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

:*^'-? 



ACTS 



RESOLVES 



PASSED BY THE 



^►ijneral dj^itrt of ^ajjfiacltusdtji, 

IN THE TEAR 

1890, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

No. 18 Post Office Sqiaiie. 

1890. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commonto^altb oi IHassacbusetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secm'e the existence of the body "°^'<'''°'"'^°'- 
politic, to protect it, and to fm*nish 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 Bodypoiioc, 
of individuals : it is a social compact, by which the whole itT^auI^. 
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, find his secu- 
rity in them. 

We, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great 
Legislator of the universe, in afibrding us, in the course 
of His providence, an opportunity, deliberately and peace- 
ably, without fraud, violence, or surprise, of entering into 



COXSTITUTIOX OF THE 

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



PART THE FIRST. 

A Declaration of the Rights of the InJiahitants of the 
Commonwealth of JIassach usetts. 

Eqnauty and ARTICLE I. All mcu are boru 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. 
MgM and duty jj n jg the rio;ht as well as the duty of all men in 

of public reli- . ii-ii i ^ • i 

gious worship, society, publicly, and at stated seasons, to worship the 

jt*roiectiou _*'^*^ -^ * 

therein. SuPREME Beixg, thc grcat Creator and Preserver of the 

i2^uenj*i29. univcrse. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 
Amendment ju, T^g the happiucss of a pcoplc, and the (jood order 

An. XI. substi- L . i^.., II' .11 T 

tuted for this, and preservation 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 

i^egisiature em- insti'uctions iu piety, relio-ion, and morality : Therefore, 

powered to com- ■,.-,''. ~ , , , - 

pel provision for to prouiote their liappincss, and to secure the good order 
pu icwors ip, ^^_^^ preservation of their government, the people of this 
commonwealth have a rioht to invest their leoislature with 
])ower to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 



COMMONWEALTH OF MASSACHUSETTS. 5 

of piety, reliofion, and morality, in all cases Avliere such 
provision shall not be made voluntarily. 

And the i)eople of this commonwealth have also a right atre'lfdlince"^"'" 
to, and do, invest their legislature with authority to enjoin thereon, 
upon all the subjects an attendance upon the instructions 
of the ])u])lic 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 nght 
ishes, precincts, and other bodies politic, or religious socie- giourtJadiers 
ties, shall, at all times, have the exclusive right of electing ^'^'^^''^d- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of whomVarochiai 
public worship, and of the public teachers aforesaid, shall, taxes may be 
if he require it, be uniformly applied to the support of the 
pul)lic teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherAvise 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- Aiidenomina- 
selves peaceably, and as good subjects of the commonwealth, pTotectld'! ^ 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another of one sect to 

J another pro- 

shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of eeif. 
and exclusive right of governing themselves, as a free, lectured?''"' 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^f'^fn^offi'^.^^a'^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

and agents, and are at all times accountable to them. 

VI. Xo man, nor corporation, or association of men, Services ren- 
have any other title to obtain advantages, or particular puwic bein| the 
and exclusive privileges, distinct from those of the com- peiuiiarV'-ivi- 
munity, than what arises from the consideration of ser- 1''^''^' ^'''"'''"; „ 

•J ^ , .... tii'T oihces are 

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



CONSTITUTION OF THE 



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



Right of people 
to secure rota- 
tion in office. 



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

Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184,467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
T Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

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



born a magistrate, lawgiver, or judge, is 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 men : Therefore the 
people alone have an incontestible, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

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

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for pu1)lic 
employments. 122 Mass. 595, soe. 

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 oljliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllaljle by any other laws 
than those to which their constitutional representative 
l>ody have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 



1 Allen, 150. 

11 Allen, 530. 

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



103 Mass. 120, 624. 
106 Mass. 356, 362. 
108 Mass. 202, 213. 
Ill Mass. 130. 



113 Mass. 45. 127 Mass. 50, 52, 

116 Mass. 463. 358, 363, 410, 413. 

126 Mass. 428, 441. 129 Mass. 559. 



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



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



COMMOXWEALTII OF MASSACHUSETTS. 7 

completely, and without any denial ; promptly, and Avith- 
out delay ; contbnnal)ly to the laws. 

XII. Xo subject shall be held to answer for any crimes rrosccntions 
or oflence, until the same is fully and plainly, substantially, 8'pick!'2ii. 
and formally, described to him ; or be compelled to accuse, Is pick! lit. 
or furnish evidence against himself. And every subject f-^ll%2Q^- 
shall hiixe a right to produce all proofs that may be i2Cu8h. 246. 
favorable to him ; to meet the witnesses against him face 5 Gray', leo. 
to face, and to be fully heard in his defence by himself, 10 Gray f 11! 
or his counsel, at his election. And no subject shall be l\^\{^^^'z6i.' 
arrested, imprisoned, despoiled, or deprived of his prop- g^^^^^^g^" 
erty, immunities, or privileges, put out of the protection 473! 

of the law, exiled, or deprived of his life, liberty, or 97 kass.'sTo,' 
estate, but by the judgment of his peers, or the law of loojiass. 257, 

fhp land 295. 

ine IdUU. 103 ilass. 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 legislature shall not make any law that shall ?'sht to trial by 

~ . . •^ jury in criminal 

subject any person to a capital or infamous punishment, cases, except, 
excepting for the government of the army and navy, with- s Gray, 329, 373. 

i i • 1 1 • 103 Mass. 418. 

out trial by jury. 

XIII. In criminal prosecutions, the verification of facts, Crimes to be 
in the vicinity where they happen, is one of the great- viTiuity!" 

est securities of the life, liberty, and property of the loT^Mass^'ei, 62. 
citizen. 

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

111 T." /•!• !• and seizure 

unreasonable searches, and seizures, oi his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amend°tiv. " 
therefore, are contrary to this right, if the cause or founda- 5 cusii^le'g. 
tion of them be not previously supported by oath or affir- I^q'^1' -^454 
mation, and if the order in the warrant to a civil officer, to w AUen, 403. 

1 1 . ill 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. ^**' '^^' 
panied with a special designation of the persons or olijects 
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 

Ti .. 1 . , '-''•,.•' . jury sacred, ex- 

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

which it has heretofore been otherways used and practised. Amend*' t vii^' 

the parties have a right to atrial by jury ; and this method ypjck.lee." 

of procedure shall be held sacred, unless, in causes arisino; ^^>ay'Jtt- 

J 1 1 • 1 11 1 • , ^ Gray, 3(3. 

on the high seas, and such as relate to mariners wages, ii Alien, 574, 
the legislature shall hereafter find it necessary to alter it. loiMass. 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 



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



Moral qualifica- 
tions for office. 



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. 



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found 
ed on consent. 
8 Allen, 247. 



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; . and 
the military power shall always 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 frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their 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 assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laws, and for making new laws, as the 
common good may require. 

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



CO:\DIONWEALTII OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Ex. po^it facto 
the existence of such laws, and which have not been de- i-ri/ienS?'^* 
chired crimes by preceding laws, are unjust, oppressive, "^^^^ ^-s. 434. 
and inconsistent with the fundamental principles of a free 
government. 

XXY. No subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legisla- ueasouTetcf 
ture. 

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

~ . . . ^ • ^• lines, and cruel 

excessive bail or sureties, impose excessive hnes, or lunict punishments, 

1 1 • 1 J. prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

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

XXVni. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by, virtue of that law, tirruXssretc. 
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- coun? ''"''''^^'*' 
ter, that there be an impartial interpretation of the laws, iGray^Jvi 
and administration of iustice. It is the rioht of every i ^\'^}^^' ^V.- 

J . .0 . -^ 7 Allen, 385. 

citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, 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^x'j^andV^s.^" 
and judicial powers, or either of them : the executive shall J|Jg„fg''^P^'"*' 
never exercise the legislative and judicial powers, or either scush. 577. 
of them : the judicial shall never exercise the legislative s Aiien,'247,'253. 
and executive powers, or either of them : to the end it 28*6.^ ^**'" "* 
may be a government of laws and not of men. m Mass. 247, 

*"" lieMass. 317. 

129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 
The Frame of Government. 

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



Legislative 
department. 



For change of 
time, etc., see 
amendments, 
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 department 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 hnv, 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, be 
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 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, l)e 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, 



C0M.A10NAVEALTH OF MASSACHUSETTS. 11 

the votes of both houses shall l)e determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said l)ill or resolve, shall l)e entered upon the public 
records of the commonwealth. For exception 

And in order to prevent unnecessary delays, if any bill journment'of 
or resolve shall not be returned by the governor within coufAvuilin 
live days after it shall have been presented, the same shall leefniemu^' 
have the force of a law. aTass-fe::^' 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories!"^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearino', tryini>\ and deter- soray, i. 

. ^ ^^ ^ ^ <D^ JO Gray, 147, 

mining of all manner of crimes, offences, pleas, processes, io4. 

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

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

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

or whether the said crimes l^e capital or not capital, and 

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

for the awarding and making out of execution thereupon. 

To which courts and iudicatories are hereby o-iven and Courts etc., 

, . ,, •' , . „ ..•''-. may admiuister 

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

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to etc?^'^"'''^ ^'^^' 
time to make, ordain, and establish, all manner of whole- 4Ai]m',473. 
some and reasonable orders, laws, statutes, and ordinances, 23-^"^"' ""^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iiBMass. 467, 
constitution, as the}^ shall judge to be for the good and 

welfare of this commonwealth, and for the government j,^™;^^'efc°'"i!oi 
and ordering thereof, and of the subjects of the same, and repuguantto 

/. , , ^ j_ n 1 p /» ^ 1 'the constitution. 

tor the necessary support and detence ot the government cAiieu, sos. 
thereof ; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or app'ofntmen't 
within the said commonwealth, the election and consti- ii5°Mas8f602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th™r dE!"^° 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall l:>e respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 



CONSTITUTION OF THE 



may impose 
taxes, etc. 
12 Mass. •25'3. 

5 Allen, 42S. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235, 23S, 240, 298, 
300,312,313,500, 
612. 

98 Mass, 19. 

100 Mass. 285. 

101 Mass. 675, 
585. 

103 Mass. 267. 

114 Mass. 388, 

391. 

116 Mass. 461. 

118 Mass. 386, 

889. 

123 Mass. 493, 

495. 

127 Mass. 413. 



may impose 
taxes, etc^, to be 
disposed of for 
defence, protec- 
tion, etc. 
8 Allen, 247, 256. 
Valuation of 
estates once in 
ten years, at 
least, -nhile, etc. 
8 Allen, 247. 
126 Mass. 547. 



this constitution ; and to impose and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, w^ares, 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 being, 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 subjects thereof, 
accordino- to such acts as are or shall be in force withm 
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, see amendments, Art. II. 



Senate, nnmlier 
of, and by whom 
elected. 
Superseded by 
araondraentii. 
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 be annually elected, by 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- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhaliitants of the common- 
wealth 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, counucstobe 

. . (IistnctB, until, 

until the general court shall determme it necessary to tic. 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II. The senate shall be the first branch of the legisla- Manner and 
ture ; and the senators shall be chosen in the following man- genatore and '°^ 
ner, viz. : there shall be a meeting on the [first Monday in TimTofXction 
April,"! annually, forever, of the inhabitants of each town changed by 

i'J ''. n 1 ' 11 1 111 amendments, 

in the several counties of this commonwealth ; to be called Art. x., and 
by the selectmen, and 'warned in due course of law, at by amendments, 
least seven days before the [first Monday in April,] for irto^cuies, see 
the purpose of electing persons to be senators and coun- ameud^ments, 
cillors ; faiid at such meetings every male inhabitant of '^'A<^«e pro- 

'L o ii- (^111 Visions as to the 

twenty-one years ot age and upwards, having a freehold qualifications of 
estate within the commonwealth, of the annual income of seded^yamend- 
three pounds, or any estate of the value of sixty pounds, ni°'xx.'lud 
shall have a right to give in his vote for the senators for ^^^^d^^inhabit- 
the district of which he is an inhabitant.] And to remove ant" defined. 
all doubts concerning the meaning of the word " inhabit- ments, Art 
ant" in this constitution, every person shall be considered wasaimi^iedby 
as an inhabitant, for the purpose of electing and being x^'^Gr^^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 selectmen to 

. ,. 1 1 11 • 1 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, Return 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. 11. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



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



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



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



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



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

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

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in ]May] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appeiir to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

» 

pointed dut in the constitution; and shall, [on the said Time changed 

T i.-i 1 •-urn II ij_ • 111 to first Wed IK'S- 

hist >\ ednosday in iMa\'J annually, determine and declare chiy of jammry 
who are elected by each district to be senators [by a J>^["'^'"'''"«'"'«' 
majority of votes ; and in case there shall not appear to changej to 
be the full number of senators returned elected by a ^''"gjjjj'^enfs 
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 gj^gj"'^''^^' ^^"^ 
senators sufficient to till up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in pe^oVie? ^ 
every district of the commonwealth ; and in like manner me^nt^Ait. 
all vacancies in the senate, arising by death, removal out ^^J^'^'- 
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 be Qualifications of 
capal)le of being elected as a senator, [who is not seised propeny'quaii- 
in his own right of a freehold, within this commonwealth, f/jfed!" '*'^°'" 
of the value of three hundred pounds at least, or possessed steamend- 

o 1 i/«'iiii ments, Art. 

of personal estate to the value or six hundred pounds at xiii. 
least, or of both to the amount of the same sum, and] wdio vision Lt^J^"^" 
has not been an inhabitant of this commonwealth for the also ameud*-''^ 
space of five j'ears immediately preceding his election, and, xxii.'^"* 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, Senate not to 
provided such adjournments do not exceed two days at a thanYwo^a'ys. 
time. 

VH. The senate shall choose its own president, appoint ., ^^?s!^ choose 

. . i 1 /. ^'^ ofticers and 

its own oihcers, and determine its own rules oi pro- establish its 

1. ■"■ rules. 

ceedings. 

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



16 



CONSTITUTION OF THE 



Quorum. 
For further pro- 
visions, see 
amendraents, 
Art. XXII. 



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

IX. Not less than sixteen members of the senate shall 
constitute a quorouin for doing l)usiness. 



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
Arts. XII. and 
XIII., whioh 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



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. 



CHAPTER I. 

Section III. 

House of Representatives. 

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

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

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

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

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

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



COMMOXWEALTH OF MASSACHUSETTS. • 17 

least next preceding his election, sluill have been aninhab- K"cw provision 
itant of, and have been seised in his own right of a free- see amend- ^'^*^' 
hold of the value of one hundred pounds within the town ^^"j^*** ^^'■'• 
he shall be chosen to represent, or any ratable estate to ficationi^abot''" 
the value of two hundred pounds: and he shall cease to ''^'^''^'^y'""''"'^- 

•Ti !• • ments, Ait. 

represent the said town immediately on his ceasing to be xiii. 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of Qualifications of 
age, and resident in any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a Beded by""^*^"^" 
freehold estate within the said town of the annual income aX" iiLrxx. 
of three pounds, or any estate of the value of sixty pounds, |ee ^i^^amend- 
shall have a right to vote in the choice of a representative g^/ff "\^V. . 
or representatives for the said town.] was annulled by 

Y. [The members of the house of representatives shall Repjesenta 
be chosen annually in the month of May, ten days at least tives, wheu 
before the last Wednesday of that month.] 

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

Art. XV. 

YI. The house of representatives shall be the p-rand ^°".«s»'°°J: 

,, 111. 1 can impeach. 

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

YII. All money bills shall oriorinate in the house of no^s" to origi- 

'' ~ nate all money 

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

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

IX. [Not less than sixty members of the house of gu^p^e^-selTe'd by 
representatives shall constitute a quorum for doing busi- ^^.^xxi'."*' 
ness.] 

X. The house of representatives shall be the judge of retCrM^e" °.! of 
the returns, elections, and qualifications of its own mem- itsown'mem- 

1 . T . , ^ . . , . hers ; to choose 

bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker ; appoint their own ofiicers, and settle the ruiL, etc' * 
rules and orders of proceeding in their own house. They may punish 
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 cojitemptuous behavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or w4io shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
piiniBh. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

XI. The senate shall have the same powers in the like 
and the governor and council shall have the same 



cases 



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

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



Governor. 



His title. 

To be chosen 

annually. 

Qualifications. 



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

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

Time of elec- 
tion changed by 
amendments, 
Art. X., and 
changed again 
by amendments, 
Art. XV. 



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have been an 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 who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first Monday of April] annually, 
give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 



COMMONWEALTH OF IVIASSACHUSETTS. 19 

iu 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 iiublic dechi- As to ciuos. see 

^ . , ., . Till- araendmeuts, 

ration thereoi in the said meeting; and shall, m the pres- Art. ii. 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in IMay] ; and the sheriff shall transmit Timo ciianged 
the same to the secretary's office, seventeen days at least day of January' 
before the said [last Wednesday in May] ; or the select- In?x^ '^''"'*' 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and [in case of an election by a majority of all amendmems. 
the votes returned], the choice shall be by them declared ^'^-^^v- 

1 11*11 nl*/> 1111 •• /• "Ow chosen, 

and pui)lished ; [hut it no person shall have a majority of when no person 
votes, the house of representatives shall, by ballot, elect '*'* '^ ™''-i''"'y- 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor.] 

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

least, shall, and 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- lenerarcow't 
eral court, to adjourn or prorogue the same to any time "nd'convenf ' 
the two houses shall desire ; [and to dissolve the same on the same. 

jii 1 1- 11TTT1 1 -HI- 1 As to dissolu- 

tlie day next precedino; the last Wednesday in May ; and, tion.seeamend 

,1 i.' J.1 '^ 1 J. X 1.1 L' ments, Art. X. 

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 iu the place where the said 



20 



CONSTITUTION OF THE 



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

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



Governor to be 
comraander-iu- 
chief. 



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

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

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

VII. The governor of this commonwealth, for the time 
l)eing, shall be the commander-in-chief of the army and 
navy, and X)f 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 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, l)y force of arms, as well by sea as by 
land, within or Avithout 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 l)y the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised ao'reeably 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 govornor shall not, at any time Limitation. 
hereal'ter, by virtue of any power by this constitution 
granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or ol)lige them to march out of tlie 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 water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

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

GXCGpt etc 

impeachment of the house, shall be in the governor, by 
and with the advice of council ; but no charter of par- 
don, granted I)y the governor, with advice of the council 
before conviction, shall avail the party pleading the same, But not before 
notwithstanding any general or particular expressions con- 109 Ma8s."323. 
tained therein, descriptive of the ofience or otiences in- 
tended to ])e })ardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial ofR. 
solicitor-general, [all sheriffs,] coroners, [and registers of nom'inated and 
probate,] shall be nominated and appointed by the gov- ror^'rov'isiona 
ernor, by and with the advice and consent of the council ; o^auonK'y^" 
and every such nomination shall be made by the oovernor, general, see 

'' , , '^ P amendments, 

and made at least seven days prior to such appointment. Art.xvu. 

For provision as to election of sheriffs, registers of probate, etc., see amendments. Art. 
XIX. For provision as to ai)pointmeut 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-l)and and alarm L?mit\ui^ou of 
list of their respective companies, [of twenty-one years bf^amend'- °"' 
of age and upwards ;] the field officers of regiments shall ments, Art. v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall ])e 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- nowcommis- 
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°alfiSed' 
house of representatives, each having a negative upon the gjo^gd™™'*' 
other ; and be commissioned by the governor. 

For provisions as to appointment of a commissary -general, see amendments. Art. IV. 

And if the electors of ])rigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc^ •''"-'^'>- 



22 CONSTITUTION OF THE 

tions, after l)eing duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such offices. 
Officers duly fAud uo officcr, dulv Commissioned to command in the 

commissioned, .K . ini if i • rr" ^ 

how removed, militia, shall l)e removed trom hisoince, but by the address 
amendmenu/ of botli liouscs to tlic govcmor, or by fair trial in court- 
^'''■^^" martial, pursuant to the laws of the commonwealth for the 

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

how appointed. , r) c _ 1 I 

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

how appointed. /» i • i i r> i 

officers ot the contmental army, whom by the conredera- 
tion of the United States it is provided that this comnion- 
Avealth shall appoint, as also all officers of forts and 
garrisons. 

Organization of ^hc divisious of tlic militia into brio-ades, 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. 

Money, how XL No mouevs sliall be issued out of the treasury of 

drawn from the .\ it -\ l' / i ^ 

treasury, ex- this comuionwealth, and disposed oi (except such sums as 
13 Allen,' 593. may bc appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant 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. 
All public XII. All public boards, the commissary-o-eneral, all 

boards, etc., to . !.«. cit -i. 

make quarterly superintending oftccrs ot pul)hc magazines and stores, 
belono-ingf 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 pulilic 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 iiarrisons ; and the said commanding officer shall ex- 



COMMONWEALTH OF MASSACHUSETTS. 23 

hibit to the governor, when required hy him, true and 
exact phnis of such forts, and of the kind and sea or har- 
bor or harbors, adjacent. 

And the said boards, and all public officers, shall com- 
municate to the 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. 

XIII. As the public good requires that the governor Salary of 
should not be under the undue intiuence of any of the ^''^''^"°''- 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, 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 established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- Salaries of jus. 

. . , . . tices of supreme 

lished by law for the justices of the supreme judicial court, judical court. 
And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time i^^sufficilut. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

Section II. 
Lieutenant- Governo7'. 

Article I. There shall be annually elected a lieuten- Lieutcnant- 
ant-governor of the commonwealth of Massachusetts, fiue'^and'^ quaufi. 
whose title shall be — His Honor ; and who shall be i.equ'irement''of 
qualified, in point of [religion,] property, and residence IJJjfef ']™the" °^ 
in the commonwealth, in the same manner with the gov- christian 
ernor ; and the day and manner of his election, and the abXh"c7by 
qualifications of the electors, shall be the same as are An^Vu^ *' 
required in the election of a governor. The return of 
the votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall ^^o^ chosen. 
be found to have a majority of all the votes returned, the Election by 
vacancy shall be filled by the senate and house of repre- ^ "'^'^ '^^ ^"° 



24 



CONSTITUTION OF THE 



vided for by 
aiueudracnts, 
Art. XIV. 



President of 
council. 
Lieulenaut- 
governor a 
member of, 
except, etc. 



Lieutenant- 
governor to be 
acting governor, 
in case, etc. 



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 lieutenant-governor shall 
always be a member of the council, except when the chair 
of the governor shall be vacant. 

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
monwealth, or otherwise, the lieiitenant-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. 



Council. 
Number of 
councillor.-* 
changed lo 
eight. 

See amend- 
ments, Art. 
XVl. 



Number: from 
whom, and bow 
chosen 
Modified by 
amendments, 
Arts. X and 

xni. 

Superseded by 
amendments, 
Art. XVl. 



If senators be- 
come council- 
lors, thtfir Beats 
to be vacated. 



CHAPTER II. 

Section III. 

Council, and the Manner of settling Elections hy tJie 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 assemble 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 l)e 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 asseral)led 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 be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

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

IV. [Not more than two councillors shall be chosen no district to 
out of any one district of this commonwealth.] ikwc more than 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Register of 
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 

m;iy insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the oflSce of the governor and lieuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, o/^ove^rnorfn 
or otherwise, then the council, or the major part of them, case, etc 
shall, during such vacancy, have full power and authority 

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

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May annu- untlf.^et"!"'^'' 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections maybe adjourned 

from day to day until the same shall be completed. And gi'^'^lrsed^ed'tf' 
the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall lirst be filled up; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretary, Treasurer , Commissary , etc. 

Article I. [The secretary, treasurer, and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] how^'chosen".'* 
naval officers, shall be chosen annually, by joint ballot of ^^"gi^'pt^on'of"'^ 
the senators and representatives in one room. And, that secretary, treas- 

A uror, tiDu rc- 

the citizens of this commonwealth may l)e assured, from ceiver-generai, 

,• J. 2^- j_i j_ i I . • < ji 1 !• and auditor and 

trnie to time, that the moneys remainmg in the public attorney-gen- 
treasury, upon the settlement and» liquidation of the pub- mentsfA'^r^''"'^ 
lie accounts, are their property, no man shall be eligible ^^"- 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for more 
than live suc- 
cessive years. 

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



as treasurer and receiver-general more than five 3^ears suc- 
cessively. 

For provision as to appointment of notaries public and the commissary-general, see 
amendments, Art. IV. 

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



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold otJice 
during good 
behavior, ex- 
cept, etc. 
But may be 
removen ou 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace ; tenure 
of fheir office. 
3 Cuali. 584. 



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, with consent of the 
council, may remove them upon the address of both houses 
of the leo;islature. 

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 probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall 
direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ,-°^ "?^''"''|*',. 
all appeals from the judges of probate, shall be heard and mony. ' 
determined by the governor and council, until the legis- visions^mado 
lature shall, by law, make other provision. iosmLs. 327. 

116 Mass". 317. 



CHAPTER IV. 

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



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Hazard 
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 public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian relio-ion, and the great 
bene'fit of this and the other United States of America, 
— it is declared, that the President and Fellows of powers, pnvi- 
Harvard College, in their corporate capacity, and {hrpreskient 
their successors in that capacity, their officers and ser- couikmed!^' 
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 



All gifts, grants, 
etc., confirmed. 



Who shall be 
overseers. 

See Statutes, 
1851, 2-.24. 
18.52, 27. 
1859, 212. 
1865, 173. 
ISSO, 65. 



Power of altera- 
tion reserved to 
the legislature. 



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 Camliridge, 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 the said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and senate 
of this commonwealth, arc, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, toi>ether with the ministers of the con- 
£:reo:ational churches in the towns of Cambridire, AVater- 
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 Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



CO:\LMONAVEALTII OF MASSACHUSETTS. 29 

CHAPTER V. 

Section II. 

The Encouragement of Literature^ etc. 

"Wisdom and knowledge, as well as virtue, diffused gen- j^utyof le isia 
erally among the body of the people, being necessary for tures and magie- 
the preservation of their rights and liberties ; and as these future periods. 
depend on spreading the opportunities and advantages of visLn"' asTo^*^"' 
education in the various parts of the country, and among fee''araend°°'^' 
the different orders of the people, it shall be the duty of ™^"j^j«| ^'■^• 
leojslatures and mao-jstrates, in all future periods of this 12 Alien, 500- 

O - . . ^ . 503. 

commonwealth, to cherish the interests of literature and losMass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public 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- oaths, etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, l)efore he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

" I, A. B., do declare, that I believe the Christian reli- Abolished see 

, ^ , . , amendments, 

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 
oflfice 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 
oaths of all 
officers. 



For new oath 
of allegiance, 
see amend- 
ments, Art. VI. 



Oath of office. 



Proviso. 
See amend- 
ments, Art. VI, 



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

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 ofi3ce 
under the government, shall, before he enters on the dis- 
charge of the business of his place or ofiice, take and sub- 
scribe the following declaration, and oaths or aflirmations, 
viz. : 

[" I, A. B. , do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of IMassachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, ex- 
cept the authority and power which is or may be vested 
by their constituents in the congress of the United States : 
and I do further testify and declare, that no man or body 
of men hath or can have any right to absolve or discharge 
me from the obligation of this oath, declaration, or affir- 
mation ; and that I do make this acknowledgment, pro- 
fession, testimony, declaration, denial, renunciation, and 
alijuration, 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 wnll 
faithfully and impartially discharge and perform all the 
duties incumbent on me as , according to 

the best of my abilities and understanding, agreeably to 
the rules and res-ulations of the constitution and the laws 
of the commonwealth. So help me, God." 

Provided, always, that when any person chosen or ap- 
pointed as aforesaid, shall be of the denomination of the 



CO.M^IOXWEALTII OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his afhnnation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
sicear,''^ " and abjure,'" " oath or,'" " and abjuraiion" in the 
first oath, and in the second oath, the words] '^ swear 
and,'' and [in each of them] the words ''So helj) me, 
God;" subjoining instead thereof, " This I do under the 
pains and 2yenalties of perjury .''' 

And the said oaths or affirmations shall be taken and .^ffirmjruons, 
subscribed by the o-overnor, lieutenant-governor, and coun- iiow admiuis- 
ciUors, before the president of the senate, m the presence 
of the two houses of assembly ; and by 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 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. Xo governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, edTo goveruor,' 
under the authority of this commonwealth, except such as se'e'amemu'*'"'" 
by this constitution they are admitted to hold, saving that mems, Art. 
the judges of the said court may hold the offices of justices 
of the peace 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. 

X'o person shall be capable of holding or exercising at f^fg^^^l''*- 
the same time, within this state, more than one of 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 be held by appointment 
of the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For further pro- 
general — treasurer or receiver-general — judge of probate l^com]lliUe 

— commissary-general — [president, professor, or instruct- °J[Je„d',j^eni8^ 
or of Harvard Colleo-e] — sheriff — clerk of the house of Art. vm. ' 

^ .J , n t ^ OOicers of Har- 

representatives — register ot probate — register ot deeds vard college 

— clerk of the supreme judicial court — clerk of the infe- ame'^Ddment^, 
rior court of common pleas — or officer of the customs, ^rt. xxvii. 
including in this description naval officers — shall at the 



82 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



Property quali- 
fications may 
be increased. 
See amend- 
ments, Art. 
XIII. 



Provisions 
respecting 
commissions. 



Provisions re- 
spectintr writs. 
•2 Pick. "592. 
3 Met. 68. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. f>.34. 

8 Pick. 309,316. 
16 Pick. 107, 115. 
2 Met. 118. 



Benefit of 
habeas corpus 
secured, except, 
etc. 



same time have a seat in the senate or house of represen- 
tatives ; but their being chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be tilled 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 constitution, 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 l)y the governor 
and attested by the secretary or his deputy, and have the 
ffreat 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 Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear te.st 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 which have heretofore been adopted, 
used, and approved in the Province, Colony, or State of 
Massachusetts Bay, and usuall}'^ 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 li])erties contained in 
this constitution. 

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner; and 
shall not be suspended ])y the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceedinij twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

YIII. The enacting style, in making and passing all ^'|'",'.<'"'*<=''"s 
acts, statutes, and laws, shall be — " Be it enacted I)}' 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 officers of 
danger arise to the commonwealth irom a change or the mem continued 
form of government, all officers, civil and military, hold- "°'i'> '-'^'^• 
ing commissions under the government and people of 
^Massachusetts Bay in New England, and all other pfficers 

of the said government and i)eople, at the time this con- 
stitution shall take elFect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment 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 Provision for 
principles of the constitution, and to correct those viola- .sutmi^u''°"" 
tions which by any means may be made therein, as well prov"iouaf to 
as to form such alterations as from experience shall be geg'^",^™'^"'*' 
found necessary, the general court which shall be in the meuts, Art. ix. 
year of our Lord one thousand seven Inmdred and ninety- 
live, 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- Provision for 
thirds of the cpialified voters throughout the state, who stitutioL.' 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



ProTision for 
preserving and 
publishing this 
constitution. 



XL This form of government shall be 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 be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



Bill, etc., not 
approved within 
five days, not to 
become a law, 
if legislature 
adjourn in the 
mean time. 
3 Mass. 667. 
See Const., Ch. 
I., § 1, Art. II. 



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



Proviso. 

112 Mass. 200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
11 Pick. 538, 540. 
14 Piclc. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591,594. 
7 Gray, 299. 
122 Mass. 695, 
597. 
r24'Mass 696. 



AETICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved l)y the governor ; and if the general 
court shall adjourn within live days after the same shall 
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 become 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 corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
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 holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

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 within 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 



CO^niONWEALTII OF MASSACHUSETTS. 35 

such olootion, have l)oen assossod upon him, in any town For educational 
or district of this connnonweaUh ; and also every citizen Tci'lunTila.^' 
who shall 1)0, l)y law, exempted from taxation, and who For\\''rovi«ion"l8 
shall be, iu all other respects, qualified as above mentioned, \" "^o"" '''1°. 

1111 • ^ A. j^ j^ • ^ 1 • /• have served m 

shall have a right to vote in such election or governor, the army or 
lieutenant-governor, senators, and representatives ; and no wi^seeirmend. 
other person shall be entitled to vote in such elections. xxviiiV* 

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

Art. IV. Notaries public shall be appointed by the Notaries public, 
governor in the same manner as judicial officers are ap- anJre^oved!'^ 
pointed, and shall hold their offices during seven 3'^ears, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[In case the office of secretary or treasurer of the com- vacancies in the 
monwealth shall become vacant from any cause, during fil^y^aud^^reas^' 
the recess of the general court, the governor, with the This c^ausf '^^^ 
advice and consent of the council, shall nominate and superseded by 

. , -, , ,. - .,-11 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 ^e^J^u^^'he 
require the appointment of a commissary-general, he shall appointed, ic 
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. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subalterns'!* ^"^ 
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 path to be taken 

. . o 1 by all otncers. 

by the constitution, the following oath shall be taken and see const., 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I 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- Proviso. Qua- . 
nation called Quakers, and shall decline taking said oath, ®'^™^^'' "^* 



36 



CONSTITUTION OF THE 



Tests abolished. 



Incompatibility 
of offices. 

122 Mass. 445, 
600. 

123 Mass. 535. 



Amendments to 
constitution, 
how made. 



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

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 prolmte, 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 offices excepted. 

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 by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 
amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 



COMMONWEALTH OF MASSACHUSETTS. 37 



riie ijolitical year shall besjin on the first commencement 

L ^ J O , 01 political year, 

f January, instead of the last Wednesday of 



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

AuT. X. The 
Wednesday of 

^lay ; and the general court shall assemble every year on 
the said tirst A\'ednesday 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 jNIay. And the general court shall be and termination. 
dissolved on the day next preceding the first Wednesday 
of Januar}', without an}^ proclamation or other act of the 
governor. ' But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first AVednesday of January, and until 
others are chosen and qualified in their stead. 

TThe meetino: for the choice of governor, lieutenant- ^petings for tbe 

L O ,0 1111111 choice of gov- 

governor, senators, and representatives, shall be held on emor, lieuten. 
the second Monday of November in every year ; but meet- e"c'fwhe™'to'be 
ings may be adjourned, if necessary, for the choice of This clause 
representatives, to the next day, and again to the next amMdmenisf 
succeeding day, but no further. But in case a second ^^t. xv. 
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 o^ go^ifil'^^rs^. 
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 



hen to 



38 



CONSTITUTION OF THE. 



Inconsistent 

provisions 

annulled. 



Religious 
freedom 
established. 
See Dec. of 
Rights, Art. 
UI. 



122 Mass. 40, 41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments. 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, 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 third 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 un incorporate, 
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 may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be Established 
by law." 

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



COMMOXWEALTII OF MASSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls Towns hfmn? 
shall be represented thus : The whole number of ratable lauib/epoiis, 
polls, at the last preceding decennial census of polls, shall ^o;^ represeut. 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten 3'ears, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect f/j^eggnt^j"^ 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by 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 

'1 1.1.' • "i^ r" J.I 1 1 J. J. unite into repre- 

may, by consent ot a majority ot the legal voters present sentativ© dia- 
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 deterra'Ine'the 
Lord one thousand eight hundred and thirty-seven, accord- resmnaiivesto' 
ing to the foregoing principles, the number of representa- ^^n'^js^'entiusd. 
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. 

ii XV 1 ii 1 •! 1 J.1 ment to be made 

years, thereafter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, ^^"^ y*^*""*- 
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 

proWsions 

annulled. 



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

Provisions as to 
census super- 
seded by amend- 
ments, Arts 
XXI. and XXII. 
Senatorial dis- 
tricts declared 
permanent 
Provisions as to 
senators super- 
seded b5' amend- 
ments, Art. 
XXII. 



House of repre- 
eentatives, how 
apportioned. 
Provisions as to 
representatives 
superseded by 
amendments, 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's ofiice, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter; which census 
shall determine the apportionment of senators and repre- 
sentatives for the term of ten years. 122 Mass. 595. 

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

The meml:)crs of the house of representatives shall be 
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 
3'ear 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 inh:il)itants wl.ch shall entitle a town Basis of repre. 

, , . , • 1.1 • • Kcutation, and 

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

In the year of each decennial census, the governor and JjJ'd ^?o°J'uc'"°°o 
council shall, before the tirst day of September, apportion apportiou the 
the number of representatives which each city, town, and resematives of 
representative district is entitled to elect, and ascertain fu'everyTen"'^'' 
how many 3'ears, within ten years, any town may elect a ^^^'^^' 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the lirst Wednesday of January, tiLVopieat'" 
or as soon thereafter as may be, by the joint ballot of the Provisions as ta 
senators and representatives, assembled in one room, who g°per^"ded by 
shall, as soon as may be, in like manner, fill up any vacan- ^"^n^'^euts, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Quauflcauonsof 
has not been an inhabitant of this commonwealth for the '^*^"'^" °"' 
term of five 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 quauaclftion^for 
be required as a qualification for holding a seat in either a seat in general 

1 ^ . , ~ . .. court or council 

branch 01 the general court, or in the executive council, not required. 

Art. XIV. In all elections of civil officers by the peo- Elections by the 
pie of this commonwealth, whose election is provided for pfunuuy 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 
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 day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 



42 



COXSTITUTIOX OF THE 



Eight council- 
lors to be chosen 
by the people. 
122 Mass. 595, 

598. 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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



Organization of 
the government. 



Art. XVI. Eight councillors shall be annually chosen 
by the inhabitants of this commonwealth, qualitieil to vote 
for ofovernor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor '.provided, 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 be, from time to time, established by the legisla- 
ture. No person shall be eligible to the ofiice of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
be the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall be filled in the same 
manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the state, 
or otherwise, shall 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 AVednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-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 lay the returns before 
the senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 
shall be by them declared and published ; but in case 
there shall be no election of either of said officers, the 
legislature shall proceed to fill such vacancies in the 



CO^DIOXWEALTII OF MASSACHUSETTS. 43 

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

Akt. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen Trer! audito'is**' 
annually, on the day in November prescribed for the genJrarbyYh« 
choice of governor ; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 

'-' . , . filled. 

either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third 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 filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or ap})ointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify with. 
offices aforesaid, shall neglect, for the space of ten days o'thl^wisJ^office 
after he could otherwise enter upon his duties, to qualify vacant.'^^™'^'^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabit- "*^"'" ^' 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and piied°forsTcta- 
all moneys which may be appropriated by the state for Pororig'ini'i' 
the support of common schools, shall be applied to, and Pchoollt^ee ^° 
expended in, no other schools than those which are con- p°"^p^^\°"irt 
ducted according to law, under the order and superintend- lii. 



44 



CONSTITUTION OF THE 



12 Allen, 500, 

568. 

103 Mass. 94, 96, 



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



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

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



House of repre- 

eentatlves to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



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

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sherifls, registers of probate, com- 
missioners of insolvency, and clerks of the courts, by the 
people of the several counties, and that districf attorneys 
shall be chosen by the people of the several- disii:cts, 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 elio-ible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name -.provided, hoiv- 
€vei\ 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 effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and 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 ; 



COMMONWEALTH OF MASSACHUSETTS. 45 

and it shall be the duty of the secretaiy of the common- Secretary Rhaii 

wealth, to certify, as soon as may be after it is determined aufhorized"to°" 

by the legislature, the number of representatives to which '^'"'^'^ couaues. 

each county shall be entitled, to the board authorized to 

divide each county into representative districts. The 

mayor and aldermen of the city of Boston, the county 

connnissioners of other counties than Suftblk, — or in lieu 

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

county commissioners in each county other than Suftblk, 

such board 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 Aus-ust next after each ^s?'?"?/^': 

. •' ~ division to be 

assignment ot representatives to each county, assemble at first Tuesday 
a shire town of their respective counties, and proceed, as Proceediugs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Qualifications of 
his election, shall have been an inhabitant of the district ]i2rM*L'8s!'595r 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of the 
commonw^ealth. The districts in each county shall be Districts to be 
num])ered by the board creating the same, and a descrip- de^Hbe'dkud 
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 tiled and kept in their res})ective offices. The 
manner of calling and conducting the meetino:s 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 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



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 make 
elisjible toollice. 
This article 
annulled by 
Art. XXVI. 



Vacancies in the 
senate. 



Vacancies in the 
council. 



thousand eight hundred and fifty-seven ; and a census of 
tlie 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 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 numljer of legal voters, ac- 
cording to the enumeration aforesaid : 2:)rov{ded, hoicever, 
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 be an inhab- 
itant of the district for which he is chosen; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members. 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to 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 : 2^''ovided, that this amend- 
ment shall not affect the rights Avhich any person of foreign 
birth possessed at the time of the adoption thereof; and, 
jorovided^ further, that it shall not aft'ect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 

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 conciirrcnt vote, choose some 
eligible person from the people of the district wherein snch 
vacancy occurs, to till 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 till the 
same by appointment of some eligible person. 

Art. XXA^I. The twenty-third article of the articles Twenty.third 
of amendment of the constitution of this commonwealth, mentninuiTed! 
which is as foUoAvs, 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 : j^^'ovided, that this amend- 
ment shall not afiect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, farther, 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 ofncereof 
of the constitution of this commonwealth as relates to ma^be eVmed* 
persons holding the office of president, professor, or generaTcomt. 
instructor of Harvard College, is hereby annulled. 

Art. XX\r[II. No person having served in the army Persons havmg 
or navy of the United States in time of wjm*, and having u.'^s^armyor 
been honorably discharged from such service, if otherwise "o^be'diBqu"*!- 
qualified to vote, shall be disqualified therefor on account fied from voting, 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll-tax. 

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



cincts in towns. 



48 CONSTITUTION OF THE 

The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjom'nments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to oe adopted by them, 
provided two-thirds of the votes given should be in the aflirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any jjurpose, save only for that of making elections, 
agreeable to this resolution." Tlie first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

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

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

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

The twelfth Article was adopted by the legislatures of the political 
years 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day' of November, 1836. 

The thirteenth Article Avas adopted by the legislatm'es of the polit- 
ical years 1839 and 1840, respectively, and was ajiproved and ratified 
by the people the sixth day of April, 1840. 

The fom'teenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years 1854 and 1855, resijectively, and ratified by the people the 
twenty-third day of May, 1855. 

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatm-es 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 people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 



CO:\rMONWEALTH OF MASSACHUSETTS. 49 

The twenty-foiivth and twenty-fifth Articles were adojitini by the 
legishitures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 1860. 

The twenty-sixth Article was adopted b}' the legislatures of the 
political years 1862 and 1863, and ratified by the jjeople 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 
peojile 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 manufacture 
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, 1389.] 



INDEX TO THE CONSTITUTION. 



A. 

Address of both houses of the legislature, judicial officers may be 
removed by governor with consent of council upon, 

Adjutant-general, appointed by the governor, 

Adjutants, to be appointed by commanding officers of regiments, 

Affirmations, instead of the required oaths, may be made by Qualcers, ^O 

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

Alimony, divoi'ce, etc., 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tei'ed 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 tlie 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, 

Apportionment of councillors, 24 

state to be divided into eight districts, .... 

Apportionment of senators, 13 

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

Apportionment of representatives, IG, 39 

to the several counties, made on the basis of legal votei's, 

Armies, dangerous to liberty, and not to be maintained without con 
sent of the legislature, 

Arms, right of people to keep and to bear, for public defence, 

Arrest, members of house of representatives exempted from, on 
mesne process, Avhile gcwng to, returning from, or attend 
ing the general assembly, 

Arrest, search and seizure, right of, regulated, .... 
warrant to contain special designation, .... 

Attorne}--gcneral, to be chosen by the people annually in November 

to hold office for one year frd^n third "Wednesday in January 

next thereafter, and until another is chosen and qualified 

election determined by legislature 

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

votes at November election, 

51 



Pagfl 

2G 
22 
22 

,31,3.5 
29 
27 



36, 


at 


41 


4 2 




42 


40, 


4G 




4G 


40, 


44 




44 



18 



21, 4,5 

43 
43 



43 



52 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

oflice to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

to hold oflice for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualifiLd, 48 

election determined by legislature, 43 

vacancy filled in same manner as in oflice of attorney-general, 43 

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

next preceding election, 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

Bills, monej', to originate in the house of representatives, . . 17 

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

and nays, 10 

if not returned by governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 

before that time expires, 11,34 

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

Body politic, formation and nature of, 3 

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

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

c. 

Census of ratable polls, 38 

of inhabitants, . • . 40, 44, 45 

of inhabitants and legal voters taken in the year 18C5, 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, 

Civil officers, meeting for election to be lield annually on the Tues- 
day next after the first Monday in November, . , 
whose election is provided for by the constitution to be 
elected by a plurality of votes, ...... 

Clerks of courts, elected by the people of the several counties, 

Clerks of towns, to make records and returns of elections. 

Colonial laws, not repugnant to the constitution, continued in 
force, 

Commander-in-chief, governor to be, 

Commerce, agriculture and the arts, to be encouraged, 

Commissarj'-general, appointed and commissioned as fixed by law, . 

Commission officers, tenure of office to be expressed in commissions. 

Commissioners of insolvency, elected by the people of the several 
counties, 

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

Congress, delegates to 

members of, may not hold certain state offices, 

Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and refeiTed to the next 
general court ; if the next general court agrees to the 
proposition in the same manner and to the same efiect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution. 

Constitution, provisions for revising, 

to be enrolled on parchment, deposited in secretary's office 
and printed in all additions of the laws, ... 

Coroners, 

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

Council, five members to constitute a quorum, .... 
eight councillors to be elected annually, .... 
election to be determined by rule required in that of gover 

nor, 

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

presence of both houses of assembly, 
to rank next after the lieutenant-governor, 
resolutions and advice to be recorded in a register, and signed 

by the members present, 

register of council may be called for by either house, 

to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 



Page 

34 

41 

41 
44 
13 

32 
20 
29 
25, 35 
26 

44 



32 
27 
36 



36, 


37 


33, 


36 




34 




21 




32 




24 


24, 


42 



42 



29 
25 



25 
25 



25 



54 INDEX TO THE CONSTITUTION. 



Council, no property qualification required, 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 42 

eligible to election if an inhabitant of state for five years pre- 
ceding election, 42 

term of office, 37 

vacancj^ to l)e filled by election of a resident of the district by 
concurrent vote of the senate and house ; if legislature is 
not in session, to be 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 law^s, and to hold oflice during good be- 
havior, 9, 23 

judges not to hold certahi other oflices, 36 

to give opinions upon important (juestions of law, etc., when 
required by either branch of the legislature or by the 
governor and council, ....... 26 

Courts, clerks of, elected l)y the people of the several counties, . 44 
Courts, probate, provisions for holding, ...... 26 

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

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

may administer oaths or affirmations, . . . . 11 

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

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

D. 

Debate, freedom of, in the legislature 8 

Declaration of the rights of the inhabitants 4 

Declaration and oaths of officers ; tests abolished, . . . 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 territor}% 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, bj' 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 l)e held annually on the first 

Tue.silay next after the first Monday in Noveniljcr, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth ]\Ionday in November, 41 

Election returns, 18, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, ...... 4 

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

Ex post facto laws, declared unjust and oppressive, .... t) 

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 constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, 8 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other .... 10 
to assemble every year on the first Wednesday of Januar}% at 
such other times as they shall j udge 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 oftlcers, and 

prescribe their duties, 11 

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

travelling expenses of members, 16 

may be adjourned or prorogued, upon its request, by the gov- 
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 infec- 
tious distemper prevailing, 19, 20 



56 INDEX TO THE CONSTITUTION. 

Page 
General court, judicial officers may be removed upon address of, . 26 
person convicted of bribery, not to hold seat in, ... 32 
may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

may be prorogued by governor and comicil for ninety days, if 

houses disagree, etc., 20 

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

empowei'ed to charter cities, S-t 

to determine election of governor, lieutenant-governor and 

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

to prescribe by law for election of slieriffs, i-egisters of probate 
and commissioners of insolvency by the people of the 
counties, and district attorneys by the people of the 

districts, 44 

Government, objects of, 3, 5, 6 

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

state, 5 

Governor, the supreme executive magistrate, styled, — The Gover- 
nor of the Commonwealth of Massacliusetts ; with the 
title of , — His Excellency ; elected annually, . . . 18 
qualifications, — to 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 

vacancy 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 be held in other than 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 before appoint- 
ment, 21, 35 



INDEX TO THE CONSTITUTION. 57 

Page 
Governor, to appoint oflicers of the continental arni}^ ... 22 
may pardon ofleuces, but not before conviction, . . . 21 
may All vacancy in council occurring when legislature is not 

in session, 47 

•vvith consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . . . l-t, 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 live members of 

the council, 19 

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



H. 

Habeas corpus, 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 unnatui'al, , . .5,6 

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

a representation of the people annually elected and founded 

upon the principle of equality, 16 

may impose fines upon towns not choosing members, . . 16 
expense of ti'avel once every session each way, to be paid l)y 

the government, 16 

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

large upon records, 10 

qualifications of membei's, 17, 41, 45 

must l)e 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 rules, etc., .... 17 

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by conimitt«e, 17, 18 



58 INDEX TO THE CONSTITUTION. 

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

may require tlie attendance of secretary of tlie commonwealth 

in person or by deputy, 26 

may require tlie 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 

first Monday of November, 4] 

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 Avard of a city to 
be divided, 45 

no district entitled to elect more than tlu-ee representatives, . 45 

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

I. 

Impeachments, by the house of representatives, to be tried by the 
senate; limitation of sentence; party convicted liable to 
indictment, . . . . . . . . . . 15, 16 

Incompatible offices, 31, 36 

" Inhabitant," the Avord defined, 13 

Inhabitants, census to be taken in 1865, 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 oftice 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 comicil, or either 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. 59 

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

to hold oflice dnrhig good behavior, except when otherwise 

provided by the constitution, ...... 26 

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

of both houses of the 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 authorit}^ 

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. 



Marriage, divorce and alimony, . 

Martial law, only those employed in the arraj' and navj', and the 
militia in actual service, subject to, except by authoritj' of 

legislature, 

Military power, subordinate to civil authority, . 

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

limits of the state, 

captains and subalterns, elected by the train-bands, . 
all members of companies may vote, including minors, 
field officers, elected by captains and subalterns, . . 
brigadiers, elected by field officers, .... 

major-generals, elected by senate and house of representatives 
by concurrent vote, ...... 

mode of election of officers to be fixed by standing laws, 
if electors refuse to elect, governor with advice of comici 
may appoint officers, ....... 

officers commissioned to command may be removed as may 
be prescribed by law, ....... 

appointment of stafl" officers, ...... 

organization; divisions, brigades, regiments and companies, 
Money, issued from treasury by warrant of governor, etc., 

mentioned in the constitution, to be computed in silver at six 

shillings and eightpence per omice. 

Money bills, to originate in house of I'epresentatives, 

Moneys, raised or appi'opriated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, 
Moral qualifications for office, 



Page 

27 



21 
21, 35 
35 
21 
21 

21 

21 



22, 35 
22 
22 
22 

32 
17 

43 



Notaries public, to be appointed by govei'uor with advice of council, 25, 35 
may be removed by governor with advice of council, upon 

address of both houses, 35 



o. 



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

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

forms of, 29, 30, 35 

Quakers may affirm, 31, 35, 36 

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

Objects of government, 3, 6 

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

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



INDEX TO THE CONSTITUTION. 61 

Page 
Office, all persons liaviiiii: the prescribed qualifications equally eli- 
gible to, 6 

no person eligible to, unless they can read and write, . . ii 
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, Avith consent of council, upon 

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

33 

21 

. 22, 35 

5 

22 



Officers of former government, continued, . 
Officers of the militia, election and appointment of, 

removal of, 

Officers and magistrates, accountable to the people. 
Organization of the militia, .... 



P. 

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

not before conviction, 21 

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

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

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

tm*e, 8 

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

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 31 

of votes, election of civil 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 

Pi'obate 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 malce quarterly reports to the 

governor, 22 

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

Public notary (see Notarj' public). 

Public religious worship, right and dutj^ 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 may be increased by 

the legislature, 32 

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

Qualification, property, partially abolished, 41 

Qualifications of a voter, 13, 17, 34, 43, 46, 47 

of governor, 18, 43 

of lieutenant-governor, 23, 43 

of councilloi's, .......... 41, 43 

of senators, 15, 40, 46 

of representatives, 16, 41, 45 

of secretary, treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magisti'ates, .... 8 

Quartermasters, appointed by commanding officers of regiments, . 22 
Quorum of council, to consist of five members, . . .19, 24, 42 

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

of house of representatives, to consist of one hundred 

members, 17, 45 

K. 

Eatable polls, census of, 38 

Beading 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 pi'obate, chosen by the people of the several counties, . 21, 44 

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

to be established by law, 5, 38 

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

membership of, defined, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Religious worsliip, pu))lic, riiiht and duty of, and protection therein, 4 

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

worship 4, 5, 38 

Remedies bj' recourse to the law, to ))e free, complete and prompt, . G 

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

Returns of votes, 18,10,42,43 

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

s. 

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

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

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

if not sufficient, 9, 23 

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

Secretary of the commonwealth, to be chosen 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 qualilied, 43 

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

vacancy occurring during session of the legislature, filled by 

joint baUot 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 consent of 
council, 35, 43 

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

next px'eceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed falls 

to be qualified within ten days, 43 

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

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

to attend governor and council, senate; and house, in pers<jn or 

by deputies, as thej' shall require, ..... 26 

to attest all commissions, 32 

to certify to board authorized to divide countj^ into districts, the 

number of representatives to which the county is entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 
Sectarian schools, not to be maintained at public expense, . . 44 
Selectmen, to preside at town meetings, elections, etc., ... 13 

Self-government, right of, asserted, 6 

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

to consist of forty members, apportiomuent, etc., . . 12,39,46 

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 
to be final judges of elections, returns and qualifications of 

their own members, 14 

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

order of majority of senators elected, . . . . 15, 46 

qualifications of a senator, 15, 41 

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

to choose its officers and establish rules, 15 

shall try all impeachments, 15, 17 

sixteen members constitute a quorum, 16 

maj' punish for certain offences ; trial may be by committee, . IS 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 
solemn occasions, ........ 26 

to enter objections, made by governor to passage of a bill or 

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

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

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

apportionment based upon legal voters, 46 

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

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

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

Soldiers and sailors, who have served in time of war, etc., not dis- 
qualified from voting on account of being paupers, . . 47 

Solicitor-general, 21 

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

State or body politic, entitled, — The Commonwealth of Massachusetts, 10 
Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the gov- 
ernor and council, 26 

not to hold certain other offices, 31, 36 

Sureties of bail, excessive, not to be required 9 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, 6,8 

Taxes, not to be levied without tlie 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 1)y law have in their offices, 

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

Tests abolished, 36 

Title of body politic : Tlie Commonwealth of Massachusetts, . . 10 

Title of governor to be, — His Excellency, 18 

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

Town clerlv, 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-general, to be chosen by tlie people annually 

in November 25, 26, 43 

to hold office for one year from third Wednesday in January 

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

next preceding election or appointment, ... . . 43 
no man eligible more than Ave years successively, . . . 25, 26 
in failiu-e 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, 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 ten 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 navy, . . 7 



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27, 28, 47 

Y. 

Vacancy in office of governor, powers to ])e exercised bj- lieutenant- 
governor, 24 

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

))e exercised by the council, 25 

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

advice of the council, 42, 47 

Vacancy in the senate to be filled bj' 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 l)y joint Ijallot 

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, ciualiflcations 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 thej^ have 

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

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

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

census of voters to l^e taken in 18(i5, and every tenth year after, 44, 46 

Votes, returns of 13, 19, 42, 43 

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

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, pnl)lic, tho ri^jlit and dutj' of all men, .... 4 

AVrit of habeas corpns, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspendetl by 
le£:islature, except for a limited time, .... 32 

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

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. 



1890. 



§@^ The Genei'al Court of 1890 assembled on Wednesday, the first 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 John Q. A. Brackett, and His Honor 
William H. Haile, on Thursday, the second day of January, in the pres- 
ence of the two Houses assembled in convention. 



ACTS AND RESOLYES. 



An Act making appropriatioxs for the compensation and njfffjy 1 

MILEAGE OF THE MEMBERS OF THE LEGISLATURE, FOR THE 
COMPENSATION OF OFFICERS THEREOF, AND FOR EXPENSES IN 
CONNECTION THEREWITH. 

Be it enacted by the Senate and House of Representatives in 
General Court assernbled, and by the authority of the same^ 
as follows : 

Sectiox 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 wit : — 

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

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

For compensation of representatives, one hundred and J-^t^J'^compen- 
eighty thousand seven hundred and fifty dollars. sation. 

For mileage of representatives, a sum not exceeding Mileage. 
twenty-five hundred dollars. 

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

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

For compensation of the assistant doorkeepers, post- Postmaster, 

. , J > 1 J T 1 messengers and 

master, messengers and pages to the senate and house pages. 
of representatives, a sum not exceeding twenty-four thou- 
sand one hundred dollars. 

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

For expenses in connection with the publication of a Legislative 
legislative bulletin of committee hearings, a sum not 
exceeding one thousand dollars. 

For the payment of postage and expressage on docu- Postage, etc., on 
ments sent to members of the general court, to include to members. 



1890. — Chapter 2. 



Summoning 
witnesses. 



Expenses of 
committees. 



expenses incurred in packing the same, a sum not exceed- 
ing fifteen hundred dollars. 

For expenses of summoning witnesses before com- 
mittees, and for fees for such witnesses, a sum not 
exceeding two hundred dollars. 

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

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

Approved January 28, 1890. 



(JJiaV. 2 -^^ ^^^ MAKING APPROPRIATIONS FOR THE MAINTENANCE OF THE 

GOVERNMENT FOR THE PRESENT YEAR. 

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



Clerks of 
senate and 
house. 

Assistant 
clerks. 



Additional 
clerical assist- 
ance. 



Sergeantat- 
arms. 

Clerk. 

Engineer. 

W^atchmen. 



Sergeant-at- 
arms' messen- 
gers. 



LEGISLATIVE DEPARTMENT. 

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

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

For such additional clerical assistance for the clerks of 
the senate and house of representatives as may be neces- 
sary for the despatch of public business, a sum not 
exceeding three thousand dollars. 

For the salary of the sergeant-at-arms, three thousand 
dollars. 

For the salary of the clerk of the sergeant-af-arms, 
eighteen hundred dollars. 

For the salary of the engineer at the state house, fif- 
teen hundred dollars. 

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

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



1890. — CiiAPTEu 2. 5 

For the salaries of the lirenian at the state house, and ?",\^|'t^,!'" ''"^ 
fireman and janitor at the Commonwealth building, nine 
hundred dollars each. 

For the salary of the assistant fireman at the state AsBistant fire- 
house, two dollars and one-half per day for each day em- """"■ 
})loyed. 

EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two Lieutenant gov- 
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 hundred 
dollars. 

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

For the salary of the executive clerk of the governor Executive cierk. 
and council, seventeen hundred dollars. 

For the salary of the messenger of the governor and ^lesaenger. 
council, one thousand dollars 

secretary's DEPARTMENT. 

For the salary of the secretary of the Commonwealth, secretary. 
thirty-five hundred dollars. 

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

For the salary of the second clerk in the secretary's second cierij. 
department, seventeen hundred dollars. 

For the salary of the third clerk in the secretary's xiiird cierk. 
department, fifteen hundred dollars. 

For a messenger and such additional clerical assistance Extra clerks 

,1 J. ii 1 J. T and messenger. 

as the secretary may fand necessary, a sum not exceedmg 
twelve thousand dollars. 

treasurer's department. 

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

For the salary of the first clerk in the treasurer's First cierk. 
department, twenty-five hundred dollars. 

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

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

For the salary of the third clerk in the treasurer's depart- Third cierk. 
ment, fourteen hundred dollars. 



6 



1890. — Chapter 2. 



Fund clerk. 



Receiving teller. 



Paying teller. 



Extra clerks. 



For the salary of the fund clerk in the treasurer's depart- 
ment, fourteen hundred dollars. 

For the salary of the receiving teller in the treasurer's 
department, fourteen hundred dollars. 

For the salary of the paying teller in the treasurer's 
department, fourteen hundred dollars. 

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



Deputy tax 
commissioner. 

First clerk. 



Second clerk. 



Extra clerks. 



TAX COMMISSIONER S DEPARTMENT. 

For the salary of the deputy tax commissioner, three 
thousand dollars. 

For the salary of the first clerk in the office of the 
deputy tax commissioner, two thousand dollars. 

For the salary of the second clerk in the office of the 
deputy tax commissioner, fifteen hundred dollars. 

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



Auditor. 



First clerk. 



Second clerk. 



Extra clerks. 



AUDITOR S DEPARTMENT. 

For the salary of the auditor of the Commonwealth, 
thirty-five hundred dollars. 

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

For the salary of the second clerk in the auditor's 
department, seventeen hundred dollars. 

For the salaries of the three extra clerks in the auditor's 
department, twelve hundred dollars each ; and for such 
additional clerical assistance as the auditor may find 
necessary, a sum not exceeding five hundred dollars. 



Attorney-gen- 
eral. 

First assistant. 



Second assist- 
ant. 



ATTORNEY-GENERALS DEPARTMENT. 

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

For the salary of the first assistant attorney-general, 
twenty-five hundred dollars. 

For the salary of the second assistant attorney-general, 
fifteen hundred dollars. 



1890. — Chapter 2. 



coM:nissioNErvS and others. 

For the salaiy of the chairman of the commissioners of of°™viif 8°°^" 
savings banks, thirty-tive hundred dollars. banks, chair. 

For the salaries ot the two associate commissioners ot Associate com- 
savings banks, three thousand dollars each. 

For the salary of the tirst clerk of the commissioners First cierk. 
of savings banks, tifteen hundred dollars. 

For the salary of the second clerk of said commissioners, second cierk. 
twelve hundred dollars. 

For the salaiy of the insurance commissioner, three insurance com. 

,-, 1 1 11 missioner. 

thousand dollars. 

For the salary of the deputy insurance commissioner, Deputy. 
twenty-five hundred dollars. 

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

For the salary of the second clerk of the insurance second cierk. 
commissioner, fifteen hundred dollars. 

For the salary of the third clerk of the insurance com- Third cierk. 
missioner, twelve hundred dollars. 

For such additional clerks and assistants as the insur- Extra clerks. 
ance commissioner may find necessary for the despatch of 
public business, a sum not exceeding eleven thousand nine 
hundred and eighty dollars. 

For the salary of the inspector of gas meters, two thou- inspectorof 

, , 1, gas meters. 

sand dollars. 

For the salary of the assistant inspector of gas meters, Assistant in- 

1111111 spector. 

twelve hundred dollars. 

For the salary of the secretary of the commissioners of o°™.^ons°°^c^ 
prisons, twenty-five hundred dollars. retary. 

For clerical assistance in the ofiice of the commissioners clerical assist- 
of prisons, a sum not exceeding twenty-five hundred '^°''^' 
dollars. 

For salaries of agents to the commissioners of prisons, Agents. 
twenty-four hundred dollars. 

For the salary of the ag-ent for aiding discharged female Agent for dis. 

<J O . 1111 charged female 

prisoners, a sum not exceeding seven hundred and seventy- prisoners. 
five dollars. 

For the salaries of the railroad commissioners, eleven Railroad com- 

- 1 1 11 missioners. 

thousand dollars. 

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

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



1890. — Chapter 2. 



Assayer and in- 
spector of 
liquors. 

Bureau of sta- 
tistics of labor; 
cliief. 

First clerk. 



Second clerk. 



Additional as- 
sistance and 
expensos. 



Statistics of 
manufactures. 



Commissioner 
on state aid. 

Clerical assist- 
ance and ex- 
penses. 



Harbor and 
land commis- 
sioners. 

Engineer and 
assistants. 



Civil service 
commission. 



Gas comrais- 
sioners. 



Controller of 
county ac- 



Board of arbi- 
tration. 



Commissioner 
of foreign cor- 
porations. 



For the salar}^ of the assayer and inspector of liquors, 
twelve hundred dollars. 

For the salary of the chief of the bureau of statistics of 
hibor, twenty-five hundred dollars. 

For the salary of the first clerk in the bureau of statistics 
of labor, eighteen hundred dollars. 

For the salary of the second clerk in the bureau of 
statistics of lalior, fifteen hundred dollars. 

For such additional assistance, and for such expenses 
of the bureau of statistics of labor as may be necessary, a 
sum not exceedino; five thousand dollars. 

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

For the salary of the third commissioner on state aid, 
eighteen hundred dollars. 

For clerical assistance, salary and expenses of agents, 
and other necessary expenses of the commissioners on 
state aid, a sum not exceeding six thousand two hundred 
and forty dollars. 

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

For the compensation and expenses of the engineer, 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- 
vice commission, three thousand dollars ; and for the 
salary of the secretary of said commission, two thousand 
dollars. 

For the salaries of the gas commissioners, eight thou- 
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, 
twenty-five hundred dollars ; and for the salaries of the 
clerks of the controller of county accounts, three thousand 
dollars. 

For the salaries of the members of the state board of 
arbitration, six thousand dollars ; and for the salary of 
the clerk of said board, a sum not exceeding one thousand 
dollars. 

For the compensation of the commissioner for the 
supervision of foreign corporations engaged in the busi- 



189(>. — Chaptek 2. 9 

ness of sellino" or nesotiatins: bonds, mortoaojes, notes or 
other ehoses in action, three thousand dollars. 

For the salary of the state pension agent, two thousand Tension agent. 
dollars. 

For the salary of the secretary of the state board of Secretary!'''*'"'' 
health, three thousand dollars. 

For the salary of the commissioner on public records commissioner 
of parishes, towns and counties, two thousand dollars. record's."' 

For clerical services, rent, postao;'e, printing, travelling ciencai services 

■,., Cii •• 'iDd expenses. 

and other necessary expenses ot the commissioner on 
public records of parishes, towns and counties, a sum not 
exceedino; two thousand dollars. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the state board of ^"^""^ "^ ''sn- 

•^ ^ •' culture, secre- 

agriculture, twenty-nve hundred dollars. tary. 

For the salary of the clerk of the secretary of the state cierk. 
board of agriculture, twelve hundred dollars. 

For other clerical assistance in the ofEce of the secre- ciencai assist- 
tary of the state board of agriculture, and for lectures ^^'^^' 
before the board at its annual and other meetings, a sum 
not exceeding eight hundred dollars. 

EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the Board of edu- 
state board of education, three thousand four hundred tary°°' ^'^'^'^'^ 
dollars, to be paid out of the moiety of the income of 
the Massachusetts school fund applicable to educational 
purposes. 

For the salary of the assistant librarian and clerk of ^^^ ^'^"^ "'^''■»- 
the state board of education, twenty-five hundred dollars. 

For such clerical assistance in the state library as may clerical assist- 
be found necessary, a sum not exceeding twenty-five '*"*'^' 
hundred dollars. 

For the purchase of books for the state library, five Purchase of 
thousand dollars. ^°°'"'' 



MILITARY DEPARTMENT. 



For the salary of the adjutant-general, thirty-six hun- Adiutant-gen. 
dred dollars.* " ^'■'''• 

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



10 



1890. — Chapter 3. 



Second clerk. 



Additional 
clerlj. 



Extra clerks. 



Additional 
clerical assist- 
ance. 

Employees at 
arsenal. 

Surgeon-gen- 
eral. 



Military and 
naval historian. 



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

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

For the salaries of the two extra clerks in the adju- 
tant-general's department, twelve hundred dollars each. 

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

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

For the salary of the surgeon-general, twelve hundred 
dollars. 

For the salary of the state military and naval historian, 
two thousand dollars, and for necessary expenses of said 
historian, a sum not exceeding five hundred dollars. 



MISCELLANEOUS. 

ftatrrecoi'dl "^ For the arrangement and preservation of state records 

and papers. ^^^ papcrs uudcr the direction of the secretary of the 

Commonwealth, a sum not exceeding five thousand dollars. 

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

Approved January 28, 1890. 

Ghctp. 3 An Act making appropriations for the maintenance of the 

JUDICIAL DEPARTMENT OF THE GOVERNMENT DURING THE PRES- 
ENT TEAR. 

Be it eyiacted, etc., as follows: 

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



Appropriations. 



Supreme judi- 
cial court. 



Clerk. 



Reporter. 



SUPREME JUDICIAL COURT. 

For the salary of the clerk of the supreme judicial 
court, three thousand dollars. 

For the salary of the reporter of decisions of the 
supreme judicial court, four thousand dollars, and for 
clerk hire and incidental expenses of the reporter, one 
thousand dollars. 



1890. — Chapter 3. 11 

For the salaries of the officers and messenger of the officers and 
supreiiu' judicial court, sixteen hundred dollars. mesBenger. 

For the salary of the clerk of the supreme judicial court f;^'e'-k for 
for the county of Sutiblk, fifteen hundred dollars. 

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



SUPERIOR COURT. 

For the salary of the chief iustice of the superior court, superior court, 

,.,•;, *' ^ chief justice. 

SIX thousand dollars. 

For the salaries of the tnirteen associate justices of the Associate jus- 
superior court, seventy-one thousand live hundred dollars. 



COURTS OF PROBATE AND IXSOLVENCY. 

For the salary of the judge of probate and insolvency Judges, probate 
for the county of Suffolk, five thousand dollars. Suffolk? ^'^°'^^' 

For the salary of the judge of probate and insolvency Middlesex. 
for the county of Middlesex, four thousand dollars. 

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

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

For the salary of the judge of prol)ate and insolvency Norfolk. 
for the county of Norfolk, twenty-fivp hundred dollars. 

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

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

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

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

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

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

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

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

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



12 



1890. — Chapter 3. 



Registers, — 
Suffolk. 



Middlesex. 

Worcester. 

Essex. 

Norfolk 

Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 

Frankliu. 

Barnstable. 

Nantucket. 

Dukes County. 



Afsistant reg- 
isters, — 
Suffolk. 

Middlesex. 



Worcester. 



Essex. 



Norfolk. 



Clerk,— 
Suffolk. 



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

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

For the salary of the register of probate and insolveuc}'^ 
for the county of Worcester, two thousand dollars. 

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

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

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

For the salary of the regi-ster of probate and insolvency 
for the county of Plymouth, fifteen hundred dollars. 

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

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

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

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

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

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

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

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

For the salary of the assistant register of probate and 
insolvency for the county of Middlesex, 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 
insolvency for the county of Essex, eighteen hundred 
dollars. 

For the salary of the assistant register of probate and 
insolvency for the county of Norfolk, eleven hundred dollars. 

For the salary of the clerk to the register of probate 
and insolvency for the county of Sufiblk, twelve hundred 
dollars. 



1890. — Chapter 3. 13 

For extra clerical assistance to the reoister of probate clerical aspist- 
and insolvency for the county of Suffolk'; lifteen hundred ""««•- s»ffoik. 
dollars. 

For extra clerical assistance to the register of pi'obate Middlesex. 
and insolvency for the county of Middlesex, a sum not 
exceeding hfteen hundred dollars. 

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

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

For extra clerical assistance to the register of probate Hampshire. 
and insolvency for the county of Hampshire, for the pur- 
pose of arranging and indexing the tiles and records in his 
office, a sum not exceeding six hundred dollars. 

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

For extra clerical assistance to the courts of probate and ^^\''f clerical 

• 1 1 • f ^ /-{ 11 assistance in 

insolvency m the several counties ot the Commonwealth, ihc several 
a sum not exceeding sixty -four hundred dollars. 

For expenses of courts of probate and insolvency, a sum Expenses. 
not exceeding two thousand dollars. 

DISTRICT ATTORNEYS. 

For the salary of the district attorne}'^ for Suffolk dis- District attor- 
trict, five thousand dollars. nay,- Suffolk. 

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

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

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

For the salary of the district attorney for the northern District attor- 
district, twenty-four hundred dollars. ern'ciTstri'ct. 

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

For the salary of the district attorney for the south- south-eastern 

district. 

eastern district, twenty-one hundred dollars. 

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

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



14 



1890. — Chapter 4. 



Western dis- 
trict. 



North-western 
district. 



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

For the salary of the district attorney for the north- 
western district, thirteen hundred and fifty dollars. 

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

Approved January 28, 1890. 



GhClV' 4 ^^ ^^^ MAKING APPROPRIATIONS FOR CERTAIN ALLOWANCES 
AUHORIZED BY THE LEGISLATURE AND FOR CERTAIN OTHER 
EXPENSES PROVIDED FOR BY LAW. 



Appropriations. 



Wrecks, etc., in 
tide-waters. 



Agricultural 
experimental 
station. 



Agricultural 

college,— 

scholarships. 



Labor fund, etc. 



School for the 
feeble-minded. 



School for the 
blind. 



School superin- 
tendents. 



Institute of 
Technology. 

School for the 
feeble-minded, 
— buildings in 
Waltham. 



Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, 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 agricultural college, the sum of 
ten thousand dollars, to be expended under the direction 
of the trustees, for the following purposes, to wit : — five 
thousand dollars for the establishment of a labor fund 
to assist needy students of said college, and five thousand 
dollars to provide the theoretical and practical education 
required by its charter and the law of the United States 
relating thereto. 

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 thousand five 
hundred dollars. 

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

For the erection of buildings in the city of Waltham 
for the use of the Massachusetts school for the feeble- 



1890. — Chapters 5, 6. 15 

minded, ;i sum not exceeding seventy-five thousand dollars, 
beinii' in addition to the sums appropriated by chapter 
four^ hundred and forty-three of the acts of the year 
eighteen hundred and eighty-eight and chapter six of the 
acts of the year eighteen hundred and eighty-nine, the 
unexpended balances of which are hereby re-appropriated. 

For the purchase of a site for a new school building or for Normal Bchooi 
the enlargement of the present site and for the erection of a west'seld" 
new school building for the state normal school in the town 
of Westfield, a sum not exceeding seventy-five thousand 
dollars. Toeing in addition to the amount appropriated by 
chapter four hundred and seventy-two of the acts of the 
year eighteen hundred and eighty-nine, the unexpended 
balance of which is hereby re-appropriated. 

For remodelling and enlarging the state normal school ?J°Brid ewat^e'r 
in the town of Bridgewater and for the erection of a new 
building for school purposes, a sum not exceeding seventy- 
five thousand dollars, being in addition to the amount 
appropriated by chapter four hundred and seventy-two of 
the acts of the year eighteen hundred and eighty-nine, the 
unexpended balance of w^hich is hereby re-appropriated. 

For salaries and expenses in connection with the inspec- inspection of 
tion of milk, food and drugs, a sum not exceeding ten ™' '^'^' 
thousand dollars. 

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

Approved February 4, 1890. 

An Act to change the name of the russell and brown QJidj)^ 5 

COMPANY. 

Be it enacted^ etc., as folloios : 

Section 1. The name of the Russell and Brown Com- Name changed 
pany is hereby changed to Bay State Knitting Company. KnittfngCom- 
Section 2. This act shall take effect upon its passage, p'"'^' 

Approved February 4, 1890. 

An Act to further amend the charter of the mutual boiler (JJinj) Q 

INSURANCE COMPANY OF BOSTON. 

Be it enacted., etc., as folloivs : 

Section 1. Section one of chapter one hundred and ^^g^^g^, 
twenty-four of the acts of the year eighteen hundred and 
seventy-seven is hereby amended by striking out the 
words " other than by fire", in the seventh line of said 
section, and inserting in place thereof the words: — to 
property of the assured, or loss or damage to the life, 



16 



1890. — Chapters 7, 8. 



Corporators. 



Name and 
purpose. 



Powers and 

duties. 



person or property of another, for which the assured is 
liable, caused, — so that said section shall read as follows : 
—Section 1. C. C. Walworth, Alfred H. Hall, Frederick 8. 
Cabot, D. D. Crombie, F. Ernest Cabot, their associates 
and successors, are hereby made a corporation by the 
name of the Mutual Boiler Insurance Company of Boston, 
to be located in the city of Boston, for the purpose of 
insuring property upon the mutual principle, against loss 
or damage to property of the assured, or loss or damage 
to the life, person or property of another for which the 
assured is liable, caused by the explosion of steam boilers ; 
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 relating 
to mutual fire insurance companies, so far as the same are 
applicable to this class of insurance and except as herein- 
after provided. 

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

Approved February 4, 1890. 



Chap. 7 



Name changed 
to the Nantas- 
ket Beach 
Steamboat 
Company. 



An Act to change the name of the hingham, hull and 
downer landing steamboat company. 

Be it enacted, etc., as follows: 

Section 1. The name of the Hingham, Hull and 
Downer Landing Steamboat Company, a corporation 
organized under the general laws of the Commonwealth of 
Massachusetts, is hereby changed to the Nantasket Beach 
Steamboat Company. * 

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

Approved February 6, 1890. 



ChCLV' 8 -^^ ^^^ MAKING APPROPRIATIONS FOR PRINTING AND BINDING PUB- 
LIC DOCUMENTS, PURCHASE OF PAPER, PUBLISHING LAWS, AND 
PREPARING TABLES AND INDEXES RELATING TO THE STATUTES. 

Be it enacted, etc., as follows: 

Appropriations. Section 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 purposes 
specified, to meet expenses for the year ending ou the 
thirty-first day of December in the year eighteen hundred 
and ninety, to wit : — 

Printing and YoY printins: and bindins: the series of public docu- 

binding public I i-^ e r> i /-i 

documents. mcuts, uudcr the direction ot the secretary of the Com- 



1890.— Chapter 8. 17 

momvcalth, a sum not exceeding thirty-eight thousand 
dollars. 

For printing the ])an)phlet edition of the acts and i>mpwetedi- 

tlOll 01 QCtS QDu 

resolves of the present year, for distribution in the Com- resolves. 
mon wealth, a sum not exceeding twenty-five hundred 
dollars. 

For printing and binding the blue l)ook edition of the niuebook 
acts and resolves of the present year, with the governor's aJ!d're"oives'^ 
message and other matters in the usual form, a sum not 
exceeding five thousand dollars. 

For the newspaper publication of the general laws and Newspaper 
all information intended for the public, a sum not exceed- iaw8,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 b^fo^faud 
towns by the secretary of the Commonwealth, a sum not blanks. 
exceeding one thousand dollars. 

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

For the purchase of paper for the Commonwealth, used pj^j^ung'^ ^*^^* 
in the execution of the contract for the state printing, 
under the direction of the secretary of the Commonwealth, 
a sura not exceeding thirty thousand dollars. 

For preparation of tables and indexes relating to the Tables and in- 
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 p,°if,^';^gand 
house of representatives, or by concurrent order of the binding. 
two branches, a sum not exceeding twenty-four thousand 
five hundred dollars. 

For printing and distributing ballots at the public Printingand 
expense, cast in elections for national, state, district and bauots"'"^^ 
county ofiicers, in the cities and towns in the Common- 
wealth, a sum not exceeding fifteen thousand dollars. 

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

Approved February 6, 1890. 



18 



1890. — Chapteks 9, 10. 



ChctV. 9 ^^ ^'^'^ '^^ AUTHORIZE THE MUSIC HALL ASSOCIATION OF WORCES- 
TER TO CHANGE ITS CORPORATE NAME AND TO INCREASE ITS 
CAPITAL STOCK. 

Be it enacted^ etc. , as folloios : 

Section 1. The name of the Music Hall Association 
of Worcester, incorporated by chapter one hundred and 
twenty-five of the acts of the 3'ear eighteen hundred and 
sixty-eight, is herel)y changed to the Worcester Theatre 
Association. 

Section 2. Said association is hereby authorized to 
increase its capital stock by issuing, in addition to the 
amount of capital stock already authorized to be issued, 
an amount not exceeding twenty thousand dollars, so that 
the authorized capital of said association shall be seventy 
thousand dollars. 

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

Approved February 6, 1890. 



Name changed 
to Worcester 
Theatre Asso- 
ciation. 



May increase 
capital stock. 



Chap. 10 



Appropriations. 



Militia, — 
compensation. 



Transportation. 



Incidental, etc. 
expenses. 



Rent of armo- 
ries, etc. 



Quartermasteri- 

supi)lieB. 



An Act making appropriations for compensation and mileage 
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- 
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 j^ear ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety, to wat : — 

For compensation of officers and men of the volunteer 
militia, a sum not exceeding one hundred and five thou- 
sand dollars. 

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

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

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

For quartermasters' supplies, a sum not exceeding six- 
teen thousand dollars. 



1890. — Chapter 11. 19 

For incidental and contin"ent expenses of the quarter- incidental, etc., 

^ 1 • /• expenses. 

master-generals department, a sum not exceeduig tive 
thousand dollars. 

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

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

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

For incidental and continoent expenses of the surgeon- incidental, etc., 

T/»iTiiii expenses. 

general, a sum not exceedmg five hundred dollars. 

For expenses in connection with the record of Massa- Record of saii- 
chusetts onicers, sailors and marines, a sum not exceeding marines. 
two thousand dollars. 

Any sums of money received under the provisions of proceeds o°f °^ 
section eighty-seven of chapter four hundred and eleven camp gfomtd^.*^ 
of the acts of the year eighteen hundred and eighty-seven, 
and from the sale of grass at the state camp ground during 
the year eighteen hundred and ninety, may be expended 
1)y the quartermaster-general during the present year, 
under the direction of the governor and council, for the 
construction and repairs of buildings or other structures. 

Sectiox 2. This act shall take efi'ect upon its passage. 

Approved February 7, 1890. 

An Act making appropriations for deficiencies in appropkia- Qhnj)^ W 

TIONS FOR CERTAIN EXPENSES AUTHORIZED IN THE YEAR EIGHT- 
EEN HUNDRED AND EIGHTY-NINE AND PREVIOUS YEARS. 

Be it enacted, etc., as follows: 

Sectiox 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of certain expenses in excess of appropriations therefor 
in the year eighteen hundred and eighty-nine and previous 
years, to wit : — 

For printini>: and binding: public documents, under the Printing and 

biDciini^ puulic 

direction of the secretary of the Commonwealth, the sum documents. 
of eight thousand three hundred and forty dollars and 
sixty-seven cents. 

For printing and binding the blue book edition of the Blue book 
acts and resolves for the year eighteen hundred and eighty- and resolves. 



20 



1890. — Chapteks 12, 13. 



Special laws. 



Volunteer 
militia. 



Commissioners 
of savings 
banks. 



Commissioners 
of prisons. 



Agent for dis- 
charged female 
convicts. 



Lyman school 
for boys. 



nine, the sum of one hundred and sixty-six doHars and 
fifty-seven cents. 

For the publication of certain special laws, the sum of 
two hundred and seventy-nine dollars and one cent. 

For compensation of officers and men of the volunteer 
militia, the sum of five thousand nine hundred and eight- 
een dollars and seventy-one cents. 

For travelling and incidental expenses of the commis- 
sioners of savings banks, the sum of two hundred and 
ninety-two dollars and fifty-four cents. 

For travelling and incidental expenses of the commis- 
sioners of prisons, the sum of three hundred and nineteen 
dollars and twenty-three cents. 

For expenses of the agent for aiding discharged female 
convicts, the sum of one hundred and seventy dollars and 
forty-five cents. 

For current expenses at the Lyman school for boys, the 
sum of twelve hundred and seventy-six dollars and ninety- 
six cents. 

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

Ajyproved February 7, 1890. 

ChCip. 12 -^^ -^CT MAKING AN APPROPRIATION FOR THE COMMONWEALTH'S 

FLATS IMPROVEMENT FUND. 

Be it enacted., etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purpose 
specified, to wit : — 

For the Commonwealth's flats improvement fund, for 
the purpose of continuing the improvements in the Com- 
monwealth's flats at South Boston, a sum not exceeding 
one hundred and twenty-seven thousand dollars. 

Section 2. This act shall take eft'ect upon its passage. 

Approved February 7, 1890. 



Appropriation. 



Common- 
wealth's fiats 
improvement 
fund. 



ChdV. 13 ^^ ^^'^ MAKING AN APPROPRIATION FOR THE PRISON AND HOSPI- 
TAL LOAN SINKING FUND. 

Be it enacted, etc. , as follows : 
Appropriation. 'jj^g g^jj hereinafter mentioned is appropriated, to be 
paid out of the treasury of the Commonwealth, from the 
ordinary revenue, for the purpose specified, to wit : — 
pitaMoan^shi°k." "^o^' ^^^® prisou and hospital loan sinking fund, the sum 
iugfuud. of sixty thousand dollars. Ai^iiroved February 7, 1890. 



1890. — Chapters 14, 15, IG. 21 



An Act to changk the name of the mutual gas light com- Q/idp^ 14 

PANY OF SOUTIIBRIDGE. 

Be it enacted, etc., as folloics: 

Section 1. The name of the Mutual Gas Light Com- Name changed 
pany of Southl)ricl<ie, organized April twenty-first in the bridge Gas and 
year eighteen hundred and seventy-one under the general pany."""" ^°^' 
laws of the Commonwealth, is hereby changed to the 
Southbridge Gas and Electric Company. 

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

Approved February 7, 1890. 

An Act to AUTnoh'izR the town of avon to make an audi (JIkij)^ 15 

TIONAL water LOAN. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Avon, for the purposes May make an 
mentioned in section five of chapter two hundred and water°oan. 
thirtj-six of the acts of the year eighteen hundred and 
eighty-nine, may issue bonds, notes or scrip, from time 
to time, to be signed by the treasurer of the town and 
countersigned by the water commissioners, and to be 
denominated on the face thereof Avon Water Loan, to 
an amount not exceeding twenty-five thousand dollars, in 
addition to the amount in said act authorized to be issued, 
upon like terms and conditions and with like powers in 
all respects as are provided in said act for the issue of 
securities of Avon water loan by said town: provided, Amount in the 

•^ -^ . whole not to 

that the whole amount of such water bonds, notes or scrip exceed $55,000. 
issued by said town under the authority given by this act 
and by all other acts shall not exceed the amount of fifty- 
five thousand dollars. 

Section 2. This act shall take eifect if accepted within subject to ac 
one year from the date of its passage by a vote of two- tw^^wTds wte, 
thirds of the legal voters of said town, present and voting year!"°"^ 
thereon at a legal meeting called for that purpose. 

Approved February 7, 1890. 

An Act to change the name of the dorchester yacht club. (JJ^dp^ \Q 
Be it enacted, etc., as follows : 

Section 1. The name of the Dorchester Yacht Club, Name changed 

,, .-, iji II /?to the Massa- 

a corporation duly organized under the general laws or chusetts Yacht 
this Commonwealth, is hereby changed to the Massachu- ^'"^' 
setts Yacht Club. 

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

Approved February 7, 1890. 



22 



1890. — Chapter 17 



Chtt'D. 17 "^^ '^^^ MAKING APPROPRIATIONS FOR SUNDRY CHARITABLE 

EXPENSES. 

Be it enacted, etc., as foUoivs : 
Appropriations. Section 1. TliG sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the 
Commonwealth, from the ordinary revenue, for the pur- 
poses specified, to meet sundry charitable expenses for 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety, to wit : — 



Board of lunacy 
and chanty. 



In-door poor. 



Out-door poor. 



Inspector. 



Auxiliary 
visitors. 



STATE BOARD OF LUNACY AND CHARITY. 

For expenses of the board, including travelling and 
other expenses of the members, necessary legal expenses, 
and salary and expenses of the clerk and auditor, a sum 
not exceeding forty-five hundred dollars. 

For salaries and expenses in the department of in-door 
poor, a sum not exceeding thirty-three thousand five hun- 
dred dollars. 

For salaries and expenses in the department of out-door 
poor, a sum not exceeding nineteen thousand nine hundred 
dollars. 

For salaries and expenses in the department of the 
inspector of institutions, a sura not exceeding ten thousand 
five hundred dollars. 

For travelling and other necessary expenses of the 
auxiliary visitors of the state board of lunacy and charity, 
a sum not exceeding fifteen hundred dollars. 



Transportation 
of state pau- 
pers. 

Transportation 
to state alms- 
house. 

State i)auper8 
in lunatic hos- 
pitals, etc. 



Cases of settle- 
ment and 
bastardy. 



MISCELLANEOUS CHARITABLE. 

For the transportation of state paupers, a sum not 
exceeding sixteen thousand dollars. 

For transportation of state paupers to the state alms- 
house, a sum not exceeding seven hundred dollars. 

For the support and relief of state paupers in state 
lunatic hospitals and asylums of the Commonwealth, and 
of state lunatic paupers boarded out in families, a sum 
not exceeding one hundred and forty-eight thousand 
dollars. 

For expenses attending the management of cases of 
settlement and bastardy, a sum not exceeding one thousand 
five hundred dollars. 



1890. — Chapter 18. 23 

For the care and maintenance of indigent and neglected J,e'^,!ec"e/chii 
children and juvenile offenders, a sum not exceeding six- dren. 
teen thousand dollars. 

For the support of state paupers in the ^Massachusetts stute paupers 
school for the feeble-minded, and the hospital cottages for thefeeWe°° °' 
children at Bakhvinsville, a sum not exceeding six thou- """^ed, etc. 
sand dollars. 

For the support of sick state paupers by cities and ^j^^f f^g'® 
towns, a sum not exceeding fifty thousand dollars, which 
is hereby made applicable for the payment of claims for 
the present and previous years. 

For the burial of state paupers, a sum not exceeding Burial of state • 

ii 1 1 H paupers. 

seven thousand dollars. 

For temporary aid for state paupers and shipw^-ecked Temporary 

. . "^ <• 1 1 • support. 

seamen, by cities and towns for the present and previous 
years, a sum not exceeding sixteen thousand dollars. 

For the support and transportation of pauper infants Pauper in- 
having no known settlement in this Commonw'ealth, to ^° *' ^ °' 
include inffints in the infant asylums, a sum not exceeding 
fifteen thousand dollars. 

For expenses incurred in connection with small-pox Dangerous dis- 
and other diseases dangerous to the public health, a sum '^^^^^' 
not exceeding three thousand dollars, which is hereby 
made applicable for the payment of claims for the present 
and previous years. 

For expenses incurred in connection with medical ex- Medical exam- 
aminations and inquests, a sum not exceeding thirty-five jnqJests.''" 
hundred dollars. 

For annuities due from the Commonwealth, incurred by johonnotannui- 
the acceptance of the bequest of the late Martha Johonnot, 
a sum not exceeding six hundred dollars. 

For annuities to soldiers and others, authorized by the Annuities to 
legislature, a sum not exceeding thirty-four hundred and gai'fo'rs'^.* '^"'^ 
six dollars. 

For pensions, a sum not exceeding five hundred and Pensions. 
twenty dollars. 

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

Approved February 7, 1890. 

An Act making appropriations for certain educational (Jhnj) 1g 

EXPENSES. 

Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, except as herein 



24 



1890. — Chapter 18. 



State normal 
echools. : 



State normal art 
^chool. 



Teachers' insti- 
tutes. 



County teach- 
ers' associa- 
tions. 



Massachusetts 
teachers' asso- 
ciation. 



Board of edu- 
cation, — sala- 
ries, etc , of 

agents. 

Incidental ex- 
penses. 



Dukes County 
teachers' asso- 
ciation. 

Pupils in state 
normal schools. 



Travelling ex- 
penses of board. 



Deaf'pupils. 



provided, to meet expenses for the year ending on the 
thirtj^-first day of December in the 3'ear eighteen hundred 
and ninety, to wit : — 

For the support of state normal schools, a sum not 
exceeding seventy-four thousand nine hundred and twenty- 
four 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 two hundred dollars, to 
be paid out of the moiety of the income of the Massachu- 
setts school fund applical)le 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 sura 
not exceeding three hundred dollars, to be paid out of the 
moiety of the income of the Massachusetts school fund 
applicable to educational purposes. 

For the Massachusetts teachers' association, the sum of 
three hundred dollars, to be paid out of the moiety of the 
income of the Massachusetts school fund applicable to 
educational purposes, subject to the approval of the state 
board of education. 

For salaries and expenses of the agents of the state 
board of education, a sum not exceeding seventeen thou- 
sand two hundred dollars. 

For incidental expenses of the state board of education, 
and of the secretary thereof, a sum not exceeding twelve 
hundred dollars. 

For the Dukes County teachers' association, the sum of 
fifty dollars. 

For aid to pupils in state normal schools, a sum not 
exceeding four thousand dollars, payable in semi-annual 
payments, to be expended under the direction of the state 
l3oard of education. 

For travelling and other necessary expenses of the state 
board of education, a sum not exceeding four hundred 
dollars. 

For the education of deaf pupils of the Commonwealth, 
in the schools designated l)y law, a sum not exceeding 
thirty-two thousand dollars. 



1890. — Chapters 19, 20. 25 



For contingent expenses of the state library, to be coutinKentex- 
expended under the direction of tlic trustees and librarian, ubrary." 
a sum not exceeding eight hundred dollars. 

The income of 'the'llogers book fund, of the Todd S^udTodd 
normal school fund, and of the two technical educational "oimai school 
funds, shall be expended in accordance with the provisions 
of the various acts relating thereto. 

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

Approved Febriiary 7, 1890. 

An Act to authokize the Arlington mills to increase its QJidj) 19 

CAPITAL STOCK. 

Be it enacted, etc., as folloivs: 

Section 1. The Arlington Mills, a corporation located ^pftl" stock! 
in the city of Lawrence, is hereby authorized to increase 
its capital stock to an amount not exceeding two million 
dollars, subject to the provisions of the general laws regu- 
lating the issue and payment of capital stock of such 
corporations. 

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

Approved February 12, 1890. 

An Act to authorize the town of Clinton to make an Hhrij) 20 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Clinton, in addition to the May make an 
amount of notes, bonds and scrip authorized by section wat'er°ioan. 
four of chapter ninety-eight of the acts of the year eight- 
een hundred and seventy-six, and section three of chap- 
ter fourteen of the acts of the year eighteen hundred and 
eighty-two, and section one of chapter one hundred and 
fourteen of the acts of the year eighteen hundred 
and eighty-four, is hereliy authorized to issue a further 
amount of notes, bonds and scrip, not exceeding the sum 
of fifty thousand dollars, in accordance with the provisions 
of the acts herein referred to and for the purposes named 
therein. 

Section 2. This act shall take effect upon its accept- subject to ac 

*■ ccpt3.ncG ov fl 

ance l)y the vote of two-thirds of the legal voters of the two-thirds vote, 
town of Clinton, present and voting thereon at a legal months"^ 
meeting called for that purpose within six months from 
the date of its passage. Approved February 12, 1890. 



26 



1890. — Chapters 21, 22. 



Chap. 21 



Appropriations. 



Genera! super- 
intendent of 
prisons. 

Clerical assist- 
ance. 

Incidental and 
contingent ex- 
penses. 



Travelling ex- 
penses. 

Industries at 
state prison. 



Industries at 

Massachusetts 

reformatory. 

Reformatory 
prison for 
women. 



An Act making appropriations for carrying out the pro- 
visions OF THE ACT RELATIVE TO THE EMPLOYMENT OF PRIS- 
ONERS IN THE PRISONS OF THE COMMONWEALTH. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the 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 [)risoners 
in the various prisons of the Commonwealth, during the 
year eighteen hundred and ninety, to wit : — 

For the compensation of the general superintendent of 
prisons, thirty-five hundred dollars. 

For clerical assistance to the general superintendent of 
prisons, a sum not exceeding one thousand dollars. 

For incidental and contingent expenses of the general 
superintendent of prisons, to include rent of office, a sum 
not exceeding fifteen hundred dollars. 

For travelling expenses of the general superintendent 
of prisons, a sum not exceeding four hundred dollars. 

For maintaining industries at the state prison at Boston, 
a sum not exceeding two hundred and twenty thousand 
dollars. 

For maintaining industries at the Massachusetts reform- 
atory, a sum not exceeding thirty thousand dollars. 

For maintaining industries at the reformatory prison 
for women, a sum not exceeding five thousand dollars. 

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

Approved February 12, 1890. 



Chap. 22 ^N Act TO INCORPORATE THE MARBLEHEAD BUILDING ASSOCIATION 

IN MARBLEHEAD. 



Marblehead 
Building Asso- 
ciation, incor- 
porated. 



Be it enacted, etc., as folloivs: 

Section 1. Thomas W. Tucker, Knott V. Martin, 
Franklin Reynolds, William Reynolds, William A. La.s- 
key, Beniamin J. Lind.sey, AYilliam D. T. Trefrv, Henry 
F. P. Wilkins; Everett Paine, John Colley and M. V. B. 
Morse, their associates and successors, are hereby made a 
corporation for the term of thirty years from the date of 



1890.— CiiAPTEKS 23, 24 27 

the passage of this act, by the name of the Marhlehead 
BuildiiiiT Association ; with authority to purchase and hold 
hind, not excecdino- six acres, within the limits of the 
town of ]Marhlehead, in the county of Essex ; and to erect 
and maintain huildinas thereon of l)rick, wood or stone 
for manufacturing and business purposes ; and with au- 
thority 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 Public 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 an^f^hlires?^ 
be fifteen thousand dollars, divided into shares of ten 
dollars each ; and may be increased from time to time to 
an amount not exceeding fifty thousand dollars. 

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

Approved February 12, 1890. 

An Act to authorize the boston ano maine railroad to (JJidj)^ 23 

ACCEPT AN ASSIGNMENT OF A LEASE OF THE NORTHERN RAIL- 
ROAD TO THE BOSTON AND LOWELL RAILROAD CORPORATION. 

