-  ^^  °°  tolglr^. 
sand  dollars,  as  authorized  by  chapter  twentj^-nine  of  the 
resolves  of  the  present  year. 

For  the  city  of  Springfield,  the   sum  of  seventy-two  City  of  spring- 
dollars   and  forty-four   cents,   as  authorized   by  chapter 
thirty  of  the  resolves  of  the  present  year. 

For  Orestes  M.  Pratt,  the  sum  of  one  hundred  dollars  ;  orestesM. 
for  George  E.  Worthen,  the  sum  of  one  hundred  dollars  ;  George  e. 
for  Charles  Wilson,  the  sum  of  one  hundred  dollars  ;  for  cbaderVviUon. 
Charles  H.  Richardson,  the  sum  of  seventy-five  dollars  ;  ^^|'"hl';.^,^o„ 
for  iNIartin  H.  Leighton,  the  sum  of  seventy-five  dollars,  Martin  n 
and  for  Frank  E.  Clcaveland,  the  sum  of  fifty  dollars,  as  Frank  e." 
authorized  by  chapter  thirty-one  of  the   resolves  of  the 
present  year. 

For  printing  extra  copies  of  the  annual  report  of  the  Report  of  st.jte 
state  l)oard  of  arbitration,  a  sum  not  exceeding  two  hun-  tnulou.' 
dred  dollars,  as  authorized  by  chapter  thirty-three  of  the 
resolves  of  the  present  year. 

For  the  erection  of  additional  houses  for  the  use  of  the  Houcpsfor 

/r*  ^j_iij_*  j_T>j^  J.  T  ollicers  at  state 

otnccrs  at  the  state  prison  at  lioston,  a  sum  not  exceedmg  prison. 
twenty-five  thousand  dollars,  as    authorized    by  chapter 
thirty-four  of  the  resolves  of  the  present  year. 

For  the  determination  by  triangulation  of  the  boundary  Bonndary  iines 
lines  of  the  cities  and  towns  of  this  Commonwealth,  a  sum  towusr"" 
not  exceeding  nine  thousand   dollars,   as   authorized  by 
chapter  thirty-five  of  the  resolves  of  the  present  year. 

For  extra  clerical  assistance  in  the  office  of  the  insur-  clerical 

.  T  .  f  •    J  1  11    assistance  for 

ance  conmiissioner,  a  sum  not  exceednio-  thirteen  nundrea  insurance 
dollars,  as  authorized  by  chapter  thirty-seven  of  the  re-  <=«'«">i««ioner. 
solves  of  the  present  year. 


152 


1888.  —  Chapters  188,  189. 


monument.  ^^^'  ^^^^  Staiidish  monument  association,  the  sum  of  six 

thousand  dolhirs,  as  authorized  by  chapter  forty-one  of 
the  resolves  of  the  present  year. 

Sewage  diBposai      for  cxpeuses  in  connection  with  the  sewage  disposal  in 

in  Mystic  and  ,        -.^  ^  .     ,  ,        ,  .  ,,  •-  '^  ., . 

Charles  river      the  Mystic  and  Charlcs  river  valleys,  a  sum  not  exceedmg 
va  eys.  fifteen  thousand  dollars,  as  authorized  by  chapter  forty- 

two  of  the  resolves  of  the  present  year. 

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

Approved  April  3,  1888. 


QJiap.\SS  ^^  ^'^^'^  ^^  KELATION  TO   VOTING   BY  PROXY   AT   MEETINGS   OF   COR- 

PORATIONS. 


Number  of 
shares  to  be 
voted  oil  by 
proxy, 
uulimited. 


Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  Section  twenty-seven  of  chapter  one  hun- 
dred and  six  of  the  Public  Statutes  is  hereby  amended  by 
striking  out  at  the  end  thereof  the  words,  "  and  no  person 
shall  as  proxy  or  attorney  cast  more  than  fifty  votes, 
unless  all  the  shares  so  represented  by  him  are  owned  by 
one  person  "  ;  and  section  fifty-four  of  chapter  one  hun- 
dred and  twelve  of  the  Pulilic  Statutes  is  hereby  amended 
by  striking  out  at  the  end  thereof  the  words,  "  no  person 
shall  as  proxy  or  attorney  cast  more  than  fifty  votes 
unless  all  the  shares  so  represented  by  him  are  owned  by 
one  person." 

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

Approved  April  5,  1888. 


Chap.^Sd  ^^  -'^CT  TO  AMEND  SECTION  TWENTY-SEVEN  OF  CHAPTER  TWO 
HUNDRED  AND  TWENTY-ONE  OF  THE  PUBLIC  STATUTES,  RELATING 
TO   THE  EMPLOYMENT   OF   CONVICTS. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1 .  Section  twenty-seven  of  chapter  two  hun- 
dred and  twenty-one  of  the  Public  Statutes  is  hereby 
amended  by  striking  out  the  words  "  or  printing"  in  the 
third  line  thereof;  so  that  said  section  as  amended  shall 
read  as  follows:  —  Section  27.  Convicts  sentenced  to 
the  punishment  of  hard  labor  in  the  prison  shall  be  con- 
stantly employed  for  the  benefit  of  the  state,  but  no  con- 
vict shall  be  employed  in  engraving  of  any  kind. 

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

Approved  April  4,  1888. 


Prohibition  of 
printing,  as  an 
employment  in 
state  priBon, 
removed. 


1888.  — Chapter  190.  153 


An   Act   to   incorporate    the    first    unitarian   society   in  (7//a».190 

REVEUE   AND   TO   CONFIUM   ITS   TITLE   TO   CERTAIN   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  legal  members  of  the  religious  society  The  First  uni- 
who  worship  in  the  meeting-house  situated  on  a  parcel  of  onieVeref"^  ^ 
land  on  Beach  street  in  the  town  of  Kevere  bounded  as  '"•^^'-P'"-'*'^'!- 
follows  :  beginning  on  said  Beach  street  at  the  westerly 
corner  of  a  driveway  and  running  southerly  by  land  now 
or  late  of  David  W.  Stowers  fifty-four  and  six-tenths  feet 
and  continuing  in  the  same  direction  by  a  line  of  tombs 
eighty-two  and  five-tenths  feet ;  thence  running  westerly 
by  a  line  of  tombs  and  land  now  or  late  of  said  Stowers 
one  hundred  and  forty-two  and  seven-tenths  feet  to  the 
southeasterly  corner  of  a  barn ;  thence  northerly  by  the 
end  of  said  barn  twenty-three  and  seven-tenths  feet ; 
thence  westerly  by  the  side  of  said  barn  and  land  now  or 
late  of  Hastings  seventy  and  two-tenths  feet :  thence  at 
nearly  a  right  angle  running  northerly  sixteen  and  five- 
tenths  feet  l)y  land  of  said  Hastings  to  said  Beach  street ; 
thence  northeasterly  by  said  Beach  street  two  hundred 
and  thirty-four  and  seven-tenths  feet  to  the  point  of 
beginning,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  The  First  Unitarian 
Society  of  Kevere,  with  all  the  powers  and  privileges  and 
sul)icct  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  chapters  thirty-eight  and  one  hundred  and  five  of 
the  Public  Statutes,  so  far  as  may  be  consistent  with  this 
act,  and  with  such  other  rights  and  privileges  as  they 
have  heretofore  enjoyed;  and  the  said  corporation  is  Title  to  land 
hereby  declared  in  law  to  be  seized  in  fee  of  the  said  *=""*^""^  • 
meeting-house  with  the  said  parcel  of  land  above  de- 
scril)ed,  whether  under  the  name  of  the  Church  of  Christ 
at  llumney  marsh,  the  Church  of  Christ  in  Chelsea,  the 
First  Church  in  Chelsea,  the  First  Parish  in  North  Chel- 
sea, the  First  Congregational  Society  in  Revere,  the  First 
Parish  in  Revere,  the  First  Unitarian  Society  of  Revere, 
for  its  use,  with  all  the  rights,  privileges  and  appurten- 
ances to  the  same  belonging. 

Sp:ction  2.     The  present  officers  of  said  society  shall  Present  officers 

to  contiiiUG  etc. 

be  and  remain  in  office  until  tlieir  successors  are  chosen  until  suooessors' 
and    qualified    in   accordance    with   the    by-laws    of  said '"^'^'^"^' ^  ' 
society  now  in  force. 

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

Aj)2'>roved  April  4,  1888. 


154 


1888. 


Chapters  191,  192,  193. 


Chajy.m 


Annual  report. 


An  Act  relating  to  the  publication  of  the  annual  report 
OF  the  board  of  commissioners  of  savings  banks. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Twenty-five  hundred  copies  of  the  annual 
report  of  the  board  of  commissioners  of  savings  hanks 
shall  hereafter  be  printed  instead  of  two  thousand  copies 
as  authorized  by  chapter  three  hundred  and  sixty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-five. 

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

Approved  April  4,  1888. 


Release  from 
and  return  to 
county  prisons 
of  prisoners 
transferred 
from  the 
reformatory 
prison  for 
women. 


Qlian.\Q2i  ^^  ^^^  "^^  provide  for  the  release  from  and  the  return 

TO  COUNTY   prisons   OF   PRISONERS   TRANSFERRED   THERETO   FROM 
THE   REFORMATORY   PRISON   FOR  WOMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioners  of  prisons  shall  have 
solely  the  same  right  and  authority  to  release  from  a  jail 
or  house  of  correction  or  the  Boston  house  of  industry 
any  prisoner  who  has  been  or  may  hereafter  he  trans- 
ferred thereto  from  the  reformatory  prison  for  women, 
and  to  return  her  to  said  jail,  house  of  correction  or  house 
of  industry,  which  they  would  have  had  to  release  her 
from  said  reformatory  prison  for  women,  and  to  return 
her  thereto  if  she  had  not  been  so  transferred. 

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

Approved  April  4,  1888. 

An  Act  to  establish  the  second  district  court  of  essex. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  towns  of  Amesbury  and  Merrimac 
shall  constitute  a  judicial  district  under  the  jurisdiction  of 
a  court  to  be  called  the  Second  District  Court  of  Essex. 
Said  court  shall  be  held  in  the  town  of  Amesbury. 

Section  2.  There  shall  be  one  justice  and  two  special 
justices  of  said  court  appointed  in  the  manner  and  with 
the  tenure  of  oflfice  provided  in  the  cases  of  justices  of 
district  courts.  All  the  provisions  of  law  applical)le  in 
common  to  police  and  district  courts  shall  be  applicable 
to  said  court. 

Section  3.  The  said  court  shall  be  held  daily  except 
on  Sundays  and  legal  holidays  for  criminal  business,  and 
the  return  days  for  writs  in  civil  actions  shall  be  such 
days  as  shall  be  provided  for  by  the  rules  of  said  court. 


Chap.193 


Second  district 
court  of  Essex 
established. 


One  justice  and 
two  special 
justices. 


Courts  for 
criminal  and 
civil  business. 


1888.  —  Chapter  194.  155 

Section  4.     The    iustice  of  said    court   shall   receive  salary  of 
from  the   county  of  Essex   an   annual   salary  of  twelve 
hundred  dollars. 

Section  5.     When  one  of  several  defendants  resides  whib  may  run 

.1.  •  1     ^•    1     •    J       ^  •,    •  11  •!  "^'o  ^"y  county 

Within  said  district  the  writ  issued  ()y  said  court  may  run  when  one  of 
into  any  county  and  be  served  on  the  other  defendant  or  antrrUideslu 
defendants  fourteen  days  at  least  before  its  return  day  in  «''*^"'='- 
like  manner  as  if  issued  by  the  superior  court. 

Section  6.     Said  court  shall  have  a  seal.  To  have  a  seal. 

Section  7.     The  first  session   of  said  court  shall  be  First  session  of 
held  on  the  first  Tuesday  of  May  in  the  year  eighteen  '^°"'  ' 
hundred  and  eighty-eight ;  but  nothing  herein  shall  atfect 
any  suit  or  other  proceeding  begun  prior  to   said    tirst 
Tuesday  of  May. 

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

Approved  April  4,  1888. 


Chap.l^^ 


An  Act  relating  to  the  public  cemeteries  in  the  town  of 
winchester. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1.     The  tow^n  of  Winchester  is  hereby  author-  Board  of 
ized  to  elect  by  ballot  at  any  tow^i  meeting  duly  called  a  ofpubiTJ burial 
board  of  five  commissioners  who  shall  have  the  sole  care,  |i'e°'ted.* '"^  ^* 
sujjerintendence  and  management  of  Wildwood  cemetery 
and  other  public  burial  grounds  in  said  Winchester,  one 
member  of  Avhich  board  shall  be  elected  for  the  term  of 
five  years,  one  for  four  years,  one  for  three  years,  one  for 
two  years,  and  one  for  one  year ;  said  terms  to  expire 
respectively  with  the  end  of  the  municipal  or  official  year. 
A  majority  of  said  board  shall  be  owners  of  a  lot  in  said 
cemetery  or  other  public  burial  grounds  in  said  towai  at 
least  one  3'ear  previous    to    their   election.     Said    board 
may  be  organized  by  the  choice  of  a  chairman  and  clerk  Organization. 
from  their  nuirbcr,  and  a  majority  of  the  board  shall  be 
a  quorum  for  tiie  exercise  of  the  powers  of  said  office. 
In  case  of  a  vacancy  occurring  in  the  board,  by  death,  vacancies. 
non-acce})tance,  disability,  resignation  or  removal  during 
any  municipal    or  official  year,  the  remaining  members 
shall    notify   the  board  of  selectmen  of  Winchester,  in 
writing,  thereof,  and  of  a  time  and  })lace  appointed  for  a 
meeting  of  the  two  boards  for  the  purpose  of  tilling  such 
vacancy,  at  least  two  weeks  before  the  time  appointed  for 
said  meeting,  and  in  pursuance  of  such  notice  said  two 
boards  shall  proceed  to  till  such  vacancy  until  the  end  of 


156 


1888.  —  Chapter  194. 


One  coratnis- 
sioner  to  be 
elected 
annually. 


Board  may  lay 
out  Wildwood 
cemetery,  etc. 


May  convey  lots 
for  excluaive 
right  of  burial, 
etc. 


Proceeds  of 
gales,  etc.,  to  be 
paid  into  town 
treasury,  and  to 
be  kept  separate 
from  otter 
raoueys. 


the  then  municipal  or  oflScial  year  by  electing  upon  joint 
ballot  a  suitable  person  thereto ;  and  at  each  successive 
annual  election  of  town  officers  after  the  year  one  thou- 
sand eight  hundred  and  eighty-nine  said  town  shall  elect 
by  ballot  a  suitable  })erson  or  persons  to  serve  on  said 
board  for  the  remainder  of  any  unexpired  term  or  terms, 
and  for  such  full  term  of  live  years  as  shall  expire  before 
the  next  annual  election. 

Section  2.  Said  board  of  commissioners  may  lay  out 
said  Wildwood  cemetery,  and  lands  which  may  be  here- 
after purchased  and  set  apart  by  said  town  of  AVinchester 
for  the  purposes  of  said  cemetery,  and  other  public  burial 
grounds  in  suitable  lots  or  other  suitable  sub-divisions 
with  proper  paths  and  avenues  ;  may  plant,  embellish  and 
ornament  the  same,  may  inclose  the  same  with  proper 
fences,  and  erect  such  suitable  edifices,  appendages  and 
conveniences  and  make  such  improvements  as  they  shall 
from  time  to  time  jcleem  convenient ;  and  may  make  all 
such  l)y-laws,  rules  and  regulations  in  the  execution  of 
their  trust,  not  inconsistent  with  the  laws  of  the  Common- 
wealth, as  they  may  deem  expedient. 

Section  3.  Said  board  of  commissioners  shall  have 
authority  to  grant  and  convey  to  any  person,  by  deed  or 
suitable  conveyance  made  and  executed  in  such  manner 
and  form  as  they  may  prescribe,  the  sole  and  exclusive 
right  of  burial,  and  of  erecting  tombs,  cenotaphs  and 
other  monuments  or  structures,  upon  such  terms  and  con- 
ditions as  they  shall  by  rules  and  regulations  prescribe ; 
and  all  such  deeds  and  conveyances,  and  all  thereafter 
made  of  the  same  by  the  owners  thereof  shall  be  recorded 
by  said  board  of  commissioners  in  suitable  books  of 
record,  which  said  books  shall  be  open  to  the  public  at  all 
proper  times. 

Section  4.  The  proceeds  of  sales  of  lots  or  rights  of 
burial  in  said  cemetery  or  public  burial  grounds,  and  any 
appropriations,  grants,  donations,  gifts  or  bequests  made 
thereto,  and  any  and  all  sums  of  money  due  to  and  pay- 
able for  account  of  said  cemetery  or  public  burial  grounds, 
shall  be  paid  into  the  town  treasury  of  said  Winchester, 
and  the  said  money  and  the  accounts  thereof  shall  be  kept 
separate  from  the  other  moneys  and  accounts  of  said 
town.  The  treasurer  of  said  town  shall  hold  said  funds 
subject  to  the  order  of  the  selectmen  and  said  board  of 
commissioners,  and  shall  invest   the  same    or   any  part 


18S8.  —  CHArTEKS  195,  19G.  157 

thereof  or  pay  out  the  same  or  any  income  therefrom  on 
the  orders  of  the  selectmen  and  said  board  of  commis- 
sioners. 

Section  5.     Said   board   of  commissioners    shall   not  j^jcur'^dcbU" 
incur  debts   or  lial)ilities  for  purposes  other  than  afore-  exceeding 

T  il  A.      c  2.1        r        1      amount  subject 

said,  nor  to  an  amount  exceedmo;  the  amount  oi  the  lunds  to  their  order. 
subject  to  their  order  as  aforesaid  ;  and  they  shall  annu- 
ally make  and  render  a  report  in  writing  to  said  town  of  t^wlSfanuul'iiy. 
Winchester,  of  their  acts  and  doings,  of  the  condition  of 
said  cemetery  and  burial  grounds,  and  an  account  of  their 
receipts  and  expenditures  for  the  same  and  of  the  funds 
subject  to  their  order. 

Section  6.     This  act  shall  be  void  unless  accepted  by  subject  to 
a  vote  of  said  town  of  Winchester  at  a  meeting  duly  called  "within  eight 
within  eight  months  from  its  passage.  "°" 

Aj)proved  April  4,  1S88. 

An  Act  to  establish  the  salaries  of  the  constables  in  at-  QjtQny  10  5 

TENDANCE     AT    THE     SESSIONS     OP     THE     MUNICIPAL     COUKT     FOR 
CRIMINAL   BUSINESS   IN  THE   CITY   OF   BOSTON. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     The  constables  in  attendance  at  the  ses-  Salaries 
sions  of  the  municipal  court  for  criminal  business  in  the  ^^  '^ 
city  of  Boston,   shall  each  receive   an   annual  salary  of 
fifteen  hundred  dollars,  to  be  paid  from  the  treasury  of 
said  county  in  monthly  instalments,  in  full  for  all  services 
performed  by  them. 

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

Approved  April  4,  1888. 


Chajp.\QQ 


An  Act  to  incorporate  the  fairhaven  water  cOiAipany. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Joseph  K.  Nye,  Orson  G.   Stanley  and  Fairhaven 
Harry  Castello,  their  associates  and  successors,  are  here-  company 
by  made  a  corporation   by  the    name  of  the    Fairhaven  "'^°''p°"*"' 
Water  Company  for  the  purpose  of  supplying  the  inhabi- 
tants of  the  town  of  Fairhaven  or  of  any  part  thereof  with 
water  for  domestic,  manufacturing  and  other  purposes, 
including  the  extinguishing  of  fires  ;  with  all  the  powers 
and  privileges  and  sidjject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  wdiich  now  are 
or  may  hereafter  be  in  force,  so  far  as  the  same  may  be 
applicable  to  such  corporations. 


158  1888.— Chapter  196. 

^f^Hiirpondr'^"^      Section  2.     The    said   corporation    for   the   purposes 
«'<=•  aforesaid  may  take,  by  purchase  or  otherwise,  and  hold 

the  water  of  the  Hill  pond  or  any  other  water   source 
within  said  town  of  Fairhaven,  and  also  all  lands,  rights 
of  way  and  easements  necessary  for  liolding  and  preserv- 
ing such  water,  and  for  conveying  the  same  to  any  part  of 
said  town  ;  and  may  erect  on  the  land  thus  taken  or  held 
proper  dams,  buildings,  fixtures  and  other  structures  and 
may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  means  and  appliance^  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
May  construct    plctc  aud  cftcctive  watcr  works  ;  and  may  construct  and 
conduits. °"^°      lay  dowu  conduits,  pipes  and  other  works  under  or  over 
any  lands,  water  courses,  railroads  or  public  or  private 
ways  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same  ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works  and  for  all  proper  purposes  of  this 
act  said  corporation  may  dig   up    any  such   lands,  and 
under  the  direction  of  the  board  of  selectmen  may  enter 
upon  and  dig  up  any  such  ways  in   such  manner  as  to 
cause  the  least  hindrance  to  public  travel  therein, 
recofdedi*n  ro  .      Sectiox  3.     The  Said  Corporation  shall,  within  sixty 
istry  of  deeds,  a  days  after  the  taking  of  any  lands,  rights  of  way,  Avater 
land, etc.,  taken,  riglits,  watcr  sourccs  or  easements  as  aforesaid  other  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Bristol  a  description  thereof, 
sufficiently  accurate  for  identification  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,   signed  by 
the  president  of  the  corporation. 
diraigee.^"'^  Sectiox  4.     The  said  corporation  shall  pay  all  dam- 

ages sustained  by  any  person  or  corporation  in  property 
by  the  taking  of  any  land,  right  of  way,  water,  water 
source,  water  right  or  easement,  or  by  any  other  thing 
done  by  said  corporation,  under  the  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said under  this  act,  who  fails  to  agree  with  said  corpora- 
tion as  to  the  amount  of  damages  sustained,  may  have  the 
damages  assessed  and  determined  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  highways, 
on  application  at  any  time  within  the  period  of  three  years 
from  the  taking  of  such  land  or  other  property  or  the 
doing  of  any  other  injury  under  the  authority  of  this  act ; 
but  no  such  application  shall  be  made  after  the  expiration 


1888.  —  Chapter  19G.  159 

of  said  three  years.     No  application  for  assessment  for  No  application 
damages  shall  be  made  for  the  taking  of  any  water,  water  damages  uutii 
right  or  water  source,  or  for  any  injury  thereto  until  the  diverted. 
water  is  actually  withdrawn  or  diverted  by  said  corpora- 
tion under  the  authority  of  this  act. 

Section  5.     The  said  corporation  may  distribute  the  May  distribute 
water  through  said  town  of  Fairhaven,  may  regulate  the  the  town'i°aifd 
use   of  said    water  and  fix  and  collect  water  rates  to  be  ™ct  wateTrates". 
paid  for  the  same.     And  said  town,   or  any  fire  district 
or  other  district  that  is,  or  may  hereafter  be  established 
therein,  or  any  individual  or  corporation  may  make  such 
contracts  with  it  to  supply  water  for  the  extinguishment 
of  fire  or  for  other  purposes  as  may  be  agreed  upon   by 
said  town,  district,  individual    or  corporation    and    said 
Fairhaven  water  company. 

Section  6.  The  said  corporation  ma}^,  for  the  pur-  ueai  estate, 
poses  set  forth  in  this  act,  hold  real  estate  not  exceeding  and'share's'!'^ 
twenty  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 ; 
and  said  corporation  may  issue  bonds  bearing  interest  at 
a  rate  not  exceeding  six  per  centum  per  annum,  to  an 
amount  not  exceeding  the  amount  of  its  capital  stock  act- 
ually paid  in  and  applied  to  the  purposes  of  its  incorpo- 
ration, and  may  secure  the  same  at  any  time  by  a  mortgage 
of  its  franchise  and  property. 

Section  7.  "Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  diverting  water. 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  corporation  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  corporation  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  wilful  or  wan- 
ton acts  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  in  the  jail  not  exceed- 
ing one  year. 

Section  8.     The  said  corporation  may  by  vote  from  Amount  of 
time  to  time  fix  and  determine  what  amount  or  quantity  uk'entobe 
of  water  it  purposes  to  take  and  appropriate  under  this  ^'^[^'"™'"*'^  ^y 
act ;  in  which  case  the  damages  for  such  taking  shall  he 
based  upon  such  amount  or  quantity  until  the  same  shall 
be  increased  by  vote  or  otherwise,  in  which  event  said 


IGO 


1888.  —  Chapter  196. 


corporation  shall  be  further  liable  only  for  the  additional 
damages  caused  by  such  additional  taking. 
may  take'^b  Sectiox  9.     The  Said  towu  of  Faiuhaveu  or  any  fire 

purchase,  etc.,  distHct  that  is  or  may  be  hereafter  legally  organized 
property  at  any  therein  sliall  liavc  the  right  at  any  time  to  take,  l)y  pur- 
'™^'  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  provisions 
of  this  act,  including  in  such  total  cost  interest  on  each 
expenditure  from  its  date  to  the  date  of  taking  as  herein- 
after  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  hy  said 
corporation  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 
such  fire  district  on  taking,  as  herein  provided,  the  prop- 
erty 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  such  fire  district 
to  said  corporation.      In  case  of    a   foreclosure   of  any 
mortgage  authorized  by  this  act  to   secure  the  bonds  of 
said  water  company,  the  said  town  or  such  fire  district 
may  take  possession  of  the  property  and  rights  of  such 
corporation  on  the  payment  of  said  bonds,  principal  and 
interest  and  the  legal  expenses  of  the  foreclosure  of  said 
mortfjao-e.     In   case  said  town   or  such  fire  district  and 
said  corporation  are  unable  to  agree  on  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  such  fire   district,  the  supreme  juclicial 
court  shall  ascertain  and  fix  such  total  cost  under  the  fore- 
going provisions  of  this  act,  and  enforce  the  right  of  said 
town  or  such  fire  district  to  take  possession  of  said  fran- 
chise,  corporate    property,    rights    and   privileges   upon 
payment  of  such  cost  to  said  corporation.     This  authority 
to  take  such  franchise  and   property  is  granted  on  condi- 
tion that  the  taking  is  assented  to  by  said  town  or  such 
fire    district  by  a  two-thirds  vote  of  the  voters  thereof 


Town  or  dis- 
trict, on  taking 
property,  to 
assume  all 
outstamiing 
liabilities. 


Taking  prop- 
erty to  be 
assented  to  by  a 
two-lhirda  vote. 


1888.  — Chapter  196.  IGl 

present  and  voting  thereon  at  a  meeting  legally  called  for 
that  purpose. 

Section  10.     The  said  town  or  such  fire  district  may,  Fairhaven 

i>        .^  f  '  J^  j_        ^         •  1    f  ^  •  i    Wator  Loan  not 

tor  the  purpose  ot  paying  the  cost  oi  said  tranchise  and  to  exceed 

corporate  property  and  the  necessary  exi)enses  and  liabil-  *''"'*^"'^- 

ities  incurred  under  the  ]n-ovisions  of  this  act,  issue  from 

time  to  time,  bonds,  notes   or   scrip  to  an  amount  not 

exceeding  in  the  aggregate  fifty  thousand  dollars  ;  such 

bonds,  notes,  and  scrip  shall  bear  on  their  face  the  words 

Fairhaven  AA'ater  Loan,  shall  be  payable  at  the  expiration 

of  periods  not  exceeding  thirty  years  from  the  date  of 

issue,  shall  bear  interest  payable  semi-annually  at  a  rate 

not  exceeding  six  per  centum  per  annum,  and  shall  be 

signed  by  the  treasurer  of  the  town  or  of  such  fire  district 

and  countersigned  by  the  water  commissioners  hereinafter 

provided  for.     The  said  town  or  such  fire  district  may  sell  ,¥='>  f^"  ;<;«""- 

,  .    .  ,  ,.  .  ,  '^       ,        ties  at  i)ii1i1k' or 

such  securities  at  public  or  private  sale  and  pledge  the  private  saio. 
same  for  money  borrowed  for  the  purposes  of  this  act,  at 
not  less  than  the  par  value  thereof,  upon  such  terms  and 
conditions  as  it   may  deem  proper.     The   said  town  or 
such  district  shall  pay  the  interest  upon  said  loan  as  it 
accrues  and  shall  provide  for  the  payment  of  said  princi- 
pal at  maturity  1iy  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  town  or 
such  district  shall  decide  to  establish  a  sinking  fund,  it  To  establish  a 
shall  contribute  thereto  annually  a  sum  sufficient  with  its  provide  for 
accumulations  to  pay  the  principal  of  said  loan  at  matu-  t'lonate'"^"^"'^ 
rity ;  and  said  sinking  fund    shall    remain  inviolate  and  P='J'nents. 
pledged  to  the  payment  of  said  debt  and  shall  be  used  for 
no    other  purpose.     If  said  town    or  such  district  shall 
decide  to  pay  the  principal  of  said  loan  by  instalments, 
such  amounts  as  may  be  necessary  to  make  such  pay- 
ments shall,  without  further  vote   of  said  town  or  such 
district,  be  raised  annually  by  taxation,  in  the  case   of 
said  town  in  such  manner  as  money  is  raised  for  other 
town  expenses,  and  in  the  case  of  such  district  in  the 
manner  [)rovided  by  section  fifty-four  of  chapter  thirtj'- 
five  of  the  Public  Statutes. 

Section  11.     The  returns  required  by  section  ninety- Amomn  of 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  et'c!',To'^be"Matcd 
the  amount  of  any  sinking  fund  estal)Iishcd  under  this  act,  ^ '^'■""'s- 
and  if  none  is  established  whatever  action  has  been  taken 


1G2 


1888.  — Chapter  190. 


l?oard  of  water 
commiBsioners 
to  bo  elected. 


To  be  trustees 
nf  the  einking 
fund. 


Vacancies. 


Town  or  district 
may  adopt  by- 
laws prescribing 
how  meetings 
may  be  called, 
etc. 


Work  to  be 
commenced 
within  two 
years. 


for  the  payment  of  the  annual  proportion  of  said  bonded 
debt  as  hcreinl)efore  provided,  and  the  amount  raised  and 
expended  therefor  for  the  current  year. 

Section  12.  The  said  town  or  such  fire  district  shall, 
after  its  purchase  of  said  franchise  and  corporate  property, 
as  provided  in  this  act,  at  a  legal  meeting  called  for  the 
purpose,  elect  by  ballot  three  persons  to  hold  office,  one 
until  the  expiration  of  three  years,  one  until  the  expira- 
tion of  two  years,  and  one  until  the  expiration  of  one  year 
from  the  next  succeeding  annual  town  meeting  or  annual 
meeting  of  such  fire  district,  to  constitute  a  board  of  water 
commissioners  ;  and  at  each  annual  town  meeting  or  an- 
nual meeting  of  such  fire  district  thereafter  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  All  the  authority  granted  to  the  said  town  or  such 
fire  district  by  this  act  and  not  otherwise  specially  pro- 
vided for  shall  be  vested  in  said  water  commissioners,  who 
shall  he  subject  however  to  such  instructions,  rules  and 
regulations  as  said  town  or  such  fire  district  may  impose 
by  its  votes.  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  woi'ks 
and  to  the  sinking  fund.  Any  vacancy  occurring  in  said 
board  from  any  cause  may  be  filled  for  the  remainder  of 
the  unexpired  term  by  said  town  or  such  fire  district  at 
any  legal  meeting  of  said  town  or  such  fire  district  called 
for  the  purpose. 

Section  13.  The  said  town  or  such  fire  district  may 
adopt  by-laws  prescribing  by  whom  and  how  meetings 
may  l)e  called  and  notified ;  but  meetings  may  also  be 
called  by  application  of  seven  or  more  legal  voters  in  said 
fire  district  or  by  warrant  of  the  selectmen  of  said  town 
on  such  notice  as  may  be  prescribed  therein.  The  said 
town  or  such  fire  district  may  also  provide  rules  and  regu- 
lations for  the  management  of  its  water  works  not  incon- 
sistent with  this  act  or  the  laws  of  the  CommonAvealth, 
and  may  choose  such  other  officers  not  provided  for  in 
this  act  as  it  may  deem  proper  and  necessary. 

Section  14.  This  act  shall  take  efiect  upon  its  pas- 
sage, but  shall  become  void  unless  work  under  it  is  com- 
menced within  two  years  from  the  date  of  its  passage. 

Approved  April  9,  1888. 


1888.  —  CHArTEES  197,  198.  1G3 


An  Act  to  change  the  name  of  the  east  stoughton  baptist  nj^nry  107 

CHURCH,  -^ 

Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.  The  religious  society  in  Avon  incorpo- Name  changed, 
rated  under  tlie  general  laws  of  the  Commonwealth  and 
called  the  East  Stoughton  Baptist  Church  shall  be  known 
and  called  hereafter  h\  the  name  of  the  Avon  Baptist 
Church  and  as  such  and  under  such  name  shall  hold  and 
possess  all  the  real  estate  and  personal  property  and  shall 
be  entitled  to  all  the  rights  and  privileges  and  be  subject 
to  all  the  liabilities  of  the  society  incorporated  and  called 
as  aforesaid. 

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

Approved  April  9,  1888. 

An  Act  authorizing  the  planting  of  clams  in  and  around  nhfjy^  lOQ 

THE   SHORES   OF   ESSEX.  "' 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  selectmen  of  the  town  of  Essex  may  selectmen  may 
by  writing  under  their  hands  grant  a  license  for  such  a  forpiautiuir, 
term  of  years,  not  exceeding  five,  as  they  in  their  discre-  '''<=••'=''""*• 
tion  may  deem  necessary  and  the  i)ublic  good  requires,  to 
any  inhabitant  of  said  towni,  to  plant,  cultivate  and  dig 
clams  upon  and  in  any  flats  and  creeks  in  said  town  now 
unproductive  thereof,  not  exceeding  two  acres  to  any  one 
person,    and    not   impairing   the    private    rights    of    any 
person. 

Section  2.     Such  license  shall  describe  by  metes  and  wcensetobe 

"^  recorciGcl  by 

bounds  the  flats  and  creeks  so  appropriated  and  shall  be  towncierk. 
recorded  by  the  town  clerk  before  it  shall  have  any  force, 
and  the  person  licensed  shall  pay  to  the  selectmen  for  the 
use  of  said  town  two  dollars  and  to  the  clerk  fifty  cents. 

Section  3.     The  person  so  licensed  and  his  heirs  and  Person  licensed 

111/"!  •  •!!  1  !•  have  exclu- 

assigns  shall  tor  the  purposes  atoresaid  have  the  exclusive  sue  use  of  flats, 
use  of  the  flats  and  creeks  described  in  the  license  durino;  l^n^iiceuse. 
the  term  specified  therein,  and  may  in  an  action  of  tort 
recover  treble  damages  of  any  person,  who,  without  his 
or  their  consent  digs  or  takes  clams  from  such  flats  or 
creeks  during  the  continuance  of  the  license. 

Section  4.     Said  town  of  Essex  at  any  legal  meeting  Town  may 
called  for  the  purpose  may  make  such  by-laws,  not  re-  firp^iotecuoifof 
pugnant  to  the  laws  of  the  Commonwealth,  as  they  may  *'*^"  ""Series. 


1G4 


1888.  —  Chapter  199. 


from  time  to  time  deem  expedient  to  protect  and  preserve 
the  shell  fisheries  within  said  town. 
I'enaitiei.  SECTION  5.     Whocver  takes  any  shell  fish  from  within 

the  w^aters  of  said  town  of  Essex  in  violation  of  the  by- 
laws established  by  it  or  of  the  provisions  of  this  act  shall 
for  every  ofience  pay  a  fine  of  not  less  than  five  nor  more 
than  ten  dollars  and  costs  of  prosecution,  and  one  dollar 
for  every  bushel  of  shell  fish  so  taken. 

Section  6.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  April  9,  1888. 


Chap.l^^ 


Cause  and  origia 
of  tires  to  be 
iovestigated 
when  property 
is  destroyed. 
r.S.  216,  §1. 


Investigation  to 
l)e  commenced 
within  two  days. 


Annual  return 
to  be  made  to 
the  insurance 
oommissioner. 


An  Act  in  relation  to  returns  and  statistics  of  fires. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
sixteen  of  the  Public  Statutes  is  hereby  amended  so  as  to 
read  as  follows  : —  When  property  is  destroyed  by  fire,  it 
shall  be  the  duty  of  the  board  of  fire  engineers  in  cities, 
other  than  the  city  of  Boston,  and  in  towns  having  a 
board  of  fire  engineers,  and  of  the  board  of  selectmen  in 
towns  havin<2:  no  board  of  fire  eno'ineers  to  make  investio-a- 
tion  of  the  cause,  circumstances  and  origin  thereof,  espe- 
cially to  examine  whether  it  was  the  result  of  carelessness 
or  design.  Such  investigation  shall  be  commenced  within 
two  days  of  the  occurrence  of  the  fire  not  including  the 
Lord's  day.  They  shall  present  a  written  statement  to 
the  city  or  town  clerk  for  careful  record  by  him  in  a  book 
provided  by  the  insurance  commissioner,  of  all  the  facts 
relating  to  the  cause,  kind  of  property,  amount  of  value 
destroyed,  ownership,  and  such  other  particulars  as  may 
be  called  for  in  the  form  provided,  and  any  other  facts 
which  to  them  seem  pertinent ;  and  such  record  shall  be 
made  wnthin  two  weeks  of  the  occurrence  of  the  fire. 
The  book  of  record  shall  be  kept  in  the  ofiice  of  the  clerk 
of  the  city  or  town,  and  it  shall  be  his  duty  to  make 
transcript  of  such  fire  record  for  the  year  preceding,  upon 
a  blank  form  provided  by  the  insurance  commissioner, 
and  forward  same  to  the  insurance  department  within 
fifteen  days  from  the  first  day  of  January  in  each  year. 
Whenever,  from  the  investigation  aforesaid,  there  appear 
reasonable  grounds  for  believing  the  fire  was  caused  by 
design,  the  chief  of  the  board  of  fire  engineers  of  the  city 
or  of  the  town  having  such  board  of  fire  engineers  or  the 
chairman  of  the  board  of  selectmen  of  the  town  having  no 
such  board  of  fire  engineers,  shall  apply  to  a  police,  dis- 


1888.  — Chapter  200.  165 

trict  or  municipal  court,  or  trial  justice,  for  a  jury  of 
inquest ;  and  such  court  or  justice  shall  forthwith  issue  a 
warrant  to  a  constable  of  such  city  or  town,  requirins^  him 
forthwith  to  summon  six  good  and  lawful  men  of  the 
county  to  appear  before  the  court  or  justice,  at  a  time  and 
place  expressed  in  the  warrant,  to  inquire  wdien  and  by 
what  means  the  fire  originated.  Any  of  the  herein  named  Penalty, 
city  or  town  officials  neglecting  or  refusing  to  comply 
with  any  of  the  requirements  of  this  act,  shall  be  punished 
by  fine  of  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars. 

Section  2.     Section  seven  of  said  chapter  two  hun-  Amendment  to 
dred  and  sixteen  is  hereby  amended  by  striking  out  the 
words  "  or  in  the  county  of  Suffolk  with  the  clerk  of  the 
municipal  court  of  the  city  of  Boston." 

Section  3.     Sections  ten  and  eleven  of  chapter  thirty-  Repeal, 
five  of  the  Public  Statutes  are  hereby  repealed. 

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

Approved  April  9, 1S8S. 

An  Act   extending  the  time  in  which  persons  may   apply  (JJid^j  200 

FOR    assessment   OF    TAXES,  AND   PROVIDING   FOR    EVENING   SES- 
SIONS  OF  THE   ASSESSORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  two  hundred  iy,'which'per^'^ 
and  ninetv-ei2:ht  of  the  acts  of  the  year  eijjhteen  Inmdred  fo°»  ^^^y  -"^pp'y 

-,•■,,'  1.  1  ..  1-1  1  '°''  aseeesment 

and  eii>hty-rour,  relatinof  to  the  time  in  which  male  per-  of  taxes. 

^'       jP         ^  1    ^        xi  \l       i>  1S84,  298,  §  11. 

sons  may  upon  application  be  assessed  tor  the  payment  oi 
poll  and  other  taxes,  is  amended  by  striking  out  in  the 
second  line  thereof  the  words  "  fifteenth  day  of  Septem- 
ber*', and  inserting  in  place  thereof  the  words  :  —  first  day 
of  October,  —  and  by  striking  out  in  the  eleventh  and 
twelfth  lines  thereof  the  words  "  twentieth  day  of  Septem- 
ber", and  inserting  in  place  thereof  the  words  : — fifth  day 
of  October,  —  so  that  the  section  as  amended  shall  read 
as  follows:  —  Section  11.  When  a  male  person,  on  or 
before  the  first  day  of  October  in  any  year,  gives  notice 
in  writing,  accompanied  by  satisfactory  evidence,  to  the 
assessors  of  a  city  or  town,  that  he  was  on  the  first  day  of 
May  of  that  year  an  inhabitant  thereof,  and  liable  to  pay  a 
poll  tax,  and  furnishes  under  oath  a  true  list  of  his  polls, 
and  estate  both  real  and  personal,  not  exempt  from  taxa- 
tion, the  assessors  shall  assess  him  for  his  polls  and  estate  ; 
but  such  assessment  shall  be  subject  to  the  provisions  of 


1613 


188S.  —  CiiAPTEii  200. 


Application  of 

women  to  be 
assessed  for 
payment  of 
taxes. 
18&i,  298,  §  12. 


Sessions  of 
assessors  of 
taxes  in  cities 
and  towns. 


'I'o  apply  to  the 
city  of  lioston. 


section  seventy-three  of  chapter  eleven  of  the  Puhh'c  Stat- 
utes. And  the  assessors  shall,  on  or  before  the  fifth  day 
of  October,  deposit  with  the  registrars  of  voters  or  board 
charged  with  the  preparation  of  the  list  of  voters  of  the 
city  or  town  a  list  of  the  persons  so  assessed.  The  taxes 
so  assessed  shall  be  entered  in  the  tax  list  of  the  collector 
of  the  city  or  town,  and  he  shall  collect  and  pay  over  the 
same  in  the  manner  specified  in  his  warrant. 

Section  2.  Section  twelve  of  chapter  two  hundred 
and  ninety-eight  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four  relating  to  the  time  in  which  women  may 
upon  application  be  assessed  for  the  payment  of  poll  and 
other  taxes  is  amended  by  striking  out  in  the  second  and 
third  lines  thereof  the  words  ' '  fifteenth  day  of  Septem- 
ber", and  inserting  in  place  thereof  the  words:  —  first 
day  of  October,  —  and  by  striking  out  in  the  eleventh 
line  thereof  the  words  "twentieth  day  of  September", 
and  inserting  in  place  thereof  the  words  :  —  fifth  day  of 
October,  —  so  that  the  section  as  amended  shall  read  as 
follows  :  —  Section  12.  Any  woman,  who  is  a  citizen  of 
this  Commonwealth,  may,  on  or  before  the  first  day  of 
October  in  any  year,  give  notice  in  writing,  accompanied 
by  satisfactory  evidence,  to  the  assessors  of  a  city  or 
town,  that  she  was  on  the  first  day  of  May  of  that  year  an 
inhabitant  thereof,  and  that  she  desires  to  pay  a  poll  tax, 
and  to  furnish  under  oath  a  true  list  of  her  estate,  both 
real  and  personal,  not  exempt  from  taxation,  and  she 
shall  thereupon  be  assessed  for  her  poll,  not  exceeding 
fifty  cents,  and  for  her  estate,  and  the  assessors  shall,  on 
or  before  the  fifth  day  of  Octo1)er,  return  her  name  to  the 
registrars  of  voters  or  board  charged  with  the  preparation 
of  the  list  of  voters  of  the  city  or  town  in  the  list  of  the 
persons  so  assessed.  The  taxes  so  assessed  shall  be 
entered  in  the  tax  list  of  the  collector  of  the  city  or  town, 
and  he  shall  collect  and  pay  over  the  same  in  the  manner 
specified  in  his  warrant. 

Section  3.  Assessors  of  taxes  in  cities  shall  be  in 
session  until  ten  o'clock  on  the  last  three  afternoons  of 
the  periods  in  each  year  in  which  persons  ma}'  be  assessed 
for  the  payment  of  taxes  in  accordance  with  the  preceding 
sections  ;  and  in  towns  assessors  of  taxes  shall  be  in  ses- 
sion until  ten  o'clock  on  the  last  afternoon  of  such  period. 
Section  4.  Section  seven  of  chapter  two  hundied  and 
forty-three  of  the  acts  of  the  year  eighteen  hundred  and 


1888.  —  Chapters  201,  202.  167 

seventy-eight  relative  to  applications  for  the  assessment 
of  poll  taxes  in  the  city  of  Boston  and  to  the  sessions  of 
the  board  of  assessors  in  said  city,  is  repealed,  and  sec- 
tions eleven  and  twelve  of  chapter  two  hundred  and 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  as  hereby  amended  and  also  the  preceding 
section  of  this  act  shall  hereafter  apply  to  the  city  of 
Boston  the  same  as  to  the  other  cities  of  the  Common- 
wealth. 

Sectiox  5.     This  act  shall  take  eifect  upon  its  passage. 

Approved  April  9,  1888. 


Chap.201 


An  Act   to  incorporate  the  African  methodist   episcopal 
church  in  springfield. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Morris  C.  Brooks,  Edward  J.  Williams,  African  Metho- 
Dennis  T.  Berry,  Henry  T.  Clinton,  Harvey  Alexander,  L^hur^rir'''' 
Benjamin  Harris  and  all  other  members  of  the  African  fJcorprrafe'd. 
Methodist  Episcopal  Church  in  Springfield  and  their  suc- 
cessors as  members  of  such  church  are  hereby  made  a 
corporation  under  said  name,    with  all  the  powers  and 
privileges  and  sul)ject  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.  Lorinastnet 

Section  2.     Said  church  formerly  known  as  the  Lor- chui°h'aiid  tho 
ing  Street  Methodist  Church  and  the   Union  American  Srch.""'"'"'' 
Church,  shall  hereafter  be  called  the  African  Methodist 
Episcopal  Church  in  Springfield. 

Section  3.     The  organization  and  all  subsequent  pro-  organization 
ceedings  of  said  church,  so  far  as  the  same  appear  upon  'ratJed^''^  "^ 
the  records  of  said  church,  are  ratified  and  confirmed,  and 
the  same  shall  l)e  taken  to  be  good  and  valid  in  law  to  all 
intents  and  purposes. 

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

Approved  Apjril  9,  1888. 

An  Act  authorizing  the  planting  of  clams  in  and  around  Qj/an.202 

THE   SHORES   OF  WINTHROP. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  selectmen  of  the  town  of  Winthroi)  selectmen  may 

1  'j.  iji'ii  ii-  i>  I     grant  licenses 

may  by  writing  under  their  hands  grant  a  license  tor  sucn  for  planting, 
a  term  of  years,  not  exceeding  five,  as  they  in  tlieir  dis-  «tc.,  ciama. 
cretion  may  deem  necessary  and  the  public  good  requires, 


1888.  —  Chapter  203. 

person,  and  not  impairing  the  prl, I  rilT  '.?  ""^  """^ 
son.  »d  in  no  ea  J«,t.,iS  Z  CXd  fetilK^ 

License  to  be  Q 

=»  bouXS  flatstdV;::rr  "'^"  '^^^""'>«  '>y  mete.,  and 
recorded  by  tt  tTwnS  iefo"'>'fn'',''  ""''  '''"'^  ''« 
and  the  peLn  liceZd  Lai  t^v  to  tf '"'  '""  '^^  ''»•«<'• 
use  of  said  town  two  dllN^    Paj  to  the  selectmen  for  the 

£"r.SX-       Section  3      Tipper  'rsol"  *''f  ^'^*  «»■>'  «^"ts- 
«v.».o,..,.,  assigns  shall  for  the  puZ  e^atliu  T''  '],"  ''''"'  ""'' 
use  of  the  iiats  and  c-BP^f?    ""'"f  <•  ''a^'e  the  exclusive 
the  time  sjSed  thereh   t'?""*  '^  "^"^  "<='="^«  during 

anfflT^r'^reerr;;,  If  i,':'-a'"'''r  '"'  ^■»»'  ^'•- 
aforesaid  durina  the  S,  nil  t,  ^  'i'™f  §""*«'  »« 
sent  of  the  perfon  so  Mp.nlT  ?  ^f-ieof  without  the  con- 
a  fine  of  not  less  than  w!  ''""  ^^  "^''^  "ff'^"<=«  Pay 
costs  of  pro  ecution   ,„d  fT  'i'""  '<="  '•""•■"'s  and 

clams  so  taken  •      ^  °"'  '"""'"■  ^"'^  «™'y  bushel  of 

S-rio.  0.     This  act  shall  take  effect  upon  its  passage 

_____^     Approved  April  9,  1888'. 

THEREOF.  '''''''     ^^      ^"^     P^-^^C      DECLARATION 

Be  it  enacted,  etc. ,  as  follows : 

Statements  rel  C! 

SSH  at  anSol^in^^t:  t  SJ^in^T^r?  "'''V"^ 

to  public  deciar- any  selectman    plpvt    „      7   "^^l^'^^^t  shall  be  made  by 

ationofthevote.    , -^  ..  '*=^^"i'»n,  cieik,  Warden,  insneotor    foli^..  ^       ^1   "^ 

election  officer,  of  the  number  of  ballot"  iasftL      °'''"' 

.     of  vo  ers  present,  the  number  of  votes ^venVl     ""™'""' 

tclFe'-oToth!;  eltlrll""""'  f'^*-  ™«'™'  "'^Pector, 

of  the  precedi4  se?  on  ?h ■„"  r  ""' M^  ^"^t  l'™"^-""^ 
o  '.tenon,  shall  be  punished  by  fine  not 


1888.  —  Chapters  204,  205.  1G9 

exceeding  one  hundred  dollars  or  by  imprisonment  in  the 
house  of  correction  for  twenty  days. 

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

Aj^proved  April  9,  188S. 

An  Act  to  enlakge  the  purposes  of  the  woman's  American  QJi(i'n.204: 

BAPTIST   HOME   MISSION   SOCIETY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The   Woman's   American   Baptist   Home  May  educate, 
Mission  Society  is  authorized  and  empowered  to  carry  on  etc!!  in  ™ny  pan 
the  work  of  evangelizing  and  educating  the  women  and  America. 
children  in  any  part  of  North  America. 

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

Approved  Apml  9,  1888. 

An  Act  to  incorporate  the  American  landlords'  liability  CJiap,205 

INSURANCE  COMPANY. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1.     John  Ouincy  Adams,  Henry  Lee,  Charles  American  Land- 

lords*  Liiibilitv 

U.  Cottinsr,  William  Minot,  Junior,  Francis  W.  Hunne-  insurance 
well,  Robert  A.  Boit,  Moses  Williams,  Russell  S.  Cod-  [n^nSed. 
man,  Robert  Codman  and  Charles  A.  Williams,  their 
associates,  successors  and  assigns,  are  hereby  made  a 
corporation  under  the  name  of  the  American  Landlords' 
Liability  Insurance  Company,  to  be  located  in  the  city  of 
Boston,  for  the  purpose  and  with  the  power  and  authority 
of  insuring  persons  or  corporations,  interested  in  real 
estate,  against  lial)ility  to  any  persons  on  account  of  per- 
sonal injuries  caused  by  accidents  happening  upon  or 
oriijinating  from  such  real  estate. 

Section  2.  The  capital  stock  of  said  corporation  shall  ^'»p"='1  «'«><=''• 
be  two  hundred  thousand  dollars,  and  it  shall  not  deliver 
any  policies  of  insurance  until  such  capital  shall  have  been 
actually  paid  in  in  cash.  After  the  original  capital  shall 
have  been  paid  in,  the  said  corporation  may  at  any  time 
increase  its  capital  stock  in  the  manner  provided  by  sec- 
tion thirty-six  of  chapter  two  hundred  and  fourteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-seven. 

Section  3.     Said  corporation  shall,   except  as  herein  sniijcct  to  gen. 
otherwise  provided,  be  organized  under,  and  subject  to,  ini;  stock  are 
the  provisions  of  the  general  law  concerning  stock  fire  complnies. 
insurance  companies,  so  far  as  such  provisions  may  be 
applicable  ;  shall  have  and  may  exercise  all  the  powers, 
rights    and   privileges,   and  shall   be  subject   to    all   the 


170  1888.  —  Chapters  20G,  207. 

duties,  liabilities  and  requirements  under  the  general  law 

applicable  to   stock  fire  insurance  companies,  so  far  as 

such  general  law  may  be  applicable  to  its  business ;  but 

Not  to  conduct    said  Corporation  shall  not  conduct  the  business  of  insurinff 

the  business  '^f  •        .    !.  ~ 

insuring  aguiust  agauist  hrC. 

Section  4 .     This  act  shall  take  efl^ect  upon  its  passage. 

Approved  A2'>ril  9,  1888. 

ChCip.20G  ^^    ^^'^  KEQUIKING    ASSESSORS   OF   TAXES   IN   TOWNS  TO   POST    LISTS 
OF   PEnSON'S   ASSESSED   FOR  POLL  TAXES. 

Be  it  enacted,  etc. ,  as  follows : 

t^wns!t"i)ost         Section  1.     The  assessors  of  taxes  in  each  town  shall 
lists  of  persons    ou  or  beforc  the  first  day  of  Aujjust  in  each  year,  cause 

assessed  for  poll  '     .      -,  ...  t.  J.      h  t,  ./. 

taxes.  prmted  or  written  lists  or  all  persons  assessed  therein  for 

the  payment  of  poll  taxes  to  be  prepared,  and  to  be  con- 
spicuously posted  in  two  or  more  pul)lic  places  in  such 
town.  In  case  a  town  is  divided  into  voting  precincts, 
separate  lists  for  each  precinct  shall  be  so  prepared  and 
be  posted  in  each  voting   precinct.     The    names  of  the 

Names  to  be       pei'sous  asscsscd  shall  be  arranijed  in  ali)ha1)etical  order, 

arranged  alpha-  -i-if-,-,,  ,,  ~ 

beticaiiy, etc.  and  the  lists  shall,  as  far  as  practica])]e,  be  so  made  as  to 
show  by  reference  to  streets  and  numl)ers  thereon,  or  to 
roads,  or  by  such  other  definite  description  as  may  be 
possible,  the  location  of  the  residence  of  each  person  so 
assessed.  All  such  lists  shall  be  duly  certified  by  the 
assessors. 

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

Approved  April  9,  1888. 

ChCip.201  ^^  ^^'^  '^^  AMEND  SECTION  TWENTY  OF  CHAPTER  ONE  HUNDRED 
AND  FOUR  OF  THE  PUBLIC  STATUTES  SO  AS  TO  PROVIDE  FOR 
FIRE   RESISTING   CURTAINS   IN   THEATRES. 

Be  it  enacted,  etc.,  asfolloivs: 

Turtains'iu"^  Section  1.     Scctlou  twcuty  of  chaptcr  one  hundred 

theatres.  and  four  of  the  Public  Statutes  is  hereliv  amended  by 

■p    Q    104.    S  90  ' 

'^  '  inserting  after  the  word  "  direct"  in  the  fifth  line  thereof 
the  following  words  ;  —  The  proscenium  or  curtain  open- 
ing of  all  theatres  shall  have  a  fire  resisting  curtain  of 
some  incombustible  material ;  the  material,  construction 
and  mechanism  of  which  shall  be  approved  by  said 
inspectors. 

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

Approved  April  9,  1888. 


1888.  — CHArTERS  208,  209.  171 


An   Act   to    extend   the    charter  of   the    Salisbury    i^each  ^^^^^^  208 
plank  road  company. 

Be  it  enacted^  etc.,  asfoUoics: 

Sectiox  1.     The  charter  of  the  Salisbury  Beach  Plank  ^hart^^^ 
Koad  Company  is  hereby  extended  for  the  term  of  twenty 
years  from  the  expiration  of  said  charter  as  provided  by 
section  live  of  chapter  one  hundred  and  seventy-two  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-live. 

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

Appi'oved  April  9,  1888. 

An  Act  regulating  the  sale  and  purchase  of  poisons.        CI>C(p.20Q 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  six  of  chapter  two  hundred  and  chiti'of  poisona 
eight  of  the  Public  Statutes  is  hereliy  amended  so  as  to  regulated. 
read    as    follows :  —  Section    6.     AVhoever   sells    arsenic 
(arsenious    acid),    atropia    or   any    of   its   salts,    chloral 
hydrate,  chloroform,   cotton    root   and  its    fluid   extract, 
corrosive    sublimate,    cyanide   of   potassium,    Donovan's 
solution,  ergot  and    its   fluid  extract.  Fowler's  solution, 
laudanum,  McMunn's  elixir,  morphia  or  any  of  its  salts, 
oil  of  pennyroyal,  oil  of  savin,  oil  of  tansy,  opium,  Paris 
green.  Parsons'  vermin  exterminator,  phosphorus,  prussic 
acid,  "  rough  on  rats,"  strychnia  or  any  of  its  salts,  tartar 
emetic,  tincture  of  aconite,  tincture  of  l)elladonna,  tincture 
of  digitalis,  tincture  of  nux  vomica,  tincture  of  veratrum 
viride,  without  the  written  prescription  of  a  physician, 
shall  keep  a  record  of  such  sale,  the  name  and  amount  of 
the  article  sold,  and  the  name  and  residence  of  the  person 
or  persons  to  whom  it  was  delivered,  which  record  shall 
be  made  before  the  article  is  delivered,  and  shall  at  all 
times  be  open  to  inspection  by  the  olficers  of  the  district 
police  and  by  the  police  authorities  and  ofiicers  of  cities 
and  towns.     Whoever  neglects  to  keep  or  refuses  to  show 
to  said  ofiicers  such  record  shall  be  punished  by  fine  not 
exceeding  fifty  dollars.     Whoever  sells  any  of  the  poison-  "PoiBon-and 
ous  articles  named  in  this  section,   without  the  written  ',!,;i^e^b}aek'  "* 
prescription  of  a  physician,  shall  aflSx  to  the  bottle,  box  J,^,'|,^[e*i*°n^he 
or  wrap])er  containing  the  article  sold  a  lal)el  of  red  paper  latei. 
upon  which  shall  ha  printed  in  large  black   letters   the 
w^ord  —  Poison,  and  also  the  word  —  Antidote,  and  the 
name  and  place  of  business  of  the  vendor.     The  name  of 
an  antidote,  if  there  be  any,  for  the  poison  sold  shall  also 


172 


1888.  —  Chapter  210. 


Penalties. 


Not  to  apply  to 
■wholesale 
dealers,  etc. 


Repeal. 


be  upon  the  label.  Every  neglect  to  affix  such  label  to 
such  poisonous  article  before  the  delivery  thereof  to  the 
purchaser  shall  be  punished  by  fine  not  exceeding  fifty 
dollars.  Whoever  purchases  poisons  as  aforesaid  and 
gives  a  false  or  fictitious  name  to  the  vendor  shall  be 
punished  by  fine  not  exceeding  fifty  dollars  :  provided, 
that  nothing  in  this  act  shall  be  construed  to  apply  to 
wholesale  dealers  and  to  manufacturing  chemists  in  their 
sales  to  the  retail  trade. 

Section  2.  Chapter  thirty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-seven  entitled  An  Act 
regulating  the  sale  and  purchase  of  poisons  is  hereby 
repealed. 

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

Approved  April  10,  1888. 


Ch(lfJ.2ilO  ^^  ^^^    ^^  PROVIDE   A   FURTHER   WATER   SUPPLY   FOR   THE   CITV  OF 


Water  supply 
for  the  city  of 
Maiden. 


To  cause  a 
description  of 
the  land,  etc., 
taken,  to  be 
recorded  in  the 
registry  of 
deeds. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  city  of  Maiden,  for  the  purpose  of 
supplying  said  city  and  the  inhal)itants  thereof  with  pure 
water  for  the  extinguishment  of  fires  and  for  domestic  and 
other  purposes,  may  take  by  gift,  purchase  or  otherwise 
the  water  of  any  well,  spring  or  stream  within  said  city, 
and  obtain  and  take  water  by  means  of  boied,  driven  or 
artesian  wells  within  said  city,  and  hold  and  convey  said 
water  through  said  city,  and  may  also  take  and  hold  by 
gift,  purchase  or  otherwise  any  land,  rights  of  way  and 
easements  necessary  for  ol)taining  and  taking  said  water 
and  laying,  constructing  and  maintaining  aqueducts,  water 
courses,  reservoirs,  storage  basins,  dams  and  such  other 
works  as  may  be  deemed  necessary  for  collecting,  purify- 
inir,  storino:,  retaining,  discharging,  conductino:  and  dis- 
tril)uting  said  water. 

Section  2.  Said  city  shall,  within  sixty  days  after 
taking  any  lands,  rights  of  way,  water  rights,  water 
sources  or  easements  aforesaid,  otherwise  than  by  pur- 
chase, for  the  purpose  of  this  act,  file  and  cause  to  be  re- 
corded in  the  registry  of  deeds  for  the  county  and  district 
in  which  such  land  or  other  property  is  situated,  a  descrip- 
tion thereof  sufficiently  accurate  for  identification,  Avitli  a 
statement  of  the  purpose  for  which  the  same  was  taken, 
which  statement  shall  be  signed  hy  the  maj'or. 


1888.  —  Chapter  210.  173 

Section  3.  Said  city,  for  the  purpose  aforesaid,  may  May  bore  weiis, 
bore  or  drive  wells,  construct  aqueducts  and  maintain  aqueducts,  etc. 
dams,  reserA-oirs,  storage  basins  and  other  proper  works  ; 
may  erect  buildings  and  machinery  ;  may  make  and  estab- 
lish such  public  fountains  and  hydrants  as  may  from  time 
to  time  be  deemed  proper,  and  may  change  or  discontinue 
the  same  ;  may  regulate  the  use  of  water,  and  establish  the 
rates  to  be  paid  therefor,  and  collect  the  same  by  process  of 
law.      Said  city  may  also  for  the  purposes  aforesaid,  carry  May  carry  pipe 

.•'•'  ^^i  'J.        ''^''^'' ''''  under 

any  pipe,  dram  or  aqueduct  over  or  under  any  river,  water  any  water 

,  ,  "ii  11'  1  •    ^  J.^  course,  street  or 

course,  street,  railroad,  public  way,  highway  or  other  way,  other  way. 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same, 
and  may  enter  upon  and  dig  up  such  road,  street  or  way 
for  the  purpose  of  laying  down,  maintaining  or  repairing 
any  pipe,  drain  or  aqueduct,  and  may  do  any  other  thing 
necessary  and  proper  in  executing  the  purposes  of  this  act.  damages/"' 

Section  4.  Said  city  shall  be  liable  to  pay  all  dam- 
ages sustained  by  any  persons  or  corporations  by  the  tak- 
ing of  or  injury  to  any  of  their  land,  water,  water  rights, 
rights  of  way,  easements  on  propert}^  or  by  the  con- 
structing or  repairing  of  any  aqueduct,  reservoir  or  other 
works,  for  the  purposes  aforesaid.  Any  person  or  corpo- 
ration sustaining  damages  as  aforesaid  under  this  act  who 
fails  to  agree  with  said  city  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  Limitation. 
made  after  the  expiration  of  said  three  years. 

Section  5.     No  application  shall  be  made  to  the  court  ^''i,gPP!Jde^for 
for   the   assessment  of  damages  for  the   taking   of  any  damages  umii 
water  rights,  or  for  any  injury  thereto,  until  the  water  diverted. 
is  actually  withdrawn  or  diverted  by  said  city  under  the 
authority  of  this  act. 

Section  6.     All   the    rights,    powers    and   authority  Rights,  etc., 
given  to  the  city  of  ]\Ialden  by  thi.s    act  shall  be  excr-  [^ired^'b/alent* 
cised  ])y  said  city,  subject  to  all  duties,  liabilities    and 
restrictions  herein  contained,  in  such  manner  and  l)y  such 
agents,  officers    and  servants,  as   the   city  council    shall 
from  time  to  time  ordain,  direct  and  appoint. 

Section  7.     For  the  purpose  of  defraying  the  cost  of 
such  franchises,    property,  land,   easements,    water   and 


174 


1888.  — Chapter  210. 


Maiden  Water 
Loan. 


water  rights  as  may  be  purchased,  taken  or  held  for  the 
purposes  aforesaid,  and  of  constructing  the  works  author- 
ized by  this  act,  and  paying  all  expenses  incident  thereto, 
the  city  council  of  Maiden  shall  have  authority  to  issue  in 
addition  to  what  it  is  already  authorized  by  law  to  issue, 
scrip  or  bonds,  to  be    denominated  on  the   face  thereof 
Maiden  Water  Loan,  to  an    amount  not  exceeding   one 
hundred  thousand  dollars,  bearing  interest  not  exceeding 
six    per  centum    per  annum  payable    semi-annually,  the 
principal  to  be  payable  at  periods  of  not  more  than  thirt}'" 
years  from  the  issuing   of  such  scrip   or  bonds  respec- 
tively.    Said  city  council  may  sell  the  same  or  any  part 
thereof,  from  time  to  time,  or  pledge  the  same  for  money 
borrowed  for  the  above  purposes  ;  but  the  same  shall  not 
be  sold  or  pledged  for  less  than  the  par  value  thereof. 
The  provisions  of  section  three  of  chapter  one  hundred 
and  sixty  of  the  acts  of  the  year  eighteen  hundred  and 
seventy,  in  regard  to  establishing  and  maintaining  a  sink- 
ing fund  for  the  redemption  of  the  Maiden  water  loan, 
shall  apply  to  this  act ;    and  said    sinking  fund  shall  re- 
main inviolate,  and  pledged  to  the  payment  and  redemp- 
tion of  said  debt,  and  shall  be  used  for  no  other  purpose. 
The   provisions   of  sections   ten   and   eleven  of  chapter 
twenty-nine  of  the  Public  Statutes,  shall  so  far  as  appli- 
cable, apply  to  said  sinking  fund. 
Additional  SECTION   8.     The   additional    supply    of  water   which 

may  be  mingled  may  bc   obtained  under  the  authority  conferred  by  this 
wit  wa  er  rom  ^^^  may  bc  uscd  and  distributed  by  uniting  and  mingling 


Sinking  fund. 


Spot  pond. 


Issue  of  bonds, 
notes  or  certifi- 
cates of  debt. 


the  same  with  the  water  obtained  by  said  city  from  Spot 
pond,  or  any  other  authorized  source  of  supply ;  by  dis- 
tributing the  same  through  said  city  or  any  part  thereof 
by  means  of  the  system  of  pipes  now  laid,  or  which  may 
be  laid  under  the  provisions  of  chapter  one  hundred  and 
sixty  of  the  acts  of  the  year  eighteen  hundred  and 
.seventy,  or  any  act  in  amendment  of  or  addition  to  said 
act ;  by  means  of  an  independent  sj'stem  of  pipes  con- 
nected with  said  water  supply  and  extending  through  the 
whole  or  any  part  of  said  city,  or  by  any  other  means  the 
city  council  may  from  time  to  time  ordain  and  direct  as 
best  adapted  to  utilize  said  water  supply  for  the  benefit 
of  said  city  and  the  inhabitants  thereof. 

Section  9.  The  authority  heretofore  given  to  the 
city  of  Maiden  to  issue  bonds,  scrip,  notes  or  certiticatcs 
of  debt  for  the  purposes  mentioned  in  section  three  ot 


1888.  — Chapter  211.  175 

chapter  one  hundred  and  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy,  and  for  the  further  pur- 
pose of  establishing  and  maintaining  high  service  in  any 
part  of  said  city  deemed  advisable  by  the  city  council, 
and  the  authority  given  by  this  act  to  issue  scrip  or 
bonds,  shall  be  construed  to  authorize  the  issue  of  said 
bonds,  scriji,  notes  or  certificates  of  debt  for  the  purpose 
of  supplying  said  city  and  the  inhabitants  thereof  with 
pure  Avater,  and  estaljlishing  and  maintaining  high  ser- 
vice in  any  part  of  said  city  deemed  advisable  by  the  city 
council,  and  constructing  works  proper  for  either  of  said 
purposes,  whether  the  water  used  and  supplied  shall  be 
obtained  from  Spot  pond,  or  the  sources  of  supply  men- 
tioned in  this  act,  or  both  sources  combined,  provided  a 
water  supply  shall  be  obtained  and  used  under  the 
authority  conferred  by  this  act. 

Section  10.     AVhoever  wantonly  or  maliciously  diverts  Penalty  for 
the  water,  or  any  part  thereof,  taken  or  held  by  said  city,  ormVcTtfri^ng  u 
pursuant  to  the  provisions  of  this  act,  or  corrupts   the  '™i'"'«- 
same,  or  renders  it  impure,  or  destroys  or  injures  any 
dam,    aqueduct,    pipe,    conduit,    hydrant,    machinery   or 
other  works,  or  property  held,  owned  or  used  by  said 
city  under  the  authority  and  for  the  purposes  of  this  act, 
shall  forfeit  and  pay  to  said  city  three  times  the  amount 
of  the  damages  assessed  therefor,  to  be  recovered  in  an 
action  of  tort ;  and  on  conviction  of  either  of  the  wanton 
or  malicious  acts  aforesaid,  may  also  be  punished  by  line 
not  exceeding  three  hundred  dollars  or  by  imprisonment 
not  exceeding  one  year  in  the  house  of  correction,  in  said 
county  of  Middlesex. 

Section  11.     This  act  shall  take  effect  upon  its  pis-  subject  to 
sage  ;  but  shall  become  void  unless  it  is  accepted  by  the  AvTuKne  j ear. 
city  council  of  Maiden  within  one  year  from  its  passage. 

Approved  Ajjril  11,  1888. 


Chap:2n 


An  Act  to  provide  for  the  preservation  of  the  dockets, 
records  and  other  official  papers  of  trial  justices. 

Be  it  enacted,  etc.,  as  follows  : 

Section    1.     Trial    justices    shall    safely   preserve   all  Trini  jiiMicesto 

-,  n      1      •  1^     •    ^  T  1    pift^ene  docket* 

dockets   and   records    ot  their  otfacial    proceedmgs,   and  and  records,  and 

,  n--    '    1  '        ji      •  J      1  1      11     1  ii  keep  them  open 

other  official  papers  in   their  custody,  shall   keep  them  to  inepeciion. 
open,  under  proper  regulations,  to  public  inspection  and 
examination,     and    shall    furnish    copies     thereof    upon 


176 


1888.  —  Chapter  212. 


Papers  to  be 
deposited  with 
clerk  of  coiirta 
upon  death,  etc. 
of  justice. 


Penalty  on 
justice  for 
neglect. 


Penalty  on 
executor. 


Penalty  for; 
defacing  or 
concealing 
records,  etc. 


Clerks  of  courts 
to  receive 
papers  and  to 
make  and  cer- 
tify copies 
thereof. 


request  and  payment  of  such  fees  as  are  allowed  in 
similar  cases  to  clerks  of  courts. 

Section  2.  On  the  death,  resignation  or  removal  from 
office  of  a  trial  justice,  all  such  dockets,  records,  and 
other  official  papers  in  his  custody  shall  be  deposited  in 
the  office  of  the  clerk  of  the  courts  in  the  county  in  which 
he  resided,  or  if  he  resided  in  the  county  of  Sufl'olk,  in 
the  office  of  the  clerk  of  the  superior  court  for  civil  busi- 
ness in  said  county. 

Section  3.  A  trial  justice  who  neglects  for  three 
months  after  his  resignation  or  removal  from  ofBce  so  to 
deposit  his  dockets,  records,  and  other  official  papers  shall 
forfeit  a  sum  not  exceeding  five  hundred  dollars. 

Section  4.  If  the  executor  or  administrator  of  a 
deceased  trial  justice  neglects  for  three  months  after  his 
acceptance  of  such  office,  so  to  deposit  in  the  clerk's 
office  the  dockets,  records,  and  other  official  papers  of 
the  deceased  which  come  into  his  hands,  he  shall  forfeit  a 
sum  not  exceeding  five  hundred  dollars. 

Section  5.  Whoever  knowingly  and  wilfully  destroys, 
defaces  or  conceals  the  dockets,  records,  or  other  official 
papers  of  a  trial  justice,  shall  forfeit  a  sum  not  exceeding 
one  thousand  dollars,  and  be  liable  in  damages  to  any 
party  injured  thereby. 

Section  6.  The  several  clerks  before  mentioned  shall 
receive  and  safely  keep  such  dockets,  records,  and  other 
official  papers  of  trial  justices  as  may  be  deposited  in 
their  offices,  and  shall  make  and  certify  copies  thereof, 
for  which  they  shall  be  paid  the  same  fees  as  are  allowed 
them  in  similar  cases,  and  copies  thus  certified  shall  have 
the  same  effect  as  if  certified  by  such  trial  justices. 

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

Approved  April  11,  18S8. 


ChaV.2\2  ^^    ^^'^    "^^    AMEND    AN    ACT    ESTAELISIIIXG    THE     FIRST     WSTRICT 

COURT  OF  NORTHERN  WORCESTER. 


Courts  to  be 
held  as  public 
convenience 
may  require. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  tw^o  hundred  and 
fifteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  is  hereby  amended  by  striking  out  after  the 
words  "  criminal  business"  in  the  second  line  of  said  sec- 
tion the  words,  "  on  Monda^^s,  Wednesdays  and  Fridays 
at  Gardner,  and  Tuesdays,  Thursdays  and  Saturdays  at 
Athol ",  and  inserting  in  the  place  thereof  the  words  :  — 


1888.  —  Chapters  213,  214.  177 

at  Gardner  and  Athol,  or  at  either  of  said  towns  as  public 
convenience  may  require,  —  so  that  said  section  as 
amended  will  read  as  follows  :  —  Section  3.  The  said 
court  shall  be  held  daily  except  on  Sundays  and  legal 
holidays  for  criminal  business  at  Gardner  and  Athol,  or 
at  either  of  said  towns  as  public  convenience  may  re- 
quire ;  and  return  da^'-s  for  writs  in  civil  actions  therein 
sliall  be  at  Gardner  on  the  tirst  and  third  Wednesdays 
and  at  Athol  on  the  second  and  fourth  Thursdays  of  each 
month.  Two  or  more  sessions  of  said  court  may  be  held 
in  either  or  both  of  said  towns  at  the  same  time,  the  fact 
being  stated  upon  the  record.  Said  court  may  adjourn  AdjonmmentB. 
from  one  to  the  other  of  said  towns  whenever  the  public 
convenience  may  seem  to  the  justice  presiding  therein  to 
render  such  adjournment  expedient,  and  when  no  justice 
is  present  the  court  may  be  so  adjourned  by  the  sheriff  of 
Worcester  county  or  either  of  his  deputies. 

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

Approved  April  11,  1888. 


Chap.2l^ 


Ax   Act  to  amend  chapter   one  hundred  and  ninety-six  of 

THE       ACTS     OP     THE     YEAR     EIGHTEEN     HUNDRED    AND    EIGHTY- 
SEVEN,   RELATING   TO   INVESTMENTS   BY   SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  follows  : 

Chapter  one  hundred  and  ninety-six  of  the  acts  of  the  investments  by 
year  eighteen  hundred  and  eighty-seven  is  hereby  amended  isst"!^'!""'^*' 
by  striking  out  the  words  "  eighty  per  cent,  of"  after  the 
words  "  pledge  as  collateral  of  any  of  the  aforesaid  secu- 
rities at  no  more  than  ",  so  that  the  clause  shall  read  as 
amended  :  —  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  the  par  value  thereof. 

Approved  April  11,  1888. 


An  Act  to  establish  the  salary  of   the  clerk  of  the  first  nhriy)  914 

DISTRICT    COURT   OF   NORTHERN   MIDDLESEX.  ^ 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  salary  of  the  clerk  of  the  first  district  s-''^^  ,  , 

1  n/T'iii  1111  •        1  1        Till  cBlablished. 

court  ot  northern  Middlesex  shall  be  six  hundred  dollars 
a  year  from  the  first  day  of  March  in  the  year  eighteen 
hundred  and  eighty- eight. 

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

Approved  April  11,  1888. 


178  .     1888.  —  CuArTERS  215,  216,  217. 


Chap.21i5   ^^   "'^CT   TO   CONFIRM    PROCEEDINGS   OF  THE    ANNUAL    MEETING     OF 

THE   TOWN   OF   REVERE. 

Be  it  enacted^  etc.,  as  follows  : 
Proceedings  at        Section  1.     TliG  proceediiio-s  of   the  annual  meetins^ 

annual  meeting  ^  .  ^ 

conHrmed.  of  the  towii  of  lieverc,  held  on  the  fifth  day  of  iVIarch  in 
the  year  eighteen  hundred  and  eighty-eight,  shall  not  be 
invalid  by  reason  of  an  omission  or  failure  in  the  warrant 
calling  said  meeting  to  state  the  time  for  opening  and 
closing  the  polls,  and  to  state  that  the  names  of  all  officers 
voted  for  should  be  upon  one  ballot,  in  accordance  with 
the  requirements  of  the  by-laws  of  said  town. 

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

Approved  April  11,  188S. 

Ch(ip.2iH)  -'^^     ^^'^     '^^     CHANGE    THE    NAME     OF     THE    INFANT     SCHOOL    AND 

children's   HOME. 

Be  it  enacted,  etc.,  as  folloivs: 

Name  changed  Section  1.  Tlic  Infant  Scliool  and  Children's  Home, 
foi  Destuute  incorporated  by  chapter  one  hundred  and  thirty-five  of 
the  acts  of  the  year  eighteen  hundred  and  thirty-four  and 
chapter  one  hundred  and  thirty-five  of  the  acts  of  the  3'ear 
eighteen  hundred  and  sixty-nine,  shall  be  hereafter  known 
and  called  by  the  name  of  the  Hunt  Asylum  for  Destitute 
Children. 

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

Approved  ApHl  12,  1888. 

Ch07).217   ^^   ^^'^   '^^   incorporate   the    new   ENGLAND    LIVE    STOCK  INSUR- 
ANCE  COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

New  England         Section  1.     Nathaniel  P.  Banks,  George  W.  Burton, 

Insurance  Evcrctt  S.  Litchficld,  Timothy  D.  Baker,  Davis  M.  Gur- 

incoi'polated.      Hcy,   Charlcs  G.  Fitch   and    George   F.  Pinkham,  their 

associates  and  successors,  are  hereby  made  a  corporation 

by  the  name  of  the  New  England  Live  Stock  Insurance 

Company,  for  the  purpose  of  making  insurance  against 

the  loss  of  live  stock  by  death,  with  power  to  carry  out  its 

purpose  in  the  manner,  by  the  plan  and  with  the  methods, 

oflScers  and  agents  to  be  prescribed  in  its  by-laws. 

Powers  and  Section  2.     Said    Corporation    shall    possess    all   the 

duties.  -,  ••]  11  I.  Ill         T- 

powers  and  privileges  and  be  subject  to  all  the  duties, 
liabilities  and  restrictions  set  foith  in  the  general  laws 
which  now  are  or  may  hereafter  be  in  force  relating  to 


1888.  —  Chapter  218.  179 

life  and  casualty  insurance  on  the  assessment  plan,  or  to 
assessment  insurance,  so  far  as  the  same  are  applicable 
thereto,  except  as  hereinafter  provided. 

Section  3.     Said  corporation  shall  not  issue  a  policy  ^'ot  to  i-.-ue  a 
or  certificate   until    its    by-laws    have  been   approved  in  laVs  have'h.un 
writing  by  the  insurance  commissioner,  nor  until  it  has  "I'P'o^^^''^'''^^- 
received  applications  for  insurance  amounting  at  least  to 
forty  thousand  dollars. 

Section  4.     Said  corporation  shall  not  be  sul)ject  to  xottoi.e 
those  provisions  of  the  general  laws  named  in  section  two  uui/pVolM-'ions 
of  this  act  which  require  the  accumulation  of  an  enier-  °^  ^'""s''*'  '"^^■''• 
gency  fund,  or  relate  to  the  form  of  policy  or  certificate, 
the  matter  to  be  printed  therein  or  annexed  thereto,  or 
the  style  of  type  used  thereon. 

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

Approved  April  12,  188S. 


C/I02J.218 


An  Act  to  incorpokate  the  lowell  land  company  in  the 
city  of  lowell. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  James  W.  Bennett,  Francis  Jewett,  T.oweii  La.ui 
Charles  J.  Glidden,  Levi  Sprague,  Charles  I.  Hood,  their  incorpon.tcd. 
associates  and  successors,  are  hereby  made  a  corporation 
for  the  term  of  fifty  years  from  the  date  of  the  passage  of  this 
act,  by  the  name  of  the  Lowell  Land  Company,  for  the  pur- 
pose of  purchasing,  selling,  leasing  and  improving  real 
estate  in  the  city  of  Lowell  and  the  town  of  Chelmsford,  to 
an  amount  not  exceeding  two  hundred  thousand  dolhirs,  and 
performing  such  other  legal  acts  as  may  be  necessary  in  ac- 
complishing said  olijects,  Avith  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  and  applicable  to  such  corporations. 

Section  2.     The  capital  stock  of  said  corporation  shall  _!;','/,'','j|.',,^'.'''''' 
not  exceed  two  hundred  thousand  dollars,  and  shall  be 
divided  into  shares  of  one  hundred  dollars  each  :  provided, 
that  said  corporation  shall  not  transact  any  business  until 
at  least  twenty  thousand  dollars  shall  have  been  paid  in 
in  cash;  and  provided,  furt/ier,  that  no    stock   shall  l)e  siocu  not  to  ue 
issued  until  the  whole  amount  of  said  capital  stock  shall  wh'.'je ('llpuai 
have  been  paid  in  either  in  cash  or  property  ;  the  value  p':";^^,'^""*  '"^'■" 
of  which    property  if  any  shall    be    determined    by  the 
commissioner  of  corporations. 

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

Approved  April  12,  18S8. 


180  1888  — Chapters  219,  220,  221. 


C// '77^.219  -'^^  -'^CT  TO  DEFINE  WHAT  SHALL  BE  DEEMED  TO  BE  INTOXICAT- 
ING LIQUOU  WITHIN  THE  MEANING  OF  CHAPTEK  ONE  HUNDEED 
OF  THE   PUBLIC   STATUTES. 

Be  it  enacted,  etc.,  as  follows : 
Beors  winep,  Section  1.     SectioH  twenty-seveii  of  cliiiptei' one  huii- 

etc,  haviug  •      i  -r>     i  i  •        r~i  •"     i 

more  tiwin  one  clrcd  ot  the  I  iil)lic  Statutes  IS  hereby  amended  by  strik- 
uicohoi.'tobe  iiig  oiit  the  woixl  "three"  in  the  second  line  and 
t^m^Vqaovs'  in.>^el•ting  in  lieu  thereof  the  word:  —  one,  —  so  that  said 
section  shall  read  as  follows  :  —  Section  27.  Ale,  por- 
ter, strong  beer,  lager  beer,  cider,  all  wines,  and  any 
beverage  containing  more  than  one  per  cent,  of  alcohol, 
by  volume,  at  sixty  degrees  Fahrenheit,  as  well  as  dis- 
tilled spirits,  shall  be  deemed  to  be  intoxicating  liquor 
within  the  meaning  of  this  chapter. 

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

Approved  April  12,  1888. 

CJfC(/).220  ^^  ^^"^  '^^  PROVIDE  A  PENALTY  FOR  THE  VIOLATION  OF  THE 
RULES  OR  REGULATIONS  ESTABLISHED  BY  BOARDS  OF  FIRE  ENGIN- 
EERS. 

Be  it  enacted,  etc.,  as  follows  : 

^'''"""-^-  AVhoever  violates  any  rule  or  regulation  established  by 

a  board  of  engineers  under  section  thirty-five  of  chapter 
thirty-tive  of  the  Public  Statutes  shall  forfeit  a  sum  not 
exceeding  twenty  dollars  for  each  offence. 

App)roved  April  12,  ISSS. 


Chrrp.22\ 


An  Act  to  amend  an  act  to  establish  the  office  of  auditor 

IN   TOWNS. 

Be  it  enacted,  etc.,  as  folloivs : 

Townstochoose       Section  1.     Scctioii  ouc  of  chapter  two  hundred  and 
auditors  who      niucty-tive  of  the  acts  of  the  year  eighteen  hundred  and 

Bliall  not  hold  •     \  a.  •       •      ^  ^  ^      ^  ^  ix-ii 

any  othei  town    eight3-six  IS  hereby  amended  so  as  to  read  as  lollows  :  — 
°^'^''"  Every  town    shall   at  its  annual  meeting  choose    one  or 

more  auditors  who  shall  be  sworn  and  shall  not  hold  any 
other  town  office. 
PoweiKand  SECTION  2.     Scctiou  two  of  Said  chapter  two  hundred 

a  id  ninety-tive  is  also  hereby  amended  by  striking  out  the 
words  '"at  all  reasonable  times  "  and  inserting  in  place 
thereof  the  words  :  —  as  often  as  once  a  month,  —  and  l)y 
striking  out  from  said  section  the  "svords  "  as  often  as  they 
may  deem  necessary  ",  so  that  it  shall  read  as  follows  :  — 
Section  2.     It  shall  be  the  duty  of  auditors  chosen  under 


duties. 


18S8.  — Chapter  222.  181 

the  provisions  of  this  act,  or  already  chosen  by  any  town, 
to  examine  the  books  and  accounts  of  all  officers  and 
committees  of  their  respective  towns  entrusted  with  the 
recei]:»t,  custody  or  expenditure  of  money,  and  all  origi- 
nal bills  and  vouchers  on  which  moneys  have  been  or 
may  be  paid  from  the  treasuries  of  their  respective  towns. 
They  shall  have  free  access  to  the  said  books,  accounts,  to  have  free 

J  access  to  bonks, 

bills  and  vouchers,  as  often  as  once  a  month,  and   may  uccounts.eu. 
make  examination  thereof,  but  shall  examine  the  same  ;it 
least  once  a  year,  and  shall  annually  report  in  writing  to 
their  respective  towns  as  to  their  correctness. 

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

Approved  April  12,  18S8. 


Ax  Act  authorizing  the  county  commissioners  of  Middlesex  (7/^f^n.222 

COUNTY    to     erect    AN    ADDITION    TO    THE    REGISTRY   OF    DEEDS 
BUILDING   IN   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  county  commissioners  of  the  county  Cdininis.^ioiiers 
of  Middlesex  are  hereby  authorized  and  required  to  erect  addiuon'iothe 
an  addition  to  the  registry  of  deeds  building  in   Cam-  wlu/ing'i,,"'*'  ^ 
bridge,  for  the   use  of  the  courts  of  probate  and  iiisol-  Cambridge. 
vency  and  for  said  registry  of  deeds,  and  may  borrow,  on 
the  credit  of  said  county,  and  expend  for  such  purpose  a 
sum  not  exceeding  one  hundred  and  twenty-live  thousand 
dollars,  which  sum  shall  be  paid  as  follows  :  namely,  one- 
fifth  out  of  the  taxes  of  the  year  eighteen  hundred  and 
eighty-nine,  and  one-fifth  out  of  the  taxes  of  each  succeed- 
ing year  until  said  loan  is  fully  paid. 

Section  2.     The  commissioners  of  said  county  shall  ,5';;^/;.^  |;;,',"Vact. 
contract  for  the  erection  of  said  addition,  with  the  excep-  wuh  excepu.  n' 

,.      ,  ,.  ,       .  ,  (.  T     ii  ^        L'  ot  fouiulalion, 

tion  of  the  foundation  therefor  and  the  removal  ot  any  etc. 
building  or  buildings  now  standing  on  the  proposed  site 
of  such  addition,  in  accordance  with  section  twenty-two 
of  chapter  twenty-two  of  the  Public  Statutes,  but  may 
make  separate  contracts  for  materials  and  construction  if 
deemed  desirable. 

Section  3.     Upon  the  completion  of  said  addition  the  Personal 
commissioners  shall  return  a  certified  statement  of  their  commi'ssioiiers 
personal  expenses  incurred  in  connection  with  said  work,  to  [he'eJ'.u'ty^^ 
the  board  of  county  examiners,  who  shall  audit  and  certify 
the  same  to  the  treasurer  of  said  county,  who  shall  pay 
them  for  such  expenses  from  the  treasury  of  said  county. 

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

Approved  April  12,  1SS8. 


182  1888.  — Chapter  223. 


C/lCfn.2i23   -^^     •'^^'^     RELATING    TO    THE    TAKING    OF    SCALLOPS    IN    THE    HEAD 

WATERS   OF   buzzard's   BAY. 

Be  it  evaded,  etc.,  as  follows: 
se'ectmcn  of  Section  1.     TliG  Selectmen  of  the  towns  of  Wareham 

Warehiim  and  i     t->  j*       i  i  •,••,• 

Bourne  may       and  lioiime,  respectively,  may  grant  permits  in  Minting 

ii^rsarikuJs! '°  to  take  scallops  from  the  waters  within  the  limits  of  their 
respective  towns  in  such  quantities,  at  such  time  or  times, 
within  one  year,  by  such  methods  and  under  such  regula- 
tions as  may  be  expressed  in  their  permit,  and  they  may 
charge  and  receive  therefor,  in  behalf  of  and  for  the  use 
of  their  said  towns,  respectively,  such  sums  as  they  may 
deem  proper.  But  every  inhabitant  of  either  of  said 
towns  may  without  such  permit  take  scallops  from  the 
waters  of  the  town  in  which  he  is  an  inhabitant,  for  the 
use  of  his  family,  from  the  tirst  day  of  October  to  the  first 
day  of  April,  not  exceeding  in  any  week  three  bushels 
including  the  shells  ;  and  any  inhabitant  of  the  Common- 
wealth may  take  from  the  waters  of  said  town  scallops, 
lor  the  use  of  his  family,  from  the  first  day  of  October  to 
the  first  day  of  April,  not  exceeding  in  any  week  three 
bushels  including  the  shells,  having  first  obtained  a 
permit  so  to  do  from  the  selectmen  of  the  town  in  which 
said  scallops  are  to  be  taken. 

Penalties.  Section  2.     No  pci'soii  shall  take  any  scallops    from 

the  waters  within  either  of  said  towns  without  a  written 
})ermit  from  the  selectmen  thereof,  except  as  provided  in 
the  preceding  section.  Whosoever  violates  the  proAnsions 
of  this  act  shall  be  punished  by  a  fine  of  not  less  than 
twenty  or  more  than  one  hundred  dollars,  or  imprisoned 
in  the  house  of  correction  not  less  than  thirty  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. One-half  of  the  fine  shall  be  paid  to  the  complain- 
ant and  the  other  half  to  the  county  within  which  the 
offence  was  committed. 

oystei  fishery         SECTION  3.     Nothiug  iu  this  act  shall  be  construed  to 

not  aTfcctetl.  ^  ,         t^ 

Private  rinhts  affcct  auy  acts  relating  to  the  oyster  fishery,  or  to  impair 
the  private  rights  of  any  person,  or  in  any  way  to  limit  or 
affect  the  provisions  of  law  for  the  protection  of  fisheries 
other  than  the  scallop  fishery,  or  to  permit  the  taking  of 
scallops  upon  any  oyster  grounds  or  beds  other  than 
public  grounds  or  beds. 

Jurisdiction.  Section  4.     District   courts   and    trial   justices    shall 

have  concurrent  jurisdiction  with  the  superior  court  of  all 
offences  under  this  act. 


1888.  —  CHArTERS  224,  225.  183 

Section  5.     Section  three  of  chapter  two  hundred  and  Repeal. 
twenty  of  the  acts  of  the  year  eighteen    hundred    and 
eighty-tive,  and   all   acts   and  parts   of  acts  inconsistent 
herewith  are  hereby  repealed. 

Approved  April  12,  1888. 


Ckap.224: 


An  Act  to  provide  for  the  removal  of  the  remains  of  the 
dead  from  certain  land  situate  in  the  town  of  chicopee. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  selectmen  of  the  town  of  Chicopee  in  May  remove 
the   county  of  Hampden  are  herel)y  authorized,   at  the  auTrehncr'in^ 
expense  of  parties  interested  in  a  parcel  of  land  situate  in  te^ies! '^'^™^ 
said  town  and  which  was  reserved  in  the  year  seventeen 
hundred  and  ninety-three  by  Daniel  Lamb  for  a  burial 
ground,  to  transfer   from  said  land  all  human  remains 
found  therein  to  any  of  the  public  cemeteries  of  said  town 
to  be  decently  re-interred  therein. 

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

Apiwovi'.d  April  13, 1888. 

An  Act  to  amend  an  act  to   authorize  james  a.  i/amoreux  (JJia7).225 

TO    build     and    maintain    a    wing     dam     on   the     CONNECTICUT 
RIVER  IN   THE   TOWN    OF   SOUTH    HADLEY. 

Be  it  enacted,  etc.,  as  follows  : 

Section   1.     Section  three  of  chapter  three  hundred  (oTx^pohnTt'^ 
and  sixty-eiijht  of  the  acts  of  the  year  eiohteen  hundred  ^hich  water 

1       •     1  •      1  1    '  1  1  •         111  1    ™^y  ^e  flowed 

and  eighty-seven  is  hereby  amended  so  that  it  shall  read  back,  and  to  de- 

as  follows  :  —  Section  3.     The  board  of  harbor  and  land  ofTam!  ^^^ 

commissioners  shall,  upon  the  application  of  said  L'Amo- 

reux,  his  heirs  or  assigns  or  of  said  Glasgow  Company,  or 

of  the  Holyoke  AVater  Power  Company,  and  after  notice 

to  all  said  parties,  proceed  as  soon  as  may  be  to  fix  and 

determine  by  a  permanent  monument  or  bench-mark  the 

point  upon  the  southerly  boundary  line  of  the  premises  of 

said  (llasgow  Company  to  which  in  the  ordinary  volume 

and  run  of  water  in  said  river  the  water  may  be  flowed 

back  without  injury  to  the  water  power,  water  rights  and 

privileges  now  used  and  enjoyed  by  said  Glasgow  C/om- 

pany  and  shall  also,  in  like  manner,  fix  and  determine  the 

height  at  which  said  dam  may  be  built  and  maintained  so 

as  to  ilow  the  water  in  its  ordinary  volume  back  as  high 

and  not  higher  than  said   point ;  and  such  determination 

shall   be  final  and   binding  on  all  of   said  parties,  their 

heirs,    successors    and    assigns    forever :    provided,    that  Proviso. 


184 


1888.  —  Chapters  22G,  227. 


Wojrk  to  be 
commenced 
williiu  two 
years  aud  com- 
pleted within 
three  years. 


notliino:  herein  contained  shall  authorize  the  takins:  of  any 
water  power  or  privileges  already  occupied  or  which  may 
before  the  construction  of  said  dam  have  been  so  occupied 
by  said  Glasgow  Company. 

Sectiox  2.  This  act  shall  take  effect  upon  its  passage, 
but  shall  become  void  unless  work  is  commenced  within 
two  years  and  completed  within  three  years  from  the  date 
of  its  passage. 

Approved  April  13, 1888. 


ChG2).'2i'2.Q  Ax  Act  to  incorporate  the  national  woman  suffrage  asso- 
ciation OF  MASSACHUSETTS. 


National 
Woman  Suf- 
frage Associa- 
tion of  Massa- 
chusetts iucor- 
porated. 


Real  and  per- 
sonal estate. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Harriette  R.  Shattuck,  Salome  Merritt, 
Harriet  H.  Robinson,  Lavina  A.  Hatch,  Dora  Bascom 
Smith,  Lydia  E.  Hutchings,  Lucretia  H.  Jones  and 
Sarah  A.  Rand,  their  associates  and  successors,  are  here- 
by made  a  corporation  by  the  name  of  the  National 
AVoman  Suffrage  Association  of  Massachusetts,  for  the 
purpose  of  working  to  secure  to  women  the  right  to  the 
l)allot  and  to  educate  them  for  the  i)roper  exercise  of  that 
right,  with  all  the  powers  and  |)rivileges  and  su])ject  to  all 
the  duties,  liabilities  and  conditions  set  forth  in  all  general 
laws  which  now  are  or  hereafter  may  be  in  force  and  ap- 
plicable to  such  corporations. 

Section  2.  Stiid  corporation  may  hold  real  and  per- 
sonal estate  to  an  amount  not  exceeding  twenty-five  thou- 
sand dollars. 

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

Approved  April  13,  1888. 


CllCin.'2i2tl   ^^   ^^'^  '^^    ENABLE    THE    NEW    ENGLAND    HISTORIC-GENEALOGICAL 
SOCIETY   TO   HOLD   ADDITIONAL   REAL   AND  PERSONAL   PROPERTY. 

Be  it  enacted,  etc. ,  as  folloivs : 
May  hold  ad-  Section  1.     The  Ncw  Eus^land  Historic-Genealoijical 

ditional  real  and   ^        .  i         i  i  •/•  i  • 

personal  estate.  Socicty  may  take  by  bequest,  giit,  grant,  or  otherwise, 
and  hold,  real  and  personal  estate  not  exceeding  two  hun- 
dred thousand  dollars  in  value  in  addition  to  the  amount 
authorized  by  section  two  of  chapter  one  hundred  and 
fifty-two  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred and  forty-five,  and  by  section  one  of  cha])ter  one 
hundred  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred and  si.xtv-eight,  and  exclusive  of  the  value  of  all 


1888.  —  Chapters  228,  229,  230.  185 

books,  papers,  pictures  and  statuary  now  owned,  or  which 
may  be  hereafter  acquired  by  said  society. 

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

A2:)proved  April  13,  1S88. 

An  Act  to  establish  the  salaky  of  the  sheriff  of  Suffolk  nj.Q^j  99g 

COUXTT. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.     The  salary  of  the  sherifi' of  Suflblk  county  saiaiy  estab. 

lished. 

shall  be  three  thousand  dollars  a  year  from  the  first  day 
of  January,  eighteen  hundred  and  eighty-eight. 

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

Approved  April  13,  1888. 


Chap.22^ 


Ax  Act  to  exable  the  city  of  lyxx,  for  the  purpose  of  pro- 
viding A  NEW  HIGH  school  BUILDIXG,  TO  IXCUR  IXDEIiTEDXESS 
BEYOXD  THE   LIMIT   FIXED    BY   LAW. 

Beit  enacted,  etc.,  as  follows  : 

Section  1.     The  city  of  Lynn,  for  the  purpose  of  pur-  May  incur  in. 
chasing  land  and  erecting  a  high  school  building  in  said  yond  thriegaf 
city,  may  incur  indebtedness  to  an  amount  not  exceeding  |n"^"'h°Jif"^'" 
one  hundred  and  tifty  thousand  dollars  beyond  the  limit  of  ^""^^"^  building. 
indebtedness  fixed  by  law  for  said  city,  and  may  from 
time  to  time  issue  bonds,  notes,  or  scri})  therefor  payable 
in  periods  not  exceeding  twenty  years  from  the  date  of 
issue  ;  but  the  provisions  of  chapter  twenty-nine  of  the 
Public  Statutes  and  of  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  shall  otherwise    apply  to  the  issue   of  such  bonds, 
notes,  or  scrip,  and  to  the  establishment  of  a  sinking  fund 
for  the  pa3'ment  thereof  at  maturity. 

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

Approved  April  16,  1888. 

Ax  Act  rbquirixg  the  cities  of  boston  and  Cambridge  axI)  ni^pj^  9Q() 

THE  BOSTOX   AXD    ALB  AX  Y    RAILROAD    COMPANY    TO    WIDEX    THE  i  *     ' 

DRAWS   IX   CERTAIN   BRIDGES   ACROSS   CHARLES   RIVER. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  cities  of  Boston  and  Cambridge  shall  Draws  to  be 

,„  ,.  ,  /"Ar-i  -1  111    ■"■■'lened  in  Ine 

before  tlie  first  day  of  ^May  in  the  year  eiantecn  hundred  hiKinvay 

1       •     1   ,  .  '    1   •       A  A      ^1  '  •    •  '  X'     1         J  •  bridfrcs  across 

and  eigiity-nme,  subject  to  the  provisions  of  chapter  nine-  charies  River, 
teen  of  the  Puljlic  Statutes,  widen  the  draws  in  the  several 
highway  bridges  across  Charles  river  at  IJrookliiie  street, 


18G 


1888.  — Chapter  231. 


To  have  a  clear 
opening  of  thir- 
ty-six feet  iu 
width. 


Chajj.231 


Trustees  of  the 
city  library  of 
Lowell,  incor- 
porated. 


Real  and  per- 
sonal estate. 


Investments. 


River  street,  "Western  avenue  and  Boylston  street,  so 
called,  and  the  Boston  and  Albany  Railroad  Company 
shall  forthwith,  subject  to  the  provisions  of  said  chapter 
nineteen,  widen  the  draw  in  its  railroad  bridge  across 
said  river  on  the  easterly  side  of  the  aforesai'cl  Brookline 
street  bridge,  so  that  each  of  said  draws  shall  have  a  clear 
opening  of  at  least  thirty-six  feet  in  width. 

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

Approved  April  16,  1888. 

An  Act  to  incorporate  the  trustees  of  the  city  library 

of  lowell. 

Be  it  enacted,  etc.,  as  follows  : 

Sectiox  1 .  The  directors  of  the  city  library  for  the 
time  being  are  herel)y  made  a  corporation  l)y  the  name  of 
the  Trustees  of  the  City  Library  of  Lowell,  for  the  purposes 
hereinafter  set  forth,  with  all  the  powers  and  privileges 
and  su]>iect  to  all  the  duties,  restrictions  and  liabilities  in 
the  general  laws  that  now  are  or  may  hereafter  be  in  force 
relating  to  such  corporations. 

Section  2.  Said  corporation  may  receive  and  hold 
real  and  personal  estate  for  the  benefit  of  the  library  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  but  the 
value  of  the  books  that  are -now  in  the  said  library  or  may 
hereafter  be  added  thereto  shall  not  be  included  in  said 
amount.  Money  received  by  the  said  corporation  shall  be 
invested  under  the  direction  of  the  finance  committee  of 
the  said  city  of  Lowell  by  the  city  treasurer :  provided, 
however,  that  both  the  principal  and  income  thereof  shall 
be  appro[)riated  by  said  corporation  in  conformity  with 
the  terms  upon  which  the  same  shall  be  held,  and  all  the 
securities  of  the  said  corporation  shall  be  in  the  custody 
of  the  said  treasurer. 

Section  3.  The  trustees  of  the  city  library  shall  be 
six  in  number,  including  the  mayor,  who  shall  be  ex  officio 
the  president  of  the  board.  In  the  month  of  December 
next  the  mayor  shall  appoint,  subject  to  the  approval  of 
the  board  of  aldermen,  five  citizens  of  Lowell  to  be  mem- 
bers of  the  board  of  trustees  of  said  library,  one  of  whom 
shall  hold  office  for  five  years,  one  for  four  years,  one  for 
three  years,  oncfor  two  years,  and  one  for  one  year,  and 
they  shall  enter  upon  their  duties  on  the  second  Mon- 
day of  January  next,  when  the  terms  of  office  of  the 
trustees  then  in  office  shall  cease.     And  annually  there- 


1888.  —  Chapter  232.  187 

after,  in  the  month  of  December,  the  mayor  shall  appoint, 
subject  to  the  approval  of  the  board  of  aldermen,  from 
the  citizens  of  Lowell  a  trustee  to  serve  for  the  term  of 
five  years  or  until  his  successor  shall  be  appointed. 
Whenever  a  vacancy  shall  occur  in  said  board  the  same 
shall  be  filled  in  the  manner  aforesaid,  and  the  new  trustee 
shall  hold  office  for  the  residue  of  the  unexpired  term. 
No  memlier  of  said  board  shall  receive  any  pecuniary 
compensation  for  his  services. 

Section  4.     The  members  of  said  board  shall  meet  for  Organization  of 

,-,  -I     ■\r         -I  '        T  •  1     "Oard  ot  trus- 

organization  on  the  second  Monday  in  January  in  each  tees. 
year.  They  shall  have  the  general  care  and  control  of 
the  library,  the  expenditure  of  the  moneys  appropriated 
therefor,  and  may  make  rules  and  regulations  relating  to 
the  library,  its  officers  and  servants,  and  fix  and  enforce 
penalties  for  the  violation  of  the  same. 

Section  5.     The  trusteees  shall,  whenever  there    are  Librarian  and 
vacancies,  appoint  a  librarian  and  such  assistants  as  they 
may  deem  necessary,  and  may  remove  them  and  fix  their 
compensation. 

Section  6.  The  trustees  shall  report  to  the  city  coun-  Trustees  to  re- 
cil  annually,  in  the  month  of  December,  the  receipts  and  ti.e  city  council. 
expenditures  on  account  of  the  library,  the  number  of 
volumes  purchased  during  the  year,  the  total  number  of 
volumes  in  the  li))rary,  the  number  of  volumes  used 
during  the  year,  the  number  of  borrowers  registered  dur- 
ing the  year,  the  number  of  persons  entitled  to  draw 
books  for  home  use,  with  such  other  information  as  they 
may  deem  desirable  to  communicate. 

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

Ajiproved  Aiirii  17,  1888. 
An   Act  to  confirm  the  doings  of  the  Trinitarian  church  nUf^y.  OQO 

IN     NEW     BEDFORD,     AND     TO     AUTHORIZE     IT     TO     HOLD      ADDI-  ^ 

TIONAL   REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  proceedino^s  of  the  Trinitarian  Church  Proceedings 

-ikTT»i/>T'  111  /•  ratified  and  con - 

m  JN'ew  iiedrord,  incorporated  by  chapter  seventeen  ot  firmed. 
the  acts  of  the  year  eighteen  hundred  anil  thirty-two, 
relating  to  the  adoption  of  by-laws  on  the  nineteenth  day 
of  May  in  the  year  eighteen  hundred  and  seventy-three, 
and  the  election  of  officers  and  all  acts  and  doings  of  said 
corporation  and  its  officers  thereunder  are  hereby  ratified 


188  1888.  —  Chapters  233,  23^^,  235,  23G. 

and  confirmed,  any  defects  or  informalities  therein  to  the 
contrary  notwithstanding. 
8^o!raiT8ulenot        Section  2.     The  said  Trinitarian  Church  in  New  Bed- 
$2oo'ooo''  ford  is  hereby  authorized  to  hold,  purchase  and  receive, 

by  gift  or  otherwise,  real  and  personal  estate  to  an  amount 
not  exceeding  two  hundred  thousand  dollars  in  value  for 
the  purposes  named  in  said  act. 

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

Approved  April  17 ^  1888. 

Ohcvp.^Kti^  Ax  Act  to  establish  the  salary  of  the  clerk  of  the  second 

DISTRICT   COURT   OF   EASTERN   MIDDLESEX. 

5e  it  enacted^  etc.,  as  follows : 
Salary  of  clerk.        Section  1.     Tlic    Salary  of  the    clerk  of  the    second 
district  court  of  eastern  Middlesex  shall    be  seven  hun- 
dred dollars  a  year  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  eighty-eight. 

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

Apypjroved  April  17,  1888. 

Chan.234:  ^^  ^^'^  "^^   establish  the  SALARY  OF  THE  JUSTICE   OF   THE  POLICE 

COURT   OF   GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows : 
fusuce."^  Section  1.     The  salary  of  the  justice  of  the  police 

court  of  Gloucester  shall  be  sixteen  hundred  dollars  a 
year  from  the  first  day  of  January  in  the  year  eighteen 
hundred  and  eighty-eight. 

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

Approved  April  17,  1888. 

Ch(ip.2:'d5  ^^   -^^T   "^O   ESTABLISH   THE   SALARY  OF  THE   CLERK  OF  THE   POLICE 

COURT   OF   GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows  : 
Salary  of  clerk.       Section  1.     The  clcrk  of  the  police  court  of  Glouces- 
ter shall  receive  an  annual  salary  of  one  thousand  dolhirs. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

App)roved  April  17,  1888. 

Chap.2,3Q  An  Act  to  amend  an  act  to  supply  the  town  of  marble- 
head  AVITH  WATER. 

Be  it  enacted,  etc.,  as  follows : 

vidrfo"pry?"°'  Section  1.  Section  six  of  chapter  three  hundred  and 
ment  of  water  twcnty-fivc  of  the  acts  of  the  year  eighteen  hundred  and 
payments  iu-      eiglity-six  is  lierel)y  amended  so  as  to  read  as  follows  :  — 


1888.  —  Chapter  237.  189 

S'cfion  6.     The  said  town  instead  of  establishino:  a  sink-  f-\''u:l^^„':fJl!'' 
ing  fund  may,  at  the  time  of  authorizing  said  loan,  pro-  lugfund. 
vide  for  the  [)ayment  thereof  in  annual  payments  of  such 
amounts   as  will  in    the    aggregate  extinguish  the   same 
within  the  time  prescribed  in  this  act.     And  when  such 
vote  has  been  passed  the  amount  required  thereby,  shall 
without  further  vote  be  assessed  by  the  assessors  of  said 
town   in   each  year  thereafter  until  the  debt  incurred  by 
said  loan   shall   be  extinguished,  in  the  same  manner  as 
other  taxes  are  assessed  under  the  provisions  of  section 
thirty-four  of  chapter  eleven  of  the  Public  Statutes. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1S88. 


a>ar. 237 


An  Act  to  incorporate  the  charlemont  rural  club 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     George  E.  Bemis,   Amos  L.  Avery  and  chaiiemont 
Rol)ert  R.  Edwards,  their  associates  and  successors,  are  co"lfoiated.' '"' 
hereby  made  a  corporation   by  the  name  of  The  Charle- 
mont  Rural   Club,  for   the   purpose   of  beautifying   and 
ornamenting  the    public  streets,  highways,  squares    and 
parks,  and  of  acquiring  land  for  and  laying  out  and  im- 
proving new  parks  for  the  use  of  the  public,  in  the  town 
of  Charlemont;  and  said  corporation  shall  have  all  the  powers  and 
powers  and  be  subject  to  all  the  duties,  restrictions  and  f^i^ies. 
lial)ilities  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  applicable  to  such  corporations. 

Section  2.     The  town  of  Charlemont  may  designate  Town  may 
any  of  the  public  grounds  or  open  spaces  in  any  of  its  gromuurc^c.^"" 
streets,  hio-hwavs  or  town  ways  as  not  needed  for  public  which  may  be 

'        p  -         .  ,  .      "^  r^  •      impi'oved  by  the 

travel  and  may  give  the  nnprovement  thereof  to  said  ^^'I'b. 
corporation.  Said  corporation,  having  the  improvement 
of  such  designated  grounds  and  spaces  given  it,  shall 
have  the  use,  care  and  control  thereof,  and  may  grade, 
drain,  curb,  set  out  shade  or  ornamental  trees,  lay  out 
flower  plats  and  otherwise  improve  the  same,  and  may 
protect  their  work  by  suitable  fences  or  railings  ;  subject 
at  all  times  to  such  directions  as  may  be  given  by  the 
selectmen  or  road  commissioners  of  said  town. 

Section  B.     Said  corporation  shall  have  authority  to  noaiandpcr- 
rcceive,  take,  hold  and  invest  any  gifts,  grants,  donations  tC'exceed^^""' 
or  bequests  for  the  uses  and  purposes  of  its  organization,  $io.ooo. 
and  for  these  uses  and  purposes  may  hold  real  and  per- 


190 


1888.— CiiAPTEES  238,  239. 


sonal  estate,  exempt  from  taxation  to  an  amount  not  ex- 
ceeding ten  thousand  dollars. 

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

Approved  April  17,  1888. 


Chap.23S 


An  Act  relating  to  the  taking  of  scallops  in  the  waters 
adjacent  to  the  town  of  nantucket 


Be  it  enacted,  etc.,  asfoUoivs: 
Section  1. 


Scallops  may  be      SECTION  1 .     The  provisious  of  scctiou  one  of  chapter 
during  month  of  ninetj-six  of  the  acts  of  the  year  eighteen  hundred  and 
^s7!96,§i.       eighty-seven  shall  not  be  construed  to  apply  to  scallops 
taken  for  bait  in  the  waters  adjacent  to  the  town  of  Nan- 
tucket during  the  month  of  April. 

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

Approved  April  17,  1888. 


ChniJ  239   -^^    ^^^   ^*-*   provide   for    the   free   instruction   of   DEAF   MUTES 

OR   DEAF    CHILDREN. 


Frpe  instruction 
of  deaf  mutes 
provided  for. 


No  distinction 
to  be  made  on 
account  of 
wealth  or  pov- 
erty of  parents. 


Proviso. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Upon  the  request  of  the  parents  or  guar- 
dians and  with  the  approval  of  the  state  board  of  educa- 
tion, the  governor  may  send  such  deaf  mutes  or  deaf 
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  in  the  state  of  Connec- 
ticut, the  Clarke  Institution  for  Deaf  Mutes  at  Northamp- 
ton, 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  state  board  he  may  make  at  the  expense  of  the 
Commonwealth  such  provision  for  the  care  and  education 
of  children,  who  are  both  deaf  mutes  and  blind,  as  he 
may  deem  expedient.  In  the  exercise  of  the  discretion- 
ary 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 
withdrawn  from  such  institutions  or  schools  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  institutions  or  schools, 
including  all  travelling  expenses  of  such  pupils  attending 
such  institutions  or  schools,  whether  daily  or  otherwise, 
shall  be  paid  by  the  Commonwealth:  jyrovlded,  Jiowiver, 


1888.  —  CiiArTERs  240,  241.  191 

that  nothing  herein  contained  shall  be  held  to  prevent  the 
voluntary  payment  of  the  whole  or  any  part  of  such  sums 
by  the  parents  or  guardians  of  such  pupils. 

Section  2.  Section  sixteen  of  chapter  forty-one  of  Repeal. 
the  Public  Statutes,  and  chapter  two  hundred  and  forty- 
one  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
six,  and  chapter  one  hundred  and  seventy-nine  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-seven,  are  hereby 
repealed. 

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

Approved  April  19,  1888. 

An  Act  to  amend  an  act  to  promote  safety  at  railroad  nhf^ry^  04 q 

GRADE   CROSSINGS.  ^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Chapter  one  hundred  and  seventeen  of  the  commissioners 
acts  of  the  year  eighteen    hundred  and    eighty-three    is  gate8?etc.^, 
hereby  amended  to  read  as  follows  :  —  At  any  point  where  crosIesYigh"'''^ 
a  highway,  townway  or  travelled  place  is  crossed  at  the  way,  etc.,  at 
same  level  by  a  railroad,  the  board  of  railroad  commis- 
sioners may,  after  notice  to  and  hearing  of  the  railroad 
corporation  whose  road  so  crosses,  direct  in  writing  that 
gates  shall  be  erected  across  said  way  or  place,  and  that 
an    agent    be  stationed  to    open    and    close    such   gates 
when  an    engine    or  train  passes,    or  that  a  flagman    be 
stationed  at  the  crossing,  who  shall  display  a  flag  whenever 
an  engine   or  train  passes,  or  that  such  crossing  shall  be 
furnished  with  such  electric  signal  or  signals  as  they  shall 
decide  the  better  security  of  human  life  or  the  convenience 
of  the  public  travel  requires,  and  the  corporation  shall 
comply  with  such  order. 

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

Approved  April  19,  1888. 

An  Act  to  incorporate  the  riverside  water  company.        dm  11  241 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Timothy  M.  Stoughton,  Myron  A.  Ward  oom'^an'^^^'**^'^ 
and  George  L.  Manchester,  their  associates  and  successors,  corpoiated. 
are  hereby  made  a  corporation  by  the  name  of  the  River- 
side Water  Company,  for  the  purpose  of  furnishing  the 
inhabitants  of  the  village  of  Riverside  in  the  town  of  Gill 
with  pure  water,  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes  ;  with  all  the    powers    and 


192 


1888.  —  Chapter  241. 


May  take  water 
of  brooks,  etc., 
iu  town  of  Gill. 


May  erect 
structures  and 
make  excava- 
tions. 


May  lay  down 
conduits,  pipes 
and  other 
works. 


May  dig  up 
laiuiB  under 
direction  of  the 
selectmen. 


To  cause  to  be 
recorded  in  the 
regifitry  of 
deeds  a  descrip- 
tion of  the  laud 
taken. 


Liability  for 
damages. 


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 
Avater  of  any  springs  or  brooks  on  the  farm  known  as  the 
Allen  farm ;  and  on  the  farm  and  lands  of  Timothy  M. 
Stoughton  ;  also  from  the  stream  called  Fall  river ;  also 
from  the  small  pond  near  the  Connecticut  river  called  the 
Lilh'  pond,  and  also  from  the  Connecticut  river,  all  in 
the  town  of  Gill,  and  said  corporation  shall  include  the 
large  spring,  the  source  of  the  present  supply  of  water, 
called  the  Heal  All  spring,  in  its  supply  for  domestic 
purposes,  and  the  water  rights  connected  with  any  such 
water  sources,  and  any  water  procured  from  any  other 
source  under  the  authority  of  this  act,  and  also  all  lands, 
rights  of  way  and  easements  necessary  for  holding  and 
preserving  such  water  and  for  conveying  the  same  to  any 
part  of  Riverside  ;  and  may  erect  on  the  land  thus  taken 
or  held,  proper  dams,  buildings,  iixtures  and  other  struct- 
ures, and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances 
as  may  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  etfective  water  works  ;  and  may  construct 
and  lay  down  conduits,  pipes  and  other  works,  under  or 
over  any  lands,  water  courses,  public  or  private  ways  and 
along  any  such  ways  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same  ;  and  for  the  purposes  of  construct- 
ing, maintaining  and  repairing  such  conduits,  pipes  and 
other  works,  and  for  all  purposes  of  this  act,  said  corpo- 
ration may  dig  up  any  such  lands  and  under  the  direction 
of  the  selectmen  of  said  Gill  may  enter  upon  and  dig  up 
any  such  ways  in  such  manner  as  to  cause  the  least  hin- 
drance to  public  travel  on  such  ways. 

►Section  3.  The  said  corporation  shall,  within  sixty 
days  after  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements,  as  aforesaid,  other- 
wise than  by  purchase,  cause  to  be  recorded  in  the  regis- 
try of  deeds  for  the  county  of  Franklin  a  description 
thereof  sufficiently  accurate  for  identification,  Avith  a  state- 
ment of  the  purposes  for  which  the  same  Avere  taken,  signed 
by  the  president  of  the  corporation. 

Section  4.  The  said  corporation  shall  pay  all  damages 
sustained  by  any  person  or  corporation  in  property  by  the 


1888.  —  Chapter  241.  193 

taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement,  or  any  other  thing  done  by  said 
corporation  under  the  authority  of  this  act.  Any  corpora- 
tion or  i:)erson  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  b}^  law  when  land  is 
taken  for  highways,  on  application  at  any  time  within  the 
period  of  three  years  from  the  taking  of  such  land  or  other 
property,  or  the  doing  of  other  injury  under  the  authority 
of  this  act ;  but  no  such  application  shall  be  made  after  the 
expiration  of  said  three  years.  No  application  for  assess-  No  application 
ment  of  damages  shall  be  made  for  the  taking  of  any  water,  dama^s'^unui'^ 
water  rights,  or  for  any  injury  thereto,  until  the  water  is  Withdrawn """^ 
actually  withdrawn  or  diverted  by  said  corporation  under 
the  authority  of  this  act. 

Section  5.     The  said  corporation  may  distribute  the  May  distribute 
water  through  the  village  of  liiverside  in  Gill,  may  regu-  Tinlge'cf  mv^r- 
late  the  use  of  said  water,  and  fix  and  collect  rates  to  be  gj  anTcoiTec't  1 
paid  for  the  use  of  the  same;  and  may  make  such  con-  water  rates. 
tracts  with  the  said  town  or  with  any  fire  district  that  may 
hereafter  be  established  therein,  or  with  any  individual 
or  other  corporation,  to  supply  water  for  the  extinguish- 
ment of  fires  or  for  other  purposes,  as  may  be  mutually 
agreed  upon. 

Section  6.     The  said    corporation  may,  for  the  pur-  Real  estate  not 
poses  set  forth  in  this  act,  hold  real  estate  not  exceeding  $2.3,000! 
in  amount  twenty-five  thousand  dollars ;  and  the  whole  Capital  stocii 
capital  stock  of  said  corporation  shall  not  exceed  twenty-  ^^^  8^*'"«*- 
five  thousand  dollars,  to  be  divided  into  shares  of  the  par 
value  of  one  hundred  dollars  each. 

Section  7.     The    said   corporation   may   issue    bonds  May  issue  bonds 
bearing  interest  at  a  rate  not  exceeding  six  per  cent,  per  mo'l-flale?  ^^ 
annum,  and  secure  the  same  by  a  mortgage  on  its  fran- 
chise and  other  property,  to  an  amount  not  exceeding  its 
capital  stock  actually  paid  in  and  applied  to  the  purposes 
of  its  incorporation. 

Section  8 .     The  said  town  of  Gill  and  any  fire  district  J„°7^n°'g^'" 
that  may  hereafter  be  established  therein  shall  have  the  district  here- 

.1,,  ,.  ,  1  r        '  ^  j.*'ii?  after  established 

right  at  any  time  to  purchase  ot  said  corporation  its  iran-  may  purchase 
chise,  corporate  property,  and  all  its  rights,  powers  and  p^rop'eny^.""*^ 
privileges,  at  a  price  which  may  be  mutually  agreed  upon, 
and  may  have  a  like  right  to  purchase  their  interest  from 
the  mortgagees  after  foreclosure  of  any  mortgage  author- 


194 


1888.  —  Chapter  241. 


Failing  upon  an 
agreement,  com- 
pensation to  1)8 
determined  by 
commiBsioners. 


Right  to  pur- 
chase to  be 
granted  by  a 
two-thirds 
vote. 


Corporation 
may  be  required 
to  give  security 
for  payment  of 
damages  and 
costs. 


ized  by  section  seven  of  this  act ;  and  said  corporation  is 
-authorized  to  make  sale  of  the  same  to  said  town  or  lire 
district.  If  said  corporation  or  said  mortgagees,  as  the 
case  may  be,  and  said  town  or  fire  district,  are  unable  to 
agree,  then  the  compensation  to  be  paid  shall  l)e  deter- 
mined by  three  commissioners,  to  be  appointed  by  the 
superior  court  upon  application  by  said  town  or  fire  dis- 
trict, and  notice  to  the  other  party,  whose  award  when 
accepted  by  said  court  shall  be  binding  on  all  parties.  If 
said  corporation  shall  have  issued  bonds  under  the  provi- 
sions of  section  seven  and  the  mortgage  shall  not  have 
been  foreclosed,  and  the  compensation  to  be  paid  shall  be 
determined  by  commissioners  as  aforesaid,  such  commis- 
sioners shall  find  the  value  of  such  .franchise,  corporate 
property,  rights,  powers  and  privileges,  as  if  the  same 
were  unincuml)ered,  and  the  mortgagees  shall  be  entitled 
to  be  heard  before  such  commissioners  as  to  such  value  ; 
and  if  the  value  so  found  shall  exceed  the  amount  of  such 
mortgage  debt,  said  town  or  fire  district  shall  acquire 
such  franchise,  property,  rights,  powers  and  privileges  b}^ 
paying  said  corporation  such  excess,  and  shall  assume 
said  mortgage  debt ;  but  if  the  value  so  found  should  he 
less  than  the  mortgage  debt  then  said  town  or  fire  district 
shall  acquire  such  franchise,  property,  rights,  powers  and 
privileges  of  said  corporation,  and  also  the  interests  of 
said  mortgagees,  by  paying  said  mortgagees  the  amount 
of  the  value  so  found,  and  such  mortgage  shall  thereby  be 
discharged,  and  said  town  or  fire  district  shall  thereupon 
hold  and  possess  such  franchise  and  all  said  corporate 
property,  rights,  powers  and  privileges  unincumbered  and 
discharged  from  any  trust.  The  right  to  purchase  as 
aforesaid  is  granted  on  condition  that  the  same  be  author- 
ized by  a  two-thirds  vote  of  the  voters  of  said  town  or 
fire  district  present  and  voting  thereon  at  a  meeting  called 
for  that  purpose. 

Sectiox  9.  The  county  commissioners  for  Franklin 
county,  upon  the  application  of  the  owner  of  any  land, 
water  or  water  rights  taken  under  this  act,  shall  require 
said  corporation  to  give  satisfactory  security  for  the  pay- 
ment of  all  damages  and  costs  which  may  be  awarded 
such  owner  for  the  land  or  other  property  so  taken ;  l)at 
previous  to  requiring  such  security  the  county  commis- 
sioners shall,  if  application  therefor  is  made  by  either 
party,  make  an  estimate  of  the  damages  which  may  result 


1888.  —  Chapter  242.  195 

from  such  taking,  and  the  county  commissioners  shall  in 
like  manner  require  further  security  if  at  any  time  the 
security  l)efore  required  appears  to  them  to  have  become 
insufficient ;  and  all  the  right  or  authority  of  said  corpora- 
tion to  enter  upon  or  use  such  land  or  other  propert}", 
except  for  making  surveys,  shall  be  suspended  until  it 
gives  the  security  so  required. 

Sectiox  10      The  said  corporation  may  purchase  from  May  purchase 

j_i  ^       i.  4-  •  1      •       aqueduct  or 

the  owners  any  aqueduct  or  water  pipes  now  used  m  water  pipes 
furnishing  water  in  the  village  of  Riverside,  and  all  the  °o"'»'i"se. 
estate,  property,  rights  and  privileges  in  such  owners. 

Section  11.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for  cor- 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  cUverulgVater 
this  act,  or  injures  any  structure,  work  or  other  property  any°8tiucturel*' 
owned,  held  or  used  by  said  corporation,  under  the  authority 
of  and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  corporation  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  either  of  the  above  wilful  or  wanton  acts, 
shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 

Sectiox  12.     This  act  shall  take  eftect  upon  its  pas-  work  to  be 

1,1  1.  j_ii  T  I'j.   commenced 

sage,   but  unless  work   is   actually  commenced   under  it  within  three 
within  three  years  from  the  date  of  its  passage  all  rights  ^^^^^' 
and  privileges  hereby  granted  shall  at  the  expiration  of 
said  period  cease,  and  the  act  shall  have  no  further  effect. 

Approved  Ap)ril  19,  1888. 

An  Act  to  confirm  the  proceedings  of  the  to\^^  of  ware  v-yt        04.9 

AT    the   annual   state   ELECTION  IN   THE  TEAR    EIGHTEEN    HUN-  ^ 

URED    EIGHTY-SIX,     AND     CERTAIN     PROCEEDINGS     OF     A     CERTAIN 
TOWN   MEETING. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  proceedings  of  the  town  of  Ware  at  Proceedings  at 
the  annual  state  election  in  the  year  eighteen  hundred  and  confirmed. 
eighty-six  and  of  the  annual  town  meeting  of  said  town 
held  on  the  twenty-eighth  day  of  March  in  the  year  eight- 
een hundred  and  eighty-seven,  shall  not  be  invalid  by 
reason  of  any  defects  in  the  warrants  relating  to  said  elec- 
tion and  calling  said  meeting  nor  for  any  foilure  to  notify 
and  warn  the  same  according  to  law,  and  the  proceedings 
of  said  town  at  said  election  and  town  meeting  are  hereby 
made  legal  and  are  ratified  and  confirmed. 

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

Approved  April  19,  1888. 


196  1888.  —  Chapters  243,  244,  245. 


OAftX>.243    -^^    ^"^^"^   ^*^   AUTIIOKIZE   THE   DISTRICT   POLICE    TO    EKTER    AND    EX- 
AMINE  PAWN   SHOPS. 

Be  it  enacted,  etc.,  as  follows: 
may\e^entered       Sectioii  tbirty-five  of  chapter  one  hundred  and  two  of 
and  examined,    the  Public  Statutcs  is  hereby  amended  bv  adding-  after 

at  any  time,  by,  ,  ,  „>,i  it  i  "i 

district  police  the  woi'd  "  them  m  the  second  nne  the  words  :  —  or  any 
district  police  officer,  —  so  that  the  same  as  amended 
shall  read  as  follows,  namely  :  —  Section  35.  The  chief 
of  police  of  a  city  or  the  selectmen  of  a  town,  or  any 
officer  authorized  by  either  of  them,  or  any  district  police 
officer,  may  at  any  time  enter  upon  any  premises  used  by 
a  licensed  pawnl)roker  for  the  purposes  of  his  business, 
ascertain  how  he  conducts  his  business,  and  examine  all 
articles  taken  in  pawn  or  kept  or  stored  in  or  upon  said 
premises,  and  all  books  and  inventories  relating  thereto  ; 
and  every  such  pawnbroker,  his  clerk,  agent,  servant  or 
other  person  in  charge  of  the  premises,  shall  exhibit  to 
such  officer  on  demand  any  or  all  of  such  articles,  books 
and  inventories.  Approved  April  19,  1888. 

ChaV.24i4:  ^^    -^^^    ^^    establish    the    salary    OF    THE     SHERIFF     OF     THE 

COUNTY   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 
Bheri^."^  Section  1.     The  salary  of  the  sherifl'  of  the  county 

of  Worcester  shall  be  twenty-five  hundred  dollars  a  year 
from  the  first  day  of  January  in  the  year  eighteen  hundred 
and  eighty-eight. 

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

Approved  Ap>ril  19,  1888. 

CJlCl7J.2,4i5  "^  ^^^  '^^  INCORPORATE   THE   MAGNOLIA   IMPROVEMENT   COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 
Magnolia im-  Section  1.     Charlcs  P.  Coffiu,  Edward  C.  Richardsou, 

Company,  in-     Chai'lcs  W.  Joncs,  Ware  B.   Gay,  John   J.    Stan  wood, 

corporated.  j.i      •  •    j^  i  i  j.'         i. 

their  associates  and  successors,  are  made  a  corporation  by 
the  name  of  the  Magnolia  Improvement  Company,  with 
the  privileges  and  for  the  purposes  hereinafter  set  forth  ; 
to  have  its  usual  place  of  business  in  the  city  of  Boston, 
with  all  the  powers,  rights  and  privileges,  and  subject  to 
all  the  duties,  limitations  and  restrictions  of  corporations 
subject  to  chapters  one  hundred  and  five  and  one  hundred 
and  six  of  the  Public  Statutes,  and  to  all  general  laws 
which  now  are  or  hereafter  may  be  in  force  in  relation  to 
such  corporations. 


1888.  —  Chapter  245.  197 

Section    2.     Said  corporation  may  acquire,   purchase  May  acquire 
and  hold,  wild  land  and  woodland  in  that  part  of  the  city  woodland !S*^ 
of  Gloucester  called  Magnolia,  bounded  on  the  east  by  oiou^este"/ 
INIussel  point  and  the  land  belonging  to  the  heirs  of  the  caiied  Magnolia. 
late  George  O.  Hovey  deceased,  on  the  north  by  the  main 
road  ])etween  Gloucester  and  Magnolia  and   along   said 
road  to  the  jVIanchester  line,  on  the  west  bj^  said  ]Man- 
chester  line,  from  said  road  to  the  ocean  :  j)^'ovided,  the 
same  does  not  amount  to  more  than  fifty  acres  at  any  one 
time,  also  other  land  to  an  amount  not  exceeding  ten  acres 
at  an}^  one  time.     Said    corporation    may   lease,  sell  or  May  lease  or 
otherwise  dispose  of  any  or  all  of  its  real  estate.     License  ^^^^ '■^-''i-^*^*'*- 
is  hereby  given  to  said  corporation  to  construct  and  main-  May  construct 
tain  a  wharf  or  wharves  from  its  land  into  the  harbor  of  wha^es.**^ 
jNIagnolia,  or  to  purchase  and  reconstruct  any  wharf  or 
wharves   similarly  located,  subject   however   to   the    ap- 
proval   and    determination   of  the  harl)or  and  land  com- 
missioners.    Said  corporation  is  authorized  to  build  on  its  Maybuiid 
land  one  or  more  hotels  but  not  to  carry  on  the  business  aud^pi'easufr 
of  keeping  a  hotel,  and  to  build  and  maintain  other  l)uild-  ^°''''®* 
ings.     It  may  also  build  or  purchase  barges  and  pleasure 
boats,  to  be  used  in  connection  therewith,  and  buy,  hold 
and  sell  such  personal  property  as  the  corporation  may 
deem  necessary.     It  may  in  the  locality  above  described 
lay  out,  alter,  repair  and  construct  streets,  roads,  side- 
walks and  ways,  and  water  the  same  ;  plant  shade  and 
other  trees,  also  lay  drains  and  sewers  and  make  assess- 
ments for  entering,  and  charge  annual  rates  for  the  use  of 
the  same.     But  when  the  directors  of  said  corporation  wish  Laying  out  of 

.J-  streets,  etc. 

to  have  any  street,  road,  side^valk  or  way  laid  out  over  other 
land  than  that  owned  by  said  corporation  they  shall  apply 
to  the  city  council  of  said  city  of  Gloucester,  to  lay  out  the 
same ;  and  said  city  council  may  upon  such  request  lay 
out,  construct  or  alter  any  street,  road,  sidewalk  or  way 
in  said  locality,  in  accordance  with  the  general  provisions 
of  law  and  section  twenty-four  of  chapter  two  hundred 
and  forty-six  of  the  acts  of  the  year  eighteen  hiuidred  and 
seventy-three.     After  such  street,  road,  sidewalk  or  way  Repairs  on 

••  •••  streets 

is  laid  out  as  aforesaid,  said  city  council  may  authorize 
said  corporation  to  construct  or  alter  the  same,  also  to 
make  ordinary  repairs  on  any  such  street,  road,  sidewalk 
or  way  already  in  existence  ;  and  said  city  council  may 
make  any  contract  with  said  corporation  it  sees  fit  as  to  a 
division  of  the  cost  of  construction,  land  damau'cs  and 


198 


1888.  —  Chapter  245. 


Constniction, 
etc.,  to  be  made 
satiafactoi y  to 
the  city  council. 


System  of  sew- 
erage to  be  sub- 
ject to  approval 
of  the  state 
board  of  health. 


May  lay  drains 
and  sewers. 


City  may  pur- 
chase sewerage 
system. 


Corporation 
may  issue 
bonds. 


May  hold  real 
estate  acquired 
by  foreclosure 
of  mortgages, 
etc. 


repairs  between  said  city  and  said  corporation.  And  any 
such  street,  road,  sidewalk  or  way  constructed,  repaired 
or  altered  under  any  agreement  as  aforesaid,  shall  be 
made  and  completed  satisfactor}"  to  said  city  council  or 
any  committee  or  person  as  may  by  it  be  designated. 
And  said  corporation  ma}'  from  time  to  time,  with  the 
permission  of  the  mayor  and  aldermen  of  said  cit}',  enter 
upon  and  dig  up  any  road  or  other  way  for  the  ])urpose 
of  laying  or  repairing  its  sewers  or  drains  :  j^^'ovided,  that 
any  system  of  sewerage  disposal  shall  be  approved  by  a 
majority  of  the  state  board  of  health  before  it  is  carried 
into  operation.  And  said  corporation  may  do  such  other 
acts  and  things  as  are  incidental  to  or  necessary  in  the 
prosecution  of  its  business. 

Section  3.  Said  corporation  for  the  purpose  of  con- 
structing such  sewerage  system  may  lay  its  drains  and 
sewers  through  any  private  lands  situated  in  the  part  of 
the  city  above  described,  Mith  the  right  to  enter  upon  the 
same  and  dig  therein  for  the  purpose  of  making  all  neces- 
sary repairs  and  connections.  Any  person  injured  in 
property  thereby,  and  failing  to  agree  with  said  corpo- 
ration as  to  the  amount  of  damages,  may  have  the  same 
assessed  and  determined  in  the  manner  provided  when 
land  is  taken  for  highways.  The  city  of  Gloucester  shall 
have  the  right  at  any  time  to  purchase  said  sewerage 
system  at  a  price  which  ma}^  be  mutually  agreed  upon 
beween  said  corporation  and  said  city  of  Gloucester ;  and 
the  said  corporation  is  authorized  to  make  sale  of  the  same 
to  said  city.  In  case  said  corporation  and  said  city  are 
unable  to  agree,  then  the  compensation  to  be  paid  shall 
be  determined  by  three  commissioners  to  be  appointed  by 
the  supreme  judicial  court,  upon  application  of  either 
party  and  notice  to  the  other,  whose  award  when  accepted 
by  the  court  shall  be  binding  upon  both  parties. 

Section  4.  The  said  corporation,  for  the  purposes 
set  forth  in  this  act,  may  issue  bonds  to  an  amount  not 
exceeding  its  capital  stock  actually  paid  in  and  applied 
to  the  purposes  of  its  incorporation  and  secure  said 
bonds  and  interest  by  a  mortgage  on  its  franchise,  and 
on  a  part  or  the  whole  of  its  other  property,  real  and 
personal. 

Section  5.  Said  corporation  may  also  hold  real  estate 
acquired  l)y  the  foreclosure  of  any  mortgages  owned  by 
it,  or  b}'  purchase  at  sales  made  under  the  provisions  of 


1888.  — Chapter  246.  199 

any  such  mortgage,  or  upon  judgments  for  debts  due  it, 
or  in  settlements  effected  to  secure  such  debts  ;  but  all 
such  real  estate  shall  be  sold  by  it  within  five  years  after 
the  title  is  vested  in  the  corporation,  in  accordance  with 
the  provisions  in  clause  eight  of  section  twenty  of  chapter 
one  hundred  and  sixteen  of  the  Public  Statutes,  and  of  any 
amendment  thereto. 

Section  6 .     The  capital  stock  of  said  corporation  shall  an^  shires?'^ 
be  two*  hundred  and  fifty  thousand  dollars,  divided  into 
shares  of  twenty-five  dollars  each,  with  li))erty  to  increase 
said  stock  l)y  vote  of  the  corporation  or  of  the  directors, 
when  the  business  requires  an  increase,  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  to  be  paid  in  and 
increased  at  such  times  and  in  such  manner  and  with  and 
subject  to  such  rules,  regulations,  privileges  and  condi- 
tions as  the  directors  may  decide  :  prot'ided,  that  said  cor-  Not  to  begin 
poration  shall  not  begin  the  transaction  of  business  until  $50,000  has 
capital  stock  to  the  amount  of  fifty  thousand  dollars  shall  ^^^°  ^^"*  *°' 
be  subscribed  for  and  paid  in,  either  in  cash  or  in  property, 
to  the  satisfaction  of  the  commissioner  of  corporations  of 
this  Commonwealth  ;  and  no  issue  of  stock  shall  be  made 
greater  than  the  stock  ijaid  in. 

Section  7.     The   shares  of  the  capital  stock  of  said  o/stocr'subje'ct 
corporation  shall  be  assignable  and  transferable  according  e°tabh"hed*by 
to  such  rules  and  reo-ulations  as  the  stockholders  shall  for  thcBtock- 

1  T'T  1T1  1  1  •  holders. 

that  purpose  ordam  and  estal)lish,  and  not  otherwise. 
Section  8.     This  act  shall  take  eftect  upon  its  passage. 

Approved  April  19,  1888. 
An  Act  to  provide  for  extra  clerical  assistance  for  the  (7/«rt7?.24:6 

police   court   of   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  clerk  of  the  police  court  of  Lowell  4't'°7cSli' 
shall  be  allowed  for  extra  clerical  assistance  a  sum  not  assistance. 
exceeding  five  hundred  dollars  in  any  one  year,  upon  his 
certificate  that  the  work  was  actuall}^  performed  and  was 
necessary,  with  the  time  occupied  and  the  names  of  the 
persons  by  whom  the  work  was  performed,  such  sum  to 
be  approved  by  the  county  commissioners  by  a  writing 
signed  by  them  and  to  be  paid  from  the  county  treasury, 
monthly,  to  the  person  or  persons  employed. 

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

Approved  April  10,  1888. 


200 


1888.  —  Chapters  247,  248,  249. 


May  increase 
capital  stock. 


Chap.2l4:7  -^^   ^^^  to    AUTHOKIZE    the    PHOVIDENCE    AST)    WORCESTER    RAIL- 
ROAD  COMPANY   TO   INCREASE   ITS   CAPITAL    STOCK. 

Be  it  enacted^  etc.,  as  folloios : 

Section  1.  The  Providence  and  Worcester  Railroad 
Company  is  hereby  authorized  to  increase  its  capital 
stock  by  adding  thereto  a  sum  not  exceeding  five  hundred 
thousand  dollars  to  be  divided  into  shares  of  one  hundred 
dollars  each.  • 

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

Approved  April  19,  1888. 


ChapMS 


Commitment  of 
certain  children 
to  thie  custody 
of  the  board  of 
lunacy  and 
charity. 
1882,  181,  §  3. 


An   Act   concerning  neglected  children  and  juvenile  of- 
fenders. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Section  three  of  chapter  one  hundred  and 
eighty-one  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred  and  eighty-two  is  hereby  amended  by  adding  at  the 
end  thereof  the  following  :  — provided,  however,  that 
when  it  shall  be  made  to  appear  that  the  place  of  legal 
settlement  of  any  of  such  children  has  not  within  its 
control  any  institution  in  which  they  may  be  lawfully 
maintained,  such  court  or  magistrate  may  commit  such 
children  to  the  custody  of  the  state  board  of  lunacy  and 
charity,  and  the  authority  vested  in  such  overseers  under 
this  section  relative  to  children  who  have  a  known  settle- 
ment may  be  exercised  by  said  state  board,  in  the  same 
manner  and  to  the  same  extent  as  might  have  been  exer- 
cised by  said  overseers,  had  such  children  been  committed 
to  them. 

Section  2.  Sections  forty-nine  and  fifty-one  of  chapter 
eighty-nine  of  the  Public  Statutes,  and  chapter  two  hun- 
dred and  sixty-six  of  the  acts  of  the  year  one  thousand 
eight  hundred  and  eighty-seven,  are  hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  the  first 
day  of  April  of  the  present  year. 

Approved  April  19,  1888. 

Char)'249  ^^  ^^t  to  include  the  town  of  rockport  within  the  judi- 
cial DISTRICT  OF  the  POLICE  COURT  OF  GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rockport  is  hereby  annexed 
to  and  made  a  part  of  the  judicial  district  under  the  juris- 
diction of  the  police  court  of  the  city  of  Gloucester  :  ^j?'o- 


Repeal. 


Rockport  to  be 
part  of  the  judi 
cial  district  of 
police  court  of 
Gloucester. 


1888.  — Chapter  250.  201 

vkled,  hou'ever,  that  nothing  in  this  act  shall  affect  any  Proviso, 
suit  or  other  proceeding  begun  and  pending  at  the  time  of 
its  taking  eft'ect. 

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

Apjrroved  April  19,  1888. 

An  Act  to  authorize  the  boston  and   maine    kailroad   to  />7,/y^  2'tIO 

PURCHASE    THE     FRANCHISES    AND     PROPERTY     OF     THE     EASTERN  "' 

RAILROAD  COMPANY,  AND  THE  EASTERN  RAILROAD  IN  NEW 
HAMPSHIRE,  AND  THE  PORTSMOUTH,  GREAT  FALLS  AND  CONWAY 
RAILROAD. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1 .     The  Boston  and  Maine  Railroad  is  hereby  Boston  and 

j-\        •        1     ,  •  ^  ^  j_i  i/*!'  Maine   Railroad 

authorized  to  acquire   by  purchase  the    road,   franchises  may  purchase 
and  property  of  the  Eastern  Railroad  Company,  on  such  p'rop'erty^ofthe 
terms  as  may  be  agreed  to  by  the  respective  boards  of  foTd  com^'any 
directors  of  said  corporations  and  as  shall  be  approved,  at 
meetings  called  for  the  purpose,  by  the  votes  of  a  major- 
ity in  interest  of  the   stockholders  of  said  Boston  and 
Maine  Railroad,  and  by  the  votes  of  a  majority  in  interest 
of  the  holders  of  the  preferred  stock,  and  of  a  majority  in 
interest   of  the   holders    of  the    common    stock   of  said 
Eastern  Railroad  Company,  and  by  the  board  of  railroad 
commissioners.     After  such  acquisition  and  purchase  from  May  purchase 
said  Eastern  Railroad  Company,  said  Boston  and  Maine  Railroad^™ 
Railroad  is  authorized  to  acquire  by  purchase  the  road,  ^i^.^n^tie 
franchises  and  property  of  the  Eastern  Railroad  in  New  GreaTpans'and 
Hampshire,  and  of  the  Portsmouth,  Great  Falls  and  Con-  conwayRaii- 
way  Railroad,  on  such  terms  as  may  be  agreed  to  by  the 
respective  l)oards  of  directors  of  the  purchasing  and  sell- 
ing corporation,  and  as  shall  be  approved,  at  meetings 
called  for  the  purpose,   by  the  votes  of  a  majority  in 
interest  of  the  stockholders  of  the  purchasing  corporation, 
and  by  the  board  of  railroad  commissioners,  and  by  the 
votes  of  a  majority  in  interest  of  the  stockholders,  other 
than  said  Boston  and  Maine  Railroad,  of  the  selling  cor- 
poration.    For  the  purpose  of  fticilitating  said  purchases  May  increase 
and  the  equitable  adjustment  of  the   interests  of  stock-  "*?'*"' ^*°<'^' 
holders  of  the  purchasing  and  selling  corporations,  and  to 
carry  into  effect  any  agreement  or  agreements  made  as 
hereinbefore  authorized,  the  said  Boston  and  Maine  Rail- 
road may  increase  and  issue  its  capital   stock    to    such 
amount  and  in  such  manner  as  may  be  required  l)y  such 
agreement  or  agreements,  and  as  the  l)oard  of  railroad 


202  1888.  — Chapter  250. 

commissioners  may  determine  to  be  necessary  and  expe- 
Proviso.  dient  to  carry  into  effect  the  provisions  of  this  act :  pro- 

vided, hoicever,  that  if  its  capital  stock,  as  so  increased, 
shall  exceed  the  amonnt  of  the  capital  stock  as  now  exist- 
ing- of  itself  and  the  selling  corporation,  the  dividends 
declared  or  paid  thereon  from  the  time  of  each  pnrchase 
of  the  corporate  franchises  and  property  herein  authorized, 
shall  not  exceed  an  average  often  per  cent,  per  annum  on 
the  amount  of  the  capital  stock  as  now  existing  of  the 
corporations  which  up  to  that  time  have  united  under 
the  provisions  of  this  act,  reckoning  such  average  from 
Preferred  stock,  the  time  of  the  passage  of  this  act.  For  the  purposes 
aforesaid  and  to  carry  into  effect  said  consolidation  agree- 
ments or  any  of  them  and  with  the  approval  of  the  rail- 
road commissioners,  the  said  Boston  and  Maine  Eailroad 
may  make  any  portion  of  its  capital  stock  as  already 
existing  or  as  increased  under  the  authority  of  this  act, 
preferred  stock,  entitled  to  dividends  upon  such  terms  of 
entire  or  partial  preference  as  it  may  determine  ;  and, 
after  having  purchased  the  road,  franchises  and  property 
of  said  Eastern  liailroad  Company,  may  purchase  the 
capital  stock  or  any  part  thereof  of  said  Portsmouth, 
Great  Falls  and  Conway  Railroad,  and  in  payment  there- 
•  for  may  issue,  subject  to  the  approval  of  the  board  of 
railroad  commissioners,  and  sell  its  own  capital  stock,  or 
exchange  the  same  for  the  capital  stock  of  said  Ports- 
mouth, Great  Falls  and  Conway  Railroad.  From  and 
after  each  purchase  of  the  corporate  franchises  and  prop- 
erty herein  authorized,  said  Boston  and  Maine  Railroad 
shall  have  and  enjoy  all  the  privileges  and  franchises 
theretofore  had  and  enjo^^ed  l)y  the  selling  corporation, 
and  shall  be  subject  to  all  its  duties,  deljts  and  lialiilities, 
and  may  assume  the  same  by  guaranty  or  other  appro- 
No  dividend  to  priatc  coutract :  provided,  however,  that  no  dividend  shall 
paidTneMesJof  at  any  time  be  declared  or  paid  by  said  Boston  and  ]Maine 
capitfi^Tock  as  R^iib'oad  in  excess  of  an  average  of  ten  per  cent,  per 
now  existing,  annuui  ou  the  amount  of  the  capital  stock  as  now  existing* 
of  the  Boston  and  ^Nlaine  Railroad  ;  and  the  capital  stock 
as  now  existing  of  any  corporation  or  corporations  that  at 
the  time  of  declaring  such  dividends  have  l)een  purchased 
by  the  said  Boston  and  ^Nlaine  Railroad  under  the  provi- 
sions of  this  act. 
eavfuTbanks^  Sectiox  2.  Saviugs  bauks  and  institutions  for  saviugs 
may,  subject  to  the  provisions  of  article  three  of  section 


1888.  — Chapters  251,  252.  203 

twenty  of  chapter  one  hundred  and  sixteen  of  the  Public 
Statutes,  invest  in  bonds  or  notes  of  said  Boston  and 
Maine  Eailroad,  issued  according  to  laAv,  notwithstanding 
any  mortgages  on  that  part  of  its  raih'oad,  franchises  and 
property  formerl}^  I^elonging  to  the  Eastern  liailroad 
Company,  the  Eastern  Eailroad  in  New  Hampshire,  or 
the  Portsmouth,  Great  Falls  and  Conway  Railroad. 

Section  3.     Whenever  the  purchases  of  the  corporate  certified  copies 
franchises  and  property  authorized  l)y  this  act  shall  be  ing  to'purciiase 
effected,  copies  of  the  votes  of  the  respective  corporations  office  o'/sec?e- 
assenting  to  the    same,   certified   by  the   clerks   of  said ''^'"y  °^  «''^'^- 
respective  corporations,  shall  be  hied  in  the  office  of  the 
secretary  of  state. 

Section  4.     Nothins;  in  this  act  shall  impair  any  rights  Rights  of  the 

,         ^,  •-  ,   ,  ,  .  .  -,     T-,    ^",  Commonwealtn 

or  interest  the  Commonwealth  may  have  m  saul  Jjoston  not  impaired. 
and  ]Maine  Pailroad  and  said  Eastern  Railroad  Company. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  19,  1S88. 

An  Act   to  change  the  name   of  the    commonwealth   safe  (Jfici'n,^5\ 

DEPOSIT   and   trust   COMPANY. 

£e  it  enacted,  etc.,  as  folloivs : 

Section  1.     The   name    of    the    Commonwealth   Safe  Name  changed 
Deposit  and  Trust  Company,  incorporated  by  chapter  one  states  safe  De- 
hundred  and  eighty-eight  of  the  acts  of  the  year  eighteen  Company. 
hundred    and    eighty-seven,    is    hereby    changed   to   the 
United  States  Safe  Deposit  and  Trust  Company. 

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

Approved  April  19,  1888. 

An  Act  consolidating  the  lynn  gas  light  company  and  the.  QliCip.2i5^ 

LYNN    ELECTRIC   LIGHTING   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Lvnn  Gas  Lio-ht  Companv  and  the  May  form  one 

T  ^^^       J.    •        T  '     ^  j.-^  r\  ""  ."^         "  ,  corporation 

L/ynn  Electric   Eigntmg    Lompaii}-   may,  in   accordance  imder  name  of 
with  the  respective  votes  of  said  two  corporations  already  Kfe°ctric'co*m- 
adopted  by  the  stockholders  thereof  representing  more  p'*"^" 
than  two-thirds  of  the  stock  of  each  corporation  respec- 
tively, at  meetings  of  each  corporation  called  for  the  pui- 
pose,  so  far  as  said  votes  now  appear  of  record,  consoli- 
date and  form  one  corporation,  to  be  called  the  Lynn  Gas 
and  Electric  Company  :  provided,  hoicever,  that  no  such 
consolidation  shall  be  valid  without  the  consent  in  Avriting 
of  the  board  of  gas  commissioners. 


204 


1888.  —  Chapter  252. 


May  engage  in 
business  of 
generating  and 
furnishing  elec- 
tricity. 


Powers,  duties 
and  restrictions. 


Capital  stock 
not  to  exceed 
$400,000. 


Subject  to  all 
debts  and  lia- 
bilities of  old 
corporations. 


First  meeting  of 
new  corpora- 
tion. 


Section  2.  Said  consolidated  corporation  is  hereby 
authorized  to  eni>a2e  in  the  business  of  senerating  and 
furnishino-  electricity  in  the  territory  in  which  said  Lynn 
Electric  Lighting  Company  is  now  authorized  by  its  char- 
ter to  make  and  supply  the  same ;  and  to  engage  in  the 
business  of  generating  and  furnishing  gas  in  the  territory 
in  which  said  'Lynn  (ias  Light  Company  is  now  author- 
ized by  its  charter  to  make  and  supply  gas,  and  except  as 
herein  limited  shall  have  all  the  rights  and  enjoy  all  the 
powers,  privileges,  franchises,  licenses,  property  and 
estates  which  at  the  time  of  such  consolidation  may  be 
held  and  enjoyed  by  either  of  said  existing  corporations, 
and  be  subject  to  all  the  duties,  restrictions  and  liabilities 
to  which  either  of  said  existing  corporations  is  now  sub- 
ject, and  to  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  like  corporations  and  to  the 
provisions  of  section  three  of  chapter  one  hundred  and 
five  of  the  Public  Statutes. 

Section  3.  The  capital  stock  of  the  consolidated  or 
new  corporation,  formed  as  aforesaid,  shall  not  upon  such 
consolidation  exceed  the  sum  of  four  hundred  thousand 
dollars  and  shall  be  issued  to  stockholders  of  said  exist- 
ing corporations  upon  such  terms  and  in  such  manner  as 
may  be  provided  by  the  respective  presidents  and  directors 
of  said  two  companies  in  pursuance  of  the  authority  given 
by  the  votes  mentioned  in  section  one.  But  the  capital 
stock  of  said  new  corporation  may  subsequently  be  in- 
creased or  diminished  from  time  to  time,  in  accordance 
with  the  provisions  of  chapter  one  hundred  and  six  of  the 
Public  Statutes. 

Section  4.  Upon  said  consolidation  the  new  corpora- 
tion thereby  formed  shall  be  subject  to  all  the  debts  and 
liabilities  of  each  of  the  old  corporations  :  provided,  how- 
ever, that  said  debts  and  liabilities  shall  be  and  remain  a 
first  lien  upon  all  the  property,  assets  and  franchises  con- 
tributed by  said  corporations  respectively^  to  the  consoli- 
dated or  new  corporation,  so  that  all  the  property,  assets 
and  franchises  of  the  Lynn  Electric  Lighting  Company 
shall  be  liable  for  and  respond  to  the  payment  of  all  its 
debts  and  liabilities  at  the  time  of  such  consolidation  be- 
fore being  liable  for  the  pajnient  of  the  debts  and  liabili- 
ties of  the  Lynn  Gas  Light  Company,  and  vice  versa. 

Section  5.  The  first  meeting  of  the  new  or  consoli- 
dated corporation,  hereby  authorized,  shall  be  called  by 


1888.— Chapter  253.  205 

the  presidents  of  the  two  corporations  of  which  it  is 
formed.  Seven  days'  notice  of  the  time  and  place  of  said 
meeting  shall  be  given  by  publication  in  some  one  news- 
paper published  in  the  city  of  Lynn,  Massachusetts,  to  the 
stockholders  of  said  two  existing  corporations.  At  said  O'sa^ization. 
meeting,  including  any  necessary  or  reasonable  adjourn- 
ment thereof,  an  organization  shall  be  effected  by  the 
adoption  of  by-laws,  the  choice  by  ballot  of  a  clerk,  a 
treasurer  and  not  less  than  three  directors  ;  and  the  officers 
so  chosen  shall  hold  their  offices  until  the  first  annual 
meeting  held  in  pursuance  of  said  by-laws,  and  until  others 
are  chosen  and  qualified  in  their  stead  ;  and  persons  hold- 
ing stock  in  either  of  said  two  corporations  at  the  time 
of  said  first  meeting  shall  be  entitled  to  vote  upon  the 
number  of  shares  of  stock  held  by  them  respectively. 
Upon  such  oro'anization  of  said  new  companv  the  proper  stock  transfers, 

/>T  .1  '~^  f        ^      ^^  i  j.ij."!'  caucellations, 

officers   thereot    shall    cause    sucli    stock   transfers,    sur-  etc.,  to  be  made. 
renders,  exchanges,  and  cancellations  to   be   made,  and 
such  new  certificates  of  stock  to  be  issued,  as  may   be 
required  to  carry  into  effect  the  terms  of  consolidation 
fixed  and  determined  as  aforesaid. 

Section    6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1888. 

An  Act  to  amend  an  act  to  improve  the  civil  service  op  (7^(/x>.253 

THE   commonwealth   AND   THE    CITIES    THEREOP. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1 .  Section  nineteen  of  chapter  three  hundred  fe'^°c^e^?,li'e8"t?' 
and  twenty  of  the  acts  of  the  year  one  thousand  eio;ht  hun-  be  printed  and 
dred  and  eighty-four  is  hereby  amended  to  read  as  fol- 
lows : —  Section  19.  All  rules  established  as  hereinbe- 
fore provided,  and  all  changes  therein,  shall  forthwith  be 
printed  for  distribution  by  said  commissioners,  and  a 
certified  copy  thereof  shall  be  sent  to  the  mayor  of  each 
city  to  which  such  rules  or  changes  therein  relate,  and  the 
same  shall  be  pu]:»lished  in  one  or  more  newspapers,  and 
in  any  such  publication  of  rules  shall  be  specified  the  date, 
not  less  than  sixty  days  subsequent  to  the  date  of  such 
publication,  when  such  rules  shall  go  into  operation,  and 
thereafter  all  appointments  to  office  and  selections  for 
employment  shall  be  made  according  to  said  rules  in  cases 
to  which  said  rules  apply. 

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

Approved  Ax>ril  20,  1888. 


206 


1888.  — Chapters  254,  255. 


Oh(lp.2l54:  ^^  ^^^  '^O  PROHIBIT  THE  SALE  OF  INTOXICATING  LIQUOR  ON 
FAST  DAY,  MEMORIAL  DAY,  THANKSGIVING  DAY  AND  CHRISTMAS 
DAY. 

Be  it  enacted,  etc.,  as  folloivs: 
Sale  of  intoxica-       Sectiox  1.     Aiiv  common  victualler  ha  vino-  a  license  to 

ting  liquors  by  ■•■,     .  •         •  i.  i  .1  n       ^  '  1 

commou  victual-  sell  iiitoxicating  liquors  under  either  oi  the  hrst  three 
on^certaiu  '  "  chisscs  of  scctioii  tcii  of  chapter  one  hundred  of  the  Pub- 
hohdays.  jj^  Statutes,  who  shall  sell,  give  away  or  deliver,  on  the 

licensed  premises,  any  of  such  liquors  on  Fast  day,  or  on 
the  thirtieth  day  of  jNIay,  commonly  called  ISIemorial  da}^, 
or  Thanksgiving  day,  or  on  the  twenty-fifth  day  of  Decem- 
ber, commonly  called  Christmas  day,  or  on  the  twenty- 
sixth  day  of  December  when  the  said  Christmas  day  falls 
upon  Sunday,  shall  be  liable  to  the  penalty  prescribed  in 
section  eighteen  of  chapter  one  hundred  of  the  Public 
Statutes  or  in  acts  in  amendment  thereof. 

Section  2.  Any  innkeeper  having  a  license  to  sell 
intoxicating  liquors  who  shall  on  either  of  the  days  named 
in  the  first  section  of  this  act  sell,  give  away  or  deliver, 
in  his  inn,  any  intoxicating  liquors,  except  to  bona  tide 
guests  or  travellers  sojourning  at  his  inn,  shall  be  liable 
to  the  penalty  above  prescribed. 

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

Ajjproved  April  20,  188S. 


Innkeepers  not 
to  sell  except  to 
bona  fide  guests, 
etc. 


Chap.255 


Appropria- 
tions. 


Employment  in 
state  prison. 


Massachusetts 
reformatory. 


An  Act  making  appropriations  for  carrying  out  the  provi- 
sions OF  THE  ACT  RELATING  TO  THE  EMPLOYMENT  OF  PRISONERS 
IN   THE   PRISONS   OF   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloivs  : 

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  purpose  of 
carrying  out  the  provisions  of  chapter  four  hundred  and 
forty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  relating  to  the  employment  of  prisoners  in 
the  various  prisons  of  the  Commonwealth,  to  wit :  — 

For  carrying  out  so  much  of  the  provisions  of  said 
chapter  as  relates  to  the  employment  of  prisoners  in  the 
state  prison,  a  sum  not  exceeding  two  hundred  and  fifty 
thousand  dollars. 

For  carrying  out  so  much  of  the  provisions  of  said 
chapter  as  relates  to  the  employment  of  prisoners  in  the 


1888.  —  Chapteks  256,  257.  207 

]\lassacliiisetts    reformatory,   a    sum    not   exceeding   fifty 
thousand  dollars. 

For  carryino;  out    so  much  of  the  provisions  of  said  Reformatory 

•'        <5  X  _  ^  prison  for 

chapter  as  relates  to  the  employment  oi  prisoners  in  the  women, 
reformatory  prison    for   women,   a    sum    not   exceeding 
twenty  thousand  dollars. 

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

Approved  April  20,  1888. 

An  Act  concerning  the  printing  and  distribution  of  certain  nj^riY)  2^56 

PUBLIC   DOCUMENTS.  -^' 

Be  it  enacted^  etc..  asfoUotus: 

Sectiox  1.     There  shall    be   printed   annually  fifteen  Additional  re- 
thousand  copies  of  the  report  of  the  secretary  of  the  state  retary°o/thV^°" 
board  of  agriculture  ;  and  twenty-five  thousand  copies  of  a!filfoui°ure  '^etc. 
the  report  of  the  board  of  control  of  the  state  agricultural 
experiment  station. 

Section^  2.     Of  the  reports  of  the  board  of  control  of  Disposition  and 

ji  •       ^J  1  •  ijj'  •  ^     T     f         •      binding  of  re- 

the  state  agricultural  experiment  station  provided  for  in  ports. 
section  one  of  this  chapter,  fifteen  thousand  copies  shall 
be  bound  with  the  reports  of  the  secretary  of  the  state 
board  of  agriculture,  and  eight  thousand  copies  shall  be 
for  the  use  of  the  said  board  of  control. 

Approved  April  24,  1888. 

An  Act  relating  to  the  salaries  of  the  clerks  of  courts  ^j        0ft7 

AND   the    payment   OF   FEES   IN    THE   SUPERIOR   COURT    AND    TPIE  J^' 

supreme   judicial   COURT. 

Be  it  enacted,  etc.,  as  follows : 

Sectiox  1 .     The  annual  salaries  of  the  clerks  of  courts  salaries  of  the 
for  the  counties  hereinafter  mentioned  shall  be  as  follows  :  clfurteforthe 
—  For  the  count}^  of  Barnstable,  one  thousand  dollars;  several  counties 
for  the  county  of  Berkshire,  twenty-eight  hundred  dol- 
lars ;  for  the  county  of  Bristol,  four  thousand  dollars  ;  for 
the  county  of  Essex,  fifty-two  hundred  dollars ;  for  the 
county  of  Franklin,  eighteen  hundred    dollars  ;    for  the 
county    of    Hampden,    thirty-five   hundred    dollars ;    for 
the  county  of  Hampshire,  twenty-three  hundred  dollars ; 
for  the  county  of   Middlesex,  six  thousand  dollars  ;   for 
the  county  of  Nantucket,  six  hundred  dollars  ;    for  the 
county   of  Norfolk,    tAventy-eight   hundred    dollars ;    for 
the  county  of  Plymouth ,  two  thousand  dollars ;  for  the 
county  of  Worcester,  fifty-two  hundred  dollars  ;  for  the 


208 


1888.  — Chapter  257. 


To  be  paid 
monthly. 


To  be  in  full 
compensation 
for  services. 


Fees. 


county  of  Suffolk,  the  clerk  of  the  superior  court  for  civil 
business,  sixty-live  hundred  dollars  ;  for  the  county  of 
Suflblk,  the  clerk  of  the  superior  court  for  criminal  busi- 
ness, six  thousand  dollars.  Said  salaries  shall  be  paid  in 
monthly  instalments  by  the  respective  counties  and  shall 
be  at  the  same  rates  for  any  part  of  a  year. 

Section  2.  All  of  said  annual  salaries  of  clerks  shall 
be  in  full  compensation  for  all  services  performed  by 
them  in  the  civil  or  criminal  courts,  for  the  county  com- 
missioners, or  in  making  any  returns  required  by  law,  or 
in  the  performance  of  any  other  official  duty ;  but  such 
clerical  assistance  as  is  necessary  may  be  allowed  the 
clerks  under  the  provisions  of  section  thirty-three  of 
chapter  one  hundred  and  fifty-nine  of  the  Public  Statutes. 
Section  3.  There  shall  be  paid  to  the  clerk  upon  the 
entry  of  every  suit  in  the  supreme  judicial  and  superior 
courts,  and  upon  the  filing  of  a  petition  to  the  county 
commissioners,  in  the  several  counties,  the  sum  of  three 
dollars,  to  be  in  lieu  of  entry,  clerk's  term  fees,  the  fee 
for  taxing  costs  and  issuing  execution,  now  authorized  by 
law ;  and  no  suit  or  petition  shall  be  entered  by  the  clerk 
until  said  fee  is  paid.  The  fee  of  said  clerks  for  the  entry 
of  an  indictment  or  complaint  in  a  criminal  case  shall  be 
three  dollars,  which  shall  be  in  lieu  of  the  entry  and  all 
other  clerks'  fees  now  authorized  by  law. 
cierkstokeepij  Section  4.  Eacli  clcrk  of  the  courts  in  the  several 
wwch^ees  shall  couutics  and  iu  the  county  of  Suffolk  the  clerk  of  the 
be  entered,  etc.  gupi-eme  judicial  court,  the  clerk  of  the  superior  court  for 
civil  business,  and  the  clerk  of  the  superior  court  for 
criminal  business,  shall  keep  a  cash  book,  which  shall  be 
county  property  and  be  and  remain  a  part  of  the  records 
of  the  courts,  in  which  shall  be  kept  accounts  of  all  fees 
received  by  them  for  their  official  acts  and  services,  in- 
cluding fees  for  copies  which  they  are  not  required  by 
law  to  furnish,  fees  and  moneys  in  proceedings  relating  to 
naturalization  or  for  naturalization  certificates,  and  all 
fees  and  moneys  of  whatever  description  or  character 
received  by  them,  or  by  any  assistant  or  other  person  in 
their  offices  or  employment,  for  any  acts  done  or  services 
rendered  in  connection  with  their  said  oflSces,  and  the 
said  clerks  shall  on  the  first  day  of  each  month  pay  over 
to  the  treasurer  of  the  county,  or  other  officer  entitled  to 
receive  the  same,  all  fees  received  during  the  preceding 
month,  and  shall  render  an  account  on  oath  of  the  same 


1888.  — Chapter  258.  209 

to  the  treasurer  or  other  officer  entitled  to  receive  the 
same ;  and  the  first  account  so  rendered  and  payment  so 
made,  after  this  act  takes  effect,  shall  include  all  fees 
received  from  the  first  day  of  January  to  the  first  day  of 
July  of  the  current  year  which  are  payable  to  the  counties. 

feECTiox  5.  The  fee  for  admission  to  the  bar  shall  be  Feeforadmis- 
five  dollars,  and  the  fee  for  a  rule  to  an  auditor,  master,  etc?'°  ^  **"' 
referee  or  assessor  shall  be  one  dollar. 

Section  6.     In  lieu  of  sending  to  the  treasurer  copies  schedule,  etc., 
of  bills  of  costs,  as  provided  in  section  eight  of  chapter  transmuted  fo 
two  hundred  and  seventeen  of  the  Public  Statutes,  the  ti^e  treasurer. 
clerks,   in   such  form  as  may  be  agreed  upon  between 
themselves  and  the  treasurers,  may  enter  such  costs  on  a 
schedule  or  pay-roll,  which  shall  be  transmitted  to  the 
treasurer,  who  shall  pay  to  the  persons  entitled  to  receive 
the  same  the  amounts  named  therein. 

Section  7.     When  a  judgment  or  decree  is   entered  if  record  of 

.  .  .  .  .  ^  1  I  ,        judgment,  etc., 

ui),  if,  upon  inspection,  it  appears  to  the  court  that  the  win  be  of  un- 

usual  leuffth 

record  of  such  judgment  or  decree,  or  the  record  of  the  additional  fee 
proceedings  in  the  case,  will  be  of  unusual  length,  the  qlured!*^^ 
court  may  in  its  discretion  order  the  prevailing  party  to 
pay  such  sum  additional  to  the  entry  fee  as  may  be  just 
and  equitable. 

Section  8.     The  clerks  of  the  courts  shall  collect  all  f„^^dvan^ce.^"''^ 
fees  in  advance. 

Section  9.  So  much  of  section  twenty-seven  of  chap-  Repeal. 
ter  one  hundred  and  fifty-nine  of  the  Public  Statutes  as 
requires  clerks  of  courts  to  render  an  account  of  their  fees 
to  county  treasurers  on  the  first  Wednesday  of  January 
and  all  acts  and  parts  of  acts  inconsistent  with  this  act, 
are  hereby  repealed. 

Section  10.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  July  in  the  year  eighteen  hundred  and  eighty-eight.  "  ^  ' 

Approved  April  24,  1888. 


Chap.258 


An  Act  to  authorize  the  boston,  wixthrop  and  shore  rail- 
road COMPANY  TO  relocate  PORTIONS  OF  ITS  RAILROAD  IN  THE 
TOWN   OF   WINTHROP. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   Boston,  Winthrop  and   Shore  Rail-  [f.-^^^'andTe. 
road  Company  is  hereby  empowered  to  discontinue  and  lo/'ite  ponions 

1  .  "^^.  .1  1  ,  ,ofU8  road  lu 

abandon  such  portions  of  its  present  railroad  route  and  Wimhrop. 
location  in  the  town  of  Winthrop  and  to  make  such  new 
location  or  locations  of  its  road  in  said  town  or  of  any 


210 


1888.  — Chapter  259. 


Proviso. 


CrosBing  of 
highways,  etc. 
10  be  deter- 
mined by  the 
railroad  com- 
missiouers. 


Recovery  of 
daruagee. 


part  or  parts  thereof  as  may  be  approved  in  writing  by 
the  selectmen  of  said  town,  and,  upon  obtaining  such 
approval  in  writing,  shall  thereupon  tile  with  the  alder- 
men of  the  city  of  Boston  such  new  location  or  locations 
as  herein  authorized,  prepared  and  certified  as  required 
by  section  eighty-nine  of  chapter  one  hundred  and  twelve 
of  the  Public  Statutes,  and  shall  also  simultaneously  file 
with  said  aldermen  such  statements  and  descriptions  in 
writing,  with  such  plans,  as  shall  accurately  show  the 
portions  of  its  railroad  route  and  location  abandoned  as 
herein  authorized,  which  said  filing  shall  be  conclusive 
evidence  of  the  discontinuance  and  abandonment  of  the 
portions  of  said  railroad  route  and  location  so  described 
as  aforesaid  from  and  after  the  date  of  such  filing :  pro- 
vided, that  said  Boston,  A^'inthrop  and  Shore  liailroad 
Company  shall  construct  and  complete  its  road  to  Point 
Shirley  by  its  present  location  or  by  a  new  location  on 
the  west  side  of  Great  Head  on  or  before  the  first  day  of 
June  in  the  year  eighteen  hundred  and  eighty-nine. 

Sectiox  2.  The  manner  in  which  the  railroad  of  said 
company  as  herein  authorized  to  be  relocated  shall  cross 
highways  and  other  ways  shall  in  each  instance  be  deter- 
mined exclusively  by  the  board  of  railroad  commissioners  ; 
and  no  portion  of  said  railroad  shall  be  constructed  across 
navioabJe  or  tide-waters  without  the  consent  in  writino;  of 
the  board  of  harbor  and  land  commissioners,  and  in  such 
manner  as  said  board  shall  prescribe. 

Section  3.  All  persons  sustaining  injury  by  the  re- 
location or  relocations  of  said  railroad  as  herein  authorized 
or  by  the  discontinuance  and  abandonment  of  any  part  or 
parts  of  the  existing  location  of  said  railroad  shall  have 
the  same  rio-hts  and  remedies  for  the  assessment  and 
recovery  of  damages  therefor  as  are  now  provided  by  law 
in  relation  to  damages  occasioned  by  the  laying  out  and 
maintaining  of  railroads. 

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

Approved  April  24,  1888. 


Cha7).25Q  An  Act  to  extend  the  time  for  building  the  horace  mann 

SCHOOLHOUSE. 

Be  it  enacted,  etc.,  as  follows: 
Time  for  build-      SECTION  1.     The  time  limited  in  chapter  two  hundred 
i"i|A'^xt°e°ide'd.     and  one  of  the  acts  of  the  year  eighteen  hundred  and 

eighty-five  for  the  erection  by  the  city  of  Boston  of  a 


1888.  —  Chapter  200.  211 

school  building  for  the  use  of  the  Horace  Mann  School  for 
the  deaf,  on  land  granted  by  tlie  Commonwealth,  is  here- 
by extended  for  the  further  term  of  two  years  from  the 
date  of  the  expiration  of  the  time  fixed  l)y  the  said  act. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1888. 


Chap  260 


An  Act  to  authorize  the  towx  of  w^nthrop  to  construct 

AND   maintain   A   SYSTEM   OF   SEWERAGE. 

Be  it  enacted,  etc.,  as  follows.' 

Section  1.     The    town   of    Winthrop   may,    by    and  towu  may  con- 
through  the  agency  of  such  persons  or  committee  as  it  of  sewerage, 
may  elect  or  appoint,  lay  out,  construct  and  maintain  a  *^  *^' 
system  of  sewerage  and  sewage  disposal  for  such  part  of 
its  territory  as  the  town  may  from  time  to  time  by  vote 
determine,  said  system  of  sewerage  and  sewage  disposal 
having  first  been  approved  by  the  state  board  of  health. 

Section  2.  The  said  town  shall  have  full  power  to  May  take  landB, 
tiike,  by  purchase  or  otherwise,  and  hold  any  lands,  flats,  ofwry.'' "''"* 
rights  of  way  or  easements  necessary  for  the  establishment 
of  said  system,  together  with  the  outlet  for  the  discharge 
of  the  sewage  into  tide-water.  Said  town  shall,  within 
sixty  days  after  the  taking  of  any  lands,  flats,  rights  of 
way  or  easements  otherwise  than  by  purchase,  file  or 
cause  to  be  recorded  in  the  registry  of  deeds  for  Suffolk 
county  a  description  thereof  sufficiently  accurate  for  iden- 
tification, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  the  persons  or  committee 
provided  for  in  section  one. 

Section  3.  The  said  town  shall  pay  all  damages  sus-  Damages  to  be 
tained  by  any  person  or  corporation  in  property  by  the  lo^nP  ^^"^ 
taking  of  any  land,  fiats,  right  of  way  or  easement,  or  by 
any  other  thing  done  by  the  town  under  the  authority  of 
this  act.  Any  person  or  corporation  sustaining  damages 
as  aforesaid  under  this  act,  who  fails  to  agree  with  said 
town  as  to  the  amount  of  damages  sustained,  may  have 
the  damages  assessed  and  determined  in  the  manner  pro- 
vided by  law  when  land  is  taken  for  the  laying  out  of 
town  ways. 

Section  4.     Every  person    oAvning   real   estate    upon  Assessments 
any  street  in  which  any  drain  or  sewer  may  be  laid  under  ^'^''  '^'-*"''""''''"*- 
or  by  virtue  of  this  act,  and  upon  the  line  thereof,  or 
whose  real  estate  may  ])e  benefited  thereby,  shall  pay  to 
said  town  such  sum  as  the    selectmen    may  determine. 


212 


1888.  — Chapter  260. 


Assessments  to 
be  made  by  a 
fixed  uuiform 
rate. 


To  ho  a  lien  on 
real  estate  for 
two  years. 


Town  to  pay 
not  more  than 
one-third  of 
cost. 


Winthrop 
Sewer  Loan 
not  to  exceed 
$30,000. 


Notice  of  any  assessment  shall  l)e  given  in  writing  to  the 
person  to  be  charged,  or  to  his  agent.  Any  person 
aggrieved  by  the  determination  of  a  sum  to  be  paid  by 
him  may  apply  for  a  jury  as  provided  by  chapter  fifty  of 
the  Public  Statutes  relating  to  sewers. 

Section  5.  Assessments  made  by  virtue  of  this  act 
shall  be  made  upon  owners  of  estates  by  a  fixed  uniform 
rate  based  upon  the  estimated  average  cost  of  the  system 
of  sewerage  constructed  under  or  by  virtue  of  this  act, 
according;  to  the  area  of  such  estates  within  one  hundred 
and  twenty-five  feet  of  any  street  or  way  where  a  se^\'er  is 
constructed  ;  but  no  assessment  in  respect  to  any  such 
estate,  which  by  reason  of  its  grade  or  level,  or  for  any 
other  cause,  cannot  be  drained  into  such  sewer,  shall  be 
made,  certified  or  notified  until  such  incapacity  is  re- 
moved. 

Section  6.  Assessments  made  under  preceding  sections 
shall  for  two  years  after  they  are  laid  constitute  a  lien  on 
the  real  estate  assessed,  and  may,  together  with  incidental 
costs  and  expenses,  be  levied  by  sale  of  such  real  estate, 
if  the  assessment  is  not  paid  within  three  months  after  a 
written  demand  for  payment,  made  either  upon  the  person 
assessed  or  upon  his  agent.  Such  sale  shall  be  conducted 
in  like  manner  as  sales  for  the  payment  of  taxes. 

Section  7.  Said  town  may  by  vote  determine  what 
proportion  of  the  cost  of  the  sewerage  system  it  shall 
pay  :  ^^''^ovided,  that  it  shall  not  pay  more  than  one-third 
of  the  whole  cost. 

Section  8.  The  said  town  may,  for  the  purposes  of 
paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue,  from  time  to  time, 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  thirty  thousand  dollars.  Such  bonds,  notes  or 
scrip  shall  bear  on  the  face  thereof  the  words,  Winthrop 
Sewer  Loan,  Act  of  1888,  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  ten  years  from  the  date  of 
issue,  shall  bear  interest  payable  semi-annually,  at  a  rate 
not  exceeding  six  per  cent,  per  annum,  and  shall  be 
signed  by  the  treasurer  and  be  countersigned  by  a  major- 
ity of  the  board  of  selectmen  of  the  town.  The  said  town 
may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper,  at  not  less  than  the  par  value  thereof;  and  said 


1888.  — Chapter  261.  213 

town  shall  annually  raise  by  taxation  the  amount  required 
to  meet  such  interest,  and  the  proportion  of  said  principal 
payable  annually,  less  any  sum  in  the  hands  of  the  treas- 
urer received  from  assessments  under  section  live. 

Section^  9.     The  provisions  of  section  four  of  chapter  Dcut  limit  en- 
twenty-nine  of  the  Public  Statutes  shall  not  apply  to  any  ^'^°^ 
indebtedness  not  exceeding  fifteen  thousand  dollars  which 
may  be  incurred  in  the    construction  of  the   system  of 
sewerage  authorized  by  this  act. 

Section '10.     If  within  one  year  from  the  passage  of  ,^'='^6''"'""'^  "^ 

•{  ^        ,     '^     .  health  raiiy 

this  act  the  to-wn  of  Winthrop  fails  to  construct  and  mam-  order  system 
tain  a  system  of  sewerage  and  sewage  disposal,  for  that  struct.d  if  towa 
part  of  its  territory  included  in  the  sections  known  as  6'^ruct°withiu 
Great  Head  and  Ocean  Spray,  any  ten  resident  owners  of  ^"'^  ^''^'*'■• 
real  estate  of  said  town  may  request  the  state  board  of 
health  to  examine  said  localities ;  and  if  in  the  opinion 
of  said  board  such  system  of  sewerage  is  necessary  for  the 
preservation  of  the  health  of  the  inhabitants  of  said  locali- 
ties, or  either  of  them,  they  shall  order  the  said  town  to 
forthwith  construct  such  system,   and  any  court  having 
jurisdiction  in  equity,  may  upon  the  application  of  said 
board,  or  of  any  ten  owners  of  real  estate  in  said  town, 
by  any  process  or  decree  enforce  the  orders  of  the  said 
board  in  the  premises. 

Section   1 1.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1888. 

An  Act  to  amend  section  one  of  chapter  two  hundred  and  fi]jf.j^  9(^1 

SIXTY-NINE   OF  THE   ACTS   OF   THE   YEAR  EIGHTEEN  HUNDRED   AND  ^  "" 

ErGHTY-SEVEN   RELATING   TO   THE   STATE    BOARD   OF   ARBITRATION 
AND   CONCILIATION. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  one  of  chapter  two  hundred  and  ff^|f,j;^';.*'^''-» 
sixty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  is  hereby  amended  by  striking  out  the  last 
sentence  thereof  and  inseiiing  in  its  place  the  following : 
—  Said  board  may  appoint  and  remove  a  clerk  of  the 
board  who  shall  receive  such  salary  as  may  be  allowed 
by  the  board,  but  not  exceeding  twelve  hundred  dollars 
a  year. 

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

Approved  April  26,  1888. 


214 


18S8.—  Chatters  2G2,  2G3. 


ChCip.2G2  ^'^^    ^^'T     RELATIVE     TO    THE    CONDITIONS     UPON    WHICH    LICENSES 
TO   SELL   INTOXICATING   LIQUORS   MAY  BE   GRANTED. 

Be  it  enacted,  etc. ,  as  folloivs  : 
Intoxicating  Section  1.  All    liceiises  to  Sell  intoxicatino:  liquors  of 

liquors  not  to  be     i/.       ,  iii-ii  !•• 

soM  by  licensed  the  iirst,  secoiid  aiicl  third  classes  named  in  section  ten 
comraoullc'tuai.  of  cliaptcr  OHc  liundrcd  of  the  Public  Statutes  shall  be 
days!"  ^'^''''°°  subject,  iu  addition  to  the  conditions  named  in  section 
nine  of  said  chapter,  to  the  following  further  condition, 
that  the  licensee  who  is  also  licensed  as  a  common  vict- 
ualler shall  not  sell,  give  away  or  deliver,  oh  the  licensed 
premises,  any  intoxicating  liquors  on  the  day  when  any 
national,  state,  municipal  or  annual  town  election  is  held 
in  the  city  or  town  where  such  premises  are  situated. 
The  licensee  who  is  also  licensed  as  an  innholder  shall 
not  on  the  day  of  any  such  election  sell,  give  away  or 
deliver,  in  his  inn,  any  intoxicating  liquors  except  to 
guests  duly  registered. 

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

Approved  April  26,  1888. 


(JJlCtn.2Q3  ^^  ^^^  ^^  RELATION  TO  THE  STATION  OF  THE  NEW  HAVEN 
AND  NORTHAMPTON  RAILROAD  COMPANY  IN  WHATELY,  CALLED 
WHATELY   STATION. 


Railroad  com- 
missioners may 
order  a  staiiou- 
house  to  be 
built  at 
Whately. 


Be  it  enacted.,  etc.,  as  folloivs : 

Section  1.  The  board  of  railroad  commissioners  is 
hereby  authorized,  upon  the  petition  of  twenty  legal 
voters  of  the  town  of  Whately,  after  due  notice  to  the 
Xew  Haven  and  Northampton  Railroad  Company,  or  its 
lessees,  the  New  York,  New  Haven  and  Hartford  Rail- 
road, and  such  hearing  as  said  board  shall  deem  expe- 
dient, if  in  the  judgment  of  said  commissioners  the  duties 
and  obligations  of  said  company  or  the  public  exigency 
require  it,  to  order  the  said  company  to  construct  within 
three  months  from  the  date  of  said  order  and  thereafter 
to  maintain  upon  its  railroad  at  Whately  a  station-house 
reasonably  commodious  and  furnished,  for  the  use  of 
passengers  and  freight  purposes,  and  also  to  stop  at 
Whately,  both  before  and  after  the  erection  of  said  sta- 
tion-house, a  specified  portion  of  its  passenger  trains  ; 
and  if  it  becomes  necessary  for  said  company  in  carry- 
ing out  such  order  to  take  land  without  agreement  with 
the  owner  or  owners  thereof,  it  shall  be  taken  under  the 


feme 
1  Court 


1888.  — Chapter  261.  215 

provisions  of  law  relating  to  the  taking  of  land  for  rail- 
road tracks. 

Section  2,     In  case  of  neglect  or  refusal  of  said  com-  specific  per. 
pany  to  comply  and  fulfil  any  of  the  requirements  of  said  [" 'ms  orthe "^"^ 
order,  a  copy  of  which  shall  be  delivered  by  said  board  ^Im^^^^dh^ 
to  the  president,  or  some  other  officers  of  said  company,  thesup 
within  ten  days  from  its  date,  the  supreme  judicial  court,  Inequity 
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 
liy  said  company  ;  and  for  every  month's  delay  or  refusal 
on  the  part  of  said  company  to  comply  with  and  fulfil  any  peuaity 
of  the  requirements  of  said  order  said  company  shall  for- 
feit and  pay  the  sum  of  five  hundred  dollars,  to  be    re- 
covered   in    an   action    of    tort    to    l)e    brought   by   the 
attorney-general,   or  the  district  attorney  for  the  north- 
western district,  to  the  benefit  of  the  Commonwealth. 

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

Approved  April  26,  1888. 


Ax  Act  in  relation  to  the  officers  of  the  state  prison  at 

BOSTON. 


Ckap.2Q4: 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  officers  of  the  state  prison  at  Boston  omccreofthe 
shall  consist  of  one  warden,  one  deputy  warden,  one  ^tateprison. 
chaplain,  one  physician  and  surgeon,  one  clerk,  one  en- 
gineer, four  turnkeys  and  as  many  watchmen  as  the 
warden,  suljject  to  the  approval  of  the  commissioners  of 
prisons,  may  deem  necessary,  but  shall  not  exceed  forty- 
six  in  number. 

Section  2.  The  warden  of  said  prison  shall  receive  salaries. 
a  salary  of  thirty-five  hundred  dollars  a  year ;  the  chap- 
lain a  salary  of  two  thousand  dollars  a  year  ;  the  physician 
and  surgeon  a  salary  of  one  thousand  dollars  a  year ;  the 
officers  appointed  by  the  warden  shall  receive  such  salaries 
as  may  be  fixed  by  him  subject  to  the  approval  of  the 
commissioners  of  prisons,  but  within  the  limits  herein 
respectivel}'"  set  forth  as  follows,  to  wit: — the  deputy 
warden  not  exceeding  two  thousand  dollars  a  year,  the 
clerk  not  exceeding  two  thousand  dollars  a  year,  the  en- 
gineer not  exceeding  fifteen  hundred  dollars  a  year,  each 
of  the  turnkeys  shall  receive  an  annual  salary  of  twelve 
hundred  dollars,  and  each  of  the  watchmen  shall  receive 


216 


1888.  —  Chaptees  2G5,  2G6. 


No  perquisites 
to  be  allowed. 


Repeal. 


an  annual  salary  to  be  ascertained  as  follows :  —  any 
watchman  who  shall  have  been  in  the  service  of  said  prison 
for  less  than  five  years,  eight  hundred  dollars ;  any 
watchman  who  has  been  in  said  service  for  five  years  and 
less  than  ten  years,  one  thousand  dollars  ;  any  watchman 
who  has  been  in  said  service  for  ten  years,  twelve  hun- 
dred dollars.  But  this  shall  not  apply  to  those  oflScers 
of  the  state  prison  in  service  at  the  date  of  the  passage  of 
this  act  known  as  watchmen  so  far  as  reducing  any  of 
their  salaries  is  concerned.  In  fixing  the  rate  of  compen- 
sation of  the  ofiicers,  as  aforesaid,  previous  service  shall 
be  considered.  No  other  perquisite,  reward  or  emolument 
shall  be  allowed  to  or  received  by  any  of  the  said  officers 
except  that  there  shall  be  allowed  to  the  warden  and 
deputy  warden  sufiicient  house  room  with  fuel  and  lights 
for  themselves  and  their  families. 

Section  3.  Chapter  two  hundred  and  three  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-two  and 
chapter  ninety-five  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-four  and  so  much  of  chapter  three  hun- 
dred and  fifty-live  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  as  is  inconsistent  with  this  act  are  here- 
by repealed. 

Section  4.  This  act  shall  take  efl^ect  upon  the  first  day 
of  April  in  the  year  eighteen  hundred  and  eighty-eight. 

Approved  April  26,  18S8. 

ChCtV  265   ^^    -^^^    ^'-*    AUTHORIZE    THE    BOSTON    HEATING     COMPANY    TO    IN- 
CREASE  ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  Boston  Heating  Company  is  hereby 
authorized  to  increase  its  capital  stock  to  an  amount  not 
exceeding  in  the  whole  two  million  dollars,  at  such  times 
and  in  such  amounts  as  it  may  from  time  to  time  deter- 
mine, such  increase  to  be  made  in  accordance  with  the 
laws  of  this  Commonwealth. 

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

Approved  April  30,  1888. 


' 


May  increase 
capital  slock. 


Chap.2m  An  Act 


Proceedings, 
etc.,  coufirmed. 


TO    CONFIRM    THE    PROCEEDINGS    OF     A    MEETING    OF    THE 
TOWN   OF  HYDE   PARK. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  proceedings  of  the  town  of  Hyde 
Park  at  a  town  meeting  of  said  town  held  on  the  twenty- 
fifth   day   of  April    in   the   year  eighteen   hundred   and 


1888.  —  Chapteks  267,  268.  217 

eighty-eight,  shall  not  be  jnvalid  by  reason  of  any  defect 
in  the  warrant  calling  said  meeting  nor  failure  to  warn 
the  same  according  to  law,  and  notwithstanding  that,  liy 
the  by-hiAvs  of  said  town,  the  annual  town  meeting  for 
ap[)ropriations  shall  be  held  between  the  first  Monday  in 
March  and  the  first  INIonday  in  April  of  each  year.  All 
the  doings  of  said  meeting  are  made  legal,  and  ratified 
and  confirmed. 

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

Approved  Ap7-il  30,  1888. 


Chap.261 


An  Act  to  establish  the  salary  of  the  district  attorney 
for  the  southeastekn  district  and  to  provide  for  the 
appointment  of  a  temporary  assistant  to  the  district  at- 
TORNEY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  salary  of  the  district  attorney  for  the  saiary 
southeastern  district  shall  be  twenty-one  hundred  dollars  '^®'"'^''*  ^ 
a  year  and  at  the  same  rate  for  any  part  of  a  year. 

Section  2.     The  court  may,  for  sufficient  reason,  ap-  cieru  of  district. 
point  the  clerk  of  the  district  attorney  for  said   district  appohneciToact 
to  act  temporarily  as  an  assistant  to  the  district  attorney  au'L^siTtant.''^ 
in  the  performance  of  his  official  duties  ;  the  compensa- 
tion of  such  assistant  and  clerk  shall  be  paid  equally  from 
the  treasury  of  the  counties  of  Norfolk  and  Plymouth  and 
shall  not  exceed  eight  hundred  dollars  in  any  one  year 
and  such  appointment  shall  not  last  beyond  the  term  at 
which  it  is  made. 

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

Approved  April  30,  1888. 

An  Act  to  enlarge  the  powers  of  the  stoughton  fire  dis-  (J/)aj),2QS 

TRICT. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  organization  now  known  as  the  stoughton  Fire 
Stoughton  Fire  District,  established  in  the  town  of  a  iorporaifon. 
Stoughton  in  the  year  eighteen  hundred  and  eighty- 
seven,  with  its  present  metes  and  bounds  is  hereby  made 
a  corporation  and  in  addition  to  the  powers  which  it  now 
has  under  the  general  laws  is  hereby  invested  with  all  the 
rights,  powers  and  privileges  which  by  section  ten  of  chap- 
ter two  hundred  and  forty  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six  are  conferred  upon  the  town  of 
Stoughton,  said  rights,  powers  and  privileges  to  be  held, 


218  1888.  —  Chapter  268. 

enjoyed  and  exercised  in  the  same  manner  and  under  the 

same    provisions,  conditions  and    limitations  whieii    said 

stoughton  section    provides    in    relation   to    said    town.      And    the 

m.-ry^seii°fnm"^  Stougliton  Water  Company  is  hereby  authorized  to  make 

ih-nisuici!"      s^^6  to  said  fire  district  in  like  manner  as  said  section 

authorized  it  to  make  sale  to  said  town. 
Stoughton  Fire        Section  2.     The  Said  fire  district  may  for  the  purpose 
Loan,  of  paying  the  cost  of  said  franchise  and  corporate  i)rop- 

erty,  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 
ao-o-reo-ate  one  hundred  thousand  dollars :  such  l)onds, 
notes  and  scrip  shall  bear  on  their  face  the  words  Stough- 
ton Fire  District  Water  Loan  ;  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  thirty  years  from  the 
date  of  issue  ;  shall  l)ear  interest  payable  semi-annually 
at  a  rate  not  exceeding  six  per  centum  per  annum,  and 
shall  be  signed  by  the  treasurer  of  said  fire  district  and 
countersigned  by  the  water  commissioners  hereinafter 
jirovided  for.  The  said  fire  district  may  sell  such  secu- 
rities at  public  or  private  sale,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act,  at  not  less 
than  par  upon  such  terms  and  conditions  as  it  may  deem 
Sinking  fund,  propcr.  The  said  fire  district  shall  provide,  at  the  time 
of  contracting  said  loan,  for  the  establishment  of  a  sink- 
ing fund,  and  shall  annually  contribute  to  such  fund  a 
sum  sufficient  with  the  accunuilations  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  provide  for  SECTION  3.  The  Said  fire  district  instead  of  establish- 
nuai  proportion-  ing  a  siukiug  fuud  may  at  the  time  of  authorizing  said 
aepajraeuB.  ]q,^^^  providc  for  tlic  payment  thereof  in  such  annual  pro- 
portional 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,  Avithout 
further  vote,  be  assessed  by  the  assessors  of  said  town 
upon  the  property,  real  and  personal,  within  said  fire 
district  in  each  year  thereafter,  until  the  debt  incurred  by 
said  loan  shall  be  extinguished. 
Return  to  state        Sectiox  4.     The  return  required    of  the  assessors  of- 

amount  of  siulj-  ..  r-i  i  c      i 

ing  fund  estab-  gaid  towu  bv  scctiou  umetv-one  of  chapter  eleven  of  the 
Public  Statutes  shall  state  the  amount  of  any  smkmg 
fund  established  under  this  act,  and  if  none  is  established, 


iished,  etc. 


1888.  —  Chapter  2G8.  219 

whether  action  has  been  taken  in  accordance  with  the 
provisions  of  the  preceding  section,  and  the  amounts 
raised  and  applied  thereunder  for  the  current  year. 

Section  5.     The  said  tire  district  shall  raise  annually  To  raise  bj  tax- 
by  taxation  a  sum  which,  with  the  income  derived  from  cfin"'to  pay^cu'! 
the    water  rates,    will    be  sufficient  to    pay   the    current  audituS!'* 
annual  expenses  of  operating  its  water  works,  and   the 
interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  fire  district,  and  to  make  such  contri- 
butions to  the  sinking  fund  and  payments  on  the  princi- 
pal as  may  be  required  under  the  provisions  of  this  act. 
Said  tire  district  is  further  authorized  to  raise  by  taxation  Enlargement 
any  sum  of  money  for  the  purpose  of  enlarging  or  ex-  °^^^°''^*- 
tending   its  water  works,  not  exceeding   three  thousand 
dollars  in  any  one  year. 

Section  6.  Whenever  a  tax  is  duly  voted  by  said  fire  Assessment  of 
district  for  the  purposes  of  this  act,  the  clerk  shall  render  t'o'^e  cinmed  to 
a  certified  copy  of  the  vote  to  the  assessors  of  the  town  stoughton"* 
of  Stoughton,  who  shall  proceed  within  thirty  days  to 
assess  the  same  in  the  same  manner  in  all  respects  as 
other  taxes  in  said  fire  district  are  by  law  required  to  be 
assessed.  The  assessment  shall  be  committed  to  the 
town  collector,  who  shall  collect  said  tax  in  the  same 
manner  as  is  provided  for  the  collection  of  town  taxes, 
and  shall  deposit  the  proceeds  thereof  with  the  treasurer 
of  the  fire  district  for  the  use  and  benefit  of  said  fire  dis- 
trict. Said  fire  district  may  collect  interest  on  taxes 
when  overdue  at  a  rate  not  exceeding  one  per  centum 
per  month,  in  the  same  manner  as  interest  is  authorized 
to  be  collected  on  town  taxes  :  provided,  said  fire  district 
at  the  time  of  voting  to  raise  a  tax  shall  so  determine, 
and  shall  also  fix  a  time  for  payment  thereof. 

Section  7.  The  said  fire  district  shall,  after  its  pur-  Board  of  water 
chase  of  said  franchise  and  corporate  property,  as  pro-  fobTeu^cted" 
vided  in  this  act,  at  a  legal  meeting  called  for  the  purpose 
elect  by  ballot  three  })ersons  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  fire  district  meeting,  to  constitute 
a  board  of  water  commissioners  ;  and  at  each  annual  fire 
district  meeting  thereafter  one  such  commissioner  shall  be 
elected  by  ballot  for  the  term  of  three  years.  All  the 
authority  granted  to  the  said  fire  district  1)y  this  act,  and 
not  otherwise  specifically  provided  for,  shall  be  vested  in 


220 


1888.  —  Chapter  268. 


To  be  trustees 
of  sinking  fund. 


To  make 
annual  report. 


District  may 
determine  by 
vote  the  amount 
of  water  to  be 
taken. 


How  meetings 
may  be  called. 


Authority 
granted  unless 
town,  within 
one  year,  votes 
to  purchase 
franchise  of 
company. 


said  board  of  water  commissioners,  who  shall  be  subject 
however  to  such  instructions,  rules  and  regulations  as 
said  fire  district  may  impose  by  its  vote.  The  said  com- 
missioners 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  the  sinking  fund.  Any  va- 
cancy occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said 
fire  district  at  any  legal  fire  district  meeting  called  for 
the  purpose.  No  money  shall  be  drawn  from  the  district 
treasury  on  account  of  said  water  w^orks  except  by  a 
written  order  of  said  commissioners  or  a  majority  of  them. 
Said  commissioners  shall  annually  make  a  full  report  to 
said  fire  district  in  writing  of  their  doings  and  expendi- 
tures. 

Section  8.  The  said  fire  district  may,  at  a  legal  fire 
district  meeting  called  for  that  purpose,  by  a  vote  of  said 
fire  district,  declare  the  quantity  of  water  it  proposes  to 
take  daily,  and  from  what  source,  and  the  quantity  of 
water  so  declared  shall  be  held  to  be  the  measure  and 
limit  of  the  right  of  said  fire  district  to  take  or  divert  the 
waters  of  such  source  under  this  act. 

Section  9.  The  said  fire  district  may  adopt  by-laws 
prescribing  l)y  whom  and  how  meetings  may  be  called 
and  notified ;  but  meetings  may  also  be  called  in  the 
manner  provided  by  the  general  law  relating  to  fire  dis- 
tricts or  on  application  of  seven  or  more  legal  voters  in 
said  fire  district  by  warrant  from  the  selectmen  of  said 
town  on  such  notice  as  may  be  prescribed  therein.  The 
said  fire  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  ofiicers  not  provided  for  in  this  act  as 
it  may  deem  proper  and  necessary. 

Section  10.  The  authority  to  introduce  a  public 
water  supply  under  the  provisions  of  this  act  is  granted 
on  condition  that  the  town  of  Stoughton  does  not  within 
one  year  from  the  passage  of  this  act  at  a  town  meeting 
called  for  the  purpose,  and  of  such  meetings  not  more 
than  three  shall  be  called  during  the  year,  vote  to  ex- 
ercise its  right  of  purchase  of  the  franchise  of  the  Stough- 
ton Water  Company  in  the  manner  provided  in  chapter 
two  hundred  and  forty  of  the  acts  of  the  year  eighteen 


1888.  — Chaptees  2G9,  270.  221 

hundred  and  eighty-six  ;  and  upon  the  further  condition 
that  the  provisions  of  this  act  are  assented  to  by  said  tire 
district  within  two  years  from  the  passage  of  this  act,  by 
a  two-thirds  vote  of  the  voters  of  said  district  qualitied  to 
vote  in  town  affairs,  present  and  voting  thereon  at  any 
legal  meeting  called  for  that  purpose,  at  which  meeting 
the  check  list  shall  be  used  and  the  voting  shall  be  by  bal- 
lot written  or  printed  yes  or  no  :  provided,  furtlter,  that  Proviso. 
if  before  the  acceptance  by  said  fire  district  of  the  provi- 
sions of  this  act  in  the  manner  hereinbefore  stated  the  said 
town  shall  have  voted  to  exercise  its  right  of  purchase  as 
aforesaid  then  this  act  shall  become  void  and  of  no  effect. 

Section  1 1 .     The  town  of  Stoughton   shall  have  the  Town  may,  at 
right  at  any  time  to  acquire  the  property,  rights,  and  fran-  qufre^franchise 
chise  of  the  Stoughton  Fire  District  upon  the  same  terms  the  aredistna! 
and  provide  for  the  payment  of  the    same  in  the  same 
manner  as  is  provided  in  sections  ten,    eleven,   twelve, 
thirteen,  fourteen  and  fifteen  of  chapter  two  hundred  and 
forty  of  the  acts  of  eighteen  hundred  and  eighty-six  in 
regard  to    the  purchase  by  said  town   of  the   Stoughton 
Water  Company. 

Section  12.     This  act  shall  take  effect  upon  its   pas- 
sage. Approved  April  30,  1888. 

An  Act  to  regulate  the  shootixg  of  black  duck  in  Pltm-  z^/,^^  OfiQ 

OUTH   HARBOR   OR   BAY.  "' 

Be  it  enacted,  etc.,  as  follows: 

Whoever  within  the  limits  of  Plymouth  harbor  or  bay,  shooting  of 
so  called,  including  the  waters  adjacent  to  the  towns  of  piymomh^iTy 
Plymouth,  Kingston  and  Duxbury,  shoots  at  or  kills  a  'eguiated. 
black   duck  by  the   use  of  any  gun  having  a  larger  bore 
than  that  commonly  known  as  number  eight,  or  pursues  a 
black  duck  by  the  use  of  any  boat  or  other  floating  device 
whatever,  shall  be  punished  by  a  fine  of  not  less  than  five 
nor  more  than  twenty  dollars. 

Approved  April  30,  1888. 

An    Act    to    enable    the   first    congregational    society  of  /^/,^^  070 
jamaica  plain  to  make  such  by-laws  as  it  could  make  if  "' 

organized  under  the  general  laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.       The    First    Congregational     Society    of  ^^"y  mate  by- 
Jamaica  Plain  may,  not\\  ithstanding  anything  in  its  char-  izwf  under  the" 
ter  contained,  make  from  time  to  time  all  such  by-laws  as  seueraiiuws, 


222  1888.  — Chapters  271,  272. 

it  could  make  if  organized  under  the  general  laws  relat- 
ing to  like  corporations.  In  case  it  should  by  such  by- 
laws enlarge  its  membership  so  as  to  include  persons  not 
owners  of  pews,  it  may  also  provide  by  l)y-law  that  none 
but  pew  owners  shall  vote  upon  the  making,  repeal  or 
amendment  of  any  by-law  as  to  membership  or  as  to 
method  of  raising  the  church  revenue,  and  that  the  rights 
of  the  pew  owners  in  the  property  owned  by  the  society 
at  date  of  such  enlargement  shall  remain  unaffected 
thereby. 

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

Ap2Jroved  April  30,  1888. 

Char)  271  ^  ^^^  ^^  change  the  name  of  the  manufacturers'  loan 
and  trust  company  and  to  grant  it  additional  powers. 

Be  it  enacted,  etc.,  as  follows: 

Name  changed  SECTION  1 .  The  uamc  of  the  Manufacturers'  Loan  and 
unw  Trust  Trust  Company  of  Holyoke,  incorporated  by  chapter  two 
Company.         huudrcd  aud  twenty-four  of  the  acts  of  the  year  eigliteen 

hundred  and  eighty-seven,  is  hereby  changed  to  ]\Ianufac- 

turers'  Trust  Company. 
May  increase  SECTION    2.     Said  jManufacturcrs'   Trust   Company   is 

capita  stoc  .      j^gj-gj^y  Qutliorizcd  to  increase  its  capital  stock  from  time 

to  time  to  an  amount  not  exceeding  one  million  dollars. 
Real  estate  in  Section  3.     Said  coiporatiou  is  hereby  authorized  to 

"^^  ^'  purchase  and  hold  real   estate   in   the   city   of  Holyoke 

suitable  for  the  transaction  of  its  business  to  an  amount 

not  exceeding  in  value  fifty  thousand  dollars. 
Repeal.  SECTION  4.     Sectiou  sixtecu  of  chapter  two  hundred 

and  twenty-four  of  the  acts  of  the  year  eighteen  hundred 

and  eighty-seven  is  hereby  repealed. 

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

Approved  April  30,  1888. 

C^hnr)  272  ^  ^^^  ^*^  authorize  the  purchase  of  additional  land   for 

-^'  THE    reformatory   PRISON  FOR  WOMEN. 

Be  it  enacted,  etc.,  as  follows: 
Purchase  of  land      SECTION  1.     The  Commissioners  of  prisons  are  hereby 
to?y  plison  fo^r""  authoHzed  to  purchase  and  hold,  in  behalf  of  the  Common- 


women. 


wealth,  for  the  use  of  the  reformatory  prison  for  women, 
a  lot  of  land  lying  on  the  easterly  side  of  the  road  leading 
from  South  Framingham  to  said  prison,  and  on  the  north- 
erly side  of  the  county  road  leading  from  South  Framing- 


1888.  —  Chapters  273,  274.  223 

bam  to  Sherborn,  and  now  owned  by  Ellen  C.  Jobnson 
of  8lierborn  ;  and  they  may  pay  for  said  land  a  sum  not 
exceeding  two  thousand  dollars. 

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

Approved  April  30,  1888. 

An  Act  relating  to  estates  tail.  CI  trrt  97^ 

He  it  enacted,  etc.,  as  follows : 

Section  1.     In  any  limitation  of  real  or  personal  estate  Estates  tan. 
by  deed,  will,  or  other  instrument  in  writing  executed  after 
the  passage  of  this  act,  the  words  "  die  without  issue",  or  construction  of 
"die    without   leaving    issue ",  or    "have    no    issue  ",  or  "'"'''°''°'*^'- 
"  die  without  heirs  of  the  body  ",  or  any  other  words  that 
may  import  either  a  want  or  failure  of  issue  of  any  person 
in  his  lifetime,  or  at  the  time  of  his  death,  or  an  indefinite 
failure  of  his  issue,  shall  be  construed  to  mean  a  want  or 
failure  of  issue  in  the  lifetime  or  at  the  time  of  the  death 
of  such  person,  and  not  an  indefinite  failure  of  his  issue, 
unless  a  contrary  intention  shall  clearly  appear   by  the 
instrument  containing  such  limitation. 

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

Approved  April  30,  1888. 


Chap.274: 


An  Act  to  establish  the  salaries  of  the  justices  of  the 
supreme  judicial  court  and  of  the  justices  of  the  sufe- 
rior  court. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     From  and  after  the  first  day  of  January  salaries,  etc.,  of 
in  the  year  eighteen  and  eighty-eight,  there  shall  be  paid  iupJeA^efumdai 
out  of  the  treasury  of  the   Commonwealth,  to  the  chief  ''""''^• 
justice  of  the  supreme  judicial  court,  an  annual  salary  of 
sixty-five  hundred  dollars,  and  also  five  hundred  dollars 
annually  in  full   compensation    for   travelling   expenses ; 
and  to  each  of  the  associate  justices  of  said    court,    an 
annual  salary  of  six  thousand  dollars,  and  also  five  hun- 
dred dollars  each  annually  in  full  compensation  for  travel- 
ling expenses. 

Section  2.     From  and  after  the  first  day  of  January  sninries,  etc.,  of 
in   the   ^^ear "  eighteen    hundred    and    eighty-eight,    there  supedor"iom*i. 
shall  be  paid  out  of  the  treasury  of  the  Commonwealth, 
to  the  chief  justice  of  the  superior  court,  an  annual  salary 
of  five  thousand  five  hundred  dollars,  and  also  five  hun- 
dred dollars  annually  in  full  compensation  for  travelling 


224  1888.  —  Chapters  275,  276. 

expenses ;  and  to  each  of  the  associate  justices  of  said 
court,  an  annual  salary  of  five  thousand  dollars,  and  also 
five  hundred  dollars  each  annually  in  full  compensation 
for  travelling  expenses. 
^®P^"'-  Sectiox  3.     Section  thirty-nine  of  chapter  one  hundred 

and  fifty  of  the  Public  Statutes,  and  chapter  two  hundred 
and  five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-two  are  hereby  repealed. 

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

Approved  April  30,  1888. 

Chav  275  ^^  ^^^  relating  to  the  report  of  the  controller  of  the 

ACCOUNTS   of   county   OFFICERS,   OFFICERS    OF    INFERIOR    COURTS 
AND   TRIAL  JUSTICES. 

Be  it  enacted,  etc.,  as  folloivs  : 

R'^portof^he  Section  1.      The  controller  of  the  accounts  of  county 

accounts  of  officcrs,  officci's  of  inferior  courts  and  trial  justices  shall, 
county  o  cers,  -^  j^.^  annual  I'cport,  required  by  law  to  be  made  to 
the  general  court,  give  such  statements,  facts  and  ex- 
planations, and  make  such  suggestions  and  recommenda- 
tions to  the  general  court  as,  in  his  judgment,  will  tend  to 
a  simple,  uniform  and  economical  method  of  accounting 
for  public  funds. 
To  be  one  of  Sectiox  2.     Tlic  annual   report   of  the    controller   is 

documents.        made  oiic  of  the  series  of  public  documents  and  one  thou- 
sand copies  shall  be  annually  printed. 

Approved  April  30,  1888. 

ChCLT)  276   ^"^  ^^^  ^*^   LIMIT   THE    TIME   WITHIN   WHICH    TROUT,   LANDLOCKED 
SALMON  AND  LAKE  TROUT  MAY  BE  TAKEN  IN  BERKSHIRE  COUNTY. 

Be  it  enacted,  etc.,  as  follows  : 
Certain  fisheries      Sectiox  1.     Chapter  onc  hundred  and  seventy-one  of 

regulated  in  /.i  .i  ^  t        t  I'l/. 

Berkshire         the  acts  ot  the  year  eighteen  hundred  and  eighty-four  is 
coun  y.  hereby  amended  by  adding  at  the  end  of  the  first  section 

the  words  :  —  except  in  the  county  of  Berkshire,  when 
such  time  shall  be  between  the  first  day  of  August  and  the 
first  day  of  May,  —  so  that  the  section  as  amended  shall 
read  as  follows:  —  Section  1.  The  time  within  which 
any  person  is  forbidden  to  take,  sell,  offer  or  expose  for 
sale  or  to  have  in  his  possession  a  trout,  landlocked 
salmon,  or  lake  trout,  by  sections  fifty-one  and  fifty-three 
of  chapter  ninety-one  of  the  Public  Statutes,  shall  l)e  be- 
tween the  first  day  of  September  and  the    first  day   of 


1888.  —  Chapters  277,  278.  225 

April,  except  in  the  county  of  Berkshire,  when  such  time 
shall  1)6  between  the  first  day  of  August  and  the  first  day 
of  May. 

Section    2.     This  act  shall  take  eifect  upon  the  first  to  take  effect 

'■  August  1,  188S. 

day  of  August  next.  Approved  April  30,  1888. 

An  Act  relating  to  costs  on  search  avarrants  issued  under  Hhr,^  077 

THE   LIQUOR   LAAVS.  ^ 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  In  all  cases  arising  under  chapter  one  costs  on  search 
hundred  of  the  Public  Statutes,  and  acts  in  amendment  tIe'i?quor"ia^^'. 
thereof,  and  under  chapter  one  hundred  and  one  of  the 
Public  Statutes  relating  to  the  keeping  or  maintaining  a 
building,  place  or  tenement  used  for  the  illegal  keeping 
or  sale  of  intoxicating  liquor,  and  acts  in  amendment 
thereof,  where  the  evidence  has  l»een  obtained  wholly 
or  in  part  on  a  search  warrant,  and  the  defendant  is  the 
party  named  in  said  search  warrant  as  keeper,  ten  dollars 
for  the  costs  on  such  search  warrant  and  the  fees  allowed 
by  law  for  anal3"sis,  if  any,  shall  ])e  taxed  as  costs  against 
such  defendant  in  addition  to  the  costs  now  allowed  hy 
law ;  but  no  person  who  has  been  held  liable  under  this 
act  shall  be  liable  under  section  forty  of  chapter  one  hun- 
dred of  the  Public  Statutes,  except  for  the  excess  of  costs 
over  such  sums. 

Section  2.  This  act  shall  not  apply  to  any  cases  now  Not  to  apply  to 
pending  in  any  court,  or  to  any  cases  where  the  penalty  fng^et"c°''  ''""'" 
has  been  incurred. 

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

Approved  Ajyril  30,  1888. 


Chap.TiS 


An  Act  to  regulate  the  running  of  the  cars  of  one  street 

railway  company  over  the  tracks  of  another. 
Be  it  enacted,  etc.,  as  follotvs : 

Section  1.     Xo  street  railway  company  now  existing  cars  not  to  be 
or  that  may  be  hereafter  incorporated  shall  run  its  cars  ITluothorsneli 
over  or  use  the  tracks  of  another  street  railway  unless  !^l^lhorVedb^^ 
authority  so  to  do  be  approved  by  the  board  of  railroad  tfi«  commis- 

.      .  ...  It-  /•      II  ...  sioners. 

commissioners  after  due  liearing  of  all  parties  in  interest. 

Section  2.     Nothing  herein  <;ontained  shall  afi'ect  the  Existing  rights 
rights  now  existing  of  any  street  railway  company  to  run  '^°^ ''^''^^'■^■ 
over  the  tracks  of  another. 

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

Ajqn-oved  April  30,  1888. 


226  1888.  —  Chaptees  270,  280,  281. 


Chcit).27^  An  Act  to  provide  for  the  widening  of  the  draws  in  the 

TWO    BRIDGES    ACROSS   NEPONSET   RIVER,   KNOWN   AS   THE   NEPON- 
SET   AVENUE   BRIDGE   AND   THE   GRANITE   AVENUE   BRIDGE. 

Be  it  enacted,  etc. ,  as  folloios  : 
Draws  in  Section  1.     The  citv  of  Boston  shall  forthwith,  sub- 

bridgcs  over  ,  .    .  /.      i  .  <•      i         -r^    i  i  • 

Nepouset  river  ject  to  tliG  provisioHs  01  chapter  nineteen  ot  the  I'ublic 
Statutes,  cause  the  draws  in  the  two  bridges  across  the 
Neponset  river  between  said  city  and  the  towns  of  Quincy 
and  Milton  respectively,  known  as  the  Neponset  avenue 
brido;e  and  the  Granite  avenue  bridfre,  to  be  made  at  least 
thirty-six  feet  wide  for  the  passage  of  vessels  ;  and  said 
town  of  Milton  shall  reimburse  said  city  two-thirds  the 
expense  of  widening  the  draw  in  said  Granite  avenue 
bridge. 

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

Approved  April  30,  1888. 

Chan  2t  0  -^^^  -^^"^  relating  to  clerical  assistance  IN  THE  OFFICE  OF  THE 
REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE  COUNTY  OF 
SUFFOLK. 

Be  it  enacted,  etc.,  as  folloios : 
Clerical  aBsist-        Section  1.     ScctioH  OHC  of  chapter  two  hundred  and 
register  of  pro-    fivc  of  tlic  acts  of  the  ycar  eighteen  hundred  and  eighty- 
SuffortTOu" ty.  five  is  hereby  amended  so  as  to  read  as  follows  :  —  Sec- 
tion 1.     If  deemed  necessary  by  the  judge  of  probate  and 
insolvency  for  the  county  of  SutFolk,  the  register  of  said 
county  shall  be  allowed  annually,  commencing  with  the 
first  day   of  January  in  the  year  eighteen  hundred  and 
eighty-eight,  a  sum  not  exceeding  fifteen  hundred  dollars 
for    extra  clerical  assistance    actually  performed,   to    be 
paid  from  the  treasury  of  the  Commonwealth. 

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

Approved  April  30,  1888. 

CTiriT)  2S1    "'^^   ^^"^   ^*-*   CONFIRM  THE  PROCEEDINGS  OF  THE  LAST  ANNUAL  TOWN 
-*    '  MEETING   OF   THE   TOWN   OF  SOUTHAMPTON. 

Be  it  enacted,  etc.,  as  folloios : 
Proceedings  SECTION  1.     The  proceedings  of  the  town  of  South- 

ampton at  the  annual  town  meeting  of  said  town  held 
on  the  nineteenth  day  of  March  in  the  year  eighteen  hun- 
dred and  eighty-eight  shall  not  be  invalid  by  reason  of 
defects  in  the  warrant  calling  said  meeting  nor  for  any 


1888.  —  Chapters  282,  283.  227 

failure  to  notify  and  warn  the  same  according  to  law, 
and  the  jury  list  accepted  liy  said  town  at  said  meet- 
ing is  hereby  made  legal  notwithstanding  the  same  was 
not  posted  the  number  of  days  required  by  law  ;  and 
the  election  of  town  officers  for  the  term  of  office  to  which 
they  were  severally  declared  to  have  been  elected  at  said 
town  meeting,  and  all  doings  of  said  meeting  are  ratified 
and  confirmed. 

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

Approited  April  30,  188S. 

An   Act  fixing  the   time   when  final  reports  by  auditors,  Hhrfq-^  OC^O 

MASTERS   IN  CHANCERY  AND   SPECIAL   MASTERS   SHALL   BE   FILED.  ^  * 

Be  it  enacted,  etc  ,  as  folloivs : 

Section  1.     Auditors,  masters  in  chancery  and  special  Final  reports  to 
masters,  shall  file  their  final  report  in  the   office  of  the  oerk's  office 
clerk  of  the  court  appointing  them,  within  ninety  days  after  day8'aVter*hLr- 
the  hearing  before  them  has  been  closed,  unless  further  '°s '^'°^''''- 
time  is  allowed  by  the  court  for  good  cause  shown ;  if 
no  further  time  is  allowed  by  the  court  and  the  report 
is  not  filed  within  said  ninety  days,  the  auditor,  master 
in  chancery,  or  special  master,  shall  not  be  entitled  to  any 
fees. 

Section  2 .     This  act  shall  take  effect  ninety  days  after 
its  passage.  Apj^roved  April  30,  1888. 

An  Act  relating  to  liquor  license  bonds.  Ohnn  '^S^ 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Section  thirteen  of  chapter  one  hundred  pquor  license 
of  the  Public  Statutes  is  hereby  amended  b}^  striking  out 
of  the  condition  in  the  form  of  bond  prescribed  in  such 
section  the  words  ' '  which  may  be  recovered  from  him 
under  and  pursuant  to  such  provisions  of  law  ",  and  insert- 
ing in  lieu  thereof  the  words  :  —  incurred  by  violation  of 
such  provisions  of  law,  —  so  that  said  form  of  bond  shall 
read  as  follows  : — Know  all  men  ])y  thesje  presents,  that 
we,  A.  B.,  of  ,  as  principal,  and  C.  D.  and 

E.  F.,  of  ,  as  sureties,  are  held  and  firmly 

bound  unto  the  treasurer  of  the  city  (or  town)  of 

,  in  the  sum  of  one  thousand  dollars,  to  which  pay- 
ment well  and  truly  to  be  made  we   bind  ourselves  and 
our   legal   representatives.     Sealed    with    our   seals    this 
day  of  ,  A.  D.  eighteen  .     The  condi- 

tion  of  this   obligation  is  such,  that  whereas  the  above 


228  1888.  — Chapters  284,  285. 

bounden  A.  B.  has  this  clay  been  licensed  by  License  No. 

,  by  the  mayor  and  aldermen  of  the  city  of  (or  the 
selectmen  of  the  town  of)  ,  in  the  county  of 

,  now  if  the  said  A.  B.  shall  well  and  truly 
comply  with  all  the  provisions  of  law  under  which  said 
license  is  issued,  and  shall  also  pay  all  damages  incurred 
by  violation  of  such  provisions  of  law,  then  this  ])ond 
shall  be  void  ;  but  otherwise  in  force.  Executed  in  pres- 
ence of 

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

Approved  April  30,  1888. 

CliaT)  284  ^^     ^'^^  MAKING     AN     APPKOPKIATION     FOR    THE    WIDOW    OF     THE 

LATE  JOHN    WILLIAM  BACON. 

Be  it  enacted,  etc.,  as  folloios : 

Appropriation.  SECTION  1 .  The  suui  hereinafter  mentioned  is  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, for  the  purpose  of  carrying  out  the  provisions  of 
the  resolve  passed  the  present  session  in  favor  of  the 
widow  of  the  late  John  William  Bacon,  to  wit :  — 

Widow  of  John  Yov  the  widow  of  the  late  John  "William  Bacon,  the 
sum  of  forty-three  hundred  and  eighty-four  dollars  and 
forty-two  cents,  as  authorized  by  chapter  fifty-six  of  the 
resolves  of  the  present  year. 

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

Approved  April  30,  1888. 

CJlOT)  285   ^^    "^*-^'^    PRESCRIBING    UNIFORM    DOCKETS   AND  BLANKS  IN  POLICE 
AND   DISTRICT   COURTS    AND    FOR  TRIAL  JUSTICES. 

Be  it  enacted,  etc.,  as  follows: 
Blanks  and  Section  1.     The   trcasurei's    of    the   several   counties 

dockets  to  be  ~  .-,  iii  ^     i        ^  f 

furnished  by      shall   causc  to   bc  printed  proper  blanks  and  dockets  tor 

urersforXof  the  usc  of  trial  justlccs  and  police  and  district  courts  in 

courts  mfduiai   criminal  cases  except  the  East  Boston  district  court  and 

inai'ca8eB°  """'  the  pollcc  court  of  the   city  of  Chelsea,  in  such  form  as 

the  attorney-general  shall  approve,  and  shall  supply  the 

same  upon  requisition  to  said  magistrates  and  courts  from 

time  to  time  as  they  may  be  needed.     Such  blanks  and 

dockets  shall  be    as    nearly  uniform    as   the   wants    and 

requirements  of  the  different  magistrates  and  courts  will 

admit. 

To  take  effect         SECTION  2.     This  act   shall  take  effect  upon  the  first 

July  i,i8S8.       ^^^^  ^^  j^^j^  .^^  ^1^^  ^^^,^^.  gjgiiteen  hundred  and  eighty-eight. 

Approved  April  30,  1888. 


1888.— Chaptees  286,  287.  229 


An  Act  to  authorize  the  city  of  boston  to  pay  salaries  to  njif^^t  286 

MEMBERS   OF   THE   BOARD   OF   ALDERMEN   OF  SAID   CITY.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  city  council  of  the  city  of  Boston  cuy  of  Boston 
may,  by  ordinance,  provide  that  after  the  expiration  of  "o^heakiTrmeu^ 
the  current  municipal  year,  the  members  of  the  board  of 
aldermen  of  said  city  shall  each  receive  an  annual  salary 
not  exceeding  fifteen  hundred  dollars  ;  and  thereafter  no 
sum  shall  be  paid  from  the  city  treasury  for  or  on  account 
of  any  personal  expenses,  directly  or  indirectly  incurred 
by  or  in  behalf  of  any  member  of  said  })oard,  except  for 
carriage  hire  or  car  fare  actually  incurred  in  the  perform- 
ance of  official  duty,  and  in  each  case  especially  authorized 
by  vote  of  the  said  board  or  of  a  regularly  api:)ointed 
committee  of  the  said  board  or  of  the  city  council.  No  Allowance  for 
bill  for  such  carriage  hire  or  car  fare  shall  be  paid  unless  ^^"^^ge  hue, 
the  same  shall  state  the  date  when,  the  persons  for  whom 
and  the  full  service  for  which  the  same  was  incurred,  and 
unless  there  be  filed  with  the  city  auditor  a  duly  certified 
copy  of  a  vote  authorizing  the  same,  accompanied  in  every 
case  l)y  a  certificate  signed  hy  each  meml^er  of  said  board 
incurring  said  bill,  and  stating  that  the  same  was  actually 
incurred  by  him  for  the  purpose  so  authorized  on  the  day 
specified,  and  for  the  service  and  to  the  extent  and  amount 
therein  charijed. 

Section  2.     All  bills  incurred  and  paid  for  carriage  vouchers  to  be 
hire  and  car  fare  in  accordance  with  the  preceding  sec-  andtobe^opei°to 
tion,  and  copies  of  all  votes  and  all  certificates  and  other  pj^wi'^ 'n«pec- 
vouchers  accompanying  such  bills,  shall  be  kept  by  the 
auditor  of  said  city  and  be  open  to  public  inspection. 

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

Approved  April  30,  1888. 


Chap.2^1 


An  Act  to  provide  a  bounty  for  the  destruction  of  seals. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  person  who  shall  kill  any  seal  within  Bounty  for  the 
the  limits  of  this  Commonwealth,  and  shall  under  oath  I'.tia""''""  "^ 
produce  satisfactory  evidence  thereof  together  with  the 
tail  of  the  seal  killed  to  the  clerk  of  the  city  or  town 
Avithin  whose  limits  the  seal  was  killed,  shall  receive  from 
the  clerk  of  such  city  or  town  a  certificate  thereof  stating 
the  fact,  and  upon  filing  the  said  certificate  with  the  city 
or  town  treasurer  such  person  shall   l)e  paid  out  of  the 


230  1888.  —  Chapters  288,  289. 

treasury  of  such  city  or  town  the   sum  of  one   dollar  for 
each  and  every  seal  so  killed. 
Town,  etc.,  to         SECTION  2.     Auv  citv  or  towu  payiuo;  money  under 

be  reimbursed  .    .  /»      V  •  i      n     i  •      i  i     "i 

from  the  county  the  provisions  ot  this  act  shall   be   reimbursed  theretor, 
reasurj.  annually,  from  the  treasury  of  the  count}'  in  which  such 

city  or  town  is  located. 

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

Ap2)roved  May  5,  1888. 

CllCLT)  288   ^^    ^^^     CONCERNING    THE     FEES     FOR    THE   PILOTAGE   OF  VESSELS 
^  '  IN  AND   OUT   OF   WOOD'S   HOLL   HARBOR. 

Be  it  enacted,  etc.,  as  follows: 
Fees  for  pilotage      ^hc  ratcs  for  pilotage  from  west  of  a  line  drawn  from 

in  and  out  of  .1  ~  , 

Wood's Hoii       Sangkonnet   point   to  No-Mans  Land  into  the  port  of 

harbor  o  i  i 

Wood's  Holl  shall  be  two  dollars  and  twenty-iive  cents  a 
foot  of  the  vessel's  draught.  The  outward  rates,  when 
the  vessel  is  taken  past  Gay  Head,  shall  be  one  dollar  and 
eighty-five  cents  per  foot,  and  the  outward  and  inward 
rate  shall  be  increased  tAventy-five  per  cent,  for  all  pilot- 
ing done  between  the  first  day  of  November  and  the 
thirtieth  day  of  April  inclusive.  The  rates  of  pilotage  for 
vessels  coming  from  eastward,  when  the  pilot  is  taken  from 
east  of  a  line  drawn  due  north  from  Nantucket  great  point 
lighthouse  to  the  bar  of  Nantucket,  shall  be  two  dollars 
and  twenty-five  cents  per  foot  of  vessel's  draught,  into  the 
port  of  Wood's  Holl.  The  outward  rates  when  passing 
to  sea  eastward  of  Nantucket  shoals  shall  be  one  dollar 
and  eighty-five  cents  per  foot,  and  both  outward  and  in- 
ward rates  shall  be  increased  twenty-five  per  cent,  for  all 
piloting  done  between  the  first  day  of  November  and  the 
thirtieth  day  of  April  inclusive.  All  piloting  aforesaid 
shall  be  subject  to  the  same  rules  and  regulations  and  to 
the  same  deductions  of  rates  as  are  now  provided  in  the 
schedule  annexed  to  chapter  one  hundred  and  seventy-six 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-two. 

Approved  3fay  3,  1888. 

C7lClV.2SQ  An  Act  to  establish  the  salary  of  the  assistant  district 
■*■  '  attorney  for  the  eastern  district. 

Be  it  enacted,  etc.,  as  follows  : 
Salary  estab-  SECTION  1.     The  Salary  of  the  assistaiit  disti'ict  attoi*- 

ney  for  the  eastern  district  shall  be  twelve  hundred 
dollars  a  year  from  the  first  day  of  January,  eighteen 
hundred  and  eighty-eight. 

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

Approved  May  3, 1888. 


lished. 


1888.  —  Chapter  290.  231 


An  Act  kelating  to  appeals  from  probate  courts.  Chnri  2*10 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Section    seven    of   chapter   one   hundred  Notjcetobe 

i^>  •  pi-r-»iT"^  •!  1  11    hied  111  registry, 

and  iitty-six  of  the  1  ubhc  Statutes  is  hereby  amended  aud  appeal  to  ue 
so  as  to  read  as  follows  :  —  Section  7.  Notice  of  the  ihirt/days.  ' 
appeal  shall  be  tiled  in  the  registry  of  probate  and  the 
appeal  shall  be  entered  in  the  supreme  judicial  court, 
within  thirty  days  after  the  act  appealed  from.  A  copy 
of  such  notice  and  of  so  much  of  the  record  of  the  pro- 
bate court  as  relates  to  the  appeal  shall  be  hied  in  the 
supreme  judicial  court  upon  the  entry  of  the  appeal  or  as 
soon  as  may  be  thereafter. 

Section  2.     Section  eio-ht  of  chapter  one  hundred  and  J^otice  of  entry 

,  •  /»i         T^ii'-^  .11  11  ot  appeal  111 

nfty-six  of  the  Public  Statutes  is  hereby  amended  so  as  siipreme  judi- 
to  read  as  follows  :  —  Section  8.  Notice  of  the  entry  of 
the  appeal  in  the  supreme  judicial  court  shall  be  given  to 
all  parties  adversely  interested  that  shall  have  entered 
appearances  in  the  probate  court,  and  it  shall  be  sufficient 
to  serve  the  notice  in  the  manner  provided  by  the  rules 
of  court  for  the  service  of  notices,  but  the  court  may 
order  such  further  notice  to  be  given  as  it  may  think  fit. 

Section  3.     Nothing  contained  in  the  two  preceding  Not  to  apply  to 
sections  shall  apply  to  an  appeal  from   any  order,  sen-  betoTe'thls  act 
tence,  decree  or  denial  dated  before  this  act  shall  take  ^haii  take  effect. 
effect. 

Section  4.     A  person  appealing  from  decrees  settling  Appeals  from 
difi:erent  accounts  of  an  executor,  administrator,  guardian,  al^ffer 


lecrees  settling 


■rent  ac- 


or  trustee,  may  unite  his  appeals  in  one  notice  of  appeal  m"y  be  united. 
and  enter  the  same  as  one  appeal  in  the  supreme  judicial 
court ;  and  if  an  appeal  shall  be  taken  by  any  other  per- 
son from  any  of  the  same  decrees,  or  from  a  decree  made 
at  the  same  time  or  previously  and  settling  any  other  ac- 
count of  such  executor,  administrator,  guardian,  or  trustee, 
such  appeal  may  be  entered  in  the  supreme  judicial  court 
as  part  of  the  matter  comprised  in  the  appeal  previously 
entered.  The  court  may  deal  with  such  difierent  ac- 
counts upon  appeal  as  if  they  formed  one  continuous  ac- 
count, and  may  give  effect  to  any  alterations  that  it  may 
make  in  any  account  by  altering  the  balance  of  the  last 
account  without  altering  the  balance  of  any  previous 
account. 

Section  5.     The  supreme  judicial  court  may  by  order  .suprenicjiuii- 
at  any  time  in  its  discretion  and  upon  such  terms,  if  any,  unUeandconBou 


232  1888.  — Chapters  291,  292. 

jdate  separate  as  it  sliall  tliiiik  fit,  coiisolidate  ail}'  separate  appeals  from 
p.obaie  court,     the    prol)ate  court,  and   may  thereafter  deal  with    such 

consolidated  appeals  together  or  as  justice  may  require. 
JeVtemberl!*         Section  6.     This  act  shall  take  effect  on  the  first  day 
1^^*^-  '      of  September  in  the  year  eighteen  hundred  and  eighty- 

eight.  Apx>Toved  May  3,  1888. 

OhaV  291   ^^    ^^^   ^^   PUXISH  INTEUFEKENCES    WITH   POLICE   SIGNAL  SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

j'uuishment  for  Section  1.  Whocvcr  opcus  a  sjo-nal  box  connected 
police  siguai  With  a  policc  Signal  system  for  the  purpose  of  giving  or 
si»  ms.  causing  to  be  given  a  false   alarm,  or  interferes  in    any 

way  with  such  a  box  by  breaking,  cutting,  injuring,  or 
defacing  the  same  ;  or  whoever,  without  authority,  opens, 
tampers,  or  meddles  with  such  a  box,  or  with  ^xiy  part  or 
parts  thereof,  or  with  the  police  signal  wires,  or  with 
anything  connected  therewith,  shall  be  punished  by  fine 
not  exceeding  five  hundred  dollars  or  by  imprisonment 
not  exceeding  two  years  in  the  jail  or  house  of  correction, 
or  both  such  fine  and  imprisonment. 

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

Approved  May  3, 1888. 

C'/Cip.2i^2  ^^  ■^^'^  '^^  AMEND  CHAPTER  TWO  HUNDRED  AND  SEVENTY-SIX  OF 
THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-SIX, 
BEING  AN  ACT  FOR  THE  BETTER  PRESERVATION  OF  BIRDS  AND 
GAME. 

Be  it  enacted,  etc.,  as  folloivs : 
I'resenation  of        Scction  ouc  of  chaptcr  two  liuudrcd  and  seventy-six  of 

arouse,  wood-  n      t  •  .  "^       .         . 

cock,  quail,  etc.  the  acts  of  tlic  year  eiohteen  hundred  and  eiahty-six  is 
hereby  amended  so  that  it  shall  read  as  follows  :  —  Sec- 
tion 1 .  Whoever  takes  or  kills  a  pinnated  grouse  at  any 
time,  or  a  woodcock  between  the  first  day  of  December 
and  the  first  day  of  September,  or  a  ruffed  grouse,  com- 
monly called  partridge,  between  the  first  day  of  Decem- 
ber and  the  first  day  of  September,  or  a  quail  between  the 
first  da}'  of  January  and  the  fifteenth  day  of  October,  or 
a  wood  or  summer  duck,  black  duck  or  teal,  or  any  of 
the  so  called  duck  species,  between  the  fifteenth  day  of 
April  and  first  day  of  September,  shall  be  punished  by 
a  fine  of  twenty  dollars  for  every  bird  so  taken  or  killed. 

Approved  May  3,  1888. 


1838.— Chaptees  293,  294.  233 


An  Act  to  authorize   the   toavn   of   avareham   to   build   a  (JJ^ni-f  293 

BRIDGE   ACROSS   SWIFT'S    NARROWS   IN   SAID   TOWN. 

Be  it  enacted^  etc.,  as  foHoivs  : 

Section  1.     The  town  of  Wareliam  may,  by  a  vote  of  jj"^"^'^^^^.  J;{>,^®- 
a  majority  of  the  leo-al  voters  of  said  town  present  and  "  P''e  •'™'.^e 

•  1        1      11  1  •  111-  j_  j_i        across  Swift's 

votmg  by  ballot  yes  or  no,  and  usmg  the  check-list,  at  the  narrows. 
annual  town  meeting  of  said  town  held  in  the  month  of 
April  in  any  year,  and  duly  called  for  this  purpose  among 
others,  request  the  board  of  harbor  and  land  commissioners 
to  locate  a  bridge  across  Swift's  river  or  narrows,  so  called, 
in  said  town  ;  and  said  board  may  thereupon  proceed  to 
locate  a  pile  bridge,  with  or  without  a  draw  therein  in  the 
discretion  of  said  board,  across  said  narrows,  from  a 
point  at  or  near  the  terminus  of  the  highway  known  as 
Onset  avenue  on  the  westerly  bank  of  said  river  to  a 
point  opposite  or  nearly  so  on  the  easterly  bank  thereof; 
and  said  town  may,  subject  to  the  provisions  of  chapter 
nineteen  of  the  Public  Statutes,  build  said  bridge  as  so 
located  and  in  the  manner  prescribed  by  said  board,  and 
may  maintain  the  same  as  a  public  highway. 

Section  2.     This  act  shall  take  effect  when  a  vote  has  to  take  effect 

1  T  /•  -11  -ij^  T  j.*i2i    when  accepted 

l)een  passed  as   aioresaid  by  said  town,  and  a  certinecl  ),y  town,  and 
copy  thereof  tiled   by  the    clerk  of  said   town  with   the  fiielj  wfth^s^c 


ere- 


secretary  of  the  Commonwealth.  cZmoBweaith. 

Apj)roved  May  3,  18S8. 

An  Act  to  authorize  the  boston,  revere   beach  and  lynn  /^^/-.^  '^94- 
railroad  company  to  increase  its    terminal  facilities  in  ^  ' 

the  city  of  boston. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The    Boston,    Revere   Beach    and    Lynn  May  purchase 
Railroad  Company  for  the  purpose  of  increasing  its  ter-  °Ind' to  Inc'r^ease 
minal  facilities  on  Atlantic  avenue  in  the  city  of  Boston  |f™in"Bj"ioD." 
may  purchase  or  take  so  much  of  that  parcel  of  land  on 
said    Atlantic    avenue    belonging    to    the    proprietors    of 
Rowe's  Avharf  as  lies  between  the  land  on  said  Atlantic 
avenue,  now  occupied  by  the  said  railroad  company,  and 
a  line    drawn  parallel    to  the  northerly  line  of  Belcher 
lane  extended  and  distant  therefrom  thirty-one  and  one- 
half  feet ;  said  parcel  of  land  herel^y  authorized  to  be  so 
taken  or  purchased  extending  from  the  easterly  line   of 
said  Atlantic  avenue  to  the  harbor  commissioners'  line, 


234  1888.  —  Chapters  295,  296. 

and  from  said  easterly  line  being  twenty  and  one-half  feet 
in  width  for  a  distance  of  one  hundred  and  seventeen  and 
sixt3^-nine  one-hundredths  feet  and  l)eyond  to  said  harbor 
commissioners'  line  for  a  distance  of  one  hundred  and 
ninety-two  and  fifty  one-hundredths  feet  being  seven  and 
one-half  feet  in  width. 
med'w'irhth^  Section  2.  If  said  company  shall  take  the  parcel  of 
cuy  o"f  BoBton!'^  land  dcscnbed  in  the  first  section  of  this  act,  it  shall  file 
with  the  aldermen  of  the  city  of  Boston  a  location  thereof 
duly  prepared  and  certified  ])y  the  clerk  of  the  board  of 
railroad  commissioners,  as  in  the  case  of  land  taken  for 
railroad  purposes,  and  for  the  damages  caused  hy  such 
taking  shall  be  liable  to  the  owner  in  the  same  manner 
and  to  the  same  extent  as  when  land  is  taken  for  railroad 
purposes  under  chapter  one  hundred  and  twelve  of  the 
Puljlic  Statutes  or  any  amendment  thereof. 

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

Approved  May  3,  1888. 

C/ian.2d5  ^^   ^^'^  ^^  confirm  the   proceedings  of   the   last    annual 

TOWN   MEETING   OF   THE   TOWN   OF    BROOKFIELD. 

Be  it  enacted,  etc.,  as  follows: 

town°mJet!ng^  Section  1.  The  proceedings  of  the  last  annual  town 
confirmed.  meeting  of  the  town  of  Brookfield,  held  on  the  first  Mon- 
day of  April  in  the  year  one  thousand  eight  hundred  and 
eighty-eight,  shall  not  be  invalid  l)y  reason  of  any  clerical 
error  in  the  warrant  calling  said  meeting ;  and  the  elec- 
tion of  town  officers  and  all  other  doino-s  of  said  meeting: 
are  hereby  ratified  and  confirmed. 

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

Approved  May  3,  1888. 

GhCll).2,QG      ^    -^^^   '^^   REGULATE    THE   SALE    OF    COMMERCIAL    FERTILIZERS. 

Be  it  enacted,  etc.,  as  follows : 

cate°"deecribfn  Section  1.  Evcry  lot  or  parcel  of  commercial  fer- 
fertiiizerto  tilizcT  or  material  used  for  manurial  purposes  sold, 
paicei,  etc.,  offcred  or  exposed  for  sale  within  this  Commonwealth, 
the  retail  price  of  which  is  ten  dollars  or  more  per  ton, 
shall  be  accom})anied  by  a  plainly  printed  statement 
clearly  and  truly  certifying  the  number  of  net  pounds  of 
fertilizer  in  the  package,  the  name,  l)rand  or  trade  mark 
under  which  the  fertilizer  is  sold,  the  name  and  address 
of  the  manufacturer  or  importer,  the  place  of  manufac- 


80  Id. 


1888.  — Chapter  296.  235 

tare,  and  a  chemical  analysis  stating  the  percentage  of 
nitrogen  or  its  equivalent  in  ammonia,  of  potash  soluble 
m  distilled  water,  and  of  phosphoric  acid  in  available 
form  soluble  in  distilled  water  and  reverted,  as  well  as 
the  total  phosphoric  acid.  In  the  case  of  those  fertilizers 
which  consist  of  other  and  cheaper  materials,  said  label 
shall  give  a  correct  general  statement  of  the  composition 
and  ingredients  of  the  fertilizer  it  accompanies. 

Section  2.     Before  any  commercial  fertilizer,  the  re-  copy  of  cenifi- 
tail  price  of  w^hich  is  ten  dollars  or  more  per  ton,  is  sold,  wuhtL director 
ofiered  or  exposed  for  sale,  the  importer,  manufacturer  experimenr''' 
or  party  who  causes  it  to  be    sold   or  oflered    for   sale  station. 
within  the  state  of  jNIassachusetts,  shall  file  with  the  direc- 
tor of  the  IMassachusetts  agricultural  experiment  station, 
a  certified  copy  of  the  statement  named  in  section  one  of 
this  act,  and  shall  also  deposit  with  said  director  at  his 
request  a  sealed  glass  jar  or  bottle,  containing  not  less 
than    one    pound    of  the   fertilizer,    accompanied    by  an 
affidavit  that  it  is  a  fair  average  sample  thereof. 

Section  3.  The  manufacturer,  importer,  agent  or  Manufacturer, 
seller  of  any  brand  of  commercial  fertilizer  or  material  auaiysis  fee'. 
used  for  manurial  purposes,  the  retail  price  of  which  is 
ten  dollars  or  more  per  ton,  shall  pay  for  each  brand,  on 
or  before  the  first  day  of  ^lay  annually,  to  the  director 
of  the  Massachusetts  agricultural  experiment  station,  an 
auaiysis  fee  of  five  dollars  for  each  of  the  three  following 
fertilizing  ingredients  ;  namely,  nitrogen,  phosphorus  and 
potassium,  contained  or  claimed  to  exist  in  said  brand  or 
fertilizer :  ^^^'ovided,  that  whenever  the  manufacturer  or 
importer  shall  have  paid  the  fee  herein  required  for  any 
person  acting  as  agent  or  seller  for  such  manufacturer  or 
importer,  such  agent  or  seller  shall  not  be  required  to 
pay  the  fee  named  in  this  section  ;  and  on  receipt  of  said 
analysis  fees  and  statement  specified  in  section  two,  the 
director  of  said  station  shall  issue  certificates  of  compli- 
ance with  this  act. 

Section  4.     No  person  shall  sell,  offer  or  expose  for  Leather,  in  any 
sale  in  the  state  of  Massachusetts,  any  pulverized  leather,  fe?uii7l°r  to^'be 
raw,  steamed,  roasted,  or  in  any  form,  as  a  fertilizer,  or  fied to."^ '^^"*' 
as  an  ingredient  of  any  fertilizer  or  manure,  without  an 
explicit  printed  certificate  of  the   fact,  said  certificate  to 
be  conspicuously  aflixed  to  every  package  of  such  ferti- 
lizer  or   manure  and   to  accompany   or   go    with   every 
parcel  or  lot  of  the  same. 


236 


1888.  —  Chapter  296. 


Not  to  apply  to 
parties  maunfac- 
tuiing,  etc.,  for 
their  own  use 

Director  to  pay 
analysis  fees 
received  into 
treasury  of  the 
station. 


Penalties.  Sectiox  5.     Ally  persoii  selling,  offering  or  exposing 

for  sale,  an}^  commercial  fertilizer  without  the  statement  re- 
quired by  the  first  section  of  this  act,  or  with  a  label  stating 
that  said  fertilizer  contains  a  larger  percentage  of  any 
one  or  more  of  the  constituents  mentioned  in  said  section 
than  is  contained  therein,  or  respecting  the  sale  of  which 
all  the  provisions  of  the  foregoing  section  have  not  been 
fully  complied  with,  shall  forfeit  fifty  dollars  for  the  first 
ofi'ence,  and  one  hundred  dollars  for  each  subsequent 
ofience. 

Section  6.  This  act  shall  not  affect  parties  manufac- 
turing, importing  or  purchasing  fertilizers  for -their  own 
use,  and  not  to  sell  in  this  state! 

Section  7.  The  director  of  the  Massachusetts  agri- 
cultural experiment  station  shall  pay  the  analysis  fees,  as 
soon  as  received  by  him,  into  the  treasury  of  the  station, 
and  shall  cause  one  analysis  or  more  of  each  fertilizer  or 
material  used  for  manurial  purposes  to  be  made  annually, 
and  pu])lish  the  results  monthly,  with  such  additional  in- 
formation as  circumstances  advise :  provided,  such  in- 
formation relates  only  to  the  composition  of  the  fertilizer 
or  fertilizing  material  inspected.  Said  director  is  hereby 
authorized  in  person  or  by  deputy  to  take  a  sample,  not 
exceeding  two  pounds  in  weight,  for  analysis,  from  any 
lot  or  package  of  fertilizer  or  any  material  used  for  manu- 
rial purposes  which  may  be  in  the  possession  of  any 
manufacturer,  importer,  agent  or  dealer ;  but  said  sample 
shall  be  drawn  in  the  presence  of  said  party  or  parties  in 
interest  or  their  representative,  and  taken  from  a  parcel 
or  a  number  of  packages  which  shall  not  be  less  than  ten 
per  cent,  of  the  whole  lot  inspected,  and  shall  be  thor- 
oughly mixed  and  then  divided  into  two  equal  samples 
and  placed  in  glass  vessels  and  carefully  sealed  and  a 
label  placed  on  each,  stating  the  name  or  brand  of  the 
fertiliser  or  material  sampled,  the  name  of  the  party  from 
whose  stock  the  sample  was  drawn  and  the  time  and  place 
of  drawing,  and  said  label  shall  also  be  signed  by  the 
director  or  his  deputy  and  by  the  party  or  parties  in  in- 
terest or  their  representatives  present  at  the  drawing 
and  sealing  of  said  sample  ;  one  of  said  duplicate  samples 
shall  be  retained  by  the  director  and  the  other  by  the 
To  prosecute      party  whosc  stock  was  sampled.     All  parties  violating 

for  violations  of  |,  .     '  ,      ,,  ,  i   i  i        t  /»        •  i  • 

this  act.  this  act  sliall  be  prosecuted  by  the  director  ot  said  station  ; 

■     but  it  shall  be  the  duty  of  said  director,  upon  ascertain- 


May  take  sam- 
ples foraualysis, 


1888.  —  Chapter  297.  237 

mg  an}'  violation  of  this  act,  to  forthwith  notify  the 
manufacturer  or  importer  in  writing,  and  give  him  not 
less  than  thirty  clays  thereafter  in  which  to  comply  with 
the  requirements  of  this  act,  but  there  shall  be  no  prose- 
cution in  relation  to  the  quality  of  the  fertilizer  or  fer- 
tilizing material  if  the  same  shall  be  found  substantially 
equivalent  to  the  statement  of  analysis  made  by  the 
manufiicturer  or  importer. 

