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TlM^  U'-u^C^u^-'-'^^ 


r      > 


ACTS 


RESOLVES 


PASSED  BY  THE 


€i*neral  ^ourt  of  ^itssaclntsctts, 


IN  THE  YEAR 

1889, 

TOGETHER  WITH 

THE   CONSTITUTION,  THE   MESSAGES   OF   THE   GOVERNOR, 

LIST   OF   THE   CIVIL   GOVERNMENT,  TABLES    SHOWING 

CHANGES    IN   THE    STATUTES,    CHANGES   OF 

NAMES    OF    PERSONS,  ETC.,  ETC. 


PUBLISH KD    BY    THE 

SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON : 

WRIGHT   &  POTTER   PRINTING   CO.,    STATE   PRINTERS, 

No.  18  Post  Office  Square. 

1889. 


A  CONSTITUTION 


FORM    OF    GOVERNMENT 


Commonto^altlj  of  IBassathus^tts. 


PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administra-  objects  of 
tion  of  government,  is  to  secure  the  existence  of  the  body  soycvumenu 
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,  by  which  the  whole  i^^aul?^?  * 
people  covenants  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  common  good.  It  is  the  duty  of  the  people, 
therefore,  in  framing  a  constitution  of  government,  to 
provide  for  an  equitable  mode  of  making  laws,  as  well  as 
for  an  impartial  interpretation  and  a  faithful  execution 
of  them  ;  that  every  man  may,  at  all  times,  lind  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  atibrding  us,  in  the  course 
of  His  providence,  an  opportunity,  deliberately  and  peace- 
ably, without  fraud,  violence,  or  surprise,  of  entering  into 


CONSTITUTION  OF  THE 

an  original,  explicit,  and  solemn  compact  with  each  other; 
and  of  forming  a  new  constitution  of  civil  government, 
for  ourselves  and  posterity ;  and  devoutly  imploring  His 
direction  in  so  interesting  a  design,  do  agree  upon,  ordain, 
and  establish,  the  following  Declaration  of  Rir/Jds,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 

MONAVEALTH  OF  MASSACHUSETTS. 


PART    THE    FIRST. 

A   Declaration   of  tlie   RigJits  of  the  Inhabitants  of  the 
CommomveaUh  of  Massachusetts. 

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

all  men.  certain  natural,  essential,  and  unalienable  rights;  among 

which  may  be  reckoned  the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties  ;  that  of  acquiring,  possessing, 
and  protecting  property  ;  in  fine,  that  of  seeking  and  ob- 
taining their  safety  and  happiness. 
Right  and  duty        w      It  is  the  rio;ht  as  well  as  the  duty  of  all  men  in 

of  public  rell  ,  ^   ^•     -i  ^  1  !•! 

gious  worship,    socicty,  pul)licly,  and  at  stated  seasons,  to  worship  the 
thM-ein.'°"         SuPREME  Being,  the  great  Creator  and  Preserver  of  the 
i2^Aiien!'i29.      uuivcrse.      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  agreealile  to  the 
dictates  of  his  own  conscience  ;  or  for  his  religious  pro- 
fession of  sentiments ;  provided  he  doth  not  disturb  the 
public  peace,  or  obstruct  others  in  their  religious  worship. 
Amendment,  ux.      [As  the  liappiucss  of  a  pcople,  and  the  good  order 

tuted  for  this,     and  prcscrvatiou  ot  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  era-  instructions  in  piety,  relio-ion,  and  morality:    Therefore, 

powered  to  coni-  m.         %j  '  ^  cd  '  «>  ' 

pel  provision  for  to  pi'omote  their  happiness,  and  to  secure  the  good  order 
pu  icwors  ip,  ^^^^^1  preservation  of  their  government,  the  people  of  this 
commonwealth  have  a  right  to  invest  their  legislature  with 
power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several  towns, 
parishes,  precincts,  and  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense, 
for  the  institution  of  the  public  W'Orship  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  peo]:)le  of  this  commonwealth  have  also  a  ritjht    fndioen>"Q 

.,.,.,  .   ,  .  ^         attendance 

to,  and  do,  invest  their  legislature  with  authority  to  enjoin  ti^ei'-on. 
upon  all  the  sul)jects  an  attendance  upon  the  instructions 
of  the  public  teachers  aforesaid,  at  stated  times  and  sea- 
sons, if  there  be  any  on  whose  instructions  they  can  con- 
scientiously and  conveniently  attend. 

Provided,  notwithstanding,  that  the  several  towns,  par-  Exclusive  nsrht 
ishes,  precincts,  and  other  bodies  politic,  or  religious  socie-  ^.'ioUTe'achcIs" 
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  whomVa^rochiai 
public  worshiii,  and  of  the  public  teachers  aforesaid,  shall,  taxes  may  be 

.        puiu  uult^sB  etc 

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

And  every  denomination  of  Christians,  demeaning  them-  Aiuienomina. 
selves  peaceably,  and  as  good  subjects  of  the  commonwealth,  p\"ott.cted'!  ' 
shall  1)6  equally  under  the  protection  of  the  law  :  and  no  si^borcUnatiou 
subordination  of  any  one  sect  or  denomination  to  another  ofo'ieeectto 

in  1  II-    Till  T  another  pro- 

shall  ever  be  established  by  law.]  tibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  eeif. 
and   exclusive  right  of  governing  themselves,  as  a  free,  fecureT'^" 
sovereign,  and   independent  state  ;  and  do,  and   forever 
hereafter  shall,  exercise  and  enjoy  ev^ery  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  residins:  orio-inally  in  the  people,  and  Accountability 

,  T       •         1      /•  11  1  I         '^  of  ail  oUicers, 

being   derived   from   them,    the  several  magistrates  and  ^t^- 
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  rcn. 
have  any  other  title  to  obtain  advantages,  or  particular  public  being  the 
and  exclusive  i)rivileges,  distinct  from  those  of  the  com-  peiuiiai-Vrwi- 
munity,  than  Avhat  arises  from  the  consideration  of  ser-  '^-ges,  herc.ii. 

"^  ,  ,  ti"y  ofiices  are 

Vices   rendered   to   the   public;    and   this  title   being  m  i'i>'<i'rti;»"ti 
nature  neither   hereditary,  nor  transmissible  to  children, 
or  descendants,  or  relations  by  blood,  the  idea  of  a  man 


CONSTITUTION  OF  THE 


ObjectB  of  ?ov 
eminent;     right 
of  people  to 
institute  and 
change  it. 


Tiisht  of  people 
to  secure  rota- 
tiou  in  office. 


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

Taxation  found- 
ed on  consent. 
IG  Mass.  326. 
1  Tick.  418. 
7  Pick.  3-14. 
12  Pick. 184, 467. 
16  Pick.  87. 
23  Pick.  360. 
7  Met.  388. 
4  Gray,  474. 
7  Gray,  363. 
14  Gray,  1.54. 
1  All.  n,  150. 
4  Allen,  474. 
Private  prop- 
erty not  to  be 
taken  for  public 
uses  without, 

6  Oush.  327. 
14  Gray,  15.5. 
IB  Gray,  417, 
431. 


born    a   magistrate,    lawgiver,    or  judge,   i.s    absurd  and 
unnatural. 

VII.  Government  is  instituted  for  the  common  good  ; 
for  the  protection,  safety,  prosperity,  and  happiness  of  the 
people ;  and  not  for  the  profit,  honor,  or  private  interest 
of  any  one  man,  family,  or  class  of  m6n  :  Therefore  the 
people  alone  have  an  incontestible,  unalienable,  and  inde- 
feasible right  to  in.stitute  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 
csta])lish  by  their  frame  of  government,  to  cause  their 
l)ublic  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  coEdraonwealth,  having  such  qualifications  as 
they  shall  establish  by  their  frame  of  government,  have  an 
equal  right  to  elect  officers,  and  to  be  elected,  for  public 
employments .  122  Mass.  595, 506. 

X.  Each  individual  of  the  society  has  a  right  to  be 
protected  by  it  in  the  enjoyment  of  his  life,  liberty,  and 
property,  according  to  standing  laws.  He  is  obliged,  con- 
sequently, to  contribute  his  share  to  the  expense  of  this 
protection  ;  to  give  his  personal  service,  or  an  equivalent, 
when  necessary  :  but  no  part  of  the  property  of  any  indi- 
vidual can,  with  justice,  be  taken  from  him,  or  ap[)lied  to 
public  uses,  without  his  own  consent,  or  that  of  the  repre- 
sentative body  of  the  people.  In  fine,  the  people  of  this 
commonwealth  are  not  controllable  by  any  other  laws 
than  those  to  which  their  constitutional  representative 
1)ody  have  given  their  consent.  And  whenever  the  pub- 
lic exigencies  require  that  the  property  of  any  individual 
should  be  appropriated  to  public  uses,  he  shall  receive  a 
reasonable  compensation  therefor. 


1  Allen,  150. 

11  Allen,  530. 

12  Allen,  223,  230. 


103  Mass.  120,  624. 
106  INIass.  356,  362. 
108  Mass.  202,  213. 


113  Mass.  45. 
116  Mass.  46o. 
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 
prompt. 


100  Mass.  544,  510.        Ill  Mass.  130. 

XI.  Every  subject  of  the  commonwealth  ought  to  find 
a  certain  remedy,  by  having  recourse  to  the  laws,  for  all 
injuries  or  wrongs  which  he  may  receive  in  his  person, 
property,  or  character.  He  ought  to  olitain  right  and 
jii.stice  freely,  and  without  being  obliged  to  purchase  i1  ; 


COMMONWEALTH   OF  MASSACHUSETTS.  7 

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

XH.     No  subject  shall  be  held  to  answer  for  any  crimes  rrosecutrons 
or  offence,  until  the  same  is  fully  and  plainly,  substantially,  r^kklm. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse.  Is  pick.' 434. 
or  furnish  evidence  against  himself.     And  every  subject  f-^11%29'^- 
shall  have  a  right   to   produce   all   proofs   that   may  be  i^cush.  246. 
favorable  to  him  ;  to  meet  the  witnesses  against  him  face  &  Gray',  leo. 
to  face,  and  to  be  fully  heard  in  his  defence  by  himself,  loorayfii! 
or  his  counsel,  at  his  election.     And  no  subject  shall  be  0  A^ieY/sei!' 
arrested,  imprisoned,  despoiled,  or  deprived  of  his  prop-  2V\"4°'4ff" 
erty,  immunities,  or  privileges,  put  out  of  the  protection  4-3! 
of  the  law,   exiled,   or  deprived  of  his  life,   liberty,   or  97  ka^.'svu,' 
estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  looMass. 237, 

the  land.  i03"Ma8a.418. 

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

108  Mass.  6,  6.  120  Mass.  118,  120.        124  Mass.  464.        129  Mass.  559. 

And  the  leo'islature  shall  not  make  any  law  that  shall  T^'s'^ttotriaiby 
subject  any  person  to  a  capital  or  mtamous  punishment,  cases, except, 
excepting  for  the  government  of  the  army  and  navy,  with-  s  Gray,  329, 373. 

.    /   •    1    1         •  103  Mass.  418. 

out  trial  by  jury. 

XHI.    In  criminal  prosecutions,  the  verification  of  facts.  Crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  vkTnUy." 
est  securities    of  the  life,  liberty,  and  property  of  the  i2\' m'I'ss^w,  02. 
citizen. 

XIV.  Every  subject  has  a  rio^ht  to  be  secure  from  all  Right  of  search 

^  1  1  1  •  /■!•  1   •      a'lrt  seizure 

unreasonable    searches,  and  seizures,  ot    his  person,  his  regulated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  A^ueluniv.  " 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  fcusii^seo. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  J.j^Gra''^454 
mation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  10  Aiieu',  403. 

,  ,     .  ^11  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-  273.^'**^"  "^^' 
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  property,  and  in  Right  to  trial  by 

n  •.      1      ,  .  ^  ^        '■ ,    .    ''  ,       jury  sacred,  ex- 

all  suits  between  two  or  more  persons,  except  in  cases  in  cepi,  etc. 

which  it  has  heretofore  been  otherways  used  and  practised,  An"encrt  vif." 

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

of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  ^^^j'^y- Ji^- 

1        1   ■     1  11  1  .  ,  ~   8  Gray,  3(3. 

on  the  high  seas,  and  such  as  relate  to  manners  wa^es,  11  Alien,  574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  io2'MaB8. 45, 

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


CONSTITUTION   OF  THE 


Liberty  of  the 
press. 


Right  to  keep 
and  bear  arms. 
Standing  armies 
dangerous.  Mil- 
itary power  sub- 
ordinate to  civil. 
6  Gray,  121. 


Moral  qualifica- 
tions for  otlice. 


Moral  obliga- 
tions of  lawgiv- 
ers  and  magis- 
trates. 


Right  of  people 
to  instruct  rep- 
resentatives and 
petition  legisla- 
ture. 


Power  to  sus- 
pend the  laws  or 
their  execution. 


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


Freqvient  ees- 
sions,  and  ob- 
jects thereof. 


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


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

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

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

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

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  the  laws,  ought  never  to  be  exercised  but  by  the 
legislature,  or  by  authority  derived  from  it,  to  be  exercised 
in  such  particular  cases  only  as  the  legislature  shall  ex- 
pressly provide  for. 

XXI.  The  freedom  of  deliberation,  speech,  and  debate, 
in  either  house  of  the  legislature,  is  so  essential  to  the 
rights  of  the  people,  that  it  cannot  be  the  foundation  of 
any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 

XXII.  The  legislature  ought  frequently  to  asseml)le 
for  the  redress  of  grievances,  for  correcting,  strengthening, 
and  confirming  the  laws,  and  for  making  new  laws,  as  the 
common  good  may  require. 

XXIII.  No  su])sidy,  charge,  tax,  impost,  or  duties 
ought  to  be  established,  fixed,  laid,  or  levied,  under  any 
pretext  wdiatsoever,  without  the  consent  of  the  people  or 
their  representatives  in  the  legislature. 


COMMONWEALTH   OF   MASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  Er.  pout  facto 
the  existence  of  such  hiws,  and  which  have  not  been  de-  \^l\\>,tfi-yC^' 
cUired  crimes  by  preceding  hiws,  are  unjust,  oppressive,  424,428,434. 
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-  l^easouretc! 
ture. 

XXVI.  No  mao;istrate  or  court  of  law  shall  demand  Excessive  bail  or 

,      .,  °       .  .  .  ,-,  •     n-        hues,  and  cruel 

excessive  bail  or  sureties,  impose  excessive  hues,  or  innict  punishmentB, 

,  1  •    1  J  ijrohibited. 

cruel  or  unusual  punishments.  5  Gray,  482. 

XXVII.  In  time  of  peace,  no  soldier  ought  to  l)e  quar-  No  soldier  to  be 
tered  in  any  house  without  the  consent  of  the  owner  ;  and  housl^uniess,"^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  *^^'^" 

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

XXVIII.  No  person  can  in  any  case  be  subject  to  law-  citizens  exempt 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law,  uarunies^^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  judgesof  su- 
of  every  individual,  his  life,  liberty,  property,  and  charac-  court! ^"'^'"''^ 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  iGmy^472 
and  administration  of  iustice.     It  is  the  ri<iht  of  every  ^  }!}''"' ^^V 

J  ^  c  ^         J    1  Allen,  385. 

citizen  to  be  tried  by  judges  as  free,  impartial,  and  inde-  105  Mass.  219, 
pendent  as  the  lot  of  humanity  Avill  admit.    It  is,  therefore,  Tenure  of  their 
not  only  the  best  policy,  but  for  the  security  of  the  rights  ^^'"^' 
of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  court  should  hold  their  offices  as  long  as 
they  behave  themselves  well ;  and  that  they  should  have 
honorable  salaries  ascertained  and  established  by  standing  salaries. 
laws. 

XXX.  In  the  government  of  this  commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  ci^u^amriegil' 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  j;^^^,^^^^'^^'*"' 
never  exercise  the  legislative  and  judicial  powers,  or  either  2  cush.  577. 
of  them  :  the  judicial  shall  never  exercise  the  legislative  8  Aiien,'247,'253. 
and  executive  powers,  or  either  of  them:  to  the  end  it  286.  ^"^      ' 
may  be  a  government  of  laws  and  not  of  men.  249.^''^*"  ^^^' 

lieMass.  317. 
129  Mass.  559. 


10 


CONSTITUTION   OF  THE 


Title  of  body 
politic. 


PART   THE   SECOND. 
TJie  Frame  of  Government. 

The  people,  inhabiting  the  territory  formerly  called  the 
Province  of  Massachusetts  Bay,  do  hereby  solemnly  and 
mutually  agree  Avith  each  other,  to  form  themselves  into  a 
free,  sovereign,  and  independent  body  politic,  or  state,  by 
the  name  of  The  Comjionwealth  of  ]Massachusetts. 


Legislative 
department. 


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


Governor's  veto. 
99  Mass.  636. 


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


CHAPTER   I. 

THE    LEGISLATIVE    POWER. 

Section  I. 
The  General  Court. 

Article  I.  The  deuartment  of  legislation  shall  be 
formed  by  two  branches,  a  Senate  and  House  of  Represen- 
tatives ;  each  of  which  shall  have  a  negative  on  the  other. 

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

II.  No  bill  or  resolve  of  the  senate  or  house  of  repre- 
sentatives shall  become  a  law,  and  have  force  as  such, 
until  it  shall  have  been  laid  before  the  governor  for  his 
revisal ;  and  if  he,  upon  such  revision,  approve  thereof,  he 
shall  signify  his  approbation  by  signing  the  same.  But  if 
he  have  any  objection  to  the  passing  of  such  bill  or  resolve, 
he  shall  return  the  same,  together  with  his  ol)jections  there- 
to, in  writing,  to  the  senate  or  house  of  representatives,  in 
wdiichsoever  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  objections,  agree  to  pass  the  same,  it 
shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  reconsid- 
ered, and  if  approved  by  two-thirds  of  the  members  pres- 
ent, shall  have  the  force  of  a  law  :  but  in  all  such  cases, 


COMxAION WEALTH  OF  MASSACHUSETTS.  11 

the  votes  of  both  houses  shall  bo  determined  by  j^eas  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 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  joummentof 
or  resolve  shall  not  be  returned  by  the  governor  within  court^v'iti'lill 
five  days  after  it  shall  have  been  presented,  the  same  shall  geeamend.^*' 
have  the  force  of  a  law.  "\7}i>  ip.- 1- 

III.     The  general  court  shall  forever  have  full  power  General  court 
and  authority  to    erect    and   constitute  judicatories  and  "udlcawrfe'I"'^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  c.mrtsofrtcord, 
of  the  conmion  wealth,  for  the  hearing,  try  ins;,  and  deter-  ^ft!""^'- ';., 
mining  of  all  manner  of  crimes,  oftences,  pleas,  processes,  io4. 
plaints,  actions,  matters,  causes,  and  things,  whatsoever, 
arising  or  happening  within  the  commonwealth,  or  between 
or  concerning  persons  inhabiting,  or  residin-g,  or  brought 
within  the  same  :  whether  the  same  be  criminal  or  civil, 
or  whether  the  said  crimes  be  capital  or  not  capital,  and 
whether  the  said  pleas  be  real,  personal,  or  mixed ;  and 
for  the  awarding  and  making  out  of  execution  thereupon. 
To  which  courts  and  judicatories  are  here])y  given  and  courts  etc.. 

•,    ,1    1,  -,  ,         .  /,  .  ~      .  luay  adiuiuister 

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

ly.     And  further,  full  power  and  authority  are  hereby  General  court 
given  and  granted  to  the  said  general  court,  from  time  to  !?tc?^^°*'^   '*^^^' 
time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4  aiiwi',  473. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  J^  Aiieu,  22.3, 
directions  and  instructions,  either  with  penalties  or  with-  100 Mass.  544, 
out ;  so  as  the  same  be  not  repugnant  or  contrary  to  this  ii o'Aiass.  46-, 
constitution,  as  they  shall  judge  to  be  for  the  good  and 
welfare  of  this  commonwealth,  and  for  the  government  j.^JJ^^^^ct^^^u^ot 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  lopuguantto 

«        ,,  "  i.  1     1     <'  /?   j^i  I.  the  coustitution. 

tor  the  necessary  support  and  defence  ot  the  government  6  aucu,  s^s. 
thereof ;  and  to  name  and  settle  annually,  or  provide  by     may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  or appofnuueu" 
within  the  said  commonwealth,  the  election  and  consti-  ii5'Ma88!602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for  ;  and  to  set  forth  the  several  tha" dutk-«!"^^ 
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  contrar}"  to 


12 


CONSTITUTION   OF  THE 


may  Tmpose 
taxuci,  etc. 
12  Mass.  -irrZ. 

5  Alk'i),  4-JS. 

6  Allen,  mS. 

8  Allen,  247,253. 

10  Allen,  2:!5. 

11  Allen,  2tiS. 

12  Allen, 77,  22n, 
230,23^,240,  29S, 
300,312,313,500, 
612. 

9>  Mass,  19. 

100  Mas8.  2S>. 

101  Mass.  575, 
5S5. 

103  Mass.  267. 

114  Mass.  3SS, 

S91. 

116  Mass.  461. 

lis  Mass.  3S6, 

3sy. 

123  Mass.  493, 

49'). 

127  Mass.  413. 


may  impose 
taxes,  etc.,  to  be 
disposed  of  for 
defence,  protec- 
tion, etc 

8  Allen,  217,256. 
Valuation  of 
estates  once  in 
ten  years,  at 
least,  while,  etc. 
8  Allen,  247. 
126  Mass.  547. 


this  constitution  ;  and  to  impose  find  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 
inhal)itants  of,  and  persons  resident,  and  estates  lyino-, 
within  the  said  commonwealth  ;  and  also  to  impose  and 
levy  reasonable  duties  and  excises  upon  any  produce, 
goods,  wares,  merchandise,  and  commodities,  whatsoever, 
brought  into,  produced,  manufactured,  or  being  within 
the  same  ;  to  be  issued  and  disposed  of  by  warrant,  under 
the  hand  of  the  governor  of  this  commonwealth  for  the 
time  l^eing,  with  the  advice  and  consent  of  the  council, 
for  the  public  service,  in  the  necessary  defence  and  sup- 
port of  the  government  of  the  said  commonwealth,  and 
the  protection  and  preservation  of  the  sul)jects  thereof, 
according  to  such  acts  as  are  or  shall  be  in  force  within 
the  same. 

And  while  the  public  charges  of  government,  or  any 
part  thereof,  shall  be  assessed  on  polls  and  estates,  in  the 
manner  that  has  hitherto  been  practised,  in  order  that 
such  assessments  may  be  made  with  equality,  there  shall 
be  a  valuation  of  estates  within  the  commonwealth,  taken 
anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
as  the  general  court  shall  order. 

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


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


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


CHAPTEE  I. 

Section  II. 

Senate. 

Article  I.  [There  shall  l)e  annually  elected,  b}^  the 
freeholders  and  other  inhabitants  of  this  commonwealth, 
qualified  as  in  this  constitution  is  provided,  forty  persons 
to  be  councillors  and  senators  for  the  year  ensuing  their 
election  ;  to  be  chosen  by  the  inhabitants  of  the  districts 
into  which  the  commonwealth  may,  from  time  to  time,  be 
divided  by  the  general  court  for  that  purpose  :  and  the 
general  court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  by  the  pro- 
]iortion  of  the  public  taxes  paid  hy  the  said  districts  ;  and 
timely  make  known  to  the  inhabitants  of  the  common- 
Avealth  the  limits  of  each  district,  and  the  number  of  coun- 
cillors and  senators  to  be  chosen  therein  ;  provided,  that 
the  number  of  such  districts  shall  never  be  less  than  thir- 


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,  counties  to  be 

.,        ,  ,  1      11      1  •  •  districts,  until, 

until  the  general  court  shall  determme  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.] 

II.     The  senate  shall  be  the  first  branch  of  the  legisla-  Manner  nnti 
ture  ;  and  the  senators  shall  be  chosen  in  the  following  man-  eelJators  anj"'"^ 
ner,  viz,  ;  there  shall  be  a  meeting  on  the  [first  Monday  in  Time"of°ek'ciioti 
April,!  annually,  forever,  of  the  inhabitants  of  each  town  ci'^ngeciby 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  -vn.  x.,  and 
by  the  selectmen,  and  warned  in  due  course  of  law,  at  byTmtndmems, 
least  seven  days  before  the  [first  Monday  in  April,]  for  ;^8\o^cUie8,Bee 
the  purpose  of  electing  persons  to  be  senators  and  coun-  a^eiuhnents, 
cillors  ;   [and  at  such  meetings  every  male  inhabitant  of '^Iheso  pro- 

u  o  */  visions  ilS  to  lllG 

twenty-one  years  of  age  and  upwards,  having  a  freehold  quaiiHcations  of 
estate  within  the  commonwealth,  of  the  annual  income  of  eodecrbyamend- 
three  pounds,  pr  any  estate  of  the  value  of  sixty  pounds,  iTi",'xx.'aud 
shall  have  a  riijht  to  give  in  his  vote  for  the  senators  for  ^,^^^}]l:  .  , ., 

/•I'll'  'ii'  TA1  \V  ord  "inhabit- 

the  district  ot  wdiich  he  ]s  an  inhabitant.]    And  to  remove  ant"  defined. 

iiTi.  .  ,1  .  /.ji  1         -ii.,      See  also  amend- 

all  doubts  concerning  the  meaning  ot  the  word  "  inhabit-  ments.  An 

ant"  in  this  constitution,  every  person  shall  be  considered  w^nni^fed^y 

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

elected  into  any  office,  or  place  within  this  state,  in  that  i;-''^ Mass.  595, 

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

his  home. 

The  selectmen  of  the   several  towns    shall  preside  at  seie.tmento 

,  .  .  .11  Till  •!  preside  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,  uetum  of  votes. 
who  shall  make  a  fair  record,  in  presence  of  the  select- 
men, and  in  open  town  meeting,  of  the  name  of  every 
person  voted  for,  and  of  the  number  of  votes  against  his 
name  :  and  a  fair  copy  of  this  record  shall  be  attested  by  As  to  cities,  see 
the  selectmen  and  the  town  clerk,  and  shall  be  sealed  up,  An."n?^'^"  *' 
directed   to    the  secretary  of  the  commonwealth  for  the 
time  being,  with  a  superscription,  expressing  the  purport 


14  CONSTITUTION   OF   THE 

of  the  contents  thereof,  and  delivered  by  the  town  clerk 

of  such  towns,  to  the  sheriff  of  the  county  in  which  such 

Time  changed     towu  llcs,  thirtv  dtivs  at  Icast  before  [the  last  Wednesday 

to  first  Wediies-   •  •  ^  *^ 

day  of  Januaiy!  in  May]  auuuall}' ;  or  it  shall  be  delivered  into  the  secre- 
ment^Art. X.  tary's  office  seventeen  days  at  least  before  the  said  [last 
Wednesday  in  May  :J  and  the  sheriff  of  each  county  shall 
deliver  all  such  certificates  by  him  received,  into  the 
secretary's  office,  seventeen  days  before  the  said  [last 
Wednesday  in  May.] 
Inhabitants  of         j^^j    ^1^^    inhabitants    of    plantations    unincorporated, 

iiuincorporated  fn     i  !•  ••  •  -i  i  iii 

plantations,       qualified  as  this  constitution  provides,  who  are  or  shall 
taxes',' may  tote.  1)6  eiiipowcred  and  required  to  assess  taxes  upon  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 
^etitm^T         have  in  their  respective  towns  ;  and  the  plantation  meet- 
Timeofeiec-      jngs  for  that  purposc  shall  be  held  annually  Ton  the  same 

tion  changed  />  -» r         i  •        *         •  n  i  i  •  i  i 

by  amend-         first  Monday  ill  April] ,  at  such  place  in  the  plantations. 
Assessors  to*    '  rcspcctively ,  as  the  assessors  thereof  shall  direct;  which 
notify,  etc.         asscssoi's  sliall  havc  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. 
Governor  .and         jjj^     j^^jj^j  f\y^^j^  tlicre  may  be  a  duo  convention  of  sena- 

couucil  to  e\-  •/ 

araineaud count  toi's  Oil  the  [last  Wednesday  in  May]  annually,  the  irov- 

VCt68    cIUQ  issue  y»  ^   -i  •/■'O 

eummonses.       cmor  with  fivc  of  the  couucil,  for  the  time  being,  shall. 

Time  changed  i  -ji  j.  i  •/?! 

to  first  Wedn.s-  51S  sooii  as  may  be,  examine  the  returned  copies  ot  such 

byaraeudmlTnu,  I'scords  ;  and  fourtceu  days  before  the  said  day  he  shall 

Ma'om  issue  his  summons  to  such  persons  as  shall  appear  to  be 

changed  to         choscii  by  [a  majority  of J  voters,  to  attend  on  that  day, 

JiXKinu-iUB,      and  take  their  seats  accordingly:  provided,  nevertheless, 

that  for  the  first  year  the  said  returned  copies  shall  be 

examined  by  the  president  and  five  of  the  council  of  the 

former  constitution  of  government ;  and  the  said  president 

shall,  in  like  manner,  issue  his  summons  to  the  persons 

so  elected,  that  they  may  take  their  seats  as  aforesaid. 

Sudge^of  IV.     The  senate  shall  be  the  final  judge  of  the  elec- 

eiections,  etc.,    tions,  retums  and  qualifications  of  their  own  members,  as 

of  Its  own  mem-  '  -i  ' 


bars. 


COMMONWEALTH  OF  MASSACHUSETTS.  15 

pointed  out  in  the  constitution;  and  shall,  Ton  the  said  Time  changed 

7  ITT      1  1  •       nr        -I  II  11  -111  to  first  Weiliies- 

last  Wednesday  in  May]  annually,  determme  and  declare /day  of  January 
who  are  elected  by  each  district  to    be    senators  [by  a  ailx."  '"®"'®' 
majority  of  votes  ;  and  in  case  there  shall   not  appear  to  ^I'^ngeJto 
be  the  full  number  of  senators   returned    elected    by  a  ^'^endmenu 
majority  of  votes  for  any  district,  the  deficiency  shall  be  An.  xiv. 
supplied  in  the  following  manner,  viz.  ;  The  members  of 
the  house  of  representatives,   and  such  senators  as  shall 
be  declared  elected,  shall  take  the  names  of  such  persons 
as  shall  be  found  to  have  the  highest  number  of  votes 
in  such  district,  and  not  elected,  amounting  to  twice  the 
number  of  senators  wanting,  if  there  be  so  many  voted 
for ;  and  out  of  these  shall  elect  by  ballot  a  number  of  Ji^^^^*^'^^'  ^°'^ 
senators  sufficient  to  fill  up  the  vacancies  in  such  district ;  changed  to 
and  in  this  manner  all  such  vacancies  shall  be  filled  up  in  pc^op'ie?  ^ 
every  district  of  the  commonwealth  ;  and  in  like  manner  ment^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  Qualifications  of 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  propenyquaii- 
in  his  own  right  of  a  freehold,  within  this  commonwealth,  fjifJi?'' ''^°'' 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  ^"g'^t^^ft 

of  personal  estate  to  the  value  of  six  hundred  pounds  at  xiir. ' 
least,  or  of  both  to  the  amount  of  the  same  sum,  and]  who  visLnLt^o'^ 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  aL^o'amend^-''^ 
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,  Benate  not  to 
provided  such  adjournments  do  not  exceed  two  days  at  a  thinTwoTa'ys. 
time. 

VII.  The  senate  shall  choose  its  own  president,  appoint  ..  ^^•?''  '■f'^o'"', 

.  ,  ^  '      \'-  its  othcerw  and 

its    own    ofncers,    and  determine  its  own  rules   ot    pro- f^tn'i'isii  its 

,.  ■•■  rules. 

ceedmgs. 

VIII.  The  senate  shall  be  a  court  with  full  authority  .  siia'itryaii 

,i  ■,-,  .  ii«  I  Til        luipeachiueuts. 

to  hear   and   determine   all    impeachments   made  by  the 
house  of  representatives,  against  any  officer  or  officers  of 
the  commonwealth,  for  misconduct  andmal-administration 
in  their  offices.     But  previous  to  the  trial  of  every  im- 
peachment the  members  of  the  senate  shall  respectively 
be  sworn,  truly  and  impartially  to  try  and  determine  the  oath. 
charge  in  question,  according  to  evidence.     Their  judg-  Limitation  of 
ment,  however,  shall  not  extend  further  than  to  removal  ''''"'"'=''■ 
from  office  and  disqualification  to  hold  or  enjoy  any  place 


16 


CONSTITUTION  OF  THE 


Qiiomrn. 
For  further  pro- 
visions, see 
amendments, 
Art.  XXII. 


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

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


Representation 
ol:  the  people. 


Ilepresenta- 
tives,  by  whom 
chosen. 

Superseded  by 
amendments, 
Arts  XII   and 
XIII.,  whieh 
were  also 
superseded  by 
amendments, 
Art.  XXI. 
7  Mass.  iii3. 


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. 


Qualifications  of 
a  representa- 
tive. 


CHAPTEK    I. 
'  Section  III. 

House  of  Representatives. 

Article  T.  There  shall  be,  in  the  leoislature  of  this 
commonwealth,  a  representation  of  the  people,  annually 
elected,  and  founded  upon  the  principle  of  equality. 

II.  [And  in  order  to  provide  for  a  representation  of 
the  citizens  of  this  commonwealth,  founded  upon  the  prin- 
ciple of  equality,  every  corporate  town  containing  one 
hundred  and  fifty  ratable  polls  may  elect  one  represen- 
tative ;  every  corporate  town  containing  three  hundred 
and  seventy-five  ratable  polls  may  elect  two  representa- 
tives ;  every  corporate  town  containing  si.x  hundred  ratable 
polls  may  elect  three  representatives  ;  and  proceeding  in 
that  manner,  making  two  hundred  and  twenty-five  ratable 
polls  the  mean  increasing  number  for  every  additional 
representative. 

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

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

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

III.  Every  member  of  the  house  of  representatives 
shall  be  chosen  by  written  votes  ;  [and,  for  one  year  at 


COMMONWEALTH   OF   MASSACHUSETTS.  17 

least  next  precedins:  his  election,  shall  have  been  aninhab-  New  provision 

I  o  .,,',.  •!.<•  r  as  to  resideuce. 

itant  or,  and  have  been  seised  in  his  own  right  oi  a  tree-  seeameud- 
hold  of  the  value  df  one  hundred  pounds  within  the  town  xxi"'* 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  patiou/ab"?-'' 
the  value  of  two  hundred  pounds  ;  and  he  shall  cease  to  I'^entsI'An?""^' 
represent  the  said  town  immediately  on  his  ceasing  to  be  ^'ii- 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  Q|ja|iflcation8of 
ao'e,  and  resident  in  any  particular  town  in  this  common-  Tiiesepio- 

o     '  "^    ^  ,.  ,         .  visions  super- 

wealth  for  the  space  ot  one  year  next  precedmg,  having  a  eededby 

freehold  estate  within  the  said  town  of  the  annual  income  An's'liTuxx. 

of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  |ee  S'^auuud- 

shall  have  a  right  to  vote  in  the  choice  of  a  representative  1^{l^  ^\"hich 

or  representatives  for  the  said  town.]  was anmiiied  oy 

V.  [The  members  of  the  house  of  representatives  shall  p^epjeggnta- 
be  chosen  annually  in  the  month  of  May,  ten  days  at  least  ^^^^l'^^'^'^'^ 
before  the  last  AVednesdaj  of  that  month.] 

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

Art,  XV. 

YL     The  house  of  representatives  shall  bo  the  grand  ^^°7,f,^^°°S. 
inquest    of    this   commonwealth ;    and   all   impeachments 
made  hy  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  originate  in  the  house  of  Jj^°"^a'',/°  °ufy 
representatives  ;  but  tlie  senate  may  propose  or   concur  bius. 

with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power    nottoadjonm 
to  adjourn  themselves ;  provided  such  adjournment  shall  d^iys^. 

not  exceed  two  days  at  a  time. 

IX.  I  Not  less  than  sixty  members  of  the  house  of  gil^jeTscX.iby 
representatives  shall  constitute  a  quorum  for  doing  busi-  "vn.'xxi'."''' 
ness.] 

X.  The  house  of  representatives  shall  be  the  judge  of  reiui^s'l'c^c  [  ot 
the  returns,  elections,  and  qualifications  of  its  own  mem-  il^!"^^"^"^^^^,^ 
bers,  as  pointed  out  in  the  constitution  ;  shall  choose  their  its  officers  ana 
own   speaker;  appoint  their  own  officers,  and  settle  the  rules, etc 
rules  and  orders  of  proceedino-  in  their  own  house.     They  ^  may  punish 

!•  •It-  •  J-  for  certain 

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


18 


COXSTITUTIOX   OF  THE 


house,  in  his  way  in  going  or  returning;    or  who  shall 
rescue  any  person  arrested  by  the  order  of  the  house. 
Privileges  of  Aud  HO  member  of  the  house  of  repi*esentatives  shall  be 

members.  ,  iii,i-i  i-i- 

arrested,  or  held  to  bail  on  mean  process,  durmghisgomg 
unto,  returning  from,  or  his  attending  the  general  assem- 
bly. 
Senate.  XI.     Tlic  scnatc  shall  have  the  same  powers  in  the  like 

Governor  and  -i       i      11     i 

council  may       cascs  ;  aud  the  governor  and  council  shall  have  the  same 

GMcrai  limita-   authoHty  to  puuish  in  like  cases  :  provided,  that  no  impris- 

iTGray,226.      onmeiit  ou  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. 


Trial  may  be  by 
committee,  or 
otherwise. 


Governor. 


His  title. 

To  be  chosen 

annually. 

(jualitications 


Requirement  of 
religious  decla- 
lation  abolished 
by  amend- 
ments, Art. 
VII. 

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


Time  of  elec- 
tion changed  by 
amendments, 
Art.  X  ,  and 
changed  again 
by  amendments, 
An.  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  annuallj^ ;  and  no 
person  shall  be  eligible  to  this  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  com- 
monwealth for  seven  years  next  preceding  ;  and  unless  he 
shall  at  the  same  time  be  seised,  in  his  own  right,  of  a 
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  wMio  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-  ar  to  cities,  see 

„  .         ,  .  ,  .  T      1      11      •         1  ameudinente, 

ration  thereoi  ni  the  said  meeting;  and  shall,  in  the  pres-  An.ii. 

ence  of  the  inhabitants,  seal  up  coi)ies  of  the  said  list, 

attested  by  him  and  the  selectmen,  and  transmit  the  same 

to  the  sheriff  of  the  county,  thirty  days  at  least  before  the 

riast  Wednesday  in  May]  ;  and  the  sheriff  shall  transmit  Time  changed 

L  J  J  J   '  to  tirst  \\  ediies- 

the  same  to  the  secretary  s  omce,  seventeen  days  at  least  day  ot  January 
before  the  said  [last  Wednesday  in  May]  ;  or  the  select-  A^rt'.'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  l)efore  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  Wednesday  in  INIay],  to  be  by  them  Changed  to 
examined  ;  and  [in  cixse  of  an  election  by  a  majority  of  all  amendmenu, 
the  votes  returned!,  the  choice  shall  be  by  them  declared  ^"-^^v- 

1  iTiiri'/>  1111  ••  /•  How  chosen, 

and  published  ;  [but  it  no  person  shall  have  a  majority  ot  when  no  person 
votes,  the  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  gmer'no^and 
councillors  of  this  commonwealth  for  the  time  being  ;  and  '=°"""'- 
the  governor  with  the  said  councillors,  or  five  of  them  at 

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

V.  The  governor,  with  advice  of  council,  shall  have  May  adjourn  or 
full  power  and  authority,  during  the  session  of  the  gen-  generai'comt 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  ana°on?enr' 
the  two  houses  shall  desire  ;  [and  to  dissolve  the  same  on  the  same. 

IT  i  T  11  TTT      1  ^  '        -\  T  1      -As  to  dissolu- 

the  day  next  preceding  the  last  W  ednesday  in  May  ;  and,  tion.seeam-nd 
in  the  recess  of  the  said  court,  to  prorogue  the  same  from  ""^^  »>  '  •  • 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess  ;] 
and  to  call  it  together  sooner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  com- 
monwealth shall  require  the  same  ;  and  in  case  of  any 
infectious  distemper  prevailing  in  the  place  where  the  said 


20 


CONSTITUTION  OF  THE 


As  to  dissolu- 
tion, see  amend- 
meuts,  Art.  X. 

Governor  and 
council  may 
adjourn  the  gen- 
eral court  in 
cases,  etc.,  but 
not  exceedin;^ 
ninety  days. 


Governor  to  be 
comraander-in- 

chiet'. 


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

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

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

VII.  The  governor  of  this  commonwealth,  for  the  time 
being,  shall  be  the  commander-in-chief  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  by  sea 
and  land ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy  ;  and,  for  the  special  defence  and  safety  of  the 
conunonwealth,  to  assemble  in  martial  array,  and  put  in 
w^arlike  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  whatsoever,  all  and  every  such 
person  or  persons,  with  their  ships,  arms,  ammunition, 
and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoAang  this  com- 
monwealth ;  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  offices  of  cap- 
tain-general and  commander-in-chief,  and  admiral,  to  l3c 
exercised  agreeably  to  the  rules  and  regulations  of  the 
constitution,  and  the  laws  of  the  land,  and  not  other- 
wise. 


COMMONWEALTH   OF   MASSACHUSETTS.  21 

Provided,  that  the  said  governor  shall  not,  at  any  time  Limitation. 
hereafter,  by  virtue  of  any  power  l)y  this  constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legis- 
hiture,  transport  any  of  the  inhabitants  of  this  common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  Avater,  for  the 
defence  of  such  part  of  the  state  to  which  they  cannot 
otherwise  conveniently  have  access. 

VIII.  The  power  of  pardoning  otfences,  except  such  fount^iiT"'' 
as  persons  may  be   convicted  of  b(;fore  the  senate  by  an  pardon  offences, 

cxct^Ut   etc 

impeachment  of  the  house,  shall  be  in  the  governor,  l)y 
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,  Butnotiicfore 
notwithstanding  any  general  or  particular  expressions  con-  lo" mubs.°u23. 
tained  therein,  descriptive  of  the  offence  or  offences  in- 
tended to  be  pardoned. 

IX.  All  judicial  officers,    [the  attorney-general,]   the  Judicial  ofn- 
solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  norainatea  and 
probate,]  shall  bo  nominated  and  appointed  by  the  gov-  Fon'"ovk' ons 
ernor,  by  and  with  the  advice  and  consent  of  the  council  ;  o^-iuomey°'' 
and  every  such  nomination  shall  be  made  by  the  o-overnor,  genemi,  gee 

•^  ^  .  ,*^.~  amendments, 

and  made  at  least  seven  days  prior  to  such  appomtment,     An.xvn. 

For  provision  as  to  election  of  sheriffs,  registers  of  probate,  etc.,  see  amendments,  Art. 
XIX.     For  provision  as  to  appointment  of  notaries  public,  see  amendments,  Art.  IV. 

X.  The  captains  and  subalterns  of  the  militia  shall  be  Miiitia  officers, 
elected  by  the  written  votes  of  the  train-band  and  alarm  LZirat^ioii  of 
list  of  their  respective  companies,  [of  twenty-one  years  byVmend'-""' 
of  age  and  upwards  ;]  the  held  officers  of  regiments  shall  tneniB,  An.v. 
be  elected  by  the  written  votes  of  the  captains  and  subal- 
terns of  their  respective  regiments  ;  the  brigadiers  shall  be 
elected,  in  like  manner,  by  the  field  officers  of  their  respec- 
tive brigades  ;  and  such  officers,  so  elected,  shall  be  com-  now  commis- 
missioned  by  the  governor,  who  shall  determine  their  rank. 

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

The  major-generals  shall  be  appointed  by  the  senate  and  how^aifpoimed' 
house  of  representatives,  each  having  a  negative  upon  the  i^'-Jj'^ej'"""'*' 
other ;  and  be  commissioned  by  the  governor. 

For  provisions  as  to  appointment  o£  a  commissary-general,  see  amendments.  Art.  rV. 

And  if  the  electors  of  brigadiers,  field  officers,  captains  vacancies, iiow 
or  subalterns,  shall  neglect  or  refuse  to  make  such  elec-  etc!  ' '"  ^'**^' 


22 


COXSTITUTIOX  OF  THE 


Oflicers  duly 
cominiwsioiieil, 
liow  removed. 
Superseded  by 
arneudmeuts, 
Art.  IV. 


Adjutants,  etc., 
how  appointed. 


Army  oflicers, 
how  appoiutod. 


Ortfanizatioii  of 
iniiitia. 


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


All  public 
boards,  etc.,  lo 
make  quarterly 
roturns. 


tions,  after  being  duly  notified,  according  to  the  laws  for 
the  time  being,  then  the  governor,  with  advice  of  council, 
shall  appoint  suitable  persons  to  fill  such  oflSces. 

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

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

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

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

XI.  No  moneys  shall  be  issued  out  of  the  treasury  of 
this  commonwealth,  and  disposed  of  (except  such  sums  as 
may  l)e  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  being,  with  the  advice  and  consent  of  the 
council,  for  the  necessary  defence  and  support  of  the  com- 
monwealth ;  and  for  the  protection  and  preservation  of 
the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves 
of  the  general  court. 

XII.  All  public  boards,  the  commissary-general,  all 
superintending  officers  of  public  magazines  and  stores, 
belonging  to  this  commonwealth,  and  all  commanding 
officers  of  forts  and  garrisons  within  the  same,  shall  once 
in  every  three  months,  officially,  and  without  requisition, 
and  at  other  times,  when  required  by  the  governor,  deliver 
to  him  an  account  of  all  goods,  stores,  provisions,  ammu- 
nition, cannon  with  their  appendages,  and  small  arms 
with  their  accoutrements,  and  of  all  other  pu])lic  property 
whatever  under  their  care  respectively  ;  distinguishing  the 
quantity,  number,  quality  and  kind  of  each,  as  particu- 
larly as  may  be  ;  together  with  the  condition  of  such  forts 
and  ji'arrisons  ;  and  the  said  commaudin^:  officer  shall  ex- 


COMMONWEALTH   OF   MASSACHUSETTS.  23 

hibit  to  the  Governor,  when  required  by  him,  true  and 
exact  })lans  of  such  forts,  and  of  the  land  and  sea  or  har- 
bor or  harbors,  adjacent. 

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

XIH.  As  the  public  good  requires  that  the  governor  Salary  of 
should  not  be  under  the  undue  influence  of  any  of  the  ^°^'^°°''* 
members  of  the  general  court  by  a  dependence  on  them 
for  his  su|)port,  that  he  should  in  all  cases  act  with  free- 
dom for  the  benefit  of  the  pul)lic,  that  he  should  not  have 
his  attention  necessarily  diverted  from  that  object  to  his 
private  concerns,  and  that  he  should  maintain  the  dignity 
of  the  commonwealth  in  the  character  of  its  chief  magis- 
trate, it  is  necessary  that  he  should  have  an  honorable 
stated  salary,  of  a  fixed  and  permanent  value,  amply  suffi- 
cient for  those  purposes,  and  estaV)lished  l)y  standing  laws  : 
and  it  shall  ])e  among  the  first  acts  of  the  general  court, 
after  the  commencement  of  this  constitution,  to  establish 
such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  cstab-  ^"|ii'^f„^,p|.^.fue 
lished  by  law  for  the  justices  of  the  supreme  judicial  court,  judical  coun. 

And  if  it  shall  be  found  that  any  of  the  salaries  afore-  Saiaiicstobe 
said,  so  established,  are  insufiicient,  they  shall,  from  time  InUltifckiu. 
to  time,  be  enlarged,  as  the  general    court   shall  judge 
proper. 

CHAPTER    II. 

Sectiox  II. 
Lieuteuant-Gover)ior. 

Article  I.     There  shall  be  annually  elected  a  lieuten-  Liemonant- 
ant-governor   of    the    commonwealth    of    Massachusetts,  fuiVami'qiMHn. 
whose   title    shall    be  —  His    Honor;   and  who  shall  be  ^.eJj",\'^em?m of 
qualified,  in  point  of  [religion,]  property,  and  residence  •';j[!'^f,''}j;'|,\"J' "^ 
in  the  commonwealth,  in  the  same  manner  with  the  gov-  chn-iian 

,,-,  '  f    ^   •  \  •  11         roliKKiii  was 

ernor ;  and  the  day  and  manner  or  his  election,  and  the  aboiisiua  ly 

qualifications  of  the    electors,   shall   be  the  same  as  are  Art!"viL" "' 

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  nowcboscn. 

be  found  to  have  a  majority  of  all  the  votes  returned,  the  Eicciion  by 

vacancy  shall  be  tilled  by  the  senate  and  house   of  repre- 


24 


COXSTLTUTIOX   OF   THE 


sentatives,  in  the  same  manner  as  the  governor  is  to  be 
elected,  in  case  no  one  person  shall  have  a  majority  of  the 
votes  of  the  people  to  be  governor.] 

II.  The  governor,  and  in  his  absence  the  lieutenant- 
governor,  shall  be  president  of  the  council,  but  shall  have 
no  vote  in  council  ;  and  the  lieutentant-governor  shall 
always  be  a  member  of  the  council,  except  when  the  chair 
of  the  governor  shall  be  vacant. 
Lieutenant-  jjj"  Wheucver   the    chalr   of  the    o;overnor  shall    be 

governor  lo  be  _  & 

aciinit  governor,  vacant,  l)v^  rcasou  of  his  death,  or  absence  from  the  com- 
monwealth,  or  otherwise,  the  lieutenant-governor,  for  the 
time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incumbent  upon  the  governor,  and  shall  have  and 
exercise  all  the  powers  and  authorities,  which  by  this 
constitution  the  governor  is  vested  with,  when  personally 
present. 


vided  for  by 
ameiifliuents, 
Art.  XI v. 


President  of 
council, 
l^ieuteiiant- 
governor  a 
member  of, 
except,  etc. 


in  case,  etc. 


Council. 
Number  of 
councillors 
changed  lo 
eight. 

See  amend- 
ments, Art. 
XVI. 


Knniher;  from 
whom,  and  how 
chosen 
Modilied  by 
amendm.ents, 
Arts.  X  and 

xni. 

Superseded  by 
amendments, 
Art.  XVI. 


If  senators  be- 
come council- 
lors, their  Seats 
lo  be  vacated. 


CHAPTER    II. 

Section  III. 

Council,  and  the  Manner  of  settling  Elections  hj  the  Legis- 
lature. 

Article  I.  There  shall  be  a  council  for  advising  the 
governor  in  the  executive  part  of  the  government,  to 
consist  of  [nine]  persons  besides  the  lieutenant-governor, 
whom  the  governor,  for  the  time  being,  shall  have  full 
power  and  authority,  from  time  to  time,  at  his  discretion, 
to  asseml^le  and  call  together  ;  and  the  governor,  with  the 
said  councillors,  or  five  of  them  at  least,  shall  and  may, 
from  time  to  time,  hold  and  keep  a  council,  for  the  order- 
ing and  directing  the  affairs  of  the  commonwealth,  accord- 
ing to  the  laws  of  the  land. 

II.  [Nine  councillors  shall  be  annually  chosen  from 
among  the  persons  returned  for  councillors  and  senators, 
on  the  last  Wednesday  in  May,  by  the  joint  ballot  of 
the  senators  and  representatives  assembled  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  whole  number  of  nine  persons  who  will  accept  a  seat 
in  the  council,  the  deficiency  shall  be  made  up  by  the 
electors  aforesaid  from  among  the  people  at  large ;  and 
the  number  of  senators  left  shall  constitute  the  senate 
for  the  year.  The  seats  of  the  persons  thus  elected  from 
the  senate,  and  accepting  the  trust,  shall  1)3  vacated  in  the 
senate.] 


COMMONWEALTH   OF  MASSACHUSETTS.  25 

in.     The  councillors,  in  the  civil  arrangements  of  the  Uankof 
commonwealth,  shall  have  rank  next  after  the  lieutenant-  '="""<="'°>"s- 
governor. 

IV.  [Not  more  than  two  councillors  shall  be  chosen  No  iiist.ict  lo 
out  of  any  one  district  of  this  commonwealth.]  iiave  more  ihiui 

Superseded  by  amendments,  Art.  XVI. 

V.  The  resolutions  and  advice  of  the  council  shall  be  ueKiMerof 
recorded  in  a  register,  and  signed  by  the  members  present ;  ''"""''''• 
and  this  record   may  be   called  for  at  any  time  by  either 

house  of  the  legislature  ;  and  any  member  of  the  council 
may  insert  his  opinion,  contrary  to  the  resolution  of  the 
majority. 

VI.  Whenever  the  office  of  the  governor  and  lieuten-  council  to  cxcr- 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  of%\lenioMu 
or  otherwise,  then  the  council,  or  the  major  part  of  them,  ♦^'i*^.  "-i^^ 
shall,  during  such  vacancy,  have  full  power  and  authority 

to  do,  and  execute,  all  and  every  such  acts,  matters,  and 
things,  as  the  governor  or  the  lieutenant-governor  might 
or  could,  by  virtue  of  this  constitution,  do  or  execute,  if 
they,  or  either  of  them,  were  personally  present. 

VII.  [And  whereas  the  elections  ap})ointed  to  be  made,  Kieciion«  may 
by  this  constitution,  on  the  last  "W^ednesday  in  May  annu-  unaf/et"!'"' 
ally,  by  the   two   houses   of  the  legislature,   may  not  bo 
completed  on  that  day,  the  said  elections  maybe  adjourned 
from  day  to  day  until  the  same  shall  be  completed.     And 
the  order  of  elections  shall  be  as  follows  :  the  vacancies  in  amendmeinH 
the  senate,  if  any,  shall  first  be  filled  up ;  the  governor  xxv.' 
and  lieutenant-governor   shall  then  be  elected,   })rovided 

there  should  be  no  choice  of  them  by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  the  election  of 
the  council.] 


Order  Ihcrodf. 
Supersedeil  liy 


CHAPTER    II. 
Section  IV. 

Secretary,  Treasurer ,  Commissary ,  etc. 

Article  I.      [The  secretary,  treasurer,  and   receiver- secretary, oio., 
general,  and  the  commissary-general,  notaries  i)ublic,  and]  llow'^chom-nl'* 
naval  officers,  shall  be  chosen  annually,  by  joint  ballot  of  t^'^^iJ^^'^j'^^f^"''* 
the  senators  and  representatives  in  one  room.     And,  that  s^cretarv.  troas 

,  1  .    .  £•      1  ■  1  'i  1      /•  <n-er,  and  re 

the  citizens  ot  this  commonwealth  may  be  assured,  irom  eeivcr-generai. 
time  to  time,  that  the  moneys  remaining  in  the  public  at'torn'ey  si'n ' " 
treasury,  upon  the  settlement  and  liquidation  of  the  pub-  nu'turArt'!^"'' 
lie  accounts,  are  their  property,  no  man  shall  l)e  eligible  ^^'^^- 


26 


CONSTITUTION   OF   THE 


Treasurer  in 
eligible  for  more 
Ihuii  liv(;  sue 
ceBsive  years. 

Secretary  to 
keep  reconis ; 
to  attend  the 
governor  and 
couucil,  etc. 


as  treasurer  and  receiver-general  more  than  live  years  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  kept  in 
the  office  of  the  secretary,  who  may  appoint  his  deputies, 
for  whose  conduct  he  shall  he  accounta])le  ;  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 
coniinissioucd 
oUicers  to  be 
expressed 
Judicial  olUcers 
to  hold  office 
during  good 
behavior,  ex- 
cept, etc. 
But  may  bo 
removeu  on 
address. 


Justices  of  su- 
preme judicial 
court  to  gixc 
opinions  when 
required. 
VIZ  Mass.  600. 
126  Mass.  &o7, 
561. 

Justices  of  the 
peace;  tenure 
of  their  office. 
3  Cush.  OS-l. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


CHAPTER    III. 

JUDICIARY    POWER. 

Article  I.  The  tenure,  that  all  commission  officers 
shall  by  law  have  in  their  offices,  shall  be  expressed  in 
their  respective  commissions.  All  judicial  officers,  duly 
appointed,  commissioned,  and  sworn,  shall  hold  their  offices 
during  good  behavior,  excepting  such  concerning  whom 
there  is  different  provision  made  in  this  constitution  : 
provided,  nevertheless,  the  governor,  Avith  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  alimon3s  and  ..°*' ""^^'^l^-,. 
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.  laJM^s.  327. 

116  Mass.  317. 


CHAPTER    ly. 

DELEGATES    TO    CONGRESS. 

[The  delegates  of  this  commonwealth  to  the  congress  of  Deieifaiee  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.] 


CHAPTER    V. 

THE   UNIVERSITY  AT  CAMBRIDGE    AND    ENCOURAGEMENT    OF 
LITERATURE,  ETC. 

Section  I. 
The   University. 

Article  I.     "Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  ^'°"'^s''- 
laid  the  foundation  of  Harvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  by  the  blessing 
of  God,  been  initiated  in  those  arts  and  sciences  which 
qualified  them  for  pul)lic  employments,  both   in   church 
and  state ;    and  whereas  the  encouragement  of  arts  and 
sciences,  and  all  good  literature,  tends   to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that   the  President  and  Fellows  of  rowers,  pnvi- 
Harvard   College,    in  t[ieir    corporate    capacity,    and  {hrpresuient 
their  successors  in  that  capacity,  their  officers  and  ser-  eou/rrael*' 
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 
hereby  ratified  and  confirmed  unto  them,  the  said  presi- 
dent and  fellows  of  Harvard  College,  and  to  their  suc- 
cessors, and  to  their  officers  and  servants,  respectively, 
forever. 

II.  And  whereas  there  have  been  at  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  Caml^ridge,  in 
New  England,  or  to  the  president  and  fellows  of  Harvard 
College,  or  to  the  said  college  by  some  other  description, 
under  several  charters,  successively  ;  it  is  declared,  that 

All  gifts,  giants,  n\\  h^q  said  ffifts,  o;i-ants,  devises,  legacies,  and  convey- 

etf.,  confirmed.  i  t         r  n  i  ^     \\  •  i        i. 

ances,  are  hereby  torever  connrmed  unto  the  president 
and  fellows  of  Ilarvard  College,  and  to  their  successors 
in  the  capacity  aforesaid,  according  to  the  true  intent  and 
meaning  of  the  donor  or  donors,  grantor  or  grantors, 
devisor  or  devisors. 

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

whoshaiibe     ascertain  who  shall  be  deemed  successors  to  the  said  gov- 
ernor, deputy-governor,  and  magistrates  ;  it  is  declared, 
1851,^224"'''*'      that  the  governor,  lieutenant-governor,  council,  and  senate 
isofl'lL  °^  ^^^'^^  commonwealth,  are,  and  shall  l)e  deemed,  their 

1865;  173.  successors,  who,  w^ith  the  iiresident  of  Ilarvard  Colleo;e, 

1330   63  .  .  o     ' 

'    '  for  the  time  being,  together  with  the  ministers  of  the  con- 

gregational churches  in  the  towns  of  Cambridge,  Water- 
town,  Charlestown,  Boston,  Roxbury,  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  Ilarvard  College ; 
Power  of  altera  provided,  that  Dothiug  herciu  shall  be  construed  to  pre- 
the  legislature,  vciit  the  legislature  01  this  commonwealth  from  makmg 
such  alterations  in  the  government  of  the  said  university, 
as  shall  be  conducive  to  its  advantage,  and  the  interest 
of  the  republic  of  letters,  in  'as  full  a  manner  as  might 
have  been  done  by  the  legislature  of  the  late  Province  of 
the  Massachusetts  Bay. 


COMMONWEALTH   OF  MASSACHUSETTS.  29 

CHAPTER    V. 

Section  H. 

TJie  Encouragement  of  Literature^  etc. 

"Wisdom  and  knowledge,  as  well  as  virtue,  diffused  gen-  Duty  of  leerisia. 

erally  among  the  body  of  the  peo})le,  being  necessary  for  tuiesandmagis- 

the  preservation  of  their  rights  and  liberties;  and  as  these  future  periods. 

depend  on  spreading  the  opportunities  and  advantages  of  viBLn^'asTo'""' 

education  in  the  various  parts  of  the  country,  and  among  soo^'^mcncl°°'*'' 

the  different  orders  of  the  people,  it  shall  be  the  duty  of  ^^l'/*-^'^'- 

leo;islatures  and  magistrates,  in  all  future  periods  of  this  r2Aiien,5oo- 

~  ~       ,  .  '  .  5113. 

commonwealth,  to  cherish  the  interests  of  literature  and  looMass. 94, 97. 

the  sciences,  and  all  seminaries  of  them  ;  especially  the 
university  at  Cambridge,  })ublic  schools  and  grammar 
schools  in  the  towns  ;  to  encourage  private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country  ;  to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  frugality,  honesty  and  punctuality  in  their  dealings  ; 
sincerity,  good  humor,  and  all  social  affections,  and  gen- 
erous sentiments,  among  the  people. 


CHAPTER  VI. 

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

Article  I.      [Any  person  chosen  governor,  lieutenant-  Oatiis.  etc 
governor,  councillor,  senator,  or  representative,  and  accept- 
ing the  trust,  shall,  before  he  })roceed  to  execute  the  duties 
of  his  })lace  or  office,  make  and  subscribe  the  following 
declaration,  viz.  : 

"  I,  A.  B.,  do  declare,  that  I  believe  the  Christian  reli-  ^n'^ei?d|j|;''ntBf''° 
gion,  and  have  a  firm  persuasion  of  its  truth  ;  and  that  I  Art.  vii. 
am  seised  and  possessed,  in  my  own  right,  of  the  property 
required  by  the  constitution,  as  one  qualification  for  the 
office  or  place  to  which  I  am  elected." 

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


30 


CONSTITUTION  OF  THE 


Declaration  and 
oalhs  of  all 
officers. 


For  new  oath 
of  allegiance, 
see  aniend- 
uieuls,  Art.  VI. 


ence  of  the  two  houses  of  {issembly  ;  and  the  senators  and 
representatives,  first  elected  under  this  constitution,  before 
the  president  and  five  of  the  council  of  the  former  consti- 
tution ;  and  forever  afterwards  before  the  governor  and 
council  for  the  time  being.] 

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

["  I,  A .  B. ,  do  truly  and  sincerely  acknowledge,  profess, 
testify,  and  declare,  that  the  Commonwealth  of  Massachu- 
setts is,  and  of  right  ought  to  be,  a  free,  sovereign,  and 
independent  state  ;  and  I  do  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  said  commonwealth,  and  that  I 
will  defend  the  same  against  traitorous  conspiracies  and  all 
hostile  attempts  whatsoever  ;  and  that  I  do  renounce  and 
al)jure  all  allegiance,  sul)jection,  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  conniionwealth,  ex- 
cept the  authority  and  power  which  is  or  may  be  vested 
l)y  their  constituents  in  the  congress  of  the  United  States  : 
and  I  do  further  testify  and  declare,  that  no  man  or  body 
of  men  hath  or  can  have  any  right  to  absolve  or  discharge 
me  from  the  obligation  of  this  oath,  declaration,  or  affir- 
mation ;  and  that  I  do  make  this  acknowledgment,  pro- 
fession, testimony,  declaration,  denial,  renunciation,  and 
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."] 

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

the  best  of  my  abilities  and  understanding,  agreeal)ly  to 
the  i-ules  and  regulations  of  the  constitution  and  the  laws 
of  the  commonwealth.     So  help  me,  God." 
seramend.  Provldcd,  always,  that  when  any  person  chosen  or  ap- 

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


Oath  of  office. 


COMMOXWEALTH   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 
siceaj-,"  "  and  abjure  "  "  oa(h  or,''  "  and  abjurcdiou  "  m  the 
first  oath,  and  in  the  second  oath,  the  words]  '■'■  sivear 
and"  and  [in  each  of  them]  the  words  "  So  help  me, 
God  ;  "  subjoining  instead  thereof,  "  TJiis  I  do  under  the 
pains  and  j)enaJiies  of  perjury  ^ 

And  the  said  oaths  or  affirmations  shall  be  taken  and  .^^^rmiruons 
subscribed  l)y  the  jxovernor,  lieutenant-f>:overnor,  and  coun-  how  adminis- 
cillors,  before  the  president  of  the  senate,  in  the  presence 
of  the  two  houses  of  assembly  ;  and  by  the  senators  and 
representatives  iirst  elected  under  this  constitution,  before 
the  president  and  five  of  the  council  of  the  former  consti- 
tution ;  and  forever  afterwards  before  the  governor  and 
council  for  the  time  being;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  persons  and  in  such  manner 
as  from  time  to  time  shall  be  prescribed  by  the  legislature. 

II.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  ed'togo'cruor,' 
luider  the  authority  of  this  commonwealth,  except  such  as  llfe'amend-'''"'" 
by  this  constitution  they  are  admitted  to  hold,  saving  that  mpnu,  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  i)erson  shall  l)e  ca])able  of  holdino;  or  exercisins;  at  Saraeeubject. 

^  .  .    1   •  1   •  1  P   1        1  Allen,  5o3. 

the  same  time,  wntliui  this  state,  more  than  one  ot  the 
following  offices,  viz.  :  judge  of  probate  —  sheriff — regis- 
ter of  probate  —  or  register  of  deeds  ;  and  never  more 
than  any  two  offices,  which  are  to  bo  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  ])e  held  by  one  person. 

No  person  holding  the  office  of  judge  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney-general  —  solicitor-  For'^fuither  pro- 
general  —  treasurer  or  receiver-general  — judge  of  probate  i,',co°mpaUb°o 

—  commissary-oeneral — r])resident,  professor,  or  instruct-  oiiiees,  see 
or  of  Harvard  Colleire]  — sheriff — clerk  of  the  house  of  ah.  vni. 

•■^     J  ( )llic6rB  of  HW" 

representatives  —  register  of  probate  —  register  of  deeds  vard  (^'oiiege 

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


32 


CONSTITUTIOX   OF   THE 


Incompatible 
ollices. 


Bribery,  etc., 
disqualify. 


Value  of  money 
ascertiiiued. 


Property  quali- 
ficaliouH  may 
be  increased. 
See  amend- 
ments, Art. 
XIU. 


Provisions 
respecting 
commissions. 


Provisions  re- 
spectiiiif  writs. 

2  PicU.oOi;. 

3  Met.  68. 
lo  Gray,  74, 


Continuation  of 
former  laws, 
except,  etc. 

1  Mass.  59. 

2  Mass.  f)34. 

8  Pick.  309.  31 G. 
16  Pick.  107,115. 
2  Met.  118. 


Benefit  of 
liubea>>  curpiix 
secured,  excejil, 
etc. 


same  time  have  a  scat  in  tlie  senate  or  house  of  represen- 
tatives ;  but  their  beini^  chosen  or  appointed  to,  and  accept- 
ing the  same,  shall  o])erate  as  a  resignation  of  their  seat  in 
the  senate  or  house  of  representatives ;  and  the  place  so 
vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of 
the  said  supreme  judicial  court,  or  judge  of  probate,  shall 
accept  a  seat  in  council ;  or  any  councillor  shall  accept  of 
either  of  those  offices  or  places. 

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in 
the  legislature,  or  any  office  of  trust  or  importance  under 
the  government  of  this  commonwealth,  who  shall,  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or 
corruption  in  obtaining  an  election  or  appointment. 

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

IV.  All  commissions  shall  be  in  the  name  of  the 
Commonwealth  of  Massachusetts,  signed  by  the  governor 
and  attested  by  the  secretary  or  his  deputy,  and  have  the 
great  seal  of  the  commonwealth  affixed  thereto. 

V.  All  writs,  issuing  out  of  the  clerk's  office  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Conimon- 
Avealth  of  Massachusetts  ;  they  shall  be  under  the  seal  of 
the  court  from  whence  they  issue  ;  they  shall  bear  test  of 
the  first  justice  of  the  court  to  which  they  shall  be  returna- 
ble, who  is  not  a  party,  and  be  signed  by  the  clerk  of  such 
court. 

VI.  All  the  laws  Avhich  have  heretofore  been  adopted, 
used,  and  approved  in  the  Province,  Colony,  or  State  of 
jSIassachusetts  Bay,  and  usually  practised  on  in  the  courts 
of  law,  shall  still  remain  and  be  in  full  force,  until  altered 
or  repealed  by  the  legislature  ;  such  parts  only  excepted 
as  are  repugnant  to  the  rights  and  liberties  contained  in 
this  constitution. 

VII.  The  privilege  and  benefit  of  the  writ  of  Jiabeas 
corpus  shall  be  enjoyed  in  this  conmion wealth,  in  the  most 
free,  easy,  cheap,  exi)editious,  and  ample  manner;  and 
shall  not  be  suspendecl  ])y  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  cxceedin'jf  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33 

Vni.     The  enacting  style,  in  making  and  passing  all  Jj*!^g*"=*'="°s 
acts,  statutes,  and  laws,  shall  be —  "  Be  it  enacted  by  the 
Senate  and  House  of  Representatives,  in  General  Court 
assembled,  and  by  the  authority  of  the  same." 

IX.  To  the  end  there  may  be  no  failure  of  justice,  or  omccisof 
danger  arise  to  the  commonweaUh  from  a  change  of  the  melu^'con'tJnued 
form  of  government,  all  officers,  civil  and  military,  hold-  "°'''' •-''*=• 
ing  commissions  under   the   government   and   people    of 
Massachusetts  Bay  in  New  England,  and  all  other  officers 

of  the  said  government  and  people,  at  the  time  this  con- 
stitution shall  take  effect,  shall  have,  hold,  use,  exercise, 
and  enjoy,  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  bo  appointed  in 
tlieir  stead ;  and  all  courts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments,  and  authority ; 
until  the  general  court,  and  the  supreme  and  executive 
officers  under  this  constitution,  are  designated  and  in- 
vested with  their  respective  trusts,  powers,  and  authority. 

X.  I  In  order  the  more  effectually  to  adhere  to  the  riov|Bion  for 
principles  of  the  constitution,  and  to  correct  those  viola-  smmk>?) *'°°' 
tions  which  by  any  means  may  l)e  made  therein,  as  well  provision "» to 
as  to  form  such  alterations  as  from  experience  shall    l)e  ^""endments, 

I  .  Bee  ameiid- 

found  necessary,  the  general  court  which  shall  be  in  the  ments,  ah.  ix 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
five,  shall  issue  precepts  to  the  selectmen  of  the  several 
towns,  and  to  the  assessors  of  the  unincorporated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  purpose  of 
collecting  their  sentiments  on  the  necessity  or  expediency 
of  revising  the  constitution,  in  order  to  amendments. 

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

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


34 


CONSTITUTION   OF  THE 


Provis-iOn  for 
preserving  and 
pulilishing  tbia 
constitution. 


XI.  This  foi'iii  of  government  shall  bo  enrolled  on 
parchment,  and  deposited  in  the  secretary's  office,  and  be 
a  part  of  the  laws  of  the  land ;  and  printed  copies  thereof 
shall  1)0  prefixed  to  the  book  containing  the  laws  of  this 
commonwealth,  in  all  future  editions  of  the  said  laws. 


Bill,  etc.,  not 
approved  within 
five  duy8,  not  to 
become  a  law, 
if  legislature 
adjourn  iu  the 
mean  lime. 
r?  >fass.  .56" 
See  Const.,  Ch. 
1.,  §  1,  Art.  II. 


General  court 
empowered  to 
charter  cities. 
12i  Mass.  36-1. 


Proviso. 

112  Mass.  200. 


Qualifications  of 
voters  tor  gov- 
ernor, lieuten- 
ant governor, 
senators  and 
representatives. 
11  Pick.  538,  i;40. 
14  Pick.  .341. 
14  Mass.  3fi7. 
5  Met.  162,  293, 
591,694. 
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  by  the  governor ;  and  if  the  general 
court  shall  adjourn  within  live  days  after  the  same  .^hall 
have  been  laid  before  the  governor  for  his  approbation, 
and  thereby  prevent  his  returning  it  with  his  objections, 
as  provided  by  the  constitution,  such  bill  or  resolve  shall 
not  l)ecome  a  law,  nor  have  force  as  such. 

Art.  II.  The  general  court  shall  have  full  power  and 
authority  to  erect  and  constitute  municipal  or  city  gov- 
ernments, in  any  corfjorate  town  or  towns  in  this  com- 
monwealth, and  to  grant  to  the  inha])itants  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 
constituted  in  any  town  not  containing  twelve  thousand 
inhabitants,  nor  unless  it  be  with  the  consent,  and  on  the 
application  of  a  majority  of  the  inhabitants  of  such  town, 
present  and  voting  thereon,  pursuant  to  a  vote  at  a  meet- 
ing duly  warned  and  liolden  for  that  purpose.  And  pro- 
vided, also,  that  all  by-laws,  made  by  such  municipal  or 
city  government,  shall  be  subject,  at  all  times,  to  be  an- 
nulled by  the  general  court. 

Art.  III.  Every  male  citizen  of  twenty-one  years  of 
age  and  upwards,  excepting  paupers  and  persons  under 
guardianship,  who  shall  have  resided  within  the  common- 
wealth one  year,  and  Avithin  the  town  or  district  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  commonweakh ;  and  also  every  citizen  see\mend°"'^ 
who  shall  be,  l)y  law,  exempted  from  taxation,  and  who  yo^pr'ovi'sioafs 
shall  be,  in  all  other  respects,  qualified  as  above  mentioned,  !''  ^^°^^  ^^''°. 

i  .     1  .  .  '   iKive  served  la 

shall  have  a  right  to  vote  m  such  election  ot  governor,  the  army  or 
lieutenant-governor,  senators,  and  representatives  ;  and  no  wur,  seo  ameud- 
othcr  person  shall  be  entitled  to  vote  in  such  elections.        xxviii/ ' 

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

Art.  IV.     Notaries  pul)lic  shall  be  appointed  by  the  Notaries  public, 

ji  „  •      T    •    I        ji2  Jiow  appointed 

governor  in  the  same  manner  as  judicial  othcers  are  ap- and  removed. 
pointed,  and  shall  hold  their  oiBces  during  seven  years, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the 
legislature. 

[In  case  the  office  of  secretary  or  treasurer  of  the  com-  v.-icancies  in  the 
monwealth  shall  become  vacant  from  any  cause,  during  ulry  mld^rea8^-' 
the  recess  of  the  general  court,  the  governor,  with  the  This  clause "^'^' 
advice  and  consent  of  the   council,   shall    nominate    and  *'"P<""f''''''^y 

.  -Ill         amendments, 

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

Whenever  the  exigencies  of  the  commonwealth   shall  Sf^^'iTJJVo 

CT'  ^ailxii  til   mSiy    DC 

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

Akt.  V.     In  the  elections  of  captains  and  subalterns  who  may  vote 
of  the  militia,  all  the  members  of  their  respective  compa-  f ubafterus".* ''"'' 
nies,  as  well  those  under  as  those  above  the  age  of  twenty- 
one  years,  shall  have  a  right  to  vote. 

Art.  VI.     Instead  of  the  oath  of  allegiance  prescribed  by'l'ii^otn^rs''" 
by  the  constitution,  the  followimj;  oath  shall  be  taken  and  f^v*^ const., 
subscribed  by  every  person  chosen  or  appointed  to  any 
office,  civil  or  military,  under   the   government   of  this 
commonwealth,  before  he  shall  enter  on  the  duties  of  his 
office,  to  wit :  — 

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

Provided,  That  when  any  person  shall  be  of  the  denomi-  ['"•oviso.  Qua- 
nation  called  Quakers,  and  shall  decline  taking  said  oath,    '^'^™''^''  '™" 


36 


CONSTITUTION  OF  THE 


Tests  abolished. 


Incompatibility 

of  offices. 

12-i  Mass.  445, 

600. 

123  Mass.  535. 


Amendments  to 
coustitution, 
how  made. 


he  shall  make  his  affirmation  in  the  foregoin<j  form,  omit^ 
ting  the  word  "  swear"  and  inserting,  instead  thereof,  the 
word  "affirm,"  and  omitting  the  words  "  So  help  me,  God," 
and  subjoining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 

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

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

Art.  IX.  If,  at  any  time  hereafter,  any  specific  and 
particular  amendment  or  amendments  to  the  constitution 
be  proposed  in  the  general  court,  and  agreed  to  hy  a  ma- 
jority of  the  senators  and  two-thirds  of  the  members  of 
the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered 
on  the  journals  of  the  two  houses,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  general  court  then  next 
to  be  chosen,  and  shall  be  published  ;  and  if,  in  the  general 
court  next  chosen  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  be  agreed  to  by  a  majority  of  the 
senators  and  two-thirds  of  the  members  of  the  house  of 
representatives  present  and  voting  thereon,  then  it  shall 
be  the  duty  of  the  general  court  to  submit  such  proposed 
amendment  or  amendments  to  the  people  ;  and  if  they 
shall  be  approved  and  ratified  by  a  majority  of  the  quail- 


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  fil^'5t  ofTouucaiy "a"! 
Wednesday  of  January,  instead  of  the  last  Wednesday  of 
]\Iay  ;  and  the  general  court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  by  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.  And  the  general  court  shall  be  andtermiuation. 
dissolved  on  the  day  next  preceding  the  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  general  court  from  assembling  at  such  other  times  as 
they  shall  judge  necessary,  or  when  called  together  by  the 
governor.  The  governor,  lieutenant-governor  and  coun- 
cillors, shall  also  hold  their  respective  offices  for  one  year 
next  following  the  first  Wednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

[The   meetino;  for  the  choice  of  governor,  lieutenant- ^petings  for  the 

L  O  ,0  iiiiiii  choice  or  gov- 

erovernor,  senators,  and  representatives,  shall  be  held  on  eraor.  ueuten. 

1  1   -%  r         1  /»  -\T  1  •  1      J.  J.     aiit-governor, 

the  second  Monday  of  iS'ovember  in  every  year  ;  but  meet-  etc ,  when  to  be 
ings  may  be  adjourned,   if  necessary,  for  the  choice  of  This  clause 
representatives,  to  the  next  day,  and  again  to  the  next  aXmlmemsf 
succeeding  day,  but  no  further.      But  in  case  a  second  ^""t  ^v. 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  Monday 
of  the  same  month  of  November.] 

All  the  other  provisions  of  the  constitution,  respecting 
the  elections  and  proceedings  of  the  members  of  the  gen- 
eral court,  or  of  any  other  officers  or  persons  whatever,  that 
have  reference  to  the  last  Wednesday  of  May,  as  the  com- 
mencement of  the  political  year,  shall  be  so  far  altered,  as 
to  have  like  reference  to  the  first  Wednesday  of  January. 

This  article  shall  go  into  operation  on  the  first  day  of  pl^l'^'J'^^Z'^ 
October,  next  following  the  day  when  the  same  shall  be  t'o"- 
duly  ratified  and  adopted  as  an  amendment  of  the  consti- 
tution ;  and  the  governor,  lieutenant-governor,  councillors, 
senators,  representatives,  and  all  other  state  officers,  who 
are  annually  chosen,  and  who  shall  be  chosen  for  the  cur- 
rent year,  when  the  same  shall  go  into  operation,  shall 
hold  their  respective  offices  until  the  first  Wednesday  of 
January  then  next  following,  and  until  others  are  chosen 
and  qualified  in  their  stead,  and  no  longer ;  and  the  first 


38 


CONSTITUTION  OF  THE. 


Inconsistent 

provisions 

annulled. 


Religions 
freedoiu 
estahlishetl. 
See  Dec.  of 
Rights,  Art. 
III. 


122  Mass.  40,  41. 


Census  of  rata- 
ble  polls  to  be 
taken  in  ISXT, 
and  decennially 
thereafter. 
This  article  v.'as 
superseded  by 
ainetidments. 
Art.  XIII., 
which  was  also 
superseded  by 
amendments, 

An.  x.\i. 

Representa- 
tives, how 
apportioned. 


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

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

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

"  As  the  public  worship  of  God  and  instructions  in 
piety,  religion,  and  morality,  promote  the  happiness  and 
prosperity  of  a  people,  and  the  security  of  a  republican 
government ;  therefore,  the  several  religious  societies  of 
this  commonwealth,  whether  corporate  or  unincorporate, 
at  any  meeting  legally  warned  and  holden  for  that  pur- 
pose, shall  ever  have  the  right  to  elect  their  pastors  or 
religious  teachers,  to  contract  with  them  for  their  support, 
to  raise  money  for  erecting  and  repairing  houses  for  public 
■worship,  for  the  maintenance  of  religious  instruction,  and 
for  the  payment  of  necessary  expenses  ;  and  all  persons 
belonging  to  any  religious  society  shall  be  taken  and  held 
to  be  members,  until  they  shall  tile  with  the  clerk  of  such 
society  a  written  notice,  declaring  the  dissolution  of  their 
membership,  and  thenceforth  shall  not  be  liable  for  any 
grant  or  contract  which  maybe  thereafter  made,  or  entered 
into  by  such  society  ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceably,  and  as  good  citi- 
zens of  the  commonwealth,  shall  be  equally  under  the 
protection  of  the  law  ;  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  established 
by  law." 

Art.  XII.  [In  order  to  provide  for  a  representation 
of  the  citizens  of  this  commonwealth,  founded  upon  the 
principles  of  equality,  a  census  of  the  ratable  polls,  in  each 
city,  town,  and  district  of  the  commonwealth,  on  the  first 
day  of  May,  shall  be  taken  and  returned  into  the  secre- 
tary's office,  in  such  manner  as  the  legislature  shall  pro- 
vide, within  the  month  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-seven,  and  in  every 
tenth  year  thereafter,  in  the  month  of  May,  in  manner 
aforesaid  ;  and  each  town  or  city  having  three  hundred  rata- 
ble polls  at  the  last  preceding  decennial  census  of  polls, 
may  elect  one  representative,  and  for  every  four  hundred 


COMMONWEALTH  OF  MASSACHUSETTS.  39 

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

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

Any  city  or  town  having  ratable  polls  enouo;h  to  elect  Fractions, how 

J  J  p  I  1  <•  11      represented. 

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

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

The  governor  and  council  shall  ascertain  and  determine.  The  governor 
within  the  months  of  July  and  August,  in  the  year  of  our  detennhiTtho 
Lord  one  thousand  eight  hundred  and  thirty-seven,  accord-  leKpiuativL'To' 
ing  to  the  foregoing  principles,  the  number  of  representa-  towli' 'is  cntiii  d. 
tives,  which  each  city,  town,  and  representative  district  is 
entitled  to  elect,  and  the  number  of  years,    within  the 
period   of  ten   years  then  next  ensuing,  that  each  city, 
town,  and  representative  district  may  elect  an  additional 
representative  ;  and  where  any  town  has  not  a  sufficient 
number  of  polls  to  elect  a  representative  each  year,  then, 
how  many  years  within  the  ten  years,  such  town  may  elect 
a  representative  ;  and  the  same  shall  be  done  once  in  ten  New  apportion- 
years,  thereafter,  by  the  governor  and  council,  and  the  onceii°evVry' "^ 
number  of  ratable  polls  in  each  decennial  census  of  polls,  t^'"J'i^ars. 
shall  determine  the  number  of  representatives,  which  each 
city,  town  and  representative  district  may  elect  as  afore- 
said ;  and  when  the  number  of  representatives  to  be  elected 


40 


CONSTITUTION  OF  THE 


Inconsistent 

provisions 

annulled. 


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

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


TTouse  of  repre- 
sentatives, how 
apportioned. 
I'rovisions  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  inhabitants  of  each  city 
and  town,  on  the  first  day  of  May,  shall  be  taken,  and 
leturned  into  the  secretary's  ofiice,  on  or  before  the  last 
day  of  elune,  of  the  year  one  thousand  eight  hundred  and 
forty,  and  of  every  tenth  year  thereafter;  which  census 
shall  determine  the  apportionment  of  senators  and  repre- 
sentatives for  the  term  of  ten  years.  122  Mass.  595. 

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

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

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

Any  two  or  more  of  the  several  towns  may,  by  consent 
of  a  majority  of  the  legal  voters  present  at  a  legal  meet- 
ing, in  each  of  said  towns,  respectively,  called  for  that 
purpose,  and  held  before  the  first  day  of  August,  in  the 
year  one  thousand  eight  hundred  and  forty,  and  every 
tenth  year  thereafter,  form  themselves  into  a  representa- 
tive district,  to  continue  for  the  term  of  ten  years ;  and 
such  district  shall  have  all  the  rights,  in  regard  to  repre- 
sentation, which  would  belong  to  a  town  containing  the 
same  number  of  inhabitants. 


COMMONWEALTH  OF  MASSACHUSETTS.  41 

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

,  1        ,  ^    i-  1    ii  •  •  sentation,  and 

to  elect  one  representative,  and  the  mean  increasing  num-  ratio  of  increase, 
ber  which  shall  entitle  a  town  or  city  to  elect  more  than 
one,  and  also  the  number  by  which  the  population  of  towns 
not  entitled  to  a  representative  every  year  is  to  be  divided, 
shall  be  increased,  respectively,  by  one-tenth  of  the  num- 
bers above  mentioned,  whenever  the  population  of  the 
commonwealth  shall  have  increased  to  seven  hundred  and 
seventy  thousand,  and  for  every  additional  increase  of 
seventy  thousand  inhabitants,  the  same  addition  of  one- 
tenth  shall  be  made,  respectively,  to  the  said  numbers 
above  mentioned. 

In  the  year  of  each  decennial  census,  the  o-overnor  and  The  governor 

•iiiii(>  !•  1  f  c  •  ^'      council  to 

council  shall,  before  the  first  day  of  September,  apportion  apportion  the 
the  number  of  representatives  which  each  city,  town,  and  il-senuitiveroV 
representative  district  is  entitled  to  elect,  and  ascertain  i,? every  tlu'"^^ 
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,  n^eVeopic ac°'" 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  ivovisionsas  to 
senators  and  representatives,  assembled  in  one  room,  who  gu""rgj.ded  w 
shall,  as  soon  as  may  be,  in  like  manner,  till  up  any  vacan-  amendments, 
cies  that  may  happen  in  the  council,  by  death,  resignation, 
or  otherwise.     No  person  shall  be  elected  a  councillor,  who  Qualifications  of 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  ''''"'^"  °'^®' 
term   of  tive   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  qi'iaiift"luion*for 
be  required  as  a  qualification  for  holding  a  seat  in  either  a  seat  in  general 

^         .     ,  ■•         ,  .         ,  '-^  ,  .,  court  or  council 

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

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

Art.  XV.     The  meeting  for  the  choice  of  governor,  Time  of  annual 

Ti  j_  J  1  jj.  Ill    election  of  gov- 

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


42 


CONSTITUTION  OF  THE 


Eight  council- 
lors to  be  chosen 
liy  the  people. 
122  Mass.  590, 
o93. 


Legislature  to 
district  state. 


Eligiliility 
defined. 


Day  and  manner 
of  election,  etc. 


Vacancies,  how 
tilled. 

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


Organization  of 
the  government. 


Aet.  XVI.  Eisht  councillors  shall  he  annually  chosen 
hy  the  inhabitants  of  this  commonwealth,  qualitied  to  vote 
for  fjovernor.  The  election  of  councillors  shall  be  deter- 
mined l)y  the  same  rule  that  is  required  in  the  election  of 
jrovernor.  The  leo;islature,  at  its  first  session  after  this 
amendment  shall  have  been  adopted,  and  at  its  first  ses- 
sion after  the  next  state  census  shall  have  been  taken, 
and  at  its  first  session  after  each  decennial  state  census 
thereafterwards,  shall  divide  the  connuonweaUh  into  eight 
districts  of  contiguous  territory,  each  containing  a  number 
of  inhabitants  as  nearly  equal  as  practicable,  without  divid- 
ing any  town  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  :  provided,  however,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as 
they  shall  l)e,  from  time  to  time,  established  by  the  legisla- 
ture. No  person  shall  be  eligil)le  to  the  office  of  council- 
lor who  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  years  immediately  preceding  his  elec- 
tion. The  day  and  manner  of  the  election,  the  return  of 
the  votes,  and  the  declaration  of  the  said  elections,  shall 
be  the  same  as  are  required  in  the  election  of  governor. 
[Whenever  there  shall  be  a  failure  to  elect  the  full  num- 
ber of  councillors,  the  vacancies  shall  be  filled  in  the  same 
manner  as  is  required  for  filling  vacancies  in  the  senate ; 
and  vacancies  occasioned  by  death,  removal  from  the  state, 
or  otherwise,  shall  be  filled  in  like  manner,  as  soon  as  may 
be,  after  such  vacancies  shall  have  happened.]  And  that 
there  may  be  no  delay  in  the  organization  of  the  govern- 
ment on  the  first  Wednesday  of  January,  the  governor, 
with  at  least  five  councillors  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  returned  copies  of  the  records 
for  the  election  of  governor,  lieutenant-governor,  and  coun- 
cillors ;  and  ten  days  before  the  said  first  Wednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen,  to  attend  on  that 'day  to  be  qualified 
accordingly  ;  and  the  secretary  shall  la}^  the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
Wednesday  in  January,  to  be  by  them  examined  ;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 
shall  be  by  them  declared  and  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  tlie  choice  of  sucli 
officers. 

Art.  XYII.     The  secretary,   treasurer   and   receiver- Election  of 
general,   auditor,   and  attorney-general,   shall    be  chosen  urei!^rv^dito7,'*^' 
annually,  on  the  day  in    November   prescrii^ed    for   the  g"^e"arby7he 
choice  of  governor;   and  each  person  then  chosen  as  such,  p^^opie. 
duly  qualitied  in  other  respects,  shall  hold   his  office  for 
the  term  of  one  year  from  the  third  Wednesday  in  Jan- 
uary next   thereafter,   and   until   another    is    chosen   and 
qualitied   in   his  stead.     The  qualification  of  the  voters, 
the  manner  of  the   election,  the  return   of  the  votes,  and 
the  declaration  of  the  election,  shall  be  such  as  are  required 
in  the  election  of  <yovernor.     In  case  of  a  failure  to  elect  yacancies,  how 
either  of  said  officers  on  the  day  in  November  aforesaid, 
or  in  case  of  the  decease,  in  the  mean  time,  of  the  person 
elected  as  such,  such  officer  shall  be  chosen  on  or  before 
the  third  Wednesday  in    January  next   thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes  for 
said  offices   on  the  day  in  November  aforesaid,  by  joint 
ballot  of  the  senators  and  representatives,  in  one  room  ; 
and  in  case  the  office  of  secretary,  or  treasurer  and  receiver- 
general,  or  auditor,  or  attorney-general,  shall  become  va- 
cant, from  any  cause,  during  an  annual  or  special  session 
of  the  general  court,  such  vacancy  shall   in   like  manner 
be  tilled  by  choice  from  the  people  at  large  ;  but   if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supi)lied 
by  the  governor  by  appointment,  with  the  advice  and  con- 
sent of  the  council.     The  person  so  chosen  or  appointed, 
duly  qualified  in  other  respects,  shall  hold  his  office  until 
his  successor  is  chosen  and  duly  qualitied  in   his  stead. 
In  case  any  person  chosen  or  appointed  to  either  of  the  To  qualify  with. 
offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  otherwiBToffice 
after  he  could  otherwise  enter  upon  his  duties,  to  qualify  v^c^i^'uf.''*"^'^'^ 
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  Quaiuication 
either  of  said  offices  unless  he  shall  have  been  an  inhabit-  '"i"'*'^*^" 
ant  of  this  commonwealth  five  years  next  preceding  his 
election  or  ap])ointment. 

Akt.  XVllI.     All  moneys  raised  1)y  taxation  in  the  school  moneys 
towns  and  cities  for  the  support  of  public  schools,  and  phe/forsecta- 
all  moneys  which  may  be  appropriated  by  the  state  for  I.'o"  ori'^u'inla 
the  support  of  common  schools,  shall  be  a[)plied  to,  and  ^chooll," gee  *" 
expended  in,  no  other  schools  than  those  which  are  con-  constitution, 

■,        ,      1  -,.  ,  1,  1  T  .,      I'art  iirst,  Art. 

ducted  accordmg  to  law,  under  the  order  and  superintend-  m. 


44 


COXSTITUTIOX  OF  THE 


12  Allen,  503, 

508. 

103  Mass.  9i,  06, 


Legislature  to 
prescvibe  for 
the  election  of 
sberiffs,  regis, 
tcrs  of  probate, 
etc.,  by  the 
people. 
8  Gray,  1. 
i:}  Gray,  74. 
no  Mass   172, 
173. 

Reading  consti- 
tution inKnglish 
and  writing, 
necessary  quali- 
llcations  of 
voters. 
Proviso. 
For  other  qnali- 
tications.  see 
amendments. 
Art.  III. 
See  also  amend- 
ments, Alt. 
X.XIII.,  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. 
Legislature  to 
apportion,  etc. 
10  Gray,  G13. 


ence  of  the  authorities  of  the  town  or  city  in  which  tlie 
money  is  to  be  expended  ;  und  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  sherifis,  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  di.stricts,  for 
such  term  of  office  as  the  legislature  shall  prescribe. 

117  Mass.  602,  603.  121  Mass.  65. 

Art.  XX.  No  person  shall  have  the  right  to  vote,  or 
be  elisrible  to  office  under  the  constitution  of  this  common- 
v/efflth,  who  shall  not  be  able  to  read  the  con.stitution  in 
the  Engli.sh  language,  and  write  his  name  :  provided,  hoiv- 
evei'f  that  the  provisions  of  this  amendment  shall  not  apply 
to  any  person  prevented  by  a  physical  disability  from  com- 
plying with  its  requisitions,  nor  to  any  person  who  now 
has  the  right  to  vote,  nor  to  any  persons  who  shall  be 
sixty  years  of  age  or  upwards  at  the  time  this  amendment 
shall  take  eft'ect. 

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

The  house  of  representatives  shall  consist  of  two  hun- 
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 ; 


■  for 
lisioii  to  be 


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  authorired  to^"^* 
by  the  legislature,  the  niiml)er  of  representatives  to  which  '''"'^®  counties. 
each  county  shall  be  entitled,  to  the  board  authorized  to 
divide   eacli    county   into    representative   districts.     The 
mayor  and  aldermen  of  the  city  of  Boston,  the  county 
commissioners  of  other  counties  than  Suffolk,  —  or  in  lieu 
of  the  mayor  and  aldermen  of  the  city  of  Boston,  or  of  the 
county  commissioners  in  each  county  other  than  Suffolk, 
such  lioard  of  special  commissioners  in  each  county,  to 
be  elected  by  the  people  of  the  county,  or  of  the  towns 
therein,  as  may  for  that  purpose  be  provided  by  law, — 
shall,    on    the    first   Tuesday  of  Auijust  next  after  each  ^^t-ftin? 

'  _      ./  o  division  ._   ._ 

assignment  of  representatives  to  each  county,  assemble  at  tirst  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  bo,  according  to  the  relative  number  of  legal  voters 
in  the  several  districts  of  each  county;  and  such  districts 
shall  be  so  formed  that  no  towui  or  ward  of  a  city  shall 
be  divided  therefor,  nor  shall  any  district  be  made  which 
shall  be  entitled  to  elect  more  than  three  representatives. 
Every  representative,  for  one  year  at  least  next  preceding  Qualifications  of 
his  election,  shall  have  been  an  inhabitant  of  the  district  iL^MassAos, 
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 
num])ered  by  the  l)oard  creating  the  same,  and  a  descrip-  de™ribe'd'and 
tion  of  each,  with  the  numbers  thereof  and  the  number  of '^'"■''*^'^'^- 
legal  voters  therein,  shall  be  returned  by  the  board,  to  the 
secretary  of  the  commonwealth,  the  county  treasurer  of 
each  county,  and  to  the  clerk  of  every  town  in  each  dis- 
trict, to  be  filed  and  kept  in  their  respective  offices.     The 
manner   of  calling  and  conducting  the  meetings  for  the 
choice  of  representatives,  and  of  ascertaining  their  elec- 
tion,  shall   be    prescribed   by   law.     Not   less   than   one  One  hundred 
hundred  members  of  the  house  of  representatives  shall  ™uorum?* 
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.  XXII.     A  census  of  the  legal  voters  of  each  city  Census,  etc. 
and  town,  on  the  first  day  of  May,  shall  be  taken  and 
returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  year  one 


46 


COXSTITUTION  OF  THE 


VoterB  to  be 
basis  of  appor- 
tionment of 
seuatore. 


Senate  to  consist 
of  forty  mem- 
bers. 


Senatorial 
districts,  etc. 


See  amend- 
ments, Art. 
XXIV. 


Qualifications 
of  senators. 


Sixteen  mem- 
bers a  quorum. 


Residence  of 
two  years  re- 
quired of  natu- 
ralized citizens, 
to  entitle  to  suf- 
frage or  raako 
eligible  tootlice. 
This  article 
annulled  by 
Art.  XXVI. 


Vacancies  in  the 
senate. 


Vacancies  in  the 
council. 


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

Art.  XXIII.  [Xo  person  of  foreign  birth  shall  be  en- 
titled to  vote,  or  shall  be  eligible  to  office,  unless  he  shall 
have  resided  w'ithin  the  jurisdiction  of  the  United  States 
for  two  years  subsequent  to  his  naturalization,  and  shall 
be  otherwise  qualified,  according  to  the  constitution  and 
laws  of  this  commonwealth  :  provided,  that  this  amend- 
ment shall  not  affect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and, 
provided,  further ,  that  it  shall  not  affect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  absence  of  the  parent  therefrom.] 

Art.  XXIY.  Any  vacancy  in  the  senate  shall  ])e  filled 
by  election  by  the  people  of  the  unrepresented  district, 
upon  the  order  of  a  majority  of  the  senators  elected. 

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


COMMONWEALTH   OF   MASSACHUSETTS.  47 

of  representatives  shall,  by  concurrent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occurs,  to  fill  that  office.  If  such  vacancy  shall 
happen  when  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  the 
same  by  appointment  of  some  eligiljle  person. 

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

Art.  XXVII.     So  much  of  article  two  of  chapter  six  ofnceraof 
of  the  constitution    of  this  commonwealth  as  relates  to  ma"beek^ted^ 
persons   holding   the    office    of  president,    professor,    or  gen"raUourt. 
instructor  of  Harvard  College,  is  hereby  annulled. 

Art.  XXVIII.     No  person  having  served  in  the  army  Persons  having 
or  navy  of  the  United  States  in  time  of  war,  and  having  u.'^s*!  army  or 
been  honorably  discharged  from  such  service,  if  otherwise  "o^be'd^^gquau' 
qualified  to  vote,  shall  be  disqualified  therefor  on  account  rtedfromvoung, 
of  being  a  pauper ;  or,  if  a  pauper,  because  of  the  non- 
payment of  a  poll-tax. 

Art.  XXIX.  The  general  court  shall  have  full  power  voungpre- 
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. 


48  COXSTITUTION   OF  THE 

The  constitution  of  :Massacliusett3  was  a^eed  upon  by  delegates 
of  tlie  people,  in  convention,  begun  and  held  at  Cambridge,  on  the 
first  day  of  September,  1779,  and  continued  by  adjournments  to  the 
second  day  of  March,  1780,  when  the  com'eution  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  reqvusite  number  of  votes,  and  the  conven- 
tion accordingly  Resolved,  "  That  the  said  Constitution  or  Frame  of 
Government  shall  take  place  on  the  last  Wednesday  of  October  next ; 
and  not  before,  for  any  purpose,  save  only  for  that  of  making  elections, 
agreeable  to  this  resolution."  The  first  legislature  assembled  at  Bos- 
ton, on  the  twenty-fifth  day  of  October,  1780. 

The  first  nine  Articles  of  Amendment  were  submitted,  by  delegates 
in  convention  assembled,  November  1.5,  1820,  to  the  people,  and  by 
them  ratified  and  adopted,  April  9,  1821. 

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

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

The  twelfth  Article  was  adopted  by  the  legislatures  of  the  political 
years  183.5  and  1836,  respectively,  and  was  approved  and  ratified  by 
the  people  the  fourteenth  day  of  November,  1836. 

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

The  fomteenth,  fifteenth,  sixteenth,  seventeenth,  eighteenth,  and 
nineteenth  Articles  were  adopted  by  the  legislatures  of  the  political 
years  1854  and  18.55,  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  legislatm-es  of  the 
political  years  1858  and  1859,  respectively,  and  ratified  by  the  jjeople 
on  the  ninth  day  of  May,  1859,  and  was  repealed  by  the  twenty-sixth 
Amendment. 


COMMONWEALTH   OF   MASSACHUSETTS.  49 

The  twentj-'fourtli  and  twenty-fifth  Articles  were  adoijted  by  the 
legislatures  of  the  political  years  1859  and  1860,  and  ratified  by  the 
people  on  the  seventh  day  of  May,  1860. 

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

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

The  twenty-eighth  Article  was  adopted  by  the  legislatures  of  the 
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. 


[A  proposed  Article  of  Amendment,  prohibiting  the  manufactui-e 
and  sale  of  Intoxicating  Liquor  as  a  beverage,  adopted  by  the  legis- 
latures of  the  political  years  1888  and  1889,  was  rejected  by  the 
people  on  the  twenty-second  day  of  April,  1889.] 


INDEX  TO  THE  CONSTITUTION. 


A. 

Pago 

Address  of  both  houses  of  the  legislature,  judicial  officers  may  be 

removed  by  governor  witli  consent  of  council  upon,  .         26 

Adjutant-general,  appointed  by  the  governor 22 

Adjutants,  to  be  appointed  by  commanding  officers  of  regiments,       .         22 
Affirmations,  instead  of  the  required  oaths,  may  be  made  by  Quakers,  30, 31, 35 

Agriculture,  arts,  commerce,  etc.,  to  be  encouraged 29 

Alimony,  divorce,  etc., 27 

Amendment  to  the  constitution,  proposed  m  the  general  court, 
agi'eed  to  by  a  majority  of  senators  and  two-thirds  of 
house  present  and  voting  thereon  by  yeas  and  nays ;  en- 
tered upon  the  journals  of  both  houses,  and  referred  to 
the  next  general  court ;  if  the  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  the  same 
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  eight  districts, 42 

Apportionment  of  senators, 13,  40,  46 

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

districts, 46 

Apportionment  of  representatives, IG,  39,  40,  44 

to  the  several  counties,  made  on  the  basis  of  legal  voters,        .        44 
Armies,  dangerous  to  liberty,  and  not  to  be  maintained  without  con- 
sent of  the  legislature, 8 

Arms,  right  of  people  to  keep  and  to  bear,  for  public  defence,           .  8 
Arrest,  members  of  house  of  representatives  exempted  from,  on 
mesne  process,  while  going  to,  returning  from,  or  attend- 
ing the  general  assembly, 18 

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

Avarrant  to  contain  special  designation, 7 

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

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

election  determined  by  legislature, 43 

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

votes  at  November  election, 43 

51 


52 


IjStdex  to  the  constitution. 


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

vacancy  occurring  during  recess  of  legislature,  filled  by  gov- 
ernor by  appointment,  Avith  consent  of  council, 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 
next  preceding  election  or  appointment,      .... 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  daj'S, 

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

to  hold  office  for  one  year  from  third  Wednesday  in  .Tanuary 
next  thereafter,  and  until  another  is  chosen  and  qualified, 

election  determined  by  legislature, 

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

not  eligible,  imless  an  inhabitant  of  the  state  for  five  years 
next  preceding  election, 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 
to  be  qualified  within  ten  days, 


Page 


43 

43 

43 

43 
44 
43 

43 
43 
43 

43 

43 


B. 

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

Bills,  money,  to  oiiginate  in  the  house  of  representatives. 

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

to  have  force  of  law  if  signed  by  governor, 

if  objected  to  by  governor  in  writing,   to  be  returned  to 

branch  in  which  originated,  and  may  be  passed  by  two 

thirds  of  each  branch  present  and  voting  thereon  by  yeas 

and  nays, 

if  not  returned  l)y  governor  within  five  days  after  presenta^ 
tiou,  to  have  force  of  law,  unless  the  legislature  adjourns 

before  that  time  expires, 

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

Body  politic,  formation  and  nature  of, 

title  of :  The  Commonwealth  of  Massachusetts, 
Bribery  or  corruption  used  in  procuring  an  appointment  or  election 
to  disqualify  from  holding  any  office  of  trust,  etc.,    . 


9 
17 
10 
10 


10 


11,34 

22 

3 

10 

32 


c. 

Census  of  ratable  polls, 38 

of  inhabitants 40,  44,  45 

of  inhabitants  and  legal  votei's  taken  In  the  year  18G5,  and 

every  tenth  year  thereafter, 44,  46 

enumeration  of  voters  to  determine  the  apportionment  of 

representatives, 44 


INDEX   TO   THE   CONSTITUTION.  53 

Cities,  may  be  cliartered  by  the  general  court,  if  containing  twelve 
thousand    inhabitants   and   consented  to    by  a   majority 

thereof, 34 

Civil  officers,  meeting  for  election  to  be  held  annually  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  by  the  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,  2(j 
Commissioners  of  insolvency,  elected  by  the  people  of  the  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  certain  state  offices,  .         .         3G 

Constitution,  amendment  to,  proposed  in  the  general  court,  agreed 
to  by  a  majority  of  senators  and  tAvo-thirds  of  the  house  • 
present  and  voting  thereon  by  yeas  and  nays;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  coiu't;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  eflect,  it 
shall  be  submitted  to  tlie  people,  and,  if  approved  by  tlicm 
by  a  majority  A'ote,  becomes  a  part  of  the  constitution,    .  30,  37 

Constitution,  provisions  for  revising, 33,  3G 

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

and  printed  in  all  additions  of  the  laws,      ....        34 

Coi'oners, 21 

Corruption  or  bribery  used  in  procuring  any  appointment  or  elec- 
tion, to  disqualify  from  holding  any  office  of  trust,  etc. ,         32 

Council,  live  members  to  constitute  a  quorvmi, 24 

eight  councillors  to  be  elected  annually, 24,  42 

election  to  be  detennined  by  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,  ....         29 

to  rank  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 


54  INDEX   TO  THE   CONSTITUTION. 

Page 

Council,  no  property  qualification  required, 41 

eight  districts  to  be  formed,  each  composed  of  five  contiguous 

senatorial  districts, 42 

eligible  to  election  if  an  inliabitant  of  state  for  live  years  pi"c- 

ceding  election, 42 

term  of  office, 37 

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

council, 4G,'47 

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

judges  not  to  hold  certain  other  offices, 36 

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

governor  and  council, 26 

Courts,  clerks  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  ofiences,  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,      .        .        .     29,35,36 

Delegates  to  congress, 27 

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

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

senatorial  districts, 42 

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

several  counties, 39,  45 

Divorce,  alimony,  etc., 27 

E. 

Educational  interests  to  be  cherished, 29 

Elections  ought  to  be  free, 6 

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


INDEX   TO   THE   CONSTITUTION.  55 

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

Tuesday  next  after  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, 13,  42 

Enacting  style  of  laws,  established, 33 

Equality  and  natural  rights  of  all  men, 4 

Estates,  valuation  to  be  taken  anew  once  at  least  every  ten  years,  .  12 
Executive  department,  not  to  exercise  legislative  or  judicial  powers,  9 

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

F. 

Felony  and  treason,  no  subject  to  be  declared  guilty  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  co-nstitution,  a  frequent  recurrence  to, 

recommended, 8 

G. 

General  court,  to  assemble  frequently  for  redress  of  ginevances,  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  Januarj-,  at 
such  other  times  as  they  shall  judge  necessary,  and  when- 
ever called  by  the  governor  with  the  advice  of  council,   10,  19,  37 
may  constitute  and  erect  judicatories  and  courts,      .        .        .         11 
may  make  wholesome  and  reasonable  laws  and  ordinances  not 

repugnant  to  the  constitution,         .         .         .         ,         .         .         11 
may  provide  for  the  election  or  appointment  of  officers,  and 

prescribe  their  duties,  .         .        .        .         .        .        .        ,         n 

may  impose  taxes,  etc.,  to  be  used  for  the  public  service,        .         12 
to  be  dissolved  on  the  day  next  preceding  the  first  Wednes- 
day of  January, 20,  37 

travelling  expenses  of  members, 16 

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

session  may  be  directed  by  governor,  with  advice  of  council, 
to  be  held  in  other  than  the  usual  place  in  case  of  an  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  bribery,  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  council  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-go venior  and 

councillors,  .         .         .       , 41,  42 

to  prescribe  by  law  for  election  of  sheriffs,  registers  of  probate 
and  commissioners  of  insolvency  by  the  people  of  the 
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, — rto  have  been  an  inhabitant  of  the  state  for 

seven  years,  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  the  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  the  senate  in  pres- 
ence of  the  two  houses  of  assembly, 31 

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

election  determined  by  the  legislature, 42,  43 

veto  power, 10 

vacancj'  in  office  of,  powers  to  be  exercised  by  the  lieutenant- 
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  houses  disagree,  or  may  direct  session 
to  l)e  held  in  other  tlian  the  usual  place  in  case  of  an  in- 
fectious distemper  prevailing, 19 

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


INDEX   TO   THE   CONSTITUTION.  57 

Page 
Governor,  to  appoint  officers  of  the  continental  army,        ...        22 
may  pardon  ofleuces,  but  not  before  conviction,        ...        21 
may  till  vacancy  iu  council  occurring  when  legislature  is  not 

iu  session, 47 

with  consent  of  council,  may  remove  judicial  officers,  upon 

the  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 iu  person  or  by  deputy, 26 


H. 

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

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

board  of  overseers  established,  but  the  government  of  the 

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

officers  may  be  elected  members  of  the  general  court,       .         .         47 

Hereditary  offices  and  privileges,  absurd  and  unnatural,      .         .         .      5,  6 

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

a  representation  of  the  people  annually  elected  aud  founded 

upon  the  principle  of  equality, 16 

may  impose  tines  upon  towns  not  choosing  members,       .        .         IG 
expense  of  travel  once  every  session  each  way,  to  be  paid  by 

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

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

return  from,  or  attending  the  general  assembly,         .        .         18 

the  grand  inquest  of  the  commonwealth, 17 

to  originate  all  money  bills,  but  the  senate  may  propose  or 

concur  with  amendments, 17 

not  to  adjourn  more  than  two  days  at  a  time,   .        .        .         .         17 
one  hundred  members  constitute  a  quorum,       .         .         .         .  17,  45 
to  choose  officers,  establish  its  I'ules,  etc.,'        ....         17 
may  punish  by  imprisonment,  not  exceeding  thirty  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17,  18 


58  INDEX   TO   THE   CONSTITUTION. 

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

may  require  the  attendance  of  secretaxy  of  tlie  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  held  on  the  Tuesday  next  after  the 

lirst  Monday  of  November, 41 

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

Monday  of  November, 41 

to  consist  of  two  hundred  and  forty  members,  apportioned 
to  the  several  counties  equally,  according  to  relative 
number  of  legal  voters, 44 

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

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

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

I. 

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

indictment, 15,  16 

Incompatible  offices, '  .         .         .  31,  36 

"  Inhabitant,"  the  word  detined, 13 

Inhabitants,  census  to  be  taken  in  1805,  and  every  tenth  year  there- 
after,     38,  40,  44,  45 

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

counties 44 

Instruction  of  representatives, 8 

J. 

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

standing  laws, 9,  23,  26 

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

legislature, 26 

not  to  hold  certain  other  offices, 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.  .')9 

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  beliavior,  except  when  otherwise 

provided  by  the  constitution, 26 

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

of  both  houses  of  tlie  legislature, 26 

Jury,  trial  by,  right  secured, 7 

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

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

L. 

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

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  force, 32 

Legislative  power, 9 

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

Legislature  (see  General  Court). 

Liberty  of  the  press,  essential  to  the  security  of  freedom,          .         .  8 
Lieutenant-governor,  to  be  annually  elected  in  November,  —  title  of, 
His  Honor ;   who  shall  be  qualilied  in  property  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  when  the  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 

term  of  office, 37 

Literature  and  the  sciences  to  be  encouraged, 29 

M. 

Magistrates  and  officers,  accountable  to  the  people,     ....  5 
Magistrates  and  courts,  not  to  demand  excessive  bail,  impose  exces- 
sive fines,  or  inflict  cruel  punishments,        ....  9 
Major-generals,  elected  by  senate  and  house  of  representatives  by 

concurrent  vote, 21 

may  appoint  their  aids, 22 


60  INDEX   TO   THE   CONSTITUTION. 

Page 

MaiTiage,  divorce  and  alimony, .  27 

Martial  law,  onh'  those  emploj'cd  in  the  arraj^  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authoritj'  of 

legislature,   ..........  9 

Military'  power,  subordinate  to  civil  authority, 8 

Militia,  not  to  be  obliged  by  commander-in-chief  to  march  out  of  the 

limits  of  the  state, 21 

captains  and  subalterns,  elected  by  the  train-bands, .        .        .  21,  35 

all  members  of  companies  maj'  vote,  Including  minors,    .        .  35 

field  officers,  elected  by  captains  and  subaltei-ns,  .     .         .        .  21 

brigadiers,  elected  by  field  officers, 21 

major-generals,  elected  by  senate  and  house  of  representatives 

by  concuiTeut  vote,      ........  21 

mode  of  election  of  officers  to  be  fixed  by  standing  laws,          .  21 
if  electors  refutse  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  staff  officers, 22 

organization ;  divisions,  brigades,  regiments  and  companies,  .  22 

Money,  issued  from  ti'easurj"-  by  warrant  of  governor,  etc. ,         .         .  22 
mentioned  in  the  constitution,  to  be  computed  in  silver  at  six 

shUlings  and  eightpence  per  ounce,      .    ■     .         .         .         .  32 

Money  biUs,  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  qualitications  for  office, 8 

IS". 

Notaries  public,  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,   


how  and  by  wliom  taken  and  subscribed,  . 

forms  of, 

Quakers  may  affirm, 

to  be  taken  by  ail  civil  and  military  officers, 

Objects  of  government, 

Offences  and  crimes,  prosecutions  for,  regulated. 

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

Office,  rotation  in,  right  secured, 


11 

29,  30,  31,  35 
29,  30,  35 
31,  35,  36 
35 
3,6 
7 
32 
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 

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

Officers,  judicial,  to  hold  office  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 

Officers  of  former  gOA'crnment,  continued, 33 

Offlcei's  of  the  militia,  election  and  appointment  of,    .        .        .        .        21 

removal  of, 22,  35 

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

Organization  of  the  militia, 22 


P. 


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

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

People,  to  have  the  sole  right  to  gOA'ern  themselves  as  a  free,  sover- 
eign and  independent  state,        ......  6 

have  a  right  to  keep  and  to  1)ear  arais  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,  uuincoi'porated,  tax-paying  inhabitants  may  vote  for 

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

Plurality  of  offices, 31 

of  votes,  election  of  civil  officers  by, 41 

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

Polls,  ratable,  census  of, 38 

Preamble  to  constitution, 3 

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

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

Probate  courts,  provisions  for  holding, 26 

registers,  elected  by  the  people  of  the  several  counties,    .        .21,44 

judges  may  not  hold  certain  other  offices,          ....  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  repugnant  to  the   constitution,    continued  in 

force, 32 

Public  boards  and  certain  officers  to  make  quai'terly  reports  to  the 

governor, 22 

Public  officers,  right  of  people  to  secure  rotation,        ....  6 
all  persons  having  the  prescribed  qualifications  equally  eli- 
gible,     6 

Public  notary  (see  Notary  public). 

Public  religious  worship,  right  and  duty  of, 4 

Punishments,  cruel  and  unusual,  not  to  be  inflicted 9 


Q. 


Quakers,  may  make  affirmation, 31,35 

Qualification  of  persons  to  be  elected  to  office  maj'  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  govei-nor, 18,  43 

of  lieutenant-governor, 23,  43 

of  councillors,     .         .         . 41,43 

of  senators, 15,  40,  46 

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

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

Quartermasters,  appointed  by  commanding  officers  of  regiments,      .        22 

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

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

of    house    of    representatives,   to    consist    of    one    hundred 

members,      . 17,  45 

R. 

Ratable  polls,  census  of, 38 

Reading  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  denommation,  no  subordination  of  one  to  another 

to  be  established  by  law, 5,  38 

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

membership  of,  defined, 38 


INDEX   TO   THE    CONSTITUTIOX.  63 

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

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

worship, 4,  5,  38 

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

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

Returns  of  votes, 13,  19,  42,  43 

Revision  of  constitution  provided  for  in  the  year  1795,  ...  83 
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  honoral)le  salary  to  be  established  for  the  gov- 
ernor,   23 

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

if  not  sufficient, 9,23 

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

Secretary  of  tlie  commonwealth,  to  be  cliosen  by  the  people  annually 

in  November,        .         .         .         • 25,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

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

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

in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  filled  by  joint  ballot  of  legislature 
from  the  two  persons  having  the  highest  number  of  votes 
at  November  election, 48 

vacancy  occurring  during  session  of  the  legislature,  filled  l)y 

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

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

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

next  preceding  election  or  appointment,      ....        43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

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

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

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

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

by  deputies,  as  tliey  shall  require, 26 

to  attest  all  commissions, 32 

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

number  of  representatives  to  whicli  the  county  is  entitled,        45 


64 


INDEX   TO   THE   CONSTITUTION. 


12, 


Sectarian  schools,  not  to  be  maintained  at  public  expense, 
Selectmen,  to  preside  at  town  meetings,  elections,  etc., 
Self-government,  right  of,  asserted,    ..... 

Senate,  the  first  branch  of  the  legislature,   .... 

to  consist  of  forty  members,  apportionment,  etc.,     . 
to  be  chosen  annually,        ...... 

governor  and  at  least  five  councillors,  to  examine  and  count 
votes,  and  issue  summonses  to  members,    .... 

to  l)e  final  judges  of  elections,  returns  and  qualifications  of 

their  own  members, 

vacancj'  to  be  filled  l)y  election,  by  people  of  the  district,  upon 
order  of  majoritj'  of  senators  elected,         .... 

qualifications  of  a  senator, . 

not  to  adjourn  more  than  two  days  at  a  time,    .... 
to  clioose  its  ofticers  and  establish  rules,    ..... 

shall  try  all  impeachments, 

sixteen  members  constitute  a  quorum,        ..... 
may  punish  for  certain  oflTences  ;  trial  may  be  by  committee,  . 
may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy, 

may   require    the   opinions   of  tlie  justices   of  the   supreme 
judicial  court  upon  important  questions  of  law,  and  upon 
solemn  occasions,         ...... 

to  enter  objections,  made  by  governor  to  passage  of  a  bill  or 
resolve,  at  large  on  records,         .... 

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

contain,  as  near  as  may  be,  an  equal  number  of  voters, 
apportionment  based  upon  legal  voters,     .... 

Sheriffs,  elected  by  the  people  of  the  several  counties, 

Silver,  value  of  money  mentioned  in  the  constitution  to  be  computed 

in  silver  at  six  shillings  and  eightpence  per  ounce, 
Soldier,  not  to  be  quartered  in  any  house,  in  time  of  peace,  Avithout 
consent  of  owner,         ....... 

Soldiers  and  sailors,  who  have  served  in  time  of  war,  etc.,  not  dis 
qualified  from  voting  on  account  of  being  paupers,    . 

Solicitor-general, 

Standing  armies,  dangerous  to  libei-ty  and  not  to  be  raaintamed  Avitli 

out  consent  of  the  legislature,     ..... 
State  or  body  politic,  entitled, —  The  Commomvealth  of  Massachusetts 
Supi'eme  judicial  court,  judges  to  have  honorable  salaries  fixed  bj^ 
standing  laws,  and  to  hold  office  during  good  behavior,     . 
to  give  opinions  upon  important  questions  of  law,  etc. ,  when 
required  by  either  branch  of  tlie  legislature  or  by  the  gov- 
ernor and  council, 

not  to  hold  certain  other  oftices, 

Sureties  of  bail,  excessive,  not  to  be  required 


Page 

44 

13 

5 

10, 

13 

39, 

4G 

13 

14 

14 

15 

4G 

15 

41 

15 

15 

15 

17 

IG 

18 

26 

26 

10 

46 

46 

21,  44 

32 

9 

47 
21 

8 
10 

9,  23 


26 

31,  36 

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  people  or  their 

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

may  be  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  laAV  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  be,  —  His  Excellency, 18 

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

Town  meetings,  selectmen  to  preside  at, 13 

Town  representation  in  the  legislature, 16,  39,  40 

Towns,  voting  precincts  in, 47 

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

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

legislature,   ..........  9 

Treasurer  and  receiver-genei'al,  to  be  chosen  b}'  the  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  qualified,  .  43 
manner  of  election,  etc.,  same  as  governor,  ....  43 
not  eligible,  unless  an  inhabitant  of  the  state  for  Ave  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  the  highest  number  of  votes 

at  November  election, 43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislature  from  the  people  at  large,      .        43 
vacancy  occurring  when  legislature  is  not  In  session,  to  be 
filled  by  governor,  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  teia  days, 43 

Treasury,  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  army  and  navjs  .        .  7 


66  INDEX   TO   THE   CONSTITUTION. 

U. 

Page 
University  at  Cambridge 27,  28,  47 

Y. 

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

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

be  exercised  by  tlie  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  the 

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

election, 43 

occurring  during  session  of  legislature,  filled  bj^  joint  ballot 

of  legislature  from  people  at  large, 43 

occurring  when  legislature  is  not  in  session,  to  be  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  governor, 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 
tlie  state  one  j'ear,  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  whicli  the  apportionment  of  representatives 

to  the  several  counties  is  made, 44 

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

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

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

plurality  of,  to  elect  civil  ofllcers, 41 

Voting  precincts  in  towns, 47 


INDEX  TO   THE   CONSTITUTION.  67 


Page 
"Worship,  puhlic,  the  right  and  duty  of  all  men,  ....  4 

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

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

by  the  clerk, 32 

."Writing  and  reading,  necessary  qualifications  for  voting,  or  holding 

office, 44 

Y. 

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


ACTS  AND  RESOLVES 


MASSACHUSETTS. 


1889. 


^^  The  General  Court  of  1889  assembled  on  Wednesday,  the  second 
day  of  January.  The  oaths  of  office  required  by  the  Constitution  to  be 
administered  to  the  Governor  and  Lieutenant-Governor  elect  were  taken 
and  subscribed  by  His  Excellency  Oliver  Ames,  and  His  Honor  John 
Q.  A.  Brackett,  on  Thursday,  the  third  day  of  January,  in  the  presence 
of  the  two  Houses  assembled  in  convention. 


ACTS  AND  RESOLVES. 


An  Act  making  an  appropriation  to  provide  for  deficiencies  Qhni)    1 

IN    CURRENT    EXPENSES    AT    THE    WESTBOROUGH    INSANE    HOSPI- 
TAL FOR  THE  YEAR   EIGHTEEN   HUNDRED   AND   EIGHTY-EIGHT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  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  certain  bills  incurred  in  excess  of  the  appropria- 
tion therefor  during  the  year  eighteen  hundred  and 
eighty-eight,  at  the  Westborough  insane  hospital,  to 
wit :  — 

For  current  expenses  at  the  Westborough  insane  hos-  westborough 
pital,  a  sum  not  exceeding  ten  thousand  dollars.  °*^°^   ospi  a  . 

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

Approved  January  16,  1889. 

An  Act  to  incorporate  the  allerton  building  company  in  (JJidD^   2 

MARBLEHEAD. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Nathan  P.  Sanborn,  Moses  Gilbert,  Jona-  ^''^'^'''^ '^JJ'''^" 
than  H.  Orne,  Henry  A.  Potter,  N.  Allen  Lindsey,  Knott  incorporated. 
V.  Martin,  John  O.  Porter,  Henry  F.  P.  Wilkins,  Wil- 
liam D.  T.  Trefry  and  William  D.  Northend,  their 
associates  and  successors,  are  hereby  made  a  corporation 
for  the  term  of  thirty  years  from  the  date  of  the  passage 
of  this  act,  by  the  name  of  the  Allerton  Building  Com- 
pany, with  authority  to  purchase  and  hold  land  not  ex- 
ceeding one  and  one-half  acres,  within  the  district  on 
which  the  buildings  were  destroyed  in  the  late  fire,  in 
Marblehead  in  the  county  of  Essex,  and  to  erect  and  main- 


776 


1889.  —  Chapter  3. 


Capital  stock 
and  shares. 


tain  thereon  buildino^s  of  brick  or  stone  for  manufticturinff 
and  business  purposes,  and  with  authority  to  lease,  sell  or 
mortgage  any  of  said  estate  ;  subject  to  the  provisions  of 
chapters  one  hundred  and  five  and  one  hundred  and  six  of 
the  Pul)lic  Statutes  and  to  all  general  laws  which  now  are 
or  may  hereafter  be  in  force  relating  to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
be  fifty  thousand  dollars,  divided  into  shares  of  ten  dol- 
lars each  ;  and  may  be  increased  from  time  to  time  to  an 
amount  not  exceeding  two  hundred  thousand  dollars. 

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

Approved  January  16,  1889. 

ChCip.  3  -^^  ^^"^  MAKING  APPROPKIATIONS  FOK  THE  COMPENSATION  AND 
MILEAGE  OF  THE  MEMBERS  OF  THE  LEGISLATURE,  FOR  THE 
COMPENSATION  OF  OFFICERS  THEREOF,  AND  FOR  EXPENSES  IN 
CONNECTION  THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

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

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

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

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

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

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

For  the  salaries  of  the  doorkeepers  of  the  senate  and 
house  of  representatives,  fourteen  hundred  dollars  each. 

For  compensation  of  the  assistant  doorkeepers,  post- 
master, messengers  and  pages  to  the  senate  and  house  of 
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  com- 
mittees, and  for  fees  for  such  witnesses,  a  sum  not  ex- 
ceedinof  two  hundred  dollars. 


Appropriations. 


Senators, 
coinpenaation. 

Mileage. 

Representa- 
tives, compensa- 
tion. 

Mileage. 

Chaplains. 

Doorkeepers. 


Postmaster, 
messengers  and 
pages. 


Contingent 
expenses. 


Summoning 
witnesses. 


1889.  —  Chapter  4.  777 

For  authorized  expenses  of  committees  of  the  present  ^J;P,^"i^f|g°f. 
legislature,  to  include  clerical  assistance   to    committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  fif- 
teen thousand  dollars. 

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

Approved  January  28,  1889. 

An  Act  making  appropriations  kor  the  maintenance  of  the  QJ^Qp^  4 

GOVERNMENT   FOR  THE   PRESENT    YEAR. 

Be  it  enacted,  etc.,  as  follows: 

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

LEGISLATIVE     DEPARTMENT. 

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

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

For  such  additional  clerical  assistance  for  the  clerks  of  i^fi''"g°i°fance.'" 
the  senate  and  house  of  representatives  as  may  be  neces- 
sary for  the  despatch  of  public  business,  a  sum   not  ex- 
ceeding three  thousand  dollars. 

For  the  salary  of  the  sergeant- at-arms,  three  thousand  ^r^^g^'"""  **' 
dollars. 

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

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

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

For  the  salaries  of  the  three  messengers  to  the  sergeant-  sergeantat- 

o  o  arms   inessen- 

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

For  the  salaries  of  the  fireman  at  the  state  house,  and  ^'o'fi " ,® ° '"""^ 
fireman  and  janitor  at  the  Commonwealth  building,  nine 
hundred  dollars  each. 

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


778 


1889.  —  Chapter  4. 


EXECUTIVE     DEPARTMENT. 


Lieutenant- 
governor  and 
council. 


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,  a  sum  not  exceeding  five  hun- 
dred dollars. 

For  the  salary  of  the  private  secretary  of  the  governor, 
two  thousand  dollars. 

Executive  clerk.      YoY  the  Salary  of  the  executive  clerk  of  the  governor 
and  council,  one  thousand  seven  hundred  dollars. 

Messenger.  Por  the  Salary  of  the  messenger  of  the  governor  and 

council,  one  thousand  dollars. 


Private 
secretary 


Secretary. 


First  clerk. 


Second  clerk. 


Third  clerk. 


Extra  clerks  and 
messenger. 


secretary's  DEPARTMENT. 

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

For  the  salary  of  the  first  clerk  in  the  secretary's 
department,  two  thousand  dollars. 

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

For  the  salary  of  the  third  clerk  in  the  secretary's 
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. 


treasurer's  DEPARTMENT. 

Treasurer.  Yov  the  Salary  of  the  treasurer  and  receiver-general, 

five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  treasurer's  de- 
partment, two  thousand  five  hundred  dollars. 

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

For  the  salary  of  the  cashier  in  the  treasurer's  depart- 
ment, two  thousand  dollars. 
Third  clerk.  YoY   the    salaT}^  of  the  third    clerk  in   the   treasurer's 

department,  one  thousand  four  hundred  dollars. 
Fund  clerk.  For  the  Salary  of  the  fund  clerk  in  the  treasurer's  de- 

partment, one  thousand  four  hundred  dollars. 
Receiving  teller.      YoY  tlic  Salary  of  the  rcceiviug  teller  in  the  treasurer's 
department,  one  thousand  four  hundred  dollars. 


First  clerk. 


Second  clerk. 


Cashier. 


1889.  — Chapter  4.  779 

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. 
department  as  may  be  necessary  for  the  despatch  of  pub- 
lic business,  a  sum  not  exceeding  one  thousand  dollars. 

TAX    commissioner's    DEPART3IENT. 

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

ii  Tin  commissioner. 

thousand  dollars. 

For   the    salary  of  the  first  clerk  in  the  ofl5ce  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  five  hundred  dollars. 

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

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

T     1    11  accounts. 

sand  dollars. 

For  the  salary  of  the  first  clerk  in  the  auditor's  depart-  ^"^^  '='e''^- 
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  three  extra  clerks  in  the  auditor's  Extra  cierks. 
department,  one  thousand  two  Jiundred  dollars  each  ;  and 
for  such  additional  clerical  assistance  as  the  auditor  may 
find  necessary,  a  sum  not  exceeding  five  hundred  dollars. 

attorney-general's  department. 
For  the  salary  of  the  attorney-ofeneral,  four  thousand  ^"o^ney- 

''  ./    c  '  general. 

dollars. 

For  the  salarj^  of  the  assistant  attorney-general,  two  Assistant. 
thousand  dollars. 

For  the  salary  of  the  second  assistant  attorney-general,  fgg'^gjlfnt 
one  thousand  dollars. 

commissioners   and  others. 

For  the  salaries  of  the  commissioners  of  savings  banks.  Commissioners 
six  thousand  dollars.  ^LTJ!°'" 

For  the  salary  of  the  first  clerk  of  the  commissioners  First  and 
of  savings  banks,  one  thousand  five  hundred  dollars  ;  for  '''°'"' ''''^'- 


780 


1889.  —  Chapter  4. 


Insurance 
commissioner. 

Deputy. 

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


Inspectors  of 
gas  meters. 


Commissioners 
of  prisons, 
secretary. 

Clerical 
asBistance. 


Ageiits. 


Agent  for  dis- 
charged female 
prisoners. 


Railroad 
commissioners. 


Clerk. 


Assayer  and 
inspector  of 
liquors. 

Chief,  bureau  of 
statistics  of 
labor. 

First  clerk. 


Second  clerk. 


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  dollare. 

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  insur- 
ance commissioner  may  find  necessary  for  the  despatch  of 
public  business,  a  sum  not  exceeding  nine  thousand  eight 
hundred  and  twenty  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  ofiice  of  the  commissioners 
of  prisons,  a  sum  not  exceeding  two  thousand  five  hun- 
dred dollars. 

For  salaries  of  agents  to  the  commissioners  of  prisons, 
two  thousand  four  hundred  dollars. 

For  the  salary  of  the  agent  for  aiding  discharged  female 
prisoners,  a  sum  not  exceeding  seven  hundred  and 
seventy-five  dollars. 

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

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

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

For  the  salary  of  the  assayer  and  inspector  of  liquors, 
one  thousand  two  hundred  dollars. 

For  the  salary  of  the  chief  of  the  bureau  of  statistics 
of  labor,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  first  clerk  in  the  bureau  of  sta- 
tistics of  labor,  one  thousand  eight  hundred  dollars. 

For  the  salary  of  the  second  clerk  in  the  bureau  of  sta- 
tistics of  labor,  one  thousand  five  hundred  dollars. 


1889.  —  Chapter  4.  781 

For  such  additional  assistance,  and  for  such  expenses  Additional 
of  the  bureau  of  statistics  of  labor  as  may  be  necessary,  expenses!'*"^ 
a  sum  not  exceeding  five  thousand  dollars. 

For  expenses  in  connection  with  the  annual  collection  statistics  of 

/.,,.,.  /.  c      1.  J.  j'„'       niauufactuies. 

01  statistics  oi    manuractures,  a  sum    not    exceeding  six 
thousand  five  hundred  dollars. 

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

For  clerical  assistance,  salaries  and  expenses  of  agents,  Clerical 

T         , ,  /•    ^  1  •       •  aasistaiice  and 

and  other  necessary  expenses    oi   the    commissioners  on  expenses. 
state  aid,  a  sum  not  exceeding  six  thousand  two  hundred 
and  forty  dollars. 

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

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

For  the  salary  of  the  chief  examiner  of  the  civil  ser-  civii  Bcryice 
vice  commission,  two  thousand  five  hundred  dollars  ;  and 
for  the  salary  of  the  secretary  of  said  commission,  one 
thousand  five  hundred  dollars. 

For  the  salaries  of  the  gas  commissioners,  eight  thou-  Gas 
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  accounts. 
the    clerks  of  the   controller   of  county  accounts,  three 
thousand  dollars. 

For  the  salaries  of  the  members  of  the  state  board  of  arbuniuon. 
arbitration,  six  thousand  dollars  ;  and  for   the  salary  of 
the  clerk  of  said  board,  a  sum  not  exceeding  nine  hun- 
dred dollars. 

For  the   compensation  of  the   armory  commissioners.  Armory 

.,  -y    c         y  11111  comraissioners. 

SIX  thousand  five  hundred  dollars. 

For  the  salary  of  the  state  pension  agent,  two  thousand  ageut.^'*'"^'''" 
dollars. 

AGRICULTURAL  DEPARTMENT. 

For  the  salary  of  the  secretary  of  the  state  board  of  ora'^Hcuiturey'' 
agriculture,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  secretary  of  the  state  cierk. 
board  of  agriculture,  one  thousand  two  hundred  dollars. 


commissioners. 


782 


1889.  —  Chapter  4. 


Cleiical 

assistance. 

Lectures. 


For  other  clerical  assistance  in  the  oflSice  of  the  secre- 
tary, of  the  state  board  of  agriculture,  and  for  lectures 
before  the  board  at  its  annual  and  other  meetings,  a  sum 
not  exceeding;;  ei2:ht  hundred  dollars. 


Secretary, 
board  of 
education. 


Assistant 
librarian 
and  clerk. 


Clerical 
assistance. 


Purchase  of 
books. 


EDUCATIONAL    DEPARTMENT. 

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

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

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

For  the  purchase  of  l)ooks'  for  the  state  library,  five 
thousand  dollars. 


Adjutant- 
general. 

First  clerk. 
Second  clerk. 


Additional 
clerk. 


Extra  clerks. 


Messen^rer. 


Additional  cler- 
ical assistance. 
Employees  at 
state  arsenal. 


Surgeon- 
general. 


MILITARY   DEPARTMENT. 

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

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

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

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

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

For  the  salary  of  the  messenger  in  the  adjutant-gen- 
eral's department,  eight  hundred  dollars. 

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

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


Secretary, 
board  of 
health. 


MISCELLANEOUS. 


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


1889.  —  Chapter  5.  783 

For  the  arrangement  and  preservation  of  state  records  state  records 
and  papers  under  the  direction  of   the  secretary  of  the  "'"^  i^'^i'*""- 
Commonwealth,  a  sum  not  exceeding  five  thousand  dol- 
hirs. 

For  extra  clerical  assistance  in  the  department  of  the  Extra  cicrks. 
secretary  of  the  Commonwealth  during  the  year  eighteen 
hundred    and    eighty-eight,  one  hundred  and  ninety-one 
dollars  and  sixty-seven  cents. 

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

Approved  January  29,  1889. 


Chap.  5 


1)itiding  public 
iocumeiits. 


acts 


An  Act  making  appropriations  for  printing  anu  binding 
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  ap-  Appropriatione. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-nine,  to  wit :  — 

For  printing    and   binding  the  series  of  public  docu-  Printing  and 
ments,  under  the  direction  of  the  secretary  of  the  Com-  ac 
mon wealth,  a    sum  not  exceedins'  thirtv-three   thousand 
dollars. 

For   printing   the    pamphlet   edition    of  the    acts    and  ^^j'^p^  „' 
resolves    of  the    present   year,  for   distribution    in    the  '"'d  lesoives. 
Commonwealth,  a    sum  not  exceeding   twenty-five  hun- 
dred dollars. 

For  printing  and  binding  the  "blue  book"  edition  of  edu'sou^oTac'ts 
the  acts  and  resolves  of  the  present  year,  with  the  gov-  an^i  resolves. 
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  ^J'ljyf^.P^PfJ 
all  information  intended  for  the  public,  a  sum  not  exceed-  of  laws,  etc. 
ing  five  hundred  dollars. 

For  reports  of  decisions  of  the  supreme  judicial  court.  Term  reports. 
a  sum  not  exceeding  twenty-four  hundred  dollars. 

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

For  registration   books  and  blanks,  indexing  returns,  Registration. 
and  editing  the  registration  report,  a  sum  not  exceeding 
two  thousand  dollars.  * 


78  i 


1889.  —  Chapter  6. 


Paper  for  Ktate 
priutiug. 


Tables  and 
indexeB. 


Legislative 
printing  aud 
binding. 


Printing  and 
disiribiiliug 
ballots. 


For  the  purchase  of  paper  for  the  Commonwealth,  used 
in  the  execution  of  the  contract  for  the  state  printing, 
under  the  direction  of  the  secretary  of  the  Common- 
wealth, a  sum  not  exceeding  twenty -two  thousand  dollars. 

For  preparation  of  tables  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  binding  ordered  by  the  senate  and 
house  of  representatives,  or  by  concurrent  order  of  the 
two  branches,  a  sum  not  exceeding  twenty-four  thousand 
live  hundred  dollars. 

For  printing  and  distributing  ballots,  as  provided  for 
in  chapter  four  hundred  and  thirty-six  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight,  a  sum  not  ex- 
ceeding fifteen  thousand  dollars. 

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

Approved  January  30,  1889. 


Chap.  G  -^^  -'^CT  MAKING  APPROPRIATIONS  FOR  CERTAIN  ALLOWANCES 
AUTHORIZED  BY  THE  LEGISLATURE  AND  FOR  CERTAIN  OTHER 
EXPENSES   PROVIDED   FOR   BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, to  provide  for  certain  yearly  allowances  authorized 
by  the  legislature,  and  to  provide  for  expenses  for  certain 
public  buildings,  to  wit :  — 

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

For  maintaining  an  agricultural  experimental  station  at 
the  Massachusetts  agricultural  college,  in  the  town  of 
Amherst,  the  sum  of  ten  thousand  dollars. 

For  the  Massachusetts  agricultural  college,  for  the  pur- 
pose of  providing  eighty  free  scholarships,  the  sum  of  ten 
thousand  dollars. 

For  the  Massachusetts  school  for  the  feeble-minded, 
the  sum  of  twenty-five  thousand  dollars. 

For  the  Perkins  institution  and  Massachusetts  school 
for  the  blind,  the  sum  of  thirty  thousand  dollars. 

To  enable  small  towns  to  provide  themselves  with 
school  superintendents,  a  sum  not  exceeding  twelve  thou- 
sand five  hundred  dollars. 


Appropriations. 


Wrecks,  etc.,  in 
tide-waters. 


Agricultural 
experimental 


Agricultural 
college. 


School  for  the 
feeble-minded. 


School  for 
the  blind. 


School  super- 
intendents. 


1889.  — Chapter  7.  785 

For  the  erection  of  new  buildino;s  at  the  state  farm  at  stutefarmat 

v.  ,  T     1     11  liriugewaier. 

Bridgewater,  a  sum  not  exceedmg  thirty  thousand  dollars, 
being  in  addition  to  the  amount  authorized  by  the  appro- 
priation of  the  year  eighteen  hundred  and  eighty-eight 
for  the  same  purpose. 

For  the  Massachusetts  institute  of  technology,  the  sum  institute  of 
of  fifty  thousand  dollars.  ^'^  uoogy. 

For  the  erection  of  buildings  in  the  city  of  Waltham  Buildings  in 
for  the  use  of  the  Massachusetts  school  for  the   feeble-  schooi'for  the 
minded,  a  sum  not  exceeding  seventy-five  thousand  dol-  f««i>'«-"""ded. 
lars,  being  in  addition  to  the  sum  appropriated  by  chapter 
four  hundred  and  forty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-eight. 

For  a  new  school  building  at  the  state  normal  school  at  Nornjai  school 

_,  .        ,  1  •/>,-('  j^i  1    "'  Fraraingham. 

Frammgham,  a  sum  not  exceeding  ntty-iour  thousand 
seven  hundred  fifty-three  dollars  and  fifty-seven  cents, 
being  in  addition  to  the  amount  appropriated  by  chapter 
four  hundred  and  forty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-eight. 

For  salaries  and  expenses  in  connection  with  the  inspec-  inspection  of 
tion  of  milk,  food  and  drugs,  a  sum  not  exceeding  ten  ""  •  o°  •«<=• 
thousand  dollars. 

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

Approved  January  30,  1889. 

An  Act  making  appropriations  for  the  maintenance  of  the  njfQr)^  7 

JUDICIAL      DEPARTMENTS   '  OF      THE      GOVERNMENT     DURING     THE 
PRESENT   YEAR. 

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,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-nine,  to  wit :  — 

SUPREME    JUDICIAL    COURT. 

For   the  salary  of  the  clerk  of  the   supreme  judicial  j^XfaTcoun, 
court,  three  thousand  dollars.  '^''='^- 

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

For  the  salaries  of  the  officers  and  messenger  of  the  oiricersand 
supreme  judicial  court,  sixteen  hundred  dollars.  meseeugci. 


'86 


1889.  —  Chaptek  7. 


Clerk  for 
Suffolk. 


Expenses. 


For  the  salary  of  the  clerk  of  the  supreme  judicial  court 
for  the  county  of  Suffolk,  fifteen  hundred  dollars. 

For  expenses  of  the  supreme  judicial  court,  a  sum  not 
exceedinir  two  thousand  dollars. 


SUPERIOR    COURT. 


superior  court, 
—  chief  justice. 


Associate 
justices. 


For  the  salary  of  the  chief  justice  of'  the  superior 
court,  six  thousand  dollars. 

For  the  salaries  of  the  thirteen  associate  justices  of  the 
superior  court,  seventy-one  thousand  five  hundred  dollars. 


-Tiidsjes,  probate 
aiifl  iiisolveucy, 
—  Suffolk. 

Middlesex. 


Worcester. 
Essex. 

ISTorfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Ilampden. 

Hampshire. 
Franklin. 
Barnstable. 
Nantucket. 
DukoB  county. 


COURTS    OF    PROBATE    AND    INSOLVENCY. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Suffolk,  five  thousand  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Middlesex,  three  thousand  five  hundred 
dollars. 

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

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

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Norfolk,  twenty-five  hundred  dollars. 

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

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

For  the  salary  of  the  judge  of  proljate  and  insolvency 
for  the  county  of  Berkshire,  sixteen  hundred  dollars. 

For  the  salarj^  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Hampden,  twenty-five  hundred  dol- 
lars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Hampshire,  fourteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Franklin,  fourteen  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Barnstable,  twelve  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Nantucket,  five  hundred  dollars. 

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


1889.  — Chapter  7.  787 

For  the  salary  of  the  register  of  probate  and  insolvency  Registers,— 
for  the  county  of  Suffolk,  three  thousand  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Middlesex. 
for  the  county  of  Middlesex,  two  thousand  dollars. 

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  Bristol. 
for  the  county  of  Bristol,  eighteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Plymouth. 
for  the  county  of  Plymouth,  fifteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Hampden. 
for  the  county  of  Hampden,  eighteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Berkshire. 
for  the  county  of  Berkshire,  sixteen  hundred  dollars. 

For  the  salary  of  the  register  of    probate  and  insol-  Hampsbire. 
vency  for  the  county  of  Hampshire,  fourteen  hundred  dol- 
lars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Frankiin. 
for  the  county  of  Franklin,  fourteen  hundred  dollars. 

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

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

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

For  the  salary  of  the  assistant  register  of  probate  and  J^rs!— "suffolk. 
insolvency  for  the  county  of  Suffolk,  two  thousand  dol- 
lars. 

For  the  salary  of  the  assistant  register  of  probate  and  ""^'^'««^'=- 
insolvency  for  the  county  of  Middlesex,  eighteen  hundred 
dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  ^^°'"'=''^''^'"- 
insolvency  for  the  county  of  Worcester,  eighteen  hundred 
dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  e«^^^- 
insolvency  for  the  county  of  Essex,  eighteen  hundred  dol- 
lars. 

For  the  salary  of  the  assistant  register  of  probate  and  ^0'^°"^- 
insolvency  for   the    county  of  Norfolk,    eleven   hundred 
dollars. 


788 


1889.  — Chapter  7 


Clerk, - 
Suffolk 


Cleric.il  agsisit- 
ance,—  Suffolk. 


Middlesex. 


For  the  salary  of  tlie  clerk  to  the  register  of  probate 
and  msolvency  for  the  county  of  Suffolk,  twelve  hundred 
dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Suffolk,  fifteen  hundred 
dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Middlesex,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Essex,  a  sum  not  exceed- 
ing one  thousand  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Worcester,  a  sum  not 
exceeding  eight  hundred  dollars. 

For  extra  clerical  assistance  to  the   courts    of  probate 
several  counties,  and  iusolvcucy  in  the  several  counties  of  the  Common- 
wealth,  a   sum   not  exceeding  sixty-four    hundred    dol- 
lars. 
Expenses.  Por  cxpeuses  of  courts  of  probate  and  insolvency,  a 

sum  not  exceeding;  two  thousand  dollars. 


Essex. 


Worcester. 


Extra  clerical 
assistance  in  the 


Bistrict  attor- 
ney,—Suffolk. 


First  assistant. 


Second 
assistant. 


Clerk. 


Bistrict  attor- 
nej-,  —  northern 
district. 

Eastern  district. 


Southeastern 
district. 


Southern 
district. 


Middle  district. 


Western 
district. 


DISTRICT    ATTORNEYS. 

For  the  salary  of  the  district  attorney  for  Suffolk  dis- 
trict, five  thousand  dollars. 

For  the  salary  of  the  first  assistant  district  attorney  for 
Suffolk  district,  twenty-eight  hundred  dollars. 

For  the  salary  of  the  second  assistant  district  attorney 
for  Suffolk  district,  twenty-five  hundred  dollars. 

For  the  salary  of  the  clerk  for  the  district  attorney  for 
Suffolk  district,  twelve  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northern 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  eastern 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  south- 
eastern district,  twenty-one  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southern 
district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  middle 
district,  twenty-one  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  western 
district,  twenty-one  hundred  dollars. 


1889.  —  Chapter  8.  789 

For  the  salary  of  the  district  attorney  for  the  north-  ^°t'rk;7^*'®''" 
western  district,  thirteen  hundred  and  fifty  doHars. 

Section  2.     This  act  sliall  take  eftect  upon  its  passage. 

Approved  February  1,  1889. 

An  Act  making  appropriations  for  compensation  and  mile-  (JJiaj)     g 

AGE   OF    officers    AND    MEN    OF    THE    VOLUNTEER   MILITIA,   AND 
FOR  OTHER   EXPENSES   OF  THE   MILITARY   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

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

For  compensation  of  officers  and  men  of  the  volunteer  Miiitia,— 
militia,  a  sum  not  exceeding  one  hundred  thousand  dollars.  ^"'"p^'"*'''''°°- 

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

For  incidental  and  contingent  expenses  of  the  adjutant-  incidental 
general's  department,  a  sum  not  exceeding  thirty-five  '^^'**^°^^®- 
hundred  dollars. 

For   rent   of  bricrade   and   battalion  headquarters  and  nendquartera 
company  armories,  a  sum  not  exceeding  thirty-six  thou- 
sand dollars. 

For   quartermasters'    supplies,    a    sum    not    exceeding  Quartermasters' 
twelve  thousand  dollars.  ""'''^  "^^' 

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

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

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

For  medical    supplies   for   the   use    of  the   volunteer  Medical 
militia,  a  sum  not  exceeding  five  hundred  dollars.  euppies. 

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

For  expenses  in  connection  with  the  record  of  Massa-  Record  of 

1  ,,  /.I  .,  1  .  .  1     sailors  and 

cnusetts  orhcers,  sailors  and  marines,  a  sum  not  exceed-  maiines. 
ino;  two  thousand  dollars. 


790 


1889.  —  Chapter  9. 


Pispoeition  of 
proceeds  of  sale 
of  grass  at 
camp  ground. 


Any  sums  of  money  received  under  the  provisions  of 
section  eighty-seven  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  dur- 
ing the  3'ear  eighteen  hundred  and  eighty-nine,  may  be 
expended  by  the  quartermaster-general  during  the  pres- 
ent 3'ear,  under  the  direction  of  the  governor  and  coun- 
cil, for  the  construction  and  repair  of  buildings  or  other 
structures. 

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

Approved  February  i,  1889. 


Chap.  9 


Appropriations. 


State  normal 
schools. 


State  normal 
art  school. 


Teachers' 
institutes. 


County 

teachers' 

associations. 


Massachusetts 

teachiTs' 

association. 


An    Act    making   appropriations    for   certain   educational 

expenses. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1 .  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  except  as  herein 
provided,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  3^ear  eighteen  hundred 
and  eighty-nine,  to  wit :  — 

For  the  support  of  state  normal  schools,  a  sum  not 
exceeding  seventy-three  thousand  thirty-nine  dollars  and 
fifty  cents,  to  be  paid  out  of  the  moiety  of  the  income  of 
the  Massachusetts  school  fund  applicable  to  educational 
purposes,  and  the  excess,  if  any,  from  the  treasury  of  the 
Commonwealth. 

For  the  support  of  the  state  normal  art  school,  a  sum 
not  exceeding  sixteen  thousand  dollars,  to  be  paid  out  of 
the  moiety  of  the  income  of  the  Massachusetts  school 
fund  applicable  to  educational  purposes,  and  the  excess, 
if  any,  from  the  treasury  of  the  Commonwealth. 

For  expenses  of  teachers'  institutes,  a  sum  not  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 


1889.  — Chapter  10.  791 

educational  purposes,  subject  to  the  approval  of  the  state 
board  of  education. 

For  salaries  and  expenses  of  the  agents  of  the  state  Board  of  educa- 
board  of  education,  a  sum  not  exceeding  thirteen  thou-  etc°'^  aVems!' 
sand  seven  hundred  and  tift}^  dollars. 

For  incidental  expenses  of  the  state  board  of  education,  incidental 
and  of  the  secretary  thereof,  a  sum  not  exceeding  twelve  ^^p''"*^*- 
hundred  dollars. 

For  the  Dukes  county  teachers'  association,  the  sum  of  t^achers^""'^ 

fifty  dollars.  association. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not  Pnpiis  in  state 

,>  i  ii-  •  1   normal  schools. 

exceeding  tour  thousand  dollars,  payable  in  semi-annual 
payments,  to  be  expended  under  the  direction  of  the 
state  board  of  education. 

For  travelling  and  other  necessary  expenses  of  the  Travelling 
state  board  of  education,  a  sum  not  exceeding  four  hun-  uoardr^" 
dred  dollars. 

For  the  education  of  the  deaf  pupils  of  the  Common-  Deaf  pupiis. 
wealth  in  the  schools  designated  by  law,  a  sum  not  ex- 
ceeding thirty-two  thousand  dollars. 

For  contingent  expenses  of  the  state  library,  to  be  ex-  contingent 
pended  under  the  direction  of  the  trustees  and  librarian,  ubmry?* 
a  sum  not  exceedincr  eight  hundred  dollars. 

The   income    of  \he  Rogers   book  fund,  of  the  Todd  Kand  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. 

Apinoved  February  4,  1889. 

An  Act  to  authorize  the  new  England  shoe  and  leather  (JJkxt).   10 
association     to    hold     additional     real     and     personal 

ESTATE. 

JBe  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  two  of  chapter  twelve  of  the  acts  May  how 

/..,  'li  ^  1        1  J  '11        additional  real 

or   the   year   eighteen    hundred    seventy-one    is    hereby  and  personal 
amended  to  read  as  follows  :  —  The  New  England  Shoe  ®*'"^°" 
and    Leather   Association   may   hold   real    and   personal 
estate  to  an  amount  not  exceeding  five  hundred  thousand 
dollars,  and  the  income  thereof  shall  be  devoted  exclu- 
sively to  the  purposes  of  said  corporation. 

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

Approved  February  4,  1889. 


792 


1889.  — Chapters  11,  12,  13. 


Chap.  11  Ax  Act 


Second  asfiietant 
clerk  of  the 
courts  for 
Middleuex. 


PROVIDING     FOR    A    SECOND     ASSISTANT     CLERK     OF    THE 
COURTS    FOR   THE   COUNTY   OF   3IIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  justices  of  the  supreme  judicial  court, 
or  a  majority  of  them,  shall  appoint  a  second  assistant 
clerk  of  the  courts  for  the  county  of  Middlesex,  who 
shall  hold  his  office  and  be  subject  to  all  the  provisions  of 
law  concerning  assistant  clerks  of  courts,  and  receive  an 
annual  salary  of  two  thousand  dollars,  to  be  paid  by  said 
county. 

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

Aj)proved  February  4,  1889. 


Chaj).     12  '^^'     A^^     '^^     ESTABLISH     THE     SALARY     OF    TPIE    JUSTICE    OF    THE 
FIRST   DISTRICT   COURT    OF    SOUTHERN   MIDDLESEX. 


Salary 
established. 


Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  salary  of  the  justice  of  the  first  dis- 
trict court  of  southern  jNIiddlesex  shall  be  fifteen  hundred 
dollars  per  annum,  to  be  so  allowed  from  the  first  da}' 
of  January  in  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Aj)proved  February  4,  1889. 


Chap. 


Appropriation. 


Lyman  school 
for  boys  at 
Westborough. 


1 Q  An  Act  making  appropriations  for  salaries  and  expenses 

AT   THE   LYMAN   SCHOOL    FOR   BOYS   AT    WESTBOROUGH. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  payment  of 
salaries  and  expenses  at  the  Lyman  school  for  boys  at 
Westborough,  for  the  year  ending  on  the  thirty-first  day 
of  December  in  the  year  eighteen  hundred  and  eighty- 
nine,  to  wdt : — 

For  the  payment  of  salaries,  wages  and  labor  at  the 
Lyman  school  for  boys  at  Westborough,  a  sum  not  ex- 
ceeding fifteen  thousand  dollars ;  and  for  other  current 
expenses  of  said  institution,  a  sum  not  exceeding  twent}'- 
two  thousand  three  hundred  dollars. 

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

Approved  February  4,  1889. 


1889.  — Chapters  14,  15,  16.  793 


An  Act  making  appropriations  for  salaries   and  expenses  (JJidj)^   14 

AT  THE   STATE    INDUSTRIAL    SCHOOL   FOR    GIRLS. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriation. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  at  the  state  industrial  school 
for  girls  at  Lancaster,  for  the  year  ending  on  the  thirty- 
first  day  of  December  in  the  year  eighteen  hundred  and 
eighty-nine,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  state induBtrini 
state  industrial  school  for  girls  at  Lancaster,  a  sum  not  at  Lancaster. 
exceeding  seventy-three  hundred  dollars  ;   and  for  other 
current  expenses  at  said  institution,  a  sum  not  exceeding 
eleven  thousand  four  hundred  dollars. 

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

Approved  February  4,  1889. 

An  Act  making  appropriations  for  salaries  and  expenses  (JJiqj)^   25 
at  the  state  primary  school  at  monson. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriation. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordi^iary  revenue,  for  the  payment 
of  salaries  and  expenses  at  the  state  primary  school  at 
Monson,  for  the  year  ending  on  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  eighty-nine, 
to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  state  primary 
state   primary  school    at   Monson,  a  sum  not  exceeding  Monson. 
seventeen  thousand  dollars  ;  and  for  current  expenses  at 
said  institution,  a  sum  not  exceeding  thirty-three  thou- 
sand dollars;    and' for  boarding  out  children,  a  sum  not 
exceedino;  five  thousand  dollars. 

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

Approved  February  4,  1889. 

An  Act  to  establish  the  salary  of  the  treasurer  of  the  (JJ^ajj^   1(5 

COUNTY   of  BRISTOL, 

Be  it  enacted,  etc.,  as  folloios: 

Section.  1.     The  salary  of  the  treasurer  of  the  county  saiary 
of  Bristol  shall  be  eighteen  hundred  dollars  a  year,  to  be  ** '' 


794  1889.  — Chapters  17,  18. 

so  allowed  from  the  first  day  of  January  in  the  year  eight- 
een hundred  and  eighty-nine. 

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

Approved  February  4,  1889. 

Gliap.     17  -^^   -^CT   TO    AUTHORIZE    THE   BOSTON   CHILDREN'S    FRIEND    SOCIETY 
TO   HOLD   ADDITIONAL    REAL    AND    PERSONAL   ESTATE. 

"Be  it  enacted,  etc.,  as  follows: 
May  hold  addi.        Section  1.     The  Boston  Children's  Friend  Society  is 

tional  real  and  -i'itiii 

personal  estate,  hereby  authorizcd  to  nold  real  and  personal  estate  to  an 
amount  not  exceeding  one  hundred  thousand  dollars  in 
addition  to  the  amount  authorized  by  chapter  sixty-six  of 
the  acts  of  the  year  one  thousand  eight  hundred  and 
thirty-four,  and  chapter  one  hundred  and  thirty-six  of  the 
acts  of  the  year  one  thousand  eight  hundred  and  sixty- 
nine. 

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

Approved  February  4,  1889. 

CJiaV.  18  ^^  -^^"^  MAKING  APPROPRIATIONS  FOR  CARRYING  OUT  THE  PRO- 
VISIONS OF  THE  ACT  RELATING  TO  THE  EMPLOYMENT  OF  PRIS- 
ONERS  IN   THE    PRISONS   OF    THE   COMMONAVEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  SECTION  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  the  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  during  the 
year  eighteen  hundred  and  eighty-nine,  to  wit :  — 

General  For  the  Compensation  of  the  general  superintendent  of 

superintendent  .  ji-j/^         i  iiin 

of  prisons.         pi'isous,  thii'ty-iive  hundred  dollars. 

Clerical  YoY  clcrical  assistaucc  to  the  general  superintendent  of 

prisons,  a  sum  not  exceeding  eight  hundred  dollars. 
conun'ent''"'^         "^^^  incidental  and  contingent  expenses  of  the  general 
expenses.  Superintendent  of  prisons,  to  include  rent  of  office,  a  sum 

not  exceeding  fifteen  hundred  dollars. 
Travelling  YoY  travelHno;  expenses  of  the  general  superintendent 

expenses.  „.  '^  '■  ,  .^  ,  iiin 

of  prisons,  a  sum  not  exceedmg  six  hundred  dollars. 

Industries  at  YoY  maintaininof  industries  at  the  state  prison  at  Bos- 

state  pnson.  ^       ^.  ^         1       -i         -i   n  f         ^  i 

ton,  a  sum  not  exceeding  two  hundred  and  nrty  thousand 
dollars. 


1889.  — Chapters  19,  20,  21.  795 

For  maintaining  industries  at  the  Massachusetts  reform-  industries  at 
atory,  a  sum  not  exceeding  fifty  tliousand  dollars.  reformatory'^* 

For  maintaining  industries  at  the   reformatory  prison  Reformatory 
for  women,  a  sum  not  exceeding  twenty  thousand  dollars.  womeu°' 

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

Approved  February  4,  1889. 

An  Act  to  establish  the  salary  of  the  clerk  of  the  police  Ql^n^    29 

COURT   OF   MARLBOROUGH. 

jBe  it  enacted,  etc. ,  as  follows  : 

Section  1.     The  annual    salary   of  the    clerk   of  the  saiary 
police  court  of  Marlborough  shall  be  five  hundred  dollars 
from  the  first  day  of  January  in  the  year  eighteen  hundred 
and  eighty-nine. 

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

Approved  February  o,  1889. 


established. 


Chap.  20 


An   Act  to  authorize  the  lenox  club  of    lenox  to  hold 

additional  real  and  personal  estate. 
Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The   Lenox    Club   of    Lenox    is    hereby  May  hoia  addi. 
authorized  to  hold  real  and  personal  estate  to  an  amount  persona'i  estate. 
not  exceeding  seventy-five  thousand  dollars,  in  addition 
to  the  amount  authorized  by  chapter  fifteen  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-four. 

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

Approved  February  5,  1889. 


Chap,  21 


An  Act  to  authorize  towns  to  celebrate  the  two  hundred 

and  fiftieth  anniversaries  of  their  incorporation. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  eleven  of  chapter  twenty-seven  of  T?«'°«™ay 
the  Public   Statutes  is  hereby  amended  by  adding  after  tuxaiion  tor 

-  -  "^  ^  celebration  of 


the   word    "centennial"  in  the   fourth  line   thereof  the  two  hundred 

and  fiftieth 
anniversary. 


words  :  —  or  two  hundred  and  fiftieth,  —  so  that  the  same  ""''  *'^''*"'' 


as  amended  will  read  as  follows  :  —  A  town  may  at  its 
annual  meeting  raise  by  taxation  a  sum  of  money,  not 
exceeding  one-tenth  of  one  per  cent,  of  its  assessed  valu- 
ation for  the  year  last  preceding,  for  the  purpose  of 
celebrating  any  centennial  or  two  hundred  and  fiftieth 
anniversary  of  its  incorporation,  and  of  publishing  the 
proceedings  of  any  such  celebration. 

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

Approved  February  7,  1889. 


796 


1889.  —  Chapter  22. 


Chap.  22  ^^  "'^^'^  MAKING  APPROPRIATIONS  FOR  DEFICIENCIES  IN  APPROPRIA- 
TIONS FOR  CERTAIN  EXPENSES  AUTHORIZED  IN  THE  YEAR  EIGHT- 
EEN  HUNDRED   AND   EIGHTY -EIGHT. 

Be  it  enacted,  etc.,  as  foUoics: 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  tlie  payment 
of  certain  expenses  in  excess  of  appropriations  therefor, 
in  the  year  eighteen  hundred  and  eighty-eight,  to  wit :  — 

For  incidental  expenses  of  the  state  board  of  agri- 
culture, sixty-six  dollars  and  ninety-one  cents. 

For  current  expenses  at  the  Lyman  school  for  boys, 
fifty-six  dollars  and  twenty-eight  cents. 

For  incidental  expenses  in  the  department  of  the  insur- 
ance commissioner,  two  hundred  and  eighty-one  dollars 
and  nineteen  cents. 

For  incidental  expenses  of  the  state  pension  agent, 
three  hundred  and  thirty-seven  dollars. 

For  the  board  of  prisoners  removed  from  the  reforma- 
tory prison  for  women,  two  hundred  and  eighteen  dollars 
and  thirteen  cents. 

For  expenses  of  the  agent  for  aiding  discharged  female 
prisoners,  fifty  dollars  and  thirty-four  cents. 

For  contingent  expenses  of  the  commissioners  of 
prisons,  one  hundred  and  fifty-four  dollars  and  seventy- 
four  cents. 

For  contingent  expenses  of  the  railroad  commissioners, 
one  thousand  and  forty-four  dollars  and  fifty-six  cents. 

For  the  publication  of  a  digest  of  railroad  laws,  one 
hundred  and  thirty-three  dollars  and  sixty-two  cents. 

For  expenses  in  connection  with  taking  the  decennial 
census,  thirteen  hundred  and  thirty-six  dollars  and  ninety- 
two  cents. 

For  printing  and  binding  the  blue  book  edition  of  the 
acts  and  resolves,  four  hundred  and  nine  dollars  and 
twelve  cents. 

For  compensation  of  officers  and  men  of  the  volunteer 
militia,  fifteen  hundred  and  twenty-seven  dollars  and 
thirty-two  cents. 

For  expenses  in  connection  with  the  state  normal  school 
at  Worcester,  seven  hundred  and  twenty-nine  dollars  and 
seventy-six  cents. 

For  current  expenses  at  the  state  almshouse  at  Tewks- 


Appropriations 


State  board  of 
agriculture. 

Lyman  Bchool 
for  boys. 

Insurance 
comuiissioner. 


State  pension 
agent. 

Prisoners 
removed  from 
reformatory 
prison  for 
women. 

Agent  for  dis- 
charged female 
prisoners. 

Oommiggioners 
of  prisons. 


Railroad 
commissioners. 

Digest  of 
railroad  laws. 

Decennial 
census. 


Blue  book 
edition  of  laws. 


Volunteer 
militia. 


State  normal 
school  at 
Worcester. 


State  almshouse 
al  Tewksbury. 


1889.  — Chapter  23.  797 

bury,  eight  thousand  six  hundred  and  fifty-nine  dollars 
and  fifty-eight  cents. 

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

Ajyproved  February  11,  1889. 

An    Act    making    appropriations     for    sundry    charitable  (JJiaj).  23 

EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  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-nine,  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  ^'^."^  ^""^ 

.J  /•  1       1        •  auditor. 

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  lu-door  poor. 
poor,  a  sum  not  exceeding  thirty-one  thousand  dollars. 

For   salaries  and  expenses  in  the  department  of  out-  outdoor  poor. 
door  poor,  a  sum  not  exceeding  eighteen  thousand  three 
hundred  dollars. 

For   salaries   and   expenses  in  the  department  of  the  inspector. 
inspector  of  institutions,  a  sum  not  exceeding  ten  thou- 
sand dollars. 

For   travelling   and    other   necessary  expenses  of  the  Auxiliary 
auxiliary  visitors  of  the  state  board  of  lunacy  and  charity,  ^■""'^""• 
a  sum  not  exceeding  fifteen  hundred  dollars. 

MISCELLANEOUS    CHARITABLE     EXPENSES. 

For  the    support   and   relief  of  state    paupers  in  the  state  paupers  in 
lunatic  hospitals   and   asylums  of  the  Commonwealth,  a  hospi'tais. 
sum  not  exceeding  one  hundred  and  fifty-four  thousand 
dollars. 

For  the  transportation  of  state  paupers,  a  sum  not  ex-  Transportation 
ceeding  fifteen  thousand  dollars.  °  saepaupers. 

For   the    transportation    of  state  paupers  to  the  state  Transportation 
almshouse,  a  sum  not  exceeding  seven  hundred  dollars.  '*'''"^  °"*®- 


798 


1889.  —  Chapter  23. 


Settlement  and 
bastardy. 


Indigent  and 

neglected 

children. 


Infant  asylums. 


Siel:  state 
paupers. 


Burial  of 
state  paupers. 


Temporary 
support. 


Outside 
foundlings. 

Paupers  in 
school  for  the 
feeble-minded. 


Dangeroiis 
diseases. 


Medical 
examinations 
and  inquests. 


Johonnot 
annuities. 


Annuities  to  sol- 
diers and  others. 


Pensions. 


exceeding 


For  expenses  attending  the  management  of  cases  of 
settlement  and  bastardy,  a  sum  not  exceeding  one  thou- 
sand dollars. 

For  the  care  and  maintenance  of  indiojent  and  neglected 
children  and  juvenile  offenders,  a  sum  not  exceeding  fif- 
teen 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  sixty-five  hundred  dollars. 

For  the  support  of  sick  state  paupers  by  cities  and 
towns,  a  sum  not  exceeding  forty -two  thousand  five  hun- 
dred dollars,  which  is  made  applicable  for  the  payment  of 
claims  for  the  present  and  previous  years. 

For  the  burial  of  state  paupers  by  cities  and  towns,  for 
the   present   and   previous   years,  a  sum  not 
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  fourteen  thousand  dollars. 

For  the  support  and  transportation  of  outside  found- 
lings, a  sum  not  exceeding  ten  thousand  dollars. 

For  the  support  of  state  paupers  in  the  Massachusetts 
school  for  the  feeble-minded,  a  sum  not  exceeding  five 
thousand  dollars. 

For  expenses  incurred  in  connection  with  small-pox 
and  other  diseases  dangerous  to  the  public  health,  a  sum 
not  exceeding  three  thousand  dollars,  which  is  made 
applicable  for  the  payment  of  claims  for  the  present  and 
previous  years. 

For  expenses  incurred  in  connection  with  medical 
examinations  and  inquests,  a  sum  not  exceeding  thirty- 
five  hundred  dollars. 

For  annuities  due  from  the  Commonwealth  incurred  by 
the  acceptance  of  the  bequest  of  the  late  Martha  Johon- 
not, a  sum  not  exceeding  eight  hundred  dollars. 

For  annuities  to  soldiers  and  others,  authorized  by  the 
legislature,  a  sum  not  exceeding  thirty-two  hundred  and 
fifty-six  dollars. 

For  pensions,  a  sum  not  exceeding  five  hundred  and 
twenty  dollars. 

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

Approved  February  14,  18S9. 


1889.  — Chapter  24.  799 


An  Act  making  appropriations  for  salaries  and  expenses  at  (77iar).   24 

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

Be  it  enacted.)  etc. ,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, 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-nine,  to  wit :  — 

For   the  payment   of  salaries   and  wages  at  the  state  state  prison, 
prison  at  Boston,  a  sum  not  exceeding  fifty-seven  thou-  expenses." 
sand  two  hundred  dollars  ;  and  for  other  current  expenses 
at   said   institution,   a    sum   not   exceeding   seventy-four 
thousand  five  hundred  dollars. 

For  the  payment  of  salaries  and  wages  at  the  Massa-  Massachusetts 
chusetts    reformatory  at    Concord,  a  sum  not  exceeding  8a[arieB'"a°i'd' 
sixty-five  thousand  five  hundred  dollars  ;    and  for  other  expenses. 
current  expenses  of  said  institution  a  sum  not  exceeding 
one  hundred  and  six  thousand  five  hundred  dollars. 

For  the  payment  of  salaries  and  wages  at  the  reforma-  Reformatory 
tory  prison  for  women  at  Sherborn,  a  sum  not  exceeding  women,— 
twenty-five  thousand  dollars  ;  and  for  other  current  ex-  ^^agi?  '^°*^ 
penses  of  .said  institution,  a  sum  not  exceeding  thirty-two 
thousand  four  hundred  dollars. 

For  expenses  incurred  in  removing   prisoners    to  and  Removing 

1  .  O     I  prisoners. 

from  the  reformatory  prison  for  women,  a  sum  not  ex- 
ceeding two  hundred  dollars. 

For  expenses  incurred  in  removing  prisoners    to    and  ^formatmy"— 
from  the  Massachusetts  reformatory,  a  sum  not  exceeding  removing 
eight  hundred  dollars.  ^" 

For  the  payment  of  the  cost  of  supporting  prisoners  support  of  pris- 
removed  from  the  reformatory  prison  for  women,  a  sum  o"^*^""* '®'"°^*^ 
not  exceeding  four  hundred  dollars. 

For  board  of  prisoners  removed  from   the    Massachu-  Board  of 
setts    reformatory,   a    sum    not    exceeding   two    hundred  p"^°°®'*' 
dollars. 

For   the    salary  of  the  agent  for   aiding  cpnvicts  dis- Aid  to  convicts 
charged  from  the  state  prison,  one  thousand  dollars  ;  and  the stateVrisou. 
for  expenses  of  said  agent,  a   sum  not  exceeding  three 
thousand  dollars,  to  be  used  in    rendering  assistance  to 
said  convicts. 


800 


1889.  — Chapters  25,  26. 


Aid  to 
discharged 
female  convicts. 


Prisoners  dis- 
cliarged  from 
Massachusetts 
reformatory. 
Coraraissiouers 
of  prisons. 


Travelling 
expenses. 


Fugitives 
from  Justice. 


For  expenses  of  the  agent  for  aiding  discharged  female 
convicts  discharged  from  the  prisons  of  the  Common- 
wealth, to  include  assistance  rendered  to  said  convicts,  a 
sum  not  exceeding  three  thousand  dollars. 

For  aiding  prisoners  discharged  from  the  Massachusetts 
reformatory,  a  sum  not  exceeding  live  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  commis- 
sioners of  prisons,  a  sum  not  exceeding  twelve  hundred 
dollars. 

For  travelling  expenses  of  the  commissioners  of  prisons, 
and  of  the  secretary  and  agents  of  said  commissioners,  a 
sum  not  exceeding  two  thousand  dollars. 

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

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

Approved  February  14,  1889. 


Time  for  com- 
pletion of 
works 
extended. 


Ghd]).  25  An  Act  m  fukther  addition    to    an  act    rela.ting  to  the 

MYSTIC   RIVEU    COKPOKATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  time  within  which  the  Boston  and 
Lowell  Railroad  Corporation  and  the  Boston  and  Maine 
Railroad,  or  either  of  them,  as  successors  to  the  franchises 
and  property  of  the  Mystic  River  Corporation,  may  com- 
plete the  works  and  improvements  authorized  and  required 
by  the  several  acts  relating  to  the  last  named  corporation, 
is  hereby  extended  to  the  first  day  of  March  in  the  year 
eighteen  hundred  and  ninety-one. 

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

Approved  February  14,  1889. 


Chap.  26  An  Act  to    incorporate   the    new    Bedford    real    estate 

ASSOCIATION. 


New  Bedford 
Real  Estate 
Association  of 
New  Bedford, 
incorporated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  George  F.  Kingman,  J.  Arthur  Beauvais, 
Frank  R.  Hadley  and  Edward  S.  Brown,  their  associates 
and  successors,  are  hereby  made  a  corporation  for  the 
term  of  thirty  years  from  the  date  of  the  passage  of  this 
act,  by  the  name  of  the  New  Bedford  Real  Estate  Associa- 
tion of  New  Bedford,  subject  to  the  provisions  of  chapter 
one  hundred  and  five  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 


1889.  —  Chapter  27.  801 

the  powers  and  be  subject  to  the  liabilities  and  restrictions 
prescribed  therein. 

Section  2.     The  said  corporation  shall  have  power  to  May  purchase, 

8611  etc*   rcnl 

purchase,  hold,  sell,  mortgage,  let  and  lease  real  estate  estate  in  coumy 
in  the  county  of  Bristol,  and  to  improve  the  same  b}^  the  °^  ^"«^°'- 
erection  of  dwelling  houses,  stores  and   other  buildings 
thereon,  or  otherwise,  as  may  be  expedient. 

Section  3.  The  capital  stock  of  said  corporation  shall  a,^^'ghare8°'^ 
be  fifty  thousand  dollars,  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each :  provided,  that  no  stock 
shall  be  issued  until  the  wdiole  amount  of  said  capital 
stock  shall  have  been  paid  in,  either  in  cash  or  property, 
the  value  of  which  property,  if  any,  shall  be  determined 
by  the  commissioner  of  corporations. 

Section  4.     The  said   corporation  may  from  time  to  May  increase 
time  increase  its  capital  stock  in  amounts  not  to  exceed  in 
the  aggregate  the  further  sum  of  two  hundred  and  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  deter- 
mined as  aforesaid;  and  also  provided,  that  a  certificate.  Certificate  of 
stating  the  amount  of  any  such  increase,  shall  w^ithin  ten  fiiea^wuh° 
days  thereafter  be  made,  signed  and  sworn  to  by  its  presi-  comm''o'^^w°eikh! 
dent,  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  eflect  upon  its  passage. 

Aj)pTOved  February  14,  1889. 

An  Act  ceding    to  the  united  states  jurisdiction    over  a  (JJidn    27 

PART   OF    gallop's   ISLAND   IN   BOSTON   HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Jurisdiction  is  hereby  granted  and  ceded  gJ'Jntedt'o"" 
to  the  United  States  over  so  much  of  Gallop's  island  in  united  states. 
Boston   harbor  as  may  be  required  for   the  construction 
and   protection  of  the   sea-walls  to    be   erected  for   the 
security  of  Boston  harbor. 

Section  2.     The  United  States  government  is  hereby  umtcd  states 
authorized  to  occupy  and  fill  such  flats  belonging  to  the  amf inliid 
Commonwealth,  and  to  place  in  or  over  tide-water  such  sfuctu'ea. 
structures  as  may  be  necessary  for  the  purposes  for  which 
the  premises  over  which  jurisdiction  is  ceded  in  section 
one  are  to  be  used,  and  upon  such  terms  and  conditions 


802  1889.  —  Chapteks  28,  29. 

as  shall  be  prescribed  by  the  harbor  and  hmd  commis- 
sioners, 
ft'ed^lth^  Section  3.     This  act  shall  be  void  unless  a  suitable 

Srao'Zweiwf  P^^'^  ^^  *^^  premises,  or  such  portion  or  portions  thereof 
as  may  be  purchased  by  the  United  States,  be  deposited 
in  the  office  of  the  secretary  of  this  Commonwealth 
within  one  year  from  the  passage  of  this  act. 
u)''.'^t™hr'^^''"^  Section  4.  The  Commonwealth  shall  retain  concur- 
concurrent  i<ent  judsdictiou  with  the  United  States  in  and  over  the 
premises  aforesaid,,  so  far  as  that  all  civil  and  criminal 
processes  issuing  under  the  authority  of  this  Common- 
wealth may  be  executed  on  said  premises  and  in.  any 
buildings  thereon,  or  to  be  erected  thereon,  in  the  same 
way  and  manner  as  if  jurisdiction  had  not  been  granted 
as  aforesaid ;  and  exclusive  jurisdiction  shall  revert  to 
and  revest  in  the  Commonwealth  of  Massachusetts  when 
the  said  premises  shall  cease  to  be  used  for  the  sole  pur- 
pose hereinbefore  declared. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  14,  1889. 

(JhCLP.     28   ^'^   -^^"^   '^^   ESTABLISH   THE   SALARY  OF   THE   CLERK   OF  THE  POLICE 

COURT    OF    SPRINGFIELD. 

Be  it  enacted,  etc.,  as  foUoivs: 
Salary  of  clerk.      Section  1.     The  Salary  of  the  clerk  of  the  police  court 
of  Springfield  shall  be  fourteen  hundred  dollars  a  year, 
to  be    so    allowed  from   the  first  day  of  January  in  the 
year  one  thousand  eight  hundred  and  eighty -nine. 

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

Approved  February  14,  1889. 

(JllCLT)'  29  ^N  Act  to  authorize  the  Northampton  street  railway  com- 
pany TO  ISSUE  BONDS  AND  MORTGAGE  ITS  PROPERTY  TO  SECURE 
the   PAYMENT   THEREOF. 

Be  it  enacted,  etc.,  as  follows : 
May  issue  bonda      Section  1.     The  Northampton    Street  Railway   Com- 

and  secure  pay-  ,         .•  ^  j.  n    J.^  •       -i.         • 

menibya  pauy  irom  time  to  time,  by  vote  oi  the  majority  in 
propfrty!°  interest  of  its  stockholders,  may  issue  coupon  or  regis- 
tered bonds  to  an  amount  not  exceeding  twenty-five  thou- 
sand dollars,  bearing  interest  at  a  rate  not  exceeding  six 
per  centum  per  annum,  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 


1889.  — Chapters  30,  31,  32.  803 

of  its  other  property,  and  may  include  in  such  mortgage 
personal  property  thereafter  to  be  acquired.  Said  com- 
pany may  in  such  mortgage  reserve  to  its  directors  the 
right  to  sell,  or  otherwise  in  due  course  of  business  dis- 
pose of,  property  included  in  said  mortgage  which  may 
become  worn,  damaged  or  otherwise  unsuitable  to  be  used 
in  the  operation  of  its  road  :  provided,  that  an  equivalent 
in  value  be  substituted  in  lieu  thereof. 

Section  2.     All  bonds  issued  shall  first  be  approved  approved  and 
by  some  person  appointed  by  the  company  for  that  pur- 
pose, who  shall  certify  upon  each  bond  that  it  is  properly 
issued  and  recorded. 

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

Approved  February  14,  1889. 


certified. 


Chap.  30 


An  Act   to    establish  the  salaries  of  the  county  commis- 
sioners  OF  THE  COUNTY  OF  HAMPDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salaries  of  the  county  commissioners  Salaries 
of  the  county  of  Hampden  shall  be  twenty-five  hundred 
dollars  per  annum,  beginning  with  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  February  14,  1889. 

An  Act  to  authorize  the  brockton  agricultural  society  in  (Jfidn^   31 

BROCKTON  TO   HOLD   ADDITIOXAL   REAL   AND    PERSONAL   ESTATE. 

JSe  it  enacted,  etc.,  as  follows: 

Section  1.  The  Brockton  Agricultural  Society  in  May  hold  addi. 
Brockton  is  authorized  to  hold  real  and  personal  estate  to  perTonaTesufe. 
an  amount  not  exceeding  forty  thousand  dollars  in  value, 
in  addition  to  the  real  and  personal  estate  which  said 
society  may  hold  under  the  authority  of  section  eighteen 
of  chapter  one  hundred  and  fourteen  of  the  Public  Stat- 
utes, and  for  the  same  purposes  provided  for  in  said 
section. 

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

Approved  February  14,  1889. 

An  Act    providing  for    the    printing    and    distribution    of  /^^^,^    QO 

ADDITIONAL   COPIES   OF   THE   MANUAL   FOR    THE    GENERAL    COURT.  ^  ' 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     There  shall  be  printed,  in  addition  to  the  Manual  for  the 
number  already  authorized  by  law,  twelve  hundred  copies  general  court. 


804  1889.  —  Chapter  33. 

Distribution,  of  the  manual  for  the  general  court,  to  be  distributed  as 
follows  :  —  four  copies  to  each  meml)er  of  the  legislature, 
and  the  balance  under  the  direction  of  the  clerks  of  the 
two  branches. 

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

Approved  February  14,  1889. 


ChCllO.  33  ^^  ^^^  MAKING  APPROPRIATIONS  KOR  INCIDENTAL,  CONTINGENT 
AND  MISCELLANEOUS  EXPENSES  OF  THE  VARIOUS  DEPARTMENTS 
AND   COMMISSIONS   OF   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloios: 
Appropriations.  Section  1.  The  suuis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  eighty-nine,  to  wit :  — 

LEGISLATIVE     DEPARTMENT. 

Stationery,—  YoY  Stationery  for  the  senate,  purchased  by  the  clerk, 
a  sum  not  exceeding  nine  hundred  dollars. 

House  of  Yov  stationery  for  the  house  of  representatives,  pur- 

chased by  the  clerk,  a  sum  not  exceeding  sixteen  hundred 
dollars. 

Sergeant  at-  YoY  books,  stationery,  printing  and  advertising,  ordered 

by  the  sergeant-at-arms,  a  sum  not  exceeding  eight  hun- 
dred dollars. 

Incidental  and         ^OY  incidental  and  contino;ent  expenses  of  the  sero-eant- 

contingent  ti  i  i        tiii 

expenses.         at-amis,  a  sum  not  exceedmg  three  hundred  dollars. 

EXECUTIVE     DEPAET3IENT. 

Expenses  of  For  the  contino;ent  expenses  of  the  executive  depart- 

executive 

department.       meut,  the  sum  of  thrcc  thousand  dollars. 

prinu^'  etc  ^^^'  postagc,  printing  and  stationery  of  the  executive 

department,  a  sum  not  exceeding  eight  hundred  dollars. 
Contingent  YoY  contino;ent  expenses  of  the  o-overnor  and  council,  a 

expenses.  O  1  i     i H 

sum  not  exceeding  two  thousand  dollars. 
Postage,  YoY  postao^c,  printing  and  stationery  for  the  executive 

pnntins  and  *■  O'l  o  iitii 

stationery.        couucil,  a  sum  uot  exceeding  five  hundred  dollars. 

STATE    HOUSE    EXPENSES,  ETC. 

State  house  YoY  rcpaii's,  improvements  and  furniture  at  the  state 

house,  a  sum  not  exceeding  ten  thousand  dollars. 


1889.  —  Chapter  33.  805 

For  fuel  and  lights  for  the  state  house,  a  sum  not  ex-  Fuel  and  ligiua. 
ceeding  six  thousand  dollars. 

For  repairs,  improvements,  furniture  and  other  neces-  commonwealth 
sary  expenses  at  the  Commonwealth  building,  a  sum  not  re"pairsfetc. 
exceeding  five  thousand  dollars. 

For  repairs,  improvements,  furniture,  rent  and   other  Beacon  street, 
necessary   expenses    at   house    number    thirteen   Beacon  th'meen. 
street,  a  sum  not  exceeding  eight  thousand  dollars. 

For  rent  of  rooms  for  the  use  of  the  civil  service  com-  civii  service 

.  T  -iji  1        1111  commissioners. 

missioners,  a  sum  not  exceedmg  eight  hundred  dollars. 

For  rent  of  rooms  for  the  use  of  the  bureau  of  statistics  Bureau  of  statis- 

/.   1    1  1    /•         ,  1  •  p         •        -v  ,  tics  of  labor, — 

01  labor,  and  tor  the  services  oi  a  janitor,  a  sum  not  ex-  rent. 
ceeding  three  thousand  dollars. 

For  contingent  expenses  of  the  bureau  of  statistics  of  ^xpen°°s°' 
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  ^J*untyacco"Jnts, 
county  accounts,  a  sum  not  to  exceed  seven  hundred  and  —rent. 
fifty  dollars. 

For   expenses    of  running   the  elevators    at   the   state  Expenses  of 
house,  a  sum  not  exceeding  three  thousand  dollars,  the  eievaiofs. 
same  to  include  all  necessary  repairs  to  said  elevators. 

INCIDENTAL    AND    CONTINGENT    EXPENSES. 

For  incidental  expenses  in  the  department  of  the  sec-  incidental 
retary  of  the  Commonwealth,  a  sum  not  exceeding  three  secfreta^y." 
thousand  dollars. 

For  incidental  and  contingent  expenses  in  the  depart-  Treasurer. 
ment    of  the  treasurer  and  receiver-general,  a  sum  not 
exceeding  thirty-two  hundred  and  fifty  dollars. 

For  incidental  and  contino-ent  expenses  of  the  tax  com-  Tax 

,1  J  ."~  ,  Tj.1  j.1  commissioner. 

missioner  s  department,  a  sum  not  exceeding  three  thou- 
sand dollars. 

For  expenses  of  the  state  valuation,  under  the  direction  Deputy  t.<»x 

/.J.11.J  ..  ,  T  commissioner. 

OI  the  deputy  tax  commissioner,   a  sum  not   exceeding 
three  thousand  dollars. 

For  incidental  expenses  of  the  commissioner  of  corpo-  Commissioner 

■  •  ,  Tx'  111111  of  corporations. 

rations,  a  sum  not  exceeding  tour  hundred  dollars. 

For  incidental  expenses  in  the  department  of  the  auditor  Auditor. 
of  the  Commonwealth,  a  sum  not  exceeding  fifteen  hun- 
dred dollars. 

For  incidental  expenses  of  the  attorney-general,  a  sum  Attomey- 
not  exceeding  seventeen  hundred  and  fifty-nine  dollars;  ^'^"'"''' 
and  for  expenses  of  civil  actions,  a  sum  not  exceeding 
three  hundred  dollars. 


806 


1889.  —  Chapter  33. 


Harbor  and  land 
coinmissioueis. 


Incidental  and 

coatingenl 

expenses. 

Insurance 
commissioner. 


Railroad 
commissioners. 


Commissioners 
of  savings 
baulks. 


Inspectors  of 
gas  meters. 


Civil  service 
commissioners. 


Clerical 
services,  etc. 


Commissioners 
on  inland 
fisheries. 


Controller  of 
county  accounts, 


Board  of 
arbitration. 


Board  of  health, 


Bureau  of  sta- 
tistics of  labor. 


COMIVIISSIONERS,    AND    OTHERS. 

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  office  expenses  of  the 
harljor  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  three  thousand 
dollars. 

For  compensation  of  experts  or  other  agents,  for  rent 
of  office  and  for  incidental  and  contingent  expenses  of  the 
railroad  commissioners,  a  sum  not  exceeding  seven  thou- 
sand eight  hundred  and  fifty  dollars. 

For  travelling  and  incidental  expenses  of  the  commis- 
sioners of  savings  banks,  a  sum  not  exceeding  two  thou- 
sand dollars. 

For  travelling  and  incidental  expenses  of  the  inspector 
and  assistant  inspector  of  gas  meters,  a  sum  not  exceeding 
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  tw^enty-tive  hundred 
dollars. 

For  clerical  services,  examination  expenses,  printing, 
advertising,  travelling  and  incidental  expenses  of  the  civil 
service  commissioners  and  chief  examiner,  a  sum  not 
exceeding  seven  thousand  dollars. 

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

For  travelling  and  office  expenses  of  the  controller  of 
county  accounts,  a  sum  not  exceeding  two  thousand 
dollars. 

For  travelling,  incidental  and  contingent  expenses  of 
the  state  board  of  arbitration,  a  sum  not  exceeding  twenty- 
one  hundred  dollars. 

For  travelling  and  general  expenses  of  the  state  board  of 
health,  a  sum  not  exceeding  sixty-eight  hundred  dollars. 

For  the  payment  of  rent  of  rooms  in  Ticknor  building, 
for  the  use  of  the  l)ureau  of  statistics  of  labor  for  storage 
purposes,  a  sum  not  exceeding  five  hundred  dollars. 


1889.  —  Chaptek  33.  807 

AGRICULTURAL. 

For  bounties  to  agricultural  societies,  nineteen  thousand  ;^oSe8"™' 
eight  hundred  dollars.  boumies'. 

For  travelling  and   necessary  expenses    of    the    state  Expenses  of 
board  of  agriculture,  a  sum  not  exceeding  nineteen  hun- 
dred dollars. 

For  incidental  expenses  of  the  state  board  of  a2:ricult-  incidental 

i      .  ~  expenses. 

ure,  a  sum  not  exceedmg  five  hundred  dollars. 

For  travelling  and  other  necessary''  expenses  of  the  sec-  secretary. 
retary  of  the  state  board  of  agriculture,  a  sum  not  exceed- 
ing five  hundred  dollars. 

For  the  dissemination  of  useful    information  in   agri-  lectures. 
culture  by  means  of  lectures  at  farmers'  institutes,  a  sum 
not  exceeding  twelve  hundred  dollars. 

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

EXPENSES  RESULTING  FROM  THE  WAR  OF  THE  REBELLION. 

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

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

For  clerical  assistance,  travelling  expenses,  rent,  care  clerical 

/«  1       ii  "~  i?  xi  i    i  assistance,  etc. 

01  rooms  and  other  necessary  expenses  ot  the  state  pen- 
sion agent,  a  sum  not  exceeding  thirty-two  hundred  and 
thirty-five  dollars. 

MISCELLANEOUS. 

For  the  payment  of  unclaimed  moneys  in  the  hands  of  ^°°g7t%°fi.po"ra. 
the  receivers  of  certain  insolvent  corporations,  after  the  uons  deposited 
same  has  been  deposited  in  the  treasury  of  the  Common-  ' 
wealth,  a  sum  not  exceeding  five  thousand  dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  the  Public 
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  ^agi'pg". 
roads  in  the  town  of  Mashpee  during  the  year  eighteen 


808 


1889.  — Chapter  34. 


Weights  and 
measures  for 
new  towns. 


Armory 
commissioners. 


Primary,  reform 
and  industrial 
schools. 


Boundary  lines 
of  cities  and 
towns. 


hundred  and  eighty-eight,  the  sum  of  three  hundred 
dollars. 

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

For  clerical  services,  travelling  expenses,  incidental, 
office  and  other  necessary  expenses  of  the  armory  com- 
missioners, a  sum  not  exceeding  twenty-eight  hundred 
dollars. 

For  travelling  and  other  necessary  expenses  of  the 
trustees  of  the  state  primary,  reform  and  industrial 
schools,  a  sum  not  exceeding  twelve  hundred  dollars. 

For  the  determination  by  triangulation  of  the  boundary 
lines  of  the  cities  and  towns  of  this  Commonwealth,  a  sum 
not  exceeding  eighty-five  hundred  dollars. 

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

Approved  February  15,  1889. 


Chap.     34   ^^    AC'^    TO    AMEND    THE    CHARTER    OF    THE    MAGNOLIA    IMPROVE- 
MENT   COMPANY. 


Charter 
amended. 


Capital  stock 
and  shares. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  two  hundred  and 
forty-five  of  the  acts  of  the  3'ear  eighteen  hundred  and 
eighty-eight  is  hereby  amended,  by  striking  out  the  word 
"  fifty  "  in  the  eleventh  line  of  said  section  and  inserting 
in  place  thereof  the  word  :  —  twenty-five,  —  so  as  to 
read  as  follows:  —  Section  6.  The  capital  stock  of  said 
corporation  shall  be  two  hundred  and  fifty  thousand  dol- 
lars, divided  into  shares  of  twenty-five  dollars  each,  with 
liberty  to  increase  said  stock  by  vote  of  the  corporation 
or  of  the  directors,  when  the  business  requires  an  increase, 
to  an  amount  not  exceeding  five  hundred  thousand  dol- 
lars, to  be  paid  in  and  increased  at  such  times  and  in  such 
manner  and  with  and  subject  to  such  rules,  regulations, 
privileges  and  conditions  as  the  directors  may  decide  : 
jn'ovidf^d,  that  said  corporation  shall  not  begin  the  trans- 
action of  business  until  capital  stock  to  the  amount  of 
twenty-five  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  Common- 
Avealth ;  and  no  issue  of  stock  shall  be  made  greater  than 
the  capital  paid  in. 

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

Aj^iiroved  February  15,  1889. 


1889.  — Chapters  35,  36,  37.  809 


An  Act  relative  to  printing  additional  copies  of  the  reports  (J/ida)^  35 

OF   THE   INSURANCE   COMMISSIONER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     There  shall  be  printed  annually,  in  addi-  ^ptestolle 
tion  to  the  number  already  allowed  by  law,  five  hundred  P'-i^teti. 
copies  of  each  of  the  reports  of  the  insurance  commis- 
sioner, for  the  use  of  said  commissioner. 

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

Approved  February  15,  1889. 


Clia]),  36 


An  Act  making  an    appropriation  for   investigations    into 
the  best  methods  of    protecting    the    purity    of   inland 

WATERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  AppiopiiatiouH 
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  eighteen  hundred 
and  eighty-nine,  to  wit :  — 

For  providing  for  investigations  into  the  best  methods  investigations 

/•  '  j_\  'i  /]>  j_  T  T  1         /.  concerning  pur- 

ot  assuring  the  purity  ot  water  supplies,  disposal  ot  ity  of  water  sup. 
sewage,  for  services  of  engineers,  clerks  and  other  assist-  olTewagere'tc. 
ants,  made  necessary  and  authorized  by  chapter  three 
hundred  and  seventy-five  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-eight,  which  requires  the  state  board 
of  health  to  have  general  care  and  oversight  of  all  inland 
waters,  and  report  measures  for  preventing  the  pollution 
of  the  same,  also  for  the  proper  disposal  of  all  sew.-ige 
matter,  a  sum  not  exceeding  twenty-five  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajjproved  February  15,  1889. 


An  Act  to  amend  the    charter    of   the    trustees    of   the 

EPISCOPAL  theological    SCHOOL. 


Chap.  37 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  three  hundred  and  p'''*'"'^*", 
thirty-three  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-seven  is  hereby  amended,  by  striking  out  the  word 
"five"  in  the  first  line  of  said  section  and  inserting  in 
place  thereof  the  word: — -seven,  —  so  as  to  read  as  fol- 
lows :  —  Section  2.     The  number  of  said  trustees    shall  Trustees,  etc. 


810  1889.  —  Chapters  38,  39,  40. 

bie  seven,  and  in  case  of  any  vacancy  caused  by  the  death, 
resignation  or  removal  of  any  trustee,  a  new  trustee  shall 
be  elected  by  the  surviving  or  remaining  trustees ;  and 
any  tiiistee  may  be  removed  from  office  ])y  the  unanimous 
vote  of  all  the  remaining  trustees.  Said  trustees  may 
appoint  such  officers  as  they  think  fit.  for  the  management 
of  the  affairs  of  the  corporation,  and  they  shall  appoint 
all  professors,  lecturers,  tutors  and  instructors  in  the  said 
school,  prescribe  their  duties,  and  fix  their  salaries  and 
tenure  of  office. 

Section  2.     This  a6t  shall  take  effect  upon  its  passage. 

Approved  February  15,  1889. 

Chap.  38  -^N   Act  to  establish    the    sala.ky  of   the   sheriff    of   the 

COUNTY   OF    HAMPDEN. 

Be  it  enacted^  etc.,  as  follows: 

of 'sheriff.  Section  1.     The  salary  of  the  sheriff*  of  the  county  of 

Hampden  shall  be  fifteen  hundred  dollars  per  annum  from 
and  after  the  first  day  of  January  in  the  year  eighteen 
hundred  and  eighty-nine. 

Section  2.     This  act  shall  take  eff"ect  upon  its  passage. 

Approved  February  15,  1889. 

ChClT).  39  -^^  ^^'^  '^^  ESTABLISH  THE  SALARY  OF  THE  FIRST  ASSISTANT 
CLERK  OF  THE  MUNICIPAL  COURT  OF  THE  CITY  OF  BOSTON  FOR 
CIVIL  BUSINESS. 

Be  it  enacted,  etc. ,  as  folloivs : 

^^'Y/if/cil'rk         Section  1.     The  salary  of  the  first  assistant  clerk  of 

the  municipal  court  of  the  city  of  Boston  for  civil  business 

shall  be  twenty-five  hundred  dollars  a  year  from  the  first 

day  of  January  in  the  year  eighteen  hundred  eighty-nine. 

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

Approved  February  15,  1889. 

ChaV      40  ^^   ^^^  ^^   INCORPORATE   THE   YORICK   CLUB   OF  LOWELL. 

Be  it  enacted,  etc. ,  as  folloios : 

Yorick  Club  Section  1.     George  R.  Richardson,  Paul  Butler,  Cyrus 

incorporated.  W.  Irish,  Frcd  A.  Chasc,  Frank  W.  Howe,  Frederick  P. 
Mar])le,  Prentiss  Webster  and  Harry  A.  Brown,  their 
associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  Yorick  Club,  for  the  purpose  of  main- 
taining a  club  house  and  reading  room  in  the  city  of 
Lowell,  with   the    powers  and  privileges  and  subject  to 


personal  estate. 


1889.  — Chapteks  41,  42.  811 

the  duties,  liabilities  and  restrictions  set  forth  in  all  G^en-  Powers  and 

duties 

eral  laws  which    now   are  or   may  hereafter   be  in  force 
applicable  to  such  corporations. 

Section  2.     Said  corporation  for  the   purpose  afore-  Real  and 
said  may  hold  real  and  personal  estate  to  an  amount  not 
exceeding  one  hundred  thousand  dollars. 

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

Approved  February  15,  1889. 

An  Act  to  establish  the  salary  of  the  clerk  of  the  third  (JJiqi^^  41 
district  court  of  bristol. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  clerk  of  the  third  dis-  saiary  of  cierk. 
trict  court  of  Bristol  shall  be  one  thousand  dollars  a  year 
from  the  first  day  of  January  in  the  year  eighteen  hun- 
dred and  eighty-nine. 

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

Approved  February  15,  1889. 


Chaj).  42 


and  shares. 


An  Act  to  fix  the  capital  stock  of  the   American   linen 
company  of  fall  river. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.  The  capital  stock  of  the  American  Linen  capital  stock 
Company,  of  the  city  of  Fall  River,  incorporated  by  an 
act  of  the  general  court,  approved  the  twenty-fourth  day 
of  March  in  the  year  eighteen  hundred  and  fifty-three,  is 
fixed  at  the  sum  of  eight  hundred  thousand  dollars,  and 
shall  not  exceed  said  sum,  and  it  shall  be  divided  into 
eight  thousand  shares  of  one  hundred  dollars  each,  to  be 
divided  among  its  present  stockholders  in  proportion  to 
their  respective  interests. 

Section  2.     If  said  corporation,  by  a  vote  of  a  majority  vote  to  be 
in  interest  of  its  stockholders  at  a  legal  meeting  called  maTo^riiy^n 
for  the  purpose  shall,  within  six  months  from  the  passage  gtockhowers. 
of  this  act,  vote  to  accept  the  same,  and  shall,  within  six 
months,  cause  to  be  recorded  in  the  registry  of  deeds  for  certificate  to  be 
the  northern  district  of  the  county  of  Bristol  a  certificate  lit o"of  deed s!^ 
signed  b}'  its  president,  treasurer,  clerk  and  a  majority  of 
its  directors,  stating  the  amount  of  its  debts  and  credits, 
and  an  estimate  of  its  real  and  personal   estate  for   the 
purpose  of  carrying  on  its  business  at  the  time  of  making- 
such  certificate,  and  that  the  value  of  its  property  over 
and  above'  all  its  debts  and  liabilities  is  not  less  than  the 
amount  of  its  capital  stock  as  fixed  by  this  act ;  and  if 


812  1889.— Chapters  43,  41. 

said  officers  shall  make  oath  that  they  have  carefully 
examined  the  records  and  accounts  of  said  corporation, 
and  faithfully  estimated  the  value  of  the  property  and  the 
funds  thereof,  and  that  said  certificate  by  them  signed  is 
true  accordinir  to  their  best  knowledge  and  belief,  then 
said  corporation,  together  with  its  members  and  officers, 
shall  be  entitled  to  the  same  rights,  privileges  and  immu- 
nities, and  be  subject  to  the  same  liabilities  and  provisions 
of  law  as  if  said  corporation  had  been  organized  under 
the  provisions  of  chapter  one  hundred  and  six  of  the  Pub- 
lic Statutes,  with  a  capital  stock  fully  paid  in  as  required 
in  said  chapter,  and  had  duly  made  and  filed  the  certifi- 
cate mentioned  in  section  forty-six  of  the  said  chapter. 
?bngation8  Section  3.     Nothing  contained  in  this  act  shall  affect 

not  impaired,     or  impair  any  debts  or  obligations  existing  at  the  time  of 
recording  said  certificate. 

Section  4.     This  act  shall  take  eflfect  upon  its  passage. 

Ajyjyrovecl  February  15,  1889. 


Chap 


43  An    Act  making  appropriations  for  salaries  and  expenses 
at  the  state  almshouse  at  tewksbury. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  at  the  state  almshouse  at  Tewks- 
buiy,  during  the  year  ending  on  the  thirty-first  day  of 
December,  eighteen  hundred  and  eighty-nine,  to  wit :  — 

state  almshouse      ^q^  the  payment  of  salaries,  wao-es  and  labor  at  the 

at  lewksbury.  ii  rr\        i      ^ 

state  almshouse  at  Tewksbury,  a  sum  not  exceedmg 
twenty-nine  thousand  dollars ;  and  for  other  current 
expenses  at  said  institution,  a  sum  not  exceeding  seventy- 
nine  thousand  five  hundred  dollars. 

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

Ax>iyroved  February  15,  1889. 

Chap.  44  ^^  A*^"^  "^O  AUTHORIZE  THE  NEWTON  STREET  RAILWAY  COMPANY 
TO  EXTEND  ITS  TRACKS  AND  TO  PURCHASE  THE  WALTHAM  AND 
NEWTON   STREET   RAILWAY. 

Be  it  enacted,  etc.,  as  follows: 
May  extend  Section  1.     The  Ncwtou  Street  Railway  Company  is 

waitharaand     hereby  authorized    to    construct,    extend,    maintain  and 
watertown.       opd'atc  its  sti'cct  railway  over  any  streets  and  highways 

in  the  city  of  Waltham  and  the  town  of  Watertown  upon 


1889.  — Chaptek  45.  813 

Avhich  locations  may  hereafter  from  time  to  time  be 
granted  to  said  corporation  by  the  board  of  aldermen  of 
said  city  and  the  selectmen  of  said  town,  respectively,  in 
the  same  manner  and  with  the  same  powers  as  it  is  now 
authorized  by  law  to  do  in  the  city  of  Newton,  and  to 
connect  with  the  locations  ot^aid  street  railway  in  said 
city  of  Newton. 

Section  2.     Said  corporation  is  authorized  to  purchase  May  purchase 
and    pay  for   the    rights,  franchise    and  property  of  the  of  the  wkitha'm 
AValtham    and    Newton    Street   Railway    Company,    and  g^rl^tTiaUway 
said  Waltham  and  Newton  Street   Railway  Company  is  company. 
authorized  to  sell,  convey  and  assign  its  franchise  and 
property  and  all  the  rights,  easements,  privileges,  loca- 
tions and  powers  granted  or  in  any  way  belonging  to  it 
to  the  said  Newton  Street  Railway  Compan}^  which  com- 
pany shall,  upon  such  conveyance  being  made,  have  and 
enjoy  all  the  rights,  powers,  privileges,  locations,  ease- 
ments, franchises  and  property  which  heretofore  belonged 
to,  or  were  in  any  way  owned  by,  the  said  Waltham  and 
Newton  Street  Railway  Company,  subject  to  the  duties, 
liabilities  and  restrictions  applicable  to  the  same  under  the 
general  laws  relating  to   street  railway  companies  :  ^9?'0- 
vided,  hoivever,  that  such  purchase  and  sale  shall  not  l)e 
valid  unless  agreed  to  by  the  boards  of  directors  of  both 
said  corporations,  and  approved  by  a  majority  in  interest 
of  the  stockholders  of  each  corporation  at  meetings  called 
for  that  purpose. 

Section  3.  All  the  corporate  rights  and  franchises  corporate  rights 
heretofore  possessed  by  said  Newton  Street  Railway  Com-  two  years. 
pany  and  granted  to  the  same  by  this  act,  shall  determine 
in  two  3"ears  from  this  date,  if  said  corporation  shall  not 
commence  the  construction  or  operation  of  its  railway 
within  said  term,  but  otherwise  shall  continue  in  full 
force. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  18,  1889. 


Chap.  45 


An  Act  to  provide  for  the  payment  of  the  expenses  of 

THE   trustees   OF   THE   MASSACHUSETTS   AGRICULTURAL   COLLEGE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  trustees  of  the  Massachusetts  Agri-  fncTentLT"'^ 
cultural  Colleo-e  shall  hereafter  be  allowed  and  paid,  from  expenses  to  be 

f^.  i     .      '  paid  from  the 

the  treasury  ot  the  Commonwealth,  such  sura  as  is  neces-  treasury. 
sary  for  their  personal  and  incidental  expenses  incurred 


814 


1889.  — Chapter  46. 


Abington 
Bueinees  Club 
Building 
AsBociation, 
incorporated. 


in  the  discharge  of  their  duties,  in  the  same  manner  as 
the  trustees  of  other  public  institutions  are  now  paid  and 
allowed. 

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

Approved  February  18,  1889. 

ChCfV.    46   -^^   ^^"^  "^^  INCORPORATE  THE   ABINGTON   BUSINESS   CLUB    BUILDING 

ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Henry  B.  Peirce,  Otis  W.  Soule,  Carlos 
P.  Faunce,  George  A.  Beal,  Clifford  Ramsdell,  Harvey 
H.  Pratt,  E.  C.  Nash,  G.  R.  Farrar,  M.  F.  Nash,  H.  A. 
Beal,  John  W.  Sproul,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the 
Abington  Business  Club  Building  Association,  for  the 
purpose  of  purchasing  and  maintaining  a  factory  or  fac- 
tories to  be  used  for  the  manufacture  of  boots  and  shoes 
and  for  other  manufacturing  purposes ;  and  for  the  pur- 
poses herein  named,  said  corporation  shall  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  restrictions 
and  liabilities  set  forth  in  the  general  laws  which  now  are 
or  may  hereafter  be  in  force  relating  to  such  corporations. 

Section  2.  The  said  corporation  shall  have  power  to 
purchase,  lease  and  hold  in  fee  simple  or  otherwise  a 
certain  lot  or  parcel  of  land  with  the  buildings  and  other 
improvements  thereon  lying  on  the  easterly  side  of  Lake 
street  in  the  town  of  Abington,  bounded  northerly  by 
land  of  William  Pierce  ;  easterly  by  Island  Grove  pond ; 
southerly  by  land  of  Ella  B.  Dunham,  and  westerly  by 
said  street.  Also  one  other  piece  of  land  in  said  Abing- 
ton bounded  easterly  by  land  of  Jacob  and  Elizal)eth 
R.  Reed  and  land  of  Michael  Driscoll ;  southerly  by  land 
of  Josiah  T.  King,  and  westerly  by  land  of  the  Old  Col- 
ony Railroad  Company  and  other  real  estate  in  said  town 
of  Abington ;  may  erect  and  maintain  factory  and  other 
buildings  and  structures  thereon,  and  may  sell,  lease, 
mortgage  or  otherwise  dispose  of  its  corporate  property 
or  any  part  thereof. 

Section  3.  The  capital  stock  of  said  corporation 
shall  be  eight  thousand  dollars  and  shall  be  divided  into 
shares  of  ten  dollars  each  :  provided,  that  no  lial)ility 
shall"  be  incurred  until  three  thousand  five  hundred  dollars 
of  said  capital  stock,  either  in  cash  or  property,  shall 
have  been  paid  in. 


May  purchase 
and'  hold 
certain  lands. 


May  erect 
buildings,  etc. 


Capita!  stock 
and  shares. 


1889.  —  Chapter  47.  815 

Section  4.     The   said   corporation  may  from  time  to  May  increase 
time  increase  its  capital  stoclv  in  amounts  not  to  exceed  ^^^^^^  ^'""^  - 
in  the  aggregate  the  further  sum  of  seventeen  thousand 
dolhirs  :  provided,  that  no  shares  in  such  increased  capital 
stock  shall  be  issued  for  a  less  sum,  to  be  actually  paid  in 
on  such  shares  either  in  cash  or  property,  than  the  par  No  shares  to  be 
value  thereof,  which  shall  not  be  less  than  ten  dollars;  thauprr value. 
and  provided,  also,  that  a  certificate  stating  the  amount 
of  any  such  increase  shall  within  ten  days  thereafter  be  Certificate  of 

I'-iT  j^i'j_  -ij^i  T    increase  to  be 

made,  signed  and  sworn  to  by  its  president,  treasurer  and  filed  in  tiie 
a  majority  of  its  directors,  and  be  filed  in  the  office  of  the  gecretar/of  the 
secretary  of  the  Commonwealth.  commonwealth. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  February  18,  1889. 

An  Act  to  authorize  joun  l.  and  henrv  k.  potter  to  drive  (JJkiy)^  47 

PILES   IN   fort   point    CUANNEL   IN   BOSTON    HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  John  L.  and  Henry  K.  Potter  are  hereby  May  drive 
authorized  to  drive  twelve  piles  on  the  southerly  side  of  Bo9\"dn  h!irbo7 
Congress  street  bridge,  in  Fort  Point  channel,  in  Boston  a°waterTauk.^ 
harbor,  for  the  support  of  a  water  tank :  provided,  how- 
ever, that  the  location  of  said  piles  shall  be  approved  by 
the  board  of  harbor  and  land  commissioners,  and  they 
shall  be  removed  by  said  John  L.  and  Henry  K.  Potter, 
or  their  successors,  at  any  time  on  the  order  of  said  board  ; 
and  provided,  further,  that  said  John  L.  and  Henry  K. 
Potter,  or  their  successors,  shall  pay  into  the  compensa- 
tion fund,  esta1)lished  by  the  fourth  section  of  chapter  one 
hundred  forty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-six,  the  sum  of  seventy-five  dollars,  annu- 
ally, on  the  first  day  of  July,  during  the  continuance  of 
the  structure,  and  provided,  further,  that  if  said  John  L. 
and  Henry  K.  Potter,  or  their  successors,  shall  fail  to 
remove  the  said  piles  and  structure  on  the  order  of  the 
board  of  harbor  and  land  commissioners,  the  same  may 
be  removed  by  said  boards  and  the  said  John  L.  and 
Henry  K.  Potter,  or  their  successors,  shall  be  liable  to 
the  Commonwealth  for  the  expense  of  such  removal. 

Section  2.     Said  water  tank  shall  not  be    placed   on  subject  to  con. 
said  piles  until  authorized  by  the  board  of  aldermen  of  of*aide\r 
the  city  of  Boston,  and  the  same  shall  be  removed  when 
so  ordered  by  them. 

Section  3.     This  act  shall  take  eff*ect  upon  its  passage. 

Ax)p)roved  February  18,  1889. 


nceu. 


816  1889.  — Chapters  48,  49,  50. 


Chap.    48    ^N   -^^"^   '^O   CUANGE   TUE  NAME   OF  TUE   SOUTH    ABINGTON    BAPTIST 

CHUHCII. 

Be  it  enacted,  etc.,  as  follows: 
Name  changed.  xhe  religious  society  ill  Whitman  incorporated  under 
the  general  hiws  of  the  Commonwealth  and  called  the 
South  Abington  Baptist  Church,  shall  be  known  and 
called  hereafter  b}^  the  name  of  the  First  Baptist  Church 
of  Whitman,  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.  Approved  February  18,  1889. 

Chaj)'  49  An  Act  making    appropriations  for  salaries  and  expenses 

AT   THE   STATE   FARM   AT   BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  Sectiox  1.  The  suiiis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, from  the  ordinary  revenue,  for  the  payment 
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-nine,  to  wit :  — 

Brfd^gewrten  "^^^  *^^®  payment  of  salaries,  wages  and  labor  at  the 

state  farm  at  Bridgewater,  a  sum  not  exceeding  sixteen 

ex'^enleJ'"^  thousaud  fivc  hundred  dollars ;  and  for  current  expenses 
at  said  institution,  a  sum  not  exceeding  forty-six  thousand 
five  hundred  dollars. 

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

Approved  February  18, 1889. 

GhCip.    50   -^^     ^^'^     providing   FOR    A     FOURTH     ASSISTANT     CLERK     OK     THE 
SUPERIOR  COURT,  CIVIL  SESSION,   FOR   THE   COUNTY   OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

ant'ciernof'  Section  1.  The  justiccs  of  th^  supcHor  court,  or  a 
civil  business,  majority  of  them,  may  appoint  a  fourth  assistant  clerk  of 
said  court  for  civil  business  in  the  county  of  Suffolk,  who 
shall  be  subject  to  the  provisions  of  law  applicable  to 
assistant  clerks  of  courts  in  said  county,  and  who  shall 
receive  in  full  for  all  services  performed  by  him  an  annual 
salary  of  twenty-five  hundred  dollars,  to  be  paid  by  said 
county. 

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

Approved  February  18,  1889. 


1889.  —  Chapter  51.  817 


An  Act  to  autiiokize  tue  revere  street  railway  company  njiaj)    51 

TO   CONSTRUCT,   MAINTAIN    AND    OPERATE    PART   OF    ITS    RAILWAY 
UPON   PRIVATE   PR<^PERTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Revere  Street  Railway  Company  is  May  construct 
hereljy  authorized  to  construct,  maintain  and  operate  a  rauv^y  upon 
railway  with  single  or  double  tracks  in  such  manner  as  P'ropeny. 
may  be  convenient  and  necessary,  from  the  northerly  ter- 
minus of  Walley  street  at  Orient  heights  in  the  city  of 
Boston,  to  a  connection  with  Ocean  avenue  near  Crescent 
beach   in   the   town  of  Revere,    and    crossing  Winthrop 
avenue  near  Beachmont  in  said  town  of  Revere,  upon  and 
over  the  private  way  known  as  Washliurn  avenue  laid  out 
nearly  parallel  with  and  about  one  hundred  feet  westerly 
from   the    westerly   line    of    the  location  of  the  Boston, 
Revere  Beach  and  Lynn  Railroad  :  provided,  said  com-  Proviso. 
pany  shall  procure    the    consent    of  the    owners    of  the 
land  included  within  the  limits  of  said  private  way,  so 
to  do. 

Section  2.  Said  Revere  Street  Railway  Company,  Powers  and 
respecting  that  part  of  its  railway  hereby  authorized  to 
be  constructed,  maintained  and  operated,  shall  have  all 
the  poAvers  and  privileges,  and  shall  be  subject  to  all  the 
duties,  liabilities  and  restrictions  set  forth  in  all  general 
laws  which  now  are  or  may  hereafter  be  in  force  relating 
to  street  railways,  except  as  herein  provided. 

Section  3.  Said  railway  company  in  the  operation  of  p^J'^^g^^  ^^^ 
its  road  by  such  motive  power  as  it  may  be  legally  au- 
thorized to  use,  may  erect  and  use  such  poles  and  wires 
and  make  such  surface  and  underground  alterations  of  the 
public  streets  or  ways  in  which  the  tracks  are  located,  and 
do  such  other  things  necessary  and  convenient  for  the  use 
of  the  motive  power  permitted,  as  may  be  approved  in 
any  city  l)y  the  board  of  aldermen  and  in  any  town  by 
the  selectmen. 

Section  4.     Said   railway  company  may,  by  consent  ^gg^[,"*f, 
of  the  owners  of  the  land  included  within  the  limits  of -iny  motive 
said  Washburn  avenue,  operate  its    railway  within  said  Ih'aTdirecr 
avenue  by  electricity  or  l)y  any  motive  power  other  than 
direct  steam,  and  may  erect  and  use  such  poles  and  wires 
and  make  such  surface  and  underground   alterations    of 
said  avenue,  and  do  such  other  things  necessary  and  con- 


steam. 


818 


1889.  —  Chapter  52. 


venient   for   the    use  of  such  motive  power,  as  may  be 
approved  by  the  board  of  raih'oad  commissioners. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  18,  1889. 


ChCtT)'    52   ^^   ^^^   ^^   AUTHORIZE   THE   TOWN   OF    WESTFIELD   TO   ISSUE   ADDI 

TIONAL    AVATER    BONDS. 


May  issue 
additional 
water  bonds 
not  exceeding 

$115,000. 


Payment  to  be 
provided  for. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Westfield,  for  the  purpose 
of  paying,  retiring  and  refunding  its  outstanding  bonds 
issued  by  said  town  under  the  authority  of  chapter  three 
hundred  and  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-three,  and  which,  to  the  amount  of 
one  hundred  and  fifteen  thousand  dollars  become  due  on 
the  first  day  of  October  in  the  year  eighteen  hundred  and 
eighty-nine,  is  authorized  to  issue  new  bonds,  signed  by 
the  treasurer  of  said  town  and  countersigned  by  the  chair- 
man of  the  board  of  water  commissioners  thereof,  to  be 
denominated  Westfield  Water  Bonds,  to  an  amount  not 
exceeding  one  hundred  and  fifteen  thousand  dollars,  pay- 
able at  periods  not  exceeding  twenty  years  from  the  first 
day  of  October  in  the  year  eighteen  hundred  and  eighty- 
nine,  with  interest  payable  semi-annually  at  a  rate  not 
exceeding  six  per  cent,  per  annum  ;  and  said  town  may 
sell  said  bonds  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, 
and  may  raise  money  by  taxation  to  pay  said  bonds  and 
the  interest  thereon  when  the  same  shall  become  due. 

Section  2.  The  town  of  Westfield  shall,  before  such 
bonds  are  issued,  provide  for  their  payment  either  accord- 
ing to  the  provisions  of  section  twelve  of  chapter  twenty- 
nine  of  the  Public  Statutes,  or  according  to  the  provisions 
of  chapter  one  hundred  and  thirty-three  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-two  ;  but  said  town 
shall  not  raise  more  than  ten  thousand  dollars  in  any  one 
year  toward  payment  of  the  principal  of  said  bonds, 
except  the  year  in  which  the  same  or  any  part  thereof 
may  become  due. 

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

Approved  February  18,  1889. 


1889.  — Chapters  53,  54,  55.  819 


An  Act  to  provide  for  the  payment  of  postage  and  ex-  nj^n^-^  ■  /^Q 

PRESSAGE   ON    DOCUMENTS    SENT  TO    MEMBERS    OF    THE    GENERAL 
COURT, 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     There  shall  be  allowed  and  paid  annually  Payment  of 
out  of  the  treasury  of  the  Commonwealth  such  sum  of  on^documenia 
money  as  may  be  necessary,  to  be  expended  by  the  ser-  membeM^or 
geant-at-arms,  for   the    purpose    of  paying   postage  and  general  court, 
express  charges  on  legislative  and  other  documents  for- 
warded to  members  of  the  general  court. 

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

Ajyproved  February  19,  1889. 


Chap.  54 


An  Act  to  establish  the  salary  of  the  justice  of  the  third 
district  court  of  bristol. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  justice  of  the  third  dis-  saiaryof 
trict  court  of  Bristol  shall  be  eighteen  hundred  dollars  a 
year,  and  be  so  allowed  from  the  first  day  of  January  in 
the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  February  19,  1889. 


lustice. 


Chaj).  55 


An  Act  making  an  appropriation  for  compensation  and 
expenses  of  the  joint  special  committee  appointed  by  the 
legislature  of  eighteen  hundred  and  eighty-eight. 

Be  it  enacted,  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  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-eight,  to  consider  the  subject 
of  completing  and  perfecting  the  records  of  officers  and 
enlisted  men  serving  from  Massachusetts  in  the  army  and 
navy  during  the  war  of  the  rebellion,  to  wit :  — 

For  compensation  of  the  members  of  the  ioint  special  Joint  special 

,  «^  *■  conimitt6G  of 

committee  of  the  legislature  of  the  year  eighteen  hundred  lei^isiature 
and  eighty-eight,  the  sum  of  twenty-eight  hundred  dollars  ;  ° 
and  for  expenses  of  said  committee,  a  sum  not  exceeding 
nine  hundred  and  eighty-nine  dollars  and  seventy  cents. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  19,  1889. 


820  1889.  —  Chapter  56. 


ChCip.    56   ^^   ^^"^    '^^    FURTHER    AMEND    AN    ACT    TO    SUPPLY   THE    TOWN   OF 

MARBLEIIEAD   WITH   WATER. 

Be  it  enacted,  etc. ,  as  follows : 
Water  supply         Chapter  three  hundred  and  twenty-five  of  the  acts  of 

for  Marblehciid.  i.  ^  -i        -i  -<      •    ^  •  iii 

the  year  eighteen  hundred  and  eighty-six,  as  amended  by 
chapter  three  hundred  and  sixteen  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven,  and  as  further  amended 
by  chapter  two  hundred  and  thirty- six  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight,  is  hereby  further 
amended  by  striking  out  section  two  of  said  chapter  and 
inserting  in  place  thereof  the  following  :  —  Section  2. 
?S"towi^^nT'^'*  "^^^^  ^'^^^  town  for  the  purposes  aforesaid  may  take,  by 
certain  waters  purcliasc  or  othcrwisc,  and  hold  the  w^aters  of  any  ponds, 
streams,  springs  or  other  water  sources  with  the  streams 
and  springs  tributary  thereto  in  said  town,  and  any  water 
rights  connected  therewith,  excepting  the  waters  of  Put- 
nam brook  and  its  tributaries,  and  the  said  town  may 
take,  by  purchase  or  otherwise,  and  hold  the  waters  of 
any  ponds,  streams,  springs  or  other  water  sources  Avith 
the  streams  and  springs  tributary  thereto  within  the 
limits  of  the  city  of  Salem,  in  that  southerly  portion 
thereof  which  forms  the  water-shed  basins  that  tend 
toward  and  have  their  natural  outlet  into  Forest  river, 
and  may  also  take,  by  purchase  or  otherwise,  and  hold  all 
lands,  rights  of  way  and  easements  necessary  for  holding 
and  preserving  such  water,  and  protecting  the  same  from 
contamination,  and  for  conveying  the  same  to  any  part  of 
said  town  of  Marblehead  ;  and  may  erect  on  the  land  thus 
May  erect  dams  taken  or  held  propcr  dams,  buildings,  fixtures  and  other 
structures.  structurcs ;  aud  may  make  excavations,  ^orocure  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  sources,  rail- 
roads or  pu])lic  or  private  ways,  and  along  any  such  way 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same  ; 
and  for  the  purpose  of  constructing,  maintaining  and 
repairing  such  conduits,  pipes  and  other  works,  and  for  all 
May  dig  up  proper  purposes  of  this  act,  said  town  may  dig  up  any 
IfirecirjJfof  '^uch  lands,  and,  under  the  direction  of  the  board  of 
selectmen  and     selectmen  of  the  town  or  the  mayor  and  aldermen  of  the 

board  of  i  •    i  '        i  •  t 

aldermen.         city  in  wliicli  any  such  ways  are  situated,  may  enter  upon 


1889.  — Chaptees  57,  58,  59.  821 

and  dig  up  any  such  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways. 

Approved  February  19.,  1S89. 

An  Act  giving  the  ofuceks  and  men  ok  the  police  depart-  (JJicm.  57 

MENT   OF  THE   CITY   OF   BOSTON   CERTAIN   BIGHTS   OF   WAY   IN    THE 
STREETS,   LANES   AND   ALLEYS   OF    SAID   CITY. 

Be  it  enacted,  etc,  as  follows: 

The  officers  and  men  of  the  police  department  of  the  Patroi  wagons 

.'^  111  ^^^'^  ambiilaiiceB 

City  of  Boston,  with  the  patrol  wagons  and  ambulances  to  have  right  of 
thereof,  shall  have  the  right  of  way  through  any  street,  ^t^'BoBton."''  * 
lane  or  alley  in  said  city,  subject  to  the  rights  of  the 
Boston  fire  department  and  the  Boston  protective  depart- 
ment ;  and  whoever  wilfully  or  maliciously  obstructs  or 
retards  the  passage  of  such  patrol  wagons  and  ambulances, 
as  aforesaid,  shall  be  punished  by  a  fine  not  exceeding 
fifty  dollars,  or  by  imprisonment  in  jail  not  exceeding 
three  months.  Approved  February  19,  1889. 

An  Act  to  establish  the  salary  of  the  treasurer  of  the  (JJipyp     5g 

COUNTY   OF   BERKSHIRE. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.     The  salary  of  the  treasurer  of  the  county  saiaryof 
of  Berkshire  shall  be  fifteen  hundred  dollars  per  annum, 
to  be  so  allowed  from  the  first  day  of  January  in  the  year 
eighteen  hundred  and  eighty-nine. 

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

Approved  February  27,  1889. 

An  Act  to  incorporate  the  nantasket  methodist  episcopal  nj^nyj    59 

CHURCH. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  religious  society  in  Cohasset,  formerly  Nantasket 
known  as  the  Methodist  Society  Politic  of  Cohasset,  and  copai'ohurch;'^" 
later  as  the  Methodist  Episcopal  Church  of  North  Cohasset,  i"'=o'PO'"ted. 
and  now  known  as  the    Nantasket   Methodist  Episcopal 
Church,  is  hereby  constituted  a  corporation  by  the  name 
of  the  Nantasket  Methodist  Episcopal  Church,  with  all  the 
powers,  rights,  privileges,  limitations,  duties  and  liabilities 
of  chapter  thirty-eight  of  the  General  Statutes,  excepting 
sections  eight  to  fourteen  of  the  said  chapter. 

Section  2.     All  the  actions  of  the  said  societies,  as  far  Actions  of  socie- 

■  1  .1  ,      -,  1         /»  j^i  1  1       ties  confirmed. 

as  the  same  appear  on  the  accepted  records  or  the  church. 


822  1889.  —  Chapters  GO,  Gl. 


are  ratified  and  confirmed,  and  this  act  may  be  amended 

or  revoked  at  the  pleasure  of  the  general  court. 

Sc!**co^u'rtnned.       Sectiox  3.     All  gifts,  gTauts,  donations  or  convejances 

of  property,  both  real  and  personal,  made  to,  or  for  the 

use  and  benefit  of  either  of  the  aforesaid  societies,  and  now 

held  by  the  trustees  of  the  Methodist  Episcopal  Church 

of  North  Cohasset,  are  hereby  confirmed  to  and  vested  in 

the  Nantasket  Methodist  Episcopal  Church,  subject  to  all 

lawful  debts,  claims  or  demands  against  the  same. 

^t\Ii?rvo"eci"n      Section  4.     The  general  management  of  the  affairs  of 

'he  quarterly      this  corporatlon  shall  be  vested  in  the  quarterly  conference 

of  the  church,  according  to  the  discipline  and  usage  of 

the  methodist  episcopal  church. 

properij^^vested       SECTION  5.     The  coutrol  of  the  property  of  this  cor- 

tra'^steea"' °^      poratiou  shall   be  vested  in  a  board  of  trustees,  to  be 

elected  annually  in  accordance  with  the  discipline  and 

usage  of  the    church,  and    said   trustees  shall   have  full 

power,  subject  to  the  direction  of  the  quarterly  conference, 

to  hold,  manage,  sell  and  convey  all  the  property  of  the 

society,  both  real  and  personal,  and  also  to  receive,  hold 

and  manage  all  gifts,  grants,  donations  or  bequests  made 

Proviso.  f^^.  ^i^g  j^^gg  ^^^  benefit  of  the  church  ;  provided,  that  the 

wdiole  amount  of  the  said  property  shall  not  exceed  ten 

thousand  dollars. 

Section  6.     This  act  shall  take  efiect  upon  its  passage. 

Approved  February  27,  1889. 

ChCip.     GO   ^^   "^^^   '^^  AUTHORIZE   THE   ALLEN   GYMNASIUM   COMPANY  TO  HOLD 
ADDITIONAL  REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  folloios: 

tuife^mlT^       Section  1 .     The  Allen  Gymnasium  Company  is  hereby 
estate.  authorized  to  hold  additional  real  and  personal  estate  to 

an  amount  not  exceeding  one  hundred  and  fifty  thousand 
dollars. 

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

Approved  February  27,  1889. 

ChCtp.    61   -^^    ^^"^    ^^     ADDITION    TO    THE     ACTS     TO     SUPPLY     THE     CITY     OF 

WORCESTER   WITH    PURE    WATER. 

Be  it  enacted,  etc.,  as  folloios: 

lof^o^^^lr  Section  1.  For  the  purposes  named  in  the  third  sec- 
tion of  chapter  two  hundred  and  sixty-eight  of  the  acts  of 
the  year  eighteen  hundred  and   eighty-one,  and  for  the 


1889.  — Chapters  62,  63.  823 

purpose  of  paying  any  damages  occasioned  by  the  taking  Damages  for 
of  Tatniick  brook  under  said  act,  and  for  the  purpose  of  blook.  ^^"*^' 
making  any  necessary  enlargements  of  water  works  of 
the  city  and  any  necessary  expenditures  in  connection 
therewith,  the  city  council  of  the  city  of  Worcester  is 
hereby  authorized  to  borrow  from  time  to  time  such  sums 
of  money,  to  an  amount  not  exceeding  three  hundred 
thousand  dollars,  as  it  shall  deem  necessary,  in  the  man- 
ner and  subject  to  the  provisions  of  said  act  as  amended 
by  chapter  one  hundred  and  forty-five  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-four. 

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

Approved  February  27,  1889. 

An  Act  to  provide  extra  clerical  assistance  for  tue  clerk  (JJidj)^   (52 

OF  THE   SECOND   DISTRICT  COURT   OF  BRISTOL. 

Be  it  enacted,  etc.,  as  foHoivs: 

Section  1.  The  clerk  of  the  second  district  court  of  f^l^^^^^lfjj^^'' 
Bristol  shall  be  allowed  for  extra  clerical  assistance  a  sum  assistance. 
not  exceeding  five  hundred  dollars  in  any  one  3'ear,  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  sum 
to  be  approved  by  the  county  commissioners  for  Bristol 
county  by  a  writing  signed  by  them,  and  to  be  paid  from 
the  county  treasury  of  Bristol  county,  monthly,  to  the 
person  or  persons  so  employed. 

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

Approved  Febmary  27,  1889. 

An  Act  making  appropriations  for    salaries  and  expenses  rjTin'Y)    63 

OF   THE   STATE   DISTRICT   POLICE   FORCE. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  of  the  state  district  poHce  force 
during  the  year  eighteen  hundred  and  eighty-nine,  to 
wit :  — 

For  the  salary  of  the  chief  of  the  state  district  police  state  district 
force,  a  sum  not  exceeding  two  thousand  dollars.  police,  c 

For  the  compensation  of  the  thirty -two  members  of  the  Members  of 
state  district  police  force,  a  sum  not  exceeding  forty-eight 
thousand  dollars. 


824 


1889.  —  Chapter  64. 


Travelling 
expenses. 


Incidental 
expenses. 


For  travelling  expenses  actually  paid  by  members  of 
the  state  district  police  force,  a  sum  not  exceeding  eight- 
een thousand  six  hundred  dollars. 

For  incidental,  contingent  and  office  expenses  of  the 
chief  and  members  of  the  state  district  police  force,  a 
sum  not  exceeding  thirty-five  hundred  dollars. 

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

Approved  February  28,  1889. 


ChciV.     64   "^^   -^^^   ^^   AUTUOKIZE   THE   PLANTING,   CULTIVATING   AND  DIGGING 
OF  CLAMS   IN   AND   AROUND   TUE   SlIOUES   OF    GLOUCESTER. 


Licenses  may 
be  granted  to 
cultivate  and 
dis;  clums. 


Metes  and 
bounds  to  be 
described  in 
license. 


Person  licensed 
to  have  exclu- 
sive use  (if 
premises. 


By-laws. 


Penalties. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mayor  and  aldermen  of  the  city  of 
Gloucester  may  grant  a  license  for  such  a  term  of  years 
not  exceeding  live,  as  they,  in  their  discretion,  may  deem 
necessary  and  as  the  public  good  requires,  to  any  inhab- 
itant of  said  city  to  plant,  cultivate  and  dig  clams  upon 
and  in  any  flats  and  creeks  in  said  city  now  unproductive 
thereof,  not  exceeding  two  acres  to  any  one  person  and 
not  impairing  the  private  rights  of  any  person. 

Section  2.  Every  such  license  shall  describe  by  metes 
and  bounds  the  flats  and  creeks  so  appropriated,  and  shall 
be  recorded  by  the  city  clerk  before  it  shall  have  any 
force,  and  the  person  licensed  shall  pay  to  the  mayor  and 
aldermen,  for  the  use  of  said  city,  two  dollars,  and  to  the 
clerk,  fifty  cents. 

Section  3.  The  person  so  licensed  and  his  heire  and 
assigns  shall,  for  the  purposes  aforesaid,  have  the  exclu- 
sive use  of  the  flats  and  creeks  described  in  the  license 
during  the  term  specified  therein,  and  may,  in  an  action 
of  tort,  recover  treble  damages  of  any  person  who,  with- 
out his  or  their  consent,  digs  or  takes  clams  from  such 
flats  or  creeks  during  the  continuance  of  the  license. 

Section  4.  Said  mayor  and  aldermen  may  make  such 
by-laws,  not  repugnant  to  the  laws  of  the  Commonwealth, 
as  they  may  from  time  to  time  deem  expedient  to  protect 
and  preserve  the  shell  fi.sheries  within  said  city. 

Section  5.  Whoever  takes  any  shell  fish  from  within 
the  waters  of  said  city  of  Gloucester  in  violation  of  the 
by-laws  established  by  it  or  of  the  provisions  of  this  act, 
shall  for  every  offence  pay  a  fine  of  not  less  than  five  nor 
more  than  ten  dollars  and  the  costs  of  prosecution,  and 
one  dollar  for  every  bushel  of  shell  fish  so  taken. 

Section  6.     This  act  shall  take  eflect  upon  its  passage. 

Approved  March  1,  1889. 


1889.  —  Chapters  65,  66.  825 

An  Act  authorizing  tue  amesbuuy  and  salisbuky  agricult-  HhQj)    (55 

URAL   AND   HORTICULTURAL  SOCIETY   TO   HOLD    ADDITIONAL   REAL 
AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Amesbuiy  and  Salisbury  Agricultural  pJ',:'j„'J,at  estate 
and  Horticultural  Society,  incorporated  by  chapter  two ',">' to  exi^eed 
hundred  and  four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-one,  may  hold  real  and  personal  estate  to  an 
amount  not  exceeding  ten  thousand  dollars. 

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

A2yp7'oved  March  1, 1889. 

An   Act    in    relation    to    sales    and    mortgages    of    trust  (JJiqt),   Q{j 

ESTATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-three  of  chapter  one  hun- saies  and 
dred  and  forty-one  of  the  Public  Statutes  is  hereby  uusl^e'^afateB! 
amended  by  inserting  after  the  word  ' '  estate "  in  the 
tenth  line  thereof  the  words  :  —  or  for  the  purpose  of 
paying  the  expense  of  other  improvements  of  a  permanent 
nature  made  or  to  be  made  upon  such  estate,  —  so  as  to 
read  as  follows  :  —  Section  23.  The  court  having  juris- 
diction of  a  trust  created  by  a  written  instrument  may, 
on  petition  and  after  notice  to  all  persons  interested,  if 
upon  a  hearing  it  appears  to  be  for  the  benefit  of  the  trust 
estate,  authorize  trustees  to  mortgage  any  real  estate  held 
by  them  in  trust,  for  the  purpose  of  paying  sums  assessed 
on  their  trust  estate  for  betterments  or  the  expense  of 
repairs  and  improvements  on  such  estate  made  necessary 
by  such  betterments,  or  by  the  lawful  taking  of  such 
estate  or  of  a  part  thereof  by  a  city  or  town  ;  for  the  pur- 
pose of  paying  the  expense  of  erecting,  altering,  com- 
pleting, repairing,  or  improving  a  building  on  such  estate  ; 
or  for  the  purpose  of  paying  the  expense  of  other  improve- 
ments of  a  permanent  nature  made  or  to  be  made  upon 
such  estate  ;  or  for  the  purpose  of  paying  an  existing  lien 
or  mortgage  on  such  trust  estate  or  on  a  part  thereof;  or 
it  may  authorize  such  trustees  to  niMke  an  agreement  for 
the  extension  or  renewal  of  such  existinoj  morto:ao:e. 

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

Approved  March  1,  1889. 


826 


1889.  —  Chapters  67,  68. 


Everett 
Savings  Bank, 
incorporated. 


Chcin.     67   ^'^    ^^^    "^^    INCORPOHATE    THE    EVERETT    SAVINGS    BANK    IN     THE 

TOWN    OF    EVERETT. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Woodbury  A.  Ham,  Wilraot  E.  Evans, 
Robert  M.  Barnard,  Samuel  P.  Cannell,  George  S. 
Marshall,  Samuel  M.  Johnson,  Isaac  T.  Winchester  and 
Adams  B.  Cook,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Everett 
Savings  Bank,  with  authority  to  establish  and  maintain  a 
savings  bank  in  the  town  of  Everett,  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  o-eneral  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  savings  banks  and 
institutions  for  savings. 

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

Approved  March  1,  1889. 


Cliap 


May  incur 
indebtedness 
for  completing 
public  library. 


Treasurer  to 
sell  bonds,  etc. 


Trustees  may 
sell  land  and 
building  now 
used  for 
central  library , 


(jg  An  Act  to  authorize  the  citv  of  boston  to  incur  indebted- 
ness OUTSIDE  of  the  debt  limit  to  complete  its  new  pub- 
lic LIBRARY   building. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston,  for  the  purpose  of 
enabling  the  trustees  of  the  public  library  of  the  city  of 
Boston  to  complete  the  new  public  library  building  on 
Copley  square  in  said  city,  may  incur  indebtedness,  and 
may  authorize  the  city  treasurer  of  said  city  to  issue, 
from  time  to  time,  as  the  said  trustees  shall  request,  bonds 
or  certificates  of  indebtedness,  to  an  amount  not  exceeding 
one  million  of  dollars,  outside  of  the  limit  of  indebtedness 
fixed  by  law  for  said  city.  Such  bonds  shall  bear  interest 
at  a  rate  not  exceeding  four  per  cent,  per  annum,  to  be 
fixed  as  provided  by  the  ordinances  of  said  city. 

Section  2.  Said  treasurer  shall  sell  such  bonds  or 
certificates,  or  any  part  thereof,  from  time  to  time,  and 
retain  the  proceeds  thereof  in  the  treasury  of  said  city, 
and  pay  therefrom  the  expenses  incurred  by  said  trustees 
for  the  purposes  aforesaid. 

Section  3.  The  said  trustees  shall  hold  the  land  and 
building  now  used  for  the  central  public  library  on 
Boylston  street  in  said  city,  and  shall,  on  or  before  the 
maturity  of  said  loan,  sell,  in  behalf  of  the  said  city,  the 
said  land  and  building,  in  such  manner  and  for  such  sum 


1889.  —  Chapter  69.  827 

as  they  shall  deem  best,  and  shall  pay  over  the  proceeds 
of  said  sale  to  the  board  of  commissioners  of  sinking- 
funds  of  said  city,  and  the  said  treasurer  shall  also  pay 
over  to  said  board  any  premiums  received  by  him  in  the 
sale  of  such  bonds  or  certificates.  The  said  board  shall 
place  all  amounts  so  paid  to  them  by  said  trustees  and  by 
said  treasurer  into  the  sinking  fund  for  the  payment  of 
the  loan  hereby  authorized. 

Section  4.     Except   as   hereinbefore    otherwise    pro-  Provisions  of 
vided,  the  provisions  of  chapter  twenty-nine  of  the  Public  18V4, 129,^" 
Statutes  and  of  chapter  one  hundred  and  twenty-nine  of  ^°  "'^'^'^• 
the  acts  of  the  year  eighteen  hundred    and    eighty-four 
shall  apply  to  the  issue  of  such  bonds,  and  to  the  estab- 
lishment of  a  sinking  fund  for  the    payment  thereof  at 
maturity. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1S89. 


An  Act  to  enable  cities  to  change  their  boahds  of  regis- 

TRARS   OF   voters    SO    THAT    THE    CITY   CLEKK    SHALL    NOT   BE    A 
MEMBER  THEREOF. 


Chaj).  G9 


voters  in  cities. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  any  city  which  shall  accept  the  pro-  Registrars  of 
visions  of  this  act,  as  herein  provided,  the  mayor  of  such 
city  shall,  in  the  month  of  March  or  April  of  or  following 
such  acceptance,  appoint  two  able  and  discreet  persons, 
qualified  voters  in  such  city,  who  shall  hold  no  other  ofiice 
nor  position  by  election  or  appointment  in  said  city,  to  be 
members  of  the  board  of  registrars  of  voters  of  said  city  ; 
one  of  whom  shall  hold  his  office  for  the  term  of  three 
years  from  the  first  day  of  May  then  next  ensuing  and 
until  another  is  appointed  in  his  place,  and  the  other  for 
the  term  of  four  years  from  said  first  day  of  May  and 
until  another  is  appointed  in  his  place  ;  and  in  the  same 
manner  the  mayor  of  such  city  shall,  in  the  month  of 
March  or  April  in  each  year,  after  the  foregoing  appoint- 
ments, 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  is 
appointed  in  his  place.  The  city  clerk  of  such  city  shall 
cease  to  be  a  member  of  the  board  of  registrars  of  voters 
on  and  after  the  first  day  of  May  in  the  year  of  the  first 
appointment  named  in  this  section. 


828  1889.  — Chapters  70,  71. 

Jf^th'eirmimbcr  Sectiox  2.  During  the  month  of  Ma}^  in  each  year 
to  act  as  clerk,  following  the  acceptance  of  this  act  and  before  any  other 
business  is  transacted,  said  board  of  registrars  shall  choose 
one  of  their  number  to  be  and  act  as  clerk,  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  registrars  of  voters  in  such  city. 
dutTeT""'*  Section  3.     Except  as  herein  provided,  the  board  of 

registrars  of  voters  of  any  such  city,  accepting  this  act  as 
aforesaid,  shall  do  and  perform  all  things  required  of 
registrars  of  voters  of  cities  by  chapter  two  hundred  and 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four  and  by  all  acts  and  parts  of  acts  in  addi- 
tion thereto  or  in  amendment  thereof,  and  shall  receive 
the  same  compensation,  and  shall  equally  represent  the 
two  political  parties,  as  provided  in  said  chapter. 
when°accepled  Sectiox  4.  The  provisious  of  this  act  shall  apply  only 
by  city.  to  those  cities  which  shall  approve  thereof  by  vote  of  their 

city  council  approved  by  the  mayor.  All  acts  and  parts 
of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  5.     This  act  shall  take  eifect  upon  its  passage. 

Ajyproved  March  i,  1889. 

Chap.   70    ^^  Act  to  establish  the  salary  of  the  auditor  of  accounts. 
Be  it  enacted,  etc.,  as  follows: 

auduur?^  Section  1.     The  salary  of  the  auditor  of  accounts  shall 

be  thirty-five  hundred  dollars  per  annum,  to  be  so  allowed 
from  the  first  day  of  January  in  the  year  eighteen  hundred 
and  eighty-nine. 

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

Apjyroved  March  1,  1889. 

ChCtp.  71  ^^  ^^'^  '^^  AUTHORIZE  THE  BLACK  ROCKS  AND  SALISBURY  BEACH 
STREET  RAILWAY  COMPANY  TO  INCREASE  ITS  CAPITAL  STOCK, 
EXTEND  ITS  LOCATION,  ISSUE  BONDS  AND  MORTGAGE  ITS  PROP- 
ERTY AND   FRANCHISE. 

Be  it  enacted,  etc.,  as  follows: 

l[%lTIilTk  Section  1.     The   Black   Rocks   and  Salisbury   Beach 

for  purpose  of     Sti'cet  Railway  Compan}''  is  hereby  authorized  to  increase 

uacks.'"^  its  capital  stock  to  an  amount  which,  together  with  the 

amount  heretofore  authorized,  shall  not  exceed  sixty-five 

thousand  dollars,  for  the  purpose  of  extending  its  tracks 

from  a  point  near  the  post  ofiice  in  the  town  of  Salisbury 


1889.  — Chapter  72.  829 

to  High  street  in  the  city  of  Newburyport,  and  for  the 
purchase  of  equipment. 

Section  2.  The  said  company  may  extend,  maintain  May  extend, 
and  operate  its  tracks  in  any  street  or  location  granted  to  ™pm°ateua"ks. 
said  company  by  the  mayor  and  aldermen  of  the  city  of 
Newburyport,  or  the  selectmen  of  the  towns  of  Salisbury 
or  Amesbury,  and  on  land  acquired  by  the  said  company 
by  purchase  or  by  lease,  or  on  land  over  which  a  I'ight  of 
way  has  been  or  may  be  acquired  by  said  company. 

Section  3.  The  said  company  from  time  to  time,  by  May  issue  bonds 
vote  of  a  majority  in  interest  of  its  stockholders  at  meet-  payment  by  a 
ings  called  for  the  purpose,  may  issue  coupon  or  regis-  ™°''s^se- 
tered  Ijonds,  bearing  interest  not  exceeding  six  per  centum 
per  annum,  to  an  amount  not  exceeding  the  amount  of  its 
capital  stock  actually  subscribed  for  and  paid  in,  for  a 
term  not  exceeding  twenty  years  from  date  thereof;  and 
to  secure  payment  thereof,  w^ith  interest  thereon,  the  said 
company  may  make  a  mortgage  of  its  road  and  franchise 
and  any  part  of  its  other  property,  and  may  include  in 
such  mortgage  property  thereafter  to  be  acquired.  Said 
company  may  in  such  mortgage  reserve  to  its  directors 
the  right  to  sell  or  otherwise,  in  due  course  of  business, 
dispose  of  property  included  in  such  mortgage  which  may 
become  worn,  damaged  or  otherwise  unsuitable  to  be  used 
in  the  operation  of  its  road,  provided  that  an  equivalent 
in  value  be  substituted  in  lieu  thereof. 

Section  4.     All  bonds  so  issued  shall  first  be  approved  approved  and 
by  some    person    appointed  by  the  corporation  for   that  ceiurted. 
purpose,  who   shall    certify  upon    each   bond   that    it   is 
properly  issued  and  recorded. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1889. 

An  Act  to  authorize  the  holyoke  water  powek  company  QJiaq)^  -72 

TO   INCKEASE   ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   Holyoke   Water    Power   Company,  May  increase 
incorporated  by  chapter  six  of  the  acts  of  the  year  eight-  "^^'^  ^°^  ' 
een    hundred    and    fifty-nine,    is    hereby    authorized    to 
increase  its  capital  stock  to  an  amount  not  exceeding  one 
million  two  hundred  thousand  dollars. 

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

Approved  March  1,  1889. 


830  1889.  — Chapters  73,  74. 


(JhaV.    73   -^N     ACr    TO    AUTHORIZE     THE     GRANITE     MILLS     TO     INCREASE    ITS 

CAPITAL     STOCK. 

Be  it  enacted,  etc.,  as  follows: 

Si'itii'stock!  Section  1.     The  Granite  Mills,  incorporated  by  chap- 

ter forty-eio;ht  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-three,  is  authorized  to  increase  its  capital  stock 
to  an  amount  which  together  with  the  amount  heretofore 
authorized  shall  not  exceed  one  million  dollars. 

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

Approved  March  1,  1889. 

ChcVp.     74   ^^    ^^"^    "^O    AUTHORIZE    THE    CITV    OF     BOSTON    TO    SUPPLY   MOON 
ISLAND   AND   LONG   ISLAND   WITH   PURE   AVATER. 

Be  it  enacted,  etc.,  as  follows: 

^SyMoon  SECTION  1.     The  city  of  Boston  is  hereby  authorized 

Island  with^""^  ^°  carry  the  waters  of  the  Sudbury  river  and  lake  Cochit- 
pure  water,        uatc  to,  iuto  and  througli  Moon  island  and  Long  island  in 
Boston  harbor,  and  to  supply  the  inhabitants  thereof  with 
said  waters,  and  for  that  purpose  may  lay  pipes  across  the 
Neponset  river,  and  in    Hancock  street,  Atlantic    street 
and  Squantum  street  in  the  city  of  Quincy,  and  from  said 
Squantum  street,  in  and  through  private  lands,  to,  into 
and  through  Moon  island,  and  thence  to,  into  and  through 
Long   island,  and  may  make   any  suitable    structure    or 
structures  necessary  for  said  purpose  over  or  under  any 
tide-waters,  or  channel  or  portion  of  Boston  harbor. 
fnd'd1?up"^°°       Section  2.     For  the  purposes  aforesaid  the  said  city  of 
guinc*'"  Boston  shall  have  all  the  powers,  and  be  subject  to  all  the 

duties  applicable  thereto,  which  are  given  and  imposed 
by  chapter  one  hundred  and  sixty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  forty-six,  chapter  one  hundred 
and  seventy-seven  of  the  acts  of  the  year  eighteen  hun- 
dred and  seventy-two,  and  chapter  nineteen  of  the  Public 
Statutes ;  and,  in  entering  upon  and  digging  up  any 
streets  in  said  city  of  Quincy,  shall  be  subject  to  such 
reasonable  regulations  as  shall  be  made  by  the  city  coun- 
cil of  said  city  of  Quincy. 
hyYrfnts!'''*^  Section  3.  Said  city  of  Boston  while  laying  down 
said  pipes  in  said  streets  shall  insert  therein  hydrants  at 
points  one  thousand  feet  apart,  to  be  used  for  the  purpose 
of  extinguishing  fires,  and  for  no  other  purpose,  and  said 


1889.  — Chapters  75,  76.  831 

city  of  Quincy  shall  pay  the  expenses  of  keeping  in  repair 
all  such  hydrants  as  shall  be  so  inserted. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1889. 

An  Act  to  allow  the  international  trust  company  to  in-  (JJi(n^    75 

CUEASE   ITS   CAPITAL   STOCK   AND   TO   HOLD  KEAL  ESTATE  SUITABLE 
FOR   THE   TRANSACTION   OF   ITS   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  International  Trust  Company,  incor-  May  increase 
porated  by  chapter  one  hundred  and  fifty-two  of  the  acts  ''^^"^  ^'°'^  * 
of  the  year  eighteen  hundred  and  seventy-nine,  is  hereby 
authorized  to  increase  its  capital  stock  from  time  to  time 
to  an  amount  not  exceeding  one  million  dollars  :  provided,  Provisos. 
that  no  certificate  of  shares  shall  be  issued  until  the  par 
value  of  such  shares  shall  have  been  paid  in  in  cash ;  and 
provided,  further,  that  the  shareholders  of  said  corpora- 
tion shall  be  individually  responsible,  equally  and  ratably, 
and    not    one  for  the  other,  for  all  contracts,  debts  and 
engagements  of  said    corporation  to   the    extent   of  the 
amount  of  their  stock  therein,  at  the  par  value  thereof,  in 
addition  to  the  amount  invested  in  such  shares. 

Section  2.     Said  corporation  may  hold  real  estate  in  May  hold  real 
the    city  of  Boston,  suitable   for   the   transaction  of  its  ^^^'■^^^^^ 
business,  to  an  amount  not  exceeding  five  hundred  thou- 
sand dollars. 

Section  3.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  International  Trust  Company. 

Apjjroved  March  1,  1889. 

An  Act  making  appropriations  for  expenses  authorized  the  H'hn^    HQ 

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,  except  as  herein 
provided,  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  expenses  in  connection  with  the  centennial  celebra-  centennial 
tion  of  the  inauguration  of  George  Washington  as  presi-  l^^anglfraUon 
dent  of  the  United  States,  a  sum  not  exceeding  thirty  "f  Washington. 


832 


1889.  — Chapter  76. 


Lesrislalive 
bulletin. 


Normal  school 
at  Framiugbaoi. 


Charles  Wright 
and  M.u8e8  G. 
Howe. 


William  S. 
Shurtleff. 


Soldiers'  home. 


Manual  of  the 
general  court. 


Capital  trials. 


Small  items  of 
expenditure. 


Reports  of 

ineurance 

commissioner. 


Support  of  state 
paupers  in 
Massachusetts 
school  for 
feeble-minded, 
etc. 


Quartermasters' 
supplies. 


thousand  dollars,  as  authorized  by  chapter  one  of  the 
resolves  of  the  present  year. 

For  expenses  in  connection  with  the  publication  of  a 
legislative  bulletin  of  committee  hearings,  a  sum  not 
exceeding  one  thousand  dollars,  as  authorized  by  chapter 
three  of  the  resolves  of  the  present  year. 

For  furnishing  Crocker  hall  at  the  state  normal  school 
at  Framingham,  a  sum  not  exceeding  two  thousand  two 
hundred  and  twenty-five  dollars,  as  authotized  by  chapter 
four  of  the  resolves  of  the  present  year. 

For  Charles  Wright  and  Moses  G.  Howe,  the  sum  of 
seventy-three  dollars,  as  authorized  by  chapter  five  of  the 
resolves  of  the  present  year. 

For  William  IS.  Shurtiefi*,  the  sum  of  eleven  hundred 
and  twenty  dollars  and  forty-seven  cents,  as  authorized 
by  chapter  seven  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  nine  of  the  resolves  of  the  present  year. 

For  printing  and  binding  twelve  hundred  additional 
copies  of  the  manual  of  the  general  court,  a  sum  not 
exceeding  five  hundred  and  fifty  dollars,  as  authorized  by 
chapter  thirty-two  of  the  acts  of  the  present  year. 

For  publishing  the  reports  of  capital  trials,  under  the 
direction  of  the  attorney-general,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

For  small  items  of  expenditure  for  which  no  appropria- 
tions 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  printing  and  binding  five  hundred  additional  copies 
of  each  of  the  reports  of  the  insurance  commissioner,  a  sum 
not  exceeding  three  hundred  and  fifty  dollars,  as  author- 
ized by  chapter  thirty-five  of  the  acts  of  the  present  year. 

The  appropriation  of  the  sum  of  five  thousand  dollars 
for  the  support  of  state  paupers  in  the  Massachusetts 
school  for  the  feeble-minded,  authorized  by  chapter 
twenty-three  of  the  acts  of  the  present  year,  is  hereby 
made  applicable  for  the  support  of  the  same  class  of  state 
paupers  in  the  hospital  cottages  for  children  at  Baldwins- 
ville,  or  at  such  other  place  as  the  board  of  lunacy  and 
charity  shall  direct. 

For  quartermasters'  supplies,  a  sum  not  exceeding  four 
thousand  dollars,  being  in  addition  to  the  twelve  thousand 


coraraissionere. 


1889.  —  Chapter  77.  833 

dollars  appropriated  by  chapter  eight  of  the  acts  of  the 
present  year. 

For  the  support  of  state  normal  schools,  a  sum  not  gcUoo,""''"^' 
exceeding  six  hundred  dollars,  being  in  addition  to  the 
seventy-three  thousand  thirty-nine  dollars  and  fifty  cents, 
authorized  by  chapter  nine  of  the  acts  of  the  present  year, 
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  rent  of  rooms  for  the  use  of  the  civil  service  com-  Civii  service 

,  T  1  1        1       T     11  coraraissiou. 

missioners,  a  sum  not  exceedmg  one  hundred  dollars, 
beins:  in  addition  to  the  sum  of  eio;ht  .hundred  dollars 
appropriated  by  chapter  thirty- three  of  the  acts  of  the 
present  year. 

For  compensation  of  experts  or  other  agents,  for  rent  Railroad 
of  office  and  for  incidental  and  contingent  expenses  of  the 
railroad  commissioners,  a  sum  not  exceeding  five  hundred 
dollars,  being  in  addition  to  the  seven  thousand  eight  hun- 
dred and  fifty  dollars  appropriated  by  chapter  thirty-three 
of  the  acts  of  the  present  year. 

For  travelling   and    other   necessary  expenses    of  the  Maesachusetts 
trustees  of  the  Massachusetts  agricultural  college,  a  sum  coiVugo.""^" 
not   exceeding   five   hundred   dollars,    as   authorized   by 
chapter  forty-five  of  the  acts  of  the  present  year. 

For  the  payment  of  postage  and  expressage  on  docu-  Postage,  etc.,  on 

.  .     ,  1  J?   J.1  1  .L  J.   documents  sent 

ments  sent  to  members  of  the  general  court,  a  sum  not  to  members  of 
exceeding  one  thousand  dollars,  as  authorized  by  chapter  several  court. 
fifty-three  of  the  acts  of  the  present  year. 

For   concluding   any  contract   between   the    Common-  contract 
wealth  and  the  corporation  established  as  the  Troy  and  ami^'the'Tro/ 
Greenfield  Kailroad  Company,  as  authorized  by  chapter  Raui^ad!"""'^ 
forty-eight  of  the  resolves  of  the  year  eighteen  hundred 
and  eighty-three,  a  sum  not  exceeding  fifteen   thousand 
dollars. 

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

Approved  March  6',  1889. 


Chap.  11 


An  Act  to  establish  the  salary  of  the  second  clerk  of 

THE  commissioners   OF  SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The    salary  of  the    second    clerk    of  the  saiary 
commissioners  of  savings  banks  shall  be  twelve  hundred  established. 


834 


1880.  —  Chapter  78. 


dollars  a  year,  to  be  so  allowed  from  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  March  6,  1889. 


Chap 


Town  may 
regulate  certain 
fisheries. 


Inspectors  to 
be  elected. 


Penalties. 


Jurisdiction  of 
district  court  of 
East  Norfolk. 


Powers  of  com- 
missioners on 
inland  fisheries, 


rg  An  Act  to  kegulate  the  taking  ok  fish  in  certain  streams 

WirillN   the   limits    of   the   town    ok   RANDOLPH. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Kandolph  may,  at  any  legal 
meeting  called  for  that  purpose,  make  regulations  not 
inconsistent  with  the  provisions  of  the  general  laws  of  the 
Commonwealth  concerning  the  taking  of  alewives,  shad 
and  smelts  in  the  Blue  Hill  river,  and  the  Noraway  river 
and  its  branches,  and  all  the  streams  flowing  into  Great 
pond  and  into  Monatiquot  river,  within  the  limits  of  said 
town,  or  concerning  the  disposal  of  the  privilege  of  taking 
the  same,  for  its  own  use  and  benefit. 

Sectiox  2.  Said  town  shall,  at  its  annual  meeting  in 
April  in  the  year  eighteen  hundred  and  eighty-nine,  and 
in  each  year  thereafter,  choose  three  discreet  persons  by 
ballot,  Avhose  duty  it  shall  be  to  inspect  said  rivers  and 
streams,  to  cause  the  regulations  respecting  said  fishery 
to  be  carried  into  effect  and  to  prosecute  all  violations 
thereof. 

Section  3.  Whoever  takes  from  said  rivers  or  streams 
any  of  said  fish  in  violation  of  the  provisions  of  said  regu- 
lations shall  forfeit  for  each  fish  so  taken  not  more  than 
ten  dollars  nor  less  than  one  dollar,  one  half  of  said 
penalty  to  be  paid  to  the  complainant  and  the  other  half 
to  said  town. 

Section  4.  The  .  district  court  of  East  Norfolk  is 
hereby  given  primary  jurisdiction  of  offences  under  this 
act. 

Section  5.  The  commissioners  on  inland  fisheries 
shall  have,  with  regard  to  said  rivers  and  streams,  the 
general  powers  and  authority  conferred  upon  them  by 
chapter  ninety-one  of  the  Public  Statutes  of  the  Common- 
wealth. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March.  6,  1889. 


1889.  —  Chaptees  79,  80.  835 

An  Act  in  addition  to  an  act  to  iNCORroRATE  the  gurnet  (JJiq^jj    JQ 

BRIDGE  COMPANY  AND  TO  AUTHORIZE  THE  BUILDING  OF  A  BRIDGE 
FROM  POWDEK  POINT  TO  SALTER'S  BEACH  IN  THE  TOWN  OF 
DUXBURY. 

Be  it  enacted^  etc.,  as  folloios: 

Section  1.     Section  five  of  chapter  three  hundred  and  ^on"|:^,^°ybor; 
one  of  the  acts  of  the  year  eiohteen  hundred  and  eiohtv-  'o^  money  to 

,     ,  ,  build  bridge. 

seven  is  hereby  amended  by  striiving  out  all  after  the  word 
"equitable"  in  the  eighth  line  thereof,  so  as  to  read  as 
follows  :  —  Section  5.  Said  county  commissioners  may 
borrow  such  sum  or  sums  of  money  on  the  credit  of  the 
county  of  Plymouth  as  may  be  necessary  to  carry  into 
effect  the  provisions  of  this  act ;  and  they  shall  determine 
what  cities  and  towns  in  said  county  will  receive  a  special 
benefit  from  the  buildino;  of  said  bridge,  and  shall  assess 
upon  them  such  portion  of  the  cost  of  construction,  and 
in  such  proportions,  as  they  may  deem  equitable. 

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

Approved  March  6,  1889. 


An  Act  to  authorize  the  town  of  marlborough  to  make 
an  additional  water  loan. 


Chap.  80 


Be  it  enacted.,  etc.,  as  folloios: 

Section  1.     The  town  of  Marlborough,  for  the  pur-  May  make  an 
poses  mentioned  in  section  four  of  chapter  one  hundred  wa1er°oaL. 
and  ninety-one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty,  may  issue  notes,  bonds  or  scrip,  to  be  denom- 
inated on  the  face  thereof  Marlborough   Water  Loan,  to 
an  amount  not  exceeding  fifty  thousand  dollars  in  addition 
to  the  amounts  heretofore  authorized  by  law  to  be  issued 
by  said  town  for  the  same  purposes  ;  said  notes,  bonds  or 
scrip  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  Marlborough  water  loan  by  said  town  : 
2)7'Ovided,  that  the  whole  amount  of  such  notes,  bonds  or  whoie  amount 
scrip  issued  by  said  town,  together  with  those  heretofore  $300,00^0?^^'' 
issued  by  said  town  for  the  same  purposes,  shall  not  in 
any  event  exceed  the  amount  of  three  hundred  thousand 
dollars. 

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

Approved  March  6,  1889. 


836  1889.  —  Chapters  81,  82,  83. 


ChciJ).  81  ^^  ^^^  '^'^  AUTHORIZE  THE  MASSACHUSETTS  CHAUITABLE  EYE  AND 
EAR  INFIRMARY  TO  HOLD  ADDITIONAL  REAL  AND  PERSONAL 
ESTATE. 

Beit  enacted,  etc.,  as  follows: 

fe^sonaf  estate        Section  1.     The   MassRcliusetts   Charitable   Eye   and 

not  to  exceed      Eai*    Infirmary,    a   corporation    established    by    chapter 

ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 

twenty-six,    may   hold   real    and    personal    estate    to    an 

amount  not  exceeding  one  million  dollars. 

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

Approved  March  7,  1889. 

ChCllJ.  82  ^^  ^^^  RELATIVE  TO  THE  HOLDING  OF  PROPERTY  BY  THE  UNITED 
STATES  HOTEL  COMPANY  OF  BOSTON  AND  TO  VOTING  AT  MEET- 
INGS  OF   SAID   CORPORATION. 

Be  it  enacted,  etc.,  as  folloivs: 

ert7noft^oex°^'  Section  1.  The  United  States  Hotel  Company,  a  cor- 
ceed  $1,000,000.  poratioii  established  under  the  name  of  the  Proprietors  of 
the  City  Hotel  in  Boston  by  chapter  one  hundred  and 
three  of  the  acts  of  the  year  eighteen  hundred  and  twenty- 
four,  may  hold  corporate  property  for  the  purposes  of  its 
incorporation  to  an  amount  not  exceeding  one  million 
dollars. 
melufg^8*of  Section  2.     Section  six  of  said  chapter,  relative  to  the 

corporation.  powcrs  of  members  of  said  corporation  in  voting  at  meet- 
ings thereof,  is  hereby  amended  by  striking  out  the  words 
"provided  that  no  one  proprietor  shall  have  more  than 
thirty  votes." 

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

Approved  March  7,  1889. 


ChUV      83   ^'^   '^^'^  '^^   ESTABLISH   THE  SALARY  OF  THE  CLERK  OF  THE  CENTRAL 

DISTRICT  COURT  OF   WORCESTER. 

Be  it  enacted,  etc. ,  as  folloivs : 
Salary  of  clerk        SECTION  1.     Tlic  Salary  of  the  clerk  of  the  Central  dls- 

eetabliebco.  .  _  i     n   i  i  i        i  i 

trict  court  oi  A\  orcester  shall  be  twenty-two  hundred  and 
fifty  dollars  per  annum,  to  be  so  allowed  from  the  first 
day  of  January  in  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Approved  March  7,  1889. 


1889.  — Chapters  84,  85.  837 


An  Act  relating  to  the  ownership  of  real  estate  for  the  nhn-ri    «4 

PURPOSE   OF  taxation.  ^' 

Be  it  enacted^  etc.,  as  follows : 

Section  1.  Section  thirteen  of  chapter  eleven  of  the  AsseBsment  and 
Public  Statutes  is  hereby  amended  by  inserting  after  taxeTupon^ 
the  word  "  taxes"  in  the  first  line  thereof  the  words  : —  leai estate. 
on  real  estate, — and  by  striking  out  in  the  second  line 
of  said  section  the  words  "  of  record  as  owners  of  I'eal 
estate  "  and  inserting  in  place  thereof  the  words  :  —  in 
the  records  of  the  county  where  the  real  estate  lies  as  the 
owners  thereof  on  the  first  day  of  May,  even  if  deceased, 
—  so  as  to  read  as  follows  :  —  Section  13.  For  the  pur- 
pose of  assessing  and  collecting  taxes  on  real  estate  the 
persons  appearing  in  the  records  of  the  county  where  the 
real  estate  lies  as  the  owners  thereof  on  the  first  day  of 
May,  even  if  deceased,  shall  be  held  to  be  the  true  owners 
thereof.  Taxes  on  real  estate  shall  be  assessed,  in  the 
city  or  town  where  the  estate  lies,  to  the  person  who  is 
either  the  owner  or  in  possession  thereof  on  the  first  day 
of  May.  Mortgagors  of  real  estate  shall,  for  the  purposes 
of  taxation,  except  as  provided  in  the  three  folio  wing- 
sections,  be  deemed  owners  until  the  morts'ao'ee  takes 
possession,  after  which  the  mortgagee  shall,  except  as 
provided  in  said  sections,  be  deemed  the  owner. 

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

Approved  March  7,  1889. 

An  Act  to  provide  for  clerical  assistance  in  the  office  of  /^^«^    Qr 

the  treasurer  of  the  county  of  MIDDLESEX.  -^ 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1 .     The  treasurer  of  the  county  of  Middlesex  clerical 
shall  be  allowed  for  clerical  assistance  a  sum  not  exceed-  ueasuTe^of"^ 
ing    five    hundred    dollars    in    any   one   year,   upon   his  ^ifu'tyr^ 
certificate  that  the  work  was  actually  performed  and  was 
necessary,  with  the  time  occupied  and  the  names  of  the 
person  or  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  efiect  upon  its  passage. 

Approved  March  5,  1889. 


838 


1889.  — CHArTEES  86,  87. 


Chap.  86 


DepoBits  in 
savings  banks. 


Amount 
limited. 


An  Act  relating  to  deposits  in  savings  banks. 
Be  it  enacted^  etc.,  as  follows: 

Section  1.  Section  nineteen  of  chapter  one  hundred 
and  sixteen  of  the  Public  Statutes  is  hereby  amended  by 
inserting  after  the  words  "or  charitable  corporations" 
the  words :  —  or  to  deposits  made  by  direction  of  a  pro- 
bate court  by  virtue  of  the  sixteenth  section  of  the  one 
hundred  and  forty-fourth  chapter  of  the  Public  Statutes, 
—  so  as  to  read  as  -follows:  —  Section  19.  Every  such 
corporation  may  receive  deposits  from  any  person  until 
they  amount  to  one  thousand  dollars ;  and  may  allow 
interest  upon  such  deposits,  and  upon  the  interest  accu- 
mulated thereon,  until  the  principal,  with  the  accrued 
interest,  amounts  to  sixteen  hundred  dollars  ;  and  there- 
after upon  no  greater  sum  than  sixteen  hundred  dollars ; 
but  the  limitations  contained  in  this  section  shall  not  apply 
to  deposits  by  religious  or  charitable  corporations,  or  to 
deposits  made  by  direction  of  a  prol^ate  court  by  virtue 
of  the  sixteenth  section  of  the  one  hundred  and  forty- 
fourth  chapter  of  the  Public  Statutes. 

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

Approved  March  8,  1889. 

ChClV.    87   ^'^    ^^"^    "^^    AMEND    THE    CHARTER    OP     THE     OLD     LADIES'     HOME 

ASSOCIATION. 

Be  it  enacted.,  etc.,  as  follows: 

Section  1.  The  Old  Ladies'  Home  Association,  incor- 
porated by  chapter  one  hundred  and  forty  of  the  acts  of 
the  year  eighteen  hundred  and  fifty-six  and  amended  by 
chapter  two  hundred  and  sixty-four  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  shall  elect  annually, 
by  vote  of  the  members  thereof,  twenty-one  members 
who  shall  be  denominated  the  board  of  managers,  and 
they  shall  hold  office  for  the  term  of  one  year  and  until 
their  successors  are  duly  elected. 

Section  2.  A  notice  of  a  special  or  annual  meeting  of 
said  corporation  to  the  board  of  managers  shall  be  deemed 
a  lawful  notice  to  all  of  the  members  of  said  corporation. 

Section  3.  Said  corporation  is  authorized  to  take  and 
hold  real  and  personal  estate  to  an  amount  not  exceeding 
two  hundred  and  fifty  thousand  dollars. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1889. 


Board  of 
managers  to 
be  elected. 


Notice  of 
meeting  of 
corporation. 


Real  and 
personal  estate. 


1889.  — Chapters  88,  89,  90.  839 


An  Act  requiring  savings  banks  and  institutions  for  savings  (JJinj)    gg 

TO   MAKE   AN    ACCURATE    TRIAL    BALANCE   OF  THEIR    DEPOSITORS' 
LEDGERS. 

Be  it  enacted^  etc. ,  as  folloios : 

Section  1.     Every  savings   bank   and   institution  for  Tnai  balance 
savings  shall,  as  often  as  once  in  each  of  its  fiscal  years,  ledgers. 
make  an  accurate  trial  balance  of  its  depositors'  ledgers. 

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

Approved  March  8,  1889. 

An    Act  relating  to  the  use  of  buildings  in  the  city  of  QJiar)    gQ 

BOSTON   FOR   STABLES. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  No  person  shall  hereafter  occupy  or  use  uee  of  stabies 
any  building  in  the  city  of  Boston  for  a  stable  unless  first  reg^°ated. 
authorized  thereto  by  the  board  of  health  of  said  city, 
and  in  such  case  only  to  the  extent  so  authorized,  pro- 
vided that  this  act  shall  not  prevent  any  such  occupation 
and  use  authorized  by  law  at  the  time  of  the  passage  of 
this  act,  to  the  extent  so  authorized. 

Section  2.     Any   person   violating   any   provision  of  Penalties. 
this  act  shall  be  liable  to  a  fine  not  exceeding  five  dollars 
for  each  and  every  day  that  such  violation  continues,  and 
any  court  having  jurisdiction  in  equity  may  restrain  such 
use  and  occupation. 

Section   3.     Chapter    three   hundred    and   sixty-nine  Repeal. 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine, 
chapter  one  hundred  and  ninety-two  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-eight  and  all  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  4.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  8,  1889. 

An  Act  to  further  provide  for  the  support  of  the  criminal  f^jjfj^^    on 

INSANE   BY   THE   COMMONWEALTH.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  two  of  chapter  one  hundred  and  shpp'"'*  °}  *^® 

n  '    ^  p       ^  />i  •    ^  iii    criminal  insane. 

lorty-eight   oi   the   acts    ot    the   year   eighteen   hundred  Amendment  to 
and  eighty-three  is  hereby  amended  by  inserting  in  the 


1883,  148,  §  2. 


sixth  line  of  said  section  after  the  word  "therein"  the 
words  :  —  or  in  any  state  charitable  institution  to  which 
he  may  be  transferred,  —  so  as   to    read   as   follows  :  — 


840  1889.  — Chapters  91,  92. 

Section  2.  When  a  person  held  in  prison  on  a  charge  of 
felony  is  committed  to  a  state  lunatic  hospital  under  the 
provisions  of  sections  fifteen  or  thirty  of  chapter  two  hun- 
dred and  thirteen  or  of  sections  sixteen,  nineteen  or 
twenty  of  chapter  two  hundred  and  fourteen  of  the  Public 
Statutes,  the  charges  for  his  support  therein,  or  in  any 
state  charitable  institution  to  which  he  may  be  transferred, 
shall  be  paid  by  the  Commonwealth. 
^s^sturp.'"  Section  2.  Section  three  of  said  chapter  one  hundred 
and  forty-eight  is  hereby  amended  by  inserting  after  the 
word  ' '  commitments "  in  the  second  line  thereof  the 
Avords  : — and  transfers,  —  so  as  to  read  as  follows:  — 
Section  3.  The  provisions  of  this  act  shall  apply  to  such 
commitments  and  transfers  already  made. 

Approved  March  8,  1889. 

ClUip.  91  ^^  -^^"^  ^N  ADDITION  TO  AN  ACT  RELATIVE  TO  THE  LOCATION  IN 
WHICH  A  SAVINGS  BANK  OR  INSTITUTION  FOR  SAVINGS  MAY 
TRANSACT  ITS   PRINCIPAL  BUSINESS. 

Be  it  enacted,  etc.,  as  folloivs: 

ingsand'^eet-  Section  1.  Scctiou  ouc  of  chapter  two  hundred  and 
iDgs  of  trustees,  fifty-thrcc  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  is  hereby  amended  by  adding  to  said  section 
at  the  end  thereof  the  following  words  :  — provided,  how- 
ever, that  its  annual  meeting  and  meetings  of  its  trustees 
may  be  held  at  other  places  in  the  city  or  town  where  it 
is  located. 

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

A2)proved  March  11,  1889. 

Chap.  92  ^"^  -^^^  "^^  ESTABLISH  THE  SALARY  OF  THE  CLERK  OF  THE  MUNIC- 
IPAL COURT  OF  THE  WEST  ROXBURY  DISTRICT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  folloios : 

Salary  of  clerk.  SECTION  1.  The  salaiy  of  the  clerk  of  the  municipal 
court  of  the  West  Eoxbuiy  district  of  the  city  of  Boston 
shall  be  eight  hundred  dollars  a  year,  to  be  so  allowed 
from  the  first  day  of  January  in  the  year  eighteen  hundred 
and  eighty-nine. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
/  Approved  March  11,  1889. 


1889.  — Chapters  93,  94.  841 


An  Act  to   provide  for  the  further  improvement  of   the  QJian.  Oii 
commonwealth's  flats  at  south  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  enforcing  and  execut-  ^°"][^?°flat6  at 
ins:   the   provisions    and   requirements    of   existinsf   laws  Somh  Boston; 

?      •  1  y-N  1,1  ?         rt     J  j_     o        ^1       -n       J.  $500,000 

relating  to  the  Commonwealtlis  tlats  at  boutli  Jsoston,  appropriated. 
and  for  the  payment  of  money  which  may  be  needed  to 
carry  out  the  provisions  of  chapter  two  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-five,  the  sum  of  five  hundred  thousand  dollars  is 
hereby  appropriated  from  the  Commonwealth's  flats  im- 
provement fund,  established  by  chapter  two  hundred  and 
thirty-seven  gf  the  acts  of  the  year  eighteen  hundred 
and  seventy-eight,  in  addition  to  the  amount  now  in  said 
fund. 

Section  2.     In  order  to  increase  the  amount  of  moneys  Money  to  be 
in  said  improvement  fund  available  for  the  purposes  afore-  to  time,  as 
said,  and  in  anticipation  of  receipts  from  sales  or  use  of  ''"i""'' 
the  Commonwealth  lands  at  South  Boston,  there  shall  be 
paid  out  of  the  treasury  of  the  Commonwealth,  from  time 
to  time,  into  the  Commonwealth's  flats  improvement  fund, 
such  sums  of  money  as  may  be  required  under  this  act ; 
but  the  amount  so  paid  before  the  first  day  of  July  in  the 
year  eighteen  hundred  and  eighty-nine  shall  not  exceed 
seventy-five  thousand  dollars. 

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

Approved  March  11,  1889. 


An  Act  to  authorize  the  city  of  lawrence  to  maintain  a  ni.f.^^    C)A 

bridge    over    the    north    canal    of    the    ESSEX    COMPANY    ON  -'-   ' 

UNION   STREET   IN    SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Lawrence  is  hereby  authorized  ^j^^g^to^^^^-u. 
and  required  hereafter  to  maintain  and  keep  in  good  repair  tain  a  bridge 

«,    i        ,    ,      •  1  ,1  .1  ^       c  Z^        T^  r\  over  the  north 

a  sufficient  bridge  over  the  north  canal  oi  the  Jiissex  L/om-  canai  of  the 
pany  where  said  canal  crosses  Union  street  in  said  city ;  ^ssexcompany. 
and  the  said  Essex  Company  is  hereby  relieved  and  dis- 
charged from  all  duty  and  liability  imposed  upon  said 
company,  l)y  the  fourth  section  of  chapter  one  hundred 
and  sixty-three  of  the  acts  of  the  year  eighteen  hundred 
and  forty-five  or  any  act  in  addition  thereto,  to  make  and 
maintain  such  bridge. 


842 


1889.  — Chapter  95. 


Agreement  of 
indenture 
ratified  and 
confirmed. 


Section  2.  The  agreement  of  indenture  executed  by 
and  between  the  said  city  of  Lawrence  and  the  said  Essex 
Company  on  the  sixteenth  day  of  October  in  the  year 
eighteen  hundred  and  eighty-eight,  providing  for  the 
maintenance  of  such  bridge  by  the  said  city  of  Lawrence 
and  the  discharge  of  the  said  Essex  Company  from  all 
further  duty  or  liability  in  respect  thereto,  is  hereby 
ratified  and  confirmed. 

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

Approved  March  11,  1889. 


May  transfer 
funds  find 
property  to  the 
Massachusetts 
Bible  Society. 


(JJiaj).  95  ^N  ^^"^  AUTHORIZING  THE  TRANSFER  OF  THE  PROPERTY  OF  THE 
FEMALE  AUXILIARY  BIBLE  SOCIETY  OF  BOSTON  AND  VICINITY,  AND 
THE   DISSOLUTION   OF    THE   CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Female  Auxiliary  Bible  Society  of 
Boston  and  Vicinity,  a  corporation  established  by  chapter 
thirty  of  the  acts  of  the  year  eighteen  hundred  and  thirty- 
four,  is  hereby  authorized  and  empowered  to  transfer, 
convey  and  pay  over  to  the  Massachusetts  Bible  Society, 
a  corporation  duly  organized  under  the  laws  of  the  Com- 
monwealth, all  its  funds  and  property  of  whatsoever 
nature  ;  to  be  had  and  held  by  the  said  Massachusetts 
Bible  Society  for  the  same  charitable  uses  and  purposes 
for  which  they  are  now  held  by  the  said  Female  Auxiliary 
Bil)le  Society  of  Boston  and  Vicinity. 

Section  2.     When  the  transfer,  conveyance  and  pay- 


Feraale 
Auxiliary,  etc 


of  Boston,  etc.,  meut  autliorizcd  by  section  one  of  this  act  has  been  duly 

maybe  dissolved  .       .^    ''      ^        .  ...  -rk-ii        rt        •    j_  ^t-»j_ 

upon  transfer  made,  the  said  J^emale  Auxiliary  Bible  Society  oi  rJoston 
property.  ^^^^  Viciuity  may  dissolve  itself  by  duly  passing  a  vote 
for  that  purpose,  and  filing  with  the  secretary  of  the  Com- 
monwealth within  thirty  days  of  the  passage  thereof  a 
copy  of  such  vote  duly  certified  by  the  clerk  of  said 
society ;  and  upon  the  passage  of  such  vote  and  filing  of 
a  copy  thereof  as  aforesaid,  the  said  corporation  shall 
cease  to  exist  except  only  for  the  time  and  purpose  set 
forth  in  section  forty-one  of  chapter  one  hundred  and  five 
of  the  Public  Statutes. 

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

Approved  March  11,  1889. 


1889.  — Chapters  96,  97,  98.  843 


An    Act   to    change   the   name    of    the    newburyport    gas  (JJiaj).  96 

COMPANY. 

Be  it  enacted,  etc. ,  as  foUoics  : 

Section  1 .     The  name  of  the  Newburyport  Gas  Com-  Name  changed. 
pany,  incorporated  by  chapter   one  hundred   and  forty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and  fifty, 
is  hereby  changed  to  the  Newburyport  Gas  and  Electric 
Company. 

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

Approved  March  11,  1889. 

An    Act    to    establish    the    salary  of  the  justice  of  the  nho)).  97 

POLICE   COURT   OF    FITCHBURG. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  justice  of  the   police  saiary  of  justice. 
court  of  Fitchburg  shall  be  fifteen  hundred    dollars  per 
annum,  to  be  so  allowed  from  the  first  day  of  January  in 
the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  March  11,  1889. 


Chap,  98 


An  Act  to  provide   for  the  appointment  of  a  superintend- 
ent OF  stkeets  in  towns. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     As  soon  after  the  annual  town  meeting  as  superintendent 

of  streets  to  be 


may  be,  the  board  of  selectmen  shall  appoint  some  suit-  appointed  °y 

the  selecta 
of  towns. 


able  person  to  be  a  superintendent  of  streets,  who  shall  the  selectmen 


serve  during  the  year  and  until  his  successor  is  appointed 
and  qualified  in  his  stead. 

Section  2.     Said  superintendent  of  streets  shall,  under  Tohavefuu 
the    direction    of  the  selectmen,  have  full  charge  of  all  pilu^f and  [abor 
repairs  and  labor  required  of  towns  upon  streets,  ways,  upon  streets. 
bridges  and  sidewalks,  and  the  care  and  preservation  of 
shade   trees,  and  in  relation    thereto  shall    have  all   the 
powers  and  be  suljject  to  the  duties,  liabilities  and  pen- 
alties now  or  hereafter  imposed  upon  survej^ors  of  high- 
ways. 

Section  3.     In   towns    where    no    other   provision   is  Repairs  upon 
made,  said  superintendent  of  streets  shall  have  full  charge  dniiusV"'^ 
of  all  repairs  required  of  towns  upon  sewers  and  drains, 
and  in  relation  thereto  shall  have  the  same  powers  and  be 
subject  to  the  same  duties,  liabilities  and  penalties  as  are 


844 


1889.  —  Chapter  99. 


Removal  from 
office. 


Vacancy. 


To  be  Bworn. 


CertaiD  towns 

exempt  from 

provisions 

of  act. 

Bee  1889, 178,  §1. 


Repeal. 


When  to 
take  effect. 


imposed  upon  said  superintendent  in  section  two  of  this 
act,  in  relation  to  the  repairs  of  streets,  ways,  sidewalks 
and  bridges. 

Section  4.  When  in  the  judgment  of  the  selectmen 
the  best  interests  of  the  town  so  requires,  said  superin- 
tendent may  be  removed  from  his  office  by  said  board  ; 
and  whenever  a  vacancy  shall  occur  in  the  office  of  super- 
intendent of  streets,  either  by  removal,  resignation  or 
otherwise,  the  board  of  selectmen  shall  appoint  some 
suitable  person  to  fill  the  vacancy,  who  shall  hold  his 
office  until  his  successor  is  appointed  and  qualified  in  his 
stead. 

Section  5.  Said  superintendent  shall  be  sworn  to  the 
faithful  discharge  of  his  duties,  and  shall  receive  such 
compensation  for  his  services  as  the  board  of  selectmen 
or  town  may  by  vote  determine. 

Section  6.  Any  town  which  has  accepted  or  shall 
hereafter  accept  the  provisions  of  chapter  one  hundred 
and  fifty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-one  or  of  sections  seventy-five,  seventy-six, 
seventy-seven  and  seventy-eight  of  chapter  twenty-seven 
of  the  Public  Statutes  shall  be  exempt  from  the  pro- 
visions of  this  act,  until  such  acceptance  is  revoked  by 
such  town. 