Be it enacted, etc., as foUoivs : 

Section 1. The Boston and Maine Railroad is hereby Boston and 
authorized to accept an assignment of the lease of the may accept an 
Northern Railroad to the Boston and Lowell Railroad rhefea^Hnhi 
Corporation, dated the thirtieth day of December, eighteen ^oad'toThf"''" 
hundred and eiohty-nine, and to assume and perform the LoweiiRaii- 

1 !• • 1 1 c road. 

obligations and covenants thereof. 

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

Approved February 12, 1890. 

An Act to change the name of the monroe college op {JJiQrr)^ 24 

ORATORY. 

Be it enacted., etc., as folloios : 
Section 1. The name of the Monroe College of Oratory, Name changed 

, , , P , r" J 1 • to the Emerson 

a corporation organized under the general laws ot tins coiiegeof 
Commonwealth, September twenty-first, eighteen hundred '^'°^^- 
and eighty-six, is hereby changed to the Emerson College 
of Oratory. 

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

Approved February 12, 1890. 



28 



1890. — Chapter 25. 



Chap. 25 -^N ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 
AT THE STATE PRISON, MASSACHUSETTS REFORMATORY, THE 
REFORMATORY PRISON FOR WOMEN, AND FOR EXPENSES IN CON- 
NECTION THEREWITH. 



Appropriations. 



State prison, - 
salaries and 
expenses. 



Massacliusetts 
reformatory, — 
salaries and ex- 
penses. 



Reformatory 
prison for 
women, — sal- 
aries and wastes. 



Prison for 
women, — 
removing pris- 
oners. 

Massachusetts 
reformatory, — 
removing pris- 
ouers. 

Support of pris 
oners removed. 



Prisoners re- 
moved from the 
Massachusetts 
reformatory. 

Aiding convicts 
discharged from 
stale prison. 



Be it enacted^ etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninet}^ to wit : — 

For the payment of salaries and wages at the state 
prison at Boston, a sum not exceeding sixty-three thousand 
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 Massachu- 
setts reformatory at Concord, a sum not exceeding sixty- 
nine thousand dollars ; and for other current expenses at 
said institution, a sum not exceeding ninety-six thousand 
dollars. 

For the payment of salaries and wages at the reforma- 
tory prison for women at Sherborn, a sum not exceeding 
twenty-four thousand dollars ; and for other current ex- 
penses at said institution, a sum not exceeding thirty-two 
thousand dollars. 

For expenses incurred in removing prisoners to and 
from the reformatory prison for women, a sum not exceed- 
ing two hundred dollars. 

For expenses incurred in removing prisoners to and 
from the Massachusetts reformatory, a sum not exceeding 
six hundred dollars. 

For supporting prisoners removed from the reformatory 
prison for women, a sum not exceeding two hundred 
dollars. 

For supporting prisoners removed from the Massachu- 
setts reformatory, a sum not exceeding two hundred 
dollars. 

For the salary of the agent for aiding convicts discharged 
from the state prison, one thousand dollars ; and for ex- 
penses of said agent, a sum not exceeding three thousand 
dollars, to be used in renderinsf assistance to said convicts. 



1890.— Chaptkr 2(). 29 

For expenses of the ngent for aiding" discharged female Aiding dis. 
convicts discharged from the prison^ of the Commonwealth, coilwcts. 
to include assistance rendered to said convicts, a sum not 
exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts Prisoners dis- 
reformator}^ a sum not exceeding five thousand dollars. the MaBsa'c°m- 

For incidental and contingent expenses of the commis- Hl^^^ 'eforma- 
sioncrs of prisons, a sum not exceeding twelve hundred Commissioners 

T 1, ^ of prisons. 

dolhirs. 

For travelling expenses of the commissioners of prisons, Travelling ex. 
of the secretary and agents of said commissioners, a sum p^"""®' 
not exceeding twenty-tive hundred dollars. 

For the support of Sarah J. Robinson, a prisoner in jail fn'^/on^/- ^°'^" 
at Lowell in the county of Middlesex, a sum not exceeding 
four hundred dollars. 

For expenses incurred in the arrest of fugitives from Fugitives 
justice, a sum not exceeding two thousand dollars. 

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

Approved February 15, 1890. 

An Act relating to the permanent fund and dividends uf (J]inj) 96 

MUTUAL FIRE INSURANCE C0MPANIE8. 

Be it enacted, etc., asfolloios: 

Section 1. Sections forty-two, forty-three and forty- Amendments ^to 
four of chapter two hundred and fourteen of the acts of 44. ' ' 
the year one thousand eight hundred and eighty-seven are 
hereby amended to read as follows : — 

COMPANIES WITH A GUARANTY CAPITAL. 

Section 42. The stockholders of the guaranty capital ^^p^[""'^' 
of a company, acquired under the provisions of chapter 
three hundred and seventy-five of the acts of the year 
one thousand eight hundred and seventy-two, shall be 
entitled to a semi-annual dividend of not more than three 
and one-half per cent, on their respective shares if the net 
profit or unused premiums left after all expenses, losses 
and liabilities then incurred, together with the reserve for 
re-insurance, are provided for shall be sufficient to pay 
the same ; and if any dividend is less than three and one- 
half per cent, the deficiency shall be made up when such 
net profit becomes sufficient therefor. The guaranty capi- 
tal shall be applied to the payment of losses only when 
the cash funds not appropriated to the reserve for re-in- 



30 



1890. — Chapter 26. 



surance are exhausted, and if it is thus impaired at any 
time by the payment of losses, such impairment shall be 
made good from the permanent fund, or the directors may 
make g'ood the whole or any part of it by assessments upon 
the contingent funds of the company at the date of such 
impairment. Shareholders and members of such com- 
panies shall be subject to the same provisions of law in 
respect to their right to vote as apply respectively to 
shareholders in stock companies and to policy-holders in 
purely mutual companies. 



Permanent 
fund. 



Proviso. 



PERMANENT FUND. 

Section 43. The net profits, by Avhich term is meant 
all of the funds remaining; after deductino; all liabilities 
(including unearned premiums), of the mutual fire insur- 
ance companies and the special reserve of companies 
having a guaranty capital as existing on the thirty-first 
day of December, one thousand eight hundred and eighty- 
nine, are hereby set apart as and declared to be the per- 
manent fund of such companies ; the directors shall cause 
the same to be invested in the securities described in sec- 
tion thirty-four, and the same shall be held as a reserve 
for the security of the insured. When the amount of this 
permanent fund is less than two per cent, of the sum 
insured upon all policies in force, the directors may 
annually, if they so determine, set apart not exceeding 
twenty per cent, of the net profits of the preceding year, 
and add the same to the permanent fund, until said limita- 
tion of two per cent, has been reached, after which there 
shall be no further addition to said fund except as herein- 
after provided. The permanent fund so accumulated shall 
be used for the payment of losses and expenses whenever 
the cash funds of the company in excess of an amount 
equal to its liabilities, including guaranty capital, are 
exhausted ; and W'henever the said fund is drawn upon, 
the reservation of profits as aforesaid may be renewed or 
continued until the limit of accumulation as herein pro- 
vided is reached. The income of the permanent fund 
shall be included annually in the cash receipts of the com- 
pany : ijrovided, that nothing herein contained shall affect 
the rights, at date of the passage of this act, of holders 
of policies in companies having a guaranty capital. 



1890. — Chapter 27. 31 



DIVIDENDS AND ASSESSMENTS. 

Secfion 44. The directors of iiny mutual fire insurance Dividends and 

^j. .J- 1 j(> Tii assessments. 

•cm time to tune, by vote, nx and deter- 
mine the amount to be paid as a dividend upon policies 
expiring during each year. In the year one thousand 
eight hundred and ninety-five, and at the expiration of 
each term of five years therefrom, the directors shall, 
subject to the provisions of section forty-three, apportion 
as an extra dividend, according to their best judgment 
proportionately^, to the holders of policies which have 
expired daring the preceding five year period the entire 
remaining net profits. Any such dividends remaining 
uncalled for on the thirty-first day of December, one 
thousand eight hundred and ninety-nine, and at the end 
of each five year period thereafter, shall be forfeited to 
the company. Each polic3'-holder shall be liable to pay 
his proportional part of any assessments which may be 
laid by the company in accordance with the laws and his 
contract on account of losses and expenses incurred while 
he was a member, providing he is notified of such assess- 
ment within two years after the expiration of his policy. 
Mutual companies which make not less frequently than 
annually an entire apportionment and division of earnings 
or profits shall not be subject to the provisions of sections 
forty -three and forty-four. 

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

Approved February 15, 1890. 

An Act making appropriations for salaries and expenses H'hriv) 97 

AT THE STATE PRIMARY SCHOOL AT MONSON. ^ 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 primary school at 
Monson, during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety, to 
wit : — 

For the payment of salaries, wages and labor at the state primary 
state primary school at Monson, a sum not exceeding Zn.° " 
seventeen thousand five hundred dollars : and for other 



32 1890. — Chapters 28, 29. 

current expenses at said institution, a sum not exceeding 
thirty-two thousand five hundred dollars ; and for board- 
ing out children, a sum not. exceeding five thousand 
dollars. 

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

Approved February 15, 1890. 

ChCLT). 28 -^^ ^*^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 
AT THE LYMAN SCHOOL FOR BOYS AT WESTBOROUGH. 

Be it enacted, etc., as foUoics : 

Appropriations. Section 1. The suuis hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and expenses at the Lyman school for boys at 
VV^estborough, for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety, 
to wit : — 

fd^r^r-s^a^""^ ^^^^' ^^^ payment of salaries, wages and labor at the 
westborough. Lymau school for boj^s at AVestborough, a sum not ex- 
ceeding fifteen thousand five hundred and seventy-five 
dollars ; and for other current expenses at said institution, 
a sum not exceeding twent^^-five thousand four hundred 
dollars. 

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

Approved February 15, 1890. 

ClldV' 29 ^^ ^^^ ^^ AUTHORIZE THE KOXBDRY CHARITABLE SOCIETY TO 
HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foUoivs: 

May hold addi- SECTION 1. The Roxbuiy Charitable Society, a cor- 
personai'estate. poratiou established l)y chapter twenty-eight of the acts 
of the year one thousand seven hundred and ninety-nine, 
is hereby authorized to hold additional real and personal 
estate to an amount not exceeding in all one hundred and 
fifty thousand dollars : 2)rovided, hoivever, that the real 
estate wdiich said society shall hold shall not exceed the 
value of seventy-five thousand dollars, and that the per- 
sonal property thereof shall not exceed the sum or value 
of seventy-five thousand dollars. 

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

Approved February 15, 1890. 



1890. — Chapters 30, 31. 33 



An Act to amend an act to protkct the fishekif.s in the riJif/^-f QQ 

TRIBUTARIES OF PLUM ISLAND BAY. ^ 

Be it enacted, etc., asfolloics: 

Section two of chapter one hundred and five of the acts smeit fishery 
of the year eighteen hundred and eighty-seven is hereby uibutarieJof 
amended so as to read as to\]o\xs : — Section 2. The E'ay'?^''""'^ 
catching of smelts in the waters mentioned in section one 
between the fifteenth day of March and the first day of 
June is hereby prohibited, and W'hoever sells or ofiers or 
exposes for sale or has in his possession a smelt so taken 
in these waters within said season, shall be subject to the 
same penalties as are provided in section fifty-seven of 
chapter ninety-one of the Public Statutes. 

Approved February 18, 1890. 

An Act to incorporate the American college for girls at pj^ffv^ Ql 

CONSTANTINOPLE IN TURKEY, "^ 

Be it enacted, etc. , as folloivs : 

Section 1. Sarah L. Bowker, Pauline A. Durant, The American 
J. Augusta Smith, Caroline Borden, their associates and Girislitcon. 
successors, are hereby constituted a body corporate by the hi'Tm-bey^ ■ 
name of The American College for Girls at Constantinople '"corporated. 
in Turkey, with power to maintain an institution for the 
education of girls ; and they and their successors, and such 
persons as shall be duly elected members of such corpora- 
tion, shall be and remain a body corporate by that name 
forever ; and for the orderly conducting of the business of 
said corporation, the members of said corporation shall 
have the power and authority, from time to time, to elect 
a president, vice-president, secretary and treasurer, a board 
of trustees, and such other officers of said corporation as 
may be found necessary, to declare the duties and tenures 
of their respective ofiices, and also from time to time to 
elect new members of the said corporation. No person 
shall be eligible to membership in the corporation unless 
she is at the time of her election a member of the board 
of directors of the Woman's Board of Missions, a corpora- 
tion duly established by the legislature of Massachusetts, 
having its place of business at Boston in the Commonwealth 
of Massachusetts. 

Sectiox 2. The said corporation shall have full power Meetings of 
and authority to determine at what times and places their <^o'"PO'"'*^'°'^- 
meetings shall be held, and the manner of notifying the 



34 



1890. — Chapter 31. 



Election of 
officers, etc. 



May make rules 
and by-laws. 



May confer de- 
grees. _ii_i 



May have a 
common seal. 



Deeds sealed 
with their seal 
to be considered 
in law as deeds 
of corporation. 



Real and per- 
sonal estate not 
to exceed SouO,- 
000. 



Clear rents and 
profits to be ap- 
propriated for 
expenses of 
college. 



Students to be 
admitted, etc., 
without regard 
to religious 
opinions. 

Powers may be 
altered or re- 
strained by the 
legislature. 



members to convene at such meetings ; and also from time 
to time to elect a president, a dean, and such professors, 
tutors, instructors and other officers of the said college 
as they shall judge most for the interest thereof, and to 
determine the duties, salaries, responsibilities and tenures 
of their several offices ; and the said corporation are further 
empowered to purchase, hire or erect, and keep in repair, 
such houses and other buildings as they shall judge neces- 
sary for said college ; and also to make and ordain reason- 
able rules, orders and by-laws, not repugnant to the 
constitution and laws of the Commonwealth, for the good 
government of the said colleoe and for the reofulation of 
their own body ; and also to determine and regulate the 
course of instruction in said college ; and they are hereby 
empowered to grant such honorary testimonials, and confer 
such honors, degrees and diplomas as are granted or con- 
ferred by any university, college or seminary of learning 
in this Commonwealth, 

Section 3. Said corporation may have a common seal, 
which they may alter or renew at their pleasure, and all 
deeds sealed with the seal of said corporation, and signed 
by their order, shall, when made in their corporate name, 
be considered in law as the deeds of said corporation : and 
said corporation shall be capable of taking and holding 
in fee simple or any less estate, by gift, grant, bequest, 
devise or otherwise, any lands, tenements or other estate, 
real or personal, to an amount not exceeding five hundred 
thousand dollars. 

Section 4. The clear rents and profits of all the estate, 
real and personal, of which the said corporation shall be 
seized and possessed, shall be appropriated to the expenses 
of said college in such manner as shall most effectually 
promote virtue, piety, and leaTning in such of the lan- 
guages and such of the liberal and useful arts and sciences 
as shall be recommended from time to time by the said 
corporation, they conforming to the will of any donor or 
donors in the application of an}^ estate which may be given, 
devised or bequeathed for any particular object connected 
with the college. 

Section 5. No student in said college shall be re- 
fused admission to or denied any of the privileges, honors or 
degrees of said college on account of her religious opinions. 

Section 6. The legislature of rhe Commonwealth may 
grant any further powers to, or alter, limit, annul or 



1890. — CiiAPTEiis 32, 33. 35 

restrain any of the powers vested hy this act in, the said 
corporation as shall be found necessary to promote the 
best interests of the said college, and more especially 
ma}^ appoint overseers or visitors of the said college with 
all the necessary powers for the better aid, preservation 
and government thereof. 

Section 7. This act shall take effect upon its passage. 

A2:)proved February 18, 1890. 

An Act making appropriations for salaries and expenses at (JJi^p^ 32 

THE STATE ALMSHOUSE AT TEWKSBURY. 

Be it enacted, etc., asfolloivs: 

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 payment 
of salaries at the state almshouse at Tewksbury, during 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety, to vs^it : — 

For the payment of salaries, wages and labor at the state state aims- 
ulmshouse at Tewksbury, a sum not exceeding twenty-nine bury, salaries 
thousand dollars ; and for other current expenses at said ""^ expenses. 
institution, a sum not exceeding seventy-nine thousand 
five hundred dollars. 

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

Approved February 18, 1890. 

An Act making appropriations for salaries and expenses at (J/iap. 33 

THE state farm AT BRIDGEWATER. 

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 payment 
of salaries and expenses at the state faf m at Bridgewater, 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety, to wnt : — 

For the payment of salaries, wages and labor at the state farm at 
state farm at Bridgewater, a sum not exceeding eighteen alLtfesandex- 
thousand five hundred dollars ; and for other current p^^^^s. 
expenses at said institution, a sum not exceeding forty- 
eight thousand five hundred dollars. 

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

A2)proved February 18, 1890. 



36 



1890. — Chapters 34, 35. 



Cllftp. 34 ^"^ "^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 
AT THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 



Appropriations. 



State industrial 
school for girls, 
salaries and ex- 
penses. 



Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and expenses at the state industrial school for 
girls at Lancaster, during the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety, to wit : — 

For the payment of salaries, wages and labor at the 
state industrial school for girls at Lancaster, a sum not 
exceeding eight thousand one hundred and sixty dollars ; 
and for current expenses at said institution, a sum not 
exceeding twelve thousand eight hundred and forty 
dollars. 

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

Approved February 18, 1890. 



Chap 



Appropriation. 



Investigations 
regarding the 
purity of water 
supplies, etc. 



35 An -^CT making an APPROPRIATION FOR INVESTIGATIONS INTO 
THE BEST METHODS OF PROTECTING THE PURITY OF INLAND 
WATERS. 

Be it enacted, etc. , as follows : 

The sum hereinafter mentioned is appropriated, to be 
paid out of the treasury of the Commonwealth, 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 ninety, to 
wit : — 

For providing for investigations into the best methods 
of assuring the pfirity of Avater supplies, disposal of 
sewage, for services of engineers, clerks and other assist- 
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 sewage 
matter, a sum not exceeding twenty-seven thousand 
dollars. Approved February 18, 1890. 



1890. — Chapters 36, 37, 38. 37 



An Act to authorize daniel h. j. holmes and mart f. gaff (JJiap^ 36 

TO BUILD A BRIDGE OVER CENTKEVILLE RIVER IN THE TOWN 
OF BARNSTABLE. 

Be it enacted., etc., as foUoivs: 

Section 1. Daniel H. J. Holmes and Mary F. Gaff Bridge^acrosa 
are hereb}' authorized to build and maintain a bridge "J^,;'°^*™' 
across Centreville river, so called, in the town of Barn- 
stable, between and connecting their respective lands in 
said town, subject to the provisions of chapter nineteen 
of the Public Statutes and of any other laws which now 
aie or hereafter may be in force applicable thereto. Said 
biidge shall have a draw therein of not less than thirty 
feet in width, which shall be kept open at all times 
excepting at times when it is necessary to close such draw 
for crossing said bridge. 

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

Approved February 18, 1890. 

An A:;T RELATING TO THE STATE DIRECTORS IN THE COLLATERAL (Jh/iri, 37 
LOIN COMPANY AND THE WORKINGMEN'S LOAN ASSOCIATION. 

Be it exacted, etc., as foUoics: 

The director of the Collateral Loan Company, and the state directors 
directa' of the Workinomen's Loan Association, appointed rlcuielJo°an-^' 
by the governor of this Commonwealth, shall certify to ^^^^'^p^'^^- 
the coirectness of the annual report made to the board 
of comuissioners of savings banks by the company or 
associat'on of which he is a director, and is authorized 
to make such other report to said board as he may deem 
proper. Ajyproved February 18, 1890. 

An Act to authorize the construction and maintenance of Qhfi'rf^ 38 

A HIGHVAY AND BRIDGE OVER THE PARKER RIVER IN THE 
TOWN Ol NEWBURY. 

Be it enactei, etc., as follows : 

Section 1. The county commissioners for the county Bridge may be 
of Essex, if in their judgment the public necessity and Parker river, 
convenience require, are hereby authorized to lay out a »°^®^^"''y- 
highway and construct a bridge across the river Parker, 
in the town if Xewbury in said county, at the place where 
the bridge O' the Newburyport turnpike formerly crossed 
said river. 



38 1890. — Chaptees 39, 40. 

Notice to be Section 2. The said county commissioners, before 

given to all par- , . •/ ' , 

ties interested, any woi'k of coDsti'uction is bcgun and before laymg out 

said highway or constructing said bridge, shall, after due 

notice to all parties interested and after a hearing of all 

such parties, proceed to determine what cities and towns 

in said county receive special benefit from the construction 

of said bridge ; and shall apportion and assess upon said 

county and said cities and towns such amount as they shall 

deem equitable and just for the cost of constructing said 

Repairing and bridg-e. The cost of repairins; and maintainino^ said bridge 

bridge. shall be borne and paid by such cities or towns, or both, 

as the county commissioners may determine, after such 

notice and hearing as are hereinbefore required with 

relation to the original cost. 

Knlom'tl*"' Section 3. Said commissioners in laying out end 

laws relating to constructiug Said road and bridge shall in all respects 

highways. o • i • i 

conform to the existino- laws relatmg to laymg out and 
constructing highways. 

Section 4. This act shall take effect upon its passage. 

Approved February 19, 1890. 

Chap. 39 -^N ^'^'^ CONCERNING THE SALARY OF THE LATE JOTHAM E. 

MUNROE 

Be it enacted, etc. , as follows : 

pald'toTvlLw Section 1. The board of aldermen of the ?ity of 
Mifnroe^™^' Bostou , actiug as county commissioners, are authorized 
to pay to the widow of Jotham E. Munroe, late ai; officer 
in attendance upon the superior court for the transaction 
of criminal business within and for the county of Suftblk, 
the balance of the salary of such officer for the year 
eighteen hundred and eighty-nine to which he W(uld have 
been entitled had he lived and continued to be such 
oflScer during the remainder of said j^ear ; but no part 
thereof shall be paid by the Commonwealth. 

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

Approved February SO, 1890. 

CTldV- 40 -^^ ^'^'^ "^^^ AUTHORIZE THE CITY OF BROCKTON lO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc., as follows : 
M='y™»''f^° Section 1. The city of Brockton, for tiie purposes 

additional water . , . . ^ n ^ i i i t 

loan. mentioned in section four of chapter one hundred and 

twenty-four of the acts of the year eighteen hundred and 



1890. — Chapter 41. 39 

seventy-eight, is hereby authorized to issue notes, bonds 
or scriji, from time to time, signed by its treasurer and 
countersigned by its mayor, to be called on the face thereof 
Brockton Water Loan, to an amount not exceeding one 
hundred thousand dollars in addition to the amounts 
already authorized by law to be issued by the town or 
city of Brockton 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 Brockton water loan by the town of 
Brockton : j)rovided, that the whole amount of such notes, Whoie amount 
bonds or scrip issued by said city, together with those not\°o°exceld" 
issued by the said town or city for the same purposes, ^^'-^o.ooo. 
shall not exceed the amount of five hundred and twenty 
thousand dollars. .".7.8 

Section 2. This act shall take effect upon its accept- 
ance by a vote of two-thirds of all the members of each 
branch of the city council of the city of Brockton. 

Approved February 20, 1890. 

An Act to incorporate the Worcester east agricultural (Jhd'jj 4I 

SOCIETY. 

Be it enacted^ etc. , as follows : 

Sectiox 1. John E. Thayer, Georo:e F. Morse, Wil- worcesterjEast 

^. ,-r. I /■ . Agricultural J 

ham A. Kilbourn, rsicholas Frost, Arthur C. Hawkins, society incor- 
F. E. Holman and E. A. Currier, of the towns of Lan- p°""^'' 
caster and Clinton, their associates and successors of 
the towns of Berlin, Bolton, Boylston, Clinton, Harvard, 
Lancaster, Sterling and West Boylston, are hereby made 
a corporation under the name of the Worcester East Agri- 
cultural Society, established in the towns of Clinton and 
Lancaster in the county of Worcester, for the encourage- 
ment of agriculture, horticulture and the arts, by premiums 
and other means ; with all the powers, privileges and 
benefits now accruing to county societies, and subject to 
all duties, liabilities and restrictions as set forth in all 
general laws which now are or hereafter may be in force 
in relation to such corporations. Said corporation may Real and per- 
hold by purchase, gift, devise or otherwise real and per- norto^ex°c^eed^ 
sonal property to an amount not exceeding twenty thou- ^20,000. 
sand dollars. 

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

Approved February 20, 1890. 



40 



1890. — Chaptek 42. 



Cha/p."i4!^ An Act making appropriations for incidental, contingent 

AND MISCELLANEOUS EXPENSES OF THE VARIOUS DEPARTMENTS 
AND COMMISSIONS OF THE COMMONWEALTH. 



Appropriations. 



Be it enacted, etc., as folloivs : 

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



Stationery, — 
Senate. 



House of repre- 
sentatives. 



Sergeant-at- 
arms. ^ 



Incidental and 
contingent ex- 
penses. 



LEGISLATIVE DEPARTMENT. 

For stationery for the senate, purchased by the clerk, 
a sum not exceeding nine hundred dollars. 

For stationery for the house of representatives, pur- 
chased by the clerk, a sum not exceeding sixteen hundred 
dollars. 

For books, stationery, printing and advertising, ordered 
by the sergeant-at-arms, a sum not exceeding eight hun- 
dred dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three hundred dollars. 



Expenses of 
executive de- 
partment. 

Postage, print- 
ing, etc. 

Contingent ex- 
penses. 

Postage, print- 
ing and station- 
ery. 



EXECUTIVE DEPARTMENT. 

For contingent expenses of the executive department, 
the sum of three thousand dollars. 

For postage, printing and stationery for the executive 
department, a sum not exceeding eight hundred dollars. 

For contingent expenses of the governor and council, 
a sum not exceeding two thousand dollars. 

For postage, printing and stationery for the executive 
council, a sum not exceedins: five hundred dollars. 



STATE HOUSE EXPENSES, ETC. 

For repairs, improvements and furniture at the state 
house, a sum not exceeding ten thousand dollars. 
Fuel and lights. YoY fucl and lights for the state house, a sum not 
exceedino; six thousand dollars. 

For repairs, improvements, furniture and other neces- 
sary expenses at the Commonwealth building, a sum not 
exceedin«: five thousand dollars. 



State house, re 
pairs, etc. 



Common- 
wealth building 
repairs, etc. 



1890. — Chapter 42. 41 

For repairs, improvements, furniture, rent and other Beacon street, 
necessary expenses at house numl)er thirteen Beacon street, tTeu. ^^ 
a sum not exceeding eight thousand dollars. 

For rent of rooms for the use of the civil service com- civu service 

T . 1 1 1 1 11 commiesion- 

missioners, a sum not exceeding nine hundred dollars. crs, — rent. 

For rent of rooms for the use of the bureau of statistics Bureau of sta- 
of labor, and for the services of a janitor, a sum not labor. — rent. 
exceeding three thousand dolhirs. 

For rent of rooms in Ticknor building, for the use of ?^'^^""'" ''"'''^' 
the bureau of statistics of labor, for storage purposes, 
a sum not exceeding five hundred doHars. 

For rent of rooms for the use of the controller of county controller of 
accounts, a sum not exceeding six hundred and fifty counts. 
dollars. 

For contingent expenses of the bureau of statistics of ug"ic8 of^'Lbor, 
labor, to be expended under the direction of the sergeant- contingent ex- 
at-arms, a sum not exceeding five hundred dollars. 

For expenses of running the elevators at the state house. Elevators. 
a sum not exceeding three thousand dollars, the same to 
include all necessary repairs to said elevators. 



INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses in the department of the secre- incidental ex- 
tary of the Commonwealth, a sum not exceeding three IX?/.' 
thousand dollars. 

For incidental and contingent expenses in the depart- Treasurer. 
meut of the treasurer and receiver-general, a sum not 
exceeding thirty-two hundred and fifty dollars. 

For incidental and contingent expenses of the tax com- Taxcommis- 
missioner's department, a sum not exceeding three thou- 
sand dollars. 

For expenses of the state valuation, under the direction Deputytax 

,^ ,^ T . . •• J T commissioner. 

oi the deputy tax commissioner, a sum not exceeding 
three thousand dollars. 

For incidental expenses of the commissioner of corpora- commissioner 

.. , T n ^ 1 -i ^ ^^ of corporations. 

tions, a sum not exceeding tour hundred dollars. 

For incidental expenses in the department of the Auditor. 
auditor of the Commonwealth, a sum not exceeding one 
thousand dollars. 

For incidental expenses of the attorney-general, a sum Attomeygen- 
not exceeding nineteen hundred and eighty-four dollars ; 
and for expenses of civil actions, a sum not exceeding 
three hundred dollars. 



42 



1890. — Chapter 42. 



Harbor and 
land commis- 
sioners. 



Incidental and 
contingent ex- 
penses. 



Insurance com- 
missioner. 



Commissioners 
of savings 
banks. 



Gas and elec- 
tric light com- 
missioners. 



Inspectors of 
gas meters. 



Civil service 
commissioners. 



Commissioners 
on inland fish- 
eries and game. 



Controller of 
county ac- 
countb. 



State board of 
arbitration. 



State board of 
health. 



COMMISSIONERS AND OTHERS. 

For travelling and other necessary expenses of the 
harbor and land commissioners, a sum not exceeding seven 
hundred and fifty dollars. 

For incidental and contingent office expenses of the 
harbor and land commissioners, a sum not exceeding one 
thousand dollars. 

For incidental and contingent expenses in the depart- 
ment of the insurance commissioner, a sum not exceeding 
three thousand dollars. 

For travelling and incidental expenses of the commis- 
sioners of savino:s banks, a sum not exceedino; thirty-three 
hundred dollars. 

For travelling and incidental expenses of the gas and 
electric light commissioners, a sum not exceeding one 
thousand dollars. 

For travelling and incidental expenses of the inspect- 
or and assistant inspector of gas meters, a sum not 
exceeding six hundred dollars ; and for furnishing such 
additional apparatus as the inspector of gas meters 
may find necessary, a sum not exceeding two hundred 
dollars. 

For compensation and expenses of the civil service 
commissioners, a sum not exceeding two thousand dollars ; 
and for clerical assistance, expenses of examinations, 
printing, advertising and stationery, care of office, rent 
of room for registration of laborers, travelling and inci- 
dental expenses of commissioners, chief examiner and 
secretary, a sum not exceeding seventy-five hundred 
dollars. 

For compensation and expenses of the commissioners 
on inland fisheries and o:ame, a sum not exceeding; ten 
thousand two hundred and fifty dollars. 

For travelling and office expenses of the controller of 
county accounts, a sum not exceeding fifteen hundred 
dollars. 

For travelling, incidental and contingent expenses of 
the state board of arbitration, a sum not exceeding two 
thousand dollars. 

For travelling and general expenses of the state board 
of health, a sum not exceeding sixty-eight hundred 
dollars. 



1890. — Chapter 42. 43 



AGRICULTURAL. 

For bounties to affi'icultural societies, twenty thousand Agricultural 

C 'J societies, 

four hundred dollars. bounties. 

For travelling and necessary expenses of the state board ^Xn-e^'ex?" 
of agriculture, a sum not exceeding nineteen hundred penses.' 
dollars. 

For incidental expenses of the state board of agriculture, incidental ex- 
a sum not exceeding five hundred dollars. penseb. 

For travelling and other necessary expenses of the secretary. 
secretary of the state board of agriculture, a sum not 
exceeding five hundred dollars. 

For travelling and other necessary expenses of the Trustees. 
trustees of the Massachusetts agricultural college, a sum 
not exceeding five hundred dollars. 

For the dissemination of useful information in agri- Lectures. 
culture by means of lectures at farmers' institutes, a sum 
not exceeding fourteen hundred dollars. 

For the purpose of exterminating contagious diseases Contagious di? 
among horses, cattle and other animals, a sum not exceed- 
ins: five thousand dollars. 



EXPENSES RESULTING FROM THE WAR OF THE REBELLION. 

For reimbursement to cities and towns for money paid state and miii- 

, ... . , -> ,- 1 tary aid to Sol- 

on account oi state and military aid to Massachusetts diers, etc. 

volunteers and their families, a sum not exceeding four 
hundred and fifteen thousand dollars ; the same to be paid 
on or before the first day of December in the year eight- 
een hundred and ninety. 

For postage, printing and all necessary expenses in Expenses, 
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 assist- 
of rooms and other necessary expenses of the state pension ^°'^'^' 
agent, a sum not exceeding thirty-five hundred and sixty 
dollars. 

MISCELLANEOUS. 

For expenses in connection with taking evidence given Expenses tak. 
at inquests on deaths by accidents upon steam and street jUquests!"*'^ '" 
railroads, a sum not exceeding two thousand dollars. 



44 



1890. — Chapter 43. 



Moneys of in- 
solvent cor- 
porations de- 
posited in the 
treasury. 



Public admin- 
istrators. 



Roads in Mash- 
pee. 



Weights and 
naeasures for 
new towns. 



Primary, re- 
form and indus- 
trial schools. 



Boundary lines 
of cities and 
towns. 



Commissioner 
of foreign cor- 
porations. 



For the payment of unclaimed moneys in the hands of 
the receivers of certain insolvent corporations, after the 
same has been deposited iif the treasury of the Common- 
wealth, a sum not exceeding five thousand dollars. 

To carry out the provisions of the act relative to the 
payment from the treasury of the Commonwealth of funds 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year eight- 
een hundred and eighty-nine, the sum of three hundred 
dollars. 

For weights, measures, balances and reports for newly 
incorporated towns, a sum not exceeding one thousand 
dollars. 

For travelling and other necessary expenses of the 
trustees of the state primary, reform and industrial schools, 
a sum not exceeding one thousand 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. 

For clerk hire, rent, janitor, gas, printing, postage, 
travelling and incidental expenses of the commissioner 
for the supervision of foreign corporations engaged in the 
business of selling or neootiatins; bonds, morto^ao-es, notes 
or other choses in action, a sum not exceeding twenty- 
three hundred and twenty-five dollars. 

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

Approved February 20, 1890. 



(JJldT). 43 ^^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 

OF THE STATE DISTRICT POLICE FORCE. 

Be it enacted, etc., as follows: 
Appropriations. SECTION 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the payment 
of salaries and expenses of the state district police force 
during the year ending on the thirty-first day of Decem- 
ber in the year eighteen hundred and nipety, to wit : — 

For the salary of the chief of the state district police 
force, a sum not exceeding two thousand dollars. 

For the compensation of the thirty-two members of the 
state district police force, a sum not exceeding forty-eight 
thousand dollars. 



State district 
police, — chief 



Members of 
force. 



1890. — Chapters 44, 45. 45 

For tnivellino; expenses actually iiaid by members of 'i'i='veiiing ex- 
the state district police torce, a sum not exceeding eight- 
een thousand six hundred dollars. 

For incidental contingent and office expenses of the incidental and 
chief and meml)crs of the state district police force, a sum '^ ^'^•' e-^penseB. 
not exceeding thirty-five hundred dollars. 

Section 2. This act shall take efi"ect upon its passage. 

Approved February 20, 1890. 

An Act relating to the classification of deposits in savings njini-f Ad. 

BANKS." ^ 

Be it enacted, etc., as folloivs : 

Sectiox 1. Section forty-one of chapter one hundred fssfi"-'' ^'^^" 
and sixteen of the Public Statutes, as amended by chapter amended. 
one hundred and twenty-seven of the acts of the year one 
thousand eight hundred and eighty-eight, is hereby 
amended by striking out the word "annually", in the 
third line thereof, and inserting in place thereof the words : 
— every fifth year, — so that the section as amended shall 
read as follows : — Section 41. Beginning with the year classification of 
ending with the la.st business day of October, eighteen fn|8°banks.^^'" 
hundred and eighty-nine, and every fifth year thereafter, 
such reports shall also state the number and amount of 
deposits of fifty dollars and less, of those exceeding fifty 
dollars and not more than one hundred dollars, of those 
exceeding one hundred dollars and not more than two 
hundred dollars, of those exceeding t^vo hundred dollars 
and not more than five hundred dollars, of those exceeding 
five hundred dollars and less than one thousand dollars, of 
those of one thousand dollars or more ; and of those to 
the credit of women, both adult and minor, guardians, 
religious and charitable associations, and in trust, respec- 
tively, received during the year. 

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

Approved February 20, 1890. 



Chap. 45 



An Act to authorize the woonsocket electric machine and 
power company of rhode island to erect and maintain 
poles and wires and furnish electric light and power in 
the town of blackstone in the state of massachusetts. 

Be it enacted, etc., as folloivs: 

Section 1. The Woonsocket Electric Machine and ^[^fy//^'",';';,)'^ 
Power Company of Woonsocket, in the state of Rhode and power in 
Island, is hereby authorized to construct and operate Biackrtoire. 



46 



1890. — Chapter 45. 



Subject to gen- 
eral laws of this 
Commonwealth. 



Agent to be ap- 
pointed upon 
whom process 
may be served. 



Penalty for 
neglect. 



Upon failure to 
comply, etc., 
permission may 
be revoked by 
selectmen. 



Selectmen may 
make regula- 
tions in regard 
to wires, etc. 



lines for the transmission of electricity for the purpose of 
furnishing light and power upon and along the highways 
and public roads of the town of Blackstone in this Com- 
monwealth, and to erect and maintain upon said highways 
and public roads such posts and other fixtures as may be 
necessary to sustain the wires and other fixtures of its 
lines ; and to extend such wires across the state line into 
said town and append and support such fixtures upon such 
poles and other supporting fixtures. 

Section 2. Said Woonsocket Electric Machine and 
Power Company shall, however, be subject to all 
general laws of this Commonwealth relating to the 
erection, maintenance and operation of lines for electric 
light and power, which are now or hereafter may be in 
force. 

Section 3. The said company shall appoint in writing 
an agent, who shall reside in said town of Blackstone, and 
whose appointment shall be filed with the town clerk 
of said town of Blackstone ; and service of legal process 
made upon such agent shall have the same legal eflfect as 
if the company were established under the laws of this 
Commonwealth and such service were made upon the 
corporation itself. 

Section 4. A failure or neglect, continuing for four- 
teen days after demand upon or notice to its agent ap- 
pointed as aforesaid, to pay and satisfy an execution or 
comply with a decree of court against it, shall be deemed 
sufiicient ground for a forfeiture of its rights under the 
foregoing provisions of this chapter, such forfeiture to be 
enforced by information brought by the attorney-general 
in his discretion. 

Section 5. The selectmen of said town of Blackstone, 
upon the neglect or failure of said company to comply 
with the provisions of this act, may, after due notice and 
hearing, revoke any permission or direction given by 
virtue of the provisions of this act, and order the poles, 
wires and other fixtures of said company to be removed 
from said public roads and highways ; and all such poles, 
wires, fixtures and other property of said company, not 
removed within a reasonable time thereafter, shall be 
forfeited to said town. 

Section 6. The selectmen of said Blackstone shall 
have the power at all times to make such regulations in 
relation to the use and operation of wires and the mode 



1890. — Chapters 46, 47. 47 

and purposes of use thereof, within the limits of said 
town, as the pul)lic convenience and safety may require. 

Ajyproved February 20, 1890. 

An Act to authorize the ballaudvale union society to sell (^hnjf AR 

ITS PARSONAGE. ^ 

Be it enacted, etc., as foUoivs : 

Section 1. The Ballardvale Union Society, a religious Maysciipar. 
society at Ballardvale in Andover, in the county of Essex, AndovJr'. 
is authorized to sell and convey the parsonage, dwelling- 
house and land, on Marland street in said Andover, 
devised to it by Henry S. Greene in the year eighteen 
hundred and eighty, free of any condition or limitation 
set forth in said devise ; and shall use the proceeds thereof 
for the purchase of, or the income of said proceeds to pay 
rent for, a suitable parsonage for the use of the regular 
settled congregational minister of said society, according 
to the will of the testator. 

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

Approved February 24, 1890. 

An Act to provide for the improvement of the water service njjfiq-, 47 

AND water supply OF THE CITY OF MALDEN, AND FOR REFUND- ^ 

ING ITS WATER DEBT. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden, for the purposes of ^aWeii water 
refunding any part of its water debt which the sinking 
fund, established for its redemption, may not be sufficient 
to pay at its maturity ; of improving and increasing its 
present sources of water supply and protecting the same 
from pollution ; and of extending and perfecting its system 
of water service and establish inof and maintainins: hio-h 
service, is hereby authorized to issue scrip or bonds to 
be denominated on the face thereof Maiden Water Loan, 
bearing interest at a rate not exceeding six per cent, 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. Said city is authorized 
to sell the same or any part thereof from time to time, or 
pledge the same for money borrowed for the above pur- 
poses ; but the same shall not be sold or pledged for less 
than the par value thereof. 



48 



1890. — Chapter 47. 



Xot to exceed 

$600,000. 



Surplus of net 
income from 
water works to 
be set apart as a 
sinking rund. 



City may make 
annual assess- 
ments for sink- 
ing fund if net 
income is in- 
sufficient. 



Sinking fund to 
be pledged to 
payment of 
debt, and to be 
used for no 
other purpose. 



Rights of city 
under 1887, 416, 
not impaired. 



Section 2. The whole amount of such scrip and bonds, 
together Avith the bonds heretofore issued by said city and 
by the town of Maiden for the purposes of a water supply, 
outstanding at any time, shall not exceed the sum of six 
hundred thousand dollars. 

Section 3. The surplus of the net income derived 
from the water works of said city, after payment of the 
semi-annual interest upon said scrip and bonds, not other- 
wise provided for, and after deducting all charges and 
expenses for and incident to the maintenance and opera- 
tion of said water works, together with all amounts appro- 
priated from time to time by said city for the payment of 
the principal sum of said scrip and bonds, shall be set 
apart as a sinking fund, which, with the accumulated 
interest upon the same, shall be devoted to the payment 
at maturity of said scrip and bonds heretofore issued by 
said city and by the town of Maiden, and which may be 
issued by said city under the provisions of this act. 

Section 4. Said city is authorized to appropriate and 
assess yearly, in the same manner as money is appropriated 
and assessed for other city purposes, a sum sufficient to 
pay the interest on said scrij) and bonds, and such amount 
as it may decide towards paying the principal thereof; 
and in case said net income derived from the water works 
and set apart as a sinking fund for the payment of said 
scrip and bonds at maturity, with the accumulated interest, 
shall be insufficient to meet the requirements of the law 
as to said sinking fund, said city shall raise by taxation 
annually such sum, in addition to said net income and 
accumulated interest, as with its accumulations will be 
sufficient to meet said requirements. Said sinking fund 
shall remain sacred and inviolate and pledged to the pay- 
ment and redemption of said debt and shall be used for 
no other purpose. The provisions of sections ten and 
eleven of chapter twenty-nine of the Public Statutes shall, 
so far as applicable, apply to said sinking fund. 

Section 5. This act shall not impair any of the rights 
of the city of Maiden under chapter four hundred and six- 
teen of the acts of the year eighteen hundred and eighty- 
seven, entitled. An Act to provide a further supply of 
water for the city of Maiden, nor take away or limit the 
authority therein granted to the city to issue scrip or 
bonds for the purposes specified in said act ; but in case 
the city shall issue said scrip or bonds, or any part thereof, 



1890. — Chapter 48. 49 

for the purpose of providing a further supply of water 
under the authority of said act, the provisions of this act 
in regard to the payment of the interest thereon from the 
income of the water 'works, or by an appropriation and 
assessment by the city, and the establishing and maintain- 
ing of a sinking fund for their redemption at maturity, 
shall apply to said bonds in the same manner and to the 
same extent as to bonds issued under the authority of this 
act. 

Section 6. This act shall take efiect upon its passage. 

■ Approved February 24^ 1890. 



An Act to amend an act relating to the employment of 

MINORS WHO cannot READ AND WRITE IN THE ENGLISH 
LANGUAGE. 



Chap. 48 



Be it enacted, etc., as follows: 

Section three of chapter four hundred and thirty-three i8S7,433, §3 
of the acts of the year eighteen hundred and eighty-seven "'"'" ^ 
is hereby amended to read as follows: — Whenever it Employment of 
appears that the labor of any minor who would be debarred pemutecMvhen 
from employment under section two of this act and amend- "i^ppon7^°' 
ments thereto, is necessary for the support of the family 
to which said minor belongs, or for his own support, the 
school committee of said city or town may, in the exercise 
of their discretion, issue a permit authorizing the employ- 
ment of such minor within such time or times as they may 
fix : provided, such minor make application to said school Proviso. 
committee, or some person duly authorized by said com- 
mittee, for such a permit before the opening of the yearly 
session of the evening school of said city or town ; and 
the provisions of said section two shall not apply to such 
minor so long as said permit is in force ; j^'^'ovided, also, proviso. 
that if such minor has been prevented by sickness or injury 
from attending said evening school, as provided in said 
section two as amended by chapter one hundred and thirty- 
five of the acts of the year eighteen hundred and eighty- 
nine, the school committee shall issue to such minor the 
permit provided for in this section, upon the presentation • 
of the following blank properly filled and signed : 

To the School Committee of the '• Physician's cer- 

I hereby certify that I have attended tihcate. 

from to ; that said was sick 

or injured with ; and that said was not 



50 1890. — Chapters 49, 50, 51. 

in suitable physical condition to attend evening school for the 
term of days. 

(Signed) 

-Attending Physician. 
[Dated] 
School commit- "j^j^g school cominittee of every city or town in this 

tees to furnish . •11 

blanks. Commonwealth wherein public evening schools are main- 

tained shall furnish blanks described in the foregoing 
paragraph upon application. 

Approved February 24., 1890. 

Chan 49 ^^^ ■'^^^ "^^ authorize the national tube works company to 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as folloios : 
May increase Section 1. The National Tube Works Company, a 

corporation organized under the general laws oi the Com- 
monwealth of Massachusetts, is hereby authorized to in- 
crease its capital stock to an amount not exceeding three 
million dollars, subject to the provisions of the general 
laws regulating the issue and payment of capital stock of 
such corporations. 

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

Ajjproved February 24, 1890. 



Cha}^. 50 



An Act relating to the report of the commissioner of 
foreign mortgage corporations. 

Be it enacted, etc., as follows: 

To be printed SECTION 1. The aunual report of the commissioner of 

as a public doc- « . , ..'■ . -, c .i 

ument. forcigu mortgage corporations is made one ot the series 

of public documents, and fifteen hundred copies shall be 
annually printed. 

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

Ap2)7'oved February 27, 1890. 



Chap. 51 



An Act to incorporate the county savings bank in the 
city of chelsea. 

Be it enacted, etc., as folloivs: 
County Savings Section 1. Arthur B. Champlin, John H. Wilkin- 
po^ate'df""^' son, David Floyd, 2d, Albert D. Bosson, Charles A. 
Campbell, Frank E. Fitz, Charles F. Fenno and Rufus S. 
Frost, their associates and successors, are hereby made a 
corporation by the name of the County Savings Bank ; with 
authority to establish and maintain a savings bank in the 



1890. — Chapter 52. 51 

city of Chelsea, with all the powers and privileges and 
subject to all the duties, liabilities and restrictions set forth 
in all laws which now are or may hereafter be in force 
relating to savings banks and institutions for savino^s. 
Sectiox 2. This act shall take eliect upon its passage. 

Aiiproved Fehruary 27, 1890. 

An Act to incokporate the acton memorial library. (JliaT) 'S2 

Be it enacted, etc., as folloivs : 

Section 1. Luther Conant, Adelbert Mead, Moses Acton Memo- 
Taylor, Delette Hall, Hiram Hapgood and D. J. Wether- uclpoS: 
bee, all of Acton in the county of Middlesex, and their 
associates and successors to be determined and elected as 
hereinafter provided, are made a body corporate by the 
name of Acton Memorial Library, for the purpose of 
establishing and maintaining in said town an institution 
to aid in the promotion of education and the diffusion of 
useful knowledge, by means of a library free to all the 
inhabitants of said town ; with all the powers and privileges 
4Uid subject to all the duties, restrictions and liabilities set 
ibrth in all general laws which now are or may hereafter 
he in force applicable to such corporation. 

Section 2. The persons hereinbefore named and Trustees. 
designated as corporators under this act with three per- 
sons to be elected by the town of Acton, as hereinafter 
provided, shall constitute the trustees of said corporation, 
and shall have the entire management, control and direc- 
tion of its affairs, and shall choose from their number a 
president and a secretary and may prescribe the duties 
of each, and from time to time may make such by-laws 
and regulations for the management of the institution, its 
property and funds, and for the use of the library, not in 
conllict with this act, as they may deem best. 

Section 3. The number of the trustees shall not Not to exceed 
exceed nine ; and three of them shall be elected, one for "'"^"^"""^ '''■• 
the term of three years, one for the term of two years and 
one for the term of one year, by the town of Acton at 
any legally called meeting of the voters of said town held 
after the passage of this act, at which meeting this act 
may be accepted ; and thereafter one trustee shall be 
elected annually by the town for the term of three years. 
Any vacancy occurring at any time, by death or other- vacancies. 
wise, in the board of corporators or their successors shall 
be filled forthwith by the remaining members of said board, 



52 1890. — Chapter 53. 

and any vacancy occurring, by death or otherwise, at any 
time in the board of trustees, of any member who has 
been duly elected by the town, shall be tilled by election 
by the town at its annual meeting or at a meeting specially 

Proviso. called for the purpose : pr^ovided, hoivever, that no person 

not an inhabitant of the town of Acton shall be eligible 
as such trustee. 

Real and per- Section 4, Said trustccs and their successors shall 

sonal estate not 

to exceed have authority to hold real and personal estate, by pur- 

' ' chase or otherwise, to the amount of one hundred thousand 

dollars for the purpose aforesaid, in addition to books and 
objects of curiosity and art. All gifts, grants, devises and 
bequests shall be held and used for such purposes and in 
conformity with the conditions upon which the same shall 
be made and given, provided such conditions are not 
inconsistent with the provisions of this act. 

propri "e"*^ ''^^ Section 5. The town of Acton, so long as a library 

naoney^ to aid in fj.gg ^q r^j] \}^q inhabitants of Said town is maintained therein 
under reasonable regulations made or to be made by the 
trustees, is hereby authorized to appropriate and pay 
money in aid of supporting such institution in the same 
manner as is authorized by law for the establishment, 
maintenance or increase of a public library ; and said 
trustees may receive and use, in conformity with this 
act, all such appropriations. 

Funds to be in Section 6. The treasurer of the town of Acton for 

hands of town . . in • -^■t^-\^^f■\^^ 

treasurer sub- thc time bciug shall rcccivc and hold all lunds belongmg 
truste^es.^ ^^ '^ to the corporatiou, or of which it has the management or 
control, subject to the order of the trustees! The board 
^"be^ma'de"'' ^^ trustces shall annually make a report to the town of 
their doings, and their records and books shall at all con- 
venient times be open to the inspection and examination 
of the board of selectmen of the town. 

Section 7. This act shall take eftect upon its passage. 

Approved February 27, 1890. 

Ghav 53 ^^ ^^^ relative to the holding of property by the united 
"' states hotel company of boston. 

Be it enacted, etc., as follows: 

May use and Section 1. The United States Hotel Company, a 

improve land r> i -r» • 

for any lawful corporatiou established under the name ot the Jrroprietors 
purpose. ^^ ^j^^ ^.^^ Hotel iu Boston by chapter one hundred and 

three of the acts of the year eighteen hundred and twenty- 
four, shall not be limited in the use and improvement of 



1890. — Chapters 54, 55, 56. 53 

the land owned by it, situated in tlio city of Boston and 
enclosed in the s(|nare between Lincoln, Beach, Kingston 
and Tufts streets, to the purposes set forth in the second 
section of said act, but may use and improve the said land 
for any lawful purpose or purposes Avhatsoever. 

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

Approved February 27, 1890. 

An Act to authokize the laying out and construction (Jhnfry 54 

OF A HIGHWAY IN THE CITY OF SALEM AND THE TOWN OF 
PEABODY OVER LAND OF THE HARMONY GROVE CEMETERY. 

Be it enacted, etc., as folloios : 

Section 1. The county commissioners for the county Highway may 

/>-!-( 1 T xi'ij_i J. ij.1 •, be constructed 

ot Lssex are hereby authorized to lay out, and the city over umd of the 
of Salem and the town of Peabody are hereby authorized gr™t°e°^.^''°^^ 
to construct, in the .manner provided in chapter forty- 
nine of the Public Statutes, a highway from Grove street 
in Salem, at a point near and north of the factory of 
James Dugan, to Walnut street in Peabody, over the 
marsh land belonging to the Harmony Grove Cemetery 
and a corner of the upland of said cemetery" near the 
termination of Walnut street. 

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

Approved February 27, 1890. 

An Act to authorize the home for aged women in waltham Cjlidr), 55 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

JBe it enacted, etc., as follows: 

Section 1. The Home for Ao^ed Women in Waltham, Reaiandper- 

■ Ti I , ji'j'z- /»ii A. r J.^ Bonal estate not 

mcorporated by chapter thirty-four ot the acts ot the to exceed 
year eighteen hundred and seventy-nine, is hereby author- ^i*^**-'^'^*^- 
ized for the purposes set forth in said act to hold real and 
personal estate to an amount not exceeding one hundred 
thousand dollars. 

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

Approved February 27, 1890. 

An Act authorizing the arms academy to hold additional (JJiqj)^ 56 
real and personal estate. 

Be it enacted, etc., as follows : 

Section 1. The Arms Academy, incorporated by Mayhoidadai- 
chapter forty-nine of the acts of the year eighteen hundred peJLonaTestete. 
and sixty, is hereby authorized to hold additional real and 



54 1890. — Chapters 57, 58. 

personal estate to an amount not exceeding fifty thousand 
dollars. 

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

Approved February 27^ 1890. 

GhaV' 5T -^^ ^^^ '^^ AUTHOKIZE CHARLES A. KING TO BUILD A BRIDGE 
ACROSS A TIDE-WATER CREEK IN THE TOWN OF MATTAPOISETT. 

Be it enacted, etc., as follows: 
Charles A. Section 1. Cliarles A. Kino; is hereby authorized to 

King may build ,,,, , .. i-i -i i 

bridge across a Duild and maintain a bridge, with a culvert therein and 
in Mattapoisett. without a draw therein, over and across the creek in the 
town of Mattapoisett connecting the harbor with the pond 
called Eel pond or Barlow's pond, and which lies westerly 
and near to the railroad station in the village of Matta- 
poisett ; subject to the provisions of chapter nineteen of 
the Public Statutes and of any other laws which now are 
or hereafter may be in force applicable thereto. 

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

Approved February 27, 1890. 

GhCbV. 58 -^^ -^^^ ^^ AMEND AN ACT AUTHORIZING ADVANCES TO OFFICERS 
ENTRUSTED WITH THE DISBURSEMENT OF PUBLIC MONEYS. 

Be it enacted, etc., as follows: 

w^tn^Ts-*" Section 1. Section three of chapter one hundred and 
seventy-nine of the acts of the year eighteen hundred 
and eighty-four is hereby amended by striking out the 
words " on or before the twenty-fifth day of each month", 
in the second and third lines, and inserting in place 
thereof the words : — within thirty days from the receipt 

statement in thereof, — SO as to read as follows: — Section 3. As 

detail to be ■, c t it i • 

made to auditor, soou as may DC after expending such advance, and m any 
case within thirty days from the receipt thereof, the 
officer who has received money of the Commonwealth 
under the provisions of this act, shall file with the auditor 
a statement in detail of the sums expended subsequent 
to the previous accounting, approved by the board, if any, 
authorized to supervise such expenditure, and, where it is 
practicable to obtain them, receipts or other like vouchers 
of the persons to whom the payments have been made. 

dS',^",'iir*>P! *° Section 2. Section four of said chapter one hundred 

1884, 1j9, § 4. , /. 1 .1 .1 

and seventy-nine of the acts of the year eighteen hun- 
dred and eighty-four is amended by striking out the word 
" health ", in the fifth line ; and by striking out the word& 



1890. — Chapter 59. 55 

"one thousand", in the sixth and seventh lines, and 
inserting in phice thereof the words : — fifteen hundred, 
— so as to read as follows: — Section 4. The amount Anio.mt whkh 
advanced to any one officer under the provisions of this ad'vauced. 
act, and not expended and accounted for as herein pro- 
vided, shall not exceed one hundred and fifty dollars at 
any time, except in case of the disbursing officer of the 
l)oard of lunacy and charity, where the amount shall not 
exceed fifteen hundred dollars. 

Section 3. All advances made under this act shall f^ecounted'fo^ 
be accounted for and vouchers filed with the auditor on or '^\"',^°"chf';» 

. , filed with the 

before the twenty-fifth day of December m each year. auditor. 

Section 4. This act shall take eflect upon its passage. 

Approved February 27, 1890. 

An Act to enable the city of lawrence to abate a nuisance QJidn. 59 

EXISTING therein AND FOR THE PRESERVATION OF THE PUBLIC 
HEALTH IN SAID CITY. 

Be it enacted, etc., as follows : 

Section 1. The city of Lawrence for the purpose of ^j^yj'J^^^y'^- 
filling certain low and swamp lands situate in said city and {^[jj^forthf '*'*'^ 
bounded as follows : beo-inninof at the north-east corner of purpose of fiu- 

. '^ /. -n »- 1 • 1 f-tT- j_ J. J. ing certain low 

said lands, at the junction of Melvin and Winter streets, lands. 
thence by a line running westerly and south-westerly 
through Melvin, Margin and Hancock streets to Doyle 
street, thence southerly through Doyle street to Water 
street, thence easterly through Water street to Mel- 
rose street, thence southerly through private land to the 
Merrimack river, thence easterly by said river to Embank- 
ment street, thence through Embankment and Winter 
streets to Melvin street, the point of lieginning, may pur- 
chase the lands or any of them, in said city, with the buildings 
or other fixtures thereon, known as Gale's hill, and bounded 
north by a line running parallel w^ith Lowell street, and 
about one hundred feet distant from said Lowell street, 
about two hundred and eighty feet ; west by a line parallel 
with Warren street, and crossing Essex street, and alK)ut 
one hundred and ninety feet distant from said Warren 
street, about nine hundred and sixty feet ; south by a 
line parallel with Bodwell street, and crossing Greenwood 
street, and about one hundred feet distant from said Bod- 
well street, about five hundred and fifty feet ; east by a 
line parallel with Margin street, and about one hundred 
feet distant from said Margin street, about one thousand 



56 1890.— Chapter 59. 

May take lands, fgg^-^ jf g^[^ ^[^y q^. j^g agents do Dot agree with the 
owner of any such last named lands to purchase the same, 
said city may at any time during the year eighteen hun- 
dred and ninety take said lands, such taking to be done 

Notice to be j^y yote of the citv council. Written notice of such pro- 
given and hear- i -, . i vi i t • i • i i 

inghad. poscd taking shall be served in the manner provided 

in section sixty-seven, chapter forty-nine of the Public 
Statutes, for the service of notice of intention to lay out 
or alter highways. And a hearing shall be had by said 
city council. 

Description of SECTION 2. Within thirty days after the taking of any 

land taken to be - - , '' .'' , . -. . ^ V, 

recorded in leg. land uiidcr thc preceding section, the said city council 

isryo ee 8. gj^^^jj (.^^^gg ^q \^q ^\eA and recorded in the registry of 
deeds for the northern district of the county of Essex a 
description of the land so taken sufficiently accurate foi 
identification, with a statement that the same is taken 
pursuant to the provisions of this act, which description 
and statement shall be signed by the mayor of said city, 
and the title to the land so taken shall vest absolutely in 
the city in fee. 

Damages. Section 3. If any person whose land is taken under 

this act agrees with said city upon the damage done him 
by such taking, the same shall be forthwith paid to him 
by said city. If any person whose land is so taken, or 
who suffers damage or injury by such taking, cannot agree 
with said city as to the value of the estate so taken or 
as to the injury so suffered, he may have the amount of 
damages sustained by him assessed by the county com- 
missioners for the county of Essex on application made 
by him to them in writing within one year after such 
taking, and either party dissatisfied with the award of 
the county commissioners may apply within six months 
after the filing of their award to the superior court for 
said county of Essex for a jury to assess such damages. 
The proceedings before the county commissioners and the 
superior court shall be similar to those in case of land 
taken for highways. The said city shall forthwith pay 
to such persons as may be entitled thereto all such sums 
as may be finally determined to be due to them Avith all 
interest and costs awarded therewith. 

City may till SECTION 4. The Said city may fill said first described 

lands by con- iii 'ii ri 

tract with the low and SAvauip lauds by contract with the owners oi such 
m^nntfro^f till- lauds as to the manner of filling and mode of payment 
ing.etc. therefor by such owners. All such contracts shall be 



1890. — CiiAPTEK 60. 57 

approved by the mayor and aldermen of said city, who 
shall likewise establish the grade to which such filling 
shall be made. 

Section 5. If said city is unable to agree with the Expense may 
owner of any such low and swamp lands as to the manner upoTovTn^r. 
of tilling the same and mode of payment therefor, the city 
may, after notice in writing to such owner served in 
the manner provided in section one, fill such lands to the 
grade established by the mayor and aldermen, and the 
expense of such filling or any part thereof may be assessed 
to the owner of such real estate by said city council. 
Notice of such assessment shall be forthwith served upon Notice to be 
the owner of such real estate, or if the owner is a non- ^'^^°' 
resident, such notice shall be published once a week for 
three successive weeks in some newspaper published in 
said Lawrence, and the sum so assessed shall be a lien 
upon such real estate for two years after it is assessed, 
and if not paid within ninety days after the service of 
the notice herein provided, the amount assessed may be 
collected by a sale of such real estate, conducted in the 
same manner as a sale of real estate for the non-payment 
of taxes ; or, if said city so elect, the amount so assessed 
may be collected by a suit at common law. 

Section 6. An}^ person aggrieved at the amount so Person 
assessed upon his real estate may, at any time within one upliyTo^r aTufy. 
year after such assessment, apply to the superior court 
for said county for a jury to revise such assessment in the 
manner provided in sections six and seven, chapter fifty- 
one of the Public Statutes. 

Section 7. If any person suffers damage or injury by Assessment of 

/• ii nM- • T -> • ,• P 1 i damages. 

reason of the nllmg provided in section five, and cannot 
agree with said city as to the amount of his damage or 
injury, he may have the same assessed in the manner 
provided in section three of this act. 

Approved February 27, 1890. 

An Act to incorporate the marlborough hospital. OhdJ) 60 

Be it enacted, etc., as follows: 

Section 1. Hannah E. Bigelow, S. Herbert Howe, Marlborough 
Edward L. Bigelow, Henry O. Russell, James T. J\Iur- poTated. '"*'°'^' 
phy, Godfre}^ Broulliette, Charles F. ]\Iorse, Eugene G. 
Hoitt, Timothy A. Coolidge, James Campbell, William 
H. Fay, James W. McDonald, William S. Frost, William 



58 



1890. — Chapter 60. 



Real and per- 
sonal estate not 
to exceed 
$500,000. 



Corporation. 



Board of 
trustees. 



Term of office. 



Vacancies. 



Trustees to be 
elected within 
thirty days. 



N. Davenport, Onesime Levasseur, Francis C. Curtis, 
John O'Connell, Winslow M. Warren, and John E, 
Curtis, their associates and successors, are hereby made 
a corporation by the name of Marlborough Hospital, in the 
town of Marlborough, 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 exceeding 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. 

Section 3. The corporation shall consist of the afore- 
said incorporators and of such persons as may at any legal 
meeting of the corporation be elected members thereof by 
ballot. 

Section 4. Said hospital shall be under the care, 
control and management of a board of trustees, consisting 
of not less than twelve persons, three of whom shall be 
elected by the selectmen of Marlborough on or before the 
second Monday in January in each year, and be residents 
of .said Marlborough ; the remainder of said board shall 
be elected by ballot l)y and from the members of the cor- 
poration at a meeting duly called for the purpose and held 
on or before the third Monday in January in each year. 
Said board of trustees shall hold office for the term of one 
year or until their successors are elected. Said trustees 
shall annually elect from their number a president, sec- 
retary and treasurer, and such other officers as they shall 
deem necessary. If a trustee shall die, resign, refuse 
to act or become incompetent to discharge the duties of his 
office, a successor shall be elected by the selectmen of 
Marlborough if such trustee is one of the number elected 
by them, or elected by ballot by the members of the 
corporation if such trustee was originally elected by the 
corporation ; and such trustee elected as aforesaid to 
fill such vacancy shall serve for the remainder of the 
term . 

Section 5. Within thirty days after the passage of 
this act the members of the corporation and the selectmen 



1890. — Chapter 61. 59 

respectively shall elect the number of members of the l)oard 
of trustees to which the}'" are respectively entitled ; and 
said trustees so elected shall serve until the third Monday 
of January in the year eighteen hundred and ninety-one 
or until their successors are elected. 

Section 6. The town of Marlborough is hereby Town may raise 
authorized to raise by taxation a sum of money not uo"n towarcf^''' 
exceeding one thousand dollars per year, and to appro- ^^wortofhos. 
priate the same toward the support and maintenance of 
said hospital. 

Section 7. This act shall take effect upon its passage. 

Approved February 27, 1890. 

An Act to authorize the Worcester, nashua and rochestek pj ^^^ pi 

RAILROAD COMPANY TO ISSUE BONDS TO FUND ITS FLOATING ^' 

DEBT. 

Be it enacted, etc., as folloivs: 

Section 1. To enable the Worcester, Nashua and May issue bonds 

to fund Its noat- 

Kochester Rauroad Company to fund its floating debt, '"g debt. 
and to furnish means for the retirement of its bonds, the 
bonds of the Worcester and Nashua Railroad Company 
and the bonds of the Nashua and Rochester Railroad now 
outstanding, as they shall become due, the said Worcester, 
Nashua and Rochester Railroad Company is authorized to 
issue new bonds from time to time, payable at a time not 
exceeding forty years from their date ; and such bonds shall 
not exceed in amount outstanding at any one time, of old 
and new, the amount authorized to be issued and secured 
under the provisions of section one of chapter two hun- 
dred and fifty of the acts of the year eighteen hundred 
and seventy-nine. The said new bonds shall be secured ^"ew bonds to 

T.i 11 CI -IT be secured uq- 

underthe mortgage or trust deed or the radroad, property der mortgage 
and franchise of the Worcester and Nashua Railroad Com- ifisrg. "^"^'^ 
pany, made and executed under authority of the afore- 
mentioned act, and dated the first day of August in the 
year eighteen hundred and seventy-nine, in the same Avay 
and manner as are the bonds of the Worcester, Nashua 
and Rochester Railroad Company, the Worcester and 
Nashua Railroad Company, and the Nashua and Roch- 
ester Railroad, now outstanding and secured by said 
mortgage. 

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

Approved February 27, 1800. 



60 1890. — Chapters 62, 63, 64. 



Chcip. 62 ^N Act to authorize the town of maynard to make an 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc., as follows: 

LoaiT.'*'^'' ^''^'''^ Section 1. The towu of Maynard, for the purposes 
mentioned in chapter four hundred and seven of the acts 
of the year eighteen hundred and eighty-eight, may issue 
from time to time bonds, notes or scrip to an amount 
not exceeding fifty thousand dollars in addition to the 
amount authorized by said chapter ; such bonds, notes 
or scrip shall bear on their face the words Maynard Water 
Loan, and shall be issued upon the same terms and condi- 
tions and with the same powers as are provided in said 
chapter for the issue of the Maynard water loan by said 

Bonds not to towu : pvovidecl, the whole amount of such bonds, notes 

■6xceed ^l''*5 000 

in the aggregate, or scrip issucd by Said town for the purposes mentioned in 
said chapter shall not exceed in the aggregate the amount 
of one hundred and twenty-five thousand dollars ; and 

Proviso. provided, further, that said town of Maynard shall not 

issue any of such additional bonds, notes or scrip, under 
this act, unless the issuing of the same is authorized by 
a majority vote of the voters of said town present and 
voting thereon at any legal town meeting called for the 
purpose. 

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

Approved February 27, 1890. 

Ghaj) 63 ^^ ^^^ RELATING TO THE TAXATION OF CO-OPERATIVE BANKS. 

Be it eyiacted, etc., as follows: 

^liuon!*^ ^'■°" Section 1. The capital stock, corporate franchises and 
personal estate of co-operative banks shall be exempted 
from taxation ; but this act shall not be construed to ex- 
empt from taxation any real estate of such corporations. 

^ep<i^]°f P-^- Section 2. Section twenty-four of chapter thirteen of 
the Public Statutes is hereby repealed. 

Approved February 27, 1890. 

(JJldJ). 64 -^^ ^^^ "^^ AUTHORIZE THE TOWN OF GARDNER TO CONSTRUCT 
AND MAINTAIN A SYSTEM OF SEWERAGE AND SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

4nfl°rmed.°''° SECTION 1. The actiou of the town of Gardner, at 
an adjourned town meeting held December twenty-seven, 
eighteen hundred and eighty-nine, adopting a system of 



1890.— Chapter 64. 61 

sewerage and sewage disposal, is hereby ratified and 
confirmed ; and the said town is hereby authorized to 
construct and maintain said system, or any part thereof, 
as the town may from time to time by its vote determine. 

Section 2. The legal voters of the town are author- Commissioners 
ized, at a meeting called for the purpose, to elect a ])oard beeiectedr^° 
of three commissioners, voters of Gardner, who shall l)e 
called the board of commissioners of sewerage of Gardner, 
one of whom shall be elected for one year, one for two 
years and one for three years from the next annual March 
meeting after their election. After the first election said 
commissioners shall be chosen, one each year, at the 
annual March meeting, and shall serve three years. 

Section 3. Said board of commissioners shall alone to have power 
have power to construct, maintain and repair all sewers, ma'inta^n'le'w"'' 
drains and works necessary to complete the system of "^' '^"^• 
sewerage and sewage disposal adopted by the town. 
They shall have full power to take by purchase or other- 
wise any lands, rights of way, easements or other real 
estate necessary for the establishment and construction of 
the system of sewerage and sewage disposal adopted. 

Section 4. No act shall be done under the authority subject to ap. 
of this act until the system adopted, and the location of rtaTe^o^Sd^iff 
the lands taken for the purpose of sewage disposal, have ^''''''^''• 
been approved by the state board of health. 

Section 5. When any lands, rights of way, ease- Description of 
ments or other interests in real estate are to l)e taken by takln to be ro- 
the said board of commissioners, under the authority of t?ytf*^de"eds^'^ 
this act, in any other way than by purchase, said board 
of commissioners shall, within sixty days from such 
taking, file and cause to be recorded in the registry of 
deeds for the county and district where the lands lie 
a description of the same signed by said board, as certain 
as is required in a common conveyance of land, with a 
statement of the purpose for which the same is taken ; 
and upon such filing, the title to such lands, rights of way, 
easements or other interests in real estate as described 
shall vest in and become the property of the town ; and 
all sewers, drains and works constructed under authority 
of this act shall be and remain the property of said town. 

Section 6. Said town shall pay all damages sustained Jama"f!l8 suJ- 
by any person or corporation, in property, by reason tuined. 
of such taking ; and any person or corporation sus- 
taining damage as aforesaid, who fails to agree with 



62 



1890. — Chaptee 64. 



■Commissioners 
may carry sew- 
ers and drains 
under streets, 
€tc. 



May dig up pri- 
vate land. 



Town may con- 
sent that a 
specified sum 
may be 
awarded as 
damages. 



Private drains 
and sewers. 



Person ag- 
grieved in 
damages may 
apply to county 
commissioners 
for a revision. 



Sum deter- 
mined to con- 
stitute a lien 
upon the real 
estate. 



said board of commissioners as to the amount thereof, 
may have their damages assessed and determined in the 
manner provided by hiw when hmd is taken for the laying 
out of highways, on application at any time within two 
years from the taking of such land or other propert3% 

Sectiox 7. Said board of commissioners are author- 
ized for the purpose of this act to carry its sewers and 
drains under any street, railroad, highway or other way, 
in such manner as not unnecessarily 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 pur- 
poses of this act. 

Section 8. In every case of a petition for the assess- 
ment of damages or for a jury, the said town may offer 
in court and consent in writing that a sum therein spec- 
ified 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 offer and 
shall not finally recover a greater sum than the sum so 
offered, not including interest on the sum recovered in 
damages from the date of the ofler, the said town shall be 
entitled to recover its costs after said date, and the com- 
plainant, if he recover damages, shall be allowed his costs 
only to the date of the offer. 

Section 9. Said board of commissioners may allow 
any person or corporation to enter their private drain into 
any sewer or drain constructed under the authority of 
this act, under such terms and conditions as they may 
determine, and every such person who may use any drain 
or sewer constructed under the authority of this act shall 
pay to the town for the permanent privilege to the whole 
or any part of his estate such sum as said board of com- 
missioners shall determine. 

Section 10. A person aggrieved by such determina- 
tion of a sum to be paid by him under the preceding 
section may, within six months after written notice of 
such determination, apply to the county commissioners 
for a revision thereof. If they reduce the amount, the 
town shall pay the costs of the application and hearing ; 
otherwise the said costs shall be paid by the applicant. 

Section 11. The sum so determined to be paid under 
section nine of this act shall constitute a lien upon the 
real estate connected with any sewer or drain for two years 
after the notice provided for in section ten, and may with 



1890. — Chapter 65. . 63 

III! iiK'idcMital costs and expenses bo collected by said board 
of commissioners in the same manner as taxes upon real 
■estate, or in an action of contract in the name of the town. 

Section 12. Plans and descriptions of all drains and pians, etc., to 

T ,,,,., , ,. t'e kept in olhce 

sewers constructed, and all lands, rights ot way, ease- of commission- 
ments and other real estate taken under the authority of 
this act, with a true record of the cost of making and 
repairing the same, and of all assessments therefor, shall 
be kept in the office of the said board of commissioners. 

Sectiox 13. The said town may by vote determine Town may vote 
■what proportion of the cost of the system of sewerage of'c^ost'itCm"" 
and sewage disposal it shall ultimately pay, provided the ^'^^■ 
amount shall not exceed one-third of the whole cost. 

Section 14. All contracts made by the said board for contracts by 
the purpose of this act shall be the contracts of the town, ^obeconuacts 

Section 15. The said town of Gardner is hereby of the town. 

, . - . - ... r Sewer Scrip of 

authorized to raise and appropriate in such manner as it the Town of 
shall determine, subject to the provisions of chapter of^istlo!'' 
twenty-nine of the Public Statutes, such sums of money 
as shall be required to carry out the purposes of this act, 
and may from time to time issue negotiable notes, bonds 
or scrip, to be known as Sewer Scrip of the Town of 
Gardner, Act of 1890, payable at periods not exceeding 
twenty years from date of issue and bearing such rate of 
interest not exceeding six per cent, as the town may 
determine. The town 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, on such terms and conditions as it may deem proper. 

Section 1(3. Whenever it shall appear to the board pud in unsani- 

. . ^ tary condition 

of health that the health of the community is endangered may be ordered 
by the unsanitary condition of any estate which abuts heauhtobe^ 
upon any street in which a sewer has been laid they may 
require the owner of such estate to have such estate 
oonnected with the sewer. 

Section 17. This act shall take effect upon its passage. 

Approved February 27, 1890. 



connected with 
sewer. 



An Act to authorize the town of duxbuky to borrow 
monet in excess of the limit of indebtedness fixed by 

LAW. 

Be it enacted, etc., as follows: 



Chap. (55 



Section 1. 
its share of the 



The town of Duxbury, in order to pay Mayraue 
cost of buildino; a bridge from Pow^der ™°"<'>''"^"^ 



64 



1890. — Chapter 66. 



of debt limit to 
pay share of 
cost of bridge. 



point to Duxbury (Salter's) beach, authorized by 
chapter three hundred and one of the acts of the year 
eighteen hundred and eighty-seven and acts amendatory 
thereof, is hereby authorized to raise, by its treasurer, 
not exceeding twenty-iive thousand dollars by loan, scrip 
or bonds, in excess of the limit of indebtedness fixed by 
law. 

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

Approved February 28, 1890, 



Chap. 66 ^^ ^^^'^ "^O AUTHORIZE THE CONSTRUCTION AND MAINTENANCE OF 
A HIGHWAY AND BRIDGE OVER POWOW RIVER IN THE TOWN 
OF AMESBDRT. 

Be it enacted, etc., asfoUotcs: 

Section 1. The county commissioners of the county 
of Essex are hereby authorized and empoAvered, if in their 
judgment the public necessity and convenience recjuire, 
and subject to the provisions of chapter nineteen of the 
Public Statutes, to lay out a highway and construct a 
bridge, with a good and sufiicient draw therein, across 
the Powow river on the site of the Powow river bridge in 
the town of Amesbury. 

Section 2. The said county commissioners before any 
work of construction is begun and before laying out said 
highwa}' or constructing said bridge shall, after due notice 
to all parties interested and after a hearing of all such 
parties, proceed to determine what cities and towns in 
said county receive special benefit from the construction 
of said bridge, and shall apportion and assess upon said 
county and said cities and towns such amount as they shall 
deem just for the cost of constructing said bridge. The 
cost of repairing and maintaining said bridge shall be 
borne and paid by such cities and towns, or both, as the 
county commissioners may determine, after notice and 
hearing as heretofore provided with relation to the original 
cost. 

Section 3. Said commissioners in laying out and 
constructing said road and bridge shall in all respects 
proceed as now provided by law for laying out and con- 
structing highways. 

Section 4. This act shall take efiect upon its passage. 

Approved March 4, 1890. 



County commis- 
sioners may 
construct 
bridge, etc., 
across Powow 
river in Ames- 
bury. 



To apportion 
and assess upon 
county, cities 
and towns for 
cost of construc- 
tion. 



To proceed as 
in laying out, 
etc., highways. 



1890. — Chapter 67. 65 



An Act to incorporate the dell park cemetery association /^^^^^ cyj 

OF THE TOWN OF NATICK. -^ 

Be it enacted, etc., as foUoivs: 

Section 1. John O. Wilson, Edward Clark, William PeiiPark 
D. Parlin, Francis Bi2:elow, Nathan B. Goodnow, John ciauoirmcor! ' 
B. Walcott, Leonard "Winch, Harrison Harwood, Riley p"'"^'"''- 
Pebbles, Royal E. Farwell, Daniel Wight and Isaac A. 
Flagg, their associates and successors, are hereby made 
a corporation by the name of the Dell Park Cemetery 
Association, for the purpose of acquiring, controlling, 
caring for and improving grounds set apart and known 
as Dell park cemetery, situated and lying within one 
enclosure in the town of Natick ; and said corporation 
shall have all the powers and privileges and be subject 
to all the duties, restrictions and lialiilities contained in 
all general laws which now are or may hereafter be in 
force relating to such corporations, except as hereinafter 
provided. 

Section 2. Said corporation is hereby authorized to May take pos- 

.1 • 1 iiiii.'-! J. Bession of Dell 

take possession and assume legal control oi said cemetery ; i>ark cemetery. 
and said town of Natick is hereby authorized to transfer 
and convey to said corporation, upon such terms as may 
be agreed upon, all the right, title and interest which it 
has in the lands which have been purchased and set apart 
for said cemetery, and in all other estate, property, rights 
and things appertaining thereto, which said town now 
has or is entitled to have, and in and to all moneys stand- 
ing to the credit of said cemetery, and all other trust 
funds relating to said cemetery : provided, that a majority Proviso. 
of the legal voters of said town present and voting shall 
vote so to do after being duly notified of the time and 
place of the meeting called for such intended action. 
And said corporation shall hold the said property, estate 
and rights for the same uses and purposes and charged 
with the same duties and liabilities for and subject to 
which the same are now held by the town of Natick ; and all 
rights which any persons have acquired in said cemetery 
shall remain valid to the same extent as if this act had not 
been passed. 

Section 3. Any person who now is or may hereafter Members of 
become a proprietor of a lot, by deed or otherwise, in the '=°''p°'^''"°°- 
land mentioned in section one of this act, or in land here- 
after acquired by said corporation, shall become a member 



66 



1890. — Chapter 67. 



May acquire ad- 
ditional land. 



May take and 
hold property 
upon trust. 



Officers of the 
corporation. 



of said corporation by applying to the trustees hereinafter 
mentioned and receiving a deed or certificate of such lot 
from said corporation ; and when any person shall cease 
to be the proprietor of a lot in the lands of said corpora- 
tion he shall cease to be a member thereof. 

Section 4, Said corporation may acquire by gift, 
devise or purchase, and hold in fee, additional land to 
the extent of twenty acres for the purpose of enlarging 
said cemetery from time to time, and may hold so much 
personal property as may be necessary for the objects 
connected with and appropriate to the purposes of said 
corporation ; and the said corporation is hereby authorized 
to take and hold any grant, donation or bequest of property 
upon trust, to apply the same or the income thereof for the 
improvement or embellishment of said cemetery, or for 
the construction, repair, preservation or renewal of any 
monument, fence or other erection, or for planting and 
cultivation of trees, shrubs or plants in or around any lot, 
or for improving said premises in any other manner or form 
consistent with the purposes for which said cemetery is 
established, according to the terms of said grant, donation 
or bequest ; and whenever any such grant, donation or 
bequest, or any deposit of any money, shall be made by 
the proprietor of any lot in said cemetery for the annual 
repair, preservation or embellishment of such lot and the 
erections thereon, the said corporation may give to such 
proprietor or his representatives an agreement or obliga- 
tion in such form and upon such terms and conditions as 
they may establish, binding themselves and their succes- 
sors to preserve and keep in repair said lot forever, or 
for such period as may be agreed upon. 

Section 5. The officers of said corporation shall con- 
sist of seven trustees, a clerk, a treasurer, and such other 
oflScers as may be provided for by the by-laws. Such 
officers shall be elected by the corporation at a meeting 
legally called for that purpose, and said trustees shall in 
the first instance be chosen one for one year, one for two 
years, one for three years, and so on respectively ; and 
thereafter one shall be chosen annually to serve for seven 
years. The other officers of said corporation shall hold 
their offices for the term of one year or until others shall 
be chosen and qualified in their stead, unless otherwise 
provided in the by-laws. The treasurer shall give a bond 
for the faithful discharije of his duties in such sum and 



1890. — Chapters 68, 69. 67 

with such sureties as may be required by the by-laws of 
the corporation. 

Sectiox G. This act shall take eflect upon its passage. 

Aj^proved March 6, 1890. 



Chap. 68 



An Act to incorporate the alpha theta chapter of the 

CHI PSI fraternity in "WILLIAMS COLLEGE. 

Be it enacted, etc., as foUoivs: 

Section 1. William P. Prentice, Samuel P. Blagden, Alpha Theta 
George W. Van Slyck, Alexander T. Van Nest, William T. ghf'rsTFra-''" 
Booth, AYilliam M. Grosvenor, Walter F. Hawkins, Fred If/ZToS' 
R. Bigelow, Vanderpael Adriance, Hale Holden, H. K. 
White, Jr., Charles C. Nott, John S. Sheppard, Calvin 
Bullock, Munson Burton, their associates and successors, 
are made a corporation under the name of the Alpha Theta 
Chapter of the Chi Psi Fraternity in Williams College, 
for the purpose of holding and managing the real estate 
and personal property of the said chapter, with the powers 
and privileges and subject to the duties, liabilities and 
restrictions which now are or may hereafter be in force 
relating to such corporations. 

Section 2. The said corporation is hereby authorized j^i!^jn°ihe™ity 
to hold meetings, for the purposes mentioned in this act, of New York. 
in the city of New York as well as in this Commonwealth. 

Section 3. The said corporation is authorized to Reaiandper- 

I 111 , t 11 sonal estate. 

receive, purchase, hold, mortgage and convey real and 
personal property for the uses of said chapter : provided, 
that the value of the real estate so held at any time shall 
not exceed fifty thousand dollars, and that said property 
shall not be exempt from taxation. 

Section 4. Chapter sixty-one of the acts of the year Repeal of 1882, 
eighteen hundred and eighty-two is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved 3Iarch 6, 1890. 



An Act to amend the charter of the city of woburn as to QliQfn^ 59 

NOTICE OF special MEETINGS OF THE CITY COUNCIL. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter three hundred and fn^g^^onhTcUy 
seventy-four of the acts of the year eighteen hundred and council. 
eighty-eight is hereby amended l)y inserting after the word 
"be", in the sixteenth line thereof, the following words : — 
delivered in hand or, — so that the fourth paragraph of said 
section shall read as follows : — He may call special meet- 



68 



1890. — Chapters 70, 71. 



Chap 



p. S. 207, § 15, 
amended. 



Importing, 
eelliDg, 

receiving, etc., 
obscene book, 
print, etc. 



Chap. 71 



p. S. 84, § 17, 
amended. 



Funeral ex- 
penses of pau- 
pers. 



iEgs of the city council, or either branch thereof, Avhen in 
his opinion the interests of the city require it, byf causing 
notices to be delivered in hand or left at the usual places 
of residence of the members to be convened. 

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

Approved March 6, 1890. 

7Q An Act relating to offences against chastity, morality, 

DECENCY AND GOOD ORDER. 

Be it enacted, etc., as foUoivs: 

Section fifteen of chapter two hundred and seven of 
the Public Statutes is hereby amended by inserting after 
the word " language", in the third line of said section, the 
word : — or, — so that the said section shall read as fol- 
lows : — /Section 15. Whoever imports, prints, publishes, 
sells, or diitributes a book, pamphlet, ballad, printed 
paper, or other thing containing obscene, indecent, or 
impure language, or manifestly tending to the corruption 
of the morals of youth, or an obscene, indecent, or impure 
print, picture, figure, or description, manifestly tending 
to the corruption of the morals of youth, or introduces 
into a family, school, or place of education, or buys, pro- 
cures, receives, or has in his possession any such book, 
pamphlet, ballad, printed paper, or other thing, either 
for the purpose of sale, exhibition, loan, or circulation, 
or with intent to introduce the same into a, family, school, 
or place of education, shall be punished by imprisonment in 
the state prison not exceeding five years, or by imprison- 
ment in the jail not exceeding two years, and by fine not 
exceeding one thousand dollars nor less than one hundred 
dollars. Approved March 6, 1890. 

An Act relating to the funeral expenses of paupers. 

Be it enacted, etc., as folloivs : 

Section seventeen of chapter eighty-four of the Public 
Statutes is hereby amended by striking out the word 
"ten", in the thirteenth line thereof, and substituting 
therefor the word: — fifteen, — and by striking out the 
word " five", in the fourteenth line thereof, and substitut- 
ing therefor the word : — ten, — so that the last clause of 
said section shall read as follows : — And if in case of their 
burial the expense thereof is not paid by such kindred, 
there shall be paid from the treasury of the Common- 
wealth fifteen dollars for the funeral expenses of each 



1890. — Chapters 72, 73, 74. 69 

pauper over twelve years of age, and ten dollars for the 
funeral expenses of each pauper under that age. 

Approved March 6, 1890. 

An Act to determine the license fee for spayed dogs. Oh an 72 
Be it enacted, etc. , as follows : 

Section eisrhty-two of chapter one hundred and two of i*- s- P^- § 82, 
the Public Statutes is hereby amended by adding at the 
end of said section the following words : — unless a certifi- 
cate of some competent person who performed the opera- 
tion is tiled with the clerk of the city or town, that said 
female dog has been subjected to the operation of spaying 
and is thereby deprived of the power to perpetuate her 
species, in which case the fee shall be two dollars, — so 
as to read as follows: — Section 82. The fee for every License fees for 
license shall be tw'o dollars for a male dog, and five dol- niined. ^^"^ 
lars for a female dog, unless a certificate of some com- 
petent person who performed the operation is filed with 
the clerk of the city or town, that said female dog has 
been sulijected to the operation of spaying and is thereby 
deprived of the power to perpetuate her species, in which 
case the fee shall be two dollars. 

Approved March 6, 1890. 

An Act relating to the expiration of the licenses of nTif^-y^ 7Q 
innholders and common victuallers. ^ * 

Be it enacted, etc., as follows : 

Sectiox 1. The licenses of innholders and common Expiration of 
victuallers, granted under the provisions of chapter one howersand""* 
hundred and two of the Public Statutes, shall expire on "^^^^l^^"^' 
the thirtieth day of April of each year ; but such licenses 
may be granted during the month of April, to take eiFect 
on the first day of May next ensuing. 

Section 2. Section four of chapter one hundred and fg' g^/el' ^ ^' 
two of the Public Statutes is hereby repealed. 

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

Approved March 6, 1890. 

A]s' Act in relation to the preservation of public health (JJidjy^ 7^ 

IN CITIES. 

Be it enacted, etc., as folloivs : 

Section 1 . No privy vault shall be established in a Location of 
city which accepts this act either upon premises situated cmlUegi'ilted. 
on a public or private street, court or passage way 



70 1890. — Chapters 75, 76. 

where there is a public sewer opposite thereto, or upon 
premises connected with a public or private sewer, with- 
out permission in writing first obtained from the board of 
health of such city. And whenever there is in such city 
a privy vault so situated which, in the opinion of the board 
of health of such city, is injurious to the public health, 
said board shall declare the same to be a nuisance, and 
forbid its continuance, and sections twenty-one to twenty- 
three inclusive of chapter eighty of the Public Statutes 
shall apply to such nuisances so declared. 
To take effect SECTION 2. This act shall take effect in any city of the 

upon accept- t i i • -i i c 

ance. Commouwealth when accepted by the city council thereoi. 

Approved 3farch 6, 1S90. 

ChaV' 75 ^^ ^^^ ^^ REPEAL CHAPTER ONE HUNDRED AND SEVENTY-FIVE 
OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY- 
NINE AUTHORIZING WILLIS T. EMERY AND OTHERS TO DRIVE 
PILES IN CHARLES RIVER. 

Be it enacted^ etc., as follows: 
Repeal of 1889, SECTION 1 . Chapter ouc hundred and seventy-five of 
the acts of the year eighteen hundred and eighty-nine, 
authorizing Willis T. Emery and others to drive piles in 
Charles river, is hereby repealed. 

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

Approved March 6, 1890. 

CJiaV 76 -^^ -^^^ '^^ ENLARGE THE POWER OF THE TRUSTEES OF BOSTON 
UNIVERSITY TO HOLD PROPERTY WITHOUT ADDITIONAL EXEMP- 
TION FROM TAXATION. 

Be it enacted, etc., as follows: 

fs^orsSTs-*" Section three of chapter three hundred and twenty-two 
of the acts of the year one thousand eight hundred and 
sixty-nine is hereby amended by striking out the last two 
lines thereof, "but the clear annual income of the same 
"shall not exceed one hundred thousand dollars", and 
inserting in place thereof the following: — provided, 
however, that nothing herein contained shall be construed 
to give the said corporation any claim to greater exemp- 
tion from taxation than it now has under the constitution 
and laws of this Commonwealth, — so that said section 

Trustees of shall I'cad as follows : — Section 3. The said corporation 

Boston Univer- , i i • i ji ^^ 

sity. may have a common seal, which they may alter or renew 

at their pleasure, and all deeds sealed with the seal of 
said corporation, and signed by their order, shall, when 



1890. — Chapters 77, 78. 71 

made in their corporate iifime, be considered in law as the 
deeds of said corporation ; and said corporation may sue 
and be sued in all actions, real, personal and mixed, and 
may prosecute the same to final judgment and execution 
by the name of the Trustees of Boston University ; and 
said corporation may take and hold in fee simple, or any 
less estate, by gift, grant, devise, bequest or otherwise, 
any land, tenements, or other estate, real or personal : 
provided, however, that nothing herein contained shall 
be construed to give the said corporation any claim to 
greater exemption from taxation than it now has 
under the constitution and laws of this Commonwealth. 

Approved March 6, 1890. 

An Act to authorize the boston, winthrop and shore QJiq^jj^ 'J'J 
railroad company to discontinue and abandon a part of 
its road in the town of revere. 

Be it enacted, etc., as folloivs: 

Sectiox 1. The Boston, Winthrop and Shore Eail- ^anoMu^^oad 
road Company is hereby authorized to discontinue and in town of 
abandon the whole or any part of that portion of its 
present railroad route and location which extends from 
the boundary line between the towns of Winthrop and 
Revere to the location of the road of the Boston, Revere 
Beach and Lynn Railroad Company. The said railroad 
company, whenever it intends to discontinue and abandon 
said railroad route and location or any part thereof as 
above authorized, shall file in the office of the clerk of 
the railroad commissioners a statement of its intention, 
and said statement so filed shall be conclusive evidence 
of such discontinuance and abandonment. 

Section 2. All persons sustaining injury by such dis- 
continuance and abandonment shall have the same rights 
and remedies for the assessment and recovery of damages 
therefor as are now provided by law in relation to damages 
occasioned by the laying out and maintaining of railroads. 

Sectiox 3. This act shall take efiect upon its passage. 

Approved 3farch 6, 1890. 

An Act relating to loans of the balances of co-operative nji^jy^ 78 

BANKS. 

Be it enacted, etc., as folloivs: 

Section 1. Section ten of chapter one hundred and p.'g^n?]'§'Jo? 
seventeen of the Public Statutes is hereby amended l»y 



72 1890. — Chapters 79, 80. 

adding at the end of said section the words: — or may 
loan the same upon the shares of the corporation, on the 
approval of the directors or investing committee thereof, 
at the highest rate paid at the last preceding monthly sale 
of such moneys, — so that the section shall read as fol- 
lfnt'by^nonthly lows : — Sectioii 10. The moneys accumulated, after 
sales, etc. (j^g allowaucc made for all necessary and proper expenses 

and for the withdrawal of shares, shall, at each stated 
monthly meeting, be oflered to the members according to 
the premiums bid by them for priority of right to a loan. 
Each meml)er whose bid is accepted shall be entitled upon 
giving proper security to receive a loan of two hundred 
dollars for each share held by him, or such fractional part 
of two hundred dollars as the by-laws may allow. If a 
balance of money remains unsold after a monthly sale, 
the directors may invest the same in any of the securities 
named in the second clause of section twenty of chapter 
one hundred and sixteen, or may loan the same upon the 
shares of the corporation, on the approval of the directors 
or investing committee thereof, at the highest rate paid 
at the last preceding monthly sale of such moneys. 

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

Approved March 7, 1890. 

GhcLV. 79 An Act to authokize the fkanklin typographical society 

TO HOLD ADDITIONAL REAL ESTATE. 

Be it enacted^ etc., as follows : 

Sueai^'^'^'' Section 1. The Franklin Typographical Society, a 
estate. Corporation chartered in the year eighteen hundred and 

twenty-tive, is hereby authorized to hold additional real 
estate for the purposes of said society, provided that the 
entire amount so held shall not exceed fifty thousand 
dollars in value. 

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

Approved March 10., 1890. 

Chap. 80 -^N Act to amend an act to incorporate the trustees of 

TUFTS COLLEGE. 

Be it enacted, etc., as folloios : 
May maintain a Section 1. The trustccs of Tufts Colleo'e are hereby 

preparatory ■, . -, ii-i i . • ii 

school. authorized to establish and mamtain a preparatory school, 

and for this purpose said corporation shall be capable of 
taking and holding in fee, or any less interest, by gift, 



1890. — Chapters 81, 82. 73 

grant, bequest, devise or otherwise, any lands, tenements 

or other estate, real or personal : provided, that the clear Annual income 

annual income of the same shall not exceed twenty thou- s^u.ooo. 

sand dollars ; and said corporation may act as trustee in 

accepting", holding and managing estates for said school 

or incident thereto, and in executing such trusts. 

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

Approved March 10, 1890. 

An Act to incorporate the park congregational cuurch in nj^rtj) ftl 

SPRINGFIELD. -^ 

Be it enacted, etc., as follows : 

Sectiox 1. George M. Stearns, AVilliara C. Lawton, Park congrega- 
Jacob T. Bowne, William L. Quinnell, Oliver C. Morse, sprhiVtieid may 
William M. Hoag, George H. Olds, Luther Gulick, Theo- ^-^ incorporated. 
dore F. D wight and John McFethries, with all other mem- 
bers of the Park Congregational Church in Springfield, and 
their successors as members of such church, are hereljy 
authorized to incorporate by the name of Park Congrega- 
tional Church, and shall be entitled to all the powers and 
privileges and subject to all duties, restrictions and liabili- 
ties set forth in all general laws which now are or hereafter 
may be in force as to such religious societies. 

Section 2. Said corporation may hold real and per- 
sonal estate to an amount not to exceed twenty-five thou- 
sand dollars for parochial and religious purposes. . 

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

Approved March 10, 1890. 

An Act to provide for the election of trustees of the (JJiQ/n 82 

WOBURN PUBLIC LIBRARY. 

Be it enacted, etc., as follows : 

Section 1. Section twenty-four of chapter three hun- Amendment to 
dred and seventy-four of the acts of the year eighteen Election of Vus- 
hundred and eighty-eight is hereby amended by adding '^^^^^^ *i" ^''«''"»- 
at the end of said section the following words : — Any 
vacancy occurring at any time in the corporation and board 
of trustees of the Woburn Public Liln*ary shall lie filled 
by election by concurrent vote of the city council at any 
regular meeting thereof or at a meeting specially called 
for that purpose. 

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

Approved March 10, 1890. 



74 1890. — Chapters 83, 84, 85. 