Sectiox  8.     Sections    eleven  to    sixteen   inclusive    of  Repeal. 
chapter  sixty  of  the  Public  Statutes  are  hereby  repealed. 

Section  9.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  September  in  the  year  eighteen  hundred  and  eighty-       '  ' 
eight.  A2:>2)roved  May  5,  1888. 


Chap.297 


An  Act  relating  to  the  seizure  and  disposition  of  imple- 
ments AND  furniture  USED  IN  THE  ILLEGAL  KEEPING  OR 
SELLING   OF   INTOXICATING   LIQUORS. 

Be  it  enacted^  etc.,  asfoUoivs: 

Section  1.     Chapter  four  hundred  and  six  of  the  acts  seizure  and  dis- 
of  the  year  eighteen  hundred  and  eighty-seven  is  hereby  implements  and 
amended  to  read  as  follow^s  :  —  /Section  1.     Section  thirty  hi'tbeniegaT^ 
of  chapter  one  hundred  of  the  Public  Statutes  is  hereby  peeping  or  seii- 

,-,■,.  .  (.  I  1  .,.  ''    ing  of  intoxicat- 

amended  by  inserting  alter  the  word  ' '  contained  in  the  '"« liquors. 
fifteenth  line  of  said  section,  the  words  :  —  and  all  imple- 
ments of  sale  and  furniture  used  or  kept  and  provided  to 
be  used,  in  the  illegal  keeping  or  sale  of  such  liquor. 
Section  2.  Section  thirty-three  of  chapter  one  hundred 
of  the  Public  Statutes  is  hereljy  amended  by  inserting 
after  the  W'ord  "  contained"  in  the  third  line  of  said  sec- 
tion, the  words  :  —  and  all  implements  of  sale  and  furni- 
ture used  or  kept  and  provided  to  be  used,  in  the  illegal 
keeping  or  sale  of  such  liquor.  Section  3.  All  said 
implements  of  sale  and  furniture  seized  in  pursuance  of 
the  provisions  of  this  act  shall  be  forfeited  and  disposed 
of  in  the  manner  now  provided  by  law  for  the  forfeiture 
and  disposition  of  intoxicating  liquors  :  provided,  hoic- 
ever,  that  the  court  or  trial  justice  may,  after  forfeiture  of 
such  implements  and  furniture,  if  it  seems  more  for  the 
interest  of  the  Commonwealth,  order  the  destruction  or 
sale  of  said  property  by  any  officer  qualified  to  serve 
criminal  process,  and  in  case  of  sale,  the  proceeds  thereof 
shall  be  paid  over  to  the  treasurer  of  the  county ;  and 
said  officer  shall  make  return  of  the  order  for  such  destruc- 


238 


1888.  —  Chapter  298. 


tion  or  sale  and  his  doings  thereon  to  the  court  or  justice 
issuing  the  same. 

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

Ap2^roved  May  5,  18S8. 


Chap 


Part  of  the  town 
of  Dartmouth 
annexed  to  the 
city  of  New 
Bedford. 


Payment  of 
taxea. 


OQQ  An  Act  changing  the  boundary  line  between  the  city  of 

NEW   BEDFORD   AND    THE    TOWN    OF    DARTMOUTH    AND    PLACING 
CERTAIN   CEMETERIES   WITHIN   THE   LIMITS   OF   NEW   BEDFORD. 

Be  it  enacted^  etc.,  asfoUoios: 

Section  1.  The  following  described  territory,  now 
within  the  town  of  Dartmouth,  bounded  as  follows  :  — 
that  is  to  say,  beginning  at  a  point  in  the  present  division 
line  between  said  town  of  Dartmouth  and  the  city  of  New 
Bedford  distant  eighteen  hundred  and  hfty-eight  feet 
northwesterly  in  said  line  from  the  bound  stone  between 
said  Dartmouth  and  New  Bedford  on  Kerapton  street ; 
thence  running  south  two  and  one-half  degrees  east  in  line 
of  the  west  wall  of  the  Saint  Lawrence  cemetery  twelve 
hundred  and  fifty-one  feet  to  Kempton  street  aforesaid  ; 
thence  south  fourteen  degrees  east  about  sixty-three  hun- 
dred and  seventy  feet  to  the  southwest  corner  of  the  Saint 
John  cemetery  ;  thence  south  forty-five  degrees  twenty- 
one  minutes  east  about  forty-three  hundred  and  fifty-seven 
feet  to  the  northeast  corner  of  David  Tripp's  lot  on  the 
east  side  of  the  Dartmouth  road ;  thence  south  five 
degrees  forty- six  minutes  east  about  sixteen  hundred  and 
eighty-eight  feet  to  a  point  in  the  south  line  of  the  Cove 
road,  so  called  ;  thence  in  the  south  line  of  said  road 
about  four  hundred  and  twenty-seven  feet  to  an  angle  in 
said  road ;  thence  about  seven  hundred  and  forty-seven 
feet  to  an  angle  in  said  road ;  thence  north  eighty-one 
degrees  three  minutes  east  about  two  hundred  and  thirty- 
four  feet  to  the  present  boundary  line  aforesaid ;  and 
thence  northwesterly  in  said  present  boundary  line  to 
the  point  of  beginning,  is  hereby  annexed  to  and  made 
a  part  of  the  city  of  New  Bedford. 

Section  2.  The  inhabitants  of  the  portion  of  said 
town  of  Dartmouth  hereby  annexed  to  the  city  of  New 
Bedford  shall  be  holden  to  pay  all  arrears  of  taxes  which 
have  been  legally  assessed  upon  them  by  the  town  of 
Dartmouth ;  and  all  the  taxes  heretofore  assessed  and  not 
collected  shall  be  collected  and  paid  to  the  treasurer  of 
said  town  of  Dartmouth  in  the  same  manner  as  if  this  act 
had  not  been  passed. 


1888.  —  Chapters  299,  800.  239 

Section  3.     Said  city  of  New  Bedford  shall  lie  liable  support  of 
for  the  support  of  all  persons  who  now  do  or  shall  here-  ^''"P'^''*' 
after  stand  in  need  of  relief  as  paupers,  whose  settlement 
was  gained,  whether  by  original  acquisition  or  derivation 
or   in    any   other    manner,    within   the   territory  hereby 
annexed  to  New  Bedford. 

Sectiox  4.     Said    city  of  New   Bedford  shall  pay  to  compensatiou 
said  town  of  Dartmouth  such  sum  of  money  in  compen-  macadamizhia 
sation  for  the  outlay  of  said  town  for  macadamizing  roads  '■°*''^*- 
within  said  annexed  territory  as  may  be  agreed  upon  be- 
tween said    city  and    said   town  :  provided,    Jioiveve>\  in 
case  said  city  and  said  town  cannot  agree  upon  the  amount 
so  to  be  paid,  said  city  shall  pay  to  said  town  such  sum 
of  money  as  three  commissioners,  neither  of  whom  shall 
be  a  resident  of  said  city  or  said  town,  and  to  be  appointed 
by  the  superior  court  for  the  county  of  Bristol  upon  peti- 
tion of  either  party  brought  within  one  year   from  the 
passage  of  this  act,  shall  determine. 

Section  5.     All  rights  heretofore  secured  to  existing  Rights  secured 
corporations  upon  the  territory  hereby  annexed  shall  con-  coi^p^'oratifi 
tinue  as  if  this  act  had  not  been  passed. 

Section  (i.    This  act  shall  take  effect  upon  its  passage 

Approved  May  3,  1888. 


ations  to 
coutinue. 


Cliap.2S)^ 


An  Act  to  authorize  the  town  of  marblehead  to  allow 

DISCOUNTS    for   VOLUNTARY   PAYMENTS   OF   TAXES. 

Be  it  enacted^  etc.,  as  folloios : 

Section  1 .     The  town   of  Marblehead  is   hereby  au-  May  aiiow  au. 
thorized,  at  a  meeting  of  the  qualified  voters  of  the  town  unury  Iraymeut 
to  be  duly  called  for  the  purpose  within  two  months  from  of  tuxes. 
the  date  of  the  passage  of  this  act,  to  allow  a  discount 
of  such  sums  as  is  thought  expedient  to  persons  making 
voluntary  payment  of  their  taxes  within  such  period  of 
time  as  may  be  prescribed. 

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

Approved  May  5,  1888. 

An  Act  to  authorize  the  newburyport  society  for  the  re-  ^^        QAfl 

LIEF   OF   AGED    FEMALES   TO    HOLD    ADDITIONAL    REAL    AND   PER-  -* 

SONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Newburyport  Society  for  the  Ixelief  M'>y  iioui  acui- 
of  Aged  Females  is  hereby  authorized  to  purchase,  re-  por8onaUf.ute. 
ceive  and  hold  by  gift,  grant,  devise  or  otherwise  real 


2i0 


1888.  —  Chapter  301. 


May  mortgage 
certain  terminal 
lands  in  the  city 
of  Boston. 


and  personal  estate  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars  in  addition  to  the  amounts  author- 
ized by  chapter  one  hundred  and  fifty-three  of  the  acts  of 
the  3'ear  eighteen  hundred  and  thirty-nine,  and  by  chap- 
ter four  of  the  acts  of  the  year  eighteen  hundred  and 
fifty-nine,  and  by  chapter  thirty-four  of  the  acts  of  the 
year  eighteen  hundred  and  seventy- six. 

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

Approved  May  5,  1888. 

Chan.VtQX   ^^     ^^^     ^^     authorize     the    NEAV     YORK     AND     NEW  ENGLAND 

.RAILROAD    COMPANY    TO    MORTGAGE    CERTAIN   OF    ITS  TERMINAL 

LANDS   IN   THE   CITY   OF    BOSTON,   AND   IN  ■RELATION   TO  THE   PUR- 
CHASE   OF   SUCH  LANDS   FROM    THE   COMMONWEALTH. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  The  New  York  and  New  England  Rail- 
road Company  may  from  time  to  time  mortgage  the 
whole  or  any  part  of  its  terminal  lands  in  the  city  of 
Boston  which  have  been  acquired  since  the  twenty-second 
day  of  June,  eighteen  hundred  and  eighty-two,  or  which 
may  be  hereafter  acquired,  to  secure  the  purchase  money 
thereof :  provided,  that  the  sum  which  any  such  mortgage 
is  given  to  secure  shall  not  exceed  the  amount  or  portion 
of  the  original  purchase  money  of  the  land  thereby 
mortgaged  which  remains  unpaid  at  the  time  such  mort- 
gage is  given,  excluding  the  cost  or  value  of  improve- 
ments made  thereon  after  the  purchase. 

Section  2.  The  provisions  of  section  sixty-four  of 
chapter  one  hundred  and  twelve  of  the  Public  Statutes 
shall  not  apply  to  mortgages  made  by  said  railroad  com- 
pany in  accordance  with  the  provisions  of  this  act. 

Section  3.  The  proceedings  of  said  railroad  com- 
pany whereby,  by  deed  dated  November  twenty-eight, 
eighteen  hundred  and  seventy-seven,  it  conveyed  Drake's 
wharf,  so  called,  in  mortgage  to  the  Boston  Five  Cent 
Savings  Bank  to  secure  one  hundred  and  twenty-five 
thousand  dollars,  being  part  of  the  purchase  money 
thereof,  are  hereby  ratified  and  confirmed. 

Section  4.  Section  one  of  chapter  two  hundred  and 
sixty  of  the  acts  of  the  year  eighteen  hundred  and  eighty 
shall  be  so  construed  that  the  sum  of  eight  hundred  thou- 
sand dollars,  being  the  unpaid  balance  of  the  purchase 
money  of  the  twenty-five  acre  lot  therein  described,  may 
be  paid  into  the  treasury  of  the  Commonwealth  by  said 


Provisions  of 
P.  S.  112,  §  51 
not  to  apply  to 
mortgages,  etc. 


Procefdings 
confirmed. 


Unpaid  balance 
of  purchase 
money  may  be 
paid  into  the 
treasury  of  the 
Commonwealth. 

1S8S.  -zm,  §  1. 


1888.  —  Chapter  301.  241 

railroad  company  on  or  at  any  time  before  the  first  day 
of  May,  eighteen  hundred  and  ninety-one. 

Section  5.  Said  raih-oad  company  and  its  assigns  iiaihoad  tracks 
shall  be  subject,  in  respect  to  the  grade  and  manner  of  aventfeMdcon- 
locating,  constructing,  maintaining  and  operatino-  its  rail-  g'^f  st'eet  iu 

O'  o'  O  X  C  i.-*ii     South  Boston. 

road  tracks  across  Eastern  avenue  and  Congress  street, 
SO  called,  in  that  part  of  said  city  called  South  Boston, 
under  section  three  of  chapter  two  hundred  and  sixty  of 
the  acts  of  the  year  eighteen  hundred  and  eighty,  and  in 
respect  to  the  grade  and  manner  of  crossing  said  street 
by  its  railroad  tracks  under  any  other  right,  if  any  it  has, 
to  such  laws  and  regulations  as  the  legislature  may  here- 
after from  time  to  time  deem  necessary  for  the  public 
safety  and  convenience,  and  any  deed  or  deeds  of  the 
terminal  lands  of  said  railroad  company  there  situate 
which  are  given  by  or  in  behalf  of  the  Commonwealth  to 
said  company  may  so  provide.  Nothing  in  this  section 
or  in  such  provision  in  such  deeds  shall  be  construed  as 
affecting  any  existing  rights "  except  as  thereb}^  made  sub- 
ject in  the  respects  aforesaid  to  future  legislation. 

Section  fi.     Savings  banks  and  institutions  for  savings  savings  banks 
may  invest  in  the  bonds  of  said  railroad  company  issued  Sl°o?coni- 
according  to    law  and  for  the  payment  of  the  principal  ^^^y- 
and  interest  of  which  first  mortgages,  made  as  in  this  act 
provided,  are  held  as  collateral  security  under  an  inden- 
ture of  trust  duly  made  and  entered  into  for  that  pur- 
pose :  provided,  that  the  amount  of  the  bonds  so  issued  Proviso. 
shall  not  exceed  the  amount  of  the  morto-ao-es  so  held  in 
trust,  and  that  no  one  of  said  morto:ao;es  shall  exceed  in 
amount  sixty  per  cent,   of  the  value  of  the    real  estate 
thereby  mortgaged ;    and    no    investment  in    said  bonds 
shall  be  made  by  any  savings  bank  or  institution  for  sav- 
ings except  upon  the  report  of  not  less  than  two  mem- 
bers of  the  board  of  investment  who  shall  certify  to  the 
value  of  the  premises  covered  by  each  of  said  mortgages, 
according  to  their  best  judgment,  and  such  report  shall 
be  filed  and  preserved  with  the  records  of  the  corpora- 
tion. 

Section  7.     This  act  shall  take  effect  upon  its  accept-  subject  to 
ance  by  said  railroad  company  hy  vote  of  the  board  of  ilolt'd  oT''  ^' 
directors  at  a  meeting  of  said  board  duly  notified  and  held  '''■''''='°''«- 
within  one  year  after  its  passage ;  and  written  notice  of 
such  acceptance  shall  be  filed  with  the  secretary  of  the 
Commonwealth.  Approved  May  3,  IS88. 


242  1888.  — CiiArTERs  302,  303,  304. 


(JJl(l7).302  -^^  ^^^  PKOVIDIXG  FOR  THE  COMPENSATION  OF  THE  COMMISSIONER 
OF  THE  NEW  BRIDGE  BETWEEN  THE  CITIES  OF  BOSTON  AND 
CAMBRIDGE   APPOINTED   BY   THE   MAYORS   OF   SAID   CITIES. 

Be  it  enacted,  etc.,  as  follows: 
Compcnpation         Sectiox  1.     The  member  of  the  board  of  commission- 

of  comnnHsioner  ;ii'iii  •  f        ^  ^  -\        -i 

provided  for.  ei's  established  by  virtue  ot  chapter  two  hundred  and 
eighty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven,  for  the  purpose  of  building  a  new  bridge 
between  Boston  and  Caml>ridge,  appointed  l)y  the  mayors 
of  said  cities,  shall  receive  for  his  services  from  the  date 
of  such  appointment  such  compensation  as  the  board  of 
aldermen  of  the  city  of  Boston  and  the  board  of  aldermen 
of  the  city  of  Cambridge  may  by  concurrent  action  estab- 
lish ;  to  be  paid  as  other  expenses  of  building  said  bridge 
are  paid. 

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

Ax)proved  May  4,  1888. 

CTldV  303   ^   ^^^  '''^   CONFIRM   A    DEED   OF   RELEASE    FROM    THE    HOPKINTON 
^  '  RAILROAD   COMPANY   TO    THE   MILFORD    AND   WOONSOCKET     RAIL- 

ROAD  COMPANTT. 

Be  it  enacted,  etc.,  as  folloivs: 
Deedconfirmed.  Section  1.  The  dccd  of  rclcase  from  the  Hopkinton 
Railroad  Company  to  the  Milford  and  Woonsocket  Rail- 
road Company,  dated  the  twenty-first  day  of  January, 
eighteen  hundred  and  eighty-eight,  given  to  perfect  the 
title  of  the  Milford  and  Woonsocket  Railroad  Company 
to  the  property  and  rights  therein  described,  is  herel)y 
ratified  and  confirmed ;  but  said  deed  or  this  act  shall  not 
affect  any  suit  at  law  or  in  equity  now  pending  against 
said  railroad  companies  or  either  of  them  or  any  rights  or 
titles  acquired  by  or  under  any  levy  on  or  sale  on  execu- 
tion of  any  real  estate  mentioned  or  described  in  said 
deed  made  prior  to  the  date  of  the  said  deed. 

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

Apjyroved  May  4,  1888. 


Chap.n04: 


An    Act    concerning    the    election   and   the    powers    and 

DUTIES   op   TRUSTEES   OF     FREE  PUBLIC    LIBRARIES,   OR    OF    FREE 
PUBLIC   LIBRARIES   AND   READING-ROOMS,   IN  TOWNS. 

Be  it  enacted,  etc.,  as  folloics : 
Trustees  of  free       SECTION  1 .     Evcry  towii  which  raiscs  or  appropriates 
may  beeiected    moHcy  for  the  support  of  a  free  public  library,  or  free 
ufwns"""*         public  library  and    reading-room    that  is    owned  by  the 


1888.  — Chapter  304  243 

town,  shall  at  its  annual  meeting,  or  at  a  legal  town 
meeting  a^^pointed  and  notified  for  that  purpose  by  the 
selectmen,  elect  a  board  of  trustees,  except  in  cases  where 
such  library  has  been  or  may  be  acquired  by  the  town,  in 
whole  or  in  part,  by  some  donation  or  bequest  containing 
other  conditions  or  provisions  for  the  elections  of  its  trus- 
tees or  for  its  care  and  management,  which  conditions 
have  been  accepted  and  agreed  to  l)y  vote  of  the  town. 

Section  2.     Said  l)oard  of  trustees  shall  consist  of  an}''  onethiidof 
number  of  persons  divisilile  b}^  three  not  exceeding  nine  [o  be'^Jiected'^^^ 
in   all  which  the   town    may  decide    to    elect,  one-third  ballot"^  "^^ 
thereof  to  be  elected  annually  and  to  continue  in  office  for 
three  years,  except  that  the  town  shall  first  elect    one- 
third  of  the  trustees  for  one  year,  one-third  for  two  years 
and  one-third  for  three  years,  and  thereafter  one-third  the 
number  annually  for  the  term  of  three  years.     No  person 
shall  be  ineligible  to  serve  upon  said  board  of  trustees  by 
reason  of  sex.     Such  board  of  trustees  shall  be  elected  by 
ballot,  and  shall  organize   annually  by  the  choice  of   a 
chairman  and  secretary  from  their  own  numl^er. 

Section  3.  If  any  person  elected  a  member  of  the  Vacancies. 
board  of  trustees,  after  being  duly  notified  of  his  election 
in  the  manner  in  which  town  officers  are  required  to  be 
notified,  refuses  or  neglects  to  accept  said  office,  or  if  any 
member  declines  further  service,  or  from  change  of  resi- 
dence or  otherwise,  becomes  unable  to  attend  to  the 
duties  of  the  board,  the  remaining  members  shall  in  writ- 
ing give  notice  of  the  fact  to  the  selectmen  of  the  town, 
and  the  two  boards  may  thereupon,  after  giving  public 
notice  of  at  least  one  week,  proceed  to  fill  such  vacancy 
until  the  next  annual  town  meeting ;  and  a  majority  of 
the  ballots  of  persons  entitled  to  vote  shall  be  necessary 
to  an  election. 

Section  4.  The  trustees  so  elected  by  the  town  shall  ^utTY^*°^ 
have  the  entire  custody  and  management  of  the  librar}'^ 
and  reading-rqpm  and  all  property  owned  by  the  town  re- 
lating thereto  ;  and  all  money  raised  or  appropriated  by 
the  town  for  its  support  and  maintenance,  and  all  money 
or  property  that  the  town  may  receive  by  donation  from 
any  source,  or  by  bequest,  in  behalf  of  said  free  public 
library  and  reading-room,  shall  be  placed  in  the  care  and 
custody  of  the  board  of  trustees,  to  be  expended  or  re- 
tained by  them  for  and  in  behalf  of  the  town  for  the 
support  and  maintenance  of  its  free  public    library  and 


244 


1888.— Chapter  305. 


Trustees  may 
elect  one  of 
their  number  a 
treasurer,  under 
a  vote  of  the 
town,  who  shall 
give  bond. 


Trustees  to 
make  annual 
report  of  re- 
ceipts, expen- 
ditures, etc. 


Library  associa- 
tions, etc.,  not 
to  be  interfered 
with. 


reading-room,  in  accordance  with  the  conditions  of  each 
or  any  donation  or  bequest  accepted  by  the  town. 

Section  5.  In  every  town  whicli  shall,  by  a  majority 
of  the  votes  cast  at  its  annual  town  meetino;  or  at  a  legal 
town  meeting  appointed  and  notified  for  that  purpose  by 
the  selectmen,  so  direct,  the  board  of  trustees  shall,  in 
addition  to  the  oiBcers  named  in  section  two  of  this  act, 
elect  from  among  their  own  number  a  treasurer,  who  shall 
give  a  bond  to  the  town  similar  to  the  bond  given  by  the 
town  treasurer,  for  such  an  amount  and  with  such  sureties 
as  may  be  satisfactory  to  the  selectmen ;  and  until  a  town 
directs  otherwise  the  town  treasurer  shall  act  as  treasurer 
of  the  board  of  trustees. 

Section  G.  The  trustees  shall  make  an  explicit  report 
to  the  town  at  each  annual  town  meetino-  of  all  their  re- 
ceipts  and  expenditures,  and  of  all  the  property  of  the 
town  in  their  care  and  custody,  including  a  statement  of 
any  unexpended  lialance  of  money  they  may  have,  and  of 
any  bequests  or  donations  they  may  have  received  and  are 
holding  in  behalf  of  the  town,  with  such  recommendations 
in  reference  to  the  same  as  they  may  deem  necessary  for 
the  town  to  consider. 

Section  7.  Nothing  in  this  act  shall  be  construed  to 
interfere  with  library  associations,  nor  with  any  library 
that  is  or  may  be  organized  and  managed  under  special 
act  of  the  legislature. 

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

Approved  May  4,  1888. 


Chan.305  -^^  -^^"^  ^^  amend  chapter  one  hundred  and  three  Oi  THE 
ACTS  OF  THE  TEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-SEVEN  IN 
RELATION  TO  PROPER  SANITARY  PROVISIONS  IN  FACTORIES  AND 
WORKSHOPS. 

Be  it  enacted,  etc.,  asfoUoivs: 

Chapter  one  hundred  and  three  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven  is  hereby  amended  by 
striking  out  sections  one  and  two  thereof  and  substituting 
therefor  the  following  :  —  Section  1 .  Every  factory  in 
which  five  or  more  persons  are  employed,  and  every  fac- 
tory, workshop,  mercantile  or  other  establishment  or  otiice 
in  which  two  or  more  children,  young  persons  or  women 
are  employed,  shall  be  kept  in  a  cleanly  state  and  free 
from  efiiuvia  arising  from  any  drain,  privy  or  other 
nuisance,  and  shall  be  provided,  within  reasonable  access. 


Sanitary  provi- 
»iona  for 
factories  and 
workshops. 
1»87,  103,"  §§  1,2, 


1888.  — Chapter  306.  245 

with  a  sufficient  number  of  proper  water-closets,   earth-  Sanitary  pro- 

VlSlOUSa 

closets  or  privies  for  the  reasonable  use  of  the  persons 
employed  therein ;  and  wherever  two  or  more  male  per- 
sons and  two  or  more  female  persons  are  employed  as 
aforesaid  together,  a  sufficient  number  of  separate  and 
distinct  water-closets,  earth-closets,  or  privies  shall  be 
provided  for  the  use  of  each  sex  and  plainly  so  designated, 
and  no  person  shall  be  allowed  to  use  any  such  closet  or 
privy  assigned  to  persons  of  the  other  sex.  Section  2.  It 
shall  l)e  the  duty  of  every  owner,  lessee  or  occupant  of 
any  premises  so  used  as  to  come  within  the  provisions  of 
this  act  to  carry  out  the  same  and  to  make  the  changes 
necessary  therefor.  In  case  such  changes  are  made  upon 
the  order  of  an  inspector  of  factories  by  the  occupant  or 
lessee  of  the  premises  he  may  at  any  time  within  thirty 
days  of  the  completion  thereof  bring  an  action  before  any 
trial  justice,  police,  municipal  or  district  court  against 
any  other  person  having  an  interest  in  such  premises,  and 
may  recover  such  proportion  of  the  expense  of  making 
such  changes  as  the  court  adjudges  should  justly  and 
equitably  be  borne  by  such  defendant. 

Approved  May  4,  1888. 

An  Act  relating  to  the  certificates  and  registry  of  deaths,  n'kru^  Qa/:? 

AND    the    burial    AND   REMOVAL   OF   BODIES   OF   DECEASED   PER-  ^  ' 

SONS. 

5e  it  enacted,  etc.,  as  folloivs : 

Section  1.     Section  three  of  chapter  thirty-two  of  the  certificate  of 
Public  Statutes,  recjuiring  attending  physicians  to  furnish  brfnnrished''by 
for  registration  certain  facts  relating  to  deceased  persons,  ?e''g^su4^t°ou°'^ 
is  amended  so  as  to  read  as  follows  :  —  Sf^ction  3.     A  ""^er  peuai'ty. 
physician  who  has  attended  a  person  during  his  last  illness 
shall,  when  requested,  forthwith  furnish  for  registration, 
a  certificate  stating,  to  the  best  of  his  knowledge  and  be- 
lief, the  name  of  the  deceased,  his  age,  the  disease  of 
which  he  died,  the  duration  of  his  last  sickness,  and  the 
date  of  his  decease.     If  a  physician  neglects  or  refuses  to 
make  a  certificate  as  aforesaid,  he  shall  be  punished  by  a 
fine  not  exceeding  fifty  dollars. 

Section  2.     Section  five  of  said  chapter,  prohibiting  Permit  for 
the  burial  or  removal   of  a  human  body  until  a  proper  removai'^of 
certificate  is  furnished,  is   amended  so   as  to  read  as  fol-  son*to^be  ^*^'^' 
lows  :  —  Section  5.     No  undertaker,  sexton  or  other  per-  procured. 
son  shall  Ijury  in  a  city  or  town  or  remove  therefrom  the 


246  1888.  —  Chapter  307. 

pro^urVd.*^^  body  of  a  deceased  person  until  he  has  received  a  pennit 
so  to  do  from  the  board  of  health  or  its  duly  appointed 
agent,  or,  if  there  is  no  board  of  health  in  such  city  or 
town,  from  the  city  or  town  clerk.  No  such  permit  shall 
be  issued  until  there  has  been  delivered  to  such  board,  or 
agent  or  clerk,  as  the  case  may  be,  a  satisfoctory  written 
statement  containing  the  facts  required  by  this  chapter  to 
be  returned  and  recorded,  together  with  the  certificate  of 
the  attending  physician,  if  any,  as  required  by  section 
three  of  this  chapter,  or  in  lieu  thereof  a  certificate  as 
hereinafter  provided.  If  there  is  no  attending  physician, 
or  if  the  certificate  of  the  attending  physician  can  not  be 
obtained,  for  good  and  sufficient  reasons,  early  enough 
for  the  purpose,  the  chairman  of  the  board  of  health  or 
any  physician  employed  by  a  city  or  town  for  the  purpose 
shall,  upon  request  of  said  board,  agent  or  clerk,  make 
such  certificate  as  is  required  of  the  attending  physician  ; 
and  in  case  of  death  by  violence  the  medical  examiner 
shall ,  if  requested,  make  the  same.  When  such  satisfactory 
statement  and  certificate  are  delivered  to  the  board  of 
health  or  to  its  agent,  the  board  or  agent  shall  forthwith 
countersign  and  transmit  the  same  to  the  clerk  or  registrar 
for  registration.  The  person  to  whom  the  permit  is  so 
given  shall  thereafter  furnish  for  registration  any  other 
information  as  to  the  deceased  or  to  the  manner  and  cause 

Penalty.  of  the  death,  as  the  clerk  or  registrar  may  require.     Any 

person  violating  any  of  the  provisions  of  this  section  shall 
be  punished  by  a  fine  not  exceeding  fifty  dollars. 

Approved  May  4,  1888. 

Chap.307  ^^  -^CT  RELATIVE  TO  THE  RIGHT  OF  THE  PUBLIC  TO  EXAMINE 
THE  LISTS  OF  VALUATION  AND  ASSESSMENT  OF  CITIES  AND 
TOWNS. 

Be  it  enacted,  etc.,  as  follows : 
Residents,  etc.,        Section  1 .     Scctiou  fifty  of  chapter  eleven  of  the  Public 

to  nave  free  r-i  •     i  i'  i 

access,  for  Statutcs  IS  hereby  amended  so  as  to  read  as  follows  :  —  Sec- 
list  of  valuation  tiou  50.  They  shall  make,  upon  the  blank  books  furnished 
in  accordance  with  section  fifty-two,  a  list  of  the  valuation 
and  the  assessment  thereon,  and  before  the  taxes  assessed 
are  committed  for  collection,  shall  deposit  the  same,  or 
an  attested  copy  thereof,  in  their  office,  or  if  there  is  no 
office,  with  their  chairman,  for  public  inspection.  The 
residents  and  non-resident  property  holders  of  each  city 
or  town  shall,  at  all  reasonable  times  have  free  access  to 


and  assessment. 


188S.  —  Chapters  308,  309.  247 

its  respective  list  of  valuation  and  assessment  and  if  the 
assessors  refuse  or  neglect  to  sul)mit  the  said  list  to  the 
inspection  of  any  of  said  residents  or  non-resident  property 
holders  upon  request,  each  assessor  so  refusing  or  neglect- 
ing shall  forfeit  a  sum  not  exceeding  one  hundred  dollars 
in  each  case. 

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

Approved  May  4,  1888. 


Chap.308 


An  Act  to  provide  for  the  disposal  of  fees  received  by 

CITY   officials. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Any  city  of  the   Commonwealth  may  by  cuiesmaypie- 
ordinance  prescribe  that  all  fees,  charges  and  commissions  nance  that*city 
of  every  kind  and  description  allowed  by  law  to  the  city  pajdsi'iariesi'n 
clerk,  city  treasurer,  collector  of  taxes  or  any  other  offi-  neuoffees. 
cial   of  such  city  shall  be  paid  by  such  official  into  the 
treasury  of  such  city  and  become   the  property  thereof. 
Such  city  is  hereby  authorized  to   pay  to   such  officials 
such  compensation  for  their  services  as  the  city  council 
thereof  may  from  time  to  time  determine,  which  shall  be 
in  full  compensation  for  their  services. 

Section  2.    No  ordinance  passed  in   accordance   with  [^""^Ikreffecr* 
the  provisions  of  this  act  shall  take  effect  before  the  first  before  January 
day  of  eianuary  in  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Approved  May  7,  1888. 


Cha27.^09 


An  Act  to  authorize  the  city  of  brockton  to  provide  for 
surface  drainage,  and  to  improve  the  brooks  and  natural 
streams  within  the  limits  of  said  city. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  city  council  of  the  city  of  Brockton  May  adopt  a 
may  adopt  a  system  of  drainage  for  a  whole  or,  from  time  drainage, 
to  time,  for  different  parts  of  its  territory,  and  may  pro- 
vide by  ordinance  that  assessments  for  making  the  same 
shall  be  made  upon  estates  within  such  territory  by  a  fixed 
uniform  rate. 

Section  2.     The  board  of  mavor  and  aldermen  of  said  m^*!' ciwnije 
city,  for  the  purpose  of  surface  drainage,  may,  within  the  natural  streams, 
limits  of  said  city,  alter,  change,  widen,  straighten  and 
deepen  the  channels  of  any  brooks  or  natural   streams, 


248 


1888.— Chapter  309. 


May  establish 
grades  of 
stieams,  and 
may  require 
owners  to  raise 
surface  of  laud 
and  to  All  the 
same. 


If  owners  fail  to 
comply, mayor 
and  aldermeu 
may  raise  grade. 


To  cause  a 
description  of 
the  land  taken  to 
be  recorded  in 
the  registry  of 
deeds. 


remove  obstructions  in  or  over  the  same,  cover,  pave  or 
inclose  them  in  retaining  walls,  as  far  as  they  shall  adjudge 
necessary ;  and  the  more  etiectually  to  make  said  im- 
provements may  take  and  hold  by  purchase  or  otherwise 
such  lands,  Avater  rights,  dams,  easements  or  other  real 
estate  within  the  limits  of  said  city,  as  said  board  of  mayor 
and  aldermen  may  adjudge  necessary  for  the  purposes  of 
this  act. 

Section  3.  The  board  of  mayor  and  aldermen  of  said 
city  may  establish  such  grades  in  the  different  parts  of 
the  valleys  of  said  brooks  and  natural  streams,  within  the 
limits  of  said  city,  as  it  may  adjudge  to  be  necessary  for 
the  complete  drainage  thereof,  and  the  preservation  of  pub- 
lic health,  and  may  from  time  to  time  require  the  owners 
of  land  in  said  valleys,  or  any  of  them,  to  raise  the  surfoce 
of  said  land  to  the  established  grade,  and  to  till  the  same 
with  good  materials  to  the  approval  of  said  board  of 
mayor  and  aldermen.  All  orders  under  this  section  shall 
be  made  in  writing  and  served  in  the  mode  provided  for 
servino;  orders  of  boards  of  health  for  the  abatement  of 
nuisances. 

Section  4.  If  any  owner  of  land  so  required  to  be 
filled  fails  to  comply  with  any  such  order  within  six 
months  after  service  thereof,  the  said  board  of  mayor  and 
aldermen  may  cause  such  land  to  be  filled  with  proper 
materials  to  the  established  grade,  and  all  necessary 
expenses  incurred  thereby  shall  be  a  lien  on  said  land,  and 
may  be  collected  in  the  manner  provided  for  collection  of 
taxes  upon  real  estate  and  in  case  of  land  sold  for  taxes. 
Any  person  dissatisfied  with  the  assessment  so  made  upon 
his  land  for  the  expense  of  filling  the  same  may  give 
notice  thereof  in  writing  to  the  said  city  council  within 
six  months  after  such  assessment  is  made,  and  the  said 
city  shall  thereupon  take  said  land. 

Section  5.  AYithin  sixty  days  after  the  taking  of  any 
land  under  the  preceding  sections,  the  said  city  council 
shall  cause  to  be  filed  and  recorded  in  the  registry  of 
deeds  for  the  county  of  Plymouth  a  description  of  the 
land  so  taken  sufiiciently  accurate  for  identification,  with 
a  statement  that  the  same  is  taken  pursuant  to  the  pro- 
visions of  this  act,  which  description  and  statement  shall 
be  signed  ])y  the  mayor  of  said  city,  and  the  title  to  the 
land  so  taken  shall  thereupon  vest  absolutely  in  the  said 
city. 


18S8.  — Chapter  309.  249 

Section  6.  If  any  person  whose  land  or  rights  are  Payment  for 
taken  under  this  act  agrees  with  said  city  upon  the  dam-  ''™'*^''*" 
age  done  to  him  by  such  taking,  the  same  shall  be  forth- 
with paid  to  him  by  said  city.  If  any  person  whose  land 
or  rights  are  so  taken,  or  who  sutlers  damage  or  injury 
in  his  property  or  rights  from  any  act  of  said  city  or  its 
agents  in  the  execution  of  the  powers  conferred  by  this 
act,  cannot  agree  with  said  city  as  to  the  value  of  the 
estate  so  taken  or  as  to  the  injury  so  suffered,  the  amount 
of  his  damages,  making  due  allowance  for  the  improve- 
ment of  raising  grade,  shall  be  ascertained  and  recovered 
as  in  the  laying  out  of  highways. 

Section  7.     At  any  time  within  two  years  after  any  Assessmemfor 

,  ,  ,,  •^.  .,....•  -,.  ^     betterniente. 

brook  or  natural  stream  m  said  city  is  improved,  in  any 
of  the  ways  mentioned  in  this  act,  if,  in  the  opinion  of  the 
board  of  mayor  and  aldermen  of  said  city,  any  real  estate 
in  said  city,  including  a  portion  of  that  which  has  been 
taken  or  tilled  for  such  improvements,  receives  benefit  or 
advantage  therefrom  beyond  the  general  advantages  to  all 
real  estate  in  said  city,  such  board  shall  determine  the 
value  of  said  benefit  and  advantage  to  such  real  estate  and 
may  assess  upon  the  same  such  a  proportional  share  of  the  « 

expense  of  making  such  improvement  as  they  may  deem 
just  and  equitable  ;  such  assessments  shall  not  be  made 
until  the  work  of  making  such  improvement  is  completed, 
and  may  be  equal  to  or  less  than  the  expense  of  making 
such  improvement.  All  laws  now  in  force  in  relation  to 
the  assessment  and  collection  of  betterments  in  the  case 
of  the  laying  out,  altering,  widening,  grading  or  discontin- 
uing of  highways  shall,  so  far  as  the  same  are  applicable 
and  not  inconsistent  with  the  provisions  of  this  act,  apply 
to  the  doings  of  said  city  and  its  officers  under  this  sec- 
tion, 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  provided  by  law  for  the  cases  of  persons  aggrieved 
by  the  assessment  or  levy  of  betterments  in  the  la^ang 
out  of  highways. 

Section    8.     For  the  purpose    of  defraying  all    costs  city  of  Brockton 
and    expenses    for   the    purposes    aforesaid,    the    city    of  Act'onsss.*'*"' 
Brockton  is  hereby  authorized  to  borrow,  in  the  manner 
provided  in  chapter  twenty-nine  of  the  Public  Statutes, 
a  sura  of  money  not  exceeding  fifty  thousand  dollars,  and 
for  this  purpose  may  issue  from  time  to  time  negotiable 


250 


1888.  — Chapter  309. 


May  sell  securi- 
ties, or  pledge 
the  same  for 
money  bor- 
rowed. 


The  words 
"  drainage  " 
and  "  drain  " 
defined. 


Nuisance  may 
be  abated  by  "the 
state  board  of 
health. 


bonds,  notes  or  scrip  not  exceeding  said  timount.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words 
City  of  Brockton  Drainage  Loan,  Act  of  1888,  and  shall 
be  payable  at  the  expiration  of  periods  not  exceeding 
twenty  years  from  the  date  of  issue,  and  bear  such  rate  of 
interest  as  the  city  council  may  determine,  not  exceeding 
six  per  centum  per  annum.  The  said  city  may  sell  such 
securities  at  public  or  private  sale  or  pledge  the  same  for 
not  less  than  the  par  value  for  money  borrowed  for  the 
purposes  of  this  act,  upon  such  terms  and  conditions  as 
it  may  deem  proper,  and  may  make  a  fixed  proportion  of 
the  principal  payable  annually.  The  sinking  funds  of  any 
loan  of  said  city  may  be  invested  in  said  bonds,  notes  or 
scrip.  The  return  required  by  section  ninety-one  of 
chapter  eleven  of  the  Pul)lic  Statutes  shall  state  the 
amount  raised  and  applied  under  this  section  the  current 
year. 

Section  9.  In  this  act  the  term  "  drainage  "  refers  to 
rainfall,  surface  and  subsoil  water  only,  and  the  term 
"  drain"  to  the  means  of  disposal  thereof;  and  nothing 
herein  contained  shall  be  construed  as  authorizing  the 
discharge  of  any  domestic  or  manufacturing  filth  or 
refuse,  or  other  polluting  substances,  into  any  of  the 
brooks  or  natural  streams  within  the  city  of  Brockton, 
either  directly  or  through  any  drain  that  may  be  con- 
structed under  the  provisions  of  chapter  fifty  of  the  Pub- 
lic Statutes,  or  as  a  part  of  the  system  of  drainage 
authorized  by  this  act.  Such  system  of  drainage,  before 
its  construction,  shall  be  subject  to  approval  by  the  state 
board  of  health,  who  may  modify  and  amend  the  same  if 
desirable,  and  may  give  public  hearings  thereon  before 
approving  it,  if  need  be.  In  case  of  the  violation  of  any 
of  the  provisions  of  this  act,  or  the  creation  of  a  nuisance, 
appeal  may  be  had  to  the  state  board  of  health,  who  may 
order  the  abatement  of  any  nuisance,  if  in  their  judgment 
there  is  cause  therefor.  Any  court  having  jurisdiction  in 
equity  may,  upon  the  application  of  said  board,  by  any 
process  or  decree,  enforce  the  decision  of  said  board  in 
the  premises. 

Section  10.     This  act  shall  take  efifect  upon  its  passage. 

Approved  May  9,  1888. 


1888.  —  Chapter  310.  251 


Ax    Act    to  require    the    equipment    of    fire    departments  C'lfriYt  SIO 

"WITH   apparatus    FOR  THE   SAVING   OF    LIFE   AT   FIRES. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Every  city  and  town  liavino-  a  fire  de])art-  Fire  depart- 

ii'ii  'i  •        1  T  1  111    nients  to  be 

ment  established  and  organized  according  to  law  shall  equipped  wuh 
provide  and  keep,  as  a  part  of  the  equipment  of  such  saving  life  at 
department,  one  or  more  of  each  of  the  following  pieces  ^''^^' 
of  apparatus,  and  when  any  such  city  or  town  is  divided 
into  fire  districts  and  only  the  fire  department  within  any 
such  district  responds  to  a  first  alarm  of  fire  therein,  one 
or  more  of  each  of  such  pieces  of  apparatus  shall  be  pro- 
vided and  kept  in  each  such  district :  First,  a  gun  or  other 
suitable  device  capa1)le  of  shooting  or  throwing  an  arrow 
or  other  missile,  with  a  cord  attached  thereto,  over  the 
top  of  or  into  any  window  of  any  building  within  such 
city  or  town,  together  with  all  needful  appliances  for 
properly  working  the  same  ;  second,  a  "  chute,"  so  called, 
made  of  canvas  or  other  suitalile  material,  rendered  unin- 
flammable, of  suflicient  length  to  reach,  at  a  proper  angle 
of  inclination,  from  the  ground  to  any  window  in  any 
such  building,  said  chute  being  provided  with  proper 
means  of  fastening  the  upper  end  thereof  and  having  a 
flexible  ladder  attached  thereto;  and  third,  a  "life-net" 
or  "  jumping-net,"  so  called,  suitable  for  breaking  the 
fall  of  a  person  jumping  from  the  top  story  of  any  such 
building.  In  every  city  and  town  subject  to  the  pro- 
visions of  this  section  one  or  more  of  each  of  the  above 
named  pieces  of  apparatus  shall  be  taken  to  every  fire 
occurrino;  therein  in  a  l)uildina'  over  two  stories  in  height. 

Section  2.     The  proper  authorities  of  the  several  fire  Apparatus  to  be 
departments  shall    see   that  the  above  named    pieces    of  coudiUon°and 
apparatus  are    kept  at  all  times  in    good    condition  and  [,amedu^te  use. 
ready  for  immediate  use,  and  that  a  suflicient  number  of 
firemen   are    periodically    practised    and   trained    in    the 
proper  handling  and  use  of  the  same. 

Section  3.     Any  city  or  town  violating  the  provisions  Penalty. 
of  this  act  shall  be  sul)ject  to  a  fine  of  not  less  than  fifty 
nor  more  than  five  hundred  dollars. 

Section  4.     This  act  shall  take  eft'ect  on  the  first  day  to  take  effect 
of  November  in  the  year  one  thousand  eight  hundred  and  isssf"  ^"^  ' 
eighty-eight.  Approved  May  9,  18S8. 


252  1888.  — Chapters  311,  312. 


C/ldp.'SW    "^^     ■'^CT     TO     PUNISH    THE    SENDING     OF     WOMEN     AND     GIRLS     TO 
HOUSES    OF  ILL-FAME   AND   THEIR   DETENTION  THEREIN. 

Be  it  enacted^  etc.,  as  follows: 

P'™8hment  for      SECTION  1.     Wlioever,  either  for  himself  or  herself  or 
woman  or  gill     .IS    ao-eiit    or   employee    of    another   person,    knowino-U- 

to  a  house  of  ,  -i  \     4.      •  t  •    1/ 

ill-fame.  sencls,  or  aids  or  abets  in  sending,  any  woman  or  girl  to 

enter  as  an  inmate  or  a  servant,  any  house  of  ill-fame  or 
,  other  place  resorted  to  for  the  purpose  of  prostitution, 
shall  for  each  offence  be  punished  by  fine  of  not  less  than 
one  hundred  nor  more  than  five  hundred    dollars,  or  by 
imprisonment  in  the  house  of  correction  or  the  jail  for 
not    less  than  three  months  nor   more  than   two    years. 
keeplr^onnteiii-  Whocvcr   as  propnctor  or   keeper  of  an  intelligence  or 
gence  office.       employment  office,  either  personally  or  through  an  agent 
or  employee,  sends  any  woman  or  girl  to  enter  as  afore- 
said any  house  of  ill-fame  or  other  place  resorted  to  for 
the  purpose  of  prostitution,  the  character  of  which  could 
have  been  ascertained  by  him  on  reasonable  inquiry,  shall 
for  each  offence  be  punished  by  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars. 
detain^^^a'^  ^°'       Section  2.     Any  person  who,  for  any  length  of  time 
woman  or  girl     whatsocvcr,  uiilawfuUy  dctains  or  attempts  to  detain,  or 

in  A 110118G  01  •  '  «/  L  ' 

jiifame.  aids  or  abets  in    unlawfully   detaining  or  attempting   to 

detain,  or  administers  or  aids  or  abets  in  administering 
any  drug  for  the  purpose  of  detaining,  any  woman  or 
girl  in  any  house  of  ill-fame  or  other  place  resorted  to 
for  the  purpose  of  prostitution,  shall  for  each  offence  be 
punished  by  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars  or  by  imprisonment  in  the  house 
of  correction  not  less  than  one  year  nor  more  than  three 
years,  or  in  the  state  prison  not  more  than  five  years. 
Section    3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1888. 

Chctp.Sl.2  ^^  ■^^'^  '^^  AUTHORIZE  THE  TOWN  OF  MARLBOROUGH  TO  CON- 
STRUCT AND  MAINTAIN  A  SYSTEM  OF  SEWERAGE  AND  SEWAGE 
DISPOSAL. 

Be  it  enacted.)  etc.,  as  follows : 
May  establish  a        Section  1.     The  town  of  Marlborouffh  may  lay  out, 

eystem  of  sew-  ^ji-j-  ,  /.  i 

erage  and  coiistruct  aiid  maintain  a  S3^stem  oi  sewerage  and  sewage 

aeuage  isposa .  (]j>^pQgjj|  f^^.  g.^|(^  towu,  and  shall  liavc  full  power  to  take, 

by  purchase  or  otherwise,  any  lands,  water  rights,  rights 


1888.  —  Chapter  312.  253 

of  way  or  easements  in  the  town  of  Marlborough  neces- 
sary for  the  establishment  of  such  system  of  sewerage 
and  sewage  disposal  and  the  connections  therewith. 
Assessments    for   defraying  the    expense  of  constructins;  Assessments  for 

d.     J     •     •  1 1  V         'J  M  *"    expense  of  con- 

mamtammg  the  common  sewers  ot  said  system  may  etiuction  and 

be  made  by  the  selectmen  of  said  town  upon  persons  and  •n^'^tenance, 

estates   in  the    manner  provided  by  chapter  lifty  of  the 

Public  Statutes  and  acts  in  amendment  thereof,  and  all 

the  provisions  of  said  chapter  and  acts  applicable  shall 

apply  to  assessments  so  laid. 

Section  2.     No  act  shall  be  done  under  the  authority  system  and 

J.    .1  ,.  ,.  ,.1  .J  ,  J     1  J.'  location   subject 

ot  the  precedmg  section  until  said  system  and  location  to  approval  by 

has  been  approved  by  the    state    board  of  health,  after  o^VJaUh!'""''' 

fourteen  days'  notice  by  said  board  of  the  presentation  to 

it  of  such  system  for  its  approval,  by  a  publication  of 

such  notice,  with  the  time  and  place  for  a  hearing  thereon, 

in  such  newspapers  and  at  such  times  as  said  board  may 

deem    proper ;    and  said  board  after  hearing  may  reject 

such  system,  may  approve  it,  or  may  modify  and  amend 

the  same,  and  approve  it  as  so  moditied  and  amended. 

Section  3.     AVhen  any  lands,  water  rights,  rights  of  P^^.^H''"""  P'' 

./  '  O  '         o  laud,  etc.,  taken 

way,  easements,  or  other  real  estate  are  to  be  taken  by  to  be  recorded 
said  town,  under  and  by  virtue  of  this  act,  in  any  manner  of  deeds. 
other  than  by  purchase,  said  town  shall  tile  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  and 
district  in  which  said  lands,  water  rights,  or  other  real 
estate  lie,  a  description  of  the  same  as  certain  as  is 
required  in  a  common  conveyance  of  land,  with  a  state- 
ment of  the  purpose  for  which  the  same  is  taken,  signed 
by  the  selectmen  of  said  town ;  and  upon  such  filing  the 
title  to  the  lands,  water  rights,  rights  of  way,  easements 
or  other  real  estate  so  described  shall  vest  in  said  town. 

Section  4.  Said  town  shall  pay  all  damao;es  sustained  Jowntopay 
by  any  person  or  corporation  m  property  by  reason  ot 
such  taking,  and  any  person  or  corporation  sustaining 
damages  as  aforesaid,  who  fails  to  agree  with  said  town 
as  to  the  amount  of  damages  sustained,  may  have  the 
damages  assessed  and  determined  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  highways, 
on  application  at  any  time  within  the  period  of  two  years 
from  the  taking  of  such  land  or  other  property. 

Section  5.     Said  town  may,  for  the  purposes  of  this  May  carry 
act,  carry  its  sewers  under  any  street,  railroad,  highway,  sueets.etc'ltaud 
or  other  way  in  such  a  manner  as  not  unnecessarily  to  pdvatelalfd. 


254 


1888.  — Chapter  312. 


May  offer  in 
court  and  con- 
sent that  a  Biim 
specified  may 
lie  awarded  as 
damages. 


May  raise  not 
more  than 
$50,000  in  ex- 
cess of  debt 
limit. 


Marlborough 
Sewer  Loan, 
Act  of  1888. 


Four  persons 
elected  by  bal- 
lot with  the 
selectmen  to 
constitute  a  con- 
struction 
committee. 


ohstruct  the  same,  and  may  enter  upon  and  dig  up  any 
private  land  and  do  any  other  thing  necessary  or  proper 
in  executing  the  purposes  of  this  act. 

Section  6.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages,  or  for  a  jury,  the  said  town  may  oflfer 
in  court,  and  consent  in  writing,  that  a  sum  therein  speci- 
fied may  be  awarded  as  damages  to  the  comphiinant :  and 
if  the  comphiinant  shall  not  accept  the  same  within  ten 
days  after  he  has  received  notice  of  such  offer,  and  shall 
not  finally  recover  a  greater  sum  than  the  sum  offered, 
not  including  interest  on  the  sum  recovered  in  damages 
from  the  date  of  the  offer,  the  said  town  shall  be  entitled 
to  recover  its  costs  after  said  date,  and  the  complainant, 
if  he  recovers  damages,  shall  be  allowed  his  costs  only  to 
the  date  of  the  offer. 

Section  7.  Said  town  of  Marlborough  is  hereby 
authorized  to  raise  and  appropriate  in  such  manner  as  it 
shall  determine  such  sum  of  mone\',  not  exceeding  fifty 
thousand  dollars  beyond  the  limit  of  indebtedness  now 
fixed  by  law  for  said  town,  as  shall  be  required  to  carry 
out  the  provisions  of  this  act ;  and  for  money  borrowed 
may  from  time  to  time  issue  negotiable  bonds,  notes  or 
scrip,  signed  by  the  treasurer  and  countersigned  by  a 
majority  of  the  selectmen,  to  be  denominated  on  the  face 
thereof  Marlborough  Sewer  Loan,  Act  of  eighteen  hun- 
dred and  eighty-eight,  payable  at  the  expiration  of 
periods  not  exceeding  twenty  years  from  the  date  of  issue, 
and  bearing  such  rate  of  interest  not  exceeding  six  per 
centum  per  annum,  as  said  town  may  determine.  The 
said  town  may  sell  such  securities  at  public  or  private 
sale,  or  pledge  the  same  for  not  less  than  the  par  value 
thereof  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper, 
and  may  make  payable  annually  a  fixed  proportion  of  the 
principal  of  said  bonds,  notes  or  scrip,  and  said  town 
shall  annually  raise  by  taxation  the  amount  required  to 
meet  such  interest,  and  the  proportion  of  the  principal 
payable  annually.  The  sinking  funds  of  any  loan  of  said 
town  may  be  invested  in  said  bonds,  notes  or  scrip. 

Section  8.  At  the  meeting  hereinafter  provided  for 
the  acceptance  of  this  act,  or  at  anj'  legal  meeting  called 
for  this  purpose,  four  persons  shall  be  elected  by  ballot, 
who  with  the  selectmen  of  said  town  shall  constitute  a 
construction  committee  to  contract  for  and   superintend 


1888.  —  Chaptee  312.  255 

the  construction  and  completion  of  the  main  sewers  and 
system  of  sewerage  authorized  by  this  act  and  approved 
by  the  state  board  of  health,  and  who  shall  exercise  all 
the  rights,  powers  and  privileges  for  that  purpose  herein 
granted,  subject  however  to  the  instructions  and  direc- 
tions of  said  town.  The  selectmen  of  said  town  shall  ^al^e'^chf^gl" 
have  charge  of  said  sewers  and  system  of  sewage  disposal  '^,gj®"j*'°™' 
when  completed  as  herein  provided,  and  shall  thereafter 
exercise  all  the  rights,  powers  and  authority  granted  to 
said  town  relative  to  the  duties  appertaining  thereto. 

Section  9.     In  carrying;  out  the  plan   authorized    by  Nuisance  may 

•  be  abated  bv 

this  act,  the  town  of  Marlborough  shall  at  all  times  man-  the  state  board 

age  and  dispose  of  its  sewage  in  such  a  manner  as  not  to  °^  ^^'*'^'^- 

render   injurious   to   the    public   health   the  waters   into 

w^hich  any  effluent  from  its  sewage  is  discharged.     If  at 

any  time  a  nuisance  is  created,  or  the  waters  aforesaid 

are    rendered    injurious    to   the  public  health,  the    state 

board  of  health  shall,  upon  application  of  the  selectmen 

of  any  town  adjacent  to   said  Marlborough,   or  to  the 

waters  aforesaid,  alleging  the  existence  of  a  nuisance,  or 

the  pollution  of  the  waters  aforesaid  to  such  a  degree  as 

to  be  injurious  to  the  public  health,  appoint  a  time  and 

place  for  a  public  hearing  thereon,  and  give  due  notice 

thereof  to  all  parties  interested.     After  such  hearing,  the 

state  board  may,  if  in  its  judgment   there    is    occasion 

therefor,  order  the  town  of  Marlborough  to  abate  such 

nuisance,  or  to  cleanse  or  purify  the  polluting  substances 

before  they  are  discharged  into  the  waters  aforesaid  in 

such  a  manner  and  to  such  a  degree  that  they  shall  no 

longer  be  deleterious  to  the  public  health.     Any  court 

having  jurisdiction  in  equity  may,  upon  the  application  of 

said  board  or  the  selectmen  of  any  town  authorized  by 

this    section   to    enter  a  complaint,   by  any   process    or 

decree,  enforce  the  orders  of  said  board  in  the  premises. 

Section  10.     This  act  shall  take  eifect  upon  its  pas- 
sage,   but   no    expenditure    shall   be   made,    or    liability 
incurred  under  the  same,  except  for  preliminary  surveys  No  expenditure 
and  estimates,  unless  this  act  shall  be  first  accepted  by  a  untiiactie' 
vote  of  a  majority  of  the  legal  voters  of  said  town  present  majlfrny  vote. 
and  voting  thereon  at  a  legal  meeting  called  for  that  pur- 
pose within  tw^o  years  from  the  passage  of  this  act,  and 
not  more  than  three  of  said  meetings  shall  be  called  each 
year  during  said  years.  Approved  May  9,  ISSS. 


256 


1888.  — Chapters  313,  311. 


County  comrais- 
eioners  may 
regulate  the 
speed  at  which 
persons  may 
ride  or  drive 
over  certain 
bridges. 
18S2,  108,  §  1. 


Chcip.3\3  '^^  ^^"^  TO  AMEND  AN  ACT  TO  AUTHOUIZE  COUNTY  COMMISSION- 
ERS TO  CONTROL  TRAVEL  OVER  BRIDGES  CONSTRUCTED  OR  MAIN- 
TAINED  IN   WHOLE   OR   IN   PART   BY   A   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-two  is 
herehy  amended  by  striking  out  the  words  "  to  prevent 
persons  from  riding  or  driving",  in  the  second  and  third 
lines  thereof,  and  inserting  in  the  place  thereof  the 
Avords  :  —  regulating  the  speed  at  which  persons  ma}^  ride 
or  drive,  —  and  liy  striking  out  the  words  "at  a  rate 
faster  than  a  walk",  in  the  third  line  thereof,  so  that  said 
section  as  amended  shall  read  as  follows:  —  Section  1. 
The  county  commissioners  for  each  county  may  establish 
l>y-laws  regulating  the  speed  at  which  persons  may  ride 
or  drive  horses  or  other  beasts  over  any  bridge  in  such 
county  which  has  cost  not  less  than  one  thousand  dollars 
and  to  the  construction  of  which  the  county  contributed, 
or  to  the  maintenance  of  which  it  contributes,  and  may 
annex  penalties  not  exceeding  two  dollars  for  a  breach 
thereof,  to  be  recovered  in  the  name  of  the  county  treas- 
urer. Approved  May  9,  1888. 


Ghcin.VtW:   ^    ^'^'^    '^^     ESTABLISH     ADDITIONAL    TERMS      OF      THE      SUPERIOR 

COURT   FOR   THE   COUNTY   OF   BRISTOL. 


Terras  of  the 
superior  court 
for  the  couuty 
of  Bristol  at 
Taunton  and 
New  Bedford. 


Processes,  etc., 
of  the  nature  of 
criminal  busi- 
ness returnable, 
etc.,  on  first 
Monday  of 
November. 


Term  at  New 
Bedford  on  first 
Monday  of  May. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Terms  of  the  .superior  court  shall  be  held 
within  and  for  the  county  of  Bristol  as  follows :  At 
Taunton  on  the  first  Monday  of  February  and  the  first 
Monday  of  November  in  each  year,  and  at  New  Bedford 
on  the  first  Monday  of  June  in  each  year  for  the  transac- 
tion of  the  criminal  business  of  said  county,  exclusively. 

Section  2.  All  appeals,  recognizances,  processes  and 
every  other  matter  and  thing  of  the  nature  of  criminal 
business  which  would  be  returnable  to  or  have  day  in  the 
superior  court  to  be  holden  in  said  county  on  the  first 
Monday  of  September  next,  if  this  act  had  not  been 
passed,  shall  be  returnable  to  and  hav^e  day  in  that  court 
at  the  term  thereof  herel)y  established  to  be  held  on  the 
first  Monday  of  November  next. 

Section  3.  The  sitting  of  the  court  now  provided  by 
law  to  be  held  at  New  Bedford  on  tl^e  first  Monday- of 


1888.  —  Chapters  315,  316.  257 

June  shall  hereafter  l)e  held  on  the  first  Monday  of  May 
in  each  year. 

Section  4.     Either  of  the  terms  provided  for  in  the  Either  term  may 
first  section  of  this  act  may  l)e  adjourned  to  Fall  River  t'o  I^!iiruivcr. 
in  the  same  manner  and  with  the  same  eft'ect  as  an  adjourn- 
ment from  one  shire  town  to  another  ;  and  an  adjournment 
so  made  shall  l)e  subject  to  all  the  provisions  of  law  re- 
lating to  adjournments  from  one  shire  town  to  another. 

Section  5.     This  act  shall  take  efi'ect  on  the  first  day  to  taue  effect 
of  July  next.  Approved  May  9,  1888.      '  "'^  ''  ^''"'"'' 

An  Act  to  enable  tenants  under   obligation   to   pay  taxes  nhrj^-,  Q1  r 

ASSESSED    ON     REAL     ESTATE     TO      APPLY     FOR      AN     ABATEMENT 
THEREOF. 

Be  it  enacted,  etc.,  as  folloios:  * 

Section  1.     Section  sixty-nine  of  chapter  eleven  of  the  Tenants payin- 
Pul)lic   Statutes  is  hereby   amended    by    adding  thereto  eM!ae'an'7under 
the    following,  to  wit:  —  and    tenants    paying    rent    for  "|^'''j!"J°",|°^, 
real    estate,  and   under  ol)ligation  to   pay  the  whole  or -''^'y  ^o'' ='" 
a   major   part    of    the    taxes    assessed  thereon,    may    so 
apply  in  behalf  of  the  owner  and  with  like  ettect  as  if 
the  owner  had  applied,  and  no  neglect  of  the  owner  to  file 
a  list  of  his  estate  shall  })revcnt  the  making  an  abatement, 
if  it  appears  that  such  abatement  should  be  made. 

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

Approved  May  9,  1888. 


An  Act  to  regulate  the  erection  and  construction  of  cer- 
tain BUILDINGS. 


Chap.mQ 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  building  designed  to  be  used  in  whole  Regni.-itions  for 
or  in  part,  as  a  public  building,  public  or  private  institu-  of piu,'ik-bluiir 
tion,  school-house,  church,  theatre,  puldic  hall,  place  of  i'lp,  theatres, 

'  '  (•IT  11^^^'^   school  houses, 

assemblage  or  place  oi  public  resort,  and  no  building  public  haiis, 
more  than  two  stories  in  height  designed  to  be  used  above 
the  second  story,  in  whole  or  in  part,  as  a  factory,  Avork- 
shop  or  mercantile  or  other  establishment  and  having 
accommodations  for  ten  or  more  employees  above  said 
story,  and  no  building  more  than  two  stories  in  height 
designed  to  be  used  above  the  second  story,  in  whole  or 
in  part,  as  a  hotel,  family  hotel,  apartment  house,  board- 
ing house,  lodging  house  or  tenement  house  and  having 
ten  or  more  rooms  al)ove  said  story,   shall  hereafter  be 


258 


1888.  — Chapter  316. 


Powers  and 
duties  of  the 
inspector. 


Penalty  for 
violation  of  the 
provisions  of 
this  act. 


To  take  effect 
October  1,  188 


erected,  unless  in  process  of  erection  at  the  date  of  the 
passage  of  this  act,  until  a  copy  of  the  plans  of  such  build- 
inir  has  been  deposited  with  the  inspector  of  factories  and 
public  l)uildings  for  the  district  in  which  such  building  is 
to  be  located,  if  outside  of  the  city  of  Boston,  or  with  the 
inspector  of  buildings  of  the  city  of  Boston,  if  within  said 
city,  together  with  a  copy  of  such  portion  of  the  specifica- 
tions of  such  l)uilding  as  such  inspector  may  require,  nor 
shall  any  such  building  be  so  erected  without  the  provision 
of  sufficient  w^ays  of  egress  and  other  means  of  escape 
from  lire,  properly  located  and  constructed  ;  the  certifi- 
cate of  the  inspector  above  named  endorsed,  if  the  build- 
ing is  to  be  located  outside  of  the  city  of  Boston,  with  the 
approval  of  the  chief  of  the  district  police  force,  shall  be 
conclusive  evidence  of  a  compliance  with  the  provisions  of 
this  act,  provided  that  after  the  granting  of  such  certifi- 
cate no  change  is  made  in  the  plans  or  specifications  of 
such  ways  of  egress  and  means  of  escape  unless  a  new^ 
certificate  is  obtained  therefor.  Such  inspector  may  re- 
quire that  proper  fire  stops  shall  be  provided  in  the  floors, 
walls  and  partitions  of  such  buildings  and  may  make  such 
further  requirements  as  may  be  necessary  or  proper  to 
prevent  the  spread  of  fire  therein  or  its  communication 
from  any  steam  boiler  or  heating  apparatus  ;  and  no  pipe 
for  conveying  hot  air  or  steam  in  such  building  shall  be 
placed  nearer  than  one  inch  to  any  wood-work  unless  pro- 
tected to  the  satisfaction  of  such  inspector  by  suitable 
guards  or  casino-s  of  incombustible  material,  and  no 
wooden  flue  or  air-duct  for  heating  or  ventilating  pur- 
poses shall  be  placed  in  any  such  building. 

Section  2.  Any  person  erecting  or  constructing  a 
building  in  violation  of  the  provisions  of  this  act  shall  be 
punished  by  flne  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  such  erection  or  construction  may 
be  enjoined  in  a  proceeding  to  be  had  before  the  superior 
or  supreme  judicial  court  at  the  instance  of  the  inspector 
above  named,  and  upon  the  filing  of  a  petition  for  such 
injunction  any  justice  of  the  court  in  which  such  proceed- 
ing is  pending  may  issue  a  temporary  injunction  or  re- 
straining order,  as  provided  in  proceedings  in  equity. 

Section  3.  This  act  shall  take  efiect  on  the  first  day 
"  of  October  in  the  year  one  thousand  eight  hundred  and 
eighty-eight.  Approved  May  9,  1888. 


1888.  — Chapters  317,  318.  259 


An  Act  in  relation  to  the  release  of  prisoners  from  the  HLQ-n  ^17 

MASSACHUSETTS  REFORMATORY.  "' 

Be  it  enacted^  etc.,  as  follows: 

Section  1 .     When  the  commissioners  of  prisons  have  Ponnit  to  pns- 
voted  to  issue  to  a   prisoner  held  in   the  Massachusetts  chusetts  ro^'^^*'^' 
reformatory  a  permit  to  be  at  liberty  during  the  remain-  fi°™;e°tyi  when 
der  of  his  term  of  sentence,  as  provided  in  section  thirty-  shuii  be  issued. 
three  of  chapter  two  hundred  and  fifty-live  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-four,  they  may  del- 
egate   to  a  committee  of  their  number,  or  to  their  sec- 
retary, until  their  next  ensuing  meeting,  the  authority  to 
decide  when  such  permit  shall  be  issued. 

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

Approved  May  9, 1888. 


Chap.31S 


An  Act  for  the  protection  of  great  ponds. 
Be  it  enacted.,  etc.,  as  folloivs : 

Section  1.     This  act  shall  l)e  deemed  to  apply  to  all  Provisions  to 
great  ponds   containing  in  their  natural  state  more  than  containi'ng°more 
ten  acres  of  land,  subject,  however,  to  any  rights  therein  ^'^^^ ''^^ '^cres. 
which  have  been  granted  by  the  Commonwealth. 

Section  2.     Except  as  authorized  by  the  general  court  structure  not  to 
and  i)rovided  in  this  act,  no  structure  shall  hereafter  be  asamhoriled^by 
built  or  extended,  or  piles  driven,  or  land  filled,  or  other  countTudpro- 
obstruction  or  encroachment  made,  in,  over  or  upon  the  vided  inthisact. 
waters  of  any   great    pond    below  the   high-water  mark 
thereof;    nor,  except  as   aforesaid,  shall  any  erection  or 
excavation,  whereby  the  level  of  the  waters  in  such  pond 
may  be  raised  or  lowered,  be  hereafter  made  at  or  upon 
any  outlet  thereof. 

Section  3.     All  persons  that  are  or  may  be  author-  Persona  author- 
ized by  the  general  court  to  build  or  extend  any  struc-  e'tc!!  tC  submit 
ture  or  to  do  any  other  work  aforesaid,  and  who  have  not  boa"d 'of ^harbor 
be^un  the  same,  shall,  before  beo-innino-  it,  g-ive  written  and  umd  com- 

o  '  '  o  o  '   o  niissionGi'S. 

notice  and  submit  plans  of  the  work  they  intend  to  do  to 
the  l)oard  of  harljor  and  land  commissioners ;  and  the 
provisions  of  section  eight  of  chapter  nineteen  of  the 
Public  Statutes  shall  apply  to  ail  such  works  and  to  tlie 
plans  therefor,  and  to  the  approval  thereof  l^y  said 
board.  . 

Section  4.     Said    board    may  license    any  person    to  Roardmay 
build  or  extend  a  wharf,  pier,  dam,  wall,  road,  bridge,  or  {obulm''wharf, 
other  structure,  or  to  drive  piles,  or  to  fill  land,  or  to  ex-  ®'''- 


260  1888.  — Chapter  319. 

ciivate,  ill  or  over  the  waters  of  any  great  pond  below  high- 
water  mark,  or  at  or  upon  any  outlet  thereof,  on  such  terms 
as  they  shall  i)rescrihe  ;  but  no  such  license  l)eyond  the  line 
of  riparian  ownership,  or  allecting  the  level  of  the  waters 
in  such  pond,  .shall  ])e  valid  unless  approved  l)y  the  gov- 
ernor and  council. 
R  s\'i'r§§°*^  Section  5.     The   provisions  of  sections   ten,   eleven, 

io-i:{,  iGto  twelve,  thirteen  and  sixteen  of  cha])ter  nineteen  of  the 
J^ublic  Statutes,  so  fiir  as  they  can  ap[)ly  to  other  than 
tide-waters,  shall  apply  to  great  ponds  and  the  waters  in 
and  the  land  under  the  same,  and  to  every  authority  and 
license  granted  by  the  general  court  or  by  said  board  in 
respect  thereto,  and  to  all  proceedings  uncler  the  same. 
frec\*e'd  without  Section  6.  Evcry  erection  and  work  aforesaid  made 
authority  to  be    or   douc    witliiu  thc  watcrs   of  a    o'reat   pond  or  outlet 

deemed  a  public     ,  n        •  ^  i         •  p  i       "^^  ^ 

nuisance.  thcrcot  witliout  authority  trom  the  general  court  or  troni 

said  board,  or  in  a  manner  not  sanctioned  by  said  board 
where  its  license  or  approval  is  required  as  liereinl)efore 
provided,  shall  be  deemed  a  pulilic  nuisance  and  liable  to 
indictment  as  such ;  and  said  board  niaj^  order  suits  on 
behalf  of  the  Commonwealth  to  prevent  or  stop  an}'  such 
nuisance  by  injunction  or  otherwise,  and  the  attorne}^- 
general  and  district  attorneys  within  their  districts  shall 
commence  and  conduct  such  suits. 
^?u Jd  as  ie°°ai-  Section  7.  Nothiug  in  this  act  shall  be  construed  as 
iziugauy    ^      leo-alizino;  any  structure,  tillino-,  or  other    occupation    of 

structure  etc.  o  o  */  -^  o'-  i 

heretofore     '    or  eiicroacliment  upon  the  waters  in  or  the  land  under 

made  without  /  niii?  i  i  -iij.! 

authority  of  law.  any  gi'cat  pond,  heretotore  made  or  done  without  due 
authorit}'  of  law,  or  as  waiving  or  impairing  any  rights 
or  remedies  of  the  Commonwealth  or  of  any  person  in 
respect  thereto. 

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

Approved  May  .9,  18S8. 

ChCtV  319  ^^    ■^^^  ^^    PROVIDE    FOR    REBUILDING    THE    BRIDGE    ACROSS   THE 
CONNECTICUT  RIVER  BETWEEN   HOLYOKE    AND    SOUTH    IIADLEY. 

Be  it  enacted,  etc. ,  as  folloics  : 
cornmissionera        SECTION  1.     Tlie  countv  coiiimissioners  of  the  couiitics 

of  Hampden  •'.  . 

and  Hampshire   of  Hampdcu  aiid  Hampshire  are  hereby  authorized  and 

counties  to  build     t  ,      i  i  a.         j.i  /•   ^  i  •  j 

a  new  bridge  dircctcd,  as  soou  as  may  be  alter  the  passage  ot  this  act, 
to  con.struct  and  buikl  a  new  bridge  across  the  Connecti- 
cut river  between  Ilolyoke  and  South  Hadley,  where  the 
bridire  is  now  located. 


across  Councc 
ticut  river. 


1888.  ~  Chapter  319.  261 

Section  2.     Said  county  commissioners  may,  if  they  May  provide  for 

d',  -\'       J.      •  J.  i"  •11*1  •!       use  of  portion 

eem  it  expedient    in  constructing  said    bridge,  provide  of  bridge  for 

for  the  use  of  any  portion  thereof  for  horse  raih-oad  pur-  purposes'.™'^'' 
poses,  and  shall  at  all  times  after  the  completion  of  said 
bridge  determine  upon  what  terms  and  under  what  con- 
ditions horse  railroads  may  pass  on,  over  or  across  said 
bridge  :  2^^'ovided,  the  authority  granted  by  this  section 
shall  not  be  exercised  unless  the  parties  in  interest  shall 
give  good  and  sufficient  sureties  to  said  commissioners 
that  they  will  pay  whatever  additional  cost  is  made  by  so 
constructing  said  bridge,  which  shall  be  determined  by 
said  commissioners. 

Section  3.     All    expenses    incurred    under   this  act,  EspeDsesof 

•       ^     J-  n  c  •    ^    •     •  J      1  •  •       building  and 

including   all   expenses   oi   maintaining   and    keeping   in  maintaining 
repair  said  bridge  when  completed,  shall  be  borne  and  borne  by 
paid    by  the  counties  of  Hampden  and  Hampshire,  and '''"""'''"''• 
such  towns  and  cities  in  said  counties,  in  such  proportion 
and  in  such  manner  as   shall  be  determined   under  the 
following  provisions. 

Section  4.  When  such  bridge  is  completed,  and  as  Commissioners 
soon  as  its  full  cost  is  ascertained,  said  county  commis-  pointed  to 
sioners  shall  file  their  report  of  the  facts,  together  with  expense"!" itc!! 
the  amount  of  such  cost,  in  the  office  of  the  clerk  of  the  li'^fj^  ''W'"'''- 
supreme  judicial  court  for  the  county  of  Hampden ; 
whereupon  and  upon  the  application  of  said  county  com- 
missioners or  any  party  interested,  and  after  such  notice 
as  the  court  may  order,  said  court  shall  a})point  a  I)()ard 
of  three  commissioners,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  their  duties  hereunder,  and  who,  after 
proper  notice  to  and  a  full  hearing  of  all  parties  inter- 
ested, shall  award  and  determine  what  proportional  part 
of  the  cost  so  reported,  and  what  proportional  amount 
of  all  expenses  of  maintaining  and  keeping  in  repair  said 
bridge,  and  all  other  ex[)enses  incurred  under  this  act, 
shall  be  borne  and  paid  by  the  counties  of  Hampden  and 
Hampshire  respectively,  and  by  such  cities  and  towns  in 
the  several  counties  of  Hampden  and  Hampshire  as  they 
shall  award  and  determine  will  be  specially  benefited  by 
said  bridge  ;  and  they  shall  also  award  and  determine 
how,  and  by  whom  and  to  whom,  such  proportional 
amounts  shall  be  paid. 

Section  5.     The  determination  and  award  of  said  com-  Award  to  be 
missioners,  or  the  majority  of  them,  shall  be   by  thein  acceptwiTeTc, 
reported  in  writing  to  the  supreme  judicial  court  for  the  ^^  ^^"^ ''°"'''' 


262 


1888.  — Chapter  319. 


Provisions  in 
case  the  com- 
missioners of 
cither  county 
neglect  to  act. 


Tn  case  the  com- 
missioners of 
one  of  the  coun- 
ties shall  con- 
struct the 
bridge. 


City  council  of 
Ilolyoke  and 
selectmen  of 
South  Hadlej' 
to  have  care  and 
superintendence 
of  bridge,  etc. 


Liability  for 
defects  in 
bridge. 


county  of  Hampden,  and  upon  acceptance  b}^  said  court, 
and  jud<>ment  and  decree  entered  thereon,  shall  be  liind- 
ing  u})on  all  parties  named  therein  ;  and  such  proceedings 
may  he  had  upon  such  judgment  or  decree,  to  enforce 
and  carry  into  effect  the  same,  as  provided  b}'  law  in  civil 
cases  in  said  court.  The  compensation  and  expenses  of 
said  commission  shall  be  paid  in  such  manner  as  they  shall 
determine,  subject  to  the  approval  of  the  said  supreme 
judicial  court. 

Section  6.  In  case  the  commissioners  of  either  of  the 
aforesaid  counties  of  Hampden  and  Hampshire  shall,  on 
application  of  any  party  interested,  and  for  twenty 
days,  neglect  or  refuse  to  act  upon  the  authority  granted 
in  this  act,  the  commissioners  of  the  other  aforesaid 
county  are  hereby  authorized  and  empowered  to  construct 
such  bridge,  and  to  report  their  doings  and  expenditures 
therefor  to  the  supreme  judicial  court,  as  herein  provided, 
and  in  every  other  particular  to  have  and  exercise  the 
authoritj'  herein  previously  granted  the  commissioners  of 
said  counties  of  Hampden  and  Hampshire  jointly,  save 
and  except  that  after  entry  of  final  judgment  or  decree 
hereinbefore  mentioned  by  the  supreme  judicial  court, 
the  commissioners  of  both  of  said  counties  shall  have  joint 
control  over  said  bridge. 

Section  7.  In  case  the  commissioners  of  one  of  said 
counties  shall  construct  such  bridge  and  report  their 
doings  and  expenditures  as  in  the  last  section  providecl, 
said  supreme  judicial  court  shall  appoint  commissioners, 
receive  their  report,  enter  judgment  or  decree  thereon  in 
the  same  manner  as  previously  provided. 

Section  8.  The  city  council  of  Holyoke  and  the 
selectmen  of  South  Hadley,  after  the  completion  of  said 
l)ridge,  shall  have  the  care  and  superintendence  of  said 
bridge,  its  abutments  and  piers,  and  cause  them  to  be  kept 
in  good  repair  and  safe  and  convenient  for  travel  ;  the  cost 
of  the  repairs,  care  and  superintendence  of  said  bridge  to 
be  borne  by  such  parties  as  the  board  of  commissioners 
shall  determine,  under  authority  hereinbefore  granted, 
their  adjudication  to  designate  the  numl)er  and  location  of 
spans  of  said  bridge  each  town  is  to  have  the  care  and 
superintendence  of. 

Section  9.  Liability  for  defects  in  the  bridge,  its 
abutments  and  piers  shall  exist  on  the  part  of  that  town 
only  having  the  care  and  superintendence  of  the  span 
where  the  defect  exists  or  damage  is  sustained. 


1888.  — Chapters  320,  321.  263 

Sectiox  10.     The  county  commissioners  of  the  counties  county  commis- 
of  Hampden    and    Hampshire  are  hereby  authorized  to  borrow  not^ 
borrow  upon  the  credit  of  said  counties,  a  sum  not  ex-  |ioS°oo".^ 
ceeding  one  hundred  thousand  dolhirs  for  the  purpose  of 
carrjdng  into  effect  the  authority  granted  in  this  act. 

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

Apj)roved  May  10,  1888. 


Chap.320 


An  Act  in  relation  to  bonds  of  city  and  town  clerks. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  clerks  of  the  several  cities  and  towns,  ouy  and  town 
except  Boston,   shall   give   bonds  with  sureties  to  their  bounds for^aith- 
respective  cities  and  towns  to  be  approved  l)y  the  mayor  f"!- moneys'"^' 
and  aldermen  of  such  cities  and  the   selectmen  of  such  received  for 

.  .         ,    dog  licenses. 

towns,  for  the  ftiithful  accounting  for  all  moneys  received 
by  them  for  dog  licenses,  and  for  the  payment  of  the 
same,  less  their  fees,  into  the  treasuries  of  their  respective 
counties. 

Section  2.     If  a  city  or  town  clerk  neo:lects  to  pay  to  if  cierk  uegiects 

ii  i        J  1  *~'  1      1     •  1'  to  pay  to  county 

the  county  treasurer  such  moneys,  as  provided  in  section  treasurer, 
eighty-four  of  chapter  one  hundred  and  two  of  the  Public  r^oveiVd tn  an 
Statutes,  the  city  or  town  may  recover  the  amount  there-  go|j°,.acf 
of,  with  all  damages  sustained  through  such  neglect,  and 
interest,  in  an  action  of  contract  for  the  benefit  of  such 
county,  declaring  on  his  official  bond  provided  for  in  this 
act. 

Section    3.     The  bonds  of  said  clerks  shall  be  given  Bonds  to  be 
and  approved  within  ten  days  from  the  election  and  quali-  wuiiiute'n'days 
fication  of  said  clerks.  '  :[^!'-  ^'^°"°"' 

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

Approved  May  10,  1888. 

An  Act  authorizing  foreign  manufacturing  corporations  to  (JJid^j  32] 

HOLD   REAL   ESTATE   IN   THIS    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows  : 

Section   1.     ^Manufacturing    corporations    established  ^^^nuhJulving 
under  the  laws  of  other  states,  which  have  complied  with  corporations 
the  provisions  of  chapter  three  hundred  and  thirty  of  the  estate  in  this 

,  r.   .^  •     ^\  1  11  i-ivp"  Commonwealth. 

acts  ot  the  year  eighteen  Hundred  and  eighty-iour,  may 
purchase  and  hold  such  real  estate  in  this  Commonwealth 
as  may  be  necessary  for  conducting  their  business. 

Section  2.     This  act  shall  take  effect  uponjts  passage. 

Approved  May  10,  1888. 


264  1888.  —  Chapters  322,  323,  324. 


ChcW.32i2i  ^^  ^^"^  "^^  rUOVIDE  KOU  INCREASING  THE  AMOUNT  AVIIICII  MAY 
BE  ADVANCED  FROM  THE  TREASURY  FOR  AIDING  PRISONERS  DIS- 
CHARGED FROM  THE  MASSACHUSETTS  REFORMATORY,  AND  TO 
PROVIDE   FOR   AIDING   PRISONERS   REMOVED   THEREFROM. 

Be  it  enacted,  etc. ,  as  follows  : 
^fhance'd'for'''        Section  1.     There  may  l)e  advanced  to  the  commis- 
■  1  •'''.? ^' V/.'^f"''"  t^ioners  of  prisons,  under  the   provisions  of  chapter  one 
Massachusetts     huiidrcd  aiid  seventy-nine  of  the  acts  of  the  year  eighteen 
le  oi.natoiy.      imi^j^-ed  and  eighty-four,  for  aiding  prisoners  discharged 
from  the  jNIassachusetts  reformatory,  a  sum  not  exceeding 
five  hundred  dollars  at  any  time. 
oVbor"'>d8ont'r8       Section  2.     Said  commissioners  may  assist,  from  the 
amount  appropriated  for  aiding  prisoners  discharged  from 
the  JNIassachusetts  reformatory,  any  prisoner  who  was  re- 
moved therefrom  to  any  other  institution,  and  who  was 
discharged  from  the  institution  to  Avhich  he  was  so  re- 
moved. 

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

Approved  May  10,  1888. 

Chcip.323  ^^  ^^CT  TO  AMEND  CHAPTER  TWO  HUNDRED  AND  SEVENTEEN  OF 
THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-TWO 
RELATING  TO  RETURNS  OF  PROPERTY  HELD  FOR  BENEVOLENT, 
CHARITABLE   OR   SCIENTIFIC   PURPOSES. 

Be  it  enacted,  etc.,  as  foUoivs : 

property  "held  Section  1 .     Scctiou  ouc  of  chaptcr  two  liundred  and 

for  benevolent     sevcnteeu  of  tlic  acts  of  the   year  eio'hteen  hundred  and 

and  seieiititic  •!,.  -i  i  iiitt  i 

purposes.  eigiity-two    IS    licreoy    amended    by   addmg   at    the    end 

thereof  the  following :  — provided,  also,  that  instead  of 
making  such  list  and  statement  as  of  the  first  day  of  May, 
as  above  provided,  any  such  corporation  may  at  its  option 
make  such  list  and  statement  as  of  the  last  day  of  its 
financial  year  next  preceding  said  first  day  of  INIay. 

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

Approved  May  10,  1888. 

ChCl7),S24:  ^^  ^^'^  '^^  ^^^  '^^'^  AMOUNT  OF  REAL  AND  PERSONAL  ESTATE  TO 
BE  HELD  BY  THE  OVERSEERS  OF  THE  POOR  IN  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows : 

Tou'lli'estateiiot        Section  1.     The    overseers  of  the    i)oor    in    the    city 

to  exceed  one      of  Bostou,  a  Corporation    duly    e8tal)lishcd    by    law,  are 

hereby  authorized  to  hold  real  and  personal  estate,  includ- 


1888.  —  Chapter  325.  265 

iiig  tlie  real  and  personal  estate  ^vhicli  they  have  heretofore 
been  by  law  authorized  to  hold,  to  an  amount  not  exceed- 
ing in  all  one  million  dollars. 

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

Approvod  May  10,  1S8S. 


An  Act  in  relation  to  bonds  on  appeal  in  actions  fok  the    (JJf(ip,^25 

SUMMARY   PROCESS   FOR   THE   RECOVERY   OF   LAND. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  Section  six  of  chapter  one  hundred  and  a°"^uo7iVfor'' 
seventy-five  of  the  Public  Statutes  is  hereby  amended  so-  [J;^;^^;';'';;;;.';^^^, 
as  to  read  as  follows:  —  Section  6.  When  judgment  is  recovery  of 
rendered  for  the  plaintiff  for  the  recovery  of  the  demanded  p.  s.',  1-5,  §  e. 
premises,  and  the  defendant  appeals  from  such  judgment 
or  when  the  defendant  removes  the  case  as  provided  in 
section  twenty-four  of  chapter  one  hundred  and  fifty-five, 
the  defendant  shall,  except  as  provided  in  the  following 
section,  before  such  appeal  or  removal  is  allowed,  file  a 
bond  to  the  adverse  party  with  sufficient  surety  or  sureties 
to  be  approved  by  the  adverse  party  or  by  the  justice  or 
court,  conditioned  to  enter  the  action  and  to  pay  to  the 
plaintiff,  if  final  judgment  is  in  his  favor,  all  rent  then  due, 
all  intervening  rent,  and  all  damage  and  loss  which  he 
may  sustain  by  reason  of  the  withholding  of  the  posses- 
sion of  the  demanded  premises  and  by  reason  of  any  in- 
jury done  thereto  during  such  withholding,  together  with 
all  costs  until  the  delivery  of  the  possession  thereof  to 
him.  Upon  final  judgment  for  the  plaintiff  all  suras  of 
money  then  due  him  may  be  recovered  by  an  action  of 
contract  upon  the  bond. 

Section  2.  Section  seven  of  said  chapter  is  hereby  Ameiuinuntto 
amended  by  striking  out  in  the  second  line  thereof  the  '  '  '''''''' 
words  "  recognizance  or"  and  in  the  third  line  thereof  the 
words  "  as  the  case  may  be  ",  so  that  the  same  as  amended 
shall  read  as  follows  :  —  Section  7.  When  the  action  is 
to  recover  premises  after  the  foreclosure  of  a  mortgage 
thereon,  the  condition  of  the  bond  shall  be  for  the  entry 
of  the  action  and  the  payment  to  the  plaintiff,  if  the  final 
judgment  is  in  his  favor,  of  all  costs  and  of  a  reasonable 
sum  as  rent  of  the  premises  from  the  day  when  the  mort- 
gage was  foreclosed  until  possession  of  the  premises  is 
obtained  by  the  plaintiff. 

Section  3.     Section  eight  of  said  chapter  is    hereby  Aniendmeutto 
amended  by  striking  out  in  the  last  line  but  one  thereof 


266  1838.  — Chapters  326,  327. 

i\Tnrrs!°  the  words  "  writ  of  scire  facias  or"  and  in  the  last  line 
thereof  the  words  "  recognizance  or",  so  that  the  same  as 
amended  shall  read  as  follows  :  —  Section  8.  If  the  case 
is  transferred  at  the  request  of  the  defendant  upon  a  plea 
or  suggestion  b}'  him  that  brings  in  question  the  title  to 
the  freehold,  and  if  it  appears  to  the  court  in  which  the 
action  is  determined  that  the  defendant  originally  entered 
on  the  premises  under  a  lease  from  the  plaintiff  or  from  a 
person  under  whom  the  plaintiff  claims  or  that  he  held 
them  under  such  a  lease,  and  that  his  said  plea  or  sugges- 
tion was  frivolous  and  intended  for  delay,  the  court  shall 
cause  a  certificate  thereof  to  be  entered  on  the  record,  and 
the  defendant  shall  thereupon  be  liable  to  pay  double  the 
yearly  value  of  the  demised  premises  from  the  time  of  the 
notice  to  quit  the  same,  which  may  be  recovered  by 
action  of  contract  on  his  bond.     Approved  May  10^  1888. 


Ch(ir).'^2Q   ^^^    ■'^^"^    -'^^    ENABLE   IXCOltPORATED   RELIGIOUS   SOCIETIES   TO   MAKE 

UY-LAWS. 

Be  it  enacted,  etc.,  as  folloios : 
incoiiioiated  Sectiox    1.     Any  relififious  society  now   incorporated 

religious  socie-  ^  ■,  "^  ^  .  "^  ii  n 

lies  may  make    or  whlcli  may  hereafter  be  incorporated  under  the  laws  of 
^  ''"*'  this  Commonwealth  may  make  by-laws  for  the  purpose  of 

warning  and  calling  its  meetings  and  for  all  other  pur- 
poses which  it  may  deem  necessary  for  the  management 
of  its  affairs.  But  no  by-law  shall  be  made  by  any  relig- 
ious society  repugnant  to  law  or  to  its  charter. 

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

Approved  May  10,  1888. 

Chan  8*^7   ^^   ^^^"^   ^^^    ESTABLISH    THE    SALARIES    OF    THE    MATRONS,   DEPUTY 
^  '  MATRONS   AND   ASSISTANT   MATRONS   IN   THE  REFORMATORY  PRISON 

FOR    WOMEN. 

Be  it  enacted,  etc.,  as  follows: 

Salaries^  SECTION  1.     The  Salary  of  each  matron  in  the  reforma- 

tory prison  for  women  shall  be  four  hundred  dollars  a 
year,  each  deputy  matron  three  hundred  and  fifty  dollars 
a  year,  and  each  assistant  matron  three  hundred  dollars  a 
year,  from  the  first  day  of  April,  eighteen  hundred  and 
eighty-eight. 

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

Approved  3Iay  10,  1888. 


established. 


1888.  —  Chapters  328,  329,  330,  331.  267 


An  Act  in  kelation  to  clerical  assistance  fou  the  commis-  (7/iftr>.328 

SIONERS   OF   PRISONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  commissioners  of  prisons  may  expend  ^'^g'ta'llce. 
for  clerical  assistance  a  sum  not    exceeding   twenty-five 
hundred  dollars  annuall}'. 

Section  2.     Chapter  tifty-two  of  the  acts  of  the  }ear  Hcpe-'i- 
eighteen  hundred  and  eighty -five  is  hereby  repealed. 

Approved  May  10,  188S. 

An  Act  concerning  the    negotiability  of    certain  pkomis-  (7/?fl79.329 

SORY  NOTES   AND   OTHER    INSTRUMENTS. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     No  written  promise  to  pay  money  shall  ^ert^V/piomis" 
be  held  not  to  be  a  promissory  note,  or  not  to  be  negotia-  soiy  notes,  etc. 
ble  for  the  reason  that  the  time  of  pa3'ment  is  uncertain  : 
provided,  that  the  money  is  payable  at  all  events  and  at 
some  time  that  must  certainly  come. 

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

Approved  May  10,  18SS. 

An   Act   in  relation   to  the  salary  of  the   agent  for  dis-  H'kQ.yy  |-}30 

CHARGED    FEMALE   PRISONERS.  ^ 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.     The   salary  of  the  agent  for  aiding  dis-  saiarytoue 
charged  female  prisoners  shall   be  fixed  by  the   commis-  commisHioneis 
sioners  of  prisons,  but   shall  not  exceed   seven  hundred  ofP'"'0"*- 
and  seventy-five  dollars  a  year. 

Section    2.     Said  salary  shall  hereafter  be  paid  from  To  be  paui  from 
the  treasury  of  the  Commonwealth,  instead  of  being  paid  trlasuVy. 
from  the  appropriation  for  aiding  discharged  female  pris- 
oners. 

Section  3.     So  much  of  section  twenty-seven  of  chap-  Repeal. 
ter  two  hundred  and  nineteen  of  the  Public  Statutes  as  is 
inconsistent  herewith  is  hereby  repealed. 

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

Approved  May  10,  1888. 


Chap.Sd  I 


An     Act     authorizing    towns    to    RE(iULATE    THE    CATCHING    OF 

PICKEREL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Whoever  takes  or  catches  any  pickerel  in  pickerei 
any  river,  stream  or  pond   in   any  other  manner  than  by  p™'^"'''^ 
artificially  or  naturally  baited   hook   and   hand   line   shall 


268  1888.  —  Chapter  332. 

forfeit  one  dollar  for   every  pickerel  so  taken  ;  l)nt  this 
act  shall  not  extend  to  any  town  unless  adopted  thereby. 
Prosecutions  to        Section  2.     All  prosccutions  under  this  act   shall   l)e 

be  made  within  ,   .  .     ^         ,  ,  ■,  .  ,.  .      . 

sixty  days.        instituted  withiu  sixty  days  irom  the  time  of  committing 

the  oti'ence. 
Repeal.  Section  3.     All  acts    or    parts    of  acts    inconsistent 

with  this  chapter  are  hereby  repealed. 

Apj)roved  Mcuj  10,  1888. 

GhClT)  332   "'^^   ^'^^   "^^  INCORPORATE   THE   MIDDLESEX   LAND   COMPANY   IN   THE 

COUNTY   OF   MIDDLESEX. 

Be  it  enacted^  etc  ,  as  follows : 
MiiuiieHex  Land       Section  1.     Chai'lcs  E.  Eaymoiid,  Saiiiuel  L.  Montague 

Coniiiany  incor-  ,    ^t  /-^       -\  r  ii         n    n         i      •  n  i    tt       i         j     ri 

poiated.  and  Henry  O.  Marcy,  all  oi  Cambridge,  and  Herbert  E. 

Hill  and  George  A.  Kimball,  both  of  Somerville,  all  in 
the  county  of  INIiddlesex,  their  associates  and  successors, 
are  hereby  made  a  corporation  for  the  term  of  tifty  }ears 
from  the  date  of  the  })assage  of  this  act,  by  the  name  of 
the  INIiddlesex  Land  Company,  for  the  purpose  of  pur- 
chasing, selling,  mortgaging,  leasing  and  improving  real 
estate  in  the  cities  of  Cambridge  and  Somerville,  the 
town  of  Arlington  and  that  portion  of  the  town  of  ISIed- 
ford  lying  on  the  southerly  side  of  Mystic  river,  all  in  the 
county  of  Middlesex,  and  performing  such  other  legal  acts 
as  may  1)e  necessary  in  accomplishing  said  objects ;  with 
all  the  powders  and  privileges  and  subject  to  all  the  duties, 
liabilities  and  conditions  set  forth  in  all  the  general  laws 
which  now  are  or  hereafter  may  be  in  force  and  applical)le 
to  such  corporations. 

Imdsh'irer''  SECTION  2.     The  Capital  stock  of  Said  Corporation  slia  11 

not  exceed  two  hundred  thousand  dollars,  and  shall  be 
divided  into  shares  of  one  hundred  dollars  each  :  provided, 
that  said  corporation  shall  not  transact  any  business  until 
at  least  twenty  thousand  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  I)y  the  com- 
missioner of  corporations. 

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

Approved  May  10,  1888. 


1888.  — Chapter  333.  269 

'"^^  Chap.333 


An   Act  to  increase  the  numuer   of  the  members   of  the 
hoard  of  control  of  the  massachusetts  aoricultui 

PEUIMENT   STATION. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  two  of  chaiiter  two  hundred  and  to  ineicase  the 

,.    ,  ^,  •1111  1-1  immber  of  the 

twelve  or  the  acts  ot  the3^ear  eighteen  hundred  and  eighty-  membei-sof  the 
two  is  hereby  amended  by  striking  out  the  word  "  seven"  of  the  Mass". '° 
in  the  second  line  thereof  and  inserting  in  the  place  there-  t mare mu^I. '''''" 
of  the  word: — eleven,  —  also  by  inserting  after  the  """' *"•"'""• 
word  "  society  "  in  the  eighth  line  the  words  :  —  one  from 
the  jNIassachusetts  state  grange,  by  said  state  grange ; 
one  from  the  Massachusetts  horticultural  society,  by  said 
society,  —  also  by  striking  out  the  word  "  member  "  in  the 
same  line  and  inserting  in  the  place  thereof  the  word  :  — 
meml)ers, — and  by  inserting  after  the  word  "college" 
in  the  ninth  line  the  words: — the  director  of  the  Mas- 
sachusetts agricultural  experiment  station  and  the  secre- 
tary of  the  state  board  of  agriculture  :  2^^'ovided,  hotvever,  rioviso. 
that  no  person  so  elected  by  any  of  the  al)ove  named 
])oards  or  societies  shall  continue  to  be  a  member  of  said 
board  of  control  after  he  has  ceased  to  be  a  member  of 
the  board  or  of  the  society  by  which  he  was  elected,  —  so 
that  the  same  shall  read  as  follows  :  —  The  management 
of  said  station  shall  l)e  vested  in  a  board  of  control  of 
eleven  persons  of  which  l)oard  the  governor  shall  be 
president  ex  officio,  and  of  which  two  members  shall  l)e 
elected  from  the  state  board  of  agriculture,  by  said  board 
of  agriculture  ;  two  from  the  trustees  of  the  Massachu- 
setts agricultural  college,  l).y  said  trustees ;  one  from  the 
Massachusetts  society  for  promoting  agriculture,  by  said 
society  ;  one  from  the  Massachusetts  state  grange,  by  said 
state  grange  ;  one  from  the  Massachusetts  horticultural 
society,  by  said  society  ;  and  the  remaining  members  shall 
l)e  the  president  of  the  Massachusetts  agricultural  college, 
the  director  of  the  jNIassachusetts  agricultural  experiment 
station  and  the  secretary  of  the  state  board  of  agriculture  : 
2ryovided,  however,  tliat  no  person  so  elected  l)y  any  of  i^'o^'so. 
the  above  named  boards  or  societies  shall  continue  to  be 
a  meml)er  of  said  board  of  control  after  he  has  ceased  to 
be  a  meml)er  of  the  ])oard  or  of  the  society  hy  which  he 
was  elected.  The  said  board  shall  choose  a  secretary  and 
treasurer. 

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

Approved  May  10,  1888. 


270  1888.  —  Chapters  334,  335. 


C/iCtJ).*d34:  "^^     ■^'^"^     RELATIVE    TO    THE    DISCHARGE    OF    PERSONS    APPOINTED 

UNDER   THE    CIVIL   SERVICE  LAW. 

Be  it  enacted,  etc.,  as  follows. • 
Not  to  be  ap-  Sectioii  foui'  of  chapter  three  hundred  and  twenty  of  the 

pointed  to  ^  *■  •^ 

ortice  within  one  acts  of  the  Ycar  eighteen  hundred  and  eighty-four  is  hereby 

vi'caLn  of  an       amended  by  striking  out  the  last  clause  thereof,  so  that  as 

t'lfeTaws^'onhl    amended  said  section  shall  read  as  follows  :  —  Section  4. 

*'•'*'''■  No  person  shall  be  appointed  to,  or  employed  in,  any  office 

to  which  the  provisions  of  this  act  are  applicable,  within 

one  year  after  his   conviction  of  any  offence  against  the 

laws  of  this  Commonwealth.         Approved  May  15,  1888. 

Chap.335  ^  -^^"^  ^^    RELATION    TO   THE    OFFICERS    OF    THE    MASSACHUSETTS 

REFORMATORY. 

Be  it  enacted,  etc.,  as  follows: 
oflkers  of  the         Section  1.     The  officcrs  of  the  Massachusctts  refoHU- 

Massacuusetts  /-<  i  • 

nfoimatory.  atory  at  Coucord  shall  consist  of  one  superintendent,  one 
deputy  superintendent,  one  instructor,  one  physician,  one 
clerk,  four  turnkeys,  one  engineer,  and  as  many  watch- 
men as  the  superintendent,  subject  to  the  approval  of  the 
commissioners  of  prisons,  may  deem  necessary,  but  shall 
not  exceed  forty-six  in  number. 

BaiarieB.  SECTION  2.      The  Superintendent  of  said  reformatoiy 

shall  receive  a  salary  of  thirty-five  hundred  dollars  a  year  ; 
the  instructor,  a  salary  of  two  thousand  dollars  a  year  ;  the 
physician,  a  salary  of  one  thousand  dollars  a  year.  The 
officers  appointed  by  the  superintendent  shall  receive  such 
salaries  as  may  be  fixed  by  him,  subject  to  the  approval 
of  the  commissioners  of  prisons,  but  within  the  limits 
herein  respectively  set  forth  as  follows,  to  wit :  the  deputy 
superintendent,  not  exceeding  two  thousand  dollars  a 
}'ear ;  the  clerk,  not  exceeding  two  thousand  dollars  a 
year ;  the  engineer,  not  exceeding  fifteen  hundred  dollars 
a  year  ;  each  of  the  turnkeys  shall  receive  an  annual  salary 
of  twelve  hundred  dollars,  and  each  of  the  watchmen  shall 
receive  an  annual  salary  to  be  ascertained  as  follows  :  — 
any  watchman  who  shall  have  been  in  the  service  of  said 
reformatory  for  less  than  five  years,  eight  hundred  dollars  ; 
any  watchman  who  has  been  in  said  service  for  five  years 
and  less  than  ten  years,  one  thousand  dollars  ;  any  watch- 
man who  has  been  in  said  service  for  ten  years,  twelve 
hundred  dollars  ;  but  this  shall  not  apply  to  those  officers 
of  the  I'eforinatory  in  service  at  the  })assage  of  this  act, 


1888.  —  Chapter  336.  271 

known  as  watchmen,  so  far  as  reducing  any  of  their  salaries 
is  concerned.     In  fixing  the  rate  of  compensation  of  the 
othcers  as  aforesaid,  previous  service  in  any  prison  of  the 
(Commonwealth  shall  be  considered.     No  other  perquisite.  House  room, 
reward  or  emolument  shall  be  allowed  to  or  received  by  any  J"!:' f,";"^  "%'*''' , 

J  J     loi  sii|)eniiteiiil- 

of  the  said  officers,  except  that  there  shall  be  allowed  to  f-ntanddepmy. 
the  su})erintendent  and  deputy  superintendent  sufficient 
house  room  with  fuel  and  lights  for  themselves  and  their 
families. 

Section  3.       Sections    nineteen    and    twenty-two    of  Kepeai. 
chapter  two  hundred  and  fifty-five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty -four  are  hereljy  repealed. 

Section  4.     This  act  shall  take  efl^ect  on  the  first  day 
of  April  in  the  yea,v  eighteen  hundred  and  eighty-eight. 

Approved  May  15,  1888. 


Chap.3^(j 


Ak  Act  to  provide  for  the  definition  and   preservation  of 
town  boundary  lines. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  commissioners  on  the  topographical  commissioneis 
survey  and  map  of  Massachusetts  may  propose  for  the  surve^y  miiy'^"'''' 
acceptance  of  the  legislature  a  change,  by  straightening  fu  bouL'luy"^''^ 
or  otherwise,  in  the  existing  boundary  lines  of  any  con-  lin^sof  coutii<u- 

~  "J  J  oils  towns. 

tiguous  towns,  provided  such  towns  at  meetings  duly 
called  for  the  purpose,  concur  therein:  such  proposed 
change  shall  be  submitted  to  the  next  succeeding  legisla- 
ture thereafter.  When  such  proposed  change  shall  be 
accepted  or  ratified  by  the  legislature,  said  commission 
shall  proceed  to  locate  and  define  the  changes  made  by 
determining  liy  triangulation  the  position  of  each  angle 
and  corner  in  such  new  boundary  line,  and  the  selectmen 
of  such  contiguous  towns  shall  thereafter  place  such  monu- 
ments at  the  new  points  determined,  and  put  such  marks 
on  them,  in  addition  to  initials,  as  may  be  determined  by 
said  commissioners  and  in  the  manner  now  required  by 
section  five  of  chapter  twenty-seven  of  the  Public  Statutes. 
All  monuments  marking  angles  and  corners  in  town  boun- 
dary lines,  the  position  of  which  has  not  been  changed 
shall  be  re-marked  in  the  manner  indicated  by  said  com- 
missioners in  such  a  manner  as  to  esta])lish  a  uniform  svs- 
tem  of  designating  the  angles  and  corners  of  town  boun- 
dary lines. 

Section  2.     Whenever  the  boundary  line  l)etween  con-  when  boundary 
tiguous  towns  is  formed  wholly,  or  in  part,  by  a  sti-eam  byVh/°hwa'' 


272  1888.  — Chapter  336. 

Bticam  of  water,  of  watci"  01"  by  u  piihlic  highway,  ail  accurate   survey  and 

mad!;"  *°  '"^       pl'in  of  such  Stream  or  highway  shall  be  made  by  said 

commissioners,  Ixiscd  on  the  triangulation  common  to  the 

other  town  boundary  lines,  and  said  plan  shall  l)e  tiled  in 

the  otiice  of  said  commissioners. 

Tiian<;uiaiion  Section  3.      The  triaugulation  points   established  by 

points  to  bf  .   -,  .         .  1111  IT  n       1  • 

ivitienceof        Said  coiumissioners  shall  be  regarded  as  a  part  of  the  evi- 

locatioii  of  lines,     -i  i«   j^i         i  j^'  />   j  i  i  t  t  t 

dcnce  ot  the  location  ot  town  boundary  lines,  and  a  de- 
scription of  the  position  and  marks  of  such  points  shall  be 
communicated  by  said  commissioners  to  the  selectmen  of 
the  towns  Avithin  which  such  points  are  located,  and  said 
description  shall  be  tiled  with  the  perambulation  records 
of  such  towns. 
ai^iTorBinTo  Section  4.     It  shall  be  unlawful  for  an}-  person,  except 

obliterate  a        as  herciu  provided,  to  remove,  obliterate  or  cover  un  any 

mark  made  to  '■  '  '.  tt 

designate  line,  mouumeut  or  uiark  made  to  designate  a  boundary  line 
prov'idJir.  """"  made  in  pursuance  with  this  act.  If  in  the  course  of  the 
legitimate  occupation  of  land  a  person  shall  desire  to 
obliterate,  remove  or  cover  up  such  monument  or  mark, 
any  party  in  interest  may  appl}'  to  the  county  commis- 
sioners of  the  county  in  which  said  monument  is  wholly 
or  in  part  situated,  setting  forth  the  facts  and  asking  per- 
mission to  remove,  obliterate  or  cover  up  such  mark  or 
monument.  The  said  county  commissioners  shall,  if  they 
deem  the  request  reasonable,  grant  the  same,  after  the}' 
have  made  provision  for  preserving  the  exact  location  of 
the  original  boundary  or  mark  in  the  manner  hereinafter 
provided.  AVhen  permission  is  given  by  the  county  com- 
missioners aforesaid  to  remove,  obliterate  or  cover  up  a 
monument  or  mark,  they  shall,  prior  to  such  removal, 
cause  proper  witness  marks  to  be  set  up,  or  other  means 
taken  which  shall,  with  proper  designation  and  measure- 
ment, indicate  the  position  of  the  original  mark  or  monu- 
ment. Said  county  commissioners  shall  cause  to  be 
recorded,  in  the  office  of  the  town  clerk  of  the  contiguous 
towns,  a- full  description  and  designation  of  the  witness 
marks  and  monuments  so  made  and  set  up,  and  shall 
cause  a  copy  of  such  description  to  l)e  for\\  ardcd  to  the 
secretary  of  the  Commonwealth. 
Penalties.  Section  5.     Any  persou  Avho  shall  violate  the  provi- 

sions of  the  preceding  section,  or  shall  wantonly  disturb 
or  injure  the  monuments  or  marks  aforesaid  shall  be  pun- 
ished by  im))iisonment  in  the  jail,  not  exceeding  six 
months,  or  by  a  tine  not  exceeding'  fifty  dollars. 

Approved  May  15,  1888. 


18S8.  —  Chapters  337,  338.  273 


An  Act  in  kelation  to   the  approval    of  bills   contracted  njffjj^  QQT 

FOR   THE   STATE   PRISON,  THE   MASSACHUSETTS  REFORMATORY',  AND  "^  * 

THE   REFORMATORY   PRISON   FOR   WOMEN. 

Be  it  enacted^  etc.,  as  follows : 

Section  L     All  bills  contracted  by  the  warden  of  the  Biiis  contracted 
state    prison,    the    superintendent    of  the    Massachusetts  eVc^Toir^^^"' 
reformatory,   or   the   superintendent  of  the  reformatory  generauuper- 
prison  for  women,  for  the  maintenance  of  said  institu-  Jntendent. 
tions,    and    the    pay-rolls    for    salaries    of    officers    and 
employees   thereof,    shall   be    approved    by   the    general 
superintendent  of  prisons  before  payment. 

Section  2.  Section  fifty-four  of  chapter  two  hundred  r^^^P^*'- 
and  twenty-one  of  the  Public  Statutes,  and  so  much  of 
section  thirty  of  chapter  two  hundred  and  fifty-five  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four  as  re- 
quires the  approval  by  the  commissioners  of  prisons  of 
pay-rolls  for  the  salaries  of  officers  and  employees  and 
bills  for  other  expenditures  for  the  Massachusetts  reform- 
atory, are  hereby  repealed. 

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

Approved  May  15,  1888. 


Chap.Zm 


An    Act    to  confirm  the  proceedings  of    the  last   annual 
meeting  of  the  town  of  hudson. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1 .  The  proceedings  of  the  town  of  Hudson  Proceedings  at 
at  the  annual  town  meeting  of  said  town  held  on  the  fifth  coXmed!'"^ 
day  of  March  in  the  year  eighteen  hundred  and  eighty- 
eight,  shall  not  be  invalid  by  reason  of  defects  in  the 
warrant  calling  said  meeting,  in  ^ot  stating  therein  the 
time  for  said  meeting  and  the  time  for  opening  and  clos- 
ing the  polls,  nor  for  any  failure  to  notify  and  warn  the 
same  according  to  law ;  and  the  election  of  town  officers 
for  the  term  of  office  to  which  they  were  severally  de- 
clared to  have  been  elected  at  said  town  meeting,  and  all 
doings  of  said  meeting  are  made  legal  and  ratified  and 
confirmed. 

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

Approved  May  15,  1888. 


274 


1888.  —  Chapters  339,  340. 


ChCl7).339  -^^  -^^'^  '^'^  AUTHORIZE  THE  COUNTY  COMMISSIONERS  OF  THE 
COUNTY  OF  ESSEX  TO  BORROW  MONEY  FOR  THE  PURPOSE  OF 
ENLARGING   THE   COURT   HOUSE   AT  SALEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  tlie  county 
of  Essex  are  authorized  to  borrow,  on  the  credit  of  said 
county,  a  sum  not  exceeding  fifty-five  thousand  dollars  in 
addition  to  the  amount  authorized  by  chapter  fifty-one  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
for  the  purpose  of  enlarging  the  new  court  house,  so 
called,  at  Salem  in  said  county. 

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

Approved  May  15,  1888. 


County  comniiB- 
sioners  of  Essex 
may  borrow 
money  for  en- 
larging court 
houi>e  at  Bulem. 


To  limit  the 
number  of 
places  to  be 
licensed  for  the 
sale  of  intoxi- 
cating liquors. 


0/^07^.340   ^^    ^^^   ^^   LIMIT    THE     NUMBER     OF    PLACES    LICENSED     FOR     THE 

SALE   OF   INTOXICATING   LIQUORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  all  towns  and  cities  which  vote  to 
grant  licenses  of  the  first  five  classes  described  in-  section 
ten  of  chapter  one  hundred  of  the  Public  Statutes,  to  sell 
intoxicating  liquors,  the  number  of  places  licensed  for  the 
sale  of  such  liquors  shall  not  exceed  one  for  each  one 
thousand  of  the  population,  as  ascertained  by  the  last 
preceding  national  or  state  census,  except  that  in  the  city 
of  Boston  one  such  place  may  be  licensed  for  each  five 
hundred  of  the  population.  No  more  than  one  such  place 
shall  be  licensed  by  any  one  vote  of  the  licensing  board ; 
such  licenses  shall  be  numbered  in  regular  order  as 
granted,  and  any  license  granted  contrary  to,  or  in  excess 
of  the  provisions  of  this  act,  shall  be  void  :  provided, 
that  in  towns  having  an  increase  of  resident  population 
during  the  summer  months,  the  selectmen  may,  during 
the  month  of  June,  cause  a  census  to  be  taken,  and  may 
grant  one  such  license  for  each  five  hundred  of  said  resi- 
dent population,  as  ascertained  by  said  special  census,  to 
take  efiect  on  the  fifteenth  day  of  June  and  to  expire  on 
the  fifteenth  day  of  September  following ;  but  no  such 
license  shall  be  granted  unless  the  town  at  its  last  annual 
town  meeting  votes  "yes"  in  answer  to  the  question 
"Shall  licenses   for  the  sale  of  intoxicating  liquors   be 


Proviso, 


aranted  in  this  town  ?  " 


1888.  —  Ohaptees  341,  342.  27 


Section  2.     The  foveffoins:  section   shall  not   prevent  pne  place  may 

a    .     i^  .  ,       ^,.  be  licensed  111 

the  licensing  of  one  place  in  any  town  voting  tor  license  tpwn,  voung  for 
whose  population  is  less  than  one  thousand.  population  is 

1  ■,    ~tr        1  r-     -I  nnr,  less  than  oiie 

Approved  May  15,  1888.       thousand. 

An  Act  prescribing  the  minimum  fees  for  liquor  licenses.    Chfii-i  '^Jl 
Be  it  enacted,  etc.,  as  folloios : 

Section  1.  Section  eleven  of  chapter  one  hundred  of  ^'"'"i"™  fees 
the  Public  Statutes  is  hereby  amended  so  as  to  read  as  licenses. 
follows:  —  Section  11.  The  fees  for  licenses  shall  be 
as  follows  :  —  For  a  license  of  the  first  class,  not  less  than 
one  thousand  dollars.  For  a  license  of  the  second  or 
third  class,  not  less  than  two  hundred  and  fifty  dollars. 
For  a  license  of  the  fourth  class,  not  less  than  three  hun- 
dred dollars.  For  a  license  of  the  fifth  class,  not  less 
than  one  hundred  and  fifty  dollars.  For  a  license  of  the 
sixth  class,  one  dollar. 

Section  2.     This  act  shall  take  efiect  on  the  first  day 
of  Julj^  next.  Ajyproved  May  15,  1888. 

An  Act  to  incorporate  the  cary  library.  Chnn  ^i^ 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Alice  B.  Cary,  William  A.  Tower,  Carle-  cary  Library 
ton  A.  Staples,  Edward  G.  Porter,  Albert  Bryant,  James  ""-^n'orated. 
S.  Munroe,  Ellen  Dana,  Matthew  H.  Merriam  and  Augus- 
tus E,  Scott,  their  associates  and  successors  are  made  a 
corporation  l)y  the  name  of  the  Cary  Library,  for  the 
formation  and  maintenance  of  a  public  library  in  Lexing- 
ton with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties  and  liabilities  set  forth  in  the  general  laws 
which  now  are  or  hereafter  may  be  in  force  and  applica- 
ble to  such  corporations. 

Section  2.     Said  corporation  may  hold  real  and  per- iieai  and  per- 
sonal estate  to  the  amount  of  two  hundred  thousand  dol-  to  exceed"" "°' 
lars  for  the  purposes  aforesaid  in  addition  to  books  and  *2oo.'^«o- 
objects  of  curiosity  and  art. 

Section  3.     Said  corporation  shall  consist  of  at  least  Members  of  the 
thirty  and  not  more  than  fift}^  members  residents  of  the  '^°'^'  '-"o"- 
town  of  Lexington  to  be  elected  by  the  corporation  by 
Ijallot,  together  with  the  school  committee  and  selectmen 
of  said  town,  for  the  time  being,  who  shall  be  meinl)ers 
ex  officiis. 


27G 


1888.  — Chapteti  342. 


Property  to  be 
vested  in  board 
of  trustees. 


M.iy  take  prop- 
erty now  held 
by  trustees  of 
(  ary  Librarj- 
when  so  author- 
ized by  vote  of 
the  town. 


Town  may 
transfer  other 
funds  to  the 
corporation. 


Corporation 
niay  purchase 

or  take  certain 
land. 


Section  4.  The  management  and  control  of  the  prop- 
erty of  said  corporation,  subject  to  its  by-laws  and  reg- 
ulations, shall  be  vested  in  a  board  of  nine  trustees,  who 
shall  be  elected  by  said  corporation  from  its  members  by 
ballot.  At  the  first  election  three  of  said  trustees  shall 
be  elected  for  one  year,  three  for  two  years  and  three  for 
three  years,  and  thereafter  said  trustees  shall  be  elected 
for  thiee  years,  one-third  thereof  to  be  elected  annually, 
except  that  meuibers  ex  officiis  shall  be  elected  only  for 
the  terms  of  their  respective  offices  ;  whenever  a  vacancy 
occurs  in  said  board  of  trustees  said  corporation  shall 
fill  the  same  for  the  unexpired  term. 

Section  5.  AVhenever  said  town  of  Lexington  by 
vote  at  a  town  meeting  called  for  that  purpose  shall  have 
assented  thereto  said  corporation  may  take  and  hold  for 
the  purposes  aforesaid  the  funds  and  property  now  held 
by  the  trustees  of  Gary  library  now  existing  in  said  town, 
which  they  have  acquired  and  hold  under  the  terms  of 
the  gifts  and  bequests  of  Maria  Gary,  late  of  said  Lex- 
ington, deceased,  to  be  held  and  applied  by  the  corpora- 
tion in  the  same  manner  as  if  held  by  said  trustees,  and 
shall  file  a  detailed  .statement  of  such  taking  with  the 
town  clerk  of  said  Lexington  within  thirty  days  there- 
after. Any  person  sustaining  damages  by  such  taking 
may  have  his  damages  assessed  by  trial  by  jury  upon  a 
petition  to  the  superior  court  for  the  count}^  of  Middle- 
sex brought  within  sixty  days  after  the  tiling  of  said 
statement.  Said  town  of  Lexington  may  also  by  vote 
at  a  town  meeting  called  for  that  purpose  transfer  to  said 
corporation  all  other  funds  now  held  or  hereafter  received 
by  said  towm  for  the  purposes  of  a  public  library  or  for 
the  present  Gary  lil)rary  to  be  held  and  ap})lied  by  the 
corporation  in  the  same  manner  as  if  they  were  held  by 
the  town,  and  may  transfer  to  said  corporation  the  books 
and  pamphlets  comprising  the  present  Gary  lil)rary  and 
objects  of  curiosity  and  art  and  other  property  connected 
therewith  upon  such  terms  and  conditions  as  shall  be 
agreed  upon  by  said  town  and  corporation. 

Section  6.  The  said  corporation  for  the  purposes 
aforesaid,  may  purchase  or  otherwise  take  in  fee  the  land 
or  any  part  thereof  wdth  the  buildings  and  other  fixtures 
thereon  situated  on  the  corner  of  Glark  and  Main  streets 
in  Lexington  aforesaid,  and  bounded  northeasterly  by 
Main  street,  northwesterly  by  Glark  street,  southwesterly 


1888.  —  Chapter  312.  277 

by  land  of  Porter  and  southeasterly  by  land  of  the  estate 
of  Charles  Adair.  Said  corporation  shall  within  sixty 
days  from  the  time  it  shall  take  said  land,  file  in  the 
registry  of  deeds  for  the  county  of  Middlesex  a  descrip- 
tion of  the  land  so  taken  as  certain  as  is  required  in  a 
common  conveyance  of  lands,  and  a  statement  that  the 
same  is  taken  pursuant  to  the  provisions  of  this  act ;  and 
the  title  to  the  land  so  taken  shall  vest  in  said  corpora- 
tion. The  said  corporation  shall  pay  all  damages  sus-  Payment  of 
tained  by  any  person  by  the  taking  of  said  land  under  '^'■^"^'''^^^• 
the  provisions  of  this  act.  Any  person  sustaining  dam- 
aijes  as  aforesaid  under  this  act,  who  fails  to  agree  with 
said  corporation  as  to  the  amount  of  damages  sustained, 
ma}^  have  the  damages  assessed  and  determined  in  the 
manner  provided  by  law  wdiere  land  is  taken  for  the  lay- 
ing out  of  highways,  on  application  at  any  time  within 
one  year  from  the  taking  of  said  land  under  the  authority 
of  this  act ;  but  no  application  shall  be  made  after  the 
expiration  of  said  one  year. 

Sectiox  7.     In  case  of  any  petition  for  the  assessment  Corporatiou 
or  damages  under  this  act  the  court  or  commissioners  on  to  give  security 
the  request  of  the  petitioner  shall  require  said  corporation  d°'m^i1fc™ami'' 
to  give  satisfactory  security  for  the  payment  of  all  dam-  '^°'''^- 
ages  and  costs  which  may  be  awarded  such  petitioner  for 
the  land  or  other   property  taken,  and  all  the   right  or 
authority  of  said  corporation  to  enter  upon  or  use  such 
land  or  other  property,  except  for  making  surveys,  shall 
be  suspended  until  it  gives  the  security  so  required. 

Section  8.     Said  corporation  shall  allow  the  inhabi- i"''^'^''""**  °f 

(»•  n  /••ii-i  Lexington  to 

tants  of  the  town  of  Lexmgton  free  use  of  said  library,  have  free  use  of 
under  reasonable  regulations,  and  said  town  may  appro-  '  '^^'^^' 
priate  money  and  pay  the  same  annually  to  said  corpora- 
tion towards  defraying  the  expense  of  maintaining  and 
increasing  said  library  including  the  salary  of  a  librarian 
and  of  an}^  necessary  assistants  and  the  expense    of,  the 
care  of  said  library  and  of  any  library  building  which  may 
be  provided  therefor.     The  town  may  also  pay  over  to  Town  may  con- 
said  corporation,  for  the  use  of  the  library,  any  money  by  lupport'oP"* 
law  applical)le  to  the  use  of  a  town  library.  library. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  15, 188S. 


278 


1888.  —  Chaptees  343,  344. 


C'^f/P.343   -^^  -'^CT   IX   ADDITION   TO   AX    ACT   TO   INCORPORATE   THE   AMERICAN 
BOARD   OF   COMMISSIONERS   FOR   FOREIGN   MISSIOXS. 

Be  it  enacted,  etc.,  as  folloivs : 
May  hold  meet-       Section  1.     The  American   Board  of  Commissioners 

ings  in  any  Mate  ,  ,,  ,  i-i  iii* 

01  territory,  for  Forcigii  Missions  IS  hereby  authorized  to  hold  its 
meetino^s  in  any  state  or  territory  of  the  United  States 
and  in  the  District  of  Co]uml)ia. 

Sectiox  2.  All  acts  and  proceeding's  of  the  said  cor- 
poration at  any  meeting  heretofore  held  in  any  part  of 
the  United  States  are  hereby  ratified  and  confirmed,  and 
shall  hare  the  same  validity  and  force  as  though  said 
meeting  had  been  held  within  this  Commonwealth. 

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

Approved  May  15,  1S88. 


Acts  and  pro- 
ceedings 
ratified. 


CllCtV  344   ^^    ^^^    RELATIVE    TO    NOTICE    AND    SERVICE   OF   NOTICE   OF    PETI- 
TIONS  FOR   THE   ENFORCEMENT   OF   LIENS    ON   BUILDINGS   AND    LAND. 


Enforcement  of 
lieus  on  build- 
ings and  lands. 


Amendment  to 
r.  S.  191,  §13. 


Amendment  to 
I'.  S.  191,  §  16. 


Be  it  enacted,  etc.,  asfoUotvs: 

Section  1 .  Section  thirteen  of  chapter  one  hundred 
and  ninety-one  of  the  Public  Statutes  is  amended  by 
striking  out  the  words  "whether  filed  as  a  petition  or 
inserted  in  a  summons  ",  in  the  first  line  thereof,  so  that 
said  section  as  amended  shall  read  as  follows  :  —  Section 
13.  The  petition  shall  contain  a  brief  statement  of  the 
contract  on  which  it  is  founded  and  of  the  amount  due 
thereon,  with  a  description  of  the  premises  subject  to  the 
lien  and  all  other  material  facts  and  circumstances,  and 
shall  pray  that  the  premises  may  be  sold  and  the  proceeds 
of  the  sale  applied  to  the  discharge  of  the  demand. 

Section  2.  Section  sixteen  of  chapter  one  hundred 
and  ninety-one  of  the  Public  Statutes  is  amended  so  as 
to  read  as  follows  :  —  Section  16.  The  court  in  which 
the  petition  is  entered,  or  the  clerk  thereof  when  the 
court  is  not  in  sitting,  or  the  justice  of  said  court  shall  is- 
sue a  precept  to  any  officer  authorized  b}'  law  to  serve  such 
precept  commanding  him  to  summon  the  owner  of  the 
building  or  structure  to  appear  and  answer  said  petition, 
and  also  to  give  notice  of  the  filing  of  said  petition  to 
the  debtor,  when  said  del)tor  is  not  the  owner  of  the 
building  or  structure,  and  to  all  creditors  Avho  have  a  lien 
of  the  same  kind  upon  the  same  estate.  Such  precept 
shall  be  in  substance  as  follows  :  — 


1888.  —  Chapter  344.  279 


COMMONWEALTH    OF    MASSACHUSETTS.  Form  of 

precept. 

[l.  s.]  ss.     To  the  sherifts  of  oar  several 

counties  or  their  deputies,  [or  to  any  constable  of  the  city 
or  town  of  in  said  county]  greeting. 

We  command  you  to  summon  the  alleged 

owner  of  a  certain  buildino-  or  structure  on  real  estate 
[description]  to  appear  before  court  at 

within  [and  for]  our  said  county  of  on 

then  and  there  in  our  said  court  to  answer  unto  a  petition 
for  lien  which  petitioner  hath  filed  in  said  court 

to  enforce  a  lien  upon  said  building  or  structure  and  the 
interest  of  said  alleged  owner  in  the  lot  of  land  upon 
which  the  same  is  situated  to  secure  payment  of  a  debt 
amounting  to  dollars  and  cents  alleo:ed 

to  be  due  said  petitioner  [for  labor  performed  on  said 
building  or  structure,  or  for  labor  furnished,  or  for  mate- 
rials furnished  and  actually  used  on  said  building  or 
structure,  as  the  case  mat/  be']  and  the  costs  which  may 
accrue  in  enforcing  such  lien. 

And  we  further  command  you  to  notify 
the  debtor  in  said  petition  mentioned  and  all  creditors 
other  than  the  petitioner  having  liens  of  the  same  kind 
upon  the  same  estate  that  said  petition  has  been  filed  in 
our  said  court.  And  have  you  there  this  precept  with 
your  doings  therein. 

Witness  Esquire,  at  this 

day  of  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and 

\_CUrk  or  Justice.] 

Service  of  such  precept  shall  be  made  upon  said  owner,  service  of 
debtor  and  each  of  said  creditors  fourteen  days  at  least  p'''^'^''p'- 
before  the  return  day  of  said  precept  by  serving  them 
each  with  an  attested  copy  of  said  precept  and  by  posting 
a  like  attested  copy  upon    said   building    or   structure. 
The  fees  of  the  officer  for  such  service  shall  be  fifty  cents  ve-s  for 
for  each  person  on  whom  served  and  thirty  cents  for  each  ^®''^'"=''' 
copy  with  fees  for  travel  as  in  the  service  of  other  civil 
process.     If  the  petition  is  entered  in  a  police,  district,  or 
municipal  court,  or  before  a  trial  justice,  the  day  for  the 
appearance  and  answer  shall  be  fixed  at  not  more  than 
sixty  days  from  the  day  of  entry. 

Section  3.     Section  seventeen  of  chapter  one  hundred  p"s^"9'i"*'§'l;.'' 
and  ninety-one  of  the  Public  Statutes  is  amended  so  as  to 


2?0 


1888.  —  Chapter  345. 


Repeal. 


To  take  effect 
Sept  1,  1888. 


read  as  follows  :  —  Section  17.  If  it  appear  to  the  court 
or  justice  that  any  of  the  parties  entitled  to  notice  are 
absent  from  the  Commonwealth  or  that  it  is  probable  that 
they  cannot  be  found  to  be  served  with  the  prece})t  or 
notice,  the  petition  shall  stand  continued  until  such  notice 
shall  be  given  as  the  court  or  justice  shall  direct. 

Section  4.  Section  twelve  of  chapter  one  hundred 
and  ninety-one  of  the  Public  Statutes,  and  all  acts  and 
parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

Section  5.  This  act  shall  take  eft'ect  on  the  first  day 
of  September  in  the  year  eighteen  hundred  and  eighty- 
eight  and  shall  not  apply  to  proceedings  begun  prior  to 
that  date.  Approved  May  15,  1888. 


ChaV.34.5   ■^^    ""^^^    CONCERNING    JUDGMENT    ANT)    EXECUTION     IN     FAVOR     OF 
ADVERSE   CLAIMANTS   IN   TRUSTEE   PROCESS. 

Be  it  enacted,  etc.,  as  follows: 

SutionSn'"^  Section  1.  Section  thirty-eight  of  chapter  one  hun- 
favor  of  adverse  drccl  and  ciglity-three  of  the  Public  Statutes  is  hereby 
trustee  process,  amended  so  as  to  read  as  follows:  —  Section  38      If  it 

Araendment  to  j.iij.1  i*  j.iii  ti  •  2.    r 

P.  s.  183,  §  38.  appears  that  the  clannant  holds  a  valid  assignment  irom 
the  principal  defendant,  and  that  such  assignment  is  held 
only  as  security  for  a  debt,  the  court  shall  upon  the 
request  of  the  plaintiff,  proceed  to  ascertain  and  deter- 
mine the  amount  due  upon  such  debt  at  the  time  of  the 
service  of  process  upon  the  trustee,  and  such  claimant 
shall  have  judgment  and  execution  for  his  costs  and  any 
sum  of  money  so  found  to  be  due  him ;  and  after  said 
judgment  and  execution  are  satisfied  the  excess  if  any  in 
the  hands  of  such  trustee,  above  the  amount  of  such  judg- 
ment, shall  be  subject  to  be  held  by  the  trustee  process 
in  the  same  manner  and  with  the  same  effect,  as  if  no  such 
assignment  existed.  But  if  it  appears  that  a  trustee  has 
been  defaulted  and  that  judgment  has  been  rendered 
against  him  thereon  and  that  he  had  in  his  hands  goods, 
efflects  or  credits  liable  to  the  attachment  and  that  he  has 
paid  any  part  thereof  on  the  execution  issued  on  the 
original  judgment  he  shall  be  liable  to  the  adverse  claim- 
ant only  for  the  excess  in  his  hands  above  the  amount  so 
paid. 

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

Ap)proved  May  15,  1888. 


1888.  —  Chapters  3iG,  3i7.  281 


An  Act  to  amend  chapter  one  hundred  and  seventy-eight  f^hf,q^  S4G 

OF  the  public  statutes  relating  to  partition  of  lands.  -^ 

Be  it  enacted^  etc.,  asfolloivs: 

Section  1 .     Section  two  of  chapter  one  hundred  and  ^ndl'.'°"  °^ 
seventy-eight  of  the  Public  Statutes  is  hereby  amended 
to  read  as  follows:  —  Stction  2.     One    or  more  of  the  Amendment  to 
persons  so  holding  lands  may  apply  by  petition  to  the    "   "  '  ' 
supreme  judicial  court,  or  the  superior  court,  held  for  an}^ 
county  in  which  any  of  the  lands  lie,  for  a  partition  of  the 
same,  and  said  court  may  cause  partition  to  be  made  of 
any  real  estate,  lying  within  the  Commonwealth,  of  which 
partition  is  prayed,  whether  situated  in  the  county  where 
such  petition  is  filed  or  in  any  other  county,  and  may 
cause  the  share  or  shares  of  the  petitioners  to  be  set  off 
and  assigned,  and  the  residue  of  the  premises  shall  remain 
for  the  person  or  persons  entitled  thereto  and  subject,  if 
more  than  one  person  is  so  entitled,  to  a  future  partition. 

Section   2.     Section  nine  of  said  chapter  is  hereb}'  Amendment  to 
amended  in  the  thirteenth  line  thereof  by  striking  out  the  ^-^-^'^'S^- 
words  ' '  when  held  for  the  county  in  which  the  lands  lie  " 
and  inserting  in  lieu  thereof  the  followino- :  —  when  held 
for  some  county  in  which  some  of  the  lands  lie. 

Section  3.  Section  seventy-five  of  said  chapter  is  Amendment  to 
hereby  amended  by  striking  out  the  word  "  the  "  at  the 
end  of  the  fourth  line  of  said  section  and  also  the  last  line 
of  said  section,  and  inserting  in  the  place  thereof  the  fol- 
lowing :  —  each  of  the  several  counties  or  districts  where 
the  lands  lie. 

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

Approved  May  17,  1888. 

An  Act  to  incorporate  the  city  of  quincy.  Chan  ^Xl 

Be  it  enacted,  etc. ,  as  follows : 

TITLE    I. municipal    GOVERNMENT. 

Section  1.    The  inhabitants  of  the  town  of  Quincy  shall,  P"y  °^  Q"'"*^> 

-     ,  /»     1  .  ^<j  J  '   incorporated. 

in  case  oi  the  acceptance  of  this  act  by  the  voters  of  said 
town,  as  hereinafter  provided,  continue  to  be  a  body 
politic  and  corporate  under  the  name  of  the  Cit}'  of 
Quincy,  and  as  such  shall  have,  exercise  and  enjoy  all  the 
rights,  immunities,  powers  and  privileges,  and  shall  be 
subject  to  all  the  duties  and  obligations  now  pertaining  to 


282 


1888.  —  Chapter  3i7. 


Ailuiinistraliou 
to  be  vested  in 


oalUni  th 
coiiucil. 


and  iuoumbent  upon  the  said  town  as  a  municipal  oorpo- 
nition. 

Sectiox  '2.     The  administration  of  all  the  fiscal,  pru- 
oiieotwcer called  dential  and  mnnicijial  alliiirs  of  said  citv.  with  the  irov- 

tlie  niavor,  and  ,  .•      i      1 1  i  i   •  *      .  i  "" 

a  lesiisiative  emnicnt  thereoi,  sliall  be  vested  in  an  executive  department 
si^f^1e"bod y ''' '*  which  sluiU  cousist  of  one  oHicer  to  be  called  the  mayor, 
and  in  a  legislative  department  which  shall  consist  of  a 
single  body  to  be  called  the  city  council,  the  members 
whereof  shall  be  called  councilmen.  The  executive  de- 
partment shall  never  exercise  any  legislative  power,  and 
the  legislative  department  shall  never  exercise  any  execu- 
tive power.  The  general  management  and  control  of  the 
public  schools  of  said  city  sliall  be  vested  in  a  school 
committee. 

Section  3.  The  territory  of  said  city  shall  first  be 
divided  into  six  wards,  as  hereinafter  provided,  but  said 
number,  upon  any  subsequent  division  of  said  city  into 
new  wards,  may  be  increased  by  an  affirmative  vote  of  a 
majority  of  the  members  of  the  city  council  passed  previ- 
ous to  and  in  the  vear  of  such  new  division. 


To  be  divided 
into  8i\  wards 


TITLE    II.  ELECTIONS    AND    MEETINGS. 


Municipal 
election  on  the 


Section  4.     The  municipal  election  shall   take   place 
«m  Tiiesdaj- of  annual  I V  on  the  first  Tuesday  of  December  :  and  the  mii- 

J  >ecember.  .    ,        .  "■  iiii  •  *i  .  -.r         -i  »t 

nicipal  year  shall  begin  on  the  hrst  Jionday  ot  January 
following.  All  meetings  of  the  citizens  for  municipal 
purposes  shall  be  called  by  warrants  issued  by  order  of 
the  city  council,  which  shall  be  in  such  form,  and  be 
served  and  returned  in  such  manner  and  at  such  times,  as 
the  council  may  by  ordinance  direct. 
Mayor,  council-       Section  5.     At  sucli  municipal  election  the  qualified 

men  and  mem-  ,  .  .  ,      .  '■  ,  ^ 

bersofthe        votci's  sliall  givc  iu  their  votes  by  ballot  in  the  several 
tee  to  be  elected  wards  for  luayor,  councilmen  and  members  of  the  school 
J  ballot.  committee  then  to  be  elected,  and  the  person  receiving 

the  highest  number  of  votes  for  any  office  shall  be  deemed 
and  declared  to  be  elected  to  such  office  ;  and  whenever 
two  or  more  persons  are  to  be  elected  to  the  same  office 
the  several  persons,  up  to  the  number  required  to  be 
chosen,  receiving  the  highest  number  of  votes  shall  be 
deemed  and  declared  to  be  elected.  If  it  shall  appear 
that  there  is  no  choice  of  mayor,  or  if  the  person  elected 
mayor  shall  refuse  to  accept  the  office,  or  shall  die  before 
qualifying,  or  if  a  vacancy  in  said  office  shall  occur  sub- 
sequently and  more  than  three  months  previous  to    the 


1888.  — Chapter  347.  283 

expiration  of  the  municipal  year,  the  city  council  shall 
forthwith  cause  warrants  to  l)e  issued  for  a  new  election, 
and  the  same  proceedings  shall  be  had  in  all  respects  as 
are  hereinbefore  provided  for  the  election  of  mayor,  and 
shall  be  repeated  until  the  election  of  a  mayor  is  completed. 
If  the  full  number  of  members  of  the  city  council  has  not 
been  elected,  or  if  a  vacancy  in  the  office  of  councilman 
shall  occur  sul)sequently  and  more  than  three  months 
previous  to  the  expiration  of  the  municipal  year,  the 
council  shall  forthwith  cause  a  new  election  to  be  held  to 
fill  the  vacancy  or  vacancies. 

Section  6.     All  meetings  for  the  election  of  national,  H^^H'^fJ"' 
state,  county  and  district  officers  shall  be  called  by  order  national,  state, 

etc    otlicc^rs  to 

of  the  city  council  in  the  same  manner  as  meetings  for  be  caiied  hy 
municipal  elections  are  called.  dVcoltnciu 

Section  7.     The  citv  council  may,  when  no  convenient  whennocoti- 

,  ,---,■,  •         "        n     ^  •    •  c  venient  ward 

ward  room  tor  holdmg  the  meetings  ot  the  citizens  ot  any  room  can  be 
ward  can  be  had  wdthin  the  territorial  limits  of  such  ward,  nfeeuug  i^ay '^e 
appoint  and  direct,  in  the  warrant  for  calling  any  meeting  ^''ary." ''^^"''*'"^ 
of  the  citizens  of  such  ward,  that  the  meeting  be  held  in 
some  convenient  place  within  the  limits  of  an   adjacent 
ward  of  the   city ;    and  for  such  purpose  the  place   so 
assigned  shall  be  deemed  and  taken  to  be  a  part  of  the 
ward  for  which  the  election  is  held. 

Section  8.     General  meetings  of  the  citizens  qualified  Genorai 

.  .         C  ^1  meetings. 

to  vote  may  from  time  to  time  be  held  according  to  the 
right  secured  to  the  people  by  the  constitution  of  this 
Commonwealth,  and  such  meetings  may,  and,  upon  the 
request  in  writing  of  fifty  qualified  voters,  setting  forth 
the  purposes  thereof,  shall  be  duly  called  by  the  city 
council. 

TITLE    III. legislative    DEPARTMENT. 

Section  9.     The  members  of  the  city  council  shall  con-  city  council  to 

•in  '^  ■!  1  •!  f  1         consist  of  coun- 

sist  ot  councilmen  at  large  and  councilmen  irom  wards,  ciimen  at  large 
and  shall  be  elected  annually  as  follows  :  councilmen  at  f"om  wai^di™*^" 
large,  in  number  one  less  than  the  number  of  wards  in 
said  city,  shall  be  elected  by  and  from  the  qualified  voters 
of  the  city  voting  in  their  respective  wards  ;  and  three 
councilmen  from  wards  shall  be  elected  by  and  from  the 
qualified  voters  in  each  ward.  The  councilmen  shall  hold 
office  for  the  municipal  year  beginning  with  the  first 
Monday  in  January  following  their  election,  and  until  a 
majority  of  the  succeeding  council  shall  be  elected  and 


284 


1888.  — Chapter  347. 


To  receive  no 
coiuponsiitioii 
for  services. 
>rayor  and 
councilman  elect 
to  meet  annually 
on  the  first 
Monday  ill 
January. 


They  shall  receive  no  compensation  for  their 


Organization. 


qualified, 
services. 

Sectiox  10.  The  mayor  elect  and  the  councilmen 
elect  shall  annually,  on  the  first  Mondu}"  in  January,  at 
twelve  o'clock  at  noon,  meet  and  be  sworn  to  the  faithful 
discharge  of  their  duties.  The  oath  shall  be  administered, 
at  their  first  meeting  after  the  acceptance  of  this  act,  by 
the  town  clerk,  and  in  subsequent  years  by  the  city  clerk, 
or,  in  case  of  his  absence,  by  any  justice  of  the  peace, 
and  shall  be  duly  certified  on  the  journal  of  the  city 
council.  In  case  of  the  absence  of  the  ma^^or  elect  on  the 
first  Monday  in  January,  or  if  a  mayor  shall  not  then 
have  been  elected,  the  oath  of  ofiice  may  at  any  time 
thereafter  be  administered  to  him  in  the  ])resence  of  the 
council ;  and  at  any  time  thereafter  in  like  manner  the 
oath  of  oflSce  may  be  administered  to  any  member  ol 
the  council  who  has  been  previously  absent,  or  has  been 
subsequently  elected ;  and  every  such  oath  shall  be  duly 
certified  as  aforesaid. 

Sectiox  11.  After  the  oath  has  been  administered  to 
the  councilmen  present,  they  shall  be  called  to  order,  at 
their  first  organization  by  the  town  clerk,  and  in  subsequent 
years  by  the  city  clerk,  or  in  case  of  the  absence  of  the  clerk, 
counclr'  °^  '*'*'  ^y  ^^^  oldest  member  present.  The  person  so  calling  the 
city  council  to  order  shall  proceed  to  call  the  roll  of  mem- 
bers, and  each  membei*  shall  declare  his  choice  for  presi- 
dent of  the  council,  who  shall  be  a  member  thereof.  If 
no  quorum  is  present  an  adjournment  shall  be  taken  to  a 
later  hour  or  to  the  next  day,  and  thereafter  the  same 
proceedings  shall  be  had  from  day  to  day  until  a  quorum 
shall  be  present.  If  any  person  receive  the  votes  of  a 
majority  of  all  the  members  of  the  council,  such  person 
shall  be  declared  chosen  president  thereof.  If  on  the  first 
day  on  which  a  quorum  is  present  no  person  receive  the 
votes  of  such  majority,  the  roll-call  shall  be  repeated 
until  some  person  receive  the  votes  of  such  majority  or 
an  adjournment  to  the  succeeding  day  is  taken,  and  on 
such  succeeding  daj^  a  plurality  of  those  voting  shall  be 
sufficient  for  an  election.  No  other  business  shall  be  in 
order  until  a  president  is  chosen.  The  president  shal 
be  sworn  by  the  town  or  city  clerk,  as  the  case  may  be, 
or,  in  case  of  the  absence  of  the  clerk,  by  an}'  justice  of 
the  peace.  The  council  shall  then  proceed  to  the  choice 
of  a  clerk  in  the  same  manner  as  above  provided  for  the 


Clerk  of  the 
council. 


1888.  —  Chapter  347.  28  > 

choice  of  president,  and  no   other  business   shall   be   in 

order  until  a  clerk  is    chosen.     The    president    and    the  riesident  and 

clerk  may  be  removed  from  office  by  the  affirmative  vote  removed  from 

of  two-thirds  of  all  the  members  of  the  council,  taken  by  ° 

roll-call.     The  president  of  the  council    shall   have  the 

same  right  to  vote  as  any  other  member  thereof.     The 

city  clerk  may  be  chosen  clerk  of  the  council,  l)ut  these 

offices  shall  nevertheless  remain  distinct  and  independent. 

The  clerk  of  the  council  shall  keep  a  iournal  containing  a  cierktokeepa 

ioiii'iiil  of 

record  of  the  proceedings  of  the  council,  and  a  record  at  proceedings. 
large  of  all  votes  taken  by  roll-call,  and  he  shall  engross, 
sign    and    attest    all    ordinances    and    resolutions    of  the 
council. 

Section  12.     The  mayor  may  at  any  time  call  a  special  any\°'„™caua 
meeting  of  the  city  council  by  causing  written  notification  special  meeting 
thereof,  together  with  a  statement  of  the  subjects  to  be 
considered  thereat,  to  be  left  at  the  usual  place  of  resi- 
dence of  each  member  of  the  council,  at  least  twenty-four 
hours  before  the  time  appointed  for  such  meeting. 

Section  13.     The  city  council  shall  determine  the  rules  city  council  to 

fix  rultjs  01  its 

of  its  own  proceedings  and  shall  be  the  judge  of  the  elec-  proceedings, 
tion,  returns  and  qualifications  of  its  own  members.     In  erection  "etc!',  of 
case  of  the  al^sence  of  the  president,  the  council    shall  ™'^™*'^"- 
choose  a  president  pro  tempore,  and  a  plurality  of  votes 
cast  shall  be  sufficient  for  a  choice.     The  council  shall  sit 
with  open  doors,  and  shall  cause  the  journal  of  its  pro- 
ceedings to  be  open  to  public  inspection.     The  vote  of 
the  council  upon  any  question  shall  be  taken  by  roll-call 
when  the  same  is  requested  by  at  least  three  members. 
A   majority   of    the   members    of    the    council    shall    be  Majority  to  be  a 
required  to  constitute  a  quorum,  but  a  smaller  number  "i""'"™" 
may  adjourn  from  day  to  day.     The  council  shall,  so  far 
as  not  inconsistent  with  this  act,  have  and  exercise  all  the 
legislative  powers  of  towns,  and  have  all  the  powers  and 
be  subject  to  all  the  liabilities  of  city  councils,  and  of 
either  branch  thereof,  under  the  general  laws  of  the  Com- 
monwealth, and  it  may  by  ordinance  prescribe  the  man- 
ner in  which  such  powers  shall  be  exercised. 

Section  14.     The  city  council  shall  in  the  month  of  Auditor  of 
January  choose  an  auditor  of  accounts,  who  shall  hold 
office  for  the  term  of  one  year,  beginning  with  the  first 
Monday  in  February  next  ensuing,  and  until  his  successor 
is  chosen  and  qualified      The  council  may  at  any  time,  office  of  comp. 
by  ordinance  or  resolution,  establish  the  office  of  comp-  estabaJh'ld. '" 


286 


1888.  —  Chapter  347. 


City  council, 
with  approval 
of  mayor,  may 
lay  out,  etc., 
streets. 


Ordinance,  etc., 
involving 
<  X2)enditure  of 
more  than  $300, 
requires  an 
aflirmative 
vote  of  the 
whole  council. 


Certain  ordi- 
nances, etc.,  to 
ije  submitted  to 
the  mayor  for 
ap])roval. 


troller,  and  may  prescribe  his  duties,  and  may  choose  a 
person  to  fill  such  office  in  the  same  manner  and  for  the 
same  term  as  herein  provided  in  the  case  of  the  auditor  of 
accounts.  A  majority  of  the  votes  of  all  the  members  of 
the  council  taken  by  roll-call  shall  be  necessary  for  the 
choice  of  the  auditor  of  accounts  and  comptroller,  and 
they  may  each  be  removed  by  the  affirmative  vote  of  a 
majority  of  all  the  members  of  the  council  taken  by  roll- 
call.  The  offices  of  auditor  of  accounts  and  of  comp- 
troller ma}^  be  held  by  the  same  person. 

Section  15.  The  city  council  shall,  with  the  approval 
of  the  mayor,  have  exclusive  authority  and  power  to 
order  the  laying  out,  locating  anew  or  discontinuing  of, 
or  making  specific  repairs  in,  all  streets  and  ways,  and 
all  highways  within  the  limits  of  said  city,  and  to  assess 
the  damages  sustained  by  any  person  thereby,  and  further, 
except  as  herein  otherwise  provided,  to  act  in  all  matters 
relating  to  such  laying  out,  locating  anew,  altering,  dis- 
continuing or  repairing.  Any  person  aggrieved  by  the 
assessment  of  his  damages,  or  other  action  of  the  council 
under  this  section,  shall  have  all  the  rights  and  privi- 
leges now  allowed  by  law  in  such  cases  in  appeals  from 
decisions  of  the  selectmen. 

Section  16.  In  case  any  ordinance,  order,  resolution 
or  vote  involves  the  appropriation  or  expenditure  of 
money,  to  an  amount  which  may  exceed  three  hundred 
dollars,  the  laying  of  an  assessment,  or  the  granting  to  a 
person  or  corporation  of  any  right  in,  over  or  under  any 
street  or  other  public  ground  of  said  city,  the  affirmative 
votes  of  a  majority  of  all  the  members  of  the  cit}^  council 
shall  be  necessary  for  its  passage.  Every  such  ordinance, 
order,  resolution  or  vote  shall  be  read  twice,  with  an 
interval  of  at  least  three  days  between  the  two  readings, 
before  being  finally  passed,  and  the  vote  upon  its  final 
passage  shall  be  taken  b}^  roll-call. 

Section  17.  Every  ordinance,  order,  resolution  or 
vote  of  the  city  council,  except  such  as  relate  to  its  own 
internal  affairs,  to  its  own  officers  or  employees,  to  the 
election  or  duties  of  the  auditor  of  accounts  or  comp- 
troller, to  the  removal  of  the  mayor,  or  to  the  declaration 
of  a  vacancy  in  the  office  of  mayor,  shall  be  presented  to 
the  mayor  for  his  approval  or  disapproval,  and  like  pro- 
ceedings shall  be  had  thereon  as  are  in  such  case  provided 
bv  the  general  laws  relatino^  to  cities. 


1888.  — Chapter  347.  287 

Section  18.     The  city  council  shall  have  power  within  cuy  conncii 
said  city  to  make  and  establish  ordinances  and  by-laws,  ™ruce8,%fc°' 
and  to  affix  thereto  penalties  as  herein  and  by  general  law  penalud 
provided,  without  the   sanction  of  any  court  or  justice 
thereof:  provided^  however,  that  all  laws  and  regulations 
now  in  force  in  the  town  of  Quincy,  shall,  until  they  shall 
expire  by  their  limitation,  or  be  revised  or  repealed  by 
the  council,  remain  in  force.     Complaint  for  the  breach 
of  any  ordinance  or  by-law  may  be  made  by  the  mayor  or 
any  head  of  a  department,  or  by  any  resident  of  the  city. 

Section  19.  No  vote  of  the  city  council  authorizing  Quiucy  water 
or  ratifying  a  contract  for,  or  providing  for  the  purchase  "'"•'''"^ " 
by  the  city  of  the  franchise  or  corporate  property,  or  any 
rights  and  privileges  of  the  Quincy  Water  Company,  a 
corporation  established  by  chapter  one  hundred  and 
sixty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three,  or  of  its  successors  or  assigns,  shall  take 
efiect  until  the  same  has  been  passed  by  an  affirmative 
vote  of  a  majority  of  all  the  members  of  the  council, 
taken  by  roll-call,  and  the  authority  so  to  purchase  has 
been  assented  to  by  the  voters  of  the  city  as  provided  by 
said  act. 

Section  20.     The  city  council  shall  not  authorize  the  city  council  not 
erection  of  a  school-house,  or  of  any  addition  thereto,  nor  ereTuon  ora 
pass  any  appropriation  for  such  purpose,  until  plans  for  etc°mnii"prane 
the  same  have  been  approved  by  vote  of  the  school  com-  ^^^'^  '^^^p  . 

,1  ,  .^,.  ..  approved,  etc., 

mittee  and  such  approval  has  been  certified  in  writing  to  by  the  school 
the  council  by  the  chairman  of  said  committee. 

Section  21.     The  city  council  sh:dl  not  authorize  or  Not  to  authorize 
appropriate  money  for  the  erection  of  a  city  hall,  or  for  cit^^haiunitu 
the  purchase  or  lease  of  land  for  a  location  thereof,  until  vot'eTs!'''*  ^^  '"^^ 
such  erection  has  been  approved  by  the  qualified  voters 
of  the  city,  voting  in  their  respective    precincts,  at    an 
annual  municipal  election.     The  form  of  such  approval 
shall  be  prescribed  by  the  council. 

Section    22.     The   city  council  may  establish  a  fire  Fire 
department  for  said  city,  to  consist  of  a  chief  engineer,    '^^"' 
one  assistant  engineer  from  each   ward  and  such   other 
officers  and  men  as  it  may  prescribe  ;  and  it  may  make 
regulations  for  the  government  of  the  department. 

Section  23.     The  city  council  may,  b}^  the  affirmative  I'oiicc 
vote  of  two-thirds  of  all  its  members,  establish  by  ordi-  ''^'"" 
nance  a  police  department,  to  consist  of  a  chief  of  police 
and  such  other  officers  and  men  as  it  may  prescribe,  and 


288 


1888.  —  Chapter  347. 


Removal  of 
inayjr  from 
olUce  for 
misconduct  or 
iiei^lect  of 
official  duty. 


Members  of 
council  not  to 
hold  other 
office,  etc. 


may  make  regulations  for  the  government  of  the  de[)art- 
ment. 

Section  24.  At  any  meeting  of  the  city  council  it 
shall  be  in  order  for  any  member  thereof  to  give  written 
notice,  seconded  in  writing  by  a  majority  at  least  of  all 
the  members  of  the  council,  of  his  intention  to  move  at 
the  next  meeting  thereof,  occurring  within  not  less  than 
ten  da}  s,  a  resolution  that  the  major  be  removed  for 
official  misconduct  or  neglect  of  duty.  Such  notice  shall 
specify  as  particularly  as  possible  the  acts  of  misconduct 
or  the  instances  of  neglect  of  duty  complained  of,  shall 
be  entered  at  large  by  the  clerk  in  the  minutes  of  the 
council,  and  the  clerk  shall  within  two  days  serve  a  copy 
thereof  upon  the  mayor  and  mail  a  copy  to  each  of  the 
members  of  the  council  at  his  residence.  At  such  next 
meeting  of  the  council  the  mayor  shall  have  the  right  to 
speak  in  his  own  defence  and  to  be  heard  by  counsel. 
The  vote  on  the  resolution  shall  be  by  roll-call.  If  the 
resolution  fail  to  receive  the  affirmative  votes  of  three- 
fourths  of  all  the  members  of  the  council  it  shall  have  no 
effect,  and  shall  not  be  re-introduced  durinij  that  meeting 
of  the  council.  If  it  receive  the  affirmative  votes  of  three- 
fouiths  of  all  the  members  of  the  council,  it  shall,  upon 
the  service  of  a  copy  thereof  upon  the  mayor,  personally 
or  by  leaving  the  same  at  his  last  or  usual  place  of  resi- 
dence, take  eflect,  and  the  office  of  mayor  shall  thereupon 
become  vacant.  The  council  shall  thereupon  order  a  war- 
rant for  a  new  election  for  mayor  to  be  issued,  and  such 
further  proceedings  shall  be  had  as  are  provided  in  sec- 
tion five  hereof  for  the  case  of  a  failure  to  elect  a  mayor. 

Section  25  No  member  of  the  city  council  shall, 
during  the  term  for  which  he  is  elected,  hold  any  other 
office  in  or  under  the  city  government,  have  the  expendi- 
ture of  any  money  appropriated  by  the  council,  or  act  as 
counsel  in  any  matter  before  the  council  or  any  committee 
thereof,  and  no  person  shall  be  eligible  for  appointment 
to  any  municipal  office  established  by  the  council  during 
any  municipal  year  within  which  he  was  councilman  until 
the  expiration  of  the  succeeding  municipal  year. 


Executive 
powers  to  be 
vested  in  the 
mayor. 


TITLE    IV. 


EXECUTIVE   DEPARTMENT. 


Section  26.  The  executive  powers  of  the  city  shall  be 
vested  solely  in  the  mayor  and  may  be  exercised  by  him 
either   personally   or   through   the    several    officers    and 


1888.  —  Chapter  347.  289 

boards  of  the  city  in  their  departments,  under  his  general  vacancies. 
supervision  and  control.  In  case  of  a  vacancy  in  any 
office  to  which  appointment  is  made  l)y  the  mayor  he  may 
personally  perform  the  duties  thereof,  liut  he  shall  not  be 
entitled  to  receive  any  salary  or  pay  attached  thereto. 
The  mayor  shall  hold  office  for  the  municipal  year  begin- 
ning Avith  the  first  Monday  in  January  following  his 
election,  unless  sooner  removed,  and  until  his  successor 
is  elected  and  qualified. 

Section  27.     The  mayor  shall  have  the  sole  power  of  ^^'^y?'' ^^y 

..  rf,  ii'iii  appoinl  and 

appointment  to  all  the  municipal  offices  established  by  or  removes  mu- 
under  this  act,  unless  herein  otherwise  provided  ;  and  he  Jstabushed  un. 
may  remove  from  office  by  written  order  any  officer  so  iluiess  othel-- 
appointed  hereunder  for  any  cause  which  he  shall  in  his  p,!ovided"" 
official  discretion  deem  sufficient,  which  cause    he    shall 
assign  in  his  order  of  removal.     Such  office  shall  become 
and  be  vacant  upon  the  tiling  with  the  city  clerk  of  such 
order  of  removal,  and  the  service  of  a  copy  thereof  ui)on 
the  officer  so  removed,  either  personally  or  by  leaving  the 
same  at  his  last  or  usual  place  of  residence.     The  city 
clerk  shall  keep  such  order  of  removal  on  tile  where  it 
shall  be  open  to  public  inspection. 

Sectiox  28.  The  salary  of  the  mayor  shall  be  one  saiaryof 
thousand  dollars  a  year  for  the  period  of  the  first  ten  ™'^5'°i-- 
municipal  years,  and  thereafter  shall  be  one  thousand  dol- 
lars a  year,  and  such  additional  sum  as  the  city  council 
may  establish  by  ordinance  passed  by  vote  of  two-thirds 
of  all  its  members,  such  ordinance  not  to  take  effect, 
however,  until  the  year  succeeding  that  in  which  it  is 
passed. 

Section  29.  Until  a  department  of  police  shall  be  Mayor  to  have 
established  in  accordance  with  the  provisions  of  this  act,  poiice°f'orc^'' ° 
the  mayor  shall  have  the  ap])ointment,  control  and  direc-  departmenns 
tion  of  the  police  force  of  the  city.  established. 

Section  80.     Whenever  by  reason  of  sickness  or  ab-  who  may  act 

,,  .,  ..  J ,        *^  .1  1      11      1        when  mayor  if 

sence  irom  the  city  or  other  cause  the    mayor  shall    be  disabled  by 
disabled  from  performing  the  duties  of  his  office,  he  may  abaVncTfioni 
designate  l)y  a  writing  filed  in  the  office  of  the  city  clerk,  'i»"'''i- 
either  the  city  treasurer,  the  commissioner  of  public  works, 
the  city  clerk,  or  the  city  solicitor  to  act  as  mayor,  or,  in 
case  of  the  failure  of  the  mayor  to  make  such  designation, 
the  first  named  of  the  above  mentioned  officers  then  ])er- 
forming  the  duties  of  his  office  shall  act  as  mayor.     Such 
officer  shall,  during  the   continuance   of  such  disability^ 


200 


1888.  —  Chapter  3^7 


President  of  the 
council  may  act 
in  case  of 
vacancy  in  office 
of  mayor. 


have  all  the  rights  and  powers  of  mayor,  except  that  he 
shall  not  when  so  acting  have  the  power  of  removal,  unless 
thereto  in  any  instance  authorized  1)y  vote  of  the  city  coun- 
cil, nor  any  power  of  appointment  unless  such  disability 
of  the  mayor  has  continued  for  a  period  of  thirty  days, 
nor  power  to  approve  or  disapprove  any  ordinance,  order, 
resolution  or  vote  until  within  twenty-four  hours  of  the 
time  when  it  would  take  eftect  without  the  approval  of  the 
mayor.  In  case  such  disability  of  the  ma^or  continues  for 
a  period  exceeding  thirty  days,  the  city  council  may  at 
any  time  after  the  expiration  of  that  period  declare  a 
vacancy  to  exist  in  the  oiEce  of  mayor. 

Section  31.  Whenever  there  shall  be  a  vacancy  in 
the  office  of  mayor,  the  president  of  the  city  council  shall 
act  as  mayor  and  possess  all  the  rights  and  powers  of 
mayor  during  such  vacancy,  except  that  when  so  acting 
as  mayor  he  shall  not  have  the  power  of  appointment  or 
removal  unless  thereto  in  any  instance  authorized  by  vote 
of  the  council. 


TITLE    V. 


SCHOOL   DEPARTMENT. 


School  commit- 
tee to  have  the 
management 
and  control  of 
the  schools. 


Manner  of 
election,  etc. 


Section  32.  The  management  and  control  of  the 
schools  of  said  city  shall  be  vested  solely  in  a  school  com- 
mittee, consisting  of  members  at  large  and  members  from 
wards,  who  shall  serve  without  pay  and  shall  be  elected 
from  the  inhabitants  of  the  city  as  follows;  At  the  first 
municipal  election  held  under  this  act  three  members  at 
large  of  the  school  committee  shall  be  elected  by  the  qual- 
ified voters  of  the  entire  city,  one  to  serve  for  the  term  of 
three  years,  one  for  the  teim  of  two  years  and  one  for  the 
term  of  one  year,  beginning  with  the  first  Monday  in  Jan- 
uary then  next  ensuing,  and  thereafter  one  member  at 
large  of  said  school  committee  shall  be  elected  in  like  man- 
ner at  each  annual  municipal  election,  to  serve  for  the  term 
of  three  years  beginning  with  the  first  Monday  in  January 
next  ensuing,  in  place  of  the  member  at  large  whose  term 
then  expires.  At  said  first  election  six  mcml)ers  from 
wards  of  said  school  committee  shall  be  elected  by  the  qual- 
ified voters  in  the  several  wards  respectively,  one  such 
member  being  elected  in  each  ward,  two  of  such  members 
to  serve  for  terms  of  three  years,  two  for  terms  of  two 
years,  and  two  for  terms  of  one  year,  beginning  with  the 
first  Monday  in  January  next  ensuing.  The  selectmen  of 
the  town  of  Quincy  directly  after  the  acceptance  of  this 


1888.  — Chapter  347.  291 

act  shall  determine  1)j  lot  which  wards  of  said  city  shall  tZnl'^TvdTL 
elect  members  as  aforesaid  for  three  years,  two  years  and  be  determined 
one  year  respectively,  and  shall  give  public  notice  of  their 
determination  seven  days  at  least  before  said  first  election. 
At  each  subsequent  annual  municipal  election  the  qualified 
voters  in  each  ward  which  has   elected  a  member  from 
wards  of  the  school  committee,  whose  term  of  office  then 
expires,  shall  elect  in  his  place  a  member  of  said  commit- 
tee to  serve  for  the  term  of  three  years  as  aforesaid.     If 
in  any  year  there  shall  be  a  new  division  of  said  city  into 
wards,  the  terms  of  office  of  all  the  members  of  the  school 
committee  from  wards   shall  expire    at   the    end    of  the 
municipal  year  in  which  such  division  is  made  ;  and  at  the 
municipal  election  occurring  in  such  year  one  member  from 
wards  shall  be  elected  b}^  the  qualified  voters  in  each  new 
ward,  and  the  council  shall  by  lot  make  such  arrangement 
of  the  terms  of  the  respective  members  from  wards  of  said 
committee  that  the  terms  of  one-third  of  such  members, 
as  near  as  may  be,  shall  expire  each  year.     The  school  S'e^'schooi''* 
committee  shall  at  its  first  meeting  in  each  municipal  year,  committee. 
or  as  soon  thereafter  as  may  be,  choose  a  chairman  from 
among  its  members  by  ballot,  and  the  votes  of  a  majority 
of  all  the  members  of  the  board  shall  be  required  in  order 
to  elect.     The  school  committee  may  at  any  time  by  vote 
of  a  majority  of  all  its  members  remove  such  chairman  and 
elect  another  in  his  place. 

Section  33.     The  school  committee  shall,  on  the  first  ff^P^toofs"'^'"' 
Monday  in  January,  or  as  soon  thereafter  as  may  be, 
choose,  by  vote  of  a  majority  of  its  members,  but  not  from 
their  number,  a  superintendent  of  schools,  who  shall  be 
under   its    direction    and    control.     Such    superintendent 
shall  hold  office  until  the  first  Monday  in  January  next 
ensuing,  unless  sooner  removed,  and  until  his  successor 
is  chosen  and  qualified ;  and  he  may  be  removed  at  any 
time  by  the  school  committee  by  vote  of  a  majority  of  its 
members.     The  school  committee  shall  in  case  of  a  va-  vacancies  in 
cancy  in  their  numbers  forthwith  notify  the  city  council,  committee. 
and  the  council  shall  call  a  joint  convention  of  the  mem- 
bers thereof  and  of  the  school   committee,   and  at  such 
convention  the  vacancy  shall,  by  vote  of  a  majority  of  all 
the  members  of  the  two  bodies,  be  filled  until  the  end  of 
the  municipal  year  in  which  the  warrant  for  the  next  en- 
suing municipal  election  is  issued,  and  at  such  election  the 
vacancy  shall  be  filled  for  the  remainder,  if  any,  of  the 


292  1888.  —  Chapter  347. 

unexpired  term  in  the  same  manner  as  the  meml)er  whose 
office  is  vacant  was  elected. 

TITLE    VI.  ADMINISTRATIYE    OFFICERS. 

Section  34.  There  shall  be  the  following  administra- 
tive officers,  who  shall  perform  the  duties  by  law  and 
herein  prescribed  for  them  respectively,  and  such  further 
duties  not  inconsistent  with  the  nature  of  their  respective 
Commissioner  officcs  as  the  city  couucil  may  prescribe  :  —  I.  A  com- 
of  public  worlds,  niissioner  of  public  works,  who  shall  have  cognizance, 
direction  and  control: — a.  Of  the  performance  of  all 
contracts  entered  into  by  the  city  with  any  water  com- 
pany, of  the  observance  by  every  water  company  having 
pipes  within  the  city,  of  all  the  laws  of  the  Common- 
wealth and  ordinances  of  the  city,  and  of  all  structures, 
machinery,  pipes,  and  other  property  owned  or  leased  by 
the  city,  connected  with  the  supply  and  distribution  of 
water;  b.  Of  the  construction,  alteration,  repair,  care 
and  lighting  of  streets,  ways  and  sidewalks ;  c.  Of  the 
construction,  alteration,  repair  and  care  of  public  build- 
ings ;  except  that  the  care  of  all  school  buildings  shall 
remain  under  the  control  of  the  school  committee,  and 
the  care  of  the  Thomas  Crane  public  library  under  the 
control  of  the  board  of  trustees  of  said  lil)rary ;  d.  Of 
the  construction,  alteration,  repair  and  care  of  public 
sew^ers  and  drains  ;  e.  Of  the  digging,  construction  and 
care  of  wells  for  the  city ;  f.  Of  the  construction,  altera- 
tion, repair,  care  and  maintenance  of  public  bridges.  No 
person  or  corporation  authorized  by  the  city  council  to 
dig  up  any  public  street  or  sidewalk  in  said  city  shall 
begin  such  digging  loefore  furnishing  to  such  commis- 
sioner security,  satisfactory  to  him,  to  restore  such  street 
or  sidewalk  to  its  former  condition.  The  said  commis- 
sioner shall,  in  general,  except  as  in  section  lifteen  of  this 
act  otherwise  provided,  have,  exclusively,  the  poAvers  and 
be  subject  to  the  duties,  liabilities  and  penalties  which 
may,  by  law,  be  given  to  or  imposed  upon  road  commis- 
City  ireasuier.  sioucrs  of  towns.  II.  A  city  treasurer,  who  shall  rcccive. 
have  the  custody  of  and  pay  out  all  moneys,  and  cause  an 
accurate  account  of  the  same  to  be  kept  in  proper  ])ook- 
keeping  form,  or  in  such  form  as  the  city  council  may 
prescribe.  He  shall  make  to  the  council,  annually  or 
oftener,  at  such  time  or  times  in  each  year  as  it  shall 
prescribe,  a  full  and  detailed  statement  of  the  receipts 


1888.  —  Chapter  347.  293 

and  expenditures  of  the  city  during  such  portion   of  the 
tinancial  year  as  it  may  direct,  and  of  the  cash  balance  or 
surplus  ;  and  in  every  such  statement  the  different  sources 
of  the  city  revenue  and  the  amount  received   from   each, 
the   several  appropriations  made,  the   objects   for   which 
the  same  were  made,  and  the  amount  of  moneys  expended 
under  each,  tlie  moneys   borrowed  on   the   credit  of  the 
city,  the  authority  under  which  each  loan  was  made,  and 
the   terms    on   which   the    same   was    obtained,   shall    be 
clearly  and  particularly  specified.     III.  A  city  clerk.     IV.  coiiiector''of 
A  collector  of  taxes ;  and  the  offices  of  collector  of  taxes  taxes. 
and  of  city  treasurer  may  be  held  by  the   same  person. 
V.  A  city  solicitor,  who  shall  have  charge  and  control  of  ^"y  solicitor. 
the  legal  business  of  the  city,  shall  attend  to  such  matters 
as  may  be  referred  to  him  by  the  mayor,  and  shall  act  as 
corporation  counsel  when  called  upon  for  a  legal  opinion 
by  the  city  council,  the  mayor,  or  any  municipal  officer 
established  b}^  this  act.     VI.  A  chief  of  police,  when  a  chief  of  police. 
police  department  is  established  as.  herein  provided.    VII.  *^^'^^  engineer. 
A  chief  engineer  of  the  fire  department,  when  a  fire  de- 
partment is   established  as  herein  provided.     VIII.  An  overseer  of 
overseer  of  the  poor,  who  shall  exercise  the   powers   and     ^^°°^- 
be  subject  to  the  duties  prescribed  for  boards  of  overseers 
of  the  poor  by  the  laws  of  the  Commonwealth.     IX.  A  ^^i'JfJSfauT 
principal    assessor,   and    as    many  assistant  assessors   as  assessors. 
there  are  wards  in  the  city,  who  shall  together  constitute 
the  board  of  assessors.     The  principal  assessor  shall  be 
ex  officio  chairman  of  the  board.     One  assistant  assessor 
shall  be  assigned  by  the  board  to  each  ward  of  the  city. 
The  city  council  may,  by  the  affirmative   vote   of  two- 
thirds  of  all  its  members,  authorize   the   appointment  of 
second  assistant  assessors,  who  shall  be  appointed  by  the 
principal   assessor ;    they    shall    be    equally   apportioned 
among  the  wards  of  the   city,  shall  be  assigned  to  the 
wards  of  which  they  are  respectively  resident,  and  shall 
assist  in  assessing  only  the  persons  and  property  therein. 
X.  Aboard  of  park  commissioners,  consisting  of  three  Board  of  park 
persons,  who  shall  exercise  the  powers  and  be  subject  to 
the  duties  given  to  or  imposed  upon  the  board   of  park 
commissioners  of  the  town  of  Quincy  by  chapter  seventy 
of  the  acts  of  the  3'ear  eighteen  hundred  and   eighty-two, 
so  far  as   not  inconsistent  with   this   act,  and   shall  have 
general  cognizance,  direction  and  control  of  laying   out 
and  caring  for  the  public  parks  of  the  city  and  of  all  work 


coramissioners. 


294 


1888.  — Chapter  347. 


Board  of  health. 


License 
coramiseiouers. 


Trustees  of 
public  library. 

Managers  of 
Adams 
A  cademy . 
Managers  of 
public  burial 
places. 


Additional 
administrative 
offices  may  be 
established. 


Chairmen  of 
boards  to  be 
choseu  by 
ballot. 


Secretary  and 
clerk. 


in  and  upon  the  same.  XI.  A  ])oard  of  health,  consist- 
ing of  five  persons  ;  but  in  case  the  city  council  shall  at 
any  time  provide  for  the  payment  of  the  members  of  said 
board,  the  number  thereafter  appointed  shall  be  three. 
XII.  A  board  of  license  commissioners,  if  said  city 
authorizes  the  granting  of  licenses  for  the  sale  of  intoxi- 
cating liquors.  Such  board  shall  consist  of  the  following 
officers,  ex  officio  :  the  mayor,  who  shall  be  the  chairman 
of  the  board,  the  city  treasurer  and  the  chief  of  police, 
or,  until  a  department  of  police  is  established,  the  city 
clerk.  XIII.  A  board  of  trustees  of  the  Thomas  Crane 
public  librar}^  consisting  of  six  persons.  XIY.  A  board 
of  managers  of  the  Adams  academy,  consisting  of  six  per- 
sons. XV.  A  board  of  managers  of  public  burial  places, 
consisting  of  six  persons,  who  shall  have  general  cog- 
nizance, direction  and  control  of  laying  out  and  caring 
for  public  burial  places,  and  of  all  work  in  or  upon  the 
same.  The  above  named  officers  and  boards  shall  be 
appointed  on  or  before  the  first  Monday  in  February, 
and  shall  hold  their  respective  offices  for  the  term  of  one 
year,  beginning  with  the  first  Monday  in  February,  unless 
sooner  removed,  and  until  their  respective  successors,  or 
in  the  case  of  boards,  until  a  majority  of  the  members 
thereof  are  appointed  and  qualified.  They  shall  be  sw^orn 
to  the  faithful  discharge  of  the  duties  of  their  respective 
offices.  The  city  council  may  by  ordinance  establish  ad- 
ditional administrative  offices  and  define  the  duties  of  the 
incumbents  thereof,  and  such  offices  shall  be  subject  to 
the  provisions  of  this  act. 

Section  35.  Each  of  the  above  named  boards  shall, 
at  its  first  meeting  on  or  after  the  first  Monday  of  Feb- 
ruary in  each  year,  or  as  soon  thereafter  as  may  be, 
choose  by  ballot  a  permanent  chairman  from  among  its 
members,  unless  otherwise  above  provided.  Xo  person 
shall  be  chosen  permanent  chairman  unless  he  shall 
receive  the  votes  of  a  majority  of  the  members  of  the 
board,  and  he  may  be  removed  from  such  chairmanship 
by  the  same  vote.  Each  of  said  boards  shall,  unless  it 
has  a  clerk  as  hereinafter  provided,  choose  a  secretary 
from  among  its  members,  in  the  same  manner  as  above 
prescribed  for  the  choice  of  a  chairman,  and  may  remove 
him  in  the  same  manner.  The  city  council  may  authorize 
any  of  said  boards  to  choose  a  clerk  in  the  manner  al)ove 
prescribed  for  the  choice  of  a  chairman  and  secretary,  and 
may  provide  for  the  payment  of  such  clerk. 


1888.  —  Chapter  3i7.  295 

Section  36.  The  auditor  of  accounts  shall  on  the  first  f^j-fo,"^ 
business  day  of  every  month  audit  all  accounts  in  which 
the  city  is  concerned  as  debtor  or  creditor  and  shall  re- 
port to  the  council  as  it  shall  direct.  He  shall  have 
access  at  all  times  during  business  hours  to  all  the  books 
and  vouchers  of  the  city  treasurer. 

Section  37.     The  mayor,  the  chairman  of  the  school  po^hl^-e  se^Ts*'* 
committee,  the  auditor,  the  comptroller,  all  of  the  admin-  with  the  city 

L.  ,  Till  1  p  council  ex 

istrative  oincers  above  named  other  than  the  members  oi  otiiciis. 
boards,  and  the  chairmen  of  the  above  named  boards  shall 
ex  officio  be  entitled  to  seats  with  the  city  council.  The 
mayor  shall,  when  requested,  and  all  the  other  officers 
above  named  shall,  unless  excused,  attend  its  meetings  ; 
and  they  shall,  at  the  request  of  the  council,  answer  for 
their  respective  offices,  committees  and  boards  at  the 
meetings  of  the  council.  In  case  the  chairman  of  a  board 
is  unable  to  be  present  at  any  such  meeting,  he  may 
designate  another  member  of  the  board  to  represent  it  at 
such  meeting.  The  said  officers  shall  be  notified  in  like 
manner  with  the  councilmen  of  all  the  meetings  of  the 
council.     They  shall   have  the   ri2;ht  to   speak   upon  all  rheymay 

,■'  .  ,~  ^  I  speak,  but  shall 

matters  relating  to  their  respective  departments,  but  upon  not  vote. 
no  other  matters,  and  shall  have  no  right  to  vote.     They 
shall   give  such  information   as  may  be  required  by  the  hifonulilon'^as 
members  of  the  council  and  answer  such  questions  as  may  "eq^i^ed. 
be  asked  by  the  members  in  relation  to  any  matter,  act 
or  thing  connected  with  their  respective  offices  or  the  dis- 
charge of  the  duties  thereof:  provided,  Jioicever,  that  any  Proviso. 
such  officer  may  refuse  to  answer  such  question  if  notice 
thereof  has  not  been  given  at  least  three  days  before  the 
time  of  the  meeting  in  a  notice  book  to  be  provided  for 
the  purpose  by  the  city  clerk  and  kept  in  his  office,  unless 
the  council  shall  vote  that  the  question  is  of  such  urgency 
and  of  such  nature  that  it  should  be  answered  without 
notice. 

Section  38.       The  administrative  officers  and  boards  Administrative 
above  named  in  this  title,  and  all  administrative  officers  muv%%oint 
and  boards  hereafter  established  by  the  city  council  and  emVoyeeI!etc. 
not  coming  within  the  department  of  any  officer  or  board 
so  above  named,  shall  have  the  power,  except  as  herein 
otherwise  provided,  to  appoint  or  employ  and  to  remove 
or  discharge  all  officers,  clerks  and  employees,  in  their  re- 
spective departments.      Such  appointments  shall  not  be 
for  any  specified  term,  but  shall  hold  good  until  removal 


29G 


1888.  — Chapter  3i7. 


(Orders  of 
rcmuval  shall 
ntate  the 
s;roiin(ls 
tlierufor. 


lioards,  etc.,  to 
iiiiike  contracts 
for  work  and 
materials. 


Boards,  etc.,  to 
k  e  )  record  of 
oflicial 
transactions. 


Ct-rtain  officers 
may  be  required 
to  give  bonds. 


or  discharge.  Orders  of  removal  shall  state  the  grounds 
therefor,  and  shall  he  entered  upon  the  records  of  the 
officer  or  board  making  the  same,  and  removals  shall  take 
effect  upon  the  tiling  of  a  copy  of  such  order  with  the  city 
clerk  in  a  l)()ok  })rovided  for  the  purpose,  and  open  to 
public  inspection.  The  above  named  administrative  offi- 
cers and  boards  shall,  in  their  respective  departments, 
make  all  necessar}'  contracts  for  work,  and  for  the  furni.sh- 
ing  of  materials  and  supplies  for  the  city,  and  for  the  con- 
struction, alteration,  repair  and  care  of  all  public  works, 
institutions,  buildings  and  other  property ;  and  shall 
have,  subject  to  the  mayor,  the  direction  and  control  of 
all  the  executive  and  administrative  business  of  the  city. 
They  shall  be  at  all  times  accountable  to  the  mayor,  as 
the  chief  executive  officer,  for  the  proper  discharge  of 
their  duties. 

Section  39.  Every  board,  and  every  officer  above 
named  not  a  member  of  a  board,  shall  keep  a  record  of 
all  official  transactions,  and  such  record  shall  he  open  to 
public  inspection. 

Sectiox  40.  The  city  council  may  require  the  auditor 
of  accounts,  the  comptroller,  the  treasurer  and  such  other 
officers  as  are  entrusted  with  the  receipt,  care  and  dis- 
bursement of  money,  to  give  bonds  with  such  security  as 
it  shall  deem  proper  for  the  faithful  discharge  of  their  re- 
spective duties. 


<  )lficers  to  be 
sworn  within 
tive  days  of 
appointment 
or  election. 


Kliaibilitj'  for 
election  or 
appointment 
to  utlice. 


TITLE    VII. GENERAL    PROVISIONS. 

Section  41.  Every  person  elected  or  appointed  to 
the  office  of  auditor  of  accounts  or  comptroller,  or  to  any 
administrative  office  named  in  the  preceding  title  of  this 
act,  shall,  within  tive  days  after  notice  of  such  election  or 
appointment,  except  as  herein  otherwise  provided,  take 
and  subscribe,  before  the  mayor  or  city  clerk,  or  a  justice 
of  the  peace,  an  oath  or  affirmation  faithfully  to  perform 
the  duties  of  his  office,  which  oath  or  affirmation,  or  a 
certified  copy  thereof,  shall  be  tiled  in  the  office  of  the 
city  clerk. 

Section  42.  No  person  shall  be  eligible  for  election 
or  appointment  to  any  office  established  l)y  this  act,  unless 
at  the  time  of  such  election  or  appointment  he  shall  have 
l)een  a  citizen  of  the  United  States  for  at  least  one  \'ear, 
nor  to  any  such  office  except  the  offices  of  commissioner  of 
public  works,  superintendent  of  schools,  chief  of  police 


1888.  — Chapter  317.  297 

and  chief  engineer  of  the  fire  department,  unless  at  the 
time  of  such  election  or  ai)pointment  he  shall  have  been  a 
resident  of  the  city  for  at  least  one  year.  No  person  shall 
be  eligible  for  election  as  a  councilman  from  wards  unless 
he  shall  have  been  a  resident  of  the  ward  for  which  he 
is  elected  for  at  least  three  months  previous  to  his  elec- 
tion. 

Sectiox  43.     Any  office  established  by  or  under  this  office  to  become 
act  shall  become  vacant  if  the  incumbent  thereof  ceases  to  iucumi)ent 
be  a  resident  of  the  city.     The  conviction  of  the  incum-  ^esSu''^'' 
bent  of  any  such  office  of  a  crime  punishable  by  imprison- 
ment shall  operate  to  create  a  vacancy  in  the  office  held 
by  him. 

Section  44.  The  limit  of  indebtedness  of  the  said  iVidebtudness 
city,  exclusive  of  any  indebtedness  created  for  supplying  "^  the  city. 
the  inhabitants  with  water,  shall  be  one  per  cent,  of  the 
average  valuation  of  said  city,  as  ascertained  in  accordance 
with  chapter  three  hundred  and  twelve  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-live,  but  otherwise  the 
general  laws  relating  to  municipal  indel)tedness  shall 
apply  to  said  city.  The  financial  year  of  the  city  shall 
begin  at  such  time  as  the  city  council  shall  by  ordinance 
prescribe. 

Section  45.       The  administrative  officers  and  boards  Boards  to 
above  named  in  title  six  shall,  annually,  on  or  before  the  mayor  estimates 
first  day  of  ^Vlarch,  furnish  to  the  mayor  an  itemized  and  required^for 
detailed  estimate  of  the  moneys  required  for  their  respec-  "^"^  ^'®'*'- 
tive  departments  or  offices  during  the  ensuing  financial 
year.     The  mayor  and  city  treasurer  shall  examine  such 
estimates,  and  shall  submit  the  same  to  the  city  council 
on  or  before  the  first  day  of  April,  with  their  itemized  and 
detailed  recommendations  thereon.     No  gross  appropria- 
tion of  money,  and  no  item  thereof,   in  excess  of  the 
recommendations  of  the  mayor  and  city  tieasurer,  in  case 
they  shall  agree  in  such  recommendations,  shall  be  passed 
by  the   council,  except  by  the    affirmative  vote  of  two- 
thirds  of  the  members  present  and  voting,  a-nd  in  no  case 
by  vote  of  less  than  a  majority  of  all  the  members  of  the 
council. 

Section  46.     Every  officer  and  employee,  of  the  city,  officers  and 
other  than  those  mentioned  in  section  thirty-seven  of  this  f'lniiwhirfor- 
act,  shall,    at    the    request  of    the    city  council,  appear  '"ty'coimeii'^ 
before  it  and  give  such  information  as  it  may  require  in  "po"  »'-<i"«-et- 
relation  to  any  matter,  act  or  thing  connected  with  his 


298 


1888.  —  Chapter  347. 


Salaries  to  be 
fixed  by  ordi- 
uance. 


No  expenditure 
to  be  made  uutil 
appropriation 
has  been  voted. 


Civil  service. 


No  right,  suit, 
etc.,  to  be 
affected  by 
this  act. 


Am_-ndnieut8  to 
1S83,  162. 


office  or  employment  or  the  discharge  of  the  duties 
thereof. 

Section  47.  Tlie  city  council  shall  establish  by  ordi- 
nance the  regular  salaries  or  remuneration  of  the  offices 
established  by  this  act,  in  case  the  same  is  not  fixed 
herein,  and  of  such  other  offices  as  may  hereafter  be 
established,  and  after  the  first  municipal  year  no  ordinance 
of  the  council  changing  any  such  salary  or  remuneration 
shall  take  effect  until  the  municipal  year  succeeding  that 
in  Avhich  the  ordinance  is  passed. 

Section  48.  No  sum  appropriated  for  a  specific  pur- 
pose shall  be  expended  for  any  other  purpose,  and  no  ex- 
penditure shall  be  made,  nor  liability  incurred,  by  or  in 
behalf  of  the  city,  until  an  appropriation  has  been  .duly 
voted  by  the  city  council,  sufficient  to  meet  such  expendi- 
ture or  lia])ility,  together  with  all  prior  unpaid  liabilities 
which  are  payable  out  of  such  appropriation  :  provided, 
however,  that,  after  the  expiration  of  the  financial  year 
and  until  the  passage  of  the  regular  annual  appropriations, 
liabilities  payable  out  of  a  regular  appropriation  to  be 
contained  therein  may  be  incurred  to  an  amount  not  ex- 
ceeding one-third  of  the  total  of  such  appropriation  for  the 
preceding  year. 

Section  49.  Nothing  herein  contained  shall  affect  the 
enforcement  of  the  provisions  of  chapter  three  hundred 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  being  "An  Act  to  improve  the  civil  service 
of  the  Commonwealth  and  the  cities  thereof",  or  of  the 
rules  made  by  the  commissioners  appointed  thereunder ; 
and  the  city  council  shall  make  sufficient  and  proper 
appropriations  for  the  carrying  out  and  enforcement  of 
said  act  and  such  rules  in  said  city. 

Section  50.  The  passage  of  this  act  shall  not  affect 
any  right,  accruing  or  accrued,  or  any  suit,  prosecution 
or  other  legal  proceeding  pending,  at  the  time  when  it 
shall  take  effect  by  acceptance,  as  herein  provided,  and 
no  penalty  or  forfeiture  previously  incurred  shall  be 
affected  thereby.  All  persons  holding  office  in  said  town, 
at  the  time  this  act  shall  be  accepted  as  aforesaid,  shall  con- 
tinue to  hold  such  offices  until  the  organization  of  the  city 
government  hereby  authorized  shall  be  effected,  and  until 
their  respective  successors  shall  be  chosen  and  qualified. 

Section  51.  Chapter  one  hundred  and  si.xtj^-two  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-three  is 


1888.  — Chapter  347.  299 

hereby  amended  by  inserting  after  the  words  "  direction 
of",  in  line  twenty-two  of  section  two  of  said  act,  the 
words  :  —  the  commissioner  of  public  works  of  the  city  of 
Quincy  or,  —  by  striking  out  in  the  thirteenth  line  of 
section  ten  of  said  act  the  words,  "by  the  water  com- 
missioners hereinafter  provided  for",  and  inserting  in 
place  thereof  the  words  :  —  by  the  commissioner  of  public 
works  of  the  city  of  Quincy,  —  by  inserting  after  the 
words,  "  said  loan",  in  the  eighteenth  line  of  said  section, 
the  words  :  —  unless  an  amount  thereof,  equal  to  the  total 
amount  divided  l>y  the  greatest  numljer  of  years  which 
any  of  such  securities  have  to  run,  is  made  payable  at  the 
end  of  each  year  from  the  date  of  its  issue,  —  and  by 
striking  out  section  twelve  of  said  act  and  inserting  in 
place  thereof  a  new  section,  as  follows:  —  Section  12. 
All  the  authority  granted  to  the  city  of  Quincy  by  this 
act,  and  not  otherwise  specitically  provided  for,  shall  l)e 
vested  in  the  commissioner  of  public  works,  to  be  exer- 
cised by  him,  subject  to  the  ordinances  and  regulations  of 
the  city  council.  In  case  a  sinking  fund  is  constituted, 
under  the  provisions  of  this  act,  the  city  treasurer  shall 
ex  officio  be  the  trustee  of  such  sinking  fund,  subject  to 
the  ordinances  and  regulations  of  the  city  council.  — The 
city  of  Quincy  is  hereby  given  all  the  rights  and  privi- 
leges, and  made  subject  to  all  the  duties  and  liabilities 
given  to  or  imposed  upon  the  town  of  Quincy  by  said  act, 
except  as  above  amended. 

Sectiox  52.  So  much  of  chapter  seventy  of  the  acts  Repeat, 
of  the  year  eighteen  hundred  and  eighty-two  as  is  incon- 
sistent with  this  act  is  hereby  repealed,  and  the  city  of 
Quincy  is  hereby  given  all  the  rights  and  privileges  and 
made  subject  to  all  the  liabilities  therein  given  to  or  im- 
posed upon  the  town  of  Quincy  with  relation  to  laying 
out  and  maintaining  a  public  park  or  parks. 

Section  53.  Upon  an  acceptance  of  this  act,  as  here-  Division  of 
in  provided,  the  selectmen  of  said  town  shall  forthwith  Ifx'waids"  ° 
divide  the  territory  thereof  into  six  wards,  so  that  the 
wards  shall  contain,  as  nearly  as  may  be  consistent  with 
well  defined  limits  to  each,  an  equal  number  of  voters, 
and  they  shall  designate  the  wards  by  numbers.  They 
shall,  for  the  purpose  of  the  first  municipal  election  to  be 
held  hereunder,  which  shall  take  place  on  the  first  Tues- 
day of  December  next  succeeding  such  acceptance,  provide 
suitable   polling  places   in   the"  several    wards,   and  give 


300  1888.  —  Chapter  347. 

notice  thereof,  and  shall  at  least  ten  days  previous  to  such 
first  Tuesday  in  December  appoint  all  proper  election 
officers  therefor,  and  they  shall  in  general  have  the  powers 
and  perform  the  duties  of  the  mayor  and  the  board  of 
aldermen  of  cities  under  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four,  the  provisions  of  which  shall  so  far  as  applicable 
apply  to  said  election  ;  and  the  toAvn  clerk  shall  perform 
the  duties  therein  assigned  to  city  clerks.  The  registrars 
of  voters  shall  cause  to  be  prepared  and  pul)lished  accord- 
ing to  law  lists  of  the  qualified  voters  in  each  of  the  wards 
established  by  the  selectmen. 
Selectmen  to  Section  54.     The  Selectmen  shall   notify  the  persons 

notify  persons  ^     r>  -i         •  /.i 

elected  at  first  elcctcd  at  such  tirst  election  severally  of  their  elections, 
provide 'place  of  aud  shall  pi'ovidc  and  appoint  a  place  for  the  first  meeting 
Inayorlnd'^city  of  the  mayor  and  city  council  on  the  first  Monday  in 
council.  January  next  ensuing;  and  shall,  by  written  notices  left 

at  their  respective  places  of  residence,  at  least  twenty-four 
hours  prior  to  such  meeting,  notify  thereof  the  mayor 
elect  and  councilmen  elect,  who  shall  immediately  proceed 
to  organize  and  carry  into  effect  the  provisions  of  this  act, 
which  shall  then  have  full  force  and  effect.  The  select- 
men shall,  in  like  manner,  provide  and  appoint  a  place 
and  time  for  the  first  meeting  of  the  school  committee  and 
notify  the  members  elect  thereof.  Nothing  herein  shall 
affect  the  annual  meeting  in  said  town  for  the  election  of 
national,  state,  district  and  county  officers,  which  may  be 
held  next  after  the  acceptance  thereof. 
Meeting  of  Section  55.     A  meeting  may  be  held  for  the  purpose 

voters  to  act  />         i         •      •  •  /■     i  ^      i   • 

upon  acceptance  of  submittuig  the  cjuestioii  of  tlic  acccptancc  of  this  act  to 
the  legal  voters  of  said  town  at  any  time  within  two  j^ears 
after  the  passage  thereof,  except  in  the  months  of  Novem- 
ber and  December.  At  such  meeting  the  polls  shall  be 
open  not  less  than  eight  hours,  and  the  vote  shall  be  taken 
by  ballot  in  accordance  with  the  provisions  of  chapter  two 
hundred  and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  so  far  as  the  same  shall  be  ap- 
plicable, in  answer  to  the  question  :  "  Shall  an  act  passed 
by  the  general  court  in  the  j^ear  eighteen  hundred  and 
eighty-eight,  entitled  '  An  Act  to  incorporate  the  city  of 
Quincy',  be  accepted?";  and  the  affirmative  votes  of  a 
majority  of  the  voters  present  and  voting  thereon  shall  be 
required  for  its  acceptance.  If  at  any  meeting  so  held 
this  act  shall  fail  to  be  thus  accepted,  it  may,  at  the  ex- 


1888.  —  Chapter  3J8.  801 

piration  of  three  months  from  any  such  previous  meeting, 
be  again  thus  submitted  for  acceptance,  but  not  after  the 
period  of  two  years  from  the  passage  thereof. 

Section  5().     So  mucli  of  this  act  as  authorizes  the  to  take  fuii 
submission  of  the  question  of  its  acceptance  to  the  legal  acc^eptaucr. 
voters  of  ihe  said  town  shall  take  effect  upon  its  passage, 
but  it  shall  not  take  further  effect  unless  accepted  by  the 
legal  voters  of  said  town  as  herein  prescribed. 

Approved  May  17^  1888. 


C/iajy.'MS 


An  Act  in  relation  to  the  employment  of  children. 
Be  it  enacted,  etc.,  as  follows : 

Secttox  1.     No  child  under  thirteen  years  of  a^e  shall  .9?".''  "°'''^'" 

.  .  ^  ^  1     ^  thirteen  years 

he  employed  at  anytime   in  any  factory,  workshop  or  "^ot  to  be 
mercantile  establishment.     No  such  child  shall  be  employed  fat'oriel,  et"c. 
in  any  indoor  work,  performed  for  w^ages  or  other  com-  bi;°emp^o'j^e'd''fm- 
pensation,  to  whomsoever  payable,  during  the  hours  when  pi^buc  schoof 
the  public  schools  of  the  city  or  town  in  which  he  resides  ^°""'*'  «">• 
are  in  session,  or  shall  be  employed  in  any  manner  during 
such  hours  unless  during  the  year  next  preceding  such 
employment  he  has  attended  school   for  at  least  twenty 
weeks  as  required  by  law\ 

Section  2.     No    child   under   fourteen    years  of   age  cinid  under 
shall  be  emplo3'ed  in  any  manner  before  the  hour  of  six  not'to  b"  em'* 
o'clock  in  the  morning  or  after  the  hour  of  seven  o'clock  six  A'^M-'^or'^after 
in  the  evenino;.     No  such  child  shall  be  emploved  in  anv  i^''%^\-^\ 

,  Y    ^  •!  1  T    1  biicn  ohild  not 

lactory,   workshop    or   mercantile  establishment,   except  !« i^e  employed 
during  the  vacation  of  the  public   schools  in  the  city  or  etc'!,  except' 
town  wdiere  he  resides,  unless  the  person  or  corporation  of"pubiTr^"°" 
employing  him  procures  and  keeps  on  file  a  certificate  and  schools,  etc. 
employment  ticket  for  such  child  as  prescribed  by  section 
four  of  this  act,  and  no  such  child  shall  be  employed   in 
any  indoor  work,  performed  for  wages  or  other  compen- 
sation, to  whomsoever  payable,  during  the  hours  when 
the  public  schools  of  such  city  or  toAvn  are   in   session, 
unless  as  aforesaid,  or  shall  be  employed  in  any  manner 
during  such  hours  unless  during  the  year  next  precedin<r 
such   employment  he  has    attended   school   for   at  least 
twenty  weeks  as  required  by  law  ;  and  such  employment 
shall  not  continue  in  any  case  beyond  the  time  Avhen  such 
certificate  exiiires.     The  chief  of  the  district  police,  with  r><ity  of  chief 

1  1^1  1111  !•  "'  the  district 

the  approval  ot  the  governor,  shall  have  authority  to  des-  police. 
ignate  any  kind    or  kinds    of  employment   in    factories, 
workshops  or  mercantile  establishments  as  injurious  to  the 


302 


1888.  —  Chapter  348. 


When  child 
under  sixteen 
years  may  be 
employed. 


Certificate  of 
child  under 
fourteen  years 
not  to  be  signed 
until  employ- 
ment ticket  is 
presented . 


health  of  children  under  foui'teen  years  of  age  employed 
therein,  and  after  one  week's  written  notice  from  the  said 
chief  to  the  employer  or  his  superintendent,  overseer  or 
other  a^ent  of  such  desiojnation  no  such  child  shall  be 
employed  in  any  such  kind  or  kinds  of  employment  m 
any  factory,  workshop  or  mercantile  establishment. 

Section  3.  No  child  under  sixteen  years  of  age  shall 
be  employed  in  any  factory,  workshop  or  mercantile 
establishment  unless  the  person  or  corporation  employing 
him  procures  and  keeps  on  file  the  certificate  required  in 
the  case  of  such  child  by  the  following  section,  and  also 
keeps  on  file  a  full  and  complete  list  of  such  children 
employed  therein. 

Section  4.  The  certificate  of  a  child  under  fourteen 
years  of  age  shall  not  be  signed  until  he  presents  to  the 
person  authorized  to  sign  the  same  an  employment  ticket, 
as  hereinafter  prescribed,  duly  filled  out  and  signed. 
The  certificate  and  the  emploj^ment  ticket  shall  be  sepa- 
rately printed,  and  shall  be  in  the  following  forms  respec- 
tively, and  the  blanks  therein  shall  be  filled  out  and 
signed  as  indicated  by  the  words  in  brackets  :  — 


Employment 
ticket. 


Employment  Ticket,  Law  of  1888. 

When  [name  of  child] ,  height  [feet  and  inches] ,  com- 
plexion [fair  or  dark] ,  hair  [color] ,  presents  a  certificate 
duly  signed,  I  intend  to  employ  [him  or  her]. 

[Signature  of  intending  employer  or  agent.] 

[Town  or  city  and  state.] 


Age  and  Schooling  Certificate,  Law  of  1888. 

in|\ert1fica^e°^"  Tl"*^  Certifies  that  I  am  the  [father,  mother  or  guardian] 
of  [name  of  child],  and  that  [he  or  she]  was  born  at 
[name  of  town  or  city] ,  in  the  county  of  [name  of  county, 
if  known] ,  and  state  [or  country]  of  [name] ,  on  the  [day 
and  year  of  birth],  and  is  now  [number  of  years  and 
months]  old. 

[Signature  of  father,  mother  or  guardian.] 
[Town  or  city  and  date.] 

Then  personall}'  appeared  before  me  the  above  named 
[name  of  person  signing]  and  made  oath  that  the  fore- 
going certificate  by  [him  or  her]  signed  is  true  to  the 
best  of  [his   or  her]   knowledge    and    belief.     I   hereby 


1888.  —  Chapter  348.  303 

approve   the    foregoing   certificate    of    [name    of  child],  Age  and  school- 
height  [feet  and  inches] ,  complexion  [fair  or  dark] ,  hair 
[color] ,  having  no  sufficient  reason  to  doubt  that  [he  or 
she]  is  of  the  age  therein  certified. 

[Signature  of  person  authorized  to  sign,  with  official 
character  or  authority.] 

[Town  or  city  and  date.] 

In  case  the  age  of  the  child  is  under  fourteen,  the  cer- 
tificate shall  continue  as  follows,  after  the  word  "certi- 
fied "  :  —  And  I  hereby  certify  that  [he  or  she]  can  read 
at  sight,  and  can  write  legibly,  simple  sentences  in  the 
English  language,  and  that  [he  or  she]  has  attended  the 
[name]  public  [or  private]  day  school  according  to  law 
for  [number  of  weeks,  which  must  be  at  least  twenty] 
weeks  during  the  year  next  preceding  this  date,  and  that 
the  last  twenty  weeks  of  such  attendance  began  [date] . 
This  certificate  expires  [date,  one  year  later  than  above 
date] . 

[Signature  of  the  person  authorized  to  sign,  with 
official  character  or  authority.] 

If  attendance  has  been  at  a  private  school,  also  signature 
of  a  teacher  of  such  school,  followed  by  words,  —  certify- 
ing to  school  attendance. 

[Town  or  city  and  date.] 

In  case  a  child  cannot  read  and  write  as  above  stated, 
the  following  may  be  substituted  for  the  clause  beginning 
"and  I  hereby  certify"  through  to  and  including  the 
word  "language";  "and  I  hereby  certify  that  [he  or 
she]  is  a  regular  attendant  at  the  [name]  public  evening 
school " ;  but  in  such  case  the  certificate  shall  only  con- 
tinue in  force  for  as  long  a  time  as  attendance  of  such 
child  at  such  evening  school  is  endorsed  weekly  during 
the  session  of  such  evening  school,  not  exceeding  the 
length  of  the  public  school  year  minus  twenty  weeks  in 
place  of  attendance  at  day  school  as  now  provided  by  law, 
with  a  statement  from  a  teacher  thereof  certifying  that 
his  attendance  continues  regular.  If  attendance  has  been 
at  a  half-time  school,  forty  weeks  of  such  attendance  must 
be  certified  to  instead  of  twenty.  The  foregoing  certifi- 
cate must  be  filled  out  in  duplicate,  and  one  copy  thereof 
shall  be  kept  on  file  by  the  school  committee.  Any  ex- 
planatory matter  may  be  printed  with  such  certificate  in 
the  discretion  of  the  school  committee  or  superintendent 
of  schools. 


dOi  1888.  —  Chapter  348. 

scUoiiQgcer-         Sectiox  5.     Ill  citics  aiid  towns  having  a  superintend- 
tifieatetobe       ent  of  schools,  Said  certificate  shall  be  sio;ned  only  by  such 
superintendent,  or  by  some  person  authorized  by  him  m 
writing ;  in  other  cities  and  towns  it  shall  be  signed  b}^ 
some  member  or  members  of  the  school  committee  author- 
Proviso.  \yQ^  ]^y  yQ^p  thcreof:  provided,  hoivever,  that  no  member 

of  a  school  committee,  or  other  person  authorized  as  afore- 
said, shall  have  authority  to  sign  such  certilicate  for  any 
child  then  in,  or  about  to  enter,  his  own  employment,  or 
the  employment  of  a  firm  of  which  he  is  a  member,  or  of 
a  corporation  of  which  he  is  an  officer  or  employee.  The 
person  signing  the  certificate  shall  have  authority  to 
administer  the  oath  provided  for  therein,  luit  no  fee  shall 
be  charged  therefor ;  such  oath  may  also  be  administered 
by  any  justice  of  the  peace. 
Certificate  of  Section  ().      The  Certificate  as  to  the  birthplace  and 

ly  father,  etc.  agc  of  a  chjld  sliall  bc  signed  by  his  father  if  living  and  a 
resident  of  the  same  city  or  town  ;  if  not,  by  his  mother; 
or  if  his  mother  is  not  living,  or  if  living  is  not  a  resident 
of  the  same  city  or  town,  by  his  guardian;  if  a  child  has 
no  father,  mother  or  guardian  living  in  the  same  city  or 
toAvn,  his  own  signature  to  the  certificate  may  be  accepted 
by  the  person  authorized  to  approve  the  same. 
Provisions  in  Section  7.     No  cliild  who  lias    been  continuously  a 

been  continu-  residcut  of  a  citj  or  town  since  reaching  the  age  of  thir- 
since  "eathing"  tceu  ycars  sliall  be  entitled  to  receive  a  certificate  that  he 
age  of  thirteen,  ^as  reachccl  the  age  of  fourteen  unless  or  until  he  has 
attended  school  according  to  law  in  such  city  or  town  for 
at  least  twenty  weeks  since  reaching  the  age  of  thirteen, 
unless  exempted  by  law  from  such  attendance.  Before 
signing  the  approval  of  the  certificate  of  age  of  a  child, 
the  person  authorized  to  sign  the  same  shall  refer  to  the 
last  school  census  taken  under  the  provisions  of  section 
three  of  chapter  forty-six  of  the  Public  Statutes,  and  if 
the  name  of  such  child  is  found  thereon,  and  there  is  a 
material  difference  between  his  age  as  given  therein  and 
as  given  by  his  parent  or  guardian  in  the  certificate,  allow- 
ing for  lapse  of  time,  or  if  such  child  plainly  appears  to 
be  of  materiall}^  less  age  than  that  so  given,  then  such 
certificate  shall  not  be  signed  until  a  copy  of  the  certifi- 
cate of  birth  or  of  baptism  of  such  child,  or  a  copy  of  the 
register  of  its  birth  with  a  town  or  citj^  clerk,  has  l)een 
produced,  or  other  satisfactoiy  evidence  furnished  that 
such  child  is  of  the  age  stated  in  the  certificate. 


1888.  — Chapter  348.  305 

Section  8.     The  truant  officers  may,  when  so  author-  Tmant  officers, 
ized  and  required  by  vote  of  the  school  committee,  visit  may  visit"""" ' 
the  factories,  workshops  and  mercantile  establishments  in  '"^'o'"^*- ^' *=• 
their  several  cities  and  towns,  and  ascertain  whether  any 
children  under  the  age  of  fourteen  are  employed  therein 
contrary  to  the  provisions  of  this  act,  and  they  shall  report 
any  cases  of  such  illegal  employment  to  the  school  com- 
mittee and  to  the  chief  of  the  district  police  or  the  in 
spector  of  factories  for  the  district.      The  inspectors  of  inspectors  of 
factories,  and  the  truant  officers  when  authorized  as  afore-  demauci  names 
said,  may  demand  the  names  of  all  children  under  sixteen  "here 'employed, 
years  of  age  employed  in  such  factories,  workshops  and  y'JarJ/'*'''"'" 
mercantile  establishments,  and  may  require  that  the  cer- 
tilicates  and  lists  of  such  children  provided  for  in  this  act 
shall  be  produced  for  their  inspection.     Such  truant  offi- 
cers shall  inquire  into  the  employment,  otherwise  than  in 
such  factories,  workshops  and  mercantile  establishments, 
of  children  under  the  age  of  fourteen  3'ears,  during  the 
hours  when  the  public  schools  are  in  session,  and  may  re- 
quire that  the  aforesaid  ccrtiticates  of  all  children  under 
sixteen  shall  be  produced  for  their  inspection  ;  and  any 
such  officer,  or  any  inspector  of  factories,  may  bring  a 
prosecution  against  a   |)erson  or  corporation  employing 
any  such  child,  otherwise  than  as  aforesaid,  during  the 
hours  when  the  public  schools  are  in  session,  contrary  to 
the  provisions  of  this  act,  if  such  employment  still  con- 
tiimes  one  week  after  written  notice  from  such  officer  or 
inspector  that    such    prosecution  will   be   brought,  or  if 
more  than  one  such  written  notice,  whether  relating  to  the 
same  child  or  to  any  other  child,  has  been  given  to  such 
employer  by  a  truant  officer  or  inspector  of  factories  at 
any  time  within  one  year. 

Section  9.     Every  parent  or  guardian  of  a  child  under  Penaity  for  per. 
fourteen  years  of  age  who  permits  any  employment  of  menl'o'f,*'™^''"^" 
such  child  contrary  to  the  provisions  of  this  act,  and  every  ^'ent^toTchmi 
owner,  superintendent  or  overseer  of  any  factory,  w^ork-  contrary  to  this 
shop  or  mercantile  establishment  Avho  employs  or  permits 
to  be  employed  therein    any  child  contrary  to  the  pro- 
visions of  this  act,  and  any  other  person  who  employs  any 
child  contrary  to  the  provisions  of  this  act,  shall  for  every 
such  offence  forfeit  not  less  than  twenty  nor  more  than 
fifty  dollars  for  the  use  of  the  public  schools  of  the  city  or 
town.     Every  parent,  guardian,  or  person  authorized  to 
sign  the  certificate  prescribed  by  section  four  of  this  act, 


30G 


1888.  — Chapter  349. 


r>efinitioi)  of 
the  woids 
"  factory  "  and 
"  workshop. " 


Printed  copies 
of  act  10  be 
transmitted 
to  school 
comniittei  8. 


Repeal. 


To  take  effect 
July  1,  IhSS. 


^vho  certifies  to  any  materially  false  statement  therein, 
shall  be  punished  by  tine  not  exceeding  fifty  dollars,  or 
by  imprisonment  not  exceeding  thirty  days,  or  by  both 
such  fine  and  imprisonment.  A  failure  to  produce  to  a 
truant  officer  or  inspector  of  factories  the  certificate  re- 
quired by  the  provisions  of  this  act  shall  be  prima  facie 
evidence  of  the  illegal  employment  of  the  child  whose  cer- 
tificate is  not  produced. 

SECTiOiSr  10.  The  expressions  "factory"  and  "work- 
shop" used  in  this  act  shall  have  the  meanings  defined  lor 
them  respectively  by  chapter  one  hundred  and  three  of 
the  acts  of  the  year  one  thousand  eight  hundred  and 
eighty-seven. 

Section  11.  Within  one  month  of  the  passage  of  this 
act  the  chief  of  the  district  police  shall  cause  a  printed 
copy  thereof  to  be  transmitted  to  the  school  committee  of 
every  city  and  town  in  the  Commonwealth. 

Section  12.  Sections  one  to  six,  inclusive,  of  chapter 
forty-eight  of  the  Public  Statutes,  chapter  two  hundred 
and  twenty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-three,  chapter  two  hundred  and  twenty-two  of 
the  acts  of  the  j'ear  eighteen  hundred  and  eighty-five,  and 
section  one  of  chapter  four  hundred  and  thirty-three  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven  are 
hereby  repealed. 

Section  13.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  one  thousand  eight  hundred  and  eighty- 
eight.  Ajyjyroved  May  17^  1888. 


C/^r/p.oJO   A^'   '"^CT   TO   PROVIDE    FOR    THE    BETTER    ACCOMMODATION    OF    THE 
STATE   GOVERNMENT   IN   THE   CITY   OF   BOSTON. 

He  it  enacted,  etc.,  as  follows : 
Governor  and  Section  1.     For  the  purposc  of  providiug  Suitable  and 

counci  1  rriHV  •  • 

acquire  lan.i  adequate  accommodations  for  the  legislative  and  executive 
to?he  state  "^'"^  departments  of  the  state  government  and  for  the  sevei'al 
better Iccom-  burcaus,  boards  and  officers  of  the  Commonwealth  whose 
rnodation  of  the  oflSccs  are,  or  may  be,  located  in  the  city  of  Boston,  and 

Btate  govern-  '  J  ^  ^  J  ,•    i        /  ^ 

ment.  for  any  other  necessary  and  convenient  uses  of  the  Com- 

monwealth in  tlie  transaction  of  its  business,  the  governor 
and  council  are  herol)y  authorized,  in  the  name  and  l)ehalf 
of  the  Commonweahh,  to  acquire  by  gift  or  purchase,  or 
to  take  within  six  months  after  the  passage  of  this  act,  the 
whole  of  the  following  described  tracts  or  parcels  of  land, 
with  the  buildings  and  improvements  thereon,  and  with 


1888.  —  Chapter  349.  307 

the  rights  and  privileges  tlicrcto  appertaining,  the  same 
being  situate  in  said  city  of  Boston,  and  lying  adjacent 
or  near  to  the  state  house,  namely  :  The  square  or  par-  DescripUon 
eel  of  land  lying  next  north  of  the  state  house,  and  ^ 
bounded  north  by  Derne  street,  east  by  Temple  street, 
south  by  the  south  line  of  Mount  Vernon  street  and  west 
by  Hancock  street.  Also,  they  are  authorized  to  take, 
by  purchase  or  otherwise,  the  parcel  of  land  or  any  part 
thereof  comprising  the  estates  on  the  easterly  side  of 
Temple  street,  between  Mount  Vernon  and  Derne  streets, 
bounded  and  described  as  follows  :  Northerly  by  Derne 
street,  westerly  by  Temple  street,  southerly  by  the  south 
line  of  Mount  Vernon  street  and  easterly  by  a  line  par- 
allel with  and  sixty  feet  from  the  easterly  line  of  Temple 
street,  including  in  the  above  description,  in  whole  or  in 
part,  numbers  thirteen  and  fifteen  in  Blount  Vernon  street, 
and  eighty-two,  eighty,  seventy-eight,  seventy-six,  seven- 
ty-four, seventy-two,  seventy  and  sixty-eight  in  Temple 
street,  and  nine  and  eleven  in  Derne  street. 

Section  2.     The  governor  and  council  shall  file  in  the  to  file  in  the: 
registry  of  deeds  for  the  county  of  Suliblk,  and  cause  to  dteus'l  aLcnp- 
be  recorded  therein,  a  description  of  any  lands  taken  as  |^°  j°^tX)u. 
aforesaid,  as  certain  as  is  required  in  an  ordinary  deed  of 
land,  with  a  statement,  signed  by  the  governor,  that  the 
same  are  taken  in  the  name  and  behalf  of  the  Common- 
wealth under  provision  of  this  act ;  and  the  act  and  time 
of  filing  thereof  shall  be  deemed  to  be  the  act  and  time  of 
taking  such  lands,  and  to  be  sufficient  notice  to  all  persons 
that  the  same  have  been  so  taken.     The  title  to  all  lands  Tuie  to  vest  iu 
so  taken  shall  vest  absolutely  in  the  Commonw^ealth  and  "'e;Uii™ud  us 
its  assigns  forever.  '-^^^'s"* *°''''^«'- 

Section  3.     The  governor  and  council  shall  have  full  Amotint  of  com- 
power  to  settle,  by  agreement  or  arbitration,  the  amount  be"  el  tied '"y** 
of  compensation  to  be  paid  any  person  by  reason  of  the  afbiTnaion.""^  ^ 
taking  of  his  property  under  the  provisions  of  this  act ; 
and  in  case  a  price  shall  not  be  fixed  in  the  manner  afore- 
said the  governor  and  council  shall,  within  six  months 
from  the  date  of  taking,  proceed  to  appraise  the  value  of 
each  parcel  of  property,  and  the  value  of  the  interest  of 
each  and  every  party  therein,  so  far  as  may  be  ascertained, 
and  shall  file,  in  detail,  a  statement  of  their  findings  with 
the  treasurer  of  the  Commonwealth,  and  shall  immediately 
thereafter  give  public  notice,  by  advertising  once  a  ^veek 
for  three  successive  weeks  in  a  newspaper  published  in  the 


308 


1888.  —  Chapter  349. 


Party  dissatis- 
fied may  apply 
to  have  damages 
assessed  by  a 
jury. 


When  the 
provisions  of 
P.  8.112,  §§  107- 
109  shall  apply. 


Governor  nnd 
council  may 
negotiate  with 
city  of  Boston 
concerning 
construction  or 
change  of 
BirecLs,  etc. 


May  discontinue 

Temple  street, 

or  any  part 

thereof, 

between 

Mt.  Vernon  and 

Derue  streets. 


city  of  Boston,  of  the  fact  of  such  valuation,  together  with 
a  general  description  of  the  property  taken  sufficient  for 
identification,  and  the  appraisal  of  the  value  thereof  made 
by  them  ;  and  any  party  in  interest  who  shall  be  dissatis- 
fied with  the  valuation  made  as  aforesaid  may,  at  anytime 
within  one  year  from  the  date  of  hling  said  valuation  with 
the  treasurer,  apply  to  the  superior  court  for  the  county 
of  Suffolk  to  have  his  damages  assessed  by  jury  in  the 
manner  provided  in  section  one  hundred  and  five  of  chap- 
ter forty-nine  of  the  Pul)lic  Statutes,  and  the  provisions 
of  sections  one  hundred  and  six,  one  hundred  and  seven 
and  one  hundred  and  eight  of  said  chapter  shall  apply  to 
proceedings  hereunder. 

Section  4.  Whenever  the  property  taken  is  repre- 
sented by  a  guardian  or  trustee,  and  when  there  are 
different  interests,  or  Avhen  the  property  taken  is  mort- 
gaged, the  provisions  of  sections  one  hundred  and  seven, 
one  hundred  and  eight  and  one  hundred  and  nine  of 
chapter  one  hundred  and  twelve  of  the  Public  Statutes 
shall  apply. 

Section  5.  The  governor  and  council  are  authorized 
to  negotiate  with  the  city  of  Boston  concerning  the  con- 
struction of  any  new  street  or  way,  and  concerning  any 
changes,  whether  of  width,  location  or  grade,  in  Temple 
street,  Mount  Vernon  street,  or  any  other  street  necessary 
to  be  changed  in  the  course  of  the  work  herein  contem- 
plated, and  to  arrange  as  to  character  and  extent  of  any 
change  necessary  or  desirable  ;  also  the  terms  and  condi- 
tions as  between  the  Commonwealth  and  the  city  of  Boston 
on  which  such  changes  may  be  made,  and  may  agree  upon 
the  same,  subject  to  the  approval  of  the  legislature. 

Section  6.  The  governor  and  council  may  discontinue 
the  whole  of  Temple  street  between  jNIount  Vernon  street 
and  Derne  street,  or  any  portion  thereof,  and  any  avenue 
or  way  which  is  upon  or  across  any  land  acquired  or  taken 
as  aforesaid,  and  may  acquire  or  take,  as  aforesaid,  all 
rights  and  interests  in  and  to  the  land  under  the  same ; 
and  they  may  appropriate  any  portions  of  lands  acquired 
or  taken  under  this  act  for  laying  out,  widening  or  reloca- 
tion of  any  new  or  existing  street,  avenue  or  way  which 
they  may  deem  to  be  necessary  or  convenient  for  access 
to  the  present  state  house  grounds,  or  to  the  land  so 
acquired  or  taken,  or  for  public  use.  They  shall  cause  such 
notice  of  such  discontinuance,  laying   out,  widening   or 


1888.  —  Chapter  319.  309 

relocation,  with  a  description  by  metes  and  bounds  suffi- 
ciently accurate  for  identification,  to  be  published  in  the 
newspaper  in  which  the  general  laws  are  published  by  the 
secretary  of  the  Commonwealth ;  and  such  publication 
shall  l)e  deemed  to  be  sufficient  notice  to  all  persons  of 
such  discontinuance,  laying  out,  widening  or  relocation. 

Sectiox  7.     The  governor  and  council  shall  have,  in  j^^respecuo''''' 
respect  to  indemnity  and  assessment  of  damages  sustained  inii«n.iity  and 

i  .v.  Ill'  ^  i      assessment  of 

bv  any  persons  m  then-  v^roperty  by  the  laying  out,  locat-  damages  of 

*'  */i  •••i.-i  •         1  1      street  corninis- 

ing  anew,  altering  or  discontmumg  a  highway  in  the  work  sionersof  city 
contemplated  in  this  act,  all  powers  existing  in  the  street  p.  B^ll^ltc!'^"'' 
commissioners  of  the  city  of  Boston  under  chapter  forty- 
nine  of  the  Public  Statutes  or  other  acts  thereto  pertain- 
ing ;  and  the  provisions  of  said  chapter  forty-nine,  and 
other  acts  not  inconsistent  herewith,  respecting  assessment 
of  damages,  awarding  indemnity  for  damages  sustained 
by  reason  of  such  laying  out,  alteration,  locating  anew, 
discontinuance  of  a  highway,  or  order  for  special  repairs, 
shall  apply  to  proceedings  under  this  act.     And  all  awards  Awards  and 
and  judgments  rendered  under  this  act  shall  be  paid  by  paid  by  the  state 
the  treasurer  of  the  Commonwealth.  treasurer. 

Section  8.     Whenever  the  governor  and  council  shall  ^e"t"y  a^^ou^ts 
file  with  the  auditor  of  the  Commonwealth  a  statement  of  assessed  or 

,  ,  ,.     ,        agreed  upon. 

the  assessment  oi  damages  to  any  person  by  reason  ot  the 
taking  of,  or  damage  to,  his  property  in  pursuance  of  this 
act,  or  a  statement  showing  the  amount  agreed  upon  as 
aforesaid  as  purchase  price  for  any  property  herein 
described,  or  interest  therein,  the  auditor  shall  certify  the 
amount  so  assessed  or  agreed  upon,  and  a  warrant  sliall 
be  made  therefor  as  in  the  case  of  other  lawful  payments 
from  the  treasury  of  the  Commonwealth,  and  upon  the 
execution  of  such  release  or  conveyance  as  shall  be  pre- 
scribed by  the  attorney-general,  the  treasurer  shall  pay 
to  the  party  in  interest  the  sum  to  wdiich  he  is  entitled  as 
aforesaid. 

Section  9.     In    order  to  defray  the  expenses  which  Treasurer, 

•^  '■  ,  under  direction 

may  be  incurred  in  pursuance  or  this  act,  the  treasurer  of  governor  and 
and  receiver-general    is    hereby   authorized,    under    the  ^"sue^sei^yetc., 
direction  of  the  governor  and  council,  to  issue  scrip  or  norex^l-'ewhug 
certificates  of  debts,  in  the  name  and   behalf  of  the  Com-  $'>oo,ooo. 
monwealth,   to  an    amount  not  exceeding   five   hundred 
thousand  dollars,  redeemable  on  the  first  day  of  July  in 
the  year  nineteen  hundred  and  one  ;  said  scrip  to  bear 
interest  at  a  rate  not  exceeding  four  per  cent,  per  annum. 


310 


1888.  — Chapter  350. 


payable  semi-annually  at  the  office  of  the  treasurer  and 
receiver-general  in  Boston.  Said  scrip  shall  be  issued 
from  time  to  time  as  may  be  necessary,  and  no  portion  of 
said  scrip  shall  be  disposed  of  at  any  price  less  than  the 
par  value,  and  any  sum  or  sums  of  money  necessary  to  be 
paid  for  the  land  that  shall  be  taken  and  the  expenses  in- 
curred under  the  provisions  of  this  act,  are  hereby  appro- 
priated to  he  paid  out  of  the  proceeds  of  the  sale  of  scrip 
aforesaid,  or  from  any  other  money  in  the  treasury  not 
otherwise  appropriated. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  17,  1888. 


Chon.350  ^^   -^^^    ^   ADDITION    TO   AN   ACT    TO   ESTABLISH   A   BOARD   OF   GAS 

COMMISSIONERS. 


Gas  company, 
upon  applicii- 
tion  to  gas  cora- 
missioners,  may 
have  price  of  its 
gas  fixed  and 
determined. 


Manufacturers, 
etc.,  ot  gas  or 
electricity  for 
light,  etc.,  lo 
report  accidents 
"Where  any  per- 
son suffers 
bodily  injury. 


Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Any  gas  company  in  this  Commonwealth, 
whether  furnishing  gas  under  the  provisions  of  general 
laws  or  of  any  special  charter  or  of  any  contract  with  any 
cit}^  or  town,  may  apply  to  the  board  of  gas  commission- 
ers to  fix  and  determine  the  price  of  the  gas  to  be  there- 
after sold  and  delivered  by  said  company,  or  to  revise  any 
former  order  or  action  of  said  board  in  regard  to  the 
quality  or  price  tjiereof ;  said  board  after  sucli  notice  as  it 
shall  deem  expedient  shall  give  a  public  hearing  on  such 
application  to  the  petitioner  and  to  the  city  or  town  and 
such  other  persons  interested  as  may  desire  to  be  heard, 
and  thereafter  may  pass  such  orders  and  take  such  action 
in  regard  to  the  sul)ject  matter  as  it  may  deem  just  and 
reasonable,  and  the  orders  and  decrees  of  such  board  in 
relation  to  the  price  and  quality  of  the  gas  thereafter  to  be 
furnished  l)y  said  company  shall  be  thereafter  binding 
upon  all  parties  until  further  order  of  said  board.  When- 
ever, pursuant  to  section  nine  of  chapter  three  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
eight^'-iive,  the  said  board  has  ordered  a  reduction  in  the 
price  of  gas  or  improvement  in  quality  thereof  the  maxi- 
mum price  fixed  by  such  order  shall  not  be  increased  by 
the  company  named  therein  except  in  the  manner  herein 
provided. 

Section  2.  All  companies  and  individuals  engaged  in 
the  business  of  manufacturing  and  selling  gas  or  electricity 
for  light  or  fuel  shall  make  a  written  report  Avithin  twenty- 
four  hours  to  the  board  of  gas  commissioners   of  every 


1888.  — Chapter  351.  311 

accident  caused  by  the  ^ras  or  electricity  manufactured  or 
supplied  by  thera,  whereby  an  employee  or  any  other 
person  shall  suffer  bodily  injury,  or  loss  of  life,  or  be 
rendered  insensible,  statins:  the  time,  place  and  circum- 
stances of  the  accident,  and  such  other  facts  in  relation 
thereto  as  the  board  may  require  ;  and  the  board  shall 
present  in  its  annual  report  an  abstract  of  all  such  cases. 
The  board  shall  personally  investigate  all  cases  which  it 
may  deem  to  require  investigation. 

Sectiox  3.     This  act  shall  take  effect  on  the  thirtieth 
day  of  June  in  the  year  eighteen  hundred  and  eighty-eight. 

Approved  May  17,  1888. 

An  Act  fo  annex  a  portion  of  the  town  of  tewksbury  to  QJirtjj  3)1 

THE   CITY   of   LOWELL. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Sectiox  1.  So  much  of  the  town  of  Tewksbury  in  the  Portion  of  the 
county  of  Middlesex,  with  all  the  inhabitants  and  estates  buTy  rnnexeVio 
thereon,  as  is  thus  bounded  and  described,  to  wit :  begin-  ^^^w^J^.'^^ 
ning  at  a  point  where  the  present  dividing  line  between 
said  Lowell  and  said  Tewksbury  crosses  the  northerly 
boundary  line  of  the  location  of  the  Lowell  and  Andover 
railroad ;  thence  running  easterly  by  said  northerly 
boundary  line  about  twenty-one  hundred  feet  to  the 
easterly  line  of  Forrest  street,  so  called,  at  the  point  of 
its  intersection  with  said  northerly  boundary  line  of  the 
location  of  said  Lowell  and  Andover  railroad ;  thence 
running  northeasterly  in  a  straight  course  to  the  junction 
of  the  northerly  line  of  Rogers  street  with  the  easterly 
line  of  the  Butman  road,  so  called  ;  thence  running  by 
said  easterly  line  of  said  Butman  road,  northerly,  north- 
westerly and  northerly  to  Andover  street,  and  in  the  same 
course  to  the  northerly  line  of  said  Andover  street ;  thence 
by  said  northerly  line  of  said  Andover  street  westerly 
about  thii-ty-five  feet ;  thence  northerly  l)y  the  westerly 
line  of  land,  now  or  formerly  of  one  Plummer  in  a  straight 
course  to  the  thread  of  the  Merrimack  river ;  thence  by 
the  thread  of  said  Merrimack  river  southwesterly  to  the 
present  western  boundary  line  between  said  Lowell  and 
said  Tewksbury ;  thence  by  said  present  western  bound- 
ary line  southerly  and  southwesterly  to  the  point  of  be- 
ginning, is  hereby  set  off  and  separated  from  said  town 
of  Tewksbury  and  annexed  to  and  made  a  part  of  the  city 
of  Lowell  in  said  county,  and   shall  constitute  a  part  of 


312  1888.  — Chapter  351. 

tlie  sixth  ward  thereof  until  a  new  division  of  wards  is 
made. 

^axeB'"^^^'^  Section  2.     The  inhabitants  and  the  estates   on   said 

tract  of  hmd  set  off"  as  aforesaid  and  the  owners  of  said 
estates  shall  be  liable  to  pay  all  such  taxes  as  are  already 
assessed  on  them  by  said  town  of  Tewksbury  and  all  such 
taxes  as  may  be  assessed  on  them  by  said  town  of  Tewks- 
bury before  this  act  shall  take  eiFect,  in  the  same  manner 
as  they  would  have  been  liable  if  this  act  had  not  been 
passed.  And  until  the  next  state  valuation  the  city  of 
Lowell  shall  annually  in  the  month  of  November,  pay  to 
the  town  of  Tewksl)ury,  the  proportionate  part  of  the 
state  and  county  tax  assessed  upon  said  town  of  Tewks- 
bury, which  the  valuation  of  the  part  set  oft*  bears^  to  the 
total  valuation  of  the  toAvn  according  to  the  valuation 
made  by  the  assessors  of  the  town  in  the  year  eighteen 
hundred  and  eighty-seven. 

Ajd  and  support       SECTION  3.     If  auv  persous  who  have  heretofore  o-ained 

of  paupers.  ,      ''  ,^  n   rr\         ^      i  ^  '~  o 

a  legal  settlement  in  the  town  ot   lewksbury  by  reason  ot 

residence   on  the    territory   set  off"  as    aforesaid,   or   by 

having  been  proprietors  thereof,  or  who  may  derive  such 

settlement  from  any  such   resident    or   proprietor,  shall 

come  to  want  and  stand  in  need  of  relief,  aid  and  support 

as  paupers  they  shall  be  relieved  and  supported  by  the 

city  of  Lowell,  in  the  same  manner  as  if  they  had  gained 

a  legal  settlement  in  said  Lowell. 

Election  of  sen-       Section  4.     The  inhabitants  upou  tlic  territory  hereby 

seutatives  to  the  sct  oft*  aud  aiinexcd  to  the  city  of  Lowell  shall  continue  to 

general  court.     |^^  ^  ^^^^^  ^^  ^l^^  towu  of  Tcwksbuiy  for  the  purposc  of 

electing  senators  and  representatives  to  the  general  court, 
until  the  next  apportionment  shall  be  made,  and  it  shall 
be  the  duty  of  the  mayor  and  aldermen  of  said  city  to 
make  a  true  list  of  the  persons  on  the  territory  hereby 
annexed,  qualified  to  vote  at  such  elections,  and  post  up 
the  same  in  said  territory,  and  correct  the  same,  as  re- 
quired by  law,  and  deliver  the  same  to  the  selectmen  of 
said  town,  at  least  seven  days  before  any  such  election, 
and  the  same  shall  be  taken  and  used  by  the  selectmen 
of  said  town  for  such  election  in  the  same  manner  as  if 
it  had  been  prepared  by  themselves. 

Section  5.     This  act  shall  take  eff'ect  upon  its  passage. 

Aj^proved  May  17,  1888. 


1888.  — Chapters  352,  353,  354.  313 


An  Act  to  establish  the  compensation  of  clerks  puo  tem-  CJiap.Sb2i 

PORE   OF   MUNICIPAL,   POLICE   AND   DISTRICT   COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  case  of  the  sickness,  absence  or  other  compensation 
disability  of  the  clerk  of  an}^  municipal,  police  or  district  tempore  of 
court,  having  no  assistant  clerk,  the  clerk  appointed  pro  police Tnd* 
tempore  shall  receive  for  each  day's  service  a  sum  equal  district  courts. 
to  the  rate  per  day  of  the  salary  of  the  permanent  clerk, 
said  compensation  to  be  paid  by  the  county  in  which  such 
court  is  situated  ;  but  the  compensation  so  paid  for  any 
excess  over  fouiteen  days'  service  by  the  clerk  pro  tem- 
pore in  any  one  year  shall  be  deducted  by  the    county 
treasurer  from  the  salary  of  the  clerk. 

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

A^roved  May  17,  1888. 

An  Act  relating  to  ballots  cast  by  women  in  elections  for  QJiaj).353 

MEMBERS   OF   SCHOOL   COMMITTEES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     No  ballot  shall    be    cast   by  any  woman  Baiiots  cast  by 
qualified  to  vote  for  school  committee,  unless  the  same  tions  for  mem- 
shall  contain  the  w^ords  :  —  For  school  committee  only, —  comi^mees?" 
clearly  written,  printed  or  stamped  upon  the  back  thereof; 
and  no  ballot  unless  so  endorsed  shall  be  received  from 
any  woman  so  voting.     Ballots  containing  such  endorse- 
ment shall  be  counted  only  in  the  choice  of  members  of 
school  committee,  and  for  no  other  office  or  purpose. 

Section  2.  The  provisions  of  section  twenty-seven  of  ^s^'mi" §  27, 
chapter  two  hundred  and  ninety-nine  of  the  acts  of  the  "°|  ^o^-^p'^  *° 
year  eighteen  hundred  and  eighty-four,  relating  to  the  schooUommit- 
printing  or  engraving  of  any  device  or  mark  upon  the 
backs  of  ballots  shall  not  apply  to  ballots  for  school  com- 
mittee only.  Approved  May  17,  1888. 


tee  only. 


Chap.354: 


An  Act  to  establish  a  board  of  sewer  commissioners  for 

THE   city   of  NORTHAMPTON. 

Be  it  enac'ed,  etc.,  as  follows : 

Section  1.     There  shall  be  elected  by  the  city  council  Board  of  sewer 

-,.  /.-vTi  1  in  comraiBSiouerB 

ot  the  city  01  JNorthampton,  by  concurrent  ballot,  as  soon  tobeestab- 
as  may  be  convenient,  six  persons,  legal  voters  of  said 
city,  to  constitute  a  board   of  sewer  commissioners,  to 
serve  two  for  one  year,  two  for  two  years,  and  two  for 
three  years,  from  the  first  Monday  of  March  in  the  year 


314 


1888.  — Chapter  354. 


Election  of 
sewer  commis- 
siouers. 


To  establish  a 
system  of  sew- 
erage and  sew- 
age disposal. 


To  construct, 
maintain  and 
have  charge  of 
all  main  drains 
and  common 
sewers. 


May  take  lands, 
divert  streams, 
etc. 


eighteen  hundred  and  eighty-eight  and  until  their  respec- 
tive successors  are  elected  and  qualified  ;  and  thenceforth 
there  shall  be  elected  annually,  in  the  same  manner,  in 
the  month  of  February,  two  persons,  legal  A^oters  of  said 
city,  to  serve  as  members  of  said  board  for  the  term  of 
three  years  from  the  first  Monday  of  ]\Iarch  then  next 
ensuing  and  until  their  respective  successors  are  elected 
and  qualified.  Said  commissioners  shall  annually  appoint 
a  clerk,  to  be  under  the  direction  and  control  of  said 
commissioners,  and  may  appoint,  but  not  from  their  own 
number,  a  superintendent ;  said  commissioners  may  re- 
move, for  sufficient  cause,  such  clerk  or  superintendent. 
The  compensation  of  such  clerk  and  superintendent  shall 
be  fixed  by  the  city  council.  Any  vacancy  occurring  in 
said  board  may  be  filled  for  the  unexpired  term  hy  con- 
current ballot  of  the  city  council,  as  hereinbefore  pro- 
vided. The  members  of  said  board  shall  serve  without 
compensation. 

Section  2.  Said  board  of  commissioners  alone  shall 
have  authority,  and  it  shall  be  the  duty  of  said  board,  to 
adopt  and  establish  a  system  of  sewerage  and  sewage  dis- 
posal for  said  city,  but  no  such  system  of  sewage  disposal 
shall  be  constructed  until  said  system  and  location  have 
been  approved  by  the  state  board  of  health,  after  fourteen 
days'  notice  by  said  board  of  the  presentation  to  it  of 
such  system  for  its  approval,  l)y  a  publication  of  such 
notice,  with  a  time  and  place  for  a  hearing  thereon,  in 
such  papers  and  at  such  times  as  said  board  may  deem 
proper,  and  said  board  after  hearing  may  reject  such  sys- 
tem, may  approve  it  or  may  modify  and  amend  the  same 
and  approve  it  as  so  modified  and  amended.  It  shall  be 
the  duty  of  said  board  of  commissioners  to  construct, 
maintain  and  repair,  and  have  the  charge  of,  all  main 
drains  and  common  sewers  in  said  city  and  all  matters 
pertaining  thereto  ;  l)ut  no  contract  shall  be  made  by  said 
commissioners  which  shall  require  the  payment  of  any 
greater  sum  than  the  unexpended  balance  of  such  sum  as 
may  have  been  appropriated  by  the  city  council  for  the 
use  of  said  commissioners. 

Section  3.  For  the  purpose  of  establishing  said  sys- 
tem of  sewerage  and  drainage,  said  board  of  commission- 
ers may  take  by  purchase  or  otherwise  any  lands  in  said 
city,  public  or  private,  necessary  therefor  ;  and  may  take 
and  divert  streams  or  water  courses  within  the  limits  of 


1888.  —  Chapter  354.  315 

said  city,  and  may  change  the  course  and  channel  thereof 
in  any  manner  they  deem  expedient,  and  devote  the  same 
to  said  purposes. 

Section  4.     In  taking  such  hmds  and  water  courses  to  proceed  in 
for  said  purposes,  the  board  shall  proceed  in  the  manner  required  for 
required  by  law  in  cases  where  land  is  taken  for  high-  Llghwayr.''  ^°' 
ways  ;  and  persons  suffering  damages  in  their  property 
shall  have  the  same  rights  and  remedies  for  ascertaining 
and  recovering  the  amount  thereof  as  are  provided  by  law 
for  ascertainino;  and  recoverino;  damaoes  for  lands  taken 
for  highways. 

Sectiox  5.  Any  person  beneiited  by  the  act  of  said  ^euIrSs/""^ 
board  shall  pay  to  the  treasurer  of  said  city  such  sums  as 
said  board  shall  assess  upon  him  as  his  proportional  share 
of  the  expenditure  for  said  purposes ;  and  the  sum  so 
assessed  shall  constitute  a  lien  upon  his  real  estate  so 
benetited  for  two  years  from  the  time  of  such  assessment ; 
and  if  the  amount  is  not  paid  within  ninety  days  after 
notice  thereof,  the  same  may  be  levied  by  a  sale  of  said 
real  estate,  to  be  conducted  in  the  same  manner  as  a  sale  ^ 

of  real  estate  for  the  non-payment  of  taxes. 

Section   6.     Any  person  aoorieved  by  such  assessment  Pereon 

•^     .   ,  .  ~~  1         i»  •    •  aggrieved  may 

may,  at  any  time  within  three  months  trom  receiving  apply  for  a  jury. 
notice  thereof,  apply  for  a  jury.  Such  application  shall 
be  made  in  like  manner,  and  the  proceedings  thereon  shall 
be  the  same,  as  in  the  case  of  lands  taken  for  laying  out 
highways  :  provided,  that  before  making  his  application  proviso. 
the  party  shall  give  one  month's  notice  in  writing  to  said 
commissioners  of  his  intention  so  to  apply,  and  shall 
therein  particularly  specify  his  objections  to  the  assess- 
ment made  by  them,  to  which  specification  he  shall  be 
confined  upon  the  hearing  by  the  jury. 

Section  7.     Said  board  of  commissioners  may  allow  Particular 
any  particular  drains  to  enter  such  drains  or  sewers  upon  elXex\7^lrs 
such  terms   and  conditions  as  they  may  prescribe.     Any  "e-Hbe^d  by*  ^^^^ 
party  dissatisfied  with  the  terms  and  conditions  prescribed  commissioners. 
by    said  commissioners  may,  within  three   months  from 
receiving  notice  thereof,  appeal  to  the  mayor  and  alder- 
men, who  shall  determine  upon  what  terms  and  conditions 
the  particular  drain  of  such  person  shall  enter  such  main 
drains  or  sewer. 

Section  8.     All  contracts  made  by  said  board  for  the  contracts  made 
purposes  of  this  act,  as  herein  provided,  shall  be  the  con-  be  contracts 
tracts  of  the  city.  of  the  city. 


316 


1888.  — Chapter  355. 


Sewer  scrip  of 
the  city  of 
Northampton 
not  to  exceed 
$100,000. 


Sinking  fund. 


Provisions  of 
P.  S.  50  to 
apply. 


Section  9.  For  the  purpose  of  defraying  the  expenses 
and  outlays  incurred  for  the  purposes  aforesaid,  or  so 
much  thereof  as  they  shall  see  fit,  the  city  council  of  the 
city  of  Northampton  is  hereby  authorized  to  issue  from 
time  to  time  scrip,  notes,  bonds  or  certificates  of  debt,  to 
be  denominated  on  the  face  thereof  Sewer  Scrip  of  the 
City  of  Northampton,  to  an  amount  outstanding  at  any 
one  time  not  exceeding  one  hundred  thousand  dollars, 
and  redeemable  at  a  time  not  exceeding  ten  years  from 
and  after  the  date. 

Section  10.  All  sums  of  money  received  under  the 
fifth  and  seventh  sections  of  this  act  may  be  set  apart  by 
the  city  council  as  a  sinking  fund  for  the  payment  of  such 
sewer  debt,  and  shall  be  considered  as  so  much  raised  by 
the  city  under  the  provisions  of  chapter  twenty-nine  of 
the  Public  Statutes  and  the  act  in  amendment  thereof, 
toward  the  sum  therein  required  to  be  raised  for  a  sinking 
fund  under  said  chapter ;  or  such  sums  may  be  applied  by 
the  city  council  from  time  to  time  to  extinguish  the  sewer 
debt. 

Section  1 1 .     The  provisions  of  chapter  fifty  of  the 

Public  Statutes,  applicable  to  sewers  and  drains  and  not 

inconsistent   with   this    act,    shall    apply  to  the    city    of 

Northampton  in  carrying  out  the  provisions  of  this  act. 

Section  12.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  May  17,  1S88. 


Ch(lT).S55  '^''^    ^^^    RELATING    TO     THE     DIVISION     OF     THE     NET    PROFITS     OF 


Division  of  the 
net  profits  of 
savings  banks. 
P.  S.  116,  §  27. 


SAVINGS    BANKS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  twenty-seven  of  chapter  one  hun- 
dred and  sixteen  of  the  Public  Statutes  is  hereby  amended 
so  as  to  read  as  follows  :  —  Section  27.  Once  in  every 
term  of  three  years,  if  the  net  profits  accumulated  over 
and  above  said  guaranty  fund  and  dividends  amount  to 
one  per  cent,  of  the  deposits  which  have  remained  in  such 
corporation  for  one  year  then  next  preceding,  such  net 
profits  may  be  divided  among  the  depositors  whose  depos- 
its have  remained  therein  for  one  year  at  least  then  next 
preceding,  in  proportion  to  the  amount  of  dividends  which 
have  been  declared  on  their  deposits  during  the  three 
years  then  next  preceding; 

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

Approved  May  17,  1888. 


1888.  — Chapter  356.  317 

An  Act  to  incorpokate  the  trustees  of  the  haverhill  city  Chap.35(5 

^  hospital. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  George  H.  Carleton,  Nathan  S.  Kimball,  HoruaiinJor- 
Samuel  L.  Currier,  Addison  B.  Jaques,  Amos  A.  Sar-  porated. 
gent,  Samuel  K.  Towle  and  John  Crowell,  all  of  the  city 
of  Haverhill,  in  the  county  of  Essex,  in  the  Common- 
wealth of  Massachusetts,  and  their  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Haverhill  City 
Hospital,  to  be  located  in  the  said  city  of  Haverhill,  for 
the  purpose  of  establishing  and  maintaining  a  hospital  for 
the  reception  and  treatment  of  persons  who  may  need 
medical  or  surgical  treatment  during  temporary  sickness 
or  injury. 

Section  2.     Said   corporation  shall    consist  of  seven  Members  of  the 
members,  of  wdiom  the  mayor  of  the  city  of  Haverhill  for  be'deuom'iDat°d 
the  time  being  shall   always  be  one  ex   officio,  and  not  lru8t"^g.^  ^'^ 
more  than  three  of  whom  shall  be  physicians.     The  mem- 
bers of  the  corporation  shall   constitute  and  be  denomi- 
nated the  board  of  trustees,  and  the  mayor  of  the  city  for 
the  time  being  shall  be  chairman   ex  officio.     Whenever 
any  vacancy  shall  occur  in  the  membership  of  the  corpo- 
ration  such  vacancy  shall  be  filled   by  an  election   by  the 
remaining  members. 

Section  3.     Said  corporation    is    authorized   to  take  Reaiandper- 
and  hold  real  or  personal  estate  by  gift,  grant,  devise  or  to^xcee'd '^ ""' 
bequest,  or  otherwise,  to  an  amount  not  exceeding  two  *^^°>°'^'^- 
hundred  and  fifty  thousand  dollars. 

Section  4.     All  property,  real  or  personal,  now  vested  po^ts^on^of 
in  or  possessed  by  Moses  How,  Calvin  H.  Weeks,  Joseph  01^^^.^!^°'''''"'' 
II.    Sheldon,   George  H.   Carleton,  Nathan  S.   Kimball,  trustees  of  the 
Samuel  M.  Currier,  Addison  B.  Jaques,  Amos  A.  Sargent,  Hospital  vested 
Samuel  K.  Towle  and  John  Crowell,  as  trustees   of  the  coi^joratiou. 
Haverhill  City  Hospital,  shall  be  and  hereby  is  vested  in 
said  corporation,  to   be  held  by  it  for  the  purposes  for 
wdiich  it  was  established. 

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

Ap-proved  May  17^  1888. 


318  1888.  —  Chapters  357, 


CJiap.'Sb^  Ax  Act  to  establish  the  number  of  officeks  in  attendance 

UPON  THE  SUPERIOR  COURT  FOR  THE  COUNTY  OF  SUFFOLK,  AND 
IN  RELATION  TO  THEIR  DUTIES. 

Be  it  enacted,  etc.,  as  follows  : 
Officers  in  SECTION  1.     SectioH  sixtv-seveii  of  chapter  one  hun- 

attendancc  upon  ir.(»  •  i'lr^iT  c^  •        -i 

the  superior       dred    and   fiity-nine    ot    the    1  ubhc    statutes    is   hereby 
county'of  amended  so  as  to  read  as  follows:  —  Section  67.     The 

p?l? iM,  §  67.  sheriff  of  the  county  of  Suffolk  shall  appoint,  subject  to 
the  approval  of  the  justices  of  the  superior  court  or  a 
majority  thereof,  officers  for  attendance  upon  the  several 
sessions  of  said  court  in  said  county,  in  number  not  ex- 
ceeding four  for  each  session  for  civil  business  in  which 
juries  are  impanelled,  three  for  each  session  held  without 
juries  and  six  for  the  session  for  criminal  business.  The 
sheriff  shall  from  time  to  time  interchange  said  officers 
between  the  several  sessions,  in  such  manner  as  shall 
secure,  as  nearly  as  may  be,  the  performance  of  equal 
service  by  each  officer. 
the  sheriff!'''*"  SECTION  2.  Each  of  such  officcrs  shall  give  to  the 
sheriff  of  the  county  of  Suffolk  a  bond,  with  sufficient 
sureties  for  the  faithful  performance  of  his  duties,  in  the 
sum  of  fifteen  hundred  dollars. 
To  have  auihor-      Sectiox  3.     Sucli   officcr  shall  havc  all  the  authority 

ity  of  conatHbleB       ,.,  ,,  ,  iij_  •<• 

to  serve  venires,  which  coiistablcs  HOW  liave  by  law  to  serve  venires  tor 
jurors  and  the  processes  of  said  court,  and  shall  be  allowed 
in  such  service  the  actual  expenses  necessarily  incurred 
therein,  to  be  paid  by  the  county. 
^®P®^''  Section  4.     All  acts   and  parts    of  acts    inconsistent 

herewith  are  hereby  repealed. 