Section  7.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  8.  This  act  shall  take  effect  in  the  several 
towns  of  this  Commonwealth  from  and  after  the  next 
annual  meeting  for  the  election  of  town  officers  which 
may  be  held  subsequent  to  its  passage. 

Approved  March  11,  1889. 


Chap.   99  -^N  Act  to  authorize    the  city  of  quincy  to  pay  certain 

ENGINEERS  AND  VOLUNTEER    FIREMEN. 


May  pay  certain 
engineers  and 
volunteer 
firemen. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Quincy  is  hereby  authorized 
to  raise  by  taxation  a  sum  of  money  not  exceeding  twenty- 
seven  hundred  and  thirty  dollars,  and  to  appropriate  the 
same  to  the  payment  of  the  engineers  and  volunteer  fire- 
men of  said  city  for  services  rendered  and  to  be  rendered 
during  the  year  ending  on  the  first  day  of  May  in  the 
year  eighteen  hundred  and  eighty-nine :  provided,  the 
same  shall  be  appropriated  at  a  meeting  of  the  city  coun- 


1889.  — Chapters  100,  101,  102.  845 

cil  of  snid  city  by  a  two-thirds  vote  of  tlie  meml)ers  of 
sjiid  council  present  and  voting. 

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

Approved  March  11,  1889. 


Chap.lOO 


An  Act  relating  to  the  admission  of  dying  declarations  as 
evidence  in  certain  cases. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In   criminal   prosecutions   under  and  for  certain  dying 
Violation  01  the  provisions  ol  section  nnie  oi  chapter  two  be  admissible 
hundred    and    seven  of  the   Public    Statutes,  where  the ''«^"''^'^'=^- 
death  of  the  woman  is  alleged  to  have  resulted  from  the 
means  therein  described,  the  dying  declarations  of  such 
woman  shall  be  admissible  in  evidence. 

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

Approved  March  11,  1889. 

An  Act  concerning  the  employment  of  clerks  and  other  HT^qj^  1  Q1 
assistance  in  the  department  of  the    secretary    of  the  ^ 

commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  secretary  of  the  Commonwealth  may  cierks  ami 
employ,  at  an  expense  not  exceeding  twelve  thousand  ^''^^^"ser. 
dollars  a  year,  a  messenger  and  such  additional  clerks 
and  other  assistance  as  may  be  necessary  for  the  despatch 
of  public  business  :  provided,  that  no  person  so  employed 
shall  receive  compensation  or  salary  at  a  rate  exceeding 
twelve  hundred  dollars  a  year. 

Section  2.     Section  one  of  chapter  fifteen  of  the  acts  Repeal  of 
of  the  year  eighteen  hundred  and  eighty-four  is  hereby  1^84,  lo,  §i. 
repealed. 

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

Approved  March  11,  1889. 


Chap,102 


An  Act  to  change  the  name  of  the  Oakland  garden  associ- 
ation AND  TO  grant  CERTAIN  POWERS  AND  PRIVILEGES  TO 
SAID   CORPORATION. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  name  of  The  Oakland  Garden  Associ-  Name  changed. 
ation,  a  corporation  organized  under  the  general  laws  of 
the  Commonwealth,  is  hereby  changed  to  Franklin  Park 
Land  and  Improvement  Company. 


846 


1889.  — Chapter  103. 


Par  value  of 
shares  reduced. 


May  purchase 
additioual 
real  estate. 


Chap 


Section  2.  The  par  value  of  shares  in  the  capital 
stock  of  said  corporation  is  hereby  reduced  from  one 
hundred  dollars  to  twenty-five  dollars.  The  holders  of 
the  present  stock  of  said  corporation  shall  receive  four 
shares  of  said  par  value  of  twenty-five  dollars  each  in 
exchange  for  each  share  now  held  by  them  ;  and  all  shares 
issued  upon  any  increase  of  capital  stock  shall  be  of  said 
par  value  of  twenty-five  dollars  each. 

Section  3.  Said  corporation  may  purchase  from  time 
to  time  such  additional  real  estate  in  wards  twenty, 
twenty-one,  twenty-three  and  twenty-four  of  the  city  of 
Boston  as  its  stockholders  shall,  by  vote  at  a  meeting  or 
meetings  called  for  the  purpose,  authorize  to  be  pur- 
chased ;  and  may,  from  time  to  time,  erect  such  dwelling- 
houses  and  other  buildings  upon  and  make  such  other 
improvements  on  or  for  the  benefit  of  the  lands  now  owned 
or  hereafter  acquired  by  it,  as  its  directors  shall  deem 
expedient ;  and  may  sell  and  convey,  from  time  to  time, 
any  part  or  parts  or  the  whole  of  the  real  estate  now 
owned  or  hereafter  acquired  by  it,  such  sales  and  convey- 
ances having  been  first  authorized  by  vote  of  its  stock- 
holders at  a  meeting  or  meetings  called  for  the  purpose ; 
and  may  increase  its  capital  stock  by  an  amount  not 
exceeding  four  hundred  thousand  dollars,  making  its 
whole  capital  stock,  including  that  authorized  by  chapter 
one  hundred  and  sixty-eight  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-seven,  not  to  exceed  fiv^e  hundred 
thousand  dollars. 

Section  4.  This  act  is  in  addition  to  said  chapter  one 
hundred  and  sixty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  and  shall  take  eflect  upon  its 
passage.  Approved  March  12,  1889. 


.103   -^^   -^^"^   '^^   ESTABLISH   THE   POLLS   AND    ESTATES   OF    THE   SEVERAL 
CITIES   AND   TOWNS   IN   THE   COMMONWEALTH. 


Basis  of 
apportionment 
for  state  and 
county  taxes. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  number  of  polls,  the  amount  of  prop- 
erty, and  the  proportion  of  every  one  thousand  dollars  of 
state  tax,  including  polls  at  one-tenth  of  a  mill  each,  for 
each  city  and  town  in  the  several  counties  of  the  Com- 
monwealth, as  contained  in  the  schedule  hereunto  an- 
nexed, are  hereby  established,  and  shall  constitute  a  basis 
of  apportionment  for  state  and  county  taxes  until  another 
is  made  and  enacted  by  the  legislature,  to  wit :  — 


1889.  — Chapter  103. 


847 


Polls,  Property  and  Ax)portionment  of  State  and  County  Tax 

of  $1,000. 


BARNSTABLE   COUNTY. 


Barnstable 
county. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at   one-tenth 
ofa  mill  each. 

Barnstable,     .... 

1,067 

13,447,840  00 

$1  61 

Bourne,  . 

417 

1,132,533  00 

54 

Brewster, 

243 

581,919  00 

28 

Chatham, 

600 

758,688  00 

39 

Dennis,    . 

817 

1,535,777  00 

75 

Eastham, 

168 

251,082  00 

13 

Falmouth, 

763 

4,921,891  00 

2  23 

Harwich, 

823 

1,089,027  00 

56 

Mashpee, 

75 

152,356  00 

07 

Orleans,  . 

344 

624,271  00 

31 

Provincetown, 

1,356 

2,190,395  00 

1  09 

Sandwich, 

508 

997,570  00 

49 

Truro,     . 

271 

310.300  00 

16 

Wellfleet, 

416 

710,697  00 

35 

Yarmouth, 

538 

1,571,173  00 

74 

Total,       . 

8,406 

$20,275,519  00 

$9  70 

BERKSHIRE   COUNTY. 


Adams, 

2,013 

$3,961,432  00 

fl  93 

Alford,    . 

98 

296,327  00 

14 

Becket,    . 

805 

438,863  00 

22 

Chesliire, 

400 

791,338  00 

39 

Clarksburg,    . 

182 

205,206  00 

11 

Dalton,    . 

519 

2,147,241  00 

99 

Eg-remont, 

240 

439,276  00 

22 

Florida,  . 

137 

189,766  00 

10 

Great  Barrington,  . 

1,188 

3,423,081  00 

1  61 

Hancock, 

156 

424,283  00 

20 

Hinsdale, 

456 

761,003  00 

38 

Lanesborough, 

359 

575,696  00 

29 

Lee, 

941 

2,592,116  00 

1  23 

Lenox,     . 

599 

2,561,736  00 

1  18 

Monterey, 

138 

238,071  00 

12 

Mount  Washington, 

47 

79,193  00 

04 

New  Ashford, 

54 

80,699  00 

04 

New  Alarl  borough. 

381 

645,019  00 

32 

North  Adams, 

4,465 

6,772,155  00 

2  97 

Otis, 

176 

220,167  00 

11 

Peru, 

102 

121,914  00 

06 

Berkshire 
county. 


848 


1889.  —  Chapter  103. 


BERKSHIRE 

COUNTY - 

—  COXCLUDED. 

Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at    one-tenth 
of  a  mill  each. 

Pittsfield,        .... 

4,784 

$10,467,916  00 

$5  05 

Richmond. 

206 

523,286  00 

25 

Sandisfiekl, 

247 

389,314  00 

19 

Savoy,     . 

165 

177,065  00 

09 

Sheffield, 

' 

489 

996,849  00 

48 

Stockbridge,  . 

636 

3,240,174  00 

1  47 

Tyrino^ham,     . 

121 

240,139  00 

12 

Washington,  . 

127 

195,351  00 

10 

West  Stockbridge, 

450 

701,908  00 

35 

Williamstown, 

823 

2,039,883  00 

97 

Windsor, 

171 

207,874  00 

11 

Total, 

21,075 

$45,144,341  00 

121  83 

Bristol  county. 


BRISTOL  COUNTY. 


Acushnet,        .... 

246 

$695,498  00 

$0  33 

Attleborough, 

1,858 

3,987,919  00 

1  93 

Berkley, 

269 

460,008  00 

23 

Dartmouth, 

843 

2,254,183  00 

1  07 

Dighton, 

481 

821,877  00 

41 

Easton,    . 

1,141 

4,643,575  00 

2  14 

Fairhaven, 

617 

1,756,682  00 

83 

Fall  River, 

16,135 

47,459,825  00 

22  36 

Freetown, 

387 

963,196  00 

46 

Mansfield, 

890 

1,391,501  00 

70 

New  Bedford, 

9,424 

37,533,876  00 

17  35 

North  Attleborougj 

1, 

1,691 

3,752,244  00 

1  81 

Norton,   . 

417 

850,356  00 

41 

Raynham, 

372 

975,045  00 

46 

Rehoboth, 

470 

733,749  00 

37 

Seekonk, 

318 

826,912  00 

39 

Somerset, 

629 

1,110,030  00 

55 

Swanzey, 

379 

794,192  00 

38 

Taunton, 

6,615 

18,628,560  00 

8  80 

Westport, 

631 

1,447,938  00 

70 

Total,       . 

43,813 

$131,087,166  00 

$61  68 

County  of 
Dukes  county. 


COUNTY  OF  DUKES  COUNTY. 


Chilmark, 
Cottage  City, 
Edgartown, 


137 
239 
383 


$235,840  00 

1,411,677  00 

783,089  00 


1889.  — Chapter  103. 


849 


COUNTY  OF  DUKES  COUNTY  —  Concluded. 


TOWNS. 

Polls. 

Property. 

Tax  of  $1,000, 
includ'g  Polls 
at   one-tenth 
ofa  mill  each. 

Gay  Head,       .... 
Gosnold,          .... 
Tisbury, 

35 

31 

442 

119,529  00 
201,705  00 
860,034  00 

$0  01 
09 
42 

Total 

1,267 

$3,511,874  00 

fl  66 

ESSEX   COUNTY. 


Essex  county. 


Amesbuiy, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswdch, . 

Lawrence, 

Lynn, 

Lynnfield, 

Manchester, 

Marblehead, 

Merrimac, 

Methuen, 

Middleton, 

Nahant,  . 

Newbury, 

Newburyport, 

North  Andover 

Peabody, 

Rockport, 

Rowley,  . 

Salem,     . 

Salisbury, 

Saugus,  . 

Swampscott, 

Topsfield, 

Wenham, 

West  Newbury 

Total, 


2,637 

1,256 

2,750 
214 
900 

1,835 
467 
675 

5,880 
575 
238 

6,726 

925 

10,712 

14,887 

209 

466 

2,408 
814 

1,183 
262 
173 
401 

3,887 
985 

2,425 

1,157 
406 

8,276 
352 
994 
666 
277 
267 
530 


76,715 


$4,147,098  00 

6,376,182  00 

15,541,303  00 

678,501  00 

1,810,238  00 

4,045,203  00 

972,376  00 

1,029,304  00 

13,671,259  00 

912,744  00 

946,053  00 

17,476,388  00 

2,442,982  00 

29,563,008  00 

34,333,007  00 

568,364  00 

8,010,844  00 

4,654,998  00 

1,381,722  00 

3,137,889  00 

566,562  00 

6,386,287  00 

1,162,702  00 

9,536,640  00 

3,193,475  00 

7,678,575  00 

2,165,107  00 

589,656  00 

29,292,287  00 

570,156  00 

2,372,237  00 

4,952,289  00 

1,107,185  00 

563,223  00 

1,054,525  00 


1222,890,369  00 


$2  08 
2  91 

7  07 
32 
88 

1  95 
47 
51 

6  56 
46 
44 

8  31 
1  16 

13  99 

16  49 

27 


3  55 
2  28 

69 

1  49 
27 

2  81 
65 

4  66 
1  49 

3  60 
1  06 

30 

13  63 

28 

1  14 

2  23 
61 
27 
61 


$105  09 


850 


18S9.  — Chapter  103. 


Franklin 
county. 


FRAXKLTX   COUXTT. 


Property. 


Tai  of  $1,000, 
includ'g  Polls 
at  one-tenth 
of  a  mill  each. 


Ashfield. 

287 

f487,706  00 

$0  24 

Bemardston, 

i        228 

479.429  00 

23 

Buckland. 

1         429 

532.455  00 

28 

Charlemont, 

'        288 

350,286  00 

18 

Colrain,  . 

i         415 

576.535  00 

29 

Conway, . 

386 

818.858  00 

40 

Peerfield, 

795 

1.283,256  00 

64 

En-ing.  . 

281 

338.391  00 

18 

GiU, 

234 

443,724  00 

22 

Greenfield, 

1,479 

5.407,286  00 

2  51 

Hawley, . 

157 

155.307  00 

08 

Heath,     . 

144 

165-227  00 

09 

Leverett, 

242 

289.310  00 

15 

Lerden,  . 

97 

179.433  00 

09 

Monroe,  . 

87 

71.217  00 

04 

Montague, 

1.6CK3 

3,245.969  00 

1  58 

New  S^em, 

216 

294.078  00 

15 

Xorthfield, 

:         425 

823,269  00 

40 

Orange,  . 

1      1.2.S.5 

2.266,260  00 

1  12 

Kowe, 

203 

199,158  00 

11 

Shelbume, 

414 

929,412  00 

45 

Shuresbury, 

127 

150,088  00 

08 

Sunderland, 

195 

431.664  00 

21 

Warwick, 

158 

300,274  00 

15 

WendeU. 

147 

198.762  00 

10 

TThately, 

2.58 

471,028  00 

23 

Total, 

• 

10,577 

1 

$20,888,382  00 

$10  20 

Hampden 
county. 


HAMPDEX   COUXTY. 


Agawam,        .... 

573 

■fl.288.569  00 

$0  62 

Blandford, 

224 

384.409  00 

19 

Brimfield. 

318 

503,631  00 

25 

Chester,  . 

405 

657,901  00 

33 

Chicopee, 

2,565 

6,378,785  00 

3  04 

Granville, 

296 

373,558  00 

19 

Hampden. 

229 

401.730  00 

20 

Holland. , 

54 

104,795  00 

05 

Holvoke. 

7.504 

20,007,410  00 

9  49 

Longmeadow. 

837 

1,272.518  00 

64 

Ludlow.  . 

4<:i3 

828.157  00 

40 

Monson.  . 

970 

1.766,176  00 

87 

Montgomery, 

88 

136.489  00 

07 

Palmer,  . 

1,490 

2,706.515  00 

1  33 

Russell,  . 

188 

440.612  00 

21 

South  wick. 

269 

575,295  00 

28 

1889.  — Chapter  103. 


851 


HAMPDEX   COUXTY  —  Co.nxluded. 


Property. 


Tax  of  $1,000, 
includ'g  Polls 
at  one-teuth 
ofa  mill  each. 


Springfield,     .        .        .         , 

Tolland, 

Wales, 

West  Spi-ingfield,  . 
Westfield,        .... 
Wilbraham,     .... 

11,511 

102 

251 

1,264 

2,585 

419 

$44,529,536  00 

159,154  00 

278,608  00 

3,679.4.87  00 

7,206,300  00 

649,824  00 

120  61 

08 

15 

1  73 

3  41 

33 

Total,       .... 

32,545 

§94,329,459  00 

§44  47 

HAJMPSHIRE   COUXTY. 


Amherst,          .... 

1,032 

§3,206,529  00 

§1  50 

Belchertown,  . 

556 

846.056  00 

43 

Chesterfield,   . 

190 

299,621  00 

15 

Cummington, 

203 

309.475  00 

16 

Easthampton, 

914 

2,580.725  00 

1  22 

Enfield,  . 

286 

842,354  00 

40 

Goshen,  . 

84 

132.543  00 

07 

Granby,  . 

202 

511,691  00 

24 

Greenwich, 

167 

343,135  00 

17 

Hadlev,  . 

470 

1,084,126  00 

52 

Hatfield, . 

352 

1,014,936  00 

48 

Huntington,    . 

354 

491,920  00 

25 

]\liddletield,    . 

107 

292,312  00 

14 

Xorthampton, 

2,995 

9,911,241  00 

4  63 

Pelham.  . 

121 

165,565  00 

08 

Plaintield, 

140 

151,699  00 

08 

Prescott, . 

137 

177,361  00 

09 

South  Hadler, 

1,058 

1,974.829  00 

97 

Southampton, 

266 

505,198  00 

25 

Ware, 

1,488 

4,666,929  00 

2  19 

Westhampton, 

135 

264,766  00 

13 

Williamsburg. 

500 

962,519  00 

47 

Worthington, 

201 

304,414  00 

15 

Total, 

11,958 

f31,039,944  00 

fl4  77 

Hampshire 
county. 


MffiDLESEX   COUXTY. 


Acton,     .         .         .         ... 

594 

§1,393,411  00 

10  67 

Arlington,       .... 

1,502 

5,884,630  00 

2  72 

Ashby, 

263 

488,574  00 

24 

Ashland,          .... 

683 

1,365,307  00 

66 

Aver, 

647 

1,292,605  00 

63 

Bedford,          .... 

270 

915,544  00 

43 

Belmont,         .... 

504 

3,579,795  00 

1  61 

Middlesex 
county. 


852 


1889.  —  Chapter  103. 


MIDDLESEX  COUNTY  —  Coxcluded. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at    one-tenth 
ofa  mill  each. 

Bill  erica,          .... 

592 

$1,980,764  00 

$0  92 

Boxborough, 

108 

251,752  00 

12 

Biu-lington, 

176 

498,353  00 

24 

Cambridge, 

17,552 

66,817,990  00 

30  96 

Carlisle, 

- 

139 

401,845  00 

19 

Chelmsford, 

649 

1,774,169  00 

84 

Concord, 

978 

3,996,011  00 

1  84 

Draciit,    . 

466 

1,304,167  00 

62 

Dunstable, 

124 

322,423  00 

15 

Everett,  . 

2,308 

6,677,978  00 

3  15 

Framingliam, 

2,644 

7,869,012  00 

3  70 

Grotou,    . 

512 

3,141,249  00 

1  42 

Holliston, 

752 

1,603,240  00 

78 

Hopkinton, 

1,120 

2,271,495  00 

1  10 

Hudson,  . 

1,262 

2,267,611  00 

1  12 

Lexington, 

824 

3,538,925  00 

1  63 

Lincoln,  . 

282 

1,755,034  00 

80 

Littleton, 

305 

849,273  00 

40 

Lowell,   . 

18,413 

61,040,916  00 

28  52 

INIalden,  . 

5,678 

17,168,571  00 

8  07 

Marlborough, 

3,283 

5,653,985  00 

2  80 

Maynard, 

760 

2,084,431  00 

99 

Medford, 

2,709 

11,366,333  00 

5  24 

Melrose, 

2,118 

6,243,098  00 

2  94 

Natick,    . 

2,578 

5,435,896  00 

2  63 

Newton, 

5,870 

37,623,607  00 

17  03 

North  Readinf 

r^ 

241 

501,151  00 

24 

Pepperell, 

866 

1,811,146  00 

88 

Reading, 

945 

2,676,686  00 

1  26 

Sherborn, 

331 

898,103  00 

43 

Shirley,  . 

293 

661,616  00 

32 

Somerville, 

9,371 

29,384,333  00 

13  78 

Stoneham, 

1,716 

3,326,564  00 

1  63 

Stow, 

273 

953,082  00 

44 

Sudbury, 

349 

1,163,453  00 

54 

Tewksbury, 

451 

1,454,409  00 

68 

Townseud, 

505 

1,071,125  00 

52 

TyngsborougL 

185 

397,694  00 

19 

Wakefield, 

1,850 

4,569,080  00 

2  18 

Waltham, 

4,721 

13,827,879  00 

6  52 

Watertown, 

1,811 

7,522,473  00 

3  47 

Wayland, 

615 

1,566,088  00 

75 

Westford, 

525 

.     1,197,080  00 

58 

Weston,  . 

468 

2,712,371  00 

1  23 

Wilmington, 

329 

652,842  00 

32 

Winchester, 

1,166 

4,875,040  00 

2  25 

Woburn, 

3,672 

9,020,403  00 

4  31 

Total, 

107,348 , 

$359,100,512  00 

$167  68 

1889.  — Chapter  103. 
nantucket  county. 


853 


Nantucket, 
county. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at    one-tenth 
of  a  mill  each. 

Nantucket,      .... 

888 

13,220,702  00 

fl  50 

NORFOLK   COUNTY. 

Norfolk  county 

Avon, 

404 

$529,980  00 

fO  27 

Bellinghara,    . 

323 

607,053  00 

30 

Braintree, 

1,256 

3,680,719  00 

1  73 

Brookline, 

2,722 

•48,419,851  00 

21  43       , 

Canton,    . 

1,201 

4,058,146  00 

1  89 

Coliasset, 

606 

6,343,200  00 

2  40 

Declham, 

1,773 

5,798,550  00 

2  71 

Dovei',     . 

168 

732,697  00 

34 

Foxborongh, 

713 

1,455,126  00 

71 

Franklin, 

1,103 

2,400,825  00 

1  16 

Holbrook, 

705 

1,487,861  00 

72 

Hyde  Park, 

2,481 

7,157,206  00 

3  38 

Medfield, 

447 

1,231,948  00 

58 

Medwaj, 

■     786 

1,431,748  00 

70 

Millis,     . 

220 

497,878  00 

24 

Milton,    . 

911 

15,785,978  00 

6  99 

Needham, 

755 

2,137,624  00 

1  01 

Norfolk, . 

250 

482,458  00 

24 

Norwood, 

1,034 

2,384,633  00 

1  15 

Quincy,  . 

4,096 

10.258,618  00 

4  89 

Randolph, 

1,176 

2,464,751  00 

1  19 

Sharon,    . 

378 

1,291,433  00 

60 

Stoughton, 

1,238 

2,186,640  00 

1  08 

Walpole, 

762 

1,859,599-  00 

89 

Wellesley, 

716 

6,082,298  00 

2  73 

Weymouth, 

2,954 

6,511,741  00 

3  14 

Wrentham, 

694 

1,424,721  00 

69 

Total,       .... 

29,872 

$137,703,282  00 

f63  16 

PLYMOUTH   COUNTY. 

Plymouth 
county. 

Abington,        .... 

1,263 

$2,220,663  00 

$1    10 

Bridgewater,  . 

968 

2,543,640  00 

1   21 

Bi'ockton, 

7,115 

15,370,781  00 

7  43 

Carver,    . 

218 

688,121  00 

32 

Duxbuiy, 

506 

1,423,712  00 

67 

East  Bridgewater, 

840 

1,646,752  00 

80 

Halifax,  . 

146 

252,479  00 

12 

Hanover, 

549 

1,258,257  00 

60 

Hanson,  . 

385 

629,150  00 

31 

854 


1889.  —  Chapter  103. 


PLYMOUTH  COUNTY  —  Concluded. 


! 

Tax  of  $1,000, 

TOWNS.                                  Polls. 

Property. 

at    one  tenth 
of  a  mill  each. 

Hingliam,        .... 

1,128 

$4,174,081  00 

/$1  94 

Hull,        . 

188 

2,199,974  00 

98 

King-stoii, 

475 

2,120,675  00 

97 

Lakeville, 

258 

.505,262  00 

25 

Marion,  . 

' 

234 

1,009,825  00 

46 

Marshfield,     . 

609 

1,217,253  00 

58 

Mattai^oisett,  . 

320 

1,631,844  00 

75 

Middleborough, 

1,601 

3,311,498  00 

1  61 

Norvvell, 

471 

1,117,521  00 

54 

Pembroke, 

409 

650,296  00 

33 

Plymouth, 

2,119 

5,996,512  00 

2  83 

Plympton, 

166 

298,081  00 

15 

Rochester, 

218 

497,148  00 

24 

Rockland, 

1,508 

2,490,721  00 

1  24 

Seituate, 

651 

1,946,927  00 

92 

Wareham, 

680 

1,845,199  00 

87 

West  Bridgewater, 

469 

1,047,949  00 

50 

Whitman, 

1,348 

2,940,565  00 

1  42 

Total, 

• 

24,742 

$61,034,886  00 

$29  14 

Suffolk  county. 


SUFFOLK   COUNTY. 

Boston,    . 
Chelsea,  . 
Revere,   . 
Winthrop, 

• 

120,499 

7,576 

1,361 

596 

$816,761,460  00 

20,407,301  00 

4,632,392  00 

3,049,960  00 

$369  01 
9  68 
2  16 
1  39 

Total, 

130,032 

$844,851,113  00 

$382  24 

Worcester 
couuty. 


WORCESTER  COUNTY. 

Ashburnham, .... 

600 

$997,182  00 

$0  50 

Athol,      . 

1,486 

2,830,168  00 

1  39 

Aulnu-n,  . 

320 

494,402  00 

25 

Barre, 

548 

1,484,641  00 

70 

Berlin,     . 

243 

502,380  00 

24 

Blackstone, 

1,518 

2,462,603  00 

1  23 

Bolton,    . 

228 

502,484  00 

24 

Boylston, 

208 

525,198  00 

25 

Brookfield, 

904 

1,340,511  00 

68 

Charlton, 

512 

970,095  00 

•  48 

Clinton,  . 

2,532 

6,702,659  00 

2  75 

Dana,       .         .         .         . 

186 

286,423  00 

14 

1889.  — Chapter  103. 


855 


WORCESTER  COUNTY  —  Concluded. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at   one-tenth 
ofa  mill  each. 

Douglas,          .... 

549 

$1,033,567  00 

$0  51 

Dudley,  . 

627 

991,148  00 

50 

Fitchburg, 

5,960 

15,618,339  00 

7  42 

Gardner, 

2,635 

3.983,076  00 

2  00 

Grafton,  . 

1,216 

2,411,695  00 

1  18 

Hardwiek, 

734 

1,466,024  00 

71 

Harvard, 

341 

1,118,111  00 

52 

Holden,  . 

654 

1,114,141  00 

55 

Hopedale, 

347 

1,450,126  00 

67 

Hubbardston, 

365 

710,427  00 

35 

Lancaster, 

476 

3,270,814  00 

1  48 

Leieestcx*, 

815 

2,215,393  00 

1  05 

Leominster, 

2,024 

4,342,110  00 

2  10 

Lunenburg, 

287 

688,992  00 

33 

Mendon, . 

270 

596,181  00 

29 

Milford,  . 

2,669 

5,125,713  00 

2  51 

Mill  bury, 

1,136 

1,993,443  00 

98 

New  Braintree, 

•    158 

440,917  00 

21 

North  Brookfield, 

1,305 

2,019,672  00 

1  01 

Northborough, 

593 

1,357,659  00 

65 

Northbridge,  . 

1,114 

3,234,047  00 

1  52 

Oakham, 

210 

346,412  00 

17 

Oxford,  . 

743 

1,464,137  00 

71 

Paxton,    . 

152 

271,720  00 

13 

Petersham, 

280 

617,496  00 

30 

Phillipston, 

146 

287,312  00 

14 

Princeton, 

286 

851,072  00 

40 

Royalston, 

345 

749,336  00 

36 

Rutland, . 

307 

485,025  00 

24 

Shrewsbury, 

418 

1,065,714  00 

51 

Southborough 

618 

1,626,862  00 

77 

Southbridge, 

1,580 

3,450,404  00 

1  67 

Sjiencer, . 

2,018 

4,466,543  00 

2  15 

Sterling, . 

368 

949,410  00 

45 

Sturbridge, 

493 

987,916  00 

48 

Sutton,     . 

687 

1,343,497  00 

66 

Tempi  eton, 

832 

1,236,044  00 

62 

Upton,     . 

543 

903,432  00 

45 

Uxbridge, 

881 

2,229,046  00 

1  06 

Warren,  . 

1,297 

2,576,060  00 

1  26 

Webster, 

1,738 

2,952,781  00 

1  46 

West  Boylston, 

665 

1,266,417  00 

62 

West  Brookfield, 

467 

817,143  00 

40 

Westborough, 

1,327 

2,686,689  00 

1  31 

Westminster,  . 

460 

801,229  00 

40 

Winohendon,  . 

1,196 

2,032,410  00 

1  01 

Worcester, 

22,866 

.    72,022,040  00 

33  76 

Total,        .         .         .         . 

74,483 

$181,766,488  00 

$86  88 

85G 


1889.  — Chapter  104. 


Recapitulation. 


RECAPITULATION  BY  COUNTIES. 


, 

Tax  of  $1,000, 

includ'g  Polls 

COUNTIES. 

Polls. 

Property. 

at    one-tenth 
ofa  mill  each. 

Barnstable,     .... 

8,406 

$20,275,519  GO 

$9   70 

Berkshire, 

21,075 

45,144,341  00 

21  83 

Bristol,    . 

43,813 

131,087,166  00 

61  68 

Dukes,     . 

1,2G7 

3,511,874  00 

1  66 

Essex,     . 

76,715 

222,890,369  00 

105  09 

Franklin, 

10,577 

20,888,382  00 

10  20 

Hampden, 

32,545 

94,329,459  00 

44  47 

Hampshire, 

11,958 

31,039,944  00 

14  77 

Middlesex, 

107,348 

359,100,512  00 

167  68 

Nantucket, 

888 

3,220,702  00 

1  50 

Norfolk, . 

29,872 

137,703,282  00 

63  16 

Plymouth, 

24,742 

61,034,886  00 

29  14 

Suffolk,   . 

130,032 

844,851,113  00 

382  24 

Worcester, 

74,483 

181,766,488  00 

86  88 

Total, 

• 

673,721 

$2,156,844,037  00 

fl,000  00 

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

Approved  March  12,  1889. 


May  accept 
and  sell 
real  estate. 


Chan  104  ^^  ^^^  ^^  enlarge  the  power  of  the  president  and  fel- 
lows OF  HARVARD  COLLEGE   TO  HOLD    TAXABLE  REAL  ESTATE. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  The  President  and  Fellows  of  Harvard 
College  may  accept,  take  and  hold,  and  may  sell  at  their 
discretion,  unless  expressly  forbidden  by  the  terms  of 
gifr,  any  real  estate  within  or  without  this  Common- 
wealth which  has  been  or  may  hereafter  be  given  or 
devised  to  them  for  educational  purposes  ;  and  they  may 
from  time  to  time  invest  any  portion  of  the  property  held 
by  them,  as  they  may  think  judicious,  in  productive  real 
estate  within  the  Commonwealth,  and  may  sell  any  such 
estate  at  their  discretion  :  providf-d,  however,  that  nothing 
herein  contained  shall  be  construed  to  give  the  said  cor- 
poration any  claim  to  greater  exemption  from  taxation 
than  it  now  has  under  the  constitution  and  laws  of  this 
Commonwealth. 

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

Approved  March  13,  1889. 


Proviso. 


1889.  — Chapters  105,  106.  857 


An  Act  to  incorporate  the  sagamore  cemetery  association.    CjJicwAO^ 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     Hiram  Crowell,  Lafayette  Gibbs,  Edwin  sagamore 
C.  Swift,  Benjamin  B.  Abbe,  Nathan  Nye,  William  R.  A'«"!fcu'iion, 
Gibbs,  Charles  H.  Burgess,  2d,  and  Isaac  N.  Keith,  their  in'^^'-porated. 
associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  Sagamore  Cemetery  Association,  for 
the  purpose  of  perfecting,  controlling  and  improving  the 
ground  set  apart,  used  and   known  as   the    cemetery  in 
the  village  of  Sagamore  in  the  town  of  Bourne.     Said 
corporation  shall  have  all  the  powers  and  be  subject  to  rowers  and 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all    """*" 
general  laws  which  now  are  or  hereafter  may  be  in  force 
applicable  to  such   corporations,  except  as   is  otherwise 
provided  in  this  act. 

Section  2.     The  said  corporation  may  take  and  hold  Jffifrl''a'i''e8trte. 
the  real  estate  known  as  the  Sagamore  cemetery  lot  situ- 
ate in  that  part  of  the  town  of  Bourne  called  Sagamore. 

Section  3.     The    said    corporation    may   acquire    by  Mayhoidper- 
gift,  devise  or  purchase,  and  hold  in  fee  simple  so  much  sufficient  for  ^ 
real    estate  in   the  village  of  Sagamore  in  the   town    of  p"''p°^®^- 
Bourne  and  may  also  hold  so  much  personal  property  as 
may  be    necessary  for  the    objects    connected   with   and 
appropriate  to  the  purposes  of  said  corporation. 

Section  4.  Any  person  claiming  to  be  aggrieved  or  Liawntyfor 
damaged  by  the  provisions  of  this  act  may  at  any  time  '"'^^^^^" 
within  one  year  after  this  act  takes  effect  apply  by  peti- 
tion to  the  superior  court  for  the  county  of  Barnstable, 
and  his  damages,  if  any,  shall  be  assessed  and  determined 
by  and  under  the  direction  of  said  court,  and  shall  be 
paid  by  said  Sagamore  Cemetery  Association. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  13,  1889. 

An   Act   to  authorize  the  proprietors  of   the    locks    and  QJifjry  \Q{j 

CANALS    ON   MERRIMACK    RIVER   TO    DISCONTINUE   A   PART   OF   THE 
LOWER    FREE   LANDING   IN   THE   CITY   OF   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  second  section  of  chapter  one  hundred  May  discontinue 
and  thirty-two  of  the  acts  of  the  year  eighteen  hundred  I'weifree  land- 
and   thirty-five,  being   an    act   to    regulate    the    toll    on  of^Lowe'ii!^"^ 
Patucket  canal,  as  amended  by  chapter   fifty-six  of  the 


858 


1889.  — Chapter  107. 


Description. 


Subject  to 
acceptance. 


acts  of  the  year  eighteen  hundred  and  eighty-two,  is 
hereby  so  further  amended  that  the  proprietors  of  the 
locks  and  canals  on  Merrimack  river  shall  not  be  required 
by  force  thereof  hereafter  to  maintain  any  landing  place 
below  the  swamp  locks  in  the  city  of  Lowell,  except  that 
portion  of  the  landing  place  known  as  the  lower  landing 
which  is  described  as  follows,  to  wit :  —  Beginning  at  the 
southeasterly  corner  of  land  conveyed  to  the  city  of 
LoAvell  by  George  W.  Lyman  on  or  about  the  twenty- 
fourth  day  of  February  in  the  year  eighteen  hundred  and 
thirty-seven,  and  thence  running  southwesterly  on  said 
land  thirty  feet ;  thence  at  a  right  angle  southeasterly  to 
Patucket  canal ;  thence  northeasterly  on  said  canal  thirty 
feet ;  and  thence  at  a  right  angle  northwesterly  to  the 
point  of  beginning.  But  nothing  in  this  act  shall  release 
said  corporation  from  any  duty  or  obligation  which  it  is 
now  under  to  maintain  as  a  free  landing  that  portion  of 
said  lower  landing  which  is  above  described,  nor  impose 
any  duty,  obligation  or  liability  not  imposed  by  the  first 
named  act. 

Section  2.  This  act  shall  take  effect  when  assented 
to  by  the  city  council  of  the  city  of  Lowell  by  concurrent 
vote  of  the  two  branches  thereof. 

Approved  March  13,  1889. 

ChciT)  107   "^^     -^^^    '^*-*    INCORPORATE    THE    CITY    HOSPITAL    IN    THE    CITY    OF 

QUINCY. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  William  B.  Rice,  John  A.  Gordon,  Charles 
H.  Porter,  William  L.  Faxon,  William  G.  A.  Pattee  and 
Herbert  M.  Federhen,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  City  Hos- 
pital in  the  city  of  Quincy,  for  the  purpose  of  establishing 
and  maintaining  a  hospital  for  the  reception  and  treatment 
of  persons  who  may  need  medical  or  surgical  attendance 
during  temporary  sickness  or  injury. 

Section  2.  Said  corporation  may  receive  and  hold 
real  and  personal  estate  which  may  from  time  to  time  be 
given,  granted,  bequeathed  or  devised  to  it,  and  accepted 
by  the  corporation,  to  an  amount  not  to  exceed  five  hun- 
dred thousand  dollars,  for  the  uses  and  purposes  of  said 
hospital,  provided  always  that  both  the  principal  and 
income  thereof  shall  be  appropriated  according  to  the 
terms  of  the  donation,  devise  or  bequest. 


City  hospital  in 
Quincy,  incor- 
))oraled. 
See  1S89,  216. 


Real  and  per- 
sonal estate. 


1889.  — Chapter  108.  859 

Sectiox  3.     The  corporation  shall  consist  of  the  afore-  corpoiatiou. 
said  incorporators  and  of  such    persons  as  may,  at  any 
legal  meeting  of  the  corporation,  be  elected  members  by 
ballot. 

Section  4.     Said   hospital    shall    be    under   the    care,  Board  of  trus- 
control  and  management  of  a  board  of  trustees,  consisting  couiroiand 
of  not  less  than  twelve  persons,  one  of  whom  shall  be  the  managemem. 
mayor  of  said  city  for  the  time  being,  ex  officio,  two  of 
whom  shall  be  elected  by  ballot  on  or  before  the  second 
Monday  of  January  in  each  year  by  the  city  council  from 
the  members  thereof;  the  remainder  of  said  board  shall 
be  elected  by  ballot,  by  and  from  the  members  of  the  cor- 
poration, at  a  meeting  duly  called  for  the  purpose  and 
held  on  or  before  the  third  Monday  of  January  of  each 
year.     Said  board  of  trustees  shall  hold  for  the  term  of 
one  year  from  the  third  Monday  in  January  of  each  year,     ' 
or  until  their  successors  are  elected.     Said  trustees  shall 
annually  elect  from  their  number  a  president,  secretary 
and  treasurer,  and  such  other  officers  as  they  shall  deem 
fit.     Whenever  a  trustee  shall  die,  resign,  refuse  to  act 
or   become  incompetent   to    discharge  the  duties  of  his 
trust  a  successor  shall  be  elected  by  ballot  as  soon  as  may 
be,  by   the   body  from   which   he   was   elected,    for  the 
remainder  of  the  term. 

Section  5.  Within  thirty  days  after  the  passage  of  ^°^\'',fjj<^'='"^ 
this  act  the  members  of  the  corporation  and  the  city 
council,  respectively,  shall  elect  by  ballot  the  number  of 
members  of  the  board  of  trustees  to  which  they  are  re- 
spectively entitled  ;  said  trustees  so  elected  are  to  serve 
until  the  third  Monday  of  January  in  the  year  eighteen 
hundred  and  ninety,  or  until  their  successors  are  elected. 

Section  6.     The  city  of  Quincy  is  hereby  authorized  money'by'taxL 
to  raise  by  taxation  a  sum  of  money,  not  exceeding  one  g'°",o''rt''""'^^ 
thousand    dollars    per   year,    and    appropriate    the   same 
towards  the  maintenance  and  support  of  said  hospital. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  13,  1889. 


Cliap.lOS 


Ax  Act  enabling  towns  to  authorize  boards  of  health  to 

ENFORCE    REGULATIONS    CONCERNING    HOUSE   DRAINAGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any    town   may   authorize    its   board    of  ^^^'^,'"^»°[^|>j^''JJ'^ 
health  to  make  and  enforce  in  such  town  such  reo;ulations  i^ed  to  regui  .te 

n  .,  %  ,  -,   house  drainage. 

as    said   board   may  deem   necessary  tor  the   satety  and 


860 


1889.  — Chapter  109. 


Piotection  of 
lobsters. 


health  of  the  people  with  reference  to  house  drainage  and 
its  connection  with  public  sewers,  where  a  public  sewer 
Penalty.  abuts  the  cstatc  to  be  drained.     Whoever  violates   any 

such   regulation    shall   forfeit  a   sum   not  exceeding  one 
hundred  dollars. 

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

Approved  March  13,  1889. 

ChCtV.^OO   "^^      ^^^      ^^^     "^^^     FURTHER     PROTECTION,     PRESERVATION     AND 

PROPAGATION   OF   LOBSTERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  during  any  season  of  the  year 
catches  or  takes,  and  whoever  has  in  his  possession  in  this 
Commonwealth,  with  intent  to  sell,  any  female  lobster 
bearing  eggs,  shall  be  punished  for  each  offence  by  a  fine 
of  not  less  than  ten  nor  more  than  one  hundred  dollars, 
or  by  imprisonment  in  the  house  of  correction  for  not  less 
than  one  nor  more  than  three  months  :  provided,  Jiou-ever, 
that  a  person  catching  and  taking  any  such  lobster  and 
immediately  returning  it  alive  to  the  waters  from  which 
it  was  taken,  shall  not  be  subject  to  such  penalty ;  and 
provided,  also,  that  this  act  shall  not  apply  to  lobsters 
spawning  in  lobster  cars,  if  they  are  immediately  returned 
alive  to  the  waters  as  aforesaid. 

Section  2.  The  provisions  of  sections  seventy-three, 
seventy-four  and  seventy-five  of  chapter  ninety-one  of 
the  Public  Statutes  shall  hereafter  apply  to  the  owner 
of  any  lobster  trap  or  other  contrivance  for  catching 
lobsters. 

Section  3.  All  cars  or  other  contrivances  used  for 
keeping  lobsters  shall  have  the  name  and  residence  of  the 
owner  or  owners  legibly  marked  thereon,  under  the 
penalty  prescribed  in  section  seventy-five  of  chapter 
ninety-one  of  the  Public  Statutes. 

Section  4.  The  commissioners  on  inland  fisheries 
may  occupy  and  use  any  small  estuaries  or  creeks  within 
the  Commonwealth,  not  exceeding  six  in  number,  for  the 
purpose  of  scientific  investigation  of  the  habits  of  lobsters 
and  the  propagation  and  distril)ution  of  the  same  :  p7'0- 
vided,  that  such  occupation  and  use  shall  not  impair  the 
private  rights  of  any  person  nor  materially  obstruct  any 
navigable  waters.  Notice  of  such  occupation  shall  be 
conspicuously  posted  and  maintained  by  said  commis- 
sioners at  the  nearest  points  to  said  estuaries  and  creeks, 


Certain  pro%'i- 
sioiiH  to  apply 
to  owner  of  lob. 
ster  trap. 


Cars  to  be 
niiuked  with 
owners'  name 
and  residence. 


Rcientifin  inves. 
tigation  of  hab- 
its of  lobstere, 
etc. 


Notice  lo  be 
posted. 


1889.  — Chapter  110.  861 

and  shall  also  be  recorded  in  the  registry  of  deeds  in  the 
count}^  where  the  same  are  situated. 

Section  5.     Whoever,  after  the  posting  and  recording  Penalty. 
of  such    notice,  catches  or  takes    any  lobster   from  any 
estuary  or  creek  so  occupied  as  aforesaid  shall  be  punished 
as  provided  in  section  one  of  this  act. 

Section  6.     Said   commissioners   may  expend  a  sum  Not  exceeding 
not   exceeding   two   thousand   dollars    for   the   purposes  pended." 
specified  in  section  four  of  this  act. 

Section  7.     All  acts   and   parts  of    acts    inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  13,  1889. 


Chap.UO 


An  Act  to  annex  a  part  of  the  town  of  stoneham  to  the 
town  of  wakefield. 

Be  it  enacted,  etc. ,  as  follotvs  : 

Section  1.  So  much  of  the  town  of  Stoneham,  in  the  Part  of  stone- 
county  of  Middlesex,  as  lies  within  the  following  named  wSiefieid'.^'* '° 
lines,  to  wit :  beginning  at  a  boundary  stone  in  Taylor's 
pasture  on  the  present  line,  thence  running  north  sixty- 
nine  degrees,  fifty-three  minutes  west,  across  a  private 
way  and  along  the  present  division  line  between  said 
towns  nine  hundred  ninety-eight  and  one-half  feet ;  thence 
south  nine  degrees  and  thirty-three  minutes  east,  three 
thousand  five  hundred  and  nine  feet  to  a  stake  in  the 
southerly  line  of  Elm  street ;  thence  south  forty-nine 
degrees  and  thirt3''-five  minutes  east,  three  thousand  one 
hundred  and  seventy-two  feet  to  a  stone  bound  on  the 
present  line  near  the  southwesterl}'  corner  of  Crystal 
lake  ;  and  thence  by  the  present  division  line  in  a  north- 
erly and  northwesterly  direction  to  the  point  of  beginning, 
with  all  the  inhabitants  and  estates  therein,  is  hereby  set 
off  from  the  town  of  Stoneham  and  annexed  to  and  made 
a  part  of  the  town  of  Wakefield  ;  and  said  inhabitants 
shall  hereafter  be  inhabitants  of  said  Wakefield,  and  shall 
enjoy  all  the  rights  and  privileges  and  be  subject  to  all 
the  duties  and  liabilities  of  the  inhabitants  of  said  Wake- 
field. 

Section  2.     The    inhabitants    and   estates  within  the  Payment  of 
territory  above  described  and  the  owners  of  said  estates  *^''^*' 
shall  be  holden  to  pay  all  taxes  which  have  been  hereto- 
fore legally  assessed  upon  them  by  the  town  of  Stoneham  ; 
and  all  taxes  heretofore  assessed  and  not  collected  shall 


862  1889.  — Chaptee  110. 

be   collected  and  paid  to   the   treasurer  of  the  town  of 
Stoneham    in   the    same    manner   as  if  this    act  had  not 
been  passed.     And  until   the    next   state    valuation    the 
town  of  Wakefield  shall  annually,  on  or  before  the  thirty- 
first  day  of  October,  pay  to  the  town  of  Stoneham  the 
proportion    of  any  state  or  county  tax   which   the    said 
town  of  Stoneham    may  be   required   to    pay  upon   the 
inhabitants  or  estates  hereby  set  ofi",  said  proportion  to 
be  ascertained  and  determined  by  the  last  valuation  next 
preceding  the  passage  of  this  act ;  and  the  assessors  of 
Stoneham  shall  make  returns  of  said  valuation  and  the 
proportion  thereof  in  the  towns  of  Stoneham  and  Wake- 
field respectively,  to  the  secretary  of  the  Commonwealth 
and  to  the  county  commissioners  of  the  county  of  Middle- 
sex. 
neTof^paupers!"      SECTION  3.     The  Said  town  of  Wakefield  shall  be  liable 
for  the  relief  and  support  of  all  persons  who  now  do  or 
shall  hereafter  stand  in  need  of  relief  as  paupers  whose 
settlements  were  gained,  whether  by  original  acquisition 
or  derivation,  by  reason  of  a  residence  in  the  territory 
hereb}^  annexed  to  said  town  of  Wakefield.     The  town  of 
Wakefield  shall  pay  to  the  town  of  Stoneham  annually  its 
proportionate  part  of  the  cost  hereafter  paid  by  the  last 
named  town  for  the  support  or  relief  of  paupers  whose 
settlements  were  acquired  therein,  or  whose  settlements 
were  derived  from  settlements  acquired  therein,  in  conse- 
quence of  military  service  in  the  war  of  the  rebellion. 
The  proportion  to  be  paid  by  said  town  of  Wakefield  to 
be  fixed  upon  the  basis  of  the  last  valuation  preceding 
the  passage  of  this  act. 
«0Mi?state°and      Section  4.     Until   a    new    apportionment    of    repre- 
county  officers,   scutatives  shall  be  made  the  inhabitants  of  the  territory 
descril)ed  in  the  first  section  of  this  act  shall,  for  the  pur- 
pose of  electing  state  and  county  officers,  members  of  the 
executive    council,    senators    and    representatives   to  the 
general  court,  electors  of  president  and  vice-president  of 
the  United  States  and  representatives  to  congress,  remain 
and  continue  to  be  a  part  of  the  town  of  Stoneham ;  and 
the  inhabitants  resident  therein  qualified  to  vote  shall  be 
entitled  to  vote  for  said  officers,  and  shall  be  eligible  to 
the  office  of  representatives  in   the  town  of  Stoneham, 
and  shall  vote  at  the  place  or  places  at  which  the  inhabi- 
tants   of  Stoneham   vote.     The   registrars   of    voters    of 
Wakefield  shall  annually  make  a  true  list  of  all  persons 


1889. —Chapters  111,  112.  863 

resident  in  said  territory  qualified  to  vote  at  every  such 
election,  and  post  the  same  in  said  territory  according  to 
law.  They  shall  also  deliver  one  such  list,  corrected  as 
required  by  law,  to  the  selectmen  of  Stoneham  before  the 
time  of  meeting  for  election,  to  be  used  thereat. 

Section  5.  Within  one  year  from  the  passage  of  this  Payment  of 
act  the  town  of  Wakefield  shall  pay  to  the  town  of  Stone- 
ham  such  a  proportion  of  the  net  debt  of  the  town  of 
Stoneham  as  the  value  of  the  territory  annexed  to  Wake- 
field under  the  provisions  of  this  act  shall  bear  to  the 
whole  valuation  of  the  town  of  Stoneham,  according  to 
the  last  annual  assessors'  valuation  previous  to  the  passage 
of  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  13,  1889. 


Chap.in 


An  Act  to  amend  chapter  two  hundred  and  twelve  of  the 

ACTS  OF  the  year  EIGHTEEN  HUNDRED  AND  EIGHTY-SEVEN 
RELATIVE  TO  A  GRANT  OF  MONEY  BY  THE  CONGRESS  OF  THE 
UNITED  STATES  FOR  THE  SUPPORT  OF  AGRICULTURAL  EXPERI- 
MENTS  WITHIN   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  two  hundred  and  madlT/con" 
twelve    of  the  acts  of  the    year   eio:hteen    hundred  and  gresa  to  be  paid 
eighty-seven  is  hereby  amended  by  adding  after  the  word  chusetts  Attn- 
"  congress  ",  at  the  end  of  said  section,  the  words  :  —  and  '^"  *"'^'*  "°'  ^^^' 
the  JNIassachusetts  agricultural  college  is  hereby  author- 
ized and  designated  to  receive  said  grant  of  money. 

Section  2.     The   governor   of  the  Commonwealth  is  united  states 
hereby  requested  to  give  due  notice  of  this  amendment  brnoTmed" 
to  the  government  of  the  United  States. 

Section  3.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  March  13,  1889. 

An  Act  relating    to  the    election,  powers  and    duties  of  nhnq-^A^^ 

TRUSTEES  OF  FREE  PUBLIC  LIBRARIES  AND  READING  ROOMS  IN 
TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  three  hundred  and  four  of  the  Election,  pow- 
acts  of  the    year    eighteen  hundred  and    eighty-eight  is  onruslels'of* 
hereby  amended  by  striking  out  in  lines  two  and  three  Hesandre^ung 
the  words  "  not  exceeding  nine  in  all",  so  as  to  read  as  igg^go" \°J"^* 
follows  :  —  Section  2.     Said  board  of  trustees  shall  con- 


864  1889.  —  Chapter  113. 

sist  of  any  number  of  persons  divisible  by  three  which 
the  town  may  decide  to  elect,  one-third  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 
Proviso.  chairman  and  secretary  from  their  own  numl^er  :  2)7'ovided, 

any  town  having  a  free  public  library  which  has  hereto- 
fore elected  a  board  of  tnistees  to  manage  the  same  con- 
sisting of  a  number  divisible  by  three,  and  has  heretofore 
■  elected  annually  one-third  of  said  board  for  three  years, 
may  continue  to  elect  annually  one-third  of  said  board, 
and  the  trustees  in  office  shall  hold  their  offices  until  the 
term  for  which  they  were  elected  shall  expire,  unless  the 
town  shall  vote  otherwise.         Approved  March  14,  1889. 

Chap.W^  An  Act  relative  to  imposing    sentences  upon  female  con- 
victs. 

Be  it  enacted,  etc.,  as  folloivs: 

fema^fc^onTts.  Section  1.  Sectiou  fifteen  of  chapter  two  hundred 
Pubiicjtatutes  and  fifteen  of  the  Public  Statutes  is  hereby  amended  by 
adding  at  the  end  thereof  the  following  words  :  —  but 
nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent the  court  from  imposing  as  a  sentence  upon  a  female 
convict  the  same  term  of  imprisonment  as  might  be  im- 
posed if  the  said  sentence  were  to  be  executed  in  the 
state  prison, — so  as  to  read  as  follows:  —  Section  15. 
When  sentence  of  confinement  at  hard  labor  for  any  term 
of  time  is  awarded  against  a  female  convict  of  whatever 
age,  the  court  shall  order  such  sentence  to  be  executed 
either  in  the  jail,  house  of  correction,  or  reformatory 
prison  for  women,  and  not  in  the  state  prison ;  but 
nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent the  court  from  imposing  as  a  sentence  upon  a  female 
convict  the  same  term  of  imprisonment  as  might  be 
imposed  if  the  said  sentence  were  to  be  executed  in  the 
state  prison. 

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

Approved  March  19,  1889. 


1889.  — Chapters  114,  115,  116.  865 


An  Act  to  fix  the  penalties  for  violations  of  the  liquor  CjhQjj  114 

LAWS.  ^ 

Be  it  enacted,  etc.,  as  follotvs: 

Section  eighteen  of  chapter  one  hundred  of  the  Public  Punishable  by 
Statutes  is  hereby  amended  by  striking  out  the  word  onment.  ^""p"^' 
"  or"  in  the  third  line  and  inserting  in  place  thereof  the 
word  :  —  and,  —  and  by  striking  out  in  the  fourth  line 
the  words  "or  by  both  such  fine  and  imprisonment",  so 
as  to  read  as  follows:  —  Section  18.  Whoever  violates 
any  provision  of  his  license  or  of  this  chapter  shall  be 
punished  by  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars  and  imprisonment  for  not  less  than  one 
nor  more  than  six  months.  A  licensed  person  who  vio- 
lates any  provision  of  his  license  shall,  in  addition  to 
said  penalties,  forfeit  his  license,  and  be  disqualified  to 
hold  a  license  for  the  period  of  one  year  after  his  con- 
viction ;  but  this  section  so  far  as  forfeiture  of  licenses  is 
concerned,  shall  not  apply  to  licenses  of  the  sixth  class; 
and,  if  the  licensee  is  the  owner  of  said  premises,  no 
license  shall  be  exercised  on  the  premises  described  in 
the  forfeited  license  during  the  residue  of  the  term 
thereof.  Approved  March  19,  1889. 


An  Act  to  amend  chapter  two  hundred  and  eighty-three  />^^^-j  -|-|r 
OF  the  acts  of  the  year  eighteen  hundred  and  eighty-  1 

SIX  relating  to  the  assessment  of  taxes. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  one  of  chapter  two  hundred  and  wardofacuy 
eighty-three  of  the  acts  of  the   year   eighteen   hundred  into  Mssessment 
and  eighty-six  is  hereby  amended  by  adding*  at  the  end  '^'^^"'''^^• 
thereof  the  following   words  :  —  The  assessors  of  a  city  i-^ 

may  in  any  year  divide  any  ward  in  such  city  into  con- 
venient assessment  districts. 

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

Approved  March  19,  1889. 

An  Act  to  incorporate   the   wakefield  industrial  school  /^/j^/vjiifi 

COMPANY.  1  ' 

Be  it  enacted,  etc. ,  as  follows : 

Section   1.     Daniel    G.    Walton,    Moses   P.    Parker,  wai^efieid  in. 
William  E._  Rogers,  William  Hall  Williams  and  Frank  H.  ^''rpanyS- 
March,  their  associates  and  successors,  are  made  a  corpo-  poi-ated. 


866  1889.  — Chapter  117. 

ration  by  the  name  of  the  Wakefield  Industrial  School 
Company,  for  the  purpose  of  erecting  or  purchasing  and 
maintaining  a  building  in  the  town  of  Wakefield  for  the 
accommodation  and  purposes  of  an  industrial  school 
wherein  may  be  given  instruction  in  the  various  mechan- 
ical arts  and  industries,  with  all  the  powers  and  privileges 
and  subject  to  the  duties,  restrictions  and  liabilities  set 
forth  in  the  general  laws  which  now  are  or  may  hereafter 
be  in  force  applicable  to  such  corporations. 
andehires!''^  SECTION  2.     The  Capital  stock  of  Said  corporatlon  shall 

not  exceed  three  thousand  dollars,  divided  into  shares  of 
the  par  value  of  one  dollar  each,  and  said  corporation 
may  hold  for  the  purposes  aforesaid  real  and  personal 
estate  not  exceeding  the  amount  of  the  capital  stock, 
provided  that  said  corporation  shall  incur  no  liability 
until  the  whole  amount  of  the  capital  stock  has  been  sub- 
scribed and  paid  for  either  in  cash  or  in  real  estate  in 
accordance  with  the  provisions  of  section  forty-eight  of 
chapter  one  hundred  and  six  of  the  Public  Statutes. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19, 1889. 

ChcLV.WI  An  Act  to  declare  the  union  evangelical  ueligious  society 

OF  READVILLE  A  RELIGIOUS  CORPORATION  AND  TO  RATIFY  AND 
CONFIRM  THE  ORGANiZATION  AND  PROCEEDINGS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 
'^moTi-ExmzeM-      Section  1.     The  religious  society  organized  in  Hyde 

cal  Religious  .  .  ^  J  c  t' 

Society  of  Read- Park  iu  the  vcar  eighteen  hundred  and  seventy  by  the 

ville  estab-  •     •  *■      . 

lished.  name    of  the   Union    Evangelical    Eeligious    Society  of 

Eeadville,  upon  the   proceedings  show^n  by  the    records 
thereof,  and  which  said  society  is  still  existing  in  Hyde 
•  Park  by  said  name,  is  hereby  declared  to  be  a  religious 

corporation  by  the  name  of  the  Union  Evangelical 
Eeligious  Society  of  Readville ;  and  the  organization  and 
.  all  subsequent  proceedings  of  said  society,  so  far  as  they 
appear  upon  the  records  of  said  society,  are  hereby  rati- 
fied and  confirmed  and  the  same  shall  be  taken  to  be  good 
and  valid  to  all  intents  and  purposes. 

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

Approved  March  19,  1889. 


1889.  — Chapters  118,  119,  120,  121.  867 


An  Act  to  change  the  name  of  the  first  parish  in  north  QJic/qy^WQ 

BRIDGEWATER. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1 .     The   name  of  the  First  Parish  in  North  ^o^^^gfp^°?^[| 
Bridge Avater,  a  religious  society  located  in  Brockton,  is  i"  Brockton. 
hereby  changed  to  the  First  Parish  in  Brockton. 

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

Apjoroved  March  19,  1889. 

An  Act  in  addition  to  an  act  to  incorporate  the  boston  C/;  (??:>. 119 
society  of  the  new  jerusalem. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  Boston  Society  of  the  New  Jerusa-  Reai  or  per- 
lem,  in  addition  to  the  power  given  in  the  second  section  to  exceed ''^  """^ 
of  its  charter  of  incorporation  and  in  other  acts  in  addi-  *-5*^>'^^'^- 
tion  thereto,  may  take  and  hold  for  religious,  charitable 
and  educational  purposes,  in  fee  simple  or  otherwise,  by 
gift,  grant,  devise  or  purchase  any  real  or  personal  estate 
to  an  amount  not  exceeding  in  all  the  sum  of  two  hundred 
and  fifty  thousand  dollars. 

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

Approved  March  19, 1889. 


C7iap.l20 


An  Act  to  change  the  name  of  the  second  methodist  epis- 
copal church  of  natick. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  name  of  the  religious  society  known  Name  changed 
as  the  Second  Methodist  Episcopal  Church  of  Natick  is  Haf  MethoXt 
hereby  changed  to  and  shall  hereafter  be  the  Fisk  Memo-  cimTch'of 
rial  Methodist  Episcopal  Church  of  Natick.  Natick. 

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

Approved  March  19,  1889. 


Chap.121 


An  Act  to  authorize  the  unitarian  Sunday  school  society 
TO  hold  meetings  in  any  part  of  the  united  states  and 
TO  confirm  certain  proceedings  of  said  corporation. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Unitarian  Sunday  School  Society,  a  May  bold  meet. 
corporation   established   under   the  general  laws  of  this  oftheVniter'' 
Commonwealth,  is  hereby  authorized  to  hold  any  of  its  ^'*"'^- 
meetings  in  any  state  or  territory  of  the  United  States  or 
in  the  District  of  Columbia. 


8G8  1889.  — Chapters  122,  123. 

raufied*!'"^^  Section  2.     All  acts  and  proceedings  of  the  said  cor- 

poration at  any  meeting  held  heretofore  in  any  part  of  the 
United  States  outside  of  this  Commonwealth  are  hereby 
ratified  and  confirmed  and  shall  have  the  same  validity 
and  force  as  though  such  meeting  had  been  held  within 
this  Commonwealth. 

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

Approved  March  19,  1889. 

C7iap.\22  ^^  ^^"^  '""O  PROVIDE    FOR  THE    HOLDING  OF  WEEKLY  SESSIONS    OF 
THE   DISTRICT   COURT   OF    HAMPSHIRE    IN   THE   TOWN    OF   WARE. 

Be  it  enacted,  etc.,  as  follows: 
Sessions  of  the        SECTION    1.     The    district    court    of    Hampshire    now 

court  in  town  of  •ii  .  i  ft  ^  i        i  t 

Ware.  required,  by  section  three  of   chapter  two  hundred  and 

twenty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-two,  to  be  held  on  the  first,  second  and  third 
Fridays  of  each  ijionth  in  the  town  of  Ware,  shall  here- 
after l3e  held  on  Friday  of  each  week  in  said  town. 

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

Approved  March  19,  1889. 

ChCl7).\2l3   ^^  "^^^   RELATING   TO   THE   DISCHARGE   OF   INMATES   OF  THE    STATE 

INDUSTRIAL   AND   REFORM    SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 
Discharge  of  in-      Chapter  eightv-iiine  of  the  Public    Statutes  is  hereby 

mates  of  state  i      i     i  -i   •  •^^        f  •  f  c  i 

industrial  and     amended    by  striking   out   all  of   section   torty-nve   and 

reform  schools.    .  ,.  .  i  ,i  /»  ji        /»  ii         •  i_' 

inserting  in  place  thereof  the  following  new  section  :  — 
Stction  45.  The  trustees  may  discharge  and  return  to 
his  parents,  guardian  or  protector  any  boy  who,  in  their 
judgment,  ought  not  by  reason  of  mental  incapacity  or 
bodily  infirmity  to  remain  in  the  school ;  and  they  shall 
discharge  and  return  to  her  parents,  guardian  or  protector 
any  girl  who,  in  their  judgment,  ought  for  any  cause  to 
be  removed  from  the  school.  And  in  such  case  the 
trustees  shall  make  an  entry  upon  their  records  of  the 
name  of  such  boy  or  girl,  the  party  to  whom  he  or  she 
was  returned,  and  the  date  when  he  or  she  was  discharged 
from  the  custody  of  the  school,  together  with  a  statement 
of  the  reasons  for  his  or  her  discharge ;  a  copy  of  which 
record,  signed  by  their  secretary,  they  shall  forthwith 
transmit  to  the  judge,  trial  justice  or  commissioner  by 
whom  the  boy  or  girl  was  committed. 

Approved  March  19,  1889. 


1889.  — Chapters  124,  125,  126.  869 


An  Act  relating  to  electrotyping  the  reports  of  the  bureau  (J]ici'r),\'2.4: 

OF   STATISTICS   OF    LABOR. 

Be  it  enacted,  etc. ,  as  follows : 

The  reports  of  the  bureau  of  statistics  of  labor  or  any  Reports  may  be 
part  thereof  may  be  electrotyped  at  the  discretion  of  the  ^  ^"^ '°  ^^"^^ " 
chief  of  said  bureau.  Approved  March  19,  1889. 

An  Act  to  incorporate  the  Bradford  farmers'  and  mechanics'  (JJian.Vl^ 

INSTITUTE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Samuel  W.  Hopkinson,  Charles  B.  Emer-  Bradford  Farm 
son,  Cfeoro:e  W.  Ladd,  William  Cogswell,  Harry  H.  Mechaiiics' in. 
Hale,  Thomas  Sanders,  Fred.  G.  Richards,  Zenas  C.  ^^I^*^';];'.  i"'^°''.o 
Wardwell,  O.  S.  Butler,  George  W.  Chadwick  and  James 
C.  Poor,  their  associates  and  successors  within  the  towns 
of  Bradford,  Groveland,  Georgetown,  Boxford  and  North 
Andover  and  the  city  of  Haverhill,  are  hereby  made  a 
corporation  under  the  name  of  the  Bradford  Farmers'  and 
Mechanics'  Institute,  to  be  located  at  Bradford,  for  the 
encouragement  of  agriculture,  horticulture  and  the  arts, 
by  the  distribution  of  premiums  and  otherwise,  with  the 
powers  and  privileges  and  subject  to  all  the  duties,  re- 
strictions and  liabilities  set  forth  in  all  general  laws  which 
now  are  or  may  be  hereafter  in  force  applicable  to  such 
corporations.  And  said  corporation  is  hereby  authorized 
to  hold  real  and  personal  estate  to  an  amount  not  exceed- 
ing twenty-five  thousand  dollars. 

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

Approved  March  19,  1889. 

An  Act  to  authorize  the  homoeopathic  medical  dispensary  rij^f^^.  i  i)a 
TO  hold  additional  real  and  personal  estate.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The   Homoeopathic   Medical  Dispensary,  Mayhoidaddi- 
incorporated  by  chapter  one  hundred  and  ninety-one  of  pei'souaTistatl. 
the    acts    of  the  year  eighteen  hundred  and  fifty-six,  is 
authorized  for  the  purposes  set  forth  in  said  act  to  hold 
real  and  personal  estate  to  an  amount  not  exceeding  two 
hundred  and  fifty  thousand  dollars. 

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

A2)pro'v^(^  March  19,  1889. 


870 


1889.  — Chapters  127,  128. 


May  lay  out 
streets  through 
a  private  burial 
ground. 


CJiap.127  -^N  Act  to  authorize  the  city  of  fall  river  to  lay  out  and 

CONSTRUCT  STREETS  OR  "WAYS  THROUGH  THE  REED  OR  BRIGHT- 
MAN  BURIAL  GROUND. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  city  of  Fall  Eiver  is  hereby  author- 
ized to  lay  out  and  construct  the  streets  or  ways  known 
as  High  street  and  Weetamoe  street  in,  upon  and  through 
the  private  burial  ground  known  as  the  Eeed  or  Brightman 
burial  ground,  and  situated  at  and  around  the  intersection 
of  said  High  street  and  Weetamoe  street  as  proposed  to 
be  laid  out :  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  to  some  other  cemetery  and  duly 
inteiTcd  therein,  with  all  headstones  as  they  now  exist 
transferred  so  as  to  mark  their  appropriate  graves,  with- 
out expense  to  the  owner  of  or  persons  interested  in  such 
burial  lot. 

Section  2.  Said  city  shall  be  liable  to  the  owners  of 
and  all  parties  interested  in  said  burial  lot,  to  pay  all 
damages  sustained  in  their  property  by  the  taking  of  any 
lands  under  the  provisions  of  the  preceding  section.  If 
said  owners  or  any  party  interested  as  aforesaid  cannot 
agree  with  the  city  upon  the  amount  of  said  damages, 
such  owners  or  party  may  have  said  damages  assessed  in 
the  same  manner  as  is  provided  in  case  of  taking  land  for 
highways  :  provided,  that  any  application  for  a  jury  to 
assess  said  damages  shall  be  made  within  one  year  after 
said  damages  are  sustained. 

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

Apjyroved  March  19,  1889. 

C'^ttZ>.128  ^^  ^^^  "^^  AUTHORIZE  THE  CITY  OF  FALL  RIVER  TO  LAY  OUT  AND 
CONSTRUCT  A  STREET  OR  WAT  THROUGH  THE  SNELL  BURIAL 
GROUND. 


Liability  for 
damages. 


May  lay  out  a 
street  through 
private  burial 
ground. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  city  of  Fall  River  is  hereby  author- 
ized to  lay  out  and  construct  the  street  or  way  known  as 
Lowell  street  in,  upon  and  through  "the  private  burial 
ground  known  as  the  Snell  burial  ground,  situated  near 
the  intersection  of  said  Lowell  street  as  proposed  to  be 
laid  out  with  Tecumseh  street :  provided,  that  no  burial 
lot  in  w^iich  are  buried  the  remains  of  the  dead  shall  be 


1889.  — Chapters  129,  130.  871 

entered  upon  under  the  provisions  of  this  act  until  such 
remains  shall  have  been  removed  to  some  other  cemetery 
and  duly  interred  therein,  with  all  headstones  as  they  now 
exist  transferred  so  as  to  mark  their  appropriate  graves, 
without  expense  to  the  owner  of  or  persons  interested  in 
such  burial  lot. 

Section  2.  Said  city  shall  be  liable  to  the  owners  of  5^'™^/°'' 
and  all  parties  interested  in  said  burial  lot,  to  pay  all 
damages  sustained  in  their  property  by  the  taking  of  any 
lands  under  the  provisions  of  the  preceding  section.  If 
said  owners  or  any  party  interested  as  aforesaid  cannot 
agree  wnth  the  city  upon  the  amount  of  said  damages, 
such  owners  or  party  may  have  said  damages  assessed  in 
the  same  manner  as  is  provided  in  case  of  taking  land  for 
highways  :  provided^  that  any  application  for  a  jury  to 
assess  said  damages  shall  be  made  wdthin  one  year  after 
said  damages  are  sustained. 

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

Approved  March  19,  1889. 

An  Act  relating  to  buildings  in  the  public  parks  of  the  (Jhrt^j  1 99 

CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  park   commissioners  of  the    city  of  Pertain  tuiid- 
Boston  may  erect  m  the  parks  or  said  city  that  now  are  erected  in  the 
or  hereafter  may  be  under  their  control,  except  the  com-  ^'" 
mon,  public  garden  and  public  squares,  structures  for  the 
shelter  and  refreshment  of  persons  frequenting  such  parks 
and  for  other  park  purposes,  of  such  materials  and  in  such 
places  as  in  the  opinion  of  the  fire  commissioners  of  said 
city  do  not  endanger  buildings  beyond  the  limits  of  the 
park.     Section  sixteen  of  chapter  fifty-four  of  the  Public 
Statutes  and  chapter  three  hundred  and  seventy-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-five  shall 
not  apply  to  such  buildings. 

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

Approved  March  19,  1889. 


Chap.no 


An  Act  to  establish  the  salary  of  the  justice  of  the  dis- 
trict   COURT  OF  eastern    HAMPDEN. 

Be  it  enacted,  etc.,  as  folloios  : 

Section  1.     The  salary  of  the  justice  of  the  district  salary  cstab- 
court  of  Eastern  Hampden  shall  be  twelve  hundred  dollars 


872  1889.  —  Chapteks  131,  132. 

per  annum,  to  be  so  allowed  from  the  first  day  of  March 
in  the  year  eighteen  hundred  and  eighty-nine. 

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

Ai^proved  March  19,  1889. 

Ghcip,\^\  An  Act  to  authohize  the  boston  pilotsi'  kelikf  society  to 

HOLD   ADDITIONAL  REAL  AND   PEKSONAL    ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

fouli7st\!not       Section  1.     The  Boston  Pilots'  Eelief  Society,  incor- 
'"'•s^ceed  porated   by  chapter   ninety-one  of  the  acts  of  the  year 

eighteen  hundred  and  sixty-six,  for  the  purposes  set  forth 
in  said  act  is  here1)y  authorized  to  hold  real  and  personal 
estate  to  an  amount  not  exceeding  two  hundred  thousand 
dollars. 

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

Aj)j)roved  March  19,  1889. 

0^^/9.132  ^'^  ^^^  "^^^  AMEND  CHAPTER  ONE  HUNDKED  AND  SEVENTY-THREE 
OF  THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  SIXTY-FIVE 
IN  RELATION  TO  THE  BOARD  OF  OVERSEERS  OF  HARVARD  COL- 
LEGE. 

Be  it  enacted,  etc. ,  as  follows  : 
wdTf  over-^  Section  1.  Section  two  of  chapter  one  hundred  and 
vardCoii^^fi"  seventy -three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-five  is  amended  by  striking  out  all  of  said  sec- 
tion after  the  word  "list"  in  the  eleventh  line  thereof, 
and  by  inserting  in  place  thereof  the  following: — The 
names  of  the  persons  voted  for,  and  the  number  of  votes 
received  for  each  person,  shall  be  entered  in  words  at 
length  by  said  inspectors  u):)on  a  record  kept  by  them  for 
that  purpose,  which  shall,  after  such  election,  be  forth- 
with made  up,  signed  and  delivered  by  them  to  the  board 
of  overseers.  The  persons  who  shall  receive  the  highest 
number  of  votes  for  the  places  in  said  board  shall,  to  the 
number  of  overseers  to  be  elected,  be  deemed  and  declared 
by  said  board  elected  to  be  meml^ers  thereof  for  the  fol- 
lowing terms,  to  wit:  —  The  five  persons  receiving  the 
highest  number  of  votes  shall  be  declared  elected  to  the 
class  having  the  longest  term,  and  in  case  any  vacancy  or 
vacancies  exist  in  an}^  other  class  or  classes,  the  persons 
voted  for  shall  be  declared  elected  to  such  vacancy  or 
A'acancies  according  to  the  number  of  votes  received  by 
them,  the  person  or  persons  receiving  the  next  highest 
number  of  votes  being  declared  elected  to  the  class  having 


vaid  College. 


i 


1889.  — Chapters  133,  134,  135.  873 

the  next  longest  term  to  run,  and  so  on  in  order  for  other 
vacancies.  In  case  by  reason  of  a  tie  it  shall  be  uncer- 
tain to  which  class  any  persons  should  be  declared  elected, 
the  board  of  overseers  shall  by  vote  determine  to  which 
classes  the  persons  receiving  the  same  number  of  votes 
shall  be  assigned. 

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

Approved  March  19,  1889. 


(77m;9.l33 


An  Act  to  change  tue  name  of  the  a.  c.  barnes  whip  com- 
pany. 

Be  it  enacted,  etc. ,  as  folloios : 

Section   1.     The   name    of  the  A.  C.    Barnes   Whip  Name  changed. 
Company  is  hereby  changed  to  the  Massasoit  Whip  Com- 
pany. 

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

Approved  March  19,  1889. 

An    Act   to    incorporate    the  American    humane    education  QJinn  IBl 

society.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Georoje  T.  Angell,  Edmund  H.  Bennett,  American  iia- 
Samuel  C.  Cobb,  Henry  O.  Houghton,  Daniel  Needham  society,  incor- 
and  Samuel  E.  Sawyer,  their  associates  and  successors,  p"""" 
are  hereby  made  a  corporation  by  the  name  of  The  Ameri- 
can   Humane    Education    Society,    for    the    purpose    of 
encouraging  and  promoting  humane  education  throughout 
the  United  States  of  America,  and  elsewhere,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  liabil- 
ities and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  may  hereafter  be  in  force  relating  to  such  cor- 
porations ;  with  authority  to  hold  real  and  personal  estate 
for   the    purposes    of  the    corporation    not    exceeding  in 
amount  five  hundred  thousand  dollars. 

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

Approved  March  19,  1889. 

An  Act  to  amend  an  act  relating  to  the  employment  of  ^/i/yj^l^^ 

MINORS    WHO    CANNOT    READ    AND    WRITE   IN   THE    ENGLISH   LAN-  -^ 

GUAQE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  two  of  chapter  four  hundred  and  thirty-three  Employment  of 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven  "aunotr'Iad  and 


874  1889.  — Chapters  136,  137. 

EnUnshia^u-       ^^  hereby  amended  as  follows  :  in  the  eighth  line  thereof, 
guage.  after  the  word  "day",  by  striking  out  the  words    "or 

evening"  and  by  adding  after  the  word  "  school"  in  the 
same  line  the  following  words :  —  or  has  not  attained  an 
attendance  of  seventy  per  (-ent.  or  more  of  the  yearly 
session  of  the  evening  school,  —  so  that  the  section  as 
amended  shall  read  as  follows  :  —  Section  2.  Every  per- 
son who  regularly  employs,  or  permits  to  be  employed,  a 
minor  fourteen  years  of  age,  or  over,  who  cannot  read 
and  write  in  the  English  language,  providing  such  minor 
has  been,  since  reaching  the  age  of  fourteen  years,  for 
one  year  continuously  a  resident  of  a  city  or  town  in  this 
Commonwealth  wherein  public  evening  schools  are  main- 
tained, and  is  not  a  regular  attendant  of  a  day  school,  or 
has  not  attained  an  attendance  of  seventy  per  cent,  or 
more  of  the  yearly  session  of  the  evening  school,  shall, 
for  every  such  offence,  forfeit  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  for  the  use  of  the  evening  schools 
of  such  cit}^  or  town.  Approved  March  19,  1889. 

OhClvASQ  ^^  ^^^  RELATING  TO  CI.ERICAL  ASSISTANCE  IN  THE  OFFICE  OF 
THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE  COUNTY 
OF   BRISTOL. 

Be  it  enacted,  etc.,  as  follows: 

dedratast/st-'         Section  1.     The  register   of  probate  and   insolvency 
ance.  for  the  county  of  Bristol  shall  be  allowed    annually,  in 

addition  to  the  amount  now  allowed  by  law,  a  sum  not 
exceeding  four  hundred  dollars  for  clerical  assistance  actu- 
ally performed,  to  be  paid  from  the  treasury  of  the  Com- 
monwealth upon  the  official  certificate  of  the  judge  of 
probate  and  insolvency  for  said  county. 

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

Approved  March  19,  1889. 

Ch(l7).\37   -^^    ^'^'^  '^'^   ESTABLISH   THE   SALARY   OF  THE   CLERK   OF    THE   THIRD 

DISTRICT   COURT   OF  PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 
s^li'j-y  estab-  Section  1.     The  salary  of  the  clerk  of  the  third  dis- 

trict court  of  Plymouth  shall  be  five  hundred  dollars  a 
year,  to  be  so  allowed  from  the  first  day  of  March  in  the 
year  eighteen  hundred  and  eighty-nine. 

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

Approved  March  19,  1889. 


1889.  — Chapters  138,  139,  140.  875 


An  Act  to  change  the  name  of  the  Marlborough  schuyler  (JJian.ISS 

ELECTRIC   LIGHT   COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  name  of  The  Marlborough  Schuyler  Name  changed. 
Electric  Light  Company,  incorporated  under  the  general 
laws  of  this   Commonwealth,  is  hereby  changed   to   the 
Marlborough  Electric  Company. 

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

Approved  March  19,  1889. 


Cha2?.139 


An  Act  to  authorize  the  boston  art  club  to  hold  addi- 
tional REAL  AND  PERSONAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   Boston   Art   Club,  incorporated  by  Reai.indper- 

1  ,  J       j_i  /»    j_i  i  i»    J.1  '    1  i.  Bonal  estate  not 

chapter  seventy-three    or   the  acts  oi   the  year   eighteen  to  exceed 
hundred  and  seventy-one,  is  hereby  authorized    for   the  ^^oo.ooo. 
purposes  set  forth  in  said  act  to  hold  real  and  personal 
estate  to  an  amount  not  exceeding  three  hundred  thousand 
dollars. 

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

Approved  March  21,  1889. 


Chap.UO 


An  Act  to  incorporate  the  pentucket  club  of  haverhill. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  A.  Washington  Chase,  Ira  O.  Sawyer,  Pentucket ciub 
David  B.  Tenney,  William  E.  Blunt  and  Charles  C.  corporate'cil'' '°' 
Griffin,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Pentucket  Club,  for 
the  purpose  of  maintaining  a  club  house  and  reading 
room  in  the  city  of  Haverhill,  with  the  powers  and  privi- 
leges and  subject  to  the  duties,  liabilities  and  restrictions 
set  forth  in  all  general  laws  which  now  are  or  may  here- 
after be  in  force  applicable  to  such  corporations. 

Section  2.     Said  corporation  for  the  purpose  aforesaid  ^'^fai^e^'^Xnot 
may  hold  real  and  personal  estate  to  an  amount  not  ex-  to  exceed 
ceeding  fifty  thousand  dollars. 

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

Approved  March  21,  1889. 


876  1889.  — Chapters  141,  142. 


ChC(p.li4:\   -^^    -^CT    TO    INCORPORATE    THE    DARTMOUTH    CLUB    OF    NEW    BED- 
FORD. 

Be  it  enacted,  etc.,  as  follows: 

S of  New  Section  1.     Lemuel  LeBaron  Holmes,  Frank  A.  Milli- 

Bedford,  iucor-  keii,  William  A.  Tucker,  Robert  C.  P.  Coo^o-eshall,  Georoe 

porated.  ,  .  ~~.  ~ 

F.  Tucker,  E.  Stanley  Wills,  their  associates  and  suc- 
cessors, are  made  a  corporation  by  the  name  of  the  Dart- 
mouth Club,  for  the  purpose  of  maintaining  a  club  house 
and  reading  room  in  the  city  of  New  Bedford,  with  the 
powers  and  privileges  and  subject  to  the  duties,  liabilities 
and  restrictions  set  forth  in  all  general  laws  which  now 
are  or  may  hereafter  be  in  force  applicable  to  such  corpo- 
rations. 
^TaUsuiteuot  Section  2.  Said  corporation  for  the  purpose  afore- 
$50  ouo^'*  said  may  hold  real  and  personal  estate  to  an  amount  not 

exceeding  fifty  thousand  dollars. 

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

Approved  March  21,  1889. 

CJiaV.li42  ^^    -^^^    '•'^    INCORPORATE    THE    WAMSUTTA     CLUB    OF     NEW     BED- 
FORD. 

Be  it  enacted,  etc.,  as  follows: 

SwXdfm"!!  Section  1.  Francis  Hathaway,  Charles  S.  Kelley, 
incorporated.  '  Alfred  Thomton  and  Lemuel  LeB.  Holmes,  their  associ- 
ates and  successors,  are  made  a  corporation  by  the  name 
of  the  Wamsutta  Club,  for  the  purpose  of  maintaining  a 
club  house  and  reading  room  in  the  city  of  New  Bedford, 
with  the  powers  and  privileges  and  subject  to  the  duties, 
liabilities  and  restrictions  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  applicable  to 
such  corporations. 
Real  and  per-  Section  2.     Said  Corporation  for  the    purpose    afore- 

to  exceed  '^  "*'    Said  may  hold  real  and  personal  estate  to  an  amount  not 
$100,000.  exceeding  one  hundred  thousand  dollars,  and  shall  have 

the  right  to  mortgage  its  property  to  secure  any  indebted- 
ness incurred  in  acquiring  the  same. 

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

Approved  March  21,  1889. 


1889.  —  Chapters  143,  144.  877 


An  Act  to  establish  the  salary  of    the  second   assistant  QJiQ/n  14Q 

CLERK    OF    THE    MUNICIPAL    COURT    FOR  CIVIL    BUSINESS    OF    THE 
CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  salary  of  the  second  assistant  clerk  fjglfe'J  ^^'''^' 
of  the  municipal  court  for  civil  business  of  the  city  of 
Boston  shall  be  two   thousand    dollars  a  year,  to  be  so 
allowed  from  the  first  day  of  March  in  the  year  eighteen 
hundred  and  eighty-nine. 

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

Approved  March  21,  1889. 

An  Act   in  aid  of  and  relating    to  an    additional    water  nj^f^rr^  144 

SUPPLY   FOR    the   NORTH   ADAMS   FIRE    DISTRICT.  ^ 

Be  it  enacted,  etc.,  as  foUotos: 

Section  1.  The  North  Adams  fire  district  for  the  pur-  May  take  and 
pose  of  supplying  said  district,  the  inhabitants  of  North  pmid 'brJok  L 
Adams,  and  the  inhabitants  of  that  portion  of  Williams-  Wiuiamstown. 
town  lying  adjacent  and  contiguous  to  the  proposed  main 
line  of  pipe  through  which  the  water  is  to  be  conducted, 
with  pure  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  ma}^  take  by  purchase  or 
otherwise,  and  hold  the  waters  of  Broad  brook  and  its 
tributaries  situate  in  the  town  of  Williamstown,  and  con- 
vey said  water  through  the  towns  of  Williamstown  and 
North  Adams,  and  may  also  take  and  hold  by  gift,  pur- 
chase or  otherwise,  any  land,  rights  of  way  and  easements 
necessary  for  obtaining,  taking  and  conveying  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,  puri- 
fying, storing,  retaining,  discharging,  conducting  and 
distributing  said  water. 

Section  2.     Said  fire  district  shall,  within  sixty  days  a  description  of 
after  taking  any  lands,  rights  of  way,  water  rights,  water  {aken'to'be^'re- 
sources    or  easements  aforesaid,  otherwise  than  by  pur-  tr"o^f''de°ed8^'^' 
chase,  for  the  purpose  of  this  act,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  and  dis- 
trict in  which  such  land  or  other  property  is  situated,  a 
description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  was 
taken,  which  statement  shall  be  signed  by  the  chairman 
of  the  prudential  committee  of  said  fire  district. 


878 


1889.  — Chapter  144. 


May  construct 
aqueducts,  erect 
dams,  etc. 


Proviso. 


May  dig  np 
roads,  etc.,  in 
North  Adams 
and  Williams- 
town. 


Liability  for 
damages. 


Application  for 
damages  not  to 
be  made  until 


Section  3.  Said  fire  district  for  the  purpose  afore- 
said may  construct  aqueducts,  and  may  erect  upon  the 
land  thus  taken  or  held,  proper  dams,'  buildings,  fixtures 
and  other  structures,  and  may  make  excavations,  procure 
and  operate  machinery,  and  provide  such  other  means  and 
appliances  as  may  be  necessary  for  the  establishment 
and  maintenance  of  complete  and  effective  water  works  : 
provided,  that  no  dam  shall  be  constructed  at  a  point 
lower  down  on  the  bed  of  Broad  brook  than  shall  be 
necessary  to  include,  retain  and  store  the  water  of  the 
James  brook,  a  tributary  of  said  Broad  brook,  together 
with  the  water  of  said  Broad  brook,  for  the  purposes  set 
forth  in  this  section ;  and  may  make  and  establish  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  fire  district  may  also,  for  the  purposes 
aforesaid,  carry  any  pipe,  drain  or  aqueduct  over  or  under 
any  river,  water  course,  street,  railroad,  public  way, 
highway  or  other  way,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same,  and  may,  under  the  direction 
of  the  boards  of  selectmen  of  the  towns  of  North  Adams 
and  Williamstown,  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  pur- 
poses of  this  act. 

Section  4.  Said  fire  district  shall  be  liable  to  pay  all 
damages  sustained  by  any  persons  or  corporations  by  the 
taking  of  or  injury  to  any  of  their  land,  water,  water 
rights,  rights  of  way,  easements  or  property,  or  by  the 
constructing  or  repairing  of  any  aqueduct,  reservoir  or 
other  works,  for  the  purposes  aforesaid.  Any  person  or 
corporation  sustaining  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  fire  district  as  to  the 
amount  of  damages  sustained,  may  have  the  damages 
assessed  and  determined  in  the  manner  provided  by  law 
when  land  is  taken  for  the  laying  out  of  highways,  on 
application  at  any  time  within  the  period  of  three  years 
from  the  taking  of  such  land  or  other  property,  or  the 
doing  of  other  injury  under  the  authority  of  this  act ; 
but  no  such  application  shall  be  made  after  the  expiration 
of  said  three  years.     No  application  shall  be  made  to  the 


1889.  — Chapter  lU.  879 

court  for  the  assessment  of  damages  for  the  taking  of  any  ^,f ''Jj^g^^*^*" 
water  rights,  or  for  any  injury  thereto,  until  the  water  is 
actually  withdrawn  or  diverted  by  said  fire  district  under 
the  authority  of  this  act. 

Section  5.  The  said  fire  district  may  distribute  the  May  diBtribute 
water  throughout  the  limits  of  said  fire  district,  and  l^fd^Jonect  rates 
throughout  that  portion  of  the  towns  of  Williamstown  ^oritsuse. 
and  North  Adams  lying  adjacent  or  contiguous  to  the 
proposed  main  line  of  pipe  through  Avhich  water  is  to  be 
conducted,  may  regulate  the  use  of  said  water  and  estab- 
lish and  collect  rates  to  be  paid  for  the  use  of  the  same, 
and  may  make  such  contracts  with  the  town  of  Williams- 
town  or  any  water  company  that  now  is  or  any  fire  dis- 
trict that  may  hereafter  be  established  therein  or  with 
any  person  or  persons  or  other  corporation  to  supply 
water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes  as  may  be  mutually  agreed  upon ; 
and  if  surplus  water  be  supplied  by  said  district  to  per- 
sons or  corporations  owning  property  not  exempt  from 
taxation,  for  purposes  other  than  for  the  extinguishment 
of  fires  and  for  domestic  purposes,  the  quantity  of  such 
surplus  water  so  supplied  to  the  persons  or  corporations 
desiring  the  same,  shall  be  substantially  in  proportion  to 
the  amount  of  taxes  paid  by  such  persons  or  corporations 
in  said  town  of  North  Adams  and  in  that  portion  of  the 
town  of  Williamstown  described  in  this  section. 

Section  6.  All  the  rights,  powers  and  authority  given  Powers  and  du- 
to  the  North  Adams  fire  district  by  this  act  shall  be  exer- 
cised by  said  fire  district,  subject  to  all  the  duties,  liabil- 
ities and  restrictions  herein  contained,  in  such  manner 
and  by  such  agents,  oflScers  and  servants  as  the  said  fire 
district  shall  from  time  to  time  ordain,  direct  and  appoint. 

Section  7.     For  the  purpose  of  defraying  the  cost  of  ^"rofstl-It* 
snch    franchises,  property,  land,    easements,    water   and  tYex° e^d°^°  "°* 
water  rights  as  may  be  purchased,  taken  or  held  for  the  $i5o,ooo. 
purposes  aforesaid,  and  of  constructing  the  works  author- 
ized by  this  act,  and  paying  all  expenses  incident  thereto, 
the  said  fire  district  shall  have  authority  to  issue,  in  addi- 
tion to  what  is  already  authorized  by  law  to  issue,  bonds, 
notes  or  scrip  to  be  denominated  on  the  face  thereof,  North 
Adams  Fire  District  Water  Loan,  to  an  amount  not  ex- 
ceeding one  hundred  and  fifty  thousand  dollars,  bearing 
interest  not  exceeding  six  per  centum  per  annum,  payable 
semi-annually,  the  principal  to  be  payable  at  periods  of 


880 


1889.  —  Chapter  144. 


Sinking  fund. 


May  borrow 
bonds,  etc.,  of 
the  town  of 
North  Adams. 


To  raise  by  tax- 
ation, etc.,  suf- 
ficient to  pay 
interest  and  cur- 
rent annual  ex- 
penses. 


Construction  of 
authority,  etc. 


not  more  than  thirty  years  from  the  issuing  of  such  bonds, 
notes  or  scrip  respectively,  and  shall  be  signed  by  the 
treasurer  of  the  tire  district,  and  be  countersigned  by  the 
chairman  of  the  prudential  committee  of  said  tire  district. 
Said  fire  district  may  sell  the  same,  or  any  part  thereof, 
from  time  to  time,  or  pledge  ihe  same  for  money  bor- 
rowed for  the  above  purposes  ;  but  the  same  shall  not  be 
sold  or  pledged  for  less  than  the  par  value  thereof;  shall 
pay  the  interest  on  said  loan,  as  it  accrues,  and  shall  pro- 
vide at  the  time  of  contracting  said  loan,  for  the  establish- 
ment of  a  sinking  fund,  and  shall  annually  contribute  to 
such  fund  a  sum  sufficient,  with  the  accumulations  thereof, 
to  pay  the  principal  of  said  loan  at  maturity.  The  said 
sinking  fund  shall  remain  inviolate  and  pledged  to  the 
payment  of  said  loan  and  shall  be  used  for  no  other  pur- 
pose. The  provisions  of  sections  ten  and  eleven  of  chapter 
twenty-nine  of  the  Pulilic  Statutes  shall  so  far  as  appli- 
cable apply  to  said  sinking  fund. 

Section  8,  The  said  fire  district  may  borrow  for  the 
purposes  mentioned  in  this  act  such  bonds,  notes  or  scrip 
of  the  town  of  North  Adams  as  said  town  may  issue  under 
the  authority  of  an  act  of  the  year  eighteen  hundred  and 
eighty-nine,  entitled,  An  Act  to  authorize  the  town  of 
North  Adams  to  make  an  additional  water  loan  in  aid  of 
the  North  Adams  Fire  District ;  but  the  amount  of  such 
bonds,  notes  or  scrip  so  borrowed  under  the  authority  of 
said  act,  together  with  such  bonds,  notes  or  scrip  as  shall 
be  issued  under  the  provisions  of  section  seven  of  this  act, 
shall  not  exceed  in  the  aggregate  one  hundred  and  fifty 
thousand  dollars. 

Section  9.  The  said  fire  district  shall  raise  annually 
by  taxation  a  sum  which,  with  the  income  derived  from 
the  water  rates,  will  be  sufficient  to  pay  the  current 
annual  expense  of  operating  its  water  works  and  the  inter- 
est as  it  accrues  on  the  bonds,  notes  or  scrip  issued  as 
aforesaid  by  said  fire  district,  and  on  the  bonds,  notes 
and  scrip  borrowed  as  aforesaid  of  the  said  town  of  North 
Adams,  and  to  make  such  contributions  to  its  sinking 
fund  and  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act. 

Section  10.  The  authority  given  to  the  North  Adams 
Fire  District  to  issue  bonds,  notes  or  scrip  for  the  pur- 
poses mentioned  in  this  act,  and  to  borrow  bonds,  notes 
or  scrip  of  the  town  of  North  Adams  issued  by  said  town 


1889.  — Chapter  144.  881 

in  aid  of  the  North  Adams  Fire  District,  shall  be  construed 
to  authorize  the  issue  of  said  bonds,  notes  or  scrip  for 
the  purpose  of  supplying  said  fire  district,  and  the  inhab- 
itants of  the  town  of  North  Adams,  and  the  inhabitants 
of  said  portion  of  the  town  of  Williamstown  wnth  pure 
water  and  constructing  works  suitable  and  proper  for  said 
purposes,  whether  the  water  used  and  supplied  shall  be 
obtained  from  the  sources  of  supply  now  utilized  by  said 
fire  district  or  the  sources  of  supply  mentioned  in  this  act 
or  both  sources  combined  :  provided,  that  an  additional  P''o^i«o- 
water  supply  shall  be  obtained  from  one  or  both  of  said 
sources  and  used  under  and  in  accordance  wdth  the  author- 
ity conferred  by  this  act. 

Section  11.  The  purchases  of  lands,  w^ater  rights  and  ^"oremader"^* 
easements  situate  in  the  town  of  Williamstown,  and  in  rntiHeci:md 
the  town  ot  Pownal  m  the  county  oi  Bennington  m  the 
state  of  Vermont,  and  lying  contiguous  and  adjacent  to 
Broad  brook,  heretofore  made  by  said  fire  district  for  the 
purposes  set  forth  in  this  act,  are  hereby  ratified  and  con- 
firmed as  fully  and  eftectually  jjs  though  authority  to 
purchase  the  same  had  previously  been  given,  and  the 
said  fire  district  may  hold  said  lands,  water  rights  and 
easements  for  said  purposes,  and  may  obtain  and  hold  by 
purchase  such  other  lands,  water  rights  and  easements 
situate  in  Pownal  in  the  state  of  Vermont,  .being  contig- 
uous and  adjacent  to  said  brook,  as  may  be  necessary  for 
said  purposes  ;  and  the  doings  of  said  fire  district  and  of 
its  officers  in  relation  to  the  purchases  of  said  lands,  water 
rights  and  easements  are  hereby  ratified  and  confirmed. 

Section  12.     Whoever  wantonly  or  maliciously  diverts  Penalty  for 
the  water,  or  any  part  thereof  taken  or  held  by  said  fire  diverting  water, 
district  pursuant  to  the  provisions  of  this  act,  or  corrupts  ^^^' 
the  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 
fire  district  under  the  authority  and  for  the  purposes  of 
this  act,  shall  forfeit  and  pay  to    said  fire  district  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  fine  not  exceeding  three  hundred  dollars  or 
by  imprisonment  not  exceeding  one  year  in  the  house  of 
correction  in  the  county  of  Berkshire. 

Section  13.     This  act  shall  take  effect  upon  its  pas- 
sage. Approved  3farch  21,  1889. 


882 


1889.  — Chapter  145. 


CkCip.\4:5  ^^  ^^"^  '^^  AUTHORIZE  THE  TOWN  OF  NORTH  ADAMS  TO  MAKE  AN 
ADDITIONAL  WATER  LOAN  IN  AID  OF  THE  NORTH  ADAMS  FIRE 
DISTRICT. 


Town  may  issue 
bonds,  etc.,  for 
assisting  the 
lire  district. 


North  Adams 
Water  Loan, 
Act  of  1889. 


Town  may  loan 
bonds  to  fire 
district. 


Bonds  previ- 
ouslyauthorized 
may  be  issued 
and  loaned  to 
tire  district. 


Fire  district 
may  sell  securi- 
ties or  pledge 
the  same  for 
money  bor- 
rowed. 


Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  town  of  North  Adams  for  the  purpose 
of  assisting  the  North  Adams  Fire  District,  in  the  man- 
ner hereinafter  provided,  to  procure  an  additional  water 
supply  and  to  pay  the  cost  of  such  franchises,  property, 
land,  easements,  water  and  water  rights  as  may  be  taken 
and  held  for  such  purposes,  and  to  pay  the  cost  of  con- 
structing such  works  as  may  be  necessary  for  such  pur- 
poses, is  authorized  to  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  in  the  aggre- 
gate one  hundred  and  fifty  thousand  dollars  in  addition  to 
the  amount  heretofore  authorized  by  chapter  one  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five  ;  such  bonds,  notes  and  scrip  shall  bear  on 
their  face  the  words,  North  Adams  Water  Loan,  Act  of 
1889  ;  shall  be  pa3^able  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 
five  per  centum  per  annum,  and  shall  be  signed  by  the 
treasurer  and  be  countersigned  by  the  chairman  of  the 
selectmen  of  said  town ;  and  a  record  of  all  such  bonds, 
notes  or  scrip  shall  be  made  and  kept  by  the  treasurer 
of  said  town. 

Section  2.  The  said  town  may  loan  said  bonds,  notes 
or  scrip  to  the  said  fire  district  upon  such  terms  and  con- 
ditions as  said  town  may  prescribe  by  its  vote,  not  incon- 
sistent with  the  provisions  of  this  act. 

Section  3.  Such  bonds,  notes  or  scrip  authorized  by 
the  provisions  of  chapter  one  hundred  and  fourteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-five  now 
remaining  unissued,  may  be  issued  and  loaned  by  said 
town  to  said  fire  district  for  the  purposes  described  in  this 
act  upon  such  terms  and  conditions  as  said  town  may  pre- 
scribe by  its  vote,  not  inconsistent  with  the  provisions  of 
this  act. 

Section  4.  The  said  fire  district  may  sell  such  secur- 
ities at  public  or  private  sale,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act,  upon  such 
terms  and  conditions  as  it  may  deem  proper,  provided 
that  such  securities  shall  not  be  sold  or  pledged  at  less 


1889.  — Chapter  145.  883 

than  the  par  value  thereof,  and  shall  apply  the  proceeds 
thereof,  or  so  much  as  may  be  necessary,  to  defray  the 
necessary  expenses  and  liabilities  incurred  by  said  fire 
district  under  the  provisions  of  an  act  entitled.  An  Act 
in  aid  of  and  relating  to  an  additional  water  supply  for 
the  North  Adams  Fire  District ;  enacted  in  the  year 
eighteen   hundred    and    eio;hty-nine,    and    shall    annually  Tomakeann»ai 

1  <•   Ti  J     •  'j'  .  •  1    J.  i?   'J.        ]     •  report  to  lown. 

make  a  full  report  m  writmg  to  said  town  oi  its  doings 
in  disposing  of  such  securities  and  in  applying  the  pro- 
ceeds thereof. 

Section  5.     The  said  town  of  North  Adams  is  author-  Town  may 
ized  to  annually  assess  upon  the  real  estate  located  within  fecTux^ to  pay 
the  said  fire  district,  and  upon  the  personal  estate  of  all  bouj8^^°° 
persons  resident  in  said  fire  district,  and  collect  all  taxes 
necessary  to  pay  the  interest  as  it  accrues  on  all  bonds, 
notes  and  scrip  issued  and   loaned  as  aforesaid   by  said 
town,  and  to  make  contributions  to  the  sinking  fund  and 
payments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act.     The  said  town  shall  provide,  at 
the  time  of  contracting  its  said  loan  authorized  in  section 
one,  for  the  establishment   of  a  sinking  fund   and  shall  sinking  fund. 
annually  contribute  to   such  fund  a  sum  sufficient,  with 
the    accumulations  thereof,  to  pay  the  principal  of  said 
loan  at   maturity.     The  said    sinking   fund  shall  remain 
inviolate  and  be  pledged  to  the  payment  of  said  loan,  and 
shall  be  used  for  no  other  purpose. 

Section  6.  The  said  town,  instead  of  establishing  a  May  make  an- 
sinking  fund,  may  at  the  time  of  authorizing  its  said  loan  at"e"pajmentB°°' 
provide  for  the  payment  thereof  in  such  annual  propor- 
tionate payments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  shall  without  further  vote  be 
assessed  by  the  assessors  of  said  town,  and  collected  as 
provided  in  section  five,  in  each  year  thereafter,  until  the 
debt  incurred  by  its  said  loan  shall  be  extinguished,  in 
the  same  manner  as  other  taxes  are  assessed  under  the 
provisions  of  section  fifty-four  of  chapter  thirty-five  of 
the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety-one  Return  to  state 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  fngTmid^etc." 
amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established,  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  sec- 
tion and  the  amounts  raised  and  applied  thereunder  for 
the  current  year. 


884 


1889.  — Chapter  U6. 


Board  of  fire 
commiBsioners 
to  be  elected. 


Mpu^ncVbr'         Section  8.     This  act  shall  take  effect  upon  its  accept- 
tow.ibyatwo-   ance  by  a  two-thirds  vote    of  the  voters   of  said  town, 

thirds  vote.  i  •  i  .  n      i 

present  and  voting  thereon  at  a  legal  town  meeting  called 
for  that  purpose,  within  one  year  from  the  date  of  its 
passage,  and  by  a  two-thirds  vote  of  the  voters  of  said 
fire  district,  present  and  voting  thereon  at  a  legal  fire 
district  meeting  called  for  that  purpose,  within  said  one 
year ;  but  the  number  of  meetings  so  called  in  said  year, 
in  said  town  or  in  said  fire  district,  shall  not  exceed  three. 

Approved  March  21,  1889. 

OkaV.^4.G   '^'^   ^^^    KELATING    TO   THE   PUBLIC    CEMETERIES   IN  THE  TOWN    OF 

WINCHESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Winchester  is  hereby  author- 
ized to  elect  by  ballot  at  any  town  meeting  duly  called  a 
board  of  five  commissioners  who  shall  have  the  sole  care, 
superintendence  and  management  of  Wild  wood  cemetery 
and  other  public  burial  grounds  in  said  Winchester,  one 
member  of  which  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 
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  town  at  least  one  year 
previous  to  their  election.  Said  board  may  be  organized 
by  the  choice  of  a  chairman  and  clerk  from  their  number, 
and  a  majority  of  the  board  shall  be  a  quorum  for  the 
exercise  of  the  powers  of  said  ofiice.  In  case  of  a  vacancy 
occurring  in  the  board  by  death,  non-acceptance,  disa- 
bility, resignation  or  removal,  during  any  municipal  or 
oflicial  year,  the  remaining  members  shall  notify  the  board 
of  selectmen  of  Winchester,  in  writing,  thereof  and  of  a 
time  and  place  appointed  for  a  meeting  of  the  two  boards 
for  the  purpose  of  filling  such  vacancy,  at  least  two  weeks 
before  the  time  appointed  for  said  meeting,  and  in  pur- 
suance of  such  notice  said  two  boards  shall  proceed  to  fill 
such  vacancy  until  the  end  of  the  then  current  or  offi- 
cial year  by  electing  upon  joint  ballot  a  suitable  person 
thereto  ;  and  at  each  successive  annual  election  of  town 
officers  after  the  year  one  thousand  eight  hundred  and 
eighty-nine,  said  town  shall  elect  by  ballot  a  suitable  per- 
son or  persons  to  serve  on  said  board  for  the  remainder 
of    any   unexpired   term    or   terms,    and    for   such    full 


Organization. 


Vacancies. 


1S89.  — Chapter  146.  885 

term  of  five  years  as  shall  expire  before  the  next  annual 
election. 

Section  2.     Said  board  of  commissioners  may  lay  out  commisBionera 

•  1    TTT'i  1  T  iiii'i  11  "i^y  layout 

said  \V  ildwood  cemetery,  and  lands  which  may  be  here-  cmeteiies and 
after  purchased  and  set  apart  by  said  town  of  Winchester  on,ament  the 
for  the  purposes  of  said  cemetery,  and  other  public  burial  *'"^®' 
ofrounds  in  suitable  lots  or  other  suitable  subdivisions  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  deem  convenient ;  and  may  make  all 
such  by-laws,  rules  and  regulations  in  the  execution  of 
their  trust,  subject  to  the  approval  of  the  town,  not  incon- 
sistent with  the  laws  of  the  Commonwealth,  as  they  may 
deem  expedient. 

Section  3.     Said  board  of  commissioners  shall  have  May  execute 
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  Deeds  to  be 
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  riohts  of  P'o^eeds  of 
burial  in  said  cemetery  or  pul)lic  burial  orrounds,  and  any  into  the  town 

•  •  treasurv 

appropriations,  grants,  donations,  gifts  or  bequests  made 
thereto,  and  any  and  all  sums  of  money  due  to  and  paya- 
ble 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  Treasurer  of 
subject  to  the  order  of  the  selectmen  and  said  board  of  fuL^s  B°ubj'ect  to 
commissioners,  and    shall    invest   the    same  or   any  part  men  and  com'" 
thereof,  or  pay  out  the  same  or  any  income  therefrom,  missiouers. 
on  the  orders  of  said  board  of  commissioners,  or  with 
their  approval. 

Section  5.     Said   board    of  commissioners    shall    not  i ;»"' of  jn'iebt- 
incur  debts  or  liabilities  for  purposes  other  than  aiorestnd, 


SS6  1889.  — Chapters  147,  H8. 

nor  to  an  amount  exceeding  the  amount  of  the  funds  sul)- 
ject  to  their  order  as  aforesaid ;  and  they  shall  annually 
make  and  render  a  report  in  writing  to  said  town  of 
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. 
fe'll'unce  Vuiiin  SECTION  6.  This  act  shall  be  void  unless  accepted  by 
eight  monthB.  f^  votc  of  Said  towD  of  Winchester  at  a  meeting  duly 
called  within  eight  months  from  its  passage. 

Section  7.     This  act  shall  take  etfect  upon  its  passage. 

Aj)proved  March  22,  1889. 


Chap 


.147   ^^   ^^'^   RELATING   TO   THE    HARBOR    MASTER   AND    ASSISTANT   HAR- 
BOR   MASTERS   FOR  THE   HARBOR   OF   BOSTON. 


t^^be^VpoTnred        Section  1.     The  harbor   master  and  assistant  harbor 


JSe  it  enacted,  etc.,  as  follows. 

Section  1.     The  harbo 

from  the  police  mastcrs  for  the  port  of  Boston  shall  hereafter  be  appointed 
from  the  police  force  by  the  board  of  police  of  said  city ; 
and  they  shall  continue  respectively  to  have  all  the'  powers 
and  be  subject  to  all  the  duties,  liabilities  and  obligations 
which  now  appertain  by  law  to  said  offices.  The  board 
of  police  may  require  such  further  duties  of  these  offi- 
cers, including  the  duties  of  officers  and  members  of  the 
police  force  of  said  city  not  inconsistent  with  the  pro- 
visions of  law,  as  they  shall  deem  expedient. 

Compensation.  Section  2.  The  harbor  master  and  assistant  harbor 
masters  shall  receive  the  pay  now  established,  or  which 
may  hereafter  be  established,  for  the  grade  of  rank  which 
they  respectively  hold  in  the  police  force  of  said  city. 

Repeal.  Section  3.     Chapter  sixty-four  of  the  acts  of  the  year 

eighteen   hundred  and    sixty-two  and  all  other  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 
Section  4.     This  act  shall  take  eifect  upon  its  passage. 

Approved  March  22,  1889. 

ChcinA.4:S  ^^  ^^"^  '^'^  AUTHORIZE  THE  MASSACHUSETTS  SOCIETY  FOR  THE 
PREVENTION  OF  CRUELTY  TO  ANIMALS  TO  HOLD  ADDITIONAL 
REAL  AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
May  hold  addi-        Section  1.     Tlic  Massachusctts  Socictv  for  the  Prcvcn- 

tional  real  and         .  /•  /^  i  *      •         i  •  i     i      •  i 

personal  estate,  tiou  ot  Cruelty  to  Anuuals,  a  corporation  duly  nicorporated 
by  chapter  eighty-one  of  the  acts  of  the  ^-ear  eighteen 


1889.  — Chapter  149.  887 

hundred  and  sixty-eight,  is  hereby  authorized  to  hold,  for 
the  purposes  of  said  society,  real  and  personal  estate  to 
the  same  amount  permitted  charitable  societies  organized 
under  chapter  one  hundred  and  fifteen  of  the  Public  Stat- 
utes. 

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

Approved  March  22,  1889. 

An  Act  to  incohporate  the  newton  real  estate  association,    (^hni)  1 49 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     James  W.  French,  Howard  M.  Stephens,  Newton  Reai 
Lewis  E.   Coffin,  Thomas    B.   Calrow,  Charles   A.  Fitz- umfo^f  New^lTn, 
gerald,  All)ert  P.  Fairbanks,  their   associates    and    sue-  in«o'PO'">«''- 
cessors,  are  hereby  made  a  corporation,  for  the  terra  of 
thirty  years  from  the  date  of  the  passage  of  this  act,  by 
the  name  of  the  Newton  Real  Estate  Association  of  New- 
ton, subject  to  the  provisions  of  cha]^ter  one  hundred  and 
five  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  in  May  purchase 
the  counties  of  Middlesex  and  Suftblk  to  purchase,  hold,  estiue^inMuuiic- 
sell,  mortgage,  let  and  lease  real  estate,  and  to  improve  counues!^"^""^ 
the  same  by  the  erection  of  dwelling-houses,  stores  and 
other   buildings  thereon,  or  otherwise  as  may  be  expe- 
dient. 

Section  3.  The  capital  stock  of  said  corporation  shall  ^nd  shares"^ 
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  property,  if  any,  shall  be  determined  by 
the  commissioner  of  corporations. 

Section  4.     The  said   corporation   may  from  time   to  May  increase 
time  increase  its  capital  stock  in  amounts  not  to  exceed ''''''"''' ^'^'^  ' 
in  the  aggregate  the  further  sum  of  one  hundred  thousand 
dollars  :  provided,  that  no  shares  in  such  increased  capital  P'ovIsos. 
stock  shall  be  issued  for  a  less  sum  to  be  actually  paid  in 
on    such  share,  in  cash  or  property,  than  the  par  value 
thereof,  which  shall  not  l)e  less  than  one  hundred  dollars, 
the  value  of  said  property  to  be  determined  as  aforesaid  ; 
and  also,  provided,  that  a  certificate  stating  the  amount 


888 


1889.  —  Chapters  150,  151. 


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  March  22,  1889. 


Chap 


Additional 
copies  of  jour- 
Dals  to  be 
printed. 


^5Q  An  Act  providing  for  printing  the  journals  of  the  senate 

AND   UOUSE   OF   KEPRESENTATIVES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  printed  annually  one  thou- 
sand copies  of  the  journals  of  the  senate  and  house  of 
representatives,  to  be  distributed  as  follows,  to  wit :  — 
one  copy  to  each  member  of  the  legislature,  one  copy  to 
be  sent  to  each  public  and  incorporated  library  in  the 
state  by  the  secretary  of  the  Commonwealth  and  the  bal- 
ance to  be  distributed  under  the  direction  of  the  clerks  of 
the  two  branches. 

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

Approved  March  22, 1889. 


Selectmen  of 
Biookline,  with 
consent,  etc., 
may  lay  a  com- 
mon Bewer  in 
Boston  and 
Newton. 


njia7).\51  -^N   Act  to  authorize  the  town  of  brookline  to  lay  and 

maintain   a   common   sewer   in   boston   and    NEWTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  selectmen  of  the  town  of  Brookline 
may,  with  the  consent  of  the  mayor  and  aldermen  of  the 
city  of  Boston,  lay  and  maintain  a  common  sewer  through 
any  public  way  and  in  and  through  the  lands  of  any  per- 
son or  corporation  within  that  part  of  the  city  of  Boston 
which  was  formerly  Brighton,  and,  with  the  consent  of 
the  mayor  and  aldermen  of  the  city  of  Newton,  within 
the  city  of  Newton,  in  order  to  connect  the  system  of 
sewers  in  the  said  town  of  Brookline  with  a  common 
sewer  to  be  built  in  the  westerly  part  of  said  Brookline 
near  the  city  of  Newton.  And  said  selectmen  may  take 
and  appropriate,  by  right  of  eminent  domain,  any  lands 
other  than  lands  of  either  of  said  cities  required  for  the 
purposes  of  this  act. 

Section  2.  The  said  town  of  Brookline  shall,  within 
sixty  days  from  the  time  it  shall  take  any  lands  for  the 
purposes  of  this  act,  file  in  the  registry  of  deeds  for 
the  county  and  district  in  which  such  lands  lie  a  descrip- 
tion of  the  lands  so  taken,  as  certain  as  is  required  in  a 


To  file  in  regis- 
try of  deeds  a 
description  of 
lauds  taken. 


1889.  — Chapter  152.  889 

common  conveyance  of  land,  and  a  statement  of  the  pur- 
poses for  which  they  were  taken,  which  description  and 
statement  shall  be  signed  by  a  majority  of  the  selectmen 
of  said  town. 

Sectiox  3.  Said  town  of  Brookline  shall  pay  all  ^^^^ges.°^ 
damages  for  injuries  to  property  sustained  bj'^  any  person 
by  anything  done  under  authority  of  this  act ;  and  if  the 
town  and  the  person  whose  property  is  affected  cannot 
agree  upon  the  amount  of  damages,  a  jury  of  the  superior 
court  may  be  had  to  determine  the  same,  in  the  same 
manner  as  a  jury  is  had  and  damages  are  determined  when 
parties  are  dissatisfied  with  an  estimate  of  damages  sus- 
tained by  any  person  in  the  laying  out  of  a  highway  in 
the  city  of  Boston. 

Section  4.     All  provisions  of  law  now  applicable  to  i-aws  aovon.ing 

,1  jiiij'r'  i'*!    Sewer  a-ineH8 

tlie  assessment  and  collection  ot  sewer  assessments  in  said  nums,  etc.,  in 
town  of  Brookline  shall  apply  in  said  town  to  the  sewer  ai'.i)[j''.'""' ^" 
constructed  under  this  act,  and  to  all  sewers  of  said  town 
connected  therewith  ;  and  the  right  of  said  selectmen  to 
lev}^,  and  of  the  officers  of  said  town  to  collect,  all  such 
assessments  on  property  in  said  town  shall  not  be  impaired 
by  reason  of  the  fact  that  said  sewer,  or  a  portion  thereof, 
lies  within  the  limits  of  the  cit}'^  of  Boston  or  of  the  city 
of  Newton. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Ajwoved  March  22,  1889. 

An  Act  to  provide  for  the    appointment  of    an   assistant  z^?^^ -i  ;ro 

CLERK   OF   THE   POLICE   COURT   OF   LOWELL.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  clerk  of  the  police  court  of  Lowell  cierk  may  ap- 

i  .  point  au  assist- 

may  appoint  an  assistant  clerk,  who  shall  be  subject  to  all  ant. 
the  provisions  of  law  ajjplicable  to  assistant  clerks  of  dis- 
trict courts  and  perform  all  duties  prescribed  therefor. 

Section  2.     Said  assistant  clerk  shall  receive  an  an-  salary. 
nual  salary  of  one  thousand  dollars,  to  be    paid  in  the 
same  manner  as  the  salary  of  the  clerk  of  said  court  is 
now  paid. 

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

Approved  March  22,  1889. 


800 


1889.  — Chapter  153. 


The  Real  Estate 
Exchange  and 
Auction  Board, 
incorporated. 


Capital  stock 
and  shares. 


Chnp.X^S    ^^     ^^"^     '^^     INCORPORATE     THE     REAL     ESTATE     EXCHANGE     AND 

AUCTION  BOARD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Francis  V.  Balch,  Henry  M.  Whitney, 
Robert  S.  Minot,  Grenville  T.  W.  Braman,  Eben  D. 
Jordan,  George  Wheatland,  Jr.,  John  Mason  Little  and 
Frederic  H.  Viaux,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  The  Real  Estate 
Exchange  and  Auction  Board,  with  all  the  powers,  rights 
and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
be  ten  thousand  dollars,  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each  ;  said  capital  stock  may  be 
increased  from  time  to  time  in  the  manner  provided  by 
law  to  any  amount  not  exceeding  three  hundred  thousand 
dollars  ;  and  it  shall  not*  commence  business  until  its  en- 
tire original  capital  is  actually  paid  in,  in  cash.  The 
office  and  principal  place  of  business  of  said  corporation 
shall  be  in  the  city  of  Boston,  and  it  may  hold  real  estate 
suitable  for  the  transaction  of  its  business  to  the  amount 
of  three  hundred  thousand  dollars. 

Section  8.  The  said  corporation  may  establish  and 
maintain  a  central  room  or  station  in  said  Boston,  for  the 
sale  of  real  estate  and  securities  at  auction  ;  and  lease 
stands  to  auctioneers,  and  furnish  a  general  meeting  room 
for  real  estate  owners  and  others  ;  and  prepare  and  collect 
maps,  plans,  statistics  and  other  records  relating  to  real 
estate  and  subjects  connected  therewith  ;  and  do  and  per- 
form such  other  matters  as  relate  to  real  estate  interests 
and  dealings  therein. 

Section  4.  Any  court  of  law  or  equity  and  any  court 
of  probate  and  insolvency  of  this  Commonwealth  may, 
by  decree  or  otherwise,  direct  any  or  all  sales  of  real 
estate  or  personal  property  oidered  to  be  sold  by  such 
court,  to  be  held  at  the  sales-room  of  said  corporation. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  22,  1889. 


Principal  place 
of  business  to 
be  in  Bostou. 


May  establish  a 
station  in  Boston 
for  sale  of  real 
estate,  etc.,  at 
auction. 


Courts  may  or- 
der sale  of  estate 
to  be  held  at 
sales-room. 


1889.  — Chapters  154,  155.  891 


An  Act  in    relation  to   evidence  at  inquests    in  cases  of  /^a^^  i  ka 

FATAL    accidents    ON   STREET    RAILWAYS.  ■^* 

Be  it  enacted,  etc.,  as  follows: 

When  a  justice  has  reason  to  believe  that  an  inquest  to  verbatim  report 
be  held  by  him  relates  to  a  death  by  accident  resulting  bemLde'I"*"^" 
from  or  connected  with  the  operation  of  a  street  railway, 
he  shall  cause  a  verbatim   report  of  the  evidence  given 
before  him  to  be  made  ;  and  the   provisions  of  chapter  provisions  of 
three  hundred  and  sixty-five  of  the  acts  of  the  year  eight-  appV^"'  *° 
een  hundred  and  eighty-eight  shall  apply  in  such  case  the 
same  as  to  the  taking  of  evidence  given  at  inquests  in 
cases  of  death  from  accidents  upon  railroads. 

Approved  March  22,  1889. 


Cha2).155 


An  Act  in  addition  to  an  act  for  supplying  the  town  or 

PITTSFIELD   WITH   PURE   WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    Pittsfield   Fire    District    is    hereby  May  take  waters 
authorized  to  take  the    waters  of  Sackett  brook  in  the  brotk!''°" 
town  of  Pittsfield  and  the  waters  which  flow  into  and  from 
the  same,  and  to  convey  the  same  to,  into  and  through 
the  town  of  Pittsfield  for  the  purpose  of  furnishing  an 
additional  supply  of  water  for  the  town  of  Pittsfield  and 
for  public  purposes  ;  and  for  this  purpose  may  take  by  May  take 
purchase  or  otherwise  any  lands  on  or  around  said  brook  ''''°''*'  ^^'^' 
and  any  water  rights  connected  therewith,  and  may  build 
and  maintain  all  necessary  dams  and  reservoirs,  and  may 
sink  wells  near  said  brook ;  and  lay  and  maintain  all  nec- 
essary pipes  to  connect  the  same  with  the  present  water 
works. 

Section  2.  Said  fire  district  shall  be  liable  to  pay  all  Payment  of 
damages  that  shall  be  sustained  by  any  person  or  corpo- 
ration by  the  proceedings  of  said  district  under  this  act, 
and  the  same  shall  be  assessed  and  determined  in  the 
manner  prescribed  in  the  sixth  section  of  chapter  two 
hundred  and  ten  of  the  acts  of  the  year  one  thousand 
eight  hundred  and  fifty-two,  and  section  nine  of  the  same 
chapter  shall  apply  to  all  water  taken,  and  to  all  struc- 
tures made  and  property  acquired  or  taken  by  said  fire 
district  under  this  act. 

Section  3.     The  town  of  Pittsfield  for  the  purpose  of  Town  may 
paying  for   the  additions    and    extensions    of  the    water  notes  o»- scrip. 


892  1889.  — Chapters  156,  157. 

works  authorized  by  the  preceding  sections  of  this  act, 
and  for  the  purpose  of  paying  for  a  new  main  pipe  to 
connect  the  same  with  the  present  water  works  of  said 
district,  ma}^  issue  bonds,  notes  or  scrip  to  an  amount  not 
Fire  district       excccding  fifty  thousand  dollars  ;  or  the  said  fire  district 
bo'udsTnoteB  or   Qiay,  if  it  shall  so  determine,  issue  its  own  bonds,  notes 
*'"'^'  or   scrip,  and  whether   such    bonds,  notes   or   scrip    are 

issued  by  the  town  or  fire  district,  the  same  shall  be  sub- 
ject to  all  the  provisions  and  conditions  prescribed  by 
chapter  three  hundred  and  forty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five  authorizing  the  issue  of 
bonds,  notes  or  scrip  by  either  said  town  or  fire  district ; 
and  the  said  fire  district  may  authorize  temporary  loans 
to  be  made  by  the  treasurer  of  the  district  and  approved 
by  the  prudential  committee,  in  anticipation  of  the  issue 
of  bonds,  notes  and  scrip  hereby  authorized. 

Section  4.     This  act  shall  take  efi'ect  upon  its  passage. 

A2J2)rovecl  March  22,  1889. 

ChCipABQ  ^^   ^^^    "^^    AUTHORIZE    THE    TRANSFER    OF    THE   DEDUAM    PUBLIC 

LIBRARY    TO   THE   TOWN   OF    DEDHAM. 

Be  it  enacted,  etc.,  as  follows: 
Dedham  Public       Section  1.     The  Dcdham  Public  Library  may  OTant, 

Library  may  be  .  ^   -r~v     n  •         /•  i   • 

transferred  to     transtcr  aud  couvcy  to  the  town  oi  Dedham  its  franchise, 
ham.       ^  "      library  and  property,  real  and  personal,  for  the  establish- 
ment of  a  free  public  library,  to  be  forever  maintained 
therein. 
^c'?"to'pa8rto        Section  2.     All  grants,  devises,  bequests   and  trusts 
trrn°8fer"         ^^  ^'^^^^  Dedhaiii  Public  Library  shall  by  force  of  this  act, 
and  the  conveyance  hereljy  authorized,  vest  in  and  pass 
to  the  town  of  Dedham  for  the  use  and  benefit  of  the  free 
public  library  to  be  established  ^nd  maintained  as  afore- 
said. 

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

Approved  March  22,  1889. 

ChCip.lL57  ^^  ^^"^  "^O  EXEMPT  THE  CITY  OF  WORCESTER  FROM  THE  PROVI- 
SIONS OF  SECTION  ONE  OF  CHAPTER  THREE  HUNDRED  AND  TWELVE 
OF  THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY- 
FIVE  RELATIVE  TO  THE  LIMIT  OF  MUNICIPAL  DEBT  OF  AND  THE 
RATE   OF  TAXATION  IN   CITIES. 

Be  it  enacted,  etc.,  as  folloios: 
Exempted  from      Section  1.     The  city  of  Worccster  IS  exempted  from 

operation  of  n  .       "^  n     ■,  ,, 

1S85, 312,  §  1,      the  operdtion  of  section  one  of  chapter  three  hundred  and 


1889.  — Chapters  158,  159,  IGO.  893 

twelve   of  the    acts  of  the  year   eighteen   hundred    and  is"*!.  ^^^^^^  • 
eighty-five,  until   the  first   day  of  January  in  the    year 
eighteen  hundred  and  ninety-one. 

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

Approved  March  22,  1889. 


Chap. 158 


An  Act  to  establish  the  salary  ok  the  justice  of  the  sec 

OND    district    court   OF   EASTERN    WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    salary  of  the  justice  of  the  second  j^J^Jfice,"* 
district  court  of  eastern  Worcester  shall  be  twelve  hun- 
dred dollars  a  year,  to  be  so  allowed  from  the  first  day  of 
March  in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  March  22,  1889. 


Chap.159 


An  Act  relating  to  co-operative  banks. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Section  thirteen  of  chapter  one  hundred  f^euded.^^^ 
and  seventeen  of  the  Public  Statutes  is  hereby  amended 
by  adding  after  the  word  "estate"    in   the    second  line 
thereof  the  words  :  —  situated  in  this  Commonw^ealth. 

Section  2.  Every  co-operative  bank  shall  annually  Annual  returns 
within  twenty  days  after  the  last  business  day  of  October 
make  a  return  to  the  commissioners  of  saving-s  banks  in 
such  form  as  may  be  prescribed  by  them,  showing  accu- 
rately the  conditioil  thereof  at  close  of  business  on  said 
day,  which  return  shall  be  signed  and  sworn  to  by  the 
secretary  and  treasurer  of  such  corporation.  The  presi- 
dent and  five  or  more  of  the  directors  shall  certify  and 
make  oath  that  the  report  is  correct  according  to  their 
best  knowledge  and  belief.         Approved  March  22,  1889. 


Ckap.160 


An  Act  to  change  the  name  of  the  warren  street  chapel. 

Be  it  enacted,  etc.,  as  folloivs: 

The  corporation  organized  under  the  laws  of  this  Com-  Name  changed 
monwealth  as  the  Warren  Street  Chapel,  shall  hereafter  Memorial!^ 
be  known  as  the  Barnard  Memorial,  and  all  its  corporate 
rights  and  property,  and  all  gifts,  devises,  bequests  and 
conveyances  to  it,  by  either  name,  shall  vest  in  the  Bar- 
nard Memorial.  A2)proved  March  22,  1889. 


894 


1889.  — Chapters  161,  1G2. 


(7/ift/?.161  ^N  ^^'^  PROHIBITING  OFFICERS  OF  SAVINGS  BANKS  FROM  BORROW- 
ING THE  FUNDS  OF  OR  ACTING  AS  SURETY  FOR  MONEY  BORROWED 
FROM   SUCH   INSTITUTIONS. 


P.  S.  116,  §  21 
amended. 


Officers  not  to 
borrow  money 


Be  it  enacted.,  etc.,  as  follows: 

Section  twenty-one  of  chapter  one  hundred  and  sixteen 
of  the  Public  Statutes  is  hereby  amended  by  inserting 
after  the  word  "  no"  in  the  first  line  thereof,  the  words  : 
—  president,  treasurer,  —  so  that  the  section  shall  read  as 
follows:  —  Section  21.  No  president,  treasurer,  member 
of  banks,  or  "be-  of  a  Committee  or  board  of  investment,  or  officer  of  such 

come  surety.  .  t-iii  n    •  •  •        f        ^ 

corporation  charged  with  the  duty  oi  mvestmg  its  tunds, 
shall  borrow  or  use  any  portion  thereof,  be  surety  for 
loans  to  others,  or  in  any  maimer,  directly  or  indirectly, 
be  an  obligor  for  money  borrowed  of  the  corporation ; 
and  if  such  member  or  ofiicer  becomes  the  owner  of  real 
estate  upon  which  a  moilgage  is  held  by  the  corporation, 
his  office  shall  become  vacant  at  the  expiration  of  sixty 
days  thereafter,  unless  he  has  ceased  to  be  the  owner 
thereof,  or  has  caused  said  mortgage  to  be  discharged. 
Only  one  of  the  persons  holding  the  offices  of  president, 
clerk,  and  treasurer  shall  at  the  same  time  be  a  member 
of  the  investing  committee.       Approved  March  22,  "1889. 


Ch(lT>.liG2i  -^N  Act  TO  PROVIDE  for  the  construction  and  maintenance 

OF  A  highway  and  BRIDGE  OVER  THE  TIDE-WATERS  OF  THE 
ACUSHNET  RIVER  BETWEEN  THE  CITY  OF  NEW  BEDFORD  AND  THE 
TOWN    OF    FAIRHAVEN. 

Be  it  enacted,  etc. ,  as  follows : 

lioners  m^"ily       Section  1.     The  couuty  coiiimissioners  of  the  county 
outhighwayaud  of  Bristol  ai'c  hereby  authorized  and  required  to  lay  out, 

bridge  across  -^  ^  '•     i  i  c  j 

Acushnet  river,  coiistruct  or  causc  to  DC  coiistructcd,  a  Suitable,  sate  and 
convenient  highway  and  bridge,  with  suitable  approaches 
thereto,  provided  that  the  expense  of  the  same  shall  not 
exceed  the  sum  of  fifty  thousand  dollars,  over  and  across 
the  Acushnet  river,  commencing  at  some  point  on  the 
west  side  in  the  city  of  New  Bedford,  at  or  near  the 
easterly  terminus  of  Coggeshall  street,  thence  crossing 
said  river  to  some  point  in  Fairhaven  most  practicable, 
on  the  east  side  of  the  river ;  the  operations  for  the  con- 
struction of  said  highway  approaches  and  bridge  to  be 
commenced  as  soon  as  practicable,  and  the  same  to  be 
completed  for  travel  in  at  least  eighteen  months  from  the 


1889.  —  Chapter  162.  895 

passage  of  this  act.  The  operations  under  this  act  to  be 
subject  to  the  provisions  of  chapter  nineteen  of  the  Public 
Statutes  and  of  any  other  laws  which  now  are  or  may 
hereafter  be  in  force  applicable  thereto.  There  shall  be  a  Draw  not  to  be 
convenient  draw  in  said  bridge  not  less  than  forty  feet  feet  wide. 
wide,  and  said  draw  shall  be  widened  at  the  expense  of 
said  city  of  New  Bedford  and  the  town  of  Fairhaven  when- 
ever the  legislature  shall  direct,  and  the  expense  of  such 
widening  shall  be  borne  liy  the  said  city  and  town  as  the 
legislature  may  direct. 

Section  2.  The  said  county  commissioners  are  hereby  May  take  prop- 
authorized  to  take  and  appropriate  for  the  purpose  of  con-  or  corporations. 
structing  said  highway  bridge  and  approaches,  the  private 
property  of  any  person  or  persons  or  corporations,  and 
upon  such  taking  shall,  upon  due  notice  and  hearing, 
estimate  and  award  the  damages  to  the  owner  or  owners 
thereof,  and  shall  file  forthwith  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Bristol  a  descrip- 
tion of  the  property  taken  with  metes  and  bounds,  and 
with  their  appraisal  of  the  damages  by  them  awarded  to 
the   owner   or   owners    of  said   property.      Any   person  Party  aggrieved 

,,,  Tf..i;  ^ .      .  may  apply  for  a 

aggrieved  by  the    award    ot    said    county  commissioners  jury  in  the 
may,  within  one  year  from  the  filing  of  the  description  superior  court. 
aforesaid,  apply  for  a  jury  in  the  superior  court  to  ap- 
praise said  damages  in  the  same  manner  and  subject  to 
the  same  provisions  as  in  case  of  land  taken  for  a  high- 
way. 

Section  3.     Tlie  expense  of  the   construction  of  the  Expense  of  con- 

I,  •ii'i  I'l  1  1  in'j.1        Btruotion  to  be 

atoresaid    highway  bridge    and   approaches   snail,  in  the  first  borne  by 

first  instance,  be  borne  by  the  county    of  Bristol;    and  BdJio"."'^° 

the  commissioners  of  said  county  are  hereby  authorized 

and  directed  to  borrow  on  the  credit  of  said  county  such 

sums  of  money  as  may  from  time  to  time  be  required  for 

the  expenses  of  the  construction  of  the  same.    The  money 

so  borrowed  shall  be  deposited  in  the  county  treasury,  and 

the  county  treasurer  shall  pay  out  the  same  as  ordered  by 

the  said  county  commissioners,  and  said  treasurer  shall 

keep  a  separate  and  accurate  account  of  all  sums  borrowed 

and  expended  under  the  provisions  of  this  act,  including 

interest  paid  on  the  money  borrowed. 

Section    4.     Upon    the    completion    of  the  highway  county  commis- 

,.,  ,  ',  ^  -Til  •  ^  !_  ^        .        sioners  to  file  in 

bridge  and  approaches  atoresaid,  the  said  county  commis-  clerk's  otHce  a 
sioners  shall  file  in  the  oflSce  of  the  clerk  of  the  superior  nfent  of  cost^of 
court  for  the  county  of  Bristol  a  detailed  statement,  certi-  ^"^ge,  etc. 


896 


1889.  — Chapter  162. 


Board  of  three 
commissiouers 
to  be  appointed. 


Report  to  he 
filed  in  otflee  of 
clerk  of  courts 
for  Bristol 
county. 


Espenses 
and  fees. 


Copy  of  report 
and  judgment  to 
be  transmitted 
to  county  com- 
missioners, etc. 


fiecl  under  their  hands,  of  the  cost  of  said  highway  bridge 
and  approaches,  and  the  amount  of  interest  paid  on  money 
borrowed  under  the  provisions  of  this  act.  At  the  term 
of  said  court  in  said  county  next  after  the  filing  of  said 
statement,  upon  the  application  in  writing  of  any  party 
interested,  the  said  court  shall,  upon  such  notice  as  may 
be  deemed  proper,  appoint  a  board  of  three  commis- 
sioners, who,  having  been  first  duly  sworn  to  the  faithful 
and  impartial  discharge  of  their  duties,  shall,  after  due 
notice  to  all  parties  interested  and  a  hearing  thereon, 
determine,  decree  and  name  the  towns  and  cities  in  said 
county  which  are  or  will  be  specially  benefited  by  the 
aforesaid  highway  and  bridge,  and  determine,  award  and 
name  the  proportion  of  the  expense  of  the  construction  of 
the  same  that  shall  be  paid  by  said  cities  and  towns  and 
by  said  county  of  Bristol,  respectively.  Said  commis- 
sioners named  in  this  section  shall  also  determine  and 
name  the  cities  and  towns  by  which  the  expense  of  the 
maintenance  and  repairs  of  said  highway  bridge  draw 
including  approaches,  abutments  and  piers  shall  be  paid, 
and  also  determine  and  name  the  proportion  of  said  ex- 
pense that  shall  be  paid  by  each  of  said  cities  and  towns. 
The  report  of  said  commissioners  named  in  this  section, 
or  of  the  major  part  of  the  same,  shall  be  made  in  writing 
and  filed  in  the  ofiice  of  the  clerk  of  the  superior  court 
for  the  county  of  Bristol,  and  a  copy  of  the  same  certified 
by  said  clerk  shall  be  forthwith  transmitted  to  the  com- 
missioners of  said  count}'^  and  to  each  of  the  several  cities 
and  towns  named  in  said  report ;  and  said  court,  at  the 
term  thereof  next  after  the  filing  of  said  report,  shall, 
unless  sufiicient  cause  is  shown  to  the  contrary,  accept 
and  affirm  said  report  and  enter  judgment  thereon,  and 
the  same  shall  thereupon  be  binding  upon  all  parties 
named  therein.  The  expenses  and  fees  of  the  commis- 
sioners appointed  by  said  court  shall  be  ascertained  and 
determined  by  said  court,  and  paid  by  said  county  of 
Bristol. 

Section  5.  Within  twenty  days  after  the  entry  of  the 
judgment  mentioned  in  the  preceding  section,  the  clerk  of 
said  court  shall  transmit  a  true  and  attested  copy  of  said 
report  and  judgment  thereon  to  the  commissioners  for  the 
county  of  Bristol,  and  a  like  copy  to  the  mayor  of  the 
cities  and  the  selectmen  of  the  towns  mentioned  in  said 
report,  and  each  of  said  cities  and  towns,  liable  under 


1889.  — Chapter  163.  897 

said  decree  and  award  to  contribute  to  the  payment  of 

the  construction  of  said  highway  and  bridge,  shall  pay 

its  proportion  of  said  expense  into  the  treasury  of  said 

county  of  Bristol,  in  such  manner  and  in  such  instalments 

as  the  commissioners  for  said  county  shall  by  a  special 

order  determine  and  direct ;  and  if  any  city  or  town  shall  p^y  p^op^o^tion" 

neglect  or  refuse  to  pay  its  proportion  as  required  by  said  of  expenses, 

V  ,  .,  '^..        ^7.  .1  'It      11        A.        warrants  may 

order,  the  said  commissioners  tor  said  county  shall,  alter  be  issued. 
notice  to  such  city  or  town,  and  unless  sufficient  cause  is 
shown  to  the  contrary,  issue  a  warrant  against  said  city 
or  town  for  the  sum  it  was  ordered  to  pay,  with  interest 
and  the  costs  of  the  notice  and  warrant,  and  the  same 
shall  be  collected  and  paid  into  the  county  treasury,  to  be 
applied  in  payment  of  the  expenses  aforesaid. 

Section  6.     Upon  the  completion  of  said  highway  and  ^""g^upon 
bridge,  the  said  county  commissioners  shall  cause  notice  New  Bedford 
thereof  to  be  served  upon  the  mayor  of  said  city  ot  JNew  uponcompietion 
Bedford  and  the  selectmen  of  the  town  of  Fairhaven,  and  °^'^"'^s®- 
said  notice,  with  the  return  of  the  service  thereof,  shall 
be  filed  in  the  office  of  the  clerk  of  the  superior  court  for 
the  county  of  Bristol,  and  thereafter  the  care  and  superin- 
tendence of  such  parts  of  said  highway,  bridge,  approaches, 
draw,  abutments  and    piers    as  lie  within   the  corporate 
limits  of  the  city  of  New  Bedford  and  the  town  of  Fair- 
haven,  respectively,  shall  devolve  upon  the  officers  of  the 
said  city  and  town  respectively  charged  with  the  duty  of 
the  care  of  highways  and  bridges  therein  ;  and  liability 
for  defects  in  said  highway,  bridge,  draw,  piers  and  abut- 
ments, shall  exist  on  the  part  of  said  city  and  town  for 
the  portions  of  the  same  lying  therein,  respectively,  in 
like  manner  as  for  defects  in  town  ways. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  22,  1889. 


Chap.163 


capital  stock. 


An  Act  to  authorize  the  boston  and  Albany  railroad  com- 
pany TO   INCREASE   ITS  CAPITAL  STOCK. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  Boston  and  Albany  Eailroad  Com-  May  increase  its 
pany  is  hereby  authorized,  —  for  the  purpose  of  paying 
the  bonds  of  said  company  which  mature  on  the  first  day 
of  February,  eighteen  hundred  and  ninety-two,  amounting 
to  five  millions  of  dollars,  and  the  bonds  of  said  company 
which  mature  on  July  first,  eighteen  hundred  and  ninety- 
five,  which  amount  to  two  millions    of  dollars  ;  for  the 


898  1889.  — Chapters  164,  165. 

improvement  of  the  alignment  of  its  road  ;  for  the  con- 
struction of  additional  tracks  ;  for  the  purchase  of  land  ; 
for  the  separation  of  level  crossings  of  highways  and  town 
ways ;  for  the  construction  of  new  stations  and  for  the 
acquirement  of  private  ways, — to  increase  its  capital 
stock,  by  issuing,  in  addition  to  the  amount  of  capital 
stock  already  issued,  an  amount  not  exceeding  ten  millions 
of  dolkirs,  so  that  the  authorized  capital  of  said  Boston 
and  Albany  Railroad  Company  shall  be  thirty  millions  of 
doHars  and  no  more  :  provided,  that  the  first  million  dol- 
lars realized  from  the  sale  of  said  stock  shall  be  expended 
for  the  abolishment  of  ijrade  crossino;s  on  said  road. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajwoved  March  23,  1889. 

Ch(ip.l.Q4:  ^^  ^^'^  PROVIDING  FOU  PRINTING  ADDITIONAL  COPIES  OF  TUE 
REPORT  OF  THE  TRUSTEES  OF  THE  MASSACHUSETTS  AGRICULTURAL 
COLLEGE. 

Be  it  enacted,  etc.,  as  follows: 
Additional  Section  1.     There  shall  be  printed  annually  five  thou- 

to  be  printed,     saud  coplcs  of  the  rcport  of  the  trustees  of  the  Massachu- 
setts Agricultural  College,  thirty-five  hundred  of  which 
shall  be  for  the  use  of  said  college. 
Repeal.  Section  2.     So    much  of  chapter   three  hundred  and 

sixtj^-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five  as  is  inconsistent  with  this  act  is  hereby  re- 
pealed. 

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

Approved  3Iarc7i  23,  1889. 

C/i(?79.165   -^^   ^^^    RELATING    TO    SALE    OF    LANDS    BELONGING   TO    THE   FIRST 
CONGREGATIONAL   PARISH   IN    PETERSHAM. 

Be  it  enacted,  etc.,  as  follows: 
May  sell  real  Section  1.     The  First  Congregational  Parish  in  Pctcrs- 

estate  iu  Peters-  ,  •>•     •  ,  •  ii  -i  i  -j- 

ham.  ham,  a  religious  corporation  duly  organized  and  existing 

under  the  laws  of  the  Commonwealth  at  Petersham  in  the 
county  of  AVorcester,  is  hereby  authorized  and  empowered 
to  sell  and  convey  in  fee  simple,  any  part  or  the  whole  of 
the  real  estate  joining  the  house  lot  of  the  parsonage 
owned  by  it  in  Petersham,  and  a  vote  duly  passed  by  a 
majority  of  the  members  of  said  society  present  and 
voting,  either  in  person  or  by  proxy,  at  any  meeting  of 
said  society  duly  called  for  the  purpose,  shall  be  sufiicient 
authority  for  said  society  to  sell  and  convey  as  aforesaid. 


1889.  — Chapters  166,  167.  899 

Section  2.     The  proceeds  of  sales  received  for  lands  Proceeds  of 
sold  from  time  to  time  shall  be  invested  in  a  fund  called  vL'tetMuthe 
the  parsonage  fund,  the  income  of  which  may  be  expended  P''»''8ou"ge  fund. 
in  repairs,  improvements,  and  in  beautifying  the  house 
and  grounds  of  said  parsonage. 

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

Approved  3Iarch  25,  1889. 


Chap.166 


An  Act  to  authorize  the  city  of  fitchburg  to  issue  bonds, 
notes  ok  scrip  for  the  payment  of  its  general  indebted- 
NESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Fitchburg,  for  the  purpose  of  bomistTtc.,  for 
payino;   and  refundino-  its    jjeneral    indebtedness    already  payment  of  g.n- 

7  ^  ~  o  ^  ^     erai  indebtt'tl- 

incurred  or  authorized  by  said  city,  may  from  time  to  ness. 
time  issue  bonds,  notes  or  scrip  to  an  amount  not  ex- 
ceeding two  hundred  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  previsions  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  sinking 
fund  for  the  payment  thereof  at  maturity. 

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

Approved  March  25,  1889. 


ChaplQl 


An  Act  to  establish  a  board  of  public  works  for  the  city 

OF  new    BEDFORD. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.  A  board  of  public  works  is  hereby  estab-  ^orklfmcu^of 
lished  for  the  city  of  New  Bedford,  as  follows,  viz.  :  —  In  New  Bedford. 
the  month  of  April  in  the  year  eighteen  hundred  and 
eighty-nine,  or  as  soon  thereafter  as  this  act  shall  take 
effect,  the  mayor  of  said  city  shall  appoint,  subject  to 
confirmation  by  the  board  of  aldermen  of  said  city,  three 
persons  to  be  a  board  of  public  works,  to  hold  office  re- 
spectively, one,  two  and  three  years  from  the  first  day  of 
May  in  the  year  eighteen  hundred  and  eighty-nine  and 
until  their  successors  are  appointed,  confirmed  and  quali- 
fied ;  and  thereafter  in  the  month  of  April  in  each  year 
the  mayor  shall  appoint,  subject  to  confirmation  as  afore- 


900 


1889.  —  Chapter  167. 


Vacancies. 


Membpi's  to 
be  sworn. 


Organization. 


said,  one  member  of  said  board  to  serve  for  a  term  of 
three  years  from  the  first  day  of  May  in  the  year  in  which 
he  shall  be  appointed,  and  until  his  successor  is  appointed, 
confirmed  and  qualified ;  but  the  mayor,  with  the  consent 
of  the  board  of  aldermen,  may  at  any  time  remove  any  of 
said  board.  Whenever  any  vacancy  shall  occur  in  said 
board  by  death,  resignation  or  otherwise,  said  vacancy 
shall  be  filled  by  appointment  and  confirmation  in  the 
manner  aforesaid,  of  another  person,  who  shall  hold  ofiice 
for  the  residue  of  the  unexpired  term.  Said  board  shall 
serve  without  compensation.  The  members  thereof  shall 
be  sworn  to  the  faithful  discharge  of  their  duties,  and  a 
record  thereof  be  made  upon  their  journal.  Said  oath 
may  be  administered  by  the  city  clerk  or  any  justice  of 
the  peace. 

Section  2.  Annually,  on  the  first  Monday  of  May, 
said  board  shall  organize  by  the  choice  of  a  chairman  from 
their  own  number,  and  by  the  appointment  of  such  other 
ofiicers,  not  members  thereof,  as  they  may  determine. 
ciefk*'i7borid!  T^i^  city  clerk  shall  l)e  clerk  of  said  board  and  serve  with- 
out extra  compensation,  and  as  clerk  of  said  board  shall 
perform  all  the  duties  now  required  of  city  clerks  in  rela- 
tion to  the  laying  out,  locating  anew,  alteration  or  discon- 
tinuance of  streets,  or  of  altering  or  establishing  the  grade 
thereof,  or  of  laying,  making  and  maintaining  main  drains, 
common  sewers  and  sidewalks,  or  any  other  matters 
placed  by  this  act  under  the  control  of  said  board,  and 
shall  keep  a  record  of  the  doings  of  said  board. 

Section  3.  All  the  duties,  powers  and  authority  in 
relation  to  the  laying  out,  locating  anew,  alteration  or 
discontinuance  of  streets  or  ways,  or  of  altering  or  estab- 
lishing the  grade  thereof;  of  laying,  making  and  main- 
taining main  drains,  common  sewers  and  sidewalks  and 
keeping  the  streets  and  ways  in  repair,  now  by  law  vested 
in  the  city  council  of  the  city  of  Xew  Bedford  or  either 
branch  thereof,  or  the  mayor  and  aldermen  as  surveyors 
of  highways,  or  otherwise,  are  hereby  vested  in  and  shall 
be  exclusively  exercised  by  said  board  of  public  works  ; 
and  all  the  rights,  powers  and  duties  of  said  city  council 
of  the  city  of  New  Bedford  or  either  branch  thereof,  as 
public  oflacers  or  otherwise,  in  relation  to  the  streets, 
ways,  sewers,  drains,  public  parks,  commons  and  public 
squares  in  said  city  of  New  Bedford,  are  hereby  trans- 
ferred to  and  exclusively  vested  in  said  board. 


Powers  and 
duties. 


1889.  — Chapter  168.  901 

Section  4.     Said   board,  in    relation   to   the  powers,  Power  to  make 
duties  and  authority  by  this  act  conferred  upon  it,  shall  toappoinr"' 
have  the  same  authority  heretofore  vesting  in  the  mayor  employees. 
and  aldermen  of  said  city  to  make  contracts  in  behalf  of 
and  binding  upon   the  city ;    to  appoint,  subject   to  the 
provisions  of  chapter  three  hundred  and  twenty  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four  and  any 
acts  in   amendment  thereof,  its  employees,  define   their 
duties  and  fix  their  compensation;  and,  in  general,  to  do 
all   things    necessary  to  a  proper   performance    of  their 
duties. 

Section  5.     Said  board  shall  have  authority  to  procure  to  have  suitable 
suitable  offices  for  its  own  use;  and  all  plans  of  streets,  plans  are  to  be 
main  drains,  common  sewers,  parks,  squares  and  public  ^'®'^" 
places,    electric,    telephone,    telegraph    poles    and    other 
structures  in  the  streets,  heretofore  required  by  law  to  be 
filed,  and  now  on  file  in  the  city  clerk's  office,  shall  be 
placed  on  file  in  the  office  of  said  board,  and  all    such 
plans  hereafter  made  shall  be  filed  in  the  office  of  said 
board. 

Section  6.     In    case    said   city  shall   accept  the  pro-  commisgioners 
visions  of  chapter  one  hundred  and  fifty-four  of  the  acts  8ion"ofT882, 
of  the  year  eighteen  hundred  and  eighty-two  and  acts  in  ^^'*' 
amendment  thereof,  said  board  shall  constitute  the  com- 
missioners therein  provided  for. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1889. 

An  Act  to  change  the  name  of  the  unionville  evangelical  (7^^79.168 

SOCIETY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  name  of  the  Unionville  Evangelical  Name  changed. 
Society  is  hereby  changed  to  the  First  Parish  in  Ashland. 

Section  2.  All  acts,  doings  and  conveyances  of  said  fnd*^°de'^ud. 
society  heretofore  done  or  made  under  the  name  of  the 
First  Parish  in  Ashland  are  hereby  confirmed  and  made 
valid  and  effectual  to  the  same  extent  as  though  the  same 
had  been  done  or  made  under  the  name  of  the  Unionville 
Evangelical  Society. 

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

Approved  March  28,  1889. 


902  1889.  — Chapters  169,  170,  171. 


ChapAGQ  ^N     -'^CT     IN    RELATION     TO      THE     INSPECTION     OF     GAS     AND     GAS 

METERS. 

Be  it  enacted,  etc.,  as  follows: 

gas  meters.''^  Section  1.     Section    0116  of  chapter  sixty-one  of  the 

Public  Statutes  is  hereby  amended  so  as  to  read  as  fol- 
lows : —  Section  1.  There  shall  be  an  inspector  and  an 
assistant  inspector  of  gas  meters  and  of  illuminating  gas, 
appointed  by  the  governor  with  the  advice  and  consent  of 
the  council,  and  who  shall  be  sworn  to  the  faithful  dis- 
charge of  their  duties.  Unless  sooner  removed  therefrom 
as  herein  provided,  the  inspector  shall  hold  office  for  three 
years  from  the  time  of  his  appointment  and  until  the 
appointment  and  qualification  of  his  successor,  and  the 
assistant  inspector  shall  hold  office  for  three  years  from 
the  time  of  his  appointment  and  until  the  appointment 
and  qualification  of  his  successor ;  but  either  or  both  of 
said  officers  may  be  removed  from  office  by  the  governor 
and  council  at  their  pleasure. 

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

Approved  March  28, 1889. 

Chctp.VIO  -^N  Act  to  provide  for  the  appointment  of  a  third  assist- 
ant CLERK  OF  THE  MUNICIPAL  COURT  OF  THE  CITV  OF  BOSTON 
FOR  CIVIL  BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

IilrktThe^^''^  Section  1.  There  shall  be  appointed,  in  the  manner 
appointed.  provided  by  law  for  the  appointment  of  assistant  clerks 
of  the  municipal  court  of  the  city  of  Boston,  a  third 
assistant  clerk  of  said  court,  for  civil  business,  who  shall 
receive  from  the  county  of  Suffolk  an  annual  salary  of  one 
thousand  dollars. 

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

Approved  March  28,  1889. 

(JJiap.VlX  ^^  ^^"^  "^O   INCORPORATE   THE   FROTHINGHAM   BUILDINGS. 

Be  it  enacted,  etc.,  as  folloivs: 

BundinSr  Section  1.     Octavius  B.  Frothingham,  Edward  Froth- 

incorporated.  inghaiii,  EllcH  Frothiugham,  their  associates  and  succes- 
sors, are  hereby  made  a  corporation  by  the  name  of 
Frothingham  Buildings,  for  the  purpose  of  holding, 
managing,  improving  and  leasing  the  real  estate  in  the 
city  of  Boston  on  Washington  street    belonging   to   the 


1889.  —  Chapter  172.  903 

heirs  of  Anne  G.  Frotliingham,  deceased,  and  such  other 
real  estate  adjoining  or  near  to  said  real  estate  of  the 
heirs  of  Anne  G.  Frothingham  and  lying  within  the 
district  bounded  by  Washington,  Bedford  and  Chauncy 
streets  and  Norfolk  place  and  Exeter  place,  as  they  may 
hereafter  purchase,  and  of  performing  all  other  legal  acts 
which  may  be  necessary  for  accomplishing  such  objects  ; 
with  all  the  powers  and  privileges  and  subject  to  the 
duties,  liabilities  and  conditions  set  forth  in  all  general 
laws  which  now  are  or  hereafter  may  be  in  force  appli- 
cable to  such  corporations. 

Section  2.     Said  corporation   may  sell    or   mortgage  Mayseiior 
any  portion  or  the  whole  of  any  real  estate  which  it  is  TBtltir^''  "^^^ 
allowed  by  this  act  to  hold. 

Section  3.  The  capital  stock  of  said  corporation  shall  ^^^g^irer^ 
not  exceed  two  million  dollars.  The  shares  shall  be  of 
the  par  value  of  one  hundred  dollars  each,  and  no  share 
shall  be  issued  except  for  cash  actually  paid  in  or  property 
actually  conveyed,  and  the  value  of  such  property  shall 
be  determined  by  the  commissioner  of  corporations. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1889. 

An  Act   to  enable  the  city  op  lynn  fok   the  purpose    of  n],pq-^  172 

BUILDING   DRAINS   AND   SEWERS   TO   INCUR   INDEBTEDNESS    BEYOND  ^ 

THE   LIMIT   FIXED    BY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   city  of  Lynn,    for  the   purpose   of  ^'^'ty  »"<="'■  i°- 
buildmg   drains    and  sewers,  m    addition  to  the  amount  beyond  the  ipgai 
provided  by  chapter  eighty-four  of  the  acts  of  the  year  in^'dVaius  aud 
eighteen  hundred  and  eighty-seven,  may  incur  indebted-  *^'^®''^- 
ness  to  an  amount  not  exceeding  one  hundred  thousand 
dollars  beyond  the  limit  of  indebtedness  fixed  by  law  for 
said  city,  and  may  from  time  to  time  issue  bonds,  notes 
or  scrip  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  estab- 
lishment of  a  sinking   fund   for  the  payment  thereof  at 
maturity. 

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

Approved  March  28,  1889. 


904  1889.  — Chapters  173,  174,  175. 


CJlCtp.VIS  -A^N   Act   in   relation    to    the    drawing    and    summoning   of 

JURORS  IN  THE  SUPREME  JUDICIAL  COURT  FOR  THE  COUNTY  OF 
BARNSTABLE. 

Be  it  enacted,  etc.,  as  foUoivs: 

drlwing  jurors        SECTION  1.     No  veiiires  sliall  be  issued  for  the  draw- 
not  to  be  issued  ino;  and  summonino:  of  lurors  for  the  sittino;  of  the  supreme 

unless  a  sun  IS      .*-■,..,  j    r»        ^i  /»  t->  i  i  i  i 

fortriai  by  jury,  judicial  coui't  lor  the  county  01  Barnstable  unless,  at  the 
time  now  provided  by  law  for  the  issuing  of  venires  for 
the  drawing  and  summoning  of  jurors  for  the  sitting  of 
said  court  in  said  county,  there  shall  be  for  trial  some 
suit  in  which  a  trial  by  jury  has  been  requested  by  one  of 
the  parties  thereto,  or  which  is  of  such  a  character  that  it 
must  be  tried  by  a  jury. 

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

Approved  March  28,  1889. 

Chci7).VJ4t  ^^  -^^^  "^^  ESTABLISH  THE  SALARY  OF  THE  CONSTABLES  OF  THE 
MUNICIPAL  COURT  OF  THE  ROXBURY  DISTRICT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

con^Mel  SECTION  1.     The  Salary  of  the  coustablcs  of  the  munic- 

ipal court  of  the  Eoxbury  district  of  the  city  of  Boston 
shall  be  twelve  hundred  dollars  a  year,  to  be  so  allowed 
from  the  first  day  of  March  in  the .  year  eighteen  hundred 
and  eighty-nine. 

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

Approved  March  28,  1889. 

Ch(lV-VI5  -^^    -^^^     "^^     AUTHORIZE    WILLIS    T.    EMERY,    ORSAMUS     NUTE     AND 
HENRY   O.    NUTE   TO    DRIVE   PILES   IN   CHARLES   RIVER. 

Be  it  enacted,  etc. ,  as  follows : 

Khirils^"^"       Section    1.     Willis   T.    Emery,    Orsamus   Nute    and 

River.  Hemy  O.  Nute  are   hereby  authorized   to  drive   twelve 

piles   on  the   northerly  side   of  the  sea   wall  in  Charles 

river,  at  the  foot  of  Hereford  street  in  the  city  of  Boston 

or  within  a   distance  of  three  hundred   feet   easterly  or 

westerly  of  the    foot  of  said   Hereford    street,    in   said 

Charles  river,  for  the  support  of  a  water  tank  :  provided, 

provafof  harbor  ^^oivevcv,  that  the  locatiou  of  said  piles  shall  be  approved 

and  land  com-     by  the  boai'd  of  liarbor  and  land  commissioners,  and  they 

shall   be   removed   by   said   Willis   T.  Emery,  Orsamus 

Nute  and  Henry  O.  Nute,  or  their  successors  or  assigns, 


1889.  — Chapters  176,  177.  905 

at  any  time  on  the  order  of  said  board ;  and  provided,  ^'o^'sos. 
further,  that  the  said  Willis  T.  Emery,  Orsamus  Nute 
and  Henry  O.  Nute,  or  their  successors  or  assigns,  shall 
pay  into  the  compensation  fund  established  by  the  fourth 
section  of  chapter  one  hundred  and  forty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-six,  the  sum  of 
seventy-five  dollars  on  the  first  day  of  July  in  each  and 
every  year  during  the  continuance  of  the  structure,  and 
provided,  further,  that  if  the  said  Willis  T.  Emery, 
Orsamus  Nute  and  Henry  O.  Nute,  or  their  successors  or 
assigns,  shall  fiiil  to  remove  the  said  piles  and  structure 
on  the  order  of  the  board  of  harlior  and  land  commis-  "> 

sioners,  the  same  may  be  removed  by  said  board,  and  the 
said  Willis  T.  Emery,  Orsamus  Nute  and  Henry  O.  Nute, 
or  their  successors  or  assigns,  shall  be  liable  to  the  Com- 
monwealth for  the  expense  of  such  removal. 

Section  2.     Said   water  tank   shall  not  be  placed  on  subject  to 
said  piles  until  authorized  by  the  board  of  aldermen  of  boaid"'/akier. 
the  city  of  Boston,  and  the  same  shall  be  removed  when  ™'^"' 
ordered  by  them. 

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

Approved  March  28,  1889. 

An  Act  to  extend  tqe  time  of  exemption  of  the  city  of  r'JifjYi  '\7(\ 

BROCKTON   from    THE    OPERATION   OF   SECTION    ONE    OF   CHAPTER  ^' 

THREE  HUNDRED  AND  TWELVE  5f  THE  ACTS  OF  THE  YEAR 
EIGHTEEN  HUNDRED  AND  EIGHTY-FIVE  RELATIVE  TO  THE  LIMIT 
OF   MUNICIPAL    DEBT   OF   AND    THE    RATE   OF    TAXATION   IN  CITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Brockton  shall  be  exempted  ^.q^^^^^P-^^ 
from  the  operation  of  section  one  of  chapter  three  hun-  of  isss.  312,  §i, 
dred  and  twelve  of  the  acts  of  the  year  eighteen  hundred  isgi.  '"'  ' 
and  eighty-five  until  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-one. 

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

Approved  March  28,  1889. 


An  Act  to  establish  the  salary  of  the  secretary  of  the 
CIVIL  service  commission. 


Chap.lT. 


Be  it  enacted,  etc.,  as  follows. 


Section  1.     The   salary  of  the  secretary  of  the  civil  Salary 


of  secretary 


service  commission  shall  be  tw^o  thousand  dollars  a  year,  estabiiBbed' 
to  be  so  allowed  from  the  first  day  of  January  in  the  year 


906  1889.  — Chapters  178,  179,  180. 

eighteen  hundred  and  eighty-nine,  and  at  the  same  rate 
for  any  portion  of  a  year. 

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

A2Woved  March  28,  18S9. 

ChapJllS  An  Act  to  amend  an  act  relating  to  the  appointment  of 

SUPERINTENDENTS    OF  STREETS   IN   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

!?et7ieu"n'°''  Section  1.  Section  six  of  chapter  ninety-eight  of  the 
towns.  acts   of  the   year   eighteen   hundred    and    eighty-nine  is 

hereby  amended  by  inserting  after  the  word  "sections" 
the  word  :  —  seventy-four,  —  and  by  inserting  after  the 
word  "  seventy-six  "  the  word  :  —  and,  — and  by  striking 
out  after  the  word  "  seventy-seven"  the  words  "  and  sev- 
enty-eight ",  so  as  to  read  as  follows  :  —  Section  6.  Any 
town  which  has  accepted  or  shall  hereafter  accept  the  pro- 
visions of  chapter  one  hundred  and  fifty-eight  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-one  or  of  sec- 
tions seventy-four,  seventy-five,  seventy-six  and  seventy- 
seven  of  chapter  twenty-seven  of  the  Public  Statutes 
shall  be  exempt  from  the  provisions  of  this  act,  until  such 
acceptance  is  revoked  by  such  town. 

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

Approved  March  29,  1889. 

njia'n.VJQ  An  Act  to  repeal  an  act  to  preserve  the  eel  fisheries  in 

HERRING    RIVER    AND   ITS    TRIBUTARIES   IN   THE    TOWN    OP    WELL- 
FLEET. 

Be  it  enacted,  etc.,  as  follows: 
Eel  fisheries  in        Section  1 .     Chapter  fortv-two  of  the  acts  of  the  year 

Hernng  river  in  i  ''  ,  '' 

weiifleet.  eighteen  hundred  and  seventy -seven,  being  an  act  to  pre- 

serve the  eel  fisheries  in  Herring  river  and  its  tributaries 
in  the  town  of  Weiifleet,  is  hereby  repealed. 

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

Approved  March  29,  1889. 

ChaV.lSO  An  Act  relating  to  the    bonds  of    treasurers    of  savings 

BANKS    AND    INSTITUTIONS    FOR   SAVINGS. 

Be  it  enacted,  etc.,  as  follows; 
Treasurer  to  SECTION  1.     Scctiou  fourteen  of  cliaptcr  one  hundred 

give  bond  and  ,  t>    ,->         -r»ii«ojjj  -ii  ii 

file  copy  Willi  and  sixteen  ot  the  Public  Statutes  is  hereby  amended  so 
of'savings"'^"  as  I'ead  as  follows  :  —  Section  14.  The  treasurer  shall 
b.anks.  gj^g  bond  for  the  faithful  discharge  of  his  duties  to  the 


1889.  —  Chapter  181.  907 

satisfaction  of  the  trustees,  and  shall  file  with  the  com- 
missioners of  savings  banks  an  attested  copy  of  his  bond, 
with  a  certificate  of  the  custodian  of  the  bond  that  the 
original  is  in  his  possession.     The  treasurer  shall  notify  Treasurer  to 
said  commissioners  of  any  change  thereafter  made  therein,  missioners  of 
If  a  treasurer  fails  within  ten  days  from  the  date  thereof  m'fde!""'^^ 
to  file  a  copy  of  his  bond,  or  to  notify  the  commissioners 
of  any  change  therein  as  required  by  this  act,  he  shall  be 
liable  to  a  penalty  of  fifty  dollars.     The  commissioners 
shall  keep  a  record  showing  when  said  bonds  expire  and 
the  changes  so  notified,  and,  whenever  in  their  judgment 
it  is  necessary  for   the  security  of  the  depositors,  shall 
require  a  new  bond  in  such  amount  and  with  such  sureties 
as  they  may  approve. 

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

Approved  March  29,  1889. 

An  Act  to  incorporate  the  national    home   building  com-  (JJiqjj  ^81 

PANY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Frank    M.    Ames,    Samuel    N.    Brown,  National  Home 
Richard  C.  Humphreys,  William  Atherton,  Robert  Treat  pa"nvjlfcor- 
Paine  and  William  P.  Fowler,  their  associates  and  sue-  p"""*'^^- 
cessors,  are  hereby  made  a  corporation  by  the  name  of 
the  National  Home  Building  Company,  for  the  purposes 
hereinafter  set  forth  ;  said  corporation  to  have  its  place  of 
business  in  the  city  of  Boston. 

Section  2.  The  capital  stock  of  such  company  shall  a^^g^lirer'^ 
not  exceed  two  hundred  and  fifty  thousand  dollars,  and 
shall  be  divided  into  shares  of  the  par  value  of  twenty- 
five  dollars  each,  to  be  paid  in  at  such  times  and  in  such 
manner  as  the  board  of  directors  may  decide  :  provided, 
that  said  corporation  shall  not  begin  the  transaction  of 
business  until  capital  stock  to  the  amount  of  fifty  thousand 
dollars  shall  be  subscribed  for  and  paid  in,  in  cash,  to  the 
satisfaction  of  the  commissioner  of  corporations  of  this 
Commonwealth,  and  no  issue  of  stock  shall  be  made  to 
an  amount  greater  than  the  stock  paid  in. 

Section  3.     The  said  corporation  may  purchase,  hold  J|Jff,.,^,°e'',4"'^ 
and    improve    real    estate ;  may    contract    for   and    build  estate. 
dwelling-houses  and  other  buildings  ;  and  sell,  lease  and 
convey  the  same  for  cash  or  on  credit ;  may  sell  houses  May  seii  houses 
for  homes  for  working   people    and  others   of  moderate  inBtaiments?"^ '° 
means,  to  be  paid  for  in  monthly  or  other  instalments, 


908 


1889.  — Chapter  182. 


Liability  of 
sbareholdei'B. 


To  make  ceitift- 
cateand  returns, 
auuually,  to  the 
secretary  of  the 
Comraouwealth. 


Shares  to  be 
irauBferable. 


and  secure  the  payment  of  such  instahnents  in  any  way 
agreed  upon  with  the  purchaser ;  may  give  and  receive 
mortgages  and  notes  secured  thereby,  and  may  sell  and 
dispose  thereof. 

Section  4.  The  shareholders  of  said  corporation  shall 
be  held  individually  liable  in  the  same  manner  and  to  the 
same  extent  and  not  otherwise  as  stockholders  of  manu- 
facturing corporations  are  or  may  be  held  liable  by  the 
laws  of  this  Commonwealth.  The  provisions  contained 
in  sections  sixty-two  to  seventy-one,  inclusive,  of  chapter 
one  hundred  and  six  of  the  Public  Statutes,  shall  apply 
to  and  regulate  the  enforcement  of  this  liability. 

Section  5.  The  said  company  shall  annually  make 
certificate  and  returns  to  the  office  of  the  secretary  of  the 
Commonwealth  in  the  manner  provided  in  section  fifty- 
four  of  said  chapter  one  hundred  and  six  of  the  Pul)lic 
Stai,ates,  the  form  of  which  return  shall  be  subject  to  the 
approval  of  the  commissioner  of  corporations,  as  therein 
provided.  The  said  commissioner  of  corporations  shall 
have  access  to  the  vaults,  books  and  papers  of  said  cor- 
poration, and  shall  have  the  right  to  examine  and  inquire 
into  its  affairs,  and  to  take  proceedings  in  regard  to  them 
at  such  times  as  he  shall  deem  necessary. 

Section  6.  The  shares  of  the  capital  stock  of  said 
corporation  shall  be  assignable  and  transferable  according 
to  such  rules  and  regulations  as  the  stockholders  shall  for 
that  purpose  ordain  and  establish,  and  not  otherwise. 

Section  7.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  March  29,  1889. 


ChctV.lS2i  -^N   -^^'^   FIXING   THE  TIMES   FOR   HOLDING   PROBATE   COURTS   IN  THE 

COUNTY   OF   MIDDLESEX. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Probate  courts  shall  be  held  in  each  year, 
for  the  county  of  Middlesex,  at  Cambridge  on  the  first, 
second  and  fourth  Tuesdays,  and  at  Lowell  on  the  third 
Tuesday  of  every  month,  except  August. 

Section  2.  So  much  of  section  forty-eight  of  chapter 
one  hundred  and  fifty-six  of  the  Public  Statutes  as  is 
inconsistent  herewith  is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  May  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  March  29,  1889. 


Courts  at  Cam- 
bridge aud 
Lowell. 


Repeal. 


To  take  effect 
May  :,  1889. 


1889.  —  Chapteks  183,  184.  909 


An  Act  to  amend  an  act  to  improve  the  civil  service  of  QJian.lSS 

THE   commonwealth   AND   THE   CITIES    THEREOF. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Section  seventeen  of  chapter  three  hun-  cmi  service. 
dred  and  twenty  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four  is  hereby  amended  by  inserting  after  the 
word  "  facts  "  in  the  third  line  of  said  section  the  words  : 
—  under  oath,  —  so  that  as  amended  said  section  shall 
read  as  follows:  —  Section  17.  Every  application,  in  Applicants  for 
order  to  entitle  the  applicant  to  appear  for  examination 
or  to  be  examined,  must  state  the  facts  under  oath  on  the 
following  subjects:  1.  Full  name,  residence,  and  post 
office  address.  2.  Citizenship.  3.  Age.  4.  Place 
of  birth.  5.  Health  and  physical  capacity  for  the  pub- 
lic service.  6.  Eight  of  preference  by  reason  of  military 
or  naval  service.  7.  Previous  employment  in  the  public 
service.  8.  Business  or  employment  and  residence  for 
the  previous  five  years.  9.  Education.  Such  other 
information  shall  be  furnished  as  may  reasonably  be 
required  touching  the  applicant's  fitness  for  the  public 
service. 

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

Approved  March  29,  1889. 

An    Act   to    enable  the  city  of  fitchblrg  to  issue  bonds,  (JJinj)  184 

NOTES    OK    scrip    FOR    THE    PAYMENT    OF    ITS   WATER    INDEBTED- 

NESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Fitchburg,  for  the  purpose  of  KrudS**' 
paying  and  refunding  its  water  indebtedness  already  in-  ^^^^^  indebted- 
curred  or  authorized  by  said  city,  may  from  time  to  time 
issue  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
one  hundred  thousand  dollars,  payable  in  periods  not 
exceeding  ten  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  3^ear  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  sinking  fund 
for  the  payment  thereof  at  maturity. 

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

Approved  March  29,  1889. 


910  1889.  — Chapters  185,  186,  187. 


ChCCp.\S5   -^^     ^^"^     '^*^     PROVIDE    FOR     THE     DISPOSITION     OF     LEGACIES     BE- 
QUEATHED   TO   MINORS   WHO   HAVE  NO   LEGAL    GUARDIAN. 

Be  it  enacted,  etc.,  as  follows: 

Si^erb'e""^         SECTION  1.     Whenever  a  person  named  as  a  legatee, 
mino'i^^wlo        under  the  provisions  of  a  will  duly  proved  in  the  probate 
have  no  legal      court,  is  iindcr  tlie  age  of  twenty-one  years  and  has  no 
legal  guardian,  the  court  may,  on  being  satisfied  of  said 
fact,  direct  that  the  legacy  due  to  such  person   be  de- 
posited or   invested  in  the    manner   set  forth  in  section 
sixteen    of  chapter  one    hundred  and    forty-four   of  the 
Public  Statutes  and  subject  to  the  provisions  thereof. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1889. 

Chap.^SG  ^^    ^^'^    RELATIVE    TO    THE    SALE    OF    INTOXICATING     LIQUORS    ON 

DAYS   OF   SPECIAL  ELECTIONS   IN   CITIES. 

Be  it  enacted,  etc. ,  as  follows : 

catfng^iiquors         Section  1.     The   provisious  of  chapter   two  hundred 
on  dfTys  of         and  sixteen  of  the  acts  of  the  year  eio;hteen  hundred  and 

special  elections      •    ■>  .       n  I'l--  i  t         f   •  •       j  •         t 

in  cities.  eighty-tve,  prohibiting  the  sale  ot  intoxicating  liquors  on 

election  days,  shall  not  apply,  in  cases  of  special  elections 
in  cities,  to  wards  in  which  no  election  is  held. 

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

Approved  March  29,  1889. 

ChClp.^Sl  ^^  ■^^'^  '^^  AUTHORIZE  THE  WILLIAMSTOWN  WATER  COMPANY  TO 
TAKE  BY  PURCHASE  OR  OTHERWISE  THE  FRANCHISE  AND  PROP- 
ERTY  OF  THE   WILLIAMS   AQUEDUCT   COMPANY." 

Be  it  enacted,  etc.,  as  follows: 

watercomprny      Section    1.     The    Williamstowu    Water   Company   is 
may  purchase     hercbv  authorfzed  to  take  by  purchase  or  otherwise  the 

irfincliisG   otc.  v     l 

of  the  Williams  fraiicliise,  corporatc  property,  easements  and  all  the  rights 
Complny.  and    privileges    of  the    Williams     Aqueduct    Company, 

organized  under  chapter  forty  of  the  Revised  Statutes  in 
the  year  eighteen  hundred  and  sixty,  at  a  price  which 
may  be  mutually  agreed  upon  between  said  water  com- 
pany and  said  aqueduct  company ;  and  said  aqueduct 
company  is  authorized  and  empowered  to  make  sale  of 
the  same  to  said  water  company. 

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

Approved  March  29,  1889. 


1889.  — Chapter  188.  911 


An  Act  in  aduition  to  an  act  making    appropriations  for  (JJiqj)  ]gg 

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  Appropiiutious. 
appropriated,  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 
\yit :  — 

For  the    salary  of  the  auditor  of  the  Commonwealth,  Au<iitor  of  the 

•^  1     11  I'll!  Commouwealth, 

the  sum  of  five  hundred  dollars,  as  authorized  by  chapter  salary. 
seventy  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   second    clerk   of  the  commis-  commiBsioners 
sioners  of  savings  banks,  the  sum  of  three  hundred  dol-  bankI!°lcond 
lars,  as  authorized  by  chapter  seventy-seven  of  the  acts  '^'^'''^* 
of  the  present  year,  being  in  addition  to  the  nine  hundred 
dollars   appropriated  by  chapter  four  of  the  acts  of  the 
present  year. 

For  extra  clerical  assistance  in  the  department  of  the  secretary  of 

.  i>  J.1        /^  lAl  i.  T  Commonwealth, 

secretary  ot  the  Commonwealth,  a  sum  not  exceeding  one  clerical  assist- 
thousand  dollars,  as  authorized  by  chapter  one  hundred  ''"°^* 
and  one  of  the  acts  of  the  present  year,  being  in  addition 
to  the  eleven  thousand   dollars  appropriated  by  chapter 
four  of  the  acts  of  the  present  year. 

For  the  further  protection,  preservation  and  propaga-  Protection  of 
tion  of  lobsters,  a  sum  not  exceeding  two  thousand  dol- 
lars, as  authorized  by  chapter  one  hundred  and  nine  of 
the  acts  of  the  present  year. 

For  travelling  and  incidental  expenses  ot  the  gas  com-  Gas  commis- 

•  J.  T  ^1  J     1    II  sioners,  ex- 

missioners,  a  sum  not  exceeding  one  thousand  dollars.         penses. 

For  furnishing  ballots  sent  to  tow^n  clerks  in  the  year  Baiiotsfur- 
eighteen  hundred  and  eighty-eight,  provided  for  by  chap-  clerks. 
ter  four  hundred  and  thirty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight,  the  sum  of  one  hun- 
dred and  fifty-five  dollars  and  thirty-nine  cents  ;  and  for 
furnishing  ballots  for  the  present  year  for  the.  same  pur- 
pose, as  well  as  for  taking  the  vote  on  the  amendment  to 
the  constitution  in  regard  to  the  manufacture  and  sale  of 
intoxicating  liquors  as  a  beverage,  a  sum  not  exceeding 
fifteen  hundred  dollars. 


912 


1889.  —  Chapter  188. 


Charles  D. 
Jenkins. 


MassachuBetle 

Agricultural 

College. 


Report  of  rail 
road  comruis- 
aioners. 


Profedinn  of 
town  of  Had!ey. 


Report  of  board 
of  registration 
in  dentistry. 


Eye  and  ear 
infirmary. 


George  White. 


William 
Cogswell. 


Agent  to  care 
for  property  ac- 
quired for  use 
of  state. 


Report  of  state 
board  of  health 
on  sewerage, 
etc. 


George  W. 
Warren. 


For  Charles  D.  Jenkins,  the  sum  of  eighty-four  dollars 
and  forty-six  cents,  as  authorized  by  chapter  eleven  of  the 
resolves  of  the  present  year. 

For  the  Massachusetts  agricultural  college,  the  sum  of 
ten  thousand  dollars,  as  authorized  by  chapter  twelve  of 
the  resolves  of  the  present  year. 

For  printing  an  additional  number  of  copies  of  the 
report  of  the  railroad  commissioners,  a  sum  not  exceeding 
one  thousand  dollars,  as  authorized  by  chapter  thirteen 
of  the  resolves  of  the  present  year. 

For  the  further  protection  of  the  town  of  Hadley  against 
the  encroachments  of  the  Connecticut  river  upon  said 
town,  a  sum  not  exceeding  fifteen  thousand  dollars,  as 
authorized  by  chapter  seventeen  of  the  resolves  of  the 
present  year. 

For  printing  extra  copies  of  the  report  of  the  board  of 
registration  in  dentistry,  a  sum  not  exceeding  two  hun- 
dred dollars,  as  authorized  by  chapter  eighteen  of  the 
resolves  of  the  present  year. 

For  the  Massachusetts  charitable  eye  and  ear  infirmary, 
the  sum  of  fifteen  thousand  dollars,  as  authorized  by 
chapter  twenty-four  of  the  resolves  of  the  present  year. 

For  George  White,  the  sum  of  eight  hundred  and 
thirty-seven  dollars  and  thirty-six  cents,  as  authorized 
by  chapter  twenty-five  of  the  resolves  of  the  present 
year. 

For  the  payment  of  certain  bills  incurred  by  William 
Cogswell,  M.D.  for  medical  examinations  and  inquests, 
the  sum  of  two  hundred  and  fifteen  dollars  and  ten  cents, 
as  authorized  by  chapter  twenty-seven  of  the  resolves  of 
the  present  year. 

For  compensation  and  expenses  of  an  agent  to  care  for 
the  property  acquired  by  the  Commonwealth  for  the 
better  accommodation  of  the  state  government,  a  sum  not 
exceeding  one  thousand  dollars,  as  authorized  by  chapter 
thirty-two  of  the  resolves  of  the  present  year. 

For  printing  two  thousand  extra  copies  of  the  report 
of  the  state  board  of  health  on  the  sewerage  of  the  Mystic 
and  Charles  river  valleys,  a  sum  not  exceeding  thirteen 
hundred  dollars,  as  authorized  by  chapter  thirty-three  of 
the  resolves  of  the  present  year. 

For  George  W.  Warren,  the  sum  of  three  hundred  and 
fifty-seven  dollars,  as  authorized  by  chapter  thii"ty-six  of 
the  resolves  of  the  present  year. 


1889.  —  Chapters  189,  190.  913 

For  Abby  P.  Choate,  the  sum  of  sixteen  hundred  and  Abbyr.choate. 
forty-six  dollars  and  fifty  cents,  as  authorized  by  chapter 
thirty-seven  of  the  resolves  of  the  present  year. 

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

Approved  March  29,  1889. 


ChapAm 


An  Act  making  appropriations  for  the  commonwealth's 
flats  improvement  fund  and  for  the  prison  and  hospital 
loan  sinking  fund. 

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 
herein  specified,  to  wit :  — 

For  the  Commonwealth's  flats  improvement  fund,  for  common. 
the  purpose  of  improving   the   Commonwealth's  flats  at  south  Boston. 
South  Boston,  as  authorized  by  chapter  ninety-three  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-nine,  a 
sum  not  exceeding  seventy-five  thousand  dollars. 

For   the   prison   and    hospital   loan    sinking   fund,    as  P"8on  and  hos- 

T)ltBl  10<\Q  sink* 

authorized  by  section  thirty-six  of  chapter  two  hundred  ingfund. 
and  fifty-five  of  the  acts   of  the  year  eighteen  hundred 
and  eighty-four,  the  sum  of  sixty  thousand  dollars. 
Section  2.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  29,  1889. 


Chap.190 


An  Act  to  authorize  a  loan  for  the  construction  of  a  pub- 
lic PARK  IN    BROOKLINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     For  the  purpose  of  defraying  the  cost  and  Loan  authorized 
expenses  of  constructing  Muddy  river  or  Eiverdale  park,  park  in  Brook- 
so  called,  in  Brookline,  in  connection  with  the  sanitary 
improvement  of  Muddy  river,  the  town  of  Brookline,  by 
a  vote  passed  in  the  manner  provided  by  section  seven  of 
chapter  twenty-nine  of  the  Public  Statutes,  may  author- 
ize its  treasurer  to  issue  from  time  to  time,  when  directed 
by  the  park  commissioners  of  said  town,  negotiable  bonds 
or  certificates  of  indebtedness  to  the  amount  of  one  hun- 
dred and  fifty  thousand  dollars,  payable  in  not  exceeding 
twenty  years  from  their  date  and  bearing  interest  at  a  rate 
not  exceeding  four  per  centum  per  annum,  to  be  denomi- 
nated on  the  face  thereof,  Brookline  Park  Construction  Brookline  Park 
Loan  ;  said  bonds  or  certificates  shall  not  be  valid  unless  Eoan""''""" 


914  1889.  —  Chapter  1 91 . 

countersigned  by  a  majority  at  least  of  the  board  of  select- 
men of  said  town. 
p'^8^29tolppiy       Section  2.     The  provisions  of   said   chapter   twenty- 
nine  of  the    Public    Statutes,  as  far  as    applicable,    and 
except  so  far  as  herein  modified,  shall  apply  to  said  loans  : 
Sinking  fund,    pvovided,  that  Instead  of  establishing  a  sinking  fund  for 
the  payment  of  said  indebtedness  as   therein   provided, 
said  town  may,  if  it  sees  fit,  provide  by  a  majority  vote 
for  the  payment  of  said  indebtedness  in  such  annual  pro- 
portionate payments  as  will  extinguish  the  same  at  the 
time  fixed  for  the  maturity  of  said    loans  ;  and  if  such 
vote  is  passed,  the  amounts  required  thereby  shall,  with- 
out further  vote,  be  assessed  by  the  assessors  in  each  year 
thereafter  until    the    debt    shall  be    extinguished,  in  the 
same  manner  as  other  taxes  are  assessed  under  the  pro- 
visions of  section  thirty-four   of  chapter   eleven  of  the 
Public  Statutes. 
Amount ^o/fund       SECTION  3.     The  retum  required  by  section  ninety-one 
etc.  '  of  chapter  eleven  of  the  Public  Statutes  shall  state  the 

amount  of  any  sinking  fund  established,  and  if  not  so 
established  whether  action  has  been  taken  in  accordance 
with  the  provisions  of  the  preceding  section,  and  the 
amounts  raised  and  applied  thereunder  for  the  current 
year. 
?o°id'fUm\1me  SECTION  4.  Said  trcasurcr  shall  sell  said  bonds  and 
to  time.  certificates  or  any  part  thereof,  from  time  to  time,  under 

the  direction  of  the  park  commissioners  of  said  town  ; 
and  shall  retain  the  proceeds  thereof  in  the  treasury  of 
said  town,  and  pay  therefrom  the  expenses  incurred  for 
the  purposes  aforesaid. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  29, 1889. 

ChCLT)  191    -^^    ^^^   ^^    PROVIDE    FOR    THE    ELECTION     OF    TOWN   AUDITORS   BY 

BALLOT. 

Be  it  enacted,  etc.,  as  follows: 
Election  by  ^j^g  elcctiou  of  auditoTs  in  towns  shall  be  by  ballot. 

DilllOl.  «^ 

Approved  March  29,  1889, 


1889.  — Chapters  192,  193.  915 


An  Act  concerning  the  administration  of  estates  after  the  QJiap.'\.92 

EXPIRATION   OF   TWENTY   YEARS   FROM   THE   DECEASE   OF   A  TESTA- 
TOR  OR   INTESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  one  hundred  and  ;fffe™e°xpiration 
thirty  of  the  Public  Statutes  is  amended  to  read  as  fol-  of  twemy  years 

,^         .  >  -inTi  T       •     •    J  •  1  j_    1  from  decease. 

lows  :  —  /Section  4.  When  administration  has  not  been 
taken  on  the  estate  of  a  testator  or  intestate  within  twenty 
years  after  his  decease,  or  when  any  property  or  claim  or 
right  thereto  remains  undistributed  or  thereafter  accrues 
to  such  estate  and  remains  to  be  administered,  the  pro- 
bate court  may  for  good  cause  shown  grant  original 
administration  on  such  property,  but  such  administration 
shall  affect  no  other  property. 

Section  2.     Chapter  two  hundred  and  forty-two  of  the  uepeai. 
acts    of  the  year   eighteen    hundred    and  eighty-five   is 
hereby  repealed. 

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

Approved  March  29,  1889. 


An  Act  relating  to  appeals  from  orders  passed  by  boards 
OF  health  concerning  offensive  trades. 


C/i«^9.193 


Be  it  enacted,  etc.,  as  follows: 

Section    1.     Sections    eighty-eight,  eighty-nine    and  ^Vders'^^s'sed 
ninety-one  of  chapter  eighty  of  the  Public  Statutes  re-  ^y  boards  of 
lating  to  appeals  from  orders  passed  by  boards  of  health  ing  offensive 
are  hereby  amended  so  as  to  read  as  follows  : —  Seclion  ^'"^"•■*- 
88.     Any  person    aggrieved  by  an  order  passed   under 
section  eighty-four  or  ninety-three  may  appeal  therefrom, 
and  if  he  shall  within  three  days  from  the  service  thereof 
upon  him  file  a  petition  in  the  clerk's  office  of  the  superior 
court,  in  the  county  where  the  premises  are  located  with 
reference  to  which  such  order  is  made,  for  a  jury,  a  trial 
may,  after    such    notice  as  the    court    shall  order  to  the 
board,  be  had  at  the  bar  of  the  court,  in  the  same  man- 
ner as  other  civil  cases   are  there   tried   by  jury.     If  a 
person  by  mistake  of  law  or  fact,  or  by  accident,  fails  to 
appeal  from    any  such  order  and  to  file  his    petition  for 
a  jury  within  three  days,  and  if  he  makes  it  appear  to 
the  court  or  justice  that  such  failure  was  caused  by  mis- 
take or  accident,  and  that  he  has  not  since  the  service  of 
such  order  upon  him  exercised  such  trade  or  employment 


916 


1889.  —  Chapter  194. 


Trade  not  to 
be  exercised 
during  pen- 
dency of  appeal. 


Damages  and 
costs. 


Amendment  to 
P.  S.  80,  §  90. 


contrary  to  the  order,  he  may  at  any  time  within  thirty 
days  from  the  service  of  the  order  upon  him  appeal  there- 
from and  file  his  petition  for  a  jury  with  the  same  etiect 
as  if  done  within  the  said  three  days.  Section  89. 
During  the  pendency  of  the  appeal  such  trade  or  employ- 
ment shall  not  be  exercityed  contrary  to  the  order  unless 
specially  authorized  by  said  board  after  the  appeal,  and 
if  so  specially  authorized,  all  further  proceedings  by  said 
board  shall  be  stayed  during  the  pendency  of  the  appeal ; 
and  upon  any  violation  of  the  order,  unless  specially 
authorized  as  aforesaid,  the  appeal  shall  forthwith  be 
dismissed.  Section  91.  If  the  order  is  affirmed  by  the 
verdict,  the  town  shall  recover  costs  against  the  appellant. 
If  it  is  annulled,  and  the  appellant  has  not  been  specially 
authorized  by  said  board  after  the  appeal  to  exercise  such 
trade  or  employment  during  the  pendency  of  the  appeal, 
he  shall  recover  damages  and  costs  against  the  town  ;  and 
if  he  has  been  specially  authorized  as  aforesaid  and  the 
order  is  annulled,  or  if  it  is  altered,  the  appellant  shall 
not  recover  damages  against  the  town,  and  the  court  may 
render  such  judgment  as  to  costs  as  in  its  discretion 
may  seem  just. 

Section  2.  Section  ninety  of  said  chapter  eighty  is 
hereby  amended  by  inserting  at  the  end  thereof  the  fol- 
lowing words  :  —  and  may  also  be  enforced  by  injunction 
or  other  order  of  the  court  in  equity. 

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

Approved  March  29,  1S89. 


Ohnn  10-t   ^'^   ^^^  ^^  AUTHORIZE  COURT   UNITY   NO.  7469,  ANCIENT  ORDER   OF 
^  '  FORESTERS,    OF     BLACKSTONE,    TO     HOLD     REAL      AND      PEKSONAL 

ESTATE. 


Real  and  per- 
sonal estate  not 
to  exceed 
$10,000. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Court  Unity  No.  7469,  Ancient  Order  of 
Foresters,  of  Blackstone,  incorporated  in  accordance  with 
the  provisions  of  chapter  four  hundred  and  twenty-nine 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 
is  hereby  authorized  to  hold  real  and  personal  estate  to 
an  amount  not  exceeding  ten  thousand  dollars. 

Section  2.     This  act  shall  take  ^tfect  upon  its  passage. 

Approved  March  29,  1889. 


1889.  —  Chapters  195,  196.  917 


An  Act  to  authorize  the  town  of  Plymouth  to  raise  money  CJ^qj)  195 
for  the  celebration  of  the  completion  of  the  national 
monument  to  the  pilgrims  in  plymouth. 

^e  it  enacted^  etc.,  as  folloios : 

Section  1.     The  town  of  Ph^mouth  is  authorized  to  May  raise 

•  1  .  J  .  P  ,  1 .  money  for  ccle- 

raise  by  taxation  a  sum    ot   money  not   exceedmg    one- bration  of  com- 
thirtieth  of  one  per  centum  of  the  assessed  vahiation  of  monument. 
said  town  in  the  year  one  thousand  eight  hundred    and 
eighty-eight  for  the  purpose  of  celebrating  the  completion 
of  the  national  monument  to  the  Pilgrims  in  said  town. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  29,  1889. 


Clwp.l^ij 


An  Act  to  rkgulate  the    assessment  and    registration    of 

VOTERS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Section  one  of  chapter  two  hundred  and  '^^«esRment  and 

JL  ^  legiHiraiion  oi 

seventy-one    of  the  acts    of    the    year   eio;hteen  hundred  voiersregu- 

.  »/  o  lated. 

and  eighty-five  as  amended  by  chapter  sixty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six,  relating 
to  the  making  of  lists  of  persons  lial)le  or  desii'ing  to  be 
assessed  for  a  poll  tax  and  to  the  furnishing  of  such  lists 
to  the  registrars  of  voters,  is  hereby  amended  so  as  to 
read  as  follows:  —  Section  1.  The  assessors  of  taxes 
themselves  or  by  their  assistant  assessors  shall,  in  the 
month  of  May  or  June  in  each  year,  visit  each  dwelling- 
house  or  building  in  their  respective  cities  or  toAvns, 
and  shall  make  true  lists  of  all  male  persons  twenty  years 
of  age  and  upwards,  liable  to  be  assessed  for  a  poll  tax, 
returned  to  them  by  the  owners  or  occupants  of  such 
dwelling-houses  or  buildings  as  residing  therein,  and  also 
of  all  women  twenty  years  of  age  and  upwards,  who 
shall  in  writing  over  their  own  signatures  request  the 
assessors  to  assess  them  for  a  poll  tax,  and  it  shall  be 
the  duty  of  the  assessors  to  inquire  at  each  such  dwelling- 
house  or  building  for  such  written  requests  for  assessment. 
The  assessors  shall  ascertain,  as  nearly  as  may  be,  and 
include  in  such  lists  the  age  and  occupation  of  all  persons 
so  liable  or  desiring  to  be  assessed,  together  with  their 
residences  on  the  first  day  of  May  of  the  current  and  the 
preceding  years.  The  assessors  shall  furnish  such  original 
lists  or  certified  copies  thereof  to  the  registrars  of  voters 
of  their  respective    cities  or  towns,  from  time  to  time, 


918  1889.  — Chapters  19T,  198,  199. 

before  the  fifteenth  day  of  July  ensuing ;  and  such 
assessors  and  the  collectors  of  taxes  shall  furnish  any 
further  information  in  their  possession  necessary  to  aid 
the  registrars  and  assistant  registrars  in  the  discharge  of 

o  o  o 

their  respective  duties. 

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

Approved  March  29,  1889. 

Chcip.1^7  An    Act   enlarging    and    defining    the    powers    of    ■women 

APPOINTED   SPECIAL    COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

^nddlTned^^'^'^  SECTION  1.  Special  Commissioners,  appointed  and 
qualified  under  the  provisions  of  chapter  two  hundred 
and  fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three,  shall  have  the  same  powers  as  justices  of 
the  peace  for  the  following  purposes  :  to  administer  all 
oaths  which  may  be  administered  b}^  a  justice  of  the 
peace,  to  take  depositions  and  affidavits,  to  take  acknowl- 
edgments of  deeds  and  other  instruments,  and  to  issue 
summonses  for  witnesses. 

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

Approved  March  29,  1889. 

ChCip,^28    ^^  ^^"^  '^^   ESTABLISH   THE   SALARY   OF  THE  JUSTICE   OF  THE  FIRST 
DISTRICT  COURT  OF  NORTHERN   MIDDLESEX. 

Be  it  enacted,  etc. ,  as  follows : 

fuiuce."^  Section  1.     The  salary  of  the  justice  of  the  first  dis- 

trict court  of  Northern  Middlesex  shall  be  one  thousand 
dollars  a  year,  to  be    so   allowed  from   the  first   day  of 
March  in  the  year  eighteen  hundred  and  eighty-nine. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1889. 

CJhcL7).\^^  An  Act  to  change  the  name  of  the  christian  union  church 

OF    STONEHAM. 

Be  it  enacted,  etc.,  as  follows: 

Name  changed.  SECTION  1.  The  name  of  the  Christian  Uniou  Church, 
a  religious  society  located  at  Stoneham,  is  hereby  changed 
to  the  First  Unitarian  Church  of  Stoneham. 

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

.    Approved  April  1,  1889. 


1889.  — Chapter  200.  919 


An  Act  to  authorize  the  ludlow  manufacturing  company  (JJiap.%)0 

TO    SUPPLY    THE    TOWN    OF     LUDLOW     WITH     WATER    AND    WITH 
ELECTRICITY   FOR   LIGHTING   AND   OTHER   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Ludlow  Manufacturing  Company  May  supply 
may  supply  itself  and  the  inhabitants  and  occupants  of  with  water. 
the  town  of  Ludlow,  within  one  mile  from  the  Chicopee 
river,  with  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes  ;  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  all  sreneral  laws  Avhich  now  are  or 
may  hereafter  be  in  force  so  far  as  the  same  may  be  appli- 
cable ;  may  establish  fountains  and  hydrants,  relocate  and 
discontinue  the  same,  may  regulate  the  use  of  such  water 
and  fix  and  collect  rates  to  be  paid  for  the  use  of  the 
same. 

Section  2.     The  said  company  for  the  purposes  afore-  May  contract 
said  may  contract  Avith  any  city  or  town  adjoining  the  said  town  a'djo^amg' 
town  of  Ludlow  to  supply  said  water,  and  the  cities  or  ^vrp^'piyV^ater. 
towns  adjoining  said  town  of  Ludlow  are  authorized  to 
make  any  such  contracts  ;  or  it  may  take  by  purchase  or 
otherwise  and  hold  the   waters   of  said    Chicopee   river 
within   the  limits    of  or  where  it  borders   on  the  above 
described  district,  and  of  any  stream  or  spring  or  artesian 
or  driven  wells  within   the  said    district,  and  the  water 
rights  connected  with  any  such  water  sources  ;    or  may 
take  by  purchase  or   otherwise   the   Avaters    of  Chapin's 
pond  and  Wood's  pond,  both  in  the   town    of  Ludlow ; 
and  also  all  lands,  rights  of  way  and  easements  necessary  May  take  landa. 
for  holding   and    preserving    such  water,  for   erecting  a 
standpipe  and  other  works  and  for  conveying  the  same  to 
any  part    of  the  said  district.     The   said  company  may 
also  erect  and  maintain  on  the  land  thus  taken  or  held  May  erect  d-ams 

and  procure  and 

proper  dams,  buildings,  standpipes,  fixtures,  pumps  and  operate  ma- 
other  structures,  and  may  make  excavations,  procure  "^  '"^'^^' 
and  operate  machinery  and  provide  such  other  means  and 
appliances  as  may  be  necessary  for  the  establishment 
and  maintenance  of  complete  and  etfective  water  works  ; 
and  constijuct  and  lay  down  conduits,  pipes  and  other 
works,  under  or  over  any  lands,  water  courses,  railroads, 
public  or  private  Avays  in  said  district  or  in  said  town  of 
Ludlow,  and  along  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same  ;  and  for  the  purpose 


920 


1889.  —  Chapter  200. 


May  dig  up 
lands. 


To  file  in  regis- 
try of  deeds  a 
description  of 
lands  taken. 


Company  to 
pay  damaggs 
sustained. 


Town  of  Lud- 
low may  pur- 
chase franchise. 


of  constructing  and  maintaining  such  conduits,  pipes  and 
other  works,  and  lor  all  proper  purposes  of  this  act,  said 
company  may  dig  up  any  such  lands  in  said  district  or  in 
said  town  of  Ludlow,  and,  under  the  direction  of  the 
selectmen,  may  enter  upon  and  dig  up  any  such  ways  in 
such  manner  as  to  cause  the  least  hindrance  to  public 
travel.  In  case  said  company  shall  take  the  waters  of 
said  Chicopee  river  under  this  act,  it  shall  be  limited  to 
an  amount  of  water  not  exceeding  three  hundred  thousand 
gallons  daily. 

Section  3.  The  said  company  shall,  within  sixty 
days  of  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements  as  aforesaid,  otherw^ise 
than  by  purchase,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  within  which  such  lands 
or  other  property  is  situated,  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purposes  for  which  the  same  were  taken. 

Section  4.  The  said  company  shall  pay  all  damages 
sustained  by  any  person  or  corporation  in  property  by 
the  taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement  by  the  said  company  under  the 
authority  of  the  foregoing  sections  of  this  act.  Any  per- 
son or  corporation  sustaining  damages  as  aforesaid,  who 
fails  to  agree  with  said  company  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  two  years  from  the  taking  of  such  land 
or  other  property  under  the  foregoing  sections  of  this 
act ;  but  no  such  application  shall  be  made  after  the  ex- 
piration of  said  two  years;  except  that  application,  pro- 
ceeding; or  suit  for  assessment  of  damages  shall  be  made 
or  begun  for  the  taking  of  any  water,  water  right,  or  tor 
any  injmy  thereto,  within  two  years  from  the  time  when 
the  water  is  actually  withdrawn  or  diverted  by  said  com- 
pany under  the  authority  of  this  act ;  but  no  person  or 
corporation  shall  be  entitled  to  damages  for  the  taking 
or  withdrawal  of  water  from  the  Chicopee  river  or  other- 
wise, which  the  said  Ludlow  Manufacturing  Company 
had  a  right  to  take  and  withdraw  before  the  passage  of 
this  act. 

Section  5.  The  said  tow^n  of  Ludlow  shall  have  the 
right  at  any  time  to  purchase  of  the  said  Ludlow  Manu- 


1889.  —  Chapter  200.  921 

facturing  Company  the  franchise  given  by  this  act  to  take 
and  distribute  water,  and  sucli  of  its  pipes,  conduits  and 
hydrants  as  may  be  entirely  and  solely  and  wholly  in  the 
public  streets  of  said  town  of  Ludlo^v,  at  a  price  which 
may  be  mutually  ao-reed  upon.  And  the  said  Ludlow  company  may 
Manufacturing  Company  is  hereby  authorized  to  make  etc. 
sale  of  the  same  to  the  said  town  ;  and  if  the  said  town  and 
the  said  corporation  are  unable  to  agree,  then  the  com- 
pensation to  be  paid  shall  be  determined  by  three  com- 
missioners to  be  appointed  by  the  superior  court  upon 
the  application  by  said  corporation  or  town,  and  notice  to 
the  other  party,  whose  award  when  accepted  by  the 
court  shall  be  binding  on  all  the  parties.  But  nothing 
herein  contained  shall  be  construed  as  giving  the  said 
town  of  Ludlow  the  right  or  power  to  take  or  compel  the 
said  Ludlow  Manufacturing  Company  to  sell  any  water 
right,  franchise,  power,  privilege  or  property  of  any 
nature  whatsoever,  which  the  said  company  had  before 
the  passage  of  this  act. 

Section  6.  The  said  company  may  supply  itself  and  fu°ppyy'to%rn*^ 
the  inhabitants  of  the  town  of  Ludlow  with  electricity  7o\!'Ji|ift^^'^|=;7c. 
for  lighting,  power,  mechanical  and  other  purposes ;  may 
regulate  the  use  of  the  same  and  may  fix  and  collect  rates 
to  be  paid  therefor;  and  is  herel)y  duly  authorized,  hav- 
ing first  obtained  the  consent  of  the  selectmen  of  the  said 
town  of  Ludlow,  to  dig  up  and  open  any  of  the  streets 
or  ways  thereof,  as  far  as  may  be  necessary,  suitable  or 
convenient,  for  the  purpose  of  laying  its  lines  of  wires, 
pipes  or  conduits,  to  carry  into  effect  the  authority  and 
permission  hereby  given,  and  for  the  purpose  of  keeping 
the  said  lines,  pipes  and  conduits  in  repair ;  and  is 
authorized  to  erect  and  maintain  lines  of  wire  under, 
upon  or  above  the  surface  of  said  streets  or  ways  ;  but 
such  consent  shall  not  affect  the  right  to  recover  injury 
to  person  or  property  caused  by  the  default  or  neglect  of 
said  company  under  the  authority  hereby  given.  The 
said     company    may   erect     proper    buildings,    fixtures,  May  erect 

,  .  ^        -^  "^  '^        ^  V  •       1   P'oper  build- 

maclnnery  and  works  necessary,  proper  and  convenient  iugw  aua  fix- 
for  the  establishment  and  maintenance  of  complete  and 
effective  electric  works.  The  selectmen  of  the  said 
town  of  Ludlow  may  regulate  and  restrict  all  acts  and 
doings  of  said  company  under  this  section  which  may 
in  any  way  affect  the  health,  safety  or  property  of 
the  inhabitants    of  said   town.     Except    as   hereinbefore 


922  1889.  — Chapter  201. 

expressly  provided,  the  said  company,  in  respect  to,  and 
in  connection  with,  its  business  of  furnishing  the  said 
town  of  Ludlow  with  electricity  under  this  section,  shall 
duS*  ^"'^  have  all  the  powers  and  privileges  and  be  subject  to  all 
the  duties,  restrictions  and  liabilities  set  forth  in  all  gen- 
eral laws  which  now  are  or  hereafter  may  be  in  force 
relating  to  electric  light  companies. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1889. 

Cliai)  201  ^^  ^^^  ^^  AUTHORIZE  THE  TOWN  OP  MEDFORD  TO  IMPROVE  ITS 
WATER  SUPPLY  AND  ISSUE  BONDS  FOR  THE  PAYMENT  AND 
REFUNDING   OF  A   PORTION   OF  ITS   WATER   DEBT. 

Be  it  enacted^  etc.,  as  follows: 
Town  may  im-        Section  1.     For  tlic  purpose  of  maintaining,  enlaro;ing 

prove  Its  water  ,  •  ji  •  /»   •,  i  i         i 

supply.  and  preservmg  tne  purity  or  its  water  supply,  the  town 

of  Medford,  in  addition  to  any  authority  heretofore 
granted,  may  from  time  to  time  take  or  acquire  by  pur- 
chase or  otherwise,  hold  and  improve  any  portion  of  the 
land,  water  and  water  rights  within  the  limits  of  the  ter- 
ritory of  said  town  lying  south  of  Spot  pond  between 
the  line  of  Stoneham  on  the  north,  Forest  street  on  the 
west,  Fulton  street  on  the  east,  and  Elm  street  on  the 
southeast  and  south.  The  provisions  of  section  two  of 
chapter  one  hundred  and  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy  shall  apply  to  and  regulate 
the  proceedings  in  case  of  any  taking  under  permission 
of  this  act. 

May  issue  bonds      SECTION*  2.     For  the  purposc   of  refunding  such  por- 

for  refunding  .  .  ri  .         ^    ,   .  k        -, 

water  debt.  tioii  01  its  Water  debt  now  outstandino-  as  its  sinkino;  fund 
will  not  provide  for,  and  for  extending,  improving  and 
preserving  the  purity  of  its  water  supply,  as  heretofore 
and  also  as  by  the  first  section  of  this  act  authorized,  the 
town  of  Medford  may  from  time  to  time  issue  bonds  to  an 
amount  not  exceeding  two  hundred  and  fifty  thousand 
dollars,  bearing  such  rate  of  interest  not  exceeding  five 
per  cent,  per  annum,  payable  semi-annually,  and  to 
become  due  and  payable  at  such  time  or  times,  not  later 
than  July  first,  nineteen  hundred  and  ten,  as  said  town 
may  decide  ;  and  such  bonds  shall  be  signed  by  the  treas- 
urer of  said  town  and  be  countersigned  by  the  water 
commissioners  thereof. 

bl°^Jtabn"hfd*°  Section  3.  Said  town  upon  issuing  such  bonds  shall 
establish  a  sinking  fund,  sufficient  with  the  yearly  addi- 


1889.  — Chapters  202,  203.  923 

tions  herein  provided  for  and  its  other  accumulations,  to 
provide  for  the  })ayment  of  the  principal  thereof  at  matu- 
rity. The  provisions  of  sections  three,  seven  and  eight 
of  chapter  one  hundred  and  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy,  and  of  section  one  of 
chapter  fifty-seven  of  the  acts  of  the  year  eighteen  hun- 
dred and  seventy-eight  shall  apply  to  such  sinking  fund, 
except  that  said  town  may  in  any  year  raise  by  taxation 
for  the  purposes  of  said  sinking  fund  an  amount  not 
exceeding  five  thousand  dollars;  and,  in  addition,  any 
premiums  received  from  the  sale  of  bonds  issued  under 
authority  of  this  act  shall  be  paid  into  such  sinking  fund 
forthwith  upon  their  receipt. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  i,  1889. 

An  Act  to  autuohize  the  selectmen  of  the  town  of  boukne  HUQ^t  20"^ 

TO   sell   the   right   to   take   ALEWIVES   in   said   town   at   PUli- 
Lie  auction. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    selectmen    of  the    town   of  Bourne  May  sen  right  to 
may  annually  sell  at  public  auction  the  right  to  take  ale-  t*'^'* '''^^'^^s. 
wives    in   the   Herring   river   in    said    town,    instead    of 
appointing  a  person  or  persons  to  take  the   same  as  now 
provided  by  law. 

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

Approved  April  3,  1889. 


An  Act  in   addition  to  an  act  to  provide   for  rebuilding 

THE    bridge    across    THE     CONNECTICUT    RIVER    BETWEEN     HOL- 


YOKE   AND   SOUTH    HADLEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If,  for  the  purpose  of  rebuilding  and  con-  ExtenRinn..f 
structing  the  bridge  across  the  Connecticut  river  between  {Jjents'!"'*  ''^"'' 
Holyoke  and  South  Hadley,  the  county  commissioners  of 
the  counties  of  Hampden  and  Hampshire  deem  it  neces- 
sary to  widen  the  same  and  its  piers  and  abutments  they 
are  hereby  directed  to  widen  and  extend  said  piers  and 
abutments  on  the  southerly  side  thereof,  and  to  take  and 
appropriate  any  land  adjoining  the  location  as  now  es- 
tablished which  shall  be,  in  their  judgment,  required 
therefor. 

Section  2.     Said  commissioners,  before  entering  upon  Report  and  sur- 
said  land  for  the  purpose  of  widening  and  extending  said  takenVo^bemeci 


924 


1889.  — Chapter  204. 


with  clerk  of 
the  courts. 


Damages. 


Amendment  to 
1888,  319,  §  10. 


ChapSlOi 


Amendment  to 
P.  S.  147. 


Property  of 
married  women. 


piers  and  abutments,  shall  file  in  the  office  of  the  clerk  of 
the  courts  of  the  county  where  the  land  lies  a  report  and 
survey  showing  the  quantity  of  every  owner's  land  in  said 
county  taken  for  the  purposes  aforesaid ;  also  such  esti- 
mate of  damages  as  said  commissioners,  after  a  hearing 
of  the  parties,  shall  award  for  land  so  necessarily  taken 
and  appropriated  for  said  purposes. 

Section  3.  Any  party  aggrieved  by  the  assessment 
of  damages  by  said  commissioners  may  make  application 
for  a  jury,  of  the  county  where  the  land  lies,  to  revise  and 
reassess  his  damages ;  and  all  proceedings  in  relation 
thereto  shall  be  in  accordance  with  the  provisions  of 
chapter  forty-nine  of  the  Public  Statutes. 

Section  4.  Section  ten  of  chapter  three  hundred  and 
nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  is  hereby  amended  in  the  fourth  line  thereof 
by  striking  out  "one  hundred"  and  inserting  in  place 
thereof:  —  one  hundred  and  seventy-five. 

Section  5.     This  act  shall  take  efiectupon  its  passage. 

Approved  April  5,  1889. 

An  Act  concerning  tue  property  of  married  women. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
forty-seven  of  the  Public  Statutes  is  hereby  amended  by 
adding  at  the  end  thereof  the  words  :  —  or  his  tenancy  for 
life  in  one-half  of  her  real  estate  in  case  the  husband  and 
wife  have  had  no  issue  born  alive  which  might  have 
inherited  such  estate,  —  so  as  to  read  as  follows  :  —  Sec- 
tion 1.  The  real  and  personal  property  of  a  woman  shall 
upon  her  marriage  remain  her  separate  property,  and  a 
married  woman  may  receive,  receipt  for,  hold,  manage 
and  dispose  of  property,  real  and  personal,  in  the  same 
manner  as  if  she  were  sole,  except  that  she  shall  not 
without  the  written  consent  of  her  husl)and  destroy  or 
impair  his  tenancy  by  the  curtesy  in  her  real  estate  or  his 
tenancy  for  life  in  one-half  her  real  estate  in  case  the 
husliand  and  wife  have  had  no  issue  born  alive  which 
might  have  inherited  such  estate. 

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

Approved  April  5, 1889. 


1889.  — Chapters  205,  206.  925 


An    Act   concerning    the   Baldwin   place    home  for   little  niinr.  205 

"WANDERERS. 

5e  it  enacted,  etc.,  as  follows: 

Section  1.     The    corporation    established   by  chapter  Name  chaoged. 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-five  under  the  name  of  the  Baldwin  Place  Home  for 
Little  Wanderers,  vshall  hereafter  be  called  and  known  as 
the  New  England  Home  for  Little  AVanderers. 

Section  2.     Said  corporation  may  hold  real  and  per-  i^eai  and  per. 
sonal   estate  to  an   amount  not  exceeding   two    hundred 
thousand  dollars  in  addition  to  the  amount  which  it  is 
now  authorized  by  law  to  hold. 

Section  3.  The  number  of  managers  of  said  corpo-  Managers. 
ration  may  be  increased,  by  vote  of  the  board  of  mana- 
gers, to  any  number  not  exceeding  twenty-one,  and  the 
said  board  of  managers  shall  have  the  right  to  limit  and 
define  the  term  of  ofiice  of  the  managers ;  and  that  pro- 
vision of  the  constitution  of  said  corporation  which  for- 
bids any  change  to  be  made  therein,  except  as  made 
necessary  by  law,  is  hereby  annulled. 

Section  4.     Said  corporation  may  be  appointed  guar-  corporation 
dian  of  any  minor  child  in  its  care,  with  the  same  powers  pointed  guar- 
and  duties  as  are  prescribed  for  guardians  of  minor  chil-  ''"'"■ 
dren  by  chapter  one  hundred  thirty-nine  of  the  Public 
Statutes.  Approved  April  5,  1889. 

An  Act  to  provide  clerical  assistance  for  the  clerk  of  the  (Jhdqj  206 

MUNICIPAL   COURT   OF   THE   CHARLESTOWN   DISTRICT   OF    THE   CITY 
OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  deemed  necessary  by  the  justice  of  the  clerical 
municipal  court  of  the  Charlestown  district  of  the  city  of  ^' 
Boston,  the  clerk  of  said  court  shall  be  allowed  a  sum  not 
exceeding  five  hundred  dollars  in  any  one  year  for  clerical 
assistance  actually  performed,  to  be  paid  to  the  persons 
actually  performing  the  same  upon  their  certificate  stating 
the  amount  of  the  work  done,  with  the  approval  of  the 
said  justice  attached  to  or  accompanying  the  same. 

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

Approved  April  5,  1889. 


aesietance. 


926  1889.  — Chapters  207,  208. 


Chap.207   ^N    ^^'^    '^O     ABOLISH     THE     HOPLAND     SCHOOL     DISTRICT     IN     THE 

TOWN   OF   LEE. 

Be  it  enacted,  etc. ,  as  follows : 

sdfoorDistrict        Section  1.      The   act    of    the    legishiture,    approved 
abolished.         March  seventh  in  the  year  of  our  Lord  seventeen  hundred 
and  ninety-one,  incorporating  a  certain  part  of  the  town 
of  Lee  in  the  county  of  Berkshire  into  a  school  district 
by  the  name  of  the  Hopland  School  District,  and  all  sub- 
sequent acts  or  parts  of  acts  in  amendment  thereof  or  in 
addition  thereto  are  hereby  repealed. 
L"tnias^ln'ed         Section  2.     The  treasurer  of  the  said  Hopland  School 
to  town  of  Lee.  District  shall,  and  is  hereby  authorized,  upon  the  passage 
of  this  act  to  convey  and  transfer  to  the  town  of  Lee  all 
the  funds  and  all  other  property  of  whatever  nature  now 
belonging  to  said  Hopland  School  District. 
use°dforUpport      Sectiox  3.     The  town  of  Lee  shall,  under  the  direc- 
ofBchoois.         tion  of  their  school  committee,  use  and  expend  all  the 
money,  funds  and  avails  of  any  property  received  from 
the  Hopland  School  District  under  this  act  for  the  sup- 
port and  maintenance  of  schools  in  said  town  in  the  same 
manner  as  other  school  funds  are  used. 
?iceived''tobe         Section  4.     The  money,  funds  and  property  received 
uonofTii'tlxes  ^^'^^  ^^^^   Hoplaud  School  District  under  this  act  shall 
etc.  '  be  in  full  satisfaction  of  all  taxes,  assessments  and  claims 

which  said  town  might  make  or  have  under  the  provisions 
of  chapter  forty-five  of  the  Public  Statutes  of  this  Com- 
monwealth on  account  of  the  abolition  of  said  Hopland 
School  District. 
^•"tax^auonfo/  Section  5.  After  the  passage  of  this  act  the  property 
all  purposes.  included  in  the  territory  formerly  the  said  Hopland  School 
District,  shall  be  liable  to  taxation  and  be  assessed  and 
taxed  for  all  purposes,  including  the  support  of  schools, 
school-houses  and  school  purposes,  the  same  as  the  prop- 
erty in  other  parts  of  said  town. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1889. 


Chap.208 


An  Act  in  relation  to  the  returns  of  births  and  deaths. 
Be  it  enacted,  etc.,  as  folloivs: 
Certified  copy         Section  1.     The  clcrk  or   registrar  of  each  city  and 

or  record  of  i      n  i        /.  >  i 

certain  births     towu  sliall  OH  tlic  first  day  of  cacli  month  make  a  certified 
copy  of  the  record  of  all  deaths  and  births  recorded  in 


1889.  — Chapters  209,  210.  927 

the  books  of  said  city  or  town  during  tlie  previous  month, 
whenever  the  deceased  person  or  the  parents  of  the  child 
born,  were  resident  in  any  other  city  or  town  in  this 
Commonwealth  at  the  time  of  said  death  or  birth ;  and 
shall  transmit  said  certified  copies  to  the  clerk  or  regis- 
trar of  the  city  or  town  in  which  such  deceased  person  or 
parents  were  resident  at  the  time  of  said  death  or  birth, 
stating  in  addition  the  name  of  the  street  and  number  of 
the  house,  if  any,  where  such  deceased  person  or  parents 
so  resided,  whenever  the  same  can  be  ascertained  ;  and 
the  clerk  or  registrar  so  receiving  such  certified  copies 
shall  record  the  same  in  the  books  kept  for  recording 
deaths  or  births.  Such  certified  copies  shall  be  made 
upon  blanks  to  be  furnished  for  that  purpose  by  the 
secretary  of  the  Commonwealth. 

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

Approved  April  5,  1889. 


Chap.20^ 


An  Act  providing  for  additional  clerical  assistance  in  the 
office  of  the  register  of  probate  and  insolvency  for 
the  county  of  worcester. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  register  of  probate  and  insolvency  Allowance  for 
for  the  county  of  Worcester  shall  be  allowed,  in  addition  cai  assiBrance? 
to  the  amount  now  allowed  by  law,  a  sum  not  exceeding 
five  hundred  and  fifty  dollars  per  annum  for  clerical 
assistance  actually  performed,  to  be  paid  from  the  treas- 
ury of  the  Commonwealth  upon  the  ofiicial  certificate 
of  the  judge  of  probate  and  insolvency  for  said  county. 

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

Approved  April  5,  1889. 

An  Act  relative  to  voting  by  proxy  at  meetings  of  street  njjf,^^  OlA 

RAILWAY   COMPANIES.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twelve    of  chapter   one  hundred  No  person  to 
and  thirteen  of  the  Public  Statutes,  relative  to  voting  by  fifty  vote's  as"*" 
proxy  at  meetings  of  street  railway  companies,  is  hereby  11°^^'  ""'^*^' 
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." 

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

Approved  April  5,  1889. 


928  1889.  — Chapters  211,  212,  213. 


Chap.211  An  Act  to  establish  the  salary  of  the  judge  of  probate 

AND    insolvency   FOR   THE   COUNTY   OF   BKISTOL. 

Be  it  enacted.)  etc.,  as  follows: 
Salary  of  judge.  SECTION  1.  The  sulaiy  of  tliG  judgG  of  probute  and 
insolvency  for  the  county  of  Bristol  shall  be  twenty-live 
hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  ^Slarch  in  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Ajjproved  April  5,  1889. 

Chcin.'2.1i2i  An  Act  TO  provide  for  the  further  and  speedier  publica- 
tion  OF  THE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 
Publication  and       SECTION  1 .     The  Secretary  of  the  Commomvealth  shall 

distribution  of  -^^^      ^  titii 

the  laws.  hereafter  cause  to  be  published  at  the  close  of  each  session 

of  the  general  court  three  thousand  copies  of  the  pamphlet 
edition  of  the  acts  and  resolves  passed,  and  of  any  pro- 
posed amendments  of  the  constitution  agreed  to  during 
such  session,  in  addition  to  the  number  now  required  by 
section  three  of  chapter  four  of  the  Public  Statutes,  and 
he  shall  also  cause  a  copy  of  each  separate  portion  or 
signature,  so  called,  of  such  edition,  as  soon  as  it  may  be 
printed,  to  be  sent  to  each  of  the  following  officers  :  — 
the  clerks  of  the  several  cities  and  towns,  for  the  use  of 
the  inhabitants  thereof;  the  justices  and  clerks  of  the 
supreme  judicial  and  superior  courts ;  the  judges  and 
clerks  of  the  municipal,  police  and  district  courts  ;  the 
judges  and  registers  of  the  probate  courts  ;  the  district 
attorneys  ;  the  sherifls  ;  the  trial  justices  ;  the  justices  of 
the  peace  designated  to  issue  warrants  and  take  bail ;  the 
county  law  libraries  of  the  Commonwealth. 

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

Approved  April  5,  1889. 

(J/lCin.213  An  Act  to  authorize  the  town  of  northborough  to  raise 

A  SUM  OF  MONEY  FOR  THE  PURPOSE  OF  ERECTING  A  MONUMENT 
TO  THE  MEMORY  OF  MARY  GOODNOW. 

Be  it  enacted,  etc.,  as  follows : 
May  raise  Section  1.     The    towu    of   Noi'thborougli   is    hereby 

erection  o^f  a       authorized  to  raisc  by  taxation  the  sum  of  one  hundred 
monument.        dollars  for  the  purpose  of  erecting  a  monument   to  the 


1889.  — Chapters  214,  215.  929 

memory  of  Mary  Goodnow,  and  to  purchase  what  land 
may  be  needed  for  such  purpose. 

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

Approved  April  5,  IS 89. 

An  Act  to  incorporate  the    loavell   police    relief  associ-  f^Uf,^  214- 

ATION.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Section    1.      Edward    J.    Noyes,    Jacob    G.    Favor,  Loweii  Police 
Charles  Howard,  Daniel  M.  Hayes,  Charles   Laflamme,  [ion.lnl'r'''" 
James    A.  McQuade,    Thomas    J.   San])orn,  Thomas    E.  po'-'^ted. 
Allen,  their  associates  and  successors,  all  of  whom  shall 
be   members    of  the    police    department   of  the    city    of 
Lowell,  are  hereby  made  a  corporation  by  the  name  of  the 
Lowell  Police  Relief  Association,  in  the  city  of  Lowell, 
for  the  purpose  of  assisting  the  families  of  deceased  mem- 
bers of  said  association,  and  the  members  thereof  when 
sick  or  disabled,  or  upon  their  resignation  or  discharge 
from  the  police  department  of  said  Lowell,  or  upon  the 
decease  of  their  wives,  with  all  the  powers  and  privileges  powers  and 
and  subject  to  all  the  liabilities,  duties  and  restrictions  ^""^^• 
set  forth  in  all  general  laws  which  now  are  or  may  here- 
after be  in  force  relating  to  such  corporations  :  provid>-d, 
that    said    corporation    shall    not  be  subject  to  the  laws 
relating   to  life    insurance    companies,  and    shall    not  be 
summoned  as  trustee  in  any  action  or  process  against  any 
person    or   persons    who   may   hereafter   be    entitled    to 
assistance  from  said  corporation  under  the  by-laws  thereof 
or  under  the  provisions  of  this  act. 

Section  2.     Said  corporation  for  the  purposes  afore- May  receive 
said  shall  have  power  to  receive  grants,  devises,  bequests  raT>^hord^\v"f 
and  donations,  and  may  hold  real  and  personal  estate  not  ertlie'"^^"^''' 
exceeding  one  hundred  thousand  dollars  in  value. 

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

Approved  April  5,  1889. 

An  Act  relative  to  the  official    signatures    of    assistant  ^j        q-i  r 

CLERKS   OF  COURTS.  L/lUp.^lO 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If  in  any  court   there    are  two.  or  more  ofnciai  signa- 
assistant  clerks,  it  shall  not  l)e  necessary  for  any  of  such  a^n'^cierifs^of'' 
clerks,  when  required  to  sign  documents  in  their  official  courte. 
capacities,    to    prefix   to   their    ofiicial   titles   the    words 


930  1889.  — Chapters  216,  217,  218,  219. 

"first",  "second",  or  other  like  designations  of  their 
respective  positions. 

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

Approved  April  5,  1889. 

(J/ian.2i\G  ^^  -^^"^  '^^  change  the  name  of  the  city  hospital  in  the 

CITY   OF    QUINCY. 

Be  it  enacted,  etc.,  as  follows  : 
Name  changed.       SECTION  1 .     The  City  Hospital  of  the  City  of  Quincy 
shall  hereafter  be  called  and  known  as  the  City  Hospital 
of  Quincy. 

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

App>roved  April  5,  1889. 

CJiaV  217  ^^  ^^"^  ^^  establish  THE  SALARY  OF  THE  JUSTICE  OF  THE 
MUNICIPAL  COURT  OF  THE  ROXBURY  DISTRICT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Salary  of  SECTION    1.     The  Salary  of  the  iustice  of  the  municipal 

1UBtiC6  «/  t7  L 

court  of  the  Roxbury  district  of  the  city  of  Boston  shall 
be  twenty-five  hundred  dollars  a  year,  to  be  so  allowed 
from  the  first  day  of  March  in  the  year  eighteen  hundred 
and  eighty-nine. 

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

Approved  April  5,  1889. 

ChaV.21S  ^^  ^^^  "^^    ESTABLISH   THE    SALARY   OF    THE    CLERK   OF    THE    SEC- 
OND  DISTRICT   COURT   OF   EASTERN    WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 
Salary  of  clerk.       Section  1.     The    Salary  of  the    clerk   of  the    second 
district  court  of  eastern  Worcester  shall  be  six  hundred 
dollars  a  year,  to  be  so    allowed  from  the   first    day  of 
March  in  the  year  eighteen  hundred  and  eighty-nine. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1889. 

Chciv/lV^  An  Act  to  amend  section  one  of  chapter  two  hundred  and 

SIXTY-TWO  OF  THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED 
AND  EIGHTY-SEVEN  RELATING  TO  THE  ENLARGEMENT  OF  THE 
JAIL  AT   NEWBURYPORT. 

Be  it  enacted,  etc.,  as  follows: 

Enlargement  of       Section  1.     Scctiou  ouc  of  chapter  two  huudrcd  and 
port!    "^  ""^^  sixty-two  of  the  acts  of  the  year  eighteen  hundred  and 


1889.  —  Chapters  220,  221.  931 

eighty- seven  is  hereby  amended  by  striking  out  the  Avord 
"  ten"  in  the  fourth  line  of  said  section  and  inserting  in 
place  thereof  the  word  :  —  fifteen,  —  so  as  to  read  as  fol- 
lows : —  Section  1.  The  county  commissioners  of  the 
county  of  Essex  are  hereby  authorized  to  enlarge  and 
improve  the  jail  at  Newburyport,  in  said  county,  and  to 
expend  therefor  a  sum  not  exceeding  fifteen  thousand 
dollars. 

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

Approved  April  5,  1889. 

An  Act  to  authorize  the  town  of  weymouth  to  make  an  QJian.220 

ADDITIONAL  WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 
'Section  1.     The  town  of  Weymouth,  for  the  purposes  May  make  an 

-,     .  ,  .  /.  f       ^         i_  111  1    additional  water 

mentioned  ni  section  tour  ot  chapter  one  hundred  and  loan. 
seventy-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-one,  may  issue  notes,  bonds  or  scrip,  to  be  denom- 
inated on  the  face  thereof  Weymouth  Water  Loan,  to  an 
amount  not  exceeding  fifty  thousand  dollars,  in  addition 
to  the  amount  heretofore  authorized  by  law  to  be  issued 
by  said  town  for  the  same  purposes.  Said  notes,  bonds 
or  scrip  shall  be  issued  upon  the  same  terms  and  condi- 
tions and  with  the  same  powers  as  are  provided  in  said 
act  for  the  issue  of  the  Weymouth  water  loan  by  said 
town:  vvovided,  however,  that  the   said   towai   may  sell  J^^y^^"/^"""- 

-C  '  '  ^  111        ties  or  pledge 

such  securities  at  public  or   private    sale    or  pledge  the  the  same  for 
same  for  money  borrowed  for  the  purposes  of  this  act,  rowed. 
upon  such  terms  and  conditions  as  it  may  deem  proper ; 
and  provided,  also,  that  the  w^hole  amount  of  such  notes, 
bonds  or  scrip  issued  by  said  town,  together  with  those 
heretofore  authorized  to  be  issued  by  said  town  for  the 
same  purposes,  shall  not  in  any  event  exceed  the  sum  of  ^^^(^1^^''^^^ 
four  hundred  thousand  dollars. 

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

Approved  April  5,  1889. 

An   Act  to  authorize  the  city  of  bkockton  to  effect  an  QJinj)  ^i^iY 

ADDITIONAL  DRAINAGE  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Brockton,  for  the  purposes  mentioned  in  May  effect  an 
chapter  three  hundred  and  nine  of  the  acts  of  the  year  draiDagyioan. 
eighteen  hundred  and  eighty-eight  and  for  the  purpose  of 


932  1889.  — Chapter  222. 

buildins:   bridijes    over   the    streams    and    drains  therein 
named,  is  hereby  authorized  to   borrow,  in  the    manner 
provided  in  chapter  twenty-nine  of  the  Public  Statutes,  a 
sum  of  money  not  exceeding  fifty  thousand  dollars,  in 
addition  to  the  amount  authorized  to  be  raised  under  said 
chapter  three  hundred  and  nine,  and  for  this  purpose  may 
issue  from  time  to  time  negotiable  bonds,  notes  or  scrip 
Citj  of  Brock-    uot  exceeding  said  amount.     Such  bonds,  notes  or  scrip 
Loan.'Act'of      sliall    bear  on   their   face    the   words    City    of  Brockton 
^^^^*  Drainage  Loan,  Act  of  Eighteen  Hundred  Eighty-nine, 

and  shall  be  payable  at  the  expirations  of  periods  not 
exceeding  thirty  years  from  the  date  of  such  issue,  and 
bear  such  rate  of  interest  as  the  city  council  may  deter- 
mine, not  exceeding  six  per  centum  per  annum.  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  sec- 
tion ninety-one  of  chapter  eleven  of  the  Public  Statutes 
shall  state  the  amount  raised  and  applied  under  this  sec- 
tion the  current  year.  Approved  April  5,  1889. 

CTlClD  '^22  -^^  ^^^  KELATIVE  TO  THE  VOTING  AS  PROXIES  AND  THE  SOLICIT- 
ING OF  PROXY  VOTES  BY  OFFICERS  OF  CORPORATIONS  AND  THE 
FILING   OF   LISTS   OF   STOCKHOLDERS. 

Be  it  enacted,  etc.,  as  follows: 

i^epe^i  of  p.  s.  Section  1.  Sections  fourteen  and  fifteen  of  chapter 
one  hundred  and  five  of  the  Public  Statutes  are  hereby 
repealed. 

Removal  from        Section  2.     It  shall  bc  withiu  the   discretion  of  the 

ofhce  by  the  .,..,  i  iit  t 

Bupreni.^jiidi-     suprcmc  judicial  court  to  cause  the  removal  and   disquali- 
cia  cour .         ficatiou  from  holding  oflSce  of  an   officer  of  a   corporation 
who  has,  prior  to  the  passage   of  this  act,  violated  the 
provisions   of  said  section  fourteen  of  chapter  one  hun- 
dred and  five. 
List  of  Block.  Section  3.     Every  corporation  established  under  the 

holders,  etc.,  to  J  I  ,     .  .    . 

be  Hied  in  office  ]aws  ot  this  Commonwcalth  shall,  if  requested  m  writmg 

fhe* Common^     by  any  stockholder  thereof,  not  less  than  thirty  days  and 

reque8t"et°c'!       not  luorc  than  sixty  days  prior  to  the  annual  meeting  of 

stockholders,  cause,  within  fifteen  days,  to  be  made  and 


1889.  — Chapter  223.  933 

filed  in  the  ofiice  of  the  secretary  of  the  Commonwealth 
a  complete  list  of  the  stockholders  as  of  the  sixtieth  day 
prior  to  the  time  so  fixed,  with  the  place  of  residence  and 
the  number  of  shares  belonging  to  each  stockholder. 
Such  certificate  shall  be  in  a  form  such  as  the  commis- 
sioner of  corporations  shall  require  or  approve,  and  shall 
be  signed  and  sworn  to  by  the  treasurer  of  the  corpora- 
tion or,  in  his  stead,  by  some  other  officer  cognizant  of 
the  facts  who  may  be  specially  appointed  liy  the  corpora- 
tion to  make  the  same.  A  corporation  which  omits  or  Penalty  for 
neglects  to  cause  a  list  of  its  stockholders  to  be  made 
and  filed  as  aforesaid  shall  forfeit  a  sum  not  exceeding 
one  thousand  dollars,  and  the  treasurer  or  other  officer 
whose  duty  it  is  to  make  such  certificate  shall  in  addition 
be  lial)le  to  a  like  sum  for  such  omission  or  neglect ;  and 
these  penalties  may  be  enforced  in  the  manner  set  forth 
in  sections  eighty- one  and  eighty-two  of  chapter  one  hun- 
dred and  six  of  the  Public  Statutes. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1889. 


Cliap.2'2:. 


An  Act  to  authorize  the  old  colony  railroad  cuMPANr  to 

INCREASE   ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  Old  Colony  Railroad  Company  may  May  increase 
increase  its  capital  stock  by  issuing,  in  addition  to  the  '^^^^^  *°° 
amount  of  capital  stock  already  authorized  to  be  issued, 
an  amount  not  exceeding  three  millions  of  dollars,  so  that 
the  authorized  capital  stock  of  said  Old  Colony  Railroad 
Company  shall  be  fifteen  millions  of  dollars  and  no  more. 
The  new  stock  hereby  authorized  shall  be  issued  from 
time  to  time  in  accordance  with  existing  laws,  and  the 
proceeds  thereof  applied  to  providing  additional  equip- rioceeds  to  be 
ment  for   and   improvement  of  said  railroad  and  other  equipment  and 
property  owned  or  leased  by  the  said  company,  to  the  'J?  1-oadretc"' 
construction  of  such   additional    railroad    as    it   may  be 
authorized  by  law  to  construct,  and  to  the  payment  and 
reduction  of  its  debts. 

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

Approved  April  5,  1889. 


934  1889.  — Chapters  224,  225,  226. 


Ch(lV.2i24:  -^^  -'^CT  REL\TING  TO  CERTIFICATES  OF  RETURNS  OF  DEATHS  OF 
SOLDIERS  AND  SAILORS  WHO  SERVED  IN  THE  WAR  OF  THE 
REBELLION. 

Be  it  enacted,  etc.,  as  foHoics: 

^h4"*'rk^tV°         Section  1 .     A  physician  who  has  attended  a  person  in 
and  secondary    his  last  illncss  in  fumishino;  a  certificate  for  the  purposes 

causes  of  death  .  •    ,        ,  •  •        i     i  ^  •  j  i  /■       i         ^ 

of  soldiers  and    oi  registration  as  required   by  section  three  oi    chapter 
saiors.  thirty-two  of  the  Public  Statutes  shall,  in  case  the  de- 

ceased was  a  soldier  or  a  sailor  who  served  in  the  war  of 
the  rebellion,  give  both  the  primary  and  the  secondary  or 
immediate  cause  of  death  as  nearly  as  he  can  state  the 
same.  If  a  phj^sician  refuses  or  neglects  to  make  such 
certificate  he  shall  forfeit  to  the  treasurer  the  sum  of  ten 
dollars  for  the  use  of  the  town  in  which  he  resides. 

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

Approved  April  8,  1889. 


Chap 


.225   -^^   ■^^'^   "^^   ENABLE   THE   CITY    OF   BROCKTON    TO    INCUR   INDEBTED- 
NESS  FOR   THE   PURPOSE   OF   BUILDING   A   NEW   CITY   HALL, 


Be  it  enacted,  etc.,  as  follows: 

i^debuXess  Section  1.     The  city  of  Brockton,  for  the  purpose  of 

for  building  a     purcliasino;  land  for  and  of  buildino;  a  city  hall,  is  hereby 

new  city  hall.       ^..y.  'iii  j  i 

authorized  to  incur  indebtedness  to  an  amount  not  exceed- 
ing one  hundred  thousand  dollars,  and  to  issue  from  time 
to  time  bonds,  notes  or  scrip  therefor,  payable  in  periods 
not  exceeding  thirty  years  from  date  of  issue.  Except  as 
above  provided,  the  provisions  of  chapter  twenty-nine  of 
the  Public  Statutes  and  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  shall  apply  to  the  incurring  of  said  indebtedness  and 
the  issue  of  such  bonds. 

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

Approved  April  8,  1889. 


Chap 


.226  ^'^   ^^^   '^^   AMEND   AN   ACT    TO    PROVIDE   FOR   THE   FREE    INSTRUC- 
TION  OF   DEAF  MUTES   OR   DEAF   CHILDREN. 


Be  it  enacted,  etc.,  as  follows: 
F^eejnRtni^c  SECTION  1.     UpoH  the  rcqucst  of  the  parents  or  guar- 

mjit^sordeaf  diaus,  and  witli  the  approval  of  the  state  board  of  edu- 
cation, the  governor  maj^  continue  the  schooling  of 
meritorious  deaf  mutes  or  deaf  children  of  capacity  and 
promise,  beyond  the  existing  limitation  of  ten  years,  as 


children. 


1889.  —  Chapters  227,  228,  229.  935 

provided  in  chapter  two  hundred  and  thirty-nine  of  the 
acts  of  the  year  eighteen  hundred  eighty-eight,  when  such 
pupils  are  properly  recommended  therefor  by  the  prin- 
cipal or  other  chief  officer  of  the  school  of  which  they  are 
members. 

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

Approved  April  8,  1889. 


Chap.221 


An  Act  to  establish  the  salary  op  the  justice  of  the 
municipal  couut  of  the  chaklestowx  disruict  of  the  city 
of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  justice  of  the  municipal  ^^^fj^^  °^ 
court  of  the  Charlestown  district  of  the  city  of  Boston 
shall  be  two  thousand  dollars  a  year,  to  be  so  allowed 
from  the  first  day  of  January  in  the  year  eighteen  hun- 
dred and  eighty-nine. 

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

Approved  April  8,  1889. 


Chap.22% 


An  Act  providing  for  the  appointment  of  election  officers 
in  the  city  op  woburn. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  mayor  of  the  city  of  Woburn  shall,  Appointr^nt of 

•^  /»      1  •         /•        election  offlcerB 

With  the  approval  of  the  board  of  aldermen,  appoint  for  mcuyof 
each  voting  precinct  in  said  city  the  election  officers 
specified  in  section  seven  of  chapter  two  hundred  and 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  and  in  accordance  with  the  provisions  of  said 
act,  excepting  that  said  officers  may  be  appointed  at  any 
time  subsequent  to  the  passage  of  this  act  and  shall  sev- 
erally hold  office  until  the  first  day  of  November  of  the 
present  year. 

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

Approved  April  8,  1889. 

An  Act  to  prohibit  sales  on  street  cars  by  minors  under  nhar),2i2Q 

THE   age   of   ten   YEARS. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     No  street  railway  corporation  shall   per- Saieg  on  street 

.,  n  .  1         A^  c  A  J.  J.         cars  by  minors 

mit  or  allow  any  minor  under  the  age  oi  ten  years  to  enter  under  ten  years, 
upon  or  into  any  car  of  such  corporation  for  the  purpose  p'^o^'^''^'^- 
of  selling  or  offering  for  sale  newspapers  or  other  articles 
of  merchandise  therein. 


936 


1889.  — Chapters  230,  231. 


Chap. 


corp"drau^n.  Section  2.     A  street  railway  corporation  violating  the 

provisions  of  this  act  shall  forfeit  the  sum  of  fifty  dollars 
for  each  ofltence,  to  be  recovered  by  any  person  in  an 
action  of  tort,  brought  within  three  months  thereafter, 
and  the  violation  by  a  servant  or  agent  of  such  corpora- 
tion shall  constitute  a  violation  by  such  corporation. 
Section  3.     This  act  shall  take  eflect  upon  its  passage. 

Approved  April  9,  1889. 

230  An  Act  in  aid  of  the  hospital  cottages  for  children  in 
baldwinsville  in  the  town  of  templeton. 

Be  it  enacted.,  etc. ,  as  follows : 

pmchM^^o/iand  Section  1.  Thcrc  sliall  be  allowcd  and  paid  out  of  tlic 
buUdS!°°°^'  treasury  of  the  Commonwealth  to  the  Hospital  Cottages 
for  Children,  a  charitable  corporation  organized  under  the 
laws  of  the  Commonwealth  for  the  care,  training  and 
treatment  of  epileptic  and  otherwise  diseased  children, 
and  located  in  Baldwinsville  in  the  town  of  Templeton,  a 
sum  not  exceeding  fifty-five  thousand  dollars,  to  be  ex- 
pended for  the  purchase  of  land  and  the  erection  of  build- 
ings suitable  for  the  accommodation  of  the  inmates  therein  : 
provided,  that  nothing  herein  contained  shall  authorize  the 
payment  of  any  part  of  said  sum  to  the  said  Hospital 
Cottages  for  Children  until  plans  and  estimates  for  said 
l)uildings  shall  have  ])een  approved  by  the  governor  and 
council. 

Section  2.  The  state  board  of  lunacy  and  charity  ma^^ 
send  to  and  keep  at  said  Hospital  Cottages  for  Children 
such  number  of  children  afilicted  with  epilepsy  or  other 
chronic  diseases  as  shall  be  approved  l)y  the  trustees  and 
superintendent  of  said  corporation,  to  be  maintained  at 
such  expense  to  the  Commonwealth  as  shall  be  determined 
b}^  the  state  board  of  lunacy  and  charity  and  the  trustees 
of  said  institution. 

Section  3.  Chapter  ninety-one  of  the  resolves  of  the 
year  eighteen  hundred  and  eighty-eight  is  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1889. 

Ch(lV.2i31.   ^^    ■^^'^    "^^    CHANGE    THE    METHOD    OF    ELECTING    THE    BOARD   OF 
ALDERMEN   OF   THE   CITY   OF  WALTHAM, 

Be  it  enacted,  etc. ,  as  follows : 
Election  of  SECTION  1.      The   boai'd  of  aldermen  of  the    city  of 

Waltham  shall  be  constituted  and  elected  as  follows  :  at 


Proviso. 


Children 
afflicted  with 
epilepsy  or 
other  chronic 
diseases. 


Repeal. 


1889.  — Chapter  232.  937 

eacli  annual  municipal  election  of  said  city  one  alderman 
shall  be  elected  from  the  qualified  voters  of  each  ward  by 
the  qualified  voters  of  the  city  at  large  voting  in  their 
respective  wards  or  precincts  ;  and  two  aldermen  from 
wards  shall  be  elected  by  and  from  the  qualified  voters  of 
each  ward.  Each  alderman  shall  at  the  time  of  his  elec- 
tion be  a  resident  of  the  ward  from  which  he  is  elected 
and  shall  hold  his  office  for  the  municipal  year  next  fol- 
lowing his  election  and  until  a  majority  of  the  succeeding 
board  is  elected  and  qualified. 

Sectiox  2.  This  act  shall  be  submitted  to  the  quali-  fc^'Sfanceby 
fied  voters  of  the  city  of  Waltham  for  its  acceptance  at  the  voters. 
the  next  election  for  state,  district  and  county  ofiicers 
and  shall  be  void  unless  such  voters,  voting  in  their 
respective  wards  or  precincts,  shall  determine  to  adopt  the 
same.  The  vote  shall  be  taken  by  ballot  in  accordance 
with  the  provisions  of  the  election  laws  of  the  Common- 
wealth then  in  force,  so  far  as  the  same  shall  be  appli- 
cable, in  answer  to  the  question,  "  Shall  an  act  passed 
by  the  general  court  in  the  year  eighteen  hundred  and 
eighty-nine  entitled  '  An  Act  to  change  the  method  of 
electing  the  board  of  aldermen  of  the  city  of  Waltham' 
be  accepted  ? "  and  the  afiirmative  votes  of  a  majority  of 
the  voters  present  and  voting  thereon  shall  be  required  . 
for  its  acceptance.  If  so  adopted,  this  act  shall  take 
effect  for  the  election  of  municipal  officers  at  the  next 
annual  municipal  election,  and  for  all  other  purposes  at 
the  beginning  of  the  municipal  year  in  the  following 
January. 

Section  3.     So   much   of  this    act   as    authorizes  the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the  legal 
voters  of  the  said  city  shall  take  effect  upon  its  passage ; 
but  it  shall  not  take  further  effect  unless  accepted  by  the 
legal  voters  of  said  city  as  herein  prescribed. 

Approved  April  9,  1889. 


effect. 


(7/^029.232 


An  Act  to  amend  section  two  of  chapter  one  hundred  and 
seventy-one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  entitled  an  act  to  supply  the  centre 
village  of  leicester  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  one  hundred  and  ^MheCeTt^e 
seventy-one  of  the    acts  of  the    year    eighteen   hundred  village  of 
and  eighty-eight  is  hereby  amended  by  striking  out  after 


938 


1889.  —  CHArTEK  233. 


the  word  "meter",  in  the  tenth  line  of  said  section,  the 
words  "  or  the  waters  of  any  springs  or  other  water 
sources,  on  the  water  sheds  of  said  brooks  above  the 
one  mile  limit  above  defined",  and  inserting  in  place 
thereof  the  words :  —  and  the  waters  of  any  springs, 
wells  or  other  ground  water  sources  on  the  water  shed 
of  said  Kettle  brook  in  the  town  of  Paxton. 

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

Ap])roved  April  9,  1889. 


C^<X?9.233   -^^   ^^"^  "^^   AUTHORIZE   THE   CITY   OF  NEWBURYPORT  TO  CONSTRUCT 
AND  MAINTAIN  A   SYSTEM   OF    SEWERAGE   AND    SEWAGE   DISPOSAL. 


May  ninintain  a 
system  of  sew- 
erage and  sew- 
age disposal. 


May  take  lands, 
flats  and  rights 
of  way,  etc. 


Assessments 
for  defraying 
expense. 


City  to  pay  not 
less  than  one- 
third  of  cost. 


To  file  in  regis- 
try of  deeds  a 
description  of 
lands,  etc., 
taken. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Newburyport  is  hereby  au- 
thorized, l)y  and  through  the  agency  of  such  persons  or 
committee  as  the  city  council  of  said  city  in  joint  con- 
vention have  elected  or  may  elect  or  appoint,  to  lay  out, 
construct  and  maintain  a  system  of  sewerage  and  sewage 
disposal  for  said  city  in  accordance  with  any  general  plan 
which  has  Ijeen  or  may  be  approved  by  the  state  board  of 
health. 

Section  2.  Said  city  shall  have  full  power  to  take, 
by  purchase  or  otherwise,  any  lands,  flats,  water  rights, 
rights  of  way  or  easements  in  the  city  of  Newburyport 
necessary  for  the  establishment  of  such  system  of  sewer- 
age and  sewage  disposal,  together  with  the  outlet  or 
outlets  for  the  discharge  of  the  sewage  into  tide-water 
and  the  connections  therewith.  Assessments  for  defray- 
ing the  expense  of  constructing  and  maintaining  the 
common  sewers  of  said  system  may  be  made  by  said  city 
upon  persons  and  estates  in  the  manner  provided  by 
chapter  fifty  of  the  Public  Statutes  and  acts  in  amend- 
ment thereof,  and  all  the  provisions  of  said  chapter  and 
acts  applicable  shall  apply  to  assessments  so  laid. 

Section  3.  Said  city  council  may  by  vote  determine 
what  proportion  of  the  cost  of  said  system  of  sewerage 
said  city  shall  pay :  provided,  that  it  shall  pay  not  less 
than  one-third  of  the  whole  cost. 

Section  4.  Said  city  shall,  within  sixty  days  after 
the  taking  of  any  lands,  flats,  water  rights,  rights  of  way, 
easements  or  other  real  estate  otherwise  than  by  purchase 
under  and  by  virtue  of  this  act,  file  or  cause  to  be 
recorded   in   the   registr}'-  of  deeds  for   Essex  county  a 


1889.  — Chapter  233.  939 

description  thereof  sufficiently  accurate  for  identification 
with  a  statement  of  the  purpose  for  which  the  same  was 
taken,  signed  by  the  persons  or  committee  provided  for 
in  section  one. 

Section  5.  Said  city  shall  pay  all  damaijes  sustained  city  to  pay 
by  any  person  or  corporation,  in  property,  by  reason  of  tained. 
such  taking,  and  any  person  or  corporation  sustaining 
damages  as  aforesaid,  who  fails  to  agree  with  said  city  as 
to  the  amount  of  damages  sustained,  may  have  the  dam- 
ages assessed  and  determined  in  the  manner  provided  by 
law  when  land  is  taken  for  the  laying  out  of  highways, 
on  application  at  any  time  within  the  period  of  two  years 
from  the  taking  of  such  land  or  other  property. 

Section  6.     Said  city  may,  for  the  purposes  of  this  May  cany  sew- 
act,  carry  its  sewers  under  any  street,  wharf,  railroad,  8treet",^aii- 
highway  or  other  way  in  such  a  manner  as  not  unneces-  '■^^'i^' *'"=• 
sarily  to  obstruct  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  7.     In  every  case  of  a  petition  for  the  assess-  May  offer  in 
meiit  of  damages  or  for  a  jury,  the  said  city  may  ofler  in  sum  8p«cifi^ed 
court,  and  consent  in  writing,  that  a  sum  therein  specified  aTdamagl^''^'* 
may  be  awarded  as  damages  to  the  complainant :  and  if 
the  complainant  shall  not  accept  the  same  within  ten  days 
after  he  has  received  notice  of  such  ofler,  and  shall  not 
finally  recover  a  greater  sum  than  the  sum  ofiered,  not 
includino;  interest  on  the  sum  recovered  in  damages  from 
the  date  of  the  otler,  the  said  city  shall  be  entitled  to 
recover  its  costs  after  said  date,  and  the  complainant,  if 
he  recover  damages,  shall  be  allowed  costs  only  to  the 
date  of  the  ofler. 

Section  8.     Whenever   the    city  council  of  said  city  construction 

,,  .,  ,  /•  iji'v    committee  to 

votes  to  construct  a  system  oi    sewerage    under  this  act  maise  contracts 
and    elects    said   persons  or   committee    provided  for   in  appiovVi^of  city 
section    one   of  this  act,  said  persons  or  committee  and  council. 
their  successors  in  office    shall  constitute  a  construction 
committee,  to  contract  for  the  construction  and  comple- 
tion of  the  whole  or  any  part  of  the  system  of  sewerage 
authoi'ized  by  this  act ;  all  such  contracts  to  be  first  sub- 
mitted  to    said  city  council    for  its    approval ;  and  said 
persons  or  committee  shall  exercise  all  the  rights,  powers 
and  privileges   for   that   purpose   herein    granted,    have 
charge  of  said    sewers    and  system  of  sewage  disposal, 
when  completed,  as  herein  provided,  and  shall  hereafter 


940  1889.  — Chapter  234. 

exercise  all  the  rights,  powers  and  authority  granted  to 
said  city  relative  to  the  duties  appertaining  thereto. 

Section  9.  The  said  city  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  one  hundred  thousand  dollars  beyond  the  limit 
of  indebtedness  fixed  by  law  for  said  city.  Such  bonds, 
notes  or  scri[)  shall  bear  on  the  face  thereof  the  words, 
KToanf  Newbury  port  Sewer  Loan,  Act  of  1889,  shall  be  payable 
Act  of  1889.  j^t  the  expiration  of  periods  not  exceeding  thirty  years 
from  the  date  of  issue  and  shall  bear  interest  payable 
semi-annually  at  a  rate  not  exceeding  six  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  otherwise  apply  to  the  issue  of  such  bonds, 
notes  or  scrip  and  to  the  establishment  of  a  sinking  fund 
for  the  payment  thereof  at  maturity. 

Section  10.     This  act  shall  take  effect  upon  its  pas- 
sage. Approved  April  9,  1889. 

ChCip.'2S4:  ^^    ^CT    RELATIVE    TO    THE    RIGHTS    OF    A    HUSBAND    OR    WIFE    IN 
THE   REAL   ESTATE   OF   A   DECEASED   WIFE   OR   HUSBAND. 

Be  it  enacted,  etc. ,  as  follows  : 

biind'o°4if7i'n  Section  1.  Section  seventeen  of  chapter  one  hundred 
the  real  estate  yncl  twciity-four  of  the  Public  Statutcs  is  hereby  amended 
or  husband.  SO  as  to  read  as  follows  :  —  Section  1 7.  When  a  husband 
or  wife  claims  to  be  entitled  under  the  provisions  of 
section  one  or  section  three  of  this  chapter  to  an  estate 
in  fee  in  the  real  estate  of  a  deceased  wife  or  husband, 
the  probate  court  having  jurisdiction  of  the  estate  of  said 
deceased  shall  on  a  petition  of  any  person  in  interest  and 
after  such  notice  to  all  parties  interested  as  the  court  may 
order,  give  a  hearing  thereon,  and  if  upon  the  hearing 
said  court  shall  determine  that  said  husband  or  wife  is 
entitled  to  such  an  estate  in  fee,  it  shall  enter  a  decree 
to  that  effect,  which  shall  be  binding  upon  all  parties 
and  privies  thereto ;  and  cause  such  estate  in  fee  to  be 
assigned  and  set  out  by  metes  and  bounds  in  the  same 
manner  as  in  other  partitions  of  lands  of  persons  deceased, 
except  that,  when  such  assignments  cannot  be  made 
without  greatly  injuring  the  residue  of  the  estate  or  of 
some  specific  part  thereof,  an  undivided  portion  of  such 


1889.  —  Chapters  235,  236.  941 

real  estate  or  of  some  part  thereof  may  be  set  off  instead 
of  a  specific  part. 

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

Approved  April  9,  1889. 

An  Act  to  provide  for  establishing  the  term  of  office  of  (J/iav.235 

OFFICERS   AND   MEMBERS   OF   THE   FIRE   DEPARTMENT   OF   THE   CITYT 
OF   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Lowell  is  authorized  to  fix  Term  of  office 
and  establish    by  ordinance  the    length  of  the   term  for  tire  department. 
which   the    officers    and  members  of  its  fire    department 
shall  hold  office. 

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

Approved  Ajyril  9,  1889. 


Chap.23Q 


An  Act  to  supply  the  town  of  avon  with  water 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Avon  may  supply  itself  and  j^°ygu°pp"i^''°° 
its  inhabitants  with  water  for  the  extino-uishment  of  tires  Jtseif  with 

W  3.t6  r  • 

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  ]:)urposes  aforesaid.  May  taveand 

,.  11111  **°'*^'  waters  of 

may  take,  by  purchase  or  otherwise,  and  hold  the  waters  Porter's  brook. 
of  Porter's  brook  or  spring  in  said  town  or  of  any  other 
stream  or  spring  or  artesian  or  driven  wells  within  the 
limits  of  said  town,  and  the  water  rights  connected  there- 
with ;  and  may  take,  by  purchase  or  otherwise,  and  hold 
all  lands,  rights  of  Avay  and  easements  necessary  for 
holding  and  preserving  such  water  and  for  conveying  the 
same  to  any  part  of  said  town  ;  and  may  erect  on  the  land 
thus  taken  or  held  proper  dams,  buildings,  fixtures  and 
other  structures ;  and  may  make  excavations,  procure 
and  operate  machinery,  and  provide  such  other  means  and 
appliances  as  may  be  necessary  for  the  establishment 
and  maintenance  of  complete  and  effective  water  works  ; 
and  may  construct  and  lay  down  conduits,  pipes  and  ^d^iay°down' 
other  works,  under  or  over  any  lands,  water  courses,  conduits. 
railroads  or  public  or  private  ways  and  along  any  such 
way  in  such  manner  as  not  unnecessarily  to  obstruct  the 
same ;  and  for  the  purpose  of  constructing,  maintaining 


942  1889.  —  Chapter  236. 

and  repairing  such  conduits,  pipes  and  other  works  and 
for  all  proper  purposes  of  this  act,  said  town  may  dig  up 
any  such  lands  and,  under  the  direction  of  the  board  of 
selectmen  of  the  town  in  which  any  such  ways  are  situ- 
ated, may  enter  upon  and  dig  up  any  such  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways. 
^ecoXi?nth^e  SECTION  3.  The  Said  town  shall,  Avithin  sixty  days 
registry  of         after  the  takinoj  of  any  lands,  rio-hts  of  way,  water  rights, 

deeds  a  descrip-  ~  «^  "   ^  •  i  ^  •  i 

tion  of  the  land,  watcr  sourccs  or  cascmcnts  as  aforesaid,  otherwise  than 
"■'  ^  ^  ■  ]^y  puvchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  within  which  such  lands  or  other 
property  is  situated,  a  description  thereof  sufiiciently 
accurate  for  identification,  with  a  statement  of  the  pur- 
pose for  which  the  same  were  taken,  signed  by  the  water 
commissioners  hereinafter  provided  for. 
dama^gls.^"^  SECTION  4.     The  Said  town  shall  pay  all  damages  sus- 

tained by  any  person  or  corporation  in  property  by  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement  or  by  any  other  thing  done  by 
said  town  under  the  authority  of  this  act.  Any  person 
or  corporation  sustaining  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  town  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken  for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  three  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  other 
injury  under  the  authority  of  this  act ;  but  no  such  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
Application  for  ycai's.  No  application  for  assessment  of  damages  shall 
bemad^eumif"  bc  made  for  the  taking  of  any  water,  water  right,  or  for 
wuhdmwn."^"^  any  injury  thereto,  until  the  Avater  is  actually  withdrawn 

or  diverted  by  said  town  under  the  authority  of  this  act. 
Loan^tio*^  Section  5.     The  said  town  may,   for  the   purpose  of 

exceed  $30,000.  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  and 
scrip  shall  bear  on  their  face  the  words,  Avon  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 


1889.  — Chapter  236.  943 

treasurer  of  the  town  and  be  countersigned  by  the  water 

commissioners  hereinafter  provided  for.     The  said  town 

may  sell  such  securities  at  public  or  private  sale  or  pledge 

the  same  for  money  borrowed  for  the  purposes  of  this  act 

upon  such  terms  and  conditions  as  it  ma}^  deem  proper. 

The   said  town,  unless  it  avails  itself  of  the  provisions  ToestabUsha 

of  section  six,  shall  provide    at  the  time  of  contracting  ^' 

said  loan  for   the  establishment  of  a  sinking  fund,    and 

shall  annually  contribute  to  such  fund  a  sum  sufficient, 

with  the  accumulations  thereof,  to  pay  the  principal  of 

said    loan    at    maturity.     The    said    sinking    fund    shall 

remain  inviolate  and  pledged  to  the  payment  of  said  loan 

and  shall  be  used  for  no  other  purpose. 

Section  6.     The  said  town,  mstead  of  establishing  a  May  provide  for 
sinking  fund,  may,  at  the  time  of  authorizing  said  loan,  aun"arpropor. 
provide  for  the  payment  thereof  in  such  annual  propor-  n°enu^inetead  of 
tionate  payments  as  will  extinguish  the  same  within  the  giSg^fua^d'! 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  said  town  in  each 
year  thereafter,  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  are 
assessed    under    the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  b}^  section  ninety-  Return  to  state 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  the  et^"""  ° 
amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  section 
and  the  amounts  raised  and  applied  thereunder  for  the 
current  year. 

Section  8.     The  said  town  shall  raise  annually  by  tax-  To  raise  by  tax- 
ation a  sum  which,  with  the  income  derived  from  the  water  rates  sufficient 
rates,  will  be  sufficient  to  pay  the  current  annual  expenses  expensefand 
of  operating  its  w^ater  works,  and  the  interest  as  it  accrues  interest. 
on  the  bonds,  notes  and  scrip  issued  as  aforesaid  by  said 
town,  and  to  make  such  contributions  to  the  sinking  fund 
and  payments  on  the  principal  as  may  be  required  under 
the  provisions  of  this  act. 

Section  9.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for  wii. 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  or  diverting 
this  act,  or  injures  any  structure,  work  or  other  property  '^**^''* 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 


944 


1889.  —  Chapter  236. 


Board  of  water 
commisgioners 
to  be  elected. 


town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the  above  wilful  or  wanton  acts  shall  be  pun- 
ished by  a  fine  not  exceeding  three  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year. 

Section  10.  The  said  town  shall,  after  its  acceptance 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  elect 
by  ballot  three  persons  to  hold  oiBBce,  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  said  town  by  this  act,  and  not  otherwise 
specifically  provide  d  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject  however  to 
such  instructions,  rules  and  regulations  as  said  town  may 
impose  by  its  vote ;  the  said  commissioners  shall  be 
trustees  of  the  sinking  fund  herein  provided  for,  and  a 
majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business  relative  both  to  the  water 
works  and  to  the  sinking  fund.  Any  vacancy  occurring 
in  said  board  from  any  cause  may  be  filled  for  the  remain- 
der of  the  unexpired  term  by  said  town  at  any  legal  town 
meeting  called  for  the  purpose. 

Section  11.  So  much  of  chapter  two  hundred  and 
forty  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
six  as  authorized  the  Stoughton  Water  Company  to  take 
any  source  of  water  within,  or  to  supply  and  distribute 
water  to  and  through,  that  part  of  the  town  of  Stoughton 
which  has  been  set  oft'  and  incorporated  as  the  town  of 
Avon  is  hereby  repealed. 

Section  12.     This  act  shall  take  efiect  upon  itsaccept- 

two.'thii-dB  vote,  ance  by  a  two-thirds  vote  of  the  voters  of  said  town  of 

Avon  present  and  voting  thereon,  at  a  legal  town  meeting 

called  for  the  purpose  within  three  years  from  its  i^assage  ; 

but  the  number  of  meetings  so  called  in  any  year  shall 


Vacancies. 


Repeal. 


Subject  to 
acceptauce  by  a 


not  exceed  three. 


Approved  April  9,  1889. 


1889.  — Chapters  237,  238,  239,  240.  945 


An  Act  fixing  the  times  and  places  for  holding  probate  (7/^^79.237 

courts  in  the  county  of  plymouth. 
Be  it  enacted,,  etc.,,  as  follows: 

Section  1.     Probate  courts  shall  be  held  in  each  year  Terms  of  court 
in  the  county  of  Plymouth,  at  Plymouth  on  the  second  andBmckton. 
Monday  of  every  month  except  August,  and  at  Brockton 
on  the  fourth  Monday  of  every  month  except  July. 

Sectiox  2.     So  much  of  section  forty-eight  of  chapter  Repeal. 
one  hundred  and  fifty-six  of  the  Public   Statutes  as   is 
inconsistent  herewith  is  hereby  repealed. 

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

Approved  April  9,  1889. 

An  Act  to  establish  the  salary  of  the  clerk  of  the  dis-  (^Jfr/jy  OQQ 

TRICT  attorney  FOR  THE  COUNTY  OF  SUFFOLK.  ^ 

Be  it  enacted.,  etc.,,  as  follows: 

Section  1.      The  salary  of  the  clerk  of  the    district  salary  of  cierk. 
attorney  for  the  county  of  Suffolk  shall  be  eighteen  hun- 
dred dollars  a  year,  to  be  so  allowed  from  the  first  day  of 
March  in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  April  9,  1889. 

An  Act  to  establish  the  salary  of  the  assistant  clerk  of  nj^fj^v^  OQQ 

THE   MUNICIPAL    COURT   OF   THE    ROXBURY   DISTRICT   OF  THE   CITY  -^ 

OF   BOSTON. 

Be  it  enacted,,  etc. ,  as  follows  : 

Section  1.     The  annual  salary  of  the  assistant  clerk  of  salary  of  assist- 

,  ,    ,  '^  ant  clerk. 

the  municipal  court  of  the  Roxbury  district  of  the  city  of 
Boston  shall  be  one  thousand  dollars,  commencing  with 
the  first  day  of  January  in  the  year  eighteen  hundred  and 
eighty-nine. 

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

Approved  April  9,  1889. 

An  Act  to  confirm  the  doings  of  the  trustees  of  the  san-  f^Jjfy^  04() 

DERSON    ACADEMY    AND    SCHOOL    FUND,    TO    CONFIRM    THE    TITLE  -^' 

OF  THE  PRESENT  TRUSTEES,  TO  CHANGE  THE  NAME  OF  AND  TO 
AUTHORIZE  THE  SALE  OF  CERTAIN  REAL  ESTATE  BY  SAID  COR- 
PORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All    acts    done   by   the    Trustees    of   the  Acts  of  trustees 
Sanderson   Academy  and    School   Fund,  in  the  town  of '"'''''' ^'''''*- 


946 


1889.  —  Chapter  241. 


Present  acting 
trustees  con- 
firmed as 
trustees. 


2same  changed. 


May  sell  land 
and  building. 


Proceeds  of 
sales  to  be  held 
by  trustees. 


Chap, 


Ashfield,  between  the  twenty-first  day  of  August  in  the 
year  eighteen  hundred  and  twenty-one  and  the  passage  of 
this  act  are  hereby  made  valid  and  confimied  to  the  same 
extent  as  they  would  have  been  valid  had  meetings  of 
said  trustees  been  held  and  officers  thereof  elected  in 
each  year  between  said  dates,  and  had  records  of  all 
such  meetings  been  preserved. 

Section  2.  Henry  S.  Ranney,  Albert  W.  Crafts, 
Charles  Eliot  Xorton,  Charles  Howes,  Alvin  Hall,  Archi- 
bald D.  Flower,  Frederick  L.  Greene  and  Frederick  G. 
Howes,  the  present  acting  trustees,  are  hereby  confirmed 
as  tnistees  of  said  academy  and  school  fund. 

Sectiox  3,  The  Trustees  of  the  Sanderson  Academy 
and  School  Fund,  in  the  town  of  Ashfield,  shall  hereafter 
take  the  name  of  and  be  called  and  known  as  the  Trustees 
of  Sanderson  Academy. 

Section  4.  The  Trustees  of  the  Sanderson  Academy 
and  School  Fund  may  sell  and  convey  at  private  or 
public  sale  the  parcel  of  land  on  the  southerly  side  of  the 
main  street  in  Ashfield  upon  which  the  school  building  of 
said  corporation  now  stands,  together  with  the  building 
thereon  standing,  and  may  give  to  the  purchaser  or  pur- 
chasers good  title  free  of  an}'  trusts. 

Section  5.  The  proceeds  of  any  sale  or  sales  made 
under  the  provisions  of  the  preceding  section  shall  be 
held  by  said  Trustees  of  the  Sanderson  Academy  and 
School  Fund  upon  the  same  trusts  as  such  real  estate  is 
held. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1889. 


241    ^^    ^^"^    RELATING     TO    THE    QUARTERLY    RETURNS     OF     RAILROAD 

CORPORATIONS. 


Quarterly 
returns  lo  be 
made  to  com- 
missioners. 


Be  it  enacted,,  etc.,  as  follows  : 

Every  railroad  corporation  operating  a  railroad  within 
the  Commonwealth  shall  transmit  to  the  board  of  rail- 
road commissioners  quarterly  financial  statements  in  such 
detail  and  at  such  times  as  said  board  may  require,  and 
such  statements  shall  at  reasonable  times  be  opened  to 
public  inspection.  Approved  April  9,  1889. 


1889.  — Chapters  242,  243.  947 


Ax  Act  to  increase  the  salary  of  the  justice  of  the  urxic-  QJiQjy^^^^ 

IPAL    COrRT    OF    THE    SOUTH    BOSTON    DISTRICT    OF    THE    CITY   OF 
BOSTON. 

Be  it  enacted^  etc.,  as  foUoics: 

Sectiox  1.     The  salary  of  the  justice  of  the  municipal  j?^*^^."' 
court  of  the  South  Boston  district  of  the  city  of  Boston 
shall  be  twenty-five  hundred  dollars  per  annum,  to  be  so 


^02^.243 


allowed  from  the  first  day  of  January  in  the  year  eight- 
een hundred  and  eighty-nine. 

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

Approved  April  9,  1889. 

An  Act  permitting  the  establishment  of  a  fire  district  in 
the  town  of  hinsdale. 

Be  it  enacted.)  etc. ,  as  follows : 

Section  "1.  A  fire  district  may  be  established  in  the  nre  district 
town  of  Hinsdale  to  include  all  the  ten-itory  within  Slj^dli^^ 
the  following  limits,  that  is  to  say :  Beginning  at  a  stone  of  si^^^^^e. 
monument  on  the  westerly  side  of  the  reservoir  road,  so 
called,  at  or  near  the  southeast  comer  of  lands  of  G.  T. 
Plunkett.  the  same  being  the  northeast  comer  of  lands  of 
Martin  Baxter,  and  running  along  the  stone  wall  which 
fonns  the  division  line  of  lands  of  said  Plunkett  and 
Baxter  north  seventy-seven  degrees,  thirteen  minutes  west 
five  hundred  and  fifteen  feet  to  a  stone  monument  at  or 
near  the  northwest  comer  of  the  said  Baxter  lot ;  thence 
northerly  about  three-fifths  of  one  mile  to  a  stone  monu- 
ment at  or  near  the  northwest  comer  of  lands  formerly  of 
John  Kinney  and  the  southerly  line  of  the  Eobinson 
fami ;  thence  along  the  said  southerly  line  of  said  Rob- 
inson foiTU  as  shown  by  a  stone  wall  south  eighty-one 
degrees,  fifty  minutes  east  to  the  easterly  side  of  a  high- 
way leading  by  the  dwelling-house  of  said  Robinson  to 
Dalton ;  thence  northerly  about  one  mile  to  a  stone 
monument  on  the  town  line  near  the  Catholic  cemetery 
where  -the  highway  crosses  from  Hinsdale  into  Dalton. 
said  last  mentioned  highway  being  the  first  highway  west 
of  the  Boston  and  Albany  railroad  ;  thence  easterly  along 
said  town  line  crossing  the  Boston  and  Albany  i-ailroad 
and  the  Housatonic  river  about  three-foiuths  of  one  mile 
to  a  stone  monument  at  an  angle  in  the  said  town  line  ; 
thence  southeasterlv  about  one  and  one-tenth  miles  to  a 


948 


1889.  — Chapter  243. 


Limits  of  pro- 
posed district, 
number  of 
voters,  etc.,  to 
be  stated  in  the 
petition. 


Board  of  com- 
missioners to 
be  elected. 


Vacancies. 


stone  monument  on  the  westerh'  side  of  the  road  leading 
from  Maple  street  to  Windsor  at  the  point  where  Potash 
brook,  so  called,  crosses  said  road ;  thence  southerly 
about  one-half  a  mile  to  the  southeast  corner  of  the  prop- 
erty now  owned  by  the  Hinsdale  Co-operativ^e  Creamer}^ 
Association  ;  thence  south  eighty  degrees,  fifteen  minutes 
west  about  one  and  one-quarter  miles  to  the  place  of 
beginning. 

Section  2.  Before  the  district  is  constituted  and 
organized  a  petition  shall  be  presented  to  the  town  at  a 
legal  meeting,  stating  the  limits  of  the  proposed  district, 
the  number  of  inhabitants,  the  number  of  voters  and  the 
amount  of  taxable  propert}^  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  fiivor  of  constituting  and  organizing  said  district, 
the  inhabitants  of  the  said  district  may  proceed  to  con- 
stitute and  organize  the  same  in  accordance  with  the 
provisions  of  the  laws  relating  to  fire  districts.  If  at 
said  meeting  the  town  shall  not  vote  in  favor  of  consti- 
tuting and  organizing  said  district,  said  town  may  vote  in 
favor  of  constituting  and  organizing  the  same  at  any  legal 
meeting  called  for  that  purpose  and  in  the  manner  herein 
provided,  w^ithin  three  years  from  the  passage  of  this 
act ;  the  number  of  said  meetings  called  for  that  purpose 
in  any  one  year  not  to  exceed  two. 

Section  3.  The  legal  voters  of  the  said  fire  district 
of  the  town  of  Hinsdale  shall,  within  one  year  from  the 
ortjanizins:  of  said  district,  at  a  meeting  called  for  the 
purpose,  choose  by  ballot  a  board  of  three  commissioners, 
who  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  inhabitants  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  regu- 
lar annual  meeting  of  said  district  choose  by  ballot  three 
such  commissioners,  who  shall  serv^e  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  commissioners 
shall  be  sworn  and  shall  receive  no  compensation. 


1889.  — Chapter  243.  949 

Section  4.     Said  district  may,  at  meetino-s  called  for  Board  to  expend 

.  1      ,  .  f        J^  ۥ  '  1    money  raised  by 

tliat  purpose,  raise  money  lor  the  purpose  or  carrying  out  the  district. 
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  ])y  the  district  and  shall  have  no 
authority  to  1)ind  the  district  to  the  payment  of  money  in 
excess  of  its  appropriation  or  for  any  purpose  not  speci- 
tied  by  the  vote  of  the  district  appropriating  the  same. 
But  said  district  shall  not  during  any  year  raise  by  tax 
any  amount  of  money  exceeding  one-tenth  of  one  per 
cent,  of  the  taxable  property  in  said  district. 

Sectiox   5.     The    clerk    of  the    district    shall,    on    or  cierk  of  district 
before  the  first  day  of  May  of  each  year,  certify  to  the  asve'ssois  of 
assessors  of  the  town  of  Hinsdale  all  sums  voted  to  be  voted't'o^be"™* 
raised    by  the    district   during   the    year   last    preceding  '-'''s'^d. 
under   the    provisions    of  this  act,  which  sums  shall   be 
assessed  and  collected  by  the  officers  of  the  town  in  the 
same  manner  as  town  tuxes  are  assessed  and  collected, 
and  shall  be  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  6.     It  shall  be  the  duty  of  said  board,  under  Board  to  have 
the  supervision  and  direction  of  said  district,  to  construct,  dra^D^,  common 
reconstruct,  erect,  repair,  maintain  and  have  charge  of  underdhe^cuon 
all  main  drains  constructed   by   it,   and  of  all  common  of  the  district. 
sewers,  sidewalks,  lamp  posts,  street  lamps  and  street 
hydrants    in    said  fire  district,  and    have  charge  of  the 
sprinkling  of  the  streets  therein  and  of  all  matters  per- 
taining thereto  as  herein  provided  ;  and  to  construct  such 
crosswalks  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-  xo  determine 
mine  the  grade,  width  and  material,  including  curbstone,  mTteria/of 
of  all  sidewalks  on  the  pul^lic  streets  and  highways  of  «i''«^^''"^«- 
said   district,   and  to   construct,   reconstruct   and   repair 
such  sidewalks  in  accordance  with   such   determination. 


950  1889.  — Chapter  2^3. 

Upon  the  completion  of  any  sidewalk  by  said  board  or 
the  completion  of  the  reconstrnction  or  repair  of  any 
sidewalk,  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  be  made,  and  shall  assess  a  portion  not  exceed- 
ing one-half  the  amount  of  the  same  upon  all  the  lands 
which  abut  on  such  sidewalk  so  made,  reconstructed  or 
repaired. 
hLwceitMin'"^  Section  8.  Said  board  shall  have  power  to  determine 
obBtnictions  whcu,  iu  what  manner  and  to  what  extent  snow,  ice, 
from  sidewalks,  grass,  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  approval 
of  said  fire  district,  and  also  by-laws  and  }ienalties  pro- 
hibiting the  deposit  of  ashes,  garbage,  filth  or  other  refuse 
matter  on  the  streets  and  sidewalks  within  the  limits  of 
said  district. 
bi''dug''u''p,"etc*°  Section  9.  No  sidewalk  graded,  constructed,  recon- 
of  the"boarr^"'  structcd  or  repaired  in  said  district,  in  conformity  to  the 
provisions  of  this  act,  shall  be  dug  up  or  obstructed  in 
any  part  thereof  without  the  consent  of  said  board ;  and 
whoever  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  than  five  dollars  for  each  violation  of  the  provi- 
sion of  this  section. 
Fire  district  Section  10.     Said  fire  district,  at  meetings  called  for 

may  order  board   ji      ,  i  •  i     i  i     j  '~u_         ^. 

to  construct  tuat  purposc,  may  order  said  board  to  construct  cross- 
crosswaiks.  walks  in  any  of  the  streets  in  said  district  on  which  they 
have  authority  to  construct  sidewalks.  Said  board  shall 
construct  all  such  crosswalks  at  the  expense  of  said  dis- 
trict and  shall  repair  and  reconstruct  the  same  when 
ordered  by  said  district,  and  at  its  expense. 
Board  to  lay,  SectionII.     Said  board  shall  lay,  make,  reconstruct 

fs^vo'teTby'^'""^  antl  maintain   in  said  district  all  such  main  drains  and 
district.  common  sewers  as  said  district,  at  a  legal  meeting  called 

for  that  purpose,  shall  by  vote  adjudge  to  be  necessary 
for  the  public  convenience  or  the  public  health,  and  may 
repair  the  same  from  time  to  time  whenever  necessary ; 


1889.  — Chapter  2^3.  951 

and  for  these  purposes  may  take,  in  the  manner  hereafter 
})rovided,  any  land,  property  or  right  which  in  their  opin- 
ion may  be  necessary  therefor. 

Section  12.  Main  drains  and  common  sewers  may  be  Main  drains  and 
constructed  in  said  district  by  said  district  which  shall  be  to  be  property 
the  property  of  said  district  and  shall  be  under  the  charge  °f  district,  etc. 
and  control  of  said  board,  who  shall  have  the  [)ower  and 
authority  to  regulate  the  use  of  the  same  and  to  prescribe 
the  mode,  terms  and  conditions  in  which  the  same  shall 
be  entered  by  private  drains.  And  no  person  shall  be 
allowed  to  enter  or  discharge  into  a  main  drain  or  com- 
mon sewer  of  said  district  any  private  drain  except  by 
leave  of  said  l)oard  and  on  such  terms  and  conditions  as 
said  board  shall  prescribe  ;  and  all  such  private  drains 
entering  any  such  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  concern- 
ing the  same  as  though  the  same  were  constructed  by  said 
board  under  this  act.  The  provisions  of  this  section  shall 
apply  to  and  govern  the  use  of  all  sewers  and  drains  in 
said  district  constructed  by  it  and  to  the  compensation, 
terms  and  conditions  to  be  made  for  such  use,  whether 
the  same  have  been  heretofore  or  shall  hereafter  be  con- 
structed. 

Section  13.     All  assessments  made  by  said  board,  as  AsBessments to 
provided  for  in  this  act,  shall  constitute  a  lien  on  the  real  iien\ipon  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,     k^aid 
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  da^^s  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  Levy  to  be  made 
shall  not  be  paid  within  three  months  from  the  publica-  paymenrof 
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-payment 


952 


1889.  —  Chapter  243. 


Money  collected 
to  be  paid  over 
to  treasurer  of 
district. 


Aspessnient 
invalid  by 
error  may  be 
reassesscil. 


Person 

aggrieved  may 
have  a  trial  by 
jury. 


Description  of 
land  taken  to 
be  recorded  in 
the  registry  of 
deeds. 


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  priv- 
ileges conferred  by  the  general  laws  of  the  Commonwealth 
upon  collectors  of  taxes  and  upon  cities  and  towns  and 
their  officers  relating  to  the  sales  of  land  for  the  non-pay- 
ment 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  b}^  him 
from  taxes  assessed  for  said  district  by  the  assessors  of 
Hinsdale. 

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  back  or  which  has  been  enforced  by  an 
invalid  sale,  may  be  re-assessed  by  the  aforesaid  board 
of  commissioners  for  the  time  lieing  to  the  just  amount 
which,  and  upon  the  estate  upon  which,  such  assessment 
ought  at  first  to  have  been  assessed  ;  and  the  assessment 
then  re-assessed  shall  be  paj^able  and  shall  be  collected 
and  enforced  in  the  same  manner  as  other  assessments. 

Section  15.  Any  person  aggrieved  by  an  assessment 
made  by  said  board  may,  at  any  time  within  three  months 
from  the  ]  lublication  of  the  list  of  such  assessment  as  pro- 
vided in  the  preceding  section,  apply  by  petition  to  the 
superior  court  for  the  county  of  Berkshire,  and  after  due 
notice  to  the  said  fire  district  a  trial  shall  be  had  at  the 
bar  of  said  court  in  the  same  manner  in  which  other  civil 
causes  are  there  tried  by  jury  ;  and  if  either  request  it  the 
jury  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  objection  to  the 
assessments ;  and  to  such  specification  he  shall  be  con- 
fined 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. 

Section  16.  "Whenever  land  is  taken  b}"  virtue  of  the 
provisions  of  section  eleven,  the  said  board  shall  within 
sixty  days  after  any  such  taking  file  in  the  registry  of 


1889.  — Chapter  243.  953 

deeds  of  the  middle  district  of  the  county  of  Berkshire  a 
description  of  any  lands  so  taken  sufficiently  accurate  for 
identitication,  and  a  statement  of  the  purpose  for  which  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  successors.  Damages  for  land  so  Daraages  to  be 
taken  shall  be  paid  by  said  tire  district;  and  any  person  drstrict'. '"^^ 
aggrieved  by  the  taking  of  his  land  under  this  act,  and 
failino;  to  aoree  with  said  board  as  to  the  amount  of  dam- 
ages,  may,  upon  a  petition  filed  with  the  county  commis- 
sioners of  the  county  of  Berkshire  within  one  year  from 
the  filing  of  the  description  thereof  in  the  registry  of 
deeds,  have  his  damages  assessed  and  determined  in  the 
manner  provided  when  land  is  taken  for  highways ;  and 
if  either  party  is  not  satisfied  with  the  award  of  damages 
by  the  county  commissioners,  and  shall  apply  for  a  jury 
to  revise  the  same,  the  fire  district  shall  pay  the  damages 
awarded  by  the  jury,  and  shall  pay  costs  if  the  damages 
are  increased  by  the  jury,  and  shall  recover  costs  if  the 
damages  are  decreased  ;  but  if  the  jury  shall  award  the 
same  damages  as  were  awarded  by  the  county  commis- 
sioners the  party  who  applied  for  the  jury  shall  pay  costs 
to  the  other  party. 

Section  17.      Penalties  under  the  provisions  of  this  Penalties  may 

•  DC  rGcovfrcd 

act  and  under  any  by-laws  established  m  pursuance  byanacuon 
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  :  j^^'ovided,  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  inhabitant  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  Provisions  of 

y-^  11  Tii,i>  T    J     •    1  ^  j_'  general  laws 

Commonwealth,  applicable  to  hre  districts  and  not  incon-  to  apply, 
sistent  with  this  act,  shall  apply  to  the  fire  district  of  the 
town  of  Hinsdale  organized  as  herein  provided.  Nothing 
herein  contained  shall  be  construed  to  interfere  with  the 
authority  of  surveyors  of  highways  or  any  authority  of  the 
town  or  its  agents  which  can  be  legally  exercised  over 
highways  or  roads.  But  the  town  of  Hinsdale  shall  repair 
any  injury  done  to  sidewalks  in  said  district  by  the  offi- 


954 


1889.  —  Chaptek  244. 


Authority  of 
Hiiiedalu  to 
construct  side- 
walks, etc., 
suspended. 


Damages  and 
costs. 


cers  of  said  town  by  reason  of  any  raising,  lowering  or 
other  act  done  for  the  purpose  of  repairing  a  highway  or 
townway  ;  and  whenever  any  crosswalks  shall  be  torn  up 
or  injured  hythe  officers  of  the  town  of  Hinsdale  in  mak- 
ing, 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 
Hinsdale  to  construct  sidew^alks,  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  a  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 
tire  district,  if  the  fire  district  has  had  reasonable  notice 
to  defend  the  action,  the  said  town  may  recover  of  the  fire 
district  in  addition  to  the  damages  all  costs  of  both  plain- 
tiff and  defendant  in  the  action. 

Section  20.     This  act  shall  take  effect  upon  its  passage. 

Approved  Axwil  11^  1889. 


ChaiJ. 


244   -^^    ^^"^    CONCERNING    A   WATER    SUPPLY   FOR    THE    FIRE    DISTRICT 
AND  INHABITANTS   OF  THE   TOWN   OF   HINSDALE. 


Be  it  enacted,  etc.,  as  follows: 
Water  supply         Section  1.     UpoH  the  establishment  and  oro-anization 

for  a  hre  018-  ^  ,.         ..^,  /•tt-ti  ii 

trict  in  thetown  of  a  firc  district  iH  the  town  of  Hmsdale  under  the  pro- 
visions of  an  act  entitled,  An  Act  permitting  the  estab- 
lishment of  a  fire  district  in  the  town  of  Hinsdale,  enacted 
in  the  year  eighteen  hundred  and  eighty-nine,  said  fire 
district  may  supply  itself  and  the  inhal)itants  of  the  town 
of  Hinsdale  with  water  for  the  extinguishment  of  fires  and 
for  domestic  and  other  purposes  ;  may  establish  fountains 
and  hydrants,  relocate  or  discontinue  the  same  ;  may  regu- 
late the  use  of  such  water  and  fix  and  collect  rates  to  be 
paid  for  the  use  of  the  same. 