Chap. 83 ^^ ^^^ RELATIVE TO REPORTS OF ACCIDENTS IN FACTORIES AND 
IN MANUFACTURING AND MERCANTILE ESTABLISHMENTS. 

Be it enacted, etc., as follows : 
^J^.^^^S^^^^^^ Section one of cha]:)ter two hundred and sixty of the 

1886, 'ibO. • I 1 T 1 1 • 1 • • 1 

acts ot the year eighteen hundred and eighty-six is hereby 
amended by striking out in line one the word "and"; 
by inserting in line two after the word " corporations " the 
words : — and proprietors of mercantile establishments, — 
by striking out in line four the word "or"; also by 
inserting in line five after the w^ord " manufacturing" the 
words: — or mercantile, — so as to read as follows: — 
^mp^oyeeVt°o Scction 1. All manufacturers, manufacturing corporations 
the'^^href'of the ^^^ proprietors of mercantile establishments shall forth- 
district police, with scnd to the chief of the Massachusetts district police 
a written notice of any accident to an employee while at 
work in any factory, manufacturing or mercantile estab- 
lishment operated by them whenever the accident results 
in the death of said employee or causes bodily injury of 
such a nature as to prevent the person injured from return- 
ing to his work within four days after the occurrence of 
the accident. Approved March 10, 1890. 

Chap. 84 -A^N Act to change the name of the farrell and may shoe 

COMPANY. 

Be it enacted, etc., as folloivs : 
f^'J!%^rrf, Section 1. The name of the Farrell and Mav Shoe 

to the Pittsneld . , -^ 

Shoe Company. Compauy, a corporatiou organized under the general laws 
of the Commonwealth, is hereby changed to the Pittsfield 
Shoe Company. 

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

Approved March 10, 1890. 

Chav. 85 -^^ ^^'^ '^^ provide for the election of engineeks of the 

FIRE DEPARTMENT IN THE Cixy OF WOBUKN. 

Be it enacted, etc., as follows : 
City charter SECTION 1. Scctiou eighteen of chaptcr thrcc hundred 

araended. . „ ^ir-i -i tit 

and seventy-iour ot the acts ot the year eighteen hundred 
and eighty-eight is hereby amended by striking out in the 
sixth and seventh lines thereof the words " a chief engineer 
and not more than four assistant engineers of the fire de- 
partment ", and by adding at the end of said section the 
following words: — The city council shall in the month 



1890. — Chapter 85. 75 

of March of the current year choose by concurrent vote a Kioction of 
chief engineer of the tire department who shall hold otlice ""'""^ engineer. 
for tlie term of two years, beginning on the first Monday of 
April of the current year, and until his successor is chosen 
and qualified. The city council shall in like manner choose AsBistant engi- 
one assistant engineer of the fire department who shall hold "''''"■ 
office for the term of one year, beginning on the first 
Monday of April of the current year, and until his succes- 
sor is chosen and qualified. In the month of March in the 
year eighteen hundred and ninety-one, and every two 
years thereafter, the city council shall by concurrent vote 
choose an assistant engineer who shall hold office for the 
term of two years, beginning on the first Monday of April 
then next ensuing, and until his successor is chosen and 
qualified ; and in the month of March of the year eighteen 
hundred and ninety-two, and every two years thereafter, 
the city council shall by concurrent vote choose a chief 
engineer who shall hold office for the term of two years, 
beginning on the first Monday of April then next ensuing, 
and until his successor is chosen and qualified, — so tliat 
said section as amended shall read as follows : — Section 
18. The city council shall annually in the month of [j.^Jg^/fg^'^'auji 
January in convention choose by joint ballot a city clerk, tor', etc. 
and also a treasurer and a collector of taxes, who may be 
the same person, and may by concurrent vote choose a 
city solicitor, a city auditor, a city physician, a superin- 
tendent of streets, who shall hold their respective offices 
for the term of one year, beginning with the first Monday 
of February next ensuing, and until their respective suc- 
cessors shall be chosen and qualified. The city council chief engineer 
shall in the month of March of the current year choose by 
concurrent vote a chief engineer of the fire department 
who shall hold office for the term of two years, beginning 
on the first Monday of April of the current year, and until 
his successor is chosen and qualified. The city council 
shall in like manner choose one assistant ens-ineer of the 
fire department who shall hold office for the term of one 
year, beginning on the first Monday of April of the cur- 
rent year, and until lys successor is chosen and qualified. 
In the month of March in the year eighteen hundred and 
ninety-one, and every two years thereafter, the city council 
shall by concurrent vote choose an assistant engineer who 
shall hold office for the term of two years, beginning on 
the first Monday of April then next ensuing, and until his 



76 1890. — Chapter 86. 

successor is chosen and qualified ; and in the month of 
March of the year eighteen hundred and ninety-two, and 
every two years thereafter, the city council shall by con- 
current vote choose a chief engineer who shall hold oflice 
for the term of two years, beginning on the first Monday 
of April then next ensuing, and until his successor is 
chosen and qualified. 

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

Approved March 10, 1890. 

(JJldp, 86 ^^ -^^"^ '^^ UNITE THE CITY OF SPRINGFIELD AND THE TOWN OF 

WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

field an(ftowT Section 1. All the territory now comprised within 
of \\"e8t Spring- the Umits of the town of West Springfield in the county 

held may unite. „ -^^ , • ^ t ' t ^ .j t i •• 

oi Hampden, with the inhabitants and estates therein, is 
hereby annexed to and made a part of the city of Spring- 
field in said county : provided, hoiuever, that until consti- 
tutionally and legally changed said territoiy for the 
purpose of electing state senator and representatives shall 
continue to belong to the respective districts of which it 
now is legally a part. All the duties now required by 
law to be performed by the selectmen and town clerk of 
the town of West Springfield, or either of them, per- 
taining to the election of said state senator and repre- 
sentatives, shall, in like manner, devolve upon and be 
performed by the mayor and board of aldermen and city 
clerk of the city of Springfield, respectively, as provided 
by law for such elections in said city. Ward and precinct 
officers of the ward created out of said territory, as 
hereinafter provided, shall be appointed, have like duties 
and perform them in like manner as similar officers of 
other Avards and precincts in said city. The precincts 
now established in said town shall remain the same until 
the alteration of the ward limits of said city provided 
by law. 
mty^'to^blVeS' Section 2. All the public property of the said town 
s°rin^ field °^ Wcst Springfield shall be vested in and is hereby 
declared to be the property of the city of Springfield ; 
and said city of Springfield shall succeed to all the rights, 
claims, causes of action, rights to uncollected taxes, liens, 
uses, trusts, duties, ]irivileges and immunitiies of said 
town of West Springfield. All powers conferred upon 



1890. — Chaptek 86. 77 

the selectmen by the provisions of section three of chapter 
forty-four of the acts of the year cigliteen hundred and 
seventy-eight shall be exercised l)y the board of mayor 
and aldermen of the city of Springtield, and the provisions 
of said act shall continue in force. The town treasurer 
of the town of West Springfield shall, on or before the 
second Monday of January in the year eighteen hundred 
and ninety-one, under the direction of the selectmen of 
said town of West Springfield (who shall for this purpose 
and for all other purposes necessary to carry into full 
effect the provisions of this act continue to hold their 
offices over), transfer, deliver, pay over and account for, 
to the city treasurer of the city of Springfield, all l)ooks, 
moneys and other property in his possession as town 
treasurer of said town of West Springfield when this act 
shall take effect ; and the city of Springfield shall become 
liable for and subject to all the debts, obligations, duties, 
responsibilities and liabilities of said towm of West Spring- 
field : jirovided, that if this act is accepted no debt shall 
be contracted nor expenses made except for the ordinary 
expenditures of said town. All actions and causes of 
action which may be pending or which may have accrued 
at the time this act shall take effect, in behalf of or against 
the town of West Springfield, shall survive and may be 
prosecuted to final judgment and execution in behalf of 
or against the city of Springfield. The city of Sprino- cuy may take 
field, may take the property of the West Springfietd re'^fgring''" 
Aqueduct Company, in accordance with the provisions company!''"''' 
of section seven of chapter one hundred and thirty-eight 
of the acts of the ^(ear eighteen hundred and seventy-five : 
provided, however, that until it shall so take said property 
it shall not, unless hereafter duly authorized by the 
general court, supply the territory above described, or 
any portion of the same, with water by connection with 
or extension of its present system. 

Section 3. Said territory shall constitute a ward of T?"^r^°^ 

. . ^, . , "^ West Spnng- 

the city of Sprmgfield, to be called ward nine, and shall fleidtobea 

. , ^ wjird of the city 

so remain until the alteration of the ward limits of said of spnngiieid. 
city provided by law ; and the ward so established shall 
be entitled to all the municipal, ward and precinct officers 
to which each of the other wards and precincts of said 
city are entitled. 

Section. 4. Trustees shall continue to manage all j^",'",''^ school 
school and poor funds of said town and shall disburse the and poor funds. 



78 



1890. — Chapter 86. 



Liability for 
taxes. 



Territory to be 
called ward 
uine. 



Aldermen, 
common council 
and school com- 
mittee. 



Obligation of 
contracts not 
impaired. 



Police ofiicers, 
fire engineers 
and firemen. 



income thereof for the benefit of the territory embraced 
within its limits according to the terms of their respective 
trusts. 

Section 5. The territory so transferred and the 
inhabitants thereof and their estates shall be liable for all 
taxes already assessed and not paid, and also all town, 
county and state taxes that may be hereafter assessed on 
them by said town of West Springfield and before this 
act shall take effect, in the same manner as they would 
have been liable if this act had not been passed ; and the 
town treasurer and collector of said town of West Spring- 
field are hereby authorized to collect the same in the 
manner provided hy law after this act shall take effect. 

Section 6. If this act shall be accepted as herein- 
after provided, said territory shall, after the fifth day of 
November in the year eighteen hundred and ninety, con- 
stitute a ward of the city of Springfield, to be called ward 
nine, for all the purposes mentioned in this section and 
the following section of this act. The legal voters of 
said ward nine shall meet in their several voting precincts 
on the same day in said year, and in the same manner as 
voters of other wards of said city of Springfield who 
meet for a like purpose, and bring in their ballots for the 
several municipal officers for the ensuing year for whom 
they are entitled to vote by virtue of the provisions of 
this act. Lists of voters shall l)e made and posted, and 
the meetings shall be called, notified and warned, and all 
other things shall be done as provided by law for other 
wards of said city in municipal elections. And the legal 
voters of said town shall have the same right to vote in 
said election as if said territory had been a part of said 
city for more than six months preceding said election. 

Section 7. After the present municipal year the board 
of aldermen of said city shall consist of nine members. 
The common council of said city shall consist of twenty- 
one members. The number of the school committee shall 
be increased by one member elected from said ward nine. 

Section 8. Nothing contained in this act shall impair 
the obligation of contracts. All franchises and vested 
rights granted by the town of West Springfield shall 
remain in full force and operative as though granted by 
and for the city of Springfield. 

Section 9. The several police officers, fire engineers 
and firemen who shall be serving the said town when this 



1890. — Chapter 86. 79 

act shall take eflcct shall thereafter continue in the dis- 
eharue of their respective duties as officers and serve said 
city until others are appointed in their places. 

Section 10. This act shall not take full effect until it subject to ac 
has been accepted by a majority of the legal voters of majority vote of 
said city of Springfield present and voting by ballot at we"t spdug" 
meetings which shall be held in the several precincts of ^'''''^' 
said city, and has also been accepted by a majority of the 
legal voters of the town of West Springfield present and 
voting thereon at meetings which shall be held in the 
several precincts of said town. All said meetings shall 
l)e held on the third Tuesday of June in the year eighteen 
hundred and ninety, and upon notice given at least seven 
da^'s before the time of meeting, and the polls shall be 
opened at nine o'clock in the forenoon and close at six 
o'clock in the afternoon of said day. In case of the 
absence of any precinct officer at any precinct meeting in 
said city or town, held for the purpose aforesaid, a like 
officer may be chosen ^ro tempore by hand vote, and shall 
be duly qualified, and shall have all the powers and be 
subject to all the duties of the regular officer of said 
meeting. Said ballot shall be " Yes " or " No " in answer 
to the question, " Shall an act passed by the legislature 
of the Commonwealth of Massachusetts in the year eight- 
een hundred and ninety, entitled ' an act to unite the 
city of Springfield and the town of West Springfield ', be 
accepted?" Said meeting in said town shall be called, 
notified and warned by the selectmen in the same manner 
in which meetings for the election of town officers in said 
town are called, notified and warned, except that the 
places of meeting shall be polling places in the precincts 
to which the voters respectively l)elong. And such meet- 
ings in the city of Springfield shall be called, notified and 
warned by the mayor and board of aldermen of said city 
in the same manner in which meetings for the election 
of municipal officers in said city are called, notified and 
warned. The ballots given in are to be assorted, counted 
and declared in the several precinct meetings of said city 
and said town in open meeting and records made thereof. 
The clerk of each precinct in the city of Springfield shall 
make return of all ballots given in his precinct, and the 
number of ballots in favor of the acceptance of this act 
and the number of ballots against said acceptance, to the 
board of aldermen of said city. Said returns shall be 



80 



1890. — Chapter 86. 



Result of ballot- 
ing to be certi- 
fied to the secre- 
tary of the Com- 
monwealth. 



Secretary to 
issue certificate 
of acceptance. 



Submission of 
question of ac- 
ceptance to take 
effect upon pas- 
sage. 



"When to take 
full effect. 



If election or 
balloting be de- 
clared void 
question may 
again be sub- 
mitted. 



made within forty-eight hours of the close of the polls. 
It shall be the dut}^ of the city clerk of said city to certify 
as soon as may be the ])allot cast in said city, and the 
number of ballots cast in favor of the acceptance of this 
act and the number of ballots cast against said acceptance 
in said city, to the secretary of the Commonwealth. The 
clerk in each precinct in the town of West Spriugtield 
shall make return of all ballots given in his precinct, and 
the number of ballots in favor of the acceptance of this 
act and the number of ballots against said acceptance, to 
the selectmen of said town. Said returns to be made 
within forty-eight hours of the close of the polls. The 
selectmen and town clerk of said town shall, as soon as 
may be, make a like return of the ballots cast in said 
town, and the number of ballots cast in favor of accept- 
ance of this act and the number of ballots cast against said 
acceptance in said town, to the secretary of the Common- 
wealth. The secretary of the Commonwealth shall keep 
a record of the returns, and if it shall appear that a major- 
ity of the votes cast in the city of Springfield, and a 
majority of the votes cast in said town, respectively, are 
in favor of the acceptance of this act, the said secretary 
shall immediately issue his certificate declaring this act to 
have been duly accepted. 

Section 11. So much of this act as authorizes and 
directs the submission of the question of the acceptance 
of this act to the legal voters of said city and said town, 
respectively, provided for in the tenth section of this act, 
shall take effect upon its passage. 

Section 12. If this act shall be accepted as herein 
provided, it shall take effect on the fifth day of November 
in the year eighteen hundred and ninety, so far as to 
authorize, legalize and carry into effect the act and pro- 
visions of the sixth and seventh sections of this act; but 
for all other purposes, except as mentioned in section 
twelve of this act, it shall take effect on the first Monday 
of January in the year eighteen hundred and ninety-one. 

Section 13. If any election or balloting upon the 
question of the acceptance of this act by either said city 
or said town shall within sixty days thereafter be declared 
void by the supreme judicial court, upon summary pro- 
ceedings which may be had in any county on the petition 
of fifty voters of either said town or said city, the question 
of accepting said act shall be again submitted to the legal 



1890. — Chaptees 87, 88. 81 

voters of said city or said town, and a meeting therefor shall 
within thirty days thereafter be called, held and conducted, 
and the votes returned and other proceedings had thereon, 
in like manner as hereinbefore provided. But no election 
shall be held void for informality in calling, holding or 
conducting the election, or returning the votes or other- 
wise, except upon proceedings instituted therefor and 
determined within sixty days thereafter as aforesaid. 

Sectiox 14. The present county commissioner for the county commiB- 
county of Hampden, residinsf in said West Springfield, in°wLt%riifg- 
shall continue to exercise the duties of his office until the fnoffice!°""°"' 
expiration of the term of office to which he is elected, the 
same as if this act had not been passed. 

Approved March 10, 1890. 



An Act to change the name and location of the wesletan 
home for orphan and destitute children. 



Chaj^. 87 



Be it enacted, etc., as folloios: 

Section 1. The corporation organized under the gen- Name changed 
eral laws of this Commonwealth as the Wesleyan Home Homr'^^^° 
for Orphan and Destitute Children shall hereafter be 
known as the Wesleyan Home ; and all its corporate 
rights and property, and all gifts, devises, bequests and 
convej'ances to it by either name, which have been or 
hereafter may be made, shall vest in the Wesleyan 
Home. 

Section 2. The location of said corporation shall be corporation 
in the city of Newton, instead of in the city of Boston ton!'' 
as provided in the articles of association ; and in addition 
to the support of orphan and destitute children it may 
also care for and educate the children of missionaries. 

Approved March 13, 1890. 



An Act to change the "name of the melrose cycle club. QJiaj). 88 
Be it enacted, etc., as follows : 

Section 1. The name of the IMelrose Cycle Club, of ^^^n™';,'^^^^^ 
Melrose, incorporated on February fourth in the year ciub. 
eighteen hundred and eighty-nine, under the general laws 
of Massachusetts, is hereby changed to The Melrose Club. 

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

Approved March 18, 1890. 



82 



1890. — Chaptees 89, 90. 



Chajp. 89 



May issue pre- 
ferred stock. 



Preferred stock 
to be liable for 
debts ill the 
same manner as 
general stock. 



An Act to authorize the Washington mills company to issue 
preferked stock. 

Be it enacted^ etc., as follows: 

Section 1. The Washington Mills Company, by a 
vote of the holders of three-fourths of its general stock 
at a meeting duly called for the purpose, is hereby au- 
thorized to issue preferred stock to an amount not exceed- 
ing five hundred and fifty thousand dollars, which shall be 
divided into shares of one hundred dollars each. Holders 
of said preferred stock shall be entitled to receive and said 
company shall be bound to pay thereon such half-yearly 
interest or dividends, not exceeding four per centum, as 
shall be fixed by the vote authorizing the same and ex- 
pressed in the certificates. 

Section 2. Said preferred stock shall be liable for 
the debts of the company, in the same manner as the 
general stock, but the holders of said preferred stock shall 
in no event be further liable for the debts of the company. 
The preferred stock created under authority of this 
act shall not render the general stockholders lial^le for 
the debts or contracts of the company ; but in the event 
of the dissolution of said company, or winding up of its 
afiairs, the holders of said preferred stock shall be entitled 
to full payment thereof, after all debts of said company 
shall have been paid, before anj^ part of the assets of said 
company shall be applied on account of the general stock. 

Section 3. Every holder of general stock in said 
company shall have the right to take his proportionate 
share of said preferred stock by subscribing and paying 
for the same within such time as shall be fixed therefor by 
the vote authorizing the issue thereof. 

Section 4. Said company shall have the right to 
redeem said preferred stock at par after a fixed time, 
to l)e expressed in the vote authorizing the same and in 
the certificates : j)rovided, that no part thereof shall be 
redeemed at any time when the debts of said company 
exceed the amount of the general stock. 

Section 5. This act shall take eflect upon its passage. 

Approved March 13, 1890. 

Ghan. 90 -'^^ ^^'^ ^^ relation to the employment of custodians of 
■'■ * elevators. 

Be it enacted, etc., as follows: 
^w^e'ieva°or8 Section 1. No pcrsou, firm or corporation shall 
determined. ' eiuploy or permit any person under fifteen years of age 



General stock- 
holder may 
take proportion- 
ate share of pre- 
ferred stock. 



Redemption of 
preferred stock 
by company. 



1890. — Chapters 91, 92, 93. 83 

to have the care, custody, management or operation of 
any elevator, or shall employ or permit any person under 
eighteen years of age to have the care, custody, manage- 
ment or oi)eration of any elevator running at a speed of 
over two hundred feet a minute. 

Section 2. Whoever violates the provisions of this Penalties, 
act shall forfeit a sum not less than twenty-tive dollars 
nor more than one hundred dollars for each otfence. 

Approved March 13, 1890. 



Chap. 91 



An Act to repeal certain acts prohibiting the seining of 
fish in the ponds on the island of nantucket. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and eighty of the Repeal of is75, 
acts of the year eighteen hundred and seventy-five and > > ■ 
chapter forty-nine of the acts of the year eighteen hundred 
and seventy-six, prohibiting the seining of fish in the 
ponds on the island of Nantucket, are hereby repealed. 

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

Approved March 13, 1890. 

An Act to authorize the east wareham, onset bay and fyjfffryy QQ 

POINT INDEPENDENCE STREET RAILWAY COMPANY TO DO BUSI- ^ 

NESS AS A COMMON CARRIER. 

Be it enacted, etc., as follows: 

Section 1. The East Wareham, Onset Bay and Point ^aycarry^on 
Independence Street Railway Company is hereby author- business, etc. 
ized to carry on the express business and to be a common 
carrier for the conveyance of goods, between the Old 
Colony railway station at East Wareham and Onset Bay 
and Point Independence, subject to the provisions of 
chapter seventy-three of the Public Statutes and of all 
laws relating to common carriers and express companies. 

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

Approved March 13, 1890. 

.An Act to establish the salary of the justice of the police r^Jid^ 93 

COURT of NEWTON. 

Be it enacted, etc., as follows : 

Section 1. The salary of the justice of the police salary estab- 
court of Newton shall be twelve hundred and fifty dollars "^^®'^' 
a year, from the first day of January in the year eighteen 
hundred and ninety. 

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

Approved March 13, 1890. 



84 1890. — Chapters 94, 95. 

ChClT)- 94 -^^ -^^^ ^^ PROVIDE THAT BONDS ISSUED FOR THE METROPOLITAN 
-'■ ' SEWERAGE LOAN SHALL BE REDEEMABLE IN GOLD OR ITS EQUIVA- 

LENT. 

Be it enacted, etc., as follows: 
loi^ollil'elx^^. Section 1. The interest and principal of the scrip or 
"'«°^- certificates of debt issued by the treasurer of the Common- 

wealth under authority of chapter four hundred and 
thirty-nine of the acts of the year eighteen hundred and 
eighty-nine, for the metropolitan sewerage loan, shall be 
paj^able, and when due shall be paid, in gold coin or its 
equivalent. 

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

Approved March 14, 1890. 

ChdT). 95 ^^ ^^'^ '^'^ PROVIDE AGAINST DEPREDATIONS BY THE INSECT KNOWN 
"' AS THE OCNERIA DISPAR OK GYPSY MOTH. 

Be it enacted, etc. , as foHoics : 

foTe%'pointed. Section 1. The govcmor by and with the consent of 
the council is hereby authorized to appoint a commission 
of not exceeding three suitable and discreet persons, 
whose duty it shall be to provide and carry into execution 
all possible and reasonable measures to prevent the spread- 
ing and to secure the extermination of the ocneria dispar 

Powers and or gypsY motli ill this Commouwealth ; and to this end 
said commission shall have full authority to provide itself 
with all necessary material and appliances and to employ 
such competent persons as it shall deem needful ; and 
shall also have the right in the execution of the purposes 
of this act to enter upon the lands of any person. 

be^D^fifs^.^ ^""^ Section 2. The owner of any land so entered upon, 

who shall suffer damage by such entry and acts done 
thereon by said commission or under its direction, may 
recover the same of the city or town in which the lands so 
claimed to have been damaged are situate, by action of 
contract ; but any l)enefits received by such entry and the 
acts done on such lands in the execution of the purposes 
of this act shall be determined by the court or jury before" 
whom such action is heard, and the amount thereof shall 
be applied in reduction of said damages ; and the Com- 
monwealth shall refund to said city or town one-half of 
the amount of the damages recovered. 

laiionV?"'^ '^^^"" Sections. Said commission shall have full authority 
to make from time to time such rules and regulations in 
furtherance of the purposes of this act as it shall deem 
needful ; which rules and regulations shall be published 



1890. — Chapter 95. 85 

in one or moiv newspapers published in the county of 
Suffolk, and copies of such rules and regulations shall be 
posted in at least three })ublic places in each city or town 
in which saicf ocneria dispar or gyi)sy moth shall be found 
by such commission to exist, and a copy thereof shall be 
filed with the city or town clerk of each city or town. 
Any person w4io shall knowingly violate any of the pro- Penalty, 
visions thereof shall be punished for each violation by a 
fine not exceeding twenty-tive dollars. 

Section 4. Said commission shall keep a record of R'^^o''''of]'au8- 

. . 1 r" 11 £• n • T acuons and 

its transactions and a tull account or ail its expenditures, account of ex- 

1 P 1 1 11 1 •! 1 1 ii peiiditures to be 

in such lorm and manner as shall be prescribed by the made, 
governor and council, and shall also make return thereof 
to the ojovernor and council at such time or times and 
in such form as shall be directed by the governor and 
council. The expenses incurred under this act shall be Expenses to be 
paid l)y the Commonwealth, except claims for damages by commonwealth 
the entry upon the lands of any person and acts done for'^Xmig^^ 
thereon by said commission or by its direction, which shall 
be paid as provided in section two of this act. 

Section 5. The governor and council shall establish compensation. 
the rate of compensation of the commissioners appointed 
under this act, and the governor may terminate their com- 
missions at his pleasure. 

Section 6. Any person who shall purposely resist ^bsmlctfn"^ 
or ol)struct said commissioners or any person or persons commissioners, 
under their employ, while engaged in the execution of 
the purposes of this act, shall be punished by a tine not 
exceeding twenty-five dollars for each oftence. 

Section 7. It shall be unlawful for any person to Penalty for 
knowingly bring the insect known as the ocneria dispar gypsy moth into 
or gypsy moth, or its nests or eggs, within this Common- '^e state, etc. 
wealth : or for any person knowingly to transport said 
insect, or its nests or eggs, from an}'^ town or city to 
another tow^n or city within this Commonwealth, except 
while engaged in and for the purposes of destroying them. 
■ Any person who shall offend against the provisions of this 
section of this act shall be punished by a fine not exceeding 
two hundred dollars or by imprisonment in the house of 
correction not exceeding sixty days, or by both said fine 
and imprisonment. 

Section 8. To carry out the provisions of this act a $25,ooo may be 

. ^ J^ Till 1 expended, etc. 

sum not exceeding twenty-five thousand dollars may be 
expended. 

Section 9. This act shall take effect upon its passage. 

Approved March 14, 1890. 



86 1890. — Chapters 96, 97, 98. 

ChciV. 96 ■^'^ Act to authorize the edison electric illuminating'com- 

PANT OF BOSTON TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as Jolloios : 
May increase SECTION 1. The EdisoD Electric Illumtnatino- Com 

capital stock 



& 



pany of Boston, a corporation organized under the general 
laws of the Commonwealth, is hereby authorized to in- 
crease its capital stock, in the manner provided by law, 
at such times and in such amounts as it may from time to 
Proviso. time determine : provided, the whole amount of the capital 

stock of said Edison Electric Illuminating Company of 
Boston shall not exceed two million dolhirs, subject to the 
provisions of the general laws regarding the issue and 
payment of capital stock of such corporations. 

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

Approved March 17, 1890. 



Chap. 97 



An Act relating to the reports of the bureau of statistics 

OF LABOR. 

Be it enacted, etc., as folloivs : 
Reports may be Section 1. The chicf of the burcau of statistics of 

published m . i-i ii-i 

parts. labor IS hereby authorized to publish parts of the reports 

to l)e made by said bureau, when said parts are complete 
in themselves, before the presentation of the entire reports : 

Proviso. provided, that whenever a part is to be so published a copy 

thereof shall, upon the day of publication, be formally 
transmitted to the lesjislature if it is in session. 

Number Section 2. Tlic authority ofiven in section one of this 

act to publish parts of such reports shall not authorize the 
printing of a larger number of each of such parts than 
is provided for in section seven of chapter four hundred 
and forty of the acts of the year eighteen hundred and 
eighty-nine. 

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

Approved March 17, 1890. 

Choi) 98 ^^ ^^^ AUTHORIZING THE WOMAN'S BOARD OF MISSIONS TO HOLD 
-^' ITS MEETINGS OUTSIDE THE COMMONWEALTH. 

Be it enacted, etc. , as follows : 
May hold meet- Section 1. The Womau's Board of Missions is hereby 

ings without the .i-i.iii. • . , , j_ -^ 

Common- authoi'izcd to hokl its meetings in any state or territory 

of the United States or the District of Columbia. 
Proceodings Section 2. No act or procecdinii" of said corporation 

made- valid. . , r>iiii"^ii i i i 

at any meeting heretofore held shall be deemed to be 
invalid for the reason that said meeting was held outside 
of this Commonwealth. Approved March 17, 1890. 



1890. — Chapters 99, 100. 87 



An Act to authorize the city of bkockton to make a\ (JJidr)^ 99 

ADDITIONAL DRAINAGE LOAN. 

Be it enacted^ etc., as foUoius : 

Section 1. The city of Brockton, for the purposes May make au 
mentioned in chapter three hundred and nine of the acts drainage loan. 
of the year one thousand eight hundred and eighty-eight, 
and for the purpose of building bridges over the streams 
and drains therein named, is hereby authorized to borrow, 
in the manner provided in chapter twenty-nine of the Pub- 
lic Statutes, a sum of money not exceeding lifty thousand 
dollars in addition to the amounts authorized to be raised 
under said chapter three hundred and nine of the acts of 
the year one thousand eight hundred and eighty-eight and 
under chapter two hundred and twenty-one of the acts of 
the year one thousand eight hundred and eighty-nine ; and 
for these purposes may issue from time to time negotiable 
bonds, notes or .scrip, not exceeding said sum of fifty 
thousand dollars. Such bonds, notes or scrip shall be 
denominated on the face thereof City of Brockton Drain- 
age Loan, Act of 1890, and shall be payable at the expira- 
tion of periods not exceeding thirty years from their date 
of is.sue, and shall bear such rate of interest, not exceed- 
ing five per centum per annum, as the city council shall 
determine. Said city may sell such securities at public May seii securi- 
or private sale or pledge the same for not less than the par pdvate^sLie'.'etc. 
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 sinking funds. 
ma}' be invested in said bonds, notes or scrip. The 
return required by section ninety-one of chapter eleven 
of the Public Statutes shall state the amount raised and 
applied under this section during the current year. 

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

Approved March 19, 1890. 



Chap.lOO 



An Act to authorize the county commissioners of the county 
of berkshire to borrow money for the purpose of estab- 
lishing a truant school. 

Be it enacted, etc., as folloivs : ' 

Section 1. The county commissioners of the county May borrow 
of Berkshire are hereby authorized to borrow on the n8h"men°of a^ " 
credit of said county a sum not exceeding ten thousand 



truant school. 



88 



1890.— Chapters 101,102. 



dollars, for the purpose of establishing a truant school in 
and for said county ; such money to be expended in the 
purchase of a site and grounds to be held by said county, 
and in providing suitable buildings and appurtenances for 
said truant school ; but no sum shall be borrowed under 
the authority of this act in excess of the amount neces- 
sarily and actually expended for the purposes aforesaid. 
Section 2. This act shall take efiect upon its passage. 

Approved March 19, 1890. 



(J]iar).\0\ ^'^ ^^"^ '^^ AUTHORIZE THE SALE OF THE SOUTHERN VERMONT 
RAILROAD TO THE FITCHBURG RAILROAD COMPANY. 



Rmht of Com- 
moDwealth In 
the southeiu 
Vermont rail- 
road may be 
sold to the 
Fitchburg Rail- 
road Company, 

Proviso. 



Be it enacted, etc., as follows : 

Section 1. The governor and council are hereby 
authorized to sell and convey the southern Vermont 
railroad, and all the right, title and interest of the Com- 
monwealth in and to the same, together with the franchise 
to operate the same, to the Fitchburg Railroad Company : 
provided, however, that this act shall not authorize the 
governor and council to compromise any claims of the 
Commonwealth against the Fitchburg Railroad Company 
or of the Fitchburg Railroad Company against the Com- 
monwealth in the sale of said southern Vermont railroad. 

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

Approved March 19, 1890. 



Chan 10*^ ^^ ^^^ concerning notice in case of infectious or con- 
tagious DISEASES. 



Amendment 
1884,98, § 1. 



Infectious an- 
contagious di 
eases. 



Be it enacted, etc., as follows : 

Section one of chapter ninety-eight of the acts of the 
year eighteen hundred and eighty-four is hereby amended 
by striking out all of said section and inserting in place 
thereof the following new section: — Section 1. When 
a householder knows that a person within his family or 
house is sick of small-pox, diphtheria, scarlet fever, or any 
other infectious or contagious disease dangerous to the 
public health, he shall immediately give notice thereof 
to the board of health of the city or town in which he 
dwells, and, upon the death, recovery or removal of such 
person, such of the rooms of said house and such of the 
articles therein as, in the opinion of the board of health, 
have been subjected to infection or contagion shall be 
disinfected by such householder to the satisfaction of said 



1890. — Chapters 103, 101. 89 

board of health. Any person neglecting or refusing to 
comi)ly with either of the above provisions shall be 
punished by a fine not exceeding one hundred dollars. 

Approved March 19, 1890. 



Chap.lQ^ 



An Act to authokizk the city of haverhill to raise money 
FOR the celebration of the two hundred and fiftieth 

ANNIVERSARY OF ITS SETTLEMENT AS A TOWN. 

Be it enacted, etc. , as follows : 

Section 1. The city of Haverhill is hereby authorized annu'ersk^y of 
to raise by taxation a sum not exceedinsf ten thousand settlement as a 

•/ ^^ town. 

dollars for the purpose of celebrating, during the current 
year, the two hundred and fiftieth anniversary of its 
settlement as a toAvn, and of })ublishing an account of the 
proceedings of such celebration. 

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

Approved March 19, 1890. 

An Act to amend an act concerning the counterfeiting of QJif^jy \()4. 

PRIVATE LABELS, STAMPS AND TRADE-MARKS. 

Be it enacted, etc., as follows: 

Sections sixty-three and sixty-four of chapter two hun- p.s.20.x§§63, 
dred and three of the Public Statutes are hereby amended 
by adding after the word "manufacturer", occurring twice 
in the fourth line of said section sixty-three and once in 
the third line of said section sixty-four, the words : — or 
labor and trade association, — so that the said sections 
shall read as follows : — Section 63. Whoever knowingly Peuaity for 

n •!/» 11 /» j_ /• -i '" counterfeiting 

and wilfully forges or counterfeits, or causes or procures trade-marks, 
to be forged or counterfeited, upon goods, w^ares, or ®'°- 
merchandise, a private label, stamp, or trade-mark of a 
mechanic, or manufacturer, or labor and trade association, 
with intent to defraud the purchaser, or manufiicturer, 
or labor and trade association, of any goods, wares, or 
merchandise whatever, shall be punished by imprisonment 
not exceeding six months, or by fine not exceeding five 
hundred dollars. Section 64. Whoever vends any goods. Penalty for bbii- 

. . ing wares having 

wares, or merchandise having thereon a forged or counter- a countei-feit 
feited stamp, label, or trade-mark of any mechanic, or 
manufacturer, or labor and trade association, knowing 
the same to be forged or counterfeited, without disclosing 
the fact to the purchaser, shall be punished by imprison- 
ment not exceeding six mouths, or by fine not exceeding 
fifty dollars. Approved March 19, 1890. 



trade-mark, etc. 



90 . 1890. — Chapters 105, 106. 

Chcip.1^05 An Act kelative to the release of dower by the guardian 

OF AN INSANE WIFE. 

Be it enacted, etc., as follows: 

p. 8. 147, §20 Section twenty of chapter one hundred and forty-seven 

of the Public Statutes is hereby amended by striking out 
the words " notice in some newspaper", in the sixth line 
of said section, and inserting in place thereof the fol- 
lowing : — such notice as the court may order, — so that 
said section as amended shall read as follows : — Section 

Dower, etc. of 20. When the husband of an insane woman is desirous 

an int^ane wife 

may be released of conveying: any of liis real estate, whether absolutely 

by her guardian , i- . ^ i -•■• i -i • 

with permission or by Way ot mortgage, he may by petition, describing 
court? ^ '^ the same, ask leave of the probate court that the dower 
of his wife or any estate of homestead therein may be 
released, setting forth the facts and reasons why his prayer 
should be granted. After such notice as the court may 
order to all persons interested and a hearing thereon, the 
court, if satisfied that such dower or estate of homestead 
ought to be released, shall authorize the guardian of the 
wife to make such release by joining in any deed of con- 
veyance to be made within five years thereafter either by 
the husband or by a trustee for him, and whether such 
deed passes the whole or only separate parcels or lots of 
said real estate. Approved March 19, 1890. 

dl(lT>.\OQ An Act to allow the trustees of the pedo-baptist congre- 
gational SOCIETY OF DIGHTON TO HOLD ADDITIONAL PROPERTY. 

Be it enacted, etc., as follows: 
May hold addi- SECTION 1 . The trustces of the Pedo-baptist Conirre- 

tional real and • ^ r\ • ,• tx- i • n • j i '^ 

personal estate, gatioual bociety ot Dightou, incorporated in the year 
seventeen hundred and ninety-eight to receive and hold 
funds to the amount of eight thousand five hundred 
dollars in trust for the use and benefit of the pedo-baptist 
congregation and the permanent support of the pedo- 
baptist congregational minister of Dighton, are hereby 
authorized to hold additional property, real and personal, 
for the above named purposes, to an amount not exceeding 

Exemption forty thousaud dollars. But the church lot and the church 

from taxation. • 

buildings thereon shall alone be exempt irom taxation. 
r>oing8 ratified Section 2. All acts and doings of said trustees and 
said corporation under said act and charter, so far as the 
same may be defective and invalid, are hereby ratified 
and confirmed. 

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

Approved March 19, 1890. 



1S90. — Chapters 107, 108. 91 

An Act to authorize the county commission eijs of tiik njian 107 

COUNTY OF BEUKSHIKE TO BORROW MONEY ON THE CREDIT OF 
SAID COUNTY FOR REPAIRING THE COURT HOUSE AT PITTSFIELD, 

Be it enacted, etc., asfoUoivs: 

Section 1. The county commissioners of the county May borrow 
of Berkshire are hereby authorized to borrow on the "iTrHfetc, upon 
credit of said county a sum of money not exceeding five iMusVieur^ '" 
thousand dollars, for the expense of necessary repairs 
and improvements in and upon the court house of said 
county at Pittsfield ; but no sum shall be borrowed under 
the authority hereby granted in excess of the amount 
actually and necessarily expended for the purpose afore- 
said. 

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

AjJj^rovecl March 19, 1890. 



ChaplOS 



An Act to incorporate the Plymouth and middleborough 

RAILROAD company. 

Be it enacted, etc., as folloivs: 

Section 1. Nathaniel Morton, William .R. Drew, Piy"?,outh and 
(jTideon Jb . Holmes, Jason VV . Mixter, Koswell S. Doug- Railroad Com 
lass, Charles O. Churchill, William P. Stoddard, Benjamin porJted!°°*' 
A. Hathawa}', Increase Robinson, George F. Morse, 
Theron Cole, George L. Soule, Eugene P. LeBaron. 
Albert T. Savery, Thomas D. Shumway, Samuel H. 
Doten, Hervey N. P. Hubbard, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the Plymouth and Middlel)orough 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 rehiting 
to railroad corporations, except as hereinafter provided. 

Section 2. Said corporation is hereby authorized to May construct 

i •! 1 • 1 Btc, a railroad 

locate, construct, maintain and operate a radroad with from Plymouth, 

, . ^ , --It -J through Carver 

one or more tracks, comraencmg at some suitable point to Middie- 
in the town of Plymouth, thence running through the ^"''""s^- 
town of Carver to some suitable point in the town of 
Middleborough, by the most expedient and feasible route 
through and in the towns herein named, and to transport 
and carry persons and property Ijy steam, mechanical or 
other power that said corporation may choose to apply. 

Section 3. The capital stock of said corporation shall ^n^^'^Ce^" 
be two hundred and forty thousand dollars, with the 
privilege of increasing the same at the pleasure of the 



92 



1890. — Chapter 108. 



First meeting 
of stockhulders, 
organization, 
etc. 



Suljscription for 
stock by towns. 



May make con- 
tracts with con- 
necting roads. 



May borrow 
money, issue 
bonds and se- 
cure by mort- 
gage. 



Bonds not to 
exceed $15,000 
per mile 
actually con- 
structed. 



corporation to an amount not exceeding five hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 4. The persons named in the first section of 
this act, or a majority of them, are hereby authorized to 
call the first meeting of the stockholders of the corpora- 
tion whenever the sum of eighty thousand dollars has 
lieen subscribed to the capital stock, to choose directors 
and to perfect the organization of said corporation ; and 
whenever said corporation shall have been so organized 
it may proceed to begin the construction of the railroad 
hereinbefore specified. 

Section 5. Any town within whose limits the road 
of said corporation shall be located may subscribe for 
shares in the capital stock of said corporation, without 
the restrictions contained in section forty-nine of chapter 
one hundred and twelve of the Public Statutes, providing 
that such subscription shall be void unless at least twenty 
per cent, of the capital stock of the corporation is actually 
paid in cash, and at least ten per cent, of the capital stock 
is actually expended by it in the construction of its road. 

Section 6. Said railroad company may make any 
lawful contract with any other railroad company with 
whose tracks it may connect or intersect, in relation to 
its business or property, and may take a lease of the 
property and franchise of, or lease its property and fran- 
chise to, or make joint stock or consolidate with, any 
such railroad company ; and any company having any 
such intersecting or connecting railroad may make with 
said company the contracts aforesaid. 

Section 7. Said railroad company may borrow money 
for any lawful purpose, and may by vote at a meeting 
duly called for the purpose issue coupon or registered 
bonds for the payment of money borrowed, and may 
mortgage or pledge as security for the payment of said 
bonds a part or all of its railroad equipment or franchise, 
and a part or all of its property, real or personal. Such 
bonds may be issued to an amount not to exceed at any 
time the sum of fifteen thousand dollars per mile for each 
mile actually constructed and ready for operation, and in 
all respects other than the amount to be issued as herein 
specified such lionds shall conform and l)e subject to, and 
said company shall issue the same in conformity with, 
all laws authorizing and regulating the issue of bonds by 
railroad companies. 



1890. — Chapter 109. 93 

Section 8. Said Plyniouth and jMiddleborouoh niil- 'lobo located 

1 • 1 • 1 1 '" 1 \vitnin three 

road shall be located withm three years, and constructed yeu™ and con- 
within live years from the date of the passage of this act. (iveyearsV 
Section 9. This act shall take effect upon its passage. 

Approved March 20, 1890. 

An Act to incorporate the riverbank improvement company. (JJfr/rt 109 
Be it enacted, etc., as folloios: 

Section 1. John Quincy Adams, Charles Francis Riverbank im- 
Adams, Charles U. Cotting, Edward I. Browne, Charles compTny hi- 
P. Bowditch, Howard Stockton, Charles H. Heath, Ed- ^^^vor.i.^. 
ward Atkinson, Harold Williams and Moses Williams, 
their associates and successors, are hereby made a corpo- 
ration for the term of thirty years from the passage of this 
act, under the name of the Eiverbank Improvement Com- 
pany ; with all the powers and privileges and subject to 
all the duties, liabilities and restrictions which now are or 
hereafter may l)e in force applicable to corporations organ- 
ized under the provisions of chapters one hundred and tive 
and one hundred and six of the Public Statutes. 

Section 2. Said corporation is authorized to hold any May hold cer- 
lands or flats in Boston between Commonwealth avenue fllltshfBoston. 
and Charles river which lie easterly from the Essex street 
bridge, so called, over Charles river, and westerly from 
a passage way leading from Beacon street at its junction 
with Commonwealth avenue northerly to Charles river : 
provided, that said lands and flats shall be purchased by Proviso. 
the corporation or conveyed to it in exchange for shares 
of the capital stock at valuations approved in writing by 
the commissioner of corporations ; but it shall not pur- 
chase or hold any lands or flats beyond the limits above 
mentioned; it may, subject to the provisions of chapter 
nineteen of the Public Statutes and of any laws which 
now are or hereafter may be in force applicable thereto, 
build sea-walls upon its lands and fill up the same to 
adapt them for habitation ; may build streets and develop 
its property, and sell and lease such parts of its lands as 
it may find expedient. 

Section 3. The capital stock of said corporation shall ^,^p=,';;|,«^°;='^ 
be divided into shares of one hundred dollars each, and 
said corporation may issue such number of said shares as 
may be necessary to pay for any lands or flats, within the 
limits aforesaid, conveyed to the owners thereof at valua- 
tions approved in writing by the commissioner of corpo- 



94 



1890. — Chapters 110, 111. 



Election of 
assessors to till 
vacancies. 



rations, and also shares to an amount not exceeding two 
hundred thousand dollars, to be paid for in cash at par. 
Section 4. This act shall take effect upon its passage. 

Approved March 20, 1890. 

GllCin.WO A^ ^CT TO ENABLE THE CITY COUNCIL OF THE CITY OF LYNN TO 
FILL VACANCIES IN THE BOARD OF ASSESSORS. 

Be it enacted, etc., as folloios: 

Section 1. If any person who is elected a member of 
the board of assessors of the city of Lynn fails for any 
cause to accept said office, or if any member of said board 
dies, resigns or for any cause becomes disqualified for the 
performance of the duties of said ofiice, the remaining 
members of the board of assessors shall give notice of the 
fact in writing to the board of mayor and aldermen. The 
board of mayor and aldermen shall declare said office to 
be vacant, and shall thereupon call a meeting of the city 
council to be held in joint convention for the purpose of 
temporarily filling such vacancy. Notice of such joint 
convention shall be signed by the city clerk and shall be 
published daily in a newspaper of said city for at least one 
week before said convention takes place. The candidate 
receiving the majority of ballots cast at such convention 
shall be declared elected. 

Section 2. The term of service of every member 
elected b}-^ the cit}^ council, in pursuance of the provisions 
of the preceding section, shall end with the municipal or 
official year in which he is chosen ; and if the term of the 
office declared vacant as aforesaid extended beyond the 
municipal year in which such election by the city council 
occurs, the remainder of such term shall be filled hj an 
assessor elected by the legal voters of said city in the 
manner provided bythe city charter. 

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

Approved March 20, 1890. 

An Act providing that certain sessions of the public schools 
shall be devoted to exercises of a patriotic nature. 

Be it enacted, etc., as folloivs : 

Section 1. In all the public schools of the Common- 
wealth the last regular session prior to Memorial Day, or 
a portion thereof, shall be devoted to exercises of a patri- 
otic nature. 

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

Ap2jroved March 21, 1890. 



Terms of ser- 
vice. 



Chaplll 



School exer- 
cises at last ses- 
sion prior to 
Memorial Day. 



1890. — Chapters 112, 113. 95 

An Act to incokporate the somekville firemen's relief QTiqt) 112 

association. 

Be it enacted, etc., asfolloios: 

Section 1. James R. Hopkins, Bernard W. Lawrence, someiviiie Fire- 
David A. Sanborn, John E. Hill, Nathaniel C. Barker, As"ociiuioQ! in- 
Thomas H. Daley, Edwin H. Bright, James A. McLane, '=°'-p°'-^t«i- 
Frank W. Ring, Charles H. Bridges, Samuel H. Stevens 
and Irving C. Jackson, their associates and successors, 
are hereby made a corporation by the name of the Somer- 
ville Firemen's Relief Association, for the purpose of fur- 
nishing aid and assistance to such tiremen, members of 
the fire department of the city of Somerville and of said 
association, as ma}' have been injured by any kind of acci- 
dent while in the performance of their duty as firemen, 
and of furnishing aid in the payment of the expenses of 
the burial of such firemen as may have died wdiile mem- 
bers of such department and association ; 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 
corporations. 

Section 2. Said corporation for the purposes afore- Reai and per- 
said may hold real and personal estate to an amount not to exceed 
exceeding fifteen thousand dollars. sij.ooo. 

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

Approved March 21, 1890. 



Chaplin 



An Act to incorporate the trustees of the Cambridge social 

UNION. 

Be it enacted, etc., as foUotvs: 

Section 1. John L. Hildreth, John Gardner White, Tn^tees of the 
George S. Saunders, Nathan G. Gooch and William M. sociai union, 



Vaughan, trustees under the deed of trust from the Cam- 
bridge Social Union, dated February third, eighteen hun- 
dred and ninety, and their successors in trust, are hereby 
made a corporation by the name of the Trustees of the 
Cambridge Social Union, for the purposes hereinafter 
set forth ; with all the powers and privileges and sub- 
ject to all the duties, restrictions and liabilities in the 
general laws which now are or hereafter may l)e in force 
in relation to corporations organized under chapter one 
hundred and fifteen of the Public Statutes and all acts 
in amendment thereof and in addition thereto. 



incorporated. 



96 



1890. — Chapters 114, 115. 



Real and per- 
sonal estate not 
to exceed 
$500,000. 



Exemption 
from taxation. 



Section 2. Said corporation is hereby authorized to 
hold in trust and administer, transfer and convey according 
to said deed, the real estate therein conveyed, and such 
other real and personal estate as may be purchased by or 
given, granted, conveyed, bequeathed or devised to it 
and accepted by it for the benefit of the Cambridge Social 
Union or any purpose connected therewith, to an amount 
not exceeding altogether five hundred thousand dollars : 
provided, ahvays, that the principal and income thereof 
shall be appropriated according to the terms of said deed, 
subject only to the terms of any donation, devise or bequest 
that may be accepted. 

Section 3. The real and personal estate of said cor- 
poration shall be exempt from taxation to the same extent 
that it would be if it were held in the name of, owned by 
and belonged to, the said Cambridge Social Union. 

Section 4. This act shall take effect upon its passage. 

Approved March 21, 1S90. 



May sell church 
building. 



ChCipA 14 ^^ ^^"^ TO AUTHORIZE THE CONGREGATIONAL SOCIETY IN WASH- 
INGTON IN THE COUNTY OF BERKSHIRE TO SELL THE CHURCH 
BUILDING OF SAID SOCIETY. 

Be it enacted, etc., as folloivs : 

Section 1. Alanson S. Pomeroy, Edwin H. Eames, 
Addison K. Beach, and Royal J. Beach, the only surviv- 
ing members of the Congregational Society in Washington 
in the county of Berkshire, are hereby authorized to sell 
the church building of said society and to devote the 
proceeds to the maintenance of the gospel ministry in that 
town. 

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

Approved March 21, 1890. 



GhClD.WB -^^ ^^'^ '^^ ESTABLISH THE SALARY OF THE JUDGE OF PROBATE 
AND INSOLVENCY FOR THE COUNTY OF NANTUCKET. 



Salary estab- 
lished. 



Be it enacted, etc., as follows: 

Section 1. The salary of the judge of probate and 
insolvency for the county of Nantucket shall be six hun- 
dred dollars a year from the first day of January in the 
year eighteen hundred and ninety. 

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

Approved March 24, 1890. 



1890. — Chapters 116, 117, 118. 97 



An Act to change the name of the Chelsea day nuuseuy njirij) '['[(] 

AND children's HOME. ^ 

Be it enacted, etc., as follows: 

Section 1. The corporation organized under the gen- Name changed 
eral hiws of this Commonwealth on the twenty-sixth day DuVNurseo! 
of March, eighteen hundred and eighty-eight, as the nomoami Gen- 
Chelsea Day Nursery and Children's Home," shall here- '"■"'^°«p"=*'- 
after be known as the Chelsea Day Nursery, Children's 
Home and General Hospital ; and all its corporate rights 
and property, and all gifts, devises, bequests and convey- 
ances to it by either name, which have been or hereafter 
may be made, shall vest in said Chelsea Day Nursery, 
Children's Home and General Hospital. 

Section 2. In addition to the corporate rights and ^7m^-ul',"t,\ 
privileges contained in its charter, said corporation is general hospi- 
hereby authorized to establish and maintain in the city 
of Chelsea a general hospital in connection with the work 
in which it is now engaged. 

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

Approved ]S[arch 24, 1890. 

An Act concerning the association for the protection of (JJid^j^WJ 

DESTITUTE ROMAN CATHOLIC CHILDREN IN BOSTON, 

Be it enacted, etc., as follovjs : 

The corporation established under chapter thirty-two Maybeap- 
of the General Statutes, by the name of the Association Sian ofany""'" 
for the Protection of Destitute Roman Catholic Children u^Tare.^*"^ '° 
in Boston, may be appointed guardian of any minor child 
in its care, with the same powers and duties as are pre- 
scribed for guarditms of minor children by chapter one 
hundred and thirty-nine of the Public Statutes. 

Approved March 24, 1890. 

An Act to amend an act relative to the passage of vessels (J]i(X7).WS 

through the draws of certain bridges over CHARLES 



Be it enacted, etc. , as folloivs : 

Section 1. Section three of chapter two hundred f^ThiUih 
and forty-six of the acts of the year eighteen hundred draws of cer 
and eighty-nine is hereby amended so as to read as fol- oyercharies 
lows: — Sections. Any vessel detained in her passage "^*''^' 
through said draws, or any of them, for a longer time 



ves- 
gh the 



98 1890. — Chapters 119, 120. 

than herein stated, by failure oi? said companies or either 
of them to open said draw or draws as herein provided, 

d!ftTiu?on/°'^ 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 for any barge, 
sailing vessel or steam cargo carrying vessel shall be at 
the rate of eight cents per ton of the registered tonnage of 
said vessel for every day or fraction of a day of such 
detention ; and for any tug or towboat so detained, at the 
rate of six doHars for each hour of such detention : pro- 

Proviso. vided, however, that in any case 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 2. This act shall take effect upon its passage. 

Approved March 24, 1890. 

(>AttI).119 -^'^ ^^'^ "^^ AUTHORIZE CITIES AND TOWNS TO CONTRACT WITH 
HOSPITALS TO RECEIVE AND TEMPORARILY CARE FOR THE UN- 
FORTUNATE OR SICK. 

Be it enacted, etc., as foHoivs: 

may conuLc7°* ^ ^^^J °^' ^owu uot maintaining or managing a hospital 
with hospitals is hereby authorized to make a contract with any hos- 

for t6iiipor{irv . 

care of the 6ick. pital established therein, or in its vicinity, for the recep- 
tion, care and treatment of persons who by misfortune 
or poverty require relief during temporary sickness, and 
may make the necessary appropriations of money therefor. 
But nothing herein shall add to the compensation now 
required from the Commonwealth, or from any city or 
town, for the care and treatment of any person who shall 
be chargeable as a pauper to the Commonwealth, or to 
any city or town, or diminish the right of the Common- 
wealth to require the removal of a pauper dependent upon 
it for relief to the state almshouse. 

Approved March 24, IS 90. 

ChCWA^O ^^ ■^^^ "^^ ENABLE THE CITY OF LOWELL, FOR THE PURPOSE OF 
BUILDING A NEW CITY HALL AND A MEMORIAL BUILDING TO 
BE USED FOR A CITY LIBRARY, TO INCUR INDEBTEDNESS BEYOND 
THE LIMIT FIXED BY LAW. 

Be it enacted, etc., asfolloios: 

dlbtednesV"' Section 1. The City of Lowell, for the purpose of 

beyond the debt building a UBW city hall and a memorial building to be 

used for a city library, may incur indebtedness to an 



1890. — Chapter 121. 99 

nnuuint not exceeding five lunidred thousand dollars forbniidinga 
l)ovond and outside the limit of indebtedness fixed by '^'^^ '"' '^^'^' 
law for said city ; and may from time to time issue nego- 
tiable notes, bonds or scrip therefor, properly denominated 
on the face thereof, and signed hy its treasurer and 
countersigned by its mayor, payable in periods not 
exceeding thirty years from the date of issue, and 
bearing interest at a rate not exceeding four per centum 
per annum. 

Sectiox 2. The provisions of chapter twenty-nine of fiXn^'fuud. 
the Public Statutes, and of chapter one hundred and 
twenty-nine of the acts of the year one thousand eight 
hundred and eighty-four, shall otherwise apply to the 
issue and sale of such bonds, notes or scrip, and to the 
establishment of a sinking fund for the payment thereof 
at maturity. 

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

Approved March 24, 1S90. 



An Act to enable the ciTr of lowell, for the purpose of (Jhrny 191 

PROVIDING A NEW HIGH SCHOOL BUILDING, TO INCUR INDEBTED- 
NESS BEYOND THE LIMIT FIXED BY LAW. 

Be it enacted, etc., as follows: 

Section 1. The city of Lowell, for the purpose of ^g'jj^jdnpjg'"' 
purchasing; land and erectino- a hii^h school buildino; in beyond the 

^•1.^^ . -iwi^ -. debt limit for 

said city, may incur indebtedness to an amount not erecting a high 
exceeding one hundred and fifty thousand dollars beyond ''^'^°°' ^""^""^• 
the limit of indel)tedness fixed by law for said city ; and 
may from time to time issue negotiable notes, bonds or 
scrip therefor, properly denominated on the face thereof, 
and signed by its treasurer and countersigned by its 
mayor, payable in periods not exceeding thirty years 
from the date of issue, and bearing interest at a rate not 
exceeding four per centum per annum. 

Section 2. The provisions of chapter twenty-nine of ^°|^^'^«'"^^^f^^ 
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 and 
sale of such bonds, notes or scrip, and to the estab- 
lishment of a sinking fund for the payment thereof at 
maturity. 

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

Apj^roved March 24, 1890. 



100 



1890. — Chapters 122, 123. 



(77ifW.122 ^^ ^^"^ '^^ CREATE AN ART COMMISSION FOR THE CITY OF 

BOSTON. 



Art commission 
established for 
the city of 
Boston. 



Erection of 
statues, monu- 
ments, etc., 
subject to ap- 
proval of com- 
mission. 



Commission to 
give advice, 
upon request of 
mayor, etc. 



Be it enacted, etc., asfolloivs: 

Section 1. An art commission for the city of Boston 
is hereby established, to consist of the mayor of the city 
of Boston, the president of the trustees of the Boston pub- 
lic library, the president of the trustees of the museum of 
tine arts, the president of the Boston society of architects, 
and the president of the Massachusetts institute of tech- 
nology, each of whom shall l)e ex-officio a member of 
the commission. The commission is to serve without 

pay- 

Section 2. No statue, fountain, ornamental arch or 
gateway, monument or memorial of any kind shall be 
erected in any public street, avenue, square, place, com- 
mon, park or municipal building, in the city of Boston, 
unless the design and site for the same shall have been 
approved in writing by a majority of said commission 
and their report shall have been made to the city council. 
Said report shall be made within thirty days from the 
time when the design and site as above specified shall 
have been submitted to the commission for their 
approval. 

Section 3. The commission shall, at the request of 
the mayor, aldermen or common council, give its advice 
as to the suitability of the design for any public building, 
bridge or other structure, and shall report thereon in 
writing to the city council. 

Section 4. This act shall take effect upon its passage. 

Approved March 24, 1890. 



(7A^79.123 "^^ ^^^ '^^ CHANGE THE NAME OF THE NEW ENGLAND INDUSTRIAL 

AND tp:chnological school. 



Name changed 
to Christian 
Industrial and 
Technical 

iSchool. 



Be it enacted, etc., as follows: 

Section 1. The name of the New England Industrial 
and Technological School, in Springfield, organized Feb- 
ruary twenty-third, eighteen hundred and eighty-seven, 
under the general laws of the Conunonwealth, is hereby 
changed to the Christian Industrial and Technical School. 

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

Approved March 27, 1890. 



1890. — Chapters 12:t, 125. 101 



An Act providing for the purchase or taking of land by (JJinri 124 

CITIES and towns FOR THE PURIFICATION AND DISPOSAL OF ^ 

SEWAGE. 

Be it enacted, etc., as folloius: 

Section one of clui})ter fifty of the Public Statutes is p. s.so, §i, 
hereby amended b}' adding at the end thereof the words : — ™''° '^ 
Cities and towns may with the approval of the state board 
of health, obtained after a public hearing by said board of 
all ]iarties interested, purchase or take land within their 
respective limits for the purification and disposal of sew- 
age. Said board shall give notice of such hearings by 
publication in such newspapers and at such times as it 
may deem proper, — so that said section as amended shall 
read as follows: — /Section 1. The mayor and aldermen May lay main 

/. •, 1 J.1, 1 i 1 • • L' drains thronsli 

or a city, and the selectmen or road comniLssioners ot a lands of persons 

town, may lay, make, and maintain all such main drains or corporauons. 

or common sewers, as they adjudge to be necessary for 

the public convenience or the public health, through the 

lands of any persons or corporations, and may repair the 

same whenever it is necessary ; main drains and common 

sewers so laid shall be the property of the city or town. 

Cities and towns may with the approval of the state board .^^^y '^^e land, 

. "^ . '^ . . ,. with approval 

of health, obtained after a public hearing by said board of of state board 
all parties interested, purchase or take land within their sewage dls- 
respective limits for the purification and disposal of sew- p"^'*'- ''^'^• 
age. Said board shall give notice of such hearings by 
publication in such newspapers and at such times as it 
may deem proper. Approved March 27, 1890. 

An Act to incorporate the milford creamery company. Oh an 125 
Be it enacted, etc., as follows: 

Section 1. Chester L. Clark, Joseph H. Wood, ^[.^^^^'^^^^y"' 
"William B. Hale, Henry E. ]Morgan, Perley P. Field, incorporated.' 
Thomas H. Mann, George D. Wellington, their associates 
and successors, are herel)y made a corporation l)y the 
name of the Milford Creamery Company, for the i)uriiose 
of buying and selling milk and its products in Milford 
and elsewhere ; and for this purpose shall have all the 
powers and privileges 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 relating to 



102 



1890. — Chapters 126, 127. 



Capital stock 
and shares. 



Shares for sale 
to be first 
offered to the 
stockholders 
through the 
treasurer. 



such corporations, except as herein otherwise expressly 
provided. 

Section 2. The capital stock of said corporation shall 
be five thousand dollars, divided into shares of twenty-Hve 
dollars each : provided, however, that said corporation shall 
not OTQ into operation until two thousand dollars of its 
capital stock has been paid in. 

Section 3. No share of stock of said corporation 
shall be sold by the owner thereof without first ofiering 
the same to the stockholders, through its treasurer, who 
shall fix the value thereof and who shall notify the stock- 
holders that said stock is for sale ; and if not purchased 
by any stockholders within fifteen days after it shall have 
been offered, the same may then be sold by the owner in 
open market or otherwise. 

Section 4. This act shall take effect upon its passage. 

Approved March 28, 1890. 

ChCllJ.V2.Qf ^^ ^^^ RELATING TO THE PUBLICATION OF THE ANNUAL REPORT 
OF THE BOARD OF COMMISSIONERS OF SAVINGS BANKS. 

Be it enacted., etc., as follows : 

Section 1. The annual report of the board of com- 
missioners of savings banks, required to be made to the 
general court, may hereafter be published in two vol- 
umes : that portion relating to savings banks, institutions 
for savings, safe deposit, and loan and trust companies to 
constitute one volume, designated as Part L, of which 
twenty-five hundred copies shall be printed ; and that 
portion relating to co-operative banks and loan companies 
to constitute another volume, designated as Part II., of 
which fifteen hundred copies shall be printed ; the two 
parts to remain as number eight in the series of public 
documents. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

Approved March 28, 1890. 

(7/itt7).127 -^^ -^^^ ^^ AUTHORIZE APPEALS FROM ASSESSORS OF TAXES TO 

THE SUPERIOR COURT. 

Be it enacted, etc. , as follows : 

izedfro.nas^"'^' Section 1. Any pci'son entitled to make a complaint 
sensors of taxes to thc couuty comiuissioncrs, or to any board exercisins: 

to the superior /-i /• •• /> i 

court. any of the powers of county commissioners, for an abate- 






Annual report 
raay be pub- 
lished in two 
volumes. 



Repeal. 



1890. — Chapter 127. 103 

mcut of his taxes may, if he so elect, appeal under the 
same terms and conditions from the decision of the assess- 
ors to the superior court for the count}^ in which the city 
or town, in which the property of such person is assessed, 
is situated. 

Section 2. Such appeal shall be entered in the office Tobouied 
of the clerk of said court at the return day first occurring '^'"io"'aJ"fJ- 
not less than thirty days after the assessors have given to 
the appellant notice in writing of their decision upon his 
application for such abatement, and shall be tried, heard 
and determined by the court without a jury in the manner 
and with the rights provided by law in other civil cases 
so heard. 

Section 3. If upon such trial it appears that the Abatement. 
appellant has complied with all the provisions of law, 
and has paid the taxes for which he has been assessed, 
he may be granted such abatement as said court may deem 
reasonable, under the same circumstances as an abatement 
may now be granted in like cases by the county commis- 
sioners, and judgment for the amount thereof shall be 
rendered against such city or town ; and the court may 
make such order relating to the payment of costs as justice Payment of 
may seem to require ; but no costs shall be allowed to an °°* *' 
appellant who has failed to file a list of his estate as re- 
quired ])y law ; if no abatement is granted judgment shall 
be rendered in favor of the city or town for its expenses 
and costs, to be taxed by the court. 

Section 4. Such appeal shall be tried at the first trial J°e™\ner°'^ 
term of said court for civil cases, unless delay shall be withasuttiede- 

, , . "^ ,. 1 lay as possible. 

granted at the request ot such city or town tor good 
cause ; and said court, and the supreme judicial court 
upon any appeal from any decision in any such case, shall, 
if requested by such city or town, advance the case upon 
the docket so that it may be tried and decided with as 
little delay as possible. Either party may file exceptions 
to the decisions and rulings of the court upon matters of 
law arising upon the trial, in the same manner and with 
the same effect as is allowed in the superior court in the 
trial of cases without a jury. 

Section 5. The court may in its discretion appoint a commissioner 

1 ji ,• 1 j_ I A j-I may lie ap- 

commissioner to hear the parties and to report to tne pointed to re- 
court the facts, or the facts with the evidence. Such j^^JVo'lm.'"'"' '° 
report shall be prima facie evidence of the facts thereby 
found. The fees of the commissioner shall be paid in 



104 



1890. — CHArTER 128. 



Notice of de- 
cision by 
. assessors to be 
given in writing, 
upon applica- 
tion. 

Tax comtnis- 
sioner may 
order a corpora- 
tion to prose- 
cute an appeal. 



Order as to 
costs. 



the same manner as those of auditors appointed by the 
court. 

Sectiox 6. The assessors shall give to any person 
applying to them for an abatement of taxes notice in 
writing of their decision upon such application within ten 
days after they take final action thereon. 

Section 7. The tax commissioner of the Common- 
wealth may at his election order a corporation to prosecute 
an appeal from the valuation fixed upon its real estate and 
machinery by the assessors of a city or town, either to 
the county commissioners, as now provided by law, or to 
the superior court. In case of an appeal to the superior 
court, under the provisions of this section, said court 
may make such order as to costs as justice may seem to 
require. Approved March 28, 1890. 



p. S. 162 §20. 
1889, 415 § 3. 
amended. 



Procedure in 
poor debtor 
matters. 



CAa7?.128 ^'^ ■^^'^ RELATING TO THE PROCEDURE IN POOR DEBTOR MATTERS. 

Be it enacted, etc. , as follows : 

Section 1. Section twenty of chapter one hundred 
and sixty-two of the Public Statutes, as amended by 
section three of chapter four hundred and fifteen of the 
acts of the year eighteen hundred and eighty-nine, is 
hereby further amended by adding at the end thereof the 
following words : — If at the examination it appears that, 
after the service of the notice and pending the proceedings 
thereon, the debtor has made a payment of money or a 
conveyance, assignment or transfer of any property of 
his not exempt from being taken on execution, with intent 
to prevent the same from being transferred or paid to the 
creditor, or applied by the force of the said proceedings 
to the satisfaction of the execution, such transfer, assign- 
ment, conveyance or payment shall be deemed to be made 
in contempt of the court or magistrate, and the debtor 
shall be liable, in the discretion of the court or magistrate, 
to be committed as for a contempt; and, when the court 
or magistrate makes a certificate therefor, shall be con- 
veyed to jail and there kept until dischaiged l)y said court 
or magistrate, or otherwise according to law ; but pay- 
ment of debts for necessaries for support of himself and 
family, debts due on executions upon which he has already 
been cited to appear for examination under the provisions 
of this chapter or any act amendatory thereof or supple- 
mentary thereto, and a reasonable sum for counsel fees. 



1800. — Chapter 128. 105 

shall not be deemed Avithin the prohibition of this section, Piocpdurein 
— so as to read as foHows : — Section 20. If the judg- letters.' ""^ 
ment debtor a})pears before the magistrate at the time 
and phice tixed, he shall be examined on oath touchino- 
his estate and effects and the disposal thereof. Such 
examination may be in the presence of the magistrate, or 
otherwise as he shall direct, and when completed, if in 
Avriting, shall be signed and sworn to by the debtor, and 
shall be preserved by the magistrate. The magistrate 
shall also hear any legal and pertinent evidence which 
either part}^ may offer. The examination and hearing 
shall be oral, unless the parties, or one of them, requests 
that the same may be wholly or in part in writing. If 
the del)tor fails to appear at the examination, or if appear- 
ing he fails to ol)ey all lawful orders and requirements of 
the court or magistrate, the arrest may be authorized, 
either upon the original execution, or upon an alias or 
other successive execution issuing on the same judgment. 
If the time for the return of the execution expires while 
the examination is pending, the arrest may be authorized 
upon an alias or other successive execution in like manner 
and for the same reasons or defaults as upon the original 
execution. If the time for the return of the execution 
or of any alias or other successive execution, issuing on 
the same judgment, expires after a certificate authorizing 
an arrest has l)een affixed thereto, and before such arrest * 
has been made thereon, a copy of the said original cer- . 
tificate, certified by the clerk of the court issuing such 
original certificate and under the seal of said court, shall 
be aifixed to any alias or other successive execution 
issuing on the same judgment, and such copy shall have 
the same force and effect as the original certificate. If at 
the examination it appears that, after the service of the 
notice and pending the proceedings thereon, the debtor 
has made a payment of money or a conveyance, assign- 
ment or transfer of any property of his not exempt from 
being taken on execution, with intent to prevent the same . 
from being transferred or paid to the creditor, or applied 
by the force of the said proceedings to the satisfaction of 
the execution, such transfer, assignment, conveyance or 
payment shall be deemed to be made in contempt of the 
court or magistrate, and the debtor shall be liable, in 
the discretion'of the court or magistrate, to be committed 
as for a contempt; and, when the court or magistrate 



lOG 1890. — Chapters 129, 130. 

makes a certificate therefor, shall be conveyed to jail and 
there kept until discharged by said court or magistrate, 
or otherwise according to law ; but payment of debts for 
necessaries for support of himself and family, debts due 
on executions upon which he has already been cited to 
appear for examination under the provisions of this chapter 
or any act amendatory thereof or supplementary thereto, 
and a reasonable sum for counsel fees, shall not be deemed 
within the prohibition of this section. 
R'^P'^'^i- Section 2. All acts and parts of acts inconsistent 

herewith are hereby repealed. 

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

Approved March 28, 1890. 

(7Att».129 ^^ -^^^ '^^ PREVENT INJURY TO FISH IN BROOKS AND STREAMS 

BY- SAWDUST. 

Be it enacted, etc., as folloivs : 
Discharge of Section 1. When tlic board of commissioners on 

sawdust, from . ir»i' i iiit'ii i/»i 

saw-mills, iuto inland fisheries and game shall decide that the fish ot any 
m'ayberegu- brook or Stream in this Commonwealth are of sufficient 
mis^ioners^mi valuc to Warrant the prohibition or regulation of the 
inland fisheries. (Jigcharg-e of sawdust froui saw-mills into such brook or 
stream, and that the discharge thereof from any particular 
saw-mill materially injures such fish, they shall, by 
written order to the owner or tenant of such saw-mill, 
prohibit or regulate the discharge of sawdust from such 
mill into such brook or stream. Such order may be 
revoked or modified by the board of commissioners on 
inland fisheries and game at any time. 
Penalty. SECTION 2. Any persou so notified who shall dis- 

charge, or suffer or permit to be discharged from such 
saw-mill while under his control, any sawdust into any 
brook or stream contrary to the order of the board of 
commissioners on inland fisheries and game, shall be pun- 
ished by a fine not exceeding twenty-five dollars. 

Approved March 28, 1890. 

CA«?9.130 ^N Act to authorize the town of hudson to make an 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

^dSaf water SECTION 1. The towu of Hudson, for the purposes 
loan. mentioned in section five of chapter one hundred and forty- 

nine of the acts of the year eighteen hundred and eighty- 



1890. — Chaptek 131. 107 

three, is hereby authorized to issue notes, l)on(ls or scrij), 

to be denominated on the face thereof Hudson Water 

Loan, to an amount not exceeding twenty-five thousand 

doUars in addition to the amounts heretofore authorized 

by law to be issued by said town for the same purposes ; 

said notes, bonds or scrip, except as provided in section 

two of this act, 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 Hudson water loan by said 

town: 2^^'ovtded, that the whole amount of such notes, whoie amount 

bonds or scrip issued by said town, together with those §125,000. 

heretofore issued by said town for the same purposes, shall 

not exceed the amount of one hundred and twenty-live 

thousand dollars. 

Section 2. The said town, instead of estal)lishing a May provide 

• 1 • ,> 1 • 1 1 • 1 i • xi • 1 4 'j 1 for payment of 

Sinking lund as required by said act, is authorized at the loau in annual 
time of contracting the loan authorized by this act to p.ay'menu?'*'^ 
provide by vote for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
thirty years from the date of contracting the loan hereby 
authorized ; 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 : provided, however, that the income from Proviso. 
said water supply shall be applied annually in payment of 
maturing loans, and any deiiciency shall only be raised by 
assessment as aforesaid. 

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

Axjproved March 28, 1890. 



An Act to establish the salary of the justice of the first (JJianA^X 

DISTRICT court OF SOUTHERN WORCESTER. 

Be it enacted, etc., as folloivs: 

Section 1. The salary of the justice of the first dis- saiaryof 
trict court of southern Worcester shall be fifteen hun- •'"'''''^®* 
dred dollars a year from the first day of January in the 
year eighteen hundred and ninety. 

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

Ajiproved March 28, 1890. 



108 1890.— Chaptees 132, 133, 134. 



Chctp.\32 ^^ -^^"^ '^^ PROVIDE FOR CONNECTING BUILDINGS WITH PUBLIC 

SEWERS. 

Be it enacted^ etc., as follows : 

?tre'e't!°e!c.°° " Section 1. Eveiy building situated on a public or 
containing a private Street, court or passageway, in which there is a 

public sewer to ■"■,■,. in i ^i 

be connected puolic scvvcr, shall, whcu required by the board oi health 
of the city or town in which it stands, be connected by 
a good and sufficient particular drain with such public 
sewer. 

rorapUance.°°°' Sectiox 2. Any pcrsou owning, leasing or maintain- 
ing any building not connected with a public sewer as 
provided in the preceding section shall be punished by 
a fine not exceeding two hundred dollars. 

SECTio>r 3. This act shall take effect upon its passage. 

Approved March 2S, 1890. 

Ghcin.X'd^ Ax Act to establish the salaries of the county commis- 
sioners OF THE county of BERKSHIRE. 

Be it enacted, etc., as follotvs: 
saianes estab- Sectiox 1. The Salaries of the county commissioners 
of the county of Berkshire shall be twenty-one hundred 
dollars per annum, beginning with the first day of January 
in the year eighteen hundred and ninety. 

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

Approved March 28, 1890. 

ChCiP.VS4: ^^ ^^^ ^^ authorize THE CITY OF HOLYOKE TO ISSUE NOTES, 
BONDS OR SCRIP FOR THE PURPOSE OF REFUNDING CERTAIN BONDS, 
AND TO SELL CERTAIN RAILROAD STOCK NOW OWNED BY IT, THE 
PROCEEDS OF WHICH ARE TO PAY SAID NOTES, BONDS OR SCRIP. 

Be it enacted, etc., asfolloivs: 

«a"blJnoTer^°" Section 1. The city of Holyoke, for the purpose of 
etc., for refund- pefm^tjino- ccrtaiu l)onds issued by it under authority of 

ing certain ~ ^^ . , *' 

bonds. chapter three hundred and seventy-nine of the acts of the 

year eighteen hundred and sixty-nine and maturing in the 
years eighteen hundred and ninety and eighteen hundred 
and ninety-three, is authorized to issue negotial)le notes, 
bonds or scrip to an amount not exceeding two hundred 
and twenty-six thousand five hundred dollars, payable at 
periods of not more than twenty years from the date of 
issuins: the same. 



1890.— Chapter 135. 109 

Section 2. Said notes, bonds or scrip issued under Notes, bonds, 
authority of this act shall be properly denominated on signed b/ the 
the face thereof, and signed liy the treasurer and counter- comuei^B^g"t"j!i 
signed by the mayor of the city of Ilolyoke, and shall bear i*}' iii« m^yor. 
interest, paj^able semi-annually, at a rate not exceeding 
live per centum per annum ; and said city is authorized 
to sell said notes, bonds or scrip at public or private sale, 
and with the proceeds thereof may pay said outstanding 
bonds, or use the said notes, bonds or scrip in payment 
of such outstanding bonds; provided, that said notes, Not to be sold 
bonds or scrip shall not be sold or used at less than par. than par. 

Sectiox 3. The city of Holyoke is authorized, by vote May seu stock 
of its city council, to sell its stock in the Holyoke and and westwe'id*' 
Westfield Railroad Company at any time; but the pro- g'ny?'"^^"'"' 
ceeds of such sale or sales shall be used for the payment 
of the notes, bonds or scrip issued by authority of this 
act ; or, in case of a sale of said stock before the maturity 
of said notes, bonds or scrip, such proceeds shall be used 
for establishing a sinking fund, in the manner provided 
by law for cities and towns, which sinking fund shall be sinking fund. 
sufficient, with its accumulations, to extinguish said notes, 
bonds or scrip at maturity. 

Section 4. This act shall take effect upon its passage. 

Approved March 28, 1890. 

An Act to authorize the town of marlborough, for the (7^tt7?.135 

PURPOSE OF constructing A SYSTEM OF SEWERAGE, TO INCUR 
INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW. 

Be it enacted, etc. , as folloivs : 

Section 1. The town of Marlborough, for the pur- May incur in- 

. , . . . *- ,. debtedness 

pose ot constructing' and maintaining a system ot sewer- beyond the 

^ 1 T*^ , • 1 1 • 1 4. il debt limit for a 

age and sewage disposal as provided in chapter three sewerage sys- 

hundred and twelve of the acts of the year eighteen ^^'^' ®'*=- 

hundred and eighty-eight, may incur indebtedness to an 

amount not exceeding seventy-five thousand dollars beyond 

the limit of indebtedness fixed by law for said tow^n and 

in addition to the amount authorized by said chapter. 

The incurrence of such indebtedness, and all bonds, notes 

or scrip issued for the same, shall be in accordance with 

and subject to the provisions of said chapter three hundred 

and twelve. 

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

Approved March 28, 1890. 



110 



1890. — Chapters 186, 137, 138. 



(7^C?/?.136 An Act to authorize the perkins institution and Massachu- 
setts SCHOOL FOK THE BLIND TO HOLD ADDITIONAL REAL AND 
PERSONAL ESTATE. 



Amendment to 
1829, 113. 



Amendment to 
1887, 75, § 1. 



Be it enacted, etc., as follows : 

Section 1. The second section of the act of incorpo- 
ration of the New England Asylum for the Blind, approved 
on the second day of March in the year eighteen hundred 
and twenty-nine, is hereby amended by striking out the 
concluding words thereof, to wit: — '■'provided, that the 
income of said corporation, from its real and personal 
estates together, shall not, at any time, exceed the sum 
of thirty thousand dollars." 

SectiojST 2. The first section of chapter seventy-five 
of the acts of the year eighteen hundred and eighty-seven 
is hereby amended by striking out the concluding words 
thereof, to Avit : — "to an amount not exceeding two 
hundred and seventy-five thousand dollars in addition to 
the amount it is now authorized to hold." 

Approved March 28, 1890. 



Chaj) 



Salaries of 
clerks estab- 
lished. 



.137 -^^ ^^^ PROVIDING FOR CLERICAL SERVICE IN THE OFFICE OF THE 
CHIEF OF THE DISTRICT POLICE. 

Be it enacted, etc., as follows: 

Section 1. The chief of the district police may ap- 
point in his ofiice two clerks, the first at a salary of fifteen 
hundred dollars a year, and the second at a salary of eight 
hundred dollars a year. 

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

Approved March 28, 1890. 



0/^^79.138 ^^ ^^^ '^^ AUTHORIZE THE LENOX WATER COMPANY TO ISSUE 

ADDITIONAL WATER BONDS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
ninety-eight of the acts of the year eighteen hundred 
and eighty-seven is hereby amended so as to read as 
follows : — Section 2. Said corporation may for the 
purposes aforesaid hold real and personal estate not 
exceeding in amount sixty-five thousand dollars ; and the 
whole capital stock shall not exceed seventy-five thousand 
dollars, to be divided into shares of one hundred dollars 



1887, 198, § 2, 
amended. 



Real and per- 
sonal estate; 
capital stock 
and shares. 



1890. — Chapters 139," MO. Ill 

each; and said corporation may issue bonds bearing Mny issue 
interest at a rate not exceeding six ])er centum per annum, 
and secure the same by a mortgage on its franchise and 
other property to an amount in all not exceeding its 
capital stock actually paid in and applied to the purposes 
of its incorporation. 

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

Approved March 28, 1890. 



An Act to authorize the city of waltham to raise addi- 
tional FUNDS FOR water WORKS. 



Chap.n^ 



Be it enacted, etc., as foUoivs : 
• Section 1. The city of Waltham is hereby authorized, May raise addi. 

_ , •' . , 1 'i 1 1 1 lional funds for 

tor the purposes named in chapter three hundred and water bonds. 
thirty-seven of the acts of the year eighteen hundred 
and seventy-two, to raise by taxation or by borrowing 
from time to time an amount not exceeding one hundred 
thousand dollars in addition to the amount already author- 
ized by law, upon the same terms and conditions and with 
like powers in all respects as are provided in said act for 
the raising of money. 

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

Approved March 28, 1800. 

An Act to incorporate the uniformed sir knights, okuer /^7>/y^ 140 

SONS of ST. GEORGE OF WORCESTER, MASSACHUSETTS. -^ 

Be it enacted, etc. , as follotvs : 

Section 1. H. Robert Surles, John W. Davies, corporators. 
Thomas Stanstield, William Turner, J. W. Hills, Chas. 
C. Cook, John Booth, Geo. J. Cormwell, William Coley, 
John B. Healey, Edwin Wright, William Mitchell, G J. 
Kenvvorthy, Alfred Mills, and such other persons as may 
so elect, who are now associated as the Uniformed Sir 
Knights, Sons of St. George, of Worcester, Massachu- 
setts, or who may be hereafter associated with them, are 
hereby made a body corporate, to be located at said city 
of Worcester, and to have the name of Uniformed Sir Name and pur- 
Knights, Sons of St. George, of Worcester, Massachu- p'"^" 
setts, for the purpose of inculcating social, benevolent 
and fraternal fellowship among the members, and advancing 
the interests of said order sons of St. George ; and as 
such body corporate shall have the privileges and be sub- 



112 



1890. — Chapter 141. 



May make by- 
lavvB, rules, etc. 



Real aud per- 
sonal property 
not to exceed 

$50,000. 



ject to the duties and liabilities set forth in all general 
laws now or hereafter enacted relating to such corpora- 
tions. 

Section 2. The said corporation is hereby authorized 
to make and adopt by-laws, rules and regulations not 
inconsistent with the laws of the Commonwealth, for the 
admission, w^ithdrawal, suspension and expulsion of mem- 
bers, and their government, the election of officers, and 
prescribing their duties, and for the safe keeping of its 
property ; and it may from time to time alter and repeal 
such by-laws, rules and regulations. 

Section 3. The said corporation is hereby authorized 
to hold property, real and personal, to an amount not 
exceeding fifty thousand dolhirs. # 

Section 4. This act shall take efl'ect upon its passage. 

Approved March 28, 1890. 



(JJiaj).\4il ^^ ^^^ RELATING TO THE ANNUAL RETURNS OF COUNTY TREAS 

URERS. 



Returns of re- 
ceipts and ex- 
penditures by 
county treas- 
urers. 



To be published 
and sent to 
cities and 
towns. 



Be it enacted^ etc., as folloios: 

Section 1. The particular statement of the receipts 
and expenditures required to be published annually by 
county treasurers, under the provisions of section twenty- 
eight of chapter twenty-three of the Pul)lic Statutes, shall 
contain, in detail, the name of every person who pays 
money to the treasurer, and of every person to whom 
money is paid by the treasurer, and the amounts so paid 
by or to such person, under the appropriate classification, 
provided that sums less than five dollars may be stated in 
the afforeo-ate. 

Section 2. The treasurer shall publish, with the 
statement thus provided, a list of the assets of the county, 
with the appraised value of the same, which the county 
commissioners shall pre[)are and certify to be correct, 
at the end of each year, including land, buildings, law 
library, furniture in court houses, jails and other public 
buildings, together with the debts of the county, and 
shall furnish and transmit to the clerks of each city 
and town in the county, for distribution, one copy for 
every two hundred inhabitants thereof. 

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

Approved March 28, 1890. 



1890. — Chapters 142, 143, 144. 113 



An Act to further extend the time of exemption of the nj^^qj 140 

CITr OF BROCKTON FROM THE OPERATION OF AN ACT RELATIVE -^ 

TO THE LIMIT OF THE MUNICIPAL DEBT OF AND THE RATE OF 
TAXATION IN CITIES. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby exempted an^i-ateon'^ixa- 
from the operation of section one of chapter three hundred ''on- 
and twelV'C of the acts of the year one thousand eight 
hundred and eighty-five until the first day of January in 
the 3^ear one thousand eight hundred and ninety-three. 

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

Approved March 28, 1890. 

An Act to establish the salary of the treasurer of Norfolk nhnj) 243 

COUNTY. 

Be it enacted, etc., as folloivs: 

Section 1. The salary of the treasurer of the county saiaryestab- 
of Norfolk shall be fourteen hundred dollars per annum, 
beginning the first day of March, eighteen hundred and 
ninety. 

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

Approved March 28, 1890. 

An act PROVIDING for THE APPOINTMENT OF THE BOARD OF (JfifiY) 144 
STREET COMMISSIONERS OF THE CITY OF MALDEN, AND DEFINING 
THEIR POWERS AND DUTIES. 

Be it enacted, etc., as folloivs: 

Section 1. The mayor and aldermen of the city of Board of street 

, ./ ^ , commissioners 

Maiden shall appoint three persons to be street commis- to be appointed. 
sioners, one for three years, one for two years and one 
for one year, and shall thereafter annually appoint one 
person for three years. The city council may by ordi- 
nance fix the time of said appointment and the time when 
said term of service shall commence. The commissioners 
shall hold their office until others shall be chosen and 
qualified in their stead. Vacancies may be filled by the 
mayor and aldermen at any time, and removals may be 
made by them for cause. The persons so appointed shall 
constitute the board of street commissioners. All of the powers and 
powers now vested in the city council in respect to the ''"'"^■^■ 
laying out, accepting, widening, altering, locating anew, 
discontinuing or repairing any highway, town way or 



lU 



1890.— Chapter 145. 



Compensation. 



Repeal. 



To take effect 
first Monday of 
January, 1891. 



private way, and all the powers now vested in the mayor 
and aldermen in respect to establishing, grading and con- 
structing sidewalks, and completing partially constructed 
sidewalks, and making assessments upon the abutters upon 
such sidewalks, are hereby conferred upon and shall be 
exercised by the board of street commissioners ; but the 
board shall not incur or authorize any expenditures with- 
out a previous appropriation therefor by the city counc 1 . 
Applications for laying out, accepting, widening, altering, 
locating anew or discontinuing any highway, town way or 
private way, and for establishing and constructing side- 
walks, may be made, and notice given and proceedings 
had thereon, in such manner and under such regulations 
as may be prescribed in the ordinances of said city. The 
compensation of the street commissioners shall be fixed 
by the city council. 

Section 2. Section twenty-one of chapter one hun- 
dred and sixty- nine of the acts of the year eighteen 
hundred and eighty-one and all acts and parts of acts 
inconsistent with this act are hereby repealed, said repeal 
to take effect when the provisions of this act, enacted as 
a substitute for said acts and parts of acts repealed, shall 
take etfect. 

Section 3. This act shall take efi'ect on the first 
Monday of January in the year eighteen hundred and 
ninety-one. Apjjroved March 2S, 1890. 



CJ)(ipA4:5 ^N -^^"^ '^^ INCORPORATE THE FIRST UNITARIAN SOCIETY OF 

HUDSON. 

Be it enacted, etc., as folloivs : 

sodety^drHud- Sectiox 1. The members of the religious society, as 
raLd"""^^"" "^^ constituted in the town of Hudson and heretofore 
known as Union Society, are hereby made a body cor- 
porate, with all the rights, powers and privileges and 
subject to all the liabilities of a corporation for religious 
purposes under the laws of this Commonwealth, and shall 
hereafter be known by the following name, to wit: — 
The First Unitarian Society of Hudson. 

Section 2. All the property real and personal, 
whether situated in the town of Hudson or elsewhere, 
now belonging to said Union Society, and all rights to 
property hereafter acquired in the name of Union Society, 
shall vest in and become the property of the corporation 
hereby established, with full power to recover the same 



Property of the 
Union Society 
vested in cor- 
poration. 



1890. — Chapter UG. 115 

in the name of said Union Society, but for the use and 
Itonclit of the cori)oration hereby established. 

Section 3. Said oor})oration shall have power to assess Asseesment 
upon the pews in its meeting-house, according to a valua- "upporto/pub- 
tiou thereof to be first made and recorded by the clerk of "" '""''^^'p- 
the corporation, such sums of money or a part thereof 
as may be from time to time voted to be raised for the 
support of public worship and for other parochial pur- 
poses ; and all such assessments may be collected as 
pi'ovided by law. 

Section 4. The by-laws of Union Society in so far officers and by. 
as they are applicable are hereby made the by-laws of 
this corporation, with the right to change and alter the 
same as therein ])rovided. The officers of said Union 
Society shall be the officers of this corporation until the 
next annual election. All the previous acts and doings 
of said Union Society and the records thereof are hereby 
ratified and confirmed. 

Section 5. Said corporation is hereby authorized to Real and per. 

,,,,, ijj J 1 sonal estate not 

hold real and personal property to an amount not exceed- to exceed 
ing sixty thousand dollars in value, the income of which ^^'^''^'^'^" 
shall be applied to parochial purposes ; and in addition 
thereto said corporation is hereby authorized to take and 
hold whatever real and personal estate may come to its 
possession by gift, devise or bequest, and to administer 
the same according to the terms and conditions of the 
donation or charity, for parochial purposes : provided, P'"°^'1'*°- 
liowever, that none of the property held by said corpora- 
tion shall be exempt from taxation except the church 
edifice and the lot of land on which it stands. 

Section 6. This act shall take effect upon its passage. 

Approved March 28, 1890. 



Cliap.li:^ 



An Act to change the method of electing the board of 
aldermen of the city of malden. 

Be it enacted, etc. , as foUoivs : 

Section 1. Section eight of chapter one hundred and ^;^y;,d^d.^^' 
sixty- nine of the acts of the year eighteen hundred 
and eighty-one is hereby amended so as to read as fol- 
lows : — Section 8. One alderman shall be chosen from Election of 
the qualified voters of each ward by the qualified voters l^,^,^^ 
of the city at large voting in their respective wards or '="'°^° 
precincts. Each alderman shall be a resident of the ward 
from which he is chosen. Three common councilmen 



klernun and 
common coun- 



116 



1890. — Chapter U7. 



Term of office. 



Subject to ac- 
septance by the 
voters. 



When to take 
effect. 



shall be chosen from and by the qualified voters of each 
ward of the city, and shall be residents of the wards from 
which they are chosen. The said aldermen and common 
councilmen shall hold their offices for one year from the 
first Monday of January following their election and until a 
majority of the new boards shidl be elected and qualified. 

Section 2. This act shall be submitted to the quali- 
fied voters of the city of Maiden for its acceptance at the 
next election for state, district and county officers, 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 Commonwealth then 
in force, 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 ninety, entitled ' An 
Act to change the method of electino; the board of alder- 
men of the city of Maiden ', be accepted ? " and the affirm- 
ative 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 offi- 
cers 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 sub- 
mission of the question of its acceptance to the legal 
voters of the said city shall take eflect upon its passage ; 
but it shall not take further eflect unless accepted by the 
legal voters of said city as herein prescribed. 

Approved March 2S, 1S90. 



ChdnA.^! ^^ ^^'^ "^O INCORPORATE THE ANDOVER HOME FOR AGED PEOPLE. 

Be it enacted^ etc., as follows : 



Andover Home 
for Aged People 
incorporated. 



Section 1. Emma M. E. Sanborn, Annie S. Downs, 
Susanna E. Jackson, C. F. P. Bancroft, Edwards A. 
Park, John W. Churchill, Abbie J. Smith, Lizzie 
A. Wilson, Frances A. Flint, Phebe A. Chandler, Mary 
A. Ballard, Mary A. Koberts, Susan E. Abbott, Mary A. 
Johnson, George H. Tarr, James B. Smith and Joseph 
A. Smart, their associates and successors, are hereby 
made a corporation by the name of the Andover Home for 
Aged People, for the purpose of providing a home for and 
otherwise assisting respectable aged p6ople ; with all the 
powers and privileges and subject to all the duties, liabil- 



1890. — Chapters 148, 149. 117 

ities and restrictions set forth in all o-eneral laws which 
now are or hereafter may be in force applicable to such 
corporations. 

Section 2. Said corporation may for the purposes Reaiandper- 
aforesaid hold real and personal estate to an amount not to exceed^* ""' 
exceeding seventy-tive thousand dollars. All interest of *"^'"'^'^- 
any member of said corporation, in its property, shall 
terminate and vest in the corporation upon his or her 
ceasing to be a member thereof by death, resignation or 
otherwise. 

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

Approved March 29, 1890. 



Ckap.US 



An Act to incorporate the framingham hospital. 
Be it enacted, etc., as follows: 

Section 1. Walter Adams, John S. Cullen, Daniel H'J'spitaT'i.ror. 
T. Bridges, Charles J. McPherson, Franklin E. Gregory, poraied. 
Frederick B. Home, Clarence T. Boynton, Augustus M. 
Lang, Bernard F. Merriam, Franklin Manson, Luther F. 
Fuller, Willis A. Kingsbury, George E. Cutler, Thomas 
L. Barber, Ora O Davis, Joshua Smith, Clifford Folger, 
Josei)h B. Johnson, Willard Howe, Thomas C. Porter, 
Franklin H. Sprague, their associates and successors, are 
hereby made a corporation by the name of the Framing- 
ham Hospital, in the town of Framingham, for the pur- 
pose of establishing and maintaining a hospital for the 
care and treatment of sick and disal)led persons ; with all Povyers and 
the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in all general laws 
which now are or hereafter may be in force relating to 
such corporations. 

Section 2. Said corporation is hereby authorized to Real and per- 
hold, for the purposes aforesaid, real and personal estate to" xceed '"^ "°' 
to an amount not exceeding fifty thousand dollars. $oo,ooo. 

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

Approved March 29, 1890, 

An Act to authorize the holyoke and westfield railroad ni^n^) IIO 

COMPANY TO ISSUE BONDS. ^ 

Be it enacted, etc., as follows: 

Section 1. The Holyoke and Westfield Railroad May issue bonds 
Company, for the purpose of paying maturing mortgage $200,000. 
bonds, is hereby 'Authorized to issue bonds of said road 
not exceeding two hundred thousand dollars in amount, 



118 



1890. — Chapteks 150, 151. 



payable at such times as may be designated therein not 
exceeding twenty years from their respective dates, with 
interest not exceeding the rate of six per centum per 
annum, payable semi-annually, and to secure the same by 
a mortgage to trustees of its railroad equipment and fran- 
chise or of any of its property real or personal. 

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

Approved March 29, 1890. 



(7A«/>.150 ^^ ^^"^ ^^ CHANGE THE LOCATION OF THE OLD COLONY RAIL- 
ROAD OVER LAND OF THE COMMONWEALTH IN THE TOWN OF 
FRAMINGHAM. 



May build 
tracks over land 
of the Com- 
monweiilth iu 
Framiiigham. 



When to take 
effect. 



Be it enacted, etc., as follows: 

Section 1. The Old Colony Railroad Company is 
hereby authorized to build and maintain tracks over a 
strip of land thirty feet wide, owned by the Common- 
wealth, in the town of Framingham, and shown on a plan 
thereof filed in Middlesex south district registry of deeds 
on the nineteenth day of February in the year eighteen 
hundred and ninety. 

Section 2. This act shall take effect upon the release 
by said railroad company to the Commonwealth of the 
rights reserved to said company in and by the first section 
of chapter four hundred and sixty-three of the acts of the 
year eighteen hundred and eighty-nine. 

Approved March 29, 1890. 

An Act to incorporate the cottage city water company. 