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

AjJjJroved  May  17,  1S88. 

ChCin.35H  ^^  ^^^  ^^  FURTHER  ADDITION  TO  AN  ACT  MAKING  APPROPRIA- 
TIONS FOR  EXPENSES  AUTHORIZED  THE  PRESENT  YEAR  AND  FOR 
CERTAIN   OTHER   EXPENSES   AUTHORIZED   BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  SECTION  1.  The  suiiis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Conmion- 
wealth,  from  the  ordinary  revenue,  for  the  puri)oses 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  to  meet  certain  other  expenses  authorized  by  law,  to 
wit :  — 


1888.  —  Chapter  358.  319 

For  George  "White,  the  sum  of  one  hundred  and  eighty-  George  white. 
one  dollars,   as   authorized  by  chapter  forty-tive   of  the 
resolves  of  the  present  year. 

For  the  publication  of  a  dio:est  of  the  decisions  of  the  digest  of 

I  1/.        .IT  ••  j_  Ti2  decisions  of 

l)oard  01  railroad  commissioners,  a  sum  not  exceeding  live  railroad 
hundred  dollars,  as  authorized  by  chapter  forty-six  of  the  ^^--^'-i^^^^- 
resolves  of  the  present  year. 

For  certain  changes  and  improvements  at  the  Taunton  Taunton 

-  .      ,  .,     ,  ®  .  T  J.  il  1     x:  lunatic  hospital. 

lunatic  hospital,  a  sum  not  exceeding  ten  thousand  nve 
hundred  dollars,  as  authorized  by  chapter  fifty  of  the 
resolves  of  the  present  year. 

For  printino^  additional  copies  of  the  report  of  the  com-  Report  of  com- 

.      ^  pVi  i     -        i  1   •       1  If         i.\  missiouers  ol 

missioners  ot  the  state  topographical  survey  tor  tne  year  the  state 
eighteen  hundred  and  eighty-seven,  a  sum  not  exceeding  Bu^-vey!^^""''' 
fifty  dollars,  as  authorized  l)y  chapter  fifty-two  of  the  re- 
solves of  the  present  year. 

For  Owen  McDonald  of  Lexington,  the  sum  of  three  °[^^°^^,^, 
hundred  dollars,  as  authorized  by  chapter  fifty-three  of 
the  resolves  of  the  present  year. 

For  printing  the  new  index  to  the  Public  Statutes,  a  New  index  to 
sum  not  exceeding  five  thousand  dollars,  as  authorized  by  statutes. 
chapter  fifty-five  of  the  resolves  of  the  present  year. 

For  Charles  E.  Fogerty,  the  sum  of  two  hundred  and  pogJl-^y^- 
eighteen  dollars,  as  authorized  by  chapter  fifty-seven  of 
the  resolves  of  the  present  year. 

For  the  erection  of  Hankstones  and  the  mounting  of  FiMkstones, 

.    .  „  .  .  ^        I    i-'t'''.,  at  (xettye- 

cannon  to  mark  the  positions  of  certain  regiments  and  bu.g,  Pa. 
batteries  of  Massachusetts  volunteers  on  the  battlefield  of 
Gettysburg,    Pennsylvania,  a  sum  not  exceeding  twelve 
hundred  dollars,  as  authorized  by  chapter  fifty-eight  of 
the  resolves  of  the  present  year. 

For  a  stalile,  carriage  house,  coal  shed  and  certain  other  westboiough 
improvements  at  the  Westborough  insane  hospital,  a  sum  '°^»"c  hospital. 
not  ex^ceeding  twelve  thousand  dollars,  as  authorized  by 
chapter  fifty-nine  of  the  resolves  of  the  present  year. 

For  painting   and   certain   other  improvements  at  the  state 
state  almshouse  at  Tewksbury,  a  sum  not  exceeding  eight  '»'™^'^o"*e. 
thou.sand  dollars,  as  authorized   by  chapter  sixty   of  the 
resolves  of  the  present  year. 

For  the  widow  of  the  late  Rowse  R.  Clarke,  the  sum  of  J^,^.°7j^^ 
seven  hundred  and  fifty-seven  dollars,  as  authorized  by  ciarke. 
chiipter  sixty-one  of  the  resolves  of  the  present  year. 

For  electric  lighting  machinery,  solitary  cells  and  paint-  p,!i^'^™2,r°'^y 
ing  at  the  reformatoiy  i)rison  for  women,  a  sum  not  ex-  women. 


320 


1888.  —  Chapter  358. 


Widow  of 
Joseph  W. 
White. 


State  board  of 
arLiitration. 


OflBcers  of 
state  prison. 


District  attor- 
ney for  the 
southeastern 
district. 


Land  for  refor- 
matory prison 
for  women. 


Chief  justice  of 
superior  court. 


Associate 
justices  of  the 
superior  court. 


Clerical  assist- 
ance for  regis- 
ter of  probate, 
etc.,  in  Suffolk 
county. 


ceeding  sixty-three    hundred   dolhirs,    as    authorized  by 
chapter  sixty-two  of  the  resolves  of  the  present  year. 

For  the  widow  of  the  late  Joseph  W.  White,  the  sum 
of  six  hundred  ninety-seven  dollars  and  twenty-two  cents, 
as  authorized  by  chapter  sixty-live  of  the  resolves  of  the 
present  year. 

For  clerical  service  in  the  department  of  the  state  board 
of  arbitration,  a  sum  not  exceeding  three  hundred  dollars, 
as  authorized  by  chapter  two  hundred  and  sixty-one  of 
the  acts  of  the  present  year,  being  in  addition  to  the  nine 
hundred  dollars  appropriated  by  chapter  two  of  the  acts 
of  the  present  je'dr. 

For  the  salaries  of  certain  officers  at  the  state  prison  at 
Boston,  a  sum  not  exceeding  thirty-three  hundred  dollars, 
as  authorized  by  chapter  two  hundred  and  sixty-four  of 
the  acts  of  the  present  year,  being  in  addition  to  the  fifty- 
two  thousand  dollars  appropriated  by  chapter  twenty-one 
of  the  acts  of  the  present  year. 

For  the  salary  of  the  district  attorney  for  the  south- 
eastern district,  the  sum  of  two  hundred  dollars  and 
eighty-four  cents,  as  authorized  by  chapter  two  hundred 
and  sixty-seven  of  the  acts  of  the  present  year,  being  in 
addition  to  the  eighteen  hundred  dollars  appropriated  by 
chapter  four  of  the  acts  of  the  present  year. 

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

For  the  salary  and  travelling  expenses  of  the  chief 
justice  of  the  superior  court,  a  sum  not  exceeding  seven 
hundred  dollars,  as  authorized  by  chapter  two  hundred 
and  seventy-four  of  the  acts  of  the  present  year,  being  in 
addition  to  the  fifty-three  hundred  dollars  appropriated 
by  chapter  four  of  the  acts  of  the  present  year. 

For  the  salaries  and  travelling  expenses  of  the  thirteen 
associate  justices  of  the  superior  court,  a  sum  not  exceed- 
ing sixty-one  hundred  and  seventy-five  dollars,  as  author- 
ized by  chapter  two  hundred  and  seventj^-four  of  the  acts 
of  the  present  year,  being  in  addition  to  the  several 
amounts  heretofore  appropriated  for  the  salaries  of  said 
associate  justices. 

For  clerical  assistance  in  the  office  of  the  register  of 
probate  and  insolvency  for  the  county  of  Suftblk,  a  sum 
not   exceeding  three  hundred  dollars,  as  authorized  by 


1888.  —  Chapter  359.  321 

chapter  two  hundred  and  eighty  of  the  acts  of  the  present 
year,  behig  in  addition  to  the  twelve  hundred  dollars  ap- 
propriated for  clerical  assistance  to  the  register  of  prol)ate 
and  insolvency  for  the  county  of  Suffolk  by  chapter  four 
of  the  acts  of  the  present  year. 

For  the  payment  of  certain  bills  contracted  in  repairing  Lymau  school 
buildings  at  the  Lyman  school  for  boys  at  West])orough,   "'  '°-''' 
in   excess   of  the   appropriation  therefor,   authorized    by 
chapter  twenty-six  of  the  resolves  of  the  year  eighteen 
hundred  and  eighty-seven,  a  sum  not  exceeding  six  hun- 
dred and  twenty-five  dollars. 

For  William  V.  Kellen,  the  sum  of  twenty-seven  hun-  wiiiiamv. 
dred  and  seventy  dollars,  l)eing  balance  of  compensation 
allowed  for  services  rendered  in  the  preparation  of  the 
new  index  to  the  Public  Statutes  as  per  order  of  the  gov- 
ernor and  council,  under  authority  of  chapter  seventy-iive 
of  the  resolves  of  the  year  eighteen  hundred  and  eighty- 
six. 

For  expenses  in  civil  actions  in  the  attorney-general's  Expenses  in 
department,  a  sum  not  exceeding  three  hundred  dollars,  attorney- 
being  in  addition  to  the  three  hundred  dollars  appropri-  department. 
ated  l)y  chapter  fifteen  of  the  acts  of  the  present  year. 

For  authorized  expenses  of  committees  of  the  present  ftnum'inees! 
legislature,  to  include  clerical  assistance  to  committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  three 
thousand  dollars,  being  in  addition  to  the  ten  thousand 
dollars  appropriated  by  chapter  three  of  the  acts  of  the 
present  year. 

For  the  purchase  of  paper  for  the  Commonwealth,  used  Purchase  of 
in  the  execution  of  the  contract  for  state  printing,  under 
the  direction  of  the  secretary  of  the  Commonwealth,  a 
sum  not  exceeding  two  thousand  dollars,  being  in  addi- 
tion to  the  twenty  thousand  dollars  appropriated  by 
cha})ter  five  of  the  acts  of  the  present  year. 

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

Ajyproved  May  17^  1888. 


An  Act  to  incorporate  the  new  Bedford  board  of  trade. 
Be  it  enacted,,  etc.,,  as  follows: 

Section    1.      Isaac    B.    Tompkins,    Jr.,    Charles     8.  B^.^.(Pof^^!^j 
Kelley,  William   (x.   Wood    and    Lemuel   LeB.   Holmes,  incorporated. 
their  associates  and  successors,  are  hereby  made  a  corpo- 
ration l)y  the  name  of  the  Ne\v  Bedford  Board   of  Trade, 
for  the  purpose  of  promoting  trade  and  commerce  in  the 


CliapM^ 


322  1888.  —  Chapters  360,  361. 

city  of  New  Bedford  and  its  vicinity,  with  all  the  powers 

and  privileges,  and  subject  to  all  the  duties,  lial)ilities  and 

restrictions  set  forth  in  all  general  laws  which  now  are  or 

may  hereafter  be  in  force  applicable  to  such  corporations  : 

pi'ovided^  hoivever,  that  this  act  shall  not  be  construed  to 

authorize  said  corporation  to  traffic  in  goods,  wares  or 

merchandise  of  any  description. 

Real  and  per-         Section  2.     Said  Corporation  may  hold  real  and  per- 
sonal estate  not  i  .^       ,  i 

to  exceed  soual  cstatc  to  au  amount  not  exceedmg  fifty  thousand 

dollars,  to  be  devoted  to  the   purposes  of  said  corpora- 
tion. 

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

Approved  May  17,  1S88. 


§50,000. 


CliapMO 


An  Act  to  fix  the  tenure  of  office  of  the  members  of  the 
rolice  force  of  the  city  of  worcester. 

Be  it  enacted,  etc.,  as  follows: 

Tenure  of  office      Section  1 .     All  members  of  the  regular  police  force  of 

the  police  force  tlic  city  of  Worccstcr,  cxccpting  the  city  marshal  or  chief 
oicfister.  ^£  police,  and  such  assistant  marshals  as  the  mayor  and 
aldermen  may  appoint,  shall  be  hereafter  appointed  by 
the  mayor,  subject  to  confirmation  by  the  board  of  alder- 
men, to  hold  office  during  good  behavior;  and  such  offi- 
cers may  be  removed  by  the  mayor  and  board  of  aldermen, 
after  a  due  hearing,  for  such  cause  as  they  may  deem 
sufficient,  and  shall  express  in  the  order  of  removal. 

Repeal.  Section  2.     So   much    of  the  charter  of  the  city  of 

Worcester  as  is  inconsistent  herewith  is  hereby  repealed. 

Subject  to  Section  3.     This  act  shall  take  eff'ect  upon  its  accept- 

ficcGDt3,ncG  bv  • 

the  city  council,  aucc  by  the  city  council  of  said  city  by  concurrent  vote 
on  or  before  the  first  day  of  March,  eighteen  hundred  and 
eighty-nine.  Approved  May  17,  1888. 


C^a/j.361 


An  Act  to  authorize  the  towtst  of  Plymouth   to  establish 

A   SYSTEM   of   SEWERAGE. 


Be  it  enacted,  etc. ,  as  follows , 


sewerage. 


Town  may  Section  1.     The  towii  of  Plymouth  is  hereby  author- 

establish  d^  \j  *j 

system  of  izcd,  by  and  through  the  agency  of  such  persons  or  com- 

mittee as  it  may  elect  or  appoint,  to  lay,  make  and 
maintain  all  such  main  drains  and  common  sewers  as  the 
town  may  authorize,  through  the  ways  and  highways  of 
said  town,  and  through  the  lands  of  any  persons  or  cor- 
porations, and  may  repair  the  same.  jVIain  drains  and 
common  sewers  so  laid  shall  be  the  property  of  the  town. 


1888.  — Chapter  361.  323 

Section  2.     The  said  town  may  take  by  purchase  or  May  take  laiuis, 
otherwise,  and  hold  any  lands,  rights  of  way  or  easements 
necessary  for  the  construction  of  said  drains  and  common 
sewers.     Said   town   shall,   within   sixty    days    after  the  to  cause  to  bo 
taking  of  any  lands,  rights  of  way  or  easements,  other-  leg^stry'o "  "'' 
Avise  than  by  purchase,  file  or  cause  to  be  recorded  in  the  llon'^onumis"''" 
registry  of  deeds  for  the  county  and   district  in  which  ft*^^- takp". 
such  lands  or  other  property  are  situated,  a  description 
thereof    sufficiently    accurate    for   identification,    with    a 
statement  of  the  purpose  for  which  the  same  were  taken, 
signed    by   the    persons    or   committee    provided    for   in 
section  one   of  this   act,  and  thereupon  the  title  to  the 
property  so  taken  shall  vest  absolutely  in  said  town. 

Section  3.  The  said  town  shall  })ay  all  damages  sus-  Damages  to  be 
tained  by  any  person  or  corporation  in  property  by  the  j^','^^,,^^' "''" 
taking  of  any  land,  right  of  way  or  easement,  or  by  any 
other  thing  done  by  the  town  under  the  authority  of  this 
act.  Any  person  or  corporation  sustaining  damages  as 
aforesaid  under  this  act,  who  fails  to  agree  with  said  town 
as  to  the  amount  of  damages  sustained,  may  have  the 
damages  assessed  and  determined  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  town 
ways. 

Section  4.     Every  person  who  enters  his   particular  I'ayment  to  be 
drain  into  such  main  drains  or  common  sewers  shall  pay  of  panicuTai'^ 
therefor  such  reasonal)le  sum  as  the  selectmen  may  deter-  m^'n  diainp. 
mine  :  pi'ovided,  that  no  person  using  a  common  sewer  or 
town  drain  now  laid  in  said  town  shall  be  required  to  pay 
any  sum  for  the  privilege  of  entering  his  particular  drain, 
now  laid,  into  any  drain  laid  under  the  provisions  of  this 
act. 

Section  5.  The  said  town  may,  for  the  purposes  of  I'lymouth 
paying  the  necessary  expenses  and  liabilities  incurred  Act  of  isss.' 
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  l)onds,  notes  or 
scrip  shall  bear  on  the  face  thereof  the  words  Plymouth 
Sewer  Loan,  Act  of  1888,  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  twenty  years  from  the  date 
of  issue,  shall  bear  interest  payable  semi-annually  at  a 
rate  not  exceeding  six  per  cent,  per  annum,  and  shall  be 
signed  by  the  treasurer  and  be  countersigned  by  a  ma- 
iority  of  the  board  of  selectmen  of  the  town.     The  said  Mayseii 

,  11  1  'i.'  J-         \  ^^  -J.  1  securities,  or 

town  may  sell  such  securities  at  public  or  private  sale,  or  pledge  the 


324: 


1888.  —  Chapter  361. 


same  for  money 
boirowcil. 


To  provide  for 
payment  of 
bonds  at 
maturity. 


Return  to  state 
what  action  has 
been  taken. 


Nothing  to  be 
done  until 
system  and 
location  has 
been  approved 
by  the  state 
hoard  of  healtli. 


Subject  to 
acceptance  by  a 
two-thirds  vote. 


Repeal. 


pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper :  provided,  that  such  securities  shall  not  be  sold 
or  pledged  at  less  than  the  par  value  thereof.  No  such 
bonds,  notes  or  scri})  shall  be  issued  unless  the  town  at 
the  time  of  authorizing  said  loan,  shall  provide  for  the 
})ayment  thereof  in  such  annual  payments,  beginning  with 
the  issue  of  the  l)onds,  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act ;  and  when  such  vote  has 
been  passed  the  amount  required  thereby,  less  any  sum 
in  the  hands  of  the  treasurer  received  under  section  four, 
shall  without  further  vote  be  assessed  by  the  assessors  of 
said  town  in  each  year  thereafter  until  the  debt  incurred 
by  said  loan  shall  l)e  extinguished,  in  the  same  manner  as 
other  taxes  are  assessed  under  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  6.  The  return  required  by  section  ninety-one 
of  chapter  eleven  of  the  Public  Statutes  shall  state 
whether  action  has  been  taken  in  accordance  with  the 
provisions  of  the  preceding  section,  and  the  amounts 
raised  and  applied  thereunder  for  the  current  year. 

Section  7.  Nothing  shall  be  done  under  authority  of 
this  act  until  said  system  and  location  has  been  approved 
by  the  state  board  of  health,  after  fourteen  days'  notice  by 
said  board  of  the  presentation  to  it  of  such  system  for  its 
approval,  by  a  publication  of  such  notice,  with  the  time 
and  place  for  a  hearing  thereon,  in  such  papers  and  at  such 
times  as  said  board  may  deem  proper ;  and  said  board, 
after  hearing,  may  reject  such  system,  may  approve  it  or 
may  modify  and  amend  the  same,  and  approve  it  as  so 
modilied  and  amended. 

Section  8.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two-thirds  vote  of  the  voters  of  the  town  pres- 
ent 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  one  year  shall  not 
exceed  three. 

Section  9.  Chapter  three  hundred  twenty-four  of  the 
acts  of  the  year  eighteen  hundred  eighty-seven  is  hereby 
repealed.  Apjrroved  May  17,  1888. 


1888.  —  Chapters  362,  363.  325 


An    Act    concerning    the    assessment   of    taxes    in    certain  njirj^t  S62 

CASES.  ^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  seventy-eight  of  eluipter  eleven  of  ^seTi^''""'^ 
the  Pul)lic  Statutes  as  amended  by  chapter  eighty-tive  of  Jf 'a'**?/^/!^ 
the  acts  of  the  year  eighteen  hundred  and  eighty-six  is  isse.'ss! 
hereby  further  amended,  to  read  as  follows:  —  Section 
78.  When  the  assessors  of  any  city  or  town  after  their 
rate  of  taxation  has  been  declared  and  whether  before  or 
after  their  warrant  has  been  committed  to  the  collector, 
discover  that  the  real  or  personal  estate  of  any  person,  to 
an  amount  not  less  than  one  hundred  dollars  and  liable  to 
taxation,  has  l)een  omitted  from  the  last  annual  assess- 
ment of  taxes  in  such  city  or  town,  said  assessors  shall 
between  the  fifteenth  and  twentieth  days  of  December 
next  ensuing,  proceed  to  assess  such  person  for  such 
estate  in  like  manner  as  he  should  have  been  assessed  in 
such  last  annual  assessment.  The  taxes  so  assessed  shall 
be  entered  in  the  tax  list  of  the  collector  of  the  city  or 
town,  and  he  shall  collect  and  pay  over  the  same  in  the 
manner  specified  in  his  warrant.  No  tax  shall  be  invali- 
dated for  the  reason  that,  in  consequence  of  the  provisions 
of  this  section,  the  whole  amount  of  the  taxes  assessed  in 
a  city  or  town  exceed  the  amount  authorized  hy  law  to  be 
raised. 

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

Approved  May  17,  1888. 


(7Aa^.363 


An  Act  to  amend  section  four  of  chapter  eleven  of  the 

PUBLIC    statutes    RELATING    TO    THE    TAXATION    OF     PERSONAL 
ESTATE. 

Be  it  enacted,  etc.,  as  follows : 

Section  four  of  chapter  eleven  of  the  Public  Statutes  is  Tasatiouof 
hereby  amended  hy  inserting  after  the  words  "  public  r?s°n!f].*'*'* 
stocks  and  securities  ",  in  line  eight  thereof,  the  words  :  — 
l)onds  of  all  railroads  including  street  railways,  —  so  that 
the  first  eight  lines  of  said  section  shall  read  as  follows  :  — 
Section  4.  Personal  estate  shall,  for  the  purposes  of 
taxation,  include  goods,  chattels,  money,  and  effects, 
wherever  they  are,  ships  and  vessels  at  home  or  abroad, 
except  as  provided  in  section  eight,  money  at  interest, 
and  other  del)ts  due  the  persons  to  be  taxed  more  than 
they  are  indebted  or  pay  interest  for,  but  not  including 


326  1888.  — Chapters  364,  365,  366. 

in  such  debts  due  any  loan  on  mortgage  of  real  estate, 
taxable  as  real  estate,  except  the  excess  of  such  loan 
above  the  assessed  value  of  the  mortgaged  real  estate, 
public  stocks  and  securities,  bonds  of  all  railroads  includ- 
ing street  railways,  stocks  in  turnpikes, — . 

Ax>proved  May  17 ^  1888. 

C^«».364:  ^^  ^^^  '^^    AMEND  AN  ACT  TO  INCORPORATE  THE  TRUSTEES  OF 
THE  DELTA  UPSILON  SOCIETY  OF  WILLIAMS  COLLEGE. 

Be  it  enacted,  etc.,  as  follows : 
araendeci.  SECTION  1.     Chapter  thii'ty-six  of  the  acts  of  the  year 

one  thousand  eight  hundred  and  eighty-eight  is  hereby 
amended  by  striking  out  the  name  "  Lewis  A.  Jones",  in 
the  lirst  section  thereof,  and  inserting  in  place  thereof  the 
name  :  —  Lewis  A.  James. 

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

Approved  May  17,  1888. 


the  railroad 
commissioners. 


Ohap.3Q5  ^^  ^^T   in   relation   to   THE   EVIDENCE   GIVEN  AT  INQUESTS. 

Be  it  enacted,  etc. ,  as  follows  : 

olcui"  bT''^  When  a  justice  has  reason  to  believe  that  an  inquest  to 

accident  on  a      jje  held  bv  him  relates  to  a  death  by  accident  upon  a  rail- 

railroad,  i         /•  i  /^         j  ii 

evidence  taken    road,  01  a  passciigcr  or  cmploycc  or  oi  a  traveller  u})on  a 

at  inquest  to  be  i  i.  .        ,  ,  -it  •  'i.       l      n     i 

forwarded  to  public  or  privatc  way  at  a  railroad  crossing,  it  snail  be 
his  duty  to  cause  a  verbatim  report  of  the  evidence  given 
before  him  to  be  made.  The  accuracy  of  such  report 
shall  be  sworn  to  by  the  person  making  it,  and  the  report 
and  the  reporter's  bill  for  his  services  after  each  has  been 
examined  and  approved  in  writing  by  such  justice,  shall 
be  forwarded  without  unnecessary  delay,  to  the  board  of 
railroad  commissioners.  Such  bill  shall  be  paid  by  the 
Commonwealth,  and  shall  be  assessed  upon  the  corpora- 
tion or  corporations  owning  or  operating  the  road  or 
roads  on  which  the  accident  happens,  and  shall  l)e  col- 
lected as  provided  in  section  twelve  of  chapter  one  hun- 
dred and  twelve  of  the  Public  Statutes. 

Approved  May  17,  1888. 

ChciD.36Q  ^^  ^^^  ^^   establish   a   NAVAL    BATTALION   TO   BE    ATTACHED   TO 

THE  VOLUNTEER  MILITIA. 

Be  it  enacted,  etc. ,  as  follows : 
Naval  battalion        Section  1.     There  sliall  be  allowed  in  addition  to  the 

to  be  attached  .  „,  •!•.•  •  i      -i     i-        •  j'  j  j 

to  the  volunteer  Companies  01  the  militia  provided  tor  in  section  twenty- 
mihtia.  ^^^^  ^^.  ^.j^jj^pi-Qj.  fQm-  hundred  and  eleven  of  the  acts  of  the 


1888.  —  Chapter  367.  327 

year  eighteen  hundred  and  eighty-seven  not  more  than 
four  companies  of  naval  militia  which  shall  constitute  a 
l)attalion  to  be  known  as  the  naval  I)attalion  of  the  volun- 
teer militia. 

Section  2.  The  officers  of  this  battalion  shall  consist  ^^""^.'3°" 
of  a  lieutenant  commander,  whose  rank  and  pay  shall 
assimilate  to  that  of  a  major  of  infantry,  and  a  staff  to 
consist  of  one  adjutant,  one  ordnance  officer,  one  pay- 
master, who  shall  be  the  mustering  officer,  and  one  sur- 
geon, each  with  rank  of  lieutenant  junior  grade  ;  they 
shall  be  paid  the  same  as  l)attalion  staffs  in  the  militia ; 
there  shall  also  be  attached  to  the  staff  the  following  petty 
officers  :  —  one  master-at-arms,  two  yeomen,  one  hospital 
steward,  one  chief  bugler,  who  shall  receive  the  same  pay 
as  the  non-commissioned  stall'  of  a  battalion  of  infantry. 

Section  3.     To  each  company  there  shall  l)e  one  lieu-  company 
tenant    commanding,  two    lieutenants  junior  grade,  two  °'^"'®'''^- 
ensigns,  to  receive  the  same  pay  as  captains,  first  and 
second  lieutenants    respectively  of   infantry ;    two  boat- 
swains' mates,  two  gunners'  mates,  two  coxswains,  two 
quartermasters  and  forty-four  seamen.     All  enlisted  men  I'uy  of  enlisted 
of  companies  shall  receive  the  pay  of   enlisted  men   of  '"'^"' 
companies  of  infantry  of  the  militia. 

Section  4.     The  naval  battalion  shall  be  uniformed  as  uniforms. 
the  commander-in-chief  shall  direct  out  of  any  existing 
appropriations  for  uniforms  or  supplies  for  the  militia,  and 
shall  be  instructed  as  lie  may  direct  and  be  subject  to  the 
laws  and  regulations  governing  the  militia  ;  the  duty  re-  Duty  may  be 
quired  by  law  may  be  performed  afloat.  aflolT.'"^'' 

Section    5.      The   companies    composiu"-   the    naval  when  com. 

•1  •Till  1  1        panies  may  be 

])attalion  may   be  raised  as  provided  by  la^v  when  the  raised. 
United  States  government  is  ready  to  furnish  arms   and 
equipments  and  a  vessel   of  war  for  performance  of  duty 
required  by  law. 

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

Approved  May  17,  1888. 


ChapMl 


An  Act  to  amend  chapter  three  hundred  and  seventy-four 

OF  THE  acts  of  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY- 
FIVE  RELATING  TO  THE  INSTECTION  AND  CONSTRUCTION  OF 
I{UILI)IN(;S   IN   THE  CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  one  hundred  and  five  of  chapter  inspection  and 
three  hundred  and  seventy-four  of  the  acts  of  the  year  Singtin"  °^ 
eighteen  hundred  and  eighty-five  is  hereby  amended  so  as  Boston. 


328 


1888.  —  Chapter  367. 


Amendment  to 

188.=),  374,  §  105. 


Anieudnjent  to 
1885,  374,  §  106. 


Amendment  to 
1885,  374,  §  108. 


Amendment  to 
1885,  374,  §  109. 


to  read  as  follows  :  —  Section  10  ~).  Every  building  occu- 
pied above  the  second  floor  from  the  level  of  the  street  by 
two  or  more  families  and  every  building  occupied  as  a 
tenement,  boarding  or  lodging  house,  or  for  a  factory, 
mill  or  manufactory,  or  for  offices  or  workshops  in  which 
persons  are  employed  above  the  second  floor,  and  every 
school  building  more  than  two  stories  in  height,  shall  be 
provided  Avith  suitable  facilities  for  escape  in  case  of  fire, 
in  good  repair  at  all  times,  and  sufficient  for  the  safe 
egress  in  case  of  fire  of  all  the  persons  usually  employed 
in  or  frequenting  the  building ;  and  where  fire  escapes  are 
authorized  by  the  inspector  on  the  outside  of  a  building, 
they  may  project  over  the  highway,  and  shall  have  suit- 
able connection  with  the  ground. 

Section  2.  Section  one  hundred  and  six  of  said 
chapter  is  hereby  amended  so  as  to  read  as  folloAvs  :  — 
Section  106.  Any  building  provided  with  stairways  or 
fire  escapes  approved  by  the  inspector,  shall  be  deemed 
to  be  provided  with  sufficient  facilities  for  escape  in  case 
of  fire,  as  required  by  the  preceding  section.  The  owner 
of  any  building  which  is  provided  with  stairs  on  the  out- 
side shall  construct  such  stairs  with  railed  landings  at 
each  story  above  the  first,  and  connect  them  with  each 
story  by  doors  or  windows.  No  person  shall  place  any 
obstruction  on  any  outside  stairway  or  fire  escape. 

Section  3.  Section  one  hundred  and  eight  of  said 
chapter  is  hereby  amended  so  as  to  read  as  follows :  — 
Section  108.  Every  opening  into  a  shaft  or  hoistway 
shall  be  protected  by  sufficient  automatic  rails  or  gates 
and  trap  doors,  or  such  other  mechanical  devices  as  shall 
l)e  equivalent  thereto  ;  and  every  elevator  car  and  hoist 
shall  be  provided  with  some  sufficient  arrangement  to 
prevent  the  falling  of  the  car  or  hoist  in  case  of  any  acci- 
dent to  the  ropes,  or  other  hoisting  apparatus.  Every 
opening,  other  than  a  stairway,  through  the  floor,  or  into 
an  elevator  shaft  or  hoistway,  shall  be  securely  closed  at 
the  close  of  each  day  by  the  occupant ;  and,  if  there  is  no 
occupant,  by  the  lessee  or  owner. 

Section  4.  Section  one  hundred  and  nine  of  said 
chapter  is  hereby  amended  so  as  to  read  as  follows  :  — 
Section  109.  All  openings  within  the  building  into  a 
hoist  shaft,  except  shafts  for  passenger  elevators,  shall  be 
furnished  with  metal,  or  metal  covered  doors,  hung  to 
rabbeted  iron  frames,  with  iron  thresholds  to  the  same ; 


1888.  —  Chapters  368,  369.  329 

and  said  doors  shall  be  kept  closed  when  not  in  nse  by 
sprino's  of  sufficient  strength.  Equivalent  protection  shall 
be  maintained  in  the  case  of  passeng-er  elevators.  Windows 
or  openings  in  an  external  wall  into  a  hoistway  or  eleva- 
tor shaft  shall  have  three  iron  bars  painted  red  perpen- 
dicularly across  and  equally  dividing  the  window  or 
opening. 

Section  5.     Section  one  hundred  and  fol•t^'-six  of  said  ™"-*'"-?T^*« 

•       ,  JS50,  Jl4,  S  140. 

chapter  is  hereby  amended  so  as  to  read  as  follows  :  — 
Section  146.  Any  person  who  shall  build  or  alter  any 
wall,  building  or  other  structure,  or  part  thereof,  in  viola- 
tion of  any  provision  of  this  act,  or  w'ho  shall,  after 
twenty-four  hours'  notice  from  the  inspector,  maintain  or 
use  any  such  wall,  building  or  other  structure,  or  })art 
thereof,  so  built  or  altered,  or  shall  violate  any  provision 
of  this  act,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  five  hundred  dollars,  to  be  paid  into 
the  treasury  of  said  city,  unless  another  penalty  is  herein- 
before specifically  provided. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Ajiproved  May  17,  1888. 

An  Act  to   increase   the   capital  stock   of   the   Worcester  ni^rir.^  '568 

STEEL   WORKS.  "^ 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     The    Worcester    steel    Avorks    is    hereby  May  incieaBe 
authorized  to  increase  its  capital  stock  to  an  amount  not 
exceeding  seven  hundred  and  fifty  thousand  dollars. 

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

Approved  May  17,  1888. 


An  Act  to  incorporate  the  trustees  of  the  presbytery   of 

BOSTON. 


Chap:^m 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     Thomas  A.  Reeves,  Robert  Court,  Kbcn-  rnmucsof  tiu- 
ezer    M.  McPherson,  Charles  C.  Wallace,    Rol)ert    (Jil- Bo«ton'"''' "' 
Christ,  William  J.  Irving,  John  T.oughran  Scott,  Peter  incorporated. 
M.   MacDonald,  flohn   Christie  and  their  successors  are 
herel)y  made  a  corporation  by  the  name  of  the  Trustees 
of  the  Presbytery  of  Boston. 

Section  2.     The  said  corporation  is  hereby  authorized  f/jw  heia  for'''*' 
to  take  and  hold  for  religious  and  charital)le  puriioses,  by  Presbytery  of 

.„        ,        .  ,  ^  ,  1     J  Boston. 

gift,  devise,  bequest,  orant  or  purchase,  and  to  convey 


380  1888.  — Chapter  370. 

and  otherwise  dispose  of,  from  time  to  time,  as  the  pres- 
bytery hereinafter  mentioned  may  direct,  all  the  real  and 
I)ersonal  estate  now  held  for  the  beneiit  of  the  association 
known  as  the  Presbytery  of  Boston,  or  which  has  been  or 
may  hereafter,  for  the  purpose  of  said  presbytery  and  in 
the  promotion  of  its  charitable  or  religious  purposes,  be 
given,  devised,  bequeathed  or  granted  to  the  said  corpo- 
ration or  to  the  said  presbytery  or  for  the  charitalde  or 
religious  purposes  thereof,  or  which  may  in  any  manner 
have  accrued  or  shall  accrue  from  the  interest,  income  or 
use  of  such  real  and  personal  estate. 
property  af  °^  Section  3.  In  case  any  church,  religious  society  or 
church  etc.,       charitable  institution  now    or   hereafter   connected    with 

when  aeclared  •  i  i  in  /» 

by  presbytery  to  said  prcsbytcry  shall  cease  to  carry  out  the  puriDoses  for 

bt!  txtiiict  etc  ... 

which  it  was  originally  created,  or  shall  be  declared  by 
said  presbytery  to  be  extinct,  then  the  said  corporation 
shall  in  law  be  capable  of  holding  all  properties,  personal 
or  real,  held  by  said  church,  religious  society  or  chari- 
ta))le  institution,  and  make  such  disposition  thereof  for 
religious  or  charitable  purposes  as  said  presbytery  may 
direct. 
n-ibiriUe"."'  Section  4.     The  said  corporation  shall  possess  all  the 

powers,  rights  and  privileges  and  he  subject  to  all  the 
liabilities  and  provisions  contained  in  all  general  laws 
that  now  are  or  may  hereafter  be  in  force  so  far  as  the 
same  are  applicable  to  such  corporations. 

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

Approved  May  17,  1888. 

ChaV.S70  ^'^  ^^"^  ^**  PRESERVE  THE   PURITY   OF   THE   WATERS   OF   WASHAKUM 
POND,  IN   THE   TOWNS   OF   FRAMINGHAM   AND   ASHLAND. 

Be  it  enacted,  etc.,  as  follows  : 
Baihinuiu  Section   1.     All    bathing  in  Washakum  ])ond,  in  the 

Washakuiii  /»-n  •  i*ii  I'l  i  />i>ii 

pond  forbidden,  towus  oi  J<  ramingham  and  Ashland,  is  hereby  forbidden 

so  long  as  the  water  supply  for  the  reformatory  prison 

for  women  is  taken,  in  part  or  wholly,  from  said  pond. 

wm]toniy°cor-         Section  2.     AVhoevcr   wilfully  or  wantonly    corrupts 

riiptiug  water,    qj.  pollutcs  the  watcrs  of  Said  pond,  shall  upon  conviction 

be  punished  by  fine  not  exceeding  one  hundred  dollars, 

or  by  imprisonment  not  exceeding  throe  months. 

bcenforcedT^        Section  3.     The  commissioners  of  prisons  are  hereby 

commissioners    autliorized  to  take  such  steps  as  are  necessary  to  protect 

prisons.        ^j^^  waters  of  said  pond  under  the  provisions  of  this  act. 


1888.  —  Chapteks  371,  372,  373.  331 

Section  4.     This    act  shall  take  effect  upon  the  tirst  J")^^^;'^^^!^'^ 
day  of  June  in  the  year  eighteen  hundred  eighty-eight. 

Approved  May  17 ^  1888. 

An  Act  relating  to  certain  court  officers  in   the  county  (JJidp^^^JX 

OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  follows : 

The  deputy  sherifls  and  constables  in  attendance  as  comtonuciBto 
officers  at  the  superior  court  in  the  county  of  Suffolk  shall 
while  on  duty  in  said  court  wear  uniforms  to  be  desig- 
nated by  the  sheriff  of  said  county,  and  shall  be  allowed 
and  paid  to  provide  such  uniforms  the  sum  of  one  hundred 
dollars  each  annually  in  addition  to  the  salary  allowed  by 
law  to  such  officers.  Approced  May  17,  1888. 

An  Act  in  relation  to  agreements  to  make  wills  of  real  (JJid^^^'J^i 

AND   personal   ESTATE. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     No  agreement  to  make  a  will   of  either  AKicement  to 
real  or  personal  estate,  and  no  agreement  to  give  a  legacy,  aevls*  bTwii^ 
or  make  a  devise  by  will,  shall  be  binding,  unless  such  "^^leS"^ 
agreement  is  in  writing  signed  by  the  party  whose  execu-  writiug. 
tor,  or  administrator  is  sought  to  be  charged,  or  by  some 
person  l)y  such  party  duly  authorized. 

Section  2.     Nothing   herein   contained    shall   in   any  Agreement 

n,      ,  J  1  •  J.       ii  C  heretofore  made 

way  afiect  any  agreement  made  prior  to  the  passage  oi  „ot  to  be 

J 1  •  I  affected. 

this  act. 

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

Approved  May  17,  1888. 


An  Act  to  amend  an  act  to  give  the  trustees  of  the  eastern  (JJidp^^^'^ 
railroad   company    additional    authority   to   invest   the 
sinking  fund  of  said  corporation. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  eight  of  the  acts  investment  of 
of  the  year  eighteen  hundred  and    eighty-five  is  hereby  ^"^"a^st'.m'  ° 
amended,  so  as  to  read  as  follows: — The  sinldng  fund  [i;^'!;^;;;','^^ 
provided  for  by  section  fourteen  of  chapter  two  hundred 
and  thirty-six  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-six  either  as  now  or  hereafter  existing  and 
whether  in  the  form  of  money  or  of  securities,  shall  be 
invested  by  the  trustees  in  the  certificates  of  indebtedness 
of  said  Eastern  Railroad  Company  for  cancellation  when- 


332  1888.  —  Chapter  374. 

inviMraentof  evei"  salcl  Certificates  can  be  l)ought  at  prices  not  exceed- 
ing un  .  .^^^  their  fair  value  as  compared  with  that  of  securities  in 
which  the  savinp:s  banks  of  the  Commonwealth  are  author- 
ized to  invest  theirfunds,  and  also  whenever  the  corpo- 
ration shall  so  request  and  shall  furnish  the  trustees  the 
difterence  in  money,  to  be  fixed  by  them,  between  the 
price  at  which  the  amount  of  certificates  so  requested  to 
be  purchased  can  l)e  obtained  and  the  fair  value  thereof 
as  compared  with  that  of  said  savings  l>ank  securities  : 
provided,  however,  that  said  trustees  shall  purchase  cer- 
tificates as  herein  authorized  and  required  only  after  in- 
viting proposals  to  sell  from  all  certificate  holders  by  such 
public  advertisement  as  seems  to  them  sufficient  and  only 
in  such  manner  as  to  give  to  all  parties  offering  to  sell  at 
the  lowest  prices  equal  privileges  and  advantages. 

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

Approved  May  1 7,  1888. 


Chap.S74: 


An  Act  to  incorporate  the  city  of  woburn. 
Be  it  er),acted,  etc.,  as  follows: 


<i;yof  Section  1.     The  inhabitants  of  the  toAvn  of  Wolnirn, 

incorporated,      ill  casc  of  tlic  acccptauce  of  this  act  b}'  the  voters  of  said 
town,  as  hereinafter  provided,  shall  continue  to  be  a  body 
politic  and    corporate    under   the    name    of  the   city    of 
Woburn,  and  as  such  shall  have,  exercise  and  enjoy  all 
the  rights,  immunities,  powers  and   privileges,  ancl   shall 
be  subject  to  all  the  duties  and  ol>ligations  now  incumbent 
upon  and  pertaining  to  the  said  town  as  a  municipal  cor- 
poration . 
Mayor,  board  of      Section  2.     The  administration  of  all  the  fiscal,  pru- 
rommon"''"'      dcutlal  and  municipal  afi'airs  of  the   said  city,  with  the 
council.  government  thereof,  shall  be  vested  in  one  officer,  to  be 

called  the  mayor ;  one  council,  to  be  called  the  ])oard  of 
aldermen,    and    one    council   to    be    called    the  common 
council ;  which  councils,  in  their  joint  capacity,  shall  ])e 
School  denominated  the  city  council.     The  u'eneral  management 

and  control   of  the  public   schools  ot  said   city  shall   be 
vested  in  a  school  committee. 
To  be  divided         Section  3.     Tlie  tciTitory  of  Said  city  shall  1)6  dlvldcd 

into  seven  .     ,  i  1  •       "^^  •  ^      1 

wards.  into  seven  wards,  as  liereinatter  provided. 

Munieiimi  Section  4.     The  municipal  election   shall  take  place 

Tuesday  in  aiinually  Oil  the  first  Tuesday  in  December:  and  the 
municipal  year  shall  begin  on  the  first  jMonday  in  January 
next  ensuino;.     All  meetings  of  the  citizens  for  municipal 


December. 


1888.  —  CiiAPTEii  374.  333 

purposes  shall  be  called  l)y  warrants  issued  by  the  mayor 
and  the  l)oai'd  of  aldermen,  which  shall  be  in  such  form 
and  be  served  and  returned  in  such  manner  and  at  such 
times  as  the  city  council  may  by  ordinance  direct. 

Sec^fion  r>.  At  such  municipal  elections  the  qualified  m,^u[|.°"J' 
voters  in  the  several  wards  shall  give  in  their  votes  by  oMkciM. 
ballot  for  mayor,  aldermen,  common  councilmen  and 
school  committee,  in  accordance  with  the  provisions  of 
this  act  and  the  laws  of  the  Commonwealth ;  and  the  per- 
son receiving  the  highest  num1>er  of  votes  for  any  office 
shall  be  deemed  and  declared  to  be  elected  to  such  office  ; 
and  whenever  two  or  more  persons  are  to  be  elected  to  the 
same  office,  the  several  persons,  to  the  number  required 
to  be  chosen,  receiving  the  highest  number  of  votes,  shall 
be  deemed  and  declared  to  be  elected.  If  it  shall  appear 
at  an  election  that  there  is  no  choice  of  mayor,  or  if  the 
person  elected  mayor  shall  refuse  to  accept  the  oifice  or 
shall  subsequently  die  before  (jualifying,  or  a  vacancy  in 
said  office  shall  subsequently  occur,  the  board  of  aldermen 
shall  forthwith  cause  warrants  to  be  issued  for  a  new  elec- 
tion, and  the  same  proceedings  shall  l)ehad  in  all  respects 
as  are  hereinbefore  provided  for  the  election  of  mayor, 
and  repeated  until  the  election  of  a  mayor  is  completed. 
The  mayor  thus  elected  shall  hold  office  for  the  remainder 
of  the  term.  If  the  full  numl^er  of  members  of  either 
branch  of  the  city  council  shall  fail  to  l)e  elected,  or  a 
vacancy  shall  occur  in  either  branch,  such  branch  shall 
declare  a  vacancy  or  vacancies  to  exist,  and  thereupon 
the  board  of  aldermen  shall  cause  a  new  election  to  be 
held  to  fill  the  same.  The  person  thus  elected  to  fill  a 
vacancy  shall  hold  office  for  the  remainder  of  the  term. 

Section  (!.     All  meetings  for  the  election  of  national,  Kiettionof 
state,  count}"  and  district  officers  shall  be  called  by  the  etc.,  officers. 
mayor  and  board  of  aldermen    in  the   same   manner  as 
meetings  for  municipal  elections  are  called. 

Sectiox  7.     The    board    of  aldermen   may,    when   no  Meeting  may  be 
convenient  ward  room  for  holding  the  meeting  of  the  citi-  adjac'elirwaid 
zens  of  any  ward  can  be  had  within  the  territorial   limits  when  no  con.' 

"^  I  .  IT  •!  /•  11.  venient  room  in 

of  such  ward,  appomt  and  direct  m  the  warrant  tor  calling  w.nd  i an  i)e 
the  meeting  of  such  ward,  that  the  meeting  be  held  in 
some  convenient  place  within  the  limits  of  an  adjacent 
ward  of  the  city  ;  and  for  such  purpose  the  place  so  as- 
signed shall  be  deemed  and  taken  to  be  a  part  of  the  ward 
for  which  the  election  is  held. 


334  1888.  — Chapter  374. 

'^'^"f/'''    ,  Section  8.     General  meeting's  of  the  citizens  qualified 

meetings  of  ,  •iiii  ^^  i 

citizens.  to  vote  mav,  irom  time  to  tnne,  be  held,  according  to  the 

right  secured  to  the  people  1)y  the  constitution  of  this 
Commonwealth,  and  such  meetings  may,  and  upon  the 
request  in  writing  of  fifty  qualified  voters  setting  forth  the 
purposes  thereof,  shall  be  duly  warned  by  the  mayor. 

Executive  Sectiox  9.     Exccpt  as  herein  otherwise  provided  the 

power  vested  in  .  />        •  i       •,  n  •   i        ii     i 

the  niiiyor  and    cxccutive  powcr  of  said  City  generally,  with  all  the  powers 
heretofore  v^ested  in  and  exercised  by  the  selectmen  of  the 
said  town,  shall  be  vested  in  and  exercised  by  the  mayor 
and  aldermen  as  fully  as  if  the  same  were  herein  specially 
enumerated. 
Mayor  to  be  the       Sectiox  10.     The  mayor  shall  be  elected  by  the  quali- 
officei  of  the      fied  votcrs  of  the  entire  city  and  shall  hold  office  for  the 
'"*^'  municipal  j^ear  beginning  with  the  first  Monday  in  January 

next  succeeding  the  election.  He  shall  be  the  chief  ex- 
ecutive officer  of  the  city,  and  it  shall  be  his  duty  to  be 
active  and  vigilant  in  causing  the  laws,  ordinances  and 
regulations  of  the  city  to  be  enforced,  and  to  keep  a  gen- 
eral supervision  over  the  conduct  of  all  subordinate  offi- 
cers. He  may  suspend  any  officer,  and  may  suspend  any 
work  or  payment,  whether  under  contract  or  otherwise, 
for  a  period  not  exceeding  ten  days  ;  but  in  such  case  he 
shall  report  his  action,  with  his  reasons  therefor  to  the 
city  council,  which  shall  take  immediate  action  thereon. 
He  may  call  special  meetings  of  the  city  council,  or  either 
branch  thereof,  when  in  his  opinion  the  interests  of  the 
city  require  it,  by  causing  notices  to  be  left  at  the  usual 
places  of  residence  of  the  members  to  be  convened.  He 
shall  from  time  to  time  communicate  to  the  city  council, 
or  either  branch  thereof,  such  information  and  recommend 
such  measures  as  the  business  and  interests  of  the  city 
may  in  his  opinion  require.  He  shall,  when  present,  pre- 
side in  the  board  of  aldermen  and  in  convention  of  the 
two  branches,  but  shall  have  no  vote  except  in  case  of  an 
Salary.  cqual  di^'isiou.     His  salary  shall    be    fixed    l)y   the  city 

council  l)y  concurrent  vote,  and  the  same  shall  ))e  payable 
at  stated  periods,  but  the  salary  of  any  mayor  shall  not  be 
increased  or  diminished  for  the  year  for  which  he  is  chosen. 
He  shall  receive  no  other  compensation  for  his  services. 
Mayor  to  Section  11.     Tlic  mavor  shall  appoint,  subject  to  the 

office'rs,  eu.!r     Confirmation  or  rejection  of  the  board  of  aldermen,  a  chief 
firmftfon" '^°"     of  policc,  and   such  number  of  other  police   officers  and 
constables  as  the  city  council  shall  determine.     The  chief 


1888.  —  Chapter  374.  335 

of  police,  and  all  other  police  officers,  shall  hold  office 
durino-  good  behavior  and  until  removed  by  the  mayor, 
with  the  concurrrence  of  the  board  of  aldermen,  after 
hearino-   for  cause  in  their  oiiinion  sufficient.     The  board  oflicers  may  be 

» '  .  i  .     ,      1    lequired  to  give 

ot  aldermen  may  re<]uire  any  person  who  may  be  appomted  ix'uds., 
a  chief  of  police  or  constal)le  to  give  a  bond  with  such 
security  and  to  such  an  amoirtit  as  they  may  deem  reason- 
al)le  and  proper  for  the  faithful  discharge  of  the  duties  of 
the  office,  upon  which  l)onds  the  like  proceedings  and 
remedies  may  be  had  as  are  by  law  provided  in  case  of 
constables'  bonds  taken  by  the  selectmen  of  towns. 

Section  12.     Whenever  there   shall   be  a  vacancy  in  if  mayor  is 
the  office   of  mayor,  or  whenever  by'reason  of  sickness,  plt^iden'tof'" 
absence  from  the  city  or  other  cause,  the  mayor  shall  be  I'n°Jn*to°Lt!'^'"' 
disaljled  from  attending  to  the  duties  of  his  office,  the 
president  of  the  board  of  aldermen  ^hall  act  as  mayor, 
and  possess  all  the  rights  and   powers  of  mayor  during 
such  vacancy  or  disability. 

Section  13.     One  alderman  shall  be  elected  by  and  Kiectiouof 

,.  ,  I'll  /•  1  1  TTii         akk'inu'ii  ami 

trom  the  qualitied  voters  ot  each  ward.  Under  the  common 
division  of  said  city,  as  hereinafter  provided  for,  one  "^  """ '"'"' 
common  councilman  each  shall  be  elected  by  and  from 
the  qualified  voters  of  the  North  AVoburn,  Montvale  and 
Cummingsville  wards,  so  called,  respectively,  and  two 
common  councilmen  shall  be  elected  by  and  from  the 
qualified  voters  of  each  of  the  remaining  wards ;  but 
upon  a  new  division  of  said  city  into  wards  containing, 
as  nearly  as  may  be,  an  equal  number  of  voters,  two 
common  councilmen  shall  l)e  elected  by  and  from  the 
qualified  voters  of  each  of  the  wards  so  constituted.  No  to  be  resiatnts 
person  shall  be  eligible  for  election  as  alderman  or  com-  ^hrch  eiecte™ 
mon  councilman  who  is  not  at  the  time  of  his  election  a 
resident  of  the  ward  from  which  he  is  chosen,  but  a  re- 
moval subsequently  to  another  ward  of  said  cit}'  shall  not 
disqualify  any  such  officer  from  discharging  the  duties  of 
his  office.  The  aldermen  and  common  councilmen  shall 
hold  office  for  the  municipal  year  beginning  with  the  first 
Monday  in  January  next  succeeding  their  election,  and 
res})ectively  until  a  majority  of  the  succeeding  boards 
shall  be  elected  and  qualified.  They  shall  be  sworn  to 
the  faithful  discharge  of  their  duties,  and  they  shall  re- 
ceive no  compensation  for  their  services.     A  maiority  of  Majority  of 

,,1,1,  .  /•  1  •'  "'.  each  lioaril  to 

each  board  shall  constitute  a  quorum  tor  the  transaction  beaquonim. 
of  1)usiness. 


336 


1888.  —  Chapter  374. 


Mayor, 
aklerraen  and 
common  coun- 
cilmen  to  meet 
in  convention 
and  be  sworn, 
on  the  first 
Monday  of 
January. 


Common  coun- 
cil to  choose  a 
president  and 
clerk. 


Aldermen  to 
choose  a 
president. 


City  council  to 
see  that  no 
money  is  paid 
from  the  treas- 
ury unless 
granted,  etc. 


To  cause  to  be 
published  an 
account  of 
receipts  and 
expenditures. 


To  have  care  of 
city  buildings. 


City  council, 
with  approval 
of  mayor,  to 
lay  out  streets, 
etc. 


Section  14.  On  the  first  Monday  of  January,  at 
three  o'clock  in  the  afternoon,  the  mayor,  aldermen  and 
common  councilmen  elect  shall  meet  in  joint  convention, 
when  they  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  their  respective  offices.  The  oath  shall  ])e  ad- 
ministered by  the  city  clerk,  or  by  any  justice  of  the 
peace,  and  a  certificate  of  such  oath  having  been  taken 
shall  be  entered  on  the  journals  of  the  board  of  aldermen 
and  of  the  common  council  by  their  respective  clerks. 
The  conmion  council  shall  be  organized  by  the  choice  of  a 
president  and  clerk,  to  hold  their  offices  respectively 
during  the  pleasure  of  the  common  council,  and  the  clerk 
shall  be  sworn  to  the  faithful  performance  of  his  duties. 
The  ])oard  of  aldermen  shall  choose  a  president  who  shall 
preside  at  meetings  of  the  board  of  aldermen  and  of  the 
two  councils  in  joint  convention,  in  the  alisence  of  the 
mayor.  The  sessions  of  the  board  of  aldermen,  when  not 
enffag-ed  in  executive  business,  and  of  the  common  coun- 
cil,  and  of  the  two  branches  in  convention,  shall  be  public. 

Section  15.  The  city  council  shall  take  care  that  no 
money  be  paid  from  the  treasury  unless  granted  or  appro- 
priated, and  shall  secure  a  just  and  proper  accountability 
by  requiring  bonds,  with  sufficient  penalties  and  sureties, 
from  all  persons  intrusted  with  the  receipt,  custody  or 
disbursement  of  money.  It  shall,  as  often  as  once  in  each 
year,  cause  to  be  published  for  the  use  of  the  inhabitants 
a  particular  account  of  the  receipts  and  expenditures  of 
said  city  and  of  the  public  debt,  and  a  schedule  of  all  city 
property.  It  shall  have  the  care  and  superintendence  of 
the  city  buildings  and  the  custody,  management  and  dis- 
posal of  all  city  property. 

Section  16.  The  city  council  shall,  with  the  approval 
of  the  mayor,  have  exclusive  authority  and  power  to 
order  the  laying  out,  locating  anew,  or  discontinuing  of, 
or  making  specific  repairs  in  all  streets  and  ways,  and  all 
highways  within  the  limits  of  said  city,  and  to  assess  the 
damages  sustained  by  any  person  thereby ;  ])ut  all  ques- 
tions relating  to  the  subjects  of  la3ing  out,  altering, 
repairing  or  discontinuing  any  street,  way  or  highway, 
shall  first  be  acted  upon  Ijy  the  mayor  and  aldermen. 
Any  person  aggrieved  l)y  any  proceedings  of  the  city 
council  under  this  provision,  shall  have  all  the  rights  and 
privileges  now  allowed  by  law  in  appeals  from  the  de- 
cisions of  selectmen  or  road  commissioners  of  towns. 


to 
e  of 


1888.  —  Chapter  374.  337 

Section  17.  The  city  council  shall  have  power  to  May  make  onw- 
make  and  establish  ordinances  and  ])y-laws,  and  to  affix  i.y-iaws!" 
thereto  penalties,  as  herein  and  by  general  law  provided, 
without  the  sanction  of  anj^  court  or  justice  thereof:  pro- 
vided, however,  that  all  laws  and  regulations  now  in  force 
in  the  town  of  AVoburn  shall,  until  they  shall  expire  by 
their  limitation,  or  be  revised  or  repealed  by  the  city 
council,  remain  in  force. 

Section  18.     The  city  council  shall  annually  in  the  to  choose  a 
month  of  January  in  convention  choose  by  joint  ballot  a  treLUoiami 
city  clerk,  and  also  a  treasurer  and  a  collector  of  taxes,  t^xt^'^bTjohn 
who   may  be  the   same  person,  and   may  by  concurrent  J^''''"'- """^/"'^ 

«'  _  _    ^  i  '  _  .  .      cnooso  certain 

vote  choose  a  city  solicitor,  a  city  auditor,  a  city  physi-  other  officers  i.y 

•  '  \j  '  \)     k.      \j  coDcurrtJilt  volt". 

cian,  a  sui)erintendent  of  streets,  a  chief  engineer  and  not 
more  than  four  assistant  engineers  of  the  fire  department, 
who  shall  hold  their  respective  offices  for  the  term  of  one 
year,  beginning  with  the  first  Monday  of  February  next 
ensuing,  and  until  their  respective  successors  shall  be 
chosen  and  qualitied. 

Section  19.     The  city  clerk  shall  have  charge  of  all  citycierki 

,  J  O,  ,  nave  ehargi. 

journals,  records,  papers  and  documents  of  the  city,  siofn  journals,  et, 

11  4-      •  11+1  111  \       \       "^  board  ot 

all  warrants  issued   by  the  ma3^or  and  aldermen,  and  do  aitiermen. 
such  other  acts  in  his  said  capacity  as  the  city  council 
may  require  of  him.     He  shall  be  the  clerk  of  the  board 
of  aldermen  and  of  the  city  council  in  convention,  and 
shall  keep  a  journal  of  all  votes  and  proceedings.     He  To  engross  aii 
shall  engross  all  the  ordinances  passed  by  the  city  coun-  °''^"'*"''*^«- 
cil  in  a  book  provided  for  that  purpose,  and   shall   add 
proper  indexes,   which   book    shall   be  deemed  a  public 
record  of  such  ordinances  ;    and  he   shall  perform  such 
other  duties  as  shall  be  prescribed  by  the  board  of  alder- 
men.    In  case  of  the  temporary  absence  of  the  city  clerk,  pierkpro 

1  •    1       1  (»      1  1  1         (•       1  1  tempore  in 

the  mayor,  with  the  consent  ot  the  board  ot  aldermen,  absence  of 
may  appoint  a  clerk  pro  tempore,  who  shall  be  duly"^"^"^' 
qualitied. 

Section  20.     The  city  council  first  elected  after  the  Aesefsorsof 
acceptance  of  this  act  shall,  in  the  month  of  Fel)ruary,  cWnVrcon- 
choose,  by  concurrent  vote,  three  persons  to  be  assessors  ""'ent  vote. 
of  taxes,  to  serve,  one  for  the  term  of  three  years,  one 
for  the  term  of  two  years  and  one  for  the  term  of  one 
year,  beginning  with  the  first  Monda}'^  in  March  next  en- 
suing, and    until  their  respective  successors  are    chosen 
and  qualified  ;  and  thereafter  the  city  council  shall  annu- 
ally,   in    the    month    of  February,   choose    in    the    same 


338 


1888.  — Chapter  374. 


Assislant 
astessore. 


Overpeeis  of 
the  poor. 


Sinking  fund 
commissioners. 


Board  of  water 
comraisBioners. 


manner  one  person  as  assessor,  mIio  shall  hold  office  for 
the  term  of  three  years,  l)eginning  with  the  first  Monday 
in  March  then  next  ensuing,  and  until  another  is  chosen 
and  qualified  in  his  stead.  The  city  council  shall  annu- 
ally, in  the  month  of  February,  choose,  by  concurrent 
vote,  one  person  from  each  Avard  to  be  an  assistant  as- 
sessor for  one  year  from  the  first  Monday  in  March  next 
ensuing  and  until  his  successor  is  elected  and  qualified  ; 
and  it  shall  be  the  duty  of  the  person  so  elected  to  furnish 
the  assessors  with  all  necessary  information  relative  to 
persons  and  property  taxal)le  in  their  respective  wards. 

Section  21.  The  city  council  first  elected  after  the 
acceptance  of  this  act  shall,  in  the  month  of  February, 
choose,  by  concurrent  vote,  three  persons  to  be  overseers 
of  the  poor,  to  serve,  one  for  the  term  of  three  years,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  one 
year,  beginning  with  the  first  Monday  in  March  next 
ensuing,  and  until  their  respective  successors  are  chosen 
and  qualified  ;  and  thereafter  the  city  council  shall  annu- 
ally, in  the  month  of  February,  choose  in  the  same  man- 
ner one  person  as  overseer  of  the  poor,  who  shall  hold  his 
office  for  the  term  of  three  years,  beginning  with  the  first 
Monday  in  March  then  next  ensuing,  and  until  another 
shall  be  chosen  and  qualified  in  his  stead ;  but  no  more 
than  one  of  the  three  members  so  to  be  chosen  shall  be 
eligible  from  any  one  w^ard  of  said  city.  The  persons  so 
chosen  shall,  with  the  mayor,  constitute  the  board  of 
overseers  of  the  poor,  and  the  mayor  shall  be  ex  officio 
chairman  of  the  board. 

Section  22.  The  city  council  first  elected  after  the 
acceptance  of  this  act  shall,  in  the  month  of  February, 
choose,  by  concurrent  vote,  three  persons  to  be  sinking 
fund  commissioners,  to  serve,  one  for  the  term  of  three 
years,  one  for  the  term  of  two  years,  and  one  for  the  term 
of  one  year,  beginning  with  the  first  Monday  in  March 
next  ensuing,  and  until  their  respective  successors  are 
chosen  and  qualified  ;  and  thereafter  the  city  council  shall 
annually,  in  the  month  of  February,  choose  in  the  same 
manner  one  person  as  sinking  fund  commissioner,  who 
shall  hold  his  office  for  the  term  of  three  years,  beginning 
with  the  first  Monday  in  IVIarch  then  next  ensuing,  and 
until  his  successor  shall  be  chosen  and  qualified  in  his  stead. 

Section  23.  The  members  of  the  board  of  water  com- 
missioners elected  by  said  town  under  the  provisions  of 


1888.  — Chapter  374.  339 

chapter  three  hundred  and  seven  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-one,  and  acts  amendatory 
thereof,  and  holding  office  at  the  time  of  the  acceptance 
of  this  act,  shall  continue  to  hold  their  respective  offices 
until  the  expiration  of  the  respective  terms  for  which 
they  were  elected ;  and  for  the  further  continuance  of 
said  board  the  city  council  shall  annually,  in  the  month 
of  Fel)ruary,  choose,  by  concurrent  vote,  one  person  as 
water  commissioner,  who  shall  hold  his  office  for  the  term 
of  three  years,  beginning  with  the  tirst  Monday  in  April 
then  next  ensuing,  and  until  his  successor  is  ctiosen  and 
qualified.  The  commissioners  thus  chosen  shall  have  and 
exercise  the  same  powers  and  authority  as  the  commis- 
sioners so  elected  by  said  town,  and  all  other  powers  and 
authority  given  under  said  acts  for  supplying  said  town 
with  water  shall  be  vested  in  the  city  council. 

Section  24.  The  trustees  of  the  Woburn  public  Trustees  of  the 
library  elected  by  said  town  under  the  provisions  of  libmry™  ^"^  "^ 
chapter  two  hundred  and  seventy-three  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-five,  and  holding  office 
at  the  time  of  the  acceptance  of  this  act,  shall  continue  to 
hold  their  respective  offices  until  the  expiration  of  the 
respective  terms  for  which  they  were  elected  ;  and  for  the 
continuance  of  such  trustees  the  city  council  shall  annu- 
ally, in  the  month  of  February,  choose,  by  concurrent 
vote,  one  person  as  trustee  of  said  library,  who  shall  hold 
his  office  for  the  term  of  three  years,  beginning  with  the 
first  Monday  in  April  then  next  ensuing,  and  until  his 
successor  is  chosen  and  qualified. 

Section  25.     The  members  of  the  board  of  commis-  Board  of 

.  /•  ,  1  1  J         /•    j_i  ^x7-    1  commissiouers 

sioners  tor   the    care   and   management  ot   the    Woburn  for  the  care  and 
cemetery  and  other  public  burial  grounds,  elected  by  said  {he"wobMn  °* 
town  under  the  provisions  of  chapter  one  hundred  and  cemetery,  etc. 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four,  and  holding  office  at  the  time  of  the  acceptance  of 
this  act,  shall  continue  to  hold    their   respective    offices 
until  the  expiration  of  the  respective  terms  for  which  thev 
were  elected ;    and  for  the  further   continuance    of    said 
board  the  city  council  shall  annually,  in  the    month    of 
February,  choose,  by  concurrent  vote,  one  person  as  such 
commissioner,  who  shall  hold  his  office  for  the  terra  of 
five  years,  beginning  with  the  first  Monday  in  April  then 
next  ensuing,  and  until  his  successor  is  chosen  and  quali- 
fied.    The  commissioners  thus  chosen  shall  have  and  exer- 


340 


1888.  —  Chapteh  374. 


Board  of  health. 


Vacancies  in 
oflicee. 


Compensation. 


Subordinate 
officers. 


Aldermen  and 
couneilmen  not 
eligible  to  office 
ot  emolument. 


School 
committee  to 
be  elected. 


Mayor  to  be  a 
member  ex 
officio. 


cise  the  same  powers  and  authority  as  the  commissioners 
so  elected  by  said  town. 

Section  26.  All  power  and  authority  now  vested  l)y 
law  in  the  board  of  health  for  the  town  of  "VVol)urn,  or  in 
the  selectmen  thereof,  shall  be  transferred  to  and  vested 
in  the  mayor  and  aldermen,  until  the  city  council,  who 
shall  have  authority  to  establish  a  board  of  health,  shall 
otherwise  provide. 

Section  27.  Vacancies  occurring  in  the  oiEces  men- 
tioned in  the  preceding  sections,  whose  incumbents  are 
chosen  by  joint  ballot  or  concurrent  vote  of  the  city 
council,  may  likewise  be  filled  at  any  time  by  the  city 
council  by  joint  ballot  or  concurrent  vote,  as  the  case 
may  be,  tor  the  unexpired  term ;  and  the  incumbents  of 
any  such  office  may  at  any  time  be  removed  by  the  city 
council  by  concurrent  vote  for  cause  in  the  opinion  of 
said  council  deemed  sufiicient,  or  by  the  mayor  or  with 
the  consent  of  a  majority  of  the  members  of  each  branch 
of  the  city  council  for  like  cause.  The  compensation  of 
all  such  officers  shall  be  fixed  by  concurrent  vote  of  the 
city  council.  The  city  council  may  establish  other  sub- 
ordinate offices,  and  provide  for  the  election  or  appoint- 
ment of  the  incumbents  thereof,  prescribe  their  duties  and 
fix  their  compensation. 

Section  28.  No  person  shall  be  eligible,  by  appoint- 
ment or  election  by  the  mayor  and  aldermen  or  city 
council,  to  any  office  of  emolument,  the  salary  of  which 
is  paya])le  out  of  the  city  treasury,  who,  at  the  time  of 
such  appointment  or  election,  shall  be  a  member  of  the 
board  of  aldermen  or  of  the  common  council. 

Section  29.  At  the  municipal  election  to  be  held  next 
after  the  acceptance  of  this  act,  there  shall  be  elected  by 
the  qualified  voters  of  the  city  nine  persons  to  be  mem- 
bers of  the  school  committee,  to  serve,  three  for  the  teim 
of  three  years,  three  for  the  term  of  two  years,  and  three 
for  the  term  of  one  year,  beginning  with  the  first  Monday 
in  January  next  ensuing,  and  thereafter  three  persons 
shall  l)e  elected  at  each  municipal  election  who  shall  hold 
office  for  the  term  of  three  years  beginning  with  the  first 
Monday  in  January  then  next  ensuing ;  and  the  persons 
so  chosen  shall  with  the  mayor  ex  officio,  constitute  the 
school  committee,  and  the  mayor  shall  be  chairman 
thereof.  The  members  of  the  school  committee  shall  be 
chosen  from  the  inhabitants  of  said  city  and  shall  serve 


1888.  —  Chapter  374.  3il 

without  compensation.     The  committee  may  choose  from 
their  own  numlier  a  chairman,  who  shall  preside  in  the 
absence  of  the  mayor.     The  committee  shall  appoint  from  chaiimau  and 
their  own  number,  or  otherwise,  a  secretary,  who  shall  schooT'^  ° 
be  under  the  direction  and  control  of  the  committee,  and  committee. 
may  appoint,  but  not  from  their  own  number,  a  superin-  supeiiutenciont 
tendent  of  schools,  and  they  may  remove  such  officers  at  ° 
their  pleasure.     Vacancies    occurring   in   the    committee  Vaeaucies. 
may  be  tilled  at  any  time  by  the  joint  ballot  of  the  city 
council  and  the  school    committee    in    convention.     The 
member  so  chosen  shall  hold  office,  until  the  end  of  the 
municipal  year  in  which  the  warrant  for  the  next  ensuing 
municipal  election  is  issued. 

Section  30.     Upon  an  acceptance  of  this  act,  as  here-  city  to  be  ciivid- 
in  provided,  the  selectmen  of  said  town  shall  forthwith  tarda!  *^^*^° 
divide  the  territory  thereof  into  seven  wards,  so  that  the 
villages  of  North  Woburn,  Montvale  and  Cummingsville, 
so  called,  shall  each  constitute  a  separate  ward,  and  the 
remainder  of  the  town,   comprising  the  centre   thereof, 
shall  be  divided  into  four  wards,  so  that  the  same  shall 
contain,  as  nearly  as  may  be  consistent  with  well  defined 
limits  to  each,  an  equal  number  of  voters,  and  they  shall 
designate  the  wards  by  numbers.     They  shall,   for  the  Suitable pouing 
purpose  of  the  first  municipal  election  to  be  held  here- pro'videci'in  the 
under,  which  shall  take  place    on   the  first  Tuesday  of  ^^'''''^i  "'"''^s- 
December  next  succeeding  such  acceptance,  provide  suita- 
ble polling  places  in  the  several  wards  and  give  notice 
thereof,  and  shall,  at  least  ten  days  previous  to  the  said 
first   Tuesday  in  December,  appoint  all  proper  election 
officers  therefor;    and  they   shall,  in  general,   have  the 
powers  and  perform  the  duties  of  the  mayor  and  the  board 
of  aldermen   of  cities  under  chapter  two    hundred    and 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  the  provisions  of  which  shall,  so  far  as  appli- 
cable,  apply  to   said  election,  and  the  town  clerk   shall 
perform  the  duties  therein  assigned  to  city  clerks.     The  Registrars  of 
registrars  of  voters  shall  cause  to  be  prepared  and  pub-  Hnh  111^%^"''" 
lished  lists   of  the  qualified  voters  in  each  of  the  wards  ^■°"^''*- 
established  by  the  selectmen. 

Section  31.     The  selectmen  shall  notify  the  persons  selectmen  to 
elected  mayor,  aldermen  and  common  councilmen  sever-  offic/rs^eiect, 
ally  of  their  election  and  shall   provide  and  appoint  a  piacc'for  m^st 
place  for  the  first  meeting  of  the  aldermen  and  common  ^eetiug. 
council  on  the  first  Monday  in  January  next  ensuing,  and 


342 


1888.  — Chapter  374 


To  provide 
place  for  meet- 
ing of  school 
committee,  etc. 


Meeting  for 
voting  upon  the 
question  of 
acceptance  of 
this  act. 


Not  to  take  full 
effect  until 
accepted  by 
voters. 


by  written  notices  left  at  the  respective  residences  at  least 
twenty-four  hours  prior  to  such  meeting  shall  notify  there- 
of the  mayor  elect,  aldermen  elect  and  councilmen  elect, 
who  shall  immediately  proceed  to  organize  and  carry  into 
effect  the  provisions  of  this  act,  which  shall  then  have  full 
force  and  effect.  The  selectmen  shall  in  like  manner 
provide  and  appoint  a  place  and  time  ibr  the  first  meeting 
of  the  school  committee  and  notify  the  members  elect 
thereof.  Nothing  herein  shall  affect  the  annual  meeting 
in  said  town  for  the  election  of  national,  state,  district  and 
county  officers  which  may  be  held  next  after  the  accept- 
ance thereof. 

Section  32.  A  meeting  may  be  called  for  the  purpose 
of  submitting  the  question  of  the  acceptance  of  this  act  to 
the  legal  voters  of  said  town  at  any  time  after  the  passage 
thereof,  except  in  the  months  of  November  and  December. 
At  such  meeting  the  polls  shall  be  open  not  less  than 
eight  hours,  and  the  vote  shall  be  taken  by  ballot,  in 
accordance  with  the  provisions  of  chapter  two  hundred 
and  ninety-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four,  so  far  as  the  same  shall  be  applicable,  in 
answer  to  the  question  ' '  Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  eighteen  hundred  and  eighty-eight, 
entitled  'An  act  to  incorporate  the  city  of  Woburn',  be 
accepted  ?  "  and  the  affirmative  votes  of  a  majority  of  the 
voters  present  and  voting  thereon  shall  be  reciuired  for  its 
acceptance.  If  at  any  meeting  so  called  this  act  shall  fail 
to  be  thus  accepted,  it  may,  at  the  expiration  of  three 
months  from  any  such  previous  meeting,  be  again  thus 
submitted  for  acceptance,  but  not  after  the  period  of  two 
years  from  the  passage  thereof. 

Section  33.  So  much  of  this  act  as  authorizes  the 
submission  of  the  question  of  its  acceptance  to  the  legal 
voters  of  the  said  town  shall  take  effect  upon  its  passage, 
but  it  shall  not  take  further  effect  unless  accepted  by  the 
legal  voters  of  said  town  as  herein  prescribed. 

Approved  May  IS,  1888. 


1888.  —  Chapter  375.  343 

An   Act   to   protect   the   pukity  of  inland  wateks,  and  to  rjUfuy  375 

REQUIRE     CONSULTATION    WITH     THE    STATE    BOARD    OF    HEALTH  "^ 

REGARDING   THE   ESTABLISHMENT   OF   SYSTEMS  OF   WATER   SUPPLY, 
DRAINAGE   AND   SEWERAGE. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  state  board  of  health  shall  have  the  state  board  of 
general  oversight  and  care  of  all  inland  u^aters,  and  shall  Jversight aDd" 
])e  furnished  with  maps,  plans  and  documents  suitable  for  fXnd^vaters. 
this  purpose,  and  records  of  all  its  doings  in  relation 
thereto  shall  be  kept.  It  may  employ  such  engineers  and 
clerks  and  other  assistants  as  it  may  deem  necessary  : 
provided,  that  no  contracts  or  other  acts  which  involve 
the  payment  of  money  from  the  treasury  of  the  Common- 
wealth shall  be  made  or  done  without  an  appropriation 
expressly  made  therefor  by  the  general  court.  It  shall 
annually  on  or  before  the  tenth  day  of  January  report  to 
the  general  court  its  doings  in  the  preceding  year,  and  at 
the  same  time  submit  estimates  of  the  sums  required  to 
meet  the  expenses  of  said  board  in  relation  to  the  care  and 
oversight  of  inland  waters  for  the  ensuing  year,  and  it 
shall  also  recommend  legislation  and  suitable  plans  for 
such  systems  of  main  sewers  as  it  may  deem  necessary 
for  the  preservation  of  the  public  health,  and  for  the 
purification  and  prevention  of  pollution  of  the  ponds, 
streams  and  inland  waters  of  the  Commonwealth. 

Section  2.     Said  board  shall  from  time  to  time,  as  it  to  cause 

,  Ti  •       ^  •  /'ji  •  ^  J.  examinations  as 

may  deem  expedient,  cause  examinations  oi  the  said  waters  to  purity  of 
to  be  made  for  the  purpose  of  ascertaining  whether  the  made.  ° 
same  are  adapted  for  use  as  sources  of  domestic  water 
supplies  or  are  in  a  condition  likely  to  impair  the  interests 
of  the  public  or  persons  lawfully  using  the  same,  or  im- 
peril the  public  health.  It  shall  recommend  measures  for 
prevention  of  the  pollution  of  such  waters,  and  for 
removal  of  substances  and  causes  of  every  kind  which 
may  be  liable  to  cause  pollution  thereof,  in  order  to  pro- 
tect and  develop  the  rights  and  property  of  the  Common- 
wealth therein  and  to  protect  the  public  health.  It  shall 
have  authority  to  conduct  experiments  to  determine  the 
best  practical)le  methods  of  purification  of  drainage  and 
sewage  or  disposal  of  the  same.  For  the  purposes  afore- 
said it  may  employ  such  expert  assistance  as  may  be 
necessary. 


su 


1888.  — Chapter  375. 


'J"o  advise,  rtc, 
aiilhorities  of 
cities  and  towns 
intending  to 
introduce,  etc., 
pystenis  of 
water  supply, 
drainage  or 
Bewerage. 


'J'o  notify  attor- 
ney-general of 
oraiBsion  to 
comply  with 
laws  respecting 
the  pollution  of 
water  supplies, 
etc. 


Words 

"  drainage  "  and 

"  sewage  " 

defined. 


Repeal. 


Section  3.  It  shall  from  time  to  time  consult  with  and 
advise  the  authorities  of  cities  and  towns,  or  with  corpo- 
rations, firms  or  individuals  either  already  having  or 
intending  to  introduce  systems  of  water  supply,  drainage 
or  sewerage,  as  to  the  most  appropriate  source  of  supply, 
the  best  practical)le  method  of  assuring  the  ])urity  thereof 
or  of  disposing  of  their  drainage  or  sewage,  having  regard 
to  the  present  and  prospective  needs  and  interests  of 
other  cities,  towns,  corporations,  firms  or  individuals 
which  may  be  afiected  thereby.  It  shall  also  from  time 
to  time  consult  with  and  advise  persons  or  corporations 
engaged  or  intending  to  engage  in  any  manufacturing  or 
other  business,  drainage  or  seAvage  from  which  may  tend 
to  cause  the  pollution  of  any  inland  water,  as  to  the  best 
practicable  method  of  preventing  such  pollution  by  the 
interception,  disposal  or  purification  of  such  drainage  or 
sewage  :  j^rovided,  that  no  person  shall  be  compelled  to 
bear  the  expense  of  such  consultation  or  advice,  or  of  ex- 
periments made  for  the  purposes  of  this  act.  All  such 
authorities,  corporations,  firms  and  individuals  are  hereby 
required  to  give  notice  to  said  board  of  their  intentions  in 
the  premises,  and  to  submit  for  its  advice  outlines  of  their 
proposed  plans  or  schemes  in  relation  to  water  supply  and 
disposal  of  drainage  and  sewage,  and  all  petitions  to  the 
legislature  for  authority  to  introduce  a  system  of  water 
supply,  drainage  or  sewerage  shall  be  accompanied  ])y  a 
copy  of  the  recommendation  and  advice  of  the  said  board 
thereon.  Said  board  shall  Ining  to  the  notice  of  the 
attorney-general  all  instances  which  may  come  to  its 
knowledge  of  omission  to  comply  with  existing  laws  re- 
specting the  pollution  of  water  supplies  and  inland  waters, 
and  shall  annually  report  to  the  legislature  any  specific 
cases  not  covered  by  the  provisions  of  existing  laws, 
which  in  its  opinion  call  for  further  legislation. 

Section  4.  In  this  act  the  term  "  drainage"  refers  to 
rainfall,  surface  and  subsoil  water  only,  and  "sewage" 
refers  to  domestic  and  manufacturing  filth  and  refuse. 

Section  5.  Chapter  two  hundred  and  seventy-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-six  is 
hereby  repealed,  but  nothing  in  this  act  shall  be  construed 
to  atfect  the  expenditures  authorized  under  chapter  thirty 
of  the  resolves  of  the  year  eighteen  hundred  and  eighty- 
eight. 

Section  6.     This  act  shall  take  efiect  upon  its  passage. 

Ajyprovecl  May  18,  1888. 


1888.  —  Chapters  37G,  377,  378.  315 


An    Act    to    authorize    the    city    of    boston    to    refund    a  (JJidy)  37 Q 

PORTION   of   the   money  PAID  AS   BETTERMENTS   FOR  THE   MARINE 
PARK   IN   SAID   CITY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  city  of  Boston  may,  by  concurrent  l^^v  refm?dT 
vote   of  the   city  council,  at  any  time  within  two  years  poniou  of 

/.  ,1  i?    .1  •  .  x-        1  i-  ^   money  paid  as 

irom  the  passage  01  this  act,  reiund  any  portion,  not  betterments  for 
exceeding  ninety  per  centum,  of  the  sums  assessed  for  park^""^ 
betterments  on  account  of  the  marine  park  in  said  city  and 
paid,  in  whole  or  in  part,  into  the  treasury  of  said  city 
prior  to  the  fourth  day  of  June  in  the  year  one  thousand 
eight  hundred  and  eighty-seven  ;  and  any  sums  so  re- 
funded shall  be  paid  by  the  city  treasurer  to  the  persons 
to  whom  said  betterments  were  assessed  or  their  legal 
representatives . 

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

Ai^proved  May  18,  1888. 

An    AOT   TO    PROVIDE   FOR   THE   PUNISHMENT    OF    FEMALE   PERSONS   (7/iOZ>.377 
FOR   A   SECOND   OFFENCE   OF   DRUNKENNESS. 

Be  it  enacted,  etc.,  asfoHoivs: 

If  a  female  person  is   suilty  of  drunkenness,  who  has  P«"ishjaent  of 

X  _  f-'^         J  .   ,   .        ,  females  for  a 

l:)een  convicted  of  a  like  offence  once  within  the  next  ijre-  second  offence 

,.  .         ,  ,,  ,  ,  •    1       1     1         /^  i   of  drunkenness. 

ceding  twelve  months,  she  may  be  punished  by  nne  not 
exceeding  five  dollars  and  the  costs  of  prosecution,  or  by 
imprisonment  in  the  jail  or  in  any  place  provided  by  law 
for  common  drunkards,  not  more  than  two  months. 

Approved  May  IS,  1888. 

An   Act  to   incorporate  the  avon  cemetery  association   in  (Jhcip.^tlS 

THE  TOWN   OF   AVON. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     Silas  S.  Gifford,  Abiiah  Otis,  Isaac  Lit-  Avon  cemetery 

'  J  .  ,  Association 

tletield,  Gilbert  Littlefield,  Nathan  Tucker,  their  associates  incorporated 

,  111  J  •  1  ii        fo'"  t-lif  purpose 

and  successors,   are  hereby  made  a  corporation   by  the  of  controlling 
name  of  the  Avon  Cemetery  Association,  for  the  purpose  sioughton 
of  controlling,    caring    for   and    improving  grounds  set  ^t'"«t^''iy. 
apart  and  known  as  East  Stoughton  Cemetery,  situated 
and  lying  within  one  enclosure  in  the  town  of  Avon  ;  and 
said  corporation  shall  have  all  the  powers  and  privileges, 
and  l)e  subject  to  all  the  duties,  restrictions  and  lia1)ilities, 
set  forth  in  the  general  laws  which  now  are  or  hereafter 
may  be  in  force  applicable  to  similar  corporations. 


34G 


1888.  —  Chapters  370,  380. 


May  aseume 
legal  control  of 
cemetery. 


I'roprietorg  of 
lots  of  land  lo 
be  members  of 
association. 


Section  2.  Said  association  is  hereby  authorized  to 
take  possession  and  assume  legal  control  of  said  cemetery, 
and  may  acquire  by  gift,  bequest,  devise  or  purchase,  and 
may  hold,  so  much  personal  property  as  may  be  neces- 
sary for  the  objects  connected  with  and  appropriate  for 
the  purpose  of  said  association  :  provided,  that  nothing 
herein  contained  shall  affect  the  individual  rights  of  pro- 
prietors in  said  cemetery. 

Section  3.  All  persons  who  shall  become  proprietors 
of  lots  in  any  lands  acquired  by  said  association,  and  all 
persons  who  now  are  proprietors  of  lots  whether  l)y  deed 
or  otherwise  in  the  real  estate  mentioned  in  section  one  of 
this  act  shall  be  and  become  members  of  said  association, 
and  whenever  any  person  shall  cease  to  be  the  proprietor 
of  a  lot  in  the  lands  of  said  association  he  shall  cease  to  be 
a  niemljer  thereof 

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

Approved  May  18,  1S88. 


Chcin.370  ^^   -^^^  '^^  authorize  cities  to    indemnify  police   officers 

FOR    injuries    received   OR   EXPENSES   INCURRED   WHILE   ACTING 
AS   POLICE   OFFICERS. 


Cities  may 
indemnify 
jjolice  officers 
for  certain 
expenses  and 
damages. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Any  city  may,  in  its  discretion,  to  an 
amount  not  exceeding  the  amount  which  may  be  recom- 
mended by  the  board  or  officer  having  the  power  to  ap- 
point police  officers  in  such  city,  indemnify  a  poHce 
officer  for  any  expenses  or  damages  hitherto  or  hereafter 
by  him  sustained  while  acting  as  a  police  officer,  or  in- 
curred in  the  defence  or  settlement  of  any  suit  brought 
against  him  for  acts  done  while  so  acting. 

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

Approved  May  18, 1888. 


Proof  of 
probate  notices. 


ChCfp.3S0  ^^    ^^'^   RELATIVE   TO   THE   PROOF     OF   CERTAIN    PRORATE  NOTICES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  giving  of  the  notices  required  by 
section  one  of  chapter  one  hundred  and  thirty-two  and  b}'' 
section  twelve  of  chapter  one  hundred  and  thirty-four  of 
the  Public  Statutes,  may,  by  permission  of  the  proliate 
court  having  jurisdiction  of  the  matter,  after  satisfactory 
evidence  that  the  notices  have  been  given  as  ordered,  be 
proved  by  the  affidavit  of  persons  other  than  those  men- 


1888.  —  Chapter  381.  347 

tioned  in  chapter    one    hundred  and   forty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-eight. 

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

Approved  May  18,  1888. 

An  Act  to  amexd  an  act  entitled  an  act  to  authorize  the  ni^fjy.  QQ1 

INCORPORATION   OF  THE   MEIGS    ELEVATED   RAILAVAY   COMPANY.  "' 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     A  certificate  of  incorporation  of  the  Meigs  certificate  of 

-.  I'l  1  '  ^        J.  J.-  ^      incorporation 

elevated    railway  company  ma}"   he    issued  at  any  time  may  be  issued 
within  two  years  from  the  date  when  this  act  shall  take  years? 
efiect. 

Section  2.  The  amount  of  capital  stock  shall  not  be  capital  stock. 
less  than  two  hundred  thousand  dollars,  nor  less  than  one 
hundred  thousand  dollars  for  each  mile  of  road.  When 
ten  per  cent,  of  said  stock  is  paid  in,  a  certificate  of 
incorporation  shall  be  issued,  and  the  whole  capital  stock 
shall  be  paid  in  in  cash  before  the  construction  of  the  road 
shall  be  commenced. 

Section  3.     Section  four  of  chapter  eighty-seven  of  the  Railroad 

.  /.     .1  "ij  1  11  i'Ij/"  •      coramissioners 

acts  ol   the  year  eighteen    hundred    and   eighty-iour    is  to  certify  that 
hereby  repealed  and  the  following  sulistituted  therefor  : —  to^cunstrucuoi" 
Said  railway  shall  not  be  open  for  public  use  until  the  |?orapned\vith 
board  of  railroad    commissioners,  after  an  examination,  before  road  is 

.  \  .  -.         .  4    opened  to 

certifies  that  all  laws  relating  to  the  construction  ot  said  public  use. 
road  have  been    complied  with,   and  provided  that  the 
opinion  of  said  board  on  matters  of  law  may  be  revised 
by  the  supreme  court  on  petition,  and  that  it  appears  to 
be  in  a  safe  condition  for  operation. 

Section  4.  Section  seven  of  chapter  eighty-seven  of  ^™^°^^g^°*  ^'^ 
the  acts  of  the  year  eighteen  hundred  and  eighty-four  is 
hereby  amended  to  read  as  follows  :  —  Said  corporation, 
or  the  owner  of  an}'  property  taken  for  such  railway,  or 
of  any  property  abutting  on  streets  through  which  said 
railway  may  pass,  not  so  taken,  in  any  manner  injuriously 
atfected  or  lessened  in  value,  whether  by  smoke,  noise, 
obstruction  of  light,  air  or  access,  disturbance  of  quiet 
enjoyment  or  otherwise,  by  the  construction,  maintenance 
or  operation  of  said  railway,  may  petition  for  assessment 
of  the  damages,  and  the  petition  shall  ))e  heard  and  de- 
termined in  the  same  manner  and  with  like  elfect  as  now 
provided  by  law  when  real  estate  is  taken  for  public  high- 
ways. But  said  corporation  shall  not  acquire  title  to  any 
land,  nor  enter  upon  any  street,  until  all  damages  to  the 


318  1888.  —  Chapter  382. 

owners  of  land  and  abutters  on  any  part  of  the  street 
occupied,  or  to  be  occupied,  l)y  its  structure  have  been 
paid  or  secured  in  a  manner  satisfactory  to  the  owner,  or 
to  be  fixed  by  the  superior  court  or  any  justice  thereof 
sitting  in  equity  for  the  county  where  the  land  lies,  upon 
the  petition  of  either  party  and  summarj^  hearing.  And 
the  erection  of  the  structures  authorized  by  this  act  in  any 
street  shall  l)e  deemed  a  new  servitude,  for  which  damages 
may  be  claimed  by  any  owner  of  land  having  a  fee  or 
an  easement  appendant  or  appurtenant  to  his  land,  in,  on, 
or  over  such  street,  or  by  any  tenant  of  such  owner.  But 
all  persons  claiming  interests  in  the  same  estate  shall  join 
in  one  petition.  And  such  petition  for  damages  on  any 
street  shall  be  filed  before  the  expiration  of  one  year 
after  the  structures  authorized  by  this  act  are  built  or 
operated  in  that  part  of  such  street  contiguous  to  the 
petitioner's  estate. 
Repeal.  SECTION  5.       All  acts  and  parts  of   acts  inconsistent 

herewith  are  hereby  repealed. 

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

Approved  3fay  18,  1S88. 


C/m2):3S2 


An  Act  for  the  fixal  determixatiox  of  contests  coxcern- 
ixg  the  appoixtjient  of  electors  of  presidext  axd  vice- 
presidext  of  the  uxited  states. 

Be  it  enacted,  etc.,  as  follows : 

Electors  of  Section  1.       Scctiou  thirteen  of  chapter  nine  of  the 

president  and        -r-,,1.0  -ii  11  ^  i 

vice  president,  i^ublic  Statutcs  IS  hereby  amended  so  as  to  read  as 
p."s^"9,'§  13.  °  follows  :  —  Section  13.  The  governor  and  council  shall 
within  ten  days  after  the  votes  for  electors  have  been 
transmitted  to  the  secretary  of  the  Commonwealth,  as 
Proclamation  to  providcd  in  tlic  preceding  section,  open  and  examine  such 
be  made.  rctums  and  count  the  votes  and  declare  by  proclamation 

to  be  printed  in  at  least  one  newspaper  in  each  county  of 
the  Commonwealth,  the  names  of  the  several  persons  who 
have  received  not  less  than  one-fifth  of  all  the  votes  cast 
and  the  number  of  votes  received  by  each  person  and  the 
several  persons  who  have  received  the  highest  number  of 
votes  so  returned  and  Avliose  election  shall  not  have  been 
contested  and  notice  of  such  contest  given  to  the  governor 
within  fourteen  days  of  the  date  of  such  proclamation  shall 
be  deemed  and  taken  to  ))e  elected  and  the  governor  shall 
thereupon  transmit  to  each  person  so  chosen  a  certificate 
of  his  election. 


1888.  —  Chapter  382.  349 

Section    2.       Section  fifteen    of  chapter  nine   of  the  Amendment  to 

,      ,  P.  !S,  9    S  15 

Pul)lic  Statutes  is  hereby  amended  by  striking  out  the 
words  "  Tuesday  preceding  the  first  Wednesday  of 
December '"  and  substituting  therefor  the  words :  — 
Saturday  preceding  the  second  Monday  in  January. 

Section  3.     Section  sixteen  of  said  chapter  is  hereby  Amendment  to 
amended  by  strilving  out  the  words  "first  Wednesday'  of    '   "  ' 
December  "  and  inserting  in  phice  thereof  the  words  :  — 
second  Monday  in  January. 

Section  4.     Any  person  who  by  the  proclamation  of  |['^fj^^°°7m°e-''"* 
the  jjovernor  as  hereinbefore  provided  appears  to  have  re-  *^^^^  ^^  ^o^^s 

•         1  1  1  /»|.i/'i  •  1  ''**'  may  apply 

ceived  not  less  than  one-ntth  ot  the  votes  cast  in  an  elec-  to  supreme 
tion  for   electors  of  president  and  vice-president  of  the  fc"uftoi'k  toTe  al" 
United  States  may  apply  to  the  supreme  judicial  court  in  ^''"''^'^  elector. 
the  county  of  Sutlblk  for  a  declaration  of  his  election  as 
elector. 

Section  5.     Such  application  shall  be  made  l)y  petition  Petition  to  be 
in  writing  to  be  filed  Avithin  seven  days  from  the   date  of  seveirdLja" 
the  proclamation  provided  for  in  section  one  of  this  act.  pi°ochfma'tion. 
The  petition  shall  set  forth  the  names  of  the  person  or 
persons  whose  election  is  contested  and  the  grounds  for 
such  contest.     The  petitioner  shall  upon  filing  such  peti- 
tion and  before  any  proceedings  are  had  thereon,  recognize 
to  the  Commonwealth  in  such  sum  and  with  such  sureties 
as  the  court  shall  order  to  pay  all  costs  incurred  in  the 
prosecution  of  such  petition,  in  case  he  shall  not  prevail 
in  the  same. 

Section  6.     Upon  the  filing  of  said  petition  and  the  Notice  to  be 
giving  of  the  said  recognizance  the  said  court  shall  order  goN^JJuor  and  to 
due  notice  of  the  petition  to  be  given  in  such  manner  as  ^^^  person? 

t  .     1         >^  whose  elect. -- 

it  may  direct  to  the  governor  of  the  Commonwealth  and  a«e  contested. 
to  the  person  or  persons  whose  elections  are  contested, 
said  notice  to  be  published  in  such  newspapers,  being  at 
least  one  in  each  county  of  the  Commonwealth,  as  the 
court  shall  order.  Such  notice  shall  contain  a  short  state- 
ment of  the  substance  of  the  petition  and  shall  designate 
the  day  fixed  by  the  court  for  the  hearing  of  the  same  which 
day  shall  be  not  less  than  three  nor  more  than  seven  days 
from  the  filing  of  the  petition. 

Section  7.     At  the  day  fixed  for  the  hearing  the  peti-  Petitioner  to 

^  o  1  ai>pt*ar  and 

tioner  shall  appear  and  produce  his  evidence  and  the  per-  produce 

^  ^  1  1       J.'  •  1^1  evidence,  and 

son  or  persons  whose  election  is  contested  may  appear  person  whose 
and  produce  evidence  on  their  part.  Either  party  may  clTiuested^nay 
appear  himself  or  by  his  authorized  agent  or  attorney  and  app^"'- 


lOUS 


350  1888.  — Chapter  382. 

no  other  person  shall  be  entitled  to  l)e  made  a  party  to  the 
proceedings  on  such  petition  or  to  l)e  heard  personally  or 
by  counsel  thereon,  provided  that  if  more  than  one  peti- 
tion be  pending  or  more  than  one  election  be  contested, 
the  court  may  order  the  cases  to  be  heard  together  or 
apart  as  in  its  judgment  may  seem  best. 
^°"'"**?     „  Section  8.     The  court  shall  thereupon  hear  the  case 

determine  all  -x    ^        ^^        -i  •  n  •  i>i  /• 

questions  of  or  cascs  and  nnally  determme  all  questions  ot  law  or  tact 
invoh'eu!'^  iuvolved.  Tlic  burdcu  of  proof  in  every  case  shall  be 
upon  the  petitioner  and  the  hearing  shall  be  confined  to 
the  grounds  stated  in  the  petition  which  shall  not  be 
amended  after  it  has  been  filed.  No  ex  parte  affidavit 
shall  be  competent  evidence  in  such  hearing.  No  person 
shall  be  excused  from  testifying  or  producing  papers  or 
documents  on  the  ground  that  such  testimony  or  produc- 
tion will  tend  to  criminate  himself:  jjrovidf-d,  that  no 
person  so  testifying  shall  be  liable  to  any  suit  or  prosecu- 
tion civil  or  criminal  for  any  matters  or  causes  in  respect 
of  which  he  shall  be  so  examined  or  to  which  his  testimony 
shall  relate.  The  coui't  shall  have  the  same  powers  to 
compel  the  attendance  of  witnesses  which  it  now  has  in 
suits  at  common  law,  and  nothing  in  this  act  shall  be  held 
to  limit  the  power  of  the  court  to  make  such  rules  and 
regulations  as  to  the  conduct  of  the  proceedings  as  it  may 
deem  proper  not  inconsistent  with  the  provisions  of  this 
act,  and  the  court  shall  have  all  powers  necessary  to  the 
complete  carrying  out  and  performance  of  the  authority 
conferred  upon  it  by  this  act. 
Court  to  Section  9.     The   court    shall    adjudge    in   each   case 

cil^e  which  which  of  the  parties  to  the  proceedings  is  entitled  to  the 
loathe  office!  "  office  of  clcctor,  and  shall  cause  such  adjudication  to  be 
entered  of  record  in  such  form  and  manner  as  it  shall 
direct,  and  shall  forthwith  certify  said  adjudication  to  the 
governor  of  the  Commonwealth  and  such  adjudication  so 
certified  shall  be  final  and  conclusive  that  the  person 
therein  stated  to  have  been  elected  is  duly  elected,  and 
the  governor  shall  forthwith  transmit  to  such  person  a 
certificate  of  his  election,  and  every  such  certificate  shall 
recite  that  it  is  issued  pursuant  to  an  adjudication  under 
this  act  referring  to  this  act  by  the  date  of  its  passage. 
If  petitioner  SECTION  10.     If  any  petitioner  shall  fail  to  duly  appear 

cutehis^pefr  and  prosecute  his  petition  against  any  person  who  has 
!.h°aii  LdliK?ge'  been  made  a  respondent  thereto  according  to  the  require- 
faiieu,\nu' shall  ineuts  of  this  act  and  of  such  rules  or  orders  as  the  court 


1888.  —  Chapter  383.  351 

shall  make,  the  court  shall  adjudge  that  he  has  so  failed  fSJ^Luion  to 
and  shall  cause  such  adjudication  to  be  entered  of  record  the  governor. 
in  such  form  and  manner  as  it  shall  direct,  and  shall 
forthwith  certify  such  adjudication  to  the  governor  of  the 
Commonwealth ;  and  the  same  shall  be  a  final  and  con- 
clusive bar  to  the  claim  of  the  petitioner  against  such 
respondent  as  fully  and  completely  as  if  such  claim  had 
been  heard  and  determined  on  its  merits,  and  the  governor 
shall  issue  his  certificate  as  provided  in  the  preceding 
section. 

Section  11.     The  costs  of  all  proceedings  under  this  ThecosM^haii 
act  shall  be  t;ixed  under  the  direction  of  the  court,  and  if  thernrecuouof 
more  than  one  case  is  heard  together,  the  costs  shall  ])c  ^•^'^«^°"'''- 
apportioned  under  the  same  direction  and  in  every  case  in 
which  the  petitioner  shall  not  finally  prevail,  the  costs  shall 
be  paid  by  him,  and  in  every  case  in  which  the  petitioner 
shall  finally  prevail,  the  costs  shall  be  borne  by  the  Com- 
monwealth, and  the  same  shall  be  paid  out  of  the  treasury 
of  the  Commonwealth  upon  the  warrant  of  the  governor 
and  council. 

Section  12.     The    final    hearing    and    determination  Final  hearing 
under  this  act  shall  be  by  a  majority  of  the  justices  of  "/ou  tf beT.yT 
the  court  but  any  single  justice  may  exercise  any  other  ™^J?;"^^y  °^ ''^'^ 
of  the  powers  given  to  the  court  by  this  act. 

Section  13.     All    periods  of  time  mentioned  in  this  periods  of  time; 
act  shall  be  reckoned  exclusive  of  the  day  from  which  ,.e°ckoned! 
they  begin  to  run  and  inclusive  of  their  last  day,  and 
Sundays  and  holidays  shall  be  included. 

Ajyjyroved  May  18,  188S. 

An  Act  to  pkovide  for  the  preparation  and  publication  of  (J/fnj^  QQQ 

SUPPLEMENTS   TO   THE   PUBLIC   STATUTES.  "^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  governor,  with  the  advice  and  con-  a  skilled 
sent  of  the  council,  may  appoint  some  skilled  person  who  ?,'ppo°nt"d  to^*" 
shall  |)rei)are  a  supplement  to  the  Public  Statutes,  con-  |'|X/,',VtoThe 
taining  the  general  laws  passed  since  the  enactment  of  the  i'u'jI'c  statutes. 
Public  Statutes  down  to  and  including  the  year  eighteen 
hundred  and  eighty-eight,  together  with  a  suitable  index 
thereof,    and    with    marginal    references   to    the   statutes 
affected  by  such  general  laws  and  to  the  decisions  of  the 
supreme  judicial  court  relating  to  them. 

Section  2.     The" compensation  for  the  services  herein  compensation 
provided  for  shall  be  fixed  by  the  governor  and  council,     thegol'^ernor^ 

and  council. 


352 


1888.  —  Chapter  384. 


Supplement  to 
be  stereotyped 
and  printed. 


Distribution. 


Copies  to  be 
offered  for  sale 
to  the  public. 


Section  3.  The  supiilement  herein  provided  for  shall 
be  stereotyped  and  printed,  and  the  first  edition  of  such 
supplement  shall  consist  of  two  thousand  copies,  and 
further  editions  thereof  may  be  printed  at  the  discretion 
of  the  governor  and  council.  In  said  printed  supplement 
shall  be  included  a  copy  of  the  table  of  changes  in  the 
Public  Statutes  and  statutes  subsequent  thereto,  as  pre- 
pared for  the  year  eighteen  hundred  and  eighty-eight 
under  the  authority  of  chapter  two  hundred  and  thirty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
two. 

Section  4.  Copies  of  such  supplement  shall  l)e  dis- 
trilmted  as  follows :  —  six  copies  to  the  clerk  of  the 
senate,  for  the  use  of  the  senate  ;  six  copies  to  the  clerk 
of  the  house  of  representatives,  for  the  use  of  the  house  ; 
six  copies  to  the  librarian  of  the  state  library,  for  use  in 
the  library ;  eighty  copies  to  the  sergeant-at-arms,  for  use 
in  the  various  committee  rooms  and  department  offices ; 
one  copy  to  each  member  of  the  general  court ;  and  one 
copy  each  to  the  following  officers,  persons,  and  socie- 
ties : — the  governor,  the  lieutenant-governor,  each  mem- 
ber of  the  council,  the  secretary  of  the  Commonwealth,  the 
treasurer  and  receiver-general,  the  auditor  of  accounts, 
the  attorney-general,  the  clerk  of  the  senate,  the  clerk  of 
the  house  of  representatives,  the  judges,  clerks,  and 
registers  of  the  judicial  courts,  the  registers  of  deeds,  the 
county  commissioners,  each  district  attorney,  and  the  law 
library  societies  in  each  county,  and  each  incorporated 
library  and  public  library  established  under  the  laws  of 
this  Commonwealth.  Further  copies  shall  be  offered  for 
sale  to  the  public  at  the  expense  of  the  paper,  presswork, 
and  binding,  and  public  notice  shall  be  given  of  the  price 
and  of  the  place  of  sale. 

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

Approved  May  18,  1888. 


Cha2?.SS4: 


Armory  com- 
missioners to 
be  appointed. 


An  Act  to  puovide   armories  for  the  Massachusetts  volun- 
teer MILITIA. 

Be  it  enacted,  etc.,  asfollotvs: 

Section  1.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  is  hereby  authorized  within  six  months 
from  the  passage  of  this  act,  to  appoint  three  persons, 
one  of  whom  shall  be  an  experienced  l^uilder,  Avho  shall 
be  designated  and  known  as  the  armory  commissioners. 


1888.  —  Chapter  384.  353 

Said  commissioners  shall  receive  such  compensation, 
while  engaged  in  the  service  of  the  Commonwealth,  as 
the  governor  and  council  shall  determine. 

Section  2.     Said  commissioners  shall  acquire  for  the  To  acquire  two 
city  of  Boston,  by  purchase  or  otherwise,  two   suital)le  Boston ,' and '" 
lots  of  land  in  ditferent  parts  of  the  city,  and  shall   erect  *^^'9f  oneacha 

1  _       _  -J  ^  suitable  armory 

on  each  lot  a  suitable  building  for  an  armory  capable  of  I'^iwiug- 
furnishing  accommodations  for  twelve  companies  of  in- 
fantry,  for  such   companies   of  artillery,  cavalry,   signal 
and  ambulance  corps  and   detachments  of  the  militia  and 
for  such  of  the  militia  headquarters  located  in  said  city, 
and  such  rooms  for  company,  battalion  and  regimental 
drill  and  the  care   of  state   property  as  they  may  deem 
necessary,   and   shall,   in  the   same  manner,   acquire,   in  Jo acquire  land 
each  city  in  which  two  or  more  companies  of  militia  are  annory'ili'each 
located,' a  suitable  lot  of  land,  and  erect  thereon  a  suit- ^t' mo,!;''coin-" 
able  building  for  an  armory  capable  of  furnishino^  accom-  pi"ii«8  are 
modations  for  as  many  companies  and  militia  headquarters 
and  detachments  of  the  militia  as  are  located  in  such  city, 
and  such  rooms  for  drills  and  care   of  state  property  as 
the   connnissioners  deem  necessary  :  provided,   however,  Proviso. 
that  no   land   shall  be  acquired  until  the   site  has   been 
approved  by  the  governor  and  council ;  and  no  building 
shall  be  erected  until  the    plans   thereof  have    been   so 
approved. 

Section  3.     The  said  commissioners  shall  cause  to  be  to  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  and  dis-  Jeg^s^lyo"' ""^ 
trict   in    wdiich    any    land    which    shall    be   taken    under  flescripiion  of 
authority  of  this  act  lies,  a  description  of  the  land  taken  the  land  taken. 
as  aforesaid,  as  certain  as  is  required  in  an  ordinary  deed 
of  land,  with  a  statement,  signed  by  the  commissioners, 
that  the  same  is  taken  for  the  city  in  which  it  is  situated, 
under  the  provisions  of  this  act ;  and  the  act  and  time  of 
tiling  thereof  shall  be  deemed  to  be  the  act  and  time  of 
taking  such  land,  and  to  be  sutlicient  notice  to  all  persons 
that  the  same  has  been  so  taken.     The  title  to  all  land  so  Tuietoiand 
taken  shall  vest  absolutely  in  the  city  in  Avhich  it  is  situ-  IheTity.^''"^'" 
ated  and  its  assigns  forever. 

Section  4.     The  said  commissioners  may,  by  agree-  commissioners 
ment  with  the  owner  of  any  land  taken  under  the  author-  ownJIwis'to^'^'* 
ity  of  this  act,  determine  the  value  thereof,  and,  if  they  ]ivui"i,",^toagree 
cannot  agree,  either  party  may  have  a  iury  to  determine  ''^''^'1"  i'"'''> 
such  value,  in  the  manner  provided  tor  the  determination  jmy- 
of  damages  for  land  taken  for  highways  in  the  same  city, 


dr>4: 


188^.  —  Chapter  384. 


Statement  of  the 
ninoiint  deter- 
mined to  be 
tilc<l  with  the 
auditor. 


Treasurer  to 
make  payment 


Scrip,  etc..  to 
be  issued  not 
exceeding  the 
amounts 
desianaled. 


on  petition  therefor  tiled  in  the  clerk's  office  of  the 
superior  court  for  the  county  in  which  the  land  lies, 
within  one  year  from  the  taking  of  the  land. 

Section  f).  Whenever  the  govevnor  and  council  shall 
file  with  the  auditor  of  the  Connnonwealth  a  statement 
showing  the  amount  determined  by  agreement  or  verdict 
as  the  value  of  any  property  purchased  or  taken  by  said 
commissioners,  the  auditor  shall  certify  such  amount,  and 
a  warrant  shall  be  made  therefor,  as  in  the  case  of  other 
lawful  payments  from  the  treasury  of  the  Commonwealth  ; 
and,  upon  the  execution  of  such  release  or  conveyance  as 
shall  be  prescribed  by  the  attorney-general,  the  treasurer 
shall  pay  to  the  party  in  interest  the  sum  to  which  he  is 
entitled,  as  aforesaid,  and  all  sums  necessary  therefor  are 
hereby  appropriated. 

Section  6.  To  meet  the  expenses  incurred  under  the 
preceding  sections,  the  treasurer  and  receiver-general 
shall,  with  the  approval  of  the  governor  and  council,  issue 
scrip  or  certificates  of  debt,  in  the  name  and  behalf  of  the 
Commonwealth,  and  under  its  seal,  to  an  amount  not  ex- 
ceeding the  amounts  designated,  as  hereinafter  provided, 
for  a  term  not  exceeding  thirty  years.  Said  scrip  or 
certificates  of  debt,  shall  be  issued  as  registered  bonds,  or 
with  interest  coupons  attached,  and  shall  bear  interest 
not  exceeding  four  per  centum  per  annum,  payable  semi- 
annually, on  the  first  day  of  .March  and  September  of 
each  year.  Such  scrip  or  certificates  of  debt  shall  be 
designated  on  the  face  as  Armory  Loan  ;  shall  be  counter- 
signed by  the  governor,  and  shall  be  deemed  a  pledge  of 
the  faith  and  credit  of  the  Commonwealth,  redeemable  at 
the  time  specified  therein  in  the  lawfid  money  -of  the 
United  States,  and  shall  be  sold  and  disposed  of  at  pul)lic 
auction,  or  in  such  other  mode  and  at  such  times  and  prices 
and  in  such  amounts,  and  at  such  rate  of  interest,  not 
exceeding  four  per  centum  per  aimum,  as  the  governor 
and  council  shall  dccjn  for  the  best  interest  of  the  state. 

Section  7.  The  treasurer  and  receiver-general  shall, 
on  issuing  any  of  said  scrip  or  certificates  of  debt,  estab- 
lish a  sinking  fund  and  apportion  thereto,  from  year  to 
year,  an  amount  sufficient  with  its  accunuilations  to  ex- 
Amount  re-  tinguish  the  debt  at  maturity.  The  amount  requii'ed  each 
h"t'e7e!.t%?c.^  to  year  to  pay  the  interest  and  sinking  fund  retjuiiements 
for  the  loan  contracted  for  such  armories  shall  be  included 
in  and  made  a  part  of  the  sum  charged  to  the  city  in 


Armory  T>oan. 


Sinking  fund  to 
be  established. 


be  iii'sessed  on 
city  in  whicli 
armory  is  built 


1S88.  — Chapters  385,  886.  355 

which  such  armory  is  located,  and  shall  1)e  assessed  upon 

it  in  the  apportionment  and  assessment  of  its  annual  tax  ; 

and  the  treasurer  and  receiver-general  shall  in  each  year 

notify  each  such  city  of  the   assessment,  which  amount  Amount  to  be 

shall  be  paid  by  such  city  into  the  treasury  of  the  Com-  time  of  pay-** 

monwealth  at  the  time  required  for  the  pa}' ment  of  its  tax?'  °*  '*''''*' 

state  tax,  and  after  said  debt  has  been  extinguished  no 

rent  shall   be   paid  for  the  use   of  said  armories  by  the 

Com  mon  wealth . 

Section  8.     When    said    armories,   or   any   of  them,  Armoiioswhen 
have  Ijeen  completed,  and  so  long  as  they  are   used   for  uZTrcwui-oiof 
armories,  they  shall  be  under  the  exclusive  control  of  the  "»« »dj»ia"t- 
adjutant-general,  under  the  orders  of  the  commander-in- 
chief,  and  all  expenses  of  the  care,  furnishing  and  repairs 
of  the  same  shall  be  paid  by  the  Commonwealth,  and  pro- 
vided for  in  the  annual  appropriation  for  the  militia. 

Section  9.     No  proceedings  shall  ^^e  had  and  no  ex-  Foregoing 
pense  incurred  for  the  acquiring  of  land  or  for  the  erect-  accepu^d'aiuf 
ing  of  a  building  for  an  armorv  in  any  city  under  the  "'"0'^>"  of  joan 
loregoing  sections  until  said  sections  have  been  accepted,  ciiy  before  pro. 
and  the  amount  of  the  loan  necessary  to  meet  the  expense  had.  " 
of  acquiring  the  land  and  erecting  the  armory  has   been 
designated  by  the  city. 

Section  10.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  May  18,  1888. 


An  Act  to  esta-Blisii  the  salary  of  the  secretary  op   the 
commonwealth. 


'  C/z«i>.385 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  secretaiy  of  the  Commonwealth  shall  f^^^'lf^^^^^ 
receive  a  salary  of  thirty-five  hundred  dollars  a  year  from 
aud  after  the  tirst  day  of  January  in  the  year  eighteen 
hundred  and  eighty-eight. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 
,  Approved  May  18^  1888. 


Chap,3SG 


An  Act  to  fix  tjhe  tenure  of  office  of   the    members  of 

THE    police   force   OF   THE   CITY   OF   IIOLYOKE. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     All  members  of  the  regular  police  force  of  Members  of 
the  city  of  Holyoke,  excepting  the  chief  of  police,  shall  tofce^oVdly^ 
be  hereafter  appointed  I)y  the  mayor,  subject  to  coniirma-  "LepuiSthe 
tiou  l)y  the  board  of  aldermen,  to  hold  office  durini>-  oood  cimf  to  i.oid 

,      ,  .  1  1  /u  r^    ft  olhee  during 

oeuavior;    and    such    omcers    may  be    removed    by    the  ss""'*  i''='"'^'"»- 


356 


1888.  —  Chapter  387. 


mayor  and  board  of  aldermen,  after  a  due  hearing,  for 
such  cause  as  they  may  deem  sufficient  and  shall  express 
in  the  order  of  removal. 

Sp:ction   2.     So  much  of  the   charter  of  the  city  of 
Ilolyoke  as  is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  etfect  upon  its  accept- 
ance by  the  city  council  of  said  city  by  concurrent  vote 
btfo^^  March  1,  ou  or  beforc  the  first  day  of  March  in  'the  year  eighteen 
****■'•  hundred  and  eighty-nine.  Approved  May  22,  1888. 


Uc'peal. 


To  take  effect 
vipou  acceptance 
liy  the  city 
council  on  or 


Mortgage  loan 
and  investment 
companies. 


Powers  and 
duties. 


CI) CIV  387   ^^   '^'^'^   ^^   RELATION  TO   MORTGAGE   LOAN   AND    INVESTMENT    COM- 
^   '  PANIES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Every  corporation  now  or  hereafter  estal)- 
lished  under  the  laws  of  this  Commonwealth  for  the 
special  purpose  of  negotiating  or  making  loans  of  money 
secured  by  deed  of  trust  or  mortgage  of  real  estate  situ- 
ated outside  of  this  Commonwealth,  may  exercise  and 
enjoy  all  the  powers,  and  shall  be  governed  by  the  pro- 
visions and  be  subject  to  the  duties,  restrictions  and 
liabilities  prescribed  in  this  act  and  any  acts  which  may 
hereafter  be  passed  in  amendment  or  lieu  thereof.  All 
such  cor})orations  heretofore  chartered  shall  continue  to 
exercise  and  enjoy  their  powers  and  privileges  according 
to  their  respective  charters,  and  shall  be  subject  to  all  the 
liabilities  imposed  by  the  same,  except  so  far  as  said 
powers,  privileges  and  liabilities  are  moditied  and  con- 
trolled by  the  provisions  of  this  act. 

Section  2.  P^very  such  corporation  may  make  loans 
of  money  secured  by  deed  of  trust  or  mortgage  of  real 
estate  situated  in  any  state,  other  than  this  Common- 
wealth, or  territory  of  the  United  States  to  an  amount  not 
exceeding  fifty  per  cent,  of  the  ap})raised  value  of  said 
proi)erty  ;  but  no  loan  shall  be  nuide  on  any  property 
subject  to  a  prior  mortgage,  encumbrance  or  lien.  Every 
such  corporation  may  also  hold,  sell  and  assign  the 
bonds,  notes,  mortgages  and  securities  taken  for  such 
loans  ;  may  guarantee  the  payment  of  the  interest  and 
principal  of  any  l)onds,  notes  or  other  evidences  of  debt 
secured  as  aforesaid,  and  may  guarantee  the  title  to  the 
property  securing  such  evidences  of  debt  for  the  time 
such  debt  remains  unpaid:  provid'd,  that  nothing  con- 
tained in  this  act  shall  l)e  construed  as  authorizing  such 
corporations  to  engage  in  the  business  of  title  insurance. 


May  loan 
money  secured 
by  de.d  of 
trust  or  mort- 
gage of  real 
estate  situated 
outside  of  Ibis 
state. 


rroviso. 


1888.  — CiiAPTEii  387.  357 

Sectiox   3.     Every  such    corporation    may    purchase,  May  purchase, 
hold,  guarantee,  sell  and  assign  notes  or  bonds,  and  the  notes'or'rond" 
mortgages  or  deeds  of  trust  securing  the  same,  or  other  e"c','^ecurrifg*' 
papers  securing  any  loan  made  by  any  individual,  firm,  theaame. 
corporation  or  association,  provided  such  loan  shall  have 
been  made  in  accordance  with  the  conditions  under  Avhich 
such  corporations  can  make  loans,  as  prescribed  in  section 
two  of  this  act. 

Section    4.     Every    such    corporation    may    receive  May  receive 
money  from  any  individual,  tirm,  corporation  or  associa-  hlvestme'ut. 
tion,  for  investment  in  the  securities  which  such  corpora- 
tions are  by  this  act  authorized  to  sell  or  issue,  and  may 
allow  interest  on  such  money  from  the  time  of  its  receipt 
to  the  time  of  its  investment  as  aforesaid,  at  such  rate  as 
may  be  agreed  upon  ;  may  receive,  care  for,  manage  and  .i^j'^fVJjf""^® 
sell  stocks,  bonds  and  evidences  of  debt,  the  avails  of  stocks,  etc. 
which  are  intended  for  investment  as  aforesaid.     No  such  Not  to  receive 

.  ,  .  inoiiey  on 

corporation  snail   receive    money  on    deposit,  except    as  aeposit. 
hereinbefore  provided,  or  engage  in  any  form  of  banking 
or  trust  business  other  than  as  permitted  by  the  terms  of 
this  act. 

Section  5.     Every  such  corporation  may  act  as  airent  May  act  aa 

*j  L  »/  ~  iifciit  tor 

for  the  purpose  of  foreclosing  mortgages  and  collecting  foreclosing 

claims  arising  by  reason  of  any  evidence  of  debt  dej^osited  '"°'  ^''°°'*' 

with  it  under  the  provisions  of  section  four  of  this  act ; 

may  purchase  real  estate  at  any  pulilic  auction  sale  thereof  J;Jafe^"ue''ar 

made  by  virtue  of  the  power  contained  in  any  deed  of  p»i*iic  auction. 

trust  or  mortgage  owned,  held  or  guaranteed  l)y  it,  or  at 

a  private  sale  thereof  made  for  the  purpose  of  cancelling 

the  debt  secured  by  any  such  deed  of  trust  or  mortgage  ; 

may  hold,  sell,  transfer  and  convey  said  property:  j^^'O-  Proviso. 

vtded,  all  real   estate  purchased   or  acquired   under  the 

provisions  of  this  section  'shall  be  sold  within  live  years 

after  such  purchase  or  acquisition. 

Section  6.  Every  such  corporation  may  issue  deben- May  issue 
tures  or  bonds,  to  secure  the  payment  of  which,  such  bomi"!""^*""^ 
corporation  shall  from  time  to  time  assign,  transfer  and 
set  over  to  trustees,  none  of  Avhom  shall  be  officers  of  the 
corpoiation,  or  to  a  trust  company  established  under  the 
laws  of  this  Commonwealth,  deeds  of  trust  or  mortofaires 
ot  real  estate  on  which  loans  have  been  made  in  accord- 
ance with  the  provisions  of  this  act,  to  be  held  by  such 
trustees  or  company  in  trust  for  the  benefit  of  the  holders 
of  said  debentures  or  bonds,  whereupon  such  trustees  or 


358  1888.  —  Chapter  387. 

company  shall  endorse  their  or  its  certificate  of  such  fact 
u|)on  debentures  or  bonds  not  exceedino-  in  amount  the 
face  value  of  securities  so  transferred  to  them  or  it. 
Total  amount  of       Sectiox  7.     The  total  auiouut  of  mortgajies  o-uaranteed 

clcbontiircs,  etc.  "    "        *~' 

isMied  not  to   "  aud  of  debcutures  or  bonds  issued  by  any  such  corporation 

exceed  ten  times      i      ii       i  ..•  i        •  i-   j.  ^  •  xi  ^        /• 

amount  of         shall  at  no  tmie  he  in  excess  oi  ten  times  the  amount  oi 

capital  stock,      j^^  capital  stock  actually  paid  in  and  its  surplus. 

Bonds,  notes,  Section  8.     All  bouds,  uotcs  and  other  evidences  of 

ptc,  to  be  pjiv- 

able  at  principal  debt  takcu  liy  sucli  corporatiou  for  money  loaned  shall  be 
bul'ine^ss  in  payable  to  such  corporation  at  its  principal  place  of  busi- 
this  state.  ^^^^^  witliiii  this  Commoiiwealth,  and  shall  pass  by  delivery, 

by  transfer  on  the  books  of  such  corporation  at  its  princi- 
pal  place  of  business  within  this  Commonwealth,   or  by 
certificate  of  its  transfer  agent  at  such  other  ])lace  as  it 
Transfers.         may  appoint.     Xo  transfer  except  on  the  l)ooks  of  the 
corporation  or  by  certificate  of  its  transfer  agent,  shall  be 
valid  unless  the  last  transfer  shall  have  been  to  bearer. 
A  complete  record  of  such  transfer  by  said  transfer  agents 
shall  be  forwarded  to  and  kept  at  the  principal  place  of 
business  of  such  corporation  within  this  Commonwealth. 
May  hold  cer-         Section  9.     Evcry   sucli   corporatiou   may    hold    real 
jn  this  state.       cstatc  withiii  this  Commonwealth  suitable  for  the  transac- 
tion of  its  business,  to  an  amount  not  exceeding  twenty-five 
per  cent    of  its  capital  actually  paid  in. 

xot  to  hold  any  SECTION  10.  No  such  corpoiatiou  shall  be  the  pur- 
share  of  Its  own      ,  111  f  f     ^  ^  /••  -i 

capital  stock,      chaser  or  holder  ot  any  ot  the  shares  ot  its  own  capital 

uuess,  ec.        g^ock,  uiilcss  sucli  pui'chase  shall  be  necessary  to  prevent 

loss  upon  a  debt  previously  contracted  in  good  faith  ;  and 

stock  so  purchased  shall,  within  six  months  from  the  time 

of  its  purchase,  be  sold  or  disposed  of  at  public  or  private 

sale. 

Liahiiityof  Section  11.     The  shareholders  of  every  such  corpora- 

shareholders.       .,  ,         ...  «  .       -."^  ' 

tion  shall  be  held  individually  liable  in  the  same  manner 

and  to  the  same  extent,  and  not  otherwise,  as  stockholders 
of  manufacturing  corporations  are  or  may  be  held  liable 
under  the  laws  of  this  Commonwealth.  The  provisions 
contained  in  sections  sixty-two  to  sevent^^-one  inclusive 
of  chapter  one  hundred  and  six  of  the  Public  Statutes 
shall  a})ply  to  and  regulate  the  enforcement  of  this  liability. 
Guaranty  fund.  SECTION  12.  Evciy  such  Corporation  shall  set  apart 
as  a  guarant}'  fund  a  sum  not  less  than  five  per  cent,  of 
its  paid  in  capital,  and  shall  thereafter  annually  add  there- 
to a  sum  not  less  than  ten  per  cent,  of  its  net  earnhigs, 
until  such  fund,  with  the  accumulated    interest  thereon, 


18S8.  — Chapteh  387.  359 

shall  be  equal  to  not  less  than  twenty-five  per  cent,  of  its  paid 
in  capital.  Said  fund  shall  be  invested  in  United  States  invfstment  of 
bonds  ;  English  consols  ;  first  mortgag-e  bonds  of  any  rail-  ^"""""^y 
road  corporation  which  has  paid  a  dividend  on  its  stock 
for  at  least  three  years  next  preceding  the  date  of  said 
investment ;  in  the  legally  authorized  bonds  for  municipal 
l)urposes  of  any  city  of  the  United  States  of  not  less  than 
thirty  thousand  inhabitants  whose  whole  indebtedness 
shall  not  exceed  five  per  cent,  of  its  last  assessed  valuation  ; 
or  in  any  securities  in  which  savings  banks  of  this  Com- 
monwealth are  allowed  to  invest. 

Skctiox  13.     The   books    of  every    such   corporation  Books  to  be 
shall  at  all  reasonable  times  be  open  for  inspection  to  the  ".Sg^pection  to 
stockholders  and  to  all  holders  of  bonds  and  debentures  stockholders. 
issued  hy  such  corporation,  or  of  notes  and  other  evi- 
dences of  debt  guaranteed  by  such  corporation. 

Section  14.     The  commissioners  of  savings  banks  shall  o°g'^"/^*'""''" 
have  access  to  the  vaults,  books  and  ijapers  of  every  such  banks  to  have- 

,.,,,,  I'l  •  .  •  suporvision 

corporation  ;  and  it  shall  be  their  duty  to  inspect,  examine  oc  affairs. 
and  inquire  into  its  affairs  and  take  ])roceedings  in  regard 
to  them  at  such  times  as  they  shall  deem  necessary,  in  the 
same  manner  and  to  the  same  extent  as  if  such  corpora- 
tion was  a  savings  bank,  subject  to  all  the  laws  which  are 
now  or  hereafter  may  be  in  force  relating  to  such  institu- 
tions in  this  regard  -.jn'ovided,  however,  said  commissioners  Proviso. 
may  cause   any  examination  to  be  made  by  an  expert 
under  their  direction  but  at  the. expense  of  the  corpora- 
tion.    Every  such  corporation  shall  annually,  within  ten  corporation  to 
days  after  the  last  l)usiness  day  of  October,  make  a  return  Hsh  .Annual'" ' 
to  said  commissioners,  which  return  shall  be  in  the  form  '■''"^"'""• 
of  a  trial  balance  of  its  books,  and  shall  specify  the  differ- 
ent 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  such  annual  returns  shall  be  published  in  a  newspaper 
of  the  city  or  town  where  such  corporation  is  located,  at 
the  expense  of  such  corporation,   at  such  times  and  in 
such   manner  as  may  be  directed  by  said  commissioners. 
Said  commissioners   shall   annually    make  report  to    the  comnissioners 
general  court  of  such  facts  and  statements  respecting  such  ,uimi;'ii  npr.itio 
corporations  and  in   such  forms  as  they  deem  that  the  ^oun!'""''' 
public  interest  requires. 

Section  15.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  22,  1SS8. 


3G0 


1838.— CiiAPTEi^s  388,  389. 


ui)On  p:iyineiit 
of  priiici|);il 
lioiro\v((l  anil 
interest  at 
cighU't'ii  per 
cent.,  etc. 


Chap.'68S   -^^   -^^"'^   \iEL\TlVE  TO   THE   DISCHARGE   OF   SMALL    LOANS   AND   THE 
REDEMPTION   OF   THE   SECURITY   GIVEN   FOR   SUCH   LOANS. 

Be  it  enacted,  etc.,  as  follows : 

thTn"onr '*^**  Section  1,  All  louns  hereafter  contracted,  for  less 
thousand  dollars  tliaii  oiic  thousaiid  dolhu's,  shall  ])e  dischargeable  by  the 
debtor  upon  payment  or  tender  of  the  principal  sum 
actually  borrowed  and  interest  at  the  rate  of  eighteen  ])er 
centum  per  annum,  from  the  time  said  money  was  bor- 
rowed, together  with  a  sum,  for  the  actual  expenses  of 
making  the  loan  and  securing  the  same,  not  exceeding 
ten  dollars,  provided  that  the  lender  shall  be  entitled  to 
interest  for  six  months  at  said  rate  when  the  debt  is  paid 
l)efore  the  ex})iration  of  that  period.  And  all  payments 
in  excess  of  said  rate  shall  be  applied  to  the  discharge  of 
the  principal  and  the  borrower  shall  only  be  obliged  to 
pay  or  tender  the  balance  of  the  principal  and  interest,  at 
Repeal.  Said  Tatc,  duc  after  such  application.     All  acts  and  parts 

Proviso.  of  acts  inconsistent  herewith  are  hereby  repealed :  pro- 

vided, that  nothing  in  this  act  shall  be  construed  to  affect 
any  loan  made  at  a  less  rate  than  at  the  rate  of  eighteen 
per  centum  per  annum,  nor  shall  it  be  con.strued  to  repeal 
so  much  of  section  three  of  chapter  seventy-seven  of  the 
Public  Statutes  as  provides  that  when  there  is  no  agree- 
ment for  a  different  rate  the  interest  of  money  shall  be  at 
the  rate  of  six  dollars  upon  each  hundred  dollars  for  a 
year. 

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

Approved  May  22,  1888. 


Char)  389   "^^    ^^^  '^'^  provide  for  an  ADDITIONAL  OFFICER  ON   THE  DISTRICT 

POLICE   FORCE. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  governor  may  appoint  one  district 
police  oiEcer  in  addition  to  the  number  now  authorized 
by  law :  provided,  that  the  whole  district  police  force 
shall  not  exceed  twenty-three  men. 

Section  2.  The  chief  of  the  district  police  shall,  upon 
said  appointment,  detail  an  officer  for  duty  under  the 
direction  of  the  commissioners  on  inland  fi.sheries. 

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

Apjiroved  3fay  22,  1888. 


District  police 
officer  may  be 
appointeJ. 


One  oflioer  to  be 
detailed  tor 
coniniissionerg 
on  itdand 
lisheries. 


1888.  —  CiTAPTEr.  390.  361 


An  Act  to  amend  and  codify  the  statutes  relating  to  the  (7^^n.390 

COLLECTION   OK   TAXES. 

Be  it  enacted,  etc.,  as  f  Hows: 

Sectiox  1.     Every  collector  of  taxes,  constable,  sheriff,  ^olject'taxes 
or  dei)uty-sheriff,  receivino-  a  tax-list  and  warrant  from  the  ■'!=f^°;£'"s ^° *'''' 
assessors,  shall  proceed  to  collect  the  taxes  therein  men- 
tioned, accordins:  to  the  warrant. 

Sectiox  2.  The  collector  shall,  as  soon  as  possible  after  collector  to 

.     .  ,.  ,  '  1  ,  iTi'i        make  out  and 

receivn\ii'  any  tax-list  and  warrant,  make  out  and  aistril)-  distribute 
lite  tax-bills  to  both  residents  and  non-residents,  show- 
ing the  taxes  assessed  njion  each  tax-payer ;  but  an  omis- 
sion to  make  or  distribute  tax-bills  shall  not  invalidate 
a  tax  or  proceedings  for  the  collection  or  enforcement  of 
the  same.     In  cities,  the  tax-bills  shall  state  the  residence  Taxbiiisfor 

...  ,  ••j1j_j.i  1  .,.  poll-tax  to  be 

ot  each  male  tax-payei-,  givmg  the  street  and  number  it  distributed  on 
possible,  and  the  tax-bills  of  i)ersons  assessed  for  a  poll-  fifteen'th'of 
tax  only  shall  be  distributed  on  or  before  the  fifteenth  day  September. 
of  September  of  the  year  in  which  the  tax  is  assessed. 

Section  3.     Every  collector  of  taxes  shall  enter  in  the  collector  to 
book  containino-  the   tax-list,  against  the  name  of  every  amoimi 
person  or  corporation    paying   any  money  to    such   col-  every  perBoi"^ 
lector,  the  total   amount*  received  from   such  person  or  ^*?,f,'a**t^ft(!l" 
c()ri)()ration,  specifyin":  in  relation   to   such   receipts  the  meuts,  etc., 

I  '       I  t'       l'  1  ^  allowed. 

following  particulars  so  far  as  the  same  may  be  applica-  ' 
bie,  viz.  :    abatements  allowed  ;  discount  allowed  ;  inter- 
est charged  ;   total  amount  received  ;  time  when  received. 

Sectiox  4.     Every  collector  of  taxes  shall  also  keep  a  to  keep  a  cash 
cash  book,  in  Avhich  he  shall  enter  as  they  are  received  all 
sums  paid  to  such  collector,  specifying  in  relation  to  such 
recei})ts  the  total  amount  of  tax  ;  abatements  allowed  ;  dis- 
count allowed ;  interest  charged  ;  total  amount  received  ; 
and  time  when  received.     Said  collector  shall  also  keep  to  keep  record 
a  record  of  the  date  and  amount  of  every  payment  and  amount  of  every 
disbursement  made  by  him,  and  to  whom  paid,  together  ?'»>'»«»*' "tc 
with    such    other  matters    as    any  city  or  town  may  re- 
quire. 

Section  5.     All  books  kept  by  any  collector  of  taxes  ||°°^"hp°,'jf 
by  virtue  of  any  provision  of  law  shall  be  furnished  at  the  cities  and  towns. 
expense  and  be  the  property  of  the  city  or  town  in  which 
such  collector  holds  office,  and  shall  at  all  reasonable  times 
be  open  to  examination  by  the  auditor  or  auditors  of  such  Books  to  be 


open  to  exam- 

such  city  or  town  to  make  examination  thereof, 


city  or  town  or  any  other  officers  or  agents  authorized  by  iuatiou 


362  1888.  —  Chapter  390. 

CoHecfovto  Section  6.     Every  collector  of  taxes  shall  make  return 

warrant  as"  °  ot'  liis  Warrant  with  his  tax-list  and  of  his  doings  thereon 
'requTre!^'"''"'"    ^^  ^i^^'^i  time  or  times  as  the  assessors  shall  require  the 

same,  in  writing. 
To  complete  Skction  7.     The  collcctor  shall,  unless  removed  from 

aithoii^b"torm  ofBcc  as  hereinafter  provided,  or  unless  his  tax-list  has  been 
exi)ired!  *^''*       transferred  to  his  successor  as  provided  by  law,  complete 

the  collection  of  taxes  committed  to  him,  although  his  term 

of  office  expires  before  such  coni])letion. 
To  demand  Section  8.     Collcctors    sliall,    before    distraining    the 

SrsuainLg!  ""^^^  goods  of  a  pcrsou  for  his  tax,  demand  payment  thereof 

from  such  person,  either  personally  or  at  his  usual  place 

of  abode,  if  to  be  found  within  their  precincts. 
May  be  directed       SECTION  9.    When  the  assessors  consider  that  the  credit 
menTwUhoiu'    ^f  a  pci'sou  taxcd  is  doubtful,  or  believe  that  he  is  about 
demand  when     to  Icavc  thc  statc,  they  may,  by  a  special  warrant,  direct 

credit  of  person      ,  /•        i        •    i   "       •   i  i  i  • 

is  doubtful,  etc.  the  coilcctor  torthwith,  without  demand  or  notice,  to  com- 
pel payment  by  distress  or  imprisonment,  Avhether  the  tax 
is  made  payable  immediately,  at  a  future  day,  by  instal- 
ments, or  otherwise. 
Person  claiming       Section  10.     If  a  pcrsou  claiuis  the  benefit  of  an  abate- 
to  exhibiTa"cer-  ment,  he  shall  exhibit  to  the  collector  demanding  his  taxes 
titicate.  jj  certificate  of  such  abatement  from  the  assessors  or  other 

proper  officer,  as  provided  in  chapter  eleven  of  the  Public 
Liability  for  Statutcs  ;  aiidshall  be  liable  to  pay  all  costs  and  officers' 
''°*'®'  fees  incurred  before  exhibiting  such  certificate. 

If  there  Is  an  Section  11.     If,  in  the  asscssors'  lists  or  in  their  war- 

name.'tax'^may  I'^ut  and  list  Committed  to  the  collector,  there  is  an  error 
person"""^"'' ''^  in  the  name  of  a  person  taxed,  the  tax  assessed  to  him 
intended.  may  be  colIcctcd  of  tlic  pcrsou  intended  to  be  taxed,  if  he 

is  taxable  and  can  be  identified  by  the  assessors. 

collection  by  distress. 

Collector  to  levy  Section  12.  If  a  pcrsoii  rcfuscs  or  ncglccts  for  fourtccn 
saie'^jr/^loods!'^  days  after  demand,  to  pay  his  tax,  the  collector  shall,  with- 
out unnecessary  delay,  levy  the  same  by  distress  or  seizure 
and  sale  of  his  goods,  including  any  share  or  interest  he 
may  have  as  a  stockholder  in  a  corporation  incorporated 
under  authority  of  this  Commonwealth,  and  exce[)ting  the 
Exceptions.  following  goods  t  —  The  tools  or  implements  neces.sary  for 
his  trade  or  occupation  ;  l)easts  of  the  plough  necessary  for 
the  cultivation  of  his  improved  land;  military  arms  ;  uten- 
sils for  house-keeping  necessary  for  upholding  life  ;  and 
bedding  and  apparel  necessary  for  himself  and  family. 


1888.  —  Chapter  390.  363 

Section  13.     The  collector  shall  keep  the  o;oods  clis- to  keep  goods 

,  ,  ,.1  ^  i?  1  i.   (Hstrained  tour 

trained,  at  the  expense  ot  the   owner,  tor  tour  clays   at  days  at  least 

1  .  T      1      11  •,!   •  1  iv  ii  •  II    and  to  sell  same 

least,  and  shall,  within  seven  days  alter  the  seizure,  sell  witinu seven 
the  same   hy  public  auction,  for  ])ayment  of  the  tax  and  ''''>''• 
charges  of  keeping  and  sale,  having  given  notice  of  the 
sale  by  posting  up  a   notification  thereof,  in  some  ])ublic 
-place  in  the  city  or  town,  forty-eight  hours  at  least  before 
the  sale. 

Skction  14.     The  collector  may  once  adjourn  such  sale  May  once  ad- 

•^  '',,.,     journ  such  sale. 

for  a  time  not  exceeding  three  days  ;  he  shall  forthwith 
give  notice  of  such  adjournment  by  posting  a  notification 
at  the  place  of  sale. 

Section  15.    The  seizure  of  a  share  or  other  interest  in  Seizure  of  a 

,  111-  •,!  m  V  share  or  other 

a  corporation  may  be  made  by  leaving  with  any  officer  of  interest  in  a 
the  corporation,  with  whom  a  copy  of  a  writ  may  by  law  corporation. 
be  left  when  the  share  of  a  stockholder  is  attached  on 
mesne  process,  an  attested  copy  of  the  warrant,  with  a 
certificate  thereon,  under  the  hand  of  the  collector,  set- 
ting forth  the  tax  which  the  stockholder  is  to  pay,  and 
that,  upon  his  neglect  or  refusal  to  pay,  the  collector  has 
seized  such  share  or  interest. 

Section  1G.     The  sale  of  such  share  or  interest  shall  be  Saieof  such 
made  in  the   manner    ])rescribed   by  law  for  the   sale  of  interest. 
goods  by  collectors  of  taxes  in  like  cases,  and  also  sub- 
ject to  the  provisions  of  sections  forty-eight  and  forty- 
nine    of  chapter    one    hundred   and    seventy-one    of  the 
Public  Statutes  respecting  sales  on  executions. 

Section  17.     If  the  distress  or  seizure  is  sold  for  more  ^o'"^*^™ 
than  the    tax  and  charges  of  keeping  and  sale,  the  col- 
lector shall  return  the    surplus  to   the  owner,  upon    de- 
mand, with  an  account  in  writing  of  the  sale  and  charges. 


BY    IMPRISONMENT. 

Section  18.     If  a  person  refuses  orneglects  for  fourteen  collector  may 
days  after  demand  to  pay  his  tax,  and  the  collector  can-  andVommit''^' 
not  find  sufficient  goods  upon  which  it  may  be  levied,  he  i"-^  to  prison. 
may  take  the  body  of  such  person   and   commit  him  to 
prison,  there  to  remain  until  he  pays  the  tax  and  charges 
of  commitment  and   imprisonment,  or  is  discharged   by 
order  of  law. 

Section  19.     When  the  collector  commits  a  person  to  to  give  to 
prison,  he  shall  give  the  keeper  thereof  an  attested  copy  atul^ted^copy "" 
of  the  warrant,  with  a  certificate  thereon,  under  the  hand  H'c  warrant. 


361 


1888.  —  Chapter  800. 


Oath  for  the 
relief  of 
poor  debtors. 


Liability  of 
collector. 


Collector  may 
require  aid. 


Penalty  for 
refusal. 


May  demand 
payment  fiora 
person  wher- 
ever found,  etc. 


of  the  collector,  setting  forth  the  sum  which  such  person 
is  to  ])!iy  as  his  tax,  with  the  cost  of  taking  and  commit- 
ing  him,  and  that  upon  his  having  neglected  payment 
for  fourteen  days,  or  otherwise,  as  the  case  may  he,  and 
for  want  of  goods  whereof  to  make  distress,  he  has  taken 
his  body. 

Section  20.  When  a  person  connnitted  to  prison  for 
the  non-payment  of  taxes  desires  to  take  the  oath  for 
relief  of  poor  debtors,  he  may  represent  the  same  to  the 
jailer;  and  the  jailer  shall  make  the  same  known  to  some 
magistrate  having  authority  to  examine  poor  debtors  ;  and 
the  magistrate  shall  thereupon  a[)point  a  time  and  ])lace 
for  the  examination  of  the  debtor,  and  shall  direct  the 
jailer  to  cause  the  debtor  to  be  present  at  the  same.  The 
notice  required  in  such  case  to  be  given  to  the  creditor 
may  be  given  to  either  of  the  assessors  or  to  the  collector 
by  whom  the  i)arty  was  committed.  And  the  assessors 
and  collector,  or  any  of  them,  may  appear  and  do  all 
things  which  a  creditor  might  do  in  case  of  arrest  on  exe- 
cution. And  if  the  person  so  committed  to  prison  for 
the  non-payment  of  taxes  is  unable  to  pay  the  same,  he 
shall  be  entitled  to  his  discharge  in  like  manner  as  per- 
sons committed  on  execution. 

Section  21.  If  such  person  is  discharged,  the  collector 
shall  be  liable  to  pay  the  tax  with  the  charges  of  impris- 
onment, unless  he  arrested  and  committed  the  party 
within  one  year  after  the  tax  was  committed  to  him  to 
collect,  or  unless  he  is  exonerated  therefrom  by  the  city 
or  town  to  which  the  tax  is  due. 

Section  22.  A  collector,  when  resisted  or  impeded  in 
the  exercise  of  his  otiice,  may  require  any  suitable  per- 
son to  aid  him  therein ;  and  if  such  person  refuses  to 
render  such  aid,  he  shall  forfeit  a  sum  not  exceeding  ten 
dollars. 

Section  23.  A  collector  may  demand  payment  from 
a  person  assessed  for  a  tax  Avherever  such  person  is  found  ; 
and  in  default  of  payment  for  fourteen  days  after  demand 
the  collector  may  forthwith  proceed  to  collect  the  tax  by 
making  a  distress,  or  by  commitment  of  such  jierson  to 
the  prison  of  the  county  where  he  is  found ;  or  the  col- 
lector may  is-ue  his  warrant  to  the  sheriti'  of  any  county 
or  his  deputy,  or  to  any  constable,  directing  them  to 
distrain  the  i)ropcrty  or  take  the  body  of  such  person, 
and  to  proceed  therein  in  like  manner  as  required  of  col- 


]888.  — Chaptek  390.  365 

lectors  in  like  cases.     The  warrant  shall  run  throughout  AVarrant  to  nm 
the  state,  and  any  officer  to  whom  it  is  directed  may  serve  tiiTsute!" 
it  and  apprehend  the  person  in  any  county. 

BY    SUIT    OR    DI8TRE88. 

Sectiox  24.     "When  a  person  assessed  for  a  tax,  either  Collector mny 

1  1  A    ^  1      ii  T  1       j_       ^       maintain  action 

on  real  or  personal  estate,  or  both,  dies  or  neglects  to  of  contract,  etc., 
pay  the  tax  for  three  months  after  it  is  committed  to  the  die^stoTbeUig^'^ 
collector,  or,  heing  an  unmarried  woman,  marries  before  "vo",'™''""*'^ 
payment    of    the    tax,    the    collector    may,    in    his    own  marries,  etc. 
name,  maintain  an  action  of  contract,  or  trustee  process 
therefor,  in  like  manner  as  for  his  own  debt. 

Section  25.     When  a  person  assessed  for  a  tax  dies  wawiity of 
or    becomes    insolvent   before    the    payment    thereof,    or  lidministrator 
when  a  tax  is  assessed    upon  the   estate    of  a    deceased  °'"  "^"^'s"*^*- 
person,  the  executor  or  administrator  or  assignee   shall, 
if  a  demand  has  been  made  upon  him  therefor,  forthwith 
upon  his  acquiring  any  moneys  applicable  to  the  payment 
of  the  tax,  pay  the  same,  and  in  default  shall  be  liable 
})ersonally  therefor,  as  for  a  tax  assessed  upon  him. 

Section  2G.     Whenever  personal  property  placed  in  Pergonal 
the  hands  of  a  corporation  or  an  individual  as  an  accumu-  In  hands  o^'^''^'' 
lating  fund  for  the  future  benefit  of  heirs  or  other  per-  eU'.^as'au"' 
sons   has    been    duly  assessed  to  such    heirs   or  persons  »"mu"iatiug 
according  to  the  provisions  of  clause  six,  section  twenty, 
of  chapter  eleven  of  the  Public  Statutes,  and  the  persons 
so  taxed  neglect  to  pay  the  tax  for  one  year  after  it  has 
been  committed    to  the  collector,  the  collector  may,    in 
his  own  name,  maintain    an    action  of  contract  therefor 
against  said  trustee,  in  like  manner  as  for  his  own  debt ; 
and   the    amount    thereof  paid    by   said  trustee    ma}'  be 
allowed  in  his  account  as  such  trustee. 

Section  27.     AAhen  a  person  is  taxed  for  real  estate  in  Person  taxed 
his  occupation,  but   of  which  he   is   not  the   owner,  the  in  wroccupa^ 
collector,   after  demand  of  payment,   may  levy  the   tax  Ihe'owner "**' 
by  distress  and  sale  of  the  cattle,  sheep,  horses,  swine,  t'^'''eof- 
or  other  stock  or  produce  of   such  estate,  belonging  to 
the  owner  thereof,  which  within  nine  months  after  such 
assessment  is  committed  to  him  shall  be  found  upon  the 
premises,  in  the  same  manner  as  if  such  stock  or  prod- 
uce were  the  property  of  the  person  so  taxed ;  but  such 
demand  need  not  be  made  if  the  person  on  whom  the  tax 
is  assessed  resided  within  the  precinct  of  the  collector  at 
the  time  of  the  assessment,   and  subsequently  removes 
therefrom  and  remains  absent  three  months. 


366 


1888.  — Chapter  390. 


Collector  may, 
before  making 
demand,  mail, 
etc.,  summuns. 


Charges  and 
fees  of 
Collector,  for 
diijUainl,  etc. 


Section  28.  AVheii  :i  tax  is  due  fi'om  any  person,  the 
collector  may,  before  making  a  demand  for  the  paj'ment 
thereof,  as  required  by  law,  mail  post  paid  or  cause  to  be 
delivered  a  sunnuons  to  such  person,  statino:  therein  the 
amount  due  and  that  unless  the  same  is  paid  within  ten 
days  with  twenty  cents  for  the  summons,  the  collector 
will  then  proceed  to  collect  the  same  according  to  law. 

Sectiox  29.  The  following  charges  and  fees  and  no 
other  shall  be  allowed  to  the  collector,  and  shall  be  added 
to  the  amount  of  the  tax  upon  a  distraint  of  goods,  or 
arrest  and  commitment :  — 

For  a  summons,  twenty  cents. 

For  making  a  written  demand,  twenty  cents. 

For  advertisement  of  sale,  fifty  cents. 

For  posting  notices  of  sale  in  one  or  more  public 
places,  twenty  cents. 

For  a  warrant  to  sheriff  or  constable,  fifty  cents. 

For  copy  of  warrant  under  section  fifteen  and  certifi- 
cate thereon,  one  dollar. 

For  removing  goods  distrained  and  keeping  the  same, 
the  actual  and  reasonable  cost  thereof. 

For  an  arrest  on  assessor's  warrant,  and  commitment  to 
prison,  the  fees  allowed  by  law  to  sheriffs  for  like  services. 


BY    SALE    OR    TAKING    OF    REAL    ESTATE. 

Taxes  on  real  Section  30.     Taxes  asscsscd  ou  real  cstatc,  includinar 

estate,  etc.,  to  .  ^  ^^  ^        .^ 

constitute  a  lieu  taxes  asscsscd  uudcr  sections  lourteen,  ntteen  and  six- 
teen of  chapter  eleven  of  the  Public  Statutes,  shall  con- 
stitute a  lien  thereon  from  the  first  day  of  May  until 
the  expiration  of  two  years  from  the  first  day  of  October 
of  the  year  in  which  said  taxes  are  assessed ;  and  may 
with  '.dl  incidental  costs  and  expenses  be  levied  by  sale 
thereof,  if  the  tax  is  not  paid  within  fourteen  days  after 
a  demand  of  payment  made  either  upon  the  person  taxed 
or  upon  any  person  occupying  the  estate  ;  when  taxes  on 
real  estate  are  assessed  to  the  heirs  of  a  deceased  person  or 
to  more  than  one  owner,  a  demand  made  upon  one  of  said 
heirs  or  owners  shall  be  sufficient,  but  the  collector  may 
sell  real  estate  for  taxes  after  the  two  years  have  elapsed, 
unless  the  estate  has  been  alienated  prior  to  the  giving 
of  the  notice  of  such  sale. 

Taxes  Section   31.     Taxes  re-assessed    on    real    estate   shal 

re-assessed  on  .  ,.  ,  c  ,^  •  •/•      i     •        ,i 

real  estate  to      coustitutc   a    lieu    tlicrcon    tor  the  time   specined  in  the 
Mnsiutea       preceding  section,  unless  the  estate  has    been    alienated 


18S8.  — Chapter  390.  367 

])etween  the  first  and  second  assessments ;  and  ma^'  l)e 
levied  as  provided  in  the  preceding  section. 

Section  32.     If  a  mortaas-ee  of  real  estate,  situated  in  collector  to 
the  })lace  of  his  residence,  previously  to  the  assessment  ment otmoit- 

,.       '  •  •  •  i  1       "^    1       1  !•  II  giigee  of  real 

ot  a  tax,  ones  written  notice  to  the  clerk  ot  such  place  estate,  before 
that  he  holds  a  mort<>aoe  thereon,  with  a  description  of  ^Jintfelc^" 
the  estate,  the  collector  before  proceeding  to  sell   it  for 
non-payment    of    taxes    shall    demand    payment   of    said 
taxes  of  the  mortgagee,  as  provided  in  section  .thirty. 

Sectiox  33.  If  a  mortgagee  or  non-resident  owner  of  j^^^;|{f°J^^^\°^® 
real  estate  jireviously  to  the  assessment  of  a  tax,  gives  a  attoruey. 
written  authority  to  some  inhabitant  of  the  place  as  bis 
attorney,  to  pay  the  taxes  imposed  on  such  estate,  and 
the  authority  is  filed  with,  or  recorded  by,  the  clerk  of 
the  place,  the  demand  of  payment  shall  be  made  upon 
such  attorney  before  the  estate  is  sold ;  otherwise,  no 
demand  need  be  made  of  payment  of  taxes  assessed  on 
the  real  estate  of  non-resident  owners. 

Section  34.     When    a    demand    is    made    upon    the  when  po  made 
attorney  under  the  jireccding  section,  the  collector  shall  twomouths. 
not  advertise  the  sale  of  the  lands  until  two  months  from 
the  time  of  such  demand. 

Section  35.     The  collector  shall  give  notice  of  the  time  To  publish 
and  place  of  sale  of  real  estate  for  payment  of  taxes,  by  and  time  of 'sale 
an    advertisement   thereof    three   weeks    successively'    in  °  "^'*  ^^^state. 
some  newspaper  published  in  the  city  or  town  where  the 
premises  to  be  sold  for  taxes  are  situated,  if  there  is  such 
newspaper,  and,  if  not,  then  in  a  newspaper  printed  in 
the    county  where  the  real  estate  lies  ;  the  last  publica- 
tion to  be  at  least  one  week  before  the  time  of  sale. 

Section  36.     The  advertisement  shall  contain  a  sub-  Advertisement 

^  to  contain  a 

stantially  accurate  description  of  the  several  rights,  lots,  substantially 
or  divisions  of  the  estate  to  be  sold,  the  amount  of  the  tax  description  of 
assessed  on  each,  the  names  of  all  owners  known  to  the  '''"'®''"^- 
collector,  and  the  taxes  assessed  on  their  respective  lands. 

Section  37.     The  collector  shall,  three  weeks  before  collector  to 

.  1  .  ..1  I  -111  post  notices. 

the  sale,  post  a  notice  similar  to  thnt  required  by  the  two 
preceding  sections  in  some  convenient  and  public  place 
in  his  precinct,  and  a  like  notice  on  the  premises  by  him 
advertised  to  be  sold,  if  any  part  thereof  is  bounded  by 
a  street,  lane,  court,  or  highway. 

Section  38.     When  real  estate  to  be  sold  under  the  jyace"i.asT,ee°/ 
provisions  of  this  act  is  situated  in  a  place   the  name  of  ehanged  by  law 

I  •  I    1        1  1  111  •  1  •       1  i.  ^^'>'i"»  "i"-'e 

which  has  been  chanu:ed  by  law  within  three  years  next  years. 


308 


1888. —Chapter  390. 


Competeut 
evidence  of 
doiiiand  and 
notilicalion. 


Sale  of  real 
e^*late,  etc., 
authorized, 
sutticieut  to 
discharge  taxes 
aud  charges. 


Collector  may 
require  a 
deposit  by  the 
purchaser. 


Charges  and 
fees. 


preceding  the  sale,  the  collector  shall  in  his  iiclvertise- 
ment  and  notices  of  the  sale  designate  such  place  by  its 
former  and  present  name. 

Section  39.  The  affidavit  of  a  disinterested  person,  or 
any  deputy  collector,  or  of  the  collector  who  maises  the 
sale  of  land  for  the  payment  of  taxes,  stating  the  demand 
of  the  payment  of  the  tax,  the  person  of  whom  and  the 
time  and  manner  in  which  it  was  made,  and  a  like  affi- 
davit of  the  posting  and  publishing  of  notitications  of  the 
sale,  with  a  copy  of  the  original  advertisement  thereto 
annexed,  and  tiled  and  recorded  within  three  months 
after  the  date  of  sale  in  the  registry  of  deeds  of  the 
county  or  district  where  the  land  lies,  shall  he  competent 
evidence  of  said  demand  and  of  the  notification. 

Sectiox  40.  If  the  taxes  are  not  paid  the  collector 
shall,  at  the  time  and  place  appointed  for  the  sale,  sell 
by  public  auction  so  much  of  the  real  estate,  or  the  rents 
and  profits  of  the  wdiole  estate  for  such  term  of  time,  as 
shall  be  sufficient  to  discharge  the  taxes  and  necessary 
intervening  charges ;  or  he  may  at  his  option  sell  the 
Avhole  or  any  part  of  the  land ;  and  after  satisfying  the 
taxes  and  charges,  he  shall  deposit  the  balance,  if  any, 
in  the  treasury  of  the  city  or  town  ;  and  such  city  or  town 
shall  pay  such  balance  to  the  owner  of  the  estate  upon 
demand.  The  collector,  may  in  his  discretion  at  such 
sale,  require  an  immediate  deposit  by  the  purchaser  of 
such  sum  as  he  shall  deem  necessary  to  insure  good  faith, 
in  part  payment  of  the  purchase  money,  which  deposit 
shall  not  exceed  the  amount  of  the  tax  and  the  costs  and 
charges  thereon  ;  and  if  he  fails  to  make  such  deposit 
forthwith,  the  sale  shall  be  void  and  the  estate  shall,  then 
and  there,  be  again  otiercd  for  sale. 

Section  41.  The  folloAving  charges  and  fees,  and  no 
other,  shall  be  allowed  to  the  collector,  and  shall  be  added 
to  the  amount  of  the  tax,  as  provided  in  the  preceding- 
section  :  — 

For  making  a  w'ritten  demand,  twenty  cents. 

For  preparing  advertisement,  fifty  cents. 

For  advertisement  in  newspaper,  the  actual  cost  of  the 
same. 

For  posting  up  notices  in  one  or  more  public  places, 
twenty  cents. 

For  posting  up  notices  on  each  piece  of  real  estate, 
twxnty  cents. 


1888.  —  Chapter  390.  309 

For  copy  of  notice,  and  the  publication  thereof,  and 
obtaining  aflSdavit  of  disinterested  person,  fifty  cents. 

For  recording  afiidavit  at  registry  of  deeds,  the  fees  of 
the  register. 

For  preparing  deed,  two  doUars. 

And  in  the  event  that  any  delinquent  tax-payer  offers 
to  pay  the  tax  before  the  day  of  sale  or  taking,  such 
charges  shall  be  added  to  the  tax  as  have  intervened  at 
the  time  of  said  ofter  to  pay. 

Section  42.     The  collector  may  adjourn  his  sale  from  collector  may 
lime  to  time  not  exceeding  seven  days  in  the  whole ;  and  frJn"timTto 
he  shall  give  notice  of  every  such  adjournment  by  a  pub-  exceetog  seven 
lie  declaration  thereof  at  the  time  and  place   previously  ^:l^o,e'' ''''^ 
appointed  for  the  sale. 

Section  43.  The  collector  shall  execute  and  deliver  to  to  execute  and 
the  purchaser  a  deed  of  the  real  estate  or  rents  and  profits  the'puVehater.  ° 
sold ;  which  deed  shall  state  the  cause  of  sale,  the  price 
for  which  the  estate  or  rents  and  profits  were  sold,  the 
name  of  the  person  on  whom  the  demand  for  the  tax  was 
made,  the  places  in  the  city  or  town  where  the  notices 
were  posted,  the  newspaper  in  which  the  advertisement 
of  the  sale  was  published,  and  the  place  of  residence  of 
the  grantee,  and  a  warranty  that  the  sale  has  in  all  par- 
ticulars been  conducted  according  to  the  provisions  of 
law ;  and,  if  the  real  estate  has  been  sold,  shall  convey, 
subject  to  the  right  of  redemption  provided  for  in  section 
fifty-seven,  all  the  right  and  interest  which  the  owner  had 
therein  at  the  time  when  the  same  was  taken  for  his  taxes. 
Such  deed,  to  be  valid,  shall  be  recorded  within  thirty  Deed  to  be 
days  from  the  day  of  sale.  recorded  wuhin 

-,  r ,.    .        .  1  1  thirty  days. 

Section  44.     it  it  should  subsequently  appear  that  by  in  case  of  error, 
reason  of  any  error,  omission  or  informality  in  any  of  the  tu^gil'{ls°eBs-'^' 
proceedings   of  assessment  or  sale,  the  purchaser  has  no  araou,^[^aid  b 
claim  upon  the  property  sold,  there  shall  be  paid  to  said  p"ichaser  lo  be 
purchaser,  by  the  city  or  town  whose  collector  executed  8urronder"o^f°° 
said  deed,  upon  his  surrender  and  discharge  of  the  deed  '''^'' 
so  given,  the   amount  paid  by  such  purchaser,  together 
with  interest  on  the  same  at  the  rate  of  ten  j)er  cent,  per 
annum,  which  payment  shall  be  in  full  satisfaction  of  all 
claims  for  damages  for  any  defects  in  the  proceedings  : 
provided,  the  said  purchaser,  within  two  years  from  the  pioviso. 
date  of  such  deed,  otfcrs  in  writing  to  surrender  and  dis- 
charge the  same,  or  to  assign  and  transfer  to  the  city  or 
town  all  his  right,  title  and  interest  therein  as  the  col- 
lector thereof  shall  elect. 


370 


1888.  —  Chapter  390. 


Kesident  pur- 
chaser of  real 
estate  sold  for 
non-payment  of 
taxes  to  tile 
statement,  etc., 
with  treasurer. 


Xon-resident 
purchaser  to 
appoint  an 
attorney  author- 
ized to  release 
such  real  estate. 


Lawful  tender 
to  and  service  of 
process  upon 
such  attorney 
deemed  to  be 
sufficient. 
Redemption  of 
real  estate. 


City,  town, 
collector  or 
treasurer  not 
liable  under 
provisions  of 
section  44, 
unless  deed 
contains  specific 
statement,  etc. 


Sectiox  45.  Every  person  acquiring  or  holding  title  to 
real  estate  under  a  sale  for  the  non-])ayment  of  any  tax 
or  other  assessment,  who  is  a  resident  of  the  city  or  town 
wherein  such  real  estate  is  situated,  shall  file  with  the 
treasurer  of  the  city  or  town,  and  with  the  register  of 
deeds  of  the  county  wherein  such  real  estate  is  situated, 
a  brief  statement  showing  his  place  of  residence  and  of 
business,  specifying  in  each  case,  if  practicable,  the  street 
and  the  number  in  the  street.  Every  person  acquiring 
or  holdina;  title  to  real  estate  as  above  who  is  not  a  resi- 
dent  of  the  city  or  town  wherein  such  real  estate  is  situ- 
ated, or  who  removes  from  such  city  or  town,  shall 
appoint  and  have  some  suital)le  agent  or  attorney  resid- 
ing therein  or  in  the  city  or  town  wherein  the  deed  of 
such  real  estate  is  recorded,  duly  authorized  to  release 
such  real  estate  in  accordance  with  the  provisions  of  law 
providing  for  such  cases,  and  shall  file  with  the  treasurer 
of  such  city  or  town  and  w^ith  such  register  of  deeds  such 
orig-inal  and  additional  statements  containing  the  name 
of  any  such  agent  or  attorney  and  his  place  of  residence 
and  of  business,  as  is  herein  required  in  the  case  of  resi- 
dent purchasers  or  holders  ;  and  whenever  such  person 
changes  his  place  of  residence  or  business,  or  his  attorney, 
a  new  certificate  as  above  shall  be  tiled. 

Section  46.  Any  lawful  tender  of  payment  to  and  ser- 
vice of  process  upon  such  agent  or  attorney  shall  be 
deemed  sufiicient  tender  to  or  service  upon  the  purchaser 
or  holder  of  such  real  estate  ;  and  if  upon  reasonable 
search  such  purchaser,  holder,  agent  or  attorney  cannot 
be  found  at  the  place  described  as  hereinbefore  provided, 
or  being  found  neglects  or  refuses  to  release  such  estate 
upon  the  terms  and  in  the  manner  provided  by  law,  or  if 
such  holder  or  purchaser  neglects  to  file  a  certificate  as 
required  by  the  preceding  section,  such  real  estate  may 
be  redeemed  in  the  manner  provided  in  sections  fifty- 
eight  and  fifty-nine. 

Section  47.  No  city  or  town  and  no  collector  or  treas- 
urer of  a  city  or  town  shall,  under  the  provisions  of  sec- 
tion forty-four,  pay  or  be  liable  for  the  amount  due  upon 
any  deed  therein  referred  to  or  for  any  part  thereof 
unless  the  off'er  of  the  holder  of  such  deed  contains  a 
specific  statement  of  the  reason  why  such  holder  has  no 
claim  on  the  estate  sold,  with  the  evidence  on  which  he 
relies ;    and  if  such   evidence  is   based  upon   any  public 


1888.  —  Chapter  390.  371 

record  or  upon  facts  shown  in  any  such  record,  the  state- 
ment above  required  shall  contain  a  specific  reference  to 
the  particular  instrument  relied  upon. 

Section  48.    If  at  the  time  and  place  of  sale  no  person  if  no  person 
appears  and  bids  for  the  estate,  or  for  the  rents  and  profits  bid  i^i'^estaie' 
thereof,    or   for  the   whole   or  any  part  of  the  land,   an  nlore  adjourn - 
amount  equal   to   the  tax   and    charo-es,   and  if  the   sale  juenu,  collector 

Jl  P  .  -      -      .       to  give  notice 

has  been   adjourned  one  or  more  times,  as  provided  m  that  he  has  pm- 
section  forty-two,  a  public  declaration  of  the  fact  shall  then  in  behalf  of' the 
and  there  be  made   by  the  collector ;    immediately  after  "'^  °*  "*^^"' 
which,  if  no  bid  equal  to  the  tax  and  charges  is  then  made, 
the  collector  shall   give  public  notice  that  he  shall,  and 
that  he  then  and  there  does,  purchase,  on  behalf  of  the 
city  or  town  by  which  the  tax  is  assessed,  the  said  estate 
in  one  of  the  forms  set  forth  in  section  forty ;   but  no  sum 
exceeding  the  amount  of  the  tax  and  the  incidental  costs 
and  expenses  of  levy  and  sale  shall    be  offered  by  him 
therefor  ;   and  the  same  shall  be  allowed  him  in  his  settle- 
ment with  such  city  or  town. 

Section  49.    If  after  the  sale  of  real  estate  for  the  pay-  if  purchaser 
ment  of  taxes  a  purchaser  thereof  fails  to  pay  the  collector  wuhin/en^days, 
within  ten  da3^s  the  full  sum  offered  by  him  and  to  receive  and  void!  and 
his  deed,  the  sale  shall  be  null  and  void,  and  the  city  or  city  or  town 

1      11     I         n  1  11  1  /»     1  deemed  pur- 

town  shall  be  deemed  to  be  the  purchaser  ot  the  estate,  chaser. 
according  to  the  provisions  of  the  preceding  section. 

Section  50.     When  the  city  or  town  becomes  the  pur-  Deed  to  set 
chaser,  the  deed  to  be  given  by  the  collector  shall,  in  addi-  nonappearance 
tion  to  the  statements  required  by  section  forty-three,  set  oj^pu'^c^a^'^'' 
forth  the  fact  of  the  non-appearance  of  a  purchaser  at  the 
sale  advertised  by  him,  or  of  the  preceding  sale  and  the 
failure  of  a  purchaser  to  pay  the  sum  offered,  as  the  case 
may  be,  and  shall  confer  upon  such  city  or  town  the  same 
rio'hts  as  belono-  to  an  individual  to  whom  such  a  deed 
may  be  given. 

Section  51.     Deeds  to  a  city  or  town  shall  l)e  placed  Deeds  to  a  city 
in  the  custody  of  its  treasurer,  to  whom  all  applications  placed  iu 
for  the  redemption  of  the  estate  so  sold  shall  be  made,  [j"^^*"'^^'" 
And  the  several  cities  and  towns  may,  as  holders  of  such 
deeds,  e-xercise  the  same  rights  and  perform  the  same  du- 
ties as  any  individual  purchaser  of  real  estate  taken  for 
taxes,  and  may  make  regulations  for  the  custody,  manage- 
ment and  sale  of  such  estates,  and  for  the  assignment  of 
the  tax  titles  thus  obtained,  not  inconsistent  with  law  or 
with  the  rio-ht  to  redeem  the  same. 


reasiirer. 


372 


1888.  —  Chapter  390. 


Collector  may- 
take  the  whole 
of  real  estate  if 
tax  or  assess- 
ment is  not  paid 
within  fourteen 
days  after 
demand. 


To  give  three 
weeks'  notice  of 
intention  to 
exercise  the 
power  of 
taking. 


Competent 
evidence  of 
demand  and 
notice. 


Statement  of 
the  cause  of 
taking,  etc. 


Charges  and 

fees. 


Section  52.  In  addition  to  the  power  to  enforce  the 
lien  for  a  tax  or  assessment  on  real  estate,  including  taxes 
assessed  under  sections  fourteen,  fifteen  and  sixteen  of 
chapter  eleven  of  the  Public  Statutes,  with  all  incidental 
costs  and  expenses  by  sale  thereof,  the  collector  shall  have 
])Ower  to  take  for  the  city  or  town  the  whole  of  the  real 
estate  taxed  or  assessed,  if  the  tax  or  assessment  is  not 
paid  within  fourteen  days  after  a  demand  of  payment 
made  as  required  by  sections  thirty,  thirty-two  and  thirty- 
three,  and  remains  unpaid  at  the  date  of  such  taking. 
The  collector  shall  give  three  weeks'  notice  of  his  inten- 
tion to  exercise  such  power  of  taking ;  which  notice  may 
be  served  either  in  the  manner  prescribed  by  law  for  the 
service  of  summonses  for  witnesses  in  civil  cases,  or  by 
advertisement  thereof  in  the  manner  required  by  section 
thirty-five,  and  shall  contain  the  particulars  required  by 
section  thirty-six.  He  may  also  post  a  similar  notice  in 
accordance  with  the  provisions  of  section  thirty-seven. 

Section  53.  The  affidavit  of  the  collector,  deputy  col- 
lector, or  of  a  disinterested  person,  taken  before  a  justice 
of  the  peace,  of  the  service  of  the  demand  of  payment, 
and  of  the  notice,  as  provided  in  the  preceding  section, 
with  copies  thereof  annexed,  filed  and  recorded  in  the 
registry  of  deeds  of  the  county  or  district  where  the  land 
lies,  shall  be  competent  evidence  of  such  demand  and 
notice. 

Section  54.  Said  affidavits  shall  be  annexed  to  the 
instrument  of  taking,  which  shall  be  under  the  hand  and 
seal  of  the  collector,  and  shall  contain  a  statement  of  the 
cause  of  taking,  a  substantially  accurate  description  of 
each  parcel  of  land  taken,  the  name  of  the  person  to 
whom  the  same  was  assessed,  and  the  amount  of  the  tax 
thereon  and  of  the  incidental  costs  and  expenses  to  the 
date  of  taking,  and  shall  be  filed  and  recorded  in  the  reg- 
istry of  deeds  of  the  county  or  district  where  the  land 
lies ;  and  the  title  to  the  lands  so  taken  shall  thereupon 
vest  in  the  city  or  town,  subject  to  the  right  of  redemp- 
tion given  by  section  fifty-seven. 

Section  55.  Whenever  the  collector  exercises  the 
power  of  taking  above  provided,  there  shall  be  allowed 
to  him,  and  added  to  the  amount  of  the  tax,  the  same 
charges  and  fees  as  are  fixed  for  similar  proceedings  by 
section  forty-one  ;  and  when  service  of  the  demand  of  pay- 
ment and  notice  of  intention  to  take  is  made  in  the  man- 


1888.  —  Chapter  390.  373 

ner  prescribed  by  law  for  the  service  of  summonses  for 
witnesses  in  civil  cases,  there  shall  be  allowed  therefor, 
and  added  as  above  mentioned,  fifty  cents,  together  with 
the  fees  of  ofiicers  for  travel  fixed  ])y  chapter  one  hundred 
and  ninety-nine  of  the  Public  Statutes. 

Sectiox  56.    Every  sale  or  taking  of  real  estate  for  pay-  Saie  or  taking 
ment  of  taxes  shall  be  deemed  to  be  in  the  name  of  the  for'^ayment^of 
owner  or  owners  thereof,  if  the  proceedings  of  assessment,  Ifeemed  to  be  in 
sale    or  takins:  are  made  in  the  name  of  one  or  more  of  ^'^'^  "^'^^e  of  the 

1  1  /•  1  owner. 

the  persons  who  appear  as  record  owners  of  such  estate 
at  the  date  of  assessment ;  but  any  taking  of  real  estate 
for  payment  of  taxes  shall  be  of  the  whole  estate,  and  no 
sale  or  taking  shall  be  of  the  undivided  interest  of  any  one 
or  more  of  the  joint  owners  thereof. 

Section  57.    The  owner  of  real  estate  taken  or  sold  for  Redemption  of 

,r>i  -iTii  11  J.'  real  estate  taken 

payment  ot  taxes,  mcludmg  those  assessed  under  sections  or  sold  for  pay- 

fourteen,    fifteen    and    sixteen    of  chapter  eleven  of  the '"®°' °*  **^^*" 

Public  Statutes,  or  his  heirs  or  assigns,  may  within  two 

years  from  the  day  of  taking  or  sale  redeem  the  estates 

taken  or  sold  by  paying  or  tendering  to  the  collector, 

when  he  exercises  the  power  of  taking,  the  amount  of  the 

tax  for  which  said  property  was  taken,  with  the  charges 

and  fees  allowed  to  him,  and  all  intervening  taxes  ;  or  to 

the  purchaser,  his  heirs  or  assigns,  the  original  sum  and 

intervening  taxes  paid  by  him  ;   and  in  each  case  with  ten 

per  cent,  interest,  the  cost  of  recording  the  tax  deed  or 

evidence  of  taking,  and  a  sum  not  exceeding  three  dollars 

for  examination  of  title,  a  deed  of  conveyance  or  release, 

and  for  all  other  necessary  intervening  charges  ;  and  when 

the  rents  and  profits  are  sold  for  payment  of  taxes,  the 

same  may  be  redeemed  at  any  time  within  two  years  in  the 

manner  provided  for  the  redemption  of  rents  and  profits 

taken  on  execution.      And    in    the    followino-    cases    real 

estate  so  taken  or  sold  may  be  redeemed,  by  any  person 

having  such  title  thereto  that  he  might  have  recovered  the 

same  if  no  such  taking  or  sale  had    been  made,  at  any 

time  within  two  years  after  he  has  actual  notice  of  the 

sale  :  — 

First,  AVhen  no  person  is  named  in  the  tax-list  as  the    . 
owner  or  occupant  of  the  premises,  they  being  taxed  as 
belonging  to  persons  unknown. 

Second,  When  the  person  wdio  is  named  in  said  list  is 
merely  a  tenant  or  occupant  of  the  premises,  and  not  the 
rightful  owner  thereof. 


374 


1888.  —  Chapter  390. 


If  purchaser 
cannot  be  found 
owner  may 
redeem  by  pay- 
ing amount  to 
the  treasurer. 


Treasurer  to 
give  to  the 
person  paying  it 
a  certificate  of 
such  payment. 


After  proceed- 
ings have  been 
commenced, 
holder  of  mort- 
gage may  pay 
tax  and  inter- 
vening charges, 
etc. 


Third,  When  there  is  any  substantial  and  misleading 
error  in  the  name  of  the  person  intended  to  be  taxed. 

Fourth,  When  the  person  offering  to  redeem  is  a  mort- 
C'ao-ee  of  record . 

But  no  person  shall  have  a  right  to  redeem  land  held 
by  a  city  or  town  under  a  sale  or  taking  for  payment  of  a 
tax  or  assessment,  unless  he  pays  or  tenders  to  the  collec- 
tor thereof  all  sums  due  the  city  or  town  in  respect  of  said 
land  by  reason  of  all  such  sales  or  takings  thereof,  and  of 
all  subsequent  taxes  or  assessments  thereon  due  and  un- 
paid, with  all  interest  and  incidental  cost  and  expenses. 

Section  58.  If  upon  reasonable  search  the  purchaser 
of  real  estate  sold  for  payment  of  taxes,  or  an  agent  or  at- 
torney duly  appointed  by  the  purchaser  as  hereinafter 
provided,  cannot  be  found,  the  owner  of  the  estate  may 
redeem  it  as  provided  in  the  preceding  section,  on  paying 
to  the  treasurer  of  the  place  in  which  it  is  situated  the 
amount  Avhich  he  would  be  required  to  pay  to  the  pur- 
chaser ;  and  the  affidavit  of  any  disinterested  person  of  the 
making  such  search,  filed  in  the  registry  of  deeds  for  the 
district  or  county  in  which  the  land  is  situated,  within 
ninety  days  from  the  completion  of  the  search,  shall  be 
competent  evidence  of  the  facts  therein  stated. 

Section  59.  Such  treasurer  shall  receive  the  money 
and  give  to  the  person  paying  it  a  certificate  of  such  pay- 
ment, specifying  the  estate  on  which  the  tax  was  origi- 
nally assessed.  The  certificate  may  be  recorded  in  the 
registry  of  deeds,  with  a  note  of  reference  from  such 
record  to  the  collector's  deed  ;  and  when  so  recorded, 
shall  have  the  effect  to  release  and  discharge  all  right  and 
title  acquired  under  the  collector's  deed.  The  treasurer 
shall  hold  all  money  so  received  by  him  for  the  use  and 
benefit  of  the  persons  entitled  thereto,  and  shall  pay  it 
over  on  reasonable  demand. 

Section  60.  After  proceedings  have  been  commenced 
for  the  taking  or  sale  of  real  estate  for  a  tax  assessed 
thereon,  and  before  the  taking  or  sale  is  made,  the 
holder  of  any  mortgage  thereon  may  pay  such  tax  with 
all  intervening  charges  and  expenses ;  and  when  the 
owner  of  real  estate  has  neglected,  for  three  months  after 
demand,  to  pay  such  a  tax,  and  the  collector  has  made 
demand  therefor  upon  a  holder  of  a  mortgage  thereon, 
such  holder  may  in  like  manner  pay  such  tax,  charges 
and  expenses. 


1888.  — Chapter  390.  375 

Section  61.     The  holder  of  a  morto-aire,  upon  taking  Holder  of  a 
possession  of  real  estate  thereunder,   shall    be    lialile  to  rng'posfesalon 
pay  all  taxes  due  thereon,  and  the  expenses  of  any  taking  lax^isdui!''^'*^' 
or  sale  for  taxes  that  has  been  commenced  or  has  taken 
place,  to  be  recovered  of  him  in  an  action  of  contract  by 
the  collector,  or,   when    a    sale  has  taken    place   by  the 
purchaser ;    and    u})on  jiayment    or  tender  by  the  mort- 
gagee to  the  collector  or  the  purchaser  of  the  same  sums 
and  within  the   same  time   as  provided  in   section    fifty- 
seven  for  owners  of  real  estate  to  make  tender,   the  city 
or  town  or  such  purchaser  shall   execute   and   deliver  to 
him  a  valid  deed  of  assignment  of  all   interest  acquired 
by  virtue  of  the  taking  or  sale. 

Section  62.     For  all  sums  paid  to  a  collector  by  the  collector  to 
holder  of  a  mortgage  under  either  of  the  two  preceding  upoYdemami, 
sections,    the  collector    shall  upon    demand    give    him  a  mo'^^gagefor 
receipt    therefor,    duly    acknowledged;    and    such    sums  ^"'^s p'^'''- 
shall  be  added  to   and   constitute    part  of  the   principal 
sum  of  the    mortoawe ;  and  the   mortgage    shall    not    be 
redeemed  without  the  consent  in  writing  of  the  holder, 
until  such  sums  and  interest  thereon  are  paid;  and  such  ^co'rd*e".° '^'^ 
receipt  recorded  within  thirty  days   from  its  date,  in  the 
registry  of  deeds  for  the   county  or  district   where  the 
land  lies,  shall  be  notice  to  all  persons  of  the  payment 
of  such  sums,  and  of  the  lien  upon  the  estate  therefor. 

Section  63.     If  any  part  of  a  tax  duly  assessed  upon  Either  party 
real    estate    under   the    provisions   of    sections    fourteen,  I'^gLsed under 
fifteen    and    sixteen    of    chapter    eleven    of    the    Public  fe,  remainini^ 
Statutes  remains  unpaid  on  the  first  day  of  January  next  ^rit^'dly  o/'''' 
after  the  same  has  been  assessed,  either  party  may  pay  January  next 
the  same ;  and,  n  it  is  paid  by  a  mortgagee,  he  may  take  assessment. 
from  the  collector  such  a  certificate  as  is  mentioned  in 
section  fifty-nine,    to   be    recorded    as  therein   provided, 
with  a  note  of  reference  from  such  record  to  the  mort- 
gage deed ;  and  such  sums  so  paid  for  taxes  other  than 
those  assessed  to  himself,  with  costs  and  interest,   shall 
be  added  to  and  constitute  a  part  of  the  principal  sum 
of  his  morto;ao;e ;    and   the   rccordinii'  of  such    certificate 
within  thirty  days  from   its  date    shall  be   notice  to  all 
persons  of  the  payment   of  such   sums,   and  of  the   lien 
therefor  upon  the  estate.     When  taxes  so  assessed  to  a 
mortgagee  have   been    paid   by  the  mortgagor   or   by 'a 
person  claiming  under  him,  either  to   the  collector  or  to 
a  mortgagee  who  has  paid  the  same  as  provided   in  this 


376 


1888.  —  Chapter  390. 


Taxes  to  be 
assessed  upon 
estate  pur- 
chased or  taken 
liy  a  city  or 
town. 


Owner  of  an 
interest  in  real 
estate,  entitled 
to  redeem,  may 
pay  money  for 
redemption. 


If  real  estate 
held  by  a  city 
or  town  is  not 
redeemed 
within  the  pre- 
scribed time, 
collector  to  sell 
the  same  w  ithiu 
two  years. 


section,  the  person  so  paying  may  deduct  the  sum  so 
paid,  with  the  costs  and  interest  thereon,  from  the 
amount  due  to  the  mortjiasee  to  whom  said  taxes  were 
assessed,  unless  the  parties  have  otherwise  agreed  in 
writing.  A  person  whose  tax  is  so  paid  by  another 
shall  have  the  same  right  to  recover  it  from  the  city  or 
town,  if  illegally  assessed,  which  he  would  have  had  if 
the  tax  had  been  paid  under  a  protest  by  him  in  writing. 

Section  (54.  If  an  estate  is  purchased  or  taken  by 
a  city  or  town,  according  to  the  provisions  of  this  act, 
taxes  shall  be  assessed  ujion  the  same  in  the  same  man- 
ner as  though  the  same  were  not  so  purchased  or  taken  ; 
and  said  taxes  shall  be  deducted  from  the  proceeds  of 
the  final  sale,  as  provided  in  section  sixty-six. 

Section  65.  The  owner  of  any  interest  in  real  estate 
purchased  and  held  by  a  city  or  town  for  payment  of 
taxes  may,  if  he  has  a  right  to  redeem  the  same,  pay  to 
the  treasurer  of  the  city  or  town  all  sums  required  by 
law  for  the  redemption  of  such  estate ;  in  which  case  the 
treasurer  shall  give  to  him  a  like  certificate  as  that  men- 
tioned in  section  fifty-nine,  and  the  certificate  may  l)e 
recorded  in  the  manner,  and  with  like  effect,  as  that 
described  in  said  section.  If  the  person  so  redeeming 
be  the  holder  of  a  mortgage,  the  sums  so  paid  by  him 
shall  be  added  to,  and  constitute  a  part  of,  the  principal 
sum  of  the  mortgage ;  and  the  mortgage  shall  not  l)e 
redeemed  until  such  sums,  and  interest  thereon,  are 
paid  ;  and,  in  such  case,  the  recording  of  said  certificate 
in  the  registry  of  deeds  in  the  district  or  county  where 
the  land  lies,  within  thirty  days  from  its  date,  shall  be 
notice  to  all  persons  of  the  payment  of  such  sums  and  of 
the  lien  upon  the  estate  therefor. 

Section  66.  If  no  person  lawfully  entitled  redeems, 
within  the  time  prescribed  by  law,  real  estate  purchased 
or  taken  for  and  held  by  a  city  or  town  under  the  pro- 
visions of  this  act,  or  of  any  statute  repealed  by  this  act, 
its  collector  of  taxes  for  the  time  being,  without  any  vote 
or  other  authority  being  required  therefor,  shall,  within 
two  years  thereafter,  proceed  to  sell  the  same  by  public 
auction,  after  having  given  the  notice  required  in  section 
thirty-five  ;  and  if,  from  any  cause,  such  sale  shall  not  be 
made  within  two  years,  as  aforesaid,  it  shall  be  made  by 
the  collector  at  such  time  as  he  deems  best  or  at  once 
upon  the  service  upon  him  of  a  written  demand  of  any 


1888.  — Chapter  390.  377 

person  interested   therein      The  collector    shall    state  in  collector  to 

1-  •  f         ^       J^  If  ji  I  1-1      xi         State  minimuiu 

his   notice  or  sale  the  amount  tor  not  less  than  which  the  price. 
sale  will  be  made,  and  shall,  for  the  city  or  town,  exe- 
cute and  deliver  to  the  highest  bidder  therefor  a    quit- 
claim   deed.     From    the    money   arising    from    said    sale  Expenses  of 
shall    be    deducted    the    expenses    of  making    the    sale,  deducted  fronT 
together  with  the  amount  named  in  the  collector's  deed  or  ^"on^y,*® 
instrument  of  taking  as  the  sum  due  when  the  same  was 
executed,  and   all   interest  and  charges  thereon  fixed  by 
law,  and  also  all  subsequent  taxes  and  assessments,  with 
all  interest  and  charges  due  in  respect  thereof;  and  the  BaUuKetobe 
balance,  if  any,  shall   be   deposited  in  the  city  or  town  treasury,  ami  be 
treasury,  and  shall  be  paid  to  the  party  legally  entitled  eiuui't^ito'iL 
to  the  estate  if  it  had  not  been  sold  for  taxesV  if 'such  bal-  ;;ot''bt^[/,Vid'' 
ance  is  called  for  within  live  years  ;  and  if  not  demanded  for  taxes. 
within  that  time,  the  same  shall  inure  to  the  benefit  of 
said  city  or  town. 

Section  67.  If  no  person  bids  at  such  sale  for  said  real  ^;;'°e'no"Suis 
estate  said  amount  or  more,  or  if  the  person  so  bidding  at  the  sale. 
and  to  w'hom  the  estate  is  sold  fails  to  pay  to  the  col- 
lector within  ten  days  the  full  sum  offerecl  l)y  hiin  for 
the  estate,  the  collector  shall  make  an  affidavit  before  a 
justice  of  the  peace  of  the  non-appearance  of  a  purchaser 
or  the  failure  of  such  bidder  to  pay  the  sum  offered,  and 
the  same  shall  he  recorded  in  the  registry  of  deeds  in  the 
county  or  district  where  the  land  lies,  wnthin  thirty  days 
of  the  date  at  which  the  same  was  offered  for  sale  ;  such 
ajfidavit,  or  a  copy  thereof  duly  certified  by  the  register 
of  deeds,  shall  be  prima  facie  evidence  of  the  facts 
therein  stated. 

Section  68.  After  the  recording  of  said  affidavit,  the  coueciono 
collector,  for  and  in  behalf  of  the  city  or  town,  shall,  '  ^  i'"""""' 
within  thirty  days  thereafter,  take  possession  of  said  real 
estate,  and  the  city  or  town  may  make  such  regulations 
for  the  custody,  management  and  sale  thereof  as  it  deems 
best,  and  taxes  shall  be  assessed  thereon  in  the  name  of 
such  city  or  tow^n  until  such  land  shall  be  sold ;  the  said 
affidavit  shall  be  placed  in  the  custody  of  its  treasurer, 
and  such  subsequent  sale  and  the  money  received  there- 
from shall  be  had  and  held  as  })rovided  in  sec-tion  sixty-six. 

PROCEEDINGS    AVHEN    TAX    TITLE    IS    DEEMED    INVALID. 

(Section  69.     When  a  collector  of  taxes  has  reasonable  whenacoi- 
cause  to  believe  that  the  title  created  by  a  deed  given  in  taie  created  by 


378 


1888.  —  Chapter  390. 


deed,  etc.,  is 
invalid,  etc.,  he 
may,  within 
two  J  ears, 
require  the 
owner  of  record 
to  surrender 
deed. 


Notice  to  be 
served  as  of 
summons  for 
witnesses  in 
civil  cases. 


Xotice  to  lie 
recorded  in  reg- 
istry of  deeds. 


Collector  to  no- 
tify treasurer. 


If  invalidity 
arose  from  error 
in  assessment, 
etc.,  tax  to  be 
re-assessed. 


consequence  of  a  sale  for  payment  of  taxes,  or  of  an  as- 
sessment, a  lien  for  which  is  enforceable  by  sale  of  real 
estate,  is  invalid  by  reason  of  an  error,  omission  or  in- 
formality, in  the  assessment  or  sale,  he  may,  with  the 
approval  of  the  assessors,  within  two  years  from  the  date 
of  said  deed,  give  notice  to  the  [)erson  appearing  of 
record  as'owner  of  the  real  estate,  requiring  him  within 
thirty  days  to  surrender  and  discharge  the  deed  so  given, 
and  to  receive  from  the  city  or  town  the  sum  due  there- 
for, with  interest  as  j^rovided  by  law,  or  to  tile  with  the 
collector  a  written  statement  that  he  refuses  to  make 
such  surrender  or  discharge  ;  and  such  statement  shall  be 
deemed  an  absolute  release  of  the  city  or  town  from  any 
liability  whatever  upon  the  warranty  contained  in  said 
deed. 

Section  70.  The  notice  required  by  the  preceding- 
section  shall  be  served  in  the  manner  prescribed  by  law 
for  the  service  of  summonses  for  witnesses  in  civil  cases  ; 
but  in  case  the  holder  has  no  place  of  abode  in  the  city 
or  town,  or  cannot  l)e  there  found,  it  shall  be  served  by 
mail  or  ])y  publication  one  week  in  some  newspaper  pub- 
lished in  the  county  wherein  the  city  or  town  lies  ;  or,  if 
there  be  none  such,  in  some  newspaper  published  in  an 
adjacent  county.  If  the  holder  fails  to  comply  with 
such  notice,  the  collector  shall,  upon  the  expiration  of 
thirty  days  from  the  service  thereof,  cause  a  copy  of  the 
notice,  with  an  affidavit  by  himself  or  a  disinterested 
person  of  the  service  thereof,  taken  ))efore  a  justice  of 
the  peace,  to  be  filed  and  recorded  in  the  registry  of 
deeds  of  the  county  or  district  wherein  the  city  or  town 
lies.  A  note  of  reference  to  the  record  of  said  copy 
shall  be  made  on  the  margin  of  the  record  of  the  collec- 
tor's  deed  therein  referred  to  ;  and  from  the  time  of  such 
record  the  interest  payable  by  law  in  respect  of  such 
deed  shall  cease,  and  said  copy,  when  so  recorded,  shall 
have  the  effect  to  release  and  discharge  all  right  and  title 
acquired  under  such  deed.  The  collector  shall  notify 
the  treasurer  of  the  city  or  town,  who  shall  appropriate 
out  of  any  funds  in  his  hands  the  amount  due  in  respect 
of  said  deed  for  the  use  and  benefit  of  the  persons  enti- 
tled thereto,  and  shall  [)ay  it  over  on  reasonable  demand. 

Sectiox  71.  If  the  invalidity  of  a  deed  so  recalled  by 
the  collector  arose  b}"-  reason  of  any  error,  omission,  or 
informality  in  the  assessment,  the  collector,  after  obtain- 


1888.  — Chapter  390.  379 

ing  a  surrender  and  discharge  of  the  deed  from  the  liolder, 
or  causing  a  copy  of  the  notice  to  be  tiled  and  recorded 
as  provided  in  the  preceding  section,  shall  forthwith  no- 
tify the  board  by  which  the  tax  or  assessment  was  laid, 
who  shall  immediately  re-assess  the  same,  as  provided  by 
section  seventy-nine  of  chapter  eleven  of  the  Public  Stat- 
utes. If  such  invalidity  arose  by  reason  of  an  error,  Proceedings  sf 
omission,  or  informality  in  the  proceedings  of  the  col- fo'J^.t'on' °* 
lector,  he  shall,  after  obtaining  a  surrender  and  discharge 
of  the  deed,  or  causing  a  copy  of  the  notice  to  be  filed 
and  recorded  as  aforesaid,  forthwith  collect  the  unpaid 
tax  or  assessment  referred  to  in  such  deed  by  proceed- 
ings in  conformity  to  law. 

Section  72.     When  the  collector  has  reasonable  cause  if  coiucior 
to  believe  that  a  tax  title,  held  by  a  city  or  town  under  a  taxtuieu'"" 
sale  or  taking  for  payment  of  a  tax  or  assessment,  is  in-  j-elsoi^'of  enor 
valid  by  reason  of  any  error,  omission,  or  informality  in  i" assesBment, 
the  assessment,  sale,  or  takmg,  he  may,  with  the  approval  maybe 
of  the  assessors,  release,  disclaim  and  annul  such  title  by  '*""" 
an  instrument   under  his    hand  and    seal,  duly  filed  and 
recorded  in  the  registry  of  deeds  of  the  county  or  district 
where  the  land  lies.     If  the  invalidity  of  such  title  arose 
by  reason  of  an  error,  omission,  or  informality  in  the  as- 
sessment, the   assessors    shall    immediately  re-assess    the 
same,   as   provided  by  section    seventy-nine    of    chapter 
eleven  of  the  Public  Statutes. 

LIEN    OF    CO-TENANTS. 

Section  73.      Any    co-tenant,    who    pays    the    whole  a  co-tenant  who 
amount  of  tax  assessed  upon  land  held  by  him  and  one  or  amount^of\ix 
more  other  persons  as  joint  tenants  or  as  tenants  in  com-  to  have  alien 

^  -f  npon  tlic  inter- 

mon,  shall  have  a  lien  upon  the  interest  of  each  of  his  estofeaciiof 
co-tenants  in  the  land,  to  secure  the  payment  to  him  of  the 
proportion  of  such  tax  due  and  payable  by  each  of  said 
co-tenants  respectively,  together  with  the  costs  for  en- 
forcing the  same  :  provided,  that  any  person  whose  tax  Proviso. 
has  been  so  paid  by  his  co-tenant  shall  have  the  same 
rights  in  regard  to  recovering  back  taxes  illegally  assessed 
that  he  would  have  had  if  the  tax  had  been  })aid  under  a 
protest  by  him  in  writing. 

Section  74.     Such  lien  maj^  be  enforced  in  the  manner  Enforcement  of 
provided  for  enforcing  liens  on  buildings  and  lands  ;  and  '"'"'  *'''^' 
shall    be  dissolved,  unless  the  person   desiring  to    avail 
himself  thereof  files    in    the    registry    of  deeds    for  the 


380  1888.  —  Chapter  390. 

county  or  district  in  which  the  Kinds  are  situated,  within 
thirty  days  from  tlie  day  of  payment  of  said  tax,  a  certifi- 
cate setting  forth  a  description,  sufficiently  accurate  for 
identification,  of  the  property  intended  to  be  covered  by 
the  lien,  the  names  of  the  several  co-tenants  and  the  in- 
terest of  each  therein,  the  amount  of  tax  paid,  and  the 
amount  due  from  each  co-tenant,  which  certificate  shall 
be  subscribed  and  sworn  to  by  the  person  claiming  the 
lien  or  by  some  one  in  his  behalf,  and  shall  be  recorded 
in  a  book  to  be  kept  for  the  purpose  by  the  register  of 
deeds  in  each  county  or  district,  who  shall  be  entitled  to 
the  same  fees  therefor  as  for  recording  morto;ao:es  of 
equal  length. 
Lk-.inottobe         Section  75.     Such    lien   shall  not  be  of  force  against 

of  force  agaiust  .      .  *? 

a  mortgaiTe,  etc.  any  mortgage  actually  existing  and  duly  recorded  prior  to 
the  recording  of  said  certificate  ;  and  unless  a  suit  for 
enforcing  it  is  commenced  within  ninety  days  from  the 
date  of  filing  said  certificate,  the  lien  shall  be  dissolved. 

MISCELLANEOUS    PROVISIONS. 

Supreme  jmii-         Section  76.     In  all  cases  of  takins'  or  sale  of  real  estate 

cial  court  to  C 

have  equity        for  the  payment  of  taxes  assessed  thereon,  the  supreme 
of  taking,  etc.,    judicial  coui't  shall  have  equity  powers,  if  relief  is  sought 

of  real  estate,  'j-V.'       n  j?  xi        j.    i   •  l 

etc.  within  five  years  irom  the  taking  or  sale. 

Every  city  and        Section  77.     Evei'v  citv  bv  ordiuancc,  and  every  town 

town  may  direct   ,  ,         ,  t  i   •    i  •  11  i      ii 

uiiich power      by  by-law,  may   direct  which  power   its    collector  shall 
may  exercise,     cxercisc  to  eiiforce  the  lien  for  taxes  or  assessments  laid 
on  real  estate,  that  of  sale  or  of  taking;  and  in  the  ab- 
sence of  any  such  ordinance  or  ))y-law  the  collector  may 
exercise  either  power  at  his  discretion  ;  but  the  passage 
of  any  such  ordinance  or  by-law  shall  not  render  invalid 
any   proceedings   commenced    before  the    passage  of  the 
same. 
coT'of't'.nfst        Section  78.     When  the  tax-list  and  warrant  of  the  as- 
and  warrant.      scssoi's  is  Committed  to  the  sheriff  or  his  deputy,  he  shall 
forthwith  post,  in  some  public  place  in  the  city  or  town 
assessed,  an  attested  copy  of  said  list  and  warrant ;  and 
shall  make  no  distress  for  a  tax  till  after  thirty  days  from 
the  time  of  such  posting. 
Officer's  fees.  Section  79.     If  a  pci'sou  pays  his  tax  on  such  list  within 

said  thirty  days,  the  officer  shall  receive  for  his  fees  five 
per  cent,  on  the  sum  assessed  ;  but  if  a  tax  remains  unpaid 
after  said  thirty  days,  the  officer  shall  proceed  to  collect 
the  same  by  distress  or  imprisonment,  or  by  sale  of  real 


1888.  — Chapter  390.  381 

estate  in  the  manner  collectors  are  required  to  proceed 
in  like  cases.  The  officer  may  also  levy  his  fees  for  ser- 
vice and  travel,  in  the  collection  of  each  person's  tax,  as 
in  other  cases  of  distress  and  commitment,  or  sale  of  real 
estate. 

Sectiox  yO.     When  the  city  council  of  a  city  or  the  wuen  treasurer 
inhal)itants  of  a  town  vote  to  appoint  their  treasurer  a  mayissuriiu 
collector,  he  may  issue  his  warrants  to  the  sheriff  of  the  "her'iff"*'"°  "'" 
county,  or  his  deputy,  or  to  any  of  the  constables  of  the 
city  or  town,  returnable  in  sixty  days,  requiring  them  to 
collect  any  or  all  taxes  due  ;    and  such  warrants  shall  be 
in  substance  the  same  and  confer  like  powers  as  warrants 
issued  by  assessors  to  collectors. 

Section  81.  Any  officer  to  whom  is  given  by  law  au-  Deputy coi- 
thority  to  collect  taxes  may  appoint  such  deputy  collectors  iip\)o[nt™'i? 
of  taxes  as  he  may  from  time  to  time  be  authorized  l)y 
the  board  of  aldermen  or  selectmen,  and  deem  it  expe- 
dient to  appoint,  who  shall  give  bonds  for  the  faithful 
discharge  of  their  duties,  in  such  sums  as  the  board  of 
aldermen  or  selectmen  may  from  time  to  time  prescribe  ; 
and  such  deputies  shall  have  the  same  powers  as  collectors 
of  taxes  in  towns. 

Section  82.     The  treasurer  or  other  disbursing  officer  Treasurer  may 

/.  •,  ,  T'r"  xlliU       withold  money 

ot  any  city  or  town  may,   and  it    so  requested    by  tne  made  payable  to 
collector  of  that  place   shall,   withhold    payment  of  any  ^,5^ps^ar°e '''"""' 
moneys  that  may  be  made  payable  from  the  treasury  of  "npa'd. 
that  place   to   any  person  whose  taxes,   assessed  in  that 
place,  are  then  due,  and  wholly  or  partly  unpaid  :  pro-  Proviso. 
vided,  that  no  greater  sum  shall  thus  be  withheld  than  is 
necessary  to  pay  the  amount  of  tax  then    due   as  afore- 
said, with  interest  and  costs.     The  sum  withheld  shall  be 
payable  to  the   collector,  who  shall,  if  required,   give  a 
written  receipt  therefor.     The  person  taxed  may,  in  such 
case,  have  the  same  remedy  as  if  he  had  paid  such  tax 
after  a  levy  upon  his  goods.     The  collector's  right  as  estab- 
lished by  this  section  shall  be  valid  against  any  trustee 
process  not  commenced,  or  any  assignment  not  recorded, 
prior  to  the  seventeenth  day  of  May  in  the  year  eighteen 
hundred  and  seventy-eight. 

Section  83.     Every  collector  shall  once  in  two  months,  collector,  if 
if  required,  exhil)it  to  the  mayor  and  aldermen  or  select-  eXbit account 
men  a  true  account  of  all  moneys  received  on  the  taxes  ^o'Jhro'f 
committed  to  him,  and  shall  produce  the  treasurer's  re- "joney  received, 

•  111  •I*  1  11*  PtC.|  on  t£lX€8) 

ceipts  tor  all  money  paid  into  the  treasury  by  him.  etc. 


382  1888.  —  Chapter  390. 

Penalty  for  SECTION  84.     If  a  collector  neglects  so  to  exhibit  his 

accounts,  he  shall  forfeit  two  and  a  half  per  cent,  on  the 
sums  committed  to  him  for  collection. 
Collector  to  be         Section  85.     The  collector  shall  be  credited  with  all 
sums abaTe'd! "    sums  abated  according  to  law;  with  the  amount  of  taxes 
''^''  assessed  upon  any  person  committed  to  prison  within  one 

year  from  the  receipt  of  the  tax-list  by  the  collector,  and 
before  paying  his  tax ;    with  any  sums  which  the  city  or 
town  may  see  fit  to  abate  to  him,  due  from  persons  com- 
mitted after  the  expiration  of  a  year  ;  and  with  the  amount 
of  the  taxes  and  charges  in  case  of  lands  purchased  or 
taken  by  the  city  or  town  for  payment  of  taxes. 
Deficiency  to  be       Section  86.    If  tlic  collcctor  fails  to  collcct  a  tax  witli- 
coi'iector  fails,     out  his  owu  default,  and  there  is  a  deficiency  of  the  amount 
iufauu!tr°''"  due  on  a  state  or  county  tax,  such  deficiency  shall  be  sup- 
coiieci.  plied  by  him  from  the  proceeds  of  the  collection  of  city 

or  town  taxes,  if  any  in  his  hands  ;  and,  if  he  have  none, 
by  the  city  or  town  treasurer,  on  the  written  requisition 
of  the  collector. 
If  collector  Sectiox  87.     If  a  collector  of  taxes  neglects  to  pay, 

ovfrWstatr^  within  the  time  required  by  law,  such  sums  of  money  as 
tr"eiBu"e"8^  ouglit  by  him  to  be  paid  to  the  state  or  county  treasurer, 
hMiab/e""" '°  ^^®  ^'^^y  ^^'  town  by  which  such  collector  was  appointed 
shall  be  liable  for  such  sums,  to  be  recovered  in  an  action 
of  contract  by  such  state  or  county  treasurer  respectively. 
If  collector  SECTION  88.     If  a  collcctor  neglects  seasonably  to  pay 

"ta^te^or^o^unty    a  statc  or  couuty  tax  committed  to  him,  whereby  the  city 
towu°[ax%c!^     or  tow^n  is  compelled  to  pay  the  same,  or  neglects  season- 
ably to  account  for  and  pay  in  a  city  or  town  tax  com- 
mitted to  him,  the  city  or  town  may  recover  the  amount 
thereof,  with  all  damages  sustained  through  such  neglect, 
and  interest,   by  an  action  of  contract,  declaring  on  his 
official  bond  if  any  has  been  given. 
In  case  collector       SECTION  89.     If  a  collcctor  bccomcs  insane,  or  in  the 
abscontfs'etc'" '  judgmcut  of  tlic  sclectmeu  otherwise  unable  to  discharge 
his  duty,  or  absconds,  removes,  or  in  the  judgment  of  the 
selectmen  is  about  to  remove,  from  the  place,  or  if  he 
refuses  on  demand  to  exhibit  to  the  ma^^or  and   alder- 
men, or  selectmen,  his  accounts  of  collections  as   herein 
provided,  the  selectmen  may  remove  him  from  office  and 
appoint  another  collector  as  in  case  of  the  death  of  the 
collector. 
1 1  collector  dies       Section  90.     If  a  collcctor  dlcs  Or  is  rcmovcd  as  pro- 
or  IS  removed,    ^jj^j  jj^  scctiou  eighty-iiinc,  before  completing  the  col- 


1888.  —  Chapter  390.  383 

lection  of  a  tux  committed  to  him,  the  selectmen  may 
appoint  some  suitable  person  to  complete  the  collection, 
who  shall  receive  a  reasonal)le  compensation,  to  be  paid  by 
the  town,  and  the  assessors  shall  commit  the  same  tax-list 
to  him,  with  their  warrant,  accordingly ;  and  he  shall 
have  the  same  powers  and  be  subject  to  the  same  duties 
and  liabilities  as  other  collectors. 

Section  91.     The  tax-list  of  a  collector  who  is  paid  by  Taxiist  of  coi- 
a  fixed  salary  may,  upon  the  expiration  of  his  term  of  p'a'^kui  fixed" 
office,  l>e  committed  to  his  successor,  as  in  the  case  of  the  tnlusfened  to 
death  of  a  collector,  subject  to  all  the  provisions  of  law  snccessor  upon 

!•  n  i>  i'»  n      T  1  I     ''xpiration  ot 

relating  to  the  transfer  of  a  tax-list  in  case  of  the  death  t^r'n  of  otiice. 
of  a  collector,  as  far  as  applicable  thereto. 

Section  92.    In  case  of  the  death  or  removal  from  office  upon  death, 
of  a  collector,    his   executors   or  administrators    and    all  unsettled  tax  °'' 
other  persons  into  whose  hands  any  of  his  unsettled  tax-  |ieuve°e'd  to 
lists  may  come,  shall  forthwith  deliver  the  same  to  the  selectmen. 
selectmen . 

Section  93.    Collectors  shall  be  paid  such  compensation  compensation 
for  their  services  as  their  cities  or  towns  shall  determine.  °  '""ectois. 
In  towns  they  shall  be  elected  by  ballot,  and  their  com- 
pensation shall  be  fixed  by  the  towns  at  the  annual  meet- 
ing, or  at  a  special  meeting  called  for  that  purpose 

Section  94.     No  tax  paid  to  a  collector  shall  be  recov-  no  tax  paid  to 
ered  back  in  any  action  unless  it  appears  that  it  was  })aid  be  neovered 
after  an  arrest  of  the  person  paying  it,  a  levy  upon  his  l^^'^'  ""''^»'*' 
goods,  a  notice  of  sale  of  his  estate,  or  a  protest  in  writ- 
ing signed  by  the  person  paying  the  same,  and  that  the 
action  was   brought  by  the   person   assessed  for  the  tax 
within  three  months  after  such  payment ;  and  the  damages 
awarded  in  an  action  based  upon  any  error  or  irregular- 
ity in  the  assessment  or  apportionment   of  a  tax   shall 
not  be  greater  than  the  excess  of  the  tax  above  the  amount 
for  which  the  plaintifl'  was  liable  to  be  taxed  ;  and  no  sale, 
contract  or  levy  shall  be  avoided  by  reason  of  such  error 
or  irregularity. 

REPEAL    OF    statutes. 

Section  95.     Chapter  twelve  of  the  Public  Statutes,  Repeal  of 
chapter  two  hundred  and  forty-three  of  the  acts  of  the  year  2iz;'ism,  loi"- 
eighteen  hundred  and  eighty-two,  chapter  one   hundred  i8Sf,;3io';"^"' 
and  one  of  the  acts  of  the  year  eighteen   hundred   and  ^^'^~'  ^^^-• 
eighty-three,  chapters  one  hundred  and  sixty-two  and  two 
hundred  and  forty-two  of  the  acts  of  the  year  eighteen  hun- 


384 


1888.  —  Chapter  390. 


Forms  which 
may  be  used  in 
inoceedings  for 
collection  of 
taxes  under 
this  chapter. 


dred  and  eighty-four,  chapter  three  hundred  and  twenty 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-six 
and  chapter  one  hundred  and  forty-two  of  the  acts  of  the 
year  eigliteen  hundred  and  eighty-seven  are  hereby  re- 
pealed. The  provisions  of  this  act,  so  far  as  they  are 
the  same  as  those  of  existing  laws,  shall  be  construed  as 
a  continuation  of  such  laws  and  not  as  new  enactments  ; 
and  the  repeal  by  this  act  of  any  provision  of  law  shall 
not  affect  any  act  done,  liability  incurred,  or  any  right  ac- 
crued and  established,  or  suit  or  proceeding  to  enforce  such 
right  or  liability  under  the  authority  of  the  repealed  laws. 

Section  96.  The  following  forms  may  be  used  in  pro- 
ceedings for  the  collection  of  taxes  under  this  chapter,  and, 
if  substantially  followed,  they  shall  be  deemed  sufficient 
for  the  proceedings  to  which  they  respectively  relate  ;  but 
this  shall  not  be  so  construed  as  to  prohibit  the  use  of 
other  suitable  forms.  These  forms  may  also  be  used,  so 
far  as  applicable,  in  the  collection  of  betterments  and 
other  assessments  of  like  character. 

Section  97.    This  act  shall  take  effect  upon  its  passage. 


Schedule  of 
forms. 

Form  of 
demand  under 
section  8. 


To_ 


SCHEDULE  OF   FORMS. 

No.   1.  —  Form  of  Demand  under  Section  8. 

Collector's  Office,  B,  ,18 


Herewith  find  your  tax  bill  due  18     ,  amountiug  to 

$  .     Payment   of   the   same    is   hereby  demanded.      [If 

interest  has  been  voted  by  the  city  or  town,  add]  Interest  at 
the  rate  of  per  cent,  per  annum  will  be  charged  from 
18  .  You  are  hereby  notified  that  unless  your  tax 
is  paid  in  fourteen  days  from  this  date,  with  all  legal  charges, 
the  collector  will  then  proceed  to  collect  the  same  according  to 
law.  C  D, 

Collector  of  Taxes  for  the  of 


Notice  of  sale 
of  distrained 
property  tinder 
section  13. 


No.  2. — Form  of  Notice  of  Sale  of  Distrained  Property 
UNDER  Section  13. 

collector's  sale. 

Distrained  upon  a  warrant  of  distress  for  non-payment  of 
taxes,  and  will  be  sold  by  public  auction  on  ,  the 

day  of  ,  18     ,  at       o'clock     m.,  at  ,  unless 

said  taxes  shall  be  paid  before  the  sale,  the  following  described 
property,  to  wit.     [Here  describe  the  property.] 

B,  ,  18     .  CD, 

Collector  of  Taxes  for  the  of 


1888.  —  Chapter  390.  385 


No.  3. — Form  of   Notice  of  Adjournment  of  Sale  under  Notice  of 

SfOTTON    14  adjoiirtimeiit  of 

Ot-CilUIv     It.  sale  under 

To  the  original  notice  of  sale,  or  a  copy  thereof,  add  the 
following,  and  post  at  the  place  of  sale  :  — 

The  collector  hereby  gives  notice  that  the  above  sale  stands 
adjourned   to  ,  the         day   of  ,   18     ,  at  the 

same  hour  and  place. 

B,  ,  18     .  CD, 

Collector  of  Taxes  for  the  of 

No.  4. — Form   of   Certificate   to   be    made   upon   an   At- certificate  to  b<,- 
TESTED    Copy    of    Warrant    when    Corporate    Stock    is  '"^'de  upon  ai, 

attested  copy  ot 
seized    under    Section     15.  warrant  when 

corporate  stock 

Collector's  Office,  B,  ,  18     .      is  seized  under 

I  hereby  give  notice  that  I  have  seized  share  of  the 

capital  stock  of  the  [A  B  Company]  standing  in  the  name  of 
by  virtue  of  a  warrant  of  distress,  a  copy 
of  which  is  herewith  presented.  Said  share  being  seized  and 
distrained  for  the  non-payment  of  a  tax  duly  assessed  upon 
the  said  by  the  assessors  of  for 

the  year  18     ,  amounting  to  the  sum  of  which  the 

said  ,  after   due   demand,    has    neglected   and 

refused  to  pay. 

B,  ,  18     .  CD, 

Collector  of  Taxes  for  the  of 

No.  5.  —  Form   of   Certificate   to   be   made   upon   an   At-  certificate  to  be 
tested    Copy    of    a    Warrant    when    a    Commitment    to  ™:'''':  T°" ""  , 

_-,^  ,^  attested  copy  of 

ITRISON   IS    MADE    UNDER    SECTION    19.  a  warrant  wtien 


Tj  1  Q  **  commitment 

-"'  •>    '^^       •  \.o  prison  is 

I  hereby  certify  that  dollars  is  the  sum  which  A  B,  '"'"'.e  under 

now  committed  to  prison,  is  to  pay  as  his  proportion  of  the  tax 
within  mentioned,  and  that  upon  his  having  neglected  payment 
for  fourteen  days  after  demand  (omit  the  words  in  italics  if 
committed  on  special  warrant  under  section  9),  and  for  want 
of  goods  whereof  to  make  distress,  I  have  taken  his  body. 
The  cost  of  taking  and  committing  is 

C  D, 
Collector  of  Taxes  for  the  of 

No.  6.  —  Form  of  Collector's  Warrant   to   Sheriff,  etc.  Collector's 
TO  Distrain  or  Commit  under  Section  23.  '^'"'.4,"''o   . 

snerirr,  etc.,  to 
commonwealth    of    MASSACHUSETTS.  corarni"  under 

To  the  Sheriffs  of  our  several  Counties,  or  their  Deputies,  or  to 
any  Constable  of  the 

Greeting  : 
Whereas  a  resident  of  in  the  County 

of  ,  was  duly  assessed  for  the  year  eighteen  hundred 


section  : 


386  1888.  —  Chapter  890. 

(-.iiiectorv  war-  and  bv  the  Assessors  of  the  of  ,  a 

''^"'"  tax  in  the   sum  of  ;  and  the  same  now  remains 

unpaid  ;  Therefore, 

In  the  name  of  the  Commonwealth  of  Massachusetts,  you 
and  each  of  you,  are  required  and  directed  to  levy  and  collect 
said  tax,  and  for  that  purpose,  to  distrain  the  property  or  take 
the  body  of  the  said  ,  and  in  so  doing  to  proceed 

in  like  manner  as  Collectors  are  required  by  law  to  do  in  the 
like  cases,  viz.  :  — 

You   are   required   to  demand   payment  of  the  said  tax   of 
the  said  person  so  assessed,  either  personally  or  at  the  place 
of    his    usual   abode.   .   .   .  And    in    default    of    payment    of 
said   tax,  by  the    said  person  so  assessed    after  any  demand 
as  aforesaid,  you  are  thereupon  directed  and  required  forth- 
with "to  lev}'  and  collect  the  amount  of  said  tax,  or  so  much 
thereof  as  shall  not  be  abated  agreeably  to  law,  by  distrain- 
ing   the   goods    or   chattels   of    the    said   person   so    assessed 
sufficient  to  satisfy  and  pay  such  tax,  and  all  legal  costs  and 
charges  of  keeping  and  selling  the  same  (saving  nevertheless 
and  excepting  the  following  goods,  which  are  by  law  exempted 
from  distress  for  the  non-payment  of  taxes,  viz.  :  the  tools  or  im- 
plements necessary  for  the  trade  or  occupation  of  the  said  person 
so  assessed,  beasts  of  the  plow  necessary  for  the  cultivation  of 
his  improved  lands  ;  military  arms  ;  utensils  for  housekeeping, 
necessary  for  upholding  life  ;  and  bedding  and  apparel  neces- 
sary for  the  said  person  so  assessed  and  his  family).     And  the 
goods  and  chattels  so  distrained  by  you,  you  are  required  to 
keep  at  the  cost  and  charge  of  the  owner,  for  the  space  of  four 
days  at  the  least,  and  within  seven  daj^s  after  the  seizure  you 
shall  sell  the  same  at  public  auction,  for  the  payment  of  the 
tax,  and  of  the   charges  of  keeping,  and  of  the  sale  ;  having 
first  given  notice  of  such  sale  by  ])osting  up  a  notification  thereof, 
in  some  public  place  in  the  town  or  city  where  found,  fort^'-eight 
hours   at  least  before  the  sale  :    Provided,  however,  that  you 
may,  if  you  shall  see  fit,  once  adjourn  said  sale  for  a  time  not 
exceeding  three  daj^s,  in  which   case  you  shall  forthwith  give 
notice  of  such  adjournment  by  posting  up  a  notification  thereof 
of  the  time  and  place  of  sale.    And  if  said  distress  shall  be  sold 
for  more  than  the  tax  and  the  charges  of  keeping  the  distress, 
and  making  sale  thereof,  the  surplus  arising  from  such  sale,  if 
any  there  be,  you  are  required  to  deliver  and  pay  to  the  o'wner  of 
such  goods  or  chattels  upon  demand,  with  an  account  in  writing 
of  the  sale  and  charges.     And  if  said  person  so  assessed  shall 
neglect  or  refuse  to  pay  the  amount  of  his  said  taxes,  or  the 
sum  which  may  be  due  after  any  legal  abatement  of  the  same, 
for  the  space  of  fourteen  days,  from  and  after  such  demand  as 
aforesaid,  and  for  want  of  any  goods  or  chattels  of  any  person 
so  assessed,  whereon  to  make  distress,  to  be  by  him  shown  to 
you,  saving  and  excepting  the  goods  or  chattels  by  law  ex- 
empted from  distress  for  non-payment  of  taxes  as  aforesaid, 


1888.  —  Chapter  390.  387 

you  are  thereupon  in  the  cases  last  mentioned,  required  to  take 
the  body  of  th?  said  person  so  assessed,  and  him  commit  to  one 
of  the  comn  on  jails  in  the  county,  there  to  remain  until  he  shall 
pa}^  said  taxei  and  charges  of  commitment  and  imprisonment, 
or  until  he  shall  be  discharged  therefrom  hy  due  course  of  law. 

And  in  case  you  shall  commit  said  person  so  assessed  to 
prison  by  virtue  of  this  Warrant,  you  are  required  to  give  the 
keeper  of  the  prison  wherein  he  may  be  committed,  an  attested 
copy  of  this  Warrant  with  a  certificate  thereon  under  your  hand, 
setting  forth  the  sum  said  prisoner  is  to  pay  as  his  tax,  with 
costs  of  taking  and  committing  him,  and  that  said  person  has 
neglected  to  pay  said  tax,  within  fourteen  days  after  demand 
of  the  same  made  by  you,  and  for  want  of  goods  of  the  person 
delinquent  in  paying  his  tax  whereof  to  make  distress,  you  have 
taken  his  body  and  committed  him  to  prison,  as  aforesaid. 

Hereof  fail  not,  and  make  return  of  this  Warrant,  with  your 
doings  thereon,  within  sixty  days  from  the  date  hereof. 

Given  under  my  hand  and  seal  this  day  of  18      . 

C  D,  [seal.] 

Collector  of  Taxes  for  the  of  for  Year  18     . 

No.  7.  — FoKM  OF  Summons  under  Section  28.  Sumtnone under 

section  28. 

B,  ,18     . 

To 

Your  tax  for  the  year  18     ,  amounting  to    $  (and 

interest  thereon),  is  now  due.  You  are  required  to  pay  the 
same  within  ten  days  from  this  date  with  twenty  cents  for  this 
summons.  At  the  expiration  of  that  time,  if  the  tax  is  not 
paid,  the  collector  will  proceed  to  collect  the  same  according 
to  law.  C  D, 

Collector  of  Taxes  for  the  of 

No.  8.  —  Form  of  Demand  of  Tax  on  Real  Estate  under  Demand  of  tax 

o  on  on  real  estate 

OECTION    OV.  under  section  30. 

Collector's  Office,  C,  18     . 

To 

In  compliance  with  the  statute  I  hereby  demand  of  you  the 
payment  of  dollars,  that  being  the  amount  of  tax  assessed 

for  the  year  IS  on  the  estate  in  this  city  or  town  [here  give  a 
brief  statement  of  the  estate]  and  owned  (or  occupied)  by  you 
at  the  date  of  assessment.  You  are  hereby  notified  that  if  said 
amount,  together  with  the  legal  costs  and  charges  thereon,  is 
not  paid  within  fourteen  days  from  this  date,  the  said  estate 
will  be  sold  by  public  auction,  pursuant  to  law. 

CD, 
Collector  of  Taxes  for  the  of 

N.  B.  AVhen  the  demand  is  made  upon  an  attorney  this 
form  should  be  changed  accordingly. 


388 


1888.— Chapter  390. 


Collector's 
notice  of  sale  of 
real  estate  to  be 
published  in  a 
newspaper  ■ 
under  sections 
35  and  36. 


No.  9. — Form  of  Collector's 
Estate  to  be  Published  in  a 
35  AND  36. 


Notice   of   Sale    of   Real 
Newspaper  under  Sections 


collector  s  notice. 

B,  ,18     . 

The  owners  and  occupants  of  the  following  described  parcels 
of  real  estate  situated  in  the  city  or  toicn  of  ,  in  the 

county  of  and  Commonwealth  of  Massachusetts,  and 

the  public,  are  hereby  notified  that  the  taxes  thereon  severally 
assessed  for  the  years  hereinafter  specified,  according  to  the  list 
committed  to  me  as  collector  of  taxes  for  said  by  the 

assessors  of  taxes,  remain  unpaid,  and  that  said  parcels  of  real 
estate  will  be  offered  for  sale  by  public  auction  at  the 
in  said  on  »  18     ,  at        o'clock     m.,  for  the  pay- 

ment of  said  taxes  with  costs  and  charges  thereon,  unless  the 
same  shall  be  previously  discharged.  [Here  state  the  name  of 
the  party  taxed,  if  known  ;  a  substantially  accurate  description 
of  the  estate  ;  the  year  in  which  the  tax  is  assessed ;  and  the 
amount  of  the  tax  on  each  parcel  of  real  estate.] 

CD, 
Collector  of  Taxes  for  the  of 


No.  10.  —  [CTJider  section  37,  use  form  No.  9  for  notice  to  be 
posted  on  the  premises,  with  the  words,  "  This  estate  to  be  sold 
for  unpaid  taxes",  loritten  or  printed  at  the  top  of  the  notice.'] 


Affidavit  of 
disinterested 
person,  deputy 
collector  or 
collector  of 
demand  under 
section  39  to  be 
recorded  in  the 
registry  of 
deeds. 


No.  11. — Form  of  Affidavit  of  Disinterested  Person, 
Deputy  Collector  or  Collector  of  Demand  under  Sec- 
tion 39  TO  BE  Recorded  in  the  Registry  of  Deeds. 

S,  ,  18     . 

I  [A  B,  a  disinterested  j^erson,  or  a  deputy  collector,  or  collec- 
tor'] hereby  certify  that  on  the  day  of  ,  18  , 
I  served  upon  E  F  a  demand  for  the  payment  of  a  tax  of 
dollars  assessed  upon  him  by  the  assessors  of 
,  in  18  ,  upon  the  estate  in  said  [here 
give  a  substantially  accurate  description  of  the  estate] ,  with  a 
notice  that  if  said  amount,  together  with  the  legal  costs  (and 
interest)  thereon,  was  not  paid  within  fourteen  days  from  the 
date  thereof  that  the  said  estate  would  be  sold  by  public  auc- 
tion, pursuant  to  law.                                                              A  B. 


Commonwealth  of  Massachusetts. 
H  ,  ss.  18    . 

Then  personally  appeared  the  said  A  B,  and  made  oath  that  this  state- 
ment by  him  subscribed  is  true. 

Before  me. 

Justice  of  the  Peace. 


1888.  —  Chapter  390.  389 

No.   12. — Form  op  Affidavit  under  Section  39,  when  the  Affidavit  under 
Demand  is  made  upon  two  or  more  distinct  Persons.  thfd°emMru^° 

S-|  Q  made  upon  two 

?  ,   lo       .         Qj.  more  distinct 

I  [A  B,  a  disinterested  x>&^'son^  or  a  deputy  collector^  or  col-  pei-sons. 
lector']  hereby  certify  that   on   or  since  the  day  of 

,18  ,1  have  served  on  eacli  of  the  parties  here- 
inafter mentioned,  on  the  date  and  in  the  manner  specified,  as 
may  be  seen  by  reference  to  their  respective  names,  a  demand 
like  tlie  blank  hereunto  attached,  the  blanks  being  first  filled 
with  the  date,  name,  amount  of  the  tax,  and  location  of  the 
real  estate. 

A  B. 


Commonwealth  op  Massachusetts. 
H  ,  ss.  S,  ,  18     . 

Then  personallj'  appeared  the  said  A  B,  and  made  oath  that  the  above 
statement  by  him  subscribed  is  true. 

Before  me, 

Justice  of  the  Peace. 
[Here  annex  the  blank  form,  No.  8,  referred  to  in  the  affidavit.] 

No.  13. — Form   of  Affidavit   of  Posting  and    Publishing  Affidavit  of 
Advertisement  of  Sale  under  Section  39.  pCbHshing^ 

C  -ID  advertisement 

■^J  ,   lO       .         and  sale  under 

I,  A  B,  of  ,  in  the  County  of  ,  and  Common-  section  39. 

wealth  of  Massachusetts  [a  disinterested  person,  or  a  deputy 
collector,  or  collector  of  taxes] ,  hereby  certify  that  I  witnessed 
the  posting  [or  posted]  on  the  premises  named  therein  the 
printed  notice  hereto  annexed  of  the  collector  of  taxes  of  the 
(town  or  city)  of  for  the  sale  of  real  estate  [or  of  the 

various  parcels  of  real  estate]  situate  in  said  ,  for  non- 

payment of  taxes,  as  specified  in  said  notice  hereto  annexed, 
also  in  a  convenient  and  public  place,  to  wit :     The  ;  in 

said  (town  or  city),  and  that  said  notice  was  advertised  tliree 
weelvs  successively  in  the  ,  a  newspaper  published  in 

(city  or  town)  [or  if  there  is  no  such  7iervspaper,  state  that  fact 
and  add :  in  said  County'] ,  the  last  publication  being  at  least 
one  Aveek  before  the  advertised  time  of  sale  ;  and  that  said 
posting  was  done  three  weeks  before  the  time  of  sale,  in 
accordance  with  law.  A  B. 

Commonwealth  op  Massachusetts. 
H  ,  ss.  S,  ,  18     . 

Then  personally  appeared  the  above  named  ,  and  made  oath 

that  the  foregoing  statements  by  him  subscribed  are  true. 
Before  me, 

Justice  of  the  Peace. 
[Here  annex  a  copy  of  the  advertisement.] 


390  1888.  — Chapter  390. 

Peed  under  SCO-  ^O.   14. F0K5I    OF    DeED    UNDER    SECTIONS    43    AND    44. 

tioDs  43  and  44. 

COMMONWEALTH    OF    MASSACHUSETTS. 

To  all  Persons  to  ichom  these  Presents  may  C07ne, 

I,  ,  Collector  of  Taxes  for  the  of  ,  in  the 

Count}^  of  and  Commonwealth  of  Massachusetts, 

Send  Greeting  : 
Whereas,  the  Assessors  of  Taxes  of  said  of  ,  in 

the  lists  of  assessments  for  taxes,  which  they  committed  to  me 
to  collect  for  the  j^ear  one  thousand  eight  hundred  and  , 

duly  assessed  as  owner  of  the  real  estate  in  said 

,  which  is  hereinafter  described,  the  sum  of  dollars 

and  cents,  for  State,   City  or  To^t•n,  and  County  Taxes 

thereon  ;  and  whereas,  on  the  day  of  ,  a.d.  18     , 

I  duly  demanded  of  said  [if  the  demand  was  made  on  a  mort- 
gagee or  an  attorney  of  a  non-resident  owner  here  insert  the 
fact]  the  payment  of  said  taxes,  so  as  aforesaid  assessed 

on  said  real  estate,  and  the  same  were  not  paid  ;  and  whereas, 
after  the  expiration  of  fourteen  daj's  from  the  time  of  demand- 
ing payment  of  said  taxes  as  aforesaid,  the  same  still  remaining 
unpaid,  I  duly  advertised  said  real  estate  to  be  sold  b}'  public 
auction  for  the  payment  of  said  taxes,  and  all  incidental  costs 
and  expenses,  on  the  ,  a.d.  18     ,  at  o'clock  in  the 

,  at  the  ,  in  said  ,  by  publishing  an  advertisement 
thereof,  containing  also  a  substantially  accurate  description, 
and  the  name  of  the  owner  of  said  real  estate,  and  the  amount 
of  the  taxes  so  as  aforesaid  assessed  thereon,  in  the  , 

a   newspaper  published  in  ,  in  the  county  where  said 

real  estate  lies,  three  weeks  successive!}',  the  last  publication 
whereof  was  one  week  before  the  time  appointed  for  the  sale, 
and  by  posting  the  said  advertisement  in  public  and  con- 
venient place  in  said  ,  to  wit :  the  ,  and  also  on 
said  real  estate,  three  weeks  before  the  time  appointed  for  said 
sale  ;  and  whereas,  said  taxes  so  as  aforesaid  assessed  on  said 
real  estate  not  being  paid,  I  proceeded  at  the  time  and  place 
appointed  as  aforesaid  for  the  sale,  to  sell  said  real  estate  bj' 
public  auction  for  the  discharging  and  payment  of  said  taxes 
thereon,  and  said  incidental  costs  and  expenses*  [if  the  sale 
is  adjourned  add  here],  and  no  person  appeared  and  bid  for  the 
estate  thus  offered  for  sale  an  amount  equal  to  the  said  taxes 
and  costs  and  expenses,  and  I  thereupon,  at  said  time  and 
place  appointed  for  sale,  adjourned  said  sale  until  the 
day  of  ,  A.D.  18  ,  at  o'clock  in  the  forenoon,  at  the 
same  place,  and  then  and  there  made  public  proclamation  of 
i  said  adjournment ;  and  in  like  manner  in  all  respects,  I  ad- 
journed said  sale  from  time  to  time,  to  the  same  hour  and 
place,  and  then  and  there  made  public  proclamation  of  said 
adjournments  ;  and  at  the  time  and  place  so  fixed  and  pro- 
claimed for  making  said  sale  on  each  of  the  several  days,  at 
the  said  hour  and  place,  I  proceeded  to  offer  for  sale  said  real 


1888.  —  Chapter  390.  391 

estate  by  public  auction  for  tlie  payment  of  said  taxes,  costs  Deed  under  sec- 

•  -1  1       ^       -^1  ^-  c         t    tions  43  and  44. 

and  expenses,  and  no  person  appeared  at  either  time  so  tixed 
by  adjournment  for  said  sale  and  bid  a  sum  equal  to  said  taxes, 
costs  and  expenses,  until  on  ,  the  day  of  .  18      ; 

and  at  the  said  time  and  place  so  fixed  for  said  sale  by  the  last 
of  the  said  adjournments,  namely,  on  the  day  of  ,  a.d.  18 
[use  such  of  these  averments  as  will  conform  to  the  facts], 
1  proceeded  again  to  offer  for  sale  by  public  auction  said  real 
estate  for  the  payment  of  said  taxes  and  costs  and  expenses,  and 
the  said  real  estate  was  struck  off  to  of  ,  in  the  county 

of  and  State  of  ,  for  the  sum  of  dollars  and 

cents,  he  being  the  highest  bidder  therefor ; 

Therefore,  know  ye,  that  I,  the  said  ,  Collector  of 

Taxes  as  aforesaid,  by  virtue  of  the  power  vested  in  me  by 
law,  and  in  consideration  of  the  said  sum  of  dollars  and 

cents  to  me  paid  by  said  ,  the  receipt  whereof 

I  do  hereby  acknowledge,  do  hereby  give,  grant,  bargain,  sell 
and  convey  unto  the  said  the  following  described 

real  estate,  the  same  being  the  land  taxed  as  aforesaid,  to  wit : 
[Here  describe  the  estate.] 

To  have  and  to  hold  the  same,  to  the  said  heirs 

and  assigns,  to  their  use  and  behoof  forever  ;  subject  to 

the  right  of  redemption  by  any  person  legally  entitled  to  re- 
deem the  same. 

And  I,  the  said  collector,  do  covenant  with  the  said 
heirs  and  assigns,  that  the  sale  aforesaid  has,  in  all  particu- 
lars, been  conducted  according  to  the  provisions  of  law.f 

In  witness  whereof,  I,  the  said  ,  Collector  as  afore- 

said, have  hereunto  set  my  hand  and  seal,  this  day  of 

,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and 

[seal.] 
Collector  of  Taxes  for  the         of 

Signed,  sealed  and  deliuered  in  presence  of 

ss.  18 

Then  personally  appeared  the  above  named  ,  Collector  of 

Taxes  for  the  of  ,   and  acknowledged  the  foregoing 

instrument  to  be  his  free  act  and  deed. 
Before  me, 

Justice  of  the  Peace. 

No.  15.  —  Form  of  Deed  when  the  City  or  Town  is  the  Deed  when  lU- 
Purchaser  under  Sections  48  and  50.  the  p"uchTsei'* 

iindei  seclions 
commonwealth    of    MASSACHUSETTS.  4>  and  oO. 

[Proceed  as  in  No.  14  to  the  *  and  continue  as  follows  :  — ] 
and  no  person  appeared  and  bid  for  the  estate  thus  offered  for 
sale  an  amount  equal  to  the  said  taxes  and  costs  and  expenses, 
and  I  thereupon,  at  said  time  and  place  appointed  for  sale, 
adjourned  said  sale  until  the  day  of  , 


392  1883.  —  CiiArTER  390. 

A.D.  18     ,  at  o'clock  in  the  forenoon,  at  the  same  place, 

and  then  and  there  made  public  proclamation  of  said  adjourn- 
ment ;  and  in  like  manner  in  all  respects,  I  adjourned  said 
sale  from  time  to  time,  to  the  same  hour  and  place,  and  then 
and  there  made  public  proclamation  of  said  adjournments  ;  and 
at  the  time  and  place  so  fixed  and  proclaimed  for  making  said 
sale  on  each  of  said  several  days,  I  proceeded  to  offer  for  sale 
said  real  estate  by  public  auction  for  the  payment  of  said  taxes, 
costs  and  expenses,  and  no  person  appeared  at  either  tune  so 
fixed  bj^  adjournment  for  said  sale  and  bid  a  sum  equal  to  said 
taxes,  costs  and  expenses,  and  at  the  time  and  place  so  fixed 
for  said  sale  by  the  last  of  the  said  adjournments,  nameW,  on  the 
day  of  ,  A.D.  18     ,  at  o'clock  in  the  fore- 

noon, I  made  a  public  declaration  of  all  the  facts  hereinbefore 
recited ;  and  no  person  then  appeared  and  bid  a  sum  equal  to 
said  taxes,  costs  and  expenses  [if  only  one  adjournment  is 
made,  change  these  averments  to  conform  to  the  facts]  ;  and  I 
thereupon  then  and  there  immediately  gave  public  notice  that 
I  should,  and  that  I  then  and  there  did  purchase  on  behalf  of 
the  said  of  ,  said  real  estate  for  the  sum  of 

dollars  and  cents,  being  the  amount  of  said  taxes  and 

said  incidental  costs  and  expenses  ; 

Therefore  know  ye,  that  I,  the  said  ,  Collector  of 

Taxes  as  aforesaid,  by  virtue  of  the  power  vested  in  me  by  law, 
and  in  consideration  of  the  premises,  hereby  give,  grant,  bar- 
gain, sell  and  convey  unto  the  said  of  ,  the  fol- 
lowing described  real  estate,  the  same  being  the  land  taxed  as 
aforesaid,  to  wit :     [Here  describe  the  estate.] 

To  have  and  to  hold  the  same,  to  the  said  of  , 

and  its  assigns,  to  its  and  their  use  and  behoof  forever;  sub- 
ject to  the  right  of  redemption  by  any  person  legally  entitled 
to  redeem  the  same. 

And  I,  the  said  Collector,  do  covenant  with  the  said  of 

,  and  its  assigns,  that  the  sale  aforesaid  has,  in  all  par- 
ticulars, been  conducted  according  to  the  provisions  of  law. 
[Conclude  as  in  No.  14  from  thef.] 

]»octl  tocity  or  J^^      lg_ FORM    OF    DeED   TO   ClTl'  OR   ToWN,    WHEN   THE   PuR- 

toun  when  the  ir.  r/\ 

purchaser  fails  CHASER   FaILS    TO    PaY,    ETC.,    UNDER    SECTIONS    49    AND    50. 

ti)  pay,  etc., 

under  sections         [Proceed  as  in  No.  14  to  the  *  and  continue  as  follows  : — ] 
and  the  said  real  estate  was  struck  off  to  of 

in  the  County  of  and  State  of  for  the  sum 

of  dollars  and  cents,  he  being  the  highest  bidder 

therefor ;  and  whereas,  the  said  failed  to  pay  to 

me  the  sum  offered  by  him  as  aforesaid,  and  receive  his  deed  of 
the  premises  bid  off  by  him,  within  ten  days  after  the  said  sale, 
and  the  said  sale  became  null  and  void,  and  the  said 
of  thereby  became  the  purchaser  of  the  premises  so 

bid  off  by  the  said  for  the  sum  of  dollars 


1888.  — Chapter  390.  393 

and  cents,   being   the   amount  of    said  taxes   and   said 

incidental  costs  and  expenses  ; 

Therefore   know   ye,   that   I,   the    said  Collector  of 

Taxes  as  aforesaid,  by  virtue  of  the  power  vested  in  me  by 
law,  and  in  consideration  of  the  premises,  hereby  give,  grant, 
bargain,  sell  and  convey  unto  the  said  of  ,  the 

following  described  real  estate,  the  same  being  the  land  taxed 
as  aforesaid,  to  wit :   [Here  describe  the  estate.] 

To  have  and  to  hold  the  same,  to  the  said  of  , 

and  its  assigns,  to  its  and  their  use  and  behoof  forever  ;  subject 
to  the  right  of  redemption  by  any  person  legally  entitled  to 
redeem  the  same. 

And  I,  the  said  Collector,  do  covenant  with  the  gaid 
of  ,  and  its  assigns,  that  the  sale  aforesaid  has,  in  all 

particulars  been  conducted  according  to  the  provisions  of  law. 
[Conclude  as  in  No.  14  from  the  f-] 

No.    17, — Form    of   Notice   of   Intention  to   take    Real  Notice  of 

Estate  under  Section  52.  teke"r'e°ai  eetate 

under  section  52. 
COLLECTORS    NOTICE. 

The  owners  and  occupants  of  the  following-described  parcels 
of  real  estate  situate  in  the  of  ,  in  the  County 

of  ,    and   Commonwealth   of   Massachusetts,    and   all 

other  persons,  are  hereby  notified  that  the  taxes  thereon, 
severally  assessed  for  the  year  hereinafter  specified,  according 
to  the  list  committed  to  me  as  Collector  of  Taxes  for  the 
said  of  ,  by  the   Assessors   of   Taxes  of  said 

,  remain  unpaid,  and  that  said  j^f^^'cels  of  real  estate 
will  be  taken  for  the  said  of  ,  on  the 

day  of  A.  D.  18       ,  at  o'clock  m.,  for 

the  payment  of  said  taxes,  together  with  the  costs  and 
charges  thereon,  unless  the  same  shall  be  previously  dis- 
charged. [Here  state  the  name  of  owner  or  occupant,  a 
description  of  the  parcel  or  parcels  of  lands,  the  year  for 
which  the  taxes  were  assessed,  and  the  sum  assessed  upon 
each   parcel.]  C   D, 

Collector  of  Taxes  for  the  of 

B,  18       . 

No.  18.  —  Form   of  Affidavit   of   Demand   and   Notice  to  Affidavit  of 

BE     ANNEXED     TO    THE     INSTRUMENT    OF    TAKING     UNDER     SeC-  QoUceto'be' 

TION    53.  annexed  lo  the 

instrument  of 

I,  C  D,  of  ,  in  the  County  of  ,  and  Com-  ^'^^^jlf/l^^''*' 

monwealth  of  Massachusetts,  on  oath  depose  and  say  that 
on   the  day   of  a.d.   18       ,  I,   as   Collector 

of  Taxes  for  the  of  ,  made  a  written  demand 

on  for   the    amount   of   the   tax    assessed   by  the    as- 

sessors  of    said  of  ,    as   of   the   first   dav   of 


394  1888.  —  Chapter  390. 

May,  A.D.    18       ,  upon   the   said  ,    -nith   the    costs 

then   clue    on   certain   real   estate   situated   in   said  of 

,  by  [Here  state  manner  in  which   the  demand  was 
made],  of  which  the  following  is  a  true  copy:  — 

"  Collector's  Office,  18 

To  ,   I   hereby   demand   of   you   the  payment   of 

dollars,  and  cents,  that  being  the  amount  of 

tax  assessed  for  the  year  18         by  the  assessors  of  , 

on  the  real  estate  [Here  describe  the  estate]  owned  bj'  you. 
You  are  hereby  notified  that  if  said  amount,  together  with 
the  costs  thereon,  is  not  paid  within  fourteen  days  from 
this  date,  the  said  real  estate  will  be  taken  for  said  taxes 
for   the   said  of  .      Tax,    $  ; 

costs    and   charges,    $  .  CD, 

Collector  of  Taxes  for  the  of  ." 

[If  notice  is  published  and  posted,  add  :]  And  I,  the  said 
C  D,  do  further  depose  and  say  that  I  posted  and  published 
notices,  of  which  the  following  is  a  copy  [Here  annex  a 
cop3^  of  the  notice],  as  follows:  A  copy  thereof  was  posted 
on  [Here  state  where  posted],  and  I  also  published  a  copy 
of  said  notice  in  the  ,  a  newspaper  published  in  said 

[If  there  be  no  such  paper  published   in  said  town, 
state   the  fact  and  add,  "in  in  said  county"],  three 

weeks  successively,  that  the  posting  of  said  notices  and  the 
first  publication  thereof  was  more  than  fourteen  days  after 
the  making  the  demand  as  aforesaid  ;  and  I  do  further  depose 
and  say  that,  at  the  date  of  the  instrument  of  taking,  hereto 
annexed,  the  amount  of  taxes  due  on  the  estate  therein  de- 
scribed, with  the  costs  and  expenses,  amounted  to  the  sum 
of  dollars   and  cents,  and   that   the  parcel  or 

]jarcels  or  lot  or  lots  of  land  were  taken  for  the  reason  that 
the  taxes   remained   unpaid   at  the  time  of   the   said   taking. 

C   D, 
Collector  of  Taxes  for  the  of 

B  ,  ss.  18     . 

Then  personally  appeared  the  above  named   C  D,  and  made  oatli 
tliat  the  foregoing  affidavit  by  him  subscribed  is  true. 
Before  me, 

Justice  of  the  Peace. 

Taking  of  real      ]\fo.       IQ.  FORM      OF      TaKING        OF       ReAL        EsTATE       UNDER 

estate  under  ,,  .  . 

section  54.  OECTION    04. 

Whereas,  the   tax   assessed   by  the  assessors  of  as 

of  the  first  day  of  May,  in  the  year  18       ,  upon  E  F  as  the 

owner  (or  occupant)  of  the  real  estate  hereinafter  described, 

was   duly  committed   to   me    as   Collector  of   Taxes   for  said 

of  ;   and   whereas,  the   said   taxes,  amount- 


1888.  —  Chapter  390.  395 

iug  to  dollars  and  cents,  have  not  been  paid  ; 

and  whereas,  a  demand  for  the  payment  of  said  taxes  and 
the  costs  and  expenses  then  due  was  made  by  me  on  the 
said  E  F  on  the  day  of  ,  last  past,  in  con- 

formity to  law  ;  and  whereas,  notice  of  my  intention  to  take 
said  real  estate  by  virtue  of  the  authority  vested  in  me  as 
Collector  of   Taxes   for  said  has  been  duly  made,  as 

by  law  required ;  and  whereas,  the  said  taxes,  at  the  date 
of  this  instrument,  remain  unpaid  ;  now,  therefore,  know  all 
men  by  these  presents,  that  I,  C  D,  as  Collector  of  Taxes 
as  aforesaid,  by  virtue  of  the  power  and  authority  in  me 
vested  as  aforesaid,  have  taken,  and  by  these  presents  do 
take,  for  the  said  of  ,  subject  to  redemption 

according  to  law,  the  following  described  lot  or  parcel  of 
land,  with  the  buildings  thereon,  the  same  being  the  estate 
assessed  as  aforesaid,  to  wit:  [Here  describe  the  estate.] 
The  said  E  F  is  the  only  person  known  to  me  as  owner  of 
the  above  described  estate. 

In  witness  whereof,  I,  the  said  C  D,  as  Collector  as  afore- 
said,   hereunto    set   my   hand   and    seal    this  day   of 
,  in  the  year  eighteen  hundred  and 

C   D,         [seal.] 
Collector  of  Taxes  for  the  of 

No.   20. — Form  of   Deed   by  City  or  Town  when  Estate  Deed  by  city  or 
IS  Redeemed  under  Section  57,  to  be   Executed  by  the  g°^tVig^'*" 
Proper  Officers  of  the  City  or  Town.  redeemed  under 

section  57,  to  be 

KNOW    ALL    MEN    BY   THESE    PRESENTS,  executed  by  the 

proper  oincere 

That   the  of  ,  in  consideration    of  ,  to   it  of  the  city  or 

paid  by  of  ,  the  receipt  whereof  is  hereby  acknowl- 

edged, does  hereby  remise,  release,  and  forever  qnitdahn  unto 
the  said  all  the  right,  title  and  interest  which  the  said 

of  acquired,  by  or  under  a  deed  made  to  it  by  ,  the 

Collector  of  Taxes  for  said  (City  or  Town),  dated  the  day 

of  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  ,  and  recorded  with  Deeds,  Lib.         Fol. 

in  and  to  the  following  parcel  of  real  estate  in  said  ,  viz.  : 

[Here  describe  the  estate.] 

To  have  and  to  hold  the  above  released  premises,  with  all  the 
privileges  and  appurtenances  to  the  same  belonging,  to  the 
said  ,  heirs  and  assigns,  to  use  and  behoof  forever. 

In  witness  whereof,  the  said  of  has  caused  its 

corporate  seal  to  be  hereunto  affixed,  and  these  presents  to  be 

signed,  acknowledged  and  delivered  in  its  name  and  behalf  by 

,  its  ,  hereto  duly  authorized,  tiiis  day  of  , 

in  the  year  of  our  Lord  eighteen  hundred  and 

Town  (or  City)  of  .  [seal.] 

Signed  and  sealed  in  presence  of 

By 


39G 


1888.  — Chapter  390. 