Section  2.  The  said  fire  district  may  for  the  purposes 
aforesaid  take  by  purchase  or  otherwise,  and  hold  the 
waters  from  the  Steam  Saw-mill  brook,  so  called,  in  said 
town  of  Hinsdale  and  all  other  brooks  and  streams  near 
the  same  as  the  said  fire  district  may  determine,  and  the 
waters  which  flow  into  and  from  the  same,  together  with 


May  take  waters 
of  Steam  Saw- 
mill brook. 


1889.  —  Chapter  244.  955 

any  and  all  water  rights  connected  therewith,  and  also 
all  lands,  rights  of  way  and  easements  necessary  for 
holding  and  preserving  such  water,  and  for  conveying 
the  same  to  any  part  of  said  town  of  Hinsdale  ;  and  may 
erect  on  the  land  thus  taken  or  held  proper  dams,  build-  May  prect  dams 

^  II'  and  other 

mgs,  fixtures  and  other  structures,  and  may  make  excava-  suuctuies. 
tions,  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,  railroads,  or  public  or  private  ways,  and  along 
any  such    way  in  such    manner  as  not    unnecessarily  to 
obstruct  the  same  ;  and  for  the  purpose  of  constructing, 
maintaining  and  repairing  such  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  fire 
district  may  dig  up  any  such  lands  and,  under  the  direc-  May  dig  np 
tion  of  the  board  of  selectmen  of  the  town  in  which  such  direcik)n  of  the 
ways    are    situated,    may   enter    upon    and    dig  up    any  selectmen. 
such  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  public  travel  on  such  ways. 

Section  3.     The  said  fire    distript  shall,  within  sixty  to  cause  to  be 

^  c  jIji-  c  it  •     ^  1  c  j  recorded  in  the 

davs  alter  the  takmg  ot  an}^  lands,  rights  oi  way,  water  registry  of 

•  *]   ,  ,  ,  '  (•  •  1         li  •         deeds  a  descrin- 

riglits,  water  sources  or  easements  as  aioresaid,  otherwise  tion  of  land, 
than  by  purchase,  file  and  cause  to  be  recorded  in  the  ^^" ' '"'^°"' 
registr}^  of  deeds  for  the  registry  districts  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, 
siirned  by  the  water  commissioners  hereinafter  provided 
for. 

Section  4.  Said  fire  district  shall  be  liable  to  pay  all  ^i;;!'^^!^"'* 
damages  to  property  sustained  by  any  person  or  corpo- 
ration by  the  taking  of  any  lands,  water  or  water  rights 
by  said  fire  district,  or  by  the  laying  or  maintaining  of 
an}^  aqueducts  or  other  works  for  the  .purposes  aforesaid. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said, and  unable  to  agree  with  the  said  district  upon  the 
amount  of  such  damages,  may  have  them  assessed  in 
the  manner  provided  by  law  with  respect  to  land  taken 
for  highways.  Any  person  or  corporation  whose  water 
rights  are  thus  taken  or  affected  may  apply  as  aforesaid 
within  three  years  from  the  time  the  water  is  actually 
withdrawn  or  diverted,  and  not  thereafter. 


956 


1889.  —  Chapter  2U. 


Hinsdale  Fire 
District  Water 
Loan  not  to 
exceed  $40,000. 


Sinking  fund  to 
bo  established. 


Town  of  nins- 
dale  may  guar- 
antee payment 
of  notes,  etc. 


Penalty  for 
wilfully  pollut- 
ing or  diverting 
water. 


Section  5.  The  said  fire  district  may,  for  the  purpose 
of  paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  forty  thousand  dollars  ;  such  bonds,  notes  and 
scrip  shall  bear  on  their  foce  the  words,  Hinsdale  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  the  fire  district,  be  counter- 
signed by  the  chairman  of  the  prudential  committee  of 
said  fire  district  and  by  the  chairman  of  the  water  com- 
missioners. The  said  fire  district  may  sell  such  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. 

Section  6.  The  said  fire  district  shall  establish  a 
sinking  fund  and  shall  annually,  after  five  years  from  the 
acceptance  of  this  act  by  said  fire  district,  contribute  to 
such  fund  a  sum  sufficient  with  the  accumulations  to  pay 
the  principal  of  said  loan  at  maturity.  The  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose  :  provided^ 
that  the  said  town  or  fire  district  may,  instead  of  estab- 
lishing said  sinking  fund,  pay  the  principal  of  said  loan 
by  annual  instalments  not  exceeding  the  sum  of  two 
thousand  dollars  in  one  year.  The  said  fire  district  shall 
assess  and  collect  upon  the  estates,  real  and  personal,  in 
said  fire  district  by  taxation  a  sum  which  with  the  income 
derived  from  the  water  rates  wxW  be  sufficient  to  pay  the 
current  annual  expenses  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  notes,  scrip  or  certificates 
of  debt  issued  as  aforesaid  by  said  fire  district,  and  to 
make  such  contributions  to  the  sinking  fund  or  payments 
on  the  principal  as  may  be  required  under  this  act. 

Section  7.  The  town  of  Hinsdale  may,  upon  a  two- 
thirds  vote  of  the  legal  voters  present  and  voting  thereon 
at  a  legal  meeting  called  for  the  purpose,  guarantee  the 
payment  of  said  notes,  scrip  or  certificates,  provided  such 
meeting  is  held  within  one  year  from  the  acceptance  of 
this  act  by  said  fire  district. 

Section  8.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes   or   diverts   any  of  the  water  taken  under   this 


1889.  — Chapter  244.  957 

act,  or  destroys  or  injures  any  dam,  conduit,  hydrant, 
machinery  or  other  works  or  property  held,  owned  or 
used  by  said  district  under  authority  of  and  for  the  pur- 
poses of  this  act,  shall  forfeit  and  pay  to  the  said  district 
three  times  the  amount  of  damage  assessed  therefor,  to 
be  recovered  in  an  action  of  tort ;  and  on  conviction  of 
any  of  the  acts  aforesaid  may  be  punished  by  a  fine  not 
less  than  twenty  nor  more  than  three  hundred  dollars  or 
by  imprisonment  in  jail  not  exceeding  one  year  or  by  an 
infliction  of  both  the  above  penalties. 

Section  9.     At  the  meeting  of  said  fire  district  called  f°!f™r.lT[^ 

_  o  ^  to  be  elected  to 

for  the  acceptance  of  this  act,  or  at  any  le2;al   meeting  contract  for  and 

,,,„  ,'.  ,  iiiiijii         superintend 

called  lor  this  purpose,  three  persons  shall  be  elected  by  construction  of 

ballot   to    contract  for  and  superintend  the    construction 

and  completion  of  the  water  works,  who    shall  exercise 

all  rights,  powers  and  privileges  for  that  purpose  herein 

granted,  subject  however  to  instructions    and    directions 

of  the   fire  district,  and  who  shall  constitute  a  board  of 

water  commissioners ;  one  of  said  three  persons  shall  be 

elected  for  the  term  of  three  years  from  the  time  of  the 

annual  meeting  of  said  fire  district  at  which  he  is  chosen, 

one  for  a  term  of  two  years,  and  one  for  a  term  of  one 

year,  after  which  first  election  one  member  of  said  board, 

as  the  term  of  each  incumbent  expires,  shall  be  elected 

at  the    annual  district  meeting  to  serve  for  the  term  of 

three  years.     The    said  commissioners    shall  be  trustees  To  be  trustees 

of  the  sinking  fund  herein  provided  for.     Said  board  of  fund!  *^"  '"^ 

commissioners  shall  have  charge  of  the  w^ater  works  and 

may  fix  the  price  of  rent  for  the  use  of  water,  and  may 

exercise  all  the  rights,  powers  and  authority  granted  to 

said  district  by  this  act  relative  to   such  duties,  subject 

however   to  such  instructions,  rules   and   regulations    as 

said  district  may  impose  by  its  vote,  and  a  majority  of 

said  board  of  commissioners  shall  constitute  a  quorum  for 

the  transaction  of  business  relative  to  the    water  works 

and  the   sinking  fund.      Any  vacancy  occurring  in  said  Vacancies. 

board  of  commissioners    from  any  cause    may    be    filled 

by    said    district    at   any  legal  district   meeting   for   the 

unexpired  term. 

Section  10.     This  act  shall  take  effect  upon  its  pas-  subject  to 
sage,  but  no  expenditure   shall  be  made  or  liabilit}^  in-  ^MUiL'thl-ee 
curred  under  the   same,  except  for  preliminary  surveys  thhdsvote!^"" 
and  estimates,  unless  this  act  shall  first  be  accepted  by  a 
vote  of  two-thirds  of  the  legal  voters  of  said  fire  district 


958 


1889.  — Chapter  245. 


Commissioners 
of  public  insti- 
tutions ni  tlie 
cit3'  of  Boston 
and  of  the 
county  of 
Suffoils  to  be 
appointed. 


present  and  voting  thereon  at  a  legal  meeting  called  for 
that  purpose  within  three  years  from  the  estal)lishment 
and  organization  of  said  fire  district  in  said  town,  the 
number  of  said  meetings  called  for  that  purpose  in  any 
one  year  not  to  exceed  two.  '      Approved  April  12,  1889. 

ChCl]J.24:0  ^^  ^^'^  "^O  ESTABLISH  THE  COMMISSIONERS  OF  PUBLIC  INSTITUTIONS 
AND  TO  PLACE  IN  THEIR  CHARGE  THE  PUBLIC  INSTITUTIONS  OF 
THE   CITY   OF   BOSTON   AND   COUNTY   OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1 .  The  mayor  of  the  city  of  Boston  shall  ap- 
point, subject  to  confirmation  by  the  board  of  aldermen, 
three  able  and  discreet  men,  inhabitants  of  said  city,  who 
shall  constitute  a  board  of  said  city  to  be  known  as  the 
commissioners  of  public  institutions,  and  who  shall  hold 
ofiice,  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  April  in  the  year  eighteen  hun- 
dred and  eighty-nine  ;  and  annually  thereafter  the  mayor 
shall  appoint,  subject  to  confirmation  as  aforesaid,  one 
such  commissioner  to  hold  ofiice  for  the  term  of  three 
years,  beginning  with  the  first  Monday  in  April  in  the 
year  of  his  appointment.  Any  vacancy  occurring  shall  be 
filled  by  the  appointment,  as  aforesaid,  of  a  commissioner 
for  the  remainder  of  the  unexpired  term.  The  members 
of  said  board  shall  each  receive  a  salary  of  three  thousand 
dollars  per  year  or  such  larger  salary  as  the  said  city  may 
by  ordinance  provide.  The  provisions  of  chapter  two 
hundred  and  sixty-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five  shall  apply  to  said  board  and  to 
the  members  thereof. 

Section  2.  The  said  board  of  commissioners  of  pub- 
lic institutions  shall  have  the  charge  and  control  of  all  the 
public  institutions  of  the  city  of  Boston  and  of  the  county 
of  Sufiblk  which  are  now  under  the  charge  and  control  of 
the  board  of  directors  for  public  institutions,  and  they 
shall  have  and  enjoy  all  the  powers  and  authority  and  be 
subject  to  all  the  duties  and  limitations  now  held  by  or 
imposed  upon  said  last  named  board. 

Section  3.  This  act,  so  far  as  relates  to  the  appoint- 
ment of  said  commissioners,  shall  take  effect  upon  its  pas- 
sage, and  for  all  other  purposes  shall  take  effect  on  the 
first  Monday  in  May  in  the  year  eighteen  hundred  and 
eighty-nine.  Approved  April  12,  1889. 


Vacancies. 


Salaries. 


To  have  chnrge 
of  all  pulilic 
institutions  of 
the  city  and 
county. 


When  to  take 
effect. 


1889.  — Chapter  246.  959 


An  Act  to  provide  for  the  passage  op  vessels  through  the  (7/ift?9.2d6 

DRAWS   OF  certain   BRIDGES   OVER   CHARLES   RIVER. 

Be  it  e7iacted,  etc. ,  as  follows : 

Section  1.     The  railroad  companies  entering  the  city  Passage  of 
of  Boston  on  the  northerly  side  thereof,  across  Charles  draws^n  "^""^ 
river,  and  owning  or  controlling  bridges  over  said  river,  chadesRiver. 
shall  open  and  keep  open  the  draws  of  said  bridges  so 
often  and  so  long  as  may  be  necessary  to  allow  the  safe 
and  convenient  passage  of  any  vessel  through  all   said 
draws  within  twenty-four  hours  from  the  time  of  said  ves- 
sel reporting  as  hereinafter  provided  ;  and  no  vessel  shall  yessei  not  to  be 

,'.&  f       '  T     1  1  •!  detained  more 

be  detained  at  anyone  oi  said  draws  longer  than  six  hours  than  six  hours. 
without  said   draw  being  so   opened  as  to  give  her  an 
opportunity  to  pass  through. 

Section  2.     Any  person  having  charge  of  a  vessel  and  ^"aJrmaybe 
intending  to  pass  the  same  throus^h  said  draws,  upon  its  i;epoitedto 

1     ~       1    '^    r,  /••IT  1  •-!•  draw-tender. 

arrival  at  the  nrst  ot  said  draws  up  or  down  said  river, 
may  report  such  arrival  to  the  draw-tender  thereon  or  to 
such  other  suitable  person  in  charge  of  said  draw  as  may 
be  appointed  by  said  companies,  who  shall  make  a  record 
of  such  report.  The  time  herein  provided  for  the  passage 
of  said  vessel  through  all  said  draws  shall  beoin  to  run 
from  the  time  of  so  reporting. 

Section  3.  Any  vessel  detained  in  her  passage  through  ^a^,°°^/e7for 
said  draws,  or  any  of  them,  for  a  longer  time  than  herein  detention. 
stated,  by  failure  of  said  companies  or  either  of  them  to 
open  said  draw  or  draws  as  herein  provided,  shall  be 
entitled  to  damages  for  such  detention,  to  be  recovered  in 
an  action  at  law  against  said  companies  jointly,  or  either 
of  them.  The  measure  of  damages  shall  be  at  the  rate  of 
eight  cents  per  ton  of  the  registered  tonnage  of  said  ves- 
sel for  every  day  or  fraction  of  a  day  of  such  detention  : 
provided,  hoicever,  that  no  more  than  three  vessels  that 
have  not  arrived  and  reported  shall  recover  damages  for 
any  one  default,  under  this  act,  of  said  companies  or  of 
either  of  them. 

Section  4.     Between  the  hours  of  twelve  o'clock  mid-  P'awstobe 

•     1  !•  iii'i  •  ii^'ii  kept  open  for 

niffht  and  six  o  clock   in  the  mornino-  all  ot  said  draws  two  consecutive 


'O' 


hours  between 


11111,  p  ^  Iji  j_'  iidurs  uetweeL 

snail   be    kept  open  tor  two  and  the   same    consecutive  midniiiht  and 
hours,  said  hours  to  be  designated  by  said   companies:  ^ix  o'clock  a.m. 
provided,  hoivever,  that  during  said  two  hours  any  of  said  I'^oviso. 
drawls  may  be  closed  for  the  passage  of  any  special  train 
and   for   ten  minutes  before   and  ten  minutes   after  the 


960 


1889.  — Chapters  247,  248.. 


Railroads  to 
make  mutual 
arrangement. 


Repeal. 


passage  of  such  train  ;  and,  provided,  further,  that  said 
draws  need  not  be  so  kept  open  when  there  is  no  vessel 
intending  to  pass  through. 

Section  5.  It  shall  be  the  duty  of  the  railroad  com- 
panies owning  or  controlling  said  draws  to  make  such 
mutual  arrangement  as  may  be  necessary  to  carry  out  the 
provisions  of  this  act. 

Section  6.  This  act  shall  take  effect  upon  its  passage, 
and  any  acts  heretofore  passed  inconsistent  herewith  are 
hereby  repealed.  Approved  April  12,  1889. 


Chciv,^^  An  Act  to  authorize  the  city  of  newburyport  to  discon- 
tinue CERTAIN  COMMON  LANDING-PLACES  IN  SAID  CITY,  AND  FOR 
other   PURPOSES. 

He  it  enacted,  etc.,  as  follows: 

un'^uelieTa^n  Section  1.     Liccuse  is  givcu  to  the  city  of  Newbury- 

pubiic  landings.  pQ^.^  ^q  discoutinuc  all  the  common  landing-places,  known 
as  town  and  public  landings,  situated  between  the  New- 
buryport bridge  over  Merrimac  river  and  Central  wharf 
in  said  city ;  and  to  fill  up,  use  and  improve  the  flats 
where  said  landing-places  now  are.  Said  filling  shall  not 
extend  beyond  the  harbor  line  as  established  by  chapter 
three  hundred  and  sixteen  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-three  and  shall  be  subject  to  the 
provisions  of  chapter  nineteen  of  the  Public  Statutes. 

Section  2.  The  public  landing-place  situated  opposite 
the  foot  of  Green  street  between  Brown's  wharf  and  Mer- 
cantile wharf,  and  included  in  section  one,  shall  be  used 
and  improved  only  as  a  public  park. 

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

Appi'oved  April  12,  1889. 


Public  park. 


Time  for 

construction 

extended. 


Chcip.24:S  ^N  ^*^T  '^'^   extend    THE   TIME   FOR  THE    CONSTRUCTION    AND   COM- 
PLETION  OF   THE   BOSTON,   WINTHROP   AND   SHORE   RAILROAD. 

Be  it  enacted,  etc.,  as  folloius : 

Section  1.  The  time  within  which  said  Boston,  Win- 
throp  and  Shore  Eailroad  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  Plead  is 
hereby  extended  for  three  months  from  the  first  day  of 
June  in  the  year  eighteen  hundred  and  eighty-nine  :  pro- 
vided, nevertheless,  that  if  the  said  road  is  not  completed 
within  the  time  hereinbefore  fixed,  the  said  railroad  com- 


Provieo. 


1889.  —  CHArTER  249.  961 

pany  shall  forfeit  its  franchise  between  its  circuit  line,  so 
called,  and  Point  Shirley. 

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

Ap2:)7'oved  Ai^ril  12,  18S9. 

An  Act  concerning  habitual  truants.  CJittT)  240 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.     Section  ten  of  chapter  forty-eight  of  the  Towns  to  make 
Public    Statutes    is    hereby   amended    by  inserting   after  ments^concernf' 
the  word  "  ignorance",  in  the  fifth  line  of  said  section,  the  ["uamsretc'. 
words:  —  and  such  children  as    persistently   violate   the  ^*- ^ ''^' §  ^°- 
reasonal)le  rules  and  regulations  of  the  common  schools, 
—  so   as  to  read  as  follows:  —  Section    10.     Each  town 
shall  make  all  needful  provisions  and  arrangements  con- 
cerning habitual  truants  and  children  between  seven  and 
fifteen  years  of  age  who  may  be  found  wandering  about 
in  the  streets  or  public  places  therein,  having  no  lawful 
occupation  or  business,  not  attending  school,  and  grow- 
ing up  in  ignorance,  and  such  children  as  persistently  vio- 
late the  reasonable  rules  and  regulations  of  the  common 
schools  ;  and  shall  make  such  by-laws  as  shall  be  most 
conducive  to  the  welfare  of  such  children,  and  to  the  good 
order  of  such  town ;  and    shall  provide    suitable    places 
for  the  confinement,  discipline,  and  instruction  of  such 
children. 

Section  2.     Section  twelve  of  chapter  forty-eight   of  ^mmit"ed1o 
the  Public  Statutes  is  hereby  amended  by  inserting  after  ■•'"y  inetitution 
the  word   "ignorance",  in  the   fourth  line  of  said  sec- etc. 
tion,  the  words:  —  or  of  persistently  violating  the    rules    •   •    >*    • 
and  regulations  of  the  common  schools, — so  as  to  read 
as  follows  :  —  Section  12.     Any  minor  convicted   under 
a  by-law  made  under  section  ten    of  being   an    habitual 
truant,  or  of  wandering  about  in  the  streets  and  public 
places  of  a  city  or  town,  having  no  lawful  employment 
or   business,  not   attending   school,  and   growing   up  in 
ignorance,  or  of  persistently  violating  the  rules  and  regu- 
lations of  the  common  schools,  shall  be  committed  to  any 
institution    of  instruction   or  suitable  situation  provided 
"for  the   purpose,  under  the  authority  of  said  section  or 
by-law,  for  a  term  not  exceeding  two  years. 

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

Approved  April  12,  1S89. 


962  1889.  — Chapters  250,  251,  252. 


C7l(ip.2i)0   ^N    ^^'^   "^O    ESTABLISH   THE    SALARY    OF    THE    DISTRICT    ATTORNEY 

OF    THE   MIDDLE   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 
Salary  eetab-  SECTION  1.     The  Salary  of  the  district  attorney  of  the 

middle  district  shall  be  twenty-four  hundred  dollars  per 
annum,  to  be  so  allowed  from  the  first  day  of  March  in 
the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  April  12,  1889. 

Ch(X7).2i5\   •^^  ^^"^   "^^  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  MIDDLESEX, 

Be  it  enacted,  etc.,  as  folloivs: 
Salary  of  judge.  SECTION  1.  The  Salary  of  the  judge  of  probate  and 
insolvency  for  the  county  of  Middlesex  shall  be  four 
thousand  dollars  per  annum,  to  be  so  allowed  from  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
eighty-nine. 

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

Approved  April  12,  1889. 

C7l(XV.252l  ^^  ^^"^  "^^  INCORPORATE  THE  ASIIFIELD  BURIAL  GROUND  ASSOCIA- 
TION AND  TO  AUTHORIZE  THE  TOWN  OF  ASIIFIELD  TO  CONVEY 
CERTAIN   EXISTING   BURYING   GROUNDS   TO   SUCH   ASSOCIATION. 

Be  it  enacted,  etc.,  as  folloivs: 
Ashfieid  Burial       Section  1.     Chaunccy  Boice,    Charles   Eliot   Norton, 
ciation,  incor-     Lcwis  Poi'tcr,  Archibald  D.  Flower,  Albert  W.  Crafts, 
porae  .  Chcstcr    A.    Bi'onson,    George    B.    Carter,    Charles    H. 

Wilcox,  George  P.  Huntington,  Jacob  S.  Gardner, 
George  W.  Cook,  John  C.  Wilde,  Frederick  G.  Howes, 
Clark  B.  Sears,  Thomas  Kelley,  Cheney  L.  Kellcy, 
George  William  Curtis,  Alvan  Hall,  Murray  J.  Guilford, 
James  A.  Wilde,  Charles  Howes,  Charles  Lilly,  Henry 
Parsons,  Anne  Ashburner,  Samuel  Ranney,  John  L. 
Guilford,  Benjamin  M.  Dyer,  Ralph  Stetson,  Amos  D. 
Daniels,  George  B.  Church,  John  Yeomans,  Charles 
H.  Church,  Henry  S.  Ranney,  Daniel  Williams,  Emory 
D.  Church,  Ebenezer  Graves,  Dana  L.  Graves,  John 
Wing,  Lavant  F.  Gray,  William  H.  Gray,  Cyrus  N. 
Howes,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Ashfield  Burying 
Ground  Association,  for  the  purpose  of  purchasing,  hold- 


1889.  — Chapter  252.  963 

ing,  caring  for  and  improving  lands  to  be  used  as  a  ceme- 
tery or  cemeteries  in  the  town  of  Ashfield,  and  for  the 
purpose  of  acquiring  the  title  to,  holding,  caring  for  and 
improving  any  existing  cemetery  or  cemeteries  in  said 
town  ;  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  hereafter  may  be  in  force 
applicable  to  corporations  organized  under  chapter  eighty- 
two  of  the  Public  Statutes  or  of  any  act  in  addition  or 
amendment  thereto. 

Section  2.     Henry  S.  Eanney  is  hereby  authorized  to  First  meeting 
fix  the  time  and  place  of  holding  the  first  meeting  of  said  ^  ^orpoiators. 
corporators  and  to  notify  them  thereof,  as  nearly  as  may 
be,  in  accordance  with  the  provisions  of  section  three  of 
chapter  one  hundred  and  eleven  of  the  Public  Statutes. 

Section  3.     Whenever  said  corporation  has  been  duly  Town  of  Ash- 
organized  under  the  provisions  of  this  act  the   town  of  vey  tlfcoipom- 
Ashfield  is  hereby  authorized  to  convey  to  said  corpora-  cl^mcTedcs! 
tion  by  proper  deed  or    deeds    two    cemeteries,  situate, 
one  on  the  Plain,  so  called,  in  said  Ashfield  and  known 
as  the  Plain  Cemetery,  and  one  on  the  Flat,  so  called,  in 
said  Ashfield  near  the   geographical  centre  of  the  town 
and  known  as  the  Centre  Cemetery  :  provided,  that  the 
said  town  at  any  legal  meeting  votes  to  make  such  con- 
veyance. 

Section  4.  All  persons  owning  lots  or  rights  of  ^^^f  e°c.°tTbe^ 
burial  in  either  of  the  cemeteries  mentioned  in  section  members  of 
three  shall,  upon  the  conveyance  to  said  corporation  of 
said  cemeteries,  be  and  become  members  of  said  corpora- 
tion ;  and  all  persons  owning  lots  or  rights  of  burial  in 
any  existing  cemetery  in  said  town  shall,  whenever  such 
cemetery  shall  be  acquired  by  said  corporation,  be  and 
become  a  member  of  said  corporation. 

Section  5.     Except  as  provided  in  section  four  said  ^^^beiXp.^ 
corporation  ma}^,  subject  to  the  general  laws  applicable  to 
such  corporations,  prescribe  by  by-law  qualifications  and 
conditions  for  becoming  a  member  thereof. 

Section  6.     Said  corporation  may  hold  real  and  per- Rp"' and  per. 
sonal  estate  for  the  purposes  expressed  in  section  one  to      '      '    ' 
the  value  of  ten  thousand  dollars. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12^  1889. 


964 


1889.  —  Chapters  253,  254. 


Cha2^.253 


Payment  of 
county  taxes. 


An  Act  relating  to  the  payment  of  county  taxes. 

Be  it  enacted,  etc.,  as  follows: 

The  respective  sums  apportioned  to,  and  assessed  upon, 
the  several  cities  and  towns  of  the  Commonwealth  for 
county  taxes,  shall  be  collected  and  paid  into  their  respec- 
tive city  and  town  treasuries,  in  like  manner  as  the  state 
tax  is  now  collected  and  paid  ;  and  the  county  commis- 
sioners in  their  warrants  shall  require  the  selectmen  or 
assessors  of  such  cities  and  towns  to  pay,  or  issue  sever- 
ally their  warrant  or  warrants  requiring  the  treasurers  of 
their  respective  cities  and  towns  to  pay,  to  the  treasurers 
of  their  several  counties  the  sums  apportioned  to  said 
cities  and  towns,  as  aforesaid,  at  such  times  as  shall  be 
fixed  and  prescriljed  by  said  county  commissioners  of  the 
several  counties  in  their  said  w^arrants. 

Approved  April  12,  1889. 


street  commis- 
siouers  of  Bos- 
ton may  extend 
AVest  Chester 
park  street. 


Oha'D.2l54:  -^^  ^^'^  '^^  authorize  the  street  COMMISSIONERS  OF  THE  CITY 
OF  BOSTON  TO  EXTEND  WEST  CHESTER  PARK  STREET  AS  A  HIGH- 
WAY TO  THE  HARVARD  BRIDGE  AND  TO  ESTABLISH  THE  GRADE 
THEREOF. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.  The  street  commissioners  of  the  city  of 
Boston  may  locate  and  lay  out,  and  may  establish  the 
grade  of,  and  may  construct  a  highway  in  said  city  which 
shall  be  a  continuation  or  extension  of  West  Chester  park 
street  to  the  harbor  commissioners'  line,  and  to  connect 
with  the  new  bridge  called  the  Harvard  bridge,  between 
Boston  and  Cambridge,  and  may  make  contracts  on  behalf 
of  said  city  relative  to  the  determination  and  payment  of 
damages  sustained  by  any  person  in  his  property  by  such 
laying  out  and  establishing  a  grade  ;  and  any  such  con- 
tracts heretofore  made  by  said  board  are  confirmed  and 
made  binding  on  said  city,  and  such  damages  shall  be  paid 
by  said  city. 

Section  2.  All  laws  applicable  to  the  laying  out  and 
establishing  the  grade  of  highAvays  in  the  city  of  Boston 
and  determining  and  paying  damages  for  injuries  sustained 
thereby  are  hereby  made  applicable  to  the  work  author- 
ized in  this  act,  so  far  as  not  inconsistent  herewith. 
Loan  authorized       SECTION  3.     The  citv  of  Bostou,  in  ordcr  to  defray  the 

in  excess  of  .  >^  .    .  /»      i   •  j.       •  *ii 

limit  estab-        cost  of  carrvHig  out  the  provisious  of  this  act,  is  author- 

lished.  ./       o  i. 


Damages. 


1889.  —  Chapters  255,  256,  257.  965 

ized  to  raise  not  exceeding  seventy-five  thousand  dollars 
by  loan,  in  excess  of  the  limit  established  by  law. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1889. 

An  Act  to   extend  the  time  for   the   organization  of   the  (JJi(i'r),2i55 

BOSTON   WATER   TRUST   AND  INVESTMENT   COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  time  for  organization   by  the  incor- Time  for 
porators  of  the  Boston  Water  Trust  and  Investment  Com-  extended.'"" 
pany  is  hereby  extended    until  the    twenty-first  day  of 
April  in  the  year  eighteen  hundred  and  ninety. 

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

Approved  April  12,  1889. 

An  Act  to    amend    section  forty-four    of    chapter  three  (JJifjj)  2'56 

HUNDRED  AND  FORTY-SEVEN  OF  THE  ACTS  OF  THE  YEAR  EIGHT- 
EEN HUNDRED  AND  EIGHTY-EIGHT  RELATING  TO  THE  MUNICIPAL 
INDEBTEDNESS   OF  THE   CITY   OF   QUINCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-four  of  chapter  three  hun-  Municipal 
dred  and  forty-seven  of  the  acts  of  the  year  eighteen  hun-  Jhe'cUy^'oT^  "^ 
dred  and  eighty-eight  is  hereby  amended  by  striking  out  Q"''^'^y- 
the  following  words,  "The  limit  of  indebtedness  of  the 
said  city,  exclusive  of  any  indebtedness  created  for  sup- 
plying 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-five,  but 
otherwise",  so  as  to  read  as  follows  :  —  Section  44.     The 
general  laws  relating  to  municipal  indebtedness  shall  apply 
to  said  city.     The  financial  year  of  the  city  shall  begin  at  Financial  year. 
such  time  as  the  city  council  shall  by  ordinance  prescribe. 

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

A2)2^roved  April  15,  1889. 


Chap.251 


An  Act  to  annex  a  portion  of  the  towns  of  Randolph  and 
holbrook  to  the  town  of  avon. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     So  much  of  the  towns  of  Randolph  and  ^°';"°o°^ 
Holbrook,  in  the  county  of  Norfolk,  with  all  the  inhabi-  Randolph  and 
tants  and  estates  thereon  as  is  thus  bounded  and  described,  annexed  to 
to  wit:  —  Beginning  at  a   stone  bound  on  the  westerly '°^^"°^  ^^°°" 


966 


1889.  —  Chapter  257. 


Boundaries 

territory 

annexed. 


Payment  of 
taxes. 


of  side  of  Main  street  in  the  boundary  line  between  said 
towns  of  Randolph  and  Avon  (formerly  Stoughton) 
marked  R  on  one  side  and  S  on  the  opposite  side,  and 
thence  running  in  a  straight  line  over  territorial  land  of 
said  Randolph  and  of  said  Holbrook  to  a  point  in  said 
Holbrook  midway  between  the  two  main  tracks  of  the  Old 
Colony  railroad  as  now  existing  and  distant  north  sixteen 
degrees,  fifteen  minutes  east,  six  hundred  ninety-four  and 
eight-tenths  feet  from  the  southerly  side  line  of  High  street 
in  said  Holbrook ;  thence  running  south  sixteen  deorees, 
tifteen  minutes  west,  midway  between  said  tracks,  one 
thousand  five  hundred  sixteen  and  four-tenths  feet  to  a 
point  of  curvature  in  said  Holbrook  and  intersecting  said 
southerly  line  of  High  street  at  a  point  distant  south  fifty- 
six  degrees,  thirteen  minutes  east,  one  hundred  sixty-seven 
and  seventy-two  one-hundredths  feet  from  a  stone  bound 
set  in  said  southerly  line  of  High  street ;  thence  running 
by  a  curve  to  the  left  of  five  thousand  seven  hundred  and 
thirty  feet  radius,  one  thousand  three  hundred  twenty- 
three  and  forty-five  one-hundredths  feet  to  a  point  of  tan- 
gency  in  said  Holbrook  ;  thence  running  midway  between 
said  tracks  south  three  degrees,  one  minute  west,  five 
hundred  thirty-five  and  forty-five  one-hundredths  feet  to 
the  boundary  line  between  said  towns  of  Holbrook  and 
Avon  ;  thence  running  northwesterly  by  said  boundary 
line  between  the  towns  of  Randolph,  Holbrook  and  Avon 
to  the  point  of  beginning,  containing  an  area  of  about 
fourteen  acres  of  the  territory  of  said  town  of  Randolph 
and  about  one  hundred  and  thirty  acres  of  the  territory  of 
said  town  of  Holbrook,  is  hereby  set  oft'  and  separated 
from  said  towns  of  Randolph  and  Holbrook  and  annexed 
to  and  made  a  part  of  said  town  of  Avon. 

Section  2.  The  inhabitants  and  the  estates  on  said 
tract  of  land  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  towns  of  Randolph  and  Hol- 
brook, and  all  such  taxes  as  may  be  assessed  on  them  by 
said  towns  of  Randolph  and  Holbrook  before  this  act  shall 
take  effect,  in  the  same  manner  as  they  would  have  been 
liable  if  this  act  h;id  not  been  passed.  And  until  the  next 
state  valuation  the  town  of  Avon  shall  annuall}',  in  the 
month  of  November,  pay  to  the  towns  of  Randolph  and 
Holbrook,  respectively,  that  proportionate  part  of  the 
state  and  county  tax  severally  assessed  upon  said  towns 


1889.  — Chapter  257.  •      967 

of  Randolph  and  Holbrook  which  the  valuation  of  the 
several  parts  set  off  as  aforesaid  bears  to  the  respective 
total  valuations  of  said  towns  of  Randolph  and  Holbrook, 
according  to  the  valuations  made  by  the  assessors  of  the 
respective  towns  of  Randolph  and  Holbrook  in  the  year 
eighteen  hundred  and  eighty-eight. 

Section  3.  If  any  person  or  persons  who  have  hereto-  support  of 
fore  gained  a  legal  settlement  in  the  towns  of  Randolph  p'^"^''^'*" 
or  Holbrook  by  reason  of  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  reliev^ed 
and  supported  by  the  town  of  Avon,  in  the  same  manner 
as  if  they  had  gained  a  legal  settlement  iu  said  Avon. 

Section  4.  For  the  purpose  of  electing  senators  and  fenatoraand 
representatives  to  the  general  court,  until  the  next  appor-  leprcsemauves. 
tionment  shall  be  made,  the  inhabitants  upon  the  territory 
herel)y  set  off  and  annexed  to  the  town  of  Avon  shall  con- 
tinue to  be  a  part  of  that  town  from  which  the  territory 
has  been  taken  for  said  annexation,  and  it  shall  be  the 
duty  of  the  selectmen  of  the  town  of  Avon  to  post  up  in 
the  respective  territories  taken  from  said  towns  as  afore- 
said a  true  list  of  the  persons,  if  any,  respectively  belong- 
ing thereto  and  qualitied  to  vote  at  such  elections,  and  to 
correct  the  same,  as  required  by  law,  and  deliver  the  same 
respectively  to  the  selectmen  of  the  towns  of  Randolph 
and  Holbrook  at  least  seven  days  before  any  such  elec- 
tion, and  the  same  shall  be  taken  and  used  for  such  elec- 
tion by  the  selectmen  of  said  towns  in  the  same  manner 
as  if  the  lists  had  been  prepared  by  themselves  respec- 
tively. 

Section  5.  On  the  boundary  line  Avithin  the  location  Monuments 
of  the  Old  Colony  railroad  as  hereby  established,  stone  daVy  ime. 
monuments  not  less  than  four  feet  in  length,  and  marked 
in  the  manner  now  required  by  law,  shall  be  well  set  in 
the  ground  at  the  termini  and  points  of  curvature  and  tan- 
gency  of  said  boundary  line,  so  that  the  surface  of  the  top 
thereof  shall  not  be  higher  than  the  lower  surface  of  the 
rails  of  said  main  tracks  at  the  place  of  setting,  and  no 
other  monuments  shall  be  required  on  said  boundary. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  16,  1889. 


968 


1889.  — Chapters  258,  259. 


Q/ia,r).2i5S  ^^  ^^"^  '^^  AUTHORIZE  MANUFACTURING  CORPORATIONS  TO  SUP- 
PORT FREE  BEDS  IN  HOSPITALS  FOR  THE  USE  OF  THEIR  EM- 
PLOYEES. 

Be  it  enacted,  etc.,  as  foUoivs: 

Any  manufacturing  corporation  may,  by  a  vote  of  a 
majority  of  the  stock  represented  at  a  meeting  of  tbe 
stockholders  thereof,  appropriate  a  sum  not  exceeding 
five  thousand  dollars  or  an  annual  sum  not  exceeding  five 
hundred  dollars  for  the  support  of  free  beds  in  one  or 
more  hospitals  in  this  Commonwealth,  for  the  use  of  its 
employees.  App7-oved  April  16,  1889. 

CllOfO  259   ^^     ^*^^     ^®     AUTHORIZE     THE     COUNTY     COMMISSIONERS     OF     THE 
^   ""  COUNTY    OF    BRISTOL  TO   ENLARGE    AND    IMPROVE   THE   ACCOMMO- 

DATIONS  lOii   THE  COURTS   AND   COUNTY   OFFICERS   IN   TAUNTON. 


May  support 
iree  beds  ia 
hospiUils  for 
use  of 
employees. 


Aceommod.a- 
tions  for  courts 
to  be  enlarged 
and  Improved. 


Commissioners 
m.Ty  borrow 
money. 


To  file  in  regis- 
try of  deeds  a 
description  of 
the  land  taken. 


Payment  for 
damages. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  county  commissioners  of  the  county 
of  Bristol  are  hereby  authorized  and  required  to  take  and 
hold,  by  purchase  or  otherwise,  such  land  as  they  deem 
necessary  in  the  city  of  Taunton  adjoining  to  or  in  the 
immediate  vicinity  of  the  lands  upon  which  the  court 
house  now  standing  in  said  Taunton  is  located,  for  the 
purpose  of  enlarging  and  altering  said  court  house,  and 
the  buildings  adjoining  thereto  and  the  court  house  yard 
connected  therewith,  or  of  erecting  new  buildings  thereon 
adapted  to  the  accommodations  of  the  courts  of  the  Com- 
monwealth and  county  offices  and  purposes. 

Section  2.  Said  commissioners,  for  said  purposes, 
may  borrow  on  the  credit  of  said  county  and  may  expend 
therefor  a  sum  not  exceeding  one  hundred  thousand 
dollars. 

Section  3.  Said  commissioners  shall,  within  thirty 
days  from  the  time  when  they  shall  take  land  under  the 
provisions  of  this  act,  file  in  the  registry  of  deeds  of  said 
county  of  Bristol  for  the  northern  district  a  description  of 
the  land  so  taken  as  certain  as  is  required  in  a  common 
conveyance  of  land,  with  a  statement  of  the  purposes  for 
which  it  is  taken  ;  which  description  and  statement  shall 
be  signed  by  said  commissioners  or  a  major  part  of  them, 
and  the  title  of  land  so  taken  shall  vest  in  the  countj^  of 
Bristol  from  the  time  of  such  filing. 

Section  4.  All  damages  sustained  by  the  owner  or 
owners  of  land  so  taken  shall  be  paid  by  the  county,  and 


1889.  —  Chapters  260,  2G1,  262.  969 

if  said  commissioners  fail  to  agree  upon  such  damages 
'  with  the  owner  or  owners,  the  same  may  be  assessed  and 
determined  by  a  jury  in  the  manner  and  upon  the  condi- 
tions provided  by  law  in  the  case  of  laying  out  highways, 
upon  application  therefor  made  within  one  year  from  the 
time  of  such  tiling. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17, 18S9. 


An  Act  to  establish  the  salary  of  the  treasurer  of  the 
county  of  plymouth. 


Ghap.260 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  treasurer  of  the  county  saiaiyof 
of  Plymouth  shidl  be  twelve  hundred  dollars  a  year,  to  be  t''®''^"'''^'"- 
so  allowed  from  the  first  day  of  March  in  the  year  eight- 
een hundred  and  eighty-nine. 

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

Approved  April  17,  1889. 


Chap.2Ql 


An  Act  to  establish  the  salaries  of  the  justice  and  clerk 

OF  the   first    district    court   of   BRISTOL. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  salary  of  the  justice  of  the  first  dis-  salaries  of  jus- 
trict  court  of  Bristol  shall  be  eighteen  hundred  dollars  a  ^i^e and  cieik. 
year,  and  the  salary  of  the  clerk  of  said  court  shall  be 
eleven  hundred  dollars  a  year,  both  to  be  so  allowed  from 
the  first  day  of  April  in  the  year  eighteen  hundred  and 
eighty-nine. 

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

Ajijyroved  Ap)ril  17,  1889. 


I 


Chap.2Q2 


An  Act  to  provide  for  arranging  and  indexing  the  probate 
records  of  the  county  of  hampshire. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  register  of  probate  for  the  county  of  ^"ow«"ce  for 
Hampshire  shall  be  allowed  a   sum    not   exceeding   fifty  rnd'exTng 
dollars  a  month  for  a  period  not  exceeding  three  years,  ''*^'=°'''**>  ^*°' 
in  addition  to  all  other  allowances  now  authorized  by  law, 
for  extra  clerical  assistance  actually  performed  in  arrang- 
ing and  indexing  the  files  and  records  in  his  office ;  to  be 
paid  from  the  treasury  of  the  Commonwealth   monthly, 
till   the    said    work    shall   be  completed.     The  judge  of 


970  1889.  —  Chapters  263,  264,  265. 

probate  for  said  county  shall  audit  and  approve  the  ac- 
counts of  the  reijister. 

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

Approved  April  17,  1889. 

(JJlCiT) .'2iQ^  An  Act  to  establish  the  salary  of  the  justice  of  the  dis- 
trict   COURT  OF   EAST    NORFOLK. 

Be  it  enacted,  etc.,  as  follows: 

j^TstTce^^  Section  1.     The  salary  of  the  justice  of  the    district 

court  of  east  Norfolk  shall  be  fifteen  hundred  dollars  a 
year,  beginning  with  the  first  day  of  January  in  the  year 
eighteen  hundred  and  eighty-nine. 

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

Approved  Ajjril  17,  1889. 

Ch(lJ).2iQ4:  ^N  Act  '^^  authorize  THE  COUNTY  COMMISSIONERS  OF  THE 
COUNTY  OF  BRISTOL  TO  COMPLETE  THE  COURT  HOUSE  IN  FALL 
RIVER. 

Be  it  enacted,  etc. ,  as  follows : 
money'for'^om-  Section  1.  The  couuty  commissiouers  of  the  county 
houief^"""  ^f  Bristol  are  hereby  authorized  to  borrow  on  the  credit 
of  said  county  and  to  expend  an  additional  sum  of  fifty 
thousand  dollars,  in  addition  to  what  they  are  now  au- 
thorized by  law  to  borrow  and  use,  for  the  purpose  of 
erecting,  completing  and  furnishing  a  court  house  in  the 
city  of  Fall  River. 

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

Appi-oved  April  17,  1889. 

Q]l(XVf2IOK>   -^^    -^^^    "^^    PROVIDE    FOR    THE    TRANSFER    AND    MANAGEMENT    OF 
MOUNT    HOPE   CEMETERY   IN   THE   CITY    OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

^ouninllf        Section    1.     Such   of    the   proprietors,    by   deed,    of 
Cemetery  may    burial  lots  iu  thc  cemetcrv  known  as  Mount  Hope  ceme- 

bGCODiG  iucor- 

porated.  tcry  in  the  city  of  Boston,  comprising  the  lands  acquired 

by  said  city  under  authority  of  chapter  one  hundred  and 
fifty  of  the  acts  of  the  year  eighteen  hundred  and  forty- 
nine  with  any  other  lands  since  acquired  by  said  city  as 
an  addition  to  said  cemeter}^  except  the  proprietors  of 
burial  lots  in  that  portion  of  the  westerly  end  of  said 
cemetery  lying  norch  of  Central  avenue  and  Avest  of  a 
line  drawn  from  a  point  in  the  division  line  between  said 
cemetery  and  Calvary  cemetery,  distant  one  hundred  feet 


1889.  — Chapter  265.  971 

westwardly  from  the  northeast  corner  of  said  Calvary 
cemetery,  to  the  northeasterly  corner  of  the  two  acre 
parcel  on  Berry  street,  purchased  in  the  year  eighteen 
hundred  and  seventy-eight,  as  shall  in  writing,  filed  with 
the  city  registrar  of  said  city  on  or  before  the  first 
Monday  of  May  next,  accept  this  act,  and  such  of  said 
proprietors  as  shall,  after  the  organization  herein  pro- 
vided for,  notify  the  clerk  of  the  corporation  of  such 
acceptance,  are  hereby  made  a  corporation  by  the  name 
of  the  Proprietors  of  Mount  Hope  Cemetery,  subject  to 
all  the  provisions  of  chapter  eighty-two  of  the  Public 
Statutes  so  far  as  they  can  be  applied  thereto,  except  so 
far  as  inconsistent  herewith. 

Section  2.  Immediately  upon  the  passage  of  this  act  beTtmedVy 
the  city  registrar  of  said  city  shall  notify  each  of  the  pro-  the  cuy  regis - 
prietors  of  such  passage  by  sending  through  the  mail  to 
the  address  of  each  of  said  proprietors,  so  far  as  known, 
a  copy  of  this  act,  and  also  notify  them  that  the  first 
meeting  of  said  corporation  will  be  held  on  said  first 
Monday  of  May  at  ten  o'clock  in  the  forenoon,  at  such 
suitable  place  as  he  shall  select  therefor,  at  the  expense 
of  the  corporation. 

Section  3.     Such  of  said   proprietors    as    shall   have  organization  of 
notified    said    registrar   previous    to    said   ten    o'clock  as '^'"^''°''' '°°' 
hereinbefore  provided,  present  and  voting,  may  at  said 
meeting  organize  said  corporation  in  the  manner  provided 
in  the  first  sixteen  sections  of  chapter  one  hundred  and 
eleven  of  the  Public  Statutes. 

Section  4.  Immediately  upon  the  organization  of  {^'^onieyTandB, 
said  corporation  said  city  of  Boston  shall  convey  to  it  co*i-poration. 
by  proper  deed  all  the  lands  constituting  said  cemetery 
together  with  the  stock,  tools,  implements  and  other 
personal  property  pertaining  thereto  or  commonly  used 
thereon,  and  with  the  right  to  any  unpaid  balances  remain- 
ing due  for  lots  already  sold,  to  be  held  by  said  corpo- 
ration, so  far  as  consistent  herewith,  for  the  same  uses  and 
purposes  and  charged  with  the  same  duties,  trusts  and 
liabilities  for  and  subject  to  which  the  same  are  now  held 
by  said  city  ;  and  the  said  corporation  shall  thenceforth 
have  the  entire  charge  of  said  cemetery  and  of  the  care  of 
lots  and  graves  therein  ;  and  to  that  end  shall  receive  from 
said  city  the  annual  income,  as  it  accrues,  of  the  funds 
now  held  by  said  city  under  the  provisions  of  section 
seventeen  of  chapter  eighty-two  of  the  Public  Statutes, 


972  1889.  — Chapter  26G. 

and  apply  said  income  to  the  preservation  and  care  of  the 
lots  entitled  to  such  application;  and  the  said  corporation 
shall  have  in  respect  of  said  cemetery  all  rights,  powers 
and  privileges  and  be  subject  to  all  duties,  obligations 
and  liabilities  now  had  or  sustained  by  said  city  in  respect 
thereof,  and  shall  fully  indemnify  and  hold  harmless  the 
said  city  in  regard  to  the  same. 
cirtJurrins  Section  5.  The  said  city  shall  continue  to  have  the 
of  burial.  right  of  buHal  of  persons,  for  whose  burial  it  is  now  or 

shall  hereafter  be  bound  by  law  to  provide,  in  that  portion 
of  the  westerly  end  of  said  cemetery  bounded  and  de- 
scribed in  section  one,  and  interments  of  such  persons 
may  either  be  there  made  by  said  city  at  its  own  expense 
or  by  said  corporation,  upon  such  terms  for  the  cost  of 
preparation  and  interment  as  may  from  time  to  time  be 
agreed  upon  between  the  overseers  of  the  poor  of  said 
city  and  the  executive  board  of  said  corporation. 
Srmed?^^  Sectiox  6.     All   conveyauccs    of  lots    and   rights  of 

burial  in  said  cemetery  heretofore  given  by  said  city  are 
hereby  confirmed. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  18,  18S9. 

Chap.26G  An  Act  to  authorize  executors    and  administrators   with 

THE  WILL    ANNEXED   TO   SETTLE   CONTROVERSIES   MY  ARBITRATION 
OR  COMPROMISE. 

Be  it  enacted,  etc.,  as  follows: 
Executors  and        SECTION  1.     Scction  foui'tcen  of  chapter  one  hundred 

administrators  />i-i-«ii.ri  .1  in 

with  the  will  and  forty-two  of  the  Public  Statutes  is  hereby  amended 
setlfe^conTiwer-  by  inserting  after  the  word  "  deceased"  in  the  third  line 
tionojcom.""""  thercof,  the  words:  —  or  the  administrators  with  such 
promise.  ^r[\[  aiinexcd,  —  and  by  inserting  after  the  word  "exec- 

utors "  in  the  eighth  line  thereof,  the  words  :' —  or  the 
administrators  with  the  will  annexed  as  the  case  may  be, 
—  and  by  inserting  after  the  word  "legatees"  in  the 
ninth  line  thereof,  the  words:  —  whose  interests  will,  in 
the  opinion  of  the  court,  be  affected  by  the  proposed 
arbitration  or  compromise, — so  that  said  amended  sec- 
tion shall  read  as  follows  :  —  Section  14.  The  supreme 
judicial  court,  sitting  in  equit}^  may  authorize  the  per- 
sons named  as  executors  in  an  instrument  purporting  to 
be  the  last  will  of  a  person  deceased,  or  the  administrators 
with  such  will  annexed,  to  adjust  by  arbitration  or  com- 
promise  any   controversy    that  may   arise    between    the 


1889.  — Chapters  267,  268.  973 

persons  claiming  as  devisees  or  legatees  under  such  will 
and  the  persons  entitled  to  the  estate  of  the  deceased 
under  the  statutes  reo;ulatino;  the  descent  and  distribution 
of  intestate  estates  ;  to  which  arbitration  or  compromise 
the  persons  named  as  executors,  or  the  administrators 
with  the  will  annexed  as  the  case  may  be,  those  claiming 
as  devisees  or  legatees  whose  interests  will  in  the  opinion 
of  the  court  be  aifected  by  the  proposed  arbitration  or 
con] promise,  and  those  claiming  the  estate  as  intestate, 
shall  be  parties. 

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

Approved  April  18,  1889. 

An  Act  to  prevent  the  mutilation  of  horses.  Chan  267 

Be  it  enacted,  etc.,  as  folloivs: 

Whoever  cuts  the  solid  part  of  the  tail  of  any  horse  in  pocking  of 

,  .  ,  1        1   •  1  1  horses  tails 

the  operation  known  as  docking,  or  by  any  other  opera-  prohibited 
tion  performed  for  the  purpose  of  shortening  the  tail,  and  "°  erpenaty. 
whoever  shall  cause  the  same  to  be  done,  or  assist  in 
doing  such  cutting  unless  the  same  is  proved  to  be  a 
benefit  to  the  horse,  shall  be  punished  by  imprisonment 
in  the  jail  not  exceeding  one  year,  or  by  fine  of  not  less 
than  one  hundred  nor  more  than  two  hundred  and  fifty 
dollars.  One-half  of  all  fines  collected  under  this  act 
upon,  or  resulting  from,  the  complaint  or  information  of 
an  officer  or  agent  of  the  Massachusetts  Society  for  the 
Prevention  of  Cruelty  to  Animals,  shall  be  paid  over  to 
said  society  in  aid  of  the  benevolent  objects  for  which  it 
was  incorporated.  Ajij^roved  April  18,  1889. 


Chap.268 


7 

An  Act  to  amend  an  act  to  fix  the  penalties  for  violations 
OF  the  liquor  law. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     Chapter  one  hundred  and  fourteen  of  the  Provisions  of 
acts    of  the  year   eighteen    hundred    and    eighty-nine    is  appVto'cases" 
hereby  amended  by  adding  thereto  the  following  new  sec-  or'^b"?e  pen""^' 
tion,  viz.  :  —  8ection  2.     This  act  shall  not  apidy  to  any  aity  has  been 

...  .  11        incurred,  etc. 

cases  pending  in  any  court  or  to  any  cases  where  the 
penalty  has  been  incurred  or  to  any  offences  committed 
prior  to  the  time  when  said  act  becomes  operative. 

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

Approved  April  18,  1889. 


974 


1889.  — Chapters  269,  270,  271. 


ChCip.2G9   ^^   ^^"^   'N    ADDITION    TO   AN    ACT    FIXING    THE   TIMES   AND   PLACES 
FOR   HOLDING   PROBATE   COURTS  IN  THE   COUNTY  OF   PLYMOUTH. 


Times  and 
places  tor  hold- 
ing courtB. 


Repeal. 


Be  it  enacted^  etc.,  as  follows: 

Section  1.  After  the  first  day  of  May  in  the  year 
eiohteen  hundred  and  eighty-nine,  probate  courts  shall  be 
held  in  each  year  in  the  county  of  Plymouth,  at  Plymouth 
on  the  second  Monday  of  every  month  except  August, 
and  at  Brockton  on  the  fourth  Monday  of  every  month 
except  July. 

Section  2.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

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

Approved  April  18,  1889. 

ChaV.^iJO  -^N   Act  RELATING   TO   THE    GRANTING   OF    LICENSES    TO    DRUGGISTS 
AND   APOTHECARIES   TO   SELL    INTOXICATING    LIQUOR. 

Be  it  enacted,  etc.,  as  follows: 

dasTnoMote""      Section  1.     No  Hceuse  of  the  sixth  class  described  in 
granted  except    scctioH  tcu  of  chaptcr  ouc  huudrcd  of  the  Pul)lic  Statutes 
piiarmacist,  etc.  shall  hereafter  be  granted  to  any  person  who  is  not  a  reg- 
istered pharmacist  actively  engaged  in    business    on    his 
own    account.     Any  license  granted  in  violation   of  this 
act  shall  be  void. 

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

Approved  Ajrril  18,  1889. 


Chap. 


May  icsue 
bonds. 


Coupon  bonds 
at  four  per  cent, 
interest. 


May  raise 
money  to  pay 
interest. 


271  An  Act  to  authorize  the  town  of  grafton  to  issue  bonds 
TO  fund  its  existing  indebtedness. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  town  of  Grafton  is  hereby  authorized 
to  issue  its  bonds  in  sums  of  five  hundred  dollars  each  to 
an  amount  not  exceeding  seventy-five  thousand  dollars  for 
the  purpose  of  funding  its  existing  indebtedness  including 
outstanding  town-house  and  other  bonds. 

Section  2.  Said  bonds  shall  be  of  the  form  known  as 
coupon  bonds,  shall  bear  interest  at  the  rate  of  four  per 
cent,  per  annum,  and  shall  be  so  issued  that  three  of  the 
said  bonds  shall  mature  and  become  payable  in  each  year 
until  all  shall  have  matured  and  become  payable. 

Section  3.  The  town  of  Grafton  shall  annually  raise 
by  taxation  an  amount  sufficient  to  pay  the  interest  on 
such  of  said  bonds  as  may  at  the  time  be  outstanding ; 


1889.  — Chapters  272,  273.  975 

and  until  said  bonds  have  all  matured,  shall  also  annually 
raise  by  taxation  the  sum  of  fifteen  hundred  dollars  for 
the  payment  of  the  bonds  maturing  and  becoming  payable 
during  the  then  current  year. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Appr'oved  April  18,  1889. 

An  Act  to  amend  an  act  relating  to  the  public  cemeteries  (JJi(ip^212 

IN   THE   TOWN   OF    WINCHESTER. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  four  of  chapter  one  hundred  and  fg".J'p"°n®the' 
forty-six  of  the  acts  of  the  year  eighteen  hundred  and  townofWin- 
eighty-nine  is  hereby  amended  by  inserting  after  the 
words  "  on  the  orders  of"  in  the  last  sentence  of  said 
section,  the  words:  —  the  selectmen  and,  —  so  as  to  read 
as  follows  :  —  /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  payable  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  thereof,  or  pay  out  the  same  or  any  income  there- 
from, on  the  orders  of  the  selectmen  and  said  board  of 
commissioners,  or  with  their  approval. 

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

Approved  Ap>ril  18, 1889. 


An  Act  to  confirm  the  proceedings  of  the  annual  meeting  QJid^n^^lS 

OF   THE   TOWN   OF   REVERE.  -'^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  proceedings  of  the  annual  meeting  Proceedings  at 
of  the  town  of  Revere,  held  on  the  fourth  day  of  March  coufi?med?"°^ 
in  the  year  eighteen  hundred  and  eighty-nine,  shall  not 
be  invalid  by  reason  of  an  omission  or  failure,  in  the 
warrant  for  said  meeting,  of  the  selectmen  to  specify  that 
the  several  town  officers  should  be  voted  for  on  one  ballot 
in  accordance  with  the  by-laws  of  said  town. 

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

Approved  April  19,  1889. 


976 


1889.  —  Chapters  274,  275. 


May  take  land 
for  school 
purposes. 


QJiaiJ,2i75  ^^  -^^^  CONCERNING   THE   FEES   FOR   PILOTAGE 


Pilotage  of  ves- 
sels in  and  out 
of  Wood's  Holl 
harbor. 


Chcip.274:  ^^  ^^'^  "^^  AUTHORIZE  THE  TOWN  OF  LINCOLN  TO  TAKE  LAND 
FOR  SCHOOL  PURPOSES  IN  ADDITION  TO  THE  AMOUNT  NOW  AL- 
LOWED  BY   LAW. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  town  of  Lincoln  is  hereby  authorized 
to  take,  hold  and  use  for  school  purposes,  according  to 
the  provisions  of  chapter  forty-four  of  the  Public  Statutes, 
one  acre  of  land  in  addition  to  the  amount  which  is  now 
allowed  by  law. 

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

Approved  April  19,  1889. 

OF  VESSELS   IN   AND 
OUT   OF   WOOD'S   HOLL    HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  rates  for  pilotage  for  vessels  in  and 
out  of  Wood's  Holl  harbor  shall  be  as  follows,  —  whenever 
a  pilot  shall  take  charge  of  a  vessel,  bound  into  said  port 
from  sea,  east  of  a  line  drawn  from  Saugkonnet  Point  to 
No  Man's  Land,  the  fees  shall  1)e  two  dollars  and  twenty- 
five  cents  a  foot  of  the  vessel's  draught.  If  said  vessel 
takes  a  pilot  east  of  a  line  drawn  due  south  from  Tar- 
paulin Cove  light-house,  the  fees  for  pilotage  shall  be  one 
dollar  and  twenty-five  cents  a  foot  of  the  vessel's  draught. 
For  all  pilotage  done  between  the  first  day  of  November 
and  the  thirtieth  day  of  April  twenty-five  cents  a  foot 
additional  shall  be  charged  as  winter  rates.  The  outward 
pilotage  from  Wood's  Holl  for  vessels  bound  west  shall  be 
one  dollar  and  twenty-five  cents  a  foot  of  the  vessel's 
draught,  to  a  line  drawn  due  north  from  Gay  Head  light- 
house When  the  pilot  is  taken  east  of  a  line  drawn  due 
north  from  Great  Point  light-house,  the  fee  shall  be  two 
dollars  and  twenty-five  cents  a  foot  of  the  vessel's  draught. 
When  the  pilot  takes  charge  of  a  vessel  west  of  a  line 
drawn  due  north  from  Nantucket  Great  Point  light-house, 
bound  into  Wood's  Holl,  the  fee  shall  be  one  dollar  and 
twenty-five  cents  a  foot  of  the  vessel's  draught.  All  out- 
ward bound  vessels  from  Wood's  Holl,  when  bound  east 
over  Nantucket  shoals,  Avhen  taken  past  and  over  said 
shoals  shall  be  subject  to  the  full  fees  of  two  dollars  and 
twenty-iive  cents  a  foot  of  the  vessel's  draught. 

Section  2.  Chapter  two  hundred  eighty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-eight  and 


Repeal. 


1889.  —  CiiAPTEK  276.  977 

so  much  of  chapter  one  hundred  and  seventy-six  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-two  as  relates 
to  pilotage  in  and  out  of  Wood's  Holl  harbor,  are  hereby 
repealed.  Approved  April  19,  1889. 

An  Act  to  supply  the  town  of  pkovincetown  with  water.    QJicir),2i7Q 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   town  of  Provincetown   may  supply  Provincetown 
itself  and  its  inhabitants  with  water  for  the  extinguish-  ureVwith^ 
ment  of  lires  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  lie  paid  for  the  use  of  the  same. 

Section  2.  The  said  town  for  the  purposes  aforesaid  ^u^j'n^hJ^fmits 
may  take,  by  purchase  or  otherwise,  and  hold  the  water  ofthetowu. 
of  any  ponds  or  water  sources  within  the  limits  of  said 
town  of  Provincetown  together  with  any  water  rights 
connected  therewith,  and  also  all  lands,  rights  of  way  and 
easements  necessary  for  holding  and  preserving  such 
water  and  for  conveying  the  same  to  any  part  of  said  town 
of  Provincetown ;  and  may  erect  on  the  land  thus  taken 
or  held,  proper  buildings,  dikes,  fixtures  and  other  struc- 
tures, and  may  make  excavations,  procure  and  operate 
machinery,  and  provide  such  other  means  and  appliances 
as  may  be  necessary  for  the  establishment  and  mainte- 
nance of  complete  and  effective  w^ater  works ;  and  may 
construct  and  lay  down  conduits,  pipes  and  other  works,  May  construct 

1  1         1  J  •^  ^  1       and  lav  down 

under  or  over  any  lands,  water  courses,  railroads  or  puo-  conduits. 
lie  or   private   ways,  and  along   any  such  way  in   such 
manner  as  not  unnecessarily  to  obstruct  the  same  ;  and 
for  the  purpose  of  constructing,  maintaining  and  repair- 
ing such  conduits,  pipes   and  other  works,   and  for  all 
proper  purposes  of  this  act,  said  town  may  dig  up  any 
such    lands,  and,   under    the    direction    of  the   board    of 
selectmen  of  the  town,  may  enter   upon  and  dig  up  any  May  dig  up 
such  ways  in  such  manner  as  to  cause  the  least  hindrance  direction  of 
to  public  travel  on  such  ways.  ^®  ectmen. 

Section  3.     The  said  town  shall  within    ninety  days  "^.^ ''K'"  ^g^^^' 
after  the  taking  of  any  lands,  rio;hts  of  way,  water  rights,  description  o't 

,  J.  "^  i?  •  1         ii  •         a1  laud,  etc.,  taken. 

water  sources  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Barnstal)le  a  description  thereof 
sufficiently  accurate    for  identification,  Avith    a  statement 


978  1889.  — Chapter  276. 

of  the  purpose  for  which  the  same  was  taken,  signed  by 
the  water  commissioners  hereinafter  provided  for. 
Town  to  pay  Section  4.     The  Said  town  shall  pay  all  daniao'cs  sus- 

susiaiued.  tamcd  Dj  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  things  done  by 
said  town  under  the  authority  of  this  act.  Any  person 
or  corporation  sustaining  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  town  as  to  the  amount 
of  damages  sustained,  may  have  the  damages  assessed 
and  determined  in  the  manner  provided  by  law  when  land 
is  taken  for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  three  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  other 
injury,  under  the  authority  of  this  act ;  but  no  such  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
Application  for  ycars.  No  application  for  assessment  of  damages  shall  be 
be'IL^a^de uniii"  iiiadc  for  thc  taking  of  any  water,  water  right,  or  for  any 
wuhdrawn."""^  iiijuiy  thcrcto,   until  the  water  is  actually  withdrawn  or 

diverted  by  said  town  under  the  authority  of  this  act. 
Water  Loan"         Section  5.     The    Said   town  may,  for  the  purpose  of 
not  to  exceed      pavinof   the    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  sixty-live  thousand  dollars;  such  bonds,  notes 
and  scrip  shall  bear  on  the  face  the  words,  Provincetovvn 
Water  Loan,  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  date  of  issue  ;  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding 
live  per  centum  per  annum,  and  shall  be  signed  by  the 
treasurer  of  the  town  and  be  countersigned  by  the  water 
commissioners  hereinafter  provided  for.  The  said  town 
May  sell  secuii-  may  scU  sucli  sccuritics  at  public  or  private  sale,  or  pledge 
l'aine'ior''^i^oney  tlic  saiuc  for  uiouey  borrowcd  for  the  purposes  of  this  act, 
borrowed.  upou  such  temis  aucl  conditious  as  it  may  deem  proper  : 
provided,  that  such  securities  shall  not  be  sold  or  pledged 
for  less  than  the  par  value  thereof.  The  said  town, 
unless  it  avails  itself  of  the  provisions  of  section  six, 
shall  provide,  at  the  time  of  contracting  said  loan,  for 
Sinking  fund,  the  establishment  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 
maturity.  The  said  sinking  fund  shall  remain  inviolate 
and  pledged  to  the  payment  of  said  loan,  and  shall  be 
used  for  no  other  purpose. 


1889.  —  Chapter  276.  979 

Section  6.     The  said  town   instead  of  establishing  a  May  mate  an- 
sinking  fund  may,  at  the  time  of  authorizing  said  loan,  att'Vayn?eiU8°°' 
provide  for  the  payment  thereof  in  such  annual  propor-  Ifshingsiukiug'' 
tionate  payments  as  \A'ill  extinguish  the  same  within  the  ^"°''- 
time  prescribed  in  this  act;  and  when  such  vote  has  been 
passed,  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  said  town  in  each 
year  thereafter  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  are 
assessed  under   the  provisions    of  section  thirty-four   of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety-one  Retmn  to  state 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  etc?"°  °  ""  ' 
amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established,  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  sec- 
tion, and  the  amounts  raised  and  applied  thereunder  for 
the  current  year. 

Section  8.     The    said   town    shall    raise    annually  by  To  raise  sutH- 
taxation  a  sum  which  with  the  income  derived  from  the  hueVes'taud 
water  rates   will   be  sufficient  to  pay  the  current  annual  expe'Dses"""'*' 
expenses  of  operating  its  water  works  and  the  interest  as 
it  accrues  on  the  bonds,  notes  and  scrip  issued  as  afore- 
said by  said  town,  and  to  make  such  contributions  to  the 
sinking  fund  and  payments  on  the  principal  as  may  be 
required  under  the  provisions  of  this  act. 

Section  9.     Whoever  wilfully  or  wantonly  corrupts.  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  rupihijoi"'^ 
this  act,  or  injures  any  structure,  work  or  other  property  diverting  water. 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the  above  wilful  or  wanton  acts  shall  be  pun- 
ished by  fine  not  exceeding  three  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year. 

Section  10.  The  said  tow^n  shall  after  its  acceptance  water  commia- 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  eiecTe'd.  ° 
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  conmiissioners  ;  and  at  each  annual  town 
meeting  thereafter  one  such  commissioner  shall  be  elected 


980  1889.  —  Chapters  277,  278. 

by  ballot  for  the  term  of  three  years.     All  the  authority 
granted  to  the  said  town  by  this  act,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  board  of 
water   commissioners,  who    shall  be   subject   how^ever  to 
such  instructions,  rules  and  regulations  as  said  town  may 
To  be  trustees    impose  by  its  votc  ;  the  said  commissioners  shall  be  trus- 
Q|E  81U -ing  tun  .  ^^^^    of    the    sinkiug   fund    herein    provided   for,  and    a 
majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business  relative  both  to  the  water 
Vacancies.         works  and  to  the  sinking  fund.     Any  vacancy  occurring 
in   said   board  from  any  cause  may  be  filled  for  the  re- 
mainder of  the  unexpired  term  by  said  town  at  any  legal 
town  meeting  called  for  the  purpose. 
Subject  Jo  ac^         SECTION  11.     Tlils  act  shall  take  efiect  upou  its  acccpt- 
two-'thiids  vote,  aucc    by  a   two-thirds    vote    of  the  voters    of  said  town 
present  and  voting  thereon  at  a  legal  town  meeting  called 
for  the  purpose  within  three  years  from  its  passage  ;  but 
the  number  of  meetings  so  called  in  any  year  shall  not 
exceed  two.  Aj^proved  April  19,  1889. 

OJlCLT)  277   -^^   ^^"^  "^"^   ESTABLISH   THE   SALARY  OF  THE   CLERK   OF   THE   POLICE 

COURT   OF  NEWBURYPORT. 

Be  it  enacted,  etc.,  as  follows: 
Salary  of  clerk.       SECTION  1.     The  Salary  of  the  clerk  of  the  police  court 
of  Newburyport  shall  be  eight  hundred  dollars  a  year,  to 
be  so  allowed  from  the  first  day  of  April  in  the  year  eight- 
een hundred  and  eighty-nine. 

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

Approved  Ap)ril  19,  1889. 


Ckap.218 


An  Act  to  authorize  the  spencer  railroad  company  to  sell 
and  convey  its  railroad  property  and  franchise  to  the 
boston  and  albany  railroad  company. 

Be  it  enacted,  etc.,  as  follows: 
May  sell  road         Section  1.     Thc  SpcHccr  Railroad  Compauy  is  hereby 
fhe  Boston'and°  authorizcd  to  scll,  convey  and  ti-ansfer  to  the  Boston  and 
folldCompaDy.   Albany  Railroad  Company  the  railroad  and  all  the  prop- 
erty, rights,  privileges  and  franchises  of  the  said  Spencer 
Railroad  Company  ;  and  said  Boston  and  Albany  Railroad 
Company  is  hereby  authorized  to  purchase,  receive,  hold, 
operate,  use  and  enjoy  said  railroad  and  all  said  property, 
rights,  privileges    and   franchises    upon  such   terms    and 
conditions  as  shall,  at  any  time  within  one  year  from  the 
passage  of  this  act,  be  approved  by  a  majority  in  interest 


1889.  — Chapter  279.  981 

of  the  stockholders  of  said  Spencer  Railroad  Company 
])resent  and  votins;  at  a  meeting  duly  called  for  the  pur- 
pose and  by  a  vote  of  the  directors  of  said  Boston  and 
All)any  Railroad  Company. 

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

Approved  April  26,  18S9. 

An  Act  relative  to  military  aid.  OhaiJ  279 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Any  city  or  town  may  raise  money  and  Military  aid. 
under  the  direction  of  its  mayor  and  aldermen  or  select- 
men may,  under  the  follow-ing  conditions,  pay  sums 
thereof  to,  or  expend  them  for,  any  worthy  person  who 
shall  have  the  description  and  qualifications  of  the  first 
class  of  persons  described  in  section  two,  or  of  the  sec- 
ond class  described  in  section  three,  or  of  the  third  class 
described  in  section  four,  or  of  the  fourth  class  described 
in  section  five  of  this  act,  as  military  aid. 

Section  2.     Each  person    of  the   first    class    shall  be  First  class. 
qualified  as  follows  : 

First.  He  shall  have  his  settlement  under  the  pauper 
laws  in  the  city  or  town  aiding  him. 

Second.  He  shall  have  served  as  a  soldier,  sailor  or 
commissioned  officer  in  the  army  or  navy  of  the  United 
States  to  the  credit  of  this  Commonwealth  ;  or  in  such 
army  or  navy  in  one  of  the  volunteer  military  organiza- 
tions of  this  Commonwealth  known  as  three  months'  men, 
ninety  days'  men,  or  one  hundred  days'  men,  mustered 
into  the  United  States  service  in  one  of  the  months  of 
April,  May,  June  or  July  in  the  year  eighteen  hundred 
and  sixty-one,  or  April,  May,  July  or  August  in  the  year 
eighteen  hundred  and  sixty-four ;  or  in  such  army  or 
navy  to  the  credit  of  any  other  state,  between  the  nine- 
teenth day  of  April  in  the  year  eighteen  hundred  and 
sixty-one  and  the  eighteenth  day  of  March  in  the  year 
eighteen  hundred  and  sixty-two,  having  lieen  a  resident 
of  this  Commonwealth  actually  living  therein  at  the  time 
of  his  enlistment. 

Third.  He  shall  have  been  honorably  discharged  from 
such  United  States  service. 

Fourth.  He  shall  be  a  poor  and  indigent  person 
standing  in  need  of  relief,  by  reason  of  sickness  or  other 
physical  disability,  who  would  otherwise  be  entitled  to 
relief  under  the  pauper  laws. 


982 


1889.  — Chapter  279. 


Second  class. 


Third  class. 


Fourth  class. 


Aid  to  those  of 
third  and  fourth 
classee  to  be 
furnished  upon 
order  of  com- 
miBsioners. 


Fifth.  He  shall  not  be,  directl}'  or  indirectly,  in  the 
receipt  of  any  other  pension,  state  or  military  aid. 

Sixth.  He  shall  not  be  entitled,  under  the  laws  of 
the  United  States  or  under  the  rules  o-overnino;  such  insti- 
tutions,  to  admission  to  any  national  soldiers'  or  sailors' 
home,  and  his  disability  must  have  arisen  from  causes 
independent  of  his  service  aforesaid,  except  in  such  cases 
of  applicants  for  pensions,  while  their  applications  are 
pending,  as  the  mayor  and  aldermen  or  selectmen  are 
satisfied  upon  evidence  first  reported  to  the  commissioners 
of  state  aid,  and  satisfactory  to  them,  that  justice  and 
necessity  require  such  aid  to  prevent  actual  suffering,  and 
in  case  of  such  unmarried  applicants  that  they  cannot 
obtain  assistance  at  a  national  soldiers'  or  sailors'  home. 

Section  3.  Each  person  of  the  second  class  shall  have 
his  settlement  under  the  pauper  laws  in  the  city  or  town 
aiding  him  and  be  further  qualified  as  follows  :  He  shall 
be  an  invalid  pensioner,  and  entitled  to  receive  state  aid 
under  the  provisions  of  an  act  entitled.  An  Act  providing 
for  the  payment  of  state  aid,  of  the  acts  of  the  current 
year,  w'hose  pension  and  state  aid  shall  be  inadequate  for 
his  relief,  and  who  would  otherwise  receive  relief  under 
the  pauper  laws,  but  while  actually  aided  under  such 
chapter  he  shall  not  receive  aid  under  this  act. 

Section  4.  Each  person  of  the  third  class  shall  have 
all  the  qualifications  recited  in  section  two  for  persons  of 
the  first  class,  except  settlement  under  the  pauper  laws, 
but  in  lieu  of  such  settlement  he  shall  be  an  actual  resi- 
dent of  the  city  or  town  aiding  him  and  his  residence 
therein  shall  have  been  continuous  during  the  three  years 
last  preceding  his  receipt  of  aid  under  this  chapter. 

Section  5.  Each  person  of  the  fourth  class  shall  have 
all  the  qualifications  recited  in  section  three  for  persons  of 
the  second  class,  except  settlement  under  the  pauper  laws, 
but  in  lieu  of  such  settlement  he  shall  be  an  actual  resi- 
dent of  the  city  or  town  aiding  him,  and  his  residence 
therein  shall  have  been  continuous  during  the  three  years 
last  preceding  his  receipt  of  aid  under  this  chapter. 

Section  6.  No  city  or  town  shall  render  aid  under 
this  act  to  any  person  of  the  third  or  fourth  classes  with- 
out first  obtaining  from  the  commissioners  of  state  aid, 
after  furnishing  them  such  evidence  as  they  may  require 
that  the  person  to  receive  aid  is  entitled  thereto  as  may 
be    ordered,  an    order  fixing   the   maximum  amount  per 


1889.  —  Chapter  279.  983 

week  within  which  payments  may  be  made,  the  period 
during  which  aid  may  be  aUowed,  and  stating  such  other 
conditions  as  they  may  impose  rehitive  to  such  aid,  which 
order  may  be  revoked  or  moditied  by  such  commissioners 
by  giving  written  notice  to  the  city  or  town  procuring  it. 

Section  7.     No  person  shall  be  compelled  to  receive  Not  compelled 

•  1  1  ,^•  i         • ,  1  J      1   •  j_  AT  t°  roceive  aid 

aid  under  this  act  without  his  consent.  JNo  person  re-  without  con- 
ceiving  aid  under  this  act  shall  receive  aid  under  the  *^"'" 
provisions  of  an  act  entitled,  An  Act  providing  for  the 
payment  of  state  aid,  of  the  acts  of  the  current  year. 
Any  person  receiving  aid  under  this  act  may  be  required 
by  the  mayor  and  aldermen  or  the  selectmen  granting 
him  the  same,  or  by  the  commissioners  of  state  aid,  as  a 
condition  of  granting  such  aid,  to  pay  over  his  pension  to 
said  mayor  and  aldermen  or  selectmen,  to  be  expended 
for  his  relief  before  he  shall  receive  such  aid.  No  person 
shall  be  required  to  receive  the  relief  or  support  furnished 
under  this  act  in  any  almshouse  or  public  institution, 
unless  his  physical  or  mental  condition  requires  it,  or  he 
chooses  to  do  so  ;  and  except  in  such  cases  it  shall  be 
paid  to,  or  expended  for,  only  those  persons  who  live 
separately  from  persons  receiving  sui)port  as  paupers. 

Sectiox  8.     All  aid  furnished  under  the  provisions  of  ^//^j'^^^^i^P/gj. 
this  act  shall  be  applied  solely  for  the  benefit  of  the  per-  benefli of  pe.-- 

•      •       •  111  1111        son  inteuded. 

son  tor  wdiom  it  is  intended,  and  no  greater  sum  shall  be 
paid  to   or  for  any  person  under  this  act  than  shall   be 
necessary  to    furnish  him  reasonable   relief  or    support ; 
and  no  sum  shall  be  paid  to  or  for  any  person  competent 
to  support  himself,  or  in  receipt  of  income  or  in  owner- 
ship of  property  sufficient  for  his  own  support,  nor  to  or 
for  any  person  more  than  is  necessary  in  addition  to  his 
income  and  property,  for  his  personal  relief  or  support. 
And  no  relief  shall  be  given  under  this  act  to  or  for  any  Relief  not  to  be 
person  whose  necessity  therefor  is   caused  by  voluntary  necessnyis 
idleness  or  who  is  known  to  be  in  the  practice  of  vicious  umary id^elesa 
and  intemperate  habits.     Municipal  authorities    granting  ^awts."'^*'''''^ 
aid  under  this  act  shall  from  time  to  time  after  its  original 
allowance  make  such  investigation  into  the  necessities  of 
the  person  aided  and  the  tacts  of  his  case,  and  any  change 
thereof,  as  to  preclude  any  payment  of  aid  contrary  to 
the  terms  of  this  act. 

Section  9.     The  auditor  of  the   Commonwealth,  the  commissionerB 
adjutant-general  and    some  competent  third   person    ap- 
pointed by  the  governor  and  council,  with  a  salary  to  be 


984  1889.  —  Chapter  279. 

fixed  by  them  not  exceeding  eighteen  hundred  dollars  per 
annum,  who  shall  devote  his  whole  time  to  the  duties  of 
his  ofiice,  shall  be  commissioners  of  state  aid,  and  shall 
perform  the  duties  required  of  such  commissioners  under 
the  laws  relating  to  state  and  military  aid.  Said  commis- 
sioners shall  investigate  all  payments  of  money  under  any 
and  all  such  laws,  so  far  as  the  interests  of  the  Common- 
wealth may  require. 
etcTtoTe^'ceral  SECTION  10.  Whcu  any  sum  shall  have  been  expended 
tied  to  the  audi- under  and  accordino;  to  this  act,  the  full  amount  so  ex- 

tor  uudfi-  oatli.  i     i      i  i  ^r-     i  •     •  i 

pended,  the  names  ot  the  persons  receiving  the  same,  and 
the  names  of  the  companies  and  regiments  or  vessels,  if 
any,  in  which  they  respectively  enlisted,  and  in  which 
they  last  served,  the  sums  received  by  each,  and  the  rea- 
sons for  the  expenditure  in  each  case,  with  such  other 
details  as  the  commissioners  of  state  aid  may  require, 
shall  1)6  certified  under  oath  to  the  auditor  in  manner 
approved  by  him  by  the  mayor,  treasurer,  and  city  clerk 
of  any  city  or  by  a  majority  of  the  selectmen  of  any  town 
disbursing  the  same,  within  ten  days  after  the  first  day  of 
the  month  next  after  the  expenditure  is  made ;  and  the 
commissioners  of  state  aid  shall  examine  the  certificates 
thereof,  and  allow  and  indorse  upon  the  same  such  sums 
as  in  their  judgment  have  been  paid  and  reported  accord- 
ing to  this  act.  In  the  allowance  of  said  commissioners 
they  may  consider  and  decide  upon  the  necessity  of  the 
amount  paid  in  each  case,  and  they  may  allow  any  portion 
thereof  which  they  may  deem  proper  and  lawful,  and 
which,  in  cases  of  payment  to  or  for  persons  of  the  third 
or  fourth  classes,  they  shall  also  find  to  have  been  made 
Reimbursement  accoi'diug  to  their  oi'dcrs.  Of  the  sums  so  allowed  and 
m^onweai'tir.  ludoi'sed  by  the  commissioners,  one-half  and  no  more  of 
all  payments  made  to  or  for  persons  of  the  first  and 
second  classes,  and  the  whole  of  all  payments  made  to  or 
for  persons  of  the  third  and  fourth  classes,  shall  be  re- 
imbursed by  the  Commonwealth  to  the  town  or  city 
expending  the  same  on  or  before  the  first  day  of  Decem- 
ber in  the  year  next  after  the  year  in  which  the  same 
have  been  paid.  Said  commissioners,  with  the  approba- 
tion of  the  governor,  may  appoint  as  occasion  may  re- 
quire one  or  more  disinterested  persons,  whose  duty  it 
shall  be  to  investigate  any  claim  or  claims  made  against 
the  Commonwealth  for  reimbursement,  who  may  examine 
any  persons  receiving   relief  under  this  act  and  investi- 


1889.  —  Chapter  279.  985 

gate   the   reasons    therefor,  and    all    matters    relatino;    to 

the  granting  of  such   relief,  and   who  shall   report  their 

doings  to  said  commissioners.      The  reasonable  expenses  Expenses  of 

or  the  commissioners  and  expenses  and  compensation  ot 

such  disinterested  person  or  persons,  approved    by  said 

commissioners  and  allowed  by  the  governor  and  council, 

shall  be  paid  from  the  treasury  of  the  Commonwealth. 

Section  11.  Sections  ten,  eleven,  twelve,  sixteen  and  ^^"peai. 
that  part  of  section  seventeen  beginning  with  the  word 
"one-half"  and  continuing  to  the  end  of  said  section  of 
chapter  thirty  of  the  Public  Statutes  are  hereby  repealed, 
and  no  aid  shall  be  paid  under  said  sections  although  pro- 
vided for  by  any  other  act  or  resolve  ;  but  all  special 
resolves  authorizing  the  payment  of  aid  to  individuals 
under  said  sections  shall  be  construed  to  authorize  the 
payment  thereof  under  this  act  under  the  same  limitations 
of  time  and  other  conditions  provided  in  said  resolves  for 
payment  under  said  sections.  And  the  provisions  of  this 
act,  so  far  as  they  are  the  same  as  those  of  existing  laws, 
shall  be  construed  as  a  continuation  thereof.  Chapter 
two  hundred  and  fourteon  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five  and'  sections  two  and  four  of 
chapter  four  hundred  and  thirty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight  are  hereby  re- 
pealed. 

Section  12.  The  provisions  of  this  act  shall  continue  Provisions  to  be 
in  force  until  the  first  day  of  January  in  the  year  eighteen  j"an?T,''i895. 
hundred  aiid  ninety-five  and  no  longer,  except  such  pro- 
visions as  relate  to  settlement  of  accounts  for  payment  of 
aid  rendered  by  cities  and  towns  previous  to  said  date  and 
reimbursement  thereof,  which  provisions  shall  continue  in 
force  one  year  only  after  said  date.  But  the  expiration  of 
this  act  shall  not  be  held  to  revive  any  act  or  resolve  or 
any  part  thereof  in  this  act  repealed.  No  special  act  or 
resolve  now  in  force  or  hereafter  passed  granting  military 
aid  to  persons  therein  named,  payable  under  this  act,  shall 
continue  in  force  after  the  date  first  named  in  this  section 
unless  otherwise  expressly  provided. 

Section  13.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  June  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  April  26,  1889. 


986 


1889.  —  Chapters  280,  281. 


Diocesan  Board 
of  Missions, 
incorporated. 


CJl(ip.2S0  ■'^N  Act  to  incorporate  the  diocesan  board  of  missions  of  the 

PROTESTANT   EPISCOPAL  CHURCH   IN   MASSACHUSETTS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Benjamin  H.  Paddock,  Phillips  Brooks, 
Henry  F.  Allen,  Thomas  F.  Fales,  A.  St.  John  Chambre, 
George  S.  Converse,  John  T.  Magrath,  Henry  L.  Foote, 
Charles  H.  Learoyd,  Edward  Osborne,  Alexander  H. 
Vinton,  Charles  W.  Duffield,  Reginald  H.  Howe,  H.  N. 
Bigelow,  William  C.  Levering,  Robert  Treat  Paine, 
George  C.  Shattuck,  Daniel  B.  Hagar,  John  S.  Blatch- 
ford,  Edward  L.  Davis,  Edmund  H.  Bennett,  Charles  G. 
Saunders,  A.  J.  C.  Sowdon,  James  Cunningham  and  M. 
P.  South  worth  and  their  successors,  are  hereby  made  a 
corporation  under  the  name  of  the  Diocesan  Board  of  Mis- 
sions, for  the  purpose  of  conducting  missionary  operations 
within  the  Commonwealth.  Nothing  herein  shall  affect 
the  power  of  the  convention  of  the  protestant  episcoj)al 
church  in  the  diocese  of  Massachusetts  to  make  such  rules 
and  regulations  or  so  to  alter  or  amend  the  constitution  of 
the  said  board,  as  the  said  convention  shall  deem  necessary 
or  proper  to  promote  the  purpose  for  which  the  said  board 
is  incorporated  as  aforesaid. 

Section  2.  For  the  object  designated  in  the  first  sec- 
tion of  this  act  generally,  or  for  any  purpose  connected 
with  such  object,  the  said  corporation  shall  have  power 
from  time  to  time  to  purchase,  take  l)y  gift,  grant,  devise 
or  bequest  and  hold  real  and  j^ersonal  estate,  and  to  sell, 
lease  or  otherwise  dispose  of  the  same,  to  an  amount  not 
exceeding  five  hundred  thousand  dollars. 

Section  3.  This  corporation  shall  possess  the  general 
powers  and  privileges  and  be  sulrject  to  the  duties,  re- 
strictions and  liabilities  contained  in  all  general  laws  which 
now  or  hereafter  may  be  in  force  and  applicable  to  such 
corporations. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1S89. 


Real  and 
personal  estate. 


Powers  and 

duties. 


OAttW  281   -^^   ^^^  "^^  ESTABLISH  THE  SALARY  OF  THE  JUSTICE  OF   THE  FOURTH 

DISTRICT  COURT   OF   PLYMOUTH. 


Salary  of 
justice. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  justice  of  the  fourth  dis- 
trict court  of  Plymouth  shall  be  one  thousand  dollars  a 


1889.  — Chapter  282.  987 

year,  to  be  so  allowed  from  the  first  day  of  April  in  the 
year  eighteen  hundred  and  eighty-nine. 

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

Approved  April  26,  18S9. 

An  Act  to  further  amend  an  act  to  incorporate  the  trus-  nhnj)  282 

TEES   OF   THE   SOLDIERS'   HOME   IN   MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and  a^g^ded. 
eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-seven,  as  amended  by  chapter  thirty-two  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six,  is 
hereby  further  amended  by  striking  out  all  of  said 
section  after  the  word  "  officers  "  in  the  thirteenth  line, 
and  inserting  in  place  thereof  the  w'ords  : — The  whole 
number  of  said  trustees  shall  not  exceed  twenty-one,  Trustees. 
three  of  whom  shall,  after  the  first  Monday  of  May  in 
the  year  eighteen  hundred  and  eighty-nine,  be  appointed 
by  the  governor  by  and  with  the  advice  and  consent  of  the 
council,  one  to  hold  office  for  the  term  of  three  years,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  one 
year,  beginning  with  said  first  Monday  of  May  ;  and  annu- 
ally thereafter  a  trustee  shall  be  appointed  as  aforesaid,  to 
hold  for  the  term  of  three  years  beginning  with  the  first 
Monday  of  May  in  the  year  of  his  appointment.  Any 
vacancy  occurring  among  the  trustees  ap[)ointed  as  afore- 
said shall  be  filled  by  the  appointment  by  the  governor  as 
aforesaid,  of  a  trustee  for  the  remainder  of  the  unexpired 
term.  Whenever  a  vacancy  shall  occur  among  the  other  vacancies. 
eighteen  trustees,  and  the  number  of  said  other  trustees 
who  are  members  of  the  Department  of  Massachusetts, 
Grand  Army  of  the  Republic,  shall  be  less  than  fifteen, 
the  remaining  trustees  including  those  appointed  by  the 
governor  shall  select  a  member  of  said  department  to  fill 
said  vacancy  ;  but  if  said  number  shall  be  fifteen  or  more, 
they  may  select  any  inhabitant  of  the  Commonwealth  to 
fill  the  vacancy. 

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

Ajyproved  April  26,  1889. 


988  1889.  — Chapter  283. 


Chrfp.2S3  ^^  ^^"^  '^^  AUTHOHIZE  THE  CITY  OF  BOSTON  TO  EXTEND,  WIDEN  AND 
ALTEK  THE  GRADE  OF  CERTAIN  STREETS  IN  SAID  CITY  AND  TO  PRO- 
VIDE FOR  THE  COST  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 
Street  commia-        Sectiox  1.     TliG  board  of  Street  commissioners  of  the 

Bioners  may  •  r  rt       ^  i  •  i-  r-\ 

extend E.stern  citv  01  Jiostoii  may  lay  out  ail  extension  ot  Eastern  av'enue 
Bo^ston.'"  °"  or  Congress  street,  so  called,  in  South  Boston,  and  may 
widen  and  alter  the  grade  of  said  street  or  any  portion 
thereof  as  now  laid  out,  so  as  to  carry  said  street  by  a 
highway  bridge  over  the  railroad  of  the  New  York  and 
New  England  Railroad  Company,  in  accordance  with  plans 
to  l)e  approved  l)y  the  board  of  harbor  and  laud  commis- 
sioners. 
May  lay  out  an       Section  2.     Said  boai'd  of  strcet  commissioners  may 

extension  of  .  ,  .  „    ^^,.  ,      y 

Oliver  street,  also  lay  out  ail  cxtensiou  oi  Oliver  street,  so  called,  in 
said  city,  easterly  to  Fort  Point  channel,  and  may,  subject 
to  the  provisions  of  chapter  nineteen  of  the  Public  Statutes, 
lay  out  a  public  highway  bridge  across  said  channel  to 
connect  with  Northern  avenue,  so  called,  as  said  avenue  is 
authorized  to  be  laid  out  in  South  Boston. 

Provisions  of  SECTION  3.     The  provisious  of  all  General  laws  appli- 

genural  laws  ii.  •  i        •  ii  •  /-ii 

to  apply.  cable  to  the  laying  out,  widening  and  alteration  of  liign- 

ways  in  the  city  of  Boston  shall  apply  to  all  acts  and 
things  done  under  the  authority  of  this  act,  except  as 
herein  otherwise  provided. 

City  may  incur        SECTION  4.     The  citv  of  Bostou,  for   the  purpose  of 

indebtt'dness  ,  .-  ii-  • 

beyond  tiie  debt  paying  the  expenses  incurred  under  this  act,  may  incur 
ammint  not  indebtedness  and  may  authorize  the  city  treasurer  of  said 
$5oo!ooo.^  city  to  issue,  from  time  to  time  as  may  be  required  there- 

for, bonds  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  live  hundred  thousand  dollars,  outside  of  the 
limit  of  inde])tedness  fixed    by  law  for  said  city.     Such 
bonds  or  certificates  shall   be  payable  Avithin  thirty  years 
from  their  date,  and  shall  bear  interest  at  a  rate  not  ex- 
ceeding four  per   centum  per  annum,  to  be  fixed  as  pro- 
vided in  the  ordinances  of  said  city.     Said  treasurer  shall 
Bonds  to  be  sold  scll  sucli  bouds  or  Certificates  or  any  part  thereof,  from 
from  tune  to      tiiiie  to  time,  and  retain  the  proceeds  thereof  in  the  treas- 
ury of  said  city,  and  pay  therefrom  the  expenses  incurred 
Proviso.  fop   the   purposes    aforesaid  :  provided,  however,  that  the 

premiums,  if  any,  received  in  the  sale  of  such  l)onds  or 
certificates  shall  be  paid  over  to  the  board  of  commis- 
sioners of  sinking  funds  of  said  city  and  be  placed  in  the 


1889.  — Ceiapters  284,  285.  989 

sinking  fund  created  for  the  payment  of  the  loan  herein 
authorized.  Except  as  herein  otherwise  provided,  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  apply  to 
the  issue  of  such  bonds  or  certificates,  and  to  the  estab- 
lishment of  a  sinking  fund  for  the  payment  thereof  at 
maturity. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1889. 

An  Act  relative  to  persuading  or  aiding  seamen  not  to  pro-  (7/^019.284 
ceed  on  the  voyage  for  which  they  have  shipped. 

Be  it  enacted,  etc. ,  as  follows : 

Section  eiii'ht  of  chapter  sixty-nine  of  the  Public  Statutes  Amendment  to 
is  hereby  amended  by  striking  out  in  the  third  line  thereof    •   ■    •«  • 
the  words  "  and  has  received  advanced  wages  therefor", 
so   as  to   read   as  follows,  viz.:  —  Section  8.     Whoever 
knowingly  and  wilfully  persuades  or  aids  a  person  who  Penalty. 
has  shipped  on   a  voyage  from  a  port  in  this  Common- 
wealth, wilfully  to  neglect  to  proceed    on    such  voyage, 
shall  forfeit  a  sum  not  exceeding  one  hundred  dollars. 

Ap2)7-oved  Apjril  26,  1889. 

An  Act  to  incorporate  the  bourne  cemetery  association.    (Jhan  285 

Be  it  enacted,  etc.,  as  follows: 

Section'    1.     George   I.    Briggs,    George   W.    Perry,  BoumeCeme- 
David  W.  O.  Ellis,  Samuel  Bourne,  Jerome  L.  Bourne,  uou/incor-"*' 
Ordello  R.    Swift,   George   W.  Ellis,    Elisha    Ellis    and  p"'"'''''^'^- 
Warren   P.  Keeue,  their  associates    and    successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Bourne 
Cemetery  Association,  for  tlie  purpose  of  perfecting,  con- 
trolling and  improving  the  grounds  set  apart,  used  and 
known  as  the  cemetery  in  the  village  of  Bourne  in  the 
town    of  Bourne.     Said    corporation    shall    have    all  the 
powers  and  be  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  all  general  laws  which  now  are  or 
hereafter  may  be  in  force  applicable  to  such  corporations, 
except  as  is  otherwise  provided  in  this  act. 

Section  2.     The  said  corporation  may  take  and  hold  ^j}y*^^*g^°'^jjg 
the  real  estate  known  as  the  Bourne  cemetery  lot  situate  cemetery  lot. 
in  that  part  of  the  town  of  Bourne  called  Bom'ne. 

Section  3.     The  said  corporation  may  acquire  by  gift,  Mayacquireand 
devise  or  purchase,  and  hold  m  tee  simple,  so  much  real 


990  1889.  — Chapters  286,  287,  288. 

personal  estate  in  the  village  of  Bourne  in  the  town  of  Bourne, 

and  may  also  hold  so  much  personal  property,  as  may  be 
necessary  for  the  ol)jects  connected  with  and  appropriate 
to  the  purposes  of  said  corporation, 

damairs'."^  SECTION  4.     Any  pcrsou  claiming  to  be  aggrieved  by 

the  provisions  of  this  act  may  at  any  time  within  one  year 
after  this  act  takes  effect  apply  by  petition  to  the  supe- 
rior court  for  the  county  of  Barnstable,  and  his  damages, 
if  any,  shall  be  assessed  and  determined  by  and  under 
the  direction  of  said  court,  and  shall  be  paid  by  said 
Bourne  Cemetery  Association. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1889. 

Ch(lV.2SQ  -^^  "^^^  EXTENDING  THE  PUG  VISIONS  OF  THE  PUBLIC  STATUTES 
RELATING  TO  THE  TAXABLE  VALUATION  OF  VESSELS  ENGAGED 
IN   THE   FOUEION    CARRYING    TRADE. 

Be  it  enacted,  etc.,  as  foUoivs: 

fxUiV^tmot  Section  1.     The  provisions  of  section  ten  of  chapter 

p.  s.  n,  §  10,  as  eleven    of  the  Public    Statutes    as    amended    by  chapter 

&ni6DQ6u  bv 

1887,373.  three  hundred  and  seventy-three  of  the  acts  of  the  year 

eighteen  hundred  and  eighty-seven  are  hereby  renewed 
and  extended  for  the  term  of  two  years. 

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

Approved  Ap)ril  26,  1889. 

CIlUn.lST   ^^  -^^"^    CHANGING    THE   TIME   OF  THE    SITTINGS   OF    THE   SUPERIOR 
COURT   FOR   CIVIL    BUSINESS   FOR   THE   COUNTY   OF  NORFOLK. 

Be  it  enacted,  etc.,  as  folloios: 

^o?^l°to\T^^        The  superior  court  for  civil  business,  for  the  county  of 
county.  Norfolk,  HOW  required  to  be  held  at  Dedham,  within  and 

for  the  county  of  Norfolk,  on  the  fourth  Mondays  of 
April,  September  and  December  in  each  year,  shall  here- 
after be  held  on  the  first  Mondays  of  January,  May  and 
October  in  each  year.  Ajiproved  April  26,  1889. 

Chaj)  288   ^^   ^^^  ^^    relation   to   the   RETURNS   OF    BIRTHS   BY   PHYSICIANS 

AND   MIDWIVES. 

Be  it  enacted,  etc.,  as  follows  : 

p'^^'32™!"**"  Section  seven  of  chapter  thirty-two  of  the  Public  Stat- 
utes, as  amended  by  chapter  one  hundred  and  fifty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-three, 
is  hereby  further  amended  by  striking  out  in  the  second 


1889.  — Chapters  289,  290,  291.  991 

and  third  lines  of  said  section  the  words  "  except  Boston", 
so  as  to  read  as  follows  :  —  Section   7.     Physicians   and  by  physrciaos  ^ 
midwives  shall  on  or  before  the  fifth  day  of  each  month  ^„"trmade'' 
report  to  the  clerk  of  each  city  or  town  a  correct  list  of  momhiy. 
all  children  born  therein  during  the  month  next  preceding, 
at  whose   birth   they  were   present,  stating  the  date  and 
place  of  each  birth,  the  name  of  the  child  (if  it  has  any), 
the  sex  and  color  of  the  child,  the  name,  place  of  birth 
and  residence  of  the  parents,  and  the  occupation  of  the 
father.     The   fee  of  the   physician  or  midwife  shall  be 
twenty- five    cents   for  each    birth  so    reported  and    shall 
be  paid  by  the  city  or  town  in  which  the  report  is  made. 

Approved  April  26,  1889. 

An  Act  to  establish  the  salary  of  the  clerk  of  the  police  QJi(ip,28Q 

COURT   of   FITCHBURG. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  clerk  of  the  police  court  Salary  of  cierk. 
of  Fitchburg  shall  be  eight  hundred  dollars  a  year,  to  be 
so  allowed  from  the  first  day  of  March  in  the  year  eight- 
een hundred  and  eighty-nine. 

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

Approved  April  26,  1889. 


An  Act  to  confirm  a  deed  given  by  the  first  congregational 

PARISH   of   DALTON. 


Chap.2^0 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  deed  given  by  the  First  Congrega-  Deed  confirmed. 
tional  Parish  of  Dalton,  dated  December  fourth,  eighteen 
hundred  and  eighty-eight,  and  recorded  in  the  middle 
district  registry  of  deeds  in  the  county  of  Berkshire,  libro 
two  hundred  and  sixty-eight,  folio  five  hundred  and 
eighty-five,  and  purporting  to  convey  certain  lands  situ- 
ated in  said  Dalton  to  Zenas  Crane,  is  hereby  ratified  and 
confirmed,  and  made  valid  in  all  respects. 

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

Approved  April  26,  1889. 

An  Act  relating  to  the  employment  of  children.  (77ia».291 

Be  it  enacted,  etc. ,  as  folloios : 

Section  seven  of  chapter  three  hundred  and  forty-eight  ^"g^g^s'TT^" 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
is  hereby  amended  by  inserting  after  the  word  "  unless", 


992  1889.  — Chapters  292,  293. 

in  the  seventh  line  of  said  section,  the  words  :  —  such  child 
can  read  at  sight  and  write  legibly  simple  sentences  in  the 
Enijlish  lano:uao:e  or  is,  —  so  as  to  read  as  follows  :  —  No 
Employment  child  wlio  has  bccn  continuously  a  resident  of  a  city  or 
town  since  reaching  the  age  of  thirteen  years  shall  be  en- 
titled to  receive  a  certificate  that  he  has  reached  the  age 
of  fourteen  unless  or  until  he  has  attended  school  accord- 
ing to  law  in  such  city  or  town  for  at  least  twenty  weeks 
since  reaching  the  age  of  thirteen,  unless  such  child  can 
read  at  sight  and  write  legibly  simple  sentences  in  the 
English  language  or  is  exempted  by  law  from  such  attend- 
ance. Approved  April  26,  1889. 

Ch(ip.2iQ2  "^^   ^CT   "^O  EXTEND  THE   TIME   FUR  THE   TAKING    OF   FISH   IN  NORTH 

RIVER   IN   THE   COUNTY   OF   PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 
lo?vI\nTi!h.  Section  four  of  chapter  forty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-one  is  hereby  amended 
by  striking  out  the  word  "June",  in  the  fourth  line  of 
said  section,  and  inserting  in  place  thereof  the  word  :  — 
July,  —  so  as  to  read  as  follows:  —  Section  4.  It  shall 
be  lawful  for  the  inhabitants  of  the  several  towns  on  North 
river  to  take  fish  on  Mondays,  Wednesdays  and  Fridays 
of  each  week,  from  April  first  to  July  first  inclusive,  of 
each  year,  with  ten  seines  only  in  the  manner  following, 
to  wit:  —  The  towns  of  Norwell,  Scituate  and  Pembroke 
shall  each  have  the  right  of  disposing  at  public  auction  for 
their  own  benefit,  of  the  privilege  of  catching  fish  with  two 
seines  only,  and  the  town  of  Marshfield  the  right  of  dis- 
posing at  public  auction  for  their  own  benefit,  of  the 
privilege  of  catching  fish  with  four  seines  only,  in  the 
river  aforesaid.  Approved  May  5,  1889. 

Ck(l7).2Q3  ^^  ^^^  '^'^  RATIFY  AND  CONFIRM  THE  PROCEEDINGS  OF  THE  TOWN 
MEETING  OF  THE  TOWN  OF  MOUNT  WASHINGTON  HELD  IN  THE 
YEAR   EIGHTEEN    HUNDRED    AND   EIGHTY-NINE. 

Be  it  enacted,  etc.,  as  follows: 
u)wn^me'et!n|*  Section  1.  The  procccdings  of  the  town  meeting  of 
conrtrmed.  the  towu  of  Mouut  Washington,  held  on  the  twenty-fifth 
day  of  March  in  the  year  eighteen  hundred  and  eighty- 
nine,  are  hereby  made  valid  and  efiectual  notwithstanding 
any  defects  in  the  warrant  calling  said  meeting,  or  in  the 
service  thereof,  or  any  failure  to  attest  any  copy  of  said 
warrant. 

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

Approved  May  3,  1889. 


1889. —Chapters  294,  295.  993 


An  Act  in  relation  to  the  approval  of  bills  for  the  main-  nhri^j  9f)l 

TENANCE   OF   THE   STATE   PRISON,   TIIK   REFORMATORY    PRISON    FOR  -^ 

WOMEN   AND   THE   MASSACHUSETTS   REFORMATORY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  bills  contracted  by  the  warden  of  the  hhis  contractpd 
state  prison,  the  superintendent  of  the  reformatory  prison  lo^  be  approved' 
for  women,  or  the   superintendent  of  the  Massachusetts  efs'befo^r"""' 
reformatory,  for  the  maintenance  of  said  institutions  and  payment. 
the  pay-rolls  for  salaries  of  oiBcers  and  employees  thereof, 
shall  be  approved  by  a  majority  of  the  commissioners  of 
prisons  before  payment. 

Section  2.     Chapter  three  hundred  and  thirty-seven  Repeal. 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
is  hereby  repealed. 

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

Approved  May  3,  1889. 


An  Act   granting  additional  powers  to  the  new   Bedford 

GAS   light   company. 


(7/m^.295 


Be  it  enacted,  etc.,  as  follows. ' 

Section  1.  The  New  Bedford  Gas  Light  Company,  in  May  furnish  gas 
addition  to  the  rights  and  powers  conferred  upon  it  by  FairhaVeu."'" " 
its  original  act  of  incorporation,  is  hereby  authorized  to 
furnish  to  the  inhabitants  of  the  town  of  Fairhaven  gas 
for  illuminating,  heating  and  mechanical  purposes,  and 
to  generate  and  furnish  to  said  inhabitants  electricity  for 
purposes  of  light  and  power.  And  said  corporation  may, 
for  said  purposes  of  supplying  gas  and  electricity,  extend 
its  mains,  pipes  and  wires,  and  erect  poles  necessary  for 
the  accomplishment  of  the  foregoing  purposes. 

Section  2.     Said  corporation  before  commencing  opera-  Subject  to  con- 
tions  under  this  act  shall  obtain  the  written  consent  of  the  seiectmlu! 
selectmen  of  said  Fairhaven  to  dig  up,  oj)en  and  encumber 
the  around  in  anv  of  the  streets  of  said  town  so  far  as 
may  be  necessary  to  carry  into  effect  the  authority  hereby 
given. 

Section  3.  Except  as  hereinbefore  provided  said  cor-  Po\yer8and 
poration,  in  so  furnishing  gas  and  electricity  in  the  town 
of  Fairhaven,  shall  have  all  the  powers  and  privileges  and 
be  subject  to  all  the  duties,  liabilities  and  restrictions  set 
forth  in  all  general  laws  which  now  are  or  may  hereafter 
be  in  force  relating  to  gas  and  electric  light  companies. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  3,  1889. 


994  1889.  —  Chapters  296,  297. 


C^«».296   ^^    ■^^'^     "^^    CONFIRM    CERTAIN     ACTS     OF   THE    BRIGHTON   AVENUE 

BAPTIST   SOCIETY   IN   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Certain  acts  SECTION  1.     All  acts  of  the  Brighton  Avenue  Baptist 

connrmed.  ,.i  iniiii  ii 

Society  in  Boston,  which  could  legally  have  been  done  by 
any  religious  society,  from  the  fifteenth  day  of  May  in  the 
year  eighteen  hundred  and  seventy-eight  to  the  eleventh 
day  of  March  in  the  year  eighteen  hundred  and  eighty- 
nine,  as  recorded  by  the  clerk  of  said  society  in  its  book 
of  records,  are  hereby  ratified,  confirmed  and  established 
as  legal  and  binding,  and  all  officers  of  said  society  de- 
clared by  said  records  to  have  been  elected  shall  be 
deemed  to  have  been  legally  elected  and  qualified,  any 
informalities  or  omissions  in  said  records  to  the  contrary 
notwithstanding. 

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

Approved  May  3,  1889. 

Ch<X7).2iQ7    ^^   -^^^   "^^   ENLARGE   THE   POWERS   OF  THE   SCHOOL  COMMITTEE   OF 
^  *  THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Powers  of  SECTION  1.     Scction  six  of  chapter  two  hundred  and 

school  commit-       .  /.,  n    .1  -ij  iii  1 

tee  of  Boston      forty-oue  01  the  acts  of  the  year  eighteen  hundred  and 
" seventy-five  is  hereby  repealed,  and  the  following  substi- 

tuted therefor  :  —  Section  6.  The  school  committee  shall 
have  full  power  and  authority  to  order  to  be  made  on  the 
school  buildings  any  additions,  alterations  and  repairs,  for 
school  purposes,  which  it  deems  to  be  necessary ;  to  pro- 
vide temporary  accommodations  for  school  purposes  ;  to 
select,  bond  and  purchase  the  land  required  for  school 
buildings  and  their  yards ;  and  to  fix  finally  and  con- 
clusively the  plans  for  school  buildings  to  be  erected ; 
provided  that  nothing  herein  shall  authorize  said  school 
committee,  in  behalf  of  the  city  of  Boston,  to  expend  or 
contract  to  expend  for  said  purposes  any  money  in  excess 
of  the  amount  previously  appropriated  therefor. 

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

Approved  May  3,  1889. 


enlarged. 


1889.  — Chapters  298,  299.  995 


An  Act  to  authokize  cities  and  towns  to  furnish  relief  to  njiart  298 

SOLDIERS  AND  SAILORS  AND  THE  WIDOWS  OF  SOLDIERS  AND  SAILORS 
WHO  SERVED  IN  THE  ARMY  OR  NAVY  OF  THE  UNITED  STATES  DUR- 
ING  THE   WAR   OF   THE   REBELLION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whenever  any  person  who  served  in  the  Relief  for  soi- 
army  or  navy  of  the  United  States  in  the  war  of  the  re-  aud'Cr ""'°'' 
bellion,  and  received  an  honorable  discharge  therefrom,  ^'^'^'^°^^- 
and  who  has  a  legal  settlement  in  a  city  or  town  in  this 
Commonwealth,  becomes  from  any  cause,  except  his  own 
criminal  or  wilful  misconduct,  poor,  and  entirely  or  in 
part  unable  to  provide  maintenance  for  himself,  or  when- 
ever such  a  person  has  died  and  left  a  widow  without 
proper  means  of  support,  such  person  or  his  widow  shall 
be  supported  wholly  or  in  part,  as  may  be  necessary,  by 
the  city  or  town  in  which  they  or  either  of  them  have  a 
legal  settlement.  Such  relief  shall  be  furnished  at  the 
home  of  the  beneficiary,  or  at  such  other  place  in  the 
Commonwealth,  other  than  an  almshouse,  as  the  mayor 
and  aldermen  of  such  city  or  the  selectmen  of  such  town 
may  deem  right  and  proper. 

Section  2.     Cities  and  towns  shall  raise  and  appro-  cities  and  towns 
priate  money  for  the  purpose  of  carrying  out  the  pro-  moLy"^*^ 
visions  of  this  act. 

Section  3.     Chapter  four  hundred  and  thirty-eight  of  Repeal, 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1889. 

An  Act  requiring  cemetery  corporations  to  keep  records  of  nj.fj^  oqq 

ALL  CONVEYANCES  OF  BURIAL  LOTS   AND  CONTRACTS  IN  RELATION  ^  ' 

THERETO. 

Be  it  enacted,  etc. ,  as  follows : 

Every  cemetery  corporation,  whether  created  by  special  To  keep  records 
charterer  organized  under  the  general  laws,  shall  regu- of  buriai  fots, 
larly  keep  books  in  which  it  shall  enter  all  conveyances  of  ^^'^' 
burial  lots  within  said  cemetery,  and  all  instruments  of 
contract  relating  to  conveyances  of  such  lots  ;  and  such 
records  shall  have  and  be  of  the  same  force  and  effect  as 
if  made  in  the  registry  of  deeds  for  the  county  or  district 
where   such  cemetery  is   situated ;  and   no  other  shall  be 
deemed  necessary.  Ap>proved  May  5,  1889. 


Btate  bouse. 


996  1889.  — Chapteks  300,  301. 


(7/i«77.300  An  Act  in  addition  to  an  act  to  provide  for  the  better 

ACCOMMODATION   OF    THE     STATE    GOVERNMENT    IN    THE   CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Eniargetnpnt  of  Sectiox  1.  Ill  orcleu  to  defray  the  expenses  which 
have  been  and  may  be  incmred  in  pursuance  of  chapter 
three  hundred  and  forty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight,  the  treasurer  and 
receiver-general  is  hereby  authorized  under  the  direction 
of  the  governor  and  council  to  issue  scrip  or  certificates  of 
indebtedness,  in  the  name  and  behalf  of  the  Common- 
wealth, to  an  amount  not  exceeding  one  hundred  and 
thirty  thousand  dollars,  in  addition  to  the  amount  hereto- 
fore issued,  redeemable  on  the  lirst  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,  payable 
semi-annually  at  the  oifice  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  has  been  taken  and  the  expenses  incurred 
under  the  provisions  of  said  chapter  three  hundred  and 
forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  are  hereby  appropriated  to  be  paid  out  of  the 
proceeds  of  the  sale  of  scrip  aforesaid,  or  from  any  other 
money  in  the  treasury  not  otherwise  appropriated. 

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

Ajyproved  May  5,  1889. 


ChcilJ  301  An  Act  prdviuino  for  the  payment  of  state  aid. 

Be  it  enacted,  etc.,  as  follows  : 

p.iymontof  SECTION  1.     Anj' city  or  towu  may  Taisc  moucy  for  the 

purposes  of  this  act ;  and  the  treasurers  thereof  may, 
under  the  direction  of  the  mayor  and  aldermen  or  the 
selectmen  thereof,  under  the  following  conditions  pay 
state  aid  to,  or  expend  it  for,  any  worthy  person  having  a 
residence  and  actually  residing  in  such  city  or  town  who  is 
not  receiving  aid  from  any  other  state,  nor  from  any  other 
city  or  town  in  this  state,  and  who  shall  be  in  such  neces- 
sitous circumstances  as  to  require  further  public  assist- 
ance, and  who  shall  belong  to  either  of  the  following 
classes,  to  wit : 


1 889.  —  Chapter  301.  997 

First  Class.  Invalid  pensioners  of  the  United  States  First  class. 
who  served  in  the  army  or  navy  of  the  United  States 
lietween  the  nineteenth  day  of  April  in  the  year  eighteen 
hundred  and  sixty-one  and  the  tirst  day  of  September  in 
the  year  eighteen  hundred  and  sixty-five,  to  the  credit  of 
the  state  of  IMassachusetts ;  or  in  such  army  or  navy 
in  the  military  organizations  of  this  state  known  as  three 
months'  men,  ninety  days'  men,  or  one  hundred  days' 
men,  mustered  into  the  United  States  service  in  the 
months  of  April,  May,  June  or  July  in  the  year  eighteen 
hundred  and  sixty-one,  or  April,  May,  July  or  August  in 
the  year  eighteen  hundred  and  sixty-four;  —  or  who, 
having  their  residence  and  actually  residing  in  this  state 
at  the  time  of  their  enlistment,  served  to  the  credit  of  any 
other  state  in  such  army  or  navy,  between  the  nineteenth 
day  of  April  in  the  year  eighteen  hundred  and  sixty-one 
and  the  eighteenth  day  of  March  in  the  year  eighteen 
hundred  and  sixty-two ;  which  pensioners  have  been 
honorably  discharged  from  their  said  service  in  the  army 
or  navy  and  are  so  far  disabled  by  such  service  as  to 
prevent  them  from  following  their  ordinary  and  usual 
vocations. 

Second  Class.  Dependent  relatives  of  soldiers  or  second  class. 
sailors  who  have  served  in  the  manner  and  under  the 
limitations  described  for  the  service  of  invalid  pensioners 
of  the  first  class,  and  have,  if  not  dying  in  such  service, 
been  honorably  discharged  therefrom,  as  follows  :  namely, 
the  widows  and  widowed  mothers  of  soldiers  or  sailors 
dying  in  such  service  or  dying  after  their  honorable  dis- 
charge therefrom  or  dying  while  in  receipt  of  a  pension 
of  the  United  States  and  the  state  aid  of  this  state,  and 
the  wives  and  widowed  mothers  of  invalid  pensioners  of 
the  first  class  receiving  from  the  United  States  at  least 
one-half  the  amount  allowed  for  total  disability. 

Third  Class.  Dependent  relatives  of  soldiers  or  TWrd  class. 
sailors  who  have  served  in  the  manner  and  under  the 
limitations  described  for  the  service  of  invalid  pensioners 
of  the  first  class,  who  appear  on  the  rolls  of  their  respec- 
tive regiments  or  companies,  in  the  office  of  the  adjutant- 
general,  to  be  missing  or  to  have  been  captured  by  the 
enemy,  and  who  have  not  been  exchanged,  and  have  not 
returned  from  captivity,  and  who  are  not  known  to  be 
alive,  as  follows :  namely,  the  widows  or  wives  and 
WMdowed  mothers  of  such  soldiers  or  sailors  :  provided, 


998 


1889.  —  Chapter  301. 


Fourth  class. 


Restrictions  as 
to  wife  or 
widow. 


Classification 
of  beneficiaries 
under  special 
acts, etc. 


Proviso. 


discharged 


that  no  such  relative  of  any  such  soldier  or  sailor  shall 
belong  to  this  class  or  be  aided  as  such  if  the  municipal 
authorities  o-rantino;  the  aid  shall  have  crood  and  sufficient 
reason  to  believe  that  such  soldier  or  sailor  deserted,  or 
that  he  is  still  living  and  wilfully  absent  from  his  family. 

FourtJi  Class.  Persons  who  were  receiving  state  aid 
as  dependent  fathers  or  mothers,  prior  to  the  eleventh  day 
of  April  in  the  year  eighteen  hundred  and  sixty-seven, 
and  were  precluded  therefrom  by  the  provisions  of  the  act 
of  that  date  :  provided,  the  mayor  and  aldermen  or  select- 
men shall  in  each  case  be  satisfied,  on  evidence  first 
reported  to  the  commissioners  of  state  aid  and  satisfactory 
to  them,  that  justice  and  necessity  require  a  continuance 
of  the  aid  to  prevent  actual  suffering. 

Section  2.  No  wife  or  widow  of  any 
soldier  or  sailor  shall  be  held  to  belong  to  either  of  the 
foregoing  classes  or  be  aided  as  such  tinder  this  act  unless, 
if  his  wife,  she  was  married  to  him  prior  to  his  final  dis- 
charge from  the  service  aforesaid,  and,  if  his  widow,  she 
was  married  to  him  prior  to  the  ninth  day  of  April  in  the 
year  eighteen  hundred  and  eighty.  No  person  receiving 
military  aid  shall  also  receive  state  aid.  The  words 
"pensioners,"  "soldiers"  and  "sailors,",  singular  or 
plural,  used  in  this  act  shall  be  held  to  include  commis- 
sioned officers. 

Section  3.  All  persons  specifically  referred  to  and  to 
or  for  whom  state  aid  is  paid  under  any  s})ecial  act  or 
resolve  passed  since  the  fir.^t  day  of  June  in  the  year 
eighteen  hundred  and  seventy-nine,  or  to  or  for  whom 
state  aid  was  then  being  paid  under  any  special  act  or 
resolve  then  repealed,  shall  be  held  to  belong  to  the  first 
or  second  classes  under  this  act,  —  namely,  soldiers  and 
sailors  to  the  first  class,  and  dependent  relatives  of  soldiers 
and  sailors  to  the  second  class,  —  notwithstanding  the  limi- 
tations of  such  classes  ;  and  state  aid  may  be  paid  to  or  for 
such  persons  in  the  manner  and  under  the  same  limitations 
that  it  is  paid  to  or  for  other  persons  of  their  respective 
classes  under  this  act :  provided,  that  no  aid  shall  be  paid 
to  or  for  any  person  under  this  section  contrary  to  any 
limitation  or  condition  expressed  in  the  original  special 
act  or  resolve  authorizing  state  aid  to  be  paid  to  or  for 
such  person.  All  special  acts  and  resolves  granting  state 
aid  are  hereby  repealed  except  so  far  as  they  authorize 
the  payment  of  military  aid  as  provided  in  section  eleven 


1889.  — Chapter  301.  999 

of  an  act  entitled,  An  Act  relative  to  military  aid,  of  the 
acts  of  the  current  year  :  provided,  that  this  section  shall  Proviso. 
not  be  held  to  apply  to  any  special  act  or  resolve  specifi- 
cally granting  a  tixed  amount  or  an  annual-  sum  to  any 
soldier  or  sailor  or  the  dependent  relative  of  any  soldier 
or  sailor  for  life  or  a  term  therein  specified. 

Section  4.     No  state  aid  shall  be  paid  under  this  act  r^imitof 

,.  /•    .  1         -•      i.        1  J.  -    'imoiiius  to  be 

to  or  tor  any  person  ot  the  nrst  class  to  an  amount  paid. 
exceeding  three-fourths  of  the  monthly  amount  of  his 
pension,  nor  more  than  six  dollars  in  any  one  month  ;  and 
if  pensioned  as  a  commissioned  oflBcer  he  shall  only  be 
paid  such  proportion  of  state  aid  as  he  would  be  entitled 
to  receive  if  his  pension  were  based  upon  the  rank  of  a 
private.  No  state  aid  shall  be  paid  under  this  act  to  or 
for  any  person  of  the  second,  third  or  fourth  classes  to 
an  amount  exceeding  four  dollars  in  any  one  month ;  and 
no  more  than  eight  dollars  shall  be  paid  to  or  for  all  the 
dependent  relatives  of  any  one  soldier  or  sailor  in  any 
one  month. 

Section  5.     All  aid  furnished  under  this  act  shall  be  Assignments 
paid  to  or  for  the  persons  for  whom  it  is  intended,  for  "°'^"'"'- 
their  future  benefit ;  and  no  assignment  thereof  shall  be 
valid  or  recognized,  and  it  shall  not  be  subject  to  trustee 
process.     No  back   state  aid  shall  be  paid.     No  greater  Back  state  aid 
sum  shall  be  paid  to  or  for  any  person  under  this  act  than  ""' '°  ^®  i'=*'^- 
shall  be  necessary  to  furnish  such  person  reasonable  relief; 
and  no  aid  shall  be  paid    under  its  provisions  to  or  for 
any  person  competent  to  support  himself  or  herself,  or  in 
receipt  of  income,  or  in  ownership  of  property,  sufficient 
for  his  or  her  own  support,  nor  to  or  for  any  person  more 
than  is  necessary  in  addition  to  the  income  and  property 
of  such  person  for  his  or  her  personal  relief;  and  no  aid 
shall    be   paid   under  this  act  to  any  person  not  in  such 
necessitous    circumstances    as   to    require    further    public 
assistance.     No  aid  shall  be  paid  under  this  act  to  or  for  Aid  not  to  be 
any  pensioner  or  dependent  relative  when  the  necessity  necesri^^y^nses 
therefor  arises  from  the  continuance  in  vicious  or  intem-  fom  vicious, 

...  .  .  etc.,  liabits. 

perate  habits  ot  said  pensioner  or  of  the  soldier  or  sailor 
on  whose  account  the  same  is  paid.  No  aid  shall  be  paid 
under  this  act  to  or  for  any  person  convicted  of  any 
criminal  oflence,  unless  or  until  the  municipal  authorities 
and  the  commissioners  of  state  aid  otherwise  determine. 

Section    6.     Persons  making   application   for   aid    in  statement  to  be 
any  city  or  town  under  this  act  shall  as  a  basis  for  the  muTJroafii. 


1000 


1889.  — Chapter  301. 


first  payment  thereof  state  in  writing,  under  oath,  the  age 
and  residence  of  the  ])arty  for  whom  such  aid  is  claimed  ; 
the  relation  of  the  claimant  to  the  party  who  rendered  the 
service  for  Avhich  aid  is  claimed ;  the  company  and  regi- 
ment, or  the  vessel,  if  any,  in  which  the  officer,  soldier 
or  sailor  enlisted  and  in  which  he  last  served;  the  date 
and  place  of  such  enlistment,  when  known ;  the  duration 
of  such  service  and  the  reason  u})on  which  the  claim  for 
aid  is  founded ;  and  furnish  such  official  certiticates  of 
record,  CAadence  of  enlistment,  service  and  discharge  as 
may  be  required.  Municipal  authorities  granting  to  such 
claimant  any  subsequent  aid  shall  from  time  to  time  make 
such  investigation  into  the  necessities  of  said  claimant  and 
the  facts  of  the  case  as  to  preclude  any  payment  thereof 
Original  papors  contrarv  to  the  terms  of  this  act.     The  original  papers  in 

to  be  filed  with  ,  ''  ini  ^ii  -ii  .V"  ^'. 

each  case  shall  be  hied  with  the  commissioners  of  state 
aid  if  required.  It  shall  be  the  duty  of  the  auditor  to 
furnish  from  time  to  time  to  each  city  and  town  a  suffi- 
cient number  of  blank  forms  for  the  use  of  applicants  for 
aid  under  this  act. 

Section  7.  The  commissioners  of  state  aid  shall  con- 
stitute a  board  of  appeal  for  invalid  pensioners,  to  decide 
upon  all  disputed  questions  relating  to  claims  for  aid 
arising  between  them  and  the  municipal  authorities  under 
this  act.  Their  decisions  shall  be  Innal  upon  the  points  in 
question.  Said  commissioners  may,  upon  appeals,  decide 
or  refuse  to  decide  upon  the  necessity  of  the  claimant  for 
the  aid  ;  and  if  they  shall  decide  upon  that  question,  and 
that  he  is  in  all  respects  entitled  to  aid  under  this  act, 
they  may  authorize  its  monthly  payment  to  him  according 
to  this  act,  under  such  limitations  as  they  may  impose,  for 
a  term  not  exceeding  one  year,  but  not  after  this  act  shall 
become  void.  Said  commissioners  shall  investigate  all 
payments  of  state  aid  under  this  act  so  far  as  the  interests 
of  the  Commonwealth  may  require.  They  may,  with  the 
consent  of  the  governor,  appoint,  as  occasion  may  require, 
one  or  more  disinterested  persons  whose  duty  it  shall  be 
to  investigate  any  claim  or  claims  made  against  the 
Commonwealth  for  reimbursement  under  this  act,  who 
may  examine  any  persons  to  or  for  whom  state  aid  has 
been  paid  under  this  act,  and  investigate  the  reasons 
therefor  and  all  matters  relating^  to  the  OTantins;  of  such 
aid,  and  shall  report  his  or  their  doings  to  said  commis- 
sioners.    The  reasonable  expenses  of  the  commissioners 


commissioners 
when  required 


Coinmissioners 
of  state  aid  to 
be  a  board  of 
appeal. 


Expenses. 


1889.  — Chapter  301.  1001 

and  the  expenses  and  comi)ensation  of  any  such  disin- 
terested person,  approved  by  said  commissioners  and 
allowed  by  the  governor  and  council,  shall  be  paid  from 
the  treasury  of  the  Commonwealth. 


Sectiox  8.     When  any  sum  shall  have  been  expended  ^f^J^ 


8  to  be 
to  the 


under  and  according  to  this  act,  the  full  amount  so  ex-  ""fiit  "■.  uudei- 
pended,  the  ages  and  names  of  the  persons  aided,  and  the 
classes  to  which  they  severally  belong,  and  the  several 
sums  paid  to  or  for  each  person  and  the  reasons  for  the 
expenditure  in  each  case,  and  the  names  of  the  persons  on 
account  of  whose  services  the  aid  was  granted,  and  the 
names  of  the  regiments  and  vessels,  if  any,  in  which  they 
respectively  enlisted  and  in  which  they  last  served,  and 
the  relationship  of  each  dependent  relative  aided  to  the 
person  on  account  of  whose  services  the  aid  was  granted, 
with  such  other  details  as  the  commissioners  of  state  aid 
may  require,  shall  be  certified  under  oath  to  the  auditor 
in  manner  approved  by  him,  by  the  mayor,  treasurer  and 
city  clerk  of  any  city  or  by  a  majority  of  the  selectmen  of 
any  town,  disbursing  the  same,  Avithin  ten  days  after  the 
first  day  of  the  month  next  after  the  expenditure  is  made  ; 
and  the  commissioners  of  state  aid  shall  examine  the  cer- 
tificates thereof  and  allow  and  indorse  upon  the  same  such 
sums  as  in  their  judgment  have  been  paid  and  reported 
according  to  this  act.  In  the  allowance  of  said  commis-  Allowances  by 
sioners  they  may  consider  and  decide  upon  the  necessity  sio'iiers!™'*" 
of  the  amount  paid  in  each  case,  and  they  may  allow  any 
portion  thereof  which  they  may  deem  proper  and  lawful, 
but  they  shall  allow  and  indorse  the  sums  they  have 
specifically  authorized  to  be  paid  under  and  according  to 
their  decisions  authorized  and  provided  for  by  section 
seven.  The  sums  legally  paid  as  aforesaid  and  so  allowed 
and  indorsed  by  said  commissioners  shall  be  reimbursed 
from  the  treasury  of  the  Commonwealth  to  the  several 
towns  and  cities  expending  the  same,  on  or  before  the  first 
day  of  December  in  the  year  next  after  the  year  in  which 
the  same  have  been  paid,  but  none  of  the  expenses  attend- 
ing the  payment  of  state  aid  shall  be  reimbursed. 

Section  9.     The  provisions  of  this  act  shall  continue  PiovisionB  to  be 
in  force  until  the  first  day  of  January  in  the  year  eighteen  j°an?'i7is95l 
hundred  and  ninety-five  and  no  longer,  and  so  far  as  they 
are  the  same  as  those  of  existing  laws  shall  be  construed 
as  a  continuation  thereof:  provided,  however,  that  such 
provisions  of  this  act  as  relate  to  the  settlement  of  accounts 


1002 


1889.  —  Chapter  302. 


Repeal. 


To  take  effect 
June  1,  1889. 


for  payment  of  aid  rendered  by  cities  and  to\vns  previous 
to  said  date,  and  to  reimbursement  therefor,  shall  continue 
in  force  one  year  and  no  longer  after  said  date.  No 
special  act  or  resolve  hereafter  passed  granting  state  aid 
to  persons  therein  named,  or  their  dependent  relatives, 
shall  continue  in  force  after  the  date  first  named  in  this 
section  unless  otherwise  expressly  provided.  But  the 
expiration  of  this  act  shall  not  be  held  to  revive  any  act 
or  resolve,  or  any  part  thereof,  in  this  act  repealed. 

Section  10.  Chapter  thirty  of  the  Public  Statutes  is 
hereby  repealed,  and  no  aid  shall  be  paid  under  it  although 
provided  for  by  any  subsequent  act  or  resolve.  Chapters 
thirty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  one  hundred  and  seventy-three  and  two  hun- 
dred and  four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five,  thirty-nine  and  one  hundred  and  ten 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-six, 
and  one  hundred  and  twenty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven,  are  hereby  repealed. 

Section  11.  This  act  shall  take  effect  on  the  first  day 
of  June  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  May  5,  1889. 

ChCip.S02   ^N     -^CT    TO    PROVIDE    AN    ADDITIONAL    WATER     SUPPLY     FOR    THE 

CITY   OF  NEWTON. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1 .  The  city  of  Newton  is  hereby  authorized 
to  take,  hold  and  convey  into  and  through  said  city  from 
the  Charles  river  or  from  the  ground  near  said  river,  at 
any  convenient  point  upon  or  near  the  same,  water  for  the 
use  of  said  city  and  the  inhabitants  thereof  not  exceeding 
five  millions  of  gallons  daily,  including  the  one  and  one- 
half  millions  of  gallons  daily  which  it  is  now  authorized 
to  take  by  chapter  three  hundred  and  forty-four  of  the 
acts  of  eighteen  hundred  and  seventy-two.  All  the  pro- 
visions of  said  chapter  three  hundred  and  forty-four 
except  as  herein  otherwise  provided  shall  apply  to  the 
additional  three  and  one-half  millions  of  gallons  daily  so 
far  as  the  same  shall  be  taken  or  diverted  from  said  river. 

Section  2.  Whenever  said  city  of  Newton  shall  de- 
sire to  take  water  as  herein  provided  it  shall,  by  vote  of 
its  city  council,  determine  what  aniount  daily  it  will  take 
of  said  five  millions  of  gallons  herein  provided  for,  and  it 
shall  thereupon   be  lawful  for  said  city  to  take  only  the 


Additional 
water  supply 
for  city  of 
Newton. 


City  to  deter- 
mine amount  of 
water  daily  to 
be  taken. 


1889.  — Chapters  303,  304.  1003 

amount  daily  from  said  river  provided  for  by  said  vote,  in 
adclition  to  the  amount  taken  under  the  provisions  of  said 
chapter  three  hundred  and  forty-four,  and  any  damages 
provided  for  in  said  act  shall  be  determined  upon  the 
amount  to  be  so  taken  by  said  vote.  Whenever  said  city 
of  Newton  shall  desire  to  take  a  further  portion  of  said 
five  millions  of  gallons  it  shall  again  determine  as  aforesaid 
by  vote  of  its  city  council  the  amount  in  addition  to  be 
taken  daily,  and  like  proceedings  may  be  had  for  damages 
as  provided  in  said  act ;  and  like  proceedings  may  be  had 
from  time  to  time  as  said  city  of  Newton  shall  decide  to 
take  further  portions  or  the  whole  of  said  five  millions  of 
gallons  daily. 

Section  3.     Said  city  of  Newton  may  for  the  purposes  May  take  lauds 

witniQ  the  towQ 

of  taking  water  as  aforesaid  and  for  the  protection  of  its  of  Needham. 
water  supply  take  and  hold,  by  purchase  or  otherwise, 
any  lands  within  the  town  of  Needham  necessary  for  that 
purpose. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  3, 1889. 

An    Act  to  establish  the  salaries  of    the    county  commis-  QJkjy)  303 
signers  for  the  countv  of  middlesex.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  salaries  of  the  county  commissioners  salaries 
for  the    county  of  Middlesex  shall  be  fifty-four  hundred  ^^'^ 
dollars  a  year,  to  be  so  allowed    from    the    first   day  of 
April  in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  May  3,  1889. 


ChajJ.SOi 


An  Act  to  authorize  the  grafton  and  upton  railroad  com- 
pany TO  extend  ITS   line  AND  TO  CROSS  CERTAIN  HIGHWAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Grafton  and  Upton   Railroad    Com-  May  extend 

,  ^  .  .  •     ,     •  1  J  road  across  cer- 

pany  may  locate,  construct,  mamtain  and  operate  an  tam  highways. 
extension  of  its  railroad  from  its  present  station  at  West 
Upton  through  the  town  of  Hopedale  to  the  depot  grounds 
in  Milford,  in  accordance  with  the  survey  made  by  H.  P. 
Bean,  dated  December,  eighteen  hundred  and  eighty-eight, 
and  may  cross  highways  in  accordance  with  the  terms  of 
the  decree  made  by  the  county  commissioners  for  Worces- 
ter county,  dated  January  eighth,  eighteen  hundred  and 
eighty-nine,  and  may  cross  at  grade  the  way  known  as 


1004  1889.  — Chapters  305,  306,  307. 

the  Shrewsbury  road,  at  North  Grafton,  for  the  purpose 
of  properly  approaching  the  Boston  and  AlJiany  raih'oad 
company's  station,  in  accordance  with  plan  made  by  H.  P. 
Bean,  dated  Fel^ruary,  eighteen  hundred  and  eighty-nine  : 

Proviso.  provided,  Jioicev<-i\  that  said  Grafton  and  Upton  Railroad 

Company  shall  abandon  its  present  passenger  train  cross- 
ings over  the  Westborough  road  and  Shrewsbury  road  at 
said  North  Grafton. 

^onTtruction'!  Section  2.     This  act  shall  be  void  unless  said  exten- 

sion is  located  within  one  year  and  constructed  within 
two  years  after  the  passage  hereof. 

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

Approved  May  5,  1889. 

Chcip.305  An  Act    authorizing    savings    banks    and   institutions    for 

SAVINGS   TO    INVEST  IN    THE    BONDS    OK   CERTAIN    RAILROAD   COM- 
PANIES. 

Be  it  enacted,  etc.,  as  follows: 
Savings  banks         SECTION  1.     Saviuffs  banlvS  and  institutions  for  savins^s 

may  invest  in  .  .  ^  •  i  i 

bonds  of  certain  may  luvcst  lu  the  first  mortoaoe  bonds  of  any  railroad 

rixilrouds  '  o    o  •^ 

company  incorporated  under  the  authority  of  any  of  the 
New  England  states  and  whose  road  is  located  wholly  or 
in  part  in  the  same,  and  has  earned  and  paid  regular  divi- 
dends for  the  two  years  next  preceding  such  investment 
on  all  its  issues  of  capital  stock,  notwithstanding  the  road 
of  such  company  may  be  leased  to  some  other  railroad 
company. 

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

Approved  May  6,  1889. 

Chap.SOQ  ^'^   ^^"^    "^^    EXEMPT    CERTAIN    PROPERTY    OF    THE     FIRST    BAPTIST 

SOCIETV    IN   METHUEN   FROM   TAXATION. 

Be  it  enacted,  etc. ,  as  folloivs : 

er*ty'tl"b^e'°^'  Section  1.     All  the  property  both  real  and  personal 

exempt  from  held  by  the  First  Baptist  Society  in  Methuen  which  was 
devised  and  bequeathed  to  said  society  in  and  by  the  will 
of  Moses  Webster  shall  be  exempt  from  taxation. 

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

Approved  May  6,  1889. 

ChnV.307  A^   ^^^  '^^   ESTABLISH    A   GRADE   IN   THE  CITY   OF  MALDEN. 

Be  it  enacted,  etc.,  as  folloivs: 
(J'a|i«.  to  be  Section  1.     The  mayor   and  aldermen  of  the  city  of 

Maiden.  Maiden  shall  establish  in  said  city  a  grade  of  not  less  than 


1889.  —  Chapter  307.  1005 

thirteen  feet  above  the  base  line  established  and  used  in 
the  city  of  Boston  ;  and  no  person,  after  such  grade  is 
established,  shall  construct  in  said  city  any  cellar  or  base- 
ment cellar  of  any  building  below  such  grade,  or  use  or 
occupy  any  cellar  or  basement  cellar  so  constructed : 
2yrovided,  that  the  mayor  and  aldermen  may  by  license.  Proviso. 
subject  to  revocation  at  any  time  by  them,  authorize  cel- 
lars to  be  constructed  or  used  in  buildings  used  exclusively 
for  storage  or  business  purposes  so  much  below  said  grade 
as  they  shall  designate  in  each  license. 

Section  2.     If  any  person  constructs  or  uses  any  eel-  Cellars  and 

•'.I..  .•'  basement  cellars 

lar  or  basement  cellar  in  violation  of  this  act,  said  mayor  to  conform  to 
and  aldermen  shall  order  the  owner  or  occupant  of  such  of'tMs'^act."  ^ 
cellar  or  basement  cellar  to  so  alter  or  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  follow- 
ing section,  said  mayor  and  aldermen  shall  so  alter  such 
cellar  or  basement  cellar ;  and  all  necessary  expenses 
incurred  thereby  shall  constitute  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  by  law  for  the  collection  of  taxes 
upon  real  estate  ;  and  the  city  treasurer,  in  behalf  of  said 
city,  may  purchase  such  land  or  land  and  buildings  at  any 
sale  thereof  for  the  enforcement  of  such  lien. 

Section  3.     All  orders   under  the    preceding    section  orders  to  be 
shall  be  made  in  writing  and  served  upon  said  owners  or  owners^'" 
occupants,  or  their  authorized  agents,  as  prescribed   by  o'='="pa°t«- 
section  twenty-two  of  chapter  eighty  of  the  Public  Stat- 
utes for  the  service  of  orders  of  boards  of  health  ;  and 
any  court  having  equity  jurisdiction  or  any  justice  thereof, 
in   term   time  or  vacation,  may  by  injunction    or    other  Enforcement 

•j.    1  1  •  •.  .       .  ^  by  process  in 

suitable  process  in  equity  restrain  any  person  or  corpora-  equity. 
tion  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  efiect  upon  its  passage. 

Apinoved  May  5,  1889. 


1006  1889.  — Chapters  308,  309. 


Chctp.SOS    ^^   ^^"^    CHANGING     THE    TIME    OK    THE   SITTING    OF  THE    SUPERIOR 
COURT   IN   THE   COUNTY   OF   DUKES   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 
Sittings  of  court.       SECTION  1.     The  sitting  of  the  superior  court  in  the 
county  of  Dukes  County,  now  provided  to  be  held  on  the 
last  Tuesday  in   May  in  each  year,  shall  hereafter  be  held 
on  the  last  Tuesday  in  April  in  each  year. 

Section  2.     This  act  shall  take  effect  on  the  first  day 
of  June  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  May  8,  1889. 

C%ff7>.309  ^^    ^^^   ^^^  ^"'^    BETTER   PROTECTION   OF   INFANTS. 

Be  it  enacted,  etc. ,  as  follows : 

TbTndoni'ngan         SECTION  1.     Whocver   abandons    an  infant  under  the 

infant.  agc  of  two  ycars,  within  or  without  any  building  in  this 

Commonwealth,  shall   be  punished   by  imprisonment,  if  a 

man,  in  the  house  of  correction,  and,  if  a  woman,  in  the 

reformatory  prison  for  women,  not  exceeding  two  years, 

or,  in  case  death  shall  result  from  such  abandonment,  not 

exceeding  fiv^e  years. 

ilTf!lnff8'ii*ie£dt*i-      Section  2.     Every  person  who  receives  for  board  an 

mate,  to  be        Infant  uudcr  the  ao:e  of  one  year  shall  use  due  diliirence  to 

ascertain  whether  or  not  such  infant  is  illegitimate  ;  and 

if  he  knows  or  has  reason  to  believe  it  to  be  illegitimate, 

shall  forthwith  notify  the  state  board  of  lunacy  and  charity 

of  the  fact  of  such  reception  ;  and  said  board  and  its  officers 

or  agents  may  enter  and  inspect  any  building  where  they 

may  have  reason  to  believe   that   any  such    illegitimate 

infant  is  boarded   and  remove  such  infant  when  in  their 

judgment  such  removal  is  necessary,  by  reason  of  neglect, 

abuse  or  other  cause,  in  order  to  preserve  the  infant's  life  ; 

and  such  infant  so  removed  shall  be  in  the  custody  of  said 

board  of  lunacy  and  charity,  which  shall  make  provisions 

therefor  according  to  law. 

kifem"to^g?vI'°^      Section  3.     Every  person  who  receives  an  infant  for 

true  answers,     boai'd  as  described  in  section  two,  shall,  when  called  upon, 

give  true  answers  to  the  state  board  or  any  of  its  officers 

as  to  the  residence,  parentage  and  place  of  settlement  of 

said  infant  so  far  as  his  or  her  knowledge  extends. 

^trj''"rov?B?o'^8       Section  4.     Whoever  violates  the  provisions  of  section 

of  sections  2       two  or  scctioH  tlircc  of  this  act  shall  be  punished  by  a  fine 

not  exceeding  one  hundred  dollars  or  by  imprisonment  in 

the  house  of  correction  not  exceeding  one  3'ear. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

A2)proved  May  8,  1889. 


1889.  — Chapters  310,  311,  312,  313.  1007 


An  Act  to   piiovide  clerical  assistance  for  the  treasurer  (JJicip,^10 

OF   THE   COUNTY   OF   ESSEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  treasurer   of    the    county   of  Essex  ^"^"^^""ggjgt'' 
shall  be  allowed  for  clerical  assistance  a  sum  not  exceed-  ance. 
ing  four  hundred  dollars  a  year,  to  be   paid   out  of  the 
treasury  of  the  county  to  persons  who  actuall}"  perform 
the  work,  upon  their  certificate  that  the  work  is  actually 
performed  by  them. 

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

Approved  May  8,  1889. 

An  Act  in  relation  to  the  appointment  of  auditors  by  pro-  ni^nY)  Sll 

BATE   courts.  "' 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  After  any  account  of  an  executor,  ad-  ^e'appTntedV 
ministrator,  guardian,  trustee  or  other  person  required  probate  courts. 
by  law  to  render  an  account  in  any  probate  court,  has 
been  filed  therein,  the  judge  of  said  court  may,  before 
approving  the  same,  appoint  one  or  more  auditors  to  hear 
the  parties  interested,  examine  vouchers  and  evidence  and 
report  upon  the  same  to  the  court,  which  report  shall  be 
prima  fticie  evidence  upon  such  matters  as  are  expressly 
referred  to  them.  The  court  shall  award  reasonable  com- 
pensation to  such  auditors,  to  be  paid  by  the  county. 

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

Approved  May  8,  1889. 


DICTION    OF  THE    FOURTH    DISTRICT    COURT   OF   EASTERN   MIDDLE 


;  (7Aff2).312 


An  Act  to  include  the  town  of  stoneham  within  the  juris 

DIC1 
SEX. 

Be  it  enacted,  etc. ,  as  follows : 

The  town  of  Stoneham  shall    hereafter  belono;  to  and  1°'"'' °L^^°Jl^- 
constitute  a  part  of  the  judicial  district  under  the  jurisdic-  jurisdiction  of 
tion   of  the  fourth  district  court  of  eastern  Middlesex  : 
provided,  however^  that   nothing   herein    contained  shall 
affect  any  suit  or  proceeding  begun  and  pending  at  the 
time  of  the  passage  of  this  act.      Approved  May  8,  1889. 

An  Act  to   require  non-resident  assignees  in  insolvency  to  nhn^^  SIS 
appoint  an  agent  resident  in  the  commonwealth.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Every  assignee  appointed  in  any  proceed-  ^°°J,ee''u°' 
ings   instituted    by  or   against   any  insolvent    debtor   or  ineouencyto 


1008  1889.  —  Chapter  313. 

denrL°geutTpon  debtoi's,  penclino;  in  uny  court  of  insolvency  in  the  Com- 
whom  procesa     monwealth,  residinof  at  the  time  of  his  appoiHtment,  or 

may  be  served.        ™         ,  .  .  ^  .  <-    i        /^  11 

alter  his  appointment  removing,  out  ot  the  Loramonwealth 
shall,  before  entering  u})on  or  proceeding  with  the  discharge 
of  his  duties  as  such  assignee,  appoint,  by  an  instrument  in 
writing,  an  agent  residing  in  said  Commonwealth,  and  in 
said  instrument  shall  stipulate  and  agree  that  the  service 
of  any  legal  process  or  order  of  court  against  or  addressed 
to  him  as  such  assignee,  if  made  upon  such  agent,  shall  be 
of  the  same  legal  efl'ect  as  if  made  upon  him  the  said 
assignee  personally,  within  the  Commonwealth  ;  and  such 
instrument  shall  give  the  proper  address  of  such  agent 
and  shall  be  filed,  with  the  papers  in  the  case,  in  the  court 
in  which  said  assignee  was  appointed,  and  the  notice  of  the 
appointment  of  such  assignee  shall  contain  a  statement  of 
the  appointment  and  of  the  name  and  proper  address  of 
such  agent ;  and  if  such  agent  or  any  other  agent  appointed 
under  the  provisions  of  this  section  shall  die  or  remove 
out  of  the  Commonwealth,  or  be  deprived  of  his  powers 
by  revocation  of  his  appointment  while  such  assignee  con- 
tinues to  act  under  his  appointment,  said  assignee  shall 
forthwith  appoint  another  agent,  in  manner  and  form  as 
above  provided  for  an  original  appointment,  and  shall 
give  notice  of  such  new  appointment  and  of  the  name  and 
proper  address  of  such  new  agent  in  the  next  subsequent 
notice  required  to  be  given  by  him  as  such  assignee,  or  by 
a  special  notice  if  the  court  having  jurisdiction  in  the 
premises  shall  so  order,  and,  as  to  other  things,  all  other 
acts  hereby  required  to  be  done  in  the  case  of  an  original 
appointment  shall  be  done  in  every  case  of  such  subse- 
quent appointment  of  any  such  agent ;  and  neglect  or 
refusal  on  the  part  of  any  such  assignee  to  comply  with 
any  of  the  requirements  of  this  section  may  be  deemed 
good  cause  for  his  removal  from  his  trust  as  such  assignee. 
fs9upo°lge'^^t"  Section  2.  Service  of  any  legal  process  or  order  of 
Lffect"^ '^^'*'  court  against  or  directed  to  any  assignee,  made  upon  any 
agent  duly  appointed  and  still  continuing  in  his  position 
as  such  agent  under  the  provisions  of  the  preceding  sec- 
tion, shall  be  of  the  same  legal  effect  as  if  made  upon  such 
assignee  when  in  the  Commonwealth. 

Ax)proved  May  8,  1889. 


1889.  — Chapters  314,  315.  1009 


An  Act   to  authorize  the  quinct  street  railway  companv  (7^o73.314 
TO  lease  its  railavay,  franchises  and  other  property  to 

THE  QUINCY  AND  BOSTON  STREET  RAILWAY  COMPANY  AND  TO 
authorize  the  QIIINCY  and  boston  STREET  RAILWAY  COMPANY 
TO   LEASE   THE   SAME   OR   ANY   PART   THEREOF. 

Be  it  enacted^  etc.^  as  follows: 

Section  1.     The  Quincy  Street  Railway  Company  is  Quincy  street 
hereby    authorized   to  lease  its   railway,    franchises    and  pany'may  i*e™se 
other  property  to  the  Quincy  and  Boston  Street  Railway  '^''^ay.  etc. 
Company,  upon  such  terms  as  the   directors  and  stock- 
holders of  the  respective  corporations  may  agree  or  have 
agreed  upon.     Such  lease  shall  not  cover  a  period  of  more 
than  ninety-nine  years. 

Section  2.     The  Quincy  and  Boston  Street  Railway  Quincy  and 

C.i         •iji  '1  •!  c  ^  •  1    boston  Street 

ompany  is  authorized  to  lease  its  railway,  tranchises  and  Railway  com- 

other  property  or  any  portion  thereof,  as  well  as  the  whole  ScS  etcf^ 
or  any  ])art  of  the  railway,  franchises  or  other  property  of 
the  Quincy  Street  Railway  Company,  in  the  event  of  the 
same  being  leased  to  the  Quincy  and  Boston  Street  Rail- 
way Company,  to  any  person  or  corporation  upon  such 
terms  as  may  be  agreed  upon. 

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

Approved  May  5,  1889. 

An  Act  in  relation  to  proof  of  notice  of  appointment,  and  n'krjYi  Sl^ 

SALES  OF  REAL  ESTATE  BY  EXECUTORS,  GUARDIANS  AND  OTHERS.  ^ 

Be  it  enacted^  etc.,  as  folloivs: 

Section  1.     In  cases  when  executors,  administrators,  proof  of  notice 
guardians  or  trustees,  or  the  persons  employed  by  them  andsaiTJ^oTrcai 
to  give  notice  of  appointment,  or  notice  of  sale   of  real  estate  by  execu- 

o  II  _  '  tors,  etc. 

estate,  have  failed  to  file  in  the  probate  court  affidavit  of 
such  notice,  and  such  affidavit  cannot  be  obtained,  the 
probate  court  may,  upon  petition  of  any  person  interested 
in  real  estate  the  title  to  which  may  be  affected  thereby 
setting  forth  the  particular  failure  complained  of  and 
averring  that  the  affidavit  cannot  now  be  obtained,  order 
notice  by  publication  to  creditors  of,  and  others  interested 
in,  the  estate  in  the  settlement  of  which  the  failure  com- 
plained of  occurred. 

Section  2.     Upon   return   of    such   notice   and   after  court  may  de- 
hearing,  if  the   court  is  satisfied  that  notice  was  in  fact  was/u  ficr"*^^ 
given,  it  may  make  a  decree  that  such  notice  was  in  fact  8''*'"- 
given. 

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

Approved  May  8,  1889. 


1010 


1889.  — Chapter  316. 


Street  railway 
companies  may 
issue  bonds 
secured  by 
mortgage. 


Subject  to  the 
approval  of  the 
railroad  com- 
missioners. 


Ckcip.SlQ   ^^  ^^"^  ^^  RELATION   TO  THE  ISSUE  OF  MORTGAGE   BONDS  BY  STREET 

RAILWAY   COMPANIES. 

Be  it  enacted^  etc.,  as  folloivs: 

Section  1.  A  street  railway  company,  by  vote  of  a 
majority  in  interest  of  its  stockholders,  at  a  meeting  called 
for  the  purpose,  may  authorize  the  issue  of  coupon  or 
registered  bonds  secured  by  mortgage,  to  provide  means 
for  construction  and  equipment,  and  for  funding  so  much 
of  its  floating  debt  as  may  have  been  incurred  for  con- 
struction or  for  the  purchase  of  such  real  or  personal  estate 
as  may  have  been  necessary  or  convenient  for  the  opera- 
tion of  its  road,  or  to  provide  means  for  building  and 
equipping  a  branch  or  extension,  upon  a  location  duly 
granted  or  extended,  or  for  the  contemplated  purchase  of 
such  additional  real  and  personal  property  as  may  be 
necessary  or  convenient  for  the  operation  of  its  railway : 
provided,  that  the  board  of  railroad  commissioners,  after 
an  examination  of  the  assets  and  liabilities  of  the  company 
and  such  further  investigation  as  it  deems  requisite,  shall 
by  vote  approve  of  such  issue  as  being  consistent  with  the 
public  interests.  The  vote  of  approval  shall  specify  the 
amount  of  the  issue,  the  rate  of  interest,  which  in  any  case 
shall  not  exceed  six  per  centum  per  annum,  and  the  pur- 
pose to  which  the  proceeds  shall  be  applied  ;  and  no  such 
issue  shall  be  authorized  unless  in  the  opinion  of  such 
board  the  value  of  the  constructed  tracks,  the  equipments 
and  the  other  real  and  personal  property  of  the  company, 
taken  at  a  fair  value  for  railway  purposes,  and  excluding 
the  value  of  the  franchise,  equals  or  exceeds  the  amount  of 
the  capital  stock  outstanding  and  the  debt.  A  certificate 
setting  forth  the  vote  of  approval  shall  be  filed  in  the  office 
of  the  secretary  of  the  Commonwealth  before  such  bonds 
are  issued.  The  company  shall  not  apply  the  proceeds  of 
such  bonds  to  any  purpose  not  specified  in  the  vote  of  the 
board,  and  may  be  enjoined  from  so  doing  by  any  justice 
of  the  supreme  judicial  or  superior  courts,  upon  applica- 
tion of  the  board  or  any  interested  party.  Such  bonds 
shall  be  secured  by  a  mortgage  of  a  part  or  of  the  whole 
of  the  railway  of  such  company,  and  its  equipments,  fran- 
chise and  other  property,  real  and  personal.  The  bonds 
may  be  issued  in  sums  of  not  less  than  one  hundred  dollars 
each,  payable  at  periods  not  exceeding  twenty  years  from 
the  date  thereof,  and  each  bond  shall  be  recorded  by  the 
treasurer  in  books  to  be  kept  in  his  office. 


Certificate  of 
vote  of  stock- 
holders to  be 
tiled  in  office  of 
the  secretary  of 
the  Commou- 
wealth. 


1889.  — Chapters  317,  318.  1011 

Section  2.  No  bond  shall  be  issued  unless  approved  uHe.u'hariUB' 
by  some  person  appointed  by  the  cor[)oration  for  that  p'opiiiy  issued, 
purpose,  who  shall  certify  that  it  is  properly  issued  and 
recorded.  No  street  railway  corporation  shall  issue 
bonds,  coupon  notes  or  other  evidences  of  indebtedness 
payable  at  periods  of  more  than  twelve  months  from  the 
date  thereof,  except  by  a  vote  of  its  stockholders  at  a 
meeting  called  for  that  purpose. 

Section  3.     The  provisions  of  sections  sixty-three  to  PioTisions  of 
seventy,  inclusive,  of  chapter  one  hundred  and  twelve  of  to  to  apply- 
the  Public   Statutes,  shall  apply  to  street  railways  acting 
under  the  provisions  of  this  act. 

Section  4.     This  act  shall  not  apply  to  any  street  rail-  !!?iV°,!''Jf '^' *° 

I  I    J  J  railway  having 

way  company  that  has  issued  preferred  stock.  issued  preferred 

Section  5.     All   acts  and    parts  of    acts   inconsistent  uepeai. 

herewith  are  hereby  repealed. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1889. 

An  Act  to  provide  clerical  assistance   for  the   clerk  of  (JJiq^^j  3I 7 

THE   FIRST   DISTRICT   COURT  OF   EASTERN    MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    clerk    of  the   first   district  court  of  ^'^"f '  "^^'s*- 

ance  for  the 

eastern  Middlesex  shall  be  allowed  for  extra  clerical  cieik. 
assistance  upon  his  certificate  that  the  work  was  actually 
performed  and  w^as  necessary,  with  the  time  occupied  and 
the  names  of  the  persons  by  whom  the  work  was  per- 
formed, such  sums  not  exceeding  seven  hundred  dollars  in 
any  one  year,  as  the  county  commissioners  for  the  county 
of  Middlesex  by  a  writing  signed  by  them  shall  approve. 
Said  sums  shall  be  paid  from  the  treasury  of  said  county 
monthly  to  the  person  or  persons  employed  since  the  first 
day  of  December  in  the  year  eighteen  hundred  and  eighty- 
eight. 

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

Appi'oved  May  8,  1889. 

An  Act  authorizing  the  trustees  under  the  will  of  elisha  Q]inrr)  318 

V.    ASHTON   TO   LEASE   CERTAIN   REAL   ESTATE   IN   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  trustee  for  the  time  being  under  the  Trustees  may 
will  of  Elisha  V.  Ashton,  late  of  Boston,  deceased,  for  leTest^tein 
the  benefit  of  the  Howard  Benevolent   Society  of  said  ^'^^^°^- 
Boston,  holding  the  estate  described  in  said  will  as  num- 


1012  1889.  — Chapters  319,  320. 

bered  two  hundred  and  fifty-nine  and  two  hundred  and 
sixty-one  in  Washington  street  in  said  city,  may,  with  the 
assent  of  said  society,  lease  said  estate  or  portions  thereof 
upon  such  terms  as  shall  be  approved  by  the  probate 
court  for  the  county  of  Suffolk. 

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

Approved  May  8,  1889. 

C7^ft7?.319  '^^  ^^^  AUTHOKIZING  THE  TOWN  OF  ROWLEY  TO  INDEMNIFY  EU- 
AVARD  H.  RICHARDSON  FOR  DAMAGES  SUSTAINED  WHILE  ASSISTING 
TO   KEEP   THE   PEACE. 

Be  it  enacted^  etc. ,  as  foUoivs : 

hldlmi^f'^Ed  Section  1.  The  town  of  Rowley  may  appropriate  and 
ward  H.  Rich-  puy  such  suHi  as  it  shall  deem  necessary  to  indemnify 
dLnag(^8°and  Edward  H.  Richardson  of  said  town  for  damages  and 
expenses.  expcuscs  sustaiucd  aud  incurred   by  him  while  assisting, 

in  obedience  to  command,  Arthur  Bishop,  a  deputy  sheriff 
of  the  county  of  Essex,  in  apprehending  and  securing  a 
person  for  breach  of  the  peace  in  said  town  on  the  twenty- 
ninth  day  of  December  in  the  year  eighteen  hundred  and 
eighty-eight. 

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

Approved  May  8,  1889. 

ChCip.32iO  ^^  -^^"^  "^^  AMEND  THE  CHARTER  OF  THE  CITY  OF  BOSTON  RELA- 
TIVE TO  THE  MAKING  OF  PAYMENTS  AND  INCURRING  OF  LIABILI- 
TIES  IN   ADVANCE   OF  THE  ANNUAL   APPROPRIATIONS. 

Be  it  enacted^  etc. ,  as  folloios : 
May  incur  liabii-  SECTION  1.  Scctiou  SIX  of  chapter  two  hundred  and 
advance  of  sixty-six  of  the  acts  of  the  year  eighteen  hundred  and 
appropi  a  ions,  gjgi^^y.^yg  jg  hereby  amended  by  adding  thereto  the 
following  :  —  Except  that  at  the  beginning  of  the  financial 
year,  to  meet  the  liabilities  of  the  several  departments 
incurred  in  the  carrying  on  of  the  work  entrusted  to  them, 
until  the  city  government  shall  ofherwise  order,  expendi- 
tures may  be  made,  liabilities  may  be  incurred  and  pay- 
ments made  from  the  treasury  from  any  funds  therein, 
and  the  treasurer  may  borrow  money  in  anticipation  of 
taxes  to  provide  funds.  Such  expenditures  and  liabilities 
shall  not  exceed  for  each  department,  one-third  the  entire 
amount  appropriated  for  the  department  the  previous  year, 
and  shall  be  considered  and  reckoned  as  a  part  of  the 
expenditures  of,  and  the  money  paid  therefor  as  a  part  of 
the  appropriations  for,  the  current  financial  year. 

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

Approved  May  9,  1889. 


1889.  — Chapters  321,  322.  1013 


An  Act  relating  to  the  commissioners  of  savings  banks.      Ohar)  3'^! 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   board  of  commissioners  of   savings  Three  commis. 
banks  shall   consist  of  three  commissioners  appointed  by  Tu^^I'lluktilh^i 
the  governor,  with  the  advice  and  consent  of  the  council,  '^bi'govemor. 
subject  to  removal  in  like  manner,  each  of  whom  shall  be 
sworn,  and  shall   hold  office  for  the  term  of  three  years, 
unless  sooner  removed.     Upon  the  occurrence  of  a  vacancy 
before  the  expiration  of  a  term,  an  appointment  shall  be 
made  for  the  remainder  of  the  term.     The  governor  shall 
designate  a  member  of  said  board  to  be  the  chairman 
thereof      The  annual  salary  of  the  chairman  of  the  board  Salaries. 
shall    be  thirty-five    hundred    dollars,   that  of  the   other 
commissioners  three  thousand  dollars  each. 

Section  2.     Section  one,  and  so  much  of  section  two  Repeal. 
of  chapter  one  hundred  and  sixteen  of  the  Public  Statutes, 
and  so  much  of  chapter  two  hundred  and  fifty-two  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six  as   is 
inconsistent  with  this  act  are  hereby  repealed. 

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

Approved  May  9,  1889. 

An  Act  to  enable  the  city  of  boston  to  extend  its  improved  /nrz  „„  qon 

SEWERAGE   SYSTEM.  "^ 

Be  it  enacted,  etc.,  as  folloios  : 

Section  1.     The  board  of  aldermen  of  the  city  of  Boston  May  extend 
may  continue  and  extend  the  construction  of  the  improved  syrtem^*^ 
sewerage  system  of  said  city  and  may  take  land  therefor. 

Section  2.     The  city  of  Boston,   for  the  purpose  of  >^»y '««"^ ^°!?^« 

,    ^  111.  .  in  excess  of  the 

paying  the  expenses  incurred  under  this  act,  may  incur  debt  limit. 
indebtedness,  and  may  authorize  the  city  treasurer  of  said 
city  to  issue,  from  time  to  time  as  may  be  required  there- 
for, bonds  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  five  hundred  thousand  dollars  outside  of  the 
limit  of  indebtedness  fixed  by  law  for  said  city.  Such 
bonds  shall  be  payable  within  not  exceeding  thirty  years 
from  their  date,  and  shall  bear  interest  at  a  rate  not  ex- 
ceeding four  per  centum  per  annum,  to  be  fixed  as  pro- 
vided by  the  ordinances  of  said  city.  Said  treasurer  shall 
sell  such  bonds  or  certificates  or  any  part  thereof,  from 
time  to  time,  and  retain  the  proceeds  thereof  in  the 
treasury  of  said  city,  and   pay  therefrom  the    expenses 


1014 


1889.  —  Chapters  323,  324 


Proviso. 


incurred  for  the  purposes  aforesaid  :  provided,  liowever, 
that  the  premiums,  if  any,  received  in  the  sale  of  such 
bonds  or  certificates  shall  be  paid  over  to  the  l)oard  of 
commissioners  of  sinking  funds  of  said  city  and  be  placed 
in  the  sinking  fund  created  for  the  payment  of  the  loan 
herein  authorized.  Except  as  herein  otherwise  provided 
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  apply  to  the  issue  of  such  bonds  or  certificates,  and 
to  the  establishment  of  a  sinking  fund  for  the  payment 
thereof  at  maturity. 

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

Apiproved  May  9,  1889. 


C7lCip.323    ^^   ^^'^  "^^   AMEND  AN  ACT   TO   INCORPORATE   THE   GRAFTON   WATER 

COMPANY. 


Real  estate  and 
capital  stock. 


ifay  issue 
bonds. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  six  of  chapter  two  hundred  and 
eleven  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
six,  as  amended  by  section  three  of  chapter  ninety-five  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven,  is 
hereby  amended  so  as  to  read  as  follows  :  —  Section  6. 
The  said  corporation  may,  for  tlie  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  eighty  thousand  dollars,  to 
be  divided  into  shares  of  one  hundred  dollars  each.  Said 
corporation  may  issue  bonds  bearing  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum,  and  secure  the  same 
by  a  mortgage  on  its  franchise  and  other  property  to  an 
amount  not  exceeding  its  capital  stock  actually  paid  in  and 
applied  to  the  purposes  of  its  incorporation. 

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

Approved  May  9,  1889. 


ChCip.324:  •^'^  ^^'^  "^^  P^^  THE  SALARIES  OF  OFFICIAL  STENOGRAPHERS  OF 
THE  SUPERIOR  COURT  FOR  CIVIL  BUSINESS  FOR  THE  COUNTY  OF 
SUFFOLK. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.  The  salary  of  each  of  the  ofl3cial  stenog- 
raphers of  the  superior  court  for  civil  business  for  the 
county  of  Suflblk  shall  be  twenty-five  hundred  dollars  a 


Salaries 
establi»bed 


1889.  — Chapters  325,  326.  1015 

year,  to  be  so  allowed  from  the  first  day  of  April  in  the 
year  eighteen  hundred  and  eighty-nine. 

Section  2.     So  much  of  section  one  of  chapter  twenty-  Repeal. 
four  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven  as  is  inconsistent  with  this  act  is  hereby  repealed. 

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

Approved  May  9,  1889. 

An  Act  to   authorize   the    town   of  anoover   to  make  an  QJi(irf,^25 

ADDITIONAL   WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Andover,  for  the  purposes  xownofAndo- 
mentioned  in  section  five  of  chapter  four  hundred  and  anaddUionVi'^ 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and  '"-'^'e'" 'oaJ^- 
eighty-seven,  may  issue  bonds,  notes  or  scrip  to  be  de- 
nominated on  the  face  thereof,  Andover  Water  Loan,  to 
an  amount  not  exceeding  sixty  thousand  dollars  in  addition 
to  the  amount  heretofore  authorized  by  law  to  be  issued 
]\y  said  town  for  the  same  purposes  ;  said  bonds,  notes  or 
scrip  to  be  issued  upon  the  same  terms  and  conditions  and 
with  the  same  powers  as  are  provided  in  said  act  for  the 
issue  of  the  Andover  water  loan  by  said  town  :  provided, 
the  whole  amount  of  such  bonds,  notes  or  scrip  issued  by 
said  town,  together  Avith  those  heretofore  authorized  to  be 
issued  by  said  town  for  the  same  purposes,  shall  not  in 
any  event  exceed  the  amount  of  one  hundred  and  sixty 
thousand  dollars. 

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

Approved  May  9,  1889. 


Pro^'iso. 


An  Act  to  prevent  the  feeding  of  garbage,  refuse  or  offal 

TO  MILCH  cows. 


Chap.'d'lQ 


Be  it  enacted,  etc.,  as  folloivs: 

Whoever  knowingly  feeds  or  has  in  his  possession  with  ?^^be'^fed\"i")5'' 
intent  to  feed  to  any  milch  cow,  any  garbage,  refuse  or  garbage  or  offai, 

mi  11,      Ti  -i  ,  t/oo'  under  penalty. 

ottal  collected  by  any  city  or  town,  or  by  any  person 
having  authority  from  any  city  or  town,  by  contract  or 
otherwise,  shall  be  punished  b}'^  imprisonment  in  the  jail 
or  house  of  correction  not  exceeding  sixty  days  or  by  fine 
not  exceeding  one  hundred  dollars. 

Aj)p>roved  May  9,  1889. 


1016 


1889.  —  Chapters  327,  328,  329. 


ChctV.'^^l  An  Act  changing  the  time  of  the  sittings  of  the   suteuior 

COURT  FOR  THE  COUNTY  OF  FRANKLIN. 


Sittings  of  the 
superior  court 
in  Franklin 
county. 


Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  superior  court  for  the  county  of 
Franklin,  now  required  to  be  held  on  the  third  Monda}' of 
March  and  the  second  Mondays  of  August  and  Novenil)er, 
shall  hereafter  be  held  on  the  third  Monday  of  April  and 
the  second  Mondays  of  July  and  November  in  each  year. 

Section  2.  This  act  shall  take  effect  on  the  first  day 
of  September  next.  Approved  May  9,  1889. 


O^f/W.328   -^^    ^*^^   RELATING    TO    THE    ANNUAL    RETURNS    OF    RAILROAD    COR- 
PORATIONS. 

Be  it  enacted,  etc.,  as  folloivs: 
Annual jeturn  Section  1.  The  dircctoi's  of  railroad  corporations 
the  year  ending  shall  be  required  annually,  on  or  before  the  first  AVeclnes- 
day  of  September,  to  transmit  to  the  board  of  railroad 
commissioners  a  report  of  their  doings  for  the  year  ending 
on  the  thirtieth  day  of  June  preceding,  and  accounts  shall 
be  closed  on  said  thirtieth  day  of  June  in  each  year  so 
that  the  balance  sheet  of  that  date  can  be  taken  there- 
from and  included  in  the  return 
Form  of  return.  Section  2.  The  board  of  railroad  commissioners  may 
change  the  form  for  the  annual  returns  required  to  be 
made  by  railroad  corporations,  so  that  such  form  shall 
conform  to  the  form  for  returns  required  by  the  interstate 
commerce  commission,  by  giving  to  the  corporations  one 
month's  notice  of  such  change,  and  said  board  shall  be 
required  on  or  before  the  fifteenth  day  of  June  of  each 
year  to  furnish  blank  forms  of  such  returns. 

Section  3.  So  much  of  section  eighty-one  of  chapter 
one  hundred  and  twelve  of  the  Public  Statutes  as  is  incon- 
sistent herewith  is  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Ajyproved  May  10,  1889. 


Repeal. 


ChCl7).329)   A^    A^^  CONCERNING  THE   SALARY  OF   THE   LATE   GEORGE   F.   GOOLD, 

HAHBOR   MASTER   OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Salary  may  be        Section  1.     The  city  of  Bostou  is  authoi'ized  to  pay 

P"*"  ^°  "''^'°^-    to  the  widow  of  George  F.    Goold,   late  captain  of  the 

police  force  and  harljor  master  of  said  city,  the  salary 


1889.  — Chapter  330.  1017 

that  would  have  been  payable  to  him  after  filling  said 
offices  for  the  balance  of  the  fiscal  year  ending  April 
•thirtieth,  eighteen  hundred  and  eighty-nine,  and  to  which 
he  would  have  been  entitled  had  he  lived  and  continued 
to  hold  such  offices  during  said  period. 

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

Approved  May  10,  1889. 


Chap.330 


An  Act  to  establish  the  public  hbraky  in  the  city  of  laav 
rexce  and  to  authorize  the   erection  of  a  building  for 

THE   SAME. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  city  of  Lawrence  may  establish  under  pubiic  library 
the  provisions  of  this  act  a  public  library  for  the  free  use  "'i  Lawrence. 
of  the  inhabitants  of  said  city. 

Section  2.  The  management  of  said  library  shall  be  Management 
vested  in  a  board  of  trustees,  to  consist  of  the  mayor,  oftrustees'"'"^ 
president  of  the  common  council,  three  trustees  of'lhe 
White  fund,  these  five  members  to  be  mem]>ers  ex  officio, 
and  six  citizens  to  be  elected  by  the  city  council  in  joint 
convention  by  ballot.  The  six  citizens  already  elected 
and  holding  office  under  the  existing  city  ordinance  shall 
continue  to  hold  office  until  the  expiration  of  the  terms 
for  which  they  were  severally  elected.  Hereafter  two 
citizens  shall  be  elected  in  December  of  each  year  to  hold 
office  for  the  term  of  three  years  from  the  first  Alonday  of 
January  following.  Elections  may  be  held  at  any  time  to 
fill  vacancies  for  the  remainder  of  the  unexpired  term. 

Section  3.      The   board    of    trustees    shall    have    the  Trustees  to  have- 
general  care  and  control  of  the  library,  and  of  the  expen-  fonfroiof'^""'^ 
diture  of  all  moneys  appropriated  therefor  ;  they  may  make  library. 
such  rules  and  regulations  as  they  deem  expedient,  and 
may  appoint  a  librarian  and  such  subordinate  officers  as 
they  may  consider  necessary,  define  their  duties  and  fix 
their  compensation,  provided  that  the  total  expenditure  for 
the  same  shall  not  exceed  the  sum  appropriated  therefor. 

Section  4.      The   said  board  shall  report  to  the  city  to  make  annual 
council   annually  in  the    month  of  January,   stating  the  cuy°'"°^^^ 
condition  of  the  library,  the  number  of  books  that  have 
been  added  during  the  past  year,  Avith  an  account  of  all 
the  receipts  and  expenditures  and  such  other  information 
as  the}'  may  deem  important. 

Section  5.  All  moneys  received  by  the  city  from  the  Moneysreceived 
county  on  account  of  dog  licenses  shall  annually  be  appro-  to  be'aln'iiecir^ 
priated  for  the  increase  of  the  library.  ^'°- 


1018  1889.  —  Chapter  331. 

uactf^-^u8e°of        Section  6.     The  city  council  are  hereby  authorized  to 
abiiikiiug.         make  such   contract  as  they   may   deem    wise    with   the 
trustees  of  the  "White  fund  for  the  occupation  b}^  the  city 
of  any^  l>uilding  which  may  be  erected  by  said  trustees  for 
said  library. 
acc^Jpunce.  Section  7.     This  act  shall  take  effect  upon  its  accept- 

ance by  the  city  council  of  the  city  of  Lawrence. 

Approved  May  10,  1889. 

ChCtJJ  331   "^^   "^^^  ^^   INCORPORATE   THE   PLYMOUTH   AND    BOURNE    RAILROAD 

COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Boiune  Kaiu'^  Section  1.  William  A.  Nye,  Horace  B.  Taylor,  Isaiah 
road  compauy,  T.  Joncs,  Gcorgc  T.  McLauglilln,  George  I.  Briggs, 
Benjamin  B.  Abbe,  Nathaniel  Morton,  Charles  C.  Doteu, 
their  associates  and  successors,  are  hereby  made  a  corpo- 
ration by  the  name  of  the  Plymouth  and  Bourne  Railroad 
Company,  with  all  the  powers  and  privileges  and  subject 
to  all  the  duties,  restrictions  and  liabilities  set  forth  in  the 
general  laws  which  now  are  or  may  hereafter  be  in  force 
relating  to  railroad  corporations,  except  as  hereinafter 
provided. 
Railroad  to  Section  2.     Said  Corporation  may  locate,  construct  and 

connect  Old  Col-  .  .  ,  -i  i        •   i 

onyin  Plymouth  mamtam  and  operate  a  railroad  with  one  or  more  tracks, 

with  the  (Jape  .  ^  •        i  •     j       •         j  i  j  c 

Cod  division  of  Commencing  at  some  convenient  point  in  the  town  ot 
in  Bouiue°'°"^  Plyiuouth  at  or  near  the  terminus  of  the  Old  Colony  Rail- 
road Company  and  connecting  therewith  ;  thence  through 
the  towns  of  Plymouth  and  Bourne,  in  a  southerly  direc- 
tion, to  a  convenient  point  of  junction  with  the  Cape  Cod 
division  of  the  Old  Colony  railroad  in  the  town  of  Bourne. 
Said  corporation,  by  the  consent  and  with  the  approval 
of  the  board  of  mayor  and  aldermen  of  any  city  or  the 
selectmen  of  any  town  through  which  it  may  intend  to 
extend  its  tracks,  is  empowered  to  locate,  construct,  main- 
tain and  use  one  or  more  branch  tracks,  commencing  at 
convenient  points  on  the  main  line  and  extending  to  manu- 
facturing and  mechanical  establishments,  and  to,  upon  or 
over  wharves,  piers  or  other  like  structures  not  more  than 
one  mile  distant  from  the  main  line. 
Capital  stock  SECTION  3.     The  Capital  stock  of  said  corporation  shall 

and  shares.  ^  '■ 

be  not  less  than  two  hundred  and  fifty  thousand  dollars 
nor  more  than  five  hundred  thousand  dollars,  and  shall  be 
divided  into  shares  of  one  hundred  dollars  each, 
road^^"^"^*  Section  4.     For  the  first  ten  years  after  the  comple- 


Location  and 
construction. 


1889.  —  Chapters  332,  333.  1019 

tion  and  opening  of  said  Plymouth  and  Bourne  railroad, 
said  Plymouth  and  Bourne  Railroad  Company  shall  not 
be  compelled  to  operate  its  said  road  during  the  months 
of  Deceml)er,  January,  February  and  March  of  each  yeai*. 

Section  5.     Said  Plymouth  and  Bourne  railroad  shall  |;'°tio"fo?t'he 
cross  the  location  of  the  Cape  Cod  Ship  Canal  Company  <^>i'«,V?''  ®^'p 

1  111  !•  1-11  I        ^    Cuual  Company. 

by  such  method  and  at  such  point  as  the  railroad  company 
and  the  canal  company  may  agree  upon,  and  if  they  are 
unable  to  agree,  then  said  road  shall  cross  said  location 
by  the  method  and  at  the  point  for  crossing  the  same  by 
the  Old  Colony  railroad,  to  be  determined  pursuant  to  the 
provisions  of  section  two  of  chapter  two  hundred  and 
twenty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven. 

Section  6.  Said  Plymouth  and  Bourne  railroad  shall 
be  located  within  three  ^'ears,  and  constructed  within  five 
years  after  the  passage  of  this  act. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  10,  1889. 

An    Act   to  authorize  the  city  of  havekhill  to  fill 
grade  the  landing  near  washington  square. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.     The    city  of  Haverhill  may  construct  a  cityofnaver. 
stone  wall  upon  the  southerly  side   of  the  landing  near  glacie'ihe  luud" 
Washington   square    and    between    said    square    and    the  lllgtorsquare!*' 
Merrimac  river  in  said  city  of  Haverhill.     Said  wall  shall 
be  along  the  course  of  the  harbor  line  as  established  by 
the  board  of  harbor  and  land  commissioners,  and  shall  be 
erected  and  maintained  to  the  height  of  the  present  stone 
wall  along  the  harbor  line  and  next  westerly  of  said  land- 
ing ;  except  that  forty  feet  in  width  of  the  wall  authorized 
by  this  act  may  be  four  feet  above  mean  high  water  mark. 
And  the  said  city  of  Haverhill  may  change  the  present 
grade  of  said  landing  by  filling  and  grading  to  the  level 
of  the  top  of  said  wall  when  it  shall  have  been  erected. 

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

Approved  May  10, 1889. 


Chap.332 


Chap.333 


An  Act  to  confirm  the  proceedings  of  the  annual  town 

meeting   of   the   town   of   GREENFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  proceedings  of  the  annual  town  meet-  fo°^^!fn^!|]^'^ 
ing  of  the  town  of  Greenfield  held  on  the  fourth  day  of 


1020  1889.  —  Chapter  331. 

March  in  the  year  eighteen  hundred  and  eighty-nine  shall 
not  be  invalid  by  reason  of  any  error  or  omission  in  the 
warrant  calling  said  meeting. 

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

Approved  May  10^  1889. 

Chcn).334:  ^^  ^^"^  "^O  AMEND  CHAPTER  THREE  HUNDRED  AND  NINETY  OF 
THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-EIGHT 
RELATING   TO   THE   COLLECTION   OF  TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  three  hundred  and 
ninety  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight  is   hereby  repealed,  and  the  following  substituted 
Collector  to        thcrcfor  :  —  Section  2.     The    collector   shall,  as  soon  as 

notify  person  of  -i  i  c  •     •  j  t    j  i  j  i 

amount  of  tax.  possiblc  alter  rcceiving  any  tax  list  and  warrant,  send  a 
repealed!  ^^'  uoticc  to  cach  pcrson  assessed,  resident  and  non-resident, 
of  the  amount  of  his  tax  ;  and  such  notice,  if  sent  through 
the  mail,  shall  be  postpaid  and  directed  to  the  city  or  town 
which  was  the  place  of  residence  of  such  person  on  the 
first  day  of  May  of  the  year  in  which  the  tax  was  assessed, 
and  if  sent  to  a  resident  of  the  city  in  which  the  tax  is 
assessed,  shall  be  directed  to  the  street  and  number  of  his 
residence,  if  possible.  If  the  person  is  assessed  for  a  poll 
tax  only,  the  notice  shall  be  sent  on  or  before  the  second 
day  of  September  of  the  year  in  which  the  tax  is  assessed. 
An  omission  to  send  the  notice  herein  required  shall  not 
invalidate  a  tax  or  proceedings  for  the  collection  or  enforce- 
ment of  the  same. 

Section  2.     Section  three  of  chapter   three   hundred 

and  ninety  of  the  acts  of  the  year  eighteen  hundred  and 

eighty-eight  is  amended  to  read  as  follows  :  —  Section  3. 

To  enter  in        Evcrv  collcctor  shall  make  and  keep,  in  the  book  com- 

book  disposition  J  '■       .     .  , 

of  each  tax  uiitted  to  him  by  the  assessors  containmg  the  tax  nst, 
against  the  name  of  every  person  or  corporation  assessed 
for  a  tax,  entries  showing  the  disposition  thereof,  whether 
re-assessed,  abated,  or  paid,  and  the  date  of  such  disposi- 
tion. 

Repeal.  Section    3.     Scctious    twcnty-nine    and    forty-one    of 

chapter  three  hundred  and  ninety  of  the  acts  of  the  yeai; 
eighteen  hundred  and  eighty-eight  are  repealed ;  and  sec- 
tion seven  of  said  chapter  is  amended  to  read  as  follows  : 

To  complete       — Sectioii  7.     The  collector  shall,  unless  removed  from 

collection  of  .,  .it  i  i-  i-i 

taxes  although    officc,  as  hereinafter  provided,  or  unless  his  tax  list  has 

term  of  office        ,  ,  piji-  •  ^      ^     ^         ^ 

expires.  becu  transferred  to  his   successor,  as  provided   by  law. 


1889.  — Chapter  334.  1021 

complete  the  collection  of  taxes  eomniitted  to  him,  althonch 

his  term  of  office  expires   before   such   completion.     He 

shall  be  allowed  the  following  charges  and  fees,  and  no  , 

other,  wdiicli  shall  be  severally  added  to  the  amount  of  the 

tax  after  they  have  accrued,  to  wit :  — 

For  arrest  by  collector  or  other  officer,  one  dollar.  Fees. 

For  a  warrant  to  distrain  or  arrest,  fifty  cents. 

For  a  copy  of  warrant  and  certificate  (section  fifteen), 
one  dollar. 

For  preparing  advertisement  of  sale,  fifty  cents. 

For   advertisement   of    sale   in    newspapers,    the    cost 
thereof. 

For  posting  notices  of  sale  (for  each  piece  of  real  estate 
or  lot  of  goods  distrained),  fifty  cents. 

For  distraining  goods,  one  dollar  and  the  cost  thereof. 

For  selling  goods  distrained,  the  cost  thereof. 

For  obtaining  affidavit  of  disinterested  person,  one  dol- 
lar. 

For  recording  affidavit,  the  register's  fees. 

For  preparing  deed,  one  dollar. 

Section  4.  Section  eight  of  chapter  three  hundred  and 
ninety  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight  is  amended  to  read  as  follows  : — Section  8.  Col- J°^™U^®jjgjQj.g 
lectors  shall,  before  sellino;  the  real  estate  of  a  resident  eeiungor 
owner,  or  distraming  the  goods  or  any  person  assessed,  or 
arresting  him  for  his  tax,  make  a  demand  for  the  payment 
thereof,  either  by  causing  to  be  given,  or  to  be  sent  post- 
paid through  the  mail,  directed  as  provided  for  the  direc- 
tion of  notices  in  section  two  of  this  act,  to  the  person 
assessed  for  a  tax,  or  if  the  heirs  of  a  deceased  person,  or 
a  firm  or  more  than  one  person  are  assessed,  then  to  one 
of  such  heirs,  or  members  of  a  firm,  or  owners  only,  a 
statement  of  the  amount  thereof,  with  a  demand  for  its 
payment.  Such  demand  for  the  tax  on  real  estate  shall  be 
given,  or  be  sent  directed  as  hereinbefore  provided,  to  the 
person  or  one  of  the  persons  as  aforesaid,  if  a  resident  of 
the  city  or  town,  or  to  the  person  occupying  the  real  estate 
on  the  first  day  of  May  of  the  year  in  which  the  tax  is 
assessed  ;  if  a  mortgagee  of  real  estate  has  given  a  notice 
as  provided  in  section  thirty-two,  such  demand  shall  be 
given,  or  be  sent  directed  as  hereinbefore  provided,  to 
the  mortgagee  instead  of  to  the  owner  or  occupant ;  if  a 
mortgagee  or  owner  of  real  estate  has  given  an  authority 
to  a  resident  attorney  to  pay  the  tax  with  notice  thereof, 


1022 


1889.  — Chapter  334. 


No  demand 
upon  non- 
resident owner 
of  real  estate. 


"When  commit- 
ting a  person  to 
prison  to  give 
certiticate  to 
keeper. 


May  issue  war- 
rant  to  sheriff, 
etc.,  in  fourteen 
days  after 
demand. 


"Warrant  to  run 
throughout  the 

state. 


Collector  may 
proceed  in  his 
own  name  when 
tax  remains 
unpaid  for 
three  months. 


Repeal. 


as  provided  in  section  thirty-three,  the  demand  shall  be 
given,  or  be  sent  directed  as  hereinbefore  provided,  to  such 
attorney  instead  of  to  a  mortgagee,  owner  or  occupant. 
No  demand  need  be  made  of  a  non-resident  owner  of  real 
estate,  nor,  except  as  herein  provided,  need  any  demand 
be  made  of  a  mortgagee  or  of  an  attorney. 

Section  5.  Section  nineteen  of  chapter  three  hundred 
and  ninety  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  is  amended  to  read  as  follows  : —  Section  19. 
When  the  collector  commits  a  person  to  prison  he  shall 
give  the  keeper  thereof  a  certificate  signed  by  him,  setting 
forth  that  he  has  committed  the  person  for  non-payment 
of  his  tax,  for  fourteen  days  after  demand  therefor,  and 
for  want  of  goods  and  chattels  whereof  to  make  distress, 
and  also  setting  forth  the  amount  said  person  is  to  pay  for 
said  tax  and  interest,  and  charges  and  fees. 

Section  6.  Section  twenty-three  of  chapter  three 
hundred  and  ninety  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-eight  is  amended  to  read  as  follows  :  — 
Section  23.  When  a  tax  as-essed  upon  a  person  remains 
unpaid  for  fourteen  days  after  demand  therefor,  the  col- 
lector may  issue  his  warrant  to  the  sheriffs  of  the  several 
counties,  or  their  deputies,  or  to  any  constable  of,  or 
deputy  collector  of  taxes  for,  the  city  or  town  for  which 
he  is  the  collector,  directing  them  and  each  of  them  to 
distrain  the  property  or  take  the  body  of  the  person 
assessed  for  the  tax,  and  to  proceed  therein  in  like  manner 
as  required  of  collectors  in  like  cases.  The  warrant  shall 
run  throughout  the  state,  and  any  officer  to  whom  it  is 
directed  may  serve  it,  and  apprehend  the  person  in  any 
county. 

Section  7.  Section  twenty-four  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 
24.  When  a  tax  assessed,  or  re-assessed,  upon  a  person 
either  for  real  or  personal  estate,  or  both,  remains  unpaid 
for  three  months  after  it  is  committed  to  the  collector,  the 
collector  may,  in  his  own  name,  sue  or  otherwise  proceed 
in  court  against  the  person  assessed,  to  collect  the  tax,  in 
like  manner  as  to  collect  a  debt  due  him  from  such  person. 

Section  8.  Section  twenty-eight  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight,  requiring  a  summons  and  providing  for 
a  charge  to  be  made  therefor,  is  repealed. 


1889.  — Chapter  334.  1023 

Section  9.     Section  thirty  of  chapter  three  hundred 
and  ninety  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  is  amended  to  read  as  follows  :  —  Section  30.  LJen  for  taxes. 
Taxes  assessed  on  real  estate,  including   taxes   assessed 
under   sections  fourteen,  fifteen    and    sixteen  of  chapter 
eleven    of    the   Public    Statutes,   shall    constitute    a   lien 
thereon  from  the  first  day  of  May  until  the  expiration  of 
two  3^ears  from  the  first  day  of  October  of  the  year  in 
which    said    taxes    are    assessed.     If    such   tax    remains  Levy  upon 
unpaid  for  fourteen  days  after  demand  therefor,  it  may  ''«''' e^'^t*^- 
wnth  all  incidental  charges  and  fees  be  levied  by  sale  of 
the  real  estate  within  said  two  years,  or  after  the  expira- 
tion of  said  two  years,  if  the  estate  has  not  been  alienated 
prior  to  the  giving  of  the  notice  of  such  sale. 

Section  10.  Section  thirty-two  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 

32.  If  a  mortgagee  of  real  estate,  situated  in  the  place  when  demand 
of  his  residence,  previously  to  the  first  day  of  September  ^LmiZ^l\V^ 
of  the  year  in   which  the  taxis  assessed,  gives  written  ^"'^'^  °^  °^"®'■• 
notice  to  the  collector  of  such  place  that  he  holds  a  mort- 
gage on  real  estate  with  a  description  of  the  estate,  the 

demand  of  payment  for  the  tax  shall  be  made  of  the 
mortgagee  instead  of  the  owner. 

Section  11.  Section  thirty-three  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 

33.  If  a  mortgagee  or  owner  of  real  estate  gives  a  written  when  demand 
authority  to  some  inhabitant  of  the  place,  as  his  attorney,  oVauori^y^^ 
to  pay  the  taxes  imposed  on  such  estate,  and  likewise  gives 

to  the  collector  previously  to  the  first  day  of  September 
of  the  year  in  which  a  tax  is  assessed,  written  notice  that 
such  authority  has  been  given,  the  demand  of  payment 
for  the  tax  shall  be  made  of  such  attorney,  instead  of  the 
owner,  and  instead  of  the  mortgagee,  as  provided  in 
section  thirty-two. 

Section  12.     Section  thirty-seven  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 
37.     The  collector   shall,  three    wrecks   before   the  sale,  collector  to 
post  a  notice,  similar  to  that  required  by  the  two  preced-  rhTee^weeL 
ing  sections,  on  the  premises  by  him  advertised  to  be  sold,  *>efo'e » sale. 
if  any  part  thereof  is  bounded  by  a  street,  lane,  court  or 
highway. 


1024 


1889.  —  Chapter  334. 


Sale  to  be  void 
if  purcliaser 
fails  to  pay 
within  twenty 
days. 


Custody  of 
deeds  to  cities 
and  towns. 


Section  13.  Section  forty-nine  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 
49.  If  after  the  sale  of  real  estate  for  the  payment  of 
taxes  a  purchaser  thereof  fails  to  pay  the  collector  within 
twenty  days  the  full  sum  offered  by  him  and  to  receive 
his  deed,  the  sale  shall  be  null  and  void,  and  the  city  or 
town  shall  be  deemed  to  be  the  purchaser  of  the  estate, 
according  to  the  provisions  of  the  preceding  section. 

Section  14.  Section  fifty-one  of  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  is  amended  to  read  as  follows  :  —  Section 
51.  Deeds  to  a  city  shall  be  placed  in  the  custody  of  its 
collector,  and  to  a  town  shall  ))e  placed  in  the  custody  of 
its  treasurer,  and  to  said  collector  or  treasurer  all  applica- 
tions for  the  redemption  of  the  estates  described  in  said 
deeds  shall  be  made.  And  the  several  cities  and  towns 
may,  as  holders  of  such  estates,  exercise  the  same  rights 
and  perform  the  same  duties  as  any  individual  purchaser 
of  real  estate  taken  for  taxes,  and  may  make  regulations 
for  the  custody,  management  and  sale  of  such  estates,  and 
for  the  assignment  of  the  tax  titles  thus  obtained,  not 
inconsistent  with  law  or  with  the  right  to  redeem  the 
same. 

Section  15.  Sections  sixty-nine  and  seventy-two  of 
chapter  three  hundred  and  ninety  of  the  acts  of  the  year 
eighteen  hundred  and  eighty- eight  are  amended  by 
striking  out  the  w^ords  "  with  the  approval  of  the  asses- 
sors," wherever  they  occur  in  each  of  said  sections. 

Section  16.  Forms  "  No.  5,"  "No.  6," and  "No.  7," 
in  the  schedule  of  forms  at  the  end  of  said  chapter  three 
hundred  and  ninety,  are  stricken  out  and  the  following 
inserted  in  place  thereof :  — 

Forms.  No.  5.  —  FORII    OF    CERTIFICATE    REQUIRED    BY   SECTION    19   TO   BE 

GIVEN  BY  A  Collector  when  a  Commitment  is  made  by  Him. 

,  18     . 
I  hereby  certify  that  the  tax  assessed  in  the  of 

as  of  the  first  day  of  May  in  the  year  upon  remains 

unpaid  for  fourteen  days  after  demand  therefor  made  by  me :  and 
that  for  want  of  goods  and  chattels  whereof  to  make  distress,  I  com- 
mit the  said  person  to  prison. 

I  also  certify  that  the  amount  the  said  person  is  to  pay  for  said  tax 
and  interest,  and  charges  and  fees,  is  dollars. 

CD, 
Collector  of  Taxes  for  the  of  . 


Amendment  to 
1SS8,  390,  §§  69, 
72. 


1889.  —  Chapter  334  1025 


No.  6.  —  Form  of  Collector's  Warrant  to  distraix  or  com-  Forms. 
MIT  UNDER  Section  23. 

commonwealth   of    MASSACHUSETTS. 

To  the  Sheriffs  of  our  several  Counties,  or  their  Deputies,  or  to  any 

Constahle  of  or  Deputy  Collector  of  Taxes  for  the  of 

in  the  Cotmty  of 

Greeting  : 

Whereas,  a  resident  of  in  the  County  of 

,  was  duly  assessed  as  of  the  fii'st  day  of  May  in  the  yeai* 
eighteen  liundred  and  ,  by  the  Assessors  of  the 

of  a  tax  in  the  sum  of  dollars  ;  and  the  same 

now  after  the  expiration  of  fourteen  days  from  the  date  of  a  demand 
made  upon  him  b}^  me  in  accordance  with  law  for  the  payment  of 
the  same,  remains  unpaid;  Therefore, 

In  the  name  of  the  Commonwealth  of  IMassachusetts,  you  and 
each  of  you,  are  I'equired  and  directed  to  distrain  the  goods  or  chat- 
tels of  the  said  person  so  assessed  sufBcicnt  to  satisfy  and  pay  the 
amount  due  for  such  tax  and  interest,  and  all  fees  and  charges  of 
keeping  and  selling  the  same,  saving  and  excepting  the  tools  or  im- 
plements necessary  for  the  ti'ade  or  occupation  of  the  said  ^^erson  so 
assessed,  beasts  of  the  plow  necessary  for  the  cultivation  of  his  im- 
proved land  ;  military  arms  ;  utensils  for  housekeeping  necessary  for 
upholding  life  ;  and  bedding  and  apparel  necessary  for  the  said  per- 
son so  assessed  and  his  family.  And  the  goods  and  chattels  so  dis- 
trained hx  3'ou,  you  are  required  to  keep  at  the  cost  and  charge  of 
the  owner,  and  within  seven  days  after  the  seizure  to  sell  the  same 
at  public  auction,  for  the  j^ayment  of  the  said  amount  due ;  having 
first  posted  up  a  notice  of  the  sale  in  some  public  place  in  the  town 
or  city  where  found,  forty-eight  hours  at  least  before  the  sale  :  pro- 
vicled,  however,  that  you  may,  if  you  shall  see  lit,  once  adjourn  said 
sale  for  a  time  not  exceeding  three  days,  in  which  case  you  shall 
forthwith  post  up  a  notice  of  such  adjournment  and  of  the  time  and 
place  of  sale.  And  if  said  distress  shall  be  sold  for  more  than  the 
said  amount  due,  you  shall  return  the  surplus  to  the  owner  of  such 
goods  or  chattels  upon  demand,  with  an  account  in  Avriting  of  the 
-sale  and  charges.  And  if  j'ou  cannot  find  sufficient  goods  and  chat- 
tels belonging  to  the  person  assessed,  whereon  to  make  distress,  you 
shall  take  the  bod}'  of  the  said  person  and  him  commit  to  one  of  the 
common  jails  in  the  county  in  which  you  shall  arrest  him,  there  to 
remain  until  he  shall  j)ay  said  tax,  and  interest,  and  charges,  and 
fees,  or  until  he  shall  be  discharged  therefrom  by  due  course  of 
law. 

And  in  case  you  shall  commit  said  person  so  assessed  to  prison  by 
wtue  of  this  Warrant,  you  are  required  to  give  the  keeper  of  the 
prison  wherein  he  may  be  committed  an  attested  copy  of  this  War- 
rant, with  a  certificate  thereon  under  your  hand,  setting  forth  that 
for  want  of  goods  and  chattels  of  the  said  person  whereof  to  make 
disti'ess,  you  have  taken  his  body  and  committed  him  to  jjrison  as 
aforesaid;  and  also  setting  forth Ihe  amount  said  jjerson  is  to  jJay  as 
his  tax  and  interest,  and  fees  and  charges. 

Hereof  fail  not,  and  make  return  of  this  Warrant,  with  your  doings 
thereon,  within  sixty  days  from  the  date  hereof. 

Given  under  my  hand  and  seal  this  day  of  18     . 

C  D,  [SEAL.] 

Collector  of  Taxes  for  the  of 


1026 


1889.  — Chapter  335. 


Forms. 


Repeal  or 
alteration  by 
this  act  not  to 
affect  any  act 
done,  etc. 


Xo.  7.  —  FoKM  OF  Certificate  required  by  Sectiotst  23  to  be 

ENDORSED   OX   COPY   OF    WARRANT   IN   CaSE   OF   COMMITMENT. 

,  18  . 
I  herebj'  certif}^  that,  by  yii-tue  of  the  warrant,  of  Avhieh  the  Avithin 
is  a  true  cojjy.  for  want  of  goods  and  chattels  whereof  to  make  dis- 
tress, I  have  taken  the  body  of  the  within  named  and 
committed  him  to  prison,  and  that  the  amount  wliich  lie  is  to  pay  as 
his  tax  and  interest,  and  fees  and  charge  is  dollars. 
Beputy  Collector  of  Taxes  for  the            of 

Sectiox  17.  The  repeal  or  alteration  by  this  act  of 
any  provisions  of  law  shall  not  atfect  any  act  done,  liabil- 
ity incurred  or  any  right  accrued  and  established  or  suit 
or  proceeding  to  enforce  such  right  or  liability  under  the 
authority  of  the  laws  hereby  repealed  or  altered. 

SectiojST  18.  This  act  shall  take  eifect  upon  its  pas- 
sage. Approved  May  14,  1889. 


ChCll).SS5    ^^   -^^^  "^^    INCORPORATE   THE    PROPRIETORS   OF   THE   NEW   MATTA- 

KESSETT   CREEKS. 

Be  it  enacted,  etc. ,  as  follows : 
Proprietors  of         Section  1.     Charlcs  F.  Duuham,  Samuel  Pent,  Cor- 

the  New  Matla-  .     ,  t    i  i  \-\ 

kessett Creeks,  nclius  Riplcy,  Johu  L.  Maylicw,  Watson  C.  Clark,  Oliver 
incoiporae  .  ^^  Vlnccnt,  Ralph  Cleveland,  Isaac  D.  Pease,  Henry 
Smith,  Benjamin  Gr.  Collins,  Clarence  H.  Collins,  Thomas 
Smith,  Walter  S.  Osborn,  Caleb  H.  Hobart,  Tristram 
Cleveland,  Charles  Vincent,  Arthur  C.  Vincent,  George 
G.  Cleveland,  William  G.  Vincent,  Benjamin  W.  Pease, 
David  B.  Pease,  Charles  M.  Pease,  Joseph  Gray,  George 

A.  Smith,  Elisha  M.  Smith,  Elijah  B.  Vincent,  Allen  P. 
Stewart,  Alfred  Stewart,  Seth  Vincent,  Oliver  D.  Waiffht, 
Grafton  H.  Smith,  Charles  G.  W.  Dunham,  William'^  F. 
Jernegan,  Alexander  Jernegan,  Thomas  E.  Norton,  Frank 

B.  Hobart,  Charles  Mayhew,  Richard  E.  Norton,  Henry 
M.  Cleveland,  Lyman  S.  Smith,  William  B.  Ripley, 
Samuel  P.  Huxford,  Ira  Darrow,  Hugh  S.  Vincent,  Allen 
R.  Norton,  Thomas  F.  Baylies,  Leander  Mayhew,  Frank 
W.  Pent,  Charles  H.  Marchant,  Elmer  E.  Norton,  Wil- 
liam E.  Marchant,  George  F.  Butler,  J.  Allen  Hudson, 
Henry  J.  Cleveland,  Edward  C.  Luce,  Asa  L.  Cleveland, 
Chester  E.  Pease,  Thomas  A.  Dexter,  James  Matchett, 
John  R.  Forman,  Jeremiah  S.  Weeks,  Charles  Earle, 
Rodolphus  H.  Morgan,  Elihu  M.  Bunker,  Alonzo  Ripley, 
AVilliam  Kelley,  Charles  B.  Osborn,  Henry  Dunham, 
Andrew   B.    Fuller,    Jr.,    George    C.    Fisher,  David    S. 


1889.  — Chapter  335.  1027 

Beetle,  George  M.  Cleveland,  Edgar  F.  Rogers,  Daniel 
T.  Webquish,  Samuel  P.  Ripley,  Melatiah  Mayhew, 
Lemuel  P.  Bunker,  Thomas  J.  Dunham,  Sylvanus  E. 
Norton,  Charles  H.  Norton,  Holmes  C.  Fisher,  Enoch  C. 
Cornell,  Eliot  H.  Norton,  Tristram  E.  Butler,  Frank  H. 
Marchant,  Jonathan  H.  Munroe,  Allen  Norton,  George 
Ripley,  John  Pease,  Charles  T.  Foster,  Charles  W.  Vin- 
cent, John  P.  Vincent,  Hiram  J  Cleveland,  Owen  W. 
Norton,  Christopher  R.  Beetle,  Charles  AV.  Pease,  Edwin 
R.  Marchant,  Cyrus  Vincent,  Caleb  Vincent,  Jophanus 
H.  Smith,  Edward  T.  Vincent,  and  Samuel  Keniston, 
their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Proprietors  of  the  New 
Mattakessett  Creeks,  in  the  town  of  Edgartown,  for 
the  purpose  of  constructing,  maintaining  and  operating  For  maintaining 
a  herring,  alewife  and  other  fishery,  and  for  the  better  other  fishery. 
improvement  of  the  meadows  and  other  lands  lying  around 
the  Great  pond  in  said  Edgartown,  by  means  of  a  creek, 
Avater  passage  or  canal,  to  be  located  and  dug  and  con-  May  construct 
structed  from  said  Great  pond  to  Katama  bay  or  some 
other  part  of  the  harbor  of  Edgartown,  with  the  privilege 
of  using  for  said  purposes  the  waters  of  the  said  Great 
pond,  subject  to  all  general  corporation  laws  which  now 
are  or  hereafter  may  be  in  force  relating  to  such  corpora- 
tions, and  shall  have  all  the  powers  and  privileges  and  be 
subject  to  all  the  liabilities  and  restrictions  set  forth  in 
chapter  one  hundred  and  live  of  the  Public  Statutes, 
except  as  herein  provided. 

Sectiox  2.  The  first  meeting  of  said  corporation  may  First  meeting  of 
be  called  by  any  number  of  members  thereof,  not  less  ^  corporation. 
than  ten,  who  shall  cause  a  notice  signed  by  them  to  be 
posted  in  some  conspicuous  public  place  or  places  in  said 
Edgartown,  fourteen  days  at  least  before  the  time  ap- 
pointed for  holding  said  meeting,  specifying  therein  the 
time,  place  and  purposes  thereof.  A  majority  of  the 
members  of  the  corporation  so  assembled  shall  have  full 
power  to  agree  upon  the  manner  of  calling  meetings  there- 
after and  to  make  by-laws  relating  to  any  or  all  of  the 
matters  contemplated  by  section  five  of  chapter  one  hun- 
dred and  five  of  the  Public  Statutes,  and  all  other  rules 
and  reirulations  necessary  for  the  good  orovernment  of  said 
corporation,  and  not  inconsistent  with  the  laws  of  the 
Commonwealth. 

Sectiox  3.     No  person  or  persons  shall,  without  per-  Seine,  etc.,  not 

'■  -^  ^  to  be  drawn 


1028 


1889.  — Chapter  335. 


near  mouth  of 
creeks  without 
consent  of  a 
majority  of 
members  of 
corporation. 


Penalty. 


Commissioners 
to  reanlate 
draining  of 
water. 


Damages. 


May  take  land. 


mission  first  obtained  of  a  majority  of  the  members  of 
said  corporation  present  at  a  meeting  called  for  that  pur- 
pose, set,  draw  or  stretch  any  seine  or  drag-net,  or  set  up 
any  weirs,  or  make  use  of  any  other  fishing  engine  in  any 
part  of  said  creeks,  or  at-  or  near  the  mouth  of  said  creeks, 
or  take  any  herrings,  ale  wives  or  other  fish  that  pass  up 
or  down  said  creek  or  creeks  while  in  the  same,  on 
penalty  of  one  dollar  for  each  fish  so  taken  and  the 
forfeiture  of  said  seines  or  other  apparatus  used  for  said 
purposes  in  said  creek  or  creeks ;  excepting  only  the 
rights  of  those  persons  now  holding  a  lease  of  said  Great 
pond,  under  the  conditions  of  said  lease  and  during  its 
present  term  ;  l)ut  nothing  in  this  act  shall  be  construed  to 
prevent  any  person  or  persons  from  fishing  in  the  waters 
of  said  Great  pond,  and  from  a  reasonable  way  to  pass 
over  or  cross  the  land  of  said  Proprietors  of  the  New 
Mattakessett  Creeks  to  said  Great  pond  for  the  purpose 
of  fishing  or  gunning.  The  said  penalty  may  be  recovered 
in  an  action  of  contract  before  any  court  competent  to  try 
the  same,  one-half  thereof  to  go  to  the  person  who  shall 
bring  suit  and  the  other  half  to  the  said  corporation  ;  and 
the  proceedings  for  forfeiture  shall  be  the  same  as  those 
provided  in  section  two  of  chapter  four  hundred  and  forty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven. 

Section  4.  Commissioners  who  are  now  serving,  or 
who  may  hereafter  be  appointed  to  regulate  the  draining 
of  the  water  off  from  the  low  grounds  and  meadows  afore- 
said, shall  be  disinterested  persons,  and  upon  and  after 
the  construction  of  said  creek  or  canal  shall  so  drain  the 
waters  of  said  pond  by  means  of  said  creek  or  canal 
leading  from  said  Great  pond  to  Katama  bay,  so  called, 
or  some  other  part  of  Edgartown  harbor,  and  in  no  other 
way.  If  by  any  order  or  procedure  of  said  commissioners 
the  said  proprietors  should  dig  their  creek  to  a  greater 
depth  for  the  benefit  of  said  low  grounds  or  meadows,  the 
commissioners  shall  consider  the  benefit  or  loss  to  all 
interested  parties  arising  from  such  procedure  or  acts 
thereunder,  and  shall  assess  said  benefit  or  loss  between 
the  said  creek  proprietors  and  the  owners  of  said  low 
lands  and  meadows.  The  amount  of  said  damage  to  each 
or  any  interested  party  may  be  recovered  in  an  action  of 
contract. 

Section  5.     Said  corporation,  for  the  purpose  of  con- 


1889.  —  Chapter  336.  1029 

stvucting  or  maintnininir  said  canal  or  creek,  may  take  the 
land  of  any  person  or  corporation,  and  shall  pay  all  dam- 
ages occasioned  by  any  such  taking ;  and  such  damages 
shall,  upon  the  application  of  either  party,  be  estimated 
and  recovered  in  the  manner  provided  in  relation  to  land 
taken  for  highways. 

Section    6.     Said   corporation    is   authorized   to   levy  Assessments 
assessments  upon  its  members  for  the  payment  of  land  ia'mfdaraages°. 
damages  and  other  necessary  expenses. 

Section  7.  Said  corporation  shall  have  authority  to  Reaiandper- 
purchase  and  hold  such  real  and  personal  property  as  may  ^""'^  ^"°^'^'  ^ 
be  necessary  or  convenient  for  the  purposes  named,  and 
the  meinbers  thereof  shall  be  entitled  to  shares  therein  as 
provided  by  the  articles  of  agreement  signed  by  the  sub- 
scribers therefor,  which  shall  be  made  apart  of  the  records 
of  said  corporation . 

Section  8.     All   acts  and   parts    of  acts   inconsistent  Repeal. 
wnth  any  of  the  provisions  of  this  act  are  hereby  repealed. 

Section  9.     This  act  shall  take  etfect  upon  its  passage. 

Aj>2'>roved  Mcvj  14^  1889. 


(7^«29.336 


An  Act  to  authorize  the  city  of  boston  to  take  land  for 
the  uses  of  the  city  hospital  of  said  city. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston,  for  the  uses  and  pur-  May  take  land 
poses  of  the  city  hospital  of  said  city,  and  for  other  purposes  city"hosp°itai.'^ 
connected  with  said  hospital,  may,  through  the  agency 
of  the  board  of  street  commissioners  of  said  city,  take 
from  time  to  time  any  part  or  parts  of  that  lot  or  tract 
of  land  in  said  Boston  bounded  northwest  by  Harrison 
avenue,  northeast  by  East  Concord  street,  southeast  by 
Albany  street  and  southwest  by  East  Chester  park,  includ- 
ing any  land  used  for  public  or  private  streets,  ways  or 
courts,  within  said  bounds. 

Section  2.     The  said  board  of  street  commissioners  commissioners 
shall,  Avithin  sixty  days  from  the  time  of  taking  any  lands  lecm"ied  i°n  the 
for  the  purposes  of  this  act,  cause  to  be  recorded  in  the  a'^doscnpt^on"'* 
registry  of  deeds  for  the  county  of  Suffolk  a  description  of  lands  taken. 
of  the  lands  so  taken  as  certain  as  is  required  in  an  ordi- 
nary conveyance  of  land,  and  a  statement  of  the  purposes 
for  which  they  were  taken,  which  description  and  state- 
ment shall  be  signed  by  a  majority  of  said  board. 

Section  3,     The  city  of  Boston  shall  pay  all  damages  payment  of 
for  injuries  to  property  sustained  by  any  person  whose  '^-"""^es. 


1030  1889.  —  Chaptek  337. 

Amount  of        propeitv  is  taken  under  authority  of  this  act ;  and  if  the 

cianiages  may        1     ^   I  J  J  _        ' 

be  derenriiiiea  said  boai'd  and  the  person  whose  property  is  taken  cannot 
agree  u})on  the  amount  of  damages,  a  jury  of  the  superior 
court  may  be  had  to  determine  the  same  in  the  same  man- 
ner as  a  jury  is  had  and  damages  are  determined  when 
parties  are  dissatisfied  with  an  estimate  of  damages  sus- 
tained by  any  person  l)y  the  hiying  out  of  a  highway  in 
said  city. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  14,  1889. 

ChClJ)  337  ^^  ^^^  RELATIVE  TO  THE  KEGISTRATION  OF  VOTERS  AND  THE 
APPOINTMENT  OF  ASSISTANT  REGISTRARS  OF  VOTERS  IN  THE  CITY 
OF   BOSTON. 

Be  it  enacted,  etc. ,  as  foUoics : 
Registrars  of  Section  1.     The  registrars    of  voters  in  the   city  of 

voters  lu  Boston  .     o  .  .  '^         , 

to  publicly         Boston  shall,  from  tmie  to  tmie  previous  to  the  annual 

post  lists  of  reg-  ,  ,  ......  .,  ii-i  j.     i 

jstered  voters,  statc  and  municipal  elections,  cause  to  be  publicly  posted, 
or  otherwise  submitted  to  public  inspection  in  or  near 
their  central  oflBce,  all  names  which  shall  be  added  to  the 
lists  of  registered  voters  now  required  to  be  posted  in 
accordance  with  section  six  of  chapter  sixty  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-four  and  acts  in 
amendment  thereof,  or  in  accordance  with  chapter  two 
hundred  and  ninety-eight  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four.  Such  additional  names  shall  be 
divided  according  to  precincts  and  arranged  in  alphabeti- 
cal order,  and  every  such  name  shall  be  thus  posted,  or 
otherwise  submitted  to  public  inspeetion,  within  forty- 
eioht  hours  after  its  reijistration.  The  said  registrars 
shall  in  like  manner  cause  to  be  posted,  or  otherwise  sub- 
mitted to  public  inspection  in  some  convenient  place  in 
each  ward  in  said  city,  the  names  of  the  voters  so  subse- 
quently added  to  the  lists  of  registered  voters  in  such 
ward.  In  case  however  the  city  council  of  said  city  shall 
authorize  the  said  registrars  to  publish  such  additional 
names  from  time  to  time,  arranged  as  above  provided,  in 
some  one  newspaper  in  said  city,  then  said  registrars  may 
make  such  publication  in  lieu  of  posting,  or  otherwise 
submitting  the  same  to  public  inspection,  as  above  re- 
quired. 

Appointment  SECTION  2.     Scctiou  four  of  chapter  sixty  of  the  acts 

of  assistant  ..  -,  j       c  ij.'i 

registrars.  of  tlic  year  eighteen  hundred  and  seventy-four,  relating  to 
the  appointment  of  assistant  registrars  of  voters  in  the 


1889.  —  Chaptek  337.  1031 

city  of  Boston,  is  amended  by  strikino-  out  the  word  "two" 
in  the  fourth  line,  and  inserting  in  place  thereof  the 
Avord  :  —  four,  —  also  by  striking  out  the  words  "  for  the 
remainder  of  the  municipal  year  "  in  the  sixth  and  seventh 
lines,  and  inserting  in  place  thereof  the  words  :  —  for  one 
year  from  the  respective  dates  of  their  appointment,  —  so 
that  as  amended  the  section  shall  read  as  follows  :  —  Sec- 
tion 4.  The  registrars  shall  annually  between  the  first 
day  of  May  and  the  first  day  of  October  appoint  assistant 
registrars  of  voters,  inhabitants  of  said  city,  not  exceed- 
ing four  for  each  ward,  who  shall  be  sworn  by  one  of  the 
registrars  to  the  faithful  discharge  of  their  duties,  and  shall 
hold  office  for  one  year  from  the  respective  dates  of  their 
appointment,  unless  sooner  discharged  by  the  registrars. 
They  shall  receive  such  compensation  as  the  city  council 
may  from  time  to  time  determine  ;  but  such  compensation 
shall  not  be  regulated  by  the  number  of  names  registered 
on  any  list  of  voters. 

Section  3.     Section  ten  of  chapter  sixty  of  the  acts  oi  ^^l^^l^^^f^^''^'^ 
the  year  eiohteen  hundred  and  seventy-four  is  amended  appciuted  regis- 
by  struiuig  out  the  word  "  and"  in  the  fourth  line  thereof,  registrars. 
and  by  inserting  after  the  word  "  militia",  in  the  same  line, 
the  words  :  —  assistant  assessors  of  taxes  and  other  per- 
sons holding  ofBce  under  appointment  made  by  appointed 
officers  or  heads  of  departments  of  said  city,  —  so  that 
the  section  as  amended  shall  read  as  follows  :  —  Section 
10.     No  person  who  holds  an  office  by  election  or  appoint- 
ment under  the  government  of  the  United  States,  of  the 
Commonwealth,  or  of  the  city  of  Boston,  except  justices 
of  the  peace,  officers  of  the  militia,   assistant  assessors  of 
taxes,  and  other  persons  holding  office  under  appointment 
made  by  appointed  officers  or  heads  of  departments  of  said 
city,  shall  be  appointed  registrar  or  assistant  registrar ; 
and  the  appointment  or  election  of  a  registrar  or  assistant 
registrar  to  any  such  office  and  his  acceptance  thereof, 
shall  be  deemed  to  be  a  resignation  of  his  office  of  regis- 
trar or  assistant  registrar. 

Section  4.     The  registrars   of  voters  of  the   city  of  i'):*rl*lre"\Jufted 
Boston  shall,  in  appointino;  or  designating  assistant  regis-  to  huid  evening 

.  '  ':'-  p  .  o  .®  />        •  1    si'ssions,  to  beof 

trars  to  hold  evenmg  sessions  in  the  various  wards  of  said  cuttereut  i.oiit- 
city  previous  to  the  annual  and  municipal  elections,  so  far  *''"  ^""  "■*' 
as  possible,  appoint  or  designate  for  each  ward  assistant 
registrars  of  different  political  parties. 

Approved  May  14,  1SS9. 


1032 


1889.  — Chapter  338. 


Woonsocket 
Street  Railway 
Company  of 
Woousockel, 
Rhode  lelaud, 
may  extend 
tracks  across 
the  state  line 
into  Blackstone. 


Provisos. 


(7Aft».338  ^^  ^^T  '^^  AUTHORIZE  THE  WOONSOCKET  STREET  RAILAVAY  COM- 
PANY OF  WOONSOCKET,  IN  THE  STATE  OF  RHODE  ISLAND,  TO 
EXTEND  ITS  TRACKS  ACROSS  THE  STATE  LINE  INTO  THE  TOWN  OF 
BLACKSTONE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  Woonsocket  Street  Railway  Company 
of  Woonsocket  in  the  state  of  Rhode  Island,  is  hereby 
authorized  to  extend  its  street  railway  tracks  across  the 
state  line  into  the  town  of  Blackstone  in  this  Common- 
wealth, with  power  to  construct,  maintain  and  operate  a 
street  railway  with  a  convenient  single  track  and  turnouts 
upon  and  over  such  of  the  streets  of  said  town  of  Black- 
stone  as  shall  be  from  time  to  time  fixed  and  determined 
by  the  selectmen  of  said  Blackstone  upon  the  petition  in 
writing  of  said  Woonsocket  Street  Railway  Company  filed 
with  the  town  clerk  of  said  town  ;  and  all  tracks  of  said 
railway  company  shall  be  laid  at  such  distance  from  the 
sidewalks  in  said  town  as  the  selectmen  shall,  in  their 
orders  fixing  the  route  of  said  railway,  determine  :  pro- 
vided, that  this  act  shall  not  take  effect  until  the  select- 
men of  said  town  of  Blackstone  shall,  by  their  vote,  have 
assented  thereto  ;  and  jyi^ovided,  that  at  any  time  after  the 
expiration  of  one  year  from  the  opening  for  use  of  said 
railway  or  any  part  thereof  in  any  highway  in  said  Black- 
stone in  which  the  same  may  be  located  as  hereinbefore 
provided,  the  selectmen  of  said  town  may  by  vote  deter- 
mine that  the  said  tracks  or  any  part  thereof  be  discon- 
tinued, and  thereupon  the  location  shall  be  deemed 
revoked,  and  such  portion  of  the  tracks  and  rails  of  said 
company  as  are  thus  ordered  discontinued  shall  forthwith 
be  taken  up  and  removed  by  said  railway  company.  If 
the  same  are  not  taken  up  and  removed  within  thirty  days 
after  such  vote  shall  have  been  passed  by  said  selectmen, 
they  shall  be  removed  by  the  commissioner  of  highways 
of  said  town,  and  the  said  streets  or  highways  shall  be 
repaired  by  him,  and  said  railway  company  shall  be  liable 
to  and  shall  pay  the  expense  so  incurred  by  said  commis- 
sioner of  highways ;  and  the  same  may  be  sued  for  and 
recovered  in  an  action  of  contract  in  the  name  of  the  town 
treasurer,  to  and  for  the  use  of  said  town. 

Section  2.  The  selectmen  of  said  town  shall  have 
power  at  all  times  to  make  such  regulations  as  to  the  rate 
of   speed   on  and  mode  of  use  of  the  tracks  within  the 


Subject  to  reg- 
ulations made 
by  the  selectmen 
of  Blackstone. 


1889.  — Chaptee  338.  1033 

limits  of  said  town  tis  the  public  convenience  and  safety 
may  require. 

Section  3.  Said  Woonsocket  Street  Railway  Company  To  put  streets 
shall  jnit  all  streets  and  highways  over  or  through  which  good  conduioD. 
they  shall  lay  any  tracks  in  as  good  condition  as  they 
were  before  the  same  were  laid,  and  they  shall  keep  and 
maintain  in  repair  such  portions  of  the  streets  and  high- 
ways as  shall  be  occupied  by  their  tracks,  and  shall  be 
liable  for  any  loss  or  injury  that  any  person  shall  sustain 
by  reason  of  any  carelessness,  neglect  or  misconduct  of 
its  agents  and  servants  in  the  management,  construction 
or  use  of  said  tracks  or  streets.  In  case  any  damage  shall  Damages. 
be  recovered  against  said  town  by  reason  of  any  such 
misconduct,  defect  or  want  of  repair,  said  Woonsocket 
Street  Railway  Company  shall  be  liable  to  pay  to  said 
town  any  sum  thus  recovered  against  it,  together  with  all 
costs  and  reasonable  expenditures  incurred  by  said  town 
in  the  defence  of  any  such  suit  or  suits  in  which  recovery 
may  be  had ;  and  said  company  shall  not  encumber  any 
portion  of  the  streets  or  highways  not  occupied  by  its 
tracks. 

Section  4.     If  said  Woonsocket  Street  Railway  Com-  Penalty  on  raii- 
pany,    or  its  agents  or  servants,    shall  wilfully  or  mali- Xuu^c'n^g  "  ^ 
ciously  obstruct  any  street  or  highway,  or  the  passing  of  ®"'^^^*- 
any  carriages  over  the  same,  said  company  shall  be  liable 
to  a  fine  not  exceeding  one  hundred  dollars. 

Section  5.     The  said  road  shall   be   constructed   and  {f/prcscMfbedby 
maintained  in  such  form  and  manner  and  upon  such  grade  the  selectmen. 
as  the  selectmen  of  said  town  of  Blackstone  may,  in  their 
vote  fixing  and  determining  the  route  thereof  as  aforesaid, 
prescribe  and  direct. 

Section  6.     Nothino- in  this  act  shall  be  construed  to  Not  to  prevent 

,    ,1  ij  '"i'-ii  J?  J.       •  J    selectmen  from 

prevent  the  selectmen  ot  said  town  irom  entermg  upon  and  taking  up  streets 
taking  up  any  of  the  public  streets  and  bridges  traversed  traterseFby 
by  said  railway  for  any  purpose  for  which  they  may  now  lai'way. 
lawfully  take  up  the  same. 

Section  7.      Said  Woonsocket  Street  Railway  Com-  Snbjectto^^^ 
pany  shall  be  subject  to  all  general  laws  w^hich  now  are  ^"""^ 
or  hereafter  may  be  in  force  relating  to  street  railways. 

Section  8.     This  act  shall  take  efiect  upon  its  passage. 

Aiiproved  May  14,  1SS9. 


1034 


1889.  —  Chapters  339,  340,  341. 


Salaries 
established. 


Chap. 


Trustees  may 
sell  certain 
real  estate 
in  Taunton. 


(7Acf?^.339  ^N  Act  to  establish  the  salaries  of  the    county    commis- 
sioners FOR  the  county  OF  BRISTOL. 

Be  it  enacted,  etc. ,  as  foUoivs : 

Section  1.  The  salaries  of  the  county  commissioners 
for  the  county  of  Bristol  shall  be  twenty-eight  hundred 
dollars  a  year,  to  be  so  allowed  from  the  first  day  of  April 
in  the  year  eighteen  hundred  and  eighty-nine. 

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

Approved  May  14,  1889. 

340  An  Act  to  authorize  the  trustees  of  the  taunton  lunatic 

HOSPITAL  TO  sell  CERTAIN   REAL  ESTATE. 

Be  it  enacted,  etc. ,  as  follows : 

The  trustees  of  the  state  lunatic  hospital  at  Taunton 
are  hereby  authorized  and  empow^ered  to  sell  and  convey 
in  fee  simple  and  free  from  all  trusts  the  lands  now  held 
by  them  as  trustees  as  aforesaid  which  were  conveyed  to 
them  as  said  trustees  by  Lydia  E.  Matteson,  on  the  nine- 
teenth day  of  May  in  the  year  eighteen  hundred  and 
eighty-five,  and  by  Abby  S.  Wheelwright,  on  the  seven- 
teenth day  of  April  in  the  year  eighteen  hundred  and 
seventy-one,  and  such  portions  of  the  lands  conveyed  to 
said  trustees  by  Emeline  Strange  and  Elias  Strange,  on 
the  fifth  day  of  June  in  the  year  eighteen  hundred  and 
eighty -two,  and  by  Emerson  C.  Strange,  on  the  twenty- 
first  day  of  May  in  the  year  eighteen  hundred  and  eighty- 
six,  as  lie  on  the  northerly  side  of  Danforth  street  in 
Taunton  ;  with  all  buildings  thereon,  excepting  such  por- 
tions thereof  as  have  been  taken  and  used  for  the  laying 
out  and  construction  of  a  highway  in  said  Taunton ;  and 
said  trustees  may  execute  a  deed  or  deeds,  signed  by  not 
less  than  three-fourths  of  their  number,  for  the  full  and 
effectual  conveyance  of  said  lands  hereby  authorized  to 
be  sold,  and  in  one  or  more  lots  as  may  seem  to  them 
best.  Any  sums  of  money  received  from  such  sale  or 
sales  shall  be  paid  into  the  treasury  of  the  Commonwealth. 

Approved  May  14,  1889. 

An  Act  to  authorize  the  town  of  wellesley  to  make  an 
additional  water  loan. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.  The  town  of  Wellesley,  for  the  purposes 
mentioned  in  section  five  of  chapter  one  hundred  and 


Chax>Ml 


Town  of  Wei 
lesley  may  make 


1889.  — Chapters  342,  343.  1035 

sixty-six  of  the  acts  of  the  year  eighteen    hundred  and  w"irer  ioan°^ 
eighty-three,  may  issue  bonds,  notes  or  scrip,  to  be  de- 
nominated on  the  face  thereof,  Wellesley  Water  Loan,  to 
an    amount   not  exceedins;  one  hundred  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  terras 
and  conditions  and  with  the  same  powers  as  are  provided 
in  said  act  for  the   issue  of  the  Wellesley  water  loan  by 
said    town  :  provided,  that    the  whole    amount  of  such  nofto''exce°ed"' 
bonds,  notes  or  scrip  issued  by  said  town,  together  with  §^'0,000. 
those  heretofore  issued  by  said  town  for  the  same  pur- 
poses, shall  not  in  any  event  exceed  the  amount  of  two 
hundred,  and  seventy-hve  thousand  dollars. 

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

Approved  May  14,  1889. 

An  Act  relating  to  investments  of  safe  deposit,  loan  and  (^7)fy,n  ^.19 

TRUST   COMPANIES.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.    No  incorporated  safe  deposit,  loan  or  trust  injostmentR of 

'■  •■,.  safe  deposit, 

company  shall  advance  money  or  credits  upon  notes  loan  and  trust 
secured  by  deed  of  trust  or  by  mortgage  upon  farms  or  '^°'"^'*°^®*- 
agricultural  or  unimproved  lands  situated  outside  of  this 
Commonwealth,  except  said  lands  be  in  the  New  England 
states  or  the  state  of  New  York,  nor  invest  in  or  make 
loans  upon  the  bonds  or  other  securities  of  any  company 
negotiatino'  or  dealino;  in  such  notes  so  secured  or  in  such 
mortgages.  Any  such  safe  deposit,  loan  or  trust  com- 
pany which  now  has  any  of  its  funds  so  invested  shall 
dispose  of  said  investments  on  or  before  the  thirty-first 
day  of  December  in  the  year  eighteen  hundred  and 
eighty-nine. 

"Section  2.     This  act  shall  take  effect  on  the  first  day  of  Ji^iyt.Ys^s.'" 
July  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  May  15,  1889. 


An  Act  in  further  addition  to  an   act  making  appropria-  /^/i/yj^  S4^ 

TIONS   FOR   EXPENSES   AUTHORIZED    THE     PRESENT  TEAR   AND   FOR 
certain   other  EXPENSES   AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  folloios: 

Sectiox  1.     The  sums  hereinafter  mentioned  are  appro-  Appropiiations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Connnon- 
wealth,    from   the   ordinary    revenue,    except   as    herein 


1036 


1889.  —  Chapter  343. 


Register  of 
probate,  etc.,  for 
Bristol  county. 


Journals  of  sen- 
ate and  houfe. 


Secretary  of 
civil  Bcrvice 
commission. 


Register  of  pro- 
bate, etc.,  for 
Worcester 
county. 


Judge  of  pro- 
bate, etc.,  for 
Bristol  county. 


Speedier  publi 
cation  of  the 
laws. 


Suffolk  savings 
bank. 


Hospital 
cottages  for 
children. 


provided,  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  clerical  assistance  in  the  oiSce  of  the  register  of 
probate  and  insolvency  for  the  county  of  Bristol,  a  sum 
not  exceeding  four  hundred  dollars,  as  authorized  by 
chapter  one  hundred  and  thirty- six  of  the  acts  of  the 
present  year. 

For  printing  and  binding  extra  copies  of  the  journals 
of  the  senate  and  house  of  representatives,  a  sum  not 
exceeding  one  thousand  dollars,  as. authorized  by  chapter 
one  hundred  and  fifty  of  the  acts  of  the  present  year. 

For  the  salary  of  the  secretary  of  the  civil  service  com- 
mission, the  sum  of  five  hundred  dollars,  as  authorized 
by  chapter  one  hundred  and  seventy-seven  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  clerical  assistance  in  the  oflice  of  the  register  of 
prol)ate  and  insolvency  for  the  county  of  Worcester,  a 
sum  not  exceeding  five  hundred  and  fifty  dollars,  as  au- 
thorized by  chapter  two  hundred  and  nine  of  the  acts  of 
the  present  year,  being  in  addition  to  the  amounts  hereto- 
fore appropriated. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Bristol,  the  sum  of  four  hundred  and 
sixteen  dollars  and  sixty-seven  cents,  as  authorized  by 
chapter  two  hundred  and  eleven  of  the  acts  of  the  present 
year,  being  in  addition  to  the  two  thousand  dollars  appro- 
priated l)y  chapter  seven  of  the  acts  of  the  present  year. 

For  expenses  in  connection  with  the  act  to  provide  for 
the  further  and  speedier  publication  of  the  laws,  as  pro- 
vided for  in  chapter  two  hundred  and  twelve  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  five  hundred  dollars. 
For  the  Suflblk  savings  bank,  in  accordance  with  a 
decree  of  the  supreme  judicial  court  for  refund  of  a  tax 
illegally  exacted  by  the  tax  commissioner,  including  in- 
terest and  costs,  a  sum  not  exceeding  one  hundred  and 
seventy-five  dollars. 

For  the  purchase  of  land  and  the  erection  of  buildings 
for  the  hospital  cottages  for  children  in  Baldwinsville,  a 
sum  not  exceeding  fifty-five  thousand  dollars,  as  authorized 
by  chapter  two  hundred  and  thirty  of  the  acts  of  the 
present  year. 


1889.  — Chapter  34:3.  1037 

For  the  salary  of  the  clerk  of  the  district  attorney  for  cieik  of  dis- 
Sufiblk    district,    the    sum    of    tive    hundred    dollars,    as  suffoik"di"trict. 
authorized  by  chajoter  two   hundred  and  thirty-eight  of 
the  acts   of  the    present  year,  being-  in  addition   to  the 
twelve  hundred  dollars  appropriated  by  chapter  seven  of 
the  acts  of  the  present  year. 

For  the  salary  of  the   district  attorney  for  the  middle  District  attorney 
district,   the   sum   of  two   hundred    and  fifty  dollars,  as  duili^t. 
authorized  by  chapter  two  hundred  and  fifty  of  the  acts  of 
the   present   year,  being   in    addition    to  the  twenty-one 
hundred  dollars  appropriated  by  chapter  seven  of  the  acts 
of  the  present  year. 

For  the  salary  of  the  judge  of  probate  and  insolvency  judeeof 
for  the  county  of  Middlesex,  the  sum  of  five   hundred  Mkidlltex"^"  °^ 
dollars,  as  authorized  by  chapter  two  hundred  and  fifty- <'°"°'y- 
one  of  the  acts  of  the  present  year,  being  in  addition  to 
the  thiity-five  hundred  dollars   appropriated   by  chapter 
seven  of  the  acts  of  the  present  year. 

For  printing  and  binding  the  remaining  copies  of  the  printing  and 
decennial  census,  as  authorized  by  chapter  thirty-eight  of  niai'cenBus*!'''^ 
the  resolves  of  the  year  eighteen  hundred  and  eighty-five, 
a   sum    not   exceeding    nineteen    thousand   five   hundred 
dollars. 

For  the  salary  and  expenses  of  the  fire  marshal  of  ^the  Fire  marshal 
city  of  Boston,  the  sum  of  eight  thousand  eight  hundred  Bosto^u!"^  ° 
and  sixty-two  dollars  and  forty-five  cents,  which  amount 
is  payable  to  the  treasurer  of  the  city  of  Boston,  as 
provided  for  in  section  six,  chapter  three  hundred  and 
fifty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six. 

For  expenses  in  connection  with  taking  evidence  given  inquests  on 
at  inquests  on  deaths  by  accidents  upon  steam  and  street  acdden^s^upon 
railroads,  a  sum  not  exceeding  two  thousand  dollars,  as  rai'^oads. 
provided  for  in  chapter  three  hundred  and  sixty-five   of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
and  chapter  one  hundred  and  fifty-four  of  the  acts  of  the 
present  year. 

For  arranging  and  indexing  the  probate  records  of  the  Probate  records 
county  of  Hampshire,  a  sum  not  exceeding  four  hundred  couut'y"'"'  ""^ 
and  fifty  dollars,  as  authorized  l)y  chapter  two  hundred 
and  sixty-two  of  the  acts  of  the  present  year. 

For  authorized  expenses  of  committees  of  the   present  Expenses  of 

,       .    -  •       1      1  1       •       1  •  -ij.  committees. 

legislature,   to   mclude  clerical  assistance  to .  committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  live 


1038 


1889.  — Chapter  343. 


plans  for 
enlargement  of 
the  state  house. 


SamuelHillman. 


David  J.  Lantz. 


Lyman  school 
for  boys. 


Taunton  luna- 
tic hospital. 


Lyman  school 
for  boys. 


Jane  Par  lis. 


Normal  school 
at  Salem. 


.Limes  K.  Beede. 
William  B. 
Potter. 
Wallace  P. 
Balcom. 


Report  of  com- 
missioners on 
grade  crossings. 


thousand  dollars,  being  in  addition  to  the  fifteen  thousand 
dollars  appropriated  by  chapter  three  of  the  acts  of  the 
present  year. 

To  enable  the  governor  and  council  to  procure  and 
report  a  perfected  plan  for  the  better  accommodation  of 
the  state  oovernmcnt,  also  reliable  estimates  of  the  cost  of 
construction  of  a  building  in  accordance  with  said  plan,  a 
sum  not  exceeding  twenty-five  hundred  dollars,  as  author- 
ized by  chapter  thirty-eight  of  the  resolves  of  the  present 
year. 

For  Samuel  Hillman,  the  sum  of  two  hundred  dollars, 
as  authorized  by  chapter  thirty-nine  of  the  resolves  of  the 
present  year. 

For  David  J.  Lantz,  the  sum  of  two  hundred  and  fifty- 
nine  dollars  and  seventy-one  cents,  as  authorized  by  chap- 
ter forty  of  the  resolves  of  the  present  year,  which  sum 
is  payable  from  the  bounty  loan  sinking  fund. 

For  the  purchase  of  land  and  for  repairs  to  the  build- 
ings on  the  same  at  the  Lyman  school  for  boys,  a  sum 
not  exceeding  ten  thousand  dollars,  as  authorized  by 
chapter  forty-tAvo  of  the  resolves  of  the  present  year. 

For  certain  changes  and  improvements  at  the  Taunton 
lunatic  hospital,  a  sum  not  exceeding  sixteen  thousand 
dollars,  as  authorized  by  chapter  forty-three  of  the 
resolves  of  the  present  .year. 

For  the  payment  of  certain  bills  incurred  in  excess  of 
appropriations  therefor  at  the  Lyman  school  for  boys,  the 
sum  of  two  thousand  and  thirty-three  dollars  and  twenty- 
one  cents,  as  authorized  by  chapter  forty-five  of  the 
resolves  of  the  present  year. 

For  Jane  Parks  of  Cambridge,  the  sura  of  two  hundred 
dollars,  as  authorized  by  chapter  forty-six  of  the  resolves 
of  the  present  year. 

For  certain  repairs  and  improvements  at  the  state  nor- 
mal school  at  Salem,  the  sum  of  nineteen  hundred  and 
seventy  dollars,  as  authorized  by  chapter  forty-seven  of 
the  resolves  of  the  present  year. 

For  James  K.  Beede,  the  sum  of  one  hundred  dollars ; 
for  William  B.  Potter,  the  sum  of  one  hundred  dollars  ; 
for  Wallace  P.  Balcom,  the  sum  of  one  hundred  dollars, 
as  authorized  by  chapter  forty-eight  of  the  resolves  of  the 
present  year. 

For  printing  three  thousand  extra  copies  of  the  report 
of  the   commissioners   on   grade    crossings,    a   sum    not 


ecords 
ishes, 


1889.  — Chapter  34:3.  1039 

exceeding  twenty-seven  hundred  and  fifty  doUurs,  as 
authorized  by  chapter  forty-nine  of  the  resolves  of  the 
present  year. 

For  printing  twenty-five  hundred  copies  of  the  report  ^f'^^^^\^l 
of  the  commissioner  of  public  records  of  parishes,  towns  towns  and 
and  counties,  a  sum  not  exceeding  twenty-three  hundred  '^°"" '*"'■ 
dollars,  as  authorized  by  chapter  fifty  of  the  resolves  of 
the  present  year. 

For  the  New  England  industrial  school  for  deaf  mutes,  ituiustimi 
the  sum  of  two  thousand  dollars,  as  authorized  by  chapter  mutTs.  ""^ 
fifty-one  of  the  resolves  of  the  present  year. 

For  Patrick  M.  Drumraey,  the  sum  of  two  hundred  dol-  P"'"'^''  ^• 
lars,  as  authorized  by  chapter  fifty-two  of  the  resolves  of 
the  present  year. 

For  Henry  J.  Coolidge,  the  sum  of  fifteen  hundred  and  cooiid'l' 
ninety-one  dollars  and  forty  cents,  as  authorized  by  chap- 
ter fifty-three  of  the  resolves  of  the  present  year. 

For  printing  fifteen  hundred  copies  of  the  report  of  the  Board  of  aibi- 
state  board  of  arbitration,  the  sum  of  two  hundred  and  six  '^'■''^'°°* 
dollars  and  fifty-three  cents,  as  authorized  by  chapter  fifty- 
five  of  the  resolves  of  the  present  year. 

For  the  Gettysburg  battlefield  memorial  association,  a  Gettysburg 
sum  not  exceeding  five  hundred  dollars,  as  authorized  by  mo"ia?a8'iocfa'- 
chapter  fifty-six  of' the  resolves  of  the  present  year.  ''°°" 

For  Barney  McCabe,  the  sum  of  four  hundred  and  six-  Barney McCabc. 
teen  dollars  and  twenty-five  cents,  as  authorized  by  chap- 
ter fifty-nine  of  the  resolves  of  the  present  year,  being  for 
bounty  and  interest  on  the  same,  which  sum  is  payable 
from  the  bounty  loan  sinking  fund. 

To  provide  an  additional  building  at  the  soldiers'  home  soidic-s'  home 
at  Chelsea,  a  sum  not  exceeding  fifty  thousand  dollars,  as  ^' ^'^*''*''''*- 
authorized  by  chapter  sixty  of  the  resolves  of  the  present 
year. 

For  the  enlarijement  of  the  yard  and  the  construction  of  ^I'i,"  ''''^°" 

.      .  ~  ./  at  Boston. 

a  new  buildmg  at  the  state  prison  at  Boston,  a  sum  not 
exceeding  thirty-five  thousand  dollars,  as  authorized  by 
chapter  sixty-two  of  the  resolves  of  the  present  year. 

For  a  new  building  at  the  agricultural  experiment  station  Agricultural 
at  Amherst,  a  sum  not  exceeding  ten  thousand  dollars,  as  Btiuo"'!'""' 
authorized  by  chapter  sixty-three  of  the  resolves  of  the 
present  year. 

For  the  town  of  Walpole,  the  sum  of  two  hundred  and  poT;"',^^ '^"'• 
thirty-five  dollars,  and  for  the  town  of  Bridge  water,  two  Bridgewater. 
hundred  and  sixty-five  dollars,  as  authorized  by  chapter 
sixty-four  of  the  resolves  of  the  present  year. 


104:0 


1889.  — Chapters  344,  345. 


Lewi'sHayden.  •^^^^'  ^^®  widow  of  Lewis  Haydeii,  the  sum  of  six  hun- 
dred and  fifty-seven  dollars  and  fifty  cents,  as  authorized 
by  chapter  sixty-six  of  the  resolves  of  the  present  year. 
fn  tilrM^dl'^"''^  For  the  payment  of  claims  of  certain  settlers  occupying 
waska  territory.  ]ands  iu  the  Madawaska  territory  afl:ected  by  the  treaty  of 
Washington,  the  sum  of  fifteen  hundred  dollars  and  fifty 
cents,  as  provided  for  in  chapter  sixty-seven  of  the  resolves 
of  the  present  year. 

For  surveying  lands  of  the  Commonwealth  at  the  reform- 
atory prison  for  women,  a  sum  not  exceeding  one  hundred 
and  fifty  dollars,  as  authorized  by  chapter  sixty-nine  of 
the  resolves  of  the  present  year. 

For  the  construction  of  a  buildinsf  to  be  used  as  a  school 
room  at  the  state  prison  in  Boston,  a  sum  not  exceeding 
two  thousand  dollars,  as  authorized  by  chapter  seventy  of 
the  resolves  of  the  present  year. 

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

Approved  May  15,  1889. 


Surveying  lands 
at  prison  for 
women. 


School  room  at 
state  prison. 


(7Aa».344  An   act  to   provide  for   the   transfer  of   liquor  licenses 

FROM   ONE   LOCALITY   TO   ANOTHER  IN   A   CITIT   OR   TOWN. 


Transfer  of 
licenses  from 
one  location  to 
another  in  the 
same  cily  or 
town,  to 
the  original 
licensee. 


Be  it  enacted,  etc.,  as  foUotus: 

Section  1.  Licensing  boards  may  transfer  licenses  for 
the  sale  of  intoxicating  liquor  from  one  location  to  another 
within  the  city  or  town  in  which  such  licenses  are  in  force  ; 
but  such  permission  shall  be  granted  only  to  the  original 
licensee,  and  like  notice  shall  be  given  and  the  same  pro- 
visions shall  apply  and  other  proceedings  shall  be  had  as 
are  required  by  law  upon  the  granting  of  licenses,  except 
that  no  new  license  fee  shall  be  required. 

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

Approved  May  15^  1889. 


Ch(ip.^4iO  An  Act  to  authorize  the  providence  and  Worcester  rail- 
road COMPANY  TO  LEASE  ITS  RAILROADS,  PROPERTY  AND  FRAN- 
CHISES TO  THE  NEW  YORK,  PROVIDENCE  AND  BOSTON  RAILROAD 
COMPANY. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  Providence  and  Worcester  Railroad 


Providence  and 
Worcester 

be^'ieased'to^the  Compauy  may  lease  its  railroads,  property  and  franchises 
New  vork,        to  the  Ncw  York,  Providence  and  Boston  Railroad  Com- 

Providence  and  .  -,  ,  ,  ,  ,.    . 

Boston  Railroad  pauy  111  such  manlier  and  upon  such  terms  and  conditions 
Company.         ^^  ^^^^  provided  by  the  general  laws  of  the  Commonwealth 


1889.  —  Chapters  3^6,  317.  10J:1 

for  the  leasing  of  railroads  ;  and  the  New  York,  Provi- 
dence and  Boston  Eaih'oad  Company  may  accept  the  same 
and  hold  and  use  said  demised  railroads,  property  and 
franchises  in  accordance  with  the  terms  and  conditions  of 
said  lease  ;  but  the  lessee  shall  not  transfer  or  part  with  J;.^ng^fe??oad 
the  possession  or  control  of  the  leased  road  by  consolida-  without  consent 

'■  .  .   ,  1  /»     1        1       •    1    J  !•  o^  legislature. 

tion  or  otherwise  without  the  consent  or  the  legislature  ot 
Massachusetts. 

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

Ajiproved  May  16,  1889. 

An  Act  to  confirm  the  acts  of  the  acting  city  clerk  and  rjJirnj  346 

CITY   treasurer   OF   THE   CITY   OF    WOBURN. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  All  the  acts  and  doings  of  David  F.  More-  Acts  and  doings 
land,  acting  city  clerk,  and  John  C.  Buck,  acting  city  '=°"*^'™^ 
treasurer,  of  the  city  of  Woburn,  from  and  after  the  time 
of  their  election  and  qualification  on  the  seventh  day  of 
January  to  the  first  Monday  of  February  in  the  year 
eighteen  hundred  and  eighty-nine,  shall  have  the  same 
force  and  effect  as  if  it  had  been  provided  in  section  eight- 
een of  chapter  three  hundred  and  seventy-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-eight  that  they 
should  hold  oiBce  from  the  time  of  their  election  and 
qualification. 

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

Approved  May  21, 1889. 

An  Act  to  prohibit   the  sale   of   intoxicating  liquor  on  z^/,^^^  oAn 

labor  day.  ■^' 

Be  it  enacted,  etc.,  as  follows : 

Section  one  of  chapter  two  hundred  and  fifty-four  of  ^ai^  of  intoxi- 

/>!  •!  Ill  I'l  •!        eating  liquors 

the  acts  ot  the  year  eighteen   hundred    and   eiohty-eight  by  common 
is  hereby  amended  by  adding  after  the  words  "  Memorial  prohibited  on 
day  "  the  words  :  —  or  on  Labor  day,  —  so  that  the  section  '^'^"'"°  '^'^^'^' 
as  amended  shall  read    as    follows:  —  Section    1.     Any 
common  victualler  having  a  license  to    sell    intoxicating 
liquors  under  either  of  the  first  three  classes  of  section  ten 
of  chapter  one  hundred  of  the  Public  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 
May,  commonly  called  Memorial  day,  or  on  La])or  day,  or 
Thanksgiving  day,  or  on  the  twenty-fifth  day  of  Decern- 


1012  1889.  — Chapters  318,  349,  350. 

ber,  commonly  called  Christmas  day,  or  on  the  twent}^- 
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. 

Approved  May  21,  1889. 

Ch(ip.34:S  ^^  ^^'^  ^^  ADDITION  TO  AN  ACT  TO  AUTHORIZE  THE  NEW  YORK 
AND  NEW  ENGLAND  RAILROAD  COMPANY  TO  MORTGAGE  CERTAIN 
OF  ITS  TERMINAL  LANDS  IN  THE  CITY  OF  BOSTON,  AND  IN  RELA- 
TION TO  THE  PURCHASE  OF  SUCH  LANDS  FROM  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  foUoios : 

and'nole^8°°'^'         Section  1 .     Bouds  issucd  by  the  New  York  and  New 
deemed  to  be     Eno'land  Raili'oad  Company  for  the  payment  of  which  first 

loans  on  real  •~  -  -ii'ii  ii  i 

estate,  and  mortgagcs  made  as  provided  m  chapter  three  hundred  and 
estate^  ^^^^^  ouc  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight  are  held  as  collateral  security,  and  also  the  mortgage 
notes  so  held  as  collateral  security,  shall,  for  the  purposes 
of  taxation,  and  for  the  purpose  of  exemption  of  deposits 
in  savings  banks  and  institutions  for  savings  from  taxation, 
be  deemed  to  be  a  loan  on  mortgage  of  real  estate,  and 
taxable  as  real  estate,  as  provided  in  chapter  eleven  of  the 
Public  Statutes,  and  not  taxable  otherwise. 

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

Apj^roved  May  21,  1889. 

Chcip.S^Q  An  Act  to  establish   the   salary   of  the  paying  teller  in 

THE   office   of   THE   TREASURER   OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  follows  : 

ishe'd^^'""''  Section  1.     The  salary  of   the  paying  teller  in    the 

office  of  the  treasurer  of  the  Commonwealth  shall  be  four- 
teen hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  January  in  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Approved  May  21,  1889. 

CJlQV.S^O  ^^  -^^^  '^'^  AUTHORIZE  THE  COUNTY  COMMISSIONERS  OF  THE 
COUNTY  OF  HAMPDEN  TO  LAY  OUT  A  HIGHWAY  AND  CONSTRUCT 
A  BRIDGE  ACROSS  THE  CONNECTICUT  RIVER  BETWEEN  HOLYOKE 
AND   CHICOPEE. 

Be  it  enacted,  etc.,  as  follows: 
Commissioners        Section  1.     Tlic  couuty  commissioncrs  of  the  county 
county  may  lay   of  Hampden  are  hereby  authorized  and  required  within 


1889.  — Chapter  350.  10^:3 

two  3'ears  from  the  passage  of  this  act  to  lay  out  a  public  out  highway 
highway  and  construct  a  bridge,  Avith  suitable  approaches,  bridge  across 
across  the  Connecticut  river  between  the  city  of  Holyoke  river'ile'^tween 
and  that  part  of  the  town  of  Chicopee  known  as  Willi-  chicopJe?"'' 
mansett,  from  the  point  of  intersection  of  the  centre  line 
of  Cal)ot  street  with  the  centre  line  of  Canal  street  in  said 
Holyoke  to  a  point  in  said  Willimansett  not  more  than 
two  hundred  and  fifty  feet  southerly  from  bridge  of  the 
Connecticut  River  Kailroad  Company. 

Section  2.     All  expenses  incurred  under  this  act,  in-  Expenses  to  be 
eluding  all  expenses  of  maintaining  and  keeping  in  repair  ofViampde°n°*^ 
said  bridge  when  completed,  shall  be  borne  and  paid  by  rowurihe'?eia. 
the  said  county  of  Hampden  and  such  towns  in  said  county 
in  such  proportion  and  in  such  manner  as  shall  be  deter- 
mined under  the  following  provisions. 

Sectiox  3.     When  such  highway  and  bridge  and  ap- upon  compie- 
proaches  are  completed,  and  as  soon  as  their  full  cost  is  etc"  apponfon- 
ascertained,  said  county  commissioners  shall  file  their  re-  "J'made'by' ^° 
portof  the  facts,  together  with  the  amount  of  such  expenses,  commissioners. 
in  the  office  of  the  clerk  of  the  supreme  judicial  court  for 
said  county,  whereupon  and  upon  the  application  of  said 
county  commissioners  or  any  party  interested,  and  after 
such  notice  as  said  court  may  order,  said  court  shall  ap- 
point a  board  of  three  commissioners  who  shall  be  sworn 
to  the  faithful   discharge   of  their  duties   hereunder,  and 
who,  after  proper  notice  to  and  a  full  hearing  of  all  the 
parties  interested,  shall  award  and  determine   what  pro- 
portional part  of  the  cost  of  said  bridge,  and  what  pro- 
portional amount  of  all  expenses  of  keeping  in  repair  said 
bridge,  and  all  other  expenses  incurred  under  this   act, 
shall  be  borne  and  paid  by  said  county  and  by  such  towns 
or  cities  in  said  county  as  they,  the  said  commissioners, 
shall  award  and  determine  will  be  specially  benefited  by 
said  bridge,  and  they  shall  also  award  and  determine  how, 
by  and  to  whom  such  proportional  amounts  shall  be  paid. 

Section    4.     The    determination    and    award    of    said  ^i^';7o1iersTo"be 
commissioners  appointed  as  aforesaid,  or  the  maioritv  of  "''"•'^ '"  "^'"'"s 

,  1      11   1  1  •  J  J  to  supreme 

them,  shall  be  then  reported  m  Avriting  to  the  said  supreme  judicial  court. 
judicial  court,  and  upon  acceptance  by  said  court  and  judg- 
ment and  decree  thereon,  shall  be  binding  upon  all  parties 
named  therein,  and  such  proceedings  may  be  had  upon 
such  judgment  or  decree  to  enforce  and  carry  into  effect 
the  same  as  is  provided  by  law  in  civil  cases  in  said  court   £T'v^'f!!il?  f 

,1-  'I  and  expenses  oi 

Compensation  and  expenses  of  said  commissioners  shall  be  commissioners. 


lOM  1889.  — Chapter  351. 

paid  in  such  manner  as  they  shall  determine,  subject  to 
the  approval  of  said  court. 
^ionersraayuke  Section  5.  If  for  the  purposc  of  laying  out  said 
lands,  etc.  public  highway  and  constructing  said  bridge,  with  suitable 
approaches  thereto,  the  county  commissioners  of  said 
county  of  Hampden  deem  it  necessary  to  take  and  appro-: 
priate  and  use  the  lands  and  property  of  private  owners 
and  any  of  the  property  and  materials  in  the  superstruc- 
ture of  the  old  bridge  between  Holyoke  and  South  Hadley, 
after  the  same  shall  have  been  rebuilt  in  accordance  with 
the  provisions  of  chapter  three  hundred  and  nineteen  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 
said  county  commissioners  are  hereby  authorized  to  enter 
upon,  take,  appropriate  and  use  such  lands,  property  and 
materials. 
Ski^g^rand°8^  Section  G.     Said  county  commissioners  shall  estimate 

«''=•  and  determine  all  damages  that  may  be  sustained  by  any 

party  or  parties  by  the  taking,  appropriating  and  using  of 
land,  property  and  materials  as  aforesaid  ;  but  any  party 
aggrieved  by  such  determination  of  said  county  commis- 
sioners may  have  their  damages  assessed  by  a  jury  in  the 
same  manner  as  is  provided  by  law  with  respect  to  damages 
sustained  by  reason  of  the  laying  out  of  ways. 
doners  may'"'^'  Section  7.  Said  couuty  commissioners  are  hereby 
borrow  money,  authorized  to  borrow  upon  the  credit  of  said  county  such 
sums  as  may  be  necessary  for  carrying  into  effect  the  pro- 
visions of  this  act. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  1889. 

ChCip.351   ^^   ^^'^   "^O   KSTABLISH   THE   SALAKY   OF   THE     CHIEF     EXAMINER     OF 

THE   CIVIL   SERVICE    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 
sai^arj' estab-  Sectiox  1.     Thc  sahiiy  of  the  chief  examiner  of  the 

civil  service  commission,  beginning  with  the  first  day  of 
January  in  the  year  eighteen  hundred  and  eighty-nine, 
shall  be  three  thousand  dollars  a  year. 

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

Approved  May  21,  1889. 


1889.  —  Chapters  352,  353.  104:5 


An  Act   placing   engineers   and   otheks   having   charge   of  (J/icin.352 

STEAM   BOILERS   IN   SCHOOL   BUILDINGS    IN    THE     CITY     OF     BOSTON 
UNDER   CIVIL   SERVICE   RULES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Eno-ineers,  janitors  and  all  persons  having  ceituiu  ongi- 
charge  of  steam  boilers  and  furnaces  in  the  school  build-  tors  lu  Bostou 
ings  in  the  city  of  Boston  shall  be  classified  and  appointed  c\viu''ei-vicf' 
pursuant  to  the  provisions  of  chapter  three  hundred  and  '"''*'*• 
twenty  of   the    acts    of  the    year    eighteen    hundred    and 
eighty-four,  entitled,  An  Act  to  improve  the  civil  service 
of  the  Commonwealth  and  the  cities  thereof,  and  the  rules 
of  the  civil  service  commissioners  made  and  established 
thereunder. 

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

AjJjyroved  May  21,  1889. 


An  Act  to  authorize  the  city  of  somerville  to  establish  a  fii.^.^^  qrq 

HIGH   water   service   and   to   issue   ADDITIONAL   WATER    BONDS.  ^  '' 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.     The  city  of  Somerville,  for  the  purpose  of  May  establish 

1     •  •  1      •  11        •     1      1   •  1  /•        •    1  a  hish  water 

supplying  said  city  and  the  inhabitants  thereof  with  water  service. 
for   the    extinguishment    of  tires,  and    for    domestic   and 
other  purposes,  is  hereby  authorized  to  lay,  construct  and 
maintain  within  the  limits  of  said  city  such  pipes,  aque- 
ducts, and  stand-pipes,  engine  houses  or  other  structures 
or  works,  in  connection  with  its  system  of  water  supply 
and  the  water  supply  furnished  to  said  city  by  the  city  of 
Boston,  as  may  be  requisite  for  the  purpose  of  establish- 
ing and  maintaining  high  water  service  in  any  part  or  parts 
of  said  city  deemed  advisable  by  the  city  council ;  and  for 
such  purpose  may  at  any  time  within  five  years  from  the  May  take  lands. 
passage  of  this  act,  by  vote  of  its  city  council,  take  and  wuhh'tive  "™'' 
hold  by  purchase  or  otherwise  any  lands  and  buildings  y®"'®- 
thereon,  rights  of  way  and  easements  necessary  for  said 
purpose. 

Section  2.     Said  city  shall  within    sixty    days    after  to  cause  to  be 

J     I  •  111'iT  •     ^  J-  c  i.        recorded  in  the 

taking  any  lands,  buildings,  rights  oi  way  or  easements,  registry  of  deeds 
as  herein  provided,  otherwise  than  by  purchase,  for  the  l^ie'^ia'iJd'eT".,"^ 
purposes  of  this  act,  file  and  cause  to  l)e  recorded  in  the  ^"'^«"- 
registry  of  deeds  for  the  county  of  INIiddlesex,  southern 
district,  a   description    thereof    sufHciently    accurate     for 
identification,  with  a  statement  that  the   same    is    taken 


1046 


1889.  — Chapter  353. 


Liability  for 
daniMges. 


City  may  make 
teuder  for  dam- 
ages or  pay 
money  into 
court. 


Powers  to  be 
exercised  by 
city  by  such 
agents  as  it  may 
appoint. 


pursuant  to  the  provisions  of  this  act,  which  statement 
shall  be  signed  by  the  mayor  of  said  city,  and  the  title  of 
all  land  so  taken  shall  vest  in  the  city  of  Somerville. 

Section  3.  Said  city  shall  be  liable  to  pay  all  damages 
sustained  in  property  by  any  persons  or  corporations  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.  If  any  person  or  corporation  sustaining  dam- 
ages as  aforesaid  under  this  act  does  not  agree  with  said 
city  upon  the  amount  of  said  damages,  he  may  within  two 
years  from  such  taking,  and  not  afterwards,  apply  by 
petition  for  an  assessment  of  the  damages  to  the  superior 
court  for  the  county  of  Middlesex;  and  thereupon,  after 
such  notice  as  said  court  shall  order  to  the  said  city,  a 
trial  shall  be  had  at  the  bar  of  said  court  in  the  same 
manner  as  other  civil  cases  are  there  tried  by  jury.  If 
the  city  council  of  said  city,  at  the  time  of  the  taking  of 
any  land,  right  or  easement  as  aforesaid,  shall  have  made 
an  award  of  the  amount  of  damages  sustained  by  the  peti- 
tioner, he  shall  recover  his  costs  if  upon  the  trial  damages 
are  increased  beyond  the  award  ;  otherwise  the  petitioner 
shall  pay  costs,  and  such  costs  shall  be  taxed  as  in  civil 
cases.  Said  petition  may  be  filed  at  any  time  within  said 
two  years  in  the  office  of  the  clerk  of  said  court. 

Section  4.  In  every  case  of  a  petition  to  the  superior 
court  for  an  assessment  of  damages  as  provided  in  this  act, 
the  said  city  ma}^  tender  to  the  petitioner  or  his  attorney 
any  sum,  or  may  liring  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  offer  to  be 
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. 

Section  5.  All  the  rights,  powers  and  authority  given 
to  the  city  of  Somerville  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, 
officers  and  servants  as  the  city  council  shall  from  time  to 
time  ordain,  direct  and  appoint. 


1889.  —  Chapter  353.  1047 

SECTioisr  6.     For  the  purpose  of  payino-  for  the  lands,  somerviiie 

•     1  .  ^  1       Vl^t  \}  'i  1  •       Water  Loan. 

rights   or   easements    and    settling   the    damages    herein 
referred  to,  and  for  providing  means  for  the  further  exten- 
sion and  improvement  of  the  water  works  of  said   city 
from  time  to  time,  and  for  the  purposes  mentioned  in  sec- 
tion one  of  chapter  two  hundred  and  two  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-eight,  and  generally 
for  all  purposes  mentioned  or  referred  to  in  this  act,  the 
city  of  Somerville  is  hereby  authorized  to  issue  from  time 
to  time  as  a  Avater  debt,  in  addition  to  what  it  is  already 
authorized  by  law  to  issue,  notes,  scrip  or  bonds,  to  be 
denominated  on  the  face  thereof,  Somerville  Water  Loan, 
to  an  amount  not  exceeding  two  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  thirty  years  from  the  issuing  of 
such  scrip  or  bonds  respectively ;  and  said  city  may  sell 
said  notes,  bonds  or  scrip,  or  any  part  thereof,  from  time 
to  time,  or  use  the  same  in  })ayinent  of  del)ts  incurred  for 
said  purposes,  upon  such  terms  and  conditions  as  it  may 
deem  proper,  provided  that  said  notes,  bonds  and  scrip 
shall  not  be  sold  at  less  than  par.     The  said  city  at  the 
time  of  authorizing  said  loan  or  any  part  thereof  shall  bi"prolidedf '° 
provide  for  the  payment  thereof  in  such  annual  propor- 
tionate pa^^ments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed,  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  the  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  Statutes.     The  said  city  is 
hereby  authorized  to  raise  by  taxation  from  time  to  time 
any  part  of  said  two  hundred  thousand  dollars ;  but  this 
provision  shall  not  exempt  the  said  city  from  the  provisions 
of  section  one  of  chapter  three  hundred  and  twelve  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-five.       The 
words  "  said  city"  wherever  used  in  this  act  shall  refer  to 
and  mean  the  said  city  of  Somerville. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  1889. 


1048 


1889.  —  Chapter  354. 


Chap.^54: 


Commissioners 
may  lease 
'J'ishiiry  great 
pond. 


Proviso. 


Hearing  to 
be  had. 


Towns  may 
take  lease. 


Limits  of  pond 
to  be  fixed  and 
recorded. 


Commissioners 
to  have  custody 
of  leases. 


An  Act  to  authorize  the  leasing  of  tisbury  great  pond. 
Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  commissioners  on  inland  fisheries  or 
any  two  of  them  may  in  the  name  of  the  Commonwealth 
lease,  for  a  term  not  exceeding  eleven  years,  the  pond 
known  as  and  called  Tisbury  great  pond,  in  the  county 
of  Dukes  county,  and  any  of  the  arms,  coves  and  bays 
connected  therewith,  for  the  purpose  of  cultivating  useful 
fishes,  for  such  periods  of  time  and  on  such  terms  and 
conditions  as  may  seem  to  them  most  for  the  public  good  : 
provided,  that  nothing  herein  shall  impair  or  abridge  the 
right  of  any  citizen  of  the  Commonwealth  to  take  tish  in 
said  pond  or  the  waters  connected  therewith,  by  hook 
and  line,  at  such  times  and  under  such  restrictions  and 
limitations  as  are  permitted  under  any  laws  of  the  Com- 
monwealth now"  or  hereafter  to  be  enacted  relating  to  the 
taking  of  fish  by  hook  and  line. 

Section  2.  Before  makino;  such  lease  the  commis- 
sioners  shall  appoint  a  time  and  place  for  a  hearing  upon 
the  application  therefor,  and  shall  give  notice  thereof  to 
all  the  towns  within  whose  limits  any  part  of  said  pond 
lies. 

Section  3.  Towns  -within  whose  limits  any  part  of 
said  pond  lies  may,  for  the  purpose  of  cultivating  useful 
fishes  and  under  such  conditions  and  restrictions  as  they 
may  prescribe,  take  a  lease  of  said  pond  and  appropriate 
money  therefor. 

Section  4.  The  commissioners  may  fix  the  limits  of 
the  said  pond,  and  the  arms,  coves  and  bays  connected 
therewith  ;  which  limits,  being  recorded  in  the  registry 
of  deeds  for  said  county,  shall  be  taken  to  be  the  legal 
limits  thereof  for  all  the  purposes  of  this  act. 

Section  5.  The  commissioners  shall  have  the  custody 
of  all  such  leases,  and  may  cause  any  agreements,  rights, 
reservations,  forfeitures  and  conditions  therein  contained 
to  be  enforced,  and  for  that  purpose  may  institute  pro- 
ceedings in  the  name  of  the  Conmion wealth,  and  may 
take  possession  of  any  premises  for  breach  of  condition 
of  such  lease,  and  after  revesting  the  Commonwealth 
therewith  may  again  lease  the  same. 

Section  6.     This  act  shall  take  efiect  upon  its  passage. 

Approved  May  21,  1889. 


1889.  — Chapters  355,  356.  1049 


An  Act  to  incorporate  the  new  England  electric  exchange.  (JJicn),^^^ 
Be  it  enacted,  etc.^  as  folloics: 

Section  1.     Phoebus  H.  Alexander,  Henry  B.  Cram,  New  Engird 
Robert  Aniory,  Frank   Ricllon,   George    W.    Davenport,  change?incm-. 
Warren    S.    Hill,    their    associates    and    successors,  are  p'"''*'^''- 
hereby    made    a    corporation    by  the    name   of  the    New 
England    Electric    Exchange,    tor    the    purpose    of    the 
general    promotion  of  electrical  business,  and  especially 
in  the    direction  of  securing  perfection  in    electric  light 
and  electric  power  installations,  and  in  harmonizing  and 
adjusting    so  far  as  possible  the   differences   which  may 
arise   between    various    electrical   interests ;  with    all   the 
powers  and  privileges  and  subject  to  all  the  duties  and  j^^^"*""*^ 
liabilities  set  forth  in  all  general  laws  which  now  are  or 
hereafter  may  be  in  force  concerning  such  corporations  : 
2)vovkled,  that  nothing  in  this  act  contained  shall  be  con-  Proviso. 
strued  to  authorize  said  corporation  to  traffic  in    goods, 
wares  or  merchandise  of  any  description. 

Section  2.     Said  corporation  may  hold  real  and  per- Real  and  per- 
sonal   estate  to  an  amount    not    exceeding   one  hundred  ^'^'^'^ 
thousand  dollars,  to  be  devoted  exclusively  to  the  pur- 
poses of  said  corporation. 

Section  3.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  May  21,  1889. 

An  Act  permitting  accident  insurance  companies  to  insure,  (J/iap.^5Q 

UNDER   CERTAIN    CONDITIONS,   THE    LIABILITY   OF    EMPLOYERS   FOR 
INJURIES   RECEIVED  BY   PERSONS   IN   THEIR   EMPLOY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighty  of  chapter   two    hundred  f^.^'J^'co"', paries 
and  fourteen  of  the  acts  of  the  year  eiahteen  hundred  and  m^iy  'n^u/e 

•     1  •       1  1  11  """  1  i-    11  afjai list  the 

eighty-seven  is  hereby  amended  so  as  to  read  as  follows  :  liability  of 
—  Section  80.     No  foreign  insurance  compan}' hereafter  fnlurl'/s^o  their 
admitted   to  do  business  in  the  Commonwealth  shall  be  employees. 
authorized  to   transact   more  than    one    class  or  kind  of 
insurance   therein.     But  any  company,  domestic  or  for- 
eisfn,  eno:a2;ed  in  this  Commonwealth  in  the  business  of 
insuring  against  bodily  injury  or  death  by  accident  may 
in    connection    therewith    also  engage  in  the  business  of 
insuring  against  the  liability  of  employers  for  injuries  to 
persons   in    their    employment,  l)y  increasing   its  capital 
to  the  amount  now  required  by  law  as  the  capital  of  such 


1050 


1889.  — Chapter  357. 


Cliaj) 


Town  may  take 
part  of  old 
graveyard  for 
school  pur- 
poses. 


May  cause 
human  remains 
to  be  removed. 


May  lay  out 
road  through 
graveyard. 


employers'  liability  insurance  company  ;  and  no  company 
now  or  hereafter  admitted  shall  be  allowed  to  transact 
both  of  said  classes  of  business  unless  it  possesses  an 
aggregate  capital  equal  to  that  required  of  two  separate 
companies  engaged  in  either  one  of  these  two  classes  of 
business. 

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

Approved  May  22,  1889. 

.357  -^^  ^^'^  "^^  AUTHORIZE  THE  TOWN  OF  SOUTH  HADLEY  TO  APPRO- 
PRIATE TO  OTHER  PUBLIC  USES  AND  TO  ALIENATE  CERTAIN 
PORTIONS  OF  AN  OLD  GRAVEYARD,  AND  TO  REMOVE  HUMAN 
REMAINS   THEREFROM. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  South  Hadley  may,  at  the 
expense  of  the  Evergreen  Cemetery  Association  of  said 
town,  cause  all  human  remains  to  be  removed  from  that 
part  or  strip  of  the  old  graveyard  situated  near  the  centre 
of  said  town  and  laid  out  by  the  proprietors  of  the  town 
of  Hadley  in  or  about  the  year  seventeen  hundred  and 
twenty-eight,  which  extends  twenty  feet  wide  from  the 
highway  to  land  now  or  late  of  The  Trustees  of  the  Mount 
Holyoke  Seminary  and  College,  along  the  southerly  side 
of  said  graveyard,  and  adjoining  the  school-house  lot 
belonging  to  the  said  town  of  South  Hadley  ;  and  may 
appropriate  said  strip  to  school  purposes  for  use  in  con- 
nection with  said  school-house  lot. 

Section  2.  The  town  of  South  Hadley  may  likewise, 
at  the  expense  of  the  Evergreen  Cemetery  Association, 
cause  all  human  remains  to  be  removed  from  that  portion 
of  said  graveyard  which  is  situated  northerly  of  a  line 
beginning  at  a  point  on  the  westerly  side  of  the  highway 
fifty  feet  southerl}^,  measuring  on  the  line  of  the  highway, 
from  the  northeasterly  corner  of  said  graveyard,  and 
extending  westerly  at  a  right  angle  with  said  highway 
until  it  intercepts  the  boundary  line  between  the  said 
graveyard  and  land  of  The  Trustees  of  the  Mount  Hol- 
yoke Seminary  and  College  ;  and  said  town  may  convey 
or  release  the  portion  so  described  to  The  Trustees  of  the 
Mount  Holyoke  Seminary  and  College  or  to  said  Ever- 
green Cemetery  Association  for  such  consideration  and  on 
such  terms  as  it  shall  deem  proper. 

Section  3.  The  town  of  South  Hadley  may  at  the 
expense  of  the  Evergreen  Cemetery  Association  lay  out 


1889.  —  Chaptees  358,  359.  1051 

and  construct  a  road  or  way  through  said  graveyard  from 
the  highway  to  land  now  belonging  to  said  cemetery  asso- 
ciation or  which  may  be  hereafter  purchased  by  it. 

Section  4.     This  act  shall  take  eftect  upon  its  passage. 

Approved  May  22,  1889. 


Chap.^^S 


An   Act   to   incokporate   the    albert    hopkins    wmTE  oaks 

CHAPEL  ASSOCIATION,  AND  TO  ENABLE  THE  PRESIDENT  AND 
TRUSTEES  OF  WILLIAMS  COLLEGE  TO  CONVEY  TO  THE  SAME 
CERTAIN  PR0PERT5f  HELD  UNDER  THE  WILL  OF  ALBERT  HOPKINS, 
DECEASED. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     John   Bascom,    Luther   D.    Woodbridge  The  Albert 
and  Austin  B.   Bassett,  their  associates  and  successors,  oaL chapei^"' 
residents  of  this  Commonwealth,  not  exceeding  twelve  in  ^.cmporlted. 
numl)er,  are  hereby  made  a  corporation  by  the  name  of 
The  Albert  Hopkins  White  Oaks  Chapel  Association,  for 
the  purpose  of  maintaining  the  chapel  at  the  White  Oaks 
in  Williamstown,  which  was  erected  by  the  late  Albert 
Hopkins  of  said  Williamstown,  and  of  maintaining  reli- 
gious  worship  and    teaching ;    with    all  the  powers   and 
privileges  and   subject  to   all   the  duties  and  obligations 
applicable  by  law  to  religious  societies. 

Section  2.     Upon  the  organization  of  the  corporation  wiiuamsCoi- 
named  in  section  one,  the  president  and  trustees  of  Wil-  clf^'pTto''""''*'^ 
liams  College  may  assign  and  convey  to  the  said  corpora-  '=o'P°''a''o°- 
tion  said  chapel,  and  all  the  property,  real  and  personal, 
which  the  said  president  and  trustees  of  Williams  College 
have  heretofore  held  under  the  will  of  said  Albert  Hop- 
kins, deceased ;  and  from  and  after  such  conveyance  the 
said  president  and  trustees  of  Williams  College  shall  be 
discharged  and  released  from  all  ol)ligations  on  account 
of  the  devises  and  bequests  contained  in  said  Avill. 

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

Approved  May  23,  1889. 


Chap.359 


An  Act  to  supply  the  town  of  ipswich  with  water. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Ipswich  may  supply  itself  7°'^'?  °^ 

-..,.  ,  '  •{  I  ir  J  Ipswich  mav 

and  its  inhabitants  with  water  for  the  extinguishment  ot  supply  itseif 
fires  and  for  domestic,  manufacturing  and  other  pur})oses  ;  ^^^    ^''^''  ' 
and  may  establish  fountains  and  hydrants,  relocate  or  dis- 
continue the  same  ;  may  regulate  the  use  of  such  water 


1052 


1889.  —  Chapter  359. 


May  take  land 
and  the  waters 
of  any  spring, 
pond  or  stream 
within  the  town 


May  lay  con- 
duits, pipes  and 
other  worlds. 


May  dig  up 
lauds. 


To  cause  to  be 
recorded  in  the 
registry  of  deeds 
a  desciiption  of 
lands  and  prop- 
erty taken. 


Town  to  pay 
damages 

sustained. 


and  fix  and  collect  rates  to  be  paid  for  the  use  of  the 
same. 

Section  2.  The  said  town,  for  the  purposes  aforesaid, 
may  take  by  purchase  or  otherwise  and  hold  the  waters 
of  any  pond,  stream  or  spring  within  the  limits  of  said 
town,  or  sink  wells  upon  any  land  situate  therein,  and 
take  by  purchase  or  otherwise  and  hold  any  lands,  rights 
of  way  and  easements  necessary  for  holding  and  preserv- 
ing any  water  thus  obtained  and  for  conveying  the  same  to 
any  part  of  the  said  town  of  Ipswich  ;  and  may  erect  on  the 
land  thus  taken  or  held  proper  damsj  buildings,  fixtures  and 
other  structures,  and  may  make  excavations,  procure  and 
operate  machinery,  and  provide  such  other  means  and  ap- 
pliances as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works  ;  and 
may  construct  and  lay  down  conduits,  pipes  and  other 
works  under  or  over  any  lands,  water  courses,  railroads 
or  public  or  private  ways,  and  along  any  such  way  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same  ;  and  for 
the  purpose  of  constructing,  maintaining  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  proper 
purposes  of  this  act,  said  town  may  dig  up  any  such 
lands,  and  under  the  direction  of  the  board  of  selectmen 
of  said  town  may  enter  upon  and  dig  up  any  such  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways. 

Section  3.  The  town  shall  within  sixty  days  after  the 
taking  of  any  lands,  rights  of  way,  water  rights,  water 
sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  within  which  such  lands  or  other 
property  is  situated,  a  description  thereof  sufficiently 
accurate  for  identification,  with  a  statement  of  the  pur- 
pose for  which  the  same  were  taken,  signed  by  the 
selectmen  of  the  town. 

Section  4.  The  town  shall  pay  all  damages  sustained 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water 
right  or  easement,  or  by  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  or 
corporation  sustaining  damages  as  aforesaid  under  this 
act,  w^io  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 


1889.  — Chapter  359.  1053 

is  taken  for  the  Isiying  out  of  highways,  on  application  at 

any  time  within  the  period  of  three  years  from  tlie  taking 

of  such    land  or  other  property  or  the   doing  of  other 

injury  under  the  authority  of  this  act;  but  no  such  appli-  ^fJ'JP^lJes'no/^J 

cation   shall   be   made  after  the  expiration  of  said  three  i^e  made  after 

years.     No   application  for  assessment  of  damages  shall  and  until  water 

be  made  for  the  taking  of  any  Avater,  water  right,  or  for  mve'^riTd/ 

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  ^^^^l^j^^^gl®^  ^ot 
paying  the    necessary   expenses    and    liabilities    incurred  |^yQ®Q|,Q'5 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
ao-crreoate  one  hundred  thousand  dollars  ;  such  bonds,  notes 
and  scrip  shall  bear  on  their  face  the  words,  Ipswich  Water 
Loan  ;  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  date  of  issue  ;  shall  bear 
interest  payable   semi-annually  at  a  rate   not   exceeding 
six  per  centum  per  annum,  and  shall  be   signed  by  the 
treasurer  of  the  town  of  Ipswich  and  be  countersigned  by 
the  selectmen  of  said  town.     The  town  may  sell  such  Jf^i'/oTjiedt'e"" 
securities  at  public  or  private  sale,  or  pledge  the  same  for  the  same  for 

"^       ,    ^  J-  c     1  •  I     money  bor- 

money  borrowed  for  the  purposes  ot  this  act,  upon  such  rowed. 
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.  The  town  shall  provide  at 
the  time  of  contracting  said  loan  for  the  establishment  of 
a  sinking  fund,  and  shall  annually  contribute  to  such  fund 
a  sum  sufficient  with  the  accumulations  thereof  to  pay 
the  principal  of  said  loan  at  maturity.  The  said  sinking 
fund  shall  remain  inviolate  and  pledged  to  the  payment 
of  said  loan  and  shall  be  used  for  no  other  purpose. 

Section  6.  The  return  required  by  section  ninety-one  Return  re- 
ef chapter  eleven  of  the  Public  Statutes  shall  state  the  amount  of 
amount  of  any  sinking  fund  established  under  this  act.         smkmgfuud. 

Section    7.     The    said    town    shall   raise  annually  by  to  raise  euffi- 
taxation  a  sum  which,  wnth  the  income  derived  from  the  "icomeand 
water  rates,  will  be  sufficient  to  pay  the  current  annual  Ji'teTeit.e'^c. 
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  make  such  contributions  to  the  sink- 
ing fund  as  may  be  required  by  the  provisions  of  this  act. 

Section  8.     Whoever  wilfully   or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  ^'''' "  ^ 


1054 


1889.  —  Chapter  360. 


corrupting  or 
divertiug  water 


Subject  to  ac- 
ceptance bj'  a 
two-thirds  vote 
within  three 
years. 


this  act,  or  injures  any  structure,  work  or  other  property, 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the  above  wilful  or  wanton  acts  shall  be 
punished  by  a  fine  not  exceeding  three  hundred  dollars  or 
by  imprisonment  not  exceeding  one  year. 

Section  9.  This  act  shall  take  eflect  upon  its  accept- 
ance by  a  two-thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  any  legal  town  meeting 
called  for  the  purpose  within  three  years  from  its  passage  ; 
but  the  number  of  such  meetings  shall  not  exceed  two  in 
any  one  year,  and  notice  of  such  meetings  shall  be  given 
at  least  seven  days  before  the  time  fixed  for  holding  the 
same.  Approved  May  23,  1889. 


Officer  trans- 
ferred, etc.,  to 
take  r;»nk 
according  to 
date  of  original 
commission. 


(7/itt».360  -^N  Act  to  amend  chapter  four  hundred  and  eleven  of  the 

ACTS    OF     THE     YEAR     EIGHTEEN     HUNDRED     AND     EIGHTY-SEVEN, 
ENTITLED    AN    ACT    CONCERNING    THE    MILITIA   OF    THE    COMMON- 
*  WEALTH   OF  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-three  of  chapter  four  hun- 
dred and  eleven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words  :  — An  oflicer  continued  by  ap- 
pointment in  the  same  office,  or  appointed,  or  transferred 
by  appointment,  from  one  office  to  another  in  the  militia 
without  loss  of  grade  or  continuous  service,  shall  take 
rank  in  his  grade  according  to  the  date  of  his  original 
commission  therein,  and  a  statement  showing  that  date 
shall  be  made  in  his  new  commission. 

Section  2.  Section  forty-two  of  said  chapter  four 
hundred  and  eleven  is  amended  by  adding  at  the  end 
thereof  the  following  words  : — Any  commissioned  officer 
who  has  been  discharged  under  the  provisions  of  section 
fifty-three  of  this  act  shall  not  be  eligible  for  election  or 
appointment  to  a  commission  within  six  months  after  such 
discharge. 

Section  3.  Section  one  hundred  and  nineteen  of  said 
chapter  four  hundred  and  eleven  is  amended  so  as  to  read 
as  follows: — If  any  person  interrupts  or  molests,  or 
insults  by  abusive  words    or  behavior,  or  obstructs  any 


Officer  dis- 
charged under 
section  53  not 
eligible  for 
appointment 
within  six 
months. 


Penalty  for 
molesting  or 
insulting  an 
officer  or 
soldier  on  duty. 


1889.  — Chapter  360.  1055 

officer  or  soldier  Avhile  on  duty  or  at  any  parade,  drill 
or  meeting  for  military  improvement,  he  may  be  put 
iinmediately  under  guard,  and  kept,  at  the  discretion  of 
the  commanding  officer  of  the  brigade,  regiment,  battalion, 
corps,  company  or  detachment,  as  the  case  may  be,  until 
the  duty,  drill,  parade  or  meeting  is  concluded.  And 
such  commanding  officer  may  turn  over  such  person  to 
any  police  officer  or  constable  of  the  city  or  town  wherein 
such  duty,  parade,  drill  or  meeting  is  held ;  and  said 
police  officer  or  constable  shall  detain  him  in  custody  for 
examination  or  trial  before  a  court  of  justice  or  trial  justice 
having  jurisdiction  of  the  place.  And  any  person  found 
guilty  of  either  of  the  ofl'ences  enumerated  in  this  section,  or 
in  section  ninety-five  or  section  one  hundred  and  eighteen, 
or  of  ol)structino-  or  interfering  with  United  States  forces 
or  troops  or  any  portion  of  the  militia  in  the  exercise  or 
enjoyment  of  the  right  of  way  granted  by  section  one 
hundred  and  twenty,  shall  be  punished  by  imprisonment 
in  the  jail  or  house  of  correction  'not  exceeding  six 
months,  or  by  fine  not  exceeding  one  hundred  dollars. 

Section  4.     Section  one  hundred  and  twenty-eight  of  pi"in!pecllul 
said  chapter  four  hundred  and  eleven  is  amended  by  add-  ^"  armories. 
ing  at  the  end  thereof  the  following  words  :  —  Inspecting 
officers,  when  on  duty  inspecting  in  armories  under  orders 
of  the  commander-in-chief,  shall  receive  the  same  pay  and 
allowances  as  are  provided  for  officers  on  special  duty. 

Section  5.  Section  one  hundred  and  forty-seven  of  ^''gr^'eluent  and 
said  chapter  four  hundred  and  eleven  is  amended  so  as  t)y-iawg. 
to  read  as  follows  :  —  Companies,  corps  of  cadets,  signal 
and  ambulance  corps,  battalions  or  regiments  may  adopt 
constitutional  articles  of  agreement  or  by-laws  for  the 
government  of  matters  relating  to  the  interior  economy  of 
their  respective  organizations,  the  regulation  of  fines  for 
non-performance  of  duty,  and  the  determination  of  causes 
upon  which  excuses  from  fines  may  be  based  :  j^t'ovided, 
that  such  articles  or  rules  shall  not  be  repugnant  to 
articles  or  rules  adopted  for  the  general  government  of 
the  militia.  These  articles  of  agreement  or  by-laws  for 
unattached  companies,  signal  and  ambulance  corps,  shall 
be  approved  by  brigade  commanders ;  for  all  others  by 
their  respective  battalion  commanders.  Certified  copies 
of  such  articles  or  rules  with  like  copies  of  all  alterations 
as  finally  approved  shall  be  deposited  in  the  office  of  the 
adiutant-ii'eneral. 