Be it enacted, etc., as follows : 

Section 1. Zenas D. Linton, George A. Smith, 
William Wheeler, Charles F. Parks, Lucius H. Fuller 
and Elisha Thayer, their associates and successors, are 
hereby made a corporation by the name of the Cottage 
City Water Company, for the purpose of supplying the 
inhabitants of the town of Cottage City, or any part 
thereof, with water for domestic, manufacturing and 
other purposes, including the extinguishment of fires ; 
wnth all the powers and privileges and sulyect to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are or may hereafter be in force applicable 
to such corporation. 
!^*BeechTovr Section 2. The said corporation for the purposes 
springs, etc. afoi'esaid may take, by i^urchase or otherwise, and hold 
the waters or so much thereof as may be necessary, of 



Chap.l^l 



Cottage City 
Water Com- 
pany incor- 
porated. 



Powers and 
duties. 



1890. — Chapter 151. 119 

Beech strove springs, so called, or of tiny springs, streams 
or wells, or of any filter galleries or wells that may he 
constructed upon the shore of any pond, or near to any 
spring or streams in the town of Cottage City or its 
immediate vicinity ; and also all lands, rights of way and 
easements necessary for holding and preserving such 
water, and for conveying the same to any part of said 
town ; and may erect on the lands thus taken and held i^lfif(n,'gfand 
proper dams, buildings, fixtures and other structures, and other struci- 

11^ . ~ , , . ures. 

may make excavations, procure and operate machinery, 
and j^rovide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective works; and may construct and lay May construct 

T 1 •, • 1 A^ I 1 a"'' lav dowu 

down conduits, pipes and other works under or over any conduits. 
lands, water courses, railroads or public or private ways, 
and along any such ways, in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all proper pm"poses of this act, 
said corporation may dig up any such lands, and under 
the direction of the board of selectmen of the town in 
which any such ways are situated, may enter upon and ^'d'(j'i"'u''3 "p°° 
dig up any such ways in such manner as to cause the lands and ways. 
least hindrance to public travel therein. 

Section 3. The said corporation shall, within sixty To record in the 
days after the taking of any lands, rights of way, water dtedTad°escrip- 
rights, water sources or easements as aforesaid, otherwise [aTenf ''''* '''"'^ 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county of Dukes County a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the president of the corporation. 

Section 4. The said corporation shall pay all damages Assessment for 
sustained by any person or corporation in property by the '*™^^'^^' 
taking of any land, right of way, water, water source, 
water right or easement, or by any other thing done by 
said corporation under the authority of this act. Any 
person or corporation sustaining damages as aforesaid 
under this act, who fails to agree with said corporation 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on application at any time within the period of three years 
from the taking of such land or other property, or the 



120 



1890. — Chapter 151. 



Application for 
aBsessment not 
to be made until 
water is actually 
diverted. 



May regulate 
use of water, 
and fix and col- 
lect water rates. 



Real estate, 
capital stock 
and sliares. 



Bonds. 



Penalty for 
wilfully cor- 
rupting or di- 
verting water. 



doino- of any other injury under the authority of this act ; 
but no such application shall be made after the expira- 
tion of three years. No application for the assessment of 
damages shall be made for the taking of any water, water 
right or water source, or for any injury thereto, until 
the water is actually withdrawn or diverted l)y said cor- 
poration under the authority of this act. 

Section 5. The said corporation may distribute the 
w\ater through said town of Cottage City or any part 
thereof, and may regulate the use of said water and fix 
and collect water rates to be paid for the use of the same. 
And said town, or any individual or corporation, may 
make such contracts with said water company to supply 
water for the extinguishment of fires and for other pur- 
poses as may be agreed upon by said town, individual 
or corporation, and said Cottage City Water Company. 
And said water company may receive and hold an assign- 
ment of any contract already authorized and entered into 
by said town with any of the incorporators hereunder, for 
a supply of water for the extinguishment of fire and for 
other purposes, whereupon such contract shall be of full force 
and virtue, binding both the said town and water company. 

Section 6. The said corporation may for the pur- 
poses set forth in this act hold real estate not exceeding 
in amount tw^enty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hun- 
dred dollars each ; and said corporation may issue bonds 
bearing interest at a rate not exceeding six per centum 
per annum, and secure the same by a mortgage of its 
franchise and other property to an amount not exceed- 
ing its capital stock actually paid in and applied to the 
purposes of its incorporation. 

Section 7. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon being convicted of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment in the jail not 
exceeding one year. 



1890. — Chapter 151. 121 

Section 8. The said corporation may by vote from May determine 
time to time tix and determine what amount or f|uantity amoma of water 
of water it purposes to take and appropriate under tliis 'aken^upon'^'^ 
act ; in which case the damai^es for such taking; shall be Y*'''''" ^'^" 

' • -ii clamageBm 

based upon such amount or quantity until the same shall based. 
be increased by vote or otherwise, in M'hich event said 
corporation shall be further liable only for the additional 
damages caused by such additional taking. 

Section 9. The said town of Cottage City shall have Town maypur- 
the right at any time during the continuance of the charter and^property'f^ 
hereby granted to purchase the franchise, corporate prop- 
erty and all the rights and privileges of said corporation, 
at a price which may be mutually agreed upon between 
said corporation and said town ; and said corporation is 
authorized to make sale of the same to the said town. In 
case said corporation and said town are unable to agree, 
then the compensation to be paid shall be determined by 
three commissioners to be appointed by the supreme judi- 
cial court, upon application of either party and notice 
to the other ; and the award of the commissioners when 
accepted by said court shall be binding upon all parties. 
This authority to purchase said franchise and property is subject to assent 
granted on condition that the same is assented to l^y said vote. ^° 
town by a two-thirds vote of the voters present and voting 
thereon at a meeting called for that purpose. 

Section 10. The said town may, for the purposes of j^g^e'bond^, etc. 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggregate 
one hundred thousand dollars ; such bonds, notes or scrip 
shall bear on their face the words Cottage City Water ^ttagecity 
Loan ; shall be payal)le 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 l)y the 
treasurer of the town and 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 th6 purposes of. this act 
at not less than the par value thereof upon such terms and 
conditions as it may deem proper. The said town shall ftc.'"'"^ ^"°''' 
pay the interest upon said loan as it accrues, and shall 
provide for the payment of said principal at maturity, by 



122 



1890. — Chapter 151. 



Returns re- 
quired to state 
amount of 
sinkini; fund 
established. 



Water commis- 
sioners to be 
elected. 



To be trustees 
of sinking fund. 



Vacancies. 



establishing at the time of contracting said debt a sink- 
ing fund, or from year to year by such proportionate 
payments as will extinguish the same within the time 
prescribed by this act. In case said town shall decide 
to establish a sinking fund, it shall contribute thereto 
annually a sum sutBcient with its accumulation to pay 
the principal of said loan at maturity ; and said sinking 
fund shall remain inviolate and pledged to the payment 
of said debt and shall be used for no other purposes. If 
said town shall decide to pay the principal of said loan 
by instalments, such amounts as maj^ be necessary to 
make such payments shall without further vote of said 
town be raised annually by taxation in such manner as 
money is raised for other town expenses. 

Section 11. The returns required by section ninety- 
one of chapter eleven of the Public Statutes shall state 
the amount of any sinking fund established under this 
act ; and if no sinking fund is established, said returns 
shall state whatever action has been taken for the payment 
of the annual proportion of said bonded debt, as hei'ein- 
before provided, and the amount raised and expended 
therefor for the current year. 

Section 12. The said town shall, after its purchase 
of said franchise and corporate property as provided in 
this act, at a legal meeting called for the purpose, elect 
by ballot three persons to hold office, one until the ex- 
piration of three years, one until the expiration of two 
years and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a 
board of water commissioners ; and at each annual town 
meeting thereafter one such commissioner shall be elected 
by ballot for the term of three years. The authority 
granted to the said town by this act, and not otherwise 
specially provided for, shall be vested in said water com- 
missioners, who shall be subject however to such restric- 
tions, rules and regulations as said town may impose 
by its votes. The said commissioners shall be trustees 
of the sinking fund herein provided for, and a majority 
of said commissioners shall constitute a quorum for the 
transaction of business relative both to the water works 
and to the sinking fund. Any vacancy occurring in said 
board from any cause may be filled for the remainder of 
the unexpired term hy said town at any legal meeting 
called for the purpose. 



1890. — Chapters 152, 153. 123 

Section 13. Chapter two hundred and ninety-seven Repeal. 
of the acts of the year eighteen hundred and eighty-six is 
hereby repealed. 

Section 14. This act shall take effect upon its passage. 

Approved March 31, 1890. 



Cliap.\^'2 



An Act to authorize the edison electric illuminating com- 
pany OF new BEDFORD TO DISPOSE OF ITS PROPERTY AND 
FRANCHISES TO THE NEW BEDFORD GAS LIGHT COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Edison Electric Illuminatins; Com- May sen 

property, etc., 



pany of New Bedford is hereby authorized, upon a vote to the New 
of its stockholders at a meeting duly called for that pur- Efghttfomps 



any. 



pose, to sell, transfer and convey its property, rights, 
licenses, privileges and franchises to the New Bedford 
Gas Light Company, which is hereby authorized to pur- 
chase the same ; and upon such sale, transfer and con- 
veyance, the said property, rights, licenses, privileges 
and franchises shall be held and enjoyed by the New 
Bedford Gas Light Company in as full and ample a 
manner as the same are now held and enjoyed by the said 
Edison Electric Illuminating Company. 

Section 2. The said gas light company is hereby Gas ligMeom- 
authorized to increase its capital stock to an amount neces- cre"a^e"capi\°ai 
sary to effect said purchase, but not to exceed fifteen hun- ^^°°'^- 
dred shares of increase, and to issue the shares thereof 
in payment therefor. 

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

Approved April 1, 1890. 



Chaj).!^ 



An Act to incorporate the trustees of tabor academy in 

THE town of MARION. 

Be it enacted, etc., as follows: 

Section 1. Rufus P. Gardner of Marion, John L. Trustees of the 

' ^ r^ Tabor Academy 

Evans of Rochester, Matthew C. Julien and Samuel C. in the town of 
Bushnell of New Bedford, Frank L. Goodspeed of Hing- poTatTd'.'"'' 
ham, all of the Commonwealth of Massachusetts, Albert 
H. Heath of St. Paul in the State of Minnesota, and Frank 
H. Kasson of Kawawne in the State of Illinois, being the 
several persons appointed by the probate court in and for 
the county of Ph'mouth in Massachusetts, as the persons 
designated as trustees by article thirty-sixth of the will of 
Elizabeth Tabor, late of said Marion, deceased, and their 



124 



1890. — Chapter 153. 



Powers and 
duties. 



May hold 
estate be- 
queathed to 
trustees. 



Not to exceed 
$500,000. 



Trustees may 
convey estate 
standing in 
their names to 
the corporation. 



successors, elected or appointed in accordance with the 
terms of said article thirty-sixth, are hereby incorporated 
under the name of The Tabor Academy, for the purpose 
of conductino; and maiutainino; an institution of learuino; 
at Marion lower village in said Marion, in compliance with 
the provisions of the last will and testament of the said 
Elizabeth Tabor, with the codicil thereto annexed ; which 
will and codicil were duly proved and allowed by the 
said probate court on the twelfth day of November, 
eighteen hundred and eighty-eight, and on appeal, by 
the supreme judicial court sitting in and for said county 
of Pljanouth on the fifteenth day of May, eighteen hun- 
dred and eighty-nine. The said corporation shall have all 
the powers and privileges requisite for carrying into full 
effect the provisions of said will and codicil, so far as they 
appertain to said institution of learning, and to be subject 
to all the duties, restrictions and liabilities set forth 
therein, and in the general laws which now or hereafter 
may be in force in this Commonwealth and applicable to 
such corporations. 

Section 2. Said corporation is authorized to take and 
hold all and singular the estate, real and personal, devised 
and bequeathed to said trustees by said will, together with 
all accumulations of the same, and is also authorized to 
take and hold any other and further estate, real or per- 
sonal, which may be acquired by said corporation by 
purchase or otherwise for the same purposes : provided, 
hoicever, that the actual value of the real and personal 
estate so held by said corporation shall not exceed the 
sum of five hundred thousand dollars, all of which prop- 
erty and estate and the income of the same shall be held 
and appropriated exclusively for the purposes of education 
in connection with said institution of learning, in the 
manner and in accordance with all the provisions of the 
said will and codicil having reference thereto. 

Section 3. After the organization of the corporation 
created by this act, the trustees, holding for the time being 
the appointment of the probate court in and for the said 
county of Plymouth, are hereby authorized to convey 
the estate, real and personal, in their possession or stand- 
ing in their names, to the said corporation ; and in so far 
as the property and estate devised and bequeathed by said 
will shall not at the time of said conveyance have come 
into the possession of the said trustees, the executors of 



1890. — Chapter 154. 125 

said will are hereby authorized and direeted to pay ovci 
or eonvey to said eorporation any and all funds and pro})- 
erty of the said estate remaining in their hands, which hy 
the provisions of said will were devised and bequeathed 
to said trustees for the purposes aforesaid ; which pay- 
ment or conveyance shall be considered and held as in 
full satisfaction of all the devises and bequests of said will 
in that behalf. And on the allowance of the account of ^jfJI^^^f °^ 
the said trustees, showing the payment and conveyance 
to said corporation as aforesaid of all the property and 
estate in their hands and possession belonging to the said 
trust at the time of such payment and convej-ance, they 
shall be discharged by said probate court. 

Section 4. "The said corporators, as trustees, shall Jj'j^^^i'^tioa 
receive no compensation for their official administration asuuetete. 
of the trust, and shall have power to fill all vacancies in 
their numlier as provided in said will ; to make all proper 
by-laws both for their own government and the orderly 
transaction of their business ; to elect or appoint from 
time to time all such officers and agents as they shall judge 
necessary, even though trustees, and to determine the 
character and tenure and compensation of their offices ; 
and generally to do all acts necessary or proper to be 
done for the purpose of carrying into full etfect the pro- 
visions of this act. 

Section 5. Nothinir in this act shall be construed to jurisdiction of 

. • . 1 . • T ^ • *"<>>! • T • 1 i. the supreme 

mipair the jurisdiction ot the supreme judicial court over judicial court. 
the subject matter of the trust created by said will and 
codicil ; but said corporation shall, in the execution of the 
purposes for which it is created, be held to have the same 
powers and be subject to the same limitations in respect 
thereof as are applicable to said trustees by the provisions 
of said will and codicil. 

Section 6. This act shall take effect upon its passage. 

Ajjproved April 1, 1890. 

An Act to amend an act relating to pkactice in the superiok (J]icip,\o4: 

COURT. 

Be it enacted., etc. , as folloivs : 

Section one of chapter three hundred and four of the i884, 304, § i, 

n 1 .1 111 -I ' 1 J. r ' ameaded. 

acts of the year eighteen hundred and eighty-tour is 
hereby amended by adding at the end of said section the 
following words : — provided, also, that instead of post- 
poning a case, as herein provided, the parties to an action 



126 1890. — Chapter 155. 

may, by a writing filed with the clerk or orally in the 
presence of the clerk, agree that the action be passed ; 
and in such case the action shall be stricken from the list 
temporarily, and may be restored thereto on such day as 
the parties shall, by a writing filed with the clerk, agree, 
or b}^ either party on three days' notice in writing to the 
opposite party, — so that said section as amended shall 
read as follows: — Section 1. Whenever in an action 

Trial list. upon the trial list for any term of the superior court 

the parties thereto file an agreement in writing that such 
action shall be marked for trial not before a certain day 
in the same or the succeeding term, such action shall, if 
reached in its order upon said trial list before such day, 
be postponed thereto in accordance with such agreement, 
and shall be placed upon the list of actions in order for 
trial on such day next after the cases, if any, which have 

Provisos. been on the list for the preceding court day : provided, 

that if such action is in order for trial on the day on 
which such agreement is filed, it shall not, if reached 
on that day, be so postponed except by order of the 
court : provided^ also, that instead of postponing a case, 
as herein provided, the parties to an action may, by a 
writing filed with the clerk or orally in the presence of 
the clerk, agree that the action be passed ; and in such 
case the action shall be stricken from the list temporarily, 
aud may be restored thereto on such day as the parties 
shall, by a writing filed with the clerk, agree, or by either 
party on three days' notice in writing to the opposite 
party. Apj^roved April 1, 1890. 

ChCtT) 155 ^^ ^^^ "^^ AUTHORIZE THE TOWN OF NORTH ATTLEBOROUGH TO 

CHANGE ITS NAME. 

Be it enacted, etc. , as folloivs : 

May change its SECTION 1. The towu of North Attlcborough may 

take the name of Sumner, Warasutta, Stockton, Dunster, 

Redrock, Samoset or Burden. 

S^^n tb J° ''°'^ Section 2. If at a legal meeting of said town held 

matter. during thc month of April of the current year a majority 

of voters present shall vote to change the present name 

of said town, then a meeting of the voters of said town 

shall be held on the second Monday of May of the current 

year for the purpose of determining which of the said 

seven names shall be the name of said town. The voting 

shall be by ballot, the check list shall be used, and each 



1890. — CHArTER 156. 127 

voter nmy vote for one of said names only ; and any 
ballot having thereon any other name, or more than one 
of said names, shall not be counted. The polls shall be 
opened at nine o'clock in the forenoon of such day, and 
shall be kept open until two o'clock in the afternoon of 
such day, and as much longer as a majority of the voters 
present shall determine. 

Sectiox 3. If the result of the ballot shows that a if majority is 
majority of the ballots cast has not been in favor of any any onl'^name! 
one name, the polls shall be immediately re-opened and fobe'^rmml'cu* 
a second" ballot shall be taken, in the same manner as ^^^ly taken. 
provided in the second section hereof, upon the two names 
receivino; the largest number of votes in the first ballot. 
No other names shall be counted. If under this act it 
becomes necessary to take the second ballot, the polls 
shall be kept open until eight o'clock in the afternoon of 
such day, and as much longer as a majority of the voters 
present shall determine. 

Section 4. It shall be the duty of the selectmen of ^^ P'^™|l||yj°te 
said town to certify and return as soon as may be the the'second 
number of ballots in favor of each of said seven names 
under the first ballot, if only one ballot is necessary to 
be taken, or each of said two names if the second is taken, 
to the secretary of the Commonwealth, who shall there- 
upon immediately issue and publish his certificate declaring 
the name which shall be found to have the most ballots in 
its favor to have been adopted by said town, and the same 
shall thereupon become and be the name of said town. 

Section 5. This act shall take effect upon its passage. 

Approved April 1, 1S90. 



An Act making appropriations for expenses authorized the 
present year and for certain other expenses authorized 

BY LAW, 



Chap.1^6 



Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and to meet certain other expenses authorized ))y law, 
to wit : — 

For printing extra copies of the report of the commis- commiBsioners 

.iTf.1. 1 i T™On inland tinh- 

sioners on mland fisheries and game, a sum not exceeding eries and game. 



128 



1890. — Chapter 156. 



Reprinting 
documents de- 
stroyed by fire. 



Patrick 
Buckley. 



Records of 
parishes, etc. 



Estate of J. L. 
D. Bowerman. 



Sewer assess- 
meuts in 
Worcester. 



Controller of 
county ac- 
counts. 



Soldiers' home. 



Topographical 
survey. 



Samuel T. 

Crosby. 



Eye and ear 
infirmary. 



Foreign 
mortgage cor- 
porations. 



Small items of 
expenditure. 



fifty dollars, as authorized by chapter three of the resolves 
of the present year. 

For re-printing certain public documents destroyed by 
fire, a sura not exceeding ten thousand five hundred dollars, 
as authorized by chapter four of the resolves of the present 
year. 

For Patrick Buckley, the sum of one hundred and 
twenty-five dollars, as authorized by chapter five of the 
resolves of the present year. 

For printing extra copies of the report of the commis- 
sioner on public records of parishes, towns and counties, 
a sum not exceeding forty dollars, as authorized by chap- 
ter six of the resolves of the present year. 

For the administratrix of the estate of Joshua L. D. 
BoAverman, the sum of seven hundred and eighty-one 
dollars, as authorized by chapter seven of the resolves of 
the present year. 

For the payment of sewer assessments on property of 
the Commonwealth in the city of Worcester, the sum of 
six hundred and twenty-one dollars and forty-two cents, 
as authorized by chapter eight of the resolves of the 
present year. 

For printing extra copies of the second annual report 
of the controller of county accounts, a sum not exceeding 
one hundred and two dollars, as authorized by chapter 
thirteen of the resolves of the present year. 

For the trustees of the soldiers' home in Massachusetts, 
the sum of twenty-five thousand dollars, as authorized by 
chapter fourteen of the resolves of the present year. 

For printing extra copies of the report of the com- 
missioners on the topographical survey of Massachusetts, a 
sum not exceeding ten dollars, as authorized by chapter 
sixteen of the resolves of the present year. 

For Samuel T. Crosby, a sum not exceeding three 
hundred dollars, as authorized by chapter nineteen 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 of the resolves of the present year. 

For printing fifteen hundred copies of the report of the 
commissioner of foreign mortgage corporations, a sura 
not exceeding two hundred dollars. 

For small items of expenditure for which no appropria- 
tions have been made, or for which appropriations have 



1890. — Chapters 157, 158. 129 

been exhausted or reverted to the treasury in previous 
3'ears, a sum not exceeding one thousand dollars. 

For the salary and expenses of the fire marshal of the F'le marshal of 

Bo8ton 

city of Boston, the sum of ten thousand five hundred and 
seventy-six dollars and eighty-eight cents, as provided for 
in chapter three hundred and fifty-four of the acts of the 
year eighteen hundred and eighty-six, which amount is 
payable to the treasurer of the city of Boston. 

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

Apj^roved April 2, 1890. 

An Act making an appropriation for the extermination of (JTinjy 1 57 

THE insect known AS THE OCNERIA DISPAR OR GYPSY MOTH. ^ ' 

Be it enacted, etc., as follows : 

Sectiox 1 . A sum not exceeding twenty-five thousand ^?^es°termin°a° 
dollars is hereby appropriated to be paid out of the treas- *'?°g°^^^(fjjj 
ury of the Commonwealth, from the ordinary revenue, 
for the purpose of meeting expenses authorized by chap- 
ter ninety-five of the acts of the present year providing 
against depredations by the insect known as the ocneria 
dispar or gypsy moth. 

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

. Approved April 2, 1890. 

An Act to authorize the county commissioners of the (JJinj) 153 

COUNTY of BRISTOL TO CAUSE TO BE MADE COPIES OF CERTAIN 
RECORDS AND PLANS IN THE REGISTRY OF DEEDS FOR THE 
NORTHERN DISTRICT OF SAID COUNTY. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners of Bristol ^°^e^of°^^ 
county are hereby authorized and required to have made records.^etc, in 
under their direction, within three years from the passage deeds for the 
of this act, copies of all records and parts of records and u'ict, an'd to be 
plans recorded and deposited in the registry of deeds for relistry foV" "^^ 
the northern district of said county prior to the first day 4^^"^!^"° ^'^" 
of July, eighteen hundred and thirty-seven, relating to 
titles of land in the southern district of said county, and 
suitable indexes thereof, at an expense not exceeding ten 
thousand dollars ; and such copies and indexes so made 
shall be deposited in the registry of deeds for said southern 
district, to be there kept by the register of deeds of said 
district as other books of record are kept l)y him. 

Section 2. The persons employed to make such copies copyists to be 
shall be sworn to the faithful discharge of their duties ; '"^°'°' 



130 



1890. — Chapter 159. 



Examiners to 
certify copies. 



CompenBation. 



Copies from 
copies to be ad- 
mitted in evi- 
dence. 



and the county commissioners shall designate therefrom 
competent persons to be called examiners, any one of 
whom shall certify said copies made as aforesaid. The 
compensation of all of said persons shall be fixed by 
said commissioners and shall be paid out of the county 
treasury. 

Section 3. Copies from the copies made, certified 
and deposited, as herein before provided, shall, when 
duly certified by said register of deeds, be admitted in 
evidence in the same manner as other copies from said 
registry of deeds for said southern district are admitted. 

Section 4. This act shall take eflect upon its passage. 

Approved April 2, 1890. 



Chap 



Amendment to 
P. 8. 63, § 1. 



Surveyor-gen- 
eral of lumber. 



Amendment to 
P.S.63, §2. 



1 AJQ An Act relating to the survet and sale of lumber, 

ORNAMENTAL WOOD AND SUIP TIMBER. 

Be it enacted, etc., as folloios : 

Section 1. Section one of chapter sixty-three of the 
Public Statutes is hereby amended by striking out the 
word " and ", in the third line thereof; by inserting after 
the word " Somerville ", in the fourth line thereof, the 
words : — and Quincy, — and by inserting after the word 
"Brookline", in the fourth line thereof, the word : — and, 
— and by striking out the words "and Quincy", in the 
fourth and fifth lines, so that said section as amended shall 
read as follows : — Section 1 . There shall be a surveyor- 
general of lumber, appointed by the governor with the 
advice and consent of the council, for a district to consist 
of the county of Sufiblk, the cities of Cambridge, Somer- 
ville, and Quincy, and the towns of Medford, Brookline, 
and Watertown. The said surveyor-general shall reside 
in said district, shall keep an ofiice in Boston conveniently 
located and accessible to the public, shall be sworn, and 
shall give bond with sufiicient sureties to the treasurer 
of the Commonwealth in the sum of two thousand dollars 
for the fiiithful discharge of his duty, and, unless sooner 
removed, shall hold his office for three years and until a 
successor is appointed and qualified. 

Section 2. Section two of said chapter sixty-three 
is hereby amended by inserting after the word "of", in 
the third line, the words: — the counties within which 
the cities and towns comprising, — and after the word 
" district", the words : — are situated, — and by striking 
out the words " be a dealer in lumber of the kind he is 



] 890. — Chapter 159. 131 

appointed to survey, nor shall he ", in the eighth and 
ninth lines thereof, and by adding at the end of said 
section two the following : — The deputy-surveyors shall 
be governed by the provisions of this chapter, under the 
instructions of the surveyor-general, in determining the 
quality and quantity of all lumber surveyed by them ; 
ascertain the true contents of each piece of lumber, log 
or stick, and mark the same or its equivalent in a legible 
character thereon ; keep a true piece tally of the same in 
a plain and legible account, and make return thereof 
to the surveyor-general upon a form prescribed by him. 
Each deputy-surveyor shall keep on file for reference 
and examination all tallies made by him, for the period 
of one year from the date of making the same, — so that 
said section as amended shall read as follows : — Section 
2. He shall appoint a sufficient number of competent Deputy-sur- 
and discreet deputy-surveyors, removable at his pleasure, ^®y°''*- 
and for whom he shall be responsible ; they shall be 
citizens of the counties within which the cities and towns 
comprising said district are situated, and shall be sworn 
and give bond to him for the faithful discharge of their 
duties. He shall appoint one or more of them to survey 
oak and other wood commonly used in ship-building, and 
one or more to survey mahogany, cedar, and other orna- 
mental wood and lumber. No surveyor-general or deputy 
shall survey any lumber in which he has a pecuniary 
interest, directly or indirectly, nor for any person or 
persons by whom he is employed on a salary or for a 
per diem allowance. The deputy-surveyors shall be gov- 
erned by the provisions of this chapter, under the instruc- 
tions of the surveyor-general, in determining the quality 
and quantity of all lumber surveyed by them ; ascertain 
the true contents of each piece of lumber, log or stick, 
and mark the same or its equivalent in a legible character 
thereon ; keep a true piece tally of the same in a plain 
and legible account, and make return thereof to the 
surveyor-general upon a form prescribed by him. Each 
deputy-surveyor shall keep on file for reference and 
examination all tallies made by him, for the period of 
one year from the date of making the same. 

Sectiox 3. Section three of said chapter sixty-three Amendment to 
is hereby amended by striking out the words "he shall, ^-^-^^'S^- 
by himself or his deputies, survey and measure all lumber 
brought into the said district for sale, when a request 



132 



1890. — Chapter 159. 



Applications 
for surveys to 
be made to sur- 
veyor-general. 



Amendment to 
P. S.63, §4. 



Record to be 
kept. 



Amendment to 
P. S. 63, § 6. 



therefor is made by either the purchaser or the seller", 
and insert in the place thereof the followhig : — All lumber 
brought into said district for sale, a survey or measure- 
ment of which is required by either seller or purchaser, 
shall be surveyed or measured ]:)y him or his deputies, — 
so that said section as amended shall read as follows : — 
Section 3. All applications for surveys shall be made 
to the surveyor-general, and all surveys made by his 
deputies and the order of their services, in rotation or 
otherwise, shall be under his direction. All lumber 
brought into said district for sale, a survey or measure- 
ment of which is required b}^ either seller or purchaser," 
shall be surveyed or measured by him or his deputies ; and 
he shall enforce all the provisions of this chapter. 

Section 4. Section four of said chapter sixt\-three is 
amended by striking out the words "three months", in 
the third line, and inserting in place thereof the words : — 
each month, — and by adding thereto the following: — 
Grades of lumber recognized in trade and not defined 
in this chapter may, when application therefor is presented 
in writing to the surveyor-general, be established and 
defined by him, and the fees for the survey thereof shall 
be the same as those for surveying lumber of grades 
similar thereto, — so that said section as amended shall 
read as follows : — Section 4. He shall keep a record 
of all lumber surveyed by himself or his deputies and of 
the amount of fees received by each deputy, and as often 
as once in each month he shall be entitled to ten per cent, 
of such fees. Such record shall be at all times open to 
inspection by the members of the city councils and by the 
selectmen of the several cities and towns in said district. 
Grades of lumber recognized in trade and not defined in 
this chapter may, when application therefor is presented 
in writing to the surveyor-general, be established and 
defined by him, and the fees for the survey thereof shall 
be the same as those for surveying lumber of grades 
similar thereto. 

Section 5. Section five of said chapter sixty-three 
is hereby amended by striking out the word " October", 
in the first and second lines thereof, and inserting in place 
thereof the word: — January, — and by striking out the 
words " the amount and", in the third line, and by strik- 
ing out the word "qualities", in said third line, and 
inserting in place thereof the word: — quantities, — and 



1890. — Chapter 159. 133 

by striking out the word "thirtieth", in the fourth line 
thereof, and inserting in place thereof the words : — thiily- 
tirst, — so that said section as amended shall read as fol- 
lows : — Section 5. He shall annually on or before the Annual return 
fifteenth day of January make to the secretary of the of the common- 
Commonwealth a return, specifying the various kinds ^^''»"^J^- 
and quantities of lumber surveyed in said district during 
the year ending on the thirty-first day of the preceding 
month, the person by whom it was surveyed, and the 
amount of fees received by him and his deputies. 

Sectiox 6. Section sixteen of said chapter sixty-three Amendment to 
is hereby amended by striking out the last paragraph * • ^'^^" 
commencing with the words "If the surveyor-general", 
in the sixteenth line, and inserting in place thereof the 
following: — If the surveyor-general receives in fees in 
any year more than twenty-five hundred dollars and his 
necessary expenses for office rent, the heating and light- 
ing thereof, clerical assistance, telephone service, postage, 
stationery, and transportation in the discharge of his duties, 
he shall pay the excess over said sum and expenses into 
the treasury of the Commonwealth, — so that said section 
sixteen as amended shall read as follows : — Section 16, 
The fees for surveying and marking shall be paid by the Fees. 
purchaser, as follow^s : for white, southern, and Norway 
pine, spruce, hemlock, juniper, and white wood boards, 
planks, joists, sawed timber, and dimensions, thirty cents 
for every thousand feet, board measure ; for southern pine 
flooring boards, thirty-four cents for every thousand feet, 
board measure ; for all kinds of pine, spruce, hemlock, 
and juniper timber, tw^elve cents for every ton ; for oak 
and other hard wood, twenty-four cents for every ton ; 
for knees commonly used in ship-building, three cents for 
every knee; for ash, maple, and other hard wood, and 
for ornamental boards, planks, and joists, forty cents for 
every thousand feet, board measure ; for Cuba, Saint 
Domingo, and other branch or hard mahogany, one dollar 
for every thousand feet, board measure ; and for mahogany 
from the bay of Honduras and for cedar, seventy-five cents 
for every thousand feet, board measure. One-half of the 
fees paid by the purchaser as aforesaid shall be allowed 
and paid to him by the seller. If the surveyor-general 
receives in fees in any year more than twenty-five hundred 
dollars and his necessary expenses for office rent, the 
heating and lighting thereof, clerical assistance, telephone 



134 1890. — Chapter 160. 

service, postage, stationery, and transportation in the dis- 
charge of his duties, he shall pay the excess over said sum 
and expenses into the treasury of the Commonwealth. 
Penalty for per- SECTION 7. Scction nineteen of said chapter sixty-three 

forming duties . , '■ '' 

of surveyor is amended by strikmg out the words " presumes to per- 
authority. fomi ", in the first line thereof, and inserting in place 
thereof the word: — performs, — so that said section as 
amended shall read as follows : — Section 19. Whoever 
performs without authority any of the duties of a surveyor 
of lumber shall forfeit not less than fifty nor more than 
two hundred dollars. 

Section 8. This act shall take efiect upon its passage. 

Approved April 2, 1890. 

ChClvAQO ^^ ""^^^ RELATIVE TO THE OFFICES OF TAX COMMISSIONER AND 
COMMISSIONER OF CORPORATIONS AND TO ABOLISH THE OFFICE 
OF DEPUTY TAX COMMISSIONER. 

Be it enacted, etc., as follows: 
Taxcommis- SECTION 1. There shall be a tax commissioner ap- 

sioner to be ap- • -, t ^ -iji i • i j. 

pointed, who pointed by the governor, with the advice and consent 
commissioner of of the couHcil, wlio shall hold his office for three years 
corporations. f^.Qjj-j the date of his commission and until his successor 
is appointed and qualified, unless sooner removed by the 
governor. Any vacancy in said office, whether occurring 
by expiration of term or otherwise, shall be filled by the 
governor, with the advice and consent of the council. 
Salary. "j^i^q comiiiissiouer so appointed shall be commissioner of 

corporations, and his salary shall be thirty-five hundred 
dollars a year, and the same shall be in full compensation 
for the duties of both offices. 
upTnZ^ceasVto Section 2. Upou the appointment and qualification 
be tax com- of a tax commissiouer, as hereinbefore provided, the 
treasurer and receiver-general shall cease to be tax com- 
missioner ; and all the powers and duties by existing 
laws devolving upon and performed by said treasurer and 
receiver-general as tax commissioner shall thereafter 
devolve upon and be performed by the tax commissioner 
so appointed. 
Office of deputy Section 3. The officc of deputy tax commissioucr is 
Bioneraboi- hd'cby abolislicd, and the powders and duties b}'' existing 
laws devolving upon and performed by the deputy tax 
commissioner shall hereafter devolve upon and be per- 
formed by the tax commissioner : and all duties imposed 
by existing laws upon the commissioner of corporations 



1890. — CnAPTEES 161, 1G2. 135 

shall devolve upon ami be performed by the commissioner 
of corporations provided for l)y this act. 

Section 4. The taxes upon savino;s banks and institu- Taxes, etc., to 

,' J. ' J xu i. u • I- 1 J. z" 1 ^o assessed by 

tions lor savmgs, and other taxes which heretoiore have the tax com. 
been assessed by the treasurer and receiver-general, shall ""^^i°°^'"- 
hereafter be assessed by the tax commissioner ; and all 
taxes so assessed and determined shall be certified to the 
treasurer and receiver-general for collection, as in the case 
of other taxes assessed by the tax commissioner ; and all 
returns heretofore required to be made to the treasurer Returns to be 
and receiver-general relative to such taxes shall hereafter l^^mmissioner. 
be made to the tax commissioner. 

Section 5. All acts and parts of acts inconsistent Repeal. 
with the provisions of this act are hereby repealed ; but 
the repeal by this act of any provisions of law shall not 
afiect any act done, liability incurred, or any right accrued, 
or any suit or proceeding, civil or criminal, pending or to 
be instituted, to enforce any right or penalty under the 
authority of the repealed laws. 

Section 6. This act shall take effect upon its passage when to take 
as to the appointment of a tax commissioner, and shall 
take full effect upon such appointment and qualification. 

Approved April 2, 1890. 

An Act to authorize the town of Plymouth to raise money (JJiaii 161 

TO AID IN THE RECEPTION AND ENTERTAINMENT OF THE NATIONAL 
convention OF THE GRAND ARMY OF THE REPUBLIC IN AUGUST 
OF THE CURRENT YEAR. 

Be it enacted^ etc., as fotlows: 

Section 1. The town of Plymouth is authorized to May raise 

1 , ,. /. 1 T ji money for en- 

raise by taxation a sum oi money not exceeding one thou- tertainment of 
sand dollars, for the purpose of aiding in the reception o^flhJrepubifc!^ 
and entertainment of the national convention of the grand 
army of the republic on their proposed visit to Plymouth 
in August of the current year. 

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

Approved April 2, 1890. 

An Act to amend an act to supply the village of foxborough (JJi(x^),1Q2 

WITH PURE water. 

Be it enacted, etc., as follows : 

Section 1. The Foxborough Water Supply District, ^o^y^ibondf '^'' 
incorporated under chapter one hundred and ninety-six etc. 
of the acts of the year one thousand eight hundred and 



136 1890. — Chapter 163. 

seventy-nine, is hereby authorized to increase the amount 
of bonds, notes or scrip which may be issued under the 
provisions of section four of said act from fifty to seventy- 
five thousand dollars. 
Issue of bonds SECTION 2. No bonds shall be issued or liabilities 

to be authorized . , , "tij itt t • j • 

by a two-thirds mcurrcd undcr said chapter one hundred and nmety-six 
of the acts of the year one thousand eight hundred and 
seventy-nine, or under this act, unless first authorized by 
a vote of two-thirds of the legal voters of said district 
present and voting thereon at a legal meeting called for 
that purpose. 

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

Approved April 2, 1890. 



vote. 



Chap 



igQ An Act to authorize the consolidation of the lowell 

HORSE RAILROAD COMPANY AND THE LOWELL AND DRACUT STREET 
RAILAVAY COMPANY, AND TO CHANGE THE NAME OF THE FORMER 
CORPORATION. 

Be it enacted, etc. , as follows : 

of°?oad8^''°" Section 1. For the purpose of consolidation, the 
authorized. Lowcll Hoi'sc Railroad Company is hereby authorized 
to purchase and hold all the property, rights and fran- 
chises of the Lowell and Dracut Street Railway Company ; 
and the said Lowell and Dracut Street Railway Company 
may sell, convey and assign all its property, rights and 
franchises to the said Lowell Horse Railroad Company ; 
but such purchase and sale shall be only upon such terms 
and conditions as shall be agreed upon in the first instance 
by the directors, then ratified by stockholders represent- 
ing two- thirds of the entire stock of the corporations 
respectively, voting at meetings called for the purpose, 
and approved by the railroad commissioners. In case of 
such purchase and sale, the Lowell Horse Railroad Com- 
pany shall have, hold, possess, exercise and enjoy all the 
locations, grants, easements, powers, privileges, rights, 
franchise, property and estate which at the time of such 
purchase shall be had, held, possessed or enjoyed by the 
Lowell and Dracut Street Railway Company, and shall 
be subject to all the then existing duties, restrictions and 
liabilities of the Lowell and Dracut Street Railway Com- 
pany and to all general laws then or thereafter in force 
relating to street railway companies, except as provided 
in this act. 



1890. — Chapter 164. 137 

Section 2. When the said corporations shall have robe known as 
voted to consolidate, in the manner hereinbefore provided, slfburban" """^ 
and the terms and conditions of such consolidation shall lomMny '""'^ 
have been approved by the board of railroad commis- 
sioners, the name of the Lowell Horse Railroad Company 
shall be changed to the Lowell and Suburban Street 
Railway Company ; and the said corporation may, for the 
purpose of carrying out the authority hereby granted, 
increase its capital stock as provided by the laws of this 
Commonwealth to such an amount as the board of railroad 
commissioners may determine to be necessary or expedient 
to carry into effect the provisions of this act. And the 
said Lowell and Suburban Street Railway Company shall 
not be i)ermitted to charge any rate of fare exceeding five 
cents within the limits of the city of Lowell. 

Section 3. Nothing herein contained shall operate to Dnties, liawii- 
change, modify or annul any of the duties, liabilities or modmed'.°°*^ 
obligations of the Lowell Horse Railroad Company exist- 
ing at the time of such purchase : iwovided, liovever, that 
the board of aldermen of said city shall have whatever 
authority it now has to modify, amend or change any 
order or vote relating to said railroad company heretofore 
passed by the mayor and aldermen or the board of alder- 
men of said city. 

Section 4. This act shall take effect upon its passage. 

Approved April 2, 1890. 

An Act to amend an act to incorporate the protest ant C'},f,q-.'\f\A. 

EPISCOPAL SOCIETY OF CHRIST'S CHURCH, IN QUINCY. ^ * 

Be it enacted^ etc., as folloios: 

Section 1. At the annual meeting of the Protestant Pewhoiders, 
Episcopal Society of Christ's Church, in Quincy, to be Lembers^of the 
held on the seventh day of April, eighteen hundred and be'^enuued^to 
ninety, and which shall be held at eight o'clock in the vote at its meet- 
afternoon of said day, and thereafter, until otherwise 
determined by said society as hereinafter provided, any 
person who for a year prior to such or any meeting shall 
have owned or hired a pew in the church or place of 
worship belonging to said society shall be considered as 
a member of said society and as entitled to vote at the 
meetings thereof. 

Section 2. Until otherwise determined by said society, Meetings of the 
any meeting thereof other than the annual meeting may be *°"^ ^' 
called by a justice of the peace for the county of Norfolk, 



138 



1890. — Chapter 165. 



Society may 
make by-laws. 



Cliaj) 



Name changed 
to Roxbury 
Central Wharf. 



Substitute for 
1841, 66, § 2. 



Capital stock 
and shares. 



by his notice in writing, stating the time, place and object 
of sucli meeting, posted upon the front door of the church 
or place of worship belonging to said society, at least 
seven days before the time appointed for such meeting. 

Section 3. Said society is authorized to regulate and 
provide by suitable by-laws the qualifications and condi- 
tions for membership in said society, and for the limitation 
and termination thereof. 

Section 4. This act shall take effect upon its passage. 

Ax>2>roved April 2, 1890. 

.165 ^^ ^^'^ CHANGING THE NAME AND ENLARGING THE CORPORATE 
POWERS OF THE PROPRIETORS OF ROXBURY CENTRAL WHARF. 

Be it enacted, etc., asfoUoivs: 

Section 1. The name of the Proprietors of Eoxbury 
Central Wharf, a corporation established by chapter sixty- 
six of the acts of the year eighteen hundred and forty-one, 
is hereby changed to Roxbury Central Wharf; and said 
corporation may also hold for the term of thirty years, 
for the purposes in said chapter set forth, any flats, lands 
and marshes lying in Boston between the south bay, the 
Roxbury canal, Swett street and Dorchester avenue, to 
which it may acquire title by purchase or otherwise ; and 
said corporation shall be subject to the provisions of 
chapter nineteen of the Public Statutes and to all other 
statutes which now are or hereafter may be in force appli- 
cable to corporations organized under the provisions of 
chapters one hundred and five and one hundred and six 
of the Public Statutes. 

Section 2. The second section of said chapter sixty- 
six is hereby repealed and the following section is sub- 
stituted, to wit : — Section 2. The capital stock of said 
corporation shall be divided into shares of one hundred 
dollars each, and the shares of stock now outstanding 
may be surrendered and converted into such new shares ; 
and said corporation may also increase its capital stock 
by issuing such number of said shares as may be necessary 
to pay for lands or flats, within the limits aforesaid, con- 
veyed to it by the owners thereof at valuations approved 
by the commissioner of corporations, and also shares to 
an amount not exceeding one hundred thousand dollars to 
be paid for in cash at par. 

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

Approved April 2, 1890. 



1890. — Chapters 166, 167. 139 

Chap. 166 



An fACT RELATING TO FEES FOB DETENTION AND SUPPORT OF 
PRISONERS IN LOCK-UPS. 



Be it enacted, etc., as follows: 

Section 1. Section thirty-four of chapter twenty- Amendment to 
seven of the Public Statutes, relating to the powers and p-s-27, §34. 
fees of keepers of lock-ups, is hereby amended by adding 
at the end of said section the following words : — No fee 
for detention and support shall be taxed or allowed under 
this section unless it shall appear by the officer's return 
that the defendant Avas actually detained in the lock-up. 

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

Approved Apiril 2, 1890. 



An Act to authorize the city of lynn to make an additional 

WATER loan. 



Chap.Wl 



Be it enacted, etc., as follows : 

Section 1. The city of Lynn, for the purpose of better May make an 
utilizing its present sources of water supply and paying w'L'ter'ioali. 
expenses already incurred therefor and any expenses con- 
nected therewith, may raise from time to time a sum of 
money not exceeding one hundred and fifty thousand dol- 
lars ; and for this purpose may issue from time to time 
bonds, notes or scrip not exceeding said amount. Said 
notes, bonds or scrip shall bear on their f^ice the words 
City of Lynn Water Loan, Act of 1890 ; shall be payable city of Lynn 
at the expiration of periods not exceeding thirty years ^ct'of isTo!' 
from the date of issue ; shall bear interest payable semi- 
annually at a rate not exceeding six per centum per annum, 
and shall be signed by the mayor and treasurer of said city. 
The said city may sell such securities at public or private 
sale or pledge the same for money borrowed on account 
of expenses connected with its water supply, upon such 
terms and conditions as it deems proper ; provided, that 
such securities shall not be sold or pledged at less than 
the par value thereof. The said city shall at the time of ft'c^'to^beTstab- 
contracting said loan provide for the establishment of a iiBiied. 
sinking fund, and shall annually contribute a sum suffi- 
cient with the accumulations thereof to pay the principal 
of said loan at maturity. The said sinking fund shall To be pledged 
remain inviolate and pledged to the payment of said loan ioan?™^° 
and shall be used for no other purpose ; and the said city 



140 



1890. — Chapter 168. 



Payment of 
interest. 



shall raise annually by taxation a sura sufficient to pay 
the interest as it accrues on said bonds, notes and scrip. 
Section 2. This act shall take effect upon its passage. 

Approved April 4, 1890. 



Amendment to 
P. 8. 116, § 20. 



Investments, 
etc., by savings 
banks. 



Gh(ip.l.QS ^^ ^^'^ AUTHORIZING SAVINGS BANKS TO INVEST IN AND LOAN 
UPON THE STOCK OF SAFE DEPOSIT AND TRUST COMPANIES. 

Be it enacted, etc., as follows : 

Section 1 . Clause fourth of section twenty of chapter 
one hundred and sixteen of the Public Statutes is hereby 
amended so as to read as follows : — Fourth, In the stock 
of any bank incorporated under the laws of this Com- 
monwealth, or in the stock of any trust company, or safe 
deposit and trust company, incorporated under the laws 
of and doing business within this Commonwealth, as pro- 
vided for in chapter four hundred thirteen of the acts of 
the year eighteen hundred eighty-eight, or of those trust 
companies, or safe deposit and trust companies, incor- 
porated as such by special charters granted under the 
laws of and doing business within- this Commonwealth, 
whose special charters require them to provide the same 
security as prescribed in sections thirteen and fourteen of 
said chapter four hundred thirteen, or in the stock of any 
banking association located in the New England States, 
and incorporated under the authority of the United States, 
or on the notes of any citizen of this Commonwealth, with 
a pledge as collateral of any of the aforesaid securities at 
no more than eighty per cent, of the market value and not 
exceeding the par value thereof: provided, that such cor- 
poration shall not hold, both by way of investment and 
as security for loans, more than one-quarter of the capital 
stock of any one bank, banking association, trust com- 
pany, or safe deposit and trust company, herein described, 
nor invest nor hold as collateral security more than three 
per cent, of its deposits, nor more than one hundred 
thousand dollars, in the capital stock of any one such 
bank, association, trust company, or safe deposit and trust 
company. No savings bank or institution for savings shall 
invest or hold as collateral security more than thirty-five 
per cent, of its deposits in the stocks of banks, banking 
associations, trust companies, or safe deposit and trust 
companies, such as are described in this clause. Savings 
banks and institutions for savings shall not deposit more 



Proviso. 



Limit of invest- 
ments in banks, 
etc. 



1890. — Chapters 169, 170. 141 

than five per cent, of the amount of their deposits in Limit of de- 
any one bank, banking association, trust company, orc^."*'" *"''*' 
safe deposit and trust company, herein described, nor 
an amount exceeding twenty-live per cent, of the capital 
stock and sur[)lus of such bank, banking association, trust 
company, or safe deposit and trust company. 

Sectiox 2. Chapter two hundred twenty-four of the Repeal. 
acts of the year eighteen hundred eighty-two, chapter 
two hundred two of the acts of the year eighteen hundred 
eighty-three, chapter ninety-five of the acts of the year 
eighteen hundred eighty-six, and all the acts and parts of 
acts inconsistent with the provisions of said clause fourth, 
as above amended, are hereby repealed. 

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

Approved April 4, 1890. 

An Act to incorporate the lenox savings bank. Phnn ITQ 

Be it enacted., etc., as follows: 

Section 1. Eichard H. Walker, Henry Sedgwick, LenoxSavings 
Chester K. Bond, Murray A. Brown, William O. Curtis, po°ated°°°'' 
Julius A. Parsons, Henry A. Belden, James Cliflbrd, 
Patrick Duley, their associates and successors, are hereby 
made a corporation by the name of the Lenox Savings 
Bank ; with authority to establish and maintain a savings 
bank in the town of Lenox in the county of Berkshire, 
with all the powers and privileges and subject to all the 
duties, liabilities and restrictions set forth in all general 
laws which now are or may hereafter be in force relating 
to savings banks and institutions for savings. 

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

Approved Ap)ril 4, 1890. 



An Act to authorize the new Bedford orphans' home to 

HOLD additional REAL AND PERSONAL ESTATE. 



Cha2J.VJ0 



Be it enacted, etc., as follows: 

Section 1. The New Bedford Orphans' Home, author- May hold addi- 
ized by chapter two hundred and thirty-six of the acts perTonaUsufe. 
of the year one thousand eight hundred and seventy to 
hold for the purposes mentioned in chapter eight of the 
acts of the year one thousand eight hundred and forty- 
three real and personal estate to an amount not exceeding 
one hundred thousand dollars, is hereby authorized to hold 



142 1890. — Chapters 171, 172, 173. 

Proviso. additional real and personal estate for said purposes : pi'O- 

vided, that the whole amount so held shall not exceed two 
hundred thousand dollars. 

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

Approved April 4, 1890. 

(JJian.VlX -^^ -^^'^ AUTHORIZING THE CORPORATION KNOWN AS THE PRESI- 
DENT AND TRUSTEES OF WILLIAMS COLLEGE AND ITS STANDING 
COMMITTEES TO HOLD SPECIAL MEETINGS WITHOUT THE LIMITS 
OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 
May hold SECTION 1. The coi'Doration known as the President 

special meet- r» -. • • y^ 

ings without the and Trustccs of Williams College, and its standino; com- 

limits of the . o ' ^o 

Common- mlttccs, may hold special meetings without the limits of 

^'"''''- the Commonwealth. 

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

Approved April 8, 1890. 

ChCll).VI2i ^^ ^^"^ '^^ ENABLE THE CITY OF LOWELL TO ISSUE BONDS, NOTES 
OR SCRIP FOR THE PAYMENT OF ITS WATER INDEBTEDNESS. 

Be it enacted, etc. , as folloivs : 

b^nds^e'tc for SeCTION 1. The citj of Lowell, for the purpose of pay- 

refunding water ing and refunding its water indebtedness already incurred 
or authorized by said city, may from time to time issue 
bonds, notes or scrip, to an amount not exceeding one 
million dollars, payable in periods not exceeding thirty 
years from the date of issue and bearing interest at rates 
not exceeding four per centum per annum ; but the pro- 
visions 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 in all other 
respects apply to the issue of said bonds, notes or scrip, 
and to the establishment of a sinking fund for the pay- 
ment thereof at maturity. 

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

Approved April 8, 1890. 

ChciD.VI3 "^^ ^^"^ RELATIVE TO SIGNALS AT GRADE CROSSINGS. 

Be it enacted, etc., as folloivs: 
Amendment to Section 1. Scction ouc hundred and sixty-three of 
chapter one hundred and twelve of the Public Statutes 
is hereby amended by inserting after the word " or", in 
the fourth line, the words: — at least three separate and 



1890. — Chapter 174. 143 

distinct blasts of, — so that said section shall read as fol- 
lows : — Section 163. Every railroad corporation shall signals at grade 
cause a bell of at least thirty-five pounds in weight, and 
a steam-whistle, to be placed on each locomotive engine 
passing upon its road ; and such bell shall be rung or at 
least three separate and distinct blasts of such whistle 
sounded at the distance of at least eighty rocis from the * 
place where the road crosses, upon the same level, any 
highway, town way, or travelled place over wdiich a sign- 
board is required to be maintained as provided in the two 
following sections ; and such bell shall be rung or such 
whistle sounded continuously or alternately, until the 
engine has crossed such way or travelled place. 

Sectiox 2. Nothing contained in this act shall be power of com- 
construed to aflect the authority now vested in the 1^3^'^°°' 
board of railroad commissioners regarding signals at 
grade crossings. Approved April 8, 1890. 



Chap.174: 



An Act to incorporate the brant rock water company. 

Be it enacted, etc., as folloios: 

Section 1. Bradley S. Bryant, Frank T. Dwinell, wafer c°om- 
Edwin W. Brown, their associates and successors, are panyincor- 
hereby made a corporation by the name of the Brant ^°'^'' 
Eock Water Company, for the purpose of furnishing the 
inhabitants along the shore, within a distance of a mile 
back from the line of the shore, from the point where the 
southerly line of the land of Horace E. Baker and asso- 
ciates, near the Brant rock road causeway, intersects the 
line of high water upon Marshfield beach in the town of 
Marshfield, to New gap on Salthouse beach in the town of 
Duxbury, with water for domestic and other purposes, 
including the extinguishment of fires ; with all the power Powers and 
and privileges and subject to all the duties, restrictions '^""®''' 
and liabilities set forth in all general laws which now are 
or may hereafter be in force applicable to such cor- 
poration. 

Sectiox 2. The said corporation for the purposes iiay take and 
aforesaid may take, by purchase or otherwise, and hold ce°it ofeTeen^ ' 
and convey through the above described territory or any ^''"■^°'" "^'*^''- 
part thereof the w^ater, so far as may be necessary for 
such purposes, of any well or wells, spring or springs, 
stream or streams within said territory, except the wa- 
ters of Green harbor river ; and for said purposes may M^ay take reai 
take and hold by purchase or otherwise any real estate 



144 



1890. — Chapter 174. 



May erect dame 
buildings, etc. 



May construct 
and lay down 
conduits, etc. 



May dig up 
lands and ways 



May purchase 
aqueduct, etc. 



To cause to be 
recorded in the 
registry of 
deeds a de- 
scription of 
land, etc., 
taken. 



Corporation to 
pay damages 
sustained. 



AssesBment for 



within said territory necessary for holding and preserving 
such water and conveying the same to any part of said 
above described territory ; 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 efi'ective water works ; 
and may construct and lay down conduits, pipes and 
other works, under or over any lands, water-courses, 
railroads or public or private ways and along any such 
ways in such manner as not unnecessarily to obstruct the 
same ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, said corporation may 
dig up such lands and, under the direction of the board 
of selectmen of the town in which such ways are situated, 
may enter upon and dig up any such ways in such man- 
ner as to cause the least hindrance to public travel on 
such ways. 

Section 3. The said corporation may purchase from 
the owner of any aqueduct or water pipes now used in 
furnishing water to the inhabitants of said territory all 
the estate, property, rights and privileges of such owner, 
and by such purchase shall become subject to all the lia- 
bilities and duties to such owner appertaining. 

Section 4. The said corporation shall, within sixty 
days after the taking of any lands, rights of ways, water 
rights, water-sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the reg- 
istry of deeds for the county and district within which 
such lands or other property are situated a description 
thereof sufficiently accurate for identification, Avith a 
statement of the purpose for which the same were 
taken, signed by the president of the corporation. 

Section 5. The said corporation shall pay all dam- 
ages sustained by any person or corporation in property 
b}^ the taking of any land, right of way, water, water-source, 
water right or easement, or by an}^ other thing done by 
said corporation under the authority of this act. Any 
person or corporation sustaining damages as aforesaid 
under this act, M'ho fails to agree with said corporation as 
to the amount of damages sustained, may have the dam- 
ages assessed and determined in the manner provided by 



1890. — Chapter 174. 145 

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 inider the authority of this act ; 

hut no such application shall be made after the expiration 

of three years. No application for assessment of dam- Application for 

ages shall be made for the taking of any water, water ?rbrmadeun- 

right, or for any injury thereto, until the water is actu- fictuai'iy"^ ^* 

ally withdrawn or diverted by said corporation under the diverted. 

authority of this act. 

Sectiox 6. The said corporation ma}^ distribute water May distribute 
through said described territory, may regulate the use of fix a^d^coitect^ 
said water and fix and collect rates to be paid for the use '■'^'^^'"^ '''^''^^• 
of the same ; and may make such contracts with any indi- 
vidual or corporation to supply water for the extinguish- 
ment of fire or for other purposes as may be agreed upon 
by any individual or corporation, and said corporation. 

Section 7. The said corporation may for the pur- Real estate, 
poses set forth in this act hold real estate not exceed- and'sha^i'^s'!^ 
ing in amount two thousand dollars ; and the whole capital 
stock of said corporation shall not exceed five thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 8. Said corporation may issue bonds and May issue bonds 

cinci sGcurc bv 

secure the same by a mortgage of its franchise and other mortgage. 
property to an amount not exceeding its capital stock 
actually paid in and applied to the purposes of its incor- 
poration. 

Section 9. The said town of Marshfield or any fire Townor;fire 
district that is or may hereafter be legally organized purchas^fi^n. 
therein shall have the right at any time to take, by pur- ^iiise, etc. 
chase or otherwise, the franchise, corporate property and 
all the rights and privileges of said corporation on pay- 
ment to said corporation of the total cost of its franchise, 
works and property of any kind held under the provisions 
of this act, including in such cost interest on each expen- 
diture from its date to the date of taking, as hereinafter 
provided, at the rate of seven per centum per annum. 
In case said town or such fire district and said corpora- 
tion are unable to agree upon the amount of the total cost 
of the franchise, corporate property, rights and privileges 
of said corporation, then, upon a suit in equity by said 
town or such fire district, the supreme judicial court sliall 
ascertain and fix such total cost under the foregoing pro- 



146 



1890.— Chapters 175, 176. 



Subject to 
assent by a two 
thirds vote of 
the town or fire 
district. 



Penalty for 
polluting or 
diverting water, 



Work to be 
commenced 
within two 
years. 



visions of this act, and enforce the right of said town or 
such fire district to take possession of such franchise, cor- 
porate property, rights and privileges, upon payment of 
such cost to said corporation. This authority to take said 
franchise and property is granted on condition that the 
taking is assented to by said town or such fire district by 
a two-thirds vote of the voters of said town or such fire 
district present and voting thereon at a meeting legally 
called for that purpose. 

Section 10. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment not exceeding one 
year. 

Section 11. This act shall take efiect upon its passage, 
but shall become void unless work under said act is beffun 
within two years from the date of its passage. 

Approved April 8, 1890. 



Ch(ip.V75 ^'^ ^^'^ TO PROVIDE FOR THE RETURN OF COPIES OF RECORDS OF 
VOTES CAST FOR REPRESENTATIVES IN THE GENERAL COURT. 

Beit enacted, etc., as foUoios: 

u.°bJr°e^turned^ ^'^^J ^^^^ towu clcrks shall transmit to the secretary of 
*°.*}^? «S"'^'^''y the Commonwealth, within fifteen days after the day of an 

withm fifteen ij-r- ••ji i i 

days. election tor representatives in the general court, attested 

copies of the records of votes cast for all candidates for 
said office in each voting precinct or in each town not 
divided into voting precincts. Ap>2)roved April 8, 1890. 



ChCip.VIQ ^^ "^^"^ "^^ INCORPORATE THE CHAPPAQUIDDIC COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Lester W. Clark, Horace Bacon and 
Samuel Keniston, their associates and successors, are 
hereby made a corporation for the term of thirty years, 
by the name of the Chappaquiddic Company, for the pur- 
May purchase pose of leasing, purchasing, holding, improving and dis- 
etc. *^ ''° ' posing of land and land under water on the island of 



Chappaquiddic 
Company incor- 
porated. 



1890. — Chapter 177. 147 

Chappaquiddic in the town of Edgartown, with such per- 
sonal property as may be necessary and convenient for its 
corjwrate purposes, with authority to mortgage the same 
and borrow money thereon, provided that said corporation 
shall not hold, including land which they are hereinafter 
permitted to acquire on the island of Martha's Vineyard, 
over two hundred acres of land ; with all the powers and PoY^^rs and 

• M T !• iijiij- !••• 1 duties. 

privileges and subject to all the duties, limitations and 
restrictions conferred or imposed by general laws which 
now are or hereafter may be in force applicable to such 
corporations, including chapters fifty-five, one hundred and 
five and one hundred and six of the Public Statutes. 

Section 2. Said corporation shall have power to con- May construct 
struct a wharf or wharves on and from any of its laud on hote[s,' et"'.''' 
said Chappaquiddic, or elsewhere in said town of Edgar- 
town, into tide-water, and to establish and to build and 
to maintain one or more hotels and other buildings on its 
said land, and to establish and maintain and operate a ferry 
over and across the waters dividing said town of Edjiar- 
town ; with authority to purchase, hold and improve as 
much land on the island of Martha's Vineyard in said 
Edgartown as shall be necessary for the purposes of a 
landing place for said ferry. Said corporation shall, in 
respect to the construction of wharves and other struct- 
ures and works below high water mark, be subject to the 
provisions of chapter nineteen of the Public Statutes and 
of any other laws which now are or ma}^ hereafter be in 
force applicable thereto. 

Sectiox 3. The capital stock of said corporation shall Capuai stock 

1 , , ^ and snares. 

be twenty-five thousand dollars, divided into shares of fifty 
dollars each, and such corporation, subject to the pro- 
visions of law, may increase the said stock to an amount 
not exceeding fifty thousand dollars. Capital stock may 
be issued and paid in either in cash or property, the value 
of such property to be determined by the commissioner 
of corporations. 

Section 4. This act shall take effect upon its passage. 

Approved April 8, 1890. 

An Act to establish district courts in the county of barn- QJiap.VIl 

STABLE. 

Be it enacted, etc., as foUoivs: 

Section 1. The towns of Barnstable, Yarmouth, ^|,';^J^^'j«*^|^°'^ 
Sandwich, Bourne, Falmouth and Mashpee shall consti- stable. 



148 



1890. — Chapter 178. 



Second District 
Court of Barn- 
stable. 



tute a judicial district under the jurisdiction of a court to 
be called the First District Court of Barnstable. Said 
court shall be held in the town of Bourne on Saturday of 
each week, and at such other times as the justice thereof 
may by generf^l rule determine ; and shall also be held at 
all other times required by law or by such general rule, 
in the village of Barnstable in the town of Barnstable. 

Section 2. The towns of Provincetown, Truro, Well- 
fleet, Eastbam, Orleans, Brewster, Chatham, Harwich and 
Dennis shall constitute a judicial district under the juris- 
diction of a court to be called the Second District Court 
of Barnstable. Said court shall be held in the town of 
Harwich on Friday of each week, and at such other times 
as the justice thereof may by general rule determine ; and 
shall also be held at all other times required by law or by 
such general rule, in the town of Provincetown. 

Section 3. There shall be one justice and two special 
justices of each of said courts. The justice of each of said 
courts shall receive from the county of Barnstable an annual 
salary of one thousand dollars. All the provisions of law 
applicable to police and district courts shall be applicable 
to said courts. 

Section 4. The first session of each of said xjourts 

Monday of May, shall be held ou thc first Monday of May in the year one 

thousand eight hundred and ninety, but nothing in this 

act shall affect any suit or other proceedings begun prior 

to said first Monday in May. 

Section 5. This act shall take efiect upon its passage. 

Approved April 11, 1890. 



Salaries of jus- 
tices. 



First session of 
courts on first 



1890. 



Qlian.VTS ^^ "^^^ '^^ AMEND AN ACT IN RELATION TO THE MEMORIAL HOS- 
PITAL IN WORCESTER. 



Amendment fo 
1872, 179, § 1. 



Be it enacted, etc., as follotvs: 

Section 1. Section one of chapter one hundred and 
seventy-nine of the acts of the year eighteen hundred and 
seventy-two is hereby amended by striking out the word 
" four", in the eighth line, and inserting in the place 
thereof the word : — six, — so that said section shall read 
Trustees of tiie as follows : — Sectioii 1. The trustees of the Memorial 

Memorial Hos- __ . , • i i i i i 

pitai may accept Mospital may acccpt, receive, hold, conduct and manage 

queath'ed by all moucys and personal estate given and bequeathed by 

icbabod Wash- ^^^ j^g^ ^,-|i .^^^ tcstamcnt of the late Ichabod Washburn 

of Worcester, for founding and maintaining a memorial 

hospital in Worcester, and all other moneys and personal 



1890. — Chapters 179, 180. 149 

estate Avliich may hereafter be given or bequeathed to 
them for the purposes of said hospital, not exceeding six- 
hundred thousand dollars in the whole ; and may take and 
hold lands and real estate devised, by the said Washburn, 
or to be hereafter acquired by devise, grant, purchase or 
otherM'ise, for the uses and purposes of said hospital, of 
the value of one hundred thousand dollars. 

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

Approved April 11, 1890. 



Chaplin 



An Act to amend an act relating to puovideng means of 
communication betaveen certain rooms in manufacturing 
establishments. 

Be it enacted, etc., as folloivs: 

Section one of chapter one hundred and seventy-three Amendment to 
of the acts of the year eighteen hundred and eighty-six i^^^-i'^, §i. 
is hereby amended by inserting after the word "bells", 
in the fifth line, the words : — or appliances that may 
control the motive power, — so that said section shall 
read as follows: — Section 1. In every manufacturing communication 
establishment where the machinery used is propelled by in^manufacti^f 
steam, communication shall be provided between each ^fn^ts!'*''''^^' 
room where such machinery is placed and the room where 
the engineer is stationed, by means of speaking tubes, 
electric bells, or appliances that may control the motive 
power, or such other means as shall be satisfactory to the 
inspectors of factories : provided, that in the opinion of 
the inspectors such communication is necessary. 

Approved April 11, 1890. 

An Act to provide for the removal of prisoners from the njiftj^ 180 

STATE prison IN BOSTON TO THE STATE FARM IN BRIDGEWATER. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The commissioners of prisons, with the infirm prison- 
consent of the governor and council, are herel^y author- tH^vIdfrom 
ized to remove from the state prison in Boston to the [olhe^'srat'e^^^" 
state farm in Bridgewater, any aged or infirm prisoner who farm. 
can be safely kept at said state farm ; and said commis- 
sioners may return to the said state prison any prisoner 
so removed. 

Section 2. Any prisoner removed or returned in to be held until 
accordance with this act shall be held in the place of sente'^^ce"'^ ° 
imprisonment to which he is so removed or returned 



150 



1890. — Chapters 181, 182. 



Order of re- 
moval to be 
signed by the 
secretary of 
commissioners 
of prisons. 



until the expiration of his original sentence, unless sooner 
discharged. 

Section 3. Every order for the removal or return of 
a prisoner under this act shall be signed by the secretary 
of the commissioners of prisons, and may be executed by 
any officer authorized to serve criminal process. All mit- 
timuses, processes and other official papers, or attested 
copies thereof, by which a prisoner is held in custody 
shall be removed or returned with him. 

Section 4. This act shall take effect upon its passage. 

Approved April 11, 1890. 



Rights of em- 
ployees of 
street railway 
companies. 
1872, 244. 



Chap.lSl. ^^ ^^'^ AUTHORIZING EMPLOYEES OF STREET RAILWAY COMPA- 
, NIES TO UNITE AVITH SUCH COMPANIES IN ESTABLISHING RELIEF 
SOCIETIES. 

Be it enacted, etc., as folloics : 

Section 1. The employees of street railway companies 
shall have all the rights, powers and privileges granted to 
employees of railroad and steamboat corporations by the 
provisions of chapter two hundred and forty-four of the 
acts of the year eighteen hundred and eighty-two, and 
all the provisions of said chapter shall be applicable to 
relief societies established under this act and to the officers 
and agents thereof. 

Section 2. Street railway companies shall have all 
the rights, powers and privileges which were granted to 
railroad corporations by the provisions of chapter one hun- 
dred and twenty-five of the acts of the year eighteen 
hundred and eighty-six ; and the funds of any relief society 
established under this act shall be exempt from attachment 
and other legal process in the same manner and to the 
same extent as provided in said chapter. 

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

Approved April 11, 1890. 



Rights of street 
railway com- 
panies. 
1886, 125. 



(7^<?7?.182 ^'^ ^^^ '^^ INCORPORATE THE MILFORD AND HOPEDALE STREET 

RAILWAY COMPANY. 

Be it enacted, etc., as folloivs: 

Hopedlie°s''tree't Section 1. William F. Draper, Charles W. Shippee, 

Railway Com- Hcury B. Sprafifuc, Edward P. Usher, Frank W.- Morse 

porated. and J. Albert Walker, their associates and successors, 

are hereby made a corporation under the name of the 

Milford and Hopedale Street Eailway Company ; with all 



1890. — Chapter 182. 151 

the powers and privileges and subject to all the duties, 
liabilities and restrictions set forth in all general laws that 
DOW are or hereafter may l)e in force relating to street 
railway companies, except as hereinafter provided. 

Section 2. Said company is hereb}^ authorized to Maymaintaiu 
establish and maintain the electric system of motive power, tJm of mouvr 
so called, and, with the consent of the selectmen of the p°^^'- 
towns of Milford and Hopedale, to make such under- 
ground alteration of the streets, and erect such poles and 
wires, as may be necessary to establish and maintain said 
motive power ; except that said company shall not use a 
centre surface rail for the transmission of the electric 
current. 

Sectiox o. Said company is hereby authorized to con- May maintain 
struct, maintain and operate a street railway, whh. single fo'iTandHope- 
or double tracks and with convenient and suitable turn- *^"'^" , 
outs and switches, upon and over such streets and high- 
ways in the towns of Milford and Hopedale as shall be 
approved and agreed to l)y the selectmen of the respective 
towns '.provided, that the tracks of said company shall not 
cross at grade the tracks of any steam railroad company 
without the consent of the railroad commissioners. 

Section 4. The capital stock of said company shall anXahlree?'' 
not exceed sixty thousand dollars, except that said com- 
pany may increase its capital stock subject to all general 
laws applicable to such increase. 

Section 5. The rates of fare charged by said company Fare not to ex- 

11,. T^ , f -in i. ^ ceed five cents. 

shall not exceed nve cents tor any single tare. 

Section 6. Said company may, from time to time, by May issue bonds 
the vote of the majority in interest of its stockholders, mongage? ^^ 
issue coupon or registered bonds to an amount not exceed- 
ing the amount of its capital stock actually subscribed for 
and paid in, for a term not exceeding thirty years from 
the date thereof; and to secure payment thereof with 
interest thereon, the said company may make a mortgage 
of its road and franchise and any part of its other prop- 
erty, and may include in such mortgage property there- 
after to be acquired. Said company may in such mortgage 
reserve to its directors the right to sell or in due course 
of business otherwise dispose of property included in such 
mortgage w'hich may become worn, damaged or otherwise 
unsuitable to be used in the operation of its road : pro- 
vided, that an equivalent in value shall be substituted in 
lieu thereof. 



152 1890. — Chapters 183, 181. 

Spi^oUdand Section 7. All bonds issued shall first be approved 

certified. \yy gome persoD appointed by the corporation for that pur- 

pose, who shall certify upon each bond that it is properly 
issued and recorded. 

Section 8. This act shall take efiect upon its passage. 

Approved April 11, 1890. 

Ch(ip.\S3 ^^ ^^^ "^^ PROHIBIT THE EMPLOYMENT OF WOMEN AND MINORS 
IN MANUFACTURING ESTABLISHMENTS BETWEEN THE HOURS OF 
TEN O'CLOCK AT NIGHT AND SIX O'CLOCK IN THE MORNING. 

Be it enacted, etc., as follows: 

Srwomelfand SECTION 1. No Corporation or manufacturing estab- 

minors. lishmcnt in this Commonwealth shall employ any woman 

or minor in any capacity for the purpose of manufacturing, 

between the hours of ten o'clock at night and six o'clock in 

• the morumg, under the penalty of not less than twenty 

nor more than fifty dollars for each and every ofl^ence. 

juif^.Ysfr^ Section 2. This act shall take efiect on the first day 

of July in the year eighteen hundred and ninety-one. 

Approved April 11, 1890. 

ChClJ).\S4z -^^ •^^'^ "^^ CONFIRM THE PRESENT ORGANIZATION OF THE FIRST 

PARISH, WEST ROXBURY. 

Be it e7iacted, etc., as follows: 

west^RoxbAry, Section 1. The First Parish, West Eoxbury, is here- 
incorporated, by declared to be an incorporated parish, subject to so 
much of the provisions of chapter thirty-eight of the 
Public Statutes as applies to parishes, notwithstanding 
any lack of legal authority in the original organization of 
said parish. The acts and doings of said parish from and 
including the twenty-eighth day of November in the year 
one thousand seven hundred and thirty-three, to and in- 
cluding the fourteenth day of March in the year one thou- 
sand seven hundred and ninety-six, as shown upon the 
book of records of said parish, are hereby ratified and con- 
firmed. 
raUon°de°dlred Section 2. The prescut organization of said parish is 
legal and valid, hereby declared to be a valid and legal organization of said 
parish ; and the acts and doings of said parish from and 
including the fifteenth day of March in the year one thou- 
sand seven hundred and ninety-six, to and including the 
fourteenth day of March in the year one thousand eight 
hundred and eighty-three, a period the records of w^hich 



1890. — Chapter 184. 153 

are lost, and the acts and doings of said parish from and 
inchidiiiir the tiftoenth day of March in the 3^car one thou- 
sand eight hun(h-ed and eighty-three, to and including the 
fourth day of IMarch in the year one thousand eight hun- 
dred and ninety, as shown upon the book of records of 
said parish (except by-laws purporting to have been 
passed during said latter period, concerning which no 
provision is hereby made), precedent to and in the 
admission as members of said parish of the persons here- 
inafter named, who are all now acting as such members, 
and precedent to and in the election of the persons now Election of offi- 
acting as the officers of said parish, to wit: Clement W. <=«" ''"^fi'-med. 
Sparhawk, Charles W. Whittemore and Charles M. 
Seaver .as the standing committee, Henry Manley as the 
treasurer, Harold Ward as the collector and Edward C. 
Wade as the clerk of said parish, are hereby confirmed, 
notwithstanding any informality therein, and notwith- 
standing the loss of records of said parish. The persons 
hereinbefore referred to are as follows : Louis Arnold, ^^^r^^^*^* °^ 
Ethel Arnold, Jason S. Bailey, Laura A. Bailey, Sarah 
M. Baldwin, Elias T. Bowthorpe, Arthur W. BroAvn, 
Amy T. Brown, Lydia H. Buckminster, Curtis Clapp, 
Curtis Clapp, Jr., Martha L. Clapp, Walter H. Cowing, 
Samuel B. Dana, Frank A. Davidson, Marion J. David- 
son, Charles G. Davis, Annie H. Davis, AVilliam G. 
DeColigny, Ellen M. Dudley, Elmira S. Dudley, Linus 
Faunce, Wilhelmina H. Faunce, John A. Emmons, Wil- 
liam H. Gordon, Marshall Gordon, Annie L. Gordon, 
George K. Guild, Augustus M. Haskell, Lucy C. Hew- 
ins, Charles A. Hewins, Caroline L. Hewins, Frank A. 
He wins, Florence E. Hewins, Stalie Koopman, Louisa 
B. Lincoln, Alden W. Lovejoy, Francis C. Lord, Juliet 
T. Lord, Henry Manley, Susan E. Manley, William S. 
Mitchell, Charles A. Morse, Charles Morse, Alice M. 
Morse, Carrie L. Morse, Horatio Mann, Abbie L. Mann, 
A. J. Mitchell, Susan E. Morris, Daniel C. Murray, Ber- 
nice J. Noyes, Fannie C. Noyes, Charles W. C. Rhoades, 
Susan F. Rhoades, Susie L. Richardson, Maria W. Ross, 
Emma R. Ross, Charles M. Seaver, Clement W. Spar- 
hawk, Bertha M. Sparhawk, Alvin S. Shumway, Hales 
W. Suter, Harold Ward, Edward C. Wilder, Charles W. 
Whittemore, Lucy J. Whittemore, Charles W. Whitte- 
more, 2d, John A. Whittemore, Hattie E. Whittemore, 
Inez Whittemore, :Martha M. Whittemore, Cora West- 



154 



1890. — Chapter 185. 



To declare in 
writing ac- 
ceptance of 
membership. 



Doings of 
parisli in giving 
a mortgage rati- 
fied and con- 
firmed. 



Rights of pew 
owners not 
affected. 



Ckap.185 



1888, 250, § 1, 
amended. 



Boston and 
Maine Railroad 
maj' purchase 
franchises, etc., 
of the Eastern 



cott, Thomas A. Westcott, Marion Westcott, Annabel 
Wetherbee, Maria M. Whittemore, Richard H. Weld, 
Matilda M. Wilcox, Edward C. Wade, Catherine M. 
Walker, Honore Welch, Charles H. Tyler, Lucinda E. 
Tyler, Susan M. Seaver. Said persons or so many of 
them as shall within sixty days after the passage of this 
act signify in writing to the clerk of said parish their 
acceptance of membership therein, are lierel\y declared to 
be members of said parish, with all the rights of mem- 
bers of parishes under general laws. This act shall not 
affect the rig'ht of any person not herein named, who may 
now be a member of said parish. 

Section 3. The acts and doings of said First Parish, 
West Roxbury, precedent to and in the giving of. a mort- 
gage from said first parish to Otis Gay, dated the twelfth 
day of March in the year one thousand eight hundred and 
seventy-four, duly recorded with Suffolk deeds, are hereby 
ratified and confirmed, notwithstanding any informalities 
in said acts and doings, and notwithstanding the loss of 
records of said parish covering the time of the giving of 
said mortgage ; the proceeds of said mortgage having 
been received and applied to the use of said parish, and 
said mortgage having been acquiesced in since its date by 
said parish ; and the said mortgage is hereby declared to 
be a valid mortgage upon the real estate therein described 
as conveyed. 

Section 4. This act shall in no way affect or give the 
right to affect the interests or rights of pew owners in said 
society. 

Section 5. This act shall take effect upon its passage. 

Approved April 15, 1890. 

An Act to amend an act entitled an act to authorize the 

boston and MAINE RAILROAD TO PORCHASE THE FRANCHISES 
AND PROPERTY OF THE EASTERN RAILROAD COMPANY AND THE 
EASTERN RAILROAD IN NEW HAMPSHIRE AND THE PORTSMOUTH, 
GREAT FALLS AND CONWAY RAILROAD. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
fifty of the acts of the year one thousand eight hundred 
and eighty-eight is hereby amended so as to read as fol- 
lows : — Section 1. The Boston and ]Maine Railroad is 
hereby authorized to acquire by purchase the roads, fran- 
chises and property of the Eastern Railroad Company and 



1890. — Chapter 185. 155 

of the Portsmouth, Great Falls and Conway Railroad on Railroad com- 
siich terms as may be agreed to by the respective boards of r'onsmou"h, '''^ 
directors of said corporations and as shall be approved, con"vay"RaH"'* 
at meetings called for the purpose, by a majority in interest J^^^-gj,, c ^ 
of the stockholders of the purchasing corporation and by a 
majority in interest of the stockholders, other than said 
Boston and ^Nluine Railroad, of each of said selling corpora- 
tions : provided, however, that the approval of the agree- 
ment for the purchase of the road, franchises and property 
of said Eastern Railroad Company shall be given by the 
votes of a majority in interest of the holders of the pre- 
ferred stock of said company, and by the votes of a major- 
ity in interest of the holders of the common stock thereof, 
and not otherwise. For the purpose of making such pur- 
chases, and to enable it to carry into effect such agree- 
ments as may be made relating thereto, said Boston and 
Maine Railroad may increase its capital stock by an May increase 
amount not exceeding the aggregate of the capital stocks '^^^^ » ^ »<= . 
as now existing of said selling corporations, and may issue 
and dispose of said additional stock as required by said 
agreements, and may exchange the same or any part 
thereof for the stocks of the selling corporations or either 
of them or for any part thereof, and may make any por- 
tion of its capital stock, either as already existing or as 
increased under the authority of this act for the purpose 
of said purchases, preferred stock, entitled to such pref- 
erence as to rights and dividends as said agreements may 
prescribe. For the purpose of facilitating and effecting 
said purchases of the roads, franchises and property of 
said Eastern Railroad Company and of said Portsmouth, 
Great Falls and Conway Railroad, the said Boston and 
Maine Railroad may, after the making of said agreements, 
or either of them, purchase the shares of the capital stocks 
of said companies or either of them or any part thereof; 
and to pay for the same, may either sell the additional Jfo7J^"p^itf/" 
capital stock hereinbefore authorized, or any part thereof, stock. 
at public auction, in the manner provided by section tifty- 
nine of chapter one hundred and twelve of the Public 
Statutes ; or may issue and sell bonds to the requisite 
amount, as its directors at the time of any purchase may 
determine. 

Section 2. Every stockholder of either the purchas- stockholders 
ing or th'e selling corporation shall be deemed to assent assent, unless 
to any purchasing agreement authorized by section one of ing^fs^fiirdre'tc! 



156 1890. — Chapter 185. 

this act, unless, within thirty days from the approval of 
such purchasing agreement by a majority in interest of the 
stockholders of the purchasing and selling corporations, 
he shall file with the clerk of the purchasing corporation 
a writino; declaring his dissent therefrom, and statins: the 
number of shares held by him and the number of the 
certificate or certificates evidencing the same : provided, 
Proviso. hoicever, that as against any stockholder legally incapaci- 

tated from acting for himself and having no legal guardian, 
said period of thirty days shall not begin to run until the 
removal of such incapacity by the appointment of a legal 
guardian or otherwise. The shares of any stockholder 
dissenting as above specified shall be acquired by the pur- 
chasing' corporation, and shall be valued, and the value 
thereof be paid or tendered or deposited to or for account 
Petition to be of such stockholdcr in the manner following: — Within 
court^ithin^ thirty days from the filing of any stockholder's dissent as 
from^theflung abovc providcd, the purchasing corporation shall file its 
dissent^^^''^^'^^ petition with the supreme judicial court, sitting within 
and for the county of Sufiblk, setting forth the material 
facts and praying that the value of such dissenting stock- 
holder's shares may be determined. Thereupon, after 
such notice to all parties concerned as it may deem proper, 
said court shall pass an order requiring such dissenting 
stockholder's certificate of stock to be deposited with the 
clerk of said court, and shall appoint three commissioners 
to ascertain and report the value of such dissenting stock- 
holder's shares on the day of the approval of the purchas- 
ing agreement by the stockholders of the })urchasing and 
selling corporations. Said report shall be made to the 
court as soon as practicable, and, after due notice to the 
parties in interest, shall be accepted by the court, unless 
before such acceptance either of the parties to said pro- 
ceeding shall claim a jury, in Avhich case the court shall 
order the value of said shares to be tried and determined 
by a jury in the same manner as other civil cases are tried 
^ct,°wheVfc- ^^y ^^^^ court. The said commissioners' report, or such 
ceptedby tiie vcrdict, whcu acccptcd by the court, shall be final and 

court, to be . i i <> it- i i i i ? 

final. conclusive as to the value oi such dissenting stockholder s 

shares, and the amount so ascertained as such value shall 
be at once paid or tendered to such stockholder ; or, if 
such payment or tender be for any cause impracticable, 
shall be paid into court. Upon such payment or tender 
or deposit, the shares of such dissenting stockholder and 



1890. — Chapter 186. 157 

the certificate or certificates thereof shall become the prop- 
erty of the purchasing corporation, whose right and title 
thereto may be enforced by the court by any appropriate 
order or process. Exceptions may be taken to any ruling Exceptions. 
or order of said court, to be heard and determined by the 
full court as in other civil cases. And said court may court may 
make all such orders for the enforcement of the rights of "n'fo^cement'^of 
any party to the proceeding — for the consolidation of two "^'^^*' ®'°* 
or more petitions and their reference to the same com- 
missioners — for the consolidation of claims for a jury and 
the trial of two or more cases by the same jury — and for 
the payment of interest upon the value of a stockholder's 
share as determined, and the payments of costs by one 
party to the other — as justice and equity and the speedy 
settlement of the matters in controversy may require. 

Section 3. Said Boston and Maine Railroad may May increase 
increase its capital stock, after the purchase and in addi- '^^^^ ^ ^ oc . 
tion to the amount hereinbefore authorized, by an amount 
not exceeding five millions of dollars. The new stock 
hereby authorized shall be issued from time to time in 
accordance with the laws existing at the time of such 
issue, and the proceeds thereof shall be applied to pro- 
viding additional property and equipment for the railroad 
of said company ; to the improvement of said railroad, 
and of other property owned or leased by it ; to the con- 
struction of such additional railroad as it may be author- 
ized by law to construct ; and to the payment and reduction 
of its debts. 

Section 4. This act shall take effect upon its passage. 

Approved April 15, 1890. 



An Act to authorize the town of Winchester to raise money rjhfryy 186 

TO CELEBRATE THE TWO HUNDRED AND FIFTIETH ANNIVERSARY 
OF TEE FIRST WHITE SETTLEMENT WITHIN ITS TERRITORY. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Winchester is authorized to May raise 
raise by taxation a sum of money not exceeding one thou- "rati'lfg annl! ^' 
sand dollars, for the purpose of celebrating the two hun- '^ersary. 
dred and fiftieth anniversary of the first white settlement 
within itg territory. 

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

Approved April 17, 1890. 



158 



1890. — Chapters 187, 188. 



May make au 
additional 
water loan. 

1886, 325, § 5. 

1887, 316, § 2. 

1888, 236, § 1. 



GhCLT>A.Sl "^^ ^^"^ "^^ AUTHORIZE THE TOWN OF MARBLEHEAD TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead, for the purpose 
mentioned in section five of chapter three hundred and 
twenty-five of the acts of the year eighteen hundred and 
eighty-six as amended by section two of chapter three 
hundred and sixteen of the acts of the year eighteen 
hundred and eighty-seven and section one of chapter 
two hundred and thirty-six of the acts of the year 
eighteen hundred and eighty-eight, is hereby authorized 
to issue notes, bonds or scrip, to be denominated on 
the face thereof Marblehead 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 acts for 
the issue of the Marblehead water loan by said town : pro- 
vided, that the whole amount of such notes, bonds or scrip 
issued by said town, together with those heretofore issued 
by said town for the same purposes, shall not in any 
event exceed the amount of two hundred thousand 
dollars. 

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

Approved April 17, 1890. 



Whole amount 
not to exceed 
$200,000. 



Maiden Sewer- 
age Loan. 
1889, 439. 



CAtt79.188 ^"^ -^<^T TO PROVIDE FOR THE BUILDING, MAINTENANCE AND OPER- 
ATION OF A SYSTEM OF SEWAGE DISPOSAL FOR THE CITY OF 
MALDEN. 

Be it enacted, etc. , as follows : 

Section 1. The city of Maiden, for the purpose of 
constructing and maintaining main drains and common 
sewers for a part or the whole of its territory, and such 
other works as may be required for a system of sewage 
disposal for said cit}^ to be constructed, maintained and 
operated in connection with the main sewers and other 
works required to be constructed, maintained and oper- 
ated as provided by chapter four hundred and thirty-nine 
of the acts of the year eighteen hundred and eighty-nine, 
for a system of sewage disposal for said city and for the 
purpose of extending the same from time to time as may 



1800. — Chapter 188. 159 

be deemed necessary, may issue scrip or bonds to be 

denominated on the face thereof Maiden Sewerage Loan, 

to an amount not exceeding two hundred and fifty thou- Not to exceed 

sand doUars, bearing interest not exceeding five 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. 

The city council may sell the same or any part thereof 

from time to time, or pledge the same for money bor- Not to be soid 

rowed for the above purposes, but the same shall not be ilfs8 than^pa**^ 

sold or pledged for less than the par value thereof. '^^'"®" 

Section 2. The city council may provide by ordinance Entrance to 
that owners of estates on which there are buildings situated from est'ateB on 
upon any street or way through which a main drain or ^^'"'^^'' ®'°" 
common sewer has been constructed shall construct and 
maintain such drains through their premises as may be 
necessary to conduct the sewage from said estates, and 
shall enter said drains into said main drain or common 
sewer, provided the grade or level of said estates is such 
that said sewage can be drained into such drain or sewer. 

Sections. The city council may by ordinance estab- ;^"nuai rates to 
lish annual rates to be paid by the owners or occupants oi owners of 

,, .. .1 ii'i • 1 • estates may be 

estates upon any street or way through which a mam dram established by 
or common sewer has been constructed, provided the grade °''^'°^°'='^- 
or level of said estates is such that the sewage from said 
estates can be drained into such drain or sewer ; and may 
change the same from time to time. Unimproved estates 
may be excepted, either while unimproved or for a term 
of years, or such discrimination may be made for the 
relief of said estates in fixing the amount of said annual 
rates as may be deemed equitable. The city council by 
ordinance shall fix the suras which such owners may pay 
in lieu of said annual rates, and said sums shall, upon the 
written request of any of said owners, be apportioned in 
three equal parts ; and one of said parts with interest 
thereon from the date of said apportionment shall be paid 
in each of the three years next ensuing. Said annual 
rates and said sums to be paid in lieu thereof shall consti- 
tute a lien upon said estates, and may be collected in the 
same manner as taxes upon real estate or by an action of 
contract in the name of the city. Said lien shall con- 
tinue for two 3^ears after said rates or sums to be paid in 
lieu thereof have been committed to the collector for col- 
lection, and when said sums are to be paid in instalments 



160 



1890. — Chapter 188. 



Disposition of 
rates and pay- 
ments. 



Sinking fund. 



Sinking fund to 
remain sacred 
and inviolate. 



Inspection of 
drains. 



Sewage dia- 



Powers to be 
executed by 
street commis- 
sioners. 



shall continue for two years after the hist instalment has 
been committed to the collector for collection. 

Section 4. The receipts from said annual rates and 
payments made in lieu thereof, after deducting expenses, 
shall he applied first to the payment of the interest upon 
the scrip or bonds issued under the authority of this act 
not otherwise provided for ; and the balance shall be set 
apart to meet the requirements of the sinking fund 
for the payment and redemption of said scrip or bonds 
as provided by section nine of chapter twenty-nine of 
the Public Statutes. If said receipts shall be insufficient 
to pay the interest on said scrip or bonds and to meet the 
requirements of the sinking fund, as provided by said sec- 
tion nine, the deficiency shall be raised annually by taxa- 
tion. If in any year there shall be an excess of the sum 
necessary to pay said interest and to meet the require- 
ments of the sinking fund for said year, the surplus may 
be applied towards the payment of the sums which 
the city is required to pay by the provisions of chapter 
four hundred and thirty-nine of the acts of the year 
eighteen hundred and eighty-nine. Said sinking fund 
shall remain sacred and inviolate and pledged to the pay- 
ment and redemption of said scrip or bonds and shall be 
used for no other purpose. The provisions of sections 
ten and eleven of said chapter twenty-nine of the Public 
Statutes shall so far as applicable apply to said sinking 
fund. 

Section 5. The city council may by ordinance pre- 
scribe rules and regulations for the inspection, materials, 
construction, alteration or use of all drains entering into 
said main drains or common sewers, and may impose 
penalties not exceeding twenty dollars for each violation 
thereof and for each violation of any ordinance estab- 
lished under the authority conferred by this act. 

Section 6. The rights, powers and authority to con- 
struct and maintain main drains and common sewers, and 
to operate such other works as may be required for a sys- 
tem of sewage disposal for the city of Maiden, and to 
assess the annual rates and sums to be paid in lieu 
thereof, now vested by law in the city council or mayor 
and aldermen or conferred by this act upon the city 
council, shall be exercised by the board of street com- 
missioners. Said board shall not incur any expenditures 
in laying out or constructing drains, sewers or other 



1890.— Chapter 189. IGl 

works for sewage disposal without a previous appropria- 
tion by the city council ; and in the assessment of annual 
rates or sums to he paid in lieu thereof, and in all mat- 
ters pertaining to its powers and duties, shall he sub- 
ject to such rules and regulations as the city council may 
by ordinance from time to time establish. 

Section 7. The provisions of section four of chapter Provisions of 
twenty-nine of the Public Statutes as amended by chap- isso.s'i^^notto 
ter three hundred and twelve of the acts of the year "^'p'^" 
eighteen hundred and eighty-five shall not apply to any 
debt created under the authority , conferred by this act. 

Sfjction 8. This act shall take effect upon its passage. 

Approved April 18, 1890. 

An Act to incorporate the city of chicopee. 0/iftZ>.189 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Chicopee cityofchicopee 
shall, in case of the acceptance of this act by the voters '°*'"'i'"'"^''- 
of said town as hereinafter provided, continue to be a 
body politic and corporate under the name of the city of 
Chicopee, 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 per- 
taining to and incumbent upon the said town as a munici- 
pal corporation. 

Section 2. The administration of all the fiscal, pru- Government 

, . , , . . , ,,, . ,. . , .^ -ii ^1 vested in the 

dential and municipal athiirs ot said city, with the gov- mayor, the 
erntnent thereof, shall be vested in one otficer to be called mT„'l,uitht'' 
the mayor, one council to be called the board of aldermen, coundT.' 
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 Sciiooi com 
public schools of said city, and of the buildings and "^' 
projierty pertaining thereto, shall be vested in dc school 
committee. 

Section 3. The territory of said city shall be divided s^venwards. 
into seven wards, as hereinafter provided. 

Section 4. The municipal election shall take place Kipctiou on nrst 

11 1/^ m i/>T-w 1 Til • i uesdiiy ol 

annually on the first iuesday ot December, and the munic- December. 
ipal year shall begin on the first Monday of January 
following. All meetings of the citizens for municipal pur- 
poses shall l)e called by warrants issued by order of the 
mayor and aldermen, which shall be in such form and be 



162 



1890. — Chapter 189. 



Otficera to be 
chosen at the 
municipal elec- 
tion. 



Vacancies. 



Election of na- 
tional, state, 
county and dis- 
trict officers. 



Ward rooms for 
holding meet- 
ings. 



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, city clerk, city treasurer and 
school committee in accordance with the provisions of 
this act and the laws of this Commonwealth. Any person 
receiving the highest number of votes for any office shall 
be deemed and declared to be elected to such oflSce ; and 
whenever two or more persons are to be elected to the 
same office, the several persons, to the number required, 
to be chosen, receiving the highest number of votes shall 
be deemed and declared to be elected. 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, city clerk or city treasurer, or if the person elected 
mayor, city clerk or city treasurer shall refuse to accept 
the office, or shall die before qualifying, or if a vacancy 
in any of said offices 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, city clerk and city treasurer, and shall be repeated 
until the election of mayor, city clerk or city treasurer 
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 shall 
declare a vacancy or vacancies to exist ; and thereupon the 
board of aldermen shall cause a new election to be held 
to fill the same. The person thus elected to fill a vacancy 
shall hold the office for the remainder of the term. The 
office of city clerk and city treasurer may be held and 
filled by the same person. 

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 con- 
venient 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 



1890. — Chapter 189. 103 

iissigncd shall be deemed and taken to be a part of the 
ward in which the election is held. 

Section 8. General meetings of the citizens qualified [ngrjf'liTizens 
to vote may from time to time be held according to the maybehei^i. 
rights secured to the people by the constitution of this 
Commonwealth ; and such meetings may, and upon request 
in writing of iifty qualified voters setting forth the purposes 
thereof shall, be duly called by the mayor and board of 
aldermen. 

Section 9. The mayor, city clerk and city treasurer Mayor, city 
shall be elected by the qualified voters of the entire city, ureitohoki^' 
and shall hold office for the municipal year beginning with ccssoi^ire'iecicd 
the first IMonday of January next succeeding the election ^"''^"''I'ifie'i- 
and until their successors are elected and qualified. The Mayortobe 
ma3'or shall be the chief executive officer of the city, and otilcer!^'^'^"^'^^ 
it shall be his duty to he active and vigilant in causing 
the laws, ordinances and regulations of the city to be 
enforced, and to keep a general su])ervision over the con- 
duct of all subordinate officers. He shall have the power 
of veto provided by general law. He may suspend any May suspend 
officer, and may suspend any work or payment, whether work."''' 
on contract or otherwise, for a period not exceeding seven 
days ; but in such case he shall report his action with 
his reasons therefor to the city council, which sha-ll take 
immediate action thereon. He may call special meetings 
of the city council or of either branch thereof, when in 
his opinion the interests of the city require it, by causing 
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 comnmnicate to the city council or 
either branch thereof such information and recommend such 
measures as the business of the city may in his opinion 
require. He shall, when present, preside 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 eight hundred dollars per saiary. 
annum, 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 ap- 

n .• • , • t' .^ ^ i/'ii 'A point, subject to 

counrmation or rejection ot the board ot aldermen, a city confirmation, 
marshal or chief of police, and such number of other police ami'consta'bTs. 
officers and constables as the city council shall determine. 
The chief of police shall be appointed annually, but all 
other police officers shall hold during good behavior and 



1G4 



1890. — Chapter 189. 