No.  21. — Form  of  Affidavit  of  a  Disinterested  Person  of 
Search  for  Purchaser,    his    Agent  or    Attorney    when 


Affidavit  of  a 
disiuterested 
person  of 

chaeeVhisaglut         THEY    CANNOT    BE    FOUND,  UNDER    SECTION  58. 
or  attorney 

I,  A  B,  on  oath  depose  and  say  that  in  behalf  of  C  D,  who 
claims  a  right  to  redeem  certain  lands  situated  in  the 


when  they  can- 
not be  found, 
iinJer section  5S 


of  ,  which  were  sold  b}'^  Collector  of 

Taxes  for  said  for   non-payment    of    taxes    assessed 

upon  and  described  in  a  deed   of   said   Collector  to 

,  dated  18     ,  and  recorded  with  Deeds, 

Libro  Folio  I  have  made  diligent  search  for 

said  purchaser  in  the  place  of  which  he  is  described  as  a 
resident,  and  that  I  have  also  made  diligent  search  for  an 
agent  or  attorney  of  such  purchaser,  but  after  such  diligent 
search  have  been  unable  to  find  either  the  purchaser  or  any 
such  agent  or  attorney.  A  B. 


,  ss.  ,  18    , 

Then  personally  appeared  the  above  named  A  B,  and  made  oath  that 
the  foregomg  statement  by  him  subscribed  is  true. 

Before  me, 

Justice  of  the  Peace. 


Receipt  by 
collector  to  a 
mortgagee 
under  section  ( 


No.  22. — Form  of  Receipt  by  Collector  to  a  Mortgagee, 
UNDER  Section  60. 

Collector's  Office,  18     . 

I,  ,  Collector  of  Taxes  for  the  of  , 

hereby  certify  that  the  Assessors  of  Taxes  of  said  of 

,  in  the  list  of  assessments  for  taxes,  which  they  com- 
mitted to  me  to  collect  for  the  year  one  thousand  eight  hun- 
dred and  ,  duly  assessed  the  sum  of 
dollars  and                   cents,  as  owner  of  the  real  estate  situated 
as  follows,  viz.  :  — 

and  I  further  certify  that  the  said  neglected  to  pay 

such  tax  for  three  months  after  demand,  and  1  thereupon  made 
a  demand  therefor  upon  who  claimed  to  be  the  holder 

of  a  mortgage  upon  said  real  estate  ;  and  that  the  said 

has  paid  to  me  the  sum  of  dollars  and 

cents,    being  the   amount   of    said   tax,    with   all    intervening 
charges  and  expenses,  the  receipt  of  which  1  hereby  acknowl- 
edge. C  D, 
Collector  of  Taxes  for  the  of 


S  ,  ss.  18     . 

Then  personally  appeared  the  above  named  ,  Collector  of  the 

of  and  made  oath  to  the  statement  by  him  subscribed. 

Before  me, 

Justice  of  the  Peace. 


1888.  —  Chapter  390.  397 


No.  23. — Form  of  Receipt    by  Collector   under   Sections  Receipt  by  coi- 

„^  ^ -,  lector  under  sec- 

bi  AND    b::.  tions  61  and  62. 

Collector's  Office,  18     . 

I,  ,  Collector  of  Taxes  for  the  of  , 

hereby  certify  that  the  Assessors  of  Taxes  of  said  of 

,  in  the  list  of  assessments  for  taxes,  which  they  com- 
mitted to  me  to  collect  for  the  year  one  thousand  eight  hun- 
dred and  ,  duly  assessed  the  sum  of 
dollars  and                 cents,  as  owner  of  the  real  estate  situated 
as  follows,  viz.  :  — 

and  I  further  certify  that  proceedings  have  been  com- 
menced by  me  for  the  sale  of  said  real  estate  for  said  tax,  and 
that  who   claimed   to   be   the  holder  of    a  mortgage 

thereon,  has  paid  to  me  the  sum  of  dollars  and 

cents,  being  tbe  amount  of  said  tax,  with  all  intervening 
charges  and  expenses,  the  receipt  of  which  I  hereby  acknowl- 
edge, said  receipt  having  been  demanded  by  said  mortgagee. 

C  D, 
Collector  of  Taxes  for  the  of 

S  ,  ss.  18     . 

Then  personally  appeared  the  above  named  ,  Collector  of 

Taxes  for  the  of  ,  and  made  oath  to  the  statement  by 

him  subscribed.  Before  me, 

Justice  of  the  Peace. 

N"o.  24. — Form  of  Notice  of  Sale   of  Unredeemed   Eeal  Notice  of  sale 
Estate,    in   behalf    of   a   City   or    Town,  within    Two  "eai'estalrhi*'^ 
Years  after   Expiration    of  the    Right    of  Redemption,  beimif  of  a  city 

...,„„„    o ,    rr"  or  town,  within 

UNDER    Section    66.  two  years  after 

Sale  of  Unredeemed  Real  Estate  by  the  of         .  the  right  of 

redemption, 

Collector's  Office,  B,  ,  18     .       muier section ee. 

In  conformity  with  the  laws  of  the  Commonwealth  of  Massa- 
chusetts, the  public  and  all  persons  interested  as  former  owners 
and  occupants  of  each  of  the  following  described  parcels  of  real 
estate  situated  iu  the  of  in  the  County  of  and 

Commonwealth  aforesaid,  are  hereby  notified  that  said  parcels 
having  been  conveyed  according  to  law  to  said  [Town  or  City 
of]  for  non-payment  of  taxes  and  assessments  and  the  time 
within  which  each  of  the  estates  might  be  redeemed  by  the 
owners  thereof  having  expired,  each  of  said  parcels  will  be 
offered  for  sale  in  accordance  with  Section  65,  of  Chapter 
of  the  Acts  of  the  year  1888,  by  public  auction  at  the  in 

said  B  on  the  day  of  a.d.  18     ,  at 

o'clock  M.,  and  to  the  highest  bidder  for  each  of 
the  several  parcels  a  quitclaim  deed  will  be  delivered.  For 
further  particulars  reference  is  made  to  the  Registry  of  Deeds 
of  the  County  of  ,  the  volume  and  folio  numbers  following 


398  1888.  —  Chapter  390. 

the  description  of  each  parcel,  indicating  the  record  of  the  deed 
under  which  the  said  of  now  holds  title  to  the 

estate  described. 

The  sums  set  against  the  several  estates  show  the  amounts 
due  thereon  respectivel}'  for  the  taxes  and  assessments  for  the 
non-payment  of  which  said  estate  was  sold  to  (or  taken  by)  the 
said  together  with  the  subsequent  taxes  and  assessments, 

interest  on  the  same,  and  all  lawful  costs  and  Miarges.  And 
none  of  the  said  estates  will  be  sold  for  less  than  the  amount 
set  against  the  said  estates,  respectively. 

[Here  set  out  the  name  of  original  owner  or  occupant  if 
known,  a  description  of  each  parcel,  the  place  of  registry,  vol. 
and  folio,  the  j^ears  in  which  assessed  and  the  amount  for  not 
less  than  which  the  sale  will  be  made.] 

C  D, 
Collector  of  Taxes  for  the  of 


Deed  of  No.      25. FORM      OF      DeED      OF      UNREDEEMED      TaX      TiTLE 

tax  title  under  TXDER     SECTION     66. 

section  66. 

KNOW    ALL    MEN    BY   THESE    PRESENTS, 

That,  whereas  the  real  estate  hereinafter  described  was  by 
deed  of  ,  Collector,  dated  a.  d.   18     ,  and 

recorded  with  Deeds,  Lib.  Fol.  ,  duly 

conveyed  to  the  of  ,  a  municipal  corporation 

legally  established  in  the  County  of  and  Commonwealth 

of  Massachusetts,  for  the  non-payment  of  taxes,  and  whereas 
no  person  lawfully  entitled  has,  within  the  time  prescribed  by 
law,  redeemed  said  real  estate,  and  whereas  I,  the  Collector  of 
Taxes  of  the  said  of  ,  acting  under  the  provisions 

of  chapter  of  the  Acts  of  the  year  eighteen  hundred  and 

eighty-eight,  duly  advertised  said  real  estate  to  be  sold  by 
public  auction  on  the  day  of  ,18     ,  at         o'clock  in 

the  forenoon,  at  the  in  said  of  ,  by  publish- 

ing an  advertisement  thereof,  containing  a  substantially  accurate 
description  of  said  real  estate  in  the  ,  a  newspaper  pub- 

lished in  ,  three  weeks  successively,  the  last  publication 

whereof  was  at  least  one  week  before  the  time  appointed  for  the 
sale,  and  by  posting  a  like  advertisement  in  public  and  con- 
venient place  in  said  of  ,  to  wit :  the  ,  in  said  city  or 
town  and  also  on  said  real  estate,  three  weeks  before  the  time 
appointed  for  said  sale  ;  and  whereas,  the  amounts  due  on  said 
estate  not  being  paid,  the  of  by  the  Collector, 

,  thereto  duly  authorized  by  statute,  proceeded  at  the  time 
and  place  appointed  as  aforesaid  for  the  sale,  to  sell  real  estate 
by  public  auction,  and  the  said  real  estate  was  then  and  there 
struck  off  to  ,  of  ,  in  the  County  of  ,  and 

State  of  ,  for  the  sum  of  dollars  and         cents,  he 

being  the  highest  bidder  therefor ; 


1888.  —  Chapter  390.  399 

Now,  therefore,  tlie  of  ,  by  its  Collector  of  Taxes, 

by  virtue  of  the  statutes  in  such  case  made  and  provided,  and 
every   other    power    hereto   it    enabling,    in   consideration   of 
dollars  and         cents  paid  by  said  ,  the  receipt 

whereof  is  hereby  acknowledged,  does  hereby  remise^  release, 
and  forever  quitclaim  unto  the  said  ,  heirs  and  assigns, 

all  the  right,  title  and  interest  which  the  said  of 

acquired,  by  or  under  the  deed  above  mentioned,  in  and  to  the 
following  parcel  of   real  estate  in  said  ,  viz.  :    [Here 

describe  the  estate.] 

To  have  and  to  hold  the  above  released  premises,  with  all  the 
privileges  and  appurtenances  thereto  belonging,  to  the  said  , 
his  heirs  and  assigns,  to  his  and  their  use  and  behoof  forever. 

In  witness  whereof,  the  said  of  has  caused  its 

seal   to   be   hereto  affixed  and   these    presents   to  be    signed, 
acknowledged   and   delivered   in  its   name   and   behalf    by  its 
Collector  of  Taxes,  hereto  duly  authorized  by  law  this 
day  of  ,  in  the  year  eighteen  hundred  and 

Town  (or  City)  of  .  [seal.] 

By  C  D, 
Collector  of  Taxes  for  the  of 

[To  be  acknowledged  by  the  Collector  as  the  free  act  and  deed  of  the 
City  or  Town.] 

No.  26.  —  Form   of  Affidavit   of   Collector   of  the  Nox- Affidavit  of 
Appearance    of    a    Purchaser,    or   the  Failure  of  Bid-  '=o"ector  of  the 

o  XI  o  ^-.  noii-appearanee 

der  to  Fay  the  bUM  Bid,  ukder  Section  6<.  of  a  purchaser, 

or  the  failure  of 

I,  C  D,  Collector  of  Taxes  for  the  of  in  the  l^^efnM,^' 

County  of  and  Commonwealth  of  Massachusetts  on  oath  under  section  67. 

depose  and  say  that  the  advertisement  of  the  sale  of  unredeemed 
real  estate,  a  copy  of  which  is  hereto  annexed,  was  published 
and  posted  according  to  the  requirements  of  law,  and  that  at  the 
time  and  place  of  sale  as  stated  in  the  same  [no  person  appeared 
and  bid  for  the  real  estate  advertised  in  said  advertisement 
against  the  name  of  the  sum  or  amount  therein  stated,  or 

more]  and  the  estate  advertised  as  aforesaid  against  the  name 
of  was  struck  off  to  A  B,  for  the  sum  of  dollars 

and  cents,  he  being  the  highest  bidder  therefor,  I  further 

depose  and  say  that  said  A  B  failed  to  pay  to  me  as  such 
Collector,  within  ten  days,  the  sum  offered  by  him  for  said 
estate.  C  D, 

Collector  of  Taxes  for  the  of 

S  ,  ss.  .  18     . 

Then  personally  appeared  the  above  named  C  D,  Collector  of  Taxes 
for  the  of  ,  and  made  oath  that  the  above  statement  by 

hun  subscribed  is  true. 

Before  me, 

Justice  of  the  Peace. 
[Here  annex  a  copy  of  the  advertisement.] 


400 


1888.  —  Chapter  390. 


Notices  w)ieii 
tax  title  is 
deemed  invalid 
under  sections 
69  and  72. 
(From  assessors 
to  collector.) 


(From  the 
collector  to  the 
holder  of  the 
title  ) 


No.  27.  —  Forms  of  Notices  when  Tax  Title  is  Deemed  In- 
valid, UNDER  Sections  69  and  72. 

(from  the  assessors  to  THE  COLLECTOR.) 

Office  of  the  Board  of  Assessors,  18     . 

To  the  Collector  of  Taxes  for  the  of 

Sir :  You  are  hereby  notified  that  the  tax  assessed  as  of  the 
first  daj'  of  May,  18     ,  in  the  name  of  upon  an  estate 

estimated  to  contain  [here  insert  the  area]  land,  situated  [here 
insert  the  name  of  street  or  other  description]  was  invalid  by 
reason  of  error  in  assessment ;  and  that  any  deed  given  by 
you  in  consequence  of  a  sale  for  the  non-payment  of  such 
tax  conveyed  no  valid  title  to  the  purchaser.  And  the  Board 
approves  of  your  sending  a  notice  to  that  effect  to  the  owner 
of  said  estate. 

Board  of  Assessors  of  the  of  ,  by 

A  B, 
One  of  said  Assessors. 

No.  28.  — 

(from  the  collector  to  the  holder  of  the  title.) 

Collector's  Office,  18     . 

To 

You  are  hereby  notified  that  I  have  reason  to  believe  that 
the  tax  assessed  as  of  the  first  day  of  May,  18  ,  in  the  name 
of  upon  an  estate  estimated  to  contain  of 

land,  situated  [here  describe  the  estate],  being  the  same  estate 
conveyed    to  by  Collector,    and    recorded 

with  Deeds,  Libro  P'olio  was,  in  my 

opinion,  invalid  by  reason  of  an  error  in  the  assessment 
or  in  the  proceedings  for  the  sale.  [Here  give  a  brief  state- 
ment of  the  defect:]  and  I  do  hereby,  with  the  ap- 
proval of  the  assessors  of  said  ,  notify  and  require  you, 
within  thirty  days  from  the  time  when  this  notice  shall  be 
served  upon  you,  to  surrender  and  discharge  the  deed  so  given, 
and  to  receive  from  the  of  the  sum  due  there- 
for, with  interest  as  provided  by  law,  or  to  file  with  the  Col- 
lector a  written  statement  that  you  refuse  to  make  such  sur- 
render and  discharge. 

C  D, 
Collector  of  Taxes  for  the  of 

Apiwoved  May  23,  1S88. 


1888.  — Chapters  391,  392.  401 


An  Act  to  amend  section   one  of  chapter  three  hundred  C'Tinn'Af)] 

AND   five   of   tub   ACTS   OF   THE   YEAR    EIGHTEEN    HUNDRED   AND 
EIGHTY-SIX   CONCERNING   THE  PUNISHMENT   FOR   RAPE. 

Be  it  enacted,  etc.,  as  folloios : 

Section  one  of  chapter  three  hundred  and  five  of  the  Age  of  consent, 
acts  of  the  year  eighteen  hundred  and  eighty-six  is  here- 
by amended   in  the  second  and  fourth   lines  thereof  hy 
striking  out  the  word  "  thirteen"  in  each  of  said  lines  and 
inserting  in  place  thereof  the  word  :  —  fourteen,  —  so  that 
the  same   shall  read  as  follows  :  —  Sect  ion  1.     Whoever 
ravishes  and  carnally  knows  a  female  of  the  age  of  four- 
teen years  or  more  by  force  and  against  her  will,  or  un- 
lawfully and   carnally  knows  and  abuses   a  female   child 
under  the   Jige  of  fourteen  years,  shall   be  punished    by  Punishment 
imprisonment  in  the  state  prison  for  life,  or  for  any  term  ^''''''^p®- 
of  years.  Approved  May  23,  1888. 

An  Act  to  enable  the  city  of  .boston,  for  the  purpose  of  n],fiy^  3^2 

OBTAINING   LANDS   FOR    ITS    PUBLIC    PARKS,   TO   INCUR    INDEBTED-  "^ 

NESS   OUTSIDE   OF  THE   LIMIT   FIXED   BY  LAW. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  citv  of  Boston   for  the  purpose  of  J^*y '^^^^  , 

1.  "i  I  !•    •  11  If  bonds,  elc,  to 

purchasing  or  taking  such  additional  lands  for  its  [)ublic  an  amount  not 
parks  as  the  park  commissioners  of  said  city  shall  deem  I'eoolijw  outside 
desirable  and  necessary,  and  paying  therefor,  may  incur  uVil'f'^^'"^ 
indebtedness  and  may  from  time  to  time   issue   bonds, 
notes  or  scrip  therefor  to  an  amount  not  exceeding  six 
hundred  thousand  dollars,  outside  of  the  limit  of  indebted- 
ness fixed  by  law  for  said  city,  payable   in  periods  not 
exceeding  fifty  years  from  the  date  of  issue,  and  bearing 
interest  at  rates  not  exceeding  four  per  cent,  per  annum, 
l)ut  the  provisions  of  chapter  twenty-nine  of  the  Public 
Statutes  and  of  chapter  one  hundred  and  twenty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-four 
shall  in  all  other  respects  apply  to  the  issue  of  said  bonds, 
notes  and  scrip  and  to  the  establishment  of  a  sinking  fund 
for  the  payment  thereof  at  maturity. 

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

Approved  May  23,  1888. 


402  ]888.  — CHArTEES  393,  394,  395. 


Chni).393   ^^^   ■^^'^    RELATIVE   TO   THE  VALIDITY   OF   MORTGAGES   OF   REAL    ES- 
TATE  AS   AGAINST   ASSIGNEES   IN   INSOLVENCY. 

Be  it  enacted^  etc.,  asfoUoics: 

Validity  of  jV  mortgage   of  real   estate  recorded  more  than  four 

real  estate  as      moiitlis  after  its   date   shall  not  be  valid  as  against  an 


ai;ainst 
assignees  iu 
ingolvtucv. 


assignee  in  insolvency  of  the  estate  of  the  mortgagor 
ajipointed  in  proceedings  in  insolvency  begun  at  any  time 
after  the  date  of  the  mortgage  and  before  the  expiration 
of  one  year  from  the  recording  thereof. 

Approved  May  23, 188S. 

Char)  S94  '^^  ^^^  ^'^  amend  an  act  to  incorporate  the  very  reverend 

"'  FATHER      MATIIEW      MUTUAL      BENEVOLENT      TOTAL      ABSTINENCE 

SOCIETY. 

Be  it  enacted,  etc. ,  as  follows : 

May  hold  addi-  Section  1.  Scctioii  two  of  chapter  ninety-three  of  tlic 
per'sonai  estate,  acts  of  the  year  eighteen  hundred  and  sixty-three,  being 
an  act  entitled  An  Act  to  incorporate  the  A  eiy  Reverend 
Father  Mathew  Mutual  Benevolent  Total  Abstinence 
Society,  is  hereby  amended  so  that  said  section  shall  read 
as  follows  :  —  Section  2.  Said  corporation  may  take  and 
hold  real  estate  not  exceeding  thirty  thousand  dollars, 
and  personal  property  not  exceeding  ten  thousand  dollars, 
for  the  purposes  aforesaid. 

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

Approved  May  23,  18S8. 

Chnil  39.J   ^^'^  ^^^^  ^^   PREVENT    DESECRATION   OF   GRAVES    BY  THE    REMOVAL 
^  '  THEREFROM  OF   FLOWERS,  FLAGS   OR   OTHER   MEMORIAL  TOKENS. 

Be  it  enacted,  etc.,  as  foUoics : 
Penalty  for  Sectiox  1.     Whocvcr,  witliout  authority,  rcmovcs  any 

fiowers,  flags  or  flowcrs,  flags  or  memorial  tokens  from  any  grave,  tomb, 
tokelisTr^m '"  mouument  or  burial  lot  in  any  cemetery,  or  other  place 
graves.  ^£  burial  shall  be  punished  by  tine  not  exceeding  one  hun- 

dred dollars  for  each  offence. 

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

A2^proved  May  23,  1888. 


1888.  — Chapters  396,  397.  403 


An  Act  to  expedite  the  settlement  of  claims  for  pensions.  QJ^q^j  39G 
Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  governor  with  the  advdce  and  con-  state  agent  to  be 
sent  of  the   council   shall  appoint  a  citizen  of  this  Com-  seitrjment  of 
monwealth   to  be    a    state    agent    for   the  settlement    of  Pn°'i°"'k^°y"'^ 
pension,  bounty  andl)ack  pay  claims  of  citizens  of  this  Com-  claims. 
monwealth  against  the  federal  government.     His  salary  salary. 
shall  be  two  thousand  dollars  per  year,  and  he  shall  hold 
office  until  his  successor  is  appointed  and  confirmed. 

Section  2.     A  suitable  office,  clerical  assistance,  and  °fi^fi;,°ce!etc., 
travelling  expenses  when  necessary  to  visit  Washington,  tobeiumisiied. 
shall  be  furnished  by  the  state  ;  bills  thus  incurred  to  l)e 
approved  l)y  the  adjutant-general  and  audited  by  the  state 
auditor. 

Section  3.     The  said  agent  shall  furnish  information,  Ascent  to  fmnish 

-,•,        .1  I'l',.  ci-  1    information, 

prepare  papers,  expedite  the  adjudication  oi  claims  and  prepare  papers, 
assist  claimants  in  proving  their  cases,  keep  records  of  the  '"^''' 
"work  done  in  his  office,  and  make  an  annual  report  to  the 
legislature  of  the  operation  of  his  office. 

Section  4.     There  shall  be  paid  to  the  council  of  ad-  u,""^','j;]cuo'f 
ministration  of  the  Grand  Army  of  the  Republic  in  the  administratioa 

1  1       f   -\  T  1  jji"  /•ji  1  1°*^  "^^  Grand 

department  ot  Massachusetts  the  sum  or  three  thousand  Annyoftiie 
dollars,  to  be  used  under  their  direction  in  the  payment    ''^"'  '"" 
of  any  bills  heretofore  incurred  by  them  in  securing  pen- 
sions, bounties  or  back  pay,  and  for  providing  temporary 
relief  for  soldiers  and  sailors  needing  the  same. 

Section  5.     The  sum  of  seven  thousand  dollars  may  $7,000  may  be 
be  expended  for  the  purposes  named  in  this  act.  thisTcn!'^  """^''^ 

Section  6.     This  act  shall  take  eflect  upon  its  passage. 

Approved  May  23,  1888. 

An  Act  relating  to  the  laying  out,  alteration,  discontinu-  fiLf^^-^  007 
ance  and  repairs  of  highways  in  the  city  of  boston.  I  ■    ^ 

Be  it  enacted,  etc.,  as  follows : 

Section    1.       Sections    eiu'hty-four,    eightv-five    and  W'nsout, 

.     .  .  /i     1  /•  ■  '^         /•     1        -r>     1  1  •       o  alteration  and 

eighty-six  ot  chapter  torty-nine  ot  the  1  ublic  Statutes  are  repairs  of 
hereby  amended  so  as  to  read  as  follows  :  —  Section  84.  bosIoVk^*  '° 
The  l)oard  of  street  commissioners  of  the  city  of  Boston  iV's'i'IimTsI-'" 
shall  have  power  to  lay  out,  locate  anew,  alter,  widen  and  '^''• 
discontinue   highways  in  the  city  of  Boston  and  order 
specific  repairs  thereon,  and  whenever  they  are  of  the 
opinion  that  the  public  necessity  and  convenience  require 


404  1888.  —  CiiArTER  397. 

^herauo^n'ami     ^^^'"^^  ^  liigliwaj  shall  bc  laid  out  within  said  city,  or  that 
iiijaiiBofhiuh-  an  existing  highway  shall  be  located  anew,  altered,  wid- 
'  ened  or  discontinued,  or  that  specific   repairs   shall    be 
ordered  thereon,  the  said  commissioners  shall  appoint  a 
time  for  a  public  hearing,  and  shall  cause  a  notice  thereof 
and  of  their  intention  in  the  matter  to  be  published  once 
a  week  for  two  successive  weeks  in  two  daily  newspapers 
published  in  said  city,  the  last  publication  to  be  at  least 
seven  days  previous  to  the  time  lixed  for  said  hearing. 
Saicrhearing  may  be  adjourned  from  time  to  time,  if  the 
commissioners  deem  it  necessary,  and,  after  said  hearing, 
said  commissioners  shall  determine  what  action  reiatin":  to 
said  way  the  public  necessity  and  convenience  require ; 
and  such  determination,  being  recorded  in  the  records  of 
said  commissioners,   the   said  way  shall    be  thereby  laid 
out,  located,  altered,  widened  or  discontinued,  or  specitic 
repairs  shall  l)e  ordered,  in  accordance  with  such  determi- 
nation.    /Section  85.     ISaid  commissioners  shall  estimate 
the  amount  of  damage  sustained  by  any  persons  in  their 
property   by  such  laying    out,   locating   anew,   altering, 
widening  or  discontinuing,  or  ordering  specific  repairs  on, 
a  highway,  and,   in  their  aforesaid   determination,   shall 
state  the  share  of  each  separatel}'.      /Section   86.      The 
city,  or  any  party  interested,  if  dissatisfied  with  the  esti- 
mate of  damage  in  any  case  mentioned  in  the  preceding 
section,  may  have  the  amount  of  such  damages  determined 
by  a  jury  at  the  liar  of  the   superior  court,  in  the  same 
manner  in  which  other  civil  causes  are  there  tried,  by 
filing  in  the  clerk's  office  of  said  court,  for  the  county  of 
>Suffolk,  at  any  time   before  the  expiration  of  one  year 
from  the  time  when  the  lands  are  entered  upon,  and  pos- 
session taken  for  the  purpose  of  constructing  the  highway, 
or  when  no  land  is  taken,  from  the  time  when  the  work  is 
actually  commenced  on  the  highway,  a  petition  for  such 
jury.    The  petitioner  before  filing  his  petition  shall  notify 
the  adverse  party  to  appear  and  answer  thereto,  by  caus- 
ing a  summons  containing  a  copy  of  said  petition  to  be 
served  upon  him  in  the    manner   provided    by  sections 
twenty-nine  to  thirty-six  inclusive  of  chapter  one  hundred 
and  sixty-one  of  the  Public  statutes. 

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

Approved  May  24,  1888. 


1888.  —  Chapter  393.  405 


An   Act    to   supply   the   town  of  ashbuknham   avitii    pure  Q/idjj^^QQ 

WATEK. 

Be  it  enacted,  etc.,  as  folloivs : 

Section    1.      The  town  of  Asliburnham  may  supply  Town  of  asu- 

i/»  1.        •11'  •!  (•        ji  ''ij.   buniliam  may 

itself  luid  its  inhabitants  with  water  tor  the  extinguishment  supply  itseif 
of  fires  and  for  domestic  purposes,  may  establish  hydrants, 
relocate  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. 

Section  2.  The  said  town  for  the  purposes  aforesaid,  f^.u  uppeT''''"' 
and  for  the  purpose  of  obtaining  a  supply  of  water,  may  Naukeagpond. 
draw  and  convey  directly  from  Upper  Naukeag  pond,  so 
called,  in  said  town,  so  much  of  the  waters  ttiereof,  and 
the  waters  that  flow  into  and  form  the  same,  as  it  may  re- 
quire ;  and  it  ma}^  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  ease- 
ments, necessary  for  holding  and  preserving  such  water, 
and  for  conveying  the  same  to  any  part  of  said  town,  and 
may  erect  upon  the  land  thus  taken  or  held  proper  dams, 
buildings,  fixtures  and  other  structures,  and  may  make 
excavations,  procure  and  operate  machinery,  and  provide 
such  other  means  and  appliances  as  may  be  necessary  for 
the  establishment  and  maintenance  of  complete  and  efi'ec- 
tive  water  works ;  and  may  construct  and  lay  down  May  construct 
conduits,  pipes  and  other  works  under  or  over  any  lands,  conduits,  etc. 
water  courses,  railroads,  or  public  or  private  ways,  and 
along  any  such  way,  in  such  manner  as  when  completed 
shall  not  unnecessarily  ol)struct  the  same  ;  and  for  the 
purpose  of  constructing,  maintaining  and  repairing  such 
conduits,  pipes  and  other  works  and  for  all  proper  pur- 
poses of  this  act,  said  town  may  dig  up,  raise  and  embank 
any  such  lands  or  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways. 

Section  3.       The   said  town   shall  within  ninety  days  to  cause  to  i.c- 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  registry  of" 
water  sources  or  easements  as   aforesaid,  other  than  by  uonof%heTand; 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of  "'<=•■  ^"'"^"* 
deeds  for  the  northern  district  of  the  county  of  Worcester 
a  description  thereof  sufficiently  accurate  for  identification, 


406  1888.  — CHArTER  398. 

Avith  a  statement  of  the  purpose  for  which  the  same  is 
taken,  signed  by  the  water  commissioners  hereinafter  pro- 
vided for. 
Town  to  pay  Sectiox  4.     The  Said  town  shall  nay  all  damai^es  sus- 

tained  by  any  person  or  corporation  in  property,  l)y  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement,  or  by  any  other  thing  done  by 
said  town  under  the  authority  of  this  act,  except  that  said 
town  shall  not  be  liable  to  pay  any  damages  resulting  from 
taking  water  from  said  Upper  ^Naukeag  pond,  other  than 
the  state  itself  would  be  legall}'  liable  to  pay.  Any  per- 
son or  corporation,  entitled  to  damages  as  aforesaid,  under 
this  act,  who  fails  to  agree  with  said  town  as  to  the  amount 
of  damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  hnv  when  land  is 
taken  for  the  laying  out  of  highways,  by  making  applica- 
tion at  any  time  within  the  period  of  three  years  from  the 
taking  of  such  land  or  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 
Application  for  years.  No  application  for  assessment  of  damages  shall  be 
bem'^idTumif"  made  for  the  taking  of  any  water,  water  right,  or  any 
wuhdiawu"""'^  iiijui'y  thereto,  until  the  water  is  actually  withdrawn  or 

diverted  by  said  town,  under  the  authority  of  this  act. 
-"i^Jihurnham  Section  5.      The  Said  town  may,  for  the  purpose  of 

not  to  exceed  paying  tlic  ucccssary  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  seventy-tive  thousand  dollars ;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words  Ashburn- 
ham  Water  Loan  ;  shall  l)e  payable  at  the  ex])iration  of 
periods  not  exceeding  thirty  years  from  the  date  of  issue  ; 
shall  bear  interest  payable  semi-annually,  at  a  rate  not 
exceeding  six  per  centum  per  annum,  and  shall  be  signed 
by  the  treasurer  of  the  town,  and  be  countersigned  by  the 
water  commissioners  hereinafter  provided  for.  The  said 
town  may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  but  the  same  shall  not  be  sold  or  pledged  for  less 
To  establish  a  than  the  par  value  thereof.  The  said  town  unless  it  avails 
itself  of  the  provisions  of  section  six  shall  provide  at  the 
time  of  contracting  said  loan,  for  the  establishment  of  a 
sinking  fund,  and  shall  annually  contribute  to  such  fund  a 
sum  sutficient,  with  the  accumulations  thereof,  to  pay  the 


75,000. 


1888.  — Chapter  398.  407 

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. 

Sectiox  6.     The  said  town,  instead  of  establishing  a  Maypiovide 

.      .    .  i-         1  .      .1  ,•  <•  ,1  •     •  -11"  for  l>;iyinelit  by 

sinkmg  tund,  may  at  the  time  ot  authorizing  said  loan,  annual 
provide  for  the  payment  thereof  in  such  annual  propor-  }'™Sr,;"Iieu 
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   ex- 
tinguished, in  the  same  manner  as  other  taxes  are  assessed, 
under  the  provisions    of  section    thirty-four    of  chapter 
eleven  of  the  Public  Statutes. 

Section  7.     The  return  required  by  section  ninety-one  Return  reqnheti 
of  chapter  eleven  of  the  Pul)lic  Statutes  shall  state  the  of  sinking  fuu.i, 
amount  of  sinking  fund  established  under  this  act,  and  if  '""'• 
none  is  established,  wdiether    action  has  been    taken    in 
accordance  with  the  provisions  of  the  preceding  section, 
and  the  amount  raised  and  applied  thereunder    for  the 
current  year. 

Section  8.     The  said  town  shall  raise  annually  by  taxa- to  raise 
tion  a  sum  which,  with  the  income  derived  from  the  water  taxaudn  suffi- 
rates,  ^vill  be  sufficient  to  pay  the  current  annual  expenses  rin're'xpeni's'' ' 
of  operating  its  water  works,  and  the  interest  as  it  accrues  uud  intc-reHt. 
on  the  bonds,  notes  and  scrip  issued  as  aforesaid  by  said 
town,  and  to  make  such  contributions  to  the  sinking  fund, 
and  payments  on  the  principal  as  may  be  required  under 
the  [)rovisions  of  this  act. 

Spxtion  9.     "Whoever  wilfully  or  wantonly  corrupts,  Penalty  for  wii- 
poUutes  or  diverts  any  of  the  waters  taken  or  held  under  or  dhertluT '"' 
this  act,  or  injures  any  structure,  work  or  other  property  '''''^''''• 
owned,  held  or  used  by  said  town,  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  town  three  times  the  amount  of   damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  upon 
conviction  of  either  of  the  above  wilful  or  w^anton  acts  shall 
be  jiunished  by  line  not  exceeding  three  hundred  dollars, 
or  by  imprisonment  not  exceeding  one  year. 

Section  10.     The  said  town  sliall,  after  its  acceptance  uoard  of  water 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  elect  tobTc'i'ectcd!'* 
by  ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from  the  next 


408  1S88.  —  CHArTEii  309. 

succeeding  annual  town  nieeting,  to  constitute  a  ])oai'd  of 
water  connnissioners,  and  at  each  annual  town  meetini; 
thereafter  one  yuch  commissioner  shall  be  elected  1)y  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  town  by  this  act,  and  not  otherwise  specially  provided 
for,  shall  l)e  vested  in  said  board  of  water  commissioners, 
who  shall  1)e  subject,  however,  to  such  instructions,  rules 
and  regulations  as  said  town  may  impose  l)y  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  lo  the  sinking  fund. 

vacaiicicB.  Any  vacaucy  occurring  in  said  board  from  any  cause  may 
be  tilled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  town  meeting  called  for  the  i)urpose. 

Subject  lo  Section  11.     This  act  shall  take  etiect  uiion  its  accept- 

accupluiico  bv  a  i    •      i  <■        i  <•  •  i 

two-thirds  vote,  aucc  by  a  two-thirds  vote  oi  the  voters  ot  said  town, 
present  and  voting  thereon  at  a  legal  town  meeting  called 
for  the  purpose,  within  three  years  from  its  passage,  but 
the  number  of  meetings  so  called  in  any  year  shall  not 
exceed  three.  Approved  May  24,  18SS. 

C//^//>.399  -^  -^^^  PROVIDING  FOR  THE  INSPECTION  IN  CERTAIN  CASES  OF 
BUILDINGS  AND  OTHER  STRUCTURES  ALLEGED  TO  BE  UNSAFE  OR 
DANGEROUS. 

Be  it  enacted,  etc.,  as  follows  : 
lumped  ion  of  Section  1.     Auv  member  of  thc  inspcctioii  department 


aiiest^cilo  be       of  tlic  district  police  force  when  called  upon  by  the  mayor 
unsafe.  ,^^^  aldermen  of  any  city,  except  the  city  of  Boston,  or  by 

the  selectmen  of  a  town,   shall   inspect  any  building  or 
other  structure  or  anything  attached  to  or  connected  there- 
with in  such  city  or  town  which  has  been  represented  to 
be  unsafe  or  dangerous  to  life  or  limb. 
Inspector,  in  Section  2.     If  it  appears  to  an  inspector  upon   such 

his  jndKnicht,  to    .  •  i  i        i       -i  i-  i   • 

cause  building    mspcctioii  that  the  building  or  other  structure  or  anything 

or  to  remier  the  attached  to  or  couuected  therewith  is  unsafe  or  dangerous 

frndtafe.''"^*^       to  life  or  limb,  in  case  of  tire  or  otherwise,  he  shall  pro- 

p.s.  104, §§  1-11.  ceed  to  cause  the  same  to  be  removed  or  to  render  the 

same  safe  and  secure,  in  the  manner  provided  by  sections 

four  to  eleven  inclusive  of  chapter  one  hundred  and  four 

of  the  Pul)lic  Statutes,  and  may  cause  proceedings  to  be 

instituted  under  section  twelve  of  said  chapter  one  hundred 

and  four. 


1888.  — Chapters  400,  401.  409 

Section  3.       The  words    "mayor   and    aldermen"  in  words  "mayor 
section  five  of  said  chapter  one  hundred  and  four  shall  for  construed. 
the  purposes  of  this  act  be  construed  to  ap|)ly  to  the  mayor 
and  aldermen  of  a  city  or  the  selectmen  of  a  town  as  the 
case  may  be. 

Section  4.  If  in  any  city  or  town  in  which  such  P°|':''i^iff6!'^' 
inspection  is  made  there  is  no  city  engineer  or  chief  engi- 
neer of  the  fire  department,  the  mayor  and  aldermen  or 
selectmen  as  the  case  may  be  shall  designate  some  other 
otiicer  or  ofiicers  or  some  suitable  persons  in  place  of  the 
officers  so  named  to  act  upon  the  board  of  survey  provided 
for  in  section  six  of  said  cha})tcr  one  hundred  and  four, 
and  the  provisions  of  said  section  and  of  sections  seven, 
eight,  nine,  ten,  and  twelve  of  said  chapter  one  hundred 
and  four  shall  aj>ply  to  a  board  thus  constituted. 

Ap2)roved  May  24,  1S88. 

An  Act  to  authouize  the  town  of  wellesley  to  supply  the  (JJ^n^-f  400 

TOWN   OF   NEEDHAM   WITH  WATER. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  town  of  Wellesley  is  hereby  author-  weiiesieymay 
ized  to  furnish  from  its  water  supply  to  the  town  of  ham  with  water. 
Needham,  or  to  any  portion  thereof,  a  supply  of  water  for 
the  use  of  said  town  of  Needham  and  its  inhabitants  for 
the  extinguishment  of  fires  and  for  domestic  purposes,  and 
may  contract  with  said  town  of  Needham  for  such  supply 
of  Avater  on  such  terms  as  may  be  agreed  upon  between 
said  towns. 

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

Approved  May  24,  1888. 


ChapAOl 


An  Act  to  authorize  the  trustees  of  westfield  academy 
to  expend  the  income  of  their  funds  in  aid  of  the  high 
school  of  the  town  of  westfield. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The   trustees  of  Westfield  Academy  are  Trustees  may 
hereby  authorized  to  devote  and  expend  the  whole  or  any  rnaldof'hi^h^ 
part  of  the  income  of  any  funds  held  by  them,  or  for  their  of' wesiftoid! ° 
l)enefit,  in  aiding  the  town  of  Westfield  in  the  support  of 
the  high  school,  upon  such  terms  and  for  such  time   as 
they  may  deem  expedient. 

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

Approved  May  24,  1888. 


410  1888.  — Chapters  402,  403. 


Ch(ipA0'2  ^^  Act  to  provide  for  the  eurteier  introduction  and  ex- 
■^  *  tension  of  a  police  signal  system  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloics : 

fjS'itfihy         Section  1.     The  board  of  police  for  the  city  of  Boston 

of  Boston  may    niiiv  expcncl,  ill  addition  to  the  amount  now  authorized  by- 
be  extended.  j  i  ^  ^        *^ 

chapter  three  hundred  and  twenty-five  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-seven,  the  sum  of  sev- 
enty-iive  thousand  dolhirs  for  the  further  introduction  and 
extension  in  the  several  police  divisions  of  said  city  of  an 
electrical  signal  and  telephonic  system,  and  may  provide 
such  patrol  wagons,  horses,  equipments  and  accommoda- 
tions as  in  the  opinion  of  said  l)oard  may  be  necessary 
therefor.  The  said  board  may  frcmi  time  to  time  for  the 
purpose  of  providing  therefor,  draw  upon  the  city  treas- 
urer of  said  city,  an  amount  not  exceeding  said  sum,  and 
the  city  treasurer  shall  pay  the  same  upon  the  requisitions 
of  said  board  out  of  the  receipts  for  liquor  license  fees 
which  shall  remain  in  the  treasury  of  said  city  after  the 
provisions  of  section  fourteen  of  chapter  one  hundred  of 
the  Public  Statutes  have  been  complied  with.  The  pro- 
visions of  said  chapter  three  hundred  and  twenty-five  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven 
shall  apply  to  the  extension  of  said  system  as  herein 
provided. 

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

Approved  May  24,  18S8. 


ChapAOS 


An  Act  in  relation  to  the  labor  of  prisoners. 
Be  it  enacted,  etc.,  as  follows : 


Certain  Indus-         SECTION  1.     It  shall  bc  the  duty  of  the  warden  of  the 

tries  to  be  .  .  '•      i         -»  t  i 

maintained  in     state  prisou,  the  Superintendent  of  the  Massachusetts  re- 
epiisons.       foniiatory,  the  superintendent  of  the  reformatory  prison 
for  women,  and  the    masters    of  the    several    houses    of 
correction,  to  establish  and  maintain  in  their  respective 
institutions  such  industries  as  shall  lie  fixed  upon  as  pro- 
vided by  section  one  of  chapter  four  hundred  and  forty- 
seven    of  the    acts    of  the   year   eighteen    hundred    and 
eighty-seven . 
pru^ners^fo be        Section  2.     The  numbcr  of  pcrsons  employed  in  any 
e^p'oy«d,         industry   in  the  state  prison,  Massachusetts  reformatory 
or   reformatory    prison    for    women,   or  in  any  house  of 
correction,  shall  not  exceed  one-twentieth  of  the  number 


1888.  —  Chapter  403.  411 

of  persons  employed  in  such  industry  in  the  state,  accord- 
ino;  to  the  chissitication  oiven  in  the  census  of  eighteen 
hundred  and  eighty,  unless  a  larger  number  is  needed  to 
produce  articles  to  be  supplied  to  state  and  county  institu- 
tions, as  provided  in  section  thirteen  of  said  chajiter.  If 
said  classitication  does  not  give  the  number  employed  in 
an}^  industry  in  the  state,  the  limit  to  the  number  who 
may  be  so  employed  in  any  institution  in  any  industry 
shall  be  as  provided  by  chapter  two  hundred  and  seventeen 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-thi-ee  : 
provided,  Jiovever,  that  two  hundred  and  tifty  prisoners  Proviso. 
may  be  employed  in  the  manufacture  of  l)rushes  at  the 
hoi;s3  of  correction  at  Cambridge,  upon  the  public  account 
system,  so  called. 

Section  3.     The    tools,    implements     and     materials  Toois.impie- 
needed  for  use  in  manufacturing  in  any  institution  under  material"  to  be 
the  provisions  of  said  chapter  four  hundred  and  forty-seven  }]"fi^ers^uper. 
of  the  acts  of  the  year  ei<>hteen  hundred  and  eiohty-seven  vision  of  the 
shall    be   purchased    by    the    warden,    superintendent   or  superintendent. 
master  of  said  institution,   under  the  supervision  of  the 
general  superintendent  of  prisons,  after  estimat'  s  or  requi- 
sitions, in  such  form  as  said  general  superintendent  shall 
from  time  to  time  require,  shall  have  been  ap})roved  by 
him.'    Such  manufactured  goods  as  shall  be  produced  in 
either  of  said  institutions  shall  be  sold  by  the  ])rincipal 
officer  thereof,  under  such  approval  of  said  general  super- 
intendent as  he  shall  from  time  to  time    require.     Said 
warden,  superintendent  or  master  is  authorized  to  appoint 
agents  who  shall,  in  his  behalf,  under  such  rules  and  regu- 
lations as  the  general  superintendent  shall  from  time  to 
time  establish,  purchase  tools,  implements  and  materials, 
and  sell  manufactiu'ed  goods  as  aforesaid.     The  appoint-  Appointment  of 
ment  of  every  such  agent  shall  be  subject  to  the  approval  goods  subject  to 
of  the  general  superintendent  of  prisons,  but  he  may  be  geJ^em?  " 
removed  at  any  time  without  such  approval  by  the  officer  superintendent. 
who  a})[)ointed  him.     The  compensation    of  every    such 
agent  shall  be  fixed  from  time  to  time  by  the  officer  by 
whom  he  is  appointed,  Avith  the  approval  of  said  general 
superintendent.     Said  general  superintendent  shall   have 
no  authority   to    purchase    or   sell    any    articles    for  any 
institution. 

Section  4.     Section  twelve  of  said  chapter  four  hun- Amendment  to 
dred  and  forty-seven  is  hereby  amended  by  inserting  the  ^^^'•^'^''^ 
words  :  —  by  him,  —  after  the  word  "  made  "  in  the  third 


412 


1888.  —  Chapter  403. 


line,  and  by  adding  at  the  end  of  the  section  the  following 
words  :  —  or  if  such  suit  is  prosecuted  or  defended  by  a 
master  of  a  house  of  correction,  to  arbitrators  or  referees 
to  be  approved  by  the  county  conuiiissioners  of  the  county 
in  which  said  house  of  correction  is  established,  —  so  that 
it  will  read  as  follows  :  —  Section  12.  The  warden,  super- 
intendent or  master,  or  their  successors,  may  sue  upon 
any  sale  or  l)e  sued  upon  any  purchase  made  l)y  him  under 
the  i)rovisions  of  this  act.  No  such  suit  shall  al)ate  by 
reason  of  the  office  of  the  warden,  superintendent  or  master 
becoming  vacant ;  but  any  successor  of  the  warden,  su})er- 
intendent  or  master,  pending  such  suit,  shall  take  upon 
himself  the  prosecution  or  defence  thereof,  and  upon 
motion  of  the  adverse  party  and  notice  he  shall  be  required 
to  do  so.  When  a  controversy  arises  respecting  any  pur- 
chase or  sale  made  under  this  act,  or  a  suit  is  pending 
thereon,  the  warden,  sui)erintendent  or  master  may  submit 
the  same  to  the  final  determination  of  arbitrators  or  ref- 
erees, to  be  approved  by  the  governor,  or,  if  such  suit  is 
prosecuted  or  defended  by  a  master  of  a  house  of  correction, 
to  arbitrators  or  referees  appointed  by  the  county  com- 
missioners of  the  county  in  which  said  house  of  correction 
is  established. 

Section  5.  No  provision  shall  be  made  for  the  em- 
ployment of  prisoners  upon  the  piece-price  plan,  as  author- 
ized ])y  chapter  twenty-two  of  the  acts  of  the  current  year, 
superinteudent.  gxccpt  with  tlic  approval  of  tlic  general  superintendent  of 
prisons. 

Section  6.  Sections  seventeen  and  eighteen  of  chap- 
ter two  hundred  and  nineteen  of  the  Public  Statutes,  and 
section  seven  of  chapter  four  hundred  and  forty-seven  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven 
are  hereby  repealed. 

Section  7.  Sections  fifty-four  and  fifty-five  of  chapter 
two  hundred  and  twenty-one  of  the  Pul)lic  Statutes  are 
hereby  amended  by  striking  out  so  much  thereof  as  re- 
quires the  approval  by  the  commissioners  of  prisons  of 
bills  incurred  in  carrying  out  the  provisions  of  said  chap- 
ter four  hundred  and  forty-seven,  in  the  state  pris(m  and 
reformatory  prison  for  women,  and  so  much  as  requires 
that  contracts  for  the  labor  of  prisoners  in  said  institutions 
shall  be  approved  by  the  commissioners  of  prisons  and 
by  the  governor  and  council.  Section  twenty-eight  of 
chapter  two  hundred  and  fifty-five  of  the  acts  of  the  year 


Employment 
upon  the  piece- 
price  plan  sub- 
ject to  approva 
of  ijeneral 


Repeal. 


Amendments  to 
P.  S.221,  §§  54, 
55 ;  1884,  255, 
§28;  1887,447. 


1888.  —  Chapter  404.  413 

eighteen  Inindred  and  eighty-four  is  hereby  amended  by 
striking  out  the  following  words,  "The  said  commission- 
ers shall,  with  the  superintendent,  cause  provision  to  be 
made  for  the  emplo3ment  of  the  prisoners  ;  but  no  such 
provision  shall  be  made  w^ithout  the  approval  of  the 
governor  and  council  "  ;  also  by  striking  out  the  words 
"the  said  commissioners  shall  endeavor  to  establish  in 
said  reformatory  such  industries  as  will  enable  prisoners 
employed  therein  to  learn  valuable  trades",  and  inserting 
in  place  thereof  the  following  words: — The  superinten- 
dent of  said  reformatory,  and  the  general  superintendent 
of  prisons,  .^hall  endeavor  to  establish  in  said  reformatory 
such  industries,  within  the  provisions  of  the  requirements 
of  chapter  four  hundred  and  forty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-seven,  as  will  enable 
prisoners  employed  therein  to  learn  valuable  trades. 
Section  thirty  of  said  chapter  is  amended  by  striking  out 
so  much  thereof  as  requires  the  approval,  by  the  commis- 
sioners of  prisons,  of  bills  incurred  in  carrying  out  the 
provisions  of  said  chapter  four  hundred  and  forty-seven 
in  said  reformatory. 

Section  8.  So  much  of  chapter  two  hundred  and  p"Jf.'2!io!™' ^° 
twenty  of  the  Public  Statutes  as  gives  to  the  county  com- 
missioners or  to  the  board  of  directors  of  public  institu- 
tions of  the  city  of  Boston  any  authority  or  control  over 
matters  connected  with  the  employment  of  prisoners  in 
any  house  of  correction  is  hereby  repealed,  and  all  such 
authority  and  control  is  hereby  vested  in  the  general 
superintendent  of  prisons  and  the  master  of  such  house  of 
correction. 

Section  9.     Three  hundred  copies  of  the  report  of  the  Three  hundred 
general  superintendent  shall  be  printed  annually  for  his  use.  fofs'iiyHntrud! 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  24, 1888. 


eut. 


ChapAOi 


An  Act  to  supply  the  town  of  millbury  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Millbury  may  supply  itself  ^j°,Y,^;,°^.  ,^^ 
and  its  inhaliitants  with  water  for  the  extinguishment  of  "uppiy  itseit 
fires  and  for  domestic  and  other  purposes;  may  establish 
fountains  and  hydrants,  relocate  or  cliscontinue  the  same, 
may  regulate  the  use  of  such   water,  and   fix  and  collect 
rates  to  l)e  paid  for  the  use  of  the  same. 


414 


1888.  — Chapter  404. 


May  take  water 
of  ponds  and 
water  sources 
lying  east  of 
Blackstone 
river. 


May  erect  build- 
ines  and  other 
structures. 


May  dig  up 
lands  under 
direction  of  the 
selectmen  of 
towns  in 
which  lands 
are  situated. 


To  cause  to  be 
recorded  in  the 
registry  of 
deeds  a  descrip. 
tion  of  the 
laud  taken. 


Town  to  pay 
damages. 


Parties  failing 
to  agree  may 
have  damages 
determined  as 
when  land  is 


Section  2.  The  said  town  for  the  purposes  aforesaid 
may  take  by  purchase  or  otherwise  and  hold  the  water  of 
any  ponds  or  water  sources  within  the  limits  of  said  town 
of  Alillbury  and  lying'  east  of  the  Blackstone  river,  to- 
gether with  any  water  rights  connected  therewith,  and 
also  all  lands,  rights  of  w\ay  and  easements  necessary  for 
holding  and  preserving  such  w'ater  and  for  conveying  the 
same  to  any  part  of  said  town  of  Millbury  ;  and  may  erect 
on  the  land  thus  taken  or  held  proper  dams,  buildings, 
fixtures  and  other  structures,  and  may  make  excavations, 
procure  and  operate  machinery,  and  provide  such  other 
means  and  appliances  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works,  and  may  construct  and  lay  down  conduits,  pipes 
and  other  works,  under  or  over  any  lands,  water  courses, 
railroads,  or  public  or  private  ways,  and  along  any  such 
way,  in  such  manner  as  not  unnecessarily  to  obstruct  the 
same  ;  and  for  the  purpose  of  constructing,  maintaining 
and  repairing  such  conduits,  })ipes  and  other  works,  and 
for  all  proper  purposes  of  this  act,  said  town  may  dig  up 
any  such  lands,  and,  under  the  direction  of  the  board  of 
selectmen  of  the  town  in  which  any  such  ways  are  situated, 
may  enter  upon  and  dig  up  any  such  waj^s  in  such  manner 
as  to  cause  the  least  hindrance  to  public  travel  on  such 
ways. 

Section  3.  The  said  town  shall,  within  ninety  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  "file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  and  district  of  Worcester  a  de- 
scription thereof  sutficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  was 
taken,  signed  by  the  water  commissioners  hereinafter 
provided  for. 

Section  4.  The  said  town  shall  pay  all  damages  sus- 
tained by  any  person  or  cor})oration  in  property  by  the 
taking  of  any  land,  right  of  way,  M-ater,  w^ater  source, 
water  right  or  easement,  or  by  any  other  things  done  by 
said  town  under  the  authority  of  this  act,  except  that  said 
town  shall  not  be  lial)Ie  to  pay  any  damages  resulting 
from  taking  the  water  from  any  pond  other  than  the  Com- 
monwealth itself  would  be  legally  liable  to  pay.  Any 
person  or  corporation  sustaining  damages  as  aforesaid 
under  this  act,  who  fails  to  agree  with  said  town  as  to  the 


1888.  — Chapter  404.  415 

amount  of  damages  sustained,  may  have  the  damaijes  taken  for 
assessed  and  determined  in  the  manner  provided  by  hiw 
when  hmd  is  taken  for  the  laying  out  of  highways,  on 
application  at  any  time  within  the  period  of  three  years 
from  the  taking  of  such  land  or  other  property,  or  the 
doing  of  other  injury,  under  the  authority  of  this  act ; 
but  no  such  application  shall  be  made  after  the  expiration 
of  said  three  years.  No  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right,  or  for  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  said  town  under  the  authority 
of  this  act. 

Section  5.     The  said  town   may,  for  the  purpose  of  Miiibmy  Witer 

*',,.,.,..'. '^  ,    Loan  not  to 

paymg  the  necessary    expenses    and    balnhties    incurred  exceed inuie 
under  the  provisions  of  this  act,  issue  from  time  to  time  ^m^ow.'' 
bonds,  notes  or  scrip,  to  an  amount  not  exceeding  in  the 
aggregate  one  hundred  and  twenty-tive  thousand  dollars  ; 
such  bonds,  notes  and  scrip  shall  bear  on  their  face  the 
words  Millljury  Water  Loan,  shall  be  payable  at  the  ex- 
piration of  periods  not  exceeding  thirty  years  from  the 
date  of  issue  ;  shall  bear  interest  })ayable  semi-annually  at 
a  rate  not  exceeding  six  per  centum  per  annum,  and  shall 
be  signed  by  the  treasurer  of  the  town  and  be  counter- 
signed l)y  the  water  commissioners  hereinafter  provided 
for.     The  said  town  may  sell  such  securities  at  public  or 
private  sale,  or  pledge  the  same  for  money  borrowed  for 
the  purposes  of  this  act,  upon  such  terms  and  conditions 
as  it  may  deem  proper :  provided,   that  such    securities 
shall  not  be  sold  or  pledged  for  less  than  the  par  value 
thereof.     The  said  town,  unless  it  avails  itself  of  the  pro-  pinkins  fund  to 
visions  of  section  six,  shall  provide,  at  the  time  of  con-  i)e  established. 
tractinor  g^id  loan,  for  the  establishment  of  a  sinkins:  fund, 
and  shall  annually  contribute  to  such  fund  a  sum  sufficient, 
with   the  accumulations  thereof,  to  pay  the  principal  of 
said  loan  at  maturity.     The  said  sinking  fund  shall  remain 
inviolate  and  pledged  to  the  payment  of  said  loan,  and 
shall  be  used  for  no  other  purpose. 

Section  6.     The  said  town,  instead  of  establishing  a  May  provide  for 
sinking  fund  may,  at  the  time  of  authorizing  said  loan,  uonatepay-'^'" 
provide  for  the  payment  thereof  in  such  annual  propor-  "i\^k|ugf',ud.°* 
tionate  payments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed,  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  said  town  in  each 


416 


1888.  —  Chapter  404. 


Return  required 
to  state  iimouiit 
of  Binking  fniui, 
etc.,  established. 


To  raise 
annually  by  tax- 
ation sufficient 
to  pay  current 
expenses  and 
interest. 


Town  may 
contract  with 
city  of  Worces- 
ter  for  a  supply 
of  water. 


Proviso. 


Penalty  for 
wilfully  cor- 
rupting or 
diverting  water. 


Board  of  water 
commissioners 
to  be  elected. 


year  thereafter,  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  are 
assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  retjuircd  by  section  ninety-one 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the 
amount  of  any  .sinkins:  fund  estal^lished  under  this  act, 
and  if  none  is  established,  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  section, 
and  the  amounts  raised  and  applied  thereunder  for  the 
current  year. 

Section  8.  The  said  town  shall  raise  annually  by 
taxation  a  sum  which  with  the  income  derived  from  the 
water  rates  will  be  sufficient  to  pay  the  current  annual 
expenses  of  operating  its  water  works,  and  the  interest  as 
it  accrues  on  the  bonds,  notes  and  scrip  issued  as  afore- 
said by  said  town,  and  to  make  such  contributions  to  the 
sinking  fund  and  payments  on  the  principal  as  may  be 
required  under  the  provisions  of  this  act. 

Section  9.  The  said  town  may  contract  with  the  city 
of  Woi'cester  for  a  supply  of  water  necessary  for  the  pur- 
poses of  this  act,  on  such  terms  as  may  be  agreed  u))on 
between  said  town  and  the  said  city  ;  and  the  said  city  of 
Worcester  is  authorized  to  contract  foraud  furnish,  from 
its  water  supply,  water  to  said  town,  and  to  make  the 
necessary  connections  of  its  conduits  or  pipes  with  the 
conduits  or  pipes  of  the  said  town  :  provided,  that  nothing 
herein  contained  shall  be  construed  to  compel  the  said  city 
to  make  such  connections  or  to  furnish  said  water. 

Section  10.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes,  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pa}'^  to  said 
town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the  al)Ove  wilful  or  wanton  acts  shall  be  pun- 
ished by  tine  not  exceeding  three  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year. 

Section  11.  The  said  town  shall,  after  its  acceptance 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  elect 
by  ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from   the  next 


1888.  — Chapter  405.  417 

succeeding  annual  town  meeting,  to  constitute  a  1)oard  of 
water  commissioners  ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  said  town  by  this  act,  and  not  otherwise  speciiically 
provided  for,  shall  be  vested  in  said  board  of  water  com- 
missioners, who  shall  be  subject  however  to  such  instruc- 
tions, rules  and  regulations  as  said  town  may  impose  by 
its  vote;  the  said  commissioners  shall  be  trustees  of  the  To i.e tmsteee 
sinking  fund  herein  provided  for,  and  a  majority  of  said  °  "'"  '"^ 
commissioners  shall  constitute  a  quorum  for  the  transac- 
tion of  business  relative  both  to  the  water  works  and  to 
the  sinking  fund.  Any  vacancy  occurring  in  said  board  iJ^oTn""^* "' 
from  any  cause  may  be  tilled  for  the  remainder  of  the 
unexpired  term  liy  said  town  at  any  legal  town  meeting 
called  for  the  purpose. 

Sectiox  12.     This  act  shall  take  effect  upon  its  accept-  subject  to 
a  nee   by  a  two-thirds  vote   ot  the    voters    of  said  town  two-thiids  v>,u-. 
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  May  25, 1SS8. 


An  Act   providing  for  special  judoments  in   certain  cases 

WHERE     bonus    ARE    GIVEN    TO    DISSOLVE    ATTACHMENTS     OK 
PROSECUTE   REVIEWS. 


^^'  ChapAOB 

TO  * 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     Whenever  any  defendant  in  a  civil  action  spodai  judg- 
dissolves  an  attachment  made  in  said    action    by  giving  "',«"«  where" 
bond  as  provided  1)y  the  statutes  of  this  Commonwealth  {"o^atioivo*^" 
and  has  already  been,  or  afterwards  is,  discharged  from  attachment. 
his   debts   by  proceedings   in  composition   in   insolvency 
under  chapter  two  hundred  and  thirty-six  of  the  acts  of 
the  year  eighteen  hundred  and   eighty-four  and  chapter 
three  hundred  and  tifty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-iive,  and  where  there  has  been  no 
assignment  in  the  insolvency  proceedings,  the  court  may 
at  any  time,  upon  motion,  if  it  appears  that  the  plaintitf 
is  otherwise  entitled  to  judgment  in  said  action,  enter  a 
special  judgment   therein,   and    said  judgment    shall    be 
deemed  and  taken  to  be  a  sufficient  judgment  within  the 
meaning  of  chapter  one    hundred   and  sixty-one   of  the 
Public  Statutes  to  enable  the  plaintiff  to  maintain  an  action 


418  1 888.  —  Chapter  406. 

against  the  sureties  on  said  bond,  no  other  objection  exist- 
ing thereto. 
coiKiitiongof         Section  2.     No  bond  shall  hereafter  be  jjiven  to  dis- 

bond  heix'iifter  .  ....  ,,"-  .. 

to  be  given  to      solvc  an  attachment  in  a  civil  action  unless  it  contains,  m 

mentiuacivii     addition  to  the  conditions  now  required  by  law,  a  further 

action.  condition    obliging    the    sureties    to   pay  to   the    plaintitt" 

within  thirt}^  days  after  the  entry  of  any  special  judgment 

in  accordance  with  the  preceding  section  the  sum,  if  any, 

for  which  said  judgment  shall  be  entered. 

Special  jiuig-  Section  3.     The  court   may  enter  a  similar  iudament 

ment  when  .   i       i  m  i         i      •        i  •  •       i  • 

defendant  With  the  sanic  eiiect  when  the  defendant  in  a  civil  action, 

reviewTu  a  < ivii  wlio  pctitious  for  a  rcvicw  thcrcof,  is  discharged  as  afore- 
ti^)n8"of''bonu.  said,  and  where  there  has  been  no  assignment  in  the  insol- 
vency proceedings  before  or  after  giving  the  security 
required  in  such  cases,  and  no  bond  shall  l)e  hereafter 
given  under  section  thirty- nine  of  chapter  one  hundred 
and  eighty-seven  of  the  Public  Statutes  unless  it  contains 
in  addition  to  the  conditions  now  required  by  law,  a 
further  condition  obliging  the  sureties  to  pay  the  plaintiff 
within  thirty  days  after  entry  of  any  special  judgment,  in 
accordance  with  the  provisions  of  this  section,  the  sum,  if 
any,  for  which  said  judgment  shall  be  entered. 

Approved  3Iay  25,  1888. 

GhaV  406  -^^  -^CT  TO  AUTHORIZE  THE  CITY  COUNCIL  OF  THE  CITY  OF  MALDEN 
TO  DIVIDE  SAID  CITY  INTO  SEVEN  WARDS  AND  TO  CONFIRM  THE 
ELECTION   OF  ALDERMEN   AND   COUNCILMEN   IN   SAID   CITY. 

"Be,  it  enacted,  etc.,  as  folloivs : 
City  of  Maiden        Section  1.     SectioH  three  of  chapter  one  hundred  and 

may  be  divided        .  ,  •iiii-i 

into  seven  sixty-iiine  of  the  acts  of  the  year  eimiteen  hundred  and 

wards  •  .►..» 

eighty-one,  relative  to  the  division  of  the  city  of  Maiden 
into  wards,  as  amended  l)y  chapter  forty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-seven,  is  hereby 
further  amended  so  as  to  read  as  follows  :  —  Section  3. 
The  city  council  may  in  the  year  eighteen  hundred  and 
eighty-eignt  divide  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. 
Election  _  Section  2.    The  election  of  the  members  of  the  board  of 

aldermen  and  of  the  common  council  of  the  city  of  Maiden, 
held  on  the  first  Tuesday  of  December  in  the  year  eight- 
een hundred  and  eighty-seven,  pursuant  to  the  original 
provisions  of  chapter  one  hundred  and  sixty-nine  of  the 


coiitirmed. 


1888.  —  Chapter  407.  419 

acts  of  the  year  eighteen  hundred  and  eighty-one,  is  here- 
by contirmed  and  made  valid. 

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

Approved  May  25,  1888. 


ChojxiOl 


An  Act  to  supply  the  towk  op  mayxard  with  water. 
Be  it  enacted,  etc. ,  as  foUoics  : 

Section  1.     The  town  of  Maynard  may  supply  itself  7°^'"  °^, 

,  n  I  •  .  Maynard  may 

and  its  inhabitants  with  water  for  the  extinguishment  of  supply  stseif 
fires,  for  domestic,  manufacturing   and  other   purposes ; 
may  establish  fountains  and  hydrants,  relocate  and  discon- 
tinue the  same  ;  may  regulate  the  use  of  such  water,  and 
fix  and  collect  rates  to  be  paid  for  the  use  of  the  same. 

Section  2.     The  said  town,  for  the  puri:)oses  aforesaid  May  convey 

1    ,.  1  ^      ,        .     .  1  /•  water  from 

and  for  the  purpose  of  ol)taming  a  supply  of  water,  may  white  pond 
draw  and  convey  directly  from  White    pond,  so    called,  tow^  of  Hud- 
lying  partly  in  the  town  of  Hudson  and  partly  in  the  town  ««"''"dStow. 
of  Stow,  SO  much  of  the  waters  thereof,  and  the  waters 
that  flow  into  and  form  the  same  as  it  may  require  :  and  May  take  water 

J    1        1  1  J 1  •  i"  1      1  1  o*^  ponds  and 

it  may  take  by  purchase,  or  otherwise,  and  hold  any  water  water  sources 
rights  connected  with  said    pond,  and    any   springs    and'"    ''y'"''' • 
streams  tributary  thereto,  and    the    water  of  any    other 
ponds  or  water  sources,  within  the  limits  of  said  town  of 
Maynard,  and  the  water  rights    connected   Avith   any    of 
said  sources  ;  and  also  all  lands,  rights  of  way  and  ease- 
ments necessary  for  holding  and  preserving  such  water, 
and  for  convening  the  same  to  any  part  of  said  town  ;  and 
may  erect  uj)on  the  lands  thus  taken  or  held,  proper  dams, 
buildings,  fixtures  and  other   structures,  and  may  make 
excavations,  procure  and  operate  machinery,  and  provide 
such  other  means  and  appliances  as  may  be  necessary  for 
the  establishment  and  maintenance  of  complete  and  effec- 
tive water  works;  and  may  construct  and  lay  down  con-  May  construct 
duits,  pipes  and  other  works  under,  over  or  upon    any  cSnduL'!*"^" 
lands,  water  courses,  railroads  or  public  or  private  ways, 
and  along  any  such  way,  in  such  manner  as  when  com- 
pleted shall  not  unnecessarily  obstruct  the  same  ;  and  for  May  dig  up, 
the  purpose  of  constructing,  maintaining    and    repairing '^"^■' '''"'*'^' 
such  conduits,  pipes  and  other  works,  and  for  all  purposes 
of  this  act,  said  town  may  dig  up,  rai^e  and  embank  any 
such  lands  or  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  on  such  ways. 

Section    3.     The  said  town  shall  within  ninety    days  to  cause  to  be 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  ut'iy  of'^deedT^' 


420 


1888.  — Chapter  407. 


a  deecription  of 
thu  land,  etc., 
taken. 


Town  to  pay 
damagei<. 


I'arties  failing 
to  agree  may 
have  damages 
assessed  as 
when  land  is 
taken  for 
highways. 


Maynard  Water 
Loan  not  to 
exceed  in  the 
aggregate 
$75,000. 


May  sell  secur- 
ities or  pledge 
tlie  same  for 
money 
borrowed. 


water  sources  or  easements  as  aforesaid,  other  than  hy  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Middlesex,  a  de- 
scription thereof  sufficiently  accurate  for  identification,  with 
a  statement  of  the  purpose  for  which  the  same  is  taken, 
signed  l)y  the  water  conmiissioners  hereinafter  provided 
for. 

Section  4.  The  said  town  shall  pay  all  damages  sus- 
tained by  any  person  or  corporation  in  property  by  the  tak- 
ing of  any  land,  right  of  way,  water,  water  source,  water 
right  or  easement,  or  any  other  thing  done  l)y  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  said  White  })ond,  or  from  taking  water  from  any  other 
water  source  within  the  limits  of  said  town,  other  than  the 
state  itself  would  be  legally  lial)le  to  pay.  Any  person  or 
corporation  entitled  to  damages  as  aforesaid  under  this  act, 
who  fails  to  agree  with  said  town  as  to  the  amount  of  dam- 
ages sustained,  may  have  damages  assessed  and  deter- 
mined 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  property  or  rights,  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  application  for  assessment  of  damages 
shall  be  made  for  the  taking  of  any  water,  water  right,  or 
any  injury  thereto,  until  the  water  is  actually  withdrawn 
or  diverted  by  said  town  under  the  authority  of  this  act. 

Sectiox  5.  The  said  town  may,  for  the  })urpose  of 
paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time, 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  seventy-five  thousand  dollars ;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words  Maynard 
AVater  Loan  ;  shall  be  pajable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  the  date  of  issue  ;  shall 
bear  interest  pajable  semi-annually  at  a  rate  not  exceed- 
ing six  per  centum  per  annum,  and  shall  be  signed  by  the 
treasurer  of  the  town  and  countersigned  by  the  water  com- 
missioners. The  said  town  may  sell  such  securities  at 
public  auction  or  private  sale,  or  i)ledge  the  same  for  money 
borrowed  for  the  purposes  of  this  act,  upon  such  terms  and 
conditions  as  it  may  deem  proper :  provided,  that   such 


1888.  — Chaptek  407.  421 

securities  shall  not  be  sold  or  pledged  at  less  than  the  par 
value  thereof.  The  said  town  shall  pay  the  interest  on  siukinsfnnd  to 
said  loan  as  it  accrues,  and  shall  provide,  at  the  time  of 
contracting  said  loan,  for  the  establishment  of  a  sinking- 
fund,  and  shall  annually  after  the  expiration  of  five  years 
from  the  first  issuance  of  said  loan,  contribute  to  such  fund 
a  sum  sufticient,  with  the  accumulations  thereof,  to  ])ay 
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. 

Sectiox    6.     The  said  town  instead  of  establishing  a  May  provide  for 
sinking  fund  may,  at  the  time  of  authorizing  said  loan,  uonat'e pLy^"' 
provide  for  the  payment  thereof  in    such   proportionate  ™uking"und.°^ 
payments,  after  the  expiration  of  five  years  from  the  first 
issuance  of  said  loan,  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  thereafter,  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  are 
assessed,   under  the   provisions  of  section    thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.     The  return   required   by  section  ninety- Retmn  required 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  o°  sinking  °"° 
the  amount  of  sinking  fund  established   under  this  act,  esuwi'shed. 
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 
current  j^ear. 

Section  8.     The    said   town   shall    raise   annually  b}' Town  to  raise 

1   •    1  •,!      ji         •  1       •         1    c  j_i        auuuallv  by  tax- 

taxation  a  sum  Avhich,  with  the  income  derived  trom  the  atiou  sutiicient 
water  rates,  will  l)e  sufficient  to  pay  the  current  annual  exiSes'amr 
expenses  of  operating  its  water  works,  and  the  interest  as  interest. 
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.  Penalty  for  wii. 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  or  d^ivc°rUug''"^ 
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  pa}'  to 
said  town  three  times  the   amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and,  upon 


422  1888.  — Chapter  408. 

conviction  of  either  of  the  above  wilful  or  wanton  acts, 
shall  be  punished   by  fine  not  exceeding  three  hundred 
dollars,  or  by  imprisonment  not  exceeding  one  year. 
Board  of  water       SECTION  10.     The  Said  towu  shall,  after  its  acceptance 

commiBsioners         ^     i   •  i  i  .  n  •  i 

to  be  elected,  ot  this  act,  at  a  legal  meetmg  called  for  the  purpose,  elect 
by  ballot  three  persons  to  hold  office,  one  until  the  ex- 
piration of  three  years,  one  until  the  expiration  of  two 
years  and  one  until  the  expiration  of  one  year  from  the 
next  succeeding  annual  town  meeting,  to  constitute  a 
board  of  water  commissioners  ;  and  at  each  annual  town 
meeting  thereafter  one  such  commissioner  shall  be  elected 
by  ballot  for  the  term  of  three  years.  All  the  authority 
granted  to  the  town  b\'  this  act,  and  not  otherwise  spe- 
cially 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  im- 

To  be  trustees    posc  by  its  votc  *,  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 

Vacancies  in  and  to  the  shikiug  fund;  any  vacancy  occurring  in  said 
board  from  any  cause  may  be  filled  for  the  remainder  of 
the  unexpired  term  by  said  town  at  any  legal  town  meet- 
ing called  for  the  purpose. 

fc"cepTanc°e  by  a       Section  11.     This  act  shall  take  effect  upon   its   ac- 

two-thirds  vote   ccptaucc  bv  a  two-tliirds  vote  of  the  voters  of  said  town, 

witiiiii  tnrcG  L  *j 

years.  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. 

Repeal.  SECTION  12.     So  much   of  chapter  one   hundred    and 

ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty  as  authorizes  the  town  of  Marlborough  to  take  or 
hold  any  of  the  waters  of  said  White  pond  is  hereby  re- 
pealed. Approved  May  25,  1888. 

ChnvAOS  ■^   ■^'^^    ^^    AUTHORIZE    THE    EAST    MIDDLESEX    STREET    RAILWAY 
^   *  COMPANY    TO     FURTHER     EXTEND    ITS     TRACKS     IN     THE     CITY     OF 

CHELSEA. 

Beit  enacted,  etc.,  as  follows  : 

wertraU'sof"  Section  1.  The  East  Middlesex  Street  Railway  Com- 
other companies  pany  is  authorized,  with  the  consent  of  the  mayor  and 
mayo'r°and"  °  aldermcu  of  the  city  of  Chelsea,  to  run  its  cars  over  the 
CheisTaT"^       tracks  of  other  companies  and  operate  its  business  from 


1888.  — Chapters  409,  410.  423 

the  junction  of  Everett  avenue  and  Broadway  across 
Broadway  square,  and  through  Winnisinmiet  street,  to 
Clielsea  ferry  in  said  city  of  Chelsea. 

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

Approved  May  25,  1888. 

An  Act  to  revive  chapter  one  hundred  and  tvtenty-seven  of  QJfanAO^d 

THE  ACTS  of  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-SIX, 
ENTITLED  AN  ACT  TO  INCORPORATE  THE  PLAINVILLE  WATER 
COMPANY. 

Be  it  enacted,  etc.,  as  follows : 

Sectiox.1.     Chapter  one  hundred  and  twenty-seven  of  r;V""^';',e 

1  r.        J  .1  111  1         •     1  .  ^^  Iter  Uoni- 

the  acts   of  the   year  eighteen   hundred   and   eighty-six,  pa.iy,actof 
entitled  an  act  to  incorporate  the  Plainville  Water  Com-  revhid.''"" 
pany  is  hereby  revived,  provided  said  comy)any  is  organ- 
ized and  woik  begun  before  the  ninth  day  of  April  in  the 
year  eighteen  hundred  and  eighty-nine. 

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

Approved  May  25,  1888. 

An  Act  to  change  the  name  of  the  dakota  mortgage  loan  pf/.^a^  J. in 

CORPORATION,   AND   TO   GRANT   IT   ADDITIONAL   POWERS.  ^ 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  name  of  the  Dakota  Mortgage  Loan  Name  changed 
Corporation,  a  corporation  duly  organized  under  the  laws  mem°(jompatry.' 
of  this  Commonwealth,   is  hereby  changed  to  Globe  In- 
vestment Compan}'. 

Section  2.  Said  corporation  shall  have  its  principal  J'^haveus 
place  of  business  in  the  city  of  Boston,  and  in  addition  to  of  business ia 
the  purposes  for  which  it  was  organized,  shall  have  and 
enjoy  all  the  powers  and  privileges  and  be  subject  to  all 
the  duties,  restrictions  and  liabilities  set  forth  in  chapter 
three  hundred  and  eighty-seven  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight,  and  shall  also  be  sul)- 
ject  to  all  general  laws  which  now  are  or  hereafter  may 
be  in  force  so  far  as  the  same  may  be  applicable  to  said 
corporation. 

Section  3.     This  act  shall  take  effect  on  the  first  day  of  to  take  effect 
July  in  the  year  eighteen  hundred  and  eighty-eight.  "^  ' 

Approved  May  25,  1888. 


42i 


1888.  —  Chapter  411. 


ChavAH  ^^   ^*^^  '^^  IXCORPORATE   THE  MILTON   AVATER  COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 


Milton  Water 

Company 

iucorporated. 


May  take 
waters  of 
lloughtou's 
poiui,  of  Nepon- 
set  river  or  of 
Tine  Tree 
brook,  etc. 


May  contract 
with  the  Quincy 
Water  Corn- 
puny  or  with 
the  city  of 
Hoston  for  a 
supply  of  water. 


Section  1.  Oliver  W.  Peabody,  Amor  L.  Hollings- 
wortli,  Edwin  D.  Wiidsworth,  Lemuel  Grossman,  Cyrus 
Brewer,  Samuel  Gannett,  Horace  E.  Ware,  Theodore  R. 
Glover  and  J.  Malcolm  Forbes,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of 
the  Milton  Water  Company,  for  the  purpose  of  supplying 
the  inhabitants  of  that  part  of  the  town  of  Milton  herein- 
after designated,  or  of  any  portion  thereof,  with  water  for 
domestic,  manufacturing  and  other  purposes,  including 
the  extinguishment  of  fires ;  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force,  so  far  as  the  same  may  be 
applicable  to  such  corporations. 

Section  2.  The  said  corporation,  for  the  purposes 
aforesaid,  may  take,  by  purchase  or  otherwise,  and  hold 
the  waters  of  Houghton's  pond,  of  Neponset  river,  or  of 
Pine  Tree  brook,  sometimes  so  called,  which  empties  into 
said  river  near  Central  avenue,  all  in  said  Milton,  and  the 
waters  of  any  springs,  brooks,  wells,  ponds  or  streams  in 
that  part  of  said  Milton  lying  southerly  and  easterly  of  a 
line  drawn  as  follows,  viz.  :  —  Beginning  at  the  ol^serva- 
tory  on  the  summit  of  Great  Blue  hill  on  the  boundary  line 
between  the  towns  of  Milton  and  Canton,  thence  running 
northeasterly  passing  one  hundred  feet  southerly  from  the 
house  in  which  Henry  S.  Russell  resides  a  distance  of 
fifteen  thousand  feet,  and  thence  turning  at  a  right  angle 
and  running  northwesterly  a  distance  of  about  eight  thou- 
sand eight  hundred  feet  to  Neponset  river ;  with  the  water 
rights  and  water  sources  connected  therewith.  And  said 
corporation  may  at  any  time  during  the  continuance  of 
this  charter  contract  with  the  Quincy  "Water  Company,  or 
with  the  city  of  Boston  for  a  supply  of  water  on  terms  to 
be  mutually  agreed  upon  between  the  parties  so  contract- 
ing, and  may  make  such  connections  of  its  conduits  or 
pipes  with  those  of  the  contracting  corporation  or  city  as 
may  be  necessary  for  the  purpose.  And  said  Quincy 
Water  Company  and  said  city  of  Boston  are  authorized  to 
make  such  contracts  and  connections,  and  to  furnish  water 
to  said  Milton  Water  Company  for  the  purposes  aforesaid 
from  any  source  from  which  they  are  authorized  to  take 


1S88.  —  Chapter  411.  425 

water  under  their  original  charters  or  under  any  statutes 
of  this  Commonwealth.     No  such  contract  shall  be  made  contract  not  to 
for  a  period  exceeding  ten  years.     But  during  the    last  exceeding  ten 
year  of  the  period  of  any  existing  contract,  a  new  contract  ^■''''"" 
may  be  made  for  a  period  not  exceeding  ten  years.     And  f/J)Ji  5!J,';rt8^"'^ 
said  corporation  for  the  purposes  aforesaid  aiay  take  by  rights  of  way, 
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  all  or  any  parts  of 
said  town  lying  southerly  and  easterly  of  the  line  described 
in  this  section  ;  and  may  erect  on  the  lands  thus  taken  or 
held  proper  dams,  buildings,  fixtures  and  other  structures, 
and  may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works ;  and  may  construct  and  ^„7,^y"iown' 
lay  down  conduits,  pipes  and  other  works  under  or  over  conduits. 
any  lands,  water  courses,  railroads  or  public  or  private 
ways,  and  along  any  such  ways,  in  such  manner  as  not 
unnecessarily  to  obstruct  thcv  same  ;  and  for  the  purpose  May  dig  np 
of  constructing,  maintaining  and  repairing  such  conduits,  cHrection  of  the 
pipes  and  other  works,  and  for  all  proper  purposes  of  this  selectmen. 
act,  said  corporation  may  dig  up   any    such    lands,    and 
under  the  direction  of  the  board  of  selectmen  may  enter 
upon  and  dig  up  any  such  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  on  such  ways. 

Section  3.     The  said  corporation  shall,    within  sixty  to  cause  to  be 
days  alter  the  taking  of  any  lands,  rights  of  way,  water  registry  of 
rights,  water  sources  or  easements  as  aforesaid  other  than  llon'^iS"^' 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry  etc.,  taken. 
of  deeds  for  the  county  of  Norfolk  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  Avhich  the  same  was  taken,  signed  by  the 
president  of  the  corporation. 

Section  4.     The  said  corporation  shall  pay  all  damaiies  corporation  to 

,     ,         ,   -  ,  .       '■  •  i.       1        it        pay  damages. 

sustained  l)y  any  corporation  or  person  in  property  by  the 
taking  of  any  land,  right  of  w^ay,  water,  water  source, 
water  right  or  easement,  or  by  any  other  thing  done  by 
said  corporation  under  the  authority  of  this    act.     Any  Parties  failing 

,.  J.    •     •  1  I'  '  ^    to  agree  may 

corporation    or  person    sustaining    damages    as    atoresaid  have  damages 
under  this  act,  who  fails  to  agree  with  said  corporation  as  "vhein^l'uus 
to  the  amount  of  damages  sustained,  may  have  the  dam-  |;'i^,|^"J,y3. 
ages  assessed  and  determined  in  the  manner  provided  by 
law  when  land  is  taken  for  the  laying  out  of  highways,  on 


426 


1888.  —  Chapter  411. 


Corporation 
may  distribute 
water  and  fix 
and  collect 
water  rates. 


May  contract 
with  town  of 
Milton  or  with 
any  district 
therein,  etc.,  to 
supply  water. 


Capital  stock 
and  shares. 


May  issue 
bonds. 


Penalty  for  wil- 
fully  corrupting 
or  diverting 
Water. 


application  at  any  time  within  the  period  of  three  years 
from  the  takino-  of  such  hind  or  other  property  or  the 
doing  of  any  other  injury  under  the  authority  of  this  act ; 
but  no  such  application  shall  be  made  after  the  expmition 
of  said  three  years.  No  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right  or  water  source,  or  for  any  injur}'  thereto  until  the 
water  is  actually  withdrawn  or  diverted  b}'-  said  corpora- 
tion under  the  authority  of  this  act. 

Section  5.  The  said  corporation  may  distribute  the 
water  through  that  portion  of  said  town  of  Milton  lying 
southerly  and  easterly  of  the  line  aforesaid,  may  regulate 
the  use  of  said  water  and  fix  and  collect  rates  to  be  paid 
for  the  same,  may  establish  public  fountains  and  hydrants 
and  discontinue  the  same  ;  and  may  make  such  contracts 
with  the  said  town,  or  with  any  fire  or  other  district  that 
is  or  may  hereafter  be  established  therein,  or  with  any 
individual  or  corporation,  to  supply  water  for  the  extin- 
guishing of  fires  or  for  other  purposes,  as  may  be  agreed 
upon  b}'  said  town,  or  such  tire  or  other  district,  individual 
or  corporation,  and  said  corporation.  And  said  town  of 
Milton  or  any  tire  or  other  district  or  corporation  therein 
is  authorized  to  make  such  contracts  for  a  supply  of  water 
with  said  corporation. 

Sectiox  (i.  The  said  corporation  may,  for  the  |)urposes 
set  forth  in  this  act,  hold  real  estate  not  exceeding  tifty 
thousand  dollars  ;  and  the  whole  capital  stock  of  said  cor- 
poration shall  not  exceed  one  hundred  and  fifty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each  ;  and  said  corporation  may  issue  bonds  to  an  amount 
not  exceeding  the  amount  of  its  capital  stock  actual I3'  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. 

Sectiox  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  wanton  acts 
shall  be  punished  by  fine  not  exceeding  three  hundred  dol- 
hirs  or  by  imprisonment  in  the  jail  not  exceeding  one  3'ear. 


1868.  —  Chapter  411.  427 

Section  8.     The  said  corporation  may  hy  vote    from  >ray  determiue 
time  to  time  fix  and  determine  what  amount  or  quantity  amomi't of  waiei 
of  water  it  purposes  to  take  and  appropriate  under  tiiis  [o"iake.°'*^^ 
act ;  in  Avhich  case  the  damages  for  such  taking  shall  be 
based  upon  such  amoui.t  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  Milton,  or  any  fire  dis-  Town  of  Miiton 
trict  that  is  or  may  hereafter  be  legally  organized  there-  dLfn^t  therein, 
in,  shall  have  the  right  at  any  time  to  take,  by  purchase  filji^chi^e and 
or  otherwise,  the  franchise,  corporate  property  and  all  the  ^'_!|°',„g{,^t  o7°" 
rights  and  privileges  of  said  corporation  on  payment  to  cost  thereof. 
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  expend- 
iture from  its  date  to  the  date  of  taking,  as  hereinafter 
provided,    at   the  rate  of  seven  per  centum  per  annum. 
But  ^uch  taking  shall  be  subject  to  any  and  all  contracts  subject  to  con - 
which  may  have  been  made  by  said  Milton  Water  Com-  wuh  qThuc^y 
pany  with  said  Quincy  Water  Company  or  with  the  said  city  piny  or^with the 
of  Boston  under  the  authority  given  in  this  act.     If  the  cost  "*y  °^  Boston, 
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  operating  said  works  for  that 
year,  then  such  excess  shall  l)e  deducted  from  the  total 
cost.     The  said  town  or  such  fire  district,  on  taking,  as  Subject  also  to 
herein  provided,  the  property  of  said    corporation  shall  obligations.'"^ 
assume  all  of  its  outstandino;  oblioations,  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  such  fire  district  to  said  corporation.     In  case  of 
foreclosure  of  the  bonds  authorized  by  this  act,  the  said 
town  or  such  tire  district  may  take  possession  of  the  prop- 
erty and  rights  of  said  corporation  on  the  payment  of  said 
bonds,  principal  and  interest.     In  case  said  town  or  such  parties  failing 

^,'1,1,  .  to  agree,  the 

fire  district  and  said  corporation  are  unal)le  to  as-ree  upon  cost  to  be  deter- 

niiiicd  bv  the 

the  amount  of  the  total  cost  of  the  franchise,  corporate  supreme  judi- 
property,  rights  and  privileges  of  said  corporation,  then  rsuiTruVquny. 
upon  a  suit  in  equity  by  said  town  or  such  fire  district  the 
supreme  judicial  court  shall  ascertain  and  fix  such  total 


428 


188S.  —  Chapter  411. 


Authority  to 
take  fninchiae 
subject  to  assent 
by  a  two- 
tairds  vote. 


Milton  Water 
Loan  not  to 
exceed  $150,000 


To  provide  for 
payment  at 
maturity  by 
eetablishing  a 
sinking  fund  or 
by  making 
annual 

proportionate 
payments 


cost  under  the  foregoing  provisions  of  this  act,  and  en- 
force the  right  of  said  town  or  such  fire  district  to  tal^e 
possession  of  such  franchise,  corporate  property,  rights 
and  privileges  upon  payment  of  such  cost  to  said  corpora- 
tion. This  authority  to  talve  said  franchise  and  property 
is  granted  on  condition  that  the  taking  is  assented  to  by 
said  town  or  such  fire  district  l)y  a  two-thirds  vote  of  the 
voters  of  said  town  or  such  fire  district,  present  and  voting 
thereon  at  a  meeting  legally  called  for  that  purpose. 

Sectiox  10.  The  said  town  or  such  fire  district  may, 
for  the  purpose  of  paying  the  cost  of  said  franchise  and 
corporate  property  and  the  necessary  expenses  and  liabili- 
ties incurred  under  the  provisions  of  this  act,  issue  from 
time  to  time  bonds,  notes  or  scrip  to  an  amount  not  ex- 
ceeding in  the  aggregate  one  hundred  and  fifty  thousand 
dollars  ;  such  bonds,  notes  and  scrip  shall  bear  on  their 
face  the  words  IMilton  Water  Loan  ;  shall  be  payable  at 
the  expiration  of  periods  not  exceeding  thirty  yeais  from 
the  date  of  issue  ;  shall  bear  interest  pa^^alile  semi-annually 
at  a  rate  not  exceeding  six  per  centum  per  annum,  and 
shall  be  signed  by  the  treasurer  of  said  town,  or  such  fire 
district,  and  be  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  The  said  town  or  such  fire  dis- 
trict may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  at  not  less  than  their  par  value  for  money 
borrowed  for  the  purposes  of  this  act,  upon  such  terms  and 
conditions  as  it  may  deem  proper.  The  said  town  or  such 
fire  district  shall  pay  the  interest  upon  said  loan  as  it 
accrues,  and  shall  provide  for  the  payment  of  said  prin- 
ci])al  at  maturity  by  establishing  at  the  time  of  contracting 
said  loan  a  sinking  fund,  or  from  year  to  year  ])y  such 
annual  proportionate  payments  as  will  extinguish  the 
same  within  the  time  prescribed  by  this  act.  In  case  said 
town  or  such  fire  district  shall  decide  to  establish  a  sinking 
fund,  it  shall  contribute  thereto  annually  a  sum  sufficient 
with  its  accumulations  to  pay  the  principal  of  said  loan  at 
maturity ;  and  said  sinking  fund  shall  remain  inviolate 
and  pledget  I  to  the  payment  of  said  debt  and  shall  be  used 
for  no  other  purpose.  If  said  town  or  such  fire  district 
shall  decide  to  pay  the  principal  of  said  loan  by  instal- 
ments, such  amounts  as  may  be  necessary  to  make  such 
payments  shall,  without  further  vote  be  raised  annually 
by  taxation  in  the  same  way  as  money  is  raised  for  other 
town  or  fire  district  expenses. 


1888.  — Chapter  411.  429 

Section  11.     The  returns  required  by  section  ninety-  Returns 

,.     ,        T_,    ,  ,.      ^       .  I      II      J.    1.      xi        required  to  State 

one  ot  chapter  eleven  oi  the  ruohc  Statutes  snail  state  tne  amount  of  sink- 
amount  of  any  sinking-fund  established  under  this  act,  and  esfabirebed.''' 
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  ^iZiaiiy  by'ax- 
corporate  property  as  herein  provided,  the  said  tovrn  or  ation  sufficient 

1       .  T         •         ''i      11  "  11       1  i*  for  current 

such  tire  district  shall  raise  annually  by  taxation  a  sum  expenses  and 
which,  with  the  income  derived  from  the  sale  of  water, 
shall  be  sufficient  to  pay  the  current  annual  expenses  of 
operating  its  water  works  and  the  interest  accruing  on  the 
bonds,  notes  and  scrip  issued  by  said  town  or  such  fire 
district,  together  with  such  payments  on  the  principal  as 
may  be  required  under  the  provisions  of  this  act.  Said 
town  or  such  fire  district  is  further  authorized,  by  assent 
of  two-thirds  of  the  voters  of  said  town  or  such  tire  district 
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  in 
said  portion  of  said  town  lying  southerly  and  easterly  of 
the  line  aforesaid  and  providing  additional  appliances  and 
fixtures  connected  therewith,  not  exceeding  three  thousand 
dollars  in  any  one  year. 

Section  13.     The  said  town  or  such  fire  district  shall,  ^,°;;;;^i°g^iJ^^|.f 
after  its  purchase  of  said  franchise  and  corporate  property,  to  be  elected. 
as  provided  in  this  act,  at  a  legal  meeting  called  for  the 
purpose,  elect  by  ballot  three  persons  to  hold  office,  one 
until  the  expiration  of  three  years,  one  until  the  expiration 
of  two  years,  and  one  until  the  expiration  of  one  year  from 
the  next  succeeding  annual  meeting,  to  constitute  a  board 
of  water^  commissioners ;    and    at    each    annual    meeting 
thereafter  one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years.     All  the  authority  granted  to 
the  said  town  or  such  fire  district  by  this  act,  and  not 
otherwise  specifically  provided  for,  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject  how- 
ever to  such  instructions,  rules  and  regulations  as  said 
town  or  such  fire  district  may  impose  by  its  vote;    the  To  be  trustees 
said  commissioners  shall  be  the  trustees  of  the  sinking  °  *'"  ^"^ 
fund  herein  provided  for,  and  a  majority  of  said  commis- 
sioners shall  constitute  a  quorum  for  the   transaction  of 
business   relative    both  to  the   water  works  and  to  the 


430  1888.  —  Chapter  412. 

Vacancies  in       siiikiiig  fiincl.     All}'  v.'icaiicy  occurring  in  said  board  from 
board.  ^j^y  cause  may  be  filled  for  the  remainder  of  the  unex- 

pired term  by  said  town  or  such  fire  district  at  any  legal 
meeting  called  for  the  purpose.     No  money  shall  be  drawn 
from  the  said  district  treasury  on  account  of  said  water 
Morks  except  by  a  written  order  of  said  commissioners  or 
To  make  annual  a  majority  of  them.     Said  commissioners  shall  annually 
rece/ptsLid       make  a  full  report  to  said  town  or  such  lire  district  in 
expeudituies.     ^vl•iting  of  their  doings  and  expenditures. 
AsseBsmeut  and       Section  14.      Whenever  a  tax   is  duly  voted  by  said 
tax  voted."        fire  district  for  the  purposes  of  this  act,  the  clerk  shall 
render  a  certified  copy  of  the  vote  to  the  assessors  of  the 
town  of  Milton,  who  shall  proceed  within  thiily  days  to 
assess  the  same  in  the  same  manner  in  all  respects  as  town 
tiixes  are  required  by  law  to  lie  assessed.     The  assessment 
shall  be  committed  to  the  towni  collector,  who  shall  collect 
said  tax  in  the  same  manner  as  is  provided  for  the  collec- 
tion of  town  taxes  ;  and  shall  deposit  the  proceeds  thereof 
with  the  district  treasurer  for  the  use  and  benefit  of  said 
district.     Said  district  may  collect  interest  on  taxes  when 
overdue  in  the  same  manner  as  interest  is  authorized  to  ])e 
collected  on   unpaid  town  taxes  :  j^^'ovided,  said  town  or 
district  at  the  time  of  voting  to  raise  a  tax  shall  so  deter- 
mine and  shall  also  fix  a  time  for  the  payment  thereof. 
To  take  effect         SECTION  15.     This  act  shall  take  effect  on  the  first  day 
uniesslltc'.^^ '^'  of  Januaiy,  eighteen  hundred  eighty-nine,  unless  the  said 
town  of  Milton  previous  to  that  date  shall  at  a  meeting 
legally  called  for  the  purpose  vote,  by  a  majority  vote  of 
the  voters  present  and  voting,  to  petition  the  next  leg- 
islature for  authority  to  construct  a  system  of  water  works 
in  said  town,  and  upon  the  passage  of  such  a  vote  by  said 
town  before  said  date  then  and  thereupon  this  act  shall 
become  void,  and  provided  that  this  act  shall  become  void 
unless  work  under  the  same  shall  be  commenced  within 
three  years  from  said  date.  Approved  May  2S,  1888. 


C'iapAl2 


An  Act  to  incorporate  the  brush  hill  avater  company. 

Be  it  enacted,  etc. ,  as  follows : 

Brush  Hill  Section  1.     Ellerton  P.  Whitney,  George  H.  Chicker- 

company  lug,    Johu    A.     Tucker,     Henry     A.     Whitney,     Felix 

incorporated.      Rj'ickenianu,     Charles    G.   White,     Charles    H."  Parker, 

Arthur  Wainwright  and    Amor  L.  Hollingsworth,  their 

associates  and  successors,  are  hereby  made  a  corporation 


1888.  — Chapter  412.  431 

hy  the  name  of  the  Brush  Hill  Water  Company,  for  the 
purpose  of  supplying  the  inhabitants  of  that  part  of  the 
town  of  Milton  hereinafter  designated  or  of  any  portion 
thereof,  with  water  for  domestic,  manufacturing  and  other 
purposes,  including  the  extinguishment  of  tires  ;  with  all 
the  ])owers  and  privileges,  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force,  so  far  as  the 
same  may  be  applicable  to  such  corporations. 

Section    2.      The    said    corporation  for  the    purposes  May  contract 
aforesaid  may  at  any  time  during  the  continuance  of  this  park  wateV' 
charter  contract  with  the  Hyde  Park  Water  Company,  muZ"  wklef 
the  jSlilton  \A'ater  Company  or  any  other  water  company  oX?water  ""^ 
or  the  town  of  Canton  for  a  supply  of  water  on  terms  to  compauy  or  the 

,,  11  •  ij.      town  ot  Caiituu 

be  mutually  agreed  upon  between  the  parties  so  contract-  foranuppiy 

ing,  and  may  make   such  connections  of  its  conduits  or  ° 

pipes  with  those  of  the  contracting  corporation  or  town 

as  may  be  necessary  for   the  purpose  ;  and    said  named 

or  referred  to  water  companies  and  said  town  of  Canton 

are  authorized  to  make  such  contracts  and  connections  and 

furnish  water  to  said  Brush  Hill  Water  Company  for  the 

purposes  aforesaid,  from  any  source  from  which  they  are 

authorized  to  take  w^ater  under  their  original  charters,  or 

under  any  statutes  of  this  Commonwealth.     No  such  con-  contract  not  to 

tract  shall  be  made  for  a  period  exceeding  ten  years.    But  ofan  years." ° 

during  the  last  year  of  the  period  of  any  existing  contract, 

a  new  contract  may  be  made  for  a  period  not  exceeding 

ten  years.     And  the  said  corporation  hereby  chartered  for  May  take  and 

the  purposes  aforesaid,  may  hold  the  waters  aforesaid  and  hmdsrHgiii's  of 

may  take  b}^  purchase   or  otherwise  and  hold  all  lands,  '"''i-'^"^- 

rights  of  way  and  easements  necessary   for  holding  and 

preserving  such  water  and  for  carrying  the  same  to  any 

part  of  that  portion  of  said  town  of  Milton  lying  northerly 

and  westerly  of  the   following  described    line,   viz.:  — 

Beginning  at  the  observatory  on  the  summit  of  Great  Blue 

hill  on  the  boundary  line  between  the  towns  of  Milton  and 

Canton,  thence  running  northeasterly  passing  one  hundred 

feet  southerly  from  the  house  in  which  Henry  S.  Russell 

resides,  a  distance  of  fifteen  thousand  feet ;  and  thence 

turnino;  at  a  ri^^ht    anffle  and    runnino;  northwesterly    a 

distance  of  about  eioht  thousand    eight  hundred  feet  to 

Neponset  river ;  and  may  erect  on  the  land  thus  taken  or 

held,  proper  dams,  buildings,  fixtures  and  other  structures, 

and  may  make  excavations,  procure  and  operate  machinery 


432 


1888.  —  Chapter  412. 


May  construct 
and  lay  down 
conduits. 


To  cause  to  be 
recorded  in  reg- 
istry of  deeds 
a  description  of 
lands,  etc., 
taken. 


Liability  for 
damages. 


No  application 
to  be  made  for 
damages  until 
water  is  actually 
withdrawn. 


May  distribute 
water  through 
certain  portion 
of  Milton,  and 
may  fix  and  col- 
loct  water  rates. 


and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  elective  water  works  ;  and  may  con.struct  and 
lay  down  conduits,  pipes  and  other  works  under  or  over 
any  lands,  Avater  sources,  railroads  or  public  or  private 
ways,  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same  ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  corporation  may  dig  up  an}^  such  lands,  and 
under  the  direction  of  the  board  of  selectmen  may  enter 
upon  and  dig  up  any  such  wiiys  in  such  manner  as  to 
cause  the  least  hindi'ance  to  public  travel  on  such  ways. 

Section  3.  The  said  corporation  shall,  within  sixty 
days  after  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements  as  aforesaid  other  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Norfolk  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  was  taken,  signed  by  the 
president  of  the  corporation. 

Sectiox  4.  The  said  corporation  shall  pay  all  damages 
sustained  by  any  corporation  or  person  in  property  by 
the  taking  of  any  land,  right  of  way,  water,  .water  source, 
water  right  or  easement,  or  by  any  other  thing  done  by 
said  corporation  under  the  authority  of  this  act.  Any 
corporation  or  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  api)lication  at  any  time  within  the  period  of  three  years 
from  the  taking  of  such  land  or  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  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right  or  water  source,  or  for  any  injury  thereto  until  the 
water  is  actually  withdrawn  or  diverted  by  said  corpora- 
tion under  the  authority  of  this  act. 

Section  5.  The  said  corporation  may  distribute  the 
water  through  said  portion  of  the  town  of  Milton  lying 
northerly  and  westerly  of  the  line  aforesaid  ;  may  regulate 
the  use  of  said  water  and  fix  and  collect  rates  to  be  paid 


1888.  —  Chapter  412.  433 

for  the  use  of  the  same  ;  may  establish  public  fountains  May  establish 

'.  -^  i  public  fountains 

and  hydrants  and  discontinue  the  same;  and  may  make  and iiydiaute. 
such  contracts  with  the  said  town  of  Milton,  or  with  any 
tire  or  other  district  that  is  or  may  hereafter  be  established 
therein,  or  with  any  individual  or  corporation  to  supply 
water  for  the  extinguishing  of  tires  or  for  other  purposes, 
as  may  be  agreed  upon  by  said  town,  or  such  tire  or  other 
district,  individual  or  corporation,  and  said  corporation. 
And  said  tow^n  of  Milton  or  any  tire  or  other  district  or 
corporation  therein  is  authorized  to  make  such  contracts 
for  a  supply  of  water  with  said  corporation. 

Section  6.     The  said  corporation  may,  for  the  purposes  Reai  estate. 
set  forth  in  this  act,  hold  real  estate   not  exceeding  in 
amount  twenty  thousand  dollars ;  and  the  whole  cai)ital  capital  stock 

,..•>  .  Ill  n  •  "'      shares. 

stock  ot  said  corporation  shall  not  exceed  seventy-tive 
thousand  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each. 

Sectiox  7.     The    said  corporation    may   issue   bonds.  May  issue  bonds 
and  secure  the  same  l)y  a  mortgage  on  its  franchise  and  mortgage. 
other  property,  to  an  amount    not  exceeding  its  capital 
stock  actually  paid  in  and  applied  to  the  purposes  of  its 
incorporation. 

Section  8.     The  said  corporation  may  by  vote,  from  May.ietermine 
time  to  time,  fix  and  delermine  what  amount  or  quantity  umouiaot^water 
of  water  it  purposes  to  take  and  appropriate  under  this  |!^['"'''"'''"^''' 
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.     Whoever   wilfully  or  wantonly  corru])ts.  Penalty  for 

T  £•      ^  1  1111         conupliug  or 

pollutes  or  diverts  any  ot  the  waters  taken  or  held  under  divciimg 
this  act,  or  injures  any  structure,  work  or  other  property  ^^■''"'''^'- 
ow^ned,  held  or  used  by  said  corporation  under  the  au- 
thority and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  corporation  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  wilful  or 
wanton  acts  shall  be  punished  by  a  tine  not  exceeding 
three  hundred  dollars,  or  by  imprisonment  not  exceeding 
one  year. 

Section  10.     The  said  town  of  Milton  or  any  fire  dis-  Town  of  mihou 
trict  that  is  or  may  hereafter  be  legally  organized  therein  distwct  therein 
shall  have  the  right  at  any  time  to  take,  by  i)urchase  or  " rLWhise  and 


434  18S8.  — Chapter  412. 

property  on  othei'wise,  tliG  fraiichisG,  corporate  property  and  all  the 
coil' thereof!***"'  rights  aiid  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. 
siibjectto  j3yt  such  taking  shall  be  subject  to  any  and  all  contracts 

counaetB  made.         -i.,  .i  i,  .  ■,     -n  i  •   i     -i 

which  may  have  been   made  by   said  Brush  Hill  Abater 
Company   with    said  Hyde  Park  AVater  Company,  said 
Milton  Water  Company  or  any  other  water  company  or 
said  town  of  Canton  under  the  authority  given  in  this  act. 
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  ex- 
ceeds, in  any  year,  the  cost  of  maintaining  and  operating 
said  works  for  that  year  then  such  excess  shall  be  deducted 
To  iiBFiime  all     from  thc  total  cost.     The  said  town  or  tiie  district  on 
obiigi.iioiiB.        taking,  as  herein  provided,  the  property  of  said  corpora- 
tion,   shall   assume  all  of  its  outstanding  obligations,  in- 
cluding 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  authorized  l)y  this 
act>  the  said  town  or  tire  district  may  take  possession  of 
the  property  and  rights  of  said  corporation  on  the  pay- 
Faiiingto  agree  mcnt  of  saM  bonds,  principal  and  interest.     In  case  said 
maueMoi.e       towu  or  firc  district  and  said  corporation  are  unable  to 
8upre"!r''  ^^     agree  upon  the  amount  of  the  total  cost  of  the  franchise, 
judicial  court     rori3orate  pro])ertv,  rig-hts  and  privileges  of  said  corpora- 

iipou  a  BUit  111  .      i  i        i  "^  V       .  ^.  1    ~  .  ,  '■     ^ 

equity.  tiou,  thcu,  upou  a  suit  in   equity   by  said   town   or  nre 

district,  the  supreme  judicial  court  shall  ascertain  and  lix 
such  total  cost  under  the  foregoing  provisions  of  this  act, 
and  enforce  the  right  of  said  town  or  fire  district  to  take 
possession  of  such  franchise,  corporate  property,  rights 
and  privileges  upon  payment  of  such  cost  to  said  corpora- 
snbjeetto  liou.     This  authority  to  take  Said  franchisc  and  property 

iwo-'ihirdtrvotc.  is  granted  on  condition  that  the  taking  is  assented  to  by 
said  town  or  fire  di-strict  l)y  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. 


1888.  —  Chapter  412.  435 

Section  11.     The  said  town  or  such  tire  district  may,  MiitonWaier 
for  the  purpose  of  paying  the  cost  of  said  franchise  and  ext'eed  in  the 
corporate  property  and  the  necessary  expenses  and  liabili-  $7f|omi'/ 
ties  incurred  under  the  provisions  of  this  act,  issue  from 
time  to  time  bonds,  notes  or  scrip  to  an  amount  not  ex- 
ceeding  in  the  aggregate  seventy-tive  tliousand  dolhirs  ; 
such  bonds,  notes  and  scrip  shall  bear  on   their  face  the 
words  Milton  Water  Loan  ;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  the  date 
of  issue  ;   shall  bear  interest  payable  semi-annually  at  a 
rate  not  exceeding  six  per  centum  per  annum,  and  shall 
be  signed  b}^  the  treasurer  of  said  town  or  such  fire  district 
and  be  countersigned  by  the  water  commissioners  herein- 
after [)rovided  for.     The  said  town  or  such  fire  district  may  May  sen 
sell  such  securities  at  public  or  private  sale,  or  pledge  the  pledge  the  same 
same  at  not  less  than  their  par  value  for  money  borrowed  bon'owcd^ 
for  the  purposes  of  this  act,  upon  such  terms  and  condi- 
tions as  it  may  deem  proper.     And  said  town  or  such  fire  sinkin^fund  to 
district  shall  pay  the  interest  upon  said  loan  as  it  accrues,  orpaymem'to 
and   shall   provide  for  the  payment  of  said  principal   at  proportionate 
maturity  by  establishing  at  the  time  of  contracting  said  P'y'ni^"'*- 
debt  a  sinking  fund,  or  from  year  to  year,  by  such  pro- 
portionate payments  as  will  extinguish  the  same  within 
the  time  prescribed  by  this   act.     In  case   said  town   or 
such  fire  district  shall  decide  to  establish  a  sinking  fund, 
it  shall  contribute  thereto  annually  a  sum  sufiicient  with 
its  accumulations  to  pay  the  principal  of  said  loan  at  ma- 
turity ;  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  town  or  such  fire  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  town  or  fire  district  expenses. 

Section  12.     The  returns  required  by  section  ninety-  Returns 

rcouirccl  to  stutc 

one  of  chapter  eleven  of  the  Public  Statutes  shall  state  amount  of  smk- 
the  amount  of  any  sinking  fund  established  under  this  act,  e"fabii"hed'.'''' 
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  13.     After  the  purchase  of  , said  franchise  and  to  raise 
corporate  property  as  herein  provided,  the  said  town  or  aii^oTJaxciM' 


436  1888.  — Chapter  412. 

for  current        sucli  fire  district  shall  raise  annually  by  taxation  a  sum 

futevest?*"  which,  witli  the  income  derived  from  the  sale  of  water, 
shall  be  sutficient  to  pay  the  current  annual  expenses  of 
operating  its  water  works  and  the  interest  accruing  on  the 
bonds,  notes  arid  scrip  issued  by  said  town  or  such  fire 
district,  together  with  such  payments  on   the  principal  as 

Extension  of  may  bc  required  under  the  provisions  of  this  act.  Said 
town  or  such  fire  district  is  further  authorized,  by  assent 
of  two-thirds  of  the  voters  of  said  town  or  such  fire  dis- 
trict present  and  voting  thereon  at  a  legal  meeting  called 
for  the  purpose,  to  raise  l)y  taxation  any  sum  of  money 
for  the  purpose  of  enlarging  or  extending  its  water  works 
in  that  portion  of  said  town  lying  northerly  and  westerly 
of  the  line  aforesaid  and  providing  additional  appliances 
and  fixtures  connected  therewith  not  exceeding  three 
thousand  dollars  in  any  one  year. 

Assessment  and       SECTION  14.     Whcncvcr  a  tax  is  dulv  votcd  hv  said 

collection  of  ,..,.  ,  n      i  '  i  iiiii 

tax  voted.  five  district  tor  the  purposes  ot  this  act,  the  cJerk  shall 
render  a  certified  copy  of  the  vote  to  the  assessors  of  the 
town  of  Milton  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  col- 
lect said  tax  in  the  same  manner  as  is  provided  for  the 
collection  of  town  taxes,  and  shall  deposit  the  proceeds 
thereof  with  the  district  treasurer  for  the  use  and  benefit 
of  said  district.  Said  district  may  collect  interest  on 
taxes  when  overdue  in  the  same  manner  as  interest  is  au- 
thorized to  be  collected  on  unpaid  town  taxes :  provided, 
said  town  or  district  at  the  time  of  voting  to  raise  a  tax 
shall  so  determine,  and  shall  also  fix  a  time  for  the  pay- 
ment thereof. 
^ommi°iio^ierr  Section  15.  The  Said  town  or  such  fire  district  shall, 
to  be  elected,  after  its  purchasc  of  said  franchise  and  corporate  property 
as  provided  in  this  act,  at  a  legal  meeting  called  for  the 
purpose,  elect  by  ballot  three  persons  to  hold  otfice,  one 
until  the  expiration  of  three  years,  one  until  the  expiration 
of  two  3'ears,  and  one  until  the  expiration  of  one  year  frtmi 
the  next  succeeding  annual  meeting,  to  constitute  a  board 
of  water  commissioners ;  and  at  each  annual  meeting 
thereaiter  one  such  commissioner  shall  be  elected  by 
ballot  for  the  term  of  three  years.  All  the  autiiority 
granted  to  the  said  town  or  such  fire  district  by  this  act, 
and  not  otherwise  specifically  provided  for,  shall  be  vested 


1888.  —  Chapter  413.  437 

in  said  board  of  water  commissioners,  who  shall  be  sub- 
ject, however,  to  such  instructions,  rules  and  regulations 
as  said  town  or  such  fire  district  may  impose  by  its  vote  ; 
the  said  commissioners  shall  be  the  trustees  of  the  sinking  to  be  trusteeB 

^,,  .  •ii/»  1  ••i  /••J  .of  the  sinking 

lund  herem  provided  tor,  and  a  majority  ot  said  commis-  fund. 
sioners  shall  constitute  a  quorum  for  the  transaction  of 
business  relative  both  to  the  water  works  and  to  the  sink- 
ins:  fund.     Any  vacancy  occurrins:  in  said  board  from  any  vacancies  in 

~  ^  ^  ~  (•     1  "1   board. 

cause  may  be  filled  for  the  remainder  of  the  unexpired 
term  l)y  said  town  or  such  fire  district,  at  any  legal  meeting 
called  for  the  purpose.  No  money  shall  be  drawn  from  the 
said  district  treasury  on  account  of  said  water  works  ex- 
cept by  a  written  order  of  said  commissioners  or  a  majority 
of  them.  Said  commissioners  shall  annually  make  a  full  ^"on of ''"""''' 
report  to  said  town  or  such  fire  district  in  writing  of  their  doings  and 

1.  '-'  expenditures. 

doings  and  expenditures. 

Section  16.  This  act  shall  take  effect  on  the  first  day  retake  effect 
of  January  in  the  year  eighteen  hundred  and  eighty-nine  unless,  etc. 
unless  the  said  town  of  Milton  })revious  to  that  date  shall 
at  any  meeting  legally  called  for  the  purpose,  vote  by  a 
majority  vote  of  the  voters  present  and  voting,  to  petition 
the  next  legislature  for  authority  to  construct  a  system  of 
water  works  in  said  town,  and  upon  the  passage  of  such  a 
vote  by  said  town  before  said  date,  then  and  thereupon 
this  act  shall  become  void,  and  provided  that  this  act  shall 
become  void  unless  work  under  the  same  shall  be  com- 
menced within  three  years  from  said  date. 

Approved  May  28,  1888. 

An  Act  in  kelation  to  safe  deposit,  loan  and  trust  com-  (7^(^19.413 

PANIES. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     All  safe  deposit,  loan  and  trust  companies  Government  of 
hereafter  incorporated  under  the  authority  of  this  Common-  heSu'r* 
wealth  ma}'-  exercise  the  powers  and  shall  be  governed  by  '"co'i'^'-'^ed. 
the  rules  and  subject  to  the  duties,  liabilities  and  provi- 
sions contained  in  this  chapter.     And  they  shall  idso  be 
subject  to  all  the    duties,  restrictions    and    liabilities  set 
forth  in  chapter  one  hundred  and  five  of  the  Public  Stat- 
utes, so  far  as  the  same  do  not  conflict  with  the  provisions 
of  this  chapter,  and  to  all  general  laws  which  now  are  or 
hereafter  may  be  in  force  relating  to  such  corporations  : 
provided,  that  no  safe  deposit,  loan    or   trust   company,  Not  to  advance 
incorporated  hereafter  shall  advance  money  or  credits  on  f""m  plopeny" 


438 


1888.  — Chapter  413. 


outside  of  the 
elate. 


Capital  stock 
and  shares. 


Officers  of  the 
corporation. 


Treasurer  and 
actuary  to  be 
appointed : 
Other  officers  to 
lie  elected  at 
annual  meeting 


May  adopt 
by-laws. 


Quorum. 


What  may  be 
received  on 
deposit,  storage, 
etc. 


farm  property  situated  outside  of  this  Commonwealth,  or 
on  the  l)onds  or  securities  of  any  mortgage  investment 
company. 

Sectiox  2.  The  capital  stock  of  such  corporation  shall 
not  be  less  than  one  hundred  thousand  dollars  nor  more 
than  one  million  dollars,  divided  into  shares  of  the  par 
value  of  one  hundred  dollars  each  ;  and  no  business  shall 
be  transacted  1)y  the  corporation  until  the  whole  amount 
of  its  capital  is  subscril)ed  for  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  3.  The  officers  of  every  such  corporation  shall 
consist  of  a  president,  clerk,  or  secretary,  a  board  of  not 
less  than  seven  directors,  a  treasurer  or  actuary,  or  both, 
and  such  other  officers  as  may  be  prescribed  by  its  by-laws. 

Section  4.  The  officers  of  every  such  corporation, 
except  the  treasurer  and  actuary,  shall  be  chosen  at  its 
annual  meeting.  The  treasurer  and  actuary  shall  be  ap- 
pointed by  the  directors,  and  shall  hold  their  respective 
offices  during  the  pleasure  of  the  board  of  directors  and 
shall  give  bond  for  the  faithful  discharge  of  their  duties  to 
the  satisfaction  of  said  board. 

Section  5.  The  corporation  may  adopt  by-laws  for 
the  proper  management  of  its  allairs  consistent  with  law, 
may  establish  rules  and  regulations  controlling  the  assign- 
ment and  transfer  of  its  shares,  may  determine  what  num- 
ber of  shares  shall  be  represented  at  any  meeting  to 
constitute  a  quorum.  If  the  quorum  is  not  so  determined, 
a  majority  in  interest  of  the  stockholders  shall  constitute  a 
quorum. 

Section  6.  Every  such  corporation  is  hereby  author- 
ized to  receive  on  deposit,  storage  or  otherwise,  moneys, 
government  securities,  stocks,  bonds,  coin,  jcM'clry,  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  re- 
quest of  the  depositor  to  collect  and  disburse  the  interest 
or  income  upon  such  of  said  property  received  on  deposit 
as  produces  interest  or  income,  and  to  collect  and  disburse 
the  principal  of  such  of  said  property  as  produces  interest 
or  income  when  it  becomes  due,  upon  terms  to  be  pre- 
scribed by  the  corporation,  and  also  to  advance  money 
or  credits  on  real  property  within  the  Commonwealth, 
and  on  personal  security  on  terms   that   may  be  agreed 


188S.  — Chapter  413.  439 

upon  ;  and  all  the  rights  and  privileges  necessary  for  the 
execution  of  such  powers  are  hereby  granted.  Deposits 
under  this  section  shall  be  general  deposits,  and  may  be 
made  by  corporations  and  persons  acting  individually  or 
in  any  trust  capacity. 

Section  7.     Any  court  of  law  or  equity,  and  any  court  Any  conn  of 

/.  1  T    .  1  ,»      1    •       >->!  1^1  1  law  or  equity 

of  probate  and  msolvency  ot  this  Commonwealth,  may  by  andcomtof 

T  ,1  •  T  ,  j_'  1         Drobate,  etc., 

decree  or  otherwise  direct  any  moneys  or  [)roperties  under  may  order 
its  control,  or  that  may  be  paid  into  court  by  parties  to  u "controuo L 
any  legal   proceedings,  or   which    mny   be    brought   into  ^7j,'^''j',p',', 
court  by  reason  of  any  order  or  judgment,  to  be  depos-  corporatioa. 
ited  with  such  corporation,  upon  such  terms  and  subject 
to  such  instructions  as  the  court  may  prescribe  :  provided,  f^^J^^'^fJ^^l '° 
however,  that  such  corporation  shall   not  be  required  to  without  its 
assume  or   execute  any  trust   without  its    assent.     Such 
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  projierty  proviso. 
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  Illi- 
nois, Iowa,  Michigan,  Minnesota,  Wisconsin,  or  the  cities 
or  counties  thereof,  or  stocks  of  state  or  national  banks  or- 
ganized within  this  Commonwealth,  or  in  the  first  mortgage 
bonds  of  any  railroad  company  incorporated  by  any  of  the 
New  England  states  and  whose  road  is  located  wholly  or  in 
part  in  the  same  and  which  has  earned  and  paid  regular  divi- 
dends on  all  its  issues  of  capital  stock  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  inv^est, 
or  upon  notes,  with  two  sureties,  of  manufacturing  cor- 
porations established  under  the  laws  of  this  state,  or  of 
individuals  with  a  sufficient  pledge  as  collateral  of  any  of 
the  aforesaid  securities  ;  l)ut  all  real    estate  acquired  by 
foreclosure  of  mortgage  or  by  levy  of  execution  shall  be 
sold  at  public  auction  within  two  years  after  such  fore- 
closure or  levy ;  provided,  also,  that  all  such  money  or  ^fonoy  or  prop- 
property  received,  invested  or  loaned  under  this  section  [,','J,^.«'S''etc.',  to 
shall  be  a  special  deposit  in  such  corporation,  and  the  ac-  |j^ ;'^j^^''''"' 


440 


1888.  —  Chapter  413. 


May  be 
appointed 
trustee  under 
any  will  or 
instnimeiit 
creating  a  trust. 


Capital  stock, 
etc.,  t  ■  be  held 
ae  secuiity  lor 
faithful  per- 
formance of 
duties. 


Court  may  com- 
pel any  oitlcer 
to  attend 
examination. 


Not  to  be 
required  to  exe 
cute  a  irupt 
without  its 
consent. 
I'roviso. 


Bound  to  follow 
directii'Ds  m 
will,  etc. 


counts  thereof  shall  be  kept  separate,  and  such  funds,  and 
the  investment  or  loans  of  them,  shall  be  specially  api)ro- 
priated  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  securinii'  the  observance  of  this 
proviso,  such  corporation  shall  have  a  trust  dei)artmcnt 
into  which  all  business  authorized  1)}'  this  section  shall  be 
kept  separate  and  distinct  from  its  ueneral  business. 

Section  8.  Every  such  corporation  may  be  appointed 
trustee  under  any  will  or  instrument  creating  a  trust  for 
the  care  and  management  of  property,  under  the  same 
circumstances  and  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  such  corporations,  with  the  liabilities  of  the 
stockholders  existing  thereunder,  together  with  the  trust 
guarantee  fund  as  hereinafter  provided,  shall  be  held  as 
security  for  the  faithful  discharge  of  the  duties  undertaken 
by  virtue  of  sections  seven  and  eight,  or  of  any  existing 
similar  provision  of  law  as  applicable  to  any  such  corpo- 
ration heretofore  chartered,  and  no  surety  shall  be  re- 
quired upon  the  Ijonds  tiled  l)y  such  corporation.  In  all 
prcceedings  in  the  probate  court  or  elsewhere,  connected 
with  any  authoiity  exercised  under  this  section,  or  under 
similar  provisions  relating  to  any  such  corporation  here- 
tofore chartered,  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 
ansAvers  and  examinations  under  oath  of  said  officer  shall 
be  received  as  the  answers  and  examinations  of  the  corpo- 
ration, and  the  court  may  order  and  compel  any  and  all 
officers  of  such  corporation  to  answer  and  attend  said 
examination  in  the  same  manner  as  if  they  were  parties  to 
the  proceedings  of  inquiry  instead  of  the  corporation  : 
provided,  however,  that  such  corporation  shall  not  be  re- 
quired to  receive  or  hold  any  property  or  moneys,  or  to 
execute  any  trust,  without  its  assent ;  provided,  also,  that 
it  shall  be  competent  for  the  party  making  a  deposit  with 
the  company,  to  direct  whether  such  money  and  property 
shall  be  held  and  invested  separately  or  invested  in  the 
general  trust  fund  of  the  company,  and  providf^d,  aUo, 
that  the  corporation  shall  always  be  l)ound  to  follow  and 
])e  governed  Ijy  all  directions  contained  in  any  will  or 
instrument  under  which  it  may  act. 


1888.  —  Chapter  413.  441 

Sfx'tion  9.  No  money,  ))roperty  or  securities  received  Jl^XTsectioM*^ 
or  held  by  such  corporation  under  the  provisions  "t' ^^ve-^ and  eight 
sections  seven  and  ci«-ht  of  this  act  shall  be  mins^led  with  minaiedwith 

. ,        .  i»     1  •      1       J        1  ^1  investments  of 

the  Hivestinents  ot  the  capital  stock  or  otner  moneys  or  capital  stocii. 
property  belonoing  to  such  corporation,  or  be  liable  for 
the  debts  or  obligations  thereof. 

Sectiox  10.  "The  directors  may  from  time  to  time  set  J,"J,7g"^raatee 
apart  as  a  trust  guarantee  fund,  such  portion  of  the  profits  fund. 
as  they  may  judge  expedient.  The  trust  guarantee  fund 
shall  be  invested  in  such  securities  only  as  the  trust  de- 
posits may  by  law  be  invested  in.  The  accounts  of  its 
investment  and  management,  and  the  securities  in  which 
it  is  invested,  shall  be  kept  in  the  trust  department. 

Section  11.     The  trust  guarantee  fund  shall    be    ab- Jrust  guarantee 

~  fund  pledged 

solutely  pledged  for  the  faithful  performance  by  the  cor-  for  faithful 
poration  of  all  its  duties  and  undertakings  under  the  'of'duties. 
seventh  and  eighth  sections  of  this  act,  and  shall  be 
applied  to  make  good  any  default  in  such  performante, 
and  such  pledge  and  liability  shall  not  in  any  respect 
relieve  the  ca[)ital  stock  and  general  funds  of  the  corpo- 
ration, but  creditors  under  the  seventh  and  eighth  sections 
shall  have  an  equal  claim  with  other  creditors  upon  the 
capital  and  other  property  of  the  corporation,  in  addition 
to  the  security  hereby  given. 

Section  12.     No  portion  of  such  trust  guarantee  fund  Not  to  be  trang- 

11  •      1        1   •  1  1  ferred  to  the 

shall  l)e  transferred  to  the  general  capital  while  the  cor-  general  capital, 
poration  has  undertakings  of  the   kind  mentioned   in   the  '^  '''•^°- 
seventh  and  eighth  sections,  for  whose  performance  bonds 
are  required  from  individuals,  outstanding  uncompleted  ; 
but  its  income,  if  not  needed  at  any  dividend  time  to  Disposition  of 
make  good  such  deposits  or  undertakings  may  l)e  added  '"'^°™®- 
to  and  disposed  of  with  the  general  income  of  the  corpo- 
ration. 

Section  13.     Such  corporation  shall  at  all  times  have  corporation  to 

,,  '        ^         f    ^  I?    j_i         TT     'j.     1    have  as  a  reserve 

on   hand,  as  a  reserve,  in   lawful   money  ot  tfie    United  an  amount  equal 
States,  an  amount  equal  to  at  least  fifteen  per  centum  of  [.°n"^'oMtr' 
the  aggregate  amount  of  all  its  de})osits  which  are  sub-  jX^aWeon''' 
ject  to  withdrawal  upon  demand  or  Avithin  ten  days  ;   and  demand. 
whenever  said  reserve  of  such  corporation  shall  be  below 
said  ])er  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  Proviso, 
lieu  of  lawful  money  two-thirds  of  said  fifteen  per  centum 


442 


1888.  —  Chapter  413. 


Liability  of 
shareholders. 


May  act  as 
agents  for 
issuing,  etc., 
bonds,  certifi- 
cates of  stock, 
etc. 


May  act  as 
trustee  or 
financial  agent, 
and  in  their 
behalf  negotiate 
loans,  etc. 


Not  to  make 
loan  on  security 
of  shares  of  its 
own  capital 
stock. 


Liability  of  any 
one  corporation, 
etc.,  not  to 
exceed  one-fifth 
of  paid  up 
capital  stock  of 
this  corporation. 


may  con.sist  of  balances  payable  on  demand,  due  from  any 
national  l)ank  doing  business  in  this  Commonwealth  or  in 
the  city  of  Ncav  York,  and  one-third  of  said  fifteen  per 
centum  may  consist  of  lawful  money  and  bonds  of  the 
United  States  or  of  this  Commonwealth,  the  absolute 
property  of  such  corporation. 

Section  14.  The  shareholders  of  such  corporation 
shall  be  held  individually  liable,  equally  and  ratably,  and 
not  one  for  another,  for  all  contracts,  debts  and  engage- 
ments of  the  corporation,  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. 

Section  15.  Such  corporations  are  also  authorized  to 
act  as  agents  for  the  purpose  of  issuing,  registering  or 
countersi":nino:  the  certificates  of  stock,  bonds  or  other 
evidence  of  indebtedness  of  any  corporation,  association, 
municipal  corporation,  state  or  national  government,  on 
such  terms  as  may  be  agreed  upon,  and  may  also  act  as 
tru.stee  or  financial  or  other  agent  for  any  person  or  firm, 
corporation,  association,  municipal  corporation  or  govern- 
ment, and  in  their  behalf  may  negotiate  loans  and  may 
sell  and  negotiate  the  sale  of  securities,  and  may  also  act 
as  trustee  for  the  bondholders  of  corporations,  and  to  this 
end  are  empowered  to  receive  transfers  of  real  and  per- 
sonal property  upon  such  terms  as  may  be  agreed  upon. 

Section  16.  No  such  corporation  shall  make  any  loan 
or  discount  on  the  security  of  the  shares  of  its  own  capital 
stock,  nor  be  the  purchaser  or  holder  of  any  such  shares, 
unless  such  security  or  purchase  shall  be  necessary  to 
prevent  loss  upon  a  debt  previously  contracted  in  good 
faith  ;  and  stock  so  purchased  or  acquired  shall,  within 
six  months  from  the  time  of  its  purchase,  be  sold  or  dis- 
posed of  at  public  or  private  sale. 

Section  17.  The  total  lial>ilities  to  such  corporation 
of  any  person,  firm  or  corporation,  other  than  cities  or 
towns,  for  money  borrowed,  including  in  the  lial)ilities  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  liills  of  exchange  drawn  in  good  faith 
against  actually  existing  values,  and  the  discount  of  com- 


1888.  —  Chapter  413.  443 

merciul  or  business  paper  actually  owned  by  the  person 
negotiating  the  same,  shall  not  be  considered  as  money 
borrowed. 

Sectiox  18.     Such  corporation   may  hold   real  estate  May  hold  real 

,  .      '^        ^    .         ,         .  .  .    estate  to  amount 

suital)le  tor  the  transaction  or  its  business  to  an  amount  not exciedin^ 
not  exceeding  twenty-five  per  cent,  of  its  capital,  and  in  c7nt°^of  lu  ^'''^ 
no  case  to  exceed  two  hundred  and  fifty  thousand  dollars,  capital. 

Sectiox  19.     No  [)erson  shall  be  a  director  in  any  such  ^houiero? at^ 
corporation  unless  he  is  a  stockholder  holding  not  less  than  iMst  ten  shares 

1  *  •       •  •     1        °'^  unpledged 

ten  shares  of  un|)ledged  stock  therein.     A  majority  ot  the  stock. 
directors  shall  be  citizens  of  and  resident  in  this  Common- 
wealth and  not  more  than  one-third  of  the  directors  shall 
be  directors  in  any  other  corporation  included  within  the 
provisions  of  this  act. 

Section  20.      Deposits  with  such  corporation,   which  ^^rTwabfeon''' 
can  be  withdrawn  on  demand  or  upon  not  exceeding  ten  demand, etc, 
days'  notice,  shall  for  the  purposes  of  taxation  be  deemed  in  possession 
money  in  possession  of  the  persons  to  whom  the  same  is  laxatiou."^"^  ° 
payable. 

Sectiox  21.  Such  corporation  shall  also,  annually,  to  make  annual 
between  the  first  and  tenth  days  of  May,  return  to  the  tax  con'misbioner 
commissioner  a  true  statement,  attested  by  the  oath  of  "^^Jp^'.^jy  ^eid  in 
some  officer  of  the  corporation,  of  all  personal  property  trust  uabie to 
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  or  towns, 
and  also  the  asfijreo-ate  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  returns  provided  by  said  act. 
Such  corporation  shall  annually  pay  to  the  treasurer  of 
the  Commonwealth  a  sum  to  be  ascertained  by  assessment 
by  the  tax  commissioner  u})on  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. 

Sectiox  22.  Such  corporation  shall  also,  annually,  Annual  return 
between  the  first  and  tenth  days  of  May,  return  to  the  tax  8°on\\  ofTuins 
commissioner  a  true  statement,  verified  by  the  oath  of  ['^terest^orTor 
some  officer  of  the  corporation,  of  the  amount  of  all  sums  mvustmeut. 


444 


1888.  —  CiiAPTEu  413. 


Payments  into 
the  state 
treasury. 


Not  to  be  taxed 
in  towns,  etc., 
where  beneti- 
ciaries  reside. 


Subject  to 
provisions  of 
P.  S.  13,  as  to 
taxation  of 
capital  stock. 


Books  to  be 
open  for  inspee^ 
tion  to  stock- 
holders, etc. 


Returns  to  be 
made  to  com- 
missioners of 
savings  banks. 


deposited  with  it  on  interest  or  for  investment,  other  than 
those  specified  in  the  twentieth  and  twenty-first  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.  Such 
corporation  shall  annually  pay  to  the  treasurer  of  the 
Commonwealth  a  sum  to  he  ascertained  by  assessment  by 
the  tax  commissioner  upon  an  amount  equal  to  the  total 
value  of  such  deposits  at  three-fourths  of  the  rate  ascer- 
tained and  determined  by  him  under  section  forty  of  chap- 
ter thirteen  of  the  Public  Statutes  and  acts  in  amendment 
thereof. 

Section  23,  No  taxes  shall  be  assessed  in  any  city  or 
town  for  state,  county  or  town  purposes,  upon  or  in 
respect  to  any  such  property  held  in  trust  or  any  such 
amounts  deposited  on  interest  or  for  investment,  but  such 
proportion  of  the  sum  so  paid  l)y  such  corporation  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  such  corporation  shall  be 
subject  to  sections  fifty-two,  fifty-three,  fifty-seven,  fifty- 
eight  and  fifty-nine  of  chapter  thirteen  of  the  Pul)lic 
Statutes  and  acts  in  amendment  or  lieu  thereof,  so  far  as 
the  same  are  applicable  thereto. 

Section  24.  Every  such  corporation  shall  be  subject 
to  the  provisions  of  chapter  thirteen  of  the  Public  Statutes 
as  to  the  taxation  of  its  capital  stock,  and  to  any  acts  in 
amendment  thereof  and  in  addition  thereto. 

Section  25.  The  books  of  such  corporation  shall  at 
all  reasonable  times  l)e  open  for  inspection  to  the  stock- 
holders and  to  beneficiaries  under  any  trust  held  by  such 
corporation  as  hereinbefore  provided. 

Section  26.  Such  corporation  shall,  annually,  within 
ten  days  after  the  last  business  day  of  October,  and  at 
such  other  times  as  the  commissioners  of  savings  banks 
may  require,   but   not  exceeding  four  times  within  any 


1888.  —  Chapter  413.  445 

calendar  year,  make  a  return  to  the  commissioners  of  sav-  Uetums  to  com- 
ings banks  in  this  Commonwealth,  showing  accurately  the  savTugsbauks. 
condition  thereof  at  close  of  business  on  said  day,  which 
shall  he  signed  and  sworn  to  by  its  president  and  secretary, 
treasurer  or  actuary  and  a  majority  of  its  board  of  direct- 
ors ;  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  :  amount  of  trust  guarantee  fund  ;  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  mortgages  of  real  estate  ; 
cash  on  hand  and  such  other  information  as  the  commis- 
sioners of  savings  banks  may  prescribe  ;  all  as  existing  at 
the  date   of  making  such  returns,  with  the  rate,  amount 
and  date  of  dividends  since  last  return.     The  commission-  commissioners 
ers  of  savings  banks  shall  have  access  to  the  vaults,  books  t°o  make^exami.^ 
and  })apers  of  the  company,  and  it  shall  be  their  duty  to  affai^ra.'"'" 
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  bank, 
subject  to  all  the  general  law^s  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  J^^'^J^J^n  Joim  of 
savings  banks  shall  be  in  the  form  of  a  trial  balance  of  its  a  tnai  balance 
books,  and  shall  specify  the  different  kinds  of  its  liabilities  be  published  iu 
and  the  different  kinds  of  its  assets,  stating  the  amount  gf  ""^^'^sp'"^!"^'- 
each  kind,  in  accordance  with  a  l)lank  form  to  be  furnished 
by  said  commissioners  ;  and  these  returns  shall  be  pub- 
lished in  a  newspaper  of  the  city  or  town  where  such 
corporation  is  located,  by  and  at  the  expense  of  such  cor- 
poration, at  such  times  and  in  such  manner  as  may  be 
directed  by  said  commissioners,  and  in  the  annual  report 
of  said  commissioners. 

Section  27.     The  name  shall  be  one  not  previously  in  Name  to  be  one 
use  by  any  existing  corporation  established  under  the  laws  a.^yexlsdng^ 
of  this  Commonwealth,  nor  so  nearly  identical  therewith  coipoiatiou. 
as  to  be  calculated  to  mislead,  and  shall  be  changed  only 


446 


1888.  — Chapters  414,  415. 


by  act  of  the  general  court.     The  words  "  trust  company ' 
shall  form  a  part  of  the  name. 

Section  28.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  28,  1888. 


ChOT)  414  ^^   ^*^^  ^^    REGULATE   THE    SALE     OF    CIDER    APPLES 


BEANS     AND 


PEAS. 


Sale  of  cider 
apples,  beans 
and  peas. 

Amendment  to 
P.  S.  6U,  §  -21. 


Weight  of  a 

bushel. 


Amendment  to 
P.  S.  60,  §  -22. 


Cha2)A15 


Processes 
issuing  from 
police  and 
district  courts. 
Amendment  to 
P.  8.  1.54,  §  30. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  twenty-one  of  chapter  sixty  of  the 
Public  Statutes  is  hereby  amended  to  read  as  follows  :  — 
/Section  21.  In  all  contracts  for  the  sale  and  delivery  of 
wheat,  corn,  rye,  oats,  barley,  buckwheat,  cider  apples, 
beans,  peas,  cracked  corn,  ground  corn  or  corn  meal, 
ground  rye  or  rye  meal,  or  feed,  or  any  other  meal  except 
oatmeal,  the  same  shall,  except  as  provided  in  chapter 
sixty-six,  be  bargained  for  and  sold  either  by  the  l)ushel 
or  by  the  cental. 

Section  2.  Section  twenty-two  of  chapter  sixty  of  the 
Public  Statutes  is  hereby  amended  to  read  as  follows  :  — 
Section  22.  A  bushel  of  wheat  shall  be  sixty  pounds 
avoirdupois  ;  a  bushel  of  corn  or  rye,  fifty-six  pounds  ;  a 
bushel  of  oats,  thirty-two  pounds  ;  a  bushel  of  barley  or 
buckwheat,  forty-eight  pounds;  a  bushel  of  apples,  when 
sold  for  the  purpose  of  making  cider,  fifty  pounds  ;  a 
bushel  of  beans  or  peas,  sixtj^-two  pounds ;  a  l)ushcl  of 
cracked  corn,  corn  meal,  rye  meal,  or  feed,  or  any  other 
meal  except  oatmeal,  fifty  pounds;  and  a  cental,  one 
hundred  pounds. 

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

Ajyproved  May  28,  1888. 

An  Act  to  amknd  section  thirty  of  chapter  one  hundred 
and    fifty-four    of    the    public    statutes    relating    to 
processes  issuing  from  police  and  district  courts. 
Be  it  enacted,  etc  ,  as  folloios : 

Section  thirty  of  chapter  one  hundred  and  fifty-four  of 
the  Public  Statutes  is  herel)y  amended  so  as  to  read  as 
follows  :  —  Section  30.  Processes  issuing  from  a  court 
having  a  clerk  shall  be  under  the  seal  of  the  court,  signed 
by  the  clerk  or  an  assistant  clerk,  and  shall  l)ear  teste  of 
the  first  justice  who  is  not  a  party.  In  other  res])ects  the 
processes  of  said  courts  shall  be  substantially  like  the 
processes  issued  by  trial  justices. 

Approved  May  28,  1888. 


1888.  — Chapter  416.  447 

An  Act  to  incorporate  the  naskatucket  cemetery  associa-  (Jhnj^  A\{\ 

TION   OF   FAIRHAVEN. 

Be  it  enacted.,  etc.,  as  folloics : 

Section  1.     Seth  Alden,  John  M.  Hathaway,  William  xaskatucket 
M.  Stetson,  Govham  B.  Howes,  Watson  Jenney,  Durfee  A^'^othuioD 
D.  Akin,  Nelson  H.   Stevens,  their    associates  and  sue-  i°«°'-P"'"^^- 
cessors,  are  hereby  made  a  corporation  by  the  name  of 
the  Naskatucket  Cemetery  Association  for  the  purpose  of 
acquiring,    holding,   managing  and    perpetuating  a  place 
for  the  burial  of  the  dead  in  the  town  of  Fairhaven,  with 
all  the  powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  liabilities  contained  in  general  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  similar 
corporations,  except  as  otherwise  herein  provided. 

Section  2.     Said  corporation  is  hereby  authorized  to  May  take 
take  possession  and  assume  legal  control  of  the  burying  theNa8k°rtucket 
ground  situated  in  Fairhaven  known   as  the  Naskatucket  Fah'haveu." 
cemetery,   and   may   acquire   by  gift,  bequest,    devise  or 
purchase,  and  may  hold  so  much  personal  propert}^  as  may 
be  necessary  for  the  objects  connected  with  and  appro- 
priate for  the  purposes  of  said  association  :  provided,  noth- 
ing herein  contained  shall  affect  the  individual  rights  of 
the  present  proprietors  of  said  cemetery. 

Section  3.     Any  })erson  who  shall  become  proprietor  Propn. tor  ot  a 
of  a  lot  in  any  lands   acquired  by  said  corporation,  and  meiHbevof  the 
any  person  who  is  or  may  become  a  proprietor  of  a  lot  coiporunon. 
whether  by  deed  or  otherwise,  in  the  real  estate  mentioned 
in  section  two  of  this  act  at  such  time  as  the  same  is  taken 
by  said  corporation,  shall  be  and  become  members  of  said 
corporation  upon  applying  to  the  trustees  hereafter  men- 
tioned,  and    receiving  from    the  corporation    a  deed    of 
ownership  of  such  lot,  and  whenever    any  person  shall 
cease  to  be  the  proprietor  of  a  lot  in  the  lands  of  said 
corporation  he  shall  cease  to  be  a  member  thereof. 

Section  4.  The  oificers  of  said  corporation  shall  con-  omctM-sof  the 
sist  of  five  or  more  trustees,  a  clerk,  a  treasurer,  and  such  '^°'p"'"'"°°- 
other  officers  as  may  be  provided  for  by  the  by-law^s. 
Such  ofiicers  shall  be  elected  by  the  corporation  at  a  meet- 
ing legally  called  for  that  purpose,  and  shall  hold  their 
offices  for  the  term  of  one  year  or  until  others  shall  bo 
chosen  and  qualified  in  their  stead,  unless  otherwise  pro- 
vided in  the  by-laws.  The  treasurer  shall  give  bond  for 
the  faithful  discharge  of  his  duties,  in  such  sum  and  with 


448 


1888.  — Chapters  417,  418. 


Covpoiation  to 
pay  damages 
sustaiofd. 


such  sureties  as  shall  be  required  by  the   by-laws  of  the 
corporation. 

Section  5.  The  said  cemetery  association  shall  pay 
all  damages  sustained  by  any  person  or  corporation  in 
property  by  the  taking  of  any  land  or  other  property,  or 
by  any  other  thing  done  by  said  association  under  the 
authority  of  this  act.  Any  })erson  or  corporation  sus- 
taining damages  as  aforesaid  under  this  act,  Avho  fails  to 
agree  with  said  association  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  one  year  from  the  taking  of  such  land  or 
other  property,  or  the  doing  of  other  injury  under  the 
authority  of  this  act ;  but  no  such  a})plication  shall  be 
made  after  the  expiration  of  said  one  year. 

Approved  May  28,  1888. 


O hCl n  4:\7   ^^^  ^^^  "^^  PROVIDE  FOR  AIDING  DISCHARGED  FEMALE   PRISONERS. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  commissioners  of  prisons  ma}' expend 
for  aiding  discharged  female  prisoners  a  sum  not  exceed- 
ing three  thousand  dollars  annually. 

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

Approved  3Iay  28,  1888. 


Aid  for  dis- 
charged female 
prisoners. 


GhapA\S 


State  tax  of 
$2,250,000. 


An  Act  to  apportion  and  assess  a  state  tax  of  tm^o  million 
two  hundred  and  fifty  thousand  dollars. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Each  city  and  town  in  this  Commonwealth 
shall  be  assessed  and  pay  the  several  sums  with  which 
they  stand  respectively  charged  in  the  following  schedule, 
that  is  to  say  :  — 


Barnstable 
county. 


BARNSTABLE    COUNTY. 


Barnstable, 

Thirty-eight   hundred     ninety-two 

dollars  and  fift}^  cents, 

?,'3,892  50 

Bourne, 

Eleven  hundred  ninet^^-two  dollars 

and  lifty  cents,      .... 

1,192  50 

Brewster,  . 

Seven    hundred   forty-two   dollars 

and  fifty  cents,      .... 

742  50 

Chatham,   . 

Nine  hundred  and  ninety  dollars,   . 

990  00 

1888.  —  Chapter  418. 


449 


BARNSTABLE  COUNTY  —  Concluded. 


Barnstable 
county. 


Dennis, 

1  Seventeen   hundred  seventy-seven 

dollars  and  fifty  cents. 

$1,777  50 

Eastham,    . 

i  Three  hundred  and  fifteen  dollars. 

315  00 

Falmouth,  . 

Forty-nine  hunih-ed  and   five  dol- 

j       lars, 

4,905  00 

Harwich,    . 

Thirteen   hundred   and  ninety-tive 

dollars, 

1,395  00 

Mashpee,    . 

One  hundred  fifty -seven  dollars  and 

fifty  cents,    ..... 

157  50 

Orleans, 

Seven    hundred   forty-two   dollars 

and  fifty  cents,      .... 

74-2  50 

Provincetown,    . 

i  Twenty-seven  hundred  and  fort}'- 

1       five  dollars 

2,745  00 

Sandwich,  . 

Twelve  hundred  eighty-two  dollars 

and  fifty  cents,      .... 

1,282  50 

Truro, 

Three  hundred  eighty-two  dollars 

and  fifty  cents,  •     .        .        .        . 

382  50 

Wellfleet,  . 

Eleven  hundred  ninety-two  dollars 

and  fifty  cents,      .... 

1,192  50 

Yarmouth, 

Two  thousand  two  dollars  and  fifty 

cents, 

2,002  50 

$23,715  00 

BERKSHIRE    COUNTY^ 


Berkshire 
county. 


Adams, 

Fortv-four  hundred  seventy-seven 

dollars  and  fift}'  cents. 

$1,477 

50 

Alford,       . 

Three  hundred  and  fifteen  dollars. 

315 

00 

Becket, 

Four  hundred  and  ninety-five  dol- 

lai's, 

495 

00 

Cheshire,    . 

Nine  hundred  twenty-two   dollars 

and  fiftv  cents.      .... 

922 

50 

Clarkslnirg. 

Two   hundred   forty-seven   dollai's 

and  fiftv  cents,      .... 

247 

50 

Dal  ton, 

Two  thousand  forty-seven  dollars 

and  fifty  cents,      .... 

2,047 

50 

Egremont, . 

Five  hundred  and  forty  dollars. 

540 

00 

Florida, 

Two  hundred  and  twentv-five  dol- 

lai's,        

225 

00 

Great  Barrington, 

Thirty-six  luindred  and  ninety  dol- 

lars,        

3,690 

00 

Hancock,    . 

Five  hundred  seventeen  dollars  and 

fiftv  cents, 

517 

50 

Hinsdale,   . 

Nine  hundred    and   fort^'-five  dol- 

lai's,        

945 

00 

450 


1888.  — CuArTER  418. 


Berkshire 
county. 


BERKSHIRE  COUNTY  —  Concluded. 


Lanesborough,  . 

Lee,    . 

Lenox, 

^Monterey,  .     .  . 

Mt.  Washington, 

New  Ashford,    . 

New  Marlboro', . 

North  Adams,    . 

Otis,   . 

Peru, . 

Pittsfield,   . 

Richmond, 
Sandisfield, 
Savoy, 
Sheffield,    . 
Stockbridge, 
Tyi'ingham, 
Washington, 
W.  Stockbridge, 
Williamstown,  . 
Windsor,    . 


Six  hundred  ninety-seven  dollars 
and  fifty  cents 

Twenty-five  hundred  and  sixty-five 
dollars, 

Nineteen  hvmdred  and  eight}'  dol- 
lars,  

Two  hundred  ninety-two  dollars 
and  fifty  cents,      .... 

One  bundled  and  thirty-five  dollars, 

Ninety  dollars,         .... 

Eight  hundred  and  ten  dollars. 

Sixty-five  hundred  forty-seven  dol- 
lars and  fifty  cents, 
Two  hundred  and  seventy  dollars, 

One  hundred  fifty-seven  dollars 
and  fifty  cents,      .... 

Eleven  thousand  two  hundred  and 
five  dollars, 

Six  hundred  seven  dollars  and  fifty 
cents, 

Four  hundred  and  ninety-five  dol- 
lars,        

Two  hundred  forty-seven  dollars 
and  fiftj-  cents,      .... 

Eleven  hundred  and  seventj"  dol- 
lars,        

Thirty-three  hundred  seven  dollars 
and  fifty  cents,      .... 

Two  hundred  ninety-two  dollars 
and  fifty  cents,      .... 

Two  him'dred  forty-seven  dollars 
and  fifty  cents,     .... 

Nine  hundred  twenty-two  dollars 
and  fifty  cents,      .... 

Twenty-one  hundred  thirty-seven 
dollars  and  fifty  cents. 

Two  hundred  and  seventy  dol- 
lars,        


$697 

50 

2,565 

00 

1,980  00 

292 
135 

50 
00 

90  00 

810 

00 

6,547 
270 

50 
00 

157 

50 

11,205 

00 

607 

50 

495 

00 

247 

50 

1,170  00 

3,307 

50 

292  5C 

247 

50 

922 

50 

2,187 

50 

270  00 

$48,870 

00 

Bristol  county. 


Acushnet,  . 
Attleborough, 


BRISTOL   COUNTY. 


Eight  hundred  and  fifty-five  dol- 
lars,        

Seventy-six  hundred  and  Mty  dol- 
lars,       


$855  00 
7,650  00 


1888.  —  Chapter  418. 


451 


BRISTOL  COUNTY  —  CoxcLUDED. 


Bristol  county. 


Berkley,     . 
Dartmouth, 
Dighton,     . 
Easton, 
Fairhaven, 
Fall  River, 
Freetown,  . 
Mansfield,  . 
New  Bedford, 
Xorton, 
Raynham,  . 
Rehoboth,  . 
Seekonk,    . 
Somerset,  . 
Swanzey,    . 
Taunton,    . 
Westport,  . 


Five  hundred  sixty-two  dollars  and 
fifty  cents,     .... 

Twenty-seven  hundred  and  forty- 
five  dollai's,  .... 

Ten   hundred   twelve   dollars   and 
fifty  cents,     .... 

Forty-nine  hundred  and  fifty  dol 
lars, 

Two  thousand  and  twenty-five  dol 
lars, 

Fift3'-two   thousand   nine   hundred 
forty-two  dollars  and  fifty  cents. 

Eleven  hundred  ninety-two  dollars 
and  fifty  cents,      .... 

Fourteen  luindred  and  eighty-five 
dollars, 

Forty  thousand  five  hundred  twen- 
ty-two dollars  and  fifty  cents, 

Ten   hundred   twelve   dollars   and 
fifty  cents,     .         .         .         .         . 

Twelve  hundred  and  sixty  dollars. 

Nine  hundred  twenty-two   dollars 

and  fifty  cents, 
Eight  hundred  seventy-seven  dol 

lars  and  fifty  cents. 
Fifteen  hundred  and  seventy-five 

dollars, 

Nine  hundred  sixtj^-seven  dollars 

and  fifty  cents. 
Twenty  thousand  nine  hundred  for 

ty-seven  dollars  and  fifty  cents. 
Eighteen  hundred  dollars. 


$5C2  50 
2,745  00 
1,012  50 
4,950  00 
2,025  00 

52,942  50 
1,192  50 
1,485  00 

40,522  50 

1,012  50 
1,260  00 

922  50 

877  50 

1,575  00 

967  50 

20,947  50 
1,800  00 


$145,305  00 


DUKES   COUNTY. 


Dukes  comity. 


Chilmark,  . 
Cottage  City, 
Edgartown, 
Gay  Head, . 
Gosnold,  . 
Tisbury, 


Two  hundred  ninety-two  dollars 
and  fifty  cents,      .... 

Fifteen  hundred  fifty-two  dollars 
and  fifty  cents,      .... 

Nine  hundred  and  ninety  dollars,  . 

Twenty-two  dollars  and  fifty  cents. 

Two  hundred  two  dollars  and  fifty 

cents, 

Nine  hundred  and  forty-five  dollars. 


f292  50 

1,552  50 
990  00 

22  50 


202  50 
945  00 

$4,005  00 


452 


1888.  — Chapter  418. 


Essex  caiintv. 


ESSEX  COUNTY. 


Amesbiiry, 

Aiidover, 

Beverly, 

Boxford, 

Bradford, 

Danvevs, 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, 

Lynnficld, 

Manchester, 

Marblehead, 

Merriniac,  . 

Methuen,    . 

Middleton, 

Nahant, 

Newbury,  . 

Newburyport, 

North  Andover, 

Peabody,    . 


Twenty-three  himdred  and  forty 
dollars,  .... 

Sixtj'-two  hundred  seventj'-seven 
dollars  and  iifty  cents, 

Thii-teen  thousand  six  hundred  and 
eighty  dollars. 

Seven  hundi'ed  eighty-seven  dollar 
and  fifty  cents, 

Nineteen  hundred  fifty-seven  dol 
lars  and  fifty  (;ents, 

Fortj'-five  hundred  and  ninety  dol 
lars, 

Eleven  hundred  and  twenty-five 
tlollars,  .... 

Thirteen  hundred  twenty-seven  dol 
lars  and  fifty  cents. 

Fifteen  thousand  four  hundred  and 
eighty  dollars. 

Eleven  hundred  and  twenty-five 
dollars, 

Seven  hundi'ed  eighty-seven  dol 
lars  and  fifty  cents. 

Eighteen  thousand  and  ninety  dol 
lars, 

Twenty-six  hundred  seventy-seven 
dollars  and  fifty  cents. 

Thirty-two  thousand  nine  hundred 
and  eighty-five  dollars. 

Thirty-five  thousand  three  hundred 
forty-seven  dollars  and  fifty  cents, 

Six  hundred  and  seventy-five  dol- 
lars,        

Fifty-nine  hundred  and  forty  dol- 
lars,      ...... 

Fifty-live  hundred  and  eightj-  dol- 
lars,        

Fifteen  hundred  seven  dollars  and 
fifty  cents,    ..... 

Thirty-five  hundred  and  fifty-five 
dollars, 

Six  hundred  fifty-two  dollars  and 
fifty  cents, 

Seven  thousand  and  twenty  dollars. 

Thirteen  hundred  twenty-seven  dol- 
lars and  fifty  cents. 

Ten  thousand  two  hundred  eight}-- 
two  dollars  and  fifty  cents, . 

Thirty-two  hundred  and  eighty-five 
dollars,  ..... 

Eighty-six  hundred  seventeen  dol- 
lars and  fifty  cents, 


$2,340  00 
6,277  50 

13,680  00 
787  50 
1,957  50 
4,590  00 
1,125  00 
1,327  50 

15,480  00 

1,125  00 

787  50 

18,090  00 
2,677  50 

32,985  00 

35,347  50 

675  00 

5,940  00 

5,580  00 

1,507  50 

3,555  00 

652  50 
7,020  00 

1,327  50 

10,282  50 

3,285  00 

8,617  50 


1888.  —  Chapter  418. 


453 


ESSEX  COUNTY  —  Concluded. 


Essex  county. 


Rockport,  . 

1 
Twenty-five  hundred  eighty-seven 

dollars  and  lifty  cents. 

12,587  50 

Rowley, 

Seven  hundred  and  twenty  dollars, 

720  00 

Salem, 

Thirty-one  thousand  nine  hundred 

seventy-two  dollars  and  fifty  cents. 

81,972  50 

Salisbury,  . 

Three  thousand  and  sixty  dollars,  . 

3,060  00 

Saugus, 

Nineteen  hundred    and   thirty-five 

dollars,          ..... 

1,935  00 

Swampscott, 

Forty-four  hundred  thirty-two  dol- 

lars and  fifty  cents,       ". 

4,432  50 

Topsfield,  . 

Nine  hundred  dollars. 

900  00 

Wenham,    . 

Six  hundred  fifty-two  dollars  and 

fifty  cents, 

652  50 

West  Newbury, 

Thirteen  hundred  and  fifty  dollars. 

1,350  00 

1234,630  00 

FRANKLIN    COUNTY. 

Franklin 
county. 

Ashfield,     . 

Five  hundred  and  eighty-five  dol- 

lars,        

$585  00 

Bernardston, 

Five  hundred  and  eighty-five  dol- 

lars,        

585  00 

Buekland,  . 

Six  hundred  and  seventy-five  dol- 

lars,        

675  00 

Charlemont, 

Four  hundred  and  fifty  dollars, 

450  00 

Colrain, 

Seven    hundred    fortj^-two  dollars 

and  fifty  cents,      .... 

742  50 

Conway,     . 

Nine  hundred  twenty-two   dollars 

1       and  fifty  cents,      .... 

922  50 

Deerfield,  . 

Fifteen  hundred  ninety-seven  dol- 

lars and  fifty  cents. 

1,597  50 

Eryiug, 

Four  hundred  twenty-seven  dollars 

and  fifty  cents,     .... 

427  50 

Gill,    . 

Five  hundred  sixty-two  dollars  and 

fifty  cents, 

562  50 

Greenfield, 

Forty-five  hundred  dollars,     . 

4,500  00 

Hawley,     . 

Two  hundred  two  dollars  and  fifty 

cents, 

202  50 

Heath, 

Two  hundred  and  twenty-five  dol- 

lars,        

225  00 

Leverett,    . 

Three  hundred  eighty-two  dollars 

and  fifty  cents,      .... 

382  50 

Leyden, 

Two   hundred    forty-seven  dollars 

and  fifty  cents,      .... 

247  50 

454 


1888.  — Chapter  418. 


Franklin 
eounty. 


FRANKLIN   COUNTY  —  Concluded. 


Monroe, 
Montague, . 
New  Salem, 
Northfield, 
Orange, 
Rowe, 
Shelburne, 
Shutesbury, 
Sunderland, 
Warwick,  . 
Wendell,    . 
Whately,    . 


Sixty-seven  dollars  and  fifty  cents. 

Thirty-six  hundred  and  forty-five 
dollars, 

Three  hundred  eighty-two  dollars 
and  fifty  cents,      .... 

Nine  hundred  dollars. 

Twenty-six  hundred  thirty-two  dol- 
lars and  fifty  cents, 

Tavo  hundred  forty-seven  dollars 
and  fifty  cents,      .... 

Ten  hundred  and  eighty  dollars,     . 

Two  hundred  two  dollars  and  fifty 

cents, 

Five  hundi'ed  and  forty  dollars. 

Three  hundred  and  sixty  dollars,    . 

Tv/o  hundred  forty-seven  dollars 
and  fifty  cents,      .... 

Six  hundred  seven  dollars  and  fifty 
cents, 


$67  60 


3,645  00 

382  50 
900  00 


2,632  50 

247  50 
1,080  00 


202  50 
540  00 

360  00 


247  50 
607  50 


5,017  50 


Hampden 
county. 


HAMPDEN   COUNTY. 


Agawam,  . 
Blandford, . 
Brimfield,  . 
Chester, 
Chicopee,  . 
Granville,  . 
Hampden,  . 
Holland,  . 
Holyoke,  . 
Longmeadow, 
Ludlow, 


Fifteen  hundred  ninety-seven  dol- 
lars and  fifty  cents. 
Four  hundred  and  fifty  dollars, 

Six  hundred  fifty-two  dollars  and 

fifty  cents,    ..... 
Six  hundred  fifty-two  dollars  and 

Mty  cents, 

Seventy-two   hundred    twenty-two 

dollars  and  fifty  cents. 
Four  hundred  seventy-two  dtillars 

and  fifty  cents,      .... 
Five  hundred  seventeen  dollars  and 

fifty  cents, 

One  hundred  and  thirty-five  dollai-s. 

Twenty   thousand    three    hundred 

sixty-two  dollars  and  fifty  cents. 

Fourteen  hundred  and  forty  dollars. 

Nine  hundred  and  foi'ty-tive dollars. 


11,597 
450 

50 
00 

652 

50 

652  50 

7,222  50 

472 

50 

517 
135 

50 
00 

20,362 
1,440 

50 
00 

945  00 


1888.  —  Chapter  418. 


455 


HAMPDEN  COUNTY  —  Concluded. 


Hampcien 
couuiy. 


Monson, 

Two  thousand  and  twenty-five  dol- 

lai's, 

$2,025  00 

Montgomei-y,     . 

One  hundred  fifty-seven  dollars  and 

fifty  cents, 

157  50 

Palmer, 

Thirty-two  hundred  and  forty  dol- 

lars,        

3,240  00 

Russell, 

Five  hundred  sixty-two  dollars  and 

fifty  cents, 

5G2  50 

Southwick, 

Seven  hundred  and  twenty  dollars. 

720  00 

Springfield, 

Forty-seven  thousand  five  hundred 

forty-two  dollars  and  fifty  cents, 

47,542  50 

Tolland,      . 

Two  hundred  and  twenty-five  dol- 

lars,        

225  00 

Wales, 

Three  hundred  eighty-two  dollars 

and  fifty  cents,      .... 

382  50 

West  Springfield, 

Four  thousand  and  five  dollars. 

4,005  00 

Westfield,  . 

Eight  thousand  seventy-seven  dol- 

lars and  fifty  cents. 

8,077  50 

Wilbrahara, 

Nine  hundred  dollars, 

900  00 

$1C  2,285  00 

HAMPSHIRE   COUNTY. 


Amherst,    . 

Thirty-four  hundred  forty-two  dol- 

lars and  fiftv  cents. 

13,442  50 

Belchertown, 

Eleven  hundred  forty-seven  dollars 

and  fifty  cents,     .... 

1,147  50 

Chesterfield, 

Three  hundred  eighty-two  dollai's 

and  fifty  cents,      .... 

382  50 

Cummington,     . 

Four  hundred  and  five  dollars. 

405  00 

Easthampton,     . 

Three  thousand  and  fifteen  dollars. 

3,015  00 

Enfield, 

Eight  hundred  seventy-seven  dol- 

lars and  fifty  cents, 

877  50 

Goshen, 

One  hundred  and  eighty  dollars,     . 

180  00 

Gran  by. 

Five  hundred  and  eighty-five  dol- 

lars,        

585  00 

Greenwich, 

Four  hundred  twenty-seven  dollars 

and  fifty  cents,      .... 

427  50 

Hadley,      . 

Fourteen   hundred   and   forty  dol- 

lars,        

1,440  00 

Hatfield,     . 

Twelve  hundred  and   fifteen   dol- 

lars,       

1,215  00 

Huntington, 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

Hampshire 
county. 


456 


1888.  —  Chapter  418. 


Hiimpsliirc 
uowntv. 


IIAMrsrimE  county  —  Concluded. 


Middlefield, 

Four  hundred  and  five  dollars, 

f-405  00 

Northampton,    . 

Ten  thousand  eighl  hundred  twenty- 

two  dollars  and  fifty  cents. . 

10,822  50 

relham, 

Two  hundred  and  twenty-five  dol- 

lars,        

22o  00 

Plainfield,  . 

Two  hundred  two  dollars  and  fifty 

cents, 

202  50 

P*i-escott,     . 

Two  hundred  and  twenty-five  dol- 

lars,      ...... 

225  00 

South  Hadlev,    . 

Twenty-two  himdred  and  five  dol- 

lars,        

2,205  00 

Southampton,     . 

Six  hundred  and  thirty  dollars. 

G30  00 

AVare, 

Thirty-eight    hundred     ninety-two 

dollars  and  fiftv  cents, 

3,892  50 

Westhampton,    . 

Three  hundred  thirty-seven  dollars 

and  fifty  cents,      .... 

337  50 

Williamsburg,   . 

Eleven  himdred  and  seventy  dol- 

lars,        

1.170  00 

Worthington,     . 

Four  hundred  and  five  dollars, 

405  00 

$34,245  00 

iliiljlese.x 
cHiuntv. 


MIDDLESEX  COUNTY. 


Acton, 

Sixteen  hundred  and  sixty-five  dol- 

lars,        

$1,665  00 

Arlington,  . 

Six  thousand  and  thirtj^  dollars, 

6,030  00 

Ashby, 

Six  hundred  seven  dollars  and  fifty 

cents,    ...... 

607  50 

Ashland,     . 

Sixteen  hundred  eighty-seven  dol- 

lars and  fifty  cents. 

1,687  50 

Ayer, . 

Fourteen  hundred  and  eighty-five 

dollars, 

1,485  00 

Bedford,     . 

Ten   hundred  twelve  dollars  and 

fifty  cents, 

1,012  50 

Belmont,    . 

Thirty-nine  hundred  and  sixty  dol- 

lars,        

3,960  00 

Billerica,    . 

Twenty-one  hundred  and  sixty  dol- 

lars,        

2,160  00 

Boxborough, 

Three  hundred  and  fifteen  dollars, 

315  00 

Burlington, 

Five  hundred  and  eighty-five  dol- 

lars,        

585  00 

Cambridge, 

Seventy  thousand  one  hundred  and 

ten  dollars, 

70,110  00 

Carlisle, 

Four  hundred  seventy-two  dollars 

and  fifty  cents,      .... 

472  50 

1888.  — Chapteh  418. 


457 


MIDDLESEX   COUNTY-  Continued. 


Middlesex 
county. 


Chelmsford, 

Two  tliousand  and  seventy  dollars, 

12,070  00 

Concord,     , 

Forty-tvv'o  hundred  and  thirty  dol- 

lars,  

4,230  00 

Dracut, 

Fourteen    hundred    sixty-two   dol- 

lars and  lifty  cents, 

1,462  50 

Dunstable, 

Four  hundred'and  five  dollars, 

405  00 

Everett, 

Sixty-three  Jiundred  and  ninety-  dol- 

lars,        

6,390  00 

Framingham,     . 

Seventy-eight  hundred  and  seven- 

ty-five dollars,      .... 

7,875  00 

Gi'oton, 

Thirty-six  hundred  twenty-two  dol- 

lars and  fifty  cents. 

3,622  50 

Holliston,  . 

Twenty-one  hundred  and  sixt}-  dol- 

lars,      ...... 

2,160  00 

Ilopkinton , 

Twenty-seven  hundi-ed  dollars, 

2,700  00 

Hudson, 

Twenty-six  hundred  and    ten   dol- 

lars,      ...... 

2,610  00 

Lexington, 

Thirty-five  hundred  thirty-two  dol- 

lars and  fifty  cents. 

3,532  50 

Lincoln, 

Fifteen  hundred  seven  dollars  and 

fifty  cents, 

1,507  50 

Littleton,    . 

Nine  hundred  and  ninety  dollars,    . 

990  00 

Lowell, 

Sixty-four  thousand   two  hundred 
eighty-two     dollars     and      fifty 

cents,     ...... 

64,282  50 

Maiden, 

Sixteen  thousand  six  hundred  sev- 

enty-two dollars  and  fift}'  cents, . 

16,672  50 

Marlborough,     . 

Fifty-six  hundred  two  dollars  and 

fifty  cents,     ..... 

5,602  50 

Majnard,    . 

Twenty-four   hundred    seven    dol- 

lars and  fifty  cents, 

2,407  50 

Medford,    . 

Ten   thousand   four   hundred    and 

forty  dollars,         .... 

10,440  00 

Melrose, 

Fifty-eight  hundred  and  ninety-five 

dollars, 

5,895  00 

Natiek, 

Sixty-two    hundred    and   fifty-five 

dollars, 

6,255  00 

Newton, 

Thirty-seven  thousand  two  hundred 

and  sixty  dollars, .... 

37,260  00 

North  Reading, . 

Six  huntii-"ed  seven  dollars  and  fifty 

cents, 

607  50 

Pepperell,  . 

Eighteen  hundred  sixty-seven  dol- 

lars and  fifty  cents, 

1,867  50 

Reading,     . 

Twenty-nine  hundred  and  twenty- 

five  dollars,  ..... 

2,925  00 

Sherborn,  . 

Ten  hundred  fifty-seven  dollars  and 

fifty  cents,    ..... 

1,057  50 

Shirley, 

Nine  hundred  dollars, 

900  00 

458 


1888.  —  Chapter  418. 


Middlesex 
county. 


MIDDLESEX  COUNTY  —  Concluded. 


Somerville, 
S  ton  eh  am,  . 
Stow, . 
Sudbury,    . 
Tevvksbury, 
Townsend, 
Tyngsborough, 
Wakefield, 
Waltham,  . 
Watertown, 
Wayland,   . 
Westford,  . 
Weston, 
Wihnington, 
Winchester, 
Woburn,     . 


Thirty  thousand  one  hundred  twen- 
ty-seven doHars  and  fifty  cents,  . 

Thirty-nine  liundred  thirty-seven 
dollars  and  fifty  cents. 

Twelve  hundred  and  fifteen  dol- 
lars,        

Thirteen  hundred  twenty-seven 
dollars  and  iifty  cents, 

Sixteen  hundred  forty-two  dollars 
and  fifty  cents,     .... 

Twelve  hundred  eighty-two  dol- 
lars and  fifty  cents, 

Four  hundred  and  fifty  dollars. 

Forty-eight  hundred  eighty-two 
dollars  and  fifty  cents, 

Thirteen  thousand  seven  hundred 
f  orty-seA'en  dollars  and  fifty  cents. 

Eighty-two  hundi'ed  twelve  dollai's 
and  fifty  cents,      .... 

Fifteen  hundred  and  seventy-five 
dollars, 

Thirteen  hundred  seventy-two  dol- 
lars and  fifty  cents, 

Twenty-eight  hundred  twelve  dol- 
lars and  fifty  cents. 

Six  hundred  ninety-seven  dollars 
and  fifty  cents,      .... 

Fifty-two  hundred  forty-two  dol- 
lars and  fifty  cents. 

Ninety-nine  hundred  dollars,  . 


$30,127  50 

3,937 

50 

1,215 

00 

1,327 

50 

1,642 

50 

1,282 
450 

50 
00 

4,882 

50 

13,747 

50 

8,212 

50 

1,575 

00 

1,372 

50 

2,812 

50 

697 

50 

5,242  50 
9,900  00 

$374,242 

50 

Nantucket 
couuty. 


Nantucket, 


NANTUCKET    COUNTY. 


Thirty-four   hundred    eighty-seven 
dollars  and  fifty  cents. 


},487  50 


Norfolk  county. 


NORFOLK  COUNTY. 

Bellingham, 
Braintree,  . 
Brookline, . 

Seven  hundred  and  twenty  dollars, 

Thirty-nine    hunth-ed    thirty-seven 

dollars  and  fifty  cents. 
Thirty-nine  tliousand  five  hundred 

thirty-two  dollars  and  fift}'  cents. 

f720 

3,937 
39,532 

00 

50 
50 

1888.  — Chapter  418. 


4'59 


NORFOLK  COUXTY  — Concluded. 


Norfolk  county. 


Canton, 

Forty-four  hundred  thirty-two  dol- 

lars and  fifty  cents. 

14,432  50 

Cohasset,    . 

Fort^-one  hiuidred  and  eighty-five 

dollars,          ..... 

4,185  00 

Dedluim,     . 

Sixty-seven  hundred  and  fifty  dol- 

lars,        

6,750  00 

Dover, 

Nine  hundred  dollars. 

900  00 

Foxborougli, 

Eighteen  hundred  sixty-seven  dol- 

lars and  fifty  cents. 

1,867  50 

Franklin,    . 

Twenty-five  hundred   and    twenty 

dollars,          .         .         .         .       \ 

2,520  00 

Holbrook,  . 

Seventeen    liundred    and   fift\'-five 

dollars,          .         .         . "       . 

1,755  00 

Hyde  Park, 

Sixty-four  hundred  twelve  dollars 

and  fifty  cents,      .... 

6,412  50 

Medfield,    . 

Thirteen  hundred   and  ninety-five 

dollars, 

1,395  00 

Medway,    . 

Seventeen  hundred  thirty-two  dol- 

lars and  fifty  cents, 

1,732  50 

Millis, 

Five  hundred  and  forty  dollars. 

540  00 

Milton, 

Fifteen    thousand    seven    hundred 
twenty-seven    dollars    and    fifty 

cents,     ...... 

15,727  50 

Needham,  . 

Twenty-three    hundred    and   forty 

dollars, 

2,340  00 

Norfolk, 

Four  hundred  and  ninety-five  dol- 

lars,        

495  00 

Norwood, 

Twenty-five  hundred  forty-two  dol- 

lars and  fifty  cents, 

2,542  50 

Quincy, 

Ten  thousand  seven  hundred  seven- 

ty-seven dollars  and  fifty  cents,  . 

10,777  50 

Randolph,  . 

Twenty-nine  hvmdred  and  twenty- 

five  dollars,  ..... 

2,925  00 

Sharon, 

Fom-teen  hundred  and  forty  dollars. 

1,440  00 

Stoughton, 

Twenty-nine  hundred  and  seventy 

dollars, 

2,970  00 

Walpole,    . 

Nineteen  himdred  and  eighty-  dol- 

lars, 

1,980  00 

Wellesley, 

Fifty-five  hundred  and  eighty  dol- 

lars,       ...                .        . 

5,580  00 

Weymouth, 

Seventy-four  hundred  and  seventy' 

dollars, 

7,470  00 

Wrentham, 

Seventeen  hundred  and  ten  dollars, 

1,710  00 

$132,637  50 

4G0 


18SS.  —  Chapter  418. 


Plymouth 
county. 


PLYMOUTH    COUNTY. 


Abington,  . 

Bridgewater, 

Brockton,  , 

Carver, 

Duxbury,    . 

E.  Bridgewater, 

Halifax, 

Hanover,    . 

Hanson, 

Hingham,  . 

Hull,  . 

Kingston,   . 

Lakeville,  . 

Marion, 

^Nlarshfield, 

Mattapoisett, 

Middleborough, 

Xorwell, 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Rockland, 

Scituate, 

Wareham, 


Twenty-four  liundred  and  seventy- 
five  "dollars I        f 2,475  00 

Twentv-nine  hundred  and  seventy 

dollars, 2,970  00 

Fifteen  thousand  eight  hundred  and 

eighty-five  dollars,        .         .         .  •         15,885  00 

Eight  hundred  and  ten  dollars,        .  810  00 

Sixteen  hundred  eighty-seven  dol- 
lars and  fifty  cents,       .         .         .  1,687  50 

Nineteen  hundred  fifty-seven  dol- 
lars and  fifty  cents,       .         .         .  1,957  50 

Three  hundred  and  fifteen  dollars,  315  00 

Fifteen  hundred  and  thirty  dollars,  1,530  00 

Seven  hundred  and  sixty-five  dol- 
lars,         765  00 

Forty-four  hundred  and  fifty-five 

dollars, 4,455  00 

Twenty-four  hundred  fifty-two  dol- 
lars and  fifty  cents,       .         .         .  2,452  50 

Twenty-four  hundred  seven  dollars 

and  fifty  cents,      ....  2,407  50 

Six  hundred  and  thirty  dollars,       .  630  00 

Eleven  hundred  forty-seven  dollars 

and  fifty  cents,      ....  1,147  50 

Thirteen   hundred  and   ninety-five 

dollars, 1,395  00 

Eigliteen  hundi'ed  twenty-two  dol- 
lars and  fifty  cents,       .         .         .  1,822  50 

Thirty-seven  hundred  twelve  dol- 
lars and  fifty  cents,      .         .         .  3,712  50 

Tliirteen  liundred  seventh-two  dol- 
lars and  fifty  cents,       .         .         .  1,372  50 

Eight  hundred  and  ten  dollars,        ,  810  00 

Sixtv-one   hundred  and  sixtv-five 

dollars,  .         .         .        ^         .  6,165  00 

Three  hundred  and  sixty  dollars,    .  360  00 

Five  hundred  and  eighty-five  dol- 
lars,                .  585  00 

Three  thousand  and  fifteen  dollars,  3,015  00 

Eisrhteen  hiindred  twenty-two  dol- 
lars and  fifty  cents,       .         .         .  1,822  50 

Nineteen  hundred  and  thirty-five 
dollars, 1,935  00 


1888.  — Chapter  418. 


461 


PLYMOUTH   COUNTY  —  CoKCLrDEP. 


Plymouth 
couuty. 


W.  Bridgewater, 
Whitman,  . 


Twelve  hundred  thirty-seven  dol- 
lars and  fifty  cents. 

Thirty-three  hundred  fil'ty-two  dol- 
lars and  fifty  cents, 


11,237  50 
3,352  50 


r,072  50 


SUFFOLK    COUNTY. 


Suffolk  couiitv. 


Boston, 
Chelsea, 
Revere, 
W'inthroi),  . 

Eight  hundred  thirty-tiiree  thousand 
eight  hundred  and  five  dollars,    . 

Tv/enty-two  thousand  and  five  hun- 
dred* dollars,          .... 

Four  thousand  and  fifty  dollars, 

Twenty-five  hundred  eighty-seven 
dollars  and  fifty  cents, 

$833,805  00 

22,-500  00 
4,U50  00 

2,587  50 

^862,1)42  50 

WORCESTER    COUNTY. 


Ashburnliam,      . 

Twelve  hundred  and   fifteen  dol- 

lars,      ...... 

$1,215  00 

Athol, 

Thirty-two  hundred  seventeen  dol- 

lai"s  and  fifty  cents. 

3,217  50 

Auburn, 

Six  hundred  and  thirty  dollars. 

630  00 

Barre, 

Seventeen    hundred    and   fiftj'-five 

dollars, 

1,755  00 

Berlin, 

Six  hundred  seven  dollars  and  fifty 

cents,     ...... 

607  50 

Blaekstone, 

Twenty-nine  hundred  and  twenty- 

five  dollars,  ..... 

2,925  00 

Bolton, 

Six  hundred  and  thirty  dollars, 

630  00 

Boylston,    . 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

Brookfield, 

Sixteen  hundred  forty-two  dollars 

and  fifty  cents,      .... 

1,642  50 

Charlton,    . 

Twelve  hundred  and  fifteen  dollars, 

1,215  00 

Clinton, 

Sixty-three    hundred    and    ninety 

dollars, 

6,390  00 

Dana, . 

Tliree  luindred  eighty-two  dollars 

and  fifty  cents,      .... 

382  50 

Worcester 
couuty. 


462 


1888.  —  Chapter  418. 


Worcester 

county. 


WORCESTER  COUNTY  —  Continued. 


Douglas,     . 
Dudley, 
Fitchburg, . 
Gardner,     . 
Grafton,     . 
Hardwiek, . 
Harvard,    . 
Holden, 
Hubbardston, 
Lancaster,  . 
Leicester,  . 
Leominster, 
Lunenburg, 
Mendon,     . 
Milford,     . 
Millbury,   . 
New  Braintree, 
Northborough, 
Northbridge, 
North  Brookfield, 
Oakham,    . 
Oxford, 
Paxton, 
Petersham, 
Phillipston, 
Princeton,  . 


Twelve  hundred  eighty-two  dollars 
and  fifty  cents,      .... 

Eleven  hundred  ninety-two  dollars 
and  fifty  cents,     .... 

Fifteen  thousand  five  hundred  and 
seventy  dollars,    .... 

Forty-tliree  hundred  and  twenty 
dollars,         ..... 

Twenty-nine  hundred  two  dollars 
and  fifty  cents,      .... 

Sixteen  hundred  eighty-seven  dol- 
lars and  fifty  cents, 

Twelve  hundred  eighty-two  dollars 
and  fifty  cents,      .... 

Twelve  hundred  and  sixty  dollars. 

Nine  hundred  twenty-two  dollars 
and  fifty  cents,      .... 

Thirty-three  hundi'ed  and  thirty 
dollars,  .         .         .         .         . 

Twenty-four  hundred  and  thirty 
dollars, 

Forty-eiglit  hundred  eighty-two 
dollars  and  fiftj-  cents, 

Eight  hundred  and  fifty-five  dol- 
lars,      ...... 

Seven  hundred  forty-two  dollars 
and  fifty  cents,      .... 

Sixty-nine  hundred  fifty-two  dol- 
lars and  fifty  cents. 

Twenty-seven  hundred  dollars, 

Five  hundred  seventeen  dollars  and 
fifty  cents, 

Fourteen  hundred  and  forty  dol- 
lars,        

Thirty-five  hundred  and  fifty-five 
dollars, 

Twenty-four  hunch'cd  seven  dollars 
and  fifty  cents,      .... 

Four  hundred  twenty-seven  dollars 
and  fifty  cents,      .... 

Seventeen  hundred  and  ten  dollars. 

Three  hundred  thirty-seven  dollars 

and  fifty  cents,      .... 

Seven  hundred  and  twenty  dollars. 

Three  hundred  thirty-seven  dollars 
and  fifty  cents,      .... 

Ten  hundred  fifty-seven  dollars  and 
fifty  cents, 


f  1,282 

50 

1,1'J2 

50 

15,570 

00 

4,320 

00 

2,902 

50 

1,G87 

50 

1,282  50 
1,200  00 

922 

50 

3,330  00 

2,430  00 

4,882 

50 

855 

00 

742 

50 

G,952 
2,700 

50 
00 

517 

50 

1,440 

00 

3,555 

00 

2,407 

50 

427 
1,710 

50 
00 

337  50 
720  00 

337 

50 

1,057  50 

1888.  — Chapter  418. 


463 


WORCESTER  COUNTY  —  Coxcluded. 


\Vorc»*ter 
county. 


Royalston, . 

Rutland,     . 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer,     . 

Sterling,     . 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge,  . 

Warren, 

Webster,    . 

Westborough, 

West  Boylston, 

West  Brookfield 

Westminster, 

Winchendon, 

Worcester, 


Nine  hundred  and  ninety  dollars, 

Five  hundred  and  eighty-five  dol- 
lars,        

Twelve  hundred  and  sixty  dollars, 

Eighteen  hundred  sixt3^-seven  dol- 
lars and  fifty  cents. 

Four  thousand  seventy-two  dollars 
and  fifty  cents,      .... 

Fifty -one  hundred  fifty-two  dollars 
and  fifty  cents,      .... 

Eleven  hundred  forty-seven  dollars 
and  fifty  cents,      .... 

Twelve  hundred  and  fifteen  dollars, 

Fifteen  hundred  ninety-seven  dol- 
lars and  fifty  cents, 
Fifteen  hundred  and  thirty  dollars. 

Eleven  hundred  two  dollars  and 
fifty  cents,     .... 

Twenty-four  hundred  and  seventy- 
five  dollars,  .... 

Twenty-nine  hundred  two  dollars 
and  fifty  cents, 

Thirty-two  hundred  sixty-two  dol- 
lars and  fifty  cents, 

Thirty-two  hundred  and  forty  dol- 
lars,      ..... 

Fourteen  hundred  and  forty  dol 
lars,       ..... 

Ten  hundred  fifty-seven  dollars 
and  fifty  cents. 

Nine  hundred  and  ninety  dollars. 

Twenty-five  hundred  and  sixty -five 
dollars,  .         .         .         .         . 

Sixty-nine  thousand  fifty-two  dol- 
lars and  fifty  cents. 


1990  00 


585  00 
1,260  00 


1,867  50 

4,072  50 

5,152  50 

1,147  50 

1.215  00 


1,597  50 
1,530  00 


1,102  50 

2,475  00 

2,902  50 

3,262  50 

3,240  00 

1,440  00 

1,057  50 
990  00 

2,565  00 
69,052  50 


3,545  00 


Barnstable  Co., 
Berkshire  Co., 


RECAPITULATION. 


Twenty-thi'ee  thousand  seven  hun- 
dred and  fifteen  dollars, 

Forty-eight  thousand  eight  hun- 
dred and  seventy  dollars,     . 


Recapitulation 
b.y  counties. 


J23,715  00 
48,870  00 


464 


1888.  —  Chapter  418. 


Hecapitulation 
by  counties. 


EEC  APITULATIOX  —  Coxcllded. 


Bristol  Co., 
Dukes  Co., 
Essex  Co., . 
Franklin  Co., 
Hampden  Co., 
Hampshire  Co.. 
Middlesex  Co., 

Nantucket  Co., 
Norfolk  Co., 

Plymouth  Co., 
Suffolk  Co., 

Worcester  Co., 


One    hundred   fort^'-five   thousand 
three  hundred  and  five  dollars,    . 
Four  thousand  and  five  dollars. 

Two  hundred  thirty-four  thousand 
six  hundred  and  thirty  dollars,    . 

Twenty-thi-ee  thousand  seventeen 
dollars  and  fifty  cents, 

One  hundred  two  thousand  two 
hundred  and  eighty-five  dollars,  . 

Thirty-four  thousand  two  hundred 
and  forty-five  dollars,  . 

Three  hundred  seventy-four  thou- 
sand two  hundred  forty-two  dol- 
lars and  fifty  cents. 

Thirty-four  hundred  eighty-seven 
dollars  and  fifty  cents. 

One  hundred  thirty-two  tho.usand 
six  hundred  thirtj^-seven  dollars 
and  fifty  cents,     .... 

Sixty-seven  thousand  seventy-two 
dollars  and  fifty  cents. 

Eight  hundred  sixty-two  thousand 
nine  hundi'ed  forty-two  dollars 
and  fifty  cents,     .... 

One  hundred  ninety-three  thousand 
five  hundred  and  forty-five  dol- 
lars,        


$145,305 
4,005 

1 

00 
00 

234,630  GO 

23,017 

1 

50 

102,285 

00 

34,245 

00 

374,242 

50 

3,487 

50 

132,637 

50 

67,072 

50 

802,942 

50 

193,545 

00 

12,250,000 

00 

Treasurer  of 
the  Common- 
wealth to  issue 
warrants. 


I'o  require 
selectmen  or 
assessors  to 
issue  warrants 
to  city  or  town 
treasurers. 


Section  2.  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ing them  respectively  to  assess  the  sum  so  charged, 
according  to  the  provisions  of  chapter  eleven  of  the  Public 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  and  county  taxes  to  be  assessed  by  them  respec- 
tively on  each  city  and  town. 

Section  .3.  The  treasurer  of  the  Commonwealth  in 
his  warrant  shall  require  the  said  selectmen  or  assessor.>< 
to  pay,  or  issue  severally  their  warrant  or  warrants  re- 
quiring the  treasurers  of  their  several  cities  or  towns  to 
pay,  to  the  treasurer  of  the  Commonwealth,  on  or  before 
the  tenth  day  of  December  in  the  year  eighteen  hundred 
and  eighty-eight,  the  sums  set  against  said  cities  and 
towns    in   the  schedule    aforesaid ;   and  the  selectmen  or 


1888.  —  Chapter  419.  465 

assessors  respectively  shall  return  a  certificate  of  the 
names  of  the  treasurers  of  their  several  cities  and  towns, 
with  the  sum  which  each  may  be  required  to  collect,  to 
the  treasurer  of  the  Commonwealth,  at  some  time  before 
the  first  day  of  October  in  the  year  eighteen  hundred  and 
eighty-eight. 

Section  4.     If  the  amount  due  from  any  city  or  town,  to  notify 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the  d^'lnque"  ° 
Commonwealth  within  the  time    specified,  then  the  said  "'"^®''"'""'*'°*- 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  centum  per  month  during  such  delin- 
quency, from  and  after  the  tenth  day  of  December  in  the 
year  eighteen  hundred  and  eighty-eight ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  January  in  the  3'ear 
eighteen  hundred  and  eighty-nine,  an  information  may  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such 
delinquent  city  or  town;  and  upon  notice  to  such  city  or  warrants  of 
town,  and  a  summary  hearing  thereon,  a  warrant  of  dis-  fsmell^ult 
tress  may  issue  against  such  city  or  town,  to  enforce  the  ^ty  or  town. 
payment  of  said  taxes  under  such  penalties  as  said  court 
or  the  justice   thereof  before   whom  the  hearing  is  had 
shall  order. 

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

Approved  May  28, 1888. 

An  Act  relating  to  the  procedure  in  poor  debtor  matters.    />7.x,^^  4^1  q 
Be  it  enacted,  etc.,  asfoUotcs: 

Section  1.     Section  seventeen  of  chapter  one  hundred  P'ocedureiu 
and  sixty-two  of  the  Pu])lic  Statutes  is  hereby  amended  matters. 
so  that  the  first  paragraph  of  the  said  section  as  amended  r.'s'"'^6"rrn*.° 
shall  read  as  follows  :  —  Except  as  provided  in  sections 
five  to  sixteen  inclusive,  and  in  section  twenty-five,  and 
except  in  actions  of  tort,  no  person  shall  be  arrested  on 
an  execution  in  a  civil  action,  unless  the  judgment  cred- 
itor or  some  person  in  his  behalf,  after  execution  is  issued 
amounting  to  twenty  dollars  exclusive  of  all  costs  which 
make    part   of  said  judgment,    whether   the    same  have 
accrued  in  the  last  action  or  in  any  former  action  on  the 
same  original  cause  of  action,  and  while  so  much  as  that 
amount  remains  uncollected,  makes  affidavit,  and  proves 
to  the  satisfaction  of  some  court  of  record,  or  police,  dis- 


466 


1888.  —  Chapter  419. 


Procedure  in 
poor  debtor 
mailers. 


Amendment  to 
P.  S.  162,  §  20. 


Amendment  to 
P.  S.  162,  §  25. 


trict,  or  municipal  court,  or,  except  in  the  county  of  Suf- 
folk, some  trial  justice,  that  he  believes  and  has  good 
reason  to  believe,  — . 

Section  2.  Section  eighteen  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  is  hereby  amended 
so  that  the  fourth  sentence  of  the  said  section  as  amended 
shall  read  as  follows  :  —  The  magistrates  or  courts  before 
whom  such  examinations  may  be  held  shall  be  some  court 
of  record,  or  police,  district,  or  municipal  court,  or,  ex- 
cept in  the  county  of  Suffolk,  some  trial  justice. 

Section  3.  Section  twenty  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  is  hereby  amended 
by  adding  at  the  end  thereof  the  following  words  :  —  If  at 
the  examination  it  appears  that,  after  the  service  of  the 
notice  and  pending  the  proceedings  thereon,  the  debtor 
has  made  a  payment  of  money  or  a  convej'ance,  assign- 
ment or  transfer  of  any  property  of  his  not  exempt  from 
being  taken  on  execution,  with  intent  to  prevent  the  same 
from  being  transferred  or  paid  to  the  creditor,  or  applied 
by  the  force  of  the  said  proceedings  to  the  satisfaction  of 
the  execution,  such  transfer,  assignment,  conveyance  or 
payment  shall  be  deemed  to  be  made  in  contempt  of  the 
court  or  magistrate,  and  the  debtor  shall  be  lialjle  in  the 
discretion  of  the  court  or  magistrate  to  be  committed  as 
for  a  contempt,  and,  when  the  court  or  magistrate  makes 
a  certificate  therefor,  shall  be  conveyed  to  jail  and  there 
kept  until  discharged  by  said  court  or  magistrate  or  other- 
wise according  to  law  ;  l)ut  payment  of  debts  for  neces- 
saries for  support  of  himself  and  family,  debts  due  on 
executions  upon  which  he  has  already  been  cited  to  appear 
for  examination  under  the  provisions  of  this  chapter  or 
any  act  amendatory  thereof  or  supplementary  thereto, 
and  a  reasonable  sum  for  counsel  fees,  shall  not  be  deemed 
within  the  prohibition  of  this  section. 

Section  4.  Section  twenty-five  of  chapter  one  hun- 
dred and  sixty-two  of  the  Public  Statutes  is  hereby 
amended  so  that  the  said  section  as  amended  shall  read 
as  follows  :  — If  in  addition  to  the  first  charge  specified  in 
section  seventeen  the  judgment  creditor,  or  some  one  in 
his  behalf,  makes  afiidavit  and  proves  to  the  satisfaction 
of  some  court  or  magistrate  named  in  section  one  that 
there  is  good  reason  to  believe  that  the  debtor  intends  to 
leave  the  state,  the  court  or  magistrate  may  without 
notice  to  the  del)tor  authorize  his  arrest. 


1888.  — Chapter  419.  4G7 

Section  5.     Section  twenty-seven  of  chapter  one  hun-  rrocedure  la 
dred    and   sixty-two    of    the   Public    Statutes   is   hereby  mauersV"' 
amended  so  that  the  last  sentence  in  the  said  section  as 
amended    shall    read    as    follows  :  —  When    arrested    on  Amendment  to 
mesne  process,  if  he  does  not  give  bail,  and  when  arrested 
on  execution  in  any  case,  he  shall  be  taken  before  some 
court  of  record,  or  police,  district,  or  municipal  court,  or, 
only  if  he  wishes  to  recognize,  a  master  in  chancery,  or, 
only  if  he  wishes  to  recognize,  a  commissioner  of  insol- 
vency, or,  except  in  the  county  of  Suffolk,  atrial  justice. 

Section  6.  Section  twenty-eight  of  chapter  one  hun-  Amertiment  to 
dred  and  sixty-two  of  the  Public  Statutes  is  hereby  '  "  "^'  ' 
amended  so  that  the  said  section  as  amended  shall  read  as 
follows  :  —  When  taken  before  the  court  or  magistrate,  if 
the  defendant  or  debtor  desires  to  take  an  oath  as  herein- 
after mentioned,  but  does  not  desire  a  time  fixed  for  his 
examination,  the  court  or  magistrate  may  take  his  recog- 
nizance with  surety  or  sureties  in  a  sum  not  less  than 
dou1)le  the  amount  of  the  execution,  or  of  the  ad  damnum 
in  the  writ,  if  he  is  arrested  on  mesne  process,  that  within 
thirty  days  from  the  day  of  his  arrest  he  will  deliver  him- 
self up  for  examination  before  some  court  of  record,  or 
police,  district,  or  municipal  court,  or,  except  in  the 
county  of  Suffolk,  some  trial  justice,  giving  notice  of  the 
time  and  place  thereof  as  herein  provided,  and  appear  at 
the  time  fixed  for  his  examination,  and  from  time  to  time 
until  the  same  is  concluded,  and  not  depart  without  leave 
of  the  court  or  magistrate,  making  no  default  at  any  time 
fixed  for  his  examination,  and  abide  the  final  order  of  the 
court  or  magistrate  thereon ;  but  if  he  is  arrested  on 
mesne  process  and  the  writ  is  returnable  within  thirty 
days,  the  number  of  days  within  which  he  shall  deliver 
himself  up  shall  be  limited  by  the  court  or  niagistrate  so 
as  not  to  extend  beyond  the  return  day  of  the  writ. 

Section  7.     Section  thirty-one  of  chapter  one  hundred  Amendment  to 

•  •  PS    16*    $  31 

and  sixty-two  of  the  Public  Statutes  is  hereby  amended  so  "  '  '' 
that  the  first  paragraph  of  the  said  section  as  amended 
shall  read  as  follows  :  —  If  the  defendant  or  debtor,  when 
taken  before  the  court  or  magistrate  or  at  any  time  when 
entitled  thereto,  desires  to  take  an  oath  as  hereinafter 
provided,  and  to  have  a  time  fixed  therefor,  some  court  of 
record,  or  police,  district,  or  municipal  court,  or,  except 
in  the  county  of  Suffolk,  some  trial  justice,  shall  appoint 
a  time  and  place  for  his  examination,  and  shall  issue  a 


AGS 


1888.  —  Chapter  419. 


Procedure  in 
poor  debtor 
mutters. 


^nieiulnicnt  to 

1'.  8. 102,  §  ya. 


Ameudment  to 
P.  S.  162,  §  34. 


Amendment  to 
P.  S.  162,  §  54. 


Additional 
associate  justice 
of  the  mmiicii)al 
court  of  tiie  city 
of  IJoBton  to  be 
appointed. 


Any  justice  of 
court  of  record, 
etc.,  may  net  a» 
BUch  court 
under  1>.  S.  162. 


notice  thereof  to  the  plaintiff  or  creditor,  signed  by  said 
justice  of  the  court  or  niagistrate  and  designating  his 
official  capacity,  substantially  in  the  following  form  : — . 

Section  8.  Section  thirty-three  of  chapter  one  hun- 
dred and  sixty-two  of  the  Pu))lic  Statutes  is  hereby 
amended  by  adding  at  the  end  thereof  the  following 
words:  —  But  if  the  oath  for  the  relief  of  poor  debtors 
has  been  refused  no  application  to  take  the  same  shall  be 
made  by  the  defendant  or  debtor  until  the  expiration  of 
seven  days  from  the  hour  of  such  refusal. 

Section  9.  Section  thirty-four  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  is  hereby  amended 
so  that  the  said  section  as  amended  shall  read  as  fol- 
lows :  —  When  the  notice  mentioned  in  section  thirty-one 
has  been  duly  served,  the  court  or  magistrate  who  issued 
it,  or  any  court  of  record,  or  police,  district,  or  municipal 
court,  or,  except  in  the  county  of  Suffolk,  any  trial  justice, 
shall  attend  at  the  time  and  place  therein  specified,  and 
examine  the  defendant  or  debtor  as  herein  provided. 

Section  10.  Section  fifty-four  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  is  hereby  amended 
so  that  the  first  sentence  in  the  said  section  as  amended 
shall  read  as  follows  :  — If  he  represents  to  the  jailer  that 
he  is  desirous  to  take  the  oath  for  the  relief  of  poor 
debtors,  the  jailer  shall  make  the  same  known  to  some 
court  of  record,  or  police,  district,  or  municipal  court,  or, 
except  in  the  county  of  Suffolk,  some  trial  justice. 

Section  11.  There  shall  be  appointed  in  the  manner 
provided  by  the  constitution  one  additional  associate 
justice  of  the  municipal  court  of  the  city  of  Boston,  who 
shall  be  paid  in  the  manner  provided  by  law  the  salary 
established  by  law  for  an  associate  justice  of  the  said 
court ;  so  that  the  said  court  shall  be  composed  of  one 
chief  justice,  four  associate  justices  and  one  special  justice. 

Section  12.  Any  justice  of  any  court  of  record,  or 
police,  district,  or  municipal  court,  and  any  special  justice 
when  exercising  the  powers  and  duties  of  a  justice  of  any 
such  court,  may  act  as  such  court  under  chapter  one  hun- 
dred and  sixty-two  of  the  Public  Statutes  and  any  act 
amendatory  thereof  or  supplementary  thereto.  Under  the 
said  chapter  and  acts  any  such  court  shall  have  the  powers 
and  duties  therein  given  to  a  justice  thereof.  Upon  legal 
application  made  to  any  police,  district  or  municipal  court 


1888.  —  Chapter  419.  469 

such  court  shall  exercise  and  perform  its  said  powers  and  Piocedme  in 
duties  under  the  said  chapter  and  acts,  accordino-ly,  with-  matters. 
out  unreasonable  delay.     The  term  "  magistrate  ",  and  the 
term    "magistrates",    whenever    either    occurs    in    any 
section  of  the  said  chapter  or  acts,  shall  be  construed  to 
mean,    respectively  —  mag-istrate    or    court,  —  and,  — 
magistrates  or  courts.     There   shall   be  no  appeal  from 
any  judgment  or  order  of  any  court  or  magistrate  rendered 
or  made  under  the  said  chapter  or  acts,  except  as   pro- 
vided in  and  by  the  said  chapter.     Any  court  or  magis-  Atay  issue  writ 
trate  acting  under  the  said  chapter  or  acts  may  issue  a  corpus!"* 
writ  of  habeas  corpus  when  necessary  to  bring  before  such 
court  or  magistrate  for  examination  a  defendant  or  debtor 
imprisoned  on  mesne  process  or  execution,  and  the  pro- 
ceedings provided  for  in  chapter  one  hundred  and  eighty- 
live  of  the  Pu1)lic  Statutes  shall  be  followed  so  far  as  the 
same  are  applicable  thereto. 

Section  13.     Section  sixty-eight  of  chapter  one  liun-  Amemimentto 
dred    and    sixty-two    of    the   Public    Statutes    is   hereby    '   '    " 
amended    by   adding   at   the    end   thereof  the    following 
words:  — The  fees  of  a  court  or  magistrate  shall  be  for  Fees  of  court  or 
each  postponement  or  continuance  of  an  examination  or  '"'^sisu-ite. 
the  time  fixed  therefor,  one   dollar.     When  any  police, 
district  or  municipal  court  acts  hereunder,  or  under  any 
act  amendatory  hereof  or  supplementary  hereto,  the  fees  Disposition 
shall  be  paid  into  such   court  as  for  civil  business,  and  °*  ^^''^• 
shall  be  accounted  for  and   paid    by  the  clerk  of  such 
court,  or  by  the  justice  of  such  court  where  there  is  no 
clerk,  to  the  treasurer  of  the  county  in  which  such  court 
is  held  ;  but   in  the  county  of  Suffolk  such  clerks  and 
justices  as  by  law  account  and  pay  to  the  collector  of  the 
city  of  Boston  shall  account  and  pay  to  such  collector 
hereunder.     The  clerk  of  the  municipal  court  of  the  city 
of  Boston,  for  civil  business,  shall  be  paid  by  the  county  Allowances  for 
of  Suffolk  one  thousand  dollars  tor  extra  clerical  assist-  asliTtance.""' 
ance  in  addition  to  and  in  the  manner  provided  for  the 
amount  now  paid  by  the  said  county  to  him  for  extra 
clerical  assistance.     The  fees  of  an  officer  for  service  of  Fees  for  service 
notices  under  the  provisions  of  this  chapter  shall  be  the  °*  p^'o^ess. 
same  as  are  allowed  by  law  for  the  service  of  an  original 
summons  in  an  action  at  law.     If  the  arrest  was  on  mesne 
process  and  final  judgment  in  the  action  is  rendered  for  raymentof 
the  defendant,  he  shall  have  taxed  in  his  costs  against  the  ''°'"*' 


470  1888.  —  Chapter  420. 

Procedure  in       plaintiff  all  Liwful  costs  paid  by  him  because  of  the  arrest, 
mauers!'^"'^        aiicl  executioii  shall  issue  therefor.     If  the  arrest  was  on 
execution,  the  del)tor  shall  not  he  deemed  to  hav^e  satisfied 
the  same  until  he  has  paid  all  lawful  costs  paid  by  the 
creditor  upon  and  after  the  arrest,  and  all  hnvful  charges 
paid    by  the  creditor  for   his  support  in  prison.     If  the 
arrest  was  on  mesne  process  and  the  plaintitf  shall  recover 
more  than  twenty  dollars,  exclusive  of  all  costs,  the  lawful 
costs  paid  by  him  upon  and  after  the  arrest,  and  the  law- 
ful charges  paid  by  him  for  the   defendant's   support   in 
prison,  shall  be  taxed  in  his  costs  against  the  defendant, 
and  execution  shall  issue  therefor. 
jTot  to  apply  to        SECTION  l4.     The  provisions  of  this  act  shall  not  apply 
un'der''p"s.'i62;  to  cascs  pending  under  the  provisions  of  chapter  one  hun- 
1887, 442,  etc.      (\yq^  and  sixty-two  of  the  Public  Statutes,  chapter  four 
hundred  and  forty-two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  or  any  act  amendatory  thereof 
or  supplementary  thereto  enacted  and  taking  etiect  l)efore 
this  act  takes  effect. 
To  take  effect         Section  15.     This  act  shall  take  effect  upon  the  first 
October  1, 18SS.  j^^  ^£  Octobcr  in  the  year  eighteen  hundred  and  eighty- 
eight.  Ai:)proved  May  29,  1S88. 


CJiapA20 


An  Act  in  relation  to  the  confirmation  of  defective  acts 
or  i'roceedings  of  probate  courts,  or  of  persons  acting 
under  appointment  from  probate  courts. 

Be  it  enacted,  etc.,  as  follows: 

Confirmation  of      Section  1.     Whcu  the  authority  or  validity  of  an  act 

proceedlngs'of""^  or  procccding  of  the  probate  court,  or  of  a  person  acting 

or^f^^errons"    ^^  cxccutor,  administrator,  guardian  or  trustee,  is  called 

actinsr  iinfier      in  questiou  by  rcasou  of  an  alleged  irregularity,  defective 

from^probate      uoticc,  or  Avaut  of  authority,  any  party  interested  in,  or 

courts.  affected    by  such    act  or  jn'oceeding,   may  apply  to  the 

probate  court  having  jurisdiction  of  the  subject  matter  in 

respect  to  which  the  act  or  proceeding  has  been  had,  and 

the  court,  after  such  notice  as  it  may  order  to  all  parties 

interested,  and  to  the  persons  who  may  be  the  parents 

of  such  parties  not  in  being,  wnth  poNver  to    appoint   a 

guardian  or  next  friend  to  represent  the  interests  of  any 

person  unborn  or  unascertained,  may  hear  and  determine 

the  matter  and  confirm  the  act  or  proceeding  in  whole  or 

in  part,  and  may  authorize  and  empower  the  executor. 


1888.— Chapters  421,  422.  471 

administrator,  guardian  or  trustee,  or  any  successor,  or 
other  person  who  may  be  legally  appointed  to  act  in  the 
same  capacity,  to  ratify  and  confirm  such  act  or  proceed- 
ing, and  to  execute  and  deliver  such  deeds,  releases,  con- 
veyances and  other  instruments  as  maybe  found  necessary 
for  that  purpose  ;  but  no  act  or  proceeding  shall  be  rati- 
fied or  confirmed  which  the  court  might  not  have  passed 
or  authorized  in  the  first  instance  upon  due  proceedings. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1888. 


ChapA21 


An    Act    to    incorporate    the    Middlesex  safe  deposit   and 

TRUST   COMPANr. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Edward  M.  Tucke,  Frank  W.  Howe,  Percy  Middlesex  safe 
Parker,  Frank  P.  Putnam,  Eathan  A.   Smith,  Albion  C.  TrusTcomjwny 
Taylor,  August  Fels,  their  associates  and  successors,  are  '"'=o'po'""^'^''i- 
hereby  made  a  corporation  by  the  name  of  the  Middlesex 
Safe  Deposit  and  Trust  Company,  wnth  authority  to  estab- 
lish and  maintain  a  safe  deposit  and  trust  company  in  the 
city  of  Lowell,  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  such  corporations. 

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

App)roved  May  29,  1888. 


Chap.i22 


An  Act  to  incorporate  the  union  loan  and  trust  company. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Henry  B.  Peirce,  Roland  Worthington,  union  Loan  ami 
Warren  W.  Rice,  Horatio  Adams,  Moses  N.  Arnold,  niX^S!"'^ 
George  G.  Kellogg  and  Charles  L.  T.  Stedman,  their 
associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  Union  Loan  and  Trust  Company,  to 
be  located  at  Boston  with  authority  to  establish  and  main- 
tain a  safe  deposit  and  trust  company  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  lial)ilities  and 
restrictions  set  forth  in  all  general  laws  which  now  arc  or 
may  hereafter  be  in  force  relating  to  such  corporations. 

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

Approved  May  29,  1888. 


472  1888.  — Chapters  423,  424,  425. 


Chap ,4:2s  ^^   ^^'^   '^^   INCORPORATE   THE   CHELSEA.   SAFE   DEPOSIT   AND    TRUST 

COMPANY. 

Be  it  enacted,  etc.,  as  follows: 
cheigeaSafe  Section  1.     Isauc  Stebbiiis,  AVm.  R.  Pearmain,  Syl- 

-I'CpOBit  unci  •'        «/ 

Trust  Company  vestei*  B.  Hiiickley,  Thomas  ]\lavtin,  John  G.  Low,  John 
incoipoiaei.  ]\|jjggg^  Geoi'ge  H.  Buck,  David  Shide,  Alfred  8.  Foster, 
S.  B.  Pearmain,  Eben  Hutchinson,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  Chelsea  Safe  Deposit  and  Trust  Company,  with  au- 
thority to  establish  and  maintain  a  safe  deposit  and  trust 
company  in  the  city  of  Chelsea,  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  liabilities  and  re- 
strictions set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj^proved  May  29,  1888. 

ChClV  424  '^^     ^^^     ^^     INCORPORATE     THE     MERCANTILE     LOAN    AND    TRUST 

COMPANY. 

Be  it  enacted,  etc.,  as  follows : 
Mercantile  Loan      SECTION  1.     Richai'd  J.  Monks,  Silas  Pcircc,  Nathaniel 
oomp."ny  J.  Rust,  Thoiiias  Hills,  Charles  F.  Gallagher,  Arthur  F. 

incorporaud.  Estabrook,  Amos  F.  Breed,  Frank  H.  Monks,  their  asso- 
ciates and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  Mercantile  Loan  and  Trust  Company, 
with  authority  to  establish  and  maintain  a  loan  and  trust 
company  in  the  city  of  Boston,  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  liabilities  and  re- 
strictions set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1888. 


ChapA25 


An   Act   to   change   the  title   of   the   law   clerk   of  the 

attorney-general  and  to  prescribe  his  duties. 
Be  it  enacted,  etc.,  as  follows : 
Title  of  the  law       Section  1.     Thc  titlc  of  tlic  assistant  to  the  attorney- 
torney-uenerai    gcHcral  kuowu  as  the  "  law  clcrk  "  is  hereby  changed  to 
8e(?o"ur!isLtant  sccond  assistaiit  attorney-general,  who,  under  the  direc- 
.ittoniey-  ^jqjj  of  thc  attomey-general ,  shall  aid  him  in  the  perform- 

ance  of  his  official  duties. 

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

Approved  May  29,  1888. 


1888.  —  Chapter  426.  473 


Ax  Act  in  relation  to  ways  of  egress  and  means  of  escape  ^'/mri  496 

FROM   FIRE   IN   CERTAIN   BUILDINGS. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Every  building  now  or  hereafter  used,  in  Public  buiui- 
whole  or  in  part,  as  a  public  building,  public  or  private  etT.'to have*' 
institution,  schoolhouse,  church,  theatre,  public  hall,  place  e^°es7oTdth°/ 
of  assemblage  or  place  of  public  resort,  and  every  build-  "oi'^  are  "*°'*^'^ 
ing  in  which  ten  or  more  persons  are  employed  above  the 
second  story  in  a  factory,  workshop  or  mercantile  or  other 
establishment,  and  every  hotel,  family  hotel,  apartment 
house,  boarding  house,  lodging  house  or  tenement  house 
in  which  ten  or  more  persons  lodge  or  reside  above  the 
second  story,  and  every  factory,  workshop,  mercantile  or 
other  establishment  the  owner,  lessee  or  occupant  of  which 
is  notified  in  writing  by  the  inspector  hereinafter  men- 
tioned that  the  provisions  of  this  act  are  deemed  by  him 
applicable  thereto,  shall  be  provided  with  proper  ways  of 
egress,  or  other  means  of  escape  from  fire,  sufficient  for 
the  use  of  all  persons  accommodated,  assembling,  em- 
ployed, lodging  or  residing  in  such  building ;  and  such 
ways  of  egress  and  means  of  escape  shall  be  kept  free  from 
obstruction,  in  good  repair  and  ready  for  use.  Every 
room  above  the  second  story  in  any  such  building  in  which 
ten  or  more  persons  are  employed  shall  be  provided,  if  the 
inspector  mentioned  in  the  following  section  shall  so  direct 
in  writing,  with  more  than  one  way  of  egress  by  stairways 
on  the  inside  or  outside  of  the  building,  i)laced  as  near  as 
practicable  at  opposite  ends  of  such  room  ;  stairways  on 
the  outside  of  the  building  shall  have  suitable  railed  land- 
ings at  each  story  above  the  first,  and  shall  connect  with 
each  story  l)y  doors  or  windows  ;  and  such  landings,  doors 
and  windows  shall  be  kept  clear  of  ice  and  snow  and  other 
obstructions.  Women  or  children  shall  not  be  employed 
in  a  factory,  workshop  or  mercantile  or  other  establish- 
ment, in  a  room  above  the  second  story  from  which  there 
is  only  one  way  of  egress,  if  the  inspector  mentioned  in 
the  following  section  shall  so  direct  in  writing.  All  doors  Doors  and  win- 
and  windows  in  any  building  subject  to  the  provisions  of  outwa^i^iy^lf" 
this  section  shall  open  outwardly  if  the  inspector  men-  dJ^S.""^^** 
tioned  in  the  following  section  shall  so  direct  in  writins'. 
No  portal)le  seats  shall  be  allowed  in  the  aisles  or  passage- 
ways of  such  building  during  any  service  or  entertainment 
held  therein.     The  proscenium  or  curtain  opening  of  all  curtain  opening 

•I  i^  O  of  theatres  to 


474 


1888.  — Chapter  426. 


have  a  fire-resist- 
ing curtain  of 
Bome  incombus- 
tible material. 
1888,  207. 


Inspectors  of 
factories,  etc., 
assigned  to  such 
duty  by  ctiief  of 
the  district 
police,  to  exam- 
ine buildings, 
etc.,  subject  to 
provisions  of 
this  act. 


Certificate  to  be 
issued  to  owner, 
etc.,  of  building 
conforming  to 
requirements. 


Certificate  may 
be  revoked. 


theatres  shall  have  a  fire  resisting  curtain  of  some  incom- 
bustible material,  and  such  curtain  shall  be  })ro])erly  con- 
structed and  shall  be  operated  by  proper  mechanism  ;  the 
certiticate  of  the  inspector  mentioned  in  the  following 
section  shall  be  conclusive  evidence  of  a  compliance  with 
such  requirements. 

Section  2.  It  shall  be  the  duty  of  such  inspectors  of 
factories  and  public  buildings,  as  may  be  assigned  to  such 
duty  by  the  chief  of  the  district  police  force,  to  examine, 
as  soon  as  may  be  after  the  passage  of  this  act,  and  there- 
after from  time  to  time,  all  buildings  within  his  district 
subject  to  the  provisions  of  this  act,  and  it  shall  be  the 
duty  of  the  inspector  of  buildings  of  the  city  of  Boston  so 
to  examine  all  such  buildings  within  said  city.  In  case 
any  such  building  conforms  in  the  judgment  of  such  in- 
spector, to  the  requirements  of  this  act,  he  shall  issue  to 
the  owner,  lessee  or  occupant  of  such  building,  or  of  any 
portion  thereof  used  as  above  mentioned  in  section  one,  a 
certificate  to  that  effect,  specifying  the  number  of  persons 
for  whom  the  ways  of  egress  or  means  of  escape  from  fire 
are  deemed  to  be  sufficient.  Such  certificate  shall  be 
conclusive  evidence,  as  long  as  it  continues  in  force,  of  a 
compliance  on  the  part  of  the  person  to  whom  it  is  issued 
with  the  provisions  of  this  act.  But  such  certificate  shall 
be  of  no  effect  in  case  a  greater  number  of  persons  than 
therein  specified  are  accommodated  or  employed,  or 
assemble,  lodge  or  reside  within  such  building  or  portion 
thereof,  or  in  case  such  building  is  used  for  any  purposes 
materially  different  from  those  for  which  it  was  used  at 
the  time  of  the  granting  thereof,  or  in  case  the  internal 
arrangements  of  such  building  are  materiall}^  altered,  or 
in  case  any  Avays  of  egress  or  means  of  escape  from  fire 
existing  in  such  building;  at  the  time  of  such  orantino;  are 
stopped  up,  rendered  unavailable  or  materially  changed ; 
and  in  no  case  shall  such  certificate  continue  in  force  for 
more  than  five  years  from  its  date.  Such  ccrtilicate  may 
be  revoked  by  such  inspector  at  any  time  upon  written 
notice  to  the  person  holding  the  same,  or  occupying  the 
premises  for  which  it  was  granted,  and  shall  be  so  revoked 
whenever,  in  his  opinion,  any  conditions  or  circumstances 
have  so  changed  that  the  existing  ways  of  egress  and 
means  of  escape  are  no  longer  proper  and  sufficient.  A 
copy  of  the  said  certificate  shall  be  kept  posted  in  a  con- 
spicuous place  upon  every  floor  of  such  building  by  the 
person  occupying  the  premises  covered  thereby. 


1888.  — Chapter  426.  475. 

Section  3.  Upon  an  application  being  made  to  an  in-  Application  for 
spector  for  the  granting  of  a  certificate  under  this  act,  he  ack';lowi'edK°ed^ 
shall  issue  to  the  person  makino-  the  same  an  acknowledg-  by  inspector 

I,  ^  O  ,  ~      and  pending  the 

ment  that  such  certificate  has  been  applied  for,  and  pendmg  granting  or 
the  granting  or  refusal  of  such  certificate  such  acknowledg-  aci^nowiedg. 
ment  shall  have  for  a  period  of  ninety  days  the  same  etfcct  "ffectof  c^eruti- 
as  such  certificate,  and  such  acknowledgment  may  be  re-  daj^g^"'' °*"'''^' 
newed  by  such  inspector  with  the  same  etiect  for  a  further 
period  not    exceeding  ninety  days,   and  may  be  further 
renewed  by  the  chief  of  the  district  police  force,  until  such 
time  as  such  certificate  shall  be  granted  or  refused. 

Section  4.     In  case  any  change  is  made  in  any  premises  inspector  to  be 
for  which  a  certificate  has  been   issued    under   this    act,  change  in  bulfd- 
whether  in  the  use  thereof  or  otherwise,  such  as  terminates  certificate' haa 
the  effect  of  such  certificate,  as  above  provided  in  section  teen  issued. 
two,  it  shall  be  the  duty  of  the  person  making  the  same 
to  give  written  notice  thereof  forthwith  to  the  inspector 
for  the  district,  or  to  the  chief  of  the  district  police,  if 
such  })remises  are  outside  of  the  city  of  Boston,  or  to  the 
inspector  of  buildings  of  the  city  of  Boston,  if  within  said 
city. 

Section  5.     In  case  any  buildino-  or  portion    thereof  insp.'^ctor  to 

.    •  />     I   •  •      f  11  •  notify  owner  if 

subject  to  the  provisions  of  this  act  is  lound  by  an  inspector  building  fails  to 
to  fail  to  conform  thereto,  or  in  case  any  change  is  made  provisions  of 
in  such  building  or  portion  thereof  such  as  terminates  the  ^"^'^  *'^'" 
effect  of  a  certificate  formerly  granted  therefor  as  aforesaid, 
it  shall  be  the  duty  of  such  inspector  to  give  notice  in 
wa'iting  to  the  owner,  lessee  or  occupant  of  such  building, 
specifying  and  describing  what  additional  ways  of  egress 
or  means  of  escape  from  fire  are  necessary  in  the  opinion 
of  such  inspector  in  order  to  conform  to  the  provisions  of 
this  act  and  to  secure  the  granting  of  a  certificate  as  afore- 
said.    Notice  to  any  agent  of  such  owner,  lessee  or  occu- 
pant in  charge  of  the  premises  shall  be  sufiicient  notice 
under  this  section  to  such  owner,  lessee  or  occupant. 

Section  6.     In  case  any  building  subject  to  the  pro- if  building  is 

.    .  n  J^   '  J    •  11  1  •      1      •     •     ii  owned,  etc.,  by 

Visions  ot  this  act  is  owned,  leased  or  occupied.  Jointly  or  Hcveiai  persons, 
in  severalty,  by  different  persons,  any  one  of  such  persons  ^pp'r/^etc!! 
shall  have  the  right  to  apply  to  any  part  of  the  outside  of 
such  building,  and  to  sustain  from  any  part  of  the  outside 
Avail  thereof,  any  way  of  egress  or  means  of  escape  from 
fire  specified  and  described  by  an  inspector  as  above  pro- 
vided, notwithstanding  the  objection  of  any  other  such 
owner,  lessee  or  occupant ;  and  any  such  way  of  egress 
or  means  of  escape  may  project  over  the  highway. 


476 


1888.  — Chapter  426. 


License  for  use 
of  premises  not 
to  issue  until 
oortiHeate  has 
been  obtained. 


Wooden  flues, 
air  ducts,  etc. 


Every  story 
above  the 
second  to  be 
supplied  with 
means  of  extin- 
guishing tire. 


Inspection 
department  of 
the  district 
police  and  the 
inspector  of 
buildings  in  Bos- 
ton to  enforce 
provisions. 


Cities  naay  pro- 
vide that  act 
shall  apply  to 
buildings  of 
three  or  more 
stories. 
Penalty  on 
owner,  lessee 
or  occupant. 


Section  7.  When  a  license  is  required  by  law  or 
municipal  ordinance,  in  order  to  authorize  any  premises 
to  be  used  for  any  purpose  mentioned  in  section  one,  no 
license  for  such  purpose  shall  be  granted  until  a  certificate 
for  such  building  or  portion  thereof  shall  first  have  been 
ol)tained  from  an  inspector  as  above  provided,  and  no  such 
license  hereafter  issued  shall  continue  in  force  any  longer 
than  such  certificate  remains  in  force. 

Section  8.  No  wooden  flue  or  air  duct  for  heating  or 
ventilating  purposes  shall  hereafter  be  placed  in  any  build- 
ing subject  to  the  provisions  of  section  one  of  this  act, 
and  no  pipe  for  conveying  hot  air  or  steam  in  such  build- 
ing shall  be  placed,  or  shall  remain  placed,  nearer  than 
one  inch  to  any  woodwork  unless  protected  to  the  satisfac- 
tion of  the  said  inspector  by  suitable  guards  or  casings 
of  incombustible  material. 

Section  9.  Every  story  above  the  second  of  a  build- 
ing subject  to  the  provisions  of  section  one  shall  be  sup- 
plied with  means  of  extinguishing  fire,  consisting  either  of 
pails  of  water  or  other  portable  apparatus,  or  of  a  hose 
attached  to  a  suitable  water  supply  and  capable  of  reaching 
any  part  of  such  story ;  and  such  means  of  extinguishing 
fire  shall  be  kept  at  all  times  ready  for  use  and  in  good 
condition. 

Section  10.  It  shall  l)e  the  duty  of  such  members  of 
the  inspection  department  of  the  district  police  force  as 
may  be  assigned  to  such  duty  by  the  chief  of  such  force 
to  enforce  the  provisions  of  this  act  outside  of  the  city  of 
Boston,  and  of  the  inspector  of  buildings  of  the  city  of 
Boston  to  enforce  the  same  Avithin  said  city,  and  for  such 
purpose  such  inspectors  shall  have  the  right  of  access  to  all 
parts  of  any  buildings  subject  to  the  provisions  of  this  act. 

Section  11.  Cities  may  by  ordinance  provide  that  the 
})rovisions  of  this  act  shall  apply  to  any  buildings  three  or 
more  stories  in  height  within  their  respective  limits. 

Section  12.  It  shall  l)e  the  duty  of  every  owner,  lessee 
or  occupant  of  any  building  or  part  thereof  subject  to  this 
act  to  cause  the  provisions  thereof  to  be  carried  out,  and 
any  owaier,  lessee  or  occupant  failing  to  observe  such 
provisions  shall  be  suljject  to  a  fine  of  not  less  than  fifty 
nor  more  than  one  thousand  dollars ;  but  no  prosecution 
therefor  shall  be  brought  until  four  weeks  after  written 
notice  from  an  inspector,  as  above  provided,  of  the 
changes  necessary  to  be  made  in  order  to  conform  thereto, 


1888.  — Chapter  427.  477 

nor  then  if  in  the  meantime  such  changes  have  been  made 
in  accordance  with  such  notitication.     Notice  to  one  mem- 
ber of  a  firm,  or  to  the  clerk  or  treasurer  of  a  corporation, 
or  to  tlie  person  in  charge  of  the  premises,  shall  be  deemed 
sufficient  notice  hereunder,  and  such  notice  may  be  given 
in  person  or  by  mail.     Any  such  owner,  lessee  or  occu- 
pant shall  be  liable  for  all  damages  caused  by  his  violation 
of  the  provisions  of  this  act.     Any  person  using  or  occu-  Person  may  be 
pying  a  building  contrary  to  the  provisions  of  this  act  may  comtrtorusiifg 
be  enjoined  from  such  use  or  occupation  in  a  proceeding  conuL'Jyto 
to  be  had  before  the  superior  court  or  the  supreme  judicial  P'"o^'i«iois. 
court  at  the  instance  of  the  inspector,  and  upon  the  filing 
of  a  petition  therefor  any  judge  or  justice  of  the  court  in 
which  such  proceeding  is  pending  may  issue  a  temporary 
injunction  or  restraining  order,  as  provided  in  proceedings 
in  equity. 

Section  13.     The  governor  of  the  Commonwealth    is  t^"  additional 
hereby  authorized  to  appoint  from  time  to  time,  as  may  inspection 
be  necessary,  not  exceeding  ten  additional  members  of  the  til'^dlsui'c"  ° 
inspection  department  of  the  district  police  force,  qualified  appoiuted^^^ 
to  perform  the  duties  of  the  members  of  such  department. 

Section  14.  Sections  fifteen  to  twenty  inclusive  of 
chapter  one  hundred  and  four  of  the  Public  Statutes,  sec- 
tion tv»'0  of  chapter  two  hundred  and  fifty-one  of  the  acts 
of  the  3'ear  eighteen  hundred  and  eighty-three,  chapter 
three  hundred  and  twenty-six  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-five,  chapter  two  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  and  all  acts  and  parts  of  acts  inconsistent  herewith, 
are  herein'  repealed. 

Section  lo.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  July  in  the  year  one  thousand  eight  hundred  and  eighty-    "  ^  ' 
eight.  J^9pry^'ed  May  29,  1888. 

An  Act  in  relation  to  the  bay  state  gas  company.  /-r?        4^1 

Be  if,  enacted,  etc.,  as  follows: 

Section  1.     The  Bay  State  Gas  Company  is   hereby  ^ray  increase 
authorized  to  increase  its  capital  stock  to  an  amount  not '^"^"''''*'°'''^* 
exceeding  two  million  five  hundred  thousand  dollars,  sub- 
ject to  the  provisions  of  the  general  laws  and  the  a|)provaI 
of  the  board  of  gas  commissioners.     Such  additional  stock  stock  to  be 
to  be  issued  from  time  to  time  in  such  amounts  as  the  said  eo^mmissioiRMg 
board  may  determine  to  be  necessary  or  expedient  to  carry  "'*^'  ''^'^'■"""e- 


478  1888.  — Chapters  428,  429. 

into  effect  the  objects  for  which  said  company  was  organ- 
ized. 

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

Approved  May  29,  IS 88. 


Chap 


.428  ^^  ^^"^  AUTHORIZING  THE  GAS  COMMISSIONERS  TO  LICENSE  CER- 
T.UN  GAS  COMPANIES  TO  MAKE  AND  SELL  WATER  GAS  FOR  IL- 
LUMINATING PURPOSES. 


Be  it  enacted,  etc. ,  as  follows : 


Gascoramis-  SECTION  1.     The  boai'd  of  ofas  commissioners  is  hereby 

Biouers  may  i         •         i  t  . 

liceusegas         Ruthorized  to  liccnsc  anj  gas  company  HOW  authorizcd  to 
authorized  to      make  gas  for  illuminating  purposes  to  make  and  sell  water 
iuuminat'iug'      gss  for  illuminating  purposes  containing  any  percentage  of 
make°anyreii     carbonlc  oxldc  that  said  board  may  determine  :  jjyovided, 
water  gas.         that  such  boai'd  shall  be  of  opinion  and   certify  in  any 
license  granted  by  them  that  in  their  opinion  the  gas  so 
authorized  can  be  used  with  safety  for  such  purposes,  and 
after  receiving  such  license  said  company  shall  be  exempt 
from  an}-^  penalty  or  prohibition  provided  in  section  four- 
teen of  chapter  sixty-one  of  the  Public  Statutes  relating 
Proviso.  to  carbonic  oxide,  provided  the   percentage  of  carbonic 

oxide  shall  not  exceed  the  limit  allowed  by  said  board. 
conTaTuJmwe         Section  2.     Any  company  who  shall  under  the  provi- 
thau  ten  per       sious  of  the  fii'st  scctlou  of  this  act  be  licensed  to  make 

ceut.ot  carbonic  in  /■        -ii  •  •  •     • 

oxide, statement  aud  scll  watcr  gas  tor  lUummating  purposes  containnig  an 
"o  be'^fmSed  exccss  of  ten  per  cent,  of  carbonic  oxide,  shall  furnish  to 
to  consumer.  evcry  actual  consumer  a  copy  of  the  gas  commissioners' 
license  which  shall  contain  a  statement  of  the  percentage 
of  carbonic  oxide  such  gas  contains  as  near  as  the  same 
can  be  ascertained.  And  no  company  so  licensed  shall 
charge  more  for  water  gas  in  any  locality  than  is  charged 
in  that  locality  by  any  company  furnishing  gas  therein 
when  the  manufacture  and  sale  of  such  water  gas  is  so 
licensed. 

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

Approved  May  29,  1888. 

ChapA29    -^N  Act  relating  to  fraternal  beneficiary  organizations. 

Be  it  enacted,  etc.,  asfolloios: 
Fraternal  SECTION  1.     Scvcn  or  moi'e  persons,  residents  of  this 

beuelifiary  ,   ,  „  ,,    •*■  ,     ,  ^    . 

corporations       Commonwcaith,  may  torm  a  iraternal  benenciary  corpo- 
may  be  lormed.  j.j^j^jqj^  ^qj.  the  purposcs  hereinafter  provided. 


1888.  — Chapter  429.  479 

Section  2.     The  agreement  shall   state  that  the  sub-  ftft'lZ^eo? 
scribers  thereto  associate  themselves  with  the  intention  of  corporation, 

.  ,  /•      1  •  1        purpose  and 

formino;  a  corporation,  the  name  of  the  corporation,  the  cuy,  etc.,  in  the 

^     ,.  ,  •    I      '1     •        r  1  Til         i  -i         Commonwealth 

juirpose  tor  which  it  is  lormed,  ana  the  town  or  city,  where  located. 
which  shall  be  in  this  Commonwealth,  in  which  it  is 
located.  The  name  shall  be  one  not  previously  in  use  by 
an  existing  corporation,  nor  so  similar  as  to  be  liable  to 
be  mistaken  therefor ;  it  shall  indicate  that  it  is  a  corpora- 
tion or  company,  and  may  be  changed  only  by  act  of  the 
general  court. 

Section  3.  The  first  meeting  of  the  associates  shall  be  FUst  meeting. 
called  by  a  notice  signed  by  one  or  more  of  the  sub- 
scribers to  such  agreement,  stating  the  time,  place  and 
purpose  of  the  meeting;  a  copy  of  which  notice  shall, 
seven  days  at  least  before  the  day  appointed  for  the  meet- 
ing, be  given  to  each  subscriber,  or  left  at  his  usual 
place  of  business  or  place  of  residence,  or  deposited  in 
the  post  office,  post  paid,  and  addressed  to  him  at  his 
usual  place  of  business  or  residence.  And  whoever  gives 
such  notice  shall  make  affidavit  of  his  doings,  which  shall 
be  recorded  in  the  records  of  the  corporation. 

Section  4.     At  such  first  meeting,  including  any  neces-  organization  by 
sary  or  reasonable  adjournment,  an  organization  shall  be  omcer",° 
effected  by  the  choice  by  ballot  of  a  temporary  clerk,  who  byTw'l'.'etc. 
shall   be  sworn,  and  by  the   adoption  of  by-laws  and  the 
election  of  directors,  treasurer  and  clerk  by  ballot,  and 
such    other   officers  as  the  by-laws  may  provide  ;  but  at 
such  first  meeting  no  person  shall  be  eligible  as  a  director 
who  has  not    subscribed    the    agreement    of  association. 
The  temporary  clerk  shall  make  and  attest  a  record  of 
the    proceedings    until    the    clerk    has    been    chosen    and 
sworn,  including  a  record  of  such  choice  and  qualification. 

Section  5.     The  corporation  may  prescribe  by  its  by-  Byiawsto 
laws  the  manner  in  which  and  the  officers  and  agents  by  uwTn  whi™h,°" 
whom  the  purposes  of  its  corporation  may  be  carried  out,  etc^,'by  w'l.onr' 
and  instead  of  the  directors  and  other  officers  named  in  sec    pinposes  niay 
tion  four,  it  may  have  trustees  or  managers  and  nnancial 
and  recording  officers  wMth  similar  powers  and  duties. 

Section  6.     Officers  chosen  a^  required  in  section  four  Tenure  of 
shall  hold  office  until  the  next  succeeding  meeting  of  the  "'"*^^' 
cori)oiation  for  the  election  of  officers,  the  date  for  which, 
within  two  years  of  the   time  of  organization,  shall   be 
prescribed   by  the  by-laws,   at  which,   and  thereafter  at 
least  biennially,  the   before  mentioned  officers    shall    be 


480  1888.  —  Chapter  420. 

chosen  and  shall    hold    office   until   thtir  successors    are 

elected  and  qualified. 
ag/'eemf nt  and        Section  7.     The  presiding  officer,  treasurer,  and  a  nia- 
dcciuiuiiun  ot     jority  of  the  directors,  or  other  officers,  shall   forthwith 

purpose,  etc.,  to  "^       ,  "^        .  -  '  ' 

beswoin  to  and  make,  sign  and  swear  to  a  certificate  setting  lorth  a  true 
the  insurance     copy  of  the  agreement  and  declaration  of  purpose  of  the 
commissioner.     aggQ^iation,  with  the  names  of  the  subscribers  thereto,  the 
date  of  the  first  meeting,  and  the  successive  adjournments 
thereof,  if  any,  and  shall  submit  such  certificate  and  the 
records  of  the  corporation  to  the  insurance  commissioner, 
who  shall  make   such  examination  and  require   such   evi- 
dence as  he  deems  necessary  ;  and  if  it  ajjpears  that  the 
purposes  and  proceedings  of  the  corporation  conform  to 
law,  he  shall  certify  his  approval  thereof,  and  the  certifi- 
cate  shall  then   be   filed   by  said   officers  in  the  office  of 
the  secretary  of  the  Commonwealth,  who,  upon  payment 
Fee  of  five  del-  of  a  fcc  of  five  dolhu's,  shall  cause  the  same,  with  the  en- 

lars  to  be  paid.      ,  -,1  ti  iini 

dorsements,  to  be  recorded,  and  shall  thereupon  issue  a 
certificate  in  the  following  form  :  — 

Form  of  COMMONWEALTH    OF    MASSACHUSETTS. 

certificate  to  be 

secretary  of  the  Be  it  kuowu  that  whcrcas  [licrc  the  names  of  the  sub- 
ommouweaith.  ggj.jjjgj.g  ^q  ^j^g  agreement  of  association  shall  1)e  inserted] 
have  associated  themselves  wath  the  intention  of  forming 
{f  corporation  under  the  name  of  [here  the  name  of  the 
corporation  shall  be  inserted] ,  for  the  purpose  [here  the 
purpose  declared  in  the  agreement  of  association  shall  be 
inserted] ,  and  have  complied  with  the  provisions  of  the 
statutes  of  this  Commonwealth  in  such  case  made  and  pro- 
vided, as  appears  from  the  certificate  of  the  officers  of  said 
corporation,  duly  approved  by  the  insurance  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  agreement 
of  association  shall  be  inserted],  their  associates  and  suc- 
cessors, are  legally  organized  and  established  as  and  are 
hereby  made  an  existing  corporation  under  the  name  of 
[here  the  name  of  the  corporation  shall  be  inserted] ,  with 
the  powers,  rights  and  privileges,  and  subject  to  the  limi- 
tations, duties  and  restrictions  which  by  law  appertain 
thereto.  Witness  my  official  signature  hereunto  sub- 
scribed, and  the  seal  of  the  Commonwealth  of  Massachu- 


1888.  —  Chapter  429.  481 

setts  hereunto  affixed,  this  day  of  in 

the  year  .      [In  these  blanks  the   day,  month 

and  year  of  execution  of  the  certificate  shall  be  inserted.] 

The  secretary  shall  sign  the  same  and  cause  the  seal  of  fj'^j!  recorded! 
the  Commonwealth  to  be  thereto  affixed,  and  such  certifi- 
cate shall  be  conclusive  evidence  of  the  existence  of  such 
corporation  at  the  date  of  such  certificate.  He  shall  also 
cause  a  record  of  such  certificate  to  be  made,  and  a  certi- 
fied copy  of  such  record  may  be  given  in  evidence  with 
like  etfect  as  the  original  certificate. 

Section  8.     Any  corporation  duly  organized  as  afore-  payment  of 
said,  and  which  does  not  employ  paid  agents  in  soliciting  or  "'^'^  ^®"°  '^" 
procuring  business,  other  than  in  the  preliminary  organi- 
zation of  local  branches,  and  which  conducts  its  business 
as  a  fraternal  society  on  the  lodge  system,  or  limits  its 
certificate  holders  to  a  particuhir  order,  class  or  fraternity, 
or  to  the  employees  of  a  particular  town  or  city,  desig- 
nated firm,  business  house  or  corporation,  may  provide  in 
its  by-laws  for  the  payment,  from  time  to  time,  of  a  fixed 
sum  by  each  member,  and   from  this  income  may   make 
weekly  or  other  payments  to  any  member  during  a  period 
of  disability   of  such   member,   or  pay   a   benefit  to  the 
member  or  his  family  at  the  end  of  such  period  of  time 
as  shall  be  fixed  by  said  by-laws  and  written  in  the  bone- 
fit  certificate  issued  to  said  member  :  provided^  that  the  Proviso. 
sum  paid  as  sick  benefits  to  a  member  may  be  deducted 
from  the  total  amount  to  become  due  at  the  maturity  of 
the  certificate.     Such  corporation  may  also  provide  in  its  Payment  to 
by-laws  for  the  payment,   from  time  to  time,   of  a  fixed  deceas'e'd"*^'* " 
sum  by  each  member  to  be  paid  to  the  beneficiaries  of  members. 
deceased  members,  in  such  amount  and  manner  as  shall 
be  fixed  by  said  by-laws  and  written  in  the  benefit  certifi- 
cate issued  to  said  member,  and  payable  to  the  husband, 
wife,   children,  relatives  of,  or  persons  dependent  upon 
such   member ;  but  no  contract   under  this  act  shall   be 
valid  or  legal  which  shall  be  conditioned  upon  an  agree- 
ment or  understanding  that  the  beneficiary  shall  pay  the 
dues  and  assessments,  or  either  of  them,  for  said  mem- 
ber. 

Section  9.     Any  such  corporation  may  hold  at  any  one  May  hold 
time,  as  a  death  fund   belonging  to  the   beneficiaries  of'"" 
anticipated  deceased  members,  an  amount  not  exceeding 
one  assessment  from  a  general  or  unlimited  membership, 
or  an  amount  not  exceeding  in  the  aggregate  one  assess- 


482 


1888.  — Chapter  429. 


Proviso. 


Investment 
of  fund. 


Not  to  re-insure, 
etc.,  with 
organization 
not  authorized 
to  do  business 
in  this  state. 

Existing  asso- 
ciations  under 
laws  ot  auother 
stale,  etc.,  may 
continue,  etc. 


To  report] 
annually  to 
insurance 
commissioner 
the  location  of 
office,  names 
ot  oltieers,  etc. 


Other  state- 
ments may  be 
required  uy 
commissioner. 

Foreign  cor- 
poration to  ap- 
point iiiBiirance 
cominissioner 
its  alloruey 
upon  wliom 
process  may 
be  served. 


merit  from  each  limited  class  or  division  of  its  members  : 
provided,  that  nothing  in  this  section  shall  be  held  to 
restrict  such  fund  to  less  than  twenty-five  thousand  dol- 
lars ;  and  provided  that  corporations  which  pay  benefits 
to  members  or  their  families  at  the  end  of  fixed  periods  of* 
time  may  hold,  as  a  reserve  fund,  an  amount  not  exceed- 
ing twenty  per  cent,  of  the  amount  received  on  assess- 
ments. Such  fund  while  held  in  trust  shall  be  invested 
in  securities  in  which  insurance  companies  are  allowed  by 
law  to  invest  their  capital,  or  deposited  in  safe  banking 
institutions  subject  to  sight  drafts  for  distribution  to  the 
beneticiaries  aforesaid. 

Section  10.  No  such  corporation  shall  re-insure  with  or 
transfer  its  membership  certificates  or  funds  to  any  organ- 
ization not  authorized  to  do  business  in  this  Common- 
wealth. 

Section  11.  Fraternal  beneficiary  corporations,  asso- 
ciations or  societies  organized  under  the  laws  of  another 
state,  now  transacting  in  this  Commonwealth  business  as 
herein  defined,  and  which  now  report  or  which  shall 
report  when  requested  to  the  insurance  department,  may 
continue  such  business  without  incorporating  under  this 
act,  by  conforming  in  other  respects  to  the  foregoing  pro- 
visions and  to  the  requirements  of  section  thirteen  of  this 
act. 

Section  12.  Every  corporation  doing  business  under 
the  foregoing  provisions  shall  annually,  on  or  before  the 
first  day  of  March  in  each  year,  report  to  the  insurance 
commissioner  the  location  of  its  principal  office  in  this 
Commonwealth,  and  the  names  and  addresses  of  its  presi- 
dent, secretary  and  Ireasuier,  or  other  officers  answering 
thereto,  and  shall  make  such  further  statements  of  its 
membership  and  financial  transactions  for  the  year  ending 
on  the  preceding  thirty-first  day  of  December,  with  other 
information  relating  thereto,  as  said  commissioner  may 
deem  necessary  to  a  proper  exhibit  of  its  business  and 
standing;  and  the  commissioner  may  at  other  times  re- 
quire any  further  statement  he  may  deem  necessary  to  be 
made  relating  to  any  such  corporation. 

Section  13.  Every  foreign  corporation  shall,  before 
doing  business  in  this  Commonwealth,  appoint  in  writing 
the  insurance  commissioner  or  his  successor  in  office  to 
be  its  true  and  lawful  attorney,  upon  whom  all  lawful 
processes  in  any  action  or  proceeding  against  it  may  be 


1888.  — Chapter  420.  483 

served  ;  and  in  such  writing  shall  agree  that  any  lawful 
process  against  it  which  is  served  on  said  attorney  shall 
be  of  the  same  legal  force  and  validity  as  if  served  on  the 
corporation,  and  that  the  authority  shall  continue  in  force 
so  long  as  any  liability  remains  outstanding  against  the 
corporation  in  this  Commonwealth.  A  copy  of  the  writing, 
duly  certified  and  authenticated,  shall  l3e  filed  in  the 
office  of  the  commissioner,  and  copies  certified  by  him 
shall  be  deemed  sufficient  evidence  thereof.  Service  upon 
such  attorney  shall  be  deemed  sufficient  service  upon  the 
principal.  When  legal  process  against  any  such  corpora-  coiporauon  to 
tion  is  served  upon  the  commissioner,  he  shall  immedi-  comm'ils'ione^- 
ately    notify  the    corporation  of  such   service   by   letter  when  process 

'^    ,  IT  .  •  1  ■         has  been  served. 

prepaid  and  directed  to  its  secretary,  or,  in  the  case  of  a 
corporation  of  a  foreign  country,  to  the  resident  manager^ 
if  any,  in  this  country;  and  shall,  within  two  days  after 
such  service,  forward  in  the  same  manner  a  copy  of  the 
process  served  on  him  to  such  secretary  or  manager,  or 
to  any  person  previously  designated  by  the  corporation  in 
writing.     The  plaintiff  in  each  process  so  served  shall  pay  plaintiff  to  pay 
to  the  commissioner  at  the   time  of  such  service  a  fee  of  atonerwh^nlTer- 
two  dollars,  which  shall  be  recovered  by  him   as  part  of ''i'^^'*"'''^''- 
the  taxable  costs  if  he  prevails  in  the  suit.     The  commis- 
sioner shall  keep  a  record  of  all  processes  served   upon 
him,  which  record  shall  show  the  day  and  hour  when  such 
service  was  made. 

Section  14.     Any  person  who  shall  solicit  mrmbership  Membership  net 
for,  or  in  any  manner  assist  in  procuring  membership  in  In^'itraiuhof- 
any  corporation  or  organization  not  authorized  to  do  busi-  ized,  under 
ness  in  this  Commonwealth  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  as  provided 
in  section  eighteen  of  this  act. 

Section  15.  The  money  or  other  benefit,  charity,  relief  Benefit,  etc.,  not 
or  aid  to  be  paid,  provided  or  rendered  by  any  corpora-  atuldnnent. 
tion  authorized  to  do  business  under  this  act,  shall  not  l)e 
liable  to  attachment  by  trustee  or  other  process,  and  shall 
not  be  seized,  taken,  appropriated  or  applied  by  any  legal 
or  equital)le  process,  nor  by  operation  of  law,  to  pay  any 
debt  or  liability  of  a  certificate  holder,  or  any  beneficiary 
named  therein. 

Section  16.     Any  solicitor,  agent  or  examining  phvsi-  Penalty  on 

•  L  1      11     1  '1  •!/;■    11  I  i'   1     "  agent,  stlicitor 

cian,  who  shall  knowingly  or  wilfully  make  any  false  or  orexaminintr 
fraudulent  statement  or  representation  in  or  with  reference  w'lmiMy  makmt 
to  any  application  for  membership,  or  for  the  purpose  of  ^»|_«i- statement, 


484 


1888.  —  Chapter  429. 


Existing  cor- 
porations may 
re-incorporate 
under  this  act. 


obtaining  any  money  or  benefit,  in  any  corporation  trans- 
acting b>is>iness  under  this  act,  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  punished  by 
fine  of  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars,  or  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days  nor  more  than  one  year,  or  both,  in 
the  discretion  of  the  court;  and  any  person  who  shall  wil- 
fully make  a  false  statement  of  any  material  fact  or  thing 
in  a  sworn  statement  as  to  the  death  or  disability  of  a  cer- 
tificate holder  in  any  such  corporation,  for  the  purpose  of 
procuring  payment  of  a  benefil  named  in  the  certificate  of 
such  holder,  shall  be  guilty  of  perjury,  and  shall  be  pro- 
ceeded against  and  punished  as  provided  by  the  statutes 
of  this  state  in  relation  to  the  crime  of  perjury. 
,  Section  17.  Any  fraternal  beneficiary  cori)oration  ex- 
isting under  the  laws  of  this  Commonwealth  and  now 
engaged  in  transacting  business  as  herein  defined,  may 
re-incorporate  under  the  provisions  of  this  act :  jorovided, 
that  nothing  in  this  act  contained  shall  be  construed  as 
requiring  or  making  it  obligatory  upon  any  such  corpora- 
tion to  re-incorporate,  and  any  such  corporation  may  con- 
tinue to  exercise  all  rights,  powers  and  privileges  conferred 
by  this  act  or  its  articles  of  incorporation  not  inconsistent 
herewith,  and  shall  be  subject  to  the  requirements  and 
penalties  of  this  act  the  same  as  if  re-incorporated  here- 
under. Ko  charter  granted  under  the  provisions  of  this 
act  shall  continue  valid  after  one  year  from  its  date  unless 
the  organization  has  been  completed  and  business  begun 
thereunder. 

Section  18.  Any  such  corporation,  as-ociation  or  so- 
ciety transacting  business  in  this  Commonwealth,  and  any 
agent  or  officer  of  such  cor[)oration,  association  or  society, 
neglecting  to  comply  with,  or  violating  anj'  provision  of 
this  act  shall  be  punished  by  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars. 

Section  19.  The  provisions  of  chapter  two  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven,  shall  not  apply  to  corporations  organized 
under  or  transacting  business  in  confoimity  to  this  act. 