1056  1889.  — Chapters  361,  362. 

bJoksl'etc.^raay  Section  6.  Sectioii  oiiG  buudred  and  forty-eight  of 
be  examined.  ga}j  chapter  foui'  huiidred  and  eleven  is  amended  by 
adding  at  the  end  thereof  the  following  words: — The 
books  of  the  treasurer  and  other  books  of  any  command 
shall  at  any  time  be  examined  by  inspecting  officers  when 
so  ordered  by  the  commander-in-chief,  and  sul)ject  to  his 
action  on  receipt  of  the  report  of  such  examination. 

Ajyproved  May  23,  1889. 

Chcip.oGl   -^N   ^^"^  '^O   PROHIBIT  SALES   OF  INTOXICATING   LIQUOR   Br  HOLDERS 
OF   FOURTH   AND   FIFTH   CLASS   LICENSES   ON    ELECTION   DAYS. 

Be  it  enacted,  etc.,  as  follows: 
)iqu°orrnouo  Section    1.     All   llccnscs   to    scll    intoxicatlug   liquor 

tiordayaVy'"'''   ^^  ^^^^  fourth  and  fifth    classes  named  in    section  ten  of 
holders  of         chapter  one    hundred    of  the  Public  Statutes,  exceptino- 

fourth  and  fifth       i  i      i  i     i  -,  .  i      1 1     i  i   •  • 

class  licenses,  thosc  held  by  whoiesale  druggists,  shall  be  subject  in 
addition  to  the  conditions  named  in  section  nine  of  said 
chapter,  to  the  following  further  condition,  that  the 
licensee  shall  not  sell,  give  away  or  deliver,  on  the  licensed 
premises,  any  intoxicating  liquors  on  any  day  Avhen  any 
national,  state,  municipal  or  annual  town  election  is  held 
in  the  city  or  town  where  such  premises  are  situated ; 
subject  to  the  provisions  of  chapter  one  hundred  and 
eighty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine. 

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

Approved  May  23,  1889. 

Chcip.3Q2i  ^N  Act  to  incorporate  the  pilgrim  fathers'  hall  associa- 
tion. 
Be  it  enacted,  etc.,  as  follows: 

HafiAsSda!'^'      Section    1.      Horacc    A.    Wadsworth,    Jonathan    C. 

tion^incorpo.  Bowkcr,  Alfred  D.  Snow,  Milton  B.  Townsend,  Thomas 
Westby,  Alonzo  Winkley,  William  Luscomb,  Frank 
McNally,  Matthew  J.  Carney  and  Amos  Southwick,  their 
associates  and  successors,  may  associate  themselves  to- 
gether and  organize  a  corporation  under  the  general 
laws  of  this  Commonwealth,  by  the  name  of  the  Pilgrim 
Fathers'  Hall  Association ;  and  said  corporation,  when 
duly  incorporated  under  said  genei-al  laws,  is  hereby 
authorized  to  divide  its  capital  stock  into  shares  of  ten 
dollars  each. 

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

Approved  May  23,  1889. 


rated. 


1889.  — Chapters  363,  364,  365,  366.  1057 


An  Act  to  change  the  corporate  name  of  the  revere  street  nijQj)  QgQ 

RAILWAY   COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  name  of  the  Revere  Street  Railway  Name  changed 
Company,  a  corporation  duly  established  under  the  laws  ReveiVEiecuic 
of  this  Commonwealth,  is  herel)y  changed  to  the  Boston  company.'''''^ 
and  Revere  Electric  Street  Railway  Company. 

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

Approved  May  23, 18S9. 

An  Act  to  coNFnjM  the   proceedings  of  the  annual  town  /^a^^^  q^^ 
meeting  of  the  town  of  warren.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Section    1.     The   proceedings    of    the    annual    town  Proceedings  at 
meeting  of  the  town  of  Warren,  held  on  the  tirst  day  of  n"e"eUng"cou- 
April  in  the  year  eighteen  hundi'ed  and  eighty-nine,  shall  A'™'^'^- 
not  be  invalid  bj^  reason  of  any  defect  in  the  warrant  or 
any  error  in  the  posting  or  publication  of  the  same  ;  and 
no  act  or  j)roceeding  of  said  meeting  shall  be  invalid  in 
consequence  of  such  defect. 

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

Approved  May  23,  1889. 

An  Act  concerning  the  salary  of  the  late  john  c.  park,     nimrt  ^H'i! 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  county  commissioners  of  the  county  Saiaiytobe 
of  Middlesex  are  hereby  authorized  to  pay  to  the  widow  oTjoh°n  c'.'^°^ 
of  John  C.  Park,  late  justice  of  the  police  court  of  New-  ^'"''''• 
ton,  the  balance  of  the  salar}'  as  such  justice,  for  the  year 
eighteen    hundred    and    eighty-nine,  to  which    he   would 
have  been  entitled  had  he  lived  and  continued  to  be  such 
justice  during  the  remainder  of  said  year. 

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

Apjoroved  3Iay  23,  1889. 


An  Act  authorizing  the  cities  op  boston  and  Cambridge  to 

WIDEN   west   boston  BRIDGE. 


C/iap.366 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The    cities  of  Boston    or   Cambridge,  or  May  widen 
either  of  them  within  its  limits,  are  authorized,  subject  to  biufge^"^'"" 
the  provisions  of  chapter  nineteen  of  the  Public  Statutes, 
to  widen  the  bridge  between  said  cities  known  as  West 


1058 


1889.  — Chapter  367. 


Portions  of 
bridge  may  be 
set  apart  for 
special  use  of 
street  cars. 


Care  and  man- 
agement of 
bridge  and 
draw. 


Boston  bridge,  on  its  southerly  side,  not  exceeding  twenty 
feet,  and  to  make  such  changes  in  said  l)ridge,  and  draw, 
and  draw  piers  connected  therewith  and  do  such  other 
acts  as  may  be  necessary  and  expedient  or  convenient  for 
this  purpose  :  jn'ovided,  one  or  more  clear  openings  not 
less  than  thirty-six  feet  in  width  shall  be  left  through 
said  draw  for  the  passage  of  vessels. 

Section  2.  The  boards  of  aldermen  of  said  cities,  or 
either  of  them  within  the  limits  of  its  city,  may  by  vote 
grant  locations  and  set  apart  a  portion  of  said  bridge 
when  so  widened  for  the  special  use  of  street  cars,  or 
may  grant  locations  under  the  provisions  of  chapter  one 
hundred  and  thirteen  of  the  Public  Statutes ;  and  said 
Ijoards  of  aldermen  or  either  of  them  are  hereby  author- 
ized and  empowered  to  contract  with  any  street  railway 
company  owning,  controlling  or  running  street  cars  on 
said  bridge  for  the  making  of  said  widening,  or  for  the 
payment  of  all  or  any  part  of  the  expense  or  cost  thereof, 
and  for  keephig  the  same  in  repair,  and  for  the  setting 
apart  as  aforesaid  of  a  portion  of  said  bridge  when  so 
widened  for  such  special  use  of  such  street  cars.  Such 
street  railway  company  may  acquire  private  lands  by 
purchase  or  lease  for  the  purpose  of  making  proper 
approaches  to  or  for  the  extension  of  such  location.  The 
board  of  aldermen  of  the  city  where  such  lands  are  situ- 
ate may  then  grant  to  said  company  special  locations  on 
and  over  lands  so  acquired. 

Section  3.  Ihe  care  and  management  of  the  whole 
of  said  bridge  and  draw  shall  remain  in  said  cities  ;  the 
expense  of  all  repairs  made  on  that  portion  of  it  set  apart 
for  the  special  use  of  street  cars  shall  be  borne  b}'  the 
company  owning  or  controlling  said  cars,  so  long  as  it 
continues  to  use  it. 

Section  4.     This  act  shtdl  take  effect  upon  its  passage. 

Aijproved  May  23,  1SS9. 


Chai).3Q7  ^^  ^^^    ^^   INCORPORATE    THE    MARLBORaUQH    BU 


ILDING    ASSOCIA- 


Marlborough 
r>uilding  Asso- 
ciation, incorpo- 
rated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  S.  Herbert  Howe,  Edward  E.  Alley, 
Louis  P.  Howe,  William  E.  Dadmun  and  William  N. 
Davenport,  their  associates  and  successors,  are  hereby 
made  a  corporation  for  the  term  of  thirty  years  from  the 
date  of  the  passage  of  this  act,  by  the  name  of  the  ]Marl- 


1889.  — Chapter  368.  1059 

borough  Buildins:  Association,  of  Marlborough,  subject  to 
the  provisions  of  chapter  one  hundred  and  five  of  the 
Public  Statutes  and  to  all  general  corporation  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  such  cor- 
porations ;  and  shall  have  the  powers  and  be  subject  to 
the  liabilities  and  restrictions  prescribed  therein. 

Section  2.     The  said  corporation  shall   have  power  in  May  purchase, 
the  county  of  Middlesex  to  purchase,  hold,  sell,  mortgage,  leai  e'^tate? 
let  and  lease  real  estate,  and  to  improve  the  same  by  the 
erection  of  dwelling-houses,  stores  and    other    buildings 
thereon,  or  otherwise  as  may  be  expedient. 

Section  3.  The  capital  stock  of  said  corporation  shall  an^ghiresf^ 
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  property,  if  any,  shall  be  determined  by  the  com- 
missioner of  corporations. 

Section  4.     The  said   corporation   may  from  time  to  May  increase 
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  be'Jssfie"d  at° 
share,  in   cash  or  property,  than   the  par  value  thereof,  ^f^''*,^''''"  p'''' 
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  May  23,  1889. 

An  Act  to  authorize  the  city  of  Springfield  to  issue  addi-  (JJim^.oQS 

TIONAL     WATER    BONDS   AND    TO     SUPPLY   THE    TOWN   OF  LUDLOW 
WITH   WATER   FOR   CERTAIN    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Springfield,  acting  by  its  city  May  issue 
council,  is  hereby  authorized  to  issue  coupon  water  bonds,  bonds. 
to  be  signed  by  its  treasurer  and  its  mayor,  to  an  amount 
not   to   exceed  four  hundred  and  fifty  thousand  dollars, 
payable  at  a  period  not  to  exceed  forty  years  from  their 
date,  with  interest  payable  semi-annually  at  a  rate  not  to 


1060 


1889.  —  Chapter  368. 


Sinking  fund. 


Subject  to  ,1 
two-thirds  vote 
of  the  city 
couucil. 


To  raise  by 
taxntion,  etc., 
sufficient  for 
payment  of 
interest,  etc. 


Kew  distribu 
tiou  mains. 


Repeal. 


If  water  main 
is  laid  in  T.ud- 
low,  the  city  of 
Springtiold  shal! 
not  iulerfcre 
with  use  of 
streets,  etc., 
further  than 
necessary  to 
perform  the 
work. 


exceed  four  per  centum  per  annum,  for  the  purpose  of 
raising  money  Avitli  which  to  pay  for  a  new  and  additional 
water  main  from  its  source  of  Avater  supply  in  Ludlow, 
in  the  county  of  Hampden,  to  and  into  said  city.  The 
sinking  fund  provisions  of  chapter  three  hundred  and 
forty-five  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two  and  of  all  acts  in  amendment  thereof  shall,  so 
far  as  applicable,  apply  hereto. 

Section  2.  Said  main  shall  not  be  constructed,  nor 
any  contract  relating  thereto  made,  until  the  said  city 
council  shall  by  a  two-thirds  vote  authorize  the  issue  of 
said  l)onds ;  and  such  issue  shall  not  be  authorized  in 
excess  of  the  amount  which  said  city  council  shall  deter- 
mine to  be  necessary  for  the  construction  of  a  main  of 
such  a  size  as  said  council  shall  by  such  vote  authorize 
the  board  of  water  commissioners  of  said  city  to  lay. 

Section  3.  The  city  council  of  said  city  shall  annually 
include  in  the  appropriation  of  money  to  be  raised  by  taxa- 
tion such  a  sum  as  it  shall  determine  will  be  required 
during  the  then  municipal  year  to  meet  the  interest  on  the 
Springfield  water  bonds  and  on  bonds  issued  under  the 
authority  hereof,  that  shall  not  be  met  by  the  estimated 
net  income  of  the  water  department ;  and  in  estimating 
said  net  income,  all  expenses  of  said  department,  including 
the  estimated  cost  of  new  distribution  mains  to  be  laid 
during  such  year,  shall  be  taken  into  account-;  and  said 
city  council  shall  annually  determine  what  sum  of  money 
shall  be  expended  by  the  water  commissioners  for  new 
distribution  mains. 

Section  4.  Section  twelve  of  said  chapter  three 
hundred  and  forty-five  is  hereby  repealed. 

Section  5.  If  the  water  main  authorized  to  be  laid 
by  this  act  shall  be  laid  in  said  town  of  Ludlow,  said  city 
of  Springfield  shall  not  interfere  with  the  use  of  the  streets 
or  public  ways  in  said  town,  by  taking  up  the  same  or 
otherwise,  further  than  is  necessary  to  the  performance 
of  said  work,  and  said  city  shall  leave  such  streets  or  ways 
after  completion  of  said  work,  and  after  the  settling  of 
any  ditches  or  excavations  made  in  the  course  of  said 
w^ork,  in  as  good  condition  and  repair  as  the  same  were  in 
before  said  work  was  begun ;  and  shall  be  liable  to  the 
same  extent  that  said  town  might  be  held  liable  for  any 
damage  caused  by  any  defect  created  by  said  city  in  such 
streets  or  ways  ;  and  shall  furnish  such  police  protection 


1889.  —  Chapters  369,  370.  1061 

as  is  necessary  to  the  preservation  of  the  public  order  and 
security  along  the  line  of  said  works  during  the  prosecu- 
tion thereof;  and  said  city  shall  allow  said  town  to  take  towu  to  take 
from  said  main  sufficient  water  for  the  supply  of  a  water-  i^guoughX^etc! 
ing  trough  at  Ludlow  Centre  and  at  Ludlow  Village,  so 
called,  and  for  the  supply  of  the  two  cemeteries  in  said 
town  to  the  extent  heretofore  used  therein,  without 
charge  ;  and  shall  provide  at  the  expense  of  said  town  for 
connections  for  hydrants,  not  exceeding  six  in  number,  to  Hydiame. 
be  used  for  fire  purposes  only,  and  to  be  erected  by  said 
town  at  such  places  on  the  line  of  its  works  as  may  be 
designated  by  the  selectmen  before  the  laying  of  said  pipe, 
and  shall  furnish  a  supply  of  water  for  the  same  without 
charge  ;  and  said  city  shall  also  furnish  to  residents  of  said 
town  along  the  line  of  its  works,  and  may  furnish  in  any 
place  where  connection  with  said  works  now  exists,  the 
same  privileges  and  facilities  in  and  for  the  use  of  its  water 
that  are  furnished  to  the  residents  of  said  city  of  Spring- 
field, so  long  as  it  can  do  so  without  injury  to  said  city. 
The  provisions  of  this  section  may  be  enforced  by  injunc- 
tion or  other  appropriate  process  by  any  court  possessing 
equity  jurisdiction. 

Section  6.     This  act  shall  take  effect  on  the  first  day 
of  January  next.  Apirroved  May  24,  1889. 

An  Act  to  change  the  name  of  the  wintek  hill  univeksal-  ni^dj-y  3(59 

1ST   parish^  -^  '' 

Be  it  enacted^  etc. ,  as  foUoivs : 

Section  1.     The  name  of  the  Winter  Hill  Universalist  Namechauged 

T-,      .    ,         ,.    ^  ...  !•     •  •  -1  1         to  \\  luter  Hill 

l^arisn  oi  Somerville,  a  rengious  society  organized  under  universaiist 
the  general  laws  of  this  Commonwealth  on  the  seventh  day 
of  July  in  the  year  eighteen  hundred  and  seventy-nine,  is 
changed  to  the  Winter  Hill  Univer&alist  Church. 

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

Approved  May  24,  1889. 

An  Act  to  establish  the  salary  of  the  secretary  of  the  njjnj^  370 

state  board  of  health.  ^  ' 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  secretary  of  the  state  board  of  health  ^S*"'^^" 
shall  receive  a  salary  of  three  thousand  dollars  a  year,  to 
be  so  allowed  from  the  first  day  of  January  in  the  year 
eighteen  hundred  and  eighty-nine. 

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

Approved  May  27,  1889. 


10G2 


1889.  —  Chapteks  371,  372. 


County  com- 
raisBionersmay 
cause  staudhig 
wood  to  be 
removed  where 
view  of  a  cross- 
ing at  grade  is 
obBtructed. 


ChCip.STli    ^^    ^CT    TO     PROMOTE     THE    SAFETY     OF     THE    PUBLIC     AT     GRADE 

CROSSINGS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  A  railroad  corporation  or  any  ten  citizens 
of  a  town,  for  the  purpose  of  promoting  the  safety  of 
public  travel,  may,  where  the  view  of  a  railroad  crossing 
or  highway  at  grade  is  obstructed  by  standing  wood  in 
woodlands,  petition  the  county  commissioners  for  the 
county  where  such  obstruction  exists  in  woodlands,  who 
shall,  after  such  notice  as  they  deem  proper,  hear  the 
parties  and  make  such  order  in  the  premises  in  regard  to 
the  removal  of  said  standing  wood  as  the  public  safety 
shall  demand. 

Sectiox  2.  Said  commissianers  shall  prescribe  the 
limits  within  which  standing  wood  shall  be  taken  and  shall 
determine  the  damage  sustained,  and  such  damage  and 
the  expenses  arising  therefrom  shall  be  paid  by  said  rail- 
road corporation ;  said  damage  and  expenses  shall  be 
assessed  and  collected  in  the  manner  provided  in  the  case 
of  the  taking  of  land  by  railroad  corporations,  and  either 
party,  if  dissatisfied  with  the  decision  of  the  commis- 
sioners, may  have  the  same  right  of  appeal  therefrom  as 
is  provided  in  the  case  of  the  taking  of  land  by  railroad 
corporations. 

Section  3.  Nothino;  herein  contained  shall  be  con- 
sti'ued  as  authorizing  a  railroad  corporation  to  acquire 
lands  except  as  it  is  now  authorized  so  to  do. 

Section  4.  This  act  shall  take  eflect  on  the  first  day 
of  June  in  the  year  eighteen  hundred  and  eighty-nine. 

Approved  May  27,  1889. 


To  prescribe 
limits  of  woods 
to  be  taken, 
and  to  deter- 
mine damage 
sustained. 


Railroad  corpo- 
rations not  to 
acquire  lands 
except  as  now 
authorized. 
To  tjvke  effect 
June  1,  1889. 


CIl(ip.372      ^^   ^^'^  RELATIVE  TO   TEMPORARY   LOANS   BY   CITIES   AND   TOWNS. 

Be  it  enacted,  etc.,  as  foUoivs: 

i^a^rnantici-  Section  1.  Scctiou  six  of  chaptcr  twenty-nine  of  the 
p^ition  of  taxes.  Public  Statutes,  as  amended  by  section  four  of  chapter 
three  hundred  and  twelve  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five,  is  further  amended  by  inserting 
in  the  third  line  of  said  section  four,  before  the  word 
"year"  the  word: — municipal, — so  as  to  read  as  fol- 
lows :  —  Section  6.  Cities  and  towns  may,  by  ordinary 
vote,  incur  debts  for  temporary  loaiis  in  anticipation  of 
the  taxes  of  the  municipal  year  in  wdiicli  such  debts  are 


( 


1889.  — Chapters  373,  374,  375.  1063 

incurred  and  expressly  made  payable  therefrom  by  vote 
of  the  city  or  town. 

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

Approved  May  27,  1889. 


ChajhSlS 


An  Act  to  change  the  name  of  the  board  of  gas  commis- 
sioners. 

Be  it  enacted,  etc.,  as  folloios: 

Section    1.     The   board   of  gas   commissioners   shall  j^f^',-g^\®co^. 
hereafter  be  known  and  designated  as  the  board  of  gas  missioners. 
and  electric  lio;ht  commissioners. 

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

Approved  May  28,  1889. 


Ckap.374: 


An  Act  providing  for  the  appointment  of  a  state  military 
and  naval  historian. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  irovernor  with  the  advice  and  consent  state  military 

•  !        1      11  •  -11  J.    J.      "■^'^  naval 

01   the  council  shall   appoint  a  suitable    person    as    state  historian  to  be 
military  and  naval  historian,  whose  duty  shall  be  to  col-  "pp°'" '^ 
lect  and  compile,  within  five  years,  ready  for  publication, 
a  history  of  the  part  taken  by  the  Massachusetts  soldiers 
and  sailors  in  the  war  of  the  rebellion. 

Section  2.  The  said  state  historian  shall  receive  as  compensation. 
compensation  a  salary  of  two  thousand  dollars  a  year, 
with  necessary  expenses  not  to  exceed  five  hundred  dol- 
lars in  any  one  year.  He  may  at  any  time  be  removed 
from  office  and  a  successor  appointed  by  the  governor 
with  the  advice  and  consent  of  the  council. 

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

Ajwoved  May  28,  1889. 


Chap  37 5 


An  Act  to  amend  section  one  of  chapter  fifty-nine  of  the 

ACTS  of  the  year  EIGHTEEN  HUNDRED  EIGHTY-NINE  ENTITLED 
AN  ACT  TO  INCORPORATE  THE  NANTASKET  METHODIST  EPISCOPAL 
CHURCH. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  fifty-nine  of  the  acts  of  the  year  Amendment  to 
eighteen  hundred  eighty-nine  is  hereby  amended  by  strik-  rating  the° 
ing  out  in  the  tenth  line  thereof  the  word  "  general"  and  Me'thod'ist  Epis- 
inserting  in  the  place  thereof  the  word:  —  public,  —  go  <^°i'*' ^'^"'■'^^• 
as  to  read  as  follows  :  —  Section  1.     The  religious  society 
in   Cohasset,  formerly  known  as  the  Methodist    Society 


1004  1889.  — Chapter  376. 

Politic  of  Cobasset,  and  later  as  the  Methodist  Episcopal 
Church  of  North  Cohasset,  and  now  known  as  the  Nan- 
tasket  Methodist  Episcopal  Church,  is  hereby  constituted 
a  corporation  by  the  name  of  the  Nantasket  Methodist 
Episcopal  Church,  with  all  the  powers,  rights,  privileges, 
limitations,  duties  and  liabilities  of  chapter  thirty-eight 
of  the  Public  Statutes,  excepting  sections  eight  to  four- 
teen of  the  said  chapter.  Approved  May  2S,  1S89. 

Chap.^7(y   ^^  ^CT    authorizing    toe    city    of    LYNN     TO     TAKE     LAND     FOR 
PARADE,   DRILL   AND   TARGET   PRACTICE   BY   THE   MILITIA. 

Be  it  enacted.,  etc.,  as  follotcs: 

?anl?o7\m^^de,      Section  1.     Thc  City  of  Lyuu  may  take,  by  purchase 
etc.,  of  the  mill-  gr  otlicrwisc,  and  hold  such  land,  riohts  of  way  or  ease- 

lia  of  the  city.  .,..  !••  t  c  i 

ments  wnthin  its  hmits  as  may  be  necessary  lor  the 
parade,  drill  and  target  practice  of  such  part  of  the  militia 
as  may  l)e  located  in  said  city. 
^coTd"e^di\?the  Section  2.  Said  city  of  Lj^nn  shall  within  sixty  days 
registry  of  after  the  taking  of  any  lands,  riojhts  of  way  or  easements, 
lion  of  laud  othcrwisc  than  by  purchase,  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  within  which  said  lands, 
rights  of  way  or  easements  lie  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  signed  by  the 
mayor  of  the  said  city. 
Sdbfthe°cuy.  Section  3.  The  city  of  Lynn  shall  pay  all  damages 
sustained  by  any  person  by  the  taking  of  any  land,  right 
of  way  or  easement,  or  by  any  other  thing  done  by  said  city 
under  the  authority  of  this  act.  Any  person  sustaining 
damages  as  aforesaid  under  this  act,  who  fails  to  agree 
w^ith  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  laying 
out  of  highways,  on  application'  at  any  time  within  the 
period  of  three  years  from  the  taking  of  such  land,  right 
of  way  or  easement,  or  the  doing  of  other  injury  under 
the  authority  of  this  act ;  l)ut  no  such  application  shall 
be  made  after  the  expiration  of  said  three  years.  Dam- 
ages slmll  not  be  paid,  nor  shall  the  person  claiming 
damages  have  a  right  to  demand  the  same,  until  the 
land  taken  has  been  entered  upon  for  the  purposes  of 
this  act.  A  certificate  of  such  entry  signed  by  the  mayor 
shall  be  filed  in  the  registry  of  deeds  in  the  county  where 
the  land  lies  within  thirty  days  after  such  entry  is  made. 


1889.  — Chapters  377,  378,  379.  1065 

which  certificate  shall  state  the  date  of  entry  and  the  pur- 
poses thereof. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Apijroved  May  28.  1889. 


Chap.?>r. 


An  Act  authorizing  cities  and  towns  to  contract  for  the 
disposition  of  garbage,  refuse  and  offal. 

Be  it  enacted^  etc.,  as  follows: 

Any  city  or  town  may,  l>y  its  board  of  aldermen,  select-  fory^ij*g''JJi^ 
men,  board  of  health  or  other  officer  or  officers  having  in  uon of  offaiTetc. 
charge  the  disposition  of  the  garbage,  refuse  and  offal  of 
such  city  or  town,  contract  for  a  term  of  years  for  the  dis- 
position of  such  garbage,  refuse  and  ofial  by  cremation  or 
otherwise.  Approved  May  28,  1889. 


tract 
isposi- 


Chap.378 


An  Act  authorizing  title  insurance  companies  to  examine 

AND    guarantee    TITLES    TO    PERSONAL    PROPERTY   AS   WELL    AS 
REAL   ESTATE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.      Corporations    which   have   been    formed  ™ ponies 


ance 
,  ,  r may 

under  the  provisions  of  chapter  one  hundred  and  eighty  guarantee  tuies 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-four,  property.' 
or  of  section  sixty-two  of  chapter  two  hundred  and  four- 
teen of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven,  and  corporations  which  may  hereafter  be  formed 
under  the  provisions  of  said  section  sixty-two  of  said 
chapter  two  hundred  and  fourteen,  may  examine  titles 
and  furnish  information  in  relation  to  both  personal  prop- 
erty and  real  estate,  and  may  insure  owners  of  both  per- 
sonal property  and  real  estate,  and  others  interested 
therein,  against  loss  by  reason  of  incumbrances  and  defec- 
tive titles. 

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

Approved  May  28,  1889. 


Cka2).379 


An  Act  to  authorize  the  city  of  boston  to  take  land  for 

the  uses  of  the  public   library  of  said  city. 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The    city  of  Boston,   for   purposes    con-  city  of  Boston 
nected  with  the  pulilic  library  of  said  city,  may,  through  for^u8e8of'\he 
the  agency  of  the  board  of  street  commissioners  of  said  ^'"^'''^  ''^™'"y- 
city,  take  a  certain  lot  of  land  in  said  Boston,  bounded 
south  by  Blagden  street,  twenty-five  and  a  half  feet ;  east 


1066 


1889.  — Chapter  380. 


Description  of 
the  land  taken 
to  be  tiled  in 
the  registry  of 
deeds. 


Payment  of 
damages  by  the 
city  of  Boston. 


by  land  known  as  the  new  public  library  lot ;  north  by 
a  passageway,  twenty-five  and  a  half  feet,  and  west  by  a 
line  parallel  with  and  twenty-five  and  a  half  feet  westerly 
from  said  library  lot,  together  with  the  right  to  use 
said  passageway  in  common  with  others  having  any  right 
therein,  and  shall  pay  for  the  same  with  the  proceeds  of 
the  loan  authorized  by  chapter  sixty-eight  of  the  acts  of 
the  current  year. 

Section  2.  The  said  board  of  street  commissioners 
shall,  within  sixty  days  from  the  time  of  taking  said  land 
for  the  purposes  of  this  act,  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  of  Sufl:blk  a  description 
of  the  land  so  taken  as  certain  as  is  required  in  a  common 
conveyance  of  land,  and  a  statement  of  the  purpose  for 
which  it  was  taken,  which  description  and  statement  shall 
be  signed  by  a  majority  of  said  board. 

Section  3.  The  city  of  Boston  shall  pay  all  damages 
for  injuries  to  property  sustained  by  any  person  whose 
property  is  taken  under  authority  of  this  act ;  and  if  the 
said  board  and  any  person  whose  property  is  taken  cannot 
agree  upon  the  amount  of  damages  a  jury  of  the  superior 
court  may  be  had  to  determine  the  same,  in  the  same 
manner  as  a  jury  is  had  and  damages  are  determined 
when  parties  are  dissatisfied  with  an  estimate  of  damages 
sustained  by  any  person  in  the  laying  out  of  a  highway 
in  said  city. 

Section  4.     This  act  shall  take  eifect  upon  its  passage. 

Ap2)roved  May  28,  1889. 


ChCtp.SSO   ^N    -^^"^    T<^   AUTHORIZE   TOWNS   TO   EMPLOY   COUNSEL  AT   HEARINGS 
BEFORE   COMMITTEES   OF  THE   LEGISLATURE. 


Towns  may 
employ  counsel 
at  hearings 
before  com- 
mittees of  the 
legislature. 


Be  it  enacted,  etc.,  as  follows: 

Any  town  interested  in  a  petition  to  the  legislature  may 
at  a  legal  meeting,  by  a  two-thirds  vote  of  the  legal  voters 
present  thereat,  authorize  the  employment  of  council  to 
represent  such  town  at  any  hearing  before  any  committee 
of  the  legislature  upon  such  petition  :  provided,  lioioever, 
that  no  expenses  shall  be  hereby  authorized  excepting 
such  as  would  be  incurred  in  presenting  a  case  before 
the  judicial  courts.  Such  town  employing  counsel  shall 
require  a  detailed  account  of  any  expenses  incurred,  and 
a  copy  of  said  account  shall  be  filed  with  the  town  clerk 
and  open  to  the  inspection  of  all  tax  payers  of  the  town. 

Approved  May  28,  1889. 


1889.  — Chapter  381.  1067 


An    Act   to   authokize    the    fairhaven  water    company   to  QJiqjj  SSI. 

INCREASE    ITS    CAPITAL    STOCK     AND     TO     TAKE     AN     ADDITIONAL 
SOURCE   OF   WATER   SUPPLY. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.    The  Fairhaven  Water  Company,  a  corpora-  May  increase 
tion  incorporated  by  chapter  one  hundred  and  ninety-six  uot  exceeding" 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight,  ^i^^-™'^- 
is  hereby  authorized  to   increase   its  capital  stock  to  an 
amount  not  exceeding  one  hundred  and  twenty-five  thou- 
sand   dollars,    and    may  hold   real   estate    not  exceeding  iieai  estate. 
thirty-five  thousand  dollars  in  value. 

Section  2.  The  said  corporation,  for  the  purposes  May  take  land 
stated  in  said  chapter  one  hundred  and  ninety-six  of  the  souice*ia*^town 
acts  of  the  year  eighteen  hundred  and  eighty-eight  and  °^  Ma"apoisett. 
for  the  purposes  herein  stated,  may  take  and  hold  the 
water  of  any  water  source  within  the  town  of  Mattapoisett, 
and  all  lands,  rights  of  way  and  easements  necessary  for 
holding  and  preserving  the  same  ;  may  erect  dams,  build- 
ings, fixtures  and  other  structures  ;  may  make  excavations, 
procure  and  operate  machinery,  construct  and  lay  down 
pipes,  conduits  and  other  works,  enter  and  dig  up  Jands, 
make  contracts  with  any  public  or  private  corporation  or 
any  individual,  and  do  all  other  acts  within  said  town 
that  it  might  lawfully  do  in  the  town  of  Fairhaven  under 
the  powers  granted  to  it  by  said  chapter  of  said  acts,  and 
shall  be  subject  to  like  duties,  restrictions  and  liabilities  to 
those  therein  stated  and  imposed  upon  it. 

Section  3.     The   said  corporation  shall   within    sixty  Desciipuou  of 
days  after  the  taking  of  any  lands,  rights  of  way  or  ease-  toberecoVdMi 
ments,  water  rights  or  sources,  otherwise  than  by  purchase,  o"  deedlf  *"^ 
file  and  cause  to  be  recorded  in  the  registry  of  deeds  for 
the  county  in  which  they  are  situated  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.     No   lands,  rights   of  way   or   easements,  Lands, etc., not. 
water  rights  or  sources  within  said  towns  of  Mattapoisett  except  by  p'ur- 
and  Fairhaven  shall  be  taken  otherwise  than  by  purchase  haiTof"ap!tar' 
before  at  least  one-half  of  the  capital  stock,  the  issue  of  ^^^"j^'^jUf *  ^®®" 
which  is  herein  authorized,  shall  have  been  paid  for  in  cash 
at  its  par  value,  and  a  certificate  to  that  effect  certified 
under  oath  by  the  treasurer  of  said  company  shall  have 
been  filed  in  the  office  of  the  secretary  of  the  Common- 
wealth. 


10G8  1889.  — Chapter  382. 

Repeal.  Section  5.     All  acts   and   parts   of  acts   inconsistent 

herewith  are  hereby  repealed. 
comraeuced  SectiojST  6.     This  act  shall  take  eflfect  upon  its  passage, 

within  two         }3ut  shall  become  void  unless  work  is  commenced  under  it 

within  two  years  from  the  date  of  its  passage. 

A}:)proved  May  28,  1889. 

Ohajy  382  -^^  ^^"^  autuokizing  the  revere  water  company  to  take  an 

ADDITIONAL   WATER    SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

May  take  addi-        Section  1.     The  Rcvcre  Water  Company  may  for  the 
suVpiy.  purposes  of  an  additional  water  supply  take,  by  purchase 

or  otherwise,  water  from  wells  to  be  dug  or  driven  in  the 
town  of  Saugus,  near  the  junction  of  two  brooks  east  of 
the  Newbury  port  turnpike,  and  about  one-thh'd  of  a  mile 
northwest  from  the  Pleasant  Hills  station  of  the  Saugus 
branch  railroad ;  and  also  for  the  purposes  aforesaid  the 
said  company  may  take  by  purchase  or  otherwise  and  hold 
the  w^aters,  or  any  portion  thereof,  of  Crystal  brook,  so 
called,  in  said  town  of  Saugus,  to  an  amount  not  exceeding- 
one  million  gallons  in  anyone  day;  and  also  may  take. 
May  take  lands,  ijy  purchasc  or   otlicrwise,  all   lands,  rights    of  way  and 

rights  of  way,  ^l  /-iit  j.       •  i  • 

etc.  easements  necessary  tor  holdmg,  storing  and  preserving 

all  water  taken  or  held  under  the  authority  of  this  act,  and 
for  conveying  the  same  to  the  wells  or  pumping  stations  of 
said  company  in  the  town  of  Revere ;  and  may  erect  on 

May  erect  dams  ^hc  laucls  thus  taken  or  held  proper  dams,  buildings,  fix- 

and  fixtures.  n      ,  ,  i  i  j  •  ^ 

tures  and  structures,  and  may  make  excavations,  procure 
and  operate  machinery,  and  may  provide  such  other  means 
and  appliances  as  may  be  necessary  for  holding,  storing, 
preserving  and  conveying  the  waters  herein  authorized  to 
be  taken  ;  and  may  construct  and  lay  down  conduits,  pipes 
and  other  works,  under,  through  or  over  any  lands,  water 
sources,  public  works,  railroads,  public  or  private  ways, 
and  along  any  such  way  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same ;  and  for  the  purposes  of  con- 
structing, maintaining  and  repairing  such  conduits,  pipes 
and  other  works,  and  for  all  proper  purposes  of  this  act, 
said  corporation  may  dig  up  any  such  lands,  and,  under 
May  dig  np        the  direction  of  the  board  of  selectmen  of  the   town   in 

lands  under  ,.i  >  •  • ,        ^      ^  j,  ij' 

direction  of  the    whicli  any  such  way  is  situated,  may  enter  upon  and  dig 

selectmen.         ^^^  ^^^  ^^^j^  ways  in  such  manner  as  to  cause  the  least 

hindrance  to  pulilic  travel  on  such  ways ;  and  shall  hold 


1889.  — Chapter  382.  1069 

such  town  harmless  against  all  claims  for  damages  caused 
by  any  act  of  said  corporation,  and  shall  defend  at  its  own 
expense  all  suits  against  the  town  upon  such  claims,  and 
pay  to  the  town  all  costs  and  expenses  by  it  incurred  in 
such  suits. 

SECTiOiSr    2.     The  said  corporation  shall,  within  sixty  To  cause  to  be 
days  after  the  taking  of  any  lands,  right  of  way,  water  registry  of 
rights,  water  sources  or  easements  under  the  authority  of  uou'^oAhriand^ 
this  act,  otherwise  than  by  purchase,  file  and  cause  to  be  etc.,  taken. 
recorded  in  the  registry  of  deeds  for  the  county  within 
which  such  lands  or  other  property  is  situated,  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purposes  for  which  the  same  was  taken,  signed 
by  the  president  of  said  corporation.     Such   description 
and  statement  shall  specify  the  amount  of  water   to    be 
taken  from  said  Crystal  brook,  limiting  the  same  to  one 
million  gallons  for  any  one  day.     Said  corporation  shall 
provide  a  suitable  method  of  measuring  the  water  so  taken, 
open  to  the  inspection  of  any  party  interested  ;  and  the 
method  of  measurement  may  be  fixed  by  one  or  more  civil 
engineers,  to  be  appointed,  upon  the  application  of  either 
party  interested  after  due    notice    and    hearing,  by    any 
justice  of  the  supreme  judicial  court. 

Section  3.  In  determining  the  right  of  the  city  of  ^i^^^J 'JJ  I^.J^f^^^ 
Lynn  to  take  the  water  of  Saugus  river,  under  chapter  two  nver,  etc. 
hundred  and  fifty-six  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-three,  the  daily  flow  of  said  river  at 
Pranker's  dam  in  the  town  of  Saugus  shall  be  deemed  to 
include  the  amount  of  the  waters  of  Crystal  brook  taken 
or  appropriated  under  the  authority  of  this  act ;  the  city 
of  Lynn,  suliject  to  the  conditions  and  liabilities  of  said 
act  of  the  year  eighteen  hundred  and  eighty-three,  includ- 
ing section  three  thereof,  shall  be  entitled  to  and  may  take 
the  waters  of  Saugus  river  whenever  its  daily  flow  at 
Pranker's  dam  in  the  town  of  Saugus  shall  exceed  twelve 
million  gallons,  and  may  at  such  times  take  all  the  flow  of 
said  river  in  excess  of  said  twelve  million  gallons,  and  no 
more. 

Section  4.     The  said  corporation  shall  pay  all  damages  corporation  to 

J     •         1   1  •  i        1         i  1        i     1   •  /•    ''         psy  damages 

sustamed  by  any  person  in  property  by  the  taknig  or  any  sustained. 
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 


1070 


1889.  —  Chapter  382. 


Application  for 
damages  uot  to 
be  made  until 
water  is  actu- 
ally withdrawn. 


Corporation 
may  be  required 
to  give  security 
for  payment  of 
damages. 


Penalty  for 
wilfully  cor- 
rupting or  di- 
verting water. 


Water  to  be 
supplied  to 
town  upon 
application  of 
selectmen. 


said  corporation  as  to  the  amount  of  damages  sustained, 
may  have  the  damages  assessed  and  determined  in  the 
manner  provided  by  hivv  when  land  is  taken  for  laying  out 
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  the 
assessment  of  damages  shall  be  made  for  the  taking  of  any 
water,  Avater  right,  or  for  any  injury  thereto,  until  the 
Avater  is  actually  withdrawn  or  diverted  by  said  corporation 
under  the  authority  of  this  act. 

Section  5.  Any  owner  of  lands  and  water  rights  taken 
under  this  act  by  said  Revere  Water  Company,  upon  appli- 
cation of  either  party  for  an  estimate  of  damages,  may 
require  said  corporation  to  give  security  satisfactory  to  the 
county  commissioners  of  the  county  of  Essex  for  the  pay- 
ment of  all  damages  and  costs  which  may  be  awarded  to 
him  for  the  land  or  other  property  taken  ;  and  if,  upon 
the  petition  of  such  owner  with  notice  to  the  adverse 
party,  the  security  at  any  time  appears  to  the  said  com- 
missioners to  have  become  insufEcient,  they  shall  require 
said  corporation  to  give  further  security  to  their  satisfac- 
tion, and  all  the  rights  or  authority  of  the  corporation  to 
enter  upon  or  use  said  land  and  other  property,  except  for 
making  surveys,  shall  be  suspended  until  it  gives  the 
security  required. 

Section  6.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  corporation  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  corporation  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 

Section  7.  In  case  the  town  of  Saugus  or  the  inhab- 
itants thereof  shall  at  any  time  make  application  through 
its  board  of  selectmen  to  be  supplied  with  water  by  said 
corporation,  then,  and  in  such  case  only,  the  said  corpora- 
tion shall  furnish  water  to  said  town  or  the  inhabitants 
thereof  to  extinguish  fires  and  for  domestic  and  other 
purposes,  for   which    said    town    shall   pay    an    equitable 


1889.  — Chapter  383.  1071 

compensation ;  which,    in    case    of     difference,    shall     be 

determined  by  three  commissioners  to  be   appointed   by 

the  supreme  judicial  court  upon  application  of  either  party 

and  notice  to  the  other,  whose  award,  when  accepted  by 

said  court,  shall  be  binding  upon  the  parties  for  the  term 

of  five  years.     But  said  compensation  shall  not  exceed  the  compensation. 

rates  now  paid  by  said  Saugus  under  its  present  contract 

with  the  city  of  Lynn. 

Section  8.     All  lands  which  shall    be   taken    by    said  h'u^}}'^'^.!^^'^ 

_  'J  taken,  to  laxa- 

Kevere  Water  Company  under  this  act  in   said   Saugus,  tiou- 
whether  such  lands  are  tiowed  or  otherwise,  shall  be  liable 
to  taxation  by  the  town  of  Saugus  ;  and  the  value  of  any 
lands  shall  not  be  deemed  to  be  lessened  for  such  purpose 
by  the  flowage  thereof. 

Section  9.     Nothing  in  this  act  shall  be  construed  to  Not  to  enter 
allow   said   Kevere  Water  Company  to  enter  upon  any  MeirosZ  ° 
of  the  territory  of  the  town  of  Melrose  for  the  taking  of 
water  or  the  building  of  storage  basins  in  said  town  of 
Melrose. 

Section  10.     The    rights   of  taking   granted   to    said  ^xercfsed  within 
Revere  Water   Company  by  this   act   shall   become   void  ^^''^^  y^^^'^- 
except  so  far  as  the  same  are  exercised  within  three  years 
from  its  passage. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

Ai^proved  May  28,  1889. 


Chap.3S3 


An  Act  to  authorize  the  flowage  of  land  for  the  purposes 

OF  FISH    culture. 

Be  it  enacted,  etc.,  as  follows: 

Any  owner  or  lessee  of  lands  or  flats  situated  in  the  Lands  in  Barns- 
county  of  Barnstable,  appropriated  or  which  he  desires  to  may** be  flowed 
appropriate  to  the  culture  of  useful  fishes,  may  erect  and  ^"ghPciikurr  °^ 
maintain  a  dam  across    any  stream    for   the    purpose    of 
creating  or  raising  a  pond  for  such  fish  culture,  upon  the 
terms  and  conditions  and  subject  to  the  regulations  con- 
tained in  chapter  one  hundred  and  ninety  of  the  Public 
Statutes,  so  far  as  the  same  are  properly  applicable    in 
such  cases  :  provided,  however,  that  nothing  herein   con-  Proviso. 
tained  shall  authorize  the  erection   or  maintenance  of  a 
dam  across  any  navigable  stream  within  said  county  with- 
out a  license  obtained  therefor  from  the  board  of  harbor 
and  land  commissioners,  in  accordance  with  and  subject  to 
the  provisions  of  chapter  nineteen  of  the  Public  Statutes. 

Apiproved  May  28,  1889. 


1072  1889.  — Chapters  384,  385,  386. 


Ch€ip.3S4:  ^N    ^CT   IN    RELATION   TO    RETURNING    THE    NAMES    OF    CONSTABLES 

TO   CLERKS    OF    COURTS. 

Be  it  enacted,  etc,  as  follows: 

fiMlliohT'  T^^  clerks  of  cities  and  towns,  except  within  the  county 
returned  to  of  Suffolk,  shall,  within  seven  days  after  the  appointment 
courts.  or  election  of  constables  and  their  qualification  by  giving 

bonds  as  provided  by  section  one  hundred  and  thirteen  or 
by  section  one  hundred  and  fourteen  of  chapter  twenty- 
seven  of  the  Public  Statutes,  return  to  the  clerks  of  the 
courts  of  their  respective  counties  the  names  of  constables 
so  appointed  or  elected  and  qualified. 

Apjyroved  May  28,  1889. 


Chap 


.385  An  Act  to  authorize  the  American  bell  telephone  company 
TO  increase  its  capital  stock. 


Be  it  enacted,  etc.,  as  follows: 

not^toixceed  Section  1.     The  American  Bell  Telephone   Company 

$20,000,000.  is  hereby  authorized  to  increase  its  capital  stock,  in  the 
manner  provided  by  law,  at  such  times  and  in  such  amounts 
as  it  may  from  time  to  time  determine,  provided  the  whole 
amount  of  the  capital  stock  of  said  American  Bell  Tele- 
phone Company  shall  not  exceed  twenty  million  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajyproved  May  29,  1889. 

CJiCip.SSQ  ^^   ^^"^  "^O   authorize    the    HARTFORD    AND    CONNECTICUT    WEST- 
ERN  RAILROAD   COMPANY   TO   EXTEND    ITS    ROAD. 

Be  it  enacted,  etc. ,  as  follows : 

^ad?nto°hJ"  Section  1.  The  Hartford  and  Connecticut  Western 
state  of  Massii-  Railroad  Company,  a  corporation  duly  established  in 
accordance  with  the  laws  of  the  state  of  Connecticut,  is 
authorized  to  locate,  build  and  operate  a  railroad  with  one 
or  more  tracks  from  a  point  on  the  dividing  line  between 
the  Commonwealth  of  Massachusetts  and  the  state  of 
Connecticut,  in  the  towns  of  Agawam  or  Southwick,  in 
Hampden  county,  northeasterly  through  either  or  both  of 
said  towns  and  West  Springfield  and  across  the  Connecti- 
cut river  into  the  city  of  Springfield ;  and  by  lease  or 
otherwise  to  acquire  the  line  or  property  and  franchises  of 
any  railroad  or  railroads  lying  upon  or  along  said  route  ; 
also  to  acquire  land  for  the  construction  or  maintenance  of 
said  railroad  and  for  terminal  facilities,  in  the  manner  pro- 


1889.  — Chapter  387.  1073 

vided  by  the  general  laws  of  this  Commonwealth  relating 

to  railroad  corporations  :  provided,  that  said  railroad  shall  rroviso. 

not  be  located  or  constructed  across  Park  street,  Park 

avenue  or  the  park  or  common  between  said  thoroughfares 

in  said  West  Springfield,  or  across  the  Connecticut  river 

less  than  two  thousand  feet  north   from   the  North   End 

bridge,  so  called. 

Section  2.     Said  corporation  may  mortgase  that  part  J'J^y '"°'^'*g^  ^ 

n  .  -,  1--I11  11      -ii  1'       that  part  ot  road 

oi  its  road  authorized  to  be  located,  built  and  operated  in  authorized  to  be 
this  Commonwealth  to  an  amount  not  exceeding  twenty-  commouweauh. 
five  thousand  dollars  per  mile  for  each  mile  of  single  track 
and  in  addition  thereto  ten  thousand  dollars  for  each  mile 
of  double  or  additional  tracks,  and  may  issue  bonds  secured 
thereby  either  coupon  or  registered  :  provided,  that  said 
limitation  shall  not  apply  to  bridges  across  the  Connecticut 
and  Agawam  rivers  forming  part  of  said  railroad. 

Section  3.     One  director  of  said  railroad  corporation  one  director  to 
shall  reside  in  this  Commonwealth,  and  as  to  its  railroad  commonwealth. 
and    property  in   this    Commonwealth    and    the  use    and 
management  thereof  said  corporation  shall  be  subject  to 
the  general  laws  which  are  now  or  may  be  hereafter  in 
force  in  relation  to  railroad  corporations. 

Section  4.     Said  corporation  shall  locate  and  construct  '^°^!Tk% 

•11  i'iif>  !•  1  f  structed  before 

the  extension  hereby  authorized    before  the   first  day  of  i^ec.  i,  1892. 
December  in  the  year  eighteen  hundred  and  ninety-two. 

Section  5.     Said  corporation   shall    in  respect  to  the  construction 
construction  of  a  bridge  across  the  Connecticut  river  be  °    "  ^^" 
subject  to  the  provisions  of  section  two  of  chapter  three 
hundred  and  forty-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1889. 

An  Act   to   amend  chapter  one   hundked  and  sixty-nine  of  Hl^fin  ^QT 

THE   PUBLIC   STATUTES   RELATING   TO    PROOF   OF   STATUTES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  sixty-nine  of  chapter  one  hundred  r>oof  of  stat- 
and    sixty-nine    ot    the    Public   Statutes    is    amended    by  ordinances, 
inserting  after  the  word  "government"  in  the  third  line,  i\sri69,T69- 
the  words  :  — and  copies  of  the  rules  and  regulations  of  a 
board  of  aldermen,  the  ordinances  of  a  city  and  the  by- 
laws of  a  town,  when  attested  by  the  clerk  of  such  city 
or  town,  —  so  that  said  section  shall  read  as  follows  :  — 
Section  69.     The  printed  copies  of  all  statutes,  acts  and 


1074  1889.  —  Chapter  388. 

resolves  of  the  Commonwealth,  whether  of  a  public  or 
private  nature,  published  under  the  authority  of  the 
government,  and  copies  of  the  rules  and  regulations  of  a 
board  of  aldermen,  the  ordinances  of  a  city  and  the  by- 
laws of  a  town,  when  attested  by  the  clerk  of  such  city 
or  town,  shall  be  admitted  as  sufficient  evidence  thereof 
in  all  courts  of  law,  and  on  all  occasions  whatsoever. 
p."s!"i69,Tto°  Section  2.  Section  seventy  of  said  chapter  is  amended 
by  inserting  after  the  word  "Commonwealth"  in  the 
second  line,  the  words  :  —  and  of  any  city  or  town,  —  and 
by  adding  at  the  end  of  the  section  the  words  :  —  or  by 
the  clerk  of  said  city  or  town,  as  the  case  may  be,  —  so 
that  said  section  shall  read  as  follows :  —  /Section  70. 
Copies  of  books,  papers,  documents  and  records  in  the 
executive  and  other  departments  of  the  Commonwealth, 
and  of  any  city  or  town,  duly  authenticated  by  the 
attestation  of  the  officer  having  charge  of  the  same,  shall 
be  competent  evidence  in  all  cases  equally  with  the  origi- 
nals thereof,  if  the  genuineness  of  the  signature  of  such 
officer  is  attested  by  the  secretary  of  the  Commonwealth 
under  its  seal,  or  by  the  clerk  of  such  city  or  town,  as  the 
case  may  be. 

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

Ax)proved  June  5,  1889. 

ChaV  388  ^''^  ^^'^  '^^  amend  the  charter  of  the  MILTON  WATER  COM- 
PANY AND  TO  AUTHORIZE  SAID  CORPORATION  TO  CONSOLIDATE 
WITH   THE   BRUSH   HILL  WATER   COMPANr. 

Be  it  enacted,  etc.,  as  follows: 
Milton  Water         SECTION  1.     Scction  two  of  chapter  four  hundred  and 
co°nsoiidntrwUh  elevcu    of    thc    acts    of    the   year  eighteen   hundred  and 
wat^r'com-'      eiglity-cight  is  hereby  amended  by  inserting  in  the  nine- 
P""y-  teenth  line  thereof,  after  the  words  "  city  of  Boston"  the 

words  :  —  or    with   the   Brush   Hill  Water  Company,  or 
with  the  Hyde  Park  Water  Company,  or  the  successors 
or  assigns  of  either  or  any  of  them,  —  and  by  inserting  in 
the  twenty-fourth  line  thereof,  after  the  words  "  city  of 
Boston  "  the  words  :  —  and  said   Brush  Hill  Water  Com- 
pany, and  said  Hyde  Park    Water  Company,  and  their 
respective  successors  and  assigns. 
Subject  to  con-        SECTION  2.     Scctiou  niuc  of  Said  chapter  four  hundred 
with  o&ur cor-    and    eleven    is   hereby   amended   by    inserting   after   the 
porations,  etc.    ^^^^^,^^^  ^^^.^^  ^^  Bostou "  in  the  fourteenth  line  thereof, 

the  words  :  —  or  any  other  corporation  or  persons,  —  and 


1889.  — Chapters  389,  390.  .  1075 

by  striking  out  the  words  "  in  this  act"  in  the  said  four- 
teenth line,  and  inserting  in  place  thereof  the  words  :  — 
by  law. 

Section  3.  The  Milton  Water  Company  is  hereby  ^f^||°p';^;^"„\';^'y 
authorized  and  empowered  to  purchase  the  franchise,  purchase  fran- 
corporate  property  and  all  the  rights  and  privileges  of  property. 
the  Brush  Hill  Water  Company  on  such  terms  as  may  be 
agreed  upon  by  the  respective  boards  of  directors  of  said 
corporations,  and  as  shall  be  approved  at  meetings  called 
for  the  purpose  by  the  votes  of  a  majority  in  interest  of 
the  stockholders  of  said  companies  respectively.  But 
such  purchase  shall  be  subject  to  any  and  all  contracts 
which  may  have  been  made  by  said  Brush  Hill  Water 
Company  with  the  Hyde  Park  Water  Company  or  with 
the  town  of  Canton  :  provided,  hoivever,  that  no  such  Proviso. 
purchase  shall  be  valid  or  authorized,  nor  such  consolida- 
tion take  place  or  be  of  effect  or  virtue,  unless  or  until 
ratified  and  consented  to  by  a  majority  vote  of  the  voters 
of  the  town  of  Milton  present  and  voting  thereon  at  an 
annual  town  meeting,  or  at  a  special  town  meeting  called 
for  that  purpose  within  one  year  after  the  terms  of  pur- 
chase or  consolidation  shall  have  been  agreed  to  by  the 
stockholders  of  the  respective  companies  as  above  set 
forth.  Approved  June  5,  1889. 

An  Act  to  authorize   the  Massachusetts  universalist  con-  (7y^a79.389 

VENTION   to   take   A   SUM   OF   MONEY   IN    TRUST   UNDER   THE   WILL 
OF   GEORGE   SMITH. 

Be  it  enacted,  etc.,  as  follows : 

SECTioisr  1.     The   Massachusetts  Universalist  Conven-  May  hold,  etc., 
tion  is  authorized   and  empowered  to  receive,  hold  and  wluof Gwr|e 
manage,  according  to  its  terms,  a  bequest  made  to  it  for  ®'""^- 
charitable  purposes  under  the  will  of  George  Smith,  late 
of  Boston,  in  the  county  of  Suffolk,  deceased. 

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

Approved  June  5,  1889. 

An  Act  relating  to  the  recovery  of  damages  for  sales  of  (JJi(ir),^QO 

INTOXICATING  LIQUORS  TO  MINORS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1 .     Section  twenty-four  of  chapter  one  hundred  ^^^n^^gYs^for 
of  the  Public  Statutes  is  hereby  amended  by  inserting  after  shIcb  of  intoxi- 

,  1   1.  1  />     1  1  eating  liquors  to 

the  word  "  minor     in  the  second  line  thereof  the  words  :  —  minors. 
either  for  his  own  use,  the  use  of  his  parent  or  of  any 


1076 


1889.  —  Chapter  391. 


Amendment  to 
P.  S.  100,  §  24. 


Not  to  apply  to 
Bales  upon  pre- 
scriptions. 


Repeal. 


other  person, — and  also  by  adding  at  the  end  of  said 
section  the  following  words :  —  Actions  and  suits  for 
penalties  and  forfeitures  under  this  section  shall  be  com- 
menced within  two  years  after  the  oifence  is  committed 
and  not  afterwards,  —  so  as  to  read  as  follows  :  —  Section 
24.  Whoever,  b}^  himself  or  his  agent  or  servant,  sells 
or  gives  intoxicating  liquors  to  a  minor,  either  for  his  own 
use,  the  use  of  his  parent  or  of  any  other  person,  or  allows 
a  minor  to  loiter  upon  the  premises  where  such  sales  are 
made,  shall  forfeit  one  hundred  dollars  for  each  oifence, 
to  be  recovered  by  the  parent  or  guardian  of  such  minor 
in  an  action  of  tort.  Actions  and  suits  for  penalties  and 
forfeitures  under  this  section  shall  be  commenced  within 
two  years  after  the  offence  is  committed  and  not  after- 
wards. 

Section  2.  Nothing  herein  contained  with  reference 
to  penalties  and  forfeitures  shall  be  held  to  apply  to  sales 
made  by  holders  of  sixth  class  licenses  when  said  sales  are 
made  upon  the  written  prescription  of  a  practising  phy- 
sician. 

Section  3.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed.        Ajyproved  June  5,  1889. 


(7//ft7).391   -^^    ^^^   AUTHORIZING  CITIES  AND  TOWNS   TO  PROHIBIT  THE  TAKING 

OF   EELS   AND   SHELL-FISH 


Cities  and  towns 
may  regulate 
the  takiufi  of 
eels  and  shell- 
tish. 


Inhabitants  may 
take  eels,  etc., 
for  family  use. 


Be  it  enacted.,  etc.,  as  folloics: 

Section  1.  Section  sixty-eight  of  chapter  ninety-one 
of  the  Pulilic  Statutes  is  hereby  amended  by  adding  after 
the  word  "regulate"  in  line  three  of  said  section  the 
words  :  —  or  prohibit,  —  so  that  the  said  section  shall  read 
as  follows  :  —  Section  68.  The  mayor  and  aldermen  of 
cities  and  the  selectmen  of  towns,  when  so  instructed  by 
their  cities  and  towns,  may  control  and  regulate  or  pro- 
hibit the  taking  of  eels,  clams,  quahaugs,  and  scallops 
within  the  same,  including  ponds  which  are  now  or  may 
hereafter  be  leased  by  the  commissioners ;  and  may  grant 
permits  prescribing  the  times  and  methods  of  taking  eels 
and  the  shell-tish  above  named  within  such  cities  and 
towns,  and  make  such  other  reo:ulations  in  reo;ard  to  said 
fi.sheries  as  they  may  deem  expedient.  But  any  inhabi- 
tant of  the  Commonwealth,  without  such  permit,  may 
take,  from  the  waters  of  his  own  or  any  other  city  or 
town,  eels  and  the  shell-fish  above  named  for  his  own 
family  use  ;  and  may  take  from  the  waters  of  his  own  city 


1889.  — Chapters  392,  393.  1077 

or  town  any  of  the  shell-lish  above  named  for  bait,  not 
exceeding  three  bushels,  inchiding  shells,  in  any  one  day, 
but  subject  nevertheless  to  the  general  rules  prescribed 
by  the  mayor  and  aldermen  and  selectmen  respectively  as 
to  the  times  and  methods  of  takino^  such  fish.  Nothino- 
herein  contained  shall  be  construed  as  allowino-  the  taking 
of  any  kind  of  fish  in  violation  of  section  thirty-four  or 
thirty-five. 

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

Approved  June  3,  1889. 

An  Act  to  authorize  the  town  op  raynham  to  raise  money  Hhrfi-f  ^09 

FOR    the    celebration    OF    THE    TWO    HUNDRED    AND     FIFTIETH  -^ 

ANNIVERSARY   OF   THE   SETTLEMENT   OF   TAUNTON. 

Be  it  enacted,,  etc.,,  as  follows: 

Section  1.     The  town  of  Raynham  is  hereby  author-  May  raise 
ized  to  raise  by  taxation  an  amount  of  money  not  exceed-  "ratim/of  *''^'^' 
ii!g  five  hundred  dollars  for  the  purpose  of  celebrating,  in  gettiemeut  of"^ 
the  month  of   June  of  the  year  eighteen  hundred   and  'i'aunton. 
eighty-nine,  the  two  hundred  and  fiftieth  anniversary  of 
the  settlement  of  Taunton  as  a  town. 

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

Approved  June  3,,  1889. 


^^'«^  C/«^79.393 

3  AND  -'- 


An  Act  to  provide  for  filing  copies  of  registers  of  foreign 

VESSELS   and    for   SERVICE  OF  PROCESS   ON  CERTAIN   PERSONS 
FOREIGN   CORPORATIONS. 

Be  it  enacted.,  etc.,  as  folloics: 

Section  1.     Every  person  or  corporation  which  owns  Cofjies  of  regis- 
or  manages  any  foreign  vessel  running  or  advertised  to  vesseisfwuh" 
run  to  any  port  in  this  Commonwealth,  shall  file  in  the  o^-n^isTtoTe"^ 
office  of  the  commissioner  of  corporations  a  true  copy  of '^'^■'^.^''"^°°'"• 
the  register  oi  such  vessel  and  a  list  of  the  names  of  the  corporatious. 
owners  thereof,  authenticated  by  the  oath  of  the  person 
filing  the  same  ;    and  whenever  such  register  or  owners 
shall  be   changed  such   person  or  corporation  shall  file  a 
true  copy  of  the  new  register  and  a  new  list  of  the  owners, 
authenticated    as    aforesaid,  within    thirty  days  from    the 
making  of  such  change. 

Section  2.     Sections   one   and   two   of  chapter  three  provisions  of 
hundred    and    thirty    of*  the    acts    of  the   year   eighteen  JfJ^pfJ.'^^  ^'^ 
hundred  and  eighty-four  shall  apply  to  all  such  persons 
and  corporations  as  are  described  in  section  one  of  this 
act. 


1078 


1889.  — Chapter  394. 


Fee  U»  be  paid 
into  treasury. 

May  be  enforced 
in  equity. 


State  House 
Construction 
Commissioners 
to  be  appointed. 


Penalty.  SECTION  3.     Any  person   or  corporation  that  fails  to 

comply  with  the  provisions  of  this  act,  and  every  agent  of 
such  person  or  corporation  who  transacts  business  as  such 
in  this  Commonwealth  after  such  failure,  shall  be  liable  to 
a  tine  not  exceeding  tive  hundred  dollars  ;  but  such  failure 
shall  not  affect  the  validity  of  any  contract  made  with  such 
person  or  corporation.  Every  such  person  or  corporation 
shall  upon  the  tiling  of  such  copy  of  register  and  list  of 
owners  pay  into  the  treasury  a  fee  of  ten  dollars  therefor. 
Section  4.  Compliance  with  the  provisions  of  this  act 
may  be  enforced  in  the  ordinary  course  of  equity  pro- 
cedure by  information  brought  by  the  attorney-general  at 
the  relation  of  the  commissioner  of  corporations. 

Approved  June  3,  1889. 

ChClT>.3Q4:   ^^   ^^^  ^^   PKOVIDE   von  THE   ENLARGEMENT  OF  THE   STATE  HOUSE 

IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  foHoivs: 

Section  1.  The  governor  with  the  advice  and  consent 
of  the  council  is  hereby  authorized  within  thirty  days 
after  the  passage  of  this  act  to  appoint  three  persons,  one 
of  whom  shall  be  an  experienced  builder,  who  shall  be 
known  as  the  State  House  Construction  Commissioners  ; 
shall  hold  office  a  suflScient  time  to  accomplish  the  pur- 
poses of  this  act,  and  shall  receive  such  compensation 
while  enffao:ed  in  the  service  of  the  Commonwealth  as  the 
governor  and  council  shall  determine.  Any  vacanc}^ 
occurring  in  said  board  shall  be  filled  by  the  governor 
with  the  advice  and  consent  of  the  council. 

Section  2.  Said  commissioners  shall  at  once  proceed 
to  erect  upon  the  land  heretofore  or  hereafter  to  be  ac- 
quired by  the  Commonwealth  under  chapter  three  hundred 
and  forty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight  and  over  that  part  of  Mount  Vernon 
street  in  said  Boston  immediately  in  the  rear  and  northerly 
of  the  present  state  house  a  fire  proof  addition  to  said 
state  house,  and  to  make  the  alterations  contemplated  in 
the  present  state  house  under  and  substantiall}^  in  accord- 
ance with  the  plans  accompanying  the  message  of  the 
governor  submitted  to  the  legislature  on  the  tenth  day 
of  April  eighteen  hundred  and  "eighty-nine.  The  detail 
drawings  and  specifications  of  construction  when  made 
shall  be  submitted  to  and  approved  by  the  governor  and 
council,  but  no  work  shall  be  commenced  until  plans  and 
specifications  shall  have  been  prepared  and  approved. 


To  erect  a  fire 
proof  addition 
to  the  state 
house. 


1889.  — Chapter  394  1079 

Section  3.     Said  commissioners  are  authorized  under  May  negotiate 
direction  of  the  governor  and  council  to  negotiate  with  i3o8to"Vo? 
the  city  of  Boston  for  arching  over  that  part  of  Mount  veJ'noLn.Tt' 
Vernon  street  on  the  northerly  side  of  the  state  house, 
substantially  in  the  manner  shown  on  said  plans,  and  they 
may  subject  to  the  approval  of  the  governor  and  council 
agree  on  behalf  of  the    Commonwealth  with  the  city  of 
Boston  upon   the   terms   and   conditions   on  which    said 
addition  to    the  state   house    may   be   carried    over   said 
portion  of  said  Mount  Vernon  street. 

Section  4.  Said  commissioners  are  hereby  authorized  t^.°c'?'/f''oVcou"- 
to  make  on  behalf  of  the  Commonwealth  all  contracts  for  stiuciiun.etc. 
the  construction  of  said  building,  provided  that  all  work 
on  said  building  shall  be  done  by  express  contract,  and 
that  proposals  for  work  or  material  exceeding  one  thou- 
sand dollars  in  value  shall  be  advertised  for  in  at  least 
two  daily  papers  published  in  the  city  of  Boston  and  one 
each  in  the  cities  of  Worcester,  Springfield,  Fall  River 
and  Lowell. 

Section  5.     Said   commissioners    are    authorized   and  ^chiL^fs'.Ttc. 
directed  to    employ  competent   architects,  and  may  also 
if  they  deem  it  advisable  employ  a  superintendent,  the 
amount  of  whose  compensation  shall  be  fixed  by  the  gov- 
ernor and  council. 

Section  6.'    No  commissioner  appointed  under  this  act  Notto  be  inter- 

1  I  cstcti  lu  tiny 

shall  be  directly  or   indirectly  in  any  way  interested  in  contract. 
any    contract    made    under    this    act,    under    penalty  of 
removal    from    office   by  the    governor   and    council  and 
})unishment  as  provided  in  chapter  two  hundred  and  five, 
section  eleven,  of  the  Public  Statutes. 

Section  7.     To  meet  the  expenses  incurred  under  this  state  nouse 

..i,  1  •  iin  •        ^   Construction 

act,  the  treasurer  and  receiver-general  shall  as  required  Loan  not  to 
with  the  approval  of  the  governor  and  council  issue  scrip  lo^so^olooo. 
or  certificates  of  del)t  in  the  name  and  behalf  of  the  Com- 
monwealth, and  under  its  seal  and  countersigned  by  the 
governor,  to  an  amount  not  exceedins:  two  millions  five 
hundred  thousand  dollars  to  be  designated.  State  House 
Construction  Loan  ;  said  scrip  shall  be  issued  as  registered 
bonds  or  with  interest  coupons  attached ;  shall  mature 
not  more  than  twenty  years  from  the  date  of  its  issue, 
shall  bear  interest  at  a  rate  not  exceeding  three  per  cen- 
tum per  annum,  payable  semi-annually  on  the  first  days 
of  April  and  October  in  each  year ;  shall  be  redeemable 
at  maturity  in  gold  coin  of  the  United  States  and  shall  be 


1080 


1889.  —  Chapter  335. 


Sinkiogfund  to 
be  established. 


CommiBsioners 
to  report  annu- 
ally to  the 
governor. 


Chap 


Burial  of  de- 
ceased soldiers, 
etc.,  by  cities 
and  towns. 


Expense  lim- 
ited, etc. 


sold  in  such  instalments  as  the  governor  and  council  may 
determine  by  public  advertisement  to  the  highest  bidder, 
at  not  less  than  the  par  value  thereof,  or  in  such  other 
manner  as  the  governor  and  council  may  determine  to  be 
for  the  best  interests  of  the  Commonwealth. 

Section  8.  The  treasurer  and  receiver-general  shall 
on  issuing  any  of  said  scrip  establish  a  sinking  fund  and 
apportion  thereto  from  year  to  year  an  amount  sutficient 
with  its  accumulations  to  extinguish  the  debt  at  its  ma- 
turity. The  amount  necessary  each  year  to  pay  the 
interest  and  sinking  fund  requirements  of  said  scrip  shall 
be  included  in  and  be  made  a  part  of  tlie  annual  state  tax 
levy,  and  any  premium  over  the  par  value  of  said  scrip 
received  on  the  sale  thereof  shall  form  part  of  the  sink- 
ing fund  for  its  redemption. 

Sectiox  9.  Said  commissioners  shall  annually  in  the 
month  of  December  report  to  the  governor  the  progress 
of  the  work,  the  contracts  outstanding,  the  sums  expended 
to  the  date  of  such  report,  and  the  governor  shall  transmit 
such  report  in  print  to  the  legislature  with  his  annual 
message. 

Section  10.  This  act  shall  take  effect  upon  its  pas- 
sage. Approved  June  4,  1889. 

.395  An  Act  providing  for  the  burial  op  deceased  indigent  or 
friendless  soldiers,  sailors  or  marines  of  the  late  war. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  the  duty  of  the  mayor  of  each 
city  and  of  the  selectmen  of  each  to^yn  of  the  Common- 
wealth to  designate  some  suitable  person  or  persons,  who 
shall  serve  without  compensation,  and  shall  be  other  than 
the  overseers  of  the  poor  or  those  employed  by  them, 
whose  duty  it  shall  be,  under  Tcgulations  established  by 
the  commissioners  of  state  or  military  aid,  to  cause  to  be 
properly  interred  the  body  of  any  honorably  discharged 
soldier,  sailor  or  marine  who  served  in  the  army  or  navy 
of  the  United  States  during  the  late  war  who  may  here- 
after die  in  such  city  or  town  without  leaving  sufficient 
means  to  defray  funeral  expenses. 

Section  2.  The  expense  of  such  burial  shall  not  ex- 
ceed the  sum  of  thirty-five  dollars.  Such  burial  shall  not 
be  made  in  any  cemetery  or  burial  ground  used  exclusively 
for  the  burial  of  the  pauper  dead  or  in  that  portion  of 
any  burial  ground   so  used  :  and  j)^'Ovided,  that   in  case 


1889.  — Chapters  396,  397,  398.  1081 

relatives  of  the  deceased  who  are  unable  to  bear  the 
expense  of  burial  desire  to  conduct  the  funeral  the}'  may 
be  allowed  to  do  so  and  the  expense  shall  be  paid  as 
herein  provided. 

Section  3,     One-half  of  all  sums  allowed  and  expended  Jiei.ubu'/sed '''' 
under  section  two  of  this  act,  but  with  no  expense  for  the  f'o°i  ^^^  s'^te 
disbursement  of  the  same,  shall  be  reimbursed  from   the 
treasury  of  the  Commonwealth  to  the  several  cities  and 
towns  which  have  expended  the  same  on  or  before  the  first 
da}'^  of  December  in  the  year  next  after  such  expenditure. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1889. 

An  Act  to  authorize  the  refunding  to  james  donoghue  of  /^7,//j^  QQ^ 
money  paid  by  him  as  bondsman  for  thomas  f.  donoghue  -^  "' 

fkom  the  treasury  of  the  county  of  plymouth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  county  commissioners  of  the  county  Maypay$6oo 
of  Plymouth  may  pay  to  James  Donoghue  of  Abington  in  Donog,!ue. 
said  county,  a  sum  not  exceeding  six  hundred  dollars  as 
amends  to  him  and  m  full  payment  and  satisfaction  for  all 
money  paid  by  him  into  the  treasury  of  said  county  as 
bondsman  of  Thomas  F.  Donoghue. 

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

Approved  June  4,  1889. 


An  Act   to    ratify*  certain    proceedings    of    the   town    of 

BERKLEY. 


Be  it  enacted,  etc.,  as  folloiGs: 

Section  1.  The  vote  of  the  town  of  Berkley,  passed  ^^'t°Hej''°^* 
at  its  annual  meeting  held  on  the  fourth  day  of  March  in 
the  year  eighteen  hundred  and  eighty-nine,  appropriating 
the  sum  of  fifty  dollars  to  take  part  in  the  celebration 
of  the  incorporation  of  the  town  of  Taunton,  is  hereby 
ratified  and  made  valid. 

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

Approved  June  4,  1889. 

An  Act  providing  for  the  regulation  and  removal  of  posts,  Hhri^-f  QQQ 

AVIRES    AND   OTHER   STRUCTURES   IN   OR   UNDER   PUBLIC   AVAYS   AND  ^  '' 

PLACES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  provisions   of  law  granting  to  cities  iiemovinof 
and  towns  authority  to  regulate  telegraph  and  telephone  1°^^^'  '^'''**' 


1082  1889.  — Chapter  399. 

lines  shall,  so  far  as  applicable,  apply  to  every  corporation, 
copartnership  or  person  having  authority  to  place  posts, 
wires,  structures  and  other  appliances  for  any  purpose  in 
or  under  public  ways  or  places,  and  the  selectmen  of  towns 
and  the  board  of  aldermen  in  cities  may  cause  the  removal 
at  the  expense  of  the  owner  or  owners  of  any  unused 
posts,  wires,  structures  or  other  appliances. 

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

Approved  June  4,  1889. 

Chan  399  ^^  ^^^  ^^  protect  the  property  of  tue  humane  society  op 

THE   commonwealth    OF    MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 
Protection  of  Scctiou  OHC  hundred  and  six  of  chapter  two  hundred 

property  of  the  ■  •       i  i 

HiiiuaneSo.       and  tlirec  of  the  Public  Statutes  is  hereby  amended  by 

ciotv   t>tc 

inserting  after  the  word  "  society  "  in  the  second  line  of 
said  section  the  words  :  —  of  the  Commonwealth  of  Massa- 
chusetts, —  by  striking  out  the  word  "  one  "  in  the  eleventh 
line  of  said  section  and  inserting  in  place  thereof  the 
word  :  —  two,  —  by  striking  out  the  words  "  ninety  days  " 
in  the  twelfth  line  of  said  section  and  inserting  in  place 
thereof  the  words  :  —  six  months,  —  and  by  adding  at  the 
end  of  said  section  the  following  words  :  —  One-half  of 
any  fine  paid  under  this  section  shall  be  paid  to  the  per- 
son giving  information  upon  which  the  conviction  shall 
be  obtained,  —  so  as  to  read  as  follows  :  —  Section  106. 
i^^ur'''t^o*  ^^^  Whoever  unlawfully  enters  a  house  or  hut,  the  property  of 
property.  the  Humanc  Society  of  the  Commonwealth  of  Massachu- 

setts, and  wilfully  injures,  destroys,  removes  or  carries 
away  any  food,  fuel,  oil,  candles,  furniture,  utensils  or 
other  property  belonging  to  said  society,  or  unlawfully  or 
wilfully  enters  any  boat-house  of  said  society,  and  carries 
away,  removes  or  injures  any  life-boat,  car,  or  any  of  the 
ropes,  tackle,  oars  or  any  appurtenance  thereof,  or  wilfully 
injures  or  destroys  or  unlawfully  uses  or  commits  any 
trespass  upon  the  property  of  said  society  intended  or 
kept  for  the  purpose  of  saving  or  preserving  human  life, 
or  commits  any  trespass  upon  such  hut  or  boat-house,  shall 
be* punished  by  fine  not  exceeding  two  hundred  dollars, 
or  by  imprisonment  in  the  jail  not  exceeding  six  months  ; 
but  the  penalties  of  this  section  .shall  not  apply  to  persons 
for  whose  use  said  boats,  houses  and  X)ther  property  are^ 
intended  and  kept.  Pilots,  commissioners  of  wrecks, 
sheriffs    and    their   deputies,    and    constables  shall    make 


1889.  — Chapters  400,  401.  1083 

complaint  against  all  persons  guilty  of  any  offence  under 
this  section.  One-half  of  any  fine  paid  under  this  section 
shall  be  paid  to  the  person  giving  information  upon  which 
the  conviction  shall  be  obtained. 

Approved  June  4,  1889. 

An  Act  to  confirm  the  title  to  certain  real  estate  in  the  QJiapAOO 

CITY     OF     QUINCY     USED     AND    OCCUPIED    BY     THE      WASHINGTON 
STREET   CONGREGATIONAL   SOCIETY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Washington  Street  Congregational  J^llVtJT^ 
society,  a  corporation  organized  for  religious  purposes  fi'med. 
under  the  laws  of  this  Commonwealth,  wdiich  now  wor- 
ship in  a  certain  meeting-house  built  for  and  once  occupied 
by  the  methodist  episcopal  church,  situated  on  the  corner 
of  Washington  and  South  streets  in  that  part  of  the  city 
of  Quincy,  in  the  county  of  Norfolk,  called  Quincy  Point, 
liounded  southerly  on  South-street,  six  and  one-half  rods  ; 
westerly  on  land  now  or  formerly  of  Benjamin  Bramhall, 
six  rods  ;  northerly  on  land  now  or  formerly  of  said  Bram- 
hall, six  and  one-half  rods,  and  easterly  on  said  Washing- 
ton street,  six  rods,  are  hereby  declared  in  law  to  be  seized 
in  fee  of  the  said  meeting-house,  with  the  said  parcel  of 
land  above  described,  for  its  use,  with  all  the  rights,  privi- 
leges and  appurtenances  to  the  same  belonging,  subject 
however  to  any  and  all  rights  not  heretofore  released  to 
said  societ}- which  any  person  or  persons  had  in  and  to  any 
pew  or  pews  in  said  meeting-house  when  the  same  was  used 
and  occupied  by  the  methodist  episcopal  church  :  j)f'ovided, 
that  such  person  or  persons,  if  any,  shall  make  claim  on 
said  society  for  such  pew  or  peAVS  within  ten  years  from 
the  passage  of  this  act. 

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

Approved  June  4,  1889. 

An    Act    relative    to    recording    of    attachments    of   real  C'^ftM.-l-Ol 

ESTATE   IN    registries   OF   DEEDS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  sixty-two  of  chapter  one  hundred  j^^^^g^t^te^to  bi 
and  sixty-one  of  the  Public  Statutes  is  hereby  amended  recorded  in 
by  striking  out  the  words  "  except  Suffolk"  in  the  eighth  deeds. 
and  ninth    lines   thereof,  and    also    by  striking    out   the 
words  "  in  the  office  of  the  clerk  of  the  courts  for  such 
county ;  if  in  Suffolk  county  "  in  the  eleventh  and  twelfth 


1081  1889.  — Chapters  402,  403. 

lines  thereof,  so  as  to  read  as  follows  :  —  Section  62.  No 
attachment  of  real  estate  or  of  any  leasehold  estates  on 
mesne  process  shall  be  valid  against  a  subsequent  attach- 
ing creditor,  or  against  a  person  who  afterwards  purchases 
the  same  for  a  valuable  consideration  and  in  good  faith, 
unless  the  original  writ  or  a  copy  thereof,  (which  copy 
shall  be  certified  by  the  oiScer,  but  need  not  contain  the 
declaration  in  the  writ,)  and  so  much  of  the  ofiicer's  re- 
turn thereon  as  relates  to  the  attachment  of  the  estate,  is 
deposited  as  follows ;  to  wit :  if  the  lands  attached  lie  in 
a  county  where  there  is  but  one  office  for  the  registry  of 
deeds,  such  writ  or  copy  shall  be  deposited  in  the  registry 
of  deeds  for  said  county ;  and  if  in  a  county  where  there 
is  more  than  one  office  for  the  registry  of  deeds,  then  in 
the  registry  of  deeds  for  the  district  where  the  attached 
lands  lie. 
seVtatifsg?^  Section  2.  This  act  shall  take  effect  upon  the  first 
day  of  September  in  the  year  eighteen  hundred  and 
eighty-nine.  Approved  June  4,  1889. 

Q/l(l7)A02  ^N  Act  to  establish  the  salaries  of  the  attorney-general 

AND   OF   THE   FIRST   AND   SECOND   ASSISTANT    ATTORNEYS-GENERAL. 

Be  it  enacted,  etc.,  as  follows:  , 

Salary  of  Section  1.     The  saLu'v  of  the  attorney-o;eneral  shall 

attorney-gen-  •^  iitc 

eiai.  be  five  thousand  dollars  a  year,  to  be  so  allowed  from  the 

^  first  day  of  January  in  the  year  eighteen  hundred    and 

eighty-nine,  and  at  the  same  rate  for   any  portion  of  a 

year. 

fnlTse^c'cnd""'       Section  2.     The  Salary  of  the  first  assistant  attorney- 

asaistaiit  general  shall  be  twenty-five  hundred  dollars  a  year,  and 

a^^^nine>8gen      ^^  ^^^^  sccond  assistant  attorney-geaeral  fifteen   hundred 

dollars   a  year,  to  be   so   allowed  from  the   first    day  of 

January  in  the  year    eighteen  hundred  and  eighty-nine, 

and  at  the  same  rate  for  any  portion  of  a  year. 

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

Approved  June  4,  1889. 

Chan.4:0'd  an  act  to  authorize  the  COUNTY  COMMISSIONERS  OF  THE 
COUNTY  OF  ESSEX  TO  BORROW  MONEY  FOR  THE  PURPOSE  OF 
ESTABLISHING    A   TRUANT   SCHOOL   OR   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 
Mayijoiiow  SECTION  1.     The  oountv  comiiiissioners  of  the  county 

money  to  ostab-        „  ^  ,  ,  i         •        -i    ,       .  !• 

lish  tiuaut         of  Essex  are  hereby  authorized  to  borrow  a  sum  ot  money 
6c  00  s.  ^^^^  exceedino-  twenty-five  thousand  dollars,  for  the  pur- 


1889.  — Chapter  404.  1085 

pose  of  establishing  a  truant  school  or  schools,  and  pro- 
viding suitable  land  and  buildings  for  the  same.  t 
Section  2.     This  act  shall  take  eifect  upon  its  passage. 

Approved  June  4,  1889. 


ChapAO^. 


Ax  Act  relative  to  the  correction  of  tax  bills  and  the 

REGISTRATION   OF   VOTERS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Section   twentj^-six  of  chapter  two  hun-  Amendment  to 
dred  and  ninety^eight  of  the  acts  of  the  year  eighteen  i^^^- ^9*'.  §  26. 
hundred  and  eighty-four  is  amended  by  striking  out  at 
the  beu^innino;  thereof  the  words  "In  the  several  cities  of 
this  Commonwealth,  except  the  city  of  Boston,  all  errors 
in  names  upon  tax  bills  of  persons  assessed  shall  be  cor- 
rected on  said  tax  bills  by  the  board  of  assessors  or  the 
board  acting  as  registrars  of  voters,  and  also  on  forms  af 
certificates  specially  preparecLfor  the  purpose",  and  by 
inserting  in  place  thereof  the  following  w'ords  :  —  In  the  corrections  of 
several  cities  of  the   Commonwealth,  except  the  city  of  upouui"  buis!* 
Boston,  corrections  of  errors    in    names    upon   tax    bills 
of  persons  assessed  shall  be  made  by  the  board  of  assessors 
upon  such  tax  bills  and    also  upon  forms  of  certificates 
prepared  for  the  purpose  on  personal  application  of  the 
persons  asseissecl,  or  such    corrections  may  be   made  by 
the  board  acting  as  registrars  of  vot€rs  when  application 
is  made  to  them  by  the  persons  assessed  for  the  purpose 
of  registering  as  voters. 

Section  2.  Section  nine  of  chapter  two  hundred  and  ^"8*^2^7"° 
forty-three  of  the  acts  of  the  year  eighteen  hundred  isso!  225^  §*[. 
and  seventy-eight,  relating  to  registration  in  the  city  of 
Boston,  as  amended  by  section  one  of  chapter  two  hun- 
dred and  twenty-five  of  the  acts  of  the  year  eighteen 
hundred  and  eighty  is  hereby  further  amended  by  striking 
out  at  the  beginning  thereof  the  words  "  All  corrections 
of  assessed  names  upon  tax  bills  shall  be  made  by  the 
board  of  assessors,  the  registrars  of  voters,  or  assistant 
registrars,  on  a  form  of  certificate  specially  prepared  for 
the  purpose ",  and  by  inserting  in  place  thereof  the 
words  :  —  All  corrections  of  errors  in  names  upon  tax  corrections  of 
bills  of  persons  assessed  shall  be  made  by  the  board  of  onTaxbiii 
assessors  upon  such  tax  bills  and  also  on  forms  of  certifi-  Boat"/.  °^ 
cates  prepared  for  the  purpose  on  personal  application  of 
the  persons  assessed,  or  such  corrections  may  l)e  made  by 
the  registrars  or  assistant  registrars  of  voters  when  appli- 


orrors  in  names 
8  in 


1086  1889.  — Chapter  401. 

cation  is  made  to  them  by  the  persons  assessed  for  the 
purpose  of  registering  as  voters. 
f88i!'29r§"2o°        Section  3.     Section  twenty  of  chapter  two    hundred 
and    ninety-eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-four  is  hereby  amended  by  striking  out 
in  the  eighth  line  thereof  the  words  "  previously  deter- 
mined by  them,"  and  by  inserting  in  place  thereof  the 
words :  —  determined    by  them    within    four   years    next 
preceding  his  application,  —  and  also  by  inserting  in  the 
eleventh  line  of  said  section  after  the  words  "his  name" 
the  words  :  —  in  the  register,  —  so  as  to  read  as  follows  : 
pubifsruotice  to — Section  20.     The    registrars     of    voters    shall    cause 
all  persons  to     proper  uoticcs   to  be  published    or    posted,    and    proper 
selves  for  Opportunity  given  at  least  twenty  days  before  the  annual 

registiation.       ^.^^  ^^  towu  elcctiou  and  at  least  thirty  days  before  the 
Tuesday  next  after  the  first  Monday  in  November  annu- 
ally, to  all  persons  to  present  themselves  for  registration  ; 
Quaiitications to  .^nd  thereafter  before  reo-istering^  any  person  whose  quali- 

be  asceriaiued        ,.  ~  'iii  •!•' 

before  ticatious  liavc  uot  been  determined  by  them  withm  lour 

legis  enng.  years  uext  preceding  his  application,  they  shall  examine 
him  under  oath  in  regard  to  his  qualifications  to  vote, 
and  shall  require  such  person  to  write  his  name  in  the 
register  and  read  in  the  ofiicial  edition  thereof  at  least 
three  lines  of  the  .constitution,  other  than  the  title,  in 
such  manner  as  to  show  that  he  is  not  prompted  nor 
reciting  from  memory,  before  they  place  his  name  on  said 
register,  unless  such  person  is  exempted  by  article  twenty 
of  the  amendments  to  the  constitution. 
Name  to  be  SECTION    4.       Kcffistrars    and    assistant   registrars    of 

annouDced  in  an  i        i  /•  •  .... 

audible  voice      voters   shall  bcfore   adding  any  name  to  the  list  of  regis- 

upo°a list!  '^       tered  voters  announce  the  same  in  a  distinct  tone  of  voice, 

clear  and  au'iible,  and  any  registrar  or  assistant  registrar 

who  shall  wilfully  violate  the   provisions  of  this  section 

shall  be  punished  by  a  fine  of  not  more  than  three  hundred 

dollars  for  each  ofience. 

dL^cTased.^p^re""      Section  5.     The  clerk  or  registrar  of  cach  city  or  towD, 

cinct,  street,       in  transmitting  monthly  to  the  reajistrars  of  voters  of  such 

etc.,  to  be  stated      .  ^  n  -i 

in  list  trans-  City  Or  towu  the  uamcs  ot  male  persons  over  twenty-one 
years  of  age  deceased  within  the  preceding  month  or  since 
the  last  time  of  transmitting  such  list,  shall  also  state  the 
precinct,  the  name  of  the  street  and  the  number  of  the 
house,  if  any,  where  such  person  last  resided,  whenever 
the  same  can  be  ascertained.  Approved  June  4,  1889. 


mitted. 


1889.  —  Chapter,  405.  1087 

An  Act  to  supply  the  town  of  reading  with  water.         ChavA05 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Reading,  for  the  purpose  of  ^°;^,'J„°^^„y 
supplyino-  said  town  and  the  inhabitants  thereof  with  pure  supply  iteeif 
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  town, 
and  obtain  and  take  water  by  means  of  bored,  driven  or 
artesian  wells  within  said  town,  and  hold  and  convey  said 
water  through  said  town,  and  may  also  take  and  hold  by 
gift,  purchase  or  otherwise  any  land,  rights  of  way  and 
easements  necessary  for  obtaining  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- 
ing, storing,  retaining,  discharging,  conducting  and  dis- 
tributing said  water. 

Section  2.     Said  town  shall  within  sixtv  days   after  to  record  in  the 

•     1  c  i*''ij.  i.         registry  or 

takmc:   any  lands,    rimits    oi    way,   water   rights,   water  deeds  a descrip- 

*  -^  -  /•  •  1  /i  •  j-l  1  tion  of  lands, 

sources  or  easements  atoresaid,  otherwise  tnan  by  pur-  etc.,  taken. 
chase,  for  the  purpose  of  this  act,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  and 
district  in  which  such  land  or  other  property  is  situated  a 
description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  was 
taken,  which  statement  shall  be  signed  by  the  water  com- 
missioners hereinafter  provided  for. 

Section  3.     Said  town,  for  the  purpose  aforesaid,  may  May  bore  weiu 
bore   or  drive   wells,  construct   aqueducts,  and  maintain  aqueducts. 
dams,  reservoirs,  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  dis- 
continue 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  town  may  also,  for  the  purposes 
aforesaid,  carry  any  pipe,  drain  or  aqueduct  over  or  under 
any  water  course,  street,   railroad,  public  way,  highway 
or   other   way  in    such    manner  as  not   unnecessarily  to 
obstruct  the  same,  and  may  enter  upon  and  dig  up  such  ^ydljup"^'"" 
road,  street  or  way  for  the  purpose  of  laying  down,  main-  roads. 
taining  or  repairing  any  pipe,  drain  or  aqueduct,  and  may 
do  any  other  thing  necessary  and  proper  in  executing  the 
purposes  of  this  act. 


1088 


1889.  —  Chapter  405. 


Liability  of 
town  for 
damages. 


Application  for 
damage  not  to 
be  made  until 
water  is 
diverted. 


Reading  Water 
Loan  not  to 
exceed  §100,000. 


Sinking  fund  to 
be  established. 


Section  4.  Said  town  shall  be  liable  to  pay  all  dam- 
ages sustained  by  any  persons  or  corporations  by  the 
taking  of  or  injury  to  any  of  their  land,  water,  water 
rights,  rights  of  way,  easements  or  property,  or  by  the 
constructing  or  repairing  of  any  aqueduct,  reservoir  or 
other  works  for  the  purposes  aforesaid.  Any  person  or 
corporation  sustaining  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  town  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken  for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  three  years  from  the  taking 
of  such  land  or  other  property,  or  the  doing  of  other 
injury,  under  the  authority  of  this  act ;  but  no  such 
applica,tion  shall  be  made  after  the  expiration  of  said  three 
years. 

Section  5.  No  application  shall  be  made  to  the  court 
for  the  assessment  of  damages  for  the  taking  of  any  water 
rights,  or  for  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  said  town  under  the  authority 
of  this  act. 

Section  6.  The  said  town  may,  for  the  purpose  of 
paying  the  necessary  expenses  and  lia])ilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  one  hundred  thousand  dollars;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words, 
Reading  Water  Loan  ;  shall  be  payable  at  the  expiration 
of  periods  not  exceeding  thirty  years  from  the  date  of 
issue ;  shall  bear  interest  payable  semi-annually  at  a  rate 
not  exceeding  six  per  centum  per  annum,  and  shall  be 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  water  commissioners.  The  said  town  may  sell  such 
securities  at  public  auction  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terras  and  conditions  as  it  may  deem  proper : 
provided^  that  such  securities  shall  not  be  sold  or  pledged 
at  less  than  the  par  value  thereof.  The  said  town  shall 
pay  the  interest  on  said  loan  as  it  accrues,  and  shall  pro- 
vide at  the  time  of  contracting  said  loan  for  the  establish- 
ment of  a  sinking  fund,  and  shall  annually,  after  the 
expiration  of  five  years  from  the  first  issuance  of  said  loan, 
contribute  to  such  fund  a  sum  sufficient  with  the  accumu- 
lations thereof  to  pay  the  principal  of  said  loan  at  maturity. 


1889.  — Chapter  405.  1089 

The  said  sinking  fund  shall  remain  inviolate  and  pledged 
to  the  payment  of  said  loan,  and  shall  be  used  for  no  other 
purpose. 

Sectiox  7.     The  said  town    instead  of  establishing  a  May  provide  for 

•     1   •  X'        1  J.    ji         i-  X*  il         •    •  '11  proportioniite 

smkmg  fund  may,  at  the  time  ot  authorizmg  said  loan,  paymints 
provide  for   the  payment   thereof  in  such  proportionate  luhfngsfnkiug^" 
payments,  after  the  expiration  of  live  years  from  the  first  ^"'"^• 
issuance  of  said  loan,  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act ;  and  when  such  vote  has 
been    passed   the   amount  required  shall  without  further 
vote    he  assessed   by  the  assessors  of  said  town  in  each 
year  thereafter  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the   same  manner  as  other  taxes  are 
assessed,   under   the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Sectiox  8.     The  return  required  by  section  ninety-one  Return  to  eute 
of  chapter  eleven  of  the  Public   Statutes  shall  state  the  hl^^fmid!  etc", 
amount  of  sinking  fund  established  under  this  act,  and  if  established. 
none    is    established,  whether  action    has    been   taken  in 
accordance  with  the  provisions  of  the  preceding  section, 
and  the  amount  raised  and   applied   thereunder   for  the 
current  year. 

Section  9.     The    said   town    shall    raise    annually  by  May  raise  by 
taxation  a  sum  which,  with  the  income  derived  from  the  euffiden'tfc*'' 
water  rates,  will  be  sufficient  to  pay  the  current  annual  expen^lsanT' 
expenses  of  operating  its  water  works,  and  the  interest  as  interest. 
it  accrues  on  the  bonds,  notes  and  scrip  issued  as  aforesaid 
by  said  town,  and  to  make  such  contributions  to  the  sink- 
ing fund  and  payments  on  the  principal  as  maybe  required 
under  the  provisions  of  this  act. 

Section  10.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  mpihigoT'" 
this  act,  or  injures  any  structure,  work  or  other  property  diverting  water, 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the  above  wilful  or  wanton  acts  shall  be  pun- 
ished by  a  fine  not  exceeding  three  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year. 

Section  11.     The  said  town  shall,  after  the  acceptance  Board  of  water 
of  this  act,  at  a  legal  meeting  called  for  the  purpose,  elect  to  be  elected/ 
by  ballot  three  persons  to  hold  office,  one  until  the  expi- 
ration of  three  years,  one  until  the  expiration  of  two  years, 


1090 


1889.  —  Chapter  406. 


Subject  to 
acceptance  by 
a  two-thirds 
vote  within 
three  years. 


and  one  until  the  expiration  of  one  year  from  the  next 
succeedino-  annual  town  meetins:,  to  constitute  a  board  of 
water  commissioners  ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  l>y  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  town  by  this  act,  and  not  otherwise  specially  provided 
for,  shall  be  vested  in  said  board  of  water  commissioners, 
who  shall  be  su1)ject  however  to  such  instructions,  rules 
and  regulations  as  said  town  may  impose  by  its  vote  ;  the 
said  commissioners  shall  be  trustees  of  the  sinking  fund 
herein  provided  for,  and  a  majority  of  said  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business 
relative  both  to  the  water  works  and  to  the  sinking  fund  ; 
any  vacancy  occurring  in  said  board  from  any  cause  may 
l)e  tilled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  town  meeting  called  for  the  purpose. 

Section  12.  This  act  shall  take  eliect  upon  its  accept- 
ance by  a  two-thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  legal  town  meeting  called 
for  the  purpose  within  three  years  from  its  passage  ;  but 
the  number  of  meetings  so  called  in  any  year  shall  not 
exceed  three.  Ajoprovecl  June  4,  1889. 


CllClV  406   ^^  "^^^  RELATING  TO  COMPOSITION  WITH  CREDITORS 

Be  it  enacted,  etc.,  as  foUoios : 


IN   INSOLVENCY. 


Composition 
with  creditors 
iu  insolvency, 
proof  of  claims, 
etc. 


Discharge  to 
dissolve  attach- 
ment on  mesne 
process  made 
within  four 
months. 


Debtor  to  be 
present  at  hear- 
ing and  may  be 
examined. 


Section  1.  In  proceedings  in  insolvency  under  chap- 
ter two  hundred  and  thirty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four  and  amendments  thereto, 
when  no  warrant  is  issued,  the  date  of  giving  notice  by 
the  register  to  the  creditors  of  the  debtor's  proposal  of 
composition  as  required  by  law  shall  have  the  same  effect 
in  respect  to  the  proof  of  claims  and  the  debtor's  discharge 
as  the  date  of  the  first  publication  of  issuing  the  warrant 
in  voluntary  cases  in  insolvency. 

Section  2.  The  discharge  granted  by  the  court  under 
chapter  two  hundred  and  thirty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four  and  amendments  thereto 
shall  be  effectual  to  dissolve  any  attachment  on  mesne 
process  made  not  more  than  four  months  prior  to  the  time 
of  giving  notice  by  the  register  to  the  creditors  of  the 
debtor's  proposal  of  composition  as  required  by  law. 

Section  '6.  Section  six  of  chapter  two  hundred  and 
thirty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  is  hereby  amended  to  read  as  follows  :  —  The 


1889.  — Chapters  407,  408.  1091 

debtor  shall  be  present  at  the  hearing  and  may  then  be 
examined  by  the  court  or  by  any  creditor  touching  his 
estate  or  his  dealings  therein,  and  all  pertinent  evidence 
may  be  offered.  At  any  time  before  the  hearing  is  closed  ^cation^^oVhis'^' 
the  debtor  may  file  any  modification  of  his  proposal,  which  proposal. 
shall  thereafter  be  considered  as  the  proposal.  Upon  the 
filing  of  any  such  modification  the  court  shall  order  a 
hearing  thereon  as  early  as  may  be,  of  which  the  register 
shall  send  notice  by  mail,  postpaid,  to  all  known  creditors 
not  less  than  seven  days  before  the  day  appointed  therefor, 
stating  the  substance  of  the  proposal.  This  hearing  shall 
be  adjourned  in  accordance  with  section  two  of  chapter 
three  hundred  and  fifty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-fipur,  the  provisions  of  which 
section  shall  apply  in  all  cases  where  a  modified  ofler  is 
made  as  aforesaid. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Apinoved  June  4,  1889. 

An  Act  to  extend  the  time  for  the  construction  of  certain  p/,^^^  i  r)7 

BRIDGES   ACROSS   NAVIGABLE   RIVERS   IN   THE   TOM'^N   OF    FALMOUTH.  ^ 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  authority  given  by  chapter  one  hun-  Act  revived 
dred  and  twenty-five  of  the  acts  of  the  year  eighteen  "" 
hundred  and  seventy-seven,  to  construct  a  bridge  across 
the  rivers  in  the  town  of  Falmouth  named  in  said  act,  is 
hereby  revived  and  extended  for  the  term  of  five  years 
from  the  passage  of  this  act,  subject  to  the  provisions  of 
chapter  nineteen  of  the  Public  Statutes. 

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

Approved  June  4,  1889. 


Chap  408 


An  Act  in  relation  to  the  officers  of  the  Massachusetts 
reformatory. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  officers  of  the  Massachusetts  reform-  officers  at 
atory  at  Concord  shall  consist  of  one  superintendent,  one  reformatory"^ 
deputy  superintendent,  one  instructor,  one  physician,  one 
clerk,  four  turnkeys,  one  engineer,  and  as  many  watchmen 
as  the  superintendent,  subject  to  the  approval  of  the  com- 
missioners of  prisons,  may  deem  necessaiy,  but  shall  not 
exceed  forty-six  in  number. 

Section  2.    The  superintendent  of  said  reformatory  shall  salaries. 
receive  a  salary  of  thirty-five  hundred  dollars  a  year  ;  the 


1092  1889.  —  Chapter  409. 

Salaries.  instructoi',    a   saUiiy   of   two   thousand    dollars    a   year ; 

the  physician,  a  salary  of  one  thousand  dollars  a  year. 
The  officers  appointed  by  the  superintendent  shall  receive 
annual  salaries  herein  respectively  set  forth  as  follows,  to 
wit :  —  the  deputy  superintendent,  two  thousand  dolhirs  a 
year  ;  the  clerk,  two  thousand  dollars  a  year  ;  the  engineer, 
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  three 
years,  eight  hundred  dollars  ;  any  ^\^atchman  who  has  been 
in  said  service  for  three  years  and  less  than  six  years,  one 
thousand  dollars ;  any  watchman  who  has  been  in  said 
service  for  six  years,  twelve  hundred  dollars  ;  but  this 
shall  not  apply  to  those  officers  of  the  reformatory  in  ser- 
vice at  the  passage  of  this  act,  known  as  watchmen,  so  far 
as  reducing  any  of  their  salaries  is  concerned.  In  fixing 
the  rate  of  compensation  of  the  officers  as  aforesaid  pre- 
vious service  in  any  prison  of  the  Commonwealth  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  superintendent 
and  deputy  superintendent  sufficient  house  room  with 
fuel  and  lights  for  themselves  and  their  families.  The 
salaries  hereby  authorized  shall  take  eft'ect  on  the  first  day 
of  April  in  the  year  eighteen  hundred  and  eighty-nine. 

Repeal.  Sectiox  3.     All  acts  and  parts  of  acts  inconsistcnt  witli 

this  act  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1889. 

ChctD.4:0Q  An  Act  to  change  the   name   of   the   Suffolk   trust   and 

INVESTMENT     COMPANY. 

Be  it  enacted,  etc.,  as  follows: 
xamechnnged        xiic  uamc  of  the  Suflolk  Trust  and  Investment  Com- 
company.         pauy,  incorporated  by  chapter  two  hundred  and  forty-one 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
is  hereby  changed  to  Suffolk  Trust  Compan3\ 

Approved  Jxine  4,  1889. 


1889.  — Chapters  410,  411.  1093 


An  Act  to  authokize  the  marine  society  at  salem  to  accept  (J]inyy  ±\C\ 

THE    trust    created    BY    THE    WILL    OF     HENRY    BARR     AND     TO 
ADMINISTER   THE   SAME. 

Be  it  enacted^  etc.,  as  folloios : 

Section  1.  The  Marine  Society  at  Salem  may,  if  ap-  Jiay accept  trust 
pointed  thereto  by  the  supreme  judicial  court,  accept  the  win  of  Henry 
trust  created  by  the  will  of  Henry  Barr,  late  of  Salem  in 
the  Commonwealth  of  Massachusetts,  which  was  proved 
and  allowed  by  the  probate  court  for  the  county  of  Essex 
on  the  sixteenth  day  of  August  in  the  year  eighteen  hun- 
dred and  thirty-six,  for  the  purpose  of  erecting  and  sup- 
porting a  bethel  church  in  said  Salem  for  the  accommodation 
of  seamen  to  have  the  gospel  preached  to  them,  to  hold 
the  property  by  said  will  bequeathed,  and  to  administer 
the  trust  in  accordance  with  said  will. 

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

Approved  June  4,  1889. 

An  Act  to  incorporate  the  city  of   pittsfield. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Pittsfield  j^e'iJ °//'"*" 
shall,  in  case  of  the  acceptance  of  this  act  by  the  voters  rated, 
of  said  town  as  hereinafter  provided,  continue  to  be  a 
body  politic  and  corporate  under  the  name  of  the  city  of 
Pittsfield,  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  and  incumbent  upon  the  said  town  as  a  municipal  cor- 
poration. 

Section  2.  The  administration  of  all  the  fiscal,  pru-  ooverument 
dential  and  municipal  affairs  of  said  city,  with  the  govern-  mayor."he^* 
ment  thereof,  shall  be  vested  in  one  officer  to  be  called  board  of  aid-er- 

.  11111  ipii  men  and  the 

the  mayor,  one  council  to  be  called  the  board  of  aldermen  common  coun- 

and  one  council  to  be  called  the  common  council ;  which 

councils  in  their  joint  capacity  shall  be  denominated  the 

city  council.     The  general  management  and  control  of  the 

public  schools  of  said    city  shall   be  vested   in   a  school  school com- 

'■  .  ''  raittt-e. 

committee. 

Section  3.  The  territory  of  said  city  shall  be  divided  seven  wards. 
into  seven  Avards  as  hereinafter  provided. 

Section  4.     The   municipal  election  shall  take   place  Election  on  first 
annually   on    the  first   Tuesday    of    December,   and   the  December 


Chcqj.4:ll 


1094 


1889.  — Chapter  411. 


Officers  to  be 
chosen  at  the 
municipal  elec- 
tion. 


Vacancies. 


Election  of 
national,  slate, 
county  and  dis- 
trict officers. 


Ward  rooms 
for  holding 
meetings. 


municipal  year  shall  begin  on  the  first  Monday  of  Janu- 
ary following.  All  meetings  of  the  citizens  for  municipal 
purposes  shall  be  called  by  warrants  issued  by  order  of 
the  mayor  and  board  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. 

Section  5.  At  such  municipal  election  the  qualified 
voters  shall  give  in  their  votes  by  ballot  for  mayor,  alder- 
men, common  councilmen  and  school  committee  in  accord- 
ance with  the  provisions  of  this  act  and  the  laws  of  the 
Commonwealth.  Any  person  receiving  the  highest  number 
of  votes  for  any  ofiice  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  recjuired  to  be  chosen,  receiving  the  highest 
number  of  votes  shall  be  deemed  and  declared  to  be  elected, 
and  each  person  so  elected  shall  be  notified  of  his  election 
in  writing  by  the  city  clerk.  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  qualify- 
ing, or  if  a  vacancy  in  said  office  shall  occur  subsequently, 
the  board  of  aldermen  shall  cause  warrants  to  be  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  repeated  until  the  election  of  a  mayor  is 
completed.  If  the  full  number  of  members  of  either 
branch  of  the  city  council  shall  fail  to  be  elected,  or  a 
vacancy  shall  occur  in  either  branch,  such  branch  shali 
declare  a  vacancy  or  vacancies  to  exist,  and  thereupon  the 
board  of  aldern/en  shall  cause  a  new  election  to  be  held  to 
fill  the  same.  The  person  thus  elected  to  fill  a  vacancy 
shall  hold  the  office  for  the  remainder  of  the  term. 

Section  6.  All  meetings  for  the  election  of  national, 
state,  county  and  district  officers  shall  be  called  by  the 
mayor  and  board  of  aldermen  in  the  same  manner  as 
meetings  for  municipal  elections  are  called. 

Section  7.  The  board  of  aldermen  may,  when  no 
convenient  ward  room  for  holding  the  meeting  of  the 
citizens  of  any  ward  can  be  had  within  the  territorial 
limits  of  such  ward,  appoint  and  direct,  in  the  warrant 
for  calling  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  purposes  the  place 
so  assigned  shall  be  deemed  and  taken  to  be  a  part  of  the 
ward  for  which  the  election  is  held. 


1889.  —  Chapter  411.  1095 

Section  8.  General  meetings  of  the  citizens  qualified  ,^gg'o7cj™^eng 
to  vote  may  from  time  to  time  be  held  according  to  the  may  be  held. 
rights  secured  to  the  people  by  the  constitution  of  this 
Commonwealth,  and  such  meetings  may,  and  upon  request 
in  writing  of  fifty  qualified  voters  setting  forth  the  pur- 
poses thereof  shall,  be  duly  called  by  the  mayor  and 
board  of  aldermen. 

Sectiox  9.     The  mayor  shall  be  elected  by  the  quali-  ^^^eforth'J'' 
fied  voters  of  the  entire  city,  and  shall  hold  ofiice  for  the  municipal  year 
municipal  year  beginning  with  the  first  Monday  in  January  cesU'r  is  elected 
next  succeeding  the  election   and  until  his   siTccessor  jg '''°'' i"''"'*'^''- 
elected  and  qualified.     He  shall  be  the   chief  executive 
officer  of  the  city,  and  it  shall  be  his  duty  to  be  active  and 
vioilant  in  causing  the  laws,  ordinances  and  regulations 
of  the  city  to  be  enforced  and  to  keep  a  general  supervision 
over   the   conduct   of  all  subordinate  officers.     He  shall 
have  the  power  of  veto  provided  by  general  law.     He  may  May  suspend 
suspend  any  ofl5cer,  and  may  suspend  any  work  or  payment  wo^rk!'^'^^'  *^'^ 
whether  on  contract  or  otherwise  for  a  period  not  exceed- 
ing seven  days,  but  in  such  case  he  shall  report  his  action 
with  his  reasons  therefor  to  the  city  council,  Avhich  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  caus- 
ing notice  to  be  left  at  the  usual  place  of  residence   of 
each  member  of  the  board  or  boards  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  boards,  but  shall  have  no  vote  except  in  case  of  an 
equal  division.     He  shall  receive  a  salary  of  one  thousand  Salary. 
dollars,  and  the  same  shall  be  payable  at  stated  periods. 
He  shall  receive  no  other  compensation  for  his  services. 

Section  10.     The  mayor  shall  appoint,  subject  to  the  Mayor  to 
confirmation  or  rejection  of  the  board  of  aldermen,  a  city  to''co'ntiimation, 
marshal  or  chief  of  police,  and  such  number  of  other  police  auli'c'ouftawls. 
ofiiccrs  and  constables  as  the  city  council  shall  determine. 
The  chief  of  police  and  all  other  police  officers  shall  hold 
ofiice   during  good  behavior  and   until  removed   by  the 
mayor   with  the  concurrence  of  the  board  of  aldermen 
after  hearing,  for  cause  in  their  opinion  sufficient.     The 
board  of  aldermen  may  require  any  person  who  may  be 


1096 


1889.  —  Chapter  411. 


Vacancy  in 
oflice  of  mayor 


One  alderman 
and  two  coun- 
cil men,  to  be 
elected  by  and 
from  each  ward, 


Meeting  for 
organization  on 
the  first  Monday 
in  January. 


Organization  of 
common  coun- 
cil. 


appointed  a  chief  of  police  or  constable  to  give  a  bond, 
with  such  security  and  t-o  such  an  amount  as  they  may 
deem  reasonable  and  proper,  for  the  faithful  discharge  of 
the  duties  of  the  office,  upon  which  bonds  like  proceedings 
and  remedies  may  be  had  as  are  by  law  provided  in  case  of 
constables'  bonds  taken  by  the  selectmen  of  towns.  The 
compensation  of  the  police  and  other  subordinate  officers 
shall  be  fixed  l)y  concurrent  vote  of  the  city  council. 

Section  11.  Whenever  there  shall  be  a  vacancy  in 
the  office  of  mayor,  or  whenever  by  reason  of  sickness, 
absence  frohi  the  city  or  other  cause,  the  mayor  shall  be 
disabled  from  attending  to  the  duties  of  his  office,  th<e 
president  of  the  board  of  aldermen  shall  act  as  mayor  and 
possess  all  the  rights  and  powers  of  mayor  during  such 
vacancy  or  disability. 

Section  12.  One  alderman  shall  be  elected  by  and 
from  the  qualified  voters  of  each  ward.  Two  common 
councilmen  shall  be  elected  by  and  from  the  qualified 
voters  of  each  ward.  No  person  shall  be  eligible  for 
election  as  alderman  or  common  councilman  who  is 
not  at  the  time  of  his  election  a  resident  of  the  ward 
from  Avhich  he  is  chosen,  but  a  removal  subsequently 
to  another  ward  of  said  city  shall  not  disqualify  any 
such  officer  from  dischar2:ino:  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  respectively 
until  a  majority  of  the  succeeding  boards  shall  be  elected 
and  qualified.  They  shall  be  sworn  to  the  faithful  dis- 
charge of  their  duties  and  they  shall  receive  no  compen- 
sation for  their  services.  A  majority  of  each  board  shall 
constitute  a  quorum  for  the  transaction  of  business. 

Section  13.  On  the  first  Monday  of  January  at  ten 
o'clock  in  the  forenoon,  the  maj^or,  alderaaen  and  common 
councilmen  elect  shall  meet  in  joint  convention,  when  they 
shall  he  swoi-n  to  the  faithful  discharo;e  of  the  duties  of 
their  respective  offices.  The  oath  may  be  administered 
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  com- 
mon council  by  their  respective  clerks.  After  the  oath 
has  been  administered  as  aforesaid  the  two  boards  shall 
separate.  The  common  council  shall  be  organized  by  the 
choice  of  a  president,  and  clerk,  to  hold  their  offices  re- 


1889.  —  Chapter  411.  1097 

spectively  during  the  municipal  year.  The  clerk  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  his  com- 
pensation shall  be  fixed  by  concurrent  vote  of  the  city 
council.     The  board  of  aldermen  shall  choose  a  president,  organization  of 

■,(,■,-,  board  of  alder- 

who  shall  preside  at  meetmgs  oi  the  board  ot  aldermen  men. 
and  of  the  two  councils  in  joint  convention  in  the  absence 
of  the  mayor.     In  case  of  the  absence  of  the  mayor  elect 
on  the  first  Monday  of  January,  or  if  the  mayor  shall  not 
have  been  then  elected,  the  city  council   shall  organize 
itself  in  the  manner  hereinbefore  provided,  and  may  pro- 
ceed to  business  in  the  same  manner  as  if  the  mayor  were 
present,  and  the  oath  of  ofiice  may  at  any  time  thereafter 
be  administered  to  the  mayor  and  any  member  of  the  city 
council  who  has  been  previously  absent  or  has  been  sub- 
sequently elected,  and  every  oath  shall  be  duly  certified 
as  aforesaid.     Each  board  shall  keep  a  record  of  its  own  Record  of  pro- 
proceedings  and  be  the  judge  of  the  election  of  its  own  *='^"''°=«- 
members. 

Section  14.  The  city  clerk  shall  have  charge  of  all  Duties  of  city 
journals,  records,  papers  and  documents  of  the  city,  sign 
all  warrants  issued  by  the  mayor  and  aldermen  and  do 
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  shall 
engross  all  the  ordinances  passed  by  the  city  council  in  a 
book  provided  for  that  purpose,  and  shall  add  proper  in- 
dexes, which  book  shall  be  deemed  a  public  record  of  such 
ordinances.  He  shall  perform  such  other  duties  as  are 
required  by  law  or  shall  be  prescribed  by  the  board  of 
aldermen.  In  case  of  the  temporary  absence  of  the  city 
clerk,  the  mayor,  with  the  consent  of  the  board  of  alder- 
men, may  appoint  a  clerk  pro  tempore,  who  shall  be  duly 
qualified. 

Section  15.    The  executive  power  of  said  city  generally.  Executive 
with  all  the  powers  heretofore  vested  by  special  statute  in  jtrmayorami 
the  selectmen  of  the  town  of  Pittsfield,  and  in  the  officers  '''''ennen. 
of  the  Pittsfield  fire  district,  and  in  the  selectmen  of  towns 
generally  by  the  laws  of  the  Commonwealth,  shall  be  vested 
in  and  exercised  by  the  mayor  and  aldermen  as  fully  as 
if  the  same  were  herein  specially  enumerated,  except  as 
herein  otherwise  provided. 

Section    16.     The  cit}^  council    shall    appropriate  an- city  comicii  to 
nually  the  amount  necessary  to  meet  the  expenditures  of  "ppropdauons. 


1098 


1889.  —  Chapter  411. 


Appropiialion 
for  a  city  hall  or 
for  location  of 
such  building 
subject  to  ratifi- 
cation by  the 
voters. 


Nominations  to 
be  made  by 
mayor,  subject 
to  contirmalion 
by  aldermen. 


City  council 
may  make 
ordlnnnceB,  etc., 
and  afiix  penal- 
ties. 


the  city  for  the  current  municipal  year ;  and  such  appro- 
priations shall  not  be  increased  except  by  a  vote  of  two- 
thirds  of  each  board  voting  by  yeas  and  nays.  It  shall 
take  care  that  no  money  is  paid  from  the  treasury  unless 
granted  or  appropriated,  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  a  schedule  of  all  city  prop- 
erty and  of  the  city  debt.  It  shall  have  the  care  and 
superintendence  of  the  city  buildings  and  the  custody, 
management  and  disposal  of  all  city  property.  Any 
appropriation  made  by  the  city  council  for  the  erection  of 
a  city  hall  or  for  land  for  a  location  for  such  building 
shall  be  subject  to  ratification  by  the  legal  voters  of  the 
city,  voting  in  their  respective  wards  or  precincts,  at  an 
annual  municipal  election.  The  city  council  shall  also 
have  the  sole  care,  superintendence  and  management  of 
the  public  grounds  belonging  to  said  city,  and  of  all  the 
shade  and  ornamental  trees  standino-  and  oro wins  thereon, 
and  also  of  all  the  shade  and  ornamental  trees  standing 
and  growing  in  or  upon  any  of  the  public  streets  and  high- 
ways of  said  city. 

Section  17.  In  all  cases  in  which  appointments  are 
directed  to  be  made  by  the  mayor  and  aldermen  the  mayor 
shall  have  the  exclusive  power  of  nomination,  wdiich  nomi- 
nation shall  be  subject  however  to  confirmation  or  rejection 
by  the  board  of  aldermen.  If  a  person  so  nominated  be 
rejected  the  mayor  shall  make  another  nomination  within 
ten  days  from  the  time  of  such  rejection.  Ko  person  shall 
be  eligil>le  by  appointment  or  election  by  the  mayor  and 
aldermen  or  city  council  to  any  office  of  emolument  the 
salary  of  which  is  payable  out  of  the  city  treasury,  who  at 
the  time  of  such  election  or  appointment  shall  be  a  member 
of  the  city  council.  All  sittings  of  the  mayor  and  alder- 
men, of  the  common  council  and  of  the  city  council  shall 
be  public,  except  the  sittings  of  the  mayor  and  aldermen 
when  they  are  engaged  in  executive  business. 

Section  18.  The  city  council  shall  have  power  within 
said  city  to  make  and  establish  ordinances  and  by-laws  and 
to  affix  thereto  penalties  as  herein  and  by  general  law  pro- 
vided without  the  sanction  of  any  court  or  justice  thereof: 


1889.  — Chapter  411.  1099 

provided,  hoirever,  that  all  laws  and  regulations  now  in 
force  in  the  "town  of  Pittsfield  and  in  the  fire  district  in 
the  town  of  Pittsfield  shall,  until  they  shall  expire  by 
their  own  limitation  or  be  revised  or  repealed  by  the 
city  council,  remain  in  force.  All  fines  and  forfeitures  for 
the  breach  of  any  by-law  or  ordinance  shall  be  paid  into 
the  city  treasury.  Complaint  for  the  breach  of  any  ordi- 
nance or  by-law  may  be  made  by  the  mayor  or  any  head 
of  a  department,  or  by  any  resident  of  the  city. 

Section  19.     The  city  council  shall,  with  the  approval  ^reeuami 
of  the  mayor,  have  exclusive  authority  and  power  to  order  ^a^ys.  etc.  with 

,,.''  ,  .  '',.'..  p  approval  of 

the  laynig  out,  locatmg  anew,  or  discontmumg  ot,  or  mayor. 
making  specific  repairs  in,  all  streets  and  ways,  and  all 
highways  within  the  limits  of  said  city,  and  to  assess  the 
damages  sustained  thereby  ;  but  all  questions  relating  to 
the  subjects  of  laying  out,  altering,  repairing  or  discon- 
tinuing any  street,  way  or  highway  shall  first  be  acted 
upon  by  the  mayor  and  aldermen.  Any  person  aggrieved  Right  of  appeal, 
by  any  proceedings  of  the  city  council  under  this  provision 
shall  have  all  the  rights  and  privileges  now  allowed  by 
law  in  appeals  from  the  decisions  of  selectmen  or  road 
commissioners  of  towns. 

SECTiOiSr  20.     Neither  the  mayor,  members  of  the  city  Purchase  of 
council,  members  of  city  boards,  or  any  officer  of  the  city  *"pp'®** 
shall  directly  or  indirectly  contract  wnth  or  purchase  from 
himself  or  any  firm  with  which  he  is  connected  supplies, 
material  or  labor  on  account  of  or  for  the  use  of  the  city. 

Sectiox  21.     The  city  council  shall   annually,  as  soon  Election  of  city 

•  •11         clerk    trensursr 

after  their  organization  as  may  be  convenient,  elect  by  collector  of 

joint  ballot  in  convention  a  city  treasurer,  a  collector  of  soTi^cUorl^eic. 

taxes  and  a  city  clerk,  and  by  concurrent  vote  may  elect  a 

city  physician,  a  city  solicitor  and  city  auditor,  who  shall 

be  legal  voters,  and  shall  hold  their  offices  for  the  term  of 

one  year  from  the  first   Monday  in  February  then  next 

ensuing  and  until  others  shall  be  elected  and  qualified  in 

their  stead  :  provided,  however,  that  either  of  the  officers 

named  in  this  section  may  be  removed  at  any  time  by  the  Removal. 

city  council  for  sufficient  cause.     Vacancies  occurring  in  vacancies. 

the  above  named  offices  may  be  filled  at  any  time  in  the 

same  manner  for  the  unexpired  term.     The  compensation  compensuuou. 

of  the  officers  mentioned  in  this  section  shall  be  fixed  by 

concurrent  vote  of  the  city  council. 

Section  22.     The   city    council    may    establish    a   fire  Fire  depart. 
department  for  said  city,  to  consist  of  a  chief  engineer  and  '"siabusi^ieu."^ 


1100 


1889.  — Chapter  411. 


Fire  depart- 
ment. 


City  council 
may  establish 
flreiimils. 


Assessors  of 
taxes  to  l)e 
elected  by  city 
council. 


of  as  many  assistant  engineers,  enginemen,  hosemen,  hook- 
and-ladder  men  and  assistants  as  the  city  council  by  ordi- 
nance shall  from  time  to  time  prescribe  ;  and  said  council 
shall  have  authority  to  fix  the  time  of  their  appointment 
and  the  term  of  their  service,  to  define  their  office  and 
duties  and  in  general  to  make  such  regulations  concerning 
the  pay,  conduct  and  government  of  such  department,  the 
management  of  fires  and  the  conduct  of  persons  attending 
fires,  as  they  may  deem  expedient,  and  may  fix  such  penal- 
ties for  any  violation  of  such  regulations  or  any  of  them 
as  are  provided  for  the  breach  of  the  ordinances  of  said 
city.  The  appointment  of  all  the  officers  and  members  of 
such  department  shall  be  vested  in  the  mayor  and  alder- 
men, exclusively,  who  shall  also  have  authority  to  remove 
from  office  any  officer  or  member  for  cause  sufficient  in 
their  discretion.  The  engineers  so  appointed  shall  be  the 
firewards  of  the  city,  but  the  mayor  and  aldermen  may 
appoint  additional  firewards.  The  compensation  of  the 
department  shall  be  fixed  by  concurrent  vote  of  the  city 
council. 

Section  23.  The  city  council  shall  have  power  to 
establish  fire  limits  within  the  city  and  from  time  to  time 
change  or  enlarge  the  same  ;  and  by  ordinance  they  may 
regulate  the  construction  of  all  buildings  erected  within 
said  fire  limits,  stipulating  their  location,  size  and  the 
material  of  which  they  shall  be  constructed,  together  with 
snch  other  rules  and  regulations  as  shall  tend  to  prevent 
damage  by  fire ;  provided  that  such  rules  and  regulations 
shall  not  be  inconsistent  with  the  laws  of  this  Common- 
wealth. 

Section  24.  The  city  council  first  elected  after  the 
acceptance  of  this  act  shall  in  the  month  of  January  choose 
by  concurrent  vote  by  ballot  three  persons  to  be  assessors 
of  taxes,  to  serve,  one  for  the  term  of  three  years,  one 
foi-  the  term  of  two  years  and  one  for  the  term  of  one  year 
beginning  with  the  first  Monday  in  February  then  next 
ensuing  and  until  their  respective  successors  are  chosen 
and  qualified  ;  and  thereafter  the  city  council  shall  annually 
in  the  month  of  January  choose  in  the  same  manner  one 
person  as  assessor,  who  shall  hold  office  for  the  term  of 
three  years  beginning  with  the  first  Monday  in  February 
then  next  ensuing  and  until  another  is  chosen  and  qualified 
in  his  stead.  The  city  council  shall  annually  in  the  month 
of  January  choose  by  concurrent  vote  one  person  from 


1889.  — Chapter  411.  1101 

each  ward  to  be  an  assistant  assessor  for  one  year  begin-  Assistant 
ning  with  the  first  Monday  in  Feln'uary  then  next  ensuing  "**^^*°''^- 
and  until  his   successor  is  elected  and  qualified ;   and  it 
shall  be  the  duty  of  the  persons  so  elected  to  furnish  the 
assessors  with  all  necessary  information  relative  to  persons 
and   property  taxable    in   their   respective    wards.     Any 
vacancy  occurring  in    the    office    of  assessor  or  assistant  vacancies. 
assessor   may  be  filled  by  concurrent  ballot  of  the  city 
council  for  the  unexpired  term.     The  compensation  of  the 
assessors  and  assistant  assessors  shall  be  fixed  by  concur- 
rent vote  of  the  city  council. 

Section  25.     The  city  council  first  elected  under  this  overseers  of  the 
act  shall,  as  soon   after  its   organization  as  may  be  con-  elected  by  the 
venient,  elect   by  concurrent   ballot   three  persons,  -legal  "'y  <=°"'^<='i- 
voters  of  said  city,  to  constitute  a  board  of  overseers  of 
the  poor  in  said  city,  to  serve  one  for  three  years,  one  for 
tAvo  years  and  one  for  one  year  from  the  first  Monday 
of  February  then  next  ensuing  and  until  their  respective 
successors  are  elected    and  qualified  ;  and  thereafter  the 
city  council   shall  annually  in  the  month  of  January  elect 
m  the  same  manner  one  person,  a  legal  voter  of  said  city, 
to  serve  for  the  term  of  three  years  from  the  first  Monday 
of  February  then   next  ensuing  and  until  his   successor 
shall  be  elected.     Said  board  of  overseers  shall  organize  organization. 
annually   by   the   choice    of  a    chairman,  and   they  may 
annually  elect,  but  not  one  of  their  own  number,  a  super-   . 
intendent  who  shall  serve  as  clerk  of  the  board  and  who 
may  be  removed  by  the  board ;  the  compensation  of  the 
superintendent  shall  be  fixed  by  concurrent  vote  of  the 
city  council ;  the  members  of  the  board  shall  serve  without 
compensation. 

Sectiox  26.     The  city  council  first  elected  under  this  Board  ot  pubii. 

,11,  I  •       j^      i'i         -i  •  works  to  be 

act  snail,  as  soon  as  may  be  convenient  atter  its  organiza-  elected  by  the 
tion,  elect  by  concurrent  ballot  three  persons,  legal  voters  *="^y  <=o"""'- 
of  said  city,  to  constitute  a  board  of  public  works,  to  serve 
one  for  three  years,  one  for  two  years  and  one  for  one  year 
from  the  first  Monday  of  February  then  next  ensuing  and 
until  their  respective  successors  are  elected  ;  and  there- 
after the  city  council  shall  annually  in  the  month  of  January 
elect  in  the  same  manner  one  person,  a  legal  voter  of  said 
city,  to  serve  on  said  board  for  the  term  of  three  years  from 
the  first  Monday  of  February  next  ensuing  and  until  his 
successor  is  elected.  Said  board  of  public  works  shall 
be  organized  annually  by  the  choice  of  a  chairman ;  they  organization. 


1102 


1889.  —  Chapter  411. 


Vacancies. 


To  serve  with- 
out corupeusa- 
tion. 


shall  annually  appoint  a  clerk  to  be  under  the  direction 
and  control  of  said  board,  and  may  appoint,  but  not  from 
their  own  number,  a  superintendent  and  as  many  assist- 
ant superintendents  as  the  city  council  by  ordinance  shall 
from  time  to  time  prescribe  ;  said  board  may  remove,  for 
sufficient  cause,  such  clerk,  superintendent  or  assistant 
superintendents.  The  compensation  of  such  clerk,  super- 
intendent and  assistant  superintendents  shall  be  fixed  by 
concurrent  vote  of  the  city  council.  Any  vacancy  occur- 
ring in  said  board  may  be  filled  by  concurrent  ballot  of 
the  city  council.  The  city  council  may  at  any  time  remove 
any  member  of  said  board.  The  members  of  said  board 
shall  serve  without  compensation.  Said  board  of  public 
works  shall  have  cognizance,  direction  and  control  of  the 
water  works  and  its  appurtenances,  of  the  highways, 
streets,  sidewalks,  common  sewers  and  main  drains  ;  of 
the  construction,  alteration,  repair,  care  and  lighting  of 
streets,  ways  and  sidewalks ;  of  the  construction,  altera- 
tion, repair  and  care  of  public  buildings,  except  that  the 
care  of  all  school  buildings  shall  remain  under  the  control 
of  the  school  committee,  and  the  care  of  the  Berkshire 
athenaeum  shall  remain  under  the  control  of  the  board  of 
trustees  of  said  athenasum ;  of  the  construction,  altera- 
tion, repair  and  care  of  public  sewers  and  drains ;  of  the 
construction,  alteration,  repair,  care  and  maintenance  of 
pul)lic  bridges.  Said  board  shall  perform  such  further 
duties,  not  inconsistent  with  the  nature  of  their  office,  as 
the  city  council  may  prescribe.  Said  board  shall,  upon 
heiitofore"^^'^*  t^®  acccptaucc  of  this  act,  have  all  the  powers,  jurisdio- 
vested  in  the  tlou  and  authority  heretofore  vested  in  the  water  commis- 
sioners of  the  sioners  of  the  fire  district  in  the  town  of  Pittsfield.  So 
and  the  comrais-  mucli  of  chaptcr  ouc  hundred  and  twenty  of  the  acts  of 
wa"k8!e°c^,"in'  thc  year  eighteen  hundred  and  seventy-eight,  entitled 
Pitt8fleid.°^  "  -"^^  -^^^  relating  to  sidewalks,  common  sewers  and  main 
drains  in  the  fire  district  in  the  town  of  Pittsfield ",  as 
l^i'ovides  for  the  election  of  a  board  of  commissioners  of 
sidewalks,  common  sewers  and  main  drains  in  said  fire 
district,  shall,  upon  the  first  day  of  January  next  after 
the  acceptance  of  this  act  as  herein  provided,  be  repealed, 
and  all  the  jurisdiction,  powers  and  authority  conferred 
in  said  act  upon  said  board  of  commissioners  shall  be 
vested  in  said  board  of  public  works,  except  the  collec- 
tion of  assessments,  fines  and  penalties  provided  for  in 
said  act,  and  such  collections  shall  be  made  by  the  col- 


1889.  — Chapter  411.  1103 

lector  of  taxes  of  said  city.  All  provisions  of  law  appli- 
cable to  tlie  collection  of  city,  county  and  state  taxes  shall 
apply  to  the  collection  of  assessments  under  said  act. 
Said  board  shall  in  o-eneral,  except  as  otherwise  herein  To  have  powers 

.  ,      ,       ,  ,*-'    .        .  ^,  11  1   .       ,    of  road  comrais- 

provided,  have,  exclusively,  the  powers  and  be  subject  sionersof 
to  the  duties,  liabilities  and  penalties  which  are  or  may  ^°^'°^- 
by  law  be  given  to  or  imposed  upon  road  commissioners 
of  towns. 

Sectiox  27.  The  city  council  first  elected  under  this  Board  of  health. 
act  shall,  as  soon  as  convenient  after  its  organization, 
elect  by  concurrent  ballot  three  persons,  legal  voters  of 
said  city,  to  constitute  a  board  of  health,  to  serve  one  for 
three  years,  one  for  two  years  and  one  for  one  year  from 
the  first  Monday  of  February  then  next  ensuing  and  until 
their  respective  successors  are  elected  ;  and  thereafter  the 
city  council  shall  annually  in  the  month  of  January  elect 
in  the  same  manner  one  person,  a  legal  voter  of  said  city, 
to  serve  as  a  member  of  said  board  of  health  for  the  term 
of  three  years  from  the  first  jNlonday  of  February  then 
next  ensuing  and  until  his  successor  shall  be  elected. 
Elections  shall  be  so  made  that  one  member  at  least  of  One  member  to 
said  board  shall  be  a  physician.  The  compensation  of 
the  board  shall  be  fixed  by  concurrent  vote  of  the  city 
council. 

Section  28.     The  city  council  first  elected  under  this  commissioners 

,      ,     Ti  "^ ,  .        ,       ,.,         .,  .  of  sinking  fund. 

act  shall,  as  soon  as  may  be  convenient  alter  its  organiza- 
tion, elect  by  concurrent  ballot  three  persons,  legal  voters 
of  said  city,  to  constitute  a  board  of  commissioners  of 
the  sinking  fund  of  the  city  of  Pittsfield,  to  serve  one 
for  three  years,  one  for  two  years  and  one  for  one  year 
from  the  first  Monday  of  February  then  next  ensuing  and 
until  their  respective  successors  are  elected ;  and  there- 
after the  city  council  shall  annually  in  the  month  of  Jan- 
uary elect  in  the  same  manner  one  person,  a  legal  voter 
of  said  city,  to  serve  on  said  board  of  commissioners 
for  the  term  of  three  years  from  the  first  Monday  of 
February  then  next  ensuing  and  until  his  successor  is 
elected.  Said  board  shall  serve  without  compensation,  To  serve  wuh. 
and  shall  have  all  the  powers  and  be  subject  to  all  the  "^^^^^^'^p'^"*'''- 
laws  relating  thereto.  Said  sinking  fund  of  the  town  of 
Pittsfield,  from  and  after  the  acceptance  of  this  act  by 
the  legal  voters  of  said  town,  shall  be  and  be  known  as 
the  sinking  fund  of  the  city  of  Pittsfield  ;  and  said  city 
of  Pittsfield  is  hereby  given  all  the  rights  and  privileges 


1104 


1889.  — Chapter  411. 


Vacancies. 


School  com 
mittee. 


and  made  subject  to  all  the  duties  and  liabilities  hereto- 
fore given  to  or  imposed  upon  the  town  of  Pittsfield  in 
reference  thereto. 

Sectiox  29.  Any  vacancy  occurring  in  either  of  the 
boards  established  under  the  provisions  of  the  five  pre- 
ceding sections  of  this  act  may  be  filled  by  the  city  council 
voting  by  concurrent  ballot  at  any  time  for  the  unexpired 
term  ;  and  any  member  of  either  of  said  boards  may  at  any 
time  be  removed  by  the  city  council  for  sufficient  cause. 

Section  30.  The  school  committee  shall  consist  of 
the  mayor,  ex  officio,  who  shall  be  chairman  of  the  board, 
and  fourteen  other  persons,  inhabitants  of  said  city,  of 
whom  two  shall  be  elected  by  ballot  from  each  ward  by 
the  qualified  voters  in  said  ward.  At  the  first  election 
under  this  act  there  shall  be  so  elected  members  from 
wards  one  and  two  to  serve  for  the  term  of  three  years 
beginning  with  the  first  Monday  of  January  then  next 
ensuing,  from  wards  three  and  four,  members  to  serve  for 
the  term  of  two  years  beginning  with  the  first  Monday  of 
January  then  next  ensuing,  and  from  wards  five  and  six 
members  to  serve  for  the  term  of  one  year  beginning  with 
the  first  Monday  of  January  then  next  ensuing,  and  from 
Ward  seven,  members  to  serve  one  for  the  term  of  two 
years  and  one  for  the  term  of  three  years  beginning  with 
the  first  Monday  of  January  then  next  ensuing.  And  at 
each  subsequent  election  there  shall  be  chosen  members  to 
hold  their  office  for  the  term  of  three  years  as  successors 
of  and  from  the  same  wards  as  those  whose  term  of  office 
expires  at  the  expiration  of  the  then  municipal  year.  Any 
vacancy  occurring  in  said  committee  may  be  filled  by  ballot 
for  the  remainder  of  the  municipal  year  by  the  joint  ballot 
of  the  city  council  and  school  committee  in  convention  ; 
and  for  the  unexpired  time  thereafter  shall  be  filled  at 
the  first  municipal  election  after  such  vacancy  occurs.  The 
members  of  the  committee  shall  serve  without  compensa- 
tion. Said  committee  shall  annually  elect  one  of  their 
number  chairman  to  serve  in  the  absence  of  the  mayor. 
Said  committee  shall  annually  appoint  one  of  their  num- 
ber to  attend  the  meetings  of  the  board  of  aldermen  and 
common  council  for  the  purpose  hereinafter  mentioned, 
and  said  committee  shall  annually  appoint  a  secretary, 
one  of  their  number,  who  shall  be  under  their  direction 
upermtendent  and  coutrol.  They  shall  annually  appoint,  but  not  of 
their  own  number,  a  superintendent  of  the  schools.     The 


Vacancies. 


Members  to 
serve  without 
compensation 


of  schools. 


1889.  — Chapter  411.  1105 

committee  shall  fix  the  salaries  of  such  secretary  and 
superintendent,  and  may  remove  them  for  sufficient  cause. 
All  the  I'ights  and  obligations  of  said  town  of  Pittsfield 
in  relation  to  schools  and  the  grant  and  appropriations  of 
money  for  the  support  of  schools,  and  the  special  powers 
and  aathority  heretofore  conferred  by  law  upon  the  in- 
habitants of  said  town  to  raise  money  for  the  support 
of  schools  therein,  shall  be  merged  in  the  powers  and 
obligations  of  the  city. 

Section  31.     The  chairman  of  the  board  of  overseers  chairman  of 
of  the  poor,  of  the  board  of  public  works  and  the  member  poor  and 
of  the  school  committee  appointed  for  that  purpose  shall,  nc  woJk8°anT  ' 
respectively,  be  entitled  to  seats  with  the  board  of  alder-  gchoorcom- 
men  and  common  council,  and  shall  have  the  right  to  dis-  miueetohave 

'  ^  .  ~  Beats  with  alder- 

cuss  all  matters  relatino-  to  their  respective  departments  of  men  and  com- 

/T>-  1  -i,!  -ivj  i  j^i  1111        mon  council 

city  aiiau's,  but  without  the  right  to  vote;  they  shall  be  without  right 

notified  in  like  manner  with  members  of  the  two  boards  of 

all  special  meetings  of  said  boards.     Every  officer  of  the 

city,  except  the  mayor,  shall  at  the  request  of  the  board 

of  aldermen  or  common  council  appear  before  them  and 

give  such  information   as  they  may  require,  and  answer 

such  questions  as  may  be  asked  in  relation  to  any  matter, 

act  or  thing  connected  with  his  office  or  the  discharge  of 

the  duties  thereof. 

Section  32.  All  general  laws  in  force  in  the  town  of  j^'»j^«^^fo'^°^«jj_ 
Pittsfield  when  this  act  shall  be  accepted  as  herein  pro-  tinue  m  city. 
vided,  and  all  special  laws  heretofore  passed  with  reference 
to  said  town  of  Pittsfield  and  which  shall  the  a  have  been 
duly  accepted  by  said  town,  and  which  shall  be  then  in 
force  therein  shall,  until  altered,  amended  or  repealed, 
continue  in  force  in  the  city  of  Pittsfield,  so  far  as  the 
same  are  not  inconsistent  herewith. 

Section  33.     All  special  laws  heretofore  passed  con-  Laws  in  force 
cerning  the  fire  district  in  the  town  of  Pittsfield,  which  to  continue  in 
shall  be  in  force  in  said  fire  district  when  this  act  shall  be  "^^' 
accepted  as  herein  provided,  shall,  so  far  as  the  same  are 
not   inconsistent   herewith,  be    extended  to    and   be  and 
continue  in  force  in  the  city  of  Pittsfield  until  altered, 
amended  or  repealed. 

Section  34.     Upon  the  first  day  of  January  next  after  Firedistrictto 

DC  ui8B0lV6Q> 

the  acceptance  of  this  act,  as  herein  provided,  the  fire 
district  in  said  town  shall  be  dissolved,  and  its  powers  and 
privileges  and  duties  and  liabilities  shall  vest  in  and  be 
assumed  and   discharged    by  the   said  city  of  Pittsfield. 


1106 


1889.  —  Chapter  411. 


Rights  or  legal 
pioceedingsnot 
to  be  affected. 


Territory  to  be 
divided  into 
seven  wards. 


Polling  places 
to  be  provided. 


Seleetmen  to 
fiotify  mayor, 
9tc.,  elect. 


The  property  of  said  fire  district  upon  the  first  day  of 
January  next  after  the  accejitance  of  this  act  shall  vest  in 
and  become  the  property  of  the  city  of  Pittsfield  ;  and  the 
existing  debts  and  legal  contracts  of  said  district  shall  be 
assumed  by  said  city  of  Pittsfield  upon  the  first  day  of 
January  next  after  the  acceptance  of  this  act :  j^^'ovided, 
that  the  said  district  shall,  as  to  its  creditors,  continue 
liable  to  pay  all  its  existing  debts  and  to  perform  all  its 
legal  contracts. 

Section  35.  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  this  act 
shall  go  into  operation,  and  no  penalty  or  forfeiture  pre- 
viously incurred  shall  be  affected  hereby.  All  persons 
holding  office  in  said  town  or  in  the  fire  district  in  said 
town  at  the  time  this  act  shall  take  effect  shall  continue  to 
hold  the  same,  notwithstanding  the  passage  hereof,  until 
the  organization  of  the  city  government  hereby  authorized 
shall  be  effected,  and  until  the  successors  of  such  officers 
shall  be  respectively  elected  and  qualified. 

Section  36.  Upon  an  acceptance  of  this  act,  as  herein 
provided,  the  selectmen  of  said  town  shall  forthwith  divide 
the  territory  thereof  into  seven  wards,  so  that  they  shall 
contain,  as  nearly  as  may  be  consistent  with  well  defined 
limits  to  each,  an  equal  nuinljer  of  voters  in  each  ward, 
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- 
da}^  of  December  next  succeeding  such  acceptance,  pro- 
vide suitable  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  elec- 
tion 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  town  clerk  shall 
perform  the  duties  therein  assigned  to  city  clerks.  The 
registrars  of  voters  shall  cause  to  be  prepared  and  pub- 
lished lists  of  the  qualified  voters  in  each  of  the  wards 
established  by  the  selectmen. 

Section  37.  The  selectmen  shall  notify  the  persons 
elected  mayor,  aldermen  and  common  councilmen  severally 


1889.  — Chapter  411.  1107 

of  their  election,  and  shall  provide  and  appoint  a  place  for 
the  first  meeting  of  the  aldermen  and  common  council  on 
the  first  Monday  in  January  next  ensuing,  and  by  written 
notices  left  at  their  respective  residences  at  least  twenty- 
four  hours  prior  to  such  meeting  shall  notify  thereof  the 
mayor  elect,  aldermen  elect  and  common  councilmen  elect, 
who  shall  immediately  proceed  to  organize  and  carry  into 
eifect  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  for  the  first  meeting 
of  the  school  committee,  and  notify  the  members  elect 
thereof.  Xothing  herein  shall  affect  the  annual  meetino; 
in  said  town  for  the  election  of  national,  state,  district  and 
county  officers  which  may  be  held  after  the  acceptance 
thereof. 

Section  38.  A  meeting  may  be  called  for  the  purpose  Meeting  for 
of  submitting  the  question  of  the  acceptance  of  this  act  to  que^iouo"" 
the  legal  voters  of  said  town  at  any  time  after  the  passage  acceptance. 
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  general  court 
in  the  year  eighteen  hundred  and  eighty-nine,  entitled  'An 
Act  to  incorporate  the  city  of  Pittsfield,'  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  called  this  act  shall 
fail  to  be  thus  accepted,  it  may  at  the  expiration  of  one 
year  from  any  such  previous  meeting  be  again  thus  sub- 
mitted for  acceptance,  but  not  after  the  period  of  three 
years  from  the  passage  thereof. 

Section  39,     So  much  of  this  act  as  authorizes  the  Submission  of 
submission  of  the  question  of  its  acceptance  to  the  legal  accppunceto 
voters  of  said  town  shall  take  effect  upon  its  passage,  but  up'^o^./^aTeage. 
it  shall   not  take  further  effect  unless  accepted   by  the 
legal  voters  of  said  town  as  herein  prescribed. 

Approved  June  5,  1889. 


1108 


1889.  — Chapter  412. 


Officers  of  the 
stiiie  iiiiBon. 


Salaries. 


(7/lff?9.412  '^N  Act  in  relation  to  the  officers  of  the  state  prison  at 

BOSTON. 

Be  it  enacted,  etc. ,  as  folloius  : 

Section  1.  The  officers  of  the  state  prison  at  Boston 
shall  consist  of  one  warden,  one  deputy  warden,  one  chap- 
lain, one  physician  and  surgeon,  one  clerk,  one  engineer, 
four  turnkeys  and  as  many  watchmen  as  the  w^arden,  sub- 
ject 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  a 
salary  of  thirty-five  hundred  dollars  a  year;  the  chaplain, 
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  annual 
salaries  herein  respectively  set  forth  as  follows,  to  wit :  — 
the  deputy  warden,  two  thousand  dollars  ;  the  clerk,  two 
thousand  dollars ;  the  engineer,  fifteen  hundred  dollars ; 
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 
prison  for  less  than  three  years,  eight  hundred  dollars ; 
any  watchman  who  has  been  in  said  service  for  three  years 
and  less  than  six  years,  one  thousand  dollars ;  any  watch- 
man who  has  been  in  said  service  for  six  years,  twelve 
hundred  dollars.  But  this  shall  not  apply  to  those  officers 
of  the  state  prison  in  service  at  the  date  of  the  passage  of 
this  act,  know^n  as  watchmen,  so  far  as  reducing  any  of 
their  salaries  is  concerned.  In  fixing  the  rate  of  the  com- 
pensation of  the  officers  as  aforesaid,  previous  service  in 
any  prison  of  the  Commonwealth  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  w^arden  and  deputy  w arden 
sufficient  house  room  with  fuel  and  lights  for  themselves 
and  their  families.  The  salaries  hereby  authorized  shall 
take  effect  on  the  first  day  of  April  in  the  year  eighteen 
hundred  and  eighty-nine. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1889. 


Repeal. 


1889.  —  CiiAPTEK  413.  1109 


An  Act  to  amend  an  act  to  provide  for  printing  and  dis-  nhnn  ■i\^ 

TRIBUTING   BALLOTS   AT   THE   PUBLIC   EXPENSE   AND   TO    REGULATE  -^ 

VOTING   AT   STATE   AND   CITV   ELECTIONS. 

Be  it  enacted,  etc.,  as  foHoivs: 

Section  four  of  chapter  four  hundred  and  thirty-six  of  ^^g®°^^*°^*^° 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
amended  by  inserting  after  the  word  "  residence  "  in  the 
nineteenth  line  thereof,  the  words  :  —  with  the  street  and 
number  thereof,  if  any,  —  and  b}^  adding  at  the  end  of 
the  section  the  words:  —  and  he  shall  also  add  his  post 
office  address.  Section  five  of  said  chapter  is  amended 
by  inserting  after  the  words  "his  place  of  residence"  in 
the  sixth  line,  the  words:  —  and,  in  case  of  a  nomina- 
tion for  a  city  office.  Section  seven  of  said  chapter  is 
amended  by  adding  at  the  end  thereof  the  words  :  —  and 
to  any  party  committee  known  to  the  secretary  or  clerk, 
as  the  case  may  be,  as  specially  interested  in  the  nomina- 
tion. It  shall  be  proper  for  the  officers  above  named,  in 
the  decision  of  any  question  as  to  the  proper  political  or 
party  designation  of  candidates,  to  distinguish  between 
candidates  nominated  by  certificates  of  nomination,  and 
those  nominated  by  nomination  papers.  Section  ten  of 
said  chapter  is  amended  by  inserting  at  the  beginning 
thereof  the  words  :  —  All  ballots  for  use  in  state  elections 
shall  be  prepared  l)y  the  secretary  of  the  Commonwealth, 
and  all  ballots  for  use  in  city  elections  shall  be  prepared 
by  the  clerks  of  the  several  cities  respectively,  —  by 
striking  out  in  the  fourth  and  fifth  lines  thereof  the  words 
"residences,  together  with  street  and  numl^er,  if  any, 
and  the  party  or  political  designation "  ;  by  inserting 
after  the  words  "  political  designation"  in  the  twelfth  line 
thereof,  the  words: — The  name  of  the  city  or  town  in 
which  the  candidate  resides  shall  be  added  to  the  name 
of  each  candidate  on  ballots  for  state  offices,  and  the 
street,  with  street  number,  if  any,  on  which  a  candidate 
resides  shall  be  added  to  the  name  of  each  candidate  on 
liallots  for  city  offices  ;  and  there  shall  also  be  added  to 
all  the  names  of  candidates  their  part}''  or  political  desig- 
nation,—  by  inserting  in  the  thirty-seventh  line  thereof 
after  the  words  "  The  ballot  shall  be  "  ,  the  word  :  —  sub- 
stantially,—  and  by  inserting  in  the  fiftieth  line  thereof 
after  the  words  "  such  use  only  "  ,  the  words  :  —  and  shall 
be  on  tinted  paper,  but  of  a  different  tint  from  that  of 


1110  1889.  — Chapter  413. 

Amenamentsto  specimen    ballots.     Section    eleven    of    said    chapter    is 

1S88    436 

amended  by  inserting  in  the  third  line  thereof  after  the 
words  "convenient  numbers  in",  the  word  :  —  packages. 
Section  twelve  of  said  chapter  is  amended  by  striking 
out  in  the  eleventh  line  thereof  after  the  word  "  Com- 
monwealth ",  the  words  "fourteen  days",  and  inserting 
in  place  thereof  the  words  :  —  at  such  time  as  he  shall 
require,  —  and  by  striking  out  at  the  end  thereof  the 
words  "  and  in  cities  the  number  of  women  so  registered 
as  voters."  Section  fourteen  of  said  chapter  is  amended 
by  striking  out  in  the  second  line  thereof  the  word  "  six", 
and  inserting  in  place  thereof  the  word  :  —  five.  Section 
sixteen  of  said  chapter  is  amended  by  striking  out  at  the 
end  of  the  first  sentence  the  words  "  one  set  forty-eight 
hours  at  least  previous  to  the  day  of  election,  and  the 
other  set  tw^enty-foui*  hours  at  least  previous  thereto", 
and  inserting  in  i)lace  thereof  the  words  :  —  twelve  hours 
at  least  previous  to  the  day  of  election.  Section  twenty- 
one  of  said  chapter  is  amended  by  striking  out  in  the 
seventeenth  line  thereof  the  word  "ten",  and  inserting 
in  place  thereof  the  word  :  —  five.  Section  twenty-three 
of  said  chapter  is  amended  by  adding  at  the  end  thereof 
the  words:  —  and  of  other  sections  relative  to  the  duties 
of  election  officers.  Section  twenty-six  of  said  chapter 
is  amended  by  adding  at  the  6nd  thereof  the  words  :  —  as 
required  by  section  twenty-four.  Section  twenty-seven 
of  said  chapter  is  amended  by  inserting  in  the  fourth  line 
thereof  after  the  words  "how  he  is  about  to  vote",  the 
words :  —  or  place  any  distinguishing  mark  upon  his 
ballot,  —  and  by  inserting  in  the  ninth  line  thereof  after 
the  words  "has  marked  his  ballot",  the  words:  —  or 
otherwise  violate  any  provision  of  this  act.  Section 
twenty-nine  of  said  chapter  is  amended  by  inserting  in 
the  fourth  line  thereof  after  the  word  "  withdrawal",  the 
words  :  —  or  sign  any  such  certificate  or  paper  contrary 
to  the  provisions  of  this  act, — and  ]>y  inserting  in  the 
tenth  line  thereof  after  the  words  "  deface  any  l)allot", 
the  words  :  —  or  shall  take  or  remove  any  ballot  outside 
of  the  enclosure  provided  for  voting  before  the  close  of 
the  polls.  So  that  said  chapter,  as  amended,  shall  read 
as  follow^s  :  — 
Ballot  for  use  Sectioii  1.     All  ])allots   cast  in  elections  for  national, 

•in  national,  ,         .  .  .    .  ,  r. 

stale,  city, etc.,    gtatc,  district  and  county  officers  in  cities  and  towns  after 
be  printed  and    the  first  day  of  November  in  the  year  eighteen  hundred 


1889.  —  Chapter  413.  1111 

and  eighty-nine,  and  all  ballots  cast  in  municipal  elections  distributed  at 
in  cities  after  that  date,  shall  be  printed  and  distributed  at  ^"'  ^  expense. 
public  expense,  as  hereinafter  provided.  The  printing  of 
the  ballots  and  cards  of  instructions  to  voters  shall  in 
municipal  elections  in  cities  be  paid  for  by  the  several 
cities  respectively,  and  in  all  other  elections  the  printing 
of  the  ballots  and  cards  of  instructions,  and  the  delivery 
of  them  to  the  several  cities  and  towns,  shall  be  paid  for 
by  the  Commonwealth.  The  distribution  of  the  ballots  to 
the  voters  shall  be  paid  for  by  the  cities  and  towns  respec- 
tively. The  term  "state  election"',  as  used  in  this  act,  ^e^^*jfjd.^^"°^ 
shall  apply  to  any  election  held  for  the  choice  of  a  national, 
state,  district  or  county  officer,  whether  for  a  full  term  or 
for  the  filling  of  a  vacancy  ;  and  the  term  "  state  ofiicer" 
shall  apply  to  any  person  to  be  chosen  by  the  qualified 
voters  at  such  an  election.  The  term  "city  election" 
shall  apply  to  any  municipal  election  so  held  in  a  city, 
and  the  term  "  city  officer"  shall  apply  to  any  person  to 
be  chosen  by  the  qualified  voters  at  such  an  election. 

NOMINATIONS   OF    CANDIDATES. 

Section   2.      Any    convention    of    delegates,    and    any  Nomination  of 

,  .      "^         ^  ^•  f     -\  I  ^  1  '       Ci         candidates. 

caucus    or    meeting   or    qualified   voters,    as    hereinatter 
defined,  and  individual  voters  to  tlijp  number  and  in  the 
manner  hereinafter  specified,  may  nominate  candidates  for  Names  to  be 
public  office,  whose  names  shall  be  placed  upon  the  ballots  baiiots. 
to  be  furnished  as  herein  provided. 

Section  3.     Any  convention  of  deleo'ates  representing  one  candidate 

*~''  for  Giicli  onicG 

a  political   party  which,  at  the  election  next   preceding,  maybenomi- 
polled  at  least  three  per  cent,  of  the  entire  vote  cast  in  ilss,  441. 
the  state,  or  in  the  electoral  district  or  division  thereof  for 
which  the  nomination  is  made,  or  any  convention  of  dele- 
gates who  have  been  selected  in  caucuses  called  and  held 
in  accordance  with  a   special  statute  providing  therefor, 
and  any  caucus  so  called  and  held  in  any  such  electoral 
district  or  division,  may  for  the  state  or  for  the  district  or 
division  for  which  the  convention  or  caucus  is  held,  as  the 
case  may  be,  by  causing  a  certificate  of  nomination  to  be 
duly  filed,    make    one    such    nomination    for    each    office 
therein  to  be  filled  at  the  election.     Every  such  certificate  Certificate  of 
of  nomination   shall  state   such  facts  as  may  be  required 
as  above  for  its  acceptance,  and  as  are  required  in  section 
five  of  this  act ;  shall   be  signed  by  the  presiding  officer 


to 


1112 


18S9.  — Chapter  413. 


Nornination 
papers,  for 
state  at  large. 


for  districts 
or  divisions  of 
state. 


in  case  of 
first  election, 
etc. 


Women  may 

sign  nomina- 
tions for  school 
committee. 


Certificate  of 
registrars. 


One  signer  to 
swear  that 
statements  are 
true. 


Certificates  of 
nomination, 
etc.,  to  specify 
office,  etc. 


and  by  the  secretary  of  the  convention  or  caucus,  who 
shall  add  thereto  their  places  of  residence  ;  and  shall  l)e 
sworn  by  them  to  be  true  to  the  best  of  their  knowledge 
and  belief,  and  a  certificate  of  the  oath  shall  be  annexed 
to  the  certificate  of  nomination. 

Section  4.  Nominations  of  candidates  for  any  offices 
to  be  filled  by  the  voters  of  the  state  at  large  may  be 
made  by  nomination  papers  signed  in  the  aggregate  for 
each  candidate  by  not  less  than  one  thousand  qualified 
voters  of  the  state.  Nominations  of  candidates  for  elec- 
toral districts  or  divisions  of  the  state  may  be  made  by 
nomination  papers  signed  in  the  aggregate  for  each  candi- 
date by  qualified  voters  of  such  district  or  division,  not 
less  in  number  than  one  for  every  one  hundred  persons 
who  voted  at  the  next  preceding  annual  election  in  such 
district  or  division,  but  in  no  case  less  than  fifty.  In  the 
case  of  a  first  election  to  be  held  in  a  town  or  ward  newly 
established,  the  number  of  fifty  shall  be  sufficient  for  the 
nomination  of  a  candidate  who  is  to  be  voted  for  only  in 
such  town  or  ward  ;  and  in  the  case  of  a  first  election  in  a 
district  or  division  newly  established,  other  than  a  tow^n 
or  ward,  the  number  of  fifty  shall  be  so  sufficient.  Each 
voter  signing  a  nomination  paper  shall  add  to  bis  signature 
his  place  of  residence,  with  the  street  and  number  thereof, 
if  any  ;  and  each  voter  may  subscribe  to  one  nomination 
for  each  office  to  be  filled,  and  no  more.  Women  qualified 
to  vote  for  members  of  the  school  committee  may  sign 
nomination  papers  for  candidates  for  the  school  com- 
mittee. The  nomination  papers  shall,  before  being  filed, 
be  respectively  submitted  to  the  registrars  of  voters  of  the 
cities  or  towns  in  which  the  signers  purport  to  be  qualified 
voters,  and  each  registrar  to  whom  the  same  is  submitted 
shall  forthwith  certify  thereon  what  number  of  the  signa- 
tures are  names  of  qualified  voters  both  in  the  city  or  town 
for  which  he  is  a  registrar  and  in  the  district  or  division 
for  which  the  nomination  is  made  ;  one  of  the  signers  to 
each  such  separate  paper  shall  swear  that  the  statements 
therein  are  true,  to  the  best  of  his  knowledge  and  belief, 
and  the  certificate  of  such  oath  shall  be  annexed ;  and  he 
shall  also  add  his  post  office  address. 

Section  5.  All  certificates  of  nomination  and  nomina- 
tion papers  shall,  besides  containing  the  names  of  candi- 
dates, specify  as  to  each,  (1)  the  office  for  which  he  is 
nominated;   (2)  the  party  or  political  principle  which  he 


1889.  — Chaptek  413.  1113 

represents,  expressed  in  not  more  than  three  words  ;  (3) 
his  place  of  residence,  and,  in  case  of  a  nomination  for  a 
city  office,  with  street  and  number  thereon,  if  any.  In  the 
case  of  electors  of  president  and  vice-president  of  the 
United  States,  the  names  of  the  candidates  for  president 
and  vice-president  may  be  added  to  the  party  or  political 
appellation. 

Section  6.     Certificates  of  nomination  and  nomination  Certificates, 
papers  for  the  nomination  of  candidates  for  state  offices  with  sec/eta^- 
shall  be  filed  with  the  secretary  of  the  Commonwealth  at  [no^nwcSth! 
least  fourteen  days  previous  to  the  day  of  the  election  for 
which   the    candidates  are   nominated.     Such  certificates  Certificates 
and  papers  for  the  nomination  of  candidates  for  the  offices  cuy  cielk!  ^^'"' 
of  mayor  and  of  aldermen  in  cities  shall  be  filed  with  the 
city  clerks  of  the  respective  cities  at  least  ten  days  pre- 
vious to  the  day  of  such  election,  and  for  the  nomination 
of  candidates  for  all   other  city  offices  at  least  six  days 
previous  to  the  day  of  such  election. 

Section  7.     The  certificates  of  nomination  and  nomina-  certificates  to 
tion    papers  being  so   filed,   and   being  in  apparent  con-  vaiili^uiTesI 
formity  with  the  provisions  of  this  act,  shall  be  deemed  °vriung!'°'" 
to   be   valid,    unless    objection    thereto   is    duly  made  in 
writing.     Such  objections  or  other  questions    arising  in  objections,  etc., 
relation  thereto  in  the  case  of  nominations  of  state  officers  aud  declded^'iy'* 
shall  be  considered  by  the  secretary  of  the  Commonwealth  'egistiars,  etc. 
and  the  auditor  and  attorney-general,  and  the  decision  of 
the  majority  of  these  ofiicers  shall  be  final.     Such  objec- 
tions or  questions  arising  in  the  case  of  nominations  of 
city  officers  shall  be  considered  by  the  board  of  registrars 
of  voters,  together  with  the  city  clerk,  if  not  a  member 
of  such  board,  and  the  city  solicitor,  and  the  decision  of 
a  majority  of  these  officers  shall  be  final.     In  case  such  p'''°'''''f®^"'^ 

*'  *J  paity  com- 

objection  is  made  notice  shall  forthwith  be  mailed  to  the  mitt^^etobe 
candidates  affected  thereby,  addressed  to  their  residences  objectious. 
as  given  in  the  certificates  of  nomination  or  nomination 
papers,  and  to  any  party  committee  known   to  the  secre- 
tary or  clerk,  as   the  case  may  be,  as  specially  interested 
in  the   nomination.     It   shall    be  proper  for  the  officers  Party  or  poiiti- 
above  named,  in  the   decision   of  any  question  as  to  the  of  candfdTies." 
proper   political    or   party  designation    of  candidates,  to 
distinguish  between  candidates  nominated  by  certificates 
of  nomination,  and  those  nominated  by  nomination  papers. 

Section  8.     Any  person  whose  name  has  been  presented  withdrawal  of 

J    i-  I  name  of  per- 

as  a  candidate  may  cause  his  name  to  be  Avithdrawn  from  son  nominated. 


IIU 


1881).  —  Chapter  4.13. 


Certiticates  of 
noraiualiou, 
etc.,  to  be  open 
to  public  inspec- 
tion. 


nomination,  by  request  in  writing  signed  by  him  and 
acknowledged  before  an  oflBcer  qualified  to  take  acknowl- 
edgments of  deeds,  and  tiled  with  the  secretary  of  the 
Commonwealth  ten  days  or  with  the  proper  city  clerk  five 
days,  as  the  case  may  be,  previous  to  the  day  of  election, 
and  no  name  so  withdrawn  shall  be  printed  upon  the  bal- 
lots. No  nomination  published  and  posted  as  herein  pro- 
vided shall  be  subsequently  omitted  as  invalid. 

Section  9.  All  certificates  of  nomination  and  nomination 
papers  when  filed  shall  be  open  under  proper  regulations 
to  public  inspection,  and  the  secretary  of  the  Common- 
wealth and  the  several  city  clerks  shall  preserve  the  same 
in  their  respective  offices  not  less  than  five  years. 


Ereparaiion  of 
ballots. 


Ger.eral  ballots. 


FORM    or    BALLOTS. 

Section  10.  All  ballots  for  use  in  state  elections  shall 
be  prepared  by  the  secretary  of  the  Commonwealth,  and 
all  ballots  for  use  in  city  elections  shall  be  prepared  by  the 
clerks  of  the  several  cities  respectively.  Every  general 
ballot,  or  ballot  intended  for  the  use  of  all  male  voters, 
which  shall  be  printed  in  accordance  with  the  provisions 
of  this  act,  shall  contain  the  names  of  all  candidates  whose 
nominations  for  any  offices  specified  in  the  ballot  have 
been  duly  made  and  not  withdrawn  in  accordance  here- 
with, and  shall  contain  no  other  names  :  except  that  in 
the  case  of  electors  of  president  and  vice-president  of  the 
United  States  the  names  of  the  candidates  for  president 
and  vice-president  may  be  added  to  the  party  or  political 
designation  :  the  name  of  the  city  or  town  in  which  the 
candidate  resides  shall  be  added  to  the  name  of  each  can- 
didate on  ballots  for  state  offices ;  and  the  street,  with 
street  number,  if  any,  on  which  a  candidate  resides,  shall 
be  added  to  the  name  of  each  candidate  on  ballots  for  city 
offices  ;  and  there  shall  also  be  added  to  all  the  names  of 
candidates  their  party  or  political  designation.  The 
names  of  candidates  for  each  office  shall  be  arranged  under 
the  designation  of  the  office  in  alphabetical  order,  accord- 
ing to  surnames,  except  that  the  names  of  candidates  for 
the  offices  of  electors  of  president  and  vice-president  shall 
be  arranged  in  groups,  as  presented  in  the  several  certifi- 
cates of  nomination  or  nomination  papers.  There  shall 
be  left  at  the  end  of  the  list  of  candidates  for  each  differ- 
ent office  as  many  blank  spaces  as  there  are  persons  to  be 


1889.  —  Chapter  413.  1115 

elected  to  such  office,  in  which  the  voter  may  insert  the 
name  of  any  person,  not  i)rinted  on  the  hallot,  for  whom 
he  desires  to  vote  as  candidate  for  such  office.     Whenever  Constitutional 
the  approval  of  a  constitutional  amendment  or  other  ques-  '''"''"  mcut.ec. 
tion  is  submitted  to  the  vote  of  the  people,  such  questions 
shall   be  printed  upon  the  ballot  after  the  list  of  candi- 
dates.    Special  ballots  in  cities,  containing  only  the  names  Baiiota  for  uBe 
of  candidates  for  the  school  committee,  shall  also  be  pre-  for'schJorcom-^ 
pared  in  like  manner  and  printed  for  the  use  of  women  '^'^^^«- 
qualified   according  to   law  to  vote  for  members   of  the 
school  committee.     The  ballots  shall  be  so  printed  as  to  size,  form, 
give  to  each  voter  a  clear  opportunity  to  designate  by  a  o^baitotl.'^"''^'^ 
cross  mark  [x]  in  a  sufficient  margin  at  the  right  of  the  is84, 2y9,  § .2V. 
name  of  each  candidate  his  choice  of  candidates  and  his 
answer  to  the  questions  submitted  ;  and  on  the  ballot  may 
be  printed  such  words  as  will  aid  the  voter  to  do  this,  as, 
"vote  for  one,"  "vote  for  three,"  "yes,"  "no,"  and  the 
like.     The  ballot  shall  be  substimtially  of  the  length  now 
required  by  law,  and  two  or  more  times  such  width.     Be- 
fore distribution  the  ballots  shall  be  so  folded  in  marked  Ballots  to  be 

folded  in 

creases  that  their  width  and  length  when  folded  shall  be  marked 
those  of  the  ballot  now  required  by  law.  On  the  back 
and  outside,  when  folded,  shall  be  printed  "Official  Bal- 
lot for",  followed  by  the  designation  of  the  polling  place 
for  which  the  ballot  is  prepared,  the  date  of  the  election, 
and  a  fac  simile  of  the  signature  of  the  secretary  of  the 
Commonwealth  or  city  clerk  who  has  caused  the  l)allot  to 
be  printed.  The  special  ballots  printed  in  cities  for  the 
use  of  women  qualified  to  vote  for  school  committee  shall 
contain  the  additional  endorsement  that  they  are  for  such 
use  only,  and  shall  be  on  tinted  paper,  l)ut  of  a  different 
tint  from  that  of  specimen  ballots.  Except  as  otherwise 
herein  provided,  ballots  shall  be  printed  in  accordance 
with  the  existing  provisions  of  law. 

Section  11.     All  ballots  when  printed  shall  be  folded  p^'l'^^^Job® 

^  .  fastened 

as  hereinlietore  provided  and  fastened  together  m  conven-  together  in  cou- 

,  ,  .     ^  ,  ,         ,  1  1       l"'      •  1  venieut  pack- 

lent  numliers  in  packages,  books  or  blocks,  in  such  manner  ages,  etc. 
that  each  ballot  may  be  detached  and  removed  separately. 
A  record  of  the  number  of  ballots  printed  and  furnished 
to  each  polling  place  shall  be  kept  and  preserved  by  the 
secretary  of  the  Commonwealth  and  the  several  city 
clerks. 

Section  12.     There  shall  be  provided  for  each  voting  Two  sets  of 
place,  at  which  an  election  is  to  be  held,  two  sets  of  such  provided  fol- 


1116 


1889.  —  Chapter  413. 


each  voting 
place. 


ITumber  of  reg- 
istered voters 
to  be  certified 
to  the  secretarj- 


Cards  of  instruc- 
tions to  be  fur- 
nished with 
ballots. 


Ten  or  more 
specimen  bal- 
lots to  be  fur- 
nished for  each 
voting  place. 


Secretary  to 
transmit  lists 
of  names,  etc  , 
of  candidates 
to  registrars 
of  voters. 


Registrars  to 
cause  li«t8  to 
be  posted. 


general  ballots,  each  of  not  les.s  than  one  hundred  for  every 
fifty  and  fraction  of  tifty  registered  male  voters  therein  ; 
and  likewise  two  sets  of  such  special  ballots,  each  of  not 
less  than  one  hundred,  for  every  fifty  and  fraction  of  fifty 
women  qualified  to  vote  for  school  committee  therein  ; 
and  it  shall  be  the  duty  of  the  registrars  of  voters  in  each 
city  or  town  in  which  an  election  for  state  ofiicers  is  to  be 
held  to  certify  to  the  secretary  of  the  Commonwealth  at 
such  time  as  he  shall  require  previous  to  any  such  election 
the  numl)er  of  male  registered  voters  in  each  voting  pre- 
cinct or  in  each  town  which  is  not  divided  into  voting 
precincts. 

INFORMATION    TO    VOTERS. 

Section  13.  The  secretary  of  the  Commonwealth,  in 
case  of  a  state  election,  and  the  several  city  clerks,  in  case 
of  city  elections,  shall  prepare  full  instructions  for  the 
guidance  of  voters  at  such  elections,  as  to  obtaining  bal- 
lots, as  to  the  manner  of  marking  them,  and  the  method 
of  gaining  assistance,  and  as  to  obtaining  new  ballots  in 
place  of  those  accidentally  spoiled,  and  they  shall  respec- 
tively cause  the  same,  together  with  copies  of  sections 
twenty-seven,  twenty-eight,  twenty-nine  and  thirty  of 
this  act,  to  be  printed  in  large,  clear  type,  on  separate 
cards,  to  be  called  cards  of  instructions  ;  and  they  shall 
respectively  furnish  the  same  and  the  ballots  for  use  in 
each  such  election.  They  shall  also  cause  to  be  printed 
on  tinted  paper,  and  without  the  fac  simile  endorsements, 
ten  or  more  copies  of  the  form  of  the  ballot  provided  for 
each  voting  place  at  each  election  therein,  which  shall  be 
called  specimen  ballots,  and  shall  be  furnished  with  the 
other  ballots  provided  for  each  such  voting  place. 

Section  14.  The  secretary  of  the  Commonwealth  shall, 
five  days  at  least  previous  to  the  day  of  any  election  of  state 
officers,  transmit  to  the  registrars  of  voters  in  each  city 
and  town  in  which  such  election  is  to  be  held,  printed  lists 
containing  the  names,  residences  and  party  or  political 
appellations  of  all  candidates  nominated  as  herein  pro- 
vided for  such  election  and  to  be  voted  for  at  each  polling- 
place  in  each  such  city  and  town  respectively,  substantially 
in  the  form  of  the  general  ballot  to  be  so  used  therein ; 
and  the  registrars  of  voters  shall  immediately  cause  the 
lists  for  each  town  or  voting  precinct,  as  the  case  may  be, 
to  be  conspicuously  posted  in  one  or  more  public  places 


1889.  —  Chapter  413.  1117 

in  such  town   or  voting  precinct.     The  secretary  of  the  secretary  to 
Commonwealth  shall   likewise  cause  to  be  pul)lished  prior  nomrnatioVs  to 
to  the  day  of  any  such  election,  in  at  least  two  news-  newspaper'e'I "" 
papers,  if  there  be   so  many,  published  in  each  county, 
representing,   so  far  as   practicable,  the   political   parties 
which,  at  the  preceding  election,  cast  the  largest  and  next 
largest  number  of  votes,  a  list  of  all  the  nominations  made 
as  herein  provided  and  to  he  voted  for  in  such  county,  so 
far  as  may  be,  in  the  form  in  which  they  shall  appear  upon 
the  general  ballots. 

Section  15.     The  city  clerk  of  each  city  shall  four  days  citycierkto 
at  least  prior  to  the  day  of  any  city  election  therein  cause  names  of  caudi. 
to  be  conspicuously  posted   in  one  or  more  public  places  posled!"^" '°  '^'^ 
in  each  voting  precinct  of  such  city  a  printed  list  contain- 
ing the  names,  residences  and  party  or  political  appella- 
tions of  all  candidates  nominated,  as  herein  provided,  and 
to  be  voted  for  in  such  precinct,  substantially  in  the  form 
of  the  general  ballot  to  be  so  used  therein  ;  and  he  shall 
likewise  cause  to  be  published,  prior  to  the  day  of  such  •^"Jewspapers* 
election,  in  at  least  two  newspapers,  if  there  be  so  many, 
published   in  such   city,  representing  the  political  parties 
which  cast  at  the  preceding  election  the  largest  and  next 
largest  number  of  votes,  a  list  of  all  the  nominations  made, 
as  herein  provided,  and  to  be  voted  for  in  such  city,  so 
far  as  may  be,  in  the  form  in  which   they  shall  appear 
upon  the  general  ballots. 


DELIVERY    OF    BALLOTS    TO    CITIES    AND    TOWNS. 

Section  16.     The  secretary  of  the  Commonwealth  shall  ^a'l'dfoHMtruc. 
send,   separately  and  at    different    times    or  by  different  uon^  to  be  sent 

111  f  1  n  -iinj^       to  city  and  town 

methods,    the    two    sets  or   general    and    special    ballots,  clerks. 
together  with  the  specimen  ballots  and  cards  of  instruc- 
tions printed  by  him,  as  herein  provided,  to  the  several 
city  and  town  clerks,  so  as  to  be  received  by  them  twelve 
hours,  at  least,  previous  to  the  day  of  election.     The  same 
shall  be  sent  in  sealed  packages,  with  marks  on  the  outside 
clearly  designating  the  polling  place  for  which  they  are 
intended  and  the  number  of  ballots  of  each  kind  enclosed  ; 
and  the  respective  city  and  town  clerks  shall,  on  delivery 
to  them  of  such   packages,  return  receipts  therefor  to  the 
secretary.     The  secretary  shall  keep  a  record  of  the  time  Record  to  be 
when  and  the  manner  in  which  the  several  packages  are  ^^^' 
sent,  and  shall  preserve  for  the  period  of  one  year  the 
receipts  of  the  city  and  town  clerks. 


1118 


1889.  —  Chapter  413. 


City  clerks  to 
seuJ  ballots, 
etc.,  to  polling 
pruciucts  in 
sealed  packages. 


Clerks  to  send 
one  Bet  of 
ballots  to  each 
voting  place. 


Record  to  be 
kept. 

Seals  to  be  pub- 
licly broken. 


Cards  of  in- 
structions and 
specimen  ballols 
to  be  posted. 


Second  set  of 
ballots  to  be 
retained  until 
called  for. 


Clerk  to  procure 
and  turnish 
ballots  if 
necesaary. 


Sworn  state- 
ments to  accom- 
pany substitute 
ballots. 


Section  17.  The  two  sets  of  ballots  together  with  the 
specimen  ballots  and  cards  of  instructions  printed  by  the 
city  clerks,  as  herein  provided,  shall  be  packed  by  them 
in  separate  sealed  packages,  with  marks  on  the  outside 
clearly  designating  the  polling  precincts  for  which  they  are 
intended,  and  the  number  of  ballots  of  each  kind  enclosed. 

Section  18.  The  several  city  and  town  clerks  shall  send 
to  the  election  officers  of  each  voting  place,  before  the 
opening  of  the  polls  on  the  day  of  election,  one  set  of 
ballots  so  prepared,  sealed  and  marked  for  such  voting 
place  ;  and  a  receipt  of  such  delivery  shall  be  returned  to 
them  from  the  presiding  or  senior  election  officer  present, 
which  receipt,  with  a  record  of  the  number  of  ballots  sent, 
shall  be  kept  in  the  clerk's  office.  At  the  opening  of  the 
polls  in  each  polling  place  the  seals  of  the  packages  shall 
be  publicly  broken,  and  the  packages  shall  be  opened  by 
the  presiding  election  officer,  and  the  books  or  blocks  of 
ballots  shall  be  delivered  to  the  ballot  officers  hereinafter 
provided  for.  The  cards  of  instructions  shall  be  immedi- 
ately posted  at  or  in  each  voting  shelf  or  compartment 
provided  in  accordance  with  this  act  for  the  marking  of 
the  ballots,  and  not  less  than  three  such  cards  and  not  less 
than  five  specimen  ballots  shall  be  immediately  posted  in 
or  about  the  polling  room,  outside  the  guard,  rails.  The 
second  set  of  ballots  shall  be  retained  by  the  respective 
clerks  until  they  are  called  for  or  needed  for  the  purposes 
of  voting ;  and,  upon  the  requisition  in  writing  of  the 
presiding  election  officer  of  any  voting  place,  the  second 
set  of  ballots  shall  be  furnished  to  such  voting  place  in  the 
manner  above  provided  as  to  the  first  set. 

Section  19.  In  case  the  ballots  to  be  furnished  to  any 
city  or  town  or  voting  place  therein,  in  accordance  with 
the  provisions  of  this  act,  shall  fail  for  any  reason  to  be 
duly  delivered,  or  in  case  after  delivery  they  shall  be 
destroyed  or  stolen,  it  shall  be  the  duty  of  the  clerk  of 
such  city  or  town  to  cause  other  ballots  to  be  prepared 
substantially  in  the  form  of  the  ballots  so  wanting  and  to 
be  furnished ;  and  upon  receipt  of  such  other  ballots  from 
him,  accompanied  by  a  statement  under  oath  that  the  same 
have  been  so  prepared  and  furnished  by  him,  and  that  the 
orig-inal  ballots  have  so  failed  to  be  received  or  have  been 
so  destroyed  or  stolen,  the  election  officers  shall  cause  the 
ballots  so  substituted  to  be  used  in  lieu  of  the  ballots 
wanting,  as  above. 


1889.  —  Chapter  413.  1119 


ADDITIOXAL    ELECTIOX    OFFICEES. 

Section   20.      Two    inspectors,    with    two    deputy    in- Addiuonai  in- 
spectors, additional   to  those  now  provided  for,  shall  be  appoiJued"^^ 
appointed  in  each  voting  precinct  in  cities  and  in  towns  {gs^;  se!;  ||  ?;  s! 
divided  into  voting  precincts,  and  the  provisions  of  law 
relative    to   inspectors    and    deputy   inspectors    shall    be 
applicable  to   such    additional    officers.     Two  of  the  in- 
spectors acting  in  each  voting  precinct  shall  be  detailed  to 
act  as  ballot  clerks.     In  towns  not  divided  into  voting 
precincts,  two  inspectors,  with  deputy  inspectors,  shall  be 
appointed,  in  accordance  Avith  the  provisions  of  law  appli- 
cable to  such  officers  in  towns   so  divided,  and  the  two 
inspectors   thus   serving  shall   act  as  ballot  clerks.     The 
two  ballot  clerks  detailed  and  appointed  as  above  in  each  J^^havelfharge 
voting   precinct  and   town  shall   have  the  charge  of  the  of  ballots. 
ballots  therein,  and   shall   furnish  them  to  the  voters  in 
the  manner  hereinafter  set  forth.     A  duplicate  list  of  the  To  be  furnished 
qualified  voters  in  each  precinct  and  each  town  not  divided  rheck-ilsts!'' 
into   precincts  shall  ho,  prepared  for  the  use  of  the  ballot 
clerks,  and  all  the  provisions  of  law  relative  to  the  prepara- 
tion, furnishing  and  preservation  of  check-lists  shall  apply 
to  such  duplicate  lists. 

VOTING  SHELVES  OR  COMPARTMENTS. 

Section  21.     The  officers  in  each  city  or  town  whose  voting  shelves 
duty  it  is  to  designate  and  appoint  polling  places  therein  mem^ufbe 
shall  cause  the  same  to  be  suitably  provided  with  a  suffi-  8"PP''ed- 
cient  number  of  voting  shelves  or  compartments,  at  or 
in  which  voters  may  conveniently  mark  their  ballots,  so 
that  in  the  marking  thereof  they  may  be  screened  from  the 
observation  of  others  ;  and  a  guard  rail  shall  be  so  con-  Guard  rail. 
structed  and  placed  that  only  such  persons  as  are  inside 
said  rail  can  approach  within  six  feet  of  the  ballot-boxes 
and  of  such  voting  shelves  or  compartments.  The  arrange- 
ment shall  be  such  that  neither  the  ballot-boxes  nor  the  Baiiotbc^es, 
voting  shelves    or     compartments    shall  be  hidden  from  wuhi'^vilw. 
view  of  those  just  outside  the  said  guard  rail.     The  num-  Number  of 
her  of  such  voting  shelves  or  compartments  shall  not  be 
less  than  one  for  every  seventy-five  voters  qualified  to  vote 
at  such  polling  place,  and  not  less  than  three  in  any  town 
or  precinct  thereof,  and  "not  less  than  five  in  any  voting 
precinct  of  a  city.     No  persons  other  than  the  election 


1120 


1889.  —  Chapter  413. 


Admission 
■within  the  rail. 


Supplies  for 

niarliing 

ballots. 


officers  and  voters  adiiiitted  as  hereinafter  provided  sliall 
be  permitted  within  said  rail,  except  by  authority  of  the 
election  officers  for  the  purpose  of  keeping  order  and 
enforcing  the  hiw.  Each  voting  shelf  or  compartment 
shall  be  kept  provided  with  proper  supplies  and  conven- 
iences for  marking:  the  ballots. 


Voter  to  give 
hin  name  to  a 
ballot  dork, 
who  shall 
announce  the 
same  iu  a  loud 
voice. 


Clerk  to  furnish 
one  ballot. 


Number  of 
voters  allowed 
within  the  rail. 


Preparation  of 
ballot  by  voter. 


Manner  of  de- 

positini;  ballot. 
1884,  299,  §  17. 


PREPARATION    OF    BALLOTS 

Section  22.  Any  person  desiring  to  vote  shall  give  his 
name,  and,  if  requested  so  to  do,  his  residence,  to  one  of 
the  ballot  clerks,  who  shall  thereupon  announce  the  same 
in  a  loud  and  distinct  tone  of  voice,  clear  and  audible, 
and  if  such  name  is  found  upon  the  check-list  by  the  bal- 
lot officer  having  charge  thereof,  he  shall  likewise  repeat 
the  said  name,  and  the  voter' shall  be  allowed  to  enter  the 
space  enclosed  by  the  guard  rail  as  above  provided.  The 
ballot  clerk  shall  give  him  one,  and  only  one,  ballot,  and 
his  name  shall  be  immediately  checked  on  said  list.  If 
the  voter  is  a  woman,  she  shall  receive  a  special  ballot 
containing  the  names  of  candidates  for  school  committee 
only.  Besides  the  election  officers,  not  more  than  four 
voters  in  excess  of  the  number  of  voting  shelves  or  com- 
partments provided  shall  be  allowed  in  said  enclosed  space 
at  one  time. 

Section  23.  On  receipt  of  his  ballot  the  voter  shall 
forthwith,  and  without  leaving  the  enclosed  space,  retire 
alone  to  one  of  the  voting  shelves  or  compartments  so 
provided,  and  shall  prepare  his  ballot  by  marking  in  the 
appropriate  margin  or  place  a  cross  [  X  ]  opposite  the 
name  of  the  candidate  of  his  choice  for  each  office  to  be 
tilled,  or  by  filling  in  the  name  of  the  candidate  of  his 
choice  in  the  blank  space  provided  therefor,  and  marking 
a  cross  [x]  opposite  thereto;  and,  in  case  of  a  question 
submitted  to  the  vote  of  the  people,  by  marking  in  the 
appropriate  margin  or  place  a  cross  [  X  ]  against  the 
answer  which  he  desires  to  sive.  Before  leavino;  the  vot- 
ing  shelf  or  compartment,  the  voter  shall  fold  his  ballot, 
without  displaying  the  marks  thereon,  in  the  same  way  it 
was  folded  when  received  by  him,  and  he  shall  keep  the 
same  so  folded  until  he  has  voted.  He  shall  vote  in  the 
manner  now  provided  by  law  before  leaving  the  enclosed 
space,  and  shall  deposit  his  ballot  in  the  box  with  the  offi- 
cial endorsement  uppermost.     He  shall  mark  and  deposit 


1889.  —  Chapter  413.  1121 

his  ballot  without  undue  delay  and  shall  quit  said  enclosed 

space  as  soon  as  he  has  voted.     No  such  voter  shall  be  Time  allowed  to 

allowed  to  occupy  a  voting  shelf  or  compartment  already  endosed space. 

occupied  by  another,  nor  to  remain  within  said  enclosed 

space  more  than  ten  minutes,  nor  to  occupy  a  voting  shelf 

or  compartment  for  more  than  five  minutes  in  case  all  oi 

such  shelves  or  compartments  are  in  use,  and  other  voters 

are  waiting  to  occupy  the  same.     No  voter  not  an  election 

officer,  whose  name  has  been  checked  on  the  list  of  the 

ballot  officers,  shall  be  allowed  to  re-enter  said  enclosed 

space  durino;  said  election.     It  shall  be  the  duty  of  the  Presiding 

•  1        otlicfer  to  Gfi- 

presiding  election  officer  for  the  time  being  to  secure  the  force  provi- 
observance  of  the  provisions  of  this  section,  and  of  other  ^'°"*>^''=- 
sections  relative  to  the  duties  of  election  officers. 

Section  24.     No  person  shall  take  or  remove  any  ballot  |^f .l^'^^ °°d '" 
from  the  iioUing  place  before  the  close  of  the  iwlls.     If  ''^{["e.^io^erf 

I  o    I  •       1         1        •  I  polls;  if  spoiled, 

any  voter  spoils  a  ballot  he  may  successively  obtain  others  others  to  be 

•  furnished 

one  at  a  time,  not  exceeding  three  in  all,  upon  returning 
each  spoiled  one.  The  ballots  thus  returned  shall  be 
immediately  cancelled,  and  together  with  those  not  dis- 
tributed to  the  voters  shall  be  preserved  ;  and  with  the 
check-list  used  by  the  ballot  clerks,  which  shall  be  certi-  ^enmeVcheck. 
fied  by  them  to  be  such,  shall  be  secured  in  an  envelope,  Jj,*'^*ig^°^^® *"''' 
sealed,  and  sent  to  the  several  city  and  town  clerks,  as 
required  by  law  in  the  case  of  the  ballots  cast,  and  the 
other  check-list  used. 

Section  25.     Any  voter  who  declares  to  the  presiding  voter  unable 
election  officer  that  he  was  a  voter  prior  to  the  first  day  of  to  receive 
May  in  the  year  eighteen  hundred    and  fifty-seven,  and  '''^"*^^"'='^- 
cannot  read,  or  ihat  by  blindness  or  other  physical  dis- 
ability he  is  unable  to  mark  his  ballot,  shall,  upon  request, 
receive  the  assistance  of  one  or  two  of  the  election  officers 
in  the  marking  thereof ;  and  such  officer  or  officers  shall 
certify  on  the  outside  thereof  that  it  was  so  marked  with 
his  or  their  assistance,  and  shall  thereafter  give  no  infor- 
mation regarding  the  same.     The  presiding  officer  may  in  swom  deciara- 
his  discretion  require  such  declaration  of  disability  to  be  biiuy  maybe 
made  by  the  voter  under  oath  before  him,  and  he  is  hereby  '^equired. 
qualified  to  administer  the  same. 

Section  26.     If  a  voter  marks  more  names  than  there  Y''^^^\''!'°'* 
are  persons  to  be  elected  to  an  office,  or  if  for  any  reason  counted. 
it  is  impossible  to  determine  the  voter's  choice  for  any 
office  to  be  filled,  his  ballot  shall  not  be  counted  for  such 
office.     No  ballot  without  the  official  endorsement  shall, 


1122 


1889.  —  Chapter  413. 


What  ballots  to  exccpt  as  herein  otherwise  provided,  he  allowed  to  be 
deposited  in  the  ballot  box,  and  none  but  ballots  provided 
in  accordance  with  the  provisions  of  this  act  shall  be 
counted.  Ballots  not  counted  shall  be  marked  "  defec- 
tive "  on  the  back  thereof,  and  shall  be  preserved,  as 
required  by  section  twenty-four. 


be  deposited 
and  counted 


"  Pefective  " 
ballots  to  be 
preserved. 


Penalty  for 
showing  ballot, 
etc. 


Report  to  be 
made  to  police 
officer. 


Penalty  for 
defacing  lists, 
etc. 


Penalty  for 
making  false 
certiti Gates,  etc. 


PENALTIES. 

Section  27.  A  voter  who  shall,  except  as  herein  other- 
wise provided,  allow  his  ballot  to  be  seen  by  any  person 
W'ith  an  apparent  intention  of  letting  it  be  know'n  how  he 
is  about  to  vote,  or  place  any  distinguishing  mark  upon 
his  ballot,  or  who  shall  make  a  false  statement  as  to  his 
inability  to  mark  his  ballot,  or  any  person  who  shall 
interfere  or  attempt  to  interfere  wnth  any  voter  when 
inside  said  enclosed  space  or  when  marking  his  ballot,  or 
who  shall  endeavor  to  induce  any  voter  before  voting  to 
show  how  he  marks  or  has  marked  his  ballot,  or  other- 
wise violates  any  provision  of  this  act,  shall  be  punished 
by  fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars ;  and  election  officers  shall  report  any 
person  so  doing  to  the  police  ofiicer  in  charge  of  the 
polls,  whose  duty  it  shall  be  to  see  that  the  offender  is 
duly  brought  before  the  proper  court. 

Section  28.  Awy  person  who  shall,  prior  to  an  elec- 
tion, wilfully  deface  or  destroy  any  list  of  candidates 
posted  in  accordance  with  the  provisions  of  this  act,  or 
who,  during  an  election,  shall  wilfully  deface,  tear  dow^n, 
remove  or  destroy  any  card  of  instructions  or  specimen 
Ijallot  printed  or  posted  for  the  instruction  of  voters,  or 
who  shall  during  an  election  willfully  remove  or  destroy 
any  of  the  supplies  or  conveniences  furnished  to  enable  a 
voter  to  prepare  his  ballot,  or  shall  wilfully  hinder  the 
voting  of  others,  shall  be  punished  by  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 

Section  29.  Any  person  who  shall  falsely  make  or 
wilfully  deface  or  destroy  any  certiticate  of  nomination 
or  nomination  paper,  or  any  part  thereof,  or  any  letter 
of  withdrawal,  or  sign  any  such  certificate  or  paper  con- 
trary to  the  provisions  of  this  act,  or  file  any  certificate 
of  nomination  or  nomination  paper  or  letter  of  with- 
drawal, knowing  the  same  or  any  part  thereof  to  be 
falsely  made,  or  suppress  any  certificate  of  nomination  or 


k 


1889.  —  Chapter  414.  11 23 

nomination  paper,  or  any  part  thereof  which  has  been 
duly  filed,  or  forp;e  or  falsely  make  the  ofiicial  endorse- 
ment on  any  ballot,  or  wilfully  destroy  or  deface  any 
ballot,  or  shall  take  or  remove  any  ballot  outside  of  the 
enclosure  provided  for  voting  before  the  close  of  the  polls, 
or  wilfully  delay  the  delivery  of  any  ballots,  shall  be 
punished  Ijy  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  the  jail  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 

Section  30.  Any  public  ofiicer  upon  whom  a  duty  is  Penalty  on 
imposed  by  this  act,  who  shall  wilfully  neglect  to  perform  neg'iect,"etc. 
such  duty,  or  who  shall  wilfully  perform  it  in  such  a  way 
as  to  hinder  the  objects  of  this  act,  shall  be  punished  by 
fine  of  not  less  than  five  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  in  jail  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment. 

Approved  June  5,  1889. 

An  Act  to  establish  the  Massachusetts  hospital  for  dipso-  QJ^Qrv^  ^\. 

MANIACS   AND   INEBKIATES. 

"Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  o-overnor  with  the  advice  and  consent  T/uBtees  of  the 

f  C  111  •         JVi  tlSStlCIl  1186116 

of  the  council  shall  appoint  five  persons  who  shall  consti-  Hospuaifoi- 
tute  the  board  ot  trustees  ot  the  Massachusetts  Hospital  and  inebnatcs 
for  Dipsomaniacs  and  Inebriates,  and  who  shall  hold  office  t° ^«  »PP°i"ted. 
for  terms  of  one,  two,  three,  four  and  five  years  respec- 
tively, beginning  with  the  first    Monday  of  July  in  the 
present  year,  and  until    their   respective    successors   are 
appointed  and  qualified  ;  and  previous  to  the  first  Monday 
in  July  in  each  year  hereafter  the  governor  shall  in  like 
manner  appoint  one  such  trustee  to  hold  office  for  the  term 
of  five  years,  beginning  Avith  the  first  Monday  in  July  of 
the  year  of  his  appointment,  and  until    his  successor  is 
appointed  and  qualified.     Any  such  trustee  n^ay  be  re- 
moved by  the  governor  with  the  advice  and  consent  of  the 
council  for  such  cause  as  they  may  deem  sufficient  and  as 
shall  be  assigned  in  the  order  for  removal.     Any  vacancy  vacancy. 
occurring  in  said  board  shall  be  filled  in  like  manner  for 
the  unexpired  term. 

Section  2.     The  lands  held  by  said  trustees  in  trust  Lands  of  hos- 

i,  ^         r^  ii^ji  /••ii  •!    ^  pital  not  to  be 

tor  the   Commonwealth  lor  the  use  ot    said  hospital,  as  taken  for  street, 
hereinafter  provided,  shall  not  be  taken  for  a  street,  high-  ^  °' 
way  or  railroad  without  leave  of  the  legislature  specially 
obtained. 


1124 


1889.  — Chapter  4U. 


Trustees  made 
a  eorporaiiou. 


May  purchase 
real  estate  as 
a  site  for 
hospital. 


Expenditure 
not  to  exceed 

8150,000. 


Plans  to  be 
approved  by  the 
governor  and 
council. 


Powers  and 
duties  of  trus- 
tees. 


Trustees  to 
notify  governor 
when  commit- 
ments may  be 
made. 


Governor  to 
issue  proclama- 
tion. 


Proviso. 


Section  3.  Said  trustees  shall  be  a  corporation  for 
the  same  purposes  for  which  the  trustees  of  each  of  the 
state  lunatic  hospitals  are  made  a  corporation  under  sec- 
tion live  of  chapter  eighty-seven  of  the  Public  Statutes, 
with  all  the  powers  necessary  to  carry  said  purposes  into 
effect. 

Section  4.  Said  trustees  shall  have  authority  to  pur- 
chase in  behalf  of  the  Commonwealth  suitable  real  estate 
as  a  site  for  said  hospital  for  dipsomaniacs  and  inebriates, 
and  to  cause  to  be  erected  thereon  suitable  buildino:s  for 
said  hospital,  which  shall  furnish  suitable  accommodations 
for  not  less  than  two  hundred  and  fifty  patients  and  for 
the  officers,  employees  and  attendants,  and  to  provide  for 
the  equipment  and  furnishing  of  said  buildings  :  provided, 
however,  that  the  entire  expenditure  for  carrying  out  the 
purpose  of  this  act  shall  not  exceed  one  hundred  and  fifty 
thousand  dollars.  No  expenditure  shall  l)e  made  for  the 
erection  of  buildings  except  for  plans  therefor,  until  said 
plans  have  been  approved  by  the  governor  and  council, 
and  no  such  approval  shall  be  given  unless  the  governor 
and  council  shall  be  satisfied  that  the  cost  of  the  real 
estate  and  the  erection  and  completion  of  buildings  and 
the  equipment  and  furnishing  of  the  same  ready  for  occu- 
pancy w411  not  exceed  one  hundred  and  fifty  thousand 
dollars.  Said  trustees  shall  have  authority  to  make  all 
contracts  and  employ  all  agents  necessary  to  carry  into 
effect  the  provisions  of  this  act. 

Section  5.  Said  trustees  shall  have  the  same  powers 
vested  in  them  and  shall  be  required  to  perform  the  same 
duties  for  the  management  and  control  of  said  hospital  as 
are  vested  in  and  required  of  the  trustees  of  the  various 
state  lunatic  hospitals  under  sections  six  and  seven  of 
chapter  eighty-seven  of  the  Pul)lic  Statutes. 

Section  6.  When  the  buildings  constructed  under 
the  provisions  of  this  act  are  so  far  completed  that  in 
the  opinion  of  said  trustees  commitments  may  properly 
be  made  thereto,  said  trustees  shall  so  notify  the  gov- 
ernor, who  shall  thereupon  issue  his  proclamation  estab- 
lishing the  Massachusetts  Hospital  for  Dipsomaniacs  and 
Inebriates,  and  thereafter  the  judges  named  in  section 
eleven  of  said  chapter  eighty-seven  may  commit  to  said 
hospital  any  person  who  is  given  to  or  subject  to  dipso- 
mania or  inebriety,  whether  in  public  or  in  private : 
provided,  however,  that  no  such  person  shall  be  so  com- 


1889.  —  Chapter  414.  1125 

mittecl  until  satisfactory  evidence  shall  be  furnished  to  the 
judge  before  whom  the  proceedings  for  commitment  are 
had  that  such  person  or  persons  are  not  of  bad  repute  or 
of  bad  character  apart  from  their  hal)its  of  inebriety. 

Section  7.     All  the  laws  relative  to  commitment  of  an  Laws  relative  to 
insane  person  to  a  lunatic  hospital  shall  be  applicable  to  InlZlZ^'pe". 
and  shall  govern   the   commitment  of  any  person   under  hospUaVt""'""' 
this   act,  except  that  in   all    proceedings    relative    to  the  ''p^''^'- 
commitment  of  any  such  person  it  shall  be   specifically 
alleged  that  they  are  either  dipsomaniacs  or  inebriates,  as 
the  case  may  be,  instead  of  alleging  that  they  are  insane. 

Section  8.  All  persons  so  committed  may  be  detained  n.'jt'feci'maTbe 
in  said  hospital  two  years  ;  but  when  it  shall  appear  to  the  detained  two 
trustees  that  any  person  held  in  said  hospital  will  not 
continue  to  be  subject  to  dipsomania  or  inebriety,  or  will 
be  sufficiently  provided  for  by  themselves  or  their  guar- 
dians, relatives  or  friends,  they  may  issue  to  them  a 
permit  to  be  at  liberty,  upon  such  conditions  as  they  deem  Permit  to  be  at 

•'^  ,  ,  .  liberty  may  be 

best,  and  they  may  revoke  said  permit  at  any  time  pre-  issued. 
vious  to  its  expiration.     The  violation   by  the  holder  of 
such  permit  of  any  of  the  terms  or  conditions  of  the  same 
shall  of  itself  make  said  permit  void. 

Section  9.       When    any    permit    granted    under   the  when  permit  is 

,.     ^T  T.'  11  -I-       void  holder  may 

provisions  oi   the  precedmg  section  has  become  void  in  be  arrested  and 
any  manner  the  trustees  may  issue  an  order  authorizing  ho's"p7taK  '° 
the  arrest  of  the  holder  or  holders  of  such  permit  and 
their  return  to  the  hospital,  and  such  order  of  arrest  may 
be    served    by    any    officer    authorized   to  serve   criminal 
process    in    any    county    in    this    Commonwealth.     Any 
person    at   liberty  from   the   hospital   upon  a  permit,  as  Person  may  voi- 
aforesaid,  may  voluntarily  return  to  the  hospital  and  put  "°  "'y  "-"'"• 
himself  in  the  custody  of  the  superintendent.     The  holder 
of  said  permit  when  returned  to  said  hospital  as  aforesaid, 
whether  voluntarily  or  otherwise,  shall  be  detained  therein 
according;  to  the  term  of  his  orioinal  commitment. 

Section  10.     Every  person  may  appeal  from  the  order  Right  of  appeal. 
of  the  judge   committing  them   to   said  hospital  to    the 
superior  court  next  to  be  held  in  the  same  county.     The 
appellant  shall  be  held  in  said  hospital  to  abide  the  final 
order  of  said  court. 

Section  11.     On  such  appeal  the  judge  who  ordered  ^Jn.l'J'aaeg)"'^'' °'^ 
the  commitment  shall  have  the  same  authority  to  l)ind  by 
recognizance  witnesses  in  the  case  that  is  given  by  chapter 
two  hundred  and  twelve  of  the  Pul)lic  Statutes, 


1126 


1889.  —  Chapter  414. 


Copy  of  order 
of  commitment, 
etc.,  to  be  sent 
to  clerk  of  court 
apijealed  to. 


Appellants  to  be 
defaulted  upon 
failure  to  prose- 
cute appeal. 


May  withdraw 
appeal  at  the 
discretion  of  the 
judge. 


Compensation 
of  trustees. 


Certain  inmates 
of  lunatic  hos- 
pitals may  be 
transferred  to 
hospital  for 
inebriates,  etc. 


Payment  for 
board  of 
inmates. 


Section  12.  The  judge  shall  on  such  appeal  make  a 
copy  of  the  order  of  commitment  and  other  proceedings 
in  the  case,  and  transmit  the  same  together  with  the 
recognizance,  if  any  is  taken,  to  the  clerk  of  the  court 
appealed  to. 

Section  13.  If  the  appellants  fail  to  enter  and  prose- 
cute an  appeal  they  shall  be  defaulted  on  their  recogni- 
zance if  any  was  taken,  and  the  superior  court  may  enter 
an  order  in  like  manner  as  if  they  had  been  ordered  to 
be  committed  in  that  court;  and  process  may  issue,  if 
necessary,  to  bring  them  into  court  to  be  recommitted. 

Section  14.  The  appellants  may,  at  any  time  before 
the  copy  of  the  proceedings  in  the  case  has  been  trans- 
mitted to  the  clerk  of  the  court  appealed  to,  be  brought 
personally  before  the  judge  from  whose  order  the  appeal 
was  taken,  and  upon  their  own  request  may  be  permitted 
by  such  judge,  at  his  discretion,  to  withdraw  their  appeal 
and  abide  by  the  order  therein  ;  whereupon  said  judge  shall 
order  that  the  appellants  comply  with  the  order  appealed 
from  in  the  same  manner  as  if  it  were  then  first  imposed. 

Section  15.  After  the  establishment  of  said  hospital 
said  trustees  shall  receive  no  compensation  for  their  ser- 
vices, l)ut  they  shall  be  reimbursed  from  the  treasury  of 
the  Commonwealth  for  all  expenses  actually  incurred  by 
them  in  the  performance  of  their  official  duties.  The 
governor  and  council  shall  fix  the  compensation  to  be 
made  to  them  for  services  rendered  in  the  selection  and 
purchase  of  real  estate  and  the  construction,  equipment 
and  furnishing  of  the  hospital  buildings. 

Section  16.  After  the  establishment  of  said  hospital 
the  inmates  that  have  been  committed  to  any  lunatic  hos- 
pital under  the  provisions  of  chapter  three  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five,  and  are  not  found  to  be  insane,  may  be  trans- 
ferred by  the  state  board  of  lunacy  and  charity  to  the 
Massachusetts  Hospital  for  Dipsomaniacs  and  Inebriates  ; 
and  said  state  board  shall  transfer  from  said  hospital  for 
dipsomaniacs  and  inebriates  to  some  state  lunatic  hospital 
or  as^^lum  such  inmates  as  may,  under  an  order  of  com- 
mitment provided  for  by  chapter  eighty-seven  of  the 
Public  Statutes,  be  found  insane  and  requiring  treatment 
therein. 

Section  17.  Such  inmates  of  said  hospital  as  are  al)le 
to   pay  for  their  board   shall   be   charged  for  the   same. 


1889.  — Chapter  415.  1127 

The  board  of  such  inmates  as  have  a  legal  settlement  in 
some  city  or  town  shall  be  paid  hj  said  place  of  settle- 
ment. The  board  of  all  persons  who  have  no  settlement 
in  the  Commonwealth  and  are  unable  to  pay  for  themselves 
shall  be  paid  from  the  treasury  of  the  Commonwealth  at 
a  rate  to  be  determined  by  the  board  of  trustees  of  said 
hospital. 

Section  18.  There  shall  be  thorough  visitations  of  visitations  and 
said  hospital  by  two  of  the  trustees  thereof  monthly,  and 
I)y  a  majority  of  them  quarterly,  and  by  the  whole  board 
semi-annually,  at  each  of  which  a  written  account  of  the 
state  of  the  institution  shall  be  drawn  up,  which  shall  be 
presented  at  the  annual  meeting  to  be  held  between  the 
first  days  of  the  months  of  October  and  November.  At 
the  annual  meeting  the  trustees  shall  make  a  detailed  Jo'^bemade'a't" 
report  in  the  same  manner  as  is  required  of  the  trustees  of  ammai  meeting 

1  -1  •      1  T      1      11  T       1  J.      X' J.1        of  trustees. 

the  state  lunatic  hospitals,  and  shall  audit  the  report  ot  the 
treasurer,  which  shall  be  presented  at  said  annual  meeting, 
and  transmit  it  with  their  annual  report  to  the  governor 
and  council. 

Section  19.     The  accounts  and  books  of  the  treasurer  Accounts  of 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees. 

Section  20.     This  act  shall  take  effect  upon  its  passage. 
'  Approved  June  5,  1889. 


ChapAll) 


An  Act  relating  to  the  procedure  in  poor  debtor  matters. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  notices  mentioned  in   section  eight-  Notices  to  be 

-r»    1  T      seived  by  an 

een  of  chapter  one  hundred  and  sixty-two  of  the  Public  officer  qnautied 
Statutes,  and  in  section  one  of  chapter  four  hundred  and  rrocess. 
forty-two  of  the  acts  of  the  year  eighteen  hundred  and  ^'  ^'  ^^''  ^  ^^' 
eighty-seven,  shall  be  served  by  any  officer  qualified  to 
serve  civil  process. 

Section  2.     All   certificates,  notices  and  other  proc- Notices, etc., tc 

,.,.  -,    1  (.  .         n.  -,      \i&  under  seal 

esses  required  to  he  issued  by  or  irom  a  court  ot  record,  of  the  court. 
police,  district,  or  municipal  court  having  a  clerk,  under  ^■^•^''-• 
chapter  one  hundred  and  sixty-two  of  the  Public  Stat- 
utes and  the  acts  amendatory  thereof  and  supplementary 
thereto,  shall  be  under  the  seal  of  the  court,  signed  by 
the  clerk  or  an  assistant  clerk  thereof,  and  bear  teste 
of  any  justice  of  any  of  said  courts  who  is  not  a  party 
thereto. 

Section  3.     Section  twenty  of  chapter  one  hundred  JoJ.S'ia''' 
and  sixty-two  of  the  Public  Statutes  is  hereby  amended  examination, 


1128 


1889.  — Chapter  415. 


etc.,  arrest  may 
be  authorized. 
P.  8.  102,  §  20. 


Pending  exami- 
nation, etc., 
defendant  not 
recognizing  to 
satisfaction  of 
court  may  be 
conveyed  to 
jail,  etc. 
P.  S.  162,  §  30. 


When  arrested 
on  mesne 
process  and 
does  nnt  give 
bail,  etc. 
P.  S.  162,  §  27. 
1888,  419,  §  5. 


by  striking  out  all  after  the  word  "  writing"  in  the  tenth 
line  of  said  section,  and  inserting  in  place  thereof  the 
following;  —  If  the  debtor  fails  to  appear  at  the  examina- 
tion, or  if  appearing  he  fails  to  obey  all  lawful  orders 
and  requirements  of  the  court  or  magistrate,  the  arrest 
may  be  authorized  either  upon  the  original  execution  or 
upon  an  alias  or  other  successive  execution  issuing  on  the 
same  judgment.  If  the  time  for  the  return  of  the  execu- 
tion expires  while  the  examination  is  pending  the  arrest 
may  be  authorized  upon  an  alias  or  other  successive  execu- 
tion, in  like  manner  and  for  the  same  reasons  or  defaults 
as  upon  the  original  execution.  If  the  time  for  the  return 
of  the  execution  or  of  any  alias  or  other  successive  exe- 
cution, issuing  on  the  same  judgment,  expires  after  a 
certificate  authorizing  an  arrest  has  been  affixed  thereto 
and  before  such  arrest  has  been  made  thereon,  a  copy 
of  the  said  original  certificate,  certified  by  the  clerk  of 
the  court  issuing  such  original  certificate,  and  under  the 
seal  of  said  court,  shall  be  affixed  to  any  alias  or  other 
successive  execution  issuing  on  the  same  judgment,  and 
such  copy  shall  have  the  same  force  and  effect  as  the 
original  certificate. 

Section  4.  Pending  the  examination,  and  at  any  time 
after  the  defendant  or  debtor  is  carried  before  the  court 
or  magistrate,  and  the  defendant  or  de])tor  desires  to  take 
an  oath  and  to  have  a  time  fixed  for  his  examination,  but 
does  not  recognize  to  the  satisfaction  of  the  court  or 
magistrate  as  provided  in  section  thirty-six  of  chap- 
ter one  hundred  and  sixty-two  of  the  Public  Statutes, 
the  court  or  magistrate  may  make  a  certificate  thereof, 
which  shall  be  affixed  to  the  writ  or  execution,  and  the 
defendant  or  debtor  shall  be  conveyed  to  jail  and  there 
kept  until  the  next  coming  in  of  the  court  or  until  the 
time  fixed  for  his  examination,  when  he  shall  be  delivered 
by  the  keeper  of  the  jail  to  the  oflicer  making  the  arrest, 
to  be  by  him  carried  before  the  court. 

Sectipn  5.  Section  twenty-seven  of  chapter  one  hun- 
dred and  sixty-two  of  the  Public  Statutes  as  amended  by 
section  five  of  chapter  four  hundred  and  nineteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  further  amended  by  striking  out  all  after  the 
word  "  mentioned"  in  the  fourth  line  of  said  section  and 
inserting  in  place  thereof  the  following  :  —  When  arrested 
on  mesne  process,  if  he  does   not  give  bail,  and   when 


1889.  —  Chapter  415.  1129 

arrested  on  execution  in  any  case,  he  shall  be  taken 
1)efore  some  court  of  record,  or  police,  district  or  munic- 
ipal court,  or,  only  if  he  wishes  to  recognize,  a  master 
in  chancery,  or,  only  if  he  wishes  to  recognize,  a  commis- 
sioner of  insolvency,  or,  except  in  the  county  of  Suffolk, 
a  trial  justice.  If  the  arrest  is  made  when  the  court  is 
not  in  session  and  the  defendant  or  debtor  does  not  desire 
to  give  bail  or  to  recognize,  the  officer  making  the  arrest 
may  deliver  the  defendant  or  debtor  to  the  keeper  of  the 
jail,  to  be  detained  by  said  keeper  in  some  place  in  said 
jail  until  the  next  coming  in  of  the  court,  when  the  said 
keeper  shall  deliver  the  said  defendant  or  debtor  to  such 
officer  to  be  by  him  carried  before  such  court. 

Sectiox  6.  The  officer  making  the  arrest  shall  pay  p nicer  to  pay 
in  advance  to  the  keeper  of  the  jail,  for  the  support  of /or  support  of 
the  defendant  or  debtor,  twenty-five  cents  for  each  day's  '^'''''°'- 
detention,  to  be  charged  with  the  expenses  of  serving 
the  writ  or  execution.  The  fees  of  the  court  or  maffis- 
trate  shall  be,  for  each  postponement  or  continuance  of 
an  examination,  or  the  time  fixed  therefor,  made  at  the 
request  of  either  party,  one  dollar,  to  be  paid  by  the 
party  requesting  such  postponement  or  continuance  ;  for 
each  writ  of  habeas  corpus  mentioned  in  section  twelve 
of  chapter  four  hundred  and  nineteen  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight,  one  dollar.  The 
fees  of  an  officer  for  the  service  of  such  writ  of  habeas 
corpus  shall  be  one  dollar,  and  the  travel  allowed  by  law 
for  the  service  of  a  summons  ;  and  for  each  day's  attend- 
ance before  the  court  or  magistrate  on  the  examination  of 
a  defendant  or  debtor,  in  his  custody,  three  dollars. 

Section  7.  All  fees  received  in  poor  debtor  matters  Disposition 
under  chapter  one  hundred  and  sixty-two  of  the  Public  ° 
Statutes,  or  under  any  act  amendatory  thereof  or  supple- 
mentary thereto,  by  any  justice  or  clerk  of  any  court  of 
record,  police,  district  or  municipal  court,  shall  be  paid 
into  such  court,  as  for  civil  business,  and  shall  be  ac- 
counted for  and  paid  by  the  clerk  of  such  court  or  by  the 
justice  of  such  court  when  there  is  no  clerk,  to  the  treas- 
urer of  the  county  in  which  such  court  is  held,  but,  in 
the  county  of  Suffolk  such  clerks  and  justices  as  by  law 
account  and  pay  to  the  collector  of  the  city  of  Boston 
shall  account  and  pay  to  such  collector  hereunder. 

Section  8.     All  acts  and    parts    of  acts    inconsistent  Repeal. 
herewith  are  hereby  repealed.       Approved  June  5,  1889. 


1130  1889.  —  Chapters  416,  417. 


(7/i«7?.416  ^'^   ■'^CT   TO    PROVIDE    KOR   THE   LICENSING  OF  PERSONS  MAINTAINING 
BOARDING-HOUSES    FOR   INFANTS    UNDER    FIVE   YEARS   OF   AGE. 

Be  it  enacted,  etc.,  as  follows: 

fj^TnfaiftB^""'*''       Section  1.     No  person  shall  maintain  a  lioarding-house 

under  five  years  ^qy  infants  Under  the  age  of  five  years  unless  licensed  by 

licensed.  the  board  of  health  of  the  city  or  the  selectmen  of  the 

town  in  which  the  same  is  located.      Whoever  violates  the 

Peuaiiy.  provisious   of  this  section  shall  be  punished  by  fine  not 

exceeding  one  hundred  dollars  or  by  imprisonment  not 

exceeding  one  year  or  by  both  such  fine  and  imprisonment. 

t^o'beaboTdfng-       Section  2.     Whocvcr  shall    for  hire,  gain  or  reward 

fn'fauu'^*"^  have  in  his  custody  or  control  at    one  time    more    than 

three  infants  under  the  age  of  five  years,  unattended  by 

a  parent  or  guardian,  for  the  purpose  of  providing  care, 

food  and    lodging  for    such  infants,  shall  be    deemed  to 

maintain  a  boarding-house  for  infants  within  the  meaning 

of  this  act. 

Kr"ame!"by         Section    3.      The  board  of  health  of    cities  and  the 

boards  of  health  selectmen  of  towns   may  grant  a  license   to  maintain  a 

of  cities  and  _  ./      o  _ 

selectmen  of  boai'diug-house  for  infants.  Said  boards  of  health  and 
the  selectmen  of  towns  shall  annually,  and  may  at  all 
times,  visit  and  inspect  premises  so  licensed,  and  may  at 
any  time  designate  any  person  to  visit  and  inspect  said 
premises.  Ajyproved  June  5,  1889. 

Ghap.4:V7  An  Act  relating  to  deposits  in  insolvency  cases. 

Be  it  enacted,  etc.,  as  folloivs: 

Mh^eniy  iase"'.  I»  cascs  lu  insolveuc}',  whou  the  deposit  required  by 
p.  8. 157,  §  137.  section  one  hundred  and  thirty-seven  of  chapter  one  hun- 
dred and  fifty-seven  of  the  Public  Statutes  is  made  by 
parties  other  than  the  debtor,  the  surplus,  if  any,  in  the 
hands  of  the  register,  after  the  payment  of  fees  and 
expenses  as  provided  for  by  said  section,  may  be  paid  to 
the  parties  making  such  deposit,  and  the  assignee  upon 
settlement  of  his  account  and  before  a  dividend  is  ordered 
shall  repay  to  such  depositor  out  of  the  assets  remaining 
in  his  hands  all  sums  so  applied  to  the  payment  of  fees 
and  expenses  by  the  register  out  of  said  deposit. 

Approved  June  5,  1889. 


1889.  — Chapters  418,  419,  420.  1131 


An  Act  relating   to   clerical  assistance  in   the   office  of  (JJidf)  _|_Jg 

THE  KEGISTER   OF   PKOHATE   AND  INSOLVENCY  FOR  THE  COUNTY   OF  ^ 

SUFFOLK. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  register  of  probate  and  insolvency  for  Allowance 
the  county  of  Suffolk  shall  be  allowed,  in  addition  to  the  assisumco. 
amount  now  allowed  by  law,  a  sum  not  exceeding  fifteen 
hundred  dollars  per  annum  from  and  after  the  first  day  of 
May  in  the  year  one  thousand  eight  hundred  and  eighty- 
nine  for  clerical  assistance  actually  performed,  to  be  paid 
from  the  treasury  of  the  county  of  Suffolk  upon  the  ofii- 
cial  certificate  of  said  register  countersigned  by  the  judge 
of  probate  and  insolvency  for  said  county. 

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

Approved  June  5,  1889. 

An   Act  authorizing  the  board   of   police  of  the  city  of  QJia^j  i^\C) 

BOSTON   TO   employ   LEGAL   ASSISTANCE.  ^ 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1 .     The  board  of  police  of  the  city  of  Boston  May  employ 

,  ,  ,  .    ,  . ,  Y  legal  assistauce. 

may  employ  legal  assistance,  as  they  may  deem  neces- 
sary, to  assist  them  in  the  performance  of  their  duties,  and 
incur  liability  therefor  to  an  amount  not  exceeding  fifteen 
hundred  dollars  in  any  municipal  year,  and  expenses  so 
incurred  shall  be  paid  by  the  city  of  Boston  upon  the 
requisition  of  said  board. 

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

Approved  June  5,  1880. 

An  Act  for  the  relief  of  insolvent  debtors.  Olinn  420 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  mortgage  or  pledge  of  property,  or  ciaim  for  kgai 

./»  •  ii'lilli-  services  to  be 

payment  oi  money  given  or  made  by  an  insolvent  acl)tor  allowed  at  the 
for  legal  services  rendered  or  to  be  rendered  in,  or  in  tue^'coun"  °^ 
contemplation  of,  insolvency  proceedings,  shall  be  valid 
for  such  sum  as  the  court  of  insolvency  shall  deem  rea- 
sonable, and  an  appeal  from  the  decision  of  said  court 
shall  be  allowed  in  the  manner  provided  in  sections  thirty- 
six,  thirty-seven  and  thirty-eight  of  chapter  one  hundred 
and  fifty-seven  of  the  Public  Statutes,  for  appeals  of 
creditors  or  assignees. 

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

Approved  June  5,  1880. 


1132  1889.  — Chapters  421,  422,  423. 


CllClp.42i\.  ^^  ■'^CT  TO  CONFIRM  THE  PROCEEDINGS  AND  TITLE  TO  LAND  OF 
THE  TRUSTEES  OF  THE  WASHINGTON  STREET  METHODIST  EPIS- 
COPAL  CHURCH   OF   BROOKLINE. 

Be  it  enacted,  etc.,  as  follows: 

SVonfirmed.  SECTION  1.  The  Trustees  of  the  Washington  Street 
Methodist  Episcopal  Church  of  Brookline,  a  corporation 
organized  on  the  thirteenth  day  of  May  in  the  year  eight- 
een hundred  and  eighty-nine,  under  chapter  thirty-eight 
of  the  Public  Statutes  is  hereby  made  the  lawful  successor 
of  The  AVashington  Street  Methodist  Episcopal  Church  of 
Brookline,  the  grantee  named  in  a  deed  from  John  Gibbs, 
of  a  certain  parcel  of  land  on  the  corner  of  Cypress  and 
Washington  streets  in  said  Brookline,  dated  the  thirty- 
first  day  of  March  in  the  year  eighteen  hundred  and 
eighty,  and  recorded  with  Norfolk  county  deeds,  libro 
five  hundred  and  eighteen,  folio  three  hundred  and  one. 
And  said  corporation  shall  have  and  hold  the  parcel  of 
land  described  in  said  deed  to  it  and  its  successors  and 
assigns  in  fee  simple  forever.  And  all  the  proceedings 
of  the  trustees  of  said  church  prior  to  the  passage  of  this 
act  shall  have  the  same  force  and  efiect  as  if  done  by  said 
corporation. 

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

Approved  June  6,  1889. 

C7l(fV-4:2i2i  -^^  -^^^  '^^  AUTHORIZE  TRUANT  OFFICERS  TO  APPREHEND  AND 
TAKE  TO  SCHOOL  WITHOUT  WARRANT  TRUANTS  DISCOVERED  IN 
THE   ACT   OF    TRUANCY. 

Be  it  enacted,  etc.,  as  follows: 

may^'apprehend       Section  1.     Truaut   officcrs    lu    citics   and  towns  are 
truants  without  hcrcby  authorizcd,  under  the  direction  of  the  school  com- 
mittees of  their  respective  cities  and  towns,  to  apprehend 
and   take   to    school  without   warrant   all    truants    found 
wandering  about  in  the  streets  or  public  places. 

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

Approved  June  6,  1889. 

Gh(iP.4:23  ^^  ^^^  "^^  PROVIDE  FOR  THE  APPOINTMENT  OF  SPECIAL  POLICE 
OFFICERS   FOR   DUTY   ON   ELECTION   DAYS   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Special  police         The  board  of  police  for  the  city  of  Boston  may  appoint 

o^Scsrs  on  %j       l  l 

election  days      for  dutv  OH  days  o\\  which  clcctions  are  to  be  held  in  said 


in  Boston. 


city  such  number  of  special  police  officers  as  said  board 


1889.  —  Chapter  424.  1133 

may  find  to  be  necessary.  The  officers  so  appointed  shall 
receive  the  same  compensation  which  reserve  police  offi- 
cers now  receive,  and  such  compensation  shall  be  paid  by 
the  city  treasurer  upon  the  requisition  of  said  board. 

Approved  June  6,  1889. 
•  ___^ 

A\  Act  to  supply  the  town  of  north  brookfield  with  pure  (7/i«/).424 

WATER. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     The  town  of  North  Brookfield  may  supply  North  Brook- 
itself  and  its  inhabitants  with  water  for  the  extinguish-  Juppiyuseif 
ment  of  fires  and  for  manufacturing,  domestic  and  other  ^^''"^'''''*^'"- 
purposes  ;  may  establish  fountains  and  hydrants,  relocate 
and  discontinue  the  same ;  may  regulate  the  use  of  such 
water  and  fix  and  collect  rates  to  be  paid  for  the  use  of 
the  same. 

Section  2.     The  said  town  for  the  purposes  aforesaid,  of  Hors'^J'i^mr 
and  for  the  purpose  of  obtaining  a  supply  of  water,  may  etc. 
take  by  purchase  or  otherwise  and  hold  the  water  of  Horse 
pond,  so  called,  in  said  town  and    the  waters  that  flow 
into  and  from  the  same  ;  and  it  may  take  by  purchase  or 
otherwise  and  hold  any  water  rights  connected  with  said 
pond,  and  any  springs  and  streams  tributary  thereto,  and 
the  water  of  any  other  ponds  or  water  sources  within  the 
limits  of  said  town,  and  the  water  rights  connected  with 
any  of  said  sources,  and  also  all  lands,  rights  of  way  and 
easements  necessary  for  holding  and  preserving  such  water 
and  for  conveying  the  same  to  any  part  of  said  town ;  and 
may  erect  upon  the  land  thus  taken  or  held  proper  dams.  May  take  land 
buildings,  fixtures  and  other  structures,  and   may  make  thereon  proper 
excavations,  procure  and  operate  machinery,  and  provide  '''''""=^- 
such  other  means  and  appliances  as  may  be  necessary  for 
the  establishment  and  maintenance  of  complete  and  effec- 
tive water  works  ;  and  may  construct  and  lay  down  con- 
duits, pipes  and  other  works  under   or  over  any  lands, 
water  courses,  railroads  or  public  or  private  ways,  and 
along  any  such  way  in  such  manner  as  when  completed 
shall  not  unnecessarily  obstruct    the  same;    and  for  the  M'^y '••« "i>. 

.  "^  ...  -,  .    .  .     etc.,  lands. 

purpose  ot  constructing,  maintaming  and  repairmg  sucn 
conduits,  pipes  and  other  works  and  for  all  proper  pur- 
poses of  this  act  said  town  may  dig  up,  raise  and  embank 
any  such  lands  or  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways. 


1134 


1889.  —  Chapter  424. 


Description  of 
land,  etc.,  taken 
to  be  recorded 
in  the  registry 
of  deeds. 


Town  to  pay 
damages  sus- 
tained. 


Application  for 
damages  not  to 
be  made  until 
water  is 
diverted. 


North  Brook- 
tield  Water 
Loan  not  to 
exceed  $100,000. 


8inl<ing  fund  to 
be  provided. 


Section  3.  The  said  town,  or  the  North  Brookfield 
Water  Company  hereinafter  described,  shall  within  ninety 
days  after  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements  as  aforesaid,  other 
than  by  purchase,  file  and  cause  to  be  recorded  in  the 
Worcester  district  registry  of  deeds  a  description  thereof 
sutEciently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  is  taken,  signed  by  the 
water  commissioners  hereinafter  provided  for,  or  by  the 
president  of  the  North  Brookfield  Water  Company,  as 
the  case  may  be. 

Section  4.  The  said  town  shall  pay  all  damages  sus- 
tained by  any  person  or  corporation  in  property  by  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement  or  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  or  cor- 
poration entitled  to  damages  as  aforesaid  under  this  act, 
who  fails  to  agree  with  said  town  as  to  the  amount  of  dam- 
ages sustained,  may  have  the  damages  assessed  and  deter- 
mined in  the  manner  provided  by  law  when  land  is  taken 
for  the  laying  out  of  highways,  by  making  application  at 
any  time  within  the  period  of  three  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  any  other 
injury  under  the  authority  of  this  act;  but  no  application 
shall  be  made  after  the  expiration  of  said  three  years. 
No  application  for  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  right,  or  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  town  under  the  authority  of  this  act. 

Section  5.  The  said  town  may,  for  the  purpose  of 
paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip  to  any  amount  not  exceeding  in  the 
aggregate  one  hundred  thousand  dollars ;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words.  North 
Brookfield  Water  Loan ;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  the  date 
of  issue  ;  shall  bear  interest  payable  semi-annually  at  a 
rate  not  exceeding  six  per  centum  per  annum,  and  shall 
be  signed  by  the  treasurer  of  the  town  and  be  counter- 
signed by  the  water  commissioners  hereinafter  provided 
for.  The  said  town  may  sell  such  securities  at  public  or 
private  sale  or  pledge  the  same  for  money  borrowed  for 
the  purpose  of  this  act,  and  upon  such  terms  and  con- 


1889.  — Chapter  424.  1135 

ditions  as  it  may  deem  proper.  The  said  town  sliall  pay 
the  interest  on  said  loan  as  it  accrues  and  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  accumulations  thereof  to  pay  the 
principal  of  said  loan  at  maturity.  The  said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose. 

Section  6.     The   said  town  instead  of  establishing  a  May  pioviiiefor 
sinking  fund  may,  at  the  time  of  authorizing  said  loan,  annuirpa'"- 
provide  for  the  paj^ment  thereof  in  such  annual  payments  of^^^^Vbiuhing 
as  will  in  the   asfareo-ate  extins^uish  the  same  within  the  s'ukiug  fund. 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed,  the  amount  required  shall  without  further  vote  be 
assessed  by  the  assessors  of  said  town  in  each  year  there- 
after until  the  debt  incurred  by  said  loan  shall  be  extin- 
guished, in  the  same  manner  as  other  taxes  are  assessed 
under   the    provisions    of  section   thirty-four    of  chapter 
eleven  of  the  Public  Statutes. 

Section  7.     The  return  required  by  section  ninety-one  Return  required 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  of  Kufking"r'u'i!'d, 
amount  of  sinking  fund  established  under  this  act,  and  if  '^'^■ 
none    is   established    whether   action  has    been  taken    in 
accordance  with  the  provisions  of  the  preceding  section 
and   the   amount  raised  and  applied   thereunder  for  the 
current  year. 

Section  8.     The    said   town    shall    raise    annually    by  to  raise  by 
taxation  a  sum  which  with  the  income  derived  from  the  smitckntVoV' 
water  rates  will  be  sufficient    to  pay  the  current  annual  expenses  au'r^ 
expenses  of  operating  its  water  works  and  the  interest  as  interest. 
it  accrues  on  the  bonds,  notes  and  scrip  issued  as  afore- 
said by  said  town,  and  to  make  such  contributions  to  the 
sinking  fund   and   payments  on  the  principal  as  may  be 
required  under  the  provisions  of  this  act. 

Section  9.     Whoever   wilfully  or  wantonly  corrupts,  renaityfor 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  ni'puugor"' 
this  act,  or  injures  any  structure,  work  or  other  property  diverting  waier. 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort;   and  upon  conviction 
of  either  of  the  above  wilful  or  wanton  acts  shall   be  pun- 
ished by  a  line  not  exceeding  three  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year. 


1136 


1889.  —  Chapter  424. 


Board  of  water 
commissiouers 
to  be  elected. 


Vacancies. 


Subject  to 
acceptance  by 
a  two-thirds 
vote. 


Town  may  sell 
franchise,  etc. 


North  Brooli- 
fleld  Water 
Company. 


Section  10.  The  said  town  shall,  after  its  acceptance 
of  this  act,  at  a  legal  meeting  called  for  the  purpose  elect 
by  ballot  three  persons  to  hold  office,  one  until  the  expi- 
ration of  three  years,  one  until  the  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from  the  next 
succeeding  annual  town  meeting,  to  constitute  a  board  of 
water  commissioners  ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  bal- 
lot for  the  term  of  three  years.  All  the  authority  granted 
to  the  town  by  this  act  and  not  otherwise  specially  pro- 
vided for  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject  however  to  such  instructions, 
rules  and  regulations  as  said  town  may  impose  by  its  vote  ; 
the  said  commissioners  shalMlbe  trustees  of  the  sinking 
fund  herein  provided  for,  and  a  majority  of  said  commis- 
sioners shall  constitute  a  quorum  for  the  transaction  of 
business  relative  both  to  the  water  works  and  to  the  sink- 
ing fund.  Any  vacancy  occurring  in  said  board  for  any 
cause  may  be  filled  for  the  remainder  of  the  unexpired 
term  by  said  town  at  any  legal  town  meeting  called  for 
the  purpose. 

Section  11.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two-thirds  vote  of  the  voters  of  said  town  pres- 
ent and  voting  thereon  at  a  legal  town  meeting  called  for 
the  purpose  within  three  years  from  its  passage  ;  but  the 
number  of  meetings  so  called  in  any  one  year  shall  not 
exceed  three. 

Section  12.  The  said  town  of  North  Brookfield  shall 
have  the  right,  at  any  time  before  the  work  is  commenced 
under  this  act,  to  sell  and  assign  the  franchise  and  all  the 
rights  and  privileges  conferred  by  and  all  the  property 
and  works  acquired  under  the  provisions  of  this  chapter 
to  any  association  of  citizens  of  said  town  that  may  be 
formed  for  the  purpose  of  the  construction  and  operation 
of  water  works  under  this  charter,  on  payment  to  the  said 
town  of  the  actual  cost  of  its  franchise  and  property  of 
any  kind  held  under  the  provisions  of  this  act ;  and  there- 
upon said  citizens  so  associated  as  aforesaid,  their  associ- 
ciates  and  successors,  shall  be  and  become  a  corporation 
by  the  name  of  the  North  Brookfield  Water  Company,  for 
the  purpose  of  supplying  the  inhabitants  of  the  town  of 
North  Brookfield  or  any  part  thereof  with  water  for 
domestic,  manufacturing  and  other  purposes,  including 
the  extinguishment  of  fires  ;  with  all  the  powers  and  priv- 


1889.  —  Chapter  424.  1137 

ileges  and  subject  to  all  the  liabilities  set  forth  in  this  act 
and  in  all  general  laws  which  now  are  or  may  hereafter  be 
in  force,  so  far  as  the  same  may  be  applicable  to  such  cor- 
porations. The  said  corporation  upon  taking,  as  herein 
provided,  the  rights  and  property  of  said  town  acquired 
under  this  act  shall  assume  all  outstanding  obligations 
incurred  hereunder  including  the  bonds  hereinbefore  au- 
thorized.    This  authority  to  assign  and  sell  said  franchise.  Authority  to 

.     ,,  ^  ,        ■  1      T  ^•    '  iii'ji       sell  to  be  granted 

rights  and  property  is  granted  on  condition  that  saicl  sale  by  a  two-thuds 
and  assignment  is  made  by  said  town  by  a  two-thirds  vote  ''°^^- 
of  the  voters  thereof  present  and  voting  thereon  at  a  meet- 
ing legally  called  for  that  purpose,  and  that  work  upon 
said  water  supply  shall  be  commenced  by  said  corpora- 
tion within  two  years  from  the  date  of  the  sale  and  assign- 
ment of  the  franchise  and  property  as  aforesaid. 

Section  18.  The  said  corporation  may  for  the  pur-  Keai  estate, 
poses  set  forth  in  this  act  hold  real  estate  not  exceeding  and  shares. 
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  is!^ue  bonds  bearing  interest  at 
a  rate  not  exceeding  six  per  centum  per  annum  to  an 
amount  not  exceeding  the  amount  of  its  capital  stock 
actually  paid  in  and  applied  to  the  purposes  of  its  incor- 
poration, and  may  secure  the  same  at  any  time  by  a  mort- 
gage of  its  franchise  and  property. 

Section  14.     The  county  commissioners  for  the  county  security  may 
of  Worcester,  upon  the  application  of  the  owner  of  any  corlSiou  for 
land,  water   or  water  rights   taken  under  this   act,  shall  ^'a^"a|e8  "L 
require  said  corporation  to  give  satisfactory  security  tor  '■•'^t^- 
the    payment    of  all    damages   and   costs   which  may   be 
awarded  such  owner  for  the   land  or  other   property  so 
taken;   but  previous  to  lequiring  such  secuiity  the  said 
county  commissioners  shall,  if  application  therefor  is  made 
by  either  party,  make  an  estimate  of  the  damages  which 
may   result   from   such  taking,  and    the    county  commis- 
sioners shall   in   like   manner  require   fuither   security  if 
at  any  time  the  secuiity  before  required  appears  to  them 
to  have  become  insufficient ;  and  all  the  right  or  author- 
ity of  said  corporation  to  enter  upon  or  use  such  land  or 
other  property,  except  for  making  surveys,  shall  be  sus- 
pended until  it  gives  the  security  so  required. 

Section    15.     In  case  the  town  shall  sell  and  assign  Rights  of  tire 
its  franchise,  rights  and  property,  as  provided  in  section  franchise  is 


1138 


1889.  —  Chapter  424. 


sold  by  the 
town. 


If  corporation, 
etc.,  and  town 
or  fire  district 
fail  to  agree 
upon  price, 
commisBioners 
to  Vie  appointed. 


Right  to  pur- 
chase, subject 
to  a  two-thirds 
vote. 


twelve,  it,  and  any  fire  district  that  may  hereafter  be 
established  theiein,  shall  have  the  right  at  any  time  after 
the  date  of  such  sale  and  assignment  to  purchase  of  said 
corporation  its  franchise,  corporate  property  and  all  its 
rights,  powers  and  privileges  at  a  price  which  may  be 
mutually  agreed  upon,  and  may  have  a  like  right  to  pur- 
chase their  interest  from  the  mortgfaffees  after  foreclosure 
of  any  mortgage  authorized  by  section  thirteen  of  this 
act;  and  said  corporation  is  authoiized  to  make  sale  of 
the  same  to  said  town  or  fire  district.  If  said  corporation 
or  said  mortgagees,  as  the  case  may  be,  and  said  town  or 
fire  district  are  unable  to  agree  upon  the  price  thereof, 
then  the  compensation  to  be  paid  shall  be  determined  by 
three  commissioners,  to  be  appointed  l)y  the  superior  court 
upon  application  by  said  town  or  fire  district  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  provisions  of  section 
thirteen  and  the  mortgage  shall  not  have  been  foreclosed 
and  the  compensation  to  be  paid  shall  be  determined  by 
commissioners  as  aforesaid,  such  commissioners  shall  find 
a  value  of  such  franchise,  corporate  property,  rights, 
powers  and  privileges  as  if  the  same  were  unincumbered, 
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, 
pioperty,  rights,  powers  and  privileges  by  paying  said 
corporation  such  excess  and  shall  assume  said  mortgage 
debt ;  but  if  the  value  so  found  should  be  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 
lound,  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  authorized  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. 


1889.  —  Chapters  425,  426.  1139 

Section  16.     No  source  of  water  supply  shall  be  taken  Source  of  sup- 
under  this  act  for  domestic  purposes  without  the  recom-  approval  of 
mendation  and  advice  of  the  state  hoard  of  health.  heami'"'*'^'' °^ 

Section  17.     This  act  shall  take  effect  upon  its  pas- 
sage. Approved  June  6,  1SS9. 

An   Act  to  revive  the  powers   and   extend  the   time   for  (JJicin.4:'2i[) 

CONSTRUCTING   THE   RAILROAD    OF    THE    NEW   YORK    AND    BOSTON 
INLAND   RAILROAD   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  time  within  which  to  complete   the  Time  to  com. 
construction  of  the  railroad  of  the  New  York  and  Boston  uon^exUMuicci! 
Inland  Railroad   Company  is  hereby  extended   until   the 
first  day  of  June  in  the  year  one  thousand  eight  hundred 
and  ninety-two,  and  all  the  rights,  powers,  privileges  and 
franchises  originally  possessed  or  enjoyed  by  said  com- 
pany are  to  continue  and  be  enjoyed  by  it  in  the  same 
manner  and  with  the  same  effect  as   if  its   railroad  had 
been    constructed    within    the    time    prescribed    by   law  : 
provided,  that  the  sum  of  one  hundred  thousand  dollars  is  Provigo. 
actually  expended  by  said  company  in  the  construction  of 
its  railroad  before  the  first  day  of  July  in  the  year  eight- 
een hundred  and  ninety. 

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

Approved  June  6,  ISSO. 

An  Act  to  enable  the  town  of  south  hadley  to  loan  money  (7/i(7D.426 

TO   FIRE   DISTRICT  NUMBER   ONE   OF   SAID   TOWN. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  town  of  South  Hadley  may  for  the  Town  may  issue 
purposes  set  forth  in  section  two  of  this  act  incur  indebt-  i!"mnLof''Hie ' 
educss  and  issue  notes  or  bonds  therefor  to   an  amount  '^'*'"'"''- 
not  exceeding  five  thousand  dollars  payable  in  periods  not 
exceeding  five  years  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety,  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   re- 
spects apply  to  the  incurring  of  said  indebtedness  and  to 
the  issue  of  such  notes  or  bunds. 

Section  2.     The  said  town  may  loan  a  sum  not  exceed-  cn8tncT$5'ooo 
ing  five  thousand  dollars  payable  in  periods  not  exceeding  pa>-'^i>ie  iu  five 
five  years  to  the  fire  district  number  one  of  said  town  on  '       * 
such  terms  and  conditions  as  it  shall  prescribe,  and  may 


1140 


1889.  — Chapter  427. 


ChapA27 


Coramissioiier 
of  foreign 
mortgage  corpo- 
rations to  be 
appointed. 

Term  of  oflice. 


Not  to  have 
any  pecuniary 
interest,  etc. 


Powers  ami 
duties. 


Vacancy, 


Fiiiancial  condi- 
tion, etc.,  to  be 
examined  by 
commissioner 
1)0 fore  agent 
may  act. 


assess  and  collect  upon  the  property  both  real  and  per- 
sonal within  said  fire  district  the  principal  and  interest  of 
such  notes  and  bonds  as  they  shall  become  due. 

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

Ajyproved  June  6,  1889. 

An  Act  to  pkovide  for  the  supervision  of  foreign  corpo- 
rations ENGAGED  IN  THE  BUSINESS  OF  SELLING  OR  NEGOTIAT- 
ING  BONDS,   MORTGAGES,   NOTES    OR   OTHER   CHOSES   IN   ACTION. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  governor  by  and  with  the  consent  of 
the  council  shall  appoint  a  citizen  of  this  Commonwealth 
who  shall  be  known  as  commissioner  of  foreis^n  mortgas^e 
corporations.  Said  commissioner  shall  hold  his  office  for 
the  term  of  three  years  unless  sooner  removed  by  the 
governor  and  council.  He  shall  be  sworn  to  the  faithful 
performance  of  the  duties  of  his  office  before  entering 
upon  the  discharge  of  the  same.  He  shall  not  be  in  the 
employ  of,  own  any  stock  in,  or  be  in  any  way,  directly 
or  indirectly,  interested  pecuniarily  in  any  association  or 
corporation  doing  business  in  this  Commonwealth  and 
organized  under  the  laws  of  another  state  to  sell,  offer 
for  sale  or  negotiate  bonds  or  notes  secured  by  deed  of 
trust  or  mortgage  of  real  estate  or  choses  in  action  owned, 
issued,  negotiated  or  guaranteed  by  it.  Said  commis- 
sioner shall  as  regards  such  corporations  have  the  same 
powers  and  be  required  to  perform  the  same  duties  given 
to  and  required  of  the  commissioners  of  savings  banks  by 
the  provisions  of  section  fourteen  of  chapter  three  hun- 
dred and  eighty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-eight,  and  such  associations  or  corpo- 
rations shall  annually  make  to  said  commissioner  such 
returns  as  are  required  of  loan  and  investment  companies 
by  said  section  fourteen.  If  a  vacancy  occurs  in  said 
oflSce  before  the  expiration  of  a  term  the  governor  and 
council  shall  appoint  another  commissioner  as  aforesaid  to 
fill  such  vacancy  and  to  serve  for  the  remainder  of  such 
unexpired  term. 

Section  2.  No  person,  association  or  corporation 
shall  act  in  this  Commonwealth  as  agent  or  representative 
of  any  association  or  corporation  organized  under  the 
laws  of  another  state  for  the  purposes  named  in  the  pre- 
ceding section  unless  such  corporation  has  been  duly 
examined  as  to  its  business  and  financial  condition  by  the 
commissioner  hereinbefore  provided  for. 


1889.  — Chapter  427.  1141 

Section  3.  Any  person  who  violates  the  provisions  Penalty. 
of  the  preceding  section  shall  forfeit  one  thousand  dol- 
hirs,  to  be  collected  under  the  direction  of  the  attorney- 
general  for  the  Commonwealth,  by  the  district  attorney  for 
the  district  in  which  such  action  ma}^  properly  arise,  by 
an  action  on  this  chapter,  and  it  is  hereby  made  the  duty 
of  the  attorney-general  to  bring  nction  for  such  forfeiture 
whenever  an  instance  of  such  violation  is  reported  to  him 
by  the  commissioner,  and  the  commissioner  shall  report 
all  such  instances  as  come  to  his  attention. 

Section  4.     The  commissioner  may  accept  in  lieu  of  2°™™!^!!?."'"' 
an  examination    by  himself  the    certificate    of   any  state '■ei't^i!' c«itiH- 
officer  having  supervision  of  such  companies  that  exam-  a'u  examination. 
inations    have    been    made  in    their    respective    states, 
provided  such  certificates  are  accompanied    by  a    sworn 
statement    showing   the  financial    condition    of  any  such 
company;  such  report  to  comply  in  all  respects  with  the 
provisions  of  this  chapter. 

Section  5.     It  shall  be  the  duty  of  said  commissioner  To maue exami- 

,  iji  •        ^  •  •11-  i'i  X       nation  at  least 

to  make  the  exammation  as  provided  in  section  two  or  to  once  in  each 
call  for  the  certificate  as  provided  in  section  four  as  often  ^°"''" 
at  least  as  once  in  each  year. 

Section  6.  The  compensation  of  the  commissioner  compensation. 
shall  be  three  thousand  dollars  per  annum,  payable 
monthly  from  the  treasury  of  the  Commonwealth,  which, 
together  with  all  incidental  and  travelling  expenses  au- 
thorized and  approved  by  the  governor  and  council,  shall 
be  borne  by  the  several  companies  and  corporations  in 
proportion  to  their  business  done  in  this  Commonwealth, 
and  shall  be  assessed  and  recovered  in  the  same  manner 
provided  for  the  assessment  and  recovery  of  the  expenses 
of  the  railroad  commissioners. 

Section  7.     Whenever,  in    the    opinion  of  the    com- injunction  to  be 

.    ,.  ..  T    .  ,.  applied  for,  if 

missioner,  any  association  or  corporation  named  in  section  condition,  etc., 
one  of  this  act  is  transacting  business,  or  its  condition  is  IL^jurbitc."* "' 
such  as  to  render  its  further  proceeding,  hazardous  to  the 
public    he  shall  forthwith  report  the  same  with  such  re- 
marks as  he    deems   expedient   to   the   attorney-general, 
who  shall  forthwith    apply  to  a  justice    of  the   supreme 
judicial  court  to  issue  an  injunction  restraining  such  asso- 
ciation or  corporation  from  further   transaction  of  busi- 
ness until  a  hearing  can  be  had.     Such  justice  may,  with  f^"f,e'injunciion 
or  without  previous    notice,   issue    such    injunction,  and  ^^'j'' or  without 
after  a  full  hearing  may  dissolve  or  modify  it  or  make  it 


1142 


1889.  — Chapter  428. 


May  make  over 
property  for 
euch  religious, 
etc.,  objects  as 
shall  be  deter- 
mined by  a 
majority  vote. 


perpetual,  and  may  make  such  orders  and  decrees,  accord- 
ing to  the  course  of  proceedings  in  equity,  to  restrain  or 
prohibit  the  further  prosecution  of  the  business  of  any 
such  person,  association  or  corporation,  as  may  be  needful 
in  the  premises.  Approved  June  6,  1S89. 

ChCW.4:2iS  ^^  -^^"^  CONFIRMING  CERTAIN  PROCEEDINGS  OF  THE  CHARLES 
STREET  BAPTIST  SOCIETY  AND  TO  AUTHORIZE  SAID  SOCIETY  TO 
DISPOSE   OF  ITS   PROPERTY   AND   DISSOLVE   THE   CORPORATION. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  The  Charles  Street  Baptist  Society  of 
Boston,  incorporated  under  chapter  sixty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  twenty-eight,  is 
hereby  authorized  to  reduce  all  its  property  to  money  or 
negotiable  securities,  and  to  dispose  of  and  make  over  the 
same  in  such  manner,  for  such  religious,  benevolent  or 
charitable  objects,  as  a  majority  of  the  said  society  present 
and  voting  at  a  meeting  thereof  duly  called  for  the  pur- 
pose shall  determine,  and  at  such  meeting  to  ratify  and 
confirm  any  previous  disposition  of  said  property  for 
religious,  charitable  or  benevolent  objects. 

Section  2.  Said  society  may,  after  the  disposal  of  all 
its  property  and  estate  and  the  payment  and  discharge  of 
all  debts  outstanding  against  it,  dissolve  itself  by  duly 
passing  a  vote  for  that  purpose,  and  filing  with  the  secre- 
tary of  the  Commonwealth  within  thirty  days  of  the 
passage  thereof  a  copy  of  such  vote  duly  certified  by  the 
clerk  of  said  society  ;  and  ui)on  the  passage  of  such  vote 
and  filing  of  a  copy  thereof,  as  aforesaid,  the  said  corpora- 
tion shall  cease  to  exist  except  only  for  the  time  and 
purpose  set  forth  in  section  forty-one  of  chapter  one 
hundred  and  five  of  the  Public  Statutes. 

Section  3.  The  by-laws  of  said  society  as  they  appear 
upon  its  records  to  have  been  adopted  in  the  year  eight- 
een hundred  and  fifty-six,  and  all  subsequent  amendments 
thereto  appearing  in  said  lecords,  are  hereby  ratified  and 
confirmed,  notwithstanding  any  defect  or  irregularity  in 
the  manner  of  the  calling  of  the  meetings  of  said  society ; 
and  no  acts  or  proceedings  of  said  society  shall  be  invalid 
by  reason  of  any  such  defective  calling  of  meetings,  or  by 
reason  of  any  defect  or  irregularity  in  the  manner  of  the 
election  of  its  officers  or  the  qualifications  of  the  same. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1889. 


Society  may 
dissolve  itself 
by  passing  a 
vote  for  that 
purpose  and 
tiling  copy  of 
vote  with  the 
secretary  of  the 
Commonwealth, 


By-lsws  and 
proceedings 
ratified  and 
confirmed. 


1889.  —  Chapters  429,  430.  1143 


An  Act  concerning  the  onset  street  railway  company.       ChapA2Q 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1 .     The  Onset  Street  Railway  Company  may  May  construct 

.  .  ,        ,  "^    ,  ^         "^^-^  a  track  across 

locate,  construct  and  maintam  a  single  track  across  Unset  onset  avenue  in 
avenue  at  or  near  the  centre  of  East  Central  avenue  and 
West  Central  avenue  in  the  town  of  Warehara. 

Section  2.     Said  company  may  operate  its  cars  upon  Motive  power. 
said  track  by  animal  power  or  by  such  other  motive  power 
as  the   selectmen   of  said  town  may  from  time  to   time 
permit. 

Section  3.     Said  company  may  discontinue  the  use  of  ^'^Jg°°^'j°^J.^^^^ 
said  track  not  more  than  eight  months  in  any  one  year. 

Section  4.     In  the  operation  of  its  cars  upon  said  track  |"|^fn3and 
said  company  shall  be  subject  to  the  provisions  of  chapter  isse,  ass. 
one  hundred  and  thirteen  of  the  Public  Statutes  and  chap- 
ter two  hundred  and  eighty-five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty  six  except   as  hereinbefore 
provided. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1889. 

An  Act  to  authorize  the  stockbridge  water  company  to  (7/i«».430 

FURNISH    ADDITIONAL  WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  Stockbridge  Water  Company  for  the  f^,°°^^'(j^^f. 
purpose  of  furnishing  an  additional  supply  of  water  to  the  pany  may 
inhabitants  of  the  town  of  Stockbridge  for  domestic  and  s^ocUndge 
other    purposes,  including   the    extinguishment  of   fires,  ^lippiy^'of  wTtel. 
may  take  by  purchase  or  otherwise    and    may  hold  and  ^^Jjy  |;^J[«^'^"g'^^ 
convey  through  the  town  of  Stockbridge  or  any  part  of 
said  town  the  water,  so  far  as  may  be  necessary,  of  any 
well,  spring,  pond  or  stream  within  said  town ;  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  distrib- 
uting the  water  so  taken  and  held ;  and  may  lay  its  water 
pipes  through  any  private  lands,  with  the  right  to  enter 
upon  the  same  and  dig  therein  for  the  purpose  of  making 
all  necessary  repairs  or  service  connections  ;  and  for  the 
purposes  aforesaid  may  carry  its  pipes  over  or  under  any 


1144 


1889.  — Chapter  430. 


To  cause  to  be 
recorded  in 
registry  of 
deeds  a  descrip- 
lion  of  lands, 
etc.,  talien. 


Payment  of 
daiua'ges. 


Application  for 
damages  not  to 
be  made  until 
water  is 
diverted.  . 


May  regulate 
use  of  water 
and  fix  and 
coUeci  water 
rates. 


wfiter  course,  street,  railroad,  highway  or  other  way  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same  ; 
and  may  enter  upon  and  dig  up  any  road  or  other  way, 
under  the  direction  of  the  selectmen  of  said  town,  for  the 
purpose  of  laying  or  repairing  its  aqueducts,  ])ipes  or 
other  works  ;  and  in  general  may  do  an}'  other  thing  con- 
venient or  proper  for  carrying  out  the  purposes  of  this  act. 

Section  2.  The  said  corporation  shall  within  sixty 
days  after  the  taking  of  any  lands,  rights  of  way  or 
easements,  water  rights  or  sources,  as  aforesaid,  other- 
wise than  by  purchase,  file  and  cause  to  be  recorded  in 
the  registry  of  deeds  for  the  county  of  Berkshire  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. 

Section  3.  The  said  corporation  shall  pay  all  dam- 
ages sustained  by  any  person  in  property  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water 
right  or  easement,  or  by  any  other  thing  done  by  said 
coi'poration  under  the  authority  of  this  act.  Any  per- 
son sustaining  damages  as  aforesaid  under  this  act,  who 
fails  to  agree  with  said  corporation  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken  for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  three  years  from  the  taking 
of  such  land  or  other  propertv  or  the  doing  of  any  other 
injury  under  the  authority  of  this  act ;  but  no  such  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
years.  No  application  for  assessment  of  damages  shall 
be  made  for  the  taking  of  any  water,  water  rights  or 
water  sources,  or  for  any  injury  thereto,  until  the  water 
is  actually  withdrawn  or  diverted  by  said  corporation 
under  the  authority  of  this  act. 

Section  4.  The  said  corporation  ma}'  distribute 
water,  as  aforesaid  secured  and  provided,  through  the 
said  town  of  Stockbridge,  may  regulate  the  use  of  said 
water  and  fix  and  collect  rates  to  be  paid  for  the  use  of 
the  same,  and  may  make  such  contracts  with  the  said 
town  or  with  any  individual  or  corporation  to  supply 
water  for  domestic  and  other  private  purposes,  and  for 
the  extinguishment  of  fires  and  other  public  purposes,  as 
may  be  agreed  upon  by  said  town  or  such  individual  or 
corporation  and  said  Stockbridge  Water  Company. 


1889.  — Chapter  430.  1145 

Section  5.     The  said  corporation  may  for  the  purposes  ueai  estate, 
set  forth  in  this  act  hold  real  estate  to  an  amount    not  aud'8ha^ie°8!^ 
exceeding  fifty  thousand    dollars,  and   may    increase    its 
capital  stock  to  an    amount   not  exceeding    seventy-five 
thousand  dollars,  to  be  divided  into  shares  of  fifty  dollars 
each,  and  may  issue  such  portion  thereof  as  the  stock- 
holders at  a  meeting  called  for  that  purpose  may  vote  as 
preferred  stock,  entitled  to  dividends  not  exceeding  three 
per  centum  semi- annually  in  preference  and  priority  to 
dividends    upon    the    common    stock.     Said    corporation  May  issue 
may  issue  bonds  bearing  interest  at  a  rate  not  exceeding 
six  per  centum  per  annum,  and  secure  the  same   by  a 
mortgage  on  its  franchise,  corporate  property  and  rights 
to  an  amount  not  exceeding  its  capital  stock  actually  paid 
in  and  applied  to  the  purposes  of  this  act. 

Section  6.     Whoever  wilfully  or  wantonly  corrupts,  Penaityfor 
pollutes  or  diverts  any  of  the  water  taken  or  held  under  mptingor 
the  provisions  of  this  act,  or  injures  any  structure,  work  ^'^«'""=  "^^^ter. 
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  con- 
viction of  either  of  the  above-named  wilful  or  Avanton  acts, 
shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  in  the  jail  not  exceeding  one 
year. 

Section  7.     The  said  town  of  Stockbridge  shall  have  Town  may  take 
the  right  at  any  time  to  take  by  purchase  or  otherwise  the  property  at  any 
franchise,  corporate  property  and  all  the  rights  and  privi-  "'"®' 
leges  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  corporation  shall  exceed 
in  any  year  the  income  derived  from  said  works  by  said 
corporation  for  that  year,  then  such  excess  shall  be  added 
to  the  total  cost ;  and  if  the  income  derived  from  said 
works  by  said  corporation  exceeds  in  any  year  the  cost  of 
maintaining  and  operating  said  works  for  that  year,  then 
such  excess  shall  be  deducted  from  the  total  cost.     The  Tonssnmeaii 
said  town  on  taking,  as  herein  provided,  the  property  of  obifgauous^ 


1146 


1889.  —  Chapter  430. 


Autboritj-  to 
take  franchise 
to  be  assented 
to  by  a  two- 
thirds  vote. 


Stockbridge 
Water  Loan 
not  to  exceed 

$60,000. 


Sinking  fund  to 
be  established. 


said  corporation  shall  assume  all  of  its  outstanding  obliga- 
tions, including  the  bonds  authorized  by  this  act ;  and 
the  amount  thus  assumed  shall  be  deducted  from  the  total 
amount  to  be  paid  by  said  town  to  said  corporation.  In 
case  of  a  foreclosure  of  any  mortgage  authorized  by  this 
act  the  said  town  may  take  possession  of  the  property 
and  rights  of  said  corporation  on  the  payment  of  the 
bonds  secured  by  said  mortgage,  principal  and  interest. 
In  case  said  town  and  said  corporation  are  unable  to 
agree  upon  the  amount  of  the  total  cost  of  the  franchise, 
corporate  property,  rights  and  privileges  of  said  corpo- 
ration, then,  upon  a  suit  in  equity  by  said  town,  the 
supreme  judicial  court  shall  ascertain  and  fix  such  total 
cost  under  the  foregoing  provisions  of  this  act,  and  enforce 
the  right  of  said  town  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  property  is  granted  on  the  condition 
that  the  taking  is  assented  to  by  said  town  by  a  two-thirds 
vote  of  the  voters  of  said  town  present  and  voting  thereon 
at  a  meeting  legally  called  for  that  purpose. 

Section  8.  The  said  town  may,  for  the  purpose  of 
paying  the  cost  of  said  franchise  and  corporate  property 
and  the  necessary  expenses  and  liabilities  incurred  under 
the  provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  in  the  aggregate 
sixty  thousand  dollars  ;  such  bonds,  notes  and  scrip  shall 
bear  on  their  face  the  words,  Stockbridge  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  and  be  countersigned  by  the  water  commis- 
sioners hereinafter  provided  for.  The  said  town  may  sell 
such  securities  at  public  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper. 
And  said  town  shall  pay  the  interest  upon  said  loan  as  it 
accrues  and  shall  provide  for  the  payment  of  said  princi- 
pal at  maturity  by  establishing  at  the  time  of  contracting 
said  debt  a  sinking  fund,  or,  from  year  to  year,  by  such 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  by  this  act.  In  case  said  town  shall 
decide   to   establish   a  sinking   fund   it   shall    contribute 


1889.  —  Chapter  430.  1147 

thereto  annually  a  sura  sufficient  with  its  accumulations  to 
pay  the  principal  of  said  loan  at  maturity  ;  and  said  sink- 
ing fund  shall  remain  inviolate  and  pledged  to  the  pay- 
ment of  said  debt  and  shall  be  used  for  no  other  purpose. 
If  said  town  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,  be  raised  annually  by  taxation  in  the  same  way  as 
money  is  raised  for  other  town  purposes. 

Section  9.     The  returns  required  by  section  ninety-  uetnms 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  sutramolmt 
the  amount  of  any  sinking  fund   established  under  this  °uad"acf 
act,  and  if  none  is  established  whether  action  has  been 
taken    for   the    payment    of  annual    proportions    of  said 
bonded   debt  as  hereinbefore   provided,  and  the  amount 
raised  and  expended  therefor  for  the  current  year. 

Section  10.     After  the  purchase  of  said  franchise  and  byraxiuion'*^ 
corporate    property,   as  herein  provided,   the   said  town  etc.,  sufficient 
shall   raise  annually  by  taxation  a  sum   which   with  the  annual  ex 
income  derived  from  the  sale  of  water  shall  be  sufficient  p^'J^^®'*' '"  ^'■«'' > 
to  pay  the  current  annual  expenses  of  operating  its  water 
works  and  the  interest  accruing  on  the  bonds  issued  by 
said  town,  together  with  such  payments  on  the  principal 
as   may   be   required    under  the    provisions  of  this    act. 
Said  town  is  further  authorized,  by  assent  of  two-thirds  May  raise 
of  the  voters  of  said  town  present  and  voting  thereon  at  ™x°teusion'^of 
a  legal  meeting  called  for  the  purpose,  to  raise  by  tax-  ^°'''^*- 
ation  any  sum  of  money  for  the  purpose  of  enlarging  or 
extending  its  water  works  and  providing  additional  ap- 
pliances and  fixtures  connected  therewith  not  exceeding 
three  thousand  dollars  in  any  one  year. 

Section  11.  The  said  town  shall,  after  its  purchase  of  fomra\ssioTe*^/ 
said  franchise  and  corporate  property  as  provided  in  this  to  be  elected. 
act,  at  a  legal  meeting  called  for  the  purpose,  elect  by 
ballot  three  persons  to  hold  office,  one  until  the  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  meeting,  to  constitute  a  board  of  water 
commissioners  ;  and  at  each  annual  meeting  thereafter  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term 
of  three  years.  All  the  authority  granted  to  the  said 
town  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 


1148 


1889.  — Chapter  431. 


To  be  trustees 
of  sinking 
fund. 


Vacancy. 


To  make  annual 
report. 

Town  may 
adopt  by-laws, 
rules  and  regu- 
lations, etc. 


Work  to  be 
commenced 
within  one 
year. 


and  regulations  as  said  town  may  impose  by  its  vote. 
The  said  commissioners  shall  be  the  trustees  of  the  sink- 
ing fund  herein  provided  for,  and  a  majority  of  said  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business  relative  both  to  the  water  works  and  to  the  sink- 
ing fund.  Any  vacancy  occurring  in  said  board  from  any 
cause  may  be  filled  for  the  remainder  of  the  unexpired 
term  by  said  town  at  any  legal  meeting  called  for  the 
purpose.  No  money  shall  be  drawn  from  said  town  treas- 
ury on  account  of  said  water  works  except  by  a  written 
order  of  said  commissioners  or  a  majority  of  them.  Said 
commissioners  shall  annually  make  a  full  report  to  said 
town  in  writing  of  their  doings  and  expenditures. 

Section  12.  The  said  town  may  adopt  by-laws  pre- 
scribing by  whom  and  how  meetings  may  be  called  and 
notified.  The  said  town  may  also  provide  rules  and  reg- 
ulations for  the  management  of  its  water  works  not  incon- 
sistent with  this  act  or  the  laws  of  the  Commonwealth, 
and  may  choose  such  other  officers  not  provided  for  in 
this  act  as  it  may  deem  proper  and  necessary. 

Section  13.  This  act  shall  take  efl^ect  upon  its  pas- 
sage, but  shall  become  void  unless  work  under  this  act  is 
commenced  within  one  year  from  the  date  of  its  passage. 

Approved  June  7,  18S9. 


C/^rt 99.431   ^^   ^^^   "^^  INCORPORATE   THE   WATER   WORKS    SECURITY   COMPANY 

OF  MASSACHUSETTS. 


Wafer  Works 
Security  Com- 
pany of  Massa- 
chusetts, 
incorporated. 


Capital  slock 
and  shares. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Richard  F.  Barrett,  William  H.  Bowker, 
Charles  F.  Parks,  John  H.  Chapman  and  William 
Wheeler,  their  associates  and  successors,  are  made  a  cor- 
poration by  the  name  of  the  Water  Works  Security  Com- 
pany of  Massachusetts,  for  the  purposes  hereinafter  set 
forth  ;  to  have  its  place  of  business  in  the  city  of  Boston 
and  to  be  subject  to  all  the  duties,  restrictions  and  lia- 
bilities set  forth  in  chapter  one  hundred  and  five  of  the 
Public  Statutes,  so  far  as  the  same  do  not  conflict  with  the 
provisions  of  this  act,  and  to  all  general  laws  which  now 
are  or  hereafter  may  be  in  force  relating  to  such  corpora- 
tions. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  be  less  than  one  hundred  thousand  dollars  nor  more 
than  five  hundred  thousand  dollars,  divided  into  shares  of 
the  p.'ir  value  of  one  hundred  dollars  each  ;  and  no  busi- 


1889.  — Chapter  431.  1119 

ness  shall  be  transacted  by  the  corporation  until  the  whole 
amount  of  its  capital  stock  is  subscribed  for  and  actually 
paid  in,  and  no  shares  shall  be  issued  until  the  par  value 
of  such  shares  shall  have  actually  been  paid  in,  in  cash. 

Section  3.     The  said  corporation  is  hereby  authorized  Jf,.gf  Pol't^a^e 
and  empowered  to  purchase  the  first  mortg^aije  bonds  of  bonds  of  any 

t  1  ,  1  J  •  water  supply 

any  water  supply  company  or  water  works  corporation,  company, etc. 

or  the  municipal  water  bonds,  notes   or  scrip  issued  for 

the  construction  of  water  works  by  any  city  or  town  of 

the  United  States  :  provided,  the  total  issue  of  such  bonds  Proviso. 

shall  in  no  case  exceed  eighty  per  cent,  of  the  actual  cost 

of  the  works  and  pi'operty  pledged  to  secure  them,  — the 

municipal  securities  aforesaid  being  excepted  hereunder. 

Section   4.       Said   corporation    may   issue    bonds    or  corporation 
debentures  to  secure  the  payment  of  which  it  shall  from  ITJifdsTr 
time  to  time  assign,  transfer  and  set  over  to  a  trust  com-  ''e'jentures. 
pany  established  under  the  laws  of  this  Commonwealth, 
as   trustee,  securities  purchased  in  accordance  with   the 
provisions  of  section  three,  to  be  held  by  such  trust  com- 
pany in  trust  for  the  benefit  of  the  holders  of  said  bonds 
or   debentures ;    whereupon    such    trust    company    shall 
endorse  its  certificates  of  such  fact  upon  such  debentures 
or  bonds  not  exceeding  in  amount  ninety  per  cent,  of  the 
face  value  of  the  securities  so  transferred  to  it,  but  the 
amount  of  the  securities  of,  any  one  company  or  munici- 
pality which  may  be  so  transferred  and  set  over  to  such 
trust  company  shall  not  exceed  the  sum  of  the  paid  up 
capital  and  guarantee  fund  of  this  corporation. 

Section  5.     The  total  amount  of  bonds  or  debentures  Amount  of 

•  TUiU-  i.'  liii.  i."  !•  c  bonds  issued 

issued  by  this  corporation  shall  at  no  time  be  in  excess  ot  not  to  exceed 
fifteen  times  the  sum  of  its  paid  up  capital  and  guarantee  aum^f  capital, 
fund.  «'«• 

Section  6.  The  corporation  shall  set  apart  as  a  Guarantee  fund. 
guarantee  fund  not  less  than  ten  per  cent,  of  its  net  earn- 
ings in  each  and  every  year,  until  such  fund  with  the 
accumulated  interest  thereon  shall  amount  to  one-half  of 
the  capital  stock  actually  subscribed  and  paid  in,  in  cash. 
Said  guarantee  fund  shall  be  invested  in  the  securities  in 
which  savings  banks  are  allowed  to  invest  by  the  laws  of 
this  Commonwealth. 

Section  7.     The  said  corporation  may  invest  any  of  ^[J^^*|j™®g°'g°* 
its  surplus  or  unapplied  funds  in  such  securities  as  it  is 
hereby  authorized  to  purchase,  and  may  at  all  times  make 
sale  of  said  securities  to  any  amount :  provided,  such  sale 


1150 


1889.  — Chapter  432. 


Taxation. 


Statement  of 
assets,  etc.,  to 
be  published. 


Books  to  be 
open  to  inspec- 
tion of  Btock- 
holdei-8,  etc. 


To  be  under 
supervision  of 
commissioner 
of  foreign 
corporations. 


shall  not  impair  the  trust  and  guarantee  funds  herein 
provided. 

Section  8.  For  purposes  of  taxation  said  corporation 
shall  be  subject  to  the  provisions  of  chapter  thirteen  of 
the  Public  Statutes. 

Section  9.  The  said  corporation  shall  publish  annually 
in  one  or  more  newspapers  published  in  the  city  of  Boston 
a  statement  of  its  assets  and  liabilities,  sworn  to  by  its 
president,  treasurer  and  a  majority  of  its  directors. 

Section  10.  The  books  of  the  corporation  shall  at  all 
reasonable  times  be  open  for  inspection  to  the  stockholders 
and  to  all  holders  of  bonds  and  debentures  issued  by  said 
corporation,  or  of  notes  or  other  evidence  of  debt  guaran- 
teed by  it. 

Section  11.  The  commissioner  appointed  to  supervise 
foreign  corporations  engaged  in  the  business  of  selling 
or  nejjotiatino:  in  this  Commonwealth  bonds,  mortojaores, 
notes  or  other  choses  in  action,  shall  as  regards  this  cor- 
poration have  the  same  powers  and  be  required  to  perform 
the  same  duties  as  are  given  to  him  in  the  supervision  of 
said  foreign  corporations. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  7,  1889. 

Ch(lV.4:S2l      ^^  ^^^  CONCERNING   THE   OKDEK   OF  TRIALS   IN   CRIMINAL  CASES. 

Be  it  enacted,  etc.,  as  follows: 
Triaiiistof  SECTION  1.     Scctiou  oue  of  chaptcr  one  hundred  and 

criminal  cases  .  /.i  />i.i 

to  be  made  up  nmety-threc  of  the  acts  of  the  year  eighteen  hundred 
attorney.''  "'^  and  eighty-four  is  hereby  amended  by  adding  at  the  end 
thereof  the  words:  —  for  cause  shown  in  each  case,  —  so 
as  to  read  as  follows  : —  /Section  1.  At  each  term  of  the 
superior  court  held  for  the  trial  of  criminal  cases,  the  dis- 
trict attorney  before  the  trials  begin  shall  make  up  and 
deposit  with  the  clerk  for  inspection  of  all  parties,  a  list 
of  all  cases  to  be  tried  at  that  term,  and  trials  shall  be 
had  in  the  order  of  such  trial  list  unless  otherwise  ordered 
by  the  court  for  cause  shown  in  each  case. 

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

Approved  June  7,  1889. 


1889.— Chapters  433,  434,  435.  1151 


An  Act  to  abolish  the  term  fees  of  clerks  in  the  supreme  (7/^^m.433 
judicial  and  superior  courts  and   before  county  commis- 
SIONERS. 

Be  it  enacted^  <etc.^  as  folloivs : 

SECTiOiSr  1.     So  much  of  section  four  of  chapter  one  Term  fees  of 
hundred  and  ninety-nine  of  the  Public  Statutes  as  pro-  onhe'^courts 
vides  for  fees  of  clerks  of  courts  for  each  term  during  abolished. 
which  an  action,  complaint  or  proceeding  is  pending,  is 
hereby  repealed  so  far  as  the   same  may  be  applicable 
to  such    actions,  complaints    or   proceedings    before    the 
supreme  judicial  and  superior  courts,  and  before  county 
commissioners,  pending  prior  to  the  first  day  of  July  in 
the  year  eighteen  hundred  and  eighty-eight. 

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

Ai^proved  June  7,  1889. 

An   Act  relating  to  the  transmission    of  intelligence    by  njidrj  434 

TELEPHONE. 

Be  it  enacted,  etc.,  as  folloivs: 

All    the    provisions    of   law   o:ranting  to   persons   and  Transmissiou 

i  ,  &  r;  _  I       ^  of  intelligence 

corporations  authority  to  erect,  lay  and  maintam  and  to  by  leiepiicne. 
cities  and  towns  authority  to  regulate  telegraph  or  tele- 
phone lines  conveying  intelligence  by  electricity,  shall,  so 
far  as  applicable,  apply  to  the  lines  for  transmission  of 
intelligence  by  telephone,  whether  the  same  be  by  electric- 
ity or  otherwise.  Nothing  herein  contained  shall  be  con- 
strued as  affecting  existinij  laws  of  taxation. 

Approved  Jane  7,  1889. 

An  Act  to  provide  for  making  the  probate  of  a   will  or  ^t        ^or 

A   determination  of  intestacy  conclusive  in  certain  CASES.  ^  ' 

Be  it  enacted,  etc.,  as  folloivs: 

A  decree  allowing  a  will  or  adjudicating  the  intestacy  probate  of  a 
of  the   estate   of  a  deceased  person  in  any  court  in  this  mina*tion  ot^^' 
Commonwealth  having  jurisdiction  thereof  shall,  after  two  co'uciushre^iu'^'' 
years  from  the  rendition  of  such  decree,  or,  if  proceedings  certain  cases. 
for  a  reversal  thereof  are  had,  after  two  years  from  the 
establishment  of  such  decree,  be  final  and  conclusive  in 
favor  of  purchasers  for  value,  in  good  faith,  without  notice 
of  any  adverse  claim,  of  any  property,  real  or  personal, 
from  devisees,  legatees,  heirs,  executors,  administrators 
or  guardians,  and  in  favor  of  executors,  administrators, 


1152  1889.  —  Chapters  436,  437. 

trustees  and  guardians,  who  have  settled  their  accounts 
in  due  form,  and  have  in  good  faith  disposed  of  the  assets 
of  the  estate  in  accordance  with  hiw,  and  also  in  favor 
of  persons  who  have  in  good  faith  made  payments  to 
executors,  administrators,  trustees  or  guardians.  It  is, 
however,  provided  that  devisees,  legatees,  heirs  and  dis- 
tributees shall,  in  case  of  a  subsequent  decree  reversing 
or  qualifying  the  decree  so  originally  rendered,  be  liable 
to  a  subsequent  executor,  administrator  or  other  person 
found  entitled  thereto,  for  any  proceeds  or  assets  of  the 
estate  received  by  them  under  the  former  decree,  and  in 
such  case  proceeds  of  real  estate  shall  be  treated  as  real 
estate.  It  is  provided  further  that  nothing  contained  in 
this  act  shall  be  construed  to  make  an  adjudication  of 
the  fact  of  death  conclusive  to  an  extent  to  which  it  would 
not  be  conclusive  by  existing  law. 

Approved  June  7,  1889. 

C'A«7>.436  -^^  -^^^  "^^     ENABLE     THE    TOWN     OF    WASHINGTON     TO     ELECT     AN 
AUDITOR   OR   AUDITORS   AT   A   SPECIAL   MEETING. 

Be  it  enacted,  etc,  as  follows: 
Town  may  SECTION  1.     The  town  of  Washino^tou  may  at  a  spccial 

elect  one  or  ^  /.  i  •    i   •  •  i  r 

more  auditors     meeting  callcd  for  that  purpose  within  six  months  after 
year.  the  passagc  of  this  act  elect  one  or  more  auditors  for 

the  current  year,  who  shall  perform  such  duties  as  are 
required  of  auditors  elected  under  chapter  two  hundred 
and  ninety-five  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-six  and  chapter  two  hundred  and  twenty-one 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
in  amendment  thereto. 

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

Approved  June  7,  1889. 

CIkXT)  437   ^^  -^^^  "^^  ^'^  ^^^   TENURE   OF   OFFICE   OF   THE   MEMBERS   OF   THE 
POLICE   FORCE   OF  THE   TOWN   OF  WATERTOWN. 

Be  it  enacted,  etc. ,  as  follows : 
Tenure  of  office      Section  1.     All  membci's  of  the  regular  police  force  of 

of  members  or  ^  ^      m      i      t  t         rr>  -i       •  i 

police  force.  the  tovvu  ot  VVatertown  shall  hold  oince  duruig  good 
behavior.  And  such  officers  may  be  removed  by  a 
majority  of  the  board  of  selectmen  after  due  hearing 
for  such  cause  as  they  may  deem  sufficient. 

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

Approved  June  7,  1889. 


1889.  —  Chapters  438,  439.  1153 


An  Act  to  authorize  the  enlargement  of  the  proposed  /^/i^r,4Qo 

MARINE   PARK   IN   THE   CITY   OF  BOSTON.  ■'  ' 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  board  of  park  commissioners  of  the  Park  commis. 
city  of  Boston,  subject  to  the  provisions  of  chapter  nine-  Bo"ronraay 
teen  of  the  Public  Statutes,  excepting  so  much  of  section  ovlr\fde-water 
sixteen  of  said  chapter  as  requires  the  payment  into  the  a^pifbi[^°a7ii°* 
treasury  of   compensation  for  the  rights   and    privileges 
hereby  granted  in  land  of  the  Commonwealth,  may  make 
such  excavation  and  fillino^  and  erect  and  maintain  such 
structures  in  and  over  the  area  of  tide-water  at  or  near 
Dorchester   point    in    South    Boston    which  lies    east    of 
the  westerly  line  of  Q  street,   extending  southerly  into 
old  harbor,   and  northerly  to  the  southerly  line  of  the 
reserved  channel  as  established  by  the  board  of  harbor 
and   land  commissioners  and  approved    by  the  governor 
and  council  under  chapter  forty-six  of  the  resolves  of  the 
year  eighteen  hundred  and  eighty-six,  and  south  of  the 
said  southerly  line  of  said  reserved  channel  as  the  said 
board  may  deem  necessary  or  desirable  for  the  purposes 
of  a  public  park,  in  accordance  with  the   provisions  of 
chapter  one  hundred  and  eighty-five  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-five. 

Section  2.     All  lands  of  the  Commonwealth  which  are  ah  lands  occu- 
occupied  or  enclosed  under  the  provisions  of  this  act  shall  f'or  public  park. 
be  appropriated  to  and  used  solely  for  the  purposes  of  a 
public  park. 

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

Approved  June  7,  1889. 


ChapA39 


An  Act  to  provide  for  the  building,  maintenance  and  oper- 
ation OF  A  SYSTEM  OF  SEWAGE  DISPOSAL  FOR  THE  MYSTIC  AND 
CHARLES   RIVER   VALLEYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  5:overnor  by  and  with  the  advice  and  Metropolitan 

.     ,  •!      1      11  •  1  IT  sewerage  coin- 

consent  01  the  council  shall  appomt  three  able  and  discreet  missioners  to 

men,  inhabitants  of  the  Commonwealth,  who  shall  consti-    '^*''p°'°''' 

tute  a  board  to  be  known  as  the  metropolitan  sewerage 

commissioners,  and  who  shall  hold  office,  one  for  the  term 

of  five  years,  one  for  the  term  of  four  years  and  one  for 

the  term  of  three  years  beginning  Avith  the  first  Monday 

in  January  in  the  year  eighteen  hundred  and  eighty-nine  ; 

and  in  the  year  eighteen  hundred  and  ninety-two    and 


.1154 


1889.  — Chapter  439. 


Salaries. 


Organization 
of  board. 


To  construct, 
niaintaiu  and 
operate  certain 
BBwers. 


Board  may  take 
lands,  etc.,  by 


annually  thereafter  the  governor  shall  appoint,  as  afore- 
said, one  such  commissioner  to  hold  ofBce  for  the  term  of 
three  years  beginning  with  the  first  Monday  in  January 
in  the  year  of  his  appointment,  and  in  case  of  any  vacancy 
occurring:  in  said  board  bv  resio^nation  or  otherwise  shall 
in  the  same  manner  appoint  a  commissioner  for  the  resi- 
due of  the  term,  and  may  in  the  same  manner  remove  any 
commissioner.  The  members  of  said  board  shall  each 
receive  the  salary  of  three  thousand  dollars  per  year. 

Section  2.  Said  board  shall,  as  soon  as  may  be  after 
its  appointment  and  annually  thereafter  on  the  first  Mon- 
day of  February  of  each  year,  organize  by  the  choice  of 
one  of  its  members  as  chairman,  and  shall  at  the  same 
meeting  elect  a  clerk,  who  shall  not  be  a  member  of  said 
board,  and  may  from  time  to  time  appoint  such  agents, 
officers  and  servants  as  it  may  deem  necessary  to  carry 
out  the  purposes  of  this  act,  and  may  determine  their  du- 
ties and  compensation  and  remove  the  same  at  pleasure. 
Said  board  shall  be  furnished  with  an  office  in  some  suit- 
able place  in  the  city  of  Boston  in  which  the  maps,  plans 
and  documents  relating  to  its  business,  and  to  the  sewers, 
land  and  other  property  in  its  charge,  and  records  of  all 
its  doings  shall  be  kept. 

Section  3.  Said  board  shall  construct,  maintain  and 
operate  for  the  cities  of  Boston,  Cambridge,  Somerville, 
Maiden,  Chelsea,  Wobiirn,  and  the  towns  of  Stoneham, 
Melrose,  Winchester,  Arlington,  Belmont,  Medford,  Ev- 
erett and  Winthrop,  such  main  sewers  and  other  works 
as  shall  be  required  for  a  system  of  sewage  disposal  for 
said  cities  and  towns,  and  for  the  cities  of  Boston,  W'al- 
tham  and  Newton,  and  the  towns  of  Watertown  and 
Brookline  another  such  system,  both  of  which  systems 
shall  be  in  substantial  accordance  with  the  plans  reported 
and  recommended  by  the  state  board  of  health  in  its  report 
to  the  legislature  of  eighteen  hundred  and  eighty-nine  ;  and 
for  that  purpose  may  make  all  contracts  necessary  for  the 
construction  of  the  sewers  and  works  aforesaid,  or  may 
where  deemed  advisable  carry  on  such  construction  by 
day  labor.  Said  board  may  from  time  to  time  contract 
with  any  other  city  or  town  for  the  extension  thereto  of 
either  of  said  systems  of  sewage  disposal,  and  for  the 
reception  and  disposal  of  sewage  therefrom. 

Section  4.  Said  board  acting  on  behalf  of  the  Com- 
monwealth  may  take  by  purchase  or  otherwise  any  lands, 


1889.  —  Chapter  439.  1155 

water-courses,  rigflits  of  way  or  easements,  and  may  take  pmchaseor 

'        ^,  .  ''  ,  ,  •    ^.  otherwise. 

by  purchase  or  otherwise  or  enter  and  use  any  existing 
sewers  or  parts  of  sewers  necessary  for  the  carrying  out 
under  the  provisions  of  this  act  of  the  recommendations 
and  plans  of  said  state  board  of  health  contained  in  its  said 
report.     When  any  lands,  water-courses,  rights  of  way  or 
easements,  or  any  sewers  or  parts  of  sewers  are  so  taken 
or  entered  and  used  in  any  manner  other  than  by  purchase 
or  agreement,  said  board  shall  within  thirty  days  of  said 
taking  or  entering  and  using  cause  to  be  recorded  in  the  To  cause  to  be 
registry  of  deeds  for  the  county  or  district  in  which  such  regutryo? 
lands,  water-courses,  rights  of  way  or  easements,  or  sewers  tlmfonandsr^'' 
or  parts  of    sewers   lie,   a    description    of   the  same  as  etc.,  taken. 
certain  as  is  required  in  a  common  conveyance  of  land, 
with  a  statement  of  the  purpose  for  which  the  same  is 
taken  or  entered    and  used,   which   description   shall  be 
signed  by  a  majority  of  said  board ;  and  the  fee  of  the 
lands,    water-courses,   rights    of    way  or    easements,   or 
sewers  or  parts  of  sewers  so  taken  or  purchased  shall  vest 
in  the  Commonwealth,  which  shall  pay,  in  the    manner 
hereinafter  described,  all  damages  that  shall  be  sustained 
by  any  person  or  corporation  by  reason  of  such  taking  or 
entering  as  aforesaid.     Such  damages  to  be  agreed  upon  Damages. 
by  said  board  and  the  person  or  corporation  injured  ;  and 
if  the  parties  cannot  agree  a  jury  in  the  superior  court  of 
the  county  in  which  the  property  taken  or  damaged  is 
situated  may  be  had  to  determine  the  same  in  the  same 
manner  as  a  jury  is  had  and  damages  are  determined  in 
the  case  of  persons  dissatisfied  with  the  estimate  of  dam- 
ages sustained  by  the  laying  out  of  ways  in  the  city  of 
Boston  :  provided,  however,  that  no  suit  for  such  damages  suit  for  dam. 
shall  be  brought  after  the  expiration  of  two  years  from  the  brought  after*" 
date  of  the  recording  of  the  taking  or  entering  as  herein  rlcording/etT 
required. 