Chief of police 
or constable 
may be required 
to give bond. 



Vacancy in 
office of mayor. 



One akicrman 
and two couu- 
cilmen to be 
elected by and 
from the voters 
of each ward. 



To receive no 
compensation. 

Quorum. 



Meeting for or- 
ganization on 
the first Monday 
in January. 



until removed bj'' the mayor with the concurrence of the 
l)oard of aldermen, after hearing, for cause in their opinion 
sufficient. The hoard of aldermen may require any person 
who ma}' be appointed a chief of police or constable to 
give a bond, with such security and to such an amount as 
they may deem reasonable and proper, for the faithful dis- 
charge of the duties of the office ;' upon which bonds like 
proceedings and remedies may be had as by law provided 
in case of constables bonds taken by the selectmen of 
towns. The compensation of the police and other subor- 
dinate officers shall be iixed by concurrent vote of the cit}^ 
council, 

Si-xxrox 11. Whenever there shall be a vacancy in the 
office of mayor, or whenever by reason of sickness, absence 
from the city or other cause the mayor shall be disabled 
from attending to the duties of his office, the president of 
the l)oard of aldermen shall act as mayor, and possess all 
the rights and powers of mayor during such vacancy or 
disal)ility. 

Sectiox 12. One alderman shall be elected by and 
from the qualitied voters of each ward ; two common coun- 
cilmen shall be elected l)y and from the qualitied 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 which he is chosen, 
but a removal sulisequently to another ward of said city 
i-hall not disqualify any such officer from discharging the 
duties of his office. The aldermen and common council- 
men 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 board 
shall l)e elected and qualitied. They shall be sworn to the 
faithful discharge of their duties, and the}'^ shall receive no 
compensation for their services. A majority of each board 
shall constitute a quorum for the transaction of business. 

Sectiox 13. On the lirst ]Monday of January of each 
year, at ten o'clock in the forenoon, the ma^or elect, alder- 
men elect and common councilmen elect shall meet in joint 
convention, when they shall be sworn to the faithful dis- 
charge 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 l)oard of 
aldermen and of the common council by their respective 



1890. — Chapter 189. 165 

clerks. After the oath has been administered as aforesaid 
the two boards f>hall separate. The common council shall <)rgnnization of 
be orpinized by the choice of one of its own members as council. 
president and also I)y the choice of a clerk not one of its 
own members, to hold office respectively durinc; the mu- 
nicipal year. The clerk shall be sw^orn to the faithful dis- 
charge of his duties, and his compensation shall be fixed 
by concurrent vote of the citv council. The board of ^'■e|'"'^a'>o» of 

11 1 11 1 • i 1 • 1 1 the board of 

aldermen shall choose a president, who, in the absence aidermeu. 
of the mayor, shall preside at the meetings of the board 
of aldermen and of the two councils in joint convention. 
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 proceed to busi- 
ness in the same manner as if the mayor were present, and 
the oath of office may at any time thereafter be admin- 
istered to the mayor and to any member of the city council 
who has been previously absent or has been subsequently 
elected ; and every oath shall be duly certified as aforesaid. 
Each board shall keep a record of its proceedings, and be Record of pio- 
the judofe of the election of its own members. '^^'^ '"^*' 

iSECTiox 14. The city clerk shall have charge of all Styderk!''' 
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 
indexes, 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 tem[)orary absence of the city 
clerk the mayor, with the consent of the aldermen, may 
appoint a clerk pro tempore who shall be duly qualified. 

Sectiox 15. The executive power of said city gener- Esecuth-e 
ally, with all the powers heretofore vested !)y special f„"n)ayor ami 
statute in the selectmen of the town of Chicopee and in ^''^p™''"- 
the officers of the Chicopee central fire district and 
Chicopee Falls fire district, and in the selectmen of towns 
generally by the law's of the Commonwealth, shall be 
vested in and exercised by the mayor and aldermen as fully 



16G 



1890. — Chaptee 189. 



City council to 
make aunuiil 
iippiopiialious. 



To have care 
and supeiiu- 
teiidence of city 
biiildiugg, etc. 



Erection of 
scbool-houses. 



Management of 
public grounds 
and cemetery. 



War relief fund. 



Kominntions to 
be made by 
mayor, subject 
totontirmation 
by the board of 
aldermen. 



as if the same were herein specially enumerated, except as 
herein otherwise provided. 

Section 1(). The city council shall appropriate annu- 
ally the amount necessary to meet the expenditures of the 
city for the current municipal year ; and no further appro- 
priations shall thereafter be made except by a vote of two- 
thirds of each ])oard 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 i)ersons entrusted with the receipt, 
custody or disl)ursement 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 expen- 
ditures of said city and a schedule of all city property and 
of the city del)t. It shall have the care and superintend- 
ence of the city luiildings and the custody, management 
and disposal of all city property except that of the public 
schools as hereinbefore provided. The city council shall 
not authorize the erection of a school-house or any addition 
thereto nor pass any appropriation for such purpose until 
plans of the same have been approved by vote of the school 
committee, and such approval has been certified in writing 
to the council l)y the chairman of said committee. It 
shall also have the sole care, superintendence and manage- 
ment of the public grounds and cemetery belonging to said 
city, and of all the shade and ornamental trees standing 
and growing thereon, and also of all the shade and orna- 
mental trees standing and growing in or upon any of the 
public streets and highways of said city. 

Section 17. The war relief fund now held by the 
town of Chicopee shall be held, controlled and adminis- 
tered by the city council of the city of Chicopee, subject 
to the same conditions and limitations that now exist. 

Section 18. 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, 
which nomination shall l)e subject however to confirma- 
tion 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 rejec- 
tion. No person shall be eligible by appointment or 
election by the mayor aud aldermen, or city council, to 
any office of emolument the salary of which is pa^'able 



1890. — Chapter 189. 1G7 

out of the city treasury, who during the year of such elec- 
tion or appointment shall be a member of the city council. 
All sittings of the mayor and aldermen, 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 19. The city council shall have power within city council 
said city to make and establish ordinances and by-laws, "Snaiices.'eu'., 
and to aHix thereto penalties as herein and by general law aitiesP'^ ^"'" 
provided, without the sanction of any court or justice 
thereof: j))'Ovided, hoicever, that all the laws and regula- rroviso. 
tions now in force in the town of Chicopee and in the fire 
'districts in the town of Chicopee shall, until they shall 
expire by their own limitations or be revised or repealed 
b}^ the city council, remain in force ; all fines and for- 
feitures for the breach of any 1)y-law or ordinance shall 
be paid into the city treasury. Complaint for the breach 
of any ordinance or by-law may be made by the mayor 
or any head of a department or by any resident of the 
city. 

Section 20. The city council shall have sole authority cuycouucii 
and power to order the laying out, locating anew, or dis- "reetsfways, 
continuing of, or making specific repairs in, all streets ^'''' 
and ways and all highways within the limits of said city, 
and to assess the damage sustained thereby ; but all ques- 
tions relating to the subject of laying out, altering, repair- 
ing or discontinuing any street, way or highway shall first 
be acted upon by the mayor and aldermen. Any person 
aggrieved by any proceedings of the city council under 
this provision shall have all the rights and privileges now 
allowed by law in the appeals from the decisions of select- 
men or road commissioners of towns. 

Section 21. Neither the mayor, members of the city PurchaBeof 
council, members of city boards or any ofiicer of the city 
shall directly or indirectly contract with or purchase from 
himself or any firm with which he is connected supplies, 
materials or labor on account of or for the use, of the city. 

Section 22. The city council shall annually, as soon Election of coi- 
after their organization as may be convenient, elect by physician, city 
concurrent vote a collector of taxes, and in like manner soicuor, ec. 
may elect a city physician, a city solicitor and city auditor, 
who shall be legal voters and shall hold their oflices for 
the term of one year from the first Monday in February 
then next ensuimr and until others shall be elected and 



168 



1890. — Chapter 189. 



Removal. 



Compensation. 



Fire department 
may be estab- 
lished. 



Engineers to he 
the firewards of 
the city. 



City council 
may establish 
(ire limits. 



Assessors of 
taxes to be 
elected by con- 
current vote. 



qualified in their stead : provided, J(Ov:ever, that either of 
the officers named in this section may l)e removed at any 
time by the city council for suflBcient cause. Vacancies 
occurring; in the above named offices may be filled at anv 
time in the same manner for the unex])ired term. The 
compensation of the officers mentioned in this section 
shall be fixed by concurrent vote of the city council. 

Section 23. The city council may estal)lish a fire 
department for said city, to consist of a chief engineer and 
of as many assistant engineers, enginemen, hosemen, 
hook-and-laddermen, and assistants, as the city council by 
ordinance shall from time to time prescribe ; and said 
council shall have authority to fix the time of their aji- ' 
pointment 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 penalties for any violation of such regulations 
or any of them as are provided for the breach of the ordi- 
nances of said city. The appointment of all officers and 
members of such department shall he vested in the mayor 
and aldermen, exclusively, Avho 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 com- 
pensation of the department shall be fixed l)y concurrent 
vote of the city council. 

Section 24. The city council shall have power to 
establish fire limits within the city, and from time to time 
change or enlarge the same : and b}^ ordinance they may 
regulate the construction of all buildings erected Avithin 
said fire limits, stipulating their location, size and the 
material of which they shall be constructed, together with 
such other rules and regulations as shall tend to prevent 
damage l)y tire : jirovided, that such rules and reaulations 
shall not be inconsistent w^ith the laws of the Common- 
wealth. 

Section 25. The city council first elected after the 
acceptance of this act shall in the month of January choose 
by concurrent vote three persons to be assessors of taxes, 
to serve, one for the term of three years, one for the term 
of two years and one for the term of one year, beginning 



1800. — Chapter 180. 1G9 

with the first Monda}^ in February then next ensuinir 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, 

beo-innino; with the first Monday in February then next 

ensuing and until another is chosen and qualified in his 

stead. Any vacancy occurring in the office of assessor vucaucii-s. 

ma}' be filled by concurrent ballot of the city council for 

the unexpired term. The compensation of the assessors compensanon. 

shall be fixed by concurrent vote of the city council. 

Section 26. The city council first elected under this overseers of the 

«/ poor. 

act shall, as soon after its organization as may be conven- 
ient, elect by concurrent vote three persons, legal voters 
of said city, to constitute a board of overseers of the poor 
in said city, one to serve for the term of three years, one 
for the term of two years and one for the term of 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 in 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 and qualified. Said board of O'ga"'zation- 
overseers shall organize annually by the choice of a 
chairman, and they may annually elect, but not one of 
their own number, an almoner, who shall serve as clerk 
of the board and who may be removed by the board ; 
the compensation of the almoner shall be fixed by the con- 
current vote of the city council ; the members of the board 
shall serve without compensation. 

Section 27. The mayor and aldermen shall annually in superintendent 
the month of January elect a superintendent of streets, who elected by 
shall hold office for one year from the first Monday of Feb- !^dermeu^ 
ruary in the year in which he shall be chosen and until his 
successor is chosen and qualified, unless sooner removed. 
He shall be removable at the pleasure of the mayor and 
aldermen, and a vacancy may be filled at any time by the 
mayor and aldermen for the unexpired term. Said super- 
intendent shall receive such compensation for his services 
as the mayor and aldermen shall from time to time deter- 
mine, and shall devote his whole time to the service of the . 
city. And said superintendent may appoint one or more 
foremen to act under his control and direction, who shall 



170 



1890. — Chapter 189. 



Powers and 

duties. 



Board of health 
to be elected. 



Compensation. 



Board of 
almoners under 
the Whiting 
Street will. 



receive such compensation as the ma3^or and aldermen may 
from time to time determine. It shall be the duty of the 
superintendent of streets, under the general care and direc- 
tion of the mayor and aldermen, to superintend the gen- 
eral state of the streets, roads, sidewalks, sewers, drains, 
bridges, parks, public places and squares of the city, and 
to attend to the making and repair of the same. Said 
superintendent shall perform such further duties, not 
inconsistent with the nature of his office, as the mayor 
and aldermen may prescribe. All provisions of law 
applicable to the collection of city, county and state taxes 
shall apply to the collection of assessments under this act. 
Said superintendent shall in general, except as otherwise 
herein provided, have exclusively the powers and be sub- 
ject to the duties, liabilities and penalties which are by 
law given to or imposed upon road commissioners of 
towns. 

Section 28. The city council first elected under this 
act shall, as soon as convenient after its organization, 
elect by concurrent vote 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 in 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 as a member of said board of health 
for the term of three years from the first Monday of Feb- 
ruary then next ensuing and until his successor shall be 
elected. Elections shall be so made that one member at 
least of said board shall be a physician. The compensa- 
tion of the board shall be fixed by concurrent vote of the 
city council. 

Section 29. The city council first elected under this 
act shall, as soon as convenient after its organization, elect 
by concurrent vote three persons, all residents of said 
city, who shall constitute the board of almoners of said 
city, under the provisions of the Whiting Street will, one 
of whom shall be elected to serve for three years, one for 
two years and one for one year from the first Monday of 
March then next ensuing and until their respective suc- 
cessors are elected and qualified ; and thereafter the city 
council shall annually in the month of February elect in 
the same manner one person to serve as a member of said 



1890. — Chapter 189. 171 

board l\)i' the term of throe years from the first Monday 
of ^Nlaroh then next ensuino; and until his or her successor 
shall be elected and qualified. Any vacancies occurring vacauciea. 
in said l)oard may be filled by concurrent vote of the city 
council at any time. The members of said board shall 
serve without compensation. 

Section 30. The city council first elected under this conamutee to be 

GIGCIGu to hilVG 

act shall, as soon as may be convenient after its oriianiza- managcmein of 
tion, elect by concurrent vote three persons, legal voters ub^i-rry! "^ 
of said city, to constitute a library committee, avIio shall 
have the supervision, management and care of the public 
library of said city. Said committee shall be elected to 
serve, one for three years, one for two years and one for 
one year from the first Monday of March then next ensu- 
ing and until their respective successors are elected and 
qualified ; and thereafter the city council shall annually 
in the month of February elect in the same manner one 
person, a legal voter of said city, to serve for three years 
from the first Monday of March then next ensuing and 
until his successor is elected and qualified. Said commit- appointed! '° ^'^ 
tee shall annually appoint, but not from their own number, 
one or more librarians, to be under the direction and con- 
trol of said committee, and may for sufficient cause remove 
such libraiians. The compensation of such librarians shall 
be fixed by concurrent vote of the city council. Any 
vacancy occurring in said committee may be filled by 
concurrent vote of tlie city council at any time. The city 
council may at any time remove any member of said com- 
mittee. The members of said library committee shall 
serve Avithout compensation. 

Section 81. Any vacancy occurring in any one of the vacancies lu 
lioards established under the provisions of sections twent3'- 
five, twenty-six, twenty-eight, twenty-nine and thirty may 
be filled by the city council by concurrent vote 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 32. The school committee shall consist of a schooicom- 
board of eight persons, inhal)itants of the city of Chicopee, 
of whom one shall be elected by ballot from each ward l)y 
the qualified voters in said ward, and one shall be the 
mayor. At the first election under this act there shall be 
so elected, a member from each of wards one and two, to 
serve for the term of three years, beginning with the 



172 



1890. — Chapter 189. 



Vacancies. 



To serve with- 
out compensa- 
tion. 



To appoint a 
member to 
attend meetings 
of city council, 
and a superin- 
tendent of 
schools and fix 
his salary. 



Chairman of 
overseers of 
poor and a 
member of the 
school com- 
mittee entitled 
to seats with 
board of alder- 
men and com- 
mon council. 



first Monday of January then next ensuing ; from each of 
wards three and four, a member to serve for the term of 
two years, beginning with the first Monday of January 
then next ensuing; and from each of wards five, si.\ and 
seven, a member to serve for the term of one 3'ear, begin- 
ning with the first Monday of January then next ensuing. 
And at each subsequent election there shall be chosen 
members to hold their ofiice 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 mu- 
nicipal year. Any vacancy occurring in said committee 
may be filled for the remainder of the municipal year by 
the joint ballot of the city council and school committee 
in convention ; and for the unexpired terra thereafter shall 
be filled at the first municipal election after such vacancy 
occurs. The members of the committee shall serve with- 
out compensation. Said committee shall annually elect 
one of their number chairman. Said committee shall 
annually appoint one of their own number to attend the 
meetings of the board of aldermen and common council- 
men for the purpose hereinafter mentioned. They shall 
annually appoint, but not one of their own number, a 
superintendent of schools who shall act as secretary of 
the board. The committee shall fix the salary of such 
superintendent, and may remove him for sutficient cause. 
All the rights and oi)ligations of the said town of Chicopee 
in relation to schools and the giant and appropriation of 
money for the support of the schools, and the special 
powers and authority heretofore conferred by law upon 
the inhabitants of said town to raise money for the support 
of schools therein, shall be merged in the powers and 
obligations of the city. 

Section 33. The chairman of the board of overseers 
of the poor and the member of the school committee 
appointed for that purpose, shall be respectively entitled 
to seats with the board of aldermen and common council, 
and shall have the right to discuss all matters relating to 
their respective departments of city affairs, but without 
the right to vote. They shall be 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 



1890. — Chapter 189. 1713 

askeJ in relation to any matter, act or thing connected 
with his otHce or the discharue of the duties thereof. 

Skctiox ;U. All general laws in force in the town of fj^'^Ztulwtn 
Chicopee when this act shall he accepted, as herein pro- force. 
vided, and all special laws heretofore passed with refer- 
ence to the said town of Chicopee, and which shall then 
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 Chicopee, so 
i'ar as the same are not inconsistent herewith. 

Section 35. All special laws heretofore passed con- special laws 
ceininiT the lire districts in the tow^n of Chicopee, which ciis" rices' tf le'' 
shall be in force in said tire districts when this act shall ™=^"> *» fo''^e. 
be accepted as herein provided, shall, so far as the same 
are not inconsistent hercAvith, be extended to and be and 
continue in force in the city of Chicopee until altered, 
amended or repealed. 

Section 3(1. Upon the first day of January next after Fiie districts to 

, n li • I 1 • • ^ ^ \\ 11 ^• ''^' dissolved 

the acceptance oi this act, as herein provided, the nre dis- and property 
tricts in said town shall be dissolved, and their powers and ^.^^^^''^i >" '"^^ 
})rivileges and duties and liabilities shall vest in and be 
assumed and discharged by the said city of Chicopee. 
The property of the said tire districts upon the tirst da}' 
of Janyiary next after the acceptance of this act shall vest 
in and become the property of the city of Chicopee ; and 
the existing debts and legal contracts of said districts 
shall be assumed by the city of Chicopee upon the first 
day of January next after the acceptance of this act : pro- rroviso. 
vided, that each of the said districts shall, as to its cred- 
itors, continue liable to pay all its existing debts and to 
perform all its legal contracts. 

Section 37. The passage of this act shall not afiect Rights not to be 

i ~ . . aftected. 

any rights 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 
previously incurred shall be atfected hereby. All persons 
holding office in said town, or in the fire districts in said 
town, at the time this act shall take elfect, 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 38. Upon the acceptance of this act, as herein Selectmen to 

• 1 1 1 1 f • 1 1 11 i" ii "j-l divide territory 

provided, the selectmen of said town shall tortiiwitn intoseven wards. 



174 



1890. — Chaptee 189. 



Polling places to 
be provided, 
and election 
ofBcers to be 
appointed. 
1SS4, 299. 
1889, 413. 



Selectmen to 
notify mayor, 
city clerk, etc.- 
elect, and ap- 
point a place 
for first meet- 
ing. 



Meeting for 
submitting 
question of ac- 
ceptance to 
voters. 



divide the territory into seven wards, so that they shall 
contain, as nearly as may be consistent with well defined 
limits to each, an equal number 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- 
day of the December next succeeding such acceptance, 
provide 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 
election officers therefor ; and they shall in general have 
the powers and perform the duties of the mayor and the 
board of aldermen of cities under chapter two hundred 
and ninety-nine of the acts of the year eighteen hundred 
avid eighty-four and chapter four hundred and thirteen of 
the acts of the year eighteen hundred and eighty-nine, 
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. 1 he registrars of 
voters shall cause to be prepared and published lists of 
the qualified voters in each of the wards established by 
the selectmen. 

Section 39. The selectmen shall notify the persons 
elected mayor, city clerk and city treasurer, aldermen 
and common councilmen severally of their election, and 
shall appoint a place for the first meeting of aldermen and 
common council on the first Monday of January next 
ensuing ; and by written notices left at their respective 
residences at least twenty-four hours prior to such meet- 
ing shall notify thereof the mayor elect, aldermen elect 
and common councilmen elect, who shall immediately pro- 
ceed to organize and carry into effect the provisions of 
this act, which shall then have full force and effect. The 
selectmen shall in like manner provide and appoint a 
place and time for the first meeting of the school com- 
mittee, and notify the members elect thereof. Nothing 
herein shall affect the annual meeting in said town for the 
election of the national, state, district and county officers 
which may be held after the acceptance thereof. 

Section 40. A meeting may be called for the pur- 
poses of submitting the question of the acceptance of this 
act to the legal voters of said town at any time after the 
passage thereof, except in the months of November and 
December. At such meetings the polls shall be open not 



1890. — Chapter 190. 175 

less than eight hours, and the vote be taken l)y ballot, in 
accordance with the provisions of chapter two hundred 
and ninety-nine of the acts of the year eighteen hundred 
and eighty-four, so far as the same shall be applicable, in 
answer to the question, " Shall an act passed by the gen- 
eral court in the 3'ear eighteen hundred and .ninety, 
entitled ' An act to incorporate the city of Chicopee', be 
accepted?"; and the affirmative votes of the majority of 
the voters present voting thereon shall be required for its 
acceptance. If at the 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 submitted 
for acceptance, but not after the period of three years from 
the passage thereof. 

Section 41. So much of this act as authorizes the when to take 
submission of the question of its acceptance to the legal ^ 
voters of said town shall take etfect upon its passage, but 
it shall not take further eflect unless accepted by the legal 
voters of said town as herein prescribed. 

Approved April 18, 1890. 

An Act to authorize the pkoprietors of king's chapel in (7AflW.190 

BOSTON TO acquire ALL TOMBS AND RIGHTS OF INTERMENT 
UNDER SAID CHAPEL AND TO PROHIBIT FURTHER INTERMENTS 
THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The proprietors of King's chapel in Boston Proprietors may 
may take all tombs under said chapel and all rights of Ifer^Ki'ng's """ 
interment therein, the same having been first appraised by <=^*p^'- 
three disinterested persons to be chosen by the wardens 
and vestry of said King's chapel ; or said proprietors may 
agree with any owner or owners of said tombs or rights 
for the purchase of said tombs and the extinguishment of 
all rights of interment therein. 

Section 2. Whenever the wardens and vestry shall ^gYryTg^ve 
by vote at a meeting legally called for that purpose notice to aii 

, ■ o o */ 1 *- persons inter- 

determine to take such tombs or rights, and shall have ested. 
had the same appraised as provided in section one, they 
shall give notice to all persons interested in such tombs, 
either by serving such notice upon at least one owner of 
each tomb or by publishing the same for three successive 
weeks in two newspapers at least, printed in the city of 
Boston, that all bodies and remains interred in tombs 
under said chapel, the same having become dangerous 



176 



1890. — Chapter 191. 



Bodies to be 
removed, etc. 



Owner of tomb 
aegrieved may 
apply to 
superior court 
by petition. 



Future inter- 
ments pro- 
hibited. 



to public health, must be removed within sixty daj'^s after 
such notice or after said first publication ; and in case 
said bodies or remains shall not have been removed within 
said sixty days, said wardens and vestry may, at the 
expense of said proprietors, cause the same to be removed 
and interred in some suitable place, in which case said 
wardens and vestry may deduct from the appraised value 
of the tombs and rights aforesaid so much thereof as 
shall be necessary to pay the reasonable expenses of such 
removal and of the purchase of suitable places for the 
interment of said bodies and remains ; and the balance 
shall within thirty days after demand be paid over to the 
person or persons entitled to receive the same. 

Section 3. Any owner of said tombs or rights who 
is aggrieved by the doings of said appraisers may apply by 
petition to the superior court for the county of Suftblk, 
at any term thereof within six months after the service 
or first publication of notice as provided in section two, 
and after due notice to said proprietors a trial shall be had 
at the bar of the court, in the same manner in which other 
civil causes are there tried by a jury ; but in entering 
judgment the court shall take into accoimt the sum, if 
any, to be deducted under the provisions of section two, 
and if either party request it, the jury shall view the 
place in question. 

Section 4. The further use of the tombs under King's 
chapel for interments or the temporary deposit of the dead 
is hereby prohiliited. 

Section 5. This act shall take effect upon its passage. 

Approved April 18, 1890. 



Chaj) 



Amendment to 
P. S. 115, §3. 



.191 ^^ ^^^ RELATING TO THE PAR VALUE OF SHARES OF ASSOCIATIONS 
FOR CHARITABLE, EDUCATIONAL AND OTHER PURPOSES. 

Be it enacted, etc., as foUoius: 

Section 1. Section three of chapter one hundred and 



Agreement of 
aesociation ; par 
value of shares. 



fifteen of the Public Statutes is hereby amended by insert- 
ing after the word " either", in the sixth line thereof, the 
word : '■ — ten, — so that said- section shall read as follows : 
— Section 3. The agreement shall state that the sub- 
scribers thereto associate themselves with the intention 
of fornaing a corporation, the name of the corporation, 
the purpose for which it is formed, the town or city, 
which shall be in this Commonwealth, in which it is 
located, and, if it has a capital stock, the amount thereof 



1890. — Chapters 192, 193. 177 

and the number and par value of its shares, which par 
vakie may be either ten, twenty-five, fifty, or one hun- 
dred dollars. The name shall be one not previously in 
use by an existing corporation, shall indicate that it is a 
corporation or company, and shall be changed only by 
act of the general court. 

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

Ap2Jroved April 18, 1890. 



ChapA^2 



An Act relating to clerical assistance in the office of 

THE register OF PROBATE AND INSOLVENCY FOR THE COUNTY 
OF MIDDLESEX. 

Be it enacted, etc., as follows : 

Section 1. The register of probate and insolvency Allowance 
for the county of Middlesex shall be allowed, in addition assistance.' 
to the amount now allowed by law, a sum not exceeding 
five hundred dollars per annum from and after the first 
day of May in the year one thousand eight hundred and 
ninety, for clerical assistance actually performed ; to be 
paid from the treasury of the county of Middlesex upon 
the official certificate of said register countersigned by the 
judge of probate and insolvency for said county. 

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

Approved April 18, 1890. 



] ChajyAd:^ 



An Act to limit the time within which trout, land-locked 
salmon and lake trout may be taken in berkshire, frank 
lin, hampshire and hampden counties. 

Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and seventy-one of Amendment to 
the acts of the year eighteen hundred and eighty-four is 
hereby amended by adding at the end of the first section 
the words : — except in the counties of Berkshire, Frank- 
lin, Hampshire and Hampden, where such time shall be 
between the first day of August and the first day of April, 
under a penalty of not less than ten and not more than 
twenty-five dollars for each and every violation hereof, — 
so that the section shall read as follows: — Section 1. Time limited 

mi • "i. i.i ./.I'll iii for taking trout, 

ihe time within which any person is forbidden to take, landlocked 

nrr. /• 1 J 1 • 1 • • salmon, etc., in 

, offer or expose for sale or to have in his possession four western 

a trout, land-locked salmon, or lake trout, by sections ^ou^'^es. 
fifty-one and fifty-three of chapter ninety-one of the Pub- 
lic Statutes, shall be between the first day of September 



178 



1890. — Chapter 194. 



Penalty. 



Repeal of 
18S8, 276. 



Chap 



Black Rocks 
and Salisbury 
Beach Street 
Railway Com- 
pany may pur- 
chase franchise, 
etc., of the 
Plum Island 
Street Railway 
Company. 



May increase 
capital stuck. 



and the first day of April, except in the counties of Berk- 
shire, Franklin, Hampshire and Hampden, where such 
time shall he between the first day of August and the first 
day of April, under a penalty of not less than ten and not 
more than twenty-five dollars for each and every violation 
hereof. 

Section 2. Chapter two hundred and seventy-six 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 April 18, 1890. 

.194 ^^ ^^"^ "^^ AUTHORIZE THE PLUM ISLAND STREET RAILWAY COM- 
PANY TO SELL ITS PROPERTY AND FRANCHISES TO THE BLACK 
ROCKS AND SALISBURY BEACH STREET RAILWAY COMPANY. 

Be it enacted, etc. , as folloios : 

Section 1. The Black Rocks and Salisbury Beach 
Street Railway Company is hereby authorized to pur- 
chase all the rights, franchise and property belonging to 
the Plum Island Street Railway Company, and said Plum 
Island Street Railway Company is authorized to sell, con- 
vey and assign its franchise and property, and all the rights, 
easements, privileges, locations and powers granted or in 
any way belonging to it, to the said Black Rocks and Salis- 
bury Beach Street Railway Company, which company shall, 
upon such conveyance being made, have and enjoy all the 
rights, powers, privileges, locations, easements, franchises 
and property which heretofore belonged to or were in any 
way owned by the Plum Island Street Railway Company, 
subject to the duties, liabilities and restrictions applicable 
to the same under the o^eneral laws relatinsj to street rail- 
way companies : 2^^^ovided, hoivever, that such purchase 
and sale shall not be valid unless agreed to by a majority 
of the directors of both said corporations, and approved 
by a majority in interest of the stockholders of each cor- 
poration at meetings called for that purpose. 

Section 2. For the purpose of providing means for 
the payment of all the debts of the Plum Island Street 
Railway Company and of the Black Rocks and Salisbury 
Beach Street Railway Company, and for purchasing the 
property, franchise, rights, easements, privileges, loca- 
tions and powers of the Plum Island Street Railway 
Company, and for the extension of its tracks, purchasing 
real estate and equipment, the Black Rocks and Salisbury 



1890. — Chapters 195, 196. 179 

Beach Street Railway Company is authorized to increase 
its oapitul stock from sixty-five thousand dollars to an 
amount not exceeding one hundred and twenty-five thou- 
sand dollars ; and may issue coupon or registered bonds May issue bonds 
bearing interest not exceeding six per centum per annum, same'by '^'' ''^^ 
to an amount not exceeding the amount of its capital '^"'"'g''ge- 
stock actually subscribed for and paid in, for a term not 
exceeding twenty 3^ears from date thereof; and to secure 
payment thereof, with interest thereon, the said Black 
llocks and Salisbury Beach Street Railway 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 dispose of property included in such mortgage, 
which may become worn, damaged or otherwise unsuit- 
able to be used in the operation of its road, providing 
that an equivalent in value is substituted in lieu thereof. 

Sectiox 3. All bonds so issued shall first be approved Bonds to heap 

, • ^ 1 1 1 J • !• 1 , proved and cer- 

by some person appomted l)y the corporation tor that pur- tmed. 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

Section 4. The rate of fare shall not exceed five Fare within 
cents within the street limits of the city of Newburyport. ^'"'^^^^ ™' *' 

Sectiox 5. This act shall take effect upon its passage. 

Approved April 21, 1890. 



Chap.195 



Ax Act to change the name of the Florence street metho- 

DIST EPISCOPAL CHURCH OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The name of the Florence Street Metho- Name changed. 
dist Episcopal Church of Springfield, a corporate body, is 
hereby changed to the Asbury First Methodist Episcopal 
Church of Springfield. 

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

Approved April 21, 1890. 

An Act relative to preserving ornamental and shade trees (J]i(ir>.\^Q 
ON the higiiwats. 

Be it enacted, etc., as folloivs: 

Section 1. The mayor and aldermen of the cities and f^^^^^t'^j^,^^-' 
the selectmen of the towns within the Commonwealth are designated and 
hereby authorized to designate and preserve, as herein- ^^ ^'"' 



180 



1890. — Chapter 197. 



Method of 
desii'nalion. 



Penalties. 



Proviso. 
P. S. 54. 



after provided in this act, trees within the limits of the 
highways for the purposes of ornament and shade ; and to 
so designate not less than one such tree in every thirty- 
three feet where such trees are ijrowinor and are of a diam- 
eter of one inch or more. 

Section 2. Said mayor and aldermen and selectmen 
shall, between the tirst day of September and the thirty- 
tirst day of December in each year, designate such trees 
as are selected by them for the purposes set forth in 
this act by driving into the same, at a point not less than 
four nor more than six feet from the ground and on the 
side toward the center of the highway, a nail or spike 
with a head with the letter M pkinly impressed upon it ; 
said nails and spikes to be procured and furnished by the 
secretary of the Commonwealth to said mayor and alder- 
men and selectmen as required by them for the purposes 
of this act. Said mayor and aldermen and selectmen, 
between the tirst day of September and the thii'tv-first 
day of December of each succeeding year, shall renew 
such of said nails and spikes as shall have been destroyed 
or defaced ; and shall also designate, in the same manner 
as hereinbefore stated, such other trees as in their judg- 
ment should be so designated to carry out the require- 
ments of tliia act. 

Section 3. Whoever wantonly injures, defaces or 
destroys any tree thus designated, or any of said nails or 
spikes affixed to such trees, shall forfeit not less than five 
nor more than one hundred dollars, to be recovered by 
complaint, one-half to the complainant and one-half to the 
use of the town wherein the offence was committed. 

Section 4. This act shall not apply to ornamental or 
shade trees whose i)reservation is now provided for by 
chapter tifty-four of the Public Statutes and the acts 
amendatory thereof. Ajjproved April 21, 1890. 



ChopAWJ An Act to impose an excise tax upon certain accident, 
fidelity and guaranty insurance companies. 
Be it enacted, etc., asfoUoios: 

Section 1. Every corporation which is incorporated 
by the authority of any other state of the United States, 
or of any foreign country, which is subject to the pro- 
visions of chapter two hundred and fourteen of the acts of 
the year eighteen hundred and eighty-seven and amend- 
ments thereto, engaged in the business of insuring against 



Tax to be im- 
posed upon cer- 
tain foreign in- 
suriince com- 
panies. 
1887, 214. 



1800. — Chapters 198, 199. 181 

accident to the person, acting as surety upon bonds, guar- 
anteeing thetidelity of employees, and insuring employers 
against liability for accidents to employees, shall, as here- 
inafter provided, annually pay a tax or excise u})on all 
])reniiums charged or received on contracts made in this 
Commonwealth for such insurance or guaranty, or received 
or collected by agents in this Commonwealth, at the rate 
of two per cent. 

Sectiox 2. Every corporation which by the provisions subject toP. s. 
of this act is required to pay a tax shall l)e subject so far i887,283. ' 
as applicable thereto to the provisions of sections thirty- 
four to thirty-seven inclusive of chapter thirteen of the 
Public Statutes as amended by chapter two hundred and 
eighty-three of the acts of the year eighteen hundred 
and eighty- seven. 

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

Approved April 21, 1890. 

An Act to authorize county commissioners to appoint clerks (7/^^/9.198 

PRO tempore. 

Be it enacted, etc., as follows: 

Sectiox 1. County commissioners, whenever their May appoint 
clerk is absent from any regular meeting of the board, pore/'" 
shall appoint one of their number clerk pro tempore, who 
shall be sworn by the presiding commissioner, and shall 
also make a full record of the proceedings of the meeting 
and return the same forthwith to the clerk of the commis- 
sioners, who shall enter the same upon the records of the 
commissioners. 

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

Approve.d April 21, 1890. 

An Act relating to certificates of condition of corpora- (7^«m.199 

tions. 
Be it enacted, etc., as follows : 

Section 1. The certificates of condition of corpora- Record of cer- 
tions, required by law to be filed and recorded in the office ditionofcor- 
of the secretary of the Commonwealth, shall by the act of p°'''"'°"''" 
filing be deemed and taken to be recorded within the 
meaning of the statute requiring such record to be made. 
The secretary shall cause such certificates to be preserved 
in book form convenient for reference. 

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

Approved April 21, 1890. 



182 



1890. — Chapters 200, 201, 202. 



commiaBioners. 



Ch(ip,200 "^^ -^^T RELATING TO THE BOARD OF RAILROAD COMMISSIONERS 

Be it enacted, etc., as follows: 

an°d^tatufife''ry Section 1. The board of railroad commissioners is 
for the railroad hercbv authorized to expend a sum not exceedino- two 
thousand dollars annually m procuring necessary books, 
maps, statistics and stationery, and in defraying expenses 
incidental and necessary to ihe discharge of its duties. 
A statement of such expenditures shall accompany its 
annual report. 

Section 2. So much of section ten of chapter one 
hundred and twelve of the Public Statutes as is incon- 
sistent with this act is hereby repealed. 

Section 3. The provisions of section twelve of chapter 
one hundred and twelve of the Public Statutes shall apply 
to the expenses authorized by this act. 

Section 4. This act shall take efiect upon its passage. 

Approved April 21, 1890. 



Repeal. 



ProviBioriB of 
P. S. 112, §12, 
to apply. 



Chap.20l 



Salary eBtab- 
lisbed. 



An Act to establish the salary of the first assistant clerk 

OF THE courts FOR THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of the first assistant clerk of 
the courts for the county of Middlesex, beginning with 
the first day of January in the year eighteen hundred and 
ninety, shall be twenty-three hundred dollars a year. 

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

Approved April 21, 1890. 

QJian.202 ^^ ^^"^ further providing for THE COMPLETION OF UNFINISHED 

BUSINESS BY TRIAL JUSTICES. 



Be it enacted, etc., as follows: 

Whenever the commission of a trial justice shall expire 
Avithout renewal, or be terminated by resignation, change 
of domicile or revocation, such trial justice is hereby 
authorized to finish any business begun or pending before 
him, and to certify copies of his records and papers; or 
any party in any civil action begun or pending before 
Actions may be such trial justicc may enter or transfer such action for 
proceedings before any other trial justice for the same 
county, in the manner provided in case of the death of a 
trial justice before whom a civil action has begun or is 
pending. Approved April 23, 1890. 



Completion of 
unfinished busi 
ness by trial 
justices. 



transferred. 



1890. — Chapters 203, 204. 183 

Chap.20^ 



An Act authorizing the city of lynn to borrow money for 
street improvements. 



Be it enacted, etc., as follows: 

Section 1. The city of Lynn, for the T)urnose of lay- May become in- 

, . 1 1- 1 • i "i- 1 • • i. 4. debtecl, beyond 

ing out, establishing, constructing and improving streets the limit, for 
or town ways or highways within the limits of said city, men'ts.""^'^^^^' 
and for the further purpose of making or repairing side- 
walks or street crossings therein, may incur indebtedness 
to an amount not exceeding one hundred and fifty thou- 
sand dollars beyond the limit of indebtedness tixed by 
law for said city ; and may from time to time issue bonds, 
notes or scrip therefor, payable in periods not exceeding 
thirty years from the date of issue ; but the provisions of p^J.'og'Tss'/ 
chapter twenty-nine of the Public Statutes and of chapter 129, to apply. 
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. Of said sum of one hundred and fifty thousand 
dollars, tifty thousand dollars shall be used for the 
construction and repair of sidewalks and for no other 
purposed 

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

Approved April 24, 1890. 



An Act to fix the time of payment of certain fees to ri'Lf,^ 904- 

CITIES and towns. ^' 

Be it enacted, etc. , as follows : 

Section 1. Clerks of police, district and municipal Fees to be paid 
courts, justices of courts having no clerks, and trial jus- towns. 
tices shall pay to cities and towns all funds received from 
any source which are payable to cities and towns, quar- 
terly, at the same time settlements are now made by such 
officers with county treasurers. 

Section 2. So much of section thirty-five of chapter Repeal. 
one hundred and fifty-four of the Public Statutes as is 
inconsistent with this act is hereby repealed. 

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

Approved April 24, 1890. 



184 



1890. — Chapter 205. 



Board of com- 
missioners of 
sewers to be 
appointed. 



Clerk and 
superintendent. 



Chcn).205 ^^ ^^'^ '^^ establish a board of commissioners of seweus 

FOR THE CITY OF WALTHAM. 

Be it enacted, etc. , as follows : 

Section 1. There shall be appointed by the mayor 
and aldermen of the city of Waltham, as soon as may be 
convenient after the passage of this act, five persons, 
legal voters of said city, to constitute a board of com- 
missioners of sewers, to serve for the period of one year, 
two years, three years, four years and five years respec- 
tively, from the first Monday of March in the year 
eighteen hundred and ninety and until their respective 
successors are appointed and qualified ; and thereafter the 
mayor and aldermen of said city shall annually in the 
month of February appoint one person, a legal voter of 
said city, to serve as a member of said board of commis- 
sioners for the term of five years from the first Monday 
of March then next ensuing and until his successor is 
appointed and qualified. Said commissioners shall an- 
nually appoint a clerk, and may appoint, but not from 
their own number, a superintendent of sewers, and may 
remove said clerk or superintendent at their pleasure. 
The compensation of said clerk and superintendent shall 
be fixed by the board of aldermen. Any vacancy occur- 
ring in said board may be filled for the unexpired term 
by the mayor and aldermen. The members of said board 
of commissioners shall serve without compensation. 

Secttox 2. Said board of commissioners shall have 
the exclusive authority to construct such system of 
sewerage, and to lay, make, maintain, keep in repair, 
have charge of and operate such common sewers as the 
board of aldermen of said city shall adopt and order to 
be built w'ithin said city ; and may make contracts for the 
purposes aforesaid and if deemed advisal)le may construct 
said sewers by da}'^ labor. All contracts made for such 
purposes by said board of commissioners shall be the 
contracts of said city and shall be signed by the mayor; 
but no contract shall be made by said commissioners 
which requires an expenditure of money in excess of the 
unex})ended balance of the amounts that have been appro- 
l)riated for the use of said commissioners by the board 
of aldermen. In the discharge of their duties aforesaid 
said commissioners shall be subject to the direction and 
control of the board of aldermen. 



Board to serve 
■without com- 
pensation. 

To have exclu- 
sive authority to 
construct sys- 
tem of sewer- 
age. 



To be under 
control of board 
of aldermen. 



1890. — Chaptek 205. 185 

Sectiox 3. Said board of commissioners acting in May take lancu, 
behiilt' of the city may take by purchase or ollierwise, ^\';ft etreame, 
for the piiri)oses aforesaid, any hmds, rights of way or 
casements, public or private, of any persons or corpora- 
tions, ma}' divert streams or water-courses, may construct 
such sewers under or over any water-courses, and may 
enter and dig up any street for the purpose of hiying such 
sewers beneath the surface thereof and of maintaining 
and re|)airing the same. 

Section 4. "When binds, rights of way or easements to have re- 
are so taken, in any other manner than by purchase or t °y o*f de°edsT 
agreement, said board of commissioners shall within l!fnd,"'tc.°uiken. 
thirty days of said taking cause to be recorded in the 
registry of deeds for the county of Middlesex, southern 
district, a description of the same as certain as is required 
in a conve3'ance of hind, with a statement of the purpose 
for which the same is taken, signed l)y a majority of said 
board ; and the fee in the lands, rights of way or ease- 
ments so taken or purchased shall vest in said city of 
"Waltham, which shall pay all damages therefor out of the 
appropriation for construction of sewers. If the damages 
are not agreed upon, a jury in the superior court of said 
county may be had to determine the same in the same 
manner as in case of lands taken for highways ; but no 
suit shall be brought after two years from the date of the 
recording of the taking as herein required. 

Sectiox 5. Said board of commissioners shall assess owners of 

,1 n , , •. . •,\ • i^^ A^ 'L c estates benefited 

the owner ot any estate situate withni the territory tor to be assessed. 
which a system of sewerage has been adopted and sewers 
constructed, and benefited by such sewers, his proportional 
part of the estimated cost of all the sewers therein, by a 
tixed uniform rate, based upon the estimated average cost 
of all the sewers therein according to frontage of such 
estate on any street or way where such sewer is con- 
structed, or according to the area of such estate within 
a fixed depth from such street or way or according to 
both frontage and area as said board may deem advisable ; 
and such owner shall within three months after notice of 
such assessment pay the sum so assessed to the treasurer 
of said city ; provided, that said board of commissioners Proviso, 
may if they deem it advisable apportion said assessment 
into two or three equal parts, one of said parts to be paid 
within the time above provided and the other part or 
parts upon the successive year or years, and certify such 



18G 



1890. — Chapter 205. 



Assessment to 
be a lien upon 
estate. 



Action to be 
biougtit within 
six years. 



Person 

aggrieved may 
apply for a jury, 
P. S. 51. 



Proviso. 



Commissioners 
may prescribe 
rules, etc. 



Rules to be pub- 
lished. 



Waltham 
Sewer Bonds 
not to exceed 
$300,000. 



apportionment to said treasurer. The notice above speci- 
fied may be served upon the person assessed or upon any 
person occupying the estate. 

Section 6. Assessments so made shall constitute a 
lien on such estate for two years after such assessment is 
made or in a case of apportionment for two years after the 
last part is due, and may with incidental costs and ex- 
penses be levied by sale of such estate if the assessment 
is not paid within three months after notice, or if appor- 
tioned within three months after each assessment is pay- 
able ; such sales to be conducted and the owner of such 
estate having the same right to redeem the same as in 
case of sales for the non-payment of taxes. Such assess- 
ments may also be collected by action of contract brought 
at any time wnthin six years after the same are due. 

Section 7. A person aggrieved by such assessment 
may at any time within three months after receiving 
notice thereof apply for a jury to revise such assessment. 
Such application shall be made in like manner and the 
proceedings thereon shall be the same as in case of peti- 
tions for revision of betterments assessed under chapter 
fiftj^-one of the Pul)lic Statutes : provided, that before 
making his application the party shall give one month's 
notice in w^-iting to said board of commissioners of his 
intention so to apply and shall therein particularly 
specify his objections to the assessment ; to which speci- 
fication he shall be confined upon the hearing by the 

Section 8. Said board of commissioners may prescribe 
rules and regulations for the inspection of materials, con- 
struction, alteration or use of all drains or sewers entering 
into such main sewer and may impose penalties not 
exceeding twenty dollars for each violation of any such 
rule or regulation. Such rules or regulations shall be 
published not less than one week in the newspapers of 
said city of Waltham and shall not go into effect until 
such publication has been made. 

Section 9. For the purpose of defraying the expenses 
and outlays incurred for the purposes aforesaid, or so much 
thereof as they shall see fit, the board of aldermen of the 
city of Waltham is hereby authorized to issue from time 
scrip, notes, bonds or other certificates of indebtedness, 
to be denominated on the face thereof Waltham Sewer 
Bonds, to an amount not exceeding three hundred thou- 



1890. — Chapter 206. 187 

sand dollars, and redeemable at a time not exceeding 
thirty years from and after the date thereof. Said indebt- 
edness hereby authorized is to be in addition to the 
amount of municipal indebtedness now authorized by 
law. 

Sectiox 10. All sums of money received under the Pinkint; fund. 
provisions of this act shall 1)e set apart as a sinking fund 
for the payment of such sewer debt, and shall be consid- 
ered as so much raised by the city under the provisions 
of chapter twenty-nine of the Public Statutes and acts in 
amendment thereof towards the sum therein required to 
be raised for a sinking fund under said chapter ; or such 
sums may be applied by said board of aldermen to 
extinguish the sewer debt. 

Sectiox 11. The provisions of chapter fifty of the Provisions of 
Public Statutes applicable to sewers and drains, and not apply. 
inconsistent with this act, shall apply to the city of Wal- 
tham in carrying out the provisions of this act. 

Section 12. This act shall take effect upon its passage. 

Approved April 24, 1890. 



An Act relating to the record and certification of orders 
drawn by county commissioners, to the vouchers for the 
same and to the vouchers for incidental expenses in the 
higher courts. 



CA«^9.206 



Be it enacted, etc., as follows: 

Section 1. County treasurers shall pay no orders orders drawn 

^ '' ,. '•'.on county treas- 

drawn by the county commissioners unless such orders urer to be certi- 
are duly certified by the clerk of the commissioners ; and et*c. ^'^'^' ' 
clerks of county commissioners shall certify no orders so p-^-^s. §7. 
drawn to county treasurers until such orders are duly 
recorded as provided in section seven of chapter twenty- 
three of the Public Statutes. 

Section 2. County treasurers shall pay no orders original wiis 
drawn and certified as provided in section one of this act to be delivered 
unless the original bills, vouchers or evidences of county paymelJft!'^ °^ 
indebtedness for which payment is ordered are delivered I'-s.ss, §9. 
with the order of payment, to be filed and safely kept by 
such treasurers, as provided in section nine of said chap- 
ter twenty-three of the Public Statutes. 

Section 3. The original bills or vouchers for services Biiisforser- 
and expenses incidental to the sittings of the supreme s^rpTeme^'judi- 
judicial and superior courts, under the provisions of sec- glfperlo'l' courts. 



188 1890. — Chapter 207. 

p. 8. 153, § 23. tioij twenty-three of chapter one hundred and fifty-three 
of the Public Statutes, shall in all cases be delivered to 
county treasurers, or in Suffolk county to the city auditor 
of the city of Boston, with the orders for payment of 
same. 
it^"°o'i''b^''°'^" Section 4. This act shall not affect any action pending 
affected. in any court of the Commonwealth wherein the question 

of the proper custody or possession of the vouchers men- 
tioned in section three of this act is in issue. 

Section 5. This act shall take effect upon its passage. 

Approved April 24, 1890. 



Chcip.'2(yi An Act to authorize the nantucket railroad company to 

CHANGE THE LOCATION OF ITS ROAD. 

Be it enacted, etc., as follows : 
May change SECTION 1. The Nautuckct Railroad Company is 

location of road. i • i i • i- • 

hereby authorized to change the present location ot its 
road on the southerly side of Nantucket island, between 
the southerly end of Weweeder valley, so called, and 
Low beach, so called, near the village of Siasconset, for 
a distance of about twenty-one thousand feet ; so that in 
lieu of its present location on the southerly side of said 
island it may locate and construct its road as follows : 
Commencing on its present location at the northerly end 
of Weweeder valley on the northerly side of Weweeder 
avenue ; thence easterly with a curve of four degrees, 
about two thousand feet ; then south seventy-four degrees 
east, about nine thousand feet, passing at the northerly 
side of three lots of land owned by J. S. Barney, A. T. 
Mowrey and a lot known as the Hinckly lot ; thence 
southerly on a curve of one degree, about two thousand 
feet ; thence south sixty-seven degrees east, about eight 
thousand feet to Low beach near the village of Sias- 
conset ; and said company is hereby authorized to take 
land not exceeding five rods in width on the above 
described line for said railroad location. 
S'rapfe^ied July SECTION 2. The chaugc in said location and the con- 
1,1891. struction of the said railroad shall be completed on or 

before July first in the year eighteen hundred and ninety- 
one or this act shall become void. 

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

Ajjproved April 24, 1890. 



1890. — Chapter 208. 189 



AV Acr TO AUTHORIZE rUR TOWN OF MANSFIELD TO MAKE A QJinry 208 
LOAN FOlt THE PUKPOSE OF PAYING ITS EXISTING INDEIiTED- 
NES3 AND BL'ILDING A SCIIOOL-IIOUSE AND IMPROVING THE 
STKEETS, SIDEWALKS AND BRIDGES IN SAID TOWN. 

Be it enacted^ etc., as follows: 

Section 1. The town of Mansfield, for the purpose of pavement u.'an 
pavin": or fundino; its existinsj indebtedness, huildino' a "«' to exceed 
school-house and improving the streets, sidewalks and p. s.29, §7. 
bridges in said town, may, by a vole passed in the manner 
provided by section seven of clia[)ter twenty-nine of the 
Public Statutes, authorize its treasurer to issue from time 
to time, when directed by the selectmen of said town, 
negotiable bonds or certificates of indebtedness, to an 
amount not exceeding forty thousand dollars, payable in 
not exceeding thirty years from their date, and bearing 
interest at a rate not exceeding four per centum per 
annum, to be denominated on the face thereof Mansfield 
Improvement Loan. Said l)onds or certificates shall not Bonas, etc., to 
be valid unless signed by the treasurer and countersigned ueasmL-, e^c. 
by a majority at least of the board of selectmen of said 
town, 

Sectiox 2. The provisions of chapter twenty-nine of ^«yp''°"'^/^°'' 

. ^ I , !• 1 /• payment of 

the Pul)lic Statutes as tar as applicable and except so far debt, in annual 
as herein modified shall ajiply to said loans : provided, payments.' 
that instead of estal)lishing a sinking fund for the payment ki'. 29'. ^^ ' 
of said indebtedness as therein provided, said town may 
if it sees tit provide by a majority vote for the payment 
of said indebtedness in such annual i)roportionate payments 
as will extinguish the same at the time ti.xed for the matu- 
rity of said loans ; and if such vote is passed the amounts 
required therel)y shall without 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 provisions of section thirty-four of 
chajjter eleven of the Public Statutes. 

Section 3. The return required by section ninety-one uetu ins to state 
of chapter eleven of the Public Statutes shall state the mnuing fund, 
amount of any sinking fund established, and if not so UH^hod!^"'^ 
established whether action has been taken in accordance ^*- ^- ^'' 5 ^^• 
with the provisions of the preceding section, and the 
amounts raised and applied thereunder for the current 
year. 



190 



1890. — Chapter 209. 



May Bell bonds Section 4. Said treasurer shall under the direction 

or pledge the ^ , ii • i i i • n 

same for money of the Selectmen sell said bonds or certihcates, or any 
part thereof, from time to time at public or private sale, 
or yjledge the same for money borrowed for the purposes 
of this act upon such terms and conditions as the select- 
Proviso, men may deem proper : 'provided^ that such securities shall 
not be sold ot pledged at less than the par value thereof. 
Section 5. This act shall take etfect upon its passage. 

Approved April 24, 1890. 



OhaV ^^09 ^^ ^^^ RELATING TO CLERKS' FEES IN THE SUPREME JUDICIAL 

AND SUPERIOR COURTS. 



County treas- 
urers to pay no 
fees to clerks of 
courts. 

Entry fee to be 
taxed against 
defendant 
where county, 
etc., is real 
complainant. 
1888, 2o7, § 3. 



Taxation and 
collection of 
fees for prose- 
cution under 
by-laws, etc. 



Payment of 
monthly instal- 
ment of salary, 
regulated. 



Not to affect 
any suit pend- 
ing. 



Repeal. 



Be it enacted-, etc., as foUoivs : 

Section 1. County treasurers shall pay no fees to 
clerks of courts for any official service whatever. 

Section 2. In all cases, civil or criminal, in the 
supreme judicial court or in the superior court, where 
the Commonwealth or a county is the real plaintitt' or. 
complainant, the entry fee provided in section three of 
chapter two hundred fifty-seven of the acts of the year 
eighteen hundred eighty-eight shall be taxed against 
defendants and respondents ; but in no case, except in 
prosecutions under city or town by-laws and ordinances, 
shall such entry fee be certified for payment to county 
treasurers or be paid by them. At the termination of a 
prosecution under such by-laws or ordinances, except 
those of the city of Boston, the clerks shall certify to 
county treasurers a schedule of the amount of fees taxed 
in each case, and the treasurers shall forthwith collect the 
same from the proper city or town. 

Section 3. No monthly instalment of the salary of 
clerks of courts shall be paid until all fees payable to the 
counties at the time such instalment of salary becomes 
due are paid over by such clerks to the county treasurers 
or other officers entitled to receive the same. 

Section 4. This act shall not affect any suit pending 
in any court of the Commonwealth. 

Section 5. All acts and parts of acts inconsistent 
WMth this act are hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved April 24, 1890. 



board of health. 



1390. _ CiiArTERS 210, 211, 212. 101 



An Act relating to undertakers in the city of i'.oston. (Jhai) 210 
Be it enacted^ etc., as foUotos: 

Sectiox 1. The board of health of the city of Boston undertakers in 
shall in each 3'ear license for a term of one year, begin- n^enBed'bythe 
ning with the first day of May, a suitable number of under- 
takers to take charge of the funeral rites preliminary to 
the interment of a human body, and may establish reason- 
able regulations for the government of said undertakers 
and for the fees to be paid for their services ; and no per- 
son shall engage in the business of an undertaker except 
persons so licensed. 

Section 2. Any person not licensed as above pro- Penalty, 
vided who engages in the business of an undertaker, or 
who, being so licensed, violates any of the regulations 
estal)lished by said board of health as hereinbefore pro- 
vided shall, on conviction thereof, be punished by a fine 
not exceeding fifty dollars for each oflence. 

Ax)proved April 24, 1890. 



Chop.2ll 



An Aot to provide for the disposal of the sewage from 
the reformatory prison for women. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons are hereby Disposition of 
authorized and required to dispose of the sewage from the refomnto'^ry ^ ^ 
reformatory prison for women by connecting the drains ^"men!^' 
of said prison with the sewerage system of the town of 
Framingham. The commissioners are also required, wliea 
the drains are connected as herein provided, to discontinue 
the method now in use for disposing of the sewage from 
said prison. 

Section 2. The commissioners may expend such a Expense not to 

. T r> Ai 1 1 11 1 excei"d $5,000. 

sum not exceeding five thousand dollars as may be neces- 
sary to carry out the purposes of this act. 

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

Approved April 24, 1890. 

An Act to incorporate the security safe deposit and trust (JJkxj) ,2i\.2i 

COMPANY IN THE CITY OF LYNN. 

Be it enacted, etc., as folloivs : 

Section 1. Benjamin F. Spinney, David J. Lord, ^^^'"J'^'j^an'd^ 
Luther S. Johnson, Samuel J, Hollis, James S. Newhall, Tmstcom- 
N. Everett Silsbee, Martin H. Hood, George J. Carr, porated. 



in city of Lynn. 



192 1890. — Chapters 213, 2U. 

William F. Morgan and Joseph N. Smith, their associates 
and successors, are hereby made a corporation by the 
name of the Security Safe Deposit and Trust Company, 
To be located to be located in the city of Lynn, with authority to estab- 
lish and maintain a safe deposit and trust company ; with 
all the powers and privileges and subject to all the duties, 
liabilities and restiictions set forth in all general laws 
which are now or may hereafter be in force relating to 
such corporations. 

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

Approved April 26, 1890. 



ChCtP.^\3 ^^ -^^^ '^® ESTABLISH THE SALARIES OF THE MEDICAL EXAMINERS 

FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., asfoUoios: 

ilshed!^ ^''^^" Section 1. In the county of Suffolk each medical 
examiner shall receive from the treasurer of the county, 
in full for all services performed by him, a salary of four 
thousand dollars a year from and after the first day of 
January in the year eighteen hundred and ninety. 

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

Ajyproved April 26, 1890. 



Ckap.2U 



An Act to incorporate the woman's board for foreign mis- 
sions OF THE AMERICAN CHRISTIAN CONVENTION. 



Be it enacted, etc., asfoUoivs. 



Woman's Section 1. Achsah E. Weston, Ellen G. Gustin, Mary 

Foreign Mis- J. Batchclor, Aunc E. Batchelor, Emily K. Bishop, Eliza- 
AmeHc'an"' bcth D. Bany, H. Lizzie Haley, Emily Coe, Annie E. 
venlioZnZ. Lewis, Mary H. B. Couse, Clara E. Rowell, Florence E. 
porated'. liowai'd, Jcnnic Garland, Lizze J. Barney, M. Emma 

Godley, Edith D. Cate, Kate M. Judy, Rebecca Kersh- 
ner, Jeannie M. Jones, Oriella K. Hess, Maude Schenk, 
Emma Rasmussen, Mattie P. Jackson, Nancy Slack, Linda 
N. Harcourt and Sarah E. Shaw, their associates and suc- 
cessors, are hereby constituted a body corporate under 
the name of the Woman's Board for Foreign Missions of 
the American Christian Convention ; with all the powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in the general laws which now are or 
may hereafter be in force relating to such corporations so 
far as the same may be applicable. 



1890. — Chapters 215, 216. 193 

Sectiox 2. The object and purpose of this corpora- Object and pur- 
tion shall be to collect, receive and hold moneys given by ^°^^' 
voluntary contributions, donations, bequests or otherwise ; 
and the same shall be exclusively expended in promoting 
the cause of foreign missions in connection with said 
American Christian Convention 

Sections. Said corporation is hereby authorized to Real and per. 
hold real and personal estate to an amount not exceeding to exceed 
twenty-five thousand dollars, to be devoted exclusively to ^"°'''°*^" 
the purposes and objects hereinbefore set forth. 

Section 4. Said corporation is hereby authorized to Meetings of 

,,-,. . . '■ i'r-i TT • 1 corporation. 

hold its meetmgs in any state or territory oi the United 
States or in the District of Columbia, and in the Dominion 
of Canada. 

Section 5. This act shall take effect upon its passage. 

Approved April 26, 1890. 

An Act relating to deposits of funds by certain public (JJiap.215 

OFFICERS. 

Be it enacted, etc., as folloivs : 

Section 1. Clerks of courts, including clerks of police, f^}^^^ ?!."'^ 

, . . , . . i,'^ K taiu public offi- 

district and municipal courts, justices of courts having no ceis to be de- 
clerks, sheriffs, masters of jails and houses of correction, uonarbanks.' 
having cash funds in their hands as such officers, beyond 
what is required for immediate use, shall make deposit 
thereof as trustees in some national bank located in the 
county in which said officers serve. If there is no 
national bank in said county, then such deposit shall be 
made in some national bank located in an adjoining 
county. 

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

^pj9roued April 26^ 1890. 

An Act relating to accounts and returns of certain pub- (JJi(in.216 

Lie officers. 

Be it enacted, etc., as folloivs : 

Section 1. Section five of chapter four hundred thirty- Accounts and 
eight of the acts of the year eighteen hundred eighty-seven tain public offi- 
is hereby amended so that hereafter the payments made ^ss?', 438, § 5. 
thereunder by the clerks of the municipal court of the 
city of Boston shall be made on or before the tenth day 
of each month and shall include the balances due and pay- 
able at the end of the next preceding month ; and so that 



194 



1890. — Chapter 217. 



Penalty for 

negleciing to 

record in cash 

book. 

1887, 438, §§ 3, 

5,6. 



Chap.2VJ 



the payments made by the other officers specified in said 
section shall be made on or before the tenth day of the 
months of January, April, July and October, said pay- 
ments to include the balances clue and payable at the end 
of the quarter next preceding the day of payment. 

Section 2. The several officers and persons named in 
section three of said chapter four hundred thirty-eight of 
the acts of the year eighteen hundred eighty-seven who 
shall neglect or refuse to comply with the requirements 
of section six of said act, and of section five of said act as 
amended in section one of this act, or who for a period of 
more than ten consecutive days shall neglect or refuse to 
record or cause to be recorded in the cash book pre- 
scribed by the controller of county accounts an accurate 
classification of all moneys received and expended or paid 
out by them in their official capacity, or by reason or on 
account of the same, shall be deemed guilty of a misde- 
meanor and shall be punished therefor by a fine of a sum 
not exceeding one hundred dollars for each oflence. 

Approved April 26, 1890. 

An Act to amend the charter of the city of somerville 
relating to its water board. 



Charter 
amended 



be appointed. 



Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Somerville, as 
soon after the organization of the city council elected at 
the next annual municipal election as may be convenient. 
Water board to shall appoint a water board of three persons, who shall 
respectively hold their offices, one for the term of three 
years, one for the term of two years and one for the 
term of one year from the first Monday of January in the 
year eighteen hundred and ninety-one, and until others 
shall be appointed and qualified in their stead ; and there- 
after the mayor of said city shall annually, as soon after 
the organization of the city council of said city as may be 
convenient, appoint a person in place of the member of 
said board whose term shall have expired ; the person so 
appointed to hold his office for the term of three years 
from and after the first Monday of January in the year in 
which such appointment shall be made, and until another 
shall be elected and qualified in his stead. Vacancies 
occurring in the said board may be filled by appointment 
by the mayor of said city at any time, the member so 
appointed to hold office only for the unexpired term of the 



Vacancies. 



1890. — Chapter 218. 195 



re- 

lom 



?ornerviIle 
siic Water 



inenibcr who has ceased to hold office. The mayor of said ^iaybe«- 

. , . . . 1 !• 1 moved fi„... 

City may whenever in his opinion the pubnc good may "ffice by mayor. 
require remove any of the members of said board. 

Section 2. All appointments or removal of members subject to ecu- 
of said board shall be subject to confirmation by the board niXrmen. ^ 
of aldermen of said city. 

Section 3. The persons appointed as aforesaid shall ^°'^ 
constitute the Somerville Mystic water board, and they i^o^^''^-^ 
shall have all the powers and rights conferred on the 
Somerville Mystic water board, as thereby constituted, 
by section sixteen of chapter one hundred eighty-two of 
the acts of the year eighteen hundred and seventy-one, 
entitled an act to establish the city of Somerville, or by 
or under other existing provisions of law. 

Section 4. The persons who at the time of this act oid board to 

. 1 . /T- i 1 1 1 A'. , ii i:^ •!! n T • hold ottiee iinlil 

taking etiect shall constitute the Somerville Mystic water new board is 
board shall continue to hold their offices as members of quaHiied. '^^ 
said board, and to exercise the powers and perform the 
duties thereof, until the members of the Somerville Mys- 
tic water board contemplated by this act shall have been 
aj)pointed and qualified as hereinbefore provided. 

Section 5. Section sixteen of chapter one hundred f^l^ g^jg"^ ^^^^* 
eighty-two of the acts of the year eighteen hundred and 
seventy-one is hereby repealed : provided, however, that 
the repeal of said act shall not afiect any act done or any 
right accruing or accrued or established or any proceeding 
had or commenced before the time, when this act shall 
take effect. 

Section 6. This act shall be submitted to the qualified fmSwe vote 
voters of the city of Somerville for acceptance at the next of the voters. 
annual municipal election held therein, and the affirmative 
votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. 

Section 7. So much of this act as authorizes the when to take 
submission of the question of its acceptance to the voters ^ 
of said city shall take effect upon its passage, but it shall 
not further take effect unless accepted by the voters of 
said city as herein provided. Approved April 26, 1890. 

An Act to fix the time of payment of certain fines and (7^rtr).218 

FOKFEITURES BY SHERIFFS. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter two hundred and p™s^"2'i7!T9.**' 
seventeen of the Public Statutes is hereby amended by 



19G 1890. — Chapter 218. 

striking out in the seventh and eighth lines the words 
" within one month after the receipt thereof", and insert- 
ing the words : — within ten days after the final adjourn- 
ment of the sitting of the court, — and by adding to the 
end of said section the followinof words : — and render 
to said treasurer, or in Sulfolk county to the collector, 
an account on oath of all sums which he has received 
since the next preceding sitting of the court, for fines, 
forfeitures, forfeited recognizances and costs, and the 
names of the persons from whom received and against 
whom awarded ; and if a sheriff" neglects for thirty days 
to render such account he shall be liable to a penalty of 
two hundred dollars, to be sued for and recovered of him 
in the same manner as is provided in section eleven, — so 
that said section as amended shall read as follows: — 
ft'c.rtoTe'certi- SectioH 9. All fiucs, forfeitures and costs imposed or 
courts^to ^he* ''^ awardcd in criminal prosecutions by the supreme judicial 
sheriff. court or supcHor court to the use of the Commonwealth, 

or any county, or the city of Boston, and all sums found 
to be due on forfeited recognizances, shall be certified by 
the clerks of said courts, under the direction of the courts, 
to the sheriff of the county, who alone, except as herein- 
after provided, shall be authoi'ized to receive them, and 
who shall, within ten days after the final adjournment of 
the sitting of the court, pay the same without deduction 
to the county treasurer ; and render to said treasurer, or 
in Suffolk county to the collector, an account on oath 
of all sums which he has received since the next pre- 
ceding sitting of the court, for fines, forfeitures, forfeited 
recognizances and costs, and the names of the persons 
from whom received and against whom awarded ; and if 
a sheriff' neglects for thirty days to render such account 
he shall be liable to a penalty of two hundred dollars, to 
be sued for and recovered of him in the same manner as 
is provided in section eleven. 
p'"g®"2i7,T8.^'^ Section 2. Section eight of said chapter is hereby 
amended in the seventh line by inserting after the word 
"fines" the words: — and costs, — so that the last sen- 
tence of said section as amended shall read as follows : — 
Clerks to certify jjje clcrks shall make and deliver to the treasurers of the 

to county treas- . ... 

iirers copies of rcspcctive couutics, citics, or towns, at the end of every 

bills of costs . . 

etc. ' term or as soon thereafter as may be, copies of all bills 

of costs which have been taxed and allowed, and certifi- 
cates of all fines and costs imposed by the respective 



1890. — Chapters 219, 220. 197 

courts, to the use of the Commonwealth, county, city, 
or town. 

Section 3. Section thirteen of said chapter is herel)y Kcpeai. 
repeaknl. 

Section 4. This act shall take effect upon its passage. 

Approved April 26, 1890. 

A\ Act to amend an act helative to tue appointment of (7/iaD.219 

ELECTION OFFICERS. 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and ninety-nine i8S4, 299, §7, 
of the acts of the year eighteen hundred and eighty-four is89°4i3,'§'2o. 
is hereby amended by inserting in the twelfth line thereof, 
after the word " a))pointment" the words: — 2^rovided, 
Jioicever, that not more than two of such election officers 
may be appointed from qualified voters not representing 
either of such two political parties, but without disturbing 
the equal representation of such two parties, — so that 
the first sentence of said section as hereby amended and 
as amended by section twenty of chapter four hundred 
and thirteen of the acts of the year eighteen hundred and 
eighty-nine shall read as follows : — Section 7. In each ^STmce°8^ 
voting precinct there shall be the following election offi- 
cers, that is to say: — The mayor at some time between 
the first and the twentieth day of September in each year 
shall, with the approval of the board of aldermen, appoint 
for each voting precinct one warden, one deputy warden, 
one clerk, one deputy clerk, four inspectors and four 
deputy inspectors, qualified voters in the ward of which 
such precinct forms a part, men of good repute and stand- 
ing, who shall equally represent each of the two political 
parties which cast the lai-gest number of votes in the 
Commonwealth at the annual election next preceding their 
appointment : provided, hoirever, that not more than two 
of such election officers may be appointed from qualified 
voters not representing either of such two political parties, 
but without disturbing the equal representation of such 
two parties. Approved April 26, 1890. 



Chap.220 



An Act to authorize the town of melrose to make an 
additional water loan. 

Be it enacted, etc., as follows: 

Section 1. The town of Melrose, for the purpose of Mehose water 

\ T , 1 ii Loan, Act of 

paying off and discharging water fund bonds to tne i89o. 



198 1890. — Chapter 221. 

amount of fifty thousand dollars, maturing July first, 
eighteen hundred and ninety, heretofore issued by said 
town under authority of chapter one hundred and sixty of 
the acts of the year one thousand eight hundred and 
seventy, may issue bonds, notes or scrip to an amount not 
Amount not to exceeding fifty thousaud dollars. Such bonds, notes and 

exceed $50,000. . i 1 1 , . i • p i i i -v r i ttt ^ 

scrip shall bear on their lace the words, Melrose Water 
Loan, Act of 1890 ; shall be payable at the expiration of 
periods not exceeding twenty years from the date of 
issue ; shall bear interest payable semi-annually at a rate 
not exceeding six per centum per annum, and shall be 
signed by the treasurer and be countersigned by the water 
commissioners of the town. The said town may sell such 
securities at public or private sale, but none of said bonds, 
notes or scrip shall be issued or sold except in compliance 
with a vote of the town. 

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

Approved April 26, 1890. 

Ch(lp.221 -^N Act to incorporate the Bradford library association. 

Be it enacted, etc., as follows: 
Bradford Sectton 1. William Cogswell, Olive R. Haseltine, 

Library Abso- . ® , . 

ciation, incor- Jamcs H. Durgm, Samuel W. Hopkmson, Martha De M. 

porated. ^^^^^^ Charlcs L. Ely, Francis H. Pearl, Mary E. Web- 

ster, M. Louise Kimball, Francis W. Anthony, Orestes 
West, Nellie G. Kimball, Arthur B. Oilman, Charles E. 
Wood and Joseph H. Pearl, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Bradford Library Association, for the formation and 
maintenance of a library, with or without a reading room, 
in the town of Bradford : with all the powers and privi- 
leges and subject to all the duties and liabilities set forth 
in the general laws which now are or hereafter may be in 
force and applicable to such a corporation. 

8o1fai*e"tMtenot SECTION 2. Said coi'poratiou may purchase or take as 

fiTO ooo!^ devisee and hold real and personal estate to the amount of 

one hundred thousand dollars for the purposes aforesaid, 
besides such property as it may have or acquire in books 
and objects of curiosity and art. 

^rporation^ '^"^ Sections. Said corporation shall consist of at least 
thirty and not more than fifty members, residents within 
the present territorial limits of the town of Bradford, to 
be elected by the corporation by ballot, together with the 



1S90. — Chapter 221. 190 

selectmen and school committee of said town for the time 
being, who shall be members of the corporation ex officiis. 

Section 4. The manao-ement and control of the property Property to be 
of said corporation, subject to its l)y-la\vs, shall be vested board of nine 
in a board of nine trustees who shall be elected by said ^''^*'^'"^8. 
corporation from its members by ballot. At the first 
election three of said trustees shall be elected for one 
year, three for two years and three for three years, and 
thereafter said trustees shall be elected for three years, 
one-third thereof to be elected annually ; except that 
members of the corporation ex officiis shall be trustees 
only for the terms of their respective offices. Whenever vacancies. 
11 vacancy occurs in said board of trustees said corporation 
shall till the same for the unexpired term. Said trustees 
shall choose from their number a president, a clerk and a 
treasurer, wdio shall also serve as the like officers of the 
corporation, and shall hold their positions for the term of 
one year or until their successors are chosen and quali- 
fied. In the choice of members of the corporation and fo'be'mlTde'on 
the board of trustees, or the before named officers, no account of sex. 
distinction shall be made on account of sex. 

Section 5. Said trustees may, subject to the approval j^akeTeglTia^ 
of the corporation, make such by-law^s and regulations for tions. 
the management of the property and for the use of the 
library and anything connected therewith as they may 
deem best for carrying out the purposes thereof. 

Section 6. Said corporation may receive and hold, ^^°lf^°yl 
for the purposes aforesaid, any grants, donations or giams and be- 
bequests, under such conditions and rules as may be pre- 
scribed in such grants, donations and bequests : provided, Proviso. 
that the same are not inconsistent with the provisions of 
law or with anything contained in this act. Said corpora- 
tion may make such by-laws for its government as it may 
see fit. 

Section 7. Said corporation shall allow the inhabi- J„",^f^^^have^ 
tants of the town of Bradford the free use of said library free use of 

1 T 1 1 • 1 1 libi»ry, etc. 

and any reading room connected therewith under reason- 
able regulations ; and the said trustees may grant the 
privilege of any reading room to, and permit the use of 
the library by, persons not inhabitants of the said town 
under such restrictions as said trustees may deem proper. 
And the said corporation shall hold all property received 
by it, in trust, for the benefit of the said inbal)itants for 
the purposes set forth in this act or any amendment 



pense, etc. 



200 1890. — Chapter 222. 

thereof, unless some contrary provision is attached to a 

grant, donation or bequest to it. 
JoTdVilp.'^' Sectiox 8. The said town of Bradford may appro- 
propiiate priatc monev and pay the same annually or more fre- 

money towards '^ '' ^'', t r- • ^ 

payiDgex- quently to said corporation towards defraymg the expense 
of maintaining and increasing said library, including the 
salary of a librarian and of any necessary assistants, and 
towards the expense of the care of said library or any 
library building which may be provided therefor, and for 
the purchase of land and the erection thereon of any such 
building, or for any purpose for carrying out the pro- 
visions of this act or any amendment thereof; and the 
said town or its successors may also pay over to said cor- 
poration for the use of the library any money by law 
applicable to the use of a town library, or any portion 
thereof. The town of Bradford is hereby authorized to 
transfer to said corporation all or any funds which said 
town may now hold, or may hereafter receive for the 
uses set forth in this act or any amendment thereof, to 
be received and applied by said corporation in like man- 
ner as if held by said town. 

Section 9. This act shall take effect upon its passage. 

Approved April 26, 1890. 



Chap 



.222 ^^ ^^'^ RELATIVE TO THE FOKFEITDRE OF CORPORATE MEilBER- 
SniP IN SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 



Be it enacted, etc. , as folloios : 

n%iS.^''^^° Section 1. Chapter one hundred and twenty of the 
acts of the year eighteen hundred and eighty-eight is 
hereby amended by striking out the word "shall" after 
the words " his membership", in the second sentence of 
said chapter, and inserting in place thereof the word: — 
may, — so that the chapter as amended shall read as fol- 
m°era1Jer8hii/in ^o^^^ ' — Evcry such Corporation may, at a legal meeting, 
eavinga banks, elcct by ballot any citizen of this Commonwealth to be 
a member thereof; and any person may, at an annual 
meeting, cease to be a meml)er, if he has filed Avith the 
treasurer a w^'itten notice of his intention so to do three 
months at least before such meeting. If a member fails 
to attend two consecutive annual meetings his membei'T 
ship may be declared forfeited by vote of the corporation 
at its next annual meeting : j^roi'^V/er/, hoicever, that the 
member shall be notified of such proposed vote by letter 



1890. — Chapters 223, 224. 201 

duly Jiddressed to his last and usual place of abode and 
mailed at least three months prior to such annual meeting. 
Sueh action and vote recorded shall be considered evidence 
of forfeiture of membership. No person shall continue to 
be a member after removing from the Connnonwealth. 
Section 2. This act shall take etiect upon its passage. 

Ajjproved April 26, 1890. 



An Act to puovide fou returns and publication of the 
numbkr of assessed polls, registered voters and ballots 
cast at city, town and state elections. 



O/mp.223 



Be it enacted, etc., as follows : 

Section 1. At the close of each registration of voters Registrars to 
the registrars of voters of each city and town shall forth- ['aryon'heuom- 
with certify to the secretary of the Commonwealth the n'ouweaiih 

1 /» 1 II 1 1 1 n • 1 number or 

number ot assessed polls and the number ot registered assessed poiis 

. . I . . . . . 1 . J 1 • • 1 1 and registered 

voters m each voting precinct or in each town not divided voters. 
into voting precincts. 

Section 2. City and town clerks shall certify to the cierkstocer- 
secretary of the Commonwealth within tifteen days after fifferacuiys 
the day of an election for city, town or state officers the "o^tlfcasun ^.-h 
total number of ballots cast in each town or votins: precinct to^'? or voting 

. 1 , . . '^ *■ precmct. 

at such elections. 

Section 3. The secretary of the Commonwealth shall ^epoft'Yo^iTe 
report to the legislature, on or before the first day of '^g's'a'u'e- 
February of each year, the number of assessed polls, the 
number of registered voters at the date of the last preced- 
ing city, town and state elections, and the total number 
of ballots cast at such elections in each city, town or 
voting precinct. Said report shall be one of the series To be a public 
of public documents, and fifteen hundred copies shall be °'^""''" ■ 
printed annually. Approved April 26, 1890. 

An Act concerning appeal bonds in actions of replevin. (7Agt).224: 
Be it enacted, etc., as follows : 

Section 1. When an appeal is claimed by a plaintiff ^^.f'i^.^^s'o" re- 
in a replevin suit from any judgment of a municipal, p'«"a. 
district or police court, or trial justice, no bond, recogni- 
zance or deposit shall be required for the allowance of such 
appeal. 

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

Approved April 26, 1890. 



202 



1890. — Chapters 225, 226. 



Ch<Xp.'2t2i^ ^^ ^^"^ "^O PROVIDE Fl'RTHER AVITH REGARD TO THE ISSUE OF A 
SUMMONS IN MINOR CRIMINAL PROSECUTIONS. 

Be it enacted, etc., as folloios : 

Section sixteen of chapter two hundred and twelve of 
the Public Statutes is hereby amended so as to read as 
follows : — Section 16. Upon a complaint for a criminal 
oflence within the jurisdiction of trial justices a summons 
shall issue instead of a warrant for arrest, unless in the 
judgment of the court or magistrate receiving the com- 
plaint there is reason to believe that the accused will not 
appear upon a summons. Approved April 26, 1890. 



p. S. 212, § 16, 
amended. 

Summons to 
issue instead of 
warrant of 
arrest. 



May construct 
and maintain a 
ej-stera of 
sewerage, etc. 



May take lands, 
flats, etc. 



Ch(lV.22G ^^ ^^^ '^^ AUTHORIZE THE CITY OF GLOUCESTER TO CONSTRUCT 
AND MAINTAIN A SYSTEM OF SEWERAGE AND SEWAGE DISPOSAL. 

Be it enacted, etc., as follows : 

Section 1. The city of Gloucester is hereby author- 
ized, by and through the agency of such persons or com- 
mittee as the city council of said city in joint convention 
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 been 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 Gloucester neces- 
sary for the establishment of such a system of sewerage 
and sewage disposal, together with the outlet or outlets 
for the discharge of the sewage into tide-water, and the 
connections therewith. Assessments for defraying 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 cha[)ter 
fifty of the Public Statutes and acts in amendment thereof; 
and all the provisions of said chapter and acts applicable 
shall ai)ply 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 : i^rovided, that it shall not pay less 
than one-third nor more than one-half 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, 



Assessments for 
expense of con- 
structing, etc. 
P. S . 50. 



Proportion of 
cost the city 
may pay. 



A description 
of land, etc., 
taken, to be re- 
corded iu regis- 
try of deeds. 



1890. — Chaptek 226. 203 

under and by virtue of this act, file or cause to be recorded 
in the reuistry of deeds for Essex county a description 
thereof sutiiciently accurate for identification, with a state- 
ment of the purpose for wliich the same was taken, signed 
by the persons or committee provided for in section one. 

Section 5. Said city shall pay all damages sustained damages, 
by an}' person or corporation in property by reason of such 
taking; and any person or corporation sustaining damages 
as aforesaid, who fails to agree wdth said city as to the 
amount of damages sustained, may have the damages 
assessed and determined in the manner provided by law 
when land is taken for the laying out of highways, on 
application at any time within the period of two years 
from the taking of such land or other property. 

Section 6. Said city may, for the purposes of this May carry 
act, carry its sewers under any street, wharf, railroad, Bti-eet8,"ways, 
highway or other way in such manner as not unnecessarily p.'^g'^lt' '^^°" 
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. Said city shall in 
respect to all work and structures in tide-w^ater below high 
water mark be subject to the provisions of chapter nine- 
teen of the Public Statutes and of any other laws which 
are or may be in force applicable thereto. 

Section 7. In every case of a petition for the assess- city may offer 

./•I ... ., • 1 •! • a:- • that a specified 

ment ot damages or tor a jury the said city may oiler in sum may be 
court and consent in writing that a sum therein specified '»^^^''^'''^- 
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 otfer, and shall not 
finally recover a greater sum than the one offered, not 
including interest on the sum recovered in damages from 
the date of the offer, the city shall be entitled to recover 
its costs after said date, and the complainant if he recovers 
damages shall be allowed costs only to the date of the offer. 

Section 8. Whenever the city council of said city construction 

'' ij.i'i co«iimittee to te 

votes to construct a system ot sewerage under tiiis act, elected to ca 

di , 1 -ji • ^ T £• tract for con 

elects such persons or committee as are provided tor gtructionof 

in section one of this act, said persons or committee and system, etc. 
their successors in otEce shall constitute a construction 
committee to contract for the construction and completion 
of the whole or any part of the system of sewerage author- 
ized by this act ; all such contracts to be first submitted 
to said city council for its approval ; and said persons or 



con- 
• con- 



204 1890. — Chapter 227. 

committee shall exercise all 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 exercise all the rights, powers 
and authority granted to said city relative to the duties 
appertaining thereto. 
sewe'iToan.Act Section 9. The Said city may for the purposes of pay- 
or is9o,-not to in or the necessary expenses and lial)ilities incurred under 

exceed §400,000. >"^ . . "{..■,• , • t- .• j. x' l 1 

the provisions ot this act issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggre- 
gate four hundred thousand dollars beyond the limit of 
indebtedness fixed by law for said city. Such bonds, 
notes or scrip shall bear on the face thereof the words, 
Gloucester Sewer Loan, Act of 1890 ; shall be payable at 
the expiration of periods not exceeding forty years from 
the date of issue, and shall bear interest payable semi- 
annually at a rate not exceeding six per centum per annum ; 
ProviHionsnf 1^^ \\^q provisious of chapter twenty-nine of the Public 
129, t J apply to Statutes and of chapter one hundred and twenty-nine of 
an^d sinking ^ 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. 
ce'S'uncebra Section 10. This act shall be submitted to the quali- 
majoiity vole, fled votci's of the city of Gloucester for its acceptance, 
and shall" not take effect unless a majority of such voters 
present and voting in their respective wards, at a legal 
meeting, shall within ninety days from its passage deter- 
mine by a majority of ballots to adopt the same. 

Approved April 26, 1890. 

GhdV.^'ll An Act in helation to the records of churches or religious 

SOCIETIES WHICH HAVE CEASED TO HAVE A LEGAL EXISTENCE. 

Be it enacted, etc. , as foUoivs : 

Amendment to Scction fiftccn of chaptcr thirty-seven of the Public 
Statutes is hereby amended by adding at the end thereof 
the following : — If the person having possession of such 
records or registries neglects to deliver them to the clerk 
of the city or town entitled to receive them as aforesaid, 
such clerk shall demand the same, — so that as amended 

Records of the scctiou sliall read : — Section 15. When a church or 

certain churches ... ., .■ ii'i iji 

or religious rcligious socicty ccascs to havc a legal existence, and the 

societies. ^^^^^ ^^^ j^^ I'ccords and registries is not otherwise provided 

for by law, the person having possession of such records 



1890. — Chaptees 228, 229. 205 

or registries shall deliver them to the clerk of the city or 
town in which such church or society was situated, and 
such clerk may certify copies thereof. If the person hav- 
inof possession of such records or registries neglects to 
deliver them to the clerk of the city or town entitled to 
receive them as aforesaid, such clerk shall demand the 
same. Approved April 26, 1890. 



Cha2}.22S 



An Act to incohpouate the title forgeries prevention 

COMPANY. 

Be it enacted, etc., as foUoivs: 

Section 1. Samuel C. Cobb, Charles U. Cotting, Title Forgeries 
Moses "Williams, Francis V. Balch, Frederick C. Bow- corapanyjn- 
ditch, Arnold A. Rand, Grenville H. Norcross, James R. JPTm!"- 
Garret and Alexander S. Porter, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the Title Forgeries Prevention Company, for the purpose 
of preventing forgeries and frauds affecting the security of 
real estate titles in this Commonwealth, and for furthering 
the discovery and punishment of persons guilty of such 
offences ; w'ith all the powers and privileges and subject to 
all the duties, liabilities and restrictions set forth in chap- 
ter one hundred and fifteen of the Public Statutes and acts 
amendatory thereof, which now are or may hereafter be 
in force, so far as the same may be applicable to this 
corporation. 

Section 2. Said corporation shall be located in the personal estate 



city of Boston, and for the purposes aforesaid may hold 1% 
personal estate to an amount not exceeding ten thousand 
dollars. A2yproved April 26, 1890. 



not to exceed 



uoo. 



C7iap.229 



An Act to prohibit the use of set nets and gill nets within 
one-half mile of the shores of the town of mattapoisett. 

Be it enacted, etc., as follows : 

Section 1. Section four of chapter one hundred and is86,i92 §4, 

• f ^ >i •! 111T amended. 

nmety-two oi the acts of the year eighteen hundred and isst, m, § i. 
eighty-six, as amended by section one of chapter one hun- 
dred and ninety-seven of the acts of the year eighteen 
hundred and eighty-seven, is hereby further amended by 
striking out all after the word " Fairhaven ", in the twelfth 
line of said section, so as to read as follows : — Section 4. Not to interfere 
Nothing contained in this act shall be construed to interfere nghts'^^flsh'^^ ^ 
with the corporate rights of any fishing company located rfs^gMTo, 



206 1890. — Chapters 230, 231. 

on said bay, nor to in any way affect the fish weirs men- 
tioned in section seventy of chapter ninety-one of the 
ueeofnftToT PubHc Statutcs, Hor to the use of nets or seines in lawful 
eeines. fisheries for shad or alewives in influent streams of said 

bay, nor to the use of set nets or gill nets in the waters 
of the town of Fairhaven within a line drawn from Cor- 
morant rock southwesterly to the buoy on West island 
rips and from thence westerly in a straight course through 
the buoy on West island ledge to the town line of 
Fairhaven. 

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

Approved April 26, 1890. 

ChCip.230 ^^ '^'^^ '^^ PROVIDE FOR LICENSING PERSONS TO KEEP MORE THAN 
FOUR HORSES IN CERTAIN BUILDINGS OR PLACES. 

Be it enacted, etc., as follows: 
moi^e'Th!i°1ou? Section thirty-nine of chapter one hundred and two of 
ucea^sed"*^ ^^ ^^^^ Public Statutcs is hcrcby amended so that the same 
p. s. 102, §39. shall read as follows: — Section 39. The mayor and 
aldermen of any city except Boston, the police commis- 
sioners of Boston, and the selectmen of any town, may 
license suitable persons to keep more than four horses in 
certain specified buildings or places within their respec- 
tive cities and towns, and may revoke such license at 
Penalty. pleasure. Whoever, not being licensed as aforesaid, 

occupies or uses any building or place for a stable for 
more than four horses, shall forfeit a sum not exceeding 
fifty dollars for every month he so occupies or uses such 
l)uilding or place, and in like proportion for a longer or 
s.j.c.raay shorter time. And the supreme iudicial court, or a ius- 

isaue injunction. • i ,. . . '■ "^ . "^ 

tice thereof, in term tmie or vacation, may issue an 
injunction to prevent such occupancy or use without such 
license. Approved April 26, 1890. 

ChCip.^ioX ^^ ^^^ RELATIVE TO FISHING IN UNNAVIGABLE TIDAL STREAMS. 

Be it enacted, etc., as follows: 

p.'s!°9i?§™i.'° Section thirty-one of chapter ninety-one of the Public 
Statutes is hereby amended by striking out the words 
"The owner of an unnavigable tidal stream where the 
same empties into salt water, and ", in the first and sec- 
ond lines, and inserting in place thereof the words : — 
The riparian proprietor on an unnavigable tidal stream, 
whether the waters of the same are enclosed or not, — 



2890.— Chapter 232. 207 

and is hereby further amended by striking out the word 
" also ", in the fourth line of said section, and inserting in 
place thereof the words : — a riparian proprietor at the 
mouth of such stream shall also have control of the fishing 
thereof, — and b}^ adding after the word " premises", in 
the fourth line of said section, the words : — and opposite 
thereto to the middle of the stream, — so that said section 
shall read as follows: — Section 31. The riparian pro- Riparian pro- 
prietor on an unnavigable tidal stream, whether the waters coniro'i oV^"^^ 
of the same are enclosed or not, in which fishes are ^^i^ery. 
lawfully cultivated or maintained, shall have the control 
of the fishery thereof within his own premises and oppo- 
site thereto to the middle of the stream, and a riparian 
proprietor at the mouth of such stream shall also have 
control of the fishing thereof beyond and around the 
mouth of the stream so far as the tide ebbs, provided it 
does not ebb more than eighty rods ; and whoever fishes 
within these limits without permission of such owner 
shall forfeit not less than one dollar nor more than 
twenty dollars for the first offence, and not less than five 
nor more than fifty dollars for any subsequent offence ; 
and shall in addition forfeit any l)oat and apparatus used 
in such illegal fishing. Approved April 26, 1890. 



An Act to enable the city of fitchburg to incur indebted- 
ness FOR the purpose OF CHANGING AND FURTHER EXTENDING 
ITS WATER PIPES. 



Chap.232 



Be it enacted, etc., as follows: 



Section 1. The city of Fitchburg, for the purpose of May incur ad- 

... I- 1 • • 1 • uuional indebt- 

replacmg its cement Imed water pipes with iron water edaeesfor 
pipes, and for the further extension of its water pipes, usw'ater^fpes. 
may incur indebtedness to an amount not exceeding one i^sf, 129. 
hundred thousand dollars in addition to the amount here- 
tofore authorized by law to be expended for water pur- 
poses ; and may from time to time issue bonds, notes or scrip 
therefor, to be denominated Fitchburg Water Bonds, pay- 
able in periods not exceeding twenty years from the date 
of issue and bearing a rate of interest, payable semi-annu- 
ally, not exceeding four per cent, per annum ; but the 
provisions of chapter twenty-nine of the Public Statutes 
and of chapter one hundred and twenty-nine of the acts 
of the year eighteen hundred and eighty-four shall in all 
other respects apply to the issue of said bonds, notes or 



208 1890. — Chapters 233, 234. 

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 April 26, 1890. 



Chap.^'^S ^^ Act to authorize the town op" reading to make an addi- 
tional WATER LOAN. 

Be it enacted, etc. , as foUoivs : 

^dui^naf water SECTION 1. The towu of Reading, for the purposes men- 
loao. tioned in section six of chapter four hundred and five of the 

acts of the year eighteen hundred and eighty-nine, may 
issue bonds, notes or scrip, to be denominated on the face 
thereof Reading Water Loan, to an amount not exceeding 
fifty thousand dollars in addition to the amount hereto- 
fore authorized by law to be issued by said town for the 
same purposes ; said bonds, notes or scrip to be issued 
upon the same terms and conditions and with the same 
powers as are provided in said act for the issue of the 
the'whoir'^''^" Reading water loan by said town: provided, the whole 
$150,000. amount of such bonds, notes 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 amount of one hundred and fifty thousand 
dollars. 

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

Approved April 26, 1890. 



ChCin.^34: ■A^ ^^"^ "^^ authorize THE CITY OF NEWTON TO SUPPLY THE 

TOWN OF NEEDHAM WITH WATER. 

Be it enacted, etc., as follows: 

may "ur^X'"'' Section 1. The city of Newton is hereby authorized to 
Needham with fumish fi'om its watcr supply to the town of Needham, 

a pupply of . L L %/ ' 

water. or to any portion thereof, a supply of water for the use 

of said town of Needham and its inhabitants, for the 
extinguishment of fires and for domestic purposes ; and 
may contract with said town of Needham for such supply 
of water on such terms as may be agreed upon between 
said city and said town. 

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

Approved April 26, 1890. 



1890. — Chaptees 235, 236, 237. 209 



An Act to althokize the toavn of sandisfield to pay a ni^rij) 9'^'^ 

CERTAIN BOUNTY. 1 ' ' ' 

Be it enacted, etc., as folloivs: 

Section 1. The town of Sandisfield is hereby author- May pay a 
ized to raise by taxation a sum of money not exceeding Levi.). Rich. 
one hundred and twenty-five dollars, and to appropriate *'^''*°°' 
the same to the payment of a bounty to Levi J. Richard- 
son : provided, that said town shall not be reimbursed 
by the Commonwealth for any money paid under the 
authority of this act. 

Sectiox 2. If said Levi J. Richardson has died, or in case of 
shall die before he receives his bounty, it shall be paid to widow, etc. 
to his widow ; or if he leaves no widow it shall be paid to 
his lawful heirs. 

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

Approved April 26, 1890. 

An Act to authorize the town of Randolph to pay a (JJidj) 93(3 

CERTAIN BOUNTY. 

Be it enacted, etc., as follows: 

Section 1. The town of Randolph is hereby author- May pay a 
ized to raise by taxation a sum of money not exceeding chur'eaTiies- 
one hundred dollars, and to appropriate the same to the ^°"' 
payment of a bounty of one hundred dollars to Charles 
Tileston : j)rovided, that said town shall not be reimbursed 
by the Commonwealth for any money paid under the 
authority of this act. 

Section 2. If said Charles Tileston has died, or shall ^°';^we°to'^'"'^^' 
die before he receives his bounty, it shall be paid to his widow, etc. 
widow ; or if he leaves no widow it shall be paid to his 
lawful heirs. 

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

Ajyproved April 26, 1890. 

An Act relative to the destruction of foxes and raccoons (JhaTyJ^Sl 
IN the county of dukes county. 

Be it enacted, etc., as follows: 

Section 1. Whoever knowingly introduces into the Foxes and 

,. T-\ \ r^ ii'i"^ 1 • ly raccoons not to 

county ot Dukes County and liberates therem any lox or beiiberatedin 
raccoon shall be punished for each offence by a fine of not c°ou"uty°under'^^ 
less than twenty-five dollars nor more than fifty dollars, P«°»'iy- 



210 1890. — Chapters 238, 239, 210. 

or by imprisonment in the county jail not exceeding 
thirty days or by both such tine and im[)risonment. 
Ilrrcuou^.*"' '^''' Section 2. The county commissioners of the county 
of Dukes County are hereby empowered to offer a reward 
for the destruction of foxes and raccoons, and to authorize 
the payment of the same from the county treasury, upon 
])roper proof of such destruction. 