Section  20.     The  provisions  of  this  act,  so  far  as  they 
of  existing  laws  g^e  the  samc  as  those  of  existin":  laws,  shall  be  construed 

are  to  be  •  •  r-  i     i  i 

construed  as  a     RS  a  contumatU)n  ot  such  laws  and  not  as  new  enactments  ; 

ton  inua  ion.      ^^^  ^j^^  repeal  by  this  act  of  any  provision  of  law  shall 

not  affect  any  act  done,  liability  incurred,  or   any  right 


Penalty  on  cor- 
poration, aaent 
or  officer  for 
neglectinfT  to 
comply,  etc. 


Provisions  of 
18ST,  214,  not  to 
apply. 


Provisions  as 
are  ttie  same  as 


1888.  — Chapter  430.  485 

aociuetl  and  established,  or  any  suit  or  prosecution,  civil 
or  criminal,  pending  or  to  be  instituted  to  enforce  any 
right  or  penalty  or  punish  any  offence  under  the  authority 
of  the  repealed  laws;  and  any  person  who  at  the  time 
when  said  repeal  takes  effect  holds  office  under  any  of  the 
laws  repealed,  shall  continue  to  hold  such  ofBce  according 
to  the  tenure  thereof,  unless  such  office  is  abolished  or  a 
different  provision  is  herein  made. 

Section    21.     Sections    eight,   nine,   ten,   eleven    and  i^epeai. 
twelve  of  chapter  one  hundred  and  fifteen  of  the  Public 
Statutes,    and    section  one  of  chapter  one    hundred  and 
ninety  five  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred and  eighty-two  are  hereby  repealed. 

Section  22.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  18S8. 


An  Act  to  amend  the  certificate  of  incorporation  of  the 
order  of  the  iron  hall. 


ChapAdO 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  certificate  of  incorporation  of  the  ceniflca-e  of 
Order  of  the  Iron  Hall,  dated  the  sixteenth  day  of  Jan-  Lmended!""" 
uary  eighteen  hundred  and  eighty-two,  is  hereby  amended 
so  that  the  purpose  therein  expressed  shall  read  as  fol- 
lows : —  For  the  purpose  of  benevolence  and  charit}^ 
and  to  unite  in  bonds  of  union,  protection  and  for- 
bearance all  acceptalile  persons  of  good  character, 
steady  habits,  sound  bodily  health  and  reputable  calling 
who  believe  in  a  supreme  intelligent  being,  the  creator 
and  preserver  of  the  universe  ;  to  improve  the  condition 
of  its  membership  morally,  socially  and  materially,  by 
instructive  lessons,  judicious  counsel  and  timely  aid,  by 
encouragement  in  business  and  by  assistance  to  obtain  em- 
ployment when  in  need  ;  to  establish  a  relief  fund  of  per- 
sonal property  from  which  members  of  the  said  order  who 
have  complied  with  all  its  rules  and  regulations,  or  the 
legal  heirs  of  such  members,  may  receive  benefits  in  a  sum 
not  exceeding  one  thousand  dollars,  which  shall  be  paid 
in  such  sums,  and  at  such  times  as  may  be  provided  by 
the  laws  governing  such  payments,  or  in  the  certificate  of 
membership  and  when  all  the  conditions  regulating  such 
payment  have  been  complied  with. 

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

Approved  May  29,  1888. 


486  1888.  —  Chapter  431. 


(JJiapASl   -^^    ^CT    TO    AID    SMALL    TOWNS    TO     PKOVIDE    THEMSELVES    WITH 

SCHOOL    SUPERINTENDENTS. 

Be  it  enacted,  etc. ,  as  follows : 
Certain  small  SECTION  1.     Anv  two  ov  more  towiis  the  valuation  of 

towns  may  ii?i-ii  i  •ii-  > 

unite  for  em-      each  01  wDich  cloes  iiot  exceetl  two  million  nve  hundred 

MipVrintemieut    thousand  dollai's,  and  the  aggregate  number  of  schools  in 

of  schools.         jj^ji  ^^  which  is  not  more  than  fifty  nor  less  than  thirty, 

may,  by  vote  of  the  several  towns,  unite  for  the  purpose 

of  the  employment  of  a  superintendent  of  schools  under 

the  provisions  of  this  act. 

niade"thesevc^*ai       Section  2,     Whcu  such  a  uniou  has  been  effected,  the 

whooi  commit-    scliool  committccs  of  the  towns  comprisino:  the  union  shall 

tees  shall  form  a  ..  .  i/.i  /•!• 

joint  committee.  toHH  a  joiut  committce,  and  tor  the  purposes  of  this  act 
said  joint  committee  shall  be  held  to  be  the  agents  of  each 
town  comprising  the  union.     Said  committee  shall  meet 
annually  in  joint  convention  in  the  month  of  April  at  a 
day  and  place  agreed  upon  by  the  chairman  of  the  com- 
mittees of  the  several  towns  comprisinu-  the  union,  and 
shall  organize  by  the  choice  of  a  chairman  and  secretary. 
lM)eTimendent,  They  shall  choose,  by  ballot,  a  superintendent  of  schools  ; 
tix  his  salary,     determine  the  relative  amount  of  service  to  be  performed 
by  him  in  each  town  ;  fix  his  salary,  and  apportion  the 
amount  thereof  to  be  paid  by  the  several  towns,  and  cer- 
tify such  amount  to  the  treasurer  of  each  town. 
'to"'ceVtrfy  nnder      Section  3.     Whcuever  the  chairman  and  secretary  of 
oath  to  the  state  such  ioiut  committec   shall  certify  to  the    state    auditor, 
under  oath,  that  a  union  has  been  effected  as  herein  pro- 
vided, that  the  towns,  in  addition  to  an  amount  equal  to 
the  average  of  the  total  sum  paid  by  the  several  towns  for 
schools  during  the  three  years  next  preceding,  unitedly 
have  raised  by  taxation  and  appropriated  a  simi  not  less 
than  seven  hundred  and  fifty  dollars  for  the  support  of  a 
superintendent  of  schools,  and  that  under  the  provisions  of 
this  act  a  superintendent  of  schools  has  been  employed  for 
Warrant  to  be     oHC  year,  a  waiTaut  shall  be  drawn  upon  the  treasurer  of 
stale "rersmer    the    Commonwcalth  for    the  payment    of   one  thousand 
for  $1,000.         dollars,  one-half  of  which   amount  shall  be  paid  for  the 
salary  of  such  superintendent  and  the  remaining  one-half 
shall  be  apportioned  and  distributed  on  the  basis  of  the 
average  public  school  attendance   of  the  towns   forming 
♦  such  district  for  the  year  next  preceding,  which  amount 

shall  be  paid  for  the  salaries  of  teachers  employed  in  the 
public  schools  within  such  district. 


1888.  —  Chapters  432,  433,  434.  487 

Section  4.     A  sum  not  exceeding  twelve  thousand  tive  Not  exceeding 
hundred  dollars  shall  be   annually  appropriated  for   the  a„riuaiiy° 

purposes  of  this  act.  "  appropnae. 

Section  5.     The    provisions  of  section  forty-three  of  p^^^^^ons  of 
chapter  forty- four  of  the  Public  Statutes  respecting  the  ,^^0^*^10^^,^,^;^; 
service  of  school  committees  without  pay  in  towns  wherein 
a  superintendent  is  appointed,  shall  not  apply  to  towns 
uniting  in  the  employment  of  a  superintendent  under  the 
provisions  of  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1888. 

An  Act  authorizing  the  auditor  of  the  commonwealth  to  (JhapA32 

EMPLOY   AN   ADDITIONAL   CLEKK. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  auditor  of  the  Commonwealth  may  May  employ  an 
employ  in  his    office   an  extra  clerk,  in    addition  to  the 
clerks  whom  he  is  now  authorized  to  employ,  at  an  annual 
salary  of  twelve  hundred  dollars. 

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

Apj)roved  May  29,  1888. 


ChapA^Z 


An   Act   to   amend  section    twenty-seven   of    chapter   one 
hundred  and  eighty-one  of  the  public  statutes  relating 
to  suits  for  redemption  of  mortgaged  premises. 
Be  it  enacted,  etc.,  as  follows : 

Section  twenty-seven  of  chapter  one  hundred  and  eighty-  Suits  for  re- 
one  of  the  Public  Statutes  is  hereby  amended  by  adding  at  mortgaged 
the  end  thereof  the  following: — provided  that  notwith- p.^^Tsi"' § 2t. 
standing  the  bringing  of  such  suit,  the  mortgagee  may 
proceed  with  any  sale  of  which  an  advertisement  has  been 
published  before  the    bringing    of  such  suit    unless  the 
amount  due  is  paid  into  court  or  unless  for  cause  shown 
such  sale  is  enjoined  by  the  court  upon  such  terms  as  the 
court  shall  direct.  Approved  May  29,  1888. 

An  Act  to  provide  for  taking  the  vote  upon  the  question  (JJiayy^i^^/^ 
OF  granting  liquor   licenses  in  towns   and   FOR  taking 

SUCH   VOTE   IN   CITIES    IN     THE    YEAR    EIGHTEEN     HUNDRED    AND 
EIGHTY-EIGHT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  secretary  of  the  Commonwealth  shall  Baiiotstobe 
send  to  the  town  clerk  of  each  town,  seven  days  at  least  neoretai^y  oT the 
previous  to  taking  therein  the  vote  upon  the  question  of  c°'"'"on^<^''ith- 


488 


1888.  — Chapter  434. 


To  be  distrib- 
uted under 
direction  of 
the  clerk. 
Ballot-boxeB  to 
be  used. 


Balloting  to 
proceed  as  pre- 
siding officer 
may  direct,  if 
baliot-box 
cannot  be  used. 


Ballots  to  be 
used  in  cities  in 
the  year  eight- 
een hundred  and 
eighty -eight. 


granting  licen.ses  for  the  sale  of  intoxicating  liquors, 
ballots  both  affirmative  and  negative,  in  number  twice  at 
least  the  numl^er  of  registered  voters  in  such  town,  and 
prepared  in  accordance  with  the  requirements  of  chapter 
forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six.  Such  ballots  shall  be  distributed  to  the  voters 
at  the  polling  place  under  the  direction  of  the  clerk. 

Section  2.  In  taking  the  vote  in  any  town  upon  the 
question  of  granting  licenses  for  the  sale  of  intoxicating 
liquors,  there  shall  be  used  in  such  town  the  ballot-box 
provided  in  accordance  with  the  requirements  of  chapter 
two  hundred  and  ninety-nine  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four.  All  ballots  upon  said 
question  shall  be  deposited  in  such  boxes,  and  no  ballots 
shall  be  counted,  in  ascertaining  the  result  of  such  vote, 
unless  so  deposited  and  therein  registered,  or  deposited  in 
accordance  with  the  following  section.  The  provisions  of 
said  chapter  two  hundred  and  ninety-nine  shall,  so  far  as 
applicable,  apply  to  the  use  of  such  ballot-boxes  in  voting 
upon  said  question. 

Section  3.  If  for  any  cause  it  shall  become  impossible 
in  any  town,  in  taking  the  vote  upon  said  question,  to 
make  use  of  the  ballot-box  herein  required,  the  balloting 
shall  proceed  as  the  presiding  officer  shall  direct,  and  the 
clerk  shall  make  a  record  of  the  facts  pertaining  to  such 
balloting. 

^^ECTiON  4.  All  ballots  which  shall  be  printed  in 
accordance  with  section  twenty-seven  of  chapter  two 
hundred  and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  for  use  in  cities  at  the  municipal 
elections  which  shall  be  held  in  the  year  eighteen  hundred 
and  eighty-eight,  shall,  in  addition  to  the  names  of  candi- 
dates for  municipal  offices,  contain  in  clear  and  distinct 
t3'pe  the  words,  "  Shall  licenses  be  granted  for  the  sale  of 
intoxicating  liquors  in  this  city?  Yes  —  No";  and  the 
ballots  so  printed  shall  be  used  for  taking  the  vote  in  the 
year  eighteen  hundred  and  eighty-eight  in  the  several 
cities  upon  the  question  of  granting  such  licenses,  as  well 
as  for  the  choice  of  municipal  officers.  In  order  to  ascer- 
tain the  result  of  the  vote  upon  said  question  every  such 
ballot  from  which  the  word,  "No,"  is  crossed  out  or 
erased  shall  be  counted  as  a  vote  in  the  affirmative,  and 
every  such  ballot  from  which  the  word,  "Yes,"  is  so 
crossed  out  or  erased  shall  be  counted  as  a  vote  in  the 


1888.  — Chaptek  435.  489 

negative  ;  but  no  ballot  shall  be  counted  as  a  vote  upon 
the  question  unless  one  of  the  said  words  has  been  so 
crossed  out  or  erased  therefrom  and  the  other  remains 
thereon. 

Section  5.     All  existinij  provisions  of  law  to  prevent  P'oviBione 

fii  •  111-  r.  Ill  asamst  fraud- 

traudulent  voting,  and  the  penalties  thereior,  shall  apply  "itnt  voting 
to  the  taking  of  the  vote  upon  the  license  question.  oappj. 

Section  6.     Chapter  four  hundred  and  forty-three  of  Repeal. 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
and  all  other  acts  and  parts  of  acts  inconsistent  herewith 
are  repealed. 

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

Approved  3Iay  29,  1888. 


Ax  Act  to  authokize  the   city  of  Worcester   to  lay  out  a  Cj]iQr>,4^^ 

STREET   over   LAND   OF   THE   COMMONWEALTH   AT   WORCESTER.  "^ 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  citj'"  council  of  the  city  of  Worcester  May  layout  a 
may  lay  out  and  construct  a  public  street  of  a  width  not  Lmrorthe 
exceeding    one    hundred    feet,  extending  northerly  from  at°worc"e8te'*r.''* 
Shrewsbury   street  over  land    of  the  Worcester  lunatic 
hospital  situated  on  the  westerl}^  shore  of  Lake  Quinsiga- 
mond    in   said    city,  notwithstanding    the    provisions   of 
section  fifteen  of  chapter  fifty-four  of  the  Pul)lic  Statutes. 
The  location  of  said  new  street  shall   be  within  live  hun-  Location. 
clred  feet  of  said  lake,  and  the  location  and  construction 
thereof  shall  be  sulrject  to  the  a})proval  of  the  governor 
and  council.     Claims   for  damages    for    the  location  and 
construction  thereof  shall  exist  as  in  case  of  laying  out  of 
highways  over  lands  of  individuals,  and  the  same  shall  be 
settled  in  the  manner  now  provided  l)y  law  in  such  cases. 

Section  2.     Whenever  the  g-overnor  and  council  shall  ^"'tawe  fences 

to  t)G  coil- 

so  require,  the  city  of  Worcester  shall  construct  at  its  own  snucteci,  when 
expense  suitable  fences  se})arating  said  road  from  the  lands  govenrorand  ^ 
belonging  to  the  Worcester  lunatic  hospital,  and  when  so  '=°""'=''- 
required  by  the  governor  and  council  shall  construct  at  its 
own  expense  such  passages  as  shall  be  deemed  necessary 
by  the  governor  and  council  to  connect  the  lands  of  the 
hospital  which  may  lie  on  opposite  sides  of  said  road. 

Section  3.     Chapter  four  hundred  and   forty-four   of  Repeal. 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven  is 
hereby  repealed. 

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

Approved  May  29,  1888. 


490  1888.  —  Chapter  436. 


Gkan  436  ^^   -^^'^   ^^   pkovide   for   printixg  axd  distributing  ballots 

AT   THE   PUBLIC   EXPENSE,   AND    TO   REGULATE    VOTING    AT     STATE 
AND   CITY   ELECTIONS. 

Be  it  enacted^  etc. ,  as  follows : 
Ballots  for  Sectiox  1.     All  ballots  cast  in  elections  for  national, 

uational,  gUite,  ,.         .  ,  ^^  ...  ,  p 

dietrict,  county  statc,  distuict  End  county  oracers  in  cities  and  towns  alter 
t'oVpiintcchuid  the  first  day  of  Novem])er  in  the  year  eighteen  hundred  and 
puTiicexpciise.  elglity-ninc,  and  all  ballots  cast  in  municipal  elections  in 
cities  after  that  date,  shall  be  printed  and  distributed  at 
public  expense,  as  hereinafter  provided.  The  printing  of 
the  ballots  and  cards  of  instructions  to  voters  shall  in 
municipal  elections  in  cities  be  paid  for  by  the  several 
cities  respectively,  and  in  all  other  elections  the  printing 
of  the  ballots  and  cards  of  instruction,  and  the  delivery  of 
them  to  the  several  cities  and  towns,  shall  be  paid  for  by 
the  Commonwealth.  The  distribution  of  the  ballots  to 
the  voters  shall  be  paid  for  by  the  cities  and  towns  respee- 
deS'^™*  tively.  The  term  "state  election  ",  as  used  in  this  act, 
shall  apply  to  any  election  held  for  the  choice  of  a  national, 
state,  district  or  county  officer,  whether  for  a  full  term  or 
for  the  filling  of  a  vacancy,  and  the  term  "  state  officer" 
shall  apply  to  any  person  to  be  chosen  by  the  qualified 
voters  at  such  an  election.  The  term  "city  election" 
shall  apply  to  any  municipal  election  so  held  in  a  city,  and 
the  term  "  city  officer"  shall  apply  to  any  person  to  be 
chosen  by  the  qualified  voters  at  such  an  election. 


NOMINATIONS    OF    CANDIDATES. 

Names  of  candi-       SECTION  2.     Aiiv    convcntion    of  delegates,    and   any 

dates  nominated  ,  ''  .  i  •        /•  i     r»         i 

by  convention,    caucus  Or  meeting  of  qualified  voters,  as  hereinafter  defined, 

upon  bauots'!"''    and  individual  voters  to  the  number  and  in  the  manner 

hereinafter  specified,  may  nominate  candidates  for  public 

office,  whose  names  shall  be  placed  upon  the  ballots  to  be 

furnished  as  herein  provided. 

One  candidate         SECTION  3.     Anv  couvcution  of  deleo'ates  representing 

for  each  office  ,,.,  i-i  i-*^  t 

maybenomi-  a  political  party  waiicli,  at  the  election  next  preceding, 
ventionfe^c"  polled  at  Icast  three  per  cent,  of  the  entire  vote  cast  in  the 
state,  or  in  the  electoral  district  or  division  thereof  for 
which  the  nomination  is  made,  or  any  convention  of  dele- 
gates who  have  been  selected  in  caucuses  called  and  held 
in  accordance  with  a  special  statute  providing  therefor, 
and  any  caucus  so  called  and  held  in  any  such  electoral 


divisions  of  the 
state. 


1888.  — Chapter  436.  491 

district  or  division,  may  for  the  state  or  for  the  district  or 
division  for  which  the  convention  or  caucus  is  held,  as  the 
case  may  be,  by  causing  a  certiticate  of  nomination  to  be 
duly  tiled,  make  one  such  nomination  for  each  office  there- 
in to  be  tilled  at  the  election.  Every  such  certificate  of  no,niu^uou?^ 
nomination  shall  state  such  facts  as  may  be  required  as 
above  for  its  acceptance,  and  as  are  required  in  section  » 
five  of  this  act ;  shall  be  signed  l>y  the  presiding  oificer 
and  by  the  secretary  of  the  convention  or  caucus,  who 
shall  add  thereto  their  places  of  residence ;  and  shall  be 
sworn  by  them  to  be  true  to  the  best  of  their  knowledge 
and  belief,  and  a  certificate  of  the  oath  shall  be  annexed 
to  the  certificate  of  nomination. 

Section  4.     Nominations  of  candidates  for  any  offices  Nominationa  of 
to  be  filled  by  the  voters  of  the  state  at  large  may  be  made  state  at  large. 
by  nomination  papers  signed    in  the  aggregate  for  each 
candidate  by  not  less  than  one  thousand  qualified  voters 
of  the  state.     Nominations  of  candidates  for  electoral  dis-  Nominations  for 
tricts  or  divisions  of  the  state  may  be  made  by  nomination  district! 
papers  signed  in   the    aggregate    for   each  candidate    by 
qualified  voters  of  such   district  or  division,  not  less  in 
number  than  one  for  every  one  hundred  persons  who  voted 
at  the  next  preceding  annual  election  in  such  district  or 
division,  but  in  no  case  less  than  fifty.     In  the  case  of  a  first  Nominations  at 

.'  ''  ,1.11      hrst  election  in 

election  to  be  held  in  a  town  or  ward  newly  established,  town, etc. 

the  number  of  fifty  shall  be  sufficient  for  the  nomination  of 

a  candidate- who  is  to  be  voted  for  only  in  such  town  or 

ward  ;  and  in  the  case  of  a  first  election  in  a  district  or 

division  newly  established,  other  than  a  town  or  ward,  the 

number  of  fifty  shall  be  so  sufficient.     Each  voter  signing 

a  nomination  paper  shall  add  to  his  signature  his  place  of 

residence,  and  each  voter  may  subscribe  to  one  nomination 

for  each  office  to  be  tilled,  and  no  more.     Women  qualified  ^y°™f"  T„Y.i^„ 

'  _  i  sign  nonimation 

to  vote  for  members  of  the  school  committee  may  sign  papers  for 

"       Bchool  com- 

nomination  papers  for  candidates  for  the  school  committee,  mittee. 
The  nomination  papers  shall  before  being  filed  be  respec-  certificate  of 
tively  submitted  to  the  registrars  of  voters  of  the  cities  or  "^sistrais. 
towns  in  which  the  signers  purport  to  be  qualified  voters, 
and  each  registrar  to  whom  the  same  is  submitted  shall 
forthwith  certify  thereon  what  number  of  the  signatures 
are  names  of  qualified  voters  both  in  the  city  or  town  for 
which  he  is  a  registrar  and  in  the  district  or  division  for 
which  the  nomination  is  made  ;  one  of  the  sijjners  to  each  oncsitrnerto 

~  swear  that 

such  separate  paper  shall  swear  that  the  statements  there-  statements  are 


492 


1888.  —  Chapter  436. 


Certificates  of 
nomination  to 
specify  office, 
etc. 


Xominatione  for 
statL'  offices  to 
be  filed  with 
secretary  of  the 
Commonwealth. 


Nominations  for 
city  offices  to 
1)6  filed  with 
city  clerk. 


Objections  to 
nominations  to 
be  considered, 
etc. 


Any  person  pre- 
sented as  a 
candidate  may 
withdraw  his 
name. 


in  are  true,  to  the  best  of  his  knowledge  and  belief,  and 
the  certificate  of  such  oath  shall  be  annexed. 

Section  5.  All  certificates  of  nomination  and  nomina- 
tion papers  shall,  besides  containing  the  names  of  candi- 
dates, specify  as  to  each,  (1)  the  office  for  whiC;h  he  is 
nominated;  (2)  the  party  or  political  princii)le  which  he 
represents,  expressed  in  not  more  than  three  words ; 
(3)  his  place  of  residence,  with  street  and  number  there- 
on, if  any.  In  the  case  of  electors  of  president  and  vice- 
president  of  the  United  States,  the  names  of  the  candidates 
for  president  and  vice-president  may  be  added  to  the  party 
or  political  appellation. 

Section  ().  Certificates  of  nomination  and  nomination 
papers  for  the  nomination  of  candidates  for  state  offices 
shall  be  filed  with  the  secretary  of  the  Commonwealth  at 
least  fourteen  days  previous  to  the  day  of  the  election  for 
which  the  candidates  are  nominated.  Such  certificates  and 
papers  for  the  nomination  of  candidates  for  the  offices  of 
mayor  and  of  aldermen  in  cities  shall  be  filed  with  the  city 
clerks  of  the  respective  cities  at  least  ten  days  previous  to 
the  day  of  such  election,  and  for  the  nomination  of  candi- 
dates for  all  other  city  offices  at  least  six  days  previous  to 
the  day  of  such  election. 

Section  7.  The  certificates  of  nomination  and  nomina- 
tion papers  being  so  filed,  and  being  in  apparent  conform- 
ity Avith  the  provisions  of  this  act,  shall  be  deemed  to  be 
valid,  unless  objection  thereto  is  duly  made  in  writing. 
Such  objections  or  other  questions  arising  in  relation 
thereto  in  the  case  of  nominations  of  state  officers  .shall 
be  considered  by  the  secretary  of  the  Commonwealth  and 
the  auditor  and  attorney-general,  and  the  decision  of  the 
majority  of  these  officers  shall  be  final.  Such  objections 
or  questions  arising  in  the  case  of  nominations  of  city 
officers  shall  be  considered  l)y  the  board  of  registrars  of 
voters  together  with  the  city  clerk,  if  not  a  member  of 
such  board,  and  the  city  solicitor,  and  the  decision  of  a 
majority  of  these  officers  shall  be  final.  In  case  such 
o])jection  is  made  notice  shall  forthwith  be  mailed  to  the 
candidates  afi'ected  thereby,  addressed  to  their  residences 
as  o-iven  in  the  certificates  of  nomination  or  nomination 
papers. 

Section  8.  Any  person  whose  name  has  been  pre- 
sented as  a  candidate  may  cause  his  name  to  be  withdrawn 
from  nomination,  by  request  in  writing  signed    by  him 


18S8.  — Chapter  43G.  493 

and  acknowledsjed  before  an  officer  qualified  to  take 
acknowledgments  of  deeds,  and  filed  with  the  secretary  of 
the  Commonwealth  ten  days  or  with  the  proper  city  clerk 
five  days,  as  the  case  may  be,  previous  to  the  diiy  of 
election,  and  no  name  so  withdrawn  shall  be  printed  upon 
the  ballots.  No  nomination  published  and  posted  as 
herein  provided  shall  be  subsequently  omitted  as  invalid. 

Section  9.     All  certificates  of  nomination  and  nomina-  certificates  of 
tion  papers  when  filed  shall  be  open  under  i)roper  regu-  et°c"\Tbe'open 
lations   to  public   inspection,    and   the  secretary    of   the  tp^pubiic mspec 
Commonwealth  and  the  several  city  clerks  shall  preserve 
the  same  in  their  respective  offices  not  less  than  five  years. 

FORM    OF    BALLOTS. 

Section  10.  Every  general  ballot,  or  ballot  intended  Form  of  baiiots. 
for  the  use  of  all  male  voters,  which  shall  be  printed  in 
accordance  with  the  provisions  of  this  act,  shall  contain 
the  names,  residences,  together  with  street  and  number, 
if  any,  and  the  party  or  political  designation  of  all  candi- 
dates whose  nominations  for  any  offices  specified  in  the 
ballot  have  been  duly  made  and  not  withdrawn  in  accord- 
ance herewith,  and  shall  contain  no  other  names.  Except 
that  in  the  case  of  electors  of  president  and  vice-president 
of  the  United  States  the  names  of  the  candidates  for  presi- 
dent and  vice-president  may  be  added  to  the  party  or 
political  designation.  The  names  of  candidates  for  each 
office  shall  be  arranged  under  the  designation  of  the  office 
in  ali)habetical  order,  according  to  surnames,  except  that 
the  names  of  candidates  for  the  offices  of  electors  of  presi- 
dent and  vice-president  shall  be  arranged  in  groups,  as 
presented  in  the  several  certificates  of  nomination  or  nomi- 
nation papers.  There  shall  ))e  left  at  the  end  of  the  list 
of  candidates  for  each  difierent  office  as  many  blank  spaces 
as  there  are  persons  to  be  elected  to  such  office,  in  which 
the  voter  may  insert  the  name  of  any  person,  not  printed 
on  the  ballot,  for  whom  ho  desires  to  vote  as  candidate 
for  such  office.  Whenever  the  approval  of  a  constitutional 
amendment  or  other  question  is  submitted  to  the  vote  of 
the  people,  such  questions  shall  be  printed  upon  the  ballot 
after  the  list  of  candidates.  Special  ballots  in  cities,  con- 
taining only  the  names  of  candidates  for  the  school  com- 
mittee, shall  also  be  prepared  in  like  manner  and  printed 
for  the  use  of  women  qualified  according  to  law  to  vote  for 


491 


1888.  —  Chapter  430. 


Form  of  ballots. 


BaHots  to  be 
fastened  lo- 
jiether  in  books 
or  blocks. 

Record  to  be 
kept  of  number 
furuished. 


Two  sets  of 
ballots  to  be 
furnished  at 
each  voting 
place. 


Number  of  ' 
voters  to  be 
certified  to  the 
secretary. 


meml)ers  of  the  school  committee.  The  ballots  shall  be  so 
printed  as  to  give  to  each  voter  a  clear  opportunity  to 
designate  by  a  cross  mark  [  X  ]  in  a  siitficient  margin  at 
the  right  of  the  name  of  each  candidate,  his  choice  of 
candidates  and  his  answer  to  the  questions  submitted,  and 
on  the  ballot  may  be  printed  such  words  as  will  aid  the 
voter  to  do  this,  as  "  vote  for  one",  "vote  for  three", 
"yes",  "no",  and  the  like.  The  ballot  shall  be  of  the 
length  now  required  by  law  and  two  or  more  times  such 
width.  Before  distribution  the  ballots  shall  be  so  folded 
in  marked  creases  that  their  width  and  length  when  folded 
shall  be  those  of  the  ballot  now  required  by  law.  On  the 
back  and  outside,  when  folded,  shall  be  printed  "  Official 
Ballot  for",  followed  by  the  designation  of  the  polling 
place  for  which  the  ballot  is  prepared,  the  date  of  the 
election,  and  a  fac  simile  of  the  signature  of  the  secretary 
of  the  Commonwealth  or  city  clerk  Avho  has  caused  the 
ballot  to  be  printed.  The  special  ])allots  printed  in  cities 
for  the  use  of  women  qualitied  to  vote  for  school  com- 
mittee shall  contain  the  additional  endorsement  that  they 
are  for  such  use  only.  Except  as  otherwise  herein  pro- 
vided, ballots  shall  be  printed  in  accordance  with  the 
existing  provisions  of  law. 

Section  11.  All  ballots  when  printed  shall  be  folded 
as  hereinbefore  provided  and  fastened  together  in  con- 
venient numbers  in  books  or  blocks,  in  such  manner  that 
each  ballot  may  be  detached  and  removed  separately.  A 
record  of  the  number  of  ballots  printed  and  furnished  to 
each  polling  place  shall  be  kept  and  preserved  by  the 
secretary  of  the  Commonwealth  and  the  several  city  clerks. 

Section  12.  There  shall  be  provided  for  each  voting 
place,  at  which  an  election  is  to  be  held,  two  sets  of  such 
general  ballots,  each  of  not  less  than  one  hundred  for 
every  fifty  and  fraction  of  fifty  registered  male  voters 
therein,  and  likewise  two  sets  of  such  special  ballots,  each 
of  not  less  than  one  hundred,  for  every  fifty  and  fraction 
of  fifty  women  qualified  to  vote  for  school  committee 
therein  ;  and  it  shall  be  the  duty  of  the  registrars  of  voters 
in  each  city  or  town  in  which  an  election  for  state  officers 
is  to  be  held,  to  certify  to  the  secretary  of  the  Conmion- 
wealth  fourteen  days  previous  to  any  such  election,  the 
number  of  male  registered  voters  in  each  voting  precinct 
or  in  each  town  ^vhich  is  not  divided  into  voting  precincts, 
and  in  cities  the  number  of  women  so  reo'istered  as  voters. 


1883.  —  Chapter  436.  495 


INFORMATION    TO    VOTERS. 

Section  13.  The  secretary  of  the  Commonwealth,  in  Fuiiinstn,ctions 
case  ot  a  state  election,  and  the  several  city  clerks,  ni  case  voters  to  be 
of  city  elections,  shall  prepare  full  instructions  for  the  Furnishedf" 
guidance  of  voters  at  such  elections,  as  to  obtaining  bal- 
lots, as  to  the  manner  of  marking  them,  and  the  method 
of  aainino;  assistance,  and  as  to  obtainins;  new  ballots  in 
place  of  those  accidentally  spoiled,  and  they  shall  re- 
spectively cause  the  same,  together  with  copies  of  sections 
twenty-seven,  twenty-eight,  twenty-nine  and  thirty  of  this 
act  to  be  printed  in  large,  clear  type,  on  separate  cards,  to 
be  called  cards  of  instructions  ;  and  they  shall  respectively 
furnish  the  same  and  the  ballots  for  use  in  each  such 
election.  They  shall  also  cause  to  be  printed  on  tinted 
paper,  and  without  the  fac  simile  endorsements,  ten  or 
more  copies  of  the  form  of  the  ballot  provided  for  each 
voting  place  at  each  election  therein,  which  shall  be  called 
specimen  ballots,  and  shall  be  furnished  with  the  other 
ballots  provided  for  each  such  voting  place. 

Section  14.     The  secretary  of  the  Commonwealth  shall, 
six  days  at  least  previous  to  the  day  of  any  election  of  SommonV^luh^ 
state  officers,  transmit  to  the  registrars  of  voters  in  each  toiransmitto 

.  I'l  IT-  •  Till  •  ^    I'es^istiars  of 

city  and  town  in  which  such  election  is  to  be  held,  printed  voters  printed 
lists  containing  the  names,  residences,  and  party  or  politi-  eTc.^o/c'audl- 
cal  appellations  of  all  candidates  nominated  as  herein  pro-  ''''"^*" 
vided  for  such  election  and  to  be  voted  for  at  each  polling 
place  in  each  such  city  and  town  respectively,  substan- 
tially  in   the    form  of  the  general  ballot  to  he  so  used 
therein  ;    and   the  registrars  of  voters  shall  immediately 
cause  the  lists  for  each  town  or  voting  precinct,  as  the 
case  may  be,  to  be  conspicuously  posted  in  one  or  more 
public  places  in  such  town  or  voting  precinct.     The  sec-  List  of  nomina. 
retary  of  the  Commonwealth  shall  likewise  cause  to  be  \\°hQd°inne\ve.' 
published  prior  to  the   day  of  any  such  election,  in  at  iemhiVcTrttin 
least   two    newspapers,  if  there  be  so  many,    published  political  parties 
in  each  county,  representing,  so  far  as  practicable,  the 
political  parties  which,  at  the  preceding  election,  cast  the 
largest  and  next  largest  number  of  votes,  a  list  of  all  the 
nominations  made  as  herein  provided  and  to  be  voted  for 
in  such  county,  so  far  as  may  be,  in  the  form  in  which 
they  shall  appear  upon  the  general  ballots. 

Section  15.     The    city  clerk  of  each  city  shall   four  city  cieric  to 
days  at  least  prior  to  the  day  of  any  city  election  therein,  orcauciidates,* 


496 


1888.  —  Chapter  436. 


List  of  nomina- 
tions to  be  pub- 
lished, etc. 


cause  to  be  conspicuously  posted  in  one  or  more  public 
places  in  each  voting  precinct  of  such  city  a  printed  list 
containing  the  names,  residences,  and  party  or  jjolitical 
appellations  of  all  candidates  nominated,  as  herein  pro- 
vided, and  to  be  voted  for  in  such  precinct,  substantially 
in  the  form  of  the  general  ballot  to  be  so  used  therein  ; 
and  he  shall  likewise  cause  to  be  published,  prior  to  the 
day  of  such  election,  in  at  least  two  newspapers,  if  there 
be  so  many,  published  in  such  city,  representing  the 
political  parties  which  cast  at  the  preceding  election  the 
largest  and  next  largest  number  of  votes,  a  list  of  all 
the  nominations  made,  as  herein  provided,  and  to  be 
voted  for  in  such  city,  so  far  as  may  be,  in  the  form  in 
which  they  shall  appear  upon  the  general  ballots. 


Two  gets  of 
general  aud 
special  ballots, 
with  cards  of 
Instruction,  to 
be  furnished  to 
city  and  town 
clerks. 


To  he  sent  in 
sealed  packages. 


Record  to  be 
kept. 


Ballots  and 
cards  of  instruc- 
tion printed  by 
city  clerks. 


City  and  town 
clerks  to  send 
to  officers  of 


DELIVERY    or    BALLOTS    TO    CITIES    AND    TOWNS. 

Section  Ifi.  The  secretary  of  the  Commonwealth 
shall  send,  separately  and  at  different  times  or  by  differ- 
ent methods,  the  two  sets  of  general  and  special  ballots, 
together  with  the  specimen  ballots  and  cards  of  instruc- 
tion printed  by  him,  as  herein  provided,  to  the  several 
city  and  town  clerks,  so  as  to  be  received  by  them,  one 
set  forty-eight  hours  at  least  previous  to  the  day  of  elec- 
tion, and  the  other  set  twenty-four  hours  at  least  previous 
thereto.  The  same  shall  be  sent  in  sealed  packages,  with 
marks  on  the  outside  clearly  designating  the  polling  place 
for  which  they  are  intended  and  the  number  of  ballots  of 
each  kind  enclosed ;  and  the  respective  city  and  town 
clerks  shall  on  delivery  to  them  of  such  packages  return 
receipts  therefor  to  the  secretary.  The  secretary  shall 
keep  a  record  of  the  time  when,  and  the  manner  in  which 
the  several  packages  are  sent,  and  shall  preserve  for  the 
period  of  one  year  the  receipts  of  the  city  and  town 
clerks. 

Section  17.  The  two  sets  of  ballots  together  with  the 
specimen  ballots  and  cards  of  instruction  printed  by  the 
city  clerks,  as  herein  provided,  shall  be  packed  by  them 
in  separate  sealed  packages,  with  marks  on  the  outside 
clearly  designating  the  polling  precincts  for  which  the} 
are  intended,  and  the  number  of  ballots  of  each  kind  en 
closed. 

Section  18.  The  several  city  and  town  clerks  shall 
send  to  the  election  officers  of  each  voting  place  before 


1888.  — Chapter  436.  497 

the  opening  of  the  polls  on  the  day  of  election  one  set  of  pfacVbefofe 
the  ballots  so  prepared,  sealed  and  marked  for  such  vot-  "{^^'^"t^of^  ^**"* 
inoj  place,  and  a  receipt  of  such  delivery  shall  be  returned  baiiots  prepared 
to   them    from   the    presiding   or  senior   election    officer 
present,  which  receipt,  with  a  record  of  the  number  of 
ballots  sent,  shall  be  kept  in  the  clerks'  office.     At  the  seaistobe 
opening  of  the  polls  in  each  polling  place  the  seals  of  the  faopemng'of  ^° 
packages  shall  be  publicly  broken,  and  the  packages  shall  ^'""''' 
be  opened  by  the  presiding  election  officer,  and  the  books 
or  blocks  of  ballots  shall  be  delivered  to  the  ballot  officers 
hereinafter  provided  for.     The  cards  of  instruction  shall  fo^gaiTcard'sof 
be  immediately  posted  at  or  in  each  votino;  shelf  or  com-  instruction  to  be 
partment    provided    in  accordance  with   this  act  for  the 
marking  of  the  ballots,  and  not  less  than  three  such  cards 
and  not  less  than  live  specimen  ballots  shall   be  immedi- 
ately posted  in  or  about  the  polling  room,   outside  the 
guard  rails.     The  second  set  of  ballots  shall  be  retained  bauotfto^bf 
by   the   respective   clerks   until  they  are    called   for   or  retained  by 
needed  for  the  purposes  of  voting,  and,  upon  the  requisi-  caiiedior. 
tion  in  writing  of  the  presiding  election  officer  of  any 
voting  place,  the  second  set  of  ballots  shall  be  furnished 
to  such  voting  place  in  the  manner  above   provided  as  to 
the  first  set. 

Sectiox  19.     In  case  the  ballots  to   be  furnished  to  uponfaiinreof 
any  city  or  town  or  voting  place  therein,  in  accordance  blilotBUbe^' 
with  the  provisions  of  this  act,  shall   fail  for  any  reason  I'umil.he'd!"''^ 
to  be  duly  delivered,  or  in  case  after  delivery  they  shall 
be  destroyed  or  stolen,  it  shall  be  the  duty  of  the  clerk 
of  such  city  or  town  to  cause  other  ballots  to  be  prepared 
substantially  in  the  form  of  the  ballots  so  wanting  and  to 
be  furnished  ;  and  upon  receipt  of  such  other  ballots  from 
him,    accompanied   by  a  statement  under  oath  that  the 
same  have  been   so  prepared  and  furnished  by  him,  and 
that  the  original  ballots  have  so  failed  to  be  received  or 
have    been    so  destroyed  or  stolen,    the  election  officers 
shall  cause  the  ballots  so  substituted  to  be  used  in  lieu  of 
the  ballots  wanting,  as  above. 

ADDITIONAL    ELECTIOX    OFFICERS. 

Section  20.     Two    inspectors,    with   two    deputy   in-  Additional 
spectors,  additional  to  those  now  provided  for,  shall  be  a'pp(Mu\'^dV ''^ 
appointed  in  each  voting  precinct  in  cities  and  in  towns 
divided  into  voting  precincts;,  and  the  provisions  of  law 


498 


1888.  — Chapter  436. 


relative  to  inspectors  and  deputy  inspectors  shall  be  ap- 
Baiiot  cierkB.  plicablc  to  sucli  additional  officers.  Two  of  the  inspectors 
acting  in  each  voting  precinct  shall  be  detailed  to  act  as 
ballot  clerks.  In  towns  not  divided  into  voting  precincts, 
two  inspectors,  with  deputy  inspectors,  shall  be  api)ointed, 
in  accordance  with  the  provisions  of  law  applicable  to 
such  officers  in  towns  so  divided,  and  the  two  inspectors 
thus  serving  shall  act  as  ballot  clerks.  The  two  ballot 
clerks  detailed  and  appointed  as  above  in  each  voting 
precinct  and  town  shall  have  the  charge  of  the  ballots 
therein,  and  shall  furnish  them  to  the  voters  in  the  man- 
Dupiicate  ucr  hereinafter  set  forth,     A  duplicate  list  of  the  qualified 

check-list  to  be  ,  •  i  •,  ^  i.  j.      ^•     •  -i      t     •    2. 

prepared  for  bai-  votcrs  lu  cacli  preciuct  and  eacli  town  not  divided  into 

lot  clerks.  precincts  shall  be  prepared  for  the  use  of  the  ballot  clerks, 

and  all  the  provisions  of  law  relative  to  the  preparation, 

furnishing  and  preservation  of  check-lists  shall  apply  to 

such  duplicate  lists. 


Voting  shelves 
or  compart- 
iDentB  10  be 
provided. 


Not  to  be  less 
than  one  for 
every  seventy- 
five  voters. 


Admission 
within  the  rail. 


VOTING  SHELVES  OR  COMPARTMENTS. 

Section  21.  The  officers  in  each  city  or  town  whose 
duty  it  is  to  designate  and  appoint  polling  places  therein 
shall  cause  the  same  to  be  suitably  provided  with  a  suffi- 
cient number  of  voting  shelves  or  compartments,  at  or  in 
which  voters  may  conveniently  mark  their  ballots,  so  that 
in  the  marking  thereof  they  may  be  screened  from  the 
observation  of  others,  and  a  guard  rail  shall  be  so  con- 
structed and  placed  that  only  such  persons  as  are  inside 
said  rail  can  approach  within  six  feet  of  the  ballot-boxes 
and  of  such  voting  shelves  or  compartments.  The  ar- 
rano-ement  shall  be  such  that  neither  the  ballot-boxes  nor 
the  voting  shelves  or  compartments  shall  be  hidden  from 
view  of  those  just  outside  the  said  guard  rail.  The  num- 
ber of  such  voting  shelves  or  compartments  shall  not  be 
less  than  one  for  every  seventy-five  voters  qualified  to 
vote  at  such  polling  place,  and  not  less  than  three  in  any 
town  or  precinct  thereof,  and  not  less  than  ten  in  any 
voting  precinct  of  a  city.  No  persons  other  than  the 
election  officers  and  voters  admitted  as  hereinafter  pro- 
vided, shall  be  permitted  within  said  rail,  except  by 
authority  of  the  election  officers  for  the  purpose  of  keep- 
ing order  and  enforcing  the  law.  Each  voting  shelf  or 
compartment  shall  be  kept  provided  with  proper  supplies 
and  conveniences  for  marking  the  ballots. 


1888.  —  Chapter  436.  499 


PREPARATION    OF    BALLOTS. 

Section  22.  Any  person  desiring  to  vote  shall  give  Manner  of  re- 
his  name,  and,  if  requested  so  to  do,  his  residence,  to  one  '^"^'"^ 
of  tlie  ballot  clerks,  who  shall  thereupon  announce  the 
same  in  a  loud  and  distinct  tone  of  voice,  clear  and  audi- 
ble, and  if  such  name  is  found  upon  the  check-list  by  the 
ballot  officer  having  charge  thereof,  he  shall  likewise 
repeat  the  said  name,  and  the  voter  shall  be  allowed  to 
enter  the  space  enclosed  by  the  guard  rail  as  above  pro- 
vided. The  ballot  clerk  shall  give  him  one,  and  only  one, 
ballot,  and  his  name  shall  be  immediately  checked  on  said 
list.  If  the  voter  is  a  woman,  she  shall  receive  a  special 
ballot  containing  the  names  of  candidates  for  school  com- 
mittee only.     Besides  the  election  officers,  not  more  than  Number  of 

<•  ,•  /•j^i  1  /"i'li  voters  allowed 

lour  voters  in  excess  ot  the  number  or  votmg  shelves  or  within  the  guard 
compartments  provided  shall  be  allowed  in  said  enclosed  ''^*'" 
space  at  one  time. 

Section  23.  On  receipt  of  his  ballot  the  voter  shall  ^a[iPt.'''''^'°"  °^ 
forthwith,  and  without  leaving  the  enclosed  space,  retire 
alone  to  one  of  the  voting  >?helves  or  compartments  so 
provided  and  shall  prepare  his  ballot  by  marking  in  the 
appropriate  margin  or  place,  a  cross  [x]  opposite  the 
name  of  the  candidate  of  his  choice  for  each  office  to  be 
filled,  or  by  filling  in  the  name  of  the  candidate  of  his 
choice  in  the  blank  space  provided  therefor,  and  marking 
a  cross  [  x  ]  opposite  thereto  ;  and,  in  case  of  a  question 
submitted  to  the  vote  o*f  the  people,  by  marking  in  the 
appropriate  margin  or  place,  a  cross  [  X  ]  against  the  an- 
swer which  he  desires  to  give.  Before  leavino-  the  votino; 
shelf  or  compartment  the  voter  shall  fold  his  ballot,  without 
displaying  the  marks  thereon,  in  the  same  way  it  was 
folded  when  received  by  him,  and  he  shall  keep  the  same 
so  folded  until  he  has  voted.  He  shall  vote  in  the  manner  Manner  of 
now  provided  by  law  before  leaving  the  enclosed  space,  bauot!''"* 
and  shall  deposit  his  ballot  in  the  box  with  the  official 
endorsement  uppermost.  He  shall  mark  and  deposit  his 
ballot  without  undue  delay  and  shall  quit  said  enclosed 
space  as  soon  as  he  has  voted.  No  such  voter  shall  be  Time  aiiowcd 
allowed  to  occupy  a  voting  shelf  or  compartment  already  '""bid  the  rati. 
occupied  by  another,  nor  to  remain  within  said  enclosed 
space  more  than  ten  minutes,  nor  to  occupy  a  voting 
shelf  or  compartment  for  more  than  five  minutes  in  case 
all  of  such  shelves  or  compartments  are  in  use,  and  other 


500 


1888.  —  Chapter  43G. 


Presiding  elec- 
tion oflicer  to 
secure  obser- 
vance of  pro- 
visions. 

Ballot  not  to  be 
removed  before 
close  of  polls. 
If  ballots  are 
spoiled  others 
to  be  furnished. 


Voter  who  is 
blind,  etc.,  can 
receive  as- 
sistance in 
marking  ballot. 


When  ballots 
shall  not  be 
counted. 


Ballots  not 
counted  to  be 
marked  "  defec- 
tive "  and  be 
preserved. 


Toters  are  waiting  to  occupy  the  same.  No  voter  not  an 
election  officer  whose  name  has  been  checked  on  the  list 
of  the  ballot  officers,  shall  be  allowed  to  re-enter  said 
enclo.sed  space  during  said  election.  It  shall  be  the  duty 
of  the  presiding  election  officer  for  the  time  being  to  se- 
cure the  observance  of  the  provisions  of  this  section. 

Section  24.  No  person  shall  take  or  remove  any  bal- 
lot from  the  polling  place  before  the  close  of  the  polls. 
If  any  voter  spoils  a  ballot  he  may  successively  ol)tain 
others  one  at  a  time,  not  exceeding  three  in  all,  upon 
returning  each  spoiled  one.  The  ballots  thus  returned 
shall  be  immediately  cancelled,  and  together  with  those 
not  distributed  to  the  voters,  shall  be  preserved  and  with 
the  check-list  used  l>y  the  ballot  clerks,  which  shall  be 
certified  by  them  to  be  such,  shall  be  secured  in  an  envel- 
ope, sealed,  and  sent  to  the  several  city  and  town  clerks, 
as  required  by  law  in  the  case  of  the  ballots  cast,  and  the 
other  check-list  used. 

Section  25.  Any  voter  who  declares  to  the  presiding 
election  officer  that  he  was  a  voter  prior  to  the  first  day 
of  May  in  the  year  eighteen  hundred  and  fifty-seven,  and 
cannot  read,  or  that  by  blindness  or  other  physical  dis- 
ability he  is  unable  to  mark  his  ballot,  shall,  upon  request, 
receive  the  assistance  of  one  or  two  of  the  election  officers 
in  the  marking  thereof,  and  such  officer  or  officers  shall 
certify  on  the  outside  thereof  that  it  was  so  marked  with 
his  or  their  assistance,  and  shall  thereafter  give  no  infor- 
mation regarding  the  same.  The  presiding  officer  may  in 
his  discretion  require  such  declaration  of  disability  to  be 
made  by  the  voter  under  oath  before  him,  and  he  is  here- 
by qualified  to  administer  the  same. 

Section  26.  If  a  voter  marks  more  names  than  there 
are  persons  to  be  elected  to  an  office,  or  if  for  any  reason 
it  is  impossible  to  determine  the  voter's  choice  for  any 
office  to  be  filled,  his  ballot  shall  not  be  counted  for  such 
office.  No  ballot  without  the  official  endorsement  shall, 
except  as  herein  otherwise  provided,  be  allowed  to  be 
deposited  in  the  ballot-l^ox,  and  none  but  ballots  provided 
in  accordance  with  the  provisions  of  this  act  shall  be 
counted.  Ballots  not  counted  shall  be  marked  "defec- 
tive "  on  the  back  thereof,  and  shall  be  preserved. 


1888.  — Chapteu  436.  501 


PENALTIES. 

Section    27.      A    voter   who    shall,  except   as   herein  Penally  ^p"",, 

,  •  -11  11  1  •        1      11  ;        1  1  allowing  ballot 

otherwise  provided,  allow  his   ballot  to  be  seen  by  any  to  be  seen,  etc., 
person  with  an  apparent  intention  of  letting  it  be  known  To  in"eiTre"vith 
how  he  is  about  to  vote,  or  who  shall  make  a  false  state-  hi's^baUoCeto^ 
ment  as  to  his  inability  to  mark  his  ballot,  or  any  person 
who  shall  interfere,  or  attempt  to  interfere  with  any  voter 
when  inside  said  enclosed  space  or  when  marking  his  bal- 
lot, or  who  shall  endeavor  to  induce  any  voter  before  vot- 
ing to  show  how  he  marks  or  has  marked  his  ballot,  shall 
be  punished  by  tine  of  not  less  than  live  dollars  nor  more 
than   one   hundred   dollars ;    and   election    officers   shall 
report  any  person  so  doing  to  the  police  officer  in  charge 
of  the  polls,  whose  duty  it  shall  be  to  see  that  the  offe:ider 
is  duly  brought  before  the  proper  court. 

Section  28.     Any  person  who  shall,  prior  to  an  elec-  V^P^l'yfof    , 

*/     1  ■'I  cieiiiciDfiT  list  or 

tion,  wilfully  deface    or   destroy  any  list   of  candidates  candidates,  etc., 

posted  in  accordance  with  the  provisions  of  this  act,  or  hiudering^the 

who,  during  an  election,  shall  wilfully  deface,  tear  down,  noting  of  others. 

remove  or  destroy  any  card   of  instruction  or  specimen 

ballot  printed  or  posted  for  the  instruction  of  voters,  or 

who  shall  during  an  election  wilfully  remove  or  destroy 

any  of  the  supplies  or  conveniences  furnished  to  enal)le  a 

voter  to  prepare  his  ballot,  or  shall  wilfully  hinder  the 

voting   of  others,   shall  be  punished  by  fine  of  not   less 

than  hve  dollars  nor  more  than  one  hundred  dollars. 

Section  29.     Any  person  who  shall  falsely  make  or  Penalty  for 

•li?    11  1     i»  1       ^  •/!       i  /•  •        ,•  defacing  certifi- 

wiliully  deface  or  destroy  any  certiricate  or  nomination  cate of  nomiua- 
or  nomination  paper,  or  any  part  thereof  or  any  letter  of  ^'°"'''*'^' 
withdrawal ;  or  file  any  certificate  of  nomination  or  nomi- 
nation paper  or  letter  of  withdrawal,  knowing  the  same 
or  any  part  thereof  to  be  falsely  made ;  or  suppress  any 
certificate  of  nomination  or  nomination  paper,  or  any  part 
thereof  which  has  been  duly  filed  ;  or  forge  or  falsely 
make  the  official  endorsement  on  any  ballot ;  or  wilfully 
destroy  or  deface  any  ballot,  or  wilfully  delay  the  delivery 
of  any  ballots,  shall  be  punished  by  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  jail  not 
more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

Section  30.  Any  public  officer  upon  whom  a  duty  is  I'enaity  on 
imposed  by  this  act,  who  shall  wilfully  neglect  to  perform  Lglect."' 
such  duty,  or  who  shall  wilfully  perform  it  in  such  a  way 


502 


1888.  — Chapter  437. 


as  to  hinder  the  objects  of  this  act,  shall  be  punished  by 
fine  of  not  less  than  live  nor  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  jail  for  not  more  than  one 
year,  or  by  both  such  line  and  imprisonment. 

Ajyproved  May  29,  1888. 


OhapA'SI 


Xew  division  of 
wards  in  cities. 


Division  into 
voting  pre- 
cincts. 


List  of  voters 
to  be  fuiuished 
to  citj-  council, 
etc.,  by  regis- 
trars of  voters. 


At  election  of 
national,  etc., 
cfliceis  in  year 


An  Act  to  provide  for  a  new  division  of  wards  in  cities. 
Be  it  enacted,  etc.,  as  folloius : 

Section  1.  A  city  may,  in  the  year  eighteen  hundred 
and  ninety-five,  and  in  every  tenth  year  thereafter,  before 
the  first  da}'  of  May  in  such  year,  by  vote  of  its  city 
council,  malvc  a  new  division  of  its  territory  into  such 
number  of  wards  as  may  be  allowed  by  its  charter ;  and 
the  boundaries  of  such  wards  shall  be  so  arranged  that  the 
wards  shall  contain,  as  nenrly  as  can  be  ascertained,  and 
as  nearly  as  may  be  consistent  with  well-defined  limits  to 
each  ward,  equal  numbers  of  legal  voters. 

Section  2.  The  board  of  aldermen  of  any  city,  whose 
territory  has  thus  been  divided  into  new  wards,  shall, 
prior  to  the  first  Monday  of  July  in  the  year  in  which 
such  new  division  has  been  made,  divide  such  city  into 
voting  precincts  in  the  manner  prescribed  by  and  in 
accordance  with  the  provisions  of  sections  three  and  four 
of  chapter  two  hundred  and  ninety-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-four. 

Section  3.  For  the  purpose  of  furnishing  to  the  city 
council  and  board  of  aldermen  the  information  necessary 
to  make  a  new  division  into  wards  and  voting  precincts, 
in  accordance  with  the  preceding  sections,  the  registrars 
of  voters  in  each  city  shall,  immediately  after  the  munici- 
pal election  in  the  year  eighteen  hundred  and  ninety-four, 
and  in  each  tenth  year  thereafter,  prepare,  and,  prior  to 
the  tenth  day  of  February  next  ensuing,  deliver  to  the 
city  clerk  of  such  city,  a  list  of  all  the  male  voters  therein 
who  were  registered  for  such  municipal  election,  which 
list  shall  be  so  made  and  arrang^ed  as  to  show  the  numbers 
of  such  registered  voters  who  reside  in  each  lot  or  block 
surrounded  by  streets  within  the  limits  of  such  city,  and 
in  any  other  subdivisions  of  the  city  whicli  the  city  coun- 
cil or  hoard  of  aldermen  may  prior  to  the  first  day  of  Feb- 
ruary designate. 

Section  4.  For  the  purpose  of  the  annual  meeting 
for   the   election  of  national,  state,  district  and  county 


1888.  —  Chapter  437.  ^03 

officers  in  the  year  of  any  such  new  division  or  for  the  of  now  division, 
purpose  of  any  election  held  prior  to  the  annual  meeting  uon  tho^suc^" 
in  the  next  succeeding  year  for  filling  a  vacancy  among.  fluTnl" vacancj!"^ 
such  officers,  and  for  the  purpose  of  anv  election  Avhich  etc.,  oid  wards 

'       .  i       .  1 .  ,  "  and  preciiicts  to 

may  be  held  prior  to  the  municipal  election  next  succeed-  continue. 
ing  such  new  division,  for  the  filling  of  a  vacancy  among 
officers  elected   at  the  previous  municipal   election,   the 
wards  and  voting  precincts  as  existing  previous  to  such 
new  division  shall  continue,  and  for  such  purposes  election 
officers  shall  be  appointed  and  hold  office,  and  assessment 
and  voting  lists  shall  be  prepared  for  each  such  voting 
precinct,  and  all  other  things  required  by  law  shall  be 
done,  as  if  no  such  division  had  been  made.     Election  Election  officers 
officers  shall,  notwithstanding,  be  appointed  according  to  I°d"p^i^ckict8\o 
law  for  the  new  wards  and  voting  precincts,  who  shall  i^e  appointed. 
serve  at  the  municipal  election  in  the  year  of  such  new 
division  and  likewise  in  all  respects  other  than  as  above 
provided.     Such  new  division  shall  take  effect  when  so 
established  in  accordance  with  the  preceding  sections  of 
this  act. 

Section  5.     The  board  of  aldermen  of  a  city  may  in  Division  into 
any  year  divide  any  ward  in  such  city  into  voting  pre-  ^'o""si"'^o">cts. 
cincts  in  the  manner  prescribed  by  and  in  accordance  with 
the  provisions  of  sections  three  and  four  of  chapter  two 
hundred  and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  and  for  such  purpose  the  board  ^'i|f""tut™f^ 
of  aldermen  may  require  the  registrars  of  voters  to  fur-  voters  to  be 
nish  it  w^ith  a  list  of  the  voters  of  any  ward  in  such  city  registrars. 
as  required  by  section  three  of  this  act  and  with  such 
other  information  as  it  may  deem  necessary. 

Section  6.  Sections  fourteen,  fifteen  and  sixteen  of  Repeal, 
chapter  twenty-eight  of  the  Public  Statutes,  section  one 
of  chapter  two  hundred  and  forty-three  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-eight,  chapter  one 
hundred  and  twenty-five  and  section  nine  of  chapter  one 
hundred  and  eighty-one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  chapter  one  hundred  and  fifty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
five,  and  all  other  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

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

Ajyproved  May  29,  1888. 


50i  1888.  —  Chapter  438. 


ChCtpASS  ^^  ^^"^  ^^^  THE  RELIEF,  IN  CASES  OF  NECESSITY,  OF  PERSONS 
WHO  SERVED  IN  THE  ARMY  OR  NAVY  OF  THE  UNITED  STATES, 
DURING   THE   REBELLION,    AND   THEIR   DEPENDENT   FAMILIES. 

Be  it  enacted,  etc.,  asfolloivs: 
Soldier  or  Section  1.     Whenever  ti   person  who    served    in    the 

(iailor  in  war  or  /•       i  tt     •        i      n  •  i  <•       i 

the  rebellion,  amiy  or  Havj  oi  the  United  States  in  the  war  ot  the 
cha°aed  and'^  rebellion,  and  received  an  honorable  discharge  therefrom, 
B^uiementi^Jiiaii  ^^d  who  lias  a  legal  settlement  in  a  city  or  town  in  this 
etr'under^'**"^''  CommoHwealth,  becomes  from  any  cause,  except  his  own 
direction  of  ^^  Criminal  or  wilful  misconduct,  poor,  and  entirely,  or  in 
poor.  part,  unable  to  provide  maintenance  for  himself  and  depen- 

dent family,  or  whenever  such  a  person  has  died  and  left 
a  widow  or  minor  children  without  proper  means  of  sup- 
port, such  person  or  his  widow  and  his  minor  children 
Widows  and      shall  bc  supportcd,  wdiolly  or  in  part,  as  may  be  necessary, 

minor  children.    ^^  ^j^^  ^-^^^  ^^.  ^^^^^  j^^  ^j^j^j^    j^^    ^^.   ^j^^^  j^^^,^  .^  j^^.^^j  ^^^_ 

tlement,  and  at  his  or  their  own  homes,  or  at  such  other 
place  in  the  Commonwealth,  other  than  an  almshouse,  as 
the  overseers  of  the  poor  of  such  city  or  town  may  deem 
right  and  proper. 
Soldier  or  sailor       Section  2.     Whenever   a    person   wdio  served    in  the 

honorably  dis-  ,  .         i     .  .  , 

charged  .and       army  or   navy  ot   the   United    States  in  the  war  or  the 

settlement,  but    rebellion  to  the  credit  of  this  Commonwealth  or  of  any 

threeTear",\o°'^  city  or  towH  thd'cof,  aiid  received  an  honorable  discharge 

receive  support.  fj-Qm  sucli  scrvicc,  but  who  lias  no  legal  settlement  in  any 

city  or  town  of  the  Commonwealth,  becomes  from  any 

cause,  except  his  own  criminal  or  wilful  misconduct,  poor, 

and  entirely,  or  in  part,  unable  to  provide  maintenance 

for  himself  and  dependent  family,  or  whenever  such  a  per- 

widowB  and       SOU  has  died  and  left  a  widow  or  minor  children  without 

minor  children.     „  n  ,  \  ^  •  •  i  I 

pro[)er  means  ot  support,  such  person  or  Ins  widow  and 
his  minor  children  shall  be  supported,  wdiolly  or  in  part, 
as  may  be  necessary,  by  the  city  or  town  in  which  he  or 
they  are  then  resident,  provided  such  residence  has  con- 
tinued for  a  period  of  three  years  ;  and  such  support  shall 
be  rendered  at  his  or  their  own  homes  or  at  such  other 
place  in  the  Commonwealth,  other  than  an  almshouse,  as 
the  overseers  of  the  poor  of  such  city  or  town  may  deem 
Town  to  be  right  aiid  proper;  and  such  city  or  town  shall  be  entitled 
the™iate**'  ^  to  rcccivc  from  the  treasury  of  the  Commonwealth  all  nec- 
essary sums  which  have  been  actuall}^  expended  for  such 
support  and  which  shall  be  certified  under  oath  to  the 
state  board  of  lunacy  and  charity  by  the  overseers  of  the 


1888.  — Chapter  439.  505 

poor  of  any  such  city  or  town  within  the  first  ten  days  of 
the  month  next  following  that  in  which  the  expenditure  is 
incurred. 

Section   3.     Cities  and  towns   may  raise  and  appro-  ciuee  and  towns 

_  -  „  ''  .  J.  J.1  •      may  appropriate 

priate  money  for  the  purpose  oi  carrymg  out  the  provi- money  for  the 

,.  ,  1  .  ,  purpose. 

sions  or  this  act. 

Section  4.     The  state   board   of  lunacy  and    charity  ^^I'^^^l^f^^^^ 
shall  examine  and  audit  all  claims  of  cities  and  towns  for  -ludued  by 

.  ^  board  of  lunacy 

reimbursement  for  payments  made  under  section  two  oi  and  charity. 
this  act.     Only  such  sums  shall  be  allowed  and  paid  from 
the  treasury  as  the  said  board  shall  in  each  case  determine 
and  certify  to  be  just  and  proper  in  accordance  with  the 
requirements  of  section  two. 

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

Ai^promd  May  29,  18S8. 

Ax  Act  to  kevise  the  charter  of  the  city  of  lawrexce.     QJiapASQ 
Be  it  enacted,  etc. ,  as  follows  : 

Section  1 .  The  city  of  Lawrence  shall  continue  to  be  charter  revised. 
a  body  politic  and  corporate  under  the  name  of  the  city 
of  Lawrence,  and  as  such  shall  have,  exercise  and  enjoy 
all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties  and  obligations  now  in- 
cumlient  upon  and  pertaining  to  the  said  city  as  a  muni- 
cipal corporation. 

Section  2.     The  administration  of  all  fiscal,  prudential  ftc.?lested"ra 
and  municipal  aflairs  of  the  city,  with  the    government  ™'»yo':,'^°/ ?"^. 

/.,*,,  ,.  .•iiT>  1        council  of  eight- 

thereof,  shall  be  vested   in  one  municipal  ofncer,  to  be  een  members. 
styled  the  mayor,  and  in  one  council  of  eighteen  mem- 
bers, to  be  styled  the  city  council,  the  members  whereof 
shall  be  styled  councilmen.     The  mayor  shall  be  elected  ^^y^^°^°^ 
annually  by  the  qualified  voters  of  the  city  at  large,  and 
shall  hold  office  for  the  municipal  year  beginning  with  the 
first  Monday  in  January  following  his  election,  and  until 
his  successor  is  elected  and  qualified.     At  the  first  mu-  Election  and 
nicipal  election  under  this  act  three  councilmen  shall  be  o7counci°imen. 
elected  by  and  from  the  qualified  voters   of  the  city  at 
large,  for  a  term  of  two  years,  and  three  for  a  term  of 
one  year,  beginning  with  the    first   ^Monday  in  January 
following ;  and  thereafter  at  each  municipal  election  three 
councilmen  shall    be    elected  by  and    from  the    qualified 
voters  of  the  city  at  large  for  a  term  of  two  years,  begin- 
ning with  the  first  Monday  in    January  following   their 
election.     At  the  first  municipal  election  under  this  act 


506 


1888.  —  Chapter  439. 


Terms  of  office 
of  couiicilmen  if 
there  is  a  new 
division  of 
wards. 


Quorum. 

Members  of  city 
council  to  re- 
ceive no  com- 
pensation. 

Wards  to  re- 
main until  new 
division. 


Annual  election 
for  choice  of 
officers. 


Meetings  of 
citizens  for 
municipal  pur- 
poses to  be 
called  by  war- 
rants. 


General  meet- 
ings of  citizens. 


Meetings  for 
election  of 
national,  state, 
etc.,  officers. 


there  shall  be  elected  by  and  from  the  qualified  voters  oi 
each  ward,  one  councilman  to  hold  office  for  a  term  of 
two  years  and  one  councilman  for  a  term  of  one  year, 
beginning  with  the  first  ISlonday  in  Januarj*^  following ; 
and  thereafter  at  each  municipal  election  there  shall  be 
elected  by  and  from  the  qualified  voters  of  each  ward, 
one  councilman  for  a  term  of  two  years  beginning  with 
the  first  ]\Iondav  in  January  followins^  their  election.  If, 
however,  in  any  year  there  shall  be  a  new  division  of  said 
city  into  wards,  the  terms  of  office  of  all  the  councilmen 
elected  by  wards  shall  expire  at  the  end  of  the  municipal 
year  in  which  such  division  is  made  ;  and  at  the  mu- 
nicipal election  occurring  in  such  year,  there  shall  be 
elected  by  and  from  the  qualified  voters  of  each  ward,  one 
councilman  to  hold  office  for  the  term  of  two  years  and 
one  for  the  term  of  one  year,  beginning  with  the  first 
Monday  in  January  following ;  and  thereafter  one  coun- 
cilman shall  be  elected  by  and  from  the  qualified  voters  in 
each  ward,  to  hold  office  for  the  term  of  two  years,  Ijegin- 
ning  with  the  first  Monda}^  in  January  following  his  elec- 
tion. A  majority  of  the  city  council  shall  constitute  a 
quorum  for  the  transaction  of  business.  No  member  of  the 
city  council  shall  receive  any  compensation  for  his  services. 

Section  3.  The  six  wards  of  the  city  as  at  present 
constituted  shall  remain  the  wards  of  said  city  until  a  new 
division  is  made  in  accordance  Avith  the  provisions  of  law. 

Section  4.  The  annual  election  for  the  choice  of  mu- 
nicipal officers  shall  be  held  on  the  Tuesdaj^  next  after  the 
first  Monday  of  December  in  each  year,  and  the  municipal 
year  shall  begin  on  the  first  Monday  of  January  following. 
All  meetings  of  citizens  for  municipal  purposes,  to  be 
held  either  in  wards  or  in  general  meetings,  shall  be  called 
by  warrants  issued  by  order  of  the  city  council,  which 
shall  be  in  such  form,  and  be  served,  executed  and 
returned  in  such  manner  and  at  such  times,  as  the  city 
council  may  by  ordinance  direct. 

Section  5.  General  meetings  of  the  citizens  qualified 
to  vote  may,  from  time  to  time,  be  held,  according  to  the 
right  secured  to  the  people  by  the  constitution  of  this 
Commonwealth.  Such  meetings  may,  and,  upon  the  re- 
quest in  writing  of  fifty  qualified  voters  setting  forth  the 
purposes  thereof,  shall   be  duly  warned  by  the  maj'or. 

Section  6.  All  meetings  for  the  election  of  national, 
state,  county  and  district  officers  shall  be  called  by  the 


1888.  — Chapter  439.  607 

city  council  in  the  same  manner  as  meetings  for  municipal 
elections  are  called. 

Section  7.     The  mayor  elect  and  the  councilmen  elect  organization  of 

111  11  !•  -uri  -T  the  government. 

shall,  annually,  on  the  hrst  Monday  in  January,  at  ten 
o'clock  in  the  forenoon,  meet  and  be  sworn  to  the  faithful 
discharge  of  their  duties.  The  oath  shall  be  administered 
by  the  city  clerk,  or,  in  case  of  his  absence,  by  any  jus- 
tice of  the  peace,  and  shall  be  duly  certilied  on  the  jour- 
nal of  the  city  council.  In  case  of  the  absence  of  the 
mayor  elect  on  the  first  Monday  in  January,  or  if  a  mayor 
shall  not  then  have  been  elected,  the  oath  of  office  may  at 
any  time  thereafter  be  administered  to  him  in  the  presence 
of  the  council ;  and  at  any  time  thereafter  in  like  manner 
the  oath  of  ofiice  may  be  administered  to  any  member  of 
the  council  who  has  been  previously  absent,  or  has  been 
sub.sP(]uently  elected ;  and  every  such  oath  shall  be  duly 
certified  as  aforesaid. 

Section  8.     If  it  shall  appear  that  no  mayor  has  been  if  no  election  or 
elected  previous  to  the  said  first  ^londay  in  January,  or  if  etc°"of'*mayor, 
the  person  elected  mayor  shall  refuse  to  accept  the  ofiice,  occm^s^mo^re 
or  shall  die  before  qualifyino-   or  if  a  vacancy  in  said  ofiice  '^-'"I'^T* 

,  "^  ,  1  1  months  before 

shall  occur  subsequently  and  more  than  three  months  pre-  expiration  of 
vious  to  the  expiration  of  the  municipal  year,  the  city  to^ be  iTs^uerfor 
council  shall  forthwith  cause  warrants  to  be  issued  for  a  °®^  election. 
new  election,  and  the  same  proceedings  shall  be  had  in 
all  respects  as  are  hereinbefore  provided  for  the  election 
of  mayor,  and  shall  be  repeated  until  the   election  of  a 
mayor  is  completed.     If  the  full  number  of  members  of  gif" council" 
the  city  council  has  not  been  elected,  or  if  a  vacancy  in 
the  ofiice  of  councilman  shall  occur  subsequently  and  more 
than  three  months  previous  to  the  expiration  of  the  mu- 
nicipal year,  the  council  shall  forthwith  cause  a  new  elec- 
tion to  be  held  to  fill  the  vacancy  or  vacancies.     In  the 
absence  of  the  mayor  elect  on  the  first  Monday  of  January, 
the  city  government  shall  organize  itself  in  the  manner 
herein  provided,  and  may  proceed  to  business  in  the  same 
manner  as  if  the  mayor  were  present. 

Section  9.     The  mayor  shall  be  the  chief  executive  Mayor  to  be 
oflScer  of  the  city.     He  shall  preside  at  meetings  of  the  oaicer^'of'city'.* 
city  council.     He  shall  cause  the  laws,  ordinances,  orders  Powers. 
and  regulations  of  the  city  to  be  executed  and  enforced, 
and  shall  exercise  supervisory  and  directory  powers  over 
every  department  of  the  city  administration.     He  may  May  suspend 
susi)cnd  any  ofiicer,  and  may  suspend  any  work  or  pa}'-  ""^  °®°'^'''  ®**'"' 


508 


1888.  — Chapter  439. 


but  shall  report 
hie  doings  to 
city  council. 


To  sign  all  con- 
tracts in  behalf 
of  the  city. 


To  have  control 
of  the  police. 

Salary  to  be 
fixed  by  city 
council. 


Mayor  and  city 
council  to  ap- 
point police 
ofiicere  and 
constables. 


Police,  except 
marshal  and 
assistants,  to 
hold  office 
during  good 
behavior. 


Marshal,  con- 
stables, etc., 
may  be  required 
to  give  bond. 


Powers  vested 
in  the  city 
council. 


ment,  whether  under  contract  or  otherwise,  for  Ji  period 
not  exceeding  ten  days  ;  but  in  such  case  he  shall  report 
his  doings,  with  his  reasons  therefor,  to  the  city  council, 
which  shall  take  immediate  action  thereon.  In  case  of  a 
vacancy  in  any  office  to  which  a[)pointment  is  made  by 
the  mayor,  he  may  personally  perform  the  duties  of  such 
office  but  he  shall  not  be  entitled  to  receive  any  salary  or 
pay  attached  thereto.  He  shall  from  time  to  time  com- 
municate to  the  city  council  such  information  and  recom- 
mend such  measures  as  the  interests  of  the  city  may  in  his 
opinion  require.  All  contracts  shall  be  signed  by  him  in 
behalf  of  the  city.  He  may  call  special  meetings  of  the 
city  council  by  causing  notices  thereof  stating  the  subjects 
to  be  considered  thereat  to  be  left  at  the  usual  place  of 
residence  of  each  member  of  the  council  at  least  twenty- 
four  hours  before  the  time  appointed  for  such  meeting. 
He  shall  at  all  times  have  the  control  and  direction  of  the 
police  force  subject  only  to  the  ordinances  of  the  city. 
His  salary  shall  be  fixed  by  the  city  council.  It  shall  be 
payable  at  stated  periods,  and  shall  not  be  increased  or 
diminished  during  the  year  for  which  he  is  elected.  He 
shall  receive  no  other  compensation. 

Section  10.  The  mayor  and  city  council  shall  have 
full  and  exclusive  power  to  appoint  constables,  a  city 
marshal  and  two  assistant  marshals,  with  the  powers  and 
duties  of  constables,  who  shall  be  exempt  from  civil  ser- 
vice examination,  one  of  whom  shall  act  as  ca})tain  of  the 
night  watch,  and  all  police  officers.  All  memliers  of  the 
regular  police  force,  except  the  city  marshal  and  the  two 
assistant  marshals,  shall  hold  office  during  good  behavior, 
but  such  regular  police  officers  may  be  removed  by  the 
mayor  and  city  council,  after  due  hearing,  for  such  cause 
as  they  may  deem  sufficient  and  shall  express  in  the  order 
of  removal.  And  the  city  council  may  require  any  per- 
son who  may  be  appointed  marshal,  or  constable,  of  the 
city,  to  give  a  bond  for  the  ftiithful  discharge  of  the  duties 
of  the  office,  wnth  such  security,  and  to  such  amount,  as 
may  be  deemed  reasonable  and  proper ;  upon  which  bonds 
such  proceedings  and  remedies  may  be  had  as  are  by  law 
provided  in  case  of  constables'  bonds  taken  by  the  select- 
men of  towns. 

Section  11.  All  other  municipal  powers,  and  all  pow- 
ers conferred  by  law,  upon  mayors  and  aldermen,  and 
upon  city  councils,  shall  be  vested  in  the  city  council. 


1888.  —  Chapter  439.  509 

Section  12.     The  city  council  shall,  in  the  month  of  ^»y  ^cuTciirk. 
January  or  Feliruary  of  each  year,  choose  by  ballot  a  city  c'jy  "^''f,"/®^> 
clerk,  a  cit}^  treasurer  who  shall  be  collector  of  taxes,  and  collector,  au- 

T.i.  M  ,1  i>Ai        ditor  and  over- 

an  auditor,  and  two  councilmen  to  be  overseers  ol   the  Btersofthe 
poor;  and  shall,  in  such  manner  as  the  city  council  shall  K°ect'ionor 
determine,  by  ordinance  made  for   the  purpose,  appoint  gia'ald^uate*^ °^ 
or  elect  all  subordinate  officers  not  herein  otherwise  pro- oncers  to  be 

.  ,     T    ,.  1     i^  1      •        1       •  1     ^  I      •  •  prescribed  by 

vided  tor,  define  their  duties  and  nx  their  compensation,  ordinance. 
in  cases  where  such  duties  and  compensation  shall  not  be 
defined  and  fixed  by  the  statutes  of  the  Commonwealth. 
The  city  clerk  shall  enter  upon  the  duties  of  his  office  as 
soon  as  chosen  and  qualified,  and  shall  hold  office  during 
the  remainder  of  the  municipal  year  and  until  his  succes- 
sor is  chosen  and  qualified.  The  city  treasurer  and  col- 
lector and  the  auditor  shall  enter  upon  the  duties  of  their 
respective  offices  on  the  first  Monday  of  March  in  each 
year,  and  shall  hold  office  for  terms  of  one  year  and  until 
their  respective  successors  are  chosen  and  qualified. 

Section  13.     No   member  of  the  city  council    shall,  ¥,«'"^°'"«?,'^  "\« 

,.,,.,  *^  ,  city  council  not 

durino;  the  term  for  which  he  is  elected,  hold  any  other  tohouiany 

•  '-•        ,        rn  1  !!•  1  1  ,  Other  municipal 

municipal  office,  or  be  employed  in  any  department  or  otiiceorbe 
otherwise  for  the  city,  make  any  contract  with  the  city,  th^^'cuyt'lt^cy 
or  furnish  to  the  city  or  any  department  thereof  any  goods 
or  merchandise,  have  the  expenditure  of  any  money  appro- 
priated by  the  city  council,  or  act  as  counsel  in  any  mat- 
ter before  the  city  council  or  any  committee  thereof,  or 
any  department  of  the  city,  and  no  person  shall  be  eligible 
for  appointment  or  election  to  any  municipal  office  by  the 
mayor  or  city  council  during  the  time  for  which  he  was 
chosen  a  member, of  the  city  council,  except  the  office  of 
overseer  of  the  poor. 

Section  14.     The  city  council  shall  keep  a  record  of  ^^*/';°'^°^^'^^ 
its  own  proceeding's,  shall  judge  of  the  election  of  its  own  hs  pioceedings, 

~  ,  ,  .  ,  Bball  judt'e  of 

members,  and  shall,  at  its  first  meeting,  elect  a  chairman  the  election  of 
who  shall  preside  in  the  absence  of  the  mayor,  and  a  clerk  etc.™*™'**"' 
who  may  also  be  elected  auditor.     It  shall  have  power  to 
establish  rules  for  the  transaction  of  its  business,  and  such 
rules  shall  be  binding  on  the  city  council,  and  shall  have 
the  force  of  law.     All  sittings  of  the  city  council  shall  be  sittings  to  be 
public  except  when  action  is  taken   upon  appointnients  wUn^actrul' 
and  removals.     Whenever   there    shall   be  a  vacancy  in  "|enu?'^°'"*" 
the  office  of  mayor,  or  whenever  by  reason    of  sickness,  ^y^*^"  ™='y°'"  '* 

n  J  •  1  1        absent  or 

absence  from  the  city  or  other  cause,  the  mayor  may  be  vacancy  exists, 
disabled  from  attending  to  the  duties  of  his  office,  the  couucn'to°ct. 


510 


1888.  —  Chapter  439. 


City  council  to 
take  care  that 
money  shall  not 
be  paid  out 
unless  granted 
or  appropriated. 


Account  of 
receipts  and 
expenditures  to 
be  annually 
published. 


Money  not  to  be 
paid  from 
treasury,  ex- 
cept, etc.,  until 
vote  authorizing 
has  been  passed 
by  city  council. 


All  gums  re- 
ceived to  be 
paid  into  city 
treasury. 
City  council  to 
determine  what 
sura  sliall  be 
raised  by  taxa- 
tion for  expen- 
ditures. 

Appropriations. 


Ordinances, 
etc.,  to  be  read 
twice  before 
passage. 


City  council 
may  establish 
ordinances  and 
affix  penalties. 


chairman  of  the  city  council  shall  act  as  mayor,  and  pos- 
sess all  the  rights  and  powers  of  mayor  during  such 
vacancy  or  disability. 

Section  15.  The  city  council  shall  take  care  that 
money  shall  not  be  paid  from  the  treasurj^  unless  granted 
or  appropriated,  shall  secure  a  just  and  prompt  account- 
ability, l>y  requiring  bonds,  with  sufficient  penalty  and 
sureties,  from  all  persons  entrusted  with  the  receipt, 
custody  or  disbursement  of  money,  shall  have  the  care 
and  superintendence  of  city  buildings  and  the  custody 
and  management  and  disposal  of  all  city  propeil}'.  It 
shall  as  often  as  once  in  each  year  cause  to  be  published, 
for  the  use  of  the  inhabitants,  a  particular  account  of  the 
receipts  and  expenditures  of  the  city  and  a  schedule  of 
the  city  property  and  of  the  city  debt. 

Section  16.  No  officer  or  department  shall  contract 
any  bill,  nor  shall  any  money  be  paid  from  the  treasury, 
except  where  such  payment  is  required  by  law,  until  a 
vote  shall  have  been  passed  by  the  city  council  authoriz- 
ing such  payment,  except  that  at  the  beginning  of  the 
financial  year  departments  may  continue  to  contract  bills 
and  money  may  continue  to  be  paid  from  the  treasury 
therefor  at  the  same  rate  per  month  directed  and  author- 
ized for  the  previous  year  until  the  new  government  shall 
act  upon  the  matter;  but  no  bills  shall  be  contracted  or 
money  paid  exceeding  in  amount  one-third  of  the  entire 
amount  so  directed  and  authorized  in  the  previous  year. 
All  sums  received  by  any  officer  or  department  shall  be 
paid  into  the  city  treasury. 

Section  17.  The  city  council  shall,  as  early  as  may 
be  after  the  beginning  of  the  municipal  year,  by  resolu- 
tion determine  what  sum  shall  be  raised  by  taxation  for 
the  expenditures  of  the  year.  The  city  council  shall  also 
determine  by  resolution  what  sum  shall  be  appropriated 
and  expended  for  each  municipal  purpose,  after  consider- 
ing what  sum  will  be  available  for  the  expenditures  of  the 
city,  whether  from  taxes,  receipts  in  the  departments,  or 
any  other  source. 

Section  18.  Every  ordinance,  order  or  resolution 
shall,  except  by  unanimous  consent,  be  read  in  the  city 
council  at  least  twice  before  its  final  passage,  and  two 
readings  shall  not  be  had  on  the  same  day. 

Section  19.  The  city  council  shall  have  power  to 
make  and  establish  ordinances  and  by-laws,  and  to  affix 


1888.  —  Chapter  439.  511 

thereto  penalties,  as  herein  and  by  general  law  provided, 
without  the  sanction  of  any  court  or  justice  thereof :  pro- 
vided, however,  that  all  laws  and  regulations  now  in  force 
in  the  city  of  Lawrence  shall,  until  they  expire  by  their 
limitation  or  be  revised  or  repealed  by  the  city  council, 
remain  in  force. 

Sectiox  20.     Every    ordinance,  order,    resolution   or  ordinances, 
vote  of  the  city  council,  except  such  as  relate  to  the  in-  etc!' ^o'lfeVie- 
ternal  affairs  of  the  council,  to  the  election  or  removal  of  may w- for ^^ 
city  officers  whose  election  is  vested  in  the  city  council,  app'o^ai. 
or  to  the  declaration  of  a  vacancy  in  the  office  of  mayor, 
shall  be  presented  to  the  mayor.     If  he  approves  thereof 
he  shall  signify  his  approval  by  signing  the  same.     If  he 
does  not  approve  thereof  he  may  return  the  ordinance, 
order,  resolution  or  vote  with  his  objections  in  writing  to 
the    cit}'   council,  which  shall    proceed  to  reconsider  the 
same,  and  if,   after  such    reconsideration,   two-thirds  of 
the  whole  board  shall,  by  a  yea  and  nay  vote,  favor  the 
passage  of  the  ordinance,  order,  resolution  or  vote,  not- 
withstanding such  objections,  then  the  same  shall  be  in 
force;  and  if  the  ordinance,  order,  resolution  or  vote  is  Knot  returned 
not  returned  by  the  mayor  within  ten  days  after  it  has  [*iu  d;'^.°'t'Ie*''° 
been  presented  to  him  the  same  shall  be  in  force  :  provided,  ^^™^  'o  ''e  in 
that  if  any  such  ordinance,  order,  resolution  or  vote  em-  Proviso. 
braces  distinct  subjects  or  distinct  items  of  appropriation 
or   expenditure,  the  mayor  may  approve  the  })rovisions 
relating  to  one  or  more  subjects  or  items  and  disapprove 
the  other  provisions  ;  in  case  of  such  disapproval  the  pro- 
visions   of  the    ordinance,   order,   resolution   or  vote   so 
approved,  shall  be  in  force  in  like  manner  as  if  the  provi- 
sions disapproved  had  never  been  a  part  thereof,  and  the 
mayor  shall  return  a  statement  of  the  provisions  disap- 
proved with  his  objections  in  writing  to  the  city  council, 
which   shall    proceed   to    reconsider   the    same,   and   the 
provisions  disapproved  shall  not  be  in  force  unless  passed 
after  reconsideration  as  above  provided. 

Section  21.     The  city  council  may  make  by  ordinance  ordinn 


liinces  aa 


such  rules  and  regulations  as  to  entering  and  using  main  enuMhrgl^^tc., 

drains  and  sewers  as  it  may  deem  proper.  "i"'"  drains. 

Section  22.     The  city  council  shall,  with  the  approval  City  council, 

"J  .  ,'.  ,  *■  *■  with  approval 

of  the  mayor,  have    exclusive    authority   and  power  to  of  mayor,  may 
order  the  laying  out,  locating  anew,  or  discontinuing  of  Jtc.°"' *^'^^^'*' 
or  making  specific  repairs  in  all  streets  and  ways,  and  all 
highways  within  the  limits  of  said  city,  and  to  assess  the 


512 


1888. —  Chapter  439. 


city  council. 


Board  of  aa 
Bessors. 


damages  sustained  by  any  person  thereljy.  Any  person 
aggrieved  by  any  proceedings  of  the  city  council  under 
this  provision  shall  have  all  the  rights  and  privileges  now 
allowed  by  law  in  appeals  from  the  decisions  of  selectmen 
or  the  road  commissioners  of  towns. 
City  clerk  to  Sectiox  23.     The  citv  clcrk  sliall  perform  sucli  duties 

perform  duties  ini  -iiii  •  •! 

as  prescribed  by  as  siiall  oc  prescriDcd  bv  the  City  council,  and  shall  have 

oif.T   />/Mir.»il  •HIT-  1 

and  exercise  all  the  duties  and  powers  by  law  incumbent 
upon  or  vested  in  the  clerks  of  town  and  city.     He  shall 
hold  his  office  until  his  successor  is  elected  and  qualilied. 
Section  24.     The  board  of  assessors  shall  consist  of 
three  persons  who  shall  be  chosen  by  ballot  by  the  city 
council.     The  members  of  the  board  of  assessors  holdino^ 
office  at  the  time  when  this  act  shall  go  into  effect  shall 
continue  to  hold  their  respective  offices  until  the  expira- 
tion of  the  terms  for  which  they  were  elected  ;  and  for  the 
further  continuance  of  said  board  the  city  council  shall, 
annually,  in  the  month  of  January  or  February,   choose 
one  person  to  be  an  assessor,  who  shall  hold  his  office  for 
the  term  of  three  years  beginning  with  the  first  ^Monday 
of  March  then    next  ensuing  and  until  his  successor  is 
chosen  and  qualified.     The  city  council  may  hereafter   by 
ordinance  provide  for  ihe  election  of  a  larger  number  of 
assessors,   and  fix  their  terms  of  office.     The  board    of 
assessors  so  constituted  shall  exercise  the  powers  and  be 
subject  to  the  duties  imposed  upon  assessors  by  the  stat- 
utes of  the  Commonwealth.     They  shall,  annually,  in  the 
month  of  March  or  April,  or  whenever  a  vacancy  shall 
occur,  appoint,  subject  to  confirmation  by  the  city  coun- 
cil, one  person  from  each  ward,  who  shall  be  a  resident 
therein,  to  be  an  assistant  assessor.     It  shall  be  the  duty 
of  the  persons  so  appointed  to  furnish  to  the  assessors  all 
needful  information  relative  to  the  persons  and  property 
taxable  in  their  respective  wards,  and  to  render  to  the 
assessors  such  further  assistance  as  may  be  required  of 
them. 

Section  25.  At  each  municipal  election  there  shall  be 
elected,  by  and  from  the  qualified  voters  of  each  ward, 
by  ballot,  one  person  to  be  an  overseer  of  the  poor ;  and 
the  persons  thus  chosen,  together  with  the  mayor  and  the 
two  councilmen  hereinbefore  provided,  shall  constitute 
the  board  of  overseers  of  the  poor,  of  which  the  mayor 
shall  be  ex  officio  chairman,  and  shall  have  all  the  powers, 
and  be  subject  to  all  the  duties,  by  law  appertaining  to 


Assistant 
assessors. 


Overseers  of 
the  poor. 


1888.  — Chapter  439.  513 

overseers  of  the  poor.  The  persons  so  elected  overseers 
of  the  poor  shall  hold  office  for  terms  of  one  year  begin- 
ning with  the  first  Monday  in  March  following  their  elec- 
tion as  aforesaid,  and  nntil  their  respective  successors  are 
elected  and  qualified.  No  overseer  of  the  poor  shall 
make  any  contract  with  the  city,  or  furnish  to  the  cit}^ 
or  to  any  department  thereof,  any  goods  or  merchan- 
dise. 

Section  2Q.  The  school  committee  shall  consist  of  the  schnoicom- 
mayor  ex  officio  and  twelve  members  elected  two  from 
each  ward.  The  members  holding  office  at  the  time  when 
this  act  shall  go  into  efiect  shall  continue  to  hold  their 
respective  offices  until  the  expiration  of  the  terms  for 
which  they  were  elected,  and  for  the  further  continuance 
of  said  board  there  shall  be  chosen  at  each  annual  munici- 
pal election,  by  the  qualified  voters  of  each  ward  in  which 
the  members  are  chosen  whose  terms  of  office  expire  on 
the  first  Monday  of  January  following,  and  from  the  in- 
hal)itants  of  such  ward,  two  persons  to  hold  office  for 
three  years  beginning  with  said  first  Monday  of  January. 
If  in  any  year  there  shall  be  a  new  division  of  said  city 
into  wards,  the  terms  of  office  of  all  the  members  of  the 
school  committee  so  elected  shall  expire  at  the  end  of  the 
municipal  year  in  which  such  division  is  made  ;  and  at  the 
municipal  election  occurring  in  such  year  two  of  the  new 
wards,  to  be  selected  by  lot  by  the  city  council,  shall  each 
choose  two  members  of  the  committee  to  serve  for  terms 
of  one  year,  two  of. the  wards  so  to  be  selected  shall  each 
choose  two  members  to  serve  for  terms  of  two  years,  and 
the  remaining  two  wards  shall  each  choose  two  members 
to  serve  for  terms  of  three  years  ;  and  thereafter  the  suc- 
cessors of  such  members  shall  at  the  expiration  of  said 
respective  terms  of  service  be  elected,  as  above  provided, 
for  terms  of  three  years.  The  mayor  shall  be  chairman  Mayor  to  be 
of  the  board,  and  said  board  shall  have  the  care  and  tofrr""  "^  '^" 
superintendence  of  the  public  schools.  The  school  com- 
mittee shall  appoint,  but  not  from  their  own  number,  a  secretary. 
secretary,  who  shall  be,  under  the  direction  and  control 
of  said  committee,  superintendent  of  schools.  The  com- 
pensation of  such  secretary  shall  be  determined  by  a 
majority  vote  of  the  whole  board.  Vacancies  occurring  vacancies  in 
in  the  committee  may  be  filled  at  any  time  by  the  joint  '■*"^"""'^"- 
ballot  of  the  city  council  and  the  school  committee  in  con- 
vention.    The  member  so  chosen  shall  hold  office   until 


5U 


1888.— Chaptee  439. 


Firp  (Icpnrt- 
ment. 


Engineers  to  be 
tirew  aidB. 


Mayor  to  call 
together,  as 
often  as  once 
a  moMlli,  heads 
of  (leiiaitnients 
for  coiisullalion, 
etc. 


Mayor  to  ap- 
j)oint,  suhy  ot 
to  confirmation, 
eomniiKsiontr  of 
streets,  clerk  of 
overseeis  of 
poor,  snpiiin- 
tendent  of  water 
works,  superin- 
tendent of  poor 
farm,  etc. 


Ihe  end  of  the  municiiial   year  in  wliich  the  warrant  for 
the  next  ensuing  municii)ai  election  is  issued. 

Section  27.  The  fire  department  already  established 
for  said  city  shall  continue.  It  shall  consist  of  a  chief 
engineer  and  of  as  many  assistant  engineers,  enginemen, 
hosemen,  hook  and  ladder  men  and  assistants  as  the  city 
council  by  ordinance  shall  from  time  to  time  prescribe. 
The  chief  engineer  and  assistant  engineers  shall  be  ap- 
pointed by  the  mayor  and  city  council  in  the  month  of 
January  or  Februar^^  and  shall  hold  office  for  the  term 
of  one  year  beginning  Avith  the  first  jNlonday  of  March 
next  ensuing.  The  other  memliers  of  the  department 
shall  be  elected  by  the  members  of  their  respective  com- 
panies, subject  to  confirmation  or  rejection  liy  the  board 
of  engineers,  and  shall  hold  office  during  good  behavior, 
being  removable,  after  hearing,  l)y  the  engineers  for  cause 
in  their  opinion  deemed  sufficient  and  expressed  in  their 
order  of  removal.  The  city  council  shall  have  authority 
to  define  the  office  and  duties  of  the  members  of  the 
department,  and  in  general  to  make  such  regulations  con- 
cerning the  pay,  conduct  and  government  of  such  depart- 
ment as  they  may  deem  expedient,  and  maj^  affix  such 
penalties  for  any  violation  of  such  regulations  or  any  of 
them  as  are  provided  for  the  breach  of  the  ordinances  of 
said  city.  The  engineers  so  appointed  shall  be  the  fire- 
wards  of  the  city,  but  the  mayor  and  city  council  may 
appoint  additional  firewards.  The  compensation  of  the 
members  of  the  department  shall  be  fixed  by  vote  of  the 
city  council. 

Section  28.  The  mayor  shall,  once  a  month  or  oftener, 
call  together  the  heads  of  the  departments  for  consulta- 
tion and  advice  upon  the  ati'airs  of  the  city,  and  at  such 
meetings  and  at  all  times  they  shall  furnish  such  informa- 
tion as  to  matters  under  their  control  as  the  mayor  may 
request. 

Section  29.  A  commissioner  of  streets,  an  agent  of 
the  board  of  health,  a  clerk  of  the  overseers  of  the  poor, 
a  superintendent  of  the  fire  alarm,  a  superintendent  of 
the  water  works,  a  superintendent  of  the  poor  farm, 
a  superintendent  of  public  property,  and  any  other 
officers  performing  the  duties  of  said  offices  or  substi- 
tuted therefor,  shall  be  appointed  by  the  mayor,  sub- 
ject to  confirmation  by  the  city  council.  The  mayor 
may  remove  any  of  the  officers  so   appointed    for   such 


1888.  —  Chapter  439.  515 

cause  as  he  shall  deem  sufficient  and  shall  assign  in  his 
order  for  removal,  which  order  he  shall  transmit  to  the 
city  council  before  nominating  a  successor  to  such  officer. 

Section    30.     In  all  cases  in  which  appointments  are  Mayor  to  have 
directed  to  be  made  by  the  mayor  and  the  city  council,  t?o.ilubject\o*' 
the  mayor  shall  have  the  exclusive  right  to  nomination,  etc°fby'cVty"' 
subject  to  confirmation  or  rejection  by  the  city  council,  council. 
If  a  person  so  nominated  is  rejected  by  the  city  council, 
or  if  any  officer  is  removed  by  the  mayor,  the  mayor  shall 
nominate  another  person  to  the  office,  and  such  nomina- 
tion shall  be  presented  at  the  next  regular  meeting  of  the 
council,  unless  such  rejection  shall  be  reconsidered  by  the 
city  council.     A  failure  to  act  upon  a  nomination  by  the 
city  council  for  two  regular  meetings  after  the  same  is 
submitted  to  them  b}^  the  mayor  shall  operate  as  a  con- 
firmation.    No  appointment  made  l)y  the  mayor  shall  be  Appointraent 
acted  upon  by  the  city  council  until  the  expiration  of  one  upon^inur"^*^ 
week  after  such  appointment  is  transmitted  to  the  council.  oQ^'^eek!  °^ 

Section  31.     All  officers  elected  or  appointed  under  officers  to  be 
this  charter  shall  be  sworn  to  the  faithful  performance  of  ''^'°™- 
their  duties,  and  vacancies  occurring  in  the  offices  men- vacancies  may 
tioned  in  the  preceding  sections  may  be  filled  at  any  time  time!''^'^  ^' ^"* 
for  the  unexpired  term  in  the  same  manner  as  the  original 
election  or  appointment. 

Section  32.  Nothing  herein  contained  shall  affect  the  civii  service 
enforcement  of  the  provisions  of  chapter  three  hundred 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  being  "An  act  to  improve  the  civil  service 
of  the  Commonwealth  and  the  cities  thereof",  or  of  the 
rules  made  by  the  commissioners  appointed  thereunder ; 
and  the  city  council  shall  make  sufficient  and  proper 
appropriations  for  the  carrying  out  and  enforcement  of 
said  act  and  such  rules  in  said  city. 

Section  33.     All  acts  and  parts  of  acts  relating  to  the  inconsistent 
city  of  Lawrence  as  are  inconsistent  herewith  are  hereby  '^*^'^  ^^^'^'^  ^ 
repealed,  but  such  repeal  shall  not  afiect  any  right  accru- 
ing or  accrued,  any  penalty  or  forfeiture  incurred,  or  any 
suit  pending  at  the  time  when  this  repeal  takes  effect. 

Section  34.     This  act  shall  be  submitted  to  the  quali-  Subject  to  ac- 

n     1  <»     1  •  •  T  /•        •  1    i^eplatice  by  a 

ned  voters  oi  the  city  oi  Lawrence  lor  its  acceptance,  and  majority  vote 
shall  be  void  unless  such  voters,  voting  in  their  respective  yeari? 
wards  at  a  legal  meeting,  shall,  within  two  years  from  its 
passage,  determine  by  a  majority  of  ballots  to  adopt  the 
same.     If  so  adopted,  this   act  shall  take  eft'ect  for  the 


516  1888.  — Chapters  440,  441. 

election  of  municipal  officers  at  the  next  annual  municipal 
election,  and  for  all  other  purposes  at  the  beginning  of 
the  municipal  year  in  the  following  January.  If  at  any 
meeting  so  called  this  act  shall  fail  to  be  so  adopted,  it 
may  again,  after  the  expiration  of  two  months,  be  thus 
submitted  for  adoption, 
l^t  to  take  full       Section   35.     8o  much  of  this  act  as   authorizes  the 

effect  until  ^        •      •  i>       ^  ...  i 

accepted.  submissiou    ot    the    qucstion    ot    its    acceptance    to    the 

legal  voters  of  the  said  city  shall  take  efi'ect  upon  its  pas- 
sage, but  it  shall  not  take  further  eifect  unless  accepted 
by  the  legal  voters  of  said  city  as  herein  prescribed. 

Approved  May  29,  1888. 

OJW)}  440   -^  -^^^  ^^  AMEND   CHAPTEK   TWO   HUNDRED   AND    EIGHTY-FIVE   OF 
'   '  THE   ACTS   OF   THE   YEAR  EIGHTEEN   HUNDRED   AND  EIGHTY-SEVEN 

RELATIVE   TO   THE    ERECTION    OF    A    COURT    HOUSE    IN    THE    CITY 
OF  FALL  RIVER. 

Be  it  enacted,  etc. ,  as  foUoivs  : 
Erection  of  a  SECTION  1.     Scctiou  two  of  chapter  two  hundred  and 

Fan  Kiv^r.  ciglity-five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  is  hereby  amended  in  the  third  line  thereof 
by  striking  out  the  word  "  seventy-tive ",  and  inserting 
in  place  thereof  the  following  :  -  one  hundred  and  tifty, 
—  and  in  the  fourth  line  thereof  by  striking  out  the  w^ ords 
"  one  hundred",  and  insei-ting  in  place  thereof  the  follow- 
ing :  —  one  hundred  and  seventy-five. 

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

Ajyjyroved  May  29,  1888. 


Chap. 4:^1 


An  Act  to  regulate  the  holding  of  caucuses  or  public 
meetings  of  the  qualified  voters  of  cities  and  towns 
for  political  purposes. 
Be  it  enacted,  etc.,  as  follows: 
Regulations  for  SECTION  1.  Any  caucus  or  pu))lic  meeting  of  the  quali- 
cuseror'^pubiic  fied  votcrs  of  a  town  or  city  or  ward  of  a  city  or  of  any 
^oters'of  dties  Specified  party  or  portion  of  such  voters  for  the  nomination 
and  towns  for  of  Candidates  to  be  supported  at  any  state,  municipal  or 
poses.  town  election,  or  for  the   selection  of  delegates  to  any 

political  convention,  or  for  the  appointment  of  any  politi- 
cal committee,  may  be  called  by  written  or  printed  notice 
specifying  that  the  same  is  to  be  held  in  accordance  with 
the  provisions  of  this  chapter,  and  the  provisions  thereof 
shall  then  apply  to  the  conduct  and  proceedings  of  such 
meeting. 


1888.  — Chapter  441.  517 

Section  2.     The  call  for  the  meeting  shall  designate  caiiforthe 
by  name  or  office  the  person  who  shall  call  such  meeting  ""^^^^S' 
to   order ;    and   the    person  so   designated  shall  call  the 
meeting  to  order  and  preside  until  a  chairman  shall  be 
chosen.     In  case,  however,  the  person  so  designated  shall 
be  absent  at  the  time  appointed,  the  meeting  may  choose 
a  temporary  chairman  to  act  in  place   of  such  person. 
The  organization  of  the  meeting  by  the  choice  of  a  chair-  organization. 
man,  clerk  and  such  other  officers  as  the  meeting  may 
require,  shall  be  the  first  business  in  order. 

Section  3.     A  ballot  shall  be  taken  for  the  choice  of  ^^°|^^\°  ^^^^y 
anv  candidate,  deleo^ate  or  member  of  a  political  com-  persons  so 

.  ,  '  -  ,  .  ,'-  request  in 

niittee  to   be  selected    1)}^  such  meetmg,  in  case  ten  or  writing,  unless, 
more  of  the  persons  present  and  entitled  to  vote  therein 
shall  in  any  case  so  request  in  writing ;  and  in  case  of 
such  written  request  a  ballot  shall  be  taken  for  the  choice 
of  the  chairman  of  such  meeting  unless  the  meeting  shall 
vote  to  dispense  with  such  ballot.     Such  written  request 
may  be  presented  to  the   presiding  officer  for  the  time 
being,  by  motion  or  otherwise  at  any  time  before  a  choice 
of  the  officers  to  which  it  relates  is  effected.     In  balloting,  voting-iist  to  be 
the  voting-lists  last  published  according  to  law,  with  such  "*^ 
subsequent  w^ritten  additions  thereto  as  may  be  certified 
by   the    registrars    of   voters,    shall    be    used    as    check- 
lists. 

Section  4.  Whoever  shall  vote  at  any  such  meeting,  Penalty  for 
or  at  any  caucus  or  public  meeting  of  the  qualified  voters  ^  ^^^  noting. 
of  a  town  or  city  or  ward  of  a  city  or  of  any  specified 
party  or  portion  of  such  voters,  at  which  a  check-list  is 
used,  for  the  nomination  of  candidates  to  be  supported  at 
any  state,  municipal  or  town  election,  or  for  the  selection 
of  delegates  to  any  political  convention,  or  for  the  ap- 
pointment of  any  political  committee,  not  being  a  legal 
voter  in  the  town  or  city,  or  ward  of  a  city,  as  the  case 
may  be,  in  and  for  which  such  meeting  is  held;  whoever 
shall  so  vote,  being  such  legal  voter,  but  not  being  in- 
cluded in  the  terms  of  the  call  under  which  such  meeting 
is  held  ;  whoever  shall  vote  or  attempt  to  vote  upon  any 
name  not  his  own  ;  whoever  shall  vote  or  attempt  to  vote 
more  than  once  at  one  balloting ;  whoever  knowingly 
shall  cast  or  attempt  to  cast  more  than  one  ballot  at  one 
time  of  balloting,  or  more  than  the  number  of  separate 
ballots  allowed  to  each  voter,  if  more  than  one  ballot  is 
allowed  to  be  cast,  shall  be  punished  by  fine  not  exceed- 


518 


1888.  —  Chapter  442. 


Penalty  on 
officer  for  mak- 
ing a  fnUe 
count  or  false 
statement,  etc. 


ing  fifty  dollars,  or  by  imprisonment  in  the  jail  not  ex- 
ceeding three  months  or  by  both  tine  and  imprisonment. 

Section  5.  Whoever,  being  an  officer  appointed  and 
acting  at  any  such  meeting,  shall  knowingh'  make  any 
false  count  of  ballots  or  votes,  or  make  a  false  statement 
or  declaration  of  the  result  of  a  ballot  or  vote,  or  know- 
ingly refuse  to  receive  any  ballot  cast  by  a  person  quali- 
fied to  vote  at  such  meeting,  or  shall  wilfully  alter,  deface 
or  destroy  any  liallots  cast  or  check-lists  used  thereat, 
before  the  requirements  of  this  act  have  been  accom- 
plished, or  shall  decline  or  fail  to  receive  any  written 
request  made  as  herein  required,  or  shall  decline  or  fail 
to  perform  any  duty  or  obligation  imposed  by  this  act, 
shall  be  punished  by  fine  not  exceeding  fifty  dollars  or  by 
imprisonment  in  the  jail  not  exceeding  three  months,  or 
by  both  fine  and  imprisonment. 

Section  6.  The  clerk  chosen  at  such  meeting  shall,  at 
the  request  in  writing  of  ten  voters  entitled  to  act  therein, 
safely  keep  all  ballots  cast  and  check-lists  used  therein 
for  the  period  of  three  months,  and  shall  produce  the 
same  if  called  for  by  any  court  or  justice. 

Section  7.  Nothing  herein  shall  prevent  the  enforce- 
ment at  such  meeting  of  further  regulations  not  incon- 
sistent with  the  provisions  of  this  chapter. 

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

Apiwoved  May  29,  1888. 

C/)C17)A4:2  -^^  ^^^  "^^  AMEND  AN  ACT  TO  AUTHORIZE  THE  CITY  OF  WOKCESTER 
TO  LAY  OUT  A  STREET  OVER  LAND  OF  THE  COMMONWEALTH  AT 
WORCESTER. 

Be  it  enacted,  etc. ,  as  follows  : 

City  of  worces-       Section  1.     Chapter  four  hundred  and  thirty-five  of 

street  over  land  the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 

woakh/"^""""  hereby  amended  to  read  as  follows:  —  Section  1.     The 

1888.435.  ^-^^  council  of  the  city  of  Worcester  may  lay  out  and 

construct  a  public  street  of  a  width  not  exceeding  one 

hundred  feet,  extending  nortiierl}^  from  Belmont  street 

over  land  of  the  Worcester  lunatic  hospital  situated  on 

the  westerly  shore  of  Lake  Quinsigamond   in  said  city 

notwithstanding  the  provisions  of  section  fifteen  of  chapter 

fifty-four  of  the  Public   Statutes.     The   location  of  said 

new  street  shall  be  within  five  hundred  feet  of  said  lake, 

and  the  location  and  construction  thereof  shall  be  subject 

to  the  approval  of  the  governor  and  council.     Claims  for 


Clerk,  at  re- 
quest in  writing 
of  ten  voters, 
to  safely  keep 
ballots  cast, 
etc.,  for  three 
months. 


Further  regula- 
tions may  be 
made  by  meet- 
ing. 


1888.  —  Chapter  443.  519 

damages  for  the  location  and  construction  thereof  shall 
exist  as  in  case  of  laying  out  of  highways  over  lands  of 
individuals,  and  the  same  shall  be  settled  in  the  manner 
now  provided  by  law  in  such  cases.     Section  2.     When- ouy  to^con-^ 
ever  the  governor  and  council  shall  so  require,  the  city  of  when  so  re-  ' 
Worcester  shall  construct   at    its  own    expense  suitable  goveTno/and 
fences  separating  said  road  from  the  lands  belonging  to  council. 
the  Worcester  lunatic  hospital ;  and  when  so  required  by 
the  governor  and  council  shall  construct  at  its  own  ex- 
pense such  passages  as  shall  be  deemed  necessary  by  the 
governor  and  council  to  connect  the  lands  of  the  hospital 
which  may  lie  on  opposite  sides  of  said  road.     And  when- 
ever the  trustees  of  said  Worcester  lunatic  hospital  shall 
so  petition  the  city  of  Worcester,  said  city  of  Worcester 
shall  extend  its  sewer  system  to  the  main  entrance  to  the 
grounds  of  said  hospital,  and  said  hospital  shall  have  the 
right  to  enter  and  to  connect  with  said  sewer  system  upon 
the  same  conditions  and  subject  to  the  same  liabilities  as 
if  the  estate  of  said  hospital  were  the  estate  of  an  indi- 
vidual.    Section.  3.     Chapter  four  hundred  and  forty-four  uepeai. 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven 
is  hereby  repealed.     Section  4.    This  act  shall  take  effect 
upon  its  passage. 

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

Approved  May  29,  1888. 

An  Act  in   further   addition  to   the   several  acts   making  (J/ianAiS 

APPROPRIATIONS  FOR   EXPENSES  AUTHORIZED  THE  PRESENT   YEAR, 
AND   FOR   CERTAIN   OTHER   EXPENSES   AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc  ,  as  follows : 

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

For  the  payment  of  salaries  at  the  reformatory  prison  Rpfonmtoiy 
for  women,  a  sum  not  exceeding  one  thousand  dollars,  as  wom'-ii."' 
authorized  by  chapter  three  hundred  and  twenty-seven  of 
the    acts    of  the  present  year,  being  in  addition  to  the 
twenty-four   thousand    dollars    appropriated    by    chapter 
twenty-one  of  the  acts  of  the  present  year. 

For  clerical  assistance  in  the  office  of  the  commissioners  commissionyrs 
of  prisons,  a  sum  not  exceeding  eight  hundred  dollars,  as  clerical  as- 

siBlaliCf. 


520  1888.  —  Chapter  443. 

authorized  by  chapter  three  hundred  and  twenty-eight  of 
the  acts  of  the  present  year,  being  in  addition  to  the  sev- 
enteen hundred  dolhirs    appropriated  by  chapter  two  of 
the  acts  of  the  present  year. 
Asentfo.  aijiiig      y^y  ^}^g  Salary  of  the  ajjent  for  aiding  discharged  female 
fimaiepris-        prisoncrs,  a  sum  not  exceedmg  seventy-hve  dollars,  as 
authorized  by  chapter  three  hundred  and  thirty  of  the  acts 
of  the  present  year,  being  in  addition  to  the  seven  hun- 
dred dollars  appropriated  by  chapter  twenty-one  of  the 
acts  of  the  present  year. 
MaBsachimetts         j^qj.  ^jjg  payment  of  salaries  at  the  Massachusetts   re- 

leioriiialoi J  ,  101  L     J 

s.iaiiLs.  formatory,  a  sum  not  exceeding  eighteen  hundred  dollars, 

as  authorized  by  chapter  three  hundred  and  thirty-tive  of 
the  acts  of  the  present  year,  being  in  addition  to  the  fifty- 
eight  thousand  dollars  appropriated  by  chapter  twenty-one 
of  the  acts  of  the  present  year. 

uleTt'aut  "s'*  to  Yqy  tiie  preparation  and  publication  of  supplements  to 
the  statutes,  as  provided  for  in  chapter  three  hundred  and 
eighty-three  of  the  acts  of  the  present  year,  a  sum  not 
exceedino;  eioi:ht  thousand  dollars. 

Aimorycom-  jTor  tlic  compeusatiou  of  the  commissioners  known  as 
armory  commissioners,  as  provided  lor  in  chapter  three 
hundred  and  eighty-four  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  five  thousand  dollars. 

s.crf-taiy  of  the       For  the  Salary  of  the  secretary  of  the  Commonwealth, 

Commouweallh.  /•/>!  iiin  i-ii'i 

the  sum  of  five  hundred  dollars,  as  authorized  by  chapter 
three  hundred  and  eighty-five  of  the  acts  of  the  present 
year,  being  in  addition  to  the  three  thousand  dollars 
appropriated  by  chapter  two  of  the  acts  of  the  present 
year. 
Massachusettg         y^y  cei'taiu  apparatus,  buildino;s,  insurance,  repairs  and 

asjnculiural  .    ,   ■  i        n  r  i  •       i  i         ii 

college.  furnishing  at  the  Massachusetts  agricultural  college,  a  sum 

not  exceeding  nineteen  thousand  dollars,  as  authorized  by 
chapter  sixty-six  of  the  resolves  of  the  present  year. 

Printint;  mate-        for  the  Dui'chase  of  priutino:  materials  and  presses  for 

nals  for  state  i.  '■  O  l  iii 

priRon.  the  state  prison,  a  sum  not  exceeding  two  thousand  dol- 

lars, as  authorized  by  chapter  sixty-seven  of  the  resolves 
of  the  present  year. 

stat.ites  relating      For  the  publication  of  a  new-  edition  of  the  statutes 

to  public  .  ii.  11  T  '1 

schools.  relating  to  public  schools,  a  sum  not  exceedmg  six  hun- 

dred dollars,  as  authorized  by  chapter  sixty-eight  of  the 
resolves  of  the  present  year. 

Nutioiiai  prisou       Yq^   cei'taiu  cxpenscs    attending  the   meeting    of  the 

aBSociation.  ,  ,  .  '  '^  .       .  ~  S. 

national  prison    association,   fi  sum  uot   exceeding   one 


1888.  — Chapter  443.  521 

thousand  dollars,  as  authorized  by  chapter  seventy  of  the 
resolves  of  the  present  year. 

For  a  new  building  and  for  certain  repairs  at  the  Lyman  Lymnn  school 
school  for  boys  at  AVestborough,  a  sum  not  exceeding  °'  °^^' 
eight  thousand  dollars,  as  authorized  by  chapter  seventy- 
one  of  the  resolves  of  the  present  year. 

For  printing  extra   copies   of  the   report  of  the    state  Report  relative 
l)oard  of  health  relative  to  the  manufacture  and  sale  of  riae'anTbut" 
oleomargarine  and  butterine,  a  sum  not  exceeding  tifty  ferine. 
dollars,    as    authorized    by  chapter  seventy-two    of  the 
resolves  of  the  present  year. 

For  the  purchase  of  horses  and  cows  and  for  certain  Repairs,  etc., 
repairs  at   the   Massachusetts   reformatory,    a    sum    not  gettsTelorma- 
exceeding  ten  thousand  one  hundred  dollars,  as  author-  '°^^- 
ized    by  chapter  seventy-three    of  the  resolves    of    the 
present  year. 

Foi"  certain  repairs  and  improvements  at  the  state  house  Repairs  at  state 
and  Commonwealth  building,  a  sum  not  exceeding  twenty    °"'"^''^''" 
thousand  nine  hundred  dollars,  as  authorized  by  chapter 
seventy-four  of  the  resolves  of  the  present  year. 

For  the  New  England  industrial  school  for  deaf  mutes,  isrew  England 
the  sum  of  two  thousand  dollars,  as  authorized  by  chapter  "cilooHor  deaf 
seventy-five  of  the  resolves  of  the  present  year.  mutes. 

For  firino-  a  salute   in  honor  of  the  two  hundred   and  saiute  in  honor 

,„  ,      ,  '~  ,     -  .         .  /•     1  4         •  1    of  Ancient  and 

nitieth  anniversary  oi  the  organization  ot  the  Ancient  and  Honorable 
Honorable  Artillery  Company,  the   sum  of  four  hundred  pauy."^ 
dollars,   as    authorized  by  chapter  seventy-seven   of  the 
resolves  of  the  present  year. 

For  certain  improvements  at  the  state  normal  school  at  i^'oi;mai  school 

_  T  ,.  1      n    11  at  W  orcester. 

V\  orcester,  a  sum  not  exceeding  five  thousand  dollars,  as 
authorized  by  chapter  seventy-eight  of  the  resolves  of  the 
present  year. 

For  Ellen  C.  Johnson,  the  sum  of  two  hundred  dollars,  Eiien  c. 
as  authorized  by  chapter  seventy-nine  of  the  resolves  of  '^°^°'*°°- 
the  present  year. 

For  the  towni  of  Florida,  the  sum  of  twenty-five  hun-  Town  of 
dred  dollars,  as  authorized  by  chapter  eiglity  of  the  ^''^'''^'^' 
resolves  of  the  present  year. 

For  expenses  in  relation  to  public  records  of  parishes.  Records  of 
towns  and  counties,  a  sum  not  exceeding  twenty-five  hun-  uuli'covvtier."* 
dred  dollars,  as  authorized  by  chapter  eighty-one  of  the 
resolves  of  the  present  year. 

For  the  erection  of  buildings  in  the  city  of  Waltham  Massachusetts 
for  the  use  of  the  Massachusetts  school  for  the  feeble-  ftebrJ-wimivd, 


522 


1888.  —  Chapter  448. 


Investigation  of 
pollution  of 
streams,  etc., 
from  which  ice 
is  taken. 


Centennial  cele- 
bration of  settle- 
ment of  Ohio. 


Statue  of  Josiah 
Bartlett. 


State  farm  at 
Bridffewater. 


District  police. 


Reformatory 
prison  for 


Publication  of 
list  of  officers, 
sailors  and 
marines. 


Funds  received 
from  public 
administrators. 


Town  bounda- 
ries. 


minded,  as  authorized  by  chapter  eightj-two  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  fifty 
thousand  dollars. 

For  expenses  in  connection  with  the  investigation  of  the 
pollution  of  ponds  and  streams  from  which  ice  is  cut  for 
domestic  use,  as  provided  for  in  chapter  eighty-four  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  two 
thousand  dollars. 

For  expenses  in  connection  with  the  centennial  celebra- 
tion of  the  settlement  of  Ohio  and  the  establishment  of 
civil  government  in  the  northwest  territory,  as  authorized 
by  chapter  eighty-five  of  the  resolves  of  the  present  year, 
a  sum  not  exceedinij  five  thousand  dollars. 

For  expenses  in  connection  with  the  acceptance  and 
dedication  of  a  statue  of  Josiah  Bartlett  by  the  Common- 
wealth, as  authorized  by  chapter  eighty-seven  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  five 
thousand  dollars. 

For  the  erection  of  new  buildings  at  the  state  farm  at 
Bridgewater,  as  authorized  by  chapter  eighty-nine  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  thirty 
thousand  dollars 

For  the  salary  of  the  additional  ofiicer  on  the  district 
police  force,  provided  for  by  chapter  three  hundred  and 
eighty-nine  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  nine  hundred  and  sixteen  dollars  ;  and  for  the 
expenses  of  said  ofiice,  a  sum  not  exceeding  two  hundred 
and  fifty  dollars. 

For  the  better  protection  of  the  reformatory  prison  for 
women  against  fire,  as  authorized  by  chapter  ninety  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  thousand   dollars. 

For  the  publication  of  a  list  of  Massachusetts  oflacers, 
sailors  and  marines  who  served  in  the  navy  in  the  late 
civil  war,  as  provided  for  in  chapter  fifteen  of  the  resolves 
of  the  year  eighteen  hundred  and  seventy-five,  a  sum  not 
exceeding  eight  thousand  dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  the 
payment  from  the  treasury  of  the  Commonwealth  of  funds 
received  from  public  administrators,  a  sum  not  exceeding 
five  thousand  dollars,  being  in  addition  to  the  four  thou- 
sand dollars  appropriated  by  chapter  fifteen  of  the  acts  of 
the  present  year. 

For  expenses  in  connection  with  the  act  to  provide  for 


1888.  — Chapter  U3.  523 

the  definition  and  preservation  of  town  boundary  lines, 
a  sum  not  exceeding  five  hundri  d  dollars. 

Foi"  compensation  of  assistant  doorkeepers,  postmaster,  Doorkeepers, 

'  ,  ^         ,  ^  lie  messengers,  etc. 

messengers  and  pages  to  the  senate  and  house  oi  repre- 
sentatives, a  sum  not  exceeding  fifteen  hundred  dollars, 
being  in  addition  to  the  twenty-three  thousand  one  hun- 
dred dolhirs  appropriated  by  chapter  three  of  the  acts  of 
the  present  year. 

For  compensation  and  expenses  of  the  commissioners  commissioners 
authorized  by  chapter  three  hundred  and  sixty-nine   of  atnorm.-a" 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven,  westftew. 
in  relation  to  improving  the  sewerage  of  the  state  normal 
school  at  Westfield,  the  sum  of  five  hundred  twenty-two 
dolhu's  and  seventy-two  cents. 

For  the  salary  of  the  agent  to  expedite  the  settlement  f^^'^cv^uT^sYor 
of  claims  for  pensions,  bounty  and  back  pay  of  citizens  of  pensions,  etc. 
this  Commonwealth  against  the  federal  government,  as 
provided  for  in  chapter  three  hundred  and  ninety- six  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  twelve 
hundred  and  twenty-five  dollars  ;  and  for  clerical  assist- 
ance, travelling  and  other  expenses  of  said  agent,  a  sum 
not  exceeding  twelve  hundred  and  twenty-five  dollars. 

For  the  council  of  administration  of  the  grand  army  council  of 
of  the  republic  in  the  department  of  Massachusetts,  the  of  g.a.h.  in 
sum  of  three  thousand  dollars,  as  authorized  by  chapter     ^*^'*°  "'"' 
three  hundred  and  ninety-six  of  the  acts  of  the  present 
year. 

For  building  hospital  cottages  for  children  at  Baldwins-  Hospital  cot- 
ville,  as  authorized  by  chapter  ninety-one  of  the  resolves  dren". 
of  the  present  year,  a  sum  not  exceeding  fifteen  thousand 
dollars. 

To  enable  the  governor  and  council  to  devise  and  report  iccommociuro'n 
a  plan  for  the  better  accommodation  for  the  state  govern-  ^^  ^tate  govem- 

.,.  o    rt  -iii^ii  ment. 

raent  m  the  city  ot  13oston,  as  provided  tor  by  chapter 
ninety-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

For  new  steam  boilers,  for  repairs  to  heating  apparatus,  state  normal 
and  for  making  connections  with  the  main  supply  pipes  at  Bridgewtiter. 
the  state  normal  school  at  Bridgewater,  as  authorized  by 
chapter  ninety-three  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  two  thousand  dollars. 

For  authorized  expenses  of  committees  of  the  present  fonmrittees! 
legislature,  to  include    clerical    assistance  to  committees 
authorized  to    employ  the   same,   a    sum  not    exceeding 


524 


1888.  —  Chapter  US. 


Protection  of 
town  of  Hadley 
against  en- 
croachments of 
Connecticut 
river. 


Aid  for  dis- 
charged female 
prisoners. 


Postage  and 
expressage  on 
documeuts. 


Department  of 
in-door  poor. 


Centennial  cele- 
bration of  the 
settlement  of 
Ohio, 


Ten  additional 
members  of  the 
district  police. 


Expenses  of  gas 
commissioners. 


twenty-five    hundred  dollars,    being  in    addition    to    the 
amounts  heretofore  appropriated  for  the  same  purpose. 

For  the  protection  of  the  town  of  Hadley  against  the 
further  encroachments  of  the  Connecticut  river  upon  said 
town,  as  provided  for  in  chapter  ninety -five  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  fifteen  thousand 
dolhirs. 

For  aiding  discharged  female  prisoners,  as  provided  for 
by  chapter  four  hundred  and  seventeen  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  seven  hundred  dollars, 
being  in  addition  to  the  twenty-three  hundred  dollars 
appropriated  by  chapter  twenty-one  of  the  acts  of  the 
present  year. 

For  the  payment  of  postage  and  expressage  on  docu- 
ments forwarded  to  the  members  and  oflicers  of  the  gen- 
eral court  under  the  direction  of  the  sergeant-at-arms,  as 
authorized  by  an  order  of  the  house  of  representatives 
adopted  May  twenty-eight  of  the  present  year,  a  sum  not 
exceeding  one  thousand  dollars. 

For  salaries  and  expenses  in  the  department  of  in-door 
poor,  a  sum  not  exceeding  five  hundred  dollars,  to  enable 
said  department  to  employ  an  additional  inspector  of  im- 
migration, made  necessary  by  the  great  increase  of  immi- 
gration at  this  port,  being  in  addition  to  the  twenty-eight 
thousand  dollars  appropriated  by  chapter  twenty-eight  of 
the  acts  of  the  present  year. 

For  expenses  in  connection  with  the  centennial  cele- 
bration of  the  settlement  of  Ohio  and  the  establishment  of 
civil  government  in  the  northwest  territory,  as  provided 
for  in  chapter  ninety-seven  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  twenty-five  hundred  dollars, 
being  in  addition  to  the  five  thousand  dollars  provided  for 
in  chapter  eighty-five  of  the  resolves  of  the  present  year. 

For  the  compensation  of  the  ten  additional  members  of 
the  inspection  department  of  the  district  police  force,  as 
provided  for  in  section  thirteen  of  chapter  four  hundred 
and  twenty-six  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  eight  thousand  seven  hundred  and  fift}'  dollars ; 
and  for  travelling  and  other  expenses  of  said  inspectors, 
a  sum  not  exceeding  three  thousand  dollars. 

For  expenses  in  connection  with  the  act  authorizing  the 
gas  commissioners  to  license  certain  gas  companies  to 
make  and  sell  water  gas  for  illuminating  purposes,  as 
authorized  by  chapter  four  hundred  and  twenty-eight  of 


1888.  —  Chapter  444.  525 

the  acts  of  the  present  year,  a  sum  not    exceeding  two 
thousand  dollars. 

.  Foi    expenses  in  connection  with  an  investigation  into  Abolition  of 
the  sjibiect  of  the  abolition  of  grade   crossings  on  rail-     ' 
loads,    as    provided    for    by    chapter  ninety-nine  of  the 
resolves  of   the  present   year,   a  sum  not  exceeding  ten 
thousand  dollars. 

For  the  purpose  of  aidino-  small  towns  to  provide  them-  school  Bnperin- 

.  .  telutfiitMi  for 

selves  with  school  superintendents,  as  authorized  by  chap-  smaii  towns. 
ter  four  hundred  and  thirty-one  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  six  thousand  dollars. 

For  the  salary  of  an  additional  clerk  in  the  office  of  the  Additional cierk 
auditor  of  the   Commonwealth,  as  authorized  by  chapter  otuce. 
four  hundred  and  thirty-two  of  the  acts  of    the  present 
year,  a  sum  not  exceeding  seven  hundred  dollars. 

For  the  purpose  of    aidins:    the  smaller  towns   in  the  Public  schools 

C,,i     .  J.'       '^2.1      •  IT  1  1  in  small  towns. 

ommonwealth  in  supportmg  their  public  schools,  as  pro- 
vided for  in  chapter  one  hundred  and  one  of  the  resolves 
of  the  present  year,  the  sum  of  forty  thousand  dollars. 

For  a  new  school  building  and  for  repairing  and  en-  state  normal 
larging  Crocker  hall  at  the  state  normal  school  at  Frain-  Framiugham. 
ingham,  as  provided  for  in  chapter  one  hundred  and  two 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifty  thousand  dollars. 

For  furnishing  ballots  to  be  sent  to  the  town  clerks  by  Ballots  to  be 
the  secretary  of  the  Commonwealth,  provided  for  by  ITevka. 
chapter  four  hundred  and  thirty-four  of  the  acts  of  the 
})resent  year,  being  an  act  to  provide  for  taking  the  vote 
upon  the  question  of  granting  liquor  licenses  in  towns  and 
for  taking  such  vote  in  cities  in  the  year  eighteen  hundred 
and  eighty-eight,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

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

Approved  May  29,  1888. 


ChapA4:i 


Ax  Act  to  supply  the  town  of  winchendon  with  water. 

Be  it  enacted^  etc. ,  as  folloios : 

Section  1.     The   town    of  Winchendon   may   supply  Town  of  win- 
itself  and  its  inhabitants  with  water  for  the  extinguish-  suppiyusci? 
ment  of  fires  and  for  domestic  and  other  purposes  ;  may  "'^^  ''''''^'■' 
establish  fountains  and  hydrants,  relocate  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. 


526 


1888.  —  Chapter  444. 


M:iy  tiike  water 
from  Upper 
Kaukeag  pond 
iu  Aehburuhuiu . 


May  take  water 
of  ponds,  etc., 
ill  Wiiicheudon. 

May  take  lands, 
etc. 


May  construct 
and  lay  down 
conduits. 


To  cause  to  be 
recorded  in  the 
registry  of 
deeds  a  descrip- 
tion of  the  land 
taken. 


Town  to  pay 
damages. 


Section  2.  The  said  town  for  the  purposes  aforesaid, 
and  for  the  purpose  of  obtaining  a  supjily  of  water,  may 
draw  a..d  convey  directly  from  Upper  Naukeag  pond,  so 
called,  situated  in  the  town  of  Ashburnhani,  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  of  Winchendon,  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  the  same 
to  any  part  of  said  town  of  Winchendon  ;  and  may  erect 
upon  the  land  thus  taken  or  held  proper  dams,  buildings, 
fixtures  and  other  structures,  and  may  make  excavations, 
procure  and  operate  machinery  and  provide  such  other 
means  and  appliances  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works ;  and  may  construct  and  lay  down  conduits,  pipes 
and  other  works  under  or  over  any  lands,  water  courses, 
railroads,  or  public  or  private  ways,  and  along  any  such 
way  in  such  manner  as  when  completed  shall  not  unnec- 
essarily obstruct  the  same ;  and  for  the  purpose  of  con- 
structing, maintaining  and  repairing  such  conduits,  pipes 
and  other  works  and  for  all  proper  purposes  of  this  act, 
said  town  may  dig  up,  raise  and  embank  any  such  lands 
or  ways  under  the  direction  of  the  board  of  selectmen  of 
the  town  in  which  any  such  ways  are  situated,  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel 
on  such  ways. 

Section  3.  The  said  town  shall  within  ninety  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  other  than  by 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  within  which  such  lands 
or  other  property  is  situated,  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  signed  by  the 
water  commissioners  hereinafter  provided  for. 

Section  4.  The  said  town  shall  pay  all  damages  sus- 
tained by  any  person  or  corporation  in  property  by  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement,  or  by  any  other  thing  done  by 


1888.  — Chapter  444.  527 

said  town  under  the  authority  of  this  act.  Any  person  May  have  dam- 
or  corporation  entitled  to  damages  as  aforesaid  under  this  t^fheiUamf^s  "^ 
act,  who  fails  to  agree  with  said  town  as  to  the  amount  of  ^.^ays/^'  '"^^' 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  l)y  law  wdien  land  is 
taken  for  the  laying  out  of  highways,  by  making  applica- 
tion at  any  time  within  the  period  of  three  years  from  the 
taking  of  such  land  or  other  jn-operty,  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  application  for  assessment  of  damages  shall 
be  made  for  the  taking  of  any  water,  water  right  or  for 
any  injury  thereto  until  the  water  is  actually  withdrawn 
or  diverted  by  said  town  under  the  authority  of  this  act. 
In  case  said  town  shall  take  from  any  owner  of  mills  or  Damages  to  miii 
other  works,  the  water  which  would  otherwise  have  been  ^wneiB,  ec. 
used  for  the  running  of  such  mills  or  works,  and  cannot 
agree  with  such  owners  as  to  the  amount  of  damages  to 
be  paid  therefor,  then  said  town  shall  l)uild,  wherever  it 
is  feasible  and  practicable  to  do  so,  compensating  reser- 
voirs, to  furnish  such  owners  with  other  water,  the  value 
of  which  shall  be  in  full  or  in  part  payment  of  any  legal 
claim  said  owners  may  make  for  damages  received  from 
the  acts  of  said  tow-n,  and  shall  be  taken  into  considera- 
tion in  any  assessment  of  damages  to  such  owners,  and 
for  that  purpose  said  tow^n  may  take  and  hold  lands, 
water,  water  sources,  rights  and  easements  in  the  manner 
herein  provided  for  taking  other  lands. 

Section  5.     The  said  town  may,  for  the  purpose  of  ^vinchendon 

^,  I      T    1  •,•,•  •  1    Water  Loan  not 

paying   the    necessary  expenses    and    liabilities  incurred  to  exceed  in  the 
under  the  provisions  of  this  act,  issue  from  time  to  time  lils^ow? 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  one  hundred  and  twenty-five  thousand  dollars  ; 
such  bonds,  notes  and  scrip  shall  henv  on  their  face  the 
words  Winchendon  Water  Loan  ;  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  thirty  years  from  the 
date  of  issue ;  shall  bear  interest  payable  semi-annually  at 
a  rate  not  exceeding  six  per  centum  per  annum,  and  shall 
be  signed  by  the  treasurer  of  the  town  and  be  counter- 
signed by  the  water  commissioners  hereinafter  provided 
for.     The  said  town  may  sell  such  securities  at  public  or  Mayscii  secmi. 
private  sale,  or  pledge  the  same  for  money  borrowed  for  llfes^nne'for 
the  purposes  of  this  act ;  but  the  same  shall  not  be  sold  '""'"^y  *><»•- 
or  pledged  for  less  than  the  par  value  thereof.     The  said 


528  1888.  — Chapter  4J4. 

town,  unless  it  avails  itself  of  the  provisions  of  section 

six,  shall  provide  at  the  time  of  contracting  said  loan  for 

Tocstabiish       the  establishment  of  a  sinkino;  fund,  and  shall  annually 

sinking  tiiud.  1      /•         1  /T*     •  -11 

contribute  to  such  lund  a  sum  sumcient,  with  the  accumu- 
lations thereof,  to  paj^  the  principal  of  said  loan  at  ma- 
turity. The  said  sinking  fund  shall  remain  inviolate  and 
pledged  to  the  payment  of  said  loan,  and  shall  be  used 
for  no  other  purpose. 
May  make  SECTION  (i.     The  Said  towu,  instead  of  establishiuof  a 

anuiuil  proper-         ...  /•        i  i  ...  ...  •  i     i 

tionatepaj-        siukins:  luud,  mav  at  the  time  oi  authorizing  said  loan, 

nieuib  iii  lieu  of  •  i^    x-        ^  i  j_    ^^i  £•    •  i  i 

slukiug  luiKi.  provide  tor  the  payment  thereoi  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 
thereafter,  until  the  debt  incurred  by  said  loan  shall  be 
extinguished,  in  the  same  manner  as  other  taxes  are 
assessed,  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Return  required       SECTION  7.     TIic  retuHi  required  bv  scction  ninety-oue 

to  (State  amount        /.i  i  ;.it-»ii'i  in  "i 

OI  Binkiug  tuud,  ot  Chapter  eleveii   ot  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  ac- 
cordance with  the   provisions  of  the  preceding  section, 
and  the  amount  raised  and  applied  thereunder  for  the 
current  year. 
Town  to  raise         Section  8.     The  Said  towu  shall  raise  annually  by  tax- 
taxation  buik-     ation    a  sum  which,  with  the  income  derived  from    the 
el^penseB^ud""'  watcr  I'atcs,  wiU  be  sufficient  to  pay  the  current  annual 
interest.  expcuscs  of  Operating  its  water  works,  and  the  interest 

as  it  accrues  on  the  bonds,  notes  and  scrip  issued  as  afore- 
said by  said  town,  and  to  make  such  contributions  to  the 
sinking  fund  and  payments  on  the  principal  as  may  be  re- 
quired under  the  provisions  of  this  act. 
Penalty  for  wii-       Section  9.     Whocvcr  wilfullv  or  wantoiilv  corrupts, 

tully  corrupting  ,,  ,.      i  '  iiii 

oraiverting  pollutcs  or  divcrts  any  ot  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  proi)erty 
owned,  held  or  used  by  said  town,  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  town  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  upon 
conviction  of  either  of  the  above  wilful  or  wanton  acts, 
shall  be  punished  by  fine  not  exceeding  three  hundred 
dollars,  or  by  imprisonment  not  exceeding  one  year. 


1888.— Chapter  444.  529 


Section  10.  The  said  town  shall,  after  its  acceptance  Board  of  water 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  elect  tob™efected." 
by  ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from  the  next 
succeeding  annual  town  meeting,  to  constitute  a  board  of 
water  commissioners  ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  l)y  lial- 
lot  for  the  term  of  three  years.  All  the  authority  granted 
to  the  town  by  this  act,  and  not  otherwise  si)ecially 
provided  for,  shall  l)e  vested  in  said  board  of  water  com- 
missioners, who  shall  be  subject  however  to  such  instruc- 
tions, rules  and  regulations  as  said  town  may  impose  by 
its  vote  ;  the  said  commissioners  shall  be  trustees  of  the  To  be  trustees 
sinking  fund  herein  provided  for,  and  a  majority  of  said  "^  ""'^">s ''"°<^- 
commissioners  shall  constitute  a  quorum  for  the  transac- 
tion of  business  relative  both  to  the  water  works  and  to 
the  sinking  fund.  Any  vacancy  occurring  in  said  board 
from  any  cause  may  be  filled  for  the  unexpired  term 
by  said  town  at  any  legal  town  meeting  called  for  the 
purpose. 

Sectiox  11.     Nothing  in  this  act  shall  be  construed  to  Ashbumham 
prevent    the  said  town    of   Asliburnham  from  supplying  fr°om taking*^ 
itself  with  water  from  said  Upper  Naukeag  pond  for  fire  uplTeVNiTSkeag 
and  domestic  purposes  and  for  generating  steam.  pon^. 

Section  12.     This  act  shall  take  effect  upon  its  accept-  subject  to 

T  .     1  r,      1  /•         •  1  />  acceptance  by  a 

ance  by  a  two-thirds  vote  of  the  voters  of  said  town  of  twotwrda  vote. 
Winchendon  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  May  29,  ISSS. 


530 


1888.  —  Chapters  1,  2,  3. 


RESOLVES. 


Chap. 


1  Resolve   authorizing   the   treasurer   to   borroav  money  in 
anticipation  op  revenue. 


Treasurer  may 
borrow  money 
in  anticipation 
of  revenue. 


Chap. 


Resolved,  That  the  treasurer  and  receiver-general  be 
and  he  is  hercb}^  authorized  to  borrow,  in  anticipation  of 
the  receipts  of  the  present  year,  such  sums  of  money  as 
may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  l^efore 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the 
purpose  and  not  otherwise  appropriated  shall  be  received 
into  the  treasur}^  Approved  January  17^  1888. 

O  Resolve  relating  to  the  damage  occasioned  by  the  burning 
OP  one  of  the  buildings  of  the  state  normal  school  at 

FRAMINGHAM,   AND    PROVIDING    FOR    THE    TEMPORARY   ACCOMMO- 
DATION  OF   THE   PUPILS   OF   SAID   SCHOOL. 

Allowance  for  Hesolvecl,  That  there  be  allowed  and  paid  out  of  the 
building  of  ti'casury  of  the  Commonwealth  the  sum  of  three  thousand 
at'^Fram'ingham.  dollars,  to  provide  for  the  payment  of  the  liabilities  in- 
curred in  order  to  secure  the  necessary  protection  from 
further  injuiy  and  waste  to  the  building  of  the  state 
normal  school  at  Framingham,  injured  l)y  fire  December 
twenty-fourth,  eighteen  hundred  and  eighty-seven,  and  to 
provide  for  the  necessary  accommodation  of  the  pupils  of 
said  school.  ApiJroved  January  26,  1888. 

Char)       S  Resolve  in   favor  of  the   widow  of  the  late  william  h. 

GRIFFITH. 

Allowance  to  Resolvecl,  That  there  l)e  allowed  and  paid  out  of  the 

William  11.        trcasuiT  of  tlic  Coiumoiiwealth  to  the  widow  of  the  late 

William  H.  Griffith,  for  seven  years  clerk  to  the  secretary 


1888.  — Chapters  4,  5,  6,  7.  531 

of  the  state  board  of  agriculture,  and  who  died  July  the 
nineteenth  in  the  year  eighteen  hundred  and  eighty-seven, 
the  sum  of  five  hundred  and  thirty-five  dollars  and  forty- 
eight  cents,  being  the  amount  of  salary  said  Grifiith  would 
have  received  had  he  lived  to  perform  service  as  clerk  as 
aforesaid  to  the  end  of  the  year  eighteen  hundred  and 
eighty-seven.  Approved  Jaimary  30,  1888. 

Resolve  kelative  to  furnishing  members  of  the  legislature  QJiqj)       A 

WITH   COPIES   OF   THE   MASSACHUSETTS  RED  BOOK. 

Resolved.)  That  the  clerks  of  the  two  branches  of  the  Members  of 
legishiture  procure  for  the  use  of  members  six  hundred  suppHeirwith  ^ 
copies  of  the  Massachusetts  red  book,  at  an  expense  not  getu^^a  bo^Jk. 
exceeding  twenty-five  cents  per  copy,  to  be  distributed 
as    follows  :    two  copies  to  each   member  of  the  senate 
and  house  of  representatives,  the  balance  at  the  discretion 
of  the  clerks.  Approved  February  1,  1888. 

Resolve  in  favor  of  the  Massachusetts  general  hospital.    Clinj)       5 

Mesolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth,  the  sum  of  eight  hundred  gewfmihos-  * 
and  one  dollars  and  fifty  cents  to  the  Massachusetts  gen-  ^"*'' 
eral  hospital,  in  payment  for  the  care  and  maintenance  of 
certain  typhoid  fever  immigrants  arriving  at  the  port  of 
Boston  on  the  steamship  Prussian,  May  tenth,  eighteen 
hundred  and  eighty-seven.      Aptproved  February  2,  1888. 


Chap.     6 


Resolve   concerning  the   commonwealth's    flats    at    south 

BOSTON. 

Resolved.)  That  the  unexpended  balance  of  the  appro-  common- 
priation  made  from  the  Commonwealth's    flats    improve-  soutu'BosfoL''* 
ment  fund  by  chapter  three  hundred  and  fourteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four  is  here- 
by appropriated  for  the  same  purposes  as  specified  in  said 
act.  Approved  February  2,  1888. 


Chap.     7 


Resolve  providing  for  re-printing  parts  of  the  annual  re- 
ports  OF  THE  BUREAU   OF  STATISTICS  OF  LABOR. 

Resolved,  That  the  chief  of  the  bureau  of  statistics  of  ^"'•'*  of 'i""""! 

•11  I'l  ii'i-  11  /•  reports  of 

labor  IS  hereby  authorized  to  publish  in  pamphlet  form,  bureau  of  eta- 

.  -,,''.  Hi  J  iij.  •  j_  tistics  of  labor 

not  exceeding  in  all  twenty  pamphlets,  various  parts  or  to  be  published 
chapters  from  the  eighteen  annual  reports  of  said  bureau  f"nu.'"'''''*' 
already  issued ;  such  chapters  or  parts  to  be  abridged  or 
condensed  as  much  as  possible,  and  to  be  those  the  most 


532 


1888.  — Chapters  8,  9,  10. 


valuable  in  the  judgment  of  said  chief.  The  edition  of 
each  pamphlet  shall  not  exceed  one  thousand  copies,  and 
the  total  cost  for  all  shall  not  exceed  twenty-live  hundred 
dollars.  Approved  Ftbruary  <9,  18S8. 

Rksolve   to  confirm  the   acts  of   henry   le  b.  wills   as   a 
commissioner  for  massachusetts  in  the  state  of  colorado. 

Resolved,  That  all  acts  done  by  Henry  Le  B.  Wills  as 
a  commissioner  for  Massachusetts  in  the  State  of  Colorado, 
between  the  sixteenth  day  of  April  and  the  sixteenth  day 
of  November  in  the  year  eighteen  hundred  and  eighty- 
seven,  are  hereby  confirmed  a'nd  made  valid  to  the  same 
extent  as  though  he  had  been  during  that  time  qualified  to 
discharge  the  duties  of  said  office. 

Ajjproved  February  8,  1S88. 

Chan  9  ^^SOLVE  in  relation  to    public     RECORDS     OF    PARISHES,  TOWNS 


Chap.     8 


Henry  Le  B. 
Wills,  comtnis- 
eioner  for  Mas- 
sachusetts in 
Colorado,  acts 
confirmed. 


AND   COUNTIES. 


Public  records 
of  parishes, 
towns  and 
counties. 


Chap,  10 

Allowance  to 
Annie  Fitz- 
gerald. 


Resolved,  That  the  commissioner  appointed  under  the 
provisions  of  chapter  sixty-five  of  the  resolves  of  the  year 
eighteen  hundred  and  eighty-four,  relating  to  public  records 
of  parishes,  towns  and  counties,  is  hereby  authorized  to 
expend  a  sum  not  exceeding  fifteen  hundred  dollars,  for 
the  purpose  of  compiling  and  tabulating  the  information 
relating  to  such  records  collected  in  accordance  with  the 
provisions  of  chapter  nineteen  of  the  resolves  of  the  year 
eighteen  hundred  and  eighty-five,  and  to  make  the  report 
in  print  called  for  by  said  resolves. 

Approved  Fehriiary  9,  1888. 

Resolve  in  favor  of  annie  fitzgerald  of  north  adams. 

Resolv(d,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  from  the  first  day  of 
January,  eighteen  hundred  and  eighty-eight,  to  Annie 
Fitzgerald  of  North  Adams,  an  annuity  of  one  hundred 
dollars  for  the  term  of  five  years,  to  be  used  by  her  in 
supporting  James  Haggerty,  the  minor  son  of  the  late 
Patrick  Haggerty  who  was  killed  in  the  Hoosac  Tunnel 
on  the  eleventh  day  of  January,  eighteen  hundred  and 
eighty-five,  while  in  the  employ  of  the  Commonwealth,  to 
be  paid  in  equal  quarterly  instalments  ;  said  annuity  shall 
cease  should  the  said  James  Haggerty  die  before  the  ex- 
piration of  the  time  provided  in  this  resolve. 

Approved  February  13,  1888. 


1888.  —  Chapters  11,  12,  13,  14.  533 


Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in  (JJidn,   W 

MASSACHUSETTS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Aiiowauceto 
treasury  of  the   Commonwealth   to  the   trustees    of  the  soldiers'  home 


in  Maasachu- 
setts. 


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

Approved  February  16,  1SS8. 

Resolve   confirming    the    acts    of    james   b.   carroll    as   a  (JJiap.   12 

JUSTICE    OF  THE  PEACE. 

Resolved,  That  all  acts  done  by  James  B.  Carroll  of  Slus^ic^o"/ 
Springfield  as  a  justice  of  the  peace,  between  the  foi"'- ^0^,^^^°^ ''*''* 
teenth  day  of  Septemljer  in  the  year  eighteen  hundred 
and  eighty-seven  and  the  nineteenth  day  of  January  in  the 
year  eighteen  hundred  and  eighty-eight,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the^  duties 
of  said  office.  Approved  February  17,  1888. 

Resolve    providing   for    printing    three    thousand     extra  Q]i(xrf.   13 
COPIES  of  the  thirty-fifth  annual   report   of   the   secre- 
tary of  the  state  board  of  agriculture. 

Resolved,  That  there  be  printed  three  thousand  extra  Report  of  sec- 
copies  of  the  thirty-fifth  annual  report  of  the  secretary  of  of  agHcuitu?J, 
the  state  board  of  agriculture,  to  be  placed  in  the  hands  jj^priS^*'' 
of  the  secretary  of  said  board  for  distribution. 

Approved  February  21,  1888. 

Resolve  in  favor  of  the  soldiers  messenger  corps.  Chav.    14 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  to  the  disabled  soldiers  gengercoi-pB". 
employment  bureau,  a  sum  not  exceeding  eight  hundred 
dollars  ;  the  same  to  be  expended  under  the  direction  of 
the  adjutant-general.     Three  hundred  dollars  of  said  sum 
shall  be  allowed  for  superintendence  of  said  bureau. 

Aptproved  February  21,  1888. 


534:  1888.  —  Chapters  15,  16,  17,  18,  10. 


(JTlCtT).   15  Resolve    providing    for    printing    fifteen   thousand    extra 

COPIES   OF   THE  report   OF   THE     MASSACHUSETTS     AGRICULTURAL 
EXPERIMENT   STATION. 

Musslchu/e'tu  Resolved,  That  there  be  printed  fifteen  thousand  extra 
agiicuituiai  copies  of  the  report  of  the  Massachusetts  agricultural  ex- 
etatfon?extia  periuieut  statiou,  the  same  to  be  bound  with  the  report  of 
prCited."^^       the  secretary  of  the  board  of  agriculture. 

Approved  February  21,  1888. 

CJlO/p.   16  Resolve  concerning  the  erection  of  a  memorial  to  crispus 

ATTUCKS   AND   OTHERS. 

crrp"""^  Auucks      Besolved,  That  chapter  fifty-three  of  the  resolves  of  the 

and  others.        year  eighteen  hundred  and  eighty-seven,  be  and  hereby  is 

amended  by  striking  out  the  word  "  Jonas  "  and  inserting 

in   place  thereof  the  word:  —  James,  —  so  that  it  shall 

read  James  Caldwell  instead  of  Jonas  Caldwell. 

Approved  February  21,  1888. 

ChttJ},   17  Resolve   providing  fob  printing    additional  copies  of  the 

REPORT   OF  THE   GENERAL   SUPERINTENDENT  OF   PRISONS. 

^ai" 8u  eri?r°'  Resolved,  That  there  be  printed  five  hundred  additional 

ttiident  of  copies   of  tlic   rcport  of  the    general  superintendent   of 

copies Vbe"^*  prisons,  to  be  distributed  by  that  oflScer. 

^'"*^  ■  Aj)proved  February  21,  1888. 

Chan.   18  Resolve  providing  for  printing    one   thousand   additional 

COPIES   OF  THE   REPORT     OF    THE    TRUSTEES    OF    THE    MASSACHU- 
SETTS  AGRICULTURAL   COLLEGE. 

Massachusetts         Resolved,  That  one  thousand  additional  copies  of  the 

agricultural  <>i  f      ^  -x  t  ^  •        t  i 

college,  extra  rcport  ot  tlic  trustccs  ot  the  Massachusetts  agricultural 
'^A^inx^ieJslT  collcgc  bc  printed  and  placed  in  the  hands  of  said  trustees 
be  printed.         ^^^  distribution.  Approved  February  23,  1888. 

Cho.7)-   10  Resolve  in  favor  of  william  johnson. 

w/mam°^  Resolved,  That  William    Johnson    of  Nantucket,  who 

johuson.  enlisted  at  New  Bedford  in  the  United  States  nav}-  on  the 

twenty-first  day  of  August  in  the  year  eighteen  hundred 
and  sixty-two,  and  was  honorably  discharged  therefrom 
on  the  second  day  of  June,  eighteen  hundred  and  sixty- 
three,  shall,  from  and  after  the  first  daj^  of  Januaiy,  eight- 
een hundred  and  eighty-eight,  be  eligible  to  receive  mili- 
tary aid,  under  the  provisions,  rules  and  limitations  of 
chapter  thirty  of  the  Public  Statutes,  in  the  same  manner 


1888.  —  Chapters  20,  21,  22,  23.  535 

and  to  the  same  extent  that  he  wouhi  have  Ijeen  if  he  had 
been  credited  to  some  city  or  town  of  this  Commonwealth. 

Approved  February  27,  1888. 

Resolve  in  favor  of  henry  tkedo.  Chcin.   20 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  Henry  Tredo,  the  sum  '""^ 
of  two  hundred  dollars  in  full  compensation  for  injuries 
received  while  assisting  in  saving  from  loss  by  fire  the 
building  known  as  Crocker  hall,  belonging  to  the  Com- 
monwealth, at  the  state  normal  school  at  Framingham,  on 
the  twenty-fourth  day  of  December  in  the  year  eighteen 
hundred  and  eighty-seven. 

Approved  February  27,  1888. 

Resolve  in  favor  of  timothy  murphy.  (Jhan.   21 

Resoh-ed,  That  during  the  period  of  five  years  from  Annuity  to 
the  first  day  of  January  in  the  year  eighteen  hundred  and  Muiph/. 
eighty-eight,  an  annuity  of  two  hundred  dollars  be  allowed 
and  paid  to  Timothy  Murphy,  in  equal  quarterly  pay- 
ments, for  injuries  sustained  at  the  Hoosac  tunnel  while 
in  the  employ  of  the  Commonwealth.  This  annuity  shall 
cease  in  the  event  of  the  death  of  said  Timothy  Murphy 
prior  to  the  expiration  of  said  period  of  five  years. 

Approved  February  27,  1888. 

Resolve  in  favor  of  the  Massachusetts  charitable  eye  and  Hhfj^^    09 
ear  infirmary.  ^ 

Resolved,  That  the  sum  of  fifteen  thousand  dollars  be  Allowance  to 
allowed    and   paid   from   the   treasury  of  the    Common-  chtHtabTeye 
wealth    to    the    Massachusetts    charitable    eye    and    ear  ArlJiaiy.'"' 
infirmary,  to  be  expended  under  the  direction  of  the  man- 
agers thereof,  for  the  charital)le  purposes  of  said  infirmary 
for  the  present  year ;  and  the  said  managers  shall  make 
report  of  such  expenditure  to  the  state  board  of  lunacy 
and   charity.  Approved  February  29,  1888. 

Resolve  providing  for  printing  five  hundred  extra  copies  njin))    93 
of  the  report  of  the  state    board    op    health  on    the 
protection  of  the  purity  of  inland  waters. 

Resolved,  That   there    be    printed   five   hundred  extra  Report  on  pro- 
copies  of  the  report  of  the  state  board  of  health  on  the  ]TM^n!i  '"""^ 
protection  of  the  purity  of  inland  waters,  for  the  use  of  c^Ju^lo IT' 
said  board.  Approved  March  G,  1888.      i"""^"''- 


536  1888.  — CiiAPTEiis  2i,  25,  2G. 


Chap. 


2i  Resolve  providing  for  the   printing    of    twelve    hundred 

EXTRA   copies   OF   THE   REPORT   OF  THE   BOARD   OF  REGISTRATION 
IN   DENTISTRY. 

Board  of  regiH-       Hesolved,  That  there  be  printed  twelve  hundred  extra 

tration  in  den-  •  <•      i  r»      i        i  i        ^  •  •         t 

ti^try.  extra       coDies  oi  the  rcDort  of  the  board  of  reo^istration  in  den- 
copies  of  report    ..■,  o       a\  /••ii  i 

to  be  printed,     tistrj,  lor  the  use  OI  said  board. 

Approved  March  6,  1888. 

ChttJ).   25  Resolve  providing  for  the  printing  of  the  laws  relating 

TO    ELECTIONS. 

Laws  relating  to      Resolvpcl,    That   the    secretary    of  the    Commonwealth 

elections  to  be  in  i  ii-t^i  i- 

printed  and  die-  shall  cause  to  be  prepared  and  printed  five  thousand  copies 

tributptl  1         1  J.  1. 

of  a  pamphlet  containing  the  acts  passed  at  the  present 
session,  relating  to  elections,  together  with  the  provisions 
of  the  Public  Statutes  and  other  laws  now  in  force  relating 
to  elections,  with  proper  notes  and  references  and  a  com- 
plete index  in  such  form  as  may  be  convenient  for  pres- 
ervation and  use  in  the  several  cities  and  towns  of  the 
Commonwealth  ;  one  copy  to  be  furnished  to  each  mem- 
ber of  the  present  legislature,  and  as  many  copies  to  each 
city  and  town  clerk  as  shall  be  necessary  to  enal^le  him  to 
retain  one  copy  for  his  own  use,  one  copy  in  his  office  for 
the  use  of  the  public,  and  to  furnish  two  copies  for  the 
use  of  the  board  of  registrars  of  voters  and  two  copies 
for  the  use  of  the  election  officers  in  each  voting  precinct. 

Approved  March  8,  1888. 

ChctJ).   2G  Resolves  providing  for  the  publication  of  certain  special 

LAWS. 

Volume  of  I?esolved,  That  the  special  acts  of  this  Commonwealth, 

special  laws  to  i     f  t  i  i-iiiii 

be  printed.  passcd  u'om  the  year  one  thousand  eight  hundred  and 
eighty-two  to  the  year  one  thousand  eight  hundred  and 
eighty-eight,  inclusive,  be  collated  and  published  under 
the  direction  of  the  secretary  of  the  Commonwealth,  in  a 
volume  as  nearlj^  as  may  be  in  conformity  with  the  man- 
ner and  size  of  the  volume  of  special  laws  last  printed. 

Distribution.  Jiesolved,  That  fifteen  hundred  copies  of  the   volume 

aforesaid  shall  be  printed  and  shall  be  distributed  as  fol- 
lows :  one  hundred  copies  for  the  use  of  the  various  state 
offices  and  committee  rooms,  and  for  the  two  houses  of 
the  legislature  ;  one  copy  to  each  member  of  the  present 
general  court ;  one  cop^^  to  each  of  the  judges  of  the 
supreme  judicial  and  superior  courts  and  each  judge  of 


1888.  —  Chapters  27,  28.  537 

probate  and  insolvency  ;  two  hundred  copies  for  the  state 
library,  six  copies  of  which  shall  be  preserved  ii})on  the 
shelves,  and  the  residue  shall  be  used  in  exchanges  ;  one 
copy  to  each  city  and  town  in  the  Commonwealth,  to  be 
placed  in  the  city  or  town  liln-ary,  when  such  library 
exists  therein  ;  one  copy  to  each  public  and  incorporated 
library  in  the  Commonwealth,  other  than  a  city  or  town 
library  ;  one  copy  to  each  registry  of  deeds ;  one  copy  to 
the  clerk  of  the  courts  in  each  county  ;  fifty  copies  to  be 
retained  in  the  office  of  the  secretary  of  the  Common- 
wealth ;  and  the  remaining  copies  to  be  disposed  of  by  ^J^'Pfj"^".^  , , 
the  secretary  of  the  Commonwealth  to  individual  pur-  at  cost. 
chasers  at  cost,  the  money  received  therefor  to  be  paid 
into  the  treasury  of  the  Commonwealth :  provided,  that  Proviso. 
no  copies  shall  be  sold  for  the  purposes  of  re-sale.  The 
secretary  shall  cause  to  be  pasted  on  the  inside  of  the 
cover  of  each  copy  delivered  by  him  to  any  public  officer 
for  the  use  of  his  office,  a  paper  describing  said  fjict,  and 
that  such  copy  is  to  be  transmitted  by  the  present  incum- 
bent, at  the  expiration  of  his  term  of  office,  to  his  suc- 
cessor in  such  office.  Approved  March  8,  1888. 

Resolve  in  favor  of  fanny  koss.  .  Chuj).   27 

Resolved,  That  there  be  allowed  and  paid  out  of  the  F^jj^'.^R^fs*" 
treasury  of  the  Commonwealth  to  Fanny  Ross  of  Cam- 
bridge, widow  of  the  late  Michael  Ross  who  w^as  a  mem- 
ber of  company  B,  forty-seventh  regiment  of  Massachusetts 
volunteers,  and  re-enlisted  in  the  fifty-ninth  regiment  and 
died  in  camp  before  being  mustered  in  on  said  re-enlist- 
ment, an  annuity  of  two  hundred  dollars  for  the  term  of 
three  years  from  the  first  day  of  January  in  the  year  eight- 
een hundred  and  eighty-eight,  payable  in  equal  quarterly 
instalments.  Apjyroved  March  8,  1888. 

Resolve  in  favor  of  melanie  demasener.  Chcip.   28 

Resolved,  That  Melanie  Demasener  of  Cambridge,  in  tavoi  of 
Massachusetts,  widow  of  Franz  J.  Demasener  who  served  Demasener. 
in  company  H,  thirtieth  regiment,  Massachusetts  volun- 
teers, in  the  war  of  the  rebellion,  shall,  from  and  after  the 
first  day  of  February,  eighteen  hundred  and  eighty-eight, 
be  eligible  to  receive  military  aid  under  the  provisions, 
rules  and  limitations  of  chapter  thirty  of  the  Public  Stat- 
utes and  amendments  thereto,  in  the  same  manner  and  to 
the  same  extent  that  she  would  have  been  had  she  resided 


538  1888.  — Chapters  20,  30,  31,  32. 

in  Massachusetts  on  and  prior  to  April  twenty-third,  eight- 
een hundred  and  sixty-six.       A2)2yroved  March  14,  18S8. 

Chap,  29  Resolve  providing  for  certain  repairs  and  improvements  at 

THE   STATE   INDUSTRIAL   SCHOOL   FOR   GIRLS. 

^rte'In"u8tr*iai  Rcsolved,  That  there  be  allowed  and  paid  out  of  the 
school  for  girls,  trcasuiy  of  the  Commonwealth,  a  sum  not  exceeding  four 
thousand  dollars,  to  be  expended  at  the  state  industrial 
school  for  girls  at  Lancaster,  under  the  direction  of  the 
superintendent  and  trustees,  for  the  purpose  of  completing 
the  plumbing  and  the  laying  of  suitable  drain  pipes  at  said 
institution.  Approved  Marcli  14,  1888. 

Ghap.  30  Resolve  in  favor  of  the  city  of  Springfield. 

dil°o7spd^og.        Resolved,  That  there  be  allowed  and  paid  out  of  the 

field.  treasury  of  the  Commonwealth  to  the  city  of  Springfield, 

the  sum  of  seventy-two  dollars  and  forty-four  cents,  as 

reimbursement  to  said  city  for  money  expended  for  the 

support  of  the  family  of  Adam  Defuer,  insane  state  pauper. 

Approved  Marcli  14,  1888. 

Chap.  31  Resolve  in  favor  of  orestes   m.  pratt,  george  e.  wortuen, 

CHARLES   WILSON,  CHARLES   H.  RICHARDSON,  MARTIN   H.   LEIGHTON 
AND   FRANK   E.   CLEAVELAND. 

oristeTM!  Rcsolved,  That  there  be  allowed  and  paid  out  of  the 

Pratt,  George     trcasury   of  the  Commonwealth,    to   Orestes    M.   Pratt, 
Charles  Wilson,  Geoi'gc  E.  Worthcii  and  Charles  Wilson,  officers  of  com- 
Ridi^a^rdson,       pany  C,  sixth  regiment,  Massachusetts  militia,  the  sum  of 
^nlnd^Fraill'''  0^^  huudrcd  dollars  each  ;  to  Charles  H.  Richardson  and 
E.  oieaveiand.    Martin  H.  Lcigliton,  officers  of  company  G,  of  said  regi- 
ment, the  sum  of  seventy-five  dollars  each,  and  to  Frank 
E.  Cleaveland  an  officer  of  said  company  G,  the  sum  of 
fifty  dollars,  to  compensate  them  for  uniforms  and  equip- 
ments destroyed  by  fire  in  their  armories  at  Lowell  on  the 
night  of  January  eleventh  of  the  present  year. 

Approved  March  14,  1888. 

Chap.  32  Resolve  authorizing  the  state  board  of  education  to  con- 
sider THE  EXPEDIENCY  OF  PROVIDING  FOR  THE  TENURE  OF 
OFFICE  OF  SUPERINTENDENTS  OF  SCHOOLS  IN  CITIES,  AND  TOWHS 
OF   TEN  THOUSAND   AND   MORE  INHABITANTS. 

Board  of  educa-      Resolvcd,  That  the  state  board  of  education  be  and  they 

tion  to  consider  ,  ,      t     ,  'iji  t  /? 

expediency  of     are  hereby  rcqucstcd  to  consider  the  expediency  or  pro- 
tenilreof^ office  vidiug  by  law  for  the  tenure  of  office  of  superintendents 


1888.  — Chapteks  33,  34,  35.  539 

of  schools  in  cities,  and  towns  of  ten  thousand  and  more  of  wip^enntend. 
inhabitants,  and  to  report  in  print,  separate  from  their 
general  report,  to  the  next  general  court  at  the  beginning 
of  the  session,  with  such  recommendations  concerning  the 
matter  as  they  may  deem  wise. 

Approved  3 f arch  16,  1888. 


Resolve    providing   for    printing    fifteen   hundred    extra  (JJiQp^   33 

COPIES     OF     the    annual     REPORT     OF     THE     STATE     BOARD      OF 

arbitration. 

Resolved,  That   fifteen   hundred   extra   copies    of  the  state  board  of 
annual  report  of  the  state  board  of  arbitration  for  the  year  extra  copies  of 
eighteen  hundred  and  eighty-seven  be  printed,  to  be  dis-  p'iTnted° 
tributed    under   the    direction    of   said   board,   and    five 
hundred  of  said  copies  to  be  bound  in  muslin. 

Approved  3farch  16,  1888. 

Resolve  providing  for  the  erection  of  additional  houses  (JJi(jp^  34 
for   the    use    of  the  officers    at   the  state    prison    at 
boston. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 

.  /•ji/^  lii  j_  T  houses  for  use 

treasury    oi   tiie    Commonwealth,   a   sum   not   exceedmg  of  officers  at 
twenty-five  thousand  dollars,  to  be  expended  under  the ''''^*' p"'°"- 
direction  of  the  warden  with  the  approval  of  the  commis- 
sioners of  prisons,  for  the  construction  of  not  less  than  six 
houses  for  the  use  of  the  officers  at  the  state  prison  at 
Boston.  Apjjroved  3£arc7i  19,  1888. 


Chap,  35 


Resolve  in  relation  to  the  topographical  survey  and  map 
of  massachusetts. 

R(-solved,  That  there  be  allowed  and  paid  out  of  the  Topocraphicai 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  nine  of'th(f8'tat''e.°'^^ 
thousand  dollars,  which  sum  may  be  expended  by  the 
commissioners  on  the  topographical  survey  and  map  of 
Massachusetts,   for  the  determination  by  triangulation  of 
the  boundary  lines  of  the  cities  and  towns  of  this  Com-  Boundary  lines 
mon wealth.     Of  said  sum,  not  exceeding  eight  thousand  °^  'o"'°*- 
dollars  is  for  continuing  the  work  during  the  present  year, 
and   one   thousand   dollars  to  meet    a  deficiency   in  the 
expenses  of  the  year  eighteen  hundred  and  eighty-seven. 

Approved  March  19,  1888. 


540  1888.  — CHArTERS  36,  37,  38,  39. 


Chcip.  36  Resolve  confirming  the  acts  of  francis  c.  welch  as  a  jts- 

TICE   OF  THE  PEACE. 

Francis  c.  Resolved,  That  all  acts  done  by  Francis  C.  Welch  as  a 

Welch,  justice       ..^,  ,       "^  n  ^  c    -r 

of  the  peace,      lusticc  of  the  pcacc,  between  the  twenty-first  day  oi  flan- 
acts  contirined.    ''  ..i  •    ^  ,  ^  ii  i-ij  i 

uary  in  the  year  eighteen  hundred  and  eighty-seven  and 
the  eleventh  day  of  February  in  the  year  eighteen  hun- 
dred and  eighty-eight,  are  hereby  confirmed  and  made 
valid  to  the  same  extent  as  though  he  had  been  qualified 
during  that  time  to  discharge  the  duties  of  a  justice  of  the 
peace.  Approved  March  19,  1888. 

Chcin.  37  Resolve    providing    for   extra  clerical    assistance  in  the 

OFFICE   OF  THE  INSURANCE   COMMISSIONER. 

SitliiTe  fn  office      Itesolved^  That  the  insurance  commissioner  be  and  he 
of  insurance       is  hereby  authorized  to  expend  for  clerical  assistance  in 

commiaBioner.      ^  •       -i  .  i     -i        •  j-\  a  a  i 

his  department  during  the  present  year  a  sum  not  exceed- 
ing;  thirteen  hundred  dollars  in  addition  to  the  amount 


'& 


now  provided  for  by  law.  Ajyproved  March  20,  1888. 

Chaj).  38  Resolve  to  confirm  the  acts  of  george  w.  estabrook  as  a 

NOTARY  PUBLIC. 

EstalfoS  Resolved,  That  all  acts  done  by  George  W.  Estabrook 

notary  public     as  a  notary  public  within  and  for  the  county  of  Suffolk, 

acts  couhrmed.  ii-.ii  ("ti'i  -i 

between  the  thirtieth  day  ot  July  in  the  year  eighteen 
hundred  and  eighty-two  and  the  eighth  day  of  August  in 
the  year  eighteen  hundred  and  eighty-seven,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  though 
he  had  been  during  that  time  qualified  to  discharge  the 
duties  of  said  office.  Approved  March  20,  1888. 

ChciV'  39  Resolve  relative  to  prosecuting  certain  claims  of  the  com- 
monwealth AGAINST  THE  UNITED  STATES. 

Prosecution  of        Resolved,  That   the  o:overnor  and    council  are  hereby 

war  claims  I'l  ^  \  f      ^        /-^  i. 

.against  the  authorizcd  to  employ  the  agent  oi  the  Commonwealth  tor 
the  prosecution  of  war  claims  against  the  United  States, 
to  prosecute  also  the  claim  of  the  Commonwealth  for  a 
refund  of  the  direct  tax  paid  under  act  of  congress  ap- 
proved August  fifth  in  the  year  eighteen  hundred  and 
sixty-one,  and  of  the  interest  paid  upon  Avar  loans  during 
the  period  from  eighteen  hundred  and  sixty-one  to  eight- 
een hundred  and  sixty-five,  also  to  fix  his  compensation 
which  shall  be  paid  out  of  any  amount  received  therefrom. 

Approved  March  20,  1888. 


1888.  — Chapters  40,  41,  42,  43.  541 


Resolve  vkovidixg  for  the  payment  of  current  expenses  at  Qhnjy    M\ 

THE  WESTBOKOUGH   INSANE   HOSPITAL   AT   WESTBOROUGH.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six-  pense" atwest- 
teen  thousand  dollars,  for  the  purpose  of  meeting  current  hoBpluh'"^^"^ 
expenses    at   the  AVestborough  insane  hospital  at  West- 
borough,  for  the  year  eighteen  hundred  and  eighty-eight ; 
the  same  to  be  expended  under  the  direction  of  the  trus- 
tees of  said  institution.  Approved  March  21,  1888. 

Resolve  in  favor  of  the  standish  monument  association.  Clinn  41 
Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth,  the  sum  of  six  thousand 
dollars  to  the  Standish  monument  association,  a  corpora- 
tion established  under  the  laws  of  this  Commonwealth,  to 
complete  the  Standish  monument,  including  the  statue  of 
Miles  Standish,  in  the  town  of  Duxbury  :  provided,  that 
no  part  of  the  said  six  thousand  dollars  shall  be  paid  to 
the  association  until  satisfactory  evidence  has  been  fur- 
nished to  the  State  auditor  of  the  completion  of  said 
monument  and  statue  ;  and,  provided,  farther,  that  the 
said  monument  and  statue  shall  be  completed  prior  to 
January   tirst  in  the  year  eighteen  hundred  and  ninety. 

Approved  March  22,  1888. 


Standish  monu- 
ineut. 


Chajy.  42 


Resolve  in  addition  to  a  resolve  relating  to  sewage  dis- 
posal IN  THE  MYSTIC  AND  CHARLES   RIVER  VALLEYS. 

Resolved,  That  there  be  allowed   and  paid  out  of  the  investigation 
treasury    of  the    Commonwealth,   a   sum    not    exceeding  gewaae^msposai 
fifteen  thousand  dollars,  to  be  expended  under  the  direc-  cija^ijosdv^ 
tion  of  the  state  board  of  health  in  continuing  the  inves-  vaiieys. 
tigations  relating  to  sewage  disposal  in  the  Mystic  and 
Charles  river  valleys  as  authorized  by  chapter  ninety-five 
of  the  resolves  of  the  year  eighteen  hundred  and  eighty- 
seven  ;  said  amount  being  in  addition  to  the  ten  thousand 
dollars  provided  for  in  »aid  resolve. 

Approved  March  22,  1888. 

Resolve  in  favor  of  louis  a.  kent.  Chnn    4S 

Resolved,  That  Louis  A.  Kent  of  Boston,  and  at  date  in  favor  of 
of  enlistment  a  citizen  of  Massachusetts,  who  served  in  ''Oui«  a.  Kent. 
the  United  States  navy  in  eighteen  hundred  and  sixty-four 
and   eighteen   hundred   and   sixty-five,    is   hereby   made 


542  1888.  —  CH.VPTERS  44,  45. 

eligible  to  receive  military  aid  under  the  provisions,  rules 
and  limitations  of  chapter  thirty  of  the  Public  Statutes, 
in  the  same  manner  and  to  the  same  extent  that  he  would 
have  been  had  he  served  to  the  credit  of  Massachusetts. 

Apjyroved  March  23,  1888. 

Ohan    44  Resolve  in  favor  of  Stephen  f.  sullivan. 

Stephen  F.  Resolvecl,  That  Stephen  F.  Sullivan  of  Lynn,  who  en- 

receiveaeoi-  llstcd  on  the  nineteenth  day  of  November  in  the  year 
dier  6  bounty,  gigi^^een  huudrcd  and  sixt^'-three,  in  company  H,  second 
regiment  heavy  artillery,  Massachusetts  volunteers,  and 
served  to  the  credit  of  said  Lynn  until  the  date  of  his 
discharge,  on  the  twelfth  day  of  July  in  the  year  eighteen 
hundred  and  sixty-five,  and  who  has  furnished  satisfac- 
tory evidence  that  he  was  suffering  under  a  disability 
contracted  in  the  service  at  the  time  of  his  discharge, 
although  the  fact  of  said  disability  is  not  shown  by  his 
discharge  papers,  is  entitled  to  the  bounty  provided  for 
under  the  provisions  of  chapter  eighty-four  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six  and  the  acts  to 
which  it  is  in  addition,  being  at  the  rate  of  twenty  dollars 
per  month  for  six  months  after  the  date  of  his  discharge, 
and  interest  on  the  same,  amounting  to,  in  all,  the  sum  of 
two  hundred  and  fifty-three  dollars ;  and  said  sum  is  here- 
by allowed  to  be  paid  out  of  the  bounty  loan  sinking  fund 
as  provided  for  in  chapter  one  hundred  and  twelve  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-two. 

Ax)proved  March  23,  1888. 


George  White. 


Oh  art    4^1  Resolve  m  favor  of  george  white. 

Allowance  to  Hesolvecl,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  George  White,  the  sum 
of  one  hundred  and  eighty-one  dollars,  the  same  being  for 
his  services  rendered  as  acting  judge  of  probate  and  in- 
solvency for  the  county  of  Plymouth  from  August  eigh- 
teenth to  September  twenty-first  inclusive,  in  the  year 
eighteen  hundred  and  eighty-seven,  there  being  during 
said  time  a  vacancy  in  the  oflice  of  judge  of  probate  and 
insolvency  for  said  county  of  Plymouth  caused  hy  the 
death  of  Jesse  E.  Keith,  judge  for  said  county. 

Approved  March  27,  1888. 


1888.  — Chapters  46,  47,  48.  543 


Resolve  providing  fok   the  publicatiox  ok  a  digest  of  the  (JJkij),   46 
decisions  of  the  hoard  of  railroad  commissioners. 
Bexoli-ed,  That  the  board  of  railroad  commissioners  be  Digest  of  deci- 

...  .  .  ,.  I       810U8  of  the 

authorized,  it  they  deem  it  expedient,  to  secure  tor  pub-  board  of  raii- 
lication  a  digest  of  the  decisions  of  said  board  and  to  sionerstobe 
have  one  thousand  copies  thereof  printed  :  provided,  that  Sou.^"'"^''^" 
the   expense  of  the  preparation  of  said  digest  shall  not 
exceed  two  hundred  and  tifty  dollars,  which  expense  to- 
gether with  the  cost  of  printing  shall   be   borne  by  the 
several    corporations    owning    or   operating   railroads   or 
street  railways,  as  provided  in  section  twelve  of  chapter 
one  hundred  and  twelve  of  the  Public  Statutes. 

Approved  March  27,  18S8. 


Resolve   to  confirm   the   acts  of   henry  walker  as  .tustice  QJkij)^   47 
OF  the  peace. 

Resolved,  That  all  acts  done  by  Henry  Walker  as   a  Henry  waiker, 
justice  of  the  peace,  ])etween  the  seventh  day  of  January  p"lce? acts  con- 
in  the  year  eighteen  hundred  and  eighty-five  and  the  third  *''''"'*'^- 
day  of  February  in  the  j^ear  eighteen  hundred  and  eighty- 
eight,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  been  during  that  time  qualified 
to  discharge  the  duties  of  said  office. 

Approved  March  28,  1888. 

Resolve  in  f-avor  of  william  and  mary  reardon.  Ohnrt    48 

Resolved,  That  William  and  Mary  Reardon,  residents  in  favor  of 
of  Boston,  Massachusetts,  father  and  mother  of  Patrick,  MalyTeardon. 
John  J.  and  Dennis  H.  Reardon  who  severally  served  in 
the  United  States  navy,  to  the  credit  of  Massachusetts  in 
the  late  war  of  the  rebellion,  shall,  on  and  after  the  first 
day  of  March,  eighteen  hundred  and  eighty-eight,  be 
eligible  to  receive  military  aid  under  the  provisions,  rules 
and  regulations  of  chapter  thirty  of  the  Public  Statutes 
and  the  amendments  thereto,  in  the  same  manner  and  to 
the  same  extent  they  would  have  been  had  they  drawn  aid 
prior  to  the  eleventh  day  of  April,  eighteen  hundred  and 
sixty-seven,  and  had  been  precluded  therefrom  hj  the 
provisions  of  the  act  of  that  date. 

Approved  March  29,  1888. 


54A  1888.  —  Chapters  49,  50,  51. 


Choi)    49  Resolve  in  favok  of  thomas  fitzmaukke. 

'i°hom°'^r  JResolved,    That    Thomas    Fitzmauvice,    a    resident    of 

maurice.  Cambridge,  Massachusetts,  and  father  of  Thomas'F.  Fitz- 

maurice  who  served  in  the  United  States  navy  to  the 
credit  of  ^Massachusetts  during  the  war  of  the  rel)eIlion, 
and  who  died  in  said  service,  shall,  on  and  after  the  tirst 
day  of  March,  eighteen  hundred  and  eighty-eight,  be 
eligible  to  receive  military  aid,  under  the  provisions,  rules 
and  regulations  of  chapter  thirty  of  the  Pul)lic  Statutes 
and  the  amendments  thereto,  in  the  same  manner  and  to 
the  same  extent  that  he  would  have  l)een  had  he  drawn 
state  aid  prior  to  the  eleventh  day  of  April,  eighteen  hun- 
dred and  sixty-seven,  and  had  been  precluded  therefiTtm 
by  the  provisions  of  the  act  of  that  date. 

Approved  April  5,  1888. 


Chap.  50 


Resolve  providing  for  certain  changes  and  improvements 

AT   the   TAUNTON   LUNATIC   HOSPITAL. 

Allowance  for  Resolved^  That  there  be  allowed  and  paid  out  of  the 
Lte^'.'^atthe''"^^'  treasury  of  the  Commonwealth,  a  sum  not  exceeding  ten 
hrpilah '""''"'' thousand  five  hundred  dollars,  to  be  expended  at  the 
Taunton  lunatic  hospital  at  Taunton,  under  the  direction 
of  the  trustees,  for  the  following  purposes,  to  wit :  —  For 
the  purpose  of  building  a  new  pump  house,  a  sum  not 
exceedinir  two  thousand  live  hundred  dollars  :  for  chanoes 
of  water  closets  and  bath  rooms,  a  sum  not  exceeding  tive 
thousand  five  hundred  dollars  ;  for  new  floors,  a  sum  not 
exceeding  one  thousand  dollars  ;  and  for  building  certain 
partitions  that  a  part  of  two  wards  may  l^e  set  apart  on 
the  male  and  female  sides  for  hospital  purposes,  and  to 
provide  suitable  and  adequate  heating  and  ventilating  ap- 
paratus for  the  same,  a  sum  not  exceeding  one  thousand 
five  hundred  dollars.  Approved  April  3,  1888. 

C^hnn     ^1  Resolve  in  favor  of  eosanna  gaffney. 

In  favor  of  Besolved,    That   Rosanna  Gaffney,  widow  of  Patrick 

fiafeTey*.  GafFncy  who  served  in  company  E,  ninth  ^Massachusetts 

infantry,  during  the  war  of  the  rebellion,  and  who  died  in 
Boston  February  eight,  eighteen  hundred  and  eighty- 
eio-ht,  in  receipt  of  a  United  States  pension  and  the  state 
aid  of  this  state,  shall  from  and  after  the  first  day  of 
March,  eighteen  hundred  and  eighty-eight,  be  eligible  to 
receive  state  aid,  under  the  provisions,  rules  and  regula- 


1888.  —  Chapters  52,  53,  54.  545 

tions  of  chapter  thirty  of  the  Public  Statutes,  in  the  same 
manner  and  to  the  same  extent  that  she  would  have  been 
had  she  resided  in  Massachusetts  on  and  prior  to  April 
twenty-third,  eighteen  hundred  and  sixty-six. 

Approved  April  5,  1S88. 

Resolve  providing  for  printing  additional  copies  ok  the  Q/iq^^   52 
report  of  the  commissioners  of  the  state  topographical 
survey  for  the  year  eighteen   hundred  and  eighty-seven. 

Resolved,  That  there  be  printed  one  thousand  addi-  J'iJphicauur- 
tional  copies  of  the  report  of  the  commissioners  of  the  vey,  extra 
state  topographical  survey  for  the  year  eighteen  hundred  of  commission 
and  eighty-seven,  for  the  use  of  that  commission. 

Approved  April  4,  1888. 

Resolve  in  favor  of  owen  mcdonald.  Chat)     53 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  and 
treasury  of  the  Commonwealth  to  Owen  McDonald  of  McDonaw.  "^^^ 
Lexington,  the  sum  of  two  hundred  dollars,  and  that  from 
and  after  the  first  day  of  January  in  the  year  eighteen 
hundred  and  eighty-eight  there  be  allowed  and  paid  to 
said  McDonald  an  annuity  of  one  hundred  dollars  for  the 
term  of  ten  years,  should  he  so  long  survive,  in  equal 
quaiterly  payments,  in  consideration  of  injuries  received 
at  the  Hoosac  tunnel  wdiile  in  the  employ  of  the  Common- 
wealth. Approved  April  4,  1888. 

Resolve  in  favor  of  monroe  morris.  CIinr>     ')4 

Reso\'ed,  That  Monroe  Morris  of  Billerica,  Massa- MonioeMoms. 
chusetts,  father  of  George  H.  Morris  who  served  in  com- 
pany K,  second  regiment  of  Massachusetts  volunteer 
infantry  in  the  war  of  the  rebellion  and  who  died  of  dis- 
ease incurred  during  such  service,  shall,  from  and  after 
February  tirst,  eighteen  hundred  and  eighty-eight,  be 
eligible  to  receive  military  aid  under  the  provisions,  rules 
and  limitations  of  chapter  thirty  of  the  Public  Statutes 
and  of  all  acts  in  addition  thereto,  in  the  same  manner 
and  to  the  same  extent  he  would  have  been  had  he  received 
state  aid  prior  to  the  eleventh  day  of  April  in  the  year 
eighteen  hundred  and  sixty-seven,  and  had  he  not  been 
precluded  therefrom  by  the  act  of  that  date. 

Approved  April  11,  1888.  . 


546  1888.  —  Chapter  5o. 


Chap.   55  Resolve  phoviding  kou   the    pktntixg    and    distribution  ok 

THE   NEW   INDEX   TO   THE   PUBLIC   STATUTES. 

Piintingand  Bcsolved ,    That   the    secretary  of  the   Commonwealth 

tiie  new  index     causc  to  be  electi'otyped,  i)rinte(l  and  bound  tor  distribu- 

to  the  I'uldic  .  »/  1  '    I  _ 

Statutes.  tion,  seventeen   hundred  and  eighty  copies    oi*  the    new 

index  to  the  Public  Statutes  for  the  use  of  the  Common- 
wealth and  distribute  the  copies  as  follows  ;  to  his  excel- 
lency the  governor,  tive  copies  ;  to  the  maker  of  the  index, 
two  copies  ;  to  the  clerk  of  the  senate,  for  the  use  of  the 
senate,  twelve  copies ;  to  the  clerk  of  the  house,  for  the 
use  of  the  house,  twenty-four  copies ;  to  each  member  of 
the  present  senate  and  house  of  representatives,  one  copy  ; 
to  the  state  library,  twenty-live  co})ies  ;  to  the  library  of 
congress,  three  copies  ;  to  the  secretary  of  state  of  the 
United  States,  four  copies  ;  to  the  following  otficers,  boards 
and  persons,  one  copy  each  :  the  lieutenant-governor,  the 
secretary,  treasurer  and  receiver-general,  auditor,  attor- 
ney-general, adjutant-general,  chief  of  district  })olice, 
insurance  commissioner,  board  of  agriculture,  board  of 
lunacy  and  charity,  board  of  education,  harbor  and  land 
commissioners,  commissioners  of  prisons,  railroad  com- 
missioners, savings  banks  commissioners,  bureau  of  statis- 
tics of  labor,  controller  of  county  accounts,  civil  service 
commission,  state  board  of  health,  gas  commissioners, 
each  judge,  clerk  and  register  of  the  judicial  courts,  each 
trial  justice,  each  district  attorney,  each  board  of  county 
conmiissioners,  each  county  treasurer,  each  sheriti'  and 
keeper  of  jails,  each  register  of  deeds,  each  master  of  a 
house  of  correction,  each  city  and  town  of  the  Common- 
wealth for  the  use  of  the  city  or  town,  each  free  public 
library  in  the  Commonwealth  which  is  open  to  use  of  the 
inhabitants  of  the  city  or  town  where  it  is  situated,  the 
warden  of  the  state  prison,  the  superintendent  of  each  of 
the  state  institutions,  the  law  and  general  library  of  Har- 
vard university,  the  library  of  Williams  college,  Amherst 
college,  Tufts  college,  Boston  university,  institute  of  tech- 
nology, the  college  of  the  holy  cross,  at  Worcester, 
the  agricultural  college,  at  Amherst,  Wellesley  college. 
Smith  college,  Boston  college,  Boston  dental  college,  the 
Worcester  county  free  institute,  the  state  normal  schools, 
to  such  high  schools  in  the  Commonwealth  as  may  apply 
to  the  secretary  of  the  Commonwealth  for  the  same,  the 
Mount  Holyoke  female  seminary  and  college,  the  Bradford 


1888.  — Chapters  56,  57.  547 

academy,  to  each  incorporated  academy,  and  to  one  com-  index  to  the 

V         T     .  ,      ,  1         .  'i  •     1  11  1     Public  Statutes. 

mon  school  in  each  town  having  no  high  school,  such 
school  to  be  designated  by  the  school  committee  of  said 
town,  the  American  academy  of  arts  and  sciences,  the 
Massachusetts  historical  society,  the  historic  genealogical 
society,  the  museum  of  comparative  zoology,  the  Old  Col- 
ony historical  society,  the  Boston  atiieneeum,  the  American 
antiquarian  society,  and  the  society  of  antiquity,  at 
Worcester,  the  Essex  institute  at  Salem,  Williston  semi- 
nary, Pilgrim  society,  Plymouth,  the  county  law  libraries, 
each  judge  of  the  United  States  supreme  court,  the  judges 
of  the  United  States  circuit  and  district  courts  in  Massa- 
chusetts, the  clerks  of  the  United  States  courts  in  the  dis- 
trict of  ^lassachusetts,  the  secretary  of  state  of  each  state 
and  territory  for  the  use  of  the  state  or  territory.  And 
the  remaining  copies  shall  be  retained  in  the  office  of  the 
secretary  of  the  Commonwealth  for  such  additional  distri- 
bution as  may  from  time  to  time  be  required. 

Approved  April  12,  1888. 

Resolve  in  favor  of  the  widow  of  the  late  john  william  nUnY)     56 

BACON.  ^ 

Resolved^  There  be  allowed  and  paid  out  of  the  treas-  Allowance  to 
ury  of  the  Commonwealth  to  the  widow  of  the  late  John  wlmam  Bacon. 
William  Bacon,  late  justice  of  the  superior  court  of  this 
Commonwealth,  who  died  on  the  tvventy-first  day  of  March 
of  the  present  year,  the  sum  of  forty-three  hundred  and 
eighty-four  dollars  and  forty-two  cents,  being  the  amount 
of  salary  said  Bacon  would  have  received  had  he  lived 
to  perform  service  as  justice,  as  aforesaid,  to  the  end  of 
the  present  year.  Ajjproved  April  17,  1888. 

Resolve  in  favor  of  charles  e.  fogerty.  Phnrt    '57 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  Charles  E.  Fogerty  of  Fogcliy.^" 
Worcester,  a  private  of  battery  B,  Massachusetts  volun- 
teer militia,  the  sum  of  two  hundred  and  eighteen  dollars, 
in  full  compensation  for  injuries  received,  and  for  medical 
attendance  rendered  necessary  by  said  injury,  while  re- 
turning from  the  camp  ground  in  South  Framingham  to 
the  armory  of  said  battery  in  the  city  of  Worcester  on  or 
about  the  eleventh  day  of  June  in  the  year  eighteen  hun- 
dred and  eighty-seven.  Approved  April  19,  1888. 


)48  1888.  — Chapters  58,  59. 


GhCin.  58  I^ESOLVE  GRANTING  AN  ALLOWANCE  FOR  THE  ERECTION  OF  FLANK 
STONES  AND  THE  MOUNTING  OF  CANNON  TO  MARK  THE  POSITIONS 
OF  CERTAIN  REGIMENTS  AND  BATTERIES  OF  MASSACHUSETTS  VOL- 
UNTEERS  ON  THE   BATTLEFIELD   OF   GETTYSBURG,  PENNSYLVANIA. 

Allowance  for         Resolved,  That  there  be  allowed   and  paid   out  of  the 
flank  8tone8,      trcasuiy    of  the    Commonwealth,  a    sum    not    exceeding 
po^si'tionTof''      twelve  hundred  dollars,  for  the  purpose  of  procuring  and 
troopron'batuc  Greeting  jflank  stones  to  mark  the  several  positions  in  line 
field  at  Gettys-   of  battle  OH  the  battlefield  at  Gettysburg,  Pennsylvania, 
of  the   second,  seventh,  ninth,  tenth,  eleventh,  twelfth, 
thirteenth,   fifteenth,    sixteenth,    eighteenth,    nineteenth, 
twentieth,  twenty-second,    twenty-eighth,  thirty-second, 
thirty-third    and   thirty-seventii    regiments    of    infantry, 
Massachusetts  volunteers  ;  also  for  the  transportation  of 
guns  to  Gettysburg  and  for  the  purchase  of  gun  carriages, 
mounting  and  placing  the  said  guns  in  the  positions  occu- 
pied by  the  first,  third,  fifth  and  ninth  batteries  of  light 
artillery,  Massachusetts   volunteers,   on  said  battlefield  ; 
the  said  amount  to  be  paid,  upon  the  approval  of  the 
governor  and  council,    to   a   duly  authorized    officer   or 
agent  of  the  Gettysburg  battlefield  memorial  association. 

Approved  April  19,  1888. 

Chan.  59  Resolve  providing  for  a  stable,  carriage  house,  coal  shed 

AND    certain     other     IMPROVEMENTS     AT     THE     WESTBOROUGH 
INSANE    HOSPITAL. 

AUowaDce  for  Resolved,  That  there  be  allowed  and  paid  out  of  the 
at  westborough  trcasuiy  of  the  Commonwealth,  a  sum  not  exceeding 
ospitai.  ^^gj^.g  thousand  dollars,  to  be  expended  at  the  West- 
borough  insane  hospital  at  Westborough,  under  the 
direction  of  the  trustees  for  the  following  purposes,  to 
wit :  —  For  building  a  stable,  carriage  house  and  vegetable 
cellar,  a  sum  not  exceeding  five  thousand  dollars ;  for 
building  an  ice  house  and  coal  shed,  a  sum  not  exceeding 
one  thousand  dollars  ;  for  construction  of  a  fire  line  and 
hydrants  to  barn  and  out  buildings,  a  sum  not  exceeding 
two  thousand  dollars ;  for  a  carriage  for  patients,  a  sum 
not  exceeding  four  hundred  dollars  ;  for  the  purchase  of 
cows  and  oxen,  a  sum  not  exceeding  six  hundred  dollars, 
and  for  reconstructing  roof,  for  catches  on  roof  for  snow 
and  ice,  a  sum  not  exceeding  three  thousand  dollars. 

Approved  April  24,  1888. 


1888.  —  Chapters  60,  61,  62.  649 


Resolve    providing    for    painting    ai^d   for    certain    other  (JJidj)^   (JO 

IMPROVEMENTS    AT    THE   STATE   ALMSHOUSE   AT   TEWKSBURY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasuiy  of  the  Commonwealth,  a  sum  not  exceeding  eight  at  state  aims- 
thousand  dollars,  to  be  expended  at  the  state  almshouse  bury?'* 
at  Tewksbury,  under  the  direction  of  the  trustees  and  ^ 

superintendent  of  said  institution,  for  the  following  pur- 
poses, to  wit :  —  For  the  purpose  of  painting  the  outside 
of  the  main  buildings  at  said  institution,  a  sum  not 
exceeding  three  thousand  dollars ;  for  increasing  the 
height  of  the  water  tower  for  fire  purposes,  a  sum  not 
exceeding  two  thousand  dollars  ;  for  connecting  the  insane 
asylum  building  wnth  the  new  boilers  and  for  the  erection 
of  a  building  for  the  storage  of  ice,  a  sum  not  exceeding 
three  thousand  dollars.  Approved  April  24,  1888. 

Resolve  in  favor   of   the    widow   of   the   late   bowse  r.  QJku)^   gl 

CLARKE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  the  widow  of  the  late  r!  ciarke.  °^^* 
Rowse  R.  Clarke,  a  member  of  the  house  of  represen- 
tatives from  the  tenth  Worcester  district,  the  amount  said 
Clarke  would  have  been  entitled  to  had  he  served  as  a 
member  to  the  end  of  the  present  session. 

Approved  April  24,  1888. 

Resolve  to  provide  for  electric   lighting  machinery,  sol-  n],ffr^    (^9 

ITARY   CELLS,   AND    PAINTING   AT    THE   REFORMATORY   PRISON  FOR 
WOMEN. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Aiiowancofor 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  six  mlcwner/.^""! 
thousand  three  hundred  dollars,  to  be  expended  at  the  pHso^n  for'*'"'^^ 
reformatory  prison  for  women  under  the  direction  of  the  women. 
commissioners  of  prisons,  for  the  following  purposes  and 
in  the    following  proportions: — For  providing   electric 
lighting  machinery,  a  sum  not  exceeding  twenty-five  hun- 
dred   dollars ;    for  providing    solitary  cells,    a  sum    not 
exceeding  eighteen  hundred  dollars  ;  for  painting,  a  sum 
not  exceeding  two  thousand  dollars. 

Approved  April  24,  1888. 


r>50  1888.  —  Chapters  63,  64,  65. 


Chop.   63  Resolve  providing  for  further  investigations,  relative   to 

SEWAGE   DISPOSAL   IN   THE   MYSTIC    AND   CHARLES  RIVER  VALLEYS. 

henhhTo^th-^^  i?e.so??;e6Z,  That  the  state  ])oard  of  health  be  requested 
imle  a  method  to  designate  some  method  for  the  disposal  of  the  sewage 
disposilnn  of  such  cities  and  towns  as  are  embraced  within  the  lower 
cllrlesr-^ver  vallcj  of  the  Charlcs  river,  in  the  report  of  the  commis- 
vaiieys.  sioncrs  appointed  under  chapter  sixty-three  of  the  resolves 

of  the  year  eighteen  hundred  and  eighty-four,  as  they  may 
not  include  in  their  report  under  chapter  ninety-hve  of 
the  resolves  of  the  year  eighteen  hundred  and  eighty- 
seven,  and  so  much  of  said  report  as  relates  thereto  is 
hereby  referred  to  said  board  for  its  further  consideration . 
Such  designation  shall  be  made  as  a  part  of  the  report 
required  by  chapter  ninety-live  of  the  resolves  of  the  year 
eighteen  hundred  and  eighty-seven,  and  the  expense 
thereof  charged  to  the  appropriation  provided  for  in 
chapter  forty-two  of  the  resolves  of  the  year  eighteen 
hundred  and  eighty-eight.  Approved  Ajyril  24,  18S8. 


Chap.   64  Resolve  granting  county  tajxes. 

grTu'tLd!*"'^''  Resolved,  That  the  sums  placed  against  the  names  of 

the  several  counties  in  the  following  schedule  are  granted 
as  a  tax  for  each  county  named,  respectively,  to  be 
collected  and  applied  according  to  law:  —  Barnstable, 
thirteen  thousand  dollars ;  Berkshire,  seventy  thousand 
dollars ;  Bristol,  one  hundred  and  forty-eight  thousand 
dollars ;  Dukes  County,  six  thousand  four  hundred  dol- 
lars ;  Essex,  two  hundred  and  five  thousand  dollars ; 
Franklin,  thirty  thousand  dollars  ;  Hampden,  ninety-five 
thousand  dollars  ;  Hampshire,  forty-two  thousand  dollars  ; 
jNIiddlesex,  two  hundred  and  ten  thousand  dollars  ;  Nor- 
folk, sixty-eight  thousand  dollars;  Plj^  mouth,  sixty 
thousand  dollars ;  Worcester,  one  hundred  and  fifteen 
thousand  dollars.  Apiivoved  April  30,  1888. 

Chop.   iS'j  Resolve  in   favor   of  the   widow   of   the   late  joseph  w. 

white. 

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

Joseph  w.        treasury  of  the  Commonwealth  to  the  widow  of  the  late 

W  h  1 1  e . 

Joseph  W .  AMiite,  late  clerk  in  the  office  of  the  commis- 
sioners on  state  aid,  and  who  died  on  the  nineteenth  of 
April  in  the  year  eighteen  hundred  and  eighty-eight,  the 
sum  of  six  hundred  and  ninety-seven  dollars  and  twenty- 


1888.  — Chapter  G6.  551 

two  cents,  being  the  amount  of  salary  said  White  would 
have  receiv'ed  had  he  lived  to  perform  service  as  clerk  as 
aforesaid  to  the  end  of  the  year  eighteen  hundred  and 
eighty-eight.  Approved  May  5,  1888. 

Resolve  puoviding  for  certain  apparatus,  buildings,  insur-  n]i(jy)^   (5Q 

ANCE,   repairs    AND   FURNISHING    AT    THE    MASSACHUSETTS    AGRI- 
CULTURAL  COLLEGE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  AUowauce  for 
treasury  of  the    Commonwealth,    a    sum    not   exceeding  pairs Tifd'  "^^ 
nineteen   thousand    dollars,  to    be    expended    under    the  i'hTMussachV 
direction  of  the  trustees  of  the  Massachusetts  aarricultural  feus  iigricui- 

,./.,..  .       '^  tural  college. 

college,  for  the  following  purposes :  —  Five  thousand 
dollars  for  painting,  alteration  and  repairs  of  the  buildings 
known  as  the  boarding-house,  the  dwelling-houses  occu- 
pied by  professors  Walker  and  Maynard,  the  laboratory 
building,  north  college,  the  drill  hall,  the  propagating 
house  and  the  large  greenhouse  ;  one  thousand  two  hun- 
dred and  seventy-five  dollars  to  renew  the  insurance  on 
seventeen  buildings  and  the  furniture,  apparatus,  collec- 
tions, tools,  hay,  grain  and  animals  contained  therein  ;  one 
thousand  five  hundred  dollars  for  chemical  apparatus  for 
the  purpose  of  instruction  in  said  college  ;  two  hundred 
and  twenty-five  dollars  for  replacing  military  equi|)ments  ; 
five  hundred  dollars  for  providing  fire  escapes  in  the  dor- 
mitory buildings ;  one  thousand  five  hundred  dollars  for 
re-roofing  the  main  barn,  repair  of  cellar  and  construc- 
tion of  silo  ;  three  thousand  dollars  for  moving,  renova- 
ting and  enlarging  sheds  and  horse  stables  ;  six  hundred 
dollars  for  new  fencing  for  farm  yards,  bull  pens  and 
paddocks  ;  four  hundred  dollars  for  repairs  to  dairy  room, 
fittings  and  plumbing;  six  hundred  dollars  for  painting 
all  the  farm  buildings  ;  eight  hundred  dollars  for  power 
and  machinery  in  farm  buildino's  for  ijrindino:  and  cuttino^ : 
seven  hundred  and  fifty  dollars  for  five  hundred  rods  of 
fencing  ;  one  thousand  dollars  for  five  hundred  rods  of  tile 
draining,  labor  and  materials;  one  thousand  dollars  for 
extra  labor  for  other  farm  improvement ;  eight  hundred 
and  fifty  dollars  for  new  wagons  and  improved  tools  and 
implements  :  provided,  that  no  money  shall  be  expended  Pi'oviso. 
under  this  resolve  until  a  contract  or  contracts  have  been 
made,  according  to  plans  and  specifications  to  be  fur- 
nished by  said  trustees,  for  the  completion  of  the  work 
at  a  cost  not  to  exceed  the  sums  above  specified. 

Approved  May  4,  1888. 


552  1883.— Chapters  67,  C8,  09,  70. 


Ohcip.   67  Resolve  to  provide  fok  the  purchase  of  printing  materials 

AND   presses   fok  THE   STATE   PRISON. 

p>'intTngm/te'  Resolced,  That  there  be  allowed  and  paid  out  of  the 
rials  for  use  at    treasurv  of  the  Commonwealth,  a  sum  not  exceedino:  two 

the  state  priBon.     ,  i     i     ii  i      i  i  i  t  •  <• 

thousand  dollars,  to  be  expended  under  the  direction  oi 
the  commissioners  of  prisons,  for  the  purchase  of  printing 
materials  and  presses  for  use  at  the  state  prison  at  Bos- 
ton ;  but  no  printing  shall  be  done  for  the  several  depart- 
ments of  the  government  of  the  Commonwealth. 

Approved  May  7,  1888. 

(ViaV.     68  I^ESOLVE   PROVIDING   FOR  THE  PUBLICATION   OF   A   NEW   EDITION   OF 
THE   STATUTES  RELATING   TO   PUBLIC   SCHOOLS. 

Edition  of  the        Hesolved,  That  there  be  allowed  and  paid  out  of  the 

BtututCH  relating  c      ^         r-i  i    i  •  • 

to  the  public  treasury  ot  the  Commonwealth,  a  sum  not  exceeding  six 
prepared  and  huudred  dollars,  to  be  expended  under  the  direction  of 
punted.  ^j^g  state  board  of  education,  for  the  purpose  of  preparing 

and  printing  for  the  use  of  the  cities  and  towns  three 
thousand  copies  of  an  edition  of  all  the  statutes  relating  to 
the  public  schools,  together  with  the  decisions  of  the 
supreme  judicial  court  relating  thereto,  including  also 
such  laws  as  may  be  enacted  at  the  present  session  of  the 
legislature.  Approved  May  7, 1888. 

CllCin.   69  Resolve   to    confirm    the    acts   of    shepakd   thater    as  a 

NOTARY  PUBLIC. 

shepard  Rcsolved,  That  all    acts  done    by  Shepard  Thayer   of 

J  hayer,  justice     at       j.i       a    i  ,  i  i  •  •    i  •  i.   /•        ,  i 

of  the  peace,  JNortli  Adauis  as  a  notary  public  within  and  tor  the  county 
rme  .  ^^'  g^rkshirc,  between  the  ninth  day  of  October  in  the 
year  eighteen  hundred  eighty-four  and  the  eighteenth  day 
of  April  in  the  year  eighteen  hundred  eighty-eight,  are 
hereby  contirmed  and  made  valid  to  the  same  extent  as 
though  he  had  been  during  that  time  qualified  to  discharge 
the  duties  of  said  office.  Approved  May  7,  1888. 

OhciT)'  70  Resolves   providing    for    certain   expenses    attending  the 

MEETING  OF  THE  NATIONAL  PRISON  ASSOCIATION  AND  FOR  THE 
USE  OF  THE  HALL  OF  THE  HOUSE  OF  REPRESENTATIVES  FOR 
THE  MEETINGS   OF  SAID   ASSOCIATION. 

Allowance  for         Jiesolved,  That  there  be  allowed  and  paid  out  of  the 

fxpenpcH  of  i>      1        /-t  11 

m.eiiriKof         trcasury  ot   the  Commonwealth,  a  sum  not  exceeding  one 

afcBo'ciation"'^*'"  thousaud  dollars,  to  be  expended  under  the  direction  of 

the  governor,  for  the  payment  of  such  bills  as  he  shall 


1888.  — Chapters  71,  72,  73.  553 

approve  for  expenses  attending  the  meeting  of  the 
National  prison  association  to  l^e  held  in  Boston  during 
the  current  year. 

JResolved,  That  the  sergeant-at-anns  be  and  he  is  hereby  AssociaticD  to 
authorized  to  allow  said  association  to  occupy  the  hall  of  house  of  repre- 
the  house  of  representatives,  and   such  committee  rooms  *«"''^'^'^®*- 
as  it  shall  need,  for  its  said  meeting. 

Approved  May  10,  1888. 

Resolve   providixg  for    a   new  building    and  for  certain  (JJiap.  71 

REPAIRS  AT  THE  LYMAN   SCHOOL  FOR   BOYS  AT  WESTBOROUGH. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  eight  Lyman  Bchooi 
thousand  dollars,  to  l)e  expended  at  the  Lyman  school  for  wUuaorough. 
boys  at  Westborough  under  the  direction  of  the  trustees 
of  the  state  primary  and  reform  schools,  to  provide  addi- 
tional accommodations  for  the  increased  number  of  boys 
and  for  the  erection  of  a  building  for  the  use  of  the  super- 
intendent and  officers  of  said  school. 

Approved  May  15,  1888. 

Resolve    providing   for   the  printing   of    fifteen  hundred  njiff-y^    72 

EXTRA  COPIES  OP  THE  REPORT  OF  THE  STATE  BOARD  OF 
HEALTH  RELATIVE  TO  THE  MANUFACTURE  AND  SALE  OF  OLEO- 
MARGARINE AND  BUTTERINE. 

Resolved,  That  there  be  printed  fifteen  hundred  extra  Manufacture 
copies  of  the  report  of  the  state  l>oard  of  health,  made  in  oiTOmar^Hne, 
com|)liance  with  the  order  of  the  legislature  of  the  year  copieslj'f  re^rt 
eighteen  hundred  and  eijjhty-seven,  relative  to  the  manu-  on,  to  be 
facture  and  sale  of  oleomargarine  and  butterine,  to  be 
distributed  as  follows  :  three  copies  to  each  member  of 
the  present  legislature,  and  the  remainder  to  be  distributed 
by  the  state  board  of  health.        Approved  May  15,  1888. 

Resolve  to  provide  for  the  purchase  of  horses   and  cows  (Jfictn.   73 

FOR  the  MASSACHUSETrS  REFORMATOUY,  AND  FOR  CERTAIN 
REPAIRS   AT  SAID    INSTITUTION. 

Resolv'd,  That  there  be  allowed  and   paid  out  of  the  Atiowancefor 
treasury  of  the  Commonwealth  to  be  expended  at  the  Mas-  hor^a^and 
sachusetts  reformatory  under  the  direction  of  the  commis-  rei^^rire,"etc°'at 
sioners  of  prisons,  a  sum  not  exceedini*-  ten  thousand  one  Massachusetts 

11111  •  icii-  reformatory. 

hundred  dollars,  tor  the  following  purposes,  namely  :  — 
For  repairing  floors  and  stairs  of  the  workshops,  a  sum 
not  exceeding  twenty-five  hundred  dollars ;  for  the  con- 


55i  1888.  —  Chapters  74,  75,  76. 

struction  of  an  addition  to  the  barn,  a  sum  not  exceeding 
eighteen  hundred  dolhirs ;  for  the  construction  of  a 
silo,  a  sum  not  exceeding  three  hundred  dollars  ;  for  the 
purchase  of  cows,  a  sum  not  exceeding  twelve  hundred 
dollars ;  for  the  construction  of  a  shop  in  the  new  coal 
house,  a  sum  not  exceeding  five  hundred  dollars  ;  for  re- 
building the  south  gate  and  case,  a  sum  not  exceeding 
one  thousand  dollars  ;  for  hose  and  hose  carriages,  a  sum 
not  exceeding  one  thousand  dollars ;  for  repairing  and 
remodelling  the  elevator,  a  sum  not  exceeding  twelve 
hundred  dollars  ;  for  the  purchase  of  horses,  a  sum  not 
exceeding  six  hundred  dollars. 

Approved  May  15,  1888. 

Chcin.  74  Resolve  providing  for  certain  repairs  and  improvements  at 

THE  STATE   HOUSE   AND   AT   THE   COMMONWEALTH   BUILDING. 

hlTJandCom-  HesoJved,  That  there  be  allowed  and  paid  out  of  the 
monweaith  trcasuiT  of  tlic  Commonwealth,  a  sum  not  exceeding 
twenty  thousand  and  nine  hundred  dollars,  to  be  expended 
under  the  direction  of  the  commissioners  on  the  state 
house,  for  repairs  and  improvements  in  and  the  painting 
of  the  outside  of  the  state  house,  to  include  the  re-gilding 
of  the  dome,  and  for  repairs,  improvements  and  a  fire 
escape  for  the  Commonwealth  building.. 

Approved  May  17,  ISSS. 

C/Jinp.     75  I^ESOLVE     in   FAVOR   OF    THE   NEW     ENGLAND     INDUSTRIAL     SCHOOL 

FOR   DEAF   MUTES. 

i^duS'sThooi      Besolved,  That  there  be  allowed  and  paid  out  of  the 
for  deaf  mutes    trcasurv  of  the  Commonwealth  to  the  New  England  in- 

at  Beverly.  ,    ^  . 

dustrial  school  for  deaf  mutes,  of  Beverly,  the  sum  of 
two  thousand  dollars,  to  be  expended  under  the  direction 
of  the  trustees  thereof;  one-half  of  said  sum  to  be  applied 
toward  the  payment  of  the  mortgage  on  the  property  of 
said  institution,  and  the  balance  to  be  used  for  the  educa- 
tional purposes  of  the  school  for  the  present  year ;  and 
the  trustees  shall  report  to  the  state  board  of  education. 

Approved  May  17,  1888. 


Chap, 


YQ  Resolve  authorizing  the  sale  of  land  by  the  trustees  of 

THE   state   ALMSHOUSE   AT   TEWKSBURY. 

Trusteee  of  the       Resolved,  That  the  trustees  of  the  state  almshouse  at 

state  almshouse    rr\        •,      •.  ■,  iiii  I'l 

atTewksbuiy     lewKsbury  oc,  and  they  hereby  are,  authorized  to  sell  to 
I^nd.*^   '^^^  ^"^  Lawrence  Lynch  of  Tewksbury  a  certain  piece  of  land  in 


1888.  — Chapters  77,  78,  79.  555 

the  town  of  Tewksbiuy  belono;ing  to  the  Commonwealth. 
Said  land  is  triangular  in  shape  and  is  bounded  on  its 
southwestern  side  by  "the  main  road  to  Lowell";  the 
other  two  sides  are  described  in  the  deed  to  the  state  alms- 
house as  follows  :  beginning  at  the  southeastern  corner  on 
road  above  mentioned,  running  by  the  land  of  Abiel  Brown 
to  land  of  Jonathan  Clark  six  rods  and  twenty-four  twen- 
ty-fifths, thence  by  land  of  said  Clark  to  the  road  eight 
rods  and  twenty-one  one-hundredths ;  and  said  trustees 
are  directed  to  pay  the  proceeds  of  the  sale  into  the  treas- 
ury of  the  Commonwealth.  Approved  May  17,  1888. 

Resolve  providing  for  a  salute  m  honor  of  the  two  hun-  z^/,^^    nj 

DRED    AND     FIFTIETH    ANNIVERSARY     OF     THE    ORGANIZATION   OF  -^   ' 

THE   ANCIENT   AND   HONORABLE   ARTILLERY   COMPANY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  the  treasurer  of  the  An-  ami  Honorable 
cient  and  Honoral)le  Artillery  Company,  the  sum  of  four  p^"'!''''"^  ^°'"" 
hundred  dollars,  for  the  purpose  of  firing  a  salute  on  the 
occasion  of  the  two  hundred  and  fiftieth  anniversary  of 
said  organization.  Approved  May  17,  1888. 


Chap.  78 


Resolve  providing  for  certain  improvements  at  the  state 
normal  school  at  worcester. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  five  ITtheltiur^* 
thousand  dollars,  for  the  purpose  of  grading  and  improv-  a^wol-pe's'ter^ 
ing  the  grounds  and  for  completing  a  wall  around  said 
grounds,  and  providing  for  connecting  drainage  with  the 
sewer,  and    repairing   the    building   at   the  state  normal 
school  at  Worcester ;  to  be  expended  under  the  direction 
of  the  state  board  of  education.   Approved  May  17,  1888. 

Resolve  in  favor  of  ellen  c.  johnson.  fij  ptq 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  Ellen  C.Johnson  of  ^ou!"  ^' "^'''"'' 
Sherborn,  the  sum  of  two  hundred  dollars,  the  same  being 
in  addition  to  the  two  thousand  dollars  authorized  by 
cha})ter  two  hundred  and  seventy-two  of  the  acts  of  the 
present  year,  which  provided  for  the  purchase  of  addi- 
tional land  for  the  use  of  the  reformatory  prison  for 
women  at  Sherborn.  Approved  3fay  18,  1888. 


556 


1888.  —  Chapters  80,  81,  82. 


Chctp.   80  Resolve  in  favor  of  the  town  of  Florida. 

Town  of  Florida.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  town  of  Florida, 
the  sum  of  two  thousand  five  hundred  dollars,  being-  in 
response  to  their  petition  for  relief  from  the  burden  of  the 
cost  of  the  road  on  the  easterly  side  of  said  town  near 
the  Deei*field  river,  made  by  said  town,  with  little  benefit 
to  itself,  under  the  requirements  of  the  county  commis- 
sioners in  the  year  eighteen  hundred  and  seventy-two, 
but  inuring  to  the  benefit  of  the  state  by  contributing  to 
the  business  of  the  Troy  and  Greenfield  railroad  and 
Hoosac  tunnel :  provided,  nothing  herein  contained  shall 
be  construed  to  relieve  the  said  town  of  Florida  of  the 
obligation  to  maintain  said  road. 

Approved  May  18,  1888. 

Cli(lT>'  81  Resolve  in  addition  to   a  resolve  in   relation  to  public 

RECORDS   OF   PARISHES,  TOWNS   AND   COUNTIES. 

of'^'arisher'^*  7?p.so?recZ,  That  the  commissioner  appointed  under  the 
towns  and  '  provisious  of  chaptcr  sixty-five  of  the  resolves  of  eighteen 
hundred  and  eighty-four,  relating  to  public  records  of 
parishes,  towns  and  counties,  is  hereby  authorized  to  ex- 
pend a  sum  not  exceeding  twenty-five  hundred  dollars, 
being  in  addition  to  the  sum  authorized  by  chapter  nine, 
resolves  of  the  present  year,  for  completing  the  collection, 
compilation  and  tabulation  of  the  information  relating  to 
such  records  ;  and  from  the  amount  hereby  authorized  the 
said  commissioner  shall  be  allowed  on  the  completion  of 
his  report,  and  in  full  compensation  for  his  services  in 
connection  therewith,  the  sum  of  one  thousand  dollars. 

Approved  May  18,  1888. 


(JhCLT).  82  Resolve  providing   for   the   erection   of   buildings  in  the 

CITY   OF  WALTHAM   FOR   THE  USE  OF   THE   MASSACHUSETTS  SCHOOL 
FOR  THE   FEEBLE-MINDED. 


Erection  of 
buildings  in 
Walthani  for 
use  of  the 
Massachusetts 
ecliool  for  the 
feeble-minded. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  two 
hundred  thousand  dollars,  to  be  expended  under  the 
direction  of  the  trustees  of  the  Massachusetts  school  for 
the  feeble-minded,  for  the  purpose  of  erecting  suitable 
buildings  for  the  use  of  said  school  to  provide  for  not  less 
than  two  hundred  and  fifty  patients  :  provided,  that  a  sum 
not   exceeding  fifty  thousand  dollars  may  be  expended 


1888.  —  Chapters  83,  84.  557 

during  the  year  eighteen  hundred  and  eighty-eight,  and 
seventy-live  thousand  dollars  during  the  year  eighteen 
hundred  and  eighty-nine,  and  seventy-five  thousand  dol- 
lars during  the  year  eighteen  hundred  and  ninety ;  pro- 
vided, furtJier,  that  no  portion  of  the  sums  mentioned  in 
this  resolve  shall  be  expended  until  plans  for  said  build- 
ings shall  have  been  approved  by  the  governor  and 
council,  and  until  the  land  recently  purchased  in  the  city 
of  Waltham  for  the  use  of  said  school  shall  have  been 
conveyed  to  the  Commonwealth  by  a  good  and  sufficient 
deed  and  free  from  all  encumbrances. 

Approved  May  22,  1888. 

Resolve  in  favok  of  the  Massachusetts  institute  of  tech- 

NOLOiiY.  CJiap.  83 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  Commonwealth,  the  sum  of  one  hundred  technology. 
thousand  dollars,  to  the  corporation  of  the  Massachusetts 
institute  of  technology,  in  addition  to  the  sum  authorized 
to  be  paid  by  chapter  one  hundred  and  three  of  the  re- 
solves of  the  year  eighteen  hundred  and  eighty-seven,  to 
})e  applied  to  the   purposes  of  said  institute  :  provide  I,  i''o^''«<'- 
however,  that  this  grant  is  made  sul^ject  to  and  conditional 
upon  the  establishment  and  maintenance  of  the  scholar- 
ships provided  for  by  chapter  one  hundred  and  three  of 
the  resolves   of  the  year  eighteen  hundred    and    eighty- 
seven ;  and  2^^''J^'ided,  further,  that  fifty  thousand  dollars  Provieo. 
of  the  aforesaid  sum  shall  be  paid  during  the  year  eight- 
een hundred  and  eighty-nine,  and  fifty  thousand  dollars 
during  the  year  eighteen  hundred  and  ninety. 

Ajyi^roved  3Iay  23,  1888. 


Chap.  84 


Resolve  providing  for  an  investigation  of  the  pollution 
OF  ponds  and  streams  from  which  ice  is  cut  for  domestic 
use. 

Resolved,  That  the  state  board  of  health  be  directed  to  Poiimion  of 
make  a  special  investigation  with  reference  to  the  pollu-  which  iceTs 
tion  of  ponds,   lakes,  streams  or  other  bodies  of  water  ugated'by'the^" 
used  as  ice  supplies  in  this  state,  especially  with  reference  ^e'Jfth "'""'' °^ 
to  the  eifect  of  such  pollution  upon  the  healthfulness  of 
such  ice  for  domestic  use,  and  to  refer  the  results  of  their 
nquiry  to  the  next  general  court. 

Approved  May  23,  1888. 


558 


1888.  — Chapters  85,  86. 


dwr>    85  Resolve  relative  to  the    centennial    celebration    of 

■'■   '  settlement   of   OHIO,   AND   THE    ESTABLISHMENT    OF    CIVIL 


THE 
GOV- 


Allowance  for 
expenses  rela- 
tive to  the  cen- 
tfiinial  celebra- 
tion of  the 
Bottlement  of 
Ohio,  etc. 


EKNMENT   IN   THE   NORTHWEST    TERRITORY. 


Resolved,  In  view  of  the  approaching  celebration  of  the 
centennial  of  the  anniversary  of  the  settlement  of  Ohio, 
and  the  establishment  of  civil  government  in  the  north- 
west territory,  in  which  citizens  of  Massachusetts  were 
prominent,  and  in  order  to  accept  the  invitation  of  the 
legislature  of  Ohio  to  have  the  Commonwealth  of  ^Nlassa- 
chusetts  represented  at  such  celebration,  which  has  been 
fixed  for  September  fourth  in  the  year  eighteen  hundred 
and  eighty-eight,  at  Columbus,  Ohio,  that  there  be  al- 
lowed and  paid  out  of  the  treasury  of  the  Commonwealth 
a  sum  not  exceeding  five  thousand  dollars,  to  be  expended 
under  the  direction  of  the  governor  and  council,  to  enable 
the  Commonwealth  to  be  properly  represented  through 
the  following  officials  of  the  state  government: — The 
governor  and  staft'  and  a  committee  of  three  meml)ers  of 
the  executive  council,  the  president  of  the  senate  and 
speaker  of  the  house,  the  joint  committee  on  federal  rela- 
tions, a  special  committee  of  five  senators  and  fifteen 
representatives  to  be  appointed  by  the  presiding  officers 
of  the  two  branches,  the  clerk  of  the  senate  and  clerk 
of  the  house,  and  the  sergeant-at-arms. 

Approved  May  23,  1888. 


Chap.  80 

Patience  E. 
Smith. 


Resolve  in  favor  of  patience  e.  smith. 

liesolved,  That  Patience  E.  Smith,  widow  of  George  T. 
Smith  formerly  a  member  of  Co.  F,  thirteenth  regiment 
Massachusetts  volunteers,  shall  from  and  after  the  first 
day  of  May  in  the  year  eighteen  hundred  and  eighty-eight, 
be  eligi])le  to  receive  state  aid  under  the  provisions,  rules 
and  regulations  of  chapter  thirty  of  the  Public  Statutes 
and  chapter  thirty-four  of  the  acts  of  the  3^ear  eighteen 
hundred  and  eighty-four,  in  the  same  manner  and  to  the 
same  extent  that  she  would  have  been  entitled  had  she 
resided  in  Massachusetts  on  the  twenty -third  day  of  April 
in  the  year  eighteen  hundred  and  sixty-six. 

Approved  May  23,  1888. 


1888.  —  Chapters  87,  88,  89.  559 


Resolves  providing  fok  the  acceptance  and  the  dedication  Qfifirp.    orr 
OF  a  statue  of  josiah  bartlett  uy  the  commonwealth  at  ^  ' 

amesbury. 

Resolved,  That  the  Commonwealth  accepts  the  statue  of  ctdTcalfon  of*"** 
Josiah  Bartlett,  the  first  sio:ner  of  the  declaration  of  inde-  statue  ot  josiah 
pendence,  tendered   by  J.  K.  Jtluntington,  esquire,  and 
the  town  of  Ames1)ury. 

Resolved,  That  the  governor  be  and  here})y  is  author-  Governor 
ized  to  invite  the  president  of  the  United  States  with  his  invite  certain 
cabinet,  and  the  governors  and  staff's  of  the  other  New  ueuu^aTifiurbie 
England  states  to  be  i)resent  at  the   dedication   of  said  '^^'"^'y  ^«'=°"- 
statue  in  the  town  of  Amesbury  in  this  Commonwealth  on 
the  fourth  day  of  July  in  the  year  eighteen  hundred  and 
eighty-eight ;  and  that  he  also  be  and  hereby  is  authorized 
and  requested  to  detail  suitable  organizations  of  the  vol- 
unteer militia  of  the  Commonwealth  to  do  escort  duty  at 
the  dedication  aforesaid. 

Resolved,  That  the  sum  of  five  thousand  dollars  be  al-  ^\"°7J"/®  ^^^ 
lowed  and  paid  out  of  the  treasury  of  the  Commonwealth, 
to  be  ex[)ended  under  the  direction  of  the  governor  and 
council,  to  properly  carry  out  the  purposes  herein  indi- 
cated. Approoed  May  23, 1888. 


Resolve  in  favok  of  william  c.  nye.  ChcLJ).  88 

Remlved,  That  William  C.  Nye,  who  served  in  the  in  favor  of 
United  States  navy  during  the  war  of  the  rebellion,  being  '  ''""  "  * 
at  the  time  a  citizen  of  Massachusetts,  shall,  after  the  fif- 
teenth day  of  May  in  the  year  eighteen  hundred  and 
eighty-eight,  be  eligible  to  receive  state  aid  under  the 
provisions,  rules  and  limitations  of  chapter  thirty  of  the 
Public  Statutes,  in  the  same  manner  and  to  the  same  ex- 
tent that  he  would  have  been  had  he  served  to  the  credit 
of  Massachusetts.  Approved  May  23,  1888. 

Resolve   providing   for  the   erection   of  new  buildings  at  (JIlQT).   89 
the  state  farm  at  bridgewater. 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  or  the  Commonwealth,  a  sum  not  exceeding  sixty  at  the  state  tarm 
thousand   dollars,  to   be   expended  at  the   state   farm  at  "'    "  '*°'""^'"' 
Bridgewater,  under  the  direction  of  the   superintendent 
and  trustees,  for  the  purpose  of  erecting  and  furnishing 
strong  buildings  for  insane  male  criminals,  prt)viding  for 
not  less  than  one  hundred  patients,  physician  and  attend- 


560  1888.  —  Chaptees  90,  91,  92. 


ants,  and  to  be  a  part  of  the  present  asylum ;  also  for 
building  an  addition  to  the  hospital  for  the  medical  treat- 
ment of  the  sick  insane  :  provided,  that  no  larger  sum 
than  thirty  thousand  dollars  be  expended  during  the  year 
eighteen  hundred  and  eighty-eight. 

Aiiproved  May  23,  1888. 


Chap.  90 


Resolves  to  provide  for  the  better  protection  agaikst  fire 

OK  THE  reformatory  PRISON  FOR  WOMEN  AND  TO  REPEAL 
CHAPTER  NINETY-TWO  OF  THE  RESOLVES  OF  THE  TEAR  EIGHT- 
EEN  HUNDRED   AND   EIGHTY-SEVEN. 

Protection  Hesolved,  That  there  be  allowed  and  paid  out  of  the 

the^'refoimaiory  ti'easuiy  of  the  Coinmonwealtli,  a  sum  not  exceeding  tif- 

wdmen!""^         tceu  thousaud  dollars,  to  be  expended  under  the  direction 

of  the  commissioners  of  prisons,  for  the  better  protection 

against  fire  of  the  reformatory  prison  for  women. 

Resolved,  That  chapter  ninety-two  of  the  resolves  of 
the  year  eighteen  hundred  and  eighty-seven  entitled  a 
"  Resolve  to  provide  for  the  protection  against  fire  of  the 
stairs  and  stairways  at  the  reformatory  prison  for  women  " 
is  hereby  repealed.  Approved  May  24,  1888. 

Chan    91    K,ES0LVE  in  favor  of  the  hospital  cottages  for  children. 
Hospital  cot-  Resolved,  That  there  be  allowed  and  paid  out  of  the 

drea!  °'  '^  trcasuiy  of  the  Commonwealth  to  the  hospital  cottages  for 
children,  located  in  Baldwinsville,  Massachusetts,  the  sum 
of  fifteen  thousand  dollars,  for  the  purpose  of  erecting 
buildings  suitable  for  the  accommodation  of  not  less  than 
fifty  inmates  :  provided,  that  no  portion  of  this  sum  shall 
be  expended  until  plans  and  estimates  for  said  buildings 
shall  have  been  approved  by  the  governor  and  council. 

Approved  May  25,  1888. 

Chon      92  I^ES'^^'^E    AUTHORIZING    THE    GOVERNOR    AND    COUNCIL    TO    DEVISE 
"'  AND      REPORT    A    PLAN    FOR    THE    BETTER    ACCOMMODATION     FOR 

THE   STATE   GOVERNMENT   IN  THE   CITY   OF   BOSTON. 

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

council  to  devise  r  i.\        r~i  ^^.^  i.  ^•         li 

and  report  plan  treasurv  oi  the  (Jommon Wealth,  a  sum  not  exceeding  five 
co'mmodat^on  of  tliousaud  dollars,  to  be  expended  under  the  direction  of 
the  state  gov-      ^^^  o;overnor  and  council,  to  enable  them  to  devise  and 

ernment.  o  ' 

report  to  the  general  court  m  the  month  of  January  in  the 
year  eighteen  hundred  and  eighty-nine,  a  general  plan  for 
the  use,  occupation  and  improvement  of  any  lands  acquired 


1888.  — Chapteks  93,  94,  95,  96.  561 

or  taken  for  state  purposes,  including  tlierein  the  present 
state  house  grounds,  and  for  the  alteration  or  enlargement 
of  any  existing  buildings,  or  the  erection  of  any  new 
buildings  thereon.  Approved  May  25,  1888. 

Resolve    providing    for   new    steam    boilers    at  the  state  Q/iQp,  93 

NORMAL   school  AT   BRIDGEWATEK. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 

^^  -    ,  /■  T  J  steam  boilers  at 

treasury  or  the  Commonwealth,  a  sum  not  exceeclmg  two  normal  school 
thousand  dollars,  to    be   expended   at   the    state  normal  ""'  B^^gewater. 
school  at  Bridgewater,  under  the  direction  of  the  state 
board  of  education,  for  new  steam  l)oilers,  for  repairs  to 
the  heating  apparatus  and  for  making  connections  with  the 
main  supply  pipes.  Approved  May  25,  1888. 

Resolve  to  confirm  the  acts  done  by  Joseph  bennett  as   a  (JJiQp^   94 

JUSTICE   OF  the   peace. 

Resolved,  That  all  acts  done  by  Joseph  Bennett  as  a  Joseph  Bennett, 
justice  of  the  peace,  between  the  twelfth  day  of  Novem-  {"eace^^rcis  '' 
ber,  eighteen  hundred  and  eighty-five  and  the  eighteenth  ^°"'"""^^''- 
day  of  May,  eighteen  hundred  and  eighty-eight,  are  made 
valid  and  confirmed  to  the  same  extent  as  though  he  had 
been  during  that  time  qualified  to  discharge  the  duties  of 
said  office.  Approved  May  28,  1888. 


Resolve  for  the  protection  of  the  town  of  hadley  against  QJk^p^  95 

THE     further     encroachments     OF     THE     CONNECTICUT     RIVER 


UPON   SAID   TOWN. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  Protection  of 
treasury  of  the  Commonwealth  to  be  expended  under  the  u'aciiey'from 
direction  of  the  board  of  harbor  and  land  commissioners  orconnecticut 
in  pursuance  of  the  provisions  of  chapter  three  hundred  '^'v*^'- 
and  forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five,  a  sum  not  exceeding  fifteen  thousand  dollars, 
for  such  surveys  and  examinations  and  for  such  protective 
works  as  may  be  found  necessary  and  practicaljle  to  pre- 
vent the  further  inroads  of  the  Connecticut  river  upon  the 
northerly  side  of  the  town  of  Hadley  and  the  destruction 
of  the  principal  streets  in  said  town. 

Approved  May  28,  1888. 

Resolve  in  favor  of  john  turk.  Chai),  96 

Resolved,  That  there  be  allowed  and  paid  to  John  Turk,  Allowance  to 

T^i'i  •  T»Ti  John  Turk. 

late  of  com})any  K,  thu'd  regmient  Massachusetts  heavy 


562  1888.  — Chapters  97,  98. 

artillery,  the  sum  of  three  hundred  and  ninety  dollars, 
being  I'or  interest  at  five  per  cent,  per  annum,  equitably 
due  to  him  on  a  boimty  of  three  hundred  and  twenty-five 
dollars,  to  which  said  bounty  he  was  entitled  at  the  date 
of  his  said  enlistment,  but  which  through  no  fault  or 
neglect  of  said  Turk  was  not  allowed  to  him  till  the  second 
day  of  May,  eighteen  hundred  and  eighty-eight ;  said  sura 
to  be  paid  out  of  the  bounty  loan  sinking  fund,  as  provided 
for  in  chapter  one  hundred  and  twelve  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-two. 

Ajyproved  3fay  28,  1888. 

Chctn.  97  ^^Ef'OI'VE  IN  ADDITION  TO  A  RESOLVE  RELATIVE  TO  THE  CENTENNIAL 
CELEBRATION  OF  THE  SETTLEMENT  OP  OHIO,  AND  THE  ESTAB- 
LISHMENT OF   CIVIL  GOVERNMENT  IN  THE  NORTHWEST    TERRITORY. 

Allowance  for  Jiesolvcd,  lu  vicw"  of  the  approaching  celebration  of  the 
centennial  ceic-  Centennial  of  the  anniversary  of  the  settlement  of  Ohio,  and 
Btate't"  Ohio!  the  establishment  of  civil  government  in  the  northwest 
territory,  in  which  citizens  of  Massachusetts  were  promi- 
nent, and  in  order  to  accept  the  invitation  of  the  legislature 
of  Ohio  to  have  the  Commonwealth  of  Massachusetts  rep- 
resented at  such  celebration,  which  has  been  fixed  for 
September  fourth  in  the  year  eighteen  hundred  and 
eighty-eight,  at  Columbus,  Ohio,  that  there  be  allowed 
and  paid  out  of  the  treasury  of  the  Commonwealth  a  sum 
not  exceeding  twentj^-five  hundred  dollars,  in  addition  to 
the  five  thousand  dollars  authorized  by  chapter  eighty-five 
of  the  resolves  of  the  present  year,  to  be  expended  under 
the  direction  of  the  governor  and  council  to  enable  the 
Commonwealth  to  be  properly  represented  through  the 
following  officials  of  the  state  government :  —  The  governor 
and  stall",  a  committee  of  three  members  of  the  executive 
council,  the  president  of  the  senate  and  speaker  of  the 
house,  the  joint  committee  on  federal  relations,  a  special 
committee  of  five  senators  and  fifteen  representatives,  to 
be  appointed  by  the  presiding  officers  of  the  two  branches, 
the  clerk  of  the  senate  and  clerk  of  the  house,  and  the 
sergeant-at-arms.  Approved  May  29,  1888. 

Chnr\    OS      Resolve  relative  to  the  safety  of  railroad  employees. 

Safety  of  rail-         liesolvKl,  That  tlic  boai'd  of  rail I'oad   commissioners  is 

road  employees,  j^^j-g^y  instructcd  to  investigate  whether  any  legishitiou 

is  required  to  promote  the  safety  of  trackmen  or  other 

employees  of  railroads  when  at  work  upon  the  roadbed, 


1888.  — Chapters  99,  100,  101.  563 

and  to  report  to  the  next  general  court  the  results  of  their 
investigation  with  such  recomme 
as  may  seem  to  them  expedient. 


investigation  with  such  recommendations  and  suggestions 


Approved  May  29,  1888. 


Resolve  providing  for  an  investigation  into  the  subject  oe  nhnn    99 

THE   abolition   OF   GRADE   CROSSINGS   ON   RAILROADS. 

Resolved,  That  the  governor,  with  the  advice  and  ^^  raUroaX'"^" 
consent  of  the  council,  be  authorized  to  appoint  three 
competent  and  experienced  civil  engineers,  who  shall 
investigate  and  report  in  print  to  the  next  general  court, 
on  or  before  the  first  day  of  February,  eighteen  hundred 
and  eighty-nine,  upon  the  subject  of  the  gradual  abolition 
of  the  crossing  of  highways  by  railroads  at  grade,  with 
such  suggestions  and  recommendations  as  to  the  best 
method  of  accomplishing  such  abolition  as  shall  seem  to 
them  expedient.  Such  engineers  shall  include  in  their 
report  recommendations  as  to  the  methods  of  apportioning 
costs  and  the  payment  of  damages  occasioned  when  such 
crossings  are  abolished.  Said  engineers  shall  have  power 
to  employ  such  clerical  and  other  assistance  as  may  be 
necessary  for  carrying  out  the  objects  of  this  resolve,  and 
the  engineers  shall  receive  such  compensation  for  their 
services  as  the  governor  and  council  may  determine  : 
provided,  however,  that  the  whole  amount  expended  under 
the  provisions  of  this  resolve  shall  not  exceed  ten  thou- 
sand dollars,  and  the  term  of  office  of  said  engineers  shall 
not  extend  beyond  the  first  day  of  February,  eighteen 
hundred  eighty-nine.  Approved  May  29,  1888. 


Resolve  relating  to  the  infliction  of  the  death  penalty,  r^i  „  ,  -i  (\r\ 

Resolved,    That   the  commissioners    of  prisons    be  in-  intiiction  of  the 
structed  to   investigate  the  various  methods  of  inflicting  <^'^"''"M>enaity. 
the  death  penalty,  and  report  the  result  of  their  investiga- 
tions to  the  next  general  court.     Approved  May  29,  1888. 

Resolve  concerning  the  income  of  the  Massachusetts  school  z^/,^,,,  1Q1 

FUND   AND   to    AID    THE    SUPPORT    OF    COMMON    SCHOOLS   IN    THE  ^  ' 

SMALLER  TOWNS   OF   THE   COMMONWEALTH. 

Resolved,  That   the  state    board   of  education   ])e  re-  Board  of  educa- 
quested  to  prepare  a  plan  for  a  more  equitable  distribution  ilTpreplueT'* 
of  the  moiety  of  the  income  of  the  Massachusetts  school  p'-"' f^' tj'e 

/.         1  •    1  /.  1  1  /.      t  more  equitable 

lund,    with  reierence    to    the   needs   of  the   smaller  and  distribution  of 
poorer  towns  of  the  Commonwealth,  and  to  report  the 


564: 


1888.  —  Chapter  102. 


game  to  the  next  general  court,  and  that  there  be  appro- 
priated and  paid  from  the  treasury  of  the  Commonwealth 
at  the  time  of  the  next  distril)ution  of  the  income  of  the 
school  fund,  the  sum  of  forty  thousand  dollars  for  the 
purpose  of  aiding  in  the  support  of  common  schools  in 
the  smaller  towns  of  the  state  ;  said  amount  to  be  paid  to 
towns  having  a  valuation,  in  the  year  eighteen  hundred 
and  eighty-seven,  of  three  million  dollars  or  less,  in  pro- 
portion to  the  number  of  children  between  five  and  tifteen 
years  of  age,  in  said  towns,  as  shown  in  the  last  returns 
to  the  board  of  education  :  provided,  that  no  part  of  said 
amount  shall  be  paid  to  any  town  having  a  tax  rate  for 
school  support  during  the  year  eighteen  hundred  and 
eighty-seven  less  than  the  average  tax  rate  for  said  pur- 
pose in  the  Commonwealth  for  said  year. 

Approved  May  29,  1888. 


Chap.l02 


Allowance  for 
a  new  school 
building,  etc., 
at  the  normal 
school  at 
FraiuiDgham. 


Resolve  providing  for  a  new  school  building  and  for 
repairing  and  enlarging  crocker  hall  at  the  state 
normal  school  at  FRAMINGHAM. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  one 
hundred  thousand  dollars,  to  be  expended  at  the  state 
normal  school  at  Framingham,  under  the  direction  of  the 
state  board  of  education,  for  the  following  purposes:  — 
For  building  a  new  schoolhouse,  for  removing  the  old 
schoolhouse  and  fitting  up  the  same  for  use  while  re- 
building, for  repairing  and  enlarging  the  building  known 
as  Crocker  hall,  for  heating,  plumbing  and  ventilation, 
for  electric  lio:htin"',  for  chanoes  in  water  works  and 
drains,  and  for  architects'  commissions  and  expenses. 
The  unexpended  balance  of  the  sum  authorized  for  repairs 
at  said  school  by  chapter  eighty-eight  of  the  resolves  of 
eighteen  hundred  and  eighty-seven,  amounting  to  the 
sum  of  forty-seven  hundred  and  fifty-three  dollars  and 
fifty-seven  cents,  ma}'  be  used  for  the  purposes  expressed 
in  this  resolve  in  addition  to  the  amount  herein  provided 
for :  provided,  that  no  larger  sum  than  fifty  thousand  dol- 
lars shall  be  expended  during  the  year  eighteen  hundred 
and  eighty-eight.  Approved  May  29,  1888. 


1888.  — Chapters  103,  lOi.  565 


Resolve  providing  for  a  further  investigation  of  the  sub-  (^/^f/rj.lOS 

JECT   of  heating   AND   LIGHTING  PASSENGER,  MAIL  AND  BAGGAGE 
CARS. 

Resolved,  That  the  board  of  raih'oad  commissioners  is  Railroad  com- 
hereby   instructed  to  further   investigate   the  subject  of  "veTigate  sub. 
heating   and  lighting  passenger,  mail  and  baggage  cars,  itdHghUng"^ 
and,  after  giving  a  hearing  to  the  raih'oad  corporations  passenger,  etc., 
interested,  to  make  further  report  thereon  to  the  next 
general  court ;  and  that  until  said  report  has  been  made, 
the  said  board  shall  continue  in  force  approvals  of  methods 
of  heating  already  granted.  Approved  May  29,  1888. 


Resolve  to  provide  for  supplying  the   Massachusetts  re-  niffj^i  104- 

FORMATORY  AT   CONCORD   WITH   PURE   WATER.  -^ 

Resolved,  That  the  commissioners  of  prisons  are  hereby  commissioners 
authorized  to  contract  with  the  town  of  Concord  to  sup-  contraTfor"^ 
ply  the  Massachusetts  reformatory  at  Concord  with  pure  ^of  the^'^aPag^a- 
water,  for  such  compensation  and  for  such  term  of  time  chusetts  re- 

•  \  •       •  iiiT  j^      ^        J*        J.^        •    J.  J.       J?  forraatory. 

as  said  commissioners  shall  deem  to  be  tor  the  interest  oi 
the  Commonwealth.  Approved  May  29,  1888. 


566 


Proposed  Amendment  to  the  Constitution. 


PROPOSED  AMENDMENT  TO  THE  CON- 
STITUTION. 


Amendment  to 
the  constitution 
proposed. 


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


Resolve  providing  for  an  amendment  to  the  constitution 
forbidding  the  manufacture  and  sale  of  intoxicating 
liquors  as  a  beverage. 

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


ARTICLE    OF    AMENDMENT. 

Prohibition  of         The  mauufacturc  and  sale  of  intoxicating  liquors  to  be 

andsaieof  uscd  as  a  bcvcrage  are  prohibited.     The  General  Court 

Mquorras"!  shall  cuact  Suitable  legislation  to  enforce  the  provisions  of 

beverage.  ^his  article. 


Peoposed  Amendment  to  the  Constitution.  567 


Senate,  January  19,  1888. 
The  foresroinof  Article  of  Amendment  is  aoreed  to,  a 
majority  of  the  Senators  present  and  voting  thereon  hav- 
ing voted  in  the  affirmative  ;  and  the  same  is  referred  to 
the  General  Court  next  to  be  chosen. 

Halsey  J.  BoARDMAN,  President. 

House  of  Repkesextatives,  January  25,  1888. 
The  foregoing  Article  of  Amendment  is  agreed  to,  two- 
thirds  of  the  members  of  the  House  of  Representatives 
present  and  voting  thereon  having  voted  in  the  affirma- 
tive ;  and  the  same  is  referred  in  concurrence  to  the 
General  Court  next  to  be  chosen. 

Chas.  J.  No  YES,  Speaker. 


568 


Kesolutions. 


RESOLUTIONS. 


Internal  ional 
court  of  arbitra- 
tion. 


Freight  car  and 
steam  couplers 
and  freight 
train  brakes. 


Resolution  concerning  an  international  court   of  arbitra- 
tion. 

Resolved,  That  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  approve  of  the  efforts 
being  made  relating  to  the  ultimate  ratification  of  treaties 
which  shall  provide  for  the  settlement  hj  arbitration  of 
any  difference  or  disputes  arising  between  the  govern- 
ments of  Great  Britain  or  other  civilized  nations  and  the 
United  States,  which  cannot  be  adjusted  by  diplomatic 
agency,  and  thereby  providing  for  the  settlement  of  all 
international  difficulties  which  may  arise  without  resort- 
ing to  cruel  methods  of  war  and  bloodshed. 

In  Senate,  adopted  February  23,  1888. 

In  House  of  Representatives,  adopted  in  concurrence,  Feb- 
ruary 28,  1888. 

Resolutions   relating  to  freight  car  and  steam  couplers 

AND   to   freight-train   BRAKES. 

Resolved,  By  the  Senate  and  House  of  Representatives 
in  General  Court  assembled  : 

W7/ereas,  Thousands  of  railroad  employees  every  year 
are  killed  or  injured  in  coupling  or  uncoupling  and  in 
handling  the  brakes  on  freight  cars  used  in  interstate 
traffic,  and  most  of  these  accidents  can  be  avoided  by  the 
use  of  uniform  automatic  couplers  and  train  brakes  ;  and 

W7iereas,  The  success  and  growth  of  the  system  of 
heating  cars  by  steam  from  the  locomotive  or  other  single 
source  largely  depends  on  the  adoption  in  interstate  traffic 
of  an  uniform  steam  coupler  ;  and 

Whereas,  These  subjects  are  believed  to  be  of  pressing 
importance  and  within  the  proper  scope  of  the  powers  of 
the  Congress  of  the  United  States,  while  attempts  on  the 
part  of  the  individual  States  to  deal  with  them  have  re- 


Eesolutions.  569 

suited,  and  must  continue  to  result  in  conflicting  regula- 
tions, — 

Resolved,  That  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Massachusetts  in  General 
Court  assembled,  do  most  respectfully  and  earnestly  urge 
upon  Congress  a  consideration  of  the  foregoing  subjects 
with  a  view  to  the  passage  of  a  resolution  instructing  the 
interstate  commerce  commission  to  consider  what  can  be 
done  to  prevent  the  loss  of  life  and  limb  in  coupling  and 
uncou})ling  freight  cars  used  in  interstate  commerce,  and 
in  handling  the  brakes  of  such  cars,  and  in  what  way  the 
growth  of  the  system  of  heating  passenger  cars  from  the 
locomotive,  or  other  single  source,  can  be  promoted,  to 
the  end  that  said  commission  may  make  recommendations 
in  the  premises  to  the  various  railroads  within  its  juris- 
diction, and  report  its  doings  to  Congress,  at  an  early 
date,  with  such  suggestions  as  to  legislation  on  said  sub- 
jects as  may  seem  to  it  necessary  or  expedient. 

Remlved,  That  a  copy  of  these  resolutions  be  trans- 
mitted to  the  Cono-ress  of  the  United  States  and  to  each  of 
our  senators  and  representatives  therem. 

In  Senate,  adopted  March  22,  18S8. 

In  House  of  Representatives,  adopted  in  concurrence,  March 
27,  1888. 

Resolution  requesting  the  state  board  of  health  to  make  state  board  of 

health  requested 
AN   investigation   CONCERNING   THE   SALE   AND   USE   OF   OPIUM.        to  make  investi- 

Remlved,  That  the  State  Board  of  Health  be  requested  ing  sale  and 
to  make  an  investigation  concerning  the  sale  and  use  of  "*^  °  opium. 
opium,  in  various  forms  and  preparations,  with  a  view  to 
ascertain  the  extent  of  the  evils  arising  therefrom,  whether 
such  use  and  evils  are  increasing,  and,  if  so,  the  manner 
and  cause  thereof,  and  what  remedies  for  such  evils  may 
be  proposed,  and  to  report  the  result  of  such  investigation 
to  the  General  Court. 

In  Senate,  adopted  Marrh  29,  1888. 