Section  5.     Said  board  may,  for  the  purposes  afore- May  carry 
said,  carry  and  conduct  any  sewer  by  it  to  be  made  and  under  street^ 
constructed  under  or  over  any  water-course,  or  any  street,  ^^^^er.course, 
turnpike  road,  railroad,  highway  or  other  way  in  such 
manner  as  not  unnecessarily  to  obstruct  or  impede  travel 
thereon  ;  and  may  enter  upon  and  dig  up  any  such  road, 
street   or  way  for  the  purpose  of    laying  down  sewers 
beneath  the  surface  thereof  and  for  maintaining  and  repair- 
ing the  same  ;  and  in  general  may  do  any  other  acts  and 
things  necessary  or  convenient  and  proper  for  the  purposes 


1156  1889.  — Chapter  439. 

of  this  act.  In  entering  upon  and  digging  up  any  such  road, 
street  or  way  of  public  travel  it  shall  be  subject  to  such 
reasonal)le  regulations  as  may  be  made  by  the  mayor  and 
aldermen  or  selectmen  of  the  cities  and  towns  respectively 
wherein  such  works  shall  be  performed. 
^^eeis'tolje  SECTION  6.       Whenever  said  board    shall  dig  up  any 

restored  to  good  j-Qad,  strcct  or  wav ,  as  aforesaid,  it  shall  so  far  as  practi- 

orderand  '  i  in  -,  i-    • 

coudition.  cable  rcstorc  the  same  to  as  good  order  and  condition  as 

the  same  was  in  when  such  digging  commenced.  And 
the  Commonwealth  shall  at  all  times  indemnify  and  save 
harmless  the  several  cities  and  towns  within  which  such 
roads,  streets  or  ways  may  be  against  all  damages  which 
may  be  recovei'ed  against  them  respectively,  and  shall 
reim])urse  to  them  all  expenses  which  they  shall  incur  by 
reason  of  any  defect  or  want  of  repair  in  any  road,  street 
or  way  caused  by  the  construction  of  any  of  said  sewers, 
or  by  the  maintaining  or  repairing  of  the  same  :  provided, 
that  said  board  shall  have  due  and  reasonable  notice  of 
all  claims  for  such  damages  or  injury  and  opportunity 
to  make  a  legal  defence  thereto. 
direct'k)n"Sf  any  SECTION  7.  Said  board  may  also  alter  or  change  the 
water  course,  coursc  or  dircctlou  of  any  water-course,  or  may  with  the 
consent  of  the  mayor  and  aldermen  of  cities  or  select- 
men of  towns  alter  or  change  the  location  or  grade  of  any 
highway,  townway,  public  street  or  way  of  travel  crossed 
by  any  sewers  constructed  under  the  provisions  of  this 
act,  or  in  which  such  sewers  may  be  located. 
^ccouX'^tobe  Section  8.  Said  board  shall  at  all  times  keep  for  each 
kept.  ^f  gj^jj  systems  full,  accurate  and  separate  accounts  of  its 

receipts,  expenditures,  disbursements,  assets  and  liabili- 
ties, and  shall  include  an  abstract  of  the  same  in  its  annual 
report  to  the  general  court. 
k.ca'uewers°^         Section  9.     Any  city  or  town  within  whose  limits  any 
sewers'""         main  sewer  shall  have  been  constructed  under  the  pro- 
visions of  this  act  shall  connect  its  local  sewers  with  such 
main  sewer,  subject  to  the  direction  and  control  of  said 
board,  and  any  person,  firm  or  corporation  may,  subject 
to  the  direction,  control  and  regulation  from  time  to  time 
of  said  board,  and  subject  to  such  terms,  conditions  and 
regulations  as  each  city  or  town   may  prescrilie,  connect 
private  drains  with  said  main  sewer. 
h.ju?y 't"  ^""^  Section  10.     Any  person  or  persons  who  shall  wan- 

property,  tonly  or  maliciously  destroy  or  injure  any  sewer  or  other 

property,  held  or  used  by  said  board  by  the  authority  and 


]  889.  —  Chapter  439.  1157 

for  the  purposes  of  this  act,  shall  forfeit  and  pa}'  to  the 
Commonwealth  three  times  the  amount  of  the  damages 
that  shall  be  assessed  therefor,  to  be  recovered  by  any 
proper  action.  And  every  such  person  or  persons  may, 
on  indictment  and  conviction  of  either  of  the  wanton  or 
malicious  acts  aforesaid,  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars  and  imprisonment  not  exceeding 
one  year. 

Section  11.     The  state  board  of  health  shall,  on  the  pians,  maps, 
organization  of  the  board  created  by  this  act,  transfer  and  deuVered%ver 
deliver  over  to  said  board  all  books,  plans,  maps,  engi-  IheBmebMrd 
necrs'  reports,  instruments  and  other  property  acquired  of  health. 
during  the  surveys  and  investigations  relating  to  the  sys- 
tems of  sewage  disposal  for  the  Mystic  and  Charles  river 
valleys  on  which  the  report  of  the  said  board  of  health, 
hereinbefore  referred  to,  was  founded. 

Section  12.     To  meet  the  expenses  incurred  under  the  Metropolitan 

..  /»,!•  jjij  1  •  I    Sewerage  Loan 

provisions  or  this  act,  the  treasurer  and  receiver-general  not  to  exceed 
shall  with  the  approval  of  the  governor  and  council  issue  ^^'^o^.ooo. 
from  time  to  time  scrip  or  certificates  of  debt  in  the  name 
and  behalf  of  the  Commonwealth  and  under  its  seal  to  an 
amount  not  exceeding  five  million  dollars,  for  a  term  not 
exceeding  forty  years.  Said  scrip  or  certificates  of  debt 
shall  be  issued  as  registered  bonds  or  with  interest 
coupons  attached,  and  shall  bear  interest  not  exceeding 
four  per  cent,  per  annum,  payable  semi-annually  on  the 
first  days  of  March  and  September  in  each  year.  Such 
scrip  or  certificates  of  debt  shall  be  designated  on  the  face 
as  the  Metropolitan  Sewerage  Loan ;  shall  be  counter- 
signed by  the  governor,  and  shall  be  deemed  a  pledge  of 
the  faith  and  credit  of  the  Commonwealth  redeemable  at 
the  time  specified  therein  in  the  lawful  money  of  the 
United  States,  and  shall  be  sold  and  disposed  of  at  public 
auction,  or  in  such  other  mode,  and  at  such  times  and 
prices,  and  in  such  amounts  and  at  such  rate  of  interest 
not  exceeding  four  per  centum  per  annum  as  the  governor 
and  council  shall  deem  for  the  best  interest  of  the  state. 
The  treasurer  and  receiver-general  shall  on  issuing  any  of  ^^"e^s^abi^hed? 
said  scrip  or  certificates  of  debt  establish  a  sinking  fund, 
and  apportion  thereto  from  year  to  year  an  amount  suffi- 
cient with  its  accumulations  to  extinguish  the  debt  at 
maturity.  But  in  such  apportionment  of  a  sinking  fund 
the  assessment  shall  be  at  the  rate  of  one-eightieth  part 
of  the  whole  amount  in  each  of  the  first  ten  years,  one- 


1158 


1889.  —  Chapter  439. 


Premium  on 
Bcrip  to  be 
applied  to  pay- 
ineut  of 
interest. 


Amounts  to  be 
paid  by  the 
several  cities 
and  towns  for 
five  years  to  be 
determined  by 
commissioners 
appointed  l>y 
the  supreme 
judicial  court. 


After  expiration 
of  five  j'ears 
other  eomrais- 
pioners  to  be 
appointed  for 
like  purpose. 


Amount  re- 
quired from 
each  ciiy  and 


sixtieth  part  in  each  of  the  second  ten  years,  one  thirtieth 
part  in  each  of  the  third  ten  years  and  the  remainder 
equally  divided  in  the  next  ten  years.  Any  premium 
realized  in  the  sale  of  said  scrip  or  certificates  of  debt 
shall  be  applied  to  the  payment  of  the  interest  on  said 
loan  as  it  accrues. 

Section  13.  The  supreme  judicial  court  sitting  in 
equity  shall,  on  the  application  of  said  board  after  notice 
to  each  of  the  cities  and  towns  hereinbefore  named, 
appoint  three  commissioners,  who  shall  not  be  residents 
of  an}'  of  the  cities  or  towns  mentioned  in  this  act,  who 
shall  after  due  notice  and  hearing  and  in  such  manner  as 
they  shall  deem  just  and  equitable  determine  for  each 
system  the  proportion  in  which  each  of  the  cities  and 
towns  hereinbefore  named  shall  annually  pay  money  into 
the  treasury  of  the  Commonwealth  for  the  term  of  five 
years  next  following  the  year  of  the  first  issue  of  said 
scrip  or  certificates,  to  meet  the  interest  and  sinking  fund 
requirements  for  each  of  said  years  as  estimated  by  said 
treasurer,  and  to  meet  the  cost  of  maintenance  and  oper- 
ation of  said  system  for  each  of  said  years,  as  estimated 
by  the  said  board  and  certified  to  said  treasurer,  and  any 
deficiency  in  the  amount  previously  paid  in,  as  found  by 
said  treasurer,  and  shall  return  their  award  into  said  court ; 
and  when  said  award  shall  have  been  accepted  b}^  said 
court  the  same  shall  be  a  final  and  conclusive  adjudication 
of  all  matters  herein  referred  to  said  commissioners  and 
shall  be  binding  on  all  parties. 

Section  14.  Before  the  expiration  of  said  term  of  five 
3'ears  and  every  five  years  thereafter  other  commissioners, 
who  shall  not  be  residents  of  any  of  the  cities  or  towns 
mentioned  in  this  act,  shall  be  appointed  as  aforesaid,  who 
shall  in  such  manner  as  they  deem  just  and  equitable 
determine  the  proportion  in  which  each  of  said  cities 
and  towns  in  each  of  said  systems  shall  annually  pay 
money  into  the  treasury  of  the  Commonwealth  as  aforesaid 
for  the  next  succeeding  term  of  five  years,  and  shall 
return  their  award  into  said  court ;  and  when  said  award 
shall  have  been  accepted  by  said  court  the  same  shall  be 
a  final  and  conclusive  adjudication  of  all  matters  herein 
referred  to  said  commissioners  and  shall  be  bindins^  on 
all  parties. 

Section  15.  The  amount  of  money  required  each 
year  from  each  such  city  and  town  to  meet  the  interest, 


1889.  — Chapter  440.  1159 

sinkinjr  fund  requirements  and  cost  aforesaid  for  that  sys-  town  to  be 

o  J-  ^        "^  esliniiited  bv 

tern  in  whicii  it  is  included  for  ea-ch  year,  and  deficiency,  treai^urer,  and 
if  any,  shall  be  estimated  by  said  treasurer  in  accordance  coifecu'd  with 
with  the  proportion  determined  as  aforesaid,  and  shall  be  the  state  tax. 
included  in  and  made  a  part  of  the  sura  charged  to  such 
city  or  town,  and  be  assessed  upon  it  in  the  apportion- 
ment and    assessment  of  its  annual  state  tax,   and  said 
treasurer  shall  in  each   year  notify  each  such    city  and 
town  of  the  amount  of  such  assessment,  which  amount 
shall  be  paid  by  the  city  or  town  into  the  treasury  of  the 
Commonwealth  at  the  time  required  for  the  payment  and 
as  a  part  of  its  state  tax. 

Section  16.      The  supreme  judicial  court  shall  have  supreme  judt- 
jurisdiction  in  equity  to  enforce  the  provisions  of  this  act,  ha^ve^urisdic- 
and  shall  fix  and  determine  the  compensation  of  all  com-  ^lon  m  equity. 
missioners  appointed  by  said  court  under  the  provisions 
hereof. 

Section  17.     This  act  shall  take  effect  upon  its  pas- 
sage. Approved  June  7,  1889. 


ChapA^O 


Aji  Act  concerning   the   printing   and   distribution  of   the 

LAWS   AND   public   DOCUMENTS. 

Be  it  enacted,  etc.,  as  follows  : 

PRINTING    AND    DISTRIBUTION    OF    THE     LAWS. 

Section  1 .     The  secretary  of  the  Commonwealth  shall  Printing  of  acts 
at  the  close  of  each  session  of  the  general  court  collate  the  close  of  each 
and   cause    to  be   printed    in  one  volume,  in  style  and  general  comt. 
arrangement    as    heretofore,    all    the   acts    and   resolves 
passed  and  any  amendments  to  the  constitution  agreed 
to  during  such  session,  with  the  governor's  address  and 
messages,  the  constitution  of  the  Commonwealth,  a  list  of 
the  changes  of  names  returned  during  the  preceding  year 
by  the  probate  courts,  a  list  of  the  officers  of  the  civil 
government  of  the  Commonwealth  and  an  index. 

Section  2.       Seven     thousand     five    hundred    copies  Distribution  of 
of  said  volume  shall  be  printed,  and  the  secretary  shall  reLuls.''"'' 
immediately  after  their  publication   deposit   one   of  said 
copies  in  his  otfice  and  distribute  others  as  follows  :  — 

To  the  clerk  of  the  senate,  for  the  use  of  the  senate, 
twelve  copies. 

To  the  clerk  of  the  house  of  representatives,  for  the  use 
of  the  house,  twenty-four  copies. 


1 1 60  1889.  —  Chapter  440. 

onhe  acu°°  To  the  librarian  of  the  state  library,  for  the  use  of  the 

and  resolves.      Hbrarj,  twentj-five  copies. 

To  each  member  of  the  general  court  and  to  the  clerks 
of  each  branch  thereof,  ten  copies. 

To  the  following  officers,  persons  and  institutions,  one 
copy  each  :  — 

The  jTovernor ;  the  lieutenant-g-overnor ;  each  member 
of  the  council ;  the  treasurer  and  receiver-general ;  the 
auditor  of  the  Commonwealth  ;  the  attorney-general ;  the 
adjutant-general ;  the  masters  in  chancery  ;  trial  justices  ; 
justices  of  the  peace  to  issue  warrants  and  take  bail ;  the 
judges,  clerks  and  registers  of  the  judicial  courts  ;  the 
district  attorneys  ;  the  county  commissioners  ;  the  sheriffs 
and  keepers  of  jails  ;  the  registers  of  deeds  ;  the  keepers 
of  the  houses  of  correction  ;  the  warden  of  the  state 
prison  ;  superintendents  of  the  Massachusetts  reformatory 
and  reformatory  prison  for  women  ;  the  county  treasurers  ; 
the  several  clerks  of  cities  and  towns,  for  the  use  of  such 
places ;  Harvard  university,  for  the  law  library  ;  Harvard 
university ;  Williams  college ;  Amherst  college ;  Tufts 
college ;  Historic-genealogical  society ;  the  trustees  of 
the  Museum  of  comparative  zoology ;  the  American 
academy  of  arts  and  sciences  ;  the  Massachusetts  histori- 
cal society ;  the  Boston  athenreum  ;  the  American  anti- 
quarian society  in  "Worcester ;  the  Pilgrim  society  in 
Plymouth  ;  the  Old  colony  historical  society  in  Taunton  ; 
Essex  institute  ;  the  Williston  seminary  ;  Boston  univer- 
sity ;  Massachusetts  institute  of  Technology ;  the  college 
of  the  Holy  Cross  at  Worcester ;  the  Massachusetts  agri- 
cultural college  at  Amherst;  Wellesley  college;  Smith 
college  ;  Boston  college  ;  Boston  dental  college  ;  Worces- 
ter county  free  institute  ;  the  State  normal  schools ;  to 
such  high  schools  in  the  Commonwealth  as  may  apply 
for  them ;  the  Mount  Holyoke  female  seminary  and 
college ;  the  Bradford  academy ;  to  each  incorporated 
academy  ;  and  to  one  common  school  in  each  town  having 
no  high  school,  such  school  to  be  designated  by  the 
school  committee  of  said  town ;  to  each  free  ^^ublic 
library  in  the  Commonwealth  which  is  open  to  the  use  of 
the  inhabitants  of  the  city  or  town  where  it  is  situated  ; 
the  chief  of  the  district  police  ;  insurance  commissioner ; 
secretary  of  the  board  of  agriculture  ;  board  of  lunacy 
and  charity ;  board  of  education  ;  harbor  and  land  com- 
missioners ;    commissioners  of  prisons  ;  railroad  commis- 


1889.  — Chapter  440.  1161 

sioners ;  commissioners  of  savings  banks ;  bureau  of 
statistics  of  labor ;  controller  of  county  accounts  ;  civil 
service  commission  ;  state  board  of  health ;  gas  and  elec- 
tric light  commissioners  ;  the  law  library  societies  in  each 
county ;  the  judges  of  the  supreme  court  of  the  United 
States  ;  the  judge  of  the  district  court  of  the  United 
States  for  the  district  of  Massachusetts  ;  the  clerks  of 
the  courts  of  the  United  States  for  the  district  of 
Massachusetts. 

To  the  secretary  of  state  of  the  United  States,  four 
copies. 

To  the  secretary  of  each  state  and  territory  of  the 
United  States,  for  the  use  of  the  state  or  territory,  three 
copies. 

To  the  library  of  congress,  three  copies. 

Section  3.     The  secretary  of  the  Commonwealth  shall  t^ronhefct« 
also  at  the  close  of  each  session  of  the  oreneral  court  cause  ""'i  "^solves  to 

.  11  n  1  I  ,be  printed  and 

to  be  published  in  pamphlet  form  twenty-hve  thousand  distributed. 
copies  of  all  the  acts  and  resolves  passed  and  of  any  pro- 
posed amendments  to  the  constitution  agreed  to  during 
such  session,  and  shall  cause  a  copy  of  each  separate  por- 
tion or  signature,  so  called,  of  such  edition,  as  soon  as  it 
may  be  printed,  to  be  sent  to  each  of  the  following  offi- 
cers :  —  the  clerks  of  the  several  cities  and  towns,  for  the 
use  of  the  inhabitants  thereof;  the  justices  and  clerks  of 
the  supreme  judicial  and  superior  courts  ;  the  judges  and 
clerks  of  the  municipal,  police  and  district  courts  ;  the 
judges  and  registers  of  the  probate  courts  ;  the  district 
attorneys  ;  the  sheriffs  ;  the  trial  justices  ;  the  justices  of 
the  peace  designated  to  issue  warrants  and  take  bail ;  the 
county  law  libraries  of  the  Commonwealth.  He  shall 
cause  the  remaining  copies  to  be  apportioned  according  to 
the  census  and  sent  to  the  clerks  of  the  several  cities  and 
towns,  to  be  delivered  by  them  to  such  inhabitants  of 
said  cities  and  towns  as  make  application  therefor ;  but 
when  it  appears  from  the  representation  of  the  clerk  of  a 
city  or  town  that  the  number  of  copies  to  which  such  city 
or  town  is  entitled  is  greater  than  the  number  applied  for 
by  its  inhabitants,  the  portion  assigned  to  such  city  or 
town  may  be  diminished. 

Section  4.     The  secretary  shall,  at  an  annual  expense  General  laws  to 
of  not  more  than  five  hundred  dollars,  publish  the  general  a  newspaper  to 
laws  and  other  official  information  intended  for  the  public  by  the'secre-*' 
in  such  newspaper  in  the  Commonwealth  as  he  may  select,  ^'^'^y- 


1162 


1889.  — Chapter  440. 


Certain  reports 
to  include  the 
year  ending  on 
the  thirtieth  day 
of  September. 


Public  officers, 
etc.,  to  make 
special  reports 
when  public 
interests  so 
require. 
Series  of  public 
documents. 


PRINTING    AND    DISTRIBUTION    OF    PUBLIC    DOCUMENTS. 

Section  5.  The  annual  reports  which  are  required  by 
law  or  custom  to  be  made  to  the  governor  and  council,  to 
the  general  court,  to  the  secretary  of  the  Commonwealth, 
or  to  the  governor  to  be  by  him  transmitted  to  the  general 
court,  shall  except  when  other  provision  is  made  include 
the  year  ending  on  the  thirtieth  day  of  September  and  be 
submitted  to  the  secretary  of  the  Commonwealth  on  or 
before  the  fifteenth  day  of  October ;  and  whoever  wilfully 
neglects  to  make  and  transmit  a  report  as  required  by  this 
section  shall  forfeit  ten  dollars  for  each  day  such  neglect 
continues. 

Section  6.  Public  officers,  trustees  of  public  institu- 
tions and  boards  shall  in  addition  to  their  annual  reports 
make  special  reports  when  the  public  interests  so  require. 

Section  7.  There  shall  be  printed  annually  on  or 
before  the  assembling  of  the  general  court  or  as  soon 
thereafter  as  possible  the  number  of  copies  of  documents 
and  reports  specified  in  the  following  list,  the  same  to  be 
numbered  in  a  series  to  be  called  public  documents  and 
distributed  as  herein  provided.  Said  reports  shall  be 
made  as  brief  as  may  be  without  omitting  any  facts  or 
information  which  the  officers  or  departments  making 
them  are  required  by  law  to  furnish  therein,  and  they 
shall  be  transmitted  to  the  general  court  through  the 
office  of  the  secretary  of  the  Commonwealth.  No  larger 
number  of  copies  than  is  herein  provided  for  shall  be 
printed  at  the  expense  of  the  Commonwealth,  or  be  paid 
for  out  of  any  contingent  fund  or  out  of  the  earnings  of 
any  department  or  institution  where  such  earnings  are 
the  property  of  the  Commonwealth;  and  no  bill  for 
printing  any  larger  number  shall  be  approved  by  the 
auditor  or  paid  out  of  any  funds  belonging  to  the  Com- 
monwealth. 

Report  of  treasurer  and  receiver-general,  one  thousand 
five  hundred  copies. 

Report  of  auditor  of  accounts,  one  thousand  five  hun- 
dred copies. 

Report  of  attorney-general,  one  thousand  two  hundred 
and  fifty  copies. 

Report  of  adjutant-general,  two  thousand  copies. 

Report  of  secretary  of  the  state  board  of  education, 
four  thousjHid  five  hundred  copies. 


i 


1889.  — Chapter  MO.  1163 

Report  of  librarian  of  state  library,  one  thousand  five  series  of  pubuc 

,  ,  "■     -,  .  documents. 

hundred  copies. 

Report  of  secretary  of  the  state  board  of  agriculture, 
fifteen  thousand  copies. 

Report  of  trustees  of  Massachusetts  agricultural  col- 
lege, five  thousand  copies,  thirty-five  hundred  of  which 
shall  be  for  the  use  of  said  college. 

Report  of  board  of  control  of  the  state  agricultural 
experiment  station,  twenty-five  thousand  copies  ;  fifteen 
thousand  copies  of  which  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. 

Report  of  state  board  of  lunacy  and  charity,  two  thou- 
sand copies. 

Report  of  the  state  board  of  health,  five  thousand 
copies. 

Report  of  railroad  commissioners,  four  thousand  two 
hundred  and  fifty  copies ;  two  thousand  two  hundred  and 
fifty  of  which  sliall  be  bound  without  returns. 

Report  of  savings  bank  commissioners,  two  thousand 
five  hundred  copies. 

Report  of  controller  of  accounts  of  county  officers,  etc., 
one  thousand  copies. 

Report  of  insurance  commissioner  on  fire  insurance, 
two  thousand  five  hundred  copies. 

Report  of  insurance  commissioner  on  life  insurance, 
three  thousand  copies. 

Report  of  harbor  and  land  commissioners,  one  thousand 
five  hundred  copies. 

Report  of  board  of  commissioners  of  prisons,  one  thou- 
sand seven  hundred  and  fifty  copies  ;  of  that  portion  of 
said  report  referring  to  the  reformatory  prison  for  women, 
five  hundred  copies  for  the  use  of  the  superintendent ;  of 
that  portion  referring  to  the  state  prison,  five  hundred 
copies  for  the  use  of  the  warden ;  of  that  portion  of  said 
report  referring  to  the  Massachusetts  reformatory,  five 
hundred  copies  for  the  use  of  the  superintendent,  and  of 
that  portion  referring  to  the  agent  for  aiding  discharged 
convicts,  two  hundred  and  fifty  copies  for  the  use  of  said 
agent. 

Report  of  commissioners  on  inland  fisheries  and  game, 
two  thousand  copies. 

Report  of  tax  commissioner,  one  thousand  five  hundred 
copies. 


1 164  1889.  —  Chapter  440. 

documenu"^""       Aggregates  of  polls,  property  and  taxes,  one  thousand 
five  hundred  copies. 

Abstract  of  returns  of  corporations,  two  thousand  five 
hundred  copies. 

Report  of  registration  of  births,  marriages  and  deaths, 
two  thousand  copies. 

Report  of  bureau  of  statistics  of  labor,  six  thousand 
copies,  and  in  addition  thereto  five  hundred  copies  in  parts. 

The  reports  of  the  bureau  of  statistics  of  labor,  or  any 
part  thereof,  may  be  electrotyped  at  the  discretion  of  the 
chief  of  said  bureau. 

Report  of  trustees  of  state  primary  and  reform  schools, 
one  thousand  five  hundred  copies. 

Reports  of  trustees  of  the  lunAtic  hospitals  at  North- 
ampton, Taunton,  Worcester,  Danvers,  and  the  insane 
hospital  at  Westborough,  two  thousand  copies  each. 

Report  of  trustees  of  the  state  farm,  two  thousand 
copies. 

Report  of  trustees  of  the  state  almshouse,  one  thou- 
sand five  hundred  copies. 

Report  of  trustees  of  Perkins  institution  and  Massa- 
chusetts school  for  the  blind,  one  thousand  two  hundred 
and  fifty  copies. 

Report  of  Massachusetts  school  for  the  feeble-minded, 
one  thousand  five  hundred  copies. 

Report  of  board  of  registration  in  dentistry,  one  thou- 
sand five  hundred  copies. 

Report  of  board  of  registration  in  pharmacy,  one  thou- 
sand five  hundred  copies. 

Report  of  board  of  arbitration  and  conciliation,  one 
thousand  five  hundred  copies. 

Report  of  chief  of  district  police,  one  thousand  five 
hundred  copies. 

Report  of  general  superintendent  of  prisons,  one  thou- 
''  sand  two  hundred  copies. 

Report  of  gas  and  electric  light  commissioners,  three 
thousand  copies. 

Report  of  cases  of  contested  elections,  one  thousand 
copies,  five  hundred  copies  of  which  shall  be  for  the  use 
of  the  general  court. 

Report   of    statistics    of    manufactures,    ten    thousand 
copies. 
piibnc''docu'l  °^        Section  8.     Five  hundred  copies  of  each  of  the  series 
ments.  of  pubHc  documcuts  named  in  the  preceding  section  shall 


1889.  —  Chapter  440.  1165 

be  retained  by  the  state  printers  for  binding  in  sets  ;  and 
the  secretary  of  the  Commonwealth  shall  furnish  one  set 
in  a  bound  volume  with  a  brief  index  to  each  city  and 
town  in  the  Commonwealth,  to  be  preserved  in  some 
public  place  therein,  and  one  set  to  such  public  and  other 
libraries  as  he  in  his  discretion  may  select.  All  public 
documents  the  distribution  of  which  is  not  otherwise  pro- 
vided for  shall  be  distributed  under  direction  of  the  sec- 
retary of  the  Commonwealth  and  of  the  secretaries  or 
heads  of  the  several  boards  and  departments  to  which 
they  relate. 

Section  9.    There  shall  also  be  printed  the  following  ; — 

One  thousand  copies  of  the  journals  of  the  senate  and  fp°"J'"g'*an^* 
house  of  representatives,  to  be  distributed  as  follows,  to  bouse. 
wit :  one  copy  to  each  member  of  the  legislature,  one 
copy  to  be  sent  to  each  public  and  incorporated  library 
in  the  state  by  the  secretary  of  the  Commonwealth,  and 
the  balance  to  be  distributed  under  the  direction  of  the 
clerks  of  the  two  branches. 

Of  the  manual  of  the  general  court,  to  be  prepared  Manual. 
each  year  by  the  clerks  of  the  two  branches,  eight  thou- 
sand five  hundred  copies. 

Of  the  lists  of  members  and  committees  of  the  general  J^efsVnd^om- 
court,  to  be  prepared  each  year  by  the  clerks  of  the  two  mutees. 
branches,  one  thousand  two  hundred  copies. 

Of  a  book  containing  rulings  of  the  two  branches  of  ^^^''^^^j^^'i^'g'^/ 
the  o-eneral  court,  with  notes  of  rulino^s  of  the  presiding  of  the  general 

-,   ^  ,  ^O  1  <->    court,  with 

officers,  a  list  of  members  and  committees  of  the  general  notes  of  rules 
court,  in  convenient  form  for  pocket  use,  to  be  prepared  lalcers.  '"^ 
each  year  by  the  clerks  of  the  two  branches,  seven  hun- 
dred   copies,    three    hundred   and  fifty   of    which    shall 
be  bound  in    memorandum    book   form    for   the    use    of 
members  and  officers  of  the  general  court. 

Of  the  governor's  address,  nine  hundred  copies  for  the  Governor's 
use  of  the  general  court,  and  one  thousand  one  hundred  " 
copies  in  addition,  live  hundred  of  which  shall  be  for  the 
personal  use  of  the  governor. 

Section  10.  Each  member  of  the  executive  and  legis-  Distribution  of 
lative  departments,  the  clerks  and  assistant  clerks  of  both  named  in  sec 
branches  of  the  general  court,  and  each  reporter  assigned 
a  seat  in  either  branch,  shall  be  entitled  to  receive  one 
copy  of  each  of  the  documents  named  in  sections  seven 
and  nine,  and  ten  copies  of  each  shall  be  placed  in  the 
state  library  for  the  use  of  said  library  and  for  exchange. 


tiona  seven  and 
nine. 


1166 


1889.  — Chaptek  440. 


Distribiitiou. 


Reports  of 
certain  officers 
may  be  put  in 
type  previous 
to  first  Wednes- 
day in  January. 


Towns  here- 
after incorpo- 
rated to  be 
furuislied  with 
reports  of 
decisions  of 
supreme  judi- 
cial court,  etc. 


Each  member  of  the  oreneral  court  shall  be  entitled  to 
receive  sixteen  copies  of  the  manual ;  three  hundred 
copies  thereof  shall  be  reserved  for  the  succeeding  gen- 
eral court.  The  following  distribution  shall  be  made  by 
the  secretary  of  the  Commonwealth  :  one  copy  to  each  of 
the  free  and  public  libraries 'in  the  Commonwealth ;  one 
copy  to  each  of  the  city  and  town  clerks  for  the  use  of 
said  city  or  town  ;  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  commissions  ; 
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  of  the 
manual  and  of  the  lists  of  members  and  committees  shall 
be  distributed  by  the  clerks  of  the  two  branches,  at  their 
discretion,  but  members  of  the  general  court  and  state 
officers  shall  be  entitled  to  first  consideration. 

Each  member  of  the  general  court  and  the  clerks  of 
each  branch  thereof  shall  also  be  entitled  to  receive 
twenty-four  additional  copies  of  the  report  of  the  secre- 
tary of  the  board  of  agriculture  ;  seven  additional  copies 
of  the  report  of  the  state  board  of  health  ;  seven  addi- 
tional copies  of  the  report  of  the  bureau  of  statistics  of 
labor,  and  five  additional  copies  of  the  report  of  the 
secretary  of  the  board  of  education. 

Section  11.  The  treasurer,  auditor,  attorney-general, 
adjutant-general,  board  of  education,  and  board  of  agricul- 
ture, in  their  discretion  may  require  any  portion  of  their 
reports  to  be  put  in  type  previous  to  the  first  Wednesday 
in  January  annually. 

Section  12.  The  secretary  of  the  Commonwealth 
shall  furnish  to  every  town  hereafter  incorporated  a  full 
set  of  the  reports  of  the  decisions  of  the  supreme  judicial 
court,  a  copy  of  the  Public  Statutes  and  copies  of  all  such 
documents  then  in  his  department  as  shall  have  been  pre- 
viously furnished  to  towns  by  the  Commonwealth ;  ^jro- 
vided,  that  the  clerk  of  such  town  shall  first  file  with  the 
secretary  a  certificate  in  writing  to  the  effect  that  the  town 


1889.  — Chapter  441.  1167 

has  provided  at  its  own  expense  a  suitable  book-case  for 
the  preservation  of  the  documents  so  to  be  furnished. 

Section  13.     No  town  which  has  ever  been  furnished  ^upyited^iffoJ" 
with  any  documents  shall  in  case  of  loss  or  destruction  be  or  destroyed. 
again  supplied  with  the  same  at  the  expense  of  the  Com- 
monwealth. 

Section  14.  Chapter  four  of  the  Public  Statutes,  and  ^'P'"'- 
chapter  three  hundred  and  sixty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-five,  and  chapters 
twenty-three,  eighty-five,  one  hundred  and  twenty-two, 
one  hundred  and  eighty-six  and  two  hundred  and  fifty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight ;  and  chapters  thirty-two,  thirty-five,  one  hundred 
and  twenty-four,  one  hundred  and  fifty,  one  hundred  and 
sixty-four,  and  two  hundred  and  twelve  of  the  acts,  and 
chapter  thirteen,  of  the  resolves,  of  the  year  eighteen 
hundred  and  eighty-nine,  and  all  acts  or  parts  of  acts  in- 
consistent with  this  act  are  hereby  repealed. 

Section  15.     This  act  shall  take  eflect  upon  its  passage. 

Approved  June  7,  1889. 

An  Act  to  authorize  the  city  of  salem  to  take   certain  (7^^79.441 
lands  in  south  river  for  the  laying  out  of  streets  and 
for  the  preservation  of  the  public  health  in  said  city. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  city  of  Salem,  for  the  purpose  of  lay-  May  take  lands 
ing  out  streets  or  ways  therein  and  of  abating  or  prevent-  souti/river. 
ing  any  nuisance  in  the  South  river,  so  called,  in  said 
city,  may  from  time  to  time  acquire  by  purchase  or  take 
any  or  all  of  the  lands  and  flats  in  said  city  lying  or  in- 
cluded in  said  South  river  easterly  of  the  location  of  the 
Eastern  Railroad  Company  and  betw^een  Mill  and  Cedar 
streets. 

Section  2.     The  said  city  shall  cause  to  be  recorded  Recorded  In ''^ 
in  the  registry  of  deeds  for  the  southern  district  of  the  registry  of  deeds 

V  a  ClGSCl'lDtiOIl 

county  of  Essex  a  description  of  any  lands  or  flats  taken  of  lands,  etc., 
under  this  act  as  certain  as  is  required  in  an  ordinary  con- 
veyance of  land,  with  a  statement  signed  by  the  mayor  of 
said  city  that  the  same  are  taken  in  the  name  and  behalf 
of  said  city  under  the  provisions  hereof;  and  the  record- 
ing of  such  description  and  statement  shall  be  deemed  to 
be  the  taking  of  such  lands  or  flats  and  to  be  sufficient 
notice  to  all  persons  that  the  same  have  been  so  taken. 


1168 


1889.  —  Chaptek  442. 


May  fill  lands 
and  flats  with 
suitable  mate- 
rial. 


Tuie.to  vest  in    ^j^^  ^j^j^  ^^  .^^^  ^^^^^^  ^^^  ^^^^  g^  ^^^^^^  gj^^U  thereupon 

vest  absolutely  in  said  city. 
Settlement  of  Section  3.'     The  Said  city  shall  have  full  power  to 

settle  by  agreement  or  arbitration  the  amount  of  damages 
sustained  by  any  person  in  his  property  by  reason  of  the 
taking  of  any  lands  or  flats  as  aforesaid  ;  and  if  not  so 
settled  the  same  may  be  assessed  by  a  jury  at  the  bar  of 
the  superior  court  for  said  county  of  Essex  upon  petition 
to  be  filed  by  such  person  at  any  time  within  two  years 
after  such  taking,  and  not  afterwards.  The  provisions  of 
sections  sixty-five,  sixty-six  and  seventy-six  of  chapter 
one  hundred  and  sixty-seven  of  the  Public  Statutes  shall 
apply  to  any  such  proceeding ;  and  the  rights  of  persons 
having  different,  separate  or  contiogcnt  interests  or  estates 
in  any  parcel  of  lands  or  flats  so  taken  shall  be  the  same, 
in  respect  to  the  disposition  of  the  damages  agreed  upon 
or  awarded  as  aforesaid,  as  are  provided  by  law  in  respect 
to  damages  for  land  taken  for  highways. 

Section  4.  The  said  city  may  from  time  to  time  fill 
with  suitable  material  and  otherwise  improve  any  lands  or 
flats  acquired  or  taken  as  aforesaid  or  any  portion  thereof, 
and  shall  abate  any  nuisance  existing  or  arising  thereon, 
and  may  lay  out  any  streets  or  ways  upon  and  over  the 
same,  and  may  sell  and  convey  or  otherwise  dispose  of 
any  portion  of  said  lands  and  flats  not  required  for  public 
uses. 

Section  5.  All  things  done  under  the  authority  of 
this  act  in  and  over  tide- water  shall  be  subject  to  the  pro- 
visions of  chapter  nineteen  of  the  Public  Statutes. 

Section  6.  This  act  shall  take  efiect  when  accepted 
by  the  city  council  of  said  city.     Approved  June  7,  1889. 

Chcip.4:4:2i  A^N  Act  to  provide  for  determining  the  validity,  nature 
OR  extent  of  certain  incumbrances  upon  titles  to  real 
estate. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  When  the  title  to  land  appears  of  record 
to  be  afiected  by  a  possible  condition,  restriction,  reserva- 
tion, stipulation  or  agreement  made  or  imposed  more  than 
thirty  years  prior  to  the  commencement  of  the  proceed- 
ings hereinafter  provided  for,  any  person  having  a  free- 
hold estate,  vested  or  contingent,  in  possession,  reversion 
or  remainder,  in  said  land,  or  in  any  undivided  or  any 
aliquot  part  thereof,  or  any  interest  therein  which  may 


Subject  to 
provisions  of 
P.  8.  19. 


To  take  effect 
upon  accept- 
ance. 


When  estate  is 
conveyed  with 
covenants  of 
title,  etc.,  peti- 
tion may  be 
made  to  the 
supreme  Judi- 
cial court  for 
determination 
of  possible 
incumbrance. 


1889.  — Chapter  442.  1169 

eventually  become  a  freehold  estate,  and  any  person  who 
has  conveyed  snch  estate  or  any  such  interest  therein  with 
covenants  of  title  or  warranty,  may  file  a  petition  in  the 
supreme  judicial  court  for  the  purpose  of  determining  the 
validity  or  defining  the  nature  and  extent  of  such  possible 
condition,  or  other  incumbrance,  against  any  person  who 
might  be  entitled  in  any  event  to  claim  to  set  up  the  same 
or  to  enforce  or  avail  himself  thereof.     Two  or  more  such  Two  or  more 

,  ,  defects  may  be 

defects  of  the  same  general  character  m  a  title  to  the  same  set  forth  m  same 
parcel  of  land  or  to  different  portions  of  the  same  parcel 
of  land  may  be  set  forth  in  the  same  petition,  and  in  case 
of  a  contest  the  court  shall  make  such  order  for  separate 
issues  as  may  be  proper. 

Section  2.     When  it  is  averred  in  the  petition  that  "^'^^n  names  of 

'■  reBpondents  are 

there  are  necessary  or  proper  respondents  whose  names  unknown  pro- 

,  J        ji  /•,•  !•  til    ceedin^s  may  be 

are  unknown  to  the  petitioner,  proceedings  may  be  had  hudbyagenerai 
against  such  respondents  by  a  general  description  of  them,  '^°^'="p"°°- 
as  the  heirs  or  devisees  of  the  person  deceased,  as  persons 
claiming  under  certain  persons  named  or  described,  as  the 
owners  of  certain  lands,  or  otherwise.     When  the  precise 
name  of  any  respondent  cannot  be  ascertained,  he  may  be 
described  as  accurately  as  practicable ;    and  when    it  is 
averred    that   there    are    classes    of  necessary  or  proper 
respondents  whom  it  is  impracticable  and  unnecessary  to 
name  and  to  have  served  with  process  individually,  such 
respondents  may  be  proceeded  against  by  general  descrip- 
tion.    The  court  may,  by  amendment,  in  any  case  when  Amendment  of 
in  its  opinion  the  petitioner  can  and  should  do  so,  require  p'^''^"' 
him  to  name  or  describe  respondents  more  particularly. 
The    foreo-oinff   facts   shall    be    set  forth  on  oath   in  the  Facts  to  be  set 

,.,.  "  '^  forth  on  oath. 

petition. 

Section  3.     Such  notice  shall  be  given  to  non-resident  Notice  to 

.  o  non-resident 

respondents,  to  respondents  whose  residences  are  un-  respondents. 
known,  to  unknown  or  unnamed  respondents,  and  to  any 
other  respondents  upon  whom  for  any  reason  service 
cannot  be  made  under  existing  provisions  of  law,  as  the 
court  shall  deem  proper.  If  there  are  respondents  to  l)e 
affected  by  a  decree  of  the  court,  who  appear  not  to  have 
had  actual  notice  of  the  petition,  the  court  shall  appoint 
some  disinterested  party  to  act  as  agent  for  them. 

Section  4.     Upon  the  service  of  such  notice  in  accord-  court  to  make 

...  /.I  11  decree  upon 

ance  with  the  order  of  the   court,  the   court   shall  have  petition  and  as 
jurisdiction  of  all  persons  made  respondents  to  the  peti- 
tion in  the  manner  above  provided,  and  shall  upon  due 


1170 


1889.  — Chapter  443. 


Conamissioners 
of  the  Dudley 
Indians  may 
prosecute  in 
the  Buperior 
court  certain 
claims  against 
the  Common- 
wealth. 


hearing  make  such  decree  upon  the  petition  and  as  to 
costs  as  it  shall  deem  proper. 
Effect  of  the  SECTION  5.     The  decree  of  the  court,  determinino'  the 

decree.  ,  ",    , 

validity,  nature  or  extent  of  any  such  possible  condition 
or  other  incumbrance,  shall  be  effectual  to  exclude  all 
the  respondents  from  any  claim  thereunder  contrary  to 
such  determination,  and  the  decree  of  the  court,  excluding 
respondents  from  any  claim  thereunder,  shall  have  the 
same  force  and  effect  as  a  release  of  such  claims,  executed 
by  the  respondents  in  due  form  of  law. 

Approved  June  7,  1889. 

ChauA^^  ^^  ^^"^  '^^  ENABLE  THE  COMMISSIONERS  FOR  THE  DUDLEY  TRIBE 
OF  INDIANS  TO  PROSECUTE  IN  THE  SUPERIOR  COURT  CERTAIN 
CLAIMS   AGAINST   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  provisions  of  section  three  of  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine,  authorizing  the  several 
commissioners  appointed  under  said  chapter  to  sue  for, 
collect  and  receive  all  funds  belonojino;  to  or  held  in  trust 
for  any  tribe  of  Indians  for  which  such  commissioners 
are  appointed,  shall  be  held  to  authorize  the  commissioners 
appointed  under  said  chapter  for  the  benefit  of  the  Dud- 
ley tribe  of  Indians  to  bring  suit,  in  the  manner  provided 
by  chapter  one  hundred  and^  ninety-five  of  the  Public 
Statutes,  against  the  Commonwealth  for  the  enforcement 
of  any  claims  and  recovering  of  any  funds  rightfully  be- 
longing to  said  Indians,  and  such  suit  may  be  brought 
within  three  years  of  the  passage  of  this  act.  All  neces- 
sary expenses  incurred  by  the  said  commissioners  in  the 
prosecution  of  such  suit  shall  be  paid  from  the  treasury 
of  the  Commonwealth  upon  approval  of  the  governor  and 
council. 

Section  2.  The  provisions  of  section  four  of  chapter 
one  hundred  and  ninety-five  of  the  Public  Statutes  shall 
not  apply  to  suits  brought  under  this  act ;  and  it  shall  be 
the  duty  of  the  court  hearing  any  suit  brought  under  the 
provisions  of  this  act  to  report  in  detail  its  findings  of 
fact  and  the  conclusions  therefrom,  including  the  amount, 
if  any,  found  to  be  due,  to  the  general  court  next  to  be 
holden  after  the  decision  of  the  said  court  is  rendered. 

Approved  June  7,  1889. 


Court  to  report 
its  tindings  to 
the  general 
court  next  to 
be  holden. 


1889.— Chaptees  444,  445.  1171 

ChapAiA 


An  Act  providing  for  a  second  assistant  clerk  of  courts 

FOR   the   county   OF  ESSEX. 


of  Esses. 


Beit  enacted,  etc.,  as  folloius: 

Section  1.     The  justices  of  the  supreme  iudicial  court  second  assistant 

..  /'ji  -A  I'-iiii     clerk  of  courts 

or  a  majority  oi  them  may  appoint  a  second  assistant  clerk  for  the  county 
of  courts  for  the  county  of  Essex,  who  shall  be  subject  to 
the  provisions  of  law  applicable  to  assistant  clerks  in  said 
county,  and  who  shall  receive  in  full  for  all  services  per- 
formed by  him  an  annual  salary  of  fifteen  hundred  dollars, 
to  be  paid  by  said  county. 

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

Ajjproved  June  7,  1889. 


An  Act  to  provide  for  the  appointment  of  a  reserve  police 

FORCE  in   the   city   OF   LOWELL. 


(7/^02^.445 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  mayor  and  aldermen  of  the  city  of  Reserve  poike 

.•'.  "^  force  for  the 

Lowell  may,  from  time  to  time  and  under  such  rules  as  cuy  of  Loweii. 
the  civil  service  commissioners  of  the  Commonwealth  pre- 
scribe, appoint  suitable  persons  to  constitute  a  reserve 
police  force  for  said  city,  who  shall  at  no  time  exceed  ten 
in  number  and  who  shall  be  subject  to  such  rules  and 
regulations  as  the  mayor  and  aldermen  may  from  time  to 
time  prescribe,  and  who  may  be  removed  by  the  mayor 
and  aldermen  for  any  reason  satisfactory  to  them.  Said 
mayor  and  aldermen  may  assign  the  members  of  said 
reserve  police  force  to  duty  in  said  city  whenever  and  for 
such  time  as  they  shall  deem  necessary,  and  when  on  dut}'' 
they  shg,ll  have  and  exercise  all  the  powers  and  duties 
held  and  exercised  by  the  police  of  said  city. 

Section  2.     All  appointments  upon  the  regular  police  Appointments 
force  of  said  city  shall  be  made  from  the  reserve  police  poUceTo be*^ 
force  under  such  rules  as  the  civil  service  commissioners  ™'"'^  ^^°"^  '^^ 

reserve. 

of  the  Commonwealth  may  prescribe  ;  and  service  on  the 
reserve  police  force  for  not  less  than  six  months  shall  be 
deemed  to  be  equivalent  to  the  probationary  period  now 
required  by  the  rules  of  said  commissioners. 

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

Ajjproved  June  7,  1889. 


1172  1889.  — Chapters  446,  447,  448,  449. 


CAft79.446   ^^   -'^^^   PROVIDING   FOR   THE   TAXATION   OF  LEASED   PROPERTIES  IN 

USE   IN   THIS   COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  follows : 

enyleaUdfor  ^^^  persoDal  property  within  the  Commonwealth  leased 
profit  to  be  for  profit  shall  be  assessed  for  taxation  in  the  city  or  town 
situated.  wherc  such  property  is  situated  on  the  first  day  of  May  to 

the  owner  or  the  person  having  possession  of  the  same. 

Approved  June  7,  1889. 

ChcivA'^  An  Act  to  permit  the  granting  of  divorces  in  cases  of  the 

EXCESSIVE   USE   OF   OPIUM   OR   OTHER   DRUGS. 

Be  it  enacted.,  etc. ,  as  follows : 
Divorce  for  ^  divorce  from  the  bond  of  matrimony  may  be  decreed 

drunkenness,  t  r>  -\    t  ^  iii 

etc.  for  gross  and  confirmed  drunkenness  caused  by  the  volun- 

tary and  excessive  use  of  opium  or  other  drugs. 

Approved  June  7,  1889. 

Chcip.4:4S  ^^  ^^"^  RELATING  TO  THE  RECORDING  OF  OFFICE  COPIES  OF  IN- 
STRUMENTS AFFECTING  THE  TITLE  TO  LANDS  LYING  IN  MORE 
THAN   ONE   COUNTY   OR   REGISTRY   DISTRICT. 

Be  it  enacted,  etc. ,  as  folloios  : 

iwumeut?  °^  When  a  deed  or  other  writing  affecting  lands  lying  in 
affectiug  title  to  morc  than  one  county  or  registry  district  has  been  duly 

j^nds  Ivicitr  in 

more  than  one  rccordcd  in  ouc  couuty  or  district  in  which  a  part  of  the 
is°ry  m^tdc^t^'  land  lies,  an  office  copy  thereof  may  be  recorded  in  any 
other  county  or  district  in  which  a  part  of  the  land  lies, 
and  in  which  the  original  has  not  been  recorded,  and  the 
record  of  such  copy  shall  have  the  same  effect  as  a  record 
of  the  original  instrument.  Approved  June  7,'  1889. 

ChCl7J.4:4Q  ^^  ^^^  PROVIDING  FOR  THE  FINAL  DISTRIBUTION  OF  SUMS  OF 
MONEY  DEPOSITED  IN  THE  NAME  OF  A  JUDGE  OF  PROBATE 
COURT,  AS   TRUSTEE,   OR  BY   ORDER   OP  ANY   COURT. 

Be  it  enacted,  etc.,  as  folloios: 

ited'i'n81f^ing8  SECTION  1.  All  sums  of  moucy  hereafter  deposited 
banks,  etc.,  in     jn  savinoTs  banks,  institutions  for  savings  or  trust  com- 

njiniG  of  iuQ2G 

of  probate,  as     pauics  in  the  name  of  a  judge  of  probate  court,  as  trustee, 
intereet.  °   '^"^  or  by  ordcr  of  any  court,  shall  draw  interest  or  dividends 
at  the  same  rate  as  other  deposits  in  the  same  bank,  insti- 
tution  or  company,    while   they  remain  therein  without 
regard  to  the  amount  deposited. 


1889.  — Chapter  450.  1173 

Section  2.     The  probate  court,  court  of  insolvency  or  Probate  comt, 
other  court,  respectively,  shall,  upon  the  application  of  money 'so 
any  person  interested  or  of  the  attorney-general  and  after  rlmaiuYng'lm- 
such  public  notice  as  the  court  or  any  judge  or  justice  nlo^^ih/n'five 
thereof  may  deem  proper  to  be  given,  order  and  decree  f.f^^Jthes'tatr''^ 
that  all  sums  of  money  heretofore  or  hereafter  deposited  treasury. 
in  a  savings  bank,  institution  for  savings  or  trust  com- 
pany, by  authority  of  either  of  said  courts  or  any  judge  or 
justice  thereof,  and  which  shall  have  remained  unclaimed 
for  a  period  of  more  than  five  years  from  the  date  of  such 
deposit,  with  the  increase  and  proceeds  thereof,  to  be  paid 
to  the  treasurer  of  the  Commonwealth,  to  be  held   and 
used  by  him  according  to  law,  subject  for  fifteen  years 
only  to  be  paid  with  interest  at  the  rate  of  three  per  cent, 
per  annum  from  the  time  it  is  so  paid  to  said  treasurer  to 
the  time  it  is  paid  by  him  to  the  person  or  persons  having, 
and  established,  a  lawful  right  thereto. 

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

Approved  June  7,  1889. 

An  Act  to  amend  the  acts  relating  to  the  inspection   and  rij.f^j.  APif) 

CONSTRUCTION   OF   BUILDINGS   AND   RELATING   TO    THE    PRESERVA-  ^  * 

TION   OF  HEALTH   IN    BUILDINGS   IN   THE   CITY    OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Section  fifteen  of  chapter  three  hundred  and  ^und'iugg"°°  °^ 
seventy-four  of  the  acts  of  the  year  eighteen  hundred  and  iss?°|'.^°v  ^^ 
eighty-five  is  hereby  amended  so  as  to  read  as  follows  :  — 
Section  15.  The  said  inspector  shall  not  give  a  permit 
for  the  erection  or  alteration  of  any  building  until  he  has 
carefully  inspected  the  plans  and  specifications  therefor 
and  ascertained  that  the  building  has  sufficient  strength, 
that  the  means  of  ingress  and  egress  are  suflicient  and 
that  the  plans  thereof  conform  to  all  laws  relating  to  the 
kind  of  building  contemplated.  A  copy  of  plans  and 
specifications  of  every  public  building  shall  be  deposited 
in  the  office  of  the  inspector. 

Section  2.  Section  two  of  chapter  three  hundred  and 
eighty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five  is  hereby  amended  so  as  to  read  as  follows  :  — 
Section  2.     Every  such  building  situated  on  a  public  or  Preservation  of 

,^,  '',  ^  .  i-i,?  •  health  in  builil- 

private  street,  court  or  passageway  in  which  there  is  a  ings  in  Boston. 
public    sewer,   and    every   building    connected   with    any  ^^*'' ^^""  ^  "• 
sewer,  shall  have  sufficient  water-closets  connected  with 
the  sewer,  and  shall  not  have  a  cesspool  or  privy,  except 


1174 


1889.  —  Chapter  450. 


Amendment  to 
1S85,  3S2,  §  3. 


Amendment  to 

1885,  882, §  4. 


Amendment  to 
1885,  382,  §  14. 


where  in  the  opinion  of  the  board  of  health  it  can  be 
allowed  to  reniain  temporarily,  and  then  only  as  said 
board  shall  approve  ;  and  if  there  is  no  sewer  and  said 
board  is  of  the  opinion  that  the  public  health  requires  one, 
and  shall  so  certify  to  the  board  of  aldermen  of  said  city, 
said  last  named  board  shall  forthwith  lay  and  make  a 
common  sewer  in  such  street,  court  or  passageway  :  jjvo- 
vided,  however,  that  said  board  of  aldermen  shall  not  be 
required  in  any  one  year  to  make  sewers  in  accordance 
with  this  act  to  cost  in  the  ag-grreo-ate  more  than  ten  thou- 
sand  dollars.  Every  water  fixture  having  a  waste  pipe 
connected  with  a  sewer  or  cesspool  shall  be  provided 
with  a  separate  trap  placed  as  near  as  practicable  to  said 
fixture. 

Sectio^^  3.  Section  three  of  chapter  three  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  is  hereby  amended  so  as  to  read  as  fol- 
lows : —  Section  3.  Every  building  hereafter  converted 
into  or  used  for  a  tenement  house  or  lodging  house  shall 
in  addition  to  all  other  requirements  of  law  conform  to 
the  provisions  of  this  act,  and  every  such  building  shall 
be  carefully  inspected  at  least  twice  a  year  under  the 
direction  of  the  board  of  health,  and  whenever  said  board 
has  made  an  order  concerning  said  building  a  re-inspection 
shall  be  made  within  ten  days  after  said  board  has  been 
informed  that  the  order  has  been  complied  with. 

Section  4.  Section  four  of  chapter  three  hundred  and 
eighty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five  is  hereby  amended  by  striking  out  all  of  said 
section  after  the  word  "hotels"  and  inserting  in  place 
thereof  the  following  words  :  —  "  Tenement  house  "  means 
a  building  which,  or  any  portion  of  which,  is  occupied, 
or  to  be  occupied,  as  the  residence  of  more  than  two 
families  living  independently  of  one  another,  and  doing 
their  cooking  upon  the  premises. 

Section  5,  Section  fourteen  of  chapter  three  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  is  hereby  amended  by  inserting  at  the  end 
of  said  section  the  words  :  —  Whenever  there  shall  be  more 
than  eight  families  living  in  any  tenement  house  in  which 
the  owner  thereof  does  not  reside,  there  shall  be,  when 
required  by  the  board  of  health,  a  janitor,  housekeeper  or 
some  other  responsible  person,  satisfactory  to  said  board, 
who  shall  reside  in  said  house  and  have  the  charg^e  thereof. 


1889.  —  Chapter  451.  1175 

Section  6.     Section  eighteen  of  chapter  three  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  is  hereby  amended  so  as  to  read  as  fol- 
lows :  —  Section  18.     The  board  of  health  may  by  a  vote  Board  of  health 
limit  the  number  of  occupants  in  any  tenement  or  lodging  nimibc"oVoccu- 
house,  or  in  any  part  or  parts  of  the  same,  and  shall  in  f,!'„^!f„y„{'°ete 
such  case  cause  a  notice  stating  such  number  to  be  affixed  iss5,  :;s2,'§i8. 
conspicuously  in  such  building  and  served  on  the  owner, 
agent  or  person  having  the  charge  thereof.     If  the  num- 
ber is  exceeded  said  board  may  order  the  premises  vacated, 
and  they  shall  not  be  again  occupied  until  said  board  shall 
so  permit,  upon  being  satisfied  that  the  vote  will  be  com- 
plied with.     Said  board  may  make  such  further  regulation 
as  to  over  crowding,  ventilation  and  occupation  of  such 
houses  and  the  cellars  thereof  and  of  buildings  where  per- 
sons are  employed j  not  inconsistent  with  other  laws,  as 
they  deem  proper. 

Section  7.     The  board  of  police  for  the  city  of  Boston  Poiico  officers 
shall,  upon  requisition  by  the  board  of  health  of  said  city,  "or^exciusive  ^' 
detail  to  the  exclusive  service  and  direction  of  said  board  of'heauh!  ^°'*"' 
of  health,  for  enforcing  the  laws  and  ordinances  relating 
to  the  preservation  of  health  and  to  tenement  and  lodging 
houses,  such  number,  not  exceeding  five,  of  police  officers 
satisfactory  to  the  board  of  health  as  the  board  of  health 
may  desire,  and  the  services  of  the  police  officers  so  de- 
tailed shall  be  paid  for  by  said  board  of  health ;  and  said 
officers  so  detailed  shall  continue  subject  to  the  direction 
of  said  board  of  health  until  exchansfed  for  others  at  the 
request  of  said  last  named  board.     Said  board  of  police  vacancies  thus 

■*  ,  ,  I'll  1  -1      created  may  be 

are  hereby  authorized  and  empowered  to  appoint  patrol-  fiiied. 
men,  in  number  not  exceeding  fi^e,  to  fill  any  vacancies 
in  the  police  force  in  the  city  which  may  be  caused  by  the 
detailing  of  officers  as  provided  in  this  act. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  7,  1889. 

An  Act  in  relation  to  fike  inquests.  GhciT)  451 

Be  it  enacted.,  etc..,  as  follows : 

Section   1.     The  board  of  fire  engineers  in  every  city,  canse,  origin 
except  the  city  of  Boston,  and  in  every  town  in  which  a  stances  of  every 
board  of  fire  engineers   is   established,  and  the  board  of  wherrpropeny 
selectmen  in  any  town  in  which  no  board  of  fire  engineers  jfelnvesiiguted. 
is   established,    shall    make    investigation    of    the    cause, 


1176  1889.  — Chapter  451. 

origin  and  circumstances  of  every  fire  occurring  in  such 
city  or  town  in  which  property  has  been  destroyed,  and 
shall  especially  make  investigation  as  to  whether  such  fire 
was  the  result  of  carelessness  or  design.  Such  investiga- 
tion shall  be  begun  within  two  days,  not  including  the 
Lord's  day,  of  the  occurrence  of  such  fire.  The  board 
makinof  the  investigation  shall  within  two  weeks  of  the 
occurrence  of  the  fire  furnish  to  the  clerk  of  the  city  or 
town,  as  the  case  may  be,  for  careful  record  by  him  in  a 
book  to  be  provided  by  the  insurance  commissioner,  a 
written  statement  of  all  the  facts  relating  to  the  cause  and 
origin  of  the  fire,  the  kind,  value  and  ownership  of  the 
property  destroyed  and  such  other  information  as  may  be 
cjalled  for  by  the  blanks  provided  by  the  commissioner. 
Such  book  of  record  shall  be  kept  by  the  clerk  in  his 
office,  and  he  shall  make  returns  or  a  transcript  therefrom 
of  the  record  of  each  year  upon  blank  forms  to  be  pro- 
vided by  the  commissioner,  and  shall  forward  the  same  to 
him  within  fifteen  days  from  the  first  day  of  January. 
When  fire  Section  2.     Whenever   from    any    such    investigation 

appears  to  have  i  i  i  i   •  i  11 

beep  caused  by  thcrc  appears  to  the  board  makmg  the  same  reasonable 
quesuobeheid.  grouuds  for  belicving  that  the  fire  was  caused  by  design, 
such  board  shall  cause  application  to  be  made  to  a  police, 
district  or  municipal  court  or  to  a  trial  justice  of  the 
county  in  which  such  city  or  town  is  situated  for  an  in- 
quest to  be  held  to  make  inquiry  relative  to  such  fire. 
The  court  or  trial  justice  shall  thereupon  hold  such 
inquest  and  take  the  testimony  on  oath  of  all  persons 
supposed  to  be  cognizant  of  any  facts  or  to  have  means 
ot  knowledge  in  relation  to  the  matters  herein  required 
to  be  examined  and  inquired  into,  and  shall  cause  such 
testimony  to  be  reduced  to  writing,  verified  and  trans- 
mitted to  the  district  attorney  of  the  court  for  his  action  ; 
"  and  shall  also  report  in  writing  to  the  owners  of  property 
or  other  persons  interested  in  the  matter  under  inquiry 
any  facts  and  circumstances  ascertained  by  such  inquest, 
which  shall  in  the  opinion  of  the  court  or  justice  require 
their  attention. 
Arrest  for  SECTION  3.     The  court  Or  iustice  when  of  the  opinion 

arson.  ,  ,  ■  ■  ^  «.    •  1  '^i 

that  there  is  evidence  sunicient  to  charge  any  person  with 
the  crime  of  arson  shall  cause  such  person  to  be  arrested 
and  charged  with  such  ofience,  and  shall  likewise  furnish 
to  the  district  attorney  all  the  evidences  of  guilt,  with  the 
names  of  witnesses,  and  all  the  information  obtained  by 
him  in  addition  to  the  testimony  in  the  case. 


1889.  — Chapter  452.  1177 

Section  4.     The  court  or  justice  may  issue  subpoenas  witnesses  may 

fo.,  i  1  1      1      z'  1  i  •       J.'  J    be  summoned 

r  witnesses  returnable  betore  such  court  or  justice  ;  and  and  attendance 

the  persons  served  with  such  process  shall  be  allowed  the  enforced. 
same  fees,  their  attendance  may  be  enforced  in  the  same 
manner,  and  they  shall  be  subject  to  the  same  penalties, 
as  if  served  with  a  subpoena  in  behalf  of  the  Common- 
wealth in  a  criminal  prosecution  pending  before  such  court 
or  trial  justice. 

Section    5.     The    district   attorney    or    some    person  District 
designated  by  him  may  attend  any  inquest  and  examine  fo  au'emi  i'L-'"' 
witnesses,  and  the  inquest  may  in  the  discretion    of  the  ^i"*^^''®'^- 
court  or  justice  be  made  private,  and  any  persons  other 
than  those  required  to  be  present  by  the   provisions  of 
this   act   may   be  excluded   from    the    place  where    such 
inquest  is  held,  and  witnesses  may  be  kept  separate  and 
apart  from  each  other  and  not  allowed  to  communicate 
with  each  other  until  they  have  been  examined. 

Section  6.     The  fees  and  expenses  of  the  inquest  shall  f^penTel 
be  returned  to  the  mayor  and   aldermen  of  the   city  or 
selectmen  of  the  town  in   which  the  property  was  de- 
stroyed, and  when  audited  and  certified  by  them  shall  be 
paid  by  such  city  or  town. 

Section  7.     Any  officer  neglecting  or  refusing  to  com-  Penalty  on 
ply  with  any  of  the  requirements  of  this  act  shall   be  neglect."' 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars. 

Section  8.     Chapter  two  hundred  and  sixteen  of  the  Repeal. 
Public  Statutes  and  chapter  one  hundred  and  ninety-nine 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
are  hereby  repealed.  Approved  June  7,  1889. 

An  Act   relative   to  the  carrting  on  of    the  business  of  QJidfyAb^ 

SAVINGS  AND  CO-OPERATIVE  BANKS,  AND  OF   BANKING,  MORTGAGE 
LOAN   AND  INVESTMENT   AND   TRUST   BUSINESS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     No  person  or  corporation  shall  carry  on  Business  of 
the  business  of  receiving  deposits  under  the  name  of  a  co-operative 
savings  bank  or  institution  for  savings,  and  no  person  or  caJned^o^n unless 
corporation  shall  carry  on  the  business  of  accumulating  luXpuVposel?'^ 
the   savings  of  its   members  and   loaning  to   them   such 
accumulations  under   the    name   of  a  co-operative    bank 
within  this  Commonwealth,  unless  incorporated  under  the 
laws  thereof  for  such  purpose  ;  but  this  section  shall  not 
prevent  such  a  bank  or  institution,  incorporated  under  the 


1178 


1889.  — Chapter  453. 


Not  to  take 
name  of  another 
cori)oralion  or 
one  so  nearly 
identical  as  to 
mislead. 


Penalty. 


laws  of  another  state,  from  loaning  money  upon   mort- 
gages of  real  estate  located  within  this  Commonwealth. 

Section  2.  No  person  and  no  corporation  established 
under  the  laws  of  another  state  or  country  shall  carry  on 
a  banking,  mortgage  loan  and  investment  or  trust  busi- 
ness within  this  Commonwealth  in  or  under  a  name 
previously  to  his  or  its  carrying  on  the  same  in  lawful 
use  by  a  corporation  established  under  the  laws  of  this 
Commonwealth,  or  so  nearly  identical  with  a  name  so  in 
use  as  to  mislead. 

Section  3.  Whoever  violates  any  provision  of  the 
preceding  sections  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars  ;  and  any  provision  thereof  may 
on  petition  be  enforced  by  injunction  issued  by  a  justice 
of  the  supreme  judicial  court  or  of  the  superior  court. 

Approved  June  7,  1889. 


Chap.4:53  An  act  to  apportion  and  assess  a  state  tax  of  two  million 

DOLLARS. 


State  tax  of 
$'2,U0O,U0O. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Each  city  and  town  in  this  Common- 
wealth shall  be  assessed  and  pay  the  several  sums  with 
which  they  stand  respectively  charged  in  the  following 
schedule,  that  is  to  say  :  — 


Barnstable 
county. 

BARNSTABLE   COUNTY. 

Barnstable, 
Bourne, 

Thirty-two  hundred  and  twenty  dol- 
lars,      .        .        .         . 
Ten  hundred  and  eighty  dollars,     . 

$3,220  00 
1,080  00 

Brewster, 

Five  hundred  and  sixty  dollars, 

5G0  00 

Chatham, 

Seven  hundred  and  eighty  dollai-s, 

780  00 

Dennis, 

Fifteen  hmidred  dollars,  . 

1,500  00 

Eastham, 

Two  hundred  and  sixty  dollars, 

260  00 

Falmouth, 
Harwich, 

Forty-four  hundred  and  sixty  dol- 
lars,        

Eleven  hundred  and  twenty  dollars. 

4,460  00 
1,120  00 

Mashpee, 

One  hundred  and  forty  dollars, 

140  00 

Oi'leans, 

Six  hundred  and  twenty  dollars,     . 

620  00 

1889.  —  Chapter  453. 

BARNSTABLE  COUNTY  —  Concluded. 


1179 


Provineetown, 
Sandwich,  . 
Triu'o, 
Wellfleet,  . 
Yarmouth, 


Twenty-one   hundi'ed    and     eighty 

dollai-s, .         .         .         . 
Nine  hundred  and  eighty  dollars,    . 

Three  hundred  and  twenty  dollars. 

Seven  hundred  dollars,    . 

Fourteen  hundred  and  eighty  dol- 
lai"s, 


BERKSHIRE   COUNTY. 


Adams, 
Alford, 
Becket, 
Cheshire,    . 
Clarksburg, 
Dal  ton, 
Egremont, . 
Florida,      . 
Gt.  Barrington, 
Hancock,    . 
Hinsdale,    . 
Lanesborough, 
Lee,    . 
Lenox, 
Monterey,  . 
Mt.  Washington 
New  Ashf ord. 
New  Marlboro', 


Thirty-eight  hundred  and  sixty  dol- 
lars,        

Two  himdred  and  eighty  dollars. 

Four  hundred  and  forty  dollars. 

Seven  hundred  and  eighty  dollars. 

Two  hundred  and  twenty  dollars, 

Nineteen  hundred  and  eighty  dol- 
lars,        

Four  hundred  and  forty  dollars. 

Two  hundred  dollars. 

Thirty-two  hundred  and  twenty  dol- 
lars,         

Four  hundred  dollars, 

Seven  hundred  and  sixty  dollars. 

Five  hundred  and  eighty  dollars. 

Twenty-four  hundred  and  sixty  dol- 
lars,         

Twenty-three  hundred  and  sixty  dol- 
lars,      ..... 

Two  hundred  and  forty  dollars. 

Eighty  dollars. 
Eighty  dollars. 
Six  hundred  and  forty  dollars. 


Barnstable 
county. 


f 2,1 80  00 

980  00 

320  00 

700  00 

1,480  00 


$19,400  00 


Berkshire 
county. 


f3,860  00 
280  00 

440  00 

780  00 

220  00 


1,980  00 
440  00 

200  00 


3,220  00 

400  00 

7G0  00 

580  00 

2,400  00 

2,;5r)0  00 

240  00 

80  00 

80  00 

G40  00 


1180 


Berkshire 
county. 


Bristol  county. 


1889.  —  Chaptek  453. 

BERKSHIRE  COUNTY  —  Concluded. 


North  Adams,    . 
Otis,   . 

Fifty-nine  hundred  and  forty  dol- 
lars,        

Two  hundred  and  twenty  dollars,  . 

15,940  00 
220  00 

Peru,  . 

One  hundred  and  twenty  dollars,    . 

120  00 

Pittsfield,   . 
Richniond, . 

Ten  thousand  and  one  hundred  dol- 
lars,        

Five  hundred  dollars, 

10,100  00 
500  00 

Saudisfield, 

Three  hundred  and  eighty  dollars. 

380  00 

Savoy, 

One  hundred  and  eighty  dollars,     . 

180  00 

Sheffield,    . 

Nine  hundred  and  sixty  dollars. 

960  00 

Stockbridge, 
Tyringham, 

Twenty-nine  hundred  and  forty  dol- 
lars,        

Two  hundred  and  forty  dollars. 

2,940  00 
240  00 

Washington, 

Two  hundred  dollars, 

200  00 

W.  Stockbridge, 

Seven  hundred  dollars,    . 

700  00 

Williamstown,  . 

Nineteen  hundred  and  forty  dollars. 

1,940  00 

Windsor,    . 

Two  hvindred  and  twenty  dollars,  . 

220  00 

$43,660  00 

BRISTOL   COUNTY. 


Acushnet,  . 

Attleborough, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Fall  River, 

Freetown,  . 


Six  hundred  and  sixty  dollars, 

Thirty-eight  hundred  and  sixty  dol- 
lars,         

Four  hundred  and  sixt}^  dollars, 

Twenty-one  hundred  and  forty  dol- 
lars,      ..... 
Eight  hundred  and  twenty  dollars, . 

Forty-two  hundred  and  eighty  dol- 
lars,        

Sixteen  hundred  and  sixty  dollars. 

Forty-four  thousand  seven  hundred 

and  twenty  dollars. 
Nine  hundred  and  twenty  dollars. 


$660  00 

3,860  00 
460  00 

2,140  00 

820  00 


4,280  00 
1,660  00 


44,720  00 
920  00 


1889.  —  Chapter  453. 

BRISTOL  COUNTY—  Concluded. 


1181 

Bristol  county. 


Mansfield,  . 
New  Bedford, 
N.  Attleborough 
Norton, 
Raynham,  . 
Rehoboth,  . 
Seekonk,    . 
Somerset,  . 
Swanzey,   . 
Taunton,    . 
West2)ort,  . 


Fourteen  hundred  dollars, 

Thirty-four  thousand  seven  hundred 
dollars, 

Thirty-six  hundred  and  twenty  dol- 
lars,      ..... 

Eight  himdred  and  twenty  dollars. 

Nine  hundred  and  twenty  dollars, 

Seven  hundred  and  forty  dollars. 

Seven  hundred  and  eighty  dollars. 

Eleven  hundred  dollars,  . 

Seven  himdred  and  sixty  dollars. 

Seventeen  thousand  six  hundred  dol- 
lars,        

Fourteen  hundi-ed  dollars, 


$1,400  00 

34,700  00 

3,G20  00 
820  00 

920  00 

740  00 

780  00 

1,100  00 

760  00 


17,600  00 
1,400  00 

$123,360  00 


DUKES  COUNTY. 


Dukes  couuty. 


Chilmark,  . 

Two  hundi'ed  and  forty  dollars, 

1240  00 

Cottage  City, 

Twelve  hundred  and  eighty  dollars. 

1,280  00 

Edgartown, 

Seven  hundred  and  sixty  dollars,    . 

760  00 

Gay  Head, . 

Twenty  dollars,        .... 

20  00 

Gosnold,     . 

One  hundred  and  eighty  dollars. 

180  00 

Tisbtu-y,     . 

Eight  hundred  and  forty  dollars,     . 

840  00 

13,320  00 

ESSEX  COUNTY. 


Essex  county. 


Amesbury, 
Andover,    . 
Beverly, 

Forty-one  hundred  and  sixty  dollars. 

Fifty-eight  hundred  and  twenty 
dollars, 

Fourteen  thousand  one  hitndred  and 
forty  dollars,         .... 

14,160  00 

5,820  00 
14,140  00 

1182 


EsBcs  county. 


1889.  —  Chapter  453. 

ESSEX  COUNTY  — Continued. 


Boxfonl,     . 

Bradford,   . 

Danvers,     . 

Essex, 

Georgetown, 

Gloucester, 

Grovelaiid, 

Hamilton, 

Haverhijl, 

Ipswich, 

Lawrence, 

Lynn, 

Lylm  field, 

Manchester, 

Marblehead, 

]\Ierriniac,  . 

INIethuen,    . 

Middleton, 

Nahant,       . 

Newbury,  . 

Newburyport, 

North  Andover, 

Peabody, 

Rocki^ort, 

Rowley, 

Salem, 

Salisbury, 


Six  hundred  and  forty  dollars. 

Seventeen  hvmdred  and  sixty  dollars. 

Thirty-nine  hundred  dollars,    . 

Nine  hundred  and  forty  dollars. 

Ten  hundred  and  twenty  dollars. 

Thirteen  thousand  one  hundred  and 

twenty  dollars. 
Nine  hundred  and  twenty  dollars, 

Eight  hundred  and  eighty  dollars, 

Sixteen  thousand  six  hundred  and 
twenty  dollars. 

Twenty-three  hundred  and  twenty 
dollars, 

Twenty-seven  thousand  nine  hun- 
dred and  eighty  dollars, 

Thii"ty-two  thousand  nine  hundred 
and  eighty  dollars. 

Five  hundred  and  foi'ty  dollars, 

Seventy-one  hundred  dollars, . 

Forty-five  hundred  and  sixty  dollars, 

Thirteen  hundred  and  eighty  dollars, 

Twenty-nine    hundred   and   eighty 

dollars, 

Five  hundred  and  forty  dollars. 

Fifty-six  hundred  and  twenty  dol 

lars, 

Eleven  hundred  dollars,  . 

Ninety-one  hundred  and  twenty  dol 
lars, 

Twenty-nine  hundred  and  eighty 
dollars, 

Seventy-two  hundred  dollars, . 

Twenty-one    hundred    and  twenty 

dollars, 

Six  hundred  dollars. 

Twenty-seven   thousand   two   hun 

dred  and  sixty  dollars. 
Five  hundred  and  sixty  dollars. 


$610  00 

1,760 

00 

3,900  00 

910 

00 

1,020 

00 

13,120  00 
920  00 

880  00 


16,620 

00 

2,320 

00 

27,980  00 

32,980 
510 

00 
00 

7,100 

00 

4,560 

00 

1,380 

00 

2,980  00 
540  00 

5,620 
1,100 

00 
00 

9,120  00 

2,980  00 
7,200  00 


2,120  00 
600  00 


27,260  00 
560  00 


1889.  — Chapter  453. 

ESSEX  COUNTY  —  Concluded. 


1183 


Essex  couuty. 


Saugus, 

Twenty-tA\ 

o    hundred    and    eij^hty 

dollars,  . 

$2,280  00 

Swaiiipscott, 

Forty-four 

hundred  and 

sixty  dol- 

lars. 

. 

4,4G0 

00 

TopsfieUl,  . 

Ten  hundred  and  twenty 

dollars,     . 

1,020 

00 

Wenliani,   . 

Five  hundi 

ed  and  forty  dollars. 

540 

00 

West  Newbury, . 

Ten  hundred  and  twenty 

dollars,     . 

1,020 

00 

$210,180 

00 

FRANKLIN   COUNTY. 


Fmnklin 
county. 


Ashfield,     . 

Four  hundred  and  eighty  dollars,    . 

$480  00 

Bernardston, 

Four  hundred  and  sixty  dollars. 

460  00 

Buckland,  . 

Five  hundred  and  sixty  dollars, 

560  00 

Charlemont, 

Three  hundred  and  sixty  dollars,     . 

360  00 

Colrain, 

Five  hundred  and  eighty  dollars,     . 

580  00 

Conway,     . 

Eight  hundred  dollars,     . 

800  00 

Deerfield,  . 

Twelve  hundred  and  eighty  dollars, 

1,280  00 

Erving, 

Three  hundred  and  sixty  dollars,     . 

360  UO 

Gill,    . 

Four  hundred  and  forty  dollars. 

440  00 

Greenfield, 

Five  thousand  and  twenty  dollars,  . 

5,020  00 

Hawley,     . 

One  hundred  and  sixty  dollars, 

160  00 

Heath, 

One  hundred  and  eighty  dollars, 

180  00 

Leverett,    . 

Three  hundred  dollars,     . 

300  00 

Ley den. 

One  hundred  and  eighty  dollars, 

180  00 

Monroe, 

Eighty  dollars,          .... 

80  00 

Montague, . 

New  Salem, 

Thirtj^-one  hundred  and  sixty  dol- 
lars,       ..,.*.. 
Three  hundred  dollars,    . 

3,160  00 
300  00 

Northfield, 

Eight  hundred  dollars,     . 

800  00 

1184 


Franklin 
county. 


Hampden 
county. 


1889.  —  Chapter  453. 

FRANKLIN  COUNTY  —  Concluded. 


Orange, 
Rowo, 
Shelburnc, 
Shutesbury, 
Sunderland, 
Warwick,  . 
Wendell,    . 
Whately,    . 


Twenty-two  hundred  and  forty  dol 

lars,       ..... 
Two  hundred  and  twenty  dollars, 

Nine  hundred  dollars. 

One  hundred  and  sixty  dollars, 

Four  hundred  and  twenty  dollars. 

Three  hundred  dollars,     . 

Two  hundred  dollars, 

Four  himdred  and  sixty  dollars. 


HAMPDEN   COUNTY. 


J,240  00 
220  00 

900  00 

160  00 

420  00 

300  00 

200  00 

460  00 


$20,400  00 


Agawani,   . 

Twelve  hundred  and  forty  dollars,  . 

f  1,240  00 

Blandford, . 

Three  hundred  and  eighty  dollars,  . 

380  00 

Brimfield,  . 

Five  hundred  dollars. 

500  00 

Chester, 

Six  hundred  and  sixty  dollars, . 

660  00 

Chicopee,  . 

Six  thousand  and  eighty  dollars. 

6,080  00 

Granville,  . 

Three  hundred  and  eighty  dollars,  . 

380  00 

Hampden,  . 

Four  hundred  dollars, 

400  00 

Holland,     . 

One  hundred  dollars. 

100  00 

Holyoke,     . 
Longmeadow,    . 

Eighteen    thousand    nine    hundred 

and  eighty  dollars. 
Twelve  hundred  and  eighty  dollars, 

18,980  00 
1,280  00 

Ludlow, 

Eight  himdred  dollars, 

800  00 

Monson,     . 

Seventeen  hundred  and  forty  dollars. 

1,740  00 

Montgomery,     . 

One  hmulred  and  forty  dollars, 

140  00 

Palmer, 

Russell, 

Twenty-six  hundred  and  sixty  dol- 
lars,         

Four  hundred  and  twenty  dollars,   . 

2,660  00 
420  00 

Southwick, 

Five  hundred  and  sixty  dollars, 

560  00 

1889.  — Chapter  453. 


1185 


HAMPDEN   COUNTY  —  C<  )NCLUI)EI). 


Harapdeu 
coHnty. 


Springfield, 

Tolland,     . 

Wales, 

West  Springfield, 

Westfield,  . 

Wilbrahani, 


Amherst,    . 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield,      . 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield,     . 

Huntington, 

Middlefield, 

Northaiiipton, 

Pelham, 

Plainfield,  . 

Prescott,     . 


Forty-one    thoiisand   two    lumdred 

and  twenty  dollars, 
One  hundred  and  sixty  dollars. 

Three  hundred  dollars,    . 

Thirty-four  hundred  and  sixty  dol- 
lars,        

Sixty-eight  hundred  and  twenty  dol- 
lars,      ...... 

Six  hundred  and  sixty  dollars, 


HAMPSHIRE  COUNTY. 


Three  thousand  dollars,  . 

Eight  hundred  and  sixty  dollars, 

Three  hundred  dollars,    . 

Three  hundred  and  twenty  dollars. 

Twenty-four  hundred  and  forty  dol 

lars,       ..... 
Eight  hundred  dollars, 

One  hundred  and  forty  dollars, 

Four  hundred  and  eighty  dollars. 

Three  hundi'ed  and  forty  dollars. 

Ten  hundred  and  forty  dollars, 

Nine  hundred  and  sixty  dollars. 

Five  hundred  dollars, 

Two  hundred  and  eighty  dollars. 

Ninety-two  hundred  and  sixty  dol 

lars, 

One  hundred  and  sixty  dollars, 

One  hundred  and  sixty  dollars. 

One  hundred  and  eighty  dollars. 


f41,220  00 
IGO  00 

300  00 


3,400  00 

0,820  00 
GGO  00 


188,940  00 


Hampshire 
county. 


13,000  00 

860  00 

300  00 

320  00 

2,440  00 

800  00 

140  00 

480  00 

340  00 

1,040  00 

9G0  00 

500  00 

280  00 

9,2C0  00 

160  00 

160  00 

180  00 


1186 


Hampshire 
county. 


1889.  —  Chapter  453. 

HAMPSHIRE  COUNTY  —  Concluded. 


South  Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Wortliino'ton, 


Nineteen  hundred  and  fort}-  dollars, 

Five  hundred  dollars, 

Forty-three  hundred  and  eighty  dol- 
lars,         

Two  hinidred  and  sixty  dollars. 

Nine  hundred  and  forty  dollars. 

Three  hundred  dollars,    . 


$1,940  00 

500 

00 

4,;'!80  00 
260  00 

940  00 

300 

00 

$29,540 

00 

Middlesex 
county. 


MIDDLESEX  COUNTY. 


Acton, 

Arlington, 

Ashby, 

Ashland, 

Ayer, . 

Bedford, 

Belmont, 

Billerica, 

Boxborough 

Burlington, 

Cambridge, 

Carlisle, 

Chelmsford, 

Concord,    . 

Dracut, 

Dunstable, . 

Everett, 


Thirteen  hundred  and  fort}'  dollars, 

Fiftj'-four  hundred  and  forty  dol- 
lars,         

Four  hundred  and  eightj'  dollars,    . 

Thirteen  hundred  and  twenty  dol- 
lars,         

Twelve  hundred  and  sixty  dollars, . 

Eight  hundred  and  sixty  dollars. 

Thirty-two  hundred  and  twenty  dol- 
lars,        

Eighteen  hundred  and  forty  dollars. 

Two  hundred  and  forty  dollars. 

Four  hundred  and  eighty  dollars,    . 

Sixty-one    thousand    nine   hundred 

and  twenty  dollars. 
Three  hundred  and  eighty  dollars,  . 

Sixteen  hundred  and  eighty  dollars, 

Thirtj'-six  hundred  and  eighty  dol- 
lars,       ...... 

Twelve  hundred  and  forty  dollars, . 

Three  hundred  dollars,    . 

Sixty-three  hundred  dollars,    . 


§1,340  00 


5,440  00 
480  00 


1,320  00 
1,260  00 

800  00 


3,220  00 
1,840  00 

240  00 

480  00 


61,920  00 
380  00 

1,680  00 


3,680  00 

1,240  00 

300  00 

6,300  00 


1889.  —  Chapter  453. 

MIDDLESEX  COUNTY— Continued. 


1187 


Framingliam, 

Seventy-four  hundred  dollars, 

f7,400  00 

Grotoii, 

Twenty-eight    hundred    and    forty 

dollars, 

2,S40  00 

Holliston,  . 

Fifteen  hundred  and  sixty  dollars,  . 

1,560  00 

Hopkinton, 

Twenty-two  hundred  dollars,  . 

2,200  00 

Hudson, 

Twenty-two  hundred  and  forty  dol- 

lars, 

2,240  00 

Lexino-ton, 

Thirty-two  hundred  and  sixty  dol- 

hxrs,       ...... 

,3,200  00 

Lincolu, 

Sixteen  hundred  dollars, . 

1,G00  00 

Littleton,    . 

Eight  himdred  dollars, 

800  00 

Lowell, 

Fifty-seven  thousand  and  forty  dol- 

lars,        

57,040  00 

Maiden, 

Sixteen  thousand  one  hundred  and 

forty  dollars,         .... 

16,140  00 

Marll)orougli,     . 

Fifty-six  hundred  dollars. 

5,600  00 

Maynard,   . 

Nineteen  hundred  and  eiglity  dol- 

lars,      ...... 

1,980  00 

Medford,    . 

Ten    thousand   four    hundred    and 

eighty  dollars,       .... 

10,480  00 

Melrose,     . 

Five   thousand    eight  hundred  and 

eighty  dollars,       .... 

5,880  00 

Natick, 

Five    thousand   two    hundred    and 

sixty  dollars,          .... 

5,260  00 

Newton,     . 

Thirty-four  thousand  and  sixty  dol- 

lars, 

34,060  00 

North  Headino-, . 

Four  hundred  and  eight}'  dollars,    . 

480  00 

Pepperell,  . 

Seventeen  hundred  and  sixty  dol- 

lars,        

1,760  00 

Reading,     . 

Twenty-five    hundred    and   twenty 

dollars, ...... 

2,520  00 

Sherl)orn,  . 

Eight  hundred  and  sixty  dollars,     . 

860  00 

Shirley, 

Six  hundred  and  forty  dollars. 

640  00 

Somerville, 

Twenty-seven    thousand   five   hun- 

dred and  sixty  dollars, 

27,560  00 

Stoneham, . 

Thirty-two  hundred  and  sixty  dol- 

lars,        

3,260  00 

Stow, . 

Eight  hundred  and  eighty  dollars,  . 

880  00 

Sudbury,    . 

Ten  hundred  and  eighty  dollars,     . 

1,080  00 

Tewksbury, 

Thirteen  hundred  and  sixty  dollars. 

1,3(50  00 

Townsend, 

Ten  hundi'ed  and  forty  dollai's. 

1,040  00 

Middlesex 
county. 


1188 


Middlesex 
county. 


1889.  —  Chapter  453. 

MIDDLESEX  COUNTY  —  Concluded. 


Tyngsborough, 
Wakefield,. 
Waltham,  . 
Watertown, 
Way  land,  . 
Westford,  . 
Weston, 
Wilmington, 
Winchester, 
Woburn,     . 


Three  hundred  and  eighty  dollars, . 

Forty-three  hundred  and  sixty  dol- 
lars,        

Thirteen  thousand  and  forty  dollars. 

Sixty-nine  hundred  and  forty  dol- 
lars,        

Fifteen  hundred  dollars,  . 

Eleven  hundred  and  sixty  dollars,  . 

Twenty-four  hundred  and  sixty  dol- 
lars,         

Six  hundred  and  forty  dollars, 

Forty-five  hundred  doUai's, 

Eighty-six  hundred  and  twenty  dol- 
lars,        


$380  00 


4,360  00 
13,040  00 


6,940  00 
1,500  00 

1,160  00 


2,460  00 

640  00 

4,500  00 

8,620  00 


$335,360  00 


Nantucket 
county. 

NANTUCKET  COUNTY. 

Nantucket, 

Three  thousand  dollars,  . 

13,000  00 

Norfolk  county. 

NORFOLK  COUNTY. 

Avon, 

Bellingham 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxborougli, 


Five  hundred  and  forty  dollars. 
Six  hundred  dollars, 

Thirty-four  hundred  and  sixty  dol 
lars, 

Forty-two  thousand  eight  hundred 
and  sixty  dollars,  . 

Thirty-seven   hundred    and   eighty 
dollars, 

Forty-eight  hundred  dollars,    . 

Fifty-four  hundred  and  twenty  dol- 
lars,        

Six  hundred  and  eighty  dollars. 

Fourteen  hundred  and  twenty  dol- 
lars,        


$540  00 

600  00 

3,460  00 

42,860  00 

3,780  00 

4,800  00 


5,420  00 
680  00 


1,420  00 


1889.  —  Chapter  453. 

NORFOLK  COUNTY  —  Concluded. 


1189 


Norfolk  county. 


Franklin, 

Hoi  brook, 

Hyde  Park 

Medfield, 

Medvvay, 

Millis, 

Milton, 

Needham, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 

Walpole, 

Wellesley, 

Weymouth, 

Wren  th  am. 


Twenty-three  hunth'od  and  twenty 

dollars, 

Fourteen  hundred  and  forty  dollars, 

Sixty-seven  hundred  and  sixty  dol- 
lars,  

Eleven  hundred  and  sixty  dollars,  . 

Fourteen  hundred  dollars. 

Four  hundred  and  eighty  dollars,    . 

Thirteen  thousand  nine  hundred  and 

eighty  dollars,       .... 

Two  thousand  and  twenty  dollars,  . 

Four  hundred  and  eighty  dollars,    . 

Twenty-three  hundred  dollars, 

Ninety-seven  hundred  and  eighty 
dollars, 

Twenty-three  hundred  and  eighty 
doUars, 

Twelve  hundred  dollars, . 

Twenty-one  hundred  and  sixty  dol- 
lars,         

Seventeen  hundred  and  eighty  dol- 
lars,         

Fifty-four  hundred  and  sixty  dol- 
lars,      ...... 

Sixty-two  hundred  and  eighty  dol- 
lars,      ...... 

Thirteen  hundred  and  eighty  dollars, 


f2,.320  00 
1,440  00 


6,760  00 

1,160  00 

1,400  00 

480  00 

13,980  00 

2,020  00 

480  00 

2,300  00 

9,780  00 

2,380  00 

1,200  00 

2,160  00 

1,780  00 

5,460  00 

6,280  00 

1,380  00 


$126,320  00 


PLYMOUTH  COUNTY. 


Abington,  . 
Bridgewater, 
Brockton,  . 
Carver, 
Duxbury,    . 


Twenty-tw^o  hundred  dollars,  . 

Twenty-four  hundred  and  twenty 
dollars, 

Fourteen  thousand  eight  hundred 
and  sixty  dollars, . 

Six  hundred  and  forty  dollars. 

Thirteen  hundred  and  forty  dollars. 


Plj'mouth 
county. 


$2,200  00 


2,420  00 

14,860  00 
640  00 

1,340  00 


1190 


Plj-mouth 
county. 


1889.  —  Chapter  453. 

PLYMOUTH  COUNTY-  Concluded. 


E.  Bridgewater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

Hull,  . 

Kingston, 

Lakeville, 

Marion, 

Marshfiekl, 

Mattapoisett, 

Middl  eborough, 

Norwell,     . 

Pembroke, 

Plynioiith,  . 

Plimpton,  . 

Rochester, . 

Rockland,  . 

Scituate,     . 

Wareham, . 

W.  Bridgewater, 

Whitman,  . 


Sixteen  hundred  dollars, . 

Two  hundred  and  forty  dollars, 

Twelve  hundred  dollars, . 

Six  hundred  and  twenty  dollars, 

Thirty- eight    hundred    and    eighty 

dollars, 

Nineteen  hundi'ed  and  sixty  dollars, 

Nineteen  hundred  and  forty  dollars. 

Five  hundred  dollars. 

Nine  hundred  and  twenty  dollars, 

Eleven  hundred  and  sixty  dollars. 

Fifteen  hundred  dollars,  . 

Thirty-two     hundred    and    twenty 

dollars, 

Ten  hundred  and  eighty  dollars. 

Six  hundred  and  sixty  dollars. 

Fifty-six  hmidred  and  sixty  dollars, 

Three  hundred  dollars,     . 

Four  hundred  and  eighty  dollars,    . 

Twenty-four  hundred    and    eighty 

dollars,  .         .         .         .         . 

Eighteen  hundred  and  forty  dollars. 

Seventeen  hundred  and  forty  dol- 
lars,    .  .        .         .        .        . 

One  thousand  dollars. 

Twenty-eight   hundred    and    forty 
dollars, 


$1,600  00 

240  00 

1,200  00 

G20  00 


3,880  00 
1,9G0  00 

1,940  00 

500  00 

920  00 

1,1G0  00 

1,500  00 

8.220  00 
1,080  00 

660  00 

5,660  00 

300  00 

480  00 

2,480  00 
1,840  00 

1,740  00 
1,000  00 

2,840  00 

$58,280  00 

Ashburnham 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Dana,. 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hard  wick, 

Harvard, 


1889.  —  Chapter  453. 


SUFFOLK   COUNTY, 


1191 

Suffolk  county. 


Boston, 

Seven    hundred    and     thirty-eight 

thousand  and  twenty  dollars. 

f738,020  00 

Chelsea,     . 

Nineteen  thousand   three   hundred 

and  sixty  dollars, .... 

19,360  00 

Revere, 

Forty-three    hundred    and    twenty 

dollars,          ..... 

4,320  00 

Winthrop,  . 

Twenty-seven  hundred  and  eighty 

dollars, 

2,780  00 

$764,480  00 

WORCESTER  COUNTY. 


One  thousand  dollars, 

Twenty-seven  hundred  and  eighty 

dollars,  .... 

Five  hundred  dollars. 

Fourteen  hundred  dollars, 

Four  hundred  and  eighty  dollars, 

Twenty-four    hundred     and     sixty 

dollai's,         .... 
Four  hundred  and  eighty  dollars, 

Five  hundred  dollars, 

Thirteen  hundred  and  sixty  dollars 

Nine  hundred  and  sixty  dollars, 

Fifty-five  hundred  dollars. 

Two  hundred  and  eighty  dollars, 

Ten  hundred  and  twenty  dollars. 

One  thousand  dollars, 

Fomleen   thousand   eight  hundred 

and  forty  dollars, . 
Four  thousand  dollars,     . 

Twenty-three  hundred  and  sixty 
dollars, 

P'ourteen  hundred  and  twenty  dol 
lars, 

Ten  hundred  and  forty  dollars, 


Worcester 
county. 


$1,000  00 


2,780 
500 

00 
00 

1,400 

00 

480 

00 

2,460 
480 

00 
00 

500 

00 

1,360  00 

960 

00 

5,500 

00 

280 

00 

1,020 

00 

1,000 

00 

14,840  00 
4,000  00 

2,360  00 

1,420  00 
1,040  00 


1192 


Worcester 
county. 


1889.  —  Chapter  453. 

WORCESTER  COUNTY—  Contixued. 


Holdcn, 
Hopedale,  . 
Hubbard  ston, 
Lancaster,  . 
Leicester,  . 
Leominster, 
Lunenburg, 
Mendon,     . 
Milford,      . 
Millbury,    . 
New  Braintree, 
North  Brookfield, 
Northborough, 
Northbridge, 
Oakham,     . 
Oxford,       . 
Paxton, 
Petersham, 
Phillipston, 
Pi'inceton,  . 
Ro3alston, . 
Rutland,     . 
Shrewsbury, 
Southborough, 
Southbridge, 
Spencer, 
Sterling,     . 


Eleven  hundred  dollars,  .        .        .  §1,100  00 

Tliirteen  hundred  and  forty  dollars,  1,340  00 

Seven  hundred  dollars,     .         .         .  700  CO 

Twenty-nine    hundred    and    sixtv 

dollars, \  2,960  00 

Twenty-one  hundred  dollars,  .         .  2,100  00 

Forty-two  hundred  dollars,      .         .  4,200  00 

Six  hundred  and  sixty  dollars,         .  G60  00 

Five  hundred  and  eighty  dollars,    .  680  00 

Five  thousand  and  twenty  dollars,  .  5,020  00 

Nineteen  hundred  and  sixt)' dollars,  1,960  00 

Four  hundred  and  twenty  dollars,  .  420  00 

Two  thousand  and  twenty  dollars,  .  2,020  00 

Thirteen  hundred  dollars,         .         .  1,800  00 

Three  thousand  and  forty  dollars,  .  3,040  00 

Three  hundred  and  forty  dollars,    .  340  00 

Fourteen  hundred  and  twenty  dol- 
lars,      .         .         .         .        \        .  1,420  00 
Two  hundred  and  sixty  dollars,       .  260  00 

Six  hundred  dollars,         ...  600  00 

Two  hundred  and  eighty  dollars,     .  280  00 

Eight  hundred  dollars,     ...  800  00 

Seven  hundred  and  twenty  dollars,  720  00 

Four  himdred  and  eighty  dollars,    .  480  00 

Ten  hundred  and  twenty  dollars,    .  1,020  00 

Fifteen  hundred  and  forty  dollars,  .  1,540  00 

Thirty-three  hundred  and  fortv  clol- 

lars,        .        .         .         .        \        .  3,340  00 

Forty-three  hundred  dollars,    .         .  4,300  00 

Nine  hundred  dollars,      ...  900  00 


1889.  —  Chapter  453. 


1193 


WORCESTER  COUNTY—  Concluded. 


Worcester 
county. 


Stui-briclge, 

Nine  hundred  and  sixty  dollars. 

f960 

00 

Sutton, 

Thirteen  hundred  and  twenty  dol- 

lars,         

1,,320 

00 

0 

Templeton, 

Twelve  hundred  and  forty  dollars, . 

1,2W 

00 

Upton, 

Nine  hundred  dollars. 

900 

00 

Uxbridge,  . 

Twenty-one    hundred    and    twenty 

dollars, 

2,120 

00 

Warren, 

Twenty-five  hvmdred    and    twenty 

dollars,  ...... 

2,520 

00 

Webster,    . 

Twenty-nine  hundred  and    twenty 

dollars, 

2,920 

00 

West  Boylston,  . 

Twelve  hundred  and  forty  dollars, . 

1,2-10 

00 

WestBrookfield, 

Eight  hundred  dollars,     . 

800  00 

Westborough,    . 

Twenty-six  hundred  and  twenty  dol- 

lars,        

2,620 

00 

Westminster,     . 

Eight  hundred  dollars,     . 

800 

00 

Winchendon, 

Two  thousand  and  twenty  dollars,  . 

2,020 

00 

Worcester, 

Sixty-seven  thousand  five  hundred 

and  twenty  dollars, 

67,520 

00 

fl73,760 

"oo 

RECAPITULATION. 

Recapi 

Illation 

by  counties. 

Barnstable  Coun- 

ty, .        .        . 

Nineteen    thousand    four    hundred 

dollars, 

$19,400 

00 

Berkshire  Coun- 

ty, . 

Forty-three  thousand  six   hundred 

and  sixty  dollars,  .... 

43,660  00 

Bristol  County,  . 

One  hundred  and  twenty-three  thou- 
sand three  hundred  and  sixty  dol- 

lars,        

123,360  00 

Dukes  County,  . 

Three  thousand  three  hundred  and 

twenty  dollars,      .... 

3,320  00 

Essex  County,    . 

Two  hundred  and  ten  thoiisand  one 

hundred  and  eighty  dollars, 

210,180 

00 

Franklin  County, 

Tvventy  thousand  four  hundred  dol- 

lars,         

20,400 

00 

Hampden  Coun- 

ty,  • 

Eighty-eight  thousand  nine  hundred 

and  forty  dollars, .... 

88,940 

00 

Hampshire  Coun- 

ty, . 

Twenty-nine  thousand  five  hundred 

and  forty  dollars, .... 

29,540  00 

119^ 


1889.  — Chapter  453. 


Recapitul.ntion 
by  counties. 


RECAPITULATION  —  Concluded. 


Middlesex  Cov;u- 
tj,  .        .        . 


Nantucket  Couu- 
ty,   .         .         . 

Norfolk  County, 


Plymouth  Couu- 
ty,   .         .         . 

Suffolk  County, . 


Worcester  Coun- 
ty, .        .        . 


Three  hundred  and  thirty-five  thou- 
sand three  hundred  and  sixty  dol- 
lars,         

Three  thousand  dollars,   . 

One  hundred  and  twenty-six  thou- 
sand three  hundred  and  twenty 
dollars, 

Fifty-eight  thousand  two  hundred 
and  eighty  dollars, 

Seven  hundred  and  sixty-four  thou- 
sand four  hundred  and  eig'hty 
dollars, 

One  hundred  and  seventy-three 
thousand  seven  hundred  and 
sixty  dollars,         .... 


1335,360  00 
3,000  00 

126,3-20  00 

58,280  00 

764,480  00 

173,760  00 


$2,000,000  00 


Treasurer  of 
the  Coinmon- 
wealth  to  issue 
warrants. 


To  require 
selectmen  or 
assessors  to 
issue  warrants 
to  city  or  town 
treasiirers. 


To  notify  treas- 
urers of  delin- 
quent cities 
and  towns. 


Section  2.  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ing them  respectively  to  assess  the  8um  so  charged, 
according  to  the  provisions  of  chapter  eleven  of  the  Pub- 
lic Statutes,  and  to  add  the  amount  of  such  tax  to  the 
amount  of  town  and  county  taxes  to  be  assessed  by  them 
respectively  on  each  city  and  town. 

Section  3.  The  treasurer  of  the  Commonwealth  in  his 
warrant  shall  require  the  said  selectmen  or  assessors  to 
pay  or  issue  severally  their  warrant  or  warrants  requiring 
the  treasurers  of  their  several  cities  or  towns  to  pay  to  the 
treasurer  of  the  Commonwealth  on  or  before  the  tenth 
day  of  December  in  the  year  eighteen  hundred  and 
eighty-nine  the  sums  set  against  said  cities  and  towns  in 
the  schedule  aforesaid ;  and  the  selectmen  or  assessors 
respectively  shall  return  a  certificate,  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns  with  the  sum 
which  each  may  be  required  to  collect  to  the  treasurer  of 
the  Commonwealth  at  some  time  before  the  first  day  of 
October  in  the  year  eighteen  hundred  and  eighty-nine. 

Section  4.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the 
Commonwealth  within  the  tin>e  specified,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delinquent 


1889.  —  Chapter  454.  1195 

city  or  town,  who  shall  pay  into  the  treasury  of  the  Com- 
monwealth in  addition  to  the  tax  such  further  sum  as 
would  be  equal  to  one  per  centum  per  month  during  such 
delinquency  from  and  after  the  tenth  day  of  December  in 
the  year  eighteen  hundred  and  eighty-nine ;  and  if  the 
same  remains  unpaid  after  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety  an  information  may  be 
filed  l)y  the  treasurer  of  the  Commonwealth  in  the  supreme 
iudicial  court  or  before  any  justice  thereof  against  such  warrants  of 

J    V  1.      -i.  i.  1  »•         i  1         -i-  distress  may 

dehnquent  city  or  town  ;  and  upon  notice  to  such  city  or  issue  against 
town  and  a  summary  hearing  thereon  a  warrant  of  distress  "^y°'''^o""- 
may  issue  against  such  city  or  town   to  enforce   the   pay- 
ment of  said  taxes  under  such  penalties  as  said  court  or 
the  justice  thereof  before  whom  the  hearing  is  had  shall 
order. 

Section  5.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  7,  1889. 

An  Act  relative  to  damages  done  by  dogs  to  sheep,  lambs,  nhn^i  4^14 

FOWLS   OR   other    DOMESTIC  W^NIMALS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  ninety-eight  of  chapter  one  hun-  loss  from  dogs 
dred  and  two  of  the  Public  Statutes  is  hereby  amended  m°other  domes! 
so  as  to  read  as  follows  :  —  Section  98.  Whoever  sufiers  p^ |"iJ.f '|"9s. 
loss  by  the  worrying,  maiming  or  killing  of  his  sheep, 
lambs,  fowls  or  other  domestic  animals  by  dogs,  without 
the  enclosure  of  the  owners  or  keepers  of  such  dogs, 
may,  if  the  damage  is  done  in  a  city,  inform  the  officer 
of  police  of  said  city  who  shall  be  designated  to  receive 
such  informations  by  the  authority  appointing  the  police, 
and,  if  the  damage  is  done  in  a  town,  may  inform  the 
chairman  of  the  selectmen  of  the  town  wherein  the  dam- 
age was  done,  who  shall  proceed  to  the  premises  where 
the  damage  was  done  and  determine  whether  the  same 
was  inflicted  by  dogs,  and  if  so  appraise  the  amount 
thereof  if  not  exceeding  twenty  dollars  ;  if  in  the  opinion 
of  said  oflScer  of  police  or  chairman  the  amount  of  said 
damage  exceeds  twenty  dollars  he  shall  appoint  two  dis- 
interested persons,  who  with  himself  shall  appraise  under 
oath  the  amount  thereof.  The  said  appraisers  shall  also 
consider  and  include  in  such  damages  the  labor  and  time 
necessarily  expended  in  the  finding  and  collecting  of  the 
sheep,  lambs,  fowls  or  other  domestic  animals  so  injured 
or  separated,  and  the  value  of  those  lost  or  otherwise 
damaged  by  doga.     The  said  officer  of  police  or  chairman 


1196  1889.  — Chapter  454. 

slmll  return  a  certificate  of  the  damages  found,  except  in  the 
county  of  Suffolk,  to  the  treasurer  of  the  county  where  the 
damage  is  done  within  ten  days  after  such  appraisal  is  made. 
The  treasurer  shall  thereupon  submit  the  same  to  the 
county  commissioners,  who  within  thirty  days  shall  ex- 
amine all  such  bills,  and  if  any  doubt  exists  may  summon 
the  appraisers  and  all  parties  interested  and  make  such 
examination  as  they  may  think  proper,  and  shall  issue  an 
order  upon  the  treasurer  of  the  county  in  which  the  dam- 
age was  done  for  all  or  any  part  thereof  as  justice  and 
equity  may  require.  The  treasurer  shall  pay  all  orders 
drawn  upon  him  for  the  above  purpose  in  full  on  or  after 
the  first  day  of  July  in  each  year  if  the  amount  in  his 
hands  standing  to  the  credit  of  the  don:  fund  is  sufficient 
therefor ;  otherwise  he  shall  pay  such  amount  pro  rata 
upon  such  orders  in  full  discharge  thereof  on  demand. 
The  ai)praisers  shall  receive  from  the  county,  or  in  the 
county  of  Suffolk  from  the  city  or  town  treasurer,  out  of 
the  moneys  received  under  the  provisions  of  this  chapter 
relating  to  dogs,  oi*  dollar  each  for  every  such  examina- 
tion made  by  them  ;  and  the  mayor  or  the  chairman  of 
selectmen  acting  in  the  case  shall  receive  twenty  cents 
per  mile  one  way  for  his  necessary  travel. 
authoritii°m"y  Section  2.  The  mayor  and  aldermen  of  a  city  or  the 
offer  reward       sclectmcn  of  a  towu  may  offer  a  reward  not  exceeding  ten 

not  exceeding  -^  o 

ten  dollars  for     dollars  for  the  killing  of  any  dog  found  to  have  worried, 

found  to  have     maimed  or  killed  any  sheep,  lambs,  fowls  or  other  domes- 

rh'eepretc!'' '      tic  auiuials,  thereby  causing  damage  for  which  the  owner 

thereof  may  become  entitled   to  compensation  from  the 

dog  fund  as  provided  for  in  section  one  of  this  act,  or 

for  evidence  which   shall  determine  to  the  satisfaction  of 

the  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a 

town  who  is  the  owner  or  keeper  of  the  dog  or  dogs  by 

which  such  damage  is  done.     The  county  conniiissioners, 

except   in    the    county    of    Suffolk,    are    authorized    and 

directed  to  pay  the  said  reward  from  the  dog  fund  upon 

a  certificate  signed  by  the  mayor  and  aldermen  of  a  city 

or  selectmen  of  a  town. 

after''ahe"aring,        SECTION  3.     If  the  Selectmen  of  a  town  or  the  mayor 

who  is  owner  of  and  aldcmien  of  a  city  shall  determine,  after  a  hearing 

dog  and  to  n        i  •    i      i  •         i  i  •  •         •  i 

notify  him  to      01  which  duc  uoticc  has  becu  given  to  parties  interested, 

kill  or  confine  I'ji  i  c  i  i  r  i   i. 

dog.  .  who  is  the  owner  or  keeper  or  any  dog  or  dogs  lound  to 

have  worried,  maimed   or  killed  any  sheep,  lambs,  fowls 
or  other  domestic  animals,  thereby  causing  damages  for 


1889.  — Chapter  454.  1197 

which  the  owner  thereof  may  become  entitled  to  compen- 
sation from  the  dog  fund  as  provided  for  in  section  one, 
they  shall  serve  vipon  the  owner  or  keeper  of  said  dog  a 
notice  directing  him  within  twenty-four  hours  to  kill  or 
confine  such  dog  or  doc^s. 

Section  4.  A  person  owning  or  keeping  a  dog,  who  Pensiuyon 
has  received  such  notice  and  does  not  within  twenty-four  coufiniug'dog. 
hours  thereafter  kill  or  forever  keep  such  dog  on  his 
premises,  or  under  the  immediate  restraint  and  control  of 
some  person,  shall  ])e  fined  a  sum  not  exceeding  twenty- 
five  dollars  ;  and  any  person  may  kill  such  dog  if  it  is 
found  strolling  out  of  the  enclosure  or  immediate  care 
of  its  owner  or  keeper. 

Section  5.     The  county  commissioners  in  each  county,  suitable  person 
except  in  the  county  of  Suffolk,  shall  appoint  some  suit-  by  county'com- 
able  person  residing  in  the  county  who  shall  at  the  request  hil^esugate  any 
of  the  chairman  of  the  selectmen  of  a  town  or  oiBcer  of  ancTto^b'Ji'na""'^^ 
the  police  designated  as  provided  in  section  one  of  this  action,  etc. 
act  investigate  any  case  of   damages  done   by  a  dog  of 
which  such  chairman  or  officer  shall  have  been  informed 
as  provided  in  said  section  one,  and  if  he  shall  deem  the 
evidence  suflicient  to  sustain  an  action  against  the  owner 
or  keeper  of  a  dog  as  provided  in  section  one  hundred  and 
six  of  chapter  one  hundred  and  two  of  the  Pul)lic  Statutes, 
and  shall  deem  such  owner  or  keeper  able  to  satisfy  any 
judgment  which  may  he  recovered  in  such  action,  he  shall 
bring  such  action  and  prosecute  the  same,  unless    such 
owner  or  keeper  shall  before  such  suit  is  brought  pay  him 
such  sum  in  settlement  of  such  damages  as  he  shall  deem 
reasonable.     All  awards  received  by  such  person  or  re- 
covered   in    such    actions    shall    be    paid    to    the    county 
treasurer  and  placed  to  the  credit  of  the  dog  fund.     Such 
reasonable    compensation    as    the    county  commissioners  Compensation. 
shall  allow  such    person  for  his   services    and  necessary 
expenses  and  the  reasonable  expense  of  prosecuting  such 
suits,  as  the  same  may  be  approved   by  the  county  com- 
missioners, shall  be  paid   by  the  county  treasurer  out  of 
the  dog  fund.     The   person  appointed  may  be  removed 
at  any  time  by  the  county  commissioners.     In  counties 
where    such    person    is    appointed    the    treasurer   of    the 
county  shall  not  be  authorized  to  luring  such  actions. 

Section  6.     Section  one  of  chapter  two  hundred  and  Repeal. 
fifty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  is  hereby  repealed.        Approved  June  7,  18S9. 


1198 


1889.  —  Chapter  455. 


CJlCin  455    ^^   ^^^   PERMITTING    THE    ESTABLISHMENT   OF   A   FIRE    DISTRICT    IN 


Fire  district 
maj'  be  estab- 
lished in  town 
of  Stockbridge. 


Inhabitants  may 
establish  and 
organize  district 
wiih  consent  of 
the  town. 


Board  of  com- 
missioners may 
be  chosen. 


Vacancies. 


THE   TOWN   OF   STOCKBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  fire  district  may,  by  consent  of  the 
inhabitants  of  the  town  of  Stockbridge,  expressed  by  vote 
at  a  legal  meeting  duly  called  for  the  purpose  within  one 
year  from  the  passage  of  this  act,  be  established  in  said 
town,  to  include  all  the  territory  within  the  following 
limits,  viz  :  — Beginning  in  the  centre  of  the  Housatonic 
river,  where  the  Markham  brook  empties  into  the  same  ; 
thence  northerly  to  a  large  elm  tree  on  the  easterly  bank 
of  said  brook,  twenty  feet  northerly  of  the  north  bank 
of  said  river :  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.  W.  Corastock,  striking  the  northeast  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. 

Section  2.  In  case  the  said  town  shall  so  consent  to 
the  establishment  of  such  fire  district  the  inhabitants 
included  within  said  territory,  qualified  to  vote  in  town 
affairs,  may  forthwith  proceed  to  constitute  and  organize 
said  district  in  accordance  with  the  provisions  of  law 
relating  to  fire  districts. 

Section  3.  The  legal  voters  of  the  said  fire  district 
of  the  town  of  Stockbridge  shall  within  one  year  from  the 
organizing  of  said  district,  at  a  meeting  called  for  the  pur- 
pose, choose  by  ballot  a  board  of  three  commissioners, 
who  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  inhabitants  and  voters  in  said  district.  Said  commis- 
sioners 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 


1889.  —  Chapter  455.  1199 

in  said  ])oard  at  any  meeting  of  said  fire  district  regularly 
called  for  that  purpose.  Said  commissioners  shall  be 
sworn. 

Section  4.     Said  district  may  at  meetings  called  for  District  may 

, ,  .  /•        i  I  c  •  t.    raise  raouey  to 

that  purpose  raise  money  tor  the  purpose  or  carrymg  out  cany  out  provi- 
the  provisions  of  this  act;  and  said  board  shall  expend  ^'o-^* of '^'^t- 
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  bind  the  district  to  the  payment  of  money  in 
excess  of  its  appropriation  or  for  any  purpose  not  specified 
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. 

Section  5.     The  clerk  of  the  district  shall  on  or  before  cierk^of  dutrist 
the  first  day  of  May  of  each  year  certify  to  the  assessors  assessors  sums 
of  the  town  of  Stockbridgo  all  sums  voted  to  be  raised  by  r^ued." 
the  district  during  the  year  last  preceding  under  the  pro- 
visions of  this  act,  which  sums  shall  be  assessed  and  col- 
lected by  the  officers  of  the  town  in  the  same  manner  as 
town  taxes  are  assessed  and  collected,  and  shall  be  paid 
over  to  the  treasurer  of  said  district,  who  shall  hold  the 
samd  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  6.     It  shall  be  the  duty  of  said  board  under  Board^town- 
the  supervision  and  direction  of  said  district  to  construct,  maintain  main 
reconstruct,  erect,  repair,  maintain  and  have  charge    of   "^^"^•'''=- 
all  mtiin  drains,  common  sewers,  sidewalks,  lamp  posts, 
street  lamps  and  street  hydrants  in  said  fire  district,  and 
have  charge  of  the  sprinkling  of  the  streets  therein  and  of 
all  matters  pertaining  thereto  as  herein  provided  ;  and  to 
construct  such  cross-walks  as  may  be  ordered  by  said  dis- 
trict ;  and  to  keep  maps  and  plans  of  all  such  main  drains 
and  common  sewers. 

Section  7.     Said  board  shall  have  authority  to  deter-  to  determine 

1  T  •  -I    \  -t  -I'lTij.  grade,  width, 

mme  the  grade,  width  and  material,  including  curbstone,  etc.,  of  side- 
of  all  sidewalks  on  the  public  streets  and  highways  of  said  '^''"'*' 
district,    and  to  construct,    reconstruct  and   repair   such 


1200  1S89.  — Chapter  455. 

sidewalks  in  accordance  with  such  determination.  Upon 
the  completion  of  any  sidewalk  by  said  buard  or  the  com- 
pletion of  the  reconstruction  or  repair  of  any  sidewalk,  or 
within  one  year  thereafter,  said  board  shall  ascertain,  de- 
termine and  certify  the  whole  expense  of  such  making, 
reconstruction  or  repair,  and  shall  cause  a  record  thereof 
to  be  made,  and  shall  assess  a  portion  not  exceedino^  one- 
half  the  amount  of  the  same  upon  all  the  lands  which  abut 
on  such  sidewalk  so  made,  reconstructed  or  repaired. 
whelf'a^nThow  Section  8.  Said  board  shall  have  power  to  determine 
snow,  etc.  shall  when,  iu    what   manner  and    to  what   extent  snow,  ice, 

be  removed  ,  ,  i      n      i 

from  sidewalks,  grass,    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  approval 
of  said  fire  district,  and  also  by-laws  and  penalties  prohib- 
iting the  deposit  of  ashes,  garbage,  filth  or  other  refuse 
matter  on  the  streets  and  sidewalks  within  the  limits  of 
said  district. 
foSiig\ip°or        Section  9.     No  sidewalk,  graded,  constructed,  recon- 
withoufconsent  ^tructed  Or  repaired  in  said  district,  in  conformity  to  the 
of  board.  provisions  of  this  act,  shall  be  dug  up  or  obstructed  in  any 

part  thereof  without  the  consent  of  said  board ;  and  who- 
ever rides  or  drives  or  leads  any  neat  cattle,  or  uses  any 
vehicle  moved  by  hand  other  than  those  used  for  the  car- 
riage 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  than  five  dollars  for  each  violation  of  the 
provisions  of  this  section. 
cross.waiks.  SECTION  10.     Said  fire  district  at  meetings  called  for 

that  purpose  may  order  said  board  to  construct  cross- 
walks in  any  of  the  streets  in  said  district  on  which  they 
have  authority  to  construct  sidewalks.  Said  board  shall 
construct  all  such  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. 
Fu°hmain'"''''^  Section  11.  Said  board  shall  lay,  make,  reconstruct 
draius,  etc.,  as    and  maintain   in   said   district  all   such   main  drains   and 

district  may  .  ,      ,.         . 

order  by  vote,  couimon  scwci's  as  said  district  at  a  legal  meeting  called 
for  that  purpose  shall  by  vote  adjudge  to  be  necessary  for 
the  public  convenience  or  the  public  health,  and  may 
repair  the  same  from  time  to  time  whenever  necessary ; 


1889.  —  Chapter  455.  1201 

and  for  these  purposes  may  take,  in  the  manner  hereafter  May  take  land 
provided,    any  land,  property  or   right    which    in    their  poUsf  ^"'^' 
opinion  may  he  necessary  therefor. 

Section  12.     All  the  main  drains  and  common  sewers  Mam  drains  and 
in  said  district  shall  be  the  property  of  said  district  and  to'h^uudlT'^^^ 
shall  ])e  under  the  charge  and  control  of  said  board,  who  charge  of  board, 
shall  have  the  power  and  authority  to  regulate  the  use  of 
the  same  and  to  prescribe  the  mode,  terms  and  conditions  in 
which  the  same  shall  be  entered  by  private  drains.     And 
no  person  shall  be  allowed  to  enter  or  discharge  into  a  Not  to  be 

■        1       '  •       i       1       •  i    1         entered  by 

mam  drain  or  common  sewer  any  private  dram  except  i)y  private  drains 
leave  of  said  board  and  on  such  terms  and  conditions  as  orthe^'oar'd!^^ 
said  board  shall  prescribe  ;  and  all  such  private  drains 
entering  any  main  drain  or  common  sewer  shall  be  under 
the  exclusive  charge  and  control  of  said  board,  who  shall 
have  authority  to  make  and  execute  orders  concerning  the 
same  as  though  the  same  were  constructed  hy  said  board 
under  this  act.  The  provisions  of  this  section  shall  apply 
to  and  govern  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. 

Section  13.     All  assessments  made  by  said  board,  as  Assessmemsto 
provided  for  in  this  act,  shall  constitute  a  lien  on  the  real  on"reai"estate'^ 
estate  assessed,  for  two  years  from  the  time  of  assessment,  f°'' '"^o  year's- 
and  for  one  year  after  the  final  determination  of  liny  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  committed 
l)y  said  board  for  collection  to  the  person  then  author- 
ized l)y  law  to  collect  taxes  in  said  town.     Said  collector 
shall  forthwith  puljlish  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  pub- 
lication 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  if  not  paid 
paid  within  three  months  from  the  publication  of  said  list  monthsUikctor 
he  shall  levy  the  same  with  incidental  costs  and  expenses  o°f  IhYiand!*'^ 
by  sale  of  the  land,  such  sale  to  be  conducted  in  like  man- 
ner as  sales  of  land  for  non-payment  of  town  taxes  ;  and 
in  making  such  sales  and  any  sale^  for  taxes  assessed  for 
said  district,  such  collector  and  said  district  and  its  officers 


1202 


1889.  —  Chapter  455. 


Money  received 
to  be  paid  over 
to  treasurer  of 
district. 


Invalid  assess- 
nienle  may  be 

re-assessed. 


Person 

aggrieved  may 
have  trial  by 
jury. 


When  land  is 
taken  under 
section  eleven, 
a  description 
thereof  shall  be 
tiled  in  the  reg- 
istry of  deeds. 


shall  have  all  the  powers  and  privileges  eonferrecl  by  the 
general  laws  of  the  Commonwealth  upon  collectors  of 
taxes  and  upon  cities  and  towns  and  their  officers  relating 
to  sales  of  land  for  the  non-payment  of  taxes.  The  col- 
lector shall  pay  over  all  moneys  received  by  him  under 
this  act  to  the  treasurer  of  said  district  in  the  same  man- 
ner 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  back  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 
then  re-assessed  shall  be  payable  and  shall  be  collected 
and  enforced  in  the  same  manner  as  other  assessments. 

Section  15.  Any  person  aggrieved  by  an  assessment 
made  by  said  board  may  at  any  time  within  three  months 
from  the  publication  of  the  list  of  such  assessment,  as  pro- 
vided in  the  preceding  section,  apply  by  petition  to  the 
superior  court  for  the  county  of  Berkshire  ;  and  after  due 
notice  to  the  said  fire  district  a  trial  shall  be  had  at  the  bar 
of  said  court  in  the  same  manner  in  which  other  civil 
causes  are  there  tried  by  the  jury  ;  and  if  either  request 
it  the  jury  shall  view  the  place  in  question.  Before  tiling 
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  objection  to  the 
assessment ;  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  respon- 
dent 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. 

Section  16.  Whenever  land  is  taken  by  virtue  of  the 
provisions  of  section  eleven,  the  said  board  shall  within 
sixty  days  after  any  such  taking  file  in  the  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  which 


1889.  — Chapter  455.  1203 

it  is  taken ;  and  the  right  to  use  all  lands  so  taken  for  the 
purposes  mentioned  in  said  statement  shall  vest  in  said 
lire  district  and  its  successors.  Damages  for  land  so 
taken  shall  be  paid  by  said  fire  district ;  and  any  person 
aggrieved  by  the  taking  of  his  land  under  this  act  and 
failino;  to  ao'ree  with  said  board  as  to  the  amount  of  dam- 
ages  may,  upon  a  petition  filed  with  the  county  commis- 
sioners of  the  county  of  Berkshire  within  one  year  from 
the  filing  of  the  description  thereof  in  the  registry  of 
deeds,  have  his  damages  assessed  and  determined  in  the 
manner  provided  when  land  is  taken  for  highways  ;  and  if 
either  part}^  is  not  satisfied  with  the  award  of  damages  by  Either  party 

.1  ,  •■  Till  li?  "  J.'    not  satisfied 

the  county  commissioners,  and  shall  apply  tor  a  jury  to  may  apply  for 
revise  the  same,  the  fire  district  shall  pay  the  damages  ''J"''y- 
awarded  by  the  jury,  and  shall  pay  costs  if  the  damages  are 
increased  by  the  jury,  and  shall  recover  costs  if  the  dam- 
ages 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,  Penalties  may 

uQ  recovered 

and  under  any  by-laws  established  in  pursuance  thereof,  by  action  of 
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  Common- 
wealth :  2^^'ovided,  that  no  such  action,  complaint  or  indict- 
ment shall  be  maintained  unless  brought  within  thirty  days 
after  the  right  of  action  accrues  or  the  offence  is  com- 
mitted. No  inhabitant  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  General  laws 
Commonwealth  applicable  to  fire  districts,  and  not  incon-  Hre  districts" 
sistent  with  this  act,  shall  apply  to  the  fire  district  of  the  ^J^^^'^  apply- 
town  of  Stockbridge  organised  as  herein  provided.     Noth- 
ing herein  contained  shall  be  construed  to  interfere  with 
the  authority  of  the  surveyors  of  highways  or  any  author- 
ity of  the  town  or  its  agents  which  can  be  legally  exer- 
cised over  highways  or  roads.  But  the  town  of  Stockln-idge  injuries  to  side- 
shall  repair  any  injury  done  to  sidewalks  in  said  district  by  n»"siDg,'etc., 
the  officers  of  said  town  by  reason  of  any  raising,  lower-  repuirelbythe 
ing,  or  other  act  done  for  the  purpose  of  repairing  a  high-  '°w"' 
way  or  townway  ;  and  whenever  any  cross-walk  shall  be 


1204 


1889.  —  Chapter  456. 


Authority  of 
town  to  con- 
struct Bide- 
walks,  etc., 
suspended. 


Recovery  of 
damages. 


Repeal. 


torn  up  or  injured  by  the  officers  of  the  town  of  Stock- 
l)ridge  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  dis- 
trict shall  be  suspended  while  this  act  is  in  force  ;  l)ut  this 
act  shall  in  nowise  affect  the  liabilit^^  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  tire 
district,  if  the  fire  district  has  had  reasonable  notice  to 
defend  the  action,  the  said  town  may  recover  of  the  fire 
di .strict  in  addition  to  the  damages  all  costs  of  both  plain- 
tiff and  defendant  in  the  action. 

Section  20.  Chapter  one  hundred  and  seventy-two  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  repealed. 

Section  21.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  7,  1889. 


ChcwAdQ  ^N   ^^"^  '^^   PROVIDE   FOR  THE  MAKING   AND   COLLECTING  OF   SEWER 

ASSESSMENTS   IN   THE   CITY   OF   BOSTON. 


Be  it  enacted,  etc.,  as  folloivs  : 
Owner  of  SECTION  1.     The  owiicr  of  cach  estate  in  the  city  of 

estate  bordering  i  i       •  •  f  i         i     i  i 

onastreetmay   Bostou  bordcrmo;  ou  a  strcct  or  on  a  strip  ot  hind  through 

enter  a  particu-         i   •    i  •         -i  '~  •  i      11    i  ai  1 

lar  drain  into  which  a  main  clraiu  or  common  sewer  shall  hereaiter  be 
l^dlhaii'p.^ya"  coustructcd  in  said  city,  may  enter  a  particular  drain  into 
ment!"  ^^^^^^'  sucli  uiain  drain  or  common  sewer  from  that  part  of  said 
estate  which  is  situated  within  one  hundred  feet  from  said 
street  or  strip  of  land  ;  and  shall  upon  and  after  such 
entry  pay  to  said  city  an  assessment  on  such  estate  equal 
to  the  number  of  square  feet  of  land  thereof  within  one 
hundred  feet  of  such  street  or  strip  of  land  multiplied  by 
the  number  representing  one  two-hundredth  part  of  the 
average  cost  per  running  foot  of  all  the  main  drains  and 
common  sewers  of  the  city  of  Boston  built  during  the  five 
fiscal  years  preceding  the  date  of  the  order  to  build  such 
main  drain  or  common  sewer.  No  estate  shall  be  assessed 
more  than  once  for  the  construction  of  a  drain  or  sewer 
except  as  hereinafter  provided,  but  such  estate  may  be 


1889.  —  Chapter  456.  1205 

assessed  in  the  manner  aforesaid  for  the  cost  of  renewal 
or  repair  of  a  drain  or  sewer. 

Section  2.     The    amount   of    every    such   assessment  Amount  of 

,  .  ,     •z  .  .       assessment  to 

shall  nnmediately  upon  the  completion  of  the  main  drain  bV  determined 

1  ,  11,  •         11         ,1  immediately 

or  common  sewer  be  made  and  determnied  by  the  super-  upon  compie- 
intendent  of  sewers  of  said  city,  and  interest  shall  be  drain.  ^^^'^ 
added  to  the  amount  assessed  at  the  rate  of  five  per  cent, 
per  annum  from  the  date  of  completion  of  the  main  drain 
or  common  sewer,  as  certified  in  writing  by  said  super- 
intendent in  a  book  to  be  kept  for  that  purpose  in  his 
ofiice  ;  and  notice  of  the  date  of  such  completion  and  of 
the  amount  of  such  assessment  shall  be  given  by  said 
superintendent  to  the  person  assessed  forthwith  after  the 
amount  of  the  assessment  has  been  determined. 

Section  3.     The  owner  of  an  estate  not  bordering  on  Entry  of  par- 
a  street  or  strip  of  land  through  which  a  main  drain  or  inTo  main  drain 
common  sewer  is  constructed,  or  of  an  estate  bordering  do'^e's'lotTo^ier 
on  such  street  or  strip  of  land  extending  more  than  one  gP°°  ^  ®'"'''' 
hundred  feet  in  depth  therefrom,  may  after  the  amount  of 
the  assessment  on  such  estate  to  be  paid  therefor  has,  on 
the  petition  of  such  owner,  been  fixed  by  the  board  of 
aldermen  of  said  city,  enter  from  such  first  named  estate, 
or  from  any  part  of  such  last  named  estate,  situated  more 
than  one  hundred  feet  from  the  street  or  strip  of  land,  a 
particular  drain  into  the  main   drain  or  common  sewer, 
and  shall  upon  and  after  such  entry  pay  to  the  said  city 
the  amount  of  the  assessment  fixed  as  aforesaid ;  but  such 
amount  shall  not  exceed  the  amount  he  would  have  had 
to  pay  under  section  one  of  this  act  if  his  estate  had  bor- 
dered on  such  street  or  strip  of  land  and  had  been  only 
one  hundred  feet  in  depth  therefrom. 

Section  4.     Upon   the    request    of    an    owner   of  an  Assessment 
estate  on  which  an  assessment  has  been  made  under  this  hl'^o threepam 
act,  made  to  the  board  of  assessors  of  said  city  within  ul^dnheTbree 
ten  davs  after  any  entry  aforesaid,  said  board  of  assessors  yarsnext 

•^  .  •'  ^      .  '  ensumg. 

shall  apportion  the  same  into  three  equal  parts,  and  shall 
add  one  of  said  parts  with  interest  as  aforesaid  to  the 
annual  tax  of  said  estate  for  each  of  the  three  years  next 
ensuing. 

Section  5.     Every   assessment   made    under   this   act  Assessments 

111  .  ,.*^  ,  ....      to  constitute  a 

shall  constitute  a  lien  upon  the  estate  assessed  until  it  is  Men  upon  estate 
paid,  and  may  with  all  incidental  costs  and  expenses  be  ""^'  ^'*"" 
levied  and  collected  in  the  same  manner  as  taxes  on  real 
estate  are  levied  and  collected  ;  and  a  person  aggrieved 


1206  1889.  — Chapters  457,  458,  459. 

by  any  such  assessment  may  at  any  time  within  ten  days 
after  any  entry  aforesaid  apply  for  and  have  an  abate- 
ment of  his  assessment  in  the  same  manner  and  under 
like  rules  of  law  as  a  person  may  apply  for  and  have  an 
abatement  of  taxes. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  7,  1889. 

ChCtn.4:57         ^^  -^^'^  relating   to   licenses   FOR   HAWKERS   AND   PEDLERS. 

Be  it  enacted^  etc.,  as  follows. • 
Licenses  for  Section  1.     Scction  nine  of  chapter  sixty-eio^ht  of  the 

hawkers  and         -n»ii>o  -i  i  ii  ii/»ii 

pedierstobe      Public  Statutes  IS  hereby  repealed  and  the  followmo-  is 

issued  to  .  ^  i.  o 

soldiers  and  substitutcd  thcrcfor  : — The  secretary  of  the  Common- 
saihsrs  without  ^gj^]|^]^  j^,^y  gj-j^nt  a  special  statc  or  county  license,  with- 
out the  payment  of  any  sum  therefor,  to  any  soldier  or 
sailor  resident  in  this  Commonwealth  who  served  in  the 
army  or  navy  during  the  war  of  the  rebellion  and  who  has 
received  an  honorable  discharge  from  such  service,  upon 
satisfactory  evidence  of  the  identity  of  such  soldier  or 
sailor. 

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

Ajyproved  June  7,  1889. 


Chap.4.5S  A^^  ACT  TO 


INCREASE  THE  PENALTY  FOR  LARCENY  IN  CERTAIN 
CASES. 


Be  it  enacted,  etc.,  as  follows : 
Penalty  for  SectioH  twcutv  of  chapter  two  hundred  and  three  of  the 

larceny  in-  t-vit^  "-i  i  tii  it  jji  i 

creased.  Public  Statutcs  IS  hereby  amended  by  adding  at  the  end 

thereof  the  following  words  :  — provided,  however,  that 
when  the  property  is  stolen  or  taken  from  the  conveyance 
of  a  common  carrier  or  a  person  or  corporation  canying 
on  the  express  business,  and  the  value  of  the  property 
'  stolen  does  not  exceed  one  hundred  dollars,  the  penalty 
shall  be  imprisonment  in  the  state  prison  or  jail  not  ex- 
ceeding three  years,  or  a  fine  not  exceeding  five  hundred 
dollars,  or  both.  Approved  June  7,  1889. 

ChciV  459  An  Act  to  provide  for  printing  a  daily  trial  list  in  the 

SUPERIOR  COURT  FOR  THE  COUNTY  OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  folloivs: 

Triaiiisttobe  Section  1.  The  clcrk  of  the  superior  court  for  civil 
deihered" o  any  busiucss  for  thc  couuty  of  Sufiolk  shall,  as  early  as  twelve 
theref"or.^^'^^°^  o'clock  noou  of  cach  court  day  next  preceding  a  trial  day, 


1889.  —  Chapters  460,  461.  1207 

make  a  list  of  the  cases  for  trial  in  each  session  on  the 
following  trial  day,  and  shall,  as  early  as  possible  after 
two  o'clock  in  the  afternoon,  deliver  without  charge  a 
printed  copy  of  said  list  as  it  was  at  two  o'clock  to  any 
person  applying  therefor. 

Section  2.     No  case  shall  be  placed  on  said  list  after  No  case  to  be 
said  twelve  o'clock   without   the    consent   of  all    parties  anertwdv^ 
thereto ;  and  no  case  on  said  list  at  said  two  o'clock  shall  °'<=''''=^- 
be  postponed  except  by  order  of  the  court. 

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

Approved  June  7,  1889. 


ChapAQO 


An  Act   to   authorize    the    town  of  charlemont  to  make 

BY-LA. WS   to   regulate   THE   USE   OF   WAYS   AND   BRIDGES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  town  of  Charlemont  may  from  time  to  May  make  by- 
time  establish  reasonable  by-laws,  subject  to  the  approval  thruse^o"f''i-oad9 
of  the  superior  court  or  any  justice  thereof  as  now  pro-  wuh^penfuties 
vided  by  law,  to  regulate  the  use  of  and  prevent  injury  a"°exed. 
to  the  highways,  townways,  causeways  and  bridges  wnthin 
its  limits  which  said  town  is  required  by  law  to  keep  in 
repair,  and  may  annex  penalties  not  exceeding  fifty  dollars 
for  each  violation  of  any  by-law  so  established. 

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

Approved  June  7,  1889. 


Cha2).^61 


An  Act  to  provide  for  an  adjournment  of  the  September 

SITTING   of   the   SUPERIOR   COURT   FOR  THE  COUNTY   OF  ESSEX  TO 
LAWRENCE   AND   HAVERHILL. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.      The    September   sitting   of  the    superior  September 
court  for  the  county  of  Essex  for  the  transaction  of  civil  rior^ouitTo^^' 
business  shall  be  held  at  Newburyport,  and  by  adjourn-  Ne'wburyport. 
ment  at  Lawrence  and  Haverhill.     All  cases  on  the  trial 
list  for  said  sitting  shall  be  tried  at  Newburyport  unless 
the  parties  shall  otherwise  agree  before  the  same  shall  be 
reached  for  trial,  or  the  court  for  good  cause  shown  shall 
otherwise  order. 

Section  2.     When  the  cases  for  trial  at  Newlniryport  when  cases  for 

tritil  lire  tlis- 

shall  have  been  disposed  of  the  sitting  shall  be  adjourned  posed  of,  sitting 
to  Lawrence,  and  shall  there  continue  until  the  Saturday  IC  Haveihm°and 
preceding  the  first  jMonday  of  October  unless  the  Law-  ^^''^^''^nce. 
rence  list  shall  have  ])een  previously  disposed  of,  when  in 
either  case  it  shall  be  adjourned  to  Haverhill. 


1208 


1889.  —  Chapter  462. 


Accommoda- 
tions for  the 
court  .at 
Haverhill. 


Chap 


Guardians  and 
trustees  resid- 
ing out  of  the 
Commonwealth 
to  appoint  an 
agent  upon 
whom  process 
may  be  served. 


The  same 
requirement  of 
guardians,  etc., 
removing  from 
the  Common- 
wealth. 


If  agent  dies 
or  removes, 
another  agent  to 
be  appointed. 


Provisions  of 
P.  8.  132, §§  Il- 
ls to  apply. 


Sectiox  3.  Said  court  at  its  sitting  in  Haverliill  shall 
avail  itself  so  far  as  practicable  of  the  rooms,  facilities  and 
accommodations  provided  by  the  county  of  Essex  for  the 
police  court  of  Haverhill.  Any  other  rooms  or  accom- 
modations which  may  be  required  for  the  purposes  of 
said  court  shall  be  furnished  at  the  expense  of  the  city  of 
Haverhill.  Approved  June  7,  1889. 

.462  ^N  Act  requiring  guardians  and  trustees  residing  or  re- 
moving OUT  OF  THE  COMMONWEALTH  TO  APPOINT  AN  AGEX  T 
RESIDENT  IN   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  Every  guardian  or  trustee,  appointed  by 
a  probate  court  or  the  supreme  judicial  court,  residing 
out  of  the  Commonwealth  shall  before  entering  upon  the 
duties  of  his  trust  appoint  in  writing  an  agent  residing  in 
the  Commonwealth,  and  shall  by  such  writing  stipulate 
and  agree  that  the  service  of  any  legal  process  against  him 
as  such  guardian  or  trustee  if  made  on  such  agent  shall  be 
of  the  same  legal  effect  as  if  made  on  himself  personally 
within  the  Commonwealth.  Such  writing  shall  give  the 
proper  address  of  such  agent  and  shall  be  filed  in  the 
ofiice  of  the  register  of  probate  or  clerk  of  the  court 
which  appointed  him. 

Section  2.  Every  guardian  or  trustee  removing  from 
and  residing  out  of  the  Commonwealth,  having  been 
appointed  by  a  probate  court  or  the  supreme  judicial 
court  within  the  Commonwealth,  shall  in  writing  appoint 
a  like  agent  with  like  stipulations,  and  shall  cause  such 
writing  to  be  filed  as  hereinbefore  provided. 

Section  3.  If  an  agent  appointed  under  the  provi- 
sions of  the  two  preceding  sections  dies  or  removes  from 
the  Commonwealth  before  the  final  settlement  of  the  ac- 
counts of  his  principal  another  like  appointment  shall  be 
made  and  filed  as  therein  provided. 

Section  4.  The  provisions  of  sections  eleven,  twelve 
and  thirteen  of  chapter  one  hundred  and  thirty-two  of  the 
Public  Statutes  shall  apply  to  the  guardians,  trustees  and 
agents  mentioned  in  the  three  preceding  sections  of  this 
act.  Approved  June  7,  1889. 


1889.  —  Chapter  463.  1209 


An  Act  to  authorize  the  purchase  or  taking  of  additional  (JJianAQS 

LAND   FOR  the   REFORMATORY  PRISON   FOR   WOMEN. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  commissioners  of  prisons  are  hereby  commisaionera 
authorized  in  behalf  of  the  Commonwealth  to  purchase  or  take  or  purchase 
otherwise  take  in  fee,  for  the  purpose  of  protecting  the  for  Ihe'reforma- 
interests  of  the  reformatory  prison  for  women,  a  lot  of  ^°ll^l^\^°'^  ^°^ 
land  now  or  recently  owned  by  Wellington  H.  Pratt,  said 
land  being  generally  bounded  and  described  as  follows  :  — 
Beginning  at  the  point  of  intersection  of  the  lines  of  the 
land  of  said  Pratt,  of  the  land  of  the  William  Leland 
heirs  and  of  the  land  of  said  prison,  as  shown  upon  a  plan 
made  from  the  survey  of  C.  T.  Frost,  and  running  about 
eight  hundred  and  seventeen  feet  in  a  northeasterly  direc- 
tion, upon  the  line  of  the  land  of  said  prison  to  land  of 
the  Old  Colony  Eailroad  Company,  thence  by  line  of  the 
Old  Colony  Railroad  Company's  land  in  a  northerly  direc- 
tion about  three  hundred  and  eighty-two  feet  to  line  of  land 
of  said  prison  commonly  known  as  the  Knowlton  lot ; 
thence  by  the  line  of  said  Knowlton  lot  about  six  hundred 
and  fifteen  feet  in  a  northwesterly  direction  to  a  point 
upon  the  line  of  said  Knowlton  lot ;  thence  about  four  hun- 
dred and  thirty-seven  feet  in  a  southwesterly  direction  to 
land  of  Clarissa  Foster ;  thence  by  boundary  line  between 
land  of  said  Pratt  and  the  land  of  Clarissa  Foster  and  the 
William  Leland  heirs  to  the  point  of  beginning,  or  how- 
ever otherwise  said  lot  may  be  bounded  or  described ;  the 
area  of  the  said  land  beina:  seven  hundred  three  thousand, 
three  hundred  and  seventy-seven  and  two-thirds  square 
feet  as  shown  upon  said  plan.  Said  commissioners  shall  J^e^Jwcoiony 
at  the  time  of  acquirino;  said  land,  as  provided    in  this  laiiroadthe 

Ai  1/^1  -r>    •!  1    light  to  mam- 

section,  grant  or   reserve   to   the    Old    Colony   Kailroad  taiuatrack 
Company  the  right  to  build  and  maintain  a  track  over  the  "^^"^    '^*'*™  ' 
same  for  the  purpose  of  transporting  freight  between  the 
main  track  of  said  company's  railroad  and  land  lying  adja- 
cent to  the  lot  of  land  hereinbefore  described. 

Section  2.     The  commissioners  of  prisons  shall  within  Toflieinthe 
sixty  days  from  the  time  said  land  is  taken  file  in  the  dee'dVJ descrip. 
registry  of  deeds  for  the  county  of  Middlesex  a  descrip-  ^Xenf  '""'^ 
tion  of  said  land  as  certain  as  is  required  in  an  ordinary 
conveyance  of  land,  with  a  statement  that  the   same  is 
taken  by  authority  of  this  act,  and  the  title  to  said  land 
shall  then  vest  in  the  Commonwealth. 


1210 


1889.  —  Chapter  464. 


Person  ag- 
grieved may 
have  a  jury. 


Attendance  of 
children  in 
the  schools. 
P.  S.  47,  §  1. 


dimagts'by  Section  3.     The  commissioners  of  prisons  shall  have 

agreement  or      fyxW    Dowei'   to    Settle    bv    ao;reement    or   arbitration   the 

arbitration.  ^  ^         r> 

amount  to  be  paid  to  any  person  by  reason  or  the  takmg 
of  said  land  ;  and  in  case  a  price  shall  not  be  fixed,  in  the 
manner  aforesaid,  said  commissioners  shall  within  three 
months  from  the  date  of  taking  proceed  to  appraise  the 
value  of  said  property  and  the  value  of  every  interest 
therein  as  far  as  can  be  ascertained,  and  shall  file  a  state- 
ment of  their  findings  with  the  treasurer  of  the  Common- 
wealth.  Any  person  aggrieved  l)y  the  findings  of  said 
commissioners  may  upon  application  within  one  year  of 
the  taking  aforesaid  have  a  jury  in  the  manner  provided 
by  law  in  cases  of  the  taking  of  land  for  .highways. 

Section  4.     This  act  shall  take  ettect  upon  its  passage. 

Approved  June  7,  1889. 

(JJiap.4Jd4:  ^'^    ^^'^     CONCERNING     THE     ATTENDANCE     OF     CHILDREN     IN     THE 

SCHOOLS. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.  Section  one  of  chapter  forty-seven  of  the 
Public  Statutes  is  hereby  amended  by  striking  out  in  the 
eighth,  ninth  and  tenth  lines  the  words  "  if  the  person  so 
neglecting  was  not  able,  by  reason  of  poverty,  to  send 
such  child  to  school  or ",  and  by  striking  out  in  lines 
twelve,  thirteen,  fourteen  and  fifteen  the  words  "or  is 
regularly  attending  a  public  or  private  day  school  known 
as  a  half-time  school,  also  approved  by  them,  or  if  such 
child  has  been  otherwise  furnished  for  a  like  period  of 
time  with  the  means  of  education",  and  inserting  in  place 
thereof  the  words  :  —  or  if  such  child  has  been  otherwise 
instructed  for  a  like  period  of  time  in  the  branches  of 
learning  required  by  law  to  be  taught  in  the  public 
schools, — und  in  line  fifteen  after  the  word  "learning" 
by  inserting  the  words  :  — required  by  law  to  be,  —  so  as 
to  read  as  follows:  —  Section  1.  Every  person  having 
under  his  control  a  child  between  the  ages  of  eight  and 
fourteen  years  shall  annually  cause  such  child  to  attend 
for  at  least  twenty  weeks  some  public  day  school  in  the 
city  or  town  in  which  he  resides,  which  time  shall  be 
divided  so  far  as  the  arrangement  of  school  terms  will 
allow  into  two  terms  each  of  ten  consecutive  weeks  ;  and 
for  every  neglect  of  such  duty  the  person  ofiending  shall 
forfeit  to  the  use  of  the  public  schools  of  such  city  or  town 
Penalty,  a  sum  uot  exceeding  twenty  dollars  ;  but  if  such  child  has 


Children 
between  the 
ages  of  eight 
and  fourteen  to 
annually  attend 
a  public  day 
school  for  at 
least  twenty 
weeks. 


1889.  —  Chapter  465.  1211 

attended  for  a  like  period  of  time  a  private  day  school  ^rtv.^g^la'^  * 
approved  bv  the  school  committee  of  such  city  or  town  or  school  approved 

\)\'  the  sctiool 

if  such  child  has  been  otlierwise  instructed  for  a  like  period  committee. 
of  time  in  the  branches  of  learning  required  by  law  to  be 
taught  in  the  public  schools,  or  has  already  acquired  the 
branches  of  learning  required  by  law  to  be  taught  in  the 
public  schools,  or  if  his  physical  or  mental  condition  is 
such  as  to  render  such  attendance  inexpedient  or  imprac- 
ticable, such  penalty  shall  not  be  incurred. 

Section  2.  Section  two  of  chapter  forty-seven  of  the 
Public  Statutes  is  hereby  amended  by  striking  out  the 
word  "therein"  in  the  second  line  of  said  section,  and 
inserting  in  place  thereof  the  words  :  —  in  all  the  studies 
required  by  law,  —  so  as  to  read  as  follows  :  —  Section  2. 
For  the  purposes  of  the  preceding  section  school  commit-  ^'^''oJI  ^J'^^'^be 
tees  shall  approve  a  private  school  only  when  the  teaching  approved. 
in  all  the  studies  required  l)y  law  is  in  the  English  lan- 
guage, and  when  they  are  satisfied  that  such  teaching 
equals  in  thoroughness  and  efficiency  the  teaching  in  the 
public  schools  in  the  same  locality,  and  that  equal  prog- 
ress is  made  by  the  pupils  therein,  in  the  studies  required 
by  law,  with  that  made  during  the  same  time  in  the  public 
schools  ;  but  they  shall  not  refuse  to  approve  a  private 
school  on  account  of  the  religious  teaching  therein. 

Ai>proved  June  7,  1889. 


An  Act  in  relation  to  the  exemption  of  the  property  of 

CERTAIN  associations   FROM   TAXATION. 


Be  it  enacted^  etc.,  as  follows  : 

Section  1 .     The  third  division  of  section  five  of  chap-  Exemption  of 
ter  eleven  of  the  Public  Statutes,  as  amended  by  chapter  certairLso- 
two  hundred  and  thirty-one  of  the  acts  of  the  year  eight-  tiixat°ion.^'^°'^ 
een  hundred  and  eighty-six  and  chapter  one  hundred  and  fgj-03i^^' 
fifty-eight  of  the  acts  of  the  year  eighteen  hundred  and  isss',  iss. 
eighty-eight,   is   hereby   further  amended  so  as  to  read 
as  follows:  —  Third,  The  personal  property  of  literary, 
benevolent,  charitable  and  scientific  institutions  and  tem- 
perance societies  incorporated  within  this  Commonwealth, 
and  the  real  estate  belonging  to  such  institutions  occupied 
by  them  or  their  officers  for  the  purposes  for  which  they 
were  incorporated ;  l)ut  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  ;  Init  none  of  the  real  or  personal 


1212 


1889.  — Chapter  4:66. 


Exemption 
from  taxation. 


Chaj) 


Amendment  to 
P.  8.  144,  §  13. 


Amendment  to 
P.  8.  144,  §  14. 


estate  of  such  corporations  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  literary,  educational,  benevolent,  chari- 
table, scientific  or  religious  purposes.  The  personal 
property  and  real  estate  belonging  to  grand  army  and 
veteran  associations  incorporated  within  this  Common- 
wealth for  the  purpose  of  owning  property  for  the  use 
and  occupation  by  posts  of  the  grand  army  of  the  repub- 
lic shall,  to  the  extent  of  twenty  thousand  dollars,  if  the 
same  shall  be  in  actual  use  and  occupation  by  such  asso- 
ciations, be  deemed  to  be  the  property  of  charitaljle  in- 
stitutions, and  exempt  from  taxation,  provided  the  net 
income  from  said  property  is  used  for  charitable  purposes 
in  aid  of  needy  soldiers  of  the  war  of  the  rebellion,  and 
their  dependents. 

Section  2.     This  act  shall  take  efl:ect  upon  its  passage. 

Ajjproved  June  7,  1889. 

,466   -^^   -^CT  RELATING  TO   THE   ACCOUNTS   AND    SETTLEMENTS   OF  EXEC- 
UTORS, ADMINISTRATORS,   GUARDIANS   AND   TRUSTEES. 

Be  it  enacted.,  etc.,  as  follows : 

Section  1.  Section  thirteen  of  chapter  one  hundred 
and  forty-four  of  the  Public  Statutes  is  hereby  amended 
by  striking  out  the  word  "a"  in  the  second  line  of  said 
section  and  inserting  in  place  thereof  the  words  :  —  an 
executor,  administrator,  —  so  as  to  read  as  follows:  — 
Section  13.  Where,  upon  the  filing  of  or  hearing  on  an 
account  of  an  executor,  administrator,  trustee  or  guardian 
in  a  probate  court,  it  appears  to  the  court  that  the  interest 
of  a  person  unborn,  unascertained,  or  legally  incompetent 
to  act  in  his  own  behalf,  is  not  represented  otherwise  than 
by  the  accountant,  the  court  may,  and,  upon  the  request 
of  any  person  interested,  shall  appoint  some  competent 
and  disinterested  person  to  act  as  guardian  ad  litem  or 
next  friend  for  such  person,  and  to  represent  his  interest 
in  the  case.  The  person  so  appointed  shall  make  oath  to 
perform  his  duty  faithfully  and  impartially,  and  shall  be 
entitled  to  such  reasonable  compensation  for  his  services 
as  the  court  may  allow. 

Section  2.  Section  fourteen  of  chapter  one  hundred 
and  forty-four  of  the  Public  Statutes  is  hereby  amended 
by  striking  out  the  word  "a"  in  the  second  line  of  said 


1889.  —  Chapter  467.  1213 

section  and  inserting  in  place  thereof  the  words:  —  an 
executor,  administrator,  —  so  as  to  read  as  follows  :  — 
Section  14,  The  decree  of  the  court  having  jurisdiction, 
allowing  an  account  of  an  executor,  administrator,  trustee 
or  guardian,  shall,  except  in  cases  of  fraudulent  conceal- 
ment or  fraudulent  misrepresentation  on  the  part  of  the 
accountant,  be  final  and  conclusive  against  all  persons 
interested  in  such  account  and  legally  competent  at  the 
date  of  such  decree,  and  against  all  other  persons  who  are 
or  may  become  interested  therein,  although  unborn,  unas- 
certained, or  legally  incompetent  to  act  in  their  own 
l)ehalf,  if  their  guardian  ad  litem,  or  next  friend  has,  after 
having  been  duly  qualified,  assented  to  such  account  or 
been  heard  thereon ;  but  such  decree  may  be  appealed 
from  in  the  manner  and  within  the  time  provided  by 
chapter  one  hundred  and  fifty-six. 

Ajyproved  June  7,  1889. 


ChapA67 


An  Act  in  relation  to  the  division  of  poll  tax  bills. 

Be  it  enacted,  etc.,  as  follows  ; 

Section  1.     Section  sixty-one  of  chapter  eleven  of  the  Division  of  poii 
Pul)lic  Statutes  is  hereby  amended  by  inserting  after  the  Amendment  to 
word  "  collectors"  in  the  first  line  thereof  the  followmg  ^•'=-^  ■»    • 
words  :  —  shall  contain  a  certificate  signed  by  the  assess- 
ors, which  shall  state  what  portion  of  the  amount  assessed 
upon   each  poll   is  assessed  as  state  tax  and  county  tax 
respectively,  and,  —  so  that  the  first  part  of  said  section 
shall  read  as  follows  :  —  The  tax  list  committed  to  the  col- 
lectors shall  contain  a  certificate  signed  by  the  assessors, 
which   shall   state  what  portion  of  the   amount    assessed 
upon   each  poll  is  assessed   as   state  tax   and  count}"  tax 
respectively,  and  shall  be,  in  substance,  as  follows  :  — 

Section  2.  Section  ninety -three  of  said  chapter  eleven  Amendment  to 
is  herel)y  amended  by  adding  at  the  end  thereof  the  fol-  •  •  >»  • 
lowing  words  :  — provided,  that  the  tax  bills  of  male  per- 
sons who  are  assessed  for  poll  taxes  only  shall  state  the 
apportionment  of  such  taxes  between  state  and  county 
assessments,  and  such  persons  shall  not  be  entitled  to 
have  the  certificate  provided  for  by  this  section,  but  the 
collector  shall  receipt  on  said  bills  for  such  taxes,  sepa- 
rately, or  together  as  the  payment  may  be,  and  shall 
thereupon  deliver  such  bills. 

Section  3.     Section  one  of  chapter  two  hundred  and  ^^g^^gas'Ti '° 
twenty-five  of  the  acts  of  the  year  one  thousand  eight 


1214  1889.  —  Chapters  468,  469. 

hundred  and  eighty  is  hereby  amended  by  adding  at  the 
end  thereof  the  following  words  :  —  except  as  provided  by 
an  act  entitled  "  An  Act  in  relation  to  the  division  of  poll 
tax  bills,"  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine. 

,      Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  7,  1889. 

Chap.4i6S  An  Act  in  relation  to  petitions  for  partition. 

Be  it  enacted,  etc.,  as  follows : 

parS/"""  Section  1.     No  petition  for  partition  shall  be  defeated 

by  reason  of  the  payment  by  any  party  thereto  of  any 
mortgage,  lien,  tax  or  other  incumbrance  on  the  premises 
when  the  other  parties  thereto    are    entitled    to    redeem 
judgm°ent'.°'^      from  such  payment.     But  in  such  case  the  interlocutory 
judgment  for  partition  shall  contain  such  terms  and  con- 
ditions in  relation  to  redemption  from  a  contribution  on 
account  of  such  payment  as  may  be  in  accordance  with 
the  rules  of  equity. 
nouoC'liue°ed       Section  2.     Final  judgment  for  partition  shall  not  be 
condiuonTa^re*^    entered  in  any  petition  for  partition  until  it  is  shown  to 
complied  with,    the    satisfaction    of  the   court    in  which    the    petition    is 
pending  that  the  terms  and  conditions  of  the  interlocutory 
judgment  have  been  complied  with. 

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

Approved  June  7,  1889. 

ChctpAQ^    An  Act  relating  to  costs  in  cases  of  juvenile  offenders. 

Be  it  enacted,  etc.,  as  follows : 

of'juveniie^^^         lu  cascs  agalust  juvenile  offenders   no  costs   shall   be 
offenders.  taxcd  for  the  services  as  witnesses   or  otherwise  of  any 

officer  of  a  city  or  town  having  a  salary  or  fixed  compen- 
sation, or  for  the  use  of  a  team  of  a  city  or  town  or  for 
any  other  service  or  charge  whatever  that  may  be  paid  to 
any  city  or  town  :  j^^'ovided,  that  when  such  officer  attends 
as  a  witness  at  a  place  other  than  his  place  of  residence 
the  court  or  trial  justice  may  allow  his  increased  neces- 
sary expenses  not  exceeding  the  witness  fee  before  such 
court  or  trial  justice,  and  such  trial  justice  or  court  may 
allow  the  reasonable  necessary  expense  of  serving  a 
mittimus.  Ajyproved  June  7,  1889. 


1889.  — Chapters  470,  471.  1215 


An  Act  for  the  relief  of  sureties  on  bonds   given   to  dis-  (7/ia79.470 

SOLVE   attachments   IN   CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     When  the  o-oocls  or  estate  of  any  person  Relief  of  sure- 

,  ,  Ti       1       1  "     '■  .       ties  on  bonds 

or  corporation  have  been   attached   on   mesne   process  in  given  to  dissolve 
a  civil  action  and  such  attachment  has  been  dissolved  by  mesne™ roces^s" 
the  giving  of  a  bond,  in  pursuance  of  sections  one  hun-  i"  oivii  cases. 
dred    and   twenty-two,   one    hundred    twenty-three,   one 
hundred  twenty-four  and    one  hundred  and  twenty-five, 
inclusive,  of  chapter  one  hundred  and  sixty-one  of  the  Pub- 
lic Statutes  and  acts  in  addition  thereto  and  amendments 
thereof,  and,  within  four  months  after  such  attachment  is 
made,  proceedings  in  insolvency  are  instituted  by  or  against 
such  person  or  corporation,  the  action  in  which  said  attach- 
ment was  made  shall  be  continued  upon  the  suggestion  of 
any  party  interested  to  await  the  result  of  such  insolvency 
proceedings,  and  if  such   insolvent  debtor  be  discharged 
under  said    insolvency  proceedings  such  discharge   shall 
operate  as  a  release  of  the  sureties   on  said   bond  to  dis- 
solve such  attachment  from  all  liability  thereon  -.provided,  ^'■o^i^o- 
hoiuever,  that  the   claim  on  which  the   suit  wherein   said 
attachment  was  made  is  one  which  would  have  been  dis- 
charged if  proved  in  such  insolvency  proceedings. 

Section  2.     Nothinof  herein  contained  shall  eft'ect  the  Not  to  effect 

T,.,.  ^  .  °  ,  -,     ,         T         1  j^j_i  1.  liability  of  sure- 

liability  01  sureties  on  any  bond  to  dissolve  attachment  ties  on  bond 

.  ,        .1  i?   J.1   •  i.  heretofore 

given  prior  to  the  passage  ot  this  act.  given. 

Section  3.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  7,  1889. 

An  Act  to  provide  for  a  continuation  of  the  publication  (7^a?9.471 
OF  the  decisions  of  the  supreme  judicial  court. 

Be  it  enacted,  etc.,  as  follows : 

Section    1.     The  secretary  of  the  Commonwealth  is  Publication  of 

,  ,  ,1         •        1     J  ,  •     1  j_         j_     •  -J.-  •       decisions  of  the 

hereby  authorized  to  enter  into  a  contract  in  writing  in  supreme  judi- 
behalf   of   the   Commonwealth   with  the  firm  of   Little,  contiwd *undtr 
Brown  and  Company  of  Boston  for  a  continuation  of  the  Lutre^Brown** 
publication  of  the  decisions  of  the  supreme  judicial  court,  aud  company. 
upon    the    following   terms :  —  Said    Little,    Brown     and 
Company  shall  agree  to  print  and  publish  the  reports  of 
the  decisions  of  the  supreme  judicial  court  promptly,  and 
within  the  time  now  required   by   law,  from  the  manu- 
script to   be    supplied    to    them    by  the    reporter  of  the 
decisions,  uniform  in  size,  style  and  form  with  volume 


1216 


1889.  —  Chapter  471. 


Contract  to 
continue  for 
term  of  five 
years,  etc. 


Performance  of 
contract  to  be 
secured  by 
bond. 


Duties  of 
reporter  of 
decisions. 


numbered  one  hundred  and  twenty-four  of  such  series, 
and  not  inferior  in  quality  of  work  and  material ;  to  keep 
always  on  hand  for  sale  in  Boston  a  sufficient  number  of 
the  volumes  which  they  shall  so  pul)lish,  in  order  to  sup- 
ply the  pul)lic  demand  therefor ;  to  furnish  to  the  Com- 
monwealth a  number  of  copies  of  each  volume,  equal  to 
the  number  of  cities  and  towns  in  the  Commonwealth  at 
any  time  during  the  term  of  said  contract,  and  one  hun- 
dred copies  in  addition,  at  the  price  of  one  dollar  and 
fifty  cents  per  copy,  and  to  sell  the  volumes  to  the  pub- 
lic of  this  Commonwealth  at  the  same  price  per  copy. 
The  contract  shall  continue  for  the  term  of  five  years 
from  its  date,  with  the  option  on  the  part  of  the  Common- 
wealth to  extend  the  same  for  a  further  period  of  five 
years,  by  a  written  notice  given  at  any  time  before  the 
expiration  of  said  first  period  by  the  governor  and  coun- 
cil, who  are  hereby  authorized  in  their  discretion  so  to 
extend  the  same.  If  at  any  time  in  the  opinion  of  the 
governor  and  council  the  said  Little,  Brown  and  Com- 
pany shall  fail  to  publish  the  reports  promptly,  or  other- 
wise fail  satisfactorily  to  fulfil  the  terras  of  the  contract, 
and  any  such  failure  shall  in  their  opinion  continue  for  a 
period  of  six  months  after  a  written  notification  thereof, 
given  by  them  to  said  Little,  Brown  and  Company,  then, 
at  any  time  after  the  expiration  of  said  period,  the  gov- 
ernor and  council  may  by  any  instrument  or  paper  in 
writing  terminate  the  contract  in  such  manner  and  to 
take  eflect  at  such  date  as  they  shall  deem  just  and 
proper. 

Section  2.  The  performance  of  the  contract  on  the 
part  of  said  Little,  Brown  and  Company  shall  be  secured 
by  a  bond  in  the  penal  sum  of  twenty  thousand  dollars 
with  sureties  satisfiictory  to  the  treasurer  of  the  Common- 
wealth, and  the  form  of  the  contract  and  bond  shall  be 
approved  by  the  attorney-general. 

Section  3.  During  the  term  of  the  contract  the  re- 
porter of  decisions  shall  not  be  required  or  allowed  to 
publish  the  reports  thereof,  but  shall  prepare  and  furnish 
the  same  to  said  Little,  Brown  and  Company  seasonably 
for  publication  according  to  the  contract  and  the  existing 
requirements  of  law,  and  shall  prepare  and  furnish  there- 
for suitable  head  notes,  tables  of  cases  and  indexes,  and 
shall  in  the  usual  manner  of  authors  superintend  the  pub- 
lication, correction  and  proofreading  of  such  reports,  and 


1889.  —  Chapter  472.  1217 

shall  perform  the  other  duties  of  his  office  according  to  the 
present  requirements  of  law.  The  stereotype  plates  and 
copyright  of  the  volumes  published  under  said  contract 
shall  be  the  property  of  said  Little,  Brown  and  Company. 

Section  4.     The  reporter  shall  receive  from  the  treas-  Salary  of  the 
ury    of  the    Commonwealth    a    salary    of  four   thousand  auowan'iie'for 
dollars  per  year  in  equal  monthly  instalments  and  in  the  '^^"^  ^^^^' 
same  proportion  for  any  part  of  a  year,  and  an  additional 
sum  of  one  thousand  dollars  a  year  for  clerk  hire  and  for 
the  incidental  expenses  of  his  office,  which  sums  shall  be 
in  full  compensation  for  his  services  and    for  clerk  hire 
and  for  the  incidental  expenses  of  his  office.     All  sums  of  ftc®*/" be°^'^^' 
money  received  by  the  reporter  for  the  copies  of  opin-  paw  into  the 

.  T1  1111  •!  11-  trfiasiirv. 

ions,  rescripts  and  other  papers  shall  be  paid  over  by  him 
quarterly  to  the  treasurer  of  the  Commonwealth  with  a 
detailed  statement  of  the  same. 

Section  5.     This  act  shall  take  eftect  upon  its  passage. 

Approved  June  7,  1889. 


treasury. 


An  Act  in    further  addition   to  the  several  acts  making 
appropriations  for  expenses  authorized  the  present  year 

and   for   CERTAIN  OTHER   EXPENSES   AUTHORIZED   BY   LAW. 


Cha2?A72 


Be  it  enacted,  etc.,  as  foUoivs : 

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

For  the  salary  of  the  chairman  of  the  commissioners  Chairman  of 

/.  •  1         1  .  T  J.  i  I  commissioners 

of  savings  banks,  a  sum  not  exceeding  twenty-one  hun-  of  savings 
dred  dollars,  as  authorized  by  chapter  three  hundred  and  ^''°''^" 
twenty-one  of  the  acts  of  the  present  year. 

For  the  salary  of  the  paying  teller  in  the  treasurer's  de-  Paying  teiier  in 
partment,  the  sum  of  two  hundred  dollars,  as  authorized  '^'^ '•'^''^"'■y- 
by  chapter  three  hundred  and  forty-nine  of  the  acts  of  the 
present  year,  being  in  addition    to  the    twelve    hundred 
dollars  appropriated    by  chapter  four  of  the  acts  of  the    • 
present  year. 

For  the  salary  of  the  chief  examiner  of  the  civil  service  chief  examiner 
commission,  the  sum  of  five  hundred  dollars,  as  author-  commission'^'' 
ized  by  chapter  three  hundred  and  fifty-one  of  the  acts  of 
the  present  year,  being  in  addition  to  the  twenty-five  hun- 


1218 


1889.  —  Chapter  472. 


Secretary  of 
state  board  of 
health. 


State  militarj- 
and  naval 
historian. 


Report  of  com- 
miBsioner  of 
public  records, 
etc. 


Documents  sent 
to  members  of 
the  general 
court. 


Expenses  of 
commissioiierB 
of  savings 
banks. 


Department  of 
in-door  poor. 


Transportation 
of  state  paupers. 


Support  of  sick 
state  paupers. 


Clerical  assist- 
ance for 
insurance  com- 
missioner. 


dred  dollars  appropriated  by  chapter  four  of  the  acts  of 
the  present  year. 

For  the  salary  of  the  secretary  of  the  state  board  of 
health,  the  sum  of  five  hundred  dollars,  as  authorized 
by  chapter  three  hundred  and  seventy  of  the  acts  of  the 
present  year,  being  in  addition  to  the  twenty-five  hun- 
dred dollars  appropriated  by  chapter  four  of  the  acts  of 
the  present  year. 

For  the  salary  and  expenses  of  the  state  military  and 
naval  historian,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars,  as  authorized  by  chapter  three  hundred  and 
seventy-four  of  the  acts  of  the  present  3'ear. 

For  printing  extra  copies  of  the  report  of  the  com- 
missioner of  public  records  of  parishes,  towns  and  coun- 
ties, the  sum  of  fifty  dollars  and  thirty-one  cents,  being 
in  addition  to  the  twenty-three  hundred  dollars  appropri- 
ated by  chapter  three  hundred  and  forty-three  of  the  acts 
of  the  present  year. 

For  the  payment  of  postage  and  expressage  on  docu- 
ments sent  to  members  of  the  general  court,  a  sum  not 
exceeding  five  hundred  dollars,  being  in  addition  to  the 
one  thousand  dollars  appropriated  by  chapter  seventy-six 
of  the  acts  of  the  present  year. 

For  travelling  and  incidental  expenses  of  the  com- 
missioners of  savings  banks,  a  sum  not  exceeding  five 
hundred  dollars,  made  necessary  by  the  addition  of  a 
third  commissioner,  said  sum  to  be  in  addition  to  the  two 
thousand  dollars  appropriated  by  chapter  thirty-three  of 
the  acts  of  the  present  year. 

For  salaries  and  expenses  in  the  department  of  in-door 
poor,  a  sum  not  exceeding  two  thousand  dollars,  being  in 
addition  to  the  thirty-one  thousand  dollars  appropriated 
by  chapter  twenty-three  of  the  acts  of  the  present  year. 

For  transportation  of  state  paupers,  a  sum  not  exceed- 
ing one  thousand  dollars,  being  in  addition  to  the  fifteen 
thousand  dollars  appropriated  by  chapter  twenty-three 
of  the  acts  of  the  present  year. 

For  the  support  of  sick  state  paupers  by  cities  and 
towns  for  the  present  and  previous  years,  a  sum  not 
exceeding  four  thousand  dollars,  being  in  addition  to  the 
forty-two  thousand  five  hundred  dollars  appropriated  by 
chapter  twenty-three  of  the  acts  of  the  present  year. 

For  additional  clerical  assistance  in  the  department  of  j 
the  insurance  commissioner,  a  sum   not  exceeding  eight 


1889.  —  Chapter  472.  1219 

hundred  dollars,  being  in  addition  to  the  nine  thousand 
eight  hundred  and  twenty  dollars  appropriated  by  chapter 
four  of  the  acts  of  the  present  year. 

For  the  purchase  of  paper  for  the  Commonwealth,  used  ftat^dntin^ 
in  the  execution  of  the  contract  for  the  state  printing,  under 
the  direction  of  the  secretary  of  the  Commonwealth,  a  sum 
not  exceeding  eight  thousand  dollars,  being  in  addition  to 
the  twenty-two  thousand  dollars  appropriated  by  chapter 
five  of  the  acts  of  the  present  year. 

For  printing  and  distributing  ballots,  as  provided  for  in  Printing  and 
chapter  four  hundred  and  thirty-six  of  the  acts  of  the  year  bLuots"''"^ 
eighteen   hundred  and  eighty-eight,  a  sum  not  exceeding 
five    thousand    dollars,    being   in    addition   to  the  fifteen 
thousand  dollars  appropriated  by  chapter  five  of  the  acts 
of  the  present  year. 

For  printing  the  report  of  contested  election  cases,  as  contested  eiec- 
provided  for  in  chapter  thirty-six  of  the  resolves  of  the  ^^°"''"*®^- 
year  eighteen  hundred  and  eighty-six,  a  sum  not  exceed- 
ing one  hundred  dollars. 

For  salaries  and  expenses  of  the  state  board  of  educa-  state  board  of 
tion,  a  sum  not  exceeding  one  thousand  dollars,  being  in  ^  "*=^'°°- 
addition  to  the  thirteen  thousand  seven  hundred  and  fifty 
dollars  appropriated  by  chapter  nine  of  the   acts  of  the 
present  year. 

For   the    refunding   of    savings    banks   taxes    illegally  Refunding  sav. 
exacted  by  the  Commonwealth,  a  sum  not  exceeding  six  tafes.^° 
hundred   dollars,   made  necessary  b}^  a  decision   of  the 
supreme  judicial  court. 

For  expenses   in  civil   cases  in    the   attorney-general's  Expenses  in 
department,  a  sum  not  exceeding  seven  hundred  dollars,  attorney-gen- 
lieing  in  addition  to  the  three  hundred  dollars  appropriated  mem/''^^"' 
by  chapter  thirty-three  of  the  acts  of  the  present  year. 

For  furnishing  ballot-boxes  to  cities  and  towns,  as  pro-  Baiiot-boxes. 
vided   for   in   section    ten   of  chapter   two    hundred    and 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  a  sum  not  exceeding  twenty  thousand   dol- 
lars. 

For  the  temporary  support  of  state  paupers  by  cities  Temporary 

1    .  _£•         .  1  ,  1  •  ,    support  of  state 

and  towns  tor  the  present  and  previous  years,  a  sum  not  paupers. 
exceeding  two  thousand  dollars,  being  in  addition  to  the 
fourteen  thousand  dollars  appropriated  by  chapter  twenty- 
three  of  the  acts  of  the  present  year. 

For  the  salary  of  the  attorney-general,  a  sum  not  ex-  Attorney. 
ceeding  one  thousand  dollars,  as  authorized  by  chapter  general. 


1220 


1889.  —  Chapter  472. 


Assistant  attor- 
ney-general. 


Second  assistant 
attorney-gen- 
eral. 


Salaries  and 
wages  at 
Massachusetts 
reformatory. 


Map  of  Massa- 
chusetts. 


State  industrial 
school  for  girls. 


Repairs  at 

Massachusetts 

reformatory. 


State  primary 
school. 


Sarah  J. 
Robinson. 


Report  on 
water  supply 
and  sewerage. 


four  hundred  and  two  of  the  acts  of  the  present  year, 
being  in  addition  to  the  four  thousand  dollars  appropri- 
ated by  chapter  four  of  the  acts  of  the  present  year. 

For  the  salary  of  the  assistant  attorney-general,  a  sum 
not  exceeding  five  hundred  dollars,  as  authorized  by  chap- 
ter four  hundred  and  two  of  the  acts  of  the  present  year, 
being  in  addition  to  the  tw^o  thousand  dollars  appropriated 
by  chapter  four  of  the  acts  of  the  present  year. 

For  the  salary  of  the  second  assistant  attorney-general, 
a  sum  not  exceeding  five  hundred  dollars,  as  authorized 
by  chapter  four  hundred  and  two  of  the  acts  of  the 
present  year,  being  in  addition  to  the  one  thousand  dol- 
lars appropriated  by  chapter  four  of  the  acts  of  the  present 
year. 

For  the  payment  of  salaries  and  wages  at  the  Massa- 
chusetts reformatory  at  Concord,  a  sum  not  exceeding 
twenty-five  hundred  dollars,  as  authorized  by  chapter 
four  hundred  and  eight  of  the  acts  of  the  present  year, 
being  in  addition  to  the  sixty-five  thousand  five  hundred 
dollars  appropriated  by  chapter  twenty-four  of  the  acts  of 
the  present  year. 

For  printing  the  topographical  map  of  Massachusetts,  a 
sum  not  exceeding  five  hundred  dollars,  as  authorized  by 
chapter  seventy-two  of  the  resolves  of  the  present  year. 

For  providing  for  rebuilding  the  barn  at  the  state 
industrial  school  for  girls,  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  as  authorized  by  chapter  seventy-four 
of  the  resolves  of  the  present  year. 

For  new  boilers,  and  for  certain  other  repairs  at  the 
Massachusetts  reformatory,  a  sum  not  exceeding  six  thou- 
sand seven  hundred  dollars,  as  authorized  by  chapter 
seventy-six  of  the  resolves  of  the  present  year. 

For  certain  repairs  at  the  state  primary  school  at  Mon- 
son,  a  sum  not  exceeding  four  thousand  dollars,  as  author- 
ized by  chapter  seventy-eight  of  the  resolves  of  the 
present  year. 

For  the  support  of  Sarah  J.  Robinson,  a  prisoner  in 
jail  at  Lowell  in  the  county  of  Middlesex,  a  sum  not 
exceeding  four  hundred  dollars,  as  authorized  by  chapter 
seventy-nine  of  the  resolves  of  the  present  year. 

For  printing  three  thousand  extra  copies  of  the  report 
of  the  stat^  board  of  health  on  water  supply  and  sewerage, 
a  sum  not  exceeding  three  thousand  dollars,  as  authorized 
by  chapter  eighty  of  the  resolves  of  the  present  year. 


1889.  — Chapter  472.  1221 

For  certain  repairs  at  the  Westborough  insane  hospital,  i^J«aneho°Bp!ui 
a  sum  not  exceeding  fifteen  hundred  dollars,  as  author-  repairs. 
ized  by  chapter  eighty-one  of  the  resolves  of  the  present 
year.  . 

For  certain  repairs  and  improvements  at  the  state  farm  state  farm  at 
at  Bridgewater,  a  sum  not  exceeding  seventeen  thousand    '^''2^^'*'®''- 
five  hundred  dollars,  as  authorized  by  chapter  eighty-two 
of  the  resolves  of  the  present  year. 

For  the  soldiers'  messenger  corps,  a  sum  not  exceeding  soidiers' mes- 
eight  hundred  dollars,  as  authorized  l)y  chapter  eighty-  ^^"s®*"  °°''p«- 
four  of  the  resolves  of  the  present  year. 

For  the  payment  of  current  expenses  at  the  Westbor-  Westborough 
ough  insane  hospital  for  the  year  eighteen  hundred  and  cuTrent  ex?"" ' 
eighty-nine,  a  sum  not  exceeding  ten  thousand  dollars,  as  p*^"**^*- 
authorized  by  chapter  eighty-five  of  the  resolves  of  the 
present  year. 

For  additional  furniture  in   the   bureau   of  statistics  of  .?"''^''i"°^^"'"^- 

tics  of  labor. 

labor,  a  sum  not  exceedmg  five  hundred  dollars,  as  author- 
ized by  chapter  eighty-six  of  the  resolves  of  the  present 
year. 

For  additional  hospital  accommodations  for  men  at  the  state  aims- 
state    almshouse    at   Tewksbury,    a    sum    not    exceeding 
thirty-five    thousand    dollars,    as    authorized   by    chapter 
eighty-seven  of  the  resolves  of  the  present  year. 

For  a  water  supply  at  the  state  camp  ground  at  Fram-  water  supply 
ingham,  a  sum  not  exceeding  sixty-five  hundred  dollars,  grouud.*^"'"^' 
as  authorized  by  chapter  eighty-eight  of  the  resolves  of 
the  present  year. 

For  Theodore  E.   Davis   of   Washington,   D.    C,  the  Theodore e. 
sum  of  thirty-one  thousand  four  hundred  and  eighty-tw^o 
dollars  and  eighty-four  cents,  as  authorized  by  chapter 
eighty-nine  of  the  resolves  of  the  present  year. 

For  repairs  on  the  boarding-house  at  the  state  normal  ft°Bridg^e'^wau'r 
school  at  Bridgewater,  a   sum   not  exceeding  thirty-five  boarding-house.' 
hundred  dollars,  as  authorized  by  chapter  ninety  of  the 
resolves  of  the  present  year. 

For  remodelling  and  enlarging  the  state  normal  school  ^°BTki'gl1va°eV, 
at  Bridgewater  and  for  the  erection  of  a  new  building,  a  "^w  buiuiing. 
sum  not  exceeding  seventy-five  thousand  dollars,  as  au- 
thorized by  chapter   ninety-two    of  the  resolves  of  the 
present  year. 

For  incidental  and  continsjent  expenses  in  the  depart- ;^"ditor  of  the 

.,      ,  />i/^  Commonwealth. 

ment  ot  the  auditor  oi  the  Commonwealth,  a  sum  not 
exceeding  five  hundred  dollars,  being  in  addition  to  the 


1222 


1889.  — Chapter  472. 


Doorkeepers, 
messengers  and 
pajjes. 


Normal  school 
at  Westfield, 
new  school 
building. 


Taunton  lunatic 
hospital,  real 
estate. 


Florence  W 
Adams. 


State  prison, 
salaries  and 
wages. 


Hospital  for 
dipsomaniacs 
and  inebriates. 


Commissioner 
to  supervise 
foreign  corpora, 
tions. 


Repairs  on 
state  house. 


fifteen  hundred  dollars  appropriated  by  chapter  thirty- 
three  of  the  acts  of  the  present  year. 

For  compensation  of  assistant  doorkeepers,  messengers 
and  pages  to  the  senate  and  house  of  representatives,  a 
sum  not  exceeding  one  thousand  dollars,  being  in  addi- 
tion to  the  twenty-three  thousand  one  hundred  dollars 
appropriated  by  chapter  three  of  the  acts  of  the  present 
year. 

For  the  purchase  of  a  site  for  a  new  school  building  or  for 
the  enlargement  of  the  present  site  and  for  the  erection  of 
a  new  school  building  for  the  state  normal  school  at  West- 
field,  a  sum  not  exceeding  seventy-five  thousand  doHars, 
as  authorized  by  chapter  ninety-three  of  the  resolves  of 
the  present  year. 

For  the  purchase  of  additional  real  estate  by  the 
trustees  of  the  Taunton  lunatic  hospital,  a  sum  not 
exceeding  eighteen  hundred  dollars,  as  authorized  by 
chapter  ninety-four  of  the  resolves  of  the  present  year. 

For  Florence  W.  Adams,  the  sum  of  four  hundred 
and  fifty  dollars,  as  authorized  by  chapter  ninety-five  of 
the  resolves  of  the  present  year. 

For  the  payment  of  salaries  and  wages  at  the  state  prison 
at  Boston,  a  sum  not  exceeding  three  thousand  dollars, 
as  authorized  by  chapter  four  hundred  and  twelve  of  the 
acts  of  the  present  year,  being  in  addition  to  the  fifty- 
seven  thousand  two  hundred  dollars  appropriated  by 
chapter  twenty-four  of  the  acts  of  the  present  year. 

For  the  purchase  of  real  estate  and  for  the  erection  of 
suitable  buildings  for  a  hospital  for  dipsomaniacs  and 
inebriates,  a  sum  not  exceeding  one  hundred  and  fifty 
thousand  dollars,  as  authorized  by  chapter  four  hundred 
and  fourteen  of  the  acts  of  the  present  year. 

For  the  compensation  of  the  commissioner  to  supervise 
foreign  corporations  engaged  in  the  business  of  selling  or 
negotiating  bonds,  mortgages,  notes  or  other  choses  in 
action,  a  sum  not  exceeding  seventeen  hundred  and  fifty 
dollars,  and  for  incidental  and  travelling  expenses  of  said 
commissioner,  to  include  rent  of  office  and  furnishing  the 
same,  a  sum  not  exceeding  fifteen  hundred  dollars,  as 
authorized  by  chapter  four  hundred  and  twenty-seven  of 
the  acts  of  the  present  year. 

For  extra  repairs  on  the  state  house,  a  sum  not  exceed- 
ing fifteen  hundred  dollars,  as  authorized  by  chapter  one 
hundred  of  the  resolves  of  the  present  year. 


1889.  —  Chapter  472.  1223 

For  the  establishment  of  an  industrial  school,  for  pre-  Massachusetts 
paring  a  dining-room  for  prisoners  in  the  first  grade  and  "^^  °'™'»'o'"y- 
for  the  purcliase  of  furniture"  for  the  same  at  the  Massa- 
chusetts reformatory,  a  sum  not  exceeding  seven  thousand 
dollars,  as  authorized  by  chapter  one  hundred  and  one  of 
the  resolves  of  the  present  year. 

For  certain  expenses  of  the  state  board  of  lunacy  and  fu',1acy  and*  °* 
charity,   a  sum    not  exceeding  two  thousand  dollars,  as  chanty. 
authorized  by  chapter  one  hundred  and  two  of  the  resolves 
of  the  present  year. 

For  tlfe  payment  of  counsel  by  the  commissioners  of  0°^?^^^°^" 
state  aid  in  the   revision   and  consolidation  of  the   state 
and  military  aid  laws,  a    sum  not  exceeding  two  hundred 
dolhirs. 

For  the  further  collection  and  preservation  of  the  public  Preservation  of 
records  of  the  parishes,  towns  and  counties  of  the  Com- 
monwealth, a  sum  not  exceeding  four  thousand  dollars, 
as  authorized  by  chapter  one  hundred  and  three  of  the 
resolves  of  the  present  year. 

For  the  publication  of  the  early  acts  and  resolves  of  the  Publication  of 
general    court,   a    sum    not   exceeding  thirteen  thousand  resVives.*^° 
three  hundred  dollars,  as  authorized  by  chapter  one  hun- 
dred and  four  of  the  resolves  of  the  present  year. 

For  compensation  of  senators,  a  sum  not  exceeding  one  Senators,  com- 
hundred  and  fifty  dollars,  being  in  addition  to  the  thirty  p"^"*"'""- 
thousand  seven  hundred  and  fifty  dollars  appropriated  by 
chapter  three  of  the  acts  of  the  present  year. 

For  printing  additional  copies  of  the  blue  book  edition  Blue  book 
of  the  acts  and  resolves  of  the  present  year,  as  authorized  and  resolves. 
by  chapter  four  hundred    and    forty  of  the  acts    of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars. 

For  building  a  house  for  the  dead  at  the  Westborough  S^C;,!^!,, 
insane  hospital,  a  sum  not  exceeding  one  thousand  dollars,  Jj^"^®  ^°'' ''^^ 
as  authorized  by  chapter  one  hundred  and  seven  of  the 
resolves  of  the  present  year. 

For  expenses  for  the  erection  of  monuments  in  con-  Monuments  at 
nection    with    the    establishment    of   the    boundary    lines  betweenMassa- 
between  Massachusetts  and  New  Hampshire,  a  sum  not  New''uarap'! 
exceeding  three  thousand  dollars,  as  authorized  by  chap-  «'^"''^- 
ter  one  hundred  and  eight  of  the  resolves  of  the  present 
year. 

For  George  Eldridge,  the  sum   of  seven  hundred  and  Hd^f  ^''^' 
fifty  dollars,  as  authorized  by  a  resolve  of  the  present 
year. 


1224 


1889.  — Chaptee  473. 


Normal  school 
at  Framinshani, 


Heporter  of 
decisions  of 
supreme  judi- 
cial court. 


Reformatory 
prison  for 
women,  addi- 
tional land. 


Provincial  laws.  Yqy  the  publication  of  the  provincial  laws,  a  sum  not 
exceeding  eleven  thousand  one  hundred  and  forty-five 
dollars,  as  authorized  by  a  resolve  of  the  present  year. 

For  the  state  normal  school  at  Framingham,  a  sum  not 
exceeding  twenty-eight  thousand  two  hundred  and  fifty- 
eight  dollars,  as  authorized  by  a  resolve  of  the  present 
year. 

For  the  salary  of  the  reporter  of  decisions  of  the 
supreme  judicial  court,  a  sum  not  exceeding  thirty-seven 
hundred  dollars,  being  in  addition  to  the  three  hundred 
dollars  appropriated  by  chapter  seven  of  the  acts  of  the 
present  year,  and  for  clerk  hire  and  incidental  expenses 
of  said  reporter,  a  sum  not  exceeding  one  thousand  dol- 
lars, as  authorized  by  an  act  of  the  present  year. 

For  such  expenses  as  may  be  incurred  in  the  purchase 
or  taking  of  additional  land  for  the  reformatory  prison 
for  women,  a  sum  not  exceeding  five  thousand  dollars,  as 
authorized  by  an  act  of  the  present  year. 

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

Approved  June  7,  1889. 

ChctpAlS  An  Act  to  give  honorably  discharged  soldiers  and  sailors 

PREFERENCE   IN   APPOINTMENTS  TO   OFFICE    UNDER   CIVIL   SERVICE 
RULES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  all  cases  of  certification  for  appoint- 
ment of  examined  persons  under  the  civil  service  rules 
in  accordance  with  the  provisions  of  chapter  three  hun- 
dred and  twenty  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four,  persons  certified  who  have  served  in  the 
army  or  navy  of  the  United  States  in  time  of  war  and 
been  honorably  discharged  therefrom  shall  be  appointed 
in  preference  to  other  persons  certified  who  have  not  a 
higher  standing  on  the  eligible  list. 

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

Approved  June  7,  1889. 


Soldiers  and 
sailors  to  have 
preference  in 
appointments 
to  office  under 
civil  service 
rules. 


1889.  —  Chapter  1.  1225 


RESOLVES. 


Resolves   relative   to   the  centennial  celebration  of  the  nhnr)    1 

INAUGURATION    OF    GEORGE    WASHINGTON    AS   PRESIDENT    OF    THE 
UNITED   STATES. 

Resolved,  In  view  of  the  approaching  celebration  of  the  centonniai  ceie- 
one  hundredth  anniver.sary  of  the  inau2:uration  of  Georije  inaV^uration'* 
Washington  as  president  of  the  United  States,  which  has  wa^h°n|ronas 
been  fixed  for  April  twenty-ninth  and  thirtieth,  eighteen  {^'^tl'd states.'"' 
hundred  and  eighty-nine,  in  the  city  of  New  York,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Com- 
monwealth, a  sum  not  exceeding  thirty  thousand  dollars, 
to  be  expended  under  the  direction  of  the  governor  and 
council,  in  order  to  enable  the  Commonwealth  to  accept 
the  invitation  of  the  centennial  commission  of  New  York 
and  be  represented  at  such  celebration  by  the  following  :  — 
his  excellency  the  governor  and  staff,  the  executive  coun- 
cil, the  secretary  of  the  Commonwealth,  the  treasurer  and 
receiver-general,  the  auditor  of  accounts,  the  attorney- 
general,  the  brigade  and  battalion  commanders  of  the 
Massachusetts  volunteer  militia,  a  body-guard  of  troops 
for  the  commander-in-chief,  who  is  hereby  requested  to 
detail  suitable  organizations  of  the  volunteer  militia  to 
represent  the  Commonwealth  thereat,  the  president  of  the 
senate,  the  speaker  of  the  house,  the  joint  committee  on 
federal  relations,  a  special  committee  of  five  members 
of  the  senate  and  fifteen  members  of  the  house  to  be  ap- 
pointed by  the  presiding  officers  of  the  two  branches,  the 
clerk  of  the  senate,  the  clerk  of  the  house,  the  sergeant- 
at-arms,  and  representatives  of  the  press. 

Resolved,  That  the  governor  be  requested  to  appoint  a  commieBioner 
commissioner,  who   shall  serve  without  pay,  to  properly   °  cppoiuec. 
represent  the  state  at  this  celebration. 

Approved  January  23,  1889. 


1226 


1889.  — Chapters  2,  3,  4,  5. 


Chaj).  2 


Treasurer  may 
borrow  money 
in  anticipation 
of  revenue. 


CliaiJ.  3 


Bulletin  of 
committee  hear- 
ings. 


Chap,  4 


Crocker  hall  at 
state  normal 
school  at 
Fraraingham. 


Chaj).  5 

Charles  Wright 
and  Moses  G. 
Howe. 


Resolve    authorizing    the    tkeasukek    to   borrow  money  in 
anticipation  of  revenue. 

Resolved,  That  the  treasurer  and  receiver-general  be 
and  he  is  hereby  authorized  to  borrow,  in  anticipation  of 
the  receipts  of  the  present  year,  such  sums  of  money 
as  may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary  ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Approved  January  23,  1889. 

Resolve  authorizing  the  publication  of  a  bulletin  of  com- 
mittee HEARINGS. 

Resolved,  That  the  committee  on  rules  be  authorized  to 
publish  twice  a  week  a  bulletin  of  the  matters  assigned 
for  hearings  before  committees,  and  be  authorized  to 
employ  clerical  assistance  at  an  expense  not  to  exceed 
three  hundred  dollars  for  preparing  the  same,  and  to 
have  it  printed  by  the  state  printer.  All  bills  contracted 
under  this  resolve  shall  be  paid  on  approval  of  the 
sergeant-at-arms.  Ax)proved  February  4,  1889. 

Resolve   to   provide  for  furnishing  crocker   hall  at  the 
state  normal  school  at  framingham. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  a  sum  not  exceeding  two 
thousand  two  hundred  and  twenty-five  dollars,  to  be 
expended  under  the  direction  of  the  state  board  of  educa- 
tion, for  the  purpose  of  providing  furniture  for  Crocker 
hall  at  the  state  normal  school  at  Framingham,  and  pro- 
viding other  supplies  necessary  for  its  occupancy. 

Approved  February  4,  1889. 

Resolve  in  favor  of  charles  wright  and  moses  g.  howe. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Charles  Wright  and 
Moses  G.  Howe,  both  of  Boston,  the  sura  of  seventy- 
three  dollars,  being  due  them  from  the  estate  of  the  late 
Joseph  Martin,  said  estate  having  escheated  to  the  Com- 
monwealth. Approved  February  4,  1889. 


1889.  — Chapters  6,  7,  8,  9.  1227 


Resolve  to  confirm  the  acts  of  george  l.  wentworth  as  a  (JJid^^^  Q 

JUSTICE   OF   THE   PEACE. 

Besolved,  Thtit  all  acts  done  by  George  L.  Wentworth  ^v\°uwo^nh, 
as  a   iustice   of    the    ])eace,    between    the    ninth    day    of  justice  of  the 

-»x  1  11  -iiT  cT^  !•       peace,  acta 

November   and   the   twenty-eighth  day  ot    December  in  contirmed. 
the  year  eighteen   hundred  and  eighty-eight,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  though 
he  had  been  during  that  time  qualified  to  discharge  the 
duties  of  said  office.  Approved  February  5,  1889. 

Resolve  in  favor  of  william  s.  shurtlefp.  Chni)    7 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Aiiowunceto 
treasury  of  the  Commonwealth  to  William  S.  Shurtleff",  shmiieff. ' 
judge  of  probate  and  insolvency  for  the  county  of  Hamp- 
den, the  sum  of  eleven  hundred  and  twenty  dollars  and 
forty-seven  cents,  as  full  compensation  for  services  and 
ex})enses  in  discharging  the  duties  of  judge  of  probate 
and  insolvency  for  the  county  of  Worcester  between  the 
sixth  day  of  August  and  the  twelfth  day  of  December  in 
the  year  eighteen  hundred  and  eighty-eight. 

Approved  February  15,  1889. 

Resolve  in  favor  of  michael  o'neill.  Chav    8 

Resolved,  That  Michael  O'Neill  of  Boston,  who  enlisted  i". ^1;^°!' °fvr  •„ 

.  '.  '       ,  Michael  O'Neill. 

April  ninth  in  the  year  eighteen  hundred  and  sixty-one  as 
an  ordinary  seaman  and  served  on  board  the  Ohio,  Minne- 
sota and  monitor  Lehigh,  shall  be  eligible  to  receive  state 
aid,  under  the  provisions,  rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes,  in  the  same  manner  and  to 
the  same  extent  that  he  would  have  been  had  he  served  to 
the  credit  of  Massachusetts  in  the  late  war  of  the  rebellion. 

Approved  February  19,  1889. 

Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in  z^/,^^    q 

MASSACHUSETTS.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth  to  the  trustees  of  the  sol-  louiiers'^home 
diers'  home  in  Massachusetts,  the  sum  of  twenty  thousand  setu?^*'"^^"' 
dollars,  the  same  to  be  used  towards  the  maintenance  of  a 
home  for  deserving  soldiers  and  sailors. 

Approved  February  19,  1889. 


1228 


1889.  —  Chapters  10,  11,  12,  13. 


Chap.   10  Resolve  to  confirm  the  acts  of  george  c.  bosson  as  a  jus- 
tice OF  THE  PEACE. 

Resolved,  That  all  acts  done  by  George  C.  Bosson  as  a 
justice  of  the  peace,  between  the  eighteenth  day  of  April 
in  the  year  eighteen  hundred  and  eighty-six  and  the  fourth 
day  of  January  in  the  year  eighteen  hundred  and  eighty- 
nine,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  Ijcen  during  that  time  qualified  to 


George  C. 
Bosson,  justice 
of  the  peace, 
acts  conflrined. 


discharge  the  duties  of  said  ofiice. 


Approved  February  19,  1889. 


Chap. 

In  favor  of 
Charles  D. 
Jenkins. 


11 


Resolve  in  favor  of  chakles  d.  jenkins. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  the  sum  of  eighty-four 
dollars  and  forty-six  cents,  which  shall  be  paid  to  Charles 
D.  Jenkins,  assistant  inspector  of  gas  meters,  as  full  com- 
pensation for  all  services  performed  by  him  and  all  ex- 
penses incurred  by  him  in  the  discharge  or  the  duties  of 
that  office,  between  the  eighth  day  of  October  and  the 
thirty-first  day  of  October  in  the  year  eighteen  hundred 
and  eighty-eight.  Approved  February  27,  1889. 

Chap.   12  Resolve  in  favor  of  the  Massachusetts  agricultural  col- 


Annual  allow- 
ance, for  four 
j'cars,  to  the 
Massachusetts 
agricultural 
college. 


Resolved,  That  there  shall  be  paid  annually,  for  the 
term  of  four  years,  from  the  treasury  of  the  Common- 
wealth to  the  treasurer  of  the  Massachusetts  agricultural 
college  at  Amherst  the  sum  of  ten  thousand  dollars,  to  be 
expended  under  the  direction  of  the  trustees,  for  the  fol- 
lowing purposes,  to  wit: — five  thousand  dollars  for  the 
establishment  of  a  labor  fund  to  assist  needy  students  of 
said  college ;  and  five  thousand  dollars  to  provide  the 
theoretical  and  practical  education  required  by  its  charter 
and  the  law  of  the  United  States  relating  thereto.  The 
said  sum  shall  be  paid  in  equal  quarterly  payments. 

Approved  March  1,  1889. 

Chan     13  Resolve  providing  for  printing  an  additional    number    of 
'■  *  copies  of  the  report  op  the  railroad  commissioners. 

w'^fesoffe  ot       Resolved,  That  there  be  printed  for  the  use  of  the  board 
of  railroad         of  raih'oad  commissioners  five  hundred  copies  of  the  re- 

commissioners.  ,       n         •  •\     ^  t  ■••  ji  a  /••!  i 

port  01  said  board  containing  the  returns  ot  railroad  cor- 
porations and  five  hundred  copies  of  said  report  without 
said  returns.  Aptproved  March  1,  1889. 


1889.  —  Chapters  14,  15,  16.  1229 


Resolve  in  favok  of  William  jackson.  (Jhoj).   14 

Resolved,  That  William  Jackson  of  Boston,  who  was  wiiiiamJack- 
a  member  of  company  D,  first  regiment,  Massachusetts  recefvifstate 
volunteer  cavalry,   from  September  sixteenth  in  the  year  ""*• 
eighteen  hundred  and  sixty-one  up  to  May  fifteenth  in 
the  3'ear  eighteen  hundred  and  sixty-five,  when  he  was 
discharged,  be  eligible,  from  and  after  the  first  day  of 
February  in  the  year  eighteen  hundred  and  eighty-nine, 
k)  receive  state  aid  under  the  provisions,  rules  and  regu- 
lations of  chapter  thirty  of  the   Public   Statutes  and  of 
chapter  thirty-four  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-four,  in  the  same  manner  and  to  the  same 
extent  that  he  w'ould  have  been  entitled  had  he  been  a 
resident  of  the  Commonwealth  on  the  twenty-third  day  of 
April  in  the  year  eighteen  hundred  and  sixty-six. 

Ajyproved  March  6,  1889. 

Resolve  in  favor  of  augusta  a.  pekkins.  (JhciD.   15 

Besolved,  That  Augusta  A.  Perkins,  widow  of  John  R.  :^"f"^taA. 

-r-»i.Tr»  1  I  f  -r        •  Perkins  eligible 

Perkins,  Jr.,  formerly  a  member  of  company  I,  sixteenth  to  receive  state 
regiment,  Massachusetts  volunteers,  shall,  from  and  after 
the  first  day  of  February  in  the  year  eighteen  hundred  and 
eighty-nine,  be  eligible  to  receive  state  aid  under  the  pro- 
visions, rules  and  regulations  of  chapter  thirty  of  the  Public 
Statutes  and  chapter  thirty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four,  in  the  same  manner 
and  to  the  same  extent  that  she  would  have  been  entitled 
had  she  resided  in  the  Commonwealth  of  Massachusetts 
on  the  twenty -third  day  of  April  in  the  year  eighteen 
hundred  and  sixty-six.  Approved  March  6,  1889. 

Resolve  in  favor  of  Elizabeth  soott.  CJiciT)    16 

Resolved,  That  Elizabeth  Scott,  widow  of  James  Scott  Elizabeth scott 
who  enlisted  in  company  D,  twenty-fourth  regiment,  rec^ehe  state  aid. 
Massachusetts  volunteers  on  the  twenty-eighth  day  of 
November  in  the  year  eighteen  hundred  and  sixty-one, 
under  the  name  of  William  H.  Scott,  shall,  from  and 
after  the  first  day  of  February  in  the  year  eighteen  hun- 
dred and  eighty-nine,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes  and  chapter  thirty-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-four,  in 
the  same  manner  and  to  the  same  extent  that  she  would 


1230  1889.  — Chapters  17,  18,  19. 

have  been  entitled  had  she  resided  in  the  Commonwealth 
of  Massachusetts  on  the  twenty-third  day  of  April  in  the 
year  eighteen  hundred  and  sixty-six. 

Approved  March  6,  1889. 

Chdp.   17  Resolve  in  addition  to  a  resolve  for  the  protectio^^  of  the 

TOWN    OF    HADLEY   AGAINST    THE    FURTHER    ENCROACHMENTS   OF 
THE   CONNECTICUT   RIVER   UPON   SAID   TOWN. 

t^o\7^ZlT  Besolved,  That  there  be  allowed  and  paid  out  of  the 
Hadfe^^a^^h'ist  ^reusury  of  the  Commonwealth,  to  be  expended  under  the 
inroads  of  the     direction  of  the  board  of  harbor  and  land  commissioners, 

Connecticut  •  c   j-x  ••  pijji  itt 

river.  iH  pursuancc  oi  the  provisions  ot  chapter  three  hundred 

and  forty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five,  a  sura  not  exceeding  fifteen  thousand 
dollars,  for  the  continuance  and  completion  of  the  pro- 
tective works  authorized  by  chapter  ninety-five  of  the 
resolves  of  the  year  eighteen  hundred  and  eighty-eight, 
for  the  prevention  of  the  further  inroads  of  the  Connecti- 
cut river  upon  the  northerly  side  of  the  town  of  Hadley 
and  the  destruction  of  the  principal  streets  in  said  town. 

Approved  March  6,  1889. 

CllCip.   18  Resolve    providing  for  the    printing   of  twelve    hundred 

EXTRA   COPIES   OF  THE   REPORT   OF  THE   BOARD   OF   REGISTRATION 
IN   DENTISTRY. 

^f'Stlt'lou'''^      Resolved,  That  there  be  printed  twelve  hundred  extra 
in  dentistry.       copics  of  the  report  of  the  board  of  registration  in  den- 
tistry for  the  use  of  said  board. 

Approved  3farch  6,  1889. 

Chdp.    19  Resolve  in  favor  of  sarah  e.  whiting. 

fnT^i^ii^iTt'J,"'       Resolved,  That  Sarah  E.  Whiting,  widow  of  Charles  G. 

receive  state  aid.  Whiting  formerly  an  acting  ensign  in  the  United  States 
navy  on  board  the  United  States  ship  Montgomery,  from 
and  after  the  first  day  of  February  in  the  year  eighteen 
hundred  and  eighty-nine,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes  and  of  chapter  thirty-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-four,  in 
the  same  manner  and  to  the  same  extent  that  she  would 
have  been  entitled  had  her  husband  served  to  the  credit  j 
of  this  Commonwealth.  Approved  March  6,  1889. 


1889.  — Chapters  20,  21,  22.  1231 


Resolve  in  favor  of  eveline  e.  leach.  Chap.   20 

Resolved,  That  Eveline  E.  Leach,  widow  of  George  H.  Shtifgibie 
Leach  formerly  a  member  of  the  fifth  light  battery,  Mas-  to  receive  state 
sachusetts  volunteers,  shall,  from  and  after  the  first  day 
of  February  in  the  year  eighteen  hundred  and  eighty-nine, 
be  eligil)le  to  receive  state  aid  under  the  provisions,  rules 
and  regulations  of  chapter  thirty  of  the  Public  Statutes 
and  of  chapter  thirty-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  in  the  same  manner  and  to  the 
same  extent  that  she  would  have  baien  entitled  had  her 
late  husband  died  of  disease  contracted  in  service. 

Apiwoved  March  6,  1889. 

Resolve  in  favor  of  annie  hines.  Ohnrt    21 

Resolved,  That  Annie  Hines,  widow  of  Michael  Hines  Annioniues 
formerly  a  member  of  company  I,   second  regiment  of  revive  s°ate 
Massachusetts   volunteer  infantry,  shall,  from   and  after  ''"'• 
the  first  day  of  February  in  the  year  eighteen  hundred 
and  eighty-nine,  be  eligible  to  receive  state  aid  under  the 
])rovisions,  rules  and  regulations  of  chapter  thirty  of  the 
Public   Statutes    and    chapter   thirty-four  of  the    acts  of 
the  year  eighteen  hundred  and  eighty-four,  in  the  same 
manner  and  to  the  same  extent  that  she  would  have  been 
entitled  h^d  she  resided  in  the  Commonwealth  of  Massa- 
chusetts on  the  twenty-third  day  of  April  in  the  year 
eighteen  hundred  and  sixty-six. 

Approved  March  6,  1889. 

Resolve  in  favor  of  Antoinette  j.  dalton.  OTiart    2.^ 

Resolved,  That  Antoinette  J.  Dalton,  widow  of  Edwin  Antoinette  j. 
W.  Dalton   formerly  a  member  of  company  B,  twenty-  J^^rlceive^tate 
second  regiment,   Massachusetts  volunteers,   shall,   from  "'^* 
and  after  the  first  day  of  February  in  the  year  eighteen 
hundred  and  eighty-nine,  be  eligible  to  receive  state  aid 
under  the  provisions,   rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes  and  of  chapter  thirty-four 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-four, 
in  the  same  manner  and  to  the  same  extent  that  she  would 
have  been  entitled  had  her  late  husband  been  serving  on 
the  quota  of  this  Commonwealth  at  the  time  of  his  death. 

Approved  March  6,  1889. 


1232  1889.  — Chapters  23,  24,  25,  26, 


Chap.   23  Resolve  in  favor  of  Joseph  nagle. 

eSefo''^"  Resolved,  That  Joseph  Nagle,  fether  of  Patrick  Nagle 
receive  state  aid.  formerly  a  niember  of  coiripany  I,  ninth  regiment,  Massa- 
chusetts volunteers,  and  who  was  killed  in  action  on  the 
twenty-seventh  day  of  June  in  the  year  eighteen  hundred 
and  sixty-two,  shall,  from  and  after  the  first  day  of  Feb- 
ruary in  the  year  eighteen  hundred  and  eighty-nine,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules 
and  regulations  of  chapter  thirty  of  the  Public  Statutes 
and  of  chapter  thirt^^-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  in  the  same  manner  and  to  the 
same  extent  that  he  would  have  been  entitled  had  he  been 
in  receipt  of  state  aid  during  the  year  eighteen  hundred 
and  sixty-six.  Approved  March  6,  1889. 

Chap.    24   K.ES0LVE   IN   FAVOR   OF    THE   MASSACHUSETTS   CHAKITABLE   EYE   AND 

EAR   INFIRMARY. 

MaSlchufetu  Resolved,  That  the  sum  of  fifteen  thousand  dollars  be 
hytirmary"'^  allowcd  aud  paid  from  the  treasury  of  the  Commonwealth 
to  the  Massachusetts  charitable  eye  and  ear  infirmary,  to 
be  expended  under  the  direction  of  the  managers  thereof, 
for  the  charitable  purposes  of  said  infirmary  for  the 
present  year ;  and  the  said  managers  shall  make  report  of 
such  expenditure  to  the  state  board  of  lunacy  and  charity. 

Approved  March  8,  1889. 

Chap.   25  Resolve  in  favor  of  george  white. 

George  White.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  George  White,  judge 
of  probate  and  insolvency  for  the  county  of  Norfolk,  the 
sum  of  eight  hundred  and  thirty-seven  dollars  and  thirty- 
six  cents,  as  full  compensation  for  services  and  expenses 
in  discharging  by  designation  the  duties  of  judge  of  pro- 
bate and  insolvency  of  Essex  county  between  the  dates  of 
July  eleventh  and  October  seventh,  eighteen  hundred  and 
eighty-eight.  Approved  March  8,  1889. 

Chap.   26  Resolve  confirming  the  acts  of  arthur  l.  huntington  as  a 

justice  of  the  peace. 

Hmnington,  jResolvcd,  That  all  acts  done  by  Arthur  L.  Huntington 

justice  of  the      ^s   a  iusticc  of  the  peace,   between    the    eighth    day   of 

peace,  acts  ''  .  a  '  o  ./ 

confirmed.  Novcmbcr,  eighteen  hundred  and  eighty- eight  and  the 
twenty-third  day  of  January,  eighteen  hundred  and  eighty- 


1889.— Chapters  27,  28,  29.  1233 

nine,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  been  during  that  time  qualified  to 
discharge  the  duties  of  said  office. 

Apx>roved  March  8,  1889. 

Resolve  providing  for  the  payment  of  certain  bills  incurred  (7/l«79.   27 

BY    WILLIAM    COGSWELL,    MEDICAL    EXAMINER    FOR    THE    FOURTH 
ESSEX   DISTRICT. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sura  not  exceeding  two  hrci™r^e"d  by 
hundred  and  fifteen  dollars  and  ten  cents,  for  the  payment  ^u'for  medfcai 
of  certain  bills  now  on  file  in  the  auditor's  department,  in-  examinations, 
curred  by  William  Cogswell  for  medical  examinations  and 
inquests  during  the  years  eighteen  hundred  and  seventy- 
nine,  eighteen  hundred  and  eighty,  eighteen  hundred  and 
eighty-one  and  eighteen  hundred  and  eighty-two. 

Approved  March  11,  1889. 

Resolve  in  favor  of  mary  k.  johnson.  Chap.  28 

Resolved,  That  Mary  K.  Johnson,  widow  of  Samuel  ^n'^iigib'je^o' 
Johnson  formerly  a  member  of  company  B,  fifth  regiment,  receive  state  aid. 
cavalry,  Massachusetts  volunteers,  shall,  from  and  after 
the  fifteenth  day  of  February  in  the  year  eighteen  hundred 
and  eighty-nine,  be  eligible  to  receive  state  aid  under  the 
provisions,  rules  and  regulations  of  chapter  thirty  of  the 
Public  Statutes  and  chapter  thirty-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-four,  in  the  same 
manner  and  to  the  same  extent  that  she  would  have  been 
entitled  had  she  resided  in  the  Commonwealth  of  Massa- 
chusetts on  the  twenty-third  day  of  April  in  the  year 
eighteen  hundred  and  sixty-six. 

Approved  March  11,  1889. 

Resolve  in  favor  of  maria  gragg.  Chap.   29 

Resolved,  That  Maria  Gragg,  widow  of  William  F.  ^fgVb^,e^to^^ 
Gragg  a  citizen  of  Bedford,  Massachusetts,  at  date  of  receiYe  state  aid. 
enlistment,  who  enlisted  in  the  United  States  navy  on  the 
nineteenth  day  of  June  in  the  year  eighteen  hundred  and 
sixty-two,  serving  on  the  United  States  steamships  Housa- 
tonic,  Canandaigua  and  Circassian,  and  who  died  on  the 
Circassian  the  twenty-fourth  day  of  December  in  the  year 
eighteen  hundred  and  sixty-four,  shall,  from  and  after 
the  fifteenth  day  of  February  in  the  year  eighteen  hundred 
and  eighty-nine,  be  eligible  to  receive  state  aid  under  the 


1234  1889.  —  Chapters  30,  31,  32. 

provisions,  rules  and  limitations  of  chapter  thirty  of  the 
Public  Statutes  and  chapter  thirty- four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-four,  in  the  same 
manner  and  to  the  same  extent  that  she  would  have  been 
entitled  had  her  husband  served  to  the  credit  of  Massa- 
chusetts. Approved  March  11,  1889. 

Chan    30  Resolve  in  favor  of  Catherine  b.  burroughs. 

Catherine  E.  Resolvcd,    That    Catherine    B.    Burroughs,    widow   of 

bieTorfceive'^'  Daniel  W.  Burroughs  who  was  an  acting  master's  mate 

Btateaid.  -^^  ^j^^  United  States  navy  during  the  war  of  the  rebellion, 

from  December  fourth  in  the  year  eighteen  hundred  and 

sixty-four  to  December  first  in  -the  year  eighteen  hundred 

and  sixty-five,  shall,  from  and  after  the  fifteenth  day  of 

February  in  the  year  eighteen  hundred  and  eighty-nine, 

be  eligible  to  receive  state  aid  under  the  provisions,  rules 

and  limitations  of  chapter  thirty  of  the  Public  Statutes 

and  chapter  thirty-four  of  the  acts  of  the  year  eighteen 

hundred    and    eighty-four,  to   the    same    extent  that  she 

would  have  been  entitled  had  her  husband  served  to  the 

credit  of  this  Commonwealth.  Approved  March  11,  1889. 

PJinn    SI  Resolve  in  favor  of  mary  a.  s.  batterman. 

Mary  A.  s.  Hesolved,  That  Mary  A.  S.  Batterman,  widow  of  John 

bie"to^ceive'^'  N.  Batterman  formerly  a  member  of  company  F,  fortieth 

state  aid.  regiment   of   Massachusetts    volunteers,  shall,  from    and 

after  the  fifteenth  day  of  February  in  the  year  eighteen 

hundred  and  eighty-nine,  be  eligible  to  receive  state  aid 

under   the    provisions,  rules    and  regulations  of  chapter 

thirty  of  the  Public  Statutes  and  chapter   thirty-four  of 

the  acts  of  the  year  eighteen  hundred  and  eighty-four,  in 

the  same  manner  and  to  the  same  extent  that  she  would 

have  been  entitled  had  she  resided  in  the  Commonwealth 

of  Massachusetts  on  the  twenty-third  day  of  April  in  the 

year  eighteen  hundred  and  sixty-six. 

Apjyroved  March  11,  1889. 

Char)      32   I^^S^LVE   providing   for  an    agent   to   care    for   the   PROPERTr 

acquired  by  the  commonwealth  for  the  better  accommo- 
dation of  the  state  government  under  chapter  three 
hundred  and  forty-nine  of  the  acts  of  the  year  eight- 
een HUNDRED  AND  EIGHTY-EIGHT. 

Agent  to  be  Resolfvecl,  That  the  governor  with  the  advice  and  con- 

car^e°of  prop°eity  scnt  of  the    couucil  is  hereby  authorized   to  appoint  an 


1889.— Chapters  33,  34,  35.  1235 

agent  to  manage  and  take  care  of  the  property  acquired  commonwLkh 

by  the  Commonwealth  under  chapter  three  hundred  and  oTsuTtehfuTe."' 

forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 

eiofhtv-eiorht,  until  such  time  as  the  Commonwealth  shall 

desire  to  occupy  the  same.     Said  agent  shall  be  employed  ^onipensation. 

under  the  direction  of  the  governor  and  council,  and  they 

are  also  hereby  authorized  to  establish  the  compensation 

for  his  services,  which  shall  be  paid  out  of  the  treasury 

of  the  Commonwealth.  Approved  March  11,  1889. 


Chap.  33 


Resolve  relative  to  printing  two  thousand  extra  copies 
OF  the  report  of  the  state  board  of  health  on  the  sew- 
erage of  the  mystic  and  CHARLES   RIVER  VALLEYS. 

Resolved,   That  there  be  printed  two  thousand  extra  Report  on  sew- 
copies  of  the  report  of  the  state  board  of  health  on  the  an^cfchidlr"'' 
sewerage  of  the   Mystic  and   Charles  river  valleys,  five  "vervaiieys. 
hundred  to  be  for  the  use  of  said  board,  and  the  balance 
to  be  distributed  under  the  direction  of  the  joint  commit- 
tee on  drainage.  Approved  March  13,  1889. 

Resolve  in  favor  of  john  flanagan.  Chart    34 

Resolved,  That  John  Flanagan,  Mher  of  'J'homas  Flan-  joim Flanagan 
agan  formerly  a  member  of  the  third  battery,  light  artil-  rewiTOsuteaid. 
lery,  Massachusetts  volunteers,  who  died  JNIay  tenth  in 
the  year  eighteen  hundred  and  sixty-five,  shall,  from  and 
after  the  fifteenth  day  of  February  in  the  year  eighteen 
hundred  and  eighty-nine,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes  and  of  chapter  thirty-four 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-four, 
in  the  same  manner  and  to  the  same  extent  that  he  would 
have  been  entitled  had  he  been  in  receipt  of  state  aid 
during  the  year  eighteen  hundred  and  sixty-six. 

Approved  March  13,  1889. 

Resolve  in  favor  of  Augustus  a.  lemus.  Chart    35 

Resolved,  That  Augustus  A.  Lewis,  ibrmerly  an  acting  Augustus  a. 
master  in  the  United  States  navy,  shall,  from  and  after  to'^rVc^ehe^stute 
the  fifteenth  day  of  February  in  the  year  eighteen  hun-  '''"'■ 
dred    and    eighty-nine,   be   eligible   to   receive    state    aid 
under  the  provisions,   rules  and   regulations  of  chapter 
thirty  of  the  Public  Statutes  and  of  chapter  thirty-four 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-four, 


1236  1889.  — Chapters  36,  37,  38. 

in  the  same  manner  and  to  the  same  extent  that  he  would 
have  been  entitled  had  he  served  to  the  credit  of  this 
Commonwealth.  Ajjjyroved  March  13,  1889. 

CllO/D.  36  Resolve  in  kavor  of  george  w.  waruen. 

GeS'w  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Warren.  treasury  of  the  Commonwealth  to   George  W.   Warren, 

the  sum  of  three  hundred  and  fifty-seven  dollars,  being 
for  his  compensation  as  a  member  of  the  state  senate  in 
the  year  eighteen  hundred  and  fifty-six,  said  amount 
being  due  him  as  appears  by  certificates  signed  by  P.  L. 
Cox,  clerk  of  the  senate  during  said  year. 

Ajjproved  March  13,  1889. 

Char).   37  Resolve  in  favor  of  abby  p.  choate. 

iVby  p."^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Choate.  trcasury  of  the  Commonwealth  to  Abby  P.  Choate,  widow 

of  the  late  George  F.  Choate  formerly  judge  of  probate 
and  insolvency  for  the  county  of  Essex,  and  who  died  on 
the  eleventh  day  of  July  in  the  year  eighteen  hundred  and 
eighty-eight,  the  sum  of  sixteen  hundred  and  forty-six 
dollars  and  fifty  cents,  being  the  balance  of  salary  said 
Choate  would  have  received  had  he  lived  to  perform  ser- 
vice as  judge  of  probate  and  insolvency,  as  aforesaid,  to 
the  end  of  the  year  eighteen  hundred  and  eighty-eight. 

Apx)roved  March  13,  1889. 

Chat).  38  Resolve  authohizing  the  governor  and  council  to  procure 
assistance  in  perfecting  a  plan  for  the  better  accommo- 
dation OF  the  state  government  and  also  reliable  esti- 
mates OF  THE  COST  OF  CONSTRUCTION. 

piauTor°eD.^°'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
largement  of  trcasurv  of  the  Comuion Wealth  a  sum  not  exceeding  two 
thousand  five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  governor  and  council,  to  enable  them  to 
procure  and  report  to  the  general  court  on  or  before  the 
tenth  day  of  April  next  a  substantially  perfected  plan, 
using  so  far  as  practicable  the  plans  now  owned  by  the 
Commonwealth,  for  the  better  accommodation  of  the  state 
government ;  and  also  reliable  estimates  of  the  cost  of 
construction  according  to  the  plan  so  reported. 

Approved  March  19,  1889. 


1889.  —  Chapters  39,  40,  41.  1237 


Resolve  in  favor  of  samuel  hillman.  QliWD'   39 

Resolved^  That  there  be  alloAved  and  paid  out  of  the  Annuity  to 
treasury  of  the  Commonwealth  to  Samuel  Hillman  of  nfan"'^ 
North  Adams,  an  annuity  of  two  hundred  dollars,  for  the 
term  of  five  years  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  eighty-nine,  for  injuries  sus- 
tained while  employed  at  the  Hoosac  tunnel ;  the  cause 
of  said  injury  being  an  explosion  of  glycerine  which  had 
been  carelessly  left  by  employees  of  the  Commonwealth. 
Chapter  twenty-nine  of  the  resolves  of  the  year  eighteen 
hundred  and  eighty-six  is  hereby  repealed. 

Approved  March  19,  1889. 

Resolve  in  favor  of  david  j.  lantz.  Chctp.  40 

Resolved,  That  David  J.  Lantz  of  Eockland,  who  enlisted  ^fj;'!,!;^;;^ ' 
on  the  fourth  day  of  January  in  the  year  eighteen  hundred  diei's  bounty. 
and  sixty-four  in  company  D,  fourth  regiment  of  cav- 
alry, Massachusetts  volunteers,  and  served  to  the  credit 
of  Weymouth  until  the  date  of  his  discharge  on  the  four- 
teenth day  of  November  in  the  year  eighteen  hundred 
and  sixty-five,  and  who  has  furnished  satisfactory  evi- 
dence that  he  was  suffering  under  a  disability  contracted 
in  the  service  at  the  time  of  his  discharge,  although  the 
fact  of  said  disability  is  not  shown  by  his  discharge  papers, 
is  entitled  to  the  bounty  provided  for  under  the  provisions 
of  chapter  eighty-four  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-six  and  the  acts  to  which  it  is  an 
addition,  being  at  the  rate  of  twenty  dollars  per  month  for 
six  months  after  the  date  of  his  discharge,  and  interest  on 
the  same,  amounting  to,  in  all,  the  sum  of  two  hundred 
and  fifty-nine  dollars  and  seventy-one  cents  ;  and  said 
sum  is  hereby  allowed,  to  be  paid  out  of  the  bounty  loan 
sinking  fund  as  provided  for  in  chapter  one  hundred  and 
twelve  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-two.  Approved  March  19,  1889. 

Resolves  phoviding  for  submitting  to  the  people  the  article  (JJidrj^  ^\ 
of  amendment  forbidding  the  manufacture  and  sale  of 
intoxicating  liquors  to  be  used  as  a  beverage. 

Resolved,  That  the  following  article  of  amendment  of  ^e'con8"tftutio°n 
the  constitution,  having  been  agreed  to  by  the  last  and  foi bidding  the 
present   general    courts,    and    published    in    the    manner  eating  liquors  to 
required  by  the  constitution,  be  submitted  to  the  people  the*peo"pie?'  ^" 
for  their  ratification  and  adoption  :  — 


1238 


1889.  —  Chapter  41. 


Article  of 
amendment. 


Vote  upon 
article  of 
amendment. 


Provigo. 


ARTICLE    or   AMENDMENT. 

The  manufacture  and  sale  of  intoxicating  liquors  to  be 
used  as  a  beverage  are  prohibited. 

The  general   court  shall  enact  suitable   legislation   to 
enforce  the  provisions  of  this  article. 

Resolved,  That  the  people  shall  be  assembled  for  the 
purpose  aforesaid,  in  their  respective  cities  and  towns,  in 
meetings  to  be  legally  warned,  and  held  on  Monday  the 
twenty-second  day  of  April  next,  at  which  meetings  all 
the  inhabitants  qualified  to  vote  for  senators  and  repre- 
sentatives in  the  general  court  may  give  in  their  votes, 
by  ballot,  for  or  against  said  article  of  amendment ;  and 
the  same  officers,  assisted  by  two  tellers,  appointed  in 
towns  by  the  selectmen,  and  in  cities  by  the  officers  now 
having  the  appointment  of  election  officers,  one  of  whom 
shall  be  publicly  known  to  be  in  favor  of  and  the  other 
opposed  to  the  proposed  amendment,  and  who  in  cities 
shall  take  the  place  of  the  two  inspectors  required  by 
law  at  elections,  shall  preside  in  the  said  meetings  as  in 
the  meetings  for  the  choice  of  senators  and  representa- 
tives, and  shall  in  open  meeting  receive,  sort,  count  and 
declare  the  votes  of  the  inhabitants,  for  and  against  the 
same  ;  and  the  said  votes  shall  be  recorded  by  the  clerks 
of  said  cities  and  towns,  and  true  returns  thereof  shall 
be  made  out  under  the  hands  of  the  mayor  and  aldermen 
of  the  several  cities,  and  of  the  selectmen,  or  a  major 
part  of  them,  and  of  the  clerks  of  the  said,  cities  and 
towns,  respectively,  and  sealed  up,  and  within  three  days 
after  the  said  meetings,  transmitted  to  the  office  of  the 
secretary  of  the  Commonwealth  :  providedy  that  in  the 
several  cities  and  in  the  towns  which  have  been  divided 
into  voting  precincts,  the  meetings  held  under  this  re- 
solve shall  be  conducted  according  to  the  provisions  of 
the  acts  establishing  the  same,  and  of  the  several  acts  in 
addition  thereto.  The  meetings  held  under  this  resolve 
shall  be  deemed  to  be  elections  within  the  meaning  of 
that  word,  as  now  used  in  the  statutes  relating  to  regis- 
tration and  elections.  In  taking  the  vote  on  said  article 
of  amendment  there  shall  be  used  the  ballot-box  provided 
in  accordance  with  the  requirements  of  chapter  two  hun- 
dred and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four.  All  ballots  on  said  article 
shall  be  deposited  in  such  boxes,  and  no  ballots  shall  be 


1889.  — Chapter  41.  1239 

counted,  in  ascertaining  the  result  of  such  votes,  unless 
so  deposited  and  therein  registered,  or  deposited  as  here- 
inafter provided.  The  provisions  of  said  chapter  two 
hundred  and  ninety-nine  shall,  so  far  as  applicable,  apply 
to  the  use  of  such  ballot-boxes  in  voting  on  said  article 
of  amendment.  All  existing  provisions  of  law  to  pre- 
vent fraudulent  voting,  and  the  penalties  therefor,  shall 
apply  to  the  taking  of  the  vote  on  said  article  of  amend- 
ment. All  statutes  relating  to  registration  and  elections 
shall  govern  and  be  observed  in  respect  of  such  meetings, 
so  far  as  the  same  are  applicable  thereto.  The  voting 
precincts,  as  existing  at  the  time  of  the  last  state  election, 
shall  continue  for  all  purposes  under  this  resolve;  the 
officers,  unless  otherwise  provided  in  this  resolve,  and 
proceedings  shall  be  the  same  as  heretofore  provided  by 
law  for  said  precincts,  and  the  lists  of  voters  prepared 
for  the  last  election  shall  be  used,  subject  to  all  lawful 
changes  and  erasures  :  provided,  however,  that  the  posting  Proviso. 
of  voting  lists  and  notices  thereon  in  the  several  cities 
and  towns,  and  the  holding  of  evening  ses-ions  in  or  near 
each  ward  in  the  city  of  Boston,  shall  not  be  required; 
but  the  officers  or  board  charged  with  the  preparation  of 
the  voting  lists  in  the  several  cities  and  towns  shall  give 
notice  of  the  time  and  place  for  holding  their  sessions  for 
registration  by  posting  two  or  more  notices  in  conspicuous 
places  in  each  town,  ward  or  precinct,  and  by  such  other 
methods  as  said  officers  or  board  may  deem  best. 

Resolved,  That  every  person  qualified  to  vote  as  afore-  vote  to  be 
said  may  express  his  opinion  on  said  article  of  amendment  "No." 
without  expressing  in  his  ballot  the  contents  of  said  arti- 
cle ;  but  the  form  of  said  ballot  shall  be  as  follows : 
"Amendment  to  the  Constitution,  Yes,"  or  "No." 
And  if  said  article  shall  appear  to  be  approved  by  a 
majority  of  the  persons  voting  thereon,  it  shall  be  deemed 
and  taken  to  be  ratified  and  adopted  by  the  people. 

Resolved,  That   his    excellency  the   governor  and  the  votes  to  be 
council    shall   forthwith    open    and    examine    the   votes  result  ascer- 
returned  as  aforesaid  ;    and  if   it  shall  appear  that  said  '"'°^''- 
article  of  artiendment  has  been  approved   by  a  majority 
of  the  persons  voting   thereon,  according   to   the  votes 
returned  and  certified   as  aforesaid,   the   same    shall    be 
enrolled  on  parchment,  and  deposited  in  the  secretary's 
office,  as  a  part  of  the  constitution  of  this  Commonwealth, 
and  shall  be   published  in  immediate    connection    there- 


1240  1889.  — Chapter  42. 

with,  numbered  according  to  its  numerical  position,  with 
the  articles  of  amendment  of  the  constitution  heretofore 
adopted,  in  all  futuie  editions  of  the  laws  of  this  Com- 
monwealth printed  by  public  authority. 
ado^edfSe"''*  Besolvecl,  That  his  excellency  the  governor  be  and  he 
governor  to       hercbv  is  authorized  and  requested  to  issue  his  proclama- 

make  proclama-     .'',.,^,  •'•..  /.,  *•  t 

tion.  tion  forthwith  after  the  exammation  or  the  votes  returned 

as  aforesaid,  reciting  said  article  of  amendment,  and 
announcing  that  said  article  has  been  duly  adopted  and 
ratified  by  the  people  of  this  Commonwealth,  and  has 
become  a  part  of  the  constitution  thereof,  and  requiring 
all  magistrates  and  officers,  and  all  citizens  of  the  said 
Commonwealth,  to  take  notice  thereof,  and  govern  them- 
selves accordingly  ;  or  that  the  said  article  of  amendment 
has  been  rejected,  as  the  case  may  be. 
ftim?8hed  uf city  BesoIvecl,  That  the  secretary  of  the  Commonwealth 
and towu clerks,  ghall  scud  to  the  scvcral  city  and  town  clerks,  seven  days 
at  least  previous  to  taking  the  vote  on  said  article  of 
amendment,  ballots  both  affirmative  and  negative,  in 
number  at  least  twice  as  many  of  each  as  there  are  regis- 
tered voters  in  each  city  and  town.  Such  ballots  shall 
be  distributed  to  the  voters  at  each  polling  place  by  two 
distributors,  one  of  whom  shall  be  publicly  known  to 
be  in  favor  of,  and  the  other  opposed  to,  the  proposed 
amendment,  to  be  appointed  by  the  clerk  of  the  city  or 
town,  and  their  compensation  to  be  paid  by  the  city  or 
town. 
^^oWesT^he^^  Hesolved,  That  a  printed  copy  of  these  resolves,  in- 
furnished  to  the  eluding  the  Said  article  of  amendment,  and  blank  forms 

cities  and  towns  o  ' 

of  the  Common-  of  the  rctums  of  votcs  ou  Said  article,  shall  be  trans- 
mitted, as  soon  as  may  be,  by  the  secretary  of  the  Com- 
monwealth, to  the  mayors  and  aldermen  of  the  several 
cities,  and  the  selectmen  of  the  several  towns,  of  this 
Commonwealth. 

hoifd'ayr^'""  Resolved,  That  the  day  set  apart  for  the  taking  of  the 

said  vote  is  hereby  made  a  legal  public  holiday. 

Approved  March  21,  1889. 

Chcip.  42  Resolve  providing  for  the  purchase  of  land  and  for  re- 
pairs TO  THE  BUILDINGS  ON  THE  SAME  AT  THE  LYMAN  SCHOOL 
FOR  BOYS. 

pillcw  o/*""        Resolved,  That  there  be  allowed  and  paid  out  of  the 
Wilson  farm      ti'casury  of  the  Commonwealth  a  sum  not  exceeding  ten 

adioiDiDg  the  •'  ^ 

Lyman  farm,     thousaud  dollars,  to  be  expended  under  the  direction  of 


1889.  — Chapters  43,  44,  45.  1241 

the  trustees  of  the  Lyman  school  for  boys,  for  the  pur- 
chase of  the  so  called  Wilson  farm,  adjoining  the  Lyman 
farm  now  the  property  of  the  Commonwealth,  and  for 
such  alterations  to  the  buildings  thereon  as  may  be  neces- 
sary for  the  better  accommodation  of  the  said  Lyman 
school  for  boys  at  Westborough. 

Approved  March  21,  1889. 

ReSOLVK    providing    for     certain    changes    and    improvements   (JJidj)^    43 
AT   THE  TAUNTON   LUNATIC   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Taunton  lunatic 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six- 
teen thousand  dollars,  to  be  expended  at  the  Taunton 
lunatic  hospital  at  Taunton,  under  the  direction  of  the 
trustees,  for  the  following  purposes,  to  wit: — for  the 
purpose  of  continuing  the  work  on  the  water  closets,  a 
sum  not  exceeding  five  thousand  five  hundred  dollars ; 
for  building  a  gate  house  at  the  rear  entrance,  a  sum  not 
exceeding  five  hundred  dollars  ;  for  enlarging  the  pig- 
gery, a  sum  not  exceeding  one  thousand  five  hundred 
dollars  ;  for  painting  the  woodwork,  a  sum  not  exceeding 
two  thousand  five  hundred  dollars ;  for  ordinary  repairs, 
a  sum  not  exceeding  six  thousand  dollars. 

Aj)proved  March  21,  1889. 

Resolve  in  favor  of  mary  burns.  Cliav.  44 

Resolved,  That  Mary  Burns,  a  resident  of  Boston,  Mary  Bums 
widow  of  John  Burns  who  was  a  resident  of  Massachu-  recdve  state  aid. 
setts  both  before  and  after  his  enlistment,  in  the  war  of 
the  rebellion,  in  company  F,  fifth  regiment.  United  States 
artillery,  but  whose  service  was  not  credited  to  Massachu- 
setts, is  hereby  made  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapter  thirty  of 
the  Public  Statutes  and  the  amendments  thereto,  in  the 
same  manner  and  to  the  same  extent  that  she  would  have 
been  had  her  husband  served  to  the  credit  of  Massachu- 
setts, and  had  she  herself  been  a  resident  of  this  state  on 
the  twenty-third  day  of  April  in  the  year  eighteen  hun- 
dred and  sixty-six.  Approved  March  21,  1889. 

Resolve    providing   for   the   payment   of  certain   bills  in-  (7/>^r)    45 

CURKED     IN     excess      OF     APPROPRIATIONS      THEREFOR     AT     THE  "' 

LYMAN   SCHOOL   FOR   BOYS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasury  of  the  Commonwealth  the  sum  of  two  thousand  ^°^  ''°^''' 


1242  1889.  — Chapters  46,  47,  48. 

and  thirty-three  doHars  and  twenty-one  cents,  for  the 
payment  of  certain  bills  incurred  in  excess  of  appropria- 
tions therefor  at  the  Lyman  school  for  boys  at  Westbor- 
ongh,  under  the  authority  of  the  trustees,  in  completing 
the  alterations  in  Lyman  hall,  and  for  heating  and  plumb- 
ing the  new  house  for  the  use  of  the  superintendent  and 
officers,  and  for  hospital  purposes. 

Approved  March  22,  1889. 

Chap.   46  Resolve  in  favor  of  jane  parks. 

fiv'e"ye'a^r8^?o  Besolvcd,  That  there  be  allowed  and  paid  out  of  the 

jaue  Parks.  treasury  of  the  Commonwealth  to  .lane  Parks  of  Cam- 
bridge, the  sum  of  two  hundred  dollars  annually  for  the 
term  of  live  years  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  eighty-nine  :  jjrovided,  how- 
ever, that  the  above-named  annuity  shall  cease  at  the 
death  of  said  Jane  Parks,  if  the  same  should  occur  within 
the  time  specified  in  this  resolve. 

Approved  March  22,  1889. 

(JJiaV.     47   l^ESOLVE     PROVIDING     FOR   CERTAIN     REPAIRS     AND    IMPROVEMENTS 
AT  THE   STATE   NORMAL   SCHOOL   AT   SALEM. 

^l!a™rcl°at       Resolved,  That  there  be  allowed  and  paid  out  of  the 
state  normal'       treasurv  of  the  Commonwealth  the  sum  of  nineteen  hun- 

school  at  Salem.    -,-,■,  j         ^    ^^  c  •  -i     . 

dred  and  seventy  dollars  tor  repairs  and  improvements 
at  the  state  normal  school  at  Salem  as  follovvs,  namely  :  — 
the  sum  of  six  hundred  and  fifty  dollars  for  water  closets 
and  repairs,  and  the  sum  of  thirteen  hundred  and  twenty 
dollars  for  the  establishment  and  fitting  up  of  a  physical 
laboratory  ;  all  of  the  foregoing  sums  to  be  expended 
under  the  direction  of  the  board  of  education. 

Approved  March  22,  1889. 

Chctn.    48   KeSOLVE  in   favor    of  JAMES   K.    BEEDE,   WILLIAM    B.   POTTER   AND 

WALLACE   P.    BALCOM. 

janferiv"^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Beede  William  trcasuiT  of  the  Commouwealth  to  James  K.  Beede,  Wil- 

B.  Potter  aud        i.  t       t-» 

Wallace  P.  ham  13.  Potter  and  Wallace  P.  Balcom,  officers  of  com- 
pany C,  eighth  regiment,  Massachusetts  volunteer  militia, 
the  sum  of  one  hundred  dollars  each,  to  compensate  them 
for  uniforms  and  equipment  destroyed  by  fire  in  the  armory 
of  said  company  at  Marblehead  on  the  night  of  December 
twenty-fifth  in  the  year  eighteen  hundred  and  eighty-eight. 

Approved  March  25,  1889. 


1889.  —  Chapters  49,  50.  1243 


Resolve   providing    for    printing    three    thousand    extra  (Jhnrff    AC) 

COPIES     OF     the     report     OF     THE     COMMISSIONERS     ON     GRADE  "^ 

CROSSINGS. 


Resolved,  That  there  be  printed  three  thousand  extra  Report  of  com. 
copies  of  the  report  of  the  commissioners  on  grade  cross-  ™rad'e° crossings. 
ings,  to  be  distributed  as  follows  :  —  eight  copies  to  each 
member  of  the  senate  and  house  of  representatives,  three 
hundred  copies  to  the  commissioners  on  grade  crossings, 
two  hundred  copies  to  the  board  of  railroad  commis- 
sioners, two  hundred  copies  to  the  committee  on  railroads, 
and  the  balance  under  the  direction  of  the  sergeant-at- 
arms.  Approved  March  25,  1889. 

Resolve  providing  for  the  printing  and  distribution  of  the  njinv)    KC\ 

REPORT   OF  THE   COMMISSIONER   OF   PUBLIC   RECORDS  OF  PARISHES,  "^ 

TOWNS   AND   COUNTIES. 

Resolved,  That   the    secretary   of    the    Commonwealth  Printing  and 

11  1  •  t  Ti  -iz-TM  uistnbulion  or 

cause  to  be  electrotyped,  prmted  and  bound  for  distribu-  report  of  tiie 

,.  ,  .XI  LIT  •  c     x\  i^j.1        coramissiouer  of 

tion,  twenty-nve  hundred  copies  or  the  report  or  the  public  records 
commissioner  of  public  records  of  parishes,  towns  and  °iwus\md^' 
counties,  for  the  use  of  the  Commonwealth,  and  that  he  counties. 
cause  them  to  be  distributed  as  follows  :  —  to  each  mem- 
ber of  the  executive  and  legislative  departments,  the 
clerks  and  assistant  clerks  of  both  branches  of  the  o-eneral 
court,  and  each  reporter  assigned  a  seat  in  either  branch, 
one  copy  ;  to  said  commissioner,  to  be  at  his  disposal, 
three  hundred  copies  ;  to  the  state  library,  twenty-five 
copies  ;  to  the  Massachusetts  historical  society,  and  the 
New  England  historic  genealogical  society,  five  copies 
each  ;  to  the  following  cities,  towns,  colleges,  academies, 
societies,  ofiicers,  boards  and  persons,  one  copy  each,  — 
each  city  and  town  of  the  Commonwealth  for  the  use  of 
the  city  or  town  ;  each  free  public  library  in  the  Common- 
wealth which  is  open  to  the  use  of  the  city  or  town  where 
it  is  situated ;  the  judges  of  the  United  States  supreme 
court ;  the  judges  of  the  United  States  circuit  and  district 
courts  in  Massachusetts  ;  the  judges  of  the  supreme  judi- 
cial court ;  the  judges  of  the  superior  court ;  the  clerks  of 
the  above  named  courts  ;  the  judges  and  registers  of  pro- 
bate ;  the  registers  of  deeds  ;  the  district  attorneys  ;  the 
county  treasurers  ;  each  board  of  county  commissioners  ; 
the  libraries  of  Harvard  university,  Williams  college, 
Amherst  college,  Phillips  academy,  Tufts  college,  Boston 


1244 


1889.  —  Chapters  51,  52,  53. 


university,  the  college  of  the  holy  cross  at  Worcester, 
Wellesley  college,  Smith  college,  ijoston  college,  Massa- 
chusetts agricultural  college,  the  Worcester  polytechnic 
institute.  Dean  academy,  Bradford  academy,  the  American 
academy  of  arts  and  sciences,  the  Old  Colony  historical 
society,  the  proprietors  of  the  Boston  athenteum,  the 
American  antiquarian  society,  the  Worcester  society  of 
antiquity,  the  Essex  institute,  the  Pilgrim  society,  the 
New  England  methodist  historical  society,  the  Bostonian 
society  ;  the  county  law  libraries. 

Approved  March  25,  1889. 

ChciT).   51  Resolve  ix  favor  of   the   new  England  industrial  school 

FOR   DEAF   MUTES. 

the*indu8trM  liesolved,  That  there  be  allowed  and  paid  out  of  the 
school  foi  deaf  trcasurv  of  the  Commonwealth  to  the  New  England  Indus- 
trial  school  for  deaf  mutes,  of  Beverly,  the  sum  or  two 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  trustees  thereof;  one-half  of  said  sum  to  be  applied 
toward  the  payment  of  the  mortgage  on  the  property  of 
said  institution,  and  the  balance  to  be  used  for  the  educa- 
tional purposes  of  the  school  for  the  present  year ;  and 
the  trustees  of  said  school  shall  report  to  the  state  board 
of  education.  Apjproved  March  27,  1889. 


mutes  of 
Beverly. 


Chap.  52 

Annuity  to 
Patrick  M. 
Drummey. 


Resolve  in  favor  of  Patrick  m.  drummey. 

Resolved,  That  there  be  allowed  and  paid  from  the 
treasury  of  the  Commonwealth  to  Patrick  M.  Drummey, 
an  annuity  of  two  hundred  dollars  for  the  rest  of  his 
natural  life,  payable  in  equal  quarterly  instalments,  to  be 
so  allowed  from  the  first  day  of  January  in  the  year  eight- 
een hundred  and  eighty-nine. 

Approved  March  28,  1889. 


Chap.   53  Resolve  in  favor  of  henry  j.  coolidge. 

HenT°j"^  IF7ie/*ea.s,  Henry  J.  Coolidge,  late  deputy  secretary  of 

Coolidge.  the  Commonwealth  and  first  clerk,  and  an  employee  in 

the  secretary's  department  for  more  than  thirty-four  years, 
is  now  atilicted  with  a  disease  with  which  he  was  stricken 
while  in  the  performance  of  his  duties,  and  which  incapaci- 
tates him  from  further  service  ;  therefore 

Resolved,  That  in  recognition  of  his  long  and  faithful 
service,  there  be  allowed  and  paid  out  of  the  treasury  of 
the  Commonwealth  to  the  said  Henry  J.  Coolidgo,  who 


1889.  — Chapters  54,  55,  56.  1245 

resigned  his  office  and  clerkship  on  the  fourteenth  day  of 
March  of  the  present  year,  or,  in  case  of  his  death,  to  his 
widow  or  her  legal  heirs,  a  sum  equal  to  the  amount  of 
salary  which  said  Coolidge  would  have  received  had  he 
continued  to  perform  service  as  first  clerk  as  aforesaid  to 
the  end  of  the  current  year.      Approved  March  29,  1889. 

Resolve  in  favor  of  john  c.  and  rosanna  orcutt.  Chcip.   54 

Resolved,  That  John  C.  Orcutt  of  Boston,  who  served  fi^^aXutt 
as  a  volunteer  in  company  A,  twentieth  regiment,  Massa-  eligible  to 

.  *.'''  /•iiii'  -I   receive  state  aid. 

chusetts  mrantry,  durmg  the  war  of  the  rebellion,  and 
Kosanna  his  wife,  shall,  on  and  after  the  first  day  of 
March,  eighteen  hundred  and  eighty-nine,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  thirty  of  the  Public  Statutes  and  the 
amendments  thereto,  in  the  same  manner  and  to  the 
same  extent  they  would  have  been  had  they  been  actual 
residents  pf  Massachusetts  on  and  prior  to  April  twenty- 
third,  eighteen  hundred  and  sixty-six. 

Approved  March  29,  1889. 

Resolve    providing    for    printing    fifteen    hundred    extra  rjTtnj)    55 
COPIES    of    the   annual    report   of    the    state    board    of  ^ 

arbitration. 

Resolved,    That   fifteen    hundred    extra   copies   of  the  Report  of  state 
annual  report  of  the  state   board   of  arbitration  for  the  tmion? 
3'ear  eighteen  hundred  and  eighty-eight  be  printed,  to  be 
distributed   under  the  direction  of  said  board,  one  thou- 
sand of  said  copies  to  be  bound  in  muslin. 

Approved  March  29,  1889. 

Resolve  in  favor  of  the  Gettysburg  battlefield  memorial  (7A«79.   5Q 
association. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  to  the  Gettysburg  battle-  battlefield 

xiii  •!  '    i.'  i'  'i.*  '        i.^        memorial  asso- 

neld  memorial  association,  a  corporation  existing  in  the  dation. 
state  of  Pennsylvania,  a  sum  not  exceeding  five  hundred 
dollars,  for  the  purpose  of  erecting  a  bronze  tablet  at  a 
certain  copse  of  trees  on  the  battlefield  of  Gettysburg 
known  as  the  "high-water  mark  of  the  rebellion;"  at 
which  copse  of  trees  Longstreet's  famous  assault  was 
directed  July  third,  eighteen  hundred  and  sixty-three, 
which  was  met  and  repulsed  by  union  troops,  in  which 
repulse  three  Massachusetts  regiments  participated. 

Approved  April  5,  1889. 


1246  1889.  — Chaptees  57,  58,  59. 


Ghap.   57  Resolve  in  favor  of  ann  noonan. 

^STo"''"  Resolved,    That   Ann   Noonan,    widow   of    Joseph   P. 

receive  state  aid.  Noonan  who  was  a  member  of  company  B,  third  regiment 
of  United  States  infantry,  during  the  war  of  the  rebellion, 
shall,  from  and  after  the  fifteenth  day  of  February  in  the 
year  eighteen  hundred  and  eighty-nine,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  thirty  of  the  Public  Statutes  and  chapter 
thirty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  to  the  same  extent  that  she  would  have  been 
entitled  had  her  husband  served  to  the  credit  of  this 
Commonwealth.  Approved  April  9,  1889. 

Chcip.   58  Resolve    to    fuuthek    amend    chapter    fifty-turee   op   the 

RESOLVES     OF    THE    YEAR    EIGHTEEN    HUNDRED   AND    SIXTY-NINE, 
PROVIDING   FOR  TESTIMONIALS   TO   SOLDIERS   AND   SAILORS. 

to*'so'idi^rs\ud        JResoIved,  That  the  adjutant-general  deliver  te^jtimonials 
Bailors.  provided  for  in  the  fifty-third  chapter  of  the  resolves  of  the 

year  eighteen  hundred  and  sixty-nine  to  all  soldiers  and 
sailors  who  enlisted  in  the  regular  army  and  navy  prior  to 
April  sixteenth  in  the  year  eighteen  hundred  and  sixty- 
one,  and  who  served  not  less  than  six  months  after  said 
date,  and  were  honorably  discharged,  and  who  were  citi- 
zens of  Massachusetts  at  the  time  of  their  enlistment. 

Approved  April  9,  1889. 

Chap.   59  Resolve  in  favor  of  barney  mcCabe. 

a  Mo  wed  a  sou '''^  Resolved,  That  Barney  McCabe,  late  of  company  C, 
dier's bounty,  thirtieth  regiment  of  Massachusetts  volunteers,  is  entitled 
to  the  sum  of  one  hundred  and  ninety  dollars,  as  bounty 
from  the  first  day  of  September  in  the  year  eighteen 
hundred  and  sixty-four  to  the  sixteenth  day  of  June  in 
the  year  eighteen  hundred  and  sixty-five,  under  the 
provisions  of  chapter  two  hundred  and  fifty-four  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-three,  with 
interest  from  said  sixteenth  day  of  June  at  the  rate  of  five 
per  centum  per  annum,  as  provided  in  the  fourth  section 
of  said  chapter  two  hundred  and  fifty-four ;  and  the  said 
sum  is  hereby  allowed,  to  be  paid  out  of  the  bounty  loan 
sinking  fund,  as  provided  for  in  chapter  one  hundred  and 
twelve  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
two.  Approved  April  9,  1889. 


1889.  — Chapters  60,  61,  62.  1247 


Resolve  providing  for  an  additional  building  at  the  sol-  (JJkxij,   60 
diers'  home  in  massachusetts. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty  bunding  at  the 
thousand  dollars,  to  be  expended  under  the  direction  of  ^°^'^'"'^' ^°"^"- 
the  trustees  of  the  soldiers'  hpme,  at  Chelsea,  in  the  Com- 
monwealth of  Massachusetts,  for  the  purpose  of  build- 
ing an  addition  to  the   present   buildings  at  the  home, 
made    necessary  by  the  large  increase  of  applicants  for 
admission :    provided,    Jioivever,    that   said    trustees  shall  pi"oviso. 
cause  the  act  of  incorporation  to  be  changed  so  that  the 
Commonwealth    shall    be    represented    on    the   board  of 
trustees  by  three  members  to  be  appointed  by  the  gov- 
ernor with  the  approval  of  the  council,  during  the  year 
eighteen  hundred  and   eighty-nine,  one  for  three  years, 
one    for  two   years  and    one   for   one   year,  and   at   the 
expiration  of  their  respective   terms  appointments  shall 
be  for  a  term  of  three  years.        Approved  April  9,  1889. 

Resolve  granting  county  taxes.  CllClV.   61 

Resolved,  That  the  sums  placed  against  the  names  of  g °Jjj"g^ ''^^^^ 
the  several  counties  in  the  following  schedule  are  granted 
as  a  tax  for  each  county  named,  respectively,  to  be  col- 
lected and  applied  according  to  law,  viz.:  —  Berkshire, 
seventy-five  thousand  dollars  ;  Barnstable,  thirteen  thou- 
sand dollars  ;  Bristol,  one  hundred  eighty-three  thousand' 
dollars  ;  Essex,  two  hundred  five  thousand  dollars  ;  Dukes, 
seven  thousand  dollars  ;  Franklin,  thirty-three  thousand 
dollars  ;  Hampden,  ninety-five  thousand  dollars  ;  Hamp- 
shire, forty-two  thousand  dollars  ;  Middlesex,  two  hun- 
dred sixty  thousand  dollars ;  Norfolk,  eighty  thousand 
dollars  ;  Worcester,  one  hundred  fifteen  thousand  dol- 
lars ;  Plymouth,  sixty-five  thousand  dollars. 

Approved  April  12,  1889. 

Resolve  to  provide  for  the  enlargement  of  the  yard  at  QJkij)^  (32 

THE   state   prison   AND   FOR   OTHER   PURPOSES. 

Resolved,  That  there  be  allowed  and  i)aid  out  of  the.  Allowance  for 
treasury  of  the    Commonwealth    the    sum  of  thirty-five  yardltTta'te'' 
thousand  dollars,  to  be  expended  under  the  direction  of '^'"'*°°' ^*'^" 
the  commissioners  of  prisons,  for  the  following  purposes  : 
—  for  the  enlargement  of  the   yard  at  the  state  prison, 
twenty  thousand  dollars  ;  for  the  construction  of  a  build- 


1248 


1889.  — Chapters  63,  64,  65. 


ing  to  be  used  for  the  confinement  of  disabled  and  infirm 
prisoners,  fifteen  thousand  dollars. 

Ap2)roved  April  12,  1889. 

Chap.     63   K,ESOLVE   PROVIDING   FOR  A   NEW   BUILDING   AT  THE   AGRICULTURAL 

EXPERIMENT   STATION. 

ne'wbuudiutat'*  Besolved,  That  there  be  allowed  and  paid  out  of  the 
the  agricultural  trcasurj  of  thc  Commonwcalth  a  sum  not  exceeding  ten 
Btation.  thousand  dollars,  to  be  expended  by  the  board  of  control, 

for  the  purpose  of  erecting  a  suitable  building  and  stock- 
ing it,  and  for  providing  the  necessary  apparatus  and  a 
greenhouse  at  the  agricultural  experiment  station  at  Am- 
herst, to  enable  the  said  board  of  control  to  establish  a 
department  of  vegetable  physiology  for  the  purpose  of 
investigating  the  diseases  of  plants. 

Approved  April  12,  1889. 

Chap.   64  Resolve  in  favor  of  the  towns  of  walpole  and  bridge- 
water. 

townro'f°^  ^^^  Resolved,  That  there  be  allowed  and  paid  out  of  the 
Walpole  and  trcasury  of  the  Commonwealth  to  the  town  of  Walpole, 
the  sum  of  two  hundred  and  thirty-five  dollars,  and  to  the 
town  of  Bridgewater,  the  sum  of  two  hundred  and  sixty- 
five  dollars,  these  amounts  being  due  to  said  towns  for 
their  joint  employment  of  a  superintendent  of  schools 
under  the  provisions  of  chapter  four  hundred  and  thirty- 
,one  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  for  the  period  of  six  months  from  the  first  day  of 
October  in  the  year  eighteen  hundred  and  eighty-eight  to 
the  first  day  of  April  in  the  year  eighteen  hundred  and 
eighty-nine.  Approved  April  17,  1889. 

Chap.   65  Resolve  relative  to  the  twenty- second  day  op  april  in  the 
year  eighteen  hundred  and  eighty-nine. 

i^g^ thai  Aprif "  Resolved,  That  so  much  of  chapter  forty-one  of  the 
•.i2, 1889,  shall  be  rcsolvcs  of  the  year  eighteen  hundred  and  eighty-nine  as 

a  legal  public  .  ,  •'  o  <•      »        •'i      •  i 

holiday,  shall  providcs  that  the  twenty-second  day  ot  April  in  the 
payment  of  ^  prcscut  year  shall  be  a  legal  public  holiday,  the  same 
performance^of  being  the  day  set  apart  for  the  taking  of  the  vote  upon 
contracts.  ^jjg  article   of  amendment  to  the  constitution  forbidding 

the  manufacture  and  sale  of  intoxicating  liquors  to  be 
used  as  a  beverage,  shall  not  affect  the  payment  of  bills 
of  exchange,  drafts  and  promissory  notes,  or  the  perform- 
ance of  contracts,  due  and  payable  or  to  be  performed  on 
that  day,  or  any  legal  proceedings  in  relation  thereto. 

Aj^proved  April  18,  1889. 


1889.  — Chapters  66,  67.  1249 


Resolve  in  favor  of  the  widow  of  lewis  hayden.  ChciT).   66 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  to  the  widow  of  the  late  Hayd^n° 
Lewis  Hayden  who  for  more  than  thirty  years  was  a  mes- 
senger in  the  department  of  the  secretary  of  the  Common- 
wealth, and  who  died  on  the  seventh  of  April,  eighteen 
hundred  and  eighty-nine,  the  sum  of  six  hundred  and 
fifty-seven  dollars  and  fifty  cents,  being  the  amount  of 
salary  he  would  have  received  had  he  lived  to  perform 
service  as  aforesaid  to  the  end  of  the  present  year. 

Approved  April  19,  1889. 


Chap.  61 


Resolve  in  favou  of  certain  settlers  occupying  lands  in 
the  madawaska  territory  affected  by  the  treaty  of 
washington. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of 
treasury  of  the  Commonwealth  the  sum  of  fifteen  hundred  occlfpying'iands 
dollars  and  fifty  cents,  being  for  one-half  of  an  amount  waekaferruory. 
of  money  collected  in  the   years  eighteen   hundred  and 
forty-five  and  eighteen  hundred  and  forty-six  for  timber 
taken  from  preemption  lots,  then  jointly  in  the  possession 
of  the  state  of  Maine  and  the  Commonwealth  of  Massa- 
chusetts, and  paid  over  at  that  time  to  both  states,  to  be 
paid  to  the  following  named  persons,  to  wit :  — 

To  William  Mullen  or  his  heirs  or  assignees,  two  hun- 
dred and  twenty-one  dollars  and  ninety-seven  cents; 
John  and  James  Harford  or  their  heirs  or  assignees, 
seventy-two  dollars  and  ninety-eight  cents ;  Paschal 
Gendeau  or  his  heirs  or  assignees,  twenty  dollars  and 
forty-nine  cents ;  Alexander  Jones  or  his  heirs  or  as- 
signees, thirty-nine  dollars  and  twenty-eight  cents ; 
Francis  Labie  or  his  heirs  or  assignees,  one  hundred 
and  ninety-six  dollars  and  sixty-six  cents ;  Dominique 
Debigh  or  his  heirs  or  assignees,  sixty-three  dollars  and 
fifty-nine  cents ;  Charles  Pelletier  or  his  heirs  or  as- 
signees, thirty-three  dollars  and  ninety  cents ;  John 
Chareth  or  his  heirs  or  assignees,  one  hundred  seventy- 
three  dollars  and  ninety-three  cents ;  Isaac  Yearington 
or  his  heirs  or  assignees,  two  hundred  and  tvyenty-six 
dollars  and  twenty-four  cents  ;  Charles  Bouchard  or  his 
heirs  or  assignees,  forty-four  dollars  and  twenty-five 
cents ;  Thomas  Berabe  or  his  heirs  or  assignees,  ninety- 
three  dollars  and   ninety-nine    cents ;  Louis  Michaud  or 


1250 


1889.  —  Chapters  68,  69,  70. 


Proviso. 


his  heirs  or  assignees,  three  hundred  and  thirteen  dollars 
and  twenty-two  cents  :  provided,  hmvever,  that  no  person 
or  persons  claiming  under  any  assessment  or  assignments 
hereafter  made  of  any  of  the  aforesaid  sums  or  claims 
shall  be  entitled  to  the  benefits  of  this  resolve. 

Approved  April  23,  1889. 


Chap 


QQ  Resolve  to  confirm  the  acts  of  fred  b.  byram  as  justice  of 

THE   PEACE   DESIGNATED   TO   ISSUE   WARRANTS   AND   TAKE   BAIL. 


Fred  B.  Byram, 
justice  of  the 
peace,  desig- 
nated to  issue 
warrants  and 
take  bail,  acts 
confirmed. 


Resolved,  That  all  acts  done  by  Fred  B.  Byram  of 
North  Attleborough  as  a  justice  of  the  peace  designated 
and' commissioned  to  issue  warrants  in  criminal  cases,  aris- 
ing within  the  judicial  district  of  the  first  district  court 
of  Bristol  and  take  bail  therein,  between  the  thirtieth  day 
of  July  in  the  year  eighteen  hundred  and  eighty-seven 
and  the  twenty-sixth  day  of  December  in  the  year  eight- 
een hundred  and  eighty-eight,  are  hereby  confirmed  and 
made  valid  to  the  same  extent  as  though  he  had  been 
during  that  time  qualified  to  discharge  the  duties  of  said 
ofl3ce.  Approved  April  26,  1889. 


ChciV.  69  Resolve  to  provide  for  surveying  lands  of  the   common- 
wealth AT  the  reformatory   PRISON  FOR  WOMEN. 


Survey  of  lands 
at  the  reform- 
atory prison 
for  women. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
hundred  and  fifty  dollars,  to  be  expended  by  the  commis- 
sioners of  prisons  for  surveying  and  placing  bounds  to 
the  lands  of  the  Commonwealth  at  the  reformatory  prison 
for  women  and  for  making  plans  of  said  lands. 

Approved  April  26,  1889. 


Chap 


'J'Q  Resolve   to  provide  for  the  construction  and  furnishing 

OF   A   building    to   BE    USED   AS   A   SCHOOL-ROOM    AT   THE    STATE 
PRISON   IN   BOSTON. 


Allowance  for 
a  school-room 
at  the  state 
prison. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  commissioners  of  prisons  for  the  construction  and  fur- 
nishing of  a  building  to  be  used  as  a  school-room  at  the 
state  prison  in  Boston.  Said  building  shall  be  placed  at 
the  southerly  end  of  the  south  wing  of  said  prison  in  such 
a  manner  as  not  to  obstruct  in  any  way  the  windows  in 
said  south  wing.  Approved  April  26,  1889. 


1889.  — Chapters  71,  72,  73,  74.  1251 


Resolve  providing  for  an  examination  into  the  subject  of  QJiffp^   71 

THE  NET   ASSETS   AND   PERMANENT   FUND  OF   MUTUAL   FIRE   INSUR- 
ANCE  COMPANIES. 

Resolved,  That  the  insurance  commissioner  be  instructed  j^^ssfoner  to""' 
to  examine  into  the  subject  of  the  net  assets  and  perma-  ^ggg|'j°g,""of 
nent  fund  of  mutual   fire  insurance    companies    and  the  mmuaifire 
investment  thereof,  and  to  report  to  the  next  general  court  p°auie""aud 
what  legislation,  if  any,  is  required  in  connection  there-  '"''P""" 
Avith.  Ajwoved  April  26,  1889. 

Resolve  providing  for  printing  the  topographical  map  of  (JJ^q^^  72 
massachusetts. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  MapofMasea- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  '=''"^®"*- 
hundred  dollars,  for  printing  such  number  of  the  wall  map 
of  the  topographical  survey  of  the  Commonwealth,  as  the 
commissioners  with  the  approval  of  the  governor  shall 
deem  necessary,  to  be  distributed  as  follows  :  — one  copy 
to  each  member  of  the  legislature,  the  balance  to  be  at  the 
disposal  of  the  commissioners.       Approved  May  3,  1889. 

Resolve  in  favor  of  Joseph  mordette.  CTinn    7S 

Resolved,  That  Joseph  Mordette,  who  served  in  the  Joseph  Mor- 
United  States  navy  during  the  war  of  the  rebellion,  from  receive'8?a'te\w. 
the  eighth  day  of  May  in  the  year  eighteen  hundred  and 
sixty-one  to  the  thirteenth  day  of  July  in  the  year  eight- 
een hundred  and  sixty-three,  from  and  after  the  first  day 
of  April  in  the  year  eighteen  hundred  and  eighty-nine 
shall  be  eligible  to  receive  state  aid  under  the  provisions, 
rules  and  regulations  of  chapter  thirty  of  the  Public  Stat- 
utes and  of  chapter  thirty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four,  in  the  same  manner 
and  to  the  same  extent  that  he  would  have  been  entitled 
had  he  served  to  the  credit  of  this  Commonwealth. 

Ajjptroved  May  3,  1889. 

Resolve  providing  for  rebuilding  the  barn  at  the  state  nj^f^^    74. 
industrial  school  for  girls.  -^' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Bam  to  be 
treasury   of    the    Commonwealth   a   sum    not    exceeding  [ndusurai*''"^ 
twenty-five  hundred  dollars,  to  be  expended  at  the  state  school  for  girie. 
industrial  school  for  girls  at  Lancaster,  under  the  direc- 


1252 


1889.— Chapter  75. 


Record  of  the 
Maasachusetts 
Volunteers 
declared  unoffi- 
cial. 


tion  of  the  trustees  of  the  state  primary  and  reform 
schools,  for  the  purpose  of  rebuilding  the  barn  at  said 
institution.  Apj^roved  May  5,  1S89. 

Chap.   75  Resolves  declaring  unofficial  the  books  entitled  "  record 
OF  THE  massaculsetts  volunteeus,  1861-1865." 

Whereas,  It  appears  by  the  report  of  the  joint  special 
committee  of  the  general  court  of  the  year  eighteen  hun- 
dred and  eighty-eight,  on  the  subject  of  perfecting  the 
records  of  officers  and  enlisted  men  who  served  in  the 
army  and  navy  during  the  war  of  the  rebellion,  that 
the  two  volumes  entitled  the  "  Record  of  the  Massachu- 
setts Volunteers,  1861-18(55,"  published  by  the  adjutant- 
general  under  authority  of  chapter  ninety-eight  of  the 
resolves  of  the  year  eighteen  hundred  and  sixty-six,  are 
not  sufficiently  correct  to  be  regarded  as  authority  ;  and 

Whei'eas,  8aid  volumes  are  and  have  been  subject  to 
frequent  changes  by  the  action  of  the  war  department  and 
the  adjutant-general's  office,  in  order  that  errors,  clerical 
and  typographical,  may  be  corrected  ;  therefore 

Resolved,  That  the  two  volumes  known  as  the  "  Record 
of  the  Massachusetts  Volunteers,  1861-1865,"  and  pub- 
lished by  the  adjutant-general,  are  hereby  declared  unoffi- 
cial. 

Resolved,  That  the  secretary  of  the  Commonwealth  be 
directed  to  send  a  copy  of  this  resolve  to  James  Hole- 
house,  formerly  of  company  D,  seventh  regiment,  Massa- 
chusetts volunteers,  who  is  erroneously  represented  in 
one  of  said  volumes  as  a  deserter,  and  also  to  send  a  copy 
of  this  resolve  to  the  commander  of  the  department  of 
Massachusetts,  grand  army  of  the  republic,  that  the  in- 
formation may  be  officially  transmitted  to  the  several 
grand  army  posts. 

Resolved,  That  the  adjutant-general  be  directed  to 
notify  the  commander  of  the  department  of  Massachu- 
setts, grand  army  of  the  republic,  of  any  correction  that 
may  hereafter  be  made  in  said  records,  wherein  any 
soldier  or  sailor  has  been,  prior  to  such  correction,  erro- 
neously reported  as  a  deserter,  and  also  to  send  a  notice 
of  such  correction  to  the  last  known  address  of  such  sol- 
dier or  sailor.  Approved  May  8,  1889. 


Copy  of  resolve 
to  be  Bent  to 
James  Hole- 
house. 


Notice  of  cor- 
rections to  be 
sent  to  com- 
mander of 
department  of 
Massachusetts, 
grand  army  of 
the  republic. 


1889.  — Chapters  76,  77,  78,  79.  1253 


Resolve  to  provide  for  new  boilers  and  for  certain  other  n/^^-r),   7g 

REPAIRS  AT  THE  MASSACHUSETTS   REFORMATORY. 

F  Resolved,   That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six  euT,  arthe*' 
thousand  seven  hundred  dollars,  to  be  expended  at  the  ^fonnato'l-y"* 
Massachusetts    reformatory    under   the    direction    of   the 
commissioners  of  prisons,  as  follows:  —  for  the  purchase 
and  setting  of  two  new  boilers,  a  sum  not  exceeding  three 
thousand  dollars  ;  for  supplying  the  officers'  houses  with 
electric  alarms   and  repairing  electric  wires,  a  sum  not 
exceeding  fourteen  hundred  dollars  ;  for  additional  laun- 
dry machinery  and  appliances,  a  sum  not  exceeding  one 
thousand  dollars  ;  for  repairing  the  stockade  fence,  a  sum 
not  exceeding  eight  hundred  dollars  ;  and  for  books  for 
the  library,  a  sum  not  exceeding  five  hundred  dollars. 

Approved  May  8,  1889. 

Resolve  relative  to  examining  and  defining  the  boundary  (JJidj),  77 

LINE    ON    tide-water    BETWEEN    THE   CITY   OF  GLOUCESTER   AND 
THE  TOWN  OF   IPSWICH. 

Resolved,  That  the  harbor  and  land  commissioners  are  Boundary  line 
hereby  directed  to  examine  and  define  the  boundary  line  G^ioTicesier  and 
on  tide-water  between  the  city  of  Gloucester  and  town  ip^^^"^- 
of  Ipswich,  and  to  report  to  the  next  general  court. 

Approved  May  8,  1889. 

Resolve  providing  for  certain  repairs  at  the  state  primary  (Jha^^   78 

SCHOOL   at   MONSON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four  prlmaiVschoo!. 
thousand  dollars,  to  be  expended  for  new  boilers  at  the 
state   primary  school   at  Monson,  under  the  direction  of 
the  trustees  of  said  school.  Approved  May  9,  1889. 

Resolve   providing  for  the    support    and    maintenance    of  njjdY)    79 

SARAH     J.    ROBINSON,    A    PRISONER    IN    JAIL    AT    LOWELL    IN    THE 
county   of  MIDDLESEX. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  support  of 
treasury  of  the   Commonwealth  to   the   treasurer  of  the  in'^eo^n. 
county  of  Middlesex,  for  the  support   and  maintenance 
of  Sarah  J.  Robinson,  a  prisoner  serving  a  life  sentence 
in  the  jail  at  Lowell  in  said  county,  a  sum  not  exceeding 
four  hundred  dollars  for  each  year  that  said  prisoner  shall 


1254 


1889.  —  Chapters  80,  81,  82,  83. 


Chajp 


Report  on  water 
supply  and 
sewerage. 


Clia'p. 


Allowance  for 
repairs  at  West 
borough  insane 
hospital. 


be  supported  by  said  county,  and  a  proportional  part  of 
said  sum  for  any  part  of  a  year  during  which  she  shall 
have  been  or  shall  be  so  supported,  commencing  on  the 
sixteenth  day  of  November  in  the  year  eighteen  hundred 
and  eighty-eight.  Aj)provecl  May  10,  1889. 

8Q  Resolve  providing  for  printing  three  thousand  extra  copies 

OF    THE    report    OF    THE    STATE   BOARD   OF   HEALTH   ON   WATER 
SUPPLY   AND   SEWERAGE. 

Resolved,  That  three  thousand  extra  copies  of  the  report 
of  the  state  board  of  health  on  water  supply  and  sewerage 
for  the  year  eighteen  hundred  and  eighty-eight  be  printed, 
to  be  distributed  under  the  direction  of  said  board. 

Apx)i'oved  May  14,  1889. 

gl  Resolve  providing  for  certain  repairs  at  the  westborough 

INSANE   hospital. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen 
hundred  dollars,  to  be  expended  at  the  Westborough  in- 
sane hosj^ital  at  Westborough  under  the  direction  of  the 
trustees  for  the  following  purposes,  to  wit:  —  a  sum  not 
exceeding  one  thousand  dollars  for  painting  the  out  build- 
ings and  a  sum  not  exceeding  five  hundred  dollars  for 
concreting  the  barn  cellar.  Approved  May  14, 1889. 

Chav.  82  Resolve  providing  for  certain  repairs  and  improvements  at 

the  state  farm  at  bkidgewater. 

Repairs  and  Resolvcd,  That  there  be  allowed  and  paid  out  of  the 

improvements  /.     i        /"■  i    i  t 

at  state  farm  at  trcasury  ot  the  Commonwealth  a  sum  not  exceedmg  seven- 
n  gewaer.  ^^^^  thousaiid  fivc  hundred  dollars,  to  be  expended  at  the 
state  farm  at  Brid^ewater  under  the  direction  of  the  trus- 
tees  and  superintendent  of  said  state  farm  for  the  follow- 
ing purposes,  to  wit:  —  for  the  erection  of  buildings  for 
storage  of  ice,  a  sum  not  exceeding  fifteen  hundred  dol- 
lars ;  for  heating  and  furnithing  the  new  buildings  in 
process  of  construction,  a  sum  not  exceeding  ten  thousand 
dollars  ;  for  moving,  repairing  and  building  addition  to 
the  barn  nearest  the  main  buildings  and  for  the  erection 
of  anew  stable,  a  sum  not  exceeding  six  thousand  dollars. 

Approved  May  21,  1889. 


Chap.  83 


Resolve  in  favor  of  mart  Harrington. 
J^ary  Harring.        Resolved,  That  Maiy  Harrington,  mother  of  Thomas  H. 
receive  state  aid.  Kelly  who  scrvcd   in  the  United  States  navy  during  the 


1889.  — Chapters  84,  85,  86,  87.  1255 

war  of  the  rebellion,  from  and  after  the  first  day  of  April 
in  the  year  eighteen  hundred  and  eighty-nine,  be  eligible 
to  receive  state  aid  under  the  provisions,  rules  and  regu- 
lations of  chapter  thirty  of  the  Public  Statutes  and  chapter 
thirty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  in  the  same  manner  and  to  the  same  extent 
that  she  would  have  been  entitled  if  the  said  Tiiomas  H. 
Kelly  had  served  to  the  credit  of  this  Commonwealth. 

Ajojiroved  May  21,  1889. 

Resolve  in  favor  of  the  soldieks'  messenger  corps.  Chav    84 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealtlw  to  the  disabled  soldiers'  sengercorps. 
employment  bureau,  a  sum  not  exceeding  eight  hundred 
dollars,  the  same  to  be  expended  under  the  direction  of 
the  adjutant-general.     Three  hundred  dollars  of  said  sum 
shall  be  allowed  for  superintendence  of  said  bureau. 

Approved  May  21,  1889. 

Resolve  providing  for   the  payment    of  current  expenses  nhrij)    85 

AT  THE   WESTBOROUGH   INSANE   HOSPITAL.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten  penstsViThe 
thousand    dollars,    for   the    purpose    of  meeting   current  i^MauehoTpuai. 
expenses  at  the  Westborough  insane   hospital  at  West- 
borough  for  the  year  eighteen  hundred  and  eighty-nine, 
the    same  to    be    expended    under  the    direction    of   the 
trustees  of  said  hospital.  A2:)proved  May  21,  1889. 

Resolve  providing  for  additional  furniture  in  the  bureau  njjfiq^    ftfi 
OF  statistics  of  labor.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Bureau  of  staus- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  "''^  °* ''''^°'"- 
hundred  dollars,  for  the  purpose  of  providing  additional 
bookcases,  shelving  and  other  furniture  in  the  bureau  of 
statistics  of  labor ;  to  be  expended  under  the  direction  of 
the  commissioners  on  the  state  house. 

A2:)proved  May  21,  1889. 

Resolve  providing  for  additional  hospital  accommodations  nj^nj)    QT 

FOR   men   at   the   state   ALMSHOUSE   AT  TEWK8BURY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Additional  -  -^ 
treasury  of  the  Commonwealth  a  sum  not  exceeding  modluon^Tr'' 
thirty-five    thousand    dollars,  for  additional  hospital    ac-  Ii"^"8hou8f' 


1256  1889.  —  Chapters  88,  89. 

commodations  for  men  at  the  state  almshouse  at  Tewks- 
buiy,  the  same  to  l^e  expended  under  the  direction  of  the 
trustees  and  superintendent  of  said  state  almshouse,  pro- 
vided that  no  part  of  said  sum  shall  be  expended  until 
plans  for  the  necessary  changes  are  approved  by  the  gov- 
ernor and  council  and  contracts  made  for  the  completion 
of  the  same  for  the  sum  above  named.  The  amt)unt  of 
expenditure  authorized  in  this  resolve  is  to  provide  for 
the  erection  of  a  building  near  the  present  male  hospital 
and  to  make  such  changes  in  said  hospital  as  are  necessary 
to  connect  it  Avith  the  new  structure  above  named. 

Approved  May  21,  1889. 


Chaj). 


88  Resolve  to  provide  for  a  water  supply  at  the  state  camp 
ground  at  south  framingham. 

S^the'stafJ*^^  Resolved,  That  the  quartermaster-general  under  the 
camp  grouud.  dircctiou  of  the  governor  is  hereby  authorized  to  take 
water  to  supply  the  state  camp  ground  at  South  Framing- 
ham,  from  Leonard's  pond  or  from  any  other  source  of 
water  supply  approved  by  the  governor  situated  near  said 
camp  ground,  and  to  lay  pipes  to  said  pond  over  and 
through  adjoining  lands  ;  and  that  there  be  allowed  and 
paid  out  of  the  treasury  of  the  Commonwealth  a  sum  not 
exceeding  sixty-five  hundred  dollars,  to  be  expended  for 
building  tanks,  laying  pipes  and  erecting  buildings  for 
bathing  and  other  purposes.         Approved  May  23,  1889. 


Chap.   89  Resolve  in  favor  of  theoboke  e.  da  vis. 

i"heodoreE.  Rcsolved,  That  there  be  allowed  and  paid  to  Theodore 

Davis.  ]?;_  Davis  of  Washington    in    the    district   of  Columbia, 

agent  for  the  Commonwealth  for  prosecuting  claims 
against  the  United  States  arising  under  the  act  of  con-: 
gress  approved  on  the  twenty-seventh  day  of  July  in  the 
year  eighteen  hundred  and  sixty-one,  also  an  act  approved 
on  the  seventh  day  of  July  in  the  year  eighteen  hundred 
and  eighty-four,  a  commission  of  twenty-tive  per  cent,  on 
the  coast  defence  claim,  so  called,  which  shall  be  in  full 
compensation  for  services  and  expenses,  and  which  shall 
be  paid  from  any  amount  so  collected  and  paid  into  the 
treasury  of  the  Commonwealth ;  the  payment  of  this 
commission  shall  apply  to  amounts  heretofore  collected 
and  paid  into  said  treasury  by  said  Davis  as  well  as  to  all 
future  collections.  Approved  May  29,  1889. 


1889.  — Chapters  90,  91,  92.  1257 


Resolve  providing  for  repairs  on   the    boarding-house  at  niiQ/n^  9Q 

THE   STATE  NORMAL   SCHOOL   AT   BRIDGEWATER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  noma!  school  at 
thousand  five  hundred  dollars,  to  be  expended  at  the  state  ^ndgewater. 
normal  school  at  Bridgewater  under  the  direction  of  the 
state  board  of  education,  for  the  following  purposes  :  —  for 
repairing  the  boarding-house  at  said  school  belonging  to 
the  Commonwealth.  Approved  June  3,  1889. 

Resolve  in  favor  of  minot  amsden.  Chctn.   91 

Resolved,  That  Minot  Amsden,  father  of  Albert  D.  ^i^^°i,',e'\'^"^''° 
Amsden  formerly  a  member  of  the  third  Massachusetts  recljive  state  aid. 
cavalry,  and  who  died  at  New  Orleans  on  the  thirteenth 
of  May  in  the  year  eighteen  hundred  and  sixty-two,  shall, 
from  and  after  the  first  day  of  May  in  the  year  eighteen 
hundred  and  eighty-nine,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  regulations  of  chapter 
thirty  of  the  Public  Statutes  and  of  chapter  thirty-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-four,  in 
the  same  manner  and  to  the  same  extent  that  he  would 
have  been  entitled  had  he  been  in  receipt  of  state  aid 
during  the  year  eighteen  hundred  and  sixty-six. 

Approved  June  4,  1889. 

Resolve  providing  for  remodelling  and  enlarging  the  state  (JIk^j)     92 

NORMAL   school  AT   BRIDGEWATER   AND   FOR   THE   ERECTION   OF  A 
NEW   BUILDING. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  eni'argrug"etc" 
hundred  and  fifty  thousand  dollars,  to  be  expended  at  the  gchoofat""'™''' 
state  normal  school  at  Bridgewater  under  the   direction  Bridgewater. 
of  the   state  board   of  education,  for  the  following  pur- 
poses, to  wit:  —  for  reconstructing,  remodelling  and  en- 
larging; the  school  building  or  for  erecting  a  new  school 
building,  for  removing  such  portions  of  the  old  building 
as  may  be  necessary,  for  heating,  plumbing  and  ventila- 
tion, for  architects  commission  and  expenses,  and  for  all 
necessary  expenses  for  furnishing  said  building  for  the 
use  of  the  school :  provided,  hoioever,  that  no  part  of  the  Provisos. 
sum  herein  named  shall  be   expended,  until   plans   shall 
have   been  submitted  to  the  governor  and  council  which 
will  satisfy  them  that  the  expenditure  herein  authorized 


1258  1889.  —  Chapters  93,  94. 

will  not  exceed  the  amount  stated  in  this  resolve  ;  and 
provided,  further,  that  no  larger  sum  than  seventy-five 
thousand  dollars  shall  be  expended  during  the  year 
eighteen  hundred  and  eighty- nine. 

Ajyproved  June  4,  1889. 

Cho/p.  93  Resolves  providing  for   the  purchase  of  a  site  for  a  new 

SCHOOL  BUILDING  OR  FOB  THE  ENLARGEMENT  OF  THE  PRESENT 
SITE,  AND  FOR  THE  ERECTION  OF  A  NEW  SCHOOL  BUILDING  FOR 
THE   STATE   NORMAL   SCHOOL   AT  WESTFIELD. 

4wI<fhoo/°'' ^      Resolved,  That  the  board  of  education  be  and  is  hereby 
building,  etc.,     authorized  to  purchase  and  receive  o-rants  of  land  in  West- 

fit  tne  stiitc  ^ 

normal  school  at  field,  lu  suitablc  quantity,  in  the  name  of  the  Common- 
oroug  .     ^gj^it^j^^  fQj.  ^i^g  gj^g  Qf  ^  j^g^  normal  school  building  for 

the  use  of  the  Westfield  state  normal  school  or  for  the 
enlargement  of  the  present  site  ;  and  to  erect  on  one  of 
said  sites  a  new  school  building  for  the  use  of  said  school, 
and  to  furnish  the  same  with  necessary  appurtenances  and 
apparatus.  The  sum  of  one  hundred  and  fifty  thousand 
dollars  is  hereby  appropriated  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  and  to  be  expended  under 

Provisos.  the   direction  of  the   board   of  education  :  j^rovided,  that 

no  larger  sum  than  seventy-tive  thousand  dollars  shall  be 
expended  during  the  year  eighteen  hundred  and  eighty- 
nine  ;  and  provided,  further,  that  no  part  of  the  sum 
herein  named  shall  be  expended  until  plans  shall  have 
been  submitted  to  the  governor  and  council  which  will 
satisfy  them  that  the  expenditure  herein  authorized  will 
not  exceed  the  amount  stated  in  this  resolve. 

bifidingsmay"'^  Hesolved,  That  the  board  of  education  are  hereby 
authorized,  in  case  a  new  site  shall  be  purchased  for  the 
use  of  said  school  and  a  new  building  shall  be  erected 
thereon,  to  sell  the  present  site  and  building  used  by  said 
school  and  to  pay  the  proceeds  into  the  treasury  of  the 
Commonwealth.  Ajjproved  June  5,  1889. 

Chap.   94  Resolve  providing   for  the    purchase  of    additional    real 

ESTATE   BY   THE   TRUSTEES   OF   THE   TAUNTON   LUNATIC   HOSPITAL. 

^duTo1?aiVe°a^i        Resolved,  That  there  be  allowed  and  paid  out  of  the 

TaSnton 'lunatic  trcasury    of   thc    Commonwealth    a    sum    not    exceeding 

hospital.  eighteen  hundred  dollars,  to  be  expended  at  the  Taunton 

lunatic  hospital  under  the  direction  of  the  trustees  thereof 

for  the  purchase  of  additional  real  estate. 

Approved  June  5,  1889. 


be  sold. 


1889.  — Chapters  95,  96,  97,  98.  1259 


Resolve  in  favor  op  flobence  w.  adams.  Chap.  95 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of 
treasury  of  the  Commonwealth  to  Florence  W.  Adams,  Adams. 
the  sum  of  four  hundred  and  tifty  dollars,  to  compensate 
her  for  the  loss  of  pay  while  she  was  disabled  by  sickness 
brought  on  by  overwork  in  the  office  of  the  commissioner 
for  compiling  the  laws  of  the  province  of  Massachusetts 
bay.  Approved  June  5,  1889. 

Resolve  in  favor  of  eliza  murphy.  Chai).   96 

Resolved,  That  Eliza  Murphy,  mother  of  James  J.  f,|!fihi^loP^^ 
Murphy  who  was  a  private  in  battery  F,  fourth  United  receive  state  aid. 
States  artillery,  during  the  war  of  the  rebellion,  and  was 
honorably  discharged  therefrom  and  has  since  died,  shall, 
from  and  after  the  fifteenth  day  of  May  in  the  year  eight- 
een hundred  and  eighty-nine,  be  eligible  to  receive  state 
aid  under  the  provisions,  rules  and  limitations  of  chapter 
three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  to  the  same  extent  that  she 
would  have  been  entitled  had  her  son  served  to  the  credit 
of  this  Commonwealth.  Approved  June  5,  1889. 


Resolve  relative  to  examining  and  defining  the  boundary 
line    on    tide-water    between   the    towns    of    essex    and 


ChaiJ.  97 

IPSWICH. 

Resolved,  That  the  harbor  and  land  commissioners  are  Boundary  une 
hereby  directed  to  examine  and  define  the  boundary  line  wichTnVEasex. 
on  tide-water  between  the  towns  of  Essex  and  Ipswich, 
and  to  report  to  the  next  general  court. 

Approved  June  6,  1889. 

Resolve  in  favor  of  simon  b.  tuesley.  Ohnrt    9S 

Resolved,  That  Simon  B.  Tuesley,  a  citizen  of  Boston,  simonB. 
Massachusetts,  who  enlisted  in  the  first  corps  of  cadets,  ^oTecefve^sut^e'^ 
Massachusetts    volunteer    militia,    June    sixth,    eighteen  ''''^• 
hundred  and   sixty-two,   and   served   until  July   second, 
eighteen  hundred  and  sixty-two,  shall,  from  and  after  the 
first  day  of  June  in  the  year  eighteen  hundred  and  eighty- 
nine,  be  eligible  to  receive  state  aid  under  the  provisions, 
rules  and  limitations  of  chapter  three  hundred  and  one  of 
the  acts  of  the  present  year,  in  the  same  manner  and  to 
the  same  extent  that  he  would  have  been  entitled  had  he 
served  to  the  credit  of  Massachusetts. 

Approved  June  6,  1889. 


1260 


1889.  —  Chapters  99,  100,  101,  102. 


Chap.  99 

Frances  M. 
Wilbar  eligible 
to  receive  state 
aid. 


Chap. 


Resolve  in  favor  of  Frances  m.  wilbar. 

Resolved,  That  Frances  M.  Wilbar,  widow  of  Charles 
C.  Wilbar  who  served  as  an  acting  ensign  in  the  United 
States  navy  during  the  war  of  the  rebellion  and  was  a 
resident  of  the  Commonwealth  of  Massachusetts  at  the 
time  of  his  appointment,  shall,  from  and  after  the  first  day 
of  June  in  the  year  eighteen  hundred  and  eighty-nine,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules  and 
limitations  of  chapter  three  hundred  and  one  of  the  acts  of 
the  present  year,  in  the  same  manner  and  to  the  same 
extent  that  she  would  have  been  had  the  said  Charles  C. 
Wilbar  served  to  the  credit  of  Massachusetts. 