Approved April 26, 1890. 

Chap.2oS ^^ -^^"^ TO ESTABLISH THE SALARY OF THE JUSTICE OF THE 
DISTRICT COURT OF CENTRAL MIDDLESEX. 

Be it enacted, etc., as folloios: 
saj^ary estab- SECTION 1. The Salary of the justice of the district 

court of central ^Middlesex shall be eight hundred dollars 
per annum from the first day of January in the year 
eighteen hundred and ninety. 

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

Approved April 26, 1S90. 

(7Art79.239 -^N ■'^CT CONCERNING THE EMPLOYMENT OF CLERKS AM) OTIIIK 
ASSISTANCE IN THE DEPARTMENT OF THE SECRETARY OF THE 
COMMONWEALTH. 

Be it enacted, etc., as folloios : 
Clerks and mes- Section 1. The Secretary of the Commonwealth is 

eeiiger. i i i • i i t 

hereby authorized to cni]iloy, at an expense not exceeding 
thirteen thousand 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 at a rate 
exceeding twelve hundred dollars a year. 
^'^P^'*'- Section 2. Section one of chapter one hundred and 

one of the acts of the year eighteen hundred and eighty- 
nine is hereby repealed. 

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

Approved April 26, 1890. 

(JJlC/V. 24:0 ^^ ^^^^ '^** AMEND AN ACT AUTHORIZING TOWNS AND CITIES TO 
LAY OUT PUBLIC PARKS WITHIN THEIR LIMITS. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter one hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-two, entitled An Act authorizing towns and cities 
to lay out public [)aiks within their limits, is hereby 



Amendmptit to 
1S82, 154, § I. 



1890. — Chapter 241. 211 

amonded by strikini:' out tVoni the hist sentence of siiid sec- 
tion the following words " or other otficer", and inserting 
in phice thereof the words : — or treasurer or clerk, — so 
that said section as amended shall read as follows : — 
Section 1. Any town in this Commonwealth which Park eommis- 

, . . /• ^ 1 • J • J 1 1 • sioncrs to be 

accepts the provisions ot this act in the manner nei'ein- elected or 
after prescribed may, at a legal meeting called for the '''^''°'" ' 
purpose, elect three competent persons who shall consti- 
tute a board of park commissioners for such town, and 
may prescribe their terms of office ; and the mayor of any 
cit}' which in such manner accepts said provisions may, 
with the approval of the city council, as soon as may be 
after such acceptance, appoint five competent persons who 
shall constitute a board of park commissioners for such 
city, and who shall hold their offices until the expiration 
of terms of one, two, three, four and five years respec- 
tively, from the first Monday in May next following such 
appointment ; and the mayor shall, before the first Monday 
in May in each year thereafter, with like approval appoint 
one such commissioner to continue in office for five years 
from the expii'ation of the term of the commissioner then 
next outgoing. No person shall be such commissioner who Not to hold 

,,1^,. 1, , 11 certain other 

is at the same time a selectman, or treasurer, or clerk offices. 
of such town, or a member of the city council, clerk or 
treasurer of such city ; and any such commissioner may 
be removed by a vote of two-thirds of the legal voters of 
such town, at a legal town meeting called for the purpose, 
or by a concurrent vote of two-thirds of the whole of each 
branch of such city council. 

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

Approved April 30, 1890. 



Chap.2i\ 



An Act to define and establish the boundary line between 
the towns of littleton and boxborough. 

Be it enacted, etc., as foHoivs : 

Sectiox 1. The boundary line between the towns of poundarj- lim- 
Littleton and Boxborough, near the farms of Olive L. Hall ton and box- 
and Henry T. Taylor, is hereby defined and established defined.' 
as follows : — Beginning upon the present boundary line 
between said towns at a point on the road which leads 
from Littleton to Hartw^ell's crossino- where a stone monu- 
raent now stands ; thence running in a straight line south, 
fifty-one degrees we.st, along or near the boundary w^all 
between the land of said Hall and the land of Samuel Sar- 



212 1890. — Chapter 242. 

Boundary line gent to the Southerly corner of land of said Hall at the 
intersection of two walls at land of Ephraim Cobleigh, 
sixty-eight rods ; thence running in a straight line north, 
forty-three degrees twenty-tive minutes west, over land 
of said Hall to and continuing across the road leading 
northerly from the house of said Cobleigh to a point on 
the westerly side thereof, at which point the southerly 
boundary wall of said Taylor's farm meets the said road, 
one hundred and twenty rods ; thence running in a straight 
line south, sixty-eight degrees west, by said southerly 
boundary wall and by land of said Cobleigh to an angle 
in the wall, forty-eight rods ; thence running in a straight 
line north, thirty-one degrees west, and crossing said road 
and continuing over land of said Taylor to an angle in the 
w^all which divides land of said Taylor from land of Albert 
W. Campbell, eighty-one rods ; thence running in a straight 
line north, twenty-four degrees west, over land of said 
Taylor, one hundred and forty rods to the present boun- 
dary line between said towns, and so re-uniting therewith 
at a point thereof distant south-easterly two hundred and 
thirty rods measured on and along said last mentioned 
line from its point of beginning as described in an act for 
settling the line between Littleton and Boxborough, passed 

1794°^ ^''^■^°' February twentieth in the year seventeen hundred and 
ninety-four. All the territory in said towns lying north- 
erly from the above said described line shall be and remain 
in the town of Littleton and all the territory lying south- 
erly from said line shall be and remain in the town of 
Boxborough. 

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

Approved April 30, 1890. 

Oh(lV.24:2i ^^ ^^'^ ^^ RELATION TO THE TABLES OF AGGREGATES REQUIRED 

TO BE MADE BY ASSESSORS OF TAXES. 

Be it enacted, etc. , as follows : 

1887,* 86,' ^ ^*' Section 1. Section fifty-four of chapter eleven of the 

amended. PubHc Statutes, as amended by chapter eighty-six of the 

acts of the year eighteen hundred and eighty-seven, is 
hereby further amended so as to read as follows : — Sec- 
giu^atoie^^'^^' ^^^^ ^^- The assessors shall fill up the table of aggregates 
made by assess- by au enumeration of the necessary items included in the 

ore of taxes. i. i. t . i -iii i 

lists ot valuation and assessments required by law, and 
shall on or before the first day of October in each year 
deposit in the oflSce of the secretary of the Commonwealth 



1890. — Chapter 243. 213 

an attested copy of the same, containing, — First. Tlie Tabic of 
number of residents assessed on property, specifying the "^^''''S'"''- 
number of individuals and the number of tirms, corpora- 
tions, associations, institutions, trustees, and so forth. 
Second. The number of non-residents assessed on prop- 
erty, specifying the number of individuals and the number 
of tirms, corporations, associations, institutions, trustees, 
and so forth. Third. The whole number of persons 
assessed, specifying the number assessed for a tax on 
property'' and the number assessed for a poll tax only. 
Fourth. The number of polls assessed, specifying the 
number of male polls and the number of female polls. 
Fifth. The tax on each poll, male or female. Sixth. 
The value of personal estate assessed, specifying the value 
of the same excluding resident bank stock, and the value 
of resident bank stock. Seventh. The value of real 
estate assessed, specifying the value of buildings exclusive 
of land and of land exclusive of buildings. Eighth. The 
total valuation of assess-ed estate in the city or town. 
Ninth. The tax for state, county and city or town 
purposes, including overlayings, specifying the amount 
assessed on personal estate, on real estate and on polls. 
Tenth. The rate of total tax per one thousand dollars. 
Eleventh. The number of horses assessed. Twelfth. The 
number of cows assessed. Thirteenth. The number of 
sheep assessed. Fourteenth. The number of neat cattle, 
other than cows, assessed. Fifteenth. The number of 
swine assessed. Sixteenth. The number of dwelling- 
houses assessed. Seventeenth. The number of acres of 
land assessed : provided, that in the case of the city of 
Boston said copy may be deposited in the office of the secre- 
tary on or before the first day of November in each year. 

Section 2. The blank forms of the tables of aggregates Blank forms to 
])rovided for by section iifty-two of chapter eleven of the 
Public Statutes shall be so changed as to include the items 
for which provision is made in the foregoing section. 

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

Approved April 30^ 1890. 



Chcip.2\^ 



An Act to amend the public statutes relating to co- 
operative BANKS. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and p'^®°''"''|'"° 
seventeen of the Public Statutes is hereby amended by 



214 



1890. — Chapter 244. 



Co-operative 
banks may be 
incorporated. 



striking out the words " be and remain", in the fifth line, 
and inserting in place thereof the words : — by and with 
the consent of the board of commissioners of savings 
banks, become, — so that the section as amended shall 
read as follows : — Section 1. Twenty-five or more per- 
sons who associate themselves together by an agreement 
in writing with the intention of forming a corporation for 
the purpose of accumulating the savings of its members 
paid into such corporation in fixed periodical instalments 
and lending to its members the funds so accumulated shall, 
by and with the consent of the board of commissioners of 
savings banks, become a corporation upon complying with 
the provisions of the three following sections. 

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

Approved April 30, 1890. 



Chap 



May ispue 
bonds and may 
morlgjige 
franchises, etc., 
as security. 



To bear interest 
not exceeding 
six per cent. 



Not to exceed 
oue-half of 
capital Btocli 
paid in. 



Former action 
of corporation 
made valid. 



.244 "^^ ^^^ ^^ AUTHORIZE THE GREENFIELD ELECTRIC LIGHT AND 
POWER COMPANY TO MORTGAGE ITS PROPERTY AND FRANCHISES. 

Be it enacted, etc., as follows: 

Section 1. The Greenfield Electric Lio;ht and Power 
Company of Greenfield may from time to time, upon the 
vote of a majority in interest of its stockholders at any 
meeting called for the purpose, issue coupon or regis- 
tered bonds to provide means for payment of any of its 
debts or obligations or for the payment of money bor- 
rowed for any lawful purpose ; and may mortgage or 
pledge as security for the payment of such bonds its 
franchises and any or all of its estate, real or personal. 

Section 2. Such bonds shall be issued in sums of not 
less than one hundi'cd dollars each and be payable at 
periods not exceeding twenty years from their date, and 
bear interest not exceeding six per cent, per annum pay- 
able annually or semi-annually; and, if so voted, may be 
made redeemal)le at the pleasure of the company after any 
time fixed before maturity. 

Section 3. The amount of such bonds issued, including 
the amount of all bonds previously issued under this act 
and outstanding, shall not exceed one-half of the capital 
stock of said corporation actually paid in at the time of 
issue. Any mortgage securing such bonds may be made 
to one or more trustees for the benefit of the holders and 
ma}' contain a power of sale. 

Section 4. Sail corporation having on the twenty- 
first day of January in the current year passed a cor- 



ation 
perin- 



1S90. — Chapters 245, 240. 215 

porale vote providing for the issue of bonds and for 
mortgaging certain property and franchises of the com- 
pany to secure the same, said vote is hereby approved and 
dechired valid to the same extent as if this act had been in 
force at the time of its passage ; and any bonds and mort- 
gage made and issued by the company upon such vote, if 
made and issued conformably to this act in all other 
respects, are hereby declared valid to the same extent as 
if made and issued upon a vote provided for in section 
one, passed after the passage of this act. 

Section 5. This act shall take etFect upon its passage. 

Approved April 30, 1890. 

An Act to enable the scuool committee of the city of Qkap.2i4:5 

NORTHAMPTON TO FIX TBE COMPENSATION OF THE SUPERINTEND- 
ENT OF SCHOOLS. 

Be it enacted^ etc., as follotvs: 

Section 1. The compensation of the superintendent ^P^P^^g"?, 
of schools in the city of Northampton shall hereafter be tendent. 
determined by a majority vote of the whole board of 
school committee. 

Section 2. This act shall take effect upon its accept- sublet to nc- 
ance by a majority of the legal voters of said city voting majority vote. 
thereon at the annual election of said city on the first Tues- 
day of December in the year eighteen hundred and ninety. 
At such meeting the vote shall be by ballot, and the form 
of such ballot shall be : " Will the city of Northampton 

accept the provisions of chapter of the acts of the 

year one thousand eight hundred and ninety providing 
that the salary of the superintendent of schools be fixed 
by the school committee — yes or no?" This cjuestion 
shall be printed upon the ballot after the list of candidates. 

Ax>proved April 30, 1890. 

An Act to authorize the old colony railroad company to (77irt/?.240 

RELOCATE ITS ROAD IN THE TOWN OF WAREUAM. 

Be it enacted, etc. , as follows : 

Section 1. The Old Colony Railroad Company, with May relocate^ ns 
the assent in writing of the board of railroad commis- ham/" 
sioners, for the purpose of improving the grade of its 
road and avoiding a grade crossing thereof in the town 
of Wareham, may relocate that part of its road l)etween 
a point at or near where its road now crosses Wareham 



216 1890. — Chapters 247, 248. 

river and a point at or near its present South Ware- 
maTbeaban-'^" ^'^"^ station ; and when the portion of its road thus relo- 
doned. cuted shall be open for public travel to the satisfaction of 

the railroad commissioners, said company may abandon 
the present location of its road between said points. No 
change in the location or construction of said road across 
navigable or tide-waters shall be made without the con- 
sent in writing of the board of harbor and land commis- 
sioners, and in such manner as the said board shall 
prescribe. 
Damages. SECTION 2. All damages caused by taking land or 

material for such relocation shall be recovered and paid 
. in the manner provided by the general law for the 
recovery and payment of damages caused by the location 
of railroads. 

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

Approved April 30, 1890. 

Chcip.2'i7 -^N Act to establish the salary of the insurance commis- 
sion ek. 

Be it enacted, etc., as follows : 

nihil ^^^^^' Section 1. The salary of the insurance commissioner 

shall be thirty-five hundred dollars a year from the first 

day of January in the year eighteen hundred and ninety. 

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

Approved April 30, 1890. 

ChCin.24i8 ^^ ^^'^ "^^ authorize the city of BROCKTON TO APPOINT A 
BOARD OF commissioners OF SEWERAGE CONSTRUCTION. 

Be it enacted, etc., as follows: 

mtsJi^nirsof" Section 1. A board of commissioners of sewerage 
^eweragecon- consti'uction is hcrcby established for the city of Brock- 
liBhed. ' ton as follows : Within thirty days from and after the 

adoption of a system of sewerage and of sewage disposal 
by the city council, the mayor shall appoint, subject to 
confirmation by the board of aldermen, three persons, 
inhabitants of said city, to be a board of commissioners 
of sewerage construction ; to hold office respectively, one, 
two and three years from the first day of July following 
their appointment and until their successors are appointed 
and confirmed as aforesaid ; and thereafter in the month 
of June in each year the mayor shall appoint, subject to 
confirmation as aforesaid, one member of said board to 



1890. — Chapter 249. 217 

serve for the term of three years from the tirst day of 
July following his appointment and until his successor is 
appointed and confirmed. Whenever any vacancies shall vacancies. 
occur in said board by death, resignation or otherwise, 
such vacancies shall be filled by appointment and confir- 
mation in the manner aforesaid of a person who shall hold 
otfice for the residue of the unexpired term. Said board organization. 
when appointed, and annually thereafter on the first Mon- 
day in July, shall organize by the choice of a chairman 
aud secretary from their own number. 

Section 2. Said board of commissioners shall have Tohaveexciu- 
exclusive authority to construct, maintain and operate the coMtructTmlin"- 
system of sewerage and of sewage disposal adopted by the oTs^ewMagere^t™. 
city council, and to construct, make, maintain and keep 
in repair and have charge of and operate such common 
sewers as the board of aldermen shall order to be built as 
a part of said system ; and may make contracts for the 
purposes aforesaid. All contracts made by said board of ^'°"t'"«<='«- 
commissioners for such pur[)oses shall be the contracts of 
said city and shall be signed by its mayor ; but no contract 
shall he made by said commissioners which requires an 
expenditure in excess of the appropriation therefor by the 
city council. In the discharge of their duties aforesaid direi't?on°of 
said commissioners shall be subject to the direction and J^fJ'J'* °^ '*'''"'■ 
control of the board of aldermen, and their compensation 
shall be fixed by concurrent vote of the city council. 

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

Approved April 30, 1890. 



An Act to amend an act for the better preservation of 
birds and game. 



Chaj).24Si 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-two of J^^ J ^^^; ^ ^• 
the acts of the year eighteen hundred and eighty-eight, amended. 
amending section one of chapter two hundred and seventy- 
six of the acts of the year eighteen hundred and eighty-six, 
is hereby amended so as to read as follows : — Section 1. ^^^^^^^^:^Zt 
Whoever takes or kills a pinnated grouse at any time, or cock.q'uaii, etc. 
a woodcock, or a rufied grouse, commonly called a par- 
tridge, or a quail, between the fifteenth day of December 
andthe fifteenth day of September, or a wood or summer 
duck, black duck or teal, or any of the so called duck 
species, between the fifteenth day of April and the first 



218 1890.— Chapters 250, 251. 

day of September, shall be punished by a tiue of twenty 
dollars for every bird so taken or killed. 
Penalty. Sectiox 2. Whoever at any time takes or sends or 

causes to be taken or transported beyond the limits of the 
Commonwealth any woodcock, quail or rufled grouse taken 
or killed within the Commonwealth, or has in possession 
any such bird or birds with intent to take or cause the 
same to be taken out of tlie Commonwealth, shall be pun- 
ished by a fine of ten dolhirs for every bird so had in 
possession or taken or caused to be taken or sent beyond 
the limits of the Commonwealth as aforesaid. 

Approved April 80^ 1S90. 



Chap.250 



Ax Act to authorize the woman's home missionary associa- 
tion TO hold its meetings in any state of the united 

states and in the district of COLUMBIA. 



Be it enacted^ etc., as follows : 

Sin''oth?r'" Section 1. The Woman's Home Missionary Associa- 
states, etc. tiou, a Corporation organized under the laws of this Com- 
monwealth, may hold its meetings, annual or otherwise, 
in any state of the United States and in the District of 
Columbia. 

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

Approved April 30, 1S90. 



Chan.251 ^^ ^^"^ '^^ amend an act to establish the MASSACHUSETTS 
HOSPITAL FOR DIPSOMANIACS AND INEBRIATES. 

Be it enacted, etc., as follows: 

m%\iT,fV° Section 1. Section four of chapter four hundred and 
fourteen of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out the words 
"and fifty", in the sixth line, so that the section as 
Trustees may amended will read as follows : — Section 4. Said trustees 
wuh a^cTomm'o- shall havc authority to purchase in behalf of the Common- 
fe1i"Xn uvT wealth suitable real estate as a site for said hospital for 
patients dipsomauiacs and inebriates, and to cause to be erected 

thereon suitable buildings for said hospital, which shall 
furnish suitable accommodations for not less than tvvo 
hundred patients and for the officers, employees and 
attendants, and to provide for the equipment and furnish- 
ing of said buildings : j)^'ovided, however, that the entire 



1890. — Chapter 252. 219 

expenditure for carryinii: out the purpose of this act shall 
not exceed one hundred and titty thousand dollars. No xoexpfinditure 
expenditure shall be made for the erection of buildings J.'^.'jfsrc^'"""' 
except for plans therefor, until said plans have been "pi"'"^'''- 
approved by the governor and council, and no such 
api)roval shall be given unless the governor and council 
shall 1)6 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 occupancy will not 
exceed one hundred and tifty thousand dollars. Said con'.mcu. 
trustees shall have authority to make all contracts and 
employ all agents necessary to carry into etfect the pro- 
visions of this act. 

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

Apirroved April 30, 1890. 

An Act ki moving restrictions from the manufacture and nVf.^^ or;o 

SALE OF WATER GAS FOR ILLUMINATING PURPOSES. ^ ' 

Be it enacted, etc., as foHoios : 

Sectiox 1. Section fourteen of chapter sixty-one of ^™«'"g^'™«'Jt^'° 
the Public Statutes, relating to the inspection of gas, is 
hereby amended by striking out in the fifteenth line the 
words " or more than ten per cent, of carbonic oxide ", so 
that the last two clauses of said section as amended shall 
read as follows : — When the gas of any company is found [("^P^f^atrn"^ 
on three consecutive inspections to give less light than gas. 
fifteen standard English candles, or to contain more than 
twenty grains of sulphur or ten grains of ammonia per hun- 
dred cubic feet of gas, or any sulphuretted hydrogen, a 
fine of one hundred dollars shall be paid by such company 
to the city or town supplied by it. When during the 
test the consumption of gas varies from five feet per hour, 
or the candle from one hundred and twenty grains per hour, 
a proportionate correction shall be made for the candle 
power. 

Section 2. Chapter four hundred and twenty-eight J^^P^^'g^^ 
of the acts of the year eighteen hundred and eighty- 
eijrht, authorizinij the gas commissioners to license certain 
gas companies to make and sell water gas for illummatmg 
purposes, is hereby repealed. 

Section 3. 1 his act shall take etfect upon its passage. 

Approved April 30, 1890. 



220 1890. — Chapters 253, 254, 255, 256. 



ChGp.25'd ^^ '^^'^ "^^ AUTHORIZE THE CITV OF WOBURN TO ADOPT AND 
EXECUTE THE PROVISIONS OF THE WILL OF JOHN CLOUGH. 

Be it enacted, etc., as folloics: 
JloviBfonTo^f Section 1. The city of Wo])urn is hereby authorized 

ciou°h'^°^° to adopt and execute the provisions of the will of John 
Clough, late of said Woburn, deceased, relating to the 
Woburn town library, the art gallery connected therewith, 
and the maintenance of free beds for the inhabitants of 
Woburn in the Massachusetts General Hospital ; and to 
perform the conditions and to assume the obligations 
mentioned in said will. 
^"pu'nleby city SECTION 2. This act shall take effect upon its accept- 
councii. jjjjce by a concurrent vote of the city council of the city 

of Woburn. Apjjroved April 30, 1890. 

Chap.254: ^N ^<^T TO PROVIDE FOR FILLING VACANCIES IN THE OFFICE OF 

AUDITOR IN TOWNS. 

Be it enacted, etc., as follows: 

officro? auditor When, by reason of death, resignation or otherwise, 
oi towns. ||-,g 0fg(3g of auditor in towns becomes vacant, the remain- 

ing auditor or auditors may perform all the duties of the 
office or may appoint some person to aid in the perform- 
ance thereof. When there is no remaining auditor the 
board of selectmen shall appoint some legally qualified 
person to fill the vacancy. Approved April 30, 1890. 

Chctp.2i55 An Act to change the title of the instructor of the Mas- 
sachusetts REFORMATORY. 

Be it enacted, etc., as follows: 

named''''The° ^^ Section 1. Thc oflSccr HOW designated as instructor 
chaplain." of the Massachusctts reformatory shall hereafter be 
named the chaplain of said reformatory. 

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

Approved April 30, 1890. 

Ch(ip.25Q -'^N Act relating to fees and expenses in criminal cases. 
Be it enacted, etc, as follows : 

fo°brtaxed?i'n I" poHcc, district and municipal courts, no court fees 
criminal cases. ghaH \)q allowcd or taxcd in any criminal case. 

Approved April 30, 1890. 



1890. — Chapters 257, 258. 221 



An Act ix relation to the election of overseehs of tue nhfjy. ^r^i 
POOR in the city of newburyport. ^ ' 

Be, it eiiacted, etc, as follows : 

Sectiox 1. Section one af chapter one hundred and Ojerseers of the 
twenty-nine of the acts of the year one thousand eight isi^s, 129, § 1. 
hundred and sixty-three is hereby amended so that the 
three persons required to be elected by the qualified voters 
of the city of Newburyport, as therein specified, to be 
overseers of the poor shall, at the next annual municipal 
election of said city after the acceptance of this act, be 
chosen to serve as follows, viz. : — one for the term of 
one year, one for the term of two years and one for the 
term of three years ; and thereafter at each annual 
municipal election of said city one person shall be chosen 
in the same manner to serve for three years. The per- Mayor to be 
sons so chosen shall constitute the board of overseers of chairmin. 
the poor for said city and the mayor of said city shall be 
ex officio the chairman of said board without the right to 
vote. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 3. This act shall be void unless accepted by subject to ac- 
a majority of the voters present and voting thereon at mr/oTuy vote. 
the municipal election of said city in December next. 

Approved May 3, 1890. 



An Act authorizing the city op lynn to borrow one hun- (JJid^^ 258 

DRED THOUSAND DOLLARS FOR THE CONSTRUCTION OF A HIGH 
SCHOOL BUILDING. 

Be it enacted, etc, as follows : 

Section I. In addition to the sum already authorized, ^oney°fo?^rec. 
the citv of Lynn for the purpose of erecting a high "°"°f ?'?!§!' 

ii'-iT- •!• • '11 1 school building. 

school building in said city may incur indebtedness to an p. s.29. 

1S84 129 

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 chap- 
ter twenty-nine of the Public Statutes and of chapter one 
hundred and twenty-nine of the acts of the year eighteen 



222 



1890. — Chapters 259, 260. 



hundred and eighty-four shall otherwise appl^'to the issue 
of such bonds, notes or scrip, and to the establishment of 
a sinking fund for the payment thereof at maturity. 
Section 2. This act shall take etfect upon its passage. 

Approved May 3, 1890. 

(7/^tt».259 ^^ ^^^ PROVIDING FOR THE APPOINTMENT OF GUARDIANS OF MAR- 
RIED WOMEN INCOMPETENT BY REASON OF INFANCY TO RELEASE 
RIGHT OF DOWER OR OF HOMESTEAD. 

Be it enacted., etc., as foUoius : 

Section sixteen of chapter one hundred and thirty-nine 
of the Public Statutes is hereby amended so as to read as 
follows: — Section 16. When a married woman is by 
reason of insanity or infancy incompetent to release her 
right of dower or of homestead, a guardian may be 
appointed for her in the same manner as if she were sole, 
and with the powers and duties given to guardians of mar- 
ried women owning property, and the husband or any 
suitable person may be appointed such guardian. 

Approved May 5, 1890. 



Amendment to 
P. S. 139, § 16. 

Release of 
dower, etc , of 
an insane, etc., 
married woman. 



ChCtn.2(jO ■^'^ '^^'^ CONGEKNING THE APPOINTMENT OF ASSISTANT ASSESSORS 

IN THE CITV OF CAMBRIDGE. 



Assistant 
assessors for 
city of Cam- 
bridge to be 
appointed. 



Vacancies. 



Present as- 
sistants to con- 
tinue until 
others are ap- 
pointed, etc. 



Be it enacted, etc., as fJloivs: 

Section 1. Assistant assessors for the city of Cam- 
bridge shall be appointed by the mayor, sul)ject to con- 
fii-mation by the board of aldermen, as follows : — In the 
month of February in ihe year eighteen hundred and 
ninety-one there shall be so appointed and confirmed five 
persons, one from each ward, to be assistant assessors to 
serve for the terra of one year ; and in the month of 
February annually thereafter there shall be so appointed 
and confirmed five assistant assessors, one from each ward, 
to serve for the term of one year. Such persons so 
appointed and confirmed shall enter upon their duties on 
the first day of March next after their appointment. 

Section 2. Whenever any vacancy shall exist in the 
ofiice of assistant assessor from any cause such vacancy 
shall be filled for the unexpired term by the appointment 
of the mayor subject to confirmation by the board of 
aldermen. 

Section 3. The present assistant assessors shall hold 
office until others are appointed and confirmed under the 
provisions of this act and no longer. 



1890. — Chapter 261. 223 

Section 4. AH acts and parts of acts inconsistent Repeal. 
herewith are repealed. 

Section 5. This act shall take etlcct upon its passage. 

Apjyroved May 3, IS 90. 

An Act relating to cektaim appeals from probate courts f^Jify^ orjl 

TO THE SLPEHIOR COURT. -^ 

Be it enacted, etc., as follows : 

Section 1. Section thirteen of chai)ter one hundred and p"s'""il'?7\3° 
fifty-six of the Public Statutes is hereby amended by strik- 
ing out the words " supreme judicial", in the fourth line, 
and inserting in the place thereof the word: — superior, 
— so that said section shall read as follows : — Section 13. Exceptions in 

, case of decree 

A decree or order ot a probate court made in proceedings under p. s. U7, 

under section thirty-three of chapter one hundred and 

forty-seven shall h:ive efiect, notwithstanding an appeal, 

until otherwise ordered by the superior court, and said 

court in any county or any justice thereof may in term 

time or vacation suspend or modify such decree or order 

during the pendency of the ap|)eal. 

Section 2. Section nine of chapter one hundred and p'^^^j^Tg'^ 
fifty-six of the Public Statutes is hereby amended by 
inserting after the words "supreme court of probate", 
in the second line, the words : — or suj^erior court in cases 
where it is provided by law that appeals shall be taken to 
the superior court, — so that said section shall read as 
follows: — Section 9. If a person aggrieved omits to Entry of appeal 
claim or prosecute his appeal, without default on his part, omiuJd*ify '""'" 
the su])reme coui't of probate, or superior court in cases «nistake. 
where it is provided by law that appeals shall be taken to 
the superior court, if it appears that justice requires a 
revision of the case, may on the petition of the party 
aggrieved, and upon such terms as it deems reasonable, 
allow an appeal to be entered and prosecuted with the 
same efiect as if it had been done seasonably. Such peti- 
tion may be entered in the clerk's office at any time, and 
the order of notice thereon may be made returnable at a 
rule day. 

Section 3. All appeals taken to the superior court ^PP^fir court. 
under the provisions of section three of chapter three j^^^' i^^^' § ^• 
hundred and thirty-t^vo of the acts of the year eighteen 
hundred and eighty-seven, shall be taken in the manner 
provided by chapter two hundred and ninet}^ of the acts 
of the year eighteen hundred and eighty-eight, for appeals 



224 1890. — Chapters 262, 263. 

to the supreme judicial court ; and all proceedinss on such 
appeals shall be the same, so far as practicable, as are 
now provided by law on like appeals to the supreme judi- 
cial court. 

Section 4. This act shall take effect upon its passage. 

Approved May 5, 1890. 

(7Att7).262 ^'^ ^^^ '^^ CONFIRM THE PROCEEDINGS OF THE LAST ANNUAL 

MEETING OF THE TOWN OF TISBURY. 

Be it enacted .1 etc., as follows : 

Proceedings at SECTION 1. The proceedings of the last annual meet- 
confirmed. mg ot tlic towu of Tisbuiy held in the month of March of 
the current year shall not be invalid for the reason that 
the tellers appointed at said meeting were sworn by the 
moderator of said meeting instead of being sworn b}'" the 
town clerk. 

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

Approved May 3, 1890. 

ChCtV.2iQ3 ^^ ^^^ ^^ ADDITION TO AN ACT MAKING APPROPRIATIONS FOR 
EXPENSES AUTHORIZED THE PRESENT YEAR AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows: 

Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and to meet certain other expenses authorized by law, to 
wit : — 

hou'e^^'"*" -^^^" ^^^® completion and furnishing of the hospital accom- 

modations for men, and moving and repairing the barn at 
the state almshouse at Tewksbury, a sum not exceeding 
thirteen thousand five hundred dollars, as authorized by 
chapter twenty-two of the resolves of the present year. 

Lemuel Burr. '^q^ Lcmucl Burr of Cambridge, the sum of one hundred 
and fifty dollars, as authorized by chapter twenty-three 
of the resolves of the present year. 

Insurance com- ^ov printing: additional copies of part two of the insur- 

missioner 8 i . O i ^ . ,. ^ . 

report. aucc comiuissioner's report, concernmg life insurance, a 

sum not exceeding one hundred and fifty dollars, as 
authorized by chapter twenty-seven of the resolves of the 
present year. 



1890. — Chapter 263. 225 

For certain repairs at the Worcester insane asylum, a worccHtti \n- 
sum not exceeding twelve thousand dollars, as authorized '*■'"'-''"*>■'"""• 
by chapter twenty-eight of the resolves of the present 

For printing additional copies of volumes two, three and [^'^"a.''"''''' 
four of the acts and resolves of the province of Massachu- 
setts Bay, a sum not exceeding six hundred dollars, as 
authorized by chapter thirty of the resolves of the present 
year. 

For Nathan H. Manning of Boston, the sum of one Nathan ii. 
hundred and tifteen dollars, as authorized by chapter ''""'"^' 
thirty-two of the resolves of the present year. 

For re-printing a portion of the report of the chief of ^/'Si's'td'ct'''"''^ 
the district police for the year eighteen hundred and police. 
eighty-nine, a sum not exceeding three hundred and forty 
dollars, as authorized by chapter thirty-five of the resolves 
of the present year. 

For the Worcester east agricultural society, the sum Worcester east 
of two hundred dollars, as authorized by chapter thirty- society, 
six of the resolves of the present year. 

For aid to the town of Washington in the county of ^:^°7„° °^ w^^^- 
Berkshire, the sum of six thousand dollars, as authorized 
by chapter thirty-eight of the resolves of the present year. 

For Rosanna Lockaby, Mary O'Leary, Catharine Maher f^^H^ 
and James McClosky, the sum of nine hundred and eighty- Mary o-Leary. 
eight dollars and twenty-four cents, as authorized by Mahcl'r.'"*' 
chapter forty of the resolves of the present year. NTcutosky. 

For the salary of the second clerk in the oflfice of the chief of^district 
chief of the district police, a sum not exceeding six hun- ?i^ro^f cie^rks. 
dred dollars, as authorized by chapter one hundred and 
thirty-iseven of the acts of the present year. The salaiy 
of the first clerk provided for in said act shall be paid for 
the present year from the appropriation for incidental, 
contingent and office expenses of the chief and members 
of the state district police force, as authorized by chapter 
forty-three of the acts of the present year. 

For the salary of the tax commissioner and commis- ,^''''^;;>:°j,|"^, 
sioner of corporations, as authorized by chapter one hun- a.idcomn 
dred and sixty of the acts ot the present year, a sum not porations. 
exceeding three hundred and seventy-five dollars, being in 
addition to the three thousand dollars appropriated for 
the salary of the deputy tax commissioner by chapter two 
of the acts of the present year, which amount is hereby 
made applicable for the payment of the salary of the tax 



iniis- 
' cor- 



226 



1890. — Chapter 263. 



Salaries of 
clerks. 



Burial of state 
paupers. 



Judge of pro- 
bate and in- 
solvency for 
county of Nan- 
tucket. 



Expert em- 
ployed by the 
railroad com- 
missioners. 



State library. 



I,ynian school 
for boys. 



Expenses nt 
house number 
thirteen Beacon 
street. 



commissioner arid commissioner of corporations. The sum 
of two thousand dollars appropriated for the salary of the 
first clerk of the deputy tax commissioner, the sum of 
fifteen hundred dollars appropriated for the salary of the 
second clerk of the deputy tax commissioner and the sum 
of fourteen thousand dollars appropriated for such addi- 
tional clerical assistance as the deputy tax commissioner 
and commissioner of corporations may find necessary, by 
chapter two of the acts of the present year, are hereby 
severally made applicable for the payment of salaries and for 
services to clerks holding similar positions in the oflice of 
the tax commissioner and commissioner of corporations. 

For the burial of state paupers, a sum not exceeding 
three thousand dollars, being in addition to the seven 
thousand dollars appropriated by chapter seventeen of the 
acts of the present year, this increase being necessary to 
carry out the provisions of chapter seventy-one of the acts 
of the present year. 

For the salary of the judge of probate and insolvency 
for the county of Nantucket, the sum of one hundred 
dollars, being in addition to the five hundred dollars 
appropriated by chapter three of the acts of the present 
year, as authorized by chapter one hundred and fifteen of 
the acts of the present year. 

For the balance of the compensation of an expert 
employed by the railroad commissioners during the year 
eighteen hundred and eighty-nine under the authority of 
chapter three hundred and thirty-four of the acts of the 
year eighteen hundred and eighty-seven, the sum of three 
hundred and thirty-nine dollars and seventy-one cents. 

For the contingent expenses of the state library, to be 
expended under the direction of the trustees and librarian, 
a sum not exceeding five hundred dollars, being in addi- 
tion to the eight hundred dollars appropriated .by chapter 
eighteen of the acts of the present year. 

For the payment of salaries, wages and labor at the 
Lyman school for boys at Westborough, a sum not exceed- 
ing fourteen hundred dollars, being in addition to .the 
fifteen thousand five hundred and seventy-five dollars 
appropriated by chapter twenty-eight of the acts of the 
present year. 

For repairs, improvements, furniture, rent and other 
necessary expenses at house number thirteen Beacon street, 
a sum not exceeding five hundred dollars, being in addition 



1890. — Chapter 264. 227 

to the eight thousand dollars appropriated by chapter 
fort3'-two of the acts of the present year. 

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

Ajyjjroved May c?, 1890. 

An Act relating to public cemeteries. CItar) 264 

Be it enacted, etc., as folloivs: 

Section 1. Any town in this Commonwealth which commissioners 

,,,-, •'.. f ^ • ii •• of public burial 

snail adopt the provisions oi this act by a majority vote grounds may be 

/• J.I , J. T i.* ii J. 'i 1 j_ elected in towns 

ot the voters present and voting thereon at a legal town adopting this 
meeting duly called for the purpose, is hereby authorized ^'^^' 
to elect by ballot at any town meeting duly called a board 
of three commissioners who shall have the sole care, super- 
intendence and management of all public burial grounds in 
said town, one member of which board shall be elected for 
the term of 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 
office. In case of a vacancy occurring in the board by vacancies. 
death, non-acceptance, disability, resignation or removal, 
during any municipal or official year, the remaining mem- 
bers shall notify the board of selectmen of said town in 
writing thereof and also 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 pursuance of such notice said 
two boards shall proceed to fill such vacancy until the end 
of the then current or official year by electing upon joint 
ballot a suitable person thereto ; and at each successive 
annual election of town officers after the first election 
under the provisions of this act said town shall elect by 
ballot a suitable person or persons to serve on said board 
for the remainder of any unexpired term or terms and for 
such full term of three years as shall expire before the 
next annual election. 

Section 2. Said board of commissioners may lay out May layout 
any existing public burial grounds within its territorial fuitable^ot8, 
limits, and lands which may be hereafter purchased and set ^"=- 



228 



1890. — Chapter 264. 



May make by- 
laws and regula- 
tions subject to 
approval. 



May execute 
deeds. 



Towns may re- 
ceive grants, 
bequests, etc., 
for mainteuauce 
of lots, etc. 



Proceeds of 
sales to be paid 
into the town 
treasury. 



apart by said town for the purpose of cemeteries and other 
public burial grounds, in suitable lots or other suitable 
sul)divisions with proper paths and avenues; may plant, 
embellish and ornament the same, may inclose the same 
with proper fences and erect such suitable edifices, append- 
ages 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 execu- 
tion of their trust, subject to the approval of the town, 
not inconsistent with the laws of the Commonwealth, as 
they may deem expedient. 

Section 3. Said board of commissioners shall have 
authority to grant and convey to any person by deed or 
suitable conveyance, made and executed in such manner 
and form as they may prescribe, the sole and exclusive 
right of burial and of erecting tombs, cenotaphs and 
other monuments or structures, upon such terms and con- 
ditions as they shall by rules and regulations prescribe ; 
and all such deeds and conveyances, and all thereafter 
made of the same by the owners thereof, shall be 
recorded by said board of commissioners in suitable 
books of record, which said books shall be open to the 
public at all proper times. 

Section 4. Any town that may adopt the provisions 
of this act may receive any grants, donations, gifts or 
bequests made thereto for maintaining cemeteries or 
cemetery lots, and any and all such grants, donations, 
gifts or bequests shall be paid into the town treasury of 
said town ; 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 
invest all funds thus received by him, in accordance with 
the stipulations, if any, accompanying such grants, dona- 
tions, gifts or bequests, and pay the- income therefrom on 
the orders of the selectmen and said board of commission- 
ers or with their approval ; if there are no stipulations as 
to the investment of such grants, donations, gifts or 
bequests, the treasurer of said town shall invest the same 
as ordered by the selectmen and said commissioners, and 
pay the income therefrom upon the order of the selectmen 
and said commissioners or with their approval. The pro- 
ceeds of sales of lots or rights of burial in said cemetery 
or public burial grounds shall be paid into the town 
treasury and shall be subject to said orders. 



1890. — Chapters 265, 266. 229 

Section 5. Said board of commissioners shall not nebtsnotto 
incur debts or liabilities for purposes other than aforesaid subject "o" * 
nor to an amount exceeding the amount of the funds sub- °'^'^"' 
ject to their order as aforesaid ; and they shall annually Annual leportB. 
make and render a report in writing to said town of their 
acts and doings, setting forth the condition of said 
cemetery and burial grounds and containing an account 
of their receipts and expenditures for the same and of the 
funds subject to their order. 

Section 6. This act shall take effect upon its passage. 

Approved May 5, 1S90. 

An Act concerning the appointment of administrators. flhar) 2()') 

Be it enacted^ etc. , a§ follows : 

Section 1. Section one of chapter two hundred and sixty Amendment to 
of the acts of the year eighteen hundred and eighty-five is ^' *> • § • 
hereby amended by inserting after the word "kin", in 
the second line thereof, the words : — or any suitalile 
person, — and by striking out the word "other", in the 
third line thereof, so that said section as amended shall 
read as follows: — Section 1, Administration of the Appointment of 
estate of an intestate may be granted to one or more of ^'•'"i^^f'^to'"- 
his next of kin or any suitable person, when the widow 
of the deceased and all his next of kin resident in the 
Commonwealth, who are of full age and legal capacity, 
consent in writing thereto. And the notice required by 
law may be dispensed with as if all parties entitled 
thereto bad signified their assent or waived notice. 

Section 2. So much of section one of chapter one Repeal. 
hundred and thirty of the Public Statutes as is inconsist- 
ent herewith is hereby repealed. 

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

Approved May 5, 1890. 



Chap.2m 



An Act relating to the sale and distribution of real 
estate by administrators. 

Be it enacted, etc., as follows: 

Section 1. Probate courts may upon the petition of sai^l^and^dhitri. 
an administrator of an intestate estate, with the consent estate by ad- 

„,, ,-.. , -, n 1 ,. •! 4, ministrators. 

ot all parties mterested or after such notice as said courts 
may order, license such administrator to sell the real 
estate belonging to said intestate estate, or any undi- 
vided interest in real estate belonging to said intestate 



230 1890. — Chapters 267, 2G8. 

estate, in such manner and upon such notice as said 
courts may direct, for the purpose of distribution ; and 
the net proceeds of such sale after deducting the expenses 
thereof shall, after two years from the time the adminis- 
trator's bond is tiled, be distributed to the same persons 
who would have been entitled to said real estate and in 
the proportions to which they would have been entitled 
had said real estate not been sold. 
Mtate°e?celd" Skction 2. The provisious of this act shall not be 
$1,500. applicable when the appraisal shows that the real estate 

exceeds in value the sum of fifteen hundred dollars. 
Section 3. This act shall take effect upon its passage. 

Approved May 5, 1890. 

Chci7).2.Qil ^N Act kelating to the removal of subordinate officers 

OF the MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

FiSTnafeoffi- Section 1. Any officer of the Massachusetts reforma- 
'='''«• tory holding his place at the pleasure of the superintend- 

ent and the commissioners of prisons, who is unfaithful 
or incompetent or who uses intoxicating liquors as a 
beverage, shall be by them forthwith removed. In case 
of a disagreement between the superintendent and the 
commissioners in relation to the removal of any such 
officer the subject may be referred to the governor and 
council who may make such removal. 

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

Approved May 3, 1890. 

ChCtp.2QS ^^ ^^'^ "^^ INCORPORATE THE ROXBQRY REAL ESTATE ASSOCIA- 
TION OF BOSTON. 

Be it enacted, etc., as follows: 

SeA8?ocia- Section 1. Thomas Sproules, Frank E. Davis and 
uonofBostou, Louis N. Municr, their associates and successors, are 

lucorporated. , , , • c ^ ^ ,• i • 

nereby made a corporation tor the term ot thirty years 
from the date of the passage of this act, by the name of 
the Roxbury Real Estate Association of Boston, for the 
purpose of buying, selling, leasing and improving real 
estate in the county of Suffolk, in that part of Boston 
formerly known as lioxbury, to an amount not exceeding 
twenty-five thousand dollars, and of performing such other 
legal acts as may be necessary in accomplishing said 
objects; with all the powers and privileges and subject to 



1890. — Chapters 2G9, 270. 231 

all the duties, liabilities and conditions set forth in all 
general laws which now are or hereafter may be in force 
applicable to such corporations. 

Section 2. The capital stock of said corporation shall capital stock 

1 ,^1 1111 11111 and shareb. 

not exceed twenty-iive thousand dollars and shall be 
divided into shares of one hundred dollars each •.provided^ Provisos. 
that said corporation shall not transact any business until at 
least five thousand dollars shall have been paid in ; and/>/'o- 
vided, that no share of stock shall be issued until the par 
value in money of the same shall have been fully paid in. 
Section 3. This act shall take eft'ect upon its passage. 

Approved May 5, 1890. 

An Act to incorporate the south boston building association. (JJian.2{59 

Be it enacted, etc., as follows: 

Section 1. James I. Moore, Thomas J. Giblin, Law- somii Boston 
rence J. Logan, Matthew J. Mullen, Peter B. Corbett ciaiion"^incor° 
and John B. Martin, their associates and successors, are i""''*^'''*- 
hereby made a corporation for the term of thirty years 
from the date of the passage of this act, b}' the name of 
the South Boston Building Association, with authority to 
purchase and hold land not exceeding five acres within 
the limits of that part of the city of Boston called South 
Boston, and to erect and maintain buildings thereon, 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 Public Statutes and to 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 audshLres?" 
be five thousand dollars, divided into shares of fifty dollars 
each; and said corporation, subject to the provisions of 
law, may increase the said stock from time to time to an 
amount not exceeding one hundred thousand dollars. 

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

Approved May 3, 1890. 



Chap,210 



An Act authorizing the metropolitan sewerage commis- 
sioners TO purchase or take in behalf of the common- 
wealth AN easement in LANDS, WATER-COURSES AND RIGHTS 
OF WAY. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter four hundred and fs^c,';"^^^^*^"!.'" 
thirty-nine of the acts of the year eighteen hundred and 



232 



1890. — Chapter 270. 



Board may take 
lands, etc., by 
purchase or 
otherwise. 



Damages. 



Proviso. 



eighty-nine is hereby amended b}^ adding after the word 
"lands", in the twentieth line thereof, the words: — or 
if an easement or other estate less than the fee therein be 
specified and described in the deed of purchase, or the 
description and statement of taking to be recorded as afore- 
said, such easement or estate therein as is so speciiied and 
described, and the, — so that said section as amended shall 
read as follows : — Section 4. Said board acting on behalf 
of the Commonwealth may take by purchase or otherwise 
any lands, water-courses, rights of way or easements, and 
ma}^ take by purchase or otherwise or enter and use any 
existing sewers or parts of sewers necessary for the carry- 
ing out under the provisions of this act of the recommenda- 
tions and plans of said state board of health contained in 
its said report. When any lands, water-courses, rights 
of way or easements, or any sewers or parts of sewers are 
so taken or entered and used in any manner other than by 
purchase or agreement, said board shall within thirty days 
of said taking or entering and using cause to be recorded 
in the registry of deeds for the county or district in which 
such lands, water-courses, rights of way or easements, or 
sewers or parts of sewers lie, a description of the same as 
certain as is required in a common conveyance of land, with 
a statement of the purpose for which the same is taken or 
entered and used, which description shall be signed by a 
majority of said board ; and the fee of the lands, or if an 
easement or other estate less than the fee therein be speci- 
fied and described in the deed of purchase, or the descrip- 
tion and statement of taking to be recorded as aforesaid, 
such easement or estate therein as is so specified and 
described, and the water-courses, rights of way or ease- 
ments, or sewers or parts of sewers so taken or purchased 
shall vest in the Commonwealth, which shall pay, in the 
manner hereinafter described, all damages that shall be 
sustained by any person or corporation by reason of such 
taking or entering as aforesaid. Such damages to be 
agreed upon by said board and the person or corporation 
injured ; and if the parties cannot agree a jury in the 
superior court of the county in which the property taken 
or damaged is situated may be had to determine the same 
in the same manner as a jury is had and damages are 
determined in the case of persons dissatisfied with the 
estimate of damages sustained by the laying out of ways 
in the city of Boston : provided^ Jiowever, that no suit for 



1890. — Chapter 271. 233 

such damages shall be brought after the expiration of two 
years from the date of the recording of the taking or enter- 
ing as herein required. 

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

Approved May 5, 1890. 



Chap.2n 



Ax Act to authorize the city of boston to incur indebted- 
ness OUTSIDE OF ITS DEBT LIMIT TO PROCURE AND CONSTRUCT 
ONE on MOKE PUBLIC PARKS IN THE CHARLESTOWN DISTRICT OF 
THE CITY OF BOSTON. 

Be it enacted^ etc., as follows : 

Section 1. The city of Boston, for the purpose of ^^^^bidnesVb;. 
procurino^ and constructins^ one or more public parks in yonciviiei™'', 

I sj . . ^„ • -, ' 1 • 1 for public parks 

the Charlestown district oi said city, may authorize the lu the chariea- 

city treasurer of said city to issue from time to time, as 

the mayor of said city may request, bonds or certificates 

of indebtedness to an amount not exceeding two hundred 

thousand dollars, to bear interest payable semi-annually 

at such rate not exceeding four per centum per annum as 

shall be fixed by said city. 

Section 2. Said treasurer shall sell such bonds or Treasurer to 
certificates as issued and retain the proceeds thereof in 
the treasury of the city, and pay therefrom the expenses 
incurred for the purpose aforesaid: provided, however. Premiums to be 
that he sliali pay over to the board ot commissioners or eioners of sink- 
sinking funds of said city any premiums received by him "*^ 
in the sale of such bonds or certificates ; and said board 
shall place all amounts so paid by said treasurer into 
the sinking fund for the payment of the loan hereby 
authorized. 

Section 3. The indebtedness incurred under this act Ljmit of indebt- 
shall not, until after the first day of November in the p. s. 29, § 4. 
year eighteen hundred and ninety, and then shall, be • • - 
considered or reckoned in determining the authorized 
limit of indebtedness of the city of Boston under the 
provisions of section four of chapter twenty-nine of the 
Public Statutes as modified and amended by section two 
of chapter one hundred and seventy-eight of the acts of 
the year eighteen hundred and eighty-five. 

Section 4. Whenever said city shall have authorized ^".^X'?^"^^ 
the city treasurer to issue bonds or certificates of indebted- when issue of 
ness as provided in the preceding sections, tne park authorized. 
commissioners of said city may take in fee, by purchase 



234 1890. — Chapter 272. 

or otherwise, land in the Charlestown district of said city 
of an assessed value not exceeding one hundred and fifty 
thousand dollars, for one or more public parks, and may 
expend the balance of the proceeds of the bonds or certifi- 
cates of indebtedness remaining after such lands have 
been paid for in constructing or preparing such parks for 
public use. 
A description of SECTION 5. Said city shall, within thirty days from 
recorded in the the time whcu it shall take any lands under this act, 
dtlds? ° cause to be recorded in the ofiice of the register of deeds 

for the county of Suflblk a description of the lands so 
taken, as certain as is required in a common conveyance 
of land, with a statement of the purpose for which such 
land is taken ; said description and statement to be signed 
by the mayor of said city. 
Damages to i.e SECTION (). The city of Bostou shall pay all damages 

paid by the city i-iii,! -ii •!• 

of Boston. which shall be sustained by any person in his property 
by reason of any taking of land as aforesaid, and in case 
the parties cannot agree u|)on the damages the city or any 
party interested may have the damages determined by a 
jury at the bar of the superior court for said county, in 
the same manner as a party may have damages caused by 
the taking of land for highways in said city determined 
when dissatisfied with an estimate of such damao-es made 
by the street commissioners of said city ; and costs shall 
be taxed as in civil cases. 

Section 7. This act shall take eifect upon its passage. 

A2y2yroved May 5, 1890. 



Chaj). 



).272 ^N -^CT TO AUTHORIZE THE NEW LONDON NORTHERN RAILROAD 
COMPANY TO LEASE ITS ROAD TO THE CONSOLIDATED RAILROAD 
COMPANY OF VERMONT. 

Be it enacted, etc., as follows: 

J^oad 'toX' con. Section 1. The New London Northern Railroad 
Boiidated Hail. Coiupany may lease its railroads, franchises and other 

road Company '■ -' \ ^-. ... i-r».i -, ^ 

of Vermont. property to the Consolidated Kailroad Company of Ver- 
mont, its successors and assigns, for a term not exceeding 

Conditions of nincty-ninc years : provided, however, and this permission 
is upon condition that any lease executed by virtue hereof 
shall contain an express stipulation on the part of both 
lessors and lessees, that the Connecticut River Railroad 
Company may at any and all times during the continuance 
of said lease have reasonable rights and powers to run, 
upon reasonable terms and conditions, its trains over that 



lease. 



1890. — Chapter 272. 235 

portion of the New London northern raih'oad between 
Brattleborough and South ^"ernon in the state of Ver- 
mont ; and upon further condition on the part of the 
lessees tlmt the Connecticut River Kaih'oad Company 
shall have like rights and powers to run its trains, under 
the like terms and conditions, over that portion of the 
road of the Consolidated Railroad Company of Vermont 
which lies between Windsor and White River Junction 
in the state of Vermont : provided, ahcays, and as a part Proviso. 
of both conditions, that the Connecticut River Railroad 
Company shall procure for the lessee or its assigns like 
rights and powers ui)on like terms and conditions over 
the roads between said Brattleborough and Windsor. 
And if the parties do not agree in the premises, the Question to be 

,. f. 1 1 .• .1 . 1 tj.' referred to the 

question ot such use and ot tue terms and conditions railroad com 
upon which the same shall be exercised shall be at any "feleTs!"^* ""^ '° 
time, upon the request of any railroad corporation named 
herein, referred to the railroad commissioners for the 
Commonwealth of Massachusetts ; or if there are no such 
commissioners, or if they refuse to act, to three referees 
to be appointed, upon the ajjplication of any such railroad 
corporation by the supreme judicial court of Massachu- 
setts, whose decision in the premises shall be linal ; 
subject, however, to the right of revision at any time 
upon the application of any party before mentioned ; and 
the commissioners or referees in determining the terms 
and conditions shall take into account the reciprocal use 
of the railroads of the parties, and shall make such 
decision as shall be just in view of that fact ; and said 
decision shall have reference also to the condition, mainte- 
nance and improvement of the railroads according to the 
state of the art of railroad construction ; and any railroad 
corporation named herein shall have the right to apply 
to the supreme judicial court of Massachusetts, which 
shall have power summarily to enforce said decision, and 
for that purpose shall have equity powers and may declare 
said lease forfeited. The lessee shall not transfer or part Transfer of 

T 1 lease. 

with the possession or control of said leased road, by 
consolidation or otherwise to or with any other party 
than the Central Vermont Railroad Company, nor shall 
the Central Vermont Railroad Company transfer or part 
with the possession or control of said leased road, l)y 
consolidation or otherwise to or with any other party, 
without the consent of the general court of Massachusetts. 



236 1890. — Chapter 273. 

Riv^Raihoad Sectiox 2. TliG ConnGcticut River Railroad Comjiany 

may contract, jg hereby authorized to contract as hereinbefore provided, 

during the term co-extensive with said lease, upon the 

vote of two-thirds of the stockholders of said company 

present and voting at a meeting called for that purpose. 

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

Approved May 7, 1890. 

Ch(ip.2i73 ^N Act to annex a part of the town of sherborn to the 

TOWN OF FRAMINQHAM. 

Be it enacted, etc. , as follows : 

sherbor!i"may°^ Section 1. In casc of the acceptauce of this act by 
be annexed to the towu of Framiugham as hereinafter provided, so much 

town of Fram- poii t it i 

ingham. ot the towu ot ohcrbom as lies northerly, north-westerly 

and westerly of the following described lines, to wit : 
beginning at the present bound at the junction of the 
present boundary lines between the towns of Natick, 
Framingham and Sherborn, and near the line of the 
Boston and Albany railroad ; thence following the bound- 
ary line between the towns of Natick and Sherborn to a 
stone monument situated in Kendall lane, so called, near 
the houses of F. H. Butterworth and M. Fairbanks ; 
thence continuing in a straight line south twenty-eight 
degrees thirty-one minutes west, one hundred and three 
and five-tenths rods to a stake and stones recently set 
near the track of the northern division of the Old Colony 
Railroad Company ; thence continuing in a straight line 
south fifty-four degrees thirty-nine minutes west, two 
hundred and ninety and six-tenths rods to a stake and 
stones recently set near the public highway leading from 
South Framingham to West Sherborn on the land of 
George L. Whitney, formerly a part of the Cozzens place ; 
thence continuing in a straight line south eighty-nine 
degrees thirty-six minutes west, two hundred and five 
rods to a stone monument which marks the junction of 
the towns of Ashland, Framingham and Sherborn, with 
all the inhal>itants and estates therein, is hereby set oif 
from the town of Sherborn and annexed to and made part 
of the town of Framingham. And said inhal)itants shall 
hereafter be inhabitants of said Framingham and shall 
enjoy all the rights and privileges and be subject to 
all the duties and liabilities of the inhabitants of said 
Framinjiham. 



1890. — Chapter 273. 237 

Section 2. The toAvn of Frarainjjham shall pay to the TownofFmm- 
town ot J^horboi'ii, upon the acceptance ot this act as to town of sher- 
hereinafter provided, such sum as may be agreed upon by be'a"i;ried"i'ipou; 
the towns of Sherborn and Framingham ; and if the said upo°,\o^bedc. 
towns shall not within ninety days from such acceptance t^'m'nec'.i'y 
agree upon the sum of money to be paid under the pro- 
visions of this act the supreme judicial court for the county 
of Middlesex shall upon petition of either one of said 
towns, and after reasonable notice to the other, appoint 
three discreet persons as commissioners to hear the parties 
and determine the differences. Said petition may be tiled 
and said appointment may be made in vacation or in term 
time. The award of a majority of said commissioners 
when returned to and accepted by the court shall be final ; 
but the court shall have power for proper cause shown to 
set aside such award or to recommit it to the commission- ■ 
ers or to remove said commissioners and to appoint others 
in their stead. And the court shall have power to render 
judgment or make any order or decree upon said award, 
to issue execution or any other proper process to enforce 
such judgment, decree or order. 

Section 3. In case of the acceptance of this act by the Payment of 
town of Framingham as hereinafter provided the inhabi- 
tants and estates within the territory above described and 
the owners of said estates shall be holden to pay all taxes 
which have been heretofore legally assessed upon them by 
the town of Sherborn ; and all taxes heretofore assessed 
and not collected shall be collected and paid to the 
treasurer of the town of Sherborn in the same manner as 
if this act had not been passed. And until the next state 
valuation the town of Framingham, if it shall accept this 
act as hereinafter provided, shall annually on or before 
the first day of November also pay to the town of Sher- 
born the proportion of any state or county tax which the 
said town of Sherborn may be required to paj upon the 
inhabitants or estates hereby set otf, said proportion to be 
ascertained and determined by the last valuation next 
preceding the passage of this act ; and the assessors of 
Sherborn shall make returns of said valuation and the pro- 
portion thereof in the towns of Sherborn and Framingham 
lespectively, to the secretary of the Commonwealth and 
to the county commissioners of the county of Middlesex. 

Section 4. The said town of Framingham shall be liable Support and re- 
for the relief and support of all persons who now do or '^ ° pauper-- 



238 1890. — Chapter 274. 

shall hereafter stand in need of relief as paupers whose 
settlements were gained, wiiether by original acquisition 
or derivation, by reason of a residence in the territory 
hereby annexed to said town of Framingham. The town 
of Framingham shall also pay to the town of Sherborn 
annually its proportionate part of the cost hereafter paid 
by said town of Sherborn for the support or relief of 
paupers whose settlements were acquired in said terri- 
tory, or whose settlements w^ere derived from settlements 
acquired therein in consequence of military service in the 
war of the rebellion. The proportion to be paid by said 
town of Framingham shall be fixed upon the basis of the 
last valuation preceding the passage of this act. 
up^'quesuon*^ SECTION 5. A meeting may be held for the purpose of 
of acceptance, submitting thc question of the acceptance of this act to the 
legal voters of the town of Framingham at any time wnthin 
six months after the passage thereof. At such meeting 
the check-list shall be used and the alErmative vote of a 
majority of the legal voters present and voting thereon 
shall be required for the acceptance of this act. If at any 
meeting so held this act shall fail to be thus accepted it 
may at the expiration of thirty days from any such pre- 
vious meeting be again thus submitted for acceptance, but 
not after the period of six months from the passage of this 
act. 
Secretary of the SECTION 6. Immediately upon the acceptance of this 
wealth, to be act by the town of Frammgham as atoresaid the town clerk 
ceptance. " ' of Said Framingham shall notify the secretary of the 

Commonwealth in writing of such acceptance. 
When to take SECTION 7. So much of thls act as authorizes the sub- 
mission of the question of its acceptance to the legal voters 
of the town of Framingham shall take effect upon its 
passage, but it shall not take further effect unless accepted 
by the legal voters of said Framingham as aforesaid. 

Approved May 8, 1890. 

Chap.21i: ^N ^^"^ CONCERNING REAL ESTATE OWNED BY CERTAIN AGRICULT- 
URAL SOCIETIES. 

Be it enacted^ etc., as follows: 

feluBifxte°!>i Section 1. No incorporated agricultural society which 

society rcceiv- has Tcceivcd or w' hich may receive a bounty from the 
f?fm The state trcasury of the Commonwealth under the provisions of 
pfs^. "m. cha|)ter one hundred and fourteen of the Public Statutes 

shall mortgage or sell the whole or any portion of its real 



1890. — Chapters 275, 276. 239 

estate until authority for such sale or mortgage has been 
granted by the affirmative vote of two-thirds of the mem- 
bers of such society, present and voting at a meeting duly 
called for that purpose, and the vote has been approved 
by the state board of agriculture after due notice to parties 
interested and a hearing thereon. 

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

Approved May 8, 1890. 



An Act relative to the appointment of overseers of the 
poor in the city of fall river. 



Chap.275 



Be it enacted, etc. , as folloios : 

Section 1 . In the month of May of the year eighteen overseers of the 
hundred and ninety there shall be appointed by the mayor uwer° 
of the city of Fall River, subject to confirmation by the 
board of aldermen, four persons who with the mayor 
ex officio shall constitute the board of overseers of the 
poor of said city and shall assume the duties of their 
office on the first day of June. One of the persons so Terms of office. 
appointed shall serve for four years, one for three years, 
one for two years and one for one year and until their 
successors are appointed. Thereafter one person shall be 
so appointed in May of each year to serve for four years 
and until his successor is appointed. Said appointed J°tcom^png!j; 
members shall serve without compensation. "on. 

Section 2. Said board of overseers of the poor may 
appoint an agent, define his duties and fix his compensa- 
tion. They shall have all the powers and perform all the 
duties now by law vested in and incumbent upon the 
overseers of the poor of said city. 

Section 3. AH acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 4. This act shall take effect when accepted l^^^^^^lll?' 
by the city council of the city of Fall River at a meeting auce. 
duly called for" that purpose. Approved May 5, 1890. 

An Act to require dealers in ice to carry scales in delivery n/i(ij)^276 

WAGONS. 

Be it enacted, etc., as follows: 

Section 1. Dealers in ice shall provide each wagon scaiestobe 
used for the delivery of ice with scales, and on request of bc°weighed^oii° 
the purchaser ice shall be weighed when delivered. request. 



240 



1890. — Chapters 277, 278. 



we?|hk>g°ce°* Section 2. Any person having charge of the delivery 

wht^u requested, gf [qq fiQui A wQgon who I'efuses to Weigh ice when 

requested by the purchaser at the time of delivery or any 

such person giving false weight shall be punished by tine 

not exceeding ten dollars. 

Section 3. Any ice dealer who violates the provisions 
of the first section of this act shall be punished by a fine 
not exceeding fifty dollars. Ax)proved May 8, 1890. 



Penalty on 
dealer lor not 
providing 
scales. 



ChaV'^'^'^ An Act providing fees for witnesses in courts of probate 

AND insolvency IN CERTAIN CASES. 

Be it enacted, etc., as follows: 
Fees of wit. SECTION 1. Witucsscs attendins; courts of insolvency 

Besses in courts o ^ 

of insoiveniy. and Dcrsous cxccpt the debtor examined under the pro- 

P. S. 157, §70. ..^„ ^. ^ , c I ^ 1 IIJ 

visions ot section seventy ot chapter one hundred and 
fifty-seven of the Public Statutes, unless fraudulent con- 
duct is charged and proved against them, shall receive 
the same fees as witnesses attending in civil cases in the 
probate courts. 

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

Approved May 8, 1890. 

ChClV.2!78 ^^ ^^^ "^^ AUTHORIZE the REMOVAL OF PRISONERS FROM THE 
STATE FARM TO HOUSES OF CORRECTION. 

Be it enacted, etc., as follows: 

Section 1. Upon the application of the trustees of 
the state almshouse and state farm the commissioners 
of prisons may remove any prisoner held in the state 
farm in Bridgewater under sentence, to any house of 
correction in the county where such prisoner was con- 
victed ; and the said commissioners may upon the appli- 
cation of the said tiustees return to the said state farm 
any prisoner so removed. 

Section 2. Any prisoner removed or returned under 
this act shall be held in the place of imprisonment to 
which he is so removed or returned, in accordance with 
the terms of his original sentence. The state, board of 
lunacy and charity shall have, solely, the same authority 
to release such prisoner from a house of correction that 
said board would have had to release him from said state 
farm if he had not been so removed. 
movau^rbr' Section 3. Every order for the removal or return of 

signed by the ^ prisoner under this act shall be signed by the secretary 

secretary of the ,. , • . ,. . S , ■, , 

commissioners, oi the commissionei's 01 prisons and may be executed by 



Prisoners may 
be removed tu 
and from the 
state farm and 
houseit of cor- 
rection. 



To be held in 
accordance with 
original sen- 
tence. 

Release. 



1890. — Chapter 279. 241 

any officer authorized to serve criminal process. All Ki'f™"a*ocom- 
mittimuses, processes and other official papers or attested P'ln'y the pris- 
copies thereof, by which a prisoner is held in custody, 
shall be removed or returned with him. 

Sectiox 4. The cost of removal or return of a cost of removal 
prisoner under this act shall be paid from the treasury '*'" '^"pp"'''- 
of the Commonwealth. The cost of supporting a prisoner 
removed to any house of correction under this act shall 
be paid by the county in which such house of correction 
is situated. 

Section 5. This act shall take effect upon its passage. 

Ajyproved May 8, 1890. 

An Act making appropriations for the purpose of providing nhr/jy 27Q 

A PROPER REPRESENTATION OF THE COMMONWEALTH AT THE 
NATIONAL ENCAMPMENT OF THE GRAND ARMY OF THE REPUBLIC 
IN BOSTON THE PRESENT YEAR AND FOR OTHER EXPENSES 
AUTHORIZED BY LAW. 

Be it enacted, etc., as follows: 

Section 1. The suras hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth, from the ordinary revenue, for the purpose 
of providing a proper representation of the Common- 
wealth at the national encampment of the grand army of 
the republic, to be held in the city of Boston during the 
present year, and to meet certain other expenses author- 
ized by law, to wit : — 

For the New England industrial school for deaf mutes, New England 
the sum of two thousand dollars, as authorized by chap- school' for deaf 
ter forty-one of the resolves of the present year. mutes. 

For Arthur Wilcox of Fall River, the sum of eioht Arthur wiicox. 
hundred dollars, as authorized by chapter forty-two of 
the resolves of the present year. 

For certain improvements at the State farm at Bridge- state farm at 
water, a sum not exceeding nine thousand three hundred ^"'^s^'^'^'''^- 
dollars, as authorized by chapter forty-three of the 
resolves of the present year. 

For iiroviding for a proper representation of the Com- Encampment of 

,,, /.I i'l J f , I 1 the grand array 

monweallh at the national encampment ot the grand army of the republic. 
of the republic, to be held in the city of Boston during 
the present year, a sum not exceeding fifty thousand dol- 
lars, as authorized by chapter forty-four of the resolves of 
the present year. 



242 1890. — Chapters 280, 281, 282. 

City .of Lynn. Yqy the citj of Lyiic, the sum of eight hundred and 
sixty-eight dollars and twenty-one cents, as authorized by 
chapter forty-five of the resolves of the present year. 
prl8on°for°'^^ For the disposal of sewage at the reformatory prison for 

women. womcn, a sum not exceeding five thousand dollars, as 

authorized by chapter two hundred and eleven of the acts 
of the present year. 

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

Approved May 8, 1890. 

Chap.2S0 An Act to change the name of the first universalist 

SOCIETY OF SOUTH SCITUATE. 

Be it enacted, etc., asfoUoios: 
Name changed. SECTION 1. The name of the rcligious society known 
as the First Universalist Society of South Scituate is 
hereby changed to the First Universalist Society of 
Norwell. 

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

Ajyproved May 8, 1890. 

ChcW.2iSl. -^N -^^^ "^^ AUTHORIZE THE WHEATON FEMALE SEMINARY TO HOLD 
ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 
May hold addi- Section 1. The Wheaton Female Seminary, incor- 

tiotial real and r> r- i /• ^ n 

personal estate, poratcd b}^ cliaptcr fifty -thrcc of the acts of the year 
i839i 55! eighteen hundred and thirty-seven as amended by chapter 

fifty-five of the acts of the year eighteen hundred and 
thirty-nine, is hereby authorized to hold additional real 
and personal estate to an amount not exceeding five 
hundred thousand dollars, to be applied exclusively to 
the purposes of said corporation. 

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

Approved May 8, 1890. 

(JllClT) 282 "^^ A^^ '^^ CONFIRM THE PROCEEDINGS OF THE MEETING OF THE 
TOWN OF CHILMARK HELD ON THE TENTH DAT OF MARCH OF 
THE PRESENT TEAR. 

Be it enacted, etc., as follows: 
Pioceedings at Section 1. The proccedings of the annual meeting 

annual meeting /^ • i 

contiiraed. of the town of Chilmark held on the tenth day of March 
of the present year shall' not be invalid for the reason 
that the tellers appointed at said meeting were sworn by 



1890. — Chapters 283, 284, 285. 243 

the moderator of said meeting instead of ])eing sworn by 
the town elerk. 

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

Approved 3fay 5, 1890. 

An Act to confirm the proceedings of the annual meeting (^Jfriti 9S3 

OF the TOAVN of EDGARTOWN held on the tenth DAT OF 
MARCH OF THE PRESENT YEAR. 

Be it enacted, etc., as foUoivs : 

Section 1. The proceedings of the annual meeting Proceedings at 
of the town of Edgartown held on the tenth day of ]\Iarch confirmed!** "'^ 
of the present year shall not be invalid for the reason that 
the tellers appointed at said meeting were sworn by the 
moderator of said meeting instead of being sworn by the 
town clerk. 

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

Approved May 8, 1890. 

An Act relative to the issuing of search warrants in (JJiqij 284 

CERTAIN cases. 

Be it enacted, etc., as folloios : 

Section two of chapter two hundred and twelve of the Amendment to 
Public Statutes as amended by section tw^o of chapter is'ss,' 34-2,' § 2.' 
three hundred and forty-two of the acts of the year 
eighteen hundred and eighty-five is hereby further amended 
byaddino; thereto the folio wing, viz. : — Ninth, To search search warrants 

for insurGQ 

for personal property on which insurance against fire has property. 
been effected and w^hich the complainant has reasonable 
cause to believe has been removed or concealed for the 
purpose of cheating or defrauding an insurance company. 

Approved May 8, 1890. 



Ch(qj.2S5 



An Act making appropriations for expenses of the board 
of railroad commissioners. 

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, to meet sundry 
expenses of the board of railroad commissioners during 
the year eighteen hundred and ninety, to wit : — 

For the compensation of experts or other agents of the Railroad com- 
board of railroad commissioners, as authorized by chapter pe'rtsmiT'^^ 
three hundred and thirty-four of the acts of the year ^^entH. 



244 



1890. — Chapter 286. 



Janitor's ser- 
vices, etc. 



Books, maps 
and stationery, 
etc. 



eighteen hundred and eighty-seven, a sunci not exceeding 
thirty-five hundred dollars. 

For rent of office and services of janitor for the board 
of railroad commissioners, a sum not exceeding thirty- 
one hundred dollars. 

For books, maps, statistics, stationery, incidental and 
contingent expenses of the board of railroad commis- 
sioners, a sum not exceeding fourteen hundred dollars. 

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

Approved May 8, 1890. 

Chcip.2SG An Act authorizing the trustees of the first pakish in 

DORCHESTER TO CONVEY TO SAID PARISH REAL ESTATE AND 
PERSONAL PROPERTY. 

Be it enacted, etc., as follows : 

Sectiox 1. The First Parish in Dorchester is hereby 
authorized to elect, at a meeting legally called for the 
purpose, not less than three nor more than five persons to 
act as trustees of said parish, with all the powers conferred 
by chapter fifteen of the acts of the year eighteen hundred 
and thirty-one. 

Section 2. Upon the election of such trustees as afore- 
said, and their acceptance of office, they shall have full 
power and authority as trustees under chapter fifteen of 
the acts of the year eighteen hundred and thirty-one to 
the exclusion of all other persons whatsoever. 

Section 3. The said trustees may transfer by deed to 
the said First Parish in Dorchester all real estate and per- 
sonal property the title to which is now in the Trustees of 
the First Parish in Dorchester, to be held by the said first 
parish for the purposes set forth in section three of chapter 
fifteen of the acts of the year eighteen hundred and thirty- 
one, and the said parish may at any time direct such of its 
officers as it deems fit, to sell, transfer, mortgage or other- 
wise deal with such pro]ierty or any other of its property 
as the said parish by said vote may direct : provided, hotv- 
ever, that any funds arising from such sale, transfer, mort- 
gage or dealing shall be re-invested or held by the said 
parish for the purposes aforesaid; and provided, fuiiher, 
that nothing in this act contained shall empower the said 
parish to deal with any property, real or personal, hereto- 
fore granted, devised or donated to said trustees or here- 
after to be granted, devised or donated to said parish 
contrary to the terms of such grant, devise or donation. 



Trustees may 
be elected. 
1831, 15. 



To have power, 
as trustees, 
under 1831, 15. 



May transfer, by 
deed, real estate 
and personal 
property. 



Provisos. 



1890. — Chapter 287. 245 

Section 4. All grants, devises and donations made or Grants, devises, 
hereafter to l)e made to the said trustees in their capacity ®°-^° "'^''" 
under chapter fifteen of the acts of the year eighteen hun- 
dred and thirty-one, for the use and benefit of the said 
parisl;^, shall be valid to every extent and purpose and 
shall fix the property so granted, devised or donated in 
said parish for the purposes and with the powers aforesaid; 

Sectiox 5. The said parish may hold property, real frompropert^^ 
and personal, for the purposes set forth in this act, the not to exceed 
annual income of which shall not exceed fifteen thousand 
dollars. 

Section 6. After the election and acceptance of said [ii°e'^T° asters of 
trustees as provided in this act, and the transfer of the ^^eF"«' '^.^"^h 

1 1 • 1 p • 1 1 1° Dorchester 

property in them vested as hereinbetore mentioned, they maybedia- 
shall forthwith apply to the supreme judicial court by 
petition for a dissolution of the corporation of the Trustees 
of the First Parish in Dorchester aforesaid, and upon 
proof that they were duly elected and have performed the 
duties imposed upon them by chapter fifteen of the acts 
of the year eighteen hundred and thirty-one and by this 
act, the said court shall forthwith issue its decree dissolving 
said corporation, and thereupon the said corporation shall 
be dissolved for all purposes whatsoever. 

Section 7. All acts in regard to property vested in Acts ratified. 
the Trustees of the First Parish in Dorchester heretofore 
done by said trustees or by any officers of the said parish 
authorized thereto by vote of the said parish are hereby 
ratified. 

Section 8. This act shall take eftect upon its adop- Subject to 

1 • • f ^ /• I • 1 T-i- j_ T-> • 1 adoption by a 

tion by a majority ot the members ot the said i^ irst rarisn majority vote. 
in Dorchester present and voting at a meeting legally 
called for that purpose. Approved May 8, 189G. 

An Act to incorporate the Cambridge safe deposit and (JJian.'2iS1 

TRUST company. 

Be it enacted, etc., as follows : 

Section 1. William R. Ellis, Woodward Emery, Cambridge safe 
Howard Sargent, James INI. Brine, Archibald M. Howe, TrusTcom- 
Frederick P. Fish, John H. Huljbard, William E. Rus- jS-er"""- 
sell, S. Lothrop Thorndike, J. M. Hilton, Walter Wood- 
man, James L. Fisk, Moses G. Howe, Manning Emery, 
Edward W. Hincks and Alvin F. Sortwell, their associ- 
ates and successors, are hereby made a corporation by the 
name of the Cambridge Safe Deposit and Trust Company, 



246 



1890. — Chapters 288, 289, 290. 



Chap.288 



Old Colony 
Trust Com- 
pany, incor- 
porated. 



Chap. 



Attachment of 
fishermen's 
wages by the 
trustee process 



with authority to establish and maintain a safe deposit 
and trust company in the city of Cambridge ; with all the 
powers and privileges and subject to all the duties, liabili- 
ties and restrictions set forth in all general laws which 
now are or may hereafter be in force relating to such 
corporations. 

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

Approved 3 fay 8, 1890. 

An Act to incorporate the old colony trust company. 
Be it enacted., etc., as follows : 

Section 1. T. Jefferson Coolidge, Jr., Eli T. Dillon, 
Frederick C. Dumaine, Gordon Abbott, Henrj^ C. Rich- 
ards, James H. Whitman, Lucius M. Sargent and Julius 
R. Wakefield, their associates and successors, are hereby 
made a corporation by the name of the Old Colony Trust 
Company, with authority to establish and maintain a safe 
deposit, loan and trust company in the city of Boston ; 
with all the powers and privileges and subject to all the 
duties, liabilities and restrictions set forth in all general 
laws which now are or may hereafter be in force relating 
to such corporations. 

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

Approved May S, 1890. 

289 An Act making the wages and lay of fishermen subject to 
attachment by the trustee process. 

Be it enacted, etc., as follows: 

Chapter one hundred and ninety-four of the acts of the 
year eighteen hundred and eighty-six, exempting the 
wages and lay of seamen from attachment by the trustee 
process, shall not hereafter apply to the wages or lay due 
or accruing to any fisherman. Ajjproved May 14, 1890. 



Chci,p.290 -^^ ■^^'^ "^O CONFIRM A VOTE OF A TOWN MEETING OF THE TOWN 
OF SHIRLEY HELD ON THE SEVENTEENTH DAY OF MARCH OF 
THE PRESENT YEAR. 

Be it enacted, etc., as folloivs : 

Section 1. The proceedings of the town meeting of 
the town of Shirley held on the seventeenth day of March 
in the year eighteen hundred and ninety, whereby it was 
voted to accept the list of jurors as prepared by the select- 
men, shall not be invalid by reason of the omission to 



Proceedings at 
town meeting 
confirmed. 



1890. — Chapters 291, 292, 293, 294. 247 

insert in the warrant calling said meeting an article rela- 
tive to accepting said list. 

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

Approved May 14^ 1890. 



Chap.291 



An Act to confirm the proceedings of the annual meeting 

OF the town of BARNSTABLE HELD ON THE THIRD DAY OF 
MARCH OF THE PRESENT YEAR. 

Be it enacted, etc., as foUoivs : 

Section 1. The proceedings of the annual meeting of proceedings at 

I o _ ^ o ^ town meeting 

the town of Barnstal^le held on the third day of March in couiiimed. 
the year eighteen hundred and ninety are hereby ratified 
and confirmed. 

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

Approved May 14, 1890. 

An Act to confirm the proceedings of the annual town QJiq/t) 292 
meeting of the town of russell. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meet- Proceedings at 
ing of the town of Russell held on the third day of March confirmed.'"^ 
in the year eighteen hundred and ninety shall not be 
invalid by reason of the fact that the patent ballot-box 
was not used in taking the vote on the license question. 

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

Approved May 14, 1890. 

An Act for the better protection of lobsters. ChctV.293 

Be it enacted, etc. , as follows : 

Whoever catches and mutilates a lobster by severing Protection of 

loDBtGrs 

the tail from the body before said lobster is cooked shall 
be punished by a fine of five dollars for each offence ; and 
in all prosecutions under this act the possession, by a 
person engaged in catching or taking lobsters, of the tail 
of any uncooked lobster so severed from the body shall be 
prima facie evidence to convict. Approved May 14, 1890. 

An Act increasing the number of officers who may be (JJi(in.2d4: 

APPOINTED FOR ATTENDANCE UPON THE SUPREME JUDICIAL 
COURT IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloivs: 

Section 1 . Section one of chapter two hundred and f882!'23rri.'"' 
thirty-two of the acts of the year eighteen hundred and i886;37,'§2. 



248 1890. — Chapters 295, 296. 

eighty-two as amended by section two of chapter thirty- 
seven of the year eighteen hundred and eighty-six is 
hereby further amended by increasing the number of 
officers who may be appointed for attendance upon the 
supreme judicial court in the county of Suffolk from four 
to six, so that said section one as amended shall read as 
Officers in follows : — SectiOTi 1. The officers in attendance upon 

attendance upon .,.., ., po/fiiA 

S.J. c. in the supreme ludicial court m the county ot buiiolk, not 

Suffolli county, T . .■ , . , ,. ^ , "^ o j.\ 

—salaries. cxccedmg SIX in number includmg the messenger oi tue 
justices of the supreme judicial court in said county, shall 
each receive in full for all services performed by them an 
annual salary of seventeen hundred dollars, of which thir- 
teen hundred dollars shall be paid by the said county and 
four hundred dollars by the Commonwealth. 

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

Approved May 15, 1890. 

(JhCllJ.1^0 ^ -^^"^ "^O AMEND THE CHARTER OF THE FRENCH PROTESTANT 

COLLEGE. 

Be it enacted, etc. , as follows : 

Name changed. Section 1. The uauic of the Frcnch Protestant Col- 
lege, a corporation organized under the general laws of 
the Commonwealth in the year eighteen hundred and 
eighty-five and formerly located in the city of Lowell, is 
hereby changed to the French Protestant College of 
Springfield. 

May confer de. Sectiox 2. The Said collcgc is hereby authorized to 
grant such honorary testimonials and confer such honors, 
degrees and diplomas as are granted or conferred by any 
university, college or seminary of learning in this Com- 
monwealth ; and the diplomas so granted shall entitle the 
possessors to the immunities and privileges allowed by 
usage or statute to the possessors of like diplomas from 
any university, college or seminary of learning in this 
Commonwealth ; provided, that no such honors, degrees 
or diplomas shall be conferred except by the vote of a 
majority of the trustees of said corporation. 

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

Approved May 15, 1890. 

Chap.2i9Q ^^ -^^^ RELATING TO INVOICE BOOKS IN COUNTY INSTITUTIONS. 

Be it enacted, etc., as folloios: 

tob°i*kept°n* Section 1. The master, keeper, superintendent or 
county insti- other officcr havins; charge of any county iail, house of 

tutions. O O J J J ' 



1890. — Chapters 297, 298. 249 

correction, truant school or other county public institu- 
tion, shall keep an inv'oice book in which shall be entered 
on the day of receipt all bills for supplies for the mainte- 
nance of such institution. Such l)ooks shall be as nearly 
uniform as the character of the institutions will admit and 
shall be kept posted up to date so that the footings shall 
at any time show the then actual facts relating to such 
supplies. Such books shall be county ])roperty and 
remain among the records of the institutions to which they 
appertain. * 

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

Approved May 15, 1890. 

An Act authorizing the payment of a bounty to certain (JJiar>.2idl 

AGRICULTURAL SOCIETIES. 

Be it enacted, etc., as foUoivs: 

Section one of chapter one hundred and fourteen of the ^T'VJT^l"! *** 
Public Statutes is herel)y amended by adding at the end 
thereof the followino; words : — provided, that if there is Bounties to 

"^ . . , . . agricultural 

only one incorporated agricultural society in any county, societies. 
such society shall be entitled to receive said bounty not- 
withstanding its exhibition grounds and buildings are 
within twelve miles of a society entitled to said bounty; 
and 237'ovided, further, that such society shall not after 
having received said bounty forfeit the right to receive the 
same by reason of the subsequent incorporation of another 
society within the same county. 

Approved May 15, 1S90. 

An Act to authorize savings banks and institutions for (77ia7?.298 

SAVINGS to invest IN THE FIRST MORTGAGE BONDS OF THE 
concord and MONTREAL RAILROAD. 

Be it enacted, etc., as follows: 

Sectiox 1. Savinofs banks and institutions for savings savings banks, 

1 1 1 • T • . ■ J 1 y J. 1. etc., may invest 

are hereby authorized to invest in the tirst mortgage in cert,iin bonds 
bonds of the Concord and Montreal Eailroad, notwith- and MonTreai^ 
standing such company be formed by the union of two or Ka'i'-oad. 
more companies only one of which has paid regular divi- 
dends for the two years next preceding such investment 
on all its issues of capital stock, and notwithstanding the 
mortgage indebtedness existing on that part of its road 
formerly belonging to the Boston, Concord and Montreal 
Eailroad : provided, however, that said bonds shall be Proviso. 



250 1890. — Chapters 299, 300. 

issued in whole or in part to renew and refund said exist- 
ins: first morto:ao;e indebtedness, and that an amount of 
such bonds equal at the par value to the amount of such 
existing mortgage indebtedness shall, by the terms of the 
mortgage securing the same, be made applicable exclu- 
sively to the payment of such existing mortgage indebted- 
ness and, for the purpose of securing such payment at the 
maturity of the same, shall be deposited with and held by 
such trust company, incorporated under the laws of this 
Commonwealth and doing business in the city of Boston, 
as may be approved l)y the board of commissioners of 
savings banks. 

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

Approved May 19, 1890. 

Chan 299 ^^ ^^^ ^^ relation to the age and schooling certificates 

OF CHILDREN EMPLOYED IN FACTORIES, WORKSHOPS AND MER- 
CANTILE ESTABLISHMENTS. 

Be it enacted, etc., asfolloivs: 
Age and school- Sectiox 1. The followiug words shall appear on all 

mg cei tiricates ^ ^ o ^ l i ^ ^ 

of children in agc and schooHug certificates enumerated m section tour 
1888,348,' §4.' of chaptcr three hundred and forty-eight of the acts of the 
year eighteen hundred and eighty-eight after the name of 
the town or city and date : — This certificate belongs to 
the person in whose behalf it has been drawn, and it shall 
be surrendered to (him or her) whenever (he or she) leaves 
the service of the corporation or employer holding the 
same ; and an}^ such corporation or employer refusing to so 
deliver the same shall be punished by a fine of ten dollars. 
Penalty on ena- SECTION 2. Any corporatiou or employer holding auj 
age or schooling certificate enumerated in section four of 
chapter three hundred and forty-eight of the acts of the 
year eighteen hundred and eighty-eight and refusing to 
deliver the same to the person in whose behalf it has been 
drawn, \vhen such person shall leave the employ of said 
corporation or employer, shall be punished by a fine of 
ten dollars. Ajoproved May 19, 1890. 

ChaV'^OO -^^ ^^^ AMENDING AN ACT RELATING TO THE APPOINTMENT OF 
PORT WARDENS AND PILOTS FOR BUZZARD'S BAY AND MARTHA'S 
VINEYARD. 

Be it enacted, etc., asfolloivs: 

p.^s.^ToTriL*" Section 1. Section twelve of chapter seventy of the 
Public Statutes is hereby amended by striking out the 



1890. — Chapter 301. 251 

words " the said ports respectively", in the seventh line, 
and inscrtinjj: in ])lace thereof the words: — any or all of 
said ports within their jurisdiction, — so that the section 
shall read as follows : — /Section 12. There shall be Port wardens 
appointed by the governor, with the advice and consent Bull'ard's b°ay 
of the council, iive port wardens of the ports upon vlnej^a/d!"'^ 
Buzzard's bay and the island of Martha's Vineyard, two 
of whom shall reside in New Bedford or Fairhaven, two in 
Dukes county, and one in Wareham, and who shall hold 
their offices during the pleasure of the governor and coun- 
cil. They shall recommend to the governor suitable per- 
sons to be pilots for any or all of said ports within their 
jurisdiction, who shall receive commissions as such if 
approved by the governor with the consent of the council. 
Section 2. This act shall take effect upon its passage. 

Ajjproved May 19, 1890. 



Chapmi 



An Act to authorize the county commissioners of the 
county of bristol to lay out a highway and build a 

BRIDGE ACROSS COLE's RIVER IN SWANZEY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Bristol Highway com- 

. , . . , . - missioners may 

county may, if in their opinion public convenience and layout and 

•^.. -' ' . T / 1 . ' , , , build bridge 

necessity require, lay out a highway and construct a acroescoie's 
bridge over Cole's river in Swanzey, above the railroad swanzey. 
bridge now existing over said river. The plan and loca- 
tion of said bridge shall be subject to the approval and 
direction of the board of harbor and land commissioners, 
who shall also determine whether said bridge shall be 
built with or without a draw. 

Section 2. The county commissioners may borrow May borrow 
such sum or sums of money on the credit of the county of uo°n coLt^e'tc.' 
Bristol as may be necessary to carry into effect the pro- 
visions of this act ; and they shall determine what cities 
and towns receive a special benefit from the construction 
of such bridge, and assess upon them and also upon the 
county the cost of construction in such manner and in such 
proportions as they shall deem equita1)le and just. The Repairs and 
cost of repairing and maintaining said l)ridge shall l)e paid "'"'^ '^ 
by the cities and towns in said county, or by the county, 
in such manner and proportions as shall be determined by 
the county commissioners. Said commissioners, except 
as aforesaid, may proceed in the same manner as is now 
by law provided for laying out and constructing highways 



252 1890. — Chapters 302, 303. 

Assessments and collectiiio- the cost thereof. The commissioners may 

for better- ^ . , 

ments. make assessments for betterments resulting from the con- 

struction of said highway and bridge in like manner and 
with the same effect that a board of town officers, author- 
ized to hiy out ways, may make such assessments under 
the provisions of chapter tifty-one of the Public Statutes, 
in towns that have accepted the provisions of chapter one 
hundred and sixty-nine of the acts of the year eighteen 
hundred and sixty-nine, or of chapter three hundred and 
eighty-two of the acts of the year eighteen hundred and 
seventy-one. 

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

Approved May 19, 1890. 



Chap. 



>.302 -^N Act to amend an act relative to the publication and 

PRESENTATION TO THE GENERAL COURT OF CERTAIN PETITIONS. 

Be it enacted^ etc., as follows : 

t^i^2i^^T.^° Section one of chapter twenty-four of the acts of the 
year eighteen hundred and eighty-five is hereby amended 
Publication of SO as to I'cad as foUows : — Section 1. Whoever intends 
toVe'preLnted^ to prcscnt to thc general court a petition for the incorpo- 
court! ^^^^^^^ ration of a town or city, or for the division of an existing 
town or city, or for the incorporation of a I'ailroad, street 
railway, elevated railroad or canal company, or for the 
amendment, alteration or extension of the charter or cor- 
porate powers or privileges of any such company, either 
specially incorporated or organized under general laws, or 
for authority to take water for a water supply, or relative 
to building; structures over naviuable or tide-waters, shall 
give notice of such petition by publishing a copy of the 
same once a week for three successive weeks in such 
newspaper or newspapers as the secretary of the Com- 
monwealth, having regard to the locality of the interests 
involved in such petition, shall direct ; the last pu*blication 
to be made at least fourteen days before the session at 
which the petition is to be presented. 

Approved May 19, 1890. 

Chap.SOS An Act to provide an additional water supply for the citt 

OF SPRINGFIELD. 

Be it enacted, etc., as follows : 
Additional Section 1. The city of Springfield, acting by its board 

■water supply _ . . "^ ',, ^ . . ~ , '' , 

for the city of oi watcr commissioucrs, may, trom time to time by purchase 
pring e . ^^^ othcrwisc and for the purpose of increasing its water 



1890. — Chapter 303. 253 

supply, take, hold and convey to and into its system of 
water sujiply at any point thereof the water of any or all 
of the ponds, with the land thereunder, and the springs, 
surface and underground currents tributary thereto, which 
are located in said Springfield northerly of the north 
branch of Mill river, so called ; and may, for the pur- 
pose of increasing its water supply during the months of 
June, July, August, September and October in each year, 
take, hold and convey as aforesaid during such months 
from any convenient point on Jabish brook below Dor- 
man's mill in the town of Belchertown, to an amount to 
be established in the way hereinafter provided, such a 
part of the water of said brook as shall be determined by 
said board to be necessary for the supply of said city 
with water during all of the said months for the purposes 
now authorized by law ; and may by purchase or other- 
wise, for the purpose of increasing said water supply dur- 
ing all said months, take all of said water of said brook 
below said Dorman's mill, and may by purchase or other- 
wise take any and all land, property, rights of way and 
easements that may be necessary for holding, storing, 
preserving and conveying any of said water as aforesaid 
and for carrying out the objects of this act ; and may May erect dams 
erect on any land so taken proper dams, reservoirs, fix- and reservoirs. 
tures, structures, machinery and apparatus, may make 
such excavations and provide such other means as may be 
necessary or advisable for said purpose ; and may con- May lay down 
struct and lay down such conduits, canals, pipes or other througiTpubiVc 
works, under, through or over any land, water-courses, ^"a'ys."^^'^ 
railroads and public and private ways, as may be neces- 
sary or advisable for said purposes ; and for all proper 
purposes of this act may dig up any such land and, under 
the direction of the board of selectmen of said town, may 
enter upon and dig up any such public ways in said town, 
and may dig up any such ways in said Springfield, in such 
a manner as to cause the least hindrance to public travel ; 
and shall hold the town in which such ways are located 
harmless from all liability to parties claiming damages 
from any cause resulting from its acts. 

Section 2. Said city of Springfield shall, within sixty ^^ ^i^nd^""" °^ 
days after takino- any riohts of way, easements, land or taken, to' be re- 

•^ , ,. " X- 4-1 "^ 1 • il • J corded in the 

property tor any ot the purposes herein authorized, or registry of 
taking the water of all or any of said ponds with the land '^'''"^^' 
thereunder or the springs and currents tributary to such 



254 



1890. — Chapter 303. 



Method for 
measuring 
■water to be 
provided. 



Amount of 
water decided 
to be taken to 
be stated in cer- 
tificate and the 
same to be 
recorded. 



May take all the 
water below 
Dorman'e mill. 



ponds, file and cause to be recorded in the registry of 
deeds for the county in which any such land, rights of 
way, easements, ponds or property taken are situated, a 
description of such land, rights of way, easements, ponds 
or property sufficiently accurate for identification ; which 
description shall be signed by said board ; and if said city 
shall elect to take by measurement as herein provided any 
of the water of said Jabish brook for the supply of said 
city during said five months it shall file in the registry of 
deeds for the county of Hampshire, within sixty days 
after it shall have so elected, a statement in writing, signed 
by said board, setting forth that it has elected to take such 
water by measurement under the provisions of this act 
and in the way herein provided ; and upon the filing of 
said statement as aforesaid said city may proceed, under 
the authority hereinbefore given, to take any and all 
land, rights of way, easements and property, and to erect 
any and all structures, machinery and apparatus, and do 
any and all acts necessary or advisable for the diversion 
and use of the water of said Jabish brook by measurement 
as herein authorized ; and it shall provide a suitable method 
of measuring any water that it shall divert from said brook, 
which method shall be open to the inspection of any party 
interested and may be fixed by one or more civil engineers 
to be appointed, upon the application of any party inter- 
ested, after due notice and hearing, by any justice of the 
superior court. Said city, if it takes said water by meas- 
urement, shall, by the vote of its board of w^ater commis- 
sioners, before diverting any of the water of said brook 
determine annually the daily quantity of w'ater it elects to 
divert from said brook during said period of five months ; 
and shall, before diverting the same, file in the registry of 
deeds for Hampshire county a certificate signed by said 
board stating the daily quantity of water said city has 
determined to take and divert as aforesaid ; and the filing 
of said certificate shall be deemed to be the taking and 
appropriating of the quantity of w\ater therein stated for 
the period therein named ; but said city shall not be liable 
for damages by reason of the taking and appropriation as 
aforesaid nor shall any proceedings for the recovery of such 
damages be maintained until such period of five months 
shall have expired. 