In  House  of  Representatives,  adopted  in  concurrence,  April  4, 
1888. 

Resolution  relative  to  the  immigration  and    importation  immigration 

INTO   THE  UNITED    STATES     OF    CONVICTS,   LUNATICS,   IDIOTS    AND  fm*!,  U^'ued'*^'"" 

other   persons   LIABLE   TO   BECOME   A   PUBLIC   CHARGE.  States  of  con- 

victs, lunatics, 

Whereas,  His  Excellency  the  Governor,  in  a  message  iJaXtobicom 
to  the  Senate  and  House  of  Representatives,  for  good  and  apubuc  charge 


570  Kesolutions. 

sufficient  reasons  has  requested  that  Congress  be  memo- 
rialized for  a  moditication  of  existing  laws,  which  will 
more  effectually  prevent  the  immigration  and  importation 
into  the  United  States  of  convicts,  lunatics,  idiots  and 
other  persons  liable  to  become  a  public  charge  ; 

Hesolved,  That  the  accompan3'ing  memorial,  addressed 
to  the  Honorable  Senate  and  House  of  Representatives  in 
Congress  assembled,  be  signed  by  the  President  of  the 
Senate  and  Speaker  of  the  House  of  Representatives,  and 
that  the  Secretary  of  the  Commonwealth  is  herel)y  in- 
structed to  transmit  copies  to  the  presiding  officers  of  both 
houses  of  Congress,  to  the  senators  and  members  of  Con- 
gress from  this  Commonwealth,  and  to  the  governors  of 
the  several  States  of  the  Republic. 

In  Senate^  adopted  Ajyril  20,  1888. 

In  House  of  Representatives^  adopted  in  concurrence,  April 
26,  1888. 

Memorial.  MEMORIAL. 

To  THE  HONORABLE  SENATE  AND  HOUSE  OF  REPRESENTATIVES 
IN  CONGRESS   ASSEMBLED  :  — 

The  Senate  and  House  of  Representatives  of  the  Com- 
monwealth of  Massachusetts,  in  General  Court  assembled, 
present  this  memorial : 

The  act  of  Congress,  regulating  immigration,  passed 
1882  and  amended  1884,  forbids  the  landing  of  convicts, 
lunatics,  idiots  or  any  other  person  liable  to  become  a 
public  charge,  and  provides  for  the  return  of  all  convicts 
arriving  at  any  port  of  the  United  States,  except  those 
convicted  of  political  offences,  to  the  countries  from 
which  they  came. 

From  testimony  submitted  to  a  committee  of  this  Leg- 
islature it  is  evident  that,  notwithstanding  these  enact- 
ments, convicts  are  released  from  penal  institutions  in 
Great  Britain  and  Germany,  before  the  expiration  of 
their  terms  of  sentence,  upon  the  condition  of  their  ac- 
cepting a  passage  ticket  to  this  country  or  to  Canada ; 
that  persons  who  have  received  relief  from  public  charity, 
or  who  are  likely  to  ask  for  such  relief,  are  also  sent  to 
this  country ;  that  a  few,  through  the  vigilance  of  the 
immigration  officers,  are  detected  and  returned ;  but  that 
by  falsehood,  subterfuge,  assistance  of  interested  parties, 
and  by  being  in  possession  of  prepaid  tickets  to  some 
interior  town  or  large  city,  numbers  succeed  in  evading 


Eesolutions.  571 

the  law,  especially  when  the  immigrant  is  accompanied  by  Memorial. 
a  relative  or  volunteer  friend  who  has  once  been  in  the 
United  States,  and  who  is  ready  to  vouch  for  the  good 
character  and  the  ability  of  the  immigrant  to  earn  a  liveli- 
hood. 

It  is  plain  that  any  examination,  conducted  with  the 
utmost  vigilance  on  the  part  of  the  immigration  officer, 
of  one  thousand  or  more  passengers  at  the  gangway  of 
a  steamship,  at  the  best  can  only  be  superficial,  and  that 
convicts,  who  by  their  vocation  of  crime  have  habituated 
themselves  to  evade  the  law  and  deceive  detectives,  in 
many  instances  are  able  to  effect  a  landing. 

It  is  an  indisputable  and  well-established  ftict  that  con- 
victs are  not  only  released  from  prison,  but  that  they  are 
transported  to  this  country  either  at  the  expense  of  foreign 
governments  or  by  associations  acting  in  concert  with  the 
officials,  Avho,  in  disregard  of  international  comity,  vio- 
late the  laws  of  the  United  States,  thus  imposing  their 
burdens  upon  the  people  of  this  country — a  procedure 
which  should  awaken  the  just  indignation  of  every  Ameri- 
can citizen,  and  which  calls  for  remedial  legislation. 

The  reports  of  the  public  institutions  of  this  Common- 
wealth show  a  marked  disproportion  between  the  native 
and  foreign  born  inmates,  —  the  foreign  born  receiving 
public  charity  being  60  per  cent. ,  a  very  large  proportion 
of  whom  have  arrived  in  this  country  at  a  comparatively 
recent  date.  In  other  States,  especially  those  that  have 
received  large  accessions  from  Great  Britain,  the  increase 
of  foreign  born  in  the  charitable  institutions  is  equally 
disproportionate  to  the  native  born. 

In  one  of  the  reputable  literary  reviews  for  the  month 
of  March,  1888,  it  is  stated  that  nearly  every  pauper  from 
Great  Britain  was  assisted  to  this  country  either  by  govern- 
mental aid  or  by  so-called  philanthropic  associations. 

The  transportation  of  the  improvident  and  thriftless 
classes  to  other  countries  is  openly  advocated  as  a  meas- 
ure of  philanthropy  in  an  article  published  in  a  reputable 
literary  review  in  London,  January,  1888  : 

"  There  is  no  wider  field  of  work  for  the  philanthropist 
than  this  :  let  each  benevolent  person  take  up  one  thrift- 
less family  as  a  special  charge,  and  assist  emigration. 
Care  must  be  taken  to  provide  a  friend  on  the  other  side, 
for  the  thriftless  do  not  lose  their  thriftlessness  on  the 
voyage,  and  a  good  start  in  the  new  home  is  invaluable." 


572  Acts  and  Eesolves,  Etc. 

Memorial.  j^^  igg2,  and  again  in  1883,  by  acts  of  Parliament,  one 

million  dollars  was  appropriated  to  assist  emigration  from 
Great  Britain;  coincident  with  that  legislation,  and  with 
assistance  by  philanthropic  eftbrt  in  that  country,  is  a 
marked  increase  in  the  disproportion  between  those  of 
native  and  foreign  birth  in  the  prisons,  almshouses  and 
asylums  for  the  insane  throughout  the  United  States. 

Of  paupers  in  the  almshouses  of  the  United  States  in 
1880,  there  was  one  in  986  of  the  native  born  inhabitants 
to  one  in  291  of  the  foreign  born.  Of  the  criminals  in 
prisons  and  workhouses,  there  was  one  in  938  of  the 
native  born  inhabitants  of  the  country  to  one  in  518  of 
foreign  birth.  Of  the  inmates  of  insane  asylums  there 
was  one  in  662  of  the  native  born  population  to  one  in 
254  of  the  foreign  born. 

From  an  examination  of  the  reports  of  the  public  insti- 
tutions in  several  of  the  States,  the  evidence  seems  to  be 
conclusive  that  the  disproportion  between  the  native  and 
foreign  born  inmates  of  those  institutions  is  much  greater 
than  that  reported  by  the  Census  of  1880. 

To  the  end,  therefore,  that  the  people  of  this  Republic 
may  be  protected  from  the  evils  and  burdens  resulting 
from  the  importation  of  convicts,  paupers,  idiots,  insane, 
and  the  thriftless  of  other  countries,  the  Commonwealth 
of  Massachusetts,  with  this  memorial,  asks  for  such 
amendment  of  existing  laws  as  shall  effectually  exclude 
these  classes  of  immigrants. 

HaLSEY    J.    BOAEDMAX, 

President  of  ike  Senate, 
ChAS.    J.    No  YES, 
Speaker  of  the  House  of  Representatives. 


The  General  Court  of  1888,  during  its  annual  session,  passed  four 
hundi-ed  and  forty-four  Acts  and  one  hundred  and  four  Resolves, 
which  received  the  approval  of  his  Excellency  the  Governor 

"  An  Act  appropriating  ten  thousand  dollars  annually  for  the  ]\Iassa- 
chusetts  State  Firemen's  Association  "  was  laid  before  the  Governor 
for  his  approval,  and  was  returned  by  him  to  the  Senate,  in  which  it 
originated,  with  his  objections  thereto ;  was  reconsidered,  agreeably 
to  the  provisions  of  the  Constitution,  and  the  vote  being  taken  on 
passing  the  same,  the  objections  of  the  Governor  to  the  conti-ary  not- 
withstanding, it  was  rejected,  two-thirds  of  the  members  jjresent  and 
voting  thereon  not  having  voted  in  the  affirmative. 

The  General  Court  was  prorogued  on  Tuesday,  the  twenty-ninth 
day  of  May,  the  session  having  occupied  one  hundred  and  forty-seven 
days. 


Governok's  Address.  573 


IKAUGUEAL  ADDRESS 


HIS  EXCELLENCY  OLIVEE  AMES. 


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

ADDRESS. 

Ge?itlem€n  of  the  Senate 

and  House  of  Bepresentatives. 

In  conformity  to  custom  1  first  call  j^our  attention  to 
a  statement  of  the  financial    condition    of    the   Common 
wealth,  as  shown  by  the  reports  of  the  several  depart- 
ments. 

FINANCIAL   STATEMENT. 
Funded  debt  Jan.  1,  1888, 131,429,680  90 

SINKING  FUNDS, 

Amount  of  Sinking  Funds  Jan.  1,  1887,      .        .        .    $18,904,412  62 
Amount  of  Sinking  Fvmds  Jan.  1,  1888,      .        .        .      25,151,510  78 


Increase, $6,187,104  10 

Actual  expenses,  1886, $5,275,502  91 

Actual  expenses,  1887,  so  far  as  can  be  ascertained, .        5,105,393  85 


574  Governor's  Address. 


ESTIMATES   FOR   1888. 

Payments  for  all  puri^oses, $5,784,485  78 

Receipts,  including  cash  on  hand,  but  exclusive  of 

direct  State  tax, 4,065,865  89 


Deficit, $1,718,619  89 

The  large  increase  in  the  Sinking  Funds  is  due  to  the 
sale  of  the  Troy  and  Greenfield  Railroad  and  Hoosac 
Tunnel,  five  million  dollars  of  Fitchburg  Railroad  l)onds 
being  put  into  the  Troy  and  Greenfield  Railroad  Loan 
Sinking  Fund.  The  Commonwealth  also  holds  fifty  thou- 
sand shares  common  stock  Fitchburg  Railroad  Company, 
par  value  five  million  dollars,  wiiich  belongs  to  the  Troy 
and  Greenfield  Railroad  Loan  Sinking  Fund,  but  is  not 
included  in  the  above  figures. 

Of  the  estimated  deficit,  $464,922.88  is  represented  by 
the  taxes  of  the  years  1885,  188()  and  1887,  which  were 
levied  upon  the  stock  of  national  banks  and  which  were, 
paid  under  protest.  This  money  is  held  in  trust,  await- 
ing the  decision  of  the  LTnited  States  Supreme  Court  as  to 
the  constitutionality  of  the  law  under  which  it  was  paid. 

In  view  of  this  showing  I  advise  that  you  exercise  the 
strictest  economy  in  the  matter  of  appropriation.  It  is 
expected  of  us,  as  the  law-making  power,  to  do  all  that 
we  can  to  provide  for  a  diminution  of  the  Commonwealth's 
financial  responsibilities.  If  we  cannot  lessen  them  let 
us  keep  them  Avithin  their  present  bounds. 

During  the  year  the  Commonwealth  will  pay  $3,078,- 
061.25  of  its  debt,  for  which  its  sinking  funds  make  am- 
ple provision. 

SAVINGS   BANKS. 

In  the  savings  banks  and  institutions  for  savings  were 
deposited  at  the  end  of  their  fiscal  year  $302,948,483.01, 
an  increase  in  deposits  for  the  year  of  $11,750,582.05. 
The  number  of  depositors  is  more  than  945,000,  or  nearly 
half  the  number  of  the  people  in  the  Commonwealth. 

I  suggest  that  in  the  interests  of  all  who  are  concerned 
in  the  savings  l)anks  and  institutions  for  savings  there  be 
enacted  a  law  which  will  require  a  calling  in  of  the  books 
of  all  depositors  for  examination  at  stated  periods.  If 
this  were  done  there  could  be  a  comparison  of  the  books 
of  the  depositors  with  those  of  the  banks,  and  thus  one 


Governor's  Address.  575 

means  of  fraud  —  by  entering  one  amount  on  the  book  of 
a  depo.sitor  and  crediting  that  depositor  with  a  smaller 
amount  on  the  books  of  the  bank  —  would  be  rendered 
difficult,  if  not  impracticable.  It  would  be  well,  also, 
where  national  banks  and  savings  banks  are  in  any  Avay 
connected,  to  require  that  the  examination  of  both  insti- 
tutions should  be  made  simultaneously,  so  far  as  it  is 
possible  and  practicable. 

I  think  it  would  be  well  if  to  the  securities  in  which 
savings  banks  and  institutions  for  savings  may  make 
investments  were  added  the  bonds  of  corporations  in 
other  States,  which  have  paid  dividends  on  their  stocks 
without  interruption  for  a  term  of  years. 

SCHOOLS. 

For  the  education  of  the  children  in  the  public  schools 
—  more  than  350,000  in  number  —  there  was  expended 
during  the  year  that  has  just  ended  a  little  more  than 
$7,000,000.  From  the  private  schools  the  returns  made 
are  too  inadequate  and  uncertain  to  be  of  much  value. 

The  schools  in  the  cities  and  large  towns  are  steadily 
improving,  but  in  many  of  the  smaller  towns  they  are 
poor,  and  the  attendance  upon  them  neglected  and  irregu- 
lar. This  state  of  things  will  continue  until  the  schools 
of  these  towns  are  supplied  with  special  and  efficient 
superintendence.  Experience  has  abundantly  proved  that 
wherever  the  superintendence  of  the  schools  is  good,  the 
schools  are  also  good.  The  Legislature  should  devise 
some  way  of  aiding  the  small  towns  in  providing  for  their 
schools  an  adequate  supervision. 

AVithin  the  past  few  years  many  children  of  school  age 
have  been  withdrawn  from  the  public  schools  and  placed 
in  private  schools.  This  has  been  done  to  such  an  extent 
as  to  cause  some  alarm.  And  there  is  reason  for  this 
alarm,  for  the  perpetuity  of  our  Republican  institutions 
depends  largely  upon  the  education  of  all  the  children 
together  in  schools  whose  instructicm  is  controlled  by  the 
State  itself.  The  relations  of  the  State  to  private  educa- 
tional institutions  are  not  well  defined,  and  little  direct 
control  over  them  is  possible.  It  seems,  therefore,  best 
to  deal  with  them  :  — 

1 .  By  making  the  public  schools  so  good  that  all  parents 
will  insist  on  sending  their  children  to  them. 


576  Governor's  Address. 

2.  By  leaving  the  private  schools  to  be  supported  in  all 
cases  by  private  means. 

3.  By  a  thorough  execution  of  all  laws  now  existing 
concerning  these  schools. 

4.  Either  by  the  amendment  of  statutes  now  in  force, 
or  by  the  enactment  of  new  statutes,  if,  in  your  judgment, 
such  action  is  demanded. 


RAILROADS. 

The  Commonwealth  has  at  last  relieved  itself  from  lia- 
bilities and  responsibilities  growing  out  of  the  manage- 
ment of  railroad  lines,  and  I  congratulate  you  that  to  this 
extent  you  are  free  from  complicated  and  embarrassing 
questions  which  for  many  years  have  agitated  the  Legis- 
lature and  prolonged  its  sessions. 

The  prosperity  of  the  Commonwealth  is  largely  depen- 
dent upon  the  wise  and  economical  management  of  our 
railroads.  That  such  management  has  been  equitable  is 
strongly  substantiated  by  the  fact  that  no  question  of  con- 
tested rates  has  come  before  the  Board  of  Railroad  Com- 
missioners during  the  past  year.  I  cannot  too  strongly 
recommend  to  you  to  give  careful  consideration  and  liberal 
support  to  any  measures  which  are  calculated  to  promote 
the  safety,  not  only  of  the  travelling  public,  but  of  the 
railroad  employees.  I  commend  to  your  special  consider- 
ation the  enactment  of  such  laws  as  may  be  needed  to 
further  insure  the  safety  of  bridges  and  the  absolute  pro- 
tection of  the  public  from  danger  from  fire  in  cases  of 
accident. 

STATE   PRISON. 

No  extraordinary  expenditures  will  be  required  at  the 
State  Prison,  unless  it  should  be  deemed  advisable  to 
build  additional  officers'  houses  upon  the  corner  of  Chap- 
man Street  and  Rutherford  Avenue.  There  are  but  twelve 
houses  for  officers  owned  by  the  State  at  Charlestown, 
and  man}^  of  the  officers  of  the  prison  live  long  distances 
from  that  institution  ;  in  case  of  sudden  outbreak  this 
might  be  exceedingly  hazardous.  At  the  point  mentioned 
there  is  unoccupied  land  which  is  the  property  of  the 
Commonwealth,  and  houses  erected  upon  it  and  rented  at 
a  lower  rate  than  the  officers  are  now  required  to  pay 
would  seem  to  be  a  good  investment  for  the  State. 


Governor's  Address.  577 


MASSACHUSETTS    EEFORMATOEY. 

During  the  three  years  which  ended  on  the  twentieth  day 
of  last  month,  the  Massachusetts  Reformatory  received 
2,234  persons,  of  whom  837  remained  within  its  walls  on  the 
date  mentioned.  The  work  thus  far  accomplished  ])y  the 
Reformatory  has  been  of  a  high  order,  and  its  results  are 
encouraging ;  but  the  design  of  the  institution  has  been 
serioush^  interfered  with  by  the  fact  that  to  it  have  been 
sent  men  who  are  wholly  unlit  to  ))e  subjected  to  its  in- 
rtuences.  The  presence  therein  of  habitual  criminals,  who 
have  been  guilty  of  many  petty  offences,  and  of  men  Avho 
are  fifty  j^ears  of  age  or  more,  is  very  objectionable.  It 
is  obvious  that  upon  such  men  reformatory  endeavor  can 
have  but  little  effect,  while  by  theii  committal  to  this  prison, 
young  men,  whom  it  is  intended  to  help,  are  debarred 
from  receiving  its  full  benefits.  Beyond  this,  in  committal 
of  hardened  or  habitual  oft'enders  to  the  Reformatory,  there 
is  the  danger  that  in  the  desire  to  reform  we  may  lose 
sight  of  the  necessity  to  punish. 
,  I  recommend  the  careful  consideration  of  the  laws  re- 
lating to  this  prison,  to  the  end  that  they  may  be  so 
amended  that  neither  those  who  are  unfitted,  either  by 
character  or  by  age,  can  be  committed  to  it. 

PRISON    LABOR. 

The  law  abolishing  contract  labor  in  the  prisons  of  the 
Commonwealth,  passed  during  the  closing  hours  of  the 
session  of  the  last  Legislature,  went  into  effect  on  the  first 
day  of  last  November.  Under  its  provisions  I  have  ap- 
pointed a  general  superintendent,  who  is  in  conference 
with  the  various  prison  officials,  to  the  end  that  idle  men 
shall  be  employed,  and  that,  if  it  be  thought  proper,  im- 
mediate notice  be  given  to  terminate  the  contracts  in 
force. 

This  subject  is  of  such  vital  importance  to  the  discipline 
of  the  prisons  and  to  the  prisoners,  that  1  hope  that  the  law 
will  be  so  amended  that  labor  within  the  prisons  can  be 
carried  on  by  the  methods  usually  employed  elsewhere, 
and  that  the  products  of  prison  labor  can  be  disposed  of 
in  the  open  market  without  unnecessary  restrictions. 

It  seems  to  me  that  this  law  is  also  defective  in  that  it 
nuiltiplies  controlling  authorities,  and  thus  weakens  the 
administration  of  an  institution.     Other   than    executive 


578  Governok's  Address. 

authority,  there  should  be  only  supervision,  and  supervi- 
sion is  provided  for  in  the  Board  of  Commissioners  for 
Prisons. 

In  its  relation  to  the  reformatories,  the  operation  of  the 
law  promises  to  be  seriously  harmful.  The  object  of  these 
institutions  is  not  merely  the  punishment  of  crime,  Init 
the  reformation  of  the  criminal,  and  to  accomplish  the 
latter,  labor  is  essential.  And  this  labor  should  be  just 
that  by  which  the  criminal  stands  the  best  chance  of  earn- 
ing an  honest  living  upon  being  released.  The  use  of 
machinery  is  so  much  a  part  of  wage-earning  to-day,  that 
to  deny  all  knowledge  of  it  excepting  the  primitive  forms  of 
hand  and  foot  power  to  young  inmates  of  the  reformatories, 
is  to  lessen  their  chances  of  living  honest  lives  on  their 
return  to  the  outside  world.  To  prisoners  under  sentence 
for  life  or  for  long  terms  these  things  would  apply  with 
less  mischief,  but  upon  men  who  are  soon  to  resume  the 
ordinary  relations  of  business  and  industrial  life  they 
would  be  especially  severe. 

It  does  not  seem  likely  that  that  requirement  of  the  law 
which  provides  that  instructors  shall  have  the  same  pow- 
ers as  officers  is  practicable,  nor  is  it  likely  that  hand- 
made goods  can  be  so  put  upon  the  market  as  to  compete 
with  those  that  are  machine  made.  The  law  was  designed 
to  prevent  the  competition  of  convict  labor  with  free  labor, 
but  it  should  be  borne  in  mind  that  if  the  convicts  in  the 
various  State  institutions  earn  nothing  toward  their  sup- 
port, free  labor  has  ultimately  to  pay  all  their  expenses, 
and  if  the  convicts  use  up  material  which  after  it  has  been 
manipulated  by  them  becomes  unsaleable,  free  labor  must 
pay  for  that  also.  The  superintendent  of  prisons  esti- 
mates that  to  start  the  operation  of  the  law  will  require  an 
outlay  of  $336,000. 

I  invoke  the  early  attention  of  the  Legislature  to  this 
important  matter. 

DISTRICT    POLICE. 

While  the  district  police  force  has  authority  to  require 
that  buildings  of  a  public  character  and  factories  shall  be 
provided  with  proper  means  of  exit,  it  has  no  power  to 
pass  upon  the  general  safety  of  a  structure.  It  would  be 
well,  I  think,  to  so  enlarge  the  powers  of  the  inspectors 
of  this  force,  that  when  the  authorities  of  a  city  or  town  in 
which  there  is  no  inspector  of  buildings  call  upon  them  to 


Governor's  Address.  579 

perform  the  functions  of  such  an  officer,  they  will  have 
authority  to  do  so. 

I  desire  to  call  your  attention  to  the  operation  of  the 
so-called  "  Illiterate  Minors"  Act  of  the  year  1887,  which 
prohibits  the  emploj^ment  of  minors  between  the  ages  of 
fourteen  and  twenty-one  years  who  cannot  read  and  write 
the  English  language.  The  enforcement  of  this  law  is 
placed  in  the  hands  of  the  district  police,  and  it  has  vastly 
increased  the  amount  of  their  work.  In  fact,  if  they  did 
all  that  ought  to  be  done  under  its  provisions,  there  would 
be  but  little  time  left  them  for  any  other  duties.  I  pre- 
sume that  this  suggestion  will  be  sufficient  to  lead  to 
whatever  action  may  be  necessary  on  this  subject. 

THE    COURTS. 

I  again  call  the  attention  of  the  Legislature  to  the  condi- 
tion of  the  Superior  Court.  That  body  was  established  in 
1859  with  ten  justices,  and  it  now  has  but  twelve.  Since 
its  establishment  the  population  of  the  Commonwealth 
has  increased  by  over  forty  per  cent.,  the  valued  wealth 
of  the  State  has  been  added  to  by  over  one  thousand  mil- 
lions of  dollars,  and  business  of  every  kind  has  been 
greatly  developed.  If  these  were  all  the  changes,  the 
work  of  the  Superior  Court  would  be  materially  increased, 
but  since  its  formation  its  jurisdiction  has  been  greatly 
enlarged  by  the  addition  to  it  of  equity,  divorce,  and 
other  causes.  These  changes  relieve  the  Supreme  Court, 
but  they  still  further  crowd  the  docket  of  the  other  court. 

Another  reason  for  an  increase  in  the  working  force  of 
the  Superior  Court  is,  in  order  that  a  judge  of  that  court 
may  always  be  in  attendance  in  Boston  for  jury- waived 
and  equity  cases.  Under  the  present  system,  the  jury- 
waived  sessions,  in  which  the  equity  business  also  is  done, 
are  variable  and  uncertain ;  and,  taking  all  seasons  of  the 
year  together,  it  is,  in  ftict,  easier  as  a  rule  to  reach  a  jus- 
tice of  the  Supreme  Court  than  a  judge  of  the  Superior 
Court  with  equity  business  in  Boston.  This,  undoubtedly, 
operates  to  keep  down  the  amount  of  equity  business  done 
in  the  Superior  Court,  and  thus  to  defeat  to  a  certain 
extent  the  purposes  of  the  act  of  1883,  conferring  equity 
jurisdiction  upon  that  court.  For  these  reasons  I  recom- 
mend such  addition  to  the  number  of  its  judges  as  may  be 
needed  to  meet,  promptly  and  efficiently,  all  the  demands 
of  its  enlarged  jurisdiction  and  increasing  business. 


580  Governor's  Address. 

I  renew  my  recommendation  foi"  an  additional  sitting;  of 
the  Su})reme  Judicial  Court  for  the  decisions  of  questions 
of  law.  I  am  informed  that  in  some  of  the  counties, 
other  than  Suffolk,  notably  in  Essex,  a  case  disposed  of 
by  verdict  at  the  December  term  of  the  Superior  Court 
cannot  be  argued  even  in  the  Supreme  Judicial  Court  until 
the  following  November,  thus  delaying  the  final  settle- 
ment of  the  case  for  more  than  twelve  months.  An  addi- 
tional sitting  of  the  Supreme  Judicial  Court  at  Boston  to 
dispose  of  questions  of  law,  arising  in  counties  outside  of 
Suffolk,  would  seem  to  provide  a  remedy  for  this  defect. 

CLAIMS    AGAINST    THE    COMMONWEALTH. 

Your  attention  is  called  to  the  provisions  of  chapter  241! 
of  the  Acts  of  the  year  1887,  under  which  the  Superior 
Court  is  given  jurisdiction  of  all  personal  claims,  either 
in  law  or  in  equity,  against  the  Commonwealth.  If  this 
legislation  is  borne  in  mind,  the  Legislature  will  find  much 
relief,  as  under  it  some  of  the  most  vexatious  of  matters 
that  have  formerly  come  before  the  Legislature  will  go  to 
another  tribunal  for  settlement.  Moreover,  this  will  tend 
to  shorten  the  duration  of  the  legislative  sessions. 

To  secure  this  most  desirable  result,  it  will  be  neces- 
sary for  the  Legislature  to  adhere  firmly  to  the  rule  that  all 
cases  within  the  jurisdiction  of  the  court  must  go  there 
for  determination,  and  that  the  Legislature  will  not  here- 
after take  cognizance  of  them. 


ARBITKATION. 

Arbitration  of  labor  questions  in  the  name  of  the  State 
has  been  successfully  practised  during  the  year,  proving 
its  efficacy  as  a  means  of  preventing  and  allaying  friction 
and  quelling  strife  between  the  great  co-operating  agencies 
of  industrial  production,  —  capital  and  labor. 

That  the  State  has  such  a  board  as  that  of  Arbitration 
and  Conciliation,  is  in  itself  a  potent  influence  for  good, 
while  its  action  has  been  such  that  it  has  commanded  the 
respect  of  all  whom  it  concerned.  In  all  cases  passed 
upon  by  the  Board  during  the  j'^ear,  its  recommendations 
have  been  accepted  and  acted  upon  by  both  parties  with- 
out substantial  variation,  —  a  striking  testimony  to  the 
fairness  of  its  decisions. 


Governor's  Address.  581 


THE    MILITIA. 

The  military  force  of  the  Commonwealth  has  steadily 
improved  in  efficiency,  the  attendance  at  tours  of  duty 
during  the  past  year  having  been  the  largest  CA^er  known 
under  its  present  organization.  A  spirit  of  interest  ani- 
mates both  officers  and  men,  and  they  are  rendering  good 
service. 

Appropriations  already  made  will  thoroughly  equip  the 
active  force  with  clothing  during  the  year  ensuing,  and 
further  appropriations  for  uniforms  will  not  be  needed  for 
at  least  live  years. 

The  matter  of  armories  is  an  important  one,  and  it 
should  receive  the  attention  of  the  Legislature,  after  a 
hearing  by  committee  of  those  interested,  upon  a  plan 
submitted. 

The  military  representation  at  the  Constitutional  Cen- 
tennial Celebration  at  Philadelphia  reflected  great  credit 
on  our  citizen-soldiers. 

PUBLIC    HEALTH. 

No  serious  epidemic  disease  has  prevailed  among  the 
people  of  this  Commonwealth  during  the  past  year,  and 
the  carefully  framed  laws  for  the  protection  of  the  public 
health  appear  to  have  been  efficiently  administered. 

One  of  the  results  of  the  report  of  the  Massachusetts 
Drainag-e  Commission,  made  in  December,  1885,  was  the 
passage  of  an  act  by  the  Legislature  of  188G  for  the  pro- 
tection of  the  water  supplies  of  the  Commonwealth.  The 
general  oversight  of  the  rivers  and  ponds  of  the  State  was 
bestowed  on  the  Board  of  Health,  with  authority  to  make 
all  necessary  investigations  and  to  give  advice  when  called 
upon  to  give  it.  The  Legislature  of  1887  made  a  generous 
appropriation  of  money  for  the  purpose  of  carrying  out 
the  provisions  of  this  act. 

The  results  already  obtained  by  the  State  Board  of 
Health  appear  to  justify  this  expenditure,  and  though  a 
thorough  investigation  of  the  Aarious  methods  employed 
in  the  disposal  of  sewage  necessarily  occupies  a  number 
of  years,  enough  has  been  done  to  enal)le  the  Board  to 
give  valuable  advice  to  a  number  of  towns  and  cities 
which  have  consulted  it  with  reference  to  plans  of  water 
supply  and  drainage. 

It  is  evident  that  no  plan  for  a  water  supply  or  for  a 


582  Governor's  Address. 

system  of  sewers  can  be  proposed  which  will  not  affect, 
more  or  less  directly,  the  interests  of  several  municipali- 
ties ;  and  it  is  equally  evident  that  there  is  no  other 
power  than  that  of  the  State  sufficient  to  protect  one  com- 
munity anxious  to  be  relieved  frojn  the  nuisance  of  an 
ill-contrived  or  insufficient  drainage  system  against  the 
ignorance  or  indifference   of  a  neighbor. 

The  fact  that  the  proper  answers  to  these  troublesome 
questions  of  water  supply  and  sewage  disposal  can  only 
be  given  by  experts,  makes  it  almost  necessary  that  this 
advice  should  be  furnished  by  the  State,  under  conditions 
of  complete  impartiality. 

PREVENTION    OF    AVASTE    BY    FIRE. 

Carefully  prepared  statistics  show  that  the  average 
annual  fire  waste  in  Massachusetts  amounts  to  four  and 
one-third  millions  of  dollars,  and  that  fully  one-half  of 
this  destruction  of  property  is  due  to  causes  that  are  pre- 
ventable. Under  the  insurance  system  the  individual 
loss  from  tire  may  be  reduced  to  small  proportions,  but 
the  aggregate  of  such  loss  imposes  an  enormous  burden 
upon  the  community. 

There  should  be  adequate  protection  from  this  loss,  and 
that  there  may  be,  it  is  necessary  to  ascertain  more  def- 
initely its  causes.  The  law  should  be  so  changed  that, 
instead  of  the  inquest  now  required  in  special  cases  only, 
under  chapter  216  of  the  Public  Statutes,  there  will  be  a 
simple  and  inexpensive  means  of  investigating  every  case 
of  fire  within  the  Commonwealth,  the  ascertained  results 
to  be  reported  at  once  to  the  insurance  department. 

WOMAN    SUFFRAGE. 

I  again  earnestly  recommend,  as  an  act  of  simple  jus- 
tice, the  enactment  of  a  law  securing  municipal  suffrage 
to'  women. 

LIQUOR    TRAFFIC. 

Recognizing  the  fact  that  the  laws  of  the  Commonwealth 
authorize  cities  and  towns  so  voting  to  permit  the  sale  of 
intoxicating  liquors  under  certain  restrictions,  I  last  year 
urged  the  advisal)ility  of  a  law  fixing  within  narrow  limits 
the  number  of  })laces  to  be  so  authorized,  and  suggested 
that  the  tax  placed  upon  such  places  be  greatly  increased 
in    amount.     I    now    renew   that    recommendation,    and 


Governor's  Address.  583 

would  further  advise  that  the  sums  thus  received  be  paid 
into  the  State  Treasury,  so  as  to  remove  the  temptation  to 
permit  the  sale  of  intoxicating  liquors  for  the  purpose  of 
increasing  the  city  or  town  revenue. 

The  fact  that  in  some  of  the  cities  there  is  a  saloon  to 
nearly  every  hundred  of  the  population,  shows  the  impera- 
tive necessity  for  further  restrictive  legislation. 

It  would  be  well,  also,  if  only  those  who  are  legal 
A^oters  in  the  city  or  town  in  which  their  business  is  to  be 
pursued  were  authorized  to  sell  intoxicating  liquors.  In 
certain  places,  and  especially  in  those  along  the  coast 
during  the  summer  months,  there  are  many  non-resident 
liquor  sellers,  who,  having  no  permanent  interest  in  their 
surroundings,  conduct  their  business  without  the  re- 
straints which  residence  might  naturally  impose. 

CONSTITUTIONAL    AMENDMENTS . 

In  view  of  the  existing  public  sentiment  concerning 
biennial  elections  and  the  constitutional  prohibition  of  the 
manufacture  and  sale  of  intoxicants  to  be  used  as  a  bever- 
age, it  will  be  your  duty  to  inquire  earnestly  into  the 
probal)le  bearing  of  these  measures  upon  the  public  wel- 
fare, with  a  view,  if  approved,  to  give  them  the  legislative 
sanction  which  is  a  necessary  preliminary  to  the  direct 
expression  of  the  people  thereupon. 

STATE    HOUSE. 

The  accommodations  afforded  by  the  State  House  have 
long  been  insufficient.  Notwithstanding  that  all  the  space 
within  its  walls  is  utilized,  important  departments  of  the 
State  government  are  colonized  at  No.  13  Beacon  Street, 
at  No.  5  Pemberton  Square,  in  the  Clallin  Building,  in 
the  Ticknor  Building,  and  in  the  Commonwealth  Building. 
This  dispersion  of  State  offices  is  not  only  expensive  but 
inconvenient. 

The  State  House  is  a  source  of  large  and  constant  ex- 
penditure. During  the  ten  years  ending  Dec.  31,  1886, 
the  sum  of  $70,440  was  expended  on  it  for  ordinary 
repairs,  and  $184,404.27  for  extraordinary  repairs,  alter- 
ations and  improvements.  In  1887  the  appropriation  for 
ordinary  repairs  was  $10,100,  and  that  for  extraordinary 
repairs,  etc.,  $11,300.  In  addition,  I  find  that  $174,- 
848.63    have    been    approi)riated    for   the    i)urchase    and 


584  Governor's  Address. 

repair  of  the  Commonwealth  Building,  and  $17,011.1)9  on 
account  of  the  house  No.  13  Beacon  Street.  jNIoreover, 
within  the  same  ten  years  the  State  has  also  paid  for 
rentals,  for  commissions  and  boards,  the  sum  of  |70,- 
316.81,  and  the  appropriation  for  the  year  1887  for  the 
same  purposes  was  the  sum  of  $7,400.  These  sums  raise 
the  total  expenditure  for  eleven  years  to  1552,121.83, — 
an  average  disbursement  for  the  State  House,  and  because 
of  its  lack  of  sutEcient  room,  of  more  than  $50,000  per 
annum.  For  this  we  have  but  little  to  show  except  the 
Commonwealth  Building. 

I  advise  that  substantial  additions  be  made  to  the 
present  structure,  and  that  its  interior  be  thoroughly  re- 
constructed, so  that  every  department  of  the  State  gov- 
ernment can  be  accommodated  within  its  walls. 

I  urge  you  also  to  secure  such  lands  as  may  be  desir- 
able for  the  extension  of  the  State  House.  The  buildings 
on  the  land  in  the  rear  of  the  State  House,  which  would  be 
needed  for  such  extension,  are  old  and  of  but  little  value. 
The  land  on  either  side  should  be  secured  to  protect  the 
State  House  from  the  dangers  to  which  it  is  exposed  of 
being  surrounded  by  lofty  structures,  such  as  are  now 
built  on  lands  in  desirable  localities.  The  present  build 
ings  on  these  side  lands  could  be  used  for  State  purposes 
during  the  reconstruction  of  the  State  House,  or  they 
could  be  let  at  remunerative  rents,  so  that  their  purchase 
would  not  be  a  burden  on  the  Commonwealth. 

Senators  and  Representatives  : 

Without  further  suggestion  I  leave  to  you  the  work  of 
enacting  such  laws  as  will  subserve  the  common  interest 
and  promote  the  general  welfare.  We  are  charged  with 
the  power  and  responsibility  of  the  government  of  the 
Commonwealth  for  the  ensuing  jeav.  We  can  discharge 
the  responsibility  only  by  exercising  the  power  for  the 
benefit  of  the  whole  people.  We  enter  upon  our  work 
inspired  by  the  memory  and  example  of  good  and  wise 
men  who  have  filled  these  places  before  us.  The  standard 
of  legislation  in  Massachusetts,  with  hardl}'  an  exception, 
has  been  high ;  let  us  strive  to  maintain  it. 


Special  Messages.  585 


SPECIAL  MESSAGES. 


THE    FOLLOWING     SPECIAL    COMMUNICATIONS    WEKE     MADE    BY    HIS 
EXCELLENCY   THE    GOVERNOR    TO    THE    LEGISLATURE    DUR- 
ING  THE   ANNUAL   SESSION. 

[To  the  Senate  and  House  of  Representatives,  January  9,  1888.] 

I  have  the  honor  to  present  herewith,  in  compliance  rarUonH 
with  chapter  50  of  the  Resolves  of  I860,  a  report  of  the 
pardons  issued  by  the  Governor,  with  the  advice  of  the 
Executive  Council,  during  the  year  of  my  administra- 
tion just  closed.  The  number  of  prisoners  thus  released 
is  forty-six,  of  whom  twenty-one  were  in  the  State  Prison, 
twenty  in  Houses  of  Correction,  two  in  the  Massachusetts 
Reformatory,  and  three  in  the  Reformatory  Prison  for 
Women.  Sickness  was  the  controlling  reason  for  the 
discharge  of  nine,  three  of  whom  have  died. 

No.  1.  S.  Angier  Chase.  Convicted  of  embezzle- 
ment, Superior  Court,  Bristol  County,  June  24,  1878. 
Sentenced  to  State  Prison  for  twelve  years.  Pardoned 
Jan.  19,  1887,  for  the  following  reasons:  First  —  The 
applicant  had  but  little  more  than  a  year  to  serve,  and  the 
purposes  of  justice  seemed  already  to  have  been  satisfied. 
Second  —  His  advanced  age  and  delicate  health.  Third 
—  The  exemplary  conduct  of  the  applicant  since  his  sen- 
tence. Fourth  —  Because  pu])lic  sentiment  seemed  to 
recommend  a  pardon.  Fifth  —  Because  the  judge  who 
sentenced  him,  Hon.  F.  H.  Dewey  of  Worcester,  and  the 
District  Attorney  who  convicted  him,  recommended  a 
pardon. 

No.  2.  Charles  Leavitt.  Convicted  of  being  a 
common  drunkard,  Police  Court,  Lowell,  Aug.  25,  1886. 
Sentenced  to  two  years  in  ^Massachusetts  Reformatory. 
Pardoned  Feb.  9,  1887,  solely  on  the  ground  that  the 
prisoner  was  not  of  sound  mind,  and,  therefore,  an  unsuit- 
able inmate  of  the  Reformatory.  His  mother  could  pro- 
vide him  a  home,  and  desired  to  do  so. 


586  Special  Messages. 

Pardons.  jyT^^  3^     Heney  W.  Colson.     Coiivictecl  of  conspiracy 

to  defraud,  Superior  Court,  Middlesex  County,  Nov.  27, 
1885.  Sentenced  to  three  years  in  House  of  Correction. 
Pardoned  March  4,  1887.  The  committee  recommended 
that  a  pardon  be  granted  because  it  appeared  from  the 
certificate  of  J.  B.  Taylor,  M.  D.,  the  physician  at  the 
House  of  Correction,  that  the  prisoner  was  suftering  from 
tubercular  consumption,  which  would  probably  end  fatally 
within  a  few  months. 

No.  4.  Frank  Finn.  Convicted  of  rape,  Superior 
Court,  Hampden  County,  Dec.  19,  1878.  Sentenced  to 
State  Prison  for  life.  Pardoned  March  24,  1887.  The 
alleged  crime  was  committed  about  two  o'clock  in  the 
morning  in  the  open  air  and  in  the  dark,  and  the  identifi- 
cation rested  mainl}'  upon  the  woman  who  was  assaulted, 
who,  before  the  trial,  at  the  house  of  jMr.  Bodurtha,  the 
town  clerk,  did  not  recognize  Finn  as  the  assailant.  It 
appeared  that  his  case  was  not  carefully  and  fully  pre- 
sented to  the  jury.  It  was  doubtful  whether  the  prisoner 
committed  the  crime.  Pardon  was  recommended  by  S. 
H.  Bodurtha,  the  town  clerk  of  Agawam,  where  the 
oftence  was  committed;  by  Charles  C.  Spellman,  Esq., 
a  member  of  the  Legislature  from  Springfield,  who  was 
at  the  trial  of  Finn  and  heard  all  the  evidence  ;  by  ex- 
senator  Edward  H.  Lathrop,  also  of  Springfield  ;  by  Hon. 
Hugh  O'Brien  and  many  prominent  citizens  of  East  Bos- 
ton, who  had  known  Finn  for  a  long  time,  and  who  testified 
to  his  sober,  industrious  hal)its  and  his  previous  good 
record.  In  view  mainly  of  the  doubt  as  to  the  guilt  of 
the  prisoner,  aided  by  his  previous  good  record  and  his 
exemplary  conduct  while  in  prison,  a  pardon  was  granted. 

No.  5.  John  Slattery.  Convicted  of  assaulting  an 
officer,  Superior  Court,  Suffolk  County.  Sentenced  to 
State  Prison  for  three  years  from  April  1,  1886.  Par- 
doned March  24,  1887.  The  prisoner  had  served  his 
original  sentence  and  about  two-thirds  of  the  sentence  of 
three  years  for  assaulting  an  instructor  in  one  of  the 
prison  shops.  Ex- warden  Chamberlain  said  that  "the 
sentence  of  three  years  Avas  required,  not  so  much  as  a 
punishment  for  the  offence  committed,  as  a  warning  to 
others."  .The  instructor  assaulted  said  that  he  "looked 
upon  it  as  an  outbreak  of  passion  rather  than  an  assault 


Special  Messages.  587 

with  malicious  intent  to  do  harm,"  and  that  he  had  "  no  Piudons. 
wish  that  the  sentence  shouhl  l)e  enforced."  Shitteiy  had 
been  a  brave  soldier,  and  had  an  aged  mother  who  was  in 
needy  circumstances  and  whose  declining  years  he  seemed 
sincerel}'  desirous  of  making  comfortable  and  happy.  In 
view  of  the  circumstances  of  the  case,  and  the  fact  that  the 
sentence  was  very  severe,  and  perhaps  excessive,  and  that 
punishment  had  accomplished  all  that  was  possible  for  the 
prisoner,  the  pardon  was  granted. 

No.  (3.  Thomas  Baolev.  Convicted  of  attempting  to 
break  jail,  Superior  Court,  Berkshire  County.  Sentenced 
to  House  of  Correction  for  six  years,  from  Jan.  19, 
1885.  Pardoned  March  30,  1887.  The  prisoner  had 
served  his  original  sentence,  and  was  confined  for  the 
further  crime  of  attempting  to  break  jail  and  assaulting 
an  officer.  The  petition  for  his  release  was  signed  by  the 
leading  citizens  of  Pittstield  familiar  with  the  case,  and 
urged  strongly  by  ex-Sheriff  Wellington,  the  jailer, 
prison  physician,  chairman  of  the  board  of  selectmen  of 
Pittstield,  and  others.  It  appeared  that  the  prisoner  was 
twentj'^-two  years  of  age,  of  a  respectable  family  living  in 
Waterbury,  Conn.,  where  he  \yas  born  and  where  his 
parents  still  reside  ;  that  his  health  was  alarmingly  poor, — 
confinement  and  chronic  pleurisy  undermining  his  consti- 
tution, as  certified  by  the  prison  physician.  The  District 
Attorney  recommended  his  pardon,  considering  his  feel)le 
health,  his  evident  determination  to  lead  a  better  life,  and 
the  strong  belief  entertained  by  the  committee  that  he  could 
be  reclaimed  if  released  and  sent  home  to  his  parents. 

No.  7.  George  11.  Waterman.  Convicted  of  em- 
bezzlement, Superior  Court,  Essex  County,  May  29, 
1878.  Sentenced  to  State  Prison  for  twelye  years.  Par- 
doned March  30,  1887.  The  prisoner  made  no  attempt 
to  escape  punishment,  though  he  had  opportunity  to  do 
so  after  his  crime  became  public  and  l:)efore  his  arrest. 
He  made  restitution  so  far  as  he  was  able,  and  plead  guilty 
in  court.  Attorney-General  Sherman,  who  was  District 
Attorney  at  the  time  of  the  conviction,  and  Hon.  Daniel 
Saunders,  counsel  for  the  Pacific  Mills  from  which  the 
embezzlement  was  made,  were  present  at  the  hearing  and 
made  no  objection  to  the  pardon  being  granted.  The 
pardon   was   urged   by   State    Auditor    Ladd,    Eli/al)etli 


588  Special  Messages. 

Paidous.  Stuart  Phelps,  and  by  a  large  number  of  the  leading  citi- 

zens of  jNIelrose  where  Waterman  formerly  resided,  and 
also  by  prominent  citizens  of  Boston,  Andover  and  Law- 
rence, who  had  signed  petitions  and  were  present  at  the 
hearing.  It  appeared  that  the  aged  mother  of  the  pris- 
oner, who  alone  of  his  family  had  stood  by  him,  was  in 
feeble  health  and  likely  to  die  in  an  attack  of  heart  trouble 
to  which  she  was  subject.  She  urged  that  she  might  see 
her  son  before  she  died.  The  prisoner  had  served  nine 
years,  a  longer  term  than  the  court  now  imposes  for  simi- 
lar oflences.  A  pardon  was  granted  in  view  of  these  facts, 
and  believing  that  justice  had  been  satisfied  and  that  the 
community  would  suffer  no  injury,  while  the  prisoner 
might  receive  great  benefit  therefrom. 

No.  8.  Geo.  M.  Brown,  alias  Henry  F.  Brown. 
Convicted  of  burglary.  Superior  Court,  Worcester 
County,  May  27,  1878.  Sentenced  to  twenty  years  in 
State  Prison.  Pardoned  April  6,  1887,  upon  the  certifi- 
cate of  the  prison  physician,  that  the  prisoner  was  in- 
curabh^  sick  with  heart  disease,  and  liable  to  die  at  any 
moment.  He  died  on  the  cars  on  the  following  day,  while 
being  taken  to  his  friends  in  Lenox. 

No.  9.  Egbert  ^I.  Whitford.  Convicted  of  rape, 
Superior  Court,  Berkshire  County,  July  Term,  1880. 
Sentenced  to  State  Prison  for  life.  Pardon  recommended 
April  6,  1887,  to  take  effect  Dec.  31,  1887.  The  town 
officers  and  many  of  the  leading  citizens  of  Stockbridge 
who  knew  the  prisoner  signed  the  petition  and  recom- 
mended the  pardon.  It  appeared  that  the  prisoner  at  the 
time  the  offence  was  committed  was  a  very  young  man, 
and,  in  the  language  of  the  District  Attorney,  was  "  wild 
with  liquor,"  and  under  the  influence  of  an  older  and 
more  vicious  companion  who  took  the  lead.  He  had 
never  been  convicted  of  an  offence  before,  and  had  always 
been  a  quiet,  good-natured  boy  without  vicious  tendencies. 
Hon.  H.  J.  Dunham,  the  justice  of  the  district  court 
before  whom  AVhitford,  without  counsel,  pleaded  guilty, 
urged  the  pardon,  and  said  that  he  would  sec  to  it  that 
the  prisoner  was  put  into  some  good  position  where  he 
could  earn  an  honest  living.  It  appeared  that  the  con- 
duct of  the  prisoner  had  been  good  while  in  prison.  In 
view  of  all  the  circumstances  of  the  case  and  of  the  strong 


Special  Messages.  589 

evidence   that   the  punishment   had    worked  a  complete  Pardons. 
reformation  of  the  prisoner,  and  that  he  would  in  future 
be  a  useful  member  of  society,  a  pardon  was  granted. 

No.  10.  Charles  H.  West.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  County,  February 
Term,  1886.  Sentenced  to  State  Prison  for  five  years. 
Transferred  to  the  Reformatory  Sept.  2,  1886.  Pardoned 
April  20,  1887.  It  appeared  that  the  wife  and  child  of 
the  prisoner  were  wholly  dependent  upon  him  for  support, 
and  that  his  aged  father  and  mother  needed  his  assist- 
ance ;  that  he  had  always  been  a  dutiful  son  and  a  faith- 
ful husband  and  father,  but  had  become  distracted  by  the 
death  of  one  of  his  children,  and  by  his  inability  to  save 
enough  out  of  his  small  salary  of  six  hundred  dollars  a 
year  to  pay  the  undertaker's  bill ;  that  the  crime  was 
wholly  unpremeditated,  and  the  property  was  not  taken 
from  the  premises  but  was  found  there  the  day  following 
the  crime.  The  officers  of  the  corporation  by  which  he 
was  employed  at  the  time  the  crime  was  committed  urged 
the  granting  of  the  pardon,  and  testified  that  they  had  the 
fullest  confidence  in  the  honesty  of  the  prisoner,  and  were 
ready  to  trust  him  freely  and  recommend  him  as  a  suit- 
able person  for  employment.  His  brother  promised  him 
constant  employment.  The  judge  who  sentenced  the  pris- 
oner intimated  that  this  was  a  suitable  case  for  a  pardon. 

No.  11.  Thomas  Murphy.  Convicted  of  beings  ac- 
cessory  to  the  crime  of  larceny,  Superior  Court,  Plymouth 
County,  Feb.  18,  1886.  Sentenced  to  the  House  of  Cor- 
rection for  eighteen  months.  Pardoned  April  27,  1887. 
It  appeared  that  the  principal  in  the  crime  was  put  on 
probation.  That  Murphy  had  never  been  complained  of 
for  any  ofience  before  the  commission  of  this  crime  ;  that 
he  was  a  sickly,  deformed  young  man,  whose  health,  in  the 
opinion  of  Dr.  E.  D.  Hill  of  Plymouth,  would  be  greatly 
impaired  by  longer  confinement.  His  release  was  recom- 
mended by  Hon.  Henry  B.  Peirce,  Secretary  of  the  Com- 
monwealth, and  Henry  A.  Noyes,  chairman  of  the  select- 
men of  Abington.  Immediate  employment  was  promised 
him. 

No.  12.  Rebecca  Leman.  Convicted  of  burning 
buildings,   Superior  Court,  Berkshire  County,  Jan.   21, 


590  Special  Messages. 

Pardons.  1879.     Sentenced  to  the  Reformatory  Prison  for  twelve 

years.  Pardoned  May  3,  1887.  The  pardon  was  urged 
by  Prison  Commissioner  Fay,  Secretary  Spalding  and 
Mrs.  Ellen  C.  Johnson,  Sui)erintendent  of  the  Reforma- 
tory Prison.  It  appeared  from  Mrs.  Johnson's  statement 
that  the  old  companions  of  the  prisoner  were  either  dead 
or  out  of  the  country  ;  that  the  prisoner  had  proved  her- 
self thoroughly  trustworthy  during  the  nine  years  of  her 
incarceration,  and  that  if  pardoned  Mrs.  Johnson  would 
provide  a  place  for  her  in  which  she  could  immediately 
tind  employment  and  a  home.  It  further  appeared  that 
the  prisoner  was  influenced  to  commit  the  crime  by  an 
accomplice  who  has  since  fled  the  country,  and  that  she 
was  convicted  upon  her  own  confession.  As  it  was  felt 
that  the  ends  of  justice  had  been  satisfied,  and  that  the 
I)risoner  if  released  would  become  an  honest  member  of 
society,  a  pardon  was  granted. 

No.  13.  Robert  F.  Jones.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  Feb.  12,  1887.  Sen- 
tenced to  Massachusetts  Reformatory  on  an  indeterminate 
sentence.  Pardoned  May  4,  1887,  upon  the  recommenda- 
tion of  the  prison  physician,  as  he  was  hopelessly  ill  with 
diabetes,  and  confined  to  his  bed  in  the  hospital.  He  died 
May  5. 

No.  14.  Maek  W.  Frisbee.  Convicted  of  larceny 
and  embezzlement  in  the  Superior  Court  for  Suffolk 
County  and  in  the  Municipal  Court  for  East  Boston,  Oct. 
16,  1886.  Sentenced  to  eight  months  (four  months  on 
each  indictment)  in  House  of  Correction.  Pardoned 
Ma}^  11,  1887,  on  the  ground  that  the  prisoner  was  in  the 
last  stages  of  consumption,  and  could  live  but  a  short 
time. 

No.  15.  Elmer  Phelps.  Convicted  of  adultery, 
Superior  Court,  Berkshire  County,  July  21,  1886.  Sen- 
tenced to  House  of  Correction  for  fifteen  months.  Par- 
doned May  11,  1887,  for  the  reason  that,  according  to  the 
statements  of  numerous  petitioners  and  of  the  District 
Attorney,  there  were  mitigating  circumstances  attending 
the  crime  which  made  it  appear  that  the  imprisonment 
already  suffered  was  sufficient  punishment  for  the  offence 
committed,  and  that  the  good  of  the    prisoner  and   the 


Special  Messages.  591 

interest  of  the  public  would  be  furthered  by  the  exercise  rardons. 
of  executive  clemency. 

No.  16.  John  J.  Bohan.  Convicted  of  over-driving  a 
horse,  District  Court,  Eastern  Norfolk,  April  13,  18^7. 
Sentenced  to  two  months  in  the  House  of  Correction. 
Pardoned  May  11,  18^7.  Pardon  was  asked  for  by  the 
justice  who  sentenced  the  prisoner,  the  complainant,  and 
the  selectmen  of  Randolph,  on  the  ground  of  the  youth  of 
the  prisoner,  his  previous  good  character  and  the  belief 
that  the  well-being  of  society  would  not  be  injured  by  his 
pardon . 

No.  17.  John  J.  Gleason.  Convicted  of  arson, 
Superior  Court,  Franklin  County,  Aug.  23,  1886.  Sen- 
tenced to  the  House  of  Correction  for  five  years.  Par- 
doned May  18,  1887,  upDU  the  recommendation  of  the 
District  Attorney,  sheriff  and  physician  of  the  House  of 
Correction,  because  of  the  serious  illness  of  the  prisoner, 
which,  at  his  advanced  age,  eighty-one  years,  was  likely 
to  prove  fatal  within  a  few  months. 

No.  18.  Eugene  J.  Sullivan.  Convicted  of  assault, 
Superior  Court,  Middlesex  County,  Nov.  24,  1885.  Sen- 
tenced to  three  years  in  House  of  Correction.  Pardoned 
May  25,  1887.  Pardon  was  recommended  by  all  the 
jurors  who  convicted  the  prisoner,  by  ex-Governors  Rice 
and  Claflin,  the  Hon.  A.  W.  Beard,  Hon.  H.  C.  Lodge, 
Hon.  Hugh  O'Brien,  mayor  of  Boston;  Hon.  James  A. 
Fox,  ex-mayor  of  Cambridge,  and  many  other  prominent 
gentlemen  ,  including  clergymen.  It  appeared  that  the 
prisoner  was  under  great  provocation,  his  premises  having 
been  forcibly  invaded.  There  was  grave  doubt  in  the 
minds  of  the  committee  as  to  just  how  Driscoll  met  his 
death,  and  they  were  greatly  influenced  by  the  testimony 
of  Surgeon-General  Holt,  that  it  could  not  have  happened 
from  a  blow  of  the  list.  There  w^as  much  conflicting 
testimony  as  to  what  happened  to  Driscoll  when  he 
reached  home  after  the  affray,  and  it  appeared  that  he 
received  little  or  no  care  for  nearly  twenty-four  hours 
afterwards.  Upon  a  very  careful  consideration  of  all 
the  circumstances  connected  with  the  case,  and  the  evi- 
dence of  a  large  number  of  witnesses  who  testified  before 
the  committee,  both  as  to  the  assault  and  the  previous 


592  Special  -Messages. 

I'aitioiiB.  good  character  of  the  prisoner,   who  appeared    to  be  a 

good-natured,  easy-tempered  man,  the  committee  were  of 
the  opinion  that  the  ends  of  justice  had  been  subserAed, 
and  that  a  pardon  should  l)e  granted. 

No.  19.  Thomas  F.  Kenney.  Convicted  of  embez- 
zlement, Superior  Court,  Middlesex  County,  Nov.  12, 
1886.  Sentenced  to  the  House  of  Correction  for  ten 
months.  Pardoned  June  1,  1887,  upon  the  recommenda- 
tion of  the  prison  physician.  Dr.  Taylor,  who  appeared 
before  the  committee  and  asked  for  a  pardon,  as  the 
prisoner  was  in  feeble  health  which  would  probably  de- 
velop into  incurable  consumption  if  he  was  not  speedily 
released.  The  District  Attorney  joined  in  recommending 
a  pardon. 

No.  20.  Feanklin  J.  Moses.  Convicted  of  obtain- 
ing money  by  false  pretences,  Superior  Court,  Sutlblk 
County,  Sept.  Term,  1885.  Sentenced  to  State  Prison 
for  three  years.  Pardoned  June  2,  1887.  It  appeared 
from  the  statement  of  the  prison  physician  that  the 
prisoner  had  been  in  the  hospital  most  of  the  time  since 
his  incarceration ;  that  he  was  in  very  feeble  health,  and 
that  if  his  life  were  prolonged  he  must  receive  careful 
attention  outside  prison  walls.  Considering  that  the 
prisoner  had  served  almost  two  years  of  a  sentence  that 
seemed  entirely  disproportionate  to  the  offence,  and  was 
in  failing  health,  it  seemed  that  a  pardon  should  be 
granted. 

No.  21.  John  D.  N.  K.  Powell.  Convicted  of 
subornation  of  perjury,  Superior  Court,  Suffolk  County, 
March  Term,  1«84.  Sentenced  to  State  Prison  for  five 
years.  Pardoned  June  16,  1887.  It  appeared  from  the 
testimony  of  many  reputable  witnesses  that  the  prisoner, 
who  was  an  old  soldier,  was  in  poor  health ;  that  his 
family  needed  his  assistance,  and  that  he  could  secure 
immediate  employment  if  released.  Assistant  District 
Attorney  Adams,  who  tried  Powell,  testified  that  he  was 
not  properly  defended,  and  that  there  were  other  parties, 
not  tried,  who  were  interested  in  preventing  a  full  dis- 
closure by  the  prisoner,  which,  had  it  been  made,  would 
doubtless  have  implicated  them  and  in  part  relieved  him. 
In  consideration  of  the  above  statement  of  Mr.  Adams, 


Speciaj.  Messages.  593 

and  the  belief  entertained  by  the  committee  that  the  pris-  pa,don.s. 
oner  was  a  tool  of  more  designing  men,  that  the  punish- 
ment suffered  had  been  ample,  and  that  the  public  would 
not  be  injured  by  the  restoration  of  this  man  to  an  honest 
life,  they  unanimously  recommended  his  release. 

No.  22.  Adelbert  H.  Hinkley.  Convicted  of  assault 
with  intent  to  ravish,  Superior  Court,  Worcester  County, 
Feb.  15,  1884.  Sentenced  to  eight  years  in  State  Prison. 
Pardoned  conditionally,  on  the  ground  of  innocence,  April 
29,  1885.  On  the  fourth  day  of  August,  1886,  he  was 
sentenced  for  assault  and  battery  to  six  months  in  the 
House  of  Correction,  Worcester  County.  This  constituting 
a  breach  of  the  condition  of  said  pardon,  on  the  twenty- 
ninth  day  of  January,  1887,  he  was  remanded  to  the  State 
Prison  to  serve  the  unexpired  term  of  his  former  sentence. 
Pardoned  June  28,  1887,  solely  because,  if  the  Governor 
and  Council  of  1885  were  satisfied  that  Hinkley  was  not 
guilty  of  the  crime  charged,  even  a  breach  of  the  condi- 
tions of  the  pardon  they  granted  did  not  justify  the  present 
executive  in  punishing  him  for  that  of  which  a  former 
tribunal  has  found  him  not  guilty. 

No.  23.  Nathan  P.  Pratt.  Convicted  of  embezzle- 
ment, Superior  Court,  Middlesex  County,  March  10,  1884. 
Sentenced  to  State  Prison  for  four  years.  Pardoned  July 
7,  1887.  The  prisoner  was  for  many  years  secretary  and 
treasurer  of  the  lieading  Savings  Bank,  which  ended  in  a 
disastrous  failure  March  22,  187y.  A  son  of  the  prisoner, 
employed  as  a  clerk  in  the  bank,  through  outside  specula- 
tions, squandered  a  large  amount  of  the  funds  of  the  bank  ; 
afterwards,  not  being  able  to  get  more  without  its  being 
known  by  the  father,  he  put  before  him  the  facts,  and  said 
in  substance,  "  Father,  you  must  carry  me  through  or  send 
me  to  State  Prison."  Tempted  by  paternal  love,  the 
father  yielded  and  negotiated  the  securities  of  the  bank  to 
assist  his  son.  The  speculation  proved  a  failure,  the  bank 
failed,  the  son  fled  and  has  never  been  heard  of  since  ;  the 
father  w^as  arrested  and  had  been  in  prison,  either  await- 
ing trial  for  want  of  bail  or  serving  sentence,  for  a  period 
of  eight  years.  The  receivers  of  the  bank  strongl}^  urged 
a  pardon,  certifying  "  that  they  were  satisfied  that  the 
subsequent  transactions  with  the  funds  and  securities  of 
the  bank,  in  wliich  it  was  found   that  the   treasurer  had 


594  Special  Messages. 

Paitions.  participated,  were    supposed    l)y  him   to  be  in  aid  of  a 

scheme  which  he  thought  would  certainly  restore  to  the 
bank  all  that  had  been  taken  therefrom.  We  are  con- 
vinced that  none  of  the  property  of  the  bank  was  used 
for  the  benefit  of  the  treasurer  personally,  and  that  his 
f)wn  fortune  was  lost  and  that  he  is  now  a  poor  man." 
The  District  Attorney  said  "  that  had  it  not  been  for  his 
son,  I  believe  he  never  would  have  proved  false  to  his 
trust,  and  that  he  would  have  lived  and  died  honored  and 
respected  by  the  community  in  which  he  was  born."  In 
view  of  these  facts,  the  feel)le  health  and  advanced  age 
(seventy-three  years)  of  the  prisoner,  the  committee  rec- 
ommended his  release. 

No.  24.  Frank  Allen.  Convicted  of  an  attempt  to 
break  jail  and  of  assault  on  an  officer,  Superior  Court, 
Berkshire  County,  Jan.  26,  1883.  Sentenced  to  five 
years  in  the  House  of  Correction.  Pardoned  July  8, 
1887,  upon  the  recommendation  of  the  prison  physician 
and  prominent  physicians  of  Pittsfield,  who  certified  that 
the  petitioner  was  suft'ering  from  chronic  rheumatism  of 
the  heart,  and  was  liable  to  die  at  any  moment. 

No.  25.  Perley  H.  Blood.  Convicted  of  burning  a 
building,  Superior  Court,  Middlesex  County,  July  2, 
1885.  Sentenced  to  House  of  Correction  for  two  years 
and  a  half.  Pardoned  July  14,  1887.  Pardon  was  rec- 
ommended by  the  foreman  and  all  the  jurymen  that 
convicted  Blood,  by  the  complainant,  the  county  com- 
missioners of  Middlesex  County,  the  master,  physician 
and  officers  of  the  House  of  Correction,  and  many  of  the 
prominent  citizens  of  Shirley  where  the  crime  was  com- 
mitted. The  prisoner  was  convicted  entirely  upon  cir- 
cumstantial evidence,  and  there  were  grave  doubts  in  the 
minds  of  the  petitioners  as  to  his  guilt.  The  District 
Attorney  certified  that  "Blood  has  always  protested  his 
innocence  with  the  greatest  apparent  sincerity,  and,  while 
I  believe  him  to  be  guilty,  there  is  the  possibility  of  a 
doubt  about  it,  so  that  I  should  not  be  sorr}^  to  see  him 
released."     No  one  opposed  his  pardon. 

No.  26.  Louis  G.  Hollis.  Convicted  of  perjury, 
Superior  Court,  Essex  County,  Feb.  5,  1886.  Sentenced 
to  State  Prison  for  three  years.     Pardoned  July  21,  1887. 


Special  Messages.  595 

It  appeared  that  Hollis  came  of  a  very  respectable  famih',  Panions. 
and  liis  conviction  was  a  severe  blow  to  his  parents  ;  that 
the  prisoner,  who  was  a  special  police  officer,  had  not 
lived  with  his  wife  for  some  time  prior  to  the  alleged  crime, 
as  he  believed  her  unfaithful  to  him,  and,  according  to  the 
statement  of  the  officers  who  appeared  before  the  com- 
mittee, and  the  written  statement  of  the  District  Attorney 
on  tile,  he  had  good  reason  for  such  belief.  The  clerk  of 
courts  for  Essex  County,  who  heard  the  evidence,  stated 
in  writing  that  it  did  not  fully  satisfy  him  of  the  prison- 
er's guilt.  It  further  appeared  that  a  severe  illness, 
together  with  his  domestic  troubles,  had  so  affected  his 
mind  and  warped  his  judgment,  that,  in  the  opinion  of  the 
committee,  he  was  not  fully  responsible  at  the  time  of  his 
alleged  oftence.  The  pardon  was  recommended  l)y  eight 
of  the  jury  who  tried  him,  by  the  district  police  officer 
who  prosecuted  him,  and  by  many  reputable  citizens  of 
Lynn  who  knew  the  prisoner  and  his  family. 

No,  27.  Philip  Ryan.  Convicted  of  breaking  and 
entering,  four  indictments,  Superior  Court,  Middlesex 
County,  June  13,  1879.  Sentenced  to  State  Prison  for 
twelve  3^ears.  Pardoned  July  27,  1887.  The  value  of  all 
the  property  taken  was  less  than  ninety  dollars.  Ryan  was 
but  nineteen  years  old  at  the  time  he  committed  the  crime, 
and  had  no  counsel  at  the  trial.  He  had  served  more  than 
eight  years  of  his  sentence.  Permanent  employment  was 
promised  him  if  released.  The  trial  justice  Avho  commit- 
ted him,  and  many  of  the  first  citizens  of  Waltham,  peti- 
tioned for  his  pardon  on  the  ground  that  the  sentence  of 
twelve  years  was  unusually  disproportionate  to  the  crime 
committed,  and  that  if  he  had  had  counsel  his  sentence 
would  have  ])een  nmch  less  severe* 

No.  28.  John  T.  Brennan.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  September  Term,  1885. 
Sentenced  to  House  of  Correction  for  three  years.  Par- 
doned July  28,  1887.  The  pardon  was  petitioned  for  l)y 
Oliver  Ditson  &  Co.,  John  C.  Haynes  &  Co.,  C.  D.  Cobl) 
c'v:  Bros.,  Hosmer,  Codding  &  Co.,  and  others,  who  certi- 
fied that  Jirennan,-  for  a  long  time  prior  to  the  connnission 
of  the  crime  for  which  he  was  sentenced,  was  a  sol)er,  in- 
dustrious, hard-working,  honest  man,  al)le  to  j^rovide  for 
and  providing  for  the  support  of  his  wife  and  cliiklren  ; 


59G  Special  Messages. 

Pardons.  ]^^^^  falling  iiito  bad  company,   he   contracted  bad  habits 

from  which  this  oflence  resulted.  The  prison  physician 
certified  that  he  "  had  been  under  treatment  in  the  hospi- 
tal for  nervous  prostration,  and  if  he  continues  getting 
worse,  as  he  probably  will,  he  will  be  in  no  condition  to 
support  his  familj^  when  he  is  released,  about  ten  months 
from  now."  Considering  all  these  circumstances,  a  pardon 
was  granted. 

No.  29.  Mrs.  Annie  C.  Aknold.  Convicted  of  lar- 
ceny, Superior  Court,  Essex  County,  May  26,  1887. 
Sentenced  to  the  Reformatory  Prison  for  one  year.  Par- 
doned Aug.  3,  1887.  The  pardon  was  urged  by  the 
mayor  and  many  prominent  citizens  of  Rockland,  Me., 
where  Mrs.  Arnold  formerly  resided,  and  who  bore  testi- 
mony to  her  excellence  of  character  and  reputation 
in  Rockland.  The  District  Attorney  who  tried  her  rec- 
ommended a  pardon,  saying:  "I  have  not  been  able  to 
ascertain  that  there  has  ever  been  a  suspicion  against  her 
character  and  standing  in  the  community .  I  do  not  believe 
that  she  belonged  to  the  criminal  class  or  that  she  would 
ever  commit  any  crime  against  the  Commonw^ealth."  The 
party  from  whom'  the  goods  were  taken  also  urged  a 
pardon.  The  officers  making  the  arrest  appeared  and 
testified  that  in  their  opinion  the  crime  was  entirelj"  unpre- 
meditated by  the  prisoner,  who  restored  to  them  the 
articles  received  by  her  from  others.  A  pardon  was 
granted  in  view  of  these  facts,  and  with  the  belief  that  the 
applicant  had  been  taught  a  lesson  which  she  would 
never  forget. 

No.  30.  Thomas  Swift.  Convicted  of  assault  and 
battery.  Third  District  Court,  Bristol  County,  New^  Bed- 
ford, July  26,  1887.  Sentenced  to  House  of  Correction 
for  three  months.  Pardoned  Aug.  18,  1887,  upon  the 
petition  of  the  judge  w^ho  sentenced  him,  who  stated  that 
he  ' '  sentenced  Swift  without  knowing  the  situation  of 
his  family,  and  so  far  as  he  is  concerned  the  penalty  was 
no  more  than  he  deserved.  But  there  are  five  children, 
the  oldest  only  eight  years  of  age  and  the  youngest  seven 
months,  and  all  are  entirely  dependent  upon  charity 
while  the  husband  and  father  remains  in  confinement. 
Under  the  circumstances,  therefore,  I  am  inclined  to 
recommend  a  pardon.  " 


Special  Messages.  597 

No.  31.  Patrick  Flaherty.  Convicted  of  larceny,  Pardons. 
Superior  Court,  Suffolk  County,  November  Term,  1885. 
Sentenced  to  House  of  Correction  for  two  years.  Par- 
doned Aug.  12,  1887,  upon  the  certificate  of  the  prison 
physician  that  the  prisoner  was  dangerously  ill  with 
diabetes,  and  could  live  but  a  short  time.  He  died  about 
one  week  after  his  release. 

No.  32.      Nathaniel  Jones.     Convicted    of  larceny,  i 

breaking  and  entering,  and  escape  from  prison.  Origi- 
nally sentenced  to  State  Prison  Feb.  23,  1886,  for  ten  ' 
years.  Re-committed  Aug.  2i],  1886.  Pardoned  Sept. 
14,  1887,  upon  the  certificate  of  the  prison  physician  that 
he  was  suffering  from  heart  disease  of  a  dangerous  char- 
acter, and  would  probably  live  but  a  few  days.  He  died 
in  a  New  York  hospital  Sept.  21. 

No.  33.  Mary  Delaney.  Convicted  of  assault  and 
battery.  Third  District  Court,  Bristol  County,  at  New 
Bedford,  Aug.  25,  1887.  Sentenced  to  pay  a  fine  of 
$5  and  costs.  Pardoned  Sept.  14,  1887.  The  prisoner 
was  committed  for  non-payment  of  fine  and  costs  amount- 
ing to  $10.83,  and  had  about  thirty  days  to  serve.  She  was 
about  to  give  birth  to  a  child,  and  to  the  end  that  the  child 
might  not  be  born  in  prison,  and  that  she  might  receive 
better  care  than  could  there  be  given  her,  the  District 
Attorney  and  master  of  the  House  of  Correction  recom- 
mended that  a  pardon  be  granted. 

No.  34.  Johanna  Hurley.  Convicted  of  adultery, 
Superior  Court,  Worcester  County,  Jan.  26,  1887. 
Sentenced  to  House  of  Correction  for  one  year.  Par- 
doned Sept.  28,  1887,  for  the  following  reasons  :  First  — 
That  the  husband  of  the  petitioner  had  condoned  the 
offence,  and  was  extremely  solicitous  that  his  wife  should 
return  to  his  home.  Second  —  That  this,  taken  in  con- 
nection with  the  fact  that  the  punishment  was  dispropor- 
tionate to  the  offence,  seemed  to  make  a  clear  case  for 
executive  clemency. 

No.  35.  John  Arthur.  Convicted  of  larceny,  Supe- 
rior Court,  Hampden  County,  Jan.  5,  1883.  Sentenced 
to  State  Prison  for  seven  years.  Pardoned  Oct.  15,  1887. 
Prominent  citizens  of  Springfield  appeared  in  his  behalf. 


598  Special  Messages. 

Pardons.  j^  appeared  the  sentence  was  passed  at  a  time  when  much 

excitement  existed  in  the  community  in  regard  to  acts  of 
violence  committed  by  the  hoodlum  element,  and  that  he 
received  what  seemed  to  be  an  excessive  sentence.  It 
appeared  that  the  young  man  had  changed  in  character 
during  his  incarceration,  and  that  if  released  he  would  lead 
a  very  different  life.  A  letter  was  received  from  the  Dis- 
trict Attorney  sustaining  these  views  of  the  case  and  rec- 
ommending a  conditional  pardon. 

\ 

No.  36.  Thomas  J.  Bower.  Convicted  of  rape,  Su- 
perior Court,  Middlesex  County,  April  1,  1878.  Sen- 
tenced to  State  Prison  for  twelve  years.  Pardoned  Oct. 
26,  1887,  on  account  of  serious  illness  —  Bright's  disease 
—  and  the  probable  danger  of  his  return  to  his  home  in 
Indiana  during  the  cold  weather  of  Deceml^er,  when  his 
time  Avould  expire. 

No.  37.  JosEFH  W.  Thompson.  Convicted  of  rape, 
Superior  Court,  Franklin  County,  Aug.  26,  1876.  Sen- 
tenced to  State  Prison  for  fifteen  years.  Pardoned  Nov. 
17,  1887.  The  prisoner  had  suft'ered  over  eleven  years 
imprisonment,  had  less  than  a  year  remaining  to  serve, 
and  had  an  opportunity  to  obtain  steady  employment. 
The  pardon  was  recommended  by  a  large  number  of 
prominent  citizens  of  Conway,  in  which  town  the  pris- 
oner had  always  lived,  and  where  the  oft'ence  was  com- 
mitted. 

No.  38.  Merrick  A.  Burbank.  Convicted  of  adul- 
tery, Superior  Court,  Berkshire  County,  July  2S,  1887. 
Sentenced  to  nine  months  in  House  of  Correction.  Par- 
doned Nov.  21,  1887,  upon  the  recommendation  of  the 
selectmen  and  many  prominent  citizens  of  Pittsfield,  and 
by  the  ex-District  Attorney  who  tried  the  case,  and  who 
personally  appeared  and  urged  a  pardon  for  the  following 
reasons  :  "  The  prisoner  was  the  son  of  one  of  Pittsfield's 
most  worthy  inhabitants  and  now  lying  upon  a  sick  bed 
and  very  much  affected  on  account  of  the  imprisonment 
of  his  favorite  boy,  whose  present  condition  was  caused 
by  excessive  use  of  intoxicating  liquor ;  in  every  other 
respect  he  is  a  good  citizen.  Considering  that  his  wife  is 
willing^  to  foro^ive  him  and  live  with  him  as  before,  and 
considering  all  the  circumstances, —  including  the  condition 


'  Special  Messages.  599 

of  his  father,  —  if  a  conditional  pardon  should  be  granted  I'^'dons. 
him  I  think  it  would  be  as  eflfectual  as  to  keep  him  in 
prison  till  his  term  expired." 

No.  39.  Patrick  Daley.  Convicted  of  breaking  and 
entering,  Superior  Court,  Essex  County,  Feb.  6,  1871. 
Sentenced  to  State  Prison  for  life.  Pardoned  Nov.  24, 
1887,  as  an  act  of  executive  clemency  for  Thanksgiving 
day.  The  General  Statutes  under  which  he  was  arrested 
provided  as  the  only  penalty  for  his  offence  a  sentence 
for  life.  Within  a  single  month  of  his  sentence,  the  Leg- 
islature modified  the  statute  by  allowing  the  sentence  to 
be  for  any  term  of  years.  It  is  not  probable  that  the 
same  offence  under  similar  circumstances  would  be  pun- 
ished in  the  discretion  of  the  court  by  a  longer  term  than 
ten  3^ears.  Daley  had  served  nearly  seventeen  years,  and 
during  the  whole  of  this  period  his  conduct  had  been  of 
the  most  exemplary  and  irreproachable  character,  so  ex- 
ceptionally so  as  to  elicit  frequent  comment  and  praise 
from  the  officers  and  others  connected  with  the  prison. 
Daley  served  faithfully  in  the  army  of  the  Union,  and  was 
noted  for  his  bravery  and  endurance.  He  seemed  to  have 
earned  his  release  by  long-continued  good  conduct.  His 
pardon  on  this  ground  will,  it  is  believed,  have  an  excel- 
lent effect  on  the  discipline  of  the  prison.  The  public 
interests  cannot  suffer  by  mitigating  the  severity  of  what 
at  the  present  time  would  be  deemed  an  excessive  sen- 
tence, and  the  prisoner  restored  to  his  wife  and  family 
may  have  one  more  chance  to  take  a  position  as  a  good 
citizen  and  a  useful  member  of  the  community. 

No.  40.  Louis  Peabody.  Convicted  of  robbery, 
Superior  Court,  Hampden  County,  December  Term,  1879. 
Sentenced  to  State  Prison  for  life.  Pardoned  Nov.  24, 
1887,  as  an  act  of  executive  clemency  for  Thanksgiving 
day,  for  the  following  reasons  :  Peabody  was  engaged  with 
two  older  brothers,  Frank  and  Eddie  Peabody,  in  an 
assault  and  robbery  of  one  George  L.  Brewster  in  1874, 
when  Louis  was  but  fourteen  years  old.  Frank,  the 
eldest,  was  of  ill-regulated  mind  and  of  an  impulsive, 
violent  character,  and  completely  dominated  his  younger 
brothers.  He  has  been  three  times  committed  to  insane 
asylums  and  is  now  in  the  insane  hospital  at  Worcester. 
Eddie,  the  next  younger,  died  in  the  State  Prison.     The 


600  Special  Messages. 

Pardons.  brothei's  were  arrested  in  Connecticut  for  a  similar  offence 

committed  a  few  days  previous,  and  sentenced  to  four 
years  in  the  State  Prison  at  Weathersfield.  After  serving 
out  tliis  sentence  they  were  arraigned  in  Springfield  for 
the  robbery  of  Brewster.  Following  the  lead  of  his 
brothers,  and  without  counsel,  Louis  pleaded  guilty.  In 
his  petition  he  says  that  Brewster  appeared  against  them 
at  the  examination,  "  and  said  he  thought  I  had  nothing 
to  do  with  the  robbery,  but  that  I  was  standing  a  little 
distance  away  when  he  was  robbed."  Louis  states  very 
positively  in  his  petition  that  he  was  not  engaged  in  the 
crime.  Brewster  has  recently  written  a  letter  to  the 
chaplain  of  the  State  Prison  to  the  effect  that  Louis  was 
not  concerned  in  the  attack  on  him,  and  he  thinks  it  was 
owing  to  the  protestations  of  Louis  in  his  ftivor  that  he 
suffered  no  more  serious  injury.  The  extreme  youth  of 
Louis  at  the  time  of  the  alleged  offence,  and  the  long 
imprisonment  (nearly  twelve  years)  he  has  suffered, 
seemed  to  make  a  case  of  imperative  necessity  for  the 
exercise  of  mercy,  while  the  grave  doubts  cast  upon  the 
guilt  of  the  accused  seemed  to  create  a  claim  of  nearly 
equal  strength  in  the  name  of  justice. 

No.  41.  Alonzo  Freeman.  Convicted  of  rape,  Su- 
perior Court,  Worcester  County,  May  23,  1879.  Sen- 
tenced to  State  Prison  for  twenty  years.  Pardoned  Dec. 
1,  1887.  A  pardon  was  granted  for  the  reason  that 
evidence  was  given  to  the  committee  which  it  appeared 
had  not  been  presented  to  the  jur}',  and  which  cast  a  doubt 
upon  the  guilt  of  the  prisoner  of  the  crime  for  which  he 
was  convicted  ;  he  had  served  ten  and  one-half  years,  his 
prison  record  had  been  good,  and  all  things  indicated  that 
his  release  would  be  better  for  himself  and  the  commu- 
nity. 

No.  42.  HoBART  W.  CuMMiNGS.  Convicted  of  adul- 
tery, Superior  Court,  Essex  County,  May  13,  1887. 
Sentenced  to  eighteen  months  in  House  of  Correction. 
Pardoned  Dec.  7,  1887.  It  appeared  that  the  husband  of 
the  woman  with  whom  the  adultery  was  committed  con- 
nived at  and  encouraged  the  adultery,  and  that  the  young 
man  up  to  the  time  when  he  first  met  the  woman  had  borne 
an  irreproachable  character,  and  had  been  the  support  and 
stay  of  the  father  and  mother.     Rev.  Mr.  Stewart  and  Rev. 


Special  Messages.  601 

Mr.  Thurston  of  Lynn  testified  to  the  character  and  stand-  i''»''dou8. 
ing  of  the  family,  and  to  the  previous  good  character  of  the 
youngnian,  whose  prison  record  was  good,  and  who  seemed 
to  have  thoroughly  repented  of  his  crime.  He  had  no 
counsel  at  the  trial,  and  in  view  of  the  fact  that  the  woman 
was  sentenced  to  one  year  in  the  Eeformatory,  his  sen- 
tence, under  all  the  circumstances,  seemed  to  be  excessive, 
and  the  ends  of  justice  satisfied  and  his  reformation  se- 
cured. 

No.  43.  Frederick  Brown.  Convicted  of  assault, 
Municipal  Court,  Dorchester  District,  Boston,  Aug.  25, 
1887.  Sentenced  to  one  year  in  the  House  of  Correction. 
Pardoned  Dec.  14,  1887,  for  the  reason  that  the  applicant, 
an  orphan  boy,  had  never  before  been  guilty  of  any 
offence ;  that  he  had  the  confidence  of  the  community  ; 
that  he  was  not  represented  by  counsel  or  friends  at  the 
trial,  his  uncle  arriving  just  after  the  boy  had  been 
sentenced  and  removed  to  the  House  of  Correction,  and 
too  late  to  save  him  ;  that  no  actual  assault  was  made 
upon  anybody  ;  and,  what  weighed  most  strongly  with  the 
committee,  that,  the  judge  who  sentenced  him  recom- 
mended his  pardon  upon  a  further  and  full  consideration 
of  the  case. 

No.  44.  Louisa  H.  Butterman.  Convicted  of  being 
a  stubborn  child.  Municipal  Court,  So.  Boston,  Dec.  24, 
1886.  Sentenced  to  the  Reformatory  Prison  for  two 
years.  Pardoned  Dec.  22,  1887.  The  prisoner  at  the 
trial  pleaded  guilty.  The  complaint  was  made  by  her 
parents.  No  charges  were  made  against  her  of  either 
lewdness  or  dishonesty.  It  appeared  from  the  testimony 
of  the  probation  officer,  who  was  requested  to  appear 
before  the  committee  on  pardons,  by  the  judge  who 
heard  the  case,  that  the  sentence  imposed  (the  extreme 
sentence  provided  by  the  statute)  was  passed  under  a 
misapprehension  of  the  terms  upon  which  the  prisoner 
could  be  released  from  the  Reformatory  ;  at  the  time  of 
the  commitment  it  being  supposed  that,  if  deserving,  she 
could  be  discharged  within  six  months  on  probation. 
She  had  served  nearly  one  year,  had  been  with  one  ex- 
ception well  behaved,  and,  furthermore,  the  place  of  her 
imprisonment  seemed  unsuitable  to  the  character  of  the 
girl. 


602  Special  Messages. 

I'ardoiiB.  No.  45.     Alfred  C.  Smith.     Convicted  of  assault  and 

batteiy,  Superior  Court,  Norfolk  County,  Sept.  14,  1886. 
Sentenced  to  House  of  Correction  for  two  years.  Par- 
doned Jan.  2,  1888,  for  the  reason  that,  in  the  language 
of  the  selectmen  of  Canton  and  the  district  attorney  who 
tried  the  case,  —  Hon.  E,  C.  Bumpus,  —  "the  ends  of 
justice  have  already  l^een  attained."  It  appeared  that 
there  was  no  trial,  and  the  prisoner  was  not  represented 
by  counsel,  and  pleaded  guilty. 

No.  46.  John  LoFTUs.  Convicted  of  highway  robbery, 
Superior  Court,  Berkshire  County,  Jan.  27,  1886.  Sen- 
tenced to  State  Prison  for  five  years  Pardoned  Jan.  4, 
1888,  upon  a  petition  of  a  large  number  of  the  citizens  of 
Great  Barrington,  where  the  crime  was  committed,  upon 
the  ground  of  the  proba])le  innocence  of  the  prisoner. 
The  evidence  against  him  at  the  trial  was  purely  circum- 
stantial, no  witnesses  testifying  to  having  seen  the  act 
committed.  Subsequently,  a  witness  who  had  testified 
that  he  did  not  know  w^ho  committed  the  rol)bery,  volun- 
tarily went  l)efore  a  magistrate  and  made  an  affidavit  that 
he  had  sworn  falsely,  and  that  the  ofi^ence  was  committed 
by  another  pai-ty  in  his  presence  ;  that  he  shared  in  the 
proceeds  of  the  robbery,  and  that  Loftus  had  nothing  to 
do  with  it.  He  afterwards  repeated  this  testimony  in 
substance  before  the  grand  jury.  Another  person  testi- 
fied before  the  pardon  committee  to  having  seen  this  wit- 
ness wdth  the  other  party  named  in  the  affidavit  in  company 
with  the  person  robbed  just  before  the  time  at  which  the 
robbery  was  committed,  and  that  Loftus  was  not  with 
them.  This  afiidavit  is  on  file  with  the  papers  in  the 
case,  together  with  a  statement  of  the  victim  of  the  rob- 
bery, who  at  the  trial  was  unable  to  identify  his  assailants, 
that  he  "  is  now  entirely  satisfied  that  other  parties,  and 
not  Loftus,  committed  the  crime.  " 


[To  the  Senate  and  House  of  Representatives,  Jan.  11.] 
Dainagi'  by  fire       Qn  the  uij^lit  of  the  24th  of  December,  1887,  one  of  the 

at  the  Slate  *^ 

Normal  School  domiitorics  of  the  State  Normal  School,  situated  at  Fram- 
Mammgiam.  jjjg]^^j^^^  ^^r.jj^  seriouslv  damaged  by  fire.  In  order  to  pre- 
vent further  loss  to  the  Commonwealth,  which  would  be 
caused  by  leaving  the  remainder  of  the  structure  exposed 
to  the  storms  of  winter,  I  have  directed  the  State  Board 
of  Education,  which  has  charge  of  the  school,  to  proceed 
to  secure  the  protection  of  the  damaged  property. 


Special  Messages.  603 

I  call  the  attention  of  the  Legislature  to  these  fiicts, 
that  it  may,  without  further  delay  than  is  absolutely  nec- 
essary, make  provision  for  the  payment  of  the  liabilities 
incurred  in  order  to  secure  the  necessary  protection  from 
further  injury  and  waste,  and  also  for  the  reconstruction 
of  the  building. 

[To  the  Senate  and  House  of  Representatives,  Feb.  21.] 

My  attention  has  been  called  by  the  State  Board  of  ci['^y;;:|;;,^,';;^J, 
Lunacy  and  Charity  to  a  practice  that  threatens,  if  it  is  p^'";',!''*'''"^ 
permitted  to  be  continued,  not  only  to  be  very  expensive 
to  the  Commonwealth,  but  a  source  of  serious  harm  to 
the  morals  of  the  community.  It  is  that  of  sending  crimi- 
nals to  this  countr}^  from  Great  Britain.  There  seems  to 
be  abundant  evidence  that  prisoners  are  released  from  the 
penal  and  reformatory  institutions  of  that  country  on  the 
condition  that  they  go  at  once  to  the  United  States  or  to 
Canada,  and  it  is  believed  that  many  of  those  of  this  class 
who  gro  to  Canada  soon  cross  the  line  to  this  land. 

It  is  almost  inevitable  that  these  people  drift  into  our 
penal,  reformatory  and  charitable  institutions,  and  sta- 
tistics show  that  from  50  to  60  per  cent,  of  the  inmates 
of  our  charitalile  institutions  are  of  foreign  l)irth.  To 
permit  the  immigration  of  those  who  have  been  convicted 
of  crime,  and  who  are  sent  hitherto  relieve  the  community 
in  which  they  have  lived  of  their  presence  and  influence, 
is  bad  policy,  in  whatever  way  the  question  may  be  con- 
sidered. I  am  aAvare  that  the  Commonwealth  is  powerless 
to  put  a  stop  to  such  immigration,  Congress  alone  having 
the  ability  to  do  so.  But  the  Commonwealth  can  and 
should  protest  against  being  made  the  refuge  of  criminals, 
no  matter  whence  they  come,  and  it  can  protest  eflectually 
in  only  one  way ;  that  is,  Iw  memorializing  Congress  for 
such  a  modification  of  existing  laws  that  immigrants  who 
have  been  convicted  of  crime  may  be  forbidden  access  to 
this  country.  I  advise  that  you  memorialize  Congress  for 
such  action  on  its  part. 

For  your  information  and  use  I  send  you  herewith  tlie 
documents  which  have  been  transmitted  to  me  by  State 
Board  of  Lunacy  and  Charity. 

[To  the  Senate,  May  29.] 
The  bill  entitled  "An  Act  appropriating  $10,000  annually  Appropriation 
for  the  Massachusetts  State  Firemen's  Association,"  which  stLte^Ffrcmeu'« 
originated  in  your  honorable  body,  having  been  laid  before  Association. 


604  Special  Messages. 

rae  for  my  revisal,  I  return  it  to  you  with  my  objections 
to  its  becomino;  a  portion  of  the  statutes  of  the  Common- 
wealth. It  is  essentially  a  measure  of  class  legislation, 
and  is,  therefore,  contrary  to  .the  spirit  of  our  Constitution 
and  laws.  It  proposes  to  do  for  a  certain  body  of  men, 
whose  worth  is  beyond  question,  what  should  be  done  for 
them  by  the  cities  and  towns  for  the  benefit  of  which  they 
take  the  risks  incidental  to  their  special  calling. 

There  seems  to  be  no  necessity  that  anything  should  be 
given  by  the  State  to  the  association  at  the  present  time. 
If  such  necessity  were  evident,  the  gift  should  be  in  the 
usual  form,  not  in  that  of  an  annuity.  Upon  the  statute 
book  is  legislation  that  is  not  entirely  dissimilar,  but  if 
this  measure  becomes  law  it  establishes  a  dans^erous 
precedent,  in  that  it  will  make  an  association  a  trustee, 
which  is  to  expend  the  money  of  the  Commonwealth  in 
accordance  with  the  discretion  of  its  board  of  manasfe- 
ment.  These  reasons,  together  with  the  facts  that  the 
State  tax  is  very  large,  and  that  there  seems  to  be  a 
tendency  to  add  yearly  to  the  burdens  which  the  people 
are  called  upon  to  bear,  lead  me  to  request  you  to  revise 
your  action  upon  this  matter. 


CHANGE   OF   NAMES. 


CHANGE    OF    NAMES    OF     PERSONS. 


In  compliance  with  the  reqnirenient  of  the  Public  Statutes,  Chap.  U8,  Sect.  14,  returns  of 
the  following  Changes  of  Names  have  been  received  at  the  Department  of  the  Secretary  of  the 
Commonwealth,  as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective 
Counties :  — 

SUFFOLK  COUNTY. 


Date  of 

' 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

1887. 

Jan.      3, 

Charles  Reisner,* 

Harry  Carlton  Isaac, 

Boston. 

3, 

Maud  Turner,*  .... 

Alice  Maria  Drake, 

Boston. 

3, 

George  A.  Dexter,*   . 

George  Dexter  Hammond,     . 

Boston. 

3, 

George  Peter  Diipris,* 

George  Peter  White, 

Boston. 

17, 

Fannie  May  Newell,* 

Fannie  May  Noble, 

Boston. 

17, 

Carrie  McDavitt,*      . 

Carrie  Nadine  Foster,     . 

Boston. 

17, 

Roger  Ci-andall,* 

Howard  Lancaster  Hayford, . 

Boston. 

24, 

Harry  Pearl  Townes,* 

Chilson  Francis  Doane,  Jr.,   . 

Boston. 

24, 

Catherine  Bates,* 

Catherine  Bates  Carlton, 

Boston. 

Feb.      7, 

Guy  Bunker  Price,*  . 

Guy  Bunker,  .... 

Boston. 

14, 

Neil  Kearney,*  .... 

Joseph  William  Lang,    . 

Boston. 

14, 

Vanessa  Madden,*     . 

Gertrude  Vanessa  Coffin, 

Boston. 

14, 

Pascal  Lynch,*  .... 

William  Roy  Greep, 

Boston. 

14, 

SteUa  Lancey,*  .... 

Stella  Elizabeth  Bowen, 

Boston. 

21, 

Catherine  Gerry,  alias  Donahoe, 

alias  Dodge,*  .... 

Katherina  Elizabeth  Dodge,  . 

Boston. 

Mar.     7, 

Frederick  William  Stroinski,     . 

Frederick  William   Stroinski 

Boston. 

Pepper,         .... 

Boston. 

7, 

Edna  Braman,* 

Edna  Maj'  Crosby, 

Boston. 

14, 

Richard  Ford  Scott,* 

George  Twombly' Hughes,     . 

Boston. 

14, 

Joseph  McLeod,* 

Albert  Carlton  Perry,"     . 

Boston. 

14, 

Elizaljeth  Genevieve  Johnson,* 

Elizabeth    Genevieve    Wad- 

ieigh, 

Boston. 

14, 

Fred  Woodill,*  .... 

Frederick  Currier, . 

Boston. 

14, 

Annie  Murphy,* 

Bessa  May  Jones,  . 

Boston. 

14, 

Marj-  Reed,*      .... 

Mary  Ann  Clark,    . 

Bellhigham. 

21, 

William  Bourne  Peabody, 

William  Oliver   Bourne  Pea- 

body,    

Boston. 

21, 

Elizabeth  Ann  Hickey, 

Elizabeth  Ann  Hinckley, 

Boston. 

21, 

Lottie  Louisa  Doyle,- 

Lottie  Alberta  Trecartin, 

Boston. 

April     4, 

John  Edward  Hanson, 

John  Edward  Eldridge, 

Boston. 

4, 

Frederick  William  Oakes, 

Frederick  William  Hoi  brook. 

Boston. 

4, 

Olive  Maria  Hanson, 

Olive  Maria  Eldridge,    . 

Boston. 

4, 

Lucy  Holl)rook  Oakes, 

Lucy  Holbrook, 

Boston. 

18, 

Louisa  Stein,*    .... 

Lauria  Louisa  Kimball, 

Boston. 

is! 

Grace  Flaglor,*  .... 

Mabel  Edith  Anderson, . 

Boston . 

18, 

Elsie  Jeanette  McLean,*    . 

Ethel  May  Swift,    . 

.  Boston. 

25, 

Alfred  Edwards,* 

Alfred  Crawford  Trenear, 

Boston. 

*  Changed  by  reason  of  adoption. 


608 


Change  of  Names. 


SUFFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


1887. 

May      2, 


2, 

2. 

2, 

9, 

16, 

23, 

23, 

23, 

6, 

6, 

13, 

13, 

20, 

20, 

27, 

27, 


.June 


Julv 


Aiu 


Sept. 


Oct. 


Nov. 


Dec 


;i, 
18, 
15, 
15, 
15, 
15, 

6, 
12, 

3, 

3, 
3, 
10, 
17, 
17, 
24, 
24, 
31, 
31, 
31, 
7, 
7, 
7, 
14, 
14, 
14, 
28, 
12, 
12, 
19, 
19, 


Lucretia  Almira  Taylor  Han- 
son,* 
Julia  A.  AVells  Swift,* 
Henrietta  Stevens,*    . 
Mary  Sullivan,* 
Susan  McManus,* 
Nellie  Frances  King,* 
Annie  Eliza  Murphy, 
Margaret  CLase,* 
John  A. —  Underwood,* 
Ross  Millmore,* 
Edith  Milton,*   . 
Samuel  Weiss,   . 
Nellie  Devlin,     . 
John  Aloysius  Sullivan, 
Harriet  Kimball,* 
Kate  Sullivan,*  . 
Mar}'  Elizabeth  Gorman, 
Freddie  Stewart  Colburn,* 
Carrie  Ella  Ladora  Fickett,* 
Maria  Gratiala  Cloutier,* . 
Jesse  Jennison,* 
Annie  Louise  Barcklett,*  . 
Annie  Frances  McF'arland,* 
Grace  Nourse,*  . 
Charles  Temple  Ward, 
Alfred  Bryant,* . 

George  Herman  Coleman,* 
Jennie  Eliza1)eth  Watkins,* 
Elizabeth  Wahlers,*  . 
Martha  Trask,* . 
George  Carlton  James  Cheney,* 

Cook,* 

John  Thomas  Keliher, 
Alice  Louise  Wetherbee,* 
William  Henry  Loomis,* 
Marian  Bruce,*  . 
Daisy  Aldi-idge  Farling,* 
Mabel  Lhui,* 
Prudence  May  Harris,* 
Mary  Ann  Agnes  Martin, 
Mary  Coffee,*     . 
Harry  Clifford  Brown,* 
Luella  Hunt,*    . 
Nathaniel  Thayer, 
Solomon  Russell  Braley, 
Mamie  Canby,*. 
Lottie  True  Austin,* . 
John  Frances  Munroe,* 


Eleanor  Gladys  Sawyer, 
Demareise  Swift,    . 
Mabel  Hibbard,      . 
Augusta  Garifelia  Morrison, 
Lulu  Marion  Godfrey,    . 
Nellie  Frances  Gloyd,    . 
Annie  Eliza  Douglass,  . 
Caroline  Eunice  Goodwin, 
John  Underwood  Fowler, 
Arthur  Ross  Nute, . 
Edith  Rachel  Ellis, 
Samuel  White, 
Nellie  Peabody, 
John  Aloysius  Gilmore, 
Harriet  Kimball  de  la  Vergne 
Edith  Louise  Bonner,     . 
Mary  Elizabeth  Fleming, 
Thomas  Irving  Young,  . 
Clara  Ella  Ladora  Litchfield 
Maria  Gratiala  Morin,    . 
George  Burnside  Maynard, 
Isabel  Clara  Roel,  . 
Ajmie  Frances  Bird, 
Grace  McCarthy,    . 
Prescott  Temple  Ward,  . 
Frederick  Chamberlain  Rich- 
ards,    .... 
George  Herman  Bath,    . 
Jennie  Elizabeth  Morrill, 
Elizabeth  Goodsell, 
Martha  Ryan, 
George  Carlton  Cheney  James 
Henry  Arthur  Buttrick, 
John  Thomas  Kaler, 
Alice  Louise  Meserve,    . 
Walter  Willie  Morse,     . 
Mabel  Viola  Cook, 
Lillian  Beatrice  Messer, 
Lottie  Olena  Taylor, 
Ettie  Gushing  Matteson, 
Marion  Agnes  Martin,    . 
Marv  Frances  Morgan,  . 
Hai-ry  Clifford  Luff, 
Agnes  Swain, . 
Nathaniel  Francis  Thajier, 
Russell  Stanton  Braley, 
Dora  Gabel  Jewell, 
Lottie  Alice  Hall,    . 
William  Francis  Merrill, 


Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Chelsea. 

Boston. 

Boston. 

Boston . 

Boston. 

Boston. 

Boston. 

Chelsea. 

Boston. 

Boston. 

Tewksbuiy. 

Boston. 

Boston. 

Boston. 

Quebec,  P.  Q. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Utica,  N.  Y. 

Boston. 

Boston. 

Chelsea. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Taunton. 

Boston. 

Boston. 

Wyoming. 

Webster. 

Weymouth. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


609 


ESSEX  COUNTY. 


Date  of 
Decree. 


Original  Xame. 


Name  Decreed. 


Feb. 
Mar. 


May 


IS8T. 

Jan.       3, 

10, 

10, 

7, 

7, 

14, 

April     4, 

11, 

18, 

26, 

2, 

9, 

16, 

Jnne      6, 

Julv    11, 

"     18, 

Sept.     6, 


6, 
26, 
26, 

3, 
10, 
17, 

7, 

7. 
28, 
19, 


Oct. 


Nov. 


Dec. 


Emma  T.  McCarty,* 
Annie  B.  Carpenter,* 
Zita  Welch  *      . 
Helen  Grey  Qnestrom, 
Mabel  R.  Sawyer,*    . 
Lncille  Pervier,* 
George  H.  Matthews,* 
Grace  B.  Johnson,*    . 
Harriet  B.  Poole,* 
Alexander  R.  Porter, 
Lizzie  S.  Hypson,*     . 
Warren  R.  Buckliee,* 
Blanche  E.  Tucker,* 
Margaret  E.  O'Brien, 
Joseph  N.  Mailhot,*  . 
Harriet  E.  FcIIoavs,* 
Honora  Gorman,* 
Helen  McCoffin  Jones,* 
Walter  Smith,*  . 
Catherine  A.  Farrell,* 
Clara  Murraj',*  . 
Eunice  Marshall,* 
Ida  Perkins,* 
Frederick  Cook,* 
Grace  I.  Riissell,*      . 
Ray  Wells,* 
William  H.  Lewis,     . 
William  P'lynn,* 


Maud  Gardner  Favor,    . 
Annie  Belle  Duncan, 
Eva  Isabelle  Curtis, 
Helen  Graj'  Hartshorn, . 
Mabel  Runnels  Porter,  . 
I-ucille  Pervier  English, 
George  Henry  Robinson, 
Grace  Belle  Lurvty, 
Harriet  Belle  Wheeler,  . 
Alexander  S.  Porter, 
Maud  Dolphine  Gault,  . 
Howard  Kdward  VVinslow, 
Blanche  Ethel  Roberts, . 
Margaret  Ellen  Bessom, 
Joseph  Napoleon  Vallec?, 
Harriet  Estella  Roche,   . 
Caroline  Gorman  Odliir, 
Helen  Eliza  Poole, 
Lawrence  Vinton  Bartlett, 
Agires  Starrwood  Orcutt, 
Clara  Uphanr, 
Sarah  Louise  Preston,    . 
Annie  Fletcher  Davis,    . 
Frederick  Cook  Batchelder, 
Grace  Irene  Had  ley, 
Carrie  Lydia  Mnrd(Hi\,  . 
William  Endicott  Lewis, 
William  All)ert  Goodwin, 


L5'nn. 

Haverhill. 

Boston . 

Lynn. 

Newbury  port. 

Salem. 

Boston. 

Haverhill. 

Gloucester. 

Beverly. 

Manchester. 

pjgremont. 

Merrimac. 

.swampscott. 

Haverhill. 

Haverhill. 

Salem. 

Gloucester. 

Lv'nn. 

Lynn. 

Boston. 

Salem. 

Haverhill. 

Newbury. 

Lynn. 

haveihill. 

Lynn. 

Boston. 


MIDDLESEX  COUNTY. 


Jan. 

4, 

Abbv  Barker.*    .... 

Abby  Lane,     .... 

Medford. 

4, 

Isabelle  Allida  Howard,*  . 

Isabelle  Howard  Bent,   . 

Hilisboro',N.  H. 

11» 

Edwin  Earl  Stackpole,*     . 

Edwin  Earl  Smith, 

Everett. 

11, 

Cora  Maud  Mayo,*    . 

Cora  Maud  Howard, 

Melrose. 

11, 

Michael  J.  Keiky,*   . 

Michael  Joseph  Rourke, 

Boston. 

11, 

Maria  L.  1  weedia,*    . 

Maria  Louisa  Atkinson, 

Nantucket. 

Feb. 

23, 

Annie  Small,*     .... 

Maud  Peterson, 

Boston. 

23. 

Elida  J.  Kosman,*     . 

Mabel  Anna  Heyl, . 

Boston. 

Mar. 

1, 

Eva  Bryan,*       .... 

Besse  Lee  Spaulding, 

Tewksbury. 

1, 

George  Bryan,*  .... 

W  illiam  Martin  Spaulding,    . 

Tewksbury. 

8, 

Grace  Bell  Taylor,*    . 

Gi-ace  Bell  Brown,  . 

Maiden. 

15, 

Edith  May  Carpenter,*      . 

Edith  JNIay  Gay,     . 

Concord,  N.  H. 

22, 

Abbie  Maud  Nason,* 

Alibie  Maud  Dermis, 

Woburn. 

April 

0, 

Elizabeth  Jane  McMeeken,*      . 

Apliia  Prentiss  Eastnran, 

Melrose. 

5, 

Frederick  Joseph  Fowler, . 

Frederick  Joseph  Edes,  . 

Newton. 

26; 

Wallace  Bloomfield  Flint, 

W\illace  Bloomtield  Burdett, 

North  l{cading. 

May 

3, 

Louis  Albert  Smith,* 

Louis  Alliert  Souther,     . 

Somerviile. 

3, 

Eva  May  tSmith,* 

Eva  May  Souther,  . 

Somerville. 

3, 

Maud  VVatermyer,*    . 

Mary  Roberts, 

Canrbridge. 

10, 

William  Newtll  Osgood,   . 

William  Parkman  Osgood,     . 

Cambridge. 

17, 

Lizzie  Ellen  Morris,* 

Lizzie  p;ileii  Sherwood,  . 

Maynard. 

24, 

Austin  Mann,*    .... 

p;imcr  Allen  Bursley,     . 

Marlborough. 

24, 

Mira  Gillam,*     .... 

Mira  Eliza  Gillam, 

Lowell. 

24, 

Annie  Tass,*      .... 

Girttrude  Malinda  Ward, 

Cambridge. 

*  Changed  by  reaeon  of  adoption. 


610 


Change  of  Names. 


MIDDLESEX  COUNTY  — CoxcLrcED. 


Date  of     i 

Original  Kame. 

Kame  Decreed. 

Residence. 

Decree.     1 

1887.      1 

June 

7, 

Henry  Austin  Lull,*  . 

Frank  Edwin  Pidgeon,  . 

Camliridge. 

7, 

Mollie  Mutzenliauer,* 

Mollie  Garfield  Hood,     . 

Dracut. 

7, 

Harrie  Darling  Al)l)Ott, 

Harrie  Smith  Abbott,     . 

Maiden. 

7, 

CLarles  Ralph  Abbott, 

Ralph  Kinsman  Abbott, 

Maiden. 

14, 

Mary  P.  Carr,*  .... 

Mary  Carr  Plummer, 

Everett. 

H, 

Caroline    Augusta    Richmond 

Turtle 

Carrie  Augusta  Houghton,     . 

Littleton. 

July 

5, 

Otto  Henricksoii,* 

Otto  Henrickson  Geers, . 

Maynard. 

5. 

May  Louise  Carver,* 

Mabel  Louise  Woodward, 

Melrose. 

5, 

Julia  Thorndike,* 

Julia  Thorndike  Dennis, 

Rockland,  Me. 

12, 

Florence  May  Snow,* 

Florence  May  Faulkner, 

Cambridge. 

12, 

Lottie  Sherwood,* 

Susan  May  Roberts, 

Littleton. 

26, 

Jennie  Hall  Harback,* 

Jennie  Ha"ll  Nichols, 

Sutton. 

Sept. 

6, 

James  Smith,*    .... 

AVilliam  Frederick  Jagerstan, 

Boston. 

6, 

Rena  Simonds,* 

Mabel  Alice  Garvey, 

Medford. 

Oct. 

4, 

Gc'jrge  Butler,*  .... 

George  Butler  Smith,     . 

Boston. 

4, 

Thompson,* 

"W^illiam  Francis  Smith, . 

Portland. 

11, 

Ida  Springtield,* 

Grace  Florence  Polle}-,  . 

Waltham. 

25, 

Georgianna  Lalfard,* 

Daisy  Whitcoml)  Robbins,    . 

Litrleton. 

2.5, 

Julia  Brown,*     .... 

Benita  Anna  Miller, 

Somerville. 

25, 

Mercy  K.  Pickering, . 

Mercy  Knight  Sanborn, 

Somerville. 

2o, 

Nancy  E.  Lee,    .... 

Nancy  Elizabeth  Brigham,    . 

Maynard. 

Nov. 

y, 

Abbie  Emma  Thompson,  . 

Gertrude  Emily  Thompson,  . 

Billerica. 

9, 

}•  loi'ence  Adelia  Pickard,  . 

Florence  Adelia  Williams,     . 

Waltham. 

lo, 

Hannibel  Wellington  Cartv, 

Hannibnl  Wellington,     . 

Arlington. 

In, 

Ruble  Gillis,*     .        .        '.        . 

Ethel  Armenia  Wells,    . 

Boston. 

22, 

AlonzoT.  Nickerson,* 

Walter  Harris, 

Cambridge. 

Dec. 

6, 

Rose  E.  Shedd,* 

Henriette  Morris  Pinkham,    . 

Camln-idge. 

6, 

Katie  Hayden,*  .         .         .        . 

Katie  Perry,    .... 

Chelmsford. 

6, 

Ella  Louisa  Lord, 

Eleanor  Louisa  Lord, 

Maiden. 

6, 

John  Francis  Swett,   . 

John  Francis  Robliins,   . 

Melrose. 

13, 

Pearl  Wingate,* 

Ettynge  Pearl  Walbridge, 

Medford. 

WORCES 

TER   COUNTY. 

Feb. 

15, 

I'lederick  Herbert  Worcester,* 

Frederick  Herbert  Rice, 

W'orcester. 

2:^, 

I'ilie  Frances  Munroe,*     . 

Ellic  Frances  Stone, 

Leominster. 

Mar. 

1, 

Ida  Fenno,*        .         .         .         . 

Ida  Pelican,    .... 

Worcester. 

1, 

1-redFenno,*     .        .        .        . 

Fred  Pelican 

W^orcester. 

April 

0, 

*. 

Philip  Sheridan  Perkins, 

W^orcester. 

0, 

Leonora  Howard,*     . 

Jennie  Leonora  Mason, . 

Southbridge. 

19, 

Rosana  Lamoureux,* 

Rosana  Pinsonnault, 

Spencer. 

19, 

Anna  E.  Casaulion,    . 

Anna  E.  (J.  Puidy, 

Worcester. 

26, 

Jnmes  Haincy,* 

James  Harney  15iennan, 

Webster. 

May 

3, 

Elvira  Augusta  Dean,* 

Elvira  Augusta  Rich,     . 

Brooktield. 

3, 

Alice  Maude  Bartlett,* 

Alice  Estelle  Palmer,      . 

Lancaster. 

3, 

Jane  K.  Nonross, 

Jane  K  Sawyer,     . 

Gardner 

3, 

Kittie  Mal)el  Desilets,* 

Kittie  Mabel  Chapin, 

Worcester. 

17, 

Margaret  Elizabeth  Brown, 

Margaret  Elizabeth  Graham, 

Northbridge. 

July 

19. 

Josephine  Bernard,*  . 

Josephine  Lamoureux,  . 

Worcester. 

^ept 

6, 

Philip  Sidney  Harvey,*     . 

Philip  Sidney  Harvey  Whis- 
low, 

Agawam. 

6, 

Mary  Arabella  Eddy, 

Mary  Arabella  Austin,  . 

Worcester. 

13, 

Kate  Th;iyer,*    .        .        .        . 

Lillia  Josephine  Davis,  . 

Milford. 

*  Changed  by  reason  of  adoption. 


Change  of  Names. 


611 


"WORCESTER  COUNTY  — Conclvded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


1887. 
Sept.    20, 

Oct.       4, 

4, 

Nov.  1, 
15, 
15, 
15, 

Dec.     20, 


Bertba  Goklthwaite  Adams, 

Emma  Ellen  Laichton,*    . 
Cliaiies  Washington  Oaks, 

Roman  Killiy,*  . 
Bertha  Prytme,* 
Artbnr  H.  Sanljorn,* 
Ma])el  Malinda  Clark,* 
Delor  Martin,*  . 


Hoi 


Esther    Louise    Goklth^vaite 

Adams, 
Edith  Louise  Ford, 
Charles     Washington 

brook, .... 
Frank  Wendall  Chase,  . 
Alice  May  Taylor, . 
Ernest  Thompson  Stone, 
Mabel  Malinda  Stone,  . 
Albert  McNair, 


Worcester. 

Boston. 

Berlin. 

Boston. 

Templeton. 

Westhor()Ug"h. 

Canil)ri(li;eport. 

Southhrid^e. 


HAMPSHIRE  COUNTY. 


Jan. 

4, 

11, 

Mar. 

1, 

Sept. 

6, 

Nellie  McQuade,* 
Fred  Douglass  Jackson,* 
Wilbur  Hamilton,*    . 
Lillian  E.  Shepard,*  . 


Nellie  Voigt,  . 
George  Frederick  Jenninus, 
Wilfred  Harold  Bosworth, 
Lillian  E.  Dunklee, 


Easthampton. 
Amherst. 
Southampton. 
South  Hadlev. 


HAMPDEN  COUNTY. 


Jan. 

R, 

11, 

Feb. 

2, 

7, 

May 

4, 

July 

6, 

6, 

6, 

27, 

27, 

Sept. 

7, 
7, 
7, 

7, 

Oct. 

n, 

19, 

Nov. 

9 

Dec. 

14, 

Florence  Chessman,* 
Emma  Cooper,* 
Frank  Elmer  Holt,*  . 
Watson  Gibl)ons,* 
Fannie  Burbank  Rice,* 
Infant  unnamed,* 
Harriet  Flanagan,*    . 
Dora  Lucinda  Rhodes,* 
Helen  May  Thompson,* 
Francis  Holyoke,* 
Florence  Opal  Mulvey,* 
Angenett  Petersen,*  '. 
Leon  Alva  Tibbetts,* 
Moses  Kovenskv, 
Walter  Alonzo  West,* 
William  Hoffman,*    . 
James  Edward  Baker,* 
Louise  Fowler,* 


Florence  Hughes,   . 
Emma  Cooper  Holcomb, 
Frank  Elmer  Anderson, 
Ellis  Watson  Cowdry,    . 
Fannie  Burbank  Bliss,   . 
Winifred  Emmons  Smith, 
Harriet  McDonald, 
Dora  Lucinda  Green, 
Helen  May  Thayer, 
Francis  Alvin  Chapin,    . 
Edith  Opal  Childs, 
Sarah  Annie  Lewis, 
Leon  Alva  Aldrich, 
Moses  Rivers, 

AValter  Alonzo  West  Miner, 
William  Thiele, 
Edward  James  Mclntire, 
Louise  Fowler  Hitchcock, 


Cambridge. 

Boston. 

I'roviilence,  R.  I. 

Granville. 

Granville. 

Springfield. 

Ludlow. 

AVales. 

Springfield. 

Holyoke. 

Worcester. 

Denmark. 

Springfield. 

Springfield. 

HamiKlen. 

Eastlianipton. 

Springfield. 

Westrteld. 


FRANKLIN  COUNTY. 


Mar. 

8, 

April 

5, 

0, 

June 

21, 

Ang. 

2, 

Oct. 

10, 

Dec. 

13, 

James  Van  Dusen,  , 
Lizzie  Louisa  Baker, . 
Pieire  Joseph  Adelard  St 

niaine,     . 
Wallace  Tibbetts, 
John  Day,  . 

Charles  Koscoe  Bancroft, 
Adolph  Ran  let,  . 


Ger 


Frederic  James  Harris,  . 
Lizzie  Louisa  Pennington, 
Pierre  Joseph  Adelard    Asa 
Baribeault,  .... 
Harold  Arthur  Sullivan, 
Chester  Herbert  Guilford, 
Charles  Roscoe  Canedy, 
Harold  Eugene  Humphrey,  . 


Greenfield. 
Heath. 

Montague. 

Orange. 

Ashfield. 

Rowe. 

Orange. 


*  Changed  by  reason  of  acloptiou. 


612 


Change  or  Names. 


BERKSHIRE  COUNTY. 


Date  of 

Original  Name. 

Name  Decreed. 

Kesideiice. 

Uecrec. 

1887. 

Jan.      6, 

Isaliella  Maude  Winton,*  . 

Maude  Winton  Cadv,     . 

North  Adams. 

Fel).      1, 

Hiram  M.  Wing, 

Hiram  W.  Martin,. 

North  Adams. 

1, 

William  A.  Van  Lone,*     . 

William  A.  Wist,  . 

Stock  bridge. 

Mar.      1, 

Walter  Nicholas  * 

Walter  Nicholas  Evans, 

Pittstield. 

1, 

Stella  G.  Tanner,* 

Stella  Grace  Stevens, 

North  Adams. 

July    21, 

Napoleon   Eli  Alexander  Ber- 

nor,* 

Napoleon  Beauregard,    . 

Adams. 

Oct.       4, 

Edward  Hickey,* 

Edward  Madell, 

Pittstield. 

4, 

Maud  Sarah  Yeates,* 

Maud  t^arah  Bowen, 

North  Adams.  . 

NORFOLK  COUNTY. 


Jan. 

19, 

Pel). 

16, 

16, 

Mav. 

9. 

April 

6, 

'20, 

20. 

Sept. 

21, 

Oct. 

0, 

Nov. 

16, 

Lizzie  Mal)el  Thayer,* 

Ignatius  Jay,*    . 

Laura  Tnpper,* . 

Eugene  Newell  Hawks," 

Urnia  Carlton,* 

Celia  Tower  Ringham,* 

John  Lowe,* 

William  Everett  Wortman, 

Wallace  Burns  'i'aynton,* 

Agnes  Hawkins,* 


Lizzie  Mabel  Ellis, 
Ignatius  Jav  Allen, 
Ethel  Fuller,  . 
Eugene  Newell  Gardner 
Urnier  Carlton  Alden, 
Celia  Tower  Porter, 
Fred  Everett  bisbee, 
William  Everett  Morton, 
M'allaee  Ta\ntou  Moiley 
Eunice  Etta  Haggett, 


Boston. 

Boston. 

Dedham. 

Clinton. 

Richmond,  Va. 

Boston. 

Unknown. 

Walpole. 

Elmira,  N.  Y. 

Boston. 


PLYMOUTH  COUNTY. 


Mar. 

14, 

Corteze  Elgin  Hurd,* 

Corteze  Elgin  Lombard, 

Brockton. 

May 

23, 

Howaid  Loud  Helfenstein,* 

Paul  Owen  Wade,  . 

Hull. 

June 

13, 

Ella  Maud  Thomas,* 

Ella  Maud  Johnson, 

Wliitman. 

13, 

Etien  Maria  Callahan,* 

Ellen  Maria  Giles,  . 

Wliitman. 

JulV 

11, 

Idella  Cushing  Pratt,* 

Idella  Cushing  Arnold,  . 

Hanson. 

Sept. 

26, 

Ethel  May  Leach  *     . 

Ethel  Mav  Ellis,     . 

Bridgewater. 

26, 

l-ioieiice  Iraftun  Leach,* 

1-loienie  i'rafton  Woodman, . 

Bridijewater. 

Oct. 

10, 

Margaret  Hurlev,*     . 

Theodora  Clare  White,  . 

Middlel)urough. 

Nov. 

1-i, 

James  W.  Niles,*       . 

Warren  Alford  Allen,     . 

Brockton. 

14, 

George  Caton,  Jr.,*    . 

George  Edward  Oreutt, . 

Hanson. 

28, 

Louisa  West  *    . 

Lula  Irene  Fletcher, 

Brockton. 

Dec. 

12, 

Wary  McLauthlin*   . 

Editii  Mae  Rul)inson,     . 

Brockton. 

27, 

Lilian  J.  Reed,*. 

Lilian  Turk,    .... 

Pemljroke. 

BRISTOL  COUNTY. 


Jan. 

7, 

7, 

Fel). 

4, 

4, 

1«. 

Mar. 

4, 

April 

1, 

I, 

Peter  Doane,*    .        .        . 

Kelley,* 

Margaret  C.  Barlow,* 
Rol)ert  I'oUard,* 
Lillian  Kelley,* . 
Henry  E.  booth,  Jr., 
Agnes  Adelaide  Hampson,* 
Nellie  M.  I'owle,* 
Johanna  Jarvis,* 

Alexander  Kerr,     . 
benjamin  0.  Nickerson, 
Margaret  C.  Domielley, 
Rol)ert  Buckley,     . 
Lillian  Harey. 
George  H.  lirier,     . 
Agnes  Adelaide  Fay, 
Nellie  M.  Fuller,     . 
Johaima  McCormick, 

F. 

ill  River. 

F. 

ill  River. 

Fi 

Ill  River. 

F 

ill  River. 

Fall  River. 

New  Bedford. 

Fi 

ill  River. 

N 

ew  Bedford. 

Fall  River. 

*  Changed  by  reason  of  adoption. 


Change  of  Names. 


613 


BRISTOL  COUNTY -Concluded. 


Date  of 

Original  Name. 

Name  Decreed. 

Resilience. 

Decree. 

1887. 

June 

3, 

Amy  L.  Wilson  * 

Amy  L.  Morse,       . 

Taunton. 

July 

1, 

Blanehe  White,* 

Miliicent  White,      . 

Gardner. 

Aug. 

0, 

Minnie  A.  Gould,*     . 

Minnie  Alice  Lincoln,     . 

Taunton. 

5, 

Mary  Alice  McCarthy,* 

Mary  Alice  Devnie, 

New  Bedford. 

•^, 

Florence  W.  Webber,* 

Florence  W.  Perkins, 

Taunton. 

Sept. 

2 

Anna  H.  Luce,* 

Anna  H.  Thornton, 

Taunton. 

2, 

Ida  Bell  Cliisnell,*     . 

Ida  Belle  Wilde,     . 

Fall  River. 

Oct. 

7, 

Ida  L.  Williams,*      . 

Ida  Liiella  Bradshaw,     . 

Taunton, 

/ , 

Mabel  Vincent,* 

Mal)el  Vincent  Robillard, 

Fall  River. 

Nov. 

18, 

Rita  P.  Nooning',*     . 

Rita  P.  Tripp, 

Fall  River. 

Dec. 

2, 

Lina  Norton,*    . 

Clara  Elizabeth  Sweet,  . 

Norton. 

BARNSTABLE  COUNTY. 


May 

18, 

Sept. 

13, 

Oct. 

26, 

Julia  Victory.*  . 
Helen  May  Harlow,* 
Albert  Godfrey  Allingham,* 


Lucy  Ann  Smith,    . 
Helen  May  Harlow  Jones, 
Edward  Payson  Shiverick, 


Provincetown. 
Barn.'r  table. 
Falmouth. 


NANTUCKET  COUNTY, 


Mar.    10, 


Lizzie  C.  Coffin, . 


Lizzie  Coffin  Fitzgerald, 


Nantucket. 


♦  Changed  by  reason  of  adoption. 


THE 


CIVIL    GOYERNMENT 


(JjammonMalth  of  ^Pa^^arhusitttf), 

AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH 
FOR  THE  POLITICAL  YEAR 

1888. 


EXECUTIVE  DEPARTMENT. 


HIS   EXCELLENCY 

OLIVER   AMES, 


Governor. 


George  H.  Campbell 
Edward  F.  Hamlin  . 


Private  Sec7-etary. 
Executive  Clerk. 


HIS   HONOR 

JOH]^  Q.  A.   BRACKETT, 

Lieutenant-Governor. 


COUNCIL— (By  Districts). 
I. —  JONATHAN  BOURNE 
n.  — ELIJAH   A.  MORSE       . 
HI.  — EBENEZER  M.  McPHERSON 
IV.— MICHAEL  M.  CUNNIFF      . 
v.  — FRANK  D.  ALLEN 
VL  — FRANCIS  JEWETT      . 
VII.  — GEORGE  W.  JOHNSON      . 
Vm.  — LEVI  J.  GUNN     . 


New  Bedford. 

Canton. 

Boston. 

Boston. 

Lynn. 

LowelL 

Bi'ookfield. 

Greenfield. 


HENRY    B.     PEIRCE, 

Secretary  of  the  Commonwealth. 

Henry  J.  Coolidge,  1st  Clerk.  Isaac  H.  Edgett,  2d  Clerk. 

George  G.  Spear,  3d  Clerk. 

ALANSON    W.    BEARD, 

Treasurer  and  Receiver-General. 

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

Joshua  Phifpen,  Cashier. 

CHARLES    R.   LADD, 

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

ANDREW    J.   WATERMAN, 

Attorney  General. 
Henry  C.  Bliss  .        .        .    Assistant  Attorney-General. 

Henry  A.  Wyman     .        .        .    Second  Assistant  Attorney-General. 


LEGISLATIVE  DEPARTMENT. 


GENEEAL    COURT. 

Arranged  in  Accordance  with  the  District  Revision  of  1886. 


SE  :N  ATE. 

IAN. 

President  - 

-HALSEY  J.    BOARDI^ 

District. 

Name  of  Senator. 

Residence. 

First  Suffolk,    . 

D.  Frank  Kimball,     . 

Chelsea. 

Second   " 

Robert  A.  Southworth, 

Boston. 

Third      " 

Patrick  D.Dwyer,     . 

Boston. 

Fourth    " 

John  H.  Sullivan, 

Boston. 

Fiftli       " 

Henry  H.  Sprague,    . 

Boston. 

Sixth       " 

John  A.  Collins, 

Boston. 

Seventh  " 

Edward  J.  Hathorne, 

Boston. 

Eighth    " 

John  F.  Shea,     . 

Boston. 

Ninth      " 

Halsey  J.  Boardman, 

Boston. 

First  Essex, 

William  A.  Clark,  Jr.,  '     . 

Lynn. 

Second  " 

Samuel  Roads,  Jr.,    . 

Marblehead. 

Third     " 

Benjamin  F.  Cook,    . 

Gloucester. 

Fourth   " 

James  D.  Pike,  . 

Merrimac. 

Fifth      " 

David  Walker,  . 

Lynn. 

Sixth      " 

William  T.  McAlpine,       . 

Lawrence. 

First  Middlesex, 

Edward  Glines, . 

Somerville. 

Second      " 

J,  Varnum  Fletcher, . 

Belmont. 

Third 

Chester  W.  Kingsley, 

Cambridge. 

Senate. 


G19 


District. 

Xamc  of  Senator. 

Kesidencc. 

Fourth  Middlesex,     . 

Edward  J.  Slattery,  . 

Framingham. 

Fifth 

Moses  P.  Palmer, 

Groton. 

Sixth          " 

John  K.  C.  Sleeper,  . 

Maiden. 

Seventh     " 

Frank  W.  Howe, 

Lowell. 

First  Worcester, 

Edwin  T.  Marble,      . 

Worcester. 

Second       " 

Silas  M.  Wheelock,   . 

Uxbridge. 

Third          "       . 

Georg-e  P.  Ladd, 

Spencer. 

Fourth        " 

Harris  C.  Hartwell,  . 

Fitchburg. 

Worcester  and  Hamp- 
shire, 

Charles  A.  Gleason,  . 

New  Braintree. 

First  Hampden, 

Charles  C.  Spellman, 

Sprin^eld. 

Second       " 

Levi  Perkins, 

Holyoke. 

Franklin,  . 

Charles  A.  Towne,     . 

Orange. 

Berkshire, 

John  C.  Crosby, 

Pittsfield. 

Berkshire  and  Hamp- 
shire, 

Charles  N.  Clark,      . 

Northampton. 

First  Norfolk,  . 

James  T.  Stevens,     . 

Braintree. 

Second     " 

Enos  H.  Tucker, 

Needhani. 

First  Plymouth, 

Jubal  C.  Gleason, 

Rockland. 

Second      " 

Ziba  C.  Keith,    . 

Brockton. 

First  Bristol,     . 

Austin  Messinger, 

Norton. 

Second    " 

Robert  Howard, 

Fall  River. 

Third       " 

Fraiiklyn  Howland,  . 

Acushnet, 

Cape, 

Isaac  N.  Keith,  . 

Bourne. 

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


Clerk- 
Chaplain. 
Sergeant-at-Arms. 


620 


House  of  Representatives. 


HOUSE   OF   REPRESENTATIVES. 


/Speaker  — CHARLES   J.    NO  YES. 


COUNTY  OF   SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


1st, 

2d, 

3d, 

4th, 

6th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 

14th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  Ward  9, 
Boston,  Ward  10, 
Boston,  Ward  11, 
Boston,  Ward  12, 
Boston,  Ward  13, 
Boston,  Ward  14, 


Charles  T.  Witt, 
Clarence  P.  Lovell 

Patrick  J.  Kennedy 
Thos.  O.  McEnaney 

John  E.  Hayes, 
John  W.  O'Neil, 

William  H.  Preble 
Joseph  H.  Gleason 

Patrick  J.  Calnan, 
Edward  Gagan, 

Harvey  N.  Collison 
Edward  J.  Flynn, 

Thomas  G.  Farren 
John  Doherty, 

Edward  J.  Donovan. 
Harrison  H.  Atwood. 

Wm.  O.  Armstrong, 
Henry  Parkman,     . 

Jacob  Fottler, 
Edward  P.  Fisk,      . 

William  F.  Wharton, 
Andreas  Blume, 

Dennis  J.  Quinn,     . 
Philip  H.  Quinn,      . 

Thomas  F.  Sullivan, 
Edward  J.  Leary,   . 

David  J.  Hagerty,  . 
Charles  J.  Noyes,   . 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Representatives. 

COUNTY  OF  SUFFOLK  — Concluded. 


G21 


Town  or  Ward. 


Name  of  Representative. 


Boston,  Ward  15,  < 

Boston,  Ward  16,  \ 

Boston,  Ward  17,  j 

Boston,  Ward  18,  j 

Boston,  AVard  19,  j 

Boston,  AVard  20,  j 

Boston,  Ward  21,  ^ 

Boston,  Ward  25,  . 

Boston,  Ward  23,  ^ 
( 

Boston,  Ward  24,  ^ 

Boston,  Ward  25, 

Chelsea,  Wards  1, 2,.5,  } 

rChelsea,  Ward4, 
<  Revere,    . 
(^Winthrop, 


Michael  Garity, 
Frank  F.  Woods,     . 

Jeremiah  Desmond, 
James  Donovan, 

Alpheus  Sanford,    . 
John  W.  O'Mealey, 

John  F.  Colby, 
Henry  Frost,   . 

Thomas  L.  Noonan, 
Wm.  H.  Monahan,  . 

Michael  J.McEttrick, 
John  H.McDonough, 

Moses  E.  Ware, 
John  Backuj), . 

James  J.  Dvmlea,    . 

Daniel  Gimn,  . 
Edward  W.  Brewer, 

John  F.  Brown, 
William  T.  Leach,  . 

James  A.  Hathaway, 

Arthur  B.  Champlin, 
William  S.  Hixon,  . 


Lyman  M.  iNIiller, 
David  Floyd,  2d, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston . 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea 
Chelsea. 

Chelsea. 
Winthrop. 


COUNTY   OF  ESSEX. 


f  Salisbury,        .  .  "^ 

J  Amesbury,       .  .  ! 

I  Merrimac,        .  ,  j 

(^  West  Newbury,  .  J 

^  Haverhill,  Wards  1, } 

i      2,  4,  6,  .         .         .1 


Charles  Ooss,  . 
John  C.  Risteen, 


Aldcn  P.  Jaques, 
J.  Otis  Wardwell, 


Amesbury. 
Amesbury. 


Haverhill. 
Haverhill. 


622 


House  of  Repeesentatives. 

COUNTY  OF  ESSEX  — Continued. 


3d, 

4th, 
6th, 
6th, 

7th, 
8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
16th, 

17th, 


Town  or  Ward. 


CHaverhill,  WardsS, 
jo,  ... 

]  Methuen,         .        .  , 
1^  Bradford,         .        .j 

j  Lawrence,  Wards  1, 

^      2, 3,      . 

5  Lawrence,  Wards  4, 

I     5,6,      .        . 

\  Aiidover, 

>  North  Aiidover, 


f  Gi'oveland, 
J  Georgetown, 
j  Boxford, 
(  Topsfield, 


Newburyport,  W'ds 
1,  2,  3,  4,  5,  6,       . 
Newbury, 


('Rowley,  . 
J  Ipswich,  . 
I  Hamilton, 
[  Wenham, 


•1 
I 

•J 


(  Gloucester  ,Wards  1,  "l 

3,4,5,6,7,8,       .! 

Essex,     .        .         .  j 

(^  Manchester,     .        .  J 

Gloucester,  Ward  2,  ? 
Rockport,         .        .  ^ 

Beverly,  . 

Salem,  Wards  1,  2, 

Salem,  Wards  3,  5, 

Salem,  Wards  4,  6, 

Marblehead,    . 

Swampscott,    .         .) 
Lynn,  Wards  2,  3,  .  ^ 


Name  of  Representative. 


William  II.  Poore, 
Albert  L.  Dame, 


INIichael  F.  Sullivan, 
Michael  Carney, 

Wm.  J.  Hinchcliflfe, 
Harry  M.  Eames,    . 

Albert  S.  Manning, 


AVilliam  A.  Butler, 


Edward  P.  Shaw, 
Luther  Dame, 


Caleb  J.  Norwood, , 


George  Dennis, 
Cyrus  Story,  . 
Wm.Howe  Burnham. 


Henry  Friend, 

AYilliam  D.  Sohier 

Francis  T.  Berry, 

Samuel  L.  Gracey, 

Charles  H.Symonds 

Francis  Boardman, 

James  H.  Richards 
Daniel  P.  Stimpson 


Bradford. 
Methuen. 


Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 

Andover. 


Georgetown. 


Newburyport. 
Newbury. 


Hamilton. 


Gloucester. 
Gloucester. 
Essex. 


Gloucester. 

Beverly. 

Salem. 

Salem. 

Salem. 

Marblehead. 

Lauii. 
Swampscott. 


House  of  Eepresen^tatiyes. 

COUNTY  OF  ESSEX  — Concluded. 


623 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

18th, 

^  Lynn,  Ward  4,         .  } 
I  Nahant,  .         .         .  ^ 

James  P.  ]\Iartin,    . 
Elihu  B.  Hayes, 

Lynn. 
Lynn. 

19th, 

^  Lynn,  "Wards  1,  5,  .  ? 
I  Lynnfield,        .         .  ^ 

Joseph  L.  Towne,  . 
Arthur  B.  Breed,     . 

Lynn. 
Lynn. 

20th, 

^  Lynn,  Wards  6,  7,  .) 
I  SaugTis,    .         .         .  ^ 

John  Driseoll, 
Horace  H.  Atherton, 

Lynn. 

Saugus. 

21st, 

Peabody, . 

B.  Frank  Soiithwiek, 

Peabody. 

22d, 

^  Danvers,           .         .  ? 
l  Middleton,       .         .  I 

Ansel  P.  Tyler, 

Middleton. 

COUNTY   ( 

)F  MIDDLESEX. 

1st, 

^  Cambridge,    Wards  ) 
\      1,5,      .         .         .\ 

John  Read, 
Chester  F.  Sanger, . 

Cambridge. 
Cambridge. 

2d, 

}  Cambridge,  Ward  2,  > 

John  W.Wilkinson, 
George  Close, 

Cambi'idge. 
Cambridge. 

3d, 

Cambridge,  Ward  3, 

John  W.  Coveney,  . 

Cambridge. 

4th, 

)  Cambridge,  Ward  4,  > 

Isaac  S.  Pear,  . 
Moses  D.  Church,   . 

Cambridge. 
Cambridge. 

5th, 

Somerville,  Ward  1, 

Samuel  Cutler, 

Somerville. 

Gth, 

Somerville,  Ward  2, 

Francis  H.Raymond, 

Somerville. 

7th, 

^  Somerville,    Wards  ? 
i      3,4,      .         .         .\ 

Irving  L.  Russell,   . 

Somerville. 

8th, 

Medford,  . 

Theodore  P.Dresser, 

Medford. 

9th, 

5  Maiden,  Wards  1,2,? 
I      3,4,5,6,      .        -i 

WilHain  A.Wilde,. 
Daniel  L.  Milliken, . 

Maiden. 
Maiden. 

10th, 

Everett,  . 

Joseph  II.  Cannell, 

Everett. 

11th, 

Melrose,  . 

William  E.  Barrett, 

]\Ielrose. 

12th, 

Stoneham, 

»James  E.  Whitcher, 

Stoneham. 

13th, 

Wakefield,      . 

Chas.  F.  Woodward, 

Wakefield. 

624 


House  of  Kepeesentatives. 

COUNTY  OF  MIDDLESEX  — Continued. 


14th, 
15th, 
16th, 
17th, 

18th, 
19th, 

20th, 

21st, 
22d, 
23d, 

24th, 

2oth, 
26th, 

27th, 
28th, 


Town  or  Ward. 


Woburn, . 
Reading, . 

Arliiiglon, 
Winchester, 

Watertown, 
Belmont, 


3  Newton,  Wards  1 , 2 

I    3,  4,  5,  6,  7,    . 

CWaltham,  Wards  1 

^      2,  3,  4,  5,  6,  7, 
Q  Weston,  . 

f  Lexington, 
I  Lincoln,  . 
■{  Concord, . 
I  Bedford,  . 
1^  Burlington, 

f  Chelmsford,     . 

Billerica,. 

Tewksbnry,     . 

Wilmington,    . 
1^  Xortli  Reading, 

Lowell,  Ward  1, 

Lowell,  Ward  2, 

LoAvell,  Ward  3, 

r  Lowell,  Wards  4,5 

<?  Dracut, 

(^  Tyngsborough, 

Lowell,  Ward  6, 

Natick,     . 

^  Hopkinton, 
(  Ashland, . 

f  Holliston, 
J  Sherborn, 
1  Framingliam,  . 
y  Wayland, 


Name  of  Keprescntative. 


Montressor  T.  Allen, 
Horace  G.  Wadlin, . 

Samuel  W.  McCall, 

Charles  Q.  Pierce,  . 

Arthm'  C .  Walworth, 
Winfield  S.  Slocum, 

Erskine  Warden,     . 

Samuel  O.  Upham, . 

Edwin  H.  Blake,     . 


George  W.  Trull,    . 

Thomas  J.  Flynn,   . 

Francis  W.  Qua, 

Peter  J  Brady, 

Charles  E.  Adams, . 
George  F.  Morey,  . 
Solomon  K.  Dexter, 

Albert  G  .Thompson, 

David  H.  Clark,      . 

Dennis  J.  O'Brien,  . 


William  H.Hastings, 
Charles  E.  Spring,  . 


Woburn. 
Reading. 

Winchester. 

Watertown. 

Newton. 
Newton, 

W.altham. 

Waltham. 


Bedford. 


Tewdvsbury. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Lowell. 

Lowell. 

Natick. 

Hopkinton. 


Framingham. 
Holliston. 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX  — Concluded. 


625 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

\  C  Marlborougli, 
29th,    }  Hudson,  . 
(^Sudbury, 

Arthur  A.  Brigliam, 
'    Thomas  F.  O'Neill, 

Marlborough. 
Sudbury. 

30th, 

'  Maynard, 

Stow, 
I  Boxborough, 
'  Littleton, 
Acton, 
Carlisle,  . 

■  J 

>    Alvin  D.  Russell,    . 

Maynard. 

!  fWestford, 

0 

Qi.f     J  Groton,    . 
'^^^^^  1 1  Pepperell, 
j  (Dunstable,    . 

■ 

•J 

>    Arthur  Wright, 

Westford. 

(  Ayer, 
!  Shirley,    . 
'  Townsend, 
^  Ashby,     . 

•1 

32d, 

• ' 

>    Benj'n  H.  Hartwell, 

Ayer. 

COUNTY  OF  WORCESTER. 

1st, 

rAthol,       .         .         .^ 
<  Royalston,        .         .  > 
(Phillipston,      .        .) 

Sidney  P.  Smith,*    . 

Athol. 

2d, 

( Gardner,          .        . ") 
J  Winchendon,  .         .  | 
1  Templeton, 
1^  Ashbiu-nhani,  . 

( Barre,       .         .         .  "j 

Cliarles  W.  Conant, 
Natli-1  R.  Perkins,  . 

Gai'dner. 
AVinchendon. 

3d, 

Dana, 
<  Petersham, 
Hardwiek, 
Rutland,  . 

Albert  L.  Wiley,     . 

Hardwiek. 

4th, 

'Westminster,  .         A 
Hubbard  ston,  .         .  | 
<^  Princeton, 
Holden,    . 
Paxton,    . 

S.  Dwight  Simonds, 

Westminster. 

r,th, 

'  Brookfield, 
North  Brookfield,    . 
West  Brookfield,     . 
■{  New  Braintree, 
Oakham, 
Sturbridge, 
Warren,  .         .         .J 

Geo.  11.  C'oolidge,  . 
Henry  1).  Ilaynes,  . 

\V.  Brookfield. 
Sturl)ridg('. 

*  Resigned  May  29. 


626 


House  of  Representatives. 

COUNTY  OF  WORCESTER  — Continued. 


6th, 


fth. 


8th, 


9th, 


10th, 


11th, 


12th, 


i;;th. 


14th, 

15th, 

Kith, 
17th, 


Town  or  Ward. 


Spencer,  . 
Leicester, 

Charltou, 
Dudley,  . 
Southbridge, 

Webster, 
Oxford,    . 
Auburn,  . 

C  Douglas, 
)  Alillbury, 
Q  Sutton,     . 

C  Uxbridge, 
)  Northbridge, 
(^  Upton, 


f  Blackstone, 
J  Meudon,  . 
]  Miliord,  . 
[  Hopedale, 

(  Westborough, 
I  Northborough 
J  Southborough, 

Berlin, 

Shrewsbi;iy, 

Grafton,  . 

f  Boylston, 
Bolton,  . 
West  Boylston 

<j  Clinton,    . 
Harvard, 
Lancaster, 
^Sterling,  . 

Leominster, 
Lunenburg, 


Fitchbui-g,  AVards  1, 

2,  3,  4,  o,  6,  . 


Name  of  Kepresentative. 


Luther  Hill. 


Charles  Haggerty, . 


John  J.  Allen, 


Samuel  X.  Roofers, . 


Davis  P.  Gray,* 


James  Lally,  Jr., 
Thomas  McCooev. 


J.  Henry  Robinson, 
Albert  L.  Fisher,     . 


Frank  E.  Holman,  . 
Harrison  E.  Morton, 


Morrill    A.    Green- 
wood, . 


Spencer. 


Southbridffe. 


Auburn. 


]\lillbury, 


Northbridge. 


Milford. 
Blackstone. 


Southborough. 
Grafton. 


Clinton. 

W.  Boylston. 


■  Leominster. 


John  W.  Kimball,  .  '  Fitchburg. 
Horace  M.  Kendall,  |  Fitchburg. 


Worcester,  Ward  1,       Jos.  P.  Cheney,  Jr., 


Worcester, 


AVoi-cester,  Ward  2,       Alfred  S.  Pinkerton,  :  AYorcester. 


*  Elected  February  27th ;  qualified  March  9,  in  place  of  Rowse  R.  Clakke 

of  Norihbridge,  deceased  February  4. 


House  of  Representatives. 

COUNTY  OF  WORCESTER  — Concluded. 


627 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

18th, 

Worcester,  ^Vard  3, 

Peter  T.  Carroll,      . 

Woi'cester. 

19th, 

Worcester,  ^^'ard  4, 

James  H.  jNIellen,    . 

Worcester. 

20th, 

Worcester,  Ward  5, 

James  ]\I.  Cronin,    . 

Worcester. 

21st, 

Worcester,  Ward  (5, 

John  W.  Plaisted,  . 

Worcester. 

22d, 

Worcester,  Ward  7, 

David  Manning,  Jr., 

Worcester. 

23d, 

Worcester,  Ward  8, 

William  A.  Gile,      . 

Woi'cester. 

COUNTY   OF   HAMPSHIRE. 


I  f  Northampton,  Wds^j 
,       'J       1,2,3,4,5,6,7,     ' 
^^^'  ;  ]  Easthampton, 
1^  Southampton, 

'  Chesterfield, 

Cummington, 

Goshen,    . 
t) ,      .  Huntington, 
"'^''    )  ISliddletield, 

Plainfteld, 

Westhampton, 

Worthington, 

f  Hatfield,  . 
,  1      I  Hadley,    . 
'^''    ^  South lladley, 
Willi  amsburs: 


4th, 


5th, 


^  Amherst, 
)  Belchertown, 
QGranby,   . 

fEnfield,_  . 
Greenwich, 
Pelham,  . 
Prescott,  . 

^  Ware, 


John  B.  Bottum, 
Henrjr  A.  Kimball, . 


Schu3'ler  Clark, 


Wilson  Dewey, 


Payson  W.  Lyman, 


Northamjiton. 
Noi'thamjrton. 


Huntinofton. 


Williamsburg:. 


Belchertown. 


Calvin  Hitchcock,    .      Ware. 


628 


House  of  Representatives, 
county  of  hampden. 


Town  or  Ward. 


1st, 

2d, 

M, 

4th, 
5th, 
6th, 
7th, 
8th, 

9th, 
10th, 


1st, 


Chester,  . 
Bhiiidford, 
i  Tolland,  . 
Granville, 
Southwick, 
Agawam, 

(  Montgomery, 
j  Eussell,   . 
1  Westfield, 
l^West  Springfield, 

^  Holyoke,  Wards  6, 

^  Holyoke,  Wards  1 , 

(      2,  3,  4,  5,       . 

Chicopee, 

5  Springfield,    Wards 

^      1,  4,  8,  . 

Sj^ringfield,  Ward  5, 

3  Springfield,   Ward 

I      2,  3,  6,  7,      . 


(  Longmeadow, 

Hampden, 
<  Wilbraham, 
I  Monson,  . 
OVales,     . 

{Ludlow,  . 
Palmer,  . 
Bi'imfield, 
Holland,  . 


Name  of  Representative. 


Charles  H.  Knox, 


William  Provin, 
Chas.  Fay  Shepard, 


Reuben  Winchester, 


Jeremiah  J.  Keane 


George  W.  Gibson, 

William  F.  Ferry, 
Ethan  C.  Robinson 

A.  Olin  Brooks, 

Charles  A.  Call, 
Charles  H.  Bennett, 


Henry  Clark, 


Chas.  F.  Grosvenor, 


COUNTY   OF   FRANKLIN. 


Chester. 


Westfield. 
Westfield. 


Holyoke. 

Holyoke. 

C'hicopee. 

Springfield. 
Springfield. 

SiDringfield. 

Springfield. 
Springfield. 


Wilbraham. 


Ludlow. 


^Greenfield, 
}  Shelburne, 
(^Beruardston, 


Freeman    C.    Gris- 
wold,    . 


Greenfield. 


House  of  Representatives. 

COUNTY  OF  FRANKLIN  —  Concluded. 


629 


2d, 


4th, 


5tli, 


Town  or  Ward. 


f  Warwick, 
Orange,   . 
New  Salem, 
Erving,    . 
Shutesbmy, 

fNorthfield, 
'  Gill, 

I  Montague, 
1^  Wendell,. 

'  Leverett, . 
Sunderland, 
Whately, 
Deerfield, 
Conway,  . 

f  Ashfield,  . 
Buckland, 
Charlemont, 
Colrain,  . 
\  Hawley,  . 
Heath,  . 
Ley  den,  . 
Rowe, 

^  Monroe,  . 


Name  of  Representative. 


Franklin  L.  Waters 


Joseph  F.  Bartlett, 


Henry  C.  Haskell, 


Albert  H.  Temple, 


Oransre. 


Montague. 


Deerfield. 


Colrain. 


COUNTY   OF  BERKSHIRE. 


1st, 


2d, 


3d, 


''New  Ashford, 
Williamstown 
North  Adams, 
Florida,    . 

^  Clarksburg, 

C  Adams,  . 
•?  Cheshire, 
(^  Savoy, 

'  Hancock, 

Lanesborough, 

Lenox, 
,  Windsor, 
^  Peru, 

Hinsdale, 

Washington, 
^  Richmond, 


George  H.  Kearn, 
Henry  S.  Lyons, 


John  M.  Morin, 


Samuel  M.  Raymond, 


North  Adams. 
North  Adams, 


Adams. 


Hin-sdale, 


630 


House  op  Hepeesej^tatives. 

COUNTY  OF  BP:RKSHIRE  — Concluded. 


4th, 
5th, 

6th, 
7th, 


Town  or  Ward. 


\  Pittsfield, 
(  Dalton,    . 

^  Stock  bridge,    . 
•?  Lee, 
(Beeket,     . 

f  West  Stockbritlge, 

I  Alford,     . 

]  Egremont, 

1^  Great  Bai-rington, 

JNIonterey, 

Otis, 

Sandisfield, 
<{  New   Marlborough 

Sheffield, 

Mt.  Washington, 
^  Tyringham, 


Name  of  Ucpreseiitative. 


Henry  M.  Peirson,  . 
William  II.  Carey, . 


John  Winthrop, 


Robert  H.McDonald, 


Robert  L.  Taft, 


Pittsfield. 
Dalton. 


Stockbridg-e. 


Gt.Barrington. 


New  Marlboro'. 


COUNTY   OF   NORFOLK. 


1st, 

2d, 
3d, 

4th, 
5th, 
6th, 

7th, 

8th, 


Dedham, . 
Norwood, 

Brookline, 

Hyde  Park, 

Milton,     . 
Canton,    . 

Quiney,    . 
Weymouth, 

Bi'aintree, 
Hoi  brook, 

r  Randolph, 
I  Stoughton, 

Sharon,    . 

Waljjole, 

'  Franklin, 
Foxborough, 
Wrentham, 

]  Bellingham, 

I  Medway, 

1^  Norfolk,  . 


Frank  A.  Fales, 

Geo.  N.  Carpenter, . 
Ferdinand  A.Wyman 

Albert  A.  Brackett, 

Josiah  Quiney, 
John  F.  JNIerrill, 
John  A.  Ilolbrook, . 

Willard  F.  Gleason, 


Bernard  Dolan, 
Rufus  A.  Thayer. 


Charles  W.  Seavey, 
Elijah  B.  Stowe, 


Norwood. 

Brookline. 
Hyde  Park. 

INIilton. 

Quiney. 
Quiney. 
Weymouth. 

Ilolbrook. 


Stoughton. 
Randolph. 


Medway. 
Bellinsfham. 


House  of  Representatives. 

COUNTY  OF  NORFOLK  —  Concluded. 


631 


District. 

Town  or  W.ii'd. 

Name  of  Representative.               Residence. 

9th, 

< 

'Needham, 
Dover, 
Medfield, 

Wellesley, 
^Millis,      . 

Albert  E.  JNliller,     . 

Needham. 

COUNTY  OF  PLYMOUTH. 


1st, 

Plymouth, 

Elkanah  Finney, 

Plymouth. 

pLarshfield, 

•] 

2d, 

J  Plympton, 

Kingston, 

^  Duxbury, 

rScituate,  . 

* 

•J 

Franklin  W.  Hatch, 

Marshfield. 

3d, 

South  Scituate 
1  Hanson,  . 

Henry  A.  Turner,    . 

South  Scituate.* 

1^  Pembroke, 

^  Cohasset, 

0 

4th, 

)  Hingham, 
(Hull, 

:} 

John  Q.  A.  Lothrop, 

Cohasset. 

5th, 

^  Rockland, 
I  Hanover, 

:( 

George  H.  Hunt,     . 

Rockland. 

6th, 

^  Whitman, 
I  Abington, 

f  Mattapoisett, 
1  Marion,    . 

A 

Harvey  IL  Pratt,     . 

Abington. 

7th, 

«  Wareham, 

Rochester, 

^  Carver,    . 

^  Middleboroug 

1,             .) 

John  W.  Delano,     . 

Marion. 

8th, 

)  Lakeville, 
(Halifax,  . 

^  Bridge  water, 

] 

•^ 

Sidney  T.  Nelson,  . 

Lakeville. 

9th, 

}  East  Bridgewater,  .  )> 
(West  Bridgewater, . ) 

George  M.  Hooper, 

Bridgewater. 

10th, 

5  Brockton,  Wards  4,  } 
^      5,  6,      .         .         .\ 

Patrick  McCarthy,  . 

Brockton. 

11th, 

^  Brockton,  Wards  2,  ) 

A.  Cranston  Thomp- 

)     3, .         .         .         .(, 

son, 

Brockton. 

12th, 

^  Brockton,  Wards  1,  ) 
\      7,.         .         .         .1 

Charles  C.  Bixby,    . 

Brockton. 

*  Name  changed  to  Norwell,  March  7,  1888. 


632 


House  of  Representatives. 

county  of  bristol. 


1st, 

2d, 
3d, 

4th, 

5th, 
6th, 
7th, 
8th, 
9th, 

10th, 


Town  or  Ward. 


Isame  of  Representative. 


f  Attleborough, .  .  ^ 

j  N.  Attleborough,  .  ! 

I  Norton,    .         .  .  f 

(^  Seekonk,  .  .  j 

^  Mansfield, 
)  Easton,  . 
(^Raynham, 


("Taunton,  Wai'ds  1, 
}      2,  3,  4,  5,  6,  7,  8, 
(^Berkley,  . 

C  Fairhaven, 
<  Aeushnet, 
(^Freetown, 

5  New  Bedford,  W'd; 

^      1,  2,  3,  . 

5  New  Bedford,  AVds 

^      4,  5,  6,  . 

^  Westport, 
>  Dartmouth, 


^  Fall  River,  Wards  1, 
I      2,  3,  4,  6,       . 

5FallRwer,Wards5, 

I      7,8,9,. 

f  Dighton,  . 
J  Somerset, 
I  Swanzey, 
\^  Rehoboth, 


1 


Geoi'ge  R.  Perry, 
Abijah  T.  AVales, 


Wm.  B.  Rogerson, 


Rollin  H.  Babbitt,  . 
Wm.  L.  White,  Jr., 
Frederick  S.  Hall,  . 


Arthur  G.  Rounsevell 


Isaac  B.  Tomjikins, 
Rufus  H.  Willis,      . 

Charles  P.  Rugg,     . 
AYm.  Gordon,  Jr.,    . 

George  W.  Slocum, 

James  Conroy, 
William  A.  Carman, 
Andrew  Quinn, 

Robert  Ilenrj, 
John  C.  Milne, 


Edmund  A.  Davis, 


Norton. 
Attleborouffh- 


IVIansfield. 


Berkley. 
Taunton. 
Taunton. 


Freetown. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Dartmouth. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Somerset. 


1st, 


COUNTY   OF  BARNSTABLE. 


'  Falmouth, 
Bourae,    . 
Sandwich, 
Mashpee, 
Barnstable, 
Yarmouth, 

^  Dennis,    . 


!     Albi'rt  R.  Ehhidge, 
'"    Joshua  Crowell, 


Bourne. 
Dennis. 


House  of  Representatives. 


633 


COUNTY   OF   IJAKNSTARLE  —  ('<)N<  JADED. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

2a, 

3d, 

.  f  Ilarwieli,          .         .") 
,  C'hatham,         .         .  1 
1  Brewster,         .         .  | 
(^Orleans,  .         .         .) 

( Eastham,          .        . ") 
J  Wellfleet,         .        .  ! 
1  Truro,      .         .         J 
{  Provincetown,          .  j 

.Joseph  W.  Rogers, . 
David  Conwell, 

Orleans. 
Provineetown. 

COUNTY   OF   DUKES   COUNTY. 


1st, 


Chilmark, 
Cottage  City, 
Edgartown, 
Gay  Head, 
Gosnold,  . 
/Tisbury,  . 


Edwin  D.Vanderhoop, 


Gay  Head. 


COUNTY  OF  NANTUCKET. 


1st, 


Nantucket, 


Henry  Riddell,        .     Nantucket 


EDWARD   A.  IMcLAUGHLIN, 
DANIEL   W.  WALDRON,     ; 
JOHN  G.  B.  ADAMS,    . 


.      Clerk. 

Chaplain. 

.  Scrgcant-at-Anns. 


634  Judicial  Department. 


JUDICIAL  DEPAETMENT. 


SUPREME  JUDICIAL   COURT. 

CHIEF  JUSTICE. 

MARCUS   MORTOX, of  Andover. 

ASSOCIATE  JUSTICES. 

WALBRIDGE   A.  FIELD, of  Boston. 

CHARLES   DEVEXS, of  Boston. 

WILLIAM  ALLEN, of  Northampton. 

CHARLES   ALLEX, of  Boston. 

OLIVER  WENDELL   HOLMES,  Jk.,  ...  0/  Boston. 

MARCUS   P.   KNOWLTON, of  Springfield. 


SUPERIOR  COURT. 

CHIEF   JUSTICE. 

LINCOLN  F.  BRIGHAM, of  Salem. 

ASSOCIATE   JUSTICES. 

ROBERT  C.  PITMAN, 0/  Neioton. 

P.  EMORY  ALDRICH, of  Worcester. 

HAJIILTON  B    STAPLES, of  Worcester. 

CALEB  BLODGETT, of  Boston. 

ALBERT  MASON, of  Brookline. 

JAMES   M.  BARKER, of  Pittsfield. 

CHARLES   P.  THOMPSON,  .        ...  of  Gloucester. 

JOHN  W.  HAMMOND, of  Cambridge. 

JUSTIN  DEWEY, of  Springfield. 

EDGAR  J.  SHERMAN, of  Lawrence. 

JOHN   LATHROP, of  Boston. 

JAMES   R.  DUNBAR, of  Westfield. 

ROBERT   R.  BISHOP,  .        .        .        .        .        .  of  Newton. 


Judicial  Department. 


635 


JUDGES  OF  PROBATE  AND  INSOLVENCY. 


JOHN   W.  MoKIM,  Boston, 
(GEORGE   F.  CHOATE,  Salem, 
GEORGE   M.   BROOKS,  Concortl,      . 
ADIN  THAYER,  Worcester,      . 
AVILLIAM  G.   BASSETT,  Easthampton,  . 
WILLIAM   S.   SHURTLEFF,  Springfield, 
CHESTER   C.   CONANT,  Greenfield, 
JAMES   T.  ROBINSON,  North  Adams,    . 
GEORGE   WHITE,  Newton,       . 
BENJAMIN  W.  HARRIS,   East  Bridgew: 
WILLIAM  E.   FULLER,  Taunton,     . 
HIRAM  P.   HARRIMAN,  Wellfleet,  . 
JOSEPH   T.   PEASE,  EdgartoAvn,      . 
THADDEUS   C.   DEFRIEZ,  Nantucket,     . 


.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampdex. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

iter,  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


EEGISTERS  OF  PROBATE  AND  INSOLVENCY. 

ELIJAH  GEORGE,  Boston,        ....  Suffolk. 

JEREMIAH  T.   MAHONEY,  Salem,         .        .  Essex. 

JOSEPH   II.   TYLER,  Winchester,     .         .        .  Middlesex. 

FREDERIC  W.   SOUTHWICK,  Worcester,      .  Worcester. 

HUBBARD   M.   ABBOTT,  Northampton,  .        .  Hampshire. 

SAMUEL  B.   SPOONER,  Springfield,        .        .  Hampden. 

FRANCIS   M.   THOMPSON,  Greenfield,  .        .  Franklin. 

EDWARD   T.   SLOCUM,  Pittsfield,    .        .        .  Berkshire. 

JONATHAN  COBB,  Dedham,    ....  Norfolk. 

EDWARD   E.   HO  BART,  Bridge  water,      .        .  Plymouth. 

JOHN  H.   GALLIC  AN,  Taunton,       .        .        .  Bristol. 

FREEJklAN  II.   LOTHROP,  Barnstable,    .         .  Barnstable. 

HEBRON  VINCENT,  Edgartown,     .        .        .  Dukes. 

SAMUEL   SWAIN,  Nantucket,  ....  Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER   STEVENS,   Boston,     .... 
WILLIAM  B.   STEVENS,  Stoneham, 
HENRY  F.   HURLBURT,  Lynn, 
HOSEA  KINGMAN,  Bridgewater,     . 
IIOSEA   M.  KNOWLTON,  New  Bedford, 
FRANCIS   A.   (iASKILL,  Worcester, 
CHARLES   E.   IHBBARD,  Pittsfield, 
DANIEL   W.   BOND,  Northampton,  . 


Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

INllDDLE. 

Western. 
North-Western. 


636 


Judicial  Department. 


SHERIFFS. 

JOHN  B.  O'BRIEN,  Boston, 
HORATIO  G.  HERRICK,  Lawrence, 
HENRY  G.  GUSHING,  Lowell, 
AUGUSTUS  B.  R.  SPRAGUE,  Worcester 
JAIRUS  E.  CLARK,  Easthampton,    . 
SIMON  BROOKS,  Holyoke, 
GEORGE  A.  KIMBALL,  Greenfield, . 
JOHN  CROSBY,  Pittsfield, 
AUGUSTUS  B.  ENDICOTT,  Dedham, 
ALPHEUS  K.  HARMON,  Plymouth, 
ANDREW  R.  WRIGHT,  Taunton,     . 
LUTHER  FISK,  Dennis,     . 
JASON  L.  DEXTER,  Edgartown,      . 
JOSIAH  F.  BARRETT,  Nantucket,   . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF  COURTS. 

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

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

^  >  oLTFFOLK. 

JOHN  P.  MANNING,  Boston,  Criminal  Term,  .  S 

DEAN  PEABODY,  Lymi, Essex. 

THEODORE  C.  HURD,  Cambridge,  ....  Middlesex. 

THEODORE  S.  JOHNSON,  Worcester,    .        .        .  Worcester. 

WILLIAIVI  II.  CLAPP,  Northampton,         .        .        .  Hampshire. 

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

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

HENRY  W.  TAFT,  Pittsfield, Berkshire. 

ERASTUS  WORTHINGTON,  DetUiam,     .        .        .  Norfolk. 

WILLIAM  II.  AVHITMAN,  Plymouth,       .        .        .  Plymouth. 

SIMEON  BORDEN,  Fall  River,  ....  Bristol. 

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

SAMUEL  KENISTON,  Edgartown,    ....  Dukes. 

LAURISTON  BUNKER,  Nantucket,  ....  Nantucket. 


Judicial  Department. 


637 


MEMBERS  OF  THE  FIFTIETH  CONGRESS. 


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


Senators. 


IIENKY  L.  DAWES, 
GEORGE  F.  HOAR, 


of  Pittsfield. 
of  Worcester. 


Representatives. 

District  I.  — ROBERT  T.  DAVIS,      . 
IT.  —  JOHN  D.  LONG,    . 
HI.  — LEOPOLD  MORSE, 
IV.  — PATRICK  A.  COLLINS, 
v.  — EDWARD  D.  HAYDEN, 
VI.  — HENRY  CABOT  LODGE, 
VIL  — WILLIAM  COGSWELL, 
VIIL  — CHARLES  H.  ALLEN, 
IX.— EDWARD  BURNETT,  . 
X.  — JOHN  E.  RUSSELL,     . 
XL  — WILLIAM  WHITING,  . 
XII.  — FRANCIS  W.  ROCKWELL 


of  Fall  River, 
of  Hinyhcmi. 
of  Boston., 
of  Boston, 
of  Wobiirn. 
of  Nahant. 
of  Salem, 
of  Loioell. 
oj  Southboro7if//i. 
of  Leicester, 
of  Holyoke. 
of  Pittsfield. 


Commonto^altlj  of  glassacljusctts. 


Secretaky's  Department,  Boston,  July  10, 1888. 

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

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

HENRY  B.   PEIRCE, 

Secretary  of  the  Commonwealth. 


APPENDIX. 


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


A    TABLE 


WHAT  GENERAL  STATUTES  OF  THE  COMMONWEALTH  AND 
WHAT  CHAPTERS  OF  THE  PUBLIC  STATUTES  HAVE 
BEEN  AFFECTED   BY   SUBSEQUENT   LEGISLATION. 


PUBLIC   STATUTES. 


CHAPTER  1. 


OF    THE    JURISDICTION    OF    THE    COMMONWEALTH    AND    PLACES 
CEDED   TO   THE   UNITED   STATES. 

Sect.  1.  Provision  is  made  for  defining  tlie  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  cc.  113,  154.  And  between 
Massachusetts  and  New  Hampshire.     Res.  1885,  c.  73  ;  1886,  c.  58. 

Sect.  4.  The  United  States  are  given  concurrent  jurisdiction  with  the 
Commonwealth  over  lands  of  the  United  States  Fish  and  Fisheries  Com- 
mission.    St.  1882,  c.  131 

CHAPTER  la. 
OF  THE   GREAT   SEAL. 

The  form  of  the  Great  Seal  is  established.     St.  1885,  c.  288. 

CHAPTER  2. 
OF  THE  GENERAL  COURT. 

Sects.  5-14.  The  law  as  to  the  notice  to  be  given  of  petitions  to  the 
legislature  is  revised  and  amended.     St.  1885,  c.  24. 

Sect.  15.  The  pay  of  members  of  the  legislature  is  increased  from  $500 
to  $650.     St.  1884,  c.  319  :  and  to  $750.     St.  1886,  c.  352. 

Sect.  17.  The  compensation  of  the  doorkeepers  of  the  senate  and 
house  of  representatives  is  fixed  at  $1,400;  that  of  the  messengers  at 
$750  ;  and  that  of  the  assistant  doorkeepers  and  postmaster  at  $850.  St. 
1887,  c.  116. 


642  Public  Statutes. 

Skct.  18.  The  compensation  of  the  pages  of  the  senate  and  house  of 
representatives  is  fixed  at  three-fifths  of  that  of  the  messengers.  St.  1887, 
e.  116. 

Sllct-s.  21,  22.  The  clerks  of  the  senate  and  of  the  house  may  employ 
additional  clerical  assistance.     St.  1888,  c.  1. 

Skct.  21.  The  salaries  of  the  clerks  of  the  senate  and  of  the  house  of 
representatives  are  increased  from  $2,500  to  83,000.     St.  1884,  c.  329. 

Skct.  '12.  The  salaries  of  the  assistant  clerks  of  the  senate  and  of  the 
house  of  representatives  are  increased  from  8^00  to  §1,500.  Sts.  1882, 
c.  257,  §  1  ;  1884,  c.  334. 

Skcts.  24,  35.  The  sections  relating  to  the  annual  election  sermon  are 
repealed.     St.  1884,  c.  60. 

Skct.  27.  The  limit  of  the  number  of  doorkeepers,  assistant  door- 
keepers, messengers  and  pages  is  increased  from  twenty-five  to  thirty-two. 
St.  1882,  c.  257,  §  4. 

Skct.  34.  No  session  of  the  legislature  is  to  be  held  and  public  offices 
are  to  be  closed  on  Monday  when  Christmas  falls  on  the  Suuday  preceding. 
St.  1882,  c.  49. 

CHAPTER  3. 
OF   THE   STATUTES. 

Skct.  1.  When  an  act  is  required  to  be  accepted  by  a  municipal  or 
other  corporation,  a  return  of  its  action  must  be  made  by  it  to  the  secretary 
of  tlie  Commonwealth.     St.  1883,  c  100. 

Skct.  3.  "  Mayor  and  aldermen  "  shall  be  construed  to  mean  "  board  of 
aldermen,"  unless  it  is  otherwise  provided,  and  except  in  case  of  appoint- 
ments.    St.  1882,  c.  164. 

"  Net  indebtedness"  of  towns,  cities  and  districts  in  the  laws  regulating 
tlie  investments  of  banks,  etc.,  shall  be  computed  omitting  water  debts  and 
deducting  sinking  funds.     St.  1883,  c.  127. 

A  daily  or  weekly  periodical  devoted  exclusively  to  legal  news  shall  be 
deemed  lo  be  a  newspaper  for  the  insertion  of  legal  notices.  St.  1885, 
c.  235. 

CHAPTER  4. 

OF  THE  rKl>TlXG  AKD  DISTRIBUTION  OF  THE  LAWS  AND  PUBLIC 

DOCUMENTS. 

Tables  of  changes  in  the  Public  Statutes  by  subsequent  legislation,  and 
indexes;,  are  to  be  prepared  and  published  with  such  editions  of  the  laws 
as  tlie  governor  directs.     St.  1882,  c.  238. 

The  i»reparation  and  publication  of  supplements  to  the  Public  Statutes 
and  thi'ir  distribution,  is  provided  for.     St.  1888,  c.  383. 

Skct.  1 .  Six  thousand  copies  of  the  blue  book  are  to  be  printed,  instead 
of  four  thousand  five  hundred,  and  the  members  of  the  general  court  and 
clerks  of  the  two  branches  are  to  receive  ten  copies  instead  of  eight  copies 
each.     Sts.  1884,  c.  166,  §  1  ;   1885,  c.  369,  §  2. 

Sects- .  5  et  seq.  Provision  is  made  for  reports  of  capital  trials,  St.  1886, 
c.  214. 


Table  of  Changes.  6i3 

Sect.  7.  "  Of  labor"  is  added  after  "  bureau  of  statistics."  St.  1882, 
c.  6,  §  1. 

The  number  of  copies  of  reports  to  be  printed  is  changed  and  in  some 
cases  the  distribution  to  be  made  of  them.     Sts.  1884,  c.  166  ;  1885,  c.  369. 

Twenty-five  hundred  copies  of  the  report  of  the  connnissioners  of  savings 
banks  are  to  be  printed  instead  of  fifteen  hundred.     St.  1888,  c.  191. 

Three  thousand  copies  of  the  gas  commissioners'  report,  instead  of  fifteen 
hundred,  are  to  be  printed.     St.  1888,  c.  122. 

Fifteen  hundred  copies  of  the  annual  report  of  the  trustees  of  the  Mas- 
sachusetts School  for  the  Feeble-Minded  are  to  be  printed  instead  of  one 
thousand.     St.  1888,  c.  186. 

Fifteen  thousand  copies  of  the  report  of  the  secretarj'  of  the  state  board 
of  agriculture  are  to  be  printed  instead  of  eight  thousand,  and  twenty-five 
thousand  copies  of  the  report  of  the  board  of  control  of  the  agricultural 
experiment  station  instead  of  eigiit  thousand.  Of  the  latter,  fifteen  thou- 
sand shall  be  bound  up  with  the  reports  of  the  board  of  agriculture,  and 
eight  thousand  shall  be  for  the  use  of  the  board  of  control.  St.  1888, 
c.  256. 

One  thousand  copies  of  the  report  of  the  controller  of  accounts  are  to  be 
printed.     St.  1888,  c.  275,  §  2. 

Four  hundred  copies  of  the  report  of  the  general  superintendent  of  pris- 
ons are  to  be  printed.     St.  1888,  c.  403,  §  9. 

Sect.  9.  Provision  is  made  for  the  annual  publication  of  election  cases. 
Res.  1886,  c.  36. 

Sect.  10.  The  assistant  clerks  are  given  the  same  documents  which  the 
clerks  now  receive.     St.  1882,  c.  158. 

By  Res.  1887,  c.  16,  a  contract  for  the  state  printing  for  five  years  is  to 
be  made  in  the  mode  there  pro^ided. 

Sects.  9,  10.  The  number  of  legislative  manuals  to  be  printed  is  in- 
creased and  one  copy  is  to  be  given  to  each  town  and  city  clerk.  St.  1883, 
c.  oo. 

The  number  of  copies  of  the  manual  for  the  general  court  is  increased 
and  their  distribution  provided  for.     St.  1888,  c.  85. 

Sect.  12.  One  copy  of  the  Index-Digest  of  the  Massachusetts  repoils 
is  to  be  furnished  to  each  city  and  town.     St.  1887,  c.  118. 

CHAPTER  5. 

OF    THE    STATE    HOUSE,    THE     SERGEAXT-AT-ARMS,    AXD     STATE 

LIBKAKY. 

The  Commonwealth  Building  is  put  in  charge  of  the  same  oflaeers  and 
committee  as  the  State  House,  and  the  janitor  and  fii'eman  at  Perabertoa 
Square  are  transferred  to  it.     St.  1«84,  c.  14. 

The  commissioners  on  the  State  House  no  longer  have  in  charge  the  con- 
tingent expenses  of  the  council  and  the  offices  in  the  State  House.  St. 
18«7,  c.  128. 

Sects.  4,  6,  9,  10.     The  duties  of  the  sergeant-at-arms  are  defined  and 
the  salaries  and  designations  of  certain  of  his  appointees  are  established 
St.  1887,  c.  128. 


6i4  Public  Statutes. 

Sect.  10.  The  salary  of  the  sergeant-at-arms  is  raised  from  $2,500  to 
$3,000.     St.  1884,  c.  333. 

Sect.  17.  The  salary  of  the  assistant  librarian  and  clerk  of  the  board 
of  education  is  raised  from  $2,000  to  $2,500.     St.  1887,  c.  209. 

Sect.  18.  The  allowance  for  assistance  in  the  State  library  is  increased 
from  $1,800  to  $2,500.     Sts.  1882,  c.  29  ;  1886,  c.  66. 

Sect.  20.  The  amount  annually  appropriated  for  books,  furniture,  etc, 
is  increased  from  $2,300  to  $5,000.     Sts.  1882,  c.  196  :   1888,  c.  24. 

CHAPTER  6. 
OF   THE   QUALIFICATION  AND  REGISTRATION  OF   VOTERS. 

This  chapter  is  repealed  and  a  new  chapter  is  substituted.  St.  1884,  c. 
298. 

The  section  providing  that  persons  naturalized  shall  not  register  for  thirty 
days  is  repealed.     St.  1887,  c.  329. 

Temporary  registrars  of  voters  may  be  appointed  when  a  member  of  the 
board  is  absent  or  unable  to  act.     St.  1885,  c.  246. 

Provision  is  made  for  the  removal  of  registrars  of  voters.  St.  1887,  c. 
432. 

Further  provision  is  made  for  the  assessment  and  registration  of  voters 
and  for  hearings  on  the  question  of  residence.  At  such  hearings  false 
swearing  is  perjury.     St.  1885,  c.  271. 

Further  provision  is  made  for  the  assessment  and  registration  of  women 
as  voters.     St.  1886,  c.  68. 

CHAPTER  7. 

OF  THE  MANNER   OF   CONDUCTING  ELECTIONS   ANT)   RETURNING 

VOTES. 

This  chapter,  with  the  acts  amending  it,  is  revised.     St.  1884,  c.  299.     • 

The  provisions  of  St.  1884,  c.  299,  shall  not  apply  to  town  meetings 
held  for  the  election  of  town  officers,  and  all  acts  on  that  point  repealed 
are  revived.     St.  1885,  cc.  5,  351. 

Precinct  voting  in  towns  is  provided  for  and  regulated.     St.  1886,  c.  264. 

Towns  may  discontinue  voting  precincts.     St.  1888,  c.  146. 

The  defacing  or  injury  of  voting  lists  is  punished.     St.  1887,  c.  147. 

Persons  employed  in  certain  manufacturing,  mechanical  or  mercantile 
establishments  must  be  allowed  time  to  vote.     St.  1887,  c.  272. 

The  Australian  system,  so-called,  of  printing  and  distributing  ballots  and 
voting  is  adopted,  to  take  effect  November  1 ,  1889.     St.  1888,  c.  436. 

The  holding  of  caucuses  or  public  meetings  of  the  qualified  voters  of 
cities  and  towns  for  political  purposes  is  regulated.  Fraud  at  such  meet- 
ings is  made  criminal.     St.  1888,  c.  441. 

Sect.  5.  The  time  for  designating  the  polling  places  in  cases  of  special 
elections  is  reduced  from  thirty  to  ten  days.  If  no  convenient  place  can 
be  had  within  the  precinct  a  place  in  an  adjoining  precinct  may  be  desig- 
nated.    St.  1885,  c.  142. 


Table  of  Changes.  645 

The  supervisors  may  be  sworn  before  the  town  clerk  or  any  officer 
qualified  to  administer  oaths.     St.  1885,  c.  268. 

Sect.  8.  Selectmen  presiding  at  town  meetings  may  appoint  tellers  to 
aid  them  in  checking  names  of  voters  or  in  assorting  and  counting  votes. 
They  shall  be  chosen  equally  from  the  two  chief  political  parties.  Such 
teller  is  subject  to  the  same  penalties  as  the  officer  who  appoints  him.  Sts. 
1883,  c.  229;  1885,  c.  261. 

Skct.  14.  Ballots  with  a  certificate  of  their  genuineness  may  be  filed 
with  the  city  clerk  seven  days  before  election,  and  any  attempt  to  counter- 
feit or  imitate  such  certificate  is  punished.     St.  1885,  c.  248. 

The  material,  style,  size  and  form  of  ballots  on  the  question  of  license  is 
regulated.     St.  1886,  c.  49. 

Ballots  cast  by  women  for  members  of  school  committees  must  have 
the  words  "for  school  committee  only"  on  the  back.  St.  1884,  c.  299, 
§  27,  shall  not  apply.     St.  1888,  c.  j^53. 

Sect.  26.  Statements  relative  to" the  voting  at  elections  in  towns  prior 
to  the  public  declaration  thereof  are  prohibited.     St.  1888,  c.  203. 

Sects.  26,  27.  Detached  stickers  or  separate  pieces  of  paper  of  a  sur- 
face of  less  than  six  square  inches  are  not  to  be  counted,  but  are  to  be 
preserved.     St.  1882,  c.  260. 

Sects.  36,  52.  Where  the  ballots  are  recounted,  the  candidates  must  be 
notified  and  may  be  present  personally  or  by  an  agent  appointed  in  writing. 
St.  1883,  c.  42. 

Provision  is  made  for  the  recount  of  ballots  in  towns.     St.  1886,  c  262. 

Sect.  38.  The  time  for  declaring  the  result  of  the  election  and  issuing 
the  certificates  of  election  is  determined.     St.  1888,  c.  164. 

Sect.  45.  If  the  copies  of  the  records  of  votes  are  incomplete  or 
erroneous,  new  copies  may  be  required.  Wilful  neglect  to  furnish  them  is 
punished.     St.  1882,  c.  28,  §§1,2. 

An  abstract  of  the  returns,  and  a  statement  of  all  cases  where  corrected 
returns  have  been  received,  shall  be  furnished  to  newspapers  applying,  and 
the  copies  shall  be  open  to  inspection  by  persons  interested.  St.  1882,  c. 
28,  §  3. 

St.  1882,  c.  28,  which  provides  for  the  correction  of  errors  in  the  returns 
of  votes  under  this  section  is  extended  to  all  returns  of  votes  required  by 
law.     St.  1885,  c.  108. 

Sects.  48-50.  If  the  copies  of  the  record  of  votes  for  county  commis- 
sioners, county  treasurer  or  register  of  deeds  appear  to  be  incomjilete  or 
erroneous,  new  copies  may  be  required.  A  penalty  is  imposed  for  any 
delay  in  forwarding  or  filing  the  new  copies.     St.  1885,  c.  229. 

Sect.  55.  Whoever,  knowing  that  he  is  not  a  qualified  voter,  votes  for 
any  town  officer,  is  punished.     St.  1885,  c.  351. 

Sects.  1,  2,  16,  17,  18,  19,  20,  21,  26,  27,  28,  29,  34,  36,  38,  39,  51,  52, 
55,  62,  are  repealed.     St.  1884,  c.  299,  §  44. . 

CHAPTER  8. 

OF  THE  ELECTION  OF  GOVERNOR  AND   OTHER   STATE  OFFICERS. 

Sects.  2,  3.     New  councillor  districts  are  established.     St.  1886,  c.  348. 
Sects.  4,  5.     New  senatorial  districts  are  established.     St.  1886,  c.  338. 


Gi6  Public  Statutes. 

Sect.  6.     New  representative  districts  are  established.     St.  1886,  c  256. 

Sect.  10.  The  meeting  of  tlie  clerks  to  examine  the  returns  shall  be  on 
the  tenth  day  after  the  election,  instead  of  on  the  next  day.  St.  1886, 
c.  262,  §  5. 

Sect.  11  is  repealed.     St.  1886,  c.  262,  §  6. 

Sect.  13.  Both  certificates  of  election  are  to  be  transmitted  within  fifteen 
days,  instead  of  one  in  ten  days  and  the  other  before  the  first  Wednesday 
of  January.     St.  1885,  c.  107,  §  1. 

Sect.  14.  The  certificates  are  to  be  transmitted  within  fifteen  days, 
instead  of  one  within  ten  days  and  the  other  before  the  first  day  of  Janu- 
ary.    St.  1885,  c.  107,  §  2. 

CHAPTER  9. 

OF    THE    ELECTION    OF     REPRESENTATIVES     IN    CONGRESS    AND 
ELECTORS   OF  PRESIDENT , AND  VICE-PRESIDENT. 

Sects.  1,2.  A  new  division  of  the  state  into  congressional  districts  is 
made.  The  provision  requiring  residence  in  the  district  is  omitted.  St. 
1882,  c.  253. 

Sect.  13.  The  returns  are  to  be  examined  within  ten  daj's.  The  result 
is  to  be  announced  by  proclamation  published  in  at  least  one  newspaper  in 
each  county.  Notice  of  any  contest  must  be  given  within  fourteen  days 
after  the  date  of  such  proclamation.  A  certificate  of  his  election  shall  be 
transmitted  to  each  person  whose  election  is  not  contested.  St.  1888,  c. 
382,  §  1. 

Sect.  15.  The  time  of  the  meeting  of  the  electors  is  changed  to  the 
Saturday  preceding  the  second  Monday  in  January.     St.  1888,  c.  382,  §  2. 

Any  person  claiming  to  be  elected  an  elector  maj^  contest  the  matter 
before  the  supreme  court.  The  mode  of  proceeding,  the  evidence  and  the 
costs  are  provided  for.  The  final  hearing  and  determination  shall  be  by  a 
majority  of  the  justices  of  the  court,  but  a  single  justice  may  exercise  the 
other  powers  given  b}'  this  act.     St.  1888,  c.  382. 

CHAPTER   11. 

OF   THE   ASSESSMENT   OF  TAXES. 

Sect.  4,  which  defines  taxable  personal  estate,  is  amended  in  the  line 
reading  "  but  not  including  in  such  debts  due  an}'  loan  on  mortgage  of  real 
estate,"  by  striking  out  "  due  "  and  inserting  in  its  place  "  or  indebted- 
ness."    St.  1882,  c.  76. 

Corporations  formed  to  construct  railroads  and  telegraphs  in  foreign 
countries  shall  be  within  the  proviso  of  this  section.     St.  1887,  c.  228. 

Bonds  of  all  railroads  including  street  railway's  are  added  to  the  list  of 
kinds  of  personal  property  taxable.     St.  1888,  c.  363. 

Sect.  5,  CI.  3.  The  exemption  given  to  literai-y,  scientific  and  charitable 
institutions  is  lost  by  a  wUful  omission  to  bring  in  the  list  required,  but 
this  act  does  not  apply  to  corporations  making  returns  to  the  insurance 
commissioner.     St.  1882,  c.  217,  §§  2,  4. 

Temperance  societies  are  also  exempt.     St.  1886,  c  231. 

There  is  no  exemption  if  any  part  of  the  income  or  profits  is  divided  or 


Table  of  Changes.  647 

is  used  for  other  than  literary,  educational,  benevolent,  charitable,  scien- 
tific or  religious  purposes.     St.  1888,  c.  158. 

Sect.  5,  CI.  9.  The  real  estate  and  buildings  of  unincorporated  horti- 
cultural societies,  so  far  as  used  for  offices,  libraries  and  exhibitions,  is 
exempt.     St.  1884,  c.  176. 

Sect.  5,  CI.  10.  That  the  property  is  owned  in  common  with  others 
does  not  affect  the  exemption.     St.  1885,  c.  169. 

The  property  of  the  Lynn  Workingmen's  Aid  Association  is  exempt. 
St.  1884,  c.  184. 

Sect.  10.  The  provisions  of  this  section  as  to  the  taxable  valuation  of 
vessels  engaged  in  the  foreign  carrying  trade  are  extended  for  two  years. 
St.  1887,  c.  373. 

Sect.  14,  which  provides  for  the  taxation  of  mortgaged  real  estate,  and 
prevents  doable  taxation,  is  amended  by  changing  "taxable  real  estate," 
in  the  first  line,  to  "  real  estate  not  exempt  from  taxation  under  section  five 
of  this  chapter."     St.  1882,  c.  175. 

Sect.  20.  Two  classes  are  added :  8th,  personal  property  held  by  an 
assignee  in  insolvency,  or  by  an  assignee  for  creditors,  is  assessed  to  him 
at  the  insolvent's  place  of  business,  or  if  he  had  none,  at  his  residence  ; 
9th,  personal  property  held  by  joint  owners  or  tenants  in  common,  not 
partners,  to  them  according  to  their  respective  interests,  at  the  place  where 
they  respectively  reside.     St.  1882,  c.  165. 

Provision  is  made  for  the  assessment  of  taxes  on  royalty-paying  machines. 
St.  1887,  c.  125. 

Sects.  31,  35.  The  taxes  assessed,  exclusive  of  state  tax,  county  tax 
and  sums  required  to  be  raised  for  the  city  debt,  shall  not  exceed  twelve 
dollars  on  every  thousand  of  the  average  valuation  of  the  preceding  three 
years,  and  any  order  or  appropriation  requiring  a  larger  assessment  is  void. 
St.  1885,  c.  312,  §  1. 

Sect.  38.  A  sworn  statement  of  mortgaged  real  estate,  giving  the 
amount  of  the  mortgage,  must  be  filed  or  the  interest  of  the  mortgagee 
need  not  be  assessed  to  him.     St.  1882,  c.  175,  §  1. 

A  list  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes,  and  of  all  receipts  and  expenditures  for  said  purposes,  is  required 
of  persons  and  corporations  except  such  as  make  returns  to  the  insurance 
commissioner  under  Pub.  St.,  c.  11,  §  115.     St.  1882,  c.  217,  §  1. 

The  list  and  statement  may  be  as  of  the  last  day  of  its  financial  year 
next  preceding  the  first  day  of  May.     St.  1888,  c.  323. 

Sects.  38  et  seq.  Assessors  in  towns  must  post  lists  of  persons  assessed 
for  poll  taxes.     St.  1888,  c.  206. 

Sect.  48.  The  time  within  which  persons  may  apply  to  be  assessed  is 
extended  from  the  fifteenth  day  of  September  to  the  first  day  of  October. 
St.  1888,  c.  200,  §  1.  Evening  sessions  of  the  assessors  are  required. 
These  sections  apply  to  Boston.     St.  1888,  c.  200. 

-    Sect.  49.     The  overlay  is  valid,  although  it  may  cause  the   tax   to  ex- 
ceed the  legal  limit.     St.  1887,  c.  226. 

Sect.  50.  It  is  expressly  provided  that  the  residents  and  non-resident 
property  holders  shall  at  all  reasonable  times  have  free  access  to  tlie  list  of 
valuation  and  assessment,  and  assessors  are  punished  for  refusal  oi"  neglect 
to  submit  the  list  to  their  inspection  upon  request.     St.  1888,  c.  307. 


6J:8  Public  Statutes. 

Sect.  52.  The  title  of  the  first  column  of  the  valuation  book  is  changed 
from  "■  Names  of  Persons  Assessed  "  to  "  Names  and  Residences  of  Per- 
sons Assessed."     St.  1883,  c.  41,  §  1. 

Sects.  ^>2,  54.  The  table  of  aggregates  is  to  be  deposited  every  year, 
and  new  items  are  included.     St.  1887,  c.  86. 

Sect.  53.  In  the  first  column,  the  street  and  number  of  the  person's 
residence  are  to  be  added  to  the  name.     St.  1883,  c.  41,  §  2. 

Sect.  54.  The  assessors  are  required  to  enumerate  and  return  the 
number  of  neat  cattle  other  than  cows  assessed,  and  the  number  of  swine 
assessed.     St.  1885,  c.  106. 

The  value  of  the  buildings,  the  total  number  of  tax  payers,  the  number 
who  pay  a  tax  on  property  and  the  number  who  pay  a  poll  tax  only  are  to 
be  stated.     St.  1886,  c.  56. 

Sects.  54,  55.  Copies  of  the  assessors'  books,  instead  of  being  deposited 
with  the  secretary  of  the  Commonwealth  on  the  fifth  and  tenth  years,  are  to 
be  deposited  every  third  year,  beginning  with  1883.  The  copy  of  the  table 
of  aggregates  is  to  be  deposited  each  year,  instead  of  eight  3'ears  in  ten. 
St.  1883,  c.  91. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  assessed  on  real 
estate  are  enabled  to  apply  for  an  abatement.     St.  1888,  c.  315. 

Sect.  71.  On  petitions  for  the  abatement  of  taxes,  the  county  commis- 
sioners on  appeal  may  make  such  order  as  to  costs  as  justice  requires,  but 
taxable  costs  shall  not  be  given  to  a  paiiy  who  has  failed  to  file  a  list  of 
his  property.     St.  1882,  c.  218. 

Sect.  77.  Dues  or  taxes  for  school  books  may  be  abated  under  this 
section.     St.  1885,  c.  67. 

Sect.  78.  The  time  for  assessing  omitted  taxes  is  extended  so  that  any 
estate  discovered  after  the  rate  of  taxation  has  been  declared,  instead  of 
after  the  warrant  has  been  committed  to  the  collector,  may  be  assessed. 
Such  assessment  may  be  made  before  December  15  instead  of  before  Sep- 
tember 15.     St.  1886,  c.  85. 

Where  the  property  taxable  is  omitted  and  the  error  is  discovered  after 
the  rate  of  taxation  has  been  declared,  it  shall  be  assessed  between  the 
fifteenth  and  twentieth  days  of  December.     St.  1888,  c.  362. 

Sect.  90.  The  assessors,  with  the  statement  of  exempt  property,  must 
send  to  the  tax  commissioner  all  lists  and  statements  filed  by  persons  or 
corporations  holding  property  for  literary,  benevolent,  charitable  or  scien- 
tific purposes.     St.  1882,  c.  217,  §  3. 

:  Sect.  91.  In  addition  to  the  debts  and  assets,  the  amount  of  the  sink- 
ing funds  or  annual  proportionate  payments  of  debts  must  be  given. 
St.  1882,  c.  133,  §  2. 

Sect.  92.  The  return  as  to  steam  boilers  in  Boston  shall  be  made  by 
the  inspector  of  buildings.     St.  1882,  c.  252,  §  5. 

CHAPTER   12. 
OF  THE   COLLECTION  OF  TAXES. 

This  chapter  is  repealed  and  the  laws  as  to  the  collection  of  taxes  are 
revised  and  codified.     Forms  are  established.     St.  1888,  c.  390. 


Table  of  Changes.  619 

CHAPTER   13. 
OF  THE  TAXATION  OF  CORPORATIONS. 

Skct.  1.  The  salary  of  the  deputy  tax  commissioner  is  raised  from 
$2,750  to  $3,000.     St.  1887,  c.  342,  §  1. 

Sect.  2.  The  salary  of  the  fii'st  clerk  in  the  office  of  the  deputy  tax 
commissioner  is  raised  from  $1,800  to  $2,000,  and  that  of  the  second  clerk 
from  $1,300  to  $1,500.  The  amount  allowed  for  other  assistance  is  in- 
creased from  $12,000  to  $14,000.     St.  1887,  c.  342,  §  2. 

Sect.  6.  The  tax  commissioner  must  furnish  blanks  for  the  returns  of 
property  held  for  library,  benevolent,  charitable  or  scientific  purposes. 
St.   1882,  c.  217,  §  3. 

It  would  appear  that  he  should  send  the  blanks  for  steam  boiler  returns 
in  Boston  to  the  inspector  of  buildings  and  not  to  the  assessors.  St.  1882, 
c.  252,  §  5. 

Sect.  10.  The  tax  on  the  shares  of  stock  in  banks  is  made  a  lien  on  the 
shares.  Provision  is  made  for  the  payment  of  the  tax  under  protest.  The 
governor,  with  the  consent  of  the  council,  may  employ  counsel  to  prosecute 
or  defend  suits  in  the  United  States  courts  brought  with  reference  to  such 
taxation.     St.  1887,  c.  142. 

Sects.  26,  34,  37.  The  statutes  as  to  the  taxation  of  insurance  com- 
panies are  revised.     St.  1887,  c.  283. 

Sects.  17,  40.  Title  insurance  companies  are  taxed  under  these  sec- 
tions.    St.  1884,  c.  180. 

Sect.  20.  The  time  is  extended  during  which  real  estate  held  by  savings 
banks,  by  foreclosure  or  purchase  at  mortgage  sales,  is  exempt.  (See 
c.  116,  §  20,  cl.  8.)     St.  1883,  c.  248. 

Sect.  24.  In  this  section  the  name  "  co-operative  savings  fund  and  loan 
association " is  changed  to  "co-operative  bank."     St.  1885,  c.  121,  §  3. 

Sect.  33.  When  reinsurance  is  effected  otherwise  than  by  their  licensed 
resident  agent  no  deduction  is  to  be  made  for  the  sums  oaid  for  such  rein- 
surance.    St.  1888,  c.  154. 

Sects.  38-42.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  c.  238. 

Telephone  companies  foi'med  under  the  laws  of  this  State  and  doing 
business  wholly  or  partly  within  this  State  are  taxed  under  these  sections  ; 
but  not  on  stock  held  by  them  which  is  also  taxed.     St.  1886,  c.  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  The  taxation  of  safe  deposit,  loan 
and  trust  companies  is  regulated.     St.  1888,  c.  413. 

Sect.  42.  Every  corporation  or  association  for  mining,  quarrying,  or 
getting  earth  oils,  or  holding  lands,  organized  out  of  the  Commonwealth, 
which  opens  an  office  in  the  Commonwealth,  must  pay  a  tax  ;  and  the 
officers  and  agents  here  are  liable  for  it.     Sts.  1882,  c.  106  ;  1883,  c.  74. 

Such  corporations  need  not  make  returns  under  St.  1882,  c.  106,  if  they 
make  them  under  St.  1884,  c.  330.     St.  1886,  c.  230. 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  pro- 
viso of  chapter  11,  §  4,  as  to  local  taxation.     St.  1887,  c.  228. 


650  Public  Statutes. 

CHAPTER   14. 
OF   THE   MILITIA. 

The  amount  now  in  the  treasury  on  account  of  bounties  and  allotments 
to  soldiers  is  transferred  to  the  bounty  loan  sinking  fund.  Claims  against 
it  are  to  be  filed  with  the  auditor  and  allowed  by  him.     St.  1882,  c.  112. 

A  naval  battalion  is  established  to  be  attached  to  the  volunteer  militia. 
St.  1888,  c.  366. 

The  militia  laws  are  revised.     St.  1887,  c.  411. 

Sect.  91.  The  Grand  Army  may  be  allowed  to  use  the  State  camp 
ground.     Res.  1882,  e.  15. 

Sect.  92.  Provision  is  made  for  the  purchase  or  taking  of  land  and  the 
erection  of  armories  in  cities  in  which  two  or  more  companies  of  militia 
are  located.     St.  1888,  c.  384. 

CHAPTER   15. 

OF  THE  EXECUTIVE  DEPARTMENT   AND  THE   SECRETARY  OF  THE 

COMMONWEALTH. 

Sect.  1.  The  salary  of  the  governor  after  1884  is  $5,000  instead  of 
$4,000.     St.  1884,  c.  328. 

Sect.  5.  The  salary  of  the  private  secretary  of  the  governor  is  raised 
from  $1,500  to  $2,000.     St.  1885,  c.  77. 

Sect.  6.  The  salary  of  the  executive  clerk  is  raised  from  $1,200  to 
$1,700.     Sts.  1884,  c.  8  ;   1887,  c.  83. 

The  salary  of  the  executive  messenger  is  raised  from  $800  to  $1,000. 
Sts.  1884,  c";  38;   1887,  c.  221. 

Sect.  9.  The  salary  of  the  secretary  of  the  Commonwealth  is  raised 
from  $2,500  to  $3,500.     St.  1888,  c.  385. 

Sect.  10.  The  salary  of  the  first  clerk  of  the  secretary  is  raised  from 
$1,800  to  $2,000.     St.  1885,  c.  87. 

Of  the  second  clerk  from  $1,500  to  $1,700.     St.  1886,  c  238. 

And  of  the  third  clerk  from  $1,200  to  $1,500.  Sts.  1883,  c.  48  ;  1887, 
c.  26. 

The  allowance  of  the  secretary  of  the  Commonwealth  for  a  messenger 
and  clerk  hire  is  increased  from  $10,000  to  $11,000.     St.  1884,  c.  15. 

Sect.  15.  The  duty  of  furnishing  blank  forms  for  returns  of  criminal 
cases  pending  is  transferred  from  the  secretary  to  the  commissioners  of 
prisons.     St.  1882,  c.  226. 

CHAPTER   16. 
OF  THE    AUDITOR,  TREASURER,  AND    MATTERS   OF   FINANCE. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.,  §  3565,  is  adopted. 
St.  1882,  c.  110. 

The  accounts  of  all  State  institutions,  penal  and  charitable,  and  all  other 
public  institutions  for  the  support  of  which  appropriations  are  made 
annually  by  the  legislature,  are  to  be  kept  under  the  direction  of  the  auditor 
of  the  Commonwealth.     He  shall  prescribe  the  number  and  form  of    all 


Table  of  Changes.  651 

analytical  or  subsidiary  accounts.  The  accounts  must  show  the  expendi- 
tures, the  estimated  cash  value  of  the  products  and  the  value  of  the  labor 
of  the  inmates.     St.  1887,  c.  87. 

A  controller  to  audit  the  accounts  of  county  officers,  officers  of  inferior 
courts  and  trial  justices  is  to  be  appointed.  His  duties  are  defined,  and 
these  officers  are  to  make  their  returns  to  him.  The  times  when  they  shall 
make  returns  and  pay  over  money  in  their  hands  is  fixed.  St.  1887, 
c.  438. 

The  controller  of  accounts  shall  in  his  report  give  such  statements,  facts 
and  explanations  as  will  tend  to  a  simple,  uniform  and  economical  method 
of  accounting  for  public  funds.  His  report  is  made  one  of  tlie  series  of 
public  documents.     St.  1888,  c.  275. 

Skct.  2.  The  salary  of  the  auditor  is  raised  from  $2,500  to  $3,000,  and 
that  of  his  first  clerk  from  $1,800  to  $2,000.     St.  1885,  c.  195. 

The  salary  of  his  second  clerk  is  raised  from  $1,500  to  $1,700.  St.  1887, 
0.  30. 

The  auditor  may  employ  an  extra  clerk  at  a  salary  of  $1,200.  St.  1888, 
c.  432. 

Sect.  7.  The  auditor  is  required  to  submit  an  abstract  of  his  report  by 
January  30,  and  the  full  report  as  soon  as  may  be.     St.  1884,  c.  207. 

Sect.  17.  The  salary  of  the  treasurer  is  raised  from  $4,000  to  $5,000. 
St.  1885,  c.  263. 

He  is  allowed  one  more  clerk.  St.  1882,  c.  111.  He  is  also  allowed  a 
fund  clerk.  St.  1883,  c.  164.  And  he  may  temporarily  employ  additional 
clerical  assistance  at  an  expense  not  exceeding  one  thousand  dollars  in  any 
one  year.     St.  1885,  c.  15. 

The  clerks  are  designated.  St.  1886,  c.  38.  The  salaries  of  his  clerks 
are  raised  as  follows  :  First  clerk  from  $2,300  to  $2,500,  second  clerk  from 
$1,800  to  $2,000,  the  cashier  from  $1,800  to  $2,000,  the  third  clerk  from 
$1,200  to  $1,400,  the  fund  clerk  from  $1,200  to  $1,400.  The  salary  of  the 
receiving  teller  is  fixed  at  $1,400,  and  of  the  paying  teller  at  $1,200.  St. 
1886,  c.  334. 

Sect.  26.  The  annual  financial  estimates  are  hereafter  to  be  made  to  the 
auditor  instead  of  to  the  secretary.     St.  1885,  c.  41. 

Sect.  28.  Money  for  small  expenses  may  be  advanced  to  officers  author- 
ized to  expend  money.     St.  1884,  c  179. 

Sect.  42  is  repealed,  and  the  power  of  committees  to  cause  hearings 
to  be  advertised  is  limited.     St.  1885,  c.  371. 

Sect.  52.  Money  from  sales  of  public  property  must  be  accompanied  by 
a  sworn  itemized  account,  approved  by  the  proper  officers.  St.  1884, 
c.  326. 

Sect.  60.  The  authorized  investments  of  the  state  funds  are  enlarged. 
St.  1882,  c.  130. 

Sect.  72.  The  account  which  certain  officers  must  make  of  fees,  fines 
and  other  moneys  received  by  them  and  the  disposition  made  of  them  must 
be  made  in  detail.     St.  1886,  c.  169. 

Sect.  73  is  repealed.     St.  1887,  c.  438,  §  8. 


652  Public  Statutes. 

CHAPTER   17. 
OF  THE  ATTORJ^EY-GENERAL  AXD  THE  DISTRICT  ATTORNEYS. 

Sect.  2.  He  ma}'  also  appoint  a  law  clerk  as  an  assistant  at  a  salary  of 
$1,000.     St.  188fi,  c.  216. 

The  title  of  the  law  clerk  is  changed  to  that  of  second  assistant  attorney- 
general.     St.  1888,  c.  42.5. 

Sect.  9.  The  attorney-general  may  cause  reports  of  capital  trials  to  be 
published.     St.  1886,  c.  214. 

Sect.  14.  An  assistant  district  attorney  may  be  appointed  for  the 
middle  district  at  a  salary  of  $1,000.     St.  1888,  c  157. 

Sect.  15.  The  salary  of  the  district  attorney  for  the  eastern  district  is 
raised  from  $1,800  to  $2,400,  and  he  is  given  an  assistant  at  $1,000  per 
annum.     St.  1882,  cc.  156,  157. 

The  salary  of  the  assistant  district  attorney  for  the  eastern  district  is 
raised  from  $1 ,000  to  $1,200.     St.  1888,  c.  289. 

The  salary  of  the  district  attorney  for  the  middle  district  is  raised  from 
$1,800  to  $2,100.     St.  1885,  c.  168. 

The  salary  of  the  district  attorney  for  the  western  district  is  raised  from 
$1,800  to  $2,100.     St.   1887,  c.  97. 

The  salary  of  the  district  attorney  for  the  Suffolk  district  is  raised  from 
$4,500  to  $5,000  ;  that  of  his  first  assistant  to  $2,800  ;  his  second  assistant 
to  $2,500,  and  his  clerk  from  $1,000  to  $1,200.  Sts.  1887,  c.  160  ;  1882, 
c.  245,  §  2. 

The  salary  of  the  district  attorney  for  the  southeastern  district  is  raised 
from  $1,800  to  $2,100.     St.  1888,  c  267,  §  1. 

Sect.  16.  In  the  southeastern  district  also  the  clerk  may  be  appointed 
assistant,  his  compensation  being  paid  by  Norfolk  and  Plymouth  equally 
and  not  exceeding  $800.     St.  1888,  c.  267,  §  2. 

CHAPTER    18. 

OF  NOTARIES  PUBLIC  AND  COMMISSIONERS  TO  ADMINISTER  OATHS 
OF  OFFICE  AND   TO   TAKE  ACKNOWLEDGMENTS   OF  DEEDS,  Etc. 

Women  who  are  attorneys  may  be  appointed  special  commissioners  to 
administer  oaths  and  take  acknowledgments  and  depositions.  St.  1883, 
c.  252. 

Sect.  14.  The  commissioner  may  take  his  official  oath  before  a  minister 
or  consul  of  the  United  States.     St.  1885,  c.  31. 

CHAPTER  19. 
OF  THE  BOARD  OF  HARBOR  AND  LAND  COMMISSIONERS. 

The  commissioners  are  given  the  care  and  custody  of  the  Connecticut 
river,  and  are  to  cause  it  to  be  surveyed.     St.  1885,  c.  344. 

All  structures  and  encroachments  in  great  ponds  are  put  under  the  con- 
trol of  the  harbor  and  land  commissioners.  Licenses  beyond  the  line  of 
riparian  ownership  or  affecting  the  level  of  the  water  must  be  approved  by 
the  governor  and  council.     St.  1888,  c.  318. 


Table  of  Changes.  653 

Sect.  3.  They  are  given  the  same  charge  of  all  lands  of  theCommon- 
•wealth  for  which  other  pi'ovision  is  not  made  which  they  now  have  over 
lauds  in  tide  waters.     St.  1886,  c.  144. 

Sect.  7.  Eegulations  are  established  for  Gloucester  harbor.  St.  1885, 
c.  315. 

The  harbor  lines  at  East  Boston  are  established.     St.  1882,  c.  48. 

At  Gloucester.     Sts.   1882,  c.  103  ;  1883,  c.  109. 

At  Haverhill.     St.  1883,  c.  104. 

Sects.  8,  10,  11,  12.  These  sections  shall  apply  to  the  Connecticut 
river.     St.  1885,  c.  344,  §§  2,  3. 

CHAPTER   20. 
OF  THE  STATE  BOARD  OF  AGRICULTURE. 

An  agricultural  experiment  station  at  the  Agricultural  College  in  Amherst 
is  established.     St.  1882,  c.  212. 

The  board  of  control  of  the  station  must  report  annually.  St.  1883,  c. 
105. 

The  members  of  the  board  of  control  are  incorporated.     St.  187,  c.  31. 

The  number  of  the  members  of  the  board  of  control  of  the  agricultural 
experiment  station  is  increased  by  adding  one  member  from  the  Massachu- 
setts state  grange,  one  from  the  horticultural  society,  the  director  of  the 
station  and  the  secretary  of  the  state  board  of  agriculture.  No  person 
elected  by  any  of  the  boards  or  societies  shall  continue  to  be  a  member  after 
he  has  ceased  to  be  a  member  of  the  board  or  society.     St.  1888,  c.  333. 

The  annual  appropriation  of  money  by  the  United  States  for  the  support 
of  agricultural  experiments  is  accepted.     St.  1887,  c.  212. 

An  additional  sum  of  85,000  annually  is  allowed  for  the  maintenance  of 
the  experiment  station.     St.  1885,  c.  327. 

Sect.  4.  The  salary  of  the  secretary  is  raised  from  $2,000  to  $2,500. 
St.  1883,  c.  184. 

The  sum  allowed  to  the  secretary  for  clerical  services,  besides  his  regular 
clerk,  and  for  lectures,  is  increased  from  $400  to  $800.     St.  1884,  c.  66. 

The  salary  of  the  clerk  of  the  secretary  is  raised  from  $1,100  to  $1,200. 
St.  1887,  c.  245. 

CHAPTER   21. 

GENERAL  PROVISIONS  RELATING  TO  STATE  OFFICERS. 

All  official  bonds  which  are  in  the  custody  of  the  treasurer  or  are  by  law 
approved  by  the  governor  and  council  must  be  examined  once  each  year  or 
oftener.     St.  1885,  c.  32. 

Sect.  10.  The  treasurer  may  close  his  office  for  the  receipt  or  payment 
of  money  at  two  o'clock  instead  of  three.     St.  1886,  c.  257. 

CHAPTER  22. 
OF  COUNTIES  AND  COUNTY  COMMISSIONERS, 

Sect.  1.  Muskeget  and  Gravelly  islands  are  annexed  to  Nantucket 
county.  Taxes  therein  are  to  be  assessed  by  and  paid  to  the  town  of 
Edgai-town.     St.  1887,  c  88. 


654  Public  Statutes. 

Sect.  14.  The  sum  allowed  for  the  pay  of  the  county  commissioners  is 
raised  in  f:ssex  from  S3, 200  to  $3,900  ;  in  Middlesex  from  $3,000  to  $4,500  ; 
in  Norfolk  from  $1,900  to  $2,700.  St.  1885,  c.  277.  In  Worcester  from 
$3,400  to  $3,900  ;  in  Bristol  from  $2,000  to  $2,500,  and  in  Plymouth  from 
$1,900  to  $2,300.  St.  1886,  c.  251.  In  Hampshire  from  $1,200  to  $1,600. 
St.  1887,  c.  211.     In  Franklin  from  $1,100  to  $1,600.     St.  1888,  c.  65. 

Sect.  15.  The  sessions  of  the  county  commissioners  iu  Berkshire  are 
changed  from  the  first  Tuesday  of  April,  July  and  September,  and  the  last 
Tuesday  of  December,  to  the  first  Tuesday  of  January,  April,  July  and 
October.     St.  1883,  c.  63. 

Sect.  26.  This  section,  giving  the  right  to  act  on  certain  matters  at 
other  times  than  regular  meetings,  is  limited  to  the  regular  commissioners  ; 
and  is  ixiade  expressly  applicable  to  the  issuing  of  orders  of  notice.  St. 
1885,  c.  91. 

CHAPTER   23. 
OF   COUNTY  TREASURERS   AND   COUNTY  FINANCES. 

Sect.  2.  The  salary  of  the  treasurer  of  Hampden  county  is  raised  from 
$1,200  to  $1,500.  St.  1884,  c.  112.  And  of  Worcester  and  Essex  each 
from  $1,800  to  $2,200.  St.  1886,  cc.  132,  133.  Of  Middlesex  from  $1,800 
to  $2,500.  St.  1887,  c.  57.  Of  Hampshire  from  $600  to  $800.  St.  1887, 
c.  159. 

Sects.  36,  37,  38,  39.  These  sections,  which  require  the  savings  bank 
comiuissioners  to  examine  the  accounts  of  certain  county  officers,  are 
repealed.     St.  1887,  c.  438,  §  8. 

CHAPTER   24. 

OF   REGISTERS   OF  DEEDS. 

Sect.  5.  Worcester  county  is  divided  for  registry  purposes,  and  Fitch- 
burg,  Lunenburg,  Leominster,  Westminster  and  Ashburnham  are  made  the 
northern  district,  and  provision  is  made  for  the  appointment  of  a  register 
and  ttie  transfer  of  papers.     St.  1884,  c.  40. 

Sect.  9.  Women  may  be  appointed  to  the  office  of  assistant  register  of 
deeds.     St.  1885,  c.  7. 

Sect.  22.  After  January  1,  1886,  the  indexes  in  registries  of  deeds, 
except  Suffolk,  shall  have  a  new  column,  in  which  shall  be  entered  the 
towns  in  which  the  lands  lie.     St.  1885,  c.  29. 

CHAPTER   25. 
OF   SHERIFFS. 

Sect.  20.  Writs  or  processes  in  favor  of  as  well  as  against  a  sheriff  are 
to  be  so  served.     St.  1885,  c.  75. 

Sect.  22.  The  sheriff  of  Dukes  county  is  given  the  fees  in  addition  to 
his  salary.  St.  1884,  c.  209.  And  the  sheriff  of  Nantucket.  St.  1886, 
c.  28. 

The  salary  of  the  sheriff  of  Berkshire  county  is  raised  from  $1,000  to 
$1,600.     St.  1887,  c.  58.     Of  Essex  from  $1,800  to  $2,000.     St.  1887, 


Table  of  Chakges.  ij)55 

c.  164.  Of  Middlesex  from  $2,000  to  $2,500.  St.  1888,  c.  95.  Of 
Suffolk  from  $2,500  to  $3,000.  St.  1888,  c.  228.  Of  Worcester  from 
$2,000  to  $2,500.     St.  1888,  c.  244. 

CHAPTER  26. 
OF  MEDICAL   EXAMIN1:RS. 

Sect.  2.  A  new  district  is  made  in  Franklin  county,  for  which  a  new 
examiner  is  to  be  appointed.     St.  1884,  c.  321. 

In  Plymouth  the  number  of  medical  exammers  and  districts  is  increased 
from  four  to  five.     St.  1886,  c.  74. 

Sect.  9.  The  fees  of  medical  examiners  are  raised.  St.  1885,  c.  379. 
§  1. 

Sect.  11.  A  report  of  each  autopsy  is  to  be  filed  with  the  district 
attorney,  with  a  certificate  that  it  was  necessary.  Except  in  Suffolk,  the 
district  attorney  must  certify  that  it  was,  in  his  opinion,  necessary,  before 
the  fee  can  be  paid.     St.  1885,  c.  379,  §  7. 

Sects.  13,  14,  15.  A  verbatim  report  of  the  evidence  shall  be  made  and 
sworn  to  at  the  expense  of  such  road  where  the  accident  occurred  on  a  rail- 
road.    St.  1888,  c.  365. 

Sect.  20.  Provision  is  made  for  the  disposition  of  the  body.  St.  1887, 
c.  310. 

Sect.  24.  Certificates  are  no  longer  to  be  made  to  the  treasurer  of  the 
Commonwealth.     St.  1887,  c.  310. 

Sect.  25.  Special  justices  of  police,  district  or  municipal  courts  who 
receive  compensation  only  under  P.  S.,  c.  154,  §  26,  are  given  the  same 
fees  at  inquests  as  trial  justices.     St.  1885,  c.  40. 

The  same  fees  are  allowed  to  witnesses  and  officers  at  inquests  as  in 
criminal  prosecutions  before  trial  justices.     St.  1883,  c.  61. 

The  fees  of  the  witnesses  are  fixed.     St.  1885,  c.  379,  §  2. 

Sect.  26.  A  yearly  report  to  the  secretary  of  the  Commonwealth  is 
required,  for  which  the  examiner  is  given  a  fee.  The  secretary  reports  the 
tabular  results  of  the  returns  to  the  legislature  with  the  return  of  births, 
deaths  and  marriages.     St.  1885,  c.  379,  §§  3,  4,  5,  6. 

CHAPTER  27. 
OF  TOWNS  AND  TOWN  OFFICERS. 

Towns  and  cities  may  devote  a  part  of  their  territory  to  the  preservation 
and  culture  of  forest  tiees  for  the  wood  and  timber  or  the  preservation  of 
their  water  supply.  They  may  take  or  purchase  land.  The  state  board  of 
agriculture  is  given  charge  of  such  lands.  The  town  or  city  may  erect 
thereon  buildings  for  instruction  or  recreation  and  borrow  money.  St.  1882, 
c.  255. 

Towns  and  cities  may  lay  out  public  parks  and  take  lands  therefor,  assess 
betterments  and  borrow  money.     St.  1882,  c.  154. 

Sects.  2-6.  Provision  is  made  for  the  definition  and  preservation  of 
town  boundary  lines.  Changes  may  be  recommended  by  the  commissioners 
on  the  topographical  survey.     Bounds  may  be  obliterated,  removed  or  cov- 


656  Public  Statutes. 

ered  up  in  the  legitimate  occupation  of  land  with  the  consent  of  the  county 
commissioners.     St.  1888,  c.  336. 

Sect.  9.  Any  town  or  city  may  lease  public  buildings,  except  school- 
houses,  to  the  Grand  Army  for  a  period  not  exceeding  five  years.  St.  1885, 
c.  60. 

Sect.  10.  Towns  may  vote  money  for  erecting  headstones  or  other 
monuments  for  soldiers  or  sailors  in  the  national  wars,  and  keeping  the  same 
in  repair.     St.  1884,  c.  42. 

The  monuments  which  may  be  kept  in  repair  or  decorated  need  no  longer 
be  within  the  limits  of  the  town.     St.  1886,  c.  76. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service  law. 
St.  1887,  c.  345. 

Sect.  12.  A  city  or  town  may  raise  fifty  cents  instead  of  twenty-five 
cents  for  each  poll,  to  be  expended  in  planting  or  the  encouragement  of  the 
planting  of  shade  trees.     St    1885,  c.  123,  §  1. 

Sects.  44,  45,  46,  47,  48,  49,  with  reference  to  telegraph  wires,  shall  also 
apply  to  wires  for  electric  light.     St.  1883,  c.  221. 

Sect.  52.  The  requirement  is  added  that  the  voter  be  registered.  St. 
1887,  c.  249. 

Sect.  59.  If  neither  the  town  clerk  nor  selectmen  are  present,  the  jus- 
tice of  the  peace  calling  the  meeting  shall  preside.     St.  1887,  c.  371. 

Sect.  60.  Moderators  and  town  clerks  may  appoint  tellers  to  assist  in 
counting  votes  or  checking  names.     St.  1883,  c.  229. 

Sect.  65.  A  town  may  elect  three,  five,  seven  or  nine  assessors,  the 
term  of  office  being  three  years,  and  part  going  out  each  year ;  or  four 
assessors,  the  term  being  two  years,  and  half  going  out  each  year.  St. 
1883,  c.  203,  §  1. 

Sect.  69.  It  may  in  the  same  way  choose  three,  five,  seven  or  nine  over- 
seers of  the  poor.     St.  1883,  c.  203,  §  2. 

AVomen  are  eligible  as  overseers  of  the  poor.     St.  1886,  c.  150. 

Sect.  78.  The  appointment  of  auditors  in  towns  is  made  compulsory. 
They  shall  have  access  to  the  books  at  least  once  a  month.    St.  1888,  c.  221. 

Sects.  95  et  seq.  City  and  town  clerks  must  give  bonds  to  account  for 
money  received  for  dog  licenses.     St.  1888,  c.  320. 

Sect.  i02.  The  oath  is  modified  in  form  and  must  be  taken  by  assessors, 
assistant  assessors  and  other  persons  chosen  to  aid  in  assessing.  St.  1885, 
0.  355. 

Sect.  104.  The  penalty  is  extended  to  all  the  persons  required  to  take 
the  oath.     St.  1885,  c.  355,  §  2. 

Every  assessor  who  fraudulently  fixes  the  valuation  at  less  or  more  than 
its  fair  cash  value  is  punished.     St.  1885,  c.  355,  §  3. 


CHAPTER  28. 
OF  CITIES. 

*'  Mayor  and  aldermen"  shall  mean  board  of  aldermen,  unless  other  pro- 
vision is  made,  except  in  case  of  appointments.     St.  1882,  c.  164. 

In  case  of  death,  resignation,  absence  or  inability  of  the  mayor,  the  office 


Table  of  Cha:n^ges.  657 

devolves  on  the  chairman  of  the  board  of  aldermen,  if  any,  then  on  the 
president  of  the  common  council.  Such  officer  is  styled  acting  mayor. 
He  can  make  no  permanent  appointments.     St.  1882,  c.  182. 

Any  person  elected  mayor,  alderman,  common-councilman  or  member  of 
the  school  committee  shall  be  notified  of  his  election  by  the  board  of  alder- 
men within  seven  days  after  the  result  is  declared ;  and  if  elected  at  a 
special  election,  he  shall  not  act  until  such  notice  has  been  issued.  St.  1885, 
c.  159. 

Cities  may  indemnify  a  police  officer  for  damages  sustained  while  acting 
as  a  police  officer,  or  for  expenses  incurred  in  the  defence  or  settlement  of 
any  suit  brought  against  him  for  acts  done  while  so  acting.  St.  1888, 
c.  379. 

Cities  may  by  ordinance  prescribe  that  all  fees,  charges  and  commissions 
of  every  description  allowed  by  law  to  the  city  clerk,  treasurer,  collector 
of  taxes  or  any  other  official  shall  be  paid  into  the  treasury.  St.  1888, 
c.  308. 

Sect.  6.  One  of  several  items  in  an  ordinance  or  vote  involving  the 
appropriation  of  money  or  the  raising  of  a  tax  may  be  separately  vetoed. 
St.  1885,  c.  312,  §  3. 

Sect.  7.  Where  the  mayor  presides  in  the  board  of  aldermen  he  has  no 
vote  there  or  in  joint  convention.     St.  1882,  c.  180. 

Sects.  14,  15,  16.  Provision  is  made  for  a  new  division  of  wards  in 
cities.     St.  1888,  c.  437. 

Sects.   15,  16  are  repealed.     St.  1888,  c.  437,  §  6. 

The  city  clerk  must  make  a  return  to  the  secretary  of  the  Commonwealth 
of  such  new  division,  stating  the  number  of  wards  and  giving  the  designa- 
tion of  each  voting  precinct.     St.  1886,  c.  78. 

All  new  divisions  of  wards  and  precincts  made  under  this  section  since 
May  1,  1885,  are  abolished.     St.  1886,  c.  283. 

Sect.  23.  No  member  of  the  city  council  is  eligible  during  his  term  of 
office  to  any  office  by  appointment  or  election  of  the  city  council  or  either 
branch  thereof,  the  salary  of  which  office  is  paid  from  the  city  treasury. 
St.  1886,  c.  117. 

Sect.  25.  The  selectmen  of  towns  may  make  rules  for  the  regulation  of 
carriages  and  other  vehicles  as  mayors  and  aldermen  of  cities  may  now  do. 
St.  1885,  c.  197. 

CHAPTER  29. 

OF   MUNICIPAL  INDEBTEDNESS. 

Sect.  4.  The  limit  of  city  debts  is  reduced  from  three  per  cent,  to  two 
and  one-half  per  cent.,  but  this  does  not  apply  to  Worcester,  Lynn,  (Glou- 
cester and  Brockton  until  1889.  St.  1885,  c.  312.  And  also  Holyoke. 
St.  1886,  c.  178.  And  Newburyport  in  part.  St.  1886,  c.  254.  And 
Boston  in  part.     St.  1886,  c.  304. 

Sect.  6.  Temporary  loans  can  hereafter  be  made  only  in  anticipation 
of  the  taxes  of  the  current  year.     St.  1885,  c.  312,  §  4. 

Sects.  7,  8.  Towns  and  cities  which  have  incurred  or  shall  incur  a  debt 
may  issue  bonds,  notes  or  scrip  ttierefor,  with  interest  at  a  rate  not  exceed- 
ing six  per  cent,  per  annum,  and  sell  the  same.     St.  1884,  c.  129. 


658  Public  Statutes. 

Sect.  9.  A  fixed  annual  appropriation  may  be  provided  as  a  substitute 
for  a  sinking  fund.     St.  1882,  c.  133. 

CHAPTER  30. 
OF  AID  TO  SOLDIERS  AND   SAILORS  AND  TO  THEIR  FAMILIES. 

Sect.  1.  The  limit  of  salary  of  the  third  commissioner  of  state  aid  is 
raised  from  $1,500  to  $1,800.     St.  1885,  c.  214. 

An  agent  is  to  be  appointed  for  tlie  settlement  of  pension,  bounty  and 
back  pay  claims.  He  is  furnislied  an  office,  clerical  assistance  and  his 
travelling  expenses.     His  duties  are  defined.     St.  1888,  c.  396,  §§1,2,  3. 

Three  thousand  dollars  shall  be  paid  to  the  council  of  administration  of 
the  Grand  Arni}^  of  the  Republic  for  expenses  incurred  by  them  in  securing 
pensions,  bounties  or  back  pay  and  for  temporary  relief  for  soldiers  and 
sailors.     St.  1888,  c.  396,  §  4. 

Provision  is  made  for  the  relief,  in  cases  of  necessity,  of  persons  who 
served  in  the  army  or  navy  of  the  United  States  during  the  rebellion,  and 
their  dependent  families  at  their  own  homes  or  at  some  other  place  than 
an  almshouse.     St.  1888,  c.  438. 

Sects.  2,  9.  State  aid  is  to  be  paid  until  January  1st,  1890.  St.  1884, 
c.  34. 

Sect.  2.  The  provisions  as  to  state  aid  are  extended  to  the  three  months' 
troops  of  1861  and  to  the  one  hundred  daj's'  troops  of  1864.  Sts.  1885, 
c.  173;  1886,  c.  39. 

Sects.  2,  3.  State  aid  may  be  granted  to  widows  of  soldiers,  sailors  or 
marines  who  were  married  before  April  9,  1880.  Sts.  1885,  c.  204;  1887, 
c.  122. 

Aid  for  soldiers  may  be  entrusted  to  Grand  Army  Posts  for  distribution. 
St.  1885,  c.  189. 

Sect.  18.  One  or  more  persons  may  be  appointed  to  investigate  claims 
for  reimbursement  of  state  aid  instead  of  one  person.     St.  1886,  c.  110. 

CHAPTER   31. 

OF  THE  CENSUS,  THE  BUREAU  OF  STATISTICS  OF  LABOR  AND  THE 
BOARD  OF  SUPERVISORS  OF  STATISTICS. 

Useless  records,  schedules  and  papers  accumulating  in  the  bureau  of 
statistics  of  labor  may  be  destroyed.     St.  1887,  c.  43. 

Sects.  1-12.  These  sections  relating  to  the  state  census  are  revised. 
St.  1884,  c.  181. 

Certain  statistics  as  to  manufactures  are  to  be  collected  annuall}'  bj^  the 
bureau  of  statistics  of  labor,  and  abstracts  are  to  be  published  and  dis- 
tributed.    St.  1886,  c.  174. 

Sects.  13,  15.  The  chief  of  the  bureau  of  statistics  of  labor  is  given  a 
second  clerk  at  $1,300  per  year.     St.  1884,  c.  4. 

The  salary  of  the  first  clerk  is  increased  from  $1,500  to  $1,800  and  of 
the  second  clerk  from  $1,300  to  $1,500.     St.  1888,  c.  115. 


Table  of  Changes.  659 


CHAPTER   32. 

OF   THE    REGISTRY    AND    RETURN    OF    BIRTHS,  MARRIAGES    AND 

DEATHS. 

Sect.  1.  In  the  records  of  burials,  if  the  deceased  was  a  married  woman, 
the  name  of  her  husband  is  to  be  entered.     St.  1887,  c.  202,  §  5. 

Sect.  3.  The  words  Avhich  require  the  request  for  a  certificate  of  the 
death  to  be  made  witliin  fifteen  days  are  stricken  out.     St.  1888,  c.  63. 

The  certificate  must  also  state  to  the  best  of  the  physician's  knowledge 
and  belief,  the  name  of  the  deceased  and  his  age.  The  request  for  it  is  no 
longer  Imiited  to  fifteen  days.  The  penalty  for  neglect  to  furnish  it  is 
increased.     St.  1888,  c.  30(1. 

Sect.  4.  The  returns  of  sextons  and  undertakers  shall  be  preserved, 
filed,  arranged  and  indexed  conveniently  for  examination  and  reference. 
St.  1887,  c.  202. 

Sect.  5.  A  certificate  approved  by  the  boai'd  of  health,  where  there  is 
one,  is  required  before  the  removal  of  bodies  as  well  as  before  burial.  St. 
1883,  c.  124,  §  1. 

No  body  of  a  person  dying  from  certain  diseases  can  be  transported 
unless  securely  encased  ;  and  no  permit  to  remove  can  be  given  until  the 
board  of  health  or  selectmen  have  given  a  certificate  stating  the  cause  of 
death  and  that  the  body  has  been  so  encased.  The  certificate  goes  with 
the  body.     St.  1883,  c.  124,  §  2. 

A  fine  is  imposed  for  violations  of  St.  1883,  c.  124,  §  2.     St.  1887,  c.  335. 

Sect.  5.  This  section  which  provides  for  permission  for  the  removal  or 
burial  of  human  bodies  is  revised  and  changed.     St.  1888,  c.  30G,  §  2. 

Sect.  7.  Physicians  and  midwives  are  required  to  report  additional  facts 
and  are  given  a  fee  of  twenty-five  cents.     St.  1883,  c.  158. 

CHAPTER   33. 
OF  WORKHOUSES   AND   ALMSHOUSES. 

No  person  whose  insanity  has  continued  less  than  twelve  months  can  be 
detained  in  an  almshouse  without  remedial  treatment.     St.  1880,  c.  311),  §  3. 

CHAPTER   35. 
OF  FIRES,  FIRE  DEPARTMENTS   AND   FIRE   DISTRICTS. 

Sect.  1.  Forest  fire-wards  are  to  be  appointed.  Their  duties  are  de- 
fined.    St.  1886,  c.  296,  §§  2,  3. 

Sect.   10.     These  returns  shall  include  forest  fires.     St.  1886,  c.  296,  §  4. 

Sects.  10,  11.  These  sections  requiring  returns  of  fires  are  repealed. 
St.  1888,  c.  199,  §  3. 

Sects.  28  et  seq.  Fire  departments  must  be  equipped  with  certain  appar- 
atus for  the  saving  of  lives  at  fires.  The  proper  authorities  of  the  depart- 
ment must  see  that  the  apparatus  is  kept  in  good  condition  and  ready  for 
immediate  use  and  that  firemen  are  trained  in  handling  it.     St.  1888,  c.  310. 

Sect.  29.  The  selectmen  may  remove  engineers  after  notice  and  heariu"-. 
St.  1886,  c.  113. 


660  Public  Statutes. 

Sect.  35.  Violations  of  rules  established  by  boards  of  engineers  are 
punished.     St.  1888,  c.  220. 

CHAPTER   36. 
OF   FENCES  AND  FENCE  VIEWERS,  POUNDS  AND  FIELD   DRIV^ERS. 

Skcts.  1-19.  Certain  fences  and  other  like  structures  maliciously  erected 
are  declared  private  nuisances.     St.  1887,  c.  348. 

CHAPTER—. 
OF  THE   CIVIL   SERVICE. 

The  appointment  of  officers  in  the  government  of  the  Commonwealth  and 
of  the  cities  is  regulated.     St.  1884,  c.  320. 

The  salary  of  the  secretary  of  the  civil  service  commission  is  increased 
from  SI, 200  to  $1,-500.     St.  1888,  c.  41. 

The  copy  of  the  rules  or  changes  need  be  sent  only  to  the  maj^ors  of 
cities  to  which  such  rules  or  changes  therein  relate  and  be  published  in  one 
or  more  newspapers.     St.  1888,  c.  253. 

The  clause  of  St.  1884,  c.  320,  §  4,  which  requires  the  immediate  dis- 
charge of  any  person  convicted  of  the  violation  of  any  law  of  the  state,  is 
repealed.     St.  1888,  c.  334. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service 
law.     St.  1887,  c.  345. 

Honorably  discharged  soldiers  and  sailors  may  be  preferred  for  appoint- 
ment without  having  passed  an  examination.     St.  1887,  c.  437. 

The  tenure  of  ofHce  of  all  officers  appointed  by  the  governor  and  council, 
except  when  otherwise  specially  provided  by  law,  continues  until  their 
successors  are  appointed.     St.  1887,  c.  364. 

CHAPTER  37. 
OF  THE  PUBLIC  RECORDS. 

Clerks  of  towns  and  cities  shall  keep  indexes  of  instruments  recorded,  in 
the  form  here  provided.     St.  1885,  c.  190. 

Sect.  3.  The  county  commissioners  must  furnish  additional  accommo- 
dations when  required  by  a  justice  of  the  supreme  court.     St.  1886,  c.  207. 

Sect.  6.     Records  of  births  may  also  be  copied.     St.  1887,  c.  202. 

CHAPTER  38. 
OF   PARISHES   AND   RELIGIOUS   SOCIETIES. 

Religious  societies  shall  not  assess  taxes  except  upon  their  pews.  St. 
1887,  c.  419. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  c.  326. 

Provision  is  made  for  the  incorporation  of  churches.     St.  1887,  c.  404. 

Sect.  21  is  repealed.     St.  1887,  c.  419. 

Sect.  43.  This  section,  defining  the  powers  of  officers  of  the  Protestant 
Ei)iscopal  Church,  is  extended  to  the  Reformed  Episcopal  Church.  St. 
1886,  c.  239. 


Table  of  Changes.  661 


CHAPTER   39. 

OF  DONATIONS   AND  CONVEYANCES  FOR  PIOUS  AND  CHARITABLE 

USES. 

Sects.  1,  2.  Churches  or  religious  societies  may  appoint  trustees  who, 
with  their  successors,  shall  be  a  body  corporate  for  the  purposes  of  this 
section.     St.  1884,  e.  78. 

CHAPTER   40. 
OF  LIBRARY  ASSOCIATIONS. 

Sect.  6.  The  amount  which  may  be  paid  to  the  county  law  libraries  is 
increased  from  $1,500  to  $2,000.     St.  1882,  c.  24:G. 

Sects.  16  et  seq.  The  election,  powers  and  duties  of  trustees  of  free 
public  libraries  or  of  free  public  libraries  and  reading  rooms  iu  towns  is 
regulated.     St.  1888,  e.  304. 

CHAPTER   41. 
OF  THE   BOARD  OF   EDUCATION. 

Sect.  8.  The  salary  of  the  secretary  of  the  board  of  education  is  raised 
from  $2,500  to  $3,000.      St.  1885,  c.  227. 

Sects.  16,  17.  The  board  also  supervises  the  pupils  in  the  Perkins  insti- 
tution and  Massachusetts  school  for  the  blind.     St.  1885,  c.  118. 

Sect.  16.  This  section,  which  provides  for  the  instruction  of  deaf 
mutes  at  the  public  expense,  is  revised  and  extended.     St.  1888,  c.  239. 

CHAPTER   43. 
OF  THE   SCHOOL  FUNDS. 

Sect.  3.  The  distribution  of  the  half  of  the  school  fund  not  specifically 
appropriated  is  changed,  increasing  the  amount  given  to  the  smaller  towns. 
St.  1884,  c.  22. 

CHAPTER   44. 

OF   THE   PUBLIC   SCHOOLS. 

Sect.  1.  The  use  of  hand  tools  may  be  taught,  if  deemed  expedient. 
The  tools  are  to  be  furnished  by  the  town  and  loaned  to  the  scholars.  St. 
1884,  c.  69. 

Sect.  2.  Towns  and  cities  of  over  ten  thousand  inhabitants  must  main- 
tain evening  schools,  with  certain  studies.  The  terms,  hours  and  regula- 
tions are  fixed  by  the  school  committee.     St.  1883,  c.  174. 

Notice  must  be  given  of  the  opening  of  the  evening  schools.  St.  1887, 
c.  433,  §  4. 

Physiology  and  hygiene,  including  special  instruction  as  to  the  effects  of 
alcoholic  drinks,  stimulants  and  narcotics  on  the  human  system,  must  be 
taught  in  the  public  schools.     St.  1885,  c.  332. 

Sects.  1,  2.  Cities  of  over  fifty  thousand  inhabitants  must  maintain 
evening  high  schools  when  requested  by  fifty  persons  intending  to  be 
students.     St.  1886,  c.  236. 


662  Public  Statutes. 

Sect.  28.  Teachers  after  a  service  of  one  year  may  be  elected  to  sen-^e 
during  the  pleasure  of  the  committee.     St.  1886,  e.  313. 

Sect.  36.  Text-books  and  school  supplies  are  hereafter  to  be  purchased 
and  loaned  to  the  pupils.     St.  1884,  c.  103. 

Sects.  37,  38.  The  sum  due  to  the  town  for  school  books  may  be 
abated  as  in  the  case  of  taxes.     St.  1885,  c.  67. 

Sects.  3.5-40  are  repealed  and  school  committees  may  procure,  at  the 
expense  of  the  city  or  town,  an  appropriation  having  been  previously  made 
therefor,  such  apparatus,  books  of  reference  and  other  means  of  illustration 
as  they  deem  necessary.     St.  1885,  c.  161. 

Sects.  43-45.  Small  towns  may  unite  to  employ  a  superintendent  of 
schools  and  then  receive  assistance  from  the  state.  Section  43  respecting 
the  service  of  school  committees  without  pay  in  towns  where  a  superin- 
tendent is  appointed  shall  not  apply.     St.  1888,  c.  431. 

CHAPTER   45. 
OF   SCHOOL  DISTRICTS. 

The  school  district  system  is  abolished  on  January  1,  1883,  and  the  affairs 
of  the  districts  are  to  be  closed.     St.  1882,  c.  219. 

Sect.  8.  Towns  are  given  the  right  to  sue  or  defend  for  abolished  school 
districts.     St.  1884,  c.  122. 

CHAPTER   47. 
OF   THE   ATTENDANCE  OF  CHILDREN  IN  THE  SCHOOLS. 

Sect.  9.  No  child  can  attend  school  Avhile  any  person  in  its  familj'  is 
sick  with  small-pox,  diphtheria  or  scarlet  fever,  or  until  two  weeks  after 
his  recovery.     St.  1884,  c.  64. 

Nor  after  recovery  without  a  certificate  from  the  attending  physician  or 
board  of  health.     St.  1885,  e.  198. 

CHAPTER   48. 

OF  THE  EMPLOYMENT  OF  CHILDREN  AND  REGULATIONS  RESPECT- 
ING THEM. 

Sect.  1.  No  minor  shall  be  employed  to  sell  papers  devoted  to  criminal 
news.     St.  1885,  c.  305. 

Sects.  1-6.  These  sections  are  repealed.  The  regulations  as  to  the 
employment  of  children  are  revised  and  extended  and  forms  established. 
St.  1888,  c.  348. 

Sects.  1  et  seq.  The  sanitar}^  proAnsions  in  factories,  workshops,  mer- 
cantile or  other  establishments  and  offices  are  regulated.  The  expense 
may  be  recovered  of  other  persons  having  an  interest  in  the  premises  in 
certain  cases.     St.  1888,  c.  305. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

Uniform  and  proper  meal  times  must  be  allowed  for  children,  young  per- 
sons and  women  employed  in  certain  factories  and  workshops.  St.  1887, 
cc.  215,  330. 


Table  of  Changes.  663 

The  words  used  in  statutes  relating  to  the  employment  of  labor  are 
defined.     St.  1887,  c.  103. 

Sect.  12.  Whoever,  after  notice,  hires,  entices  or  induces  any  child 
unlawfully  to  absent  himself  from  school,  or  hires,  employs  or  harbors  such 
absentee  or  truant,  is  punished.     St.  1885,  c.  71. 

Sect.  14.  Three  or  more  cities  or  towns  in  each  of  two,  three  or  four 
contiguous  counties  may  require  the  establishment  of  a  union  truant  school, 
and  the  clause  with  reference  to  Norfolk,  Bristol,  Barnstable  and  Plymouth 
counties  is  repealed.     St.  1884,  c.  155. 

Sect.  18.  Poor  children  in  need  of  immediate  relief  are  to  be  provided 
for  by  the  board  of  lunacy  and  charit}^  and  courts  may  commit  children 
who  are  growing  up  without  education  or  salutary  control,  or  who  are 
dependent  on  public  charit}',  to  such  board,  if  they  have  no  settlement,  or 
to  the  overseers  of  the  poor  if  they  have  a  settlement.     St.  1882,  c.  181. 

If  the  place  of  settlement  of  any  of  such  children  has  not  within  its  con- 
trol any  institution  in  which  they  may  be  lawfully  maintained  they  may  be 
committed  to  the  custody  of  the  state  board  of  lunacy  and  charity.  St. 
1888,  c.  248. 

A  complaint,  summons  to  the  parents  or  guardian  of  the  child,  a  hearing 
and  appeal,  and  the  custody  of  the  child  pending  the  proceedings,  are  pro- 
vided for.     St.  1886,  c.  330. 

If  any  parent  abandons  a  child  under  two  years  old,  or  neglects  to  sup- 
port it,  or  having  contracted  for  its  maintenance  fails  to  perform  such  con- 
tract, he  is  punished.  Any  person  knowingly  and  with  wrongful  intent 
aiding  such  abandonment,  is  also  punished.  Every  person  receiving  a  chiltl 
under  one  year  old,  knowing  or  having  cause  to  believe  it  to  be  illegitimate, 
must  at  once  notify  the  overseers  of  the  poor.  The  parents  must  answer 
all  questions  as  to  its  residence,  parentage  and  place  of  settlement,  and 
must  when  called  upon,  give  security  for  its  maintenance.  St.  1882, 
c.  270. 

Unreasonable  neglect  to  provide  for  the  support  of  a  wife  or  minor  child 
is  punished,  and  the  fine  may  be  paid  to  the  corporation  or  person  actually 
then  supporting  them.  Sts.  1882,  c.  270,  §  4  ;  1884,  c.  210  ;  1885,  c.  17(i. 
Sects.  18,  19.  Only  persons  appointed  by  the  towns  and  the  officers 
and  agents  of  the  society  for  the  prevention  of  cruelty  to  children  shall 
carry  into  effect  the  judgments  under  these  sections.     St.  1883,  c.  245. 


CHAPTER   49. 

OF  THE  LAYING  OUT  AND  DISCONTINUANCE  OF  WAYS,  AND  OF 
DAMAGES  OCCASIONED  BY  THE  TAKING  OF  LAND  FOR  PUB- 
LIC  USE. 

Land  may  be  taken  for  parks.     St.  1882,  c.  154. 

For  the  cultivation  of  trees.     St.  1882,  c.  255. 

The  improvement  of  public  grounds  or  open  spaces  in  streets  designated 
as  not  needed  for  public  travel,  may  be  given  to  corporations  organized  fur 
the  purpose  who  shall  then  have  charge  thereof,  subject  to  the  direction  of 
the  selectmen  or  road  commissioners.  Any  wilful  injury  is  punished  by  a 
fine  which  goes  to  the  corporation.     St.  1885,  c.  157. 


664:  Public  Statutes. 

Public  laiiling  places  already  existing  may  be  laid  out  and  defined. 
St.  1882,  c.  lO'J. 

Sect.  18.  A  provision  is  inserted  providing  for  the  payment  by  the 
trustee  of  any  rent  or  charge  to  the  reversioner  or  remainderman  and  the 
language  is  changed  in  other  respects.     St.  1883,  c.  253. 

Sect.  47.  The  pay  of  the  officer  who  attends  the  sheriff's  jury  is  raised 
from  one  dollar  and  one-half  to  four  dollars  per  day.     St.  1882,  c.  96. 

Sects.  84,  85,  86.  These  sections  which  define  the  powers  of  the  street 
commissioners  of  Boston  are  revised.     St   1888,  c.  397. 

Sect.  105.  Damages  for  land  taken  by  any  town  in  the  counties  of 
Nantucket  or  Dukes  county,  or  by  either  of  those  counties,  may  be 
assessed  by  a  jury  in  the  superior  court  in  Bristol  county.     St.  1887,  c.  50. 

CHAPTER  50. 
OF   SEWERS,  DRAINS   AND   SIDEWALKS. 

Sect.  5.  Land  sold  for  sewer  assessments  may  be  redeemed  as  if  sold 
for  taxes.     St.  1883,  c.  145. 

The  lien  shall  continue  for  two  years  instead  of  one  year.  St.  1886,  c. 
210. 

chaptp:r  51. 

OF    BETTERMENTS   AND    OTHER    ASSESSMENTS    ON    ACCOUNT    OF 
THE   COST   OF   PUBLIC   IMPROVEMENTS. 

The  betterment  act  is  extended  to  alterations  of  ways  at  railroad  cross- 
ings.    St.  1884,  c.  280. 

The  authorities  may  agree  to  assume  betterments  for  streets  or  parks,  if 
the  land-owner  will  release  damages.     St.  1884,  c.  226. 

Betterments  bear  interest  after  thirty  days,  and  the  lien  continues  for  one 
year  after  the  determination  of  any  suit  to  test  their  validity.  St.  1884, 
c.  237. 

Notice  of  an  assessment  of  betterments  must  be  given  within  three 
months  to  persons  affected.     St.  1885,  c.  299. 

The  county  commissioners,  in  laying  out,  altering,  grading  or  discon- 
tinuing highways,  may  declare  the  same  to  be  done  uuder  the  betterment 
acts,  so  far  as  it  is  done  within  a  city  or  town  which  has  accepted  those 
acts.  If  they  have  ordered  damages  for  any  land  or  buildings  to  be  paid 
from  the  county  treasury,  the  sum  shall  be  included  and  reimbursed  to  the 
county  ratably  from  the  betterments  collected.     St.  1887,  c.  124. 

CHAPTER  52. 
OF   THE  REPAIR  OF  WAYS   AND  BRIDGES. 

Sect.  10.  The  trimming  and  removal  of  trees  in  ways  is  regulated. 
St.  1885,  c.  123,  §  2. 

Sect.  19.  The  notice  of  injury  shall  not  be  invalid  for  any  unintentional 
inaccuracy,  if  the  party  entitled  to  notice  was  not  misled.     St.  1882,  c.  36. 

Actions  for  injuries  received  on  highways  are  no  longer  limited  to  the 
superior  court.     St.  1888,  c.  114. 


Table  of  Changes.  6G5 


CHAPTER  53. 

OF   THE    REGULATIONS    AND    BY-LAWS    RESPECTING    WAYS    AND 

BRIDGES. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  c.  393. 

Si'XT.  1.  Guide  posts  are  required  at  forks  or  intersections  of  such 
highways  and  other  ways  as  lead  to  adjoining  towns  or  cities.  St.  1887, 
c.  102. 

Sect.  18.  The  county  commissioners  may  regulate  the  speed  at  which 
persons  may  ride  or  drive  horses  or  other  beasts  over  any  bridge  which  has 
cost  not  less  than  one  thousand  dollars  and  to  the  construction  or  mainte- 
nance of  which  the  county  contributes.     St.  1888,  c.  313. 

CHAPTER  54. 

OF   THE   BOUNDARIES   OF  HIGHWAY^S  AND  OTHER  PUBLIC  PLACES, 
AND   ENCROACHMENTS   THEREON. 

No  barbed  wire  fence  may  be  built  against  a  sidewalk.     St.  1884,  c.  272. 

Sects.  6,  9.  The  town  or  city  may  itself  plant  such  trees.  St.  1885, 
c.  123,  §  1. 

Sects.  9,  12.  The  requirement  of  acceptance  is  repealed.  St.  1885, 
c.  123,  §  3. 

CHAPTER  56. 

OF   THE   INSPECTION  AND   SALE  OF  BUTTER,  CHEESE,  LARD,  FISH, 
HOPS,   LEATHER   AND   POT   AND   PEARL   ASHES. 

Sect.  17.  In  the  mark  or  label,  "imitation  butter"  is  substituted  for 
"  adulterated  butter."     St.  1884,  c.  310,  §  1. 

Sects.  17,  18,  19.  The  type  of  the  brand  required  is  changed  from 
Roman  to  Gothic,  and  other  names  are  allowed.     St.  1885,  c.  352,  §§  1,2. 

The  sale  of  imitations  of  butter  is  further  regulated.     St.  1886,  c.  317. 

Sect.  19.  The  use  of  false  labels,  stamps  or  marks  is  punished.  St. 
1885,  c.  352,  §  3. 

Sect.  20.  Inspectors  may  enter  places  where  butter  or  cheese  is  stored 
or  kept  for  sale,  and  interference  with  their  duties  is  punished.  St.  1884, 
c.  310,  §  2. 

Inspectors  appointed  under  St.  1882,  c.  263,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

Sects.  3-21.  The  sale  of  adulterated  lard  is  forbidden  unless  it  is 
branded  as  compound  lard.     St.  1887,  c.  449. 

Sects.  22  et  seq.  Public  weighers  of  salt-water  fish  may  be  appointed. 
Their  duties  and  fees  are  established.     St.  1888,  c.  163. 

CHAPTER   57. 

