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

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

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 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 f