Section 3. Said city, acting by said board, may, for 
said purpose at any time, take all of the water of said brook 



1890. — Chapter 303. 255 

nt any convenient point below said Dornian's mill during 
all of said mouths in each year ; and may, at any time, take 
all of the water of said brook and its tributaries at any 
convenient point below said mill for the permanent and 
constant increase of its said water supply ; and any elec- 
tion which shall be made by said city, as to the quantity of 
water it will take and the time during which it will take 
the same, shall not deprive said city of the right to there- 
after take said water in any way authorized by this act and 
diti'ering from that under which said city may have been 
takiuof t^aid water ; but whenever said city shall chano:e its wheucuy 
method of taking said water and make a new election under method of tak. 
the authority thereof, or if it shall take all of the water of ceftTifcate to^bJ 
said l)rook, it shall file in the registry of deeds for said •'^'^^''^ed. 
county of Hampshire a new certificate as aforesaid, set- 
ting forth what quantity of water and for what time it 
has decided to take the same, and the filing of said certifi- 
cate shall be deemed to be the taking of the Avater therein 
determined ; but no damages therefor shall be recovered 
until the water has actually been diverted. 

Section 4. In estimating the value for manufacturing vaiuefoimanu- 
purposes or the creation of power, of any water taken po'seTto be"de. 
hereunder by said city, the actual quantity of water to be actuaTqua'ntity 
diverted, withdrawn and conveyed away from said brook of water taken. 
only shall be considered ; and in no event shall said city 
be held liable for the value for manufacturing purposes of 
more water than is actually diverted if the same is taken 
by measurement as herein provided, or for more water than 
the construction of the works provided for the conveying 
of said water will admit of being diverted and withdrawn 
from the natural flow of said brook, if said water is not 
taken by measurement as aforesaid. Such quantities of 
water as may be taken from said brook by said city in 
times of freshet or flood, or whenever there is a wastage 
or surplus of water flowing over the dams in the course of 
said ])rook below the point of intaking of said city, shall 
not be charged against said city in estimating and deter- 
mining damages caused to mill owners and manufacturing 
corporations by the diversion of said water by the said 
city of Springfield under the authority of this act, unless 
actual damage resulting therefrom is shown. If any Deduction for 
measurable portion or part of the water withdrawn from "^'^^te of water. 
said brook by said city at the point of intaking shall at 
any time during its conveyance through the towns of 



256 



1890. — Chapter 303. 



Water compen- 
sation for mills 
on Chicopee 
River. 



City to pay 
damages for 
taking land, etc. 



Assessment for 
damages. 



Belchertown and Ludlow or after its reception in any 
storage reservoir or basin of said city, or if any measur- 
able quantity or quantities of water from any source or 
sources owned and controlled by said city shall be wasted 
or discharged from the works of said city and restored to 
any vvater-course through which the water diverted and 
withdrawn from said Jabish brook would have naturally 
flowed had it not been withdrawn and diverted, such 
quantity or quantities of water shall be deducted from the 
amount withdrawn from said Jabish brook at the point of 
intaking in estimating the damages to which any persons 
or corporations below the point of restoration of said water 
may be subjected ; and the quantity of water being drawn 
during the diflerent hours of the day shall be taken into 
consideration. 

Section 5. Said city shall, for the purpose of a water 
compensation to any parties owning or operating mills or 
mill privileges on Chicopee river for any water of which 
they may be deprived by the taking of any of the water 
of Jabish brook as aforesaid, cause to be released daily, 
whenever the same can be done without detriment to the 
supply of water required for its own uses, from Cherry 
valley reservoir into the old bed of Broad brook, a quan- 
tity of water not less than that being taken from said 
Jabish brook, and the value thereof shall be considered 
in the estimation of any damages claimed by said parties ; 
and said parties may by appropriate remedy compel said 
city to thus release said water. Said city shall pay all 
damages suffered by any person in his property by the 
taking of any land, rights of way, easements, water rights 
or property as hereinbefore provided, or from any other 
acts done under the authority hereof, but no damages shall 
be recovered from the taking of water until the water is 
actually diverted. Any damages suftered shall be assessed 
and determined in the way and manner provided by law 
when land is taken for the laying out of highways, and 
all proceedings for the recovery of damages shall be 

later than three years after the 
and if said city shall take said 
as hereinbefore provided, any 
depreciation in the value of the property of any person 
by reason of any uncertainty in the flow of said brook 
that shall result from such taking, shall be considered in 
the first petition brought by any person for damages. 



brought within and not 
right of action accrues ; 
water by measurement 



1890. — Chapter 303. 257 

Section Ci. Said city is authorized to erect at any city may erect 
point on said Ja1)ish brook l)elow the point from which it vo°rsr '^^'"^'^" 
shall divert any of the water thereof and above the junc- 
tion of said brook with Swift river, so called, storage 
reservoirs for the storage of water to compensate any 
owner of mills or mill privileges for any water of which 
such owner may be deprived by reason hereof; and the 
benefit such owner may receive thereby shall be taken into 
consideration in estimating any damages he may sufler 
under any acts done under the authority hereof; and for 
the purpose of the erection of said reservoirs said city may, 
in the way hereinbefore provided for the taking of other 
lands, take any and all lands, ways and other property 
necessary therefor, and erect thereon any and all dams 
and other structures required for the construction of such 
reservoirs. 

Section 7. The provisions hereinbefore contained Rights of 

I ^ . , . , , riparian owners 

shall not be construed to affect or restrict the right of on brook above 
riparian proprietors on said Jabish brook above the land to be affected. 
taken and used for the purposes of this act to use said 
brook for any purpose authorized by law ; nor as prevent- 
ing the use of the water of the brook for the purpose of 
supplying the town of Belchertown with water for fire and 
domestic purposes. 

Section 8. Said city, acting by its city council, is cuy may issue 

1 , , 1 • 1 /• , 1 ^ "^i, . . '^ ..-, coupon water 

hereby authorized, for the purpose of raising money with bonds. 
which to meet any part of any expense or liability which ^^'-■^^^• 
may hereafter accrue by reason of any acts done under 
the authority of this act, to issue coupon water bonds, to 
be signed by the treasurer and the mayor, to an amount 
not to exceed the sum of two 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 exceed four per centum per annum ; to which ])onds 
the sinking fund and water bond provisions of chapter 
three hundred and forty-five of the acts of the year eight- 
een hundred and seventy-two and of all the acts in addi- 
tion thereto and in amendment thereof shall apply. 

Section 9. All lands in Belchertown which shall be Taxation of 
acquired by said city under the authority hereof shall in Beicher- 
continue liable to taxation by said town at a valuation not '°^"' 
exceeding the assessed value thereof by the assessors of 
said town for the year eighteen hundred and eighty-ninf, 
and the valuation of such lands for the purposes of taxation 



258 1890. — Chapter 304. 

Collection and sliall Dot be affected by the flowage thereof or their use for 
taxes. the purposes of this act. Taxes assessed on said lands 

shall not constitute a lien thereon, but if the same shall 
remain unpaid for a period of thirty days after written 
demand for the payment thereof the collector of taxes for 
said town may bring suit to recover said tax. Said city 
may at any time prior to the bringing of such suit apply 
to the county commissioners for Hampshire county in the 
way and manner provided by statute in other cases of 
application for abatement of taxes ; and if such application 
is made such suit shall not be brought until such applica- 
tion is decided. Such suit shall be brought within two 
years after the tax is committed to the collector for col- 
lection. 

Section 10. This act shall take effect upon its passage. 

Apjjrovecl May 20, 1890. 



OhCl7J.S04: ^^ "^^^ '^^ PROVIDE A REMEDY IN CASES OF ALLEGED VIOLATION 

OF LAW BY INSURANCE COMPANIES. 

Be it enacted, etc., as follows : 
Foreign insur- Sectiox 1. Whenever, in the opinion of the insurance 

ance company . . ^ . . ^ , . , . 

violating the commissioucr, a torcigu insurance company doing business 
HeTby the°ora- iu this Comnionwcalth is conducting or attempting to con- 
missioner. ^|^^^ -^^ busiucss in violatiou of the laws of this Common- 
wealth, he shall, unless the supposed violation of law 
relates only to the financial condition or soundness of the 
company or to a deficiency in its assets, notify the com- 
pany not less than ten days before revoking its authority 
to do business in this Commonwealth ; and he shall specify 
in the notice the particulars of the supposed violation. 
?mnm^r'iiy°d'e^. "^^^^ suprcme judicial court upon petition of said com- 
termined by the pany, bi'ought witliiu the tcu days aforesaid, shall sum- 
marily hear and determine the question whether such 
violatiou has been committed and shall make any proper 
order or decree therein and enforce the same by any 
appropriate process. If the order or decree is adverse 
to the petitioning company, an appeal therefrom may be 
taken to the full court ; and in the case of such appeal the 
commissioner may issue his order revoking the right of 
said petitioning company to do business in this Common- 
wealth until the final determination of the question by the 
full court aforesaid. 



1890. — Chapters 305, 306. 259 

Section 2. Neither this act nor <anv proceedings there- criminal prose- 

a. ,, rt, , . . , " '. ^ T cution, etc., not 

er sliall atiect any criminal prosecution or proceeding to be affected. 

for the enforcement of any tine, penalty or forfeiture. 

Section 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 4. This act shall take efiect upon its passage. 

Approved May 20, 1890. 



Chap.305 



An Act to providk for the printing of lists of assessed 
polls in towns containing over five thousand inhabi- 
TANTS. 

Be it enacted, etc., as follows: 

The assessors of taxes of everv^ town having over five Lists of assessed 

, o polls to be 

thousand inhabitants, according to the last state or na- printed for pub- 
tional census, shall on or before the first day of August 
in each year cause street lists of the assessed polls of such 
town, arranged by voting precincts if the town is divided 
into voting precincts, to be compiled and printed in 
pamphlet form for public distribution. Said compilation 
shall be arranged so as to show under the number of the 
house, or if there is no number then under such other 
definite description of the dwelling place as will enable it 
to be readily ascertained, the names of all persons resi- 
dent in each dwelling and assessed for poll taxes. The 
said assessors shall send such number of copies thereof as 
ma}^ be required by the board of registrars of voters to 
the clerk of said board. Approved May 21, 1890. 



Chap.306 



An Act relating to the controller of county accounts and 
defining the powers of his deputies. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and thirty-eight of Amendment to 

^ 1887 438 

the acts of the year eighteen hundred and eighty-seven 
is hereby amended by striking out the second section 
thereof and inserting the following: — Section 2. The salary of con- 
annual salary of said controller shall be twenty-five hun- uej,'— saianes. 
dred dollars ; said controller may appoint, with the 
approval of the governor and council and subject to 
removal with their consent, to assist him in the discharge 
of the duties of his office, two deputies, each with an 
annual salary of fifteen hundred dollars ; and shall also be To be allowed 
allowed the actual expenses of himself and said deputies pTmcs."^^^ 
incurred in travelling in the discharge of oflicial duties. 



260 1890. — Chapter 307. 

depmles! Said deputies shall have the same power as the controller 

to call upon any officer or person whose accounts are 
under examination by them, for balances of public funds, 
whether on hand or on deposit, and may require exhibits 
or information relating to such accounts. 

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

Approved May 21^ 1890. 

ChCtp.SOl -^N ■^^'^ ^^^ ^^^ BETTER PROTECTION OP HUMAN LIFE IN HOTELS 

IN CASE OF FIRE. 

Be it enacted, etc. , as follows : 

bl'^pr^ovfcfed%*n SECTION 1, Evciy owncr, Icsscc, proprietor or mana- 
hoteiB. ger of a hotel situated in this Commonwealth shall, on or 

before the first day of January in the year eighteen hun- 
dred and ninety-one, place or cause to be placed a knotted 
rope or other better appliance for use as a fire escape in 
every room of said hotel used as a lodging room, except 
rooms on the ground floor ; which knotted rope or other 
better appliance shall be securely fastened at one end of it 
to a suitable iron hook or eye to be securely screAved in 
to one of the joists or timbers next adjoining the frame of 
the window, or one of the windows, of said room at least 
five feet from the floor, which rope shall be at all times 
kept coiled and exposed to the plain view of any occupant 
of said room ; the coil to be fastened in such manner as to 
be easily and quickly loosened and uncoiled ; such rope 
shall contain knots not more than eighteen inches apart, 
and a loop on the end at least three inches in length, and 
shall not be less than one-half inch in diameter and of 
sufficient length to reach from such window to the ground. 
Such rope, iron hook or eye and fastenings shall be ot 
sufficient strength to sustain a weight of four hundred 
pounds, and there shall be plain directions how to use 
such rope or other lietter appliance printed and posted 
within six inches of the hook or eye to which the rope is 
fastened : provided, however, that the owner, lessee, pro- 
prietor or manager of a hotel which is otherwise suitably 
provided with fire escape for the protection of human life 
in case of fire shall not be required to comply with the 
foregoing provisions. 
fo°brannua°iy'' Section 2. It shall bc the duty of the inspector ot 
inspected in buildings of cvcry city or town in the Commonwealth or, 
if there be no such officer, of the chief engineer or the 
officer performing the duty of chief engineer of the fire 



1890. — Chapters 308, 309. 261 

department of every city or town in the Commonwealth, 
in the month of May of each year, to inspect every room 
of every hotel in the city or town in which he is perform- 
inir the duty of inspector of buildings or of chief engineer, 
and to ascertain if the provisions of this act are complied 
with and to report the condition of the rope or other 
better appliance to the chief of the district police. 

Section 3. Any person violating any of the provi- Penalties, 
sions of this act shall be guiUy of a misdemeanor, and 
punishable by a fine of not more than five hundred dollars 
or imprisonment in the county jail or house of correction 
for not more than six months or by both such fine and 
imprisonment. 

Sectiox 4. This act shall take effect on the first day To take effect 
of January in the year eighteen hundred and ninety-one. ^^^^'^^ 

Apx)roved May 21, 1890. 

An Act relating to the oaths of county treasurers and nJi(X7).^0S 

REGISTERS OF DEEDS. 

Be it enacted, etc., as follows : 

Section 1. All county treasurers and registers of ^o be^sworn be- 
deeds, except in the county of Suffolk, shall be sworn commissionere. 
before the county commissioners of their respective 
counties and due record thereof shall be made by such 
commissioners. 

Sectox 2. So much of section one of chapter twenty- Repeal, 
three and of section six of chapter twenty-four of the 
Public Statutes as is inconsistent with this act is hereby 
repealed. 

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

Approved May 21, 1890. 

Ax Act to amend the public statutes relating to truants rijjf,^ ^OQ 

AND TRUANT SCHOOLS. -^* 

Be it enacted, etc., as follows: 

Sections thirteen and fourteen of chapter forty-ei^ht of P-^-^^'f^i^' 

,, -f-, ,,.,,., J 11 1 /. , , 14, amended. 

the rubhc Statutes are amended so as to read as follows : 

— Section 13. Whenever a truant school has been estab- Truant Bchoois 

^• ^ -I {y , iji •• n i . ■, for a county. 

hshed tor any county under the provisions of this chapter, 
it shall be the place of confinement, discipline and instruc- 
tion for all truants within the cities or towns of said 
county, unless said cities or towns have made other pro- 
visions therefor ; and police, district, or municipal courts, 



262 1890. — Chapter 310. 

trial justices, and probate courts, shall have jurisdiction, 
within their respective counties, of the oliences described 
in sections ten and twelve and all acts in amendment 
thereof and in addition thereto ; and may commit truants 
to such truant school or union truant school as may be 
established for their respective counties under the provi- 
For three or sious of this chapter. Section 14. If three or more 
more towns. ^qwhs iu any couuty so require, the county commissioners 
shall establish at the expense of the county, at a conven- 
ient place therein, other than the jail or house of correc- 
tion, a truant school for the confinement, discipline and 
instruction of minor children convicted under the provi- 
sions of sections ten and twelve and all acts in amendment 
thereof and in addition thereto ; and shall make suitable 
provisions for the government and control, and for the 
For contiguous appointment of proper teachers and olEcers thereof. But 
•the county commissioners of two, three or four contiguous 
counties may, and if three or more cities or towns in each 
of such counties require, shall, at the expense of said 
counties, e^rtablish for said counties at a convenient place 
therein a union truant school, to be organized and con- 
trolled by the chairmen of the county commissioners of 
said counties in the manner provided for the government 
and control of county truant schools by county commis- 
sioners ; and any count}" so uniting with another county 
or counties in the support of a union truant school shall 
not Ije required to support a truant school of its own. 

Ap2)roved 3Iay 21, 1890. 

OAttX>.310 ^^ ^^"^ ^^ RELATION TO THE BUSINESS OF CO-OPERATIVE BANKING. 

Be it enacted^ etc., as folloivs : 
Cooperative SECTION 1. Exccpt as is hereinafter provided, no per- 

banks to be in- ,. ^ . in ,. 

corporated. gon, assocuitiou or corporatiou shall carry on the business 
of accumulating the savings of its members and loaning- 
to them such accumulations in the manner of a co-opera- 
tive bank within this Commonwealth, unless incorporated 
under the laws thereof for such purpose. 

Foreign cor- SECTION 2. The boaixl of commissioncrs of savino^s 

porations to , , , . , . . 

make a deposit bauks may authorizc any such association or corporation 
iTrcrof the^'*^ duly established under the laws of another state to carry 
wealth""' 01^ such business in the Commonwealth, but said associa- 

tion or corporation shall not transact such business in this 
Commonwealth unless it shall first deposit with the treas- 
urer of the Commonwealth the sum of twenty-five thou- 



1890. — Chapter 310. 263 

sand (lolhirs and thereafter a sum equal to fifteen per cent. 
of the deposits made in such association or corporation 
by citizens of the Commonwealth, the amount of percent- 
age of deposits so required to be determined from time to 
time by said board of conmiissioners of savings banks : 
or in lieu thereof the whole or any part of said sum may 
consist of any of the securities named in the first, second 
and third clauses of section t^venty of chapter one hundred 
and sixteen of the Public Statutes and acts amendatory 
thereof, at their par value, and the said deposit shall be 
held in trust by said treasurer for the protection and 
indemnity of the residents of the Commonw^ealth with 
whom such associations or corporations respectively have 
done or may transact business. Said moneys or property Disposition of 
shall be paid out or disposed of only on the order of some pos'ited. ''^ 
court of coiupetent jurisdiction made on due notice to the 
attorney -general of the Commonwealth, and upon such 
notice to the creditors and shareholders of such associa- 
tion or corporation as the court shall prescribe. For the Examinations 
purpose of ascertaining the business and financial condi- s^ners"'^" 
tion of any such association or corporation doing or 
desiring to do such business, said board may make exam- 
inations of such associations or corporations at such times 
and at such places as said board may desire, the expense 
of such examinations l)eing paid by the association or cor- 
poration examined, and may also require returns to be 
made to them in such form and at such times as they may 
elect. Whenever, upon examination or otherwise, it is Authority to do 

■ 1 • • r ' -I 1 1 .lu i. 1 'J.' business may be 

the opmion ot said board that any such association or cor- revoked. 
poration is transacting business in such manner as to be 
hazardous to the public, or its condition is such as to 
render further proceedings by it hazardous to the public, 
said board shall revoke or suspend the authority given to 
said association or corporation, but this section shall not 
prevent such a bank or institution, incorporated under the 
laws of another state, from loaning money upon mort- 
gages of real estate located within the Commonwealth. 

Section 3. Every such person, association or corpo- to conform 
ration transacting business in the Commonwealth at the ments'^wthin 
time of the passage of this act shall, within sixty days '"^ty'iays. 
after such passage, conform to the requirements of this 
act. 

Section 4. Whoever violates any provision of the Penalties. 
preceding sections shall be punished hy a fine not exceed- 



264 



1890. — Chapters 311, 312. 



ing one thousand dollars ; and any provision thereof may 
on petition be enforced by injunction issued by a justice 
of the supreme judicial court or of the superior court. 
Section 5. This act shall take effect upon its passage. 

Approved May 21, 1890. 



Chaj) 



May drive piles, 
etc., in Mystic 
River, under di- 
rection of har- 
bor and land 
commissioners. 



Authority to 
build to be 
obtained from 
the board of 
aldermen. 



.311 ^^ ^^"^ "^^ AUTHORIZE THE CHELSEA YACHT CLUB TO BUILD A 
CLUB HOUSE NEAR CHELSEA BRIDGE IN MYSTIC RIVER. 

He, it enacted, etc., as follows : 

Section 1. The Chelsea Yacht Club is hereby author- 
ized, subject to the provisions of chapter nineteen of the 
Public Statutes, to drive not exceeding fifty piles, and to 
build thereon a club house, with a raft or float, on the 
easterly side of Chelsea bridge in Mystic river, about one 
hundred feet northerly from the northerly draw in said 
bridge. The location of the piles and the manner of 
building said structure shall be subject to the direction 
and approval of the board of harbor and land commis- 
sioners. The structure hereby authorized shall be occu- 
pied and used only for the lawful purposes of said yacht 
club, and may be removed by said board or by its direc- 
tion whenever such use ceases or if used for any other 
purpose. 

Section 2. Said structure shall not be built until 
authorized by the board of aldermen of the city of Chel- 
sea and shall be removed when ordered by them. 

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

Approved May 23, 1890. 



(7^tt».312 An Act to authorize the selectmen of the town of dracut 
TO cancel certain licenses and to refund the money 
received for said licenses. 

Be it enacted, etc., as folloios : 

Section 1. The selectmen of the town of Dracut are 
hereby authorized to cancel the licenses to sell intoxicat- 
ing liquors, granted by them under a vote of the town of 
the current year authorizing the granting of such licenses, 
and to refund to the licensees the money received for such 
licenses, provided the licensee shall assent thereto. 

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

Approved May 23, 1890. 



May cancel 
licenses and re- 
fund money re- 
ceived. 



1890. — Chapter 313. 265 

An Act to supply the town of ipsavich with water. Cha7).S\S 

Be it enacted, etc., as follows : 

^Section 1. The town of Ipswich may supply itself 7p°^^j,°/,„^y 
and its inhabitants with water for the extinouishment of su.pp'y i's^^'f 

/» /> 1 • f • T I With water. 

fires and for domestic, raanuracturing and other purposes ; 
may establish fountains and hydrants and relocate or dis- 
continue the same; and may regulate the use of such 
water and fix and collect rates to be paid for the use of 
the same. 

Section 2. The said town, for the purposes aforesaid, ^"^o^ndB^ "^"^"^ 
may take by purchase or otherwise and hold the waters of streams, etc. 
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 preserving any 
water thus obtained and for conveying the same to any 
part of the said town of Ipswich ; and may erect on the May erect dams, 
land thus taken or held proper dams, buildings, fixtures "" ^ ' 
and other structures, and may make excavations, pro- 
cure and operate machinery and provide such other 
means and appliances as may be necessary for the estal)- 
lishment and maintenance of complete and elFective water 
works ; and may construct and lay down conduits, pipes 
and other works under or over any lands, water-courses, 
railroads or pul)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 May dig up 

J .. 11 -i- Til 1 1 landa and ways. 

and re})airing 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 a description of 
taking of any lands, rights of way, water rights, water taken, to'i)e re 
sources or easements as aforesaid, otherwise than by pur- regis'try of ^ 
chase, file and cause to be recorded in the registiy 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 water 
commissioners hereinafter provided for. 



266 



1890. — Chapter 313. 



Payment of 



No application 
to be made for 
damages until 
water is 
diverted. 



Ipswich Water 
Loan, not to 
exceed 

$100,000. 



May sell securi- 
ties or pledge 
the same for 
money bor- 
rowed. 



Sinking fund to 
be established. 



Return to state 
amount of 
fund. 



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, 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 
years. No application for assessment of damages shall 
be made for the taking of any water, water right, or for 
any injury thereto, until the water is actually withdrawn 
or diverted by said town under the authority of this act. 

Section 5. The said town may, for the purpose of 
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 ; such bonds, 
notes and scrip shall bear on their face the words, Ips- 
wich 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 counter- 
signed by the water commissioners hereinafter provided 
for. The town may sell such securities at public or pri- 
vate 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 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 
of chapter eleven of the Public Statutes, or acts amenda- 



1890. — Chapter 313. 267 

tory thereof, shall state the amount of any sinking fund 
established under this act. 

Sectiox 7. The said town shall raise annually l)y tax- To raise by 
ation a sum which with the income derived from the water ctentlwuhin- 
rates will be sutficient to pay the current annual expenses waTe/mt™8, to 
of operating its water works and the interest as it accrues ^eLes.^tc! '^'' 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributions to the sinking fund 
as ma}' be required by the provisions of this act. 

Section 8. Whoever wilfully or wantonly corrupts, Penalty for wii. 
pollutes or diverts any of the waters taken or held under or di?e°ti^ng°^ 
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 there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the al)ove wilful or wanton acts shall 
be punished by a tine not exceeding three hundred dollars 
or by imprisonment not exceeding one year. 

Section 9. The said town shall, at a legal meeting water com- 
called for the purpose, elect by ballot three persons to ^ecTeT.*^'" '° 
hold office, one until the expiration of three years, one 
until the expiration of two years and one until the expira- 
tion 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 com- 
missioner shall be elected by ballot for the term of three 
years. All the authority granted to the town by this act 
and not otherwise specially provided for shall be vested 
in said board of water commissioners, who shall be sub- 
ject however to such instructions, rules and regulations as 
said town may impose by its vote. The said commission- To be trus'tees 
ers shall be trustees of the sinking fund herein provided fuud!^'" '°^ 
for and a majority of said commissioners shall consti- 
tute a quorum for the transaction of business relative 
both to the water works and to the sinking fund. Any vacancies. 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said 
tow^n at any legal town meeting called for the purpose. 

Section 10. Chapter three hundred and lifty-nine of f/g^'^glgf 
the acts of the year eighteen hundred and eighty-nine is 
hereby repealed. 

Section U. This act shall take efiect upon its accept- fe^p^ta.^Je'^.;^'^ 
ance by a two-thirds vote of the voters of said town two-thirris vote 



268 1890. — Chapteks 314, 315. 

present and voting thereon at any legal town meeting 
called for the purpose within three years from its pas- 
sage ; 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, 1890. 



Chap.^Xi: ^N Act to authorize subordinate lodges of the independent 

ORDER ODD FELLOWS, UNDER THE JURISDICTION OF THE GRAND 
LODGE OF MASSACHUSETTS, TO HOLD AND TRANSMIT REAL AND 
PERSONAL ESTATE AS VOLUNTARY ASSOCIATIONS. 

Be it enacted, etc., as follows: 

fo'd^g^/s'^may^hoid Section 1. Any subordinate lodge of the independent 
and pereo'n^aP''' <^i'^^er odd fcllows, duly chartered by and under the juris- 
estate. dictJou of the grand lodge independent order odd fellows 

of Massachusetts, may take, hold and convey real and 
personal estate in the name of such subordinate lodge as 
a voluntary association, under such rules and regulations 
as may be framed and prescribed therefor by said grand 
lodge. 

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

Approved May 23, 1890. 

ChCip.3\5 ^N ^CT TO AMEND AN ACT IN RELATION TO SAFE DEPOSIT, LOAN 

AND TRUST COMPANIES. 

Be it enacted, etc., as folloivs : 
money%''nreai Section 1. Evcry safc dcposit, loan and trust com- 
Bta^terand'on^'* P^^^y subjcct to the provisious of chapter four hundred 
personal and thirteen of the acts of the year eighteen hundred and 

security. . , . , */ ~ 

1888,413. eighty-eight is hereby authorized, subject to the limita- 

tions of section one of said act and of chapter three 
hundred and forty-two of the acts of the year eighteen 
hundred and eighty-nine, to advance money or credits, 
whether capital or general deposits, on real property 
situated within this Commonwealth and on personal 
security, on terms that may be agreed upon, and also to 
invest its money or credits, whether capital or general 
deposits, in the stocks, bonds or other evidences of 
indebtedness of corporations ; and all the rights and 
privileges necessary for the execution of such powders 

Proviso. are hereby granted : provided, that no safe deposit, loan 

or trust company whenever incorporated shall as agent, 
buy, sell or negotiate any securities or evidences of debt 
on which said company may not lawfully advance money 



1890. — Chapter 316. 269 

or credits, nor us such agent buy, sell or negotiate evi- 
dences of debts secured exclusively by real estate under 
mortgage or deed of trust. 

Section 2. Any incorporated trust company, or safe certain com. 
deposit and trust company, now transacting business in adopuhTpro- 
this Commonwealth and chartered by the legislature of Hf "" °^ ^^'^• 
this Commonwealth prior to the passage of chapter four 
hundred and thirteen of the acts of the year eighteen hun- 
dred and eighty-eight, may l)y vote of the majority of the 
stock represented at a special meeting of the stockholders 
legally called for the purpose accept and adopt as a part of 
their charters all the provisions of any one section or all 
the sections of said chapter four hundred and thirteen of 
the acts of the year eighteen hundred and eighty-eight ; 
and thereafter shall have all the powers and privileges 
and be subject to all the duties, liabilities and restric- 
tions set forth in such section or sections as may be thus 
accepted and adojited : provided, that a certificate signed Pi^o^iso- 
and sworn to by the clerk of such trust company, or safe 
deposit and trust company, setting forth the fact of such 
acceptance and adoption shall be tiled with the secretary 
of the Commonwealth and with the board of commission- 
ers of savings banks within ten days from the date of such 
special meeting. 

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

Approved May 23, 1890. 

An Act to provide for the registration and identification OJia'n.^lQ 

OF CRIMINALS. 

Be it enacted, etc., as follows: 

Section 1. Every convict now under imprisonment in Beruiion 
the state prison or w^ho is hereafter committed thereto, "se'd°fo.'°he^ 
every convict now under imprisonment in the Massachu- 1.'^°^!'''° "^ 
setts reformatory upon sentence for felony or who is here- 
after committed thereto upon such sentence, and every 
convict now under imprisonment in any jail or house of 
correction upon a sentence of not less than three years for 
felony or who is hereafter committed thereto upon such 
sentence, shall be measured and described in accordance 
with the system commonly known as the Bertillon method 
for the identification of criminals. The commissioners of 
prisons shall appoint persons in the official service of the 
Commonwealth to make the measurements and descrip- 
tions herein required. 



270 



1890. — Chapter 316. 



Measure, de- 
scription, and 
photograph to 
be recorded, 
etc. 



District attor- 
ney to forward 
to keeper of 
prison the 
criminal history 
of the convict. 



Record not to 
be published, 
except, etc. 



Not exceeding 
$200, to be ex- 
pended in in- 
struments and 
appliances. 

Travelling ex- 
penses to be re- 
imbursed to 
officer. 



Section 2. The warden of the state prison, the super- 
intendent of the Massachusetts reformatory, the keeper of 
any jail or the master of any house of correction shall, 
respectively, keep a record of such measurements and 
descriptions together with the criminal history of any con- 
vict so measured and described as shown by the records 
of the courts of this state or of any other state or by any 
other official records that are accessible ; there shall also 
be attached to the record, or filed in such a manner as to 
be readily found, a photograph or photographs of any 
such convict. 

Section 3. Whenever a person is convicted of a felony 
and is sentenced therefor to the state prison, to the Mas- 
sachusetts reformatory, or to a jail or house of correction 
for not less than three years, the district attorney who 
prosecuted the oflfender shall forward to the ofiicer in 
charge of the prison to which such convict is sentenced, 
upon blanks to be furnished by the commissioners of 
prisons, the criminal history of such convict as shown 
upon the trial. 

Section 4. The record herein named shall not be pub- 
lished except as far as may be necessary for the identifi- 
cation of persons convicted of a felony committed after 
release from prison. The officer in charge of a prison 
shall however exhibit the record to any person upon the 
order of any justice of the superior court or of any district 
attorney. A copy of the measurements, descriptions and 
histories herein required shall, upon a request therefor, be 
furnished by the officer in charge of any prison to the prin- 
cipal officer of a prison in any other state that requires by 
law the measurement and description of convicts and that 
has provided for furnishing to other states information 
concerning criminals. 

Section 5. The commissioners of prisons are hereby 
authorized to expend a sum not exceeding two hundred 
dollars for the purchase of instruments and appliances for 
taking the measurements named in this act. No compen- 
sation shall be allowed to any officer for performing any 
services required by this act, but the actual travelling ex- 
penses incurred by any officer in the performance of any 
duty herein required shall be reimbursed to him from the 
treasury of the Commonwealth. 

Section 6. This act shall take effect upon its passage. 

Approved May 23^ 1890. 



An Act atthorizing the city council of the city of hol 
yoke to establish a fire department. 



1890. — Chapters 317, 318, 319. 271 

Be it enacted^ etc., as follows: 

Section 1. All the powers and duties conferred by city council 
the provisions of chapter one hundred and fifty-four of the "flre^'dlfpart^ 
acts of the year one thousand eight hundred and seventy- uTe^agency^o^f'a 
three upon the city council of the city of Holyoke and the i^^J^^ 
mayor and aldermen thereof, in relation to the establish- 
ment of a fire de})artment, may be exercised and carried 
into effect by said city council in such manner as it may 
from time to time prescribe, and through the agency of any 
persons acting as a board whom it may from time to time 
designate ; and such persons shall serve without compen- 
sation. Said persons or board shall exercise all the pow- 
ers and duties conferred by existing statutes upon boards 
of engineers of fire departments or upon any member of 
said boards of engineers. 

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

Approved May 23, 1890. 



An Act to confirm a vote of the town of natick to appro- 
priate A SUM of money toward the erection of a statue 

OF henry WILSON. 

Be it enacted, etc., as foUoivs: 

The vote of the town of Xatick at the annual meetino- of Z°*!=?''L^"!l"i''l 
the current year that the sum of one thousand dollars be 
appropriated toward the erection of a statue of Henry 
Wilson is hereby ratified and confirmed. 

Ajyproved May 23, 1890. 



Chap.318 



meeting ratified. 



CJiaj^. 319 



An Act to fix the tenure of office of the police force in 

CERTAIN cities OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs : 

Section 1. All members of the police force of any Poisce to serve 
city of the Commonwealth, except the city of Boston, havlofin^cuie'^s"" 
which accepts this act shall hold office during good accepting act. 
behavior and until removed by the mayor of such city 
for cause deemed by him sufficient after due hearing. 

Section 2. All provisions of any general or special Repeal. 
act inconsistent herewith are hereby repealed as to any 
city accepting this act. 



272 



1890. — Chapter 820. 



Subject to ac- 
ceptance by the 
voters. 



Section 3. The provisions of this act shall be in force 
in any city of the Commonwealth, except the city of Bos- 
ton, Avhen it is accepted by the legal voters of such city 
voting at any annual city election at which the question of 
such acceptance has been submitted to them by vote ot 
their city council. Approved May 23, 1890. 



ChClV.?>2iO ^^ ^^'^ "^^ INCORPORATE THE CITY OF MAKLBOROUGH. 

Be it enacted, etc. , as follows : 



City of Marl- 
borough incor- 
porated. 



Government 
vested in the 
mayor, the 
board of alder- 
men and the 
common 
council. 



School com- 
mittee. 



Seven wards. 



Election on first 
Tuesday of 
December. 



Officers to be 
chosen at the 
municipal 
election. 



Section 1. The inhabitants of the town of Marlbor- 
ough shall, in case of the acceptance of this act by the 
voters of said toAvn as hereinafter provided, continue to 
be a body politic and corporate under the name of the 
city of Marlborough, 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 corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal aflairs of said city, with the govern- 
ment thereof, shall be vested in one officer to be called 
the mayor, one council to be called the board of alder- 
men, 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, and of the buildings and 
property pertaining thereto, shall be vested in a school 
committee. 

Section 3. The territory of said city shall be divided 
into seven wards, as hereinafter provided. 

Section 4. The municipal election shall take place 
annually on the first Tuesday of December, and the mu- 
nicipal year shall begin on the first Monday of January 
following. All meetings of the citizens for municipal 
purposes shall be called by warrants issued by order of 
the mayor and 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 this 
Commonwealth. Any person receiving the highest num- 



1890. — Chapter 320. 273 

ber of votes for any office shall be deemed and declared 
to be elected to such office ; and whenever two or more 
persons are to be elected to the same office, the several 
persons, to the number required to be chosen, receiving 
the highest number of votes shall be deemed and declared 
to be elected. 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 maj^or, or if the person elected 
ma\'or shall refuse to accept the office, or shall die before 
qualifying, or if a vacancy in said office shall occur subse- 
quently, 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 mayor 
is completed. If the full number of members of either vacancies. 
branch of the city council shall fail to be elected, or a 
vacancy shall occur in either branch, such branch shall 
declare a vacancy or vacancies to exist ; and thereu})on the 
board of aldermen shall order 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. The 
office of city clerk and city treasurer may be held and 
filled by one and the same person. 

Section 6. All meetings for the election of national, naUon°" county 
county and district officers shall be called by the mayor ""d district 
and board of aldermen in the same manner as meetmgs 
for municipal elections are called. 

Section 7. The board of aldermen may, when no con- ward rooms for 
venient ward room for holding the meeting of the citizens ings. 
of any ward can be had w^ithin the territorial limits of such 
ward, appoint and direct in the warrant for calling the meet- 
ing of such ward that the meetino; be held in some conven- 
lent 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 in which the election 
is held. 

Section 8. General meetings of the citizens qualified ,^|ro?cuiltns 
to vote may from time to time be held according to the "'^yi^eheid. 
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 purposes 
thereof shall, be duly called by the mayor and board of 
aldermen. 



274 1890. — Chapter 320. 

Office for th°e''' Section 9. The maj'or shall be elected by the quali- 
municipai year fied votei's of the entire city, and shall hold office for the 

and until sue- .., ,.. -iir. -ivrn /-t 

cesser is elected municipal year beginning with the nrst Monday oi Jan- 
qua 1 e . ^^yy ncxt succecding the election and until his successor 
is elected and qualified. The mayor shall be the chief 
executive officer of the city, and it shall be his duty to be 
active and vigilant in causing the laws, ordinances and 
regulations of the city to be enforced, and to keep a 
general supervision over the conduct of all subordinate 
officers. He shall have the power of veto provided by 

May suspend o;eneral law. He may suspend any officer, and may suspend 

any officer or * , j. i ..i x - i.u • 

work. any work or payment, whether on contract or otherwise, 

for a period not exceeding seven days ; but in such case 
he shall report his action with his reasons therefor to the 
city council, which shall take immediate action thereon. 
He may call special meetings of the city council or of 
either branch thereof, when in his opinion the interests 
of the city require it, by causing 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 com- 
municate to the city council or either branch thereof such 
information and recommend such measures as the busi- 
ness of the city may in his opinion require. He shall, 
when present, preside in the board of aldermen and in 
convention of the two boards, but shall have no vote 

Salary. cxccpt in casc of an equal division. He shall receive an 

annual salary of one thousand dollars, and the same shall 
l)e payable at stated periods. He shall receive no other 
compensation for his services. 

^olm.Vubjrct to Sectiox 10. The mayor shall appoint, subject to the 

confirmation, confirmation or reiection of the board of aldermen, a city 

police oliiceis .J <^ i 

and constables, marshal or chicf of police, and such number of other 
police officers and constables as the city council shall 
determine. The chief of police shall be appointed annu- 
ally, but all other police officers shall hold office 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 appointed a chief of 
])olice or constable to give a bond, with such security and 
to 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 by law provided in case of constables 



1890. — Chapter 320. 275 

bonds tiiken l)y the selectmen of towns. The compensa- compensation 
tion of the police and other subordinate officers shall be p" "''■' 
lixed by concurrent vote of the city council. 

Section' 11. Whenever there shall be a vacancy in vacancy iu 

, 1 ,„ ,. 1 ^ /• • I office of mayor. 

the olhce oi mayor, or whenever by reason ot sickness, 
absence from the city or other cause the mayor shall be 
disabled from attending to the duties of his office, the 
})resident 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 .^J'dul.o^com" 
from the qualified voters of each ward; two common mou^^u'icii- 

1 ■' inCD to 06 

councilmen shall be elected by and from the qualified elected by and 
voters of each w\ard. 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 which 
he is chosen, but a removal subsequently to another wnird 
of said city shall not disqualify any such officer from dis- 
charging the duties of his office during the remainder of 
the term. 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 board shall 
1)6 elected and qualified. They shall be sworn to the 
faithful discharge of their duties, and they shall receive 
no compensation 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 of each ^rltliltill on 
year, at ten o'clock in the forenoon, the mayor, aldermen the tim Monday 

■, ., 1 It . ^, . in Janu iiy. 

and common councilmen elect shall meet in joint conven- 
tion, when they shall be sworn to the faithful discharge 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 common council by their respective clerks. 
After the oath has been administered as aforesaid the two 
boards shall separate. The common council shall be organization of 

T , ,, , . ^ ^ ., , common coun- 

organized by the choice ot one ot its own members as cii. 
president and also by the choice of a clerk not one of its 
own members, to hold their offices respectively during the 
municipal year. The clerk shall be sworn to the faithful 
discharge of his duties, and his compensation shall be fixed 



276 



1890. — Chapter 320. 



Organization of 
board of 
aldermen. 



Record of pro- 
ceedings. 



Duties of city 
clerk. 



Executive 
powpr vested in 
mayor and 
aldermen. 



City council to 
make aiimial 
appropiiatione. 



by concurrent vote of the city council. The board of 
aldermen shall choose a president, who, in the absence 
of the mayor, shall preside at the meetings of the board 
of aldermen and of the two councils in joint convention. 
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 proceed to busi- 
ness in the same manner as if the mayor were present, and 
the oath of office may at any time thereafter be adminis- 
tered to the mayor and to any member of the city council 
who has been previously absent or has been subsequently 
elected ; and every oath shall be duly certified as aforesaid. 
Each board shall keep a record of its proceedings, and 
be the judge of the election of its own members. 

Section 14. The city clerk shall have charge of all 
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 
indexes, which books shall ])e 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 temi)orary absence of the city 
clerk the mayor, with the consent of the aldermen, may 
ap])oint a clerk pro tempore who shall be duly qualified. 

Section 15. The executive power of said city gen- 
erally, with all the powers heretofore vested by special 
statute in the selectmen of the town of Marlborough 
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 city council shall appropriate annu- 
ally the amount necessary to meet the expenditures of the 
city for the current municipal year ; and no further appro- 
priations shall thereafter be made 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 



1890. — Chapter 320. 277 

granted or appropriated, and shall secure a just and 
l)roper ;icc()untal)ility by requiring bonds, with sufficient 
pcnaUies and sureties, from all persons entrusted 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 
property 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 except that 
of the public schools as hereinbefore provided. The city 
council shall not authorize the erection of a school-house 
or any addition thereto nor pass any appropriation for such 
purpose until plans of the same have been approved by 
vote of the school committee, and until such approval has 
been certified in writing to the council l)y the chairman 
of said committee. It shall also have the sole care, To have care of 
superintendence and management of the public grounds °|^^y '^"'■'•"^ss, 
and cemeteries belonging to said city, and of all the shade 
and ornamental trees standing and growing 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. 

Sectiox 17. In all cases in which appointments are Noininations to 
directed to be made by the mayor and aldermen, the maym^'subject 
mayor shall have the exclusive power of nomination, o" re]\" u^n' b°y 
which nomination shall Ije subject however to confirma- aiciermen. 
tion or rejection by the board of aldermen. If a })erson 
so nominated be rejected, the mayor shall make another 
nomination within ten days from the time of such rejec- 
tion. No person shall be eligible by appointment or 
election by the mayor and aldermen, or city council, 
to any office of emolument the salary of which is pay- 
able out of the city treasury, who at the time of such 
election or appointment is a member of the city council. 
All sittings of the mayor and aldermen, 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. 

Sectiox 18. The city council shall have power within city council 
said city to make and establish ordinances and l)y-laws, mdunauces and 
and to affix thereto penalties as herein and by general afflx^penaJues. 
law provided, without the sanction of any court or jus- 
tice thereof: provided, however, that all the laws and 



278 1890. — Chapter 320. 

regulations now in force in the town of Marlborough shall, 
until they shall expire by their own limitations 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 ordinance or by-law may be made by the 
mayor or any head of a department or by any resident of 
the city. 
^y^om"'tr!'et8, Section 19. The city council shall have sole authority 
etc.; action first and powcr to ordcr the laying out, locatins: anew, or dis- 

to betoken 1 . -^ '=.„..'=', , 

by tioar.i of contmuiug 01, or making specinc repairs in, all streets and 
ways and all highways within the limits of said city, and 
to assess the damage sustained thereby ; but all questions 
relating to the su])ject of laying out, altering, repairing 
or discontinuing any street, way or highway shall first be 

Right of appeal, actcd upon by the mayor and aldermen. Any person 
aggrieved by any proceedings of the city council under 
this provision shall have all the rights and privileges now 
allowed by law in appeals from the decisions of selectmen 
or road commissioners of towns. 

Purchase of Section 20. Neither the mayor, members of the city 

supplies. , . . 

council, members of city boards or any ofiicer of the city 
shall directly or indirectly contract with or purchase from 
himself or any firm with which he is connected supplies, 
materials or labor on account of or for the use of the city. 
^eTk!°?eafurer, Section 21. The city council shall annually, as soon 
collector of after their organization as may be convenient, elect by 

taxes, city phy- i^ , '' ' .7 

eiciati, solicitor concurrcut votc a city treasurer, a collector of taxes and 
a city clerk, who shall hold their oflSces for the current 
municipal year following their election and until their 
respective successors shall be elected and qualified ; and 
said city council, 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 

Removal. their stcad : provided, however, that either of the oflicers 

named in tliis section may be removed at any time by the 

Vacancies. city council for sufiicicut cause. Vacancies occurring in 
the above named offices may be filled at any time in the 

Compensation, same manner for the unexpired term. The compensation 
of the officers mentioned in this section shall be fixed by 
concurrent vote of the city council. 

&epaaraent. Section 22. The clty council may establish a fire 



1890. — Chapter 320. 279 

department for said city, to consist of a chief engineer 
and of as many assistant engineers, enginemen, hosemen, 
hook-and-laddermen, and assistants, as the city council by 
ordinance shall from time to time prescribe ; and said coun- 
cil shall have authority to fix the time of their appoint- 
ment and the term of their service, to define their office 
and duties and in general to make such regulations con- 
cerning the pay, conduct and government of such depart- 
ment, the management of fires and the conduct of persons 
attending fires, as they may deem expedient, and may fix 
such penalties for any violation of such regulations or any 
of them as are provided for the breach of the ordinances of 
said city. The appointment of all ofiacers and members officers and 
of such department shall be vested in the mayor and alder- "pp'^inted by ^ 
men, exclusively, who shall also have authority to remove "|de°men!' 
from office any officer or member for cause sufficient in 
their discretion. The engineers so appointed shall be the 
fire wards 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. 

Sectiox 23. The city council shall have power to May establish 
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 Iniildings erected within 
said fire limits, stipulating their location, size and the 
material of which they shall be constructed, together with 
such 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 Assessors of 
acceptance of this act shall in the month of January e"ected°b/city 
choose by concurrent vote by ballot three persons to be ''°"°'=''- 
assessors of taxes, to serve, one for the term of three 
years, one for the term of two years and one for the term 
of one year, beginning with the first Monday of February 
then next ensuing and until their respective successors are 
chosen and qualified ; and thereafter the city council shall 
annually in the month of elanuary choose in the same man- 
ner one person as assessor, who shall hold office for the 
term of three years, beginning wnth the first Monday of 
February then next ensuing and until another is chosen 
and qualified in his stead. The city council shall annually 



280 



1890. — Chapter 320. 



Assistant 
assessors. 



Vacancies. 



Overseers of the 
poor to be 
elected bj- city 
council. 



Organization. 



Buperintendeiit 
of streets to be 
elected by 
mayor and 
aldermen. 



Compensation. 



ia the month of January choose by concurrent vote one 
person from each ward to be an assistant assessor for one 
year, beginning with the first Monday in February then 
next ensuing and until his successor is elected and quali- 
fied ; and it shall be the duty of the persons so elected to 
furnish the assessors with all necessary information rela- 
tive to persons and property taxable in their respective 
wards. Any vacancy occurring in the office of assessor 
or assistant assessor may be filled by concurrent ballot of 
the city council for the unexpired term. The compensa- 
tion of assessors and assistant assessors shall be fixed by 
concurrent vote of the city council. 

Sectiox 25. The city council first elected under this 
act shall, as soon after its organization as may be conven- 
ient, elect by concurrent vote three persons, legal voters 
of said city, to constitute a board of overseers of the poor 
in said city, one to serve for the term of 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 qualified ; and thereafter the 
city council shall annually in the month of January elect 
iu 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 annu- 
ally by the choice of a chairman, and they may annually 
elect, but not one of their own number, an almoner, who 
shall serve as clerk of the board, and who may be 
removed by the board ; the compensation of the almoner 
shall be fixed by the concurrent vote of the city council ; 
the members of the Iward shall serve without compensation. 

Section 26. The mayor and aldermen shall annually 
in the month of January elect a superintendent of streets, 
who shall hold office for one year from the first Monday 
of Februar}^ in the year in which he shall be chosen and 
until his successor is chosen and qualified, unless sooner 
removed. He shall be removable at the pleasure of the 
mayor and aldermen, and a vacancy may be filled at any 
time by the mayor and aldermen for the unexpired term. 
Said superintendent shall receive such compensation for 
his services as the mayor and aldermen shall from time to 
time determine, and shall devote his whole time to the 
service of the city. And said superintendent may appoint 
one or more foremen to act under his control and direc- 



1890. — Chapter 320. 281 

tion, who shall receive such compensation as the mayor 
and aldermen may from time to time determine. It shall J^'^.^^'orsueetsr^ 
be the duty of the sui)erintendent of streets, under the etc. 
general care and direction of the mayor and aldermen, 
to superintend the general state of the streets, roads, 
sidewalks, sewers, drains, bridges, parks, public places 
and scjuares of the city, and to attend to the making and 
repair of the same. Said superintendent shall perform To perform du- 
such further duties, not inconsistent with the nature of by^mayor"and 
his office, as the ma3^or and aldermen may prescribe. All ^''^'"■'"'^°- 
provisions of law applicable to the collection of city, 
county and state taxes shall apply to the collection of 
assessments under this act. Said superintendent shall in 
general, except as otherwise herein provided, have exclu- 
sively the powers and be subject to the duties, liabilities 
and penalties which are by law given to or imposed upon 
road commissioners of towns. 

Section 27. The city council first elected under this Board of health. 
act shall, as soon as convenient after its organization, elect 
I)y concurrent vote 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 3'ear from the 
first Monday in 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 Monday of February then next 
ensuing and until his successor shall be elected. Elec- One member to 
tions shall be so made that one member at least of said ^'^^ ^^ 
board shall be a physician. The compensation of the 
board shall be fixed by concurrent vote of the city council. 

Sectiox 28. The city council first elected under this Library com- 

, , 1, ■'i ' J ^^ •. • mittec to have 

act shall, as soon as may be convenient alter its organiza- care, etc., of the 
tion, elect by concurrent vote nine persons, legal voters p"*^'"^ library. 
of said city, to constitute a library committee, who shall 
have the supervision, management and care of the public 
library of said city. Said committee shall l)e elected to 
serve, three for three years, three for two years and three 
for one year from the first Monday of March 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 in the same manner three per- 
sons, legal voters of said city, to serve for three years from 



282 



1890. — Chapter 320. 



To appoint 
librarians. 



Vacancies. 



Board of water 
commissioners. 
1880, 191. 



the first Monday of February then next ensuing and until 
their successors are elected and qualified. Said committee 
shall annually appoint, but not from their own number, one 
or more librarians, to be under the direction and control 
of said committee, and may for sufficient cause remove 
such librarians. The compensation of such librarians shall 
be fixed liy concurrent vote of the city council. Any 
vacancy occurring in said committee may be filled by con- 
current vote of the city council at any time. The city 
council may at any time remove any member of said com- 
mittee. The members of said library committee shall 
serve without compensation. 

Sectiox 29. The city council first elected under this 
act shall, as soon after its organization as may be conven- 
ient, elect by concurrent vote three persons, legal voters 
of said city, to constitute a board of water commissioners 
in said city, one to serve for the term of three years, one 
for two years and one for one year from the first jNIonday 
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 
in 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 and qualified. Said board shall organize annu- 
ally by the choice of a chairman, and they may annually 
elect, but not from their own number, a water registrar 
and superintendent of water works. The water commis- 
sioners shall fix the salaries of such superintendent and 
registrar and may remove them or either of them for 
sutficient cause. Said commissioners shall have charge of 
the water works of said city and shall have and exercise 
all the rights, powers and authority granted to the w^ater 
commissioners of said town by chapter one hundred and 
ninety-one of the acts of the year eighteen hundred and 
eighty and all acts amendatory thereof or supplementary 
Compensation, thcrcto. The compcusatiou of such commissioners shall 
be fixed by concurrent vote of the city council. All the 
rights and obligations of the said town of Marlborough in 
relation to its water supply, and the special powers and 
authority heretofore conferred by law upon the inhabi- 
tants of said town to raise money for the construction and 
extension of its said water supply, shall be merged in the 
powers and obligations of the city. 



To elect water 
registrar and 
superintendent 



1890. — Chapter 320. 283 

Section 30. The c-ity of Marlborough shall have and p^4'°,''e'i^, 

exercise all the ri^-hts, ])o\vers and ]M-ivile<>-es ijranted to f""ted totown 

*" 111 ii*~^iii y ^"^^» 312, 

the town ot Marlborougli by chapter three hundred and etc. 

twelve of the acts of the year eighteen hundred and eighty- 
eight and acts in amendment thereto, and shall be subject 
to all the duties, ol)ligations and liabilities imposed upon 
said town l)y said chapter and amendments. The city sewerage con- 

.,,..1,1 1 ,1 • ill! stniction com- 

council hrst elected under this act shall, as soon as may miueetobe 
be convenient after its organization, elect by concurrent «''''<='*^''- 
ballot four persons, legal voters of said city, neither of 
whom shall be the mayor or an alderman, who, with the 
DKU'or and board of aldermen, shall constitute a sewerage 
construction committee, in whom shall be vested all the 
powers and privileges given to the construction committee 
by the provisions of said chapter three hundred and twelve. 
The members of the construction committee elected by the 
town of ^Marlborough under the provisions of said chapter 
three hundred and twelve, and holding said office at the 
time of the organization of the city council, shall continue 
to hold such office until said four members shall have been 
elected ))y the city council as hereinbefore provided, and 
until such election shall have and exercise all the powers 
and authority pertaining to said office. The mayor and 
aldermen shall have charge of the sewers and system of 
sewage disposal authorized by said chapter three hundred 
and twelve and amendments thereto, when completed as 
therein provided, and shall thereafter exercise all the 
rights, powers and authority gi'anted by said cha])ter and 
amendments thereto, and by ail general laws relative to 
the duties appertaining thereto. So much of said chapter Repeal. 
three hundred and twelve as is inconsistent with this act 
is hereby repealed. 

Section 31. All trust funds now held by the town Trust funcu. 
of ]Marlborough shall be held, controlled and admin- 
istered by the city council of the city of Marlborough 
subject to the same conditions and limitations that now 
exist. 

Section 32. Any vacancy occurring in any one of the vacancies and 
boards established under the provisions of sections twenty- 
four, twenty-five, twenty-seven, twenty-eight and twenty- 
nine may be filled by the city council by concurrent vote 
at an}^ 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. 



284 



1890. — Chapter 320. 



School com- 
mittee. 



Vacancies. 



Superintendent 
of schools. 



Chairman of 
certain boards, 
etc., to have 
seats with alder 
men and com- 
mon council. 



Section 33. The school committee shall consist of a 
board of eight persons, inhabitants of the city of Marl- 
borough, of whom one shall be elected by ballot from each 
ward by the qualified voters in said ward, and one shall 
be the mayor. At the first election under this act there 
shall be so elected, a member from each of wards one and 
two, to serve for the term of three years, beginning with 
the first Monday of January then next ensuing ; from each 
of wards three and four, a member to serve for the term 
of two years, beginning with the first Monday of January 
then next ensuing ; and from each of wards five, six and 
seven, a member to serve for the term of one year, begin- 
ning 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 mu- 
nicipal year. Any vacancy occurring in said committee 
may be filled for the remainder of the municipal year by 
the joint ballot of the city council and school committee 
in convention ; and for the unexpired term thereafter shall 
be filled at the first municipal election after such vacancy 
occurs. The members of the committee shall serve with- 
out compensation. Said committee shall annually elect 
one of their number chairman. Said committee shall 
annually appoint one of their own number to attend the 
meetings of the board of aldermen and common council 
for the purpose hereinafter mentioned. They shall annu- 
ally appoint, but not one of their own number, a super- 
intendent of schools who shall act as secretary of the 
board. The committee shall fix the salary of such super- 
intendent, and may remove him for sufficient cause. All 
the rights and obligations of the said town of Marlborough 
in relation to schools and the grant and appropriations of 
money for the support of the schools, and the special 
powers and authority heretofore conferred by law upon 
the inhabitants of said town to raise money for the sup- 
port of schools therein, shall be merged in the» powers 
and obligations of the city. 

Section 34. The chairman of the board of overseers 
of the poor and the chairman of the board of water com- 
missioners and the member of the school committee 
appointed for that purpose, shall be respectively entitled 
to seats with the board of aldermen and common council, 



1890. — Chapter 320. ii85 

and shall have the right to discuss all matters relating to 
their respective departments of city affairs, but without 
the right to vote. They shall be 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 oflice or the discharge of the duties thereof. 

Sectiox 35. All o-eneral laws in force in the town of paws haying 

-»rii 11 I ' 1111 1 1" force in the 

Marlborough when this act shall be accepted, as herein town to con- 
provided, and all special laws heretofore passed with refer- city!'" 
ence to the said town of Marlborough, and which shall 
then have been duly accepted l)y said town, and which shall 
be then in force therein, shall, until altered, amended or 
repealed, continue in force in the city of Marlborough, so 
far as the same are not inconsistent herewith. 

Section 36. The passage of this act shall not affect _^g|g[e j""' '° ''^ 
any rights accruing or accrued, or any suit, prosecution 
or other legal proceedings pending at the time when this 
act shall go into operation, and no penalty or forfeiture 
previously incurred shall Ije affected hereby. All persons 
holding office in said town at the time this act shall'take 
effect shall continue to liold the same, notwithstanding the 
passage hereof, until the organization of the city govern- 
ment hereby authorized shall be effected, and until the 
successors of such officers shall be respectively elected 
and qualified. 

Sectiox 37. Upon the acceptance of this act, as herein Tenitory to be 
provided, the selectmen of said town shall forthwith divide seven wards. 
the territory into seven wards, so that they shall contain, 
as nearly as may be consistent with well defined limits to 
each, an equal nural)er of voters in each ward ; and they 
shall designate the wards l)y numbers. They shall for snitaWe polling 
the purpose of the first municipal election to be held here- provided. 
under, which shall take place on the first Tuesday of the 
December next succeeding such acceptance, provide suit- 
able polling places in the several wards, and give notice 
thereof; and shall, at least ten days previous to the said 
first Tuesday in December, appoint all proper election 
officers therefor; and they shall in general have the pow- 
ers and perform the duties of the ma3'or and the board of 
aldermen of cities under chapter two hundred and ninety- 



286 



1890. — Chapter 320. 



Lists of voters 
to be published, 



Selectmen to 
notify mayor, 
etc., elect. 



To provide 
place for meet- 
ing of school 
committee, and 
notify members. 



Meeting for sub- 
mission of 
question of 
acceptance. 



nitie of the acts of the year eiofhteen hundred and eighty- 
four and chapter four hundred and thirteen of the acts of 
the year eighteen hundred and eightj^-nine, the provi- 
sions of which shall, so far as a})plicable, 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 pul)lished lists of the quali- 
lied voters in each of the wards established by the selectmen. 

Skction 38. The selectmen shall notify the persons 
elected mayor, aldermen and common councilmen sever- 
ally of their election, and shall appoint a place for the 
first meeting of aldermen and common council on the first 
Monday of 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 effect the provisions of this act, which shall 
then have full force and eti'ect. The selectmen shall in 
like manner provide and appoint a place and time for the 
first meeting of the school committee, and notify the mem- 
l>ers elect thereof. Nothing herein shall aliect the annual 
meeting in said town for the election of the national, state, 
district and county officers which may be held after the 
acceptance hereof. 

Section 39. A meeting may be called for the purpose 
of submitting the question of the acceptance of this act to 
the legal voters of said town at any time after the pas- 
sage hereof, except in the months of November and 
December. At such meetings the polls shall be open not 
less than eight hours, and the vote 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 ninety, 
entitled ' An act to incorporate the city of Marlbor- 
ough,' be accepted?"; and the affirmative votes of the 
majority of the voters present and voting thereon shall 
be required for its acceptance. If at the meeting so 
called this act shall fail to be thus accepted, it may, at 
tlie expiration of one year from any such previous meet- 
ing, be again thus submitted for acceptance, but not after 
the period of three years from the passage hereof. 



1890. — Chapter 321. 287 

Section 40, So much of this :ict as authorizes the sub- when to take 
mission of the question of its acceptance to the legal vot- 
ers of said town shall take effect upon its passage, but it 
shall not take further eifect unless accepted by the legal 
voters of said town as herein prescribed. 

Approved May 23, 1890. 

An Act concerning the insolvency of foreign corporations. Qlinyf 321 
He it enacted, etc., as follows : 

Section 1. All foreign corporations which are or may Foreign cor- 
be subject to the provisions of chapter three hundred and iMoK-ency'in 
thirty of the acts of the year one thousand eight hundred p.'s^\t7^.' 
and eighty-four, excei)ting railroad and banking corpora- is84, 330. 
tions, may take the benefit of section one hundred and 
twenty-seven of chapter one hundred and fifty-seven of 
the Public Statutes and acts amendatory thereof: and 
sections one hundred and twenty-eight, one hundred and 
twenty-nine and one hundred and thirty of said chapter 
shall apply to such corporations so far as any property or 
assets within the Commonwealth are concerned ; and said 
corporations may be proceeded against in accordance with 
section one hundred and thirty-six of said chapter in the 
cases in said section mentioned ; and in such proceedings 
service upon the commissioner of corporations shall be a 
sufiicient notice to the corporation of the presentment of 
the petition by creditors as authorized by said statutes ; 
and thereupon such further proceedings shall be had as 
are in said section authorized. The petition shall be pre- 
sented in the county where said corporation has its prin- 
cipal place of business within the Commonwealth. 

Section 2. The assignees appointed under authority Powers and 
of this act shall have all the title, rights, powers, duties assignees. 
and privileges that assignees of Massachusetts corpora- 
tions have under chapter one hundred and fifty-seven of 
the Public Statutes so far as any property rights or credits 
within the Commonwealth, or which may be put into their 
possession by said corporation, are concerned. And it 
shall be their duty so far as practicable to distribute such 
assets in such a manner that all creditors of the insolvent 
corporation whether within this state or elsewhere shall 
receive proportionate dividends out of the assets of said 
corporation, whether the same are within the control of 
said assignees or not; excepting always, that the claims 
entitled to priority under chapter one hundred and fifty- 



288 



1890. — Chapter 322. 



seven of the Public Statutes shall have the same priority 
under this act as is given in said chapter. 

Sectiox 3. This act shall take etiect upon its passage. 

Approved May 23, 1890. 



May extend 
road into this 
Common- 
wealth. 



QJlOffi .^^2i2i ^N Act to authorize the providence, ponagansett and spring- 
field RAILROAD COMPANY TO EXTEND ITS ROAD INTO THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Sectiox 1. The Providence, Ponagansett and Spring- 
field Railroad Company, a corporation duly established in 
accordance with the laws of the state of Rhode Island or 
of the state of Co'nnecticut, is hereby authorized to locate, 
construct, maintain and operate an extension of its rail- 
road, with one or more tracks, from a point in the boun- 
dary line between the Commonwealth and the state of 
Connecticut, into the city of Springfield through the towns 
of Hampden or Longmeadow or both ; to lease or other- 
wise to acquire the line or property and franchises of any 
railroad or railroads lying upon or along said route ; to 
take land for the construction or maintenance of said rail- 
road and for terminal facilities in the manner provided by 
the general laws of the Commonwealth relating to rail- 
road corporations, and to take, carry and transfer persons 
and property upon such road for hire : jrwvided, however, 
that should said corporation fail to place in the state li- 
brary, on or before the first day of September in the year 
eighteen hundred and ninety, a map of the proposed route 
on an appropriate scale, with a profile thereof on a verti- 
cal scale of ten to one as comjjared with the horizontal 
scale, accompanied and supported by the report of a skilful 
engineer founded on actual examination of the route and 
by other proper evidence showing the character of the 
soil, the manner in which it is proposed to construct the 
road, the general profile of the surface of the country 
through which it is proposed to be made, the feasibility 
of the route and an estimate of the probable expense of 
construction ; then in that event this act shall be void and 
of no effect. 

Section 2. Said corporation may mortgage that part 
of its road authorized to be located, built and operated in 
the Commonwealth, to an amount not exceeding twenty- 
five thousand dollars per mile for each mile of single 



May take land 
for construction, 
etc. 



Proviso. 



May mortgage 
road. 



1890. — Chapter 323. 289 

track, and in addition thereto ten thousand dollars for 
each mile of doul^le or additional tracks, and may issue 
bonds secured thereby either coupon or registered ; and 
may include in and transfer and convey in any mortgage 
deed it may execute as security for such bonds transfer- 
ring and conveying its property and franchise in Rhode 
Island and Connecticut, the track, land, franchise and 
other rights and property of said corporation in Massa- 
chusetts. 

Sectiox 3. One director of said railroad corporation One director to 
shall reside in the Commonwealth, and as to the location, common-^ ^ 
construction, maintenance and operation of its railroad ^^''"'i- 
and property in the Commonwealth and the use and man- 
agement thereof, said corporation shall be subject to the 
general laws which now are or may be hereafter in force 
in relation to railroad corporations ; and shall have the 
same rights and be subject to the same liabilities as rail- 
roads organized under the genei'al laws of the Common- 
wealth. 

Section 4. In the construction of the road there shall ^"be'cro8Jed°a\ 
be no crossing of a public way at grade. srade. 

Section 5. Said corporation shall locate and construct Location and 

. , . . 1 , . construction. 

the extension hereby authorized betore the first day of 
August in the year eighteen hundred and ninety-four. 
Section 6. This act shall take effect upon its passage. 

Approved May 23, 1890. 

An Act to incorporate the lowell trust company. Oh nil 3^3 

Be it enacted, etc., as follows : 

Section 1. Charles H. Hanson, Edward J. Noyes, Loweii Trust 
Thomas C, Lee, John J. Cluen, Daniel J. Murphy, Denis co^rporTted!"^' 
]\Iurphy, John W. Corcoran, John J. Donovan, George 
]\I. Harriijan, George B. Ijoring and William J. Cough- 
Ian, their associates and successors, are hereby made a 
corporation by the name of the Lowell Trust Company, 
with authority to establish and maintain a safe deposit and 
trust company in the city of Lowell ; with all the powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in all general laws which are now or 
may hereafter be in force relating to such corporations. 

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

Approved May 23, 1890. 



290 



1890. — Chaptees 324, 325. 



C/?«2- 



19.324 ^N -'^CT TO CONFIRM A VOTE OF THE TOWN OF WARREN TO APPRO- 
PRIATE A SUM OF MONEY FOR THE CELEBRATION OF THE ONE 
HUNDRED AND FIFTIETH ANNIVERSARY OF THE INCORPORATION 
OF SAID TOWN. 



One hundred 
and fiftieth an- 



Be it enacted^ etc., asfoHoivs: 

The vote of the town of Warren at the annual meeting 
niversary of The held on the scvcnth dav of April in the year eighteen hun- 

tOWD of . . t/ o 

Warren. dred and ninety, appropriating the sum of two hundred 

and fifty dollars for the celebration of the one hundred and 
fiftieth anniversary of the incorporation of said town, is 
herel)y ratified and confirmed. Approved May 23, 1890- 



Registries of 
deeds and of 
probate in 
I'lymouth and 
court house in 
Brockton, to be 
built. 



(7Att7?.325 -^^ ^^^ ^^ PROVIDE FOR A REGISTRY OF DEEDS AND REGISTRY 
OF PROBATE AT PLYMOUTH AND A COURT HOUSE AT BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Plymouth are hereby authorized and required to erect in 
the town of Plymouth a suitable fire-proof building for 
the registry of deeds and registry of probate ; and in the 
city of Brockton a suitable court house for the better 
accommodation of courts in said county; and may for 
said purposes borrow on the credit of the county and 
expend therefor a sum not exceeding one hundred thou- 
sand dollars, of which sum not less than twenty thousand 
dollars shall be expended in the erection of said fire-proof 
building at Plymouth. 

Section 2. The county commissioners of said county 
are hereby authorized and required to take and hold, by 
purchase or otherwise, so much land as they may deem 
necessary for the erection thereon of a court house in the 
city of Brockton and for other purposes incidental 
thereto ; and they shall, within thirty days from the 
time when they shall take any parcel of land under this 
act, file in the otfice of the registry of deeds for said 
county and cause to be recorded a description of the land 
so taken as certain as is required in a common convey- 
ance of land, with a statement of the purpose for which 
it is taken ; which description and statement shall be 
signed by said commissioners ; and said county shall be 
Damages. liable to pay all damages that shall be sustained by any 

person or persons by reason of the taking of such land as 
aforesaid ; such damaijes to be ascertained and determined 



Commissioners 
may take land. 



Description of 
land taken, to 
be recorded in 
the registry of 
deeds. 



Certificate of 
amount of re- 



1890. — Chapters 326, 327. 291 

in the manner provided for ascertaining and determining 
damages in the case of laying out, altering and discon- 
tinuing of highways. Approved May 23, 1890. 

An Act relating to the reduction of capital stock by street (7Aa».326 

RAILWAY CORPORATIONS. 

Be it enacted, etc., as folloivs : 

Section 1. The board of railroad commissioners u]wn Reduction of 

. . . ^ capital etock by 

the petition ot a street railway company tor authority to railroad cor- 
reduce the capital stock of the company, such petition ^° ** '""*" 
being presented in accordance with a vote of the stock- 
holders at a meeting called for the purpose, may, after a 
hearing and such examination of the financial condition of 
the company as it deems requisite, authorize such reduc- 
tion to be made if it appears to be consistent with the 
public interest and with the limitations imposed by the 
general laws and by any special laws to which the cor- 
poration may be subject. The certificate of the board 
specifying the amount of the reduction and such other '*"f'°°' f ?•> 

i . »'. O . , to be hied m 

limitations and provisos as may be deemed expedient office of secre- 
shall forthwith be filed in the office of the secretary of monweaith. °'°' 
the Commonwealth. When such reduction is made no 
money or other property shall be paid or transferred to 
the stockholders unless such payment or transfer is spe- 
cially authorized by the board, and also by a vote of the 
directors of the corporation taken by yeas and nays at a 
meeting called for the purpose, and the directors voting 
therefor shall be jointly and severally liable for the debts 
or contracts of the corporation existing at the time when 
the capital is reduced, to the amount of the property paid 
or transferred to the stockholders. 

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

Approved May 23, 1890. 

Am Act making appropriations for furnishing the new nh^Y) S27 

ARMORIES IN THE CITIES OF BOSTON, LOWELL AND WORCESTER, ^' 

AND FOR CERTAIN OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Common- 
wealth, from the ordinary revenue, for the purpose of 
furnishing the new armories in the cities of Boston, Lowell 



292 



1890. — Chapter 328. 



State lunatic 
hospital at 
Taunton. 



Acts and re- 
solves of prov- 
ince of Massa- 
chusetts Bay. 



John C. 
Lawrence. 



Hezekiah 
Andrews. 



Report of trus- 
tees of agri- 
cultural college. 



City of Quincy. 



and Worcester, and for certain other expenses authorized 
by hiw, to wit : — 

For certain repairs and improvements at the state lunatic 
hospital at Taunton, a sum not exceeding fifteen thousand 
dollars, as authorized by chapter forty-six of the resolves 
of the present year. 

For printing additional copies of volume five of the acts 
and resolves of the province of the Massachusetts Bay, a 
sum not exceeding three hundred and twenty-five dollars, 
as authorized by chapter forty-eight of the resolves of the 
present year. 

For John C. Lawrence of Boston, the sum of three 
hundred and fifty dollars, as authorized by chapter forty- 
nine of the resolves of the present year. 

For Hezekiah Andrews, the sum of two hundred dollars, 
as authorized by chapter fifty of the resolves of the pres- 
ent year. 

For printing extra copies of a portion of the twenty- 
seventh annual report of the trustees of the Massachusetts 
agricultural college, a sum not exceeding two hundred 
and twenty dollars, as authorized by chapter fifty-one of 
the resolves of the present year. 

For the city of Quincy, the sum of two thousand and 
sixty dollars and fifty cents, as authorized by chapter 
fifty-three of the resolves of the present year. 

For furnishing the new armories in the cities of Boston, 
Lowell and Worcester, a sum not exceeding thirty-one 
thousand five hundred dollars, as authorized by chapter 
fifty-four of the resolves of the present year. 

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

Ajyjyroved May 23, 1890. 



Chew 328 ^^ ^^^ RELATING TO THE EXPENSES ATTENDING THE COMMIT- 
MENT OF PRISONERS. 

Be it enacted, etc., as folloios: 

Sectiox 1. The expense of serving a mittimus or 
other warrant of commitment shall in all criminal cases be 
deemed a part of the expense of prosecution, and defend- 
ants who pay the costs of prosecution after commitment 
shall also pay such expense of commitment. The copy of 
the mittimus in final process, required by existing law to 
be left with the master, keeper or superintendent of any 
penal or reformatory institution at the time a prisoner is 



Expense of com- 
mitment to be 
deemed part of 
expense of 
prosecution. 



Copy of mitti- 
miis to contain 
statement of 
fees. 



1890. — Chapters 329, 330. 293 

committed to such institution, shiiU contain a detailed 
statement of the fees of the officers for such commitment. 

Section 2. Section sixty-live of chapter one hundred t\'ii!'vi!,T>il? 
and fifty-five of the Public Statutes is amended by adding 
thereto the following : — And if the appeal was from a 
sentence to pa}^ a fine and costs, or either of them, the fees 
of the jailer shall be paid by the appellant if after the 
appeal is withdrawn he pay the fine and costs as provided 
in section sixty-three of said chapter. 

Approved May 23, 1890. 

An Act concerning the use of names by certain corpora- (J/icin.S'20 

TIONS organized UNDER THE LAWS OF OTHER STATES OR COUN- 
TRIES AND DOING BUSINESS IN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. All corporations organized under the laws Foreign bank- 
of another state or country, carrying on a banking, mort- poration's, doing 
gage, loan and investment or trust business within this commonwealth, 
Commonwealth, shall indicate the state or country in g?ate''oTcountlT 
which such foreign corporation is chartered or incorpo- ^p°^ aii docu- 

O.J- . . ^ ments, etc. 

rated, upon all its signs, advertisements, circulars, letter 
heads and other documents containing its name, in letters 
equally conspicuous with the name of such corporation. 

Section 2. Whoever violates any provision of the Penalties. 
preceding section shall be punished by a fine not exceeding 
one thousand dollars ; and any provision thereof may, on 
petition, be enforced by injunction issued by a justice of 
the supreme judicial court or of the superior court. 

Section 3. This act shall take efiect on the first day to take effect 
of July in the year eighteen hundred and ninety. 

Approved May 23, 1890. 

An Act belatino to unclaimed funds in the hands of clerks (JJimj.^^O 

OF courts. 

Be it enacted, etc. , as follows : 

Section 1. Clerks of courts having in their hands or Moneys of in- 

,-, T'lir •! . • 11 solvent savings 

custody moneys or dividends of any insolvent savings bank banks, etc., re- 
or insurance company whose affairs have been wound up daimTI for ten 
in any competent court, which moneys or dividends have ^fcierks*^of°^^ 
remained unclaimed for more than ten years after final courts, to be 

-., . "^ 111/- paid into the 

settlement ordered by the court in such cases, shall, after state treasury. 
deducting therefrom all sums due to said clerks, to the 



294 1890. — Chapter 33 1 . 

respective counties or to the Commonwealth, for fees or 

expenses of any description, pay over the balance to the 

treasurer of the Commonwealth and file with him a schedule 

of the names and residences, so far as known to said clerks 

or shown by the record, of the parties entitled thereto. 

The fees and expenses so to be deducted shall be audited 

and adjusted by the controller of county accounts and 

paid forthwith to the persons entitled to the same. Upon 

such payment of fees and expenses and of the l)alance to 

the treasurer as aforesaid the responsibility of such clerks 

for such moneys and dividends shall cease. 

When held by Section 2. The fuuds paid over to the treasurer of 

claimed, etc., thc Commouwealtli under the provisions of this act shall 

tresrheauo^the bc held by him in trust for the term of two years ; and if 

wealth?"' riot paid over by him in that time to the persons entitled 

thereto, upon proper demand and satisfactory evidence of 

the identity of the claimant and of the justice of the claim, 

such funds shall escheat to the Commonwealth. 

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

Approved May 23, 1890. 



OF TAXES AND TUE FEE 
DEED. 



(77ift7J.331 ^^ ^^^ '^ RELATION TO THE COLLECTION 

FOR PREPARING A TAX 

Be it enacted^ etc., as follows: 
Collector may SECTION 1. "VVhcn a tax is duc from any person the 

send eummoDS, ,,. i- ii/»i 

when tax is collcctor of taxcs may, before making a demand tor the 
mTkinI demand payment thereof as required by law, mail post paid or 
for payment, q^'^^q ^q i^q delivered a summons to such person, stating 
therein the amount due and that unless the same is paid 
within ten days, with twenty cents for the summons, the 
collector will proceed to collect the same according to 
law. 
^Z"i^/."?Q*° Section 2. Section three of chapter three hundred and 
thirty-four of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by adding after the words 
"to wit", in the twelfth line, the words: — For a sum- 
mons, twenty cents, — and by striking out the words 
" For preparing deed, one dollar", in the last line of said 
section, and substituting therefor the words: — For pre- 
paring deed, two dollars, — so that said section as amended 
Repeal; shall I'cad as follows : — Section 3. Sections twenty-nine 

i™88"39of°*' and forty-one of chapter three hundred and ninety of the 
acts of the year eighteen hundred and eighty-eight are 



1890. — Chapter 332. 295 

repealed ; and section seven of said chapter is amended to 

read as follows : — Section 7. The collector shall, unless collector to 

1 • A • 1 J 1 1 • complete collec- 

removed irom orhce, as hereinatter provided, or unless nis uon of taxes 
tax list has been transferred to his successor, as provided om^ce eipir'^efl. 
b}' law, complete the collection of taxes committed to him, 
althoush his term of office expires before such completion. 
He shall l)e allowed the following charges and fees, and no 
other, which shall be severally added to the amount of the 
tax after they have accrued, to wit: — For a summons. Fees. 
twenty cents. For arrest by collector or other officer, one 
dollar. 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 ]ierson, one dollar. For recording affidavit, 
the register's fees. For preparing deed, two dollars. 
Section 3. This act shall take eftect upon its passage. 

Approved May 23, 1890. 



An Act to amend the public statutes relative to placing 
obstructions upon railroad tracks. 



Chap.d32 



Be it enacted, etc., as follows: 

Section two hundred and four of chapter one hundred p^^.^n^Tool 
and tw^elve of the Pul)lic Statutes is hereby amended by 
striking out, in the fifth line of said section, the w^ord 
" five", and inserting in place thereof the word : — twenty, 
— so that said section as amended will read as follows : — 
/Section 204. Whoever wilfully does or causes to be done obstructions 

, . -ii • i. i. i. V . / • • "PO" railroad 

anythuig witli mtent to obstruct an engme or carriage pass- tracks. 
ing upon a railroad, or with intent to endanger the safety 
of persons conveyed in or upon the same, or aids or assists 
therein, shall be punished by imprisonment in the state 
prison for not more than twenty years, or by fine not 
exceeding five hundred dollars and imprisonment in the 
county jail for not more than one year, and shall forfeit 
to the use of the corporation for each ofience treble 
the amount of damages proved to have been sustained 
thereby, to be recovered in an action of tort. 

Approved May 23, 1890. 



296 



1890. — Chapters 333, 334. 



Ch(l7).o33 ^^ ^^"^ ^^ AUTHORIZE THE CITY OF NEWTON TO DIVIDE 

FOUR INTO VOTING PRECINCTS. 



WARD 



May divide 
fourth ward in 
Newton into 
two voting pre- 
cincts. 



Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of 
Newton are hereby authorized to divide the fourth ward of 
said city into two precincts so that the village of Auburn- 
dale and the territory contiguous thereto shall constitute 
one such precinct, and the village of Newton Lower Falls 
and the territoiy contiguous thereto shall constitute the 
other precinct. The boundaries of such precincts shall as 
far as possible be the centre lines of known streets or 
ways. 

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

Approved May 23, 1890. 



CkCin.3S4: ^^ ^^^ '^^ PROVIDE FOR THE REGISTRATION OF THE PEDIGREES 
OF HORSES USED FOR BREEDING PURPOSES. 



Owner of stal- 
lion for breed- 
ing purposes to 
file certificate of 
pedigree, etc., 
with clerls of 
city or town. 



Fee for record- 
ing certificate. 



Penalties. 



Penalty for 
giving false 
pedigree, etc. 



Be it enacted, etc., as follows : 

Section 1. The owner or keeper of any stallion for 
breeding purposes shall, before adveilising by written or 
printed notices the service thereof, file a certificate with 
the clerk of that city or town in the county in which said 
stallion is owned or kept, stating the name, color, age and 
size of the same, together with the pedigree of said stal- 
lion as fully as obtainal)le and the name of the person by 
whom he was bred. And it shall be the duty of such 
clerk to record such certificate in a book kept for that 
purpose. Copies of such certificate duly certified by such 
clerk may be used in evidence the same as the original in 
any court in the Commonwealth. The fee of the clerk 
for recording each certificate shall be twenty-five cents. 
Whoever neglects to make and file such certificate shall 
recover no compensation for the services of his said stal- 
lion, and if he knowingly and wilfully makes and files a 
false certificate of the statements aforesaid he shall for each 
and ever}^ offence be subject to a penalty of one hundred 
dollars. 

Section 2. Every person who shall by any false pre- 
tence obtain from any club, association, society or com- 
pany for improving the breed of horses, the registration 
of any horse in the register of any such club, association, 
society or company, or transfer of any such registration, 



1890. — Chapters 335, 336. 297 

and every })erson who shall knowingly exhibit, make or 
give a false pedigree of any horse shall upon conviction 
thereof he i)unished l)y inii)risonment for a term not ex- 
ceeding ninety days in the county jail, or by a tine not 
exceeding three hundred dollars, or by both such line and 
imprisonment. Approved May 23, 1890. 



Chap.335 



An Act relating to the Massachusetts school fund. 
Be it enacted, etc., as foUoivs : 

Sectiox 1. Any moneys which may hereafter be re- Moneys for the 
ceived into the treasury of the Commonwealth from the 
general government, the disposition of which is not other- 
wise provided for, shall be paid into the Massachusetts 
school fund. 

Section 2. In investing the Massachusetts school fund fe'(fu"ruTBV"r- 
there may be paid from any money in the treasury not chased for fund. 
otherwise appropriated the premiums on any securities 
which may be purchased for said fund : provided, that the 
aggregate amount so paid shall not in any one year exceed 
the sum of fifty thousand dollars. 

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

Approved May 23, 1890. 



Chap.^36 



An Act to fukther regulate the taking of fish in north 
river in the county of plymouth. 

Be it enacted, etc., as follows: 

Section 1. Whoever sets or stretches any seine in Taking of fish 
North Kiver in the county of Plymouth so as to obstruct 5i88i,'44l%. 
the free passage of fish, except when lawfully fishing, or 
who shall take fish in violation of existing laws regulatins: 
the seining of fish in said river, shall be subject to the 
penalties specified in section six of chapter forty-four of 
the acts of the year eighteen hundred and eighty-one, and 
in addition thereto shall forfeit all seines, boats and appara- 
tus used in connection with such use of seines. 

Section 2. The preceding section or any existing law Hoop net for 
shall not be construed to prohibit the use of a hoop net fctnof So°"^^ 
for fishing through ice, the meshes of which shall not be ^'bued. 
less than two inches in length and the hoop of which siall 
not be more than five feet in diameter. 

Section 3. Whoever uses any torch, lamp or other use of artificial 
artificial light to aid in the spearing of eels, or locating ufder^penaify."' 
fish in said river or in its tributaries, shall for each ofience 



298 1890. — Chapter 337. 

be subject to a fine of not less than five nor more than 

twenty dollars. 
ffo'iaiiolTonaw SECTION 4. Any seine set or placed in said river in viola- 
te be a common tjon of hiw is declared to be a common nuisance, and it shall 

Duisauce. . . 

be lawful for any person to take a seine so found and hold 
it for the period of forty-eight hours, so that the same may 
if need be seized and libelled in due course of law. 
be^potated! '° Section 5. The selectmen of the towns of Pembroke, 
Marshfield, Norwell and Scituate shall each appoint annu- 
ally one or more persons to be fish wardens who shall be 
sworn by the town clerk of their respective towns to the 
faithful performance of their duties and whose duty it shall 
be to enforce all laws in regard to fishing and the protec- 
tion of fish in said North river, and to prosecute violations 
thereof. 
brfo^r blnefit of SECTION 6. All fiucs imposcd, and the proceeds of 
towDs whose sales of all seines, boats and apparatus forfeited by virtue 

omcera make n ^ • ci • ^ 

complaint. of this act, shall be for the benefit of the town or towns 
whose officer or officers make complaint and prosecute by 
authority hereof. Approved May 23, 1S90. 



Ch(ip.337 ^^ -^^"^ "^O AUTHORIZE THE CITY OF NEWTON TO MAKE AN ADDI- 
TIONAL WATER LOAN. 

Be it enacted, etc., as follows : 

^dditi^naf '''' Section 1. The city of Newton, for the purposes 
T'fi-o'"', m''"q' - mentioned in section five of chapter three hundred and 
forty-tour of the acts of the year eighteen hundred and 
seventy-two, may issue notes, bonds or scrip from time 
to time, signed by the treasurer and countersigned by the 
mayor, to be denominated on the face thereof Newton 
Water Loan, to an amount not exceeding five hundred 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by the town or city of 
Newton for the same purposes ; said notes, bonds and scrip 
to be issued upon the same terms and conditions and with 
the same powers as are provided in said act for the issue of 
Whole amount w^q Ncwtou watcT scrio by the town of Newton : provided, 

not to exceed iiii n i • • i 

$2,000,000. that the whole amount of such notes, bonds and scrip issued 

by said town or city, together with those already authorized, 

shall not exceed the amount of two million dollars. 

Mptifnce^by^city Section 2. This act shall take eti'ect upon its accept- 

couLcii. ance l)y a vote of two-thirds of all members of each branch 

of the city council of said city of Newton. 

Ajjproved May 23, 1890. 



1890. — Chapters 338, 339. 299 



An Act relative to the approaches to harvard bridge in QJi(in.33S 

BOSTON and CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-five of the Grade of ai>- 
acts of the year eighteen hundred and eiuhty-two shall be HarTard'bridsje 
construed to mean that the city councils of the cities of o„nXidge'. 
Boston and Caml)ridge shall each have power and author- is82, 155. 
ity to locate, construct and fix the grade of only such por- 
tions of the avenues of approach to the bridge as lie within 
their respective territories outside the harbor lines of 
Charles river ; and that neither city shall have power or 
authority beyond the harl)or lines of said river either to 
locate, construct or fix the grade of any portion of said 
avenues within the territory of the other city. 

Sectiox 2. The acts and doings of the city of Cam- Acts and doings 

,., . ,,. , , , .. ,". . V i of Cambridge 

l)ridge in relation to the location, laying out and construe- confirmed, and 
tion of the avenue of approach to Harvard bridge in said ^^ ^ '" '"^' 
city are hereby ratified and confirmed and made binding 
upon all parties. 

Sectiox 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved May 26, 1890. 



Cha2?.339 



An Act changing the boundary between the city of boston 
and the town of broukline. 

Be it enacted, etc., as follows: 

Section 1. The boundary line between the city of ^.^J'etn'' Boston 
Boston and the town of Brookline is hereby chansfed and andBrookime 

ii'ii /-ii T-»'' 1 changed and 

established, as follows : Beginning at the stone l)oundary established. 
post in the present boundary line between Boston and 
Brookline near the corner of a greenhouse on land of 
Quincy A. Shaw, said post being marked B R on its 
northerly side and B O on its southerly side, and running 
north forty-one degrees, fifty minutes, fifty-four seconds 
ea'^t, six hundred and eighty-eight and forty-four hun- 
dredths feet, to the southerly side of Chestnut street; 
thence south forty-nine degrees, twenty-six minutes, one 
second east, five hundred and fifty-seven and two hun- 
dredths feet, by the southerly line of said Chestnut street 
to a point at its intersection with the continuation of the 
westerly line of Pond avenue ; thence south eighty-five 



300 1890. — Chapter 339. 

b°twe1fn BosTou ^^^gi'^cs, fifty-ODe m'mutes, seven seconds east, one hun- 
and Brookiine drccl and seventv-two and seventy hundredths feet ; thence 

changed and , j' , ^ . ,. 

established. noi'th seventy-threc degrees, ntty-iour minutes, twenty- 
two seconds east, one hundred and tifty-nine and thirty- 
one hundredths feet ; thence north forty-five degrees, 
fifty-eight minutes, fifty-five seconds east, one hundred 
and thirty-six and three hundredths feet ; thence north 
fifteen degrees, forty-one minutes, forty-nine seconds 
east, seventy-five and fifty-four hundredths feet; thence 
north thirty-five degrees, thirty-seven minutes, seventeen 
seconds east, forty-four and sixty-two hundredths feet ; 
thence north fifty-one degrees, thirty minutes, fifty-two 
seconds east, thirty and sixty-three hundredths feet ; 
thence north seventy degrees, forty-eight minutes, fifty 
seconds east, forty-four and two hundredths feet ; thence 
south eighty-eight degrees, thirty-one minutes, thirty- 
two seconds east, forty-seven and fifty-six hundredths 
feet; thence north fifty-five degrees, twenty-one minutes, 
forty-nine seconds east, thirty-three and sixty-five hun- 
dredths feet ; thence south sixty-two degrees, fifty-three 
minutes, forty-three seconds east, twenty-five and thirty- 
five hundredths feet ; thence north fifty-nine degrees, 
thirty-seven minutes, forty-seven seconds east, thirty-five 
and eighty-eight hundredths feet ; thence south eighty- 
four degrees, fifteen minutes, twenty-two seconds east, 
sixteen and thirty-six hundredths feet ; thence north 
seventy-three degrees, two minutes, no seconds east, 
twenty-three and fifty-one hundredths feet ; thence north 
forty-eight degrees, sixteen minutes, fifty-seven seconds 
east, eighteen and ninety-two hundredths feet ; thence 
north eighty degrees, forty-four minutes, forty-five seconds 
east, twenty-one and ninety-one hundredths feet ; thence 
south sixty-seven degrees, thirty-nine minutes, forty-seven 
seconds east, twenty-six and four hundredths feet ; thence 
north seventy-one degrees, two minutes, forty-two seconds 
east, twenty-one and eighty-four hundredths feet ; thence 
north thirty-seven degrees, fifty-seven minutes, twenty 
seconds east, twenty-nine and six hundredths feet ; thence 
north seventy degrees, twenty-two minutes, twenty sec- 
onds east, thirty-one and ten hundredths feet ; thence 
south seventy-one degrees, ten minutes, seventeen sec- 
onds east, twenty-nine and forty-seven hundredths feet ; 
thence north fifty-six degrees, forty-six minutes, eleven 
seconds east, one hundred and fourteen and seventy-six 



1890. — Chapter 330. 301 

hundredths feet ; thence north twenty-one degrees, thirty- Boundary iine 

•....■i 1 J til 1 between Boston 

one minutes, thirty-three seconds east, one hundred and and Brookune 
sixty-three and twenty hundredths feet ; thence north el^Shed!^ 
fourteen dcirrees, forty-three minutes, thirty-four seconds 
■west, sixty-four and eighty-two hundredths feet; thence 
north twent3'-three degrees, no minutes, five seconds east, 
twenty-nine and sixty-three hundredths feet ; thence north 
nine degrees, thirty-nine minutes, eighteen seconds east, 
lifty-seveu and tifty-five hundredths feet ; thence north 
fourteen degrees, thirty-nine minutes, forty-five seconds 
west, forty-four and twenty-seven hundredths feet ; thence 
north forty degrees, fortA'-seven minutes, tifty-seven sec- 
onds east, fifty and sixty-one hundredths feet ; thence 
north three degrees, six minutes, eleven seconds east, 
thirty-three and eighty-eight hundredths feet ; thence 
north sixteen degrees, twenty-five minutes, thirty-eight 
seconds east, two hundred and fifty-five and sixty-three 
hundredths feet ; thence nortli no degrees, thirty-five 
minutes, twenty-seven seconds east, one hundred three 
and forty-five hundredths feet ; thence north seventeen 
degrees, thirty minutes, forty-three seconds west, sixty- 
nine and twenty hundredths feet ; thence north two 
degrees, fifty minutes, seven seconds east, forty and 
eighty-two hundredths feet ; thence north fifteen degrees, 
forty-three minutes, twenty-four seconds east, fifty and 
thirty-one hundredths feet ; thence north thirty-tliree 
degrees, six minutes, nineteen seconds east, seventy-two 
and sixty hundredths feet ; thence north forty degrees, 
thirty-nine minutes, four seconds east, two liundred and 
seventy-six and forty hundredths feet ; thence north nine- 
teen degrees, seventeen minutes, forty-eight seconds east, 
one thousand five hundred and eighty and eighty hun- 
dredths feet, to a point situated one hundred and sixty- 
three and twenty hundredths feet easterly from the centre 
line of Pond avenue measured at right angles thereto; 
thence north one degree, six minutes, twenty-six seconds , 

east, three hundred and sixty-two and sixty-one hun- 
dredths feet ; thence north thirty-three degrees, thirty-five 
minutes, twenty seconds east, three hundred and eighty- 
six and thirty-five hundredths feet ; thence north eighteen 
degrees, forty minutes, forty-two seconds east, one hun- 
dred and ninety-six and forty-seven hundredths feet; 
thence north thirty-one degrees, forty-four minutes, six- 
teen seconds east, three hundred and eighty-five and 



302 1890. — Chapter 339. 

Boundary line eighteen hundredths feet, to a point situated eighty-seven 
and Brookiine feet castci'ly fi'om the centre line of Brookline avenue and 
establfshed. measured on the continuation of the southerly side line 
of Aspinwall avenue ; thence north thirty-seven degrees, 
fifty-nine minutes, fifty-two seconds east, by a line par- 
allel with and eighty-seven feet distant from the centre 
line of Brookline avenue, fifty feet ; thence north thirty- 
nine degrees, thirty-seven minutes twenty-two seconds 
east, three hundred and seventy and twenty-six hun- 
dredths feet ; thence north fifty-two degrees, no minutes, 
eight seconds west, ninety-seven and fifty hundredths feet, 
to the centre line of Brookline avenue, intersecting said 
line at right angles ; thence on the continuation of the last 
mentioned course for a further distance of ninety-seven 
feet ; thence north thirty-four degrees, forty-seven min- 
utes, forty-one seconds east, two hundred and seven- 
teen and thirty hundredths feet ; thence north thirty-four 
degrees, thirty-six minutes, sixteen seconds west, three 
hundred and ninety-one and forty-five hundredths feet ; 
thence north forty-eight degrees, sixteen minutes, thirteen 
seconds west, ninety-nine and ten hundredths feet ; thence 
north twenty-three degrees, three minutes, fifteen seconds 
east, four hundred and twenty-six and seventy-six hun- 
dredths feet; thence north nine degrees, ten minutes, 
forty seconds east, six hundred and eighty-seven and 
fifty-three hundredths feet ; thence north twenty-three 
degrees, thirteen minutes, twenty-five seconds east, one 
hundred and seventy-three and sixty-seven hundredths 
feet ; thence north thirty-nine degrees, fifteen minutes, 
eight seconds east, three hundred and fifty-seven and 
ninety-nine hundredths feet ; thence north sixty-eight 
degrees, fifty-nine minutes, nine seconds east, three hun- 
dred and fourteen and thirtj^-six hundredths feet ; thence 
north forty-one degrees, fifty-five minutes, six seconds 
east, one hundred and one and ninety-eigiit hundredths 
feet ; thence north four degrees, forty-eight minutes, 
sixteen seconds east, one hundred and sixty-five and 
seventy-six hundredths feet ; thence north fifty-eight 
degrees, twenty-five minutes, fifty-nine seconds east, live 
hundred and seven and nine hundredths feet ; thence 
north forty-three degrees, thirty-seven minutes, twenty- 
five seconds east, four hundred and one and ninety-seven 
hundredths feet, to a point situated on the continuation 
southerl}'^ of the easterly line of St. Mary street, and four 



1890. — Chapter 339. 303 

hundred and eighty-three and seventy eight hundredths Boundary une 
feet from the southerly si(ie-h*ne of Monmouth street ; and Brookuno 
thence north twenty degrees, fourteen minutes, eighteen esubluhed!' 
seconds west, by the continuation of the said easterly line 
of St. ]\Iary street, thirty feet to the present boundary 
line between Boston and Brookline. Said new boundary 
line is shown by a red line delineated on a plan drawn 
by Alexis H. French, dated February first, eighteen hun- 
dred and ninety, entitled "Plan showing a proposed 
change in the boundary line between Boston and Brook- 
line, Massachusetts ", on tile in the office of the secretary 
of the Commonwealth. 