Apjjroved  Juyie  6,  1889. 


\0Q  Resolve  providing   for  certain  repairs   and  improvements 

AT  THE   STATE   HOUSE. 


Repairs  at 
state  house. 


Chap. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen 
hundred  dollars,  to  be  expended  under  the  direction  of 
the  commissioners  on  the  state  house,  for  repairs^  and 
improvements  at  the  state  house. 

Approved  June  6,  1889. 


101  Resolve  to  provide  for  the  establishment  of  an  industrial 
school  at  the  massachusetts  reformatory  and  for  other 
purposes. 


Industrial 
school  at  the 
Massachusetts 
reformatory. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  the  sum  of  seven  thousand 
dollars,  to  be  expended  at  the  Massachusetts  reformatory 
under  the  direction  of  the  commissioners  of  prisons  for  the 
following  purposes  :  —  for  the  estalilishment  of  an  indus- 
trial school,  five  thousand  dollars  ;  for  preparing  a  dining- 
room  for  prisoners  in  the  first  grade  and  for  the  purchase 
of  furniture  for  the  same,  a  sum  not  exceeding  two  thou- 
sand dollars.  Approved  June  6,  1889. 


(7Aft79.102  Resolve  providing  for  certain  expenses  of  the  state  board 

OF  lunacy  and  charity. 


Expenses  of 
state  board  of 
lunacy  and 
charity. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  for  the  payment  of  certain  bills  already 
incurred  for  legal  and  stenographic  services,  and  for  the 
general  expenses  of  said  board,  also  for  codifying,  print- 


1889.  — Chapters  103,  104.  1261 

ing  and  distributing  to  the  overseers  of  the  poor  of  the 
several  cities  and  towns  in  the  Commonwealth  and  to 
the  superintendents  of  the  various  public  and  private 
charitable  institutions  a  pamphlet  edition  of  the  laws  of 
the  Commonwealth  in  relation  to  the  same.  The  amount 
herein  named  shall  be  in  addition  to  the  sura  allowed  the 
present  year  for  expenses  of  said  state  board  of  lunacy 
and  charity.  Approved  June  6,  1889. 


Chap.103 


Resolve  providing  for  the  further  collection  and  pres- 
ervation OF  THE  public  RECORDS  OF  THE  PARISHES,  TOWTSfS 
AND   COUNTIES   OF   THE   COMMONWEALTH. 

Resolved,  That  the  commissioner  appointed  under  the  collection  and 
provisions  of  chapter  sixty-five  of  the  resolves  of  the  the  public 
year  eighteen  hundred  and  eighty-four  is  hereby  directed  prnshea? towns 
to  take  sucli  action  as  may  be  necessary  in  order  to  com-  '*"''  <^o""'i'^«- 
plete  the  work  begun  under  said  chapter,  and  to  put  the 
public  records  of  the  parishes,  towns  and  counties  of  the 
Commonwealth  in  the  custody  and  condition  contemplated 
by  the  various  laws  relating  to  such  records,  and  in  order 
to  secure  their  preservation.  He  shall  be  provided  with 
an  office  in  some  suitable  place  in  the  city  of  Boston,  and 
he  shall  make  a  report  in  writing  to  the  legislature  in 
January  of  each  year  of  the  results  of  his  labors  in 
accordance  herewith.  The  said  commissioner  shall,  for 
such  period,  not  exceeding  three  j'ears,  beginning  with  the 
first  day  of  March  in  the  present  year,  as  the  governor 
and  council  may  determine,  receive  such  compensation 
as  may  be  fixed  by  them  ;  and  he  may  expend  such  sums 
for  travelling,  clerical  and  other  expenses  necessar}''  in 
the  performance  of  his  duties  as  the  governor  and  council 
may  approve  ;  but  the  total  expenditures  under  this  re- 
solve shall  not  in  any  one  year  exceed  four  thousand 
dollars.  Approved  June  7,  1889. 

Resolves  providing  for  the  publication  of  the  early  acts  n]ia7).\04: 

AND  resolves  OV   THE  GENERAL  COURT. 

Resolved,  That   the    secretary    of  the    Commonwealth  fesoive''3°oVthe 
shall    cause  to  be  collated,  indexed   and  published    in  a  general  court  to 

,  ...  ,  .  1-1,11  11  11     1      be  collated  and 

style  similar  to  that  in  which  the  blue  books,  so  called,  published. 
are  now  published,  all  the  acts  and  resolves  of  the  general 
court  from  the  adoption  of  the  constitution  to  the  year 
eighteen  hundred  and  six,  together  with  such  portion  of 
the  acts  and  resolves  of  that  year  as  he  may  find  neces- 


Distribution. 


1262  1889.  — Chapter  105. 


sary  in  order  to  make  such  publication  complete  to  the 
time  when  full  publication  of  the  acts  and  resolves  have 
already  been  made ;  and  that  in  the  numbering  of  the 
said  acts  and  resolves  the  numbering  hitherto  adopted 
shall  be  followed  so  far  as  practicable. 

Resolved,  That  the  number  of  copies  so  to  be  printed 
shall  be  one  thousand,  and  that  the  said  copies  shall  be 
distributed  as  follows  :  —  one  hundred  copies  for  the  use 
of  the  various  state  offices  and  committee  rooms  and  for 
the  two  houses  of  the  legislature  ;  one  copy  to  each  of 
the  judges  of  the  supreme  judicial  and  superior  courts 
and  each  judge  of  probate  and  insolvency ;  six  copies  for 
the  state  library ;  one  copy  to  each  city  and  town  in  the 
Commonwealth,  to  be  placed  in  the  city  or  town  library 
when  such  library  exists  therein  ;  one  copy  to  each  public 
and  incorporated  library  in  the  Commonwealth  other  than 
a  city  or  town  library ;  one  copy  to  each  registry  of 
deeds  ;  one  copy  to  the  clerk  of  the  courts  in  each  county  ; 
fifty  copies  to  be  retained  in  the  office  of  the  secretary  of 
the  Commonwealth ;  and  the  remaining  copies  to  be  dis- 
posed of  by  the  secretary  of  the  Commonwealth  to  indi- 
vidual purchasers  at  cost,  the  money  received  therefor  to 
be  paid  into  the  treasury  of  the  Commonwealth  :  2)ro- 
vided,  that  no  copies  shall  be  sold  for  the  purposes  of 
re-sale.  The  secretary  shall  cause  to  be  attached  to  the 
inside  of  the  cover  of  each  copy  delivered  by  him  to  any 
such  public  officer  a  paper  stating  that  such  copy  is  for 
the  use  of  his  office  and  is  to  be  transmitted  by  the  pres- 
ent incumbent  at  the  expiration  of  his  term  of  office  to 
his  successor  in  such  office.  Approved  June  7,  1889. 


C help. 105  Resolve  relative  to  an  investigation  of  the  various  methods 

OF  INFLICTING   THE    DEATH   PENALTY. 

me'ihodfofTn"^  ^^solved,  That  chapter  one  hundred  of  the  resolves  of 
death^entit  ^^^  ^^^^  eighteen  hundred  and  eighty-eight  is  hereby 
amended  so  as  to  read  as  follows: — Resolved,  That  the 
commissioners  of  prisons  be  instructed  to  investigate  the 
various  methods  of  inflicting  the  death  penalty,  and  report 
the  result  of  their  investicjations  to  the  oreneral  court  for 
the  year  eighteen  hundred  and  ninety. 

Ai^proved  June  7,  1889. 


1889.  — Chapters  106,  107,  108.  1263 


Resolve  providing  for  an  investigation  by  the  state  board  (Jhnif  106 
OF  education  into  the  subject  of  technical  instruction  in 

SCHOOLS. 

Resolved,  That  the  state  board  of  education  be  and  they  investigation 
are  hereby  requested  to  investigate  in  their  discretion  the  techni^afeduca. 
condition  of  all  schools  and  institutions  in  which  the  in-  "°° '"  ''^°*'"- 
struction  given  is  technical  in  whole  or  in  part,  with  a  view 
to  ascertaining  the  character  and  completeness  of  the  edu- 
cation received  in  such  schools  or  institutions,  and  report 
to   the  next  general  court  the  result  of  their  investiga- 
tions and  what  additional  legislation,  if  any,  is  necessary 
to  provide  such  instruction  in  the  common  schools  of  this 
Commonwealth.  Approved  June  7,  1889. 


Ckap.107 


Resolve  providing  for  building  a  house   for  the  dead  at 
the  westborough  insane  hospital. 

Resolved,  That  there  be  allow^ed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  derrat°west- 
thousand   dollars,   to  be  expended  at  the   Westborough  ^°^°;'t|^;"'^''^ 
insane  hospital  under  the  direction  of  the  trustees  thereof 
for  building  a  house  for  the  dead. 

Approved  June  7, 1889. 

Resolve  providing  for  the  expenses  and  for  the  erection  (Jhnj)  1 08 
OP  monuments  in  connection  with   the   establishment  of 

the      boundary      line      between      MASSACHUSETTS      AND      NEW 
HAMPSHIRE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Monuments  at 
ury  of  the  Commonwealth  a  sum  not  exceeding  three  thou-  bet^ween  Massa- 
sand  dollars,  for  the  purpose  of  paying  outstanding  bills,  New°Hamp'i 
erecting  new  monuments  and  otherwise   carrying  out  the  ^^i^^^- 
recommendations  of  the  commissioners  appointed  under 
the  authority  of  chapter  seventy-three  of  the  resolves  of 
the  year  eighteen  hundred  and  eighty-five  for  ascertaining 
and    establishing   the    true    jurisdictional    boundary    line 
between  the  Commonwealth  and  the  state  of  New  Hamp- 
shire ;    and   said   commissioners   are   authorized    to    erect 
such  new  monuments  as  they  shall  deem    necessary  for 
marking  the   line  so   recommended,  in   accordance  with 
their  report  to  the  general  court  at  its  present  session. 

Approved  June  7,  1889. 


1264  1889.  — Chapters  109,  110,  111,  112. 


(7ArtW.109  Resolve  in  favor  of  george  eldridge. 

Gemgemd-  Resolved,  That  there  be  allowed  and  paid  out  of  the 

"dge.  treasury  of  the  Commonwealth    to    George    Eldridge,  a 

member  elect  from  the  second  Barnstable  district,  the 
sum  of  seven  hundred  and  fifty  dollars,  the  amount  said 
Eldridge  would  have  been  entitled  to  had  he  qualified  and 
served  as  a  member  of  the  general  court  during  the 
present  session.  "        Approved  June  7,  1889. 

CJlCip.WO  Resolve  in  relation  to  the  publication  of  the  provincial 

LAWS. 

fh"e^provinciaf         Resolved,  That  there  be  allowed  and  paid  out  of  the 
laws.  treasury  of  the  Commonwealth,  subject  to  the  approval  of 

the  governor  and  council,  who  shall  require  annual  reports 
of  the  condition,  progress  and  cost  of  the  work,  a  sum  not 
exceeding  eleven  thousand  one  hundred  and  forty-five 
dollars,  for  the  purpose  of  continuing  the  preparation  for 
publication  and  for  the  publication  of  the  provincial  laws 
during  the  year  eighteen  hundred  and  eighty-nine,  as 
provided  in  chapter  forty-three  of  the  resolves  of  the 
year  eighteen  hundred  and  sixty-five  and  chapter  eighty- 
seVen  of  the  resolves  of  the  year  eighteen  hundred  and 
sixty-seven,  but  subject  to  the  provisions  and  limitations 
embraced  in  chapter  fifty-six  of  the  resolves  of  the  year 
eighteen  hundred  and  eighty-four. 

Approved  Jtme  7,  1889. 

Cll(l'p.\W  Resolve  relative  to  an  investigation  by  the  state  board 

OF    HEALTH    OF    PONDS,    LAKES,   STREAMS    OR    OTHER    BODIES    OF 
WATER   USED    AS   ICE   SUPPLIES. 

Further  time  Resolved,  That  the   state  board   of  health  be  granted 

for  investigation    »,.  ,.  ^  ^   •  !>      \  ^ 

allowed.  further  tmie  in  which  to  report  on  the  subject  of  the  pol- 

lution of  ponds,  lakes,  streams  or  other  bodies  of  water 
used  as  ice  supplies  in  this  state,  and  that  report  on  the 
same  be  made  to  the  next  general  court. 

Approved  June  7,  1889. 

(Jhap.W2i  Resolve   in  favor  of  the    state  normal   school  at   fram- 

INGHAM. 

stLteM'rmaf^        R^solved,  That  there  be  allowed  and  paid  out  of  the 
school  at  treasury    of    the    Commonwealth    a    sum    not   exceeding 

twenty-eight  thousand  two  hundred  and  fifty-eight  dol- 
lars, for  the  purpose  of  furnishing  the  new  building  of 


1889.  — Chapter  112.  •  1265 

the  state  normal  school  at  Framingham  and  providing  it  fcfoorat  Frim- 
wilh  heating  apparatus,  water  supply,  proper  facilities  for  sugham. 
the  disposal  of  sewage,  and  such  other  details  as  may  be 
necessary  to  put  said   building  in   proper   condition  for 
use  ;  the  said  amount  to  be  expended  under  the  direction 
of  the  state  board  of  education.     A2)2yroved  June  7,  1889. 


1266  Proposed  Amendments  to  the 


PROPOSED  AMENDMENTS  TO  THE 
CONSTITUTION. 


Amendments  to  The  following  proposed  Articles  of  Amendment  to  the  Constitu- 
proposed''"'^°°  *^°"  °^  ^^^^  Commonwealth  have  been  officially  certified  and  depos- 
ited in  the  Secretary's  Dej^artment,  as  required  by  chapter  2,  section 
32,  of  the  Public  Statutes,  and  if  agreed  to  by  the  General  Court 
next  to  be  chosen,  in  the  manner  provided  by  the  Constitution,  must 
be  submitted  to  the  jjeople  for  their  ratification  or  rejection  :  — 

Resolve  providing  for  an  amendment  of  article  tvtenty- 
eight  of  the  amendments  to  the  constitution  relative 
to  soldiers  and  sailors  exercising  the  right  of  franchise. 

th^conTtit!i\ion  Resolved,  That  it  is  expedient  to  alter  the  Constitution 
proposed,  reia-  of  this  Comnionwealth  by  the  adoption  of  the  subjoined 
and  sailors  ai'ticle  of  amendment;  and  that  the  said  article,  being 
righTof"^*^^  agreed  to  by  a  majority  of  the  Senators  and  two-thirds  of 
franchise.  ^j^g  members  of  the  House  of  Representatives  present  and 

voting  thereon,  be  entered  on  the  journals  of  both  Houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
General  Court  next  to  be  chosen  ;  and  that  the  said  arti- 
cle be  published,  to  the  end  that  if  agreed  to  in  the  man- 
ner provided  by  the  Constitution,  by  the  General  Court 
next  to  be  chosen,  it  may  be  submitted  to  the  people  for 
their  approval  and  ratification,  in  order  that  it  may  become 
a  part  of  the  Constitution  of  the  Commonwealth. 

ARTICLE    OF    AMENDMENT. 

Article  twenty-eight  of  the  Amendments  of  the  Consti- 
tution is  hereby  amended  by  striking  out  in  the  fourth 
line  thereof  the  words  "being  a  pauper",  and  inserting 
in  place  thereof  the  words  :  — receiving  or  having  received 
aid  from  any  city  or  town,  —  and  also  by  striking  out  in 
said  fourth  line  the  words  "  if  a  pauper",  so  that  the  arti- 
cle as  amended  shall  read  as  follows  :     Article  XXVUI. 


Constitution.  1267 

No  person  having  served  in  the  army  or  navy  of  the 
United  States  in  time  of  war,  and  having  been  honorably 
discharged  from  such  service,  if  otherwise  qualified  to 
vote,  shall  be  disqualified  therefor  on  account  of  receiving 
or  having  received  aid  from  any  city  or  town,  or  because 
of  the  non-payment  of  a  poll  tax. 

House  of  Kepresentatives,  March  27,  1889. 
The  foregoing  Article  of  Amendment  is  agreed  to,  two- 
thirds  of  the  members  of  the  House  of  Representatives 
present  and  voting  thereon  having  voted  in  the  affirma- 
tive ;  and  the  same  is  referred  to  the  General  Court  next 
to  be  chosen. 

William  E.  Barrett,  Speaker. 

Senate,  April  3,  1889. 
The  foregoing  Article  of  Amendment  is  agreed  to,  a 
majority  of  the  Senators  present  and  voting  thereon  having 
voted  in  the  affirmative  ;  and  the  same  is  referred  in  con- 
currence to  the  General  Court  next  to  be  chosen. 

Harris  C.  Hartwell,  President. 

Resolve  providesig  for  an  amendment  to  the  constitution 
to  prevent  the  disfranchisement  of  voters  because  of 
a  change  of  residence  within  the  commonwealth. 

Resolved^  by  both  Houses,  That  it  is  expedient  to  alter  Araendmentto 
the  Constitution  of  the  Commonwealth  by  the  adoption  iX^oS'to""" 
of  the  subjoined  article  of  amendment ;  and  that  the  said  SJgYrancWse 
article,  being  agreed  to  by  a  majority  of  the  Senators  and  ment  of  voters 
two-thirds  of  the  members  of  the  House  of  Representa-  changrof 
tives    present   and    voting   thereon,    be    entered    on   the  ^^^^^^^'^^' 
journals  of  both  Houses,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  General   Court  next  to  be 
chosen  ;  and  that  the  said  article  be  published,  to  the  end 
that  if  agreed  to  in  the  manner  provided  by  the  Constitu- 
tion, by  the  General  Court  next  to  be  chosen,  it  may  be 
submitted  to  the  people  for  their  approval  and  ratification, 
in  order  that  it  may  become  a  part  of  the  Constitution  of 
the  Commonwealth. 

article  of  amendment. 

No  person,  otherwise  qualified  to  vote  in  elections  for 
governor,  lieutenant-governor,  senators,   and   representa- 


1268  Proposed  Amendments  to  the 

tives,  shall,  l)y  reason  of  a  change  of  residence  within  the 
CommonNYealth,  be  disqualitied  from  voting  for  said  officers 
in  the  city  or  town  from  which  he  has  removed  his  resi- 
dence, until  the  expiration  of  six  calendar  months  from 
the  time  of  such  removal. 

House  of  Representatives,  April  3,  1889. 

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

William  E.  Barrett,  Sjieaker. 

Senate,  April  12,  1889. 

The  foregoing  Article  of  Amendment  is  agreed  to,  a 
majority  of  the  Senators  present  and  voting  thereon  having 
voted  in  the  affirmative  ;  and  the  same  is  referred  in  con- 
currence to  the  General  Court  next  to  be  chosen. 

Harris  C.  Hartwell,  President. 

Resolve  providing  for  an  amendment  to  the  constitution 
WITH  regard  to  disenfranchising  voters  as  a  punishment 

FOR   crime. 

Amendment  to        Resolved,  bv  botli  Houscs,  That  it  is  expedient  to  amend 

the  Conetitution      ,        ^-^  .  ."^  n    ^        /^  i    i     i  i  i  •  c 

proposed,  with  the  Constitutiou  01  the  Commonwealth  by  the  adoption  or 
frfnchis^ug^*^"'  the  subjoincd  article  of  amendment ;  and  that  the  said 
pu*ni™hment  article,  being  agreed  to  by  a  majority  of  the  Senators  and 
for  crime.  two-thii'ds  of  the  mcmbcrs  of  the  House  of  Representatives 

present  and  voting  thereon,  be  entered  on  the  journals  of 
both  Houses,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  General  Court  next  to  be  chosen  ;  and  that 
said  article  be  published,  to  the  end  that  if  agreed  to  by 
the  General  Court  next  to  be  chosen,  in  the  manner  pro- 
vided by  the  Constitution  of  the  Commonwealth,  it  may 
be  submitted  to  the  people  for  their  approval  and  ratifica- 
tion, in  order  that  it  may  become  a  part  of  the  Constitu- 
tion of  the  Commonwealth. 

article  of  amendment. 

The  General  Court  may  enact  laws  excluding  from 
suffrage,  for  a  term  not  exceeding  ten  years,  all  persons 
convicted  of  crimes  against  the  elective  franchise,  and 
infamous  crimes. 


Constitution^.  1269 

Senate,  May  2,  1889. 

The  foregoing  Article  of  Amendment  is  agreed  to,  a 
majority  of  the  Senators  present  and  voting  thereon  having 
voted  in  the  affirmative  ;  and  the  same  is  referred  to  the 
General  Court  next  to  be  chosen. 

Hakris  C.  Hartwell,  President. 

House  of  Eepresentatives,  May  9,  1889. 

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

William  E.  Barrett,  Speaker, 


1270 


Resolutions. 


RESOLUTIONS. 


Protection  of 
Provincetown 
harbor. 


Resolutions  relative  to  the  protection  of  provincetoavn 
harbor  by  the  construction  of  a  permanent  dike  across 
the  western  portion  thereof. 

Whereas,  Provincetown  Harbor  in  this  Commonwealth 
is  in  imminent  danger  of  serious  and  almost  irreparable 
injury  from  the  continued  inroads  of  drifting  sand  and 
from  the  threatened  breach  b}^  the  sea  of  Long  Point,  the 
narrow  sandy  barrier  forming  the  Avestern  terminus  of  the 
harbor ;  and 

Whereas,  Provincetown  Harbor  is  one  of  the  largest, 
safest,  and  most  commodious  harbors  on  the  Atlantic 
coast  of  the  United  States,  and  its  protection  and  preser- 
vation is  a  matter  of  national  importance  and  properly 
within  the  jurisdiction  of  the  United  States  ; 

Resolved,  That  the  accompanj^ing  memorial,  addressed 
to  the  Honora1)le  Senate  and  House  of  Representatives  in 
Congress  assembled,  be  signed  hy  the  president  of  the 
Senate  and  by  the  Speaker  of  the  House  of  Representa- 
tives, and  that  the  secretary  of  the  Commonwealth  is 
hereby  instructed  to  transmit  copies  of  the  accompanying 
memorial  to  the  presiding  officers  of  both  houses  of  Con- 
gress, to  the  senators  and  members  of  Congress  from  this 
Commonwealth,  and  to  the  secretary  of  war  at  Washing- 
ton, D.  C. 

In  House  of  Representatives,  adopted  April  5,  1889. 

In  Senate,  adopted  in  concurrence,  April  10,  1889. 


Memorial  to 
Congress. 


MEMORIAL. 

To  the  Honorable  Senate  a?id  House  of  Representatives  in  Congress 
assembled :  — 

The  Senate  and  House  of  Representatives  of  the  Com- 
monwealth of  Massachusetts,  in  General  Court  assembled, 
present  this  memorial :  — 


Eesolutions.  1271 

1.  Provincetown  Harbor,  at  the  extremity  of  Cape  Memorial. 
Cod  in  the  Commonwealth  of  Massachusetts,  is  the  only 
harbor  of  refuge  open  to  sea-going  vessels  between  Vine- 
yard Sound  and  Boston  Harbor.  The  harbor  is  com- 
modious and  completely  land-locked,  affording  a  safe 
anchorage  for  thousands  of  vessels  at  one  time,  and  is  one 

of  the  largest  and  most  easily  accessible  harbors  on  the 
Atlantic  coast  of  the  United  States.  The  harbor  is  con- 
tinually used  by  sea-going  vessels.  A  careful  record  kept 
l)y  the  keeper  of  Wood  End  Light  House,  near  the 
entrance  to  the  harbor,  show^s  that  during  the  years 
eighteen  hundred  and  seventy-six,  eighteen  hundred  and 
seventy-seven  and  eighteen  hundred  and  seventy-eight, 
when  the  keeping  of  the  record  was  required  by  the 
officers  of  the  United  States,  twenty-three  thousand  eight 
hundred  and  sixteen  sea-going  vessels  passed  in  and  out 
of  Provincetown  Harbor,  of  which  number  eleven  hundred 
and  seventy-live  were  steamers.  The  number  of  vessels 
usino-  the  harbor  has  not  decreased  since  eighteen  hundred 
and  seventy-eight.  Apart  from  its  importance  as  a  har- 
bor of  refuge,  Provincetown  is  the  home  port  of  a  fleet 
that  lands  at  Provincetown  a  fishery  product  exceeding  in 
value  eight  hundred  thousand  dollars  annually. 

2.  Provincetown  Harbor  is  semi-circular  in  form,  with 
sandy  shores,  the  western  half  of  which  is  formed  by  Long- 
Point,  a  narrow  point  of  land,  less  than  one  hundred  feet 
in  width,  several  miles  in  length,  composed  of  loose  beach 
sand.  The  preservation  of  Long  Point  is  essential  to  the 
preservation  of  the  harbor.  The  action  of  the  wind  and 
waves  has  so  reduced  the  width  of  the  "  Point"  that  some 
effective  measures  for  its  protection  are  absolutely  neces- 
sary. At  a  point  a  little  north  of  Wood  End  Light  the 
"Point"  has  been  reduced  in  width  from  one  hundred 
and  thirty-two  feet  in  eighteen  hundred  and  thirty-five  to 
twenty-six  feet  in  eighteen  hundred  and  eighty-nine.  The 
breach  of  Long  Point  at  that  place  is  the  question  of  but 
a  few  years. 

3.  Into  the  western  portion  of  Provincetown  Harbor 
adjacent  to  Long  Point,  so  called,  flow  several  creeks,  the 
sources  of  which  are  among  the  loose  sand-hills  in  the 
rear  of  the  town.  The  loosely  held  sand  blown  from 
the  hills  into  the  creeks  is  continually  carried  into  the 
harbor  in  quantities  so  great  that  the  anchorage  in  the 
harbor  has  been   perceptibly  lessened.     The    inroads    of 


1272  Resolutions. 

Memorial.  drifting  sand  advanced  the  shoal  ground  of  the  ^vestern 
harbor,  in  the  period  from  eighteen  hundred  and  thirty- 
five  to  eighteen  hundred  and  sixty-eight,  at  least  two 
hundred  and  fifty  feet  into  the  former  deep  waters  of  the 
harbor.  Since  eighteen  hundred  and  sixty-eight  the 
advance  of  drifting  sand  into  the  harbor  has  been  even 
more  rapid.  Where  in  eighteen  hundred  and  thirty-five 
vessels  at  anchor  floated  at  low  water  in  six  to  ten  fathoms 
of  water,  sand  bars  now  exist  covered  only  by  six  or 
seven  feet  of  water  at  high  tide. 

4.  The  pjeservation  of  Provincetown  Harbor  from  the 
existing  dangers  is  absolutely  necessary.  A  substantial 
permanent  earth  dike,  of  some  five  thousand  feet  in  length, 
constructed  across  the  creeks  flowing  into  said  harl^or, 
extending  from  Stevens  Point,  near  the  western  part  of 
the  settled  portion  of  Provincetown,  across  House  Point 
Island  to  some  point  southerly  from  Wood  End  Light 
House  on  Long  Point,  would  be  an  efiective  remedy  for 
the  existing  defects,  —  a  safeguard  against  the  breach  of 
the  "  Point,"  and  a  barrier  to  the  further  inroads  of  drift- 
ing sand  through  the  creeks. 

5.  The  foregoing  facts  are  derived  from  oral  and 
written  evidence  submitted  at  Provincetown  to  a  com- 
mittee of  this  legislature,  which  visited  Provincetown 
Harbor  and  viewed  the  premises,  and  heard  the  parties 
upon  whose  representations  of  danger  to  the  harbor  the 
committee  of  this  legislature  acted. 

6.  To  the  end,  therefore,  that  Provincetown  Harbor 
may  be  protected  from  injury,  and  that  appropriate  pro- 
tective works  may  be  constructed  in  said  harbor,  the 
Commonwealth  of  Massachusetts,  with  this  memorial,  does 
most  respectfully  urge  upon  Congress  the  appropriation 
of  a  liberal  sum  of  money  suflScient  to  construct  a  sub- 
stantial permanent  dike  across  the  western  portion  of 
Provincetown  Harbor,  as  set  forth  in  this  memorial. 

Harris  C.    Hart  well, 

President  of  the  Senate. 

William  E.  Barrett, 

Speaker  of  the  House  of  Repi^esentatives. 


Resolutions.  ■  1273 


Resolutions  relating  to  the  enactment  of  a  federal  bank- 
rupt LAW. 

Whereas,  The  best  interests  of  commerce,  between  the  Enactment  of  a 
citizens  of  this  Commonwealth  and  other  States,  require  rupuaw.**" 
that  there  should  be  uniform  laws,  throughout  the  Union, 
concerning  the  equitable  settlement  of  the  estates  of  bank- 
rupt debtors ; 

Whereas,  Under  the  present  system  of  conflicting  State 
insolvency  laws,  since  the  last  repeal  of  the  federal  legis- 
lation with  regard  to  bankruptcy,  there  exist  great  ine- 
qualities, preferences  and  exemptions  ;  and 

Whereas,  It  is  desirable  that  the  assets  of  bankrupt 
debtors  should  be  marshalled  and  distributed  equally 
among  all  the  creditors  of  the  various  States  under  the 
supervision  of  one  common  assignee  ;  and  that  said  debt- 
ors should  be  placed  on  an  equal  footing  with  regard  to 
all  their  creditors  ;  and 

Whereas,  Congress  is  fully  empowered  under  the  Con- 
stitution of  the  United  States  to  enact  such  general  and 
uniform  legislation,  and  to  remedy  the  abuses  and  imper- 
fections of  former  laws  in  this  respect ;  it  is  therefore 

Resolved,  That  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Massachusetts,  in  General 
Court  assembled,  do  most  respectfully  and  earnestly  urge 
upon  Congress  the  consideration  and  early  enactment  of 
such  federal  legislation  relating  to  bankruptcy  as  will 
further  the  objects  heretofore  stated. 

Resolved,  That  a  copy  of  these  resolutions  be  trans- 
mitted to  the  Congress  of  the  United  States,  and  to  each 
of  our  Senators  and  Representatives  therein. 

In  House  of  Representatives,  adopted  Aj^ril  8,  1889. 

In  Senate,  adopted  in  concurrence,  April  11,  1889. 

Resolutions    relative    to    an    international    convention   in 
relation  to  ocean  steamers  crossing  the  grand  banks. 

Whereas,    The    fishermen   of  this    Commonwealth  are  interuatiouai 
subject  to  serious  danger  and  great  loss  of  property  and  reiatTo"u't°o°o"ean 
life  from  the  fact  that  the  path  of  the  ocean  steamers  lies  fn^tTe  Grand ' 
directly  across  the  Grand  Banks  ;  therefore  Banks. 

Resolved,  That  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Massachusetts,  in  General 
Court  assembled,  do  most  respectfully  and  earnestly  urge 


1274 


Resolutions. 


upon  Congress  the  immediate  necessity  of  holding  an 
international  convention,  which  body  shall  legislate  upon 
the  subject,  and  agree  upon  laws  which  shall  be  binding 
upon  all  ocean  steamers  of  the  nations  which  have  dele- 
gates in  attendance  at  such  convention,  and  which  shall 
make  it  compulsory  to  pursue  certain  courses  on  all  their 
passages  in  order  to  avoid  the  fishing  banks  frequented  by 
fishermen. 

Resolved,  That  a  copy  of  these  Resolutions  l)e  trans- 
mitted to  the  Senators  and  Representatives  in  Congress 
from  this  Commonwealth. 

In  Senate^  adopted  April  5,  1889. 

In  House  of  Representatives,  adopted  in  concurrence,  April 
11,  1889. 


Kequestiug 
passage  of  a 
law  granting 
pensions  to 
every  soldier 
and  sailor  con- 
fined in  rebel 
prisons. 


Sympathy  to 
sufferers  at 
Johnstown, 
Pennsylvania. 


Resolutions    requesting  congress  to  pass    a  law  granting 

PENSIONS    to     every     HONORABLY   DISCHARGED     UNION    SOLDIER 
AND    SAILOR   WHO   WAS   CONFINED   IN   REBEL  PRISONS. 

Resolved,  That  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Massachusetts,  in  General 
Court  assembled,  do  most  respectfully  and  earnestly  urge 
upon  the  Congress  of  the  United  States  the  passage  of  a 
law  whereby  all  honorably  discharged  Union  soldiers  and 
sailors  of  the  late  war,  who  were  confined  in  rebel  prisons, 
may  have  their  names  placed  on  the  pension  rolls  of  the 
United  States,  for  not  less  than  twelve  dollars  per  month, 
and  that  they  receive  the  sum  of  two  dollars  per  day  for 
the  time  they  were  so  imprisoned. 

Resolved,  That  copies  of  these  resolutions  be  trans- 
mitted to  the  presiding  officers  of  both  houses  of  Con- 
gress, and  to  the  Senators  and  Representatives  in  Congress 
from  this  Commonwealth. 

7n  Senate,  adopted  April  11,  1889. 

In  House  of  Representatives,  adopted  in  concurrence,  April 
15,  1889. 

Resolutions  tendering  sympathy  to  sufferers  by  the  recent 
disaster  at  johnstown,  pennsylvania. 

WJiereas,  Massachusetts  has  received  with  deep  regret 
the  sad  intelligence  of  the  appalling  disaster  which  has 
fallen  upon  her  sister  state  Pennsylvania,  —  in  the  recent 
flood  by  which  the  borough  of  Johnstown  and  its  vicinity 
has  been  so  terribly  devastated, 


Resolutions.  1275 

Resolved,  That  she  hereby  extends  her  sympathy  and  f^Srsat*" 
condolence  to  the  citizens  of  that  afflicted  state,  and  espe-  p^jj^g^^^'^,, 
cially  to  the  bereaved  and  suffering  residents   surviving 
the  terrors  of  the  stricken  valley. 

Renolved,  That  while  it  is  beyond  the  constitutional 
power  of  the  legislature  to  render  aid  from  the  public 
treasury,  the  citizens  of  this  Commonwealth  will  in  their 
private  capacity  sustain  the  prestige  of  Massachusetts  for 
prompt  and  generous  responses  to  public  appeals  for  the 
relief  of  distress. 

Resolved,  That  the  secretary  of  the  Commonwealth  is 
hereby  directed  to  transmit  engrossed  copies  of  these 
resolutions  to  the  Governor  of  Pennsylvania  and  the  mu- 
nicipal authorities  of  the  borough  of  Johnstown,  Pennsyl- 
vania. 

In  House  of  Representatives,  adopted  June  7,  1889. 

In  Senate,  adopted  in  concurrence,  June  7,  1889. 

The  Genei-al  Court  of  1889,  during  its  annual  session,  passed 
four  hundred  and  seventy-three  Acts  and  one  hundred  and  twelve 
Resolves,  which  received  the  approval  of  His  Excellency  the  Gov- 
ernor. 

The  Resolve  providing  for  an  amendment  to  the  Constitution, 
forbidding  the  manufacture  and  sale  of  intoxicating  liquors  as  a 
beverage,  agreed  to  by  the  General  Court  of  1888  in  the  manner 
provided  by  the  Constitution,  was  also  agreed  to  by  the  General 
Court  of  1889.* 

The  General  Court  was  proro^ed  on  Friday  the  seventh  day  of 
June,  the  session  having  occupied  one  hundred  and  fifty-seven  days. 

*  Rejected  by  the  people  April  22, 1889. 


1276  Governor's  Address. 


IlN^AUGUEAL    ADDEESS 


HIS  EXCELLENCY  OLIVEE  AMES. 


At  twelve  o'clock  on  Thursday,  the  third  day  of  Jan- 
uary, His  Excellency  the  Governor,  accompanied  by  His 
Honor  the  Lieutenant-Governor,  the  members  of  the 
Executive  Council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint  com- 
mittee of  the  two  Houses,  met  the  Senate  and  House  of 
Representatives  in  Convention,  and  delivered  the  follow- 
ing 

ADDRESS. 

Gentlemen  of  the  Senate 

and  of  the  House  of  Representatives : 

Conforming  to  the  usage  of  many  years,  I  first  submit 
for  your  consideration  a  statement  of  the  financial  condi- 
tion of  the  Commonwealth,  as  it  is  shown  by  the  reports 
from  the  several  departments. 

FINANCIAL    STATEMENT. 

Funded  debt  Jan.  1,  1889, $28,351,619  65 

SINKING   FUNDS. 

Amount  of  sinking  funds  Jan.  1,  1888,        .        .        .    $26,313,670  09 
Amount  of  sinking  funds  Jan.  1,  1889,        .        .        .      23,235,608  84 


Decrease, $3,078,061  25 

Actual  expenses,  1887, $5,028,385  98 

Actual  expenses,  1888,  so  far  as  can  be  ascertained,  .        4,985,135  47 


Goveknoe's  Address.  1277 


ESTIMATES   FOR   1889. 

Payments  for  all  purposes, ......      |5,930,606  16 

Receipts,  including  cash  on  hand,  but  exclusive  of 

direct  State  tax, 5,087,606  82 

Deficit, f842,999  34 

This  reduction  of  the  sinking  funds  is  due  to  the  pay- 
ment of  portions  of  the  Troy  and  Greenfield  Kailroad  loan, 
which  matured  on  July  1,  1888,  and  Oct.  1,  1888. 

Under  the  provisions  of  chapter  349  of  the  Acts  of  the 
year  1888  a  loan  of  $500,000  has  been  issued,  payable  in 
1901,  for  the  purchase  of  land  for  the  extension  of  the 
State  House,  but  no  provision  has  been  made  for  the 
funding  of  this  loan.  I  think  that  you  should  make  such 
provision. 

We  have  reason  to  be  gratified  with  the  condition  of 
our  finances.  I  advise  that  you  exercise  great  care  in 
the  making  of  fippropriations,  that  we  may,  if  possible, 
reduce  the  burdens  of  the  people.  Economy  is  not  only 
expected  of  us,  but  is  necessary. 

During  the  year  the  Commonwealth  will  pay  $3,159,- 
351.80  of  its  debt,  for  which  the  sinking  funds  make 
ample  provision. 

SAVINGS   BANKS. 

In  the  savings  banks  and  institutions  for  savings  there 
were,  in  deposits,  at  the  end  of  their  fiscal  year,  the  sum 
of  1315,185,070.57,  an  inoi-ease  for  the  year  of  $12,236,- 
446.49,  the  number  of  open  accounts  being  983,202. 

In  the  interest  of  the  depositors  in  these  banks  and 
institutions,  I  think  the  time  has  come  when  there  should 
be  a  complete  separation  of  their  management  from  that 
of  national  banks.  In  many  places  it  is  convenient  to 
have  oflicers  of  one  bank  also  officers  of  the  other.  While 
the  opportunities  for  dishonest  dealing  thus  afforded  are 
seldom  employed,  they  are  a  source  of  temptation  to  use 
the  funds  of  one  institution  for  the  benefit  of  the  other  or 
for  personal  ends. 

STATE    AID. 

In  accordance  with  the  provisions  of  chapter  34  of  the 
Acts  of  the  year  1884,  the  payment  of  State  aid  to  in- 
valid pensioners  and  their  dependent  relatives  will  cease 


1278  Governor's  Address. 

after  the  first  day  of  January,  1890,  unless  you  make  pro- 
vision for  its  continuance  beyond  that  time.  This  aid  has 
been  rendered  with  great  care  and  excellent  judgment, 
and  most  of  those  whom  it  has  reached  are  worthy  objects 
of  assistance.  The  legislation  under  which  it  is  granted 
should  be  renewed,  as  there  are  still  very  many  who  are 
in  necessitous  circumstances,  because  of  what  they,  or 
those  upon  whom  they  would  naturally  depend,  did  for 
this  Commonwealth  and  for  the  country  during  the  late 
war.  I  am  sure  that  you  will  agree  with  me  that  Mas- 
sachusetts has  never  been,  and  that  she  never  will  be, 
unmindful  of  those  who  have,  directly  or  indirectly, 
rendered  her  valuable  service. 

COXSTITUTIONAL   PROHIBITION. 

You  will  be  called  upon  to  act  on  the  resolve  which  was 
passed  by  the  Legislature  of  last  year,  and  which  provides 
for  an  amendment  to  the  Constitution  forbidding  the  man- 
ufacture and  sale  of  intoxicating  liquors  as  a  beverage. 
This  matter  is  of  the  gravest  importance,  and  you  will 
deal  with  it  having  in  mind  its  significance  for  all  the  peo- 
ple of  the  Commonwealth.  Should  you  confirm  the  action 
of  your  predecessors  in  these  halls,  I  suggest  that  you 
take  such  action  that  the  resolve  may  be  submitted  to  the 
people  at  an  early  date.  A  cjuestion  of  such  magnitude 
ought  to  be  submitted  to  the  people  at  a  time  when  they 
are  not  called  upon  to  consider  other  public  matters. 
Heretofore,  nearly  every  important  constitutional  amend- 
ment has  been  voted  on  by  the  people  at  a  special  election 
held  in  the  spring  of  the  year. 

Another  reason  for  the  early  submission  of  the  amend- 
ment to  the  people,  should  it  be  adopted  by  you,  is,  that 
if  it  is  approved  by  the  popular  vote,  you  will  probably 
still  be  here  to  enact  such  legislation  as  may  appear  to  be 
necessary  to  give  force  and  effect  to  its  provisions.  The 
early  days  of  your  session  cannot  be  better  employed 
than  in  consideration  of  this  measure. 

LIQUOR   LAWS. 

We  are  about  to  test  the  efficiency  of  a  law  that  will 
materially  limit  the  number  of  licenses  which  will  be 
granted  to  sell  intoxicating  liquors  to  be  used  as  a  bev- 
eraofe.     I  have  long  been  convinced  that  there  should  be 


Governor's  Address.  1270 

such  a  restriction  where  the  sale  of  liquor  is  allowed,  and 
I  believe,  also,  that  the  penalty  for  violating  the  laws 
regulating  such  sale  should  be  greatly  increased,  and  that, 
as  a  rule,  the  penalty  should  be  by  imprisonment  rather 
than  by  fine.  It  would  be  wise,  in  my  opinion,  to  secure 
the  imposition  of  such  penalty,  instead  of  a  fine,  so  far 
as  possible,  without  wholly  abolishing  the  discretionary 
power  of  the  court. 

THE    COURTS. 

The  transfer  of  equity  and  divorce  jurisdiction  to  the 
Superior  Court,  and  the  increase  of  the  number  of  justices 
in  that  court,  have,  it  is  believed,  afibrded  such  relief  to 
the  higher  courts  that  they  Avill  be  able  to  decide  promptly 
all  matters  that  will  be  brought  before  them.  But  it 
seems  to  me  that  the  condition  of  the  inferior  courts,  and 
the  matter  of  costs  in  criminal  proceedings  in  all  the 
courts,  demand  careful  consideration  at  your  hands. 

It  is  probable  that  about  eight-tenths  of  the  criminal 
business  of  the  Commonwealth  is  done  in  these  courts, 
and  the  costs  which  necessarily  accrue  are  very  large. 
These  costs  are  now  mainly  cast  upon  the  counties,  and 
are  one  of  the  principal  items  of  county  expenditure.  As 
under  the  provisions  of  the  statutes  governing  such  mat- 
ters all  fees  taxed  in  favor  of  salaried  officers  are  to  be 
paid  to  the  city  or  town  from  which  such  officers  receive 
their  salaries,  here  is  plainly  a  considerable  source  of 
revenue  to  cities  and  large  towns,  in  which  nearly  all 
crime  is  committed,  at  the  expense  of  the  counties  and 
small  towns. 

I  am  informed  that  to-day  there  is  the  same  lack  of 
uniformity  in  the  taxation  of  criminal  costs  as  that  to 
which  the  Attorney-General  called  attention  in  his  official 
reports  for  the  years  1880  and  1881. 

The  solicitude  of  the  Commonwealth  to  protect  the 
lives,  liberty,  and  property  of  her  citizens,  to  give  them 
pure  drugs  and  unadulterated  food,  to  protect  children 
and  animals  —  even  wild  animals  —  from  cruelty,  to  pre- 
serve our  fish  and  game,  has  resulted  in  increasing  the 
number  of  our  statutory  crimes,  misdemeanors  and 
offences  over  that  of  any  other  State.  Our  criminal 
expenses  will  be  very  large  at  best.  Our  care  must  be 
to  place  upon  them  all  reasonable  limitation.  I  commend 
to  your  consideration  the  suggestions  of  the  Controller  of 
County  Accounts  in  relation  to  this  matter. 


1280  Goveknor's  Address. 


SCHOOLS. 

During  the  year  the  schools  of  the  Commonwealth 
have  been  conducted  with  the  usual  gratifying  results. 
For  the  education  of  nearly  360,000  persons  more  than 
$7,000,000  were  expended,  high  schools  being  maintained 
by  ninety-five  and  three-tenths  per  cent,  of  the  population. 
At  the  normal  schools  there  is  a  larger  attendance  than 
ever  before,  and  the  demand  for  teachers  educated  in  them 
exceeds  the  supply.  The  Normal  Art  School  is  doing 
important  work  in  preparing  teachers  of  industrial  art. 

I  call  your  attention  to  the  fact  that  in  almost  every 
town  in  the  State  there  are  truant  children  who  are  grow- 
ing up  in  ignorance.  Every  town  is  required  by  the  stat- 
utes to  provide  a  place  for  the  confinement,  instruction 
and  discipline  of  such  children,  but  this  the  small  towns 
are  reluctant  to  do  on  account  of  the  expense.  Moreover, 
the  small  number  of  such  persons  in  each  town  would  ren- 
der such  action  unnecessary,  if  each  county  would  provide 
a  common  truant  school  for  all  its  towns.  There  is  a 
statutory  provision  that  such  !i  school  shall  be  established 
if  three  or  more  towns  petition  the  county  commissioners 
for  it;  and  towns  do  petition  according  to  the  provisions 
of  the  law,  l)ut  the  county  commissioners  decline  to  estab- 
lish the  schools.  The  result  is  that  such  towns  have  no 
proper  means  of  obeying  the  truant  laws,  and  there  is  a 
class  of  persons  growing  up  in  almost  every  community 
that  is  ignorant  and,  therefore,  dangerous. 

In  the  interest  of  economy,  as  well  as  in  that  of  good 
morals,  every  county  should  have  a  good  truant  school  to. 
which  those  who  now  absent  themselves  from  the  schools 
already  provided  may  be  sent  for  proper  training. 

The  act  of  last  winter,  by  which  aid  was  granted  to  the 
small  towns  for  the  employment  of  skilled  superintend- 
ents, is  meeting  with  favor.  It  did  not  take  effect  until 
the  time  for  the  annual  town  meetings  had  gone  by,  and 
thus  many  districts  have  not  yet  been  organized  under  it. 
I  am  informed  that  a  large  number  of  towns  will  organize 
themselves  into  districts  at  their  next  annual  meetings. 

WOMAN    SUTTRAGE. 

Once  more  I  earnestly  recommend,  as  an  act  of  simple 
justice,  the  enactment  of  a  law  securing  municipal  suffrage 
to  women.     Eecent  political  events  have  confirmed  the 


/ 


Governor's  Address.  1281 

opinion  ^vhich  I  have  long  held,  that  if  women  have  suffi- 
cient reason  to  vote,  they  will  do  so,  and  become  an  im- 
portant factor  in  the  settlement  of  great  questions.  If 
we  can  trust  uneducated  men  to  vote,  we  can  with  greater 
safety  and  far  more  propriety  grant  the  same  power  to 
women,  who,  as  a  rule,  are  as  well  educated  and  quite  as 
Intel lioent  as  men. 

EAILEOADS. 

The  means  for  securing  the  gradual  abolition  of  grade 
crossings  will  probably  be  the  most  prominent  and  impor- 
tant subject  for  general  legislation  relating  to  railroads. 
The  dangers  attendant  upon  grade  crossings  are  increas- 
ing every  year,  and  the  interruption  to  traffic  in  conse- 
quence of  such  crossings  in  the  large  cities  is  rapidly 
assuming  serious  proportions.  Measures  can  and  should 
be  taken  which  will  mitigate  these  evils.  Very  full  infor- 
mation upon  the  sul)ject  will  be  laid  before  you  in  the 
re})ort  of  the  Board  of  Railroad  Commissioners,  and  also 
in  the  report  of  a  board  of  three  civil  engineers,  appointed 
under  the  provisions  of  chapter  99  of  the  Resolves  of  last 
year,  to  make  special  investigation  of  this  subject. 

I  recommend  that  you  give  to  this  matter  your  early 
and  careful  attention.  The  problem  will  be  found  to  in- 
volve many  considerations  and  conflicting  interests,  but  it 
also  involves  the  value  of  limbs  and  of  lives.  It  will 
greatly  redound  to  your  credit  if  your  legislation  on  this 
subject  shall,  while  duly  protecting  all  interests,  prove  to 
be  effective  in  shortening  the  long  account  of  loss  of  life, 
of  suffering  and  of  waste  of  time  each  year  charged  to 
our  grade  crossings. 

PUBLIC   HEALTH. 

The  statutes  enacted  by  the  Legislature  from  time  to 
time  for  the  protection  of  the  public  health  appear  to 
have  been  successfully  enforced  under  the  direction  of 
the  State  Board. 

The  question  of  a  system  of  drainage  for  the  valley  of 
the  Mystic,  which  was  referred  by  the  Legislature  of  1887 
to  the  State  Board  of  Health  with  directions  to  report  to 
the  Legislature  of  1889,  has,  so  far  at  least  as  the  system 
to  be  adopted  is  concerned,  been  decided  upon  by  that 
board,  and  no  objections  have  thus  far  been  urged  against 
the  plan  itself. 


1282  Governok's  Address. 

How  the  large  sums  of  money  necessary  for  the  con- 
struction of  the  sewer  proposed  are  to  be  raised,  and  the 
manner  in  which  the  burden  shall  ])e  apportioned  among 
the  interested  municipalities,  are  very  serious  questions, 
which  will  engage  the  attention  of  the  Le2:islature. 

Inasmuch  as  one-sixth  of  the  inhabitants  of  the  State 
live  in  this  district,  and  a  much  larger  proportion  are 
vitally  affected  by  its  sanitary  conditions,  the  question 
becomes  one  of  unusual  importance. 

PRISON    LABOR. 

The  industries  at  the  State  Prison,  where  business  is 
transacted  on  the  '"  public  account"  system,  are  in  a  very 
satisfactory  condition.  All  the  prisoners,  except  those 
who  are  needed  for  the  work  of  caring  for  the  prison  and 
grounds  and  in  the  culinary  department,  are  employed  in 
labor  upon  industries  established  in  the  workshops  dur- 
ing the  past  year.  Of  the  536  inmates  one  year  ago  only 
159  were  employed  in  remunerative  labor. 

Under  this  system  the  discipline  of  the  prison  is  much 
better  maintained  than  it  was  under  that  of  contracts,  and 
the  tinancial  results  will  prove  much  more  satisfactory. 
The  condition  of  the  other  prisons  and  of  the  houses  of 
correction  has  not  materially  changed. 

The  only  difficulty  in  the  practical  working  of  tha  law 
governing  prison  labor  is  that  of  establishing  industries. 
It  is  provided  by  section  5  of  chapter  447  of  the  Acts  of 
the  year  1887  that  "  no  new  machinerj-  to  be  propelled 
by  other  than  hand  or  foot  power  shall  be  used  in  any 
institution."  This  provision  prevents  the  maintenance  of 
the  varied  and  improved  conditions  of  employment  which 
the  future  advantage,  if  not  the  present  well-being,  of  the 
prisoners  Avould  seem  to  require.  The  law  should  be  so 
amended  that  the  prisoners  may  have  the  advantage  of 
employment  with  such  improved  machinery  as  the  nature 
of  the  business  in  which  they  are  engaged  may  demand. 
Thus  they  may  become  expert  workmen,  and  be  better  pre- 
pared to  maintain  themselves  and  their  families  when  they 
return  to  the  world  from  which  they  have  been  secluded. 

Satisfactory  pecuniary  returns  are  not  to  be  expected 
from  prison  labor,  but  the  "public  account"  plan  gives 
to  the  prison  officials  more  complete  control  of  those  who 
are  committed  to  their  charge,  and,  in  this  way,  it  is  to 
the  community  a  decided  gain. 


Goveenor's  Addeess.  1283 


LUNACY   AND    CHARITY. 

It  will  be  seen  by  the  report  of  the  State  Board  of 
Lunacy  and  Charity  that  there  has  been  a  marked  increase 
of  insanity  from  year  to  year,  and  that  the  ratio  of  in- 
crease is  relatively  much  larger  than  the  increase  of  popu- 
lation. It  will  be  further  noticed  that  a  large  percentage 
of  the  patients  are  of  foreign  birth. 

The  development  of  this  form  of  disease  has  become  so 
great  that  it  calls  for  thorough  investigation,  to  discover, 
if  possible,  the  inciting  causes,  and  their  proper  prevent- 
ives. The  board,  through  the  Inspector  of  Institutions, 
who  has  had  an  extended  experience  in  the  care  of  the 
insane,  intends,  during  the  year,  with  the  co-operation  of 
the  superintendents  of  the  State  hospitals,  to  enter  upon 
a  systematic  course  of  pathological  inquiry,  which,  it  is 
to  be  hoped,  will  be  of  value  in  arresting  the  present 
abnormal  increase  of  this  form  of  disease.  As  the  inquiry 
will  be  carried  on  by  salaried  officers,  regularly  employed 
in  the  service  of  the  State,  there  will  be  no  call  for  other 
than  the  regular  appropriations. 

Laws  were  passed  in  1885  and  1886,  giving  the  State 
Board  of  Lunacy  and  Charity  authority  to  board  in  fami- 
lies the  chronic  and  harmless  insane.  These  laws  specified 
that  the  patients  should  be  selected  from  the  State  hospitals 
and  asylums.  In  the  opinion  of  the  Attorney-General  the 
laws  do  not  apply  to  a  certain  class  of  insane  paupers  in 
the  State  Almshouse,  and  under  that  opinion  the  State 
board  has  returned  several  patients  to  that  institution. 

The  plan  of  boarding  out  the  insane  is  still  experi- 
mental, but  its  results  thus  far  are  hopeful ;  and  with  this 
relief  to  the  hospitals,  there  will  be  no  call  at  present  for 
any  great  increase  of  hospital  accommodations. 

ARBITEATION. 

The  work  of  the  State  Board  of  Arbitration  has  been 
continued,  with  increasing  benefit  to  employers  and 
employees  who  have  come  within  the  scope  of  its  action. 
Happily  no  extensive  disturbance  has  occurred  in  the 
State,  but  the  efficiency  of  the  board  has  frequently  been 
demonstrated,  especially  in  settlements  without  formal 
hearing  and  adjudication.  The  steady  improvement  in 
the  relations  between  capital  and  labor,  which  has  been 


1284  Governor's  Address. 

apparent  in  our  Commonwealth  since  the  establishment  of 
the  board,  is  no  doubt  largely  due  to  the  wise  policy 
pursued  by  the  State  in  the  treatment  of  labor  questions, 
as  well  as  to  the  intelligence  and  good  sense  of  all  our 
citizens. 

DISTRICT   POLICE. 

The  duties  of  the  District  Police  Force  have,  within  a 
comparatively  short  period,  been  largely  increased  by  the 
enactment  of  laws  relative  to  the  employment  of  children, 
young  persons  or  women  in  factories  or  workshops,  and  in 
relation  to  the  condition  of  the  rooms  in  which  such  per- 
sons are  employed.  These  laws,  bearing  directly  upon 
the  comfort  and  health  of  a  large  part  of  the  people,  are 
being  rigidly  and  impartially  enforced,  and  with  the  best 
results. 

The  division  of  the  District  Police  Force  into  two  de- 
partments is  a  beneficial  change.  The  laws  for  the  pro- 
tection of  operatives,  which  they  also  administer,  are 
cheerfully  obeyed,  and  there  is  very  little,  if  any,  desire 
to  evade  their  provisions. 

COMMISSIONER   OF    HIGHWAYS. 

The  economic  and  proper  construction  and  maintenance 
of  suitable  roads,  streets  and  bridges  throughout  the  Com- 
mon wealth  is  at  all  times  of  great  interest  to  the  public, 
and  wkile  every  conununity  is  more  or  less  dependent 
upon  steam  railroads  for  the  carrying  of  passengers  and 
freight,  yet  all  such  passengers  and  freight  have  to  pass 
over  the  roads  leadino;  to  and  from  the  steam  roads. 

The  knowledge  and  skill  required  to  construct  and 
maintain  good  roads  and  bridges  in  the  most  economic 
manner  requires  long  experience  combined  with  good 
judgment  and  a  special  knowledge  of  the  relative  value  of 
available  materials. 

I  therefore  recommend  the  passage  of  a  law  authorizing 
the  appointment  of  some  suitable  and  skilful  person  who 
shall  have  a  general  advisory  oversight  of  the  roads  and 
bridges  of  the  cities,  towns  and  counties  of  the  Common- 
wealth, who  may  be  freely  consulted  by  the  local  authori- 
ties without  charge,  and  who  shall  make  an  annual  report 
to  the  Legislature  relative  to  the  roads  and  bridges  in  the 
Commonwealth,  with  such  suggestions  as  from  time  to 
time  shall  tend  to  promote  the  public  interest. 


Governor's  Address.  1285 


SURVEY    OF    LUMBER. 

The  survey  and  inspection  of  lumber  by  officers  who  are 
assents  of  the  Commonwealth  insures  disinterested  and 
impartial  action  in  relation  to  the  measurement  and  classi- 
fication of  the  material  that  enters  into  the  construction  of 
all  buildino;s.  But  the  law  under  which  this  work  is  done 
requires  revision.  It  was  enacted,  substantially,  in  1856, 
and  conditions  are  now  so  changed  that  the  measure 
no  longer  is  sufficient  for  the  purpose  for  which  it  is 
designed. 

The  opinion  of  the  Attorney-General  in  regard  to  this 
law  has  been  stated  as  follows  :  — 

From  all  the  facts  that  I  can  ascertain  concernuig  chapter  63 
of  the  Public  Statutes,  which  is  the  embodiment  of  said  law, 
I  am  of  the  opinion  that  the  time  which  has  lapsed  and  the 
changes  in  the  trade  in  regard  to  himber,  have  rendered  said 
laws,  to  a  very  great  degree,  inoperative,  and  that  some  material 
changes  ought  to  be  made.  This  law,  as  it  now  is,  it  would 
seem,  cannot  be  strictly  adhered  to  by  the  Surveyor-General. 
He  can  only  act  thereunder  upon  request  made  either  by  the 
purchaser  or  the  seller,  and  in  such  case  can  only  act  according 
to  the  provisions  thereof,  having  no  discretionary  power  in  the 
premises  ;  and  the  change  in  manner  of  doing  business  in  the 
lumber  trade  has  rendered  action  according  to  said  laws  unnec- 
essary, if  not  impossible. 

LOBSTER   FISHERIES. 

One  of  the  results  of  giving  to  the  Commissioners  on 
Inland  Fisheries  the  services  of  a  district  police  officer  is, 
that  for  the  first  time  in  the  history  of  this  Commonwealth 
reliable  statistics  of  the  lobster  fisheries  have  been  obtained. 
In  these  fisheries  367  men  are  engaged,  and  their  esti- 
mated catch  during  the  last  season  was  1,740,850,  aver- 
aging in  weight  only  about  one  pound  each,  and  having 
a  value,  at  nine  cents  a  pound,  the  common  price,  of 
$156,676.50. 

The  lobster  fisheries  of  Massachusetts  are  still  an  impor- 
tant industry,  but  there  must  be  additional  legislation  for 
the  protection  of  this  valuable  source  of  food  supply  or 
it  will  be  exhausted  and  this  industry  will  soon  cease. 
Beyond  the  limits  of  Massachusetts,  on  the  Atlantic  coast, 
there  is  a  close  season  during  which  lobsters  cannot  be 
taken.     In  order  that  our  waters  may  be  re-stocked,  and 


1286  Govekxor's  Address. 

that  lobsters  may  not  be  taken  when  unfit  for  food,  there 
should  also  be  a  close  season  in  this  State. 

I  cspeciall}'  commend  to  your  consideration  that  portion 
of  the  report  of  the  Commissioners  on  Inland  Fisheries 
which  relates  to  this  subject. 

THE    MILITIA. 

The  condition  of  the  militia  is  very  satisfactory,  the 
personnel  of  the  oiEcers  and  men  having  materially 
improved.  Attendance  at  the  duty  required  by  law  has, 
during  the  year,  been  the  largest  in  the  history  'of  the 
force,  which  is  rendering  the  Commonwealth  good  ser- 
vice. The  parade  on  the  3d  of  October  last  was  a  part 
of  the  regular  tour  of  duty,  and  it  was  in  every  way  suc- 
cesslul,  showing  to  the  people,  in  a  manner  never  before 
attempted,  the  efficiency  and  character  of  our  citizen 
soldiery. 

STATE    HOUSE. 

Acting  under  the  authorit}'  conferred  upon  them  by  the 
Legislature  of  1888,  the  Governor  and  Council  are  pre- 
paring for  the  enlargement  of  the  State  House.  They 
have  taken  the  estates  in  the  rear  of  the  present  building, 
and  the  work  of  settling  for  them  with  their  former  owners 
is  in  satisfactory  progress.  They  have  also  advertised  for 
plans  for  the  proposed  additions.  At  an  early  day  I  shall 
make  to  3^ou  a  detailed  statement  of  the  work  of  the  Gov- 
ernor and  Council  in  relation  to  this  important  matter. 

CONSTITUTIONAL    CENTENNIAL. 

On  the  thirtieth  day  of  next  April  the  one  hundredth 
anniversary  of  the  inauguration  of  George  Washington  as 
President  of  the  United  States,  under  the  Constitution, 
will  be  celebrated  in  New  York  by  civic  and  military  dis- 
plays appropriate  to  such  an  event.  As  one  of  the  orig- 
inal States  of  the  Union,  it  is  desirable  that  Massachusetts 
should  l)e  fitly  represjjnted,  and  I  ask  you  to  give  early 
attention  to  this  matter,  as  the  time  for  making  suitable 
preparation  is  limited. 

I  shall  transmit  to  you  certain  papers,  bearing  upon 
this  question,  which  are  in  my  possession. 


Governor's  Address.  1287 


A   NATIONAL   EXPOSITION. 

It  is  proposed  that  three  years  hence  there  shall  be 
opened  in  the  city  of  Washington  a  permanent  exposition, 
in  honor  of  the  four  hundredth  anniversary  of  the  dis- 
covery of  this  continent. 

This  project  has  not  yet  taken  definite  form,  but  it  is  so 
certain  to  be  carried  out  that  it  will  be  well  for  you  to 
take  some  action  in  relation  to  it. 

At  such  an  exposition  Massachusetts  should  take  a 
position  of  honorable  prominence,  and  in  order  that  she 
may  do  so,  much  preliminary  work  must  be  done.  In 
you  is  vested  the  power  to  take  the  initiative. 

Senators  and  Representatives : 

1  have  spoken  briejSy  on  some  of  the  topics  which  are 
likely  to  engage  your  attention  as  legislators.  Let  us 
bring  to  our  public  duties  the  same  energy  and  diligence 
which  we  exercise  in  our  private  affairs.  With  a  becom- 
ing pride  in  what  Massachusetts  is,  and  in  what  she  has 
achieved  in  her  institutions  and  her  laws,  let  us  take  no 
backward  step.  Let  us  be  conservative  in  all  that  we  do 
in  her  behalf,  knowing  that  we  may  further  develop  and 
improve  the  inheritance  of  her  people.  Our  action  must 
vitally  affect  the  future  well  being  of  our  beloved  Com- 
monwealth. May  it  be  such  that  it  will  stimulate  all 
within  our  borders  to  higher  aims  and  nobler  purposes. 


1288  Special  Messages. 


SPECIAL  MESSAGES. 


THE    FOLLOWING     SPECIAL     COMMUNICATIONS    "WERE    MADE     BY    HIS 

EXCELLENCY    THE    GOVEKNOK    TO    THE    LEGISLATURE 

DUKING   THE   ANNUAL   SESSION. 

[To  the  Senate  and  House  of  Representatives,  January  7,  1889.] 

Pardons.  J  hsive  the  honor  to  present  herewith,  in  compliance 

with  chapter  50  of  the  Kesolves  of  1860,  a  report  of  the 
pardons  issued  by  the  Governor,  with  the  advice  of  the 
Executive  Council,  during  the  year  of  my  administration 
just  closed.  'Ihe  number  of  prisoners  thus  released  is 
forty-nine,  of  w:hom  twenty-seven  were  in  the  State 
Prison,  seventeen  in  Houses  of  Correction,  three  in  the 
Massachusetts  Reformatory,  and  one  each  in  the  Reform- 
atory Prison  for  Women  and  the  State  Farm.  Sickness 
was  the  controlling  reason  for  the  discharge  of  eight, 
three  of  whom  have  died. 

Oliver  Ames. 

No.  1.  Myron  Morris.  Convicted  of  larceny.  Mu- 
nicipal Court,  Boston,  Sept.  9,  1887.  Sentenced  to  House 
of  Correction  for  six  months.  Pardoned  Jan.  25,  1888. 
It  appeared  from  the  testimony  of  the  arresting  officer 
that  there  was  some  doubt  as  to  the  guilt  of  the  prisoner. 
The  judge  who  sentenced  him  said  that,  "  from  my  recol- 
lection of  the  circumstances  of  the  trial  before  me  and 
from  facts  that  have  come  to  my  knowledge  since  such 
trial,  I  recommend  that  a  pardon  be  granted."  Friends 
stood  ready  to  send  him  to  his  home  in  Pittsburg,  Pa., 
when  released. 

No.  2.  James  Cardigan.  Convicted  of  assault  with 
intent  to  rob,  Superior  Court,  Hampshire  County,  Jan.  1, 
1885.  Sentenced  to  four  years  in  State  Prison.  Par- 
doned Jan.  26,  1888.  Cardigan  was  convicted,  with  two 
others,  of  this  crime.     Through  the  efforts  of  friends,  his 


Special  Messages.  1289 

accomplices  had  been  transferred  to  the  Reformatory  at  Pa'doas. 
Concord,  and  released  on  probation.  It  appeared  that 
Cardigan  was  the  least  guilty  of  the  three,  and  had  sus- 
tained a  better  reputation  for  good  character  than  either 
of  the  other  two.  The  only  evidence  connecting  him 
with  the  crime  was  furnished  by  one  John  Powers,  w^ho, 
by  the  testimony  of  the  police  and  by  numerous  affidavits 
on  file,  seems  to  have  been  a  thoroughly  worthless,  unre- 
liable scamp.  Cardigan  had  been  a  hard-working  young 
fellow,  and,  until  this  charge  was  made  against  him,  had 
not  been  arrested  for  any  crime.  His  prison  record  had 
been  good.  He  seemed  earnest  and  sincere  in  his  desire 
and  determination  to  lead  an  honest,  upright  life.  For 
these  reasons  a  pardon  was  granted. 

No.  3.-  James  Mohan.  Convicted  of  murder,  second 
degree,  Supreme  Judicial  Court,  Aug.  3,  1874,  Hampden 
County.  Sentenced  to  State  Prison  for  life.  Pardoned 
Feb.  15,  1888.  The  victim  of  the  crime  was  an  inoffensive 
old  man,  who  was  assaulted  by  Moran  and  two  compan- 
ions in  the  woods,  where  his  dead  body  was  afterwards 
found.  Moran  was  very  drunk,  and  his  companions 
greatly  under  the  influence  of  intoxicating  drink.  All 
three  were  indicted  for  murder  in  the  first  degree.  His 
companions  were  admitted  as  State's  evidence,  and  testi- 
fied that  a  slight  assault  was  made  by  the  three  on  the  old 
man,  and  that  they  all  passed  on  ;  that  Moran  turned 
back  and  renewed  the  assault,  and  inflicted  the  injuries 
which  resulted  in  death.  Moran,  at  the  time  and  ever 
since,  has  affirmed  entire  ignorance  of  the  assault,  and  of 
the  events  immediately  preceding  and  following  it ;  and 
that  he  is,  and  has  been,  unable  to  say  whether  he  is 
guilty  or  innocent  of  the  crime  charged.  Without  the 
slig^htest  knowledo-e    of  what  he  had    done,  he  had   no 

•I'll 

defence  to  oppose  to  the  evidence  against  mm,  and  the 
government  readily  accepted  his  plea  of  guilty  of  murder 
in  the  second  degree.  The  proof  of  his  guilt  rested 
entirely  upon  the  assertion  of  his  companions,  who  were 
nearly  related,  and  naturally  inclined  to  shield  themselves 
and  each  other  from  the  consequences  of  their  own  par- 
ticipation in  the  assault.  There  were  doubts  as  to  the 
reliability  of  these  companions.  Moran  had  a  wife  and 
four  children  in  Ireland,  to  join  whom  he  left  this  country 
three  days  after  he  was  released.     The  petition  for  his 


1290  Special  Messages. 

PardoDB.  pardon  was  signed  l)y  high  officials  of  the  church,  State, 

county  and  city,  and  was  granted  on  consideration  of  the 
dou1>t  raised  as  to  his  guilt,  his  good  conduct  in  prison, 
the  long  time  he  had  already  been  in  prison  (nearly  four- 
teen years),  and  his  proposed  immediate  departure  for 
Ireland  to  live  with  his  family. 

No.  4.  George  Sullivan.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  June  16,  1886.  Sen- 
tenced to  the  House  of  Correction  for  two  years.  Par- 
doned Feb.  16,  1888.  Sullivan  had  but  six  weeks  longer 
to  serve.  He  was  seriously  ill  with  heart  disease.  The 
prison  physician  certified  that  he  probably  would  not 
recover,  but  that  his  chances  of  recovery  would  be  better 
if  removed  to  his  home. 

No.  5.  Carter  Browns.  Convicted  of  breaking  and 
entering,  Superior  Court,  Suffolk  County,  Dec.  5,  1885. 
Sentenced  to  State  Prison  for  eight  years.  Pardoned 
Feb.  21,  1888.  Pardon  was  recommended  by  Hon. 
Roland  G.  Usher,  ex-warden  of  the  State  Prison,  Hon. 
Eufus  S.  Frost  and  others,  on  the  ground  that  the  sen- 
tence was  severe ;  that  he  was  in  failing  health,  and 
because  his  parents  in  Germany,  who  were  not  aware  that 
he  was  in  prison,  were  very  aged  and  ill,  and  anxious  for 
his  return,  that  they  might  settle  their  property  and 
bestow  on  him  his  portion.  His  deportment  had  been 
perfect  while  in  prison.  He  sailed  for  Germany  on  the 
2oth  of  February. 

No.  6.  Charles  L.  Rider.  Convicted  of  obtaining 
money  under  false  pretences,  Superior  Court,  Suffolk 
County,  April  15,  1881.  Sentenced  to  State  Prison  for 
ten  years.  Pardoned  Feb.  22,  1888.  The  amount 
obtained  was  less  than  $300.  At  the  trial  Rider  pleaded 
guilty,  and  received  what,  in  view  of  the  circumstances, 
and  in  comparison  with  usual  sentences,  seems  an  unac- 
countably excessive  sentence  of  ten  years.  This  was  his 
first  ofience ;  he  had  been  in  prison  nearly  seven  j^ears. 
The  officer  who  arrested  him  strongly  urged  a  pardon. 
Inasmuch,  therefore,  as  nearly  all  the  parties  who  were 
defrauded  joined  earnestly  in  the  prayer  for  his  pardon,  it 
was  granted. 


Special  Messages.  1291 

No.  7.  Michael  Hennessey.  Convicted  of  beino'  a  Pardons. 
common  drunkard,  First  District  Com't  of  Eastern  Mid- 
dlesex, Sept.  27,  1887.  Sentenced  to  the  Massachusetts 
Reformatory  on  an  indeterminate  sentence.  Transferred 
to  the  State  Farm.  Pardoned  Feb.  22,  1888,  upon  the 
recommendation  of  the  mayor,  probation  officer  and  many 
prominent  citizens  of  Maiden,  some  of  whom  appeared 
personally  and  urged  a  pardon,  on  the  ground  that  Hen- 
nessey had  never  been  intoxicated  to  such  an  extent  that 
he  could  be  called  a  common  drunkard,  and  that  he  had 
never  been  other  than  a  perfectly  harmless  man.  It 
appeared  that  the  imprisonment  already  suiFered  was  suffi- 
cient punishment  for  the  otlence  committed,  and  that  the 
good  of  the  prisoner  and  the  interest  of  the  public  would 
be  furthered  by  the  exercise  of  executive  clemency. 

No.  8.  John  McAlear.  Convicted  of  breaking  and 
entering,  Superior  Court,  Essex  County,  Oct.  6,  1884. 
Sentenced  to  State  Prison  for  six  years.  Pardoned  March 
9,  1888.  This  was  his  first  offence.  The  sentence  seemed 
very  long  for  the  crime  committed.  The  prisoner  was 
confounded  with  another  man  of  the  same  name,  who  was 
an  old  offender,  and  for  that  reason  received  a  sentence 
much  heavier  than  he  otherwise  would.  He  had  served 
nearly  three  and  one-half  years. 

No.  9.  Charles  Reed.  Convicted  of  rape,  Superior 
Court,  Bristol  County,  March  21,  1884.  Sentenced  to 
State  Prison  for  ten  years.  Pardoned  March  14,  1888, 
upon  the  recommendation  of  Hon.  Morgan  Rotch,  mayor, 
Mr.  Isaac  B.  Tompkins,  chief  of  police  at  the  time  of  the 
arrest,  Hon.  E.  C.  Milliken,  and  many  other  prominent 
citizens  of  New  Bedford,  together  with  a  majority  of  the 
jury  that  tried  him.  The  pardon  was  approved  by  Dis- 
trict Attorney  Knowlton,  who  certified  that  he  considered 
this  to  be  a  proper  case  for  executive  clemency.  Reed 
was  a  mere  boy,  under  seventeen  3'ears  of  age,  when  the 
oftence  was  committed.  His  associate  in  the  crime,  who 
was  much  the  older,  was  tried  at  a  previous  term,  and 
only  convicted  of  an  assault,  sentenced  to  two  years  in 
the  house  of  correction,  and  had  long  been  at  liberty. 
The  girl  was  older  than  Reed,  and  not  of  the  best  charac- 
ter and  reputation.     His  aged  mother  required  his  ser- 


1292  Special  Messages. 

rardoDs.  vicGS.     Foi'  these  reasons,  and  because,  in  the  opinion  of 

the  pardon  committee,  he  had  suffered  enough  for  his 
participation  in  the  crime,  a  pardon  was  granted. 

No.  10.  Daniel  Callahan.  Convicted  of  assault  and 
battery,  Superior  Court,  Essex  County,  May  18,  1887. 
Sentenced  to  State  Prison  for  six  years.  Pardoned  ]\Iarch 
22,  1888,  for  the  reason  that,  from  the  certificate  of  the 
prison  physician,  it  appeared  that  the  prisoner  was  fatally 
ill  with  scrofulous  consumption,  and  that  his  death  was 
likely  to  occur  within  a  short  time.  The  chief  of  police, 
who  was  the  assaulted  party,  and  the  selectmen  of  Mar- 
l)lehead,  recommended  the  pardon  for  the  above  reason. 
He  died  April  28. 

Xo.  11.  Benjamin  AV.  Foster.  Convicted  of  rape, 
Superior  Court,  Berkshire  County,  July  13,  1869.  Sen- 
tenced to  State  Prison  for  life.  Pardoned  April  6,  1888, 
upon  the  recommendation  of  the  parents  of  the  girl  who  it 
was  claimed  was  assaulted  ;  of  the  sherilf  and  many  of  the 
leading  citizens  of  Pittsfield,  on  the  ground  that  the  pris- 
oner had  already  suffered  a  penalty  commensurate  with 
the  crime  for  which  he  was  convicted,  and  one  that  would 
exceed  in  extent  what  he  would  have  received  had  the  law 
been  at  that  time  the  same  as  the  statutes  now  provide  ; 
and  upon  the  ground  that  he  was  in  failing  health ;  had 
become  partially  paralyzed,  owing  to  an  accident  he  had 
received  in  prison  ;  and  that  the  ends  of  justice  will  be  as 
well  served  by  his  pardon  and  release  as  by  longer  con- 
finement. His  prison  record  had  been  good,  and  all 
things  indicated  that  his  release  would  be  better  for  him- 
self and  the  community.  Considering  all  these  circum- 
stances, a  pardon  was  granted. 

No.  12.  Chester  L.  Toavne.  Convicted  of  arson, 
Superior  Court,  Middlesex  County,  Nov.  7,  1887.  Sen- 
tenced to  the  State  Prison  for  fifteen  years.  Pardoned 
April  25,  1888.  The  wife  of  Towne,  who  was  convicted 
at  the  same  time  and  sentenced  to  five  years'  imprison- 
ment, alwaj^s  insisted  that  she  set  the  fire ;  that  her  hus- 
l>and  had  nothing  to  do  about  it,  and  had  no  knowledge 
of  her  intent  to  set  it  until  after  the  crime  was  committed  ; 
that  his  only  offence  was  assisting  her  in  disposing  of  the 
})lunder,  which  was  her  ol)ject  in  setting  the  fire.     The 


Special  Messages.  1293 

owner  of  the  building  (wliich  was  l)ut  slightly  injured)  was  Pardons, 
present  at  the  hearing,  and  strongly  urged  a  pardon.  He 
testified  that  from  his  personal  knowledge  he  was  satisfied 
that  the  statement  of  the  wife  was  true ;  that  Towne  did 
not  set  the  fire  and  that  he  was  merely  a  tool  in  the  hands  of 
another.  The  committee  were  of  the  opinion  that,  for  the 
crime  committed,  the  ends  of  justice  had  been  fully  served 
by  the  long  term  of  imprisonment  he  had  undergone. 

No.  13.  Joseph  H.  Barnaby.  Convicted  of  assault, 
Superior  Court,  Suffolk  County,  October  Term,  1885. 
Sentenced  to  State  Prison  for  five  years.  Pardoned 
April  26,  1888.  Barnaby  and  one  G.  R.  McDougal  were 
convicted  of  an  assault  on  W.  R.  Marshall  of  Brighton. 
Barnaby  always  protested  his  innocence.  McDougal,  who 
had  served  his  sentence,  appeared  before  the  pardon  com- 
mittee and  testified  under  oath  that  he  and  one  James 
McElvery  (who  disappeared  at  the  time  and  whose  where- 
abouts are  unknown)  committed  the  crime,  and  that 
Barnaby  was  not  present  and  knew  nothing  about  the 
assault.  His  testimony  was  corroborated  by  reliable  wit- 
nesses. It  also  appeared  that  the  defence  was  not  prop- 
erly conducted  at  the  time  of  the  trial.  Evidence  that 
was  in  defendant's  favor  was  kept  back  by  his  attorneys, 
acting  honestly  but  under  mistaken  impression  as  to  its 
effect.  Prominent  citizens  of  Brighton  testified  to  the 
prisoner's  previous  good  character  and  his  industrious 
habits.  In  view  mainly  as  to  the  guilt  of  the  prisoner, 
his  previous  good  character  and  his  exemplary  conduct 
while  in  prison,  a  pardon  was  granted. 

No.  14.  James  Mahoney.  Convicted  of  being  a 
common  drunkard,  Municipal  Court,  Charlestown  Dis- 
trict, Boston,  March  20, 1888.  Sentenced  to  the  Reforma- 
tory on  an  indeterminate  sentence.  Pardoned  May  1, 
1888,  upon  the  recommendation  of  the  prison  commission- 
ers for  the  following  reasons  :  Mahoney  was  an  old  man, 
having  been  born  in  1815.  He  was  committed  to  the 
Reformatory  for  the  purpose  of  reformation.  Having 
doubts  about  his  reformability,  the  commissioners  were  of 
the  opinion  that  the  Reformatory  was  not  a  proper  place 
for  him.  His  niece,  who  lives  in  Charlestown,  was  ready 
to  give  her  uncle  —  who  was  in  comfortable  circumstances 
—  a  home,  and  believed  that  she  could  restrain  him  from 


1294  Special  Messages. 

Pardons.  drinking.     She  said  that  her  uncle  had  been  thus  addicted 

to  intemperance  only  since  the  death  of  his  wife.  Chapter 
49,  Acts  of  1888,  which  reads  as  follows  :  "  No  person 
shall  be  sentenced  to  imprisonment  in  the  Massachusetts 
Reformatory  who  is  above  40  years  of  age,"  became  a  law 
March  21,  the  day  following  Mahoney's  conviction. 

No.  15.  John  McGrath.  Convicted  of  breaking  and 
entering,  Superior  Court,  Suflblk  County,  September 
Term,  1887.  Sentenced  to  one  year  in  the  House  of 
Correction.  Pardoned  May  2,  1888.  It  appeared  that 
the  applicant  for  pardon  had  never  before  been  arrested 
for  any  offence,  that  he  had  been  an  industrious  laboring 
man,  providing  for  his  wife,  who  was  an  invalid  and 
dependent  upon  him  for  support,  and  that  if  released  his 
former  employer  would  give  him  immediate  work,  as 
stated  in  a  letter  on  file.  In  view  of  these  facts,  and 
because  the  prisoner  seemed  to  be  sufficiently  punished,  a 
pardon  was  granted. 

No.  16.  John  Flaherty.  Convicted  of  breaking  and 
entering,  Superior  Court,  Sufiblk  County,  January  Term, 

1887.  Sentenced  to  two  and  one-half  years  in  the  House 
of  Correction.  Pardoned  May  2,  1888,  upon  the  certifi- 
cate of  the  prison  physician  that  Flaherty  was  in  an  ad- 
vanced stage  of  pulmonary  consumption  and  could  live 
but  a  short  time.     He  died  August  17. 

No.  17.  Thomas  F.  Doland.  Convicted  of  rape,  Su- 
perior Court,  Worcester  County,  Aug.  24,  1882.  Sen- 
tenced to  State  Prison  for  seven  years.     Pardoned  May  3, 

1888.  The  alleged  crime  was  committed  at  a  picnic, 
while  Doland  was  in  an  intoxicated  condition.  F.  B. 
Spalter,  trial  justice,  E.  S.  Wood,  deputy  sheriff',  and 
Robert  Callahan,  chief  of  police  of  Winchendon,  were  all 
knowing  to  the  facts,  and  stated  that  in  their  opinion  the 
sentence  was  severe  for  the  crime  committed.  The  chief 
of  police  stated  that  he  knew  there  never  would  have  been 
a  complaint  made  against  Doland  if  it  had  not  been  for 
outside  parties.  He  saw  the  girl  enjoying  herself  with 
others  after  the  assault  was  said  to  have  been  committed. 
His  conduct  while  in  prison  had  been  perfect.  Consider- 
ing all  these  circumstances,  and  the  fact  that  he  had  less 


Special  Messages.  1295 

than  two  months  to  serve,  and  that  immediate  employ-  Pardons. 
ment  was  provided  for  him    if  released,   a  pardon  was 
o- ran  ted. 

No.  18.  George  H.  Connor.  Convicted  of  adultery, 
Superior  Court,  Essex  County,  May  13,  1887.  Sen- 
tenced to  House  of  Correction  for  two  years.  Pardoned 
May  2,  1888,  upon  the  recommendation  of  the  mayor, 
chief  of  police,  senator,  city  treasurer  and  many  of  the 
leading  citizens  of  Lawrence.  It  appeared  that  Connor 
had  lived  in  Lawrence  for  several  years  and  had  been 
engaijed  as  an  expressman,  carrying  on  a  good  business. 
A  short  time  prior  to  his  arrest  upon  this  charge  he  be- 
came addicted  to  the  use  of  intoxicating  liquors,  and  lost 
his  property  and  business.  Upon  the  first  day  of  Feb- 
ruary, 1888,  he  was  arrested  upon  this  charge  and  pleaded 
guilty.  His  character  previous  to  his  arrest,  with  the 
exception  of  the  time  he  was  addicted  to  the  use  of 
liquor,  was  good,  and  he  had  the  respect  of  the  commu- 
nity as  a  hard-working  man.  The  district  attorney  was 
satisfied  that,  should  he  leave  liquor  alone,  he  would  be 
a  respectable  and  law-abiding  citizen.  The  petitioners 
were  confident  he  would  keep  the  pledge,  which  he  had 
taken  anew.     Immediate  employment  was  promised  him. 

No.  19.  George  H.  Dunbar.  Convicted  of  arson, 
Superior  Court,  Norfolk  County,  Dec.  14,  1885.  Sen- 
tenced to  State  Prison  for  six  years.  Pardoned  May  9, 
1888.  Pardon  was  recommended  by  the  district  attorney 
who  tried  the  case,  and  many  of  the  leading  citizens  of 
Weymouth.  The  district  attorney  stated  that  there  had 
been  several  large  incendiary  fires  in  Weymouth.  "At 
the  time  it  w^as  thouo;ht  that  Dunbar  had  some  connec- 
tion  with  them  ;  I  think  it  was  a  mistake.  The  fires  that 
he  was  shown  to  have  been  connected  with  were  of 
buildings  all  vacant,  and  of  little  value.  I  believe  there 
is  a  general  feeling  in  the  community  where  he  has  lived, 
and  where  the  fires  occurred,  that  he  has  already  been 
sufficiently  punished,  and  that  it  would  be  for  the  best 
public  interest  to  grant  him  a  conditional  pardon  ;  in  that 
I  concur." 

No.  20.  James  Clark.  Convicted  of  violating  the 
license    law,    Superior    Court,  Essex   County,  Feb.    21, 


1296  Special  Messages. 

Pardons.  18SS.     Sentenced  to  the  House  of  Correction  for  three 

months,  and  to  pay  a  fine  of  $75  and  costs.  Pardoned 
May  12,  1888.  Leading  citizens  of  Gloucester,  one  of 
the  county  commissioners  and  the  sheriff  of  the  county,  all 
appeared  in  behalf  of  the  prisoner,  and  testified  as  to  his 
previous  good  character  and  sober,  industrious  habits. 
It  appeared  that  the  prisoner's  conviction  rested  largely 
upon  circumstantial  evidence,  some  of  which  was  of  a 
rather  doubtful  character,  and  that  there  was  much  doubt 
of  his  guilt  among  a  large  and  intelligent  portion  of  the 
community.  It  further  appeared  that  he  had  suffered 
much  mental  distress  on  account  of  his  confinement,  and 
that  his  release,  under  the  circumstances,  just  before  the 
expiration  of  his  sentence,  was  likely  to  be  of  benefit  to 
himself  and  no  detriment  to  the  community. 

No.  21.  Thomas  F.  Callahan.  Convicted  of  mur- 
der, second  degree.  Supreme  Judicial  Court,  Worcester 
County,  Dec.  10,  1879.  Sentenced  to  State  Prison  for 
life.  Pardoned  May  24,  1888.  Callahan  was  indicted 
for  murder  for  shooting  one  Daly,  but  a  plea  of  murder  in 
the  second  degree  was  accepted  without  a  trial.  At  the 
hearing  before  the  committee  on  pardons  it  was  proven 
that  the  shooting  was  done  while  Callahan  was  under  the 
influence  of  indignant  rage  and  pain,  caused  by  a  brutal  and 
unprovoked  attack  made  upon  him  by  one  greatly  his 
superior  in  strength,  and  it  was  made  to  appear  probal^le 
that  the  pistol  was  in  his  possession  solely  for  the  purpose 
of  defendino:  himself  ao-ainst  a  threatened  renewal  of  the 
assault  by  Daly.  Leading  citizens  of  his  native  town, 
Leicester,  wrote  in  strong  commendation  and  praise  of  his 
previous  good  character ;  those  who  had  known  him  inti- 
mately in  Worcester  testified  to  his  good  habits  and 
pleasant  disposition ;  and  the  appearance  of  the  young 
man  and  his  prison  record,  as  furnished  by  the  warden,  for 
more  than  eight  years  while  in  the  prison,  strengthened 
and  confirmed  these  testimonials.  The  circumstances  of 
intense  provocation  to  the  crime,  the  youth  of  the 
prisoner,  his  previous  good  conduct,  his  prison  record 
and  the  hopeful  and  promising  appearance  of  the  prisoner, 
all  united  to  make  his  case  seem  one  in  which  execu- 
tive clemency  might  be  judiciously  exercised. 


Special  Messages.  1297 

No.  22.  George  Caswell.  Convicted  of  larceny,  rardons. 
Superior  Court,  Essex  County,  May  26,  1887.  Sentenced 
to  the  House  of  Correction  for  three  years.  Pardoned 
May  26,  1888,  upon  the  recommendation  of  the  district 
attorney  and  many  prominent  citizens  of  Lynn,  including 
ex-Marshal  Neil  who  prosecuted  the  case.  Caswell's 
character  previous  to  this  affair  had  been  above  reproach. 
The  district  attorney  certified  that,  "  upon  careful  consid- 
eration of  the  whole  case  I  am  satisfied  that,  should  a 
pardon  be  granted,  the  lesson  that  he  has  already  received 
will  prevent  him  from  again  attempting  to  do  a  dishonest 
act,  for  1  do  not  believe  he  is  criminally  inclined,  and 
under  the  circumstances  it  may  be  that  if  a  pardon  should 
be  granted  the  ends  of  justice  would  be  answered." 

No.  23.  Edward  J.  Kelley.  Convicted  of  assault 
and  larceny,  Superior  Court,  Middlesex  County,  Oct.  29, 
1884.  Sentenced  to  the  House  of  Correction  for  four 
and  one-half  years.  Pardoned  June  7,  1888,  upon  the 
recommendation  of  the  district  attorney  who  prosecuted 
the  case,  who  certified  that  Kelley  pleaded  guilty  and  was 
sentenced  on  two  indictments,  one  for  larceny  and  one  for 
assault  on  an  officer  at  the  time  of  the  arrest,  on  the  latter 
for  eighteen  months.  From  the  representations  then 
made  the  district  attorney  supposed  the  assault  was  made 
with  a  pistol,  but  from  statements  since  made  by  a  witness 
of  the  assault  he  did  not  think  it  of  .a  serious  character, 
and  if  he  had  known  at  the  trial  what  he  has  since  learned 
he  should  not  have  asked  for  sentence  upon  the  indictment 
for  assault.  He  was  of  the  opinion  that  the  prisoner  had 
been  sufiiciently  punished,  and  that  a  pardon  might  have  a 
salutary  effect  upon  the  young  man  himself. 

No.  24.  Adolph  Bender.  Convicted  of  breaking 
and  entering,  Superior  Court,  Bristol  County,  June  14, 
1886.  Sentenced  to  State  Prison  for  four  years.  Par- 
doned June  13,  1888.  Bender  was  born  in  Germany,  of 
a  good  family,  and  was  well  educated.  He  was  employed 
in  Brooklyn,  N.  Y.,  up  to  a  short  time  before  his  arrest, 
in  March,  1880.  Through  some  domestic  afiliction  he 
was  drawn  into  dissipation,  and  thence  to  beggary  and 
crime.  In  New  Bedford  he  entered  a  house  and  stole 
silver  to  a  considerable  amount,  and  from  there  went  to 
Newport,  R.  L,  where  he    was    arrested   for  entering  a 


1298  Special  Messages. 

Pardons.  house.     While  in  jail  in  Newport  he  told  where  the  silver- 

ware stolen  in  New  Bedford  was  concealed,  and  subse- 
quently it  was  returned  to  the  owner.  He  was  sentenced 
for  seven  years  to  the  Rhode  Island  State  Prison.  It 
was  thought  that  the  unusual  severity  of  the  sentence  was 
owing  to  impressions  made  by  the  New  Bedford  robbery. 
Prominent  citizens  of  Rhode  Island,  w^io  have  taken 
great  interest  in  Bender,  were  satisfied  that  he  had  thor- 
oughly reformed,  and  would  become  an  honest  man.  His 
prison  conduct  was  irreproachable.  The  district  attorney 
certified  that,  "  in  all  probability,  if  the  crimes  had  been 
committed  in  Massachusetts,  and  he  had  been  sentenced 
for  them  all  at  one  time,  the  term  of  imprisonment  would 
probably  not  be  longer,  counting  deductions,  than  the 
time  he  has  now  served.  For  that  reason  only  I  should 
deem  it  a  case  proper  for  the  exercise  of  executive  clem- 
ency."    For  the  above  reasons,  a  pardon  was  granted. 

No.  25.  Alexander  Williams.  Convicted  of  assault 
and  battery,  Superior  Court,  Bristol  County,  Sept.  14, 
1887.  Sentenced  to  the  House  of  Correction  for  eighteen 
months.  Pardoned  June  22,  1888,  upon  the  recommen- 
dation of  the  district  attorney  and  prison  physician.  Wil- 
liams was  hopelessly  ill  with  Bright's  disease,  and  in  the 
opinion  of  ihe  prison  physician  would  never  recover. 

No.  26.  Francis  Do  WD.  Convicted  of  assault,  Supe- 
rior Court,  Suflfolk  County,  November  Term,  1886. 
Sentenced  to  the  House  of  Correction  for  two  j^ears. 
Pardoned  June  30,  1888,  upon  the  certificate  of  the 
prison  physician  that  the  prisoner  was  suflering  from  a 
bad  form  of  chronic  bronchitis,  which  at  his  advanced 
age,  65  years,  was  liable  to  prove  fatal. 

No.  27.  Thaddeus  Piper.  Convicted  of  an  attempt 
to  escape  from  the  House  of  Correction,  Berkshire 
County,  and  assault  on  an  officer,  Jan.  30,  1883,  Superior 
Court,  Berkshire  County.  Sentenced  to  State  Prison  for 
nine  j^ears.  Pardoned  July  11,  1888,  upon  the  recom- 
mendation of  the  district  attorney  who  tried  the  case,  the 
sherifl' of  Berkshire  County,  the  officer  who  was  assaulted, 
and  other  leading  citizens  of  Pittsfield,  on  the  ground 
that  the  prisoner  had  already  been  sufficiently  punished 
for  the  crime  committed,  and  that  the  ends  of  justice  had 
been  served. 


Special  Messages.  1299 

No.  28.  James  Conlon.  Convicted  of  larceny,  Pardons. 
Municipal  Court,  Boston,  June  22,  1887.  Sentenced  to 
the  Reformatory  on  an  indeterminate  sentence.  Par- 
doned July  12,  1888.  The  offence  for  which  the  prisoner 
was  sentenced,  as  appeared  by  the  report  of  an  investiga- 
tion made  by  the  commissioners  of  prisons,  was  a  very 
trifling:  one.  There  was  some  doubt  as  to  whether  it  was 
an  indictable  ofi*ence.  Conceding,  however,  that  it  was 
a  criminal  ofi'ence,  it  was  one  for  which,  it  seemed  to  the 
pardon  committee,  a  small  fine  would  have  been  a  suffi- 
cient punishment.  Prison  Commissioner  Chaplin  person- 
ally appeared  and  urged  a  pardon. 

No.  29.  Henry  alias  Honorie  Marquis.  Convicted 
of  polygamy,  Superior  Court,  Middlesex  County,  June 
14,  1887.  Sentenced  to  the  House  of  Correction  for 
eighteen  months.  Pardoned  July  27,  1888.  At  the 
time  of  the  marriage  for  which  he  was  indicted  he  had 
obtained  a  divorce  nisi  from  his  former  wife,  and,  as  it 
appeared,  he  honestly  believed  that  he  had  a  right  to 
marry.  A  short  time  after  the  second  marriage  the 
divorce  was  made  absolute.  The  pardon  committee  were 
satisfied  that  the  crime  was  committed  solely  by  reason  of 
his  being  misinformed,  or  not  having  correct  knowledge 
of  the  facts  of  the  situation. 

No.  30.  Hale  L.  Kingsley.  Convicted  of  rape, 
Superior  Court,  Bristol  County,  Dec.  23,  1863.  Sen- 
tenced to  State  Prison  for  life.  Pardoned  Aug.  2,  1888. 
The  oflfence  was  committed  more  than  twenty-five  years 
ago,  and  the  prisoner  had  been  confined  in  prison  for 
nearly  a  quarter  of  a  century.  The  late  district  attorney, 
Hon.  George  Marston,  the  prosecuting  officer  in  the  case, 
wrote  to  the  Governor,  under  date  of  May  21,  1873,  that, 
in  his  opinion,  "under  the  recent  statute  no  one  would 
be  sentenced  for  the  same  ofience  for  more  than  ten  years, 
and  that  probably  a  much  lighter  sentence  would  be  im- 
posed." 

No.  31.  Mary  Britt.  Convicted  of  larceny,  Superior 
Court,  Essex  County,  May  26,  1887.  Sentenced  to  the 
Reformatory  Prison  for  two  years.  Pardoned  Sept.  12, 
1888,  upon  the  recommendation  of  the  district  attorney, 
the  prison  commissioners,  the  mayor,  and  many  of  the 


1800  Special  Messages. 

Pardons.  leading  citizens  of  Lynn,  where  the  prisoner  lived  and 

where  the  crime  was  committed.  The  prisoner  had  borne 
a  good  character  previous  to  the  commission  of  this  crime, 
and  it  was  believed  that  she  was  thoroughly  reformed, 
and  that  the  ends  of  justice  would  be  answered  if  she  were 
released. 

No.  32.  EuDOLPH  Brinckert.  Convicted  of  receiv- 
ing stolen  goods,  Superior  Court,  Suffolk  County,  Janu- 
ary Term,  1888.  Sentenced  to  House  of  Correction  for 
one  year.  Pardoned  Sept.  13,  1888.  The  prisoner  was 
a  boy  sixteen  years  of  age.  The  value  of  the  property 
taken  was  two  dollars  and  eighty-six  cents.  The  prisoner 
was  convicted  jointly  with  another  person.  This  was  his 
first  offence,  but  being  without  counsel,  this  fact  was  not 
called  to  the  attention  of  the  court,  and  he  received  the 
same  sentence  as  his  associate,  who  had  been  convicted  of 
other  offences.  It  appeared  that  his  parents  were  good, 
honest  people,  and  the  pardon  was  recommended  by  the 
district  attorney. 

No.  33.  James  A.  Douglas.  Convicted  of  robbery, 
Superior  Court,  Suffolk  County,  September  Term,  1884. 
Sentenced  to  State  Prison  for  five  years.  Pardoned  Sept. 
27,  1888,  upon  the  recommendation  of  Prison  Commis- 
sioner Hooper,  Dr.  Sawin,  prison  physician,  and  Kev. 
Mr.  Barnes,  the  chaplain.  Douglas  had  but  six  weeks 
to  serve.  He  had  behaved  in  the  most  exemplary  man- 
ner during  his  whole  term,  never  having  been  punished  ; 
he  had  done  most  valuable  work  in  the  prison  hospital  ; 
and,  for  these  reasons,  the  prison  ofiicials  urged  his 
release. 

No.  34.  Charles  S.  Clifford.  Convicted  of  adul- 
tery, Superior  Court,  Worcester  County,  Feb.  8,  1887. 
Sentenced  to  the  House  of  Correction  for  two  and  one- 
half  years.  Pardoned  Oct.  17,  1888,  upon  the  recom- 
mendation of  the  selectmen  and  of  nearly  all  the  prominent 
citizens  of  Oakham.  The  wife  of  the  prisoner,  both  by 
letter  and  by  personal  appearance  at  the  hearing,  strongly 
urged  a  pardon  on  her  own  account,  and  for  the  benefit  of 
their  two  young  children.  After  a  careful  hearing  of  the 
case  and  of  the  circumstances  connected  with  the  crime,  it 
seemed  advisable,  as  the  wife  was  willing  to  condone  the 


Special  Messages.  1301 

offence  to  herself,  that  as  a  matter  of  public  policy  and  in  rai-.ions. 
the  interest  of  good  morals,  a  pardon  should  be  granted  to 
enable  a  re-establishment  of  the  family  relations  and  to 
secure  a  home  for  the  children. 

No.  35.  Emory  H.  Barker.  Convicted  of  breaking 
and  entering,  Superior  Court,  Essex  County,  Oct.  26, 
1887.  Sentenced  to  State  Prison  for  seven  years.  Par- 
doned Oct.  19,  1888,  upon  the  certificate  of  the  prison 
physician  that  the  prisoner  was  in  an  advanced  stage  of 
puhnonary  consumption,  which  was  likely  to  prove  fatal 
within  a  few  months.     He  died  in  November. 

No.  3().  Eugene  L.  Saunders.  Convicted  of  con- 
cealing mortgaged  property  and  conspiracy,  Superior 
Court,  Suffolk  County,  March  4,  1887.  Sentenced  to 
the  House  of  Correction  for  three  years  and  two  months. 
Pardoned  Nov.  28,  1888,  u[)on  the  recommendation  of 
District-Attorney  Stevens  and  ex-Chief-Inspector  Hans- 
com.  Saunders  gave  valuable  information  to  the  police, 
and  was  told  that  he  should  have  such  advantage  from 
that  information  as  could  be  fairly  afforded  him.  Through 
some  misunderstanding  these  facts  w^ere  not  brought  to 
the  attention  of  the  judge  at  the  time  of  sentence.  The 
district  attorney  and  Mr.  Hanscom  united  in  recom- 
mending a  deduction  of  twelve  months  in  his  sentence. 
He  was  accordingly  released  November  28. 

No.  37.  Thomas  Herty.  Convicted  of  murder,  second 
degree,  Supreme  Judicial  Court,  Middlesex  County,  April 
16,  1872.  Sentenced  to  the  State  Prison  for  life.  Par- 
doned Nov.  29,  1888,  as  an  act  of  executive  clemency  for 
Thanksgiving  Day.  The  Attorney-General  and  district 
attorney  who  tried  the  case  both  recommended  a  pardon. 
They  were  of  the  opinion  that  the  prisoner  did  not  intend 
or  contemplate  any  fatal  consequences,  and  that  man- 
slaughter was  the  offence  actually  committed.  The  time, 
more  than  sixteen  years,  which  the  prisoner  had  been 
imprisoned,  exceeded  the  sentence  which  he  would  have 
been  likely  to  receive  for  that  offence. 

No.  38.  Charles  Witham.  Convicted  of  breaking 
and  entering  and  assault,  Superior  Court,  Essex  County, 
Feb.  2,   1877.     Sentenced  to  the   State  Prison  for  life. 


1302  Special  Messages. 


Pardons. 


Pardoned  Nov.  29,  1888,  as  an  act  of  executive  clemency 
for  Thanksgiving  Day.  This  was  Witham's  first  offence. 
He  was  induced  to  assist  in  its  perpetration  by  two  older 
and  more  hardened  criminals  than  himself,  both  of  whom 
escaped  punishment.  His  conduct  since  his  confinement 
has  been  in  every  respect  exemplary.  He  had  been 
diligent  and  faithful  in  his  employment,  and  it  was  believed 
that  the  punishment  suffered  had  been  ample,  and  that  he 
would  become  a  good  citizen  and  a  useful  member  of  the 
community. 

'No.  39.  Frank  W.  Foster.  Convicted  of  embezzle- 
ment, Superior  Court,  Franklin  County,  April  2,  1887. 
Sentenced  to  the  House  of  Correction  for  five  years. 
Pardoned  Nov.  29,  1888,  for  the  reasons:  that  it  was 
requested  by  the  town  that  had  been  wronged  ;  that  resti- 
tution had  been  made  ;  that  his  health  was  rapidly  failing ; 
and  that  his  past  life  had  been  exemplary  and  above 
reproach. 

No.  40.  Margaret  Carr.  Convicted  of  violating  the 
license  law,  Superior  Court,  Middlesex  County,  Nov.  26, 
1888.  Sentenced  to  pay  a  fine  of  $50  and  costs.  Par- 
doned Dec.  5,  1888,  upon  the  recommendation  of  District- 
Attorney  W.  B.  Stevens  and  E.  J.  Noyes,  chief  of  police 
of  Lowell,  on  the  ground  that  the  prisoner  was  the  mother 
of  a  large  family  of  children  of  tender  years,  and  that  she 
was  unable  to  pay  the  fine. 

No.  41.  William  Baxter,  alias  George  Manning. 
Convicted  of  obtaining  goods  under  false  pretences, 
Superior  Court,  Suftblk  County,  July  Term,  1885.  Sen- 
tenced to  State  Prison  for  four  years.  Pardoned  Dec.  14, 
1888.  Baxter's  sentence  would  have  expired  on  the  second 
day  of  January,  1889.  Dr.  Rufus  K.  Noyes,  50  Chambers 
Street,  Boston,  certified  that  "Baxter's  oldest  child,  aged 
nine  years,  was  seriously  ill  with  scarlet  fever,  and  owing 
to  his  ungratified  longing  to  see  his  father  his  convalescence 
was  retarded."  The  day  before  the  pardon  was  granted, 
a  second  child  was  attacked  by  the  same  disease.  As 
Baxter  had  less  than  three  weeks  to  serve,  he  was  pardoned 
for  humanity's  sake.  This  was  his  first  offence,  and  the 
district  attorney  recommended  granting  the  petition. 


1. 


Special  Messages.  1308 

No.  42.     Walter  Kirby.     Convicted  of  breaking  and  p^'^ods. 
entering  and    larceny,  Superior    Court,   Bristol    County, 
June  16,  1887.     Senteiiced  to  the  House  of  Correction  for 
four  years.     Pardoned  Dec.   19,   1888,  on  the  ground  of 
the  probable  fatal  illness  of  the  prisoner. 

No.  43.  William  E.  Piialan.  Convicted  of  man- 
slaughter, Superior  Court,  Middlesex  County,  Nov.  9, 
1886.  Sentenced  to  State  Prison  for  seven  years.  Par- 
doned Dec.  26,  1888.  The  offence  of  Avhich  the  prisoner 
was  convicted  was  committed  in  a  moment  of  excite- 
ment and  passion,  while  he  was  under  the  influence  of 
liquor.  He  had  been  a  trusted,  reliable  and  honorable 
young  man  previous  to  this,  his  only  offence.  The  dis- 
trict attorney  in  his  report  stated,  "I  doubt  if  he  fully 
realized  what  he  was  doing ;  at  any  rate,  I  do  not  believe 
he  intended  the  blow  should  be  fatal."  The  pardon  was 
recommended  by  man}'-  of  the  leading  citizens  of  Cam- 
bridge and  vicinity  and  by  ex-Prison-Commissioner  Fay, 
who  personally  appeared  and  urged  his  release.  His 
jwison  record  had  i)een  perfect.  He  seemed  earnest,  and 
determined  to  lead  a  sober  and  upright  life.  For  these 
reasons  a  pardon  was  granted. 

No.  44.  Martin  Sullivan.  Convicted  of  robbery 
with  force,  Superior  Court,  Norfolk  County,  April  22, 
1861.  Sentenced  to  State  Prison  for  life.  Pardoned 
Dec.  26,  1888,  for  the  reason  that  he  had  been  in  prison 
more  than  twenty-seven  years.  His  relatives  gave  assur- 
ance that  if  released  his  future  support  would  be  provided 
for.  The  punishment  already  suffered  seems  to  have  been 
a  sufficient  expiation  of  the  offence. 

No.  45.  Edward  J.  Moran.  Convicted  of  man- 
slaughter. Supreme  Judicial  Court,  Hampden  County, 
Dec.  14,  1885.  Sentenced  to  State  Prison  for  fifteen 
years.  Pardoned  Dec.  28,  1888.  The  prisoner  was  an 
old  man,  -suffering  from  chronic  disease  of  brain  and  spinal 
cord,  and  in  the  opinion  of  the  prison  physician  would 
never  recover.  He  had  a  brother  and  sister  who  were 
willing  and  anxious  to  care  for  him  during  the  remainder 
of  his  days. 


1304  Special  Messages. 

Pardons.  jvj-q^  ^q^     Daxiel  Friel.     Convictecl  of  murder,  second 

degree,  Supreme  Judicial  Court,  Suffolk  County,  Feb. 
24,  1875.  Sentenced  to  State  Prison  for  life.  Pardoned 
Jan.  1,  1889.  It  appeared  that  the  prisoner  and  one 
Smith,  strangers  to  each  other,  were  put  into  a  cell 
together  while  both  were  in  an  intoxicated  condition,  that 
a  quarrel  arose,  and  injuries  were  inflicted  on  Smith,  as  a 
result  of  which  he  died  three  days  afterwards.  The  pris- 
oner was  unarmed  and  no  weapon  was  used.  In  a  report 
made  to  the  Governor  by  the  Attorney-General  in  1880, 
that  officer  said:  "While  the  verdict  of  murder  in  the 
second  degree  can  ])e  justified  on  the  facts  appearing  as 
their  logical  and  legal  result,  I  think  a  fair  and  somewhat 
merciful  judgment  on  these  facts  would  call  for  a  verdict 
of  manslaughter.  The  case  is  such  a  one  as,  in  my  judg- 
ment, to  entitle  the  prisoner  to  a  pardon  at  some  time.  I 
think  that  the  execution  of  a  life  sentence  upon  a  man  of 
the  age  of  Friel,  for  such  a  homicide,  would  be  too 
severe."  For  these  reasons  and  in  consideration  of  the 
fact  that  the  prisoner  had  already  served  over  thirteen 
3^ears,  a  longer  period  than  he  probably  would  have  served 
if  the  verdict  had  been  for  manslaughter,  and  upon  the 
petition  of  a  large  number  of  citizens  of  high  standing, 
who  were  conversant  with  the  facts  in  the  case,  a  pardon 
was  granted. 

No.  47.  William  Brock  Minkler.  Convicted  of 
murder,  second  degree.  Supreme  Judicial  Court,  Bristol 
County,  Nov.  19,  1878.  Sentenced  to  State  Prison  for 
life.  Pardoned  Jan.  1,  1889.  It  appeared,  after  a  very 
careful  investigation  of  the  case,  that  the  prisoner  was  a 
young  man,  small  in  stature  and  feeble  in  health,  while  the 
man  who  was  assaulted  was  a  large  and  powerful  nian  ; 
that  there  was  a  general  scuflle,  during  which  the  killing 
took  place ;  that  there  was  evidence  tending  to  show  that 
the  act  was  committed  in  self-defence  ;  and  that,  had  the 
case  been  tried,  the  verdict  would  have  been  manslaughter, 
and  the  sentence  imposed  not  longer  than  the  time  already 
served  by  the  prisoner. 

No.  48.  Coleman  Smith.  Convicted  of  assault  and 
robbery,  Superior  Court,  Suffolk  County,  May  Term, 
1886.  Sentenced  to  State  Prison  for  four  years.  Par- 
doned Jan.  1,  188-9.     The  committee  recommended  that 


Special  Messages.  1305 

a  pardon  be  granted,  for  the  reason  that  they  doubted  P-"f'o"«- 
Smith's  guilt,  and  that  his  release  was  favored  by  Hon. 
Oliver  Stevens,  district  attorney,  who  prosecuted  the 
case,  and  by  Hon.  Albert  T.  Whiting,  chairman  of  the 
Boston  Board  of  Police,  who  knew  the  circumstances  of 
the  crime  of  which  Smith  was  convicted,  and  believed 
him  to  be  innocent. 

No.  49.  Michael  C.  Hayes.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  Nov.  27,  1888.  Sen- 
tenced to  the  Reformatory  on  an  indeterminate  sentence. 
Pardoned  Jan.  2,  1889,  on  the  ground  of  the  delicate 
health  of  the  prisoner,  all  of  whose  family  had  died  of 
consumption,  and  the  ill  health  of  his  wife  and  child  who 
needed  his  support.  It  appeared  that  the  prisoner  had 
made  full  restitution,  and  there  was  evidence  tending  to 
show  that  his  offence  was  more  an  error  of  judgment  than 
an  attempt  to  commit  crime. 

[To  the  Senate  and  House  of  Representatives,  January  30,  1889.] 

In  my  inaugural  address  I  had  the  honor  to  inform  the  Payment  for 
Legislature  that  certain  lands  mentioned  in  chapter  349  of  [he'bVtiei^°  ^'''^ 
the  Acts  of  the  year  1888  had  been  taken  by  the  Governor  "ftb'^^l^ff '°° 
and  Council,  acting:  under  the  provisions  of  that  act,  in  goveinmeDt, 

c?  L  Jlllfl  p1r118  101* 

the  name  of  the  Commonwealth,  and  that  the  claims  of  the  building 
former  owners  for  the  value  of  their  property  so  taken 
were  in  process  of  settlement. 

Agreements  have  been  made  with  parties  in  interest  to 
the  amount  of  $371,000.  There  still  remain  claims  against 
the  Commonwealth  to  an  amount  not  exceeding  $205,000. 
By  the  act  of  1888  the  sum  of  $500,000  was  appropriated 
for  the  purpose  of  making  the  purchases  for  which  it  pro- 
vided. There  will  be  required,  to  fully  carry  out  its 
terms,  an  additional  appropriation  of  $136,000.  I  recom- 
mend that  such  appropriation  be  made. 

1  renew  my  suggestion  that  the  debt  already  incurred 
and  to  be  incurred  for  this  purpose  be  funded,  and  I  rec- 
ommend that  a  sinking  fund  be  created  for  the  payment 
of  bonds  issued  on  this  account.  Into  this  fund  there 
should  be  paid  the  premium  on  the  bonds  sold,  any  unex- 
pended balance  of  funds  appropriated  for  the  payment  and 
satisfaction  of  claims  incurred  by  the  taking  of  these  lands, 
and  the  net  rentals  of  all  lands  so  taken.  I  also  recom- 
mend that  the  Governor  and  Council  be  authorized  and 


1306  Special  Messages. 

empowered  to  appoint  an  agent  to  take  charge  of  the 
property  acquired  under  said  act,  until  such  time  as  the 
Commonwealth  may  desire  to  occupy  the  same  for  its 
own  purposes. 

By  chapter  92  of  the  Resolves  of  the  year  1888  the 
sum  of  $5,000  was  appropriated,  '-to  be  expended  under 
the  direction  of  the  Governor  and  Council,  to  enable 
them  to  devise  and  report  to  the  General  Court  in  the 
month  of  January  in  the  year  eighteen  hundred  and  eighty- 
nine  a  general  plan  for  the  use,  occupation  and  injprove- 
ment  of  any  lands  acquired  or  taken  for  State  purposes, 
including  therein  the  present  State  House  grounds,  and 
for  the  alteration  or  enlargement  of  any  existing  buildings, 
or  the  erection  of  any  new  buildings  thereon." 

Acting  under  the  terms  of  this  resolve,  the  Governor 
and  Council  invited  architects,  by  public  advertisement, 
to  present  competing  sketches  of  plans,  and  offered  the 
following-named  prizes:  for  the  best  sketch,  $1,500;  for 
the  sketch  second  in  merit,  $1,200;  for  the  sketch  third 
in  merit,  $900.  In  response  to  this  invitation,  thirteen 
plans,  or  sketches  of  plans,  were  presented.  That  the 
Governor  and  Council  might  more  intelligently  pass  upon 
the  merits  of  these  designs,  Messrs.  Carl  Fehmer  and 
Frank  W.  Chandler,  architects  of  established  reputation, 
were  employed  to  aid  them  in  their  consideration  of  the 
sketches  and  in  their  award  of  prizes. 

After  a  careful  study  of  the  respective  merits  of  each 
design,  with  a  due  regard  to  the  convenient  arrangement 
of  the  rooms  for  the  several  departments,  economy  of 
space,  facilities  for  light  and  air,  and  conformity  of  the 
architecture  of  the  exterior  to  that  of  the  present  building, 
unanimous  choice  was  made  of  the  plan  presented  by 
Messrs.  Brigham  &  Spofford  of  Boston,  as  that  which 
was  entitled  to  the  highest  prize.  The  second  prize  was 
awarded  to  Mr.  John  L.  Faxon  of  Boston,  and  the  third 
prize  to  Mr.  Henry  S.  McKay  of  Boston. 

The  Governor  and  Council  present  the  plan  of  Messrs. 
Brigham  &  Spofford  to  the  Legislature,  and  recommend 
its  adoption,  as  a  general  plan  for  the  purposes  mentioned 
in  the  resolve.  In  their  opinion,  however,  some  modifi- 
cations will  be  advisable. 

I  transmit  to  you  with  this  a  copy  of  the  order  adopted 
in  Council  in  relation  to  this  matter. 


I 


Special  Messages.  1307 

[To  the  Senate  and  House  of  Representatives,  April  10,  1889.] 
In   compliance  with   the   terms   of   chapter  38   of  the  Plan  for  the 

T->i  L-    A^  i  Ti'i^  I  -ii  better  accoinmo- 

Kesolves  of   the  present  year,  1  submit  to  you  herewith  a  dationofthe 
"  substantially  perfected  plan  .   .   .  for  the  better  accom- ,^eu®f°nr°" 
modation    of  the    State   government ;    and   also  reliable  costT/con-  ^^^ 
estimates  of  the  cost  of  construction  according  to  the  plan  struction. 
so  reported."     This  revised    plan    is  presented  with  the 
approval  of  the  Governor  and  Council  and  the  committee 
on   State  House    of  your  bodies,  as  the  result  of  their 
labors,  and    of  those    of    the  architects    and    consulting 
architects. 

It  retains  the  best  features  of  the  admira,bly  arranged 
department  building  of  the  original  Brigham  &  Spofford 
plan,  and  includes  valuable  suggestions  made  by  the 
expert  architects  who  assisted  in  awarding  the  prizes 
relating  to  important  monumental  interior  features  and  to 
general  external  treatmcBt.  The  principal  aim  has  been 
to  design  the  additions  in  the  classic  spirit  that  animated 
the  renowned  Bulfinch,  the  architect  of  the  present  struc- 
ture, which  has  always  been  so  much  admired  for  its 
dignified  and  beautiful  style ;  to  do  as  he  might  have 
done  had  he  been  called  upon  to  enlarge  the  building ; 
and  to  design  the  new  portions  in  perfect  harmony  with 
the  existing  structure,  so  that  the  whole,  when  completed, 
will  present  a  consistent  and  artistic  group.  Many  modi- 
fications and  improvements,  suggested  by  the  committee 
on  State  House,  are  also  embodied  in  this  plan. 

No  attempt  at  any  unnecessary  or  uncalled-for  archi- 
tectural display  is  made,  and  the  present  gilded  dome, 
the  familiar  landmark  and  pride  of  so  many  of  us,  will 
still  be  the  only  dominating  feature  of  the  group. 

Experienced  and  reliable  builders  place  the  cost  of 
construction  at  $2,400,000  to  |;2,500,000. 

I  transmit  with  this  also  a  detailed  statement  of  the 
architects  in  relation  to  the  proposed  building. 

[To  the  Senate  and  House  of  Representatives,  June  5,  1889.] 

Several  matters  pertaining  to  the  Southern  Vermont  Rail-  ga^e°o?sout1^em 
road  and   the  Troy  and  Greenfield  Railroad  and  Hoosac  vermontRaii- 
lunnel  are  in  controversy  between  the  Commonwealth  and  Fitchbiug  Raii- 
the  Fitchburg  and  Troy  and  Boston  railroad  companies,  and  8et°tie!Tfen't' 
Suits  are  pending  for  the  recovery  of  the  rental  of  the  °^'='''"'"^- 
Southern  Vermont  Railroad  for  several  years,  in  answer 
to  which  the  Troy  and  Boston  Railroad  Company  sets  up 


1308  Special  Messages. 

certain  alleged  agreements  on  the  part  of  the  Common- 
"vvealth.  The  accounts  for  the  operation  of  the  Troy  and 
Greenfield  Kailroad  and  the  Hoosac  Tunnel  for  several 
years  are  unsettled  and  in  dispute,  and  the  Fitchburg 
Railroad  Company  claims  an  allowance  on  account  of  the 
unsafe  condition  of  the  bridges  on  the  Troy  and  Green- 
field Railroad  at  the  time  of  the  consolidation. 

The  Fitchburg  Railroad  Company  desires  to  enter  into 
negotiations  with  the  Commonwealth  with  a  view  of  set- 
tling all  pending  controversies,  and  I  am  of  the  opinion 
that  it  would  be  advisable  to  adjust  the  same  without 
long-continued  and  expensive  litigation  in  the  courts. 

By  the  provisions  of  chapter  297  of  the  Acts  of  the 
year  1^85,  by  virtue  of  which  the  Troy  and  -Greenfield 
Railroad  and  Hoosac  Tunnel  has  been  consolidated  with 
the  Fitchburg  Railroad  Company,  it  was  provided  that 
the  said  consolidated  corporation  might  unite  with  a  line 
or  lines  of  railroad  extending  to  the  Hudson  River,  and 
that  the  Governor  and  Council  might,  concurrently  with 
such  union,  sell  to  or  unite  with  such  consolidated  cor- 
poration the  Southern  Vermont  Railroad.  As  no  sale  or 
union  of  the  Southern  Vermont  Railroad  was  made,  it  is 
at  least  doubtful  whether  the  Governor  and  Council  have 
authority  at  present  to  make  the  same.  The  Fitchburg 
Railroad  Company  desires  to  acquire  the  ownership  of  the 
Southern  Vermont  Railroad. 

I  therefore  refer  the  matter  to  the  Legislature,  with  the 
recommendation  that  the  Governor  and  Council  be  author- 
ized to  sell  and  convey  the  Southern  Vermont  Railroad  to 
the  Fitchburg  Railroad  Company,  upon  such  terms  as  may 
seem  just  and  proper;  and  may  be  further  authorized  to 
compromise  and  settle  all  claims  and  matters  in  contro- 
versy between  the  Commonwealth  and  the  Fitchburg  and 
the  Troy  and  Boston  railroad  companies,  or  either  of 
them. 


CHANGE    OF    NAMES. 


cha:^ge  of  :n^ames  of  peesoi^s. 


Ix  compliance  with  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of 
the  following  Changes  of  Names  have  been  received  at  the  Department  of  the  Secretary  of  the 
Commonwealth,  as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective 
Counties :  — 

SUFFOLK  COUNTY. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

188S. 

■_      Jan.       2, 

Annie  Maria  Cecelia  Brady, 

Annie  Maria  Cecelia  Williams, 

Boston. 

9, 

Cora  Rebecca  Green,* 

Cora  Rebecca  Goodwin, 

Boston. 

9, 

Josephine  Moffett,*    . 

Mildred  Van  Schoick,    . 

Boston. 

9, 

Grace  C.  Currier,*     . 

Grace  Adell  Homer, 

Boston. 

16, 

Percy  Cliffton  Greenlaw, 

Percy  Cliffcon  Eaton, 

Boston. 

16, 

Frank  P.  Weston,*    . 

Frank  Preissler, 

Philadelphia,  Pa. 

Feb.      6, 

Joseph  Lowney,* 

Joseph  Edward  Corbett, 

Boston. 

13, 

Florence  Waters,* 

Grace  Lillian  Gilmore,   . 

Boston. 

13. 

Seddie  Deloria,* 

Burt  Orlando  Gilman,    . 

Boston. 

13, 

Vincenzo  Patrizio,*   . 

Vincenzio  Argenzio, 

Boston. 

13. 

Sarah  E.  Rowland,*  . 

Esther  Olive  Spencer,     . 

Boston. 

27, 

Josiah  Edson,*  . 

Charles  Winckley  Cole, . 

Brookline. 

27, 
^                  27, 

Eva  James  Chisholm,* 

Eva  Elinor  Quint,  . 

Boston. 

John  Joseph  Kelley,* 

Louis  Barr  Hicks,  . 

Boston. 

Mar.     5, 

Lizzie  Stevenson,* 

Bertha  Larcom  Tay, 

Tewksbury. 

5, 

Martin  McNultv,* 

Charles  Washington  Birch,    . 

Natick. 

5, 

Lulu  Florence  Smith, 

Lulu  Florence  Cunio,     . 

Boston. 

5, 

Douglas  B.  Rieder,*  . 

Donglas  Bennett  Turner, 

Springfield. 

12, 

Philip  Martin,*  . 

All)ert  Francis  Woodward,    . 

Boston. 

12, 

Lizzie  Sherman.* 

Lizzie  Hickman, 

Boston. 

12, 

Lulu  Parthow  White,* 

Lulu  Frances  Rounds,    . 

Woburn. 

19, 

Annie  Frazier,*  . 

Annie  Frances  Charlton, 

Nova  Scotia. 

19, 

Henry  Frazier,*. 

Henry  William  Norton, 

26, 

William  Galloway,    . 

William  Lincoln  Galloway,    . 

Boston. 

26, 

Alice  Finley,*     . 

Dorothy  Lydia  Eaton,    . 

Boston. 

April     2, 

Ethel  Louise  Balder,* 

Ethel  Mildred  Wheeler, 

Boston. 

2, 

Eleanor  Brown,* 

Eleanor  Joslin, 

Boston. 

9, 

Alfred  Bean, 

Alfred  Cobb  Bean, . 

Boston. 

9, 

Harry  Chapman,* 

Ralph  Southwick  Nealy, 

Boston. 

9, 

Mary  Ann  Hathaway, 

Mary  Ann  Prindle, 

9, 

David  Quinn,*    . 

Josiah  Quinn, .... 

Boston. 

16, 

Mary  Ann  Martin,*    . 

Annie  Bohan 

Boston. 

16, 

Fred  Almon  Brackett,*     . 

Fred  Almon  Pushee, 

Boston. 

16, 

Minnie  Derward,* 

Minnie  Lottie  Franklin, . 

Boston. 

30, 

Leonidas  Maurice  Griffin,* 

Leonidas  Maurice  Palmer,     . 

Boston. 

30, 

Fannie  Levi,*      .... 

Fannie  Barry, 

Boston. 

Changed  by  reason  of  adoption. 


1312 


Change  of  Names. 


SUFFOLK   COUNTY  —  Concluded. 


Date  of 

Decree. 

Original  Name. 

Kame  Decreed. 

Residence. 

1888. 

May 

7, 

George  Hugo  Buriiholzer, 

George  Burgholzer  Hugo, 

• 

7, 

Mildred  Virginia  Hughes,* 

Mildred  Virginia  Caldwell,    . 

Chelsea. 

14, 

Gertrude  M.  Geppel,* 

Gertrude  May  Forsyth,  . 

Chelsea. 

14, 

Frederick  Brandforth,* 

Frederick    Brandforth    Con- 
nolly,     

'  Boston. 

21, 

Loise  Read  Patten,*  . 

Loise  Read  Babson, 

Boston. 

21, 

Catherine  Mary  Murray,* . 

Catherine  Mary  Hale,    . 

Boston. 

28, 

George  Morton,* 

George  Carlos  French,   . 

Boston. 

June 

4, 

Benjamin  B.  Murray,* 

William  Benjamin  Boyden,  . 

Boston. 

4, 

Eva  Elliott  Leline,*   . 

Bessie  Torrev, 

Boston. 

11, 

William  John  Butler,* 

Willie  J.  Blake.       . 

Boston. 

18, 

Ida  Campbell,*  .... 

Mary  Ann  Bishop, . 

Boston. 

2o. 

Charles  Henry  Moses, 

Charles  Henry  Moseley, 

Boston. 

25, 

Alice  Christina  Brown,*    . 

Alice  Christina  Stenman, 

Boston. 

25, 

Ralph  Francis  Handy,*     . 

Ralph  Francis  Rogers,   . 

New  Bedford. 

July 

2, 

Mary  Ann  Burns,*     . 

Mary  Ann  Lynch,  . 

Boston. 

2, 

William  Lawrence  Tucker, 

Lawrence  Tucker,  . 

Boston. 

9, 

John  William  Busby,* 

Ernest  Chester  Baker,    . 

Boston. 

30, 

Burpee  Earnest  Piper, 

Earnest  Burpee  Raymond,     . 

Boston. 

30, 

Gustave  Joseph  Blank, 

Edgar  Theodore  Thurlow, 

Boston. 

30, 

William  Morris  Austin  Peters, 

Morris  Austin  Peters,     . 

Boston. 

Aug. 

20, 

Ella  May  Townsend,* 

Ma3'  Ella  Vilas, 

Boston. 

Sept. 

4, 

Henry  Felton,*  .... 

Henry  Felton  Ames, 

Boston. 

4, 

Florence  Agnes  Murray,* . 

FlorenceWendom  Van  Deusen, 

Boston. 

4, 

Mabel  Young,*  .... 

Mabel  Louise  Towle,      . 

Boston. 

10, 

Lillian  Marr  Canney,* 

Lillian  Marr  Safford, 

Boston. 

10, 

Charles  Henry  Eltz,* 

Charles  Eltz  Heath, 

Boston. 

10, 

Eliza  Somerby  Prince, 

Lillian  Prince, 

Boston. 

17, 

Susie  Ann  Smith,*     . 

Margaret  Pfaff, 

Boston. 

24, 

Sarah  Helen  White,* 

Annie  Laura  Spinney,    . 

Chelsea. 

Oct. 

8, 

John  O'Beirne,    .... 

John  Burnes,  .... 

Boston. 

15, 

David  Harry  Kayes,* 

David  Harry  Price, 

Boston. 

15, 

Kate  Prentice,    .... 

Kate  Annette  Heyer, 

Boston. 

22, 

Florence  Clement,*    . 

Florence  Howard  Morse, 

Boston. 

Nov. 

^, 

Ebenezer  J.  Foster,* . 

Ebenezer  J.  Foster  Eddy, 

Boston. 

5, 

James  Mack,*     .... 

James  Arthur  Dixon,     . 

Boston. 

■5, 

William  Tufts  Rankine,*  . 

William  Tufts, 

Boston. 

12, 

Fred  Humphrey  Plumb,    . 

Fred  Humphrey,     . 

Boston. 

12, 

Lizzie  C.  Baker, 

Beth  Baker,     .... 

Boston. 

19, 

Alfred  Evans  Worthley,    . 

Fred  Evans  Worthley,  . 

Boston. 

26, 

John  Coffin  Jones, 

John  Sumner, .... 

Boston. 

26, 

Austin  Sumner  Jones, 

Austin  Sumner, 

Boston. 

26, 

Marguerita  Jones, 

Marguerita  Sumner, 

Boston. 

26, 

Ella  Maria  Jones, 

Ella  Maria  Sumner, 

Boston. 

26. 

John  James  Hooper, . 

Georse  Hooper  Merrill, . 

Boston. 

Dec. 

3, 

Ida  Helen  Slack, 

Ida  Helen  Stebbins, 

Chelsea. 

3, 

Roland  S.  Slack, 

Roland  Stewart  Stebbins, 

Chelsea. 

10, 

Harry  Osgood,* .... 

Harry  Hatch 

Boston. 

10, 

Elsie  Leown  Duncan,* 

Elsie  Leown  Coffin, 

Boston. 

17, 

Herbert  Eustice  Cochrane,* 

George  Norman  Riblet, . 

Newton. 

17. 

John  Francis  McCaughey,* 

William  Chester  Sheldon, 

Boston. 

17, 

Mabel  Engley,* .... 

Grace  Edna  Hanscom,   . 

Hopkinton. 

24, 

Januario  Soares  de  Figueiredo, 

James  Fred  Sears,  . 

Boston. 

31, 

Ada  Souther  Tarhell  Jennings,* 

Ada  Souther  Tarbell, 

Boston. 

31, 

Bessie  P.  Sullivan,     . 

Bessie  P.  Scales,     . 

Boston. 

31, 
31, 

Emelie  Katharina  Gutberlet,*  . 
Eugenia  Redman  Highriter,*    . 

Emelie  Katharina  Israel, 
Eugenia    Redman   Highriter 

Jacobs,         .... 

Boston. 

*  Changed  by  reason  of  adoi)tion. 


Change  of  Names. 

ESSEX   COUNTY. 


1313 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Kesidence. 

1888. 

Jan. 

2 

Ralph  Putnam  Cook,* 

Ralph  Cook  Putnam,     . 

Danvers. 

2, 

Clementina  Glover,*  , 

Maybell  Victoria  Bowman,    . 

2, 

Florence  Martin,  formerly 

Mora 

Colt,*       .... 

Betsey  Jane  Pike,  . 

Needhara. 

16, 

Mabel  Estella  Hood,* 

Mabel  Estella  Rogers,    . 

Ipswich. 

Feb. 

6, 

Norman  Edwnrd  Dunn, 

Norman  Edward  Crosby, 

Beverly. 

20, 

Lottie  Busbie,*  . 

Dora  Pearl  Barter, 

New  York,  N.  Y. 

Mar. 

5, 

Oscar  W.  Clark.t 

Oscar  Watson  Frost, 

Wen  ham. 

5, 

William  H.  Htzgerald, 

William  Henry  Buckley, 

Bradford. 

19, 

Mary  E.  McGovern,* 

Mary  Ellen  Montgomery, 

Newton. 

26, 

Cassie  McDongall,*    . 

Eva  Maud  Gregware,     . 

Salem. 

April 

2, 

Angela  M.  Cook,*      . 

Angela  May  Gardner,    . 

Danvers. 

23, 

Catherine  Brennan,*  . 

Sarah  Frances  Hincks,  . 

Lynn. 

May 

21, 

John  F.  Rvan,    . 

John  Franklin  Watts,    . 

Lynn. 

June 

4, 

4, 

Mona  Bell',* 
Margaret  E.  King,*  . 

Mona  Bell  Welch,  . 
Bertha  Evangeline  Shaw, 

Boston. 

25, 

Isabel  le  M.  Sagar,*    . 

Isabella  Maud  Furber,  . 

Lynn. 

July 

2, 

Jones  Collins, 

John  Perley,   .... 

Lynn. 

Aug. 

6, 

James  Kelly,  otherwise  k 

nown 

as  James  Goodman,* 

James  Coughlin,     . 

,  Haverhill. 

6, 

Rose  Orsikowsky,*    . 

Shirlie  McKenney, . 

Boston. 

Oct. 

1, 

Grace  E.  Locke,* 

Grace  Etta  Douglass, 

Burnhamville, 

Minn. 

8, 

Alfred  0.  Rodien, 

Alfred  Levi  Wright, 

Haverhill. 

8, 

McSwain,*  . 

Charles  Edward  Sargent, 

Haverhill. 

Nov. 

5, 

Ernest  W.  Smith,*    . 

Ernest  Walter  Rowe,     . 

Gloucester. 

19, 

Charles  A.  Anderson, 

Charles  Augustus  Cederberg, 

Gloucester. 

Dec. 

17, 

Mark  L.  Koviensky,  . 

Mark  Lewis 

Haverhill. 

MIDDLESEX  COUNTY. 

Jan. 

3, 

Ormsbv  Albert  Macready, 

Ormsby  Albert  Court,    . 

Lowell. 

3, 

Lilla  Blanche  Macready,  . 

Lilla  Blanche  Court, 

Lowell. 

3, 

John  Sewall  Pratt,     . 

John  Sewall  Pratt  Alcott, 

Concord. 

3, 

Alice  McDonald,* 

Marie  Grey  Hilton, 

Boston. 

10, 

John  William  Cummings, 

John  Addison  Cummings, 

Somerville. 

17, 

Helen  Maria  Hopkins, 

Helen  Maria  Brown, 

Lowell. 

17, 

Frances  Charlotte  Armstrong,  . 

Frances  Charlotte  Allen, 

Lowell. 

Feb. 

7, 

William  Albert  Smith, 

William  Albert  Cutter,   . 

Wakefield. 

7, 

Algernon  Finn,* 

Frederic  Ray  Jewett, 

Groton. 

7, 

Emily  Jane  Leckley,* 

Mary  Maria  Ayers, 

Cambridge. 

14, 

Ida  Rachkowsky, 

Ida  "Harris 

Lowell. 

14, 

Joseph  Rachkowsky, 

Joseph  Harris, 

Lowell. 

14, 

Mary  Amelia  Horibin,*     . 

Mary  Amelia  Sanderson, 

Lowell. 

Mar. 

6, 

Victoria  Ludlow,* 

Alice  Crawford  Marshall, 

Maiden. 

6, 

Ralph  Enderly,* 

Ralph  William  Eldridge, 

Weston. 

6, 

George  Emery,* 

Walter  Etfevard  Doughty,      . 

Boston. 

13, 

Irene  Virginia  McKean,*  . 

Irene  Virginia  Merritt,  . 

Boston. 

13, 

Vida  Luella  AVood,*  . 

Vida  Lawrence  Patch,    . 

Pepperell. 

20, 

Walter  Ray,*      .        .        .        . 

Fordyce  Raymond  Moores,  . 

Marlborough, 

27, 

Joseph  Horm,     .        .        .        . 

Joseph  Weissbach, 

Somerville. 

27, 

Harry  Stanlev  Whiting,*  . 

Han-y  Augustus  Newton, 

Boston. 

Apri 

3, 

Edwin  Burke,*  .        .        .        . 

Jame«  Edwin  Bartlett,   . 

Attleborougli. 

3, 

Jennie  Crowe,*  .        .        .        . 

Mary  Greeley, 

Lexington. 

*  Changed  by  reason  of  adoption. 

t  May  2,  1871,  Oscar  W.  Clark's  name  changed  from  Oscar  Watsou. 


1314 


Change  of  Names. 

MIDDLESEX   COUNTY  — Concluded. 


D.ite  of 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

1S88. 

April   10, 

Lottie  McAulev,* 

Lottie  Winsor  Tufts, 

Boston. 

10, 

Arthur  Watts  Taylor,*      , 

Arthur  Hartwell  Douglass,    • 

Boston. 

May      1, 

Henry  Corhin,*  .... 

WiUiam  James  Drewett, 

Ayer. 

1, 

William  Albert  Howard,* 

William      Albert      Howard 
West 

Boston. 

15, 

Ina  Kennedy,*   .... 

Lizzie  Maude  Coates, 

Lowell. 

22, 

Maude  Hutcbins,*     . 

Maude  Hazelton  Russell, 

Boston. 

June     5, 

Nancy  Maria  Poor,    . 

Nina  Maria  Poor,   . 

Somerville. 

5, 

Frances  Isabella  Miller, 

Isabella  Proctor  Miller, . 

Newton. 

12, 

Harriot  Paist  Millett,* 

Harriot  Burnett  Newhall, 

Newton. 

26, 

Harold  Caverly  Daly, 

Harold  Caverly, 

Lowell. 

July      3, 

Inez  Gray,* 

Annie  Green 

Maiden. 

10, 

Elizabeth  Langdon,* . 

Elizabeth  Smith,     . 

Lowell. 

17, 

Willard  Edward  Slater,* 

Willard  Edward  Frazier, 

Lowell. 

17, 

Harriet  E.  Habel,*     . 

Hattie  Elizabeth  King,  . 

Boston. 

24, 

Amy  Palmer  Morton,* 

Amy  Palmer  Bacon, 

Boston. 

24, 

Mary  Buchanan,* 

Margaret  Edna  Higley, . 

Westborough. 

Sept.     4, 

Irene  Marie  Damon,* 

Irene  Damon  Mansir,     . 

Somerville. 

11, 

Lizzie  Ellen  Sherwood,* 

Lizzie  Ellen  Morris, 

Maynard. 

11, 

Catherine    Frances    Mage 

elene 

Catherine  Frances  Magdelene 

Conboy,* 

Rourke,        .... 

Boston. 

Oct.       9, 

Clara  Lillian  Goodhue,* 

Clara  Lillian  Carey, 

Boston. 

9, 

Edith  Hamilton,* 

Grace  Arliene  Hedge,     . 

Wakefield. 

Nov.      7, 

Alice  M.  Fancher,*    . 

Alice  M.  Pushee,    . 

Somerville. 

7, 

Grace  Louise  Boggs,* 

Grace  Louise  Hodgkins, 

Springfield. 

7, 

Samuel  Wallace,* 

Percy  Wallace  Higgins, 

Weston. 

7, 

Lizzie  Mitchell,* 

'  Ethel  May  Wyman, 

Newport,  Me. 

20, 

Irene  E.  Butt,*  . 

Marion  Hopkins  Farrar, 

Boston. 

20, 

Willie  Nugent,*. 

Frederick  Charles  Rolirer,     . 

Boston. 

27, 

George  Bell  Kenrick,* 

George  Bell  Kenrick  Alexan- 
der  

Belmont. 

27, 

Clarence  Kennedy,*  . 

Clifford  Henry  Jacobs,   . 

Stoneham. 

Dec.      4, 

Alice  G.  McGivney,* . 

Alice  Gertrude  McKinney,    . 

Randolph. 

26, 

Joseph  E.  Erwin,* 

Erving  Garfield  Hartwell, 

Littleton. 

26, 

Flora  Belle  Pullen,*  . 

Flora  Belle  Cooley, 

Centreville,  R. 

I. 

26, 

Gertrude  Meriam  Hartshorne,* 

Gertrude  Josephine  Steward, 

Boston. 

26, 

Freeman  Smith,* 

Freeman  Davis  Jennison, 

Lincoln. 

WORCESTER  COUNTY. 


Jan. 

17, 

Feb. 

21, 

Mar. 

6, 

6, 

27, 

27, 

April 

10, 

17, 

May 

15, 

June 

19, 

19, 

19, 

19, 

19, 

Hattie  Maria  Hendrick,* 
May  Elizabeth  Burrage,* 

May  E.  Russell,* 
Margaret  Ahearn,*    . 
Anna  Maud  Smith,*  . 
George  Wallace  Houghton 
Charles  Phelps,* 
Albert  Brewer,* 
Samuel  E.  Simanovich, 
Tena  Warren,*  . 
Martha  J.  Butler,*     . 
Lyman  G.  Hall,* 
Christine  Scott,* 
Mary  Elizabeth  Odium,* 


Hattie  Maria  Wright,     . 
Miriam     Frances     Elizabeth 

Smith,  .... 
Mabel  Lillian  Woodis,   . 
Margaret  McGrath, 
Anna  Maud  McMullen, . 
Wallace  Houghton  Terrell, 
George  Ballard  Lawton, 
Albert  St.  Jean, 
Samuel  E.  Simons, 
Marion  Warren  Barton, 
Mabel  Lydia  Johnson,   . 
Arthur  Franklin  Barnes, 
Helen  Scott  Ballon, 
Mary  Elizabeth  Converse, 


Worcester 

Petersham. 

Boston. 

Worcester. 

Fitchhurg. 

Fitchburg. 

Lancaster. 

Spencer. 

Worcester. 

Phillipston. 

Lancaster. 

Worcester. 

Mil  ford. 

Grafton. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 

WORCESTER  COUNTY  —  CoxcLrDED. 


1315 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Kesidence. 

1888. 

June 

26, 

Elmer  Elsworth  Cosman,* 

Elmer  Elsworth  Danforth,    . 

Fitchburg. 

July 

3, 

Hugh  James  McCann,* 

Hugh  James  McCov, 

Dudley. 

Aupr. 

'-^1, 

Sarah  Jane  Mann,*    . 

Sadie  Jane  Coombes, 

Thomps'nv'le,Ct. 

Oct. 

2, 

Bessie  Newcomb,*     . 

Eva  May  Peck, 

Spencer. 

2, 

Florence  Isabel  Barton,* 

Florence  Isabel  Cudworth,     . 

Worcester. 

30, 

Charles  Henry  Hillock,* 

Charles  Henry  Burger,  . 

Winchendon. 

Nov. 

23, 

Joseph  Raymond,*    . 

Joseph  Edwin  Rice. 

Winchcndon. 

23, 

Ethel  Cruikshank,*   . 

Ethel  Belle  Stone,  . 

Westborough. 

27, 

Mary  E.  Smith, . 

Mary  Eliza  Gates,  . 

Clinton. 

Dec. 

4, 

Addie  Elfreda  Barton,* 

Addie  Elfreda  Burlingame,    . 

Rutland. 

7, 

Violet  Harrington,*   . 

Alice  Levinia  Smith, 

Boston. 

7, 

I.  C.  Bates  Smith,*    . 

Isaac  Chapman  Bates  Dana, 

Worcester. 

7, 

Elsie  Manda  Petersen,* 

Elsie  Manda  Newton,    . 

No.  Brookfield. 

HAMPSHIRE  COUNTY. 


Mar.  6, 
6, 
May  1, 
15, 
June  19, 
Aug.  14, 
Oct.  2, 
Dec.      4, 


Dora  Goodchild,* 
Marguerite  Frances  Pervere,* 
Laura  Nareau,*. 
Lilla  Abbie  Upton,*  . 
Samuel  Hays,*  . 
Addie  May  Wilson  Adams,* 
Lizzie  Bell  Chapin,*  . 
Catherine  O'Niel,* 


Dora  Dufresne, 
Margie  Cora  Starks, 
Laura  Gaucher, 
Hattie  Eliza  Haskins,    . 
Samuel  Hays  Dickinson, 
Addie  May  Wilson, 
Lizzie  Belle  Perrett, 
Eva  Fischer,   . 


Northampton. 

Plainfield. 

Northampton. 

Hadley. 

Amherst. 

Belchertown. 

Huntington. 

Williamsburg. 


HAMPDEN  COUNTY. 


4, 
14, 
8, 
8, 
7, 
6, 
1, 
1, 
5, 
5. 
19, 


Sarah  Maud  Costigan, 
Eva  May  Lind,* 
Mary  T."  Brown,* 
Lewis  Springer  Field,* 
Freida  Clara  Hetwig  Baerneck 
Maria  Elizabeth  Dart, 
P'rederic  Brown,* 
Dorothy  Ganderton,* 
Blanche  Leota  Clough,*    . 
Minnie  S.  Miller, 
Johanna  Wright,* 


Sarah  Maud  Dunham,   • 
Eva  Lewis  Ferry,    . 
Mary  Flughes, 
Lewis  Henry  Hall, 
Winnifred  Elizabeth  Poskey 
Maria  Elizabeth  Palmer, 
John  Jall)ert,  . 
Dorothy  Ganderton  Hodgkins 
Blanche  Leota  Newcomb, 
Minnie  S.  Bramble, 
Johanna  Murphy,  . 


Springfield. 

Springfield. 

Springfield. 

Longineadow. 

Springfield. 

Westtield. 

Chicopee. 

Springfield. 

Springfield. 

West  Springfield. 

Chicopee. 


FRANKLIN   COUNTY. 


Jan.      3, 

Earl  Newell  Thornily,*     . 

George  Earl  Thornilv,    . 

Shelburue. 

Feb.     14, 

Frederick  Rogers,*     . 

Frederick  Charles  Allen, 

Buckland. 

May      1, 

George  Newton,* 

Francis  Rupert  Vorce,   . 

Orange. 

July      3, 

Lewis  Henry  Burrage,*     . 

Lewis  Henry  Prichard,  . 

Greenfield. 

Sept.    25, 

Martha  Fulton  * 

Amy  Florence  Fenno,    . 

Orange. 

25, 

Harold  Kirby,*  .... 

Harold  Kirby  Shaw, 

Orange. 

Oct.     23, 

Mary  Isabella  Chandler,*  . 

Mary  Goldie  Coates, 

Deerfield. 

*  Changed  by  reasou  of  adoption. 


1316 


Change  of  Names. 

BERKSHIRE  COUNTY. 


Date 

of 

Deo 

ee. 

Original  Name. 

Name  Decreed. 

Residence. 

1888. 

Feb. 

7, 

Estella  Frazicr  * 

Carrie  May  Richmond,  . 

"VVilliarastown. 

Mar. 

7, 

Lillian  Rebecca  Brierley,* 

Frances  Mary  Evans,     . 

Nortli  Adams. 

t, 

Florence  Jane  Brierley,*  . 

Jennie  Maude  Kenyon,  . 

North  Adams. 

June 

5, 

Jacob  Weidman,* 

Charles  Jacob  Ilahneman, 

Pittsfield. 

Sept. 

4, 

Lyn  Morse,* 

Lyn  Morse  Braman, 

North  Adams. 

4, 

Priscilla  Stone,* 

Lena  May  Braman, 

North  Adams. 

Oct. 

^, 

Curtis  Aldrich  Moore,* 

Curtis  Aldrich  Sanford, . 

Sheffield. 

4, 

Elsie  A.  Haskins,*     . 

Agnes  E.  Crosier,   . 

Williamstown. 

Nov. 

7, 

Mary  Bulger,*    . 

Kate  Linehan, 

North  Adams. 

7, 

Nettie  Curry.*    . 

Janette  Curry  Hastings, 

W.  Stockbridge. 

Dec. 

4, 

Etta  Jane  Wilson,*    . 

Etta  Jane  Parsons, 

Sandisfield. 

NORFOLK   COUNTY. 


1887. 

Dec. 

7, 

1888. 

Jan. 

25, 

Mar. 

7, 

21, 

April 

11, 

11, 

May 

16, 

June 

6, 

Sept. 

5, 

Emma  Reuby  Lowell,* 


William  Miller,  . 
Eliza  Anna  McKenney,*  . 
Charles  Frederic  Jenks,     . 
Mabel  Florena  McKenzie,* 
Clarence  Wade,* 
Carl  Sherman,*  . 
Frederic  Tirrell  Thayer,*  . 
Nellie  DeLorey,* 


Emma  Reuby  Reed, 


William  James  Horner, 
Bertha  Agnes  McKenney, 
Charles  Fitz  Jenks, 
Dorothy  Florence  Nash, 
Clarence  Wade  Gushing, 
Nathaniel  Benjamin  Sanborn, 
Frederic  Tirrell  Jones,   . 
Nellie  Annie  Robin, 


Weymouth. 

Walpole. 

Canton. 

Canton. 

Abington. 

Weymouth. 

Boston. 

Quincy. 

Quincy. 


PLYMOUTH  COUNTY. 


Feb. 

18, 

27, 

Mar. 

12, 

12, 

April 

9, 

9, 

23, 

May 

28, 

28, 

Aug. 

24, 

Sept. 

10, 

10. 

Oct. 

8, 

22, 

Nov. 

26, 

Dec. 

10. 

Sherman,* 


Rosamond  Studley  Pool, 
William  Doherty,*     . 
Joseph  Greenwood,*  . 
John  Keen,* 
Mary  Adeline  Phillips, 
Leana  Durfce,*  . 
Harold  Williams  Reed,* 
Charles  McKuin,* 
Abraham  Eastwood,* 
Bertie  Foutaineau,*   . 

Lizzie  C.  Gray,  . 
Sarah  Mabel  Howes, . 
Elsie  Fox,* 
Henry  Davenport, 
Celiste  0.  Peckham,* 


Cora  May  Bent, 
Rosamond  Studley  Gardner, 
William  Hartin, 
Joseph  Greenwood  Binney, 
John  Melvin  Thorne, 
Mary  Adeline  Filoon,     . 
Blanche  Kelley, 
Harold  Williams  Soule, 
Charles  K    Hoxie,  . 
Charles  Arthur  Lowe,    . 
Barbara     Anna     FoutAineau 

Raymond,    . 
Isabella  Caroline  Gray, , 
Sarah  Mabel  Howard,    . 
Elsie  Fox  Sampson, 
Henry  Augustus  Davenport, 
Celiste  G.  Bruce,     . 


Plymouth. 

Rockland. 

Plympton. 

Hingham. 

Brockton. 

Brockton. 

Middleborough. 

Hingham. 

M  attapoisett. 

Brockton. 

Hanson. 

Hingham. 

Brockton. 

Lakeville. 

Pembroke. 

Plymouth. 


*  Changed  by  reason  of  adoption. 


Change  of  IsTames. 

BRISTOL  COUNTY. 


131T 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

KesiJence. 

1888. 
Feb.      3, 

17, 
Mar.      2, 
April     6, 
May    18, 

18, 
July      6, 
Aug.     3, 
Oct.     19, 
Dec.      7, 

Elsie  Jones,* 

Agnes  Delaney,* 

Miles  Kirkwood,* 

Lewis  Alexander  Borden,* 

Patrick  Maney,* 

Lottie  Douglas  Lawton,*  . 

Henry  Willard,* 

Frank  Wyman,* 

Albert  Leavitt  Brown,* 

Lena  Norton  Parlow,* 

Idella  Elsie  Holmes,      . 
Agnes  Peckham,     . 
Lester  LeForest  Savery, 
Lewis  Alexander  Vincelleto, 
Patrick  Judd,  .... 
Lottie  Douglas  Hutchinson,  . 
Henry  Sumner  Gilson,  . 
Frank  Staley, .... 
Manton  Edward  Chambers,  . 
Lena  Parlow  Brayton,   . 

Fall  River. 
Fall  River. 
Taunton. 
Fall  River. 
Fall  River. 
Fall  River. 
Attleborough. 
New  Bedford. 
Taunton. 
Fall  River. 

BARNSTABLE   COUNTY. 


1878. 
April   16, 

1888. 
Jan.     10, 

10, 
April  17, 
May  16, 
June  19, 
Sept.  11, 
Nov.    20, 

20, 


Willie  Kelley, 


Sabina  J.  Kossman,* 
Eunice  Lind,*     . 
Maud  Estabrook,* 
Maud  Wetmore,* 
Frank  Clayton,  . 
Louisa  Curlev,* . 
Roy  Wilworth  Bassett,* 
Ephraim  Lincoln  Studley, 


David  William  Nye, 


Rena  Sabina  Taylor, 
Maud  Lillian  Doane, 
Maud  Louise  Taylor, 
Maud  Evelyn  Craig, 
Frank  C.  Burrows, 
Louisa  Nickerson,  . 
Roy  Wilworth  Nickerson 
Ephraim  F.  Lincoln, 


Sandwich. 


Barnstable. 

Chatham. 

Yarmouth. 

Falmouth. 

Wellfleet. 

Chatham. 

Brewster. 

Falmouth. 


NANTUCKET   COUNTY. 


Nov.    15, 


George  E.  Hitt, 


George  E.  Fisher, 


Nantucket. 


*  Changed  by  reason  of  adoption. 


» 


THE 


CIYIL  GOYERNMENT 


AND    OFFICERS    IMMEDIATELY    CONNECTED    THEREWITH 
FOR   THE    POLITICAL   YEAR 

1889. 


EXECUTIVE  DEPARTMENT. 


HIS   EXCELLENCY 

OLIVER    AMES, 

Governor. 


George  H.  Campbell 
Edward  F.  Hamlin  . 


Private  Secretary. 
Executive  Clerk. 


HIS    HONOR 


joh:n^  q.  a.  brackett, 

Lieutenant-Governor. 


COUNCIL— (By  Districts). 
I  —ISAAC   N.   KEITH    . 
IL  — ARTHUR  W.   TUFTS 
III  —ROBERT   O.   FULLER 
IV.  — EDWARD   J.   FLYNN 
v.  — AUGUSTUS  MUDGE 
VI.  — FRANCIS  JEWETT 
VII.  — GEORGE  W.  JOHNSON 
VI IL  — LEVI  J.   GUNN 


Bourne. 

Boston. 

Cambridge. 

Boston. 

Danvers. 

Lowell. 

Brookfield. 

Greenfield. 


HENRY    B.    PEIRCE, 

Secretary  oe  the  Commonwe.^lth. 

Isaac  H,  Edgett,  1st  Clerk.  George  G.  Spear,  2d  Clerk. 

Herbert  H.  Boynton,  3(1  Clerk. 

GEORGE     A.     HARDEN, 

Treasurer  and  Receiver-General. 

John  Q.  Adams,  1st  Clerk.  George  S.  Hall,  2d  Cle7-k, 

Joshua  Phippen,  Cashier. 

CHARLES     R.     LADD, 

Auditor  of  Accounts. 
^^'ILLIAM  D.  Hawley,  1st  Clerk.  James  Pope,  2d  Clerk. 

ANDREW    J.    WATERMAN, 

Attorney-General. 
Henry  C.  Bliss         .        .        .    Assista7it  Attorney -Qcneral, 
Henry  A.  Wyman     .        .        .     Second  Assistant  Attorney- Oen«ral. 


LEGISLATIVE  DEPARTMENT. 


GENERAL    COURT. 

Arraxged  in  Accordance  with  the  District  Revision  of  1886. 


SE:tT  ATE 


President— HAU^lS   C.    HARTWELL. 


Name  of  Senator. 


First  Suffolk, 

Second     " 

Third 

Fourth      " 

Fifth 

Sixth 

Seventh    " 

Eighth      " 

Ninth        " 

First  Essex, 

Second     " 

Third 

Fourth      " 

Fifth 

Sixth 

First  Middlesex 

Second      " 

Third 


Benjamin  F.  Campbell 
Edwin  L.  Pilsbury, 
Edward  J.  Donovan, 
James  Donovan, 
Henry  H.  Sprague, 
John  A.  Collins, 
Edward  J.  Hathorne, 
Thomas  F.  Hunt, 
Daniel  Gunn, 
William  A.  Clark,  Jr., 
Charles  H.  Symonds, 
Benjamin  F.  Cook, 
James  D.  Pike,  . 
David  Walker,    . 
Edward  F.  O'Sullivan, 
James  F.  Dwinell, 
Henry  J.  Hosraer, 
Chester  W.  Kingsley, 


Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston, 

Boston. 

Boston. 

Boston. 

Lynn. 

Salem. 

Gloucester. 

JNIerrimao. 

Lynn. 

Lawrence. 

Winchester. 

Concord. 

Cambridge. 


Senate. 


1323 


Name  of  Senator. 


Fourth  Middlesex,    . 

Fifth 

Sixth 

Seventh       " 

First  Worcester, 

Second        " 

Third 

Fourth 

Worcester  and  Hamp- 
shire, 

First  Hampden, 

Second      " 

Franklin,  . 

Berkshire, 

Berkshire  and  Hamp- 
shire, 

First  Norfolk,   . 

Second     " 

First  Plymouth, 

Second      " 

First  Bristol, 

Second     " 

Third       " 

Cape, 


William  N.  Davenport, 
Moses  P.  Palmer, 
Alonzo  H.  Evans, 
Frank  W.  Howe, 
Henry  L.  Parker, 
Silas  M.  Wheelock, 
Levi  L.  Whitney, 
Harris  C.  Hartwell, 

Charles  E.  Stevens, 
Edwin  D.  Metcalf, 
George  W.  Gibson, 
Edwin  Baker,     . 
John  C.  Crosby, 

Alfred  S.  Fassett, 
James  T.  Stevens, 
Enos  H.  Tucker, 
Jubal  C.  Gleason, 
James  H.  Harlow, 
Austin  Messinger, 
Robert  Howard,* 
Thomas  W.  Cook, 
David  Fisk, 


Marlborough. 

Groton. 

Everett. 

Lowell. 

Worcester. 

Uxbridge. 

Millbury. 

Fitchburg. 

Ware. 

Springfield. 

Chicopee. 

Shelbmnie. 

Pittsfield. 

Gt.  Barrington. 

Braintree. 

Needham. 

Rockland. 

Middleborough. 

Norton. 

Fall  River. 

New  Bedford. 

Dennis. 


HENRY  D.   COOLTDGE, 
EDMUND   DOWSE,       . 
JOHN   G.   B.   ADAMS,. 


Clerk. 

Chaplain. 

Sergeant-at-Arms. 


*  Seated  by  resolution  Jan.  21,  in  place  of  Joseph  0.  Neill ;  qualified  Feb- 
ruary 6. 


1324 


House  of  Representatives. 


HOUSE  OF  REPRESENTATIVES. 


SpeaJcer  — WILLIAM   E.    BARRETT. 


COUNTY   OF   SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


1st, 

2d, 

3d, 

4th, 

5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 

14th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Wai'd  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  Ward  9, 
Boston,  Ward  10, 
Boston,  Ward  11, 
Boston,  Ward  12, 
Boston,  Ward  13, 
Boston,  Ward  14, 


Charles  T.  ^Vitt, 
Chirence  P.  Lovell, 

Patrick  J.  Kennedy 
Thomas  O.McEnaney 

William  H.lNIurph}- 
John  W.  O'Neil, 

William  H.  Preble, 
Ira  A.  Worth,  . 

Omer  Pillsbury, 
George  N.  Swallow 

John  F.  Gillespie, 
Richard  M.  Barry, 

Thomas  G.  Farren, 
Daniel  McLaughlin 

John  H.  Sullivan, 
Harrison  H.  Atwood 

Frank  Morison, 
Andrew  B.  Lattimore 

Jacob  Fottler,  . 
Edward  Sullivan,     . 

George  P.  Sanger,  Jr. 
Andreas  Blume, 

Dennis  J.  Quinn, 
James  J.  Burke, 

Michael  J  Moore,    . 
Edward  J.  Leaiy,     . 

Robert  F.  Means, 
John  H.  Crowley,    . 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston . 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Kepresentatives. 

COUNTY  OF  SUFFOLK— Concluded. 


1325 


Town  or  Ward. 


Name  of  Representative. 


Boston,  Ward  15, 

Boston,  Ward  16, 

Boston,  Ward  17, 

Boston,  Ward  18, 

Boston,  Ward  19, 

Boston,  Ward  20, 

Boston,  Ward  21, 
Boston,  Ward  22,      , 
Boston,  Ward  23, 

Boston,  Ward  24, 

Boston,  Ward  25, 

Chelsea,  Wards  1,2,3, 

Chelsea,  Ward  4,     . 
Revere,  . 
Winthi'op, 


William  S.  McXary,  Boston. 

Joseph  Nolan, .         .  Boston. 

Jeremiah  Desmond,  Boston. 

Thomas   J.  Keliher,  Boston. 

Robert  H.  Bowman,  Boston. 

John  W.  O'Mealey, .  Boston. 

John  Albree,    .        .  Boston. 

Henry  Frost,     .        .  Boston. 

Thomas  H.  Duggan,  Boston. 

William  H.  Monahan,  Boston. 

Michael  J.McEttrick,  Boston. 

John  H.  McDonough,]  Boston. 

Henry  S.  Dewey,      .  i  Boston. 

Francis  W.  Kittredge,  Boston. 

j 

John  E.  Heslan,       .  Boston. 

Pelatiah  R.  Tripp,    .  I  Boston. 

Edward  W.  Brewer,  Boston. 

Henry  P.  Oakman,  .  Boston. 

Thomas  W.  Bicknell,  Boston. 

James  W.  Harvey,  .  Boston. 

Franklin  O.  Barnes,  Chelsea. 

William  S.  Hixon,   .  Chelsea. 


Willard  Howland,    .     Chelsea. 
Charles  Grant,  Jr.,  .     Revere. 


COUNTY   OF  ESSEX. 


(  Salisbury, 
!  Amesbmy, 
I  Merrimac, 


(^  West  Newbury,       .  J 

^  Haverhill,  Wards  1, ) 
i      2, 4, 6,  .         .         .\ 


George  C.  Rogers, 
John  J.  Prevaux, 


Henry  H.  Johnson, 
J.  Otis  Wardwell, 


W.  Newbury. 
Amesbury. 


Haverhill. 
Haverhill. 


1326 


House  of  Representatives. 

COUNTY  OF  ESSEX  — CoxTixuEB. 


Town  or  Ward. 


Name  of  Representative. 


3d, 

4th, 
5th, 
6th, 

7th, 
8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
16th, 
16th, 

17th, 


fHayerhill,Wards3,^ 
Jo....        .^ 


j  Methuen, 
l^  Bradford, 

5  Lawrence,  Wards  1 
^      2,3,      . 

3  Lawrence,  Wards  4 
^      6,6,      . 

^  Andover, 

I  North  Andover, 

(  Groveland, 
j  Georgetown,   . 
1  Boxford, . 

[  Topsfield, 

C  Newburyp't,  Wards 
^      1,  2,  3,  4,  5,  6, 
Q  Newbury, 

f  Rowley,  . 
J  Ipswich,  . 
j  Hamilton, 
(  Wenham, 

( Gloucester,    Ward.< 

!      1,  3,  4,  5,  6,  7,  8, 

}  Essex, 

1^  Manchester,     . 

^  Gloucester,  Ward  2 
(  Rockport, 

Beverly,  . 

Salem,  Wards  1,  2, 

Salem,  Wards  3,  5, 

Salem,  Wards  4,  6, 

Marblehead,    . 

^  Swampscott,    . 
}  Lynn,  Wards  2,  3, 


William  R.Rowell,. 
Martin  L.  Stover,     . 


Michael  F.  Sullivan, 
John  F.  Howard, 

PhineasW.Haseltine 
John  H.  StaflFord,     . 

Thomas  K.  Gilman, 


Baxter  P.  Pike, 


Edward  P.  Shaw, 
Luther  Dame,  . 


Simeon  Dodge,  Jr., 


Edgar  S.  Taft, . 
Epes  Davis, 
Forbes  P.  Haskell, 


William  H.  Nichols, 

William  D.  Sohier,  . 

Francis  T.  Berry, 

Samuel  L.  Gracey,  . 

Edward  F.  Brown,  . 

Thomas  SnoAv, 

James  H.  Richards, . 
Daniel  P.  Stimpson, 


Residence. 


Methuen. 
Haverhill. 


LaAvrence. 
Lawrence. 

Lawrence. 
Lawrence. 

N.  Andover. 


Topsfield. 


Newburyport. 
Newbury. 


Wenham. 


Gloucester. 
Gloucester. 
Gloucester. 


Gloucester. 

Beverly. 

Salem. 

Salem. 

Salem, 

Marblehead. 

Lynn. 
Swampscott. 


House  of  Repeesextatives. 

COUNTY  OF  ESSEX  — Concluded. 


1327 


Town  or  Ward. 


,  Lynn,  Ward  4, 
Nahant,   . 

Lynn,  Wards  1,  5, 
Lynnfield, 

Lynn,  Wai'ds  6,  7, 
Saugus,    . 

Peabody, . 

Danvers, . 
Middleton, 


Name  of  Representative. 


James  P.  Mai'tin,    . 
Elihu  B.  Hayes, 

John  Macfarlane,    . 
Kufus  Kimball, 

Langdon  H.  Holdei', 
Horace  H.  Atherton, 

Stephen  S.  Littlefield, 
Charles  H.  Shepard, 


Lynn. 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Saugus. 

Peabody, 
Danvers. 


COUNTY   OF   I^UDDLESEX. 


Cambridge,   Wards  ) 
1,5,      .        .        .$ 

Cambridge,  Ward  2, 

Cambridge,  Ward  3. 

Cambridge,  Ward  i, 

Somerville,  Ward  1 

Somerville,  Ward  2 

Somerville,    Wards 
3,4,      . 

Medford, 

Maiden,  Wards  1,  2 
3,  4,  5,  6, 

Everett,  . 

Melrose,  . 

Stoneham, 

Wakefield, 


George  A.  Perkins, 
Chester  F.  Sanger, . 

Horace  E.  Clayton, 
Horace  G.  Keinp,    . 

John  W.  Coveney,  . 

Frank  W.  Dallinger, 
Moses  D.  Church,    . 

Joshua  H.  Davis,     . 

Francis  H.  Raymond, 

Irving  L.  Russell,   . 

J.  Henry  Norcross, 

Henry  E.  Turner,  Jr., 
Thomas  E.  Barker, 

Joseph  H.  Cannell, 

William  E.  Barrett, 

Myron  J.  Ferren,    . 

Chas.  F.  Woodward, 


Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 

Cambridge. 

Cambridge. 
Cambridge. 

Somerville. 

Somerville. 

Somerville, 

Medford. 

Maiden. 
Maiden. 

Everett. 

Melrose. 

Stoneham. 

Wakefield. 


1328 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX  — Continued. 


District. 


14th, 
15th, 
IGth, 
17th, 

l«h, 
19th, 

20th, 

21st, 
22(1, 
23d, 

24th, 

25th, 
26th, 

27th, 
28th, 


Town  or  Ward. 


^  Woburn, . 
( Reading, . 

^  Arlington, 
I  Winchester, 

^  Watertown, 
j  Belmont, . 


J  Newton,  Wai'ds    1, 

\      2,  3,  4,  5,  6,  7,       . 

(Waltham,  Wards  1, 
4  ■  2,3,4,5,6,7, 
(^Weston,  , 


f  Lexington, 

Lincoln,  . 

Concord, . 

Bedford, . 
^  Burlington, 

(  Chelmsford, 
I  Billerica, 
«{  Tewksbmy, 
Wilmington, 
l^  North  Reading, 


Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  Ward  3, 

Lowell,  Wards  4,  5, 
Dracut,    . 
Tyngs  borough , 

Lowell,  Ward  6, 

Natiek,    . 

^  Hopkinton, 
I  Ashland, . 

f  Holliston, 
J  Sherborn, 
I  Franiingham,  . 
1^  Wayland, 


Name  of  Representative. 


Montressor  T.  Allen, 
Lewis  M.  Bancroft, 

Samuel  W.  McCall, 

Charles  Q.  Pierce,  . 

Gorham  D.  Oilman, 
Winfield  S.  Slocum, 


Henry  S.  Milton,     . 
Georo'e  W.  Cuttins:, 


John  F.  Hutchinson, 


Edward  M.  Nichols, 

Michael  J.  Garvey, 

Francis  W.  Qua, 

Peter  J.  Brady, 

Charles  E.  Carter,  . 
Charles  H.  Hanson, 
Thomas  H.  Connell, 

Richard  B.  Allen,    . 

Albert  Mead,  . 

Abner  Greenwood, . 


George  A.  Reed, 
Charles  E.  Sj)ring, 


Woburn. 
Reading. 

Winchester. 
Watertown. 


Newton. 
Newton. 

W^altham. 

Weston. 


Lexin2:ton. 


Wilmington. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Dracut. 

Lowell. 

Natiek. 

Ashland. 


Franiingham. 
Holliston. 


House  op  Representatives. 

COUNTY  OF  MIDDLESEX  — Concluded. 


i:^29 


District. 

Town  or  Ward. 

Name  of  Kepresentative. 

Residence. 

29th, 

f  Marlborough, 
\  Hudson,  . 
l^  Sudbury, . 

•  < 

I.  Porter  Morse, 
Francis  C.  Curtis,     . 

Marlborough. 
Marlborough 

30th, 

f  Maynard, 

Stow, 
,  Boxborough, 
^  Littleton, 

Acton, 
(^Carlisle,  . 

f  Westford, 

•1 

1 

•  J 
•1 

>   Nelson  B.  Conant,    . 

Littleton. 

31st, 

1  Gi'oton,    . 
1  Pepperell, 
1^  Dunstable, 

f 
•  1 

•J 

John  0.  Bennett, 

Pepperell. 

32d, 

fAyer, 
!  Shirley,    . 
1  Townsend, 
[  Asliby,     . 

•1 

■ 
• 

■J 

>    Horace  S.  Brooks,    . 

Ashby. 

COUNTY   OF  WORCESTER. 

1st, 

fAthol,       . 
<j  Royalston, 
[  Phillipston, 

■1 

John  D.  Holbrook,  . 

Athol.              , 

2d, 

f  Gardner, . 
1  Winchendon, 
j  Tempi  eton, 
1^  Ashburnham, 

•1 

1 
•  ^ 

•j 

John  H.  Wiikins,     . 
Percival  Blodgett,    . 

Ashburnham. 
Templeton. 

3d, 

'  Barre, 

Dana, 
■{  Petersham, 

Hardwick, 
^  Rutland,  . 

^ 

• 
•1 

■) 

George  Ayres, . 

Petersham. 

4th, 

'Westminster, 
Hubbardston, 
■I  Princeton, 
Holden,    . 

^  Paxton,    . 

0 
•1 

Herbert  W.  Howe,  . 

Hubbardston. 

5th, 

'Brookfield, 
North  Brook  fit 
West  Brookfie 
■{  New  Braintree 
Oakham, . 
Sturbridge, 
Warren,  . 

Id,   '. 
d,     . 

•J 

George  Bliss,    . 
John  B.  Gould, 

Warren. 
Warren. 

1330 


House  of  Representatives. 

COUXTY  OF  WORCESTER  —  Continued. 


Town  or  Ward. 


6th, 
7th, 

8th, 

9th, 

10th, 

11th, 
12th, 


13th, 


14th, 

15th, 

16th, 
17th, 


/  Spencer,  . 
\  Leicester, 

{Charlton, 
Dadle3%  . 
Southbridge,   .        .  j 

(  Webster, .        .        .  ^ 
<^  Oxford,    . 
(^Auburn,  . 

(  Douglas, . 
i  Millbmy, 
l^  Sutton,     . 

(  Uxbridge, 
«|  Northbridge, 
[  Upton,     . 

(  Blackstone, 
I  IMendon,  . 
"i  Milford,  . 
i^Hopedale,        .        .J 

(  Westborough ,  . ") 

Xorth  borough, 
J  Southborough, 
]  Berlin, 
I  Shrewsbury, 
(_  Grafton,  . 

(  Bovlston, 

Bolton,     . 

West  Boylston 

Clinton.  . 
j  Harvard,. 
I  Lancaster, 
[  Stei'ling,  . 

f  Leominster, 
\  Lunenburg, 

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

Worcester,  Ward  1, 

Worcester,  Ward  2, 


Name  of  Representative. 


Heniy  O.  Smith, 
George  L.  Clemence, 

Lyman  R.  Eddy, 

Stillman  Russell, 

Joseph  A.  Patridge, 


James  Lally,  Jr., 
Thomas  McCooey, 


Alden  M.  Bigelow, 
Samuel  Wood, . 


Frank  E.  Holman, 
Albert  H.  Xewhall, 


Charles  C.  Putnam, . 

John  W.  Kimball,    . 
Nelson  F.  Bond, 

Joseph  P.  Cheney,  Jr. 

Alfred  S.  Pinkerton, 


Leicester. 


Southbridge. 


Webster. 


Doufflas. 


Upton. 


Milford. 
Blackstone. 


Grafton. 
Northborouffh. 


Clinton. 
Sterling. 


Lunenburg. 

Fitchburg. 
Fitchburg. 

Worcester. 

Worcester. 


House  of  Representatives. 

COUNTY  OF  WORCESTER  —  Concluded. 


1331 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

18th, 
19th, 
20th, 
21st, 
22d, 
23d, 

Worcester,  Ward  3, 
Worcester,  Ward  4, 
Worcester,  Ward  5, 
Worcester,  Ward  6, 
Worcester,  Ward  7, 
Worcester,  Ward  8, 

Peter  T.  Carroll,      . 
James  H.  Mellen,     . 
James  M.  Cronin,     . 
John  W.  Plaisted,    . 
William  B.  Sprout,  . 
Edward  B.  Glasgow, 

Worcester. 
Worcester. 
Worcester. 
Worcester. 
Worcester. 
Worcester. 

COUNTY  OF   HAMPSHIRE. 


1st, 


2d, 


3d, 


4th, 


5th, 


(  Northampton,  Wds.  "I 
I      1,  2,  3,  4,  5,  6,  7,     ■ 
j  Easthampton, 
[  Southampton, .        .  J 

f  Chesterfield,    .        .) 

Cummington, 
I  Goshen,   . 
J  Huntington, 

Middlefield, 

Plaiufield, 

Westhampton 
^  Worthington, 

( Hatfield,  . 


Hadlej, 
"]  Soi;th  Hadley, 
[  Williamsburg, 

(Amherst, 
Belchertown, 
Granby,  . 

Enfield,    . 

Greenwich, 
<!  Pel  ham,  . 

Prescott,  . 
1^  Ware, 


John  B.  Bottum, 
Heniy  A.  Kimball,  . 


Charles  K.  Brewster, 


John  N.  Pierce, 


Frank  E.  Paige, 


William  S.  Douglas, 


Northampton. 
Northampton. 


Worthington. 


Hadley, 


Amherst. 


Greenwich. 


1332 


House  op  Repkesentatiyes. 
county  of  hampden. 


District. 


1st, 

2d, 

3d, 

4tli, 
5th, 
6tli, 
7th, 
8th, 

9th, 
10th, 


Town  or  \Vard. 


f  Chester,  . 
I  Bkmdford,       . 
I  Tolhind,  . 
I  Granville, 
I  Southwick, 
I^Agawam, 

^  Montgomerj',  . 

J  Russell,   . 

]  Westfield, 

l^  West  ,Springfield, 


^  Holjoke,  Wards  6, ) 

5  Holjoke, Wards  1,2, ) 

i      3,  4,  5,  .         .         .1 

Chicoiiee, 

j  Springfield,  Wards  ? 
I      1,  4,  8,  .        .        .\ 

Springfield,  W^ard  5, 

^  Springfield,   Wards  ( 
I      2,3,6,7,      .        .S 

'  Longmeadow, 

Hampden, 

Wilbraham, 

Monson,  . 
1,  Wales,     .         .         J 

f  Ludlow,  .        .        .^ 
!  Palmer,   . 
I  Brimfield, 
l^  Holland,  . 


Name  of  Representative. 


John  B.  Ripley, 


Oren  B.  Parks, 
Robert  B.  Ci'ane, 


John  Hildreth, 


Jeremiah  J.  Keaue, , 


George  D.  Eldredge, 

William  F.  Ferry,    . 
Hiram  B.  Lane, 

A.  Olin  Brooks, 

Charles  A.  Call, 
Charles  H.  Bennett, 


Lurin  J.  Potter, 


William  W.  Leach, 


Granville. 


Westfield. 
Westfield. 


Holyoke. 

Holyoke. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 
Springfield. 


LongmeadoAV. 


Palmer. 


COUNTY  OF  FRANKLIN. 


1st, 


(  Greenfield, 
{  Shelbuvne, 
l^  Bernardston, 


Nahum  S.  Cutler, 


Greenfield. 


House  of  Representatives. 

COUNTY  OF  FRANKLIN  — Concluded. 


1333 


2d, 


3d, 


4th, 


Town  or  Ward. 


5th, 


(  Warwick, 
Orange,   . 
\  New  Salem, 
I  Erving",    . 
(^  Shutesbury, 

(  Northfield, 
Gill, 

Montague, 
Wendell, 

'  Leverett, 

Sunderland, 

Whately, 

I  Deerfield, 

[  Conway, . 


f  Ashfield, . 
Buck]  and, 
Charlemont, 
Colrain,  . 

<;  Hawlev,  . 
Heath,"^  . 
Leyden,   . 

I  Rowe, 

l^  Monroe,  . 


Name  of  Representative. 


Henry  D.  Hamilton, 


Ralph  L.  Atherton, 


John  B.  Packard, 


Chai'les  Howes,        .     Ashfield 


New  Salem. 


Gill. 


Conway. 


COUNTY   OF   BERKSHfRE. 


1st, 

'NewAshford, 

Williamstown, 
<  North  Adams,          .  [> 

Florida,    . 
^  Clarksburg, 

Orland  J.  Brown, 
Albert  E.  Richmond, 

North  Adams. 
North  Adams. 

2d, 

f  Adams,    .         .        .") 
<;  Cheshire,          .         .  [ 
[Savoy,      .         .         .] 

( Hancock,         .         .  "j 
Lanesborough, 
Lenox,     . 

Thomas  Riley, . 

Adams. 

3d, 

1 

,  Windsor,          .         .  , 
■  Peru,        .         .         .f 

Hinsdale, 

Washington,    . 

Richmond,        .       '.j 

Stephen  L.  Northup,* 

Lanesborough. 

*  Elected  February  19;  qualified  March  6,  in  place  of  Joshua  L.  D.  Bower- 
man  of  Lauesljorough,  deceased  January  25. 


1334 


Housf:  OF  Representatives. 

COUNTY  OF  BERKSHIRE  — Concluded. 


District. 


4th, 
6th, 

Cth, 
7th, 


Town  or  Ward. 


Natae  of  Representative. 


Residence. 


^  Pittsfield, 
}  Dal  ton,     . 

( Stockbriclge,    . 

^  Lee, 

l^Becket,    .        .        J 

(  West  Stockbridge,  .  "l 

J  Alford,     . 

j  Egremont, 

1^  Great  Barriugton, 

(  Monterey, 
I  Otis, 

I  Sandisfield, 
i  New  Marlborough, 
I  Sheffield, 
I  Mt.  Washington, 
1^  Tyringhani,     .        .  j 


Cliarles  M.  Wilcox,.     Pittsfield. 
Peter  J.  McDonald, .     Pittsfield. 


Charles  N.  Foote,     . 


Theodore   Giddings, 


Lee. 


Gt.Barrington. 


George  A.  Shepard,  i  Sandisfield. 


COUNTY   OF   NORFOLK. 


1st, 

2d, 
Sd, 

4th, 
5th, 
6th, 


^  Dedham, . 
^  Norwood, 

Brookline, 

Hyde  Park, 

^  Milton,    . 
I  Canton,    . 

{Quincy,   . 
Weymouth, 

Braintree, 
>  Holbrook, 


7th,  !<^ 


8th, 


'Randolph, 

Stoughton, 
Avon, 
Sharon,    . 
^  Walpole, 


(  Franklin, 
j  Foxborongh, 
j  Wrenthani, 
^  Bellingham, 
Medway, 
^  Norfolk,  . 


George  C.  Stearns,  . 

George  N.  Carpenter. 
Ferdinand  A.Wynian 

Walter  P.  Beck, 

Warren  W.  Adams, . 
John  F.  Merrill, 
Louis  A.  Cook, 

Thos.  Haven  Dearing. 


Robert  S.  Gray, 
Rufus  A.  Thayer, 


William  A.Wyckoff, 
James  D.  Lincoln,    . 


Dedham. 

Brookline. 
Hyde  Park. 

Milton. 

Quincy. 

Quincy. 
Weymouth. 

Braintree. 


Walpole. 
Randolph. 


Franklin. 
Wrentham. 


House   of  Repkesentatives. 

COUNTY  OF  NORFOLK  —  Concluded. 


1335 


District.                   Town  or  Ward. 

Name  of  Representative. 

Residence. 

9th, 

'  Needham, 

Dover, 
<  Medfield, 

Wellesley, 
^Millis,      , 

Albert  E.  Miller,      . 

Needham. 

COUNTY   OF   PLYMOUTH. 


1st, 
2d, 

3d, 

4th, 

oth, 
6th, 

7th, 

8th, 

Oth, 

10th, 
11th, 
12th, 


Plymouth, 

f  Marshtield,      . 
!  Phniipton, 
I  Kingston, 
(^  Duxbury, 

('Scituate,  . 
I  Nor  well, . 
j  Hanson,  . 
(^  Pembroke, 

^  Cohasset, 
)  Hingham, 
(Hull, 

^  Rockland, 
I  Hanover, 

^  Whitman, 
(  Abington, 

C  Mattapoisett,  . 
I  Marion,    . 
■{  Wareham, 
I  Rochester, 
(_  Carver,    . 

(  Middleborough, 
■I  Lakeville, 
(Halifax,  . 

r  Bridge  water,  . 
<  East  Bridge  water, 
[  West  Bridge  water, 

3  Brockton,  Wards  4, 
^      5,  6,       . 

5  Brockton,  Wards  2, 
^3,.         ... 

5  Brockton,  Wards  1 . 


Everett  F.  Sherman, 
Thomas  Alden, 

J.  Dean  Bonney, 

Z.Taylor  ILirrington. 

Wm.  Henry  Brooks, 
Harvey  H.  Pratt,      . 

Ellis  B.  Purrington, 

Jared  F.  Alden, 

Robert  O.  Harris, 

Chas.  French  Porter, 

A.  Cranston  Thomp- 
son, 

Charles  C.  Bixby,     . 


Plymouth. 
Duxbury. 

Pembroke. 

Hull. 

Hanover. 

Abington. 

Mattapoisett. 

Middleborough. 

E.  Bridge  water. 

Brockton. 

Brockton. 
Brockton. 


1336 


House   of  Representatives, 
county  of  bristol. 


Town  or  Ward. 


1st, 

2d, 
3d, 

4th, 

oth, 
6th, 
7th, 

8th, 

9th, 

10th, 


(  Attleborough, .  . ") 

J  N.  Attleborough,  .  I 

]  Noi'ton,    .         .  .  [ 

(^  Seekonk, .         .  .  j 

(  Mansfield, 
■{  Easton,  . 
[  Raynham, 

{Taunton,  Wards 
2,  8,  4,  6,  6,  7,  a 
Berkley,  . 

fTah-haven,  .  .") 
-|  Acushnet,  .  .  )■ 
[^  Freetown,        .        .  j 

5New  Bedford,^ 
I     Wards  1,  2,  3,      .J 

^New  Bedford,^ 
I      Wards  4,  5,  6,       .\ 

^  Westpoi't,  .  .  > 
>  Dartmouth,      .         .  I 


Fall  Rivei',   Waixls 

1,  2,  3,  4,  6,  . 


11   River,  Wards? 

),  7,  8,  9,      .        .  ^ 


fDighton,  . 
J  Somerset, 
]  Swanzey, 
l^  Rehoboth, 


Name  of  Ueprescntative. 


Stephen  Stanley, 
Abijah  T.  Wales, 


Charles  B.  Gardiner, 


Rollin  H.  Babbitt, 
Wm.  L.  White,  Jr. 
William  M.  Hale, 


Noah  F.  Mendall, 


Isaac  B.  Tomjikins, . 
David  B.  Kemjaton,  . 

Charles  P.  Rugg, 
William  Gordon,  Jr., 

George  W.  Slocum, 

John  J.  McDonough, 
John  Edwards, 
John  H.  Burgess,     . 

Robert  Henry, . 
Hugo  A.  Dubuque,  . 


Charles  Perry, . 


N.  Attleboro'. 
Attleborouofh. 


Raynham. 


Berkley. 
Taunton. 
Taunton. 


Acushnet. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Dartmouth. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Rehoboth. 


COUNTY   OF  BARNSTABLE. 


( Falmouth,        .        .  "i 

Bourne,    . 

. 

Sandwich, 

1st, 

■{  Mashpee, 

.  ^ 

Albert  R.  Eldridge, . 

Bourne. 

Barnstable, 

Joshua  Crowell, 

Dennis. 

Yarmouth, 

l^  Dennis,    . 

•^ 

House  of  Representatives. 

COUNTY  OF  BARNSTABLE  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

2d, 
3d, 

f  Harwich,          .        . "] 
,  Chatham,          .         .  ! 
j  Brewster,         .        .  [ 
^^  Orleans,  .        .        .) 

( Eastham,          .        .  ^ 

J  Wellfleet,         .         .  1 

1  Trm-o,      .        .        .  j 

^  Provincetown,         .  J 

* 

David  Conwell, 

Provincetown. 

COUNTY  OF  DUKES   COUNTY. 


1st, 


Chilmark, 

Cottage  City, 
J  Edgartown, 
"  Gay  Head, 

Gosnold,  . 

Tisbury,  . 


Cornelius    B.  Mar- 
chant,  . 


Edofartowu. 


COUNTY  OF  NANTUCKET. 


1st, 


Nantucket, 


Anthony  Smalley, 


Nantucket. 


EDWARD  A.   McLaughlin, Clerk. 

DANIEL  W.   WALDRON, Chaplain. 

JOHN  G.  B.  ADAMS, Sergeant-at-Arms. 

*  George  Eldindge  of  Chatham  elected,  —  failed  to  qualify.  ' 


1337 


1338 


Judicial  Department. 


JUDICIAL  DEPAETMENT. 


SUPREME  JUDICIAL  COURT. 

CHIEF  JUSTICE. 

MARCUS  MORTON, of  Andover. 


ASSOCIATE  JUSTICES. 

WALBRIDGE   A.  FIELD,      .        .        .        .of  Boston. 

CHARLES   DEVENS, of  Boston. 

WILLIAM  ALLEN, qf  Northamiiton. 

CHARLES   ALLEN, of  Boston. 

OLIVER  WENDELL  HOLMES,  Jr.,  .        .  of  Bostoi. 

MARCUS  P.   KNOWLTON,  .        ...  of  Springfield. 


SUPERIOR   COURT. 

CHIEF  JUSTICE. 

LINCOLN   F.   BRIGHAM,       .        .        .        .of  Salem. 


ASSOCI 

ROBERT   C.   PITMAN,  . 
P.   EMORY   ALDRICH,  . 
HAMILTON  B.   STAPLES, 
CALEB  BLODGETT,      . 
ALBERT   MASON,  . 
JAMES   M.  BARIvER,    . 
CHARLES  P.  THOMPSON, 
JOHN  W.  HAM^klOND, 
JUSTIN  DEWEY,  . 
EDGAR  J.   SHERMAN, 
JOHN  LATHROP,  . 
JAMES  R.  DUNBAR, 
ROBERT  R.  BISHOP, 


ATE  JUSTICES. 


of  Newton, 
of  Worcester, 
of  Worcester, 
of  Boston, 
of  Brookline. 
of  Pittsfield. 
of  Oloucester. 
of  Cambridge, 
of  Springfield, 
of  Lawrence, 
of  Boston, 
of  Westfield. 
of  Newton. 


JuDicrAL  Department. 


1339 


JUDGES  OF  PROBATE  AND  INSOLVENCY. 

JOHN  W.  McKIM,  Boston,         ....  Suffolk. 

ROLLIN  E.  HARMON,  Lynn,    ....  Essex. 

GEORGE  M.  BROOKS,  Concord,       .        .        ,  Middlesex. 

WILLIAM  T.  FORBES,  Westborough,      .        .  Worcester. 

WILLIAM  G.  BASSETT,  Easthampton,    .         .  Hampshire. 

WILLIAM  S.  SHURTLEFF,  Springfield, .        .  Hampden. 

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

JAMES  T.  ROBINSON,  North  Adams,      .        .  Berkshire. 

GEORGE  WHITE,  Newton,        ....  Norfolk. 

BENJAMIN  W.  HARRIS,  East  Bridgewater,   .  Plymouth. 

WILLIAM  E.  FULLER,  Taunton,      .        .        .  Bristol. 

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

JOSEPH  T.  PEASE,  Edgartown,        .        .        .  Dukes. 

THADDEUS  C.  DEFRIEZ,  Nantucket,      .        .  Nantucket. 


REGISTERS  OF  PROBATE  AND  INSOLVENCY. 


ELIJAH  GEORGE,  Boston, 
JEREMIAH  T.  MAHONEY,  Salem,  . 
JOSEPH  H.  TYLER,  Winchester,      . 
FREDERIC  W.  SOUTHWICK,  Worcester 
HUBBARD  M.  ABBOTT,  Northampton, 
SAMUEL  B.  SPOONER,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
EDWARD  T.  S LOCUM,  Pittsfield,     . 
JONATHAN  COBB,  Dedham,     . 
JOHN  C.  SULLIVAN,  Middleborough, 
JOHN  H.  GALLIGAN,  Taunton, 
FREEMAN  H.  LOTHROP,  Barnstable, 
HEBRON  VINCENT,  Edgartown,     . 
BENJAMIN  F.  BROWN,  ^Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER  STEVENS,  Boston,       . 
WILLIAM  B.  STEVENS,  Stoneham, 
HENRY  F.  HURLBURT,  Lynn, 
HOSKA  KINGMAN,  Bridgewater,      . 
HOSEA  M.  KNOWLTON,  New  Bedford, 
FRANCIS  A.  GASKILL,  Worcester,  . 
CHARLES  E.  HIBBARD,  Pittsfield,  . 
DANIEL  W.  BOND,  Northampton,    . 


Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

INIlDDLE. 

Western. 
North- Western. 


1340 


Judicial  Department. 


SHERIFFS. 

JOHN  B.  O'BRIEX,  Boston, 
HORATIO  G.  HERRICK,  Lawrence, 
HENRY  G    GUSHING,  Lowell,  . 
AUGUSTUS  B.  R.  SPRAGUE,  Worcester 
JAIRUS  E.  CLARK,  Easthampton,     . 
SIMON  BROOKS,  Holyoke, 
GEORGE  A.  KIMBALL,  Greenfield,  . 
JOHN  CROSBY,  Pittsfielcl, 
AUGUSTUS  B.  ENDICOTT,  Dedhara, 
ALPHEUS  K.  HARMON,  Plymouth, 
ANDREW  R.  WRIGHT,  Fall  River,  . 
LUTHER  FISK,  Dennis,      . 
JASON  L.  DEXTER,  Edgartown,      . 
JOSIAH  F.  BARRETT,  Nantucket,    . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLEEKS  OF  COURTS. 

HENRY  A.  CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial  Court 

for  the  Commonwealth. 
JOHN  NOBLE,  Boston,  Supreme  Judicial  Court,      . 
JOSEPH  A.  WILLARD,  Boston,  Sup.  Ct.,  Civil  Bus.,. 


JOHN  P.  MANNING,  Boston,  Sup.  Ct.,  C 
DEAN  PEABODY,  Lynn,    . 
THEODORE  C.  HURD,  Cambridge,  . 
THEODORE  S   JOHNSON,  Worcester, 
WILLIAM  H.  CLAPP,  Northampton, 
ROBERT  O.  MORRIS,  Springfield,    . 
EDWARD  E.  LYMAN,  Greenfield,    . 
HENRY  W.  TAFT,  Pittsfield,     . 
ERASTUS  WORTHINGTON,  Dedham, 
WH.LIAM  H   WHITMAN,  PljTiiouth, 
SIMEON  BORDEN,  Fall  River, . 
SMITH  K.  HOPKINS,  Barnstable,     . 
SAMUEL  KENISTON,  Edgartown,    . 
JOSIAH  F.  MURPHEY,  Nantucket,  . 


im.  Bus., 


Suffolk. 
Suffolk. 


Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


Members  of  Congress. 


1341 


MEMBERS  OF  THE  FIFTY-FIRST  CONGRESS. 


[Congressional  Districts  established  by  Chap.  253,  Acts  of  18S2.] 


Senators. 


HENRY   L.  DAWES, 
GEORGE   F.  HOAR, 


of  PUtsficld. 
of  Worcester. 


Representatives. 

District  I.— CHARLES  S.  RANDALL,      .  .  of  New  Bedford. 

II.  -  ELIJAH   A.  ]\IORSE,      ...  0/  Cajiton. 

III. _  JOHN  F.  ANDREW,      .         .  .  of  Boston. 

IV.  — JOSEPH   H.  O'NEILL,   .         .  .  of  Boston. 

V.  —  NATHANIEL  P.  BANKS,      .  .  of  Waltham. 

VI.  — HENRY  CABOT   LODGE,     .  .  of  Nahant. 

VII.  —  WILLIAM   COGSWELL,        .  .  of  Salem. 

VIIL  — FREDERIC   T.  GREENHALGE,  .  of  Loivcll.     - 

IX.  — JOHN   W.CANDLER,    .        .  .  of  Brookline. 

X.  — JOSEPH  H.  WALKER, .         .  .  of  Worcester. 

XL  — RODNEY   WALLACE,    .         .  .  of  Fitchhurg, 

XIL  — FRANCIS   W.  ROCKWELL,  .  .  of  Fittsfield. 


Commonto^alt^  of  glassacljusttts. 


Secretary's  Department,  Boston,  July  9,  1889. 

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

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

HENRY   B.  PEIRCE, 

Secretary  of  the  Gornmonwealth. 


APPENDIX. 


A    TABLE 


WHAT  GENERAL  STATUTES  OF  THE  COMMONWEALTH  AND 
AVHAT  CHAPTERS  OF  THE  PUBLIC  STATUTES  HAVE  BEEN 
AFFECTED  BY  SUBSEQUENT  LEGISLATION. 


PUBLIC   STATUTES. 


CHAPTER  1. 


OF    THE    JURISDICTION    OF    THE    COMMONWEALTH    AND    PLACES 
CEDED   TO   THE   UNITED   STATES. 

Sect.  1.  Provision  is  made  for  defining  tlie  boundary  line  between 
Massachusetts  and  Rliode  Island.  St.  1883,  cc.  113,  154.  And  between 
Massachusetts  and  New  Hampshire.     Res.  1885,  c.  73  ;  1886,  c.  58. 

Sect.  3.  Jurisdiction  is  ceded  to  the  United  States  over  a  part  of 
Gallop's  island  in  Boston  harbor.     St.  1889,  c.  27. 

Sect.  4.  The  United  States  are  given  concurrent  jurisdiction  with  the 
Commonwealth  over  lands  of  the  United  States  Fish  and  Fisheries  Com- 
mission.    St.  1882,  c.  131. 

CHAPTER  la. 
OF  THE   GREAT   SEAL. 
The  form  of  the  Great  Seal  is  established.     St.  1885,  c.  288. 

CHAPTER  2. 
OF  THE  GENERAL  COURT. 

Sects.  5-14.  The  law  as  to  the  notice  to  be  given  of  petitions  to  the 
legislature  is  revised  and  amended.     St.  1885,  c.  24. 

Sect.  15.  The  pay  of  members  of  the  legislature  is  increased  from  $500 
to  $750.     Sts.  1884,  c.  319  ;  1886,  c.  352. 

Sect.  17.  The  compensation  of  the  doorkeepers  of  the  senate  and 
house  of  representatives  is  fixed  at   $1,400;   that   of   the  messengers  at 


1346  Public  Statutes. 

S750  ;  and  that  of  the  assistant  doorkeepers  and  postmaster  at  $850.     St. 
1887,  c.  116. 

Sect.  18.  The  compensation  of  the  pages  of  the  senate  and  honse  of 
representatives  is  fixed  at  three-fifths  of  that  of  the  messengers.  St.  1887, 
c.  116. 

Sects.  21,  22.  The  clerks  of  the  senate  and  of  the  house  may  employ 
additional  clerical  assistance.     St.  1888,  c.  1. 

Sect.  21.  The  salaries  of  the  clerks  of  the  senate  and  of  the  house  of 
representatives  are  increased  from  $2,500  to  S3, 000.     St.  1884,  c.  329. 

Sect.  22.  The  salaries  of  the  assistant  clerks  of  the  senate  and  of  the 
house  of  representatives  are  increased  from  §900  to  $1,500.  Sts.  1882, 
c.  257,  §  1  ;  1884,  c.  334. 

Sects.  24,  35.  The  sections  relating  to  the  annual  election  sermon  are 
repealed.     St.  1884,  c.  60. 

Sect.  27.  The  limit  of  the  number  of  doorkeepers,  assistant  door- 
keepers, messengers  and  pages  is  increased  from  twenty-five  to  thirty-two. 
St.  1882,  c.  257,  §  4. 

Sect.  34.  No  session  of  the  legislature  is  to  be  held  and  public  offices 
are  to  be  closed  on  Monday  when  Christmas  falls  on  the  Sunday  preceding. 
St.  1882,  c.  49. 

CHAPTER  3. 
OF   THE   STATUTES. 

Sect.  1.  ^Yheu  an  act  is  required  to  be  accepted  b}'  a  municipal  or 
other  corporation,  a  return  of  its  action  must  be  made  by  it  to  the  secretary 
of  the  Commonwealth.     St.  1883,  c.  100. 

Sect.  3.  "Mayor  and  aldermen"  shall  be  construed  to  mean  "board  of 
aldermen,"  unless  it  is  otherwise  provided,  and  except  in  case  of  appoint- 
ments.    St.  1882,  c.  164. 

"  Net  indebtedness"  of  towns,  cities  and  districts  in  the  laws  regulating 
the  investments  of  banks,  etc.,  shall  be  computed  omitting  water  debts  and 
deducting  sinking  funds.     St.  1883,  c.  127. 

A  daily  or  weekly  periodical  devoted  exclusively  to  legal  news  shall  be 
deemed  to  be  a  newspaper  for  the  insertion  of  legal  notices.  St.  1885, 
c.  235.  $ 

CHAPTER  4. 

OF   THE   PRINTING  AND   DISTRIBUTION  OF  THE  LAWS  AND 
PUBLIC    DOCUMENTS. 

Tables  of  changes  in  the  Public  Statutes  by  subsequent  legislation,  and 
indexes,  are  to  be  prepared  and  published  with  such  editions  of  the  laws 
as  the  governor  may  direct.     St.  1882,  c.  238. 

The  preparation  and  publication  of  supplements  to  the  Public  Statutes, 
and  their  distribution,  is  provided  for.     St.  1888,  c  383. 

The  provisions  as  to  the  printing  and  distribution  of  the  laws  and  public 
documents  are  revised.     St.  1889,  c.  440. 

Express  and  postage  on  legislative  and  other  documents  forwarded  to 
members  of  the  general  court  is  to  be  paid  by  the  Commonwealth.  St. 
1889,  c.  53. 


Table  of  Changes.  1347 

Sects.  5  et  seq.      Provision   is  made  for  reports  of  capital  trials.     St. 

1886,  c.  214. 

Sect.  7.  "  Of  labor"  is  added  after  "  bureau  of  statistics."  St.  1882, 
c.  6,  §  1. 

Sect.  9.  Provision  is  made  for  the  annual  publication  of  election  cases. 
Pes.  1886,  c.  36. 

Sect.  10.  The  assistant  clerks  are  given  the  same  documents  which  the 
clerks  now  receive.     St.  1882,  c.  158. 

By  Res.  1887,  c.  16,  a  contract  for  the  State  printing  for  five  years  is  to 
be  made  in  the  mode  there  provided. 

Sect.  12.  One  copy  of  the  Index-Digest  of  the  Massachusetts  reports 
is  to  be  furnished  to  each  city  and  town.     St.  1887,  c.  118. 

CHAPTER  5. 

OF    THE    STATE     HOUSE,    THE     SERGEAXT-AT-ARMS,    AXD    STATE 

LIBRARY. 

The  Commonwealth  Building  is  put  in  charge  of  the  same  officers  and 
committee  as  the  State  House,  and  the  janitor  and  fireman  at  Pemberton 
square  are  transferred  to  it.     St.  1884,  c.  14. 

The  commissioners  on  the  State  House  no  longer  have  in  charge  the  con- 
tingent expenses  of  the  council  and  the  offices  in  the  State  House.     St. 

1887,  c.  128. 

Sects.  4,  6,  9,  10.  The  duties  of  the  sergeant-at-arms  are  defined  and 
the  salaries  and  designations  of  certain  of  his  appointees  are  established. 
St.  1887,  c.  128. 

Sect.  10.  The  salary  of  the  sergeant-at-arms  is  raised  from  $2,500  to 
$3,000.     St.  1884,  c.  333. 

Sect.  17.  The  salary  of  the  assistant  librarian  and  clerk  of  tlie  board 
of  education  is  raised  from  $2,000  to  $2,500.     St.  1887,  c.  209. 

Sect.  18.  The  allowance  for  assistance  in  the  State  librar}''  is  increased 
from  $1,800  to  $2,500.     Sts.  1882,  c.  29  ;  1886,  c.  66. 

Sect.  20.  The  amount  annually  appropriated  for  books,  furniture,  etc., 
is  increased  from  $2,300  to  $5,000.     Sts.  1882,  c.  196  ;  1888,  c.  24. 

CHAPTER  6. 
OF    THE    QUALIFICATION    AND    REGISTRATION  OF  VOTERS. 

This  chapter  is  repealed  and  a  new  cliapter  is  substituted.  St.  1884,  c. 
298. 

The  section  providing  that  persons  naturalized  shall  not  register  for  thirty 
days  is  repealed.     St.  1887,  c.  329. 

Temporary  registrars  of  voters  may  be  appointed  when  a  member  of  the 
board  is  absent  or  unable  to  act.     St.  1885,  c.  246. 

Provision  is  made  for  the  removal  of  registrars  of  voters.  St.  1887, 
c.  432. 

Cities  may  change  their  board  of  registrars  so  that  tlie  city  clerk  shall 
not  be  a  member.     St.  1889,  c.  69. 


1348  Public  Statutes. 

St.  1884,  c.  298,  §  26,  is  amended  by  requiring  that  applications  for  the 
correction  of  errors  in  the  names  on  tax  bills  shall  be  made  in  person. 
Apparently  the  registers  need  not  use  the  form  of  certilicate.  St.  1889,  c. 
404,  §  1. 

St.  1884,  c.  298,  §  20,  is  amended  by  providing  that  unless  the  applicant's 
qualifications  have  been  determined  by  the  board  within  four  years,  he 
must  be  examined  anew.  He  must  write  his  name  in  the  register.  St. 
1889,  c.  404. 

The  registers  must  announce  distinctly  the  name  of  any  person  about  to 
be  registered.     St.  1889,  c.  404,  §  4. 

The  clerk  in  transmitting  the  names  of  persons  deceased  shall  give  the 
precinct,  street  and  number.     St.  1889,  c.  404,  §  5. 

The  law  is  made  applicable  to  the  case  of  towns  which  are  divided  into 
precincts.     St.   1886,  c.  264,  §§  3,  4,  5. 

Further  provision  is  made  for  the  assessment  and  registration  of  voters 
and  for  hearings  on  the  question  of  residence.  At  such  hearings  false 
swearing  is  perjury.     St.  1885,  c.  271. 

Further  provision  is  made  for  the  assessment  and  registration  of  women 
as  voters.     St.  1886,  c.  68. 

Women  to  be  registered  must  make  request  in  writing.  The  assessors 
must  inquire  for  such  requests  at  each  dwelling  house.  The  assessors  must 
ascertain  and  include  in  their  lists  the  age  and  occupation  of  all  persons 
assessed  and  their  residences  on  the  first  day  of  May  of  the  current  and 
preceding  years.     St.  1889,  c.  196. 

CHAPTER  7. 

OF  THE   MANNER  OF   CONDUCTING    ELECTIONS    AND    RETURNING 

VOTES. 

This  chapter,  with  the  acts  amending  it,  is  revised.     St.  1884,  c.  299. 

The  provisions  of  St.  1884,  c.  299,  shall  not  apply  to  town  meetings 
held  for  the  election  of  town  officers,  and  all  acts  on  that  point  repealed 
are  revived.     St.  1885,  cc.  5,  351. 

Precinct  voting  in  towns  is  provided  for  and  regulated.     St.  1886,  c.  264. 

Towns  may  discontinue  voting  precincts.     St.  1888,  c.  146. 

The  defacing  or  injury  of  voting  lists  is  punished.     St.  1887,  c  147. 

Persons  employed  in  certain  manufacturing,  mechanical  or  mercantile 
establishments  must  be  allowed  time  to  vote.     St.  1887,  c.  272. 

The  Australian  system,  so-called,  of  printing  and  distributing  ballots  and 
voting  is  adopted,  to  take  effect  Nov.  1,  1889.     St.  1888,  c.  436. 

St  1888,  c.  436,  establishing  the  Australian  ballot  system,  is  amended 
and  reprinted  in  the  amended  form.     St.  1889,  c.  413. 

The  holding  of  caucuses*  or  public  meetings  of  the  qualified  voters  of 
cities  and  towns  for  political  purposes  is  regulated.  Fraud  at  such  meet- 
ings is  made  criminal.     St.  1888,  c.  441. 

Sect.  5.  The  time  for  designating  the  polling  places  in  cases  of  special 
elections  is  reduced  from  thirty  to  ten  days.  If  no  convenient  place  can 
be  had  w-ithin  the  precinct  a  place  in  an  adjoining  precinct  may  be  desig- 
nated.    St.  1885,  c.  142. 


Table  of  Changes.  1349 

The  supervisors  may  be  sworn  before  the  town  clerk  or  any  officer 
qualified  to  administer  oaths.     St.  1885,  c.  268. 

Sect.  8.  Selectmen  presiding  at  town  meetings  may  appoint  tellers  to 
aid  them  in  checking  names  of  voters  or  in  assorting  and  counting  votes. 
They  shall  be  chosen  equally  from  the  two  chief  political  parties.  Such 
teller  is  subject  to  the  same  penalties  as  the  officer  who  appoints  him.  Sts. 
1883,  c.  229;  1885,  c.  261. 

Sect.  26.  Statements  relative  to  the  voting  at  elections  in  towns  prior 
to  the  public  declaration  thereof  are  prohibited.     St.  1888,  c.  203. 

Sects.  36,  52.  Where  the  ballots  are  recounted,  the  candidates  must  be 
notified  and  may  be  present  personally  or  by  an  agent  appointed  in  writing. 
St.  1883,  c.  42. 

Provision  is  made  for  the  recount  of  ballots  in  towns.     St.  1886,  c.  262. 

Sect.  38.  The  time  for  declaring  the  result  of  the  election  and  issuing 
the  certificates  of  election  is  determined.     St.  1888,  c.  164. 

Sect.  45.  If  the  copies  of  the  records  of  votes  are  incomplete  or 
erroneous,  new  copies  may  be  required.  Wilful  neglect  to  furnish  them  is 
punished.     St.  1882,  c.  2S,  §§  1,  2. 

An  abstract  of  the  returns,  and  a  statement  of  all  cases  where  corrected 
returns  have  been  received,  shall  be  furnished  to  newspapers  applying,  and 
the  copies  shall  be  open  to  inspection  by  persons  interested.  St.  1882,  c. 
28,  §  3. 

St.  1882,  c.  28,  which  provides  for  the  correction  of  errors  in  the  returns 
of  votes  under  this  section,  is  extended  to  all  returns  of  votes  required  by 
law.     St.  1885,  c.  108. 

Sects.  48-50.  If  the  copies  of  the  record  of  votes  for  county  commis- 
sioners, county  treasurer  or  register  of  deeds  appear  to  be  incomplete  or 
erroneous,  new  copies  may  be  required.  A  penalty  is  imposed  for  an}'' 
delay  in  forwarding  or  filing  the  new  copies.     St.  1885,  c.  229. 

Sect.  55.  Whoever,  knowing  that  he  is  not  a  qualified  voter,  votes  for 
any  town  officer,  is  punished.     St.  1885,  c.  351. 

Sects.  1,  2,  16,  17,  18,  19,  20,  21,  26,  27,  28,  29,  34,  36,  38,  39,  51,  52, 
55,  62,  are  repealed.     St.  1884,  c.  299,  §  44. 

CHAPTER  8. 
OF   THE   ELECTION   OF   GOVERNOR  AND   OTHER   STATE  OFFICERS. 

,     Sects.  2,3.     New  councillor  districts  are  established.     St.  1886,  c.  348, 

Sects.  4,5.     New  senatorial  districts  are  established.     St.  1886,  c.  338. 

Sect.  6.     New  representative  districts  are  established.     St.  1886,  c.  256. 

Sect.  10.  The  meeting  of  the  clerks  to  examine  the  returns  shall  be  on 
the  tenth  day  after  the  election,  instead  of  on  the  next  day.  St.  1886, 
c.  262,  §  5. 

Sect.  11  is  repealed.     St.  1886,  c.  262,  §  6. 

Sect.  13.  Both  certificates  of  election  are  to  be  transmitted  within  fifteen 
days,  instead  of  one  in  ten  daj's  and  the  other  before  the  first  Wednesday 
of  January.     St.  1885,  c.  107,  §  1. 

Sect.  14.     The  certificates  are  to  be  transmitted  within   fifteen  days, 


1350  Public  Statutes. 

instead  of  one  within  ten  days  and  the  other  before  the  first  daj'  of  Janu- 
ary.    St.  1885,  c.  107,  §  2. 

CHAPTER   9. 

OF    THE     ELECTIOX    OF    REPRESENTATIVES    IN    CONGRESS    AND 
ELECTORS   OF  PRESIDENT   AND   VICE-PRESIDENT. 

Sects.  1,2.  A  new  division  of  the  State  into  congressional  districts  is 
made.  The  provision  requiring  residence  in  the  district  is  omitted.  St. 
1882,  c.  2,53. 

Sect.  13.  The  returns  are  to  be  examined  within  ten  days.  The  result 
is  to  be  announced  by  procLamation  published  in  at  least  one  newspaper  in 
each  count}'.  Notice  of  an}'  contest  must  be  given  within  fourteen  days 
a,fter  the  date  of  such  proclamation.  A  certificate  of  his  election  shall  be 
transmitted  to  each  person  whose  election  is  not  contested.  St.  1888,  c. 
382,  §  1. 

Sect.  15.  The  time  of  the  meeting  of  the  electors  is  changed  to  the 
Saturday  preceding  the  second  Monday  in  January.     St.  1888,  c.  382,  §  2. 

Any  person  claiming  to  be  elected  an  elector  may  contest  the  matter 
before  the  supreme  court.  The  mode  of  proceeding,  the  evidence  and  the 
costs  are  provided  for.  The  final  hearing  and  determination  shall  be  by  a 
majority  of  the  justices  of  the  court,  but  a  single  justice  may  exercise  the 
other  powers  given  by  this  act.     St:  1888,  c.  382. 

CHAPTER    11. 
OF   THE   ASSESSMENT   OF  TAXES. 

The  polls  and  estates  of  the  several  cities  and  towns,  as  a  basis  of 
apportionment  for  State  and  county  taxes,  are  established.  St.  1889, 
0.  103. 

The  assessors  may  in  an}'  year  divide  any  ward  in  a  city  into  conven- 
ient assessment  districts.     St.  1889,  c.  115. 

Sect.  4,  which  defines  taxable  personal  estate,  is  amended  in  the  line 
reading  "but  not  including  in  such  debts  due,  any  loan  on  mortgage  of 
real  estate,"  by  striking  out  "  due  "  and  inserting  in  its  place  "  or  indebt- 
edness."    St.  1882,  c.  76. 

Corporations  formed  to  construct  railroads  and  telegraphs  in  foreign 
countries  shall  be  within  the  proviso  of  this  section.     St.  1887,  c.  228. 

Bonds  of  all  railroads,  including  street  railways,  are  added  to  the  list  of 
kinds  of  personal  property  taxable.     St.  1888,  c.  363. 

Personal  property  leased  for  profit  is  taxed  where  situate  to  the  owner 
or  person  having  possession.     St.  1889,  c.  446. 

Sect.  5,  cl.  3.  The  exemption  given  to  literary,  scientific  and  charitable 
institutions  is  lost  by  a  wilful  omission  to  bring  in  the  list  required,  but 
this  act  does  not  apply  to  corporations  making  returns  to  the  insurance 
commissioner.     St.  1882,  c.  217,  §§  2,  4. 

Sect.  5,  cl.  3,  which  provides  for  the  exemption  from  taxation  of 
certain  benevolent  institutions,  is  revised.  Temperance  societies  and,  to 
the  amount  of  twenty  thousand  dollars,  grand  army  and  veteran  associa- 
tions are  added.     St.  1889,  c.  465. 


Table  of  Changes.  1351 

There  is  no  exemption  if  any  part  of  the  income  or  profits  is  divided  or  is 
used  for  other  than  literary,  educational,  benevolent,  charitable,  scientific 
or  religions  purposes.     St.  1888,  c.  158. 

Skct.  5,  cl.  y.  The  real  estate  and  buildings  of  unincorporated  horti- 
cultural societies,  so  far  as  used  for  offices,  libraries  and  exhibitions,  is 
exempt.     St.  1884,  c.  176. 

Sect,  o,  cl.  10.  That  the  property  is  owned  in  common  with  others 
does  not  affect  the  exemption.     St.  1885,  c.  169. 

The  property  of  the  Lynn  Workingmen's  Aid  Association  is  exempt. 
St.  1884,  c.  184. 

Sect.  10.  The  provisions  of  this  section  as  to  the  taxable  valuation  of 
vessels  engaged  ia  the  foreign  carrying  trade  are  extended  for  two  years. 
St.  1887,  c.  373.     And  for  two  years  more.     St.  1889,  c  286. 

Sect.  13.  The  language  of  this  section  is  modified.  The  person 
appearing  as  the  owner  of  record  is  held  the  true  owner,  even  if  deceased. 
St.  1889,  c.  84. 

Sect.  14,  which  provides  for  the  taxation  of  mortgaged  real  estate,  and 
prevents  double  taxation,  is  amended  by  changing  "  taxable  real  estate," 
in  the  first  line,  to  "  real  estate  not  exempt  from  taxation  undei"  section 
five  of  this  chapter."     St.  1882,  c  175. 

Sect.  20.  Two  classes  are  added  :  8th,  personal  property  held  by  an 
assignee  in  insolvency,  or  by  an  assignee  for  creditors,  is  assessed  to  him 
at  the  insolvent's  place  of  business,  or,  if  he  had  none,  at  his  residence  ; 
9th,  personal  property  held  by  joint  owners  or  tenants  in  common,  not 
partners,  to  them  according  to  their  respective  interests,  at  the  place  where 
they  respectively  reside.     St.  1882,  c.  165. 

Provision  is  made  for  the  assessment  of  taxes  on  ro3\alt3'-paying  machines. 
St.  1887,  c.  125. 

Sects.  31,  35.  The  taxes  assessed,  exclusive  of  State  tax,  county  tax 
and  sums  required  to  be  raised  for  the  city  debt,  shall  not  exceed  twelve 
dollars  on  every  thousand  of  the  average  valuation  of  the  preceding  three 
years,  and  any  order  or  appropriation  requiring  a  larger  assessment  is  void. 
St.  1885,  c.  312,  §  1. 

Skct.  38.  A  sworn  statement  of  mortgaged  real  estate,  giving  the 
amount  of  the  mortgage,  must  be  filed  or  the  interest  of  the  mortgagee 
need  not  be  assessed  to  him.     St.  1882,  c.  175,  §  1. 

A  list  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes,  and  of  all  receipts  and  expenditures  for  said  purposes,  is  required 
of  persons  and  corporations  except  such  as  make  returns  to  the  insurance 
commissioner  under  Pub.  St.,  c.  11,  §  115.     St.  1882,  c.  217,  §  1. 

The  list  and  statement  may  be  as  of  the  last  day  of  its  financial  year 
next  preceding  the  first  day  of  May.     St.  1888,  c.  323. 

Sects.  38  et  seq.  Assessors  in  towns  must  post  lists  of  persons  assessed 
for  poll  taxes.     St.  1888,  c.  206. 

Sect.  48.  The  time  within  which  persons  may  apply  to  be  assessed  is 
extended  from  the  fifteenth  day  of  September  to  the  first  day  of  October. 
St.  1888,  c.  200,  §  1.  Evening  sessions  of  the  assessors  are  required. 
These  sections  apply  to  Boston.     St.  1888,  c.  200. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.     St.  1887,  c.  226. 


1352  Public  Statutes. 

Sect.  50.  It  is  express!}-  provided  tliat  the  residents  and  non-resident 
property  holders  shtill  at  all  reasonable  times  have  free  access  to  the  list  of 
valuation  and  assessment,  and  assessors  are  punished  for  refusal  or  neglect 
to  submit  the  list  to  their  inspection  upon  request.     St.  1888,  c.  307. 

Sect.  52.  The  title  of  the  first  column  of  the  valuation  book  is  changed 
from  "  Names  of  Persons  Assessed  "  to  "Names  and  Residences  of  Per- 
sons Assessed."     St.  1883,  c.  41,  §  1. 

Sects.  52,  54.  The  table  of  aggregates  is  to  be  deposited  every  year, 
and  new  items  are  included.     St.  1887,  c.  86. 

Sect.  53.  In  the  first  column,  the  street  and  number  of  the  person's 
residence  are  to  be  added  to  the  name.     St.  1883,  c.  41,  §  2. 

Sect.  54.  The  assessors  are  required  to  enumerate  and  return  the  num- 
ber of  neat  cattle  other  than  cows  assessed,  and  the  number  of  swine 
assessed.     St.  1885,  c.  106. 

The  value  of  the  buildings,  the  total  number  of  tax  payers,  the  number 
who  pa}-  a  tax  on  ])i-operty  and  the  number  who  pa}'  a  poll  tax  only  are  to 
be  stated.     St.  1886,  c.  56. 

Sects.  54,  55.  Copies  of  the  assessors'  books,  instead  of  being  deposited 
with  the  secretary  of  the  Commonwealth  on  the  fifth  and  tenth  years,  are  to 
be  deposited  every  third  year,  beginning  with  1883.  The  copy  of  the  table 
of  aggregates  is  to  be  deposited  each  year,  instead  of  eight  years  in  ten. 
St.  1883,  c.  yi. 

Sect.  61.  The  tax  list  must  also  contain  a  certificate  of  the  amount 
assessed  upon  each  poll  as  State  and  county  tax  respectively.  St.  1889, 
c.  467,  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  assessed  on  real  estate 
are  enabled  to  apply  for  an  abatement.     St.  1888,  c.  315. 

Sect.  71.  On  politions  for  the  abatement  of  taxes,  the  county  commis- 
sioners on  appeal  may  make  sijch  order  as  to  costs  as  justice  requires,  but 
taxable  costs  shall  not  be  given  to  a  party  who  has  failed  to  file  a  list  of 
his  property.     St.  1882,  c.  218. 

Sect.  77.  Dues  or  taxes  for  school  books  may  be  abated  under  this 
section.     St.  1885,  c.  67. 

Sect.  78.  The  time  for  assessing  omitted  taxes  is  extended  so  that  any 
estate  discovered  after  the  rate  of  taxation  has  been  declared,  instead  of 
after  the  warrant  has  been  committed  to  the  collector,  may  be  assessed. 
Such  assessment  may  be  made  before  December  15  instead  of  before  Sep- 
tember 15.     St.  1886,  c.  85. 

AVhere  the  property  taxable  is  omitted,  and  the  error  is  discovered  after 
the  rate  of  taxation  has  been  declared,  it  shall  be  assessed  between  the 
fifteenth  and  twentieth  days  of  December.     St.  1888,  c.  362. 

Sect.  90.  The  assessors,  with  the  statement  of  exempt  property,  must 
send  to  the  tax  commissioner  all  lists  and  statements  filed  by  persons  or 
corporations  holding  property  for  literary,  benevolent,  charitable  or  scien- 
tific purposes.     St.  1882,  c.  217,  §  3. 

Sect.  91.  In  addition  to  the  debts  and  assets,  the  amount  of  the  sink- 
ins  funds  or  annual  proportionate  payments  of  debts  must  be  given.  St. 
1882,  c.  133,  §  2. 

Sect,  92.  The  return  as  to  steam  boilers  in  Boston  shall  be  made  by 
the  inspector  of  buildings.     St.  1882,  c.  252,  §  5. 


Table  of  Changes.  1353 

Sect.  93.  The  apportionment  between  State  and  county  taxes  is  to  be 
stated  upon  the  tax  bills  of  male  persons  assessed  for  a  poll  tax  only,  and 
such  persons  shall  not  be  entitled  to  a  certificate  under  this  section.  St. 
1889,  c.  467. 

CHAPTER    12. 

OF    THE    COLLECTION^    OF    TAXES. 

This  chapter  is  repealed  and  the  laws  as  to  the  collection  of  taxes  are 
revised  and  codified.     Forms  are  established.     St.  1888,  c.  390. 

Sects.  66  et  seq.  The  county  taxes  shall  be  collected  and  paid  into  the 
town  and  city  treasuries,  and  the  town  and  city  treasurers  are  to  pay  them 
over  to  the  county  treasureis  at  such  times  as  the  county  commissioners 
may  direct  in  their  warrants.     St.  1889,  c.  2.53. 

St.  1888,  c  390,  is  amended  as  follows  :  — 

Sect.  2.  Notices  instead  of  tax  bills  are  to  be  sent.  They  may  be  sent 
by  mail.  Those  to  poll  tax  payers  must  be  sent  by  September  2.  St. 
1889,  c.  334,  §  1. 

Sect.  3.  Instead  of  the  entries  required  by  this  section  the  collector  is 
to  make  and  keep  entries  showing  the  disposition  of  the  tax,  whether  re- 
assessed, abated  or  paid,  and  the  date  of  such  disposition.  St.  1889, 
c.  334,  §  2. 

Sect.  7.     His  fees  are  determined.     St.  1889,  c  334,  §  3. 

Sect.  8.  Before  a  sale  of  real  estate,  distraint  or  arrest,  a  demand  must 
be  made  or  sent  by  mail.  The  persons  on  whom  it  shall  be  m'ade  are  de- 
fined.    St.  1889,  c.  334,  §  4. 

Sect.  19.  Instead  of  a  copy  of  the  warrant  he  leaves  a  certificate  of  the 
cause  of  commitment  and  the  amount  to  be  paid.     St.  1889,  c.  334,  §  5. 

Sect.  23.  The  provisions  as  to  arrest  by  the  constable  himself  are 
omitted.  His  warrant  runs  to  any  of  the  sheriffs  of  the  several  counties 
and  their  deputies,  and  to  any  constable  or  deputy  collector  of  taxes  of  the 
city  or  town  of  which  he  is  collector.     St.  1889,  c.  334,  §  6. 

Sect.  24.  Taxes  reassessed  are  included.  The  provision  as  to  the  mar- 
riage of  a  female  tax  payer  is  omitted.  He  may  sue  as  if  to  collect  a  debt 
due  him.     St.  1889,  c.  334,  §  7. 

Sect.  28,  requiring  a  summons  and  providing  a  charge  therefor,  is  re- 
pealed.    St.  1889,  c.  334,  §  8. 

Sect.  29.     New  fees  are  substituted.     St.  1889,  c.  334,  §  3. 

Sect.  30.  All  provisions  as  to  the  person  on  whom  the  demand  shall  be 
made  are  omitted.     St.  1889,  c.  334,  §  9. 

Sect.  32.  The  mortgagee  must  give  the  notice  to  the  collector  before 
the  tax  is  assessed.     St.  1889,  c.  334,  §  10. 

Sect.  33.  Instead  of  filing  or  recording  the  authority  to  his  attorue}^ 
he  must  give  notice  of  it  to  the  collector  before  September  1.  St.  1889, 
c.  334,  §  11. 

Sect.  37.  The  notice  need  not  be  posted  except  on  the  premises.  St. 
1889,  c.  334,  §  12. 

Sect.  41  is  repealed.     St.  1889,  c.  334,  §  3. 

Sect.  49.  The  time  for  payment  by  the  purchaser  is  extended  from  ten 
to  twenty  days.     St.  1889,  c.  334,  §  13. 

Sect.  51.     The  custody  of  the  deeds  in  cities  is  transferred  from  the 


1354  Public  Statutes. 

collector  to  tbe  treasurer,  and  applications  for  redemption  are  to  be  made 
to  the  treasurer  and  not  to  the  collector.     St.  1889,  c.  334,  §  14. 

Sects.  69,  72.  The  requirement  that  the  assessors  shall  approve  the 
action  of  the  collector  in  requiring  the  surrender  of  a  tax  deed,  or  in  an- 
nulling a  title,  is  repealed.     St.  1889,  c.  334,  §  15. 

Forms  No.  5,  6,  7  are  changed.     St.  1889,  c.  334,  §  16. 

CHAPTER   13. 
OF  THE  TAXATION  OF  CORPORATIONS. 

Sect.  1.  The  salary  of  the  deputy  tax  commissioner  is  raised  from 
$2,750  to  $3,000.     St.  1887,  c.  342,  §  1. 

Sect.  2.  The  salary  of  the  first  clerk  in  the  office  of  the  deputy  tax 
commissioner  is  raised  from  $1,800  to  $2,000,  and  that  of  the  second  clerk 
from  $1,300  to  $1,500.  The  amount  allowed  for  other  assistance  is  in- 
creased from  812,000  to  $14,000.     St.  1887,  c.  342,  §  2. 

Sect.  6.  The  tax  commissioner  must  furnish  blanks  for  the  returns  of 
property  held  for  literary,  benevolent,  charitable  or  scientific  purposes. 
St.  1882,  c.  217,  §  3. 

It  would  appear  that  he  should  send  the  blanks  for  steam  boiler  returns 
in  Boston  to  the  inspector  of  buildings  and  not  to  the  assessors.  St.  1882, 
c.  252,  §  5. 

Sects.  26,  34,  37.  The  statutes  as  to  the  taxation  of  insurance  com- 
panies are  revised.     St.  1887,  c.  283. 

Sects.  17,  40.  Title  insurance  companies  are  taxed  under  these  sec- 
tions.    St.  1884,  c.  180. 

Sect.  20.  The  time  is  extended  during  which  real  estate  held  by  savings 
banks,  by  foreclosure  or  purchase  at  mortgage  sales,  is  exempted.  (See 
c.  116,  §  20,  cl.  8.)     St.  1883,  c.  248. 

Sect.  24.  In  this  section  the  name  "co-operative  savings  fund  and  loan 
association"  is  changed  to  "  co-operative  bank."     St.  1885,  c.  121,  §  3. 

Sect.  33.  When  reinsurance  is  effected  otherwise  than  by  their  licensed 
resident  agent  no  deduction  is  to  be  made  for  the  sums  paid  for  such  rein- 
surance.    St.  1888,  c.  154. 

Sects.  38-42.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  c.  238. 

Telephone  companies  formed  under  the  laws  of  this  State,  and  doing 
business  wholly  or  partly  within  this  State,  are  taxed  under  these  sections  ; 
but  not  on  stock  held  by  them  which  is  also  taxed.     St.  1886,  c.  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  The  taxation  of  safe  deposit,  loan 
and  trust  companies  is  regulated.     St.  1888,  c.  413. 

Sect.  42.  Every  corporation  or  association  for  mining,  quarrying  or 
getting  earth  oils,  or  holding  lands,  organized  out  of  the  Commonwealth, 
which  opens  an  office  in  the  Commonwealth,  must  pay  a  tax  ;  and  the 
ollieers  and  agents  here  are  liable  for  it.     Sts.  1882,  c.  106  ;  1883,  c  74. 

Such  corporations  need  not  make  returns  under  St.  1882,  c.  106,  if 
they  make  them  under  St.  1884,  c.  330.     St.  1886,  c.  230. 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  proviso 
of  chapter  11,  §  4,  as  to  local  taxation.     St.  1887,  c.  228. 


Table  of  Changes.  1355 


CHAPTER   14. 
OF  THE   MILITIA. 

The  amount  now  in  the  treasury  on  account  of  bounties  and  allotments 
to  soldiers  is  transferred  to  the  bounty  loan  sinking  fund.  Claims  against 
it  are  to  be  filed  with  the  auditor  and  allowed  by  him.     St.  1882,  c.  112. 

A  naval  battalion  is  established  to  be  attached  to  the  volunteer  militia. 
St.  1888,  c.  366. 

The  militia  laws  are  revised.     St.  1887,  c.  411. 

An  officer  continued  by  appointment  in  the  same  office,  or  transferred 
without  loss  of  grade  or  continuous  service  from  one  office  to  another, 
takes  rank  according  to  the  date  of  his  original  commission.  St.  1889, 
c.  360,  §  1. 

Any  commissioned  officer  discharged  under  St.  1887,  c  411,  shall  not  be 
eligible  to  election  or  appointment  to  a  commission  within  six  mouths  after 
such  discharge.     St.  1889,  c  360,  §  2. 

Any  person  obstructing  or  interfering  with  the  right  of  way  given  by 
St.  1887,  c.  411,  §  120,  is  punished  under  §  119  of  the  same  statute.  St. 
1889,  c.  360,  §  3. 

Inspecting  officers  inspecting  armories  shall  receive  the  same  pay  and 
allowances  as  are  provided  for  officers  on  special  duty.  St.  1889,  c.  360, 
§  4. 

The  by-laws  are  to  be  approved,  not  by  the  commander-in-chief,  but  for 
unattached  companies,  signal  and  ambulance  corps  by  the  brigade  com- 
manders, and  for  all  others  by  their  respective  battalion  commanders. 
They  are  not  to  be  repugnant  to  articles  or  rules  adopted  for  the  general 
government  of  the  militia.     St.  1889,  c.  360,  §  5. 

St.  1887,  c.  411,  s.  148,  is  amended  by  adding  that  the  books  of  the 
treasurer  and  other  books  of  any  command  shall  be  examined  by  the 
inspecting  officers  when  so  ordered  by  the  commander-in-chief,  and  subject 
to  his  action  on  the  receipt  of  the  report  of  such  examinations.  St.  1889, 
c.  360,  §  6. 

Sect.  91.  The  grand  army  may  be  allowed  to  use  the  State  camp 
ground.     Kes.  1882,  c.  15. 

Sect.  92.  Provision  is  made  for  the  purchase  or  taking  of  land  and  the 
erection  of  armories  in  cities  in  which  two  or  more  companies  of  militia 
are  located.     St.  1888,  c  384. 

CHAPTER  15. 

OF  THE  EXECUTIVE  DEPARTMENT  AND  THE  SECRETARY   OF  THE 

COMMONWEALTH. 

Sect.  1.  The  salary  of  the  governor  after  1884  is  $5,000  instead  of 
$4,000.     St.  1884,  c.  328. 

Sect.  5.  The  salary  of  the  private  secretary  of  the  governor  is  raised 
from  $1,500  to  $2,000.     St.  1885,  c.  77. 

Sect.  6.  The  salary  of  the  executive  clerk  is  raised  from  $1,200  to 
$1,700.     Sts.  1884,  c.  8  ;  1887,  c.  83. 


1356  Public  Statutes. 

The  salary  of  the  executive  messeuger  is  raised  from  $800  to  $1,000. 
Sts.  1884,  c.  38;  1887,  c.  221. 

Sect.  9.  The  salary  of  the  secretary  of  the  Commonwealth  is  raised 
from  $2,500  to  $3,500.     St.  1888,  c.  385. 

Sect.  10.  The  salary  of  the  first  clerk  of  the  secretary  is  raised  from 
$1,800  to  $2,000.     St.  1885,  c.  87. 

Of  the  second  clerk  from  $1,500  to  $1,700.     St.  1886,  c.  238, 

And  of  the  third  clerk  from  $1,200  to  $1,500.  Sts.  1883,  c.  48  ;  1887, 
c.  26. 

The  allowance  of  the  secretary  of  the  Commonwealth  for  a  messenger 
and  clerk  hire  is  increased  from  $10,000  to  $12,000.     St.  1889,  c.  101. 

Sect.  15.  The  duty  of  furnishing  blank  forms  for  returns  of  criminal 
cases  pending  is  transferred  from  the  secretary  to  the  commissioners  of 
prisons.     St.  1882,  c.  226. 

CHAPTER  16. 
OF  THE  AUDITOR,  TREASURER,  AND   MATTERS   OF  FINANCE. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.,  §  3565,  is  adopted. 
St.  1882,  c.  110. 

The  accounts  of  all  State  institutions,  penal  and  charitable,  and  all  other 
public  institutions  for  the  support  of  which  appropriations  are  made 
annually  by  the  legislature,  are  to  be  kept  under  the  direction  of  the  auditor 
of  the  Commonwealth.  He  shall  prescribe  the  number  and  form  of  all 
analytical  or  subsidiary  accounts.  The  accounts  must  show  the  expendi- 
tures, the  estimated  cash  value  of  the  products  and  the  value  of  the  labor 
of  the  inmates.     St.  1887,  c.  87. 

A  controller  to  audit  the  accounts  of  county  officers,  offi.cers  of  inferior 
courts  and  trial  justices  is  to  be  appointed.  His  duties  are  defined,  and 
these  officers  are  to  make  their  returns  to  him.  The  times  when  they  shall 
make  returns  and  pay  over  money  in  their  hands  is  fixed.  St.  1887, 
c.  438. 

The  controller  of  accounts  shall  in  his  report  give  such  statements,  facts 
and  explanations  as  will  tend  to  a  simple,  uniform  and  economical  method 
of  accounting  for  public  funds.  His  report  is  made  one  of  the  series  of 
public  documents.     St.  1888,  c.  275. 

Sect.  2.  The  salary  of  the  auditor  is  raised  from  $2,500  to  $3,500. 
St.  1889,  c.  70.  And  that  of  his  first  clerk  from  $1,800  to  $2,000.  St.  1885, 
c.  195. 

The  salary  of  his  second  clerk  is  raised  from  $1,500  to  $1,700.  St.  1887, 
c.  30. 

The  auditor  may  employ  an  extra  clerk  at  a  salary  of  $1,200.  St.  1888, 
c.  432. 

Sect.  7.  The  auditor  is  required  to  submit  an  abstract  of  his  report  by 
January  30,  and  the  full  report  as  soon  as  may  be.     St.  1884,  c.  207. 

Sect.  17.  The  salary  of  the  treasurer  is  raised  from  $4,000  to  $5,000. 
St.  1885,  c.  263. 

He  is  allowed  one  more  clerk.  St.  1882,  c.  111.  He  is  also  allowed  a 
fund  clerk.     St.  1883,  c  164. 


Table  of  Changes.  1357 

The  clerks  are  designated.  St.  1886,  c.  38.  The  salaries  of  his  clerks 
are  raised  as  follows  :  First  clerk  froin  S2,300  to  82,500,  second  clerk  from 
$1,800  to  $2,000,  the  cashier  from  $1,800  to  $2,000,  the  third  clerk  from 
$1,200  to  $1,400,  the  fund  clerk  from  $1,200  to  $1,400.  The  salary  of  the 
receiving  teller  is  fixed  at  $1,400,  and  of  the  paying  teller  at  $1,200.  St. 
1886,  c.  334. 

The  salary  of  the  paying  teller  in  the  office  of  the  treasurer  is  increased 
from  $1,200  to  $1,400.     St.  1889,  c.  349. 

Sect.  26.  The  annual  financial  estimates  are  hereafter  to  be  made  to 
the  auditor  instead  of  to  the  secretary.     St.  1885,  c.  41. 

Sect.  28.  Money  for  small  expenses  maybe  advanced  to  officers  author- 
ized to  expend  money.     St.  1884,  c.  179. 

Sect.  42  is  repealed,  and  the  power  of  committees  to  cause  hearings  to 
be  advertised  is  limited.     St.  1885,  e.  371. 

Sect.  52.  Money  from  sales  of  public  property  must  be  accompanied 
by  a  sworn  itemized  account,  approved  by  the  proper  officers.  St.  1884, 
c.  326. 

Sect.  60.  The  authorized  investments  of  the  State  funds  are  enlarged. 
St.  1882,  c.  130. 

Sect.  73  is  repealed.     St.  1887,  c.  438,  §  8. 

CHAPTER  17. 
OF  THE  ATTORNEY-GENERAL  AND  THE  DISTRICT  ATTORNEYS. 

Sects.  1,  2.  The  salary  of  the  attorney-general  is  increased  from 
$4,000  to  $5,000,  and  that  of  the  first  assistant  from  $2,000  to  $2,500, 
and  that  of  the  second  assistant  from  $1,000  to  $1,500.     St.  1889,  c.  402. 

Sect.  2.  He  may  also  appoint  a  law  clerk  as  an  assistant  at  a  salary  of 
$1,000.     St.  1886,  c.  216. 

The  title  of  the  law  clerk  is  changed  to  that  of  second  assistant  attorney- 
general.     St.  1888,  c.  425. 

Sect.  9.  The  attorney-general  may  cause  reports  of  capital  trials  to  be 
published.     St.  1886,  c.  214. 

Sect.  14.  An  assistant  district  attorney  may  be  appointed  for  the  mid- 
dle district  at  a  salary  of  $1,000.     St.  1888,  c.  157. 

Sect.  15.  The  salary  of  the  district  attorney  for  the  eastern  district  is 
raised  from  $1,800  to  $2,400,  and  he  is  given  an  assistant  at  $1,000  per 
annum.     St.  1882,  cc.  156,  157. 

The  salary  of  the  assistant  district  attorney  for  the  eastern  district  is 
raised  from  $1,000  to  $1,200.     St.  1888,  c.  289. 

The  salary  of  the  district  attorney  for  the  middle  district  is  raised  from 
$1,800  to  $2,400.     St.  1889,  c.  250. 

The  salary  of  the  district  attorney  for  the  western  district  is  raised  from 
$1,800  to  $2,100.     St.  1887,  c.  97. 

The  salary  of  the  district  attorney  for  the  Suffolk  district  is  raised  from 
$4,500  to  $5,000  ;  that  of  his  first  assistant  to  $2,800  ;  his  second  assistant 
to  $2,500.     Sts.  1887,  c.  160;  1882,  c.  245,  §  2. 

The  salary  of  the  clerk  of  the  district  attorney  for  Suffolk  is  increased 
from  $1,000  to  $1,800.     St.  1889,  c.  238. 


1358  Public  Statutes. 

The  salary  of  the  district  attorney  for  the  south-eastern  district  is  raised 
from  $1,800  to  $2,100.     St.  1888,  c.  267,  §  1. 

Sect.  16.  In  the  south-eastern  district  also  the  clerk  may  be  appointed 
assistant,  his  compensation  being  paid  by  Norfolk  and  Plymouth  equally, 
and  not  exceeding  $800.     St.  1888,  c.  267,  §  2. 

CHAPTER   18. 

OF  NOTARIES  PUBLIC  AND  COMMISSIONERS  TO  ADMINISTER  OATHS 
OF  OFFICE  AND  TO  TAKE  ACKNOWLEDGMENTS  OF  DEEDS,  Etc. 

Women  who  are  attorneys  may  be  appointed  special  commissioners  to 
administer  oaths  and  take  acknowledgments  and  depositions.  St.  1883, 
c.  252. 

Women  appointed  special  commissioners  shall  have  the  same  powers  as 
justices  of  the  peace  to  administer  oaths,  to  take  depositions  and  acknowl- 
edgments and  summon  witnesses.     St.  1889,  c.  197. 

Sect.  14.  The  commissioner  ma}'  take  his  official  oath  before  a  minister 
or  consul  of  the  United  States.     St.  1885,  c.  31. 

CHAPTER   19. 
OF  THE  BOARD   OF   HARBOR  AND  LAND   COMMISSIONERS. 

The  commissioners  are  given  the  care  and  custody  of  the  Connecticut 
river,  and  are  to  cause  it  to  be  surveyed.     St.  1885,  c.  344. 

All  structures  and  encroachments  in  great  ponds  are  put  under  the  con- 
trol of  the  harbor  and  land  commissioners.  Licenses  beyond  the  line  of 
riparian  ownership  or  affecting  the  level  of  the  water  must  be  approved  by 
the  governor  and  council.     St.  1888,  c.  318. 

Sect.  3.  They  are  given  the  same  charge  of  all  lands  of  the  Common- 
wealth for  which  other  provision  is  not  made  which  thev  now  have  over 
lands  in  tide-waters.     St.  1886,  c.  144. 

The  custody  of  the  books  of  records  of  grants  and  conve^'ances  of 
Commonwealth  lands  in  Maine  is  transferred  to  the  secretary  of  State. 
St.  1883,  c.  99. 

Sect.  7.  Regulations  are  established  for  Gloucester  harbor.  St.  1885, 
c.  315. 

The  harbor  lines  at  East  Boston  are  established.     St.  1B82,  c.  48. 

At  Gloucester.     Sts.  1882,  c.  103  ;  1883,  c.  109. 

At  Haverhill.     St.  1883,  c.  104. 

Sects.  8,  10,  11,  12.  These  sections  shall  apply  to  the  Connecticut 
river.     St.  1885,  c,  344,  §§  2,  3. 

CHAPTER   20. 
OF  THE   STATE   BOARD   OF  AGRICULTURE. 

An  agricultural  experiment  station  at  the  agricultural  college  in  Amherst 
is  established.     St.  1882,  c.  212. 

The  board  of  control  of  the  station  must  report  annually.  St.  1883, 
c.  105. 


Table  of  Changes.  1359 

The  members  of  the  board  of  control  are  incorporated.  St.  1887, 
c.  31. 

Tlie  number  of  the  members  of  the  board  of  control  of  the  agricultural 
experiment  station  is  increased  by  adding  one  member  from  the  Massachu- 
setts state  grange,  one  from  the  horticultural  society,  the  director  of  the 
station  and  the  secretary  of  the  State  board  of  agriculture.  No  person 
elected  by  any  of  the  boards  or  societies  shall  continue  to  be  a  member 
after  he  has  ceased  to  be  a  member  of  the  board  or  society.  St.  1888, 
c.  333. 

The  annual  appropriation  of  money  by  the  United  States  for  the  support 
of  agricultural  experiments  is  accepted.     St.  1887,  c.  212. 

The  agricultural  college  is  authorized  and  designated  to  receive  the 
money  granted  by  the  United  States.     St.  1889,  c.  111. 

Tiie  trustees  of  the  Massachusetts  agricultural  college  shall  be  paid  their 
expenses.     St.  1889,  c.  45. 

An  additional  sum  of  $5,000  annually  is  allowed  for  the  maintenance  of 
the  experiment  station.     St.  1885,  c.  327. 

Sect.  4.  The  salary  of  the  secretary  is  raised  from  $2,000  to  $2,500. 
St.  1883,  c.  184. 

The  sum  allowed  to  the  secretary  for  clerical  services,  besides  his  regu- 
lar clerk,  and  for  lectures,  is  increased  from  $400  to  $800.  St.  1884, 
c.  66. 

The  salary  of  Mie  clerk  of  the  secretary  is  raised  from  $1,100  to  $1,200. 
St.  1887,  c.  245. 

CHAPTER   21. 
GENERAL  PROVISIONS   RELATING  TO   STATE   OFFICERS. 

All  official  bonds  which  are  in  the  custody  of  the  treasurer  or  are  by  law 
approved  by  the  governor  and  council  must  be  examined  once  each  year  or 
oftener.     .St.  1885,  c.  32. 

Sect.  10.  The  treasurer  may  close  his  office  for  the  receipt  or  payment 
of  money  at  two  o'clock  instead  of  three.     St.  1886,  c.  257. 

CHAPTER   21a. 

OF  THE   MILITARY   AND   NAVAL   HISTORIAN. 

Provision  is  made  for  the  appointment  of  a  State  military  and  naval 
historian.     St.  1889,  c.  374. 

CHAPTER   22. 

OF   COUNTIES   AND   COUNTY  COMMISSIONERS. 

Sect.  1.  Muskeget  and  Gravelly  islands  are  annexed  to  Nantucket 
countv.  Taxes  therein  are  to  be  assessed  by  and  paid  to  the  town  of 
Edgartown.     St.  1887,  c.  88. 

Sect.  14.  T]ie  sura  allowed  for  the  pay  of  the  county  commissioners  is 
raised  in  Essex  from  $3,200  to  $3,900  ;  in  Norfolk  from  $1,900  to  $2,700. 


1360  Public  Statutes. 

St.  1885,  c.  277.  In  Worcester  from  83,400  to  $3,900  ;  and  in  Plymouth 
from  $1,900  to  $2,300.  St.  1886,  c.  251.  In  Hampshire  from  $1,200  to 
$1,G00.  St.  1887,  e.  211.  In  Franklin  from  $1,100  to  $1,600.  St. 
1888,  c.  65.  In  Hampden  from  $1,600  to  $2,500.  St.  1889,  c.  30.  In 
Middlesex  from  $3,000  to  $5,400.  St.  1889,  c.  303.  In  Bristol  from 
$2,000  to  $2,800.     St.  1889,  c.  339. 

Sect.  15.  The  sessions  of  the  county  commissioners  in  Berkshire  are 
changed  from  the  first  Tuesday  of  April,  July  and  September,  and  the  last 
Tuesday  of  December,  to  the  first  Tuesday  of  January,  April,  July  and 
October.     St.  1883,  c.  63. 

Sect.  26.  This  section,  giving  the  right  to  act  on  certain  matters  at 
other  times  than  regular  meetings,  is  limited  to  the  regular  commissioners  ; 
and  is  made  expressly  applicable  to  the  issuing  of  orders  of  notice.  St. 
1885,  c.  91. 

CHAPTER  23. 

OF   COUNTY  TREASURERS  AND   COUNTY  FINANCES. 

Sect.  2.  The  salary  of  the  treasurer  of  Hampden  county  is  raised  from 
$1,200  to  $1,500.  St.'  1884,  c.  112.  And  of  Worcester  and  Essex  each 
from  $1,800  to  $2,200.  St.  1886,  cc.  132,  133.  Of  Middlesex  from  $1,800 
to  $2,500.  St.  1887,  c.  57.  Of  Hampshire  from  $600  to  $800.  St.  1887, 
c.  159.  Of  Bristol  from  $1,500  to  $1,800.  St.  1889,  c.  16.  Of  Berk- 
shire from  $1,200  to  $1,500.  St.  1889,  c.  58.  Of  Plymouth  from  $1,000 
to  $1,200,     St.  1889,  c.  260. 

The  treasurer  of  Middlesex  county  is  allowed  $500  for  clerical  assist- 
ance.    St.  1889,  c.  85.     And  of  Essex,  $400.     St.  1889,  c.  310. 

Sects.  36,  37,  38,  39.  These  sections,  which  require  the  savings  bank 
commissioners  to  examine  the  accounts  of  certain  county  officers,  are 
repealed.     St.  1887,  c.  438,  §  8. 

CHAPTER  24. 
OF  REGISTERS   OF  DEEDS. 

Sect.  5.  Worcester  county  is  divided  for  registry  purposes,  and  Fitch- 
burg,  Lunenburg,  Leominster,  Westminster  and  Ashburnham  are  made  the 
northern  district,  and  provision  is  made  for  the  appointment  of  a  register 
and  the  transfer  of  papers.     St.  1884,  c.  40. 

Sect.  9.  Women  may  be  appointed  to  the  oflice  of  assistant  register  of 
deeds.     St.  1885,  c.  7. 

Sect.  22.  After  Jan.  1,  1886,  the  indexes  in  registries  of  deeds,  ex- 
cept Suffolk,  shall  have  a  new  column,  in  which  shall  be  entered  the 
towns  in  which  the  lands  lie.     St.  1885,  c.  29. 

CHAPTER   25. 

OF   SHERIFFS. 

Sect.  20.  Writs  or  processes  in  favor  of  as  well  as  against  a  sheriff  are 
to  be  so  served.     St.  1885,  c.  75. 


Table  of  Changes.  1361 

Sect.  22.  The  sheriff  of  Dukes  county  is  given  the  fees  in  addition  to 
his  saUirv.  St.  1884,  c.  209.  And  the  sheriff  of  Nantucket.  St.  1886, 
c.  28. 

The  salary  of  the  sheriff  of  Berkshire  county  is  raised  from  $1,000  to 
81,600.  St'.  1887,  c.  58.  Of  Essex  from  $1,800  to  $2,000.  St.  1887,  c. 
164.  Of  Middlesex  from  $2,000  to  $2,500.  St.  1888,  c.  95.  Of  Suf- 
folk from  $2,500  to  $3,000.  St.  1888,  c.  228.  Of  Worcester  from 
$2,000  to  $2,500.  St.  1888,  c.  244.  Of  Hampden  from  $1,250  to  $1,500. 
St.  1889,  c.  38. 

CHAPTER   26. 
OF   MEDICAL  EXAMINERS. 

Sect.  2.  A  new  district  is  made  in  Franklin  county,  for  which  a  new 
examiner  is  to  be  appointed.     St.  1884,  c.  321. 

In  Plymouth  the  number  of  medical  examiners  and  districts  is  increased 
from  four  to  five.     St.  1886,  c.  74. 

Sect.  9.  The  fees  of  medical  examiners  are  raised.  St.  1885,  c.  379, 
§  1. 

Sect.  11.  A  report  of  each  autopsy  is  to  be  filed  with  the  district 
attorney,  with  a  certificate  that  it  was  necessary.  Except  in  Suffolk,  the 
district  attorne}'  must  certify  that  it  was,  in  his  opinion,  necessary', 
before  the  fee  can  be  paid.     St.  1885,  c.  379.  §  7. 

Sects.  13,  14,  15.  A  verbatim  report  of  the  evidence  shall  be  made 
and  sworn  to,  at  the  expense  of  such  road,  where  the  accident  occurred  on 
a  raib'oad.     St.  1888,  c.  365. 

In  cases  of  fatal  accident  on  horse  railroads,  a  verbatim  report  of  the 
evidence  is  to  be  made  in  the  same  way.     St.  1889,  c.  154. 

Sect.  20.  Provision  is  made  for  the  disposition  of  the  body.  St. 
1887,  c.  310. 

Sect.  24.  Certificates  are  no  longer  to  be  made  to  the  treasurer  of  the 
Commonwealth.     St.  1887,  c.  310. 

Sect.  25.  Special  justices  of  police,  district  or  municipal  courts  who 
receive  compensation  only  under  P.  S.,  c.  154,  §  26,  are  given  the  same 
fees  at  inquests  as  trial  justices.     St.  1885,  c.  40. 

The  same  fees  are  allowed  to  witnesses  and  officers  at  inquests  as  in 
criminal  prosecutions  before  trial  justices.     St.  1883,  c.  61. 

The  fees  of  the  witnesses  are  fixed.     St.  1885,  c.  379,  §  2. 

Sect.  26.  A  yearly  report  to  the  secretary  of  the  Commonwealth  is 
required,  for  which  the  examiner  is  given  a  fee.  The  secretai-y  reports 
the  tabular  results  of  the  returns  to  the  legislature  with  the  return  of 
births,  deaths  and  marriages.     St.  1885,  c.  379,  §§  3,  4,  5,  6. 

CHAPTER   27. 

OF   TOWNS  AND   TOWN  OFFICERS. 

Towns  and  cities  may  devote  a  part  of  their  territory  to  the  preservation 
and  culture  of  forest  trees  for  the  wood  and  timber  or  the  preservation  of 
their  water  supply.  They  may  take  or  purchase  land.  The  State  board  of 
agriculture  is  given  charge  of  such  lauds.     The  town  or  city  may  erect 


1362  Public  Statutes. 

thereon  buildings  for  instruction  or  recreation  and  borrow  money.     St.  1882, 
c.  255. 

Towns  and  cities  ma}'  la}'  out  public  parks  and  take  lands  tberefor,  assess 
betterments  and  borrow  money.     St.  1882,  c.  154. 

Towns  and  cities  may  by  their  officers  contract  for  the  disposal  of  gar- 
bage, refuse  and  offal.     St.  1889,  c.  377. 

Towns  may  employ  counsel  at  hearings  before  committees  of  the  legis- 
lature.    St.  1889,  c.^380. 

Sects.  2-6.  Provision  is  made  for  the  definition  and  preservation  of 
town  boundary  lines.  Changes  may  be  recommended  by  the  commissioners 
on  the  topographical  survey.  Bounds  may  be  obliteiated,  removed  or  cov- 
ered up  in  the  legitimate  occupation  of  land  with  the  consent  of  the  county 
commissioners.     St.  1888,  c.  336. 

Sect.  9.  Any  town  or  city  may  lease  public  buildings,  except  school- 
houses,  to  the  Grand  Army  for  a  period  not  exceeding  five  years.  St.  1885, 
c.  60. 

Sect,  10.  Towns  may  vote  money  for  erecting  headstones  or  other 
monuments  for  soldiers  or  sailors  in  the  national  wars,  and  keeping  the 
same  in  repair.     St.  1884,  c.  42. 

The  monuments  which  may  be  kept  in  repair  or  decorated  need  no  longer 
be  within  the  limits  of  the  town.     St.  1886,  c.  76. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service 
law.     St.  1887,  c.  345. 

Sect.  11,  A  town  may  also  appropriate  money  to  celebrate  the  two 
hundred  and  fiftieth  anniversary  of  its  incorporation.     St.  1889,  c.  21. 

Sect.  12.  A  city  or  town  may  raise  fifty  cents  instead  of  twenty-five 
cents  for  each  poll,  to  be  expended  in  planting  or  the  encouragement  of 
the  planting  of  shade  trees.     St.  1885,  c.  123,  §  1, 

Sects.  44,  45,  46,  47,  48,  49,  with  reference  to  telegraph  wires,  shall 
also  apply  to  wires  for  electric  light.     St.  1883,  c.  221. 

Sect.  52.  The  requirement  is  added  that  the  voter  be  registered.  St. 
1887,  c.  249. 

Sect.  59.  If  neither  the  town  clerk  nor  selectmen  are  present,  the  jus- 
tice of  the  peace  calling  tlie  meeting  shall  preside.     St.  1887,  c.  371. 

Sect.  60.  Moderators  and  town  clerks  may  appoint  tellers  to  assist  in 
counting  votes  or  checking  names.     St.  1883,  c.  229. 

Sect.  65.  A  town  may  elect  three,  five,  seven  or  nine  assessors,  the 
term  of  office  being  three  years,  and  part  going  out  each  year ;  or  four 
assessors,  the  term  being  two  years,  and  half  going  out  each  year.  St. 
1883,  c.  203,  §  1. 

Sect.  69.  It  may  in  the  same  way  choose  three,  five,  seven  or  nine 
overseers  of  the  poor.     St.  1883,  c.  203,  §  2. 

Women  are  eligible  as  overseers  of  the  poor.     St.  1886,  c.  150. 

Sects.  74,  75,  76,  77.     In  towns  which  have  not  accepted  these  sections 
•  or  St.  1875,  c.  158,  the  selectmen  shall  appoint  a  superintendent  of  streets, 
removable  by  them,  whose  duties  are  defined  and  whose  compensation  is 
fixed  by  the  selectmen  of  the  town.     St.  1889,  cc,  98,  178. 

Sect.  78.  Towns  must  elect  auditors.  The  election  must  be  by  ballot. 
They  shall  have  access  to  the  books  at  least  once  a  month.  Sts.  1886, 
c.  295  ;  1888,  c.  221  ;   1889,  c.  191. 


Table  of  Changes.  1363 

Sects.  95  et  seg.  City  and  town  clerks  must  give  bonds  to  account  for 
money  received  for  dog  licenses.     St.  1888,  c.  320. 

Sect.  102.  The  oath  is  modified  in  form  and  must  be  taken  b}'  assessors, 
assistant  assessors  and  other  persons  chosen  to  aid  in  assessing.  St.  1885, 
c.  355. 

Sect.  104.  The  penalty  is  extended  to  all  the  persons  required  to  take 
the  oath.     St.  1885,  c.  355,  §  2. 

Every  assessor  who  fraudulently  fixes  the  valuation  at  less  or  more  than 
its  fair  cash  value  is  punished.     St.  1885,  c.  355,  §  3. 

Sects.  112  ei  seq.  Towns  must  return  the  names  of  constables  to  the 
clerks  of  the  courts  of  their  respective  counties  within  seven  davs  after 
they  qualify.     St.  1889,  c.  384. 

CHAPTER   28. 
OF  CITIES. 

"Mayor  and  aldermen"  shall  mean  board  of  aldermen,  unless  other 
provision  is  made  and  except  in  case  of  appointments.     St.  1882,  c.  164. 

In  case  of  death,  resignation,  absence  or  inability  of  the  mayor,  the  oftice 
devolves  on  the  chairman  of  the  board  of  aldermen,  if  an}^,  then  on  the 
president  of  the  common  council.  Such  officer  is  styled  acting  mayor. 
He  can  make  no  permanent  appointments.     St.  1882,  c.  182. 

Any  person  elected  mayor,  alderman,  common-councilman  or  member  of 
the  school  committee  shall  be  notified  of  his  election  b}'  the  board  of  alder- 
men within  seven  days  after  the  result  is  declared  ;  and  if  elected  at  a 
special  election,  he  shall  not  act  until  such  notice  has  been  issued.  St.  1885, 
c.  159. 

Cities  may  indemnify  a  police  officer  for  damages  sustained  while  acting 
as  such,  or  for  expenses  incurred  in  the  defence  or  settlement  of  any  suit 
brought  against  him  for  acts  done  while  so  acting.     St.  1888,  c.  379. 

Cities  may  by  ordinance  prescribe  that  all  fees,  charges  and  commissions 
of  every  description  allowed  by  law  to  the  city  clerk,  treasurer,  collector 
of  taxes  or  auv  other  official  shall  be  paid  into  the  treasury.  St.  1888, 
c.  308. 

Sect.  6.  One  of  several  items  in  an  ordinance  or  vote  involving  the 
appropriation  of  money  or  the  raising  of  a  tax  may  be  separately  vetoed. 
St.  1885,  c.  312,  §  3. 

Sect.  7.  Where  the  mayor  presides  in  the  board  of  aldermen,  he  has  no 
vote  there  or  in  joint  convention.     St.  1882,  c.  180. 

Sects.  14,  15,  IG.  Provision  is  made  for  a  new  division  of  wards  in 
cities.     St.  1888,  c.  437. 

Sects.  15,  16  are  repealed.     St.  1888,  c.  437,  §  6. 

The  city  clerk  must  make  a  return  to  the  secretary  of  the  Commonwealth 
of  such  new  division,  stating  the  number  of  wards  and  giving  the  designa- 
tion of  each  voting  precinct.     St.  1886,  c.  78. 

All  new  divisions  of  wards  and  precincts  made  under  this  section  since 
May  1,  1885,  are  abolished.     St.  1886,  c.  283. 

Sect.  23.  No  member  of  the  city  council  is  eligible  during  his  term  of 
office  to  any  office  by  appointment  or  election  of  the  city  council  or  either 


1361  Public  Statutes. 

branch  thereof,  the  salary-  of  which  office  is  paid  from  the  city  treasury. 
St.  1886,  c.  117. 

Sect.  25.  The  selectmen  of  towns  may  make  rules  for  the  regulation  of 
carriages  and  other  vehicles  as  mayors  and  aldermen  of  cities  may  now  do. 
St.  1885,  c.  197. 

CHAPTER   29. 

OF  MUNICIPAL  INDEBTEDNESS. 

Sect.  4,  The  limit  of  city  debts  is  reduced  from  three  per  cent,  to 
two  and  one-half  per  cent.  St.  1885,  c.  312.  But  certain  cities  are 
exempt,  Holyoke.  St.  1886,  c.  178.  And  Newburyport  in  part.  St. 
1886,  c.  254.  And  Boston  in  part.  Sts.  1886,  c' 304 ;  1889,  c.  68. 
And  Lynn.  St.  1889,  c.  172.  And  Brockton.  St.  1889,  c.  176.  And 
Worces'ter.      St.  1889,  c.  157. 

Sect.  6.  Temporary  loans  can  hereafter  be  made  only  in  anticipation 
of  the  taxes  of  the  current  municipal  3'ear.  Sts.  1885,  c.  312,  §  4  ;  1889, 
c.  372. 

Sects.  7,  8.  Towns  and  cities  which  have  incurred  or  shall  incur  a 
debt  may  issue  bonds,  notes  or  scrip  therefor,  with  interest  at  a  rate  not 
exceeding  six  per  cent,  per  annum,  and  sell  the  same.     St.  1884,  c.  129. 

Fitchburg  is  permitted  to  issue  bonds  or  notes  running  twenty  years. 
St.  1889,  c.  166. 

Sect.  9.  A  fixed  annual  appropriation  may  be  provided  as  a  substitute 
for  a  sinking  fund.     St.  1882,  c.  133. 

CHAPTER   30. 

OF    AID    TO    SOLDIERS   AND    SAILORS  AND    TO    THEIR    FAMILIES. 

Sect.  1.  The  limit  of  salary  of  the  third  commissioner  of  State  aid  is 
raised  from  $1,500  to  81,800.     St.  1889,  c.  279,  §  9. 

An  agent  is  to  be  appointed  for  the  settlement  of  pension,  bounty  and 
back  pay  claims.  He  is  furnished  an  office,  clerical  assistance  and  his 
travelling  expenses.     His  duties  are  defined.     St.  1888,  c.  396,  §§  1,  2,  3. 

Three  thousand  dollars  shall  be  paid  to  the  council  of  administration  of 
the  grand  army  of  the  republic  for  expenses  incurred  by  them  in  secur- 
ing pensions,  bounties  or  back  pay  and  for  temporary  relief  for  soldiers 
and  sailors.     St.  1888,  c.  396,  §  4. 

The  law  as  to  State  aid  is  revised  and  extended.  St.  1889,  cc.  279, 
301. 

Honorably  discharged  soldiers  and  their  widows  who  are  poor  shall  be 
supported  by  the  city  or  town  in  which  they  have  a  settlement,  but  not  at 
an  almshouse.     St.  1889,  c.  298. 

Provision  is  made  for  the  burial  of  deceased  indigent  soldiers,  sailors 
or  marines.     St.  1889,  c.  395. 

Aid  for  soldiers  may  be  entrusted  to  grand  army  posts  for  distribution. 
St.  1885,  c.  189. 

Sect.  18.  One  or  more  persons  may  be  appointed  to  investigate  claims 
for  reimbursement  of  State  aid  instead  of  one  person.     St.  1886,  c.  110. 


Table  of  Changes.  1365 


CHAPTER   31. 

OF   THE    CENSUS,   THE    BUREAU    OF    STATISTICS    OF    LABOR    AND 
THE  BOARD   OF   SUPERVISORS   OF   STATISTICS. 

Useless  records,  schedules  and  papers  accumulating  in  the  bureau  of 
statistics  of  labor  may  be  destroyed.     St.  1887,  c.  43. 

Sects.  1-12.  These  sections  relating  to  the  State  census  are  revised. 
St.  1884,  c.  181. 

Certain  statistics  as  to  manufactures  are  to  be  collected  annually  by  the 
bureau  of  statistics  of  labor,  and  abstracts  are  to  be  published  and  dis- 
tributed.    St.  1886,  c.  174. 

Sects.  13,  15.  The  chief  of  the  bureau  of  statistics  of  labor  is  given  a 
second  clerk  at  Si, 300  per  year.     St.  1884,  c.  4. 

The  salary  of  the  first  clerk  is  increased  from  $1,500  to  $1,800  and  of 
the  second  clerk  from  $1,300  to  $1,500.     St.  1888,  c.  115. 

CHAPTER   32. 

OF    THE    REGISTRY   AND    RETURNS   OF  BIRTHS,   MARRIAGES    AND 

DEATHS. 

Returns  of  deaths  and  births,  where  the  deceased  person  or  the  parents 
of  the  child  were  resident  in  some  other  town,  must  be  made  to  such  town 
and  recorded  there.     St.  1889,  c.  208. 

Sect.  1.  In  the  records  of  burials,  if  the  deceased  was  a  married  woman, 
the  name  of  her  husband  is  to  be  entered.     St.  1887,  c.  202,  §  5. 

Sect.  3.  The  words,  which  require  the  request  for  a  certificate  of  the 
death  to  be  made  within  fifteen  days,  are  stricken  out.     St.  1888,  c.  63. 

The  certificate  must  also  state,  to  the  best  of  the  {physician's  knowledge 
and  belief,  the  name  of  the  deceased  and  his  age.  The  request  for  it  is  no 
longer  limited  to  fifteen  days.  The  penalty  for  neglect  to  furnish  it  is 
increased.     St.  1888,  c.  306"'. 

If  the  person  deceased  was  a  soldier  or  sailor  in  the  war  of  the  rebellion 
the  physician  shall  give  both  the  primary  and  secondary  or  immediate 
cause  of  death.     St.  1889,  c.  224. 

Sect.  4.  The  returns  of  sextons  and  undertakers  shall  be  preserved, 
filed,  arranged  and  indexed  conveniently  for  examination  and  refereuco. 
St.  1887,  c.  202. 

Sect.  5.  A  certificate  approved  by  the  board  of  health,  where  there  is 
one,  is  required  before  the  removal  of  bodies  as  well  as  before  burial.  St. 
1883,  c.  124,  §  1. 

No  body  of  a  person  dying  from  certain  diseases  can  be  transported 
unless  securely  encased  ;  and  no  permit  to  remove  can  be  given  until  the 
board  of  health  or  selectmen  have  given  a  certificate  stating  the  cause  of 
death  and  that  the  body  has  been  so  encased.  The  certificate  goes  with 
the  body.     St.  1883,  c.  124,  §  2. 

A  fine  is  imposed  for  violations  of  St.  1883,  c.  124,  §  2.    St.  1887,  c.  335.* 

This  section,  which  provides  for  permission  for  the  removal  or  burial  of 
human  bodies,  is  revised  and  changed.     St.  1888,  c.  306,  §  2. 


1366  Public  Statutes. 

vSect.  7.  Physicians  and  midlives  are  required  to  report  additional 
facts  and  are  given  a  fee  of  twenty-five  cents.     St.  1883,  c.  158. 

They  must  return  monthly  a  list  of  births  in  Boston  to  the  cit}'  clerk  as 
in  other  cities  and  towns.     St.  1889,  c.  288. 

CHAPTER   33. 

OF  WORKHOUSES  AND  ALMSHOUSES. 

No  person  whose  insanity  has  continued  less  than  twelve  months  can  be 
detained  in  an  almshouse  witliout  remedial  treatment.     St.  1886,  c.  319,  §  3. 

CHAPTEPv   35. 
OF  FIRES,   FIRE   DEPARTMENTS   AND   FIRE  DISTRICTS. 

Sect.  1.  Forest  fire-wards  are  to  be  appointed.  Their  duties  are  de- 
fined.    St.  1886,  c.  296,  §§  2,  3. 

Sect.  10.    These  returns  shall  include  forest  fires.    St.  1886,  c.  296,  §  4. 

Sects.  10,  11.  These  sections  requiring  returns  of  fires  are  repealed. 
St.  1888,  c.  199,  §  3. 

Sects.  28  et  seq.  Fire  departments  must  be  equipped  with  certain  appa- 
ratus for  the  saving  of  lives  at  fires.  The  proper  autliorities  of  the  depart- 
ment must  see  that  the  apparatus  is  kept  in  good  condition  and  ready  for 
immediate  use,  and  that  firemen  are  trained  in  handling  it.    St.  1888,  c.  310. 

Sect.  29.  The  selectmen  may  remove  engineers  after  notice  and  hearing. 
St.  1886,  c.  113. 

Sect.  35.  Violations  of  rules  established  b}^  boards  of  engineers  are 
punished.     St.  1888.  c.  220. 

CHAPTER   36. 

OF  FENCES   AND   FENCE  VIEWERS,   POUNDS  AND  FIELD  DRIVERS. 

Sects.  1-19.  Certain  fences  and  other  like  structures  maliciously  erected 
are  declared  private  nuisances.     St.  1887,  c.  348. 

CHAPTER  — . 
OF   THE   CIVIL   SERVICE. 

The  appointment  of  officers  in  the  government  of  the  Commonwealth  and 
of  the  cities  is  regulated.     St.  1884,  c.  320. 

The  salary  of  the  secretary  of  the  civil  service  commission  is  increased 
from  $1,200  to  $2,000.     St.' 1889,  c.  177. 

The  salary  of  the  chief  examiner  of  the  civil  service  commission  is 
increased  from  $2,500  to  $3,000.     St.  1889,  c.  351. 

The  copy  of  the  rules  or  changes  need  be  sent  only  to  the  mayors  of 
cities  to  which  such  rules  or  changes  therein  relate  and  be  published  in 
pne  or  more  newspapers.     St.  1888,  c.  253. 

The  clause  of  St.  1884,  c.  320,  §  4,  which  requires  the  immediate  dis- 
charoe  of  any  person  convicted  of  the  violation  of  any  law  of  the  State,  is 
repealed.     St.  1888,  c.  334. 


Table  of  Chaxges.  13G7 

Cities  mav  appropriate  money  for  the  enforcemeut  of  the  civil  service 
law.     St.  1887,  c   345. 

The  statements  of  the  application  must  be  made  under  oath.  St.  1889, 
c.  183. 

Engineers  and  others  having  charge  of  steam  boilers  in  Boston  are  put 
under  the  civil  service  rules.     St.  1889,  c.  352. 

Honorably  discharged  soldiers  and  sailors  are  given  an  absolute  right 
to  appointment  in  preference  to  others  who  have  not  a  higher  standing 
upon  the  eligible  list.     St.  1889,  c.  473. 

The  tenure  of  office  of  all  officers  appointed  by  the  governor  and  council, 
except  when  otherwise  specially  provided  by  law,  continues  until  their 
successors  are  appointed.     St.  1887,  c.  364. 

CHAPTER   37. 
OF  THE   PUBLIC   RECORDS. 

Clerks  of  towns  and  cities  shall  keep  indexes  of  instruments  recorded, 
in  the  form  here  provided.     St.  1885,  c.  190. 

Sect.  3.  The  county  commissioners  must  furnish  additional  accommo- 
dations when  required  by  a  justice  of  the  supreme  court.     St.  1886,  c.  207. 

Sect.  5.     Records  of  births  may  also  be  copied.     St.  1887,  c.  202. 

CHAPTER   38. 
OF  PARISHES  AND   RELIGIOUS   SOCIETIES. 

Religious  societies  shall  not  assess  taxes  except  upon  their  pews.  St. 
1887,  c.  419. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  c.  326. 

Provision  is  made  for  the  incorporation  of  churches.     St.  1887,  e.  404. 

Sect.  21  is  repealed.     St.  1887^  c.  419. 

Sect.  43.  This  section,  defining  the  powers  of  officers  of  the  Protestant 
Episcopal  Church,  is  extended  to  the  Reformed  Episcopal  Church.  St. 
1886,  c.  239. 

CHAPTER  39. 

OF  DONATIONS  AND  CONVEYANCES  FOR  PIOUS  AND   CHARITABLE 

USES. 

Sects.  1,  2.  Churches  or  religious  societies  may  appoint  trustees  who, 
with  their  successors,  shall  be  a  body  corporate  for  the  purposes  of  this 
section.     St.  1884,  c.  78. 

CHAPTER   40. 

OF   LIBRARY   ASSOCIATIONS. 

Sect.  6.     The  amount  which  may  be  paid  to  the  county  law  libraries  is 
increased  from  $1,500  to  $2,000.     St.  1882,  c.  246. 
Sects.  16  et  seq.     The  election,  powers  and  duties  of  trustees  of  free 


1368  Public  Statutes. 

public  libraries  or  of  free  public  libraries  and  readins;  rooms  in  towns  is 
regulated.     St.  1888,  c.  304. 

The  limitation  of  the  number  of  trustees  to  nine  is  repealed.  Where  a 
town  has  heretofore  elected  the  trustees  in  the  way  provided  they  serve 
iintil  the  expiration  of  their  terms.     St.  1889,  c.  112. 

CHAPTER   41. 
OF  THE   BOARD   OF  EDUCATION. 

Sect.  8.  The  salary  of  the  secretary  of  the  board  of  education  is  raised 
from  $2,500  to  §3,000.     St.  1885,  c.  227. 

Sects.  1G,  17.  The  board  also  supervises  the  pupils  in  the  Perkins 
institution  and  Massachusetts  school  for  the  blind.     St.  1885,  c.  118. 

Sect.  16.  This  section,  which  provides  for  the  instruction  of  deaf 
mutes  at  the  public  expense,  is  revised  and  extended.     St.  1888,  c.  239. 

The  free  instruction  of  deaf  mutes  or  deaf  children  may  be  continued 
beyond  ten  years.     St.  1889,  c.  226. 

CHAPTER   43. 

OF   THE   SCHOOL  FUNDS. 

Sect.  3.  The  distribution  of  the  half  of  the  school  fund  not  specificall}' 
appropriated  is  changed,  increasing  the  amount  given  to  the  smaller  towns. 
St.  1884,  c.  22. 

CHAPTER   44. 

OF   THE   PUBLIC   SCHOOLS. 

Sect.  1.  The  use  of  hand  tools  may  be  taught,  if  deemed  expedient. 
The  tools  are  to  be  furnished  b?  the  town  and  loaned  to  the  scholars.  St. 
1884,  c.  69. 

Sect.  2.  Towns  and  cities  of  over  ten  thousand  inhabitants  must  main- 
tain evening  schools,  with  certain  studies.  The  terms,  hours  and  regula- 
tions are  fixed  by  the  school  committee.     St.  1883,  c.  174. 

Notice  must  be  given  of  the  opening  of  the  evening  schools.  St.  1887, 
c.  433,  §  4. 

Physiology  and  hygiene,  including  special  instruction  as  to  the  effects  of 
alcoholic  drinks,  stimulants  and  narcotics  on  the  'human  system,  must  be 
taught  in  the  public  schools.     St.  1885,  c.  332. 

Sects.  1,  2.  Cities  of  over  fifty  thousand  inhabitants  must  maintain 
evening  high  schools  when  requested  bv  fifty  persons  intending  to  be  stu- 
dents.    St.  1886,  c.  236. 

Sect.  28.  Teachers  after  a  service  of  one  year  may  be  elected  to  serve 
during  the  pleasure  of  the  committee.     St.  1886,  c.  313. 

vSect.  36.  Text-books  and  school  supplies  are  hereafter  to  be  purchased 
and  loaned  to  the  pupils.     St.  1884,  c.  103. 

Sects.  37,  38.  The  sum  due  to  the  town  for  school  books  may  be 
abated  as  in  the  case  of  taxes.     St.  1885,  g.  67. 

Sects.  35-40  are  repealed,  and  school  committees  may  procure  at  the 


Table  of  Changes.  1369 

expense  of  the  city  or  town,  an  appropriation  having  been  previously  made 
therefor,  such  apparatus,  books  of  reference  and  other  means  of  illustra- 
tion as  they  deem  necessary.     St.  1885,  c.  161. 

Sects.  43-45.  Small  towns  may  unite  to  employ  a  superintendent  of 
schools  and  then  receive  assistance  from  the  State.  Section  43,  respecting 
the  service  of  school  committees  without  pay  in  towns  where  a  superin- 
tendent is  appointed,  shall  not  apply.     St.  1888,  c.  431. 

CHAPTER   45. 
OF  SCHOOL  DISTRICTS. 

The  school  district  system  was  abolished  on  January  1,  1883,  and  the 
affairs  of  the  districts  are  to  be  closed.     St.  1882,  c.  219. 

Sect.  8.  Towns  are  given  the  right  to  sue  or  defend  for  abolished 
school  districts.     St.  1884,  c.  122. 

CHAPTP:R   47. 
OF  THE   ATTENDANCE   OF   CHILDREN   IN   THE   SCHOOLS. 

Sect.  1.  The  excuse  of  poverty  and  the  provision  as  to  half  time 
schools  are  struck  out.  The  instruction  obtained  must  be  in  the  branches 
required  bv  law  to  be  taught  in  the  public  schools.  St.  1889,  c.  464, 
§  1.  ■' 

Sect.  2.  Teaching  in  all  the  studies  required  by  law  must  be  in  the 
English  language,  instead  of  in  all  studies.     St.  1889,  c.  464,  §  2. 

Sect.  9.  No  child  can  attend  school  while  any  person  in  its  family  is 
sick  with  small-pox,  diphtheria  or  scarlet-fever,  or  until  two  weeks  after 
his  recovery.     St.  1884,  c.  64. 

Nor  after  recovery  without  a  certificate  from  the  attending  physician  or 
board  of  health.     St.  1885,  c.  198. 

CHAPTER   48. 

OF  THE  EMPLOYMENT  OF  CHILDREN  AND  REGULATIONS  RESPECT- 
ING THEM. 

Sect.  1.  No  minor  shall  be  employed  to  sell  papers  devoted  to  criminal 
news.     St.  1885,  c.  305. 

Sects.  1-6.  These  sections  are  repealed.  The  regulations  as  to  the 
emplovment  of  children  are  revised  and  extended  and  forms  established. 
St.  1888,  c.  348. 

The  employment  of  children  who  cannot  read  and  write  the  English 
language  is  regulated.  Sts.  1887,  c.  433,  §§  2,  3,  4;  1888,  c.  348  ;  1889, 
c.  139. 

No  child  can  receive  the  certificate  unless  he  can  read  at  sight  and  write 
legibly  simple  sentences  in  the  English  language.     St.  1889,  c.  291. 

Street  railway  corporations  may  not  permit  children  under  ten  to  enter 
their  cars  to  sell  newspapers  or  otlier  articles.     St.  1889,  c.  229. 

Sects.  1  et  seq.  The  sanitary  provisions  in  factories,  workshops,  mer- 
cantile or  other  establishments  and  offices  are  regulated.     The  expense 


1370  Public  Statutes. 

in  certain  cases  may  be  recovered  of  otlier  persons  having  an  interest  in 
the  premises.     St.  1888,  c.  305. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

Uniform  and  proper  meal  times  must  be  allowed  for  children,  young  per- 
sons and  women  employed  in  certain  factories  and  workshops.  St.  1887, 
cc.  215,  330. 

The  words  nsed  in  statutes  relating  to  the  employment  of  labor  are 
defined.     St.  1887,  c.  103. 

Si:cT.  10.  Children  who  persistently  violate  the  reasonable  rules  and 
regulations  of  the  common  schools  also  fall  under  this  section.  The  clause 
allowing  the  judge  of  probate  to  approve  such  by-laws  is  omitted.  St.  1889, 
c.  249,  §  1. 

Sects.  10  el  seq.  Truants  may  be  apprehended  and  taken  to  school 
without  a  warrant.     St.  1889,  c.  422. 

Sect.  12.  Whoever,  after  notice,  hires,  entices  or  induces  any  child 
imlawfuUy  to  absent  himself  from  school,  or  hires,  employs  or  harbors  such 
absentee  or  truant,  is  punished.     St.  1885,  c.  71. 

This  section  is  amended  to  correspond  with  the  alteration  in  section  10. 
St.  1889,  c.  249,  §  2. 

Sect.  14.  Three  or  more  cities  or  towns  in  each  of  two,  three  or  four 
contiguous  counties  may  require  the  establishment  of  a  union  truant  school, 
and  the  clause  with  reference  to  Norfolk,  Bristol,  Barnstable  and  Plymouth 
counties  is  repealed.     St.  1884,  c.  155. 

Sect.  18.  Poor  children  in  need  of  immediate  relief  are  to  be  provided 
for  by  the  board  of  lunacy  and  charity,  and  courts  may  commit  children 
who  are  growing  up  without  education  or  salutary  control,  or  who  are 
dependent  on  public  charity,  to  such  board  if  they  have  no  settlement,  or 
to  the  overseers  of  the  poor  if  they  have  a  settlement,     St.    1882,  c.   181. 

If  the  place  of  settlement  of  any  of  such  children  has  not  within  its  con- 
trol any  institution  in  which  they  may  be  lawfully  maintained  they  may  be 
committed  to  the  custody  of  the  board  of  lunacy  and  charity.  St.  1888, 
c.  248. 

A  complaint,  summons  to  the  parents  or  guardian  of  the  child,  a  hearing 
and  appeal,  and  the  custody  of  the  child  pending  the  proceedings,  are 
provided  for.     St.  188G,  c.  330. 

If  any  parent  abandons  a  child  under  two  j'ears  old,  or  neglects  to  sup- 
port it,  or  having  contracted  for  its  maintenance  fails  to  perform  such  con- 
tract, he  is  punished.  Any  person  knowingly  and  with  wrongful  intent 
aiding  such  abandonment,  is  also  punished.  Every  person  receiving  a 
child  under  one  year  old,  knowing  or  having  cause  to  believe  it  to  be  ille- 
gitimate, must  at  once  notify  the  overseers  of  the  poor.  The  parents 
must  answer  all  questions  as  to  its  residence,  parentage  and  place  of  set- 
tlement, and  must,  when  called  upon,  give  security  for  its  maintenance. 
St.  1882,  c.  270. 

Unreasonable  neglect  to  provide  for  the  support  of  a  wife  or  minor 
child  is  punished,  and  the  fine  may  be  paid  to  the  corporation  or  person 
actually  then  supporting  them.  Sts.  1882,  c.  270,  §  4;  1884,  c.  210; 
1885,  c.  176. 


Table  of  Changes.  1371 

Sects.  18,  19.  Ooly  persons  appoiuted  by  the  towns  and  the  officers 
and  agents  of  the  Society  for  the  Prevention  of  Cruelty  to  Children  shall 
carry  into  effect  the  judgments  under  these  sections.     St.  1883,  c.  245. 

Sects.  22  et  seq.  Whoever  abandons  an  infant  under  the  age  of  two 
years  is  punished.  P^very  person  who  receives  an  infant  under  the  age  of 
one  year  must  try  to  ascertain  whether  it  is  illegitimate  and,  if  he  knows 
or  has  reason  to  believe  it  to  be  so,  must  notify  the  board  of  lunacy  and 
charity.  The  board  may  enter  any  building  where  they  have  reason  to 
suppose  that  such  child  is  and  take  the  custody  of  it  and  remove  it.  Per- 
sons receiving  infants  for  board  must  answer  the  questions  of  the  board. 
St.  1889,  c.  309. 

Boarding  houses  for  infants  under  the  age  of  five  years  must  be  licensed 
by  the  board  of  health.  Such  boarding  house  is  defined.  Infant  board- 
ing houses  must  be  visited  and  inspected.     St.  1889,  c.  416. 

CHAPTER  49. 

OF"  THE  LAYING  OUT  AND  DISCONTINUANCE  OF  WAYS,  AND  OF 
DAIMAGES  OCCASIONED  BY  THE  TAKING  OF  LAND  FOR  PUB- 
LIC USE. 

Land  may  be  taken  for  parks.     St.  1882,  c.  154. 

For  the  cultivation  of  trees.     St.  1882,  c.  255. 

The  improvement  of  public  grounds  or  open  spaces  in  streets  designated 
as  not  needed  for  public  travel  may  be  given  to  corporations  organized 
for  the  purpose  who  shall  then  have  charge  thereof,  subject  to  the  direction 
of  the  selectmen  or  road  commissioners.  Any  wilful  injury  is  punished 
by  a  fine  which  goes  to.  the  corporation.     St.  1885,  c.  157. 

Public  landing  places  alreadv  existing  may  be  laid  out  and  defined. 
St.  1882,  e.  109. 

Sect.  18.  A  provision  is  inserted  providing  for  the  payment  by  the 
trustee  of  any  rent  or  charge  to  the  reversioner  or  remainderman  and  the 
language  is  changed  in  other  respects.     St.  1883,  c.  253. 

Sect.  47.  The  pay  of  the  officer  who  attends  the  sheriff's  jury  is  raised 
from  one  dollar  and  one-half  to  four  dollars  per  day.     St.  1882,  c.  96. 

Sects.  84-86.  These  sections,  which  define  the  powers  of  the  street 
commissioners  of  Boston,  are  revised.     St.  1888,  c.  397. 

Sect.  105.  Damages  for  land  taken  by  any  town  in  the  counties  of 
Nantucket  or  Dukes  county,  or  by  either  of  those  counties,  may  be 
assessed  by  a  jury  in  the  superior  court  in  Bristol  county.    vSt.  1887,  c.  50. 

CHAPTER   50. 
OF   SEWERS,  DRAINS  AND   SIDEWALKS. 

Sect.  5.  Land  sold  for  sewer  assessments  may  be  redeemed  as  if  sold 
for  taxes.     St.  1883,  c.  145. 

The  lieu  shall  continue  for  two  years  instead  of  one  year.  St.  1886, 
c.  210. 


1372  Public  Statutes. 


CHAPTER    51. 

OF  BETTERMENTS    AND    OTHER    ASSESSMENTS    ON    ACCOUNT   OF 
THE   COST  OF  PUBLIC   IMPROVEMENTS. 

The  betterment  act  is  extended  to  alterations  of  ways  at  railroad  cross- 
ings.    St.  1884,  c.  280. 

The  authorities  may  agree  to  assume  betterments  for  streets  or  parks,  if 
the  land-owner  will  release  damages.     St.  1884,  c.  226. 

Betterments  bear  interest  after  thirty  days,  and  the  lien  continues  for  one 
year  after  the  determination  of  any  suit  to  test  their  validity.  St.  1884, 
c.  237. 

Notice  of  an  assessment  of  betterments  must  be  given  within  three 
months  to  persons  affected.     St.  188.5,  c.  299. 

