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

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 -^^^ -^^"^ 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 t