OF   THE  INSPECTION  AND   SALE   OF  MILK. 

Municipal,  district,  police  courts  and  trial  justices  are  given  concurrent 
jurisdiction  with  the  superior  court  of  oifences  under  this  chapter.  St.  1885, 
c.  149. 


66Q  Public  Statutes. 

The  milk  act  is  not  repealed  or  amended  by  subsequent  legislation  as  to 
adulterations.     St.  1884,  c.  289,  §  4. 

Sect.  2  is  revised.  Milk  for  analysis  is  to  be  delivered  to  the  inspector 
on  his  written  request,  instead  of  his  taking  it.  The  clause  making  the 
certificate  of  analysis  evidence  is  omitted.  A  part  of  the  sample  analyzed 
is  to  be  kept  for  the  defendant.     St.  1884,  c.  310,  §§  3,  4. 

This  section  is  again  revised.  The  assistants  as  well  as  the  inspectors 
may  enter  and  take  samples.     St.  1885,  c.  352,  §  4. 

Inspectors  appointed  under  St.  1882,  c.  263,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

The  inspectors  may  appoint  collectors  with  power  to  take  samples. 
They  may  take  samples  in  all  cases  instead  of  only  when  they  have 
reason  to  believe  the  milk  adulterated.  They  must  on  request  give  a  por- 
tion of  the  sample  to  the  person  from  whom  it  is  taken.  The  provision 
that  the  certificate  of  analysis  shall  be  evidence  is  stricken  out.  St.  1886, 
c.  318,  §  1. 

A  refusal  or  neglect  to  deliver  a  portion  of  the  sample  makes  any  analy- 
sis or  test  incompetent.     St.  1886,  c.  318,  §  3. 

Whoever  makes,  uses  or  has  a  counterfeit  of  the  inspector's  seal,  or  tam- 
pers with  samples,  is  punished.     St.  1886,  c.  318,  §  4. 

Sect.  5.  Milk  not  of  good  standard  quality  is  added  to  the  kinds  which 
may  not  be  sold.     St.  1886,  c.  318,  §  2. 

Sect.  7.  The  mark  must  be  in  uncondeused  Gothic  letters.  St.  1885, 
c.  352,  §  7. 

Such  skimmed  milk  must  have  at  least  nine  and  three-tenths  per  cent,  of 
milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  8. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  c. 
310,  §  5. 

Sect.  9.  The  milk  must  also  contain  not  less  than  nine  and  three- 
tenths  per  cent,  of  milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  6. 

Milk  of  good  standard  quality  is  defined,  and  the  necessary  percentages 
of  solid  matter  fixed.     St.  1886,  c.  318,  §  2. 

Sect.  12,  regulating  the  number  of  quarts  that  a  milk  can  shall  hold,  is 
repealed.     St.  1885,  c.  145. 

The  wilful  defacing  and  misuse  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

CHAPTER   58. 

OF  THE  INSPECTION  ANI)    SALE    OF    PROVISIONS    AND    ANIMALS 
INTENDED  FOR   SLAUGHTER. 

The  sale  of  dressed  poultry  is  regulated.     St.  1887,  c.  94. 

The  adulteration  of  any  drug  or  article  of  food  is  punished.  Adultera- 
tion is  defined.     St.  1882,  c.  263. 

"  Food"  and  "  drug"  are  defined.     St.  1886,  c  171. 

The  annual  expenditure  for  the  enforcement  of  the  adulteration  act  may 
be  ten  thousand  dollars.  An  annual  report  by  the  state  board  is  required. 
St.  1884,  c.  289,  §§  1,  2. 

The  adulteration  act  does  not  apply  to  mixtures  recognized  as  ordinary 
articles  of  food,  nor  to  drugs  where  the  standard  has  been  raised,  nor  to 


Table  of  Changes.  667 

cases  where  an  inferior  article  is  ordered  or  the  difference  is  known  to  the 
purcliaser.     St.  1884,  c  289,  §§  5,  7. 

A  portion  of  the  sample  must  be  furnished  to  the  defendant.  St.  1884, 
0.  289,  §  8. 

CHAPTER   59. 

OF  THE  INSPECTION  AND   SALE   OF   CERTAIN  OILS. 

The  preparation,  storage  and  sale  of  unsafe  oils  intended  to  be  used  for 
fuel  is  forbidden,  the  person  guilty  is  punished  and  also  made  liable  for  all 
damages,  and  the  oil  is  forfeited.  A  standard  test  for  such  oils  is  estab- 
lished.    St.  188.5,  c.  98. 

Sect.  7.  A  new  section  is  substituted  which  forbids  the  selling  or  keep- 
ing for  sale  of  kerosene  or  petroleum  unless  inspected  by  an  authorized 
inspector.     St.  1885,  c.  122,  §  2. 

CHAPTER  60. 
OF  THE  INSPECTION  AND   SALE   OF  VARIOUS   ARTICLES. 

Sects.  11-16.  These  sections  as  to  the  inspection  and  sale  of  commer- 
cial fertilizers  are  repealed  and  new  provisions  are  substituted.  St.  1888, 
c.  296. 

Sect.  17,  which  provides  the  mode  of  issuing  licenses  to  sell  commer- 
cial fertilizers,  is  repealed.     St.  1883,  c.  29. 

Sect.  20.  A  crate  of  cranberries  containing  thirty-two  quarts,  level 
measure,  is  made  a  legal  measure,  and  all  barrels  or  crates  must  be  branded 
or  marked  "Massachusetts  standard  measure."  Whoever  so  brands  or 
marks  any  barrel  or  crate  of  less  capacity  is  punished.     St.  1884,  c  161. 

Sect.  21.  Cider  apples,  beans  and  peas  are  added  to  the  articles  which 
must  be  sold  either  by  the  bushel  or  the  cental.  The  weight  of  a  bushel 
of  apples  is  fixed  at  fifty  pounds,  and  of  beans  or  peas  at  sixty-two  pounds. 
St.  1888,  c.  414. 

Sects.  69-71.  The  adulteration  of  vinegar  is  forbidden,  and  the  stand- 
ard of  purity  fixed.  The  act  is  to  be  enforced  by  the  inspectors  of  milk. 
St.  1884,  c.  307. 

Artificial  coloring  matter  is  to  be  deemed  an  adulteration,  and  the  per 
cent,  of  acetic  acid  is  reduced  from  five  to  four  and  one-half  per  cent.,  and 
that  of  cider  vinegar  solids  is  increased  from  one  and  one-half  to  two  per 
cent.     St.  1885,  c.  150. 

Sect.  69.  Vinegar  not  made  exclusively  of  apple  cider,  or  into  which 
foreign  substances  have  been  introduced,  may  not  be  sold,  held  with  intent 
to  sell  or  exposed  for  sale  as  cider  vinegar.  Sts.  1883,  c.  257,  §  1  ;  1884, 
c.  307,  §  1. 

Sect.  71.  Compensation  may  be  provided  for  the  inspector  of  vinegar, 
or  he  may  recover  a  reasonable  compensation  for  his  services.  St.  1883, 
c.  257,  §  2. 

Cities  or  towns  may  pay  inspectors  of  vinegar  appointed  under  St.  1880, 
c.  113.     St.  1884,  c.  163. 

Sect.  82.  Coal  in  amounts  less  than  five  hundred  pounds  must  be  sold 
in  measures  of  the  dimensions  prescribed,  and  any  person  who  uses,  or  has 


668  Public  Statutes. 

with  the  intention  to  use,  any  other  measure,  is  punished.      St.  1883, 
c.  218. 

The  baskets  and  measures  provided  by  St.  1883,  c.  218,  must  be  stamped 
with  their  capacity  by  the  sealer  of  weights  and  measures,  and  tlie  coal 
must  be  delivered  in  them.     St.  1884,  c.  70. 

CHAPTER  61. 
OF  THE  INSPECTION   OF  GAS   AND   GAS  J^IETERS. 

In  the  construction  of  this  chapter  gas  company  includes  any  person 
owning  or  operating  works  for  the  manufacture  or  sale  of  gas  for  heating 
or  illuminating  purposes.     St.  1886,  c.  346,  §  7. 

A  board  of  gas  commissioners  is  established  to  whom  the  gas  companies 
are  to  report  and  who  have  power  to  hear  complaints  and  make  orders  with 
regard  to  the  quality  and  price  of  gas.     St.  1885,  c.  314. 

Further  provision  is  made  as  to  regulating  the  price  of  gas.  All  acci- 
dents are  to  be  reported  and  investigated  and  an  abstract  included  in  the 
annual  report.     St.  1888,  c.  350. 

The  board  of  gas  commissioners  is  constituted  a  board  of  gas  and  electric 
light  commissioners,  and  the  laws  as  to  gas  are  extended  to  electric  light 
companies.     St.  1887,  c.  382. 

The  place  where  the  books  of  gas  companies  shall  be  kept  and  their  form 
is  regulated.  They  may  be  compelled  to  furnish  gas.  St.  1886,  c.  346, 
§§1,2,5. 

Sects.  11,  12.  The  meter  must  be  easily  read  and  not  confuse  or  deceive 
the  consumer,  and  no  rent  for  it  can  be  charged  where  the  consumer  uses 
gas  to  the  value  of  seven  dollars  in  any  one  year.     St.  1886,  c.  346,  §  6. 

Sects.  13,  14.  Gas  for  purposes  other  than  lighting  need  not  be  in- 
spected under  these  sections.     St.  1885,  c.  240. 

Sect.  14.  An  inspection  is  to  be  made  for  every  six  million  feet  of  gas 
instead  of  every  four  million.     St.  1886,  c.  250. 

The  gas  commissioners  may  license  gas  companies  to  make  and  sell 
water  gas  containing  any  percentage  of  carbonic  oxide  that  said  board 
may  determine.  The  company  must  furnish  their  customers  a  copy  of 
the  license  containing  a  statement  of  the  percentage  of  carbonic  oxide. 
They  may  not  charge  more  than  other  companies  in  that  locality  charge 
when  the  manufacture  and  sale  is  so  licensed.     St.  1888,  c.  428. 

CHAPTER   65. 
OF  WEIGHTS  AND  MEASURES. 

Sect.  8.  Sealers  of  weights  and  measures  are  to  be  appointed  in  cities 
bj'  the  mayor  and  aldermen,  and  not  by  the  city  council.     St.  1882,  c.  42. 

Sect.  21.  Unlawful  weights  and  measures  may  be  seized.  Possession 
is  made  prima  facie  evidence  of  unlawful  intent,  and  the  person  having 
them  is  punished.     St.  1883,  c.  225. 


Table  of  Changes.  669 


CHAPTER  67. 
OF  AUCTIONEERS. 

Sect.  1.  Auctioneers  must  have  resided  in  the  city  or  town  for  six 
months  before  their  appointment.     St.  1886,  c.  289. 

Sect.  5,  The  clause  forbidding  an  auctioneer  to  sell  his  own  goods  be- 
fore sunrise  or  after  sunset  is  struck  out.     St.  1886,  c.  289. 

CHAPTER  67a. 
OF  THE  REGULATION  OF  PHARMACY. 

A  board  of  registration  in  pharmacy  is  established.  Every  person  en- 
gaged in  the  business  of  retailing  or  dispensing  drugs,  medicines,  chemi- 
cals or  poisons,  or  compounding  them  for  sale,  must  be  registered.  The 
business  is  regulated.     St.  1885,  c.  313. 

The  clause  allowing  retail  dealers  in  drugs  and  medicines  Avho  were  in 
business  at  the  passage  of  the  law  to  register  is  repealed.     St.  1887,  c.  267. 

CHAPTER  67&. 

OF  THE  REGULATION  OF  THE  PRACTICE  OF  DENTISTRY. 

A  board  of  registration  in  dentistry  is  established,  and  the  practice  of 
dentistry  is  regulated.     St.  1887,  c.  137. 

CHAPTER  68. 
OF  HAWKERS  AND  PEDDLERS. 

Any  person  who  employs  a  child  under  fifteen  in  peddling  without  a 
license  or  in  begging,  or  permits  him  to  do  so,  is  punished.  St.  1887, 
c.  422. 

Sect.  2.  Cities  and  towns  may  regulate  the  sale  of  any  articles  per- 
mitted to  be  sold  by  section  1  by  any  hawker  or  peddler,  and  their  authority 
is  not,  as  now,  limited  to  the  regulation  of  sales  by  minors.  They  may 
impose  penalties,  but  no  new  fees  can  be  imposed.     St.  1883,  c.  168. 

Sect.  9.  The  secretary  of  the  Commonwealth  may  grant  licenses  to 
persons  recommended  by  the  towns  or  cities,  as  stated  in  section  4,  who 
are  over  seventy  years  of  age,  without  any  fee.     St.  1883,  c.  118. 

CHAPTER  69. 
OF  SHIPPING  AND  SEAMEN,  HARBORS  AND  HARBOR-MASTERS. 

Sect,  1-13.  Transportation  for  destitute  seamen  may  be  furnished  at 
the  expense  of  the  state.     St.  1886,  c.  179. 

Sect.  23.  The  throwing  into  or  depositing  in  harbors  of  any  injurious 
materials  is  forbidden.  The  harbor  commissioners  may  forbid  injurious 
changes  on  the  shores.     St.  1884,  c.   269. 

Sect.  25.  Assistant  harbor-masters  may  be  appointed  as  well  as  harbor- 
masters, and  shall  be  subject  to  their  control.     St.  1882,  c.  216. 


670  Public  Statutes. 

Sects.  26,  29,  33.  A  hai-bor-niaster  may  requii'e  vessels  to  change 
their  place  of  anchorage.  Masters  of  tug-boats  and  pilots  must  cause  ves- 
sels in  their  charge  to  anchor  under  his  direction.  He  may  recover  the 
expense  of  moving  them,  if  not  anchored  as  he  requires.  St.  1884,  c. 
173. 

Sect.  33.  The  penalty  is  made  to  cover  any  violation  of  sections  23 
to  32.     St.  1884,  c.  173. 

CHAPTER  70. 
OF  PILOTS  AND  PILOTAGE. 

Pilots  may  be  appointed,  in  addition  to  those  now  allowed  by  law,  except 
for  the  port  of  Boston.  Where  the  recommendation  of  a  society  is  now 
required,  they  shall  not  be  appointed  without  a  certificate  from  the  society, 
unless  it  neglects  for  three  months  to  pass  upon  their  qualifications.  St. 
1882,  c.  174. 

A  pilot  may  be  appointed  for  the  harbor  of  Cohasset.  The  rates  are 
the  same  as  for  the  harbor  of  Boston.     St.  1887,  c.  298. 

Sect.  15.  The  fees  for  the  pilotage  of  vessels  in  and  out  of  Wood's 
HoU  harbor  are  established.     St.  1888,  c.  288. 

If  a  vessel  entering  Boston  harbor  passes  a  line  fixed,  she  is  not  liable 
to  pilotage.     St.  1884,  c.  252,  §  1. 

Exempt  vessels  may  require  a  pilot  and  then  shall  pay  him.  St.  1884, 
c.  252,  §  5. 

The  rates  of  pilotage  for  the  ports  of  Salera  and  Beverly  shall  be  the 
same  as  for  the  port  of  Boston.     St.  1887,  c.  204. 

Sect.  27.  Whaling  vessels  outward-bound  from  New  Bedford  are 
exempt  from  the  pilotage  law.     St.  1884,  c.  213. 

Sect.  30.  The  limit  of  half  fees  in  Boston  harbor  is  increased  from  two 
hundred  to  three  hundred  and  fifty  tons,  and  such  vessels  are  not  held  for 
fees  out  unless  they  take  a  pilot.     St.  1884,  c.  252,  §§  2,  3. 

Sect.  32.  In  the  list  of  vessels  exempt  from  compulsory  pilotage  are 
omitted  "  all  single-decked  coasting  vessels  of  not  more  than  three  hundred 
and  fifty  tons."     St.  1884,  c.  252,  §  4. 

Sect.  39.  Persons  other  than  pilots  may  not  assume  or  continue  to  act 
as  such  when  pilots  can  be  got.     St.  1884,  c.  252,  §  6. 

CHAPTER   72. 
OF  PUBLIC  WAREHOUSES. 

Provision  is  made  for  the  sale  of  goods  held  by  public  warehousemen 
for  overdue  charges  and  the  disposition  of  the  proceeds  is  determined. 
St.  1887,  c.  277. 

Sect.  2.  The  amount  of  the  bond  and  its  sureties  are  to  be  approved 
by  the  governor.     St.  1885,  c.  167. 

Sect.  5.  Any  person  requesting  it  maj^  have  a  non-negotiable  receipt 
which  can  only  be  assigned  on  the  books  of  the  warehouseman.  St.  1886, 
c.  258. 


Table  of  Changes.  671 

CHAPTER    74. 
OF  THE   EMPLOYMENT   OF  LABOR. 

A  state  board  of  arbitration  for  the  settlement  of  disputes  and  differences 
between  employers  and  their  employees  is  created.  Sts.  1886,  c.  263  ;  1887, 
c.  2ii[K 

The  provision  in  St.  1887,  c.  269,  §  1,  that  the  board  shall  choose  one  of 
its  members  as  secretary  is  stricken  out  and  the  limit  of  the  salary  of  the 
clerk  is  raised  from  $900  to  $1,200.     St.  1888,  c.  261. 

Tlie  words  used  in  the  statutes  relating  to  labor  are  defined.  St.  1887, 
c.  103,  §  5. 

Fines  for  imperfect  weaving  are  regulated.     St.  1887,  c.  361. 

The  proper  ventilation  of  factories  and  workshops  is  required.  St. 
1887,  c.  173. 

The  sanitary  provisions  in  factories  and  workshops  are  regulated.  Sts. 
1887,  c.  103  ;  1888,  c.  305. 

It  is  required  that  uniform  and  proper  meal  times  shall  be  allowed  to 
children,  young  persons  and  women  employed  in  certain  factories  and 
workshops.     St.  1887,  cc  215,  330. 

Employers  must  furnish  seats  for  females  employed.     St.  1882,  c.  150. 

Manufacturers  may  sound  bells,  gongs  and  whistles  as  signals  to  their 
workmen,  of  such  size  and  at  such  hours  as  the  town  or  city  authorities 
ma}'  in  writing  permit.     St.  1883,  c.  84. 

Corporations  must  pay  weekly  all  wages  earned  up  to  six  days  before 
such  payment.     St.  1886,  c.  87. 

The  w^eekly  payment  law  is  modified  in  its  application  to  njunicipal  cor- 
porations, counties,  co-operative  associations  or  corporations  and  railroads. 
Complaints  may  be  made  by  the  chief  of  the  district  police  or  any  state 
inspector  of  factories  aucl  the  defences  to  such  complaint  are  limited. 
Assignments  to  the  corporation  or  any  person  for  it  or  made  to  relieve  it 
from  the  obligation  to  pay  wages  weekly  are  void.     St.  1887,  c.  399. 

All  manufacturers  must  give  the  chief  of  the  district  police  written 
notice  of  any  accident  by  which  an  employee  loses  his  life  or  is  kept  from 
work  for  over  four  days.  The  chief  of  the  district  police  keeps  a  record  of 
such  accidents  and  includes  an  abstract  in  his  annual  report.  St.  1886, 
c.  260. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

The  liabilit}'  of  employers  to  make  compensation  for  personal  injuries 
suffered  by  employees  in  their  service  is  extended  and  regulated.  St.  1887, 
c.  270. 

The  notice  under  the  employer's  liability  act  must  be  in  writing  and 
signed.     St.  1888,  c.  155. 

Sect.  4.  The  ten-hour  law  is  made  to  apply  to  manufacturing  and  mer- 
cantile establishments.     St.  1883,  c.  157. 

This  section  as  amended  in  1883  shall  not  apply  to  mercantile  establish- 
ments.    St.  1884,  c.  275,  §  4. 

The  employment  of  minors  under  eighteen  years  of  age,  for  more  than 
sixty  hours  a  week,  in  mercantile  establishments,  is  forbidden.     A  certifi 


672  Public  Statutes. 

cate  of  age,  sworn  to  by  the  minor  and  his  parent  or  guardian,  is  made 
prima  fade  evidence.  Printed  notices  must  be  posted  giving  the  hours  of 
labor.     St.  1884,  c.  275,  §§  1,  2,  3. 

This  section  is  amended  and  revised.     St.  1887,  c.  280. 

The  notice  shall  state  the  time  of  commencing  and  stopping  work  and 
the  time  allowed  for  starting  and  stopping  machinery  and  for  dinner.  The 
form  is  furnished  by  the  chief  of  the  district  police  and  approved  by  the 
attorney-general.     St.  1880,  c.  00. 

CHAPTER  75. 
OF  LIMITED  PARTNERSHIPS. 

Sect.  3.  The  name  of  a  former  firm  may  be  used  with  the  consent  of 
its  members.     St.  1887,  c.  248,  §  1. 

Sect.  7.  In  case  of  a  renewal  the  special  capital  must  equal  that  origi- 
nally put  in  and  the  certificate  must  so  state.     St.  1887,  c.  248,  §  3. 

Sect.  8.  A  special  partner  may  draw  interest  at  any  rate  agreed  on,  not 
exceeding  six  per  cent.,  out  of  the  profits.     St.  1887,  c.  248,  §  2. 

Sect.  12.  The  clause  making  the  special  partner  liable  in  cases  not 
provided  for  in  tJiis  chapter  is  repealed.     St.  1887,  c.  248,  §  4. 

CHAPTER  77. 

OF     MOXEY,     BILLS     OF    EXCHAXGE,    PROMISSORY     NOTES     AND 

CHECKS. 

Checks  or  demand  drafts  may  be  paid  within  ten  days  after  their  date, 
although  the  drawer  in  the  meantime  dies.     St.  1885,  c.  210,  §  1. 

Sect.  1.  The  par  of  exchange  established  by  the  United  States  Rev. 
St.  §  3565,  is  adopted.     St.  1882,  c.  110. 

Sect.  8.  All  loans  for  less  than  one  thousand  dollars  shall  be  discharge- 
able by  payment  or  tender  of  the  sum  actually  loaned  with  eighteen  per 
cent,  interest  and  not  exceeding  ten  dollars  for  expenses.  St.  1888, 
c.  388. 

The  day  following  Christmas  is  made  a  holiday  when  Christmas  falls  on 
Sunday.  St.  1882,  c.  49.  And  the  first  Monday  of  September,  which  is 
to  be  Ivuo^n  as  labor's  holiday.     St.  1887,  c.  263. 

Sects.  8.  et  seq.  A  written  promise  to  pay  money  is  a  promissory  note 
and  negotiable  though  the  time  of  payment  is  uncertain,  if  it  is  payable  at 
all  events  and  at  some  time  which  must  certainly  come.     St.  1888,  c.  329. 

CHAPTER  77a. 
OF  THE  ENCOURAGEMENT  OF  AGRICULTURE. 

A  bounty  of  one  dollar  a  ton  is  given  for  sugar  made  from  beets  or 
sorghum,  under  the  regulation  stated.     St.  1883,  c.  180. 

The  obtaining  by  false  pretences  of  certificates  of  registration  of  cattle, 
or  transfers  of  such  registration,  and  the  giving  of  false  pedigrees  of  cattle 
and  other  animals,  is  punished.     St.  1887,  c.  143. 


Table  of  Changes.  673 

CHAPTER  78. 

OF  THE  PREVENTION  OF  FRAUDS  AND  PERJURIES. 

An  agreement  to  make  wills,  devises  or  legacies  is  not  binding  unless 
in  writing.     St.  1888,  c.  372. 

CHAPTER  79. 
OF  THE  STATE  BOARD  OF  HEALTH,  LUNACY  AND  CHARITY. 

The  duties  of  the  state  board  of  health,  lunacy  and  charity  are  divided 
between  a  state  board  of  health  and  a  state  board  of  lunacy  and  charity. 
St.  1886,  c.  101. 

The  governor  may  detail  an  officer  of  the  district  police  to  assist  them  in 
cases  of  deserted  and  unprotected  children  and  of  bastardy.  St.  1885,  c. 
158. 

Sect.  9.  The  classes  of  inmates  who  may  be  removed  are  specified. 
St.  1887,  c.  367. 

CHAPTER  80. 

OF  THE  PRESERVATION  OF  THE  PUBLIC   HEALTH. 

Sect.  3.  Vacancies  in  boards  of  health  in  towns,  wiiere  no  provision  is 
made  by  special  statute,  shall  be  filled  by  the  selectmen  and  board  of 
health  acting  jointly.     St.  1885,  c.  307. 

Sect.  28.  Boards  of  health  cannot  abate  such  nuisances  without  a 
previous  appropriation  by  the  city  or  town,  if  the  expense  will  exceed  two 
thousand  dollars.     St.  1887,  c.  338,  §  1. 

Sects.  28,  30.  Any  person  entitled  to  notice  may  appeal  to  the  superior 
court,  and  pending  the  appeal  all  proceedings  by  the  board  are  stayed. 
St.  1887,  c.  338,  §  2. 

Sect.  32.  Persons  aggrieved  by  such  assessments  are  given  a  right  to 
a  trial  by  jury.     St.  1887,  c.  338,  §  3. 

Sect.  60.  Persons  boarding  an  illegitimate  oiiild  under  one  year  old  must 
give  notice  to  the  overseers  of  the  poor.  The  parent  or  parents  must,  when 
required,  give  satisfactory  security  for  the  maintenance  of  such  child,  and 
make  true  answers  to  all  questions  as  to  its  residence,  parentage  and  place 
of  settlement.     St.  1882,  c.  270,  §  3. 

Sect.  79.  The  local  board  of  health  must,  within  twenty-four  hours, 
notify  the  state  board  of  cases  of  small-pox,  or  it  forfeits  the  claim  of  the 
town  to  reimbursement.     St.  1883,  c.  138. 

Sects.  78,  79.  Householders  and  physicians  must  also  report  cases  of 
diphtheria  an<i  scarlet  fever,  and  records  of  such  reports  shall  be  kept  on 
blanks  furnished  by  the  state.  Rooms  and  articles  are  to  be  disinfected  to 
the  approval  of  the  board  of  health.     St.  1884,  c.  98. 

Sect.  88.  The  appellant  from  an  order  as  to  offensive  trades  must 
apply  for  a  jury  to  the  court  in  the  county  where  the  premises  are  ;  not,  as 
now,  where  the  order  is  made.     St.  1883,  c.  133. 

Sect.  96.  Bathing  in  ponds  used  for  the  domestic  water  supply  of  cities 
or  towns  is  forbidden.     St.  1884,  c.  172. 


674  Public  Statutes. 

The  supreme  judicial  or  superior  court  may,  ui)on  the  application  of  a 
city  or  town,  enjoin  violations  of  this  section.     St.  1884,  c.  154,  §  1. 

Skcts.  98,  9t>,  100,  giving  the  state  board  supervision  of  sources  of  water 
supply,  and  power  to  make  orders  concerning  them,  are  repealed.  St.  1884, 
c.  154,  §  2. 

Sects.  96  et  teq.  The  state  board  of  health  is  given  oversight  of  all 
inland  waters.  It  shall  make  examinations,  experiments  and  recommend 
measures  to  prevent  pollution,  and  advise  towns  and  cities  as  to  water  sup- 
plies, drainage  and  sewerage.  Towns  and  cities  must  consult  the  board. 
Petitions  to  the  legislature  must  be  accompanied  by  its  recommendation. 
It  must  enforce  the  law,  and  report  cases  requiring  further  legislation. 
St.  1888,  c   375. 

Sects.  96-105.  A  toM'u  or  city  may  contract  with  anj^  other  towni  or 
city  to  contribute  for  sewers  to  protect  its  water  supply.     St.  1888,  c.  160. 

The  state  board  of  health  may,  on  complaint  after  hearing,  forbid  the 
saL'  of  impure  ice.     St.  1886,  c.  287. 

CHAPTER    82. 
OF   CEMETERIExS   AND  BURIALS. 

Corporations  for  the  cremation  of  the  dead  are  authorized  and  cremation 
is  regulated.      St.  1885,  c.  265. 

Sect.  3.  The  present  section  is  repealed  and  a  new  section  is  enacted 
which  more  fully  defines  the  rights  of  the  widow  and  children  to  the  posses- 
sion, care  and  control  of  the  burial  lot.     St.  1885,  c.  302. 

Sect.  6.  Conveyances  of  burial  lots  recorded  by  the  corporation  owning 
the  cemetery,  require  no  other  record.     St.  1883,  c.  142. 

Sect.  17.  Towns  and  cities  may  receive  funds  for  the  care  and  improve- 
ment of  public  or  private  burial  places,  and  of  lots  therein.  St.  1884, 
c.  186. 

Sect.  19.  Boards  of  health  may  close  any  tomb,  burial  ground,  cemetery 
or  other  place  of  burial.     St   1885,  c.  278,  §  1. 

Sect.  24.  On  appeal  from  such  order  closing  a  burial  place,  the  jury 
must  find,  in  addition  to  thc^finding  now  required,  that  the  closing  thereof 
was  not  necessary  for  the  protection  of  the  public  health.  St.  1885, 
c.  278,  §  2. 

Sects.  25-28.  These  sections,  providing  for  the  closing  of  tombs  in 
cities  by  the  city  council,  are  repealed.     St.  1885,  c.  278,  §  3. 

CHAPTER   84. 
OF  THE   SUPPORT   OF  PAUPERS   BY   CITIES   AND   TOAVNS. 

Sect.  2.  No  insane  person,  where  the  insanity  has  continued  less  than 
six  months,  can  be  detained  in  an  almshouse  or  elsewhere  by  the  overseers 
of  the  poor  without  remedial  treatment.     St.  1886,  c.  319,  §  3. 

Sect.  3.  If  the  overseers  of  the  poor  in  any  city,  except  Boston,  fail  to 
place  any  pauper  child  in  a  family  for  two  months,  the  state  board  of  lunacy 
and  charity  may  do  it.      St.  1887,  c.  401. 

Sect.  6.  Not  only  the  kindred  of  the  pauper  but  the  pauper  himself  is 
liable  for  expenses  incurred  for  him.     St.  1882,  c.  113. 


Table  of  Changes.  675 

Sect.  17.  The  overseers  also  bury  unclaimed  or  unidentified  bodies 
upon  which  inquests  have  been  held.     St.  1887,  c.  310,  §  3. 

Sect.  21.  Destitute  and  deserted  children  may  be  placed  in  St.  Mary's 
infant  asylum,  as  well  as  in  the  Massachusetts  infant  asylum.  St.  1883, 
c.  232. 

CHAPTER  85. 

OF  THE   MAINTENANCE   OF  BASTARD   CHILDREN. 

Sect.  1.  The  complaint  may  be  made  to  and  the  warrant  be  issued  by 
the  clerk  of  the  courts  named,  as  well  as  by  the  courts  themselves. 
St.  1885,  c.  289. 

CHAPTER  86. 
OF   ALIEN  PASSENGERS   AND   STATE  PAUPERS. 

Sect.  13.  The  present  board  is  abolished  and  a  new  one  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  c.  278. 

Sect.  22.  The  removal  of  a  sick  pauper  to  the  state  almshouse  is  for- 
bidden until  the  certificate  of  a  ph^^sician  is  procured  that  he  can  be  removed 
without  injury  or  danger  to  his  health.     St.  1887,  c.  440. 

Sect.  25.  The  notice  in  case  of  persons  too  sick  to  be  removed  must  be 
signed  by  the  overseers  of  the  poor,  or  some  person  appointed  by  them, 
and  they  must  certify  to  the  facts  after  personal  examination.  St.  1885, 
c.  211. 

Sect.  26.  The  bills  must  be  endorsed  with  a  distinct  declaration  that 
the  amount  charged  for  has  been  paid  from  the  town  or  city  treasury. 
St.  1885,  c.  211. 

Sect.  28  is  repealed,  and  provision  is  made  that  idiots  may  be  sent  to  the 
school  for  the  feeble-minded.  The  trustees  there  may  receive  them  or  send 
them  home,  or  to  the  state  almshouse,  or  to  the  place  of  their  settlement. 
St.  1883,  c.  239,  §§  5,  6,  7. 

Sect.  31.  The  expense  is  to  be  paid  only  when  written  notice  has  been 
given  to  the  state  board  within  sixty  davs  from  tlie  time  when  the  aid  was 
first  given.     St.  1885,  c.  211. 

Sect.  37.  Persons  not  sentenced  inmates  who  abscond  or  escape  and 
within  one  year  are  found  soliciting  public  charity,  are  punished.  Provi- 
sion is  made  for  complaints  against  them  and  as  to  what  courts  shall  have 
jurisdiction.      St.  1884,  c.  258. 

Sect.  39.  The  state  board  of  lunacy  and  charity  may  transfer  any 
pauper  lunatic  to  insane  asylum  at  the  state  almshouse.     St.  1888,  c.  69. 

Sect.  44.  St.  Mary's  infant  asylum  must  also  notify  the  state  board 
of  the  reception  of  infants  having  no  known  settlement.  St.  1883, 
c.  232,  §  2. 

Sect.  46.  Children  who  are  state  paupers  may  be  placed  by  the  state 
board  in  private  families  until  tlu'ee  years  old  instead  of  two.  St.  1882, 
c.  181,  §  1. 


676  Public  Statutes. 

Section  46,  as  amended,  applies  to  St.  Mary's  infant  asylum,  but  indi- 
gent and  neglected  infants  without  settlement  are  to  be  committed  to  the 
state  board  of  health,  which  board  shall  provide  for  them  as  they  judge 
best  for  each  child.     St.  1883,  c.  232,  §  3. 

The  hospital  cottages  at  Baldwinsville  are  aided.  Two  trustees  are  to  be 
appointed  by  the  state.  An  annual  report  is  to  be  made  to  the  state  board 
of  lunacy  and  charity.  That  board  may  place  there  ten  children.  St.  1887, 
c.  441. 

CHAPTER  87. 

OF  LUNACY  AND  INSTITUTIONS  FOR  LU^N^ATICS. 

Persons  subject  to  dipsomania  or  habitual  drunkenness,  but  not  otherwise 
of  bad  character  or  repute,  may  be  committed  to  the  state  lunatic  hospitals 
until  recovery,  or  until  their  confinement  is  no  longer  necessary  for  the 
safety  of  the  public  or  their  own  welfare.     St.  1885,  c.  339. 

Sect.  2.  A  new  hospital  is  established  at  Westborough  under  homoeo- 
pathic treatment.     St.  1884,  c.  322. 

Sect.  4.  The  number  of  the  trustees  of  the  state  lunatic  hospitals  is 
increased  from  five  to  seven,  and  five  shall  be  men  and  two  women. 
St.  1884,  c.  149. 

Sect.  7.  An  educated  female  physician  is  to  be  appointed  for  each  state 
lunatic  hospital.     St.  1884,  c.  116. 

Sect.  9.  The  annual  meeting  of  the  trustees  and  the  report  to  the  gov- 
ernor and  council  are  to  be  made  after  the  first  day  of  October  and  before 
the  first  day  of  November,  instead  of  the  fifteenth  day  of  October.  St.  1887, 
c.  170. 

Sects.  11  et  seq.  Commitments  to  the  hospitals  for  the  insane  are  here- 
after to  be  from  districts  defined  for  each  hospital,  subject  to  modification 
by  the  state  board  of  lunacy  and  charity.     St.  1887,  c.  346. 

Sects.  11,  12.  Farther  provisions  are  made  for  the  commitment  of  insane, 
as  to  the  form  of  the  order  of  commitment  and  the  custody  of  insane  pei'sons 
who  are  discharged  uncured.     St.  1886,  c.  319. 

Sects.  24-46.  Provision  is  made  for  asylums  for  the  chronic  insane  in 
cities  of  over  50,000  inhabitants.  They  are  subject  to  the  control  of  the 
state  board,  who  may  send  patients  there  from  state  asylums  or  remove 
them.     St.  1884,  c.  234. 

Sect.  34.  The  support  of  insane  persons  sentenced  to  the  state  prison, 
or  accused  of  felony  and  committed  by 'order  of  court,  is  paid  by  the  state. 
St.  1883,  c.  148. 

Sect.  37.  The  punishment  of  persons  leaving  the  almshouse  and  beg- 
ging is  increased.     St.  1884,  c.  258,  §  1. 

Sects.  38-45.  Insane  persons  of  the  chronic  and  quiet  class  may  be 
placed  at  board  in  families.  Those  who  are  boarded  at  state  expense  must 
be  visited  at  least  once  in  three  months,  and  those  boarded  at  the  expense 
of  towns  and  cities  at  least  once  in  six  months.  They  may  be  removed  to 
the  hospitals,  if  not  properly  treated  and  cared  for.     St.  1885,  c.  385. 

Sect.  40.  The  trustees  of  the  state  hospitals  and  of  the  Massachusetts 
general  hospital  may  confer  on  their  superintendents  power  to  discharge 
patients  after  notice  to  the  person  who  signed  the  petition  for  commitment. 


Table  of  Changes.  G77 

The  superintendents  may  allow  au}^  inmate  to  be  taken  away  by  his  friends 
for  a  period  of  not  over  sixty  days.     St.  1883,  c.  78. 

Sects.  46  etseq.  No  person  whose  insanity  has  continued  for  less  than 
twelve  months  can  be  detained  in  an  almshouse  or  other  place  by  the 
overseers  of  the  poor  without  remedial  treatment,  but  must  have  the  oppor- 
tunity of  treatment  at  a  hospital  or  asylum.     St.  1886,  c.  319,  §  3. 

Sects.  47,  48,  49.  These  sections  are  repealed  and  the  county  receptacle 
for  the  insane  at  Ipswich  is  discontinued.     St.  1887,  c.  207. 

Sects.  ,55  et  seq.  The  name  of  the  Massachusetts  school  for  idiotic  and 
feeble-minded  youth  is  changed  to  the  Massachusetts  school  for  the  feeble- 
minded.    St.  1883,  c.  239.  §  1. 

The  mode  of  committing  to  the  school  is  regulated.  (See  c.  86,  §  28.) 
The  powers  of  the  trustees  are  increased  and  provision  is  made  for  the 
payments  for  the  support  of  patients  and  for  the  recovery  of  the  expense 
of  such  support  in  case  of  paupers.  Scholars  may  be  received  from  other 
states  or  provinces.  The  trustees  may  discharge  patients  or  send  them  home 
or  to  the  place  of  their  settlement,  or  to  the  state  almshouse,  or  allow  them 
to  be  absent  on  visits  of  not  over  three  months.     St.  1883,  c.  239. 

Applicants  for  the  admission  of  pupils  or  idiots  to  the  school  for  the 
feeble-minded  must  give  notice  to  the  mayor  or  selectmen,  and  prove  the 
giving  of  it  to  the  judge.     St.  1884,  c.  88. 

The  Massachusetts  school  for  the  feeble-minded  is  regulated  and  the 
laws  relating  to  it  are  revised.     St.  1886,  c.  298. 

The  amount  allowed   to  the  school   for  the  feeble-minded   is  increased  , 
to  $25,000.     St.  1887,  c.  123. 

CHAPTER  88. 
OF  THE  STATE  WORKHOUSE. 

The  name  of  the  state  workhouse  at  Bridgewater  is  changed  to  the  state 
farm  at  Bridgewater.     St.  1887,  c.  264. 

Sect.  1.  The  present  board  is  abolished  and  a  new  board  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 

Sect.  6.  The  commissioners  of  prisons  may  remove  prisoners  from  the 
Massachusetts  reformatoi-y  to  the  state  farm  for  the  remainder  of  their 
sentences  and  the  board  of  lunacy  and  charity  have  the  same  authority  over 
such  prisoners  which  the  commissioners  would  have  had.     St.  1887,  c.  292. 

Sect.  8.  Persons  not  sentenced  who  escape  and  are  within  one  year 
found  soliciting  charity  are  punished.  Special  provision  is  made  for  their 
prosecution.     St.  1884,  c.  258. 

CHAPTER  89. 

OF  THE  STATE  PRIMARY  AND  REFORM  SCHOOLS  AND  THE  VISITA- 
TION AND  REFORMATION   OF  JUVENILE   OFFENDERS. 

Sect.  2.  Provision  is  made  for  the  care  and  maintenance  of  pauper 
children,  between  the  ages  of  three  and  sixteen,  at  tlie  state  primary  school, 
when  they  have  no  settlement.     St.  1882,  c.  181,  §  2. 


678  Public  Statutes. 

Sects.  8  et  seq.  The  state  refoiin  school  is  hereafter  to  be  known  as  the 
Lyman  school  for  boys.     St.  1884,  c.  323,  §§  1,2. 

The  trustees  are  authorized  to  purchase  more  land  and  erect  buildings. 
St.  1885,  c.  151. 

Sect.  8.  A  temjjorary  place  of  detention  is  provided  for  a  part  of  the 
inmates  of  the  Lyman  school  for  boys.     St.  1885,  c.  86. 

Sect.  15.  Girls  committed  by  the  United  States  courts  are  to  be  con- 
fined in  the  state  industrial  school  for  girls.     St.  1887,  c.  426. 

Sect.  18.  Before  a  warrant  can  issue  for  the  arrest  of  any  child  under 
twelve,  a  summons  to  him  must  issue.  If  he  fails  to  appear,  then  a  warrant. 
St.  1882,  c.  127. 

Sects.  18,  23,  24.  No  boy  shall  be  committed  to  the  Lyman  school  for 
boys,  if  over  fifteen.  If  error  is  made  in  his  age,  the  sentence  may  be  re- 
vised.    St.  1884,  c.  323,  §  3. 

Sect.  20.  The  last  clauses  of  this  section,  providing  for  notice  to  the 
board  of  lunacy  and  charity,  are  so  changed  that  notice  is  given  only  when 
the  judge  would  send  the  child  to  a  public  institution  or  to  the  custody  of 
that  board,  and  notice  to  the  mayor  or  selectmen  is  no  longer  required. 
St.  1883,  c.  110. 

Sect.  21.  A  child  under  twelve  years  of  age  must  be  committed,  in 
default  of  bail,  to  the  custody  of  the  state  board  of  lunacy  and  charity, 
except  in  cases  of  offences  punishable  by  imprisonment  for  life  or  of 
truancy.     St.  1882,  c.  127. 

Sect.  23.  No  bov  over  fifteen  years  of  age  can  be  sent  to  the  reform 
school  at  Westborough.     St.  1884,  c.  255,  §  11. 

Sects.  26-29.  No  child  under  twelve  years  of  age  can  be  punished  by 
confinement  in  a  jail,  house  of  correction,  the  house  of  industry  in  Boston 
or  at  the  state  workhouse,  except  for  crimes  punishable  by  imprisonment 
for  life  or  for  truancy.     St.  1882,  c.  127. 

Sect.  49,  which  requires  notice  of  committals  to  the  state  primary  school 
to  be  given  to  the  overseers  of  the  poor  of  the  place  of  the  child's  settle- 
ment, who  may  remove  him  or  shall  pay  for  his  board,  is  repealed.  St. 
1888,  c.  248,  §  2. 

Sect.  51,  which  provides  that  when  a  person  having  a  settlement  is  com- 
mitted to  the  industrial  or  reform  school,  the  overseers  of  the  poor  of  the 
place  of  settlement  shall  be  notified,  and  the  town  or  cit^'  shall  pay  for  his 
board  with  the  right  to  recover  it  back  from  any  parent,  kindred  or  guar- 
dian liable  by  law  to  maintain  such  person,  is  repealed.  St.  1888, 
c.  248,  §  2. 

CHAFrER   90. 

OF   CONTAGIOUS   DISEASES   AMONG  CATTLE,  HORSES  AND   OTHER 
DOMESTIC   ANIMAI.S. 

This  chapter  is  revised.     St.  1887,  c.  252. 

The  governor  is  authorized  to  accept  the  rules  prepared  by  the  commis- 
sioner of  agriculture  for  the  suppression  of  pleuro-pneumonia  and  other  con- 
tagious diseases,  and  to  co-operate  in  their  enforcement.     St.  1887,  c.  250. 

Sect.  90.  The  cattle  commissioners  are  to  investigate  the  disease 
among  cattle  known  as  abortion.     St.  1884,  c.  232. 


Table  of  Changes.  679 

CHAPTER   91. 
OF   INLAND   FISHERIES   AND   KELP. 

The  provision  for  leasing  great  ponds  is  repealed.     St.  1)^85   c.  109. 

A  penalty  is  imposed  on  persons  taking  witliont  the  owner's  consent,  fish 
or  lobsters  caught  in  nets,  etc.,  or  wilfully  interfering  with  such  nets,  etc. 
St.  1882,  c.  53. 

The  catching  of  bluefish  in  Vineyard  sound  is  regulated.  St.  1885, 
c.  193. 

Fishing  with  seines  or  nets  is  regulated  in  the  waters  of  Edgartown  and 
Cottage  City.     St.  1886,  c.  234. 

Fishing  near  Brandt  island,  in  Mattapoisett  (St.  1884,  c.  214,  §  2),  and 
in  Mashpee  and  Barnstable,  is  regulated.     St.  1884,  c.  264. 

The  use  of  nets  near  the  shores  of  the  town  of  Mattapoisett  is  regulated. 
St.  1887,  c.  197. 

Fisheries  in  the  waters  of  the  town  of  Westport  are  I'egulated.  St. 
1887,  c.  193. 

The  fisheries  in  the  tributaries  of  Plum  island  bay  are  protected.  St. 
1887,  c.  105. 

Pickerel  may  not  be  taken  in  any  other  manner  than  by  an  artificially 
or  naturally  baited  hook  and  hand  line.     St.  1888,  c.  331. 

A  bounty  is  given  for  the  destruction  of  seals.     St.  1888,  c.  287. 

Sects.  10-24.  With  certain  exceptions  nets  may  not  be  used  in  ponds. 
St.  1884,  c.  318. 

Sect.  16.  District  attorneys,  on  the  application  of  the  mayor  or  select- 
men or  of  ten  citizens,  shall  institute  proceedings  against  lessees  who  fail 
to  comply  with  the  terms  of  their  leases.     St.  1886,  c.  248. 

Sect.  17.  The  commissioners  cannot  occupy  ponds  which  have  been 
forfeited  by  the  lessees.     St.  1886,  c.  248. 

Sects.  32,  33.  Taking  alewives  in  the  county  of  Dukes  county  is  regu- 
lated, and  a  penalt}^  is  imposed,  amending  the  statute  next  below.  St. 
1884,  c.  245. 

The  lessees  of  Great  pond  and  Job's  Neck  pond,  in  P^dgartown,  are 
allowed  to  take  smelts  and  alewives  at  all  seasons,  but  no  other  person 
may  take  any  other  fish  except  eels.     St.  1882,  c.  102. 

Sect.  36  is  changed  to  allow  nets  or  seines  to  be  used  in  the  Merrimack 
river,  below  the  Essex  Merrimack  bridge,  after  June  20.     St.  1882,  c.  166. 

The  size  of  the  mesh  in  the  seine  is  limited.     St.  1884,  c.  317. 

The  commissioners  may  issue  licenses  to  take  the  protected  fish  in  the 
tidal  waters  of  the  Merrimack  river  and  its  tributaries,  but  shall  charge  no 
fee  therefor.     St.  1883,  c.  121. 

Sects.  36-39.  Shiners,  for  bait,  may  be  caught  with  seines  in  the  Mer- 
rimack river,  in  November  and  December,  except  near  fishways,  othar  fish 
being  returned  to  the  water.     St.  1883,  c.  31. 

Sect.  41.  The  North  river,  in  Pl^nnouth  county,  is  excepted  from  this 
section,  and  fishing  there  is  regulated.     St.  1884,  c.  199. 

Sects.  51-53.  The  open  time  for  trout,  land-locked  salmon  and  lake 
trout  shall  begin  on  the  first  day  of  September  instead  of  on  the  first  day 
of  October.     St.  1884,  c.  171. 


C80  Public  Statutes. 

Sects,  51,  53.  The  close  time  for  trout,  land-locked  salmon  and  lake 
trout  is  extended  in  Berkshire  county  to  include  August  and  April.  St. 
1888,  c.  276. 

Skct.  55.  Shad  are  protected  in  Mill  river  in  Essex.  St.  1888, 
c.  126. 

Sect.  70.  The  fish  weirs  mentioned  in  this  section  are  not  aflfected  by 
St.  188G,  c.  192,  §  4. 

Sect.  79.     Fisheries  in  Buzzard's  bay  are  regulated.     St.  1886,  c.  192. 

Sects.  81,  82,  which  regulate  the  catching  of  lobsters,  are  amended  by 
reducing  the  time  from  "  June  20  to  September  20,"  to  the  month  of  July, 
and  changing  "lobster"  to  "female  lobster  bearing  eggs."  St.  1882. 
c.  98. 

Sect.  84.  The  possession  of  a  lobster  under  legal  size,  is  punished, 
the  words  "with  intent  to  sell"  being  stricken  out.  Mutilation  affecting 
the  length  \^  prima  facie  evidence  that  the  lobster  is  under  the  legal  size. 
The  commissioners  of  inland  fisheries,  with  the  assistance  of  the  district 
])olice,  have  poAver  to  enforce  the  law.     St.  1884,  c.  212. 

The  fish  commissioners,  either  personally  or  by  deputy,  and  the  district 
police,  detailed  for  that  purpose,  may  search  suspected  places  for,  seize 
and  remove  lobsters  taken,  held  or  offered  for  salQ  illegally.  St.  1885, 
c.  256. 

The  mode  of  measuring  lobsters  is  changed.     St.  1887,  c.  314. 

Sects.  81,  82,  84.  One-half  of  the  fine  is  paid  to  the  complainant  and 
one-half  to  the  county.     St.  1887,  c.  314. 

St.  1887,  c.  96,  §  1,  does  not  apply  to  scallops  taken  for  bait  in  the 
"svaters  adjacent  to  Nantucket.     St.  1888,  c.  238. 

The  taking  of  scallops  in  the  head  waters  of  Buzzai'd's  bay  is  regulated. 
St.  1888,  c.  223. 

The  planting  of  clams  around  the  shores  of  Winthrop  is  regulated.  St. 
1888,  c.  202. 

The  planting  of  clams  around  the  shores  of  Essex  is  regulated.  St. 
1888,  c.  198. 

Sects.  97-101.  Oyster  licenses  may  be  granted  for  any  waters  where 
there  are  no  natural  oyster  beds.     St.  1884,  c.  284. 

The  granting  of  licenses  to  plant,  grow  and  dig  oysters  is  regulated,  and 
their  revocation  is  provided  for.     St.  1885,  c.  220,  §§  1,2. 

Interference  with  licensed  oyster  beds  is  punished.     St.  1885,  c.  220,  §  5. 

Sect.  97.  Oyster  licenses  are  limited  to  ten  years  instead  of  twenty. 
St.  1884,  c.  284. 

Licenses  can  be  held  only  by  inhabitants  of  the  town  and  are  only  assign- 
able with  the  consent  of  the  authorities.     St.  1886,  c.  299,  §  1. 

Sect.  100.  The  hours  are  extended  to  an  hour  after  sunset  and  before 
sunrise.     St.  1886,  c  299,  §  2. 

Sects.  97  et  seq.  The  forfeiture  under  section  100  is  extended  to  all 
violations  of  the  law.     St.  1886,  c.  299,  §  3. 

Oyster  fisheries  in  Westport  rivers  are  regulated.     St.  1887,  c.  119. 

Skct.  102.     The  taking  of  scallops  is  regulated.     St.  1887,  c.  96. 

Constables  may  be  designated  to  enforce  the  laws  relating  to  shell  fish- 
eries, with  authority  to  arrest  without  warrant,  and  seize  vessels  and  imple- 
ments, which  shall  be  forfeited.     St.  1885,  c.  220,  §  6. 


Table  of  Changes.  681 

CHAPTER   92. 
OF  THE  PRESERVATION  OF  CERTAIN  BIRDS  AND  OTHER  ANIMALS. 

The  owner  of  land  may  post  notices  forbidding  shooting  and  trapping, 
and  it  shall  then  be  unlawful  to  enter  it  for  those  purposes.  Game  arti- 
ficially propagated  on  land  where  shooting  or  trapping  is  forbidden  belongs 
to  the  land-owner.     St.  1884,  c.  308. 

Sect.  2.  The  close  time  for  woodcocks  and  ruffed  grouse,  commonly 
called  partridge,  is  changed.     St.  1888,  c.  292. 

The  shooting  of  black  duck  in  Plymouth  harbor  or  bay  is  regulated. 
St.  1888,  c.  269. 

Sect.  6.  English  sparrows  are  no  longer  protected.  The  mayor  or 
selectmen  may  give  certificates  allowing  the  killing  of  birds  for  scientific 
purposes.     St.  1883,  c.  36. 

Sect.  7.  The  trapping  or  snaring  of  ruffed  grouse,  hares  or  rabbits  is 
regulated.     St.   1887,  c.  300. 

Sect.  8.  The  time  during  which  deer  may  be  taken  is  changed  from  the 
month  of  November  to  four  days  in  each  week  in  November,  and  the 
penalty  is  modified.     St.  1882,  c.  199,  §  1. 

The  killing  of  deer,  except  tame  deer  on  the  owner's  grounds,  is  forbid- 
den in  Plymouth  and  Barnstable  counties.     St.  1883,  c.  169. 

Sect.  10  is  amended,  so  that  the  possession  of  a  deer,  except  in  Novem- 
ber \^  prima  facie  evidence  of  a  violation  of  the  law.  St.  1882,  c  199,  §  2. 
Shooting  wild  fowl  from  boats  in  the  waters  in  and  around  Nantucket  is 
forbidden.     St.  1886,  c.  246. 

Chap.  92  is  repealed  and  a  substitute  is  passed.     St.  1886,  c.  276. 

CHAPTER  94. 
OF  TIMBER  AFLOAT  OR  CAST  ON   SHORE. 

Tiie  Connecticut  River  Lumber  Company  is  authorized  to  construct  a 
boom  in  the  river.     St.  1882,  c.  274. 

Sect.  5,  which  forbids  the  driving  of  logs,  except  in  rafts,  in  the  Con- 
necticut river,  is  limited  to  tlie  river  below  the  entrance  of  the  Chicopee 
river ;  but  the  Connecticut  River  Lumber  Company  must  pay  damage  to 
owners  of  ferries  and  pleasure  boats  above.     St.  1882,  c  274. 

St.  1882,  c.  274,  §  2,  is  repealed,  and  section  5  of  this  chapter  is  amended. 
St.  1883,  c.  183. 

The  county  commissioners  of  Franklin,  Hampden  and  Hampshire,  wnthia 
their  respective  counties  may  regulate  the  floating  of  timber  on  the  Con- 
necticut river  above  the  Chicopee  river,  and  require  persons  doing  it  to 
protect  dams,  bridges  and  boats.     St.  1883,  c.  183,  §  2. 

CHAPTER  97. 
OF  WRECKS    AND   SHIPWRECKED   GOODS. 

Provision  is  made  for  the  removal  of  wrecks  and  unauthorized  structures 
in  the  navigable  waters  of  the  Commonwealth.     St.  1883,  c.  260. 
This  chapter  is  revised.     St.  1887,  c.  98. 


682  PcTBLic  Statutes. 


CHAPTER  98. 
OF  THE  OBSERVANCE   OF   THE  LORD'S  DA.Y. 

The  provisions  relating  to  the  observance  of  the  Lord's  day  shall  not  be 
a  defence  to  actions  for  torts  or  injuries  suffered  by  a  person  on  that  day. 
St.  1884,  c.  37. 

Sect.  1.  This  section  is  limited  to  the  evening  of  the  Lord's  day,  and 
no  longer  forbids  games  and  public  diversions  on  Saturday  night.  St. 
1887,  c.  391,  §  1. 

Sect.  2.  Bakers  may  sell  food  during  certain  hours  on  the  Lord's  day. 
St.  1886,  c.  82. 

Many  descriptions  of  labor  are  excepted  from  the  prohibition  of  this 
section.     St.  1887,  c.  391,  §  2. 

Sect.  3  which  forbids  travelling  is  repealed.     St.  1887,  c  291,  §  4. 

Sect.  13.  The  railroad  commissioners  may  license  other  than  through 
trains  and  also  steamboat  lines.     St.  1887,  c.  391,  §  3. 

CHAPTER  99. 
OF   GAMING. 

Provision  is  made  for  the  removal  of  certain  obstructions  in  gambling 
resorts.     St.  1887,  c.  448. 

Sect.  8  is  revised  and  extended  to  persons  present  in  any  such  place 
engaged  in  any  such  business  or  employment.     St.  1885,  c.  342. 

Sect.  10.  The  penalty  is  extended  to  those  present  at  a  gambling  house 
as  well  as  to  those  playing.     St.  1883,  c.  120. 

The  provisions  against  common  gaming  houses  are  revised  and  extended. 
St.  1887,  c.  448,  §  2. 

CHAPTER  100. 
OF  INTOXICATING  LIQUORS. 

No  case  for  the  violation  of  the  liquor  laws  shall  be  disposed  of  except 
by  trial  and  judgment  unless  the  presiding  judge  on  affidavits  orders  it. 
St.  188,5,  c.  359. 

The  mayor  or  selectmen  may  prohibit  the  sale  of  liquor  in  cases  of  riot 
or  great  public  excitement.     St.  1887,  c.  365. 

Sects.  2,  3,  5,  8,  10.  The  sale  of  intoxicating  liquor  by  retail  druggists 
and  apothecaries  is  regulated.     St.  1887,  c.  431. 

Sect.  5.  Licenses  of  the  first  three  classes  cannot  be  granted  for  the 
sale  of  liquors  in  any  building  or  place  within  four  hundred  feet  of  a  public 
school.     St.  1882,  c.  220. 

Applications  may  be  received,  investigated  and  acted  upon  in  March  or 
April  and  granted  in  April.     St.  1883,  c.  93. 

The  number  of  places  which  may  be  licensed  for  the  sale  of  intoxicating 
liquor  is  limited.     St.  1888,  c.  340. 

A  recount  of  the  ballots  on  the  question  of  license  may  be  had  in  cities 
under  the  provisions  of  St.  1884,  c.  299,  §§  22-26.     St.  1885,  c.  262. 

In  Boston  licenses  are  to  be  signed  by  the  police  commissioners.  St. 
1885,  c.  83. 


Table  of  Changes.  683 

The  material,  size,  style  and  form  of  the  ballots  is  regulated.  St.  1886, 
c.  49. 

Ballots  upon  the  question  of  granting  licenses  are  to  be  furnished  in 
towns  by  the  secretary  of  state.  Registering  ballot  boxes  must  be  used. 
In  cities  the  question  must  be  printed  upon  the  regular  ballots  with  the 
words  "  yes  "  or  "  no,"  one  to  be  erased  by  the  voter.     St.  1888,  c.  434. 

Self-registering  and  cancelling  ballot-boxes  must  be  used  in  taking  the 
vote  on  the  question  of  granting  liquor  licenses.     St.  1887,  c.  443. 

Sect.  6.  The  publication  of  the  notice  of  application  for  licenses  in 
Charlestown,  East  Boston,  South  Boston,  Roxbury,  West  Roxbury,  Dor- 
chester and  Brighton  districts,  must  be  in  one  weekly  paper  in  the  district 
as  well  as  in  the  daily  papers  in  Boston,      St.  1882,  c.  222. 

Applications  may  be  advertised  in  March  or  April.     St.  1883,  c.  93. 
Sect.  7.     The  objection  may  be  made  by  any  person  owning  real  estate 
within  twenty  feet  of  the  premises.     St.  1887,  c.  323. 

Sect.  9.  Common  victuallers  must  close  between  twelve  and  five  in  the 
morning.     St.  1882,  c.  242. 

The  sale  of  intoxicating  liquor  is  forbidden  after  eleven  o'clock  instead 
of  twelve.     St.  1885,  c.  90. 

The  fourth  condition  of  the  license  is  extended  to  forbid  sales  or  deliv- 
eries to  persons  known  to  have  been  supported,  in  whole  or  in  part,  by 
public  charity  within  twelve  months  before  the  date  of  the  license.  St. 
1884,  c.  158. 

No  common  victualler  or  innkeeper  having  a  license  to  sell  intoxicating 
liquors  may  sell,  give  away  or  deliver  such  liquors  on  the  day  of  any  national, 
municipal  or  annual  town  election  in  his  town  or  city.     St.  1885,  c.  216. 

Nor  on  Fast  day.  Memorial  day.  Thanksgiving  day,  Christmas  day  or 
the  twenty-sixth  day  of  December  when  Christmas  falls  on  Sunday.  St. 
1888,  c.  254. 

Sect.  10.  No  license  of  the  first  five  classes  shall  be  granted  to  be 
exercised  in  a  dwelling  house  or  store  having  an  interior  connection  with  a 
dwelling  or  tenement,  and  such  connection  makes  a  license  void.  St.  1888, 
c.  139. 

A  condition  is  added  to  licenses  of  the  first,  second  and  third  classes  for- 
bidding the  sale  or  gift  of-  liquor  in  violation  of  the  law  forbidding  it  on 
election  days.     St.  1888,  c.  262. 

Sect.  11.  The  minimum  fee  for  liquor  licenses  is  fixed  at  a  larger 
amount.     St.  1888,  c.  341. 

Sect.  12.  To  provisions  forbidding  any  screen  to  prevent  a  view  of  the 
business,  is  added  "  or  a  view  of  the  interior  of  said  premises,"  and  such 
screen  or  obstruction  makes  the  license  void.     St.  1882,  c.  259. 

Sect.  13.  Each  surety  offered  on  the  bond  given  to  obtain  a  license 
must  make  affidavit  that  he  is  worth  $2,000  above  all  liabilities,  and  shall 
designate  property  sufficient  to  meet  the  bond.  This  affidavit  is  filed  with 
the  bond.     St.  1882,  c.  259. 

The  form  of  bond  is  changed  by  substituting  the  words  "incurred  by 
violation  of  such  provisions  of  law,"  for  the  words  "which  may  be  re- 
covered from  him  under  and  pursuant  to  such  provisions  of  law."  St.  1888, 
c.  283. 

Sect.  10.     A  conviction  for  a  violation  of  any  of  the  provisions  of  this 


684  Public  Statutes. 

chapter  and  the  acts  in  amendment  of  it,  of  itself  makes  the  license  void. 
St.  1887,  c.  392. 

Sect.  18.  Common  victuallers  who  keep  open  during  the  forbidden  hours 
come  within  the  fines  and  forfeitures  of  this  section.     St.  1882,  c.  242. 

Sect.  25.  This  section,  which  forbids  sales  after  notice,  applies  to  sales 
by  druggists  and  apothecaries  except  on  prescriptions  of  physicians.  The 
mayor  of  a  city  or  any  one  of  the  selectmen  of  a  town  may  give  the  notice, 
and  then  sue  in  his  own  name,  but  for  the  benefit  of  husband,  wife,  child, 
parent  or  guardian  of  the  person.     St.  188.5,  c.  282. 

Sect.  26.  Signs,  placards  and  advertisements,  except  in  drug  stores, 
announcing  the  keeping  of  intoxicating  liquor,  and  United  States  tax 
receipts  as  a  dealer  in  liquors  other  than  malt  liquors,  shall  \i%  prima  facie 
evidence  that  such  liquors  are  there  kept  for  sale.     St.  1887,  c.  414. 

Beverages  containing  more  than  one  per  cent,  of  alcohol  shall  be  deemed 
intoxicating,  instead  of  those  containing  more  than  three  per  cent.  St. 
1888,  c.  219. 

Sect.  29.  The  assayer  of  liquors  is  required  to  analyze  liquors  sent  to 
him  by  oflficers,  and  the  forms  of  application  and  certificate  are  given. 
Tampering  with  the  samples  is  punished.  His  certificate  is  evidence.  The 
court  may  order  analysis  by  other  chemists.     St.  1882,  c.  221. 

The  salary  of  the  inspector  and  assayer  of  liquors  is  to  be  paid  monthly 
instead  of  quarterly.     St.  1885,  c.  224. 

The  salary  of  the  inspector  and  assaver  of  liquors  is  raised  from  $500  to 
$1,200.     Sts.  1886,  c.  175  ;  1887,  c  232. 

Sect.  30.  A  search  warrant  for  liquor  may  be  issued  by  a  justice  of  the 
peace  authorized  to  issue  warrants  in  criminal  cases.     St.  1884,  c.  191. 

The  warrant  shall  require  all  implements  of  sale  and  furniture  used  in 
the  sale  of  such  liquor  to  be  seized.     St.  1887,  c.  406. 

Sects.  30,  33.  All  implements  of  sale  and  furniture  used  or  kept  and 
provided  to  be  used  in  the  illegal  keeping  or  sale  of  the  liquor  are  also  to 
be  seized.     St.  1888,  c.  297. 

Sect.  33.  The  officer  shall  also  seize  all  implements  of  sale  and  furni- 
ture used  in  the  sale  of  such  liquor.     St.  1887,  c.  406. 

Sect.  38  is  amended  to  provide  for  the  mode  of  transportation  of  the 
liquor,  a  receipt  for  the  same  and  the  fees.     St.  1887,  c.  53. 

Implements  of  sale  and  furniture  may  be  destroyed  or  sold  as  the  court 
may  order  by  any  officer  qualified  to  serve  crimuial  process,  he  making 
return.     St.  1888,  c.  297. 

Sect.  40.  Ten  dollars  and  the  fees  allowed  by  law  for  analysis  are 
added  to  the  costs  now  allowed  in  certain  cases.     St.  1888,  c.  277. 

Sect.  45.     Clubs  may  be  licensed  to  sell  liquors.     St.  1887,  c.  206. 

'CHAPTER  101. 
OF   THE   SUPPRESSION  OF  COMMON  NUISANCES. 

Sect.  6.  Common  nuisances  under  this  section  may  be  enjoined  in 
equity  on  information  by  the  district  attorney,  or  on  a  petition  by  not  less 
than  ten  legal  voters.     St.  1887,  c.  380. 

Placards,  signs  and  advertisements  and  United  States  tax  receipts  are 
prima  facie  evidence.     St.  1887,  c.  414. 


Table  of  Changes.  685 


CHAPTER  102. 
OF   LICENSES  AND   MUNICIPAL  REGULATIONS   OF  POLICE. 

Cities,  except  Boston,  and  towns  may  provide  for  tlie  registration  and 
licensing  of  plumbers  and  regulate  the  materials,  construction  and  inspec- 
tion of  their  work  and  make  plans  for  it  subject  to  the  approval  of  the 
board  of  health.     St.  1888,  c.  105. 

Sect.  12.  The  liability  of  innholders  is  still  further  limited.  St.  1885, 
0.  358. 

Sect.  13.  Any  person  who  fraudulently  procures  entertainment  at  a 
.  boarding  house  is  punished.  A  copy  of  this  section  must  be  posted  up. 
St.  1883,  c.  187. 

The  maximum  fine  for  fraudulently  procuring  entertainment  at  an  inn  is 
reduced  from  one  hundred  to  fifty  dollars.     St.  1884,  c.  169. 

Sect.  33.  Articles  of  personal  apparel  shall  not  be  deemed  to  be  of  a 
perishable  nature  for  purposes  of  sale  by  pawnbrokers.     St.  1884,  c.  324. 

Sects.  33-36.  Persons  engaged  in  the  business  of  loaning  money,  or  its 
equivalent,  in  sums  of  less  than  one  hundred  dollars,  on  household  goods, 
wearing  apparel  or  articles  of  personal  use  or  ornament,  or  on  pledges  or 
mortgages  of  such  property',  it  being  delivei-ed  to  them,  are  subject  to  these 
sections.     St.  1885,  c.  252. 

Sect.  35  is  amended  so  that  any  district  police  officer  may  also  enter  and 
examine  pawnshops.     St.  1888,  c.  243. 

Sect.  54.  Cities  and  towns  may  regulate  the  sale  or  use  of  toy  pistols, 
toy  cannon,  and  all  articles  in  which  explosives  are  used.     St.  1882,  c.  272. 

Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  minors 
under  fifteen  years  of  age.     St.  1884,  c.  76. 

Sect.  56.  Any  one  storing  or  keeping  for  sale,  gunpowder  over  one 
pound  in  amount,  must  at  once  give  notice  to  the  chief  engineer,  or,  in 
Boston,  to  the  board  of  fire  commissioners,  of  the  amount  and  place  in  the 
building.     St.  1882,  c.  269. 

Sect.  75.  Towns  and  cities  may  regulate  the  inspection  of  kerosene 
and  petroleum.     St.  1885,  c.  122,  §  1. 

Sect.  80.  A  dog  which  becomes  three  months  old  after  the  thirtieth  day 
of  April  must  be  licensed.     St.  1885,  c.  292. 

Sects.  80,  81,  82,  87.  Special  licenses  for  the  keeping  of  dogs  for 
breeding  purposes  may  be  granted.     St.  1887,  c.  307. 

The  keeping  of  bloodhounds  and  other  like  dogs  is  forbidden.  St.  1886, 
c.  340. 

Sect.  84.  The  board  of  police  for  the  city  of  Boston,  and  not  the  chief 
of  police,  shall  issue  dog  licenses  and  receive  the  money  therefor.  St. 
1887,  c.  135. 

City  and  town  clerks  must  give  a  bond  to  account  for  money  received 
for  dog  licenses.     St.  1888,  c.  320. 

The  clerks  must  pay  over  the  money  received  from  dog  licenses  on  the 
first  days  of  June  and  December,  instead  of  the  fii'st  day  of  December. 
St.  1886,  c.  259. 

Sect.  86.  In  case  of  a  transfer  of  a  dog  license,  it  must  be  recorded 
again  if  the  dog  is  kept  in  the  city  or  town  thirty  days.     St.  1884,  c.  185. 


686  Public  Statutes. 

Sect.  98.  The  certificate  as  to  damages  is  to  be  returned  to  the  county 
treasurer  instead  of  the  county  commissioners.  The  treasurer  transmits  it 
to  the  connnissioners.  They  must  act  upon  it  within  thirty  days  instead  of 
during  tlie  month  of  December.  The  date  of  payment  is  changed  from  the 
first  Wednesday  of  .lanuary  to  the  first  day  of  July.     St.  1886,  c.  259. 

Sects.  115-127.  Provision  is  made  for  licensing  skating  riuks.  Per- 
sons keeping  unlicensed  rinks  are  punished.  Officers  may  enter  such  riuks 
to  enforce  the  laws.     St.  1885,  c.  196. 

Children  under  the  age  of  thirteen  years  may  not  be  admitted  to  any 
licensed  show  or  place  of  amusement,  unless  accompanied  by  some  person 
above  the  age  of  twenty-one  years.     St.  1887,  c.  446. 

Sects.  116,  117,  118,  119.  Municipal,  district  and  police  courts  are 
given  concurrent  jurisdiction  with  the  superior  court  of  offences  under 
these  sections  which  forbid  unlicensed  theatrical  exhibitions  and  shows 
and  masked  balls.     St.  1887,  c.  293. 

Sect.  124.  The  fee  for  licenses  of  pawnbrokers,  etc.,  is  made  payable 
to  the  board  issuing  the  license,  instead  of  to  the  clerk,  and  the  fees  given 
are  to  be  the  minimum  fees  only.     St.  1882,  c.  258. 

Sects.  124,  126,  127.  Groves  used  for  picnics  and  other  amusements 
must  be  licensed  in  towns  or  cities  which  accept  this  act.  St.  1885, 
c.  309. 

Hawking,  peddling,  vending  provisions  and  refreshments,  gaming,  horse 
racing  or  the  exhibition  of  plays  or  shows  within  one  half  mile  of  picnics 
and  other  lawful  gatherings  in  licensed  groves  are  forbidden.  St.  1887, 
c.  445. 

CHAPTER   103. 

OF   THE  DISTRICT   AND   OTHER  POLICE. 

The  district  police  is  divided  into  an  inspection  department  and  a  de- 
tective department.     St.  1888,  c.  113. 

Sect.  1.  The  number  of  the  district  police  is  increased  to  thirty-three, 
of  whom  twenty  are  in  the  inspection  department.  Sts.  1885,  c.  131  ; 
1887,  c.  256  ;  1888,  cc.  389  ;  426,  §  13. 

District  police  need  no  longer  be  examined  by  a  judge.     St.  1884,  c.  190. 

St.  1884,  c.  190,  is  repealed,  and  candidates  for  the  district  police  need 
not  be  examined  by,  or  under  the  direction  of,  a  justice  of  the  superior 
court.     St.  1885,  c.  186. 

Sect.  5.  The  salary  of  members  of  the  district  police  is  raised  from 
$1,200  to  $1,500,  and  the  chief  shall  receive  a  sum  not  exceeding  $2,000, 
instead  of  not  exceeding  $1,700.     St.  1887,  c.  127. 

Sect.  10.  It  is  made  the  duty  of  the  inspectors  of  buildings  to  enforce 
sections  16,  17,  18  of  chapter  104  of  the  Public  Statutes,  as  well  as  sections 
13-15  and  19-22,  except  where  there  are  special  officers  for  the  purpose. 
If  they  neglect  their  duty,  they  are  to  be  discharged.  These  sections  relate 
to  fire  escapes.     St.  1882,  c.  266,  §§  4,  5,  6. 

Sect.  10.  The  duties  of  the  inspectors  are  extended  to  include  the 
enforcement  of  the  laws  regarding  the  employment  of  children,  young  per- 
sons and  women  in  factories  or  workshops,  and  the  ventilation  and  sanitary 
provisions  in  factories  and  workshops.     St.  1887,  c.  218. 


Table  of  Changes.  687 

Sect.  15.  Railroad  police  shall  be  sworn  and  hold  ofHce  until  their 
appointment  is  revoked  by  the  mayor  and  aldermen  or  selectmen.  St. 
1883,  c.  65. 

CHAPTER   104. 

OF  THE  INSPECTION   OF  BUILDINGS. 

Sects.  4-12.  Any  member  of  the  inspection  department  of  the  district 
police  may,  when  called  upon  by  the  authorities,  inspect  buildings  alleged 
to  be  unsafe,  and  order  them  removed  or  made  safe.     St.  1888,  c.  399. 

Sect.  6.  Where  there  is  no  city  engineer  or  cliief  engineer,  the  mayor 
and  aldermen  or  the  selectmen  may  appoint  some  person  to  sit  in  their 
place.     St.  1888,  c  399,  §  3. 

A  copy  of  the  plans  and  such  portion  of  the  specifications  as  he  may 
require  of  any  building  designed  for  certain  public  purposes,  as  factories  or 
mercantile  establishments,  hotels,  lodging  or  tenement  houses,  above  a 
certain  size,  shall  be  submitted  to  the  inspector  of  factories.  He  may 
require  proper  provisions  against  fire.  His  certificate,  with  the  endorse- 
ment of  the  chief  of  the  district  police,  shall  be  conclusive  evidence  that 
this  act  has  been  complied  with.     St.  1888,  c.  316. 

Such  buildings  shall  have  sufficient  ways  of  egress  and  other  means  of 
escape  from  fire.  The  position  of  hot  pipes  is  regulated  and  wooden  flues 
and  air  ducts  are  forbidden.  The  erection  of  a  building  in  violation  of 
this  act  may  be  enjoined.     St.  1888,  c.  316. 

Sects.  13-24.  The  inspectors  may  require  in  a  manufacturing  estab- 
lishment run  by  steam  that  communication  shall  be  provided  between  each 
room  and  the  engineer's  room.     St.  1886,  c.  173. 

Sect.  14,  relating  to  hoistways,  elevators,  etc.,  in  factories,  is  extended 
to  mercantile  and  public  buildings.  Safety  appliances  to  the  elevators  in 
event  of  accident  to  the  hoisting  machinery  are  also  required.  St.  1882, 
c.  208. 

The  inspectors  of  buildings  may  forbid  the  use  of  passenger  or  freight 
elevators  which  are  unsafe,  and  may  post  a  notice  to  that  effect,  which 
must  not  be  removed.     St.  1883,  c.  173. 

Sects.  15-20.  These  sections  are  repealed.  The  provisions  as  to  pre- 
cautions against  fires,  fire  escapes  and  the  egress  from  buildings  in  case  of 
fire  are  revised  and  extended.  The  proscenium  of  all  theatres  must 
have  a  fire-resisting  curtain  approved  by  the  inspectors.  St.  1888, 
c.  426. 

Sects.  15,  16,  17,  18.  Hotels,  lodging  houses  or  boarding  houses  above 
a  fixed  size,  must  have  watchmen,  lights  in  the  halls,  gongs  and  notices 
describing  the  means  of  escape.  The  municipal  authorities  may  require 
further  precautions.     St.  1883,  c.  251. 

Certain  approved  appliances  are  allowed  in  the  place  of  one  watchman. 
St.  1884,  c.  223,  §  1. 

These  sections  apply  to  family  hotels.     St.  1884,  c.  223,  §  2. 

The  inspector  of  buildings  in  Boston  may  allow  any  family  hotel  in  said 
city  to  dispense  with  a  private  watchman.     St.  1888,  c.  86. 

Sects.  16,  17,  18.  Tlie  authority  of  the  inspectors  to  enforce  sections  16, 
17,  18  is  limited.     St.  1887,  c.  219. 


688  Public  Statutes. 

Sects.  1 4-22.  The  authority  of  the  inspectors  to  enforce  sections  14  to  22 
does  not  extend  to  Boston.     St.  1887,  c.  276. 

Sect.  15,  i-egulating  fire  escapes,  is  made  to  apply  to  manufacturing 
establishments  as  well  as  to  factories  ;  and  cities  may  make  it  apply  to  all 
buildings  three  stories  or  more  in  height.     St.  1882,  c.  266,  §  1. 

Sect.  19.  No  inside  or  outside  door  of  any  building  -where  operatives 
are  emploj^ed  shall  be  fastened  during  working  hours,  and  the  inspectors 
of  factories  must  enforce  this  law.     St.  1884,  c.  52. 

Sect.  20.  Every  tenement  or  lodging  house  three  or  more  stories  in 
height  must  have  a  fire  escape  approved  b}'  the  inspectors.  St.  1882,  c. 
266,  §  2. 

Theatres  must  have  approved  fire-resisting  curtains.     St.  1888,  c.  207. 

Sect.  22.  The  penalty  is  changed  from  a  forfeiture  to  a  fine  and  made 
to  cover  sections  13  to  21  inclusive,  instead  of  13,  14,  15,  19,  20,  21.  The 
person  to  whom  notice  of  required  changes  must  be  given  is  defined.  St. 
1882,  c.  266,  §  3. 

The  inspectors  of  factories  must  call  the  attention  of  the  board  of  health 
to  any  nuisances  about  factories  and  workshops,  and  the  board  of  health 
must  enforce  the  law  against  them.     St.  1887,  c.  103. 

Public  buildings  and  schoolhouses  must  be  provided  with  proper  sanitary 
provisions  and  ventilation.     St.  1888,  c.  149. 

Sect.  23.  The  authority  of  inspectors  under  sections  13  to  21  does  not 
extend  to  Boston  or  other  cities  where  there  are  officers  specially  appointed. 
St.  1882,  c.  266,  §  4. 

Sect.  24,  which  requires  the  discharge  of  officers  not  attending  to  their 
duties,  is  made  to  apply  to  sections  16,  17,  18.     St.  1882,  c.  266,  §  5. 

CHAPTER  105. 

OF    CERTAIN^    POWERS,  DUTIES    AXD    LIABILITIES    OF    CORPORA- 
TIONS. 

Foreign  corporations,  except  insurance  companies  doing  business  here, 
must  appoint  the  commissioner  agent  to  receive  service  in  suits,  and  must 
make  return  of  their  charters  and  capital.     St.  1884,  c.  330. 

Corporations  mentioned  in  St.  1882,  106,  §  1,  upon  filing  the  copy  and 
statement  required  by  St.  1884,  c.  330,  are  relieved  from  making  the  returns 
and  certificates  as  to  their  condition  and  capital  stock  required  by  St.  1882, 
c.  106,  §§  1,  2. 

Manufacturing  corporations  established  under  the  laws  of  other  states 
which  have  complied  with  St.  1884,  c.  330,  may  purchase  and  hold  such 
real  estate  in  this  Commonwealth  as  may  be  necessary  for  conducting  their 
business.     St.  1888,  c.  321. 

Safe  deposit,  loan  and  trust  companies  are  made  subject  to  all  the 
duties,  restrictions  and  liabilities  set  forth  in  this  chapter.  St.  1888, 
c.  413. 

Sect.  24.  No  record  is  necessary  to  the  transfer  of  stock.  St.  1884, 
c.  229. 

Sect.  42.  The  clause  limiting  the  time  within  which  a  receiver  of  a 
corporation  may  be  appointed  is  stricken  out.     St.  1884,  c.  203. 


Table  of  Changes.  689 

CHAPTER  106. 
OF  MANUFACTURING   AND   OTHER  CORPORATIONS. 

Corporations  created  under  this  chapter  may  issue  special  stock  to  be 
held  by  their  employees  only.     St.  1886,  c.  209. 

Sects.  3,  4,  51.  Any  corporation  governed  by  these  sections  may  alter 
its  business  under  section  51.     St.  1885,  c.  310. 

Sect.  10.  Ten  or  more  persons  may  form  a  corporation  to  examine  and 
guarantee  the  titles  of  real  estate.  Reo'ulations  for  the  business  are  estab- 
lished.    Sts.  1884,  c.  180;  1887,  c.  214,  §§  62,  63. 

The  formation  of  corporations  for  the  purpose  of  cremating  the  bodies 
of  the  dead  is  authorized  and  such  cremation  is  regulated.  St.  1885, 
c.  265. 

Sects.  11,  52,  75.  These  sections  are  extended  to  corporations  for  the 
making,  selling  and  distributing  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.  The  gas  need  not  b3  inspected  under  chapter  61, 
§§  13,  14.  It  must  not  be  used  for  domestic  purposes  unless  connected 
with  a  chimney  or  flue.     St.  1885,  c.  240. 

Sect.  13.  Buildings  for  manufacturing  and  mechanical  purposes  as  well 
as  hotels  and  public  halls  are  included  in  this  section.     St.  1888,  c.  116. 

Sect.  27.  The  clause  forbidding  any  person  from  casting  as  proxy 
more  than  fifty  votes  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light.     St.  1887,  c.  385. 

Sects.  54,  55,  59,  81,  82,  84.  Every  corporation  chartered  sinc3  Feb- 
ruary 23,  1880,  or  organized  under  the  general  laws  for  the  purpose  of 
business  or  profit,  having  a  capital  stock  divided  into  shares,  except  banks, 
co-operative  banks,  savings  banks  and  institutions  for  savings,  insurance 
companies,  safe  deposit  and  trust  companies  and  the  collateral  loan  com- 
pany, shall  be  subject  to  these  sections  and  make  the  certificates  and 
returns  required  by  them.      St.  1887,  c.  225. 

Sects.  62-71,  which  impose  personal  liability,  apply  to  safe  deposit, 
loan  and  trust  companies.     St.  1888,  c.  413,  §  14. 

Sect.  75.  Where  a  gas  company  exists  in  active  operation,  no  other 
company  or  person  shall  dig  up  and  open  the  streets,  lanes  and  highways, 
for  the  purpose  of  laying  gas  pipes  therein  without  the  consent  of  the  mayor 
and  aldermen  or  selectmen  after  a  public  hearing.  An  appeal  lies  to  the 
gas  commissioners.     St.  1885,  c.  314,  §§  10,  16. 

Sects.  75  et  seq.  The  issue  of  bonds  is  regulated.  No  gas  company  can 
transfer  its  franchise,  lease  its  works  or  contract  with  others  to  carry  on  its 
business.     St.  1886,  e.  346,  §§  3,  4. 

CHAPTER    109. 
OF   COMPANIES    FOR    THE    TRANSMISSION    OF    INTELLIGENCE    BY 

ELECTRicrrr. 

This  chapter,  except  sections  16  and  18,  shall  also  apply  to  lines  for 
electric  light.     St.  1883,  c.  221. 


690  Public  Statutes. 

Sect.  4.  Provision  is  made  for  damages  to  abutters  on  roads  used  for 
wires.     St.  1884,  c.  306. 

Sect.  10.  Telephone  companies  must  furnish  telephones,  telephone  ser- 
vice and  connections  to  all  individuals  and  corporations  without  discrimi- 
nation.    Courts  of  equity  may  enforce  this  statute.     St.  1885,  c.  267. 

Telegraph  companies  are  made  responsible  to  the  amount  of  one  hundred 
dollars  for  all  damages  caused  by  their  negligence  in  the  transmission  of 
messages,  but  this  does  not  apply  to  railroad  telegraphs  transacting  a 
public  business  only  as  incidental  to  their  own  business.     St.  1885,  c.  380. 

Sect.  15.  Wires  must  not  be  put  up  without  the  landowner's  consent. 
The  name  of  the  owner  of  the  wire  must  be  put  on  the  posts,  etc.  St.  1884, 
c.  302. 

CHAPTER   112. 

OF  RAILROAD   CORPORATIONS  AND  RAILROADS. 

Sect.  10.  The  salary  of  the  clerk  of  the  railroad  commissioners  is  raised 
from  $2,000  to  $2,500.     St.  1885,  c.  119. 

The  salaries  of  the  railroad  commissioners  and  their  clerk  and  accountant 
are  to  be  paid  monthly  instead  of  quarterly.     St.  1885,  c.  224. 

Sects.  10,  11.  The  sum  which  may  be  allowed  to  the  accountant  is 
increased  from  $2,000  to  $2,500.     St.  1885,  c.  164. 

Sects.  17,  127,  169.  The  commissioners  are  given  power  to  regulate 
the  occupation  of  street  crossings,  and  to  direct  changes  in  tracks  for  that 
purpose,  and  the  supreme  court  may  enforce  their  orders.  St.  1885, 
c.  110. 

Sect.  34.  An  organization,  under  the  general  law,  cannot  be  made 
unless  the  railroad  commissioners  grant  a  certificate  that  public  necessity 
and  convenience  require  the  construction  of  the  road.     St.  1882,  c.  265, 

§  1. 

Sect.  38.  No  steam  railroad  can  be  located  within  three  miles  of  the 
state  house  without  the  consent  of  the  railroad  commissioners  and  of  the 
mayor  and  aldermen  or  selectmen  of  the  city  or  town  in  which  a  location  is 
sought.     St.  1882,  c.  265,  §  4. 

Sects.  38  et  seq.  Railroad  corporations  may  change  their  locations  for 
the  purpose  of  improving  the  alignment  of  their  roads.     St.  1887,  c.  430. 

Sect.  44.  The  proceedings  are  void  unless  the  certificate  of  incorpora- 
tion is  issued  within  one  year  from  the  time  when  the  route  is  fixed.  St. 
1882,  c.  265,  §  2. 

Sect.  64.  The  clause  forbidding  any  person  from  casting  more  than 
fifty  votes  as  proxy  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  58,  59,  60.  Street  railways  using  the  cable  system  ma}^  increase 
their  capital  under  these  sections.     St.  1886,  c.  337,  §  3. 

Sect.  62.  The  stockholders  may  before  May  13,  1883,  ratify  any  notes 
or  bonds  not  approved  or  certified  as  required  in  this  section.  St.  1883, 
c.  7. 

The  time  within  which  railroad  bonds  must  be  payable  is  changed  from 
twenty  to  fifty  years.     St.  1887,  c.  191. 

Sects.  62-73.     A  purchaser  under  a  valid  forclosure  and  his  grantees 


Table  oy  Changes.  G91 

and  successors  have  the  same  powers  and  duties  as  the  original  corporation. 
St.  1886,  c.  142. 

Sect.  91.  To  the  purposes  for  which  laud  outside  the  location  may  be 
taken  is  added  the  construction  of  one  or  more  tracks.  The  assent  of  the 
city  or  town  is  required  where  public  highways,  buildings,  parks  or  ceme- 
teries are  to  be  taken.     St.  1884,  c.  134. 

Sect.  115.  The  power  to  exempt  railroads  from  the  duty  to  fence  is 
transferred  from  the  county  commissioners  to  the  railroad  commissioners. 
Proceedings  to  revoke  such  exemptions  are  regulated.     St.  1882,  c.  1(52. 

Sect.  127.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings,  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  may  enforce  their  orders.     St.  1885,  c.  110. 

Sects.  129-134.  The  betterment  act  is  extended  to  alterations  of  ways 
at  railroad  crossings.     St.  1884,  c.  280. 

Sects.  129.  138.  An  appeal  from  the  decision  of  the  county  commis- 
sioners as  to  crossings  of  highways  and  railroads  and  as  to  private  cross- 
ings may  be  taken  by  an}^  person  aggrieved  by  their  decision  or  neglect  to 
decide  for  sixty  days.     The  proceedings  are  regulated.     St.  1882,  c.  135. 

The  county  commissioners  may,  also,  on  the  petition  of  twenty  legal 
voters  of  the  county,  assume  jurisdiction  as  to  grade  crossings  of  railroads 
and  highways.  Notice  is  provided  for.  The  order  cannot  be  made  if  the 
expense  will  exceed  $3,000.  Their  order  may  be  annulled  if  the  expense 
exceeds  $6,000.     St.  1885,  c.  194,  §  1. 

In  Boston  the  railroad  commissioners  have  jurisdiction  under  this  section 
either  on  petition  of  the  mayor  and  aldermen  or  of  the  directors  of  the  com- 
pany.    St.  1885,  c.  194,  §  2. 

No  appeal  shall  hereafter  be  allowed  from  decisions  or  orders  of  the 
county  commissioners  under  this  section,  except  in  proceedings  pending. 
St.  1885,  c.  194,  §  6. 

Sect.  130.  This  section  is  amended  by  adding  "or  otherwise,"  so  that 
the  latter  part  shall  read,  "  and  all  damages  occasioned  by  such  taking  or 
otherwise  shall  be  assessed."     St.  1885,  c.  194,  §  3. 

Sect.  131.  "  Or  "  is  changed  to  "  and,"  and  the  commission  may  direct 
which  party  shall  pay  the  expenses,  and  it  may  apportion  them  between  the 
railroad  and  the  town,  city  or  county  in  which  tiie  crossing  is,  and  other 
towns  and  cities  within  the  county  which  are  specially  interested.  St.  1885, 
c.  194,  §  4. 

Towns  and  cities  specially  benefited  by  the  alteration  of  the  crossing 
may  be  included  in  the  apportionment,  or  such  towns  or  the  counties  or 
either  of  them  may  be  omitted  if  it  seems  just.     St.  1887,  c.  295. 

Sect.  132.     The  hearing  need  not  be  in  term  time.     St.  1885,  c.  194,  §  5. 

Sect.  139.  The  clause  forbidding  branches  within  eight  miles  of  the 
state  house  is  stricken  out.     St.  1884,  c.  279. 

St.  1882,  c.  265,  applies  to  railroad  corporations  acting  under  this  sec- 
tion. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  c.  120. 

Sect.  160.  Provision  is  made  for  the  examination  of  railroad  bridges. 
St.  1887,  c.  334. 

Sect.  161.     Provision  is  made  for  interlocking  or  automatic  signals  at 


692  Public  Statutes. 

railroad  crossings,  and  for  the  expense  of  their  maintenance.     St.  1885, 
c.  85. 

Skct.  IGS.  The  commissioners  may  forbid  or  regulate  locomotive  whistles 
at  highway  crossings.     St.  1885,  c.  ^34. 

Skct.  166.  The  railroad  commissioners,  as  well  as  the  town  or  city 
authorities,  may  require  gates  or  flags  at  crossings.     St.  1883,  c.  117. 

Or  electric  signals.     St.  1888,  c.  240. 

Sect.  169.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings  and  to  direct  changes  in  tracks  for  that  purpose,  and 
the  supreme  court  may  enforce  their  orders.     St.  1885,  c.  110. 

Sect.  170.     Locomotive  boilers  must  be  tested.     St.  1882,  c.  73. 

Safety  couplers  are  required  on  freight  cars.     St.  1884,  c.  222. 

An  examination  and  test  of  safety  couplers  for  freight  cars  is  to  be  made 
every  two  years.     St.  1886,  c.  242. 

Sect.  171.  In  addition  to  the  tools  which  each  train  must  now  carry, 
each  car  of  every  passenger  train  must  have  two  sets  of  tools,  safeguards 
against  fire,  and  such  other  appliances  as  the  railroad  commissioners  may 
require.     St.  1882,  c.  54. 

Sect.  172.  The  heating  of  passenger  cars  on  railroads  is  regulated. 
St.  1887,  c.  362. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness  every 
two  years  is  repealed.     St.  1883,  c.  125. 

Sect.  180.  Railroads  may  establish  tolls  and  fares,  but  they  are  for- 
bidden to  give  undue  or  unreasonable  preferences.     St.  1882,  cc.  94,  225. 

Only  ten  cents  extra  can  be  charged  where  fare  is  paid  on  the  cars,  and 
a  check  must  be  given  redeemable  in  ten  days.     St.  1883,  c.  32. 

Sects.  181-183.  Railroad  corporations  are  prohibited  from  requiring 
women  and  children  to  ride  in  smoking  cars.     St.  1888,  c  176. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools 
required  to  be  carried  on  passenger  trains,  is  punished.  St.  1882,  c.  54, 
§2. 

Sect.  207.  The  offence  of  interfering  with  electric  signals  is  enlarged  by 
omitting  the  word  "  electric."     St.  1884,  c.  5. 

Sect.  212.  If  an  employee,  in  the  exercise  of  due  care,  is  killed,  under 
such  ciicumstanees  that  he  could  have  maintained  an  action  for  damages  if 
death  had  not  resulted,  the  corporation  shall  be  liable  as  if  he  had  not  been 
an  employee.     St.  1883,  c.  243. 

An  action  of  tort  instead  of  an  indictment  may  be  brought  against  street 
railway  corporations  for  loss  of  life.     St.  1886,  c.  140. 

CHAPTER    113. 
OF   STREET  RAILWAY   COMPANIES 

This  chapter  applies  to  roads  using  the  cable  system.  St.  1886,  c.  337, 
§4. 

Sect.  15.  The  provisions  as  to  increase  of  capital  stock  are  revised  and 
made  more  specific.     St.  1887,  c.  366. 

Sect.  39.  They  may  be  allowed  to  use  the  cable  system.  St.  1886, 
c.  337. 


Table  of  Changes.  693 

Sects.  48  et  seq.  The  authority  for  street  railway  companies  to  run 
over  the  tracks  of  another  street  railway  must  be  approved  by  the  board 
of  railroad  commissioners  after  hearing.     St.  1888,  c.  278. 

CHAPTER    115. 

OF  ASSOCIATIOXS  FOR  CHAUITABLE,  EDUCATIONAL    AND    OTHER 

PURPOSES. 

Provision  is  made  for  the  incorporation  of  labor  or  trade  organizations. 
St.  1888,  c.  134. 

No  association  formed  for  medical  purposes  under  this  chapter  can  confer 
degrees,  and  ofHcers  attempting  to  do  so,  are  punished.     St.  1883,  c.  268. 

Sect.  2.  Relief  societies  may  be  formed  by  the  employees  of  railroads 
and  steamboat  companies.  They  are  subject  to  the  supervision  of  the  rail- 
road commissioners.     St.  1882,  c.  244. 

Railroad  corporations  may  join  these  relief  societies.  The  funds  of  sucli 
societies  are  not  attachable  on  trustee  process  or  otherwise.  St.  188G, 
c.  125. 

Sects.  3,  4,  5.  Corporations  for  life  and  casualty  insurance  on  the 
assessment  plan  may  be  formed.     St.  1885,  c.  183,  §  2. 

Sect.  3.  Corporations  formed  under  this  chapter  may  increase  their 
capital  stock  to  an  amount  not  exceeding  five  hundred  thousand  dollars. 
St.  1888,  c.  177. 

Sects.  8,  9,  10,  11,  12,  which  regulate  benefit  societies,  are  repealed. 
St.  1888,  c.  429,  §  21. 

The  law  as  to  fraternal  beneficiary  organizations  is  revised.  St.  1888, 
c.  429. 

Sect.  8.  Such  coi'porations  may  accumulate  funds  to  assist  the  widows, 
orphans  or  other  relatives  of  deceased  members,  or  anj'  person  dependent 
on  them.     St.  1882,  c.  195,  §  2. 

Sect.  11,  which  provides  for  the  returns  of  benefit  societies,  is  amended 
to  cover  societies  making  payments  for  disabilities,  and  to  make  the  returns 
more  definite.     St.  1882,  c.  195,  §  3. 

No  such  society  can  reinsure  in  or  transfer  its  policies  to  an}'  society  not 
authorized  to  do  business  here.     St.  1882,  c.  195,  §  4. 

CHAPTER   116. 
OF   SAVINGS  BANKS  AND  INSTITUTIONS   FOR   SAYING. 

Receivers  at  the  end  of  one  year  from  their  final  settlement  must  deposit 
all  books  and  papers  with  the  commissioners.     St.  1882,  c.  77. 

The  books  and  papers  of  insolvent  savings  banks  may  be  stored  in  the 
Commonwealth  building.     St.  1884,  c.  72. 

Sect.  2.  The  salary  of  the  commissioners  of  savings  banks  is  raised 
from  $2,800  to  $3,000,  and  the  first  clerk  is  given  $1,500,  and  the  second 
clerk  $900,  instead  of  a  general  allowance  of  $1,600  for  clerk  hire.  Sts. 
1882,  c.  148  ;  1886,  c.  252. 

Sect.  3.  When  the  institution  is  connected  with  a  national  bank  the 
commissioners  shall  if  possible  arrange  with  the  national  bank  examiner  to 
have  their  visits  simultaneous.     St.  1888,  c.  51. 


69 i  Public  Statutes. 

Sect.  14.  Treasurers  must  give  new  bonds  every  five  years.  St.  1886, 
c.  93. 

Sect.  16.  Notice  of  special  meetings  must  be  given,  both  by  publica- 
tion and  by  mailing  notices,  instead  of  in  either  mode,  as  at  present. 
St.  1884,  c.  150. 

Sect.  17.  If  a  member  fails  to  attend  two  consecutive  annual  meet- 
ings, his  membership  shall  be  declared  forfeited.     St.  1888,  c.  120. 

Sect.  18.  A  failure  both  to  attend  meetings  and  to  perform  his  duties 
makes  the  office  of  a  trustee  vacant,  instead  of  either  of  these  things. 
St.  1888,  c.  96. 

Sect.  19.  A  savings  bank  may  receive  or  pay  deposits  only  at  its 
banking-house,  which  must  be  where  the  bank  is  established.  St.  1884, 
c.  253. 

Sect.  20.  The  limit  of  authorized  investments  is  extended.  Sts.  1882, 
c.  231  ;  1883,  c.  134;  1885,  cc.  Ill,  124,  348;  1886,  c  176;  1887,  cc. 
113,  423  ;  1888,  cc.  53,  90,  301. 

"Net  indebtedness"  is  to  be  computed,  excluding  water  loans  and 
crediting  sinking  funds.     St.  1883,  c.  127. 

Only  a  sum  equal  to  thirty-five  per  cent,  of  the  deposits  can  be  invested 
or  held  as  collateral  in  stocks  of  banks,  and  if  more  is  now  held  it  must  be 
reduced  to  that  amount  before  July  1,  1885.     St.  1883,  c.  202. 

Sect.  20,  CI.  3,  is  revised  and  extended.     St.  1887,  c.  196. 

Loans  with  railroad  bonds  as  collateral  may  be  made  to  the  par  value  of 
such  bonds.     St.  1888,  c.  213. 

Sect.  20,  CI.  4.  The  amount  of  the  stock  of  any  one  bank  which  can  be 
held  as  an  investment  or  as  collateral  security  is  limited  to  three  per  cent, 
of  the  deposits.     St.  1882,  c.  224. 

Savings  banks  may  not  deposit  more  than  five  per  cent,  of  their  total 
deposits  in  any  one  bank  or  trust  company,  nor  exceeding  twenty-five  per 
cent,  of  the  capital  stock  and  surplus  of  such  bank  or  trust  company.  St. 
1886,  c.  95. 

Sect.  20,  CI.  6.  The  amount  which  savings  banks  may  lend  on  personal 
security  to  any  person,  firm  or  corporation  is  limited.     St.  1884,  c.  168. 

Such  securities  are  to  be  paid  within  the  year.     St.  1886,  c.  69. 

Sect.  20,  CI.  8.  The  time  for  the  sale  of  real  estate  now  held  by  fore- 
closure is  extended.     Sts.  1882,  c.  200  ;  1883,  c.  52  ;  1886,  c.  77. 

Sects.  13,  21,  22,  23.  The  names  of  the  board  of  investment  must  be 
published  twice  each  year.     St.  1882,  c  50. 

Sect.  27.  The  payment  of  extra  dividends  is  made  permissive  instead 
of  obligatory.     St.  1888,  c.  355. 

Sect.  29.  Savings  bank  orders  may  be  paid  when  presented  within 
thirty  days  after  their  date,  although  the  depositor  has  in  the  mean  time 
died,  and  at  any  time  after,  provided  the  bank  has  not  had  actual  notice  of 
his  death.     St.  1885,  c.  210,  §  2. 

Sect.  34.  During  1889  and  every  third  year  thereafter  books  of  deposit 
must  be  called  in  for  verification.     St.  1888,  c.  40. 

Sects.  40,  41.  A  return  of  all  deposits  unclaimed  for  twent}^  years  is  to 
be  made  to  the  commissioners  and  published.     St.  1887,  c.  319. 

The  form  and  verification  of  the  annual  report  to  the  commissioners  is 
changed.     St.  1888,  c.  127. 


Table  of  Changes.  695 

Sect.  44  is  repealed  and  new  provision  is  made  for  the  payment  of 
unclaimed  dividends  into  the  treasury.  Claims  for  such  dividends  may  be 
made  within  two  years.     St.  1883,  c.  258. 

The  limitation  of  two  years  is  repealed.  Parties  file  their  claim  and 
evidence  with  the  auditor.     St.  1886,  c.  300. 

CHAPTER    117. 
OF   CO-OPERATIVE   SAVING  FUND   AND  LOAN  ASSOCIATIONS. 

Shares  may  be  issued  in  the  name  of  a  minor,  or  a  trustee,  the  name  and 
residence  of  the  beneficiary  being  disclosed.     St.  1887,  216,  §  3. 

Sect.  3.  The  words  "  co-operative  savings  fund  and  loan  association" 
are  changed  to  "  co-operative  bank"  in  the  statute  and  in  the  names  of  all 
associations  existing  or  future.     St.  1883,  c.  98. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
c.  121,  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
c.  216,  §  1. 

Sect.  6.  The  offices  of  secretary  and  treasurer  of  a  co-operative  bank 
may  be  held  by  one  person.     St.  1885,  c.  121,  §  1. 

Sect.  8.  The  mode  of  withdrawing  or  retiring  shares  is  determined  and 
their  value.     St.  1887,  c.  216,  §  2. 

Sect.  9.  Interest  is  allowed  for  all  full  months  from  the  date  of  the 
preceding  adjustment.     St.  1887,  c.  216,  §  5. 

Before  paying  off  matured  shares,  arrears  and  fines  are  to  be  deducted. 
St.  1882,  c.  251,  §  1. 

Sect.  10.  In  lending  money  the  bids  may  be  a  rate  of  interest  not  less 
than  five  per  cent,  instead  of  a  premium.     St.  1882,  c.  251,  §  2. 

Sect.  14.  Partial  payments  of  loans  may  be  made  in  sums  of  fifty  dol- 
lars or  any  multiple  thereof  and  for  each  two  hundred  dollars  paid  a  share 
shall  be  released.     St.  1887,  c.  216,  §  4. 

Sect.  16  is  amended  by  providing  that  the  share  of  a  member  six  months 
in  arrears  may  be  declared  forfeited.  He  is  then  given  credit  for  the  with- 
drawing value  of  his  share,  and  the  balance  is  enforced  against  his  security. 
Sts.  1882,  c.  251,  §  1  ;  1885,  c.  121,  §  4. 

CHAPTER  118a. 
OF   SAFE  DEPOSIT   CORPORATIONS. 

Corporations  for  the  purpose  of  letting  vaults,  safes  and  other  receptacles 
may,  under  certain  formalities,  remove  the  contents  of  such  vaults  where 
the  rent  has  not  been  paid  for  two  years.     St.  1887,  c.  89. 

Provision  is  made  for  the  incorporation  of  safe  deposit,  loan  and  trust 
companies.  Their  organization,  powers,  liabilities  and  duties  are  estab- 
lished. Provision  is  made  for  theii*  taxation  and  their  returns.  St.  1888, 
c.  413. 


696  Public  Statutes. 


CHAPTER  1186/ 
OF  MORTGAGE  LOAN  AND  INVESTMENT  COMPANIES. 

The  business  and  investments  and  the  liability  of  the  stockholders  of 
mortgage  loan  and  investment  companies  is  regulated.  They  must  make 
returns  to  the  savings  bank  commissioners  and  are  examined  by  them.  St. 
1888,  c.  387. 

CHAPTER   119. 

OF   INSURANCE   COMPANIES  AND   INSURANCE. 

The  insurance  law  is  revised  and  codified.     St.  1887,  c.  214. 

Skcts.  2,  3,  4.  The  amount  allowed  for  additional  clerks  and  assistants 
is  changed  from  $7,000  to  such  sum  as  the  general  court  may  appropriate 
each  year.     St.  1888,  c.  84. 

Sects.  21 ,  38.  The  money  or  relief  to  be  paid  by  companies  incorporated 
under  this  act  and  doing  life  or  casualty  insurance  on  the  assessment  plan 
is  not  attachable.     St.  1885,  c.  183,  §   11. 

Sect.  29.  The  capital  stock  of  companies  insuring  mechanics'  tools  may 
be  divided  into  shares  of  the  par  value  of  ten  dollars  each.  St.  1888, 
c.  141. 

Sect.  139.  The  selection  of  arbitrators  under  policies  in  the  standard 
form  is  regulated.     St.  1888,  c.  151. 

Sects.  145  et  seq.  Nothing  in  the  charter  of  any  mutual  life  insurance 
company  shall  limit  its  investments  unless  such  limitation  is  in  the  general 
insurance  laws.     St.  1888,  c  165. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1885,  c.  183. 

Tiie  organization  and  business  of  fraternal  beneficiary  organizations  is 
regulated.  Foreign  corporations  must  appoint  the  commissioner  agent. 
Any  person  who  solicits  membership  for  corporations  not  authorized  to  do 
business  here  may  be  punished.  The  benefits  are  not  held  for  the  debts  of 
the  certificate  holder  or  of  any  beneficiary.     St.  1888,  c.  429. 

Sect.  167.  The  benefit  proAdded  by  companies  formed  under  this  act 
cannot  be  held  for  debts  or  liabilities  of  policy  or  certificate  holders  or 
beneficiaries.     St.  1885,  c.  183,  §  11. 

Sect.  173.  This  section  is  repealed  and  unclaimed  dividends  are  paid 
into  the  treasury.  Claims  for  such  dividends  may  be  made  within  two 
years.     St.  1883,  c.  258. 

The  limitation  of  time  is  repealed.  Claims  and  evidence  may  be  filed 
with  the  auditor.     St.  1886,  c.  300. 

Sect.  185.  False  or  fraudulent  statements  or  repi-esentations  by  any 
solicitor,  agent  or  examining  physician,  are  made  misdemeanors  and  pun- 
ished when  made  with  reference  to  insurance  under  this  act.  St.  1885, 
c.  183,  §  12. 


Table  of  Changes.  697 


CHAPTER  124. 

OF  THE  RIGHTS  OF  A  HUSBAND  IN  THE  REAL  ESTATE  OF  HIS 
DECEASED  WIFE  AND  THE  RIGHTS  OF  A  WIFE  IN  THAT  OF 
HER  DECEASED   HUSBAND. 

Sect.  1.  The  words  "If  his  wife  does  not  otherwise  provide  by  her 
will,"  are  stricken  ont.     St.  1885,  c.  255,  §  2. 

The  husband  takes  the  share  of  his  wife's  real  estate  in  fee,  whether  she 
dies  testate  or  intestate.     St.  1887,  c.  290,  §  1. 

CHAPTER  125. 

OF  THE  DESCENT  OF  REAL  ESTATE. 

Sect.  4.  The  property  of  an  illegitimate  child  descends  to  his  relatives 
through  his  mother  if  she  is  dead.     St.  1882,  c.  132. 

CHAPTER  126. 
GENERAL  PROVISIONS   CONCERNING  REAL  ESTATE. 

Conditions  or  restrictions  affecting  the  title  or  use  of  real  estate  unlimited 
as  to  time  shall  be  construed  as  limited  to  thirty  years,  except  in  gifts  or 
devises  for  public  charitable  or  religious  uses  and  grants  from  the  Com- 
monwealth.    St.  1887,  c.  418. 

Words  importing  a  want  or  failure  of  issue  are  to  be  construed  to  mean 
a  want  or  failure  in  the  life  time  or  at  the  death  of  the  person  referred  to 
and  not  an  indefinite  failure  of  issue,  unless  a  contrary  intention  clearly 
appears  by  the  instrument.     St.  1888,  c.  273. 

Sects.  5,  6.  A  conveyance  to  a  husband  and  wife  no  longer  creates  an 
estate  in  joint  tenancy  without  express  words.     St.  1885,  c.  237. 

CHAPTER  130. 
OF  THE   APPOINTMENT   OF  ADMINISTRATORS. 

Sect.  1.  Administration  may  be  granted  to  one  or  more  of  the  next  of 
kin  when  the  widow  and  all  the  other  next  of  kin  resident  here  and  of  age 
consent.     Notice  may  be  dispensed  with.     St.  1885,  c.  260. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  a  bond  without 
sureties.  If  they  neglect  to  give  a  new  bond  when  required  it  is  a  resigna- 
tion.    St.  1885,  c.  274. 

Sect.  4  is  amended  so  that  if  any  property  or  claim  or  right  thereto  be- 
longs or  accrues  to  such  estate  after  twenty  years,  original  administration 
may  be  granted  on  it.     St.  1885,  c.  242. 

Sects.  10-17.  A  special  administrator,  by  leave  of  the  probate  court, 
may  pay  the  expenses  of  the  executor  in  proving  the  will.     St.  1884,  c.  291. 

chaptp:r  131. 

OF  PUBLIC   ADMINISTRATORS. 

Sect.  18.  Claims  under  this  section  are  limited  to  one  year  after  the 
money  is  deposited.     St.  1883,  c.  264. 


698  Public  Statutes. 


CHAPTER  132. 

GENERAL  PROVISIONS   RELATIVE   TO  EXECUTORS    AND   ADMINIS- 
TRATORS. 

Sect.  1 .  The  giving  of  the  notice  may  be  proved  in  certain  cases  by  the 
affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  c.  148.  St. 
1888,  c.  380. 

Sect.  2.  The  requirement  that  the  notice  shall  be  filed  within  one  year 
is  repealed.     St.  1888,  c.  148. 

CHAPTER  134. 

OF  SALES  AND  MORTGAGES  OF  REAL  ESTATE  BY  EXECUTORS 
AND  ADMINISTRATORS. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale. 
St.  1886,  c.  137. 

Sect.  12.  The  giving  of  the  notice  may  be  proved  in  certain  cases  by 
the  affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  c.  148.  St. 
1888,  c.  380. 

The  requirement  that  the  affidavit  shall  be  filed  within  one  year  is  re- 
pealed.    St.  1888,  c.  148. 

CHAPTER    135. 

OF  ALLOWANCES   TO  WIDOWS   AND   CHILDREN   AND   OF  THE  DIS- 
TRIBUTION OF  THE   ESTATES   OF   INTESTATES. 

Sect.  3,  CI.  3.  The  husband,  instead  of  the  whole,  is  given  one-half  of 
the  personal  estate  of  his  deceased  wife.     St.  1882,  c.  141. 

Sect.  3,  CI.  5.  If  the  intestate  leaves  a  widow  and  no  kindred,  the 
widow  shall  be  entitled  to  the  whole  of  the  residue.     St.  1885,  c.  276. 

CHAPTER   139. 

OF  GUARDIANSHIPS. 

Sects.  1-3.  The  Boston  children's  friend  society  may  be  appointed 
the  guardian  of  minors.     St.  1885,  c  362. 

CHAPTER   140. 

OF  SALES  AND  MORTGAGES  OF  REAL  ESTATE  BY  GUARDIANS. 

Sect.  18.  The  right  to  license  guardians  to  sell  at  private  sale  is  no 
longer  limited  to  undivided  interests.     St.  1885,  c.  258. 

CHAPTER   142. 

GENERAL  PROVISIONS  RELATIVE  TO  SALES,  MORTGAGES,  RE- 
LEASES, COMPROMISES,  ETC.,  BY  EXECUTORS,  ADMINISTRA- 
TORS,  GUARDIANS  AND    TRUSREES. 

Sect.  23.  This  section  is  extended  so  that  any  act  or  proceeding  of  the 
probate  court,  which  it  might  have  done  in  the  first  instance,  may  be  con- 
firmed.    St.  1888,  c.  420. 


Table  of  Changes.  699 


CHAPTER   143. 

GENERAL   PROVISIONS   RELATIVE   TO  BONDS  OF   EXECUTORS,  AD- 
MINISTRATORS,  GUARDIANS   AND   TRUSTEES. 

Sect.  1.  Foreign  fidelity  insurance  companies  may  be  sureties  on  pro- 
bate bonds.     St.  1885,  c.  241. 

Companies  may  be  formed  to  act  as  sureties  on  probate  bonds.  St. 
1884,  c.  296. 

CHAPTER   144. 

OF   THE   ACCOUNTS   AND   SETTLEMENTS   OF    EXECUTORS,   ADMIN- 
ISTRATORS,  GUARDIANS  AND  TRUSTEES. 

Sect.  7.  Money  paid  with  the  approval  of  the  judge  to  any  person  or 
corporation  for  becoming  surety  on  the  bond  may  be  allowed.  St.  1886, 
c.  233. 

Sect.  16.  Legacies  due  to  persons  whose  residence  is  unknown  may  be 
ordered  to  be  deposited  under  this  section.     St.  1885,  c.  376. 

CHAPTER   145. 
OF    MARRIAGE. 

Jurisdiction  of  petitions  for  nullity  is  given  if  the  libellant  has  resided 
here  for  five  years  next  preceding  the  filing  of  the  libel  unless  he  removed 
here  for  the  purpose.     St.  1886,  c.  36. 

Sect.  24.  The  returns  of  marriages  shall  be  pi'eserved,  filed,  arranged 
and  indexed  conveniently  for  examination  and  reference.  St.  1887,  c. 
202,  §  3. 

CHAPTER   146. 

OF  DIVORCE. 

Statistics  as  to  libels  of  divorce  must  be  furnished  by  the  clerks  of  the 
courts  to  the  secretary  of  state,  who  prepares  abstracts  and  tables  for  the 
legislature.     St.  1882,  c.  194. 

The  superior  court  is  given  exclusive  original  jurisdiction  of  all  causes  of 
divorce  and  nullity  and  validity  of  marriage.     St.  1887,  c.  332,  §  1. 

Sect.  1.  Divorce  may  be  decreed  for  absence  which  would  raise  a  pre- 
sumption of  death.     St.  1884,  c.  219. 

Sect.  19.  The  application  for  final  decrees  is  to  be  made,  without 
further  notice,  to  the  court,  or  a  justice  of  it,  instead  of  the  clerk.  St. 
1882,  c.  223. 

Sect.  42.  Whoever  procures  or  assists  in  procuring  any  fraudulent 
divorce  or  divorce  out  of  the  state  for  one  who  is  a  resident,  is  punished. 
St.  1886,  c.  342. 

Sects.  42-44.  Whoever  advertises  the  business  of  procuring  divorces 
is  punished.     St.  1887,  c.  320. 


700  Public  Statutes. 


CHAPTER    147. 
OF   CERTAIN  RIGHTS  AND  LIABILITIES    OF    HUSBAND   AND  WIFE 

A  wife  shall  have  the  right  of  interment  in  any  lot  or  tomb  which  her 
husband  owned  during  coverture,  unless  she  has  released  it.  St.  1883, 
c.  262. 

Sects.  1,6.  A  married  woman  living  separate  by  decree  may  devise  or 
convey  her  property  free  from  all  rights  in  her  husband.  Sts.  1884,  c.  301  ; 
1885,  c.  255. 

Sect.  3.  The  words  "  husband  and  wife  shall  not  transfer  property  to 
each  other"  are  so  changed  that  this  chapter  shall  not  "  authorize"  such 
transfer.  The  change  applies  to  all  transfers  made  since  the  enactment  of 
the  Public  Statutes.     St.  1884,  c.  132. 

Sect.  6.  Where  it  has  been  established  by  decree  that  a  married  woman 
is  deserted  or  living  apart  from  her  husband  for  justifiable  cause,  her  will 
cuts  off  his  rights.     St.  1885,  c.  255. 

The  will  of  the  wife  cannot  deprive  the  husband  of  his  right  to  her  real 
estate  to  the  amount  of  five  thousand  dollars  when  she  leaves  no  issue. 
St.  1887,  c.  290,  §  2. 

Sects.  16  e^  seq.  Provision  is  made  for  the  release  of  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  c.  245. 

Sects.  31,  32,  33,  36.  The  probate  court  shall  have  exclusive  original 
jurisdiction  of  petitions  under  these  sections  and  the  appeal  from  the  pro- 
bate court  shall  be  to  the  superior  court.     St.  1887,  c.  332,  §§  2,  3. 

CHAPTER   148. 
OF   THE   ADOPTION  OF   CHILDREN  AND   THE   CHANGE   OF  NAMES. 

Sects.  12-14.  A  list  of  all  names  changed  by  special  act  or  under  the 
General  or  Public  Statutes  is  to  be  published  and  distributed.  St.  1884, 
c.  249. 

CHAPTER   150. 
OF  THE   SUPREME  JUDICIAL   COURT. 

Sect.  2,  CI.  11.  Double  costs  and  interest  at  twelve  per  cent,  may  be 
given  for  frivolous  appeals  or  exceptions  on  the  motion  of  the  other  party 
or  without  it.     St.  1883,  c.  223,  §  15. 

Sect.  16.  Where  an  appeal  or  exceptions  are  not  entered  the  court 
below  may  affirm  the  judgment.     St.  1888,  c.  94. 

Sects.  21,  22,  23,  25.  The  provisions  for  special  terms  for  capital  cases 
are  repealed.     St.  1886,  c.  339. 

Sect.  31.  The  law  term  for  Worcester  is  hereafter  to  be  held  on  the 
third  Monday  after  the  second  Tuesday  of  September,  instead  of  on  the 
third  Tuesday.     St.  1885,  c.  48. 

Sect.  39.  Justices  of  the  supreme  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  three-fourths  of  the 
salary.     St.  1885,  c.  162. 

Each  of  the  justices  is  allowed  five  hundred  dollars  annually  in  full 
compensation  for  travelling  expenses  in  addition  to  his  salary.  St.  1888, 
c.  274,  §  1. 


Table  of  Changes.  701 


CHAPTER   151. 
OF  THE  SUPREME  JUDICIAL  COURT;   EQUITY  JURISDICTION. 

Sect.  2,  CI.  11.  The  provisions  for  reaching  the  property  of  debtors  are 
extended.  The  debt  may  be  less  than  one  hundred  dollars.  The  interest 
of  a  partner  may  be  reached.     St.  1884,  c.  285. 

Sect.  7.  The  forms  in  equity  are  established.  Suits  in  equity  may  be 
brought  where  transitory  actions  now  are.  No  action  shall  be  defeated 
because  the  form  ought  to  be  law  instead  of  equity,  or  vice  versa.  St.  1883, 
c.  223,  §§  10,  13,  17. 

CHAPTER   152. 
OF   THE   SUPERIOR  COURT. 

Sect.  1.  There  shall  be  thirteen  associate  justices  instead  of  ten  in  the 
superior  court.     Sts.  1886,  c.  31  ;  1888,  c.  58. 

Sect.  3.  The  superior  court  is  given  exclusive  original  jurisdiction  of 
all  causes  of  divorce  and  nullity  or  validity  of  marriage.  St.  1887,  c.  332, 
§1. 

Sect.  4.  General  equity  jurisdiction  is  given  and  the  practice  in  equity 
is  regulated.     St.  1883,  c.  223. 

The  return  day  of  process  is  to  be  computed  from  the  service  and  not 
from  the  date.     St.  1884,  c.  316. 

Sect.  5.  The  superior  court  shall  also  have  jurisdiction  of  certain  ap- 
peals from  the  probate  court.     St.  1887,  c.  332,  §  3. 

Sect.  8.  The  affidavit  and  request  for  removal  may  be  filed  within  thirty 
days  after  the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  17.  Criminal  terms  are  established  at  Taunton  on  the  first  Mon- 
day of  February  and  of  November  and  at  New  Bedford  on  the  first  Monday 
of  June  and  the  civil  term  at  New  Bedford  is  changed  from  June  to  May. 
St.  1888,  c.  314. 

The  number  of  criminal  terms  for  Hampden  is  increased  from  two  to 
three.  They  are  to  be  held  on  the  first  Monday  of  May,  the  fourth  Mon- 
day of  September  and  the  third  Monday  of  December.     St.  1885,  c.  27. 

The  criminal  term  in  Essex  on  the  second  Monday  of  May  is  changed 
to  the  first  Monday.     St.  1885,  c.  191. 

Applications  for  a  jury  for  the  assessment  of  damages  for  land  taken  by 
any  town  in  the  counties  of  Nantucket  or  Dukes  county  may  be  made  to 
the  superior  court  in  Bristol  county.     St.  1887,  c.  50. 

Sect.  18.  The  superior  court  in  Plymouth  may  be  adjourned  to  Brock- 
ton, but  no  longer  to  Bridgewater.     St.  1885,  c.  134. 

Sect.  24,  which  provides  that  no  justice  shall  hold  more  than  four  terms 
iu  any  one  year  for  the  transaction  of  criminal  business  only,  is  repealed. 
St.  1887,  c.  183. 

Sect.  28.  Justices  of  the  superior  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  one-half  of  the 
salary.     St.  1887  c.  420. 


702  Public  Statutes. 

The  salary  of  the  chief  justice  is  raised  from  $4,800  to  $5,500,  and  that 
of  the  associate  justices  from  $4,500  to  $5,000,  with  $500  for  travelling 
expenses  in  each  case.     St   1888,  c.  274,  §  2. 

CHAPTER   153. 

OF  MATTERS   COMMON  TO   THE   SUPREME   JUDICIAL    COURT  AND 
THE   SUPERIOR   COURT. 

Sects.  10,  13.  When  disability  or  death  of  the  justice  prevents  him  from 
sioning  bills  of  exceptions,  they  may  be  proved  as  if  they  had  been  dis- 
alTowed  by  him.     St.  1882,  c.  239. 

CHAPTER    154. 
OF  THE  POLICE,  DISTRICT    AXD  MUNICIPAL   COURTS. 

Sect.  1.  The  session  of  the  district  court  of  Hampshire,  required  by 
St.  1882,  c.  227,  to  be  held  at  Cummington,  is  made  discretionary  with  the 
justice.     St.  1883,  c.  75. 

The  clerk  need  not  attend  except  at  Northampton,  but  makes  his  record 
from  the  minutes  of  the  judge.     St.  1883,  c.  80. 

Sessions  of  the  district  court  of  Northern  Berkshire  are  established  at 
Adams.     St.  1884,  c.  266. 

The  first  district  court  of  Northern  Worcester  shall  be  held  at  Gardner 
and  Athol,  or  either  of  said  towns,  as  public  convenience  may  require, 
instead  of  on  certain  fixed  days.     St.  1888,  c.  212. 

Sect.  2.  For  the  police  court  of  Cambridge  is  substituted  the  third 
district  court  of  Eastern  Middlesex,  including  Cambridge,  Arlington  and 
Belmont.  The  fourth  district  court  of  Eastern  Middlesex  is  established, 
including  Woburn,  Winchester  and  Burlington.     St.  1882,  c.  233. 

Police  courts  are  established  in  Marlborough  and  Brookline.  St.  1882, 
c.  233. 

The  district  court  of  Hampshire  is  established  with  a  district  including 
the  county.     St.  1882,  c.  227. 

The  town  of  Hopkinton  is  taken  from  the  district  of  the  first  district 
court  of  Southern  Middlesex.     St.  1882,  c.  169. 

The  first  district  court  of  Northern  Worcester  is  established.  St.  1884, 
c.  215. 

The  city  of  Brockton  and  the  towns  of  Bridgewater  and  West  Bridge- 
water  are  made  a  district  for  the  police  court  of  Brockton,  with  a  justice  at 
a  salary  of  $1 ,600  and  a  clerk  at  $800.  The  first  district  court  at  Plymouth 
is  abolished  and  its  business  is  transferred  to  the  police  court  of  Brockton. 
St.  1885,  c.  155. 

East  Bridgewater  is  annexed  to  the  district  of  the  police  court  of  Brock- 
ton.    St.  1887,  c.  322. 

The  district  court  of  Western  Hampden  is  established,  including  the 
towns  of  AVestfield,  Chester,  Granville,  Southwick,  Russell,  Blandford, 
Tolland  and  Montgomery.  The  salary  of  the  judge  is  $1,200,  and  of  the 
clerk  $300.     St.  1886,  c.  190. 

The  second  district  court  of  Essex  is  established  with  a  district  including 
Amesbury  and  Merrimac.     St.  1888,  c.  193. 


Table  of  Changes.  703 

The  town  of  Wilmington  is  transferred  from  the  first  to  the  fourth  dis- 
trict court  of  Eastern  Middlesex.     St.  1888,  c.  59. 

Rockport  is  annexed  to  the  district  of  Gloucester.     St.  1888,  c.  249. 
Sects.  4-10.     The  justices  may  interchange  services  as  they  may  find 
convenient.     St.  1885,  c.  132. 

Sect.  5.    The  police  court  of  Chelsea  is  given  a  clerk.    St.  1882,  c.  176. 
And  the  second  district  of  Eastern  Middlesex.     St.  1883,  c.  97. 
And  the  district  court  of  Hampshire.     St.  1883,  c.  80. 
And  the  municipal  court  for  the  Dorchester  district.     St.  1885,  c.  79. 
And  the  police  court  of  Brookline.     St.  1888,  c.  60. 
The  clerkship  of  the  district  court  of  Southern  Berkshire  is  abolished. 
St.  1884,  c.  231. 

The  district  court  of  Southern  Berkshire  is  given  a  clerk  at  a  salary  of 
$200.     St.  1886,  c.  333. 

The  municipal  court  for  the  West  Roxbury  district  is  given  a  clerk  at  a 
salary  of  8500.     St.  1887,  c.  274. 

An  assistant  clerk  is  provided  for  the  municipal  court  of  the  South  Bos- 
ton district  at  a  salary  of  $600.     St.  1887,  c.  327. 

Sect.  11.  The  criminal  jurisdiction  of  police  and  district  courts  is 
extended.  Provision  is  made  for  crimes  committed  near  the  line  of  the 
district.     St.  1885,  c.  322. 

It  is  also  extended  to  cases  under  chapter  57,  relating  to  the  sale  and 
inspection  of  milk.     St.  1885,  c.  149. 

Sect.  16.  This  section,  which  provides  that  writs  from  certain  courts 
may  run  into  other  counties,  is  made  to  appl}'  to  all  district,  police  and 
municipal  courts.     St.  1885,  c.  45. 

Sects.  18,  19.  Municipal,  district  and  police  courts  are  given  concur- 
rent jurisdiction  with  the  superior  court  over  assaults  with  a  dangerous 
weapon,  indecent  exposure  and  unlicensed  theatrical  exhibitions,  shows 
and  masked  balls,  and  malicious  injuries  to  personal  property  where  the 
value  of  the  property  is  less  than-one  hundred  dollars.     St.  1887,  c.  293. 

Sect.  25.  When  no  justice  is  present  at  a  police  or  district  court  the 
sheriff  or  his  deputy  may  adjourn  it.     St.  1884,  c  188. 

Sect.  26.  Special  justices  of  the  district  of  Hampshire  are  allowed  their 
travelling  expenses,  not  exceeding  one  hundred  dollars.  St.  1884,  c.  205. 
Sect.  29.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks  as  nearly  uniform  as  may  be  to  be  printed  for  the  sev- 
eral trial  justices  and  police  and  district  courts  in  criminal  cases,  except  the 
East  Boston  district  court  and  the  Chelsea  police  court.  St.  1888,  c.  285. 
Sect.  30.  Process  is  to  bear  the  teste  of  the  first  justice  who  is  not  a 
party.     St.  1888,  c  415. 

Sect.  34,  which  requires  the  justice  to  examine  the  accounts  of  the 
clerk,  is  repealed,  that  duty  being  now  performed  by  the  controller  of 
accounts.     St.  1887,  c.  438,  §  8. 

Sect.  36.  This  section  is  amended  to  require  the  witness  fees  to  be 
paid  in  criminal  proceedings  and  inquests  at  the  termination  of  the  trial, 
an  advance  being  made  by  the  county  treasurer  if  necessary.  It  applies  to 
all  the  lower  courts  except  the  municipal  court  of  Boston.  St.  1888,  c.  180. 
Sect.  39.  Section  52  of  this  chapter  requiring  a  bond  instead  of  a  recog- 
nizance is  extended  to  the  other  municipal,  police  and  district  courts.  St. 
1882,  c.  95. 


704 


Public  Statutes. 


Sect.  42.  The  justices  of  the  several  municipal  courts  of  Boston  may 
act  for  each  other  in  certain  cases.     St.  1882,  c.  43. 

Winthrop  is  added  to  the  East  Boston  district.     St.  1882,  c.  146. 

The  municipal  court  of  the  East  Boston  district  is  abolished,  and  the 
East  Boston  district  court  substituted  ;  the  town  of  Winthrop  being  added 
to  the  district.     The  new  court  has  a  clerk.     St.  1886,  c.  15. 

Sect.  55.  The  number  of  associate  justices  shall  be  four.  Sts.  1882, 
c.  41  ;  1888  c.  419,  §  11. 

Sect,  58.  The  clerk  of  the  municipal  court  in  Boston  for  criminal  busi- 
ness is  paid  $1,900  instead  of  $1,600  to  be  expended  for  extra  clerical 
assistance.     St.  1883,  c.  47. 

The  clerk  of  the  municipal  court  of  Boston  for  civil  business  shall  be 
paid  one  thousand  dollars  in  addition  to  the  amount  which  he  now  receives. 
St.  1888,  c.  419,  §  13. 

A  second  assistant  to  the  clerk  for  civil  business  at  a  salary  of  $1 ,600  per 
year  may  be  appointed.     St.  1885,  c.  42,  §  2. 

A  fifth  assistant  clerk  may  be  appointed.     St.  1885,  c.  137. 

Sect.  62.  An  additional  session  may  be  held  by  the  special  justice 
when  requested  by  the  chief  or  senior  justice,  he  receiving  $10  per  day 
therefor.     St.  1885,  c.  42. 

Sect.  64.     The  salaries  of  the  justices  are  increased  as  follows  : 


From 

To 

Central  Berkshire,  1887,  c.  190,     . 

f  1,200 

$1,600 

Northern  Berkshire,  1887,  c.  61,    . 

1,000 

1,200 

Southern  Berkshire,  1884,  c.  231,  . 

800 

1,200 

Boston,  1887,  e.  163,  Chief,    . 

3,000 

4,300 

"          "          "      Associate, 

3,000 

4,000 

Brighton,  1885,  c.  49,     . 

1,200 

1,600 

Brockton,  1885,  c.  155,  .... 

- 

1,600 

Brookline,  1882,  c.  233,  . 

- 

800 

Brookline,  1884,  c.  211,  . 

800 

1,000 

Dorchester,  1885,  c.  79 

1,200 

1,600 

East  Boston,  1882,  c.  245  ;  1886,  c.  15,  . 

1,200 

1,800 

First  Bristol,  1884,  c.  220,      .... 

600 

800 

First  Essex,  1882,  c.  245,        .... 

1,600 

1,800 

Second  Essex,  1888,  c.  193 

- 

1,200 

Table  of  Changes. 

Justices'  Salatjies  —  Concluded. 


705 


Fitchburg,  1882,  c.  245, 

Gloucester,  1888,  c.  234, 

Western  Hampden,  1886,  c.  190,   . 

Hampshire,  1882,  c.  227, 

Haverhill,  1882,  c.  245,  . 

Holyoke,  1886,  c.  151,    . 

Lawrence,  1888,  c.  110,  . 

Lowell,  1886,  c.  307, 

Lynn,  1886,  c.  154, 

Marlborough,  1882,  c.  233, 

First  Eastern  Middlesex,  1882,  c.  245  ;  1886 

Second  Eastern  Middlesex,  1886,  c.  123, 

Third  Eastern  Middlesex,  1882,  c.  233, 

Fourth  Eastern  Middlesex,  1882,  c.  233, 

Newburyport,  1882,  c.  245,    . 

Somerville,  1882,  c.  245  ;  1887,  c.  180, 

South  Boston,  1882,  c.  245,     . 

Springfield,  1887,  c.  171, 

West  Roxbury,  1883,  c.  Ill,  . 

Central  Worcester,  1888,  c.  50,      . 

First  Eastern  Worcester,  1884,  c.  208, 

Second  Eastern  Worcester,  1882,  c.  245, 

First  Northern  Woi'cester,  1884,  c.  215, 

Second  Southern  Worcester,  1888,  c.  173, 

Third  Southern  Worcester,  1882,  c.  245, 


c.  166 


From 

g  1,000 
1,400 


1,400 
1,500 
1,800 
1,800 
1,600 

1,200 
1,200 


700 
1,2C0 
1,800 
1,800 
1,200 
2,500 
800 
800 

1,200 
1,400 


To 

#1,200 
1,600 
1,200 
2,800 
1,800 
1,800 
2,000 
2,300 
1,800 
1,000 
1,800 
1,500 
2,200 
1,200 
1,200 
1,500 
2,000 
2,000 
1,600 
3,000 
1,000 
1,000 
1,200 
1,400 
1,600 


The  salary  of  the  justice  of  the  district  court  of  Hampshire  is  reduced 
from  $2,800  to  $2,300,  he  being  given  a  clerk.     St.  1883,  c  75. 


706  Public  Statutes. 

The  salaries  of  the  clerks  are  increased  as  follows  : 


From 

To 

Central  Bei-kshire,  1882,  c.  245, 

$600 

1800 

Northern  Berkshire,  1887,  c.  61 ;  1888,  c.  89, 

500 

800 

Southern  Berkshire,  1886,  c.  333  ;  1887,  c.  227,     . 

- 

500 

Boston,  Civil,  1882,  c.  245, 

2,250 

3,000 

Boston,  Criminal,  1885,  c.  137,       ..... 

2,250 

3,000 

Boston,  Assistant  Criminal,  1885,  c.  137, 

- 

1,400 

Brockton,  1885,  c.  155,   .         .                 .... 

- 

800 

Erookline,  1888,  c.  60, 

- 

500 

Charlestown,  1887,  c.  175, 

1,200 

1,300 

Chelsea,  1882,  c.  176  ;  1884,  c.  197  ;  1887,  c.  117, 

- 

1,000 

Dorchester,  1885,  c.  79;  1886,  c.  124 

- 

900 

East  Boston,  1882,  e.  245 ;  1886,  c.  15,  . 

1,000 

1,400 

First  Essex,  1882,  c.  246, 

1,000 

1,300 

Fitchburg,  1882,  c.  245, 

500 

700 

Gloucester,  1883,  c.  53  ;  1888,  c.  235,     .... 

600 

1,000 

Western  Hampden,  1886,  c.  190 ;  1888,  e.  88, 

- 

500 

Hampshire,  1883,  c.  80 ;  1886,  c.  106 

- 

1,000 

Haverhill,  1882,  c.  245;  1888,  c.  55,       .         .         .         . 

600 

1,000 

Ilolyoke,  1884,  c.  65;  1887,  c.  318,         .         .         .         . 

750 

1,350 

Lawrence,  1887,  c.  208, 

1,000 

1,200 

Lowell,  1882,  c.  63  ;  1886,  c.  307, 

1,000 

1,800 

Marlborough,  1882,  c.  233, 

- 

400 

First  Eastern  Middlesex,  1882,  c.  87  ;  1886,  c.  167, 

800 

1,300 

Second  Eastern  Middlesex,  1883,  c.  97  ;    1885,  c.  180 ; 

1888,  c.  233, 

400 

700 

Third  Eastern  Middlesex,  1882,  c.  233 ;  1886,  c.  165,   . 

- 

1,400 

Fourth  Eastern  Middlesex,  1882,  e.  233  ;  1887,  c.  174, . 

- 

800 

Table  of  Changes. 


707 


Clerks'  Salaries  —  Concluded. 


.  First  Northern  Middlesex,  1888,  c.  214, 
First  Southern  Middlesex,  1886,  c.  156, 
Newburyport,  1882,  c.  245,    . 
Newton,  1886,  c.  158,     .... 
Eastern  Norfolk,  1888,  c.  54, 
First  Plymouth,  1883,  c.  57,  . 
Somerville,  1882,  c.  245  ;  1887,  c.  265,  . 
South  Boston,  1882,  e.  245,     . 

Assistant,  1887,  c.  327,    . 
Springfield,  1886,  c.  155, 
West  Roxbury,  1887,  c.  274,  . 
Central  Worcester,  Assistant,  1882,  c.  245, 
Second  Eastern  Worcester,  1882,  c.  245, 
First  Northern  Worcester,  1884,  c.  215, 
First  Northern  Worcester,  1885,  c.  286, 


Of  the  constables 


Boston,  Civil  (2),  1882,  c.  245  ;  1886,  c.  130, 

Boston,  Criminal   (6),  1882,   c.   245;    1886,   c.   130 
1888,  c.  195,     . 

Brighton,  1886,  c.  148,   . 

Charlestown,  1886,  c.  136, 

East  Boston,  1882,  c.  245, 

South  Boston,  1882,  c.  245, 

Roxbury,  1882,  c.  245,    . 

West  Roxbury,  1886,  c.  148, 


600 
600 
500 
600 
500 
600 
1,200 

1,000 

800 
400 

600 


To 

f600 
800 
700 
700 
700 
600 

1,000 

1,400 
600 

1,200 
500 

1,000 
500 
600 
800 


To 

$1,200 

1,500 
1,000 
1,000 
1,100 
1,100 
1,100 
1,000 


708  Public  Statutes. 

The  clerk  of  the  fourth  district  court  of  Plymouth  is  allowed  his  travel- 
ling expenses  not  exceeding  one  hundred  dollars.     St.  1884,  c.  204. 

The  clerks  of  the  Lowell  police  court  and  of  the  central  district  court  of 
Worcester  are  allowed  not  exceeding  five  hundred  dollars  for  extra  clerical 
assistance.     St.  1888,  cc.  184,  246. 

Clerks  pro  tempore  of  municipal,  police  and  district  courts  shall  receive 
pay  at  the  sam-e  rate  as  the  permanent  clerk,  fourteen  days  being  paid  by 
the  county  and  any  excess  by  the  clerk.     St.  1888,  c.  352. 

CHAPTER  155. 
OF   JUSTICES   OF   THE   PEACE  AND   TRIAL  JUSTICES. 

Skct.  3,  which  authorizes  them  to  summon  witnesses,  is  redrawn.  St. 
1885,  c.  141. 

Sect.  4.  The  power  of  justices  authorized  to  issue  warrants  is  modified. 
St.  1884,  c.  286. 

Sects.  7-11.  Provision  is  made  for  the  preservation  of  the  dockets, 
records  and  other  official  papers  of  trial  justices.     St.  1888,  c.  211. 

Sect,  28.  The  appeal  now  runs  to  the  return  day.  St.  1885,  c.  384, 
§5. 

^ects.  43-66.  Trial  justices  have  the  same  jurisdiction  to  sentence  male 
persons  to  the  Massachusetts  reformatory  which  district  courts  have.  St. 
1885,  c.  356. 

They  shall  have  jurisdiction  of  cases  under  chapter  57  relating  to  the 
sale  and  inspection  of  milk.     St.  1885,  c.  149. 

Sect.  49.  Trial  justices  may  not  commit  children  under  twelve  to  a  jail, 
house  of  correction,  house  of  industry  or  state  workhouse,  except  for 
offences  punishable  by  imprisonment  for  life.     St.  1882,  c.  127,  §  1. 

Sect.  69.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks,  as  nearly  uniform  as  may  be,  to  be  printed  for  the  use 
of  trial  justices  and  police  and  district  courts  in  criminal  cases,  except  the 
East  Boston  district  court  and  the  Chelsea  police  court.     St.  1888,  c.  285. 

Sect.  78  is  repealed.  Trial  justices  must  pay  over  money  in  their  hands 
four  times  a  year  and  make  returns  to  the  controller  of  accounts.  St.  1887, 
c.  438. 

CHAPTER  156. 
OF  PROBATE   COUTITS. 

Any  act  or  proceeding  of  the  probate  court  which  it  had  power  to  do  in 
the  first  instance  may  be  confirmed.     St.  1888,  c.  420. 

Sect.  2.  The  probate  court  is  given  exclusive  original  jurisdiction  of 
petitions  of  married  women  concerning  their  separate  estate,  and  of  peti- 
tions under  chapter  147  concerning  the  care,  custody,  education  and  main- 
tenance of  minors.     St.  1887,  c.  332,  §  2. 

Sects.  7,  8.  The  provisions  as  to  the  mode  of  entering  appeals  and 
giving  notice  are  revised.     St.  1888,  c.  290,  §§  1,  2. 

Appeals  from  different  accounts  may  be  entered  as  one  or  ma}'  be  con- 
solidated and  treated  as  one  by  the  court.     St.  1888,  c.  290. 


Table  of  Cha:n^ges.  709 

Sects.  22,  23.  The  probate  judge  in  Suffolk  may  appoint  a  constable  of 
the  citv  of  Boston  to  attend  his  court  and  serve  orders  and  precepts. 
His  salary  is  $1,200.     St.  1884,  c.  140. 

His  salary  is  increased  from  $1,200  to  $1,300.     St.  1887,  c.  In6. 

Sect.  35.  In  probate  cases  expenses  as  well  as  costs  may  be  awarded. 
St.  1884,  c.  131. 

Sect.  44.  The  limit  of  expense  of  recording  probate  proceedings  in 
Suffolk  is  raised  from  $1,200  to  $2,800.     Sts.  1884,  c.  118  ;  1887,  c.  217. 

Sect.  48.  AYhen  the  regular  term  falls  on  a  legal  holiday  or  on  election 
day  it  shall  be  held  on  the  day  after,  and  notices  to  the  regular  term  shall 
be  deemed  to  be  then  returnable.     St.  1884,  c.  141. 

In  Hampden  the  court  day  is  changed  from  Tuesday  to  Wednesday,  and 
a  session  at  Springfield  in  November  is  added,  and  four  days  are  given  to 
Holyoke.     St.  1884,  c.  294. 

Four  sessions  of  the  probate  court  in  Hampshire  are  to  be  held  at  Ware. 
St.  1886,  c.  145. 

The  session  for  the  county  of  Plymouth  held  on  the  fourth  Monday  of 
August  is  transferred  from  Middleborough  to  Wareham.     St.  1887,  c.  63. 

A  session  is  to  be  held  at  Orange  for  the  county  of  Franklin  on  the  fourth 
Tuesday  of  September.     St.  1887,  c.  46. 

CHAPITER   157. 
OF   COURTS   OF  INSOLVENCY. 

Provision  is  made  for  composition  with  creditors.  It  does  not  apply  to 
corporations.     St.  1884,  c.  236. 

The  provisions  as  to  composition  with  creditors  are  amended.  St.  1885, 
c.  353. 

Special  judgments  may  be  entered  in  cases  where  composition  proceed- 
ings are  had.     St   1888,  c.  405. 

Sect.  19.  If  the  schedules  by  accident  or  mistake  are  not  delivered 
within  the  three  days,  they  may  be  afterwards.  Delay  or  omission  without 
fault  of  the  debtor  does  not  affect  his  right  to  a  discharge.  St.  1886, 
c.  290. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  c.  293. 

Sects.  36-91.  The  appeal  is  to  be  entered  at  the  next  return  day.  St. 
1885,  c.  384,  §  5. 

Sect.  46.  Voluntary  assignments  are  made  valid  against  the  assignee 
in  certain  cases.     St.  1887,  c.  340. 

The  trustees  in  voluntary  assignments  must  at  once  give  notice  to  all 
known  creditors.     St.  1887,  c.  340,  §  2. 

A  mortgage  recorded  more  than  four  months  after  its  date  is  not  valid 
against  the  assignee  of  the  moi'tgagor  appointed  in  proceedings  begun 
after  its  date  and  within  one  3'ear  after  the  recording  thereof.  St.  1888, 
c.  393. 

Sect.  80.  The  delay  or  omission  to  deliver  the  schedule  of  creditors  if 
without  fault  of  the  debtor  does  not  prevent  his  discharge.  St.  1886, 
c.  290. 

Special  judgments  may  be  entered  where  property  is  held  by  attachment, 


710  Public  Statutes. 

and  if  the  discharge  is  not  granted  or  is  not  seasonably  asked  for  scire 
facias  may  issue  for  the  remainder  of  the  debt.     St.  1885,  c.  59. 

Sect.  84.  No  debt  or  chiim  against  a  pledgee  created  by  an  unauthor- 
ized sale  of  the  collateral  shall  be  discharged.     St.  1885,  c.  353,  §  6. 

Sect.  93  is  amended  by  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  1886,  c.  322. 

Sect.  99.  If  the  debtor  is  absent  or  does  not  apply  for  an  allowance  it 
may  be  made  to  his  wife  or  minor  children.     St.  1888,  c.  67. 

Sect.  102.  Accounts  of  assignees  in  insolvency  must  be  sworn  to  by 
the  assignees  or  one  of  them.     St.  1884,  c.  126. 

Sect.  103.  Provision  is  made  for  the  investment  of  unclaimed  dividends 
in  the  name  of  the  judge.     St.  1883,  c.  242. 

CHAPTER  158. 
OF  JUDGES  AND  REGISTERS  OF  PROBATE    AND  INSOLVENCY. 

Sect.  23.  The  salary  of  the  judge  in  Middlesex  is  raised  from  $2,500 
to  $3,500.     Sts.  1882,  c.  129  ;  1886,  c.  184. 

In  Essex,  from  $2,500  to  $3,500.  Sts.  1883,  c.  244  ;  1888,  c.  112.  In 
Bristol,  from  $1,800  to  $2,000.  St.  1885,  c.  165.  In  Worcester,  from 
$2,500  to  $3,000.  St.  1885,  c.  275.  In  Dukes  countv,  from  $.500  to  $600. 
St.  1885,  c.  318.  In  Suffolk,  from  $4,000  to  $5,000.  St.  1885,  c.  203. 
In  Plymouth,  from  $1,500  to  $2,000.  St.  1886,  c.  183.  In  Hampden, 
from  $2,000  to  $2,500.  St.  1886,  c.  189.  In  Barnstable,  from  $1,000  to 
$1,200.  St.  1887,  c.  166.  In  Norfolk,  from  $2,000  to  $2,500.  St.  1887, 
c.  72. 

Of  the  judge  and  register  of  probate  for  Berkshire  respectively,  from 
$1,200  to  $1,600.     St.  1884,  c.  192. 

Of  the  assistant  register  in  Suffolk,  from  $1,500  to  $2,000.  St.  1882, 
c.  144.  In  Essex,  from  $1,500  to  $1,800.  St.  1887,  c.  273.  In  Middle- 
sex, from  $1,500  to  $1,800.  St.  1887,  c.  259.  In  Worcester,  from  $1,500 
to  $1,800.     St.  1888,  c.  152. 

Of  the  register  in  Hampden  county,  from  $1,600  to  $1,800.  St.  1884, 
c.  248. 

Sects.  23,  24.  A  sum  not  exceeding  $1,500  additional  is  allowed  for 
clerical  assistance  in  Middlesex  county.  St-  1885,  c.  304.  In  Worcester, 
$800.  St.  1887,  c.  39.  In  Suffolk,  $1,800.  Sts.  1885,  c.  205  ;  1888, 
0.  280.     In  Essex,  $1,000.     St.  1886,  c.  114. 

Sect.  24.     This  section  shall  not  apply  to  Suffolk.     St.  1885,  c.  205. 

CHAPTER  159. 

OF  CLERKS,  ATTORNEYS  AND  OTHER  OFFICERS  OF  JUDICIAL 

COURTS. 

Clerks  of  the  superior  court  and  of  the  municipal  court  of  Boston  may 
use  a  fac-simile  of  their  signatures  upon  writs,  summons,  orders  of  no- 
tice to  appear  and  orders  of  attachment,  except  executions.  St.  1885, 
c.  321. 

Sects.  8,  9.  A  third  assistant  clerk  of  the  superior  court  civil  session 
in  Suffolk  is  to  be  appointed  at  salary  of  $2,500.     St.  1888,  c.  153. 


Table  of  Changes.  711 

Sect.  27.  The  clerks  need  not  render  an  account  of  tbeir  fees  to  the 
county  treasurer  in  January.     St.  1888,  c.  257,  §  9. 

Sects.  28-30.  The  sahiries  of  the  clerks  of  the  courts  in  the  counties 
are  established,  and  are  to  be  paid  by  the  county  treasurer  and  shall  be  in 
full  for  all  services  performed  by  them.     St.  1888,  c.  207,  §§  1,2. 

Sects.  28,  29.  The  clerk  of  the  supreme  judicial  court  for  the  county  of 
Suffolk  is  given  a  salary  of  $5,000  and  must  pay  over  all  fees.  He  shall  act 
as  clerk  for  the  court  when  sitting  in  Boston  for  cases  from  other  counties, 
except  when  sitting  as  a  full  court,  and  for  this  receives  $1,500.  St.  1887, 
c.  291. 

The  books  and  accounts  of  the  clerks  are  determined.  St.  1888, 
c.  257,  §  4. 

Sect.  31.  The  salary  of  the  first  assistant  clerk  of  the  superior  court 
for  civil  business  in  the  county  of  Suffolk  is  raised  from  $2,500  to  $2,600. 
St.  1887,  c.  199. 

The  salary  of  the  second  assistant  clerk  for  civil  business  is  raised  from 
$2,000  to  $2,500.     St.  1885,  c.  250. 

Sect.  34.  The  provisions  relating  to  the  qualification  and  admission  to 
practice  of  attorneys-at-law  apply  to  women.     St.  1882,  c.  139. 

The  fee  for  admission  to  the  bar  shall  be  five  dollars.    St.  1888,  c.  257,  §  5. 

Sect.  44.  The  clause  forbidding  any  person  to  appear  as  counsel  or 
attorney  in  any  suit  determined  by  him  as  judge  or  trial  justice  is  extended 
to  any  proceeding,  civil  or  criminal.     St.  1884,  c.  170. 

Sect.  50.  The  compensation  of  masters  and  special  masters  in  chancery 
and  of  assessors  appointed  by  the  court  is  paid  by  the  county.  St.  1883, 
c.  216.     And  also  of  referees.     St.  1886,  c.  51. 

They  have  no  fees  unless  their  report  is  filed  within  ninety  days.  St. 
1888,  c.  2«2. 

And  also  the  fees  of  arbitrators  under  chapter  188  upon  whose  awards 
judgment  is  entered.     St.  1887,  c.  289. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  shall  be  one  dollar.  St. 
1888,  c.  257,  §  5. 

They  have  no  fees  unless  their  report  is  filed  within  ninety  days.  St. 
1888,  c.  282. 

Sect.  67.  The  number  of  officers  for  each  session  held  without  juries 
is  increased  from  two  to  three.  The  officers  appointed  under  tliis  section 
shall  have  the  power  to  serve  venires  for  jurors  and  the  processes  of  said 
court,  being  paid  their  actual  expenses.  They  shall  give  bond.  St.  188«, 
c.  357. 

Sect.  68.  Deputies  in  attendance  on  the  supreme  judicial  court  in 
Suffolk,  not  exceeding  four  in  number,  are  paid  a  salary  of  $1,700  instead 
of  $4.50  per  day  and  travel.     Sts.  1882,  c.  232  ;  1886,  c.  37. 

Officers  in  attendance  upon  the  probate  courts  or  courts  of  insolvency 
are  included  in  this  section  and  paid  $4.00  per  day  and  travel.  St.  1887, 
c.  243. 

Additional  offlcei's  are  paid  for  travel  and  service  actually  performed. 
St.  1882,  c.  232. 

Sect.  69,  Officers  attending  the  superior  court  are  paid  $1,500  instead 
of  $1,400  as  before.     St.  1882,  c.  245,  §  3. 


712  Public  Statutes. 

The  deputy  sheriffs  and  constables  in  attendance  at  the  superior  court  in 
Suffolk  shall  wear  uniforms  for  which  they  are  allowed  one  hundred  dollars 
annually.     St.  1888,  c.  371. 

Officers  and  messengers  of  the  superior  court  in  Suffolk  are  to  be  paid 
$1,700  instead  of  $1,400.     St.  1886,  c.  37. 

The  superior  court  may  appoint  official  stenographers  in  each  county. 
Their  duties  are  defined.     They  may  be  removed.     St.  1885,  c.  291. 

The  fees  of  the  official  stenographers  are  increased.     St.  1887,  c  74. 

The  provision  for  stenographers  in  Suffolk  is  revised.     St.  1887,  c.  24. 

CHAPTER  160. 

SPECIAL  PROVISIONS  RESPECTING  COURTS  AND  THE  .ADMINISTRA- 
TION OF  JUSTICE. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open  on 
the  day  following.     St.  1882,  c.  49. 

The  fiist  Monday  of  September,  laboi-'s  holiday,  is  made  a  legal  holiday. 
St.  1887,  c.  263. 

Skcts.  8-10.  The  laws  as  to  naturalization  are  revised  and  jurisdiction 
given  to  tlie  lower  courts.     St.  1885,  c.  345. 

If  the  applicant  for  naturalization  does  not  live  in  the  district  of  any 
police,  municipal  or  district  court,  he  may  apply  to  the  court  held  nearest 
to  the  town  in  which  he  resides.     St.  1886,  c  203. 

S^:CT.  9.  This  section  is  repealed.  Primary  declarations  may  be  filed 
at  any  time,  and  the  oath  administered  at  the  time  of  filing.  St.  1886, 
c.  45. 

The  returns  of  naturalizations  made  to  the  secretary  need  not  be  printed. 
St.  1887,  c.  36. 

CHAPTER    161. 

OF    THE    COMMENCEMENT    OF    ACTIONS    AND    THE     SERVICE     OF 

PROCESS. 

Sect.  1.  The  venue  of  equity  suits  is  the  same  as  that  of  transitory 
actions.     St.  1883,  c.  223,  §  13. 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  are  given  power 
in  certain  cases  to  change  the  venue  of  actions.     St.  1887,  c.  347. 

Sect.  10.  The  motion  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  13.  A  fac-simile  of  the  clerk's  signature  may  be  used  on  writs 
and  oi'ders,  except  executions.     St.  1886,  c.  13. 

Sects.  IS  et  seq.  Justices  of  the  supreme  or  superior  courts  may  order 
writs  or  other  process  to  be  issued  by  the  clerk  of  the  county  where  he  is 
sitting,  instead  of  by  the  clerk  of  that  in  which  the  cause  is  pending.  St. 
1886,  c.  223. 

Sect.  23.  Writs  are  to  be  made  returnable  on  the  first  Monday  of  each 
month,  terms  being  aWished.     St.  1885,  c.  384,  §§  1,  2. 

Sect.  27.  Writs  run  to  a  return  day  instead  of  a  term.  St.  1885,  c. 
384,  §  5. 

Sects.  122  etseq.  Bonds  to  dissolve  attachments  must  contain  an  addi- 
tional provision  for  special  judgments  in  cases  of  composition.  St.  1888, 
c.  405. 


Table  of  Changes.  713 


CHAPTER   162. 
OF   ARREST,  IMPRISONMENT  AND   DISCHARGE. 

Sects.  17,  18,  25,  27,  28,  31,  34,  54.  Courts  of  record  or  police,  dis- 
trict or  municipal  courts  or,  except  in  the  county  of  Suffolk,  trial  justices 
are  given  exclusive  jurisdiction  of  poor  debtor  proceedings,  except  that 
masters  in  chancery  and  commissioners  may  take  recognizances.  St.  1888, 
c.  419. 

Sects.  18-20.  The  same  steps  of  notice  and  examination  must  l)e  had 
where  the  other  charges  in  section  17  are  made  which  are  now  provided  for 
the  first  charge.     St.  1887,  c.  442,  §§1,2. 

Sect.  20.  Certain  transfers  of  property  after  the  service  of  the  notice 
and  pending  the  proceedings  thereon  are  a  contempt  of  court.  St.  1888, 
c.  419,  §  3. 

Sects.  27  et  seg.  There  shall  be  no  unreasonable  delay  in  acting  on  the 
part  of  the  court.  No  appeal  is  allowed  except  as  provided  in  this  chapter. 
St.  1888,  c.  419,  §  12. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disability  of  the  magistrate  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  c.  442,  §§  3,  4. 

Sect.  33.  Where  a  discharge  is  refused  no  new  notice  or  application 
can  be  made  until  the  expiration  of  seven  days  from  the  hour  of  such 
refusal.     St.  1888,  c.  419,  §  8. 

Sect.  68.  The  fees  are  changed  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.     St.  1888,  c.  419,  §  13. 

CHAPTER    163. 
OF  BAIL. 

Sect.  12.  The  bail  is  also  discharged  on  paying  costs  if  the  principal 
dies.     St.  1884,  c.  260. 

CHAPTER   164.  ^ 

OF    PROCEEDINGS    AGAINST     ABSENT     DEFENDANTS     AND     UPON 
INSUFFICIENT   SERVICE. 

Sect.  6.  When  real  estate  of  a  non-resident  is  attached  notice  must  be 
given  him  within  one  year  or  the  suit  must  be  dismissed.     St.  1884,  c.  268. 

Sect.  7.  A  default  is  entered  on  failure  to  appear  within  ten  days  after 
the  day  specified  in  the  notice.     St.  1885,  c.  384,  §  8. 

CHAPTER    167. 
OF  PLEADING   AND   PRACTICE. 

Terms  of  the  courts  are  abolished,  but  sittings  shall  be  held  when  and 
where  the  terras  are  now  appointed.  The  courts  are  always  open.  Return 
days  for  writs  and  other  ])rocesses  are  established  on  the  first  Monday  of 
every  month.  The  practice  of  the  courts  is  adapted  to  these  changes. 
St.  1885,  c.  384. 

All  civil  actions  except  replevin  may  be  begun  by  bill  or  petition  and 
such  relief  may  be  given  as  the  case  requires.     St.  1887,  c.  383. 


714  Public  Statutes. 

Claimants  may  be  summoned  in  and  the  parties  required  to  interplead. 
St.  1886,  c.  281. 

Sect.  9.  Instead  of  the  failure  to  file  declaration  being  a  discontinuance, 
the  action  may  be  dismissed  on  motion.     St.  1885,  c.  384,  §  6. 

Skct.  17.  Any  matter  which  in  equity  would  entitle  the  defendant  to 
be  absolutely  relieved  from  the  plaintiff's  claim  may  be  alleged.  St.  1883, 
c.  223,  §  14. 

Sect.  24.  Equitable  defences  may  be  relied  on  in  reply  to  the  defend- 
ant's answer.     St.  1883,  c.  223,  §  14. 

Sect.  43,  The  superior  court  retains  jurisdiction  although  the  action 
may  be  changed  to  equity.     St.  1883,  c.  223,  §  17. 

Sects.  46,  47  are  repealed  and  new  provisions  as  to  defaults  are  substi- 
tuted.    St.  188,5,  c.  384. 

Sect.  67.  When  there  are  two  or  more  shire  towns  the  shire  town  at 
which  an  action  shall  be  tried  may  be  designated  at  the  term  of  entry  and 
then  it  shall  not  be  tried  elsewhere  nor  costs  given  for  terms  held  elsewhere. 
St.  1882,  c.  264. 

The  parties  may  agree  that  an  action  shall  not  be  tried  before  a  certain 
day.     St.  1884,  c.  304. 

Sect.  90.  Police  courts  also  may  order  the  defendant  to  file  an  answer. 
St.  1886,  c.  64. 

CHAPTER   169. 

OF  WITNESSES   AND   EVIDENCE. 

Sect.  1.  Every  clerk  of  a  court  of  recoi'd  may  issue  subpoenas  in  all 
cases,  but  a  justice  of  the  peace  only  in  civil  cases,  unless  requested  by  the 
prosecuting  officer  or  the  party  prosecuted,  and  in  the  latter  case  it  must  be 
expressed  in  the  subpoena.    St.  1884,  c.  247,  is  repealed.    St.  1885,  c.  141. 

Sects.  7,  8.  The  board  of  police  commissioners  is  added  to  the  bodies 
which  may  call  witnesses  before  them,  and  if  they  do  not  attend,  the  chair- 
man may  issue  a  warrant.     St.  1882,  c.  267. 

Justices  of  the  supreme  or  superior  courts  may  compel  witnesses  to  ap- 
pear before  special  tribunals  which  have  power  to  summon  but  not  to  com- 
pel their  attendance.     St.  1883,  c.  195. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear  to  defend,  no 
notice  of  the  taking  of  depositions  and  no  exhibition  of  interrogatories  is 
required.     St.  1883,  c.  188. 

Sect.  54.  In  case  of  depositions  in  perpetuam  memoriam  of  parties 
without  the  state,  the  court  shall  order  reasonable  notice  to  non-resident 
parties  interested.     St.  1882,  c.  140. 

Sect.  70.  Copies  of  the  records,  books  and  accounts  of  savings  banks 
verified  by  affidavit  are  made  evidence.     St.  1885,  c.  92. 

CHAPTER   170. 
OF  JURIES. 

Sect.  24.  Special  regulations  are  established  for  the  preparation  of  the 
jury  list  in  Boston.     St.  1888,  c.  123. 

Sect.  35.  Jurors  may  be  examined  by  the  parties  or  their  attorneys 
under  the  direction  of  the  court.     St.  1887,  c.  149, 


Table  of  Changes.  715 


CHAPTER   171. 
OF   JUDGMENT  AND  EXECUTION". 

New  provisions  are  made  as  to  the  time  of  entering  judgment.  St.  1885, 
c.  384. 

Sects.  17,  24.  Special  judgments  in  insolvency  cases  are  regulated.  A 
general  execution  may  be  issued  or  the  plaintiff  may  have  scii-e  facias  whei-e 
the  defendant  fails  to  obtain  a  discharge  or  unreasonably  delays  to  prose- 
cute the  proceedings.     St.  1885,  c.  59. 

Sects.  52,  53.  Provision  is  made  for  a  record  of  seizure  in  cases  where 
the  levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  c.  407. 

Sect.  54  is  repealed.  In  case  of  sickness  or  absence  of  the  officer  serv- 
ing the  execution,  he  or  the  judgment  creditor  may  delegate  another  officer 
to  act.     St.  1885,  c.  125. 

CHAPTER   172. 
OF  THE   LEVY   OF  EXECUTION   ON  REAL  ESTATE. 

Sect.  30.  Execution  sales  where  the  sale  is  restrained  may  be  adjourned 
until  the  further  order  of  the  court  granting  the  injunction.  On  the  final 
determination  of  the  injunction  the  court  may  order  the  sale  to  proceed  and 
further  notice  to  be  given.     St.  1884,  c.  175. 

Sect.  49.  The  right  of  redemption  is  extended  to  lands  set  off  as  well 
as  those  sold.     St.  1886,  c.  86. 

CHAPTER    175. 
OF   THE   SUMMARY  PROCESS   FOR   TPIE  RECOVERY   OF  LAND. 

Sects.  6,  7,  8.  A  bond  instead  of  a  recognizance  is  to  be  given  in  all 
cases.     St.  1888,  c.  325. 

CHAPTER   176. 

OF  PETITIONS   FOR  THE   SETTLEMENT   OF   TITLE. 

After  possession  for  twenty  years  by  the  mortgagor  he  may  apply  to  the 
supreme  court,  and  if  it  appears  that  there  has  been  no  act  of  recognition 
during  that  time,  any  action  is  barred.     Sts.  1882,  c.  237  ;  1885,  c.  283. 

CHAPTER   178. 
OF  THE  PARTITION  OF  LAND. 

Sects.  2,  9,  75  are  extended  so  that  land  lying  in  different  counties 
may  be  divided  in  one  proceeding.     St.  1888,  c.  346. 

Sect.  13.  The  affidavit  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sects.  45  et  seq.  Probate  courts  may  make  a  partial  division  setting 
off  to  the  petitioner  his  share  and  allowing  the  residue  to  remain  in  com- 
mon.    St.  1885,  c.  293. 

Sect.  51.  The  notice  of  the  petition  is  to  be  published  in  "  such  news- 
paper or  newspapers,"  instead  of  in  "  newspapers."     St.  1882,  c.  55. 


716  Public  Statutes. 

Sect.  63  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  2. 

Sects.  64-75.  Provision  is  made  for  the  partition  of  land  where  there 
are  estates  for  life  or  terms  for  years,  a  trustee  being  appointed  to  hold 
any  money  coming  from  such  partition  and  pay  over  the  income  to  the 
tenant  and  tiie  principal  to  the  remainder  man  when  the  first  estate  ceases. 
St.  1887,  c.  286. 

CHAPTER  180. 
OF  ACTIONS  FOR  PRIVATE  NUISANCES. 

Certain  fences  and  other  like  structures  are  declared  private  nuisances. 
St.  1887,  c.  348. 

CHAPTER  181. 
OF  THE  REDEMPTION  AND  FORECLOSURE  OF  MORTGAGES. 

Sect.  17.  The  notice  of  sale  under  a  mortgage  of  real  estate,  if  there 
is  no  newspaper  in  the  town,  may  be  given  in  some  newspaper  in  the 
county.     St.  1882,  c  75. 

Sect.  27.  But  the  mortgagee  may  proceed  with  any  sale  already  ad- 
vertised unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined. 
St.  1888,  c.  433. 

CHAPTER  183. 
OF  THE  TRUSTEE  PROCESS. 

Sect.  7.  No  trustee  writ  issued  by  a  trial  justice  shall  be  made  re- 
turnable more  than  thirty  days  after  its  date.     St.  1887,  c.  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  c.  384,  §  9. 

Sect.  33.  The  wages  or  lay  of  seamen  on  contracts  hereafter  made 
are  not  attachable.     St.  1886,  c.  194. 

Sect.  34.  The  funds  of  railroad  relief  societies  are  not  liable  to  trustee 
process.     St.  1886,  c.  125. 

Sect.  38.  The  claimant  is  given  an  execution  for  the  amount  due  him 
with  costs  and  the  trustee  is  held  for  the  remainder.  A  trustee  who  has 
been  defaulted,  is  discharged  for  any  amount  which  he  may  have  paid  on 
the  original  execution  and  is  liable  to  tlie  claimant  only  for  the  rest.  The 
provision  as  to  proceedings  under  c.  161,  §§  80,  82,  83  is  omitted.  St. 
1888,  c.  345. 

Sect.  73.  When  pending  the  trustee  process  the  defendant  sues  the 
trustees,  the  costs  in  such  suit  are  in  the  discretion  of  the  court.  St.  1883, 
c.  62. 

CHAPTER  185. 
OF  HABEAS  CORPUS  AND  PERSONAL  REPLEVIN. 

Sect.  18  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  3. 


Table  or  Changes.  717 


CHAPTER  187. 
OF  WRITS  OF  ERROR  AND  WRITS  OF  AND  PETITIONS  FOR  REVIEW. 

Sect.  39.  A  stay  of  execution  may  be  ordered  without  security  when 
the  petitioner  had  no  actual  knowledge  of  the  action  before  judgment  was 
entered.     St.  1882,  c.  249. 

Bonds  to  prosecute  review  must  have  a  provision  for  special  judgments 
in  cases  of  composition  with  creditors.     St.  1888,  c.  405. 

CHAPTER   188. 
OF  REFERENCE   TO  ARBITRATION. 

The  fees  of  arbitrators  appointed  under  this  chapter  upon  whose  awards 
judgment  is  entered  are  paid  by  the  county.     St.  1887,  c.  289. 

CHAPTER    189. 

OF  IIVIPROVING  MEADOWS   AND   SWAMPS. 

Sect.  15.  "  Return  day  "  is  substituted  for  "  court."  St.  1885,  c.  384, 
§  5. 

CHAPTER    191. 

OF  LIENS   ON  BUILDINGS   AND   LAND. 

Sect.  12.  This  section,  providing  that  the  petition  may  be  inserted  in 
a  writ,  is  repealed.     St.  1888,  c.  344,  §  4. 

Sect.  13.  The  words,  "  whether  filed  as  a  petition  or  inserted  in  a 
summons,"  are  struck  out.     St.  1888,  c.  344,  §  1. 

Sect.  17.  Where  parties  are  absent  or  cannot  be  served  with  notice, 
the  petition  shall  stand  continued  until  such  notice  shall  be  given  as  the 
court  or  justice  shall  direct.     St.  1888,  c.  344,  §  3. 

The  provision  for  notice  to  the  owner  of  the  land  and  the  debtor  is 
changed  ;  the  form,  the  mode  of  service  and  the  fees  are  established.     The 
order  may  be  made  bv  the  justice  of  the  court  as  well  as  the  clerk.     St 
1888,  c.  344,  §  2.         " 

CHAPTER   192. 

OF    MORTGAGES,   CONDITIONAL    SALES,   PLEDGES  AND    LIENS    ON 
PERSONAL  PROPERTY. 

Sects.  1,  2  are  repealed  and  two  new  sections  are  substituted.  The  new 
sections  differ  in  requiring  the  mortgage  to  be  recorded  within  fifteen  days 
from  the  date  written  therein.  If  it  must  be  recorded  in  two  places,  the 
second  record  must  be  within  ten  days  of  the  first.  The  mortgage  is  not 
good  except  between  the  parties  until  so  recorded,  and  a  record  after  the 
time  fixed  is  void.     St.  1883,  c.  73. 

Sects.  10-12.     Debts  or  claims   against  a  pledgee  created  by  an  un- 
authorized sale  of  the  collateral  are  not  discharged  in  insolvency.     St 
1885,  c.  353. 

Sect.  13.  Conditional  sales  of  furniture  or  household  goods  are  reo-u- 
lated.     St.  1884,  c.  313.  "^ 


718  Public  Statutes. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  busuiess  as  well  as  where  he  resides  are  given  jurisdiction.  St.  1888, 
c.  46. 

CHAPTER    195. 

OF  THE  COLLECTION  OF  CLAIMS  AGAINST  THE  COMMONWEALTH. 

Sects.  1,  7.  The  superior  court  is  given  jurisdiction  of  all  claims  against 
the  Commonwealth,  whether  at  law  or  in  equity,  except  those  mentioned  in 
section  7,  but  they  shall  be  subject  to  set-off  or  recoupment,  as  if  the  Com- 
monwealth was  a  private  individual.     St.  1887,  c.  246. 

CHAPTER   198. 
OF   COSTS  IN   CIVIL  ACTIONS. 

Sect.  25  is  repealed.  Appeals  from  taxation  of  costs  by  the  clerk,  if 
during  the  term,  shall  be  heard  by  the  justice  before  adjournment.  St. 
1882,  c.  235. 

Sect.  28.  The  term  fees  which  are  allowed  to  the  prevailing  party  are 
limited.     St.  1882,  c.  264. 

CHAPTER   199. 
OF.  THE   FEES   OF   CERTAIN  OFFICERS. 

Sect.  4.  In  lieu  of  entry,  clerk's  term  fees,  the  fee  for  taxing  costs  and 
issuing  execution,  a  fee  of  three  dollars  is  to  be  paid  in  advance,  and  the 
same  fee  in  criminal  cases  in  lieu  of  the  entry  and  all  other  clerk's  fees. 
St.  1888,  c.  257,  §  3. 

AVhere  the  record  will  be  of  unusual  length,  the  prevailing  party  may  be 
ordered  to  pay  a  sum  in  addition  to  the  entry  fee.     St.  1888,  c.  257,  §  7. 

The  clerks  shall  collect  all  fees  in  advance.     St.  1888,  c.  257,  §  8. 

The  fees  of  officers  for  travel  to  summon  witnesses  in  criminal  cases 
under  twenty  miles  are  raised.  The  distance  is  computed  from  the 
most  distant  place  of  service  to  the  place  of  return.  When  the  officer  has 
not  actually  travelled  the  distance,  the  court  may  reduce  the  amount.  St. 
1882,  c.  215. 

Sect.  9.  In  the  service  of  criminal  precepts  the  officer  is  allowed  fifteen 
cents  a  mile  for  a  horse  and  carriage  if  he  uses  his  own,  and  the  sum  actu- 
ally expended  if  he  uses  those  of  another,  but  he  must  make  certificate  of 
the  necessity  and  the  distance  travelled  and  sum  paid.     St.  1885,  c.  254. 

Sect.  15  is  repealed.  Appraisers  may  be  allowed  wdiat  is  just  and 
reasonable  instead  of  one  dollar  per  day.     St.  1886,  c.  135. 

CHAPTER   202. 
OF  OFFENCES  AGAINST  THE  PERSON. 

Sect.  27  is  repealed.  The  age  of  consent  in  case  of  rape  is  raised  from 
ten  years  to  fourteen.     Sts.   1886,  c.  305  ;  1888,  c.  391. 


Table  of  Chakges.  719 

CHAPTER  203. 
OF   OFFENCES  AGAINST  PROPERTY. 

False  statements  of  the  distance  which  the  person  intends  to  travel  when 
hiring  a  horse,  or  of  the  distance  actually  travelled,  or  refusal  to  pay  the 
hire  are  made  a  crime.     St.  1882,  c.  236. 

Sect.  10.     A  minimum  penalty  of  ten  years  is  fixed.     St.  1888,  c.  135. 

Sect.  11.  If  such  offender  has  been  convicted  of  any  offence  named  in 
sections  10  or  11,  the  minimum  penalty  is  five  years.     St.  1888,  c.  135. 

Sect.  40.  Embezzlement  by  agents,  clerks,  etc.,  shall  include  embez- 
zlement by  oflBcers  of  voluntary  associations  and  societies.    St.  1884,  c.  174. 

Sects.  20,  40.  Embezzlement  of  the  property  of  voluntary  associations 
is  made  a  crime.  The  name  by  which  they  are  generally  known  is  a 
sufficient  description.     St.  1886,  c.  328. 

Sect.  56  is  extended  to  agents,  clerks,  or  servants  or  officers  of  persons 
and  firms  and  to  the  omission  to  make  a  true  entry  as  well  as  the  making  a 
false  entry.     St.  1885,  c.  223. 

Sects.  58,  59.  Fraudulent  use  of  the  insignia  of  the  grand  army  of 
the  republic  or  of  the  loyal  legion  is  made   an  offence.     St.   1887,  c.  67. 

Sect.  79.  Detaining  without  cause,  books,  etc.,  taken  from  public 
libraries  is  punished.     St.  1883,  c.  77. 

The  mutilation  of  maps,  newspapers,  magazines,  pamphlets  and  manu- 
scripts is  also  punished,  and  to  the  libraries  is  added,  "  incorporated  libra- 
ries."    St.  1883,  c.  81. 

Sect.  99.  A  person  may,  by  notice,  prohibit  shooting  or  trapping  on 
his  land,  and  game  artificially  propagated  on  such  land  is  his.  St.  1884,  c. 
308. 

Wilful  trespass  on  lands  appurtenant  to  prisons  or  houses  of  correction, 
disturbance  of  such  institution  or  communication  with  the  inmates,  is  made 
a  crime.     St.  1885,  c.  303. 

Sect.  101.  The  tearing  down,  removal,  or  defacing  of  a  town  warrant, 
list  of  voters  or  jurors,  or  other  legal  notice,  is  made  a  crime.  St.  1883,'c.  156. 

Municipal,  district  and  police  courts  are  given  concurrent  jurisdiction  with 
the  superior  court  of  malicious  injuries  to  personal  property  where  the 
value  is  not  alleged  to  exceed  one  hundred  dollars.  The  penalty  is  estab- 
lished.    St.  1887,  c.  293,  §  2. 

Sect.  103.  The  malicious  defacing  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

Sects.  107,  108,  109.  The  wilful  or  negligent  setting  of  fires  is 
made  a  crime.     St.  1886,  c.  296,  §  1. 

Whoever  wantonly  and  recklessly  sets  fire  to  any  material  which  causes 
the  injury  or  destruction  of  growing  or  standing  wood  is  punished.  St. 
1882,  c.  163. 

CHAPTER  205. 

OF  OFFENCES   AGAINST  PUBLIC  JUSTICE. 

Commitments  for  contempt  may  be  made  to  any  jail,  and  the  process 
may  be  served  by  the  sheriff"  to  whom  it  is  directed  in  other  counties  as  well 
as  in  his  own.     St.  1886,  c.  224. 

Interference  with  police  signal  systems  is  made  an  offence.  St.  1888,  c.  291. 


720  Public  Statutes. 

CHAPTER   207. 
OF   OFFENCES   AGAINST   CHASTITY,  MORALITY  AND   GOOD  ORDER. 

The  exhibition  of  persons  deformed  is  forbidden.     St.  1884,  c.  99. 

Unnatural  and  lascivious  acts  are  made  criminal  and  the  form  of  the 
complaint  or  indictment  is  fixed.     St.  1887,  c.  436. 

Sect.  2  is  amended  so  as  to  cover  not  only  the  purpose  of  prostitution 
but  of  unlawful  sexual  intercourse.  Giving  drugs  or  other  things  for  pur- 
poses of  sexual  intercourse,  intercourse  with  idiotic  or  imbecile  women  or 
girls,  and  inducing  any  person  under  eighteen  years  old  to  have  such  unlaw- 
ful intercourse  are  punished.  The  owner  or  person  in  control  of  premises 
who  suffers  or  induces  any  girl  under  the  age  of  twenty-one  to  be  upon  the 
premises  for  the  purpose  of  unlawful  intercourse  is  punished.  The  evidence 
of  one  witness  must  be  corroborated  and  prosecutions  must  be  commenced 
within  one  year.     St.  1886,  c.  329. 

Sending  any  woman  or  girl  to  enter  as  an  inmate  or  as  a  servant  any 
house  of  ill-fame  is  made  an  offence.  Proprietors  or  keepers  of  employ- 
ment offices  who  personally  or  through  an  employee  send  any  woman  or 
girl  to  enter  any  house  of  ill-fame  as  aforesaid,  the  character  of  which 
could  have  been  ascertained  on  reasonable  inquiry,  are  punished.  De- 
taining or  attempting  to  detain  or  administering  any  drug  for  the  purpose  of 
detaining  any  woman  or  girl  in  such  house  is  made  a  crime.  St.  1888, 
c.  311. 

Sect.  15.  The  sale  or  distribution  to  minors  of  papers  devoted  to 
criminal  new^s  or  reports  of  crime  is  forbidden,  and  whoever  employs 
minors  or  permits  them,  if  under  his  control,  to  be  employed  in  such  dis- 
tribution is  punished.     St.  1885,  c.  305. 

Sect.  26.  The  maximum  fine  for  drunkenness  is  increased  from  one  to 
five  dollars,  and  the  maximum  imprisonment  for  non-paj'ment  from  ten 
days  to  thirty  days.  The  county  commissioners  may  release  persons  so 
confined.     St.  1885,  c.  375. 

Sect.  27.  Male  persons  convicted  of  a  third  offence  of  drunkenness  may 
be  sentenced  to  the  reformatory  for  not  less  than  one  year  and  not  more 
than  two  years.     St.  1885,  c.  365. 

Sects.  27,  28.  The  punishment  of  female  persons  for  a  second  offence 
of  drunkenness  is  made  the  same  as  that  of  men.     St.  1888,  c.  377. 

Sect.  28.  Keeping  any  place  for  opium  smoking,  the  selling  or  giving 
awa}^  opium  at  such  place,  or  resorting  to  it  to  smoke,  is  made  a  crime. 
St.  1885,  c.  73. 

Sects.  29,  42.  Rogues,  vagabonds,  vagrants  and  others  named  in  these 
sections,  may  be  sent  to  the  state  workhouse  as  tramj)s  now  are  under  sec- 
tion 38.     St.  1884,  c.  258. 

Male  persons  committing  the  offences  named  in  these  sections  may  be 
sentenced  to  the  reformatory  for  not  less  than  one  year  and  not  more  than 
two  years.     St.  1885,  c.  365,  §  1. 

Sect.  34.  Persons  disorderly  or  indecent  in  speech  or  behavior  on 
public  conveyances  are  punished.     St.  1883,  c.  102. 

The  wilful  disturbance  of  persons  in  a  public  library  or  reading-room  is 
punished.     St.  1885,  c.  •lih. 


Table  of  Changes.  721 

Sect,  50.  Whoever,  without  authority,  removes  any  flowers,  flags  or 
memorial  tokens  from  any  grave,  tomb,  monument  or  burial  lot  is  pun- 
ished.    St.  1888,  c.  395. 

Sect.  69.  This  section  is  repealed  and  a  substitute  enacted  extending 
the  provisions  against  discrimination  in  public  places  on  account  of  race  or 
color.     St.  1885,  c.  316. 

CHAPTER   208. 
OF  OFFENCES  AGAINST  PUBLIC   HEALTH. 

The  manufacture  or  sale  of  any  drug  or  article  of  food  which  is  adulterated 
is  made  a  crime.  Adulteration  is  defined.  Such  compounds  as  are  recognized 
as  ordinary  articles  of  food  or  drink  are  exempt  if  so  marked.  Provision  is 
made  for  analyzing  samples.    Sts.  1882,  c.  263  ;  1884,  c.  289  ;  1886,  c.  171. 

The  state  board  may  expend  annually  in  enforcing  the  laws  against  adul- 
terations not  exceeding  ten  thousand  dollars,  of  which  three-fifths  must 
be  for  enforcing  the  laws  against  adulterations  of  milk.  They  must  report 
the  prosecutions  and  an  itemized  account  of  the  expenditure.  St.  1884, 
c.  289,  §  1. 

The  sale  or  gift  of  any  cigarette,  snuff  or  tobacco  to  persons  under  six- 
teen years  of  age  is  forbidden.     St.  1886,  c.  72. 

Sect.  6  is  extended  to  cover  any  other  deadly  poisonous  substance  or 
compound  besides  those  expressly  named.  The  record  may  be  inspected 
by  the  police.     St.  1887,  c.  38. 

The  regulations  as  to  the  sale  of  poisons  are  revised.    St.  1888,  c.  209. 

CHAPTER   209. 

OF   OFFENCES   AGAINST  PUBLIC   POLICY. 

Property  shall  not  be  sold  or  exchanged  by  the  inducement  of  any  gift. 
St.  1884,  c.  277. 

CHAPTER  209a. 

OF   HABITUAL   CRIMINALS. 

Pro\nsion  is  made  for  the  punishment  of  habitual  criminals.  St.  1887, 
c.  435. 

CHAPTER  212. 

OF  SEARCH  WARRANTS,  REWARDS,  ARRESTS,  EXAMINATION,   COM- 
MITMENT, BAIL  AND   PROBATION. 

Children  under  twelve,  not  accused  of  offences  punishable  by  imprisonment 
for  life  nor  truants,  are  not  to  be  arrested  until  they  neglect  to  appear  on 
summons,  nor  to  be  committed  in  default  of  bail,  nor  on  sentence.  St.  1882, 
c.  127. 

Sect.  2.  Warrants  may  also  issue  to  search  for  pool  tickets  or  other 
materials  unlawfully  made,  provided  or  procured  for  the  purpose  of  buying 
or  selling  pools.     St.  1885,  c.  342,  §  2. 


722  Public  Statutes. 

Sects.  2,  9.  Gaming  apparatus  seized  under  section  2,  clause  7,  is  to 
be  sold  or  disposed  of  under  section  9.     St.  1885,  c.  66. 

Sects.  17,  20.  Warrants  and  otlier  criminal  process  maybe  directed  to 
and  served  by  any  officer  in  any  county.     St.  1886,  c.  247. 

Sect.  26.  The  court  or  justice,  on  adjourning  a  trial  or  examination 
where  the  offence  is  punishable  with  death  or  imprisonment  for  life,  may 
bind  over  the  government  witnesses  according  to  sections  37-41  of  this 
chapter  :  the  fee  is  twenty  cents.     St.  1885,  c.  136. 

Where  a  trial  justice  adjourns  an  examination  or  trial  and  then  fails  to 
appear,  another  justice  may  complete  the  proceedings.  The  records  are 
to  be  made  up  by  the  justice  rendering  the  final  decision.  St.  1883, 
c.  175. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  from 
receiving  compensation  for  taking  bail,  is  repealed.     St.  1885,  c.  135. 

Sect.  68  is  repealed.  The  person  ordered  to  recognize  may  deposit  the 
money  with  au}^  officer  authorized  to  take  his  recognizance,  instead  of 
being  restricted  to  the  magistrate  or  clerk  of  the  court  ordering  it.  St.  1882, 
c.  134. 

Sect.  78.  Two  additional  probation  officers  may  be  appointed  in  Boston. 
The  requirement  that  the  officers  be  appointed  in  May  is  struck  out.  St. 
1882,  c.  125. 

CHAPTER  213. 

OF     INDICTMENTS,    PROSECUTIONS,    AND    PROCEEDINGS    BEFORE 

TRIAL. 

Sect.  17  is  repealed.  The  form  of  complaints  and  indictments  on  special 
statutes,  ordinances  and  by-laws  of  cities  and  towns,  orders  of  the  mayor 
and  aldermen  or  rules  of  any  public  board,  is  regulated.     St.  1886,  c.  53. 

So  for  embezzlements  from  voluntary  associations.  St.  1886,  c.  328, 
S-2. 


CHAPTER   214. 
OF  TRIALS  AND  PROCEEDINGS   BEFORE   JUDGMENT. 

Sect.  1 .  A  list  of  criminal  cases  for  trial  is  made  compulsory,  instead 
of  discretionary  with  the  court.     St.  1884,  c.  193. 

CHAPTER  215. 
OF  JUDGMENT  AND  EXECUTION. 

Convicts  punishable  by  imprisonment  in  the  house  of  correction  may  be 
sent  to  jail  instead,  and  those  undergoing  sentence  may  be  removed  from 
one  to  the  other.     St.  1882,  c.  241. 

Sentences  to  imprisonment  for  successive  terms  are  allowed.  St.  1884, 
c.  265. 

Sect.  18.  No  child  under  twelve  can  be  imprisoned  except  on  charges 
punishable  by  imprisonment  for  life  or  for  truancy,  but  must  be  committed 
to  the  custody  of  the  state  board  of  health.     St.  1882,  c.  127. 


Table  of  Changes.  723 

CHAPTER  216. 
OF  FIRE  INQUESTS. 

Sect.  1.  An  investigation  is  to  be  made  in  every  case  of  fire,  except  in 
Boston,  by  the  engineers,  or  the  selectmen  where  there  are  no  engineers, 
and  a  written  report  made  to  the  city  clerk,  a  transcript  of  which  is  sent  to 
the  insurance  commissioner  each  year.  If  there  appear  reasonable  grounds 
for  believing  that  the  fire  was  caused  by  design,  the  chief  engineer,  or 
chairman  of  the  selectmen,  must  apply  for  an  inquest.      St.  1888,  c.  l'J9. 

Sect.  7.  The  clause  requiring  the  inquisition  and  testimony  to  be  filed 
with  the  clerk  of  the  municipal  court  in  Suffolk  is  repealed.    St.  1888,  c.  199. 

CHAPTER  217. 
OF  FINES,  FORFEITURES   AND   COSTS. 

Sect.  8.  Instead  of  copies  of  bills  of  costs  being  transmitted  they  may 
be  entered  on  a  schedule  which  shall  be  transmitted  to  the  treasurer,  who 
shall  pay  the  persons  entitled.     St.  1888,  c.  2.57,  §  6. 

CHAPTER   218. 
OF  FUGITIS^ES  FROM  JUSTICE,  AND  PARDONS. 

Sect.  6  is  repealed.  Expenses  of  requisitions  are  paid  by  the  county 
unless  the  govei'nor  orders  a  part  or  all  to  be  paid  by  the  state.  St.  1886, 
c.  267. 

Sect.  14.  Where  the  condition  of  a  pardon  is  broken  and  the  convict  is 
remanded  to  serve  out  the  residue  of  his  sentence,  if  he  is  then  serving 
another  sentence,  his  confinement  is  to  begin  from  the  expiration  of  that. 
St.  1882,  c.  197. 

CHAPTER   219. 

OF  THE  COMMISSIONERS  OF  PRISONS. 

The  commissioners  may  transfer  prisoners,  except  those  confined  for 
capital  crimes,  to  hospitals  for  surgical  treatment.  The  time  of  their 
sentence  runs  while  there.     St.  1882,  c.  207. 

Sect.  3.  The  salary  of  the  secretary  of  the  commissioners  of  prisons  is 
raised  from  $2,000  to  $2, .500.     St.  1886,  c.  275. 

The  commissioners  of  prisons  may  expend  for  clerical  assistance  a  sum 
not  exceeding  $2,500  annually.     St.  1888,  c.  328. 

Sect.  4.  They  may  remove  prisoners  from  jails  to  houses  of  correction, 
and  vice  versa.     St.  1882,  c.  241. 

They  may  transfer  prisoners  between  the  jails,  from  the  reformatory 
to  the  jails  and  houses  of  correction  and  back  again,     St.  1887,  c.  375. 

Sect.  6.  Vagrants  or  tramps  may  also  be  removed  to  the  state  work- 
bouse  under  this  section.     St.  1885,  c.  35,  §  1. 

Sect.  17.  The  number  of  prisoners  who  may  be  employed  in  certain 
occupations  is  limited.     St.  1883,  c.  217. 

Sects.  17,  18.  These  sections  which  relate  to  the  employment  of  con 
victs  in  the  state  prison  and  the  reformatory  prisons  are  repealed.  St 
1888,  c.  403,  §  6. 


724:  Public  Statutes. 

Sects.  26-30.  Aid  is  provided  for  female  prisoners  whose  cases  are  dis- 
posed of  without  sentence.     St.  1886,  c.  177. 

The  commissioners  may  expend  for  aiding  discharged  female  prisoners 
a  sum  not  exceeding  three  thousand  dollars  annually.     St.  1888,  c.  417. 

Sects.  26  et  seq.  The  commissioners  may  provide  offices  in  Boston  for 
the  agents  for  aiding  discharged  prisoners.     St.  1887,  c.  336. 

The  commissioners  of  prisons  may  expend  two  thousand  dollars  more 
for  the  assistance  of  prisoners  discharged  from  the  Massachusetts  reform- 
atory.    St.  1887,  c.  395. 

There  may  be  advanced  to  the  commissioners  of  prisons  under  St. 
1884,  c  179,  for  aiding  prisoners  discharged  from  the  Massachusetts  re- 
formatory a  sum  not  exceeding  five  hundred  dollars  at  any  time.  From 
it  prisoners  removed  to  other  institutions  and  discharged  may  also  be 
assisted.     St.  1888,  c.  322. 

Sects.  26,  27.  The  commissioners  of  prisons  may  employ  two  additional 
agents  to  aid  discharged  prisoners.  These  agents  shall  also  obtain  infor- 
mation for  the  commission  in  regard  to  prisoners.     St.  1887,  c.  315. 

Sect.  27.  The  limit  of  the  salary  of  the  agent  for  aiding  discharged 
female  prisoners  is  increased  from  $700  to  $775  and  is  paid  from  the  state 
treasury  instead  of  from  the  appropriation  for  aiding  discharged  female 
prisoners.     St.  1888,  c.  330. 

Sect.  34.  The  heads  of  police  and  others  making  arrests  are  required 
to  make  monthly  reports.     St.  1882,  c.  226,  §  2. 

Sects.  34,  35.  The  blanks  for  the  returns  of  criminal  business  made  by 
clerks  of  courts  and  other  officers,  under  these  sections,  are  furnished  by 
the  commissioners  of  prisons,  who  prescribe  the  form.     St.  1882,  c.  226,  §  1. 

Sect.  36,  prescribing  the  form,  is  repealed.     St.  1882,  c.  226,  §  3. 

Sect.  39.  The  sum  allowed  for  clerical  assistance  of  the  commissioners 
is  increased  from  $700  to  $1,700.     St.  1885,  c.  52. 

CHAPTER   220. 
OF  JAILS   AND   HOUSES   OF   CORRECTIOX. 

Any  authority  or  control  given  by  this  chapter  to  the  county  commis- 
sioners or  to  the  board  of  directors  of  public  institutions  of  the  city  of 
Boston,  over  matters  connected  with  the  employment  of  prisoners  in  any 
house  of  correction,  is  transferred  to  the  general  superintendent  of  prisons 
and  the  master  of  such  house  of  correction.     St.  1888,  c.  403,  §  8. 

In  every  city  of  over  thirty  thousand  inhabitants  one  or  more  police 
stations  must  be  designated  as  stations  for  the  detention  of  women,  and 
police  matrons  must  be  appointed  whose  duties  are  defined.  St.  1887, 
c.  234. 

The  provisions  of  St.  1887,  c.  234,  shall  apply  to  cases  where  women  are 
taken  to  or  received  at  a  police  station  for  detention  or  lodging  as  well  as 
to  women  arrested.     St.  1888,  c.  181. 

Sect.  2.  The  sheriff  may  remove  prisoners  at  his  discretion  between 
jails  and  houses  of  correction.     St.  1882,  c.  241,  §  2. 

Sect.  36.  The  requirement  of  whitewashing  is  struck  out.  St.  1886, 
c.  226. 


Table  of  Changes.  725 

Sect.  40.  The  number  of  prisoners  who  may  be  employed  in  certain 
trades  is  limited.     St.  1883,  c.  217. 

Contract  labor  in  the  prisons  is  forbidden.  Labor  in  them  is  regulated. 
A  general  superintendent  of  prisons  is  to  be  appointed  who  shall  have 
general  charge  of  the  labor  in  prisons.     St.  1887,  c.  447. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

The  master  must  establish  and  maintain  the  industries  fixed  upon  under 
St.  1887,  c.  447.     St.  1888,  c.  403,  §  1. 

The  number  of  pei'sons  who  may  be  employed  is  regulated.  St.  1888, 
c.  403,  §  2. 

The  purchase  of  tools,  implements  and  materials,  and  the  sale  of  manu- 
factured goods  is  provided  for.     St.  1888,  c.  403,  §  3. 

Suits  with  reference  to  contracts  under  the  acts  relating  to  the  employ- 
ment of  prisoners,  may  be  referred  to  arbitrators  appointed  by  the  county 
commissioners,  or  referees.     St.  1888,  c.  403,  §  4. 

No  provision  for  the  employment  of  prisoners  upon  the  piece-price  plan 
shall  be  made  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

Sect.  49.     Clerical  errors  corrected.     St.  1882,  c.  6,  §  4. 

Sect.  50.  Escapes  from  officers  who  have  taken  prisoners  to  perform 
labor  on  any  public  land  are  made  escapes  from  prisons  and  punished. 
St.  1882,  c.  198. 

Sects.  66,  68.  All  the  provisions  as  to  persons  released  under  section 
68  are  applied  to  section  66.     St.  1884,  c  152,  §  4. 

Sect.  68.  Any  violation  of  permits  to  be  at  liberty  issued  to  a  prisoner, 
of  itself  renders  them  void,  and  an  order  of  arrest  and  recommitment  may 
issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be  taken  to 
be  any  part  of  the  term  of  his  sentence.     St.  1884,  c.  152,  §§1,2. 

CHAPTER  221. 
OF  THE  STATE  PRISON  AND  REFORMATORY  PRISON   FOR  WOMEN. 

Contract  labor  is  forbidden.  Labor  is  regulated.  A  general  superin- 
tendent of  prisons  is  to  be  appointed  who  shall  have  charge  of  the  labor. 
St.  1887,  c.  447. 

The  warden  of  the  state  prison  and  the  superintendent  of  the  reforma- 
tories must  establish  and  maintain  the  industries  fixed  upon  under  St.  1887, 
c.  447.     St.  1888,  c.  403,  §  1. 

The  superintendent  of  the  Massachusetts  reformatory  and  the  general 
superintendent  of  prisons  are  charged  with  the  duty  of  establishing  indus- 
ti'ies,  instead  of  the  commissioners.     St.  1888,  c.  403,  §  7. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  tlie  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

No  provision  shall  be  made  for  the  employment  of  prisoners  upon  the 
piece-price  plan  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  is  regulated.     St.  1888,  c.  403,  §  3. 


726  Public  Statutes. 

The  number  of  persons  who  may  be  employed  is  regulated.  St.  1888, 
c.  403,  §  2. 

A  reformatory  for  men  is  established.     St.  1884,  cc.  255,  331. 

Sentences  to  the  reformatory  are  not  to  be  for  any  fixed  time.  In  cer- 
tain stated  cases  the  convict  may  be  detained  two  years,  and  in  all  others 
five  years.     St.  1886,  c.  323. 

No  person  shall  be  sentenced  to  the  Massachusetts  reformatory  who  is 
above  forty  years  of  age  or  who  has  been  previously  sentenced  more  than 
three  times  to  fine  or  imprisonment.     St.  1888,  c.  49. 

The  prison  commissioners  may  remove  any  person  held  under  sentence  at 
the  state  workhouse  to  the  Massachusetts  refonnatory.  The  provisions  of 
St.  1884,  c.  255,  apply  to  such  removal.     St.  1885,  c.  35,  §  2. 

The  commissioners  of  prisons  may  remove  prisoners  from  the  Massa- 
chusetts reformatory  to  the  state  farm  for  the  remainder  of  their  sentences, 
and  the  board  of  lunacy  and  charity  then  have  the  same  authority  over 
them  that  the  commissioners  would  have  liad.     St.  1887,  c.  292. 

Trial  justices  may  sentence  to  the  reformatory  prison.     St.  1885,  c.  356. 

Persons  convicted  of  drunkenness  and  vagrancy  under  c.  207,  §§  27, 
29,  42,  may  be  sent  to  the  reformatory  prison.     St.  1885,  c  365. 

The  illicit  conveyance  of  articles  to  or  from  the  Massachusetts  reforma- 
tory is  prohibited.     St.  1887,  c.  339. 

Sect.  1.  The  state  prison  is  removed  from  Concord  to  Boston.  St. 
1884,  c.  255,  §  1. 

Sects.  6,  7  are  repealed.  The  number  of  officers  at  the  state  prison 
is  changed  ;  the  turnkeys  are  reduced  from  eleven  to  four ;  the  watch- 
men increased  from  ten  to  twenty-three  ;  the  assistant  watchmen  shall 
n  )t  exceed  twenty-three,  instead  of  fifteen,  and  no  additional  watchmen 
can  be  employed.     St.  1882,  c.  203,  §§1,4. 

Sect.  6.  The  officers  at  the  state  prison  at  Boston  are  determined, 
and  their  compensation  established.  No  other  perquisite,  reward  or  emol- 
ument shall  be  received  by  them  ;  house  room  with  fuel  and  lights  is  al- 
lowed to  the  warden  and  deputy  warden.     St.  1888,  c  264. 

The  distinction  between  watchmen  and  assistant  watchmen  at  the  Massa- 
chusetts reformatory  is  abolished.  As  many  may  be  appointed  as  the 
superintendent,  subject  to  the  approval  of  the  commissioners  of  prisons, 
may  deem  necessary,  but  not  exceeding  forty-six.  St.  1888,  c.  335,  §  1. 

The  salary  of  the  turnkey  is,  at  the  Massachusetts  reformatory,  fixed  at 
$1,200  instead  of  a  maximum  of  $1,100.  The  salary  of  the  watchmen  is 
determined  by  their  length  of  service  at  $1,000  and  $1,200.  St.  1888, 
c.  335,  §  2. 

Sect.  8.  The  commissioners  have  no  longer  any  part  in  the  removal  of 
the  warden.     St.  1882,  c.  203,  §  2. 

Where  there  is  a  disagreement  between  the  warden  and  commissioners  as 
to  the  removal  of  an  officer,  the  warden  may  appeal  to  the  governor  and 
council.     St.  1887,  c.  355. 

Sect.  11.  The  compensation  of  officers,  except  the  warden,  chaplain 
and  physician,  is  fixed  by  the  warden,  subject  to  the  approval  of  the  com- 
missioners, but  it  may  not  exceed  the  maximum  stated.  Sts.  1882,  c.  203, 
§§  3,  4;   1884,  c.  95. 


Table  *of  Changes.  727 

Sect.  27.  The  clause  forbidding  the  employment  of  a  convict  in  print- 
ing is  repealed.     St.  1888,  c.  189. 

Sect.  30.  Instead  of  instruction  in  reading  and  writing  for  one  hour, 
schools  may  be  maintained  for  the  prisoners.     St.  1886,  c  197. 

Sect.  43.  A  burial  place  for  the  reformatory  prison  at  Sherborn  may 
be  purchased.     St.  1882,  c.  213. 

Prisoners  may  be  employed  on  land  appurtenant  to  the  prison.  Escapes 
or  attempts  to  escape  from  the  prison,  or  the  land  adjacent  to  the  prison, 
are  punished,  and  the  first  district  court  of  Southern  Middlesex  is  given 
concurrent  jurisdiction  of  such  offence.     St.  1885,  c.  94. 

Female  convicts  in  the  United  States  courts  are  confined  at  the  reforma- 
tory pi'ison  for  women.     St.  1887,  c.  426. 

Sects.  43-53.  The  duties  of  schoolmistress  at  the  reformatory  prison 
for  women  are  transferred  to  the  chaplain  and  the  office  is  abolished.  St. 
1884,  c.  43,  §§  1,  2. 

Sects.  43  et  seq.  The  commissioners  of  prisons  shall  have  solely  the 
same  right  to  release  from  or  return  to. a  jail,  house  of  correction  or  the 
Boston  house  of  industry  a  prisoner  transferred  thereto  from  the  reforma- 
tory prison  for  women,  which  they  would  have  had  if  she  had  not  been  so 
transferred.     St.  1888,  c.  192. 

Sect.  44.  The  office  of  treasurer  and  steward  at  the  reformatory  prison 
is  abolished  and  the  duties  transferred  to  the  superintendent.  He  may 
appoint  a  steward.     St.  1883,  c  267. 

Sect.  45.  In  case  of  the  absence  or  inability  of  the  superintendent  or 
of  a  vacancy,  the  deputy  superintendent  acts.  A  superintendent  pro 
tempore  may  be  appointed.     St.  1883,  c.  267. 

Sect.  47.  The  salary  of  the  deputy  superintendent  of  the  reformatory 
prison  for  women,  now  $600,  is  to  be  fixed  by  the  commissioners  of  prisons, 
but  it  shall  not  exceed  $800.     St.  1884,  c.  43,  §  2. 

The  salary  of  the  superintendent  is  raised  from  $1,500  to  $2,000,  and 
of  the  clerk  from  $500  to  $800.     St.  1887,  c.  341. 

The  salaries  of  matrons,  deputy  matrons  and  assistant  matrons  are  sev- 
erally increased  $50.     St.  1888,  c.  327. 

Sect.  52.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
shall  of  itself  make  void  said  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be 
taken  to  be  any  part  of  the  time  of  his  sentence.     St.  1884,  c.  152,  §§1,2. 

The  time  when  a  permit  to  be  at  liberty  under  St.  1884,  c.  255,  §  33, 
voted  by  the  commissioners  of  prisons,  shall  issue  to  a  prisoner  held  iu  the 
Massachusetts  reformatory,  may  be  decided  by  a  committee  or  by  their 
secretary.     St.  1888,  c.  317. 

Sect.  54.  All  bills  contracted  by  the  wai'den  of  the  state  prison,  the 
superintendent  of  the  reformatory  or  of  the  reformatory  prison  for  women, 
and  the  pay  rolls  for  salaries,  shall  be  approved  by  the  general  superintend- 
ent of  prisons  and  the  approval  of  the  commissioners  of  prisons  is  not 
required.     This  section  is  repealed.     St.  1888,  c.  337. 

Sects.  54,  55.  The  commissioners  of  prisons  are  not  required  to  ap- 
prove bills  with  reference  to  the  labor  of  prisoners,  nor  they  nor  the  gov- 
ernor and  council  to  approve  contracts  with  reference  to  such  labor.  St. 
1888,  c.  403,  §  7. 


728  Public  Statutes. 

Sects.  o4-58,  60.  The  provisions  as  to  the  treasurer  and  steward  now 
apply  to  the  superintendent.     St.  1883,  c.  267. 

CHAPTER   222. 

SPECIAL    PROVISIONS    CONCERNING    PENAL    AND    OTHER    PUBLIC 

INSTITUTIONS. 

Sect.  10.  Any  prisoner  confined  in  the  Massachusetts  reformatory  who 
becomes  insane,  may  be  removed  to  one  of  the  state  lunatic  hospitals,  and 
on  his  recovery  recommitted  to  the  reformatory.     St.  1885,  c.  320. 

Sect.  1 7.  Where  a  poor  convict  has  been  confined  three  months  for  non- 
payment of  fine  or  costs,  if  there  is  no  police  or  district  court  in  the  county, 
the  jailer  shall  make  a  report  thereof  to  a  trial  justice,  who  shall  have 
authority  to  hear  the  matter  and  discharge  such  convict.     St.  1882,  c.  201. 

Sect.  20.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
shall  of  itself  make  void  such  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  The  time  during  which  he  has  been  at  liberty  shall  not 
be  taken  to  be  any  part  of  the  time  of  his  sentence.     St.  1884,  c.  152,  §  2. 

This  section  providing  for  records  of  conduct  and  deductions  from  sen- 
tences does  not  apply  to  persons  hereafter  sentenced  to  the  reformatory. 
St.  1886,  c.  323,  §  7. 

Sect.  21.  Recommitments  are  hereafter  made  by  the  board  granting  the 
permit,  but  warrants  already  issued  may  be  served  and  the  proceedings 
under  them  be  completed  according  to  the  existing  law.  If  the  person  is  in 
prison,  the  order  of  remand  takes  effect  from  the  expiration  of  his  pending 
sentence.     St.  1884,  c.  152,  §  3. 


STATUTES   OF   THE   COMMOISIV^EALTH. 

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


Statutes,  1883. 

CHAPTER   28. 

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

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

CHAPTER  29. 

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

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


Table  op  Changes.  729 

1883  —  Continued. 

CHAPTER   63. 

AN  ACT  TO   ESTABLISH    THE    SALARY    OF    THE    CLERK    OF    THE 
POLICE   COURT   OF  LOWELL. 

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

CHAPTER  65. 

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

Repealed.     St.  1885,  c.  247.     P.  S.,  c.  91. 

CHAPTER   74. 

AN   ACT   RELATIVE   TO   THE  PRESERVATION  OF   CHECK  LISTS  IN 

CITIES. 

Repealed.     St.  1884,  c  299,  §  44.     P.  S.,  c.  7. 

CHAPTER  97. 

AN  ACT  TO  PROVIDE   FOR  THE  INSTRUCTION  AND   EXERCISE  OF 
A   PORTION   OF   THE  VOLUNTEER   MILITIA. 

Superseded.     St.  1887,  e.  411.     P.  S.,  c.  14. 

CHAPTER   102. 
AN  ACT  CONCERNING  FISHERIES,  Etc. 
Amended.     St.  1884,  c.  245.     P.  S.,  c.  91. 

CHAPTER    106. 

AN  ACT  IN  RELATION   TO   THE    TAXATION  OF  FOREIGN    MINING, 
QUARRYING  AND   OIL   COMPANIES. 

Amended.     St.  1883,  c.  74.     Affected.     Sts.  1884,  c.  330,  §  3;  1886, 
c.  230.     P.  S.,  c.  18. 

CHAPTER    108. 

AN  ACT  TO  AUTHORIZE  COUNTY  COMMISSIONERS  TO  CONTROL 
TRAVEL  OVER  BRIDGES  CONSTRUCTED  OR  MAINTAINED  IN 
WHOLE   OR   IN   PART   BY   A  COUNTY. 

Section  1,  amended.     St.  1888,  c.  313.     P.  S.,  c.  53. 

CHAPTER    111. 

AN   ACT   AUTHORIZING  THE  TREASURER  AND  RECEIVER-GENERAL 
TO  EMPLOY   ADDITIONAL   CLERICAL   ASSISTANCE. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 


730  Public  Statutes. 

1883  —  Continued. 

CHAPTER    129. 

AN  ACT  TO  ESTABLISH  THE   SALARY   OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE   COUNTY   OF  MIDDLESEX. 

Superseded.     St.  1886,  c.  184.     P.  S.,  c.  158. 

CHAPTER   139. 
AN  ACT  TO  PERMIT  WOMEN  TO  PRACTICE  AS  ATTORNEYS-AT-LAW. 
Extended.     St.  1883,  c.  252.     P.  S.,  c.  18. 

CHAPTER   157. 

AN  ACT  TO  PROVIDE  FOR  THE  APPOINTMENT  OF  AN  ASSISTANT 
DISTRICT-ATTORNEY  FOR  THE  EASTERN  DISTRICT. 

Affected.     St.  1888,  c.  289.     P.  S.,  c.  17. 

CHAPTER   166. 
AN  ACT  RELATIVE   TO  FISHING  IN   THE   MERRIMAC  RIVER. 
Section  1,  amended.     St.  1884,  c.  317. 

CHAPTER    178. 
AN  ACT  RELATING  TO  THE   COMPENSATION   OF   THE   MILITIA. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   179. 

AN  ACT  RELATIVE   TO  PARADING  WITH  ARMS   BY  ASSOCIATIONS 
COMPOSED   OF   SOLDIERS. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c  14. 

CHAPTER   181. 
AN  ACT  RELATING  TO   INDIGENT   AND   NEGLECTED   CHILDREN. 
Section  3,  amended.     St.  1886,  c.  330.     P.  S.,  c  48. 

CHAPTER   195. 

AN  ACT  ENLARGING  THE  POWERS  AND  DUTIES   OF   ASSOCIATIONS 
FOR  CHARITABLE  AND   OTHER  PURPOSES. 

Section  1,  repealed.     St.  1888,  c.  429,  §  1.     P.  S.,  c.  119. 

CHAPTER   196. 
AN  ACT   CONCERNING  THE   STATE  LIBRARY. 
Superseded.     St.  1888,  e.  24.     P.  S.,  c.  5. 


Table  of  Changes.  731 

1882  —  Continued. 

CHAPTER   200. 

AN  ACT  TO  EXTEND   THE  TIME  WITHIN  WHICH   SAVINGS  BANKS 
MAY   SELL   CERTAIN   REAL  ESTATE. 

Section  1,  affected.     St.  1886,  c.  77.     P.  S.,  c.  116. 

CHAPTER   203. 

AN  ACT  IN  RELATION   TO   THE   OFFICERS   OF   THE   STATE  PRISON 

AT   CONCORD. 

Repealed.     St.  1888,  c.  264,  §  3.    P.  S.,  c.  221 

CHAPTER   205. 

AN  ACT   CONCERNING  THE    SALARIES   OF  THE  JUSTICES   OF   THE 

SUPERIOR   COURT. 

Repealed.     St.  1888,  e.  274,  §  3.     P.  S.,  c.  152. 

CHAPTER   212. 
AN  ACT  TO  ESTABLISH  AN  AGRICULTURAL  EXPERIMENT  STATION. 

Reports   provided   for.     St.   1883,   c.  105,     Section  2,  amended.     St. 
1888,  c.  333.     P.  S.,  c.  20. 

CHAPTER   217. 

AN  ACT  PROVIDING  FOR  RETURNS  OF  PROPERTY   HELD   FOR  LIT- 
ERARY, BENEVOLENT,  CHARITABLE  OR   SCIENTIFIC   PURPOSES. 

Section  1,  amended.     St.  1888,  c.  323.     P.  S.,  c.  11. 

CHAPTER   231. 

AN    ACT    TO    ALLOW    SAVINGS    BANKS    AND    INSTITUTIONS     FOR 
SAVINGS   TO  MAKE  ADDITIONAL   INVESTMENTS. 

Amended.     St.  1885,  c.  124.     Repealed.     St.  1887,    c.    423.     P.    S., 
c.  116. 

CHAPTER   232. 

AN  ACT  RELATING  TO  THE  OFFICERS  IN  ATTENDANCE  UPON  THE 
SUPREME  JUDICIAL  COURT  IN  THE  COUNTY  OF  SUFFOLK. 

Section  1,  amended.     St.  1886,  c.  37,  §  2.     P.  S.,  c.  159. 

CHAPTER  233. 

AN  ACT  TO  ESTABLISH  THE  THIRD  AND  FOURTH  DISTRICT  COURTS 
OF  EASTERN  MIDDLESEX  AND  THE  POLICE  COURTS  OF 
MARLBOROUGH    AND    BROOKLINE. 

Amended.*  St.  1886,  c.  165.     P.  S.,  c.  154. 


732  Public  Statutes. 

1883  —  Continued. 

CHAPTER  237. 

AN  ACT  RELATING  TO  THE  SETTLEMENT  OF  TITLES  TO  REAL 

ESTATE. 

Extended.     St.  1885,  c.  283.     P.  S.,  c.  176. 

CHAPTER  243. 

AN   ACT    CONCERNING   THE    REDEMPTION   OF   ESTATES  SOLD  FOR 
TAXES  AND   OTHER  ASSESSMENTS. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER  244. 

AN  ACT  TO  AUTHORIZE  THE  FORMATION  OF  RELIEF  SOCIETIES 
BY  THE  EMPLOYEES  OF  RAILROAD  AND  STEAMBOAT  COR- 
PORATIONS. 

Affected.     St.  1886,  c.  125.     P.  S.,  c.  115. 

CHAPTER  245. 

AN  ACT  RELATING  TO  THE   SALARIES   OF  CERTAIN  JUSTICES  AND 

COURT  OFFICERS. 

Section  1,  superseded  in  part.     Sts.  1886,  cc.  15,  37,  130,  1G6  ;  1888, 
c.  195.     P.  S.,  cc.  154,  159. 

CHAPTER  247. 

AN   ACT   RELATING   TO    THE    CORRECTION   OF  NAMES   UPON    TAX 

BILLS,  Etc. 

Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 

CHAPTER  250. 

AN  ACT   RELATING  TO  THE   INSPECTION   AND    SALE  OF    CERTAIN 

OILS. 

Repealed.     St.  1885,  c.  122.     P.  S.,  c.  102. 

CHAPTER  251. 

AN  ACT   RELATING  TO  CO-OPERATIVE    SAVING   FUND   AND    LOAN 

ASSOCIATIONS. 

Amended.      St.    1885,  c.  121.      In  part  repealed.      St.   1887,  c.  216. 
P.  S.,  c.  117. 

CHAPTER  257. 

AN     ACT     TO     FIX    THE     COMPENSATION     OF     THE     ASSISTANT 

CLERKS,  Etc 

Superseded  in  part.     St.  1887,  c.  116.     P.  S.,  c.  2. 


Table  of  Changes.  733 

1883  —  Concluded. 

CHAPTER  263. 
AN  ACT  RELATING  TO  THE  ADULTERATION  OF  FOOD  AND  DRUGS. 

Amended.      Sts.    1883,    c.    263,    §    1 ;    1884,    c.   289 ;    1886,  c.   171. 
Affected.     St.  1885,  c.  352,  §  5.     P.  S.,  c.  208. 

CHAPTER  268. 

AN  ACT  TO  PROVIDE  FOR  THE  CORRECTION  OF  OMISSIONS  IN  THE 
REGISTRATION   OF   VOTERS. 

Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 

CHAPTER  270. 

AN  ACT  FOR  THE  BETTER  PROTECTION  OF  CHILDREN. 

Section  4,  amended.     Sts.  1884,  c.  210  ;  1885,  c.  176.     P.  S.,  c.  48. 

CHAPTER  274. 

AN   ACT    CONCERNING   TRANSPORTATION   OF    LOGS    AND    TIMBER 
UPON   THE   CONNECTICUT   RIVER. 

Section  2,  repealed.     St.  1883,  c.  183,  §  3.     P.  S.,  c.  94. 


Statutes,  1883. 

CHAPTER  33. 
AN  ACT  RELATING  TO  RE-INSURANCE,  Etc. 
Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   36. 

AN  ACT  IN    RELATION    TO  THE    TAKING  AND    KILLING  OF  CER- 
TAIN UNDOMESTICATED   BIRDS. 

Repealed.     St.  1886,  c.  276.     P.  S.,  c.  92. 

CHAPTER  52. 

AN  ACT  TO  EXTEND  THE  TBIE  AVITHIN  WHICH  SAVINGS  BANKS 
MAY   SELL   CERTAIN   REAL   ESTATE. 

Amended.     Sts.  1883,  c.  248  ;  1886,  c.  77.     P.  S.,  c.  116. 

CHAPTER  54. 

AN  ACT  RELATING  TO  THE  SALARY  OF  THE  MESSENGER  OF  THE 
SUPERIOR  COURT  IN  THE  COUNTY  OF  SUFFOLK. 

Superseded.     St.  1886,  c.  37.     P.  S.,  159. 


734  Public  Statutes. 

1883  —  Continued. 

CHAPTER  80. 

AN    ACT    PROVIDING    A    CLERK    FOR    THE    DISTRICT    COURT    OF 

HAMPSHIRE. 

Section  2,  superseded.     St.  1886,  c.  106.     P.  S.,  c.  154. 

CHAPTER  101. 

AN  ACT  RELATING  TO  THE  TIME  WITHIN  WHICH  A  CITY  OR 
TOWN  SHALL  SELL  REAL  ESTATE  HELD  UNDER  A  SALE  OR 
TAKEN  FOR  NON-PAYMENT  OF  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER  107. 

AN    ACT    IN   RELATION  TO  DEPOSITS    IMADE   BY   FOREIGN  INSUR- 
ANCE  COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  117. 
AN  ACT   TO   PROMOTE    SAFETY  AT    RAILROAD  GRADE   CROSSINGS. 
Amended.     St.  1888,  c.  240.     P.  S.,  c.  112. 

CHAPTER  124. 

AN  ACT  RELATING  TO  THE  REMOVAL  AND  TRANSPORTATION  OF 
CERTAIN  BODIES  FOR  BURIAL. 

Section  2,  amended.     St.  1887,  c.  335.     P.  S.,  c.  32. 

CHAPTER  126. 

AN  ACT  TO  CHANGE  THE  BASIS  UPON  WHICH  THE  INSURANCE 
COMMISSIONER  SHALL  CO:\IPUTE  THE  AMOUNT  NECESSARY 
TO   REINSURE,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  157. 

AN    ACT    RELATING    TO     THE     EMPLOYMENT    OF    MINORS     AND 

WOMEN. 

Limited.     St.  1884,  c.  275,  §  4.     P.  S.,  cc.  48,  74. 

CHAPTER  164. 

AN  ACT    AUTHORIZING    THE    TREASURER    TO    EMPLOY  AN  ADDI- 
TIONAL CLERK. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 


Table  op  Changes.  735 

1883  —  Continued. 

CHAPTER  187. 

AN   ACT    IN  RELATION    TO  BOARDING    HOUSES    AND    BOARDING- 
HOUSE  KEEPERS. 

Amended.     St.  1884,  c.  169.     P.  S.,  c.  102,  §  13. 

CHAPTER  216. 

AN    ACT  IN    RELATI0:N     TO    THE    COMPENSATION   OF    ASSESSORS, 
MASTERS   IN   CHANCERY   AND   SPECIAL  MASTERS. 

Amended.     Sts.  1886,  c.  51  ;  1887,  c.  289.     P.  S.,  c.  159. 

CHAPTER  217. 
AN  ACT  RELATING   TO   THE   EMPLOYMENT  OF  PRISONERS. 

Superseded.    St.   1887,  c.  447,   §  8.     Affected.     St.    1888,  c.  403,  §  2. 
P.  S.,  cc.  220,   221. 

CHAPTER  218. 

AN  ACT  TO  REGULATE  THE  SALE  OF  COAL  BY  MEASURE. 

Amended.     St.  1884,  c.  70.     P.  S.,  c.  60,  §  82. 

CHAPTER  223. 

AN  ACT   GRANTING   JURISDICTION    IN  EQUITY  TO  THE    SUPERIOR 

COURT. 

Section  5,  amended.     St.  1884,  c.  316.     P.  S.,  c.  151. 

CHAPTER  224. 

AN  ACT  RELATING  TO  THE   EMPLOYMENT  OF    CHILDREN  IN  MAN- 
UFACTURING AND  OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48. 

CHAPTER  229. 

AN    ACT    AUTHORIZING    MODERATORS    AND    TOWN    CLERKS    TO 
APPOINT   TELLERS   IN   TOWN   MEETINGS. 

Amended.     St.  1885,  c.  261.     P.  S.,  c.  7. 

CHAPTER  230. 
AN  ACT  CONCERNING  DRESSED  POULTRY. 

Repealed.     St.  1887,  c.  94.     P.  S.,  c.  58. 


736  Public  Statutes. 

1883  —  Concluded. 

CHAPTER  235. 

AN    ACT     CONCERNING    THE    ADMINISTRATION    OF     THE     STATE 
DEPARTMENT    OF   INSURANCE. 

Repealed.     St.  1887,  c  214,  §  112.     P.  S.,  c.  119. 


CHAPTER  239. 

AN  ACT   CONCERNING  THE  MASSACHUSETTS  SCHOOL  FOR  IDIOTIC 
AND  FEEBLE-MINDED   YOUTH. 


In  part  repealed.     St.  1886,  c.  298.     P.  S.,  c.  87. 


CHAPTER  244. 

AN  ACT  TO  ESTABLISH  THE   SALARY  OF  THE  JUDGE  OF  PROBATE 
AND   INSOLVENCY  FOR  THE   COUNTY   OF   ESSEX. 


Superseded.     St.  1888,  c.  112.     P.  S.,  c.  158. 


CHAPTER  251. 

AN    ACT    TO    SECURE    BETTER    PROVISIONS    FOR    ESCAPE    FROM 
HOTELS  AND  CERTAIN  OTHER  BUILDINGS  IN  CASE  OF  FIRE. 

Affected.     St.  1888,  c.  86.     Section  2,  repealed.     St.  1888,  c.  426,  §  14. 
P.  S.,  e.  104. 

CHAPTER  258. 

AN  ACT  PROVIDING  FOR  THE  DISPOSITION  OF  UNCLAIMED  MONEY 
IN  THE   HANDS   OF   CERTAIN  INSOLVENT   CORPORATIONS. 

In  part  repealed.     Sts.  1886,  c.  300;    1887,  c.  214,  §  114.     P.  S.,  cc. 
116,  119. 

CHAPTER  262. 

AN   ACT   GIVING   TO   A  WIFE    THE   RIGHT    OF   INTERMENT   IN   A 
BURIAL  LOT  OR  TOMB   OWNED  BY  HER  HUSBAND. 


Not  affected  by  St.  1885,  c.  302.     P.  S.,  c.  82. 


CHAPTER  263. 


AN  ACT  TO  AMEND  AN  ACT  RELATING  TO  THE  ADULTERATION  OF 

FOOD  AND  DRUGS. 

Repealed.     St.  1884,  c.  289,  §  6.     P.  S.,  c.  208. 


Table  of  Changes.  737 


Statutes,  1884. 

CHAPTER  4. 

AN  ACT  RP:LATIVE  TO  THE  EMPLOYMENT  OF  A  SECOND  CLERK  IN 
THE  BUREAU  OF   STATISTICS   OF  LABOR. 

Superseded.     St.  1888,  c.  115.     P.  S.,  c.  31. 

CHAPTER  42. 

AN  ACT   TO   AUTHORIZE  TOWNS   TO   VOTE  MONEY  FOR  CERTAIN 
MEMORIAL   PURPOSES. 

Affected.     St.  1886,  c.  76.     P.  S.,  c.  27. 

CHAPTER  45. 

AN  ACT  TO  PROVIDE  FOR  AN  ALLOWANCE  TO  CERTAIN  OFFICERS 
IN  THE   VOLUNTEER  INIILITIA. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER  55. 

AN   ACT  RELATING  TO  THE  PAVEMENT  BY  INSURANCE  COMPANIES 
FOR  THE   VALUATION   OF  THEIR   POLICIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  56. 

AN   ACT   TO   LIMIT   THE  LIABILITY  WHICH  MAY  BE  INCURRED  BY 
ANY   ONE  PERSON   TO   SAVINGS   BANKS. 

Repealed.     St.  1884,  c.  168.     P.  S.,  c.  116,  §  20. 

CHAPTER  58. 

AN   ACT  IN  RELATION  TO   STATEIMENTS  MADE  BY  FOREIGN  FIRE 
INSURANCE  COJNH^ANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  64. 

AN  ACT    TO    PREVENT    THE    SPREAD    OF    CONTAGIOUS    DISEASES 
THROUGH  THE   PUBLIC   SCHOOLS. 

Amended.     St.  1885,  c.  198.     P.  S.,  c.  47. 

CHAPTER  74. 

AN  ACT  AUTHORIZING   INSURANCE   CO.AIPANIES   TO   ELECT  THEIR 
DIRECTORS   BY  CLASSES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  e.  119. 


738  Public  Statutes. 

1884  —  Continued. 

CHAPTER  79. 

AN   ACT   TO   FIX   THE  SALARY   OF  THE   SECRETARY   OF  THE  COM- 
MONWEALTH. 

Superseded.     St.  1887,  c.  385.     P.  S.,  c.  15. 

CHAPTER  88. 

AN  ACT  REQUIRING  NOTICE  TO  AUTHORITIES  OF  CITIES  AND 
TOWNS  UPON  APPLICATIONS  FOR  COIMMITMENT  OR  ADMISSION 
TO   THE   MASSACHUSETTS   SCHOOL   FOR  THE  FEEBLE-MINDED. 

Repealed.     St.  1886,  c.  298.     P.  S.,  c.  87. 

CHAPTER  95. 

AN   ACT  IN    RELATION  TO   THE    SALARY    OF    THE    ENGINEER    OF 
THE  STATE  PRISON   AT   CONCORD. 

Repealed  so  far  as  incousistent  with  St.  1888,  c.  264.     P.  S.,  c.  221. 

CHAPTER   118. 

AN  ACT  RELATING    TO    THE    EXPENSE   OF    RECORDING    PROBATE 
PROCEEDINGS   IN  THE   COUNTY   OF   SUFFOLK. 

Repealed.     St.  1887,  c.  217.     P.  S.,  c.  156. 

CHAPTER   119. 

AN   ACT   IN  RELATION   TO  DEPOSITS  MADE  BY  DOMESTIC  INSUR- 
ANCE  COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER    120. 
AN  ACT  RELATING  TO  THE  REINSURANCE   OF   RISKS,  Etc. 
Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER    125. 
AN   ACT  RELATING  TO   THE  DIVISION   OF   CITIES   INTO  WARDS. 
Repealed.     St.  1888,  c.  437,  §  6.     P.  S.,  c.  28. 

CHAPTER   154. 

AN  ACT  TO  PREVENT  THE  POLLUTION    OF    SOURCES    OF   WATER 

SUPPLY. 

Affected.     St.  1886,  e.  274.     P.  S.,  c.  80. 


Table  of  Changes.  739 

1884  —  Continued. 

CHAPTER   162. 

AX  ACT    RELATIVE     TO    THE    DISPOSITION    OF    RESIDUES    FROM 
SALES   OF   REAL   ESTATE   FOR  UNPAID   TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER   16G. 

AN    ACT    RELATING    TO    THE    PRINTING   AND    DISTRIBUTION    OF 
THE   LAWS   AND  PUBLIC  DOCUMENTS.       " 

Repealed.     St.  1885,  c.  369,  §  4.     P.  S.,  c.  4. 

CHAPTER   168. 

AN    ACT    IN    RELATION    TO    INVESTMENTS   ON    PERSONAL    SECU- 
RITIES BY   SAVINGS  BANKS. 

Affected.     St.  1886,  c.  69.     P.  S.,  c.  116. 

CHAPTER   171. 

AN  ACT    TO    LIINIIT   THE     TIME   WITHIN    WHICH    TROUT,    LAND- 
LOCKED  SALMON  AND   LAKE  TROUT  MAY  BE   TAKEN. 

Amended.     St.  1888,  e.  276.     P.  S.,  c.  91. 

CHAPTER   174. 

AN   ACT  TO  PROVIDE  FOR  THE  PUNISHMENT   OF  EMBEZZLEMENT 
BY   OFFICERS  AISD   SERVANTS   OF   VOLUNTARY  ASSOCIATIONS. 

Affected.     St.  1886,  c.  328.     P.  S.,  c.  203. 

CHAPTER  177. 

AN  ACT  TO  AUTHORIZE  MARINE  INSURANCE  COMPANIES  WITH 
THE  REQUISITE  CAPITAL  TO  INSURE  AGAINST  LOSS  OR 
DAMAGE   BY   FIRE   AND  LIGHTNING. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   178. 

AN   ACT  IN  RELATION    TO    FIRE    AND  MARINE    INSURANCE  COM~ 

PANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   180. 

AN    ACT    AUTHORIZING    THE    FORMATION  OF    CORPORATIONS    TO 
EXAMINE   AND   GUARANTEE   TITLES   TO  REAL   ESTATE. 

Superseded.     St.  1887,  c.  214,  §§  62,  63.     P.  S.,  c.  106. 


740  Public  Statutes. 

1884  —  Continued. 

CHAPTER  181. 

AN  ACT  TO  PROVIDE   FOR  TAKING   THE  DECENNIAL  CENSUS  AND 
THE  INDUSTRIAL   STATISTICS   OF  THE   COMMONWEALTH. 

In  part  repealed.     St.  1886,  c.  174.     P.  S.,  c.  31. 

CHAPTER   190. 

AN    ACT  RELATLN^G  TO   THE  EXAMINATION  OF   CANDIDATES  FOR 

DISTRICT  POLICE. 

Repealed.     St.  1885,  c.  186.     P.  S.,  c.  103. 

CHAPTER   212. 
AN   ACT   FOR  THE  BETTER    PROTECTION  OF  LOBSTERS. 
Affected.     St.  1885,  c.  256.     Amended.     St.  1887,  c.  314.     P.  S.,  c.  91. 

CHAPTER  215. 

AN  ACT  TO   ESTABLISH   THE   FIRST  DISTRICT   COURT  OF  NORTH 

ERN  WORCESTER. 

Section  3,  amended.     St.  1888,  c.  212.     P.  S.,  c.  154. 

CHAPTER   217. 

AN   ACT   TO  FIX  THE  TIME  OF  FILING  THE   ANNUAL  STATEMENTS 
OF  LNSURANCE   COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


CHAPTP:R   222. 

AN     ACT    REQUIRING    RAILROAD     COMPANIES     TO    USE    SAFETY 
COUPLERS   ON  FREIGHT   CARS. 

Affected.     St.  1886,  c.  242.     P.  S.,  c.  112. 

CHAPTER   223. 

AN  ACT  RELATING  TO  SAFETY  APPLIANCES  IN  HOTELS  AND  PUB- 
LIC BUILDINGS. 

Section  2,  amended.     St.  1888,  c.  86.     P.  S.,  c.  104. 


CHAPTER   226. 
AN  ACT  IN  RELATION  TO    BETTERMENTS,  Etc. 
Affected.     St.  1887,  c.  124.     P.  S.,  c.  51. 


Table  of  Changes.  741 


1884  —  Continued. 

CHAPTER   230. 
AX   ACT   CONCERNING  THE  VOLUNTEER  MILITIA. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14.  ' 

CHAPTER   235 

AN    ACT    TO    PREVENT    DISCRIMINATION    BY    LIFE    INSURANCE 
COMPANIES   AGAINST  PERSONS   OF   COLOR. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   236. 

AN    ACT    TO   PROVIDE    FOR    COMPOSITION    AVITH    CREDITORS    IN 

INSOLVENCY. 

Amended.    St.  1885,  c.  353.    Affected.    St.  1888,  c.  405.    P.  S.,  c.  157. 

CHAPTER   242. 

AN  ACT  CONCERNING   SALES    OF    LAND    BY    CITIES    AND    TOWNS 

FOR  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER   247. 
AN  ACT  EXTENDING  THE   AUTHORITY    TO    SUMMON  WITNESSES. 

Repealed.     St.  1885,  c  141.     P.  S.,  cc.  155,  169. 

-     CHAPTER   255. 
AN  ACT  TO   ESTABLISH  A  REFORMATORY  FOR  MALE  PRISONERS. 

Added  to.  Sts.  1884,  c.  331  ;  1885,  c.  35.  Affected.  St.  1888,  c.  49. 
Sections  33,  34,  affected.  Sts.  1886,  c.  323;  1888,  c.  317.  Sections 
19,  22  are  repealed.  St.  1888,  c.  335,  §  3.  Section  30  is  repealed.  St. 
1888,  c.  337,  §  2.  Sections  28,  30,  amended.  St.  1888,  c.  403,  §  7. 
P.  S.,  c.  221. 

CHAPTER   275. 

AN   ACT  RELATING  TO   THE    EMPLOYMENT  OF    MINORS    IN    MER- 
CANTILE  ESTABLISHMENTS. 

Affected.     St.  1886,  c.  90.     P.  S.,  c.  74. 

CHAPTER   282. 
AN  ACT  FOR  THE  PROTECTION  OF  GAME,  Etc. 
Repealed.     St.  1887,  c.  111.     P.  S.,  c  92. 


742  Public  Statutes. 

1884  —  Continued. 

CHAPTER   284. 
AN  ACT  RELATING  TO  THE  PLANTING  AND  GROWING  OF  OYSTERS. 
Affected.     St.  1885,  c.  220,  §  1.     P.  S.,  c.  91. 

CHAPTER   296. 

AN  ACT  RELATING  TO  THE  FORMATION  OF  COMPANIES  TO   GUAR- 
ANTEE THE  FIDELITY   OF  PERSONS,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   298. 

AN  ACT  TO   ASCERTAIN  BY  PROPER  PROOFS  THE  CITIZENS   WHO 
ARE   ENTITLED   TO   THE  RIGHT   OF   SUFFRAGE. 

Sections  11,  12,  amended.  St.  1888,  c.  200.  Section  14,  affected.  St. 
1887,  c.  432.  Section  25,  amended.  St.  1885,  c.  271,  §  6.  Section  28, 
amended.     St.  1886,  c.  68.     P.  S.,  c.  6. 

CHAPTER   299. 

'an  act   CONCERNING  ELECTIONS   AND   VOTING   THEREIN. 

Section  27,  limited.  St.  1888,  c.  353.  P.  S.,  c.  7.  Amended.  St. 
1885,  cc.  5,  351.    Sections  14-17,  extended.    St.  1887,  c.  443.    P.  S.,  c.  7. 

CHAPTER   307. 
AN  ACT  TO  PREVENT   THE   ADULTERATION  OF  VINEGAR. 
Section  2,  amended.     St.  1885,  c.  150.     P.  S.,  c.  60. 

CHAPTER  310. 

AN  ACT  ^  IN  RELATION   TO  THE    INSPECTION  AND   SALE   OF  :MILK 

AND   BUTTER. 

Section  1,  amended.  St.  1886,  c.  317.  P.  S.,  c.  56.  Sections  3,  4, 
amended.     St.  1886,  c  318.     P.  S.,  c.  57. 

CHAPTER  318. 
AN  ACT   TO   PREVENT   THE  USE   OF   NETS   IN  PONDS. 
Section  3,  not  affected.     St.  1886,  c.  234.     P.  S.,  c.  91. 


Table  of  Changes.  713 

1884  —  Concluded. 

CHAPTER   319. 

AN  ACT  PROVIDING  FOR  THE  COMPENSATION  OF  MEMBERS  OF  THE 

LEGISLATURE. 

Superseded.     St.  1886,  c.  352.     P.  S.,  c.  2. 

CHAPTER  320. 

AN   ACT    TO    liAIPROVE    THE    CIVIL    SERVICE    OF    THE    COMMON- 
WEALTH  AND   THE   CITIES   THEREOF. 

Amended.     Sts.  1887,  c.  437;  1888,  c.  41.     Section  19,  amended.     St. 
1888,  c.  253. 

CHAPTER  330. 

AN  ACT   CONCERNING  FOREIGN   CORPORATIONS  HAVING  A  USUAL 
PLACE   OF  BUSINESS   IN   THIS   COM^IONWEALTH. 

Affected.     St.  1886,  c.  230.     P.  S.,  c.  105. 


Statutes,  1885. 

CHAPTER  5. 
AN  ACT   CONCERNING   ELECTIONS   IN  TOWNS. 
Amended.     St.  1885,  c.  351.     P.  S.,  c.  7. 

CHAPTER  15. 

AN  ACT   PROVIDING  FOR  ADDITIONAL    CLERICAL  ASSISTANCE   IN 
THE   OFFICE   OF   THE    TREASURER. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 

CHAPTER  52. 

AN  ACT  IN  RELATION  TO   CLERICAL  ASSISTANCE  FOR  THE  COM- 
MISSIONERS  OF   PRISONS. 

Repealed,     St.  1888,  c.  328.     P.  S.,  c.  219. 

CHAPTER  79. 

AN   ACT   TO   ESTABLISH   THE   SALARY   OF   THE   JUSTICE    OF    THE 
^MUNICIPAL   COURT   OF   THE   DORCHESTER  DISTRICT. 

Affected.     St.  1886,  c.  124.     P.  S.,  c.  154. 


744  Public  Statutes. 

1885  —  Continued. 

CHAPTER  144. 

AN   ACT  RESPECTING  COMPLAINTS  IN  CERTAIN  CRIMINAL  PROSE- 
CUTIONS. 

Repealed.     St.  1886,  c.  53.     P.  S.,  c.  213. 

CHAPTER  147. 
AN  ACT  RELATING  TO  RENT  OF  ARMORIES. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER  148. 

AN   ACT  TO  AID  IN  THE  SUPPRESSION  OF  CONTAGIOUS  DISEASES 
AMONG  DOMESTIC   ANIMALS. 

Repealed.     St.  1887,  c.  252,  §  24.     P.  S.,  c.  90. 

CHAPTER  194. 

AN  ACT   TO   PROMOTE   THE  ABOLITION  OF   GRADE   CROSSINGS  BY 
RAILROADS   AND   HIGHWAYS. 

Section  4,  amended     St.  1887,  c.  295.     P.  S.,  c.  112. 

CHAPTER   204. 
AN   ACT  IN  RELATION  TO   THE  PAYMENT   OF   STATE   AID,  Etc. 
In  part  repealed.     St.  1887,  c.  122.     P.  S.,  c.  30. 

CHAPTER  205. 

AN  ACT  RELATING  TO  CLERICAL  ASSISTANCE  IN  THE  OFFICE 
OF  THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE 
COUNTY   OF   SUFFOLK. 

Section  1  is  amended.     St.  1888,  c.  280.     P.  S.,  c.  158. 

CHAPTER   220. 

AN  ACT  IN  RELATION   TO    LICENSES   TO   PLANT,  GROW  AND  DIG 
OYSTERS,  AND   TO   THE   TAKING  OF   SCALLOPS. 

Section  4,  repealed.     St.  1887,  c.  96.     P.  S.,  c.  91. 

CHAPTER   222. 

AN    ACT     RELATING    TO     THE     EMPLOYMENT    OF    CHILDREN    IN" 
]\IANUFACTUR1NG  AND   OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48. 


Table  of  Changes.  745 

1885  —  Continued. 

CHAPTER  236. 
AX  ACT   CREATIXCx   THE   AMBULANCE  CORPS,   Etc. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  U. 

CHAPTER   238. 

AN    ACT    RELATING    TO    THE     TAXATION    OF    TELEPHONE    COM- 
PANIES. 

Amended.     St.  1886,  c.  270.     P.  S.,  c.  13. 

CHAPTER  241. 

AN  ACT  IN  RELATION   TO    FOREIGN    FIDELITY    ASSURANCE   CO:\r- 

PANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   271. 

AN   ACT  RELATING  TO  THE  ASSESSMENT  AND  REGISTRATION  OF 

VOTERS. 

Section  1,  amended.     St.  1886,  c.  68.     P.  S.,  c.  6, 

CHAPTER   291. 

AN  ACT   PROVIDING  FOR  THE   APPOIXTMEXT   OF  OFFICIAL   STEX- 
0(iRAPHERS   FOR  THE   SUPERIOR   COURT. 

Amended,    "^t.  1887,  c.  74.    P.  S.,  c.  159. 

CHAPTER   292. 
AN  ACT  IX  RELATIOX  TO   THE   LICEXSIXG  OF  DOGS. 
Limited.     St.  1887,. c.  307.     P.  S.,  c.  102. 

CHAPTER   300. 

AX  ACT  RELATIXG  TO  INSURAXCE  BY  FOREIGN  IXSURAXCE 

COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  308. 

AN  ACT  TO  ALLOW  INSURANCE  COMPANIES  TO  IMAKE  ADDITIONAL 
INVESTMENTS  OF   THEHI   CAPITAL   STOCK. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


746  Public  Statutes. 

1885  —  Continued. 

CHAPTER   309. 

AX   ACT  AUTHORIZING  CITIES   AND   TOWNS   TO   LICENSE  GROVES, 

Etc. 

Extended.     St.  1887,  c.  445.     P.  S.,  c.  102. 

CHAPTER   313. 
AN  ACT  TO  ESTABLISH  A  BOARD  OF  REGISTRATION  IN  PHARMACY. 
Section  3,  repealed.     St.  1887,  c.  267. 

CHAPTER   314. 
AN  ACT   TO   ESTABLISH   A    BOARD  OF   GAS   COMMISSIONERS. 

Affected.     St.  1886,  c.  346.     Sections   6,  7,   9,  12,    13,   14,  extended. 
St.  1887,  c.  382.     P.  S.,  c.  61. 

CHAPTER   326. 

AN  ACT   TO   PREVENT    THE    CONSTRUCTION    OF    WOODEN    FLUES 
FOR   HEATING  OR  VENTILATING  PURPOSES. 

Repealed.     St.  1888,  c.  426,  §  14.     P.  S.,  c.  104. 

CHAPTER   341. 
AN  ACT  RELATING  TO   WRECKS  AND   SHIPWRECKED   GOODS. 
Repealed.     St.  1887,  c.  98,  §  16.     P.  S.,  c.  97. 

CHAPTER  345. 
AN  ACT  IN   RELATION  TO  NATURALIZATION. 

Amended.    St.  1886,  cc.  45,  203.    Section  5,  amended.    St.  1887,  e.  36. 
Section  7,  repealed.     St.  1887,  c.  329.     P.  S.,  c.  160. 

♦  CHAPTER   352. 

AN  ACT  VS  RELATION   TO   THE    INSPECTION  AND   SALE   OF   IMILK 

AND  BUTTER. 

Amended.     St.  1886,  cc.  317,  318.     P.  S.,  cc.  56,  57. 

CHAPTER   353. 

AN   ACT    RELATING    TO    COMPOSITION    WITH    CREDITORS    IN    IN- 
SOLVENCY. 

Affected.     St.  1888,  c.  405.     P.  S.,  c.  157. 


Table  of  Changes.  747 

1885  —  Oondaded. 

CHAPTER   354. 

AX  ACT   TO   AUTHORIZE  THE   FORMATION    OF    MUTUAL   FIRE   IN- 
SURA^X'E   COMPANIES   WITH  A   SUBSCRIPTION   FUND. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   369. 

AN     ACT    CONCERNING    THE     PRINTING    AND    DISTRIBUTION    OF 
CERTAIN   REPORTS   AND   PUBLIC   DOCUMENTS. 

Affected.     St.  1888,    c.    256.     In  part  superseded.     St.   1888,  c.    191. 
P.  S.,  c.  4. 


Statutes,   1886. 

CHAPTER   31. 

AN     ACT    TO    INCREASE    THE    NUMBP^R    OF    ASSOCIATE    JUSTICES 
OF   THE  SUPERIOR   COURT. 

Superseded.     St.  1888,  c.  58.     P.  S.,  c.  152. 

CHAPTER   38. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  IN  THE 
OFFICE  OF  THE  TREASURER  AND  PROVIDE  FOR  THEIR  PROPER 
DESIGNATION. 

Affected.     St.  1886,  c   334.     P.  S.,  c.  16. 

CHAPTER  51. 
AN  ACT  IN  RELATION   TO  THE   COMPENSATION  OF  REFEREES,  Etc. 
Amended.     St.  1887,  c.  289.     P.  S.,  c.  188. 

CHAPTER   63. 

AN   ACT  IN  AJVIENDMENT  OF  CHAPTER  FOURTEEN  OF  THE  PUBLIC 

STATUTES,  Etc 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   85. 

AN     ACT    GIVING    ADDITIONAL    TIME    FOR    THE    ASSESSMENT   OF 
TAXES   IN   CERTAIN   CASES. 

Superseded.     St.  1888,  c.  362.     P.  S.,  c.  11. 


748  Public  Statutes. 

1886  —  Continued. 

CHAPTER   87. 

AX  ACT  TO  PROVIDE  FOR  THE  WEEKLY  PAYMENT  OF  WAGES  BY 

CORPORATIONS. 

Amended.     St.  1887,  c.  399.     P.  S.,  c.  74. 

CHAPTER   90. 

AN  ACT  TO  AMEND  SECTION  FOUR  OF  CHAPTER  SEVENTY-FOUR 
OF  THE  PUBLIC  STATUTES  RELATIVE  TO  THE  PRINTED  NOTICE 
REQUHIED   IN  MANUFACTURING  ESTABLISHMENTS. 

Repealed.     St.  1887,  c  280,  §  2.     P.  S.,  c.  74. 

CHAPTER   105. 

AN  ACT  TO  ENABLE  THE  QUARTERMASTER-GENERAL  TO  REQUIRE 
ANNUAL  RETURNS,  Etc. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER    130. 

AN  ACT  RELATING  TO   THE   SALARIES   OF   CERTAIN   COURT   OFFI- 
CERS IN  THE   COUNTY   OF   SUFFOLK. 

Ill  part  superseded.     St.  1888,  c.  195.    P.  S.,  c.  154. 

CHAPTER    169. 

AN  ACT  RELATING  TO  THE  RETURN  OF   FEES,  COSTS,  FINES,  FOR- 
FEITURES AND   OTHER  MONEYS   BY   CERTAIN   OFFICERS. 

Repealed.     St.  1887,  c.  438,  §  8.     P.  S.,  c.  16. 

CHAPTER   187. 

AN  ACT  ESTABLISHING  THE  SALARIES  OF  CERTAIN  CLERKS,  Etc., 
IN  THE  DEPARTMENT  OF  THE  INSURANCE  COMMISSIONER. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   192. 

AN  ACT  FOR  THE  PROTECTION   OF  THE   FISHERIES  IN  BUZZARD'S 

BAY. 

Section  4,  amended.     St.  1887,  c.  197.     P.  S.,  91. 

CHAPTER   222. 

AN    ACT    EXTENDING    THE    POWERs'  OF     CERTAIN     INSURANCE 

COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


Table  of  Changes.  749 

1886  —  Continued. 

CHAPTER   241. 

AN  ACT  TO   PROVIDE  FOR  THE   CARE  AND   EDUCATION  OF   CHIL- 
DREN WHO   ARE  BOTH   DEAF-MUTES  AND  BLIND. 

Repealed.     Sts.  1887,  c.  179,  §  2  ;  1888,  c.  239.     P.  S.,  c.  41. 

CHAPTER   263. 
AN  ACT  TO  PROVIDE   FOR  A  STATE   BOARD   OF  ARBITRATION,  Etc. 

Amended.     St.  1887,  c.  269.     Section  1,  amended.     St.  1888,  c.  261. 
P.  S.,  c.  74. 

CHAPTER   264. 

AN  ACT  TO   PROVIDE  FOR  PRECINCT   VOTING  IN  TOWNS. 

Affected.     St.  1888,  c.  146.     P.  S.,  c.  7. 

CHAPTER   274. 
AN  ACT   TO  PROTECT   THE  PURITY  OF   INLAND   WATERS. 
Repealed.     St.  1888,  c.  375.     P.  S.,  c.  80. 

CHAPTER   276. 
AN  ACT  FOR  THE   BETTER  PRESERVATION  OF   BIRDS  AND   GAME. 