Section 2. The inhabitants of the territory hereby Domicile. 
set off from the city of Boston shall continue to have all 
the rights of such inhabitants of the city of Boston which 
they now have, and l)e subject to all the liabilities apper- 
taining to such inhabitants of said city to which they are 
now subject, until they shall have acquired a new domicile 
according to law ; and no person shall by virtue of the 
change of boundary hereby made acquire a settlement in 
the town of Brookline ; but all persons residing on the 
territory hereby set off from the city of Boston, who at 
the present time have a settlement in the city of Boston, 
shall continue to have a settlement in said city until they settlement. 
shall have acquired a new settlement according to law ; 
and nothing contained in this act shall be construed so as 
to impair in any way the rights of any person who may be 
in the process of acquiring a settlement in said city of 
Boston ; and the inhabitants of the territory hereby set 
off from the town of Brookline shall continue to have all 
the rights of such inhaliitants of the town of Brookline 
which they now have and lie subject to all the liabilities 
appertaining to such inhabitants of said town to which 
they are now subject until they shall have acquired a new 
domicile according to law ; and no person shall by virtue 
of the change of boundary hereby made acquire a settle- 
ment in the city of Boston, but all persons residing on the 
territory hereby set off from said town of Brookline, who 
at the present time have a settlement in the town of 
Brookline, shall continue to have a settlement in said 
town until they shall have acquired a new settlement 
according to law ; and nothing contained in this act shall 
be construed so as to impair in any way the rights of any 
person who may l)e in process of acquiring a settlement in 
said town of Brookline. 



304 



1890. — Chapter 339. 



Liability for 
damages. 



To convey, each 
to the other, cer- 
tain lands 
acquired for 
park purposes. 
1875, 185. 



Brookline to 
pay Boston 

$20,000. 



Betterments. 



Section 3. The city of Boston and the town of Brook- 
line shuU, notwithstanding this act, remain respectively 
liable for all damajres for the takino; of land or other acts 
done by the boards of park commissioners of said city and 
town respectively prior to the passage of this act ; and all 
remedies and proceedings for the recovery of such dam- 
ages shall remain in all respects the same as if this act 
had not been passed. 

Section 4. The city of Boston shall, within sixty days 
after the passage of this act, convey in fee simple to the 
town of Brookline all the land which said city has hereto- 
fore acquired for the park authorized by chapter one 
hundred and eighty-five of the acts of the year eighteen 
hundred and seventy-five and which is hereby set oflf from 
the city of Boston, but not including any buildings which 
may be thereon, to be held by said town for the purposes 
of said park ; and the town of Brookline shall in like man- 
ner within sixty days after the passage of this act convey 
in fee simple to the city of Boston, to be held by said city 
for the purposes of said park, all the land which said town 
has heretofore acquired for said j)ark and which is hereby 
set off from the town of Brookline, but not including any 
buildings which may be thereon ; and said town shall also 
pay to said city of Boston twenty thousand dollars, to be 
held by the city treasurer subject to the recfuisitions of the 
board of park commissioners of the city of Boston, in pay- 
ment for the lands taken for said park ; and the park com- 
missioners of said town may apply to the payment of said 
sum any moneys heretofore appropriated by said town 
for the acquisition of land within said town for the park 
authorized by said chapter one hundred and eighty-five of 
the acts of the year eighteen hundred and seventy-five ; 
and in computing for the assessment of betterments the 
expense of the location and laying out of so much of said 
park as shall after the passage of this act be within the 
limits of the town of Brookline, there may be included 
the suid sum of twenty thousand dollars and the actual 
cost to said town of the land heretofore acquired for said 
park in said town and hereby set oil' from said town ; and 
in computing for the assessment of betterments the ex- 
pense of the location and lajnng out of so much of said 
park as shall after the passage of this act be within the 
limits of the city of Boston, there may be included the 
actual cost to said city of the land heretofore acquired for 
said park in said city and hereby set off from said city. 



1890. — Chapter 310. 305 

Section 5. The park commissioners of the town of uonTfVoston"' 
Broolvline may asree with the directors of the Boston and ?n4,A"ia'.'v 

til I) -I J /I 1 A* 4-1 I Railroad in 

All)any Kailroad Company upon any change ot the loca- Brookiine, by 
tion ot" the raihoad in said town of Brookiine which said '''^'''^®"^''" • 
park connnissioncrs may think expedient, and said rail- 
road company, and said park commissioners on behalf of 
said town, may b}- appropriate conveyances exchange any 
lands in said town in order to consummate such agreement ; 
and in case of such conveyance, without further proceed- 
ings said railroad company shall acquire title for all rail- 
road purposes to the land conveyed to it by said park 
commissioners, and the town of Brookiine shall acquire 
title for park purposes to the land in said town conveyed 
to it by said railroad company. 

Section 6. This act shall take effect upon its passage. 

Approued May 27, 1890. 

An Act to authorize the khode island and Massachusetts (JJidj) 340 

RAILROAD COMPANY OF MASSACMUSLTTS AND THE RHODE ISLAND 
AND MASSACHUSETTS RAILROAD COMPANY OF RHODE ISLAND TO 
ISSUE CERTAIN MORTGAGE BONDS AND TO AUTHORIZE THE NEW 
YORK AND NEW ENGLAND RAILROAD COMPANY TO GUARANTEE 
THE SAME. 

Be it enacted, etc., as follows: 

Section 1. The Rhode Island and Massachusetts Rail- May isBue joint 

i/~( • ■\ T iiniiTii and several 

road Company ot Massachusetts and the Rhode Island bonds not to 
and Massachusetts Railroad Company of Rhode Island are ll^aoo.ooo. 
hereby authorized to issue their joint and several bonds, 
to run for a period not exceeding fifty years and to an 
amount not exceeding one million five hundred thousand 
dollars, the same to bear interest at a rate not exceeding 
five per cent, per annum, and to secure the same by a 
joint and several mortgage upon the franchise and prop- 
erty of said corporations now owned or which may here- 
after be owned by them. 

Section 2. The proceeds of said bonds may be used ^■acking^'ilnd 
in double trackin"; and otherwise improvino; the present improving iine 

^ ^ of roads 

line of the said railroads, from the town of Franklin, 
Massachusetts, to the village of Valley Falls in the town 
of Cumberland, Rhode Island, and in the construction 
and extension of the Rhode Island and Massachusetts rail- 
road of Rhode Island from Valley Falls into and through 
the city of Providence, Rhode Island, and for no other 
purpose. 



306 



1890. — Chapter 341. 



New Eng'iand'' Sectton 3. The Ncw York and New England Railroad 
kaiiroad Com- Conipanv, a corporation orsanized and exislinij under the 

pun V lujiv fiTUfir- L t/ L K o 

antee payment, laws ot the Commonwoalth and of the states of Khode 
Island, Connecticut and New York, is hereby authorized 
to guarantee the payment of both principal and interest of 
said bonds : provided, that the provisions of this act are 
accepted by the votes of a majority in interest of the 
stockholders of said New York and New England Rail- 
road Company at a meeting called for that puri)ose. 

Section 4. The powers hereby conferred shall in no 
wise aft'ect any existing leases of the two first named cor- 
])orations to the New York and New England Railroad 
Company. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed ; and this act shall take 
effect upon its passage. Approved May 27, 1890. 



Leases not 
affected. 



Repeal. 



ChapMl 



Amendments to 
1888, 429, §§ 
8-12. 



May pay sick 
benetilB. 



Proviso. 



Money to be 
divided into 
reserve and 
benefit funds. 



An Act concerning kraternal beneficiary cohpokations. 

Be it enacted, etc., asfoRoios : 

Section 1. Sections eight, nine, ten, eleven and 
twelve of chapter four hundred and twenty-nine of the 
acts of the j'ear eighteen hundred and eighty-eight are 
hereby amended to read as follows: — Section 8. Any 
corporation duly organized as aforesaid, which does not 
employ paid agents in soliciting or procuring business other 
than in the preliminary organization of local branches, , 
and which conducts its business as a fraternal society on 
ihe lodge system, or limits its certificate holders to a par- 
ticular order, class or fraternity, or to the employees of a 
particular town or city, designated firm, business house 
or corporation, may provide in its b^'-laws for the pay- 
ment, from time to time, as required, of a fixed sum by 
each member, and from this income may make weekly 
or other payments to any member during a period of dis- 
ability of such member, or pay a benefit to the member 
or his family at the end of such ])eri()d of time as shall be 
fixed by said by-laws and written in the benefit certificate 
issued to said member : provided , that the sum paid as 
sick benefits to a member may be deducted from the total 
amount to become due at the maturity of the certificate. 
The money derived from assessments as set forth in this 
section shall be divided into two funds as follows : not 
exceeding fifty per cent, shall be set aside as a reserve 
fund for the exclusive payment of matured endowment 



1890. — Chapter 341. 307 

oertiticates ; the residue from each assessment shall be 
placed in a benefit fund to be applied exclusively to the 
payment of disability benefits, and no portion of the 
money received from assessments shall be devoted to or 
used for any other purpose, or carried to any other fund 
than as herein provided. Assessments shall be called by 
such corporations only as may be required to pay in full 
benefits accruing from sickness or disability and the 
amount aforesaid for the reserve fund : provided, that the Benefit fund. 
corporation may have in its benefit fund in anticipation of 
such claims'the amount of one full assessment upon all its 
members, but no assessment shall be made while there 
remains unexpended in said benefit fund an amount equal 
to one assessment as aforesaid. The reserve fund of such Reserve fund. 
corporations which are or shall be organized under this 
act shall be invested in securities in which insurance com- 
panies are allowed by law to invest their capital, and 
these securities shall be deposited in trust with the treas- 
urer of the Commonwealth ; but the corporations shall ^^yriues.''"^*' 
have at all times the right to exchange any part of said 
securities for others that the said treasurer may determine 
to be of equal value and character. No portion of said 
securities shall be drawn except upon a requisition signed 
by three-fourths of the executive committee, or other offi- 
cers corresponding thereto, and endorsed by the insur- 
ance commissioner, setting forth that the same is to be 
used for the purposes of the trust ; provided, that any 
such corporation within, a period of three months preced- 
ing the date of maturity of endowment certificates may 
make any necessary assessments to enable it to meet such 
obligations, and carry the entire amount received upon 
such assessments to the reserve fund; provided, furtJier, Death fund. 
that any such corporation which pays death benefits may 
make assessments therefor and may hold at any one time, 
as a death fund belongino; to the beneficiaries of antici- 
pated deceased members, an amount not exceeding one 
assessment from a general or unlimited membership, or 
an amount not exceeding in the aggregate one assessment 
from each limited class or division of its members. Sec- 
tion 9. Any corporation organized under or conducting May provide for 
its business in accordance with the provisions of this act, be paid to 
which does not pay a benefit to a member or his family at anticipated ^ °^ 
the end of a fixed period of time, may provide in its by- deceased mem- 
laws for the payment from time to time as required, of a 



308 



1890. — Chapter 341. 



Death fund. 



Emergency 
fund. 



Securities to be 
deposited with 
Btate treasurer. 



Weekly pay- 
ments during 
period of disa- 
bllity. 



Assessments. 



fixed sum by each member, to be paid to the beneficiaries 
of deceased members, in such amount and manner as shall 
be fixed by said by-laws and written in the benefit certifi- 
cate issued to said member, and payable to the husband, 
wife, afiianced husband, afiianced wife, relatives of, or per- 
sons dependent upon, such meml)er. Any such corpora- 
tion may hold as a death fund belonging to the beneficiaries 
of anticipated deceased members, an amount not exceeding 
five assessments from a general or unlimited membership, 
or an amount not exceeding in the aggregate, five assess- 
ments from each limited class or division of its members. 
Such fund, if not exceeding one assessment as aforesaid, 
wdiile held in trust shall be invested in securities in which 
insurance companies are allowed by law to invest their 
capital, or deposited in safe banking institutions subject to 
sight drafts for distribution to the beneficiaries aforesaid. 
The amount of such fund in excess of one assessment shall 
be deemed an emergency fund and shall be invested in 
securities in which insurance companies are allowed by 
law to invest their capital, or not exceeding twenty per 
cent, thereof in a building for use and occupancy by the 
corporation as its home office within this Commonwealth ; 
and such securities shall be deposited in trust with the 
treasurer of the Commonwealth, but the corporation shall 
have at all times the right to exchange any part of said 
securities for others that said treasurer may determine 
to be of equal value and character. No portion of said 
securities shall be drawn except upon a requisition signed 
by three-fourths of the executive committee, or other offi- 
cers corresponding thereto, and endorsed by the insurance 
commissioner setting forth that the same is to be used for 
the purposes of the trust. Such corporation may also 
provide in its by-laws for the payment from time to time 
as required of a fixed sum by each member, and from the 
amount thus received may make weekly or other payments 
to members during a period of disability. This fund shall 
be used for no other purposes than herein prescribed, and 
no assessment therefor shall be called while there remains 
on hand of such fund an amount equal to that received 
from one assessment. No contract under this section 
shall be valid or legal which shall be conditional upon an 
agreement or understanding that the beneficiary shall pay 
the dues and assessments, or either of them. Section 10. 
Any corporation organized under or conducting its busi- 



1890. — Chapter 341. 309 

ness in jiccorcltince with the provisions of this act, and 
which has no per capita tax, may make not exceeding 
three assessments per year to meet its reasonably neces- 
sary expenses. The purpose of such assessments shall be 
clearly stated in calls therefor, and no assessment shall 
be called while the amount of one assessment remains 
on hand. Any corporation organized as aforesaid which Limitation as 
limits its membership to the permanent employees of a fuiids. 
particular town or city and which pays only annuities or 
gratuities contingent upon disability or long service, shall 
not be subject to the foregoing limitation as to the amount 
of funds to be held for purposes of its organization, and 
may accept and hold gifts, legacies or other contributions 
therefor. No corporation shall re-insure with or transfer Transfer of 
its membership certificates or funds to any organization "ruiicau^s'fete. 
not authorized to do business in this Commonwealth. 
Section 11. Fraternal beneficiary corporations, associa- Foreign frater- 
tions or societies organized under the laws of another araociaUons!''^ 
state, now transacting in this Commonwealth business as ^"'• 
herein defined, may continue such business upon the plans 
heretofore governing them, as reported to the insurance 
department, and by otherwise conforming to the provi- 
sions of this act. Section 12. Every corporation doing Reports to the 
business under the foregoing provisions shall annually, on mfs^ioner.'^''"'' 
or before the first day of March in each year, report to the 
insurance commissioner the location of its principal oflSce 
in this Commonwealth, and the names and addresses of 
its president, secretary and treasurer, or other officers 
answering thereto ; and shall make, under oath, such 
statements of its membership and financial transactions 
for the year ending on the preceding thirty-first day of 
December, with other information relating thereto, as said 
commissioner may deem necessary to a proper exhibit of 
its business and standing ; and the commissioner may at 
other times require any further sworn statement he may 
deem necessary relating to any such corporation. 

Section 2. No charter shall hereafter be granted to Newchanera 
any corporation to transact the business defined in section g?ant"ed*und..r 
eight of chapter four hundred and twenty-nine of the acts is88,429, §s. 
of the year eighteen hundred and eighty-eight, as amended 
by this act. 

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

A-pproved May 28, 1890. 



310 



1890. — Chaptek 342. 



Amendment to 
1889, 167, § 1. 



ciiy of New 
Bedford 



C^ftP.342 •^^ ^^'^ "^^ AMEND AN ACT TO ESTABLISH A BOARD OF PUBLIC 
WORKS FOR THE CITY OF NEW BEDFORD. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and 
sixty-seveu of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by inserting after the 
words " New Bedford", in the second line of said section, 
the words: — to consist of the mayor of said city, who 
shall be chairman, the president of the common council 
and three other persons to be appointed, — and by striking 
out, in the seventh line of said section, the words " to I)e 
a", and inserting in place thereof the words: — to l^e 
members of the, — so that said section as amended shall 
Board of public read as follows: — Section 1. A board of public works 
is hereby established for the city of New Bedford to con- 
sist of the mayor of said city, Avho shall be chairman, the 
president of the common council and three other persons 
to be appointed, as follows, viz. : — In the month of April 
in the year eighteen hundred and eighty-nine or as soon 
thereafter as this act shall take etfect the mayor of said 
city shall appoint, subject to confirmation by the bo'Sird of 
aldermen of said city, three persons to be meml)ers of the 
board of public works, to hold office respectively, one, two 
and three years from the first day of May in the year 
eighteen hundred and eighty-nine and until their suc- 
cessors are appointed, confirmed and qualified ; and there- 
after in the month of April in each year the mayor shall 
appoint, subject to confirmation as aforesaid, 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 a})pointed, confirmed and quali- 
fied ; but the mayor with the consent of the board of 
aldermen may at any time remove any appointed member 
of said board. Whenever any vacancy shall occur in said 
board by death, resignation or otherwise, of any appointed 
member, said vacancy shall be filled by appointment and 
confirmation in the manner aforesaid of another person 
who shall hold office for the residue of the unexpired 
term. Said board shall serve without compensation. 
The members thereof shall be sworn to the faithful dis- 
charge of their duties and a record thereof be made upon 
their journal. Said oath may ha administered by the city 
clerk or any justice of the peace. 



Vacancies. 



To serve with 
out compen- 
sation. 



I 



1890. — Chapter 343. 311 

Section 2. Section two of said act is hereby amended iVsMOT^Ta.'" 
1)V striking out (he words, in the second and third lines of 
said section, "ity the choice of a chairman from their own 
numlxM-, and", and also the word "other", at the end of 
said third line, so that said section as amended shall read 
as follows : — Section 2. Annually, on the first Monday Organization of 
of ]May, said hoard shall organize by the appointment of 
such otlicers, not members thereof, as they may determine. 
The 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 o. This act shall be void unless accepted l)y subject to ac- 

/.,, , . 1 ■• ,1 til ceplance by a 

a majority ot the voters present and voting thereon at the majority vote. 
annual municipal election held on the first Tuesday of 
December in the year eighteen hundred and ninety. 

Approved May 28, 1890. 

Ak Act to enable the city of newton to establish a boakd njifijy 343 

UK PUBLIC WOKKS. 

Be it enacted, etc., as follows : 

Section 1. The city of Newton is hereby authorized May establish a 

I 1- 1 1 1 /• 1 !• 1 1 board of public 

by ordinance to establish a board ot pul)lic works and ])ro- works. 
vide for the number of the members thereof not exceeding "' ' '. 
five, and the length of their respective terms of office not 
exceeding five years, but the meml)ers thereof may be re- 
appointed. Such members sh:ill be appointed and may be 
removed by the mayor and aldermen as provided by the 
sixth section of the charter of said city, being chapter two 
hundred and ten of the acts of eijjhteen hunched and 
eighty-two, entitled an act to revise the charter of the 
city of Xewton. 

Section 2. Said city of Newton may by ordinance certain powers 
provide that said board shall have any or all of the follow- be prescribed Gy 
ing powers and duties : First. The construction, main- «"^dinance. 
tenance, alteration, repair, care and lighting of highways, 
stieets, ways, sidewalks, bridges and public parks and 
squares ; and that said board may be highway surveyors. 



312 



1890. — Chapter 343. 



Ordinances may 
be amended or 
repealed. 



Subject to ac- 
ceptance by the 
voters. 



Question to be 
printed on bal- 
lots for ui-e at 
next state 
election. 



When to take 
effect. 



Second. The construction, maintenance, alteration, rop.iir 
and care of public drains and sewers. TJnrd. The con- 
struction, maintenance, alteration, repair and care of i)ul)- 
lic buildings and property, except that the control of the 
school buildings shall remain with the school committee. 
Fourth. The construction, maintenance, alteration, repair 
and care of the water works and the supply and distribu- 
tion of water. 

Section 3. Said city of Newton may from time to 
time amend or repeal any ordinances made under this act 
and may make new ordinances in any of the respects in 
which they may make original ordinances under this act, 
and may amend or repeal the same. 

Section 4. This act shall be submitted to the qualified 
voters of the city of Newton for its acceptance, at the 
next election for state, district and county officers, and 
shall be void unless such voters voting in their respective 
wards or precincts at said election 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 applicable, 
in answer to the question, " Shall an act passed by the 
general court in the year eighteen hundred and ninety, 
entitled ' An act to enable the city of Newton to establish 
a board of public works', be accepted?"; and the affirma- 
tive 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 at the beginning of the municipal 
year in the following January, except as hereinafter pro- 
vided.' 

Section 5. The secretary of the Commonwealth shall, 
on the ballots printed for use in the city of Newton at the 
next election for state, district and county officers, also 
print the question to be submitted to the legal voters of 
said city by the provisions of and as stated in section four 
of this act. 

Section 6. So much of this act as authorizes the sub- 
mission of the question of its acceptance to the legal voters 
of said city shall take effect upon its passage, but it shall 
not further take efiect unless accepted by the legal voters 
of said city as herein prescribed. 

Approved May 28, 1890. 



I 



I 



1890. — CHArTER 344. 313 



An Act to incorporate the dracut water supply company. (7/^Qr).344 
Be it enacted, etc., as folloics: 

Section 1. Percy Parker, Edward M. Tucke, Martin Dracut water 
L. Bassett, Prentiss Webster, August Pels, their associ- pany inco°rpo- 
ates and successors, are hereby made a corporation by the ^^^^^' 
name of the Dracut Water Supply Com[)any, for the pur- 
pose of furnishing the inhabitants of the town of Dracut 
with water for the extinguishment of fires and for domes- 
tic and other purposes ; with all the powers and privileges Poweis and 
and subject to all the duties, restrictions and liabilities set " '*^^' • 

forth in all general laws which noAV are or may hereafter 
be in force applicaljle to such corporations. 

Section 2. The said corporation for the purposes May take waters 
aforesaid, subject to the conditions herein prescribed, may pondorf-ong 
lease, take by purchase or otherwise the waters, or so ^°° '^^^' 
much thereof as may be necessary, of Tyng's pond or 
Long pond or both of said ponds and may, upon approval 
of the state board of health, take the waters of any spring 
or artesian or driven wells within the town of Dracut and 
the water rights connected therewith, and may drive'wells 
for the purpose of obtaining water in the town of Dracut ; 
and also take lands, rights of way and easements necessary 
for holding and preserving such water and for conveying 
the san)e to any part of the town of Dracut ; and may erect May erect 
on the land thus taken and held proper buildings, fixtures 
and other structures, and may make. excavations, procure 
and operate machinery and provide such other means and 
a[)))lianccs as may be necessary for the establishment 
and maintenance of complete and effective water works ; 
and may construct and lav down conduits, pipes and other May lay down 

■' *. 1 CODQUltS etc. 

works under and over any lands, water-courses, public or 
private ways and along any such ways in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, maintaining and repairing such con- 
duits, pipes and other works, and for all other purposes of 
this act said corporation may dig up any such lands and, j^nJ8'^Bnd"way8. 
under the direction of the board of selectmen of the town 
in Mhich any such ways are situated may enter upon and 
dig up any such ways in such manner as to cause the least 
hindrance to public travel on such ways. 

Section 3. The said corporation shall, within sixty a description of 
days after the taking of any land, rights of way, water toV recorded"' 
rights, water-courses or easements as aforesaid otherwise "J d'ledsf ^'"^^ 



314 



1890. — Chapter 314. 



Paj'ment of 
.damages. 



Petition to the 
county commis- 



May naake 
reasonable 
charges for 
water supplied. 



Certain lands, 
springs and 
water privileges 
exempt from 
operation of 
act. 



Town of Dracut 
may piirchase 
franchice and 
property at any 
time. 



than by purchase, file and cause to be recorded in the reg- 
istry of deeds for the county within which such hinds or 
other property is situated a description thereof sufficiently 
accurate for identification, with a statement of the purpose 
for which the same were taken, signed by the president of 
the corporation. 

Section 4. The said corporation shall pay all dam- 
ages sustained by any person or corporation in property 
by the taking of any h^nd, right of way, water, water 
source, water right or easement under authority of this 
act. 

Section 5. Any person or corporation who fails to 
agree with the Dracut Water Supply Company in the 
matter of damages may petition the county commissioners 
for an assessment of said damages ; which petition must 
be filed within two years from the committal of the act by 
said company causing said damage. 

Section 6. The said corporation may charge a reason- 
nh\e and proper sum for water supplied to any of the 
inhabitants of the town of Dracut to whom it furnishes 
water for the extinguishment of fires and fq,r domestic and 
other purposes. 

Section 7. None of the powers, rights and privileges 
herein granted shall be exercised in. upon or over the land 
of John Ames and the land of Almira Ames, his wife, 
both comprising about twenty-five acres situated upon or 
near the boundary line between said town and the city of 
Lowell, which lands jlre hereby expressly exempted from 
the operation of this act, as are also the springs and water 
privileges and land of Peleg Hamblett situated in the said 
town of Dracut. 

Section 8. The said town of Dracut shall have the 
right at any time to take, by purchase or otherwise, the 
franchise, corporate property and all the rights and privi- 
leges of said corporation, on payment to said corporation 
of the total cost of its franchise, works and property of 
any kind held under the provisions of this act, including 
in such cost interest on each expenditure from its date to 
the date of taking as hereinafter provided, at the rate of 
seven per centum per annum. If the cost of maintaining 
and operating the works of said corporation shall exceed 
in any year the income derived from said works by said 
corporation for that year, then such excess shall be added 
to the total cost ; and if the income derived from said 



1890. — Chapter 344. 315 

works by said corporation exceeds in any year the cost of 
maintaining and operating said Avorks for that year, then 
such excess shall be deducted from the total cost. The 
said towD, on taking as herein provided the property of 
said corporation, shall assume all of its outstanding obli- 
gations including the bonds authorized by this act ; and 
the amount thus assumed shall be deducted from the total 
amount to be paid by said town to said corporation. In 
case of a foreclosure of any mortgage authorized by this 
act, the said town may take possession of the property 
and rights of said corporation on the payment of the bonds 
secured by said mortgage, principal and interest. In case if town and 

., '' , •ij- II corporation fail 

sajd town and said corporation are unable to agree upon to agree upon 
the amount of the total cost of the franchise, corporate terVoTe'dSer- 
property, rights and privileges of said corporation, then s'j^c!*^ 
u{K)n a suit in equity by said town the supreme judicial 
court shall ascertain and fix such total cost under the fore- 
going provisions of this act, and enforce the right of said 
town to take possession of such franchise, corporate prop- 
erty, rights and privileges, upon payment of such cost to 
said corporation. This authority to take said franchise 
and property is granted on the condition that the taking 
is assented to by said town by a two-thirds vote of the 
voters of said town present and voting thereon at a 
meeting legally called for that purpose. 

Section 9. Whoever wilfully or wantonly corrupts. Penalty for wii- 
])ollutes 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 corporation under authority 
or for the purposes of this act, shall forfeit and pay to said 
corporation three times the amount of damage 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 10. The capitalization of said corporation capital stock. 
shall not exceed the sum of one hundred thousand 
dollars. 

Section 11. Said corporation may issue bonds bear- May issue 

• J J i i T • J bonds. 

ing interest at a rate not exceeding six per centum per 
annum and secure the same by a mortgage on its fran- 
chise, corporate property and rights, to an amount not 
exceeding its capital stock actually paid in and applied to 
the purposes of this act. Ajwovecl May 28, 1890. 



316 1890. — Chapters 345, 346. 



Ch(ip.S45 ^^ "^^^ '^^ AUTHORIZE THE BOSTON ELECTRIC LIGHT COMPANY TO 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc. , as follows ; 

capUa°Modf. Section 1. The Boston Electric Light Company is 
hereby authorized to increase its capital stock by issuing, 
in addition to the amount of capital stock already issued, 
an amount not exceeding two millions of dollars, so that 
the entire authorized capital stock of said company shall 
not exceed three millions of dollars. The new stock 
hereby authorized may be sold or issued from time to time 
in accordance with the provisions of existing laws relating 
to the increase of capital of manufacturing corporations. 
Section 2. This act shall take eifect upon its passage. 

Approved May 28, 1890. 

Ch(ip.*S4.Q ^^ ^^"^ "^^ AMEND AN ACT RELATING TO SEWER ASSESSMENTS IN 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

issq! STi' '° Section 1. Section one of chapter four hundred and 
fifty-six of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out, in the 
ninth line, the words "the number of square feet", and 
inserting in place thereof the words : — one cent for each 
square foot, — and also by striking out all after the word 
"land", in the tenth line, and before the words "No 
estate", in the fifteenth line, and inserting in place thereof 
the words : — provided, however, that if the total amount 
of the assessments for said sewer exceeds the total sum of 
the cost of the sewer, plus a proportionate part of the cost 
of the outlet thereof, each of said assessments shall be pro- 
portionately reduced, so that the total amount thereof 
shall be equal to said sum, — so that said section shall read 
Sewer aeecBB- as foUows : — SectioTi 1. The owner of each estate in the 
city of Boston, city of BostoH bordering on a street or on a strip of land 
through which a main drain or common sewer shall here- 
after be constructed in said city may enter a particular 
drain into such main drain or common sewer from that 
\x\Yi of said estate which is situated within one hundred 
feet from said street or strip of land ; and shall upon and 
after such entry pay to said city an assessment on such 
estate equal to one cent for each square foot of land thereof 
within one hundred feet of such street or strip of land : 



1890. — Chapter 316. 317 

lirovided, hoicever, that if tlie total amount of the assess- 
ments for said sewer exceeds the total sum of the cost of 
the sewer, plus a proi)ortionate part of the cost of the out- 
let thereof, each of said assessments shall be proportion- 
ately reduced, so that the total amount thereof shall be 
equal to said sum. No estate shall be assessed more than 
once for the construction of a drain ot* sewer except as 
hereinafter provided, but such estate may be assessed in 
the manner aforesaid for the cost of renewal or repair of 
a drain or sewer. 

Section 2. Section five of said chapter is hereby Amendments to 
amended by striking out, in the second line, the word ' °^' ^ ''■ 
" assessed", and inserting in the place thereof the words : 
— on which the assessment was made, — also by striking 
out, in the fourth and fifth lines, the words " levied and", 
and also by striking out all after the word "collected", 
in the fifth line, and inserting in the place thereof the 
words : — The city collector of said city shall have power 
to collect, and the assessors of taxes of said city shall have 
power to abate, such assessments ; and all laws relating to 
the collection and abatement of taxes in said city shall so 
far as applicable apply to the collection and abatement of 
such assessments ; and when an assessment is made upon 
a person or corporation by law exempt from the assess- 
ment of taxes the said assessors shall notify said collector 
not to enforce the collection of such assessment ; but when 
an estate, the collection of the assessment upon which has 
not been enforced under such notice, comes into the pos- 
session of another person as owner, the amount of such 
assessment shall be paid by su€h new owner in like man- 
ner, subject to the same provisions of law as if an original 
assessment, — so that said section as amended shall read 
as follows : — Spclion 5. Every assessment made under Asgeesment to 
this aqt shall constitute a lien upon the estate on which upon estate*. '*^° 
the assessment was made until it is paid, and may with all 
incidental costs and expenses be collected in the same man- 
ner as taxes on real estate are collected. The city collector 
of said city shall have power to collect, and the assessors 
of taxes of said city shall have power to abate, such assess- 
ments ; and all laws relating to the collection and abate- 
'ment of taxes in said city shall so far as applicable apply 
to the collection and abatement of such assessments ; and 
when an assessment is made upon a person or corpora- 
tion by law exempt from the assessment of taxes the said 



318 1890. — Chapter 347. 

nssessors shall notify said collector not to enforce the col- 
lection of such assessment ; but when an estate, the collec- 
tion of the assessment upon which has not been enforced 
under such notice, comes into the possession of another 
person as owner, the amount of such assessment shall be 
paid by such new owner in like manner, subject to the 
same provisions of law as if an original assessment. 
bVmadeunder" Sectiox 3. The board of aldermen of said city shall 
act as amended, adjust all scwcr asscssmcnts made under said act so that 
the said assessments shall be as if made under the said act 
as hereby amended, and said city shall thereupon refund 
any. excess in the amount of said assessments paid to said 
city. 
Jilrmi%tc°", not Section 4. The repeal or alteration by this act of any 
tobeaffected. provisious of Jaw shall not affect any act done, liability 
incurred, or right accrued and established, or an}' suit or 
proceedings to enforce such right or liability, under the 
authority of the laws hereby repealed or altered, except 
as hereinbefore provided. 

Section 5. This act shall take effect upon its passage. 

Ajiproved May 28, 1890. 

Ch(ip.34:7 -^^ -^^"^ '^^ PROMOTE THE ESTABLISHMENT AND EFFICIENCY OF FKKE 

PUBLIC LIBRARIES. 

Be it enacted, etc., as follows: 

^nZn\°lionlr7 Section 1 . The governor with the advice and consent. 

to be appointed, of the couucil shall appoint five persons, residents of the 
Commonwealth, who shall constitute a board of library 
commissioners. The governor shall designate the chair- 
man thereof. One member of said board shall be appointed 
for the term of five years, one for four years, one for three 
years, one for two years and one for one year; and there- 
after the term of office of the commissioners shall be five 

Vacancies. ycars. All vacancics on said board, whether occurring by 
expiration of term or otherwise, shall be filled by the 
governor with the advice and consent of the council. 

Board may be SECTION 2. The librarian or trustees of any free public 

asked to advise J l 

as to selection of library may ask said board for advice in regard to the 

books etc V ^ 

selection of books, the cataloguing of books and any other 
matters pertaining to the maintenance or administration of 
the library ; and the board shall give such advice in I'cgard 
Report. to Said matters as it shall find practicable. The board shall 

make a report of its doings to the general court in January 



1890.— Chapter 347. 319 

of each year, and fifteen hundred copies of said report 
shall be printed as one of the public document series. 

Section 3. Said board is hereby authorized and J^^IILfSf"'^ 

*j iijoney loi 

directed to expend, upon the api)lication of the board of books. 
library trustees of any town having no free public library 
owned and controlled by the town, a sum not exceeding 
one hunch'ed dollars for books for any such town entitled 
to the benefits of this act ; such books to be used by said 
trustees for the purpose of establishing a free public 
libi'ar}', and said commissioners shall select and purchase 
all books to be provided as aforesaid. 

Section 4. No town shall be entitled to the benefits Subject to ac 
of this act until such town has accepted the provisions towne°.'^° ''^ 
hereof at a reguhirly called town meeting, and has elected ^^^^-^o^. 
a board of lilirary trustees as provided in chapter three 
hundred and four of the acts of the year eighteen hundred 
and eighty-eight, and until said trustees shall have pro- 
vided, in a manner satisfactory to the board of commis- 
sioners, for the care, custody and distribution of the books 
furnished in accordance with this act. 

Section 5. Any town accepting the provisions of this Appropriations 
act shall annually aj)propriate from the dog tax, or shall m^iimTnai.c^Jof 
otherwise annually provide for the use and maintenance ''^'"•'y- 
of its free public librars , a sum not less than fifty dollars 
if its last assessed valuation was one million dollars or 
upward, or a sum not less than twenty-five dollars if said 
valuation w^as less than one million and not less than two 
hundred and fifty thousand dollars, or a sum not less than 
fifteen dollars if said valuation was less than two hundred 
and fifty thousand dollars. 

Section 6. No member of the board of commissioners commiseioners 
shall receive any compensation, but the board may expend 
a sum not exceeding five hundred dollars annually for 
clerical assistance and incidental and necessary expenses 
in the discharge of its duties; and all sums expended 
under the provisions of this act shall be paid from the 
treasury after the bills therefor have been approved by 
the board and sent to the auditor of the Commonwealth, 
who shall certify to the governor and council the amount 
due as in case of all other bills and accounts approved by 
him under the provisions of law. 

Section 7. This act shall take effect upon its passage. 

Aj^j^roved May 28, 1890. 



to serve without 
compensa 
Cleiical a 
ance, etc. 



compensatiun. 
Cleiical assist- 



320 1890. — Chapters 348, 349, 350. 



C%tt».348 ^^ ^CT TO DISCONTINUE A TOWN LANDING ON THE TAUNTON 

RIVEK IN THE TOWN OF DIGHTON. 

Be it enacted, etc., as follows: 

^fow^n'Cciing! Section 1. The town or public landing place on Taun- 
ton river in the town ofDighton, at or near thq Needles, 
so called, and in or near the south-easterly corner of the 
Rose farm, so called, and so much of the public way lead- 
ing to the same from the main road as lies easterh' of the 
westerly line of the location of the Old Colony railroad, 
are hereby discontinued and abolished. 

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

Approved May 31, 1890. 



Ch(ip.34:0 An Act to authorize the town of nortox to receive and 

HOLD CERTAIN PROPERTY IN TRUST. 

Be it enacted, etc., as follows : 

h^ow cenlur"'' Section 1. The town of Norton is hereby authorized 
property ia to reccivc tVom thc executors of the last will of Cyrus 

trust. , , , ^ ^ 

Hicks, late of Dedham in the county of Norfolk, deceased, 
the property devised and bequeathed to said town by said 
Cyrus Hicks by his said will duly proved and allowed in 
the probate court for said county of Norfolk ; and to for- 
ever hold the same in trust for the uses and purposes set 
forth in said will, and in a certain instrument known as 
his declaration of trust, dated June thirtieth in the year 
eighteen hundred and eighty-three, signed by him and 
recorded with the town clerk of said town of Norton. 
Section 2. This act shall take effect upon its passage. 

Approved May 31, 1890. 

Ch(l7).350 '^^ ^^^ "^^ AUTHORIZE THE MOUNT VERNON CEMETERY ASSOCIA- 
TION OF WEST BOYLSTON TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, etc., as follows : 
May hold addi- xhc Mount Vcmon Cemetery Association of West Boyl- 

tlonal real and . i i t *^ • i c i e i 

personal estate. stoH, mcorporatcd by chapter eighty-one ot the acts ot the 
year eighteen hundred and fifty-two, is hereby authorized 
for the uses and purposes named in said act of incorpora- 
tion to take and hold real and personal estate to an amount 
not exceeding ten thousand dollars. 

Approved May 31, 1890. 



1852, 81. 



1890. — CH.VPTERS 351, 352. 321 



An Act authouizino the beverly and danvers street rail- (JTiQYt 3'51 

AVAY COMPANY TO LEASE ITS ROAD AND OTHEU PKOPEKTY. 

Be it enacted, etc. , as folloios : 

Section 1. The Beverly {ind Danvers Street Railway May lease road, 
Company may lease its road and other property to any ^i\a.^foIa''^ 
other street railway company or to any party or parties, 
subject to the approval of the board of railroad commis- 
sioners. 

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

Approved May 31, 1890. 



com- 
misBioners. 



An Act in relation to additional passenger trains upon nhnn^^^ 

THE MILFORD BRANCH OF THE BOSTON AND ALBANY RAILROAD ^' 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners is Additional 
hereby authorized, upon the petition of twenty legal MiifJfrd branch 
voters of the town of Milford or twenty legal voters of ''*'''°^'*- 
the town of HoUiston, after due notice to the Boston and 
Albany Railroad Company and such hearing as said board 
shall deem expedient, if in the judgment of said com- 
missioners the public exigency requires it, to order the 
said company, within thirty days from the date of said 
order, to add such additional passenger trains to the Mil- 
ford branch as to them may seem just and proper. 

Section 2. In case of neglect or refusal of said Com- Orders may be 
pany to comply with the provisions of the preceding sec- ^ultfoV^** 
tion the supreme judicial court or any justice thereof formrncefeie. 
sitting in equity in any county shall, upon the petition of 
ten legal voters of the towns of Milford or Holliston, have 
full power to make and issue such orders and decrees as 
may be necessary to compel the specific performance of 
the provisions of the preceding section by said company ; 
and for every month's delay or refusal on the part of said 
company to comply with and fulfil the requirements of said 
preceding section said company shall forfeit and pay over 
the sum of five hundred dollars, to be recovered in an 
action of tort to be brought by the attorney-general or the 
district-attorney for the northern district, for the benefit 
of the Commonwealth. 

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

Approved May 31, 1890. 



322 1890. — Chapters 353, 354. 



Ch(ip.353 ■^'^ ^CT RELATING TO THE FEES OF TRIAL JUSTICES. 

Be it enacted, etc., as folloivs: 

jJiTucel.*'*^^ Section 1. In criminal cases the fee of a trial justice 

shall be: — For receiving complaint, administering oath, 
issuing a warrant, entering complaint, rendering judgment 
and recording the same, examining, allowing and taxing 
costs, filing papers, issuing a subpoena for one or more 
witnesses, for trial or hearing on any plea whatever, taking 
recognizance of principal, sureties and witnesses, for a 
mittimus, and for notice in cases of juvenile offenders, the 
sum of three dollars, in lieu of all magistrates' fees now 
allowed by law for such services. 

hlg^'cisufe"'/^" Section 2. For certifying costs to the superior court 

p. s. 217, §6. under section six of chapter two hundred and seventeen 
of the Public Statutes, there shall be allowed a trial jus- 
tice, fifty cents for each case taxed and certified ; and such 
costs shall be certified to the superior court at the end 
of each quarter now provided by law for accounting with 
county treasurers, without regard to the sittings of said 
court. On receipt of said certificates or schedules of costs 
so sent to the superior court, the clerk of the courts shall 
forthwith transmit the same to the district attorney, who 
shall, as soon as may l)e, examine and correct any errors 
therein and return the same to the clerk of the courts 
from whom he received them, who shall certify the same 
to the proper county treasurer for payment, as now pro- 
vided by law. 

ife°nd\Q|^aie.'^° SECTION 3. This act shall not apply to any pending 
case. 

Repeal. SECTION 4. All acts and parts of acts iuconsisteut with 

this act are herel^y repealed. 

.Tuiy M8^'" Section 5. This act shall take efi"ect on the first day 
of July next. Approved May 31, 1890. 

C/iap.354: -'^^ ^^'^ ^^ RELATION TO THE HOSPITAL COTTAGES FOR CHILDREN IN 
BALDWINSVILLE IN THE TOWN OF TEMPLETON. 

Be it enacted, etc., as follows: 
^ompruono7 Section 1. There shall be allowed and paid out of 
forSase of ^hc trcasuiy of the Commonwealth to the Hospital Cot- 
water Buppiy. tages for Children, a charitable corporation organized 
under the laws of this Commonwealth for the care, train- 
ing and treatment of diseased, maimed, feeble-minded. 



1890. — Chapter 355. 323 

destitute and orphan children, and located at Baldwins- 
ville in the town of Templeton, a sum not exceeding 
thirty thousand dollars, to be expended for the comple- 
tion of the buildings now in process of erection for the 
accommodation of said institution, for furnishing the same, 
and for increasing the water supply and perfecting the 
system of sewerage. 

Section 2. Before any of the money authorized in Majority of 
section one shall be expended, the governor with the appointed by 
advice and consent of the council shall appoint a number t^^e governor. 
of trustees sufficient to constitute a majority of the board 
of trustees of said institution, and the trustees so appointed 
shall hold their offices for a period of three years ; and all 
vacancies in the trustees so appointed whether occurring 
by expiration of a term or otherwise shall be filled in like 
manner ; and trustees appointed from a cause other than 
an expiration of a term, shall hold office only during such 
unexpired term, unless reappointed. So much of section Repeal. 
two of chapter four hundred and forty-one of the acts of 
the year eighteen hundred and eighty-seven as provides 
for the appointment of two persons as trustees is hereby 
repealed. 

Section 3. All bills for expenditures under this act Buisforex- 

1 II 1 i 1 1 T !• I /~^ II penditureB to be 

shall be presented to the auditor of the Commonwealth prenemed to the 
for approval, and certified to the governor and council in 
the same manner as other claims against the Common- 
wealth. 

Section 4. This act shall take effect upon its passage. 

Approved May 31, 1890. ' 



An Act to authorize the citt of boston to incur indebt- C/]iar>.^5^ 

EDNESS OUTSIDE ITS DEBT LIMIT TO ERECT AND FURNISH SCHOOL" 
HOUSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, for the purpose of ^j^yg^'^^'g^"- 
erecting and furnishing school-houses in said city, may, beyond the 

^ tj •/'»/' litnit for erect- 

on or before the first day of June, eighteen hundred and jngand furnish- 
ninety, authorize the city treasurer of said city to issue houBee."" 
from time to time, as the mayor of said city may request, 
bonds or certificates of indebtedness to an amount not 
exceeding five hundred and fifty thousand dollars, to bear 
interest payable semi-annually at such rate not exceeding 
four per centum per annum as shall be fixed by said city. 



324: 



1890. — Chapter 355. 



City treasurer 
to sell bonds. 



Proviso. 



Not to be in- 
cluded in 
authorized in- 
debtedness until 
after Nov. 1, 
1890. 

P. S. 29, § 4. 
1885, 178, § 2. 



School com- 
mittee to have 
full control of 
construction, 
etc. 



Full plans to be 
prepared before 
work is com- 
menced. 



Proviso. 



And the money raised by the loan as herein author- 
ized shall be used for no other purpose than the 
erection and furnishing of school-houses in the city of 
Boston. 

Section 2. Said treasurer shall sell such bonds or cer- 
tificates as issued and retain the proceeds thereof in the 
treasury of said city and pay therefrom the expenses 
incurred for the purpose aforesaid : provided, however, 
that he shall pay over to the board of commissioners of 
sinking funds of said city any premiums received by him 
in the sale of such bonds or certificates ; and said board 
shall place all amounts so paid by said treasurer into the 
sinking fund for the payment of the loan hereby author- 
ized. 

Section 3. The indebtedness incurred under this act 
shall not, until after the first day of November in the year 
eighteen hundred and ninety, and shall then, be consid- 
ered or reckoned in determining the authorized limit of 
indebtedness of the city of Boston under the provisions of 
section four of cha})ter twenty-nine of the Public Statutes 
as modified and amended by section two of chapter one 
hundred and seventy-eight of the acts of the year eighteen 
hundred and eighty-five. 

Section 4. The school committee of the city of Bos- 
ton shall have full power and control of the design, con- 
struction, erection and furnishing of all school buildings 
which may be erected w^ith the proceeds of the loan herein 
authorized, and are hereby authorized to select and employ 
an architect or architects to design said buildings and to 
supervise the construction and erection thereof, and a 
superintendent or superintendents to take charge of and 
approve the work ; but no work upon any building shall 
be commenced until full general plans of such building 
shall have been prepared, and no specific work shall be 
commenced until the same shall have been duly adver- 
tised, proposals for such work shall have been received 
from responsible parties, and contracts shall have been 
entered into, with satisfiictory guarantees for their per- 
formance : p)^^ovided, hoicever, that no contract made 
under this act shall be valid unless approved by the 
mayor. 

Section 5. This act shall take effect upon its passage. 

Approved June 2, 1890. 



1890. — Chapter 356. 325 



An Act to annex a part of the town of longmeadoav to Cha7J.35Q 

THE city of SPRINGFIELD. 

Be it enacted, etc., as follows : 

Section 1. So much of the town of Longineadow in Part of town of 
the county of Hampden as lies between the present houn- annexed to the 
dary line between said town and the city of Springfield in fiefd?^ Spnng. 
said county, and the following line, to wit : — Beginning 
on said boundary line at a granite boundary line monu- 
ment located at or near the easterly side of Warriner's 
Pecowsic path ; thence running south-westerly in a direct 
line to a granite boundary line monument on the northerly 
side of the Stickney road at that point on said road where 
it turns south after running south-easterly from the main 
road from said Springfield to Longmeadow street ; thence 
running north-westerly to a granite boundary line monu- 
ment on the easterly line of said road to Longmeadow 
street and at or near the intersection thereof by the north- 
erly side of said Stickney road, and thence, in the same 
line continued, to the Connecticut river; with all of the 
inhabitants and estates therein is hereby set off from said 
town and annexed to and made a part of the said city of 
Springfield, and shall constitute a part of the sixth ward 
thereof until a new division of the wards of said city is 
made. 

Section 2. The inhabitants and estates within the ter- Payment of 
ritory above described and the owners of said estates shall 
continue liable to pay to said town all taxes remaining 
uncollected and legally assessed upon them and all taxes 
that may be assessed by said town for the current year ; 
and all of said taxes shall be collected and paid to said 
town the same as if this act had not been passed. Until 
the next state valuation the city of Springfield shall, an- 
nually after the current year, on or before the month of 
November pay to said town the proportionate part of the 
state and county tax assessed upon said town which the 
valuation of the part set off bears to the valuation of 
the town according to the valuation made by the assessors 
of the town in the year eighteen hundred and eighty-nine. 

Section 3. Until a new apportionment of represen- Election of state 
tatives shall be made the inhabitants of the territory cers.'^et^J!'^ ° 
described in the first section hereof shall, for the purpose 
of electing state and county officers, members of the exec- 



326 1890. — Chapter 356. 

utive 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 said town ; and the inhabi- 
tants resident therein qualified to vote shall be entitled to 
vote for said officers and shall be eligible to the office of 
representative to the general court from the senatorial 
and representative districts of which said territory now 
forms a part, and shall vote at the place or places at which 
the inhabitants of said territory would have voted had this 
act not been passed. 
Settlement of SECTION 4. If auv pcrsou or pcrsous who have here- 

paupers. , •iiii ' • ^ i /• 

toiore gamed a legal settlement in said town by reason ot 
residence in said territory set ofl' as aforesaid, or by hav- 
ing been proprietors of any part thereof, or who may 
derive such settlement from any such residence or pro- 
prietorship, shall come to want and stand in need of 
relief, aid and support as paupers, they shall be relieved 
and supported by said city in the same niannner that they 
would have been by said town had they gained a legal set- 
tlement therein. 
Public park. Section 5. The park commissiouers of Said city sliall, 

within three years after said city shall have acquired for 
purposes of a public park a sufficient title to any part of 
the Barney estate, so called, lying within said annexed 
territory, construct within said annexed territory, for light 
driving only, a park road not less than twenty feet wide 
and of such grades as said commissioners may deem 
proper, and running in such courses not unreasonably cir- 
cuitous for a park road as said commissioners may deter- 
mine, and extending from Long hill street near the Linus 
Dickinson homestead to some convenient point on said 
Stickney road. Said park road shall not be a public way 
within the meaning of the statutes of this Commonwealth 
relating to public ways, but shall be governed by the pub- 
lic park laws thereof and shall be maintained by said com- 
missioners in such manner as they may determine to be 
consistent with the improvement and maintenance of said 
territory for park purposes. The inhabitants of said town 
may, under the rules of said commissioners, use said road 
with the same rights that the citizens of said Springfield 
shall have to use the same, but said road shall not at any 
time be closed for said light driving by gates or bars, 
or by any rule or regulation of said park commission- 



1890. — Chapter 357. 327 

ers, except as shall be necessary for the ordinary repair 
thereof. 

Section 0. This act shall take eifect upon its passage. 

Approved Jane 2, 1890. 



ChapMl 



An Act to authorize the city of pittsfield to constkuct a 
system of sewerage and to provide for the payment 
therefor. 

Be it enacted, etc., as foUoivs : 

Section 1. The city of Pittsfield, upon the orsfaniza- May construct 

,. ., . . , ^ J • ^ 1 ^ 1 *" • T systems of 

tion ot its municipal government, is hereby authorized, sewerage and 
through a hoard of commissioners to be elected as herein- poI^L® ^'^' 
after provided, to lay out, construct and maintain a sys- 
tem or systems of sewerage and sewage disposal for said 
city in accordance with any general plans which have been 
or ma}^ be approved by the state board of health. 

Section 2. A board of three commissioners, to be commissioners 
called the commissioners of sewers of the city of Pitts- appointed. ° 
field, shall be appointed by the mayor of said city as soon 
after the organization of said city government as practica- 
ble, who shall hold their office, one for one year, one for 
tw^o years and one for three years from the first day of 
January preceding their appointment ; and thereafter on 
each succeeding January one person shall be annually so 
appointed as a member of such board who shall hold his 
office for three years. xVll said appointments shall be 
subject to confirmation or rejection by the board of alder- 
men. Any vacancy in the board may be filled at any Vacancies. • 
time for the unexpired term. 

Section 3. Said city may for the purposes of this act May carry 

T*^ , , 1 • T 11 i sewers under 

carry its sewers under any street, bridge, embankment, streets, etc., and 
railroad, highway or other way in such manner as not dlg^upyivate 
unnecessarily to obstruct the same ; and may enter upon '^°''- 
and dig up any private land and do any other thing nec- 
essary or proper in executing the purposes of this act. 

Section 4. Said board of commissioners, acting for May take lands, 
and in behalf of said city, shall have full [)ower to take by p'u;chJBe or 
purchase or otherwise any lands, water rights, rights of °^^*''"'''*®- 
way or easements in the city of Pittsfield necessary for 
the establishment and maintenance of such systems of 
sewerage and sewage disposal, and to provide outlets for 
the discharge of such sewers and sewage. 

Section 5. Said city shall pay all damages sustained d.|^,^.'g^Pg^g. 
by any person or corporation in property by reason of taiued. 



328 



1890. — Chapter 357. 



City may offer 
in court that a 
specified sum 
may be 
awarded. 



Proportion of 
cost to be as- 
sessed upon 
lands benefited, 
to be deter- 
mined by city 
council. 
P. 8. 50. 



County of Berk- 
shire to pay 
such sums as 
may be agreed 
upon. 



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. In every case of a petition for the assess- 
ment of damages, or for a jury, the said city may offer in 
court and consent in writing that a sum specified may be 
awarded as damages to the compkainant ; and if the com- 
plainant shall not accept the same within ten days after 
he has received notice of such offer and shall not finally 
recover a greater sum than the one offered, not including 
interest on the sum recovered in damages from the date 
of the offer, the 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 offer. 

Section 7. The city council may by vote determine 
what proportion of the cost of the main trunk sewers, the 
intercepting sewers and the lateral sewers, shall be 
assessed upon lands or estates benefited thereby, and may 
make a different rule or proportion for the assessments of 
the different parts of said sewers as shall seem to said 
council equitable and right. Said city council shall also 
determine what allowances shall be made, if an}^ to per- 
sons or estates who have paid assessments for sewers 
already constructed and which may become useless, in 
whole or in part, by reason of sewers constructed under 
this act. The assessments so to be made for the expense 
of constructing the common sewers shall be made upon 
persons and estates in the manner provided by chapter fifty 
of the Public Statutes and acts in amendment thereof; 
and all provisions of said chapter and acts not inconsistent 
with this act shall apply to assessments so laid. 

Section 8. The county of Berkshire shall pay toward 
the construction of such sewers as are necessary for the 
disposal of the sewage of the county buildings of said 
county, such sums as may be agreed upon between the 
county commissioners of said county and the commis- 
sioners appointed under this act; and in case they shall 
not agree, three persons shall be appointed upon the 
application of either partj^ by the supreme judicial court, 
who shall have full power to determine upon the amount 



1890. — Chapter 357. ' 329 

to be paid by said count}'^ ; and said county commissioners 
are further authorized to build a sewer to connect with 
one of the main trunk sewers to be built under this act 
and to expend such a sum of money as may be necessary 
for the same. The treasurer of the county of Berkshire County treas- 
shall have power to borrow money, and give the obliga- rowmoney7o'r 
tion of the county therefor, for any sum to be paid by the the purpose. 
county under this act, and upon such terms and for such 
time as shall l)e determined by the board of county com- 
missioners. 

Section 9. Said board of commissioners shall make a commissioners' 
report of their proceedings and expenditures to said city contracts. 
council whenever required by it ; and said board is not 
authorized to make any contract which involves the ex- 
penditure of money without the same having been duly 
appropriated by the municipal government of Pittsfield. 
The chairman of the board shall be entitled to the same Chairman to 
rights given to the chairman of the board of public works ^tTncu! "^"^ 
by section thirty-one of chapter four hundred and eleven 
of the acts of the year eighteen hundred and eighty-nine. 
The board of commissioners shall be entitled to such com- compensation. 
pensation as shall be voted to them by the city council of 
the city of PittsHeld. 

Section 10. The said city may, for the purposes of pay- Pittsfieid sewer 
ing the necessary expenses and liabilities incurred under the iWo.' 
provisions of this act, issue from time to time bonds, notes 1884,129. 
or scrip to an amount not exceeding in the aggregate four 
hundred thousand dollars beyond the limit of indebtedness 
fixed by law for said city. Such bonds, notes or scrip 
shall bear on the face thereof the words, Pittstield Sewer 
Loan, Act of Eighteen Hu^ndred and Ninety ; shall be pay- 
able at the expiration of periods not exceeding forty years 
from the date of issue, and shall bear interest payal)le 
semi-annually, at a rate not exceeding six per centum 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 ?'°H"fr"i?'li*° 

, « . T-> • 1 ' ^^ established. 

for the payment thereof at maturity. But said city may, 
instead of creating a sinking fund for the payment of said 
bonds so issued or to be issued, provide by the terms of 
said bonds that at least ten thousand dollars shall be due 
and payable each year upon the principal of such bonds, 



330 



1890. — Chapter 358. 



Subject to ac- 
ceptance by a 
majority vote. 



Repeal. 



and if so paid said sinking fund need not be established 
as required by said acts. 

Section 11. This act shall be submitted to the quali- 
fied voters of the city of Pittsfield for its acceptance, and 
shall be void unless such voters, voting in their respective 
wards or precincts at a legal meeting, shall before the first 
day of January in the year eighteen hundred and ninety- 
one determine by a majority of ballots to adopt the same. 
Upon the acceptance of this act by the voters aforesaid so 
much of the act incorporating the city of Pittsfield afore- 
said ; so much of chapter one hundred and twenty of the 
acts of the year eighteen hundred and seventy-eight ; and 
so much of any other act inconsistent herewith are hereby 
repealed ; but nothing in this act shall be construed to take 
away from the board of public works of said city the charge 
and control of all main drains and other conduits for the 
reception and disposal of surface or ground water, con- 
structed by the town of Pittsfield or which may hereafter 
be constructed by said city, or to waive any penalty tax 
assessment or the right to collect the same under laws now 
in force. Aj^proved June 3, 1890. 



ChCip35S ^'^ ^^CT IN FAVOR OF THE MASSACHUSETTS HOMEOPATHIC HOSPITAL. 

Be it enacted, etc., as follows: 



Allowance to 
hospital for a 
building, etc. 



Five trustees to 
be appointed by 
the governor. 



Section 1. There shall be allowed and paid out of the 
treasury of the Commonwealth a sum not exceeding one 
hundred and twenty thousand dollars in aid of the Massa- 
chusetts Homeopathic Hospital, a charitable corporation 
organized under the laws of this Commonwealth and 
located in the city of Boston, to be expended by the 
trustees thereof for the purpose of building and furnish- 
ing an addition to the present building or for building and 
furnishing a new building for the general purposes of said 
hospital. 

Section 2. In consideration of the grant provided for 
in section one the trustees of the Massachusetts Homeo- 
pathic Hospital shall provide for a representation on their 
board, of five members, to be appointed by the governor 
with the advice and consent of the council, during the 
present year, as follows : two for three years, two for two 
years and one for one year ; and at the expiration of their 
respective terms of service appointments shall be made 
for a term of three years ; and in further consideration 



1890. — Chapters 359, 3G0. 331 

thereof the said hospital shall forever maintain not less 
than twenty free beds. 

Section 3. The Massachusetts Homeopathic Hospital ^"ji'^VTw'iry'''^ 
shall accept and comply with the provisions of this act, days. 
to the satisfaction of the governor and council, within 
thirty days from its passa_o-e. 

Section 4. All l)ills for expenditures under this act pe"f,it° rJifto be 
shall be presented to the auditor of the Commonwealth for presented to the 

IT • r' 1 1 1 •! • J.1 auditor. 

approval and certifaed to the governor and councu m the 
same manner as other claims against the Commonwealth : 
provided, that no larger sum than sixty thousand dollars Proviso. 
shall be paid during the year eighteen hundred and ninety. 
Section 5. This act shall take effect upon its passage. 

Approved June 3, 1890. 



ChapMd 



An Act authorizing the police and district courts in the 
county of middlesex to establish uniform return days 
and rules for civil business in said courts. 

Be it enacted., etc., as follows: 

Section 1. The several police and district courts of ^^^ay^;:^'-'^,'^^;^*;!^^^ 
the county of Middlesex are hereby authorized and days and rules 

% 1 1 • 1 • /• 1 • • • 1 ^o"" '^i^i' busi- 

empowered to establish unirorm return days m civil cases ness. 
and uniform rules for the transaction of civil business in 
their respective courts. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby rei)ealed. 

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

Apinoved June 3, 1890. 

An Act to amend an act relating to the salaries of the ni^nrft 360 

CLERKS OF COURTS AND THE PAYMENT OF FEES IN THE SUPERIOR ^ 

COURT AND THE SUPREME JUDICIAL COURT. 

£e it enacted, etc., as follows : 

Section three of chapter two hundred and fifty-seven of ^^^'^.^^^^1^° 
the acts of the year eighteen hundred and eighty-eight is 
hereby amended by inserting after the word " issuing", in 
the sixth line of said section, the words: — subpoena, 
injunction and, — so that said section as hereby amended 
shall read as follows : — Section 3. There shall be paid to Payment of fees 
the clerk upon the entry of every suit in the supreme judidal^rnd™'' 
judicial and superior courts, and upon the filing of a ^"p^"°'' ''°'"''^- 
petition to the county commissioners, in the several coun- 
ties, the sum of three dollars, to be in lieu of entry, clerk's 



332 1890. — Chapters 361, 362, 363. 

terra fees, the fee for taxing costs and issuing subpoena, 
injunction and execution, now authorized by huv ; and no 
suit or petition shall be entered by the clerk until said fee 
is paid. The fee of said clerks for the entry of an indict- 
ment or complaint in a criminal case shall be three dollars, 
which shall be in lieu of the entry and all other clerk's 
fees now authorized by law. Approved June 3, 1890. 



Chap.361 



An Act to incorporate the newton club of newton. 
Be it enacted, etc., as follows: 

fulor^oiated Section 1. Hcman M. Burr, Robert R. Bishop, Wil- 

liam Claflin, Henry E. Cobb, Samuel L. Powers, Edward 
^y. Gate, William J. Follett, James W. French, Albert 
S. Glover, their associates and successors, are hereby 
made a corporation b}^ the name of the Newton Club, for 
the purpose of maintaining a club house and reading room 

dutTeT ^^^ ^^^ ^^^ ^'^^y of Newton ; with all the powers and privileges 
and subject to all the duties, lial)ilities and restrictions set 
forth in all general laws which now are or may hereafter 
be in force applicable to such corporations. 

^Mi'Tstat'e.'^' Section 2. Said corporation for the purposes afore- 
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 June 3, 1890. 

Ch(lp.SQ2l ^^ ^^^ "^^ AUTHORIZE the WASHBURN AND MOEN MANUFACTURING 
COMPANY TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Stii slock! Section 1. The Washburn and Moen Manufacturing 

Company is hereby authorized to increase its capital stock 
by adding thereto an amount not exceeding one million 
dollars, at such times and in such sums as its stockholders 
may determine. 

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

Approved Jane 5, 1890. 

ChCtP.3G3 ^^ -^^^ "^^ PROVIDE FOR ARRANGING AND INDEXING THE PROBATE 
RECORDS OF THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as follows: 

k.'^be''arrared'* Section 1. The Tcgistcr of probats for the county of 
and indexed. Plymouth shall be allowed a sum not exceeding fifty dollars 



1890. — Chapters 36i, 365. 333 

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 arranging and 
indexing the tiles and records in his office ; the same to be 
paid from the treasury of the Commonwealth monthly until 
the said work shall be completed. The judge of probate 
for said county shall audit and approve the accounts of the 
register. 

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

Approved June 5, 1890. 



An Act relating to fenders and guards for street railway 

CARS. 



(7Ao'^.364 



Be it enacted, etc., as follows: 

Section 1. Street railway companies operating cars Fenders and 
propelled by any motive power other than horses shall ftreet^rluway 
equip their cars with such fenders and guards as may be *^'"'** 
required by the board of railroad commissioners; and said 
board shall have power from time to time to modify or 
increase such requirements. 

Section 2. A street railway company which, for more Penalty for not 
than six months after being notified as to the kind or kinds r^qu^iemlnTs'of 
of fenders and guards required by the board, operates a 
car not equipped with such fenders and guards, and pro- 
pelled by any motive power other than horses, at a speed 
greater than at the rate of seven miles an hour, shall for 
each offence forfeit a sum not exceeding fifty dollars. 

Approved June 3, 1890. 



the railroad 
commissioners. 



An Act to authorize cities to expend money for watering 
their public streets. 



Chap.ZQ5 



Be it enacted, etc., as follows. 



Section 1. Any city may appropriate and expend cities may ex- 



pend money for 



money for watering its public streets, and may, if it watering 
deems it expedient so to do, provide by ordinance that ^"'^'^'^• 
the board of aldermen of the city shall assess upon the 
owners and occupants of such estates abutting on a street 
so watered a proportionate share of the cost of such 
watering. 

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

Approved June 3, 1890. 



334 1890. — Chapters 366, 367, 368. 



Chcip.SGG ^^ ^CT TO ENABLE THE PROPRIETORS OF THE LOWELL CEMETERY 
TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 
May hold addi- SECTION 1. The proprietors of the Lowell cemetery, 

tional real and • i i • • . , i i ■ ,> n • 

personal estate. iH addition to the real estate heretotore convej^ed to it, 
may acquire and hold so much real and personal estate as 
may be necessary for the objects of its organization ; 
which real and personal estate shall be applied exclusively 
to the furtherance of such objects. 

Conveyance of SECTION 2. No convevancc of land heretofore made to 

certain land not , 'L i r- t • i 

to be invalid, said coi'poi'ation, and used exclusively for the furtherance 
of the objects of its organization, shall be invalid by 
reason of any want of authority in said corporation to 
purchase and hold the same. Apj)roved Jane 3, 1890. 

ChClp.SQl ^^ ^^'^ "^^ AUTHORIZE THE NANTUCKET ELECTRIC STREET RAIL- 
WAY COMPANY TO DO BUSINESS AS A COMMON CARRIER. 

Be it enacted, etc., as foUoivs : 

Se?8"u^1° Section 1. The Nantucket Electric Street Railway 

neesandbea Compauy. is hereby authorized to carry on the express 



common 



carrier. busiuess and to be a common carrier for the conveyance 

of goods upon and over any street railway which it is or 
may be authorized to construct, subject to the provisions 
of chapter seventy-three of the Pu])lic Statutes and of all 
laws relating to common carriers and express companies. 

mouve''''ower^ Section 2. The usc of clcctricity by said company as 
a motive power is hereby authorized, and the locations 
heretofore granted to it by the selectmen of Nantucket are 
hereby confirmed. 

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

Approved June 3, 1890. 



Chaj) 



QQg An Act to permit railroad or street railway companies to 

USE THE MEIGS SYSTEM OF ELEVATED RAILWAYS. 



Be it enacted, etc., as folloivs : 
May use the SECTION 1. Any raili'oad or street railway company 

Meigs syatera of J , - i i "ii i i? 

elevated now or hercattcr organized or operated under the laws ot 

^^' this Commonwealth may build and use the Meigs system 

Proviso. of elevated railway : 2^^'ovided, that each city and town 

in which the tracks of said company or any part thereof 
are located shall assent thereto ; and said assent in the 



1890. — Chapter 369. 335 

case of a city ^liall be by vote of a majority of all the 
members of the city council thereof, and in the case of a 
town, by ballot, by a majority of the voters thereof pres- 
ent at a legal meeting duly warned and called for that 
purpose ; and provided, aho, that the location in the city Provisos. 
of lioston shall have been first approved by the l)oard of 
railroad commissioners ; and :dso, provided, that no por- 
tion of this system shall be built upon any part of Boston , 
common. 

Section 2. The building or use of said railway in Parties injured 
any public way shall be deemed a new servitude, for da'mage's!^^'^ 
^^hich the parties injured may recover damages in the^"^'^'^' 
manner provided by chapter one hundred and twelve 
of the Public Statutes, sections ninety-four to one hun- 
dred and twelve, inclusive, and all the provisions of said 
chapter relative to security for damages shall be deemed 
to apply : and provided, cdso, that for the purposes of I'l^o^'^oa- 
estimating such damages the abutters on such ways shall 
be deemed to be the owners of the fee thereof to the 
centre of such way ; and provided, cdso, that the bonds 
provided for in said chapter one hundred and twelve of 
the Public Statutes shall be approved by a justice of the 
sui)erior court instead of by the county conmiissioners. 

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

Approved June 3, 1890. 

An Act to amend an act relating to the investments of nj^ffr^-. QfiQ 

SAVINGS BANKS. ^ 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety of the acts of the 3'ear Amendment to 
eighteen hundred and eighty-eight is hereby amended |3y i^^s, 90, §i. 
adding after the words " for municipal purposes", in the 
ciijhth line of section one, the words : — and refunding: 
bonds issued to take up at maturity bonds which have 
been issued for other than municipal purposes, but on 
which the interest has been fully paid, — so that the 
section as amended shall read as follows: — Section 1. investments of 
In addition to the investments authorized by section ^^""^^ 
twenty of chapter one hundred and sixteen of the Public 
Statutes, savings banks and institutions for savings may 
invest their deposits and the income derived therefrom in 
the legally authorized bonds of the states of Pennsylvania, 
Ohio, Michigan, Indiana, Illinois, Wisconsin and Iowa, 



336 1890. — Chapter 370. 

Investments of and of the District of Columbia, and in the legally 
savings an s. ^^^[^Qj.iged bonds foF municipal purposes, and refunding 
bonds issued to take up at maturity bonds which have 
been issued for other than municipal purposes, but on 
which the interest has been fully paid, of any city of 
the aforesaid states and in the state of New York, which 
has at the date of such investment more than thirty 
thousand inhabitants, as established by the last national 
• or state census, or city census, certified to by the city 
clerk or treasurer of said city and taken in the same 
manner as a national or state census, preceding such 
investment, and whose net indebtedness does not exceed 
five per cent, of the valuation of the taxable property 
therein, to be ascertained by the last preceding valuation 
of property therein for the assessment of taxes ; and in 
the note or notes of any citizen of this Commonwealth, 
with a pledge as collateral of any of the aforesaid securi- 
ties, the amount invested in such note or notes not to 
exceed in any case eighty per cent, of the market value 
of the securities pledged. 

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

Approved June 5, 1890. 

ChctpJSlO ^N Act to amend the public statutes relating to divorce. 

Be it enacted, etc., as folloivs : 

p.Tiirrio° Chapter one hundred and forty- six of the Public Statutes 
is hereby amended by adding to the tenth section thereof 
the folio wiuf; words : — In all libels for divorce where the 
cause alleged is adultery, and where the adverse party 
does not appear, or is defaulted, the person alleged to be 
particeps criminis with the libellee may, in the discretion 
of the court, be allowed to appear and contest the libel, 
— so that said section as hereby amended shall read as 

divorc/""^ follows : — Section 10. When the adverse party does 

not appear, and the notice of the pendency of the libel is 
considered by the court to be defective or insufficient, it 
may order such further notice as it may consider proper. 
In all libels for divorce where the cause alleged is adultery, 
and where the adverse party does not appear, or is 
defaulted, the person alleged to be particeps criminis with 
the libellee may, in the discretion of the court, be allowed 
to appear and contest the libel. 

Approved June 3, 1890. 



1890. — Chapters 371, 372. 337 



An Act in relation to bonds issued by electric light Chav.371 

COMPANIES. 

Be it enacted., etc., as follows: 

Section 1 . Any company now or hereaflcr established fiectlic ngh? ''^ 
nnder the hiws of the Commonwealth and having the right companies. 
to erect and maintain posts, wires or other fixtures in, 
over or under public streets and highways for the purpose 
of furnishing electricity for light or power, is hereby 
authorized, subject to the provisions of this act, to secure 
the payment of bonds issued or to be issued by such cor- 
poration l)y a mortgage of its franchise in connection with 
its tangible property ; so that all persons acquiring any 
posts, wires or fixtures by, through or under such mort- 
gage shall have the same rights and be subject to the same 
obligations with respect to the erection, care and mainten- 
ance of such posts, wires and fixtures as Avould be vested 
in and imposed upon the corporation itself had not such 
mortgage been made. Such mortgage and all bonds To be author- 
hereafter issued shall be authorized by vote of a majority L^maj'o^itytinn- 
in interest of the stockholders of the company at a meet- '®''®*'^- 
ing called for that purpose ; and the rate of interest on 
such bonds shall not exceed six per centum per annum. 

Sectiox 2. No bonds shall be issued by any such Not to be in ey- 
company for an amount exceeding its capital stock which gfock actlullry 
shall at the time have been actually paid in and applied to p^"^'"- 
the purposes of the corporation ; and the proceeds of all 
bonds shall be applied to the payment of obligations 
incurred for the enlargement or extension of the plant or 
the purchase of real estate for the use of the company, or 
for the payment of liabilities existing at the time of the 
passage of this act. 

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

Approved June 3, 1890. 



At Act to amend an act relating to the north parish in 
haverhill. 



Chap.^12 



Be it enacted., etc., as follows: 

Section four of chapter seventy-seven of the acts of the Amendments to 
year eighteen hundred and twenty-two is hereby amended ^^^■^' "' ^ *' 
by striking out in the eleventh line the words " congrega- 
tional " and " minister", and inserting in the place of the 
word " minister " the word : — ministry, — and by strik- 



338 



1890. — CuArTER 373. 



GiftB, grants, 
etc., hereafter 
made to be 
valid. 



^S^nTf* '° ^"o ""t all after the word " parish", in said eleventh line, 
to and inclnding the word " same", in the fifteenth line, 
and by striking out the words " the other two-thirds of 
the", in the sixteenth and seventeenth lines thereof, and 
by inserting after the Avord "being", in the eighteenth 
line, the words: — or other expenses of said parish, — 
and by striking out all after the word " purpose ", in the 
nineteenth line, to and including the word " purpose", in 
the twenty-fourth line of said section, also by striking out 
the words " during said settlement ", in the twenty-sixth 
line thereof, and by inserting after the word " ministry ", 
in the twenty-seventh line, the words : — or use of said 
parish, — so that said section as amended shall read as 
follows : — Section 4. Be it further enacted, That any 
gift, grant, bequest or devise hereafter made to said trus- 
tees shall be valid and etFectual to all intents and purposes 
whatsoever ; and said trustees shall hold, use and appro- 
priate said gifts, grants, bequests and devises according 
to the directions, intentions and limitations of the donors, 
testators and devisors. And said trustees and their suc- 
cessors in office are hereby empowered to take, have, 
hold, purchase and exchange, use and improve, any estate, 
real or personal, the annual income whereof shall not 
exceed the sum of one thousand dollars, in trust for the 
support and maintenance of the gospel ministry of said 
parish ; and during the vacancy of such settled and 
ordained minister, said income may by vote of the parish 
be appropriated to the payment of the ministry for the 
time being or other expenses of said parish, and may be 
placed in the hands of the parish treasurer for that pur- 
pose : provided, the parish at a legal meeting shall vote 
the appropriation ; and if the parish do not annually 
ai)propriate the whole or any part of said fund for said use 
of the minister or ministry or use of said parish, then the 
same or any part thus unappropriated shall annually be- 
added to the principal or capital fund. 

Approved June 5, 1890. 

ChClD 373 ^^ ^^^ AUTHORIZING THE TREASURER TO RECEIVE FROM THE UNITED 
STATES ANY SUM OK MONEY FOR THE BENEFIT OK THE MASSACHU- 
SETTS soldiers' HOME. 

Be it enacted, etc., as follows: 
Treasurer may Section 1. The trcasurcr and receiver-general of the 

receive from the ii-i i-i • • u 

Commonwealth is hereby authorized to receive from the 



Proviso. 



1890. — CiiArTERS 374, 375, 376. 339 

United Stiitcs any and all sums of money which may be united states 

1.1 1 • 1 1 i <' i- ii moneys for the 

authorized to be paid by any act ot congress tor the benefit of the 
benefit of the Massachusetts soldiers' home. The sums so sowTers^nome. 
received shall be paid over to the treasurer of said soldiers' 
home, or to such person or persons authorized to receive 
the same, without any appropriation therefor. 

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

Approved Jane 5, 1S90. 

An Act to require clerks of courts to forward certain (JJictn,^'J4: 

PAPERS TO THE ATTORNEY-GENERAL. 

Be it enacted, etc., as follows: 

Section 1. It shall be the duty of clerks of courts to cierks of courta 

to forwiird ccr- 

cause to be printed and forwarded to the attorney-general, tain papers to 
at Boston, one or more copies of all bills of exceptions and genera'i'.'^"^^ 
reports of cases in which the Commonwealth is a party, 
or interested, as soon as may be after the same have been 
allowed and filed. 

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

Approved June 3, 1890. 

An Act constituting nine hours a day's work for all laborers, QJian.S75 

WORKMEN AND MECHANICS EMPLOYED BY OR ON BEHALF OF THE 
commonwealth or ANY CITY OR TOWN THEREIN. 

Be it enacted, etc., as follows : 

Section 1. Nine hours shall constitute a day's work Nine hours to 
for all laborers, workmen and mechanics now employed for'workmen, 
or who may be employed by or on l^ehalf of the Common- by^thTstate,^ 
w^ealth of Massachusetts or any city or town therein ; ''"y* *"■ '"°'^"" 
and all acts and parts of acts inconsistent with this act are 
hereby repealed. 

Section 2. This act shall take effect on the first day Totake effect 
of January in the year eighteen hundred and ninety-one. '^""'"'y •'^^'■* • 

Approved Jtme 3, 1890. 

An Act to incorporate the lawyers loan and trust company, njjfjj^ ^TH 
Be it enacted, etc., as folloios: 

Section 1. James R. Carret, Frederick C. Bowditch, Lawyers Loan 
William Minot, Jr., Francis V. Balch, Grenville H. Nor- pany, incor- 
cross and Charles S. Rackemann, their associates and p°''^'® 
successors, are hereby made a corporation by the name of 
the Lawyers Loan and Trust Company, with authority to 
establish and maintain a loan and trust company in the 



340 1890. — Chapters 377, 378. 

city of Boston ; 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 relating to such corporations. 

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

Approved June 3, 1890. 

OhCip.yil ^^ ^^^ ^^ RELATION TO THE ATTACHMENT OF THE PROPERTY OF 

NEWSPAPER OFFICES. 

Be it enacted^ etc., as folloivs : 

Sadc7o'ro°her Sectiox 1. The prcss, type, stands, cases, paper and 
property which othcr pci'sonal ))ropertv used in i^rintino: and publishing 

may be at- ^ iii • ^ • r -i? • 

tached, twenty, ncwspapcrs shall uot, Within forty-eight hours previous to 

four hours .1 - ^ t,. ,. ^ . ,ii 

before attach- the issuc of aiiy cditiou of a newspaper, be attached upon 

™c!!'miy bT^*' mesne process unless the officer making such attachment 

made. i^j^g ^^^ least twcuty-four hours previous thereto demanded 

of the owners or managers thereof other property upon 

which to make such attachment, equal in value to the ad 

damnum of the writ, and such owners or managers have 

refused or neglected to comply with such demand ; and 

such attachment shall be void unless the officer certifies in 

his return that he has made such demand, and the time 

when the same was made, and that the same has been 

refused and not complied with. 

tlkeeffect"fro°ra Section 2. Any such attachment so made after such 

time of demand, noticc shall take effect from the time of the demand as 

aforesaid, so far as to take precedence of any mortgage, 

pledge, conveyance or attachment made subsequent to the 

time of making such demand. Approved June 3, 1890. 

Chdp.WiS '^^ ^^"^ ^^^ "^^^ PREVENTION OF FIRE AND THE PRESERVATION OF 
LIFE AT THE STATE HOSPITALS AND ASYLUMS FOR THE INSANE. 

Be it enacted, etc., as follows : 

bi'^rov'idedVo°r Sectiox 1. All statc institutions devoted in whole or 
state hospitals jn part to the treatment, care and maintenance of the 

and asylums. .' • -i -\ • \ -i • 

insane shall be provided with properly constructed iron 
fire escapes upon the outside thereof and connected with 
the interior by doors or windows, with suitable landings 
at every story above the first, including the attic, where 
the same are occupied as day rooms or sleeping rooms for 
the insane, 
wiih apparatus Section 2. All such statc institutions shall be pro- 
for extinguish- yidcd wlth suitablc apparatus for the extinguishment of 

ment of tire. '^ ^ D 



1890. — CmvPTERs 379, 380. 3il 

fire, so constructed and arranged as to be effectually used 
from the inside or outside of tiie buildings or parts thereof 
used for the accommodation of insane persons. 

Sectiox 3. The trustees of each of such state insti- officers and 

. , , . . Ill employees to be 

tutions shall make suitable provisions by by-laws or ciiiiiud lu use of 
otherwise for a monthly ins[)ection and trial of such fj^.g *pp'*'"'' "^• 
apparatus and for a proper organization and monthly drill 
of their officers and employees in the use of the same. 
Sectiox 4. This act shall take effect upon its passage. 

Approved June 5, 1890. 

Ax Act in addition to an act to aid small towns to pro- 
vide THEMSELVES WITH SCHOOL SUPERINTENDENTS. 

Be it enacted, etc., as follows : 

Section 1. Section four of chapter four hundred and ,A.^„^°,o?"^c°^ '° 

.. /»! c ^ •! 111T ■'-S^°» ■i31, s 4. 

thirty-one ot the acts ot the year eighteen hundred and 
eighty-eight is hereby amended by striking out, in the first 
and second lines, the words " twelve thousand five hun- 
dred dollars ", and inserting in place thereof the w^ords : — 
twenty-seven thousand dollars, — so that the section shall 
read as follows: — Section 4. A sum not exceeding Annual appro- 
twenty-seven thousand dollars shall be annually appropri- made?" ° 
ated for the purposes of this act. 

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

Approved June 5, 1890. 



Chap.^l^ 



Cha2?.SS0 



An Act relating to the examination and certification of 

THE accounts OF COUNTY TREASURERS. 

Be it enacted, etc., as follows: 

Sectiox 1. Section twenty-eight of chapter twenty- Examination of 
three of the Public Statutes is hereby amended by striking coun"y ueas- 
out, in the fourth line, the words " the correctness of such p7s!"23, §28. 
statements shall be certified l)y the board of examiners, 
and, when so certified." 

Sectiox 2. Section thirty-two of said chapter twenty- Repeal. 
three of the Public Statutes is hereby repealed. p. s. 23, §o-. 

Sectiox 3. When the controller of county accounts controller to 
makes the examination of the accounts of county treasurers elamfnaUo"n! °^ 
required by law, if the same are found to be correct he 
shall so certify on the cash books of the treasurers and 
shall set forth at length the amount of the balance existing 
on the day that the examination is completed. 

Sectiox 4. This act shall take effect upon its passage. 

Approved June 3, 1890. 



312 1890. — Chaptees 381, 382, 383. 



Chan.SSl ^^^ ^^^ "^^ protect candidates for public office against 

ANONYMOUS CIRCULARS OR POSTERS. 

Be it enacted, etc., as foUoios : 

^?c°u!l™ u"o\ to Whoever intentionally writes, prints, posts or distrih- 
be posted, etc., utcs, Or causcs to he Written, printed, posted or distrihuted, 

to defeat candi- ., ,,,.,. ,^ , . . 

dates for public a cii'cular or postcr which is designed or tends to injure or 
defeat any candidate for nomination or election to any 
public office, by reflecting upon his personal character or 
political actions, unless there appears upon such circular 
or poster in a conspicuous place either the names of the 
chairman and secretary, or at least the names of two 
officers of the political or other organization issuing the 
same, or the name of some voter of the Commonwealth, as 
responsible therefor, shall be punished by tine not exceed- 
ing one hundred dollars or by imprisonment in jail not 
exceeding six months. Approved June 3, 1890. 

ChaV 38^ ^^ ^^^ RELATING to CROSSINGS AT GRADE Br RAILROADS FOR 

PRIVATE USE. 

Be it enacted, etc., as follows: 
Railroad com- When the consent of the board of railroad commissioners 

raigBioners may 

limit number of is required for a crossing of a way or travelled place by a 

trucks And itn- *. *j 

pose other railroad for private use, said board may limit the number 
of tracks and may impose such other conditions in relation 
to the use of the crossing l>y said railroad as may be 
deemed expedient, and may from time to time modif}' 
such limitations and conditions as circumstances may 
require. Approved June 3, 1890. 



conditions. 



(7/ittD.383 "^^ "^^^ ^® ENABLE PERSONS TO WHOM A DEBT IS PAYABLE IF IT 
WERE NOT FOR A LIEN ON BUILDINGS AND LAND TO DISSOLVE 
SUCH LIEN BY BOND. 

Be it enacted, etc, as folloivs : 

uplTll^i^eltatc Section 1. Any person to whom, if it were not for a 
by giving bond. Hen for performing or furnishing labor or materials or both 
in the erection, alteration or repair of a building or struct- 
ure upon real estate, a debt Avould be due and payable for 
performing or furnishing labor or materials or both on 
such real estate, may at any time before final judgment, 
in a suit brought to enforce such lien, release such real 
estate from such lien, by giving a bond to the party claim- 
ing the lien, with sufficient sureties to be approved in 



1890. — Chapter 384. 343 

writing by such party or liis attorney, or by a master in 
chancery, and with condition to pay such party within 
thirt}^ days after final judgment in such suit, the amount 
if any for which such lien shall be established with all costs 
of suit : jirovided, that nothing herein contained shall Proviso. 
authorize the release by l)ond of any real estate from a lien 
claimed solely for personal labor performed thereon by the 
petitioner. 

Section 2. No sureties shall be deemed sufficient for sufflciency 
the bond referred to in section one, unless they are satis- ° 
foctory to the party claiming the lien or to his attorney, 
or unless it is made clearly to appear to the master that 
each one, if there are only two, is worth, above what will 
pay his debts, a sum equal to twice that for which the lien 
is claimed, or if there are more than two, that they are 
together worth four times that sum. 

Section 3. The bond referred to in section one shall ^""Ve^c'^HpUon 
contain a description of the property released, and shall of property aud 

I ii/- 1 • to be recorded. 

be recorded, and the bond may be taken trom the registry, p. s. i9i, § 43. 
as provided in section forty-three of chapter one hundred 
and ninety-one of the Public Statutes, and the'lien shall 
not be dissolved until the bond is so recorded. 

Section 4. This act shall take effect upon its passage. 

Approved June 4, 1890. 

An Act relative to the attendance of children in the (7^(^79.384 

SCHOOLS. 

Be it enacted, etc., as foHoivs : 

Section one of chapter four hundred and sixty-four of d'^®°^™®°!* '° 

1 f ^ •! ^ 1 T -I ' ^ ' ' 1889, 464, § 1. 

the acts of the year eighteen hundred and eighty-nine is 
hereby amended by striking out, in the nineteenth, twen- 
tieth, twenty-first and twenty-second lines thereof, the 
words "for at least twenty weeks some public day school 
in the city or town in which he resides, which time shall 
be divided so far as the arrangement of school terms will 
allow into two terms each of ten consecutive weeks ", and 
inserting in place thereof the w^ords : — simia-j^ubH c^ day 
sctiQpl bi _the city or town in which he resides, a!nd~such 
attendance shall corrfinue tor at least thirty weeks of the 
school year if the schools are kept open that length of 
time, with an allowance of two weeks' time for absences 
not excused by the superintendent of schools or the school 
committee, — also by adding in the twenty-third line of 
said section, after the word " shall ", the words : — upon 



schools. 



3U 1890. — Chapter 385. 

the complaint of the school committee, — so that the last 
part of said section one, beginning with the middle of the 
sixteenth line thereof, as amended, shall read as follows : 
SrenTibe — Sectioii 1. Evcry person having under his control 
a child between the ages of eight and fourteen years, 
shall annually cause such child to attend some public day 
school in the city or town in which he resides, and such 
attendance shnllcontinue^for at leasTthirty weeks of the 
school year if the schools are kept open that length of 
time, with an allowance of two weeks' time for absences 
not excused by the superintendent of schools or the school 
committee, and for every neglect of such duty the person 
oifending shall, upon the complaint of the school commit- 
tee or any truant officer, forfeit to the use of the public 
schools of such city or town a sum not exceeding twenty 
dollars ; l^-ulJL,suc h child ha s^attandad for a li kfi^iei'iod 
of time ja private da.y sc hool lipproved l)y theschool-com- 
mitte e oFsucb city or town, or if such child has been other- 
wise~instructed for a like period of time in the branches of 
learning required by law to be taught in the pul)lic schools, 
or has already acquired the branches of learning required 
by law to be taught in the public schools, or if his physi- 
cal or mental condition is such as to render such attend- 
ance inexpedient or impracticable, such penalties shall not 
be incurred. Approved June 4, 1890. 



Ch(l7).3S5 ^^ ^^"^ '^^ AMEND AN ACT TO PROVIDE FOU A STATE BOARD OK 
ARBITRATION FOR THE SETTLEMENT OF DIFFERENCES BETWEEN 
EMPLOYERS AND THEIR EMPLOYEES. 

Be it enacted, etc., as follows: 
;^?'/°,l!?*y'*,^ ^° Section 1. Section four of chapter two hundred and 

l>>oD, iOO, S"*', « n t n 1 •! Till 

1S87, 2G9, §3. Sixty-three of the acts of the year eighteen hundred and 
eighty-six, as amended by section three of chapter two 
hundred and sixty-nine of the acts of the year eighteen 
hundred and eighty-seven, is hereby further amended by 
inserting in the twenty-sixth line of said section three, 
after the words "notwithstanding such request", the 
words following, to wit : — When notice has been given 
as aforesaid, each of the parties to the controversy, the 
employer on the one side, and the employees interested 
on the other side, may in writing nominate, and the board 
luay appoint, one person to act in the case as expert 
assistant to the board. The two persons so appointed 



1890. — CnArTEK 385. 345 

shall be skilled in and conversant with the business or Amendments to 
trade concerninp: which the dis[)ute has arisen. It shall issTi'ieo^ §3! 
be their duty under the direction of the board to obtain 
and report to the l)oard information concerning the wages 
paid and the methods and grades of work })revailing in 
manufacturing establishments within the Commonwealth 
of a character similar to that in which the matters in dis- 
pute may have arisen. Said expert assistants shall be 
sworn to the faithful discharge of their duty ; such oath 
to be administered by an}^ member of the board, and a 
record thereof shall be preserved Avith the record of the 
proceedings in the case. They shall be entitled to receive 
from the treasury of the Commonwealth such compensa- 
tion as shall be allowed and certified by the board, 
together with all necessary travelling expenses. Nothing 
in this act shall be construed to prevent the board from 
appointing such other additional expert assistant or assist- 
ants as it may deem necessary, — so that said section 
three as amended shall read as follows : — Section 3. 
Section four of said chapter is hereby amended so as to 
read as follows: — Section 4. Said application shall be state board of 

11 ' -I 1 1 ••i.i.'i- arbitration. 

Signed by said enn)Ioyer, or by a majority ot his em- 
ployees in the de])artment of the ))usiness in which the 
controversy or dilference exists, or iheir duly authorized 
agent or by both parties, and shall contain a concise state- 
ment of the grievances complained of, and a promise to 
continue on in business or at work without any lock-out 
or strike until the decision of said board, if it shall be 
made within three wrecks of the date of tiling said appli- 
cation. When an application is signed by an agent 
claiming to represent a majority of such employees, the 
board shall satisfy itself that such agent is duly authorized 
in writing to represent such employees, but the names of 
the employees giving such authority shall be kept secret 
by said board. As soon as may be after the receipt of 
said application the secretary of said board shall cause 
public notice to be given of the time and place for the 
hearing thereon ; but public notice need not be given 
when both parties to the controversy join in the applica- 
tion and present therewith a written request that no pub- 
lic notice be given. When such request is made, notice 
shall be given to the parties interested in such manner as 
the board may order, and the board may, at any stage of 
the proceedings, cause pu])lic notice to be given, notwith- 



346 1890. — Chapter 38G. 

arbitrauon'! °^ Standing such requGst. "When notice has been given as 
aforesaid, each of the parties to the controversy, the em- 
ployer on the one side and the employees interested on 
the other side, may in writing nominate, and the board 
may appoint, one person to act in the case as expert 
assistant to the board. The two persons so appointed 
shall be skilled in and conversant with the business or 
trade concerning which the dispute has arisen. It shall 
be their duty, under the direction of the board, to obtain 
and report to the board information concerning the wages 
paid and the methods and grades of work prevailing in 
manufacturing establishments within the Commonwealth 
of a character similar to that in which the matters in dis- 
pute have arisen. Said expert assistants shall be sworn 
to the faithful discharge of their duty ; such oath to be 
administered by any member of the board, and a record 
thereof shall be preserved with the record of the proceed- 
ings in the case. They shall be entitled to receive from 
the treasury of the Commonwealth such compensation as 
shall be allowed and certified by the board, together with 
all necessary travelling expenses. Nothing in this act 
shall be construed to prevent the board from appointing 
such other additional expert assistant or assistants as it 
may deem necessary. Should the petitioner or petition- 
ers fail to perform the promise made in said application, 
the board shall proceed no further thereupon without the 
written consent of the adverse party. The board shall 
have power to summon as witness any operative in the 
departments of business affected and any person who 
keeps the records of wages earned in those departments, 
and to examine them under oath, and to require the pro- 
duction of books containing the record of wages paid. 
Summonses may be signed and oaths administered by any 
member of the board. 

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

Apx>roved June 4, 1890. 



Chap. 



.386 ^N ^^"^ "^O AUTHORIZE THE PRINTING AND DISTRIBUTING OF BAL- 
LOTS FOR TOWN ELECTIONS AT THE PUBLIC EXPENSE. 

Be it enacted^ etc., as follows : 

U)wn"officirs in SECTION 1. lu any towu whlch, at a meeting duly 
towns acceptiQg called for tliG purposc, shall accept the provisions of this 

act, elections of town officers shall thereafter be held as 

herein provided. 



1890. — Chapter 386. 347 

Section 2. When any town accepts the provisions of ][,™hat''offl.'"' 
this act it shall at the same nicetino; determine what ofE- ^^I^^^JIJ'^,^'';^^^ 
cers, if any, not required by law to be chosen by ballot tobeciiosen 

1 11 1 1 1 ii 1 1 i i? 1 ii-* by ballot shall 

shall be so chosen, also the number and terms ot sucli oiii- be so chosen. 
cers ; and for this purpose may accei)t any existing act 
providing a system or manner of electing any town offi- 
cers. All such matters shall be notified in the warrant for 
such meeting. No change shall be thereafter made in the 
officers to be chosen by ballot or in the number or terms 
thereof except at a meeting held at least thirty days before 
any annual town election. 

Section 3. All warrants for town-meetings for the Timeofopen- 

• 1 -I T Tj T It mg and closing 

election ot officers as herem provided shall specity the poiistobe 
time of opening the polls and the time when the same warrant ;\°o 
may be closed; "but the polls shall be kept open at least fouTuom-s."'''' 
four hours. 

Section 4. Nominations of candidates may be made ^""'^g^^adl by 
by caucus, or by nomination papers signed in the aggre- caucus or by 

f 1 T 1 1 Tr. 1 J £• 1 i nomination 

gate for each candidate by qualmed voters ot such town papers, etc. 
not less in number than one for every fifty voters wdio 
were registered for the last preceding state election in 
such town ; but the voters so signing shall in no case be 
less than twenty in number. Each voter signing a nom- 
ination paper shall add to his signature his place of resi- 
dence with the street and number thereof, if any ; and each 
voter may subscribe to as many nominations for each office 
as there are persons to be elected thereto, and no more. 
Women qualified to vote for members of the school com- ^gnTolnTaUou 
mittee may sign nomination papers for candidates for the l^^^li^oL- 
school committee. mittee. 

Section d. All certificates of caucus nominations shall ?,^,!'):!f„''^lfn,i°l. 



caucus nomma- 



be signed by the presiding officer and secretary of the g|°°ej°i)%re- 
caucus. Such certificates and nomination papers shall, sidiug officer 
besides containing the names of candidates, specify as to 
each candidate the office for which he is nominated, and 
his place of residence, with street and number thereon, if 
any, and may include a designation of such candidacy, 
expressed in not more than three words. 

Section 6. Certificates of nomination shall be filed nomination and 
with the town clerk at least eight days previous to the pg^'fo^^^'g ^l^ed 
day of the election, and nomination papers shall be so filed with the town 
at least six days previous to the day of election. The cer- 
tificates of nomination and nomination papers being so 
filed, and being in apparent conformity with the pro- 



348 



1890. — Chapter 386. 



Ballots to be 
prepared by the 
town clerk. 



Names of can- 
didates for each 
oflice to be in 
alphabetical 
order. 



Special ballots 
for school com- 
mittee. 



visions of this act, shall be deemed to be valid unless 
objection thereto is duly made in writing. Such objec- 
tions or questions arising in the case of nominations shall 
be considered by the board of registrars of voters, and the 
decision of a majority of the board shall be final. In case 
such objection is made, notice shall forthwith be delivered 
to the candidates affected thereby. All certificates of 
nomination and nomination papers when filed shall bfe open 
under proper regulations to public inspection, and the 
town clerk shall preserve the same in his office not less 
than one year. 

S