The  county  commissioners,  in  laying  out,  altering,  grading  or  discon- 
tinuing highways,  may  declare  the  same  to  be  done  under  the  betterment 
acts,  so  far  as  it  is  done  within  a  city  or  town  which  has  accepted  those 
acts.  If  they  have  ordered  damages  for  any  land  or  buildings  to  be  paid 
from  the  county  treasury,  the  sum  shall  be  included  and  reimbursed  to  the 
county  ratably  from  the  betterments  collected.     St.  1887,  c.  124. 

CHAPTER   52. 
OF  THE   REPAIR  OF   WAYS   AND  BRIDGES. 

Sect.  10.  The  trimming  and  removal  of  trees  in  ways  is  regulated. 
St.  1885,  c.  123,  §  2. 

Sect.  19.  The  notice  of  injury  shall  not  be  invalid  for  any  unintentional 
inaccuracy,  if  the  party  entitled  to  notice  was  not  misled.     St.  1882,  c.  36. 

Actions  for  injuries  received  on  highways  are  no  longer  limited  to  the 
superior  court.     St.  1888,  c.  114. 

CHAPTER   53. 

OF   THE    REGULATIONS   AND    BY-LAWS    RESPECTING    WAYS   AND 

BRIDGES. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  c.  393. 

Sect.  1.  Guide  posts  are  required  at  forks  or  intersections  of  such 
highways  and  other  ways  as  lead  to  adjoining  towns  or  cities.  St.  1887, 
c.  162. 

Sect.  18.  The  county  commissioners  may  regulate  the  speed  at  which 
persons  may  ride  or  drive  horses  or  other  beasts  over  any  bridge  which  has 
cost  not  less  than  one  thousand  dollars  and  to  the  construction  or  mainte- 
nance of  which  the  county  contributes.     St.  1888,  c.  313. 


Table  of  Changes.  1373 


CHAPTER   54. 

OF  THE  BOUNDARIES  OF  HIGHWAYS  AND  OTHER  PUBLIC   PLACES, 
AND  ENCROACHMENTS   THEREON. 

No  barbed  wire  fence  may  be  built  against  a  sidewalk.  St.  1884, 
c.  272. 

Laws  granting  the  right  to  regulate  teleplioue  and  telegraph  lines  are 
extended  to  every  corporation,  copartnership  or  person  having  authority 
to  place  posts,  wires  or  structures  in  public  ways  or  places  for  any  purpose. 
When  unused  such  posts  mav  be  ordered  to  be  removed  at  the  expense  of 
the  owner.     St.  1889,  c.  398^. 

Sects.  6,  9.  The  town  or  citv  may  itself  plant  snch  trees.  St.  1885, 
c.  123,  §  1. 

Sects.  9,  12.  The  requirements  of  acceptance  is  repealed.  St.  1885, 
c.  123,  §  3. 

CHAPTER   56. 

OF   THE   INSPECTION  AND   SALE   OF  BUTTER,  CHEESE,  LARD,  FISH, 
HOPS,  LEATHER  AND   POT  AND   PEARL  ASHES. 

Sect,  17.  Jn  the  mark  or  label,  "imitation  butter"  is  substituted  for 
"  adulterated  butter."     St.  1884.  c.  310,  §  1. 

Sects.  17-19.  The  type  of  the  brand  required  is  changed  from  Roman 
to  Gothic,  and  other  names  are  allowed.     St.  1885,  c.  352,  §§  1,  2. 

The  sale  of  imitations  of  butter  is  further  regulated.     St.  1886,  c.  317. 

Sect.  19.  The  use  of  false  labels,  stamps  or  marks  is  punished.  St. 
1885,  c.  352,  §  3. 

Sect.  20.  Inspectors  may  enter  places  where  butter  or  cheese  is  stored 
or  kept  for  sale,  and  interference  with  their  duties  is  punished.  St.  1884, 
c.  310,  §  2. 

Inspectors  appointed  under  St.  1882,  c.  263,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

Sects.  3-21.  The  sale  of  adulterated  lard  is  forbidden  unless  it  is 
branded  as  compound  lard.     St.  1887,  c.  449. 

Sects.  22  et  seq.  Public  weighers  of  salt-water  fish  may  be  appointed. 
Their  duties  and  fees  are  established.     St.  1888,  c.  163. 

CHAPTER   57. 
OF   THE   INSPECTION  AND   SALE   OF   MILK. 

Municipal,  district,  police  courts  and  trial  justices  are  given  concurrent 
jurisdiction  with  the  superior  court  of  offences  under  this  chapter.  St. 
1885,  c.  149. 

The  milk  act  is  not  repealed  or  amended  by  subsequent  legislation  as  to 
adulterations.     St.  1884,  c.  289,  §  4. 

Sect.  2  is  revised.  Milk  for  analysis  is  to  be  delivered  to»the  inspector 
on  his  written  request,  instead  of  his  taking  it.  The  clause  making  the 
certificate  of  analysis  evidence  is  omitted.  A  part  of  the  sample  analyzed 
is  to  be  kept  for  the  defendant.     St.  1884,  c.  310,  §§  3,  4. 


1374  Public  Statutes. 

This  section  is  again  revised.     The  assistants  as  well  as  the  inspectors  ^ 
may  enter  and  take  samples.     St.  1885,  c.  352,  §  4. 

Inspectors  appointed  under  St.  1882,  c.  203,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

The  inspectors  may  appoint  collectors  with  power  to  take  samples. 
They  maj-  take  samples  in  all  cases  instead  of  only  when  they  have  reason 
to  believe  the  milk  adulterated.  They  must  on  request  give  a  portion  of 
the  sample  to  the  person  from  whom  it  is  taken.  The  provision  that  the 
certificate  of  analysis  shall  be  evidence  is  stricken  out.  St.  188G,  c.  318, 
§  1. 

A  refusal  or  neglect  to  deliver  a  portion  of  the  sample  makes  any  analy- 
sis or  test  incompetent.     St.  l'886,  c.  318,  §  3. 

Whoever  makes,  uses  or  has  a  counterfeit  of  the  inspector's  seal,  or 
tampers  with  samples,  is  punished.     St.  1886,  c.  318,  §  4. 

Sect.  5.  Milk  not  of  good  standard  quality  is  added  to  the  kinds  which 
may  not  be  sold.     St.  1886,  c.  318,  §  2. 

Sect.  7.  The  mark  must  be  in  uncondensed  Gothic  letters.  St.  1885, 
c.  352,  §  7. 

Such  skimmed  milk  must  have  at  least  nine  and  three-tenths  per  cent,  of 
milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  8. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884, 
c.  310,  §  5. 

Sect.  9.  The  milk  must  also  contain  not  less  than  nine  and  three- 
tenths  per  cent,  of  milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  6. 

Milk  of  good  standard  quality  is  defined,  and  the  necessary  percentages 
of  solid  matter  fixed.     St.  1886,  c.  318,  §  2. 

Sect.  12,  regulating  the  number  of  quarts  that  a  milk  can  shall  hold,  is 
repealed.     St.  1885,  c.  145. 

The  wilful  defacing  and  misuse  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

CHAPTER   58. 

OF  THE  INSPECTION    AND    SALE    OF    PROVISIONS    AND    ANIMALS 
INTENDED  FOR  SLAUGHTER. 

The  sale  of  dressed  poultry  is  regulated.     St.  1887,  c.  94. 

The  adulteration  of  any  drug  or  article  of  food  is  punished.  Adultera- 
tion is  defined.     St.  1882,  c.  263. 

"  Food  "  and  "  drug  "  are  defined.     St.  1886,  c.  171. 

The  annual  expenditure  for  the  enforcement  of  the  adulteration  act  may 
be  ten  thousand  dollars.  An  annual  report  by  the  State  board  is  required. 
St.  1884,  c.  289,  §§  1,  2. 

The  adulteration  act  does  not  apply  to  mixtures  recognized  as  ordinary 
articles  of  food,  nor  to  drugs  where  the  standard  has  been  raised,  nor  to 
cases  where  an  inferior  article  is  ordered  or  the  difference  is  known  to  the 
purchaser,     ^t.  1884,  c.  289,  §§  5,  7. 

A  portion  of  the  sample  must  be  furnished  to  the  defendant.  St.  1884, 
c.  289,  §  8. 


Table  op  Changes.  1375 

CHAPTER   59. 
OF  THE  INSPECTION  AND   SALE   OF   CERTAIN  OILS. 

The  preparation,  storage  and  sale  of  unsafe  oils  intended  to  be  used  for 
fuel  is  forbidden,  the  person  guilty  is  punished  and  also  made  liable  for  all 
damages,  and  the  oil  is  forfeited.  A  standard  test  for  such  oils  is  estab- 
lished.    St.  1885,  c.  98. 

Sect.  7.  A  new  section  is  substituted  which  forbids  the  selling  or  keep- 
ing for  sale  of  kerosene  or  petroleum  unless  inspected  by  an  authorized 
inspector.     St.  1885,  c.  122,  §  2. 

CHAPTER   60. 
OF  THE  INSPECTION  AND   SALE   OF   VARIOUS  ARTICLES. 

Sects.  11-16.  These  sections  as  to  the  inspection  and  sale  of  commer- 
cial fertilizers  are  repealed  and  new  provisions  are  substituted.  St.  1888, 
c.  296. 

Sect.  17,  which  provides  the  mode  of  issuing  licenses  to  sell  commercial 
fertilizers,  is  repealed.     St.  1883,  c.  29. 

Sect.  20.  A  crate  of  cranberries  containing  thirty-two  quarts,  level 
measure,  is  made  a  legal  measure,  and  all  barrels  or  crates  must  be 
branded  or  marked  "Massachusetts  standard  measure."  Whoever  so 
brands  or  marks  any  barrel  or  crate  of  less  capacity  is  punished.  St. 
1884,  c.  161. 

Sect.  21.  Cider  apples,  beans  and  pease  are  added  to  the  articles  which 
must  be  sold  either  by  the  bushel  or  the  cental.  The  weight  of  the  bushel 
of  apples  is  fixed  at  fifty  pounds,  and  of  beans  or  pease  at  sixty-two  pounds. 
St.  1888,  c.  114. 

Sects.  69-71.  The  adulteration  of  vinegar  is  forbidden,  and  the  stand- 
ard of  purity  fixed.  The  act  is  to  be  enforced  by  the  inspectors  of  milk. 
St.  1884,  c.  307. 

Artificial  coloring  matter  is  to  be  deemed  an  adulteration,  and  the  per 
cent,  of  acetic  acid  is  reduced  from  five  to  four  and  one-half  per  cent.,  and 
that  of  cider  vinegar  solids  is  increased  from  one  and  one-half  to  two  per 
cent.     St.  1885,  c.  150. 

Sect.  69.  Vinegar  not  made  exclusively  of  apple  cider,  or  into  which 
foreign  substances  have  been  introduced,  may  not  be  sold,  held  with  intent 
to  sell  or  exposed  for  sale  as  cider  vinegar.  Sts.  1883,  c.  257,  §  1  ;  1884, 
c.  307,  §  1. 

Sect.  71.  Compensation  may  be  provided  for  the  Inspector  of  vinegar, 
or  he  may  recover  a  reasonable  compensation  for  his  services.  St.  1883, 
c.  257,  §  2. 

Cities  or  towns  may  pay  inspectors  of  vinegar  appointed  under  St.  1880, 
c.  113.     St.  1884,  c.'l63. 

Sect.  82.  Coal  in  amounts  less  than  five  hundred  pounds  must  be  sold 
in  measures  of  the  dimensions  prescribed,  and  any  person  who  uses,  or  has 
with  the  intention  to  use,  any  other  measure,  is  punished.  St.  1883,  c. 
218. 


1376  Public  Statutes. 

The  baskets  and  measures  provided  by  St.  1883,  c.  218,  must  be  stamped 
with  their  capacity  by  the  sealer  of  weights  and  measures,  and  the  coal 
must  be  delivered  in  them.     St.  1884,  c.  70. 

CHAPTER  61. 
OF   THE  INSPECTION  OF  GAS   AND   GAS   METERS. 

In  the  construction  of  this  chapter  gas  company  includes  any  person 
owning  or  operating  works  for  the  manufacture  or  sale  of  gas  for  heating 
or  illuminating  purposes.     St.  188G,  c.  346,  §  7. 

A  board  of  gas  commissioners  is  established,  to  whom  the  gas  companies 
are  to  report  and  who  have  power  to  hear  complaints  and  make  orders  with 
regard  to  the  quality  and  price  of  gas.     St.  1885,  c.  314. 

The  board  of  gas  commissioners  is  constituted  a  board  of  gas  and  elec- 
tric light  commissioners,  and  the  laws  as  to  gas  are  extended  to  electric 
light  companies.     St.  1887,  c.  382. 

The  name  of  the  board  of  gas  commissioners  is  changed  to  the  board 
of  gas  and  electric  light  commissioners.     St.  1889,  c.  373. 

The  inspector  and  assistant  inspector  hold  office  until  the  appointment 
and  qualification  of  their  successors,  respectively,  instead  of  until  the 
appointment  of  their  successors.     St.  1889,  c.  169. 

Further  provision  is  made  as  to  regulating  the  price  of  gas.  All  acci- 
dents are  to  be  reported  and  investigated  and  an  abstract  included  in  the 
annual  report.     St.  1888,  c.  350. 

The  place  where  the  books  of  gas  companies  shall  be  kept  and  their 
form  is  regulated.  They  may  be  compelled  to  furnish  gas.  St.  1886,  c. 
346,  §§  1,  2,  5. 

Sects.  11,  12.  The  meter  must  be  easily  read  and  not  confuse  or 
deceive  the  consumer,  and  no  rent  for  it  can  be  charged  where  the  con- 
sumer uses  gas  to  the  value  of  seven  dollars  in  any  one  vear.  St.  1886, 
c.  346,  §  6. 

Sects.  13,  14.  Gas  for  purposes  other  than  lighting  need  not  be  in- 
spected under  these  sections.     8t.  1885,  c.  240. 

Sect.  14.  An  inspection  is  to  be  made  for  every  six  million  feet  of  gas 
instead  of  every  four  million.     St.  1886,  c.  250. 

The  gas  commissioners  may  license  gas  companies  to  make  and  sell 
water  gas  containing  any  percentage  of  carbonic  oxide  that  said  board 
may  determine.  The  company  must  furnish  their  customers  a  copy  of 
the  license  containing  a  statement  of  the  percentage  of  carbonic  oxide. 
They  may  not  charge  more  than  other  companies  in  that  locality  charge 
when  the  manufacture  and  sale  is  so  licensed.     St.  1888,  c.  428. 

CHAPTER   65. 
OF  WEIGHTS   AND  MEASURES. 

Sect.  8.  Sealers  of  weights  and  measures  are  to  be  appointed  in  cities 
by  the  mayor  and  aldermen,  and  not  b}'  the  city  council.     St.  1882,  c.  42. 

Sect.  21.  Unlawful  weights  and  measures  may  be  seized.  Possession 
is  made  prima  facie  evidence  of  unlawful  intent,  and  the  person  having 
them  is  punished.     St.  1883,  c.  225. 


Table  of  Changes.  1377 

CHAPTER   67. 
OF  AUCTIONEERS. 

Sect.  1.  Aiictibneers  must  have  resided  in  the  city  or  town  for  six 
montlis  before  their  appointment.     St.  1886,  c.  289. 

Sect.  5.  Tlie  clause  forbidding  an  auctioneer  to  sell  his  own  goods  be- 
fore sunrise  or  after  sunset  is  struck  out.     St.  1886,  c.  289. 

CHAPTER   67a. 
OF  THE   REGULATION   OF    PHARMACY. 

A  board  of  registration  in  pharmacy  is  established.  Every  person  en- 
gaged in  the  business  of  retailing  or  dispensing  drugs,  medicines,  chemi- 
cals or  poisons,  or  compounding  them  for  sale,  must  be  registered.  The 
business  is  regulated.     St.  1885,  c.  313. 

The  clause  allowing  retail  dealers  in  drugs  and  medicines  who  were  in 
business  at  the  passage  of  the  law  to  register  is  repealed.     St.  1887,  c.  267. 

CHAPTER   G7b. 

OF  THE  REGULATION  OF  THE  PRACTICE  OF  DENTISTRY. 

A  board  of  registration  in  dentistry  is  established,  and  the  practice  of 
dentistry  is  regulated.     St.  1887,  c.  137. 

CHAPTER   68. 
OF  HAWKERS   AND   PEDDLERS. 

Any  person  who  employs  a  child  under  fifteen  in  peddling  without  a 
license  or  in  begging,  or  permits  him  to  peddle  or  beg,  is  punished.  St. 
1887,  c.  422. 

Sect.  2.  Cities  and  towns  may  regulate  the  sale  of  any  articles  per- 
mitted to  be  sold  by  section  1  by  any  hawker  or  peddler,  and  their  authority 
is  not,  as  now,  limited  to  the  regulation  of  sales  by  minors.  They  may 
impose  penalties,  but  no  new  fees  can  be  imposed.     St.  1883,  c.  168. 

Sect.  9.  The  secretary  of  the  Commonwealth  may  grant  licenses 
without  any  fee  to  persons  recommended  bj'  the  towns  or  cities,  as  stated 
in  section  4,  who  are  over  seventy  years  of  age.     St.  1883,  c.  118. 

The  special  license  without  the  payment  of  any  fee  may  be  granted  to 
any  honorably  discharged  soldier  resident  here  instead  of  to  a  disabled 
soldier  belonging  to  this  Commonwealth.     St.  1889,  c.  457. 

CHAPTER   69. 

OF   SHIPPING  AND   SEAMEN,   HARBORS   AND   HARBOR-MASTERS. 

The  owners  or  managers  of  foreign  vessels  running  or  advertised  to 
run  to  any  port  in  this  State  must  file  with  the  commissioner  of  corpora- 
tions a  copy  of  the  register  and  a  list  of  the  names  of  the  owners,  and 
appoint  the  commissioner  agent  to  receive  service  of  legal  process.  St. 
1889,  c.  393. 


1378  Public  Statutes. 

Sects.  1-13.  Transportation  for  destitute  seamen  ma}^  be  furnished  at 
the  expense  of  the  State.     St.  1886,  c.  179. 

Sect.  8.  The  clause  as  to  advance  wages  is  stricken  out.  St.  1889, 
c.  284. 

Sect.  23.  The  throwing  into  or  depositing  in  harbors  of  any  injurious 
materials  is  forbidden.  The  harbor  commissioners  may  forbid  injurious 
changes  on  the  shores.     St.  1884,  c.  269. 

Sect.  25.  Assistant  harbor-masters  may  be  appointed  as  well  as  harbor- 
masters, and  shall  be  subject  to  their  control.     St.  1882,  c.  216. 

Sects.  2G,  29,  33.  A  liarbor-master  may  require  vessels  to  change  their 
place  of  anchorage.  Masters  of  tug-boats  and  pilots  must  cause  vessels 
in  their  charge  to  anchor  under  his  direction.  He  may  recover  the  expense 
of  moving  them,  if  not  anchored  as  he  requires.     St.  1884,  c.  173. 

Sect.  33.  The  penalty  is  made  to  cover  any  violation  of  sections  23 
to  32.     St.  1884,  c.  173. 

CHAPTER   70. 

OF  PILOTS   AND  PILOTAGE. 

Pilots  may  be  appointed,  in  addition  to  those  now  allowed  by  law,  except 
for  the  port  of  Boston.  Where  the  recommendation  of  a  society  is  now 
required,  they  shall  not  be  appointed  without  a  certificate  from  the  society, 
unless  it  neglects  for  three  months  to  pass  upon  their  qualifications.  St. 
1882,  c.  174. 

A  pilot  may  be  appointed  for  the  harbor  of  Cohasset.  The  rates  are 
the  same  as  for  the  harbor  of  Boston.     St.  1887,  c.  298. 

Sect.  15.  The  fees  for  the  pilotage  of  vessels  in  and  out  of  Wood's 
Holl  harbor  are  established.     St.  1889,  c.  275. 

If  a  vessel  entering  Boston  harbor  passes  a  line  fixed,  she  is  not  liable 
to  pilotage.     St.  1884,  c.  252,  §  1. 

Exempt  vessels  may  require  a  pilot  and  then  shall  pay  him.  St.  1884, 
c.  252,  §  5. 

The  rates  of  pilotage  for  the  ports  of  Salem  and  Beverly  shall  be  the 
same  as  for  the  port  of  Boston.     St.  1887,  c.  204. 

Sect.  27.  Whaling  vessels  outward-bound  from  New  Bedford  are 
exempt  from  the  pilotage  law.     St.  1884,  c.  213. 

Sect.  30.  The  limit  of  half  fees  in  Boston  harbor  is  increased  from  two 
hundred  to  three  hundred  and  fifty  tons,  and  such  vessels  are  not  held  for 
fees  out  unless  they  take  a  pilot.     St.  1884,  c.  252,  §§  2,  3. 

Sect.  32.  In  the  list  of  vessels  exempt  from  compulsory  pilotage  are 
omitted  "  all  single-decked  coasting  vessels  of  not  more  than  three  hundred 
and  fifty  tons."     St.  1884,  c.  252,  §  4. 

Sect.  39.  Persons  other  than  pilots  may  not  assume  or  continue  to  act 
as  such  when  pilots  can  be  got.     St.  1884,  c.  252,  §  6. 

CHAPTER    72. 

OF  PUBLIC  WAREHOUSES. 

Provision  is  made  for  the  sale  of  goods  held  by  public  warehousemen 
for  overdue  charges,  and  the  disposition  of  the  proceeds  is  determined. 
St.  1887,  c.  277. 


Table  of  Changes.  1379 

Sect.  2.  The  amount  of  the  bond  and  its  sureties  are  to  be  approved 
by  the  governor.     St.  1885,  c.  167. 

Sect.  5.  Any  person  requesting  it  may  have  a  non-negotiable  receipt 
which  can  only  be  assigned  on  the  books  of  the  warehouseman.  St.  1886, 
c.  258. 

CHAPTP:R    74. 

OF  THE  employmp:nt  of  labor. 

A  State  board  of  arbitration  for  the  settlement  of  disputes  and  differences 
between  employers  and  tlieir  employees  is  created.  Sts.  188G,  c.  263  : 
1887,  c.  269. 

The  provision  in  St.  1887,  c.  269,  §  l,that  the  board  shall  choose  one  of 
its  members  as  secretary  is  stricken  out,  and  the  limit  of  the  salarj'  of  the 
clerk  is  raised  from  $900  to  $1,200.     St.  1888,  c.  261. 

The  words  used  in  the  statutes  relating  to  labor  are  defined.  St.  1887, 
c.  103,  §  5. 

Fines  for  imperfect  weaving  are  regulated.     St.  1887,  c.  361. 

The  pj'oper  ventilation  of  factories  and  workshops  is  required.  St. 
1887,  c."  173. 

The  sanitary  provisions  in  factories  and  workshoi>s  are  regulated.  Sts. 
1887,  c.  103;  ^888,  C..305. 

It  is  required  that  uniform  and  proper  meal  times  shall  be  allowed  to 
children,  young  persons  and  women  employed  in  certain  factories  and 
workshops.     St.  1887,  cc.  215,  330. 

Employers  must  furnish  seats  for  females  employed.     St.  1882,  c.   150. 

Manufacturers  may  sound  bells,  gongs  and  whistles  as  signals  to  their 
workmen,  of  such  size  and  at  such  hours  as  the  town  or  city  authorities 
may  in  writing  permit.     St.  1883,  c.  84. 

Corporations  must  pay  weekly  all  wages  earned  up  to  six  days  before 
such  payment.     St.  1886,  c.  87. 

The  weekly  payment  law  is  modified  in  its  application  to  municipal  cor- 
porations, counties,  co-operative  associations  or  corporations  and  railroads. 
Complaints  may  be  made  by  the  chief  of  the  district  police  or  any  State 
inspector  of  factories,  and  the  defences  to  such  complaint  are  limited. 
Assignments  to  the  corporation  or  an}'  person  for  it  or  made  to  relieve  it 
from  the  obligation  to  pay  wages  weekl}'  are  void.     St.  1887,  c.  399. 

All  manufacturers  must  give  the  chief  of  the  district  police  written 
notice  of  an}'  accident  by  which  an  employee  loses  his  life  or  is  kept  from 
work  for  over  four  days.  The  chief  of  the  district  police  keeps  a  record  of 
such  accidents  and  includes  an  abstract  in  his  annual  report.  St.  1886, 
c.  260. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

The  employment  of  children  who  cannot  read  and  write  the  English 
language  is  regulated.  Sts.  1887,  c.  433,  §§  2,  3,  4 ;  1888,  c.  348; 
1889,  c^.  135. 

The  liability  of  employers  to  make  compensation  for  personal  injuries 
suffered  by  employees  in  their  service  is  extended  and  regulated.  St.  1887, 
c.  270. 


1380  Public  Statutes. 

The  notice  UDcler  the  employer's  liahilltv  act  must  be  in  writing  and 
signed.     St.  1888,  c.  155. 

Sect.  4.  The  ten-hour  law  is  made  to  apply  to  manufacturing  and 
mercantile  establishments.     St.  1883,  c.  157. 

This  section  as  amended  in  1883  shall  not  apply  to  mercantile  establish- 
ments.    St.  1884,  c.  275,  §  4. 

The  employment  of  minors  under  eighteen  years  of  age,  for  more  than 
sixt}'  hours  a  week,  in  mercantile  establishments,  is  forbidden.  A  certifi- 
cate of  age,  sworn  to  by  the  minor  and  his  parent  or  guardian,  is  made 
prima  facie  evidence.  Printed  notices  must  be  posted  giving  the  hours  of 
labor.     St.  1884,  c.  275,  §§  1,  2,  3. 

This  section  is  amended  and  revised.     St.  1887,  c.  280. 

The  notice  shall  state  the  time  of  commencing  and  stopping  work  and 
the  time  allowed  for  starting  and  stopping  machinerv  and  for  dinner.  The 
form  is  furnished  by  the  chief  of  the  district  police  and  approved  by  the 
attorney-general.     St.  1886,  c.  90. 

CHAPTER    75. 
OF   LIMITED  PARTNERSHIPS. 

Sect.  3.  The  name  of  a  former  firm  may  be  used  with  the  consent  of 
its  members.     St.  1887,  c.  248,  §  1. 

Skct.  7.  In  case  of  a  renewal  the  special  capital  must  equal  that  origi- 
nally put  in  and  the  certificate  must  so  state.     St.  1887,  c.  248,  §  3. 

Sect.  8.  A  s[)ecial  partner  may  draw  interest  at  any  rate  agreed  on, 
not  exceeding  six  per  cent.,  out  of  the  profits.     St.  1887,  c.  248,  §  2. 

Sect.  12.  The  clause  making  the  special  partner  liable  in  cases  not 
provided  for  in  this  chapter  is  repealed.     St.  1887,  c.  248,  §  4. 

CHAPTER  77. 

OF     MONEY,    BILLS     OF     EXCHANGE,     PROMISSORY     NOTES     AND 

CHECKS. 

Checks  or  demand  drafts  may  be  paid  within  ten  days  after  their  date, 
although  the  drawer  in  the  meantime  dies.     St.  1885,  c.  210,  §  1. 

Sect.  1.  The  par  of  exchange  established  by  the  United  States  Rev. 
St.,  §  3565,  is  adopted.     St.  1882,  c.  110. 

Sect.  8.  All  loans  for  less  than  one  thousand  dollars  shall  be  dis- 
chargeable by  i)ayment  or  tender  of  the  sum  actually  loaned  with  eighteen 
per  cent,  interest  and  not  exceeding  ten  dollars  for  expenses.  St.  1888, 
c.  388. 

The  day  following  Christmas  is  made  a  holiday  when  Christmas  falls  on 
Sunday.  '  St.  1882,  c.  49.  And  the  first  Monday  of  September,  which  is 
to  be  known  as  labor's  holiday.     St.  1887,  c.  263. 

Sects.  8  et  seq.  A  written  promise  to  pay  money  is  a  promissory'  note 
and  negotiable  though  the  time  of  payment  is  uncertain,  if  it  is  payable  at 
all  events  a,nd  at  some  time  which  must  certainly  come.     St.  1888,  c.  329. 


Table  oe  Changes.  1381 


CHAPTER  77a. 
OF   THE   ENCOURAGEMENT   OF   AGRICULTURE. 

A  bounty  of  one  dollar  a  ton  is  given  for  sugar  made  from  beets  or 
sorghum,  under  the  regulation  stated.     St.  1883,  c.  189. 

The  obtaining  by  false  pretences  of  certificates  of  registration  of  cattle, 
or  transfers  of  such  registration,  and  the  giving  of  false  pedigrees  of 
cattle  and  other  animals,  is  punished.     St.  1887,  c.  143. 

CHAPTER  78. 

OF  THE  PREVENTION  OF  FRAUDS  AND  PERJURIES. 

An  agreement  to  make  wills,  devises  or  legacies  is  not  binding  unless 
in  writing.     St.  1888,  c.  372. 

CHAPTER  79. 
OF  THE  STATE  BOARD  OF  HEALTH,  LUNACY  AND  CHARITY. 

The  duties  of  the  State  board  of  health,  lunacy  and  charity  are  divided 
between  a  State  board  of  health  and  a  State  board  of  lunacy  and  charity. 
St.  188C,  c.  101. 

The  salary  of  the  secretary  of  the  State  board  of  health  is  increased 
from  $2,500  to  $3,000.     St.  1889,  c.  370. 

The  governor  may  detail  an  officer  of  the  district  police  to  assist  them 
in  cases  of  deserted  and  unprotected  children  and  of  bastardy.  St.  1885, 
c.  158. 

Sect.  9.  The  classes  of  inmates  who  may  be  removed  are  specified. 
St.   1887,  c.  367. 

CHAPTER   80. 

OF  THE  PRESERVATION  OF  THE  PUBLIC  HEALTH. 

Sect.  3.  Vacancies  in  boards  of  health  in  towns,  where  no  provision  is 
made  by  special  statute,  shall  be  filled  by  the  selectmen  and  board  of 
health  acting  jointly.     St.  1885,  c.  307. 

Sect.  12.  Any  town  may  authorize  its  board  of  health  to  make  and 
enforce  regulations  with  reference  to  house  drainage  and  its  connection 
with  public  sewers.  Whoever  violates  such  regulations  forfeits  one  hundred 
dollars.     St.  1889,  c.  108. 

Sect.  28.  Boards  of  health  cannot  abate  such  nuisances  without  a 
previous  appropriation  by  the  city  or  town,  if  the  expense  will  exceed  two 
thousand  dollars.     St.  1887,  c.  338,  §  1. 

Sects.  28,  30.  Any  person  entitled  to  notice  may  appeal  to  the  superior 
court,  and  pending  the  appeal  all  proceedings  by  the  board  are  stayed. 
St.  1887,  c.  338,  §  2. 

Sect.  32.  Persons  aggrieved  by  such  assessments  are  given  a  right  to 
a  trial  by  jury.     St.  1887,  c.  338,  §  3. 

Sect.  60.  Persons  boarding  an  illegitimate  child  under  one  year  old  must 
give  notice  to  the  overseers  of  the  poor.    The  parent  or  parents  must,  when 


1382  Public  Statutes. 

required,  give  satisfactory  security  for  the  maintenance  of  such  child,  and 
make  true  answers  to  all  questions  as  to  its  residence,  parentage  and  place 
of  settlement.     St.   1882,  c.  270,  §  3. 

Boarding  houses  for  infants  under  five  years  of  age  must  be  licensed, 
visited  and  inspected.     St.  1889,  c.  416. 

Sect.  79.  The  local  board  of  health  must,  within  twenty-four  hours, 
notify  the  State  board  of  cases  of  small-pox,  or  it  forfeits  the  claim  of  the 
town  to  reimbursement.     St.  1883,  c.  138. 

Sects.  78,  79.  Householders  and  physicians  must  also  report  cases  of 
diphtheria  and  scarlet-fever,  and  records  of  such  reports  shall  he  kept  on 
blanks  furnished  by  the  State.  Rooms  and  articles  are  to  be  disinfected 
to  the  approval  of  the  board  of  health..    St.  1884,  c.  98. 

Skct.  88.  The  appellant  from  an  order  as  to  offensive  trades  must 
apply  for  a  jury  to  the  court  in  the  county  where  the  premises  are  ;  not, 
as  now,  where  the  order  is  made.     St.  1883,  c.  133. 

The  appeal  shall  be  to  the  superior  court  to  be  tried  by  a  jury  at  its  bar. 
If  a  person  fails  to  appeal  within  the  time  allowed  he  can  have  leave  to 
enter  his  appeal  within  thirty  days,  provided  he  has  in  the  mean  time  con- 
formed to  the  order.     St.  1889,  c.  193,  §  1. 

Sect.  89.  Pending  the  appeal,  the  board  may  authorize  the  continu- 
ance of  such  trade,  and  then  proceedings  by  the  board  are  suspended.  St. 
1889,  c.  193,  §  1. 

Sect.  90.  The  verdict  may  be  enforced  by  injunction  or  other  order  in 
equity.     St.  1889,  c.  193,  §  2. 

Sect.  91.  If  the  appellant  has  been  authorized  to  continue  his  trade, 
he  shall  not  recover  damages.     St.  1889,  c.  193,  §  1. 

Sect.  96.  Bathing  in  ponds  used  for  the  domestic  water  supply  of 
cities  or  towns  is  forbidden.     St.  1884,  c.  172. 

The  supreme  judicial  or  superior  court  may,  upon  the  application  of  a 
city  or  town,  enjoin  violations  of  this  section.     St.  1884,  c.  154,  §  1. 

Sects.  98-100,  giving  the  State  board  supervision  of  sources  of 
water  supply,  and  power  to  make  orders  concerning  them,  are  repealed. 
St.  1884,  c.  154,  §  2. 

Sects.  96  et  seq.  The  State  board  of  health  is  given  oversight  of  all 
inland  waters.  It  shall  make  examinations,  experiments  and  recommend 
measures  to  prevent  pollution,  and  advise  towns  and  cities  as  to  water 
supplies,  drainage  and  sewerage.  Towns  and  cities  must  consult  the 
board.  Petitions  to  the  legislature  must  be  accompanied  by  its  recom- 
mendation. It  must  enforce  the  law,  and  report  cases  requiring  further 
legislation.     St.  1888,  c.  375. 

Sects.  96-1'05.  A  town  or  city  may  contract  with  any  other  town  or 
city  to  contribute  for  sewers  to  protect  its  water  supply.     St.  1888,  c.  160. 

The  State  board  of  health  may,  on  complaint  after  hearing,  forbid  the 
sale  of  impure  ice.     St.  1886,  c.  287. 


Table  or  Changes.  1383 

CHAPTER   82. 
OF   CEMETERIES   AND  BURIALS. 

Corporations  for  the  cremation  of  the  dead  are  authorized  and  cremation 
is  regulated.     St.  1885,  c.  265. 

Skct.  3.  The  present  section  is  repealed,  and  a  new  section  is  enacted 
which  more  fully  defines  the  rights  of  the  widow  and  children  to  the  pos- 
session, care  and  control  of  the  bui'ial  lot.     St.  1885,  c.  302. 

Sect.  6.  Conveyances  of  burial  lots  recorded  by  the  corporation  own- 
ing the  cemetery  require  no  other  record.     St.  1883,  c.  142. 

Cemetery  corporations  must  keep  records  of  all  conveyances  of  burial 
lots  and  contracts  in  relation  thereto.  Such  records  have  the  same  effect 
as  if  made  in  the  registry  of  deeds.     St.  1889,  c.  299. 

Sect.  17.  Towns  and  cities  may  receive  funds  for  the  care  and  improve- 
ment of  public  or  private  burial  places,  and  of  lots  therein.  St.  1881, 
c.  186. 

Sect.  19.  Boards  of  health  may  close  any  tomb,  burial  ground,  ceme- 
tery or  other  place  of  burial.     St.  1885,  c.  278,  §  1. 

Sect.  24.  On  appeal  from  such  order  closing  a  burial  place,  the  jur}' 
must  find,  in  addition  to  the  finding  now  required,  that  the  closing  thereof 
was  not  necessary  for  the  protection  of  the  public  health.  St.  1885, 
c.  278,  §  2. 

Sects.  25-28.  These  sections,  providing  for  the  closing  of  tombs  in 
cities  by  the  city  council,  are  repealed.     St.  1885,  c.  278,  §  3. 

CHAPTER   84. 
OF  THE   SUPPORT  OF  PAUPERS   BY   CITIES   AND   TOWNS. 

Sect.  2.  No  insane  person,  where  the  insanity  has  continued  less  than 
six  months,  can  be  detained  in  an  almshouse  or  elsewhere  by  the  overseers 
of  the  poor  without  remedial  treatment.     St.  1886,  c.  319,  §  3. 

Sect. '3.  If  the  overseers  of  the  poor  in  any  city,  except  Boston,  fail  to 
place  any  pauper  child  in  a  family  for  two  months,  the  State  board  of  lunacy 
and  charity  may  do  it.     St.  1887,  c.  401. 

Sect.  6.  Not  only  the  kindred  of  the  pauper  but  the  pauper  himself  is 
liable  for  expenses  incurred  for  him.     St.  1882,  c.  113. 

Sect.  17.  The  overseers  also  bury  unclaimed  or  unidentified  bodies 
upon  which  inquests  have  been  held.     St.  1887,  c.  310,  §  3. 

Sect.  21.  Destitute  and  deserted  children  may  be  placed  in  St.  Mary's 
infant  asylum,  as  well  as  in  the  Massachusetts  infant  asylum.  St.  1883, 
c.  232. 

CHAPTER   85. 

OF  THE  MAINTENANCE   OF   BASTARD   CHILDREN. 

Sect.  1.  The  complaint  may  be  made  to  and  the  warrant  be  issued  by 
the  clerk  of  the  courts  named,  as  well  as  by  the  courts  themselves.  St. 
1885,  c.  289. 


1384  Public  Statutes. 

CHAPTER   86. 
OF  ALIEN  PASSENGERS   AND   STATE   PAUPERS. 

Sect.  13.  The  present  board  is  abolished  and  a  new  one  for  both  the 
ahnshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  c.  278. 

Sect.  22.  The  removal  of  a  sick  pauper  to  the  State  almshouse  is  for- 
bidden until  the  certificate  of  a  physician  is  procured  that  he  can  be 
removed  without  injury  or  danger  to  his  health.     St.  1887,  c.  4i0. 

Sect.  25.  The  notice  in  case  of  persons  too  sick  to  be  removed  must  be 
signed  by  the  overseers  of  the  poor,  or  some  person  appointed  by  them, 
and  thev  must  certify  to  the  facts  after  personal  examination.  St.  1885, 
c.  211.  " 

Sect.  26.  The  bills  must  be  endorsed  with  a  distinct  declaration  that 
the  amount  charged  for  has  been  paid  from  the  town  or  city  treasury. 
St.  1885,  c.  211. 

Sect.  28  is  repealed,  and  provision  is  made  that  idiots  may  be  sent  to  the 
school  for  the  feeble-minded.  The  trustees  there  may  receive  them  or  send 
them  home,  or  to  the  State  almshouse,  or  to  the  place  of  their  settlement. 
St.  1883,  c.  239,  §§  5-7. 

Sect.  31.  The  expense  is  to  be  paid  only  when  written  notice  has  been 
given  to  the  State  board  within  sixtv  days  from  the  time  when  the  aid  was 
first  given.     St.  1885,  c.  211. 

Sect.  37.  Persons  not  sentenced  inmates,  who  abscond  or  escape  and 
within  one  year  are  found  soliciting  public  charity,  are  punished.  Provi- 
sion is  made  for  complaints  against  them  and  as  to  what  courts  shall  have 
jurisdiction.     St.  1884,  c.  258. 

Sect.  39.  The  State  board  of  lunacy  and  charity  may  transfer  any 
pauper  lunatic  to  insane  asylum  at  the  State  almshouse.     St.  1888,  c.  69. 

Sect.  44.  St.  Mary's  infant  asylum  must  also  notify  the  State  board 
of  the  reception  of  infants  having  no  known  settlement.  St.  1883, 
c.  232,  §  2. 

Sect.  46.  Children  who  are  State  paupers  may  be  placed  by  the  State 
board  in  private  families  until  three  vears  old  instead  of  two.  St.  1882, 
c.  181,  §  1. 

Section  46,  as  amended,  applies  to  St.  Mary's  infant  asylum,  but  indi- 
gent and  neglected  infants  without  settlement  are  to  be  committed  to  the 
State  board  of  health,  which  board  shall  provide  for  them  as  thev  jndge 
best  for  each  child.     St.  1883,  c.  232,  §  3. 

The  hospital  cottages  at  Baldwinsville  are  aided.  Two  trustees  are  to 
be  appointed  by  the  State.  An  annual  report  is  to  be  made  to  the  State 
board  of  lunacy  and  charity.  That  board  may  place  there  ten  children. 
St.  1887,  c.  441. 

A  grant  is  made  to  the  hospital  cottages  for  children  for  the  purchase 
of  land  and  erection  of  buildings.  The  board  may  place  there  such  num- 
ber of  children  as  may  be  approved  by  the  trustees  and  superintendent. 
St.  1889,  c.  230. 


TablS  of  Changes.  1385 

CHAPTER  87. 
OF   LUXACY   AND  INSTITUTIONS   FOR  LUNATICS. 

Persons  subject  to  dipsomania  or  habitual  drunkenness,  but  not  other- 
wise of  bad  character  or  repute,  may  be  committed  to  the  State  lunatic 
hospitals  until  recovery,  or  until  their  confinement  is  no  longer  necessary 
for  the  safety  of  the  public  or  their  own  welfare.     St.  1885,  c.  339. 

A  hospital  for  dipsomaniacs  and  inebriates  is  established.  St.  1889, 
c.  414. 

Sect.  2.  A  new  hospital  is  established  at  Westborough  under  homoe- 
opathic treatment.     St.  1884,  c.  322. 

Sect.  4.  The  number  of  the  trustees  of  the  State  lunatic  hospitals  is 
increased  from  five  to  seven,  and  five  shall  be  men  and  two  women. 
St.  1884,  c.  149. 

Sect.  7.  An  educated  female  physician  is  to  be  appointed  for  each 
State  lunatic  hospital.     St.  1884,  c.  116. 

Sect.  9.  The  annual  meeting  of  the  trustees  and  the  report  to  the  gov- 
ernor and  council  are  to  be  made  after  the  first  day  of  October  and  before 
the  first  day  of  November,  instead  of  before  the  fifteenth  day  of  October. 
St.  1887,  c.  170. 

Sects.  11  et  seq.  Commitments  to  the  hospitals  for  the  insane  are  here- 
after to  be  from  districts  defined  for  each  hospital,  subject  to  modification 
b}^  the  State  board  of  lunacy  and  charity.     St.  1887,  c.  34G. 

Sects.  11,  12.  Further  provisions  are  made  for  the  commitment  of 
insane,  as  to  the  form  of  the  order  of  commitment  and  the  custody  of  in- 
sane persons  who  are  discharged  uncured.     St.  1886,  c.  319. 

Sects.  24-46.  Provision  is  made  for  asylums  for  the  chronic  insane  in 
cities  of  over  50,000  inhabitants.  They  are  subject  to  the  control  of  the 
State  board,  who  may  send  patients  there  from  State  asylums  or  remove 
them.     St.  1884,  c.  234. 

Sect.  34.  The  support  of  insane  persons  sentenced  to  the  State  prison, 
or  accused  of  felony  and  committed  by  order  of  court,  is  paid  by  the  State. 
Sts.  1883,  c.  148  ;  1889,  c.  90. 

Sect.  37.  The  punishment  of  persons  leaving  the  almshouse  and  beg- 
ging is  increased.     St.  1884,  c.  258,  §  1. 

Sects.  38-45.  Insane  persons  of  the  chronic  and  quiet  class  may  be 
placed  at  board  in  families.  Those  who  are  boarded  at  State  expense 
must  be  visited  at  least  once  in  three  months,  and  those  boarded  at  the 
expense  of  towns  and  cities  at  least  once  in  six  months.  They  may  be 
removed  to  the  hospitals  if  not  properly  treated  and  cared  for.  St.  1885, 
c.  385. 

Sect.  40.  The  trustees  of  the  State  hospitals  and  of  the  Massachu- 
setts general  hospital  may  confer  on  their  superintendents  power  to  dis- 
charge patients  after  notice  to  the  person  who  signed  the  petition  for 
commitment.  The  superintendents  may  allow  any  inmate  to  be  taken 
away  by  his  friends  for  a  period  of  not  over  sixty  days.     St.  1883,  c.  78. 

Sects.  46  et  seq.  No  person  whose  insanity  has  continued  for  less  than 
twelve  months   can  be  detained  in  an   almshouse  or  other  place  by  the 


1386  Public  Statutes. 

overseers  of  the  poor  without  remedial  treatment,  but  must  have  the 
opportunity  of  treatment  at  a  hospital  or  as^'lura.     St.  1886,  c.  319,  §  3. 

Si'XTS.  47-49.  These  sections  are  repealed  and  the  county  receptacle 
for  the  insane  at  Ipswich  is  discontinued.     St.  1887,  c.  207. 

Sects.  5.5  et  seq.  The  name  of  the  Massachusetts  school  for  idiotic  and 
feeble-minded  youth  is  changed  to  the  Massachusetts  school  for  the  feeble- 
minded.    St.  1883,  c.  239,  §  1. 

The  mode  of  committing  to  the  school  is  regulated.  (See  c.  86,  §  28.) 
The  powers  of  the  trustees  are  increased  and  provision  is  made  for  the 
payments  for  the  support  of  patients  and  for  the  recovery  of  the  expense 
of  such  support  in  case  of  paupers.  Scholars  may  be  received  from  other 
States  or  provinces.  The  trustees  may  discharge  patients,  or  send  them 
home  or  to  the  place  of  their  settlement,  or  to  the  State  almshouse,  or  allow 
them  to  te  absent  on  visits  of  not  over  three  months.     St.  1883,  c.  239. 

The  Massachusetts  school  for  the  feeble-minded  is  regulated  and  the 
laws  relating  to  it  are  revised.     St.  1886,  c.  298. 

The  amount  allowed  to  the  school  for  the  feeble-minded  is  increased 
to  $25,000.     St.  1887,  c.  123. 

CHAPTER  88. 
OF  THE   STATE   WORKHOUSE. 

The  name  of  the  State  workhouse  at  Bridgewater  is  changed  to  the  State 
farm  at  Bridgewater.     St.  1887,  c.  264. 

Sect.  1.  The  present  board  is  abolished  and  a  new  board  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 

Sect.  6.  The  commissioners  of  prisons  may  remove  prisoners  from  the 
Massachusetts  reformatory  to  the  State  farm  for  the  remainder  of  their 
sentences,  and  the  board  of  lunacy  and  charity  have  the  same  authority 
over  such  prisoners  which  the  commissioners  would  have  had.  St.  1887, 
c.  292. 

Sect.  8.  Persons  not  sentenced  who  escape  and  are  within  one  year 
found  soliciting  charity  are  punished.  Special  provision  is  made  for  their 
prosecution.     St.  1884,  c.  258. 

Sect.  45.  Boys  also  may  be  discharged  for  mental  incapacity  or  bodily 
infirmity.     St.  1889,  c.  123. 

CHAPTER  89. 

OF  THE  STATE  PRIMARY  AND  REFORM  SCHOOLS  AND  THE  VISITA- 
TION AND  REFORMATION  OF  JUVENILE  OFFENDERS. 

Sect.  2.  Provision  is  made  for  the  care  and  maintenance  of  pauper 
children  between  the  ages  of  three  and  sixteen  at  the  State  primary 
school,  when  they  have  no  settlement.     St.  18S2,  c.  181,  §  2. 

Sects.  8  et  seq.  The  State  reform  school  is  hereafter  to  be  known  as 
the  Lyman  school  for  boys.     St.  1884,  c.  323,  §§  1,  2. 

The  trustees  are  authorized  to  purcl)ase  more  land  and  erect  buildings. 
St.  1885,  c.   151. 


Table  of  Changes.  1387 

Sect.  15.  Girls  committed  by  the  United  States  courts  are  to  be  con- 
fined in  the  State  industrial  school  for  girls.     St.  1887,  c.  426. 

Sect.  18.  Before  a  warrant  can  issue  for  the  arrest  of  any  child  under 
twelve  a  summons  to  him  must  issue.  If  he  fails  to  appear,  then  a  war- 
rant.    St.  1882,  c.  127. 

Sects.  18,  28,  24.  No  boy  shall  be  committed  to  the  Lyman  school  for 
bovs  if  over  fifteen.  If  error  is  made  in  his  age,  the  sentence  may  be  re- 
vised.    St.  1884,  c.  323,  §  3. 

Sect.  20.  The  last  clauses  of  this  section,  providing  for  notice  to  the 
board  of  lunacy  and  charity,  are  so  changed  that  notice  is  given  only  when 
the  judge  would  send  the  child  to  a  public  institution  or  to  the  custody  of 
that  board,  and  notice  to  the  mayor  or  selectmen  is  no  longer  required. 
St.  1883,  c.   110. 

Sect.  21.  A  child  under  twelve  years  of  age  must  be  committed,  in 
default  of  bail,  to  the  custody  of  the  State  board  of  lunacy  and  charity, 
except  in  cases  of  offences  punishable  by  imprisonment  for  life  or  of 
truancy.     St.  1882,  c.  127. 

Sect.  23.  No  boy  over  fifteen  years  of  age  can  be  sent  to  the  reform 
school  at  Westborough.     St.  1884,  c.  255,  §  11. 

Sects.  26-29.  No  child  under  twelve  years  of  age  can  be  punished  b}' 
confinement  in  a  jail,  house  of  correction,  the  house  of  industry  in  Boston 
or  at  the  State  workhouse,  except  for  crimes  punishable  by  imprisonment 
for  life  or  for  truancy.     St.  1882,  c.  127. 

Sect.  33.  No  witness  fees  or  other  charge  payable  to  a  city  or  town 
are  to  be  taxed  for  any  officer  who  has  a  fixed  compensation,  except  his 
expenses  to  a  place  other  than  his  residence  or  for  the  use  of  a  team. 
St.  1889,  c.  469. 

Sect.  49,  which  requires  notice  of  committals  to  the  State  primary  school 
to  be  given  to  the  overseers  of  the  poor  of  the  place  of  tlie  child's  settle- 
ment, who  mav  remove  him  or  shall  pay  for  his  board,  is  repealed.  St. 
1888,  c.  248,  §  2. 

Sect.  51,  which  provides  that  when  a  person  having  a  settlement  is  com- 
raiitted  to  the  industrial  or  reform  school  the  overseers  of  the  poor  of  the 
place  of  settlement  shall  be  notified,  and  the  town  or  city  shall  pay  for  his 
board  with  the  right  to  recover  it  back  from  any  parent,  kindred  or  guar- 
dian liable  by  law  to  maintain  such  person,  is  repealed.  St.  1888,  c.  248, 
§  2. 

CHAPTER   90. 

OF   CONTAGIOUS  DISEASES   AMONG  CATTLE,  HORSES   AND   OTHER 
DOMESTIC    ANIMALS. 

A  new  board  of  cattle  commissioners  is  provided  for.     St.  1885,  c.  378. 

Tlris  cliapter  is  revised.     St.  1887,  c.  252. 

The  governor  is  authorized  to  accept  the  rules  prepared  by  the  commis- 
sioner of  agriculture  for  the  suppression  of  pleuro-pneuinonia  and  other 
contagious  diseases,  and  to  co-operate  in  their  enforcement.  St.  1887, 
c.  250. 

Sect.  90.  The  cattle  commissioners  are  to  investigate  the  disease 
among  cattle  known  as  abortion.     St.  1884,  c.  232. 


1388  Public  Statutes. 

CHAPTER   91. 
OF  IN^LAND  FISHERIES   AND  KELP. 

The  provision  for  leasing  great  ponds  is  repealed.     St.  1885,  c.  109. 

The  commissioners  are  authorized  to  lease  Tisbury  Great  pond.  St. 
1889,  c.  354. 

Land  may  be  flowed  for  the  purpose  offish  culture.     St.  1889,  c.  383. 

A  penalty  is  imposed  on  persons  taking  without  the  owner's  consent 
fish  or  lobsters  caught  in  nets,  etc.,  or  wilfully  interfering  with  such  nets, 
etc.     St.  1882,  c.  53. 

Fishing  with  seines  or  nets  is  regulated  in  the  waters  of  Edgartown  and 
Cottage  City.     St.  1886,  c.  234. 

Fishing  near  Brandt  island,  in  Mattapoisett  (St.  1884,  c.  214,  §  2),  and 
in  Mashpee  and  Barnstable  is  regulated.     St.  1884,  c.  264. 

The  use  of  nets  near  the  shores  of  the  town  of  Mattapoisett  is  regulated. 
St.  1887,  c.  197. 

Fisheries  in  the  waters  of  the  town  of  Westport  are  regulated.  St. 
1887,  c.  193. 

The  town  of  Randolph  ma^'  regulate  the  taking  of  alewives,  shad  and 
smelts  in  certain  streams,  and  the  commissioners  on  inland  fisheries  are 
given  authority  over  the  streams.     St.  1889,  c.  78. 

The  town  of  Bourne  may  sell  the  right  to  take  alewives  in  Herring  river 
at  auction.     St.  1889,  c.  2^02. 

The  fisheries  in  the  tributaries  of  Plum  island  bay  are  protected.  St. 
1887,  c.  105. 

Pickerel  may  not  be  taken  in  any  otiier  manner  than  by  an  artificially 
or  naturally  baited  hook  and  hand  line.     St.  1888,  c.  331. 

A  bounty  is  given  for  the  destruction  of  seals.     St.  1888,  c.  287. 

Sects.  10-24.  With  certain  exceptions  nets  may  not  be  used  in  ponds. 
St.  1884,  c.  318. 

Sect.  16.  District  attorneys,  on  the  application  of  the  mayor  or  select- 
men or  of  ten  citizens,  shall  institute  proceedings  against  lessees  who  fail 
to  comply  with  the  terms  of  their  leases.     St.  1886,  c.  248. 

Sect.  17.  The  commissioners  cannot  occup}-  ponds  which  have  been 
forfeited  by  the  lessees.     St.  1886,  c.  218. 

Sects.  32,  33.  Taking  alewives  in  the  county  of  Dukes  county  is  regu- 
lated, and  a  penalty  is  imposed,  amending  the  statute  next  below.  St. 
1884,  c.  245. 

The  lessees  of  Great  Pond  and  Job's  Neck  pond,  in  Edgartown,  are 
allowed  to  take  smelts  and  alewives  at  all  seasons,  but  no  other  person 
may  take  any  other  fish  except  eels.     St.  1882,  c.  102. 

Sect.  36  is  changed  to  allow  nets  or  seines  to  be  used  in  the  Merrimack 
river,  below  the  Essex  Merrimack  bridge,  after  June  20.     St.  1882,  c.  166. 

The  size  of  the  mesh  in  the  seine  is  limited.     St.  1884,  c.  318. 

The  commissioners  may  issue  licenses  to  take  the  protected  fish  in  the 
tidal  waters  of  the  Merrimack  river  and  its  tributaries,  but  shall  charge  no 
fee  therefor.     St.  1883,  c.  121. 

Sects.  36-39.     Shiners  for  bait  may  be  caus^ht  with  seines  in  the  Mer- 


Table  of  Changes.  1389 

rimack  river,  in  November  and  December,  except  near  fishways,  other  fish 
being  returned  to  the  water.     St.  1883,  c.  31. 

Sect.  41.  The  North  river,  in  Plymouth  county,  is  excepted  from  this 
section,  and  fishing  there  is  regulated.     St.  1884,  c.  199. 

Sects.  51-53.  ^Phe  open  time  for  trout,  land-locked  salmon  and  lake 
trout  shall  begin  on  the  first  day  of  September  instead  of  on  the  first  day 
of  October.     St.  1884,  c.  171.  ' 

Sects.  51,  53.  The  close  time  for  trout,  land-locked  salmon  and  lake 
trout  is  extended  in  Berkshire  county  to  include  August  and  April.  St. 
1888,  c.  276. 

Sect.  55.     Shad  are  protected  in  Mill  river  in  Essex.     St.  1888,  c.  V2G. 

Sect.  68.  The  taking  of  eels  and  shell-fish  may  be  prohibited  as  well 
as  regulated.     St.  1889,  c.  391. 

Sects.  68,  69.  The  planting,  cultivating  and  digging  of  clams  in 
Gloucester  is  authorized  under  the  direction  of  the  mayor  and  aldermen. 
St.  1889,  c.  64. 

Sect.  70.  The  fish  weirs  mentioned  in  this  section  are  not  affected  by 
St.  1886,  c.  192,  §  4. 

Sects.  73-75.  The  owners  of  traps  or  other  contrivances  for  catching 
lobsters  must  make  returns.  They  must  also  mark  their  names  and 
residences  thereon.     St.  1889,  c.  109. 

Sect.  79.     Fisheries  in  Buzzard's  bay  are  regulated.     St.  1886,  c.  192. 

Sects.  81,  82,  which  regulate  the  catching  of'lobsters,  are  amended  by 
reducing  the  time  from  "  June  20  to  September  20,"  to  the  month  of  July, 
and  changing  "lobster"  to  "female  lobster  bearing  eggs."  St.  1882, 
c.  98. 

Sects.  81  ef  scq.  Further  provision  is  made  for  the  protection  of  female 
lobsters."  The  commissioners  may  occupy  not  exceeding  six  small  estua- 
ries for  the  purpose  of  investigating  the  habits,  propagation  and  distribu- 
tion of  lobsters.     St.  1889,  c.l09. 

Sect.  84.  The  possession  of  a  lobster  under  legal  size  is  punished, 
the  words  "  with  intent  to  sell"  being  stricken  out.  Mutilation  affecting 
the  length  is  jyima  fade  evidence  that  the  lobster  is  under  the  legal  size. 
The  commissioners  of  inland  fisheries,  with  the  assistance  of  the  district 
police,  have  power  to  enforce  the  law.     St.  1884,  c.  212. 

The  fish  commissioners,  either  personally  or  by  deputy,  and  the  district 
police,  detailed  for  that  purpose,  may  search  suspected  places  for,  seize 
and  remove  lobsters  taken,  held  or  offered  for  sale  illegally.  St.  1885, 
c.  256. 

The  mode  of  measuring  lobsters  is  changed.     St.  1887,  c.  314. 

Sects.  81,  82,  84.  One-half  of  the  fine  is  paid  to  the  complainant  and 
one-half  to  the  county.     St.  1887,  c.  314. 

St.  1887,  c.  96,  §  1,  does  not  apply  to  scallops  taken  for  bait  in  the 
waters  adjacent  to  Nantucket.     St.  1888,  c.  238. 

The  taking  of  scallops  in  the  head  waters  of  Buzzard's  bay  is  regulated. 
St.  1888.  c.  ^223. 

The  planting  of  clams  around  the  shores  of  Winthrop  is  regulated. 
St.  1888,  c.  202. 

The  planting  of  clams  around  the  shores  of  Essex  is  regulated.  St. 
1888,  c.  198. 


1390  Public  Statutes. 

Sects.  97-101.  Oyster  licenses  may  be  granted  for  any  waters  where 
tbere  are  no  natural  03'ster  beds.     St.  188-1,  c.  284. 

The  granting  of  licenses  to  plant,  grow  and  dig  oysters  is  regulated,  and 
their  revocation  is  provided  for.     St.  1885,  c.  220,  §§  1,  2. 

Interference  with  licensed  oyster  beds  is  punished.     St.  1885,  c.  220,  §  5. 

Sect.  97.  Ovster  licenses  are  limited  to  ten  years  instead  of  twenty. 
St.  1884,  c.  284-. 

Licenses  can  be  held  only  by  inhabitants  of  the  town  and  are  only  assign- 
able with  the  consent  of  the  authorities.     St.  1886,  c.  299,  §  1. 

Sect.  100.  The  hours  are  extended  to  an  hour  after  sunset  and  before 
sunrise.     St.  1886,  c.  299,  §  2. 

Sects.  97  e^  seq.  The  forfeiture  under  section  100  is  extended  to  all 
violations  of  the  law.     St.  1886,  c.  299,  §  3. 

Oyster  fisheries  in  Westport  rivers  are  regulated.     St.  1887,  c.  119. 

Sect.   102.     The  taking  of  scallops  is  regulated.     St.  1887,  c.  96. 

Constables  may  be  designated  to  enforce  the  laws  relating  to  shell  fish- 
eries, with  authority  to  arrest  without  warrant,  and  seize  vessels  and  imple- 
ments, which  shall  be  forfeited.     St.  1885,  c.  220,  §  6. 

■      CHAPTER    92. 
OF  THE  PRESERVATION  OF  CERTAIN  BIRDS  AND  OTHER  ANIMALS. 

The  owner  of  land  may  post  notices  forbidding  shooting  and  trapping, 
and  it  shall  then  be  unlawful  to  enter  it  for  those  purpo«;es.  Game  arti- 
ficiallv  pro[)agated  on  land  where  shooting  or  trapping  is  forbidden  belongs 
to  the  land-owner.     St.  1884,  c.  308. 

Sect.  2.  The  close  time  for  woodcocks  and  ruffed  grouse,  commonly 
called  partridge,  is  clmnged.     St.  1888,  c.  292. 

The  shooting  of  black  duck  in  Plvmouth  harbor  or  bay  is  regulated. 
St.  1888,  c.  269. 

Sect.  7.  The  trapping  or  snaring  of  ruffed  grouse,  hares  or  rabbits  is 
regulated.     St.  1887,  c.  300. 

Sect.  8.  The  time  during  which  deer  may  be  taken  is  changed  from 
the  month  of  November  to  four  davs  in  each  week  in  November,  and  the 
penalty  is  modified.     St.  1882,  c.  199,  §  1. 

The  killing  of  deer,  except  tame  deer  on  the  owner's  grounds,  is  forbid- 
den in  Plymouth  and  Barnstable  counties.     St.  1883,  c.  169. 

Sect.  10  is  amended,  so  that  the  possession  of  a  deer,  except  in  Novem- 
ber, is  prima  facie  evidence  of  a  violation  of  the  law.  St.  1882,  c.  199,  §  2. 
Shooting  wild  fowl  from  boats  in  the  waters  in  and  around  Nantucket  is 
forbidden.     St.  1886,  c.  246. 

Chapter  92  is  repealed  and  a  substitute  is  passed.     St.  1886,  c.  276. 

CHAPTER   94. 

OF  TIMBER  AFLOAT  OR    CAST   ON   SHORE. 

The  Connecticut  River  Lumber  Company  is  authorized  to  construct  a 
boom  in  the  river.     St.  1882,  c.  274. 

Sect.  5,  which  forbids  the  driving  of  logs,  except  in  rafts,  in  the  Con- 


Table  of  Changes.  1391 

necticut  river,  is  limited  to  the  river  below  the  entrance  of  the  Chicopee 
river ;  but  the  Connecticut  River  Lumber  Company  must  pay  damage  to 
owners  of  ferries  and  pleasure  boats  above.     St.  1882,  c.  274. 

St.  1882,  c.  274,  §  2,  is  repealed,  and  section  5  of  this  chapter  is  amended. 
St.  1883,  c.  183. 

The  county  commissioners  of  Franklin,  Hampden  and  Hampshire,  within 
their  respective  counties,  may  regulate  the  floating  of  timber  on  the  Con- 
necticut river  above  the  Chicopee  river,  and  require  persons  doing  it  to 
protect  dams,  bridges  and  boats.     St.  1883,  c.  183,  §  2. 

CHAPTER  97. 

OF  WRECKS   AND   SHIPWRECKED   GOODS. 

Provision  is  made  for  the  removal  of  wrecks  and  unauthorized  structures 
in  the  navigable  waters  of  the  Commonwealth.     St.  1883,  c.  260. 
This  chapter  is  revised.     St.  1887,  c.  98. 

CHAPTER   98. 
OF  THE   OBSERVANCE   OF   THE   LORD'S   DAY. 

The  provisions  relating  to  the  observance  of  the  Lord's  day  shall  not  be 
a  defence  to  actions  for  torts  or  injuries  suffered  by  a  person  on  that  day. 
St.  1884,  c.  37. 

Sect.  1.  This  section  is  limited  to  the  evening  of  the  Lord's  day,  and 
no  longer  forbids  games  and  public  diversions  on  Saturday  night.  St. 
1887,  c.  391,  §  1. 

Many  descriptions  of  labor  are  excepted  from  the  prohibition  of  this 
section.     St.  1887,  c.  391,  §  2. 

Skct.  3,  which  forbids  travelling,  is  repealed.     St.  1887,  c.  391,  §  4. 

Sect.  13.  The  railroad  commissioners  may  license  other  than  through 
trains  and  also  steamboat  lines.     St.  1887,  c.  391,  §  3. 

CHAPTER    99. 
OF  GAMING. 

Provision  is  made  for  the  removal  of  certain  obstructions  in  gambling 
resorts.     St.  1887,  c.  448. 

Sect.  8  is  revised  and  extended  to  persons  present  in  any  such  place 
engaged  in  any  such  business  or  employment.     St.  1885,  c.  342. 

Sect.  10.  The  penalty  is  extended  to  those  present  at  a  gambling 
house  as  well  as  to  those  playing.     St.  1883,  c.  120. 

The  provisions  against  common  gaming  houses  are  revised  and 
extended.     St.  1887,  c.  448,  §  2. 

CHAPTER    100. 

OF  INTOXICATING  LIQUORS. 

No  case  for  the  violation  of  the  liquor  laws  shall  be  disposed  of  except 
by  trial  and  judgment  unless  the  presiding  judge  on  affidavits  orders  it. 
St.  1885,  c.  359. 


1392  Public  Statutes. 

The  mayor  or  selectmen  may  prohibit  the  sale  of  liquor  in  cases  of  riot 
or  great  public  excitement.     St.  1887,  c.  365. 

Sects.  2,  3,  5,  8,  10.  The  sale  of  intoxicating  liquor  by  retail  drug- 
gists and  apothecaries  is  regulated.     St.  1887,  c.  431. 

Sect.  5.  Licenses  of  the  first  three  classes  cannot  be  granted  for  the 
sale  of  liquors  in  any  building  or  place  within  four  hundred  feet  of  a 
public  school.     St.  1882,  c.  220. 

Applications  may  be  received,  investigated  and  acted  upon  in  March  or 
April  and  granted  in  April.     St.  1883,  c.  93. 

Licenses  may  be  transferred  from  one  place  to  another  by  leave  of  the 
licensing  board  under  restrictions.     St.  1889,  c.  344. 

The  number  of  places  which  may  be  licensed  for  the  sale  of  intoxicat- 
ing liquor  is  limited.     St.  1888,  c.  340. 

A  recount  of  the  ballots  on  the  question  of  license  may  be  had  in  cities 
under  the  provisions  of  St.  1884,  c.  299,  §§  22-2G.     St.  1885,  c.  2G2. 

In  Boston  licenses  are  to  be  signed  by  the  police  commissioners.  St. 
1885,  c.  83. 

Ballots  upon  the  question  of  granting  licenses  are  to  be  furnished 
in  towns  by  the  secretary  of  State.  Registering  bajlot-boxes  must  be 
used.  In  cities  the  question  must  be  printed  upon  the  regular  ballots 
with  the  words  "  yes"  or  "  no,"  one  to  be  erased  bv  the  voter,  St.  1888, 
c.  434. 

Self-registering  and  cancelling  ballot-boxes  must  be  used  in  taking 
the  vote  on  the  question  of  granting  liquor  licenses.  St.  1888,  c.  434, 
§  6. 

Sect.  6.  The  publication  of  the  notice  of  application  for  licenses  in 
Charlestown,  East  Boston,  South  Boston,  Roxl)ury,  West  Roxbury,  Dor- 
cliester  and  Brighton  districts,  must  be  in  one  weekly  paper  in  the  district 
as  well  as  in  the  daily  papers  in  Boston.     St.  1882,  c.  222. 

Applications  may  be  advertised  in  March  or  April.     St.  1883,  c.  93. 

Sect.  7.  The  objection  may  be  made  by  any  person  owning  real  estate 
within  twenty  feet  of  the  premises.     St.  1887,  c.  323. 

Sect.  9.  Common  victuallers  must  close  between  twelve  and  five  in  the 
morning.     St.  1882,  c.  242. 

The  sale  of  intoxicating  liquor  is  forbidden  after  eleven  o'clock  instead 
of  twelve.     St.  1885,  c.  90. 

The  fourth  condition  of  the  license  is  extended  to  forbid  sales  or  deliv- 
eries to  persons  known  to  have  been  supported,  in  whole  or  in  part,  by 
public  charity  within  twelve  months  before  the  date  of  the  license.  St. 
1884,  e.  158.' 

No  common  victualler  or  innkeeper  having  a  license  to  sell  intoxicating 
liquors  may  sell,  give  away  or  deliver  such  liquors  on  the  day  of  any 
national,  municipal  or  annual  town  election  in  his  town  or  city.  St.  1885, 
c.  216. 

Nor  on  Fast  day,  Memorial  day,  Thanksgiving  day,  Christmas  day  or 
the  twenty-sixth  day  of  December  when  Christmas  falls  on  Sunday.  St. 
1888,  c.  254. 

In  case  of  special  elections  liquors  may  be  sold  in  wards  in  which  no 
elections  are  held.     St.  1889,  c.  186. 


Table  of  Changes.  1393 

The  sale  of  liquor  on  labor  day  is  forbidden.     St.  1889,  c.  347. 

Sect.  10.  No  license  of  the  first  five  classes  shall  be  granted  to  be  ex- 
ercised in  a  dwelling-house,  or  store  having  an  interior  connection  with  a 
dwelling  or  tenement,  and  such  connection  makes  a  license  void.  St. 
1888,  c.  139. 

A  condition  is  added  to  licenses  of  the  first,  second  and  third  classes 
forbidding  the  sale  or  gift  of  liquor  in  violation  of  the  law  forbidding  it  on 
election  days.     St.  188^8,  c.  262. 

The  condition  against  selling  or  giving  away  liquor  on  election  days  ap- 
plies to  licenses  of  the  third  and  fourth  class,  except  those  held  by  whole- 
sale druggists.     St.  1889,  c.  361. 

The  condition  against  selling  liquor  on  election  days  is  extended  to 
licenses  of  the  fourth  and  fifth  class,  except  those  of  wholesale  drug- 
gists.    St.  1889,  c.  361. 

No  license  of  the  sixth  class  shall  be  granted  to  any  person  who  is  not  a 
registered  pharmacist  actively  engaged  in  business  on  his  own  account. 
St.  1889,  c.  270. 

Sect.  11.  The  minimum  fee  for  liquor  licenses  is  fixed  at  a  larger 
amount.     St.  1888,. c.  341. 

Sect.  12.  To  provisions  forbidding  any  screen  to  prevent  a  view  of 
the  business  is  added  "or  a  view  of  the  interior  of  said  premises,"  and 
such  screen  or  obstruction  makes  the  license  void.     St.  1882,  c.  259. 

Sect.  13.  Each  surety  offered  on  the  bond  given  to  obtain  a  license 
must  make  aflSdavit  that  he  is  worth  $2,000  above  all  liabilities,'and  shall 
designate  property  suflflcient  to  meet  the  bond.  This  affidavit  is  filed  with 
the  bond.     St.  1882,  e.  259. 

The  form  of  bond  is  changed  by  substituting  the  words  "  incurred  by 
violation  of  such  provisions  of  law,"  for  the  words  "  which  may  be  recov- 
ered from  him  under  and  pursuant  to  such  provisions  of  law."  St.  1888, 
c.  283. 

Sect.  16.  A  conviction  for  a  violation  of  any  of  the  provisions  of  this 
chapter  and  the  acts  in  amendment  of  it,  of  itself  makes  the  license  void. 
St.  1887,  c.  392. 

Sect.  18.  Common  victuallers  who  keep  open  during  the  forbidden 
hours  come  within  the  fines  and  forfeitures  of  this  section.  St.  1882, 
c.  242. 

This  section  is  revised.  The  punishment  shall  be  both  fine  and  impris- 
onment. Persons  holding  licenses  of  the  sixth  class  do  not  forfeit  them 
by  violating  their  provisions.  The  provision  requiring  the  mayor  and 
aldermen  of  cities  and  the  selectmen  of  towns  to  prosecute  violations  of 
this  section  is  omitted.     St.  1889,  c.  114. 

St.  1889,  c.  114,  does  apply  to  pending  cases  or  offences  committed  be- 
fore its  passage.     St.  1889,  c.  268. 

Sect.  24.  Sales  to  minors  are  forbidden,  either  for  their  own  use,  the 
use  of  their  parents  or  of  any  other  person.  The  action  is  limited  to  two 
years.     St.  1889,  c.  390. 

Sect.  25.  This  section,  which  forbids  sales  after  notice,  applies  to 
sales  by  druggists  and  apothecaries  except  on  prescriptions  of  physicians. 
The  mayor  of  a  city  or  any  one  of  the  selectmen  of  a  town  may  give  the 


1394  Public  Statutes. 

notice,  and  then  sue  in  his  own  name,  but  for  the  benefit  of  husband,  wife, 
child,  parent  or  gucirdian  of  the  person.     St.  1885,  c.  282. 

Sect.  26.  Signs,  placards  and  advertisements,  except  in  drug  stores, 
announcing  the  keeping  of  intoxicating  liquor,  and  United  States  tax 
receipts  as  a  dealer  in  liquors  other  than  malt  liquors,  shall  be  prima  facie 
evidence  that  such  liquors  are  there  kept  for  sale.     St.  1887,  c.  414. 

Beverages  containing  more  than  one  per  cent,  of  alcohol  shall  be  deemed 
intoxicating,  instead  of  those  containing  more  than  three  per  cent.  St. 
1888,  c.  219. 

Sect.  29.  The  assayer  of  liquors  is  required  to  analyze  liquors  sent  to 
him  by  officers,  and  the  forms  of  application  and  certificate  are  given. 
Tampering  with  the  samples  is  punished.  His  certificate  is  evidence.  The 
court  may  order  analysis  by  other  chemists.     St.  1882,  c.  221. 

The  salary  of  the  inspector  and  assayer  of  liquors  is  to  be  paid  monthly 
instead  of  quarterly.     St.  1885,  c.  224. 

The  salarv  of  the  inspector  and  assaver  of  liquors  is  raised  from  $500 
to  $1,200.    'Sts.  1886,  c.  175  ;  1887,  c!^  232. 

Sect.  30.  A  search  warrant  for  liquor  may  be  issued  by  a  justice  of 
the  peace  authorized  to  issue  warrants  in  criminal  cases.     St.  1884,  c.  191. 

The  warrant  shall  require  all  implements  of  sale  and  furniture  used  in 
the  sale  of  such  liquor  to  be  seized.     St.  1887,  c.  406. 

Sects.  30,  33.  All  implements  of  sale  and  furniture  used  or  kept  and 
provided  to  be  used  in  the  illegal  keeping  or  sale  of  the  liquor  are  also  to 
be  seized.     St.  1888,  c.  297. 

Sect.  33.     The  officer  shall  also  seize  all  implements  of  sale  and  furni- 
ture used  in  the  sale  of  such  liquor.     St.  1887,  c.  406. 
.  Sect.  38  is  amended  to  provide  for  the  mode  of  transportation  of  the 
liquor,  a  receipt  for  the  same  and  the  fees.     St.  1887,  c.  53. 

Implements  of  sale  and  furniture  may  be  destroyed  or  sold  as  the  court 
may  order  by  any  officer  qualified  to  serve  criminal  process,  he  making 
return.     •St.'l888\  c.  297. 

Sect.  40.  Ten  dollars  and  the  fees  allowed  by  law  for  analysis  are 
added  to  the  costs  now  allowed  in  certain  cases.     St.  1888,  c.  277. 

Sect.  45.     Clubs  may  be  licensed  to  sell  liquors.     St.  1887,  c.  206. 

CHAPTER    101. 
OF  THE   SUPPRESSION   OF   COMMON   NUISANCES. 

Sect.  6.  Common  nuisances  under  this  section  may  be  enjoined  in 
equity  on  information  by  the  district  attorney,  or  on  a  petition  by  not  less 
than  ten  legal  voters.     St.  1887,  c.  380. 

Placards,  signs  and  advertisements  and  United  States  tax  receipts  are 
prima  facie  evidence.     St.  1887,  c.  414. 

CHAPTER   102. 

OF  LICENSES   AND   MUNICIPAL   REGULATIONS   OF  POLICE. 

Cities,  except  Boston,  and  towns  may  provide  for  the  registration  and 
licensing  of  plumbers,  and  regulate  the  materials,  construction  and 
inspection  of  their  work  and  make  plans  for  it  subject  to  the  approval  of 
the  board  of  health.     St.  1888,  c.  105. 


Table  of  Changes.  1395 

Skct.  12.     The   liability   of    innholders    is    still    further    limited.     St. 

1885,  c.  358. 

SiiCT.  13.  Any  person  who  fraiidnlently  procures  entertainment  at  a 
boarding  house  is  punished.  A  copy  of  this  section  must  be  posted  up. 
St.  1883,  c.  187. 

The  maximum  fine  for  fraudulently  procuring  entertainment  at  an  inn 
is  reduced  from  one  hundred  to  fifty  dollars.     St.  1884,  c.  169. 

Sect.  33.  Articles  of  personal  apparel  shall  not  be  deemed  to  be  of  a 
perishable  nature  for  purposes  of  sale  by  pawnbrokers.     St.  1884,  c.  324. 

Sects.  33-36.  Persons  engaged  in  the  business  of  loaning  money,  or 
its  equivalent,  in  sums  of  less  than  one  hundred  dollars,  on  household 
goods,  wearing  apparel  or  articles  of  personal  use  or  ornament,  or  on 
pledges  or  mortgages  of  such  property,  it  being  delivered  to  them,  are 
subject  to  these  sections.     St.  1885    c.  252.  , 

Sect.  35  is  amended  so  that  any  district  police  officer  may  also  enter 
and  examine  pawnshops.     St.  1888,  c.  243. 

Sect.  54.  Cities  and  towns  may  regulate  the  sale  or  use  of  toy  pistols, 
toy  cannon,  and  all  articles  in  which  explosives  are  used.     St.  1882,  c.  272. 

Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  minors 
under  fifteen  years  of  age.     St.  1884,  c.  76. 

Sect.  56.  Any  one  storing  or  keeping  for  sale  gunpowder  over  one 
pound  in  amount,  must  at  once  give  notice  to  the  chief  engineer,  or,  in 
Boston,  to  the  board  of  fire  commissioners,  of  the  amount  and  place  in 
the  building.     St.  1882,  c.  269. 

Sect.  75.  Towns  and  cities  may  regulate  the  inspection  of  kerosene 
and  petroleum.     St.  1885,  c.  122,  §  1. 

Sect.  80.  A  dog  which  becomes  three  months  old  after  the  thirtieth 
day  of  April  must  be  licensed.     St.  1885,  c.  292. 

Sects.  80-82,  87.  Special  licenses  for  the  keeping  of  dogs  for 
breeding  purposes  may  be  granted.     St.  1887.  c.  307. 

Tlie  keeping  of  bloodhounds  and    other  like    dogs    is  forbidden.     St. 

1886,  c.  340. 

Sect.  84.  The  board  of  police  for  the  city  of  Boston,  and  not  the 
chief  of  police,  shall  issue  dog  licenses  and  receive  the  money  therefor. 
St.  1887,  c.  135. 

City  and  town  clerks  must  give  a  bond  to  account  for  money  received 
for  dog  licenses.     St.  1888,  c.  320. 

The  clerks  must  pay  over  the  money  received  from  dog  licenses  on  the 
first  days  of  June  and  December  instead  of  on  the  first  day  of  December. 
St.  1886,  c.  259. 

Sect.  86.  In  case  of  a  transfer  of  a  dog  license,  it  must  be  recorded 
again  if  the  dog  is  kept  in  the  city  or  town  thirty  days.     St.  1884,  c.  185. 

Sect.  98.  The  law  relative  to  damages  done  by  dogs  to  sheep,  lambs, 
fowls  or  other  domestic  animals  is  revised.     St.  1889,  c.  454. 

Sects.  115-127.  Provision  is  made  for  licensing  skating  rinks.  Per- 
sons keeping  unlicensed  rinks  are  punished.  Officers  may  enter  such  rinks 
to  enforce  the  laws.     St.  1885,  c.  196. 

Children  under  the  age  of  thirteen  years  may  not  be  admitted  to  any 
licensed  show  or  place  of  amusement  unless  accompanied  by  some  person 
aLove  the  age  of  twenty-one  years.     St.  1887,  c.  446. 


1396  Public  Statutes. 

Sects.  116-119.  Municipal,  district  and  police  courts  are  given  con- 
current jurisdiction  witli  the  superior  court  of  offences  under  tliese  sections 
wliich  forbid  unlicensed  theatrical  exhibitions  and  shows  and  masked  balls. 
St.  1887,  c.  293. 

Sect.  124.  The  fee  for  licenses  of  pawnbrokers,  etc.,  is  made  payable 
to  the  board  issuing  the  license,  instead  of  to  the  clerk,  and  the  fees  given 
are  to  be  the  minimum  fees  only.     St.  1882,  c.  258. 

Sects.  124,  126,  127.  Groves  used  for  picnics  and  other  amusements 
must  be  licensed  in  towns  or  cities  which  accept  this  act.  St.  1885, 
c.  309. 

Hawking,  peddling,  vending  provisions  and  refreshments,  gaming,  horse 
racing  or  the  exhibition  of  plays  or  shows  within  one  half  mile  of  picnics 
and  other  lawful  gatherings  in  licensed  groves  are  forbidden.  St.  1887, 
c.  445.  • 

CHAPTER   103. 

OF   THE  DISTRICT  AND   OTHER  POLICE. 

The  district  police  is  divided  into  an  inspection  department  and  a  de- 
tective department.     St.  1888,  c.  113. 

Sect.  1.  The  number  of  the  district  police  is  increased  to  thirty-three, 
of  whom  twentv  are  in  the  inspection  department.  Sts.  1885,  c.  131  ; 
1887,  c.  256  ;  1888,  cc.  389  ;  426,  §  13. 

District  police  need  no  longer  be  examined  by  a  judge.     St.  1884,  c.  190. 

St.  1884,  c.  190,  is  repealed,  and  candidates  for  the  district  police  need 
not  be  examined  by,  or  under  the  direction  of,  a  justice  of  the  superior 
court.     St.  1885,  c.  186. 

Sect.  5.  The  salary  of  members  of  the  district  police  is  raised  from 
$1,200  to  $1,500,  and  the  chief  shall  receive  a  sum  not  exceeding  $2,000, 
instead  of  not  exceeding  $1,700.     St.  1887,  c.  127. 

Sect.  10.  It  is  made  the  duty  of  the  inspectors  of  buildings  to  enforce 
sections  16-18  of  chapter  104  of  the  Public  Statutes,  as  well  as  sections 
13-15  and  19-22,  except  where  there  are  special  officers  for  the  purpose. 
If  they  neglect  their  dutv,  thev  are  to  be  discharged.  These  sections  relate 
to  fire  escapes.     St.  1882,  c.  266,  _§§  4-6. 

Sect.  10.  The  duties  of  the  inspectors  are  extended  to  include  the 
enforcement  of  the  laws  regarding  the  employment  of  children,  young 
persons  and  women  in  factories  or  workshops,  and  the  ventilation  and 
sanitary  provisions  in  factories  and  workshops.     St.  1887,  c.  218. 

Sect.  15.  Railroad  police  shall  be  sworn  and  hold  office  until  their 
appointment  is  revoked  by  the  mayor  and  aldermen  or  selectmen.  St. 
1883,  c.  6d. 

CHAPTER  104. 

OF   THE   INSPECTION   OF  BUILDINGS. 

Sect.  4-12.  Any  member  of  the  inspection  department  of  the  district 
police  may,  when  called  upon  by  the  authorities,  inspect  buildings  alleged 
to  be  unsafe,  and  order  them  removed  or  made  safe.     St.  1888,  c.  399. 

Sect.  6.     Where  there  is  no  city  engineer  or  chief  engineer,  the  mayor 


Table  of  Changes.  1397 

aud  uldermen  or  the  selectmen  may  appoint  some  person  to  sit  in  their 
place.     St.  1888,  e.  399,  §  3. 

A  copy  of  the  plans  and  such  portion  of  the  specifications  as  he  may 
require  of  any  building  designed  for  certain  public  purposes,  as  factories 
or  mercantile  establishments,  hotels,  lodging  or  tenement  houses,  above  a 
certain  size,  shall  be  submitted  to  the  inspector  of  factories.  He  may 
require  proper  provisions  against  fire.  His  certificate,  with  the  endorse- 
ment of  the  chief  of  the  district  police,  shall  be  conclusive  evidence  that 
this  act  has  been  complied  with.     St.  1888,  c.  31G. 

Such  buildings  shall  have  sufficient  ways  of  egress  and  other  means  of 
escape  from  fire.  The  position  of  hot  pipes  is  regulated  and  wooden  flues 
and  air  ducts  are  forbidden.  The  erection  of  a  building  in  violation  of 
this  act  may  be  enjoined.     St.  1888,  c.  316. 

Sects.  13-24.  The  inspectors  may  require  in  a  manufacturing  estab- 
lishment run  b}'^  steam  that  communication  shall  be  provided  between  each 
room  and  the  engineer's  room.     St.  1886,  c.  173. 

Sect.  14,  relating  to  hoistways,  elevators,  etc.,  in  factories,  is  extended 
to  mercantile  and  public  buildings.  Safety  appliances  to  the  elevators  in 
event  of  accident  to  the  hoisting  machinery  are  also  required.  St.  1882, 
c.  208. 

The  inspectors  of  buildings  may  forbid  the  use  of  passenger  or  freight 
elevators  which  are  unsafe,  and  may  post  a  notice  to  that  effect,  which 
must  not  be  removed.     St.  1883,  c.  173. 

Sects.  15-20.  These  sections  are  repealed.  The  provisions  as  to  pre- 
cautions against  fires,  fire  escapes  and  the  egress  from  buildings  in  case  of 
fire  are  revised  and  extended.  The  proscenium  of  all  theatres  must  have 
a  fire-resisting  curtain  approved  by  the  inspectors.     St.  1888,  c.  426. 

Sects.  15-18.  Hotels,  lodging  houses  or  boarding  houses  above  a 
fixed  size  must  have  watchmen,  lights  in  the  halls,  gongs  and  notices 
describing  the  me-ans  of  escape.  The  municipal  authorities  may  require 
further  precautions.     St.  1883,  c  251. 

Certain  approved  appliances  are  allowed  in  the  place  of  one  watchman. 
St.  1884,  c.  223,  §  1. 

These  sections  apply  to  family  hotels.     St.  1884,  c.  223,  §  2. 

The  inspector  of  buildings  in  Boston  may  allow  any  family  hotel  in  said 
city  to  dispense  with  a  private  watchman.     St.  1888,  c.  86. 

Sects.  14-22.  The  authority  of  the  inspectors  to  enforce  sections  14  to  22 
does  not  extend  to  Boston.     St.  1887,  c.  276. 

Sect.  15,  regulating  fii-e  escapes,  is  made  to  apply  to  manufacturing 
establishments  as  well  as  to  factories  ;  aud  cities  may  make  it  apply  to  all 
buildings  three  stories  or  more  in  height.     St.  1882,  c.  266,  §  1. 

Sect.  19.  No  inside  or  outside  door  of  any  building  where  operatives 
are  employed  shall  be  fastened  during  working  hours,  and  the  inspectors 
of  factories  must  enforce  this  law.     St.  1884,  c.  52. 

Sect.  20.  P^very  tenement  or  lodging  house  three  or  more  stories  in 
height  must  have  a  fire  escape  approved  by  the  inspectors.  St.  1882,  c. 
266,  §  2. 

Theatres  must  have  approved  fire-resisting  curtains.  St.  1888,  c.  426, 
§  1. 


1398  Public  Statutes. 

Sect.  22.  The  penalty  is  changed  from  a  forfeiture  to  a  fine  and  made 
to  cover  sections  13  to  21  inclusive,  instead  of  13,  14,  15,  19,  20,  21.  The 
person  to  whom  notice  of  required  cliang'es  must  be  given  is  delined.  St. 
1882,  c.  266,  §  3. 

The  inspectors  of  factories  must  call  the  attention  of  the  board  of  health 
to  any  nuisances  about  factories  and  workshops,  and  the  board  of  health 
must  enforce  the  law  against  them.     St.  1887,  c.  103. 

Public  buildings  and  school-houses  must  be  provided  with  proper  sanitary 
provisions  and  ventilation.     St.  1888,  c.  149. 

Sect.  23.  The  authority  of  inspectors  under  sections  13  to  21  does  not 
extend  to  Boston  or  other  cities  where  there  are  officers  specially  appointed. 
St.  1882,  c.  266_,  §  4. 

Sect.  24,  which  requires  the  discharge  of  officers  not  attending  to  their 
duties,  is  made  to  apply  to  sections  16,  17,  18.     St.  1882,  c.  266,  §  5. 

CHAPTER    105. 

OF   CERTAIN     POWERS,    DUTIES    AND    LIABILITIES    OF    CORPORA- 
TIONS. 

Foreign  corporations,  except  insurance  companies  doing  business  here, 
must  appoint  the  commissioner  agent  to  receive  service  in  suits,  and  must 
make  return  of  their  charters  and  capital.     St.  1884,  c.  330. 

Corporations  mentioned  in  St.  1882,  c  106,  §  1,  upon  filing  the  copy  and 
statement  required  by  St.  1884,  c.  330,  are  relieved  from  making  the  returns 
and  certificates  as  to  their  condition  and  capital  stock  required  b}'  St.  1882, 
c.  106,  §§  1,  2. 

Manufacturing  coi'porations  established  under  the  laws  of  other  States 
which  have  complied  with  St.  1884,  c  330,  may  purchase  and  hold  such 
real  estate  in  this  Commonwealth  as  may  be  necessary  for  conducting  their 
business.     St.  1888,  c.  321. 

Safe  deposit,  loan  and  trust  companies  are  made  subject  to  all  the 
duties,  restrictions  and  liabilities  set  forth  in  this  chapter.  St.  1888, 
c.  413. 

Sects.  14,15.  These  sections  are  repealed.  The  supreme  judicial  court 
may  remove  any  officer  for  violations,  already  committed,  of  section  14. 
St.  1889,  c.  222,  §§  1,  2. 

Sect.  24.  No  record  is  necessary  to  the  transfer  of  stock.  St.  1884, 
c.  229. 

Sect.  42.  The  clause  limiting  the  time  within  which  a  receiver  of  a 
corporation  may  be  appointed  is  stricken  out.     St.  1884,  c.  203. 

CHAPTER    106. 
OF  MANUFACTURING  AND   OTHER   CORPORATIONS. 

Corporations  created  under  this  chapter  may  issue  special  stock  to  be 
held  by  their  employees  only.     St.  1886,  c.  209. 

They  may  appropriate  not  over  five  thousand  dollars,  oi-  five  hundred 
dollars  annually,  for  the  support  of  free  beds  in  hospitals  for  the  use  of 
their  employees.     St.  1889,  c.  258. 


Table  of  Changes.  1399 

Sects.  3,  4,  51.  Anj'^  corporation  governed  by  these  sections  may  alter 
its  business  under  section  51.     St.  1885,  c.  310. 

Sect.  10.  Ten  or  more  persons  may  form  a  corporation  to  examine  and 
guarantee  the  titles  of  real  estate.  Regulations  for  the  business  are  estab- 
lished.    Sts.  1884,  c,  180;  1887,  c.  214,  §§  62,  63. 

The  formation  of  corporations  for  the  purpose  of  cremating  the  bodies 
of  the  dead  is  authorized  and  such  cremation  is  regulated.  St.  1885, 
c.  265. 

Sects.  11,  52,  75.  These  sections  are  extended  to  corporations  for  the 
making,  selling  and  distributing  gas  for  -heating,  cooking,  chemical  and 
mechanical  purposes.  The  gas  need  not  be  inspected  under  chapter  61, 
sections  13,  14.  It  must  not  be  used  for  domestic  purposes  unless  con- 
nected with  a  chimney  or  flue.     St.  1885,  c.  240. 

Sect.  13.  Buildings  for  manufacturing  and  mechanical  purposes,  as  well 
as  hotels  and  public  halls,  are  included  in  this  section.     St.  1888,  c.  116. 

Sect.  27.  The  clause  forbidding  any  person  from  casting  as  proxy 
more  than  fifty  votes,  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.     St.  1887,  c.  385. 

Sects.  54,  55,  59,  81,  82,  84.  Every  corporation  chartered  since  Feb. 
23,  1880,  or  organized  under  the  general  laws  for  the  purpose  of  busi- 
ness or  profit,  having  a  capital  stock  divided  into  shares,  except  banks, 
co-operative  banks,  savings  banks  and  institutions  for  savings,  'insurance 
companies,  safe  deposit  and  trust  companies  and  the  collateral  loan  com- 
pany, shall  be  subject  to  these  sections  and  make  the  certificates  and 
returns  required  by  them.     St.  1887,  c.  225. 

Sects.  54  et  seq.  At  the  request  of  any  stockholder  made  in  writing 
between  sixty  and  thirty  days  before  the  annual  meeting  the  corporation 
shall  file  a  list  of  its  stockholders  as  of  the  sixtieth  day  with  the  secretary 
of  the  Commonwealth.     St.  1889,  c  222,  §  3. 

Sects.  62-71,  which  impose  personal  liability,  apply  to  safe  deposit, 
loan  and  trust  companies.     St.  1888,  c.  413,  §  14. 

Sect.  75.  Where  a  gas  company  exists  in  active  operation  no  other 
company  or  person  shall  dig  up  and  open  the  streets,  lanes  and  highways 
for  the  purpose  of  laying  gas  pipes  therein  without  the  consent  of  the  mayor 
and  aldermen  or  selectmen  after  a  public  hearing.  An  appeal  lies  to  the 
gas  commissioners.     St.  1885,  c.  314,  §§  10,  16. 

Sects.  75  et  seq.  The  issue  of  bonds  is  regulated.  No  gas  company 
can  transfer  its  franchise,  lease  its  works  or  contract  with  others  to  carry 
on  its  business.     St.  1886,  c.  346,  §§  3,  4. 

CHAPTER    109. 

OF   COMPANIES    FOR    THE    TRANSMISSION   OF    INTELLIGENCE    BY 

ELECTRICITY. 

This  chapter,  except  sections  16  and  18,  shall  also  apply  to  lines  for 
electric  light.     St.  1883,  c.  221. 

All  provisions  of  law  granting  authority  to  erect,  lay  and  maintain  and 


1400  Public  Statutes. 

to  regulate  telegraph  and  telephone  lines  conveying  intelligence  by  elec- 
tricity apply  to  telephone  lines,  whether  operating  by  electricity  or  other- 
wise.    St.  1889,  c.  434. 

Sect.  4.  Provision  is  made  for  damages  to  abutters  on  roads  used  for 
wires.     St.  1884,  c.  306. 

Sect.  10.  Telephone  companies  must  furnish  telephones,  telephone  ser- 
vice and  connections  to  all  individuals  and  corporations  without  discrimi- 
nation.    Courts  of  equity  may  enforce  tliis  statute.     St.  188."),  c.  267. 

Telegraph  companies  are  made  responsible  to  the  amount  of  one  hundred 
dollars  for  all  damages  caused  by  their  negligence  in  the  transmission  of 
messages,  but  this  does  not  apply  to  railroad  telegraphs  transacting  a 
public  business  only  as  incidental  to  their  own  business.     St.  1885,  c  380. 

Sect.  15.  Wires  must  not  be  put  up  without  the  land-owner's  consent. 
The  name  of  the  owner  of  the  wire  must  be  put  on  the  posts,  etc.  St. 
1884,  c.  302. 

CHAPTER    112. 

OF  RAILROAD   CORPORATIONS   AND   RAILROADS. 

Sect.  10.  The  salary  of  the  clerk  of  the  railroad  commissioners  is  raised 
from  $2,000  to  $2,500.     St.  1885,  c.  119. 

The  salaries  of  the  railroad  commissioners  and  their  clerk  and  accountant 
are  to  be  paid  montlily  instead  of  quarterly.     St.  1885,  c.  224. 

Sects.  10,  11.  The  sum  which  may  be  allowed  to  the  accountant  is 
increased  from  $2,000  to  $2,500.     St.  1885,  c.  164. 

Sects.  17,  127,  169.  The  commissioners  are  given  power  to  regulate 
the  occupation  of  street  crossings,  and  to  direct  changes  in  tracks  for  that 
purpose,  and  the  supreme  court  may  enforce  their  orders.  St.  1885, 
c.  110. 

Sect.  26.  The  form  of  return  may  be  changed  to  conform  to  the  re- 
quirements of  the  interstate  commission  after  one  month's  notice.  The 
blanks  must  be  furnished  by  June  15.     St.  1889,  c.  328,  §  2. 

Sect.  34.  An  organization,  under  the  general  law,  cannot  be  made 
unless  the  railroad  commissioners  grant  a  certificate  that  public  necessity 
and  convenience  require  the  construction  of  the  road.     St.  1882,  c.  265, 

§  1- 

Sect.  38.  No  steam  railroad  can  be  located  within  three  miles  of  the 
State  house  without  the  consent  of  the  railroad  commissioners  and  of  the 
mayor  and  aldermen  or  selectmen  of  the  city  or  town  in  which  a  location 
is  sought.     St.  1882,  c.  265,  §  4. 

Sects.  38  et  seq.  Railroad  corporations  may  change  their  locations  for 
the  purpose  of  improving  the  alignment  of  their  roads.     St.  1887,  c.  430. 

Sect.  44.  The  proceedings  are  void  unless  the  certificate  of  incorpora- 
tion is  issued  within  one  year  from  the  time  when  the  route  is  fixed.  St. 
1882,  c.  265,  §  2. 

Sect.  54.  The  clause  forbidding  any  person  from  casting  more  than 
fif t}'  votes  as  proxy,  unless  all  the  shares  so  represented  are  owned  b}'^  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  58-60.  Street  railways  using  the  cable  system  may  increase 
their  capital  under  these  sections.     St.  1886,  c.  337,  §  3. 


Table  of  Changes.  1401 

Sect.  62.  The  stockholders  may  before  May  13,  1883,  ratify  any  notes 
or  bonds  not  approved  or  certified  as  required  in  this  section.  St.  1883, 
c.  7. 

Tlie  time  within  whicli  railroad  bonds  must  be  payable  is  changed  from 
twenty  to  fifty  years,     St.  1887,  c.  191. 

Sects.  62-73.  A  purchaser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  powers  and  duties  as  the  original  corpora- 
tion.    St.  1886,  c.  142. 

Sect.  81 .  The  accounts  are  to  be  closed  June  30,  and  the  report  trans- 
mitted before  the  first  Wednesday  of  September.     St.  1889,  c.  328. 

Sects.  81  et  seq.  Every  railroad  corporation  operating  a  railroad  in  the 
State  must  make  quarterly  financial  statements  in  such  detail  and  at  such 
times  as  the  commissioners  may  require,  which  shall  be  open  to  public 
inspection.     St.  1889,  c  241. 

Sect.  91.  To  the  purposes  for  which  land  outside  the  location  may  be 
taken  is  added  the  construction  of  one  or  more  tracks.  The  assent  of  the 
city  or  town  is  required  where  public  highways,  buildings,  parks  or  ceme- 
teries are  to  be  taken.     St.  1884,  c.  134. 

Sect,  115.  The  power  to  exempt  railroads  from  the  duty  to  fence  is 
transferred  from  the  county  commissioners  to  the  railroad  commissioners. 
Proceedings  to  revoke  such  exemptions  are  regulated.     St.  1882,  c.  162. 

Sects.  117-138.  AVood  which  obstructs  the  view  at  crossings  may  be 
cut.     St.  1889,  c.  371. 

Sect.  127.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings,  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  may  enforce  their  orders.     St.  1885,  c.  110. 

Sects.  129-134.  The  betterment  act  is  extended  to  alterations  of  waj's 
at  railroad  crossings.     St.  1884,  c.  280. 

Sects.  129,  138.  An  appeal  from  the  decision  of  the  county  commis- 
sioners as  to  crossings  of  highways  and  railroads  and  as  to  private  cross- 
ings may  be  taken  by  any  person  aggrieved  by  their  decision  or  neglect  to 
decide  for  sixty  days.     The  proceedings  are  regulated.     St.  1882,  c.  135. 

The  county  commissioners  may,  also,  on  the  petition  of  twenty  legal 
voters  of  the  county,  assume  jurisdiction  as  to  grade  crossings  of  railroads 
and  highways.  Notice  is  provided  for.  The  order  cannot  be  made  if  the 
expense  will  exceed  $3,000.  Their  order  may  be  annulled  if  the  expense 
exceeds  $6,000.     St.  1885,  c.  194,  §  1. 

In  Boston  the  railroad  commissioners  have  jurisdiction  under  this  section 
either  on  petition  of  the  mayor  and  aldermen  or  of  the  directors  of  tlie  com- 
pany.    St.  1885,  c.  194,  §  2. 

No  appeal  shall  hereafter  be  allowed  from  decisions  or  orders  of  the 
county  commissioners  under  this  section,  except  in  proceedings  pending. 
St.  1885,  c.  194,  §  6. 

Sect.  130.  This  section  is  amended  by  adding  "  or  otherwise,"  so  that 
the  latter  part  shall  read,  "  and  all  damages  occasioned  by  such  taking  or 
otherwise  shall  be  assessed."     St.  1885,  c.  194,  §  3, 

Sect.  131.  "Or"  is  changed  to  "and,"  and  the  commission  may  direct 
which  party  shall  pay  the  expenses,  and  it  may  apportion  them  between  the 
railroad  and  the  town,  city  or  county  in  which  the  crossing  is,  and  other 


1402  Public  Statutes. 

towns  and  cities  within  the  county  which  are  specially  interested.  St.  1885, 
c.  194,  §  4. 

Towns  and  cities  specially  benefited  by  the  alteration  of  the  crossing 
may  be  included  in  the  apportionment,  or  such  towns  or  the  counties  or 
eitlier  of  them  may  be  omitted  if  it  seems  just.     St.  1887,  c.  295. 

Sect.   132.     The  hearing  need  not  be  in  term  time.     St.  1885,  c.  194,  §  5. 

Sect.  139.  The  clause  forbidding  branches  within  eight  miles  of  the 
State  house  is  stricken  out.     St.  1884,  c.  279. 

St.  1882,  c.  2C5,  applies  to  railroad  corporations  acting  under  this 
section. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  c.  120. 

Sect.  160.  Provision  is  made  for  the  examination  of  railroad  bridges. 
St.  1887,  c.  334. 

Sect.  161.  Provision  is  made  for  interlocking  or  automatic  signals  at 
railroad  crossings,  and  for  the  expense  of  their  maintenance.  St.  1885, 
c.  85. 

Sect.  163.  The  commissioners  may  forbid  or  regulate  locomotive  whistles 
at  highway  crossings.     St.  1885,  c  334. 

Sect.  166.  The  railroad  commissioners,  as  well  as  the  town  or  city 
authorities,  may  require  gates  or  flags  at  crossings.     St.  1883,  c.  117. 

Or  electric  signals.     St.  1888,  c.  240. 

Sect.  169.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  may  enforce  their  orders.     St.  1885,  c.  110. 

Sect.   170.     Locomotive  boilers  must  be  tested.     St.  1882,  c.  73. 

Safety  couplers  are  required  on  freight  cars.     St.  1884,  c.  222. 

An  examination  and  test  of  safety  couplers  for  freight  cars  is  to  be  made 
every  two  years.     St.  1886,  c.  242. 

Sect.  171.  In  addition  to  the  tools  which  each  train  must  now  carry, 
each  car  of  every  passenger  train  must  have  two  sets  of  tools,  safeguards 
against  fire,  and  such  other  appliances  as  the  railroad  commissioners  may 
require.     St.  1882,  c.  54. 

Sect.  172.  The  heating  of  passenger  cars  on  railroads  is  regulated. 
St.  1887,  c.  362. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness  every 
two  years  is  repealed.     St.  1883,  c.  125. 

Sect.  180.  Railroads  may  establish  tolls  and  fares,  but  they  are  for- 
bidden to  give  undue  or  unreasonable  preferences.     St.  1882,  cc.  94,  225. 

Only  ten  cents  extra  can  be  charged  where  fare  is  paid  on  the  cars,  and 
a  check  must  be  given  redeemable  in  ten  days.     St.  1883,  c.  32. 

Sects.  181-183.  Railroad  corporations  are  prohibited  from  requiring 
women  and  children  to  ride  in  smoking  cars.     St.  1888,  c.  176. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools 
required  to  be  carried  on  passenger  trains,  is  punished.  •  St.  1882,  c.  54, 
§2. 

Sect.  207.  The  offence  of  interfering  with  electric  signals  is  enlarged 
by  omitting  the  word  "  electric."     St.  1884,  c.  5. 

Sect.  212.     If  an  employee,  in  the  exercise  of  due  care,  is  killed,  under 


Table  of  Changes.  1403 

such  eircnmstauces  that  he  could  have  raalutnined  an  action  for  daiiiages  if 
death  had  not  resulted,  the  corporation  shall  be  liable  as  if  he  had  not 
been  an  employee.     St.  1883,  c.  24o. 

An  action  of  tort  instead  of  an  indictment  may  be  brought  against  street 
railway  corporations  for  loss  of  life.     St.  1886,  c.  140. 

CHAPTER  113. 
OF   STREET  RAILWAY   COMPAXIES. 

This  chapter  applies  to  roads  using  the  cable  system.  St.  1886,  c.  337, 
§4. 

Sect.  13.  The  clause  providing  that  no  person  shall,  as  proxy  or  attor- 
ney, cast  more  than  fifty  votes  unless  all  the  shares  are  owned  by  one  per- 
son is  repealed.     St.  1889,  c.  210. 

Sect.  15.  The  provisions  as  to  increase  of  capital  stock  are  revised 
and  made  more  specific.     St.  1887,  c.  366. 

Sect.  30.     They  may  be  allowed  to  use  the  cable  system.     St.  1886, 

_        O  o  r- 
C.     OOI  . 

Sects.  27  et  seq.  They  may  not  permit  children  under  ten  to  enter 
their  cars  to  sell  newspapers  or  other  articles.     St.  1889,  c.  229. 

Street  railway  companies  may  mortgage  their  roads  in  certain  cases, 
and  sections  63-70  of  chapter  112  apply.     St.  1889,  c.  316. 

Sects.  48  et  seq.  The  authority  for  street  railway  companies  to  run 
over  the  tracks  of  another  street  railway  must  be  approved  by  the  board 
of  railroad  commissioners  after  hearing.     St.  1888,  c.  278. 

CHAPTER  115. 

OF    ASSOCIATIONS  FOR    CHARITABLE,    EDUCATIONAL  AND   OTHER 

PURPOSES. 

Provision  is  made  for  the  incorporation  of  labor  or  trade  organizations. 
St.  1888,  c.  134. 

No  association  formed  for  medical  purposes  under  this  chapter  can  confer 
degrees,  and  oflicers  attempting  to  do  so  are  punished.     St.  1883,  o.  268. 

Sect.  2.  Relief  societies  may  be  formed  by  the  employees  of  railroad 
and  steamboat  companies.  They  are  subject  to  the  supervision  of  the  rail'' 
road  commissioners.     St.  1882,  c.  244. 

Railroad  corporations  may  join  these  relief  societies.  The  funds  of  such 
societies  are  not  attachable  by  trustee  process  or  otherwise.  St.  1886, 
c.  125. 

Sects.  3-5.  Corporations  for  life  and  casualty  insurance  on  the  assess- 
ment plan  may  be  formed.     St.  1885,  c.  183,  §  2. 

Sect.  3.  Corporations  formed  under  this  chapter  may  increase  their 
capital  stock  to  an  amount  not  exceeding  five  hundred  tliousand  dollars. 
St.  1888,  c.  177. 

Sects.  8-12,  which  regulate  benefit  societies,  are  repealed.  St.  1888, 
c.  429,  §  21. 

The  law  as  to  fraternal  beneficiary  organizations  is  revised.  St.  1888, 
C.  429, 


1404  Public  Statutes. 

Sect.  8.  Such  corporations  may  accumulate  funds  to  assist  the  widows, 
orphans  or  other  relatives  of  deceased  members,  or  any  person  dependent 
on  them.     St.  1882,  c.  195,  §  2. 

Sect.  11,  which  provides  for  the  returns  of  benefit  societies,  is  amended 
to  cover  societies  making  paj'ments  for  disabilities,  and  to  make  the  returns 
more  definite.     St.  1882,  c.  195,  §  3. 

No  such  society  can  reinsure  in  or  transfer  its  policies  to  any  society  not 
authorized  to  do  business  here.     St.  1882,  c.  195,  §  4. 

CHAPTER    116. 
OF   SAVINGS   BANKS   AND  INSTITUTIONS   FOR   SAVINGS. 

Receivers  at  the  end  of  one  year  from  their  final  settlement  must  deposit 
all  books  and  papers  witli  the  commissioners.     St.  1882,  c.  77. 

The  books  and  papers  of  insolvent  savings  banks  may  be  stored  in  the 
Commonwealth  building.     St.  1884,  c.  72, 

Sects.  1,  2.  Tlie  board  is  increased  to  three,  one  of  whom  is  chairman. 
The  salary  of  the  chairman  is  $3,500  and  of  the  other  members  $3,000, 
instead  of  $2,800.     St.  1889,  c.  321. 

Sect.  2.  The  salary  of  the  commissioners  of 'savings  banks  is  raised 
from  $2,800  to  $3,000,  and  the  first  clerk  is  given  $1,500,  and  the  second 
clerk  $900,  instead  of  a  general  allowance  of  $1,600  for  clerk  hire.  Sts. 
1882,  c.  148;  1886,  c.  252. 

The  salary  of  the  second  clerk  of  the  commissioners  is  increased 
from  $900  to  $1,200.     St.  1889,  c.  77. 

Sect.  3.  When  the  institution  is  connected  with  a  national  bank  tlie 
commissioners  shall  if  possible  arrange  with  the  national  bank  examiner  to 
have  their  visits  simultaneous.     St.  1888,  c.  51. 

Sect.  11.  No  person  or  corporation  may  carry  on  the  business  of  re- 
ceiving deposits  under  the  name  of  a  savings  banlv  unless  incorporated  here. 
St.  1889,  c.  452. 

Sect.  14.  Treasurers  must  give  new  bonds  every  five  years.  St.  1886, 
c.  93. 

It  is  made  the  duty  of  the  treasurer,  instead  of  the  trustees,  to  file  a  copy 
of  his  bond  and  to  give  notice  of  any  changes.  A  certificate  of  the  custo- 
dian of  the  bond  that  the  original  is  in  his  possession  must  be  added. 
St.  1889,  c.  180. 

Sect.  16.  Notice  of  special  meetings  must  be  given,  both  by  publica- 
tion and  by  mailing  notices,  instead  of  in  either  mode,  as  at  present. 
St.  1884,  C.-150. 

Sect.  17.  If  a  member  fails  to  attend  two  consecutive  annual  meet- 
ings, his  membership  shall  be  declared  forfeited.     St.  1888,  c.  120. 

Sect.  18.  A  failure  both  to  attend  meetings  and  to  perform  his  duties 
makes  the  office  of  a  trustee  vacant,  instead  of  either  of  these  things. 
St.  1888,  c.  96. 

Savings  banks  shall  carry  on  their  usual  business  at  their  banking  liouses 
only,  and  shall  not  receive  or  pay  deposits  at  any  other  place,  and  such 
banking  houses  shall  be  in  the  city  or  town  where  such  corporation  is 
established,  but  annual  meetings  of  the  corporation  and  meetings  of  the 


Table  op  Changes.  1405 

trustees  may  be  held  at  other  pLace  iu  such  city  or   town.       Sts.   1884, 
c.  253;  1889,  c  91. 

Savings  banks  shall,  at  least  once  in  each  fiscal  year,  make  an  accurate 
trial  balance  of  depositors'  ledgers.     St.  1889,  c.  88. 

Skct.  19.  The  limitation  as  to  the  amount  of  deposits  does  not  apply 
to  deposits  made  by  direction  of  the  probate  court.     St.  1889,  c.  86. 

Sects.  Id  et  seq.  Deposits  made  by  order  of  the  court  after  five  years 
are  to  be  paid  into  the  State  treasury,  where  it  shall  remain  at  three  per 
cent,  interest  for  fifteen  years  more,  subject  to  claim  by  the  owner,  after 
which  it  becomes  the  property  of  the  State.     St.  1889,  c.  449. 

The  limitation  as  to  interest  does  not  apply  to  deposits  by  order  of  the 
probate  court.     St.  1889,  c.  449,  §  1. 

Sect.  20.  The  limit  of  authorized  investments  is  extended.  Sts.  1882, 
c.  231  ;  1883,  c.  134;  1885,  cc.  Ill,  124,348;  1886,  c  17G;  1887,  cc. 
113,  423  ;  1888,  cc.  53,  90,  301. 

"Net  indebtedness"  is  to  be  computed,  excluding  w^ater  loans  and 
crediting  sinking  funds.     St.  1883,  c.  127. 

Only  a  sum  equal  to  thirty-five  per  cent,  of  the  deposits  can  be  invested 
or  held  as  collateral  in  stocks  of  banks,  and  if  more  is  now  held  it  must  be 
reduced  to  that  amount  before  July  1,  1885.     St.  1883,  c  202. 

Sect.  20,  cl.  3,  is  revised  and  extended      St.  1887,  c  196. 

Loans  wdth  railroad  bonds  as  collateral  may  be  made  to  the  par  value  of 
such  bonds.     St.  1888,  c.  213. 

Savings  banks  may  invest  in  first  mortgage  bonds  of  railroads  incorpo- 
rated and  in  part  located  iu  New  England,  notwithstanding  the  road  is 
leased.     St.  1889,  c.  305. 

Sect.  20,  cl.  4.  The  amount  of  the  stock  of  any  one  bank  which  can  be 
held  as  an  investment  or  as  collateral  security  is  limited  to  three  per  cent, 
of  the  deposits.     St.  1882,  c.  224. 

Savings  banks  may  not  deposit  more  than  five  per  cent,  of  their  total 
deposits  in  any  one  bank  or  trust  company,  nor  exceeding  twenty-five  per 
cent,  of  the  capital  stock  and  surplus  of  such  bank  or  trust  company.  St. 
1886,  c.  95. 

Sect.  20,  cl.  6.  The  amount  which  savings  banks  may  lend  on  personal 
security  to  any  person,  firm  or  corporation  is  limited.     St.  1884,  c.  168. 

Such  securities  are  to  be  paid  within  the  year.     St.  1886,  c.  69. 

Sect.  20,  cl.  8.  The  time  for  the  sale  of  real  estate  now  held  by  fore- 
closure is  extended.     Sts.  1882,  c.  200  ;  1883,  c  52  ;  1886,  c.  77. 

Sect.  21.  The  president  and  treasurer  are  also  forbidden  to  borrow  or 
use  or  become  sureties  or  obligors  to  the  bank.     St.  18'89,  c.  161. 

Sects.  13,  21-23.  The  names  of  the  board  of  investment  must  be 
published  twice  each  year.     St.  1882,  c.  50. 

Sect.  27.  The  payment  of  extra  dividends  is  made  permissive  instead 
of  obligatory.     St.  1888,  c.  355. 

Sect.  29.  Savings  bank  orders  may  be  paid  when  presented  within 
thirty  days  after  their  date,  although  the  depositor  has  in  the  mean  time 
died,  and  at  any  time  after,  provided  the  bank  has  not  had  actual  notice  of 
his  death.     St.  1885,  c.  210,  §  2. 

Sect.  34.  During  1889  and  every  third  year  thereafter  books  of  deposit 
must  be  called  in  for  verification.     St.  1888,  e.  40. 


14iOG  Public  Statutes. 

Sects.  40,  41.  A  return  of  all  deposits  unclaimed  for  twenty  j^ears  is  to 
be  made  to  the  commissioners  and  pnblislied.     St.  1887,  c  319. 

The  form  and  veriflcation  of  the  annual  report  to  the  commissioners  is 
changed.     St.  1888,  c.  127. 

Sect.  44  is  repealed  and  new  provision  is  made  for  the  pajnnent  of 
unclaimed  dividends  into  the  treasury.  Claims  for  sucli  dividends  may  be 
made  within  two  years.     St.  1883,  c.  258. 

The  limitation  of  two  years  is  repealed.  Parties  file  their  claim  and 
evidence  with  the  auditor.     St.  1886,  c.  300. 

CHAPTER  117. 
OF   CO-OPERATIVE   SAVING  FUND   AND   LOAN   ASSOCIATIONS. 

No  person  or  corporation  may  carry  on  business  under  the  name  of  a 
co-operative  bank  unless  incorporated  here.     St.  1889,  c.  452. 

Co-operative  banks  must  make  an  annual  return,  under  oath,  to  the  com- 
missioners of  savings  banks.     St.  1889,  c.  159,  §  2. 

Shares  may  be  issued  in  the  name  of  a  minor  or  a  trustee,  the  name  and 
residence  of  the  beneficiary  being  disclosed.     St.  1887,  c.  21G,  §  3. 

Sect.  3.  The  words  "co-operative  savings  fund  and  loan  association" 
are  changed  to  "  co-operative  bank"  in  the  statute  and  in  the  names  of  all 
associations  existing  or  future.     St.  1883,  c.  98. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
c.  121,  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
c.  216,  §  1. 

Sect.  6.  The  offices  of  secretary  and  treasurer  of  a  co-operative  bank 
may  be  held  by  one  person.     St.  1885,  c.  121,  §  1. 

Sect.  8.  The  mode  of  withdrawing  or  retiring  shares  is  determined,  and 
their  value.     St.  1887,  c.  216,  §  2. 

Sect.  9.  Interest  is  allowed  for  all  full  months  from  the  date  of  the 
preceding  adjustment.     St.  1887,  c.  216,  §  5. 

Before  paying  off  matured  shares,  arrears  and  fines  are  to  be  deducted. 
St.  1882,  c.  251,  §  1. 

Sect.  10.  In  lending  money  the  bids  may  be  a  rate  of  interest  not  less 
than  five  per  cent,  instead  of  a  premium.     St.  1882,  c.  251,  §  2. 

Sect.  13.  The  real  estate  must  be  situated  in  the  Commonwealth.  St. 
1889,  c.  159,  §  1. 

Sect.  14.  Partial  payments  of  loans  may  be  made  in  sums  of  fifty  dol- 
lars or  any  multiple  thereof,  and  for  each  two  hundred  dollars  paid  a 
share  shall  be  released.     St.  1887,  c.  216,  §  4. 

Sect.  16  is  amended  by  providing  that  the  share  of  a  member  six 
months  in  arrears  may  be  declared  forfeited.  He  is  then  given  credit  for 
the  withdrawing  value  of  his  share,  and  the  balance  is  enforced  agf^ust  his 
security.     Sts.  1882,  c  251,  §  1  ;  1885,  c  121,  §  4. 


Table  of  Changes.  1407 

CHAPTER    118a. 
OF   SAFE  DEPOSIT   CORPORATIONS. 

Corporations  for  the  purpose  of  letting  vaults,  safes  and  other  receptacles 
may,  under  certain  formalities,  remove  the  contents  of  such  vaults  where 
the  rent  has  not  been  paid  for  two  years.     St.  1887,  c.  89. 

Provision  is  made  for  the  incorporation  of  safe  deposit,  loan  and  trust 
companies.  Their  organization,  powers,  liabilities  and  duties  are  estab- 
lished. Provision  is  made  for  their  taxation  and  their  returns.  St.  1888, 
c.  413. 

Safe  deposit,  loan  and  trust  companies  are  forbidden  to  invest  in  certain 
farm  mortgages  or  farm  mortgage  companies.     St.  1889,  c.  342. 

No  person  or  corporation  established  under  the  laws  of  another  State  or 
country  may  carry  on  here  a  banking,  mortgage  loan  and  investment  or 
trust  business  under  a  name  previously  used  by  a  corporation  established 
here.     St.  1889,  c.  452. 

CHAPTER    1186. 
OF  MORTGAGE,  LOAN   AND   INVESTMENT   CO^JPANIES. 

The  business,  investments  and  liability  of  the  stockholders,  of  mortgage 
loan  and  investment  companies  is  regulated.  They  must  make  returns  to 
the  savings  bank  commissioners  and  are  examined  by  them.  St.  1888, 
c.  387. 

No  person  or  corporation  established  under  the  laws  of  another  State  or 
country'  may  carry  on  here  a  banking,  mortgage  loan  and  investment  busi- 
ness or  trust  business  under  a-  name  previously  used  by  a  corporation  estab- 
lished under  the  laws  of  this  State.     St.  1889,  c.  452. 

The  supervision  of  foreign  corporations  engaged  in  selling  or  negotiating 
bonds,  mortgages,  notes  or  other  choses  in  action  is  provided  for.  St. 
1889,  c.  427. 

CHAPTER    119. 
OF  INSURANCE   COiMPANIES   AND   INSURANCE. 

The  insurance  law  is  revised  and  codified.     St.  1887,  c.  214. 

Title  insurance  companies  may  examine  and  guarantee  titles  to  personal 
property  as  well  as  real  estate.     St.  1889,  c.  278. 

Accident  insurance  companies  may  insure  the  liability  of  employers  for 
injuries  received  by  persons  in  their  employ.     St.  18S9,  c.  356. 

Sects.  2-4.  The  amount  allowed  for  additional  clerks  and  assistants 
is  changed  from  $7,000  to  such  sum  as  the  general  court  may  appropriate 
each  year.     St.  1888,  c.  84. 

Skcts.  21 ,  38.  The  money  or  relief  to  be  paid  by  companies  incorporated 
under  this  act  and  doing  life  or  casualty  insurance  on  the  assessment  plan 
is  not  attachable.     St.  1885,  c.  183,  §  11. 

Sect.  29.  The  capital  stock  of  companies  insuring  mechanics'  tools  may 
be  divided  into  shares  of  the  par  value  of  ten  dollars  each.  St.  1888, 
c.  141. 


1408  Public  Statutes. 

Sect.  139.  The  selection  of  arbitrators  under  policies  iu  the  standard 
form  is  regulated.     St.  1888,  c.  151. 

Sects.  145  et  seq.  Nothing  in  the  charter  of  any  mutual  life  insurance 
company  shall  limit  its  investments  unless  such  limitation  is  iu  the  general 
insurance  laws.     St.  1888,  c.  165. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1885,  c.  183. 

The  organization  and  business  of  fraternal  beneficiary  organizations  is 
I'egulated.  Foreign  corporations  must  appoint  the  commissioner  agent. 
Any  person  who  solicits  membersliip  for  corporations  not  authorized  to  do 
business  here  may  be  punished.  The  benefits  are  not  held  for  the  debts  of 
the  certificate  holder  or  of  any  beneficiary.     St.  1888,  c.  429. 

Sect.  167.  The  benefit  provided  by  companies  formed  under  this  act 
cannot  be  held  for  debts  or  liabilities  of  policy  or  certificate  holders  or 
beneficiaries.     St.  1885,  c.  183,  §  11. 

Sect.  173.  Tliis  section  is  repealed  and  unclaimed  dividends  are  paid 
into  the  treasury.  Claims  for  such  dividends  may  be  made  within  two 
years.     St.  1883",  c.  258. 

The  limitation  of  time  is  repealed.  Claims  and  evidence  may  be  filed 
with  the  auditor.     St.  1886,  c.  300. 

Sect.  185.  False  or  fraudulent  statements  or  representations  by  any 
solicitor,  agent  or  examining  physician  are  made  misdemeanors,  and  pun- 
ished when  made  with  reference  to  insurance  under  this  act.  St.  1885, 
c.  183,  §  12. 

CHAPTER   120. 

OF  THE   ALIENATION   OF  REAL   ESTATE. 

Sect.  1.  "Where  a  deed  or  other  writing  affecting  land  has  been  duly 
recorded  in  one  registry  an  office  copy  may  be  recorded  iu  any  other  reg- 
istry.    St.  1889,  c.  448. 

CHAPTER   124. 

OF  THE  RIGHTS  OF  A  HUSBAND  IN  THE  REAL  ESTATE  OF  HIS 
DECEASED  WIFE  AND  THE  RIGHTS  OF  A  WIFE  IN  THAT  OF 
HER  DECEASED   HUSBAND. 

Sect.  1.  The  words  "  If  his  wife  does  not  otherwise  provide  by  her 
will"  are  stricken  out.     St.  1885,  c.  255,  §  2. 

The  husband  takes  the  share  of  his  wife's  real  estate  in  fee,  whether  she 
dies  testate  or  intestate.     St.  1887,  c.  290,  §  1. 

Sp:ct.  17.  The  claim  of  the  husband  or  wife  may  after  notice  be  deter- 
mined in  the  probate  court.     St.  1889,  c.  234. 

CHAPTER    125. 

OF  THE  DESCENT  OF  REAL  ESTATE. 

Sect.  4.  The  property  of  an  illegitimate  child  descends  to  his  relatives 
through  his  mother  if  she  is  dead.     St.  1882,  c.  132. 


Table  of  Changes.  1409 

CHAPTER   126. 
GENERAL  PROVISIONS   CONCERNING  REAL  ESTATE. 

Conditions  or  restrictions  affecting  the  title  or  use  of  real  estate  unlimited 
as  to  time  shall  be  construed  as  limited  to  thirty  years,  except  in  gifts  or 
devises  for  public  charitable  or  religious  uses  and  grants  from  the  Common- 
wealth.    St.  1887,  c.  418. 

Words  importing  a  want  or  failure  of  issue  are  to  be  construed  to  mean 
a  want  or  failure  in  the  lifetime  or  at  the  death  of  the  person  referred  to 
and  not  an  indefinite  failure  of  issue,  unless  a  contrary  intention  clearly 
appears  by  the  instrument.     St.  1888,  c.  273. 

Sects.  5,  6.  A  conveyance  to  a  husband  and  wife  no  longer  creates  an 
estate  in  joint  tenancy  without  express  words.     St.  1885,  c.  237. 

CHAPTER    129. 

OF  THE  PROBATE  OF  WILLS  AND  THE  APPOINTMENT  OF  EXEC- 
UTORS. 

.  A  decree  allowing  a  will  is  conclusive  for  many  purposes,  after  two  3^ears 
from  such  decree,  in  favor  of  persons  who  have  acted  on  it  in  good  faith. 
St.  1889,  c.  435. 

CHAPTER    130. 
OF  THE   APPOINTMENT  OF   ADMINISTRATORS. 

Sect.  1.  Administration  may  be  granted  to  one  or  more  of  the  next  of 
kin  when  the  widow  and  all  the  other  next  of  kin  resident  here  and  of  age 
consent.     Notice  ma}^  be  dispensed  with.     St.  1885,  c.  2G0. 

A  decree  adjudicating  the  intestacy  of  an  estate  is  conclusive  for  many 
purposes  after  two  j'ears  in  favor  of  persons  who  have  acted  on  it  in  good 
faith.     St.  1889,  c.  435. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  a  bond  without 
sureties.  If  they  neglect  to  give  a  new  bond  when  required  it  is  a  resigna- 
tion.    St.  1885,  c.  274. 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  j^ears  after  the  person's  death.  St.  1889, 
c.  192. 

Sects.  10-17.  A  special  administrator,  by  leave  of  the  probate  court, 
may  pay  the  expenses  of  the  executor  in  proving  the  will.    St.  1884,  c.  291. 

CHAPTER    131. 

OF  PUBLIC   ADMINISTRATORS. 

Sect.  18.  Claims  under  this  section  are  limited  to  one  year  after  the 
money  is  deposited.     St.  1883,  c.  264. 


1410  Public  Statutes. 


CHAPTER    132. 

GENERAL  PROVISIONS    RELATIVE   TO  EXECUTORS   AND    ADMINIS- 
TRATORS. 

Sect..  1.  The  giving  of  the  notice  may  be  proved  in  certain  cases  by  the 
affidavit  of  persons  other  than  those  mentioned  in  St.  LS88,  c.  148,  St. 
1888,  c.  380. 

Sect.  2.  The  requirement  that  the  notice  shall  be  filed  within  one  j^ear 
is  repealed.     St.  1888,  c.  148. 

Sects.  1-4.  In  cases  where  no  afHdavit  of  notice  has  been  filed,  and  it 
cannot  now  be  obtained,  the  court  on  petition  of  any  person  interested  in 
any  real  estate  affected,  after  notice  and  hearing,  may  decree  that  notice 
was  given.     St.  1889,  c.  31^.^"' 

CHAPTER   134. 

OF  SALES  AND  MORTGAGES  OF  REAL  ESTATE  BY-  EXECUTORS 
AND  ADMINISTRATORS. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale. 
St.  1886,  c.  137. 

Sect.  12.  The  giving  of  the  notice  may  be  proved  in  certain  cases  by 
the  affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  c.  148. 
St.  1888,  c.  380. 

The  requirement  that  the  affidavit  shall  be  filed  within  one  year  is  re 
pealed.     St.  1888,  c.  148. 

CHAPTER   135. 

OF  ALLOWANCES    TO   WIDOWS   AND  CHILDREN  AND  OF  THE   DIS- 
TRIBUTION OF   THE  ESTATES  OF   INTESTATES. 

Sect.  3,  cl.  3.  The  husband,  instead  of  the  whole,  is  given  one-half  of 
the  personal  estate  of  his  deceased  wife.     St.  1882,  c.  141. 

Sect.  3,  cl.  5.  If  the  intestate  leaves  a  widow  and  no  kindred,  the 
widow  shall  be  entitled  to  the  whole  of  the  residue.     St.  1885,  c.  276. 

CHAPTER    136. 

OF  THE  PAYMENT  OF  DEBTS,  LEGACIES  AND  DISTRIBUTIVE  SHARES. 

Sects.  19  et  seq.  Where  a  legatee  is  under  age  and  has  no  guardian  the 
court  may  order  the  legacy  paid  into  a  savings  bank  under  c.  144,  §  16. 
St.  1889,  c.  185. 

CHAPTER    139. 

OF   GUARDIANSHIPS. 

Sects.  1-3.  The  Boston  Children's  Friend  Society  may  be  appointed  the 
guardian  of  minors.     St.  1885,  c.  362. 

Sects.  29  et  seq.  Guardians  residing  out  of  the  State  must  appoint 
an  agent  here.  Pub.  Sts.,  c.  132,  §§  11-13  apply  to  them.  St.  1889, 
c.  462. 


Table  of  Changes.  1411 


CHAPTER   140. 

OF   SALES   AND   MORTGAGES   OF  REAL  ESTATE  BY   GUARDL'^NS. 

Sect.  LS.  The  right  to  license  guardians  to  sell  at  private  sale  is  no 
longer  limited  to  undivided  interests.     St.  1885,  c.  258. 

CHAPTER   141. 
OF   TRUSTS. 

Sects.  4-11.  Trustees  residing  out  of  the  State  must  appoint  an  agent 
here.     Pub.  Sts.,  c.  132,  §§  11-13  apply  to  them.     St.  1889,  c.  462. 

Sect.  23.  To  the  purposes  for  which  trust  estates  may  be  mortgaged 
is  added  that  of  paying  for  improvements  of  a  permanent  nature  made  or 
to  be  made  upon  such  estate.     St.  1889,  c.  66. 

CHAPTER    142. 

GENERAL  PROVISIONS  RELATIVE  TO  SALES,  MORTGAGES,  RE- 
LEASES, COMPROMISES,  ETC.,  BY  EXECUTORS,  ADMINISTRA- 
TORS,  GUARDIANS  AND   TRUSTEES. 

Sect.  14.  This  section  is  extended  to  administrators  with  the  will  an- 
nexed. Those  claiming  as  legatees  or  devisees,  whose  interests  will  in  the 
opinion  of  the  court  be  affected,  are  to  be  made  parties.     St.  1889,  c.  266. 

Sect.  23.  This  section  is  extended  so  that  any  act  or  proceeding  of  the 
probate  court,  which  it  might  have  done  in  the  first  instance,  may  be  con- 
firmed.    St.  1888,  c.  420. 

CHAPTER    143. 

GENERAL  PROVISIONS   RELATIVE   TO   BONDS   OF  EXECUTORS,  AD- 
MINISTRATORS,  GUARDIANS   AND   TRUSTEES. 

Sect.  1.  Foreign  fidelity  insurance  companies  may  be  sureties  on  pro- 
bate bonds.     St.  1887,  c.  214,  §  61. 

Companies  may  be  formed  to  act  as  sureties  on  probate  bonds.  St. 
1887^  c.  214,  §§  29,  61. 

CHAPTER    144. 

OF   THE   ACCOUNTS  AND    SETTLEMENTS   OF  EXECUTORS,   ADMLN- 
ISTRATORS,   GUARDIANS   AND   TRUSTEES. 

Sect.  7.  Money  paid  with  the  approval  of  the  judge  to  any  person  or 
corporation  for  becoming  surety  on  the  bond  may  be  allowed.  St".  1886, 
c.  233. 

Sects.  13,  14,  which  provide  for  tbe  appointment  of  a  guardian  ad  litem 
to  examine  the  accounts  of  trustees  and  guardians,  are  extended  to  execu- 
tors and  administrators,  and  the  decree  is  in  alike  manner  final.  St.  1889, 
c.  466. 

Sect.  16.  Legacies  to  minors  without  guardians  may  also  be  deposited 
under  this  section.     St.  1889,  c.  185. 

Legacies  due  to  persons  whose  residence  is  unknown  may  be  ordered  to 
be  deposited  under  this  section.     St.  1885,  c.  376. 


1412  Public  Statutes. 


CHAPTER  145. 
OF   MARRIAGE. 

Jurisdiction  of  petitions  for  nullity  is  given  if  the  libellant  lias  resided 
here  for  five  years  next  preceding  the  filing  of  the  libel,  unless  he  removed 
here  for  the  purpose.     St.  1886,  c.  36. 

Sect.  24.  The  returns  of  marriages  shall  be  preserved,  filed,  arranged 
and  indexed  conveniently  for  examination   and  reference.     St.   1887,  c. 


202,  § 


CHAPTER   146. 
OF  DIVORCE. 


Statistics  as  to  libels  of  divorce  must  be  furnished  by  the  clerks  of  the 
courts  to  the  secretary  of  State,  who  prepares  abstracts  and  tables  for 
the  legislature.     St.  1882.  c.  194. 

The  superior  court  is  given  exclusive  original  jurisdiction  of  all  causes 
of  divorce  and  nullity  and  validity  of  marriage.     St.  1887,  c.  332,  §  1. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.     St.  1889,  c.  447. 

Divorce  may  be  decreed  for  absence  which  would  raise  a  presumption  of 
death.     St.  1884,  c.  219. 

Sect.  19.  The  application  for  final  decrees  is  to  be  made,  without 
further  notice,  to  the  court,  or  a  justice  of  it,  instead  of  the  clerk.  St. 
1882,  c.  223. 

Sect.  42.  Whoever  procures  or  assists  in  procuring  any  fraudulent 
divorce  or  divorces  out  of  the  State  for  one  who  is  a  resident  is  punished. 
St.  1886,  c.  342. 

Sects.  42-44.  Whoever  advertises  the  business  of  procuring  divorces 
is  punished.     St.  1887,  c.  320. 

CHAPTER  147. 
OF  CERTAIN    RIGHTS   AXD    LIABILITIES   OF    HUSBAND   AND   AVIFE. 

A  wife  shall  have  the  right  of  interment  in  any  lot  or  tomb  which  her 
husband  owned  during  coverture,  unless  she  has  released  it.  St.  1883, 
c.  262. 

Sect.  1.  The  wife  cannot,  without  his  written  consent,  destroy  or  im- 
pair the  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue. 
St.  1889,  c.  204. 

Sects.  1,6.  A  married  women  living  separate  by  decree  may  devise  or 
convey  her  property  free  from  all  rights  in  her  husband.  Sts.  1884, 
c.  301  ;  1885,  c.  255. 

Sect.  3.  The  words  "  husband  and  Avife  shall  not  transfer  property  to 
each  other"  are  so  changed  that  this  chapter  shall  not  "  authorize"  such 
transfer.  The  change  applies  to  all  transfers  made  since  the  enactment  of 
the  Public  Statutes.     St.  1884,  c.  132. 

Sect.  6.  Where  it  has  been  established  by  decree  that  a  married  woman 
is  deserted  or  living  apart  from  her  husband  for  justifiable  cause,  her  will 
cuts  off  his  rights.     St.  1885,  c.  255. 


Table  of  Changes.  1413 

The  will  of  the  wife  cannot  deprive  the  husband  of  his  right  tp  her  real 
estate  to  the  amount  of  five  thousand  dollars  when  she  leaves  no  issue. 
St.  1887,  c.  290,  §  2. 

Sects.  16  et  seq.  Provision  is  made  for  the  release  of  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  c.  245. 

Sects.  31-33,  36.  The  probate  court  shall  have  exclusive  original 
jurisdiction  of  petitions  under  these  sections  and  the  appeal  from  the  pro- 
bate court  shall  be  to  the  superior  court.     St.  1887,  c.  332,  §§  2,  3. 

CHAPTER   148. 

OF  THE  ADOPTION  OF  CHILDREN  AND  THE  CHANGE  OF  NAMES. 

Sects.  12-14.  A  list  of  all  names  changed  by  special  act  or  under  the 
General  or  Public  Statutes  is  to  be  published  and  distributed.  St.  1884, 
c.  249. 

CHAPTER  150. 

OF   THE   SUPREME  JUDICIAL   COURT. 

Sect.  2,  cl.  11.  Double  costs  and  interest  at  twelve  per  cent,  may  be 
given  for  frivolous  appeals  or  exceptions  on  the  motion  of  the  other  party 
or  without  it.     St.  1883,  c.  223,  §  15. 

Sect.  16.  Where  an  appeal  or  exceptions  are  not  entered  the  court 
below  may  affirm  the  judgment.     St.  1888,  c.  94. 

Sects.  21-23,  25.  The  provisions  for  special  terms  for  capital  cases 
are  repealed.     St.  1886,  c.  339. 

Sect.  31.  The  law  term  for  Worcester  is  hereafter  to  be  held  on  the 
third  Monday  after  the  second  Tuesday  of  September,  instead  of  on  the 
third  Tuesday.     St.  1885,  c.  48. 

Sect.  39.  Justices  of  the  supreme  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  three-fourths  of  the 
salary,     St.  1885,  c.  162. 

Each  of  the  justices  is  allowed  five  hundred  dollars  annually  in  full 
compensation  for  travelling  expenses  in  addition  to  his  salarj^.  St.  1888, 
c.  274,  §  1. 

CHAPTER   151. 

OF  THE   SUPREME  JUDICIAL   COURT;   EQUITY  JURISDICTION. 

Sect.  2,  cl.  11.  The  provisions  for  reaching  the  property  of  debtors  are 
extended.  The  debt  may  be  less  than  one  hundred  dollars.  The  interest 
of  a  partner  may  be  reached.     St.  1884,  c.  285. 

Sect.  7.  The  forms  in  equity  are  established.  Suits  in  equity  may  be 
brought  where  transitory  actions  now  ai'e.  No  action  shall  be  defeated 
because  the  form  ought  to  be  law  instead  of  equity,  or  vice  versa.  St.  1883, 
c.  223,  §§  10,  13,  17. 

CHAPTER    152. 
OF   THE   SUPERIOR   COURT. 

Sect.  1.  There  shall  be  thirteen  associate  justices  instead  of  ten  in  the 
superior  court.     Sts.   1886,  c.  31  ;  1888,  c.  58. 

Sect.  3.     The  superior  court  is  given  exclusive  original  jurisdiction  of 


1414  Public  Statutes. 

all  causes  of  divorce  and  nullity  or  validity  of  marriage.     St.  1887,  c.  332, 

Sect.  4.  General  equity  jurisdiction  is  given  and  the  practice  in  equity 
is  regulated.     St.  1883,  c.  223. 

The  return  day  of  process  is  to  be  computed  from  the  service  and  not 
from  the  date.     St.  1884,  c.  316. 

Sect.  5.  The  superior  court  shall  also  have  jurisdiction  of  certain  ap- 
peals from  the  probate  court.     St.  1887,  c.  332,  §  3. 

Sect.  8.  The  affidavit  and  request  for  removal  maj^  be  filed  within  thirty 
days  after  the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  17.  Criminal  terms  are  established  at  Taunton  on  the  first  Mon- 
day of  February  and  of  November  and  at  New  Bedford  on  the  first  Monday 
of  June,  and  the  civil  term  at  New  Bedford  is  changed  from  June  to  May. 
St.  1888,  c.  314. 

The  number  of  criminal  terms  for  Hampden  is  increased  from  two  to 
three.  They  are  to  be  held  on  the  first  Monday  of  May,  the  fourth  Mon- 
day of  September  and  the  third  Monday  of  December.     St.  1885,  c.  27. 

The  criminal  term  in  Essex  on  the  second  Monday  of  May  is  changed  to 
the  first  Monday.     St.  1885,  c.  191. 

Applications  for  a  jury  for  the  assessment  of  damages  for  land  taken  by 
any  town  in  the  counties  of  Nantucket  or  Dukes  county  may  be  made  to 
the  superior  court  in  Bristol  count3^     St.  1887,  c    50. 

The  sittings  of  the  superior  court  for  civil  business  in  Norfolk  are  changed 
from  the  fourth  Mondays  of  April,  September  and  December  to  the  first 
Mondays  of  January,  May  and  October.     St.  1889,  c.  287. 

In  Dukes  county  from  the  last  Tuesday  of  May  to  the  last  Tuesday  of 
April.     St.  1889,  c  308. 

In  Essex  the  September  sitting  is  to  be  adjourned  to  Lawrence  and 
Haverhill.     St.  1889,  c.  461. 

In  Franklin  the  sittings  now  held  on  the  third  Monday  of  March  and  the 
second  Monday  of  August  are  changed  to  the  third  Monday  of  April  and 
the  second  Monday  of  July.     St.  1889,  c.  327. 

Sect.  18.  The  superior  court  in  Plymouth  may  be  adjourned  to  Brock- 
ton, but  no  longer  to  Bridgewater.     St.  1885,  c.  134. 

Sect.  24,  which  provides  that  no  justice  shall  hold  more  than  four  terms 
in  any  one  year  for  the  transaction  of  criminal  business  only,  is  repealed. 
St.  1887,  c.  183. 

Sect.  28.  The' salary  of  the  chief  justice  is  raised  from  $4,800  to  $5,300 
and  that  of  the  other  justices  from  $4,500  to  $5,000.     St.  1882,  c.  205. 

Justices  of  the  superior  court,  after  ten  years'  service  and  after  attain- 
ing the  age  of  seventy  years,  may  retire  on  one-half  of  the  salary.  St. 
1887,  c.  420. 

The  salary  of  the  chief  justice  is  raised  from  $4,800  to  $5,500,  and  that 
of  the  associate  justices  from  $4,500  to  $5,000,  with  $500  for  travelling  ex- 
penses in  each  case.     St.  1888,  c.  274,  §  2. 


Table  of  Changes.  1415 


CHAPTER 

OF  MATTERS  COMMON  TO  THE    SUPREME    JUDICIAL   COURT  AND 
THE   SUPERIOR   COURT. 

Sects.  10,  13.  When  disability  or  death  of  the  justice  prevents  him  from 
signing  bills  of  exceptions,  tliey  may  be  proved  as  if  they  had  been  dis- 
allowed by  him.     St.  1882,  c.  239. 

CHAPTER  154. 
OF   THE  POLICE,  DISTRICT  AND   MUNICIPAL   COURTS. 

Sect.  1.  The  session  of  the  district  court  of  Hampshire,  required  by 
St.  1882,  c.  227,  to  be  held  at  Cummiugton,  is  made  discretionary  with  the 
justice.     St.  1883,  c.  75. 

The  clerk  need  not  attend  except  at  Northampton,  but  makes  his  record 
from  the  minutes  of  the  judge.     St.  1883,  c.  80. 

Sessions  of  the  district  court  of  Northern  Berkshire  are  established  at 
Adams.     St.  1884,  c.  266. 

The  first  district  court  of  Northern  Worcester  shall  be  held  at  Gardner 
and  Athol,  or  either  of  said  towns,  as  public  convenience  may  require, 
instead  of  on  certain  fixed  days.     St.  1888,  c.  212. 

The  district  court  of  Hampshire  shall  be  held  at  Ware  on  Friday  of  each 
week,  instead  of  the  first,  second  and  third  Fridays  of  each  month.  St. 
1889,  0.  122. 

Sect.  2.  For  the  police  court  of  Cambridge  is  substituted  the  third 
district  court  of  Eastern  Middlesex,  including  Cambridge,  Arlington  and 
Belmont.  The  fourth  district  court  of  Eastern  Middlesex  is  established, 
including  Woburn,  Winchester  and  Burlington.     St.  1882,  c.  233. 

Police  courts  are  established  in  Marlborough  and  Brookline.  St.  1882, 
c.  233. 

The  district  court  of  Hampshire  is  established  with  a  district  including 
the  county.     St.  1882,  c.  227. 

The  town  of  Hopkinton  is  taken  from  the  district  of  the  first  district 
court  of  Southern  Middlesex.     St.  1882,  c.  169.  ^ 

The  first  district  court  of  Northern  Worcester  is  established.  St.  1884, 
c.  215. 

The  city  of  Brockton  and  the  towns  of  Bridgewater  and  West  Bridge- 
water  are  made  a  district  for  the  police  court  of  Brockton,  with  a  justice 
at  a  salary  of  $1,600  and  a  clerk  at  $800.  The  first  district  court  at 
Plymouth  is  abolished  and  its  business  is  transferred  to  the  police  court  of 
Brockton.     St.  1885,  c.  155. 

East  Bridgewater  is  annexed  to  the  district  of  the  police  court  of  Brock- 
ton.    St.  1887,  c.  322. 

The  district  court  of  Western  Hampden  is  established,  including  the 
towns  of  Westfield,  Chester,  Granville,  Southwick,  Russell,  Blandford, 
Tolland  and  Montgomery.  The  salary  of  the  judge  is  $1,200,  and  of  the 
clerk  $300.     St.  1886,  c.  190. 

The  second  district  court  of  Essex  is  established  with  a  district  includ- 
ing Amesbury  and  Merrimac.     St.  1888,  c.  193. 


1416  Public  Statutes. 

Stoneham  is  made  a  part  of  the  fourth  district  of  Eastern  Middlesex. 
St.  1889,  c.  312. 

The  town  of  Wilmington  is  transferred  from  the  first  to  the  fourth  dis- 
trict court  of  Eastern  Middlesex.     St.  1888,  c.  59. 

Rockport  is  annexed  to  the  district  of  Gloucester.     St.  1888,  c.  249. 

Sects.  4-10.  The  justices  may  interchange  services  as  they  may  find 
convenient.     St.  1885,  c.  132. 

Sect.  5.  The  police  court  of  Chelsea  is  given  a  clerk.  St.  1882,  c.l76. 
The  second  district  of  Eastern  Middlesex.  St.  1883,  c.  97.  The  district 
court  of  Hampshire.  St.  1883,  c.  80.  The  municipal  court  for  the  Dor- 
chester district.  St.  1885,  c.  79.  The  police  court  of  Brookline.  St. 
1888,  c.  60.     The  third  district  of  Plymouth.     St.  1889,  c.  137. 

The  clerkship  of  the  district  court  of  Southern  Berkshire  is  abolished. 
St.  1884,  c.  231. 

The  district  court  of  Southern  Berkshire  is  given  a  clerk  at  a  salary  of 
$200.     St.  1886,  c.  333. 

The  municipal  court  for  the  West  Eoxbury  district  is  given  a  clerk  at  a 
salary  of  $500.     St.  1887,  c.  274. 

An  assistant  clerk  is  provided  for  the  municipal  court  for  the  South  Bos- 
ton district  at  a  salary  of  S600.     St.  1887,  c.  327. 

Sect.  11.  The  criminal  jurisdiction  of  police  and  district  courts  is 
extended.  Piovision  is  made  for  crimes  committed  near  the  line  of  the 
district.     St.  1885,  c.  322. 

It  is  also  extended  to  cases  under  chapter  57,  relating  to  the  sale  and 
inspection  of  milk.     St.  1885,  c.  149. 

Sect.  16.  This  section,  which  provides  that  writs  from  certain  courts 
may  run  into  other  counties,  is  made  to  apply  to  all  district,  police  and 
municipal  courts.     St.  1885,  c.  45. 

Sects.  18,  19.  Municipal,  district  and  police  courts  are  given  concur- 
rent jurisdiction  with  the  superior  court  over  assaults  with  a  dangerous 
weapon,  indecent  exposure  and  unlicensed  theatrical  exhibitions,  shows 
and  masked  balls,  and  malicious  injuries  to  personal  property  where  the 
value  of  the  property  is  less  than  one  hundred  dollars.     St.  1887,  c.  293. 

Sect.  25.  When  no  justice  is  present  at  a  police  or  district  court  the 
sheriff'or  his  deputy  may  adjourn  it.     St.  1884,  c.  188. 

Sect.  26.  Special  justices  of  the  district  of  Hampshire  are  allowed  their 
travelling  expenses,  not  exceeding  one  hundred  dollars.     St.  1884,  c.  205. 

Sect.  29.  Tlie  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks  as  nearly  uniform  as  may  be  to  be  printed  for  the  sev- 
eral trial  justices  and  police  and  district  courts  in  criminal  cases,  except 
the  East  Boston  district  court  and  the  Chelsea  police  court.  St.  1888, 
e.  285. 

Sect.  30.  Process  is  to  bear  the  teste  of  the  first  justice  who  is  not  a 
party.     St.  1888,  c.  415. 

Sect.  34,  which  requires  the  justice  to  examine  the  accounts  of  the 
clerk,  is  repealed,  that  duty  being  now  performed  by  the  controller  of 
accounts.     St.  1887,  c.  438,  §  8. 

Sect.  36.  This  section  is  arnended  to  require  the  witness  fees  to  be 
paid  in  criminal  proceedings  and  inquests  at  the  termination  of  the  trial, 


Table  of  Changes. 


1417 


an  advance  being  made  by  the  county  treasurer  if  necessary.  It  applies 
to  all  the  lower  courts  except  the  municipal  court  of  Boston.  St.  1888, 
c.  180. 

Sect.  39.  Section  52  of  this  chapter  requiring  a  bond  instead  of  a 
recognizance  is  extended  to  the  other  municipal,  police  and  district  courts. 
St.  1882,  c.  95. 

Sect.  42.  The  justices  of  the  several  municipal  courts  of  Boston  may 
act  for  each  other  in  certain  cases.     St.  1882,  c.  43. 

Winthrop  is  added  to  the  East  Boston  district.     St.  1882,  c.  146. 

The  municipal  court  of  the  East  Boston  district  is  abolished,  and  the 
East  Boston  district  court  substituted ;  the  town  of  Winthrop  being  added 
to  the  district.     The  new  court  has  a  clerk.     St.  1886,  c.  15. 

Sect.  55.  The  number  of  associate  justices  of  tlie  municipal  court  in 
Boston  shall  be  four.     Sts.  1882,  c.  41  ;  1888,  c.  419,  §  11. 

Sect.  58.  The  clerk  of  the  municipal  court  in  Boston  for  criminal 
business  is  paid  $1,900  instead  of  $1,600,  to  be  expended  for  extra  clerical 
assistance.     St.  1883,  c.  47. 

The  clerk  of  the  municipal  court  of  Boston  for  civil  business  shall  be 
paid  one  thousand  dollars  in  addition  to  the  amount  which  he  now  receives. 
St.  1888,  c.  419,  §  13. 

A  second  assistant  to  the  clerk  for  civil  business  at  a  salary  of  $1,600 
per  year  may  be  appointed.     St.  1885,  c.  42,  §  2. 

A  fifth  assistant  clerk  may  be  appointed.     St.  1885,  c.  137. 

Sect.  62.  An  additional  session  may  be  held  by  the  special  justice 
when  requested  by  the  chief  or  senior  justice,  he  receiving  $10  per  day 
therefor.     St.  1885,  c.  42. 

Sect.  64.     The  salaries  of  the  justices  are  increased  as  follows  :  — 


Central  Berkshire,  1887,  e.  190, 

From 

$1,200 

To 

$1,600 

Northern  Berkshire,  1887,  c,  61, 

1,000 

1,200 

Southern  Berkshire,  1884,  c.  231, 

800 

1,200 

Boston,  1887,  c.  163,  Chief,   . 

3,000 

4,300 

"          "         "         Associate, 

3,000 

4,000 

Brighton,  1885,  c.  49,     . 

1,200 

1,600 

Third  Bristol,  1889,  c.  54,      . 

1,400 

1,800 

Brockton,  1885,  c.  155,  . 

- 

J, 600 

Brookline,  1882,  c.  233, 

- 

800 

Brookline,  1884,  c.  211, 

800 

1,000 

Charlestown,  1889,  c.  227,     . 

1,800 

2,000 

1418 


Public  Statutes. 

Justices'  Salaries  —  Continued. 


From 

To 

Dorchester,  1885,  c.  79, 

$1,200 

$1,600 

East  Boston,  1882,  c.  245  ;  1886,  e.  15 

1,200 

1,800 

First  Bristol,  1884,  c.  220;  1889,  c.  261, 

1,400 

1,800 

First  Essex,  1882,  c.  215, 

1,600 

1,800 

Fitchburg,  1882,  c.  245  ;  1889,  c.  97,     . 

1,000 

1,500 

Gloucester,  1888,  c.  234, 

1,400 

1,600 

Eastern  Hampden,  1889,  c.  130, 

800 

1,200 

Western  Hampden,  1886,  c.  190, 

- 

1,200 

Hampshire,  1882,  c.  227, 

- 

2,800 

Haverhill,  1882,  c.  245, 

1,400 

1,800 

Holyoke,  1886,  c.  151, 

1,500 

1,800 

Lawrence,  1888,  c.  110, 

1,800 

2,000 

Lowell,  1886,  c.  307, 

1,800 

2,300 

Lynn,  1886,  c.  154, 

1,600 

1,800 

Marlborough,  1882,  c.  233, 

- 

1,000 

First  Eastern  Middlesex,  1882,  c.  245  ;  1886,  c.  166,    . 

1,200 

1,800 

Second  Eastern  Middlesex,  1886,  c.  123, 

1,200 

1,500 

Third  Eastern  Middlesex,  1882,  e.  233, 

- 

2,200 

Fourth  Eastern  Middlesex,  1882,  c.  233, 

- 

1,200 

First  Northern  Middlesex,  1889,  c.  198, "... 

800 

1,000 

First  Southern  Middlesex,  1889,  e.  12,          ... 

1,200 

1,500 

Xewburyport,  1882,  c.  245, 

700 

1,200 

East  Norfolk,  1889,  c.  263, 

1,200 

1,500 

Fourth  Plymouth,  1889,  c.  281, 

800 

1,000 

Roxbury,  1889,  c.  217, 

2,000 

2,500 

Somerville,  1882,  c.  245  ;  1887,  c.  180 

1,200 

1,500 

Table  of  Chaxges. 

Justices'  Salaries  —  Concluded. 


1419 


From 

To 

South  Boston,  1882,  c.  245  ;  1889,  c.  242,      . 

$1,800 

$2,500 

Springfield,  1887,  c.  171, 

1,800 

2,000 

West  Roxbuiy,  1883,  c.  Ill, 

1,200 

1,600 

Central  Worcester,  1888,  c.  50, 

2,500 

3,000 

First  Eastern  Worcester,  1884,  c.  208,  .... 

800 

1,000 

Second  Eastern  Worcester,  1882,  c.  245  ;  1889,  c.  158, 

800 

1,200 

First  Northern  Worcester,  1884,  c.  215, 

- 

1,200 

Second  Southern  Worcester,  1888,  c.  173,    . 

1,200 

.       1,400 

Third  Southern  Worcester,  1882,  c.  245, 

1,400 

1,600 

The  salary  of  the  justice  of  the  district  court  of  Hampshire  is  reduced 
from  $2,800  to  $2,300,  he  being  given  a  clerk.     St.  1883,  c.  75. 
The  salaries  of  the  clerks  are  increased  as  follows  :  — 


Central  Berkshire,  1882,  c.  245,    . 

Northern  Berkshire,  1887,  c.  61 ;  1888,  c.  89, 

Southern  Berkshire,  1886,  c.  333  ;  1887,  c.  227, 

Boston,  Civil,  1882,  c.  245,    . 

Boston,  Civil,  first  assistant,  1889,  c.  39, 

Boston,  Civil,  second  assistant,  1889,  c.  143, 

Boston,  Civil,  third  assistant,  1889,  c.  170, 

Boston,  Criminal,  1885,  c.  137, 

Boston,  Assistant  Criminal,  1885,  c.  137, 

First  Bristol,  1889,  c.  261,      . 

Third  Bristol,  1889,  c.  41,      . 

Brockton,  1885,  c.  155,  .... 

Brookline,  1888,  c.  60,   . 


500 

2,250 

1,800 

2,250 

1,000 
800 


800 

500 

3,000 

2,500 

2,000 

1,000 

3,000 

1,400 

1,100 

1,000 

800 

500 


1420 


Public  Statutes. 

Clerks'  Salaries  —  Continued. 


From 

To 

Charlestown,  1887,  c.  175, 

$1,200 

$1,300 

Chelsea,  1882,  c.  176  ;  1884,  c.  197  ;  1887,  c.  117, 

- 

1,000 

Dorchester,  1885,  c.  79;  1886,  c.  124,    .        .        .        . 

- 

900 

East  Boston,  1882,  c.  245  ;  1886,  c.  15,          ... 

1,000 

1,400 

First  Essex,  1882,  c.  245, 

1,000 

1,300 

Fitchburg,  1882,  e.  245  ;  1889,  c.  289,   .... 

500 

800 

Gloucester,  1883,  c.  53  ;  1888,  e.  235,    .... 

600 

1,000 

Western  Hampden,  1886,  c.  190 ;  1888,  e.  88, 

- 

500 

Hampshire,  1883,  e.  80  ;  1886,  c.  106,   .... 

- 

1,000 

Haverhill,  1882,  c.  245  ;  1888,  c.  55,      . 

600 

1,000 

Holyoke,  1884,  c.  65  ;  1887,  e.  318,        .... 

750 

1,350 

Lawrence,  1887,  c.  208, 

1,000 

1,200 

Lowell,  1882,  c.  63  ;  1886,  c.  307, 

1,000 

1,800 

Lowell,  Assistant,  1889,  c.  152, 

- 

1,000 

Marlborough,  1882,  c.  233  ;  1889,  c.  19,        .        .        . 

- 

500 

First  Eastern  Middlesex,  1882,  c.  87  ;  1886,  e.  167,      . 

800 

1,300 

Second  Eastern  Middlesex,  1883,  c.  97  ;  1885,  c.  180 ; 
1888,  c.  233, 

400 

700 

Third  Eastern  Middlesex,  1882,  c.  233  ;  1886,  c.  165,  . 

- 

1,400 

Fourth  Eastern  Middlesex,   1882,  c.  233;    1887,   c. 
174, 

- 

800 

First  Northern  Middlesex,  1888,  c.  214, 

400 

600 

First  Southern  Middlesex,  1886,  c.  156, 

600 

800 

Newburyport,  1882,  c.  245  ;  1889,  c.  277,      . 

600 

800 

Newton,  1886,  c.  158, 

500 

700 

East  Norfolk,  1888,  c.  54, 

600 

700 

First  Plymouth,  1883,  c.  57, 

500 

600 

Table  of  Changes. 

Clerks'  Salaries  —  Concluded. 


1421 


■ 

From 

To 

Third  Plymouth,  1889,  c.  137, 

- 

$500 

Roxbury,  Assistant,  1889,  c.  239, 

- 

1,000 

Somerville,  1882,  c.  245  ;  1887,  c.  265, .... 

$600 

1,000 

South  Boston,  1882,  c.  245, 

1,200 

1,400 

South  Boston,  Assistant,  1887,  c.  327,   .... 

- 

600 

Springfield,  1886,  c.  155  ;  1889,  c.  28,  . 

1,000 

1,400 

West  Roxbury,  1887,  c.  274  ;  1889,  c.  92,      . 

- 

800 

Central  Worcester,  Clerk,  1889,  e.  83,   .... 

2,000 

2,250 

Central  Worcester,  Assistant,  1882,  e.  245,  . 

800 

1,000 

Second  Eastern  Worcester,  1882,  c.  245  ;  1889,  c.  218, 

400 

600 

First  Northern  Worcester,  1884,  c.  215, 

- 

600 

First  Northern  Worcester,  1885,  c.  286, 

600 

800 

Of  the  constables  :  — 


Boston,  Civil  (2),  1882,  c.  245  ; 

1886,  c.  130, 

From 

$1,000 

To 

$1,200 

Boston,  Criminal    (6),   1882, 
1888,  c. 195,     . 

c.   245;  1886,   c. 

130; 

1,200 

1,500 

Brighton,  1886,  c.  148,  . 

. 

800 

1,000 

Charlestown,  1886,  c.  136,     . 

. 

800 

1,000 

East  Boston,  1882,  c.  245,      . 

. 

1,000 

1,100 

South  Boston,  1882,  c.  245,    . 

. 

1,000 

1,100 

Roxbury,  1882,  c.  245  ;  1889,  c 

174,      .         . 

1,000 

1,200 

West  Roxbury,  1886,  c.  148, 

• 

800 

1,000 

The  clerk  of  the  fourth  district  court  of  Plymouth  is  allowed  his  travel- 
ling expenses  not  exceeding  one  hundred  dollars.     St.  1884,  c.  204. 

The  clerks  of  the  Lowell  police  court  and  of  the  central  district  court  of 


1422  Public  Statutes. 

Worcester  are  allowed  not  exceeding  five  hundred  dollars  for  extra  clerical 
assistance.  St.  1888,  cc.  184.  246.  And  the  clerk  of  the  first  district 
court  of  Eastern  Middlesex  not  exceeding  seven  hundred  dollars.  St. 
1889,  c.  317.  And  the  clerk  of  the  municipal  court  for  the  Charlestown 
district  and  of  the  second  district  court  of  Bristol  not  exceeding  five  hun- 
dred dollars  each.     St.  1889,  cc.  62,  206. 

Clerks  pro  tempore  of  municipal,  police  and  district  courts  shall  receive 
pay  at  the  same  rate  as  the  permanent  clerk,  fourteen  days  being  paid  by 
the  county  and  any  excess  by  the  clerk.     St.  1888,  c.  352. 

CHAPTER  155. 
*       OF  JUSTICES  OF  THE  PEACE  AND  TRIAL  JUSTICES. 

Sect.  3,  which  authorizes  them  to  summon  witnesses,  is  redrawn.  St. 
1885,  c.  141. 

Sect.  4.  The  power  of  justices  authorized  to  issue  warrants  is  modified. 
St.  1884,  c.  286. 

Sects.  7-11.  Provision  is  made  for  the  preservation  of  the  dockets, 
records  and  other  official  papers  of  trial  justices.     St.  1888,  c.  211. 

Sect.  28.  The  appeal  now  runs  to  the  return  day.  St.  1885,  c.  384, 
§5. 

Sects.  43-66.  Trial  justices  have  the  same  jurisdiction  to  sentence  male 
persons  to  the  Massachusetts  reformatory  which  district  courts  have.  St. 
1885,  c.  356. 

They  shall  have  jurisdiction  of  cases  under  chapter  57  relating  to  the 
sale  and  inspection  of  milk.     St.  1885,  c.  149. 

Sect.  49.  Trial  justices  may  not  commit  children  under  twelve  to  a  jail, 
house  of  correction,  house  of  industry  or  State  workhouse,  except  for 
offences  punishable  by  imprisonment  for  life.     St.  1882,  c.  127,  §  1. 

Sect.  69.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks,  as  nearly  uniform  as  may  be,  to  be  printed  for  the  use 
of  trial  justices  and  police  and  district  courts  in  criminal  cases,  except  the 
East  Boston  district  court  and  the  Chelsea  police  court.     St.  1888,  c.  285. 

Sect.  78  is  repealed.  Trial  justices  may  pay  over  money  in  their  hands 
four  times  a  year  and  make  returns  to  the  controller  of  accounts.  St. 
1887,  c.  438. 

CHAPTER  156. 

OF  PROBATE  COURTS. 

Any  act  or  proceeding  of  the  probate  court  which  it  had  power  to  do  in 
the  first  instance  may  be  confirmed.     St.  1888,  c.  420. 

Sect.  2.  The  probate  court  is  given  exclusive  original  jurisdiction  of 
petitions  of  married  women  concerning  their  separate  estate,  and  of  peti- 
tions under  chapter  147  concerning  the  care,  custody,  education  and  main- 
tenance of  minors.     St.  1887,  c.  332,  §  2. 

Sects.  7,  8.  The  provisions  as  to  the  mode  of  entering  appeals  and 
giving  notice  are  revised.     St.  1888,  c.  290,  §§  1,  2. 

Appeals  from  different  accounts  may  be  entered  as  one  or  may  be  con- 
solidated and  treated  as  one  by  the  court.     St.  1888,  c.  290. 


Table  of  Changes.  1423 

Sects.  22,  23.  The  probate  judge  in  Suffolk  may  appoint  a  constable  of 
the  city  of  Boston  to  attend  his  court  and  serve  orders  and  precepts.  His 
salary  is  $1,200.     St.  1884,  c.  140. 

His  salary  is  increased  from  $1,200  to  $1,300.     St.  1887,  c.  156. 

Sect.  35.  In  probate  cases  expenses  as  well  as  costs  may  be  awarded. 
St.  1884,  c.  131. 

Sect.  44.  The  limit  of  expense  of  recording  probate  proceedings  in 
Suffolk  is  raised  from  $1,200  to  $2,800.     Sts.  1884,  c.  118  ;  1887,  c  217. 

Sect.  48.  When  the  regular  term  falls  on  a  legal  holiday  or  on  election 
day  it  shall  be  held  on  the  day  after,  and  notices  to  the  I'egular  term  shall 
be  deemed  to  be  then  returnable.     St.  1884,  c.  141. 

In  Hampden  the  court  day  is  changed  from  Tuesday  to  Wednesday,  and 
a  session  at  Springfield  in  November  is  added,  and  four  days  are  given  to 
Holj^oke.     St.- 1884,  c.  294. 

Four  sessions  of  the  probate  court  in  Hampshire  are  to  be  held  at  Ware. 
St.  1886,  c.  145. 

The  session  for  the  county  of  Plymouth  held  on  the  fourth  Monday 
of  August  is  transferred  from  Middleborough  to  Wareham.  St.  1887, 
c.  63. 

Probate  courts  are  to  be  held  at  Plymouth  on  the  second  Monday  of  every 
month  except  August,  and  at  Brockton  on  the  fourth  Monday  of  every 
month  except  July.     St.  1889,  c.  237. 

The  change  in  the  time  of  the  probate  courts  in  Plymouth  does  not  take 
effect  until  May  1.     St.  1889,  c.  269. 

The  probate  courts  shall  be  held  at  Lowell  on  the  fourtli  Tuesday  of 
every  month  except  August,  instead  of  every  other  month.  St.  1889, 
c.  182. 

A  session  is  to  be  held  at  Orange  for  the  county  of  Franklin  on  the 
fourth  Tuesday  of  September.     St.  1887,  c.  46. 

CHAPTER    157. 
OF   COURTS   OF  INSOLVENCY. 

Provision  is  made  for  composition  with  creditors.  It  does  not  apply  to 
corporations.     St.  1884,  c.  236. 

The  provisions  as  to  composition  with  creditors  are  amended.  St.  1885, 
c.  353. 

Special  judgments  may  be  entered  in  cases  where  composition  proceed- 
ings are  had.     St.  1888,  c.  405. 

In  composition  proceedings  the  notice  by  the  register  is  made  the  com- 
mencement of  the  proceedings.     St.  1889.  c.  406,  §  1. 

In  composition  proceedings  the  discharge  dissolves  any  attachment  made 
within  four  months  prior  to  the  notice  by  the  register.  St.  1889,  c. 
406,  §  2. 

Section  6  of  St.  1884,  c.  236,  is  amended  so  that  the  debtor  may  file  a 
modification  of  his  proposal,  which  shall  be  considered  as  a  new  proposal, 
and  new  notice  shall  then  be  sent  to  the  creditors.     St.  1889,  c.  406,  §  3. 

Sect.  19.  If  tlie  schedules  by  accident  or  mistake  are  not  delivered 
within  the  three  days,  they  may  be  afterwards.     Delay  or  omission  without 


1424  Public  Statutes. 

fault  of  the  debtor  does  not  affect  his  right  to  a  discharge.  St.  1886, 
c.  290. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  c.  293. 

Sects.  36-91.  The  appeal  is  to  be  entered  at  the  next  return  day.  St. 
1885,  c.  384,  §  5. 

Sect.  40.  Non-resident  assignees  must  appoint  an  agent  resident-  here 
on  whom  service  may  be  made.     St.  1889,  c.  313. 

Sect.  46.  Voluntary  assignments  are  made  valid  against  the  assignee 
in  certain  cases.     St.  1887,  c.  340. 

The  trustees  in  voluntary  assignments  must  at  once  give  notice  to  all 
known  creditors.     St.  1887,  c.  340,  §  2. 

A  mortgage  recorded  more  than  four  months  after  its  date  is  not  valid 
against  the  assignee  of  the  mortgagor  appointed  in  proceedings  begun  after 
its  date  and  within  one  year  after  the  recording  thereof.     St.  1888,  c.  393. 

Sect.  80.  The  delay  or  omission  to  deliver  the  schedule  of  creditors  if 
without  fault  of  the  debtor  does  not  prevent  his  discharge.  St.  1886, 
c.  290. 

Special  judgments  may  be  entered  where  property  is  held  by  attachment, 
and  if  the  discharge  is  not  granted  or  is  not  seasonably  asked  for,  scire 
facias  may  issue  for  the  remainder  of  the  debt.     St.  1885,  c.  59. 

Sect.  84.  No  debt  or  claim  against  a  pledgee  created  by  an  unauthor- 
ized sale  of  the  collateral  shall  be  discharged.     St.  1885,  c.  353,  §  6. 

Sect.  93  is  amended  by  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  1886,  c.  322. 

Sects.  96  et  seq.  Any  mortgage,  pledge  or  payment  for  legal  services 
rendered  or  to  be  rendered  shall  be  valid  for  such  sum  as  the  court  shall 
deem  reasonable.     St.  1889,  c.  420. 

Sect.  99.  If  the  debtor  is  absent  or  does  not  apply  for  an  allowance  it 
may  be  made  to  his  wife  or  minor  children.     St.  1888,  c.  67. 

Sect.  102.  Accounts  of  assignees  in  insolvency  must  be  sworn  to  by 
the  assignees  or  one  of  them.     St.  1884,  c.  126. 

Sect.  103.  Provision  is  made  for  the  investment  of  unclaimed  dividends 
in  the  name  of  the  judge.     St.  1883,  c.  242. 

Sect.  127.  Provision  is  made  for  the  repayment  of  the  deposit  when  it 
is  made  by  a  person  other  than  the  insolvent.     St.  1889,  c.  417. 

CHAPTER    158. 
OF  JUDGES   AND  REGISTERS   OF  PROBATE   AND  INSOLVENCY. 

Sect.  23.  The  salary  of  the  judge  in  Middlesex  is  raised  from  $2,500 
to  $4,000.     Sts.  1882,  c.  129  ;  1886,  c.  184  ;  1889,  c.  251. 

In  Essex,  from  |2,500  to  $3,500.  Sts.  1883,  c.  244  ;  1888,  c.  112.  In 
Bristol,  from  $1,800  to  $2,500.  Sts.  1885,  c.  165;  1889,  c.  211.  In 
Worcester,  from  $2,500  to  $3,000.  St.  1885,  c.  275.  In  Dukes  county, 
from  $500  to  $600.  St.  1885,  c.  318.  In  Suffolk,  from  $4,000  to  $5,000. 
St.  1885,  c.  203.  In  Plymouth,  from  $1,500  to  $2,000.  St.  1886,  c.  183. 
In  Hampden,  from  $2,000  to  $2,500.  St  1886,  c.  189.  In  Barnstable, 
from  $1,000  to  $1,200.  St.  1887,  c  166.  In  Norfolk,  from  $2,000  to 
$2,500.     St.  1887,  c.  72. 


Table  of  Changes.  1425 

Of  the  judge  and  register  of  probate  for  Berkshire,  respectively,  from 
$1,200  to  $1,600.     St.  1884,  e.  192. 

Of  the  assistant  register  in  Suffolk,  from  $1,500  to  $2,000.  St.  1882, 
c.  144.  In  p:ssex,  from  $1,500  to  $1,800.  St.  1887,  c.  273.  In  Middle- 
sex, from  $1,500  to  $1,800.  St.  1887,  c.  259.  In  Worcester,  from  $1,500 
to  $1,800.     St.  1888,  c.  152. 

Of  the  register  in  Hampden  county,  from  $1,600  to  $1,800.,  St.  1884, 
c.  248. 

Sects.  23,  24.  A  sum  not  exceeding  $1,500  additional  is  allowed  for 
clerical  assistance  in  Middlesex  county.  St.  1885,  c.  304.  In  Worcester, 
$1,350.  St.  1887,  c.  39;  1889,  c.  209.  In  Suffolk,  $3,300.  Sts.  1885, 
c.  205  ;  1888,  c.  280  ;  1889,  c.  418.  In  Essex,  $1,000.  St.  1886,  c.  114. 
In  Bristol,  $400.    St.  1889,  c.  136. 

Sect.  24.     This  section  shall  not  apply  to  Suffolk.     St.  1885,  c.  205. 

CHAPTER    159. 

OF  CLERKS,  ATTORNEYS  AND  OTHER  OFFICERS  OF  JUDICIAL 

COURTS. 

Clerks  of  the  superior  court  and  of  the  municipal  court  of  Boston  may 
use  a  fac-simile  of  their  signatures  upon  writs,  summons,  orders  of  notice 
to  appear  and  orders  of  attachment,  but  not  on  executions.    St.  1885,  c.  321. 

Sects.  8,  9.  A  third  assistant  clerk  of  the  superior  court,  civil  session, 
in  Suffolk  is  to  be  appointed  at  a  salary  of  $2,500.     St.  1888,  c.  153. 

A  fourth  assistant  clerk  of  the  superior  court  for  civil  business  in  Suffolk 
may  be  appointed  at  a  salary  of  $2,500.     St.  1889,  c.  50, 

A  second  assistant  clerk  shall  be  appointed  in  Middlesex  and  in  Essex. 
Sts.  1889,  cc.  11,  444. 

Where  there  are  two  or  more  assistant  clerks,  they  need  not  add  first  or 
second  to  their  signatures.     St.  1889,  c.  215. 

Sect.  27.  The  clerks  need  not  ren-der  an  account  of  their  fees  to  the 
couuty  treasurer  in  January.     St.  1888,  c.  257,  §  9. 

Sects.  28-30.  The  salaries  of  the  clerks  of  the  courts  in  the  counties 
are  established,  and  are  to  be  paid  by  the  county  treasurer,  and  shall  be  in 
full  for  all  services  performed  by  them.     St.  1888,  c.  257,  §§1,2. 

Sects.  28,  29.  The  clerk  of  the  supreme  judicial  court  for  the  county  of 
Suffolk  is  given  a  salary  of  $5,000  and  must  pay  over  all  fees.  He  shall  act 
as  clerk  for  the  court  when  sitting  in  Boston  for  cases  from  other  counties, 
except  when  sitting  as  a  full  court,  and  for  this  receives  $1,500.  St.  1887, 
c.  291. 

The  books  and  accounts  of  the  clerks  are  determined.  St.  1888, 
c.  257,  §  4. 

Sect.  31.  The  salary  of  the  first  assistant  clerk  of  the  superior  court 
for  civil  business  in  the  county  of  Suffolk  is  raised  from  $2,500  to  $2,600. 
St.  1887,  c.  199. 

The  salary  of  the  second  assistant  clerk  for  civil  business  is  raised  from 
$2,000  to  $2,500.     St.  1885,  c.  250. 

Sect.  34.  The  provisions  relating  to  the  qualification  and  admission  to 
practice  of  attorneys-at-law  apply  to  women.     St.  1882,  c.  139. 


1426  Public  Statutes. 

The  fee  for  admission  to  the  bar  shall  be  five  dollars.  St.  1888,  c.  257, 
§5. 

Sect.  44.  The  clause  forbidding  any  person  to  appear  as  counsel  or 
attorney  in  any  suit  determined  by  him  as  judge  or  trial  justice  is  extended 
to  any  proceeding,  civil  or  criminal.     St.  1884,  c.  170. 

Sfx't.  50.  The  compensation  of  masters  and  special  masters  in  chancery 
and  of  assessors  appointed  by  the  court  is  paid  by  the  county.  St.  1883, 
c.  216.  And  also  of  referees.  St.  1886,  c.  51.  And  also  the  fees  of 
arbitrators  under  chapter  188  upon  whose  awards  judgment  is  entered. 
St.  1887,  c.  289. 

They  have  no  fees  unless  their  report  is  filed  within  ninety  days.  St. 
1888,  c.  282. 

Sect.  51.  The  probate  court  may  appoint  auditors  in  certain  cases. 
St.  1888,  c.  311. 

The  fee  for  a- rule  to  an  auditor  shall  be  one  dollar.  St.  1888,  c. 
257,  §  5. 

Sects.  56-63.  Provision  is  made  for  continuing  the  publication  of  the 
reports.  The  salary  of  the  reporter  is  increased  from  S300  to  $4,000, 
and  the  price  of  the  reports  is  reduced  to  $1.50  per  copy.     St.  1889,  c.  471. 

Sect.  67.  The  number  of  officers  for  each  session  held  without  juries 
is  increased  from  two  to  three.  The  officers  appointed  under  this  section 
shall  have  the  power  to  serve  venires  for  jurors  and  the  processes  of  said 
court,  being  paid  their  actual  expenses.  They  shall  give  bond.  St.  1888, 
c.  357. 

Sect.  68.  Deputies  in  attendance  on  the  supreme  judicial  court  in 
Suffolk,  not  exceeding  four  in  number,  are  paid  a  salary  of  $1,700  instead 
of  $4.50  per  day  and  travel.     Sts.  1882,  c.  232  ;  1886,  c.  37. 

Officers  in  attendance  upon  the  probate  courts  or  courts  of  insolvencj^ 
are  included  in  this  section  and  paid  $4.00  per  day  and  travel.  St.  1887, 
c.  243. 

Additional  officers  are  paid  for  travel  and  service  actually  performed. 
St.  1882,  c.  232. 

Sect.  69.  Officers  attending  the  superior  court  are  paid  $1,500  instead 
of  $1,400  as  before.     St.  1882,  c.  245,  §  3. 

The  deputy  sheriffs  and  constables  in  attendance  at  the  superior  court  in 
Suffolk  shall  wear  uniforms  for  which  they  are  allowed  $100  annually. 
St.  1H88,  c.  371. 

Officers  and  messengers  of  the  superior  court  in  Suffolk  are  to  be  paid 
$1,700  instead  of  $1,400.     St.  1886,  c.  37. 

The  superior  court  may  appoint  official  stenographers  in  each  county. 
Their  duties  are  defined.     They  may  be  removed.     St.  1885,  c.  291. 

The  fees  of  the  official  stenographers  are  increased.     St.  1887,  c.  74. 

The  provision  for  stenographers  in  Suffolk  is  revised.     St.  1887,  c.  24. 

The  salaries  of  the  official  stenographers  are  increased  from  $2,000  to 
$2,500.     St.  1889,  c.  324. 


Table  of  Changes.  1427 


CHAPTER   160. 

SPECIAL   PROVISIONS    RESPECTING    COURTS    AND    THE    ADMINIS- 
TRATION  OF  JUSTICE. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open  on 
the  day  following.     St.  1882,  c.  49. 

The  first  Monday  of  September,  labor's  holiday,  is  made  a  legal  holiday. 
St.  1887,  c.  263. 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised  and  jurisdiction 
given  to  the  lower  courts.     St.  1885,  c.  345. 

If  the  applicant  for  naturalization  does  not  live  in  the  district  of  any 
police,  municipal  or  district  court,  he  may  apply  to  the  court  held  nearest 
to  the  town  in  which  he  resides.     St.  1886,  c.  203. 

Sect.  9.  This  section  is  repealed.  Primary  declarations  may  be  filed 
at  any  time,  and  the  oath  admiuistered  at  the  time  of  filing.  St.  1886, 
c.  45. 

The  returns  of  naturalizations  made  to  the  secretary  need  not  be  printed. 
St.  1887,  c.  36. 

CHAPTER  161. 

OF  THE  COMMENCEMENT  OF  ACTIONS  AND  THE  SERVICE  OF 

PROCESS. 

Sect.  1.  The  venue  of  equity  suits  is  the  same  as  that  of  transitory 
actions.     St.  1883,  c.  223,  §  13. 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  are  given  power 
in  certain  cases  to  change  the  venue  of  actions.     St.  1887,  c.  347. 

Sect.  10.  The  motion  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  13.  A  fac-simile  of  the  clerk's  signature  may  be  used  on  writs 
and  orders,  except  executions.     St.  1886,  c.  13. 

Sects.  13  et  seq.  Justices  of  the  supreme  or  superior  courts  may  order 
writs  or  other  process  to  be  issued  by  the  clerk  of  the  county  where  he  is 
sitting,  instead  of  by  the  clerk  of  that  in  which  the  cause  is  pending.  St. 
1886,  c.  223. 

Sect.  23.  Writs  are  to  be  made  returnable  on  the  first  Monday  of  each 
month,  terms  being  abolished.     St.  1885,  c.  384,  §§  1,2. 

Sect.  27.  Writs  run  to  a  return  day  instead  of  a  term.  St.  1885,  c. 
384,  §  5. 

Sect.  62.  The  copies  of  the  writ,  etc.,  where  an  attachment  of  real 
estate  is  made,  are  to  be  deposited  in  the  registry  of  deeds  in  all  cases, 
instead  of  in  the  clerk's  office  in  some  counties.     St.  1889,  c.  401. 

Sects.  l22  et  seq.  Bonds  to  dissolve  attachments  must  contain  an  addi- 
tional provision  for  special  judgments  in  cases  of  composition.  St.  1888, 
c.  405. 

Sects.  123-125.  AVhere  the  principal  is  discharged  in  insolvency,  in 
proceedings  begun  within  four  months,  it  discharges  the  sureties.  St. 
1889,  c.  470. 


1428  Public  Statutes. 

CHAPTER   162. 
OF  ARREST,  IMPRISONMENT  AND  DISCHARGE. 

All  notices,  certificates,  and  other  processes  where  the  court  has  a  clerk 
shall  be  under  the  seal  of  the  court,  signed  by  the  clerk  and  bear  teste  of 
the  justice.     St.  1889,  c.  415,  §  2. 

Sects.  17,  18,  25,  27,  28,  31,  34,  54.  Courts  of  record  or  police,  dis- 
trict or  municipal  courts  or,  except  in  the  county  of  Suffolk,  trial  justices 
are  given  exclusive  jurisdiction  of  poor  debtor  proceedings,  but  masters 
in  chancery  and  commissioners  may  take  recognizances.     St.  1888,  c.  419. 

Sects.  18-20.  The  same  steps  of  notice  and  examination  must  be  had 
where  the  other  charges  in  section  17  are  made  which  are  now  provided  for 
the  first  charge.     St.  1887,  c.  442,  §§  1,  2. 

Sect.  18.  The  notices  may  be  served  by  any  oflScer  qualified  to  serve 
civil  process.     St.  1889,  c.  415,  §  1. 

Sect.  20.  The  expiration  of  the  time  for  the  return  of  the  original  exe- 
cution does  not  interrupt  the  proceedings,  but  an  arrest  may  be  ordered 
upon  an  alias.  If  the  time  expires  after  the  order  and  before  the  arrest,  a 
certified  copy  of  the  certificate  is  to  be  attached  to  the  alias.  St.  1889,  c. 
415,  §  3. 

Certain  transfers  of  property  after  the  service  of  the  notice  and  pend- 
ing the  proceedings  thereon  are  a  contempt  of  court.  St.  1888,  c.  419, 
§3. 

Sects.  27  et  seq.  There  shall  be  no  unreasonable  delay  in  acting  on  the 
part  of  the  court.  No  appeal  is  allowed  except  as  provided  in  this  chapter. 
St.  1888,  c.  419,  §  12. 

If  the  arrest  is  made  when  the  court  is  not  in  session,  and  the  debtor 
does  not  wish  to  give  bail  or  recognize,  he  may  be  delivered  to  the  keeper  of 
the  jail,  who  detains  him  until  the  next  coming  in  of  the  court  and  then 
re-delivers  him  to  the  officer.     St.  1889,  c.  415,  §  5. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disability  of  the  magistrate  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  c.  442,  §§  3,  4.  ■ 

Sect.  33.  Where  a  discharge  is  refused  no  new  notice  or  application 
can  be  made  until  the  expiration  of  seven  days  from  the  hour  of  such 
refusal.     St.  1888,  c.  419,  §  8. 

Sect.  36.  Provision  is  made  for  the  confinement  of  the  person  arrested 
pending  his  examination.     St.  1889,  c  415,  §  4. 

The  fees  of  the  court,  magistrate  and  officer  are  fixed.  All  fees  received 
by  the  justice  or  clerk  of  any  court  are  to  be  accounted  for.  St.  1889,  c. 
415,  §§  6,  7. 

Sect.  68.  The  fees  are  changed  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.     St.  1888,  c.  419,  §  13. 


Table  of  Chaxges.  1429 

CHAPTER    163.' 

OF  BAIL. 

Sect.  12.  The  bail  is  also  discharged  on  pa3'iug  costs  if  the  principal 
dies.     St.  1884,  c.  2G0. 

CHAPTER    164. 

OF     PROCEEDINGS     AGAINST     ABSENT     DEFENDANTS     AND     UPON 
INSUFFICIENT   SERVICE. 

Sect.  6.  When  real  estate  of  a  non-resident  is  attached  notice  must  be 
given  him  within  one  year  or  the  suit  must  be  dismissed.     St.  1884,  c.  268. 

Sect.  7.  A  default  is  entered  on  failure  to  appear  within  ten  days  after 
the  day  specified  in  the  notice.     St.  1885,  c.  384,  §  8. 

CHAPTER    167. 
OF  PLEADING  AND  PRACTICE. 

Terms  of  the  courts  are  abolished,  but  sittings  shall  be  held  when  and 
where  the  terms  are  now  appointed.  The  courts  are  always  open.  Return 
days  for  writs  and  other  processes  are  established  on  the  first  Monday  of 
every  month.  The  practice  of  the  courts  is  adapted  to  these  changes. 
St.  1885,  c.  384. 

All  civil  actions  except  replevin  may  be  begun  by  bill  or  petition,  and 
such  relief  may  be  given  as  the  case  requires.     St.  1887,  c.  383. 

Claimants  may  be  summoned  in  and  the  parties  required  to  interplead. 
St.  1886,  c.  281. 

Sect.  9.  Instead  of  the  failure  to  file  declaration  being  a  discontinuance, 
the  action  may  be  dismissed  on  motion.     St.  1885,  c.  384,  §  6. 

Sect.  17.  Au}'^  matter  which  in  equity  would  entitle  the  defendant  to 
be  absolutely  relieved  from  the  plaintiff's  claim  may  be  alleged.  St.  1883, 
c.  223,  §  14. 

Sect.  24.  Equitable  defences  may  be  relied  on  in  reply  to  the  defend- 
ant's answer.     St.  1883,  c.  223,  §  14. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action 
may  be  changed  to  equity.     St.  1883,  c.  223,  §  17. 

Sects.  46,  47  are  repealed  and  new  provisions  as  to  defaults  are  substi- 
tuted.    St.  1885,  c.  384. 

Sect.  67.  When  there  are  two  or  more  shire  towns  the  shire  town  at 
wliich  an  action  shall  be  tried  may  be  designated  at  the  term  of  entry  and 
then  it  shall  not  be  tried  elsewhere  nor  costs  given  for  terms  held  elsewhere. 
St.  1882,  c.  264. 

The  parties  may  agree  that  an  action  shall  not  be  tried  before  a  certain 
day.     St.  1884,  c.  304. 

A  daily  trial  list  for  the  civil  session  of  the  superior  court  in  Suffolk 
must  be  printed.  No  case  can  be  put  on  after  twelve  o'clock  and  no  case 
postponed  after  two  except  b}'  order  of  the  court.     St.  1889,  c.  459." 

Sect.  90.  Police  courts  also  may  order  the  defendant  to  lile  an  answer. 
St.  1886,  c.  64. 


1430  Public  Statutes. 

CHAPTER  169. 
OF   WITNESSES   AND  EVIDENCE. 

Sect.  1.  Every  clerk  of  n  court  of  record  may  issue  subpoenas  in  all 
cases,  but  a  justice  of  the  peace  only  in  civil  cases,  unless  requested  by  the 
prosecuting  officer  or  the  party  prosecuted,  and  in  the  latter  case  it  must  be 
expressed  in  the  sulipoena.     St.  1884,  c.  247,  is  repealed.     St.  1885,  c.  141. 

Skcts.  7,  8.  The  board  of  police  commissioners  is  added  to  the  bodies 
which  may  call  witnesses  before  them,  and  if  they  do  not  attend,  the  chair- 
man may  issue  a  warrant.     St.  1882,  c.  2G7. 

Justices  of  the  supreme  or  superior  courts  may  compel  witnesses  to  ap- 
pear before  special  tribunals  which  have  power  to  summon  but  not  to  com- 
pel their  attendance.     St.  1883,  c.  11)5. 

Sects.  28,  41.  Where  the  adverse  party  docs  not  appear  to  defend,  no 
notice  of  the  taking  of  depositions  and  no  exhibition  of  interrogatories  is 
required.     St.  1883,  c.  188. 

Sect.  54.  In  case  of  depositions  in  perpeiuam  memoriam  of  parties 
without  the  state,  the  court  shall  order  reasonable  notice  to  non-resident 
parties  interested.     St.  1882,  c.  140.  • 

Sect.  70.  Copies  of  the  records,  books  and  accounts  of  savings  banks 
verified  by  affidavit  are  made  evidence.     St.  1885,  c.  92. 

Sects.  69,  70.  Provision  is  made  for  the  proof  of  rules  of  boards  of 
aldermen,  ordinances  of  cities  and  by-laws  of  towns  and  of  records  of  cities 
and  towns.     St.  1889,  c.  387. 

CHAPTER    170. 
OF  JURIES. 

Sect,  10.  No  venires  for  jurors  for  the  supreme  judicial  court  in 
Barnstable  shall  issue  unless  there  is  some  case  for  trial  by  jury,  St.  1889, 
c.  173. 

Sect.  24.  Special  regulations  are  established  for  the  preparation  of  the 
jury  list  in  Boston.     St.  1888,  c.  123. 

Sect.  35.  Jurors  may  be  examined  by  the  parties  or  their  attorneys 
under  the  direction  of  the  court.     St.  1887,  c.  149. 

CHAPTER    171. 
OF  JUDGMENT   AND   EXECUTLON. 

New  provisions  are  made  as  to  the  time  of  entering  judgment.  St.  1885, 
c.  384. 

Sects,  17,  24.  Special  judgments  in  insolvency  cases  are  regulated.  A 
general  execution  may  be  issued  or  the  plaintiff  may  have  scire  facias  Vt'here 
the  defendant  fails  to  obtain  a  discharge  or  unreasonably  delays  to  prose- 
cute the  proceedings,     St,  1885,  c.  59. 

Sects,  52,  53,  Provision  is  made  for  a  record  of  seizure  in  cases  where 
the  levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  c.  407. 

Sect.  54  is  repealed.  In  case  of  sickness  or  absence  of  the  officer  serv- 
ing the  execution,  he  or  the  judgment  creditor  may  delegate  another  officer 
to  act.     St.  1885,  c.  125. 


I 


Table  of  Changes.  1431 


CHAPTER    172. 
OF   THE   LEVY  OF   EXECUTION  ON   REAL   ESTATE. 

Sect,  30,  Execution  sales  where  the  sale  is  restrained  may  be  adjourned 
until  the  further  order  of  the  court  granting  the  injunction.  On  the  final 
determination  of  the  injunction  the  court  may  order  the  sale  to  proceed  and 
further  notice  to  be  given.     St.  1884,  c.  175. 

Sect.  49.  The  right  of  redemption  is  extended  to  lands  set  off  as  well 
as  those  sold.     St.  1886,  c.  86. 

CHAPTER   175. 

OF  THE  SUMMARY  PROCESS  FOR  THE  RECOVERY  OF  LAND. 

Sects.  6-8.  A  bond  instead  of  a  recognizance  is  to  be  given  in  all 
cases.     St.  1888,  c.  325. 

CHAPTER    176. 

OF  PETITIONS   FOR  THE   SETTLEMENT  OF   TITLE. 

After  possession  for  twenty  years  by  the  mortgagor  he  may  apply  to  the 
supreme  court,  and  if  it  appears  that  there  has  been  no  act  of  recognition 
during  that  time,  any  action  ip  barred.     Sts.  1882,  c.  237  ;  1885,  c.  283. 

Provision  is  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations  and  agreements  more  than 
thirty  years  old  which  appear  of  record  and  affeet  the  title  to  land.  St. 
1889,  c.  442. 

CHAPTER    178. 

OF   THE   PARTITION   OF  LAND. 

Sects.  2,  9,  75  are  extended  so  that  land  lying  in  different  counties  may 
be  divided  in  one  proceeding.     St.  1888,  c.  346. 

Sect.  13.  The  affidavit  for  removal  may  be  filed  within  thirty  da3^s  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sects.  45  et  seq.  Probate  courts  may  make  a  partial  division  setting 
off  to  the  petitioner  his  share  and  allowing  the  residue  to  remain  in  com- 
mon.    St.  1885,  c.  293. 

Sect.  51.  The  notice  of  the  petition  is  to  be  published  in  "  such  news- 
paper or  newspapers,"  instead  of  in  "  newspapers."     St.  1882,  c.  55. 

Sect.  63  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  2. 

Sects.  64-75.  Provision  is  made  for  the  partition  of  land  where  there 
are  estates  for  life  or  terras  of  years,  a  trustee  being  appointed  to  hold 
any  money  coming  from  such  partition  and  pay  over  the  income  to  the 
tenant  and  the  principal  to  the  remainder  man  when  the  first  estate  ceases. 
St.  ia87,  c.  286. 

Sect.  69.  Partition  is  not  defeated  because  a  party  has  paid  a  mort- 
gage, lien,  tax  or  other  incumbrance  which  the  other  parties  are  entitled  to 
redeem,  but  the  decree  shall  contain  terms  of  redemption,  which  must  be 
performed  before  final  judgment.     St.  1889,  c.  468. 


1432  Public  Statutes. 

CHAPTER    180. 

OF   ACTIONS   FOR  PRIVATE   NUISANCES. 

Certain  fences  and  other  like  structures  are  declared  private  nuisances. 
St.  1887,  c.  348. 

CHAPTER    181. 

OF  THE  REDEMPTION   AND   FORECLOSURE   OF  MORTGAGES. 

Sect.  17.  The  notice  of  sale  under  a  mortgage  of  real  estate,  if  there 
is  no  newspaper  in  the  town,  may  be  given  in  some  newspaper  in  the 
county.     St.  1882,  c.  75. 

Sect.  27.  But  the  mortgagee  ma}-  proceed  with  any  sale  alread}'  ad- 
vertised unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined. 
St.  1888,  c.  433. 

CHAPTER    183. 

OF   THE   TRUSTEE   PROCESS. 

Sect.  7.  No  trustee  writ  issued  bj"  a  trial  justice  shall  be  made  re- 
turnable more  than  thirty  daj^s  after  its  date.     St.  1887,  c.  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  c.  384,  §  9. 

Sect.  33.  The  wages  or  lay  of  seamen  on  contracts  hereafter  made 
are  not  attachable.     St.  1886,  c.  194. 

Sect.  34.  The  funds  of  railroad  relief  societies  are  not  liable  to  trustee 
process.     St.  1886,  c.  125. 

Sect.  38.  The  claimant  is  given  an  execution  for  the  amount  due  him 
with  costs,  and  the  trustee  is  held  for  the  remainder.  A  trustee  who  has 
been  defaulted  is  discharged  for  any  amount  which  he  maj^  have  paid  on 
the  original  execution,  and  is  liable  to  the  claimant  only  for  the  rest.  The 
provision  as  to  proceedings  under  c.  161,  §§  80,  82,  83  is  omitted.  St. 
1888,  c.  345. 

Sect.  73.  When  pending  the  trustee  process  the  defendant  sues  the 
trustees,  the  costs  in  such  siiit  are  in  the  discretion  of  the  court.  St.  1883, 
c.  62. 

CHAPTER   185. 

OF  HABEAS  CORPUS  AND  PERSONAL  REPLEVIN. 

Sect.  18  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  3. 

CHAPTER    187. 
OF  WRITS  OF  ERROR  AND  WRITS  OF  AXD  PETITIONS  FOR  REVIEW. 

Sect.  39.  A  stay  of  execution  ma^'  be  ordered  without  security  when 
the  petitioner  had  no  actual  kuowledae  of  the  action  before  judgment  was 
entered.     St.  1882,  c.  249. 

Bonds  to  prosecute  review  must  have  a  provision  for  special  judgments 
in  cases  of  composition  with  creditors.     St.  1888,  c.  405. 


Table  op  Changes.  1433 


CHAPTER   188. 

OF   REFERENCE   TO   ARBLTRATIOX. 

The  fees  of  arbitrators  appointed  under  this  chapter  upon  whose  awards 
judgment  is  entered  are  paid  by  the  county.     St.  1887,  c.  289. 

CHAPTER    189. 
OF  IMPROVING  MEADOWS   AND   SWAMPS. 
Sect.  1.5.     "  Return  day  "  is  substituted  for  "  court."     St.  1885,  c.  384, 
§  0. 

CHAPTER  191. 

OF  LIENS  ON  BUILDINGS  AND  LAND. 

Sect.  12.  This  section,  providing  that  the  petition  may  be  inserted  in 
a  writ,  is  repealed.     St.  1888,  c.  344,  §  4. 

Sect.  13.  The  words  "  whether  filed  as  a  petition  or  inserted  in  a 
summons  "  are  struck  out.     St.  1888,  c.  344,  §  1. 

Sect.  17.  Where  parties  are  absent  or  cannot  be  served  with  notice, 
the  petition  shall  stand  continued  until  such  notice  shall  be  given  as  the 
court  or  justice  shall  direct.     St.  1888,  c.  344,  §  3. 

The  provision  for  notice  to  the  owner  of  the  land  and  the  debtor  is 
changed  ;  the  form,  the  mode  of  service  and  the  fees  are  established.  The 
order  may  be  made  by  the  justice  of  the  court  as  well  as  the  clerk.  St. 
1888,  c.  344,  §  2. 

CHAPTER  192. 

OF    MORTGAGES,   CONDITLONAL    SALES,  PLEDGES    AND    LIENS    ON 
PEBfSONAL  PROPERTY. 

Sects.  1,  2  are  repealed  and  two  new  sections  are  substituted.  The  new 
sections  differ  in  requiring  the  mortgage  to  be  recorded  within  fifteen  days 
from  the  date  written  therein.  If  it  must  be  recorded  in  two  places,  the 
second  record  must  be  within  ten  days  of  the  first.  The  mortgage  is  not 
good  except  between  the  parties  until  so  recorded,  and  a  record  after  the 
time  fixed  is  void.     St.  1883,  c.  73. 

Sects.  10-12.  Debts  or  claims  against  a  pledgee  created  by  an  un- 
authorized sale  of  the  collateral  are  not  discharged  in  insolvency.  St. 
1885,  c.  353. 

Sect.  13.  Conditional  sales  of  furniture  or  household  goods  are  regu- 
lated.    St.  1884,  c.  313. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  business  as  well  as  where  he  resides  are  given  jurisdiction.  St.  1888, 
c.  46. 

CHAPTER  195. 

OF  THE  COLLECTION  OF  CLAIMS  AGAINST  THE   COMMONWEALTH. 

Sects.  1,  7.  The  superior  court  is  given  jurisdiction  of  all  claims  against 
the  Commonwealth,  whether  at  law  or  in  equit}',  except  those  mentioned  in 
section  7,  but  they  shall  be  subject  to  set-off  or  recoupment,  as  if  the  Com- 
monwealth was  a  private  individual.     St.  1887,  c.  246. 


1434  Public  Statutes. 


CHAPTER  197. 

OF  THE  LIMITATION  OF  PERSONAL  ACTIONS. 

Actions  to  recover  forfeitures  for  selling  liquor  to  a  minor  are  limited  to 
two  years.     St.  1889,  c.  390. 

CHAPTER  198. 
OF   COSTS  IN  CIVIL   ACTIONS. 

Sect.  25  is  repealed.  Appeals  from  taxation  of  costs  by  the  clerk,  if 
during  the  term,  shall  be  heard  by  the  justice  before  adjournment.  St. 
1882,  c.  235. 

Sect.  28.  The  term  fees  which  are  allowed  to  the  prevailing  party  are 
limited.     St.  1882,  c.  264. 

CHAPTER  199. 
OF  THE  FEES   OF   CERTAIN  OFFICERS. 

Sect.  4.  In  lieu  of  entry,  clerk's  term  fees,  the  fee  for  taxing  costs 
and  issuing  execution,  a  fee  of  three  dollars  is  to  be  paid  in  advance,  and 
the  same  fee  in  criminal  cases  in  lieu  of  the  entry  and  all  other  clerk's  fees. 
St.  1888,  c.  257,  §  3. 

Where  the  record  will  be  of  unusual  length,  the  prevailing  pai'ty  niaj^  be 
ordered  to  pay  a  sum  in  addition  to  the  entry  fee.     St.  1888,  c.  257,  §  7. 

The  clerks  shall  collect  all  fees  in  advance.     St.  1888,  c.  257,  §  8. 

Clerk's  term  fees  are  abolished.     St.  1889,  c.  433. 

The  fees  of  officers  for  travel  to  summon  witnesses  in  criminal  cases  under 
twenty  miles  are  raised.  The  distance  is  computed  from  the  most  distant 
place  of  service  to  the  place  of  return.  When  the  officer  has  not  actually 
travelled  the  distance,  the  court  may  reduce  the  amount.     St.  1882,  c.  215. 

Sect.  9.  In  the  service  of  criminal  precepts  the  officer  is  allowed  fifteen 
cents  a  mile  for  a  horse  and  carriage  if  he  uses  his  own,  and  the  sum  actu- 
ally expended  if  he  uses  those  of  another,  but  he  must  make  certificate  of 
the  necessity  and  the  distance  travelled  and  sum  paid.     St.  1885,  c.  254. 

Sect.  15  is  repealed.  Appraisers  may  be  allowed  what  is  just  and  rea- 
sonable instead  of  one  dollar  per  day.     St.  1886,  c.  135. 

CHAPTER  202. 

OF   OFFENCES  AGAINST   THE  PERSON. 

Sect.  27  is  repealed.  The  age  of  consent  in  case  of  rape  is  raised  from 
ten  years  to  fourteen.     Sts.  1886,  c  305  ;  1888,  c.  391. 

CHAPTER   203. 

OF  OFFENCES  AGAINST  PROPERTY. 

False  statements  of  the  distance  which  the  person  intends  to  travel  when 
hiring  a  horse,  or  of  the  distance  actually  travelled,  or  refusal  to  pay  the 
hire  are  made  a  crime.     St.  1882,  c.  236. 


Table  of  Changes.  1435 

Sect.  10.  Burglary  armed.  A  minimum  penalty  of  teu  years  is  fixed. 
St.  1888,  c.  135. 

Sect.  11.  Burglary  unarmed.  If  such  offender  lias  been  convicted  of 
any  offence  named  in  sections  10  or  11,  the  minimum  penalty  is  five  years. 
St.  1888,  c.  135. 

Sect.  20.  If  property  not  exceeding  one  iiundred  dollars  in  value  is 
stolen  from  a  common  carrier,  the  penalty  is  imprisonment  not  exceeding 
three  years  or  a  fine  not  exceeding  five  hundred  dollars.     St.  1889,  c.  458. 

Sect.  40.  Embezzlement  by  agents,  clerks,  etc.,  shall  include  embez- 
zlement by  officers  of  voluntary  associations  and  societies.    St.  1884,  c.  174. 

Sects.  20,  40.  Embezzlement  of  the  property  of  voluntary  associations 
is  made  a  crime.  The  name  by  which  they  are  generally  known  is  a  suffi- 
cient description.     St.  1886,  c.  328. 

Sect.  56  is  extended  to  agents,  clerks,  or  servants  or  officers  of  persons 
and  firms,  and  to  the  omission  to  make  a  true  entry  as  well  as  the  making  a 
false  entry.     St.  1885,  c.  223. 

Sects.  58,  59.  Fraudulent  use  of  the  insignia  of  the  grand  army  of  the 
republic  or  of  the  loyal  legion  is  made  an  offence.     St.  1887,  c.  67. 

Sect.  79.  Detaining  without  cause  books,  etc.,  taken  from  public 
libraries  is  punished.     St.  1883,  c.  77. 

The  mutilation  of  maps,  newspapers,  magazines,  pamphlets  and  manu- 
scripts is  also  punished,  and  to  the  libraries  is  added  "  incorporated  libra- 
ries."    St.  1883,  c.  81. 

Sect.  99.  A  person  may,  by  notice,  prohibit  shooting  or  trapping  on 
his  land,  and  game  artificially  propagated  on  such  land  is  his.  St.  1884, 
c.  308. 

Wilful  trespass  on  lands  appurtenant  to  prisons  or  houses  of  correction, 
disturbance  of  such  institution  or  communication  with  the  inmates  is  made 
a  crime.     St.  1886,  c.  303. 

Sect.  101.  The  tearing  down,  removal  or  defacing  of  a  town  warrant, 
list  of  voters  or  jurors,  or  other  legal  notice,  is  punished.     St.  1883,  c.  156. 

Municipal,  district  and  police  courts  are  given  concurrent  jurisdiction 
with  the  superior  court  of  malicious  injuries  to  personal  property  where  the 
value  is  not  alleged  to  exceed  one  hundred  dollars.  The  penalty  is  estab- 
lished.    St.  1887,  c.  293,  §  2. 

Sect.  103.  The  malicious  defacing  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

Sect.  106.  The  punishment  for  injury  to  the  property  of  the  Humane 
Society  is  increased  :  the  fine  from  one  hundred  to  two  hundred  dollars, 
and  the  imprisonment  from  ninety  days  to  six  months.  One-half  the  fine 
is  given  to  the  person  giving  information  upon  which  a  conviction  is 
obtained.     St.  1889,  c.  399. 

Sects.  107-109.  The  wilful  or  negligent  setting  of  fires  is  made  a  crime. 
St.  1886,  c.  296,  §  1. 

Whoever  Avantonly  and  recklessly  sets  fire  to  an}'  material  which  causes 
the  injury  or  destruction  of  growing  or  standing  wood  is  punished.  St. 
1882,  c.  163. 


1436  Public  Statutes. 


CHAPTER   205. 
OF   OFFENCES   AGAINST  PUBLIC   JUSTICE. 

Commitments  for  contempt  may  be  made  to  any  jail,  and  the  process 
may  be  served  by  the  sheriff  to  whom  it  is  directed  in  other  counties  as  well 
as  in  his  own.     St.  1886,  c.  224. 

Interference  with  police  signal  systems  is  made  an  offence.  St.  1888, 
c.  291. 

CHAPTER   207. 
OF   OFFENCES  AGAINST   CHASTITY,  MORALITY  AND  GOOD   ORDER. 

The  exhibition  of  persons  deformed  is  forbidden.     St.  1884,  c.  99. 

Unnatural  and  lascivious  acts  are  made  criminal,  and  the  form  of  the 
complaint  or  indictment  is  fixed.     St.  1887,  c.  436. 

Sect.  2  is  amended  so  as  to  cover  not  only  the  purpose  of  prostitution 
but  of  unlawful  sexual  intercourse.  Giving  drugs  or  other  things  for  pur- 
poses of  sexual  intercourse,  intercourse  with  idiotic  or  imbecile  women  or 
girls,  and  inducing  any  person  under  eighteen  years  old  to  have  such  unlaw- 
ful intercourse  are  punished.  The  owner  or  person  in  control  of  premises 
who  suffers  or  induces  any  girl  under  the  age  of  twenty-one  to  be  upon  the 
premises  for  the  purpose  of  unlawful  intercourse  is  punished.  The  evidence 
of  one  witness  must  be  corroborated  and  prosecutions  must  be  commenced 
within  one  year.     St.  1886,  c.  329. 

Sending  any  woman  or  girl  to  enter  as  an  inmate  or  as  a  servant  any 
house  of  ill-fame  is  made  an  offence.  Proprietors  or  keepers  of  employ- 
ment offices  who  personally  or  through  an  employee  send  any  woman  or 
girl  to  enter  any  house  of  ill-fame  as  aforesaid,  the  character  of  which 
could  have  been  ascertained  on  reasonable  inquiry,  are  punished.  Detaining 
or  attempting  to  detain  or  administering  any  drug  for  the  purpose  of  detain- 
ing any  woman  or  girl  in  such  house  is  made  a  crime.     St.  1888,  c.  311. 

Sect.  9.  Where  death  is  alleged  to  have  resulted  from  an  unlawful 
attempt  to  produce  a  miscarriage,  the  dying  declarations  of  the  woman 
shall  be  admissible  in  evidence.     St.  1889,  c.  100. 

Sect.  15.  The  sale  or  distribution  to  minors  of  papers  devoted  to 
criminal  news  or  reports  of  crime  is  forbidden,  and  whoever  employs 
minors  or  permits  them,  if  under  his  control,  to  be  emploj'ed  in  such  dis- 
tribution is  punished.     St.  1885,  c.  305. 

Sect.  26.  The  maximum  fine  for  drunkenness  is  increased  from  one  to 
five  dollars,  and  the  maximum  imprisonment  for  non-payment  from  ten 
days  to  thirty  days.  Tiie  county  commissioners  may  release  persons  so 
confined.     St.  1885,  c.  375. 

Sect.  27.  Male  persons  convicted  of  a  third  offence  of  drunkenness 
may  be  sentenced  to  the  reformatory  for  not  less  than  one  year  and  not 
more  than  two  years.     St.  1885,  c.  365. 

Sects.  27,  28.  The  punishment  of  female  persons  for  a  second  offence 
of  drunkenness  is  made  the  same  as  that  of  men.     St.  1888,  c.  377. 

Sect.  28.  Keeping  any  place  for  opium  smoking,  the  selling  or  giving 
away  opium  at  such  place,  or  resorting  to  it  to  smoke,  is  made  a  crime. 
St.  1885,  c.  73. 


Table  of  Changes.  1437 

Skcts.  29,  42.  Rogues,  vagabonds,  vagrants  and  others  named  in  these 
sections  may  be  sent  to  the  State  workhouse  as  tramps  now  are  under  sec- 
tion 38.     St.  1884,  c.  258. 

Male  persons  committing  tlie  offences  named  in  these  sections  may  be 
sentenced  to  the  reformatory  for  not  less  than  one  year  and  not  more  than 
two  years.     St.  1885,  c.  365,  §  1. 

Sect.  34.  Persons  disorderly  or  indecent  in  speech  or  behavior  on 
public  conveyances  are  punished.     St.  1883,  c.  102. 

The  wilful  disturbance  of  persons  in  a  public  library  or  reading-room  is 
punished.     St.  1885,  c.  225. 

Sect.  50.  Whoever,  without  authority,  removes  any  flowers,  flags  or 
memorial  tokens  from  any  grave,  tomb,  monument  or  burial  lot  is  pun- 
ished.    St.  1888,  c.  395. 

Sect.  52.  The  docking  of  the  tails  of  horses  is  forbidden.  One-half 
the  fine  is  given  to  the  Society  for  the  Prevention  of  Cruelty  to  Animals 
when  the  case  is  prosecuted  upon  their  complaint  or  information.  St. 
1889,  c.  267. 

Sect.  69.  This  section  is  repealed  and  a  substitute  enacted  extending 
the  provisions  against  discrimination  in  public  places  on  account  of  race  or 
color.     St.  1885,  c.  316. 

CHAPTER    208. 

OF   OFFENCES   AGAINST  PUBLIC   HEALTH. 

The  manufacture  or  sale  of  any  drug  or  article  of  food  which  is  adul- 
terated is  punished.  Adulteration  is  defined.  Such  compounds  as  are 
recognized  as  ordinary  articles  of  food  or  drink  are  exempt  if  so  marked. 
Provision  is  made  for  analyzing  samples.  Sts.  1882,  c.  263  ;  1884,  c.  289  ; 
1886,  c.  171. 

The  State  board  may  expend  annually  in  enforcing  the  laws  against 
adulterations  not  exceeding  ten  thousand  dollars,  of  which  three-fifths 
must  be  for  enforcing  the  laws  against  adulterations  of  milk.  They  must 
report  the  prosecutions  and  an  itemized  account  of  the  expenditure. 
St.  1884,  c.  289,  §  1. 

The  sale  or  gift  of  any  cigarette,  snuff  or  tobacco  to  persons  under  six- 
teen years  of  age  is  forbidden.     St.  1886,  c.  72. 

The  feeding  of  garbage,  refuse  or  offal,  or  the  possession  of  it  with  intent 
to  feed  it  to  any  milch  cows,  is  punished.     St.  1889,  c.  326. 

The  regulations  as  to  the  sale  of  poisons  are  revised.     St.  1888,  c.  209. 

CHAPTER  209. 
OF  OFFENCES  AGAINST  PUBLIC  POLICY. 

Property  shall  not  be  sold  or  exchanged  by  the  inducement  of  any  gift. 
St.  1884,  c.  277. 

CHAPTER  209a. 
OF  HABITUAL  CRIMINALS. 

Provision  is  made  for  the  punishment  of  habitual  criminals.  St.  1887, 
c.  435. 


1438  Public  Statutes. 


CHAPTER  212. 

OF  SEARCH   WARRANTS,  REWARDS,  ARRESTS,  EXAMINATION,  COM- 
MITMENT, BAIL  AND  PROBATION. 

Children  under  twelve,  not  accused  of  offences  punishable  by  imprisonment 
for  life  nor  truants,  are  not  to  be  arrested  until  they  neglect  to  appear  on 
summons,  nor  to  be  committed  in  default  of  bail,  nor  on  sentence.  St.  1882, 
c.  127. 

Sect.  2.  Warrants  may  also  issue  to  search  for  pool  tickets  or  other 
materials  unlawfully  made,  provided  or  procured  for  the  purpose  of  buying 
or  selling  pools.     St.  1885,  c.  342,  §  2. 

Sects.  2,  9.  Gaming  apparatus  seized  under  section  2,  clause  7,  is  to 
be  sold  or  disposed  of  under  section  9.     St.  1885,  c.  66. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  any  officer  in  any  county.     St.  1886,  c.  247. 

Sect.  26.  The  court  or  justice,  on  adjourning  a  trial  or  examination 
where  the  offence  is  punishable  with  death  or  imprisonment  for  life,  may 
bind  over  the  government  witnesses  according  to  sections  37-41  of  this 
chapter;  the  fee  is  twenty  cents.     St.  1885,  c.  136. 

Where  a  trial  justice  adjourns  an  examination  or  trial,  and  then  fails  to 
appear,  another  justice  may  complete  the  proceedings.  The  records  are  to 
be  made  up  by  the  justice  rendering  the  final  decision.     St.  1883,  c.  175. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  from 
receiving  compensation  for  taking  bail,  is  repealed,     St.  1885,  c.  135. 

Sect.  68  is  repealed.  The  person  ordered  to  recognize  may  deposit  the 
money  with  any  officer  authorized  to  take  his  recognizance,  instead  of 
being  restricted  to  the  magistrate  or  clerk  of  the  court  ordering  it.  St. 
1882,  c.  134. 

Sect.  78.  Two  additional  probation  officers  may  be  appointed  in  Boston. 
The  requirement  that  the  officers  be  appointed  in  May  is  struck  out.  St. 
1882,  c.  125. 

CHAPTER  213. 

OF     INDICTMENTS,    PROSECUTIONS,    AND    PROCEEDINGS    BEFORE 

TRIAL. 

Sect.  17  is  repealed.  The  form  of  complaints  and  indictments  on  special 
statutes,  ordinances  and  by-laws  of  cities  and  towns,  orders  of  the  mayor 
and  aldermen  or  rules  of  any  public  board,  is  regulated.     St.  1886,  c.  53. 

So  for  embezzlements  from  voluntary  associations.     St.  1886,  c.  328,  §  2. 

Sects.  15,  30.  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  State.     Sts.  1883,  c.  148  ;  1889,  c.  90. 

CHAPTER  214. 
OF  TRIALS   AND  PROCEEDINGS  BEFORE  JUDGMENT. 

Sect.  1.  A  list  of  criminal  cases  for  trial  is  made  compulsory,  instead 
of  discretionary  with  the  court.     St.  1884,  c.  193. 

The  order  of  the  trial  list  must  be  observed,  unless  otherwise  ordered  by 
the  court  for  cause  shown.     St.  1889,  c.  432. 


Table  of  Changes.  1439 

Sects.  19,  20,  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  State.     Sts.  1883,  c.  148  ;  1889,  c.  90. 

CHAPTER  215. 
OF  JUDGMENT   AND   EXECUTION. 

Convicts  punishable  by  imprisonment  in  the  house  of  correction  may  be 
sent  to  jail  instead,  and  those  undergoing  sentence  may  be  removed  from 
one  to  the  other.     St.  1882,  c.  241. 

Sentences  to  imprisonment  for  successive  terms  are  allowed.  St.  1884, 
c.  265. 

Sect.  15.  But  the  same  term  of  imprisonment  may  be  imposed  as  if  the 
sentence  were  to  be  executed  in  the  State  prison.     St.  1889,  c.  113. 

CHAPTER  216. 

OF   FIRE   INQUESTS. 

This  chapter  is  repealed  and  the  law  as  to  fire  inquests  is  revised.  St. 
1889,  c.  451. 

CHAPTER  217. 

OF  FINES,   FORFEITURES   AND   COSTS. 

Sect.  8.  Instead  of  copies  of  bills  of  costs  being  transmitted  they  may 
be  entered  on  a  schedule  which  shall  be  transmitted  to  the  treasurer,  who 
shall  pay  the  persons  entitled.     St.  1888,  c.  257,  §  6. 

Sect.  18.  No  child  under  twelve  can  be  imprisoned  except  on  charges 
punishable  by  imprisonment  for  life  or  for  truancy,  but  must  be  committed 
to  the  custody  of  the  State  board  of  health.     St.  1882,  c.  127. 

CHAPTER   218. 
OF  FUGITIVES  FROM  JUSTICE  AND  PARDONS. 

Sect.  6  is  repealed.  Expenses  of  requisitions  are  paid  by  the  county 
unless  the  governor  orders  a  part  or  all  to  be  paid  by  the  State.  St.  1886, 
c.  267. 

Sect.  14.  Where  the  condition  of  a  pardon  is  broken  and  the  convict  is 
remanded  to  serve  out  the  residue  of  his  sentence,  if  he  is  then  serving 
another  sentence  his  confinement  is  to  begin  from  the  expiration  of  that. 
St.  1882,  c.  197. 

CHAPTER  219. 

OF  THE   COMMISSIONERS   OF   PRISONS. 

The  commissioners  may  transfer  prisoners,  except  those  confined  for 
capital  crimes,  to  hospitals  for  surgical  treatment.  The  time  of  their 
sentence  runs  while  there.     St.  1882,  c.  207. 

Sect.  3.  The  salary  of  the  secretary  of  the  commissioners  of  prisons  is 
raised  from  S2,000  to  $2,500.     St.  1886,  c.  275. 

The  commissioners  of  prisons  may  expend  for  clerical  assistance  a  sum 
not  exceeding  $2,500  annually.     St.  1888,  c.  328. 


144.0  Public  Statutes. 

Sect.  4.  They  may  remove  prisoners  from  jails  to  houses  of  correction, 
and  vice  versa.     St.  1882,  c.  241. 

They  may  transfer  prisoners  between  the  jails,  from  the  reformatory 
to  the  jails  and  houses  of  correction  and  back  again.     St.  1887,  c.  375. 

Sect.  6.  Vagrants  or  tramps  may  also  be  removed  to  the  State  work- 
house under  this  section.     St.  1885,  c.  35,  §  1. 

Sect.  17.  The  number  of  prisoners  who  may  be  employed  in  certain 
occupations  is  limited.     St.  1883,  c.  217. 

Sects.  17,  18.  These  sections  which  relate  to  the  employment  of  con- 
victs in  the  State  prison  and  the  reformatory  prisons  are  repealed.  St. 
1888,  c.  403,  §  6. 

Sects.  26-30.  Aid  is  provided  for  female  prisoners  whose  cases  are  dis- 
posed of  without  sentence.     St.  1886,  c.  177. 

The  commissioners  may  expend  for  aiding  discharged  female  prisoners 
a  sum  not  exceeding  three  thousand  dollars  annually.     St.  1888,  c.  417. 

Sects.  26  et  seq.  The  commissioners  may  provide  offices  in  Boston  for 
the  agents  for  aiding  discharged  prisoners.     St.  1887,  c.  336. 

The  commissioners  of  prisoners  may  expend  two  thousand  dollars  more 
for  the  assistance  of  prisoners  discharged  from  the  Massachusetts  reform- 
atory.    St.  1887,  c.  395. 

There  may  be  advanced  to  the  commissioners  of  prisoners  under  St. 
1884,  c.  179,  for  aiding  prisoners  discharged  from  the  Massachusetts  re- 
formatory a  sum  not  exceeding  five  hundred  dollars  at  any  time.  From 
it  prisoners  removed  to  other  institutions  and  discharged  may  also  be 
assisted.     St.  1888,  c.  322. 

Sects.  26,  27.  The  commissioners  of  prisons  may  employ  two  additional 
agents  to  aid  discharged  prisoners.  These  agents  shall  also  obtain  infor- 
mation for  the  commission  in  regard  to  prisoners.     St.  1887,  c.  315. 

Sect.  27.  The  limit  of  the  salary  of  the  agent  for  aiding  discharged 
female  prisoners  is  increased  from  8700  to  $775,  and  is  paid  from  the  State 
treasury  instead  of  from  the  appropriation  for  aiding  discharged  female 
prisoners.     St.  1888,  c.  330. 

Sect.  34.  The  heads  of  police  and  others  making  arrests  are  required 
to  make  monthly  reports.     St.  1882,  c.  226,  §  2. 

Sects.  34,  35.  The  blanks  for  the  returns  of  criminal  business  made  by 
clerks  of  courts  and  other  officers,  under  these  sections,  are  furnished  by 
the  commissioners  of  prisons,  who  prescribe  the  form.     St.  1882,  c.  226,  §  1. 

Sect.  36,  prescribing  the  form,  is  repealed.     St.  1882,  c.  226,  §  3. 

Sect.  39.  The  sum  allowed  for  clerical  assistance  of  the  commissioners 
is  increased  from  $700  to  $2,500.     St.  1888,  c  328. 

CHAPTER  220. 

OF  JAILS  AND   HOUSES   OF   CORRECTION. 

Any  authority  or  control  given  by  this  chapter  to  the  county  commis- 
sioners, or  to  the  board  of  directors  of  public  institutions  of  the  city  of 
Boston,  over  matters  connected  with  the  employment  of  prisoners  in  any 
Tiouse  of  correction,  is  transferred  to  the  general  superintendent  of  prisons 
and  the  master  of  such  house  of  correction.     St.  1888,  c.  403,  §  8. 


Table  of  Changes.  1441 

In  every  city  of  over  tliirty  thousand  inhabitants  one  police  station  or 
more  must  be  designated  as  stations  for  the  detention  of  women,  and  police 
matrons  must  be  appointed  whose  duties  are  defined.     St.  1887,  c.  234. 

The  provisions  of  St.  1887,  c.  234,  shall  apply  to  cases  where  women  are 
taken  to  or  received  at  a  police  station  for  detention  or  lodging  as  well  as 
to  women  arrested.     St.  1888,  c.  181. 

Sect.  2.  The  sheriff  may  remove  prisoners  at  his  discretion  between 
jails  and  houses  of  correction.     St.  1882,  c.  241,  §  2. 

Sect.  36.  The  requirement  of  whitewashing  is  struck  out.  St.  1886, 
c.  226. 

Sect.  40.  The  number  of  prisoners  who  may  be  employed  in  certain 
trades  is  limited.     St.  1883,  c.  217. 

Contract  labor  in  the  prisons  is  forbidden.  Labor  in  them  is  regulated. 
A  general  superintendent  of  prisons  is  to  be  appointed  who  shall  have 
general  charge  of  the  labor  in  prisons.     St.  1887,  c.  447. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

The  master  must  establish  and  maintain  the  industries  fixed  upon  under 
St.  1887,  c.  447.     St.  1888,  c.  403,  §  1. 

The  number  of  persons  who  may  be  employed  is  regulated.  St.  1888, 
c.  403,  §  2. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  provided  for.     St.  1888,  c.  403,  §  3. . 

Suits  with  reference  to  contracts  under  the  acts  relating  to  the  employ- 
ment of  prisoners  may  be  referred  to  arbitrators  appointed  by  the  county 
commissioners,  or  referees.     St.  1888,  c.  403,  §  4. 

No  provision  for  the  employment  of  prisoners  upon  the  piece-price  plan 
shall  be  made  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

Sect.  49.     Clerical  errors  corrected.     St.  1882,  c.  6,  §  4. 

Sect.  50.  Escapes  from  officers  who  have  taken  prisoners  to  perform 
labor  on  any  public  land  are  made  escapes  from  prisons  and  punished. 
St.  1882,  c.'l98. 

Sects.  66,  68.  All  the  provisions  as  to  persons  released  under  section 
68  are  applied  to  section  66.     St.  1884,  c.  152,  §  4. 

Sect.  68.  Any  violation  of  permits  to  be  at  liberty  issued  to  a  prisoner 
of  itself  renders  them  void,  and  an  order  of  arrest  and  recommitment  may 
issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be  taken  to 
be  any  part  of  the  term  of  his  sentence.     St.  1884,  c.  152,  §§  1,  2. 

CHAPTER   221. 
OF  THE   STATE   PRISON  AND   REFORMATORY  PRISON  FOR  WOMEN. 

Contract  labor  is  forbidden.  Labor  is  regulated.  A  general  superin- 
tendent of  prisons  is  to  be  appointed  who  shall  have  charge  of  the  labor. 
St.  1887,  c.  447. 

The  warden  of  the  state  prison  and  the  superintendent  of  the  reforma- 
tories must  establish  and  maintain  the  industries  fixed  upon  under  St.  1887, 
c.  447.     St.  1888,  c.  403,  §  1. 


1442  Public  Statutes. 

The  superintendent  of  the  Massachusetts  reformatory  and  the  general 
superintendent  of  prisons  are  charged  with  the  duty  of  establishing  indus- 
tries, instead  of  the  commissioners.     St.  1888,  c.  403,  §  7. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

No  provision  shall  be  made  for  the  employment  of  pi'isouers  upon  the 
piece-price  plan  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  regulated.     St.  1888,  c.  403,  §  3. 

The  number  of  persons  who  may  be  employed  is  regulated.  St.  1888, 
c.  403,  §  2.     . 

A  reformatory  for  men  is  established.     St.  1884,  cc.  255,  331. 

Sentences  to  the  reformatory  are  not  to  be  for  any  fixed  time.  In  cer- 
tain stated  cases  the  convict  may  be  detained  two  years,  and  in  all  others 
five  years.     St.  1886,  c.  323. 

No  person  shall  be  sentenced  to  the  Massachusetts  reformatory  who  is 
above  forty  years  of  age  or  who  has  been  previously  sentenced  more  than 
three  times  to  fine  or  imprisonment.     St.  1888,  c.  49. 

The  prison  commissioners  may  remove  any  person  held  under  sentence  at 
the  State  workhouse  to  the  Massachusetts  reformatory.  The  provisions  of 
St.  1884,  c.  255,  apply  to  such  removal.     St.  1885,  c.  35,  §  2. 

The  commissioners  of  prisons  may  remove  prisoners  from  the  Massa- 
chusetts reformatory  to  the  State  farm  for  the  remainder  of  their  sentences, 
and  the  board  of  lunacy  and  charity  then  have  the  same  authority  over 
them  that  the  commissioners  would  have  had.     St.  1887,  c.  292. 

Trial  justices  may  sentence  to  the  reformatory  prison.     St.  1885,  c.  356. 

Persons  convicted  of  drunkenness  and  vagrancy  under  c.  207,  §§  27, 
29,  42,  may  be  sent  to  the  reformatory  prison.     St.  1885,  c.  365. 

Tlie  illicit  conveyance  of  articles  to  or  from  the  Massachusetts  reforma- 
tory is  prohibited.     St.  1887,  c.  339. 

Sect.  1.  The  State  prison  is  removed  from  Concord  to  Boston.  St. 
1884,  c.  255,  §  1. 

Sects.  6,  7  are  repealed.     St.  1882,  c.  203,  §  4. 

The  list  of  officers  of  the  Massachusetts  reformatory  is  revised,  and 
their  salaries  are  established.     St.  1889,  c.  408. 

The  list  of  officers  of  the  State  prison  is  revised  and  their  salaries  are 
established.     St.  1889,  c.  412. 

Where  there  is  a  disagreement  between  the  warden  and  commissioners  as 
to  the  removal  of  an  officer,  the  wardep  may  appeal  to  the  governor  and 
council.     St.  1887,  c.  355. 

Sect.  27.  The  clause  forbidding  the  employment  of  a  convict  in  print- 
ing is  repealed.     St.  1888,  c.  189. 

Sect.  30.  Instead  of  instruction  in  reading  and  writing  for  one  hour, 
schools  may  be  maintained  for  the  prisoners.     St.  1886,  c.  197. 

Sect.  43.  A  burial  place  for  the  reformatory  prison  at  Sherborn  may 
be  purchased.     St.  1882,  c  213. 

Prisoners  may  be  employed  on  land  appurtenant  to  the  prison.  Escapes 
or  attempts  to  escape  from  the  prison,  or  the  land  adjacent  to  the  prison, 


Table  of  Changes.  1443 

are  punished,  and  the  first  district  court  of  Southern  Middlesex  is  given 
concurrent  jurisdiction  of  such  offence.     St.  1885,  c.  94. 

Female  convicts  in  the  United  States  courts  are  confined  at  the  reforma- 
tory prison  for  women.     St    1887,  c.  426. 

Sects.  43-53.  The  duties  of  schoolmistress  at  the  reformatory  prison 
for  women  are  transferred  to  the  chaplain  and  the  office  is  abolished.  St. 
1884,  c.  43,  §§  1,  2. 

Sects.  43  et  seq.  The  commissioners  of  prisons  shall  have  solely  the 
same  right  to  release  from  or  return  to  a  jail,  house  of  correction  or  the 
Boston  house  of  industry  a  prisoner  transferred  thereto  from  the  reforma- 
tory prison  for  women  which  they  would  have  had  if  she  had  not  been  so 
transferred.     St.  1888,  c.  192. 

Sect.  44.  The  office  of  treasurer  and  steward  at  the  reformatory  prison 
is  abolished  and  the  duties  transferred  to  the  superintendent.  He  may 
appoint  a  steward.     St.  1883,  c.  267. 

Sect.  4o.  In  case  of  the  absence  or  inability  of  the  superintendent,  or 
of  a  vacanc}^  the  deputy  superinteiKlent  acts.  A  superintendent  pro 
tempore  may  be  appointed.     St.  1883,  c.  267. 

Sect.  47.  The  salary  of  the  deputy  superintendent  of  the  reformatory 
prison  for  women,  now  S600,  is  to  be  fixed  by  the  commissioners  of  prisons, 
but  it  shall  not  exceed  $800.     St.  1884,  c  43,  §  2. 

The  salary  of  the  superintendent  is  raised  from  $1,500  to  $2,000,  and 
of  the  clerk  from  $500  to  $800.     St.  1887,  c.  341. 

The  salaries  of  matrons,  deputy  matrons  and  assistant  matrons  are  sev- 
erally increased  $50.     St.  1888,  c.  327. 

Sect.  52,  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
shall  of  itself  make  void  said  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  The  time  during  which  he  has  been  at  liberty  shall  not 
be  taken  to  be  any  part  of  the  time  of  his  sentence.  St.  1884,  c.  152, 
§§  1,2. 

The  time  when  a  permit  to  be  at  liberty  under  St.  1884,  c.  255,  §  33, 
voted  by  the  commissioners  of  prisons,  shall  issue  to  a  prisoner  held  in  the 
Massachusetts  reformatory  may  be  decided  by  a  committee  or  by  their 
secretary.     St.  1888,  c.  317. 

Bills  for  the  maintenance  of  said  institutions  and  for  the  pay  rolls  of 
officers  and  employees  must  also  be  approved  by  a  majority  of  the  commis- 
sioners.    St.  1889,  c.  294. 

Sects.  54,  55.  The  commissioners  of  prisons  are  not  required  to  ap- 
prove bills  with  reference  to  the  labor  of  prisoners,  nor  they  nor  the  gov- 
ernor and  council  to  approve  contracts  with  reference  to  such  labor.  St. 
1888,  c.  403,  §  7. 

Sects.  54-58,  60.  The  provisions  as  to  the  treasurer  and  steward  now 
apply  to  the  superintendent.     St.  1883,  c.  267. 


1444  Public  Statutes. 


CHAPTER  222. 

SPECIAL    PROVISIONS    COJ^CERNINC    PENAL    AND    OTHER    PUBLIC 

INSTITUTIONS. 

Sect.  10.  Any  prisoner  confined  in  the  Massachusetts  reformatory  who 
becomes  insane  may  be  removed  to  one  of  the  State  lunatic  hospitals,  and 
on  his  recovery  recommitted  to  the  reformatory.     St.  1885,  c.  320. 

Skct.  17.  Where  a  poor  convict  has  been  confined  three  months  for 
non-payment  of  fine  or  costs,  if  there  is  no  police  or  district  court  in  the 
county  the  jailer  shall  make  a  report  thereof  to  a  trial  justice,  who  shall 
have  authority  to  hear  the  matter  and  discharge  such  convict.  St.  1882, 
c.  201. 

Sect.  20.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  pris- 
oner shall  of  itself  make  void  such  permit,  and  an  order  of  arrest  and 
recommitment  may  issue.  The  time  during  which  he  has  been  at  liberty 
shall  not  be  taken  to  be  any  part  of  the  time  of  his  sentence.  St.  1884, 
c.  152,  §  2. 

This  section,  providing  for  records  of  conduct  and  deductions  from  sen- 
tences, does  not  apply  to  persons  hereafter  sentenced  to  the  reformatory. 
St.  1886,  c.  323,  §  7. 

Sect.  21.  Recommitments  are  hereafter  made  by  the  board  granting  the 
permit,  but  warrants  already  issued  may  be  served  and  the  proceedings 
under  them  be  completed  according  to  the  existing  law.  If  tlie  person  is 
in  prison,  the  order  of  remand  takes  effect  from  the  expiration  of  his  pend- 
ing sentence.     St.  1884,  c.  152,  §  3. 


STATUTES   OF   THE   COMMONWEALTH. 

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


Statutes,  1883. 

CHAPTER   28. 

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

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

CHAPTER    29. 

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

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


Table  of  Changes.  1445 


1882  —  Continued. 

CHAPTER   36. 

AN  ACT  RELATIVE  TO  NOTICES  IN  CASES  OF  INJURIES  RECEIVED 

ON   HIGHWAYS. 

Amended.     St.  1888,  c.  114.     P.  S.,  c.  52. 

CHAPTP:R   63. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  CLERK  OF  THE 
POLICE  COURT  OF  LOWELL. 

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

CHAPTER   65. 

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

Repealed.     St.  1885,  c.  247.     P.  S.,  c.  91. 

CHAPTER    74. 

AN   ACT   RELATIVE   TO   THE   PRESERVATION   OF   CHECK  LISTS   IN 

CITIES. 

Repealed.     St.  1884,  c.  299,  §  44.     P.  S.,  c.  7. 

CHAPTER   77. 

AN  ACT  TO  PROVIDE  FOR  THE  CUSTODY"  OF  BOOKS  AND  PAPERS 
OF  INSOLVENT  SAVINGS  BANKS. 

Amended.     St.  1884,  c.  72.     P.  S.,c.  116. 

CHAPTER   97. 

AN  ACT  TO  PROVIDE   FOR  THE  INSTRUCTION  AND   EXERCISE   OF 
A   PORTION   OF   THE  VOLUNTEER  MILITIA. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER    102. 
AN  ACT  CONCERNING  FISHERIES,  Etc 
Amended.     St.  1884,  c.  245.     P.  S.,  c.  91. 

CHAPTER    106. 

AN   ACT   IN   RELATION  TO   THE   TAXATION  OF  FOREIGN    MINING 
QUARRYING  AND   OIL   COMPANIES. 

Amended.     St.  1883,  c.  74.     Affected.     Sts.  1884,  c.  330,  §  3  ;   1886, 
c.  230.     P.  S.,  c.  13. 


1446  Public  Statutes. 


1883  —  Continued. 

CHAPTER   108. 

AN   ACT   TO    AUTHORIZE    COUNTY   COMMISSIONERS    TO    CONTB 
TRAVEL    OVER    BRIDGES    CONSTRUCTED    OR    MAINTAINED 
WHOLE   OR  IN  PART  BY  A  COUNTY. 

Section  1,  amended.     St.  1888,  c.  313.     P.  8.,  c.  53. 

CHAPTER   111. 

AN  ACT  AUTHORIZING  THE  TREASURER  AND  RECEIVER-GENERAL 
To   EMPLOY  ADDITIONAL   CLERICAL  ASSISTANCE. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 

CHAPTER   127. 
AN  ACT  RELATING   TO  JUVENILE   OFFENDERS. 
Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  89. 

CHAPTER   129. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  MIDDLESEX. 

Superseded.     St.  1886,  c.  184.     P.  S.,  c.  158. 

CHAPTP:R   139. 
AN  ACT  TO  PERMIT  WOMEN  TO  PRACTISE  AS  ATTORNEYS-AT-LAW. 
Extended.     St.  1883,  c.  252.     P.  S.,  c.  18. 

CHAPTER    148. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  OF  THE 
BOARD  OF  COMMISSIONERS  OF  SAATNGS  BANKS. 

Amended.     St.  1889,  c.  77.     P.  S.,  c.  116. 

CHAPTER   157. 

AN   ACT  TO   PROVIDE   FOR  THE   APPOINTMENT  OF  AN  ASSISTANT 
DISTRICT-ATTORNEY   FOR  THE  EASTERN  DISTRICT. 

AfiEected.     St.  1888,  c.  289.     P.  S.,  c.  17. 

CHAPTER   158. 

AN   ACT  IN  RELATION  TO  THE  RETURNS   OF    BIRTHS   BY   PHYSI- 
CIANS AND  MIDWIVES. 

Amended.     St.  1889,  c  288.     P.  S.,  c.  32. 


Table  op  Changes.  1447 


18S2  —  Contimied. 

CHAPTER   163. 
AN  ACT  FOR  THE  PROTECTION  OF  FORESTS   AGAIlNST  FIRES. 
Affected.     St.  1886,  o.  296,  §  3.     P.  S.,  c.  35. 

CHAPTER    165. 

AN  ACT  RELATING  TO  THE  ASSESSMENT  OF  TAXES  ON  THE  PER- 
SONAL ESTATE  OF  INSOLVENTS,  JOINT  OWNERS  AND  TENANTS 
IN  COMMON. 

Amended.     St.  1887,  c.  125.     P.  S.,  c.  11. 

CHAPTER   166. 
AN  ACT  RELATIVE   TO   FISHING  IN   THE  INIERRIMAC  RIVER. 
Section  1,  amended.     St.  1884,  c.  317.     P.  S.,  c.  91. 

CHAPTER   176. 

AN  ACT  PROVIDING  FOR  A  CLERK  FOR  THE  POLICE  COURT  OF 

CHELSEA. 

In  part  repealed.     St.  1884,  c.  197.     P.  S.,  c.  154. 

CHAPTER   178. 
AN  ACT  RELATING  TO   THE   COMPENSATION  OF   TEE  MILITIA. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   179. 

AN  ACT  RELATIVE  TO  PARADING  WITH  AR:\IS   BY  ASSOCIATIONS 
COMPOSED   OF   SOLDIERS. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   181. 

AN  ACT  RELATING  TO  INDIGENT  AND  NEGLECTED  CHILDREN. 

Section  3,  amended.     Sts.  1886,  c.  330  ;  1888,  c  248.     Sections  1,2,  3, 
amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  48. 

CHAPTER   195. 

AN  ACT  ENLARGING  THE  POWERS  AND  DUTIES  OF  ASSOCIATIONS 
FOR  CHARITABLE   AND   OTHER   PURPOSES. 

Section  1,  repealed.     St.  1888,  c.  429,  §  21.     P.  S.,  c.  119. 


1448  Public  Statutes. 


1883  —  Continued. 

CHAPTER    196. 
AN   ACT   CONCERNING  THE   STATE   LIBRARY. 
Repealed.     St.  1888,  c.  24.     P.  S.,  c.  5. 

CHAPTER   200. 

AN  ACT  TO  EXTEND  THE  TIME   WITHIN  WHICH   SAVINGS  BANKS 
MAY   SELL  CERTAIN   REAL  ESTATE. 

Section  1,  affected.     St.  1886,  c  77.     P.  S.,  c.  116. 

CHAPTER   203. 

AN   ACT  IN  RELATION  TO   THE   OFFICERS   OF   THE  STATE  PRISON 

AT   CONCORD. 

Repealed.     St.  1888,  c.  264,  §  3.     P.  S.,  c.  221. 

CHAPTER   205. 

AN   ACT   CONCERNING   THE   SALARIES   OF   THE   JUSTICES  OF  THE 

SUPERIOR  COURT. 

Repealed.     St.  1888,  c.  274,  §  3.     P.  S.,  c.  152. 

CHAPTER   212. 

AN  ACT  TO  ESTABLISH  AN  AGRICULTURAL  EXPERIMENT  STATION. 

Reports    provided    for.       St.    1883,    c.    105.       Section    2,    amended. 
St.  1888,  c.  333.     P.  S.,  c.  20. 

CHAPTER   217. 

AN   ACT  PROVIDING  FOR  RETURNS  OF  PROPERTY  HELD  FOR  LIT- 
ERARY, BENEVOLENT,  CHARITABi>E  OR   SCIENTIFIC   PURPOSES. 

Section  1,  amended.      St.  1888,  c.  323.     Affected.     St.   1887,  c.  32. 
P.  S.,  c.  11. 

CHAPTER   227. 
AN   ACT   TO   ESTABLISH   THE   DISTRICT   COURT  OF  HAMPSHIRE. 
Section  3,  amended.     St.  1881),  c.  122.     P.  S.,  c.  154. 

CHAPTER   231. 

AN    ACT    TO    ALLOW     SAVINGS    BANKS    AND    INSTITUTIONS    FOR 
SAVINGS   TO  MAKE  ADDITIONAL   INVESTMENTS. 

Amended.     St.   1885,   c.   124.     Repealed.     St.    1887,  c.  423.     P.   S., 
c.  116. 


Table  of  Changes.  IttiO 


1883  —  Continued. 

CHAPTER   232. 

AN  ACT  RELATING  TO  THE  OFFICERS  IN  ATTENDANCE  UPON  THE 
SUPREME  JUDICIAL  COURT  IN  THE  COUNTY  OF  SUFFOLK. 

Section  1,  amended.     St.  1886,  c.  37,  §  2.     P.  S.,  c.  159. 

CHAPTER   233. 

AN  ACT  TO  ESTABLISH  THE  THIRD  AND  FOURTH  DISTRICT  COURTS 
OF  EASTERN  MIDDLESEX  AND  THE  POLICE  COURTS  OF  MARL- 
BOROUGH   AND   BROOKLINE. 

Amended.     St.  1886,  cc.  165,  166.     Section  6,  in  part  superseded.     St. 
1889,  c.  19.     P.  S.,  c.  154. 

CHAPTER    237. 

AN  ACT   RELATING   TO    THE    SETTLEMENT    OF    TITLES    TO    REAL 

ESTATE. 

Extended.     St.  1885,  c.  283.     P.  S.,  c.  176. 

CHAPTER   243. 

AN  ACT   CONCERNING   THE    REDEMPTION   OF  ESTATES   SOLD   FOR 
TAXES  AND   OTHER  ASSESSMENTS. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  e.  12. 

CHAPTER   244. 

AN  ACT  TO  AUTHORIZE  THE  FORMATION  OF  RELIEF  SOCIETIES 
Br  THE  EMPLOYEES  OF  RAILROAD  AND  STEAMBOAT  COR- 
PORATIONS. 

Affected.     St.  1886,  c.  125.     P.  S.,  c.  115. 

CHAPTER   245. 

AN  ACT  RELATING  TO  THE  SALARIES  OF  CERTAIN  JUSTICES  AND 

COURT  OFFICERS. 

Section  1,  superseded  in  part.     Sts.  1886,  cc.  15,  37,  130,  166;    1888, 
c.  195  ;  1889,  cc.  97,  158,  174,  218,  277,  289.     P.  S.,  cc.  154,  159. 

CHAPTER   247. 

AN   ACT  RELATING  TO   THE    CORRECTION    OF  NAMES   UPON   TAX 

BILLS,  Etc. 

Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 


1450  Public  Statutes. 


1882  —  Concluded. 

CHAPTER   250. 

AN  ACT  RELATING  TO   THE  INSPECTION  AND   SALE   OF  CERTAIN 

OILS. 

Repealed.     St.  1885,  c.  122.     P.  S.,  c  102. 

CHAPTER   251. 

AN   ACT  RELATING   TO   CO-OPERATIVE    SAVING   FUND   AND   LOAN 

ASSOCIATIONS. 

Amended.  St.  1885,  c.  121.  lu  part  repealed.  St.  1887,  c.  216. 
P.  S.,  c.  117. 

CHAPTER   257. 

AN     ACT     TO     FIX     THE     COMPENSATION     OF     THE     ASSISTANT 

CLERKS,  Etc. 

Superseded  in  part.     St.  1887,  e.  116.     P.  S.,  c.  2. 

CHAPTER   263. 

AN  ACT  RELATING  TO  THE  ADULTERATION  OF  FOOD  AND  DRUGS. 

Amended.  Sts.  1883,  c.  263,  §  1;  1884,  c.  289;  1886,  c.  171. 
Affected.  St.  1885,  c  352,  §  5.  Section  5,  amended.  St.  1886,  c.  101, 
§  4.     P.  S.,  c.  208. 

CHAPTER   268. 

AN  ACT  TO  PROVIDE  FOR  THE  CORRECTION  OF  OMISSIONS  IN  THE 
REGISTRATION   OF   VOTERS. 

Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 

CHAPTER   270. 

AN  ACT  FOR  THE  BETTER  PROTECTION  OF  CHILDREN. 

Section  4,  amended.  Sts.  1884,  c.  210;  1885,  c.  176.  Section  3, 
amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  48. 

CHAPTER   274. 

AN    ACT    CONCERNING    TRANSPORTATION    OF   LOGS   AND   TIMBER 
UPON  THE   CONNECTICUT  RIVER. 

Section  2,  repealed.     St.  1883,  c.  183,  §  3.     P.  S.,  c.  94. 


Table  of  Changes.  1451 


Statutes,  1883. 

CHAPTER  33. 
AN  ACT  RELATING  TO  REINSURANCE,  Etc. 
Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  36. 

AN   ACT  IN    RELATION    TO    THE    TAKING  AND    KILLING  OF   CER- 
TAIN UNDOMESTICATED   BIRDS. 

Repealed.     St.  1886,  c.  276,  §  11.     P.  S.,  c.  92. 

CHAPTER  52. 

AN  ACT  TO  EXTEND   THE   TIME  WITHIN  WHICH  SAVINGS  BANKS 
MAY  SELL  CERTAIN  REAL  ESTATE. 

Amended.     Sts.  1883,  c.  248;  1886,  c.  77.     P.  S.,  e.  116. 

CHAPTER  54. 

AN  ACT  RELATING  TO  THE  SALARY  OF  THE  MESSENGER  OF  THE 
SUPERIOR  COURT  IN  THE  COUNTY  OF  SUFFOLK. 

Superseded.     St.  1886,  c.  37.     P.  S.,  c.  159. 

CHAPTER  80. 

AN    ACT    PROVIDING    A    CLERK    FOR    THE    DISTRICT    COURT    OF 

HAMPSHIRE. 

Section  2,  superseded.     St.  1886,  c.  106.     P.  S.,  c.  154. 

CHAPTER  101. 

AN  ACT  RELATING  TO  THE  TIME  WITHIN  WHICH  A  CITY  OR 
TOWN  SHALL  SELL  REAL  ESTATE  HELD  UNDEli  A  SALE  OR 
TAKEN   FOR  NON-PAYMENT   OF   TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER  107. 

AN   ACT  IN    RELATION   TO    DEPOSITS   MADE   BY  FOREIGN  INSUR- 
ANCE COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   110. 
AN   ACT  RELATIVE   TO   THE   TRIAL   OF   JUVENILE   OFFENDERS. 
Amended.     St.  1886,  c  101,  §  4.     P.  S.,  c.  89. 


1452  Public  Statutes. 


1883  —  Continued. 

CHAPTER  117. 
AN  ACT  TO   PROMOTE   SAFETY   AT   RAILROAD   GRADE   CROSSINGS, 
Amended.     St.  1888,  c.  240.     P.  S.,  c.  112. 

CHAPrp:R   124. 

AN  ACT  RELATING  TO  THE  REMOVAL  AND  TRANSPORTATION  OF 
CERTAIN  BODIES  FOR  BURIAL. 

Section  2,  amended.     St.  1887,  c.  335.     P.  S.,  c.  32. 

CHAPTER  126. 

AN  ACT  TO  CHANGE  THE  BASIS  UPON  WHICH  THE  INSURANCE 
COMMIS'SIONER  SHALL  COMPUTE  THE  AMOUNT  NECESSARY 
TO  REINSURE,  Etc. 

Repealed.     St.  1887,  e.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  138. 

AN  ACT  RELATIVE  TO  NOTICES  FROM  LOCAL   BOARDS  OF  HEALTH 
IN  CASES  OF  SMALL-POX. 

Amended.     St.  1886,  e.  101,  §  4.     P.  S.,  c.  80. 

CHAPTER  148. 

AN   ACT  TO   PROVIDE  FOR  THE   SUPPORT  OF  THE    CRIMINAL   IN- 
SANE  BY   THE   COMMONWEALTH. 

Sections  2,  3,  amended.     St.  1889,  c.  90.     P.  S.,  c.  87. 

CHAPTER  157. 

AN    ACT    RELATING     TO     THE     EMPLOYMENT     OF     MINORS     AND 

WOMEN. 

Limited.     St.  1884,  c.  275,  §  4.     Affected.     St.  1887,  c.  280.     P.  S., 
cc.  48,  74. 

CHAPTER   164. 

AN    ACT   AUTHORIZING    THE    TREASURER   TO   EMPLOY    AN    ADDI- 
TIONAL  CLERK. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c  16. 

CHAPTER    187. 

AN   ACT    IN    RELATION    TO    BOARDING    HOUSES    AND    BOARDING- 
HOUSE   KEEPERS. 


Affected.     St.  1884,  c.  169.     P.  S.,  c.  102,  §  13. 


Table  op  Changes.  1453 


1883  —  Continued. 

CHAPTER   216. 

AN    ACT    IN    RELATION    TO    THE    COMPENSATION    OF    ASSESSORS, 
MASTERS   IN   CHANCERY   AND   SPECIAL   MASTERS. 

Amended.     Sts..l886,  c.  51  ;  1887,  e.  289.     P.  S.,  c,  159. 

CHAPTER   217. 

AN  ACT  RELATING   TO   THE   EMPLOYMENT   OF  PRISONERS. 

Superseded.     St.   1887,  c.  447,  §  8.     Affected.     St.   1888,  c.  403,  §  2. 
P.  S.,  ec.  220,  221. 

CHAPTER   218. 

AN  ACT  TO  REGULATE  THE  SALE  OF  COAL  BY  MEASURE. 

Amended.     St.  1884,  c.  70.     P.  S.,  c.  60. 

CHAPTER   223. 

AN   ACT   GRANTING  JURISDICTION   IN  EQUITY  TO   THE  SUPERIOR 

COURT. 

Section  5,  amended.     St.  1884,  c.  316.     P.  S.,  c.  151. 

CHAPTER   224. 

AN  ACT  RELATING  TO  THE  EMPLOYMENT  OF  CHILDREN  IN  MAN- 
UFACTURING AND   OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48. 

CHAPTER   229. 

AN     ACT    AUTHORIZING     MODERATORS    AND    TOWN     CLERKS     TO 
APPOINT  TELLERS   IN   TOWN   MEETINGS. 

Amended.     St.  1885,  c.  261.     P.  S.,  c  7. 

CHAPTER   230. 
AN  ACT   CONCERNING  DRESSED  POULTRY. 
Repealed.     St.  1887,  c.  94.     P.  S.,  c.  58. 

CHAPTER   232. 
AN    ACT    RELATING    TO    INDIGENT    AND    NEGLECTED    CHILDREN. 
Section  3,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  84. 

CHAPTER   235. 

AN    ACT     CONCERNING    THE     ADMINISTRATION    OF     THE    STATE 
DEPARTMENT  OF  INSURANCE. 


Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


1454  '  Public  Statutes. 


1883  —  Concluded. 

CHAPTER   239. 

AX  ACT  CONCERNING  THE  MASSACHUSETTS  SCHOOL  FOR  IDIOTIC 
AND   FEEBLE-MINDED   YOUTH. 

In  part  repealed.     St.   1886,  c.  298.     Sectioa  6,  ameuded.     St.  1886, 
c.  101,  §  4.     P.  S.,  c.  87. 

CHAPTER   244. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  ESSEX. 

Superseded.     St.  1888,  c.  112.     P.  S.,  c.  158. 

CHAPTER   251. 

AN    ACT    TO    SECURE    BETTER    PROVISLONS     FOR    ESCAPE    FROM 
HOTELS   AND   CERTAIN   OTHER   BUILDINGS   IN   CASE   OF   FIRE. 

Affected.     St.  1888,  c.  86.     Sectioa  2,  repealed.     St.  1888,  c  426,  §  14. 
P.  S.,  c.  104. 

CHAPTER   252. 

AN    ACT    TO    AUTHORIZE    THE    GOVERNOR    TO    APPOINT    AVOMEN 
WHO  ARE  ATTORNEYS-AT-LAW  SPECIAL  COMMISSIONERS,  Etc. 

Extended.     St.  1889,  c.  197.     P.  S.,  c.  18. 

CHAPTER  258. 

AN  ACT  PROVIDING  FOR  THE  DISPOSITION  OF  UNCLAIMED  MONEY 
IN  THE  HANDS  OF  CERTAIN  INSOLVENT  CORPORATIONS. 

In  part  repealed.     Sts.   1886,  c.  300;  1887,  c.  214,  §   112.     P.  S.,  cc. 
116,  119. 

CHAPTER  262. 

AN    ACT    GIVING   TO    A    WIFE    THE    RIGHT    OF   INTERMENT    IN    A 
BURIAL  LOT  OR  TOMB  OWNED  BY  HER  HUSBAND. 

Not  affected  by  St.  1885,  c.  302.     P.  S.,  c.  82. 

CHAPTER  263. 

AN  ACT  TO  AMEND  AN  ACT  RELATING  TO  THE  ADULTERATION  OF 

FOOD  AND  DRUGS. 

Repealed.     St.  1884,  c  289,  §  6.     P.  S.,  c.  208. 


Table  of  Changes.  1455 


Statutes,  1884. 

CHAPTER  4. 

AX  ACT  RELATIVE  TO  THE  EMPLOYMENT  OF  A  SECOND  CLERK  IN 
THE  BUREAU  OF  STATISTICS  OF  LABOR. 

Superseded.     St.  1888,  c.  llo.     P.  S.,  c.  31. 

CHAPTER  15. 

AN  ACT  CONCERNINC   THE   EMPLOYMENT  OF  CLERKS  AND  OTHER 

ASSISTANCE  IN  THE  OFFICE  OF  THE  SECRETARY  OF  THE  COM- 
MONWEALTH. 

Sectiou  1,  repealed.     St.'  1889,  c.  101.     P.  S.,  c.  15. 

CHAPTER  34. 

AN  ACT  TO  EXTEND  THE  LIMITATION  OF  TIME  FOR  THE  PAl"- 
MENT  OF  STATE  AID  TO  INVALID  PENSIONERS  AND  THEIR 
DEPENDENT  RELATIVES. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER  42. 

AN   ACT   TO    AUTHORIZE    TOWNS   TO   VOTE    MONEY  FOR  CERTAIN 
MEMORIAL  PURPOSES. 

Affected.     St.  1886,  c.  76.     P.  S.,  c.  27. 

CHAPTER  45. 

AN  ACT  TO  PROVIDE  FOR  AN  ALLOWANCE  TO  CERTAIN  OFFICERS 
IN  THE  VOLUNTEER  MILITIA. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER  55. 

AN  ACT  RELATING  TO  THE   PAYMENT   BY  INSURANCE  COMPANIES 
FOR  THE  VALUATION  OF  THEIR  POLICIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  56. 

AN  ACT  TO  LIMIT   THE   LIABILITY  WHICH    MAY  BE  INCURRED  BY 
ANY  ONE  PERSON  TO  SAVINGS  BANKS. 

Repealed.     St.  1884,  c.  168.     P.  S.,  c.  116. 

CHAPTER  58. 

AN  ACT   IN   RELATION   TO  STATEMENTS   MADE   BY  FOREIGN   FIRE 
INSURANCE  COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


1456  Public  Statutes. 


1884  —  Continued. 

CHAPTER  64. 

AN   ACT    TO    PREVENT    THE    SPREAD    OF    CONTAGIOUS    DISEASES 
THROUGH  THE  PUBLIC  SCHOOLS. 

Amended.     St.  1885,  c.  198.     P.  S.,  c.  47. 

CHAPTER  74. 

AN  ACT  AUTHORIZING  INSURANCE   COMPANIES    TO   ELECT   THEIR 
DIRECTORS  BY  CLASSES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c  119. 

CHAPTER   79. 

AN  ACT  TO  FIX  THE   SALARY  OF   THE   SECRETARY   OF   THE   COM- 
MONWEALTH. 

Superseded.     St.  1888,  c.  385.     P.  S.,  c.  15. 

CHAPTER   88. 

AN  ACT  REQUIRING  NOTICE  TO  AUTHORITIES  OF  CITIES  AND 
TOWNS  UPON  APPLICATIONS  FOR  COMMITMENT  OR  ADMISSION 
TO  THE  MASSACHUSETTS  SCHOOL  FOR  THE  FEEBLE-MINDED. 

Repealed.     St.  1886,  c.  298.     P.  S.,  c.  87. 

CHAPTER   95. 

AN   ACT   IN   RELATION    TO    THE    SALARY    OF    THE    ENGINEER   OF 
THE   STATE  PRISON  AT   CONCORD. 

Repealed  so  far  as  inconsisteut  with  St.  1888,  c.  264.     P.  S.,  c.  221. 

CHAPTER   118. 

AN   ACT  RELATING  TO   THE    EXPENSE    OF    RECORDING    PROBATE 
PROCEEDINGS   IN  THE   COUNTY   OF   SUFFOLK. 

Repealed.     St.  1887,  c.  217.     P.  S.,  c.  156. 

CHAPTER   119. 

AN  ACT  IN  RELATION  TO   DEPOSITS   MADE  BY   DOMESTIC   INSUR- 
ANCE. COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   120. 
AN   ACT  RELATING  TO   THE   REINSURANCE   OF  RISKS,   Etc. 
Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


Table  of  Changes.  1457 


1884  —  Continued. 

CHAPTER  125. 
AN  ACT  RELATING   TO  THE   DIVISION  OF   CITIES  INTO   WARDS 
Repealed.     St.  1888,  c.  437,  §  6.     P.  S.,  c.  28. 

CHAPTER  162. 

AN    ACT    RELATIVE    TO    THE     DISPOSITION    OF    RESIDUES    FROM 
SALES   OF  REAL  ESTATE   FOR   UNPAID  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER   166. 

AN    ACT    RELATING   TO    THE    PRINTING    AND    DISTRIBUTION    OF 
THE  LAWS   AND  PUBLIC   DOCUMENTS. 

Repealed.     St.  1885,  c  369,  §  4.     P.  S.,  c.  4. 

CHAPTER   168. 

AN    ACT    IN    RELATION    TO    INVESTMENTS    ON    PERSONAL    SECU- 
RITIES  BY   SAVINGS   BANKS. 

Affected.     St.  1886,  c.  69.     P.  S.,  c.  116. 

CHAPTER  171. 

AN    ACT    TO    LIMIT    THE     TIME    WITHIN    WHICH    TROUT,    LAND- 
LOCKED  SALMON   AND  LAKE   TROUT   MAY  BE  TAKEN. 

Amended.     St.  1888,  c.  276.     P.  S.,  e.  91. 

CHAPTER   174. 

AN   ACT   TO   PROVIDE   FOR  THE  PUNISHMENT  OF  EMBEZZLEMENT 
BY  OFFICERS  AND   SERVANTS   OF   VOLUNTARY  ASSOCIATIONS. 

Affected.     St.  1886,  c.  328.     P.  S.,  c.  203. 

CHAPTER  177. 

AN  ACT  TO  AUTHORIZE  MARINE  INSURANCE  COMPANIES  WITH 
THE  REQUISITE  CAPITAL  TO  INSURE  AGAINST  LOSS  OR 
DAMAGE   BY   FIRE   AND   LIGHTNING. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  178. 

AN   ACT   IN  RELATION   TO    FIRE    AND    MARINE    INSURANCE    COM- 
PANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


1458  Public  Statutes. 


1884  —  Continued. 

CHAPTER  179. 

AN  ACT  AUTHORIZING  ADVANCES  TO  OFFICERS  ENTRUSTED  WITH 
THE  DISBURSEMENT  OF  PUBLIC  MONEYS. 

Affected.     St.  1888,  c.  322.     P.  S.,  c.  16. 

CHAPTER  180. 

AN   ACT    AUTHORIZING    THE    FORMATION    OF    CORPORATIONS    TO 
EXAMINE  AND  GUARANTEE  TITLES  TO  REAL  ESTATE. 

Superseded.     St.  1887,  c.  214,  §§  62,  63.     Extended.    St.  1889,  c.  378. 
P.  S.,  c.  106. 

CHAPTER  181. 

AN  ACT  TO  PROVIDE  FOR  TAKING  THE   DECENNIAL   CENSUS   AND 
THE  INDUSTRIAL  STATISTICS  OF  THE  COMMONWEALTH. 

In  part  repealed.     St.   1886,  c.  174.     Section  9,  repealed.     St.    1888, 
c.  437,  §  6.     P.  S.,  c.  31. 

CHAPTER  190. 

AN  ACT  RELATING  TO   THE   EXAMINATION   OF   CANDIDATES   FOR 

DISTRICT  POLICE. 

Repealed.     St.  1885,  c.  186.     P.  S.,  c.  103. 

CHAPTER  193. 
AN  ACT  CONCERNING  THE  ORDER  OF  TRIALS  IN  CRIMINAL  CASES. 
Affected.     St.  1889,  c.  432.     P.  S.,  c.  214. 

CHAPTER  212. 
AN  ACT  FOR  THE  BETTER  PROTECTION  OF  LOBSTERS. 

Affected.     St.  1885,  c.  256.     Amended.     St.  1887,  c.  314.     P.  S.,c.  91. 

CHAPTER  215. 

AN  ACT  TO  ESTABLISH  THE   FIRST  DISTRICT   COURT   OF   NORTH- 
ERN WORCESTER. 

Section  3,  amended.     St.  1888,  c.  212.     P.  S.,  c.  154. 

CHAPTER  217. 

AN  ACT  TO  FIX  THE  TIME  OF  FILING  THE  ANNUAL  STATEMENTS 
OF  INSURANCE  COMPANIES. 


Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


Table  of  Changes.  1459 


1884  —  Continued. 

CHAPTER  222. 

AN    ACT     REQUIRING     RAILROAD     COMPANIES     TO     USE     SAFETY 
COUPLERS   ON    FREIGHT   CARS. 

Affected.     St.  1886,  c.  242.     P.  S.,  c.  112. 

CHAPTER  223. 

AN  ACT  RELATING  TO  SAFETY  APPLIANCES   IN   HOTELS  AND  PUB- 
LIC BUILDINGS. 

Section  2,  amended.     St.  1888,  c.  86.     P.  S.,  c.  104. 

CHAPTER  226. 
AN  ACT  IN  RELATION  TO  BETTERMENTS,  Etc. 
Affected.     St.  1887,  c.  124.     P.  S.,  c.  51. 

CHAPTER  230. 
AN  ACT   CONCERNING  THE   VOLUNTEER  MILITIA. 
Superseded.     St.  1887,  c.  411.     P,  S.,  c.  14. 

CHAPTER  234. 
AN  ACT   CONCERNING  ASYLUMS   FOR  THE   CHRONIC  INSANE. 
Section  3,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  87. 

CHAPTER  235. 

AN    ACT    TO    PREVENT    DISCRIMINATION     BY     LIFE    INSURANCE 
COMPANIES   AGAINST   PERSONS   OF   COLOR. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  236. 

AN    ACT    TO    PROVIDE    FOR    COMPOSITION    WITH    CREDITORS    IN 

INSOLVENCY. 

Amended.     Sts.  1885,  c.  353  ;  1889,  c.  406.     Affected.     St.  1888,  c. 
405.     P.  S.,  c.  157. 

CHAPTER  242. 

AN   ACT   CONCERNING    SALES   OF    LAND    BY   CITIES    AND    TOWNS 

FOR  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER  247. 
AN  ACT  EXTENDING   THE    AUTHORITY  TO    SUMMON  WITNESSES. 
Repealed.     St.  1885,  c.  141.     P.  S.,  cc.  155,  169. 


14G0  Public  Statutes. 


1884  —  Continned. 

CHAPTER  253. 

AN  ACT  RELATIVE  TO  THE  LOCATION  IN  WHICH  A  SAVINGS  BANK 
OR  INSTITUTION  FOR  SAVINGS  MAY  TRANSACT  ITS  PRINCI- 
PAL  BUSINESS. 

Amended.     St.  1889,  c.  91.     P.  S.,  c.  116. 

CHAPTER  255. 

AN  ACT   TO   ESTABLISH   A  REFORMATORY  FOR   :MALE   PRISONERS. 

Added  to.  Sts.  1884,  c.  331  ;  1885,  c.  35.  Affected.  St.  1888,  c.  49. 
Section  2,  amended.  St.  1886,  c.  101,  §  4.  Sections  33,  34,  affected. 
Sts.  1886,  c.  323  ;  1888,  c.  317.  Sections  19,  22  are  repealed.  St.  1888, 
e.  335,  §  3.  Section  30  is  repealed.  St.  1888,  c.  337,  §  2.  Sections  28, 
30,  amended.     St.  1888,  c.  403,  §  7.     P.  S.,  c.  221. 

CHAPTER  275. 

AN    ACT   RELATING   TO    THE    EMPLOYMENT   OF   MINORS    IN    MER- 
CANTILE  ESTABLISHMENTS. 

Section  4,  affected.     St.  1887,  c.  280,  §  1.     P.  S.,  c.  74. 

^         CHAPTER  282. 
AN  ACT  FOR  THE  PROTECTION  OF  GAME,  Etc. 
Repealed.     St.  1887,  c.  111.     P.  S.,  c.  92. 

CHAPTER  284. 
AN  ACT  RELATING  TO  THE  PLANTING  AND  GROWING  OF  OYSTERS. 
Affected.     St.  1885,  c.  220,  §  1.     P.  S.,  c.  91. 

CHAPTER  289. 
AN  ACT  RELATING  TO  THE  ADULTERATION  OF  FOOD  AND   DRUGS. 
Sections  1,  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  58. 

CHAPTER  296. 

AN  ACT  RELATING  TO  THE   FORMATION  OF  COMPANIES  TO  GUAR- 
ANTEE THE  FIDELITY   OF  PERSONS,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  297. 

AN   ACT   PROVIDING   FOR    THE    APPOINTMENT  OF   TRUSTEES    FOR 
THE   STATE   ALMSHOUSE   AND   THE   STATE   WORKHOUSE. 

Section  4,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  88. 


Table  of  Changes.  14.61 


1884  —  Continued. 

CHAPTER  298. 

AN   ACT  TO  ASCERTAIN   BY  PROPER  PROOFS  THE   CITIZENS  WHO 
ARE   ENTITLED  TO  THE   RIGHT  OF   SUFFRAGE. 

Sections  11,  12,  amended.  St.  1888,  c.  200.  Section  14,  affected.  Sts. 
1885,  c.  246;  1887,  c.  432.  Amended.  St.  1889,  c.  69.  Sections  20,  26, 
amended.  St.  1889,  c.  404,  §  13.  Section  25,  amended.  St.  1885,  c.  271, 
§  6.  Section  28,  amended.  St.  1886,  c.  68.  Section  32,  amended.  St. 
1888,  c.  164.     P.  S.,  c.  6. 

CHAPTER  299. 

AN  ACT   CONCERNING  ELECTIONS   AND   VOTING  THEREIN. 

Affected.  St.  1886,  c.  264.  Section  5,  amended.  St.  1885,  c.  142. 
Section  27,  limited.  St.  1888,  c.  353.  Amended.  St.  1885,  cc  5,  351. 
Sections  14-17,  extended.     St.  1887,  c.  443.     P.  S.,  c.  7. 

CHAPTER  304. 
AN  ACT  RELATING  TO  PRACTICE   IN   THE   SUPERIOR  COURT. 
Affected.     St.  1889,  c.  459.     P.  S.,  c.  167. 

CHAPTER  307. 
AN  ACT  TO   PREVENT   THE  ADULTERATION  OF  VINEGAR. 
Section  2,  amended.     St.  1885,  c.  150.     P.  S.,  c.  60. 

CHAPTER  310. 

AN  ACT  IN  RELATION  TO  THE  INSPECTION   AND   SALE   OF  MILK 

AND   BUTTER. 

Section  1,  amended.  St.  1886,  c.  317.  P.  S.,  c.  56.  Sections  3,  4, 
amended.     St.  1886,  c.  318.     P.  S.,  c.  57. 

CHAPTER  318. 
AN  ACT  TO  PREVENT  THE  USE  OF  NETS  IN  PONDS. 
Section  3,  not  affected.     St.  1886,  c.  234.     P.  S.,  c.  91. 

CHAPTER  319. 

AN    ACT    PROVIDING    FOR    THE    COMPENSATION   OF   MEMBERS   OF 

THE  LEGISLATURE. 


Superseded.     St.  1886,  c.  352.     P.  S.,  c.  2. 


1462  Public  Statutes. 


1884  —  Concluded. 

CHAPTER  320. 

AN    ACT    TO    IIMPROVE    THE    CIVIL    SERVICE    OE    THE    COMMON- 
WEALTH  AND   THE   CITIES   THEREOF. 

Amended.  Sts.  1887,  c.  437;  1888,  c.  41;  1889,  c.  177.  Affected. 
St.  1889,  c.  473.  Extended.  St.  1889,  c.  352.  Section  4,  amended.  St. 
1888,  c.  334.  Section  17,  amended.  St.  1889,  c.  183.  Section  19, 
amended.     St.  1888,  c  253.     Section  20,  amended.     St.  1889,  c.  351. 

CHAPTER   322. 

AN    ACT    TO    ESTABLISH   A  HOMOEOPATHIC    HOSPITAL    FOR    THE 

INSANE. 

Sections  7,  9,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  87. 

CHAPTER  330. 

AN  ACT  CONCERNING  FOREIGN  CORPORATIONS  HAVING  A  USUAL 
PLACE   OF  BUSINESS   IN  THIS   COMMONWEALTH. 

Affected.  St.  1886,  c.  230.  Sections  1,2,  extended.  St.  1889,  c.  393, 
P.  S.,  c.  105. 


Statutes,  1885. 

CHAPTER   5. 
AN  ACT   CONCERNING  ELECTIONS   IN  TOWNS. 
Amended.     St.  1885,  c.  351.     P.  S.,  c.  7. 

CHAPTER    15. 

AN  ACT  PROVIDING  FOR  ADDITIONAL   CLERICAL   ASSISTANCE    IN 
THE   OFFICE   OF   THE   TREASURER. 

Repealed.     St.  188,6,  c.  38.     P.  S.,  c.  16. 

CHAPTER   52. 

AN  ACT  IN  RELATION  TO  CLERICAL   ASSISTANCE   FOR  THE   COM- 
MISSIONERS  OF  PRISONS. 

Repealed.     St.  1888,  c.  328.     P.  S.,  c.  219. 

CHAPTER    79. 

AN  ACT  TO   ESTABLISH   THE    SALARY  OF  THE    JUSTICE    OF    THE 
MUNICIPAL   COURT  OF   THE  DORCHESTER  DISTRICT. 

Affected.     St.  1886,  c.  124.     P.  S.,  c.  154. 


Table  of  Chaxges.  1463 


1885  —  Continued. 

CHAPTER    131. 
AN  ACT  TO   INCREASE   THE   DISTRICT   POLICE. 
Affected.     St.  1887,  c.  256.     P.  S.,  c.  103. 

CHAPTER   134. 

AN  ACT  AUTHORIZING  THE  SUPERIOR  COURT  TO  HOLD  SES- 
SIONS BY  ADJOURNMENT  AT  BROCKTON  IN  THE  COUNTY 
OF  PLYMOUTH. 

In  part  repealed.     St.  1886,  c.  218.     P.  S.,  c.  152. 

CHAPTER    144. 

AN  ACT  RESPECTING  COMPLAINTS   IN  CERTAIN   CRIMINAL  PROSE- 
CUTIONS. 

Repealed.     St.  1886,  c.  53.     P.  S.,  c.  213. 

CHAPTER    147. 
AN  ACT  RELATING  TO  RENT   OF  ARMORIES. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   148. 

AN  ACT  TO  AID  IN  THE   SUPPRESSION   OF  CONTAGIOUS   DISEASES 
AMONG  DOMESTIC  ANIMALS. 

Repealed.     St.  1887,  c.  252,  §  24.     P.  S.,  c.  90. 

CHAPTER    156. 

AN    ACT    RELATING    TO    THE    SUBDIVISION    OF    CITIES    FOR    THE 
PURPOSE   OF  TAKING  THE  DECENNIAL   CENSUS. 

Repealed.     St.  1888,  c.  437,  §  6.     P.  S.,  c.  28. 

CHAPTER   158. 

AN  ACT  TO  FURNISH  THE  STATE  BOARD  OF  HEALTH,  LUNACY 
AND  CHARITY  WITH  AN  OFFICER  OF  THE  DISTRICT  POLICE 
TO  COLLECT  CERTAIN  INFORMATION  FOR  THE  BOARD. 

Amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  80. 

CHAPTER    165. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND   INSOLVENCY   FOR  THE   COUNTY   OF   BRISTOL. 


Superseded.     St.  1889,  c.  211.     P.  S.,  c.  158. 


1464  Public  Statutes. 


1885  —  Continued. 

CHAPTER   168. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  DISTRICT  ATTORNEY 
FOR  THE  MIDDLE  DISTRICT. 

Superseded.     St.  1889,  e.  250.     P.  S.,  c.  17. 

CHAPTER    173. 

AN  ACT  EXTENDLk^G  THE  STATE  AID  LAWS  TO  THE  THREE 
MONTHS'  MEN  TROOPS  OF  THE  YEAR  EIGHTEEN  HUNDRED 
AND   SIXTY-ONE. 

Repealed.     St.  1889,  e.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER   193. 
AN  ACT  TO  PREVENT   THE   TAKING  OF  BLUE-FISH,  Etc. 
Repealed.     St.  1887,  c.  120.     P.  S.,  c.  91. 

CHAPTER    194. 

AN   ACT   TO  PROMOTE  THE  ABOLITION  OF  GRADE   CROSSINGS   BY 
RAILROADS  AND   HIGHWAYS. 

Section  4,  amended.     St.  1887,  c.  295.     P.  S.,  c.  112. 

CHAPTER  204. 
AN  ACT  IN  RELATION  TO  THE  PAYMENT  OF  STATE  AID,  Etc. 
Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER   205. 

AN  ACT  RELATING  TO  CLERICAL  ASSISTANCE  IN  THE  OFFICE 
OF  THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE 
COUNTY  OF   SUFFOLK. 

Section  1  is  amended.     St.  1888,  c.  280.     P.  S.,  c.  158. 

CHAPTER   214. 

AN  ACT  TO  INCREASE  THE  SALARY  OF  THE  THIRD  COMMISSIONER 

OF   STATE  AID. 

Repealed.     St.  1889,  c.  279,  §  11.     P.  S.,  c.  30. 

CHAPTER   216. 

AN  ACT  PROHIBITING  THE   SALE  OR  DELIVERY  OF  INTOXICATING 
LIQUORS   ON   ELECTION   DAYS. 

Limited.     St.  1889,  c.  186.     Extended.     St.  1889,  c.  361.     P.  S.,c.lOO. 


Table  of  Changes.  1465 


1885  —  Continued. 

CHAPTER   220. 

AX  ACT  IN  RELATION  TO  LICENSES    TO   PLANT,   GROW  AND   DIG 
OYSTERS,   AND   TO   THE   TAKING   OF   SCALLOPS. 

Section  3,  repealed.     St.  1888,  c.  223,  §  5.     Section  4,  repealed.     St. 
1887,  c.  96.     P.  S.,  c.  91. 

CHAPTER   222. 

AN    ACT    RELATING    TO     THE    EMPLOYMENT     OF    CHILDREN    IN 
MANUFACTURING  AND   OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S-T  c.  48. 

CHAPTER   236. 
AN  ACT   CREATING  THE  AMBULANCE   CORPS,  Etc. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c  14. 

CHAPTER   238. 

AN    ACT    RELATING    TO     THE    TAXATION    OF    TELEPHONE    COM- 
PANIES. 

Amended.     St.  1886,  c.  270.     P.  S.,  c.  13. 

CHAPTER  241. 

AN  ACT  IN  RELATION  TO    FOREIGN    FIDELITY  ASSURANCE   COM- 
PANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   242. 

AN  ACT  GIVING  PROBATE  COURTS  AUTHORITY  TO  GRANT  ORIG- 
INAL ADMINISTRATION  AFTER  THE  EXPIRATION  OF  TWENTY 
YEARS   FROM  THE   DEATH   OF  AN   INTESTATE. 

Repealed.     St.  1889,  c.  192.     P.  S.,  c.  130. 

CHAPTER   255. 

AN  ACT  RELATING  TO  THE  POWERS  OF  MARRIED  WOMEN  IN 
THE  DISPOSAL  OF  THEIR  SEPARATE  ESTATE  BY  WILL  OR 
DEED. 

Affected.     St.  1887,  c.  290.     P.  S.,  c.  147. 

CHAPTER  265. 

AN  ACT   AUTHORIZING   THE   FORMATIONS   FOR   THE    PURPOSE   OF 
CREMATING  THE   BODIES   OF  THE  DEAD. 

Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  82. 


1466  Public  Statutes. 


1885  —  Continued. 

CHAPTER  271. 

AN    ACT    RELATING    TO    THE    ASSESSMENT    AND    REGISTRATION 

OF  VOTERS. 

Amended.     St.  1889,  c.  196.     Section  1,  amended.     St.  1886,  cc.  68, 
264,  §  3.     Affected.     St.  1889,  c.  186.     P.  S.,  c.  6. 

CHAPTER   277. 

AN  ACT  TO  ESTABLISH   THE   SALARIES   OF   THE    COMMISSIONERS 
OF  THE   COUNTIES   OF  ESSEX,   MIDDLESEX  AND   NORFOLK. 

In  part  superseded.     St.  1889,  c.  303.     P.  S.,  c.  22. 

CHAPTER   291. 

AN  ACT   PROVIDING    FOR    THE  APPOIXTMENT   OF   OFFICIAL   STE- 
NOGRAPHERS  FOR   THE   SUPERIOR   COURTS. 

Amended.     St.  1887,  c.  74.     P.  S.,  c.  159. 

CHAPTER   292. 
AN  ACT  IN  RELATION   TO   THE  LICENSING  OF  DOGS. 
Limited.     St.  1887,  c.  307.     P.  S.,  c.  102. 

CHAPTER   300. 

AN    ACT    RELATING    TO    INSURANCE     BY    FOREIGN     INSURANCE 

COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   308. 

AN  ACT  TO  ALLOW  INSURANCE  COMPANIES  TO  MAKE  ADDITIONAL 
INVESTMENTS  OF  THEIR  CAPITAL  STOCK. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   309. 

AN  ACT  AUTHORIZING  CITIES  AND  TOWNS  TO  LICENSE  GROVES, 

Etc. 

Extended.     St.  1887,  c.  445.     P.  S.,  c.  102. 

CHAPTER   312. 

AN    ACT    TO    LIMIT    MUNICIPAL    DEBT    OF    AND    THE    RATE    OF 
TAXATION  IN   CITIES. 

Various  cities  exempted  from.     Sts.   1886,  c  178;    1889,  cc.  157,  172, 
176.     Section  4,  amended.     St.  1889,  c.  372.     P.  S.,  c.  29. 


Table  or  Changes.  IttGT 


1885  —  Continued. 

CHAPTER   313. 
AN  ACT  TO  ESTABLISH  A  BOARD  OF  REGISTRATION  IN  PHARMACY. 

Section  3,  repealed.     St.  1887,  c.  267.     P.  S.,  c.  67a. 

CHAPTER   314. 

AN  ACT  TO  ESTABLISH  A  BOARD   OF   GAS   COMMISSIONERS. 

Affected,  St.  1888,  c.  350.  Section  1,  amended.  St.  1889,  c.  373. 
Sections  6,  7,  9,  12,  13,  14,  extended.  St.  1887,  c.  382.  Section  7, 
amended.     St.  1886,  c.  346,  §  2.     P.  S.,  c.  61. 

CHAPTER   320. 

AN   ACT  TO  PROVIDE   FOR  THE  REMOVAL   OF  THE  INSANE   PRIS- 
ONERS FROM   THE   MASSACHUSETTS  REFORMATORY. 

Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  222. 

CHAPTER  321. 

AN  ACT  TO  PERMIT  A  CLERK  OF  THE  SUPERIOR  COURT  AND 
OF  THE  MUNICIPAL  COURT  IN  BOSTON  TO  IMPRINT  A  FAC- 
SIMILE  OF   HIS   SIGNATURE  UPON  PROCESSES   ISSUED  BY  HIM. 

Repealed.     St.  1886,  c.  13.     P.  S.,  c.  161. 

CHAPTER   326. 

AN  ACT  TO    PREVENT    THE    CONSTRUCTION    OF  WOODEN    FLUES 
FOR  HEATING  OR  VENTILATING  PURPOSES. 

Repealed.     St.  1888,  c.  426,  §  14.    P.  S.,  c.  104. 

CHAPTER   327. 

AN  ACT  IN  ADDITION  TO  AN  ACT  TO  ESTABLISH  AN  AGRICULTURAL 

EXPERIMENT   STATION. 

Affected.     St.  1887,  c.  31.     P.  S.,  c.  20. 

CHAPTER   339. 

AN  ACT  CONCERNING  HOSPITAL  TREATMENT  FOR  CERTAIN  PER- 
SONS SUBJECT  TO  DIPSOMANIA  OR  HABITUAL  DRUNKENNESS. 

Affected.     St.  1889,  c.  414.     P.  S.,  c.  87. 

CHAPTER   341. 
AN  ACT  RELATING   TO  WRECKS  AND   SHIPWRECItED   GOODS. 
Repealed.     St.  1887,  c.  98,  §  16.     P.  S.,  c.  97. 


1468  Public  Statutes. 


1885  —  Concluded. 

CHAPTER  345. 

AN  ACT  IN   RELATION  TO  NATURALIZATION. 

Amended.     St.  1886,  cc.  4o,  203.     Section  5,  amended.     St.   1887,  c. 
36.     Section  7,  repealed.     St.  1887,  c.  329.     P.  S.,  c.  160. 

CHAPTER   352. 

AN  ACT  IN  RELATION  TO   THE    INSPECTION  AND   SALE   OF   MILK 

AND  BUTTER. 

Amended.     St.  1886,  cc.  317,  318.     P.  S.,  cc.  56,  57. 

CHAPTER   353. 

AN    ACT    RELATING    TO    COMPOSITION   WITH    CREDITORS    IN    IN- 
SOLVENCY. 

Affected.     St.  1888,  c.  405.     P.  S.,  c.  157. 

CHAPTER   354. 

AN   ACT  TO   AUTHORIZE    THE    FORMATION   OF   MUTUAL  FIRE  IN- 
SURANCE  COMPANIES   WITH   A  SUBSCRIPTION   FUND. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   369. 

AN    ACT     CONCERNING    THE    PRINTING    AND    DISTRIBUTION    OF 
CERTAIN  REPORTS   AND  PUBLIC   DOCUMENTS. 


Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 


Statutes,  1886. 

CHAPTER  31. 

AN    ACT    TO    INCREASE    THE    NUMBER    OF    ASSOCIATE    JUSTICES 
OF  THE   SUPERIOR  COURT. 

Superseded.     St.  1888,  c.  58.     P.  S.,  c.  152. 