Section  6,  limited.     St.  1887,  c.  300.     Section  1,  amended.     St.  1888, 
c.  292.     P.  S.,c.  92. 

CHAPTER  295. 

AN  ACT  TO  ESTABLISH  THE  OFFICE   OF   AUDITOR  IN  TOWNS. 

Amended.     St.  1888,  c.  221.     P.  S.,  c.  27. 

CHAPTER  298. 

AN   ACT    CONCERNING    THE    MASSACHUSETTS    SCHOOL    FOR   THE 

FEEBLE-MINDED. 

Section  4,  repealed.     St.  1887,  c.  123.     P.  S.,  c.  87. 

CHAPTER  305. 
AN   ACT  CONCERNING  THE  PUNISHMENT  OF  RAPE. 
Amended.     St.  1888,  c.  391.     P.  S.,  c.  202. 

CHAPTER  320. 

AN  ACT    CONCERNING    SALES    OF  LAND  BY  CITIES    AND    TOWNS 

FOR  TAXES. 

Repealed.     St.  1888,  c.  390,  §  96.     P.  S.,  c.  12. 


750  Public  Statutes. 

1886  —  Concluded. 

CHAPTER  346.  ^ 

AN  ACT  IN  RELATION  TO  GAS  COMPANIES 

Sections  1,   2,   5,  extended.     St.   1887,  c.   382.     Section  2,  amended. 
St.  1888,  c.  122.     P.  S.,  c.  61. 


Statutes,  1887. 

CHAPTER  38. 
AN  ACT  REGULATING  THE  SALE  AND  PURCHASE  OF  POISONS. 
Repealed.     St.  1888,  c.  209,  §  2.     P.  S.,  c.  208. 

CHAPTER  96. 
AN  ACT  RELATING  TO  THE  TAKING  OF  SCALLOPS. 
Section  1,  limited.     St.  1888,  c.  238.     P.  S.,  c.  91. 

CHAPTER  103. 

AN  ACT  TO  SECURE  PROPER  SANITARY  PROVISIONS  IN  FACTORIES 

AND   WORKSHOPS. 

Amended.     St.  1888,  c.  305.     P.  S.,  cc.  48,  74. 


CHAPTER   110. 

AN  ACT  IN  RELATION  TO  THE  ACCOUNTS  OF  COLLECTORS  OF 

TAXES. 


Superseded.     St.  1888,  c.  385.    P.  S.,  c.  12. 

CHAPTER   112. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  CLERK  OF  COURTS 
FOR   THE   COUNTY   OF  DUKES   COUNTY. 

Superseded.     St.  1888,  c.  257.     P.  S.,  c.  159. 

CHAPTER   142. 

AN  ACT  RELATING  TO  THE  COLLECTION  OF  TAXES  ASSESSED 
UPON  THE  SHARES  OF  BANKS  LOCATED  WITHIN  THIS  COM- 
MONWEALTH. 


Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 


Table  of  Changes.  751 

1887  —  Continued. 

CHAPTER   179. 

AX  ACT    TO    PROVIDE    FOR    THE    FREE    INSTRUCTION    OF    DEAF- 
MUTES   OR  DEAF   CHILDREN. 

Repealed.     St.  1888,  c.  239.     P.  S.,  c.  41. 

CHAPTER  196. 
AN  ACT  RELATING  TO   INVESTMENTS   BY   SAVINGS   BANKS. 
Amended.     St.  1888,  c.  213.     P.  S.,  c.  116. 

CHAPTER  214. 

AN  ACT   TO   AMEND  AND   CODIFY  THE   STATUTES    RELATING    TO 

INSURANCE. 

Limited.  St.  1888,  c.  429,  §  19.  Section  5,  amended.  St.  1888,  c.  84. 
Section  31,  amended.  St.  1888,  c.  141.  Section  60,  added  to.  St.  1888, 
c.  151.     P.  S.,  c.  119. 

CHAPTER   215. 

AN  ACT  TO  SECURE  UNIFORM  AND  PROPER  MEAL  TIMES  FOR 
CHILDREN,  YOUNG  PERSONS  AND  WOMEN  EMPLOYED  IN 
FACTORIES  AND   WORKSHOPS. 

Amended.     St.  1887,  c.  330.     P.  S.,  c.  74. 

CHAPTER  219. 

AN  ACT  TO  AMEND  SECTION  TWENTY-THREE  OF  CHAPTER  ONE 
HUNDRED  AND  FOUR  OF  THE  PUBLIC  STATUTES,  RELATING 
TO  THE  AUTHORITY  OF  INSPECTORS  OF  FACTORIES  AND 
PUBLIC   BUILDINGS. 

Repealed.     St.  1887,  c.  276.     P.  S.,  c.  104. 

CHAPTER   234. 

AN     ACT     TO     PROVIDE    FOR    THE     APPOINTMENT     OF     POLICE 

MATRONS,  Etc. 

Extended.     St.  1888,  c.  181.     P.  S.,  c.  220. 

CHAPTER  266. 

AN  ACT  TO  AMEND  PUBLIC  STATUTES,  CHAPTER  EIGHTY-ONE. 
SECTION  FIFTY-ONE,  RELATIVE  TO  (ilVINCr  NOTICES  TO  THE 
OVERSEERS  OF  THE  POOR  OF  CITIES  AND  TOWNS  RELATIVE 
TO  COMMITMENTS   TO  THE  INDUSTRIAL   OR   REFOIUI   SCHOOL. 

Repealed.     St.  1888,  c.  248,  §  2. 


752  Public  Statutes. 

1887  —  Continued. 

CHAPTER   269. 

AX  ACT    TO    AMEXD   AX    ACT  TO    PROVIDE   A   STATE    BOARD    OF 

ARBITRATIOX,   Etc. 

Section  1,  amended.     St.  1888,  c.  261.     P.  S.,  c.  89. 

CHAPTER   270. 

AX  ACT  TO  EXTEXD  AND  REGULATE  THE  LIABILITY  OF  EM- 
PLOYERS TO  MAKE  COMPENSATION  FOR  PERSONAL  INJUTIIES 
SUFFERED   BY  EMPLOYEES  IN  THEIR  SERVICE. 

Section  3,  amended.     St.  1888,  c.  155.     P.  S.,  c.  74. 

CHAPTER   355. 

AN  ACT  IN  RELATION  TO  THE  REMOVAL   OF   SUBORDINATE   OFFI- 
CERS  OF   THE   STATE   PRISON. 

Repealed  so  far  as  inconsistent  witli  St.  1888,  c.  264.     P.  S.,  c.  221. 

CHAPTER   406. 

AN  ACT  PROVIDIXG  FOR  THE  SEIZURE  OF  IMPLEMENTS  AND 
FURNITURE  USED  IN  THE  SALE  OF  INTOXICATING  LIQUOR. 

Amended.     St.  1888,  c.  297.     P.  S.,c.  100. 

CHAPTER  423. 
AN   ACT  RELATING   TO    THE    INVESTMENTS    OF    SAVINGS    BANKS. 
Repealed.     St.  1888,  c.  90.     P.  S.,  c.  116. 

CHAPTER   433. 

AN  ACT  RELATING  TO  THE  EJklPLOYMENT   OF   MINORS  WHO  CAN- 
NOT READ   AND   WRITE   THE   ENGLISH   LANGUAGE. 

Section  1,  repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48. 

CHAPTER   438. 

AN  ACT  TO  PROVIDE  FOR  THE   APPOINTMENT  OF  A  CONTROLLER 
TO  AUDIT   THE   ACCOUNTS   OF  COUNTY   OFFICERS,  Etc. 

Affected.     St.  1888,  c.  275.     P.  S.,  c.  16. 

CHAPTER   443. 

AN  ACT  TO  REQUIRE  AND  REGULATE  THE  USE  OF  SELF-REGIS- 
TERING AND  CANCELLING  BALLoT-BOXES  IN  TAKING  THE 
VOTE  UPON  THE   QUESTION   OF   GRANTING  LIQUOR  LICENSES. 

Repealed.     St.  1888,  c.  434,  §  6.     P.  S.,  c.  100. 


Table  of  Changes.  753 

1887  —  Concluded . 

CHAPTER  447. 

AN  ACT    RELATING  TO   THE    LABOR    OF   THE   PRISONERS   IN  THE 
STATE  PRISON,  REFORMATORIES  AND  HOUSES  OF  CORRECTION. 

Affected.  St.  1888,  c.  403,  §  1.  Amended.  St.  1888,  c.  22.  Section 
7,  repealed.  St.  1888,  c.  403,  §  6.  Section  12,  amended.  St.  1888, 
c.  403,  §  4.     P.  S.,  CO.  220,  221. 


Statutes,  1888. 

CHAPTER  .22. 

AN  ACT  TO  DEFINE   THE   MEANING   OF   THE   WORDS  "  CONTRACT 
FOR  THE  LABOR  OF  PRISONERS,"   Etc. 

Amended.     St.  1888,  c.  403,  §  5.     P.  S.,  cc.  220,  221. 

CHAPTER  148. 

AN  ACT  IN  RELATION  TO  AFFIDAVITS  OF  NOTICE  OF  APPOINT- 
MENT AND  SALES  OF  REAL  ESTATE  BY  ADMINISTRATORS  AND 
EXECUTORS. 

Affected.     St.  1888,  c.  380.     P.  S.,  cc  132,  134. 

CHAPTER  207. 

AN  ACT  TO  AMEND  SECTION  TWENTY  OF  CHAPTER  ONE  HUN- 
DRED AND  FOUR  OF  THE  PUBLIC  STATUTES  SO  AS  TO  PRO- 
VIDE  FOR  FIRE-RESISTING  CURTAINS  IN   THEATRES. 

Repealed.     St.  1888,  c.  426,  §  14.     P.  S.,  c.  104  . 


A   TABLE 


SHOWING 


THE  SUBJECTS  OF  LEGISLATION  SINCE  THE  PUBLIC  STAT- 
UTES, WITH  REFERENCE  TO  THE  CHAPTERS  OF  THE 
PUBLIC  STATUTES. 


c.  164 


74 


ABSENT  DEPENDANTS. 

notice  where  real  estate  U  attached 
ACCIDENTS. 

notice  of 

ACCOUNTS. 

controller  of ^   jg 

number  of  his  reports  to  be  printed  '.  c  4 

contents  of  report c  16 

of  assifrnees  to  be  sworn  to  .    '.    '.    *  c  157 

of  fines,  etc .*  c  16 

of  public  institutions    .....'.  c  16 

ADMINISTRATORS. 

appointment  witliout  notice .    .    .     .  c  130 

bond  without  sureties c'  130 

after  twenty  years .'  c  130 

public    funds    received    from,    how 

claimed ^^  231 

ADULTERATION. 

of  butter 

of  food  and  drugs,  analysis 

of  lard    .    ,    ...    .    . 

of  milk 

of  vinegar 

powers  of  inspector.    .'....'.     c  58 

report  of  state  board     ....    cc.'ss  208 
ADVANCES.  '      ' 

to  state  officers  for  small  expenses     .     c  16 

for  witness  fees c.  154 

AGENT  FOR  PENSIONS,  ETC. 

to  be  appointed (._  30 

AGREEMENT. 

to  make  will  must  be  in  writing    .    .     c  78 
AGRICULTURE,   BOARD   OF 

allowance  for  clerks c  20 

salary  for  secretary      .....'.     c!  20 

number  of  reports  of  secretary  to* be' 

printed (,4 

salary  for  clerk ."    !     c.  20 

AGRICULTURE. 

appropriation   by  United  States  ac- 
cepted   (..20 

board  of  control  incorporated   .    ,"    .'     c!  20 

members  of (..20 

experiment  station  .    .    ..!.'.     c*  20 


.  .  0.56 
cc.  58,  208 
.  .  c.  56 
.  .  c.  57 
60 


ALMSHOUSE. 

persons   leaving  and  begging  pun- 

,       '-^hed c.  86 

transfer  of  inmates c.  86 

trustees (,[  gg 

ALMSHOUSE,   STATE. 

superintendent    ana    resident    phy- 
sician    dQ 

ANIMALS. 

See  Contagious  Diseases. 
See  Deer. 
ANNUAL  FINANCIAL  ESTIMATES, 

c.  16 
APOTHECARY. 

See  Pharmacy. 
APPEALS. 

costs  on  frivolous c.  151) 

failure  to  enter c.'  150 

from  orders  of  boards  of  health     '.    .     c.  80 
probate (,   jgg 

APPORTIONMENT. 

of  taxes. 

See  Taxes. 

APPRAISERS. 

fees c.  199 

ARBITRATION. 

state  board  of c.  74 

ARBITRATORS. 

fees  to  be  paid  by  county      .     .   cc.  159,  187 

ARMORIES. 

provisions  for c.  14 

ARRESTS. 

nonce  and  examination  required  .    .  c.  162 
absence  or  disability  of  magistrate    .  c.  162 

of  children c.  212 

return  of ',   c.  219 

ASSAYER  OF  LIQUORS. 

duties c.  100 

ASSESSMENT. 

of  voters g  g 

time  extended '    "     c.  II 

See  Taxes. 
for  betterments,  notice  of    ...    ,     c.  51 


756 


Subjects  of  New  Legislation,  1888. 


ASSESSORS. 

compensation  of 

See  Masteks  in  Chancery. 

ASSESSORS  OF  TAXES- 

afce!?s  to  books c.  11 

oath  of c.  27 

over  or  under  valuation  punished     .  c.  21 

to  return  cattle  and  swine     .    .    .    .  c.  11 

to  post  list  of  polls c.  11 

buildings  and  taxpayers c.  11 

when  returns  and  copies  of  valuation 

boolts  are  to  be  deposited  ...  c.  11 
See  Towns  and  Town  Officers. 

ASSIGNMENTS. 

voluntary,  valid c.  157 

notice  to  be  given c.  157 

ASYLUMS. 

tor  chronic  insane c.  87 

ATTACHMENT. 

benctits     in    assessment    insurance 

companies  exempt c.  119 

form  of  bonds  to  dissolve     .    .    .    .  c.  161 

ATTORNEY  GENERAL. 

assistant c.  17 

law  clerk  made  second  assistant  .    .  c  17 

reports  of  capital  trials c.  17 

ATTORNEYS  AT  LAW. 

fee  tor  admission c.  159 

women  may  be c.  159 

women  who  are,  may  be  authorized 

to  administer  oaths,  etc.     .     .     .  c.  159 
cannot  be  judge  in  suit  which  has 

been  before  him c.  159 

AUCTIONEER. 

residence c-  67 

time  of  sale •    •  c.  67 

AUDITOR 

clerks,  salary  of c.  16 

additional  clerk c.  16 

fee  for  rule  to c.  159 

in  towns c.  27 

report  when  submitted  and  abstract,  c.  16 

salary c.  16 

BAIL. 

discharge  of c  163 

fees  for  taking     ........  c.  212 

monej'  for c.  212 

BAKERS. 

selling  on  Lord's  day c.  98 

BALLOTS. 

Australian  system c.  7 

detached  stickers c.  7 

of  women  for  school  committee     .    .  c.  7 

on  license  regulated cc.  7i  100 

recount  of,  candidates  may  be  present,  c.  7 

in  towns c.  7 

registering c.  7 


BANKS. 

taxation  of c. 


13 

BARBED  WIRE  FENCES. 

against  sidewalks  forbidden      ...     c  54 

BASTARD. 

descent  of  lands  of c. 


125 


BASTARDY. 

complaint  to  whom,  and  warrant  by 
whom 


BATHING. 

in  ponds  used  for  water  supplv  for- 
bidden   '    .    .     c.  80 

BEANS. 

weight  of c.  60 

BENEFICIARY  ASSOCIATIONS, 
by    railroad    and    steamboat    em- 
ployees      c.  115 

general  provisions c.  115 

BETTERMENTS. 

may   be  assumed  for  a    release  of 

land  damages c.  .51 

interest  on,  liens  for c.  51 

notic  of  assessment c.  51 

on  county  wavs c.  51 

railroad  crossings c.  112 

BIRDS. 

black  duck c.  92 

English  sparrows  may  be  taken  or 

killed c.  92 

partridges c.  92 

protection  of c.  92 

woodcock c.  92 

BIRTHS. 

records  may  be  copied c,  37 

returns  of,  by  physicians  and  mid- 
wives    c.  32 

BLACK  DUCK. 

protected c  92 

BLOODHOUNDS. 

not  to  be  kept c.  102 

BLUE  BOOK. 

number  to  he  printed c.  4 

BOARD  OF  AGRICULTURE. 

See  Aghiculture,  Board  of. 

BOARD  OF  EDUCATION. 

See  Edication,  Hoard  of. 

BOARDING  AND  LODGING  HOUSES, 
procuring  entertainment  traudulently,  c.  102 
keepers  to  post  notices  of  laws  as  to 

fraud c.  102 

BODIES  FOR  BURIAL. 
See  Burial. 

BONDS. 

examination  of c.  21 

BONDS  AND  NOTES. 

probate,   foreign    fidelity    insurance 

companies  may  be  sureties     .    .  c.  143 
See  Railroads. 
BOUNDARY  OP  STATE     ....       c.  1 

BOUNDARIES. 

of  towns c.  27 

BRIDGES. 

examination  of  railroad c.  112 

fast  driving  over c.  53 

BUILDINGS. 

fire  curtain  in  theatres c.  104 

inspection  of cc.  103,  104 

inspection  of  elevators  and  hatchways,  c.  104 
inspection  of  watchmen,  fire  escapes, 

etc c.  104 

means  of  egress c.  104 

sanitarj'  provisions  and  ventilation    .  c.  104 
unsafe  elevators  to  be  placarded  .    .  c.  104 

watchmen c.  104 

wooden  flues  forbidden c.  104 


Subjects  of  ^New  Legislation,  1888. 


757 


BUREAU  OP  STATISTICS  OF  LABOR. 

cifiKs c.  ii'2 

"of  labor"  added c.  4 

paptTs  may  be  destroj'ed c.  31 

BURGLARY. 

iiiimiimiii  penalty c.  203 

BURIAL   PLACES. 

luiids  lur,  lectived  by  cities  or  towns,     c.  82 

BURIAL. 

ot  unclaimed  bodies c.  84 

pel  niits  to  bury  or  lemove  bodies      .     c.  32 

records  of c.  32 

returns  of  undertakers t.  3:i 

BURIAL  LOT. 

ot  liustiancJ,  rights  of  widow  and  cbil- 

dien  in cc.  82,  144 

BUTTER. 

aauiteiated,  how  marked     ....     c.  56 

false  murks  punished c.  56 

Imilaiicns  ot c.  56 

inspectors'  power c.  56 

See  Cheese. 

CANALS. 

uiKiiig c.  53 

CAPITAL  TRIALS. 

reports  of cc.  4,  17 

special  terms  for c.  150 

CARRIAGES. 

regulauon  of c.  28 

reiusing  to  pay  for c.  203 

CATTLE. 

ceiiincation  of  pedigrees c.  77« 

contagious  diseases  among  .     .     .     .     e.  i^O 

CATTLE    COMMISSIONERS. 

tenuie  ot  ottice c.  90 

to  investigate  abortion  among  cattle,  c.  90 

may  administer  oaths c.  90 

CAUCUSES. 

regulated c.  7 

CEMETERIES. 

closing c.  82 

records  of  titles  of  lots c.  62 

rights  of  widow  and  children   .     .    .  c.  147 

taking  for  railroads c.  Il2 

See  biKiAL  Places. 

CENSUS. 

oi  manufactures  annually    ....     c.  31 

provided  fur c.  3l 

returns  of  inhabitants  and  voters  for 

new  wards c.  28 

CHARITABLE  ASSOCIATIONS, 
lists  oi  property  exempt  fioui  taxa- 
tion   cc.  11,  13 

CHECK  LIST. 

correction  ol C.  6 

how  lung  kept c.  7 

injury  to c.  7 

CHECKS. 

pauioie  after  drawer's  death    .    .    .     c.  77 

CHEESE  AND  BUTTER. 

talse  marks  (junistied c.  56 

powers  of  inspectors c.  56 

what  brands  necessary c.  56 

CHILDREN. 

aoandumnent C.  48 

boys  over  tifieen  not  to  go  to  reform 

school c.  89 


CHILDREN—  Continued. 

cleaning  dangerous  machinery      .  cc.  48,  74 

deaf-mute  and  blind c.  41 

deserted  and  neglected  children,  offi- 
cer to  be  detailed c.  79 

care  and  education  of  neglected  .  .  c.  48 
employment  of   .    .  '.         ....     c.  48 

imprisonment cc  212,  215 

indigent  and  neglected c.  84 

enticing  from  school  punished  .    .    .     c.  48 

meal  times c.  48 

not  to  be  furnished  with  firearms  or 

dangerous  weapons c.  102 

neglect  to  support  punished ....  c.  48 
not  to  be  admitted  to  shows  .  .  .  c.  102 
notice  to  board  of  lunacy  and  charity,     c.  86 

pauper  and  neglected cc.  84,  87 

peddling  or  begging c  68 

receiving  Infants  to  board  ....  c.  80 
sanitary  provisions,  where  employed,     c.  48 

sent  to  hospital  cottages c  86 

See  Bastards;    Lyman    School   fok   Boys; 
Neglected  Children. 

CHRISTMAS. 

next  day  holiday  when  on  Sunday,  cc.  2, 160 

CHURCHES. 

incorporation  of c.  33 

trustees  of c.  39 

CIDER  APPLES. 

weight  of c.  60 

CITIES. 

appropriation  for  civil  service  ...  c.  27 

debt  limited c.  29 

evening  high  schools c.  44 

may  indemnify  police c.  28 

may  require  all  fees  to  be  paid  into 

treasury c.  28 

may  contract  with  other  cities  for 

sewers  to  protect  water  supply   .  c.  81 

members  of  council  ineligible  to  otflcc,  c.  28 

new  division c.  28 

new  wards  abolished c.  28 

notice  of  election  to  officers  ....  c.  28 

return  of  division  of  wards  ....  c.  28 

return  of  inhabitants c.  28 

soldiers'  monuments c.  27 

veto  of  separate  items c.  28 

wards,  division  into c.  28 

See  Towns. 

CIVIL  SERVICE. 

regulated Title  vii. 

appropriations  for c.  27 

soldiers  and  sailors Title  vii. 

tenure  of  office Title  vii. 

CLERKS  OF  THE   COURTS. 

accounts  and  books c.  159 

assistant c.  159 

fac  simile  of  signature c.  161 

salaries c  159 

CLERKS  OF  GENERAL  COURT. 

assistant,  given  certain  documents    .  c.  4 

assistant,  salary c.  2 

salary  increased c.  2 

CLERKS  OF  TOWNS  AND  CITIES. 

to  keep  indexes c.  37 

may  employ  assistance c  2 

to  account  for  fees  from  dog  licenses,  c.  102 


758 


Subjects  op  ^N'ew  Legislation,  1888. 


COAL. 

baskets  and  measures c.  60 

See  Sales. 
COLLECTION  OF  TAXES. 

law  coditicd c.  12 

COLLECTOR  OP  TAXES. 

return  of  warrant c.  12 

books  of c.  12 

COLOR  BLINDNESS. 

See  Railroads. 

COMMERCIAL  FERTILIZERS. 

nispection  and  sale c.  60 

COMMISSIONERS  OF  PRISONS. 

ck'nciii  assistance c.  219 

salary  of  secretary c.  219 

COMMISSIONER  OF  STATE  AID. 

salary c.  30 

COMMISSIONER  OF  WRECKS. 

bond  and  powers C.  97 

COMMISSIONERS. 

before  wbom  sworn C.  81 

COMMON  CARRIERS. 

not  to  transport  certain  bodies      .    .     c.  32 

COMMON  LANDING  PLACE. 

location  ot c.  49 

COMMON  VICTUALLER. 

time  of  closliig c.  100 

COMMONWEALTH  BUILDING. 

care  of c.  5 

COMMON  WEALTH. 

fluids,  how  invested c.  15 

claims  against c.  195 

COMPLAINTS. 

form  of e.  213 

COMPOSITION. 

witli  creditors  in  insolvency      .    .     .  c.  157 

CONDITIONAL  SALES.  , 

of  furniture  or  household  goods   .     .   c.  192 

CONDITIONS. 

attecting  real  estate,  construction      .  c.  126 

CONGRESSIONAL  DISTRICTS. 

established 0  9 

CONNECTICUT  RIVER. 

log  driving  on c.  94 

CONTAGIOUS  DISEASES. 

to  be  reported c.  80 

children   sick  with,  not    to    attend 

school c.  47 

among  animals c.  90 

notice  of,  must  be  given c.  90 

CONTEMPT. 

commitments  for c.  205 

CONTROLLER  OF  ACCOUNTS. 

to  be  appointed c.  16 

CONVICTS. 

discharge  on  condition  ;  permit  to  be 

at  large c.  220 

employment cc.  219,  221 

revocation  of  permit  and  remand  .     .  c.  222 
permit  void  for  violation  of  condition, 

cc.  220,221,222 
successive  sentences c  215 

CO-OPERATIVE  ASSOCIATIONS. 

general  provisions c.  117 


CO-OPERATIVE  LOAN  AND  FUND 
ASSOCIATIONS, 
name  changed  to  co-operative  banks, 

cc.  13,  117 

regulated c.  117 

CORPORATIONS. 

alteration  of  business c.  106 

charitable,  etc.,  increase  of  capital    .  c  llo 

churches c.  38 

for  building  factories,  etc c.  105 

for  cremating  the  dead c.  106 

for  guaranteeing  titles c.  106 

for  making  gas  for  fuel c.  106 

foreign cc.  13,  105 

insolvent,  unclaimed  money  in,  cc.  116,  119 

may  hold  real  estate c.  105 

proxy  voting c.  106 

record  of  transfer  of  stock    ....  c.  105 

returns  required c.  106 

special  stock  for  employers .     .    .    .  c.  106 

statements  when  required    .    .    .     .  c.  105 

taxation  of c.  13 

taxation  of  foreign  mining,  quarrying 

and  oil  companies c  13 

time  for  appointment  of  receivers      .  c.  105 

to  return  acceptance  of  acts  .    .    .    .  c.  105 

COSTS. 

appeals  from  taxation  of c.  198 

instead  of  copies,  schedule  sent  to 

treasurer c.  217 

on  appeals  for  abatement  of  taxes    .  c.  11 
on  removal  of  equity  suits  to  the 

supreme  court c.  152 

term  fees  limited c.  198 

when  trustee  is  sued  by  defendant     .  c  183 

COUNCILLORS. 

districts c.  8 

COUNTY  COMMISSIONERS. 

power  to  act  at  special  meetings  .     .  c.  22 

to  regulate  travel  over  county  bridges,  c.  53 

salaries c.  22 

COUNTY  TREASURERS. 

salaries c.  23 

CRANBERRIES. 

standard  measure c.  60 

CREMATION. 

authorized  and  regulated  ....  c.  82 
CRIME. 

blank  returns  of c.  219 

CRIMINAL  INSANE. 

support  of cc.  213,  214 

CROSSINGS. 

appeal    from    orders    as    to,    taken 

away c.  112 

automatic  signals  at  railroad    .    .    .  c.  112 

gates  and  flagmen  at  railroad  .    .    .  c.  112 

regulation  of  street c.  112 

DAMAGES  FOR  LAND  TAKEN. 
See  BErxEKMENts. 

DAMAGES,  HIGHWAY. 

where  separate  or  contingent  estates,  c.  49 

DANGEROUS  WEAPONS. 

not  to  be  furnished  to  children      .    .  c.  102 

DEAF-MUTE  CHILDREN  ....  c.  41 

DEATHS. 

certificate  of  cause c.  32 


Subjects  of  New  Legislation,  1888. 


759 


DEATHS  —  C'ontimted. 

reiuins  of  undertakers  and  sextons,  c  32 
records  of  burials c.  32 

DEBT. 

See  MrxiciPAL  Indebtedness. 

DEBTOR. 

reacliiiif;  property  in  equity  .    .    .    .  c.  151 

DEFORMED  PERSONS. 

exliiijiiion  of,  proLiibiiea c.  207 

DEER. 

protection  of c.  92 

DEGREES. 

See  Medical  Societies. 

DEPOSITIONS. 

taking  uf c,  169 

to  perpetuate  testimony c.  169 

DESCENT. 

of  lands  of  bastard c.  125 

DETENTION. 

of  women  arrested C.  220 

DISCHARGED  PRISONERS. 

agents  for c.  219 

reports  by c.  219 

assistance  to c.  219 

DISCRIMINATION. 

on  account  of  color c.  207 

DISORDERLY  PERSONS. 

on  public  conveyances c.  103 

DISTRIBUTION. 

of  personal  estate  of  married  women,  c.  135 
DISTRICT  ATTORNEY. 

assistants c.  17 

salaries  raised c.  17 

DISTRICT  COURTS. 

See  Police  Courts. 

DISTRICT  POLICE. 

detailed  to  assist  board  of  health  .  .  c.  80 
divided  into  departments  .  .  .  .  c.  103 
inspection  of  buildings  by  .  .  cc.  103,  104 
may  examine  pawn  shops  .  .  .  .  e.  102 
need  not  be  examined  by  judge    .    .  c.  103 

numljer  increased c.  103 

to  enforce  labor  laws c.  102 

railroad  and  steamboat  police  .  .  .  c.  103 
salary  raised c.  103 

DIVORCE. 

absence  raising  the  presumption  of 

death c.  146 

advertising  business  of  procuring     .  c.  146 

form  of  decrees c.  146 

fraud  in,  punished c.  146 

jurisdiction  of  petitions  for  nullity  .  c.  145 
jurisdiction  transferred  to  superior 

court cc.  146,  152 

statistics c.  146 

DOG  LICENSES. 

age  of  dog c.  102 

bloodhounds  not  to  be  kept .  .  .  .  c.  102 
bonds  to  account  for  fees  .  .  cc.  27,  102 
certificates  of  damages  regulated      .  c.  102 

for  breeding c.  102 

police  commissioners  in  Boston  to 

license c.  102 

transfer c.  102 

DOORKEEPERS  OF  SENATE  AND 
HOUSE, 
number  and  pay c.  2 


DOORS. 

of  factory  not  to  be  fastened    .    .    •  c.  104 

DRAFTS. 

payable  after  drawer's  death    .    .    .     c.  77 

DRUGGISTS. 

See  Pharmacy. 
DRUGS. 

adulteration cc.  58,  20S 

DRUNKENNESS. 

punishment c.  207 

of  female,  second  offence      .    .    .    .   c.  207 

DUKES  COUNTY. 

land  damages  in c.  49 

EDUCATION,  BOARD  OF. 

clerk  of,  salary c.  5 

to  supervise  Perkins  institution,  etc.,     c.  41 

EJECTMENT. 

bond  instead  of  recognizance  .    .    .   c.  175 

ELECTIONS. 

Australian     system     of     balloting 

adopted c.  7 

caucuses  regulated c.  7 

certificates  of,  when  transmitted  .  cc.  7,  8 
correcting  and  publishing  returns  .  c  7 
declaration  of  result,  time  of   .    .     .       c.  7 

in  towns c.  7 

laws  revised c.  7 

notice  of c.  28 

of  presidential  electors  and  contests 

regulated c.  9 

statements  as  to  state  of  voting  for- 
bidden             c.  7 

terms  of  court  falling  on c  156 

time  to  vote  to  be  allowed    ....       c.  7 
See  Ballots  ;  Towns  and  Town  Officers. 

ELECTION  CASES. 

to  be  printed c.  4 

ELECTION  SERMON. 

law  repealed c.  2 

ELECTRIC  LIGHTS. 

wires  i-egulated c.  109 

gas  commissioners  to  control   ...     c.  61 
See  Telegraph. 

ELEVATORS. 

inspection  ot c.  104 

unsafe,  to  be  placarded c.  104 

EMBEZZLEMENT. 

from  voluntary  societies c.  203 

extended c.  203 

EMPLOYERS'  LIABILITY. 

rtgulated c.  74 

EMPLOYMENT. 

of  minors  and  women     .    .    .    .  cc.  48,  74 

of  prisoners cc.  219,  220,  221 

piece-price  system c.  220 

See  Children. 

ENGINEERS. 

removal  of c.  3-5 

rules  of c.  35 

ENTERTAINMENT. 

fraudulently  procuring c.  102 

EQUITY. 

reaching  property  of  debtor     .    .    .  c.  l.Tl 

of  partner c.  1.51 

return  day  of  process c.  152 

venue  of  suits c.  161 

See    SiTEuioK    Court;     Sipreue    Judicial 
Court. 


760 


Subjects  of  'New  Legislation,  1888. 


EQUITY  PLEADING. 

precedents c.  151 

ESCAPE. 

of  pii:?oner  laboring  ontside     .  cc.  220,  221 

EVENING  SCHOOLS c.  44 

See  ^CHooLs,  Evening, 
EXAMINATION. 

ol  bonds c.  21 

See  Trial. 
EXCEPTIONS. 

establij-liing  where  judge  is  dead,  etc.,  c.  153 

failure  to  enter c.  150 

EXECUTION  SALES. 

reUeiiiption c.  172 

su.spendnig  by  order  of  court    .    .    .  c  172 

when  another  officer  may  act   .    .    .  c.  171 

EXECUTIVE   CLERK. 

salary C.  15 

EXECUTIVE  MESSENGER. 

salary c.  15 

EXECUTOR  AND  ADMINISTRATOR. 

confirmation  of  acts c.  142 

expenses  in  proving  will c.  130 

fees  paid  to  sureties  on  bond  allowed,  c.  144 

license  to  sell  at  private  sale     .    .    .  c.  134 
notice,  proof  and  filing     *    .    .  cc  132,  134 

EXPLOSIVE  COMPOUNDS. 

notice  of  place  ot  storage      .     .     .     .  c.  102 

regulations  of  use c.  102 

FACTORIES. 

doors  not  to  be  fastened c.  104 

inspection  of c.  103 

sanitary  provisions cc.  48,  74 

ventilation c.  74 

FARES. 

See  Railroads. 

FEEBLE-MINDED,   SCHOOL  FOR. 

allowance  for  ....         ....  c  87 

applications  for  admission   ....  c  87 

regulated ■   .    ,  c.  87 

FEES. 

account  of c.  16 

appraisers c.  199 

at  inquests c.  26 

court c.  199 

for  service  of  criminal  precepts     .    .  c.  199 

for  summoning  witnesses     .     .     .     .  c.  199 

of  referees,  masters,  auditors    .    .    .  c.  159 

FENCES. 

barbed  wire,  regulated c  54 

when  nuisances cc  30,  ISO 

FERTILIZERS,  COMMERCIAL. 

licenses  to  sell c.  60 

FINANCIAL  ESTIMATES. 

to  \\  hoiii  made c.  16 

FINES. 

account  of C.  16 

FIRE. 

engineers  may  be  removed  ....  c.  35 

equipment  required c.  35 

forest,  to  be  reported e.  35 

inquests c.  216 

negligent,  pun'sbed c.  203 

returns  of  fires c  35 

rules  of  engineers c.  35 


FIREARMS. 

nor  to  be  sold  to  children     .    .    .    .   c  102 

FIRE   ESCAPES. 

requited cc.  103,  104 

FISH. 

protection  of c.  91 

alewives      . c.  91 

bluefish c.  91 

clams c.  91 

forfeiture  of c.  91 

cultivating  where  leases  forfeited      .  c.  91 

leases  abolished c.  91 

lobsters c.  91 

nets c  91 

open  time  for  certain  extended     .    .  c  91 

oyster  licenses c.  91 

pickerel c.  91 

landlocked  salmon c.  91 

scallops c.  91 

seals c.  91 

seines c  91 

shad c.  91 

taking  from  seines,  etc.,  punished     .  c.  91 

trout c.  91 

weighers  of c.  56 

FISH  COMMISSIONERS. 

power  of c.  91 

FOOD. 

adulteration  of cc  58,  208 

FOREIGN   CORPORATIONS. 

agenis  to  receive  service  to  be  ap- 
pointed      c.  105 

returns c.  105 

taxation c.  13 

FORESTS. 

causing  destruction  by  fire  .  .  .  .  c.  203 
cultivation  of,  by  cities  and  towns  .  c.  27 
firewards  to  be  appointed  ....  c.  35 
fires  to  be  reported c.  35 

FORNICATION. 

with  minors c.  207 

FRATERNAL  BENEFICIARY  AS- 
SOCIATIONS. 

organizations,  duties  and  powers,  c.  115, 119 

FRAUDS  AND  PERJURIES. 

agreement  to  make  will  must  be  in 

writing c.  78 

FRAUD. 

by  hirer  of  horse  or  carriage     .    .    .  c.  203 

FRAUDULENT   CONVEYANCE. 

redemption c.  172 

FUGITIVES  FROM  JUSTICE. 

expense  of  requisitions     .....  c.  218 

GAME. 

artificially  propagated c.  92 

owner  may  prohibit  shooting  or  trap- 
ping        c.  203 

protection  of c.  92 

wild  duck  and  fowl  protected  .     .    .  c.  92 

GAMING. 

apparatus,  how  sold c.  212 

oljstructions  to  entrance c.  99 

persons  present  punished     ....  c.  99 

pool-selling  forbidden c.  99 

GAS. 

accidents  to  be  reported  .  .  .  .  .  c.  60 
books  regulated c.  61 


Subjects  of  IN'ew  Legislation,  1888. 


761 


GAS  —  Coiithvo'd. 

companies  defined c.  61 

digging  up  streets  for,  forbidden  .    .  c.  106 

inspection c.  61 

issue  of  bonds  regulated c.  106 

lease  or  transfer  of  works     .    .    .    .   c  106 

manufacture  for  fuel c.  106 

may  furnish  electric  light     .    .    .    .  c  106 

meters  regulated c.  61 

no  inspection  where  for  fuel     ...     c.  61 

regulation  of  price c.  61 

water  gas c.  61 

GAS  COMMISSIONERS. 

to  lie  appuiuied C.  61 

to  regulate  electric  light c  61 

reports  of,  how  many c.  4 

GENERAL  COURT. 

pay  of  membeis c.  2 

GIFT. 

sale  or  exchansre  of  property  not  to 

be  induced  by c.  209 

GIRLS. 

committed  by  United  States  court  to 

industrial  school c.  89 

GOVERNOR. 

salary c.  15 

of  clerk  and  messenger c.  15 

GRAND  ARMY. 

fraudulent  use  of  insignia  .  .  .  .  c.  203 
may  use  state  camp  ground  .  .  .  c.  14 
public  buildings  may  be  leased  to  .  c.  27 
state  aid  may  be  entrusted  to  .    .    .     c.  SOi 

GRAVELLY  ISLAND. 

annexed  to  Nantucket c.  22 

GREAT  PONDS. 

structures  and  encroachments  in  .     .     c.  19 

GREAT  SEAL  OP  THE  COMMON- 
WEALTH. 

established C.  1  a 

GUARANTY  INSURANCE. 

provided  for c.  119 

GUARDIAN. 

busion  children's  friend  society  may 

be c.  139 

GUIDE  POSTS. 

lequired c.  53 

GUNPOWDER. 

notice  of  place  of  storage  to  be  given,  c.  102 
HABEAS  CORPUS. 

error  in  c.  1«5,  \j  IS,  corrected  .    .    •  c  185 
HABITUAL  CRIMINALS. 

punished c.  215 

HABITUAL  DRUNKARDS. 

may  be  committed  to  asylum  .     .     .     c.  87 
HAND  TOOLS. 

instruction  in  the  use  of c.  44 

HARBOR  COMMISSIONERS. 

to  have  ciiarge  of  Connecticut  river  .  c.  19 

also  of  state  lands c.  19 

HARBORS. 

assistant  harbor  masters c.  69 

lines  in  East  Boston c.  19 

lines  in  Gloucester c.  19 

obstructions  in  tide  water     ....  c.  97 

powers  of  masters c.  69 

preservation  of c.  69 

regulations  in  Gloucester     ....  c.  19 


HAWKERS  AND  PEDDLERS. 

children c.  68 

cities  may  regulate  certain  sales  .    .     c.  68 

near  licensed  groves c.  102 

person    over    seventy  to  have  free 

license      .    .    . ' c.  68 

HEALTH,  BOARD  OF. 

board  divided c.  79 

appeals c.  80 

care  of  illegitimate  infants  ....     c.  48 
care  of  indigent  and  neglected  chil- 
dren       cc.  48,  86 

charge  of  waters c.  80 

custody  of  juvenile  offenders  .  cc.  155,  212 

ice,  impure f.  SO 

inland  waters e.  81 

inspection  of  food  and  drugs    .    .    .  c.  208 
local,  to  enforce  as  to  sale  of  poultry,     c.  58 
local,  to  notity  state  board  of  small- 
pox   c.  80 

nuisances,  abatement  ....  cc.  80,  104 
officer  to  be  detailed  to  assist  .  ,  .  c.  80 
sewerage  and  water  supply  .    ...     c.  81 

vacancies,  how  filled c.  80 

HEARINGS. 

of  committees,  advertising  ....  c.  16 
HIGHWAYS. 

actions    tor    injury  not    limited   to 

superior  court c.  52 

crossings  with  railroads c  112 

damages  for  electric  wires    .    .    .    .   c.  109 

digging  up  for  gas  pipes c.  106 

notice  of  injury c.  52 

removal  of  trees  in c.  52 

taking  for  railroads c.  112 

HOLIDAY. 

labor's  Holiday cc.  77,  160 

See  Probate  Court. 

HOMCEOPATHIC  INSANE  ASYLUM. 

authorized e.  87 

HORACE  MANN  SCHOOL. 

aided c.  41 

HORTICULTURAL  SOCIETIES. 

property  exempt  irom  taxation  .  .  c.  11 
HOSPITAL  COTTAGES. 

aitled c.  86 

children  may  be  sent  to c.  86 

HOTELS. 

family,  watchmen,  etc.,  required  .     .  c.  101 

liability  limited c.  102 

See  Buildings. 

HOUSE  OF  REPRESENTATIVES. 

pay  of  members c.  2 

salary  of  clerk  and  assistant  clerk    .      c.  2 

HOUSES  OF   CORRECTION. 

whitewashing c.  220 

HUSBAND  AND  WIPE. 

conveyances  to,  jointly c.  126 

release   of  curtesy   where  husband 

insane c.  147 

right  in  wife's  property c.  124 

transfers  of  property  between  .  .  .  c.  147 
when  cut  otf  by  wife's  will   .    .    .    .  c.  147 

ICE. 

impure c.  80 

IDIOTS. 

fornication  with c.  207 


762 


Subjects  of  Neav  Legislation,  18S8. 


INDEBTEDNESS. 

See  Municipal  Indehtepness, 

INDEX-DIGEST. 

lowns  and  eiiies  to  have c.  4 

INDEXES, 

to  <;u!ieral  statutes c.  4 

INDICTMENTS. 

form  01 c.  213 

INFANTS. 

without  settlement,  notice  to  board 

of  lunacy  and  charity    ....     c.  86 
INN. 

fraudulently  procuring  entertainment,  c.  102 

1NNHOL.DERS, 

liability  limited c.  102 

INQUESTS. 

lees  of  witneeses,  officers,  examiners 

and  justices c.  26 

report  of  evidence c.  26 

INSANE. 

asylums  for  chronic c.  87 

cumniitmeiit  of c.  87 

county  receptacle  at  Ipswich  discon- 
tinued    c.  87 

may  be  boarded  in  faniilies  ....  c.  87 
release  of   curtesy  where  husband 

insane .  c.  147 

recently,  cases  to  be  treated      .    .  cc.  84,  87 

removal  of  criminal  insane  .    .    .    .  c.  222 

support  of  criminal  insane    ....  c.  87 

discharge  or  temporary  release     .    .  c.  87 

INSANE  ASYLUMS. 

honioeupatliic c.  87 

habitual  drunkards  committed  to     .     c.  87 
INSOLVENCY. 

accounts  of  assignees  to  be  sworn  to,  c.  1.57 
allowance  to  wife  or  children  .  .  .  c.  157 
claims  for  conversion  of  pledge  not 

to  be  discharged  .  .  .  .  cc.  157,  192 
composition  with  creditors  .  .  .  .  c.  157 
delay  or  omission  of  schedules     .    .  c.  157 

discharge,  objections  to c.  157 

equitable  lialjilities  provable  .  .  .  c.  157 
execution  where  delay  or  failure  to 

get  discharge cc.  157,  171 

mortgages,  when  invalid c.  157 

special  judgments c.  1.57 

unclaimed  dividends c.  157 

voluntarj'  assignment')  valid,  notice 

to  be  given c.  157 

INSPECTION. 

of  oil c.  59 

INSPECTORS. 

of  buildmgs,  authority c.  104 

nuisances  about  factories     .    .    .     .  c.  104 
of  butter,  cheese  and  milk    .     .    .  cc.  56,  57 
of  lactories  and  public  buildings. 
See  DisTKic'r  Police. 

of  liquor,  salary c.  100 

of  vinegar,  salary c.  60 

INSURANCE  COMPANIES. 

arbitrators c.  119 

benefits  not  attachable c.  119 

capital  stock,  where  insure  tools  .    .  c.  119 

false  statements  by  agents  punished,  c.  119 

foreign  beneficiary  companies  .  .  .  c.  119 
fraternal  beneticiary  associations,  cc.  115, 119 


INSURANCE   COMPANIES  -  Continued. 
insolvent;  unclaimed  money    .    .    .  c.  119 

investments c.  119 

life  and  casualty  insurance  on   the 

assessment  plan c.  11.5 

revision  of  law c.  119 

taxation c.  13 

INSURANCE  DEPARTMENT, 

allowance  for  clerks c.  119 

salaries  raised c.  119 

INTEREST. 

on  betterments c.  .^1 

on  small  loan c.  77 

INTOXICATING  LIQUORS. 

See  LiQuoKs,  Intoxicating. 

ISSUE,  FAILURE  OF. 

meaning c.  126 

JAILS. 

whitewashing c.  220 

JUDGE. 

cannot  afterwards  become  counsel    .   c.  1.59 

JUDGES  OF  PROBATE. 

salaries c.  158 

JUDGMENTS. 

special c.  157 

JURISDICTION. 

of  superior  court  In  equity. 

See  Superior  Court. 
JURORS. 

examination  of c.  169 

list  in  Boston c.  170 

JUSTICES  OP  THE  PEACE- 

warrants  by c.  15.5 

power  to  summon  witnesses    •  cc.  1-55,  169 

JUVENILE  OFFENDERS. 

trial  of c.  89 

LABOR,  BUREAU  OF  STATISTICS, 
salary  of  clerk c.  31 

LABOR. 

accidents,  notice  of c.  74 

children c.  48 

communication  between  rooms  .  .  c.  104 
district  police  to  enforce  laws  .  .  .  c.  102 
doors  of  buildings  not  to  be  fastened,  c.  104 

employer's  liability c.  74 

hours  of cc.  48,  74 

imperfect  weaving c.  74 

meal  hours cc.  48,  74 

notice  of  claim  must  be  in  writing     .     c.  74 

notice  (if  hours c.  74 

nuisances  about  factories  .  .  .  ,  c.  104 
organizations,  incorporation     .    .    .  c.  115 

sanitary  provisions c.  48 

secretary  of  board c.  74 

special  stock  for  employees  .  .  .  .  c.  106 
state  board  of  arbitration      ....     c.  74 

ventilation c.  74 

weekly  payments c,  74 

words  defined cc.  48,  74 

LABOR'S  HOLIDAY. 

established c.  77 

LAND  DAMAGES.    . 

in  Nantucket  and  Dukes c.  49 

LANDLORD  AND  TENANT. 

appeal ;  bond  to  be  given     .    .    .    .  c.  175 

LANDING  PLACES. 

common,  location  of c.  49 


Subjects  of  New  Legislatiox,  1888. 


763 


LARD. 

adulteration  of c.  56 

LAW  LIBRARIES. 

aid  to c  40 

LEGACIES. 

tu  unknown  persons,  how  disposed  of,   c.  144 

LEGAL  NOTICES. 

where  published c  3 

LEGISLATIVE  MANUAL. 

distribution  of ■ .     .     .       c.  4 

LEGISLATURE. 

notiee  uf  petitions  to c.  2 

notice  of  hearings  before  lonimittees,     c.  16 

LEVY. 

where  suspended,  new  seizure  .    .    .  c.  172 

LIBRARIAN. 

assistant,  salary  of c.  5 

LIBRARIES. 

detentiiin  of  books c.  203 

disturbances  in,  punished  .  .  .  .  c  207 
injury  to  property  of c.  203 

LICENSE,   LIQUOR. 

condition  added  to C.  100 

LICENSES. 

tor  intelligence  offices,  junk  dealers, 

pawnbrokers,  etc. c.  102 

transfer  of  dog c.  102 

See  Hawkkks  and  Peddlers;  Fehtilizers; 
LiQioKs,  Intoxicatixg. 

LIEN. 

for  betterments,  how  long    .    .    .    .     c.  .51 

for  sewer  assessments c.  50 

jurisdiction  of  petitions  to  sell  .     .    .   c.  192 

LIMITATION  OF  ACTIONS. 

in  favor  of  niortKagte c.  176 

LIMITED  PARTNERSHIP. 

interest c.  75 

liability c.  75 

name  of  former  firm c.  75 

renewal c.  75 

LIQUOR,  INTOXICATING. 

ballots  on  license  regulated  .     .     .  cc.  7,  100 

bond,  form  of o.  100 

condition  added  to  license  .  .  .  .  c.  100 
common  victuallers,  when  to  close  .  c.  100 
conviction  makes  license  void  .    .    .  c.  100 

costs c.  100 

disposition  of  cases  regulated  .    .    .  c.  100 

by  druggists c.  100 

fees  increased c  100 

forbidding  sales c  100 

furniture  and  implement  to  be  for- 
feited     c.  100 

how  analyzed c.  100 

illegal  sale  enjoined c.  100 

notice  of  application  for  license     .    .  c.  100 

near  schoolhouses c  100 

no  license  in  certain  buildings  .  .  .  c  100 
none  to  be  sold  or  given  on  election 

day c.  100 

not  to  be  sold  to  persons  supported 

by  charity c.  100 

numlier  of  licenses  limited    .    .    .    .  c.  100 

objection  I)y  abutters c.  100 

per  cent,  of  alcohol c.  100 

recount  of  ballots c.  100 

salary  of  inspector c.  100 


LIQUOR,   INTOXICATING-  Continued. 

sale  in  case  ot  riot c.  100 

sale  on  holidays <■  100 

screen  law c.  lO't 

signing  licenses  in  Boston     .     .     .     .  c.  100 

signs,  tax  receipts,  evidence      .    .    .  c.  100 

time  of  selling  limited c.  100 

time  for  applications  for  licenses  .    .  c.  100 

transportation,  mode  of c.  100 

See  Search  Waekants. 

LITERARY  INSTITUTIONS. 

lists  of  exempt  properly  riqiiiied      .  c.  11 

LOAN  AND   TRUST  COMPANIES. 

incorporation cc.  105,  llSrtt 

personal  liability      ....      cc.  106.  llHa 
business  regulated c.  llHa 

LOBSTERS. 

preservation  of c.  91 

unlawful  taking  from  traps,  etc.   .     .     c.  91 
See  P"isH. 

LOCOMOTIVE  BOILERS. 

to  be  toted  c.  112 

LODGING  HOUSES. 

>ee  BoARDi.No  Houses;  Buildings. 
LOGS. 

on  Connecticut  river c.  94 

LORD'S  DAY. 

law  revised c.  9S 

bakers  may  sell c.  9S 

not  defence  to  actions  of  tort  to  the 

person c.  98 

travelling  on e  98 

LOYAL  LEGION. 

fraudulent  use  of  insignia     ....   c.  203 

LUNACY  AND    CHARITY. 

l)oaid  of c.  79 

transfer  of  pauper  lunatics    ....     c.  86 

LUNATIC  HOSPITALS,   STATE. 

commiimeiits  to  be  from  distiicis      .  c.  87 

female  ph.\  sician  at c.  87 

habitual  drunkards  mav  be  coinmit- 

ted  to " c.  87 

homceopaihic c.  87 

meetings  of  trustees  and  reports  .     .  c  87 

number  and  sex  of  trustees       ...  c.  87 

transfer  to  state  almshouse  ....  c.  86 

LYMAN  SCHOOL  FOR  BOYS. 

age  at  wtiicti  may  be  coiiiinitted   .    .  c.  89 

established c.  89 

more  land  may  be  purchased  for  .    .  c.  89 

notice  of  commitments c.  89 

place  of  temporary   detention    pro- 
vided     c.  89 

recovery  of  expense c.  89 

MALICIOUS  MISCHIEF. 

ilefacing  notice  or  paper  posted   Ity 

law c.  203 

jurisdiction  and  penalty c.  203 

to  milk  cans c.  203 

to  police  signals c.  205 

removal  of  flowers,  etc.,  from  gr.ive  .  c.  207 

MANUAL  FOR  GENERAL  COURT, 
number  and  distribution c.  4 

MANUFACTURERS. 

communication  between  rooms     .    .  c.  104 

notice  of  hours  of  work c.  74 

state  arbitration c.  74 


764 


Subjects  of  New  Legislation,  1888. 


MANUFACTURERS  — Co»<JMKerf. 

repoit  ot  aciideiiis c  74 

si)i-cial  ttock  For  employees  .    .    .    .  c.  106 

right  to  ring  l)ells,  etc c.  74 

weekly  payiuents c.  74 

See  Labor. 

MARRIAGES. 

returns  of c  14-t 

iHillity CO.  146,  152 

MARRIED  WOMAN. 

eked  or  dcvi.se  l)y c.  147 

iiviiig  separate,  petitions  l)y  .  .  .  c.  147 
neglect  to  .support,  punished  ...  c.  48 
personal  estate,  how  distributed    .     .   c.  135 

rights  in  l)unal  lot cc.  82,  144 

rights  in  Inisband's  estate     .    .    .     .   c  13o 

will e.  147 

Sec  HtsBAND  ANi>  Wife. 

MASTERS  IN  CHANCERY. 

cuuipeii^aliun c.  159 

MAYOR. 

riiilit  to  vote c.  28 

vino c  28 

MAYOR  AND  ALDERMEN. 

Ijow  con>trued cc.  3,  28 

MEASURES. 

See  w  EIGHTS  AND  Measvres. 

MECHANICS'  LIENS. 

law  rtvi.sed C.  191 

MEDICAL  EXAMINERS. 

aibi)ot.iiiou  ot  bodies c.  26 

new  dl^tri^■ts c.  26 

fees  and  reports c.  26 

MEDICAL  SOCIETIES. 

deirieet- l)v,  regulated c.  115 

MEMORIAL  DAY. 

veierans  may  jjarade  with  arms   .     .     C.  14 

MESSENGERS. 

ot  senate  and  bouse,  number  and  pay,     c.  2 

MILITIA. 

aril  cones,  provision  for c.  14 

law  revised c.  14 

naval  battalion  added c  14 

MILK.                                                 ,     . 
aetj  not  alFccted  by  subsequent  legis- 
lation      c.  .'i7 

adulteiaiion  of c.  57 

analysi.H  regulated c.  57 

cans',  how  marked c.  57 

cans,  malicious  injury  to c  203 

counterfeiting  inspectors'  seals      .    .  c.  57 

defacing  cans  punished c.  57 

inspectors C.  57 

jurisdiction  of  complaint c.  57 

quality c.  57 

See  ADt"LTEKATIO.V. 

MINING  COMPANIES. 

taxation  ol c.  13 

MINING.  QUARRYING,  AND  OIL 
COMPANIES. 

taxation  of  loieigii c.  13 

MINORS.  ,„ 

cu.stooy c.  106 

emplov merit  of c.  74 

neglect  to  support c  48 

papers  devoted  to  criminal  news  may 

not  be  sold  by c.  207 

Sec  TiiN  Hour  Law. 


MONUMENTS. 

or  headi-tones  for  soldiers     ....     c.  27 

MORTGAGES. 

recording  of  chattel c.  192 

of  real  estate,  how  barred  by  posses- 
sion   c.  176 

sale,  how  advertised c.  181 

effect  of  suit  to  redeem c.  181 

taxation  of c.  11 

when  invalid  in  insolvency  .    .    .    .  c.  157 

MUNICIPAL  COURTS. 

additional  clerks c.  1.54 

additional  sessions c.  154 

Boston,  additional  justice  .  .  .  .  c.  I.i4 
clerks  may  use  fac-simile  of  signature,  c.  159 

East  Boston  district c.  1.54 

exchange  of  justices c.  154 

See  Police  Courts  ;  Towns. 

MUNICIPAL  INDEBTEDNESS. 

iimittd c.  29 

net  indebtedness  defined c  29 

proportionate  i>ayments    instead  of 

sink  ng  fund" c.  29 

return  of  sinking  funds c.  11 

MUSKEGET  ISLAND. 

annexed  to  NaiiiucUet c.  22 

MUTUAL  AID  ASSOCIATIONS. 
See  Beneficiary  Associations. 

NAMES. 

changed,  a  list  to  be  published  .  .  c.  148 
in  tax  bills  corrected c.  6 

NANTUCKET. 

land  damages  in c.  49 

NATURALIZATION  LAWS. 

jurisdiction  of  courts c.  160 

primary  declarations,  when  tiled  .    .  c.  160 

revised c.  160 

returns  not  to  be  printed c.  160 

NAVAL  BATTALION. 

estalilished c.  14 

NEGLECTING  OF  CHILDREN  OR 
WIFE. 

punished c.  48 

disposition  of  fine c.  48 

NEWSPAPERS. 

detinid c.  3 

NOTES  AND  BONDS. 

of  railroads c.  112 

NOTICES,  LEGAL. 

of  petitions  to  the  legislature  ...  c.  2 
tearing  down  or  defacing  ...  .0.  203 
where  published c.  3 

NUISANCES. 

fences cc.  36,  180 

abatement c.  80 

enjoined c.  101 

about  factories c.  104 

NULLITY,  PETITIONS  FOR. 
.See  Divorce. 

OFFICERS. 

lees  for  summoning  witnesses  .    .    .   c.  199 

returns  of  arrests c.  219 

to  wear  uniform c.  159 

with  sherift's  jury,  pay c.  49 

with  superior  court  in  Suffolk  .    .    .  c.  159 

with  supreme  court c.  159 

fees C.26 

See  Inquests. 


Subjects  of  Kew  Legislatiox,  188S. 


7G5 


OIL. 

See  Petroleum. 
OPIUM  SMOKING. 

keepin_£^  place  for,  forbidden     .     .     .   c.  207 
ORNITHOLOGY. 

takinj;  birds  for c.  92 

OVERSEERS  OP  THE  POOR. 

See  To  WAS. 
OYSTERS. 

licenses  to  take c.  91 

PAGES. 

of  senate  and  house,  number  and  pay,       c.  2 
PARDON. 

imprisonment  after  condition  broken,  c.  218 

PARISHES  AND  RELIGIOUS  SO- 
CIETIES. 

by-laws c.  38 

taxation  by c.  38 

PARKS. 

laying  out  by  cities  and  towns  ...  c.  49 

taking  for  railroads c.  112 

PARTITION. 

partial  division  by  probate  court  .    .  c.  178 

notice c.  178 

upon  whom  binding c  178 

removal  of  petition c.  178 

wlieie  estates  for  life  or  years  .     .    .  c.  178 

where  land  is  in  different  counties    .  c.  178 

PARTNER. 

reaching  property  of,  in  equity      .    ,  c.  151 

PARTRIDGES. 

protected c.  92 

PAUPERS. 

children c.  84 

insane c.  84 

liable  for  their  own  support     ...  c.  84 

removal  of  sick c.  86 

support  of  sick c.  86 

transfer  of  ... c.  79 

See  Childeen. 

PAWNBROKERS. 

examination c.  102 

include  persons  lending  on  pledge    .  c.  102 
sale  of  personal  apparel c.  102 

PAYMENTS. 

weekly c.  74 

PEAS. 

weight  of c.  60 

PEDDLERS. 

See  Hawkers  and  Peddlers. 

PENSIONS. 

agent  for,  to  be  appointed    ....     c.  30 

PETITIONS  TO  THE  LEGISLATURE, 
notice  of c.  2 

PETROLEUM. 

inspection c.  102 

selling  without  a  license c.  59 

standard  established c.  59 

unsafe  punished c.  59 

PHARMACY. 

regulated c.  67a 

PHYSICIANS. 

to  make  returns  of  births     ....     c.  37 

PHYSIOLOGY  AND  HYGIENE. 

to  be  taught c.  44 


PICKEREL. 

piotected c.  91 

PICNIC  GROVES. 

to  be  licensed c.  102 

hawkimr  and  peddling  near  .     .     .     .   c.  102 

PILOTAGE. 

reguluted  and  laws  revised  ....     c.  70 

PILOTS. 

additional        c.  70 

at  Cohas<et c  70 

at  Wood's  Holl c.  7<i 

fees c.  70 

when  other  than  regular  pilots  can 

act c.  70 

PLEDGEE. 

not  discharged  in  insolvency  fur  con- 
verting pledges cc.  157,  192 

PLUMBERS. 

busiin  ss  may  be  regulated  .    .    .    .  c.  102 

POISONS. 

sale  legulated c.  208 

POLICE. 

lailroad  and  steamboat c.  103 

cities  may  indemnify c.  28 

See  DisTHicT  Police. 

POLICE  COMMISSIONERS. 

may  require  attendance  of  witnesses,  c.  169 

POLICE  OR  DISTRICT  COURTS. 

adjournment  when  justice  absent .     .  c.  154 

accounts  of c.  154 

allowances  to  clerks c.  154 

answer  may  be  required c.  167 

bonds  on  appeal c.  1.54 

clerks  pro  tempore,  pay  of  ....  c.  1.'4 

clerkships  abolished c.  lo4 

clerkships  established c.  154 

established  and  changed c.  1.^4 

jurisdiction  extended  .    .     cc.  102,  154,  203 

justices  may  interchange      .    .    .    .  c.  154 

officers  and  salaries c  154 

process,  tests  of c.  154 

sessions c.  154 

travelling  expenses  allowed      .    .    .  c.  154 

uniform  accounts  provided  for.    .    .  c.  154 

witness  fees  to  be  paid c.  154 

writs  may  run  into  other  counties     .  c   154 

POLICE  MATRONS. 

to  be  appointed c.  220 

POLICE  SIGNALS. 

injury  to c.  205 

POLLING  PLACES. 

at  special  elections e.  7 

POLLS  AND  ESTATES. 

list  of  polls  must  be  posted  ....  c.  11 

time  for  assessment  extended  .    .     .  c.  U 

established  for  decade c.  11 

POLLUTION. 

of  water  supply  restrained   ....  c  80 

PONDS. 

bathing  in,  where  used  for  water  sup- 
ply    c.  SO 

fishing  in c.  91 

structures  and  encroachments  in  .    .     c.  19 

POOL  SELLING. 

forbidden c.  99 

warrant  to  search  for  tickets    .    .    .  c  212 


766 


Subjects  of  New  Legislatiox,  1888. 


POOR  CONVICTS. 

discharue  i-f c.  222 

POOR  DEBTORS. 

law  revised c.  162 

POSTMASTER  OF  LEGISLATURE, 
pay  of c.  2 

POULTRY. 

to  he  diussed c.  58 

POUND  STERLING. 

exelianjreable  value c.  16 

PRACTICE. 

appearing;  as  counsel  after  sitting  as 

judge c  159 

as  to  writs  and  return  days  revised, 

cc.  161,  164,  167 
civil  actions  may  be  begun  by  peti- 
tion    c.  167 

claimants  may  come  in c.  167 

copies  of  books  and  records  of  sav- 
ings banks  evidence c.  169 

day  of  irial  may  be  agreed  .    .    .    .  c.  167 

discbarpe  of  bail c.  163 

failure  to  enter  appeal  or  exceptions  c.  ITiO 

interpleader c.  167 

jurors,  examination  of c.  169 

notice  to  non-resident  where  property 

attached c.  164 

orders    and    writs    issued  in    other 

counties c.  161 

relief  as  case  requires  in  civil  actions,  c.  167 

retuin  day  of  process  in  equity  .  .  c.  152 
return  days  abolished  .     .    cc.  161,  164.  167 

trial  list,  criminal,  in  superior  court,  c  214 

trustee  writ  from  trial  justices  .    .     .  c.  183 

written  answer  in  police  court .    .    .  c.  167 

PRISONERS. 

agents  for  discharged c.  219 

reports  by c  219 

assistance  to  discharged c.  219 

charges  for  insane cc.  213,  214 

contract  labor cc.  220,  221 

control  of  labor c.  220 

discharge  of  poor  convicts  ....  c  222 
employment  of  .  .  .  .  cc  219,220,221 
escape  of  prisoners  at  work  outside  .  c.  220 

female,  aid  to c.  219 

piece-price  system c.  220 

removal  of  prisoners  to  hospitals  .  .  c.  219 
transfer  of oc.  210,  219,  221 

PRISONS. 

superintendent  of  prisons  .  .  cc.  220,  221 
number  of  his  reports  to  be  printed  .  c.  4 
transfer  of  prisoners c.  210 

PROBATE  COURTS. 

allowance  for  clerical  assistance  .    .  c.  158 

appeals  to  superior  court c.  148 

appeals,  how  taken c.  156 

appraisers,  fees c.  149 

bonds,  foreign  fidelity  insurance  com- 
panies may  be  sureties  .    .    .    .  c.  143 
confirmation  of  acts      .     .    .     .  cc.  142,  156 

constable  for,  in  Suffolk c.  156 

cxi)enses  of  recording  on  Suffolk  .  .  c.  156 
expenses  may  be  allowed     .    .    .    .  c.  156 

notice,  how  proved cc.  132,  134 

notice,  i)roof,  when  to  be  filed  .  cc.  132,  134 
officers,  salaries cc.  158,  159 


PROBATE   CO'U'RTS—Continueff. 
petitions   by  mariied  women  living 
separate,  and  custody  of  minors, 

cc.  148,  156 

sessions c  156 

terms  falling  on  holiday  or  election 

day c.  156 

PROBATION  OFFICERS. 

ill  boston c.  212 

PROMISSORY  NOTE. 

on  uncertain  time  negotiable     ...  c.  77 
PROSTITUTION. 

Iiiring,  etc.,  for c.  207 

PUBLIC  DOCUMENTS. 

di>tribution  of c  4 

PUBLIC  DOMAIN. 

set  apart  lor  forest  trees c.  27 

PUBLIC  GROUNDS. 

improvement  of c.  49 

PUBLIC  LIBRARIES. 

trustees  of c.  40 

PUBLIC  PROPERTY. 

accounts  of  sales  of c.  16 

PUBLIC  STATUTES. 

supplements  provided  for      ....  c.  4 

PUBLIC  WAREHOUSES. 

bonds c.  72 

RAILROADS. 

alterationsof  crossing;  appeal .    •    .  c.  112 

automatic  signals  at  crossings  .    .    .  c.  112 

betterments  for  changes  at  crossings,  c.  112 

bonds,  how  long  to  run c.  112 

bonds,  taxable c.  11 

branches  near  state  house     ....  c.  112 

bridges,  examination  of c.  112 

carrying  bodies  of  persons  dying  of 

contagious  diseases c.  32 

cars,  heating  of c.  112 

cash  fares  on  cars  regulated     .    .    .  c.  112 

certain  notes  and  bonds  to  be  valid  .  c.  112 

colorblindness c.  112 

consent  of  town  or  city  where  public 

propert}'  is  taken c.  112 

crossings,  betterments c.  112 

death  of  employees c.  112 

discrimination  in  rates c.  112 

disorderly  persons  on c.  207 

electric  signals  at  crossings  ....  c.  112 

fences c.  112 

frogs,  switches  and  guard  rails  to  be 

blocked c.  112 

gates  and  flagmen  at  grade  crossings,  c.  112 

in  foreign  countries,  how  taxed    .    .  c.  11 

land  for  new  tracks c.  112 

locations  near  state  house     .    .    .    .  c.  112 

locations,  cliange c.  112 

police,  tenure  of  office c.  103 

proxy  voting c.  112 

purchasers  under  foreclosure,  rights 

of c.  112 

relief  societies  of  employees     .    .    .  c.  115 

safety  couplers  on  freight  cars  .    .    .  c.  112 

signals  protected c.  112 

salary    of    commissioners    payable 

monthly c.  112 

salary  of  accountant  and  clerk.    .    .  c.  112 

street  crossings,  power  to  regulate     .  c.  112 


Subjects  of  New  Legislation,  1888. 


'67 


RAILROADS  —  Continued. 

Sunday  trains c.  98 

testing  locomotive  boilers     .    .    .    .  c.  112 
tools  and  safeguards  against  fire  for 

cars c.  112 

whistling  may  1)6  regulated  .    .    .    .  c.  112 
women  and   children  need  not  ride 

in  smoking  cars c.  112 

RAPE. 

age  of  consent c.  202 

REAL  ESTATE. 

conditions  on c.  126 

held  by  savings  banks,  time  of  sale,   c.   116 
sale  for  taxes c.  12 

RECEIVERS 

time  of  appointment c.  105 

See  Insurance  Companies;  Savings  Banks. 

RECORD. 

of  transfers  of  dog  licenses  ....  c.  102 
of  burial  lots c.  32 

RECORDS. 

accommodations  for c.  37 

REDEMPTION. 

of  land  set  off  on  execution  .    .    .    .  c.  172 

REFEREES. 

tees  of c.  159 

REFORM  SCHOOL. 

age  limited  to  fifteen c.  89 

for  boys,  changed  to  Lyman  school  .     c.  89 
notice  of  committals c.  89 

REFORMATORY  PRISON"  FOR  MEN. 

age  limited c.  221 

approval  of  bills e.  221 

employment  of  prisoners     .    .    .    .  c.  221 

established c.  221 

illicit  conveyance  of  articles  into  .    .  c.  221 

permits  to  be  at  liberty c.  221 

removal  to c.  221 

removals  to  state  farm c.  88 

I'emoval  from,  when  insane  .    .    .    .  c.  222 

salaries c.  221 

sentences  to cc.  221,  222 

watchmen  at c.  221 

who  may  sentence  to,  and  for  what  .  c.  221 

REFORMATORY    PRISON    FOR 
WOMEN. 

approval  ot  l^dls c.  221 

cost  of  removal  of  prisoners    .    .    .  c.  219 

deputy  or  temporary  superintendent,  c.  221 

employment  of c.  221 

escapes  are  punished c.  221 

female  convicts  from  United  States 

court c.  221 

office  of  treasurer  and  steward  abol- 
ished   C.221 

release  of  prisoners  transferred  from,  c.  221 

salaries c.  221 

schoolmistress  and  chaplain      .    .    .  c.  221 

REFORMED  EPISCOPAL   CHURCH, 

officers  of c.  37 

REGISTERS   OF  DEEDS. 

women  may  l)e  assistant c.  24 

REGISTERS   OP  PROBATE. 

salaries c.  158 

REGISTRARS  OF  VOTERS. 

removal  of c.  6 

temporary c.  6 


REGISTRATION  OP  VOTERS. 

errors  by  assessors c.  6 

errors  in  names c.  6 

of  naturalized  voters c.  6 

revised c.  6 

women c.  6 

REGISTRY  OF  DEEDS. 

indexes c.  24 

new,  in  Worcester c.  24 

REINSURANCE. 

regulated c.  119 

RELIEF   SOCIETIES. 

by  railroad  and  steamboat  employees,  c.  115 
funds  exempt  from  attachment     .    .  c.  183 

RELIGIOUS  SOCIETIES. 

by-laws c.  38 

trustees  of c.  39 

REPORTS. 

number  to  be  printed c.  4 

REPRESENTATIVES,  HOUSE  OF. 

districts c.  8 

pay  of  members c.  2 

of  officers c.  2 

returns c.  8 

RESTRICTIONS. 

affecting  real  estate,  construction .    .  c.  126 

RETURNS. 

of  foreign  insurance  companies    .    .  c.  105 

REVIEW. 

bonds  to  prosecute,  from      .    .    .    .  c  187 
stay  of  execution  without  security   .  c.  187 

ROGUES,  ETC. 

how  punished c.  207 

ROYALTY  PAYING  MACHINES. 

taxation c.  11 

RUFFED  GROUSE. 

protected c.  92 

SAFE  DEPOSIT  CORPORATIONS. 

business  regulated c.  118rt 

incorporation cc.  105,  HSa 

personal  liability c.  106 

removal  of  contents  of  vaults  .    .      c.  118rt 

SAFETY  FUND  AND  LOAN  ASSO- 
CIATIONS. 

See  Co-oPKKATivE  Associations. 

SAILORS. 

exempt  from  civil  service  examina- 
tion   Title  vii. 

transportation  of  destitute  ....     c  69 
wages  or  lay  exempt  from  attach- 
ment     c.  183 

SALARIES. 

adjutant  general c.  14 

auditor  and  his  clerk c.  16 

clerks  and  assistant  clerks  of  senate 

and  house c.  2 

savings    bank    commissioners    and 

clerks c.  116 

commissioners  of  prisons,  secretary 

of c.  219 

commissioner  of  state  aid    ....  c.  30 

county  officers cc.  22,  23 

deputy  tax  commissioner  and    his 

clerks c.  13 

district  attorneys,  etc c.  17 

district  courts  ." c.  154 


768 


SuBJETCTS  OF  New  Legislation-,  1888. 


SALARIES  —  Continued. 

deputy  superintendent  of  reformatory 

prison  for  women c.  221 

en<;ineer  at  state  prison c.  221 

executive  clerk  of  govenior      .    .    ,  c.  In 

executive  messen^rer c.  15 

first  clerk  of  secretary c.  15 

governor c.  15 

inspector  of  liquor c.  100 

insurance  department c.  119 

judges  and  clerks c.  154 

judges  of  superior  court c.  152 

niemliers  of  legislature c.  2 

officers  of  court c.  159 

officers  of  general  court c.  2 

officers  of  police  courts,  etc.      .    .    .  c.  154 

officers  of  probate c.  158 

officers  of  state  library c.  5 

officers  of  state  prison c  221 

private  i-ecretary  of  governor    ...  c.  15 

police  courts c.  154 

probate  courts c.  158 

railroad  commissioners,  clerk  and  ac- 
countant    c.  118 

secretary  of  the  Commonwealtli  and 

his  clerks c.  15 

sergeant-at-arms c.  5 

sheriffs c.  25 

treasurer  and  his  clerks c.  16 

SALES. 

condiiional,  of  household  furniture  or 

goods c.  192 

of  coal  by  measure c.  60 

of  commercial  fertilizers c.  60 

of  poultry c.  58 

SALMON. 

protected c.  91 

SANITARY  PROVISIONS. 

ill  lactorles,  etc c.  48 

SAVINGS   BANKS. 

annual  report,  form  of c.  116 

bonds  of  treasurei's c.  116 

books  of  insolvent c.  116 

claims  against  insolvent c.  116 

deposit  books  to  be  verified  .     .    .    .  c.  116 

deposits  in  banks c.  116 

examination  of c.  116 

extra  dividends c.  116 

investments c.  116 

land  held  for  foreclosure c.  116 

liability  to,  limited c.  116 

limit  to  loans  to,  on  personal  security,  c.  116 

members,  forfeiture  of  office     .    .    .  c.  116 
names  of  board  of  investment  to  be 

published c.  116 

notices  of  special  meetings  .    .    .    .  c.  116 

only  one  place  of  business    .    .    .    .  c.  116 

orders  are  payable  after  death  .    .    .  c.  116 

repoit  of  commissioners,  how  many  .  c.  4 

salary  of  commissioners c.  116 

salaries  of  clerks  of  commissioners  .  c.  116 

storage  of  books  of  insolvent    .     .    .  c.  116 

taxation c   13 

time  for  selling  real  estate    .    .    .    .  c.  1 16 

trustee,  forfeiture  of  office    .    .    .    .  c.  116 

unclaimed  deposits,  return  of  .    .    .  c.  116 

unclaimed  money  in  receivers'  hands,  c.  116 

SAVINGS  BANK  COMMISSIONERS- 

need  not  examine  accounts  ....  c.  23 


SCHOOL  BOOKS  AND   SUPPLIES. 

to  be  furnished c.  44 

dues  or  taxes  for,  may  be  abated,  cc.  11,  44 

SCHOOL  FOR  FEEBLE-MINDED. 

notices  of  apidicaiions  for  admission,     c.  87 
number  of  reports  to  be  printed    .    .       c.  4 

SCHOOL  COMMITTEE. 

ballots  of  women  for,  regulated    .    .       c.7 

SCHOOL  DISTRICTS. 

abolished c.  45 

towns  to  sue  or  defend  for    ...    .     c.  45 

SCHOOL  FUND. 

distribution  of c.  43 

SCHOOLS. 

children   sick  with  contagious   dis- 
eases      c.  47 

books   and  apparatus  may  be  pro- 
cured for "  .    .    .    .     c.  44 

enticing  from  school  punished  ...     c.  48 

evening  high  schools c.  44 

notice  of  opening c.  44 

instruction  in  hand  tools c.  44 

in  physiology  and  hygiene    .    .     .    c.  44 

sales  of  liquor  near c.  100 

sanitary  provisions  and  ventilation  .   c.  104 
teachers,  tenure  of  office c.  44 

SCHOOI,S,   EVENING. 

attendance  of  children c.  47 

establishment  of,  in  certain  cities  .    .     c.  44 

SCHOOLS,  SUPERINTENDENT  OF. 

See    SUPEHINTENIJKNT    OF    iSCHOOLS. 

SEALERS    OF    "WEIGHTS    AND 
MEASURES. 

appointment  of c.  65 

SEALS. 

bounty  for  destruction c.  91 

SEAMEN. 

transportation  of  destitute    ....     c.  69 
SEARCH  WARRANT. 

for  liquor,  by  whom  issued  .     .    .     .   c.  100 

to  require  seizure  of  furniture  .    .    .  c.  100 

for  pool  tickets c.  212 

SEATS. 

lor  female  employees e.  74 

SERGEANT- AT- ARMS. 

salary  of     ...     .         c.  5 

salaries    and    designations    of    his 

appointees c.  5 

SECRETARY  OP  COMMON"WEALTH. 

clerks c.  1-5 

salary  of c.  15 

salary  of  third  clerk c.  15 

SEDUCTION. 

punished c.  207 

SENATE. 

compensation  of  officers c.  2 

districts c.  8 

pay  of  members c.  2 

salary  of  clerk  and  assistant  clerk    .       c.  2 

SENTENCE. 

to  jail  instead  of  house  of  cori-ection,  c.  215 
successive c.  215 

SETTLEMENT. 

of  title c.  176 

SEWERS. 

to  protect  water  supply c.  81 

power  of  board  of  health      ....     c.  81 


Subjects  of  JN'ew  Legislatiox,  1888. 


7G9 


SEWER  ASSESSMENTS. 

lien  for c.  50 

redemption  of  land  sold  for.    .    .    .     c.  50 

SHAD. 

protected c.  91 

SHADE  TREES. 

taxing  for c.  27 

SHERIFF. 

may  adjoui'n  police  or  district  conrts,  c.  154 
process  for  or  against,  how  served  .  c.  25 
salaries c.  25 

SHIPS. 

See  Pilots. 

SHOWS. 

unlicensed c.  102 

SKATING  RINKS. 

licensing C.  102 

SMALL-POX. 

local  boaids  of  health  to  notify  state 

board c.  80 

transportation  of  bodies  of  persons 

dyinjj  of c.  32 

SOLDIERS. 

aid  may  lie  entrusted  to  grand  army 

posts c.  30 

exempt  from  civil  service  examina- 
tion   Title  vii. 

lieadsioncs  or  monnments  for  ...     c  27 

parading  with  arms c.  14 

state  aid  extended e.  30 

SPECIAL  JUSTICES. 

tees  at  inquests c.  26 

STATE  AID. 

extended c.  30 

investigation c.  30 

may   be  entrusted    to  grand    army 

'  posts c.  30 

STATE  BOUNDARY c.  1 

STATE  DOCUMENTS. 

number  and  distribution  of  ...     .       c.  4 
STATE  FARM. 

See  State  Woekhovse. 

STATE   HOUSE. 

ccntin>;ent  expenses  at c  5 

STATE  INDUSTRIAL  SCHOOL. 

commiiments  by  United  States  couit,  c.  89 

notice  of  comuiitments c.  89 

recovery  of  expense c.  89 

STATE   LANDS. 

harbor  commissioners  to  have  charge 

of c.  19 

STATE   LIBRARY. 

cleiks c.  5 

annual  appropriation  for  books     .    .       c.  o 

STATE   LUNATIC  HOSPITALS. 

number  and  sex  of  tiustees  .    .         .  c.  87 

fenuile  physician  for c.  87 

STATE   OFFICERS. 

advances  lor  small  expenses     .     .     .  c.  16 

STATE  PRIMARY  SCHOOLS. 

notice  of  committals C  89 

STATE   PRISON. 

appeal  to  governor  and  council     .     .  c.  221 

approval  of  bills c  221 

insiruction  in c.  221 

officers c.  221 


STATE   FRISON— Continued. 

pvintiuf;  in c.  221 

removed  to  Boston c.  221 

sahiiy  of  engineer c.  221 

watchmen  at c.  221 

STATE  WORKHOUSE. 

location  chani;ed c.  88 

name  cliangi  d c.  88 

persons  leaving  and  begging  punished,    c.  88 

removals  from c  221 

removals  to c.  s8 

who  sentenced  to cc  207,  219 

STATISTICS   OF  LABOR. 

papers  may  be  (k>tr<iyed      ....     c  31 

STATUTE   OF  FRAUDS. 

agreement  to  make  will  must  lie  in 

writing c.  78 

STATUTES. 

supplements c.  4 

tables  and  indexes c.  4 

STEAMBOATS. 

on  Lord's  day c.  98 

STEAMBOAT  EMPLOYEES. 

relief  societies c.  115 

STEAMBOAT  POLICE. 

See  DrsTKiCT  Police. 

STENOGRAPHERS. 

superior  court  may  appoint  .     .     .     .   c.  159 
fees  of c  159 

STICKERS. 

dciaclied,  not  to  be  counted  as  ballots,      c.  7 

STOCKS. 

records  of  transfers c.  105 

STREET    COMMISSIONERS    OF 
BOSTON. 
powers  of c.  49 

STREETS. 

See  Ways. 

STREET  RAILWAYS. 

cable  sysieiu  autlimized  .     .     .    cc.  112,  113 

increase  of  capital c.  113 

liability  for  loss  of  life c.  112 

running  over  other  roads      .    .    .    .   c.  113 

SUBPCENA. 

by  justice  of  the  peace c.  169 

SUPERINTENDENT  OF  SCHOOLS. 

towns  may  unite  to  employ  ....     c.  44 

SUPERIOR  COURT. 

appeals  from  probate  court  .     .     .     .  c.  152 

claiuis  against  state c.  195 

clerks  may  use  fac-simile  of  signature,  c.  159 
divorce,  juristliction  of     .    .        cc   146,  152 
in  Plymouth  may  adjourn  to  Brock- 
ton      c.  152 

jurisdiction  in  equity  ;  pleadings  and 

practu  e c.  152 

justices;  number  increased  ....  c.  152 

may  retire  on  salary c.  152 

may  appoint  stenographers  .    ,    .     .  c.  159 

officers  in  attendance c.  1.''9 

to  be  uniformed c.  159 

provision  as  to  justice  holding  crim- 
inal terms  repealed c.  152 

removal  of  actions  from c.  152 

salaries  and  expenses  of  justices  .     .  c.  152 

salaries  of  officers c.  152 

stenographers c.  159 


770 


Subjects  of  New  Legislation-,  18S8. 


SUPERIOR   COURT  —  Continued. 

terms  of c.  152 

trial  list  in  rriminal  cases     .     .     .     .  c.  21-t 

venue,  clianLie  of c.  161 

SUPERVISORS   OF  ELECTIONS. 

sweaiiiiu;  >>( C.  7 

SUPREME  JUDICIAL.   COURT. 

e\i)fii.-L's  of  justices c.  150 

frivolous  appeals C.  150 

full  court  dctiiu'd c   loO 

justices  may  retire  on  salary     .     .     .  c.  150 

salaries  of  officers c.  159 

special  terms  for  capital  cases  .     .     .  c.  150 

term  in  Woi'cester  changed  .     .     .     .  c.  150 

venue,  clinijje  of c.  161 

TAX  COMMISSIONER. 

salarv  of  deputy c.  13 

clerks c.  13 

TAX  SALES. 

ui>pu»nioi)  of  land  purchased  ...  c.  12 

purchase  iiy  collector c.  12 

surplus  iriiiii c.  12 

purchaser    must    file    certificate    of 

residence c.  12 

TAXATION. 

aliaieiiieiir,  application  by  tenant .     .  c.  11 

liaiik  shares,  lien c.  13 

bonds  of  all  railroads  taxable  .     .     .  c.  11 

suits  ai)out c.  13 

collection  of,  law  codified     .    .    .    .  c.  12 

corporations c.  13 

costs  on  appeal  for  abatement  .     .     .  c.  1 1 
debts  which  are  to  be  deducted  from 

assets c.  11 

errors  in  tax  bills c.  6 

exemptions c.  11 

foreiaii  corporations     ....     cc   13,  106 

horticultural  Societies  exempt  .    .    .  c.  11 

insurance  companies c.  13 

limitation  of c.  11 

li-ts  and  returns  of  charities     .     .  cc.  11,  13 

niortirajred  ie;tl  estate c   11 

omitted  estates c.  11 

over  or  under  valuation  punished     .  c.  27 

overlay  valid C.  11 

personal  property  of  assignees,  joint 

owners,  etc c.  11 

royalty  paying  machines      .    .    .    .  c.  11 
safe  deposit,  •  loan  and  trust    com- 
panies    c.  13 

sale  of  property  taken  for    ....  c.  12 

for  school  books  may  be  abated   .  cc.  11.  4t 

savings  banks cc.  13,  116 

surrender  of  title  to  city c.  12 

table  of  ag\Mcgates c.  11 

title  insurance  companies     ....  c.  13 

telephone  companies c.  13 

valuation  books c.  11 

valuation  established c.  11 

vessels  in  foreign  trade c.  11 

warrant,  return  of c.  12 

what  must  be  enumerated    ....  c.  11 
TEACHERS. 

tenure  ot  lafiee c.  41 

TELEGRAPHS  AND  TELEPHONES. 

lanuot  enter  property c.  109 

damages  ti>  abutters  (m  streets      .     .  c.  109 

discrijiiu.ation  forbidd.  n c.  109 


TELEGRAPHS        AND        TELE- 

PHOlNES  —  <oiilh,n,il. 

in  foreign  countries,  how  taxed     .     .     c.  11 

liability  established c.  109 

names  to  be  put  on  posts      .    .     .    .  c.  109 

taxaiion c.  13 

TELLERS. 

attovMi  meetings c.  7 

TEMPERANCE   SOCIETIES. 

exemption  from  taxaiion      ....     c.  11 

TEMPORARY   LOANS. 

in  cities  and  towns c.  29 

TEN-HOUR  LAW. 

evidence  of  age c.  74 

employment  of  children c.  48 

mercantile  establishments     ....     c.  74 
notices  of  hours  of  labor      ....     c.  74 

TENEMENT  HOUSES. 

fire  esca|ie c.  104 

TENURE   OF  OFFICE    .     .     .     .  Title  vii. 
THEATRES. 

fire  curtains c   104 

THEATRICAL  ENTERTAINMENTS. 

unlicensed c.  102 

TIDE  "WATERS. 

removal  of  obstructions  in   ...     .     c.  97 

TIMBER. 

in  Connecticut  river c.  94 

TITLE  INSURANCE   COMPANIES. 

auihiirized c.  106 

taxation  of c.  13 

TOBACCO. 

sale  to  persons  under  sixteen    .    .    .  c.  208 
TOMBS. 

clof-ing  of c.  82 

TOOLS. 

iiisi ruction  in  use  of c.  44 

TOWNS. 

annual  payment  of  debts  instead  of 

sinking  funds c.  29 

appropriation  for  civil  service  ...  c  20 

auditors  to  be  elected       c.  27 

boundary  lines c.  27 

burial  places,  may  receive  funds  for,  c.  82 

culture  of  trees c.  27 

def  icing  warr.mts  punished      .     .     .  c.  203 
election  of  assessors  and  overseers  of 

the  poor c.  27 

evenins  seh  )ols  in  certain     ....  c.  44 
grand  army,  may  lease  public  build- 
ings to c.  27 

headstones  or  monuments  for  sol- 
diers       c.  27 

indexes  of  records c.  37 

issue  of  bonds,  notes,  etc c.  29 

may  contract  with  other  towns  for 

sewers  to  pro'ect  water  supply   .  c.  81 
may  unite  to  employ  superintendent 

of  schools c  44 

meetings c  27 

notice  of  highway  i-ijuries   ....  c.  52 

p  irks c.  27 

petroleum,  may  regulate  inspection  of,  c.  102 

precinct  voting c.  7 

precincts  may  be  discontinued.    .    .       c  7 

recuunt  of  ballots c.  7 

returns  of  sinking  funds c.  II 


Subjects  of  E'ew  Legislation,  1888. 


771 


TOWNS  —  Continued. 

regulation  of  carria^res c.  28 

school  districts,  to  sue  or  defend  for,  c.  45 

soldiers'  monuments c.  27 

taxing  for  shade  trees c.  27 

temporary  loans c  29 

tellers  may  be  appointed c.  7 

voters  to  register c  27 

who  to  preside  at  special  meetings    .  c.  27 

TOY  PISTOLS. 

sale  forbidtitii c.  102 

TRADE  ORGANIZATIONS. 

incorporation c.  115 

TRAMPS. 

persons  leaving  almshouse  or  work- 
house and  begging c.  88 

who  are,  and  how  punished      .    .     .  c.  207 

TKEASURER,  STATE. 

additional  clerk c.  16 

extra  clerks c.  16 

office  hours c.  21 

salary c.  16 

salaries  of  clerks c.  16 

standard  of  exchange c.  16 

TREES. 

act  need  not  be  accepted c.  fi4 

land  taken  for,  by  cities c.  27 

may  be  planted  by  cities c.  54 

removal  of,  in  ways c.  52 

TRESPASS. 

on  public  lands c.  203 

TRIAL  JUSTICES. 

failing  to  attend c.  212 

jurisdiction  in  milk  cases     .    .     .     .  c   15o 

power  to  sentence  to  reformatory .    .  c.  155 

preservation  of  dockets  and  records,  c.  loo 

pmceedings  where  he  fails  to  attend,  c  212 

returns c  155 

uniform  dockets c.  155 

when  to  pay  over  money c.  155 

witness  fees  to  be  paid c.  154 

TRIAL  LIST. 

criminal  in  superior  court    .    .    .     ,  c.  214 

TRIALS. 

day  may  be  fixed  by  agreement    .     .  c.  167 

trial  justice  tailing  to  attend      .     .     .  c.  212 

where  more  than  one  shire  town  .    .  c.  167 
See  JrvExiLE  Offenders. 

TROUT. 

protected c.  91 

TRUANT  SCHOOLS, 

union  truant  schools c.  48 

TRUST  COMPANIES. 

incorporation cc.  105,  118rt 

personal  liability     ....      cc.  106,  118« 
business  regulated c.  118« 

TRUSTEE  PROCESS. 

claimant,  proceedings  where     .     .     .  c.  183 

costs c.  183 

from  trial  justices  when  returnable  .  c  183 

return,  appearance  and  answer     .    .  c.  183 

relief  societies  exempt c.  183 

sailors'  wages  cr  lay  exempt    .    .     .  c.  183 

UNNATURAL  AND  LASCIVIOUS 
ACTS, 

punished c.  207 


UNITED  STATES. 

jurisdiction  of  land  for  fish  commis- 
sioners       c.  1 

USURY. 

on  small  loans c.  77 

VENUE. 

change  of c.  161 

VESSELS  IN  FOREIGN  TRADE. 

taxation c.  11 

VETO. 

of  separate  items c.  28 

VINEGAR. 

adulteration  of c.  60 

inspection  of c.  60 

pay  of  inspectors c.  GO 

VOLUNTARY  SOCIETIES. 

embezzlement c.  203 

VOTERS. 

persons  not  qualified,  punished    .     .       c.  7 
to  be  allowed  time  to  vote    ....    ,c.  7 
See  KEGisTRAriox  ;  Election;  Registration 
OF  Voters. 

VOTING  LIST. 

See  Check  List. 

WARDS. 

new,  abolished c  28 

new  division c.  28 

return  of  division c.  28 

return  of  inhabitants  and  voters  by,  c.  28 
See  Cities. 

WAREHOUSES. 

public c.  72 

non-negotiable  receipts c  72 

sale  of  goods  for  charges     ....  c.  72 

WARRANTS. 

by  justices  of  the  peace c.  15.5 

to  officers  in  any  county c.  212 

See  Skarch  Warrants;  Towns. 

WATCHMEN. 

in  boarding  houses,  hotels,  etc.     .    .  c.  104 

WATER  SUPPLY. 

bathing  in  ponds  forl)idden  ....  c.  80 

p('lliition  may  be  restrained      .     .     .  c.  80 

powers  of  board  of  health  ....  c.  81 

supervision  of c.  80 

WAYS. 

guide  posts  required c.  53 

removal  of  trees  in c.  52 

See  Highways. 

WEAVING. 

fines  for  imperfect c.  74 

WEEKLY  PAYMENTS c.  74 

WEIGHERS. 

of  fish c.  56 

WEIGHTS  AND   MEASURES. 

for  cranl)erries c.  60 

for  coal c  60 

of  beans,  cider  apples  and  peas    .    .  c.  60 

possession  of  unlawful,  punished      .  c.  65 

WIPE. 

See  Married  Woman. 

WILD  DUCKS. 

protection  of c.  92 

WILD   FOWL. 

protection  of c.  92 


772 


Subjects  of  New  Legislation,  1888. 


WILL. 

agreement  to  make  must  bo  in  writ- 


c.  78 


expenses  of  proving c.  130 

WITNESSES. 

attciuiance  before  special  tribunal     .  c.  169 

befoic  police  commissioners     .    .    .  c.  169 

bindmfr  over c.  212 

fees  at  inquests c.  26 

fees  for  summoning c.  199 

power  of  justices  to  summon    .  cc.  155,  169 

WOMEN". 

assessment  of c.  6 

autliorizcd  to  administer  oaths     .    .  c.  18 

arrest  and  detention c.  220 

employment  of c.  71 

female  pli\  sician  for  lunatic  hospitals,  c.  87 

maj'  be  assistant  register  of  deeds    .  c.  24 

may  practise  law c.  159 

meal  times c.  48 

overseers  of  the  poor c.  27 


WOM'EN  —  Co7itiniced. 

rcfjistration  of c  6 

See  Employment;    Markieo    Woman;    Re- 

FOKMATOKY    PkISON. 

WOODCOCK. 

protected c.  92 

WOODEN  FLUES. 

forliidden c.  104 

WORCESTER  COUNTY. 

divided  for  registry c.  24 

terms  of  supreme  court  in    .    .    .    .   c.  150 

WORKHOUSE. 

transfer  of  inmates c.  88 

trustees c.  88 

WRECKS. 

di>posal  of c.  97 

commissioners  of,  bond  and  powers,  c.  97 

removal  of c.  97 

WRITS. 

fac-simile  of  signature c.  161 

and  orders  issued  in  other  counties   .  c.  161 


INDEX. 


'/ 


IXDEX. 


A. 

Page 
Abatement  of  taxes  on  real  estate,  may  be  applied  for  bj'  tenant 

who  is  under  obligation  to  pay  the  same  ....  2,17 
Abington,  town  of,  may  make  an  additional  water  loan  .  .  39,  145 
Abingtou  and  Kockland,  towns  of,  may  supply  town  of  Hanover 

with  water 143 

Academj',  Westfleld,  trustees  may  expend  Income  of  funds  in  aid  of 

the  high  school  in  Westtield 409 

Accident,  when  death  by,  occurs  upon  a  i-ailroad,  copy  of  evidence 

taken  at  inquest  to  be  forwarded  to  railroad  commissioners,      326 
Actions  for  the  summary  process  for  the  recovery  of  land,  in  rela- 
tion to  bonds  on  appeal 265 

Actions  upon  fire  insurance' policies,  in  relation  to     ....       112 
Accounts  of  county  officers,  etc.,  controller  of,  to  recommend  a  sim- 
ple method  of  accounting  for  public  funds    ....       224 
Administrators  and  executors,  affidavits  of  notice  of  appointment 

and  sales  of  real  estate  by 110 

Administrators  and  executors,  confirmation  of  defective  acts  of      .       470 
Affidavits  of  notice  of  appointment  and  sales  of  real  estate  by  ad- 
ministrators and  executors  to  be  admitted  as  evidence        .       110 
African  Methodist  Episcopal  Church  in  Springfield,  incorporated     .       1G7 

Age  of  consent  determined 401 

Aged   females,   Newburyport  society  for  the  relief  of,  may  hold 

additional  estate 239 

Aged  females  in  the  city  of  Worcester,  trustees  of,  name  changed  to 
the  trustees  of  the  Home  for  Aged  Women  in  the  city  of 

Worcester 84 

Agent  for  discharged  female  prisoners,  salary  established  .  .  2C7 
Agent  for  prosecution  of  war  claims,  may  be  employed  to  prosecute 

claim  for  refund  of  direct  tax 540 

Agent,  state,  to  be  appointed  to  prosecute  claims  for  pensions,  etc.,  403 
Agreements  to  make  wills  of  real  and  personal  estate,  in  relation  to,  331 
Agricultural  college,  Massachusetts,  additional  copies  of  the  report 

of  trustees  to  be  printed 534 


776 


Index. 


Page 
Agricultural  college,  Massachusetts,  allowance  for  buildings,  repairs, 

etc.  ............  551 

Agricultural  experiment  station,  Massachusetts,  samples  of  com- 
mercial fertilizers  to  be  deposited  with  director  of      .         .  235 
number  of  members  of  board  of,  to  be  increased     .        .        .  269 

extra  copies  of  report  to  be  printed 534 

Agricultural  Society,  Oxford,  incorporated 71 

Agriculture,   secretary  of  state  board   of,  extra  copies  of  annual 

report  to  be  printed 533 

Aid,  in  cases  of  necessity,  to  persons  who  served  in  the  army  or 

navy  during  the  rebellion 504 

for  prisoners,  discharged  or  removed  from  the  Massachu- 
setts reforniatoFy 264 

for  discharged  female  prisoners 448 

Allowances  to  wife  and  children  of  insolvent  debtors  ...  53 
Almshouse,  state,  at  Tewksbury,  allowance  for  improvements  .  549 
Almshoii-^e,  state,  at  Tewksbury,  trustees  may  sell  land  at  .  .  554 
Amendment  to  the  constitution,  proposed,  to  prohibit  the  manufac- 
ture and  sale  of  intoxicating  liquors  as  a  beverage  .  .  506 
American  Board  of  Commissioners  for  Foreign  Missions  may  hold 

annual  meetings  without  tiie  Commonwealth        .         .         .  278 

American  Landlord's  Liability  Insurance  Company,  incorporated     .  1G9 
Amesbury,  town  of,  statue  of  Josiah  Bartlett  at,  acceptance  and 

dedication  by  the  Commonwealth 559 

Amesbury,  town  of,  water  supply  for 108 

Ancient  and  Honorable  Artillery  Company,  allowance  for  a  salute  .  555 

Andover  and  Lawrence  bridges,  in  relation  to 77 

Appeal,  bonds  on,  for  summary  process  for  recovery  of  land    .        .  2G5 
Appeal,  or  exception  allowed,   if  not  entered  in  supreme  judicial 
court,  judgment,  etc.,  maj' be  affirmed  by  court  in  which 

appeal,  etc.,  was  taken  upon  application  of  adverse  party  .  71 

Appeals  from  probate  courts,  relating  to 231 

AprUOPKIATIONS  : 

Ilaintenance  of  Government,  — 

Legi-slative,    Executive,    Secretary's,  Treasurer's,  Auditor's, 
Attorne3'-Generars,  Agricultural,  Educational,   Tax   Com- 
missioner's and  Military  Departments ;  miscellaneous        .  3 
Maintenance  of  Government,  additional, — 

Supreme   Judicial,    Superior    and   Probate   and    Insolvency 
Courts,  and  District  Attorneys,  salaries        ....         10 
Maintenance  of  Government,  further  additional,  — 

Legislative,  Executive  and  Agricultural  Departments,  com- 
missioners, state  house,  miscellaneous,  incidental  and  con- 
tingent expenses,  expenses  resulting  from  the  war  of  the 
rel)ellion 20 

compensation  and  mileage  of  the  members  of  the  legislature, 
for  the  compensation  of  officers  thereof,  and  for  expenses 
in  connection  therewith 9 


I^^DEX.  777 

Page 
ApPHOPrtiATiONS  —  Coucluded. 

printing  and  binding  public  documents,  pnrcliase  of  paper, 
publishing  laws,  and  preparing  tables  and  indexes  relating 
to  the  statutes         .........         13 

salaries  and  expenses  at  the  state  industrial  school  for  girls,         15 
compensation  and  mileage  of  officers  and  men  of  the  volun- 
teer militia,  and  for  other  expenses  of  the  military  depart- 
ment       ...........         15 

salaries  and  expenses  of  the  state  district  police  force  .  .  16 
Commonwealth's  flats  improvement  fund  and  for  the  prison 

and  hospital  loan  sinking  fund 17 

certain  educational  expenses 18 

incidental,  contingent  and  miscellaneous  expenses  of  the 
various  departments  and  commissions  of  the  Common- 
wealth       20 

deficiencies  in  appropriations  for  certain  expenses  author- 
ized in  the  year  1887 25 

IJriuting  and  binding  the  decennial  census  ....  26 
salaries  and  expenses  at  the  state  primary  school  at  Monson,  26 
salaries   and  expenses   at  the    Lyman  school    for   boys    at 

Westborough 27 

salaries  and  expenses  at  the  state  prison,  Massachusetts 
reformatory,  the  reformatory  prison  for  women,  and  for 

expenses  in  connection  therewith 28 

salaries  and  expenses  at  the  state  almshouse  at  T.ewksbury,        31 

sundry  charitable  expenses 31 

salaries  and  expenses  at  the  state  farm  at  Bridgewater  .  .  33 
investigation  into  the  best  methods   of  protecting  the  purity 

of  inland  waters 33 

compensation  and  expenses  of  the  joint  special  committee 

appointed  by  the  legislature  of  1887 34 

preparation  and  publication  of  the  provincial  laws  ...  45 
expenses  authorized  in  the  year  1888,  and  for  certain  other 

expenses  authorized  by  law   ....  62,  149,  318,  519 

counsel  employed    by  the    governor  to   assist  in  defence  of 

actions  brought  to  recover  national  bank  taxes    ...         75 
current  expenses  at  the  Westborough  Insane  Hospital   .         .       116 
carrying  out  the  provisions  of  the  act  relating  to  the  employ- 
ment of  prisoners  in  the  prisons  of  the  Commonwealth       .       206 

widow  of  the  late  John  W.  Bacon 228 

Arbitration,  state  board  of,  extra  copies  of  report  to  be  printed       .       539 
Arbitration  and  conciliation,  state  board  of,  salary  of  clerk,  etc.      .       213 
Arcanum,  Supreme  Council  of  the  Royal,  may  hold  its  annual  meet- 
ings in  the  district  of  Columbia  or  the  dominion  of  Canada,         17 
Armenia  College  funds.  Trustees  of,  name  changed  to  The  Trustees 

of  Euphrates  College  funds 39 

Armories  for  the  volunteer  militia       .......       352 

Armory  commissioners  to  be  appointed 352 


778  Index. 

Page 
Asliburnliam,  town  of,  not  to  be  deprived  from  siippl.ving  itself  with 

water  from  Upper  Naukeag  pond 529 

Aslibiirnham,  town  of,  water  supply  for 405 

Ashland  and  Framingham,  towns  of,  Washaknm  pond  in,  purity  of 

waters  to  be  preserved 330 

Asiiuclot  Railroad  Company  of  New   Hampshire,  the  Connecticut 

River  Railroad  Company  may  unite  with       ....  53 

Assessment  of  taxes,  time  extended  for  application  for     .         .         .  165 

Assessment  of  taxes  in  certain  cases,  concerning       ....  325 

Assessors  of  taxes,  evening  sessions  of 1G6 

to  submit  to  inspection  of  residents  and  property  holders 

upon  request,  the  list  of  valuation  and  assessment       .         .  246 
notice  to  be  given  by,  relating  to  returns  to  be    made    of 
property  held  for  benevolent,  charitable  or  scientific  pur- 
poses          26+ 

in  towns,  to  post  lists  of  persons  assessed  for  poll  taxes         .  170 
Assessors'  list  of  vaUiation  and  assessment,   property   iiolders  to 

have  free  access  to,  for  examination     .....  246 
Assignees  in  insolvency,  validity  of  mortgages  of  real  estate  as 

against 402 

Assistant  district  attorney  for  the  south-eastern  district,  clerk  of 

the  district  attorney  may  be  appointed  to  act  as  .        .        .  217 

Assistant  district  attorney  for  the  eastern  district  salary  established,  230 

Association,  Avon  Cemetery,  incorporated 345 

Boston  Real  Estate,  incorporated 93 

Chestnut  Hill  Real  Estate,  of  Marlborough,  incorporated       .  50 

Naskatucket  Cemetery,  incorporated 447 

National  Prison,   may   use  hall  of  house  of  representatives 

for  meeting;  allowance  for  expenses    .....  552 

National  Woman  Suffrage,  of  Massachusetts,  incorporated     .  184 
Seaman's  Widow  and  Orphan,  of  Salem,  may  hold  additional 

real  and  personal  property 42 

Spencer  Farmers'  and  Mechanics',  incorporated      ...  68 

Standish  Monument,  allowance  to 541 

Workingraeu's  Building,  incorporated      .....  70 

Workingmen's  Loan,  incorporated    .        .        .        .        .        .  81 

Associations,  certain  literary  and  other,  exemption  of  property  from 

taxation 114 

Asylum  for  Destitute  Children,  Hunt,  name  established    .        .         .  178 

Asylum  for  insane  at  Tewksbury,  admissions  to         .         ...  54 
Attachments,  where  bonds  are  given  to  dissolve,  special  judgments 

may  be  entered,  etc 417 

Atlleborough,  town  of,  proceedings  of  town  meeting  confirmed        .  73 
Atlantic  Wharf  Company,  organization  confirmed;  may  sell,  etc., 

property 106 

Attorney-general,  to  approve  forms  of  dockets  and  blanks  to  be 
furnished  for  use  of  district  courts,  etc.,  for  nse  in  criminal 

cases 228 


Index. 


779 


Attorney-general,  the  law  clerk  to,  to  be  known  as  second  assistant 

attornej'-general 

Attucks,  Crispus,  concerning  the  erection  of  a  memorial  to 
Auditor  of  the  Commonwealth,  may  employ  an  additional  clerk 
Auditor  in  towns,  office  of,  established       ..... 
Auditors,  masters  in  chancery,  etc.,  to  file  final  report  within  ninety 

days  after  hearing  closed 

Avon,  town  of,  incorporated;  set  off  from  Stonghton 

Avon  Baptist  Church,  name  established 

Avon  Cemetery  Association,  incorporated 


Page 

472 
534 
487 
180 

227 

43 

163 

345 


B. 

Bacon,  John  William,  allowance  to  widow  of     .        .        .        .       228,  547 

Baldwinsville,  Hospital  Cottages  for  Children  in,  allowance  to        .  560 

Ballots,  form  of 493 

to  be  used  in  cities  in  voting  upon  question  of  granting  liquor 

licenses  in  the  year  1888 488 

to  be  used  in  towns  in  voting  upon  question  of  granting  liquor 
licenses  to  be  furnished  bj'  the  secretary  of  the  Common- 
wealth       487 

cast  by  women  in  elections  of  school  committees,  relating  to,  313 
cast  at  elections  in  towns  and  cities  after  Nov.  1,  1889,  for 
national,  state,  district  and  county  officers,  and  for  munici- 
pal officers  iu  cities,  to  be  printed  and  distributed  at  public 

expense 490 

recount  of,  in  cities,  concerning        ......  123 

Bank,  Savings,  Ludlow,  incorporated 47 

Bank,  Savings,  Whitman,  incorporated 39 

Bank,  Security  Savings,  in  West  Boylston,  incorporated  ...  75 

Banks,  savings,  division  of  net  profits  of,  relating  to         .        .        .  316 

annual  examinations  of      ........  46 

investments  by,  relating  to        ....    47,69,177,202,241 

members  of  the  corporation  of,  relating  to       ....  89 

commissioners  of,  additional  number  of  annual  reports  to  be 

printed 154 

commissioners  of,  to  have  certain  supervision  of  the  Col- 
lateral Loan  Company 127 

Banks,  savings,  and  institutions  for  savings,  to  call  in  books  of  de- 
posit at  stated  intervals  for  verification        ....  40 

meetings  of  boards  of  trustees  regulated 72 

annual  report  of  treasurer 94 

may  invest  in  the  bonds  and  notes  of  the  Boston  and  Lowell 

Eailroad  Corporation 47 

may  invest  in  bonds  of  New  York  and  New  England  Railroad,  241 
may  invest  in  bonds  and  notes  of  the  Boston  and  Maine  Rail- 
road           202 


780  Index. 

Page 
Baptist  Home  Mission  Societj^  Woman's  American,  purposes  en- 
larged       1C9 

Bartlett,  Josiah,  acceptance  and    dedication  of  statue  of,  by  the 

Commonwealth 559 

Battlefield  of  Gettysburg,  allowance  for  erecting  flank  stones  and 

mounting  cannon  at 548 

Bay  State  Gas  Company,  may  increase  capital  stock         .        .        .       477 

Beans  and  peas,  sale  regulated 446 

Beer,  wine,  etc.,  containing  more  than  one  per  cent,  of  alcohol  to 

be  deemed  to  be  intoxicating  liquors 180 

Beneficiary  organizations,  fraternal,  concerning  ....  478 
Bennett,  Joseph,  justice  of  the  peace,  acts  confirmed  .  .  .  6G1 
Berkshire  county,  trout,  landlocked  salmon,  etc.,  in,  time  limited 

for  taking 224 

Bertram,  Mary  A.,  and  others,  city  of  Salem  may  accept  deed  of 

gift  of .36 

Beverly  Fuel  Society,  incorporated 37 

Birds  and  game,  for  better  preservation  of 232 

Black  duck,  in  Plymouth  harbor,  etc.,  shooting  regulated         .        .       221 
Board  of  arbitration,  state,  extra  copies  of  report  to  be  printed        .       539 
Board  of  arbitration  and  conciliation,  state,  salary  of  clerk,  etc.      .       213 
Board  of  control  of  the  Massachusetts  agricultural  experiment  sta- 
tion, number  of  members  increased       269 

Board  of  education,  state,  to  report  upon  expediency  of  fixing  tenure 

of  oflice  of  superintendents  of  schools 538 

Board  of  education,  state,  to  prepare  a  plan  for  the  more  equitable 

distribution  of  the  school  fund       ......       563 

Board  of  health,  state,  to  investigate  concerning  the  pollution  of 

ponds  and  streams  from  which  ice  is  cut  for  domestic  use  .      557 
to  have  general  care  and  oversight  of  all  inland  waters  .        .      343 
duty  of,  in  regard  to  sewage  disposal  in  Mystic  and  Charles 
river  valleys    ..........       550 

extra  copies  of  report  on  protection  of  inland  waters  to  be 

printed 535 

Board  of  lunacy  and  charity,  state,  may  transfer  pauper  lunatics  to 

asylum  for  insane  at  Tewksbury 54 

Board  of  lunacy  and  charity,  state,  certain  neglected  children  may 

be  committed  to  custody  of 200 

Board  of  registration  in  dentistry,  extra  copies  of  report  to  be 

printed 536 

Board  of  Trade,  New  Bedford,  incorporated 321 

Boards  of  fire  engineei's,  penalty  for  violation  of  rules  or  regulations 

established  by 180 

Boards  of  health,  duties  of,  in  relation  to  the  burial  and  removal  of 

body  of  deceased  person 246 

Boiler  Insurance  Company,  Mutual,  of  Boston,  charter  amended     .        36 
Bonds,  to  be  given  by  city  and  town  clerks  for  the  faithful  account- 
ing of  monej-s  received  for  dog  licenses        ....      2G3 


Index.  781 


Bonds,  liquor  license,  relating  to 227 

on  appeal  in  actions  for  the  summary  process  for  the  i-ecovery 

of  land,  in  relation  to 265 

given  to  dissolve  attachments  or  to  prosecute  reviews,  special 
judgments  may  be  given  in  certain  cases       ....       417 
Boston,  city  of,  may  pay  salary  of  the  late  Benjamin  Gushing  to  his 

widow 58 

family  hotels  in,  watchmen  in,  not  required  when  the  inspec- 
tor of  buildings  so  decides 68 

list  of  jurors  in,  preparation  and  revision  of  ....  92 
pensioning  disabled  members  of  the  tire  department  in  .  .  141 
elections  of  members  of  the  common  council  from  wards  22 

and  23 142 

time  extended  for  building  the  Horace  Mann  schoolhouse  in  .  210 
to  widen  draws   in   Neponset   avenue   and   Granite  avenue 

bridges 226 

may  pay  salaries  to  members  of  the  board  of  aldermen  .  .  229 
overseers  of  the  poor  in,  may  hold  real  and  personal  estate 

not  exceeding  .$1,000,000 264 

inspection  and  construction  of  buildings  in  .  .  68,  258,  327,  475 
may  refund  money  paid  for  betterments  for  the  marine  park  .  345 
may  incur  indebtedness  beyond  the  legal  limit  for  procuring 

lands  for  public  parks 401 

laying  out,  alteration,  discontinuance  and   repairs  of  high- 
ways in,  relating  to 403 

police  signal  system  may  be  extended  in 410 

municipal  court  of,  salaries  of  constables  in  attendance  at 

sessions  for  criminal  business         ......       157 

municipal   court  of,  additional  associate  justice   to   be   ap- 
pointed  468 

may  supply  water  to  the  Milton  "Water  Gompany  .  .  .  424 
terminal  facilities  of  Kevere  Beach  and  Lynn  Railroad  may  be 

increased  in 233 

Boston  Heating  Gompany,  may  increase  capital  stock       .        .        .       216 
Boston,  Trustees  of  the  Presbytery  of,  incorporated        .         .         .       329 
Boston  Lying-in  Hospital,  may  hold  additional  real  and  personal 

estate       ...........        56 

Boston,  Mutual  Boiler  Insurance  Gompany  of,  charter  amended       .        86 
Boston  Real  Estate  Association  of  Boston,  incorporated  ...        93 
Boston  Tow  Boat  Gompany,  charter  amended    .....         51 

Boston,  Winthrop  and  Shore  Raih'oad  Gompany,  may  relocate  por- 
tions of  railroad  in  town  of  Winthrop 209 

Boston  and  Albany  Railroad  Gompany  and  the  cities  of  Boston  and 
Gambridge,  to  widen  draws  in  certain  bridges  over  Charles 

river 185 

Boston  and  Gambridge  and  the  Boston  and  Albany  Railroad,  to  widen 

draws  in  certain  bridges  over  Gharles  river  .        .        .        .185 


782  Index. 

Page 
Boston  and  Cambridjjfe,  commissioner  of  new  bridge  between,  com- 
pensation of    .........         .  242 

Boston  and  Lowell  Railroad  Corporation,  savings  banks  may  invest 

in  the  bonds  and  notes  of       .......  47 

Boston  and  Maine  Railroad,  maj'  purchase  the  franchises  and  prop- 
erty of  the  Eastern  Railroad  Company,  and  the  Eastern 
Railroad  in  New   Hampshire,  and   the  Portsmouth,  Great 

Falls  and  Conway  Railroad 201 

Boston  and  Providence  Railroad  Corporation,  may  lease  its  road, 

etc.,  to  the  Old  Colony  Railroad  Company    ....  40 

Boundary  line  between  New  Bedford  and  Dai'tmouth        .        .        .  238 

Boundary  lines  of  towns,  definition  and  preservation  of   .         .         .  271 
Boundary  lines  of  cities  and  towns,  determination  of,  by  triangula- 

tion 539 

Bounty  for  the  destruction  of  seals 229 

Bourne,  town  of,  selectmen  maj'  grant  permits  to  take  scallops        .  182 
Bridge  across  tide-water  creek  in  Westport,  Lucius  M.  Sheldon  may 

build .  73 

Bridge  across  Swift's  Narrows,  town  of  Wareham  may  build   .        .  233 
Bridge  across   Connecticut    river,   between    Holyoke  and    South 
Hadley,  county  commissioners  of  Hampden  and  Hampshire 

to  rebuild 260 

Bridges  constructed,  etc.,  by  a  county,  travel  over,  may  be  con- 
trolled by  county  commissioners 256 

Bi'idges,  Lawrence  and  Andover,  in  I'elation  to          ....  77 

Bridgewater,  state  farm  at,  allowance  for  new  buildings  .         .         .  550 
Bridgewater,  state  normal  school  at,  allowance  for  steam  boilers, 

etc 561 

Bridgman  and  Smythe  Company,  name  changed  to  The  William  E. 

Smythe  Company 30 

Brimfleld,  Hitchcock  Free  High  School  in,  relating  to       ...  34 

Bristol  county,  superior  court  for,  additional  terms  established       .  256 
Brockton,  city  of,  may  provide  for  surface  drainage,  etc.,  and  may 

borrow  money  for  that  purpose 247 

Brookfleld,  town  of,  water  supply  for 59 

Brooklield,  town  of,  proceedings  at  annual  town  meeting  confirmed,  234 

Brookline,  police  court  of,  office  of  clerk  established        ...  49 

Brookline,  town  of,  additional  water  supply  for         ....  97 

Brush  Hill  Water  Company,  incorporated 430 

Building  Association, "Workingmen's,  incorporated  ....  70 

Buildings,  erection  and  construction  of,  regulated     ....  257 

sanitary  provisions  and  proper  ventilation  for         .        .       110,  244 

public,  egress  and  means  of  escape  from,  in  case  of  fire  .        .  473 

in  the  city  of  Boston,  inspection  and  construction  of,  relating 

to 68,  258,  327,  475 

Buildings  and  other  structures  alleged  to  be  unsafe  or  dangerous, 

inspection  of 408 


Index.  783 

Page 
Bailcliiigs  and  lands,  liens  on,  notice,  etc.,  of  petitions  for  the  en- 

forceiuent  of 278 

Bureau  of  statistics  of  labor,  annual  reports  of,  printing  and  dis- 
tribution   29 

first  and  second  clerks  of,  salaries  established          .         .         .  8'> 

parts  of  annual  reports  of,  to  be  reprinted        ....  581 

Burglary,  penalties  for  the  offence  of.         ......  1(J0 

Burial  or  removal  for  burial  of  the  body  of  a  deceased  person  not  to 

be  done  without  a  permit        .......  245 

Buzzard's  ba}^  scallop  tishery  in  head  waters  of,  regulated       .        .  182 

c. 

Cambridge,  city  of,  board  of  registrars  of  voters  in          ...  54: 

may  borrow  money  in  excess  of  the  lawful  limit  ...  56 
may  take  land,  etc.,  for  providing  a  reservoir  and  storage 

basin 102 

right  to  take  waters  of  Spy  pond.  Little  pond  and  Wellington 

brook  repealed 115 

registry  of  deeds  building  in,  an  addition  to  be  erected  .  .  181 
Cambridge  and  Boston,  cities  of,  and  tlie  Boston  and  Albany  Eail- 

road   Company  to  widen    draws   in    certain   bridges   over 

Charles  river 185 

Cambridge  and  Boston,  commissioner  of  bridge  between,  compensa- 
tion of 242 

Capital  stock  of  corporations  organized  under  chapter  115  of  the 

Public  Statutes  may  be  increased  to  .$500,000        .         .         .  143 

Carroll,  James  B.,  acts  conHrmed  as  a  justice  of  the  peace  .  .  533 
Cars  of  one  street  railway  company  not  to  run  over  the  tracks  of 

another  without  approval  of  the  railroad  commissioners  .  225 
Cars,  railroad,  heating  and  lighting  of,  subject  to  be  investigated 

by  the  railroad  commissioners 565 

Cary  Library,  incorporated 275 

Caucuses  or  public  meetings  of  the  qualified  voters  of  cities  and 

towns  for  political  purposes,  holding  regulated  .  .  .  516 
Cemeteries,  public,  in  town  of  Winchester,  relating  to  .  .  .155 
Cemetery,  Forest  Hills,  trustees  of  the  proprietors  of,  election  of 

officers,  making  of  by-laws,  etc ]'J 

Cemetery,  Harmory   Grove,    of  Salem,    may   hold   additional   real 

estate Ill 

Cemetery  Association,  Avon,  incorporated         .....  345 

Cemetery  Association,  Naskatucket,  incorporated     ....  447 

Cemetei'y  Corporation,  Foxborough,  may  enlarge  cemetery      .        .  147. 

Central  district  court  of  Worcester,  salary  of  justice  ...  46 
Central   district  court  of   Worcester,  extra  clerical  assistance  for 

the  clerk ]4S 

Centre  Village  of  Leicester,  water  supply  for 128 

Change  of  names Gu7 


784  IXDEX. 

Page 
Charitable,  educational,  etc.,  purposes,  corporations  formed  for,  may 

increase  capital  stock      ........  US 

Cliarlemont  Rural  Club,  incorporated 189 

Charles  river,  draws  in  certain  bridges  over,  to  be  widened      .         .  185 
Chelmsford,  the  Parish  of  St.  Anne's  in  the  town  of,  name  changed 

to  the  Parish  of  All  Saints 48 

Chelsea,  city  of,  First  Baptist  Society  in,  may  sell  real  estate  .         .  126 
Chelsea,  city  of,  tracks  of  East  Middlesex  Street  Railway  may  be 

located  and  extended  in 114,422 

Chelsea  Safe  Deposit  and  Trust  Company,  incorporated   .         .         .  472 

Chestnut  Hill  Real  Estate  Association  of  Marlborough,  incorporated,  50 
Chicopee,  town  of,  certain  remains  of  the  dead  in,  to  be  removed 

and  reinterred 183 

Ciiildron,  employment  of,  regulated    .......  301 

not  to  be  compelled  by  railroad  corporations  to  ride  in  smok- 
ing cars 142 

neglected,  and  juvenile  offenders,  concerning  .        .        .        .  200 

deaf,  free  instruction  provided  for 190 

Children,  Destitute,  Hunt  Asylum  for,  name  established  .        .        .  178 

Children,  Hospital  Cottages  for,  at  Baldwiusville,  allowance  to        .  560 

Cliildren,  The  Gwynne  Temporary  Home  for,  name  established         .  88 

Children's  Home,  Infant  School  and,  name  changed  ....  178 

Churcli,  African  Methodist  Episcopal,  in  Springfleld,  incorporated  .  167 
East   Stoughton  Baptist,   name    changed    to  Avon   Baptist 

Church 163 

Trinitarian,  in   New  Bedford,  doings   confirmed;   may  hold 

additional  real  and  personal  estate         .         .         .         .         .  187 

Cider  apples,  sale  regulated 446 

Cities,  declaration  of  the  result  of  elections  in,  and  the  issue  of  cer- 
tificates to  persons  elected     .......  123 

may  by  ordinance    prescribe    that    fees  received  by  their 
ofliicials  be  paid  into  the  treasury  and  that  compensation  be 

made  in  lieu  thereof        ........  247 

new  division  of  wards  in,  provided  for 502 

may  indemnify  police  officers  for  injuries  received,  etc. .        .  346 
form  of  ballot  to  be  used  in,  in  the  year  1888,  upon  question 

of  granting  liquor  licenses 487 

Cities  and  towns,  maj'^  require  the  registration   and  licensing  of 

plumbers 77 

in  same  water-shed,  may  unite  in  sewer  system  for  preserva- 
tion of  water  source  from  pollution 115 

where  salt-water  fish  are  lauded  from  vessels,  public  weigher 

to  be  appointed 122 

where  property  is  destroyed  by  fire,  investigation  of  cause 

and  origin  to  be  made 164 

to  equip  their  fire  departments  with  apparatus  for  saving  life 

at  fires 251 


Index.  785 

Page 

Cities  and  towns,  clerks  of,  to  give  bonds  for  the  faitliful  accounting 

for  moneys  received  for  dog  licenses     .....  263 

certificates  and  registry  of  deaths,  and  the  burial  and  removal 

of  bodies  of  deceased  persons  in   .         .         .         .         .         .  245 

City  of  Boston,  may  pay  salary  of  the  late  Benjamin  Gushing  to  his 

widow      ...........  58 

family  hotels  in,  watchmen  in,  not  required  when  the  inspec- 
tor of  buildings  so  decides 68 

list  of  jurors  in,  preparation  and  revision  of    ....  92 

pensioning  disabled  members  of  fire  department  in          .         .  141 

election  of  members  of  the  council  in  wards  22  and  25  in        .  142 

time  extended  for  building  the  Horace  Mann  schoolhouse  in  .  210 

to  widen  draws  in  Neponset  avenue  and  Granite  avenue  bridges,  226 

may  pay  salaries  to  members  of  tlie  board  of  aldermen  .         .  229 
overseers  of  the  pour  in,  may  hold  real  and  personal  estate 

not  exceeding  $1,000,000 264 

inspection  and  construction  of  buildings  in     '.  68,  258,  327,  475 

may  refund  portion  of  money  paid  as   betterments  for   the 

marine  park     ..........  345 

may  incur  indebtedness  beyond  the  limit  fixed  by  law  for  its 

puljlic  parks 401 

laying  out,  repairs,  etc.,  of  highways  in,  relating  to       .         .  403 

police  signal  system  may  be  extended  in 410 

municipal  court  of,  salaries  of  constables        ....  157 

municipal  court  of,  additional  justice  to  be  appointed     .         .  468 

may  supply  water  to  the  Milton  Water  Company      .         .         .  424 
terminal  facilities  of  the  Revere  Beach  and  Lynn  Railroad 

may  be  increased  in 233 

City  of  Brockton,  maj^  provide  for  surface  drainage,  etc.,  and  may 

borrow  $50,000  for  the  purpose 247 

City  of  Cambridge,  board  of  registrars  of  voters  in  .         .         .         .  54 

may  borrow  money  in  excess  of  the  lawful  limit      .         .         .  5G 
may  take  land,  etc.,  for  providing  a  reservoir  and   storage 

basin 102 

right  to  take  waters  of  Spy  pond,  Little  pond  and  Wellington 

brook,  repealed        .         .         .         .         .         .         .         .         .115 

registry  of  deeds  building  in,  an  addition  to  be  erected  .        .  181 
City  of  Chelsea,  track  of  East  Middlesex  Street  Railway  Company 

may  be  located  and  extended  in 114,  422 

City  of  Chelsea,  First  Baptist  Society  in,  may  sell  real  estate  .  .  126 
City  of  Fall  River,  erection  of  court  house  in  .  .  .  ,  .516 
City  of  Gloucester,  may  issue  bonds,  etc.,  for  paying  and  refunding 

indebtedness   96 

City  of  Gloucester,  police  court  of,  salaries  of  justice  and  clerk      .  188 

City  of  Ilolyoke,  police  force  of,  tenure  of  office  of  members  of        .  355 

City  of  Lawrence,  charter  I'evised 505 

City  of  Lawrence,  may  be  reimbursed  for  a  portion  of  the  expense  of 

rebuilding  the  Lawrence  and  Andover  bridges     ...  77 


'86 


Index. 


Citj- of  Lowell,  part  of  town  of  Tewkslinry  annexed  to     . 

City  of  Lynn,  may  issue  bonds  beyond  the  debt  limit  for  purpose  of 

erecting  a  high  school  building 

City  of  Lynn  may  make  an  additional  water  loan 

City  of  Maiden,  additional  water  supply  for       .... 

City  of  Maiden,  may  be  divided  into  seven  wards ;  election  con 

firmed 

City  of  New  Bedford  and  town  of  Dartmouth,  boundary  line  es 

tablished 

City  of  New'  Bedford,  to  establish  a  sinking  fund  from  the  receipts 

from  water  rates 

Citj'  of  Newton,  may  make  an  additional  water  loan  . 

City  of  Northampton,  board  of  sewer  commissioners  established  for 

City  of  Quincy,  incorporated 

City  of  Salem,  may  accept  deed  of  Mary  A.  Bertram  and  others 

may  borrow  mone3%  etc.         ...... 

City  of  Spring-field,  water  commissioners  of,  relating  to    . 

City  of  Springfield,  allowance  to 

City  of  Taunton,  may  raise  money  for  celebration  of  two  hundred 

and  fiftieth  anniversary  of  settlement  .... 
City  of  Taunton,  may  increase  its  water  loan  .... 
City  of  Waitham,  may  issue  bonds  beyond  the  debt  limit  for  pro 

riding  surface  drainage 

City  of  Woburn,  incorporated 

City  of  Worcester,  may  borrow  money  for  purposes  of  public  parks 

police  force  of,  tenure  of  office 

may  lay  out  a  street  over  land  of  the  Commonwealth      .       4 
trustees  of  the  Home  for  Aged  Females  in,  name  changed 
City  Hospital,  Haverhill,  incorporated        ..... 
City  and  town  boundary  lines,  determination  of,  by  triangulation 
Civil  government,  lists  of  state,  district  and  county  oflicers 
Civil  service  law,  no  person  to  be  appointed,  etc.,  under,  if  convicted 

of  ofl'ence  against  laws  of  the  state        .... 
Civil  serAice  commissioners,  salary  of  the  secretary  . 
Civil  service  commissioners,  publication  and  notice  of  rules  estab 

lislied  by  ......... 

Claims  of  the  Commonwealth  against  the  United  States,  concerning, 
Claims  for  pensions,  etc.,  state  agent  to  be  appointed  to  prosecute, 
Clams  in  and  around  the  shores  of  town  of  Essex,  selectmen  ma}' 

grant  licenses  to  plant,  etc.    ....... 

Clams  in  and  around  the  shores  of  town  of  Winthrop,  selectmen 

may  grant  license  to  plant,  etc 

Clarke,  Kowse  E.,  allowance  to  widow  of 

(/lerks  of  the  courts,   salaries  established,  fees   to  be  paid  into 

treasury  

Clerks  of  cities  and  towns,  to  give  bonds  for  the  faithful  accounting 

for  moneys  received  for  dog  licenses 


89. 


Page 
311 

185 
125 
172 

418 

238 

76 

66 

313 

281 

36 
101 

538 

48 
92 

148 
332 
108 
322 
518 
84 
317 
589 
615 

270 

40 

205 
540 
403 

163 

167 
549 

207 

263 


Index.  787 

Page 
Clerks  of  courts,  to  receive  and  keep  dockets,  etc.,  of  trial  justices 

deposited  in  their  offices 176 

Clerks  of  the  senate  and  house  of  representatives,  may  employ  addi- 
tional clerical  assistance 3 

Clerks,  pro  tempore,  of  district  and  police  courts,  etc.,  compensa- 
tion established       .........      313 

Cleaveland,  Frank  E.,  allowance  to 538 

Club,  Charleraont  Rural,  incorporated 189 

Club,  JeftVies,  of  Boston,  name  cliansed  to  Jeffries  Yacht  Club         .         98 
Collateral  Loan  Company,  to  be  under  supervision  of  the  commis- 
sioners of  savings  banks 127 

Collection  of  taxes,  codification  of  statutes  relating  to      .         .        .       361 
College  funds,  Trustees  of  Armenia,  name  changed  to  the  Trustees 

of  Euphrates  College  funds 39 

College,  Massachusetts  agricultural,  additional  copies  of  report  to 

be  printed 534 

College,   Massachusetts   agricultural,  allowance  for  buildings,  re- 
pairs, etc.        ..........      551 

College,   Mount   Holyoke   Seminary  and.   The   Trustees   of,  name 

established 83 

College  of  Pharmacy,  Massachusetts,  charter  amended     ...        57 
College,  Williams,  trustees  of  the  Delta  Upsilon   Society   of,  in- 
corporated        38,  326 

Commercial  fertilizers,  sale  regulated 234: 

Commission  of  engineers,  to  be  appointed  relative  to  abolition  of 

grade  crossings 563 

Commissioner  on  i-ecords  of  parishes,  towns  and  counties,  allow- 
ance to 532,  556 

Commissioner,  insurance,  may  appoint  and  may  remove  a  deputy 
with  the  approval  and  consent  of  the  governor  and  coun- 
cil ;  clerical  assistance 66 

returns  of  statistics  of  fires  to  be  made  to        ...        .       164 

to  have  supervision  of  fraternal  beneficiary  organizations      .      480 
extra  clerical  assistance  for       .......       540 

Commissioner  of  new  bridge  between  Boston  and  Cambridge,  com- 
pensation of 242 

Commissioners,  armory,  to  be  appointed    ......       352 

Commissioners,  civil  service,  salary  of  secretary       ....        40 

Commissioners,  civil  service,  publication  and  notice  of  rules  estab- 
lished by 205 

Commissioners,  county,  may  control  travel  over  bridges  maintained, 

etc.,  in  whole  or  in  part  by  a  county 256 

Commissioners,  county,  of  Essex  county,  duties  of,  in  relation  to 

rebuilding  the  Lawrence  and  Andover  bridges      ...         77 
Essex  county,  may  borrow  money  for  enlarging  court  house 

at  Salem 274 

Franklin  county,  salaries  established 52 


788  Index. 

Page 
Commissioners,  county,  of  Hampden  and  Hampshire  counties,  to 
robuild  bridge  across  Connecticut  river  between  Hol}'oke 

and  South  Hadley 260 

Middlesex  county,  to  erect  an  addition  to  the  registry  of  deeds 

building  in  Cambridge .       181 

Middlesex  county,  to  cause  copies  of  certain  records  and  plans 
to  be  completed  in  registry  of  deeds  for  the  southern  dis- 
trict   14 

Worcester  county,  may  bori'ow  money  and  enlarge  jail,  etc., 

at  Fitchburg 107 

Commissioners,  gas,  additional  copies  of  report  of,  to  be  printed     .        92 
may  fix  price  of  gas  furnished  to  cities  and  towns  upon  appli- 
cation of  gas  company 310 

reports  to  be  made  to,  of  accidents  from  gas  or  electricity     .      310 
may  license  certain  gas  companies  to  make  and  sell  water  gas,      478 
Commissioners,  harbor  and  land,  to  have  supervision  of  erection  of 

structures  and  works  in  and  around  great  ponds  .         .       259 

Commissioners  of  prisons,  authority  of,  to  release  from  and  return 
to  county  prisons  prisoners  transferred  thereto  from  the 
reformatory  for  women  .......       154 

money  may  be  advanced  to,  for  aiding  discharged  prisonei's  .      264 

clerical  assistance  for 267 

may  expend  $3,000  in  aiding  discharged  female  prisoners       .       448 
may  contract  with  town  of  Concord  for  a  water  supply  for 

the  Massachusetts  reformatory     ......       565 

to  investigate  the  methods  of  inflicting  capital  punishment     .       563 
Commissioners,  railroad,  digest  of  decisions  may  be  published         .       543 
to  investigate  and  report  concerning  the  safety  of  employees,       562 
to  investigate  subject  of  heating  and  lighting  railroad  cars     .       565 
duties  of,  in  relation  to  grade  crossings  .....       191 

Commissioners  on  the  topographical  survey  and  map  of  the  state, 
may  propose  to  the  legislature  changes  in  boundary  lines 

of  towns 271 

Commissioners  of  savings  banks,  to  have  certain  supervision  of  the 

Collateral  Loan  Companj'       .......       127 

Commissioners'of  savings  banks,  additional  number  of  annual  re- 
ports of,  to  be  printed 154 

Commonwealth  Safe  Deposit  and  Trust  Company,  name  changed 

to  the  United  States  Safe  Deposit  and  Trust  Company  .  203 
Commonwealth's  flats  at  South  Boston,  concerning  ....  531 
Concord,  town  of,  may  supply  the  Massachusetts  reformatory  with 

water 565 

Congress,  list  of  members 637 

Connecticut  river,  bridge  across,  between  Holyoke  and  South  Had- 
ley, to  be  rebuilt  by  commissioners  of  Hampden  and  Hamp- 
shire counties  .........       260 

wing  dam  in,  at  South  Hadley,  height,  etc.,  to  be  determined 
by  harbor  and  land  commissioners 183 


Index. 


89 


Page 

561 

53 

566 
257 

475 
29 


Connecticut  river,  protection  of  town  of  Hadley  against  encroach- 
ments of ..........        . 

Connecticut  Kiver  Railroad,  may  unite  with  the  Ashuelot  Railroad 
of  New  Hampshire  ......... 

Constitution,  amendment  to,  proposed,  to  prohibit  the  manufacture 

and  sale  of  intoxicating  liquors  as  a  beverage 
Construction  of  certaiu  buildings,  regulated       ..... 

Construction   and   inspection  of   buildings  in  the  city  of  Boston, 

68,  258,  327, 

"  Contract  for  the  labor  of  prisoners,"  as  used  in  1887,  447 ;  detlned, 

Controller  of  accounts  of  county  officers,  etc.,  to  recommend   a 

simple  method  of  accounting  for  public  funds;  report  to 

be  a  public  document 224 

Convict  labor,  in  relation  to 410 

Convicts,  employment  of,  relating  to 152 

Corporations,  holding  property  for  benevolent,  charitable  or  scien- 
tific purposes,  returns  to  be  made  to  assessors  .  .  .  264 
formation  of,  for  erection  of  hotels,  public  halls,  etc.  .  .  86 
labor  or  trade  organizations  may  become  ....  99 
fraternal  beneficiary  organizations  may  become  .  .  .  478 
for  charitable,  educational,  etc.,  purposes,  may  increase  capi- 
tal stock  to  not  exceeding  $500,000 143 

voting  by  proxy  at  meetings  of 152 

foreign  manufacturing,  may  hold  real  estate  in  this  Common- 
wealth       263 

Costs  on  search  warrants  issued  under  the  liquor  laws,  concerning,      225 
County  commissioners  may  control  travel  over  bridges  maintained 

in  whole  or  in  part  by  a  county 256 

County  officers,  report  of  controller  of 224 

County  taxes,  granted  ..........       550 

County  treasurers,  to  furnish  dockets  and  blanks  for  use  of  district 

courts,  trial  justices,  etc.,  in  criminal  cases  .         .        .       228 

Court,  district,  of  Northern  Berkshire,  salary  of  clerk      ...        69 

Essex,  second,  established 154 

Western  Hampden,  salary  of  clerk 68 

Eastern  Middlesex,  second,  salary  of  clerk       ....       188 

Eastern   Middlesex,   fourth,   town   of  Wilmington  included 

within  judicial  district  of       .......         49 

Northern  Middlesex,  first,  salary  of  clerk        ....       177 

East  Norfolk,  salary  of  clerk 48 

Worcester,  central,  salary  of  justice 46 

Worcester,  central,  extra  clerical  assistance  for  clerk  of         .       148 
Northern  Worcester,  first,  to  be  held  at  Gardner  and  Athol  as 

public  convenience  may  require     .         .        .        .        •        .176 
Southern  Worcester,  second,  salary  of  justice  .         .         .       141 

Court,  municipal,  of  the  city  of  Boston,  additional  associate  justice 

to  be  appointed 468 


790 


Index. 


Page 
Court,  municipal,  of  the  city  of  Boston,  salaries  of  constables  in 

attendance  at  sessions  of,  for  criminal  business    .         .        .  157 

Court,  police,  of  Brookline,  office  of  clerk  established      ...  49 

Gloucester,  salaries  of  justice  and  clerk 188 

Gloucester,  town  of  Rockport  included  within  judicial  dis- 
trict of 200 

Haverhill,  salary  of  clerk 48 

Lawrence,  salary  of  justice 83 

Lowell,  extra  clerical  assistance  for 199 

Court,  superior,  salaries  of  justices 223 

number  of  associate  justices  increased 49 

justices  may  appoint  a  third  assistant  clerk  for  civil  business 

in  the  county  of  Suffolk 112 

fees  payable  to  clerk 208 

for  the  county  of  Bristol,  additional  terms  established  .         .  256 

for  the  county  of  Suffolk,  officers  in  attendance  upon      .         .  318 

Court,  supreme  judicial,  appeals  to,  from  probate  courts.        .        .  231 

salaries  of  justices 223 

if  appeal,   etc.,   is   not   entered   in,  judgment,  etc.,  may  be 

affirmed  on  motion  of  adverse  party 71 

fees  payable  to  clerk 208 

Court  officers  in  the  county  of  Suffolk,  relating  to  certain        .        .  331 
Courts,  clerks  of,  to  keep  dockets,  etc.,  of  trial  justices  deposited 

in  their  offices 176 

Courts,  clerks  of,  salaries  established,  fees  to  be  paid  into  treasury,  207 
Courts,  district  and  police,  to  be  fux-nished  with  dockets  and  blanks 

to  be  used  in  criminal  cases 228 

Courts,  district  and  police,  processes  issuing  from,  relating  to         .  446 
Courts,  district,  etc.,  payment  of  fees  of  witnesses  ....  145 
Courts,  municipal,  district  and  police,  clerks  pro  tempore  of,  com- 
pensation established 313 

Courts,  probate,  appeals  from 231 

Courts,  probate,  confirmation  of  defective  acts  or  proceedings  of, 

or  of  persons  acting  under  appointment  of  .         .         .         .  470 
Criminal  proceedings  in  district  courts,  etc.,  payment  of  witness 

fees 145 

Crossings,  railroad  grade,  to  promote  safety  at         ....  191 
Crossings,  railroad  grade,  abolition  of,  subject  to  be  investigated  and 

reported  upon 563 

Curtains,  fire-resisting,  to  be  placed  in  theatres         .         .         .170,  473 
Cushing,  Benjamin,  salary  for  remainder  of  the  year  may  be  paid  to 

his  widow  by  the  city  of  Boston 58 


Index. 


791 


D. 

Dakota  Mortgage  Loan  Corporation,  name  changed  to  Globe  Invest- 
ment Company,  and  granted  additional  powers    . 
Dartmouth,  town  of,  and  city  of  New  Bedford,  boundary  line  estab- 
lished        

Deaf-mutes  and  deaf  children,  free  instruction  provided  for     . 
Deaf-mutes,  New  England  Industrial  School  for,  allowance  to 
Death,  certificate  of,  to  be  furnished  forthwith  for  registration  by 

attending  physician  when  requested      ....  51, 

Death  penalty,  metiiods  of  inflicting,  to  be  investigated  . 
Debtors,  insolvent,  allowances  to  wife  and  children  of     . 
Debtors,  insolvent,  validity  of  mortgages  of  real  estate  against 
assignees  of    .........        . 

Debtors,  poor,  relating  to  procedure  in  matters  relating  to 
Delta  Upsilon    Society  of  Williams   College,   trustees   of,   incor- 
porated     38, 

Demasener,  Melanie,  eligible  to  receive  military  aid  .... 

Dentistr3^  registration  in,  board  of,  extra  copies  of  report  to  be 
printed    ......... 

Desecration  of  graves  by  removal  therefrom  of  flowers,  etc.,  pun 

ishment  for 

Destitute  Children,  Hunt  Asylum  for,  name  established   . 
Digest  of  the  decisions  of  the  railroad  commissioners  may  be  pub- 
lished        

Discharge  of  persons  appointed  under  the  civil  service  law 
District  attorney  for  the  middle  district  may  appoint  an  assistant 
district  attorney      ........ 

District  attorney  for  the  southeastern  district,  salary  established 
District  court  of  Northern  Berkshire,  salary  of  clerk 

Essex,  second,  established 

Western  Hampden,  salary  of  clerk   ..... 

Eastern  Middlesex,  second,  salary  of  clerk 

Eastern   Middlesex,   fourth,  town   of  Wilmington   included 

within  judicial  district  of 

Northern  Middlesex,  first,  salary  of  clerk 

East  Norfolk,  salary  of  clerk 

Northern  Worcester,  first,  to  be  held  at  Gardner  and  Athol  as 

public  convenience  may  require     ..... 
Worcester,  central,  salary  of  justice 
Worcester,  central,  extra  clerical  assistance  for  clerk    . 
Southern  Worcester,  second,  salary  of  justice 
District  police,  to  be  divided  into  two  departments  . 
authorized  to  enter  and  examine  pawn  shops    . 
additional  members  to  be  appointed 
duties  in  relation  to  employment  of  children    . 
District  and  police  courts,  processes  issuing  from,  relating  to 


Page 


422 


360, 


238 
190 

551: 

245 

563 

53 

402 
465 

326 
537 

536 

402 

178 

543 
270 

114 
217 

69 
154 

68 
188 

49 
177 

48 

176 
46 
148 
111 
84 
196 
477 
305 
446 


792  Index. 


Page 


District  and  police  courts  and  trial  justices,  to  be  furnished  by 
county  treasurers  with  dockets  and  blanks  to  be  used  in 

criminal  cases 228 

District,  municipal  and  police  courts,  clerks  pro  tempore  of,  com- 
pensation established 313 

Documents,  public,  printing  and  distribution  of        ...         .  207 
Dog  licenses,  bonds  to  be  given  by  city  and   town   clerks  for  the 

faithful  accounting  for  moneys  received  for  .         .         .  2G3 

Drunkenness,  punishment  of  female  persons  for  a  second  oflence  of,  345 

Duck,  for  preservation  of 232 

Duck,  black,  in  Plymouth  harbor,  etc.,  shooting  regulated        .         .  221 

Dwelling  houses,  liquor  licenses  not  to  be  granted  to  be  exercised  in,  106 

E. 

East  Middlesex  Street  Railway  Company,  may  locate  and  extend  its 

tracks  in  the  city  of  Chelsea  .         .         ...         .         .114,  422 

P^ast  Norfolk,  district  court  of,  salary  of  clerk 48 

East  Stoughton  Baptist   Church,  name  changed  to  Avon  Baptist 

Church 163 

Eastern  Middlesex,  second  district  court  of,  salary  of  clerk      .         .       188 

Eastern  Middlesex,  fourth  district  court  of,  town  of  Wilmington 

within  juri<!diction  of 49 

Eastern  Railroad,  may  be  purchased  by  the  Boston  and  Maine  Rail- 
road   201 

Eastern  Railroad  Company,  trustees  of  the,  given  additional  author- 
ity to  invest  the  sinking  fund 331 

Eastern  Railroad  in  New  Hampshire,  may  be  purchased  by  the  Bos- 
ton and  Maine  Railroad 201 

Education,  state  board  of,  to  report  upon  expediency'  of  fixing  ten- 
ure of  office  of  superintendents  of  schools     ....       538 

Education,  state  board  of,  to  prepare  a  plan  for  the  more  equitable 

distribution  of  the  school  fund       ......      563 

Egress  and  means  of  escape  from  Are  in  certain  buildings        .        .      473 

Election  of  presidential  electors,  return  of  votes,  etc.        .        .        .      348 

Election  days,  intoxicating  liquors  not  to  be  sold  on  .         .         .       214 

Elections,  laws  relating  to,  to  be  printed  and  distributed         •        .       536 

voting  precincts  at 109 

form  of  ballots  to  be  used  at     ......         .       493 

Elections  in  cities,  declaration  of  the  results  of,  and  the  issue  of 

certificates  to  persons  elected 123 

Elections  in  cities  for  municipal  officers  in  1888,  form  of  ballots  to 

be  used  at 488 

Elections  in  towns,  statements  relative  to  the  voting  at,  not  to  be 

made  prior  to  public  declaration    .        .        .        .        .        .168 

Elections  in  towns  and  cities  after  Nov.  1,  1889.  for  national,  state, 
district  and  county  officers,  and  for  municipal  officers  in 
cities,  relating  to 490 


Index. 


793 


Page 
Elections  for  members  of  school  committees,  ballots  cast  by  women 

in,  relating  to 313 

Electors  of  president  and  vice-president  of  the  United  States,  deter- 
mination of  contests  concerning  appointment  of;  return  of 

votes  for 348 

Electric  Company,  Gas  and,  Vineyard  Haven,  incorporated      .        .        86 
Elevated  Railway  Company,  Meigs,  relating  to  ....       347 

Employees,  railroad,  investigation  concerning  safety  of,  to  be  made 

by  the  commissioners      ........       562 

Employers,  liability  of,  to  make  compensation  for  injuries  suft'ered 

by  employees  in  their  service         .        .        .        .        .        .113 

Employment  of  children,  regulated 301 

Employment  of  convicts,  relating  to 152 

Engineers  to  be  appointed  for  gradual  abolition  of  grade  crossings 

on  railroads 5G3 

Engineers,  fire,  boards  of,  penalty  for  violating  regulations  estab- 
lished by 180 

Erection  and  construction  of  certain  buildings,  regulated         .        .       257 

Essex,  second  district  court  of,  established 154 

Essex  county,  judge  of  probate  and  insolvency  in,  salary  estab- 
lished        84 

county  commissioners,  duties  of,  in  relation  to  rebuilding  the 

Lawrence  and  Andover  bridges      ......         77 

county  commissioners  may  borrow  money  for  enlarging  court 

house  at  Salem 274 

Essex,  town  of,  Mill  river  in,  shad  fisheries  protected      ...        94 
Essex,  town  of,  licenses  may  be  granted  to  plant  and  dig  clams  in 

and  around  shores  of      .         .        .         .        .         .        .        .163 

Estabrook,  George  W., 'notary  public,  acts  confirmed        .        .        .       540 

Estates,  pei-sonal,  taxation  of,  relative  to 325 

Estates  tail,  construction  of  certain  words 223 

Euphrates  College  funds.  The  Trustees  of,  name  established    .         .         39 
Evidence  given  at  intjuests,  relating  to       .....         .       326 

Examinations  of  savings  banks  by  commissioners     ....         46 

Exceptions  allowed,  or  appeals  taken,  if  not  entered  in  supreme 
judicial  court,  juiigment,  etc.,  may  be  affirmed  by  court  in 
which  appeal,  etc.,  was  taken,  etc.,  upon  application  of 

adverse  party 71 

Exchange,  State  street,  incorporated  .......        65 

Executive  department 617 

Executors  and  administrators,  notice  of  appointment  and  sales  of 

real  estate  by 110 

Executors  and  administrators,  confirmation  of  defective  acts  of      .       470 
Experiment  station,  Massachusetts  agricultural,  number  of  members 

of  board  of,  to  be  increased 269 

Experiment  station,  Massachusetts  agricultural,  extra  copies  of  re- 
port to  be  printed 534 

Eye  and  Ear  Infirmary,  Massachusetts  Charitable,  allowance  to       .       535 


794 


Index. 


F. 

Page 

Factories  and  workshops,  egress  and  means  of  escape  from  fire  iu  .  473 

Factories  and  workshops,  sanitary  provisions  in        ...         .  244 

Fairhaven,  Naskatncket  Cemetery  Association  of,  incorporated        .  447 

Fairhaven  Water  Company,  incorporated   ......  1.57 

Fall  River,  city  of.  erection  of  court  house  in 516 

Family  hotels  in  Boston,  watchmen  in,  not  required  when  the  in- 
spector of  buildings  so  decides 68 

Farmers'  and  Mechanics'  Association,  Spencer,  incorpoi'ated   .        .  68 
Father  Mathew  Mutual  Benevolent  Total  Abstinence  Society,  The 

Very  Reverend,  charter  amended 402 

Feeble-Minded,   Massachusetts   School   for,  additional  number  of 

annual  reports  of  trustees  of,  to  be  printed  .        .         .        .149 

Feeble-Minded,  Massachusetts  School  for,  allowance  for  buildings,  556 
Fees,  received  by  city  officials,  cities  may  by  ordinance  prescribe 
that  they  be  paid  into  the  treasury,  and  that  compensation 

be  made  in  lieu  thereof        ...             ....  247 

received  by  clerks  of  courts  to  be  paid  into  county  treasury  .  208 

of  witnesses  in  inquests  and  criminal  proceedings,  payment  of,  145 
of  magistrates  and  officers  in  the  procedure  of  poor  debtor 

matters 409 

Female  Seminary,  Trustees  of  Mount  Holyoke,  name  changed  to 
The  Trustees  of  Mount  Holyoke  Seminary  and  College; 

may  confer  degrees,  diplomas,  etc 83 

Female  prisoners,  release  from  and  the  return  to  county  prisons  of, 

transferred  from  the  reformatory  prison  for  women     .         .  154 

Female  prisoners,  discharged,  aid  for 448 

Female  prisoners,  discharged,  salary  of  agent  for      ....  267 

Females,  punishment  of,  for  second  off"euce  of  drunkenness      .         .  345 

Fertilizers,  commercial,  sale  regulated 234 

Fire  district,  Middleborough,  may  make  an  additional  water  loan     .  57 

Stoughton,  powers  enlarged 217 

in  town  of  Stockbridge,  may  be  established     ....  134 
Fire  engineers,  boards  of,  penalty  for  violation  of  rules  or  regula- 
tions established  by 180 

Fire,  means  of  escape  from,  in  relation  to  .         .....  473 

Fire  escapes  in  Boston,  relating  to 257,  328,  473 

Fire  insurance  policies,  actions  upon,  relating  to       .        .         .        .112 

Fire-resisting  curtains  in  theatres,  provided  for         .         .         .        170,  474 
Fires,  investigation  as  to  cause  and   origin   of,  when  property  is 

destroyed  .         .         .         .         .         .         .         .         .         .164 

Fires,  saving  life  at,  fire  departments  to  be  equipped  with  apparatus 

for 251 

First  Baptist  Society  in  Chelsea,  may  sell  real  estate;  sales  hereto- 
fore made  confirmed 126 

First  Congregational  Society  of  Jamaica  Plain,  may  make  by-laws, 

etc 221 


Index.  795 

Page 

First  district  court  of  Nortlierii  Middlesex,  salary  of  clerk       .         .  177 
First  district  court  of  Northern  Worcester,  to  be  lield  at  Gardner 

and  Atliol  as  public  convenience  may  require        .         .         .  176 
First  Unitarian  Society  of  Kevere,  Tiie,  incorporated ;  title  to  real 

estate  confirmed      .         .         .         .         .         .         .         •         .153 

Fish,  public  weigliers  of,  to  be  appointed  in  cities  and  towns  where 

salt-water  fish  are  landed  from  ve-*sels  .        .        .        .122 

Fisheries,  clam,  in  town  of  Essex,  regulated 16:i 

Fisheries,  clam,  in  town  of  Winthrop,  regulated       ....  167 

Fisheries,  piclverel,  regulated 267 

Fisheries,  scallop,  in  head  waters  of  Buzzard's  bay,  regulated          .  182 

Fisheries,  shad,  in  Mill  river  in  the  town  of  Essex,  protected  .         .  9-t 
Fisheries,  trout,  landlocked  salmon   and   lake   trout   in  Berkshire 

county      ...........  224 

Fitchburg,  jail  and  house  of  correction  at,  may  be  enlarged     .         .  107 

Fitzgerald,  Annie,  allowance  to  .         .         .         .         .         .         .         .  532 

Fitzmaurice,  Thomas,  eligible  to  receive  military  aid         .         .         .  54-t 

Flats,  Commonwealth's,  at  South  Boston,  concerning       .         .         .  531 

Florida,  town  of,  allowance  to     .......        .  556 

Fogerty,  Charles  E.,  allowance  to      .                547 

Foreign   manufacturing  corporations  may  hold  I'eal  estate  in  this 

Commonwealth        .........  263 

Foreign  Missions,  American  Board  of  Commissioners  for,  may  hold 

annual  meetings  without  the  Commonwealth        .         .         .  278 
Forest  Hills  Cemetery,  trustees  of  the  proprietors  of,  election  of 

oflicers,  making  of  by-laws,  etc.     ......  19 

Forms  which  may  be  used  in  proceedings  for  collection  of  taxes     .  384 
Fourth  district  court  of  Eastern  Middlesex,  town  of  Wilmington 

included  within  judicial  district  of 49 

Foxborough  Cemetery  Association  may  hold  additional  land  for  a 

cemetery 147 

Framingham,  state  normal  school  at,  allowance  to    ....  530 
Framiugham,  state  normal    school  at,  allowance   for  new  school 

building,  etc.,  at      ........         .  504 

Framingham  and  Ashland,  towns  of,  Washakum  pond  in,  purity  of 

waters  to  be  preserved 330 

Franklin  county,  commissioners  of,  salaries  established  ...  52 

Fraternal  beneficiary  organizations,  relating  to 478 

Free  instruction  for  deaf-mutes  or  deaf  children         ....  190 

Fuel  Society,  Beverly,  incorporated 37 

Funds,  The  Trustees  of  the  Armenia  College,  name  changed  to  The 

Trustees  of  Euphrates  College  funds 39 


796  Index. 

G. 

Page 

Gaft'iiey,  Kosanua,  eligible  to  receive  state  aid 544 

Game  birds,  for  better  preservation  of 221,232 

Gas  furnished  to  cities  and  towns,  price  may  be  fixed  by  the  com- 
missioners upon  application  of  the  gas  company  .         .         .310 

Gas,  water,  for  illuminating  purposes,  concerning     ....  478 

Gas  or  electricity,  accidents  from,  to  be  reported  to  gas  commissioners,  310 
Gas  commissioners,  board  of,  additional  copies  of  their  annual  report 

to  be  printed 92 

may  fix  price  of  gas  furnished  to  towns,  etc.,  upon  application 

of  gas  company 310 

may  license  certain  gas  companies  to  make  and  sell  water  gas 

for  illuminating  purposes        .......  478 

reports  of  accidents  from  gas  or  electricity  to  be  made  to       .  310 

Gas  Company,  Bay  State,  may  increase  capital  stock          .        .        .  477 
Gas  and  Electric  Company,  Lynn,  may  be  formed  a  corporation  by 
consolidation  of  the  Lynn   Gas  Light   and   Lynn  Electric 

Lighting  Companies 203 

Gas  and  Electric  Company,  Vineyard  Haven,  incorporated        .        .  86 

General  Court,  list  of  members    ........  618 

Geueral  Statutes,  table  of  changes  in  .         .         .         .         .         .         .  G41 

Gettysburg,  battlefield  at,  allowance  for  the  ei'ection  of  flank  stones 

and  the  mounting  of  cannon  at       .....        .  548 

Gill,  town  of,  water  supply  for  village  of  Riverside  in       .        .        .  191 

Girls  and  women,  penalty  for  sending  to  houses  of  ill-fame       .        .  252 

Globe  Investment  Company,  name  established    .....  423 

Gloucester,  city  of,  may  issue  bonds,  etc.,  for  paying  and  refunding 

indebtedness 96 

Gloucester,  police  court  of,  salaries  of  justice  and  clerk    .        .        .  188 
Gloucester,  police  court  of,  town  of  Kockport  included  within  judi- 
cial district  of 200 

Governor,  address  to  the  legislature 573 

Governor,  messages  to  the  legislature 585 

Govei'nor  and  council,  may  take  land  in  vicinity  of  the  state  house, 

report  plans,  etc.,  for  providing  better  accommodations  for 

departments,  etc.,  of  the  state  government   .        .        .       306,560 

Governor  and  council,  may  employ  the  agent  to  prosecute  war  claims 

against  the  United  States,  to  prosecute  also  for  a  refund  of 

the  direct  tax,  etc 540 

Grade  crossings,  railroad,  to  promote  safety  at  .        .        .        .        .  191 

Grade  crossings,  railroad,  abolition  of,  concerning    ....  563 
Grafton  Centre  Railroad  Company,  name  changed  to  the  Grafton  and 

Upton  Railroad  Company 42 

Granite  Avenue  bridge,  draw  to  be  widened  by  city  of  Boston ;  two- 
thirds  of  expense  to  be  reimbursed  by  town  of  Milton .        .  226 
Graves,  desecration  of,  by  removal  of  flowers,  etc.,  punishment  for,  402 
Great  ponds,  for  protection  of 259 


Index.  797 

Page 

Greene  Foundation,  Trustees  of  the,  may  hold  additional  real  estate,  76 

Griffith,  William  H.,  allowance  to  widow  of 530 

Grouse,  for  preservation  of          ........  232 

Guardian,  confirmation  of  defective  acts  of 470 

Guardianship  of  persons  unborn  or  unascertained      ....  470 

Gwj'une  Temporary  Home  for  Children,  The,  name  established         .  88 

H. 

Hadley,  town  of,  protection  against  further  inroads  of  the  Connec- 
ticut river 561 

Hampden  and  Hampshire  counties,  commissioners  to  rebuild  bridge 
across     Connecticut    river   between    Holyoke    and    South 

Hadley 260 

Hanover,  town  of,  may  be  supplied  with  water  by  towns  of  Rock- 
land and  Abingtou 143 

Hai'bor  and  land  commissioners  to   have   supervision  of  erecting 

structures  in  and  around  great  ponds 259 

Harmony  Grove  Cemetery  of  Salem  may  hold  additional  real  estate.  111 
Harrell  Manufacturing  Company,  The,  name  changed  to  the  J  J. 

Warren  Company 30 

Haverhill  City  Hospital,  incorporated 317 

Haverhill,  police  court  of,  salary  of  clerk 48 

Hawes  Place  Congregational  Society,  deacons  may  be  elected  by  the 
society  ;  name  changed  to  Hawes  Unitarian  Congregational 

Church 75,  143 

Health,  state  board  of,  to  have  general  care  and  oversight  of  all 

inland  waters 343 

extra  copies  to  be  pi'inted  of  report  on  protection  of  purity  of 

inland  waters 535 

to  investigate  concerning  pollution  of  ponds  and  streams  from 

which  ice  is  cut  for  domestic  use 557 

to  designate  a  method  of  sewage  disposal  in  the  Mystic  and 

Charles  river  valleys 550 

Health,  board  of,  duties  of,  in  relation  to  the  burial  and  removal  of 

body  of  a  deceased  person 246 

Heating  Company,  Boston,  may  increase  capital  stock  .  .  .  216 
Highways,  railroads  crossing  at  grade,  concerning  .  .  .  191,563 
Highways,  notices  in,  and  jurisdiction  of  cases  of  injuries  received 

on,  relating  to 85 

Historic-Genealogical  Society,  New  England,  may  hold  additional 

real  and  personal  property 184 

Hitchcock  Free  High  School  in  Brimfleld,  relating  to         ...        34 
Holidays,  public,  intoxicating  liquors  not  to  be  sold  on      .         .         .       206 
Holyoke,  city  of,  members  of  police  force  of,  tenure  of  office   .        .       355 
Holyoke  and  South  Hadley,  bridge  between,  to  be  rebuilt  by  com- 
missioners of  Hampden  and  Hampshire  counties  .        .        .       2C0 


798  Index. 

Page 
Home  for  Aged  Females,  trustees  of,  in  the  citj^  of  Worcester,  name 

cliangetl   ...........  84; 

Home,  Children's  Infant  School  and,  name  changed  .         .         .         .178 

Home,  Soldiers',  in  Massachusetts,  allowance  to         ...         .  533 

Home  for  the  Destitute,  The  Temporary,  name  changed  to  The 

Gwj'nne  Temporary  Home  for  Children  ....  88 
Home  for  Friendless  Women  and  Children,  Springfield,  may  hold 

additional  real  and  personal  estate 08 

Home  Mission  Society,  Woman's  American  Baptist,  purposes  enlarged,  169 
Hopkinton  Railroad  Company,  deed  to  Milford  and  Woonsocket 

Railroad  Company  confirmed          .        .        .        .        .        .  242 

Horace  Mann  schoolhouse,  in  the  city  of  Boston,  time  extended  for 

building 210 

Horse    Railroad    Company,   Newburjport  and    Amesbury,   charter 

amended  ...........  97 

Hospital  Cottages  for  Children,  in  Baldwinsville,  allowance  to  .        .  560 

Hospital,  Boston  Lying-in,  may  hold  additional  estate        ...  56 

Hospital,  Haverhill  City,  incorporated 317 

Hospital,  insane,  Westborough,  allowance  for  improvements  at        .  548 

railroad  across  land  of        .         ,        .         .        .        .        ...  109 

allowance  for  current  expenses 541 

Hospital,  lunatic,  Taunton,  allowance  for  improvements  at  .  .  544 
Hospital,  lunatic,  Worcester,  street  across  land  of     .        .         .       489,  518 

Hospital,  Massachusetts  General,  allowance  to 581 

Hotels  and  public  buildings,  safety  appliances  in,  relating  to  .  .  68 
Hotels  and  public  buildings,  waj's  of  egress  and  means  of  escape 

from  fire  in .        257,  473 

Hotels,  public  halls  and  buildings  for  manufacturing,  etc.,  purposes, 

corporations  for  erecting,  etc 86 

House  of  representatives,  clerk  of,  may  employ  additional  clerical 

assistance 3 

Hudson,  town  of,  proceedings  at  town  meeting  confirmed         .        .  273 

Hunt  Asylum  for  Destitute  Children,  name  established      .        .        .  178 

Hyde  Park,  proceedings  at  town  meeting  confirmed   ....  216 

Hyde  Park  Water  Company,  provisions  afi'ecting        ....  431 

I. 

Ice  cut  for  domestic  use,  pollution  of,  investigation  to  be  made  by 

state  board  of  health 557 

Ill-fame,  houses  of,  penalty  for  sending  women  and  girls  to      .        .  252 
Improvement  Company,  Magnolia,  incorporated         .        .        .        .196 
Improvement  Company  of  Sandwich,  Town  Neck  Land  and,  incorpo- 
rated          27 

Incorporation  of  fraternal  beneficiary  organizations  ....  480 

Incorporation  of  labor  or  trade  organizations 99 

Index,  new,  to  the  Public  Statutes,  pi-inting  and  distribution  of        .  546 

Industrial  school  for  deaf-mutes,  New  England,  allowance  to   .        .  554 


IXDEX. 


'99 


Page 

538 


178 

113 

85 
343 

535 
145 

320 

54 

lO'J 
541 
548 

402 
53 

402 
244 
473 


Industrial  school  for  girls,  state,  allowance  for  repairs,  etc. 

Infant  School  and  Children's  Home,  name  changed  to  the  Hunt  Asy 
lum  for  Indigent  Cliildren 

Injuries,   personal,    suffered  by  employees,   liability  of    employers 
therefor  .......... 

Injuries  received  on  highways,  relating  to 

Inland  waters,  purity  of,  to  be  protected     ..... 

Inland  waters,  report  of  state  board  of  health  on  purity  of,  extra 
copies  to  be  printed 

Inquests  and  criminal  proceedings,  fees  of  witnesses  in 

Inquest,  when  death  occurs  upon  a  railroad  by  accident,  evidence 
talien  to  be  forwarded  to  the  railroad  commissioners    . 

Insane,  asj'lum  for,  at  Tewksbnry,  lunatic  paupers  maj^  be  transferred 
to,  by  the  board  of  lunacy  and  charity   .... 

Insane  hospital,  Westborough,  railroad  across  land  of 

allowance  for  current  expenses          ..... 
allowance  for  improvements  at 

Insolvency,  assignees  in,  validity  of  mortgages  of  real  estate  as 
against 

Insolvent  debtors,  allowances  to  wife  and  children  of 

Insolvent  debtors,  validity  of  mortgages  of  real  estate  of,  as  against 
assignees  of 

Inspection  of  buildings,  sanitary  provisions  and  ventilation       .       110, 
fire-resisting  curtains  .......        170, 

erection  and  construction  of      ...        .        257,  327,  408,  473 

alleged  to  be  unsafe  or  dangerous 408 

ways  of  egress  and  means  of  escape  from  fire  ....      473 

Inspection  and  construction  of  buildings  in  Boston, relating  to,  68,258,827,475 

Inspection  department  of  the  district  police,  duties  in  regard  to  build- 
ings alleged  to  be  unsafe 408 

Inspection  department  of  the  district  police,  additional  members  to 

be  appointed 477 

Inspectors   of  factories,  duties  in  relation  to  the  employment  of 
children   ........... 

Institute  of  Technology,  Massachusetts,  may  hold  additional  real  and 
personal  estate 

Institute  of  Technology,  Massachusetts,  allowance  to,  subject  to 
maintenance  of  scholarships 

Insurance  of  mechanics'  tools,  relating  to  . 

Insurance  policies,  fire,  actions  upon 

Insurance  commissioner  may  appoint  and  may  remove  a  deputy  com- 
missioner with  the  approval  and  consent  of  the  governor  and 

council ;  clerical  assistance 

extra  clerical  assistance  for 

to  furnish  blanlvs  upon  which  returns  are  to  be  made  of  statis- 
tics of  fires 164 

to  have  supervision  of  fraternal  beneficiary  organizations        .      480 

Insurance  companies,  returns  for  taxation  of 113 


301 


557 
106 
112 


66 
540 


800 


IXDEX. 


Insurance  companies,  mutual  life,  investments  bj'       . 
Insurance  Companjs  American  Landloixl's  Liability,  incorporated 

Mutual  Boiler,  of  Boston,  charter  amended 

New  England  Live  Stock,  incorporated     .... 

Interest  on  small  loans,  relating  to       .....         . 

Intoxicating  liquors,  licenses  for  sale  of,  minimum  fees  for 

manufacture  and  sale  of,  as  a  beverage,  amendment  to  con 
stitution  proposed,  prohibiting       .         .         .         •         . 

licenses  for  sale  of,  not  to  be  granted  to  be  exercised  in  dwell 
ing  houses       

licenses  for  sale  of,  conditions  upon  which  may  be  granted 

illegal  keeping  or  sale  of,  costs  on  search  warrants  . 

licenses  for  sale  of,  ballots  to  be  used  in  voting  on  question  of 
granting 

illegal  sale  of,  seizure,  etc. ,  of  implements  used 

licenses  for  sale  of,  numl)er  limited   ..... 

beers,  wines,  etc.,  containing  more  than  one  per  cent,  of  alco 
hoi,  shall  be  deemed  to  be 

not  to  be  sold  on  certain  holidays  and  election  days 
Investment  companies,  mortgage  loan  and,  relating  to 
Investments  by  mutual  life  insurance  companies,  concerning 
Investments  by  savings  banks,  relating  to   .         .         .    47,  69,  177,  202 
Iron  Hall,  Order  of  the,  certificate  of  incorporation  amended    . 


206, 


Page 
124 
169 
36 
178 
360 
275 

566 

106 
214 
225 

487 
237 
274 

180 
,  214 

356 

124 
,  241 

485 


J.  J   "Warren  Company,  name  established 30 

Jail  and  house  of  correction  at  Fitchburg  to  be  enlarged  .        .        .  107 
Jamaica   Plain,   First   Congregational    Societj'  of,   may  make  by- 
laws, etc. 221 

JeftVies  Club  of  Boston,  name  changed  to  Jeffries  Yacht  Club    .        .  98 

Johnson,  Ellen  C ,  allowance  to 555 

Jolnison,  William,  military  aid  for 534 

Judgment  and  execution  in  favor  of  adverse  claimants  in  trustee 

process 280 

Judgments,  special,  may  be  entered  in  certain  cases  where  bonds  are 

given  to  dissolve  attachments  or  to  prosecute  reviews          .  417 

Judicial  department 634 

Justice  of  the  peace,  Joseph  Bennett,  acts  confirmed         .        .        .  561 

James  B.  Carroll,  acts  confirmed       ......  533 

Henry  Walker,  acts  confirmed 543 

Francis  C.  Welch,  acts  confirmed 540 

Justices,  trial,  preservation  of  dockets,  records  and  other  oflicial 

papers  of 175 

Juvenile  offenders  and  neglected  children,  concerning         .        .        .  200 


Index.  801 

K. 

Page 

Kent,  Louis  A.,  eligible  to  receive  military  aid 541 

L. 

Labor,  bureau  of  statistics  of,  printing  and  distribution  of  annual 

reports  of 29 

salaries  of  first  and  second  clerks 85 

parts  of  annual  reports  to  be  reprinted 531 

"  Labor  of  prisoners,"  "  contract  for,"  words  as  used  in  1887,  447; 

defined 29 

Labor  of  prisoners,  in  relation  to 410 

Labor  or  trade  associations  may  be  incorporated         .        .        .        .  99 
Lamb,  Daniel,  remains  of  the  dead  to  be  taken  from  land  reserved 

by,  for  a  burial  ground,  and  to  be  re-interred  in  Chicopee    .  183 
L'Anioreux,  James  A.,  height  of  wing  dam  built  by,  on  Connecticut 

river,  to  be  determined  by  harbor  and  land  commissioners   .  183 
Land,  bonds  on  appeal  in  actions  for  summary  process  for  recov- 
ery of       265 

additional,  may  be  purchased  for  the  reformatory  prison  for 

women 222 

adjacent  to  the  state  house  may  be  taken  for  providhig  better 

accommodations  for  the  state  government     .         .         .       306,  SCO 

at  state  almshouse  at  Tewksbury,  trustees  may  sell          .        .  554 

of  the  Commonwealth  in  Westborough,  railroad  across  .        .  109 
of  the  Commonwealth  in  Worcester,  street  may  be  laid  oyt 

over,  by  the  city  of  Worcester 489,  518 

Landlocked  salmon,  trout,  etc.,  in  Berkshire  county  ....  224 

Landlord's  Liability  Insurance  Company,  American,  incorporated     .  169 

Land  Company,  Lowell,  incorporated 179 

Middlesex,  incorporated 268 

Nahant,  charter  extended 52 

Land  and  Improvement  Company,  Town  Neck,  of  Sandwich,  incor- 
porated      27 

Lands,  partition  of,  relating  to 281 

Lands  and  buildings,  liens  on,  notice,  etc.,  of  petitions  for  enforce- 
ment of   .         . 278 

Lawrence,  city  of,  maj-  be  reimbursed  for  a  portion  of  the  expense 

of  rebuilding  the  Lawrence  and  Andover  bridges          .        .  77 

charter  revised 505 

police  court  of,  salary  of  justice 83 

Laws,  relating  to  elections  to  be  printed  and  distributed    .        .        .  $36 

provincial,  publication  of 45 

special,  volume  to  be  published 536 

Legislative  department 618 

Legislatiu'e,  members  of,  to  be  furnished  with  copies  of  the  Massa- 
chusetts Red  Book 531 


802  Index. 

Page 

Leicester,  Centre  Village  of,  water  suppl}-  for 128 

Leighton,  Martin  H.,  allowance  to 538 

Liability  of  emploj-ers  for  injuries  suffered  by  employees    .        .        .113 

Liability  Insurance  Company,  American  Landlord's,  incorporated     .  169 

Library,  Gary,  incorporated 275 

Library,  city,  of  Lowell,  trustees  incorporated 186 

Library,  state,  five  thousand  dollars  to  be  annually  appropriated  for,  30 
Libraries,  free  public,  towns  appi-opriating  money  for,  to  elect  boards 

of  trustees 242 

Licenses,  dog,  bonds  to  be  given  by  city  and  town  clerks  for  the 

faithful  accounting  of  moneys  received  for  ....  263 
Liens  on  buildings  and  lands,  notice  and  service  of  notice  of  peti- 
tions for  enforcement  of 278 

Liens  upon  personal  property,  enforcement  of 42 

Life  insurance  companies,  mutual,  investments  of      ...        .  124 

Liquor  laws,  costs  on  search  warrants  issued  under    ....  225 

Liquor  licenses  not  to  be  granted  to  be  exercised  in  dwelling-houses,  106 

minimum  fees  for 275 

conditions  upon  which  they  may  be  granted      ....  214 

number  to  be  issued,  limited 274 

relating  to  bonds  for  . 227 

ballots  to  be  used  upon  question  of  granting    .        .        .        .487 

Liquors,  intoxicating,  what  shall  be  deemed  to  be      .        .        .        .  180 

not  to  be  sold  on  certain  holidays,  etc 206,  214 

seizure,  etc.,  of  implements  used  in  illegal  sale  of   .        .        .  237 
amendment  to  the  constitution  proposed,  prohibiting  the  man- 
ufacture and  sale  of,  as  a  bevei'age 566 

Literary  associations,  property  of  certain,  exempted  from  taxation,  114 
Little  pond  and  Wellington  l)rook  in  Belmont,  act  repealed  authoriz- 
ing the  city  of  Cambridge  to  take  waters  of          .        .        .115 

Live  Stock  Insurance  Company,  New  England,  incorporated     .        .  178 

Loan  Association,  "Workingmen's,  incorporated 81 

Loan  Company,  Collateral,  to  be  under  supervision  of  the  commis- 
sioners of  savings  banks 127 

Loan  and  investment  companies,  mortgage,  in  relation  to          .        .  356 

Loan  and  trust  companies,  safe  deposit  and,  in  relation  to         .        .  437 
Loan    and    Trust    Company,    Manufacturers',    of   Holyoke,    name 

changed  to  Manufacturers'  Trust  Company   ....  222 

Loan  and  Trust  Company,  Mercantile,  incorporated  ....  472 

Loan  and  Trust  Company,  Union,  incorporated 471 

Loans,  small,  discharge  of,  and  redemption  of  security  given    .        .  360 

Lowell,  city  of,  part  of  town  of  Tewksbury  annexed  to   .        .        .  311 

city  library  of,  trustees  of,  incorporated 186 

police  court  of,  exti'a  clerical  assistance  for     ....  199 
Second  Universalist  Society  in,  name  changed  to  The  Shattuck 

Street  Universalist  Society  in  Lowell 56 

Lowell  Land  Compan}^  incorporated 179 

Ludlow  savings  bank,  incorporated 47 


Index.  803 

Page 
Lunacy  and  charity,  state  board  of,  may  transfer  pauper  lunatics  to 

asylum  for  insane  at  Tewksbury 5i 

Lunacy  and  charity,  state  board  of,  certain  neglected  children,  etc., 

may  be  committed  to  custody  of 200 

Lunatic  hospital,  Taunton,  allowance  for  improvements  at  .  .  544 
Lunatic  hospital,  Worcester,  street  across  land  of  .  .  .  489,518 
Lying-iu  Hospital,  Boston,  may  hold  additional  estate  ...  56 
Lyman  school  for  boys  at  Westborough,  allowance  for  buildings,  etc. ,  553 
Lynn,  city  of,  may  make  an  additional  water  loan  ....  125 
Lynn,  city  of,  may  issue  bonds  beyond  the  debt  limit  for  erection  of 

a  high  school  building     .         .         .         .         .         .         .         .185 

Lynn  Gas  Ligiit  Company  and  the  Lynn  Electric  Lighting  Company 

maj'  form  one  corporation  under  the  name  of  the  Lynn  Gas 

and  Electric  Company 203 

M. 

Magnolia  Improvement  Company,  incorporated 196 

Maiden,  city  of,  additional  water  supply  for 172 

Maiden,  city  of,  may  be  divided  into  seven  wards ;  election  of  alder- 
men and  councilmen  confirmed ,418 

Manchester,  town  of,  selectmen  may  take  portion  of  burial  ground 

to  Aviden  a  street 146 

Mansfield,  village  of,  water  supply  for 96 

Manual  for  the  general  court,  printing  and  distribution  of  .  .  67 
Manufacturers'  Loan  and  Trust  Company  of  Holyoke,  name  changed 

to  Manufacturers'  Trust  Company;   may  increase   capital 

stock,  etc 222 

Manufacturing  Company,  The  Harrell,  name  changed  to  the  J.  J. 

Warren  Company 30 

Manufacturing  Company,  West  Amesbury,   name  changed  to  the 

Merrimac  Wheel  and  Gear  Company 70 

Manufacturing  corporations,  foreign,  may  hold  real  estate  in  this 

Commonwealth 263 

Map  of  the  state,  relating  to 539 

Marblehead,  town  of,  water  supply  for 188 

Marblehead,  town  of,  may  allow  discounts  for  voluntary  payments 

of  taxes 239 

Market  corporation,  Williams,  of  Boston,   may  improve  its   real 

estate  and  issue  additional  stock 88 

Marlborough,  Chestnut  Hill  Real  Estate  Association  of,  incorporated,  50 
Marlborough  Street  Railway  Company,  incorporated .  .  .  .  124 
Marlborough,  town  of,  may  maintain  a  system  of  sewerage,  etc.  .  252 
Massachusetts  agricultural  college,  trustees  of,  additional  copies  of 

report  to  be  printed 534 

allowance  for  buildings,  repairs,  etc.         .....      551 

Massachusetts  agricultural  experiment  station,  extra  copies  of  report 

to  be  printed 534 


804  Index. 

Page 
Massachusetts  agricultural  experiment  station,  members  of  board 

increased  in  number 269 

samples  of  commercial  fertilizers  to  be  deposited  with  director 

of 234 

Massachusetts  Charitable  Ej^e  and  Ear  Infirmary,  allowance  to .        .  535 

Massachusetts  College  of  Pharmacy,  charter  amended        ...  57 

Massachusetts  General  Hospital,  allowance  to 531 

Massachusetts  Institute  of  Technology,  allowance  to,  subject  to 

maintenance  of  scholarships 557 

Massachusetts  Institute  of  Technology,  may  hold  additional  real  and 

personal  estate 55 

Massachusetts  reformatory,  allowance  for  purchase  of  horses,  etc.   .  553 

sentences  of  imprisonment  in 46 

prisoners  discharged  or  removed  from,  aid  for         .        .        .  264 

release  of  prisoners  from 259 

salaries  of  officers,  etc 270 

water  supply  for 565 

Massachusetts  school  for  the  feeble-minded,  additional  number  of 

report  of  trustees  to  be  printed 149 

Massachusetts  school  for  the  feeble-minded,  allowance  for  buildings 

in  Waltham 556 

Massachusetts  volunteer  militia,  armories  to  be  provided  for    .        .  352 

Massachusetts  volunteer  militia,  a  naval  battalion  to  be  attached  to  .  326 
Masters  in  chancery,  auditors,  etc.,  to  file  final  report  within  ninety 

days  after  hearing  closed 227 

Matrons  in  reformatory  prison  for  women,  salaries  established         .  266 

Matrons,  police,  to  have  charge  of  women  received  at  police  stations,  146 
Maynard,  town  of,  may  supply  itself  with  water        .        .        .        .419 

McDonald,  Owen,  annuity  to 645 

Mechanic's  tools,  insurance  of     .        .        .        .        .        .        .        .  106 

Medford,  town  of,  may  establish  a  grade  of  not  less  than  thirteen 

feet  above  mean  low  water 73 

Meetings,  public,  of  qualified  voters  for  political  purposes         .        .  516 

Meigs  Elevated  Kailway  Company,  in  relation  to        ...        .  347 

Members  of  Congress 637 

Mercantile  Loan  and  Trust  Company,  incorporated    ....  472 

Merriraac,  town  of,  horse  railroad  tracks  in,  to  be  determined  by 

selectmen         ..........  97 

Merrimac  Wheel  and  Gear  Company,  name  established      ...  70 

Messenger  corps,  soldiers',  allowance  to 533 

Middle  district,  district  attorney  for,  may  appoint  an  assistant .        .  114 

Middleborough  fire  district  may  make  an  additional  water  loan .        .  57 
Middlesex  county,  plans  and  records  in  registry  of  deeds  for  the 

southern  district  of,  copying  to  l>e  completed        ...  14 

sherifl"  of,  salary  established       .         .         .         .         .         .         .  72 

an  addition  to  the  registry  of  deeds  building  in  Cambridge  to 

be  erected 181 

Middlesex  Land  Company,  incorporated 268 


.       362 

.       326 

94 

.       413 

424,  430 

.       424 

.       431 

may  hold 

.       278 
.       116 
.       541 
to,   con- 

41 
.  ■    545 


Index.  805 

Page 
Middlesex  Safe  Deposit  and  Trust  Company,  incorporated  .  .  471 
Milford  and  Woonsocket  Railroad  Company,  deed  of  Hopkinton 

Railroad  Company  to,  confirmed 242 

Militia,  volunteer,  armories  to  be  provided  for   . 
Militia,  volunteer,  a  naval  battalion  to  be  attached  to 
Mill  river  in  the  town  of  Essex,  shad  fisheries  protected 
Millbuiy,  town  of,  may  supply  itself  with  water 
Milton,  town  of,  water  supply  for        .... 
Milton  Water  Company,  incorporated .... 
Milton  Water  Company,  provisions  afiecting 
Missions,  Foreign,  American  Board  of  Commissioners  for 

annual  meetings  without  the  Commonwealth 
Monson  Water  Company,  incorporated 
Monument  Association,  Standish,  allowance  to  . 
Moors,   Arthur  W.,   sale  of   Nantasket   Beach   Railroad 

firmed 

Morris,  Monroe,  eligible  to  receive  military  aid  . 

Mortgage  of  real  estate,  validity  of,  as  against  assignee  in  insolvency,      402 

Mortgage  Loan  and  Investment  Companies,  in  relation  to  .        .      356 

Mortgaged  premises,  suits  for  redemption  of 487 

Mount  Holyoke  Female  Seminary,  Trustees  of,  name  changed  to  The 
Trustees  of  Mount  Holyoke  Seminary  and  College;   may 

confer  degrees,  diplomas,  etc 83 

Municipal  court  of  the  city  of  Boston,  additional  associate  justice  of,  468 
Municipal  court  in  the  city  of  Boston,  salaries  of  constables  in 

attendance  at  sessions  of,  for  criminal  business    .         .        .       157 
Municipal,  police  and  district  courts,  clerks  pro  tempore  of,  com- 
pensation established 313 

Murphy,  Timothy,  annuity  of  two  hundred  dollars  ....  535 
Mutual  Boiler  Insurance  Company  of  Boston,  charter  amended  .  36 
Mutual  life  insurance  companies,  investments  of  .  .  .  .124 
Mystic  and  Charles  river  valleys,  investigations,  etc  ,  concerning 

sewage  disposal  in 541,550 

Names  changed 007 

Nantucket,  town  of,  scallops  in  waters  adjacent  to,  taking  of  .        .  190 

Nahant  Land  Company,  charter  extended 52 

Nantasket  Beach  Railroad  may  lease  or  sell  its  franchise  and  prop- 
erty to  the  Old  Colony  Railroad  Company  .  .  .  .  41 
Naskatucket  Cemetery  Association  of  Fairliaven,  incorporated  .  447 
National  Prison  Association  may  occupy  hall  of  house  of  represent- 
ative's for  meeting ;  allowance  for  expenses  ....  552 
National  Woman  Sufl\-age  Association  of  Massachusetts,  incorporated,  1 84 
Naval  battalion  to  be  attached  to  the  volunteer  militia  .  .  .  326 
Needham,  town  of,  may  supply  itself  with  water  ....  78 
Needham,  town  of,  may  be  supplied  with  water  by  Wellesley    .        .  409 


806  Index. 

Page 

Neglected  children  and  juvenile  oifenders,  concerning        .        .        .  200 

Negotiability  of  certain  promissory  notes,  etc 2G7 

Neponset  avenue  bridge,  draw  to  be  widened  by  the  citj^  of  Boston  .  226 
New  Bedford,  city  of,  to  establish  a  sinking  fund  from  the  receipts 

from  water  rates 76 

New  Bedford,  Trinitarian  Church  in,  doings  confirmed;  maj'  hold 

additional  real  and  personal  estate 187 

New  Bedford  Board  of  Trade,  incoi"porated 321 

New  Bedford  and  Dartmouth,  boundary  line  between        .        .        .  238 
New  England  Historic-Genealogical  Society  may  hold  additional  real 

and  personal  property 184 

New  England  Industrial  School  for  Deaf-Mntes,  allowance  to  .        .  554 

New  England  Live  Stock  Insurance  Company,  incorporated      .        .  178 

New  Haven  and  Northampton  Railroad,  station  house  at  Whately     .  214 
New  York  and  New  England  Railroad  Company,  sale  of  Springfield 

and  New  London  Railroad  to,  confirmed        ....  64 
New  York  and  New  England  Railroad  Company,  may  mortgage  cer- 
tain terminal  lands,  etc. ,  in  Boston        240 

New  York,  New  Haven  and  Hartford  Railroad,  station  honse  at 

Whately 214 

Newburypoi-t  Society  for  the  Relief  of  Aged  Females  may  hold  addi- 
tional real  and  personal  estate 239 

Newburyport    and    Amesbury    Horse    Railroad    Company,   charter 

amended 97 

Newton,  city  of,  may  make  an  additional  water  loan  ....  66 

Nomination  of  candidates  for  public  office 490 

Normal  school,  state,  at  Bridgewater,  allowance  for  steam  boilers 

and  repairs  at 561 

Eramingham,  allowance  for  new  school  building,  etc.      .        .  564 
Framingham,    allowance    for  temporary  accommodation  of 

pupils,  etc 530 

Worcester,  allowance  for  improvements 555 

Northampton,  city  of,  board  of  sewer  commissioners  established  for,  313 
North  Attleborough,  town  of,  acceptance  of  act  incorporating,  con- 
firmed        73 

Northern  Berkshire,  district  court  of,  salary  of  clerk         ...  69 

Northern  Middlesex,  first  district  court  of,  salary  of  clerk         .        .  177 
Northern  Worcester,  first  district  court  of,  to  be  held  at  Gardner 

andAthol 170 

Norwell,  town  of,  name  of 'town  of  South  Scituate  changed  to         .  52 

Notary  public,  George  W.  Estabrook,  acts  confirmed         .        .        .  540 

Notary  public,  Shepard  Thayer,  acts  confirmed 552 

Notes,  promissory,  etc.,  negotiability,  etc.,  of,  relating  to          .        .  267 
Notice  of  appointment  and  sales  of  real  estate  by  executors  and 

administrators,  aftidavits  of,  to  be  admitted  aS  evidence       .  110 

Notices,  probate,  relative  to  proof  of 346 

Nye,  William  C,  eligible  to  receive  state  aid 559 


Index.  807 

O. 

Page 
Officers,  police,  may  be  iudemuifled  by  cities  for  injuries  received  or 

expenses  incurred   .........       346 

Officers  iu  attendance  upon  the  superior  court  for  the  county  of 

Sufl'olk,  number  established,  etc 318 

Ohabei  Shalom,  iu  Boston,  may  hold  additional  real  and  personal 

estate 126 

Ohio,  centennial  celebration  of  settlement  of,  Commonwealth  to  be 

represented      .........        558,  5G2 

Old  Colony  Railroad  Company  may  take  lease  of  road,  franchise, 

etc. ,  of  the  Boston  and  Providence  Railroad  Corporation     .        40 
Old  Colony  Railroad  Company  may  take  lease  of,  or  may  purchase 

property  and  franchise  of  the  Nantasket  Beach  Railroad      .        41 
Old  Colony  Steamboat  Company  may  increase  capital  stock 
Oleomargarine  and  butterine,  report  of  state  board  of  health  on 

additional  copies  to  be  printed 

Order  of  the  Ii'on  Hall,  certificate  of  incorporation  amended 
Organizations,  fraternal  beneficiary,  relating  to          ... 
Organizations,  labor  or  trade,  may  become  corporations    . 
Overseers  of  the  poor,  in  the  city  of  Boston,  may  hold  real  and  per- 
sonal estate  not  exceeding  $1,000,000    .... 
Oxford  Agricultural  Society,  incorporated 


20 
553 


478 
99 


264 
71 


P. 

Pardons  granted 585 

Parish  of  St.  Anne's  in  the  town  of  Chelmsford,  name  changed  to 

the  Parish  of  All  Saints 48 

Park,  marine,  city  of  Boston  may  refund  portion  of  money  paid  for 

betterments  for 345 

Parks,  public,  city  of  Boston  may  incur  indebtedness  beyond  the 

legal  limit  for  obtaining  land  for 401 

Partition  of  lands,  relating  to 281 

Partridge,  for  preservation  of 232 

Pawn  shops  may  be  entered  and  examined  by  the  district  police        .  196 

Peabody,  town  of,  may  increase  and  preserve  its  water  supply  .        .  89 

Peas  and  beans,  sale  regulated 446 

Pensions,  claims  for,  state  agent  to  be  appointed  for  prosecution  of,  403 

Personal  estates,  taxation  of,  relative  to 325 

Personal  property,  liens  upon,  enforcement  of 42 

Pharmacy,  Massachusetts  College  of,  charter  amended  ...  57 
Physician  to  furnish  forthwith,  when  requested,  certificate  of  death 

for  registration 51,245 

Pickerel  fishery  regulated 267 

Pilotage  of  vessels  in  and  out  of  Wood's  Holl  harbor,  fees  for .        .  230 

Plainville  Water  Company,  charter  revived 42;5 

Plank  Road  Company,  Salisbury  Beach,  charter  extended.        .        .  171 


808  Index. 

,  Page 

Plumbei's,  registration  and  licensing  of 77 

Plymouth,  town  of,  may  establish  a  system  of  sewerage    .        .        .  322 

Plymouth  harbor,  black  cluck  in,  shooting  regulated  ....  221 

Poisons,  sale  and  purchase  of,  regulated 171 

Police  court  of  Brookline,  office  of  clerk  established  ....  49 
Police  court  of  Gloucester,  salaries  of  justice  and  clerk    .        .        .  188 
Police  court  of  Gloucester,  town  of  Rockport  included  within  judi- 
cial district  of 200 

Police  court  of  Haverhill,  salary  of  clerk 48 

Police  court  of  Lawrence,  salary  of  justice 83 

Police  court  of  Lowell,  extra  clerical  assistance  for  ....  199 

Police  and  district  courts,  processes  issuing  from,  relating  to  .        .  446 
Police  and  district  courts  and  trial  justices  to  be  furnished  by  county 
treasurers  with  dockets  and  blanks  to  be  used  in  criminal 

cases 228 

Police,  district  and  municipal  courts,  clerks  pro  tempore  of,  com- 
pensation of 313 

Police,  district,  force  to  be  divided  into  two  departments  ...  84 

authorized  to  enter  and  examine  pawn  shops    .        .        .        .  19fi 

duties  in  regard  to  the  employment  of  children         .        .        .  805 

additional  members  to  be  appointed 360,  477 

Police  force  of  the  city  of  Holyoke,  tenure  of  office  of  members  of  .  355 

Police  force  of  the  cit}'  of  Worcester,  tenure  of  office  of  members  of,  322 
Police  officers  may  be  idemnified  by  cities  for  expenses  incurred,  or 

injuries  received 346 

Police  signal  systems,  penalty  for  interfering  with    ....  232 

Police  stations,  women  received  at,  to  be  in  charge  of  police  matrons,  146 

Policies  of  insurance,  fire,  actions  upon 112 

Poll  taxes,  time  extended  for  application  for  assessment  of       .        .  165 

Poll  taxes,  lists  of  persons  assessed  for,  to  be  posted  in  towns         .  170 
Pond,  Washakum,  in  Framingham  and  Ashland,  purity  of  waters  to 

be  preserved 330 

Ponds,  great,  for  protection  of 259 

Poor  debtor  matters,  procedure  in,  relating  to 465 

Portsmouth,  Great  Falls  and  Conway  Railroad  may  be  purchased  by 

the  Boston  and  Maine  Railroad 201 

Powow  Hill  Water  Company,  charter  amended 108 

Pratt,  Orestes  M. ,  allowance  to 538 

Precincts,  voting,  may  be  discontinued  by  towns        ....  109 

Precincts,  voting,  in  cities,  relating  to 502 

Presbytery  of  Boston,  trustees  of  the,  incorporated ....  329 

Presidential  electors,  determination  of  contests  concerning  the  ap- 
pointment of  .........        .  348 

Prison  Association,  National,  may  use  hall  of  house  of  representa- 
tives for  meeting ;  allowance  for  expenses    ....  552 

Prison,  state,  at  Boston,  allowance  for  printing  materials.        .        .  552 

houses  for  officers  at,  allowance  for 539 

salaries  of  officers,  etc 215 


Index.  809 

Page 

Prisou  for  women,  reformatory,  additional  land  may  be  purchased  for,  222 

salary  of  matrons,  etc 266 

purity  of  water  supply  at 330 

electric  ligliting,  etc. ,  at .         .  549 

protection  against  fire  at    .......         .  560 

Prisoners,  contract  for  the  labor  of,  Avords  as  used  in  1887,  447; 

defined 29 

employment  of 152 

discharged  or  removed  from  the  Massachusetts  reformatory, 

aid  for 264 

labor  of,  in  relation  to 410 

release  of,  from  the  Massachusetts  reformatory       .        .        .  259 

Prisoners,  female,  discharged,  agent  for,  salary  established       .        .  267 

discharged,  aid  for 448 

release  from  and  the  return  to  county  prisons  of  prisoners 

transferred  thereto  from  the  reformatory  for  women   .         .  154 
Pi'isons,  commissioners  of,  money  may  be  advanced  to,  for  aiding 

discharged  prisoners 264 

authority  to  release  from  and  return  to  county  prisons  pris- 
oners transferred  thei'eto  from  the  reformatory  pi-ison  for 

women 154 

clerical  assistance  for 267 

may  expend  $3,000  in  aiding  discharged  female  prisoners         .  448 
may  contract  with  town  of  Concord  for  water  supply  for  the 

Massachusetts  reformatory 565 

to  investigate  the  methods  of  inflicting  the  death-penalty        .  563 
Prisons,  general  superintendent  of,  to  approve  pay-rolls,  etc.,  of 

state  prison,  the  reformatories,  before  payment,  etc.    .         .  273 
Prisons,  general  superintendent  of,  additional  cppies  of  I'eport  to 

be  printed 534 

Probate  courts,  appeals  from        .         . 231 

Probate  courts,  confirmation  of  defective  acts  or  proceedings  of,  or 

of  persons  acting  under  appointment  of        ...        .  470 

Probate  notices,  relative  to  proof  of 346 

Probate  and  insolvency  for  the  county  of  Essex,  salary  of  judge     .  84 
Probate  and  insolvency  for  the  county  of  Suffolk,  clerical  assistance 

for  register  of 226 

Probate  and  insolvency  for  the  county  of  Worcester,  salary  of  assist- 
ant register  of 112 

Process,  summary,  for  recovery  of  land,  bonds  on  appeal  in  actions  for,  265 

Processes  issuing  from  police  and  district  courts,  relating  to     .        .  446 

Promissory  notes,  relating  to  negotiability  of 207 

Proprietors  of  Forest  Hills  Cemetery,  charter  amended     ...  19 
Providence  and  Worcester  Railroad  Company  may  increase  its  cap- 
ital stock          , 200 

Provincial  laws,  publication  of 45 

Proxy,  voting  by,  at  meetings  of  corporations 162 

Public  buildings,  egress  and  means  of  escape  from,  in  case  of  fire    .  473 


810  Index. 

Page 

Public  buildings,  safety  appliances  iu 68 

Public  buildings  and  schoolhouses,  sanitary  provisions  and  ventila- 
tion iu,  relating  to 1 10 

Public  documents,  printing  and  distribution  of  .  .  .  .  207,  224 
Public  holidays,  certain,  intoxicating  liquors  not  to  be  sold  on  .  .  206 
Public  libraries,  free,  towns  appropriating  money  for,  to  elect  boards 

of  trustees 242 

Public  meetings  of  the  qualifled  voters  of  cities  and  towns  for  polit- 
ical purposes,  etc.,  holding  regulated 516 

Public  records  of  parishes,  towns  and  counties,  allowance  to  com- 
missioner on,  etc.    ........       532,  556 

Public  schools,  laws  relating  to,  new  edition  to  be  published  .  .  552 
Public  statutes,  new  index  to,  printing  and  distribution  of  .  .  546 
Public  statutes,  supplements  to,  to  be  prepared  and  published  .        .       351 

Purchase  and  sale  of  poisons  regulated 171 

Purity  of  inland  waters  to  be  protected 343 

Purity  of  inland  waters,  extra  copies  of  report  on,  to  be  printed      .      535 


Q. 


Quail,  for  preservation  of 232 

Quincy,  city  of,  incorporated 281 

Quincy,  town  of,  powers  given  to,  in  relation  to  brooks  and  streams 

therein 107 

Quincy  Water  Company,  provisions  aflfecting 424 

R. 

Eailroad,  when  death  by  accident  occurs  upon,  a  copy  of  evidence 
taken  at  inquest  to  be  immediately  fowarded  to  railroad  com- 
missioners         326 

Kailroad  across  land  of  the  Westborough  insane  hospital,  may  be 

permitted  to  be  constructed 109 

Eailroad  cars,  subject  of  heating  and  lighting  to  be  investigated  by 

the  railroad  commissioners     .......      565 

Eailroad  emploj^ees,  investigation  concerning  safety  of,  to  be  made 

by  the  commissioners 562 

Eailroad  grade  crossings,  to  promote  safety  at  .        .        .        .        .       191 

Eailroad  grade  crossings,  engineers  to  investigate  and  report  upon  .      563 

Eailroad  commissioners,  digest  of  decisions  may  be  published  .  .  543 
to  investigate  concerning  safety  of  railroad  employees  .  .  562 
to  investigate  subject  of  lighting  and  heating  railroad  cars  .  565 
duties  of,  in  relation  to  grade  crossings 191 

Eailroad  corporations  not  to  compel  women  or  children  to  ride  in 

smoking  cars 142 

E.ULROAD   COKPORATIONS  : 

Ashuelot,  in  New  Hampshire,  Connecticut  Eiver  Eailroad  may 
consolidate  with 53 


Index.  811 


Railroad  Corporations  —  Concluded. 

Boston  and  Albanjs  to  widen  draw  in  bridge  over  Cliarles  river,       185 
Boston  and  Lowell,  savings  banks  may  invest  in  the  bonds 

and  notes  of 47 

Boston  and  Maine,  maj^  purchase  the  franchises  and  property  of 

the  Eastern  Railroad,  and  the  Eastern  Railroad  in  New  Hamp- 
shire, and  the  Portsmouth,  Great  Falls  and  Conway  Railroad,      201 
Boston  and  Providence,  may  lease  its  franchise  and  property 

to  the  Old  Colony 40 

Boston,  Winthrop  and  Shore  Railroad  Company,  may  relocate 

portions  of  its  railroad  in  town  of  Winthrop         .        .        .       209 
Connecticut  River,  may  unite  with  the  Ashuelot  Railroad  of 

New  Hampshire 53 

Eastern,  franchise  and  property  of,  may  be  purchased  by  the 

Boston  and  Maine 201 

Eastern,  trustees  of  the,  given  additional  authority  to  invest 

sinking  fund 331 

Eastern,  in  New  Hampshire,  may  be  purchased  by  the  Boston 

and  Maine 201 

Grafton  Centre,  name  changed 42 

Grafton  and  Upton,  name  established 42 

Hopkinton,  deed  of,  to  the  Milford  and  Woonsocket,  confirmed,       242 
Nantasket  Beach,  lease  or  sale  of  franchise  and  property  to 

the  Old  Colony 41 

New  Haven  and  Northampton,  station  house  at  Whately         .      214 
New  York  and  New  England,  may  mortgage  certain  terminal 

lands  in  Boston ;  savings  banks  may  invest  in  bonds  of        .       240 
New  York  and  New  England,  sale  of   Springfield  and  New 

London  to,  confirmed 64 

New  York,  New  Haven  and  Hartford,  station  house  at  Whately,      214 
Old  Colony,  may  take  lease  of  property  and  franchise  of  the 

Boston  and  Providence 40 

Old  Colony,  may  take  lease  or  may  purchase  the  franchise  and 
.  property  of  the  Nantasket  Beach  Railroad  Company     .        .        41 
Portsmouth,  Great  Falls  and  Conway,  may  be  purchased  by 

the  Boston  and  Maine 201 

Providence  and  Worcester,  may  increase  its  capital  stock        .      200 
Revere  Beach  and  Lynn,  may  increase  terminal  facilities  in 

Boston 233 

Springfield  and  New  London,   sale  to   New  York  and  New 

England,  confirmed 64 

Railroad,  horse,  Newburyport  and  Amesbury,  charter  amended         .        97 
Railway  Company,  East  Middlesex  Street,  may  locale  and  extend  its 

tracks  in  the  city  of  Chelsea 114,  422 

Railway  Company,  Marlborough  Street,  incorporated         .        .        .       124 

Railway  Company,  Meigs  Elevated,  relating  to 347 

Railway,  street,  cars  not  to  be  run  over  tracks  of  another  company, 

Mithout  approval  of  commissioners        .....       225 


812  Index. 

Page 

Randolph,  town  of,  maj'  make  an  additional  water  loan     .        .        .  105 

Rape,  punishment  for  crime  of 401 

Real  estate,  sale  of,  by  administrators,  etc.,  relating  to      .        .        .  110 
Real  estate,  validity  of  mortgages  of  as  against  assignees  in  insol- 
vency         402 

Real  Estate  Association  of  Boston,  incorporated        ....  93 

Real  Estate  Association,  Chestnut  Hill,  of  Marlborough,  incorporated,  50 

Reardon,  "William  and  Mary,  eligible  to  receive  military  aid       .        .  543 
Records  of  parishes,  towns  and  counties,  allowance  to  commissioner 

on,  etc 532,  556 

Recount  of  ballots,  concerning 123 

Redemption  of  security  given  for  small  loans 360 

Redemption  of  mortgaged  premises,  suits  for 487 

Reformatory,  Massachusetts,  aid  for  prisoners  discliarged  or  removed 

from 264 

salaries  of  officers,  etc 270 

sentences  of  impi'isonment  in 46 

release  of  prisoners  from   ........  259 

allowance  for  purchase  of  horses,  cows,  etc 553 

water  supply  for 565 

Reformatory  prison  for  women,  additional  land  may  be  purchased  for,  222 

purity  of  w  ater  supply  to  be  preserved 330 

salaries  of  matrons,  etc 266 

allowance  for  electric  lighting,  etc.,  at 549 

protection  against  fire  at 560 

Register  of  probate  and  insolvency  for  the  county  of  Sufiblk,  clerical 

assistance  for 226 

Registration  of  deaths,  duties  of  attending  physician         .         .         51,  245 

Registration  in  dentistry,  board  of,  extra  copies  of  report  to  be  printed,  536 
Registry  of  deeds  for  the  southern  district  of  Middlesex  county, 
certain  plans  and  records  in,  copying  to  be  completed  under 

direction  of  the  county  commissioners 14 

Release  of  prisoners  from  the  Massachusetts  reformatory         .         .  259 
Relief  for  persons  who  served  in  the  army  or  navy  during  tiie  rebel- 
lion, and  for  their  dependent  families    .        .        .         .        .  504 
Religious  societies,  incorporated,  may  make  by-laws  (see  Societies),  266 
Resolution,  concei'ning  an  international  court  of  arbitration      .        .  568 
relating  to  freight-car  couplers  and  to  freiglit-train  brakes    .  568 
requesting  the  state  board  of  health  to  make  an  investigation 

concerning  the  sale  and  use  of  opium 509 

relative  to  the  immigration  and  importation  into  the  United 
States  of  convicts,  lunatics,  idiots  and  other  persons  liable 

to  become  a  public  charge 569 

Return  of  votes  for  election  of  presidential  electors  ....  348 
Returns  of  property  held  for  benevolent,  charitable  or  scientific  pur- 
poses          264 

Returns  for  taxation  of  insurance  companies,  relative  to   .        .        .  113 


Index. 


813 


Page 
Revere  Beach  and  Ljam  Railroad  may  increase  its  terminal  facilities 

in  Boston 233 

Revere,  The  First  Unitarian  Society  in,  incorporated;  title  to  real 

estate  confirmed 153 

Revere,  town  of,  proceedings  at  annual  meeting  of,  confirmed  .  .  178 
Reviews,  where  bonds  are  given  to  prosecute,  special  judgments 

may  be  entered  in  certain  cases 417 

Richardson,  Charles  H.,  allowance  to 638 

Riverside  Water  Company,  incorporated 191 

Rock  Hill  Cemetery  in  Foxborough  may  be  enlarged  .  .  .  .147 
Rockland  and  Abington,  towns  of,  may  supply  town  of  Hanover 

with  water 143 

Rockport,  town  of,  included  within  the  judicial  district  of  the  police 

court  of  Gloucester 200 

Royal  Arcanum,  Supreme  Council  of,  may  hold  its  annual  meeting  in 

the  District  of  Columbia  or  Dominion  of  Canada .        .        .  17 

Ross,  Fanny,  annuity  to 537 

Rural  Club,  Charlemont,  incorpoi'ated 189 

s. 


Safe  Deposit,  Loan  and  Trust  Companies,  in  relation  to    , 
Safe  Deposit  and  Trust  Company,  Chelsea,  incorporated 

Commonwealth^  name  changed  to  the  United  States  Safe  De 
posit  and  Trust  Company       .... 

Middlesex,  incorporated     ...... 

Safety  appliances  in  hotels  and  public  buildings,  I'elating  to 
Sailors  and  soldiers  who  served  in  the  navy  or  army  dui'ing  the  re 
bellion,  relief  for,  in  cases  of  necessity  .... 

Saint  Anne's,  Parish  of,  in  the  town  of  Chelmsford,  name  changed 
to  the  Parish  of  All  Saints      .... 

Saint  Mark's  School,  trustees  of,  may  hold  additional  real  and  per 

sonal  estate 

Salauies  : 

clerks  of  the  coui'ts  and  the  pajnnent  of  fees  in  the  supreme 

judicial  and  superior  courts 

first  and  second  clerks  of  the  bureau  of  statistics,  etc. 

clerk  of  the  board  of  arbitration  and  conciliation 

clei"k*of  the  district  court  of  Northern  Berkshire 

clerk  of  the  district  court  of  Western  Hampden 

clerk  of  the  second  district  court  of  Eastern  Middlesex 

clerk  of  the  district  court  of  East  Norfolk 

clerk  of  the  first  district  court  of  Northern  Middlesex 

clerk  of  the  police  court  of  Gloucester 

clerk  of  the  police  court  of  Haverhill 

constables  of  the  municipal  court  for  criminal  business 

city  of  Boston 

county  commissioners  of  Franklin  county 


in  the 


437 
472 

203 
471 

68 

504 

48 


207 
85 

213 
G9 
68 

188 
48 

177 

188 
48 

157 


814 


Index. 


Salaries  —  Concluded. 

district  attorney  for  the  southeastern  district  . 

assistant  district  attorney  for  the  eastern  district     . 

justices  of  the  supreme  judicial  and  superior  courts 

judge  of  probate  and  insolvency  for  Essex  county    . 

justice  of  the  police  court  of  Gloucester  .... 

justice  of  the  police  court  of  Lawrence     .... 

justice  of  the  second  district  court  of  Southern  Worcester 

justice  of  the  central  district  court  of  Worcester 

matrons,  etc. ,  in  the  reformatory  prison  for  women 

officers  at  state  prison        .... 

officers  of  the  Massachusetts  reformatory 

agent  for  discharged  female  prisoners 

assistant  register  of  probate  and  insolvency  for  the  county  of 

Worcester 

secretary  of  the  civil  service  commission  . 
secretary  of  the  Commonwealth 
sherift'  of  the  county  of  Middlesex     . 
sheriff"  of  the  county  of  Suffolk  . 
sheriff  of  the  county  of  Worcester     . 
Sale  of  cider  apples,  beans  and  peas    . 
Sale  of  real  estate  by  administrators,  etc.,  relating  to 
Sale  of  commercial  fertilizers,  regulated     . 
Sale,  illegal,  of  intoxicating  liquors,  seizure,  etc., 

used  in 

Sale  of  intoxicating  liquors,  by  licensed  victuallers, 
days,  etc.,  prohibited      .... 
number  of  places  licensed  for,  limited,     . 
manufacture  and,  as  a  beverage,  amendment 

tion  proposed  prohibiting 
minimum  fees  for  licenses  for  . 
licenses  for,  not  to  be  granted  to  be  exercised  in  dwelling- 
houses      

conditions  upon  which  licenses  for,  may  be  granted 
ballots  to  be  used  in  voting  upon  question  of  granting  licenses 
for  ............ 

Sale  and  purchase  of  poisons,  regulated 

Salem,  city  of,  may  accept  deed  of  Mary  A.  Bertram  and  others  for 

a  public  library ;  may  boiTow  money,  etc 

county  commissioners  may  borrow  money  to  enlarge  court 

house  in 

Harmony  Grove  Cemetery  of,  may  hold  additional  real  estate, 
Seamen's  Widow  and  Orphan  Association  of,  may  hold  addi- 
tional real  and  personal  property 

Salisbury  Beach  Plank  Road  Company,  charter  amended  . 
Salmon,  landlocked,  time  limited  for  taking,  in  Berkshire  county 
Salt-water  fish,  public  weighers  of,  to  be  appointed  in  cities  and 
towns  where  such  fish  are  landed  from  vessels 


of  implements 


on  certain  holi- 

206, 

to  the  constitu- 


Page 

217 
230 
223 

84 
188 

83 
141 

46 
266 
215 
270 
267 

112 
40 
355 
72 
185 
196 
446 
110 
234 

237 

214 
274 

566 
275 

106 
214 

487 
171 

36 

274 
111 

42 

171 
224 

122 


Index.  815 

Page 
Sandwich,  Town  Neck  Land  and  Improvement  Company  of,  incor- 
porated     27 

Sanitary  provisions  in  factories  and  workshops          ....  244 
Sanitary  provisions  and  ventilation  in  public  buildings  and  school- 
houses,  relating  to 110 

Saving  of  life  at  fires,  fire  departments  to  be  equipped  with  apparatus 

for 251 

Savings  Bank,  Ludlow,  incorporated 47 

Security,  in  the  town  of  West  Boylston,  incorporated     .        .  75 

Whitman,  incorporated 39 

Savings  banks,  division  of  net  profits  of,  relating  to          .         .         .  316 

members  of  the  corporation  of,  relating  to       ....  89 

annual  examinations  of 46 

investments  by,  relating  to         ....    47,69,177,202,241 
commissioners  of,  to  have  certain  supervision  of  the  Collat- 
eral Loan  Company 127 

commissioners  of,  additional  number  of  annual  reports  to  be 

printed 154 

to  call  in  books  of  deposit  at  stated  intervals  for  verification  .  40 

meetings  of  boards  of  trustees  regulated          ....  72 

annual  reports  of  treasurer 94 

Scallops  in  the  bead  waters  of  Buzzard's  bay,  taking  regulated          .  182 
Scallops  in  waters  adjacent  to  town  of  Nantucket,  relative  to  taking,  190 
School,  Hitchcock  Free  High,  in  Brimfield,  in  relation  to  .         .         .  84 
School,  St.  Mark's,  trustees  of,  may  hold  additional  real  and  per- 
sonal estate 55 

School  for  the  feeble-minded,  Massachusetts,  additional  number  of 

the  annual  reports  of ,  to  be  printed 140 

School  for  the  feeble-minded,  Massachusetts,  allowance  for  buildhigs,  556 

School,  state  industrial,  allowance  for  repairs,  etc 588 

School,  state  normal,  at  Bridgewater,  allowance  for   steam  boil- 
ers, etc 561 

Framingham,    allowance   for    temporary  accommodation    of 

pupils,  etc 530 

Framingham,  allowance  for  new  school  building,  etc.      .        .  564 

Worcester,  allowance  for  improvements 555 

School  for  boys,   Lyman,  at  Westborough,   allowance  for  build- 
ings, etc. 553 

School  for  deaf-mutes.  New  England  Industrial,  allowance  to   .        .  554 
School    committees,    elections    for    members    of,   ballots    cast    by 

women,  etc 313,  494 

School  fund,  plan  for  more  equitable  distribution  of,  to  be  prepared 

by  the  board  of  education 563 

Schoolhouses  and  public  buildings,  sanitary  provisions  and  ventila- 
tion in,  relating  to 79,  244 

Schools,  public,  laws  relating  to,  new  edition  to  be  published    .        .  552 

superintendents  of,  to  aid  small  towns  to  provide    .        .        .  486 


816  Index. 

Page 
Schools,  public,  superintendents  of,  board  of  education  to  report 

upon  expediency  of  fixing  tenure  of  office  of        .        •        .  538 

Seals,  bount}-  for  the  destruction  of 229 

Seamen's  Widow  and  Orphan  Association  of  Salem  may  hold  addi- 
tional real  and  personal  property 42 

Seai'ch  warrants  issued  under  the  liquor  laws,  costs  on      .         .         .  225 

Second  district  court  of  Essex,  established 154 

Second  district  court  of  Eastern  Middlesex,  salary  of  clerk      .        .  188 

Second  Universalist  Society  in  Lowell,  name  changed        ...  56 
Secretary  of  the  state  board  of  agriculture,  extra  copies  of  annual 

report  to  be  printed 533 

Secretary  of  the  civil  service  commission,  salary  established     .        .  40 

Secretary  of  the  Commonwealth,  salary  established  ....  355 

Security  given  for  small  loans,  redemption  of 360 

Security  Savings  Bank,  in  the  town  of  West  Boylston,  incorporated,  75 
Seizure  and  disposition  of  implements,  etc.,  used  in  illegal  sale,  etc., 

of  intoxicating  liquors 237 

Seminary  and  College,  Mount  Holyoke,  may  confer  degrees,  diplo- 
mas, etc. 83 

Senate  and  house  of  representatives,  clerks  of,  may  employ  addi- 
tional clerical  assistance 3 

Sentences  of  imprisonment  in  the  Massachusetts  reformatory,  relat- 
ing to 46 

Shad  fisheries  in  Mill  river  in  the  town  of  Essex,  protected       .        .  94 
Shalom,  Ohabei,  may  hold  additional  real  and  personal  estate    .        .  126 
Shattuck  Street  Universalist  Society  in  Lowell,  The,  name  established,  56 
Sheldon,  Lucius  M.,  may  build  a  bridge  or  causeway  across  a  tide- 
water ci'eek  in  Westport 73 

Shell-fisheries,  in  the  head  waters  of  Buzzard's  bay,  regulated  .        .  182 

in  town  of  Essex,  regulated 163 

in  waters  adjacent  to  town  of  Nantucket,  regulated         .        .  190 

in  town  of  Winthrop,  regulated 167 

Sherifl"  of  the  county  of  Middlesex,  salary  established       ...  72 

Suffolk,  salary  established 185 

Worcester,  salary  established 196 

Signal  systems,  police,  penalty  for  iuterfei-ing  with  ....  232 

Smith,  Patience  E.,  eligible  to  receive  state  aid          ....  558 

Societies,  religious,  incorporated,  may  make  by-laws         .        .        .  266 
Societies  : 

Beverly  Fuel,  incorporated 37 

First  Baptist  in  Chelsea,  may  sell  real  estate ;  sales  heretofore 

made,  confirmed 126 

Parish  of  St.  Anne's  in  Chelmsford,  name  changed  to  the 

Parish  of  All  Saints 48 

Hawes  Place  Congregational,  name  changed  to  the  Hawes 
Unitarian  Congregational  Church ;  deacons  to  be  elected  by 

the  society       . .         75,  143 

First  Congregational,  of  Jamaica  Plain,  may  make  by-laws,  etc.,  221 


Index.  817 

Pago 

Societies  —  Concluded. 

Second  Universalist,  in  Lowell,  name  changed  to  The  Shattuck 

Street  Universalist  Societ^y,  in  Lowell 5G 

Trinitarian   Church,  in  New  Bedford,  may  hold  additional 

estate 187 

The  First  Unitarian,  in  Revere,  incorporated ;   title  to  real 

estate  confirmed 153 

Father  Mathew  Mutual  Benevolent  Total  Abstinence,  charter 

amended 402 

New  England  Historic-Genealogical,  may  hold  additional  real 

and  personal  property 184 

for  the  Relief  of  Aged  Females,  Newburyport,  may  hold  addi- 
tional real  and  personal  estate 239 

Oxfoi'd  Agricultural,  incorporated 71 

Trustees  of  the  Delta  Upsilou,  of  Williams  College,  incor- 
porated     ;'.8,  320 

Woman's  American  Baptist  Home  Mission,  purposes  enlarged,  169 

Soldiers'  messenger  corps,  allowance  to 533 

Soldiers  and  sailors  who  served  in  the  army  or  navy  during  the 

rebellion,  relief  for,  in  cases  of  necessity       ....  504 
Soldiers'  Home  in  Massachusetts,  allowance  to  trustees  of        .        .  533 
South  Boston,  Commonwealth's  flats  at,  concerning  ....  531 
Southampton,  town  of,  pi-oceedings  at  annual  town  meeting  con- 
firmed         220 

South  Hadley  and  Holyoke,  bridge  between 260 

South  Scituate,  town  of,  name  changed  to  Norwell    ....  52 

Southern  Worcester,  second  district  court  of,  salary  of  justice         .  141 

Special  laws,  volume  to  be  published 536 

Spencer  Farmers'  and  Mechanics'  Association,  incorporated      .         .  68 

Springfield,  city  of,  water  commissioners  of       ....         .  101 

allowance  to        .........         .  538 

African  Methodist  Episcopal  Church  in,  incorporated      .         .  167 
Springfield  Home  for  Friendless  Women  and  Children  may  hold  addi- 
tional real  and  personal  estate        ......  98 

vSprlngfield  and  New  London  Railroad,  sale  to  Now  York  and  New 

England  Railroad  Company  confirmed 64 

Spy  jiond  in  Arlington,  act  repealed  authorizing  city  of  Cambridge 

to  take  waters  of 115 

St.  Anne's,  parish  of,  in  Chelmsford,  name  changed  to  Parish  of  All 

Saints 48 

Standish  Monument  Association,  allowance  to 541 

State  tax  of  $2,250,000 448 

State  topographical  survey  and  maj)  of,  allowance  for  expenses        .  539 
extra  copies  of  report  of  conmilssioners  to  be  printed     .         .  545 
commissioners  may  propose  changes  in  town  l)oundary  lines  .  271 
State  agent  for  prosecution  of  claims  for  pensions,  etc,  to  l)e  ap- 
pointed   ...........  403 

State  almshouse  at  Tewksbury,  allowance  for  improvements  at         .  549 


818 


Index. 


iStatc  almshouse  at  Tewksbury,  trustees  may  sell  land  at   . 

State  farm  at  Bridgewater,  allowance  for  new  buildings  at 

State  house,  land,  etc.,  adjacent  to,  vaay  be  taken  for  providing  ac- 
commodations for  departments,  etc.,  of  the  state  govern- 
ment         306 

State  house  and  Commonwealth  building,  allowance  for  repairs 

State  industrial  school,  allowance  to,  for  repairs,  etc. 

State  library,  .f5,000  to  be  annually  appropriated  for  . 

State  prison  at  Boston,  salaries  of  officers,  etc.  .... 
allowance  for  houses  for  use  of  officers  of  .  .  . 
allowance  for  printing  materials,  etc.,  to  be  used  at 

State  Street  Exchange,  incorporated   ...... 

Statistics  of  labor,  bureau  of,  printing  and  distribution  of  annual 

reports  of 

parts  of  annual  reports  to  be  printed         .... 
salaries  of  first  and  second  clerks  of         ...        . 

Statutes,  public,  supplements  to,  to  be  prepared  and  published  . 

Statutes,  public,  new  index  to,  printing  and  distribution  of 

Steamboat  Company,  Old  Colony,  may  increase  its  capital  stock 

Steel  Works,  Worcester,  ma,y  increase  capital  stock 

Stockbridge,  town  of,  fire  district  may  be  established  in  . 

Stoughton,  town  of,  new  town  of  Avon  set'  oil' from  . 

Stoughton  fire  district,  powers  enlarged 

Stoughton  Water  Company,  provisions  aflecting 

Street  railway  cars  of  one  company  not  to  be  run  over  the  tracks  of 
another  without  approval  of  railroad  commissioners    . 

Street  Railway  Company,  East  Middlesex,  may  locate  and  extend 
its  tracks  in  the  city  of  Chelsea 114 

Street  Railway  Company,  Marlborough,  incorporated 

Suffolk  county,  superior  court  for  civil  business  in,  third  assistant 

clerk  may  be  appointed 

salary  of  the  sheriff 

relating  to  certain  court  officers  in 

register  of  probate  and  insolvency  for,  allowance  for  clerical 
assistance        .......... 

Suits  for  redemption  of  mortgaged  premises,  relating  to  . 

Sullivan,  Stephen  F.,  allowed  a  soldier's  bounty        .... 

Superintendent  of  prisons,  general,  to  approve  pay  rolls,  etc.,  of 
state  prison  and  reformatories 

Superintendent  of  prisons,  general,  extra  copies  of  report  to  be 
printed    

Superintendents  of  schools,  small  towns  aided  to  provide 

Superintendents  of  schools,  board  of  education  to  report  upon  ex- 
pediency of  fixing  tenure  of  office  of     

Superior  court,  salaries  of  justices 

number  of  associate  justices  increased 

fees  payable  to  clerk 


Page 
554 
559 


560 
554 
538 

30 
215 
539 
552 

05 

29 
531 

85 
851 
54G 

20 
329 
134 

43 
217 
220 

225 

422 
124 

112 

185 
331 

226 

487 
542 

273 

534 
486 

538 

223 

49 

208 


Index.  819 

I'age 

Superior  court,  justices  may  appoint  a  third  assistant  cleric  for  civil 

business  in  the  county  of  Suflblk 112 

for  the  county  of  Bristol,  additional  terms  established     .         .  256 

for  the  county  of  Suffolk,  officers  in  attendance  upon       .         .  318 

Supplements  to  the  Public  Statutes  to  be  prepared  and  publisheil    .  351 
Supreme  Council  of  the  Royal  Arcanum  may  hold  its  meetings  in 

the  District  of  Columbia  or  Dominion  of  Canada          .         .  17 
Supreme  judicial  court,  if  appeal,  etc.,  is  not  entered  in,  judgment, 
etc.,  may  be  entered  in  court  in  which  appeal,  etc.,  was 

taken  on  motion  of  adverse  party 71 

fees  payable  to  clerk 208 

salaries  of  justices 223 

appeals  to,  from  probate  courts        ......  231 

Survey,   topographical  and  map  of  the  state  commissioners  may 

propose  changes  in  town  boundary  lines       ....  271 

allowance  for  expenses 539 

report  of  commissioners  on,  extra  copies  of  report  to  be 

printed 645 

T. 

Table,  showing  what  general  statutes  of  the  Commonwealth  and 
what  chapters  of  the  Public  Statutes  have  been  aflected  by 

subsequent  legislation G41 

Taunton,  city  of,  may  raise  money  by  taxation  for  celebration  of 
two  hundred  and  fiftieth  anniversary  of  settlement  as  a 

town 48 

Taunton,  city  of,  may  increase  its  water  loan 92 

Taunton  lunatic  hospital,  allowance  for  improvements  at         .        .  544 

Tax,  state,  of  .$2,250,000 448 

Taxation,  exemption  of  property  of  certain  literary  and  other  asso- 
ciations from  .        ...         .        .        .        .        .        .        .114 

of  insurance  companies,  returns  for 113 

of  personal  estates,  I'elating  to 325 

of  property  held  by  safe  deposit,  loan  and  trust  companies     .  444 

Taxes,  assessment  of,  in  certain  cases 325 

time  extended  for  application  for  assessment  of      .        .        .  165 

assessors  of,  evening  sessions  of 166 

assessors  of,  in  towns,  to  post  lists  of  persons  assessed  for 

poll  tax 170 

assessors  of,  to  submit  to  inspection  of  residents  and  property 

holders,  upon  request,  the  list  of  valuation  and  assessment,  246 
assessed  on   real  estate,   abatement  may  be  applieil   for  Ijy 

tenant  who  is  under  obligation  to  pay  the;  same   .         .         .  257 

collection  of,  statutes  relating  M,  amended  and  codilied          .  361 

collection  of,  forms  which  may  be  used  in  proceedings  for     .  384 

county,  granted 550 


820  Index. 

Page 
Technology,  Massachusetts  Institute  of,  niay  hold  additional  real 

and  personal  estate         ........  55 

Technology,  Massachusetts  Institute  of,  allowance  to,  subject  to 

maintenance  of  scholarships 557 

Temporary  Home  for  the  Destitute,  The,   name   changed  to  The 

Gwynne  Temporary  Home  for  Children        ....  88 

Tenants,  under  obligation  to  pay  taxes  on  real  estate,   may  ai)ply 

for  an  abatement     .........  257 

Tewksbury,  town  of,  part  of,  annexed  to  city  of  Lowell   .         .         .  311 
asylum  for  insane  at,  pauper  lunatics  may  be  transferred  to, 

by  the  board  of  lunacy  and  charity 54 

state  almshouse  at,  allowance  for  improvements      .         .        .  549 
Theatres,  proscenium  in,  to  have  curtain  of  incombustible  mate- 
rial   170,  473 

Thayer,  Shepard,  notary  public,  acts  confirmed          ....  552 
Tisbury,  town  of,  may  regulate  doings  of  the  Vineyard  Haven  Gas 

and  Electric  Company 87 

Tools,  mechanics',  insurance  of 106 

Topographical  survey  and  map  of  the  state,  commissioners  on,  may 

propose  changes  in  town  boundary  lines       ....  271 

allowance  for  expenses 53!) 

extra  copies  of  report  of  commissioners  on,  to  be  printed       .  545 
Total    Abstinence   Society,   The  Very  Reverend   Father  MatheAV 

Mutual  Benevolent,  charter  amended 402 

Tow  Boat  Company,  Boston,  charter  amended 51 

Towns  : 

Abington  may  make  an  additional  water  loan           .        .         39,  145 

Amesbury,  statue  of  Josiah  Bartlett  at 559 

Ashburnham,  water  supply  for 405,529 

Ashland,  Washakum  pond  in,  purity  of  waters  to  be  preserved,  330 

Attleborough,  proceedings  of  town  meeting  confirmed    .        .  73 

Avon,  incorporated;  set  off  from  Stough  ton    ....  43 

Bourne,  selectmen  may  grant  permits  to  take  scallops    .        .  182 

Brookfield,  proceedings  at  annual  town  meeting  confirmed     .  234 

Brookfield,  water  supply  for 59 

Brookline,  additional  water  supply  for 97 

Chicopee,  certain  remains  of  the  dead  in,  to  be  removed  and 

reburied 183 

Concord  may,  by  contract,  supply  the  Massachusetts  reform- 
atory with  water .  565 

Dartmouth  and  city  of  New  Bedford,  boundary  line  between  238 

Essex,  clam  fisheries  in,  regulated 163 

Essex,  Mill  river  in,  shad  fisheries  protected    ....  .94 

Florida,  allowance  to 556 

Framingham,  Washakum  poAd  in,  purity  of  waters  to  be  pre- 
served       -330 

Gill,  village  of  Riverside  in,  water  supply  for  ....  191 


Index. 


821 


Towns  —  Coulinued, 

Hadley,  protection  against  encroachments  of  tlie  Connecticut 

river         ........... 

Hanover  may  be  supplied  witli  water  by  Rocliland  and  Abing- 

ton 

Hudson,  proceedings  at  town  meeting  confirmed  . 
llyde  Parlv,  proceedings  at  town  meeting  confirmed 
Manchester,  selectmen   may  take  a  portion  of  burial  ground 

to  widen  Summer  street 

Marblehead,  water  supply  for 

Marblehead,  may  allow  discounts  for  voluntary  payments  of 

taxes        .......... 

Marlborough  may  maintain  a  system  of  sewerage,  etc.  . 
Maynard  may  supply  itself  with  water     .... 

Medford  may  establish  a  grade  of  not  less  than  thirteen  feet 

above  mean  low  water    ....... 

Mcrrimac,  hoi'se  railroad  tracks  in,  to  be  determined  by  select 

men  .         .         .         .         .         .         ... 

Millbury  may  supply  itself  with  water       .... 

Milton,  water  supply  for    .......       4 

Nantucket,  scallops  in  waters  adjacent  to,  taking  of 

Needham,  water  supply  for 

North  Attleborough,  acceptance   of  act  incorporating,  con 

firmed       .......... 

Norwell,  name  changed  to,  from  South  Scituate 
Feabody,  may  increase  and  preserve  its  water  supply 
Plymouth  may  establish  a  system  of  sewerage 
Quincy,  powers  given  to,  in  relation  to  brooks  and  stream; 

therein     

Quincy,  granted  a  city  charter  .         .         .         .         .        . 

Randolph  may  make  an  additional  water  loan 

Revere,  proceedings,  at  annual  meeting  of,  confirmed     . 

Rockport,  included  within  judicial  district  of  the  police  cour 

of  Gloucester -        . 

South  Hadley  and  city  of  Holyoke,  bi'idge  between 

South  Scituate,  name  changed  to  Norwell 

Southampton,  proceedings  at  annual  town  meeting  confirmed 

Stockbridge,  fire  district  may  be  established  in 

Tewksbury,  part  of,  annexed  to  city  of  Lowell 

Tisbury   may    regulate   acts   of   Vineyard   Haven    Gas   and 

Electric  Company 

Ware,  proceedings  at  election  confirmed  .... 
Wareham,  selectmen  may  grant  permits  to  take  scallops 
Wareham  may  build  bridge  across  Swift's  Narrows 
Wellesley  may  supply  town  of  Needham  with  water 
West  Boylston,  Security  Savings  Bank  in,  incorporated 
Wilmington  included  within  the  judicial  district  of  the  fourth 

district  court  of  Eastern  Middlesex 


24. 


Page 


.5(51 
273 

2h; 

140 

188 

28!) 
252 
41!) 

73 

'J7 
413 

,  430 
190 

,  40!) 

73 

52 

8!) 

322 

107 
281 
105 
178 

200 
260 
52 
226 
134 
311 

87 
195 
182 
233 
409 

75 

49 


822 


Index. 


Page 
Towns  —  Concluded. 

Winchendon,  water  supply  for 525 

Winchester  may  elect  commissioners  of  burial  grounds  .        .       155 

Wintlirop,  clam  fisheries  in,  regulated 1G7 

Wintlirop  authorized  to  construct  a  system  of  sewerage        .       211 

Woburu,  granted  a  city  charter 332 

Wrentham,  Plainville  Water  Company  in,  charter  revived      .       423 
Town  Neck  Land  and    Improvement  Company  of  Sandwich,  in- 
corporated        27 

Town  boundary  lines,  definition  and  preservation  of  .  .  .  271 
Town  and  city  boundary  lines,  determination  of,  by  triangulation  .  539 
Towns,  assessors  of  taxes  in,  relating  to    .        .        .         165,  24G,  264,  325 

auditor  in,  office  established 180 

appropriating  money  for  free  public  libraries,  to  elect  boards 

of  trustees,  etc 242 

may  discontinue  voting  precincts 109 

elections  in,  statements  relative  to  the  voting  at,  not  to  be 

made  prior  to  public  declaration 168 

ballots  to  be  used  in,  upon  question  of  granting  liquor 
licenses  to  be  furnished  by  the  secretary  of  the  Common- 
wealth      487 

small,  aided  to  provide  school  superintendents        .         .        .       486 
Towns  and  cities  may  require   the  registration  and  licensing  of 

plumbers 77 

iu  same  water-shed,  may  unite  in  a  sewer  system  for  protec- 
tion of  water  source  from  pollution       115 

where  salt-water  fish  are  landed  from  vessels,  public  weigher 

to  be  appointed 122 

wiiere  property  is  destroyed  by  fire,  cause  and  origin  to  be 

investigated 164 

to  equip  their  fire  departments  with  apparatus  for  saving  life 

at  fires 251 

clerks  of,  to  give  bonds  for  the  faithful  accounting  for  moneys 

received  for  dog  licenses 263 

certificates  and  registry  of  deaths,   and  the  burial   and  re- 
moval of  bodies  of  deceased  persons  in         ....       245 

collection  of  taxes  in  ........       361 

Trade  or  labor  associations  may  be  incorporated       ....         99 

Treasurer  and  receiver-general  may  borrow  money  iu  anticipation 

of  revenue 530 

Treasurers,  county,  to  furnish  upon  requisition,  dockets  and  blanks 
for  use  of  trial  justices,  district  courts,  etc.,  iu  crluiinal 

cases 228 

Treasury,  advances  from,  for  aid  of  certain  discliarged  prisoners    .       264 

Tredo,  Henry,  allowance  to 535 

Trial  justices,  preservation  of  dockets,  records  and  other  official 

papers  of 1"5 


Index.  '  823 

Page 
Trial  justices  to  be  furnished  with  dockets  and  blanks  for  use  in 

criminal  cases 228 

Trinitarian  Church  in  New  Bedford,  doings  confirmed;    may  hold 

additional  real  and  personal  estate         .....       187 
Trout,  landlocked  salmon,  etc.,  in  Berksliire  county,  time  limited 

for  taking 224 

Trust  companies,  safe  deposit  and,  in  relation  to       ...         .      437 

Trust  Company,  Chelsea  Safe  Deposit  and,  incorporated  .         .         .       472 

Commonwealth  Safe  Deposit  and,  name  changed  to  the  United 

States  Safe  Deposit  and  Trust  Company       ....       203 
Manufacturers',  name  established;  may  increase  capital  stock 

and  purchase  real  estate 222 

Mercantile  Loan  and,  incorporated  ......       472 

Middlesex  Safe  Deposit  and,  incorporated        ....       471 

Union  Loan  and,  incorporated  .......       471 

Trustee  process,  adverse  claimants  in,  judgment  and  execution  in 

favor  of 280 

Trustees,  confirmation  of  defective  acts  of        ....         .       470 
Trustees  of  free  public  libraries  in  towns,  election  and  powers  and 

duties  of 242 

of  savings  banks  and  institutions  for  savings,  meeting  of  board 

of,  regulated 72 

of  Armenia  College  funds,  name  changed  to  The  Trustees  of 

Euphrates  College  funds 39 

of  the  Delta   Upsilon   Society   of  Williams   College,  incor- 
porated     38,  326 

of  the  Eastern   Railroad  Company,  additional  autliority  to 

invest  the  sinking  fund 331 

of  the  Foxborough  Cemetery  Coi'poration  may  take  and  hold 

additional  real  estate 147 

of  the  Greene  foundation  may  hold  additional  real  estate        .        7G 
of  the  city  library  of  Lowell,  incorporated      .        .        .         .180 

of  the  Home  for  Aged  Females  in  the  city  of  Worcester,  name 
changed  to  The  Trustees  of  the  Home  for  Aged  Women  in 
the  city  of  Worcester      ........         84 

of  the  Massachusetts  school  for  the  feeble-minded,  additional 
number  of  annual  reports  of,  to  be  printed  ....       149 

of  Mount  Holyoke  Seminary  and  College,  The,  name  estal)- 

lislied;  may  confer  degrees,  etc 83 

of  the  Presbytery  of  Boston,  incorporated      ....       329 

of  Saint  Mark's  school  may  hold  additional  real  and  personal 

estate       ...........         55 

of  Westfield  Academy  may  expend  income  of  funds  in  aid  of 

high  school  in  Westfield 409 

Turk,  John,  soldier's  bounty  to  be  paid  to  .....       SGI 


824 


Index. 


U. 

Undertakers,  etc.,  not  to  bury  or  remove  for  burial  the  body  of  a 

deceased  person  without  a  permit,  etc 

Union  Loan  and  Trust  Company,  incorporated 

United  States  Safe  Deposit  and  Trus^  Company,  name  established  . 


Page 

245 
471 
203 


Y. 

Valleys,  Mystic  and  Charles  river,  investigations  relating  to  sewage 

disposal,  etc 541,  550 

Valuation  and  assessment,  list  of,  to  be  open  to   examination  by 

residents  and  property  holders 240 

Ventilation  and  sanitary  provisions  in  buildings  .  .  .110,  244 
Vineyard  Haven  Gas  and  Electric  Company,  incorporated  .  .  86 
Volunteer  militia,  Massachusetts,  a  naval  battalion  to  be  attaclied  to,  326 
Volunteer  militia,  Massachusetts,  armories  to  be  provided  for  .       352 

Vote  upon  the  question  of  granting  liquor  licenses,  ballots  to  be 

used 487 

Vote  at  elections  in  towns,  statements  relative  to,  not  to  be  made 

prior  to  public  declaration  thereof 168 

Votes  for  election  of  presidential  electors,  return  of,  etc.  .  .  348 
Votes  cast  by  women  in  elections  for  members  of  school  committees, 

relating  to 313,  494 

Voting  precincts,  towns  may  discontinue 109 

Voting  by  proxy  at  meetings  of  corporations,  relating  to         .         .       152 


w. 

Walker,  Henry,  justice  of  the  peace,  acts  confirmed         .        .        .  543 
Waltham,  city  of,  may  issue  bonds,  beyond  the  debt  limit,  for  pro- 
viding surface  drainage -.        .        .  148 

"Wards  in  cities,  new  division  of,  provided  for 502 

Ware,  town  of,  proceedings  at  election  confirmed     ....  195 

Wareham,  town  of,  selectmen  may  grant  permits  to  take  scallops    .  182 

Wareham,  town  of,  may  build  bridge  across  Swift's  river          .         .  ?33 
Washakum  pond,  in  towns  of  Fraraingliam  and  Asldand,  purity  of 

waters  of,  to  be  preserved 330 

Watchmen  in  family  hotels   in  Boston  not  required  when  the  in- 
spector of  buildings  so  decides 68 

Water  Company,  Brush  Hill,  incorporated 430 

Fairhaven,  incorporated     ........  157 

Hyde  Park,  provisions  afl'ecting .431 

Milton,  incorporated 424 

Milton,  provisions  afl'ecting        .......  431 

Monson,  incorporated         ........  116 

Plainville,  charter  revived 423 

Powow  Hill,  charter  amended 108 


Index.  825 

rage 
Water  Company,  Quincy,  provisions  attecting    .....       424 

Riverside,  incorporated      .         .         .         .         .         .         .         .191 

Stoughtou,  provisions  aflecting         ......       220 

Water  gas  for  illuminating  purposes,  concerning       ....       478 

Water  loan  for  Abington 39,  145 

Ashburnham        ..........       400 

Brooktteld 60 

Brookline 98 

Cambridge 105 

Leicester 131,  134 

Lynn 125 

Maiden 174 

Maynard 420 

Middleborough  tire  district 57 

IMillbury 415 

Milton 428,  435 

Monson 119 

Needham 78 

Newton        ...........         66 

Peabody 91 

Randolph 105 

Rockland 145 

Stoughton  fire  district        .         .         .         .         .         .         .         .218 

Taunton       ...........         92 

Winchendon        .         .         .      * .         .         .         .         .         .         .       527 

Water  supplies,  sources  of,  preservation  from  pollution   .         .         .115 
Water  Supply  : 

Amesbury 108 

Ashburnham 405,  529 

Brookfield 59 

Brookline 97 

Cambridge 102,  115 

Fairhaven   ...........       157 

Hanover 143 

Central  Village  of  Leicester 128 

Maiden 172 

village  of  Mansfield 96 

Marblehead 188 

the  Massachusetts  reformatory 565 

Maynard 419 

Millbury 4 13 

Milton 424,  430 

Needham 78,  409 

Peabody       ...........         89 

Randolph    ...........       105 

reformatory  prison  for  woineU' 330 

village  of  Riverside  in  town  of  Gill 191 

Salisbury lOg 


826  Index. 

Page 
Water  Supply — Concluded. 

Stoughton  fire  district 218 

Winchendon 525 

village  of  Plaiuville  in  Wrentham 423 

Waters,  inland,  purit}'  of,  to  be  protected  ......  343 

Waters,  inland,  purity  of,  extra  copies  of  report  on,  to  be  printed  .  535 
Weighers,  public,  to  be  appointed  in  cities  and  towns  where  salt- 
water fish  is  landed  from  A-essels       ......  122 

Welch,  Francis  C,  justice  of  the  peace,  acts  confirmed    .         .         .  540 

Wellesley,  town  of,  may  supply  town  of  Needham  with  water .         .  409 
West  Amesbury  Manufacturing  Company,  name  changed  to   the 

Merrimac  Wheel  and  Gear  Company 70 

West  Boylston,  Securitj'  Savings  Bank  in,  incorporated  ...  75 
Westborough  insane  hospital,  railroad  across  land  of,  may  be  per- 
mitted to  be  constructed '     .  109 

Westborough  insane  hospital,  allowance  for  improvements  at           .  548 

Westborough  insaue  hospital,  allowance  for  current  expenses         .  541 
Westborough,  Lyman  school  for  boys  at,  allowance  for  buildings, 

etc 553 

Western  Hampden,  district  court  of,  salary  of  clerk.        ...  68 
Westfield  Academy,  trustees  of,  may  expend  income  of  funds  in  aid 

of  high  school  in  Westfield 409 

Westport,  town  of,  Lucius  M.  Sheldon  may  build  a  bridge  or  cause- 
way across  a  tide-water  creek  in    ......  73 

Wharf  Company,  Atlantic,  organization  confirmed;  may  hold,  sell, 

etc.,  wharf  property 106 

White,  George,  allowance  to       .......         .  542 

White,  Joseph  W.,  allowance  to  widow  of         .....  550 

Whitman  Savings  Bank,  incorporated         ......  39 

William  E.  Smythe  Company,  The,  name  established        ...  30 
Williams  College,  trustees  of  the  Delta  Upsilon  Society  of,  incor- 
porated              38,  326 

Williams  Market  Corporation  may  improve  its  real  estate  in  Boston 

and  may  issue  additional  stock       ......  88 

Wilmington,  town  of,  included  within  the  judicial  district  of  the 

fourth  district  court  of  Eastern  Middlesex    ....  49 

Wills  of  real  and  personal  estate,  agreements  to  make,  in  relation  to,  331 
Wills,  Henr}' L.  B.,  commissioner  for  Massachusetts  in  Colorado, 

acts  confirmed 532 

Wilson,  Charles,  allowance  to 538 

Wincheudon,  town  of,  water  supply  for 525 

AVinchester,  town  of,    may  elect   commissioners  of  public  burial 

grounds  ...........  155 

Wing  dam  on  Connecticut  river  in   South  Hadley,  height,  etc.,  to 

be  determined  by  harbor  and  land  commissioners         .         .  183 

Winthrop,  town  of,  clam  fisheries  regulated  in  .         .         .         .         .  167 

Winthrop,  town  of,  authorized  to  construct  a  system  of  sewerage   .  211 


Index. 


827 


Page 
Witnesses  iu  inquests,  and  in  criminal  proceedings  before  trial  jus- 
tices, district  courts,  etc.,  payment  of  fees  to        .         .         .  145 
Woburn,  city  of,  incorporated      ........  332 

"Woman  Suftrage  Association,  National,  of  Massachusetts,  incorpo- 
rated           184 

Woman's  American  Baptist    Home  Mission  Society,  purposes  en- 
larged         169 

Women,  ballots  cast  by,  in  elections  for  school  committees      .       313,  494 
detained  or  received  at  police  stations  to  be  in  charge  of  police 

matrons   ...........  146 

punishment  of,  for  second  oflence  of  drunkenness   .         .         .  345 
Women,  reformatory  prison  for,  additional  land  may  be  purchased 

for 222 

salaries  of  matrons,  etc.     ........  266 

purity  of  water  supply  for 830 

electric  lighting,  etc.,  for  ........  549 

protection  against  lire  at 560 

W^omen  and  children  not  to  be  compelled,  by  railroad  corporations, 

to  ride  in  smoking  cars  ........  142 

Women  and  girls,  penalties  for  sending  to  houses  of  ill-fame   .        .  252 

Woodcock,  for  preservation  of 232 

Wood's  HoU  harbor,  fees  for  pilotage  of  vessels  in  and  out  of .        .  230 

Worcester,  city  of,  may  borrow  money  for  purposes  of  public  parks,  108 

may  lay  out  a  street  over  laud  of  the  Commonwealth      .        489,  518 

police  force  of,  tenure  of  office  .......  322 

state  normal  school  at,  allowance  for  repairs  ....  555 

central  district  court  of,  salary  of  justice        ....  46 

Trustees  of  the  Home  for  Aged  Females  in,  name  changed      .  84 

central  district  court  of,  extra  clerical  assistance  for  clerk  of,  148 
Worcester  county,  assistant  register  of  probate  and  insolvency  of, 

salary  established 112 

commissioners  may  enlarge  jail  and  house  of  correction  at 

Fitchburg 107 

salai-y  of  sheriff" 196 

Worcester  Steel  Works  may  increase  capital  stock    ....  329 

AVorkingmeu's  Building  Association,  incorporated    ....  70 

Workingmen's  Loan  Association,  incorporated 81 

Woriishops  and  factories,  sanitary  provisions  in         ...         .  244 

Worthen,  George  E.,  allowance  to 538 

Wrentham,  town  of,  Plainville  Water  Company  in,  charter  revived,  423 


Y. 


Yacht  Club,  JettVies,  name  established 


98 


mil 


^m