CHAPTER   38. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  IN  THE 
OFFICE  OF  THE  TREASURER  AND  PROVIDE  FOR  THEIR  PROPER 
DESIGNATION. 

Affected.     St.  1886,  c.  334.     P.  S.,  e.  16. 


Table  of  Changes.  1469 


1886  —  Continued. 

CHAPTER   39. 

AN  ACT    EXTENDING   THE   STATE   AID   LAWS   TO   THE   ONE   HUN- 
DRED DAYS'  TROOPS  OF  EIGHTEEN  HUNDRED  AND  SIXTY-FOUR. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER  49. 

AN  ACT  TO  REGULATE  THE  PRINTING  AND  DISTRIBUTING  OF 
BALLOTS  ON  THE  QUESTION  OF  GRANTING  LICENSES  FOR  THE 
SALE   OF  INTOXICATING  LIQUOR. 

Superseded.     St.  1888,  c.  436.     P.  S.,  c.  7. 

CHAPTER   5^. 
AN  ACT  IN  RELATION  TO  THE  COMPENSATION  OF  REFEREES.  Etc. 
•  Amended.     St.  1887,  c.  289.     P.  S.,  c.  188. 

CHAPTER   63. 

AN  ACT  IN  AMENDMENT   OF   CHAPTER  FOURTEEN  OF  THE  PUBLIC 

STATUTES,  Etc. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   68. 

AN  ACT  IN  RELATION  TO   THE   ASSESSMENT  AND  REGISTRATION 
OF  WOMEN  AS  VOTERS. 

Amended.     St.  1889,  c.  196.     P.  S.,  c.  6. 

CHAPTER   82. 

AN  ACT  AUTHORIZING  BAKERS  TO  MAKE   SALES  DURING  CERTAIN 
HOURS   OF   THE  LORD'S   DAY. 

Repealed.     St.  1887,  c.  391,  §  4.     P.  S.,  c.  98. 

CHAPTER  85. 

AN    ACT    GIVING    ADDITIONAL    TIME    FOR    THE    ASSESSMENT    OF 
TAXES  IN   CERTAIN  CASES. 

Superseded.     St.  1888,  c.  362.     P.  S.,  c.  11. 

CHAPTER  87. 

AN  ACT  TO  PROVIDE  FOR  THE  WEEKLY  PAY^MENT  OF  WAGES  BY 

CORPORATIONS. 

Amended.     St.  1887,  c.  399.     P.  S.,  c.  74. 


1470  Public  Statutes. 


1886  —  Continued. 

CHAPTER  90. 

AN  ACT  TO  AMEND  SECTION  FOUR  OF  CHAPTER  SEVENTY-F.OUR 
OF  THE  PUBLIC  STATUTES  RELATIVE  TO  THE  PRINTED  NOTICE 
REQUIRED  IN  MANUFACTURING  ESTABLISHMENTS. 

Repealed.     St.  1887,  c.  280,  §  2.     P.  S.,  c.  74. 

CHAPTER  101. 
AN  ACT  TO   ESTABLISH  A   STATE  BOARD   OF  HEALTH. 
Section  3,  amended.     St.  1889,  c.  370.     P.  S.,  c.  79. 

CHAPTER  105. 

AN  ACT  TO  ENABLE  THE  QUARTERMASTER-GENERAL  TO  REQUIRE 
ANNUAL  RETURNS,  Etc. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   110. 

AN  ACT  TO  AMEND  SECTION  EIGHTEEN  OF  CHAPTER  THIRTY  OF 
THE  PUBLIC  STATUTES  IN  RELATION  TO  THE  APPOINTMENT 
OF  PERSONS  TO  INVESTIGATE  CLAIMS  FOR  REIMBURSEMENT 
OF   STATE  AID  UNDER   SAID   CHAPTER. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

'     CHAPTER  130. 

AN  ACT  RELATING  TO   THE   SALARIES   OF   CERTAIN  COURT  OFFI- 
CERS IN  THE   COUNTY  OF   SUFFOLK. 

In  part  superseded.     St.  1888,  c.  195.     P.  S.,  c.  154. 

CHAPTER  155. 

AN    ACT    TO    ESTABLISH    THE    SALARY    OF    THE    CLERK    OF    THE 
POLICE   COURT   OF   SPRINGFIELD. 

Superseded.     St.  1889,  c.  28.     P.  S.,  c.  154. 

CHAPTER  169. 

AN  ACT  RELATING  TO  THE  RETURN  OF  FEES,  COSTS,  FINES,  FOR- 
FEITURES AND  OTHER  MONEYS  BY  CERTAIN  OFFICERS. 

Repealed.     St.  1887,  c.  438,  §  8.     P.  S.,  c.  16. 

CHAPTER  184. 

AN"  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  THE  PRO- 
BATE COURT  FOR  THE  COUNTY  OF  MIDDLESEX. 

Superseded.     St.  1889,  c.  251.     P.  S.,  c.  158. 


Table  of  Changes.  1471 


1886  —  Continued. 

CHAPTER  187. 

AN  ACT  ESTABLISHING  THE  SALARIES  OF  CERTAIN  CLERKS,  Etc., 
IN  THE  DEPARTMENT  OF  THE  INSURANCE  COMMISSIONER. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  192. 

AN  ACT  FOR  THE  PROTECTION  OF  THE  FISHERIES  IN  BUZZARD'S 

BAY. 

Section  4,  amended.     St.  1887,  c.  197.     P.  S.,  c.  91. 

CHAPTER  202. 

AN  ACT  TO  PROHIBIT  THE  SEINING  OF  BLUE-FISH  IN  THE  WATERS 
OF  VINEYARD  SOUND  OPPOSITE  THE  TOWNS  OF  BARNSTABLE 
AND  MASHPEE. 

Repealed.     St.  1887,  c.  120.     P.  S.,  c.  91. 

CHAPTER  216. 

AN  ACT  RELATIVE  TO   THE   APPOINTMENT  OF  A  LAW  CLERK  AS 
AN  ASSISTANT  IN  THE  ATTORNEY-GENERAL'S  DEPARTMENT. 

Affected.     St.  1889,  c.  402.     P.  S.,  c.  17. 

CHAPTER  222. 

AN    ACT     EXTENDING     THE     POWERS    OF    CERTAIN     INSURANCE 

COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  231. 

AN  ACT  IN  RELATION  TO  THE  EXEMPTION  OF  THE  PROPERTY  OF 
CERTAIN  LITERARY  AND  OTHER  ASSOCIATIONS  FROM  TAXATION. 

Superseded.     St.  1889,  c.  465.     P.  S.,  c.-ll. 

CHAPTER  237. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  ADJUTANT- 
GENERAL  AND  THE  FIRST  CLERK  IN  THE  DEPARTMENT  OF 
THE   ADJUTANT-GENERAL. 

Superseded.     St.  1887,  c.  411,  §  13.     P.  S.,  c.  14. 

CHAPTER  241. 

AN  ACT  TO  PROVIDE  FOR  THE   CARE   AND   EDUCATION  OF   CHIL- 
DREN  WHO   ARE   BOTH  DEAF  MUTES  AND  BLIND. 

Repealed.     Sts.  1887,  c.  179,  §  2  ;  1888,  c.  239.     P.  S.,  c.  41. 


14:72  Public  Statutes. 


1886  —  Continued. 

CHAPTER  251. 

AX  ACT  TO  ESTABLISH  THE   SALARIES  OF  THE  COUXTY  COMMIS- 
SIONERS OF  WORCESTER,  BRISTOL  AND  MIDDLESEX  COUNTIES. 

In  part  superseded.     St.  1889,  c.  339.     P.  S.,  c.  22. 

CHAPTER  252. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  COMMISSIONERS 
OF  SAVINGS  BANKS  AND  OF  THE  FIRST  AND  SECOND  CLERKS 
OF   SAID   COMMISSIONERS. 

Section  1,  repealed.     St.  1889,  c.  77.     Section  3,  superseded.     St.  1889, 
c.  321.     P.  S.,  c.  116. 

CHAPTER  259. 

AN  ACT  TO  PROVIDE  FOR  RETURNS  OF  CERTIFICATES  OF  DAM- 
AGE BY  DOGS,  Etc. 

Section  1,  repealed.     St.  1889,  c.  454,  §  6.     P.  S.,  c.  102. 

CHAPTER  263. 

AN  ACT  TO  PROVIDE  FOR  A  STATE  BOARD  OF  ARBITRATION,  Etc. 

Amended.     St.  1887,0.269.     Section  1,  amended.     St.  1888,  c.  261. 
P.  S.,  c.  74. 

CHAPTER  264. 

AN  ACT  TO  PROVIDE  FOR  PRECINCT  VOTING  IN   TOWNS. 

Affected.     St.  1888,  c.  146.     P.  S.,  c.  7. 

CHAPTER  274. 
AN   ACT  TO  PROTECT  THE  PURITY  OF  INLAND   WATERS. 
Repealed.     St.  1888,  c.  375.     P.  S.,  c.  80. 

CHAPTER  276. 

AN  ACT  FOR  THE  BETTER  PRESERVATION  OF  BIRDS  AND  GAME. 

Section  1,  amended.     St.  1888,  c.  292.     Section  6,  limited.     St.  1887, 
c.  300.     P.  S.,c.  92. 

CHAPTER  283. 

AN    ACT    TO    ESTABLISH    WARDS,    PRECINCTS    AND    ASSESSMENT 
DISTRICTS  IN  THE   CITIES  OF  THE   COMMONWEALTH. 

Section  1,  amended.     St.  1889,  c  115.     P.  S.,  c.  28. 

CHAPTER  295. 
AN    ACT    TO    ESTABLISH    THE    OFFICE    OF    AUDITOR    IN    TOWNS. 
Amended.    St.  1888,  c.  221.    Affected.    St.  1889,  c.  191.    P.  S.,  c.  27. 


Table  of  Changes.  1473 


1886  —  Concluded. 

CHAPTER  298. 

AN    ACT    CONCERNING    THE    MASSACHUSETTS    SCHOOL    FOR    THE 

FEEBLE-MINDED. 

Section  4,  repealed.     St.  1887,  c.  123.     P.  S.,  c.  87. 

CHAPTER  305. 
AN  ACT   CONCERNING  THE  PUNISHMENT   OF  RAPE. 
Amended.     St.  1888,  c.  391.     P.  S.,  c.  202. 

CHAPTER  320. 

AN   ACT   CONCERNING   SALES    OF    LAND    BY    CITIES    AND    TOWNS 

FOR  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12.     • 

CHAPTER  334. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  IN  THE 
DEPARTMENT  OF  THE  TREASURER  AND  RECEIVER-GENERAL. 

Amended.     St.  1889,  c.  349.     P.  S.,  c.  16. 

CHAPTER   346. 

AN  ACT  IN  RELATION  TO  GAS   COMPANIES. 

Sections  1,   2,  5,  extended.     St.  1887,  c.  382.      Section  2,  amended. 
St.  1888,  c.  122.     P.  S.,c.  61. 


Statutes,  1887. 

CHAPTER   24. 

AN  ACT  TO  AUTHORIZE  THE  APPOINTMENT  OF  OFFICIAL  STENOG- 
RAPHERS IN  SUFFOLK,  AND  TO  ESTABLISH  THEIR  FEES. 

In  part  repealed.     St.  1889,  c.  324.     P.  S.,  c.  159. 

CHAPTER   38. 
AN  ACT  REGULATING  THE   SALE   AND   PURCHASE   OF  POISONS. 
Repealed.     St.  1888,  c.  209,  §  2.     P.  S.,  c.  208. 

CHAPTER   96. 
AN  ACT  RELATING  TO  THE  TAKING  OF  SCALLOPS. 
Section  1,  limited.     St.  1888,  c.  238.     P.  S.,  c.  91. 


1474  Public  Statutes. 


1887  —  Continued. 

CHAPTER   103. 

AN  ACT  TO  SECURE  PROPER  SANITARY  PROVISIONS  IN  FACTORIES 

AND  AVORKSHOPS. 

Amended.     St.  1888,  c.  305.     P.  S.,  cc.  48,  74. 

CHAPTER   110. 

AN  ACT  IN  RELATION  TO  THE  ACCOUNTS  OF  COLLECTORS  OF 

TAXES. 

Superseded.     St.  1888,  c.  385.     P.  S.,  c.  12. 

CHAPTER    112. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF   THE   CLERK    OF   COURTS 
FOR  THE   COUNTY   OF   DUKES   COUNTY. 

Superseded.     St.  1888,  c.  257.     P.  S.,  c.  159. 

CHAPTER    122. 

AN  ACT  CONCERNING  THE  PAl'MENT  OF  STATE  AID  TO  THE 
WIDOWS   OF   CERTAIN   SOLDIERS,   SAILORS   AND   MARINES. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30.      . 

CHAPTER   142. 

AN  ACT  RELATING  TO  THE  COLLECTION  OF  TAXES  ASSESSED 
UPON  THE  SHARES  OF  BANKS  LOCATED  WITHIN  THIS  COM- 
MONWEALTH. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER   160. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  DISTRICT  ATTORNEY. 
THE  ASSISTANT  DISTRICT  ATTORNEYS  AND  THE  CLERK  OF  THE 
DISTRICT  ATTORNEY  FOR  THE  SUFFOLK  DISTRICT. 

In  part  superseded.     St.  1889,  c.  238.     P.  S.,  c.  17. 

CHAPTER    179. 

AN  ACT  TO  PROVIDE  FOR  THE  FREE  INSTRUCTION  OF  DEAF 
MUTES  OR  DEAF  CHILDREN. 

Repealed.     St.  1888,  c.  239.     P.  S.,  c.  41. 

CHAPTER    196. 
AN  ACT   RELATING  TO  INVESTMENTS   BY   SAVINGS   BANKS. 
Amended.     St.  1888,  c.  213.     P.  S.,  c.  116. 


Table  of  Changes.  1475 


1887  —  Continued. 

CHAPTER   212. 

AN  ACT  TO  ACCEPT  AN  ANNUAL  APPROPRIATION  OF  MONEY  BY 
THE  CONGRESS  OF  THE  UNITED  STATES  FOR  THE  SUPPORT 
OF  AGRICULTURAL  EXPERIMENTS  WITHIN  THE  COMMON- 
WEALTH. 

Amended.     St.  1889,  c.  111.     P.  S.,  e.  20. 

CHAPTER  214. 

AN  ACT  TO  AMEND  AND  CODIFY  THE  STATUTES  RELATING  TO 

INSURANCE. 

Limited.  St.  1888,  c.  429,  §  19.  Section  5,  amended.  St.  1888,  c.  84. 
Section  31,  amended.  St.  1888,  c.  141.  Section  60,  added  to.  St.  1888, 
c.  151.  Section  62,  amended.  St.  1889,  c.  378.  Section  80,  amended. 
St.  1889,  c.  356.     P.  S.,  c  119. 

CHAPTER  215. 

AN  ACT  TO  SECURE  UNIFORM  AND  PROPER  MEAL  TIMES  FOR 
CHILDREN,  YOUNG  PERSONS  AND  WOMEN  EMPLOYED  IN 
FACTORIES   AND   WORKSHOPS. 

Amended.  St.  1887,  c.  330.  Affected.  St.  1887,  c.  280,  §  1.  P.  S., 
c.  74. 

CHAPTER  219. 

AN  ACT  TO  AMEND  SECTION  TWENTY-THREE  OF  CHAPTER  ONE 
HUNDRED  AND  FOUR  OF  THE  PUBLIC  STATUTES  RELATING 
TO  THE  AUTHORITY  OF  INSPECTORS  OF  FACTORIES  AND 
PUBLIC  BUILDINGS. 


Repealed.     St.  1887,  c.  276.     P.  S.,  c.  104. 


CHAPTER  234. 


AN    ACT    TO     PROVIDE     FOR     THE      APPOINTMENT     OF    POLICE 

MATRONS,  Etc. 

Extended.     St.  1888,  c.  181.    P.  S.,  220.' 


CHAPTER  266. 

AN  ACT  TO  AMEND  PUBLIC  STATUTES,  CHAPTER  EIGHTY-ONE, 
SECTION  FIFTY-ONE,  RELATIVE  TO  GIVING  NOTICES  TO  THE 
OVERSEERS  OF  THE  POOR  OF  CITIES  AND  TOWNS  RELATIVE 
TO  COMMITMENTS  TO  THE  INDUSTRIAL  OR  REFORM  SCHOOL. 


Repealed.     St.  1888,  c.  248,  §  2.     P.  S.,  c  89. 


1476  Public  Statutes. 


1887  —  Continued. 

CHAPTER  269. 

AN   ACT   TO    AMEND    AN    ACT  TO    PROVIDE    A   STATE    BOARD    OF 

ARBITRATION,  Etc. 

Section  1,  amended.     St.  1888,  c.  261.     P.  S.,  c  74. 

CHAPTER  270. 

AN  ACT  TO  EXTEND  AND  REGULATE  THE  LIABILITY  OF  EM- 
PLOYERS TO  MAKE  COMPENSATION  FOR  PERSONAL  INJURIES 
SUFFERED  BY  EMPLOYEES  IN  THEIR  SERVICE. 

Section  3,  amended.     St.  1888,  c.  155.     P.  S.,  c.  74. 

CHAPTER  274. 

AN  ACT  PROVIDING  FOR  A  CLERK  FOR  THE  MUNICIPAL  COURT  OF 
THE  WEST  ROXBURY  DISTRICT  OF  THE  CITY  OF  BOSTON. 

Section  2,  superseded.     St.  1889,  c.  92.     P.  S.,  c  154. 

CHAPTER  355. 

AN  ACT  IN  RELATION  TO  THE   REMOVAL   OF   SUBORDINATE  OFFI- 
CERS OF  THE  STATE  PRISON. 

Repealed  so  far  as  inconsistent  with  St.  1888,  c.  264.     P.  S.,  c.  221. 

CHAPTER  373. 

AN  ACT  EXTENDING  THE  PROVISIONS  OF  THE  PUBLIC  STATUTES 
RELATING  TO  THE  TAXABLE  VALUATION  OF  VESSELS  ENGAGED 
IN  THE  FOREIGN  CARRYING  TRADE. 

Extended.     St.  1889,  c.  286.     P.  S.,  c.  11. 

CHAPTER  406. 

AN  ACT  PROVIDING  FOR  THE  SEIZURE  OF  IMPLEMENTS  AND 
FURNITURE  USED  IN  THE  SALE  OF  INTOXICATING  LIQUOR. 

Amended.     St.  1888,  c.  297.     P.  S.,  c.  100. 

CHAPTER  411. 

AN  ACT  CONCERNING  THE  MILITIA   OF  THE   COMMONWEALTH   OF 

MASSACHUSETTS. 

Sections  33,  42,  119,  128,  147, 148,  amended.     St.  1889,  c.  360.     P.  S., 
c.  14. 

CHAPTER  423. 
AN   ACT   RELATING   TO    THE    INVESTMENTS   OF    SAVINGS    BANKS. 

Repealed.     St.  1888,  c.  90.     P.  S.,  c.  116. 


Table  of  Chaxges.  1477 


1887  —  Concluded. 

CHAPTER  433. 

AN  ACT  RELATING   TO  THE   Er^IPLOYMENT  OF   MINORS  WHO  CAN- 
NOT READ  AND  WRITE  THE  ENGLISH  LANGUAGE. 

Section  1,  repealed.  St.  1888,  c.  348,  §  12.  Section  2,  amended.  St. 
1889,  c.  135.     P.  S.,  c.  48. 

CHAPTER  437. 

AN  ACT  GIVING  PREFERENCE  IN  APPOINTINIENTS  TO  OFFICE  TO 
HONORABLY  DISCHARGED  SOLDIERS  AND  SAILORS  WITHOUT 
CIVIL  SERVICE  EXAMINATIONS. 

Affected.     St.  1889,  c.  473. 

CHAPTER  438. 

AN  ACT   TO  PROVIDE    FOR   THE  APPOINTMENT  OF  A  CONTROLLER 
TO  AUDIT  THE  ACCOUNTS  OF  COUNTY  OFFICERS,  Etc. 

Affected.     St.  1888,  c.  275.     P.  S.,  c.  16. 

CHAPTER  441. 

AN  ACT  IN   AID  OF    THE    HOSPITAL   COTTAGES   FOR  CHILDREN  IN 
BALDWINSVILLE  IN  THE  TOWN  OF  TEMPLETON. 

Section  4,  in  part  superseded.     St.  1889,  c.  230,  §  2.     P.  S.,  c.  86. 

CHAPTER  442. 

AN  ACT  TO  AxAIEND  CHAPTER  ONE  HUNDRED  AND  SIXTY-TWO  OF 
THE  PUBLIC  STATUTES  IN  RELATION  TO  THE  EXAMINATION 
AND  ARREST  OF  POOR  DEBTORS. 

Section  1,  amended.     St.  1889,  c.  415,  §  1.     P.  S.,  c.  162. 

CHAPTER  443. 

AN  ACT  TO  REQUIRE  AND  REGULATE  THE  USE  OF  SELF-REGIS- 
TERING AND  CANCELLING  BALLOT-BOXES  IN  TAKING  THE 
VOTE  UPON  THE  QUESTION  OF  GRANTING  LIQUOR  LICENSES, 

Repealed.     St.  1888,  c.  434,  §■  6.     P.  S.,  c.  100. 

CHAPTER  447. 

AN  ACT   RELATING    TO  THE    LABOR   OF    THE   PRISONERS    IN   THE 
STATE  PRISON,  REFORMATORIES  AND  HOUSES  OF  CORRECTION. 

Affected.  St.  1888,  c.  403,  §  1.  Amended.  St.  1888,  c.  22.  Section 
7,  repealed.  St.  1888,  c.  403,  §  6.  Section  12,  amended.  St.  1888,  c 
403,  §  4.     P.  S.,  cc.  220,  221. 


1478  Public  Statutes. 


Statutes,  1888. 

CHAPTER  22. 

AX  ACT    TO    DEFINE    THE    MEANING   OF    THE  AVORDS  "CONTRACT 
FOR  THE  LABOR  OF  PRISONERS,"  Etc. 

Amended.     St.  1888,  c.  403,  §  5.     P.  S.,  cc.  220,  221. 

CHAPTER  23. 

AN  ACT  RELATING  TO  THE  PRINTING  AND  DISTRIBUTION  OF  THE 
ANNUAL   REPORTS  OF  THE   BUREAU  OF  STATISTICS  OF  LABOR. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  41. 

AN  ACT   TO  ESTABLISH   THE  SALARY  OF  THE  SECRETARY  OF  THE 
CIVIL  SERVICE  COMMISSION. 

Superseded.     St.  1889,  c.  177. 

CHAPTER  85. 

AN  ACT   CONCERNING    THE   PUBLICATION  AND   DISTRIBUTION   OF 
THE  MANUAL  FOR  THE  GENERAL  COURT. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  122. 

AN  ACT  TO  AUTHORIZE  THE  PRINTING  OF  ADDITIONAL  COPIES  OF 
THE  ANNUAL  REPORT  OF  THE  BOARD  OF  GAS  COMMISSIONERS. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  148. 

AN  ACT  IN  RELATION  TO  AFFIDAVITS  OF  NOTICE  OF  APPOINT- 
MENT AND  SALES  OF  REAL  ESTATE  BY  ADMINISTRATORS"  AND 
EXECUTORS. 

Affected.     St.  1888,  c.  380.     P.  S.,  cc.  132,  134. 

CHAPTER  158. 

AN  ACT  IN  RELATION  TO  THE  EXEMPTION  OF  THE   PROPERTY   OF 
CERTAIN  LITERARY  AND  OTHER  ASSOCIATIONS  FROM  TAXATION. 

Superseded.     St.  1889,  c.  465.     P.  S.,  c.  11. 

CHAPTER  186. 

AN  ACT  PROVIDING  FOR  PRINTING  ADDITIONAL  COPIES  OF  THE 
ANNUAL  REPORT  OF  THE  TRUSTEES  OF  THE  MASSACHUSETTS 
SCHOOL  FOR  THE  FEEBLE-MINDED. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  e.  4. 


Table  of  Changes.  1479 


1SS8  —  Continued. 

CHAPTER  199. 
AX  ACT   IN    RELATION  TO  RETURNS  AND    STATISTICS   OF  FIRES. 
Repealed.     St.  1889,  c.  451,  §  8.     P.  S.,  c.  35. 

CHAPTER  207. 

AN  ACT  TO  AMEND  SECTION  TWENTY  OF  CHAPTER  ONE  HUNDRED 
AND  FOUR  OF  THE  PUBLIC  STATUTES  SO  AS  TO  PROVIDE  FOR 
FIRE-RESISTING  CURTAINS  IN  THEATRES. 

Repealed.     St.  1888,  c.  426,  §  14.     P.  S.,  c  104. 

CHAPTER  221. 

AN    ACT    TO    AMEND    AN    ACT    TO    ESTABLISH    THE    OFFICE    OF 
AUDITOR  IN  TOWNS. 

Affected.     St.  1889,  c.  191.     P.  S.,  c.  27. 

CHAPTER  239. 

AN    ACT    TO    PROVIDE    FOR    THE     FREE     INSTRUCTION    OF    DEAF 
MUTES    OR    DEAF    CHILDREN. 

Extended.     St.  1889,  c.  226.     P.  S.,  c.  41. 

CHAPTER  254. 

AN   ACT   TO   PROHIBIT   THE    SALE   OF  INTOXICATING    LIQUOR   ON 

FAST  DAY,  Etc. 

Section  1,  amended.     St.  1889,  c.  347.     P.  S.,  c.   100. 

CHAPTER  256. 

AN    ACT    CONCERNING    THE    PRINTING    AND    DISTRIBUTION    OF 
CERTAIN    PUBLIC    DOCUMENTS. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  262. 

AN  ACT   RELATIVE   TO   THE   CONDITIONS   UPON   WHICH  LICENSES 
TO   SELL  INTOXICATING  LIQUOR  MAY  BE   GRANTED. 

Amended.     St.  1889,  c.  361.     P.  S.,  c.  100. 

CHAPTER  264. 

AN  ACT  IN   RELATION  TO  THE   OFFICERS   OF  THE   STATE  PRISON 

AT   BOSTON. 

Superseded.     St.  1889,  c.  412.     P.  S.,  c.  221. 


1480  Public  Statutes. 


1888  —  Continued. 

CHAPTER  288. 

AN  ACT  COXCERKING  THE  FEES   FOR  THE   PILOTAGE  OF  VESSELS 
IN   AND   OUT   OF  WOOD'S   ROLL  HARBOR. 


Eepealed.     St.  1889,  c.  275.     P.  S.,  c.  70. 

CHAPTER   304. 

AN  ACT  CONCERNING  THE  ELECTION  AND  THE  POWERS  AND 
DUTIES  OF  TRUSTEES  OF  FREE  PUBLIC  LIBRARIES  OR  FREE 
PUBLIC   LIBRARIES   AND  READING  ROOMS   IN   TOWNS. 

Amended.     St.  1889,  c.  112.     P.  S.,  c.  40. 

CHAPTER   335. 

AN  ACT  IN  RELATION  TO  THE  OFFICERS  OF  THE  LIASSACHUSETTS 

REFORMATORY. 

Superseded.     St.  1889,  c.  408.     P.  S.,  c.  221. 

CHAPTER   337. 

AN  ACT  IN  RELATION  TO  THE  APPROVAL  OF  BILLS  CONTRACTED 
FOR  THE  STATE  PRISON,  THE  ^lASSACHUSETTS  REFORMATORY 
AND   THE   REFORMATORY  PRISON  FOR   WOMEN. 

Eepealed.     St.  1889,  c.  294.     P.  S.,  c.  221. 

CHAPTER   348. 
AN  ACT  IN  RELATION  TO   THE  EMPLOYMENT   OF   CHILDREN. 
Section  7  is  amended.     St.  1889,  c.  291.     P.  S.,  c.  48. 

CHAPTER   365. 
AN    ACT    IN   RELATION  TO   THE   EVIDENCE    GIVEN  AT  INQUESTS- 

Extended.     St.  1889,  c.  154.     P.  S.,  c.  26. 

CHAPTER   390. 

AN  ACT  TO   AMEND    AND    CODIFY   THE    STATUTES   RELATING    TO 
THE   COLLECTION  OF  TAXES. 

Sections  2,  28,  29,  41  and  forms  5,  6  and  7  are  repealed  and  sections  3, 
7,  8,  19,  23,  24,  30,  32,  33,  37,  49,  51,  69,  72  are  amended.  St.  1889,  c. 
334.     P.  S.,  c.  12. 

CHAPTER   419. 

AN  ACT  RELATING   TO   PROCEDURE    IN   POOR   DEBTOR    MATTERS. 

Amended.     St.  1889,  c.  415.     P.  S.,  c.  162. 


Table  op  Changes.  1481 


1S88  —  Concluded. 

CHAPTER   436. 

AN  ACT  TO  PROVIDE  FOR  PRINTING  AND  DISTRIBUTING  BAL- 
LOTS AT  THE  PUBLIC  EXPENSE  AND  TO  REGULATE  VOTING 
AT   STATE   AND   CITY  ELECTIONS. 

Amended.     St.  1889,  c.  413.     P.  S.,  c.  7. 

CHAPTER  438. 

AN  ACT  FOR  THE  RELIEF,  IN  CASES  OF  NECESSITY,  OF  PERSONS 
AVHO  SERVED  IN  THE  ARMY  OR  NAVY  OF  THE  UNITED 
STATES  DURING  THE  WAR  OF  THE  REBELLLON  AND  THEIR 
DEPENDENT   FAMILIES. 


Repealed.     St.  1889,  c.  298.     P.  S.,  c.  30. 


Statutes,   1889. 

CHAPTER   32. 

AN  ACT  PROVIDING  FOR  THE  PRINTING  AND  DISTRIBUTION  OF 
ADDITIONAL  COPIES  OF  THE  MANUAL  FOR  THE  GENERAL 
COURT. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  35. 

AN  ACT    RELATIVE    TO    PRINTING    ADDITIONAL    COPIES    OF    THE 
REPORTS   OF  THE  INSURANCE   COMMISSIONER. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER   98. 

AN  ACT    TO    PROVIDE    FOR    THE    APPOINTMENT    OF    A    SUPERIN- 
TENDENT OF   STREETS   IN  TOWNS. 

Error  corrected.     St.  1889,  c  178.     P.  S.,  c.  27. 

CHAPTER   114. 

AN  ACT  TO  FIX  THE  PENALTIES  FOR  VIOLATIONS  OF  THE  LIQUOR 

LAWS. 

Operation  restricted.     St.  1889,  c.  268.     P.  S.,  c.  100. 

CHAPTER   124. 

AN    ACT    RELATING    TO    ELECTROTYPTNG    THE   REPORTS   OF  THE 
BUREAU   OF   STATISTICS   OF   LABOR. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 


1482  Public  Statutes. 


1889  —  Concluded. 

CHAPTER   150. 

AN    ACT     PROVIDING    FOR    PRINTING    THE    JOURNALS     OF     THE 
SENATE  AND  HOUSE   OF  REPRESENTATIVES. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER    164. 

AN  ACT  PROVIDING  FOR  PRINTING  ADDITIONAL  COPIES  OF  THE 
REPORT  OF  THE  TRUSTEES  OF  THE  MASSACHUSETTS  AGRI- 
CULTURAL  COLLEGE. 

Repealed.     St.  1889,  c.  40,  §  14.     P.  S.,  c.  4. 

CHAPTER    186. 

AN   ACT  RELATIVE  TO   THE   SALE   OF  INTOXICATING  LIQUOR   ON 
DAYS   OF   SPECIAL  ELECTIONS   IN.  CITIES. 

Exteuded.     St.  1889,  c.  361.     P.  S.,  c.  100. 

CHAPTER   212. 

AN   ACT   TO  PROVIDE   FOR   THE   FURTHER   AND   SPEEDIER   PUBLI- 
CATION OF  THE   LAWS. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER   237. 

AN  ACT  FIXING  THE  TIIMES  AND  PLACES  FOR  HOLDING  PROBATE 
COURTS   FOR  THE   COUNTY   OF  PLYMOUTH. 

Amended.     St.  1889,  e.  269.     P.  S.,  c.  156. 


A  TABLE 


THE  SUBJECTS  OF  LEGISLATION  SINCE  THE  PUBLIC  STAT- 
UTES, WITH  REFERENCE  TO  THE  CHAPTERS  OF  THE 
PUBLIC   STATUTES. 


ABSENT  DEFENDANTS. 

notice  where  real  estuie  is  attached  .    c.  164 
default c.  164 

ACCIDENTS. 

notice  of c.  74 

ACCOUNTS. 

controller  of c.  16 

contents  of  report c.  16 

money  for  small  expenses    .    .     .    .  c.  16 
of  assignees  to  be  sworn  to  ....  c.  157 
forms  for,  secretary  no  longer  to  fur- 
nish    c.  16 

of  sales  of  public  property    ....  c.  16 

of  fines,  etc c.  16 

of  public  institutions c.  16 

ADMINISTRATORS. 

appointment  without  notice  .    .    .     .  c.  130 

appointment  when  conclusive  .    .    .  c.  130 

bond  without  sureties c.  130 

confirmation  of  acts c.  142 

after  twenty  years c.  130 

notice  of  appointment  and  sales    .     .  c.  134 
public    funds    received    from,  how 

claimed c.  131 

private  sales c.  134 

with  will  annexed  may  compromise,  c.  142 

ADULTERATION. 

of  hatter c.  56 

of  food  and  drugs,  analysis      .    cc.  58,  208 

of  lard c.  56 

of  milk c.  57 

of  vinegar c.  60 

powers  of  inspector c.  58 

report  of  state  board    .    .    .    .    cc.  58,  208 

ADVANCES. 

to  state  officers  for  small  expenses    .     c.  16 
lor  witness  fees c   154 

AGENT  FOR  PENSIONS,  ETC. 

to  be  appointed c.  30 

AGREEMENT. 

to  make  will  must  be  in  writing    .    .     c.  78 

AGRICULTURE,  BOARD  OF. 

allowance  fur  clerks c.  20 

salary  for  secretary c.  20 

salary  for  clerk c.  2o 


AGRICULTURAL  COLLEGE. 

trustees'  expenses c.  20 

AGRICULTURAL  EXPERIMENT 
STATION, 
appropriation  by  United  States  ac- 
cepted   c.  20 

board  of  control  incorporated  ...     c.  20 

members  of c.  20 

reports c.  20 

ALDERMEN. 

notice  of  election c.  28 

when  ineligible  to  other  office  .    .    .     c.  28 

ALMSHOUSE. 

persons   leaving  and   begging  pun- 
ished     c.  86 

transfer  of  inmates c.  86 

trustees c.  86 

ALMSHOUSE,  STATE. 

superintendent    and    resident    phy- 
sician    c.  86 

ANIMALS. 

yee  Contagious  Diseases;   Deer. 

ANNUAL  FINTANCIAL  ESTIMATES, 

c.  16 

APOTHECARY. 

See  Pharmacy. 

APPEALS. 

costs  on  frivolous c.  150 

ejectment  bond  not  recognizance  .    .   c  175 

failure  to  enter c  150 

from  orders  of  boards  of  health    .    .     c.  80 
probate c.  156 

APPORTIONMENT  OP  TAXES. 
See  Taxes. 

APPRAISERS. 

fees c.  199 

ARBITRATION. 

state  board  of c.  74 

ARBITRATORS. 

fees  to  be  paid  by  county     .    .   cc.  159,  187 

ARMORIES. 

provisions  for c.  14 


1484 


Subjects  of  Kew  Legislation,  1889. 


ARRESTS. 

ahbiencf  or  disal)i!ity  of  matjistrate  .  c.  162 
conliiieiuent  pending  examination     .  c.  162 

expiration  of  execuliou c.  162 

fees c.  162 

form  of  notices c.  162 

new  notices c.  162 

notice  and  examination  required  .    .  c  162 

of  children c.  212 

practice c.  162 

return  of c.  219 

service  of  notices c.  162 

ASSAYER  OP  LIQUORS. 

duties c  100 

salary c.  100 

ASSESSMENT. 

of  voters c.  6 

of  women c  6 

districts c.  11 

time  extended c.  11 

See  Taxation. 
for  betterments,  notice  of     ....     c.  51 

ASSESSORS. 

conjpcnsation  of     . c.  159 

to  rei>ort  wlien c.  159 

See  Masters  in'  Chancery. 

ASSESSORS  OF  TAXES. 

election  of c.  27 

access  to  boolts c.  11 

oath  of c.  27 

over  or  under  valuation  punished  .  c.  27 
to  return  cattle  and  SAvine  ....  c.  II 
to  return  lists  of  exempt  property  .  c.  1 1 
to  return  lists  of  sinking  funds     .    .     c.  11 

to  post  list  of  polls c.  11 

buildings  and  tax  payers c.  11 

when  returns  and  copies  of  valuation 

books  are  to  be  deposited  .     .    .     c.  11 
See  Towns  and  Town  Officers. 

ASSIGNEE. 

See  Insolvency. 

ASSIGNMENTS. 

voluntarj',  valid c.  157 

notice  to  be  given c.  157 

ASYLUMS. 

for  chronic  insane   .......     c.  87 

for  habitual  drunkards c.  87 

homoeopathic c.  87 

ATTACHMENT. 

benefits    in    assessment    insurance 

c  mipanies  exempt c  119 

form  of  bontls  to  dissolve     .    .    .    .   c.  161 

release  of  sureties c.  161 

of  real  estate c.  161 

of  absent  defendant c.  164 

ATTORNEY  GENERAL. 

assistant c.  17 

salary  of  assistant c.  17 

law  cleik  made  second  assistant  .    .     c.  17 

i-eports  of  capital  trials c.  17 

salary  of c.  17 

ATTORNEYS  AT  LAW. 

fee  for  admission c.  159 

women  maj'  be c.  159 

women  who  are,  ma.v  be  authorized 

to  admi'dsier  oaths,  etc.     .    .    .   c.  159 
cannot  be  judge  in  suit  which  has 

been  before  him c.  159 


AUCTIONEER. 

residence c.  67 

time  of  sale c.  67 

AUDITOR. 

in  towns c.  27 

AUDITOR,  STATE. 

clerks,  salary  of c.  16 

additional  clerk c.  16 

linancial  estimates  to  he  made  to  .    .  c.  16 

report  when  submitted  and  abstract,  c.  16 

salary c.  16 

AUDITORS. 

fee  for  rule  to c  159 

to  report  when c.  159 

in  probate  court c.  159 

BAIL. 

discharge  of c.  163 

fees  for  takmg c.  212 

money  for c.  212 

BALLOTS. 

Australian  system c.  7 

on  license  regulated cc.  7,  100 

recount  of,  candidates  may  be  present,    c.  7 
in  towns c.  7 

BANKS. 

taxation  of c.  13 

BARBED  WIRE  FENCES. 

against  sidewalks  forbidden      .     .     .     c.  5i 

BASTARD. 

descent  of  lands  of c.  125 

BASTARDY. 

complaint  to  whom,  and  warrant  by 

whom c.  85 

BATHING. 

m  ponds  used  for  water  supply  for- 
bidden  c  80 

BEANS. 

weight  of c.  60 

BEETS. 

bounty  for  sugar c.  77a 

BENEFICIARY  ASSOCIATIONS, 
by    railroad     and    steamboat     em- 
ployees      c.  115 

general  provisions c.  115 

returns c.  115 

transfer  of  business  forbidden  .    .     .  c.  115 

BETTERMENTS. 

may   be  assumed  for  a  release  of 

land  damages c.  51 

interest  on,  liens  for c  51 

notice  of  assessment c.  51 

on  county  ways c.  51 

railroad  crossings cc.  51,  112 

BILLS  AND  NOTES. 

holidays c.  77 

uncertain  time  of  payment  ....     c.  77 

BIRDS. 

black  duck c.  92 

partridges c.  92 

protection  of c  92 

woodcock c.  92 

BIRTHS. 

non-resident  parents c.  32 

records  may  be  copied c.  37 

returns  of,  by  physicians  and  mid- 
wives   c.  32 


Subjects  of  New  Legislation,  1889. 


1485 


BLACK  DUCK. 

protected c.  92 

BLOODHOUNDS. 

not  to  be  kept c.  102 

BOARD  OP  AGRICULTURE. 

See  Agriculture,  Board  of. 

BOARD  OP  EDUCATION. 

See  Educatiox,  Board  of. 

BOARDING  AND  LODGING  HOUSES. 

procuring  entertainment  fraudulently,  c.  102 
keepers  to  post  notices  of  laws  as  to 

fraud c.  102 

BODIES  FOR  BURIAL. 

See  Burial. 

BOND. 

on  appeal c.  175 

to  prosecute  review c.  187 

to  dissolve  attachment. 

See  Attachment. 

BONDS,    OFFICIAL. 

custody  of c.  21 

examination  of c.  21 

BONDS  AND  NOTES. 

probate,  fureifjn    fidelity    insurance 

companies  may  be  sureties     .     .   c.  14.3 
See  Railroads. 
BOUNDARY  OF  STATE      ....       c.  1 

BOUNDARIES. 

of  towns c.  27 

BOUNTY  LOAN"  SINKING  FUND. 

transfer  to c.  14 

BRIDGES. 

examination  of  railroad c.  112 

fast  driving  over c.  53 

BUILDINGS. 

elevators c.  104 

tire  curtain  in  theatres c.  104 

fire  escapes c.  104 

in.'^pection  of cc.  103,  104 

inspection  of  elevators  and  hatchways,  c.  104 
inspection  of,  watchmen,  fire  escapes, 

etc c.  104 

means  of  egress c.  104 

plans  to  be  submitted c.  lOi 

sanitary  provisions  and  ventilation   .  c.  104 
unsafe  elevators  to  be  placarded  .     .  c.  104 

watchmen c.  104 

wooden  flues  forlndden c.  104 

BUREAU  OF  STATISTICS  OF  LABOR. 

clerks c.  32 

"  of  labor"  added c.  4 

papers  may  be  destroyed      .    .    .    .     c.  31 

BURGLARY. 

minimum  penalty c.  203 

BURIAL  PLACES. 

funds  for,  received  by  cities  or  towns,     c.  82 
removal  of  flowers,  etc c.  207 

BURIAL. 

of  unclaimed  Iwdies c.  84 

permits  to  bury  or  remove  bodies      .  c.  32 

records  of c.  32 

returns  of  undertakers c.  32 

BURIAL  LOT. 

of    husl)and,  rights  of   widow  and 

children  in cc.  82,  144 


BUTTER.  .. 

adulterated,  how  marked     .    .    .     .  c.  .o6 

false  marks  punished c-  5^ 

imitations  of c.  56 

inspectors'  power c.  56 

See  Cheese. 

CANALS. 

fencing c.  53 

CAPITAL  TRIALS.  ^    ,, 

reports  of cc.  4,  17 

special  terms  for c.  150 

CARRIAGES. 

regulation  of c.  iS 

refusing  to  pay  for c.  203 

CATTLE. 

certification  of  pedigrees c.iia 

contagious  diseases  among  ....     c.  90 

CATTLE   COMMISSIONERS. 

tenure  of  oflice c.  90 

to  investigate  abortion  among  cattle,  c.  90 

may  administer  oaths c.  90 

CAUCUSES. 

regulated c.  7 

CEMETERIES. 

closing c.  82 

records  of  titles  of  lots c.  82 

rights  of  widow  and  children    .     cc.  82,  147 

taking  for  railroads c.  112 

See  Burial  Places. 

CENSUS. 

of  manufactures  annually    ....     c.  31 

provided  for c.  31 

returns  of  inhabitants  and  voters  for 

new  wards c.  28 

CHARITABLE  ASSOCIATIONS, 
lists  of  property  exempt  from  taxa- 
tion       cc.  11,  13 

CHECK  LIST. 

correction  of c.  6 

injury  to cc.  7,  203 

CHECKS. 

payable  after  drawer's  death    .    .     .     c.  77 

CHEESE  AND   BUTTER. 

false  marks  punished c.  56 

powers  of  inspectors c.  56 

what  brands  necessary c.  56 

CHILDREN. 

abandonment e.  48 

arrest cc.  89,  212 

attendance  at  schools c.  47 

attending  shows c.  102 

boys  over  fifteen  not  to  go  to  reform 

school c.  89 

cleaning  dangerous  machinery     .  cc.  48,  74 

commitment c.  15.5 

deaf  mute  and  blind c.  41 

deserted  and  neglected,  officer  to  be 

detailed c.  79 

care  and  education  of,  neglected  .     .     c.  48 

employment  of cc.  48,  207 

imprisonment cc.  89,  212,  215 

indigent  and  neglected c.  84 

enticing,  from  school  punished     .    .     c.  48 

meal  times c.  48 

not  to  be  furnished  with  firearms  or 

dangerous  weapons c.  102 


14:86      •  Subjects  op  New  Legislation^,  1889. 


CHILDREN  —  Concluded.  I 
not  to  sell  papers  devoted  to  criminal 

news c.  48 

neglect  to  support,  punished    .    .    .  c.  48 

not  to  be  admitted  to  shows     .    .     .  c.  102 

notice  to  board  of  lunacy  and  charity,  c.  86 1 

officers'  fees c.  89 1 

pauper  and  neglected  .    .    .     cc.  84,  87,  89 

peddling  or  begging c  68 

receiving  infants  to  board    ....  c.  80 

sanitary  provisions,  where  employed,  c  48 

selling  on  street  cars c.  48 

sent  to  hospital  cottages c.  8G 

violating  rules  of  school c.  48 

See  Bastards;  Ixfants ;  Lyman  School  for 
Boys;  Neglected  Children. 

CHRISTMAS. 

next  day  holiday  when  on  Sunday,  cc.  2,  160 

CHURCHES. 

incorporation  of c.  38 

trustees  of c.  39 

CIDER  APPLES. 

weight  of c.  60 

CIGARETTES. 

sale  or  gift  to  children c.  208 

CITIES. 

appropriation  for  civil  service  ...  c.  27 

debt  limited c.  29 

evemng  high  schools c.  44 

mayor,  vacancy  of  otfice c.  28 

may  indemnify  police c.  28 

may  require  all  fees  to  be  paid  into  I 

treasury c.  28 

may  contract  with  other  cities  for 

sewers  to  protect  water  supply    .  c.  81 

members  of  council  ineligibletoofflce,  c.  28 

new  division c.  28 

new  wards  abolished c.  28 

notice  of  election  to  officers  ....  c.  28 

return  of  division  of  wards  ....  c.  28 

soldiers'  monuments c  27 

veto  of  separate  items c.  28 

wards,  division  into c.  28 

See  Towns. 

CIVIL  SERVICE. 

regulated Title  vii. 

application  to  be  under  oath     .    .  Title  vii. 

appropriations  for c.  27 

extended Title  vii. 

rules,  to  whom  sent Title  vii. 

soldiers  and  sailors Title  vii. 

tenure  of  office Title  vii. 

CLERKS  OP  THE  COURTS. 

accounts  and  books c.  159 

allowances  for  expenses c.  159 

assistants c.  159 

fac-simile  of  signature c.  161 

salaries c.  159 

signature  of  assistant c.  159 

CLERKS  OP  THE  POLICE  COURTS, 
salaries c.  154 

CLERKS  OP  GENERAL  COURT. 

assistant,  certain  documents  for    .    .  c.  4 

assistant,  salary c.  2 

may  employ  assistance c.  2 

salary  increased c.  2 


CLERKS  OP  TOWNS  AND   CITIES. 

to  lieep  indexes c.  37 

to  account  for  fees  from  dog  licenses,  c.  102 

COAL. 

baskets  and  measures c.  60 

See  Sales. 

COLLECTION  OP  TAXES- 

law  codiiied c.  12 

COLLECTOR  OF  TAXES- 

return  of  warrant c.  12 

books  of c.  12 

COLOR  BLINDNBSS- 

See  Railroads. 

COMMERCIAL  FERTILIZERS. 

inspection  and  bale c.  60 

COMMISSIONERS  OP  PRISONS- 

clerical  assistance c.  219 

salary  of  secretary c.  219 

forms  for  criminal  returns    ....     c.  15 

COMMISSIONER  OP  STATE  AID. 

salary C-  30 

COMMISSIONER  OP  WRECKS. 

bonds  and  pijwers c.  97 

COMMISSIONERS. 

before  whom  sworn c.  IS 

COMMON  CARRIERS. 

not  to  transport  certain  bodies      .    .     c.  32 

COMMON  COUNCILMEN. 

notice  of  election c.  28 

when  ineligible  to  other  office  ...     c.  28 

COMMON  LANDING  PLACE. 

location  of c.  49 

COMMON  VICTUALLER. 

time  of  closing c.  100 

COMMON"W?lALTH  BUILDING. 

care  of c.  5 

COMMONWEALTH. 

funds,  how  invested c   15 

claims  against c.  195 

COMPLAINTS. 

form  of c.  213 

COMPOSITION. 

with  creditors  in  insolvency .    .    .    .  c.  157 

CONDITIONAL  SALES. 

of  furniture  or  household  goods  .    .   c.  192 

CONDITIONS. 

affecting  real  estate,  construction  .    .   c.  126 
determining  validity c.  176 

CONGRESSIONAL  DISTRICTS. 

establibhed c.  9 

CONNECTICUT  RIVER. 

log  driving  on c.  94 

CONSTABLES. 

salaries c.  154 

names  to  be  returned c.  27 

CONTAGIOUS  DISEASES. 

to  be  reported c.  80 

children    sick  with,  not   to    attend 

school 0.  47 

among  animals c.  93 

notice  of,  must  be  given c.  90 

CONTEMPT. 

commitments  for c.  205 

CONTROLLER  OP  ACCOUNTS. 

to  be  appointed c.  16 


Subjects  of  New  Legislation,  1889.         1487 


CONVICTS. 

discharge  on  condition ;  permit  to  be 

at  large c.  220 

employment cc.  219,  221 

revocation  of  permit  and  remand  .  c.  222 
permit  void  for  violation  of  condition, 

cc.  220,  221,  222 
successive  sentences c.  215 

CO-OPERATIVE  ASSOCIATIONS. 

general  provisions c.  117 

CO-OPERATIVE   BANKS. 

regulated c.  117 

foreign,  not  to  do  business   ....  c.  117 

annual  returns c.  117 

on  what  real  estate  may  loan    .    .    .  c.  117 

CO-OPERATIVE  LOAN  AND  FUND 
ASSOCIATIONS, 
name  changed  to  co-opei-ative  banks, 

cc.  13,  117 
COPIES. 

•See  Evidence. 

CORPORATIONS. 

agents  lor  foreign c.  105 

alteration  of  business c  106 

charitable,  etc.,  increase  of  capital    .   c.  115 

churches c.  38 

for  building  factories,  etc c.  105 

for  cremating  the  dead c.  106 

for  guaranteeing  titles c.  106 

for  making  gas  for  fuel c.  106 

foreign cc.  13,  105 

insolvent,  unclaimed  money  In,  cc.  116,  119 
may  hold  real  estate,  foreign  .  .  .  c.  105 
list  of  stockholders  to  be  furnished  .    c.  106 

may  aid  hospitals c.  106 

officers  soliciting  proxies c.  105 

proxy  voting c.  106 

record  of  transfer  of  stock    .    .    .    .   c.  105 

returns  required cc  105,  106 

special  stock  for  employees  .  .  .  .  c.  106 1 
statements  when  required    .    .    .    .   c.  105  j 

taxation  of c.  13 

taxation  of  foreign  mining,  quarrying 

and  oil  companies c.  13 

time  for  appointment  of  receivers.  .  c.  105 
to  return  acceptance  of  acts  ....       c.  3 

COSTS. 

appeals  from  taxation  of c.  198 

instead  of  copies,  schedule  sent  to 

treasurer c.  217 

on  appeals  for  abatement  of  taxes  .  c.  11 
on  removal  of  equity  suits  to  the 

supreme  court c.  152 

term  fees  limited c.  198 

when  trustee  is  sued  by  defendant    .  c.  183 

COUNCILLORS. 

districts c8 

COUNTY   COMMISSIONERS. 

power  to  act  at  special  meetings  .    .  c.  22 

to  regulate  travel  over  county  bridges,  c.  53 

salaries c.  22 

sessions c.  22 

COUNTY  TAXES. 

payment C.  12 

COUNTY  TREASURERS. 

salaries c.  23 

clerical  assistance c.  23 


COURTS. 

holidays c.  160 

CRANBERRIES. 

standard  measuFe c.  60 

CREMATION. 

authorized  and  regulated      ....     c.  82 

CRIME. 

blank  returns  of c.  219 

CRIMINAL  INSANE. 

support  of cc.  213,  214 

CROSSINGS. 

appeal  from  orders  as  to,  taken  away,  c.  112 

automatic  signals  at  railroad    .    .    .  c.  112 

gates  and  flagmen  at  railroad  .    .    .  c.  112 

regulation  of  street c.  112 

CRUELTY. 

docking  horses'  tails c.  207 

DAMAGES  FOR  LAND  TAKEN. 
See  Betterments. 

DAMAGES,   HIGHWAY. 

where  separate  or  contingent  estates,     c.  49 
in  Nantucket  or  Dukes c.  49 

DANGEROUS  WEAPONS. 

not  to  be  furnished  to  children      .    .  c  102 
DEAF  MUTE   CHILDREN      ...     c  41 

DEATHS. 

certificate  of  cause c.  32 

non-resident c.  32 

returns  of  undertakers  and  sextons,  c.  32 

records  of  burials c.  32 

DEBT. 

See  Municipal  Indebtedness. 

DEBTOR. 

reaching  property  in  equity  .    .    .     .  c.  151 

DEFORMED   PERSONS. 

exhibition  of,  prohibited c.  207 

DEER. 

protection  of c.  92 

DEGREES. 

See  Medical  Societies. 

DENTISTRY. 

regulated C.  676 

DEPOSITIONS. 

wliere  other  party  does  not  appear    .  c.  169 
to  perpetuate  testimony c.  169 

DESCENT. 

of  lands  of  bastard c.  125 

DETENTION. 

of  women  arrested c.  220 

DIPSOMANIA. 

commitment  for c.  87 

hospital c.  87 

DISCHARGED  PRISONERS. 

agents  for c.  219 

reports  by c.  219 

assistance  to c.  219 

DISCRIMINATION. 

on  account  of  color c.  207 

DISORDERLY  PERSONS. 

on  public  conveyances c.  103 

DISTRIBUTION. 

of  personal  estate  of  married  women,   c.  135 
of  husband  without  issue     .    .    .    .   c.  135 


1488         Subjects  of  ]S"ew  Legislation,  1889. 


DISTRICT  ATTORNEY. 

assistants c.  17 

clerks c.  17 

salaries  raised c.  17 

DISTRICT  COURTS. 

See  Police  Couhts. 
DISTRICT  POLICE. 

detailed  to  assist  board  of  health  .    .     c.  80 

discharge  for  neglect c.  104 

divided  into  depiirtments  .  .  .  .  c.  103 
inspection  of  buildings  by  .  .  cc.  103,  104 
may  examine  pawn  shops  .  .  .  .  c.  102 
need  not  be  examined  by  judge    .    .   c.  103 

number  increased c.  103 

to  enforce  labor  laws c.  103 

railroad  and  steamboat  police  .    .    .   c  103 

salary  raised c.  103 

DIVORCE. 

absence  raising  the  presumption  of 

death c.  146 

advertising  business  of  procuring     .   c.  146 

form  of  decrees c.  146 

fraud  in,  punished c.  146 

jurisdiction  of  petitions  for  nullity  .  c.  145 
jurisdiction  transferred  to   superior 

court cc.  146,  152 

opium  or  drugs c   146 

statistics c.  146 

DOG  LICENSES. 

age  of  dog c.  102 

bloodhounds  not  to  be  kept .  .  .  .  c.  102 
bonds  to  accoimt  for  fees  .  .  cc.  27,  102 
certificates  of  damages  regulated  .  .  c.  102 
law  as  to  damages  revised    .    .    .    .   c.  102 

for  breeding c  102 

police  commissioners  in  Boston  to 

license .    .   c 

transfer .     .     .     .    c 

DOORKEEPERS  OF  SENATE  AND 
HOUSE, 
number  and  pay c.  2 

DOORS. 

of  factory  not  to  be  fastened    .    .     .  c.  104 
DRAFTS. 

payable  after  drawer's  death    ...     c.  77 
DRUGGISTS. 

Sec  Pharmacy. 
DRUGS. 


102 
102 


ELECTIONS—  Concluded. 

correcting  and  publishing  returns     .  c  7 

declaraiion  of  result,  time  of    ...  c.  7 

examination  of  returns c.  7 

fraudulent  voting c.  7 

in  towns c.  7 

laws  revised c.  7 

notice  of c.  28 

of  presidential  electors  and  contests 

regulated c.  9 

I        polling  places c.  7 

recounts ■   c.  7 

statements  as  to  state  of  voting  for- " 

bidden c.  7 

terms  of  court  falling  on c.  156 

time  to  vote  to  be  allowed     ....  c.  7 
See  Ballots;  Towns  and  Town  Officers. 

ELECTION  CASES. 

to  be  printed c.  4 

ELECTIO-Y  SERMON. 

law  repealed ;    .    .    .  c.  2 

ELECTRIC  LIGHTS. 

wires  regulated c.  109 

gas  commissioners  to  control    .    .    .     c.  61 
See  Telegraph. 

ELEVATORS. 

in^pectlun  of c.  104 

unsafe,  to  be  placarded c.  104 

EMBEZZLEMENT. 

from  voluntary  societies c.  203 

extended c.  203 

EMPLOYERS'  LIABILITY. 

regulated c.  74 

EMPLOYMENT. 

of  minors  and  women     .    .    .    .  cc.  48,  74 

of  prisoners cc.  219,  220,  221 

piece-price  system 220 

See  Childrex. 

ENGINEERS. 

removal  of c.  35  _ 

rules  of c.  35  ' 

ENTERTAINMENT. 

fraudulently  procuring c.  102 

EQUITY. 

reaching  property  of  debtor  .    .    .    .  c.  151 

of  partner c.  151 

return  day  of  process c.  152 


adulteration cc.  58,  208 

sale  of c.  67«  "^ 

DRUNKENNESS. 

punishment c.  207 

of  female,  second  offence c.  207 

DUKES  COUNTY. 

land  dama^res  in c.  49 

EAST  BOSTON. 

harbor  lines c.  19 

EDUCATION,  BOARD  OP. 

clerk  of,  salary cc.  5,  41 

to  supervise  Perkins  Institution,  etc.,     c.  41 

EJECTMENT. 

bond  instead  of  recognizance    .    .    .   c.  175 

ELECTIONS. 

Australian     system     of     balloting 

adopted c.  7 

caucuses  regulated c.  7 

certificates  of,  when  transmitted  .     cc.  7,  8 


venue  of  suits c.  161 

See    Slperior    Court;    Supreme    Judicial 
Court. 

EQUITY  PLEADING. 

precedents c.  151 

ESCAPE. 

of  prisoner  laboring  outside  .    .  cc.  220,  221 

EVENING  SCHOOLS c.  44 

See  Schools,  Evexixg. 

EVIDENCE. 

copies  of  savings  bank  books  .  .  .  c.  169 
rules,  ordinances  and  by-laws  .  .  .  c.  169 
dying  declarations c.  207 

EXAMINATION. 

of  bonds c.  21 

adjournment  of c.  212 

See  Trial, 

EXCHANGE. 

par  of cc.  16,  77 


Subjects  op  ]New  Legislatto:?^,  1889. 


1489 


EXCEPTIONS. 

esiablisliing,  where  judge  is  dead,  etc.,  c.  1")3 

failure  to  enter c.  150 

cost  on  frivolous c   150 

EXECUTION. 

stay c.  187 

EXECUTION  SALES. 

redemption c.  172 

suspension  of  lev_v c.  171 

suspending  by  order  of  court    .    .    .  c.  172 

when  anotlier  officer  may  act    .    ,    .  c.  171 

EXECUTIVE   CLERK. 

salary c.  15 

EXECUTIVE    MESSENGER. 

salary c.  15 

EXECUTOR  AND  ADMINISTRATOR. 

compromise,  parties c.  142 

confirmation  of  acts c.  142 

expenses  in  proving  will c.  130 

fees  paid  to  sureties  on  bond  allowed,  c.  144 

puardian  ad  litem  on  accounts      .    .  c.  144 

license  to  sell  at  private  sale     .    .    .  c.  134 
notice,  proof  and  filing     .     .     .   cc.  132,  134 

EXPLOSIVE  COMPOUNDS. 

notice  of  place  of  storage    .    .    .     .  c.  102 

regulations  of  use e.  102 

EXTRADITION. 

expense c.  218 

FACTORIES. 

doors  not  to  be  fastened c.  104 

inspection  of cc.  103,  104 

sanitary  pi-ovisions cc.  48,  74 

ventilation c.  74 

FALSE  STATEMENTS. 

of  distance  travelled c  203 

FARES. 

See  Raileoads. 

FEEBLE-MINDED,  SCHOOL  FOR. 

allowance  for c.  87 

regulated c.  87 

FEES. 

account  of c.  16 

appraisers c.  199 

at  inquests c.  26 

court c.  199 

for  service  of  criminal  precepts    .    .  c.  199 

for  summoning  witnesses     .    .    .    .  c.  199 

of  referees,  masters,  auditors  .    .    .  c.  1-59 

FENCES. 

barbed  wire,  regulated c.  54 

when  nuisances cc.  36,'l80 

FERTILIZERS,  COMMERCIAL. 

licenses  to  sell c.  60 

FIDELITY  INSURANCE  COMPANIES. 

formation c.  143 

foreign,  may  be  sureties c.  143 

FINANCIAL   ESTIMATES. 

to  whom  made c.  16 

FINES. 

account  of c.  16 

FIRE. 

engineers  may  be  removed  .    .    .    .  c.  35 

equipment  required c.  35 

forest,  to  be  reported c.  35 

inquests c.  216 

negligent,  punished c.  203 


FIRE—  Concluded. 

returns  of  ....  ' c.  35 

rules  of  engineers c.  35 

FIREARMS. 

not  to  be  sold  to  children     .    .    .    .  c.  102 

FIRE  ESCAPES. 

required cc.  103,  104 

FISH. 

protection  of c.  9 

alewives c  9 

bait c.  9 

blue-fish c.  9 

clams c.  9 

eels c.  9 

forfeiture  of c.  9 

cultivating,  where  leases  forfeited     .  c.  9 

leases  abolished c.  9 

lobsters c.  9 

nets c.  9 

open  time  for  certain,  extended     .    .  c.9 

oyster  licenses c.  9 

ponds,  occupation c.  9 

pickerel e.  9 

Jandloclied  salmon c.  9 

scallops c.  9 

seals c.  9 

seines c.  9 

shad c.  9 

shell-fish c.  9 

taliing  from  seines,  etc.,  punished    .  c.  9 

trout c.  9 

weighers  of c.  56 

FISH  COMMISSIONERS. 

power  of c.  91 

FOOD. 

adulteration  of cc.  58,  208 

FOREIGN  CORPORATIONS. 

agents  to  receive  service  to  l^e  ap- 
pointed       c.  105 

returns .c.  105 

taxation c.  13 

FORESTS. 

causing  destruction  by  fire  .    .    .    .  c.  203 

cultivation  of,  by  cities  and  towns    .  c.  27 

firewards  to  be  appointed      ....  c.  35 

fires  to  be  reported c.  35 

FORNICATION. 

with  n)inors c.  207 

FRATERNAL     BENEFICIARY 
ASSOCIATIONS, 
organizations,  duties  and  powers,  cc.  115,  119 

FRAUDS  AND  PERJURIES. 

agreement  to  malve  will  must  be  in 

writing c.  78 

FRAUD. 

by  hirer  of  horse  or  carriage    .    .    ,  c.  203 
insignia  of  grand  army  or  loyal  legion,  c.  203 

FRAUDULENT  CONVEYANCE. 

redemption c.  172 

FUGITIVES  FROM  JUSTICE. 

expense  of  requisitions c.  218 

GAME.   • 

artificially  propagated c.  92 

owner  maj'  piohibit  shooting  or  trap- 
ping       c.  203 

protection  of c.  92 

■wild  duck  and  fowl  protected  ...  c.  92 


1490 


Subjects  of  'Ne^v  Legislation,  1889. 


GAMING. 

apparatus,  how  sold c.  212 

obstructions  to  entrance c  99 

persons  present  punished     ....  c.  99 

GAS. 

accidents  to  be  reported c.  61 

books  regulated c.  61 

companies  defined c.  61 

digging  up  streets  for,  forbidden   .    .  c.  106 

inspection c.  61 

issue  of  bonds  regulated c.  106 

lease  or  transfer  of  works    .    .    .    .  c.  106 

manufacture  for  fuel c.  106 

may  furnish  electric  light    .    .     .    .  c.  106 

meters  regulated c.  61 

no  inspection  where,  for  fuel     ...  c  61 

regulation  of  price c.  61 

water  gas c.  61 

GAS  COMMISSIONERS. 

tenure  of  oflice  of  inspectors     ...  c.  61 

to  be  appointed c.  61 

to  regulate  electric  light c.  61 

GENERAL  COURT. 

holidays c.  2 

pay  of  officers c.  2 

pay  of  members c.2 

petitions  to c.  2 

GIFT. 

sale  or  exchange  of  property  not  to 

be  induced  by c.  209 

GIRLS. 

committed  by  United  States  court  to 

industrial  school c.  89 

GLOUCESTER  HARBOR. 

lines c.  19 

regulations c.  19 

GOVERNOR. 

salary c.  lo 

of  clerk  and  messenger c.  lo 

GRAND  ARMY. 

fraudulent  use  of  insignia    ....  c.  203 

may  use  state  camp  ground      .    .     .  c.  14 

exemption  from  taxation     .    .    .    .  c.  1] 

public  buildings  may  be  leased  to    .  c.  27 

state  aid  may  be  entrusted  to   .     .    .  c.  30 

GRAVELLY  ISLAND. 

annexed  to  Nantucket c.  22 

GREAT  PONDS. 

structures  and  encroachments  in  .    .  c.  19 

leases c.  91 

GREAT  SEAL  OF  THE  COMMON- 
WEALTH. 

estalilislied « .  c.  la 

GUARANTY  INSURANCE. 

provided  for c.  119 

GUARDIAN. 

Boston  children's  friend  society  may 

be    ... c.  139 

confirmation  of  acts c.  142 

foreign,  must  appoint  agent      .    .    .  c.  139 

license  to  sell  at  private  sale     .    .    .  c.  140 

GUIDE  POSTS. 

required c.  53 

GUNPOWDER. 

notice  of  place  of  storage  to  be  given,  c.  102 
HABEAS  CORPUS. 

error  in  c.  185,  §  18,  corrected  .    .    .  c.  185 


HABITUAL  CRIMINALS. 

punisbed c.215 

HABITUAL  DRUNKARDS. 

may  be  committed  to  asylum  ...  c.  87 
See  Dipsomania. 

HAND   TOOLS. 

instriiciion  in  the  use  of c.  44 

HARBOR  COMMISSIONERS. 

to  have  charge  of  Connecticut  river,  c.  19 

also  of  state  lands c.  19 

of  structures  in  great  ponds     ...  c.  19 

custody  of  Maine  records    ....  c.  19 

HARBORS. 

assistant  harbor  masters c.  69 

lines  in  East  Boston c.  19 

lines  in  Gloucester c.  19 

lines  in  Haverhill c.  19 

obstructions  in  tide-water    ....  c.  97 

powers  of  masters c.  69 

preservation  of c.  69 

regulations  in  Gloucester     ....  c.  19 

HARES. 

protected c.  92 

HAVERHILL. 

harbor  lines c.  19 

HAWKERS  AND  PEDDLERS. 

children c.  68 

cities  may  regulate  certain  sales  .    .  c  68 

near  licensed  groves c.  102 

person  over    seventy    to  have    free 

license c.  68 

soldiers c.  68 

HEALTH,  BOARD  OF. 

board  divided c.  79 

appeals c.  80 

charge  of  waters c.  SO 

contagious  diseases c  80 

kouse  drainage c.  80 

ice,  impure    " c.  SO 

inland  waters c.  80 

inspection  of  food  and  drugs    .    .    .  c.  208 
local,  to  enforce  as  to  sale  of  poultry,  c.  53 
local,  to  notify  state  board  of  small- 
pox    c.  80 

nuisances,  abatement  ....     cc.  80,  104 

offensive  trades c.  80 

officers  to  be  detailed  to  assist .    .    .  c.  79 

salary  of  officers .  c.  79 

sewerage  and  water  supply  ....  c.  SO 

small-pox  to  be  reported c.  80 

*  vacancies,  how  filled c.  80 

HEARINGS. 

of  committees,  advertising  ....  c.  16 

HIGHWAYS. 

actions    for    injury   not    limited    to 

superior  court c.  52 

crossings  with  railroads c.  112 

damages  for  electric  wires    .    .    .    .  c.  109 

digging  up  for  gas  pipes c.  106 

notice  of  injurj' c.  52 

removal  of  trees  in c.  52 

taking  for  railroads 0.112 

HOLIDAY. 

Christmas cc.  77,  160 

labor's  holiday cc.  77,  160 

See  Probate  Court. 


Subjects  of  ^ew  Legislation,  1889. 


1491 


HOMCEOPATHIC  INSANE  ASYLUM. 

antluirizecl  . c.  87 

HORACE  MANN  SCHOOL. 

aided c.  41 

HORSE. 

false  statement  of  distance  travelled  .   c.  203 

dockinj;;  tails c.  207 

HORTICULTURAL  SOCIETIES. 

property  exeni])t  from  titxaiioii     .     .     c.  11 

HOSPITAL  COTTAGES. 

aided c.  86 

cliildren  may  be  sent  to c.  86 

HOTELS. 

family,  watchmen,  etc.,  required  .    .   c.  104 
liability  limited c.  102 

See  BuiLniNGs. 

HOUSE  OF  REPRESENTATIVES. 

pay  of  memliers c.  2 

salary  of  officers c.  2 

HOUSES  OF  CORRECTION. 

whitewashing c.  220 

HOUSE  OP  ILL  FAME. 

sending  to c.  207 

HUMANE   SOCIETY. 

injury  to  property c.  203 

HUSBAND  AND  WIFE. 

conveyances  to.  jointly c.  126 

release  of  curtesy  where  husband  in- 
sane        c.  147 

right  in  wife's  property c.  124 

separate  maintenance c.  1.50 

transfers  of  property  between  .    .     .  c.  147 

when  cut  off  by  wife's  will  .    .    .    .  c.  147 

ICE. 

impure c.  80 

IDIOTS. 

fornication  with c.  207 

See  Feeble-Minded. 


INSANE  —  Concluded. 

discbarge  or  temporary  release     .    .     c.  87 
may  be  boarded  ni  families  ....     c.  87 

must  be  treated c.  87 

release    of  curtesy   where   husband 

insane c.  147 

recently,  cases  to  be  treated     .    .  cc.  84,  87 

removal  of c.  87 

removal  of  criminal  insane  ....   c.  222 
support  of  criminal  insane  .    .     cc.  87,  214 

INSANE  ASYLUMS. 

homoxtpaihic 0.  87 


habitual  drunkards  committed  to 


c.  87 


INDEBTEDNESS. 

See  MuMcirAL  Indebtedness. 

INDEX-DIGEST. 

towns  and  cities  to  have  ......      c.  4 

INDEXES. 

to  general  statutes c.  4 

INDICTMENTS. 

Ibrni  of c.  213 

INFANTS. 

abandonment c.  48 

boarding  houses c.  48 

care  of c.  48 

without  settlement,  notice  to  l)oard 

of  lunacy  and  charity   ....     c.  86 

INN. 

fraudulently  procuring  entertainment,  c.  102 

INNHOLDERS. 

Haliility  limited c.  102 

INQUESTS. 

fees  of  witnesses,  oflicers,  examiners 

and  justices       c.  26 

report  of  evidence c.  26 

INSANE. 

asylums  for  chronic c.  87 

commitment  of c.  87 

confinement  in  almshouse    ....     c.  33 
county  receptacle  at  Ipswich  discon- 
tinued   c.  87 


INSOLVENCY. 

accounts  of  assignees  to  be  sworn  to,  c.  l.w 
agents  for  non-resident  assignees  .  .  c.  157 
allowance  to  wife  or  children   .    .    .   c.  157 

appeals,  entry  of c.  157 

claims  for  conversion  of  pledge  not 

to  be  discharged  .  .  .  .  cc.  157,  192 
composition  with  creditors   .    .    .    .  c.  157 

new  proposal c.  167 

delay  or  omission  of  schedules     .    .  c.  157 

discharge,  objections  to c.  157 

equitable  liabilities  provable  .  .  .  c.  157 
execution  where  delay  or  failure  to 

get  discharge cc.  157,  171 

mort'gages,  when  invalid c.  157 

mortgage  for  fees c.  157 

repayment  of  deposit  ......   c.  157 

special  judgments .*    .   c.  157 

taxation  to  assignees c.  11 

unclaimed  dividends c.  157 

voluntary  assignments  valid,  notice 

to  be  given c.  157 

INSPECTION. 

of  oil c.  59 

INSPECTORS. 

of  buildings,  authority c.  104 

nuisances  about  factories      ...    .   c.  104 
of  butter,  cheese  and  milk    .    .    .  cc.  56,  57 
of  factories  and  public  buildings. 
See  DisTUicT  Police. 

of  liquor,  salarj^ c.  100 

of  vinegar,  salary c.  60 

INSURANCE   COMPANIES. 

arbitrators  . c.  119 

assessment,  regulated c.  119 

benefits  not  attachable c.  119 

'    capital  stock,  where  insure  tools  .    .   c.  119 

employers'  liability c.  119 

false  statements  by  agents  punished,  c.  119 
foreign  beneficiary  companies  .  .  .  c.  119 
fraternal  beneficiary  associations, 

cc.  11^,  119 
insolvent,  unclaimed  money     .    .    .  c.  119 

investments c.  119 

life  and  casualty  insurance  on  the 

assessment  plan c.  115 

mechanics' tools c.  119 

relief  not  attachable c.  119 

revision  of  law c.  119 

taxation c.  13 

title  insurance c.  119 

INSURANCE   DEPARTMENT. 

allowance  for  clerks c.  119 

salaries  raised c.  119 


1492  Subjects  of  New  Legislatiox,  1889. 


INTEREST. 

oa  betterments c.  51 

on  small  loan c.  77 

INTOXICATING  LIQUORS. 

bee  LiQuoiis,  Intoxicating. 

INVESTMENTS. 

of  state  funds c.  16 

ISSUE,   FAILURE  OP. 

meaning c.  126 

JAILS. 

wliiiewashing c.  220 

JUDGE. 

cannot  afterwards  become  counsel  .  c.  169 
JUDGES   OF  PROBATE. 

SiiliUies c.  158 

JUDGMENTS. 

entry  of c.  171 

special c.  157 

JURISDICTION. 

m  ca>e  of  liens c.  192 

injuries  to  personal  property  .  .  .  c.  203 
of  superior  court  in  equity. 

See  SuPBRioK  Court. 

JURORS. 

e.xauiination  of c.  169 

in  iiarnstable c   170 

list  in  Boston c.  170 

injui  y  to  list e.  203 

JUSTICES  OP  THE  PEACE. 

warrants  by c   155 

power  to  summon  witnesses     .  cc.  155,  169 

JUVENILE   OFFENDERS. 

trial  of c.  89 

LABOR,  BUREAU  OP  STATISTICS. 

salary  of  clerks c.  31 

destruction  of  old  papers c.  31 

LABOR. 

accidents,  notice  of c.  74 

bells,  etc. , c.  74 

children cc.  48,  74 

communication  between  rooms  .  .  c.  104 
district  police  to  enforce  laws  .  .  .  c.  102 
doors  of  buildings  not  to  be  fastened,   c.  lOi 

employer's  liability c.  74 

hours  of cc.  48,  74 

imperfect  weaving c.  74 

meal  hours cc.  48,  74 

notice  of  claim  must  be  in  writing    .     c.  74 

notice  of  hours Ct  74 

nuisances  about  factories  .  .  .  .  c.  104 
organizations,  incorporation     .    .    .  c.  115 

reading  and  writing c.  74 

sanitary  provisions cc  48,  74 

seats  for  females c.  74 

secretar}'  of  hoard c.  74 

special  stock  for  employees  .  .  .  .  c.  106 
state  board  of  arbitration     ....     c  74 

ventilation c.  74 

weekly  payments c.  74 

words  defined cc.  48,  74 

LABOR'S  HOLIDAY. 

established c.  77 

LAND  DAMAGES. 

in  Nantucket  and  Dukes      ....     c.  49 

LANDLORD  AND  TENANT. 

appeal ;  bond  to  be  given      .    .    .    .  c.  175 


I  LANDING  PLACES. 

common,  location  of c.  49 

LARCENY. 

from  carrier c.  203 

LARD. 

adulteration  of .     c.  56 

LAW  LIBRARIES. 

aid  to c.  40 

LEGACIES. 

to  unknown  persons,  how  disposed  of,   c.  144 

to  minors  deposited c.  144 

LEGAL  NOTICES. 

where  published c.  3 

LEGISLATURE. 

notice  of  petitions  to    ....'..       c.  2 

notice  of  hearings  before  committees,  c.  16 
LEVY. 

where  suspended,  new  seizure .  .  .  c.  172 
LIBRARIAN. 

assistant,  salaiy  of c.  5 

LIBRARIES. 

appropriation  for  law c.  40 

detention  of  books c.  203 

disturbances  in,  punished    .     .     .    .   c.  207 

injury  to  property  of c.  203 

trustees  of  public c.  40 

LICENSE,  LIQUOR. 

condiiions  added  to c.  100 

LICENSES. 

for  intelligence  offices,  junk  dealers, 

pawnbrokers,  etc c.  102 

transfer  of  dog c.  102 

See  Hawkebs  and  Peddlees;  Feutilizeks; 
Liquors,  Intoxicating. 

LIEN. 

for  betterments,  how  long    ....     c.  51 

for  sewer  assessments c.  50 

fees c.  191 

form  of  petition c.  191 

jurisdiction  of  petitions  to  sell .     .     .  c.  192 

notice c.  191 

service c.  191 

LIMITATION  OP  ACTIONS. 

in  favor  of  mortgagee c.  176 

sale  of  liquor  to  minors c.  197 

LIMITED  PARTNERSHIP. 

interest c.  75 

liability c.  75 

name  of  former  firm c.  75 

renewal c.  75 

LIQUOR,  INTOXICATING. 

ballots  on  license  regulated  .     .    .  cc.  7,  100 

bond,  form  of c.  100 

clubs c.  100 

conditions  added  to  license  .  .  .  .  c.  100 
common  victuallers,  when  to  close  .  c.  100 
conviction  makes  license  void  .    .    ,  c.  100 

costs c.  100 

disposition  of  cases  regulated  .    .    .   c.  100 

by  druggists c.  100 

fees  increased c.  100 

forbidding  sales c.  100 

furniture  and  implements  to  be  for- 
feited   c.  100 

how  analyzed c.  100 

illegal  sale  enjoined c.  101 

minors,  sales  to c.  100 


Subjects  of  New  Legislation,  1889. 


1493 


LIQUOR,  INTOXICATING—  Concluded. 

notice  of  applicaiion  lor  license    .    .  c.  100 

near  school  houses c.  100 

no  license  in  certain  buildings  .     .    .  c.  100 
none  to  be  sold  or  given  on  election 

days  or  holidays c.  100 

not  to  i)e  sold  to  persons  supported 

by  charity c.  100 

number  of  licenses  limited  .    .    .    .  c.  100 

objection  by  abutters c.  100 

per  cent  of  alcohol c.  100 

punishment c.  100 

recount  of  ballots c.  100 

only  to  registered  pharmacist  .    .    .  c.  100 

salary  of  inspector c.  100 

sale  in  case  of  riot c.  100 

sale  on  holidays c.  100 

sale  to  minors,  limitation     .    .    .    .  c.  197 

screen  law c.  100 

signing  licenses  in  Boston   .     .    .     .  c.  100 

signs,  tax  receipts,  evidence     .     .     .  c.  101 

time  of  selling  limited c.  100 

time  for  applications  for  licenses  .     .  c.  100 

transfer  of  licenses c.  100 

See  Search  Warrants. 

LITERARY  INSTITUTIONS. 

lists  of  exempt  property  required       .     c.  11 

LOAN  AlSto  TRUST  COMPANIES. 

incorporation cc.  lO.o,  USa 

personal  liability      ....     cc.  106,  llSa 
business  regulated c  USa 

LOBSTERS. 

pieservation  of    .     .  , c.  91 

unlawful  taking  from' traps,  etc.   .    .     c.  91 

See  Fish. 

LOCOMOTIVE   BOILER&. 

to  be  tested '.   c.  112 

LODGING  HOUSES. 

See  boAKUiNCr  Houses;  Buildings. 

LOGS. 

on  Connecticut  river c  94 

LORD'S  DAY. 

law  revised c.  98 

not  defence  to  actions  of  tort  to  the 

person c.  98 

trains  may  be  licensed c.  93 

travelling  on c.  98 

LOYAL  LEGION. 

fraudulent  use  of  insignia     .    .     .    •   c.  203 

LUNACY  AND  CHARITY. 

board  of c.  79 

boardins  houses  for  infants .     .     .     .     c.  80 
care  of  illegitimate  infants  .     .     .  cc.  48,  80 
care  of  indigent  and  neglected  chil- 
dren           cc.  48,  86 

custody  of  juvenile  offenders    .    cc.  155,  212 
transfer  of  pauper  lunatics   ....     c.  86 

LUNATIC  HOSPITALS,  STATE. 

commitments  to  be  from  districts      .  c.  87 

female  physician  at c.  87 

habitual  drunkards  may  be  commit- 
ted to c.  87 

homoeopathic c.  87 

meetings  of  trustees  and  reports    .    .  c.  87 

number  and  sex  of  trustees  .    ...  c.  87 

transfer  to  state  almshouse  ....  c.  86 


LYMAN  SCHOOL  FOR  BOYS. 

age  at  which  may  be  committed  .     .  c.  89 

established c.  89 

more  iand  may  be  purchased  for  .    .  c.  89 

notice  of  commitments c.  89 

recovery  of  expense c.  89 

MAINE  LANDS. 

custody  of  records c.  19 

MALICIOUS  MISCHIEF. 

defacing  notice  or  paper  posted  by 

law c.  203 

jurisdiction  and  penalty c.  203 

to  milk  cans c.  203 

to  police  signals c.  205 

removal  of  flowers,  etc.,  from  grave,  c.  207 

MANUFACTURERS. 

communication  between  rooms     .     .  c.  104 

notice  of  hours  of  work c.  74 

state  arbitration c.  74 

report  of  accidents c.  74 

special  stock  for  employees      .     .     .  c.  106 

ri^'ht  to  ring  bells,  etc c.  74 

weekly  payments c.  74 

See  Labor. 

MARRIAGES. 

returns  of c.  145 

nullity CO.  145,  152 

MARRIED  WOMAN. 

deed  or  devise  by c.  147 

living  separate,  petitions  by     .    .     .  c.  147 

neglect  to  support,  punished     ...  c.  48 

personal  estate,  how  distributed  .    .  c.  135 

separate  maintenance c.  147 

transfers  between c.  147 

rights  in  burial  lot cc.  82,  144 

rights  in  husband's  estate    .    .    cc  124,  135 

will    .    .    .    .   • c.  147 

See  Husband  and  Wife. 

MASTERS  IN   CHANCERY. 

compensation c.  159 

to  report  when c.  159 

MAYOR. 

right  to  vote c.  28 

vacancv  in  office c.  28 

veto  . " c.  28 

MAYOR  AND    ALDERMEN. 

how  construed cc.  3,  28 

MEASURES. 

See  Weights  and  Measures. 

MECHANICS'  LIENS. 

law  revised c.  191 

MEDICAL  EXAMINERS. 

disposition  of  bodies c.  26 

new  districts c.  26 

fees  and  reports c.  26 

report  of  evidence c.  26 

MEDICAL   SOCIETIES. 

degrees  by,  regulated c.  115 

MESSENGERS. 

of  senate  and  house,  number  and  pay,      c.  2 

MILITARY  AND  NAVAL  HISTORIAN, 

to  be  appointed c.  21a 

MILITIA. 

armories,  provision  for c.  14 

books,  examination c.  14 

by-laws,  approval  of   .....    .  c.  14 


1494 


Subjects  or  !N'ew  Legislation,  1889. 


MILITIA—  Goncbided. 

inspecting  officer's  pay c.  14 

law  revised c.  14 

naval  battalion  added c  14 

obstructing  way c.  14 

ranli  of  officers c.  14 

reappointment c.  14 

MILK. 

acts  not  affected  by  subsequent  legis- 
lation    c.  57 

adulteration  of c.  57 

analysis  regulated c.  57 

cans,  how  marked c.  57 

cans,  malicious  injury  to      .    .    cc.  57,  203 

counterfeiting  inspector's  seals      .    .  c.  57 

defacing  cans  punished c.  57 

feeding  garbage c.  208 

inspectors c.  57 

jurisdiction  of  complaint     ....  c.  57 

quality c.  57 

sl<im  milk c.  57 

See  Adulteration. 

MINING  COMPANIES. 

taxation  of C   13 

MINING,  QUARRYING  AND  OIL 
COMPANIES, 
taxation  of  foreign c.  13 

MINORS. 

custody c.  156 

employment  of c.  74 

neglect  to  support c.  48 

papers  devoted  to  criminal  news  may 

rot  be  sold  by c.  207 

See  Children;  Ten  Hour  Law. 

MONUMENTS. 

or  headstones  for  soldiers     ....     c.  27 

MORTGAGE  LOAN  COMPANIES. 

business  and  investments     .    .    .    .c.  1186 

liability  of  stockholders c.  1186 

name c.  1186 

supervision c.  1186 

MORTGAGES. 

effect  of  suit  to  redeem c.  181 

jurisdiction  of  court c.  192 

of  real  estate,  how  barred  by  posses- 
sion        c.  176 

recording  of  chattel c.  192 

sale,  how  advertised c.  181 

taxation  of ell 

when  invalid  in  insolvency  .    .    .    .  c.  157 

MUNICIPAL  COURTS. 

additional  clerks c.  154 

additional  sessions c.  154 

Boston,  additional  justice     .    .    .    .  c.  154 
clerks  may  use  fac-simile  of  signa- 
ture   ".    .  c.  159 

East  Boston  district c.  154 

exchange  of  justices c.  154 

salaries  of  officers c.  154 

See  Police  Courts;  Towns. 

MUNICIPAL  INDEBTEDNESS. 

creation c.  29 

limited c.  29 

net  indebtedness  defined  .    .    .    .   cc.  2,  29 

proportionate  payments    instead  of  I 

sinking  fund c.  29 

return  of  sinking  funds c.  11 

temporary  loans c.  29 , 


MUSKEGET  ISLAND. 

annexed  to  Nantucket c.  22 

MUTUAL  AID  ASSOCIATIONS. 

See  Beneficiary  Associations. 

NAMES. 

changed,  a  list  to  be  published  .  .  c.  148 
in  tax  bills  corrected c  6 

NANTUCKET. 

land  damages  in c.  49 

NATURALIZATION  LAWS. 

jurisdiction  of  couits c.  160 

primary  declarations,  when  filed  .    .  c.  160 

revised c.  100 

returns  not  to  be  printed       .    .    .    .  c.  160 

NAVAL  BATTALION. 

established c.  14 

NEGLECT    OP     CHILDREN  OR 
WIPE. 

punished c.  48 

disposition  of  fine c.  48 

NEWSPAPERS. 

defined c.  3 

NOTES   AND  BONDS. 

of  railroads c.  112 

NOTICES,  LEGAL. 

of  petitions  to  the  legislature  ...  c.  2 
tearing  down  or  defacing  .  .  .  .  c.  203 
where  published c.  3 

NUISANCES. 

lences    .    .     .     .  ■ cc.  36,  180 

abatement c.  80 

enjoined c.  101 

about  factories c.  104 

NULLITY,  PETITIONS  POR. 
See  Divorce. 

OPPICERS. 

fees cc.  26,  89 

fees  for  summoning  witnesses  .    .     .  c.  199 

returns  of  arrests c.  219 

salaries c.  159 

to  wear  uniform c.  159 

with  sheriff's  jury,  pay c.  49 

with  superior  court  in  Suffolk  .     .     .  c.  159 

with  supreme  court c.  159 

See  Inquests. 

OIL. 

See  Petroleum, 

OPIUM  SMOKING. 

keeping  place  for,  forbidden     .    .    .   c.  207 

ORNITHOLOGY. 

takmg  birds  for c.  92 

OVERSEERS  OF  THE  POOR. 

election  of c.  27 

See  Towns. 

OYSTERS. 

licenses  to  take c.  91 

PAGES. 

of  senate   and  house,  number  and 

pay c.  2 

PARDON. 

imprisonment  after  condition  broken,   c.  218 


Subjects  of  ]^ew  Legislation,  1889. 


1495 


PARISHES  AND  RELIGIOUS  SO- 
CIETIES. 

incorporation c.  38 

by-laws c  38 

Reformed  Episcopal  Churcli  trustees,  c.  39 

taxation  by c.  38 

PAKKS. 

laying  out  by  cities  and  towns      .     .  c.  49 

taking  for  railroads c.  112 

PARTITION". 

not  defeated  by  liens c.  178 

notice c.  178 

partial  division  by  probate  court .     .  c.  178 

removal  of  petition c.  178 

upon  "whom  binding c.  178 

where  estates  for  life  or  years  .     .    .  c.  178 

where  land  is  in  different  counties    .  c.  178 
PARTNER. 

reaching  property  of,  in  equity     .     .  c.  151 

PARTRIDGES. 

protected C.  92 

PAUPERS. 

begging c.  86 

bills  for c.  86 

burial  of  unclaimed  bodies  ....  c.  84 

children cc.  84,  86 

insane c.  84 

liable  for  their  own  support      ...  c.  84 

removal  of  sick c.  86 

support  of  sick c.  86 

transfer  of c.  79 

See  Children. 

PAWNBROKERS. 

examination c.  102 

include  persons  lending  on  pledge    .  c.  102 

sale  of  personal  apparel c.  102 

PAYMENTS. 

weekly c.  74 

PEAS. 

weight  of c.  60 

PEDDLERS. 

See  Hawkers  and  Peddlers. 

PENSIONS. 

agent  for,  to  be  appointed     ....  c.  30 

PETITIONS  TO  THE  LEGISLATURE, 

notice  of c.  2 

PETROLEUM. 

inspection cc.  59,  102 

standard  established c.  59 

unsafe  punished c.  59 

PHARMACY. 

regulated c.  67a 

PHYSICIANS. 

to  make  returns  of  births     ....  c.  37 

PHYSIOLOGY  AND  HYGIENE. 

to  be  taught c.  44 

PICKEREL. 

protected c.  91 

PICNIC  GROVES. 

to  be  licensed c.  102 

hawking  and  peddling  near     .     .    .  c.  102 

PILOTAGE. 

regulated  and  laws  revised  ....  c.  70 

PILOTS. 

additional c.  70 

at  Cohasset c.  70 


PILOTS  —  Concluded. 

at  Wood's  HoU c,  70 

exemptions c.  70 

fees c.  70 

half  fees c.  76 

Salem  and  Beverly c.  70 

whaling  vessels c.  70 

when  other  than  regular  pilots  can 

act c.  70 

PLUMBERS. 

business  may  be  regulated   .    .    .     .   c.  102 

POISONS. 

sale  regulated c.  208 

POLICE. 

railroad  and  steamboat c.  103 

cities  may  indemnify c.  28 

See  District  Police. 

POLICE  COMMISSIONERS. 

may  require  attendance  of  witnesses,  c.  169 

POLICE  OR  DISTRICT  COURTS. 

adjournment  when  justice  absent      .  c.  154 

accounts  of c.  154 

allowances  to  clerks c.  154 

answer  maj-  be  required c.  167 

bonds  on  appeal c.  154 

clerks  pro  tempore,  paj^  of  .    .    .    .  c.  154 

clerkships  abolished c.  154 

clerkships  established c.  154 

dockets  and  blanks c.  154 

established  and  changed  .  .  .  .  .  c.  154 
jurisdiction  extended  .  .  cc.  102,  154,  203 
justices  may  interchange      .    .    .    .  c.  154 

officers  and  salaries c.  154 

process,  teste  of c.  154 

salaries  of  officers c.  154 

sessions c.  154 

travelling  expenses  allowed  .  .  .  .  c.  154 
uniform  accounts  provided  for.    .    .  c.  154 

witness  fees  to  be  paid c.  154 

writs  may  run  into  other  counties     .  c.  154 

POLICE  MATRONS. 

to  be  appointed c.  220 

POLICE  SIGNALS. 

injury  to c.  205 

POLLING  PLACES. 

at  special  elections c.  7 

POLLS  AND  ESTATES. 

list  of  polls  must  be  posted  ....  c.ll 

time  for  assessment  extended  .    .    .  c.  II 

established  for  decade c.ll 

POLLUTION. 

of  water  supply  restrained    ....    c.  80 

PONDS. 

bathing  in,  where  used  for  water  sup- 
ply    c.  80 

fishing  in c.  91 

structures  and  encroachments  in  .    .     c.  19 

POOL  SELLING. 

forbidden c.  99 

warrant  to  search  for  tickets     .    .    .  c.  212 

POOR  CONVICTS. 

discharge  of c.  222 

POOR  DEBTORS. 

law  revised c.  162 

See  Arrest. 


1496         Subjects  of  New  Legislatiojj^,  1889. 


159 


POSTMASTER  OF  LEGISLATURE, 
pay  of c.  2 

POULTRY. 

to  be  dressed c.  58 

POUND  STERLING. 

exchangeable  value c.  16 

PRACTICE. 

appearing  as  counsel  after  sitting  as 

judge c. 

as  to  writs  and  return  days  revised, 

cc.  161,  164, 

bill  or  petition  instead  of  writ  .    .    .  c. 

civil  actions  may  be  begun  by  peM- 

tion '.    .    .  c. 

claimants  may  come  in c. 

copies  of  books  and  records  of  sav- 
ings banks  evidence c. 

day  of  trial  may  be  agreed  .    .    .    .  c. 

declaration,  failure  to  tile     ....  c. 

defaults c. 

discharge  of  bail c. 

equitable  defences c. 

exceptions  when  judge  dead     .    .    .  c. 

failure  to  enter  appeal  or  exceptions,  c. 

interpleader c. 

jurors,  examination  of c. 

notice  to  non-resident  where  property 

attached c. 

orders    and    writs  issued    in    other 

counties c. 

relief  as  case  requires  in  civil  actions,  c. 

return  day  of  process  in  equity    .    .  c. 

shire  towns  may  be  designated.     .    .  c 

terms  abolished  .    .    .    .     cc.  161,  U4, 

time  of  trial  agreed c. 

trial  list,  criminal,  in  superior  court,  c. 

trial  list  in  SutTolk c. 

trustee  writ  from  trial  justices  .    .    .  c 

written  answer  in  police  court  .    .    .  c. 


67 
67 

69 
67 
67 
67 
63 
67 
52 
50 
67 
69 

64 

61 
67 
52 
67 
67 
67 
14 
67 
83 
67 

C.9 
c.9 

PRISONERS. 

agents  for  discharged c.  219 

reports  by c.  219 

assistance  to  discharged c.  219 

charges  for  insane cc.  213,  214 

contract  labor cc.  220,  221 

control  of  labor c.  220 

discharge  of  poor  convicts  .  .  .  .  c.  222 
employment  of  ....  cc.  219,  220,  221 
escape  of,  at  work  outside    .     ,     .     .  c.  220 

female,  aid  to c.  219 

instruction c.  221 

permits  to  be  at  liberty  .  cc.  220,  221,  222 
piece-price  system   .....     c.  220,  221 

removal  of,  to  hospitals c.  219 

transfer  of cc.  219,  220,  221 

PRISONS. 

superintendent  of cc.  220,  221 

transfer  of  prisoners c.  210 

trespass  on  lands  of c.  203 

PRISONS,  COMMISSIONERS  OF. 

salaries c.  219 

expenses c.  219 

powers c.  219 


PRESIDENTIAL  ELECTORS. 

election 

contest 


PROBATE  COURTS. 

allowance  for  clerical  assistance  .     .  c.  158 

appeals  to  superior  court      .    .    .     .  c.  148 

appeals,  how  taken c.  156 

appraisers,  fees c.  149 

bonds,  foreign  fidelity  insurance  com- 
panies may  be  sureties  .    .     .    .  c.  143 
confirmation  of  acts    ....    cc.  142,  156 

constable  for,  in  Suffolk c.  156 

expenses  of  recording  on  Suffolk  .     .  c.  156 

expenses  may  be  allowed  .  .  .  .  c.  156 
notice,  how  proved  .  .  .  .  cc.  132,  134 
notice,  proof,  when  to  be  filed  .   cc.  132,  134 

officers,  salaries cc.  158,  159 

petitions  by  married  women  living 
separate,  and  custody  of  minors, 

cc.  148,  456 

sessions c.  156 

terms  falling  on  holiday  or  election 

daj^ c.  156 

PROBATION   OFFICERS. 

in  Boston c.  212 

PROMISSORY  NOTE. 

liolidays c.  77 

on  uncertain  time  negotiable    ...  c.  77 

PROSTITUTION. 

hn-mg,  etc.,  tor c.  207 

PUBLIC  BUILDINGS. 

ventilation c.  104 

sanitarj'  provisions     .     .     .     .     .     .  c.  104 

PUBLIC  DOCUMENTS. 

printing  and  distribution  of     .     .     .  c.  4 

express  and  postage  on c.  4 

PUBLIC  DOMAIN. 

set  apart  for  forest  trees c.  27 

PUBLIC  GROUNDS. 

improvement  of c.  49 

PUBLIC   LANDING  PLACES. 

laying  out c.  49 

PUBLIC  LIBRARIES. 

trustees  of c.  40 

PUBLIC  PROPERTY. 

accounts  of  sales  of c.  16 

PUBLIC   STATUTES. 

supplements  provided  for    ...     .  c.  4 

PUBLIC  WAREHOUSES. 

bonds c.  72 

non-negotiable  receipts c.  72 

sale  for  charges c.  72 

RAILROADS. 

accounts,  form  and  time      ....  c.  112 

alterations  of  crossing;  appeal    .     .  c.  112 

automatic  signals  at  crossings  .    .     .  c.  112 

betterments  for  changes  at  crossings,  c.  112 

bonds,  how  long  to  run c.  112 

bonds,  taxable c.  11 

branches  near  state  house    .    .    .     .  c.  112 

bridges,  examination  of c.  112 

carrying  bodies  of  persons  dying  of 

contagious  diseases c.  32 

cars,  heating  of c.  112 

cash  fares  on  cars  regulated     .     .    .  c.  112 
certificate    of    public    necessity    re- 
quired      

of  incorporation,  how  soon  .     .    .  c.  112 

certain  notes  and  bonds  to  be  valid  .  c.  112 

color  blindness c.  112 


Subjects  of  New  Legislation,  1889. 


1497 


RAILROADS  —  Concluded. 

consent  of  town  or  city  where  public  c. 

property  is  taken c. 

crossings,  betterments c. 

damages,  apportionment     .     .     .     .  c. 

deatli  of  employees c. 

discrimination  in  rates c. 


12 
12 
12 
12 
12 
12 

disorderly  persons  on c.  207 

12 
12 


electric  signals  at  crossings 

fences c 

frogs,  switches  and  guard  rails  to  be 

blocked c.  112 

gates  and  flagmen  at  grade  crossings,  c.  112 

in  foreign  countries,  how  taxed    .    .  c.  11 

land  for  new  tracks c.  112 

locations  near  state  house    ....  c.  112 

locations,  change c.  112 

police,  tenure  of  ofHce c.  103 

proxy  voting c.  112 

purchasers  under  foreclosure,  rights 

of c.  112 

quarterly  statements  required  .    .    .  c  112 

relief  societies  of  employees      .    .    .  c.  11-5 

safety  couplers  on  freight  cars.    .    .  c.  112 

signals  protected c.  112 

salary    of    commissioners    payable 

monthly c.  112 

salary  of  accountant  and  clerk      .    .  c.  112 

street  crossings,  power  to  regulate    .  c.  112 

Sunday  trains c.  98 

taking  public  lands  or  buildings   .    .  c.  112 

testing  locomotive  boilers     .    .    .    .  c.  112 
tools  and  safeguards  against  fire  for 

cars c.  112 

whistling  may  be  regulated .    .    .    .  c.  112 

wood  at  crossings  may  be  cut  .    .    .  c.  112 
women  and  children  need  not  ride 

in  smoking  cars c.  112 

RABBITS. 

protected c.  92 

RAPE. 

age  of  consent c.  202 

REAL  ESTATE. 

conditioiK  on c.  126 

held  V)y  savings  banks,  time  of  sale  .  c.  116 

sale  for  taxes c.  12 

attachment  of. 

See  Attachment. 

RECEIVERS. 

time  of  appointment c.  105 

See  Insukaxce  Companies  ;  Savings  Banks. 

RECORD. 

of  transfers  of  dog  licenses  .    .     .     .  c.  102 

in  other  registries c.  120 

of  burial  lots e.  32 

RECORDS. 

accommodations  for    .....     .  c.  37 

indexes c.  37 

REDEMPTION. 

of  land  set  off  on  execution.    .    .    .  c.  172 

REFEREES. 

fees  of c.  159 

REFORM  SCHOOL. 

age  limited  to  fifteen C.  89 

for  boys,  changed  to  Lyman  school  .  c.  89 

notice  of  committals c.  89 

See  Lyman  School. 


REFORMATORY  PRISON  FOR  MEN. 

age  limited c  221 

approval  of  bills c.  221 

deductions  for  good  conduct     .    .    .  c.  222 

employment  of  prisoners c.  221 

established c.  221 

illicit  conveyance  of  articles  into  .    .  c.  221 

who  maj'  sentence  to,  and  for  what .  c.  221 

officers  and  salaries c.  221 

permits  to  be  at  liberty c.  221 

recommitments c.  222 

removal  to c.  221 

removals  to  state  farm     ...     cc.  88,  221 

removal  from,  when  insane  .    .    .    .  c.  222 

salaries c.  221 

sentences  to cc.  221,  222 

REFORMATORY     PRISON    FOR 
WOMEN". 

approval  of  bills c.  221 

cost  of  removal  of  prisoners     .    .    .  c.  219 

deputy  or  temporary  superintendent,  c.  221 

employment  in c.  221 

escapes  are  punished c.  221 

female  convicts  from  United  States 

court c.  221 

ofBce  of  treasurer,  steward  and  school 

mistress  abolished c.  221 

recommitments c.  222 

release  of  prisoners  transferred  from,  c.  22 1 

salaries c.  221 

schoolmistress  and  chaplain    .    .     .  c.  221 

REFORMED  EPISCOPAL  CHURCH. 

officers  of c.  37 

REGISTERS  OF  DEEDS. 

women  may  be  assistant c.  24 

REGISTERS  OF  PROBATE. 

allowances c.  158 

salaries c.  158 

REGISTRARS  OP  VOTERS. 

members c.  6 

removal  of c.  6 

temporary c.  6 

REGISTRATION  OF  VOTERS. 

announcement  of  names      ....  c.  6 

errors  by  assessors c.  6 

errors  in  names c.  6 

list  of  persons  dead c.  6 

of  naturalized  voters c.  6 

precincts  in  towns c.  6 

revised c.  6 

women c.  6 

REGISTRY  OF  DEEDS. 

indexes c.  21 

new,  in  Worcester c.  24 

REINSURANCE. 

regulated c.  119 

RELIEF  SOCIETIES. 

by  railroad  and  steamboat  employees,  c.  115 

railroads  may  join c.  115 

funds  exempt  from  attachment,  cc.  115,  183 

RELIGIOUS  SOCIETIES. 

bv-laws c.  38 

trustees  of c.  39 

REMOVAL  OF  ACTIONS. 

time c.  161 

REPORTS. 

number  to  be  printed c.  4 


1198         Subjects  of  ^ew  Legislation-,  1889. 


REPORTS,  LAW. 

publication c.  159 

salary  of  reporter c.  159 

REPRESENTATIVES,  HOUSE  OF. 

districts c.  8 

pay  of  members c.  2 

of  officers c.  2 

returns e.  8 

REPRESENTATIVES  IN  CONGRESS. 

districts c.  9 

residence c.  9 

REQUISITIONS. 

expense c.  218 

RESTRICTIONS. 

affecting  real  estate,  construction      .   c.  126 
determining  validity    .     .  '  .     ,    .    .  c.  176 

RETURNS. 

of  foreign  insurance  companies  .  .  c.  105 
REVIEW. 

bonds  to  prosecute,  form      .     .     .     .   c.  187 

stay  of  execution  vvitliout  security  .  c.  187 
ROGUES,  ETC. 

how  punislied c.  207 

ROYALTY  PAYING  MACHINES. 

ta.xution c.  11 

RUFFED  GROUSE. 

protected c.  92 

SAFE  DEPOSIT  CORPORATIONS. 

business  regulated c.  118a 

incorporation cc.  105,  118a 

investments c.  118a 

name  limited c.  118a 

personal  liability c.  106 

removal  of  contents  of  vaults  .     .      c.  118a 
taxation c.  13 

SAFETY  FUND  AND  LOAN  ASSO- 
CIATIONS. 

See  Co-operative  Associations. 
SAILORS. 

exempt  from  civil  service  examina- 
tion      Title  vii. 

transportation  of  destitute  ....     c.  69 
wages  or  lay  exempt  from  attach- 
ment   c.  183 

SALARIES. 

auditor  and  his  clerk c.  16 

clerks  and  assistant  clerks  of  senate 

and  house c.  2 

commissioners  of  savings  banks  and 

clerks c.  116 

commissioners  of  prisons,  secretary 

of c.  219 

commissioner  of  state  aid    ....     c.  30 

county  officers cc.  22,  23 

deputy  tax  commissioner  and    his 

clerks c.  13 

district  attorneys,  etc c.  17 

district  conrts c.  154 

deputy  sui)e!intendent  of  reformatory 

prison  for  women c.  221 

engineer  at  state  prison c.  221 

executive  clerk  of  governor     .    •    .     c.  15 

executive  messenger c.  15 

first  clerk  of  secretary c.  15 

governor c.  15] 

inspector  of  liquor c.  100 

insurance  department c.  119 


SATjARIBS— Concluded. 

judges  and  clerks c.  154 

judges  of  superior  court c.  152 

members  of  legislature c.  2 

officers  of  court c.  159 

officers  of  general  court c.  2 

officers  of  police  courts,  etc.     .    .    .  c.  154 

officers  of  probate c.  158 

officers  of  state  library c.  5 

officers  of  state  prison c.  221 

officers  of  reformatories c.  221 

private  secretary  of  governor  .    .    .  c.  15 

police  court c.  154 

probate  court c.  158 

railroad  commissioners,  clerk  and  ac- 
countant    c.  118 

secretary  of  the  Commonwealth  and 

his  clerks c.  15 

sergeant-at-arms c.  5 

sheriffs c.  25 

treasurer  and  his  clerks c.  16 

SALES. 

conditional,  of  household  furniture 

or  goods c.  192 

of  coal  by  measure c.  60 

of  commercial  fertilizers c.  60 

of  poultry c.  58 

SALMON. 

protected c.  91 

SANITARY  PROVISIONS. 

in  factories,  etc c.  48 

SAVINGS   BANKS. 

annual  report,  form  of c.  116 

bonds  of  treasurers c.  116 

books  of  insolvent c.  116 

claims  against  insolvent c.  116 

deposit  books  to  be  verified     .     .    .  c.  116 

deposits  in  banks c.  116 

deposits,  limitation  of c.  116 

examination  of c.  116 

extra  dividends c.  116 

interest,  limitation  of c.  116 

investments c.  116 

land  held  for  foreclosure      .     .     .     .  c.  116 

liability  to.  limited c.  116 

limit  to  loans  to,  on  personal   se- 
curity    c.  116 

members,  forfeiture  of  office     .     .    .  c.  116 
names  of  board  of  investment  to  be 

published c.  116 

not  incorporated  here,  unlawful  .  .  c.  116 
notices  of  special  meetings  .  .  .  .  c.  116 
only  one  place  of  business  .  .  .  .  c.  116 
orders  are  payable  after  death  .  .  .  c.  116 
president  and  treasurer  cannot  bor- 
row       c.  116 

salary  of  commissioners c.  116 

storage  of  books  of  insolvent  .    .    .  c.  116 

taxation c.  13 

time  for  selling  real  estate  .     .     .    .  c.  116 

trial  balance  of  depositors' ledger     .  c.  116 

trustee,  forfeiture  of  office   ....  c.  116 

unclaimed  deposits,  return  of  .     .     .  c.  116 

unclaimed  money  in  receivers'  hands,  c.  116 

SAVINGS  BANK  COMMISSIONERS. 

board  increased c.  116 

need  not  examine  accounts  .     .     .     .  c.  23 

salaries c.  116 


Subjects  of  IS'ew  Legislation,  1889.  1499 


SCHOOL  BOOKS  AND  SUPPLIES. 

to  be  furnislied c.  41 

dues  or  taxes  for,  may  be  abated,  cc.  11,  44 

SCHOOL  FOR  FEEBLE-MINDED. 

notices  of  applications  for  admission,     c.  87 

SCHOOL  COMMITTEE. 

notice  of  election c.  28 

SCHOOL  DISTRICTS. 

abolished c.  45 

towns  to  sue  or  defend  for  ....  c.  45 

SCHOOL  FUND. 

distribution  of c.  43 

SCHOOLS. 

children  sick  with  contagious  dis- 
eases   c.  47 

books  and  apparatus  may  be  pro- 
cured for c.  44 

enticing  from,  punished c.  48 

evening c.  44 

evenmg  high c.  44 

half  time e.  47 

notice  of  opening c.  44 

instruction  in  hand  tools     ....  c.  4i 

in  physiology  and  hygiene    ...  c.  44 

sales  of  liquor  near c.  100 

sanitary  provisions  and  ventilation  .  c.  104 

superintendent  of c.  44 

teachers,  tenure  of  office     ....  c.  44 

teaching  required c.  47 

truants c.  48 

violating  rules c.  48 

SCHOOLS,  EViJNING. 

attendance  of  children c.  47 

establishment  of,  in  certain  cities      .     c.  44 

SCHOOLS,  SUPERINTENDENT  OF. 

See  SUPERLNTENDENT  OF  SCHOOLS. 

SEALERS     OF     WEIGHTS     AND 
MEASURES, 
appjintiuent  of c.  65 

SEALS. 

bounty  for  destruction c.  91 

SEAMEN. 

advance  wages c.  69 

transportation  of  destitute  ....     c.  69 

SEARCH  WARRANT. 

for  liquor,  by  whom  issued      .     .     .  c.  100 

to  require  seizure  of  furniture      .     .  c.  100 

for  pool  tickets c.  212 

SEATS. 

for  female  employees c.  74 

SECRETARY  OF  COMMONWEALTH. 

salary  of c.  15 

salary  of  clerks c.  15 

messenger  and  clerk  hire     .    .    .     .     c.  15 

SEDUCTION. 

punished c.  207 

SENATE. 

compensation  of  officers c.  2 

districts c.  8 

pay  of  members c.  2 

salary  of  clerk  and  assistant  clerk    .  c.  2 

SENTENCE. 

to  jail  instead  of  house  of  correction,   c.  215 
successive c.  215 


SERGEANT-AT-ARM3. 

salary  of c.  5 

salaries     and    designations    of    his 

appointees c.  5 

SETTLEMENT. 

of  title c.  176 

SEWERS. 

to  protect  water  supply c.  81 

power  of  board  of  health      ....     c.  81 

SEWER  ASSESSMENTS. 

lien  for c.  50 

redemption  of  land  sold  for .     .    .     .     c.  50 

SEXTONS. 

returns c.  32 

SHAD. 

protected c.  91 

SHADE  TREES. 

taxing  for c.  27 

SHERIFF. 

may  adjourn  police  or  district  courts,  c.  154 
process  for  or  against,  how  served    .     c.  25 

salaries c.  25 

deputies. 

See  Officers. 

SHIPS. 

taxation c.  11 

owners  to  appoint  agent c.  69 

See  Pilots. 

SHOWS. 

children  attending c.  102 

unlicensed c.  102 

SINKING  FUNDS. 

reiurns  to  be  made      .... 

SKATING  RINKS. 

licensing 


c.  11 


c.  102 


SMALL-POX. 

local  boards  of  health  to  notify  state 

board c.  80 

transportation  of  bodies  of  persons 

dying  of c.  32 

SOLDIERS. 

agent  for  pensions c.  30 

aid  may  be  entrusted  to  grand  army 

posts c.  30 

exempt  from  civil  service  examina- 
tion      Title  vii. 

headstones  or  monuments  for  .     .    .  c.  27 

burial c.  30 

pensions,  assistance c.  30 

return  of  death c.  32 

support  at  homes c.  30 

state  aid  extended c.  30 

SPECIAL  JUSTICES. 

fees  at  inquests c.  26 

STATE  AID. 

burial c.  30 

extended c.  30 

investigation c.  30 

law  revised c.  30 

may  be  entrusted  to    grand    army 

posts ".  c.  30 

salary  of  commissioner c.  30 

support  at  homes c.  30 


1500         Subjects  of  I^ew  Legislation,  1889. 


STATE  ALMSHOUSE. 

trustees c.  86 

superintendent c.  86 

removal  of  paupers c.  86 

STATE  BOUNDARY c.  1 

STATE  DOCUMENTS. 

number  and  dibtribution  of.     ...  c.  4 

STATE  FARM. 

discharge  of  boys c.  88 

trustees c.  88 

location  changed c.  88 

name  changed c.  88 

persons  leaving  and  begging  punished,  c.  88 

removals  from c.  221 

removals  to c.  88 

who  sentenced  to cc.  207,  219 

STATE  HOUSE. 

contingent  expenses  at c.  5 

STATE  INDUSTRIAL  SCHOOL. 

commitments  by  Uniied  States  court,  c.  89 

notice  of  commitments    ..■,..  c.  89 

recovery  of  expense c.  89 

STATE  LANDS. 

harbor  commissioners  to  have  charge 

of C.19 

STATE  LIBRARY. 

annual  appropriation  for  books     .     .  c  c 

clerks c.  5 

librarian c.  5 

STATE  LUNATIC  HOSPITALS. 

commitments  to c.  87 

female  physician  for c.  87 

meetings  and  reports c.  87 

number  and  sex  of  trustees   .  .    .    .  c  87 
See  Insane. 

STATE  OFFICERS. 

advances  tor  sinall  expenses    .     .     .     c.  16 

STATE  PRIMARY  SCHOOLS. 

notice  of  committals c.  89 

pauper  children c.  89 

STATE  PRINTING. 

Contract  tor c.  4 

STATE  PRISON. 

appeal  to  governor  and  council    .    .  c.  221 

approval  of  bills c.  22. 

instruction  in c.  221 

officers  and  salaries c.  221 

printing  in c.  221 

recommitments c.  222 

removal  of  officers c.  221 

removed  to  Boston c.  22l 

STATE  REFORM  SCHOOL. 
See  Lyman  School. 

STATE  WORKHOUSE. 

See  State  Farm. 

STATISTICS   OF  LABOR. 

papers  may  be  destroyed     ....     c.  31 

STATUTE  OP  FRAUDS. 

agreement  to  make  will  must  be  in 

writing c.  78 

STATUTES. 

acceptance  of c.  3 

construction c.  3 

supplements c.  4 

tables  and  indexes c.  4 


STEAMBOATS. 

on  Lord's  day c.  98 

STEAMBOAT  EMPLOYEES. 

relief  societies c.  115 

STEAMBOAT  POLICE. 

See  DisTKicT  Police. 

STEAM  BOILERS. 

returns cc.  11,  13 

STENOGRAPHERS. 

superior  court  may  appoint.     .    .     •  c.  159 

fees  of c.  159 

STOCKS. 

records  of  transfers c.  105 

STREET     COMMISSIONERS    OF 
BOSTON. 

powers  of  ...     , c.  49 

STREETS. 

See  Wats. 

STREET  RAILWAYS. 

Cable  system  authorized  .    .    .   cc.  112,  113 

children  selling  on  cars c.  113 

increase  of  capital c.  113 

liability  for  loss  of  life c.  112 

mortgage  of  roads c.  113 

proxy  voting c.  113 

running  over  other  roads     ....  c.  113 

SUBPCENA. 

issue  of c.  169 

SUGAR. 

from  beets,  bounty c.  77a 

SUPERINTENDENT  OI^  SCHOOLS. 

towns  may  unite  to  employ      .     .     .  c.  44 

SUPERIOR  COURT. 

api^eals  from  probate  court .    .    .     .  c.  1-52 

claims  against  state c.  195 

clerks  may  use  fac-simile  of  signature,  c.  159 
divorce,  jurisdiction  of    .    .     .   cc.  146,  152 
in  Plymouth  may  adjourn  to  Brock- 
ton        c.  152 

in  Essex  may  adjourn  to  Haverhill,  c.  152 
jurisdiction  in  equity,  pleadings  and 

practice c.  152 

justices,  number  increased  ....  c.  152 

may  retire  on  salary c.  152 

may  appoint  stenographers .    .     .     .  c.  159 

officers  in  attendance  ., c.  159 

to  be  uniformed c.  159 

provision  as  to  justice  holding  crim- 
inal terms  repealed c.  152 

removal  of  actions  from c.  152 

salaries  and  expenses  of  justices  .    .  c.  152 

salaries  of  officers c.  152 

stenographers c.  159 

terms  of c.  152 

trial  list  in  criminal  cases    .    .     .    .  c.  214 

venue,  change  of c.  161 

SUPERVISORS  OP  ELECTIONS. 

swearing  of c.  7 

SUPREME  JUDICIAL  COURT. 

expenses  of  justices c.  150 

frivolous  appeals c.  150 

justices  may  retire  on  salary    .    .     .  c.  150 

salaries  of  officers c.  159 

special  terms  for  capital  cases  .    .    .  c.  150 

term  in  Worcester  changed .     .     .     .  c.  150 

venue,  change  of c.  161 


Subjects  of  New  Legislation,  1889. 


1501 


TAX  COMMISSIONER. 

salary  of  deputy c.  13 

clerks    . c.  13 

to  furnish  blanks c.  12 

TAX  SALES. 

custody  of  deeds c.  12 

surrender  of  deed e.  12 

mortgaged  estate c.  12 

TAXES. 

collection c.  12 

notice c.  12 

entries  of  disposition  of  tax    .     .    .  c.  12 

fees c.  12 

demand c.  12 

arrest  and  commitment c.  12 

re-assessment c.  12 

summons c.  12 

TAXATION". 

abatement,  application  by  tenant      .  c.  11 

apportionment c.  11 

assessment  districts c.  11 

assignees c.  11 

bank  shaves,  lien c.  13 

bonds  of  all  railroads  taxable.     .     .  c.  11 

suits  about c.  13 

collection  of,  law  codified    .    .     .  cc.  11,  12 

corporations c.  13 

costs  on  appeal  for  abatement .    .     .  c.  11 
debts  which  are  to  be  deducted  from 

assets c.  11 

errors  in  tax  l)ills c.  6 

exemptions cc.  11,  13 

foreign  corporations    ....     cc.  13,  106 

horticultural  societies  exempt  .     .    .  c.  11 

insurance  companies c.  13 

limitation  of c.  11 

lists  of  persons  assessed  for  polls     .  c.  11 

lists  and  returns  of  charities    .     .  cc.  11,  13 

mortgaged  real  estate c.  11 

omitted  estates c.  11 

over  or  under  valuation  punished     .  c.  27 

overlay  valid c.  11 

ownership  of  record c.  11 

personal  property  of  assignees,  joint 

owners,  etc c.  11 

royalty  paying  machines     ....  c.  11 
safe  deposit,   loan  and    trust  com- 
panies        c.  13 

sale  of  property  taken  for  .     .     .     .  c.  12 

for  school  books  may  be  abated  .  cc.  11,  44 

savings  banks cc.  13,  116 

surrender  of  title  to  city c.  12 

tax  list,  form  of c.  11 

tax  bills  to  state  apportionment  of 

state  and  county c.  11 

table  of  aggregates c.  11 

title  insurance  companies     ....  c.  13 

telephone  comjjanies c.  13 

valuation  books c.  11 

valuation  established c.  11 

vessels  in  foreign  trade c.  11 

M'arrant,  return  of c.  12 

what  must  be  enumerated   ....  c.  11 
TEACHERS. 

tenure  of  office c.  44 

TELEGRAPHS  AND  TELEPHONES. 

cannot  enter  property c.  10!) 

damages  to  abutters  on  streets     .    .  c.  109 


TELEGRAPHS    AND    TELE- 
PHONES —  Concluded. 

discrimination  forbidden      .     .     .     .  C.  109 

in  foreign  countries,  bow  taxed    .    .  c.  11 

law  extended c.  54 

liability  established c.  109 

names  to  be  put  on  posts     .     .     .     .  c.  109 

regulated c.  109 

taxation •    •  c.  13 

TELLERS. 

at  town  meetings c.  7 

TEMPERANCE  SOCIETIES. 

exemption  from  taxation  .  .  .  •  c.  11 
TEMPORARY  LOANS. 

in  cities  and  towns c.  29 

TEN  HOUR  LAW. 

evidence  of  age c.  74 

employment  of  children c.  48 

mercantile  establishments    ....  c.  74 

notices  of  hours  of  labor     ....  c.  74 

TENEMENT  HOUSES. 

fire  escape c.  104 

TENURE  OP  OFFICE  .  .  .  .  Title  vii. 
THEATRES. 

fire  curtains c.  104 

THEATRICAL  ENTERTAINMENTS. 

unlicensed c.  102 

TIDE-WATERS. 

removal  of  obstructions  in  .  .  .  .  c.  97 
TIMBER. 

in  Connecticut  river c.  94 

TITLE  INSURANCE  COMPANIES. 

authorized c.  106 

taxation  of c.  13 

TOBACCO. 

sale  to  persons  under  sixteen   .    .     . '  c.  208 

TOMBS. 

closing  of c.  82 

TOOLS. 

instruction  in  use  of c.  44 

TOWNS. 

anniversaries,  celebration    ....  c.  27 
annual  payment  of  debts  instead  of 

sinking  funds c.  29 

auditors  to  be  elected c.  27 

boundary  lines c.  27 

burial  places,  may  receive  funds  for,  c.  82 

constaljles'  names  to  be  returned  .     .  c.  27 

counsel,  may  employ c.  27 

culture  of  trees  or  forests    ....  c.  27 

defacing  warrants  punished     .     .    .  c.  203 

disposal  of  garbage  and  offal  ...  c.  27 
election  of  assessors  and  overseers 

of  the  poor c.  27 

evening  schools  in  certain    ....  c.  44 
grand  army,  may  lease  public  build- 
ings to c.  27 

headstones  or  monuments  for  sol- 
diers     c.  27 

indexes  of  records c.  37 

issue  of  bonds,  notes,  etc c.  29 

may  contract  with  other  towns  for 

sewers  to  protect  water  supply  .  c.  81 
may  unite  to  employ  superintendent 

of  schools c.  44 

meetings c.  27 


1502         Subjects  of  !N"ew  Legislation,  1889. 


TOWNS—  Concluded. 

notice  of  highway  injuries  ....  c.  52 

parks c.  27 

petroleum,may  regulate  inspection  of,  c.  102 

precinct  voting c.  7 

precincts  may  be  discontinued ...  c.  7 

recount  of  ballots c.  7 

returns  of  sinliing  funds c.  11 

regulation  of  carriages c.  28 

of  telegraph  wires c.  27 

school  districts,  to  sue  or  defend  for,  c.  45 

soldiers'  monuments c.  27 

supervisors  sworn c.  7 

taxing  for  shade  trees c.  27 

temporary  loans c.  29 

tellers  may  be  appointed c.  27 

voters  to  register c.  27 

who  to  preside  at  special  meetings    .  c.  27 

TOY  PISTOLS. 

sale  forbidden c.  102 

TRADE  ORGANIZATIONS. 

incorpor;Uion c.  115 

TRAMPS. 

persons  leaving  almshouse  or  work- 
house and  begging c.  88 

who  are,  and  how  punished     .     .    .  c.  207 

TREASURER,  STATE. 

additional  clerk c.  16 

extra  clerJss c.  16 

office  hours c.  21 

salary c.  16 

salaries  of  clerks c.  16 

standard  of  exchange c.  16 

TREES. 

act  need  not  be  accepted c.  54 

land  taken  for,  by  cities  .     .     .    .  cc  27,  49 

may  be  planted  by  cities      ....  c.  54 

removal  of,  in  ways c.  52 

TRESPASS. 

on  public  lands c.  203 

TRIAL  JUSTICES. 

authority  to  summon  witnesses    .    .  c.  155 

failing  to  attend c.  212 

jurisdiction  in  milk  cases     .     .    .     .  c.  155 

power  to  sentence  to  reformatory  .     .  c.  155 

to  commit  children c.  155 

preservation  of  dockets  and  records,  c.  155 

proceedings  where  he  fails  to  attend,  c.  212 

returns c.  155 

uniform  dockets  and  blanks     .     .     .  c.  155 

warran-ts c.  155 

when  to  pay  over  money c.  155 

witness  fees  to  be  paid c.  154 

TRIAL  LIST. 

criminal  in  superior  court    .    .    .     .  c.  214 

TRIALS. 

day  may  be  fixed  by  agreement  .     .  c.  167 

trial  justice  failing  to  attend     .    .     .  c.  212 

where  more  than  one  shire  town  .    .  c.  167 
See  Juvenile  Offenders. 

TROUT. 

protected c.  91 

TRUANTS. 

arrest c.  48 

TRUANT  SCHOOLS. 

union c.  48 


TRUST  COMPANIES. 

incorporation cc.  105,  118a 

personal  liability     ....      cc.  106,  118a 

business  regulated c.  118a 

taxation c.  13 

TRUSTEE  PROCESS. 

appearance  and  answers c.  183 

claimant,  proceedings  where    .     .     .  c.  183 

costs c.  183 

from  trial  justices,  when  returnable  .  c.  183 

return,  appearance  and  answer     .     .  c.  183 

relief  societies  exempt c.  183 

sailors'  wages  or  lay  exempt   .     .    .  c.  183 

TRUSTEES. 

confirmation  of  acts c.  142 

foreign,  must  appoint  agent     .     ,     .  c.  141 

for  what,  may  mortgage c.  141 

UNDERTAKERS. 

returns c.  32 

UNLAWFUL    SEXUAL    INTER- 
COURSE, 
inducing c.  207 

UNNATURAL  AND  LASCIVIOUS 
ACTS, 
punished c.  207 

UNITED  STATES. 

jurisdiction  of  land  ceded  to     .    .    .       c.  1 

USURY. 

on  small  loans c.  77 

VENUE. 

change  of c.  161 

in  equity  suits c.  161 

VESSELS  IN  FOREIGN  TRADE. 

taxation c.  11 

VETO. 

of  separate  items c.  28 

VINEGAR. 

adulteration  of c.  60 

inspection  of c.  60 

pay  of  inspectors c.  60 

VOLUNTARY  SOCIETIES. 

embezzlement c.  203 

VOTERS. 

persons  not  qualified,  punished    .    .       c.  7 

to  be  allowed  time  to  vote   ....       c.  7 

See  Registration ;  Election;  Registration 

OF  Voters. 
VOTING  LIST. 

See  Check  List. 
WARDS. 

new,  abolished c.  28 

new  division c.  28 

return  of  division c.  28 

return  of  inhabitants  and  voters  by,     c.  28 
See  Cities. 

WAREHOUSES. 

public c.  72 

non-negotiable  receipts c.  72 

sale  of  goods  for  charges    ....  c.  72 

WARRANTS. 

by  justices  of  the  peace c.  155 

to  officers  in  any  county c.  212 

See  Search  Warrants;  Towns. 

WATCHMEN. 

in  boarding  houses,  hotels,  etc.    .    .    c.  104 


Subjects  of  IN'ew  Legislation,  1889. 


1503 


WATER  SUPPLY. 

bathing  in  ponds  forbidden      ...  c.  80 

pollution  may  be  restrained     ...  c.  80 

powers  of  board  of  healtli  ....  c.  80 

supervision  of c.  80 

WAYS. 

guide  posts  required c.  53 

removal  of  trees  in c.  52 

See  Highways. 

WEAVING. 

fines  for  imperfect c.  74 

WEEKLY  PAYMENTS       ....     c.  74 

WEIGHERS. 

offish c.  56 

WEIGHTS  AND  MEASURES. 

for  cranberries c.  60 

for  coal c.  60 

of  beans,  cider  apples  and  peas     .     .     c.  60 
possession  of  unlawful,  punished.     .     c.  65 
WIFE. 

See  Married  Womax. 

WILD  DUCKS. 

protection  of c.  92 

WILD  FOWL. 

protection  of c.  92 

WILL. 

agreement  to  make,  mu^  be  in  writ- 
ing        c.  78 

expenses  of  proving c.  130 

failure  of  issue,  meaning     .    .     .     .  c.  126 
legacy  to  minor  deposited    .    .   cc.  136,  144 

probate,  how  far  conclusive     .    .    .  c.  130 

WITNESSES. 

attendance  before  special  tribunal    .  c.  169 

before  police  commissioners     .     .     .  c.  169 

binding  over c.  212 


WITNESSES—  Concluded. 

fees  at  inquests c.  26 

fees  for  summoning c.  199 

power  of  justices  to  summon   .    cc.  155,  169 

subpoenas  for     .    .    .■ c.  169 

WOMEN. 

assessment  of c.  6 

authorized  to  administer  oaths,  etc. .  c.  18 

arrest  and  detention c.  220 

employment  of c.  74 

femalephysician  for  lunatic  hospitals,  c.  87 

may  be  assistant  register  of  deeds     .  c.  24 

may  practise  law c.  159 

may  be  special  commissioner  ...  c.  18 

meal  times c.  48 

overseers  of  the  poor c.  27 

registration  Qf c.  6 

See   Employment;    Married   Woman;    Re- 
formatory Prison. 

WOODCOCK. 

protected c.  92 

WOODEN  FLUES. 

forbidden c.  104 

WORCESTER  COUNTY. 

divided  for  registry c.  24 

terms  of  supreme  court  in   .    •    .    .  c.  150 

WORKHOUSE. 

transfer  of  inmates c.  88 

trustees c.  88 


WRECKS. 

disposal  of c.  97 

removal  of c.  97 

WRITS. 

fac-simile  of  signature c.  161 

and  orders  issued  in  other  counties  .  c.  161 


INDEX. 


INDEX. 


A. 

Page 

Abington  Business  Club  Building-  Association,  incorporated     .        .      814 

A.  C.  Barnes  Wliip  Company,  name  changed  to  tiie  Massasoit  Wliip 

Company 873 

Academy  and  scliool  fund,  trustees  of  tlie  Sanderson,  acts  confirmed 

and  name  clianged 945 

Accident  insurance  companies,  may  insure  tlie  liability  of  employers 

for  injuries  received  by  their  employees        ....     1049 

Accounts  and  settlements  of  executors,  administrators  and  trustees, 

relating  to 1212 

Acts  and  resolves  of  the  general  court  from  the  adoption  of  the  con- 
stitution to  the  year  1806,  to  be  collated  and  published  by 
the  secretary  of  the  Commonwealth 1261 

Acushnet  river,  bridge  may  be  built  over  tide-waters  of,  between 

New  Bedford  and  Fairhaven 894 

Adams,  Florence  W.,  allowance  to 1259 

Adjutant-general,  to   furnish  testimonials  to  certain  soldiers  and 

sailors 1246 

Administration  of  estates  after  expiration  of  twenty  years  from  de- 
cease of  testator  or  intestate  may  be  granted        .        .        .      915 

Administrators,  accounts  and  settlements  of,  relating  to  .        .        .     1212 

Agent  for  care  of  property  acquired  for  enlargement  of  state  house 

to  be  appointed 1234 

Agent  resident  in  the  Commonwealth  to  be  appointed  by  non-resi- 
dent assignees  in  insolvency  .......     1007 

Agricultural  college,  Massachusetts,  trustees  of,  additional  copies 

of  report  to  be  printed 898 

annual  allowance  to,  for  four  years 1228 

payment  of  expenses  of  trustees 813 

designated  and  authorized  to  receive  grant  of  money  from  the 

United  States .863 

Agricultural  experiment  station,  allowance  for  new  building  at        .     1248 

Agricultural  and  Horticultural  Society,  Amesbury  and  Salisbury, 

may  hold  additional  estate 825 


1508 


Index. 


Agricultural  Society,  Brockton,  may  hold  additional  estate 
Aid,  militai-y,  for  soldiers  and  sailors  of  the  war  of  the  rebellion 
Aid,  state,  for  soldiers  and  sailors  of  the  war  of  the  rebellion  . 
Albert  Hopkins    White    Oaks   Chapel    Association,   incorporated; 

property  may  be  conveyed  to  Williams  college 
Allen  Gymnasium  Company,  may  hold  additional  estate    . 

AUerton  Building  Company,  incorporated 

Almshouse,  state,  at  Tewksbury,  allowance  for  additional  hospital 

accommodations  at 

Amendment,  proposed,  to  the  constitution,  prohibiting  the  manufac- 
ture and  sale  of  intoxicating  liquors,  to  be  voted  upon  by 

the  people 

prohibiting  the  manufacture  and  sale  of  intoxicating  liquors, 
day  of  voting  upon,  to  be  a  legal  public  holiday,  but  not  to 

affect  the  payment  of  notes,  etc 1240, 

relative  to  soldiers  and  sailors  exercising  the  right  of  fran- 
chise         

to  prevent  the  disfranchisement  of  voters  because  of  a  change 

of  residence 

regarding  disenfranchising  voters  as  a  punishment  for  crime, 
American  Bell  Telephone  Companj%  may  increase  its  capital- stock, 
American  Humane  Education  Society,  incorporated  . 
American  Linen  Company,  capital  stock  fixed  .... 
Amesbury  and  Salisbury  Agricultural  and  Horticultural  Society 

may  hold  additional  estate 

Amsden,  Minot,  eligible  to  receive  state  aid        .... 
Ancient  Order  of  Foresters,  Court  Unity  No.  7469,  of  Blackstoue, 

may  hold  real  and  personal  estate 

Andover,  town  of,  may  make  an  additional  water  loan 

Animals,  Massachusetts  Society  for  Prevention  of  Cruelty  to,  may 

hold  additional  real  and  personal  estate 
Apothecaries  and  druggists,  unless  registered  pharmacists,  not  to 

be  licensed  to  sell  intoxicating  liquors  .... 
Appeals  from  orders  passed  by  boards  of  health  concerning  offen- 
sive trades,  relating  to 

Appropriations  : 

Maintenance  of  Government,  — 
Legislative,  Executive,    Secretary's,    Treasurer's,  Auditor's, 
Attorney-General's,  Agricultural,  Educational,  Tax    Com- 
missioner's and  Military  Departments ;  miscellaneous 
Maintenance  of  Government,  additional, — 
Supreme  Judicial,    Superior,    and    Probate   and  Insolvency 
Courts,  and  District  Attorneys,  salaries        .... 
Maintenance  of  Government,  further  additional,  — 
Legislative,  Executive  and  Agricultural  Departments,  com- 
missioners, state  house,  miscellaneous,  incidental  and  con- 
tingent expenses,  expenses  resulting  from  the  war  of  the 
rebellion 


Page 
803 
981 
996 

1051 

822 
775 

1255 


1237 


1248 

1266 

1267 
1268 
1072 

873 
811 

825 
1257 

916 
1015 


974 
915 


777 


785 


804 


Index.  1509 

Page 
Appropriations  —  Concluded. 

deticiencies  in  current  expenses  at  the  Westborough  insane 

hospital  for  the  year  1888        .         .         .         .         .         .         .       775 

compensation  and  mileage  of  members  of  the  legislature,  for 
compensation  of  officers  thereof,  and  for  expenses  con- 
nected therewith 776 

printing  and  binding  public  documents,  purchase  of  paper, 
publishing  laws,  and  preparing  tables  and  indexes  relating 

to  the  statutes .       783 

certain  allowances  authorized  by  the  legislature,  and  for  cer- 
tain other  expenses  provided  for  by  law        ....       784 
compensation  and  mileage  of  officers  and  men  of  the  volunteer 

militia,  and  for  other  expenses  of  the  military  department,       789 

certain  educational  expenses 790 

salaries  and  expenses  at  the  Lyman  school  for  boys  at  West- 
borough  793 

salaries  and  expenses  at  the  state  industrial  school  for  girls  .       793 
salaries  and  expenses  at  the  state  primary  school  at  Monson,      793 
carrying  out  the  provisions  of  the  act  relating  to  the  employ- 
ment of  prisoners  in  the  prisons  of  the  Commonwealth        .       794 
deficiencies  in  appropriations  for  certain  expenses  authorized 

in  the  year  1888 796 

sundry  charitable  expenses        .......       797 

salaries  and  expenses  at  the  state  prison,  Massachusetts  re- 
formatory, the  reformatory  prison  for  women,  and  for  ex- 
penses connected  therewith 799 

investigations  into  the  best  methods  of  protecting  the  purity 

of  inland  waters 809 

salaries  and  expenses  at  the  state  almshouse  at  Tewksbury  .  812 
salaries  and  expenses  at  the  state  farm  at  Bridgewater  .  .  816 
compensation  and  expenses  of  the  joint  special  committee 

appointed  by  the  legislature  of  the  year  1888  .  .  .  819 
salaries  and  expenses  of  the  state  district  police  force  .  .  823 
expenses  authorized  in  the  year  1889  and  for  certain  other 

expenses  authorized  by  law  ....  831,911,1035,1217 
Commonwealth's  flats  improvement  fund  and  for  the  prison 

and  hospital  loan  sinking  fund 913 

Aqueduct  Company,  Williams,  franchise,  etc.,  may  be  taken  by  the 

Williamstown  Water  Company 910 

Arbitration,  state  board  of,  extra  copies  of  report  to  be  printed      .     1245 
Arbitration  and  compromise,  executors,  etc.,  may  settle  controver- 
sies by 972 

Art  Club,  Boston,  may  hold  additional  estate 875 

Ashfleld  Burial  Ground  Association,  incorporated;    town  of  Ash- 
field  may  convey  certain  existing  burying  grounds  to  .        .      962 

Ashland,  First  Parish  in,  name  established 901 

Ashton,  Elisha  V.,  trustees  under  will  of,  may  lease  real  estate 

in  Boston 1011 


1510 


Index. 


Assessment  and  registration  of  voters,  regulated 
Assessment  for  taxation  of  personal  property  leased  for  profit 
Assessors  iu  a  city  may  divide  any  ward  into  convenient  assess 

ment  districts  .        .         .     ' 

Assignees   in  insolvency,  non-resident,  to  appoint  an   agent  resi 

dent  in  the  Commonwealth 

Assistant  clerks  of  courts,  official  signatures  of 
Association,  Ahiagton  Business  Club  Building,  incorporated 

Albert  Hopkins  White  Oaks  Chapel,  incorporated  . 

Ashfleld  Burial  Ground,  incorporated 

Bourne  Cemetery,  incorporated         .... 

Evergreen  Cemetery,  relating  to       ...        . 

Lowell  Police  Relief,  incorporated    .... 

Marlborough  Building,  incorporated         .      ■  . 

New  Bedford  Real  Estate,  of  New  Bedford,  incorporated 

New  England  Shoe  and  Leather,  may  hold  additional  real  and 
personal  estate 

Newton  Real  Estate,  incorporated    . 

Oakland  Garden,  name  changed 

Old  Ladies'  Home,  charter  amended 

Pilgrim  Fathers'  Hall,  incorporated . 

Sagamore  Cemetery,  incorporated    . 
Associations,  property  of  certain,  exempted  from  taxation 
Attachments  of  real  estate,  to  be  recorded  in  registries  of  deeds 
Attachments,  bonds  given  to  dissolve,  for  relief  of  sureties  on,  in 
certain  cases   ....... 

Attendance  of  children  in  the  schools,  concerning 
Attorney-general  and  assistants,  salaries  established 
Auction  Board,  Real  Estate  Exchange  and,  incorporated 
Auditor  of  accounts,  salary  established 
Auditors  in  towns  to  be  elected  by  ballot   . 
Auditors,  may  be  appointed  by  probate  courts  . 
Avon,  town  of,  water  supply  for         .... 

Avon,  town  of,  portion  of  towns  of  Randolph  and  Holbx'ook  annexed 
to 


Page 

917 

1172 

865 

1007 
929 
814 

1051 
902 
989 

1050 
929 

1058 
800 

791 

887 

845 

838 

1050 

857 

1211 

1083 

1215 

1210 

1084 

890 

828 

914 

1007 

941 

9G5 


B. 

Balcolm,  Wallace  P.,  allowance  to 1242 

Baldwin  Place  Home  for  Little  Wanderers,  concerning    .        .        .  925 

Ballots,  printing,  distribution,  form,  preparation,  etc.,  of        .        .  1109 

Bank,  Savings,  Everett,  incorporated 820 

Bankrupt  law,  federal,  resolutions  relating  to  enactment  of  .  .  1273 
Banks,  co-operative,  to  make  annual  returns  to  the  commissioners 

of  savings  banks 893 

Banks,  co-operative  and  savings,  business  of,  not  to  be  carried  on 

unless  incorporated  under  laws  of  this  Commonwealth        .  1177 

Banks,  savings,  commissioners  of,  salary  of  second  clerk         .        .  833 


Index. 


1511 


Page 
Banks,  savings,  commissioners  of,  co-operative  banks  to  make  re- 
turns to 893 

Banks,  savings,  commissioners  of,  to  consist  of  three  members        .  1013 

Banks,  savings,  officers  prohibited  from  borrowing  money  from      .  894 

deposits  in,  relating  to       .......         .  838 

to  make  accurate  trial  balance  of  depositors' ledgers       •        .  839 

annual  meetings  and  meetings  of  trustees  of   ....  840 

treasurers  to  give  bonds,  etc.    .......  906 

may  invest  in  first  mortgage  bonds  of  certain  railroads  .        .  1004 
money  deposited  in,  by  order  of  court,  etc.,  final  distribu- 
tion of .         .      ■  .  1172 

Baptist  Society,  Charles  Street,  of  Boston,  may  dispose  of  prop- 
erty and  be  dissolved 1142 

Barnard  Memorial,  name  established 893 

Barnstable,  county  of,  supreme  judicial   court  for,  drawing  and 

summoning  jurors  in      ........  904 

Barnstable,  county  of,  flowage  of  land  in,  for  purposes  of  fish  culture,  1071 
Barr,  Henry,  trusts  created  bj^  will  of,  may  be  accepted  by  the 

Marine  Society  at  Salem 1093 

Batterman,  Mary  A.  S.,  eligible  to  receive  state  aid  ....  1234 

Beede,  James  K.,  allowance  to 1242 

Bell  Telephone  Company,  American,  may  increase  its  capital  stock  .  1072 

Berabe,  Thomas,  allowance  to 1249 

Berkley,  town  of,  proceedings  at  annual  meeting  ratified  .  .  1081 
Berkshire  county,  salary  of  treasurer  established  .  .  .  .821 
Bible   Society,   Female  Auxiliary,   may  transfer  property  to   the 

Massachusetts  Bible  Society,  and  thereupon  be  dissolved  .  842 

Births,  returns  of,  by  physicians  and  midwives          ....  990 

Births  and  deaths,  record  and  return  of,  in  relation  to      .        .        .  926 
Black  Rocks  and  Salisbury  Beach  Street  Railway  Company  may 
increase  capital  stock,  extend  location,  issue  bonds  and 

mortgage  property 828 

Blackstone,  town  of,  Woonsocket  Street  Railway  may  extend  its 

tracks  into 1032 

Blackstone,  Ancient  Order  of  Foresters,  Court  Unity  No.  7469,  of, 

may  hold  real  and  pei'sonal  estate 916 

Board  of  arbitration,  state,  extra  copies  of  report  to  be  printed  .  1245 
Board  of  education,  state,  to  investigate  the  sul)ject  of  technical 

instruction  in  schools 1263 

Board  of  gas  commissioners,  name  changed  to  board  of  gas  and 

electric  light  commissioners  .......  1063 

Board  of  health,  state,  extra  copies  of  report  on  water  supply  and 

sewerage  to  be  printed 1254 

salary  of  secretary  of 1061 

extra  copies  to  be  printed  of  report   on  sewerage   of  the 

Mystic  and  Charles  river  valleys 1235 

to  investigate  concerning  the  pollution  of  ponds  and  streams 

from  which  ice  is  cut  for  domestic  use         ....  1264 


1512  Index. 

Page 
Board  of  lunacy  and  charity,  state,  providing  for  certain  expenses  of,  1260 
Board  of  police  of  the  city  of  Boston,  may  emploj^  legal  assistance,  1131 
Board  of  police  of  the  city  of  Boston,  may  appoint  special  officers 

for  duty  on  election  days 1132 

Boarding-houses  for  infants  under  five  years  of  age  not  to  be  kept 

unless  licensed 1130 

Boards  of  health  may  be  authorized  by  towns  to  enforce  regula- 
tions concerning  house  drainage 859 

Boards  of  health,  appeals  from  orders  passed  by,  concerning  offen- 
sive trades 915 

Bonds  given  to  dissolve  attachments,  for  relief  of  sureties  on,  in 

certain  cases   ..........     1215 

Bosson,  George  C,  justice  of  the  peace,  acts  confirmed  .         .         .     1228 
Boston,  city  of,  inspection  and  construction  of  buildings  and  the 

preservation  of  health  in  buildings  in 1173 

buildings  in,  not  to  be  used  as  stables  unless   authorized  by 

the  board  of  health 839 

buildings  iu  the  public  parks  of 871 

commissioners  of  public  institutions  established  in        .         .       958 
harbor  master  and  assistants  to  be  appointed  from  the  police 

force 886 

relative  to  making  payments   and  incurring    liabilities    in 

advance  of  annual  appropriations 1012 

marine  park  in,  may  be  enlarged       ......     1153 

may  extend  its  improved  sewerage  system       ....     1013 

may  incur  indebtedness,  beyond  the  limit,  to  complete  the 

public  library  building 826 

may  pay  salary  of  George  F.  Goold,  late  harbor  master,  to 

his  widow 1016 

may  supply  Moon  island  and  Long  island  with  water      .        .       830 

may  take  laud  for  uses  of  city  hospital 1029 

may  take  land  for  uses  of  public  library  .....     1065 
municipal  court  for  civil  business,  salary  of  first  assistant 

clerk 810 

municipal  court  for  civil  business,  salary  of  second  assist- 
ant clerk 877 

municipal  court  for  civil  business,  third  assisant  clerk  to  be 

appointed 902 

municipal  court  of  the  Charlestown  district,  salary  of  justice,      935 
municipal  court  of  the  Charlestown  disti'ict,  clerical  assistance 

for  the  clerk 925 

municipal  court  of  the  Roxbury  district,  salary  of  justice      .       930 
municipal  court  of  the  Roxbury  district,  salary  of  assistant 

clerk 947 

municipal  court  of  the  Roxbury  district,  salary  of  constables 

established 904 

municipal  court  of  the  South  Boston  district,  salary  of  justice,      945 
municipal  court  of  the  West  Roxbury  district,  salary  of  clerk,      840 


Index.  1513 

Page 
Boston,  city  of,  persons  in  charge  of  steam  boilers  in  school  build- 
ings in,  placed  under  the  civil  service  rules  ....     1045 
board  of  police  may  employ  legal  assistance    ....     1131 
board  of  police  may  appoint  special  police  officers  in,  for 

duty  on  election  days 1132 

police  with  patrol  wagons  to  have  the  right  of  way  in  streets, 

etc 821 

registration  of  voters  and  appointment  of  assistant  registrars 

of  voters  in 1030 

school  committee  of,  powers  enlarged 994 

sewer  assessments  in 1204 

street  commissioners  may  lay  out,  etc.,  a  highway,  an  exten- 
sion of  West  Chester  Park  street,  to  connect   with  the 

Harvard  bridge 964 

street   commissioners   may  lay  out  an  extension  of  Oliver 
street,  and  of  Eastern  avenue  or  Congress  street  in-  South 

Boston 988 

Brighton  Avenue  Baptist  Society  in,"  cei'taiu  acts  confirmed  .       994 
Mount  Hope  Cemetery  in,  transfer  and  management  of,  pro- 
vided for 970 

Boston  harbor,  John  L.  and  Henry  K.  Potter  may  drive  piles  in       .       815 
Boston  Art  Club  may  hold  additional  real  and  personal  estate  .        .      875 
Boston  Children's  Friend  Society  may  hold  additional  real  and  per- 
sonal estate     ..........       794 

Boston  Pilots'  Relief  Society  may  hold  additional  estate  .        .        .      872 
Boston  Society  of  the  New  Jerusalem,  real  and  personal  estate  not 

to  exceed  $250,000  .........      867 

Boston   and  Albany   Railroad   Company  may  increase  its  capital 

stock 897 

Boston  and  Albany  Railroad  Company  may  purchase  fi'anchise,  etc., 

of  the  Spencer  Railroad 980 

Boston  and  Cambridge,  cities  of,  may  widen  West  Boston  bridge     .     1057- 
Boston  and  Lowell  and  Boston  and  Maine  railroads,  as  successors 
to  the  franchises,  etc.,  of  the  Mystic  River  Corporation, 
may  have  further  time  for  completion  of  works    .        .        .      800 
Boston  and  Revere  Electric  Street  Railway  Company,  name  estab- 
lished        1057 

Boston  Water  Trust  and  Investment  Company,  time  for  organiza- 
tion extended 9G5 

Boston,  Wiathrop  and  Shore  Railroad,  time  for  construction,  etc., 

extended 960 

Boucliard,  Charles,  allowance  to 1249 

Boundary  line,  between  Massachusetts  and  New  Hampshire,  erec- 
tion of  monuments  at 1263 

on  tide-water  between  Essex  and  Ipswich,  harbor  and  land 

commissionei's  to  define 1259 

on  tide-water  between  Gloucester  and  Ipswich,  harbor  and 
land  commissioners  to  define 1253 


1514  Index. 

Page 
Bourne,  town  of,  selectmen  may  sell  I'ight  to  take  alewives  in  Her- 
ring river  in     .........         .  923 

Bourne  Cemetery  Association,  incorporated       .....  989 

Bradford  Farmers'  and  Mechanics'  Institute,  incorporated        .        .  869 
Bridge,  over  Acushnet  river,  between  New  Bedford  and  Fairhaven, 

to  be  built  by  the  county  commissioners        ....  894 

across  Connecticut  river,  between  Holyoke  and  South  Had- 

ley,  to  be  rebuilt 923 

over  Connecticut  river,  between  Holyoke  and  Chicopee,  may 

be  built  by  the  commissioners  of  Hampden  county       .        .  104^2 
over  the  North  canal  of  the  Essex  Company  in  Lawrence,  city 

may  maintain  .         .         .         .         .         .         .         .         .         .841 

from  Powder  Point  to  Salter's  Beach  in  Duxbury    .         .         .  835 
West  Boston,  may  be  widened  by  cities  of  Boston  and  Cam- 
bridge         1057 

Bridge  Company,  Gurnet,  act  of  incorporation  amended   .        .        .  835 
Bridges  across  navigable  rivers  in  town  of  Fahnouth,  time  extended 

for  construction  of 1091 

Bridges  over  Charles  river,  passage  of  vessels  through  draws  of 

certain 959 

Bridgewater,  town  of,  allowance  to     ......        .  1248 

state  farm  at,  allowance  for  repairs  and  improvements  at       .  1254 

state  normal  school  at, allowance  for  repairs  on  boarding-house,  1257 

state  normal  school  at,  allowance  for  enlargement,  etc.  .         .  1257 

Brighton  Avenue  Baptist  Society  of  Boston,  certain  acts  confirmed,  994 

Bristol  county,  commissioners  of,  may  enlarge  accommodations  for 

the  courts  in  Taunton 968 

commissioners  of,  may  borrow  money  to  complete  the  court 

house  in  Fall  Kiver 970 

commissioners  of,  salaries  established 1034 

register  of  probate  and  insolvency  for,  clerical  assistance  for,  874 

judge  of  probate  and  insolvency  for,  salary  established  .        .  928 

treasurer  of,  salary  established          ......  793 

Bristol,  first  district  court  of,  salaries  of  justice  and  clerk         .        .  969 

second  district  court  of,  extra  clerical  assistance  for  clerk     .  823 

third  district  court  of ,  salary  of  clerk 811 

third  district  court  of,  salary  of  justice 819 

Brockton,  city  of,  limit  of  municipal  debt  in 905 

may  make  an  additional  drainage  loan 931 

maj^  incur  additional  indebtedness  for  purpose  of  building  a 

new  city  hall 934 

Brockton  Agricultural  Society  in,  may  hold  additional  estate,  803 

First  Parish  in,  name  established 867 

Brookline,  town  of,  may  lay  and  maintain  a  common  sewer  in  Bos- 
ton and  Newton 888 

Brookline,  town  of,  may  issue  bonds,  etc.,  for  construction  of  a 

public  park      ..........  913 

Brookline,  trustees  of  the  Washington  Street  Methodist  Episcopal 

Church  in,  title  to  land,  etc.,  confirmed         ....  1132 


Index. 


1515 


Brush  Hill  Water  Company,  may  consolidate  with  the  Milton  Water 

Company         ........ 

Building  Association,  Abington  Business  Club,  incorporated 

Building  Association,  Marlborough,  incorporated 

Building  Company,  Allerton,  in  Marblehead,  incorporated 

Building  Company,  National  Home,  incorporated 

Buildings  in  the  city  of  Boston,  inspection  and  construction  of,  and 

the  preservation  of  health  in  . 
Buildings,  Frothiughara,  incorporated        .... 
Bulletin  of  committee  hearings,  may  be  published 
Bureau  of  statistics  of  labor,  reports  to  be  electrotyped    . 
Bureau  of  statistics  of  labor,  allowance  for  furniture 
Burial  of  deceased  indigent  or  friendless  soldiers,  sailors  o 

rines  by  cities  and  towns        ..... 
Burial  Ground  Association,  Ashfield,  incorporated     . 
Burial  lots  and  contracts  in  relation  thereto,  records  of,  to  be  kept 

by  cemetery  corjiorations        ..... 
Burns,  Mar}%  eligible  to  receive  state  aid    .... 
Burroughs,  Catherine  B.,  eligible  to  receive  state  aid 
Byram,  Fi-ed.  B.,  justice  of  the  peace  to  issue  warrants  and  take 

bail,  acts  confirmed 


Page 

1074 
814 

1058 
775 
907 

1173 
002 

1226 
869 

1255 

1080 
962 

995 
1241 
1234 

1250 


C. 

Cambridge  and  Boston,  cities  of,  may  widen  West  Boston  bridge    .  1057 
Camp  ground,  state,  at  South  Framingham,  water  supply  for  .        .  1256 
Cape  Cod  Ship  Canal  Company,  provisions  aflectiug          .        .         .  1019 
Cemetery,  Mount  Hope,  in  the  city  of  Boston,  transfer  and  manage- 
ment of,  provided  for 970 

Cemetery,  Mount  Hope,  proprietors  of,  incorporated         .        .        .  971 

Cemetery  Association,  Bourne,  incorporated 989 

Evergreen,  relating  to 1050 

Sagamore,  incorporated 857 

Cemetery  corporations  to  keep  records  of  conveyances  of  burial  lots 

and  contracts  in  relation  thereto 995 

Centennial  celebration  of  the  inauguration  of  George  Washington  as 

president  of  the  United  States 1225 

Centre  Village  of  Leicester,  water  supply  for 937 

Chapel,  Warren  Street,  name  changed  to  Barnard  Memorial     .        .  893 

Change  of  names  .    - 1311 

Chareth,  John,  allowance  to 1249 

Charlemont,  town  of,  may  make  by-laws  to  regulate  use  of  ways 

and  bridges 1207 

Charlestown  district  of  the  city  of  Boston,  municipal  court  of, 

salary  of  justice 935 

Charlestown  district  of  the  city  of  Boston,  municipal  court  of,  cleri- 
cal assistajiec  for  the  clerk 925 


1516  Index. 

Page 
Charles  river,  draws  of  certain  bridges  over,  passage  of  vessels 

through 959 

Charles  river  and  Mystic  valleys,  system  of  sewage  disposal  for     .  1153 
Charles  Street  Baptist  Society,  of  Boston,  may  dispose  of  property, 

etc 1142 

Chicopee  and  Holyoke,  bridge  across  Connecticut  river  to  be  built 

between 1042 

Chief  examiner  of  the  civil  service  commission,  salary  established  .  1044 
Ciiildren,  attendance  of,  in  the  schools        .         .         .         .         .         .1210 

Children,  employment  of,  certificates  of  age,  etc 991 

Children,  infant,  for  better  protection  of 1006 

Children,  Hospital  Cottages  for,  in  Baldvvinsville  in  the  town  of  Tem- 

pleton,  allowance  to 936 

Children's  Friend  Society,  Boston,  may  hold  additional  estate .        .  794 

Choate,  Abby  P.,  allowance  to     .        .        -     , 1236 

Christian  Union  Church  of  Stoneham,  name  changed  to  First  Unita- 
rian Church  in  Stoneham 918 

Church,  Methodist  Episcopal,  Nantasket,  incorporated     .        .      821,  1063 
Church,  Baptist,  South  Abington,  name  changed  to  the  First  Bap- 
tist Church  of  Whitman          816 

Cities,  assessment  of  taxes  in,  relating  to 865 

registrars  of  voters  in,  appointment  of 827 

sale  of  intoxicating  liquors  on  days  of  special  elections  in      .  910 

Cities  of  Boston  and  Cambridge,  may  widen  West  Boston  bridge    .  1057 
Cities  and  towns,  clerks  of,  except  in  Suft'olk  county,  to  return  to 
clerk  of  the  courts  of  their  counties  the  names  of  constables 

appointed  and  qualified 1072 

may  incur  debts  for  temporary  loans  in  anticipation  of  the 

taxes 1062 

may  raise  money  for  militar}'  aid  to  soldiers  and  sailors         .  981 
may  regulate  or  prohibit  the  taking  of  eels  and  shell-flsh        .  1076 
to  cause  to  be  properlj'  interred  the  bodies  of  deceased  indi- 
gent or  friendless  soldiers,  etc.,  of  the  late  war    .        .        .  1080 
to  raise  money  to  aid  soldiers  and  sailors,  their  families  and 
widows    ...........  995 

may  contract  for  disposition  of  oflFal,  garbage,  etc.  .        .        .  1065 

City  clerks,  duties  of,  under  ballot  law 1109 

City  of  Boston,  buildings  in,  not  to  be  used  as  stables  unless  author- 
ized by  the  board  of  health 839- 

buildings  in  the  public  parks  of         .         .         .         .         .         .  871 

inspection  and  construction  of  buildings  and  the  preservation 

of  health  in  buildings  in 1173 

commissioners  of  public  institutions  established  in         .         .  958 
harbor  master  and  assistants  to  be  appointed  from  the  police 

force        ...........  886 

municipal  court  for  civil  business,  salary  of  first   assistant 

clerk 810 

municipal  court  for  civil  business,  salary  of  second  assistant 

clerk 877 


Index.  1517 

Page 
City  of  Boston,  municipal  court  for  civil  business,  third  assistant 

clerk  to  be  appointed 902 

municipal  court  of  the  CharlestowU  district  of,  clerical  assist- 
ance for  the  clerk    .........  925 

municipal  court  of  the  Charlestown  district  of,  salary  of  jus- 
tice    935 

municipal  court  of  the  Roxbury  district  of,  salary  of  consta- 
bles established 904 

municipal  court  of  the  Roxbury  district  of,  salary  of  justice  .  930 
municipal  court  of  the  Roxbury  district  of,  salary  of  assist- 
ant clerk 945 

municipal  court  of  the  South  Boston  district  of,  salary  of  jus- 
tice    947 

municipal  court  of  the  West  Roxbury  district  of,  salary  of 

clerk  established 840 

may  make  payments  and  incur  liabilities  in  advance  of  appro- 
priations . 1012 

may  extend  its  improved  sewerage  system       ....  1013 
may  incur  indebtedness,  beyond  the  limit,  to   complete  the 

public  library  building 826 

may  supply  Moon  island  and  Long  island  with  water      .         .  830 

may  take  land  for  the  uses  of  the  public  library       .        .        .  1065 

may  take  land  for  the  uses  of  the  city  hospital         .         .         .  1029 
persons  in  charge  of  boilers  in  school  buildings  in,  placed 

under  civil  service  rules 1045 

board  of  police  of,  may  employ  legal  assistance      .         .        .  1131 
police  with  patrol  wagons  to  have  the  right  of  way  in  streets 

in 821 

special  police  officers  for,  on  election  days       ....  1 132 
registration  of  voters,  and  appointment  of  assistant  registrars 

of  voters  in 1030 

school  committee  of,  powers  enlarged 994 

sewer  assessments  in 1204 

street  commissioners  may  lay  out,  etc.,  a  highway,  an  exten- 
sion of  West  Chester  Park  street,  to  connect  with  the  Har- 
vard bridge 964 

street  commissioners  may  lay  out  an  extension  of  Oliver 
street,  and  of  Eastern  avenue  or  Congress  street  in  South 

Boston 988 

may  pay  salary  of  George  F.  Goold  to  his  widow    .        .        .  1016 

Brighton  Avenue  Baptist  Society  iu,  certain  acts  confirmed  .  994 

marine  pai-k  in,  may  be  enlarged 1153 

Mount  Hope  Cemetery  in,  transfer  and  management  of,  pro- 
vided for 970 

City  of  Brockton,  limit  of  municipal  debt  in 905 

may  make  an  additional  drainage  loan 931 

may  incur  additional  indebtedness  for  building  a  new  city  hall,  934 

Brockton  Agricultural  Society  in,  may  hold  additional  estate,  803 

First  Pai-ish  iu,  name  established 867 


1518  Index. 

Page 
City  of  Fall  River,  may  lay  out  streets  through  the  Reed  or  Bright- 
man  and  the  Suell  burial  grounds 870 

court  house  in,  may  be  completed,  etc 970 

American  Linen  Company  of,  capital  stock  fixed     .         .        .  811 
City  of  Fitchburg,  may  issue  bonds,  etc.,  for  payment  of. general 

indebtedness    899 

City  of  Fitchburg,  may  issue  bonds,  etc.,  for  payment  of  water 

indebtedness    909 

City  of  Gloucester,  mayor  and  aldermen  of,  may  grant  licenses  for 

planting,  etc.,  clams       ........  824 

City  of  Gloucester,  boundary  line  to  be  defined          ....  1253 

City  of  Haverhill,  may  fill  and  grade  the  landing  near  Washington 

square 1019 

City  of  Haverhill,  the  September  term  of  the  superior  court  for  civil 
business  for  the  county  of  Essex,  to  be  held  by  adjourn- 
ment in 1207 

City  of  Lawrence,  may  establish  a  public  library        ....  1017 
may  maintain  bridge  over  the  North  canal  of  the  Essex  Com- 
pany           841 

the  September  term  of  the  superior  court  for  civil  business  for 

the  county  of  Essex  to  be  held  by  adjournment  in        .        .  1207 

City  of  Lowell,  lower  free  landing  in,  may  be  discontinued       .         .  857 

reserve  police  force  for 1171 

term  of  office  of  members  of  fire  department  in        .         .        .  941 
City  of  Lynn,  may  incur  indebtedness  beyond  the  fixed  limit  for 

building  drains  and  sewers 903 

City  of  Lynn,  may  take  land  for  a  parade  ground      .        .        ...  1064 

City  of  Maiden,  to  establish  a  grade  in 1004 

City  of  New  Bedford,  board  of  public  works  for,  established  .         .  899 

Dartmouth  Club  of,  incorporated 876 

Wamsutta  Club  of,  incorporated 876 

City  of  New  Bedford  and  town  of  Fairhaven,  bridge  between,  over 

Acushnet  river 894 

City  of  Newburyport,  may  discontinue  certain  common  landing- 
places      960 

City  of  Newburyport,  may  maintain  a  system  of  sewerage  and  sew- 
age disposal     ..........  938 

City  of  Newton,  additional  water  supply  for 1002 

police  court  of,  salary  of  clerk          ......  980 

the  September  term  of  the  superior  court  for  civil  business 

for  county  of  Essex,  at 1207 

jail  at,  may  be  enlarged 930 

City  of  Pittsfield,  incorporated 1093 

City  of  Quincy,  limit  of  municipal  indebtedness  of  .        .        .        .  965 

may  pay  certain  engineers  and  volunteer  firemen     .         .         .  844 
the  city  hospital  in,  incorporated;  name  changed     .         .       858,930 
City  of  Salem,  may  take  lands  in  South  river  for  laying  out  streets 

and  for  preservation  of  the  public  health      ....  1167 


Index.  1519 

Page 

City   of  Somerville,  may  establish   liigh  water   service   and  issue 

bonds 1045 

City  of  Springfield,  may  issue  additional  water  bonds;  may  supply 

town  of  Ludlow  with  water  .......     1059 

City    of   Taunton,   accommodations   for  the    courts    in,   may  be 

enlarged 968 

City  of  Waltham,  method  of  electing  aldermen  in  .  .  .  .  936 
City  of  Woburn,  city  clerk  and  city  treasurer  of,  doings  confirmed  .  1041 
City  of  Woburn,  election  officers  in,  appointment  of  .  .  .  935 
City  of  Worcester,  exempted  from  the  operation  of  1885,  312,  §  1, 

untilJau.  1,  1889 892 

City  of  Worcester,  additional  water  supply  for  ....       822 

Civil  service  of  the  Commonwealth  and  the  cities  thereof,  concerning,  909 
Oivil  service  commission,  chief  examiner  of,  salary  established  .  1044 
Civil  service  commission,  secretary  of,  salary  established  .  .  905 
Civil  service  rules,  persons  in  chai'ge  of  steam  boilers  in  school 

buildings  in  Boston  placed  under 1044 

Civil   service   rules,   soldiers   and  sailors   to   have  preference    in 

appointments  under        ........     1224 

Civil  government,  lists  of  national,  state,  district  and  county  offi- 
cers   1132 

Clerk  of  courts,  second  assistant,  for  the  county  of  Essex,  pro- 
vided for •   .        .        .     1171 

derk  of  the  courts,  second  assistant,  for  the  county  of  Middlesex, 

office  established     .........       792 

Clerk,  of  the  second  district  court  of  Bristol,  extra  clerical  assist- 
ance for 823 

of  the  third  district  court  of  Bristol,  salary  established         .       811 
of  the  first  district  court   of  Eastern   Middlesex,    clerical 

assistance  for 1011 

of  the    central   district   court   of  Worcester,  salary  estab- 
lished        836 

of  the  municipal  court  of  the  Charlestown  district  of  the 

city  of  Boston,  clerical  assistance  for 925 

of  the  municipal  court  of  the  West  Roxbury  district  of  the 

city  of  Boston,  salary  established 840 

first  assistant,  of  the  municipal  court  for  civil  business  of 

the  city  of  Boston,  salary  established 810 

second  assistant,  of  the  municipal  court  for  civil  business  of 

the  city  of  Boston,  salary  established  .  .  .  .  .  877 
of  the  police  court  of  Marlborough,  salary  established  .  .  795 
of  the  police  court  of  Newl)uryport,  salary  established  .  .  980 
of  the  police  court  of  Springfield,  sahiry  established  .  .  802 
fourth  assistant,  of  superior  court  for  civil  business  in  the 

county  of  Sufi"olk,  provided  for 816 

Clerks  of  the  courts,  term  fees  of,  abolished 1151 

Cferks  of  cities  and  towns,  to  return  to  the  clerk  of  the  courts  the 

names  of  constables  appointed  and  qualified        .        .        ,     1072 


1520  Index. 

Page 

Club,  Boston  Art,  may  hold  additional  estate 875 

Dartmouth,  of  New  Bedford,  incorporated      ....  876 

Lenox,  may  hold  additional  estate   ......  795 

Pentucket,  of  Haverhill,  incorporated 875 

Yorick,  of  Lowell,  incorporated 810 

Wamsutta,  of  New  Bedford,  incorporated       ....  876 
Cogswell,    William,  medical  examiner,   allowance  for   payment  of 

bills  incurred  by ■ .        .  1233 

Collection  of  taxes,  relating  to 1020 

College,  Harvard,  election  of  board  of  overseers  of          .        .        .  872 
College,  Harvard,  president  and  fellows  of,  power  to  hold  taxable 

real  estate  enlarged 856 

College,  Massachusetts  agricultural,  annual  allowance  to,  for  four 

years .  1228 

trustees  of,  payment  of  expenses  of 813 

trustees   of,  designated  and  authorized  to  receive  grant   of 

money  from  the  United  States 863 

trustees  of,  additional  copies  of  report  to  be  printed      .         .  898 

College,  Williams,  trustees  of,  certain  property  may  be  conveyed  to,  1051 

Commissioner  of  foreign  mortgage  corporations,  to  be  appointed     .  1140 
Commissioner,    insurance,    additional    number    of  reports    to    be 

printed- 809 

Commissioner,  insurance,  to  examine  subject  of  net  assets  of  mu- 
tual fire  insurance  companies 1251 

Commissioner  of  public  records  of  parishes,  towns  and  counties, 

printing  and  distribution  of  report  of 12-13 

Commissioners,  county,  term  fees  of  clerks  of,  abolished  .        .        .  1151 
to  appoint  suitable  persons  to  investigate  damages  done  by 

dogs  to  sheep,  fowls  or  other  domestic  animals    .         .        .  1197 
Bristol,  may  enlarge  accommodations  for  the  courts  in  Taun- 
ton    968 

Bristol,  may  borrow  money  to  complete  court  house  in  Fall 

River 970 

Bristol,  salaries  established 1034 

Essex,  may  enlarge  jail  at  Newburyport  .....  930 

Essex,  may  borrow  money  for  establishing  truant  schools      .  1084 

Hampden,  salaries  established 803 

Hampden,  may  lay  out  highway  and  bridge  across  Connecti- 
cut river  between  Holyoke  and  Chicopee       .        .        .        .  1042 
Hampden  and  Hampshire,   may   take  land,  and  may  rebuild 
bridge  over  Connecticut  river  between  Holyoke  and  South 

Hadley 923 

Middlesex,  salaries  established 1003 

Middlesex,  may  pay  salary  of  the  late  John  C.  Park  to  his 

widow 1057 

Plymouth,  may  pay  $600  to  James  Donoghue  .         .         .         .1081 
Commissioners  for  the  Dudley  tribe  of  Indians,  may  prosecute  in  the 

superior  court  certain  claims  against  the  Commonwealth    .  1170 


Index.  1521 


Commissioners,  gas,  board  of,  name  changed  to  board  of  gas  and 

electric  liglit  commissioners 1063 

Commissioners   on  grade  crossings,  extra  copies  of  report  to  be 

printed 1243 

Commissioners,  harbor  and  land,  to  define  boundary  line  on  tide- 
water between  Gloucester  and  Ipswich          ....     1253 
Commissioners  on  inland  fisheries,  may  lease  Tisbury  Great  pond    .     1048 
Commissioners,  Metropolitan  sewerage,  to  be  appointed  .        .         .     1153 
Commissioners  of  prisons,  majority  of,  to  approve  bills  contracted 
by  warden  of  state  prison  and  superintendents  of  reforma- 
tories before  payment 993 

maj'  take  land  for  the  reformatory  prison  for  women       .         .     1209 
to  investigate   the  various  methods  of  inflicting  the  death 

penalty 1262 

Commissioners  of  public  institutions,  in  the  city  of  Boston,  estab- 
lished         958 

Commissioners,  i^ilroad,  additional  copies  of  report  to  be  printed   .     1228 
Commissioners  of  savings  banks,  co-operative  banks  to  make  re- 
turns to   .         .         .     ' 893 

salary  of  second  clerk  of,  established 833 

to  consist  of  three  members 1013 

Commissioners,  state  house  construction,  to  be  appointed  .  .  1078 
Committee  hearings,  bulletin  of,  may  be  published  ....  1226 
Committees  of  the  legislature,  towns  may  employ  counsel  before  .  1066 
Common  carrier,  larceny  from  the  conveyance  of,  penalty  increased,  1206 
Commonwealth's  flats  at  South  Boston,  improvement  of  .  .  .  841 
Composition  with  creditors  in  insolvency,  relating  to        .        .        .     1090 

Congress,  list  of  members    .         .         . 1341 

Constitution,  amendment  to,  proposed,  prohibiting  the  manufacture 
and  sale  of  intoxicating  liquors,  to  be  voted  upon  by  the 

people 1237 

amendment  to,  proposed,  prohibiting  the  manufacture  and 
sale  of  intoxicating  liquors ;  day  of  voting  upon  to  be  a 
legal  public  holiday,  but  not  to  afl'ect  the  payment  of  notes, 

etc 1240,  1248 

amendment  to,  proposed,  relative  to  soldiers  and  sailors  exer- 
cising the  right  of  suS"rage     1266 

amendment   to,  proposed,  to  pi-event  the   disfranchisement 

of  voters  because  of  a  change  of  residence    ....     1267 
amendment  to,  proposed,  with  regard  to  disenfranchising 

voters  as  a  punishment  for  crime 1268 

Connecticut  river,  bridge  across,  between  Holyoke  and  Chicopee  .  1042 
Connecticut  river,  bridge  across,  between  Holyoke  and  South  Had- 

ley,  to  be  rebuilt 923 

Constables,  names  of,  to  be  returned  to  the  clerk  of  the  courts  by 

the  clerks  of  the  cities  and  towns,  except  in  Sufl'olk  county,  1072 
Convicts,  female,  relative  to  imposing  sentences  upon  .  .  .  864 
Coolidge,  Henrv  J.,  allowance  to 1244 


1522 


Index. 


Page 
Co-operative  banks,  to  make  annual  returns  to  commissioners  of 

savings  banks 893 

Co-operative  and  savings  banks,  business  of,  not  to  be  carried  on, 

unless  incorporated  under  the  laws  of  this  Commonwealth,  1177 
Corporations,  lists  of  stockholders  io,  to  be  filed,  upon  request,  etc., 
in  office  of  the  secretary  of  the  Commonwealth  before  an- 
nual meetings  are  held 932 

Corporations,  foreign  mortgage,  commissioner  of,  to  be  appointed,  1140 

Costs  in  cases  of  juvenile  offenders,  relating  to 1214 

Counsel  before  committees  of  the  legislature,  towns  may  employ     .  1066 

County  taxes,  granted 12-17 

County  tuxes,  relating  to  payment  of 961 

Court,  district,  Bristol,  first,  salaries  of  justice  and  clerk          .        .  969 

Bristol,  second,  extra  clerical  assistance  for  clerk  of      .        .  823 

Bristol,  third,  salary  of  clerk 811 

Bristol,  third,  salary  of  justice 819 

Eastern  Hampden,  salary  of  justice 871 

Hampshire,  weekly  sessions  at  Ware 868 

Eastern  Middlesex,  first,  clerical  assistance  for  clerk  of.         .  1011 
Eastern  Middlesex,  fourth,  town  of  Stoneham  within  juris- 
diction of 1007 

Northern  Middlesex,  first,  salary  of  justice      ....  918 

Southern  Middlesex,  first,  salar}^  of  justice      ....  792 

East  Norfolk,  salary  of  justice 970 

Plymouth,  third,  salary  of  clerk 874 

Plymouth,  fourth,  salary  of  justice 986 

Eastern  Worcester,  second,  salary  of  justice    ....  893 

Eastern  Worcester,  second,  salary  of  clerk      ....  930 

Worcester,  central,  salary  of  clerk    ......  836 

Court,  municipal,  for  civil  business,  of  the  city  of  Boston,  salary  of 

first  assistant  clerk 810 

salary  of  second  assistant  clerk 877 

third  assistant  clerk  to  be  appointed 902 

Court,  municipal,  of  the  Charlestown  district  of  the  city  of  Boston, 

clerical  assistance  for 925 

Court,  municipal,  of  the  Charlestown  district  of  the  city  of  Boston, 

salary  of  justice 935 

Court,  municipal,  of  tlie  Roxbury  district  of  the   city  of  Boston, 

salary  of  constables  established 904 

salary  of  justice 930 

salarj'  of  assistant  clerk    ........  945 

Court,  municipal,  of  the  South  Boston  district  of  the  city  of  Bos- 
ton, salary  of  justice 947 

Court,  municipal,  of  the  West  Roxbury  district  of  the  city  of  Bos- 
ton, salary  of  clerk 840 

Court,  police,  of  Fitchburg,  salary  of  justice 843 

Fitchburg,  salary  of  clerk 991 

Lowell,  as'sistant  clerk  for 889 


Index. 


1523 


Court,  police,  Marlborough,  salary  of  clerk         .... 

Newbnryport,  salary  of  clerk 

Springfield,  salary  of  clerk 

Court,  probate,  judge  of,  money  deposited  in  name  of,  final  distribu 
tion  of     .........        . 

Court,  superior,  order  of  trials  in  criminal  cases  in   . 

term  fees  of  clerks,  abolished 

for  the  county  of  Dukes  county,  time  of  sitting  of,  changed 
for  the  county  of  Essex,  terms  by  adjournment  at  Lawrence 

and  Haverhill 

for  the  county  of  Franklin,  time  of  sittings  of,  changed 
for  civil  business  for  the  county  of  Norfolk,  sittings  of  . 
for  civil  business  for  the  county  of  Suffolk,  official  stenogra 

pliers  of,  salaries  established 

civil  session,  for  the  county  of  Suffolk,  fourth  assistant  clerk 

for 

for  the  county  of  Sufiblk,  trial  list  of  civil  cases 
Court,  supreme  judicial,  in  equity,  may  authorize  executors  and  ad 
ministrators  with  the  will  annexed  to  adjust  certain  contro 
versies  by  arbitration  or  compromise    .... 
publication  of  decisions  of;  salary  of  reporter 

tei-m  fees  of  clerks  abolished 

for  the  county  of  Barnstable,  drawing  and  summoning  jnrors 

in 

Courts,  assistant  clerks  of,  oflScial  signatures  of        .        .         . 
Courts,  second  assistant  clerk  of,  for  county  of  Essex,  provided  for. 

Courts,  probate,  may  appoint  auditors 

in  the  county  of  Middlesex,  times  for  holding,  fixed 
in  the  county  of  Plymouth,  times  and  places  of  holding,        9i5 
Cows,  milch,  feeding  garbage,  offal,  etc  ,  to,  prohibited  under  penal- 
ties   

Creeks,  New  Mattakessett,  proprietors  of,  incorporated    . 

Criminal  cases,  order  of  trials  in 

Ci'iminal  insane,  support  of,  by  the  Commonwealth  . 

Crocker  Hall  at  state  normal  school  at  Framingham,  furniture  for 

Crossings,  grade,  to  promote  safety  at 

Curtesy,  tenant  by  the,  right  afi"ected 


Page 
795 

980 
802 

1172 
1150 
1151 

1006 

1207 

1016 

990 

lOU 

816 
1206 


972 
1215 
1151 

904 

929 

1171 

1007 

908 

,  974 

1015 
1026 
1150 

839 
1226 
1062 

940 


D. 

Dalton,  Antoinette  J.,  eligible  to  receive  state  aid     ....  1231 

Dalton,  First  Congregational  Parish  of,  deed  confirmed    .        .         .  991 
Damages  done  by  dogs  to  sheep,  lambs  and  other  domestic  animals, 

relative  to        .........        .  1195 

Dartmouth  Club,  of  New  Bedford,  incorporated         ....  876 

Davis,  Theodore  E.,  in  favor  of 1256 

Deaf  mutes  or  deaf  children,  free  instruction  of,  provided  for  .        .  934 

Deaf  mutes,  New  England  industrial  school  for,  in  favor  of     .        .  1244 


1524 


Index. 


Deaths  and  births,  record  and  return  of,  in  relation  to      .         .        . 
Deaths  of  soldiers  and  sailors  who  served  in  the  war  of  the  rebellion, 

certificates  for  registration    . 

Debigh,  Dominique,  allowance  to 

Debtor,  poor,  matters,  procedure  in 

Debtors,  insolvent,  for  relief  of 

Decisions  of  the  supreme  judicial  court,  publication  of;  salary  of 

reporter 1215, 

Dedham  public  library,  may  be  transferred  to  town  of  Dedham 
Deeds  or  other  writings  affecting  lands   lying  in  more  than  one 

county  or  registry  district,  recording  of  office  copies  of 
Dentistry,  board  of  registration  in,  extra  copies  of  report  to  be 

printed 

Deposits  for  fees  in  insolvency  cases,  disposition  of . 
Deposits  in  savings  banks,  relating  to  .  .  . 
Diocesan  Board  of  Missions  of  the  Protestant  Episcopal  Church  in 

Massachusetts,  incorporated  .... 
Dipsomaniacs  and   inebriates,  Massachusetts   hospital  for,  to  be 

established 

Disabled  soldiers'  employment  bureau,  allowance  to 
Discharge  of  inmates  of  the  state  industrial  and  reform  schools 
Dispensary,  homoeopathic  medical,  may  hold  additional  estate 
Distribution  of  the  laws  and  public  documents,  concerning 
District  attorney  of  the  middle  district,  salary  established 
District  attorney  for  the  county  of  Suflolk,  salary  of  clerk 
District  court  of  Bristol,  first,  salaries  of  justice  and  clerk 

Bristol,  second,  extra  clerical  assistance  for  clerk    . 

Bristol,  third,  salary  of  clerk 

Bristol,  third,  salary  of  justice 

Eastern  Hampden,  salary  of  justice  .... 

Hampshire,  weekly  sessions  in  the  town  of  Ware    . 

Eastei"n  Middlesex,  first,  clerical  assistance  for  clerk 

Eastern  Middlesex,  fourth,  town  of  Stoneham  within 
diction  of         .......         . 

Northern  Middlesex,  first,  salary  of  justice 

Southern  Middlesex,  first,  salary  of  justice 

East  Norfolk,  salary  of  justice 

Plymouth,  third,  salary  of  clerk        .... 

Plymouth,  fourth,  salary  of  justice  .... 

"Worcester,  central,  salary  of  clerk   .... 

Eastern  Worcester,  salary  of  justice 

Eastern  Worcester,  second,  salary  of  clerk 
District,  fire,  in  town  of  Hinsdale,  may  be  established 

North  Adams,  additional  water  supply  for 

North  Adams,  town  may  make  additional  water  loan  in  aid 
of 

may  be  established  in  town  of  Stockbridge 
Division  of  poll-tax  bills,  in  relation  to      ...        , 


Page 
926 


]uris 


934 
1249 
1127 
1131 

1217 

892 

1172 

1230 
1130 

838 

986 

1123 

1255 
868 
869 

1159 
962 
945 
969 
828 
811 
819 
871 
868 

1011 

1007 
918 
•792 
970 
874 
986 
836 
893 
930 
947 
877 

882 
1198 
1213 


Index.  1525 


Divorce  from  bond  of  matrimony  may  be  decreed  for  excessive  use 

of  opium  or  otlier  drugs 1172 

Documents  forwarded  to  members  of  the  general  court,  payment  of 

expressage,  etc.,  on 819 

Documents,  public,  printing  and  distribution  of        ...        .  1159 

Dogs,  damages  done  by,  to  slieep,  fowls,  etc.,  relative  to         .         .  1105 

Donoglme,  James,  money  paid  as  bondsman  may  be  refunded  .         .  1081 

Dower,  riglit  of,  affected      .........  940 

Drainage,  house,  towns  may  authorize  boards  of  health  to  enforce 

regulations  concerning 859 

Druggists  and  apothecaries,  unless  I'egistered  pharmacists,  not  to 

be  licensed  to  sell  intoxicating  liquors 974 

Drummey,  Patrick  M.,  granted  a  life  annuity 1244 

Dudley  tribe  of  Indians,  commissioners  for,  may  prosecute  in  the 

superior  court  certain  claims  against  the  Commonwealth  .  1170 
Dukes   county,  county  of,  time  of  sitting  of  superior  court  in, 

changed 1006 

Duxbury,  town  of,  bridge  from  Powder  point  to  Salter's  beach  in   .  835 

Dying  declarations  to  be  admitted  as  evidence  in  certain  cases         .  845 

E. 

Early  acts  and  resolves  of  the  general  court  to.  be  published  and 

distributed 1261 

East  Norfolk,  district  court  of,  salary  of  justice        ....  970 

Eastern  Hampden,  district  court  of,  salary  of  justice  .  .  .  871 
Eastern  Middlesex,  first  district  court  of,  clerical  assistance  for 

clerk 1011 

Eastern   Middlesex,  fourth  district  court   of,  town  of  Stoneham 

within  jurisdiction  of     ........  1007 

Eastern  Worcester,  second  district  court  of,  salary  of  justice  .        .  893 

Eastern  Worcester,  second  district  court  of,  salary  of  clerk  .  .  930 
Education,  state  board  of,  to  investigate  the  subject  of  technical 

instruction  in  schools 1263 

Education  Society,  American  Humane,  incorporated         .        .        .  873 

Eel  fisheries  in  Herring  river  and  tributaries  in  town  of  Wellfleet  .  906 
Eels  and  shell-fish,  taking  of,  may  be  regulated  or  prohibited  by 

cities  and  towns 1076 

Eldridge,  George,  member  elect  of  the  general  court,  allowance  to  .  1264 
Election  days,  holders  of  fourth  and  fifth  class  licenses  not  to  sell 

intoxicating  liquox's  on 1056 

Election  oftlcers,  additional,  to  be  appointed 1119 

Election  of  auditors  in  towns,  to  be  by  ballot 914 

Elections,  relating  to 1109 

Elections,  special,  in  cities,  sale  of  intoxicating  liquors  on  days  of.  910 

Electric  Exchange,  New  England,  incorporated  ....  1049 
Electric  Light  Company,  Marlborough  Schuyler,  name  changed  to 

the  Marlborough  Electric  Company 875 


1526 


Index. 


Page 
Electric  Street  Railway  Company,  Boston  and  Revere,  name  estab- 
lished         1057 

Emery,  Willis  T.,  and  others,  may  drive  piles  in  Charles  river  in 

Boston •      ...  904 

Employers'  liability  for  injuries  to  their  employees,  may  be  insured 

against 1049 

Employment  of  children,  certificates  of  age,  etc 991 

Employment  of  minors  who  cannot  read  or  write  in. the  English 

language 873 

Engineers  and  persons  in  charge  of  steam-boilers  in  school  build- 
ings in  Boston,  placed  under  civil  service  rules    .         .         .  1045 
Episcopal  Church  in  Massachusetts,  Protestant,  Diocesan  Board  of 

Missions  of,  incorporated 986 

Episcopal  Theological  School,  trustees  of  the,  charter  amended       .  809 
Essex  and  Ipswich,  towns  of,  boundary  line  on  tide-water  between, 

to  be  defined 1259 

Essex  county,  commissioners  may  enlarge  jail  at  Newburyport        .  930 
commissioners   may  borrow  money  for  establishing   truant 

schools 1084 

second  assistant  clerk  of  courts  for,  provided  for  .         .        .  1171 
superior  court  for,  the  September  term  for  civil  business' to 
be  held  at  Newburyport  and  by  adjournment  at  Lawrence 

and  Haverhill 1207 

treasurer  of,  clerical  assistance  for 1007 

Estate,  real,  proof  of  notice  of  sales  of 1009 

relating  to  ownership  of,  for  purposes  of  taxation  .        .  *       .  837 

of  a  deceased  wife  or  husbaud,  rights  of  husband  or.  wife  in  .  940 

Estates,  trust,  sales  and  mortgages  of 825 

Everett  Savings  Bank,  incorporated 826 

Evergreen  Cemetery  Association,  relating  to 1050 

Evidence,  dying  declarations  to  be  admitted  as,  in  certain  cases      .  845 

Exchange,  New  England  Electric,  incorporated         ....  1049 

Exchange,  Real  Estate,  and  Auction  Board,  incorporated         .        .  890 

Executive  department 1321 

Executors,  accounts  and  settlements  of,  relating  to  .         .         .         .  1212 

Executors,    and    administrators   with  the   will    annexed,    may   be 
authorized  by  supreme  judicial  court  silting  in  equity  to 

adjust  certain  controversies  by  arbitration  or  compromise,  972 
Executors,    administrators,    guardians,   etc.,   proof   of   notice    of 

appointment,  or  notice  of  sale  of  real  estate         .         .        .  1009 
Exemption  of  the  property  of  certain  associations  from  taxation     .  1211 
Experiment  station,  agricultural,  allowance  for  a  new  building  at   .  1248 
Expressman,  larceny  from  the  conveyance  of,  penalty  increased      .  1206 
Eye  and  ear  infirmary,  Massachusetts   charitable,  may  hold  addi- 
tional estate     ..........  836 

Eye  and  ear  infirmary,  Massachusetts  charitable,  allowance  to         .  1232 


Index.  1527 

F. 

Page 
Fairhaven,  town  of,  and  city  of  New  Bedford,  bridge  between,  over 

Aciislinet  river 894 

Fairliaven  Water  Company,  increase  of  capital  stock;  additional 

water  supply  ..........  1067 

Fall  River,  city  of,  may  lay  out  streets  through  the  Reed  or  Bright- 
man  and  the  Snell  burial  grounds 870 

court  house  in,  may  be  completed,  etc 970 

American  Linen  Company  of,  capital  stock  fixed     .        .        .  811 
Falmouth,   town   of,   time   extended   for  construction   of   certain 

bridges  in 1091 

Farmers'  and  Mechanics'  Institute,  Bradford,  incorporated      .        .  869 

Fees,  term,  of  the  clerks  of  the  courts,  abolished     ....  1151 

Fees  for  pilotage  of  vessels  in  and  out  of  Wood's  Holl  harbor        .  976 
Female  Auxiliary  Bible  Society  of  Boston  and  vicinity,  may  trans- 
fer property  to  Massachusetts  Bible  Society  and  thereupon 

be  dissolved .842 

Female  convicts,  relative  to  imposing  sentences  upon      .        .        ..  864 
Fire  department  of  the  city  of  Lowell,  term  of  office  of  members 

may  be  established  by  ordinance 941 

Fire  district,  may  be  established  in  the  town  of  Hinsdale         .        .  947 

may  be  established  in  town  of  Stockbridge      ....  1198 

North  Adams,  additional  water  supply  for       ....  877 
North  Adams,  town  may  make  additional  water  loan  in  aid 

of 882 

Fire  inquests,  relating  to 1175 

First  Baptist  Church  of  Whitman,  name  established        .        .        .  81(1 
First  Baptist  Society  in  Methuen,  certain  property  of,  exempted 

from  taxation 1004 

Fii'st  Congregational  Parish  of  Dalton,  deed  confirmed    .        .         .  991 

First  Congregational  Parish  in  Petersham,  may  sell  real  estate        .  898 

First  Parish  in  Ashland,  name  established 901 

First  Parish  in  North  Bridgewater,  name  changed  to  First  Parish 

in  Brockton     ..........  867 

First  Unitarian  Church  of  Stoneham,  name  established    .        .        .  918 

Fish  culture,  flovvage  of  land  in  Barnstable  county  for  purposes  of,  1071 

Fisheries,  alewife,  shad  and  smelt,  in  Randolph,  regulated       .         .  834 

Fisheries,  alewife,  in  Herring  river  in  town  of  Bourne,  concerning,  923 

Fisheries,  eel,  in  Herring  river  and  tributaries  in  town  of  Wellfleet,  906 

Fisheries  in  North  river  in  county  of  Plymouth,  regulated       .         .  992 
Fisk    Memorial    Methodist  Episcopal  Church   of    Natlck,    name 

•    established 867 

Fitchburg,  city  of,  may  issue  bonds,  etc.,  for  payment  of  general 

indebtedness 899 

city  of,  may  issue  bonds,  etc.,  for  payment  of  water  indebt- 
edness        909 

police  court  of,  salary  of  justice 843 


1528  Index. 

Page 

Fitchburg,  police  court  of,  salary  of  clerk 991 

Flanagan,  John,  eligible  to  receive  state  aid 1235 

Flats  of  the  Commonwealth  at  South  Boston,  improveriieut  of        .  841 
Flowage  of  land,  in  the  county  of  Barnstable,  for  purposes  of  fish 

culture 1071 

Foreign  carrying  trade,  relating  to 990 

Foreign  corporations  engaged  in  business  of  selling  or  negotiating 
bonds,  mortgages,  etc.,  under  supervision  of  a  commis- 
sioner     ...........  1140 

Foreign  vessels,  copies  of  registers  of,  to  be  filed  with  commis- 
sioner of  corporations;  provisions  of  1884,  330,  §§  1,  2,  to 

apply 1077 

Fourth  assistant  clerli  of  the  superior  court,  civil  session,  for  the 

county  of  Suflblk,  office  established 81G 

Fowls,  damages  done  l)y  dogs  to,  relative  to 1195 

Framiughara,  state  normal  school  at,  Crocker  Hall,  supplies  for      .  1226 
Framiugham,  state  normal  school  at,  allowance  for  new  building, 

etc 1264 

Frankhu  county,  superior  court  for,  time  of  sittings  of,  changed    .  1016 
Fi'anklin  Park  Land  and  Improvement  Company,  name  estaljlished,  845 
Free  beds  in  hospitals,  may  be  supported  by  manufacturing  cor- 
porations for  use  of  their  employees 968 

Free  instruction  of  deaf  mutes  or  deaf  children,  provided  for         .  934 
Free  public  libraries  and  reading  rooms  in  towns,  election,  powers 

and  duties  of  trustees 863 

Frothingham  Buildings,  incorporated         .        .        •        ...        •  902 

G. 

Gallop's  island  in  Boston  harbor,  jurisdiction  over  part  of,  ceded 

to  the  United  States 801 

Garbage  and  offal,  cities  and  towns  may  contract  for  disposition 

of     .      • .        .        .     1065 

Garbage  and  offal,  feeding  to  milch  cows  prohibited  under  penalty,     1015 

Gas  and  gas  meters,  inspection  of 902 

Gas  commissioners,  board  of,  name  changed  to  board  of  gas  and 

electric  light  commissioners 1063 

Gas   Company,  Newburyport,  name  changed  to  the  Newburyport 

Gas  and  Electric  Company 843 

Gas  Light  Company,  New  Bedford,  may  furnish  electricity  for  light 

and  power 993 

Geudeau,  Paschal,  allowance  to 1249 

Gettysburg  Battlefield    Memorial  Association,   allowance  to,    for 

erection  of  a  bronze  tablet     .......     1245 

Gloucester,  city  of,  mayor  and  aldermen   may  grant  licenses   for 

planting  and  cultivating  clams 824 

Gloucester  and  Ipswich,  boundary  line  on  tide-water  between,  to 

be  defined  by  the  harbor  and  laud  commissioners         .         .     1253 


Index.  1529 

Page 
Goodnow,  Mary,  town  of  Northborongh  may  erect  a  statue  to  tlie 

memory  of 928 

Goold,  George  F.,  late  harbor  master  of  Boston,  salary  maybe  paid 

to  widow  .        .        .         .        .        .        .         .        .        .101(3 

Governor,  address  to  the  legislature  .        .        .        .        .        .        .  1276 

Governor,  messages  to  the  legislature 1283,  1307 

Grade  crossings,  to  promote  safety  at 1062 

Grade  crossings,  commissioners  on,  extra  copies  of  report  to  be 

printed 12-13 

Grafton,  town  of,  may  issue  bonds  to  fund  existing  indebtedness    .  974 

Grafton  Water  Company,  real  estate,  capital  stock  and  bonds  .  lOli 
Grafton  and  Upton  Railroad  Company,  may  extend  its  line  and 

cross  certain  highways  ........  1003 

Gi'agg,  Maria,  eligible  to  receive  state  aid 1233 

Granite  Mills,  may  increase  capital  stock 830 

Greenfield,  town  of,  proceedings  at  annual  town  meeting  con- 
firmed        1019 

Guardians,  accounts  and  settlements  of,  concerning  .  .  .  1212 
may  be  appointed   for  minors  having  legacies  bequeathed  to 

them 910 

residing  out  of  or  removing  from  the  state,  to  appoint  a 

resident  agent  upon  whom  process  may  be  served        .        .  1208 

Gurnet  Bridge  Company,  act  of  incorporation  amended   .         .         .  835 

Gymnasium  Company,  Allen,  may  hold  additional  estate  '.        .        .  822 

H. 

Hadley,  town  of,  protection  against  encroachments  of  Connecti- 
cut river 1230 

Hampshire  county,   probate  records  of,   allowance  for  indexing, 

etc 9G9 

Hampden  county,  commissioners  of,  salaries  established  .  .  .  803 
commissioners  of,  may  lay  out  highway  and  bridge  across 

Connecticut  river  between  Holyoke  and  Chicopee        .        .  1042 

sheriff  of,  salary  established 810 

Hampshire,  district  court  of,  weekly  sessions  at  Ware      .         .        .  8GS 

Harbor,  Wood's  HoU,  fees  for  pilotage  in  and  out  of  .  .  .  976 
Harbor  master  and   assistants  for  the   harbor   of  Boston,   to   be 

appointed  from  the  police  force 880 

Harbor  and  land   commissioners   to  define  the  boundary  line  on 

tide-water  between  Gloucester  and  Ipswich          .        .        .  1253 
Harbor  and  land  commissioners  to  define  the  boundary  line  on  tide- 
water between  Essex  a^d  Ipswich 1259 

Harford,  James,  allowance  to 12'49 

Harfoi'd,  John,  allowance  to 1249 

Harrington,  Mary,  eligible  to  receive  state  aid 1254 

Hartford  and  Connecticut  Western  Railroad  Company,  may  extend 

its  road  into  this  Commonwealth 1072 


1530 


Index. 


Harvard  college,  president  and  fellows  of,  power  to  hold  taxable 
real  estate  enlarged 

Harvard  college,  election  of  board  of  overseers  of    . 

Haverhill,  city  of,  the  September  term  of  the  superior  conrt  for 
civil  business  for  the  county  of  Essex  to  be  held  by  adjourn- 
ment in    ..........         . 

Haverhill,  city  of,  may  fill  and  grade  the  lauding  near  Washington 
square . 

Haverhill,  Pentucket  Club  of,  incorporated         .        .        . 

Hawkers'  and  pedlers'  licenses,  issue  of,  to  soldiers  and  sailors 

Hayden,  Lewis,  in  favor  of  widow  of 

Health,  state  boai'd  of,  salary  of  secretary 

to  investigate  concerning  ice  supplies  for  domestic  use  . 
extra  copies  of  report  on  sewerage  of  Mystic  and    Charles 

river  valleys  to  be  printed      .... 
extra  copies  of  report  on  water  supply  and  sewerage  to  be 
printed 

Health,  boards  of,  appeals  from  orders  passed  b}',  concerning  offen 
sive  trades 

Health,  boards  of,  may  be  authorized  by  towns  to  enforce  regula^ 
tions  concerning  house  drainage   .... 

Health,  preservation  of,  in  buildings  in  the  city  of  Boston 

Herring  river,  in  town  of  Bourne,  alewife  fisheries  in 

Herring  river,  i&  town  of  Wellfleet,  eel  fisheries  in    . 

Hillman,  Samuel,  granted  an  annuity  for  five  years   . 

Hinsdale,  town  of,  a  fire  district  may  be  established  in 

Hinsdale,  town  of,  water  supply  for  inhabitants  of,  an 
district    

Hines,  Annie,  eligible  to  receive  state  aid  . 

Historian,  state  military  and  naval,  to  be  appointed. 

Holbrook,  town  of,  portion  of,  annexed  to  town  of  Avon 

Holyoke  Water  Power  Company,  may  increase  its  capital  stock 

Holyoke  and  Chicopee,  bridge  to  be  built  across  Connecticut  river 
between  ........ 

Holyoke  and  South  Hadley,  bridge  to  be  rebuilt  over  Connecticut 
river  between 


I  for  fire 


Home  for  Little   Wanderers,  Baldwin  Place,   concerning;    name 

changed  to  New  England  Home  for  Little  Wanderers 
Home  Association,  Old  Ladies',  charter  amended      .        .        .     . 
Home  Building  Company,  National,  incorporated      ... 
Home,  Soldiers',  in  Massachusetts,  trustees  of,  relating  to 

allowance  to  trustees  of,  for  mainteuance 

allowance  to  trustees  of,  for  erection  of  an  additional  build 

iiig 

Homoeopathic  medical  dispensary,  may  hold  additional  estate  . 
Hopland  school  district  in  the  town  of  Lee,  abolished 
Horses,  mutilation  of,  by  docking,  prohibited  under  penalty     . 
Hospital,  city,  in  Boston,  land  for  uses  of,  may  be  takeu  by  the  city, 


Page 

856 

872 


1207 

1019 
875 
120G 
1249 
1061 
1264 

1235 

1254 

915 

859 
1173 

923, 

906 
1237 

947 

954 

1231 

1063 

9G5 

829 

1042 

923 

925 

838 

907 

987 

1227 

1247 
869 
926 
973 

1029 


Index. 


1531 


Page 
Hospital,  citj%  iu  the  city  of  Quiiicy,  incorporated;  name  changed,  858,  930 
Hospital  Cottages  for  Children  in  Baldwinsville  in  the  town  of  Tem- 

pleton,  allowance  to 936 

Hospital  for  dipsomaniacs   and  inebriates,   Massachusetts,  to   be 

establislied 1123 

Hospital,  Taunton  lunatic,  trustees  may  sell  certain  real  estate        .  1034 
allowance  for  changes  and  improvements  at     .         .         .         .  12-11 
allowance  for  purchase  of  real  estate         .....  1258 
Hospital,  Westborough  insane,  allowances  to     .        .         .  125-1,  1255,  1263 
Hospitals,  free  beds  in,  may  be  supported  by  manufacturing  corpo- 
rations for  use  of  their  employees 968 

Hotel  Company,  United  States,  may  hold  corporate  property  not 

exceeding  one  million  dollars         ......  836 

House  drainage",  towns  may  authorize  boards  of  health  to  enforce 

regulations  concerning  ........  859 

Howe,  Moses  G.,  in  favor  of 1226 

Humane  Education  Society,  American,  incorporated         .        .        .  873 
Humane  Society  of  the  Commonwealth  of  Massachusetts,  for  pro- 
tection of  property  of -   .         .         .  1082 

Huntington,  Arthur  L.,  justice  of  the  peace,  acts  confirmed     .        .  1232 

Husband  or  wife,  deceased,  rights  of  wife  or  husband  in  real  estate  of  940 


I. 

Ice  supplies,  ponds,  etc.,  used  as,  subject  to  be  investigated  by  the 

state  board  of  health 126-t 

Improvement  Company,  Magnolia,  charter  amended  .  .  .  808 
Indians,  Dudley  tribe  of,  commissioners  for,  may  prosecute  in  the 

superior  court  certain  claims  against  the  Commonwealth    .  1170 

Industrial  school  to  be  established  at  the  Massachusetts  reformatory,  1260 

Industrial  school,  state,  discharge  of  inmates  from  ....  868 

Industrial  school  for  girls,  state,  allowance  for  rebuilding  barn        .  1251 

Industrial  School  Company,  Wakefield,  incoi'porated  .  .  .  865 
Inebriates  and    dipsomaniacs,  Massachusetts   hospital  for,    to   be 

established 1123 

Infants,  for  better  protection  of 1006 

Infants  under  five  years  of  age,  boarding  house  for,  not  to  be  kept 

unless  licensed  by  city  and  town  authorities         .        .        .  1130 

Inland  fisheries,  commissioners  on,  may  lease  Tisbury  Great  pond,  1048 

Inquests,  in  cases  of  fatal  accidents  on  street  railways      .        .        .  891 

Inquests,  fire,  relating  to     .        . 1175 

Insane,  criminal,  support  of,  by  the  Commonwealth ....  839 
Insane  hospital,  Westborough,  allowance  for  building  a  house  for 

the  dead 1263 

allowance  for  repairs          ........  1254 

allowance  for  current  expenses          ......  1255 

Insolvency,  non-resident  assignees  in,  to  appoint  an  agent  resident 

in  the  Commonwealth 1007 


1532 


Index. 


Page 
Insolvency,  composition  witli  creditors  in,  relative  to  .  .  ,  1090 
Insolvency  cases,  deposits  for  fees  in,  dispositiun  of         .        .        .     1130 

Insolvent  debtors,  for  relief  of 1131 

Inspection  of  gas  and  gas  meters,  in  relation  to  ....  902 
Inspection  and  construction  of  and  the  preservation  of  healtli  in 

buildings  in  the  city  of  Boston 1173 

Institute,  Bradford  Farmers'  and  Mechanics',  incorporated  .  .  8G9 
Instruction,  free,  of  deaf  mutes  or  deaf  children,  provided  for.  .  934 
Insurance   commissioner,    reports    of,    additional    number   to    be 

printed 809 

Insurance  commissioner,  to  examine  subject  of  net  assets,  etc.,  of 

mutual  fire  insurance  companies    ......     1251 

Insurance  companies,  accident,  may  insure  the  liability  of  employ- 
ers for  injuries  received  by  their  employees  .        .         .         .     1019 

Insurance  companies,  title,  may  examine  and  guarantee  titles  to  per- 
sonal property 1065 

International  Trust  Company,  may  increase  capital  stock  and  hold 

certain  real  estate 831 

Intestacy,  determination  of,  made  conclusive  in  certain  cases  .         .     1151 
Intoxicating  liquors,  amendment  proposed  to  the  constitution  pro- 
hibiting the  manufacture  and  sale  of,  as  a  beverage     .        .     1237 
Intoxicating  liquors,  sale  of,  to  minors,  recovery  of  damages  for     .     1075 

on  days  of  special  elections  in  cities 910 

violation  of  laws  concerning,  punishable  by  fine  and  imprison- 
ment                 865,  973 

licenses  for,  not  to  be  granted  to  druggists  and  apotliecaries 

who  are  not  registered  piiarmacists  .....  974 
licenses  may  be  transferred  from  one  location  to  another  in 

the  same  city  or  town  for  tlie  original  licensee  .  .  .  1040 
by  common  victuallers  on  certain  holidays  prohibited  .  .  1011 
by  holders  of  fourth  and  fifth  class  licenses  on  election  days, 

prohibited 105(5 

Ipswich,  town  of,  water  supply  for 1051 

Ipswich  and  Gloucester,  boundary  line  on  tide-water  between,  to  be 

defined 1253 

Ipswich  and   Essex,  boundary  line  on  tide-water  between,  to  be 

defined 1259 


J. 

Jackson,  William,  eligible  to  receive  state  aid    .        .        .        .        .  1229 

Jenkins,  Charles  D.,  allowance  to .  1228 

Johnson,  Mary  K.,  eligible  to  receive  state  aid 1233 

Johnstown,  Pennsylvania,  resolutions  of  sj'mpathy  to  suflerers  at    .  1274 

Jones,  Alexander,  allowance  to 1219 

Journal  of  the  senate  and  bouse  of  representatives,  printing  and 

distribution  of 888 

Judicial  department 1338 


Index.  1533 

Page 
Jurisdiction  ceclecl  to  the  United  States  over  part  of  Gallop's  island 

in  Boston  harbor     .         .         . 801 

Justice  of  the  peace,  George  C  Bosson,  acts  confirmed     .         .         .  1228 

Arthur  L.  Huntington,  acts  conflrined       .....  1232 

George  L.  Wentvvorth,  acts  confirmed 1227 

Justice  of  the  peace  to  issue  warrants  and  take  bail,  Fred  B.  Byrara, 

acts  confirmed 1250 

Juvenile  oflTenders,  costs  in  cases  of,  relating  to         ...        .  1214: 


Labie,  Francis,  allowance  to 1249 

Labor,  bureau  of  statistics  of,  reports  to  be  electrot3'ped  .         .         .  869 

Labor,  bureau  of  statistics  of,  allowance  for  furniture       .        .         .  1255 
Land,  flowage  of,  in  the  county  of  Barnstable,  for  the  purposes  of 

fish  culture 1071 

Lands  lying  in  more  than  one  county  or  registry  district,  recording 

of  office  copies  of  instruments  affecting  the  title  to      .        .  1172 

Lantz,  David  J.,  allowed  a  soldier's  bounty        .         .         .        .        .  1237 
Larceny  from  the  conveyance  of  a  common  carrier  or  expressman, 

penalty  for,  increased     .         .      , 1206 

Lawrence,  city  of,  may  maintain  a  bridge  over  the  North  canal  of 

the  Essex  Company  on  Union  street 841 

may  establish  a  public  library 1017 

the  September  term  of  the  superior  court  for  civil  business 

for  the  county  of  Essex  to  be  held  by  adjournment  at           .  1207 
Laws  of  the  Commonwealth,  ordinances  of  cities,  etc.,  relating  to 

proof  of 1073 

Laws,  publication  of,  further  and  speedier,  provided  for  .         .        .  928 

early,  of  the  general  court  to  be  published  and  distributed     .  12G1 

provincial,  publication  of 1264 

Laws  and  public  documents,  printing  and  distribution  of .        .        .  1159 

Leach,  Eveline  E  ,  eligible  to  receive  state  aid  .....  1231 

Leased  propei'ties,  taxation  of,  provided  for 1172 

Lee,  town  of,  Hopland  school  district  in,  abolished   ....  926 
Legacies  bequeathed  to  minors  who  have  no  legal  guardian,  dispo- 
sition of 910 

Legislature,  list  of  members  of 1322 

Leicester,  Centre  Village  of,  water  supply  for 937 

Lenox  Club,  of  Lenox,  may  hold  additional  estate     ....  795 
Lewis,  Augustus  A.,  eligible  to  receive  state  aid        ....  1235 
Liability  of  employers  for  injuries  to  their  employees,  may  be  in- 
sured against 1049 

Libraries,   free    public,   and    reading    rooms    in    towns,   election, 

powers  and  duties  of  trustees 863 

Library,  public,  in  Boston,  city  may  incur  indebtedness  beyond  the 

debt  limit  to  complete  building 826 

Library,  public,  in  Boston,  city  may  take  laud  for  uses  of        .        .  10G5 


1534 


Index. 


Page 

Library,  public,  Dedham,  may  be  transferred  to  town  of  Dedliara    .  892 

Librar}^  public,  city  of  Lawrence  may  establish         ....  1017 
Licenses  to  hawkers   and  pedlers,   to  be   issued  to  soldiers  and 

sailors 1206 

Licenses  to  sell  intoxicating  liquors,  not  to  be  granted  to  druggists 

and  apothecaries  who  are  not  registered  pharmacists  .        .  974 
may  be  transferred  from  one  location  to  another  in  the  same 

city  or  town  for  the  original  licensee 1040 

fourth  and  fifth  class,  additional  conditions  ....  1056 
Lincoln,  town  of,  may  take  additional  land  for  school  purposes  .  976 
Linen  Company,  American,  of  Fall  River,  capital  stock  fixed  .  .  811 
Liquor  laws,  violations  of,  punishable  by  fine  and  imprisonment,  865,  973 
Liquors,  intoxicating,  amendment  to  the  constitution  proposed,  pro- 
hibiting the  manufacture  and  sale  of,  as  a  beverage  .  .  1237 
Liquors,  intoxicating,  sale  of,  on  days  of  special  elections  in  cities,  910 
licenses  for,  not  to  be  granted  to  druggists  and  apothecaries 

who  are  not  registered  pharmacists 974 

,        licenses  for,  may  be  transferred  from  one  place  to  another  in 

the  same  city  or  town  for  the  original  licensee     .        .        .  1040 

by  common  victuallers  on  certain  holidays  prohibited     .        .  1041 
by  holders  of  fourth  and  fifth  class  licenses,  on  election  days, 

prohibited 1056 

to  minors,  recovery  of  damages  for 1075 

List,  trial,  of  criminal  cases  in  the  superior  court  ....  1150 
List,  trial,  of  civil  cases  in  the  superior  court  for  Sufl"olk  county  .  1206 
Loan  and  trust  companies,  safe  deposit,  investments  of  .  .  .  1035 
Lobsters,  protection,  preservation  and  propagation  of  .  .  .  860 
Locks  and  canals  on  Merrimack  river,  proprietors  of,  may  discon- 
tinue part  of  the  lower  free  landing  in  the  city  of  Lowell  .  857 
Long  island  in  Boston  harbor,  inhabitants  may  be  supplied  with 

water  by  the  city 830 

Lowell,  city  of,  lower  free  landing  in,  may  be  discontinued      .        .  857 

fire  department  in,  term  of  oBace  of  members   ....  941 

reserve  police  force  for 1171 

Lowell,  police  court  of,  assistant  clerk  to  be  appointed    .        .        .  889 

Lowell  Pohce  Relief  Association,  incorporated 929 

Lowell,  Yorick  Club  of,  incorporated 810 

Ludlow,  town  of,  water  supply  for 1059 

Ludlow  Manufacturing  Company,  may  supply  the  town  of  Ludlow 

with  water,  and  with  electricity,  etc 919 

Lunacy  and  charity,  state  board  of,  providing  for  certain  expenses 

of 1260 

Lunatic  hospital,  Taunton,  trustees  may  sell  certain  i"eal  estate       .  1034 

allowance  for  changes  and  improvements          ....  1241 

allowance  for  purchase  of  real  estate 1258 

Lyman  school  for  boys,  allowance  for  purchase  of  laud  and  for  re- 
pairs           1240 

Lyman  school  for  boys,  allowance  for  deficiencies  in  appropriations,  1242 


Index. 


1535 


Page 
Lynn,  city  of,  may  incur  Indebtedness,  beyond  the  legal  limit,  for 

building  drains  and  sewers 903 

Lynn,  city  of,  may  take  land  for  a  parade  ground      ....     1064: 


M. 

Madawaska  territory,  in  favor  of  certain  settlers  occupying  lands  in,  1249 

Magnolia  Improvement  Company,  cliarter  amended  ....  808 

Maiden,  city  of,  to  establish  a  grade  in 1004: 

Manual  for  the  general  court,  printing  and  distribution  of  additional 

copies  of 803 

Manufacturing  Company,  Ludlow,  may  supply  town  of  Ludlow  with 

water,  and  with  electricity,  etc 919 

Manufacturing  corporations,  may  support  free  beds  in  hospitals  for 

use  of  employees 968 

Map,  topographical,  of  Massachusetts,  allowance  for  printing  .        .  1251 

Marblehead,  town  of,  water  supplj^  for 820 

Marblehead,  town  of,  Allerton  Building  Company  in,  incorporated,  775 
Marine  Society  at  Salem,  may  accept  trusts  under  will  of  Henry 

Ban- 1093 

Marine  Park  in  South  Boston,  enlai-gement  authorized      .        .        .  1153 

Marlborough,  town  of,  may  make  an  additional  water  loan      .        .  835 

Marlborough,  police  court  of,  salary  of  clerk 795 

Marlborough  Building  Association,  of  Marlborough,  incorporated  .  1058 
Marlborough  Schuyler  Electric  Light  Company,  name  changed  to 

Marlborough  Electric  Company 875 

Married  women,  property  of 924 

Massachusetts  agricultural  college,  trustees  of,  personal  and  inci- 
dental expenses  to  be  paid 813 

trustees  of,  authorized  and  designated  to   receive  grant  of 

money  from  the  United  States 863 

trustees  of,  additional  copies  of  report  to  be  printed       .        .  898 

annual  allowance  to,  for  four  years 1228 

Massachusetts  charitable  eye  and  ear  Infirmary,  may  hold  additional 

estate 836 

Massachusetts  charitable  eye  and  ear  infirmary,  allowance  to  .  .  1232 
Massachusetts    hospital   for  dipsomaniacs    and   inebriates,   to  be 

established 1123 

Massachusetts  reformatory,  officers  of,  salaries,  etc.          .        .        .  1091 

allowance  for  new  boilers,  etc. 1253 

allowance  for  establishment  of  an  industrial  school,  etc.  .  1260 
Massachusetts  reformatory  and  reformatory  prison  for  women,  bills 

contracted  by  the  superintendents  of,  to  be  approved  by  the 

commissioners  before  payment 993 

Massachusetts   Society  for  the  Prevention  of  Cruelty  to  Animals 

may  hold  additional  estate 886 

Massachusetts  Unlversallst  Convention,  may  hold  money  In  trust  • 

under  will  of  George  Smith 1075 


1536 


Index. 


Massachusetts  voliiiiteers,  record  of,  declared  unofficial  . 
Massachusetts  and  New  Hampshire,  boundary  line  between 
Massasoit  Whip  Company,  name  established      .... 
Mattakessett  Creeks,  New,  proprietors  of,  incorporated  . 

McCabe,  Barnej',  allowance  to 

Medford,  town  of,  water  supply  for 

Medical  dispensary,  homoeopathic,  may  hold  additional  estate  . 

Membex's  of  congress,  list  of 

Methodist  Episcopal  Church,  Nantasket,  incorporated      .         .      821, 
Methodist  Episcopal  Church,  Washington  Street,  trustees  of,  title 

to  land,  etc.,  confirmed 

Methuen,  First  Baptist  Society  in,  certain  property  of,  exempted 

from  taxation 

Metropolitan  sewerage  commissioners,  to  be  appointed    . 

Michaud,  Louis,  allowance  to 

Middle  district,  district  attorney  of,  salary  established 
Midvvives,  to  make  return  of  births  monthly      .... 
Middlesex  county,  commissioners  of,  salaries  established 

commissioners  of,  may  pay  salary  of  the  late  John  C.  Park  to 

his  widow 

probate  and  insolvency  for,  salary  of  judge  established  . 
probate  courts  in,  times  for  holding,  fixed 
second  assistant  clerk  of  the  courts  for,  office  established 
treasurer  of,  allowance  for  clerical  assistance  . 
Milcli  cows,  feeding  of  garbage,  etc.,  to,  prohibited  under  penalties 
Military  aid  for  soldiers  and  sailors  of  the  war  of  the  rebellion 
Military  and  naval  historian,  state,  to  be  appointed  . 

Militia,  concerning 

Mills,  Granite,  may  inci'ease  capital  stock 

Milton  Water  Company,  charter  amended ;    may  consolidate  with 

the  Brush  Hill  Water  Company 

Minors,  sale  of  intoxicating  liquors  to,  recovery  of  damages  for 
relating  to  employment  of         ...... 

who    have    no    legal    guardian,     disposition     of     legacies 

bequeathed  to  ........ 

under  the  age  of  ten  years,  not  to  be  allowed  to  sell  news 

papers,  etc.,  in  street  cars      ...... 

Missions,  Diocesan  Board  of,  of  the  Protestant  Episcopal  Church 

in  Massachusetts,  incorporated 

Money  deposited  in  savings  bank,  etc.,  by  order  of  court,  etc.,  final 

distribution  of 

Monson,  state  primary  school  at,  allowance  for  repairs 

Moou  island  in  Boston  harbor,  inhabitants  may  be  supplied  with 

water  by  the  city ,     . 

Mordette,  Joseph,  eligible  to  receive  state  aid  .... 
Mortgage  corporations,  foreign,  commissioner  to  be  appointed 
Mount  Hope  Cemetery,  proprietors  of,  incorporated ;   transfer  and 

management  of 


73 


Page 

1252 

1263 

873 

1026 

1246 

922 

869 

1311 

1063 

1132 

1004 
1153 
1249 
962 
990 
1003 

1057 
962 
908 
792 
837 

1015 
981 

1063 

1054 
830 

1074 
1075 
,  991 

910 

935 

986 

1172 
1253 

830 
1251 
1140 

970 


Index. 


1537 


Page 

Mount  Washington,  town  of,  proceedings  at  town  meeting  confirmed,  992 

Mullen,  William,  allowance  to 1249 

Municipal  court  for  civil  business  of  the  city  of  Boston,  salary  of 

first  assistant  clerk 810 

salary  of  second  assistant  clerk         ......  877 

third  assistant  clerk  to  be  appointed 902 

Municipal  court  of  the  Charlestown  district  of  the  city  of  Boston, 

clerical  assistance  for  clerk  of 925 

Municipal  court  of  the  Charlestown  district  of  the  city  of  Boston, 

salary  of  justice 935 

Municipal  court  of  the  Eoxbury  district  of  the  city  of  Boston,  salary 

of  justice 930 

salary  of  constables  established         ......  904 

salary  of  assistaiit  clerk 945 

Municipal  court  of  the  West  Roxbury  district  of  the  city  of  Boston, 

salary  of  clerk  established      .......  840 

Municipal  court  of  the  South  Boston  district  of  the  city  of  Boston, 

salary  of  justice       . 947 

Murphy,  Eliza,  eligible  to  receive  state  aid 1259 

Mutilation  of  horses,  by  docking,  prohibited  under  penalty      .        .  973 

Mystic  River  Corporation,  relating  to 800 

Mystic  and  Charles  river  valleys,  sewerage  of,  extra  copies  of  report 

on,  to  be  printed     .........  1235 

Mj'stic  and  Chai'les  river  valleys,  system  of  sewage  disposal  for      .  1153 


Nagle,  Joseph,  eligible  to  receive  state  aid        ...... 

Names  changed 

Nantasket  Methodist  Episcopal  Church,  incorporated       .        .     821 
Natick,  Second  Methodist  Episcopal  Church  of,  name  changed  to 

the  Fisk  Memorial  Methodist  Episcopal  Church  of 
National  Home  Building  Company,  incorporated 
Naval  and  military  historian,  state,  to  be  appointed  . 
New  Bedford,  city  of,  and  town  of  Fairhaven,  bridge  across  Acush 

net  river  between 

board  of  public  works  for,  established     .... 

Dartmouth  Club  of,  incorporated 

Wamsutta  Club  of,  incorporated       ..... 
New  Bedford  Gaslight  Company,  may  furnish  electricity  for  light 

and  power 

New  Bedford  Ileal  Estate  Association,  incorporated 
New  England  Electric  Exchange,  incorporated  .... 
New  England  Home  for  Little  Wanderers,  name  established     . 
New  England  industrial  school  for  deaf  mutes,  allowance  to    . 
New  England  Shoe  and  Leather  Association,  may  hold  additional 

real  and  personal  estate 

New  Hampshire  and  Massachusetts,  boundary  line  between     . 
New  Jerusalem,  Boston  Society  of,  real  and  personal  estate  limited. 


1232 
1311 
10G3 

867 

907 

1063 

894 
899 
876 
876 


993 
800 

1049 
925 

1244 

791 
1263 

867 


1538 


Index. 


Page 

New  Mattakessett  Creeks,  proprietors  of,  incorpoi'ated     .        .        .  1026 
New  York  and  Boston  Inland  Railroad  Company,  powers  revived 

and  time  for  construction  extended 1139 

New  York  and  New  England  Railroad  Company,  certain  bonds  and 

mortgage  notes  issued  by,  taxable  as  real  estate   .        .        .  10-12 
New  York,  Providence  and  Boston  Railroad  Company,  may  take  a 
lease  of  the  I'oad  of  the  Providence  and  Worcester  Rail- 
road Company 1040 

Newburyport,  city  of,  may  maintain  a  system  of  sewerage  and  sew- 
age disposal 938 

may  discontinue  certain  common  landing  places      .        .        .  960 

police  court  of,  salary  of  clerk 980 

the  September  term  of  the  superior  court  for  civil  business 

for  the  county  of  Essex,  at 1207 

jail  at,  may  be  enlarged 930 

Newburyport  Gas  Company,  name  changed  to  Newburyport  Gas 

and  Electric  Company 843 

Newton,  city  of,  additional  water  supply  for 1002 

Newton  Real  Estate  Association  of  Newton,  incorporated        •         .  887 
Newton   Street  Railway  Company  may   extend   tracks    and    pui"- 

chase  the  Waltham  and  Newton  Street  Railway  .        .        .  812 

Nomination  of  candidates  for  office 1111 

Non-resident  assignees  in  insolvency  to  appoint  an  agent  resident 

in  the  Commonwealth     ........  1007 

Noonan,  Ann,  eligible  to  receive  state  aid 1216 

Norfolk  county,  superior  court  for  civil  l)usiness  in,  sittings  of       .  990 

Normal  school,  state,  at  Bridge  water,  allowance  for  enlargement,  etc. ,  1257 

JBridgewater,  allowance  for  repairs  on  boarding-house    .        .  1257 

Framingham,  allowance  for  new  building,  etc.         .        .         .  126-t 

Framiugham,  Crocker  Hall,  supplies  for 1226 

Salem,  repairs  and  improvements       ......  1212 

Westfleld,  new  school  building  to  be  erected  ....  1258 

Northampton  Street  Railway  Company  may  issue  bonds  and  mort- 
gage property           .........  802 

Northborough,  town  of,  may  raise  money  for  erecting  a  statue  to 

the  memory  of  Mary  Goodnow 928 

Northern  Middlesex,  first  district  court  of,  salary  of  justice     .        .  918 
North  Adams,  town  of,  may  make  an  additional  water  loan  in  aid 

of  the  North  Adams  flre  district   ......  882 

North  Adams  fire  district,  additional  water  supply  for      .         .        .  877 
North  Bridgewater,  First  Parish  in,  name  changed  to  First  Parish 

in  Brockton 867 

North  Brookfleld,  town  of,  water  supply  for 1133 

North  river  in  the  county  of  Plymouth,  fisheries  regulated       .         .  992 
Notice  of  appointment  and  of  sales  of  real  estate  by  executors, 

etc.,  proof  of 1009 

Nute,  Orasmus  and  Henry  O.,  may  drive  piles  in  Charles  river  in 

Boston     . 904 


Index.  1539 


O. 


Page 


Oakland  Garden  Association,  name  changed  to  Franklin  Park  Land 
and  Improvement  Company;  may  pnrchase  additional  es- 
tate   ^        .  845 

Ocean  steamers  crossing  the  Grand  Banks,  resolutions  relative  to 

an  international  convention  in  relation  to      ...        .  1273 

Ofl'al,  garbage,  etc.,  cities  and  towns  may  contract  for  disposition  of,  1065 

Oftal,  garbage,  etc.,  feeding  to  milch  cows  prohibited  under  penalty,  1015 
Offensive  trades,  appeals  from  orders  passed  by  boards  of  health 

concerning       ..........  915 

Official  signatures  of  assistant  clerks  of  courts,  relative  to        .        .  929 

Old  Colony  Railroad  Company,  may  increase  capital  stock         .        .  983 

Old  Colony  Railroad  Company,  provisions  affecting    ....  1018 

Old  Ladies'  Home  Association,  charter  amended         .         .         .         .  838 

O'Neill,  Micliael,  eligible  to  receive  state  aid 1227 

Onset  Street  Railway  Company,  may  maintain  a  single  track  across 

Onset  avenue  in  Wareham 1143 

Orcutt,  John  C,  eligible  to  receive  state  aid 1245 

Orcutt,  Rosauna,  eligible  to  receive  state  aid 1245 

Order  of  trials  in  criminal  cases,  concerning 1150 

P. 

Pardons  granted 1288 

Parish,  First,  in  Ashland,  name  established 901 

Parish,  First  Congregational,  in  Petersham,  relating  to  sale  of  lands 

belonging  to 898 

Parish,  Winter  Hill  Universalist,  of  Somerville,  name  changed  to 

the  Winter  Hill  Universalist  Church 1061 

Parishes,  towns  and  counties,  records  of,  to  be  preserved         .        .  1261 
Parishes,  towns  and  counties,  report  of  commissioners  on,  to  be 

printed  and  distributed 1243 

Park,  John  C,  salary  of,  may  be  paid  to  widow         ....  1057 

Park,  Marine,  in  the  city  of  Boston,  enlargement  authorized     .        .  1153 

Parlvs,  Jane,  granted  an  annuity  for  five  .years    .....  1242 
Parks,  public,  in  the  city  of  Boston,  certain  buildings  may  be  erected 

in 871 

Partition,  petitions  for,  relating  to 1214 

Pedlers'  licenses,  issue  of,  to  soldiers  and  sailors        ....  1206 

Pelletier,  Charles,  allowance  to 1249 

Pensions  to  every  honorably  discharged  union  soldier  and  sailor  who 
was  confined  in  rebel  prisons,  resolutions  requesting  con- 
gress to  pass  a  law  granting 1274 

Pentucket  Club,  of  Haverhill,  incorporated 875 

Perkins,  Augusta,  eligible  to  receive  state  aid     .....  1229 
Personal  property,  titles  to,  may  bo  examined  and  guaranteed  by 

title  insurance  oempanies 1065 


1540 


Index. 


Page 
Personal  property  leased  for  profit,  to  be  assessed  for  taxation  in 

place  where  situated 1172 

Petersham,  First  Congregational  Parish  in,  may  sell  real  estate         .  898 

Petitions  for  partition,  relating  to 1214 

Physicians  to  make  certain  certificates  of  deaths  of  soldiers   and 

sailors  who  served  in  the  war  of  the  rebellion      .        .        .  934 

Physicians  and  midwives  to  make  returns  of  births  monthly     .        .  990 

Pilgrim  Fathers'  Hall  Association,  incorporated         ....  1056 
Pilgrims,  national  monument  to,  town  of  Plymouth  may  raise  money 

for 917 

Pilotage,  fees  for,  in  and  out  of  Wood's  Holl  harbor          .        .        .  976 

Pilots'  Relief  Society,  Boston,  may  hold  additional  estate          .        .  872 

Pittsfield,  city  of,  incorporated 1093 

Pittstield-flre  district,  may  take  waters  of  Sacket  brook  for  addi- 
tional water  supply  for  town  of  Pittsfield     ....  891 
Plymouth,  town  of,  may  raise  money  for  celebration  of  completion 

of  the  national  monument  to  the  Pilgrims     .        .        •        .917 

district  court  of,  third,  salary  of  clerk      .        .        .        .        .  874 

district  court  of,  fourth,  salary  of  justice         ....  986 

Plymouth  and  Bourne  Railroad  Company,  incorporated     .        .        .  1018 

Plymouth  county,  commissioners  may  pay  $GO0  to  James  Donoghue,  1081 

probate  courts  in,  times  and  places  of  holding         •        .       945,  974 

salary  of  treasurer  established 969 

North  river  in,  fisheries  regulated 992 

Point  Shirley,  time  extended  to  the  Boston,  Winthrop  and   Shore 

Railroad  Company  to  complete  construction  of  road  to        .  960 
Police  of  the  city  of  Boston  with  patrol  wagons  and  ambulances  to 

have  right  of  way  in  the  streets 821 

Police,  board  of,  of  the  city  of  Boston,  may  employ  legal  assist- 
ance            1131 

Police,  board  of,  of  the  city  of  Boston,  may  appoint  special  officers 

for  duty  on  election  days 1132 

Police  court,  of  Fitchburg,  salary  of  justice 843 

Fitchburg,  salary  of  clerk 99 1 

Lowell,  assistant  clerk  to  be  appointed     .   ,     .        .        .        .  889 

Marlborough,  salary  of  clerk 795 

Newburyport,  salai'y  of  clerk 980 

Springfield,  salary  of  clerk .802 

Police  Relief  Association,  Lowell,  incorporated          ....  929 

Polls  and  estates,  established       ..,.,...  846 

Poll-tax  bills,  division  of 1213 

Pond,  Tisbury  Great,  ma}-  be  leased  by  the  commissioners  on  inland 

fisheries 1048 

Poor  debtor  matters,  procedure  in 1127 

Potter,  John  L.  and  Henry  K.,  may  drive  piles  in  Boston  harbor       .  815 

Potter,  William  B.,  allowance  to 1242 

Preparation  of  ballots 1120 

Primary  school,  state,  at  Monson,  allowance  for  repairs    .        .        .  1253 


Index.  1541 

Page 
Printing  and  distribution  of  the  laws  and  public  documents,  concern- 
ing    1159 

Prison,  state,  allowance  for  enlargement  of  yard  at,  etc.  .        .        .  1247 

allowance  for  furnishing  a  scliool  room    .....  1250 
bills  contracted  by  warden  of,  to  be  approved  by  a  majority 

of  the  commissioners  of  prisons  before  payment .        .        .  993 

officers  of,  salaries,  etc 1108 

Prison  for  women,  reformatory,  allowance  for  surveying  lands  at     .  1250 
Prison  for  women,  reformatory,  bills  contracted  by  superintendent 

to  be  approved  by  commissioners  of  prisons        .         .         .  993 
Prisons,  commissioners  of,  bills  contracted  by  warden  of  state  prison 
and  superintendents  of  reformatories  to  be   approved  by, 

before  payment       .        .         .       " 993 

may  take  land  for  the  reformatory  prison  for  women       .        .  1209 
to  investigate  the  various  methods  of  inflicting  the  death 

penalty 12G2 

Probate  court,  judge  of,  money  deposited  in  name  of,  final  distribu- 
tion of     ..........         .  1172 

Probate  courts  for  the  county  of  Middlesex,  times  for  holding,  fixed,  908 
Probate  courts  for  the  county  of  Plymouth,  times  and  places  of 

holding 945,  974 

Probate  courts,  may  appoint  auditors 1007 

Probate  of  a  will  or  a  determination  of  intestacy,  made  conclusive  in 

certain  cases 1151 

Probate  records  of  Hampshire  county,  allowance  for  indexing,  etc.,  969 
Probate  and  insolvency  for  the  county  of  Bristol,  judge  of,  salary 

established 928 

for  the  county  of  Middlesex,  judge  of,  salai-y  established        .  962 

for  the  county  of  Suff'olk,  register  of,  clerical  assistance  for  .  1131 
for  the  county  of  Worcester,  register  of,  additional  clerical 

assistance  for 927 

Process,  legal,  service  of,  upon  owners  of  foreign  vessels         .        .  1077 

Proof  of  statutes,  ordinances,  etc.,  relating  to 1073 

Proprietors  of  the  locks  and  canals  on  Merrimack  river  may  discon- 
tinue a  part  of  the  lower  free  landing  in  city  of  Lowell        .  857 
Proprietoi's  of  the  New  Mattakessett  Creeks,  incorporated        .         .  1026 
Protestant  Episcopal  Church  in  Massachusetts,  Diocesan  Board  of 

Missions  of,  incorporated 986 

Providence  and  Worcester  Eailroad    Company,  may  lease  its  rail- 
roads, etc.,  to  the  New  York,  Providence  and  Boston  Rail- 
road Company         .........  1040 

Provincetowu  harbor,  resolution  relative  to  protection  of  .        .        .  1270 

Provincetown,  town  of,  Avater  supply  for 977 

Provincial  laws,  publication  of,  in  relation  to 1264 

Proxy,  voting  by,  at  meetings  of  street  railway  corporations     .         .  927 
Proxy,  voting  bj-,  and  soliciting  proxj'  votes  by  ofiicers  of  corpora- 
tions, relative  to      ........         .  932 

Public  documents  and  laws,  printing  and  distribution  of    .        .        .  1159 


1542  Index. 

Page 
Public  institutions  in  tlie  citj^  of  Boston,  commissioners  of,  estab- 

lislied 958 

Public  libraries,  free,  and  reading  rooms  in  towns,  trustees  of,  elec- 
tion, powers  and  duties  of 863 

Public  library  in  Boston,  city  may  take  land  for  uses  of    .        .        .  1065 
Public  library  in  Boston,  city  may  incur  indebtedness  beyond  the 

debt  limit  to  complete  building 826 

Public  library,  Uedham,  may  be  transferred  to  the  town  of  Dedliam,  892 

Public  library,  city  of  Lawrence  may  establish 1017 

Public  records  of  parishes,  towns  and  counties,  report  of  commis- 
sioners on,  to  be  printed          .......  1243 

Public  records  of  parishes,  towns  and  counties,  to  be  presei'ved,  etc.,  12G1 
Pul)lication,  of  the  decisions  of  the  supreme  judicial  court ;  salary  of 

reporter  ...........  1215 

of  the  earlj'  acts  and  resolves 1261 

of  the  laws,  further  and  speedier,  provided  for        .        .        .  928 

of  the  provincial  laws 1264 

Q- 

Quhicy,  city  of,  limit  of  municipal  indebtedness  of     .         .         .         .  965 

may  pay  certain  engineers  and  volunteer  fli-emen      .        .        .  844 
the  city  hospital  in,  incorporated  ;  name  changed     .        .       858,  930 
Quiucy  Street  Eailway  Company,  may  lease  property  to  the  Quincy 

and  Boston  Street  Railway  Company,  etc 1009 

Quincy,  Washington  Street  Congregational  Society  in,  title  to  real 

estate  confirmed 1083 

R. 

Railroad    commissioners,  additional  number  of  reports  of,  to   be 

■      printed 1228 

Railroad  corporations,  annual  returns  of,  to  commissioners,  to  be 

made  on  or  before  first  Wednesday  of  September         .         .     1016 

to  make  quarterly  financial  statements  to  the  commissioners  .       946 

first  mortgage  bonds  of,  maybe  invested  in,  by  savings  banks,     1004 

Railroad  crossings  at  grade,  to  promote  safety  at       ...        .     1062 

Railroad  Cokporatioxs  : 

Boston  and  Albany,  may  increase  its  capital  stock   .        .        .       897 
Boston  and  Albany,   may  purchase  franchise,   etc.,   of  the 

Spencer  Railroad 980 

Boston  and  Maine  and  Boston  and  Lowell,  as  successors  to 
the  franchises  of  the  Mystic  River  Corporation,  may  have 

further  time  for  completion  of  works 800 

Boston,  Winthrop  and  Shore,  time  for  construction  and  com- 
pletion extended 960 

Grafton  and  Upton,  may  extend  line  and  cross  certain  high- 

wavs 1003 


Index. 


1543 


Page 
Railroad  Corporatioxs  —  Concluded. 

Hartford  and  Connecticut  Western,  may  extend  its  road  into 

this  state 1072 

New  York  and  Boston  Inland,  powers  revived  and  time  for 

construction  extended 1139 

New  York  and  New  England,  certain  bonds  and  mortgage 

notes  of,  taxable  as  real  estate 10-1:2 

New  York,  Providence  and  Boston,  may  take  lease  of  the 

Providence  and  Worcester  Railroad 10-10 

Old  Colony,  may  increase  capital  stock 033 

Old  Colony,  provisions  affecting 1018 

Plymouth  and  Bourne,  incorporated .        .....  1018 

Providence  and  Worcester,  may  lease  its  railroads,  etc.,  to  the 

New  York,  Providence  and  Boston  Railroad  Company         .  1010 
Spencer,  may  sell  franchise,  etc.,  to  the  Boston  and  Albany 

Railroad 980 

Railway  companies,  street,  voting  by  proxy  at  meetings  of        .         .  927 

Railway  companies,  street,  maj^  issue  mortgage  bonds        .         .         .  1010 
Railway  Company,  Street,  Black  Rocks  and  Salisbury  Beach,  may 

increase  capital  stock,  issue  bonds,  etc.          ....  828 
Newton,  may  extend  tracks  and  purchase  the  Waltham  and 

Newton  Street  Railway 812 

Northampton,  may  issue  bonds  and  mortgage  property   .         .  802 

Onset,  may  maintain  a  track  across  Onset  avenue  in  Wareham,  1143 
Quincy,  may  lease  property,  etc.,  to  the  Quincy  and  Boston 

Street  Railway  Company 1009 

Revere,  maj^  construct  and  maintain  part  of  its  railway  upon 

private  property 817 

Revere,  name  changed  to  Boston  and  Revere  Electric      .        .  1057 
Railways,  street,  inquests  in  cases  of  fatal  accidents  on     .        .         .891 

Randolph,  town  of,  may  regulate  certaiu  fisheries      ....  834 

Randolph,  town  of,  portion  of,  annexed  to  town  of  Avon          .         .  965 
Raynham,  town  of,  may  raise  money  for  celebration  of  anniversary 

of  settlement  of  Taunton 1077 

Reading,  town  of,  water  supply  for 1087 

Readville,  Union  Evangelical  Religious  Society  of,  declared  a  cor- 
poration ;  proceedings  ratified 866 

Real  estate,  of  a  deceased  wife  or  husband,  rights  of  the  husband  or 

wife  in 940 

proof  of  notice  of  sales  of 1009 

relating  to  ownership  of,  for  purposes  of  taxation  .        .         .  837 

recording  attachments  of,  in  registries  of  deeds        .        .        .  1083 

recording  office  copies  afFccting  titles  to,  etc 1172 

to  provide  for  determining  the  validity,  nature  or  extent  of 

certain  encumbrances  upon  titles  to 1168 

Real  Estate  Association,  Newton,  incorporated 887 

Real  Estate  Association,  New  Bedford,  of  New  Bedford,  incorpo- 
rated           800 


1544 


Index. 


Page 
Real  Estate  Exchange  and  Auction  Board,  incorporated     .        .        .       890 
Record  of  the  Massachusetts  vohinteers  declared  unofficial        .        .     1252 
Recording  of  attachments  of  real  estate  in  registries  of  deeds,  rela- 
tive to 1083 

Recording  of  office  copies  of  instruments  aflecting  the  title  of  lands 

lying  in  more  than  one  county  or  registry' district         .        .     1172 
Records   of  conveyances   of  burial  lots  and  contracts  in  relation 

thereto,  to  be  kept  by  cemeteiy  corporations        .         .         .       995 
Records,  public,  of  parishes,  towns  and  counties,  further  collection 

and  preservation  of,  provided  for 1261 

Records,  public,  of  parishes,  towns  and  counties,  report  of  commis- 
sioners on,  to  be  printed  and  distributed        ....     1243 

Reform  school,  discharge  of  inmates  from 868 

Reformatory,  Massachusetts,  allowance  for  new  boilers,  etc.    .        .     1253 

officers  of,  salaries,  etc 1091 

allowance  for  an  industrial  school,  etc.,  at  ....  1260 
Reformatory  prison  for  women,  allowance  for  surveying  lands  at  .  1250 
Reformatory  prison  for  women,  commissioners  of  prisons  may  take 

land  for 1209 

Reformatorj^  prison  for  women  and  Massachusetts  reformatory,  bills 
contracted  by  the  superintendents  of,  to  be  approved  by  a 
majority  of  commissioners  of  prisons  before  payment         .       993 
Register  of  probate  and  insolvency,  for  the  county  of  Bristol,  cler- 
ical assistance  for 874 

for  the  county  of  Suffolk,  clerical  assistance  in  office  of  .     1131 

for  the  county  of  Worcester,  additional  clerical  assistance  for,      927 
Registers  of  foreign  vessels,  copies  of,  to  l)e  filed  with  commis- 
sioner of  corporations;  provisions  of  1884,  330,  §§  1,  2,  to 

apply 1077 

Registrars  of  voters,  assistant,  in  city  of  Boston,  appointment  of  .     1030 

Registrars  of  voters  in  cities,  appointment  of 827 

Registration  and  assessment  of  voters,  regulated  ....  917 
Registration  of  births  and  deaths,  in  i-elation  to  ...  .  926 
Registration  of  births,  returns  by  physicians  and  mid  wives  .  .  990 
Registration  of  deaths  of  soldiers  and  sailors  who  served  in  the  war 

of  the  rebellion,  concerning 934 

Registration  in  dentistry,  l)oard  of,  extra  copies  of  report  of,  to  be 

printed 1230 

Registration  of  voters,  correction  of  tax  bills,  etc.,  relative  to         .     1085 
Registration  of  voters  in  the  citj'  of  Boston,  relating  to  .        .    1030,  1085 
Registries  of  deeds,  recording  attachments  of  real  estate  in     .        .     1083 
Registries  of  deeds,  recording  office  copies  of  instruments  affecting 
titles  to  lands  lying  in  more  than  one  county  or  registry  dis- 
trict   1172 

Relief  of  sureties  on  bonds  given  to  dissolve  attachments  in  certain 

cases         ...........     1215 

Relief  Association,  Lowell  Police,  incorporated         ....       929 

Religious  societies  (see  Societies). 


Index.  1545 

Page 

Kesolutions,  relative  to  the  protection  of  Proviucetowu  harbor  by 
the  construction  of  a  permanent  dike  across  the  western 

portion  thereof 1270 

relative  to  an  international  convention  in  relation  to  ocean 

steamers  crossing  the  Grand  Banks 1273 

requesting  Congress  to  pass  a  law  granting  pensions  to  every 
honorably  discharged  soldier  and  sailor  who  was  confined 
in  rebel  prisons        .         .         .         .         .         .         .         .         .1274 

tendering  sympathy  to   sufferers  by  the  recent  disaster  at 

Johnstown,  Pennsylvania 127-t 

relating  to  the  enactment  of  a  federal  bankrupt  law  •  .  1273 
Revere,  town  of,  proceedings  at  annual  meeting  confirmed  ,  .  975 
Eevere  Street  Railway  Corapanj%  may  construct  and  maintain  part 

,of  its  railway  upon  private  property 817 

Revere   Street  Railway  Company,   name   changed  to  Boston  and 

Revere  Electric  Street  Railway  Company  ....  1057 
Revere  Water  Company,  may  take  an  additional  water  supply  .  .  1068 
Richardson,  Edward  H.,  may  be  indemnified  by  the  town  of  Rowley 

for  damages  and  expenses 1012 

Robinson,  Sarah  J. ,  support  and  maintenance  of        ...        .     1253 
Roxbury  disti'ict  of  the  city  of  Boston,  municipal  court  of,  salary 

of  assistant  clerk 945 

Roxbiuy  district  of  the  city  of'  Boston,  municipal  court  of,  salary 

of  constables  established 904 

Rowley,  town  of,  may  indemnify  Edward  H.  Richardson  for  dam- 
ages, etc. 1012 

s. 

Safe  deposit,  loan  and  trust  companies,  investments  of     .        .        .  1085 

Sagamore  Cemetery  Association,  incorporated 857 

Sailors,  relative  to  persuading,  or  aiding,  not  to  proceed  on  the 

voyage  for  whicli  they  have  shipped 989 

Sailors  and  soldiers,  of  the  war  of  the  rebellion,  state  aid  for  .        .  996 

military  aid  for .        .981 

testimonials  to  be  furnished  to  .         .         .         .         .         .         .  1246 

deceased,  cities  and  towns  to  cause  bodies  to  be  properly 

interred 1080 

issue  of  pedlers'  licenses  to 1206 

to  have  preference  in  appointments  to  ofilce  under  the  civil 

service  rules 122-f 

Sailors  and  soldiers  and  their  families  and  widows,  to  be  supported 

by  cities  and  towns 995 

Salaries  : 

attorney-general  and  assistants 1084 

auditor  of  accounts 828 

chief  examiner  of  the  civil  service  commission         .        .        .  1044 

secretary  of  the  civil  service  commission  .        ,        .        .        .  905 


1546 


Index. 


Salaries  —  Continued. 

second  clerk  of  the  commissioners  of  savings  baulcs 

county  commissioners  of  Bristol  county   .... 

county  commissioners  of  Hampden  county 

county  commissioners  of  Middlesex  county 

district  attorney  for  the  middle  district     .... 

clerk  of  the  district  attorney  for  the  county  of  Suffolk    . 

justice  and  clerk  of  the  first  district  court  of  Bristol 

justice  of  the  third  district  court  of  Bristol 

clerk  of  the  third  district  court  of  Bristol 

justice  of  the  first  district  court  of  Northern  Middlesex  . 

justice  of  the  first  district  court  of  Southern  Middlesex  . 

justice  of  the  district  court  of  East  Norfolk 

justice  of  the  fourth  district  court  of  Plymouth 

clerk  of  the  third  district  court  of  Plymouth     . 

justice  of  the  second  district  court  of  Eastern  Worcester 

clei'k  of  the  second  district  court  of  Eastern  Worcester  . 

clerk  of  the  central  district  court  of  Worcester 

first  assistant  clerk  of  the  municipal  court  for  civil  business 

of  the  city  of  Boston 

second  assistant  clerk  of  the  municipal  court  for  civil  busi 

ness  of  the  cit}'  of  Boston 

justice  of  the  municipal  court  of  the  Charlestown  district  of 

the  city  of  Boston   .         •• 

constables  of  the  municipal  court  of  the  Eoxbury  district  of 

the  city  of  Boston 

justice  of  the  municipal  court  of  the  Roxbury  district  of  the 

city  of  Boston 

assistant  clerk  of  the  municipal  court  of  the  Roxbury  district 

of  the  city  of  Boston 

justice  of  the  municipal  court  of  the  South  Boston  district  of 

the  city  of  Boston 

clerk  of  the  municipal  court  of  the  West  Roxbury  disti'ict  of 

the  city  of  Boston 

justice  of  the  police  court  of  Fitchburg  .... 
clerk  of  the  police  court  of  Fitchburg  .... 
clerk  of  the  police  court  of  Marlborough  .... 
clerk  of  the  police  court  of  Newburyport .... 
clerk  of  the  police  court  of  Springfield  .... 
judge  of  probate  and  insolvency  for  the  county  of  Bristol 
judge  of  probate  and  insolvency  for  the  county  of  Middlesex 

sheriff  of  the  county  of  Hampden 

reporter  of  decisions  of  the  supreme  judicial  court  . 
secretary  of  the  state  board  of  health        .... 
official  stenographers  of  superior  court  for  civil  business  for 

Suffolk  county 

paying  teller  in  office  of  the  treasurer  of  the  Commonwealth 
treasurer  of  Berkshire  county '       . 


Page 

83S 
1034 
803 
1003 
962 
045 
OCO 
819 
811 
918 
792 
970 
986 
874 
893 
930 
836 

810 

877 

935 

904 

930 

945 

947 

840 
843 
991 
795 
980 
802 
928 
962 
810 
1217 
1061 

1014 

1042 

821 


Index. 


1547 


Page 
Salaries  —  Concliided. 

treasurer  of  Bristol  county 793 

treasurer  of  Plymouth  county 9G9 

Salary  of  John  C.  Park,  late  justice  of  police  court  of  Newton, 

may  be  paid  to  his  widow 1057 

Sale  of  intoxicating  liquors,  on  da3's  of  special  elections  in  cities      .  910 
violation  of  laws  concerning,  punishable  by  flue  and  imprison- 
ment                865,  973 

to  minors,  recovery  of  damages  for 1075 

licenses  for,  not  to  be  granted  to  druggists  and  apothecaries 

who  are  not  registered  pharmacists        .....  974 
licenses  for,  may  be  transferred  from  one  place  to  another  in 

the  same  city  or  town  for  the  original  licensee      .        .         .  10-10 
by  common  victuallers,  on  Labor  day  and  certain  other  holi- 
days, prohibited 1041 

by  holders  of  fourth  and  fifth  class  licenses,  on  election  days, 

prohibited 1056 

Sale  of  newspapers,  etc.,  on  street  cars,  by  minors  under  the  age  of 

ten  years,  prohibited        ........  935 

Salem,  city  of.  may  take  lands  in  South  river  for  laying  out  streets 

and  for  preservation  of  the  public  health       ....  1167 

Marine  Society  at,  may  accept  the  trusts  created  by  the  will  of 

Henry  Barr 1093 

state  normal  school  at,  allowance  for  repairs  and  improve- 
ments         12-42 

Sanderson  academy  and  school  fund,  in  the  town  of  Ashfield,  trustees 

of,  acts  confirmed ;  name  changed         .....  945 

Savings  Bank,  Everett,  incorporated 826 

Savings  banks,  deposits  in,  relating  to 838 

ofticers  prohibited  from  borrowing  money  from        .        .        .  894 

commissioners  of,  salary  of  second  clerk  established       .        .  833 

commissioners  of,  co-operative  banks  to  make  returns  to        .  893 

commissioners  of,  to  consist  of  three  members        .        .         .  1013 
Savings  banks  and  institutions  for  savings,  to  make  accurate  trial 

balance  of  depositors'  ledgers 839 

annual  meetings  and  meetings  of  trustees  of    .        .         .        .  ■  840 

treasurers  to  give  bonds,  etc.     .......  906 

may  invest  in  first  mortgage  bonds  of  certain  railroads   .        .  1004 
money  deposited  in,  by  order  of  court,  etc.,  final  distribution 

of 1172 

business  of,  not  to  be  carried  on  unless  incorpoi'ated  under 

laws  of  this  Commonwealth 1177 

School  buildings  in  Boston,  persons  in  charge  of  steam  boilers  in, 

to  be  placed  under  civil  service  rules 1045 

School  committee  of  the  city  of  Boston,  powers  enlarged          .        .  994 

School  district,  Ilopland,  in  the  town  of  Lee,  abolished    .         .        .  926 

School  for  deaf  mutes.  New  England  industrial,  allowance  to  .         .  1244 

Schools,  attendance  of  children  in,  concerning 1210 


1548 


Index. 


843 


Schools,  technical  iiLstruction  in,  subject  to  be  investigated  by  the 

state  board  of  education 

Scott,  Elizabeth,  eligible  to  receive  state  aid 

Seamen,  relative  to  persuading  or  aiding,  not  to  proceed  on  the  voy 

age  for  which  they  have  shipped  .... 
Second  assistant  clerk  of  the  courts  for  Middlesex  county,  office 

established 

Second  Methodist  Episcopal  Church  of  Natick,  name  changed 
Secretary  of  the  state  board  of  health,  salary  established  . 
Secretary  of  the  civil  service  commission,  salary  established 
Secretary  of  the  Commonwealth,  employment  of  clerks,  and  other 

assistance  in  the  department  of      .        .        .         . 
Security  Companj',  Water  Works,  of  Massachusetts,  incorporated 
Selectmen  of  towns,  to  appoint  superintendents  of  streets 
Sentences  upon  female  convicts,  relative  to  imposing 
Sergeant-at-arms,  to  pay  expressage,  etc.,  on  documents  forwarded 

to  members  of  the  general  court  .... 
Service  of  legal  process  upon  owners  of  foreign  vessels  . 
Sewage  disposal,   system  of,   for    the    Mystic  and    Charles  river 

valleys 

Sewer  assessments  in  the  city  of  Boston,  making  and  collectin 
Sewerage  commissioners,  Metropolitan,  appointment  of    . 
Sheep,  fowls,  etc.,  damages  done  to,  by  dogs,  relative  to  . 
Shell-fisli  and  eels,  taking  of,  may  be  regulated  or  prohibited  by 

cities  and  towns 

Sheriff  of  the  county  of  Hampden,  salary  established 
Ship  Canal  Company,  Cape  Cod,  provisions  affecting- 
Shoe  and  Leather  Association,  New  England,  may  hold  additional 

real  and  personal  estate 

Shurtleff,  William  S.,  allowance  to 

Signatures,  official,  of  assistant  clerks  of  courts,  relative  to 

Smith,  George,   Massachusetts  Universalist  Convention  may  hold 

money  in  trust  under  will  of 

Societies  : 

American  Humane  Education,  incorporated 
'    Amesbury  and  Salisbury  Agricultural  and  Horticultural,  may 

hold  additional  estate 

First  Parish  in  Ashland,  name  established 
Boston  Children's  Friend,  may  hold  additional  estate 
Boston,  of  the  New  Jerusalem,  may  hold  real  and  personal 
estate       ......... 

Boston  Pilots'  Relief,  may  hold  additional  estate 
Brighton  Avenue,  of  Boston,  certain  acts  confirmed 
Brockton  Agricultural,  may  hold  additional  estate   . 
Charles  Street  Baptist,  may  dispose  of  property  and  be  dis 

solved 

First  Baptist,  in  Methuen,  certain  property  of,  exempted 
from  taxation .    .    .    .    .  '  . 


Page 

1263 
1229 

989 

792 

867 

1061 

905 

845 

1148 

906 

864 

819 
1077 

1153 
1204 
1153 
1195 

1076 

810 

1019 

791 

1227 

929 

1075 

873 

825 
901 
794 


872 
994 
803 

1142 

1004 


Index.  1549 

Page 

Societies  —  Concluded. 

Hiimane,  of  the  Commonwealth  of  Massachusetts,  for  protec- 
tion of  propertjr  of 1082 

Nantasket  Methodist  Episcopal  Church,  incorporated  .  821,  1063 
Second  Methodist  Episcopal  Church  of  Natick,  name  changed 

to  the  risk  Memorial  Methodist  Episcopal  Church  of  Natick,      867 
Marine,  at  Salem,  may  accept  trusts  created  by  will  of  Henry 

Barr 1093 

Christian  Union  Church  of  Stoneham,  name  changed  to  First 
Unitarian  Church  in  Stoneham       .        .        .         .   ■     .        .       918 

for  Prevention  of  Cruelty  to   Animals,  Massachusetts,  may 
hold  additional  real  and  personal  estate         ....       886 

Union  Evangelical,  of  Readville,  declared  a  religious  corpora- 
tion, etc.  ...........       866 

Unionville  Evangelical,  name  changed  to  the  First  Parish  in 

Ashland 901 

Unitarian  Sunday  School,  may  hold  meetings  in  any  state,  etc.,  867 
Washington  Sti'eet  Congregational,  in   Quincy,  title  to  real 

estate  confirmed 1083 

Washington  Street  Methodist  Episcopal  Church  of  Brookliue, 

title  to  land,  etc.,  confirmed 1132 

Winter  Hill  Universalist  Parish  of  Somerville,  name  changed 

to  Winter  Hill  Universalist  Church 1061 

Soldiers"  Home  in  Massachusetts,  trustees  of  the,  charter  amended  .       987 

allowance  to  trustees  of 1227 

allowance  to  trustees  of,  for  erection  of  an  additional  building,     1247 

Soldiers'  messenger  corps,  allowance  for 1255 

Soldiers  and  sailors,  in  the  war  of  the  rebellion,  issue  of  pedlers' 

licenses  to 1206 

military  aid  to,  may  be  furnished  by  cities  and  towns  .  .  981 
their  families  and  widows  to  be  supported  by  cities  and  towns,  995 
to  have  preference  in  appointments  under  civil  service  rules  .     1224 

testimonials  to  be  furnished  to 1246 

state  aid  to 996 

deceased,  cities  and  towns  to  cause  bodies  to  be  properly 

interred 1080 

Somerville,   city  of,  may  establish  high  water  service  and  issue 

bonds 1045 

Somerville,  Winter  Hill  Universalist  Parish  of,  name  changed  to  the 

Winter  Hill  Universalist  Church 1061 

South  Abington  Baptist  Church,  name  changed  to  the  First  Baptist 

Church  of  Whitman 816 

South  Boston,  Commonwealth's  flats  at,  improvement  of  .        .        .       841 
South  Boston  district  of  the  city  of  Boston,  municipal  court  of, 

salary  of  justice       .........       947 

South  Framingham,  state  camp  ground  at,  water  supply  for      .  '      .     1256 
South  Hadley,  townof ,  may  take  portion  of  old  graveyard  for  school 

pui-poses 1050 


1550  Index. 

Page 
Soutli  Hadley,  town  of,  may  loan  money  to  fire  district  number  one 

of  said  town 1139 

Southern  Middlesex,  first  district  court  of,  salary  of  justice  estab- 
lished         792 

Special   commissioners,   women  appointed,   powers    enlarged    and 

defined 918 

Spencer  Railroad  Company,  may  sell  property  and  franchises  to  the 

Boston  and  Albany  Railroad  Company 980 

Springfield,  city  of,  may  issue  additional  water  bonds;  may  supply 

Ludlow  with  water 1059 

Springfield,  clerk  of  the  police  court  of,  salary  established        .        .       802 
Stables  in  the  city  of  Boston,  buildings  not  to  be  used  as,  unless 

authorized  by  the  board  of  health 839 

State  almshouse  at  Tewksbury,  allowance  for  additional  hospital 

accommodations  at 1255 

State  aid  to  soldiers  and  sailors  of  the  war  of  the  rebellion,  payment 

provided  for 996 

State  board  of  health,  to  investigate  concerning  pollution  of  ice 

supplies 1264 

salary  of  the  secretary  of 1061 

extra  copies  to  be  printed  of  report  on  sewerage  of  the  Mystic 

and  Charles  river  valleys 1235 

extra  copies  of  report  on  water  supply  and  sewerage  to  be 

printed 1254 

State  farm  at  Bridgewater,  allowance  for  repairs  and  improvements,     1254 

State  house,  allowance  for  repairs,  etc 1260 

State  house,  enlargement  of,  for  better  accommodations  for  depart- 
ments, etc.,  of  the  state  government;  treasurer  may  issue 

scrip 996 

agent  to  be  appointed  for  care  of  property  acquired  for  .         .     1234 
messages  of  the  governor  concerning        ....    1305,  1307 

plan  to  be  perfected  for 1236 

State  house  construction  commissioners,  to  be  appointed ;  $2,500,000 

loan  authorized 1078 

State  industrial  school  for  girls,  allowance  for  building  barn  at        .     1251 
State  industrial  and  reform  schools,  discharge  of  inmates  .        .      868 

State  primary  school  at  Monson,  allowance  for  repairs       .        .        .     1253 

State  prison,  officers  of,  salaries,  etc 1108 

allowance  for  furnishing  a  school  room 1250 

allowance  for  enlargement  of  yard,  etc 1247 

warden  of,  bills  contracted  by,  to  be  approved  by  a  majority 
of  the  commissioners  of  prisons  before  payment  .        .        .      993 

State  tax  of  $2,000,000 1178 

Statistics  of  labor,  bureau  of,  reports  to  be  electrotyped  .        .        .      869 
Statutes  of  the  Commonwealth,  ordinances  of  a  citj-,  etc.,  relating  to 

proof  of 1073 

Stenographers,  official,  of  superior  court  for  civil  business  for  county 

of  Suffolk,  salaries  established 1014 


Index.  1551 

Page 

Stockbridge,  town  of,  Are  district  maj' be  established  iu    .        .        .  1198 

Stockbridge  Water  Company,  may  furuisli  additional  water  supply  .  1143 

Stockholders  In  corporations,  lists  of,  to  be  filed,  upon  the  request 

of  a  stockholder,  in  office  of  secretary  of  the  Commonwealth 

before  annual  meetings  are  held      ......  932 

Stoneham,  town  of,  part  of,  annexed  to  Wakefield    ....  861 

Stoneham,  town  of,  included  within  the  jurisdiction  of  the  fourth 

district  court  of  Eastern  Middlesex 1007 

Stoneham,  Christian  Union  Church  of,  name  changed  to  First  Uni- 
tarian Church  of 918 

Street  commissioners  of  the  city  of  Boston,  maj'  extend  certain 

streets,  etc 964 

Streets,  superintendent  of,  to  be  appointed  by  selectmen  of  towns,  843,  906 

Sti'eet  I'aihvay  companies,  may  issue  mortgage  bonds         .        .        .  1010 

Street  railway  companies,  voting  by  proxy  at  meetings  of          .         .  927 
Street  railway  corporations,  not  to  allow  minors  under  ten  years  of 

age  to  sell  newspapers,  etc.,  on  street  cars    ....  935 

Street  railways,  inquests  in  cashes  of  fatal  accidents  on      .         .        .  891 
Street  Railwaj^  Company,  Black  Rocks  and  Salisburj^  Beach,  may 

increase  capital  stock,  issue  bonds,  etc.         ....  828 
Newton,  may  extend  traciis  and  purchase  the  Waltham  and 

Newton  Street  Railway 813 

Northampton,  may  issue  bonds  and  may  mortgage  property    .  802 

Onset,  may  maintain  a  track  across  Onset  avenue  in  Wareham,  1143 

Quiucy,  may  lease  propertj',  etc.,  to  Quincj'  and  Boston,  etc.  .  1009 
Revere,  may  construct  and  maintain  part  of  its  railway  upon 

private  property 817 

Revere,  name   changed  to  the   Boston  and  Revere    Electric 

Street  Railway  Company 1057 

Woonsocket,  may  extend  its  tracks  into  the  town  of  Black- 
stone 1032 

Snftolk  county,  district  attorney  for,  salary  of  clerk  ....  945 
register  of  probate  and  insolvency  in,  clei'ical  assistance  in 

office  of 1131 

superior  court  for,  daily  trial  list  of  civil  cases  in     .         .         .  1206 
Suffolk  Trust  and  Investment  Company,  name  changed  to  Suffolk 

Trust  Company 1092 

Sunday  School  Society,  Unitarian,  may  hold  its   meetings  in   any 

state 867 

Superintendent  of  streets  iu  t(Avns,  to  be  appointed  bj'  selectmen,  843,  906 

Superior  court,  order  of  trials  of  criminal  cases  iu     .        .        .        .  1150 

term  fees  of  clerks,  abolished 1151 

in  county  of  Dukes  county,  time  of  sitting  of,  changed  .        .  1006 
for  county  of  Essex,  the  September  term  for  civil  business  to 
be  held  at  Newbui'yport,  and  by  adjournment  at  Lawrence 

and  Haverhill 1207 

for  county  of  Franklin,  time  of  sittings  of,  changed        .        .1016 

for  civil  business  for  the  county  of  Norfolk,  sittings  of  .        .  990 


1552  Index. 

Page 
Superior  court,  civil  session,  for  the  couuty  of  Sufl'olk,  fourth  assist- 
ant clerk  of 816 

civil  business  for  the  county  of  Suilblk,  salaries  of  official 

stenographers 1014 

for  couuty  of  Suffolk,  trial  list  of  civil  cases  in         .         .         .     1206 
Supreme  judicial  court,  in  equity,  may  authorize  executors  and  ad- 
ministrators with  the  will  annexed  to  adjust  certain  contro- 
versies bj'^  arbitration  or  compromise     .        .        .        .        .972 
publication  of  the  decisions  of ;  salary  of  reporter  . 

term  fees  of  clerks  abolished 

for  the  county  of  Barnstable,  drawing  and  summoning  jurors 

in 

Sureties  on  bonds  given  to  dissolve  attachments,  for  relief  of,  in  cer- 
tain cases 121 


1215 
1151 


904 


T. 

Table  showing  what  general  statutes  of  the  Commonwealth  and  what 
chapters  of  the  public  statutes  have  been  affected  bj'  subse- 
quent legislation      .........  1345 

Taunton ,  city  of,  accommodations  may  be  enlarged  for  the  courts 

in 968 

Taunton  lunatic  hospital,  allowance  for  changes  and  improvements     .  1241 

allowance  for  purchase  of  real  estate 1258 

trustees  of,  may  sell  certain  real  estate     .....  1034 

Tax  bills,  correction  of ;  duties  of  registrars  of  voters      .        .        .  1085 

Tax  bills,  poll,  division  of 1213 

Tax,  state,  of  $2,000,000 1178 

Taxable  as  real  estate,  certain  bonds  and  mortgage  notes  issued  by 

the  New  York  and  New  England  Railroad  Company     ,        .  1042 

Taxable  valuation  of  vessels  engaged  in  the  foreign  carrying  trade  .  990 

Taxation,  of  leased  properties  provided  for 1172 

ownership  of  real  estate  for  purposes  of 837 

property  of  certain  associations  exempted  from       .        .        .  1211 

Taxes,  collection  of,  relating  to 1020 

county,  granted 1247 

county,  relating  to  payment  of 964 

state  and  county,  basis  of  apportionment 846 

in  cities,  relative  to  assessment  of     .        .        .         .        .         .  865 

Technical  instruction  in  schools,  subject  to  be  investigated  by  the 

state  board  of  education 1263 

Telegraph  and  telephone  lines,  regulation  and  removal  of  posts,  wires 

and  structures  of 1081 

Telephone,  transmission  of  intelligence  by,  relating  to       .        .        .  1151 

Telephone  Company,  American  Bell,  may  increase  its  capital  stock  .  1072 
Templeton,  town  of,  hospital  cottages  for  children  in  Baldwinsville 

in,  allowance  to 936 

Terra  fees  of  clerks  of  the  coiu'ts  abolished 1151 


Index.  1553 

Page 
Testimonials  to  certain  soldiers  and  sailors,  adjutant-general  to  fur- 
nish    1246 

Tewksbury,  state  almshouse  at,  allo\Yance  for  increased  hospital 

accommodations      .........  1255 

Theological  School,  Trustees  of  the  Episcopal,  charter  amended       .  809 
Tislnuy  Great  pond,  ma}'  be  leased  by  the  commissioners  on  inland 

fisheries 1048 

Title  insui-ance  companies,  may  examine  and  guarantee  titles  to  per- 
sonal property 1065 

Titles  to  real  estate,  to  provide  for  determining  validity,  nature  or 

extent  of  certain  encumbrances  upon 1168 

Towns  : 

Audover,  may  make  an  additional  water  loan  ....  1015 
Ashfield,  may  convey  existing  burying  grounds  to  the  Ashfield 

Burial  Ground  Association 962 

Ashland,  First  Parish  in,  name  established        ....  901 

Avon,  water  supply  for 941 

Avon,  portion  of  towns  of  Holbrook  and  Randolph  annexed  to,  965 
Blackstone,  Woonsocket  Street  Railway  may  extend  its  tracks 

into 1032 

Bourne,  selectmen  may  sell  right  to  take  alewives  in  Herring 

river  in .  923 

Berkley,  proceedings  at  annual  meeting  ratified        .         .        .  1081 

Bridgewater,  allowance  to 1248 

Brookline,  may  lay  and  maintain  a  common  sewer  in  Boston 

and  Newton 888 

Brookline,  maj^  isswe  bonds,  etc.,  for  construction  of  a  public 

park 913 

Charleraont,  may  make  by-laws  to  regulate  use  6f  ways  and 

bridges 1207 

Dedham,  public  library  may  be  transferred  to  .        .        .        .  892 

Duxbury,  bridge  from  Powder  point  to  Salter's  beach  in         .  835 

Essex,  boundary  line  on  tide-water  to  be  defined      .         .        .  1259 
Fairhaven  and  city  of  New   Bedford,  bridge  between,  over 

Acushnet  river 894 

Falmouth,  time  extended  for  construction  of  certain  bridges 

in 1091 

Grafton,  may  issue  bonds  to  fund  existing  indebtedness  .        .  974 

Greenfield,  proceedings  at  annual  town  meeting  confirmed       .  1019 
Hadley,  protection  of,  against  encroachments  of  Connecticut 

river 1230 

Hinsdale,  a  fire  district  may  be  established  in  .        .        .        .  947 

Hinsdale,  water  supply  for,  and  for  fire  district        .         .         .  954 

Holl)rook,  portion  of,  annexed  to  town  of  Avon      .         .         .  965 

Ipswich,  water  supply  for 1051 

Ipswich,  boundary  line  on  tide-water  to  be  defined  .         .    1253,  1259 

Lee,  Hopland  school  district  in,  abolished         ....  926 

Lincoln,  may  take  additional  land  for  school  purposes     .        .  976 


1554  Index. 

Page 
Towns  —  Concluded. 

Ludlow,  may  l)e  supplied  with  water,  and  with  electricity,  etc., 
by  the  Ludlow  Manufacturing  Company        .        .        .         .919 

LudloAV,  water  supply  for 1059 

Marblehead,  water  supply  for 820 

Marblehead,  AUerton  Building  Company  in,  incorporated        .  775 

Marlborough,  may  make  an  additional  water  loan     .         .        .  835 

Medford,  may  improve  water  supply,  etc.          ....  922 

Mount  Washington,  proceedings  at  town  meeting  confirmed  .  992 
North  Adams,  may  make  an  additional  water  loan  in  aid  of  the 

North  Adams  fire  district 882 

North  Brookfleld,  water  supply  for 1133 

Northborough,  may  raise  money  for  erecting  a  monument  to 

the  memory  of  Mary  Goodnow 923 

Pittsfleld,  water  supply  for        .         .         .        .         .         .         .891 

Plymouth,  may  raise  money  for  celebration  of  the  completion 

of  the  national  monument  to  the  Pilgrims     ....  917 

Provincetown,  water  supply  for 977 

Randolph,  may  regulate  certain  fisheries 834 

Randolph,  portion  of,  annexed  to  town  of  Avon      .        .        .  9G5 
Raynham,  may  raise  money  for  celebration  of  anniversary  of 

settlement  of  Taunton 1077 

Reading,  water  supply  for 1087 

Revere,  proceedings  at  annual  meeting  confirmed     .         .         .  975 

Rowley,  may  indemnify  Edward  H.  Richardson  for  damages,  1012 
Soutli  Hadley,  may  take  part  of  the  old  graveyard  for  school 

purposes 1050 

South  Hadley,  may  loan  money  to  fire  district  number  one      .  1139 
Stockbridge,  fire  district  may  be  establislied  in         .        .         .1198 
Stoneham,  part  of,  annexed  to  Wakefield          ....  8G1 
Stoneham,  included  within  the  jurisdiction  of  the  fourth  dis- 
trict court  of  Eastern  Middlesex 1007 

Wakefield,  part  of  Stoneham  annexed  to 861 

Walpole,  allowance  to 1248 

Warren,  proceedings  of  annual  town  meeting  confirmed  .         .  1057 

Washington,  may  elect  an  auditor  at  a  special  meeting    .         .  1152 

Watertown,  tenure  of  office  of  members  of  police  force  of      .  1152 

Wellesley,  may  make  an  additional  water  loan  ....  1034 
Westfield,  may  issue  additional  water  bonds     .        .        .        .818 

Weymouth,  may  make  an  additional  water  loan        .         .        .  931 
Winchester,  relating  to  public  cemetei'ies  in     .         .         .        884,  975 

Towns,  election  of  auditors  in,  to  be  by  ballot 914 

may  authorize  boards  of  health  to  enforce  regulations  con- 
cerning house  drainage 859 

may  employ  counsel  at  hearings  before  committees  of  the 

legislature 1006 

may  raise  money  by  taxation  for  celebration  of  the  two  hun- 
dred and  fiftieth  anniversary  of  incorporation       .        .        .  795 


Index.  1555 

Page 
Towns,  superintendent  of  streets  in,  to  be  appointed  hj  selectmen,  843,  906 
Towns  and  cities  niaj'  raise  money  for  military  aid  to  soldiers  and 

sailors .        .  981 

to  raise  money  to  a'id  soldiers. and  sailors,  their  families  and 

widows    ...........  995 

may  incur  debts  for  temporary  loans  in  anticipation  of  the 

taxes ■  .        .        .        .  1062 

may  contract  for  disposition  of  oftal  and  garbage    .        .        .  1065 
may  regulate  or  prohilnt  the  taking  of  eels  and  shell-flsh         .  1076 
to  cause  to  be  properly  interred  the  bodies  of  deceased  indi- 
gent soldiers,  sailors,  etc.        .......  1080 

clerks  of,  to  return  to  the  clerk  of  the  courts  names  of  con- 
stables appointed  and  qualilled 1072 

Treasurer  and  receiver-general,  may  borrow  money  in  anticipation 

of  revenue 1226 

to  issue  scrip  to  meet  expenses  for  enlargement  of  state  house,  996 

to  issue  Metropolitan  sewerage  loan 1157 

salary  of  paying  teller  in  office  of 1042 

Treasurer,  of  Berkshire  county,  salary  established     .        .        .        .821 

Bristol  county,  salary  established 793 

Essex  countj',  clerical  assistance  for         .....  1007 

Middlesex  county,  allowance  for  clerical  assistance         .         .  837 

Plymouth  county,  salary  established 969 

Treasurers  of  savings  banks  to  give  bonds,  etc.          ....  906 

Trial  list  of  criminal  cases  in  the  superior  court         ....  1150 

Trial  list  of  civil  cases  in  the  superior  court  for  Suffolk  county        .  1206 
Truant  officers  may,  without  w'arrant,  apprehend  and  take  to  school 

truants  discovered  in  the  act  of  truancy        ...        .        .  1132 

Truants,  habitual,  concei'ning 961 

Truant  schools  in  Essex  county,  establishment  of      ...        .  1084 

Trust  estates,  sales  and  mortgages  of 825 

Trust  companies,  final  distribution  of  money  deposited  in,  by  order 

of  court,  etc 1172 

Trust  companies,  safe  deposit,  loan  and,  investments  of   .        .        .  1035 
Trust  Company,  International,  may  increase  capital  stock  and  hold 

certain  real  estate  in  Boston 831 

Trust  and  Investment  Company,  Suffolk,  name  changed  to  Suffolk 

Trust  Company 1092 

Trustees,  accounts  and  settlements  of ,  relating  to     .        .         .        .1212 
residing  out  of  or  removing  from  the  state  to  appoint  a  resi- 
dent agent  upon  whom  process  may  be  served       .        .        .  1208 
under  the  will  of  Elisha  V.  Ashton  may  lease  certain  real 

estate 1011 

of  the  Episcopal  Theological  School,  charter  amended    .        .  809 
of  the  Massachusetts  agricultural  college,  payment  of  per- 
sonal and  incidental  expenses 813 

of  the  Massachusetts  agricultural  college,  authorized  and  des- 
ignated to  receive  grant  of  money  from  the  United  States  .  863 


1556  Index. 

Page 
Trustees,  of  the  Massachusetts  agricultural  college,  additional  copies 

of  report  to  be  printed 898 

of  the  Sanderson  academy  and  school  fund,  in  town  of  Ash- 
field,  acts  confirmed  and  name  changed  .....  94G 
of  the  Soldiers'  Home  in  Massachusetts,  charter  amended  .  987 
of  the  Soldiers'  Home  in  Massachusetts,  allowances  to  .  1227,  1247 
of  the  Taunton  lunatic  hospital,  may  sell  certain  real  estate  .  1034 
of  the  Washington  Street  Methodist  Episcopal   Church  of 

Brookline,  title  to  land  and  proceedings  confirmed       .         .     1132 

of  Williams  college,  certain  property  may  be  conveyed  to       .     1051 

Tuesley,  Simon  B.,  eligible  to  receive  state  aid 1259 


u. 

Union  Evangelical  Religious  Society  of  Readville,  declared  a  cor- 
poration ;  proceedings  ratified 866 

Uniouville   Evangelical  Society,  name  changed  to  the  First  Parish 

in  Ashland 901 

Unitarian  Sunday  School  Society,  may  hold  its  meetings  in  any  state,      867 

United  States,  jurisdiction  over  part  of   Gallop's  island  in  Boston 

harbor  ceded  to 801 

United  States  Hotel  Company,  may  hold  corporate  property  not  ex- 
ceeding one  million  dollars 836 

Universalist  Convention,  Massachusetts,  may  hold  money  in  trust 

under  will  of  George  Smith 1075 

Universalist  Parish,  Winter  Hill,  name  changed  to  the  Winter  Hill 

Universalist  Church 1061 


y. 

Valuation,  taxable,  of  vessels  engaged  iu  the  foreign  carrying  trade,  990 

Valleys,  Mystic  and  Charles  river,  system  of  sewage  disposal  for    .  1153 
Valleys,  Mystic  and  Charles  river,  sewerage  of,    extra  copies  of 

report  on,  to  be  printed 1235 

Vessels  engaged  in  the  foreign  carrying  trade,  taxable  valuation  of,  990 
Vessels,  foreign,  copies  of  registers  to  be  filed  with  the  comrais- 
sioner  of  corporations;  provisions  of  1884,  330,  §§  1,  2,  to' 

apply        . 1077 

Volunteers,  Massachusetts,  record  of,  declaimed  unofficial  .        .        .  1252 
Voters,  certain  information  to  be  furnished  to,  by  the  secretary  of 

the  Commonwealth  .         .         .         .         .         .         .         .1116 

registrars  of,  in  cities,  appointment  of 827 

registration  of ;  correction  of  tax  bills,  etc 1085 

registration  and  assessment  of,  regulated          ....  917 

registration  of,  in  city  of  Boston,  relative  to    .        .        .    1030,  1085 

Voters  and  voting  at  elections,  relating  to 1109 

Voting  l)y  proxy,  at  meetings  of  street  railway  companies        .        .  927 


Index.  1557 

W. 

Page 

"Wakefield  Industrial  School  Compauy,  incorporated  ....  805 

Wakefield,  town  of,  part  of  Stoueham  annexed  to      ...        .  861 

Walpole,  town  of,  allowance  to 1248 

Waltliam  and  Newton  Street  Railway,  may  be  purchased  by  the  New- 
ton Street  Railway  Company 813 

Waltham,  city  of,  method  of  electing  aldermen  in 930 

Wamsutta  Club  of  New  Bedford,  incorporated 876 

Ware,  town  of,  weeklj'  sessions  of  the  district  court  of  Hampshire 

in 808 

Warren,  town  of,  proceedings  of  annual  town  meeting  confirmed      .  10.57 

Warren,  George  W.,  allowance  to 1230 

Warren  Street  Chapel,  name  changed  to  Barnard  Memorial        .        .  893 
Washington,  George,  president  of  the  United  States,  centennial  cel- 
ebration of  inauguration  of 1225 

Washington  Street  Congregational  Society,  in  Quincy,  title  to  real 

estate  confirmed      .........  1083 

Washington  Street  Methodist  Episcopal  Church  of  Brookliue,  trus- 
tees of,  title  to  land,  etc.,  confirmed 1132 

Washington,  town  of,  may  elect  an  auditor  at  a  special  meeting        .  1152 

Water  Company,  Fairhaven,  may  increase  capital  stock     .         .        .  1007 

Grafton,  real  estate,  capital  stock  and  bonds  of        .        .        .  1014 

Milton,  may  consolidate  witli  the  Brush  Hill  Water  Company,  1074 

North  Brookfield,  concerning     .......  1134 

Revere,  may  take  additional  water  supply          ....  1008 

Stockbridge,  may  furnish  additional  water  supply    .         .         .  1143 
Williamstown,  may  take  franchise  and  property  of  the  Wil- 
liams Aqueduct  Company        .......  910 

Water  loan  for  Andover 1015 

Avon 942 

Fitchburg 909 

Grafton  Water  Company 1014 

Hinsdale  fire  district 950 

Ipswich        .         . 1053 

INIarlboi'ough 835 

Medford 922 

North  Adams 882 

North  Brookfield 1 134 

Pittsfield      .       _ 892 

Provincetown 978 

Reading 1088 

Somerville 1047 

Springfield 1059 

Wellesley 1034 

Westfield 818 

Weymouth 931 

Water  Power  Company,  Holyoke,  may  increase  capital  stock     .        .  829 


1558  Index. 


Page 
Water  Supply: 

Avon 941 

Moon  island  and  Long  island  in  Boston  liarbor         .        .        .  830 

Hinsdale 954 

Ipswich 1051 

Centre  Village  of  Leicester 937 

Ludlow    ' 919,  1059 

Lynn 1069 

Marblehead 820 

Medford 922 

Newton 1002 

North  Adams  fire  district 877 

North  Brookfield 1133 

Pittsfleld 891 

Provincetown 977 

Reading 1087 

Kevere         .        . 1068 

Somerville 1045 

South  Framingham  camp  ground 1256 

Springfield 1059 

Stockbridge 1143 

Wellesley 1034 

Weymouth  .         .         . 931 

Worcester 822 

Water  Trust  and  Investment  Company,  Boston,  time  for  organiza- 
tion extended 965 

Water  Works  Security  Company  of  Massachusetts,  incorporated      .  ]  148 

Watertown,  town  of,  tenure  of  office  of  members  of  police  force  of,  1152 

Wellesley,  town  of,  may  make  an  additional  water  loan     .        .        .  1035 

Wellfleet,  Herring  river  in,  eel  fisheries  in 906 

Wentworth,  George  L.,  justice  of  the  peace,  acts  confirmed      .        .  1227 

Westborough  insane  hospital,  allowance  for  current  expenses  .        .  1255 

allowance  for  building  a  house  for  the  dead     ....  1263 

allowance  for  repairs          ........  1254 

West  Boston  bridge,  may  be  widened  by  cities  of  Boston  and  Cam- 
bridge      . 1057 

Westfield,  town  of .  may  issue  additional  water  bonds         .         .        .  818 

Westfield,  state  normal  school  at,  new  building  to  be  erected    .         .  1258 
West  Roxbury  district  of  the  city  of  Boston,  municipal  court  of, 

salary  of  clerk 840 

Weymouth,  town  of,  may  make  an  additional  water  loan  .        .        .  931 
Whip  Company,  A.  C.  Barnes,  name  changed  to  the  Massasoit  Whip 

Company 873 

White,  George,  allowance  to 1232 

Whiting,  Sarah  E.,  eligible  to  receive  state  aid 1230 

Whitman,  First  Baptist  Church  of,  name  established          .         .         .  816 
Wife  or  husbaud,  deceased,  rights  of  husband  or  wife  in  real  estate 

of 940 


IXDEX. 


1559 


Wilbar,  Frances  M.,  eligible  to  receive  state  aid         .... 
Will,  probate  of,  or  determiuatiou  of  intestacy,  made  conclusive  in 

certain  cases 

Williams  college,  trustees  of,  certain  property  may  be  conveyed  to  . 
Williamstown  Water  Company,  may  take  franchise  and  property  of 

the  Williams  Aqueduct  Company 

Winchester,  town  of,  relating  to  public  cemeteries  in         .         .        884 
Winter  Hill  Universalist  Parish,  of  Somerville,  name  changed  to  the 

Winter  Hill  Universalist  Church 

Woburu,  city  of,  appointment  of  election  officers  in  . 

Woburn,  city  of,  city  clerk  and  city  treasurer  of,  doings  conflrmed 

Women,   appointed  special  commissioners,   powers  enlarged    and 

detined     ....... 

Women,  married,  property  of,  concerning  . 
AVood's  HoU  harbor,  fees  for  pilotage  in  and  out  of 
Woonsocket  Street  Eailway  Company,  may  extend 

the  town  of  Blackstone  .... 
Worcester,  city  of,  additional  water  supply  for  . 

exempted  from  the  operation  of  1885,  312,  § 

1889 

central  district  court  of,  salary  of  clerk    . 
Worcester,  register  of  probate  and  insolvency  for 

additional  clerical  assistance  in  office  of 
Wright,  Charles,  in  favor  of        ...         . 


its  tracks  into 


1,  until  Jan.  1 


the  county  of 


Page 
1260 

1151 
1051 

910 
,  975 

1061 
935 

1041 

918 
924 
976 

1032 
822 


892 
83G 


927 
1226 


Y. 


Yeariugton,  Isaac,  allowance  to  . 
Yorick  Club,  of  Lowell,  incorporated 


1249 

810 


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