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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^ubHc^ 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,such  child  has^attandad  for  a  likfi^iei'iod 
of  timeja  private  da.y  school  lipproved  l)y  theschool-com- 
mittee  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. 

Section  7.  All  ballots  for  use  in  such  elections  shall 
be  prepared  by  the  town  clerk.  Every  general  ballot,  or 
ballot  intended  for  the  use  of  all  male  voters,  which  shall 
be  printed  in  accordance  with  the  provisions  of  this  act, 
shall  contain  the  names  of  all  candidates  whose  nomina- 
tions for  any  offices  specified  in  the  ballot  have  been  duly 
made,  and  shall  contain  no  other  names.  The  names  of 
candidates  for  each  office  shall  be  arranged  under  the 
designation  of  the  office  in  al})habetical  order  according  to 
surnames.  There  shall  be  left  at  the  end  of  the  list  of 
candidates  for  each  difierent  office  as  many  blank  spaces 
as  there  are  persons  to  be  elected  to  such  office,  in  which 
the  voter  may  insert  the  name  of  any  person  not  printed 
on  the  ballot  for  whom  he  desires  to  vote  as  candidate  for 
such  office.  Whenever  any  question  is  submitted  to  the 
vote  of  the  people  of  a  town,  in  accordance  with  a  statute 
providing  for  such  submission,  such  question  shall  be 
printed  upon  the  ballot  after  the  list  of  candidates.  Spe- 
cial ballots  containing  only  the  names  of  candidates  for  the 
school  committee  shall  also  be  prepared  in  like  manner 
and  printed  for  the  use  of  women  qualified  according  to 
law  to  vote  for  meml:)ers  of  the  school  committee.  The 
ballots  shall  be  so  printed  as  to  give  to  each  voter  a  clear 
opportunity  to  designate,  by  a  cross  mark  [  X  ]  in  a  square 
at  the  right  of  the  name  and  designation  of  each  candi- 
date, his  choice  of  candidates  and  his  answer  to  the  ques- 
tions submitted  ;  and  on  the  ballot  may  be  printed  such 
words  as  will  aid  the  voter  to  do  this,  as,  "  vote  for  one  ", 
"vote  for  three",  "yes",  "no",  and  the  like.  Before 
distribution  the  ballots  shall  be  so  folded  in  marked 
creases  as  to  measure  when  folded  not  less  than  four  and 
one-half  nor  more  than  five  inches  in  width  and  not  less 
than  six  nor  more  than  thirteen  and  one-half  inches  in 


1890.  —  Chapter  386.  349 

length.      On  the  back  ;uul  outside,  when  folded,  shall  be 

printed,  "  Official  Ballot  for  the  Town  of ",  and  the 

date  of  the  election,  and  the  signature  or  fac-.siniile  of  the 
signature  of  the  town  clerk.  The  special  ballots  printed 
for  the  use  of  women  qualitied  to  vote  for  school  committee 
shall  contain  the  additional  endorsement  that  they  are  for 
such  use  only,  and  shall  be  on  tinted  paper  but  of  a  diff- 
erent tint  from  that  of  specimen  ballots. 

Section^  8.     All  ballots  when  i)rinted  shall  be  folded  R^.i'otswhen 

1  •>/■  -IT  t      I'  1  '  printed  to  be 

as  herembeiore  iirovided   and   fastened  toijether  in   con- fouied,  etc.,  ^o 

.  T  .  I  ,1  i^i        1  •  1     th-'t  each  ballot 

venient  numbers   in   packages,   books   or  blocks,  in  such  may  be  de- 
manner  that  each  ballot   may  be   detached  and   removed  ratef//''''''" 
separately.     A  record   of  the   number  of  ballots   printed 
and  furnished  shall  be  kept   and   preserved   by  the   town 
clerk. 

Section  9.     There  shall  be  provided  in   each  town  a  Number  of  bai. 
set  of  such  general  ballots,  of  not  less  than  seventy-tive  °*'"^i""''^ 
for  every  iit'ty  and   fraction  of  lifty  registered  male  voters 
therein  ;  and  likewise  a  set  of  such  special  ballots,  of  not 
less  than  seventy-five  lor  every  fifty  and  fraction  of  fifty 
women  qualified  to  vote  for  school  committee  therein. 

Section  10.     The  town  clerk  shall  provide  full  instruc-  Towncierkto 
tions  for  the  guidance  of  voters  at  such   elections,  as  to  st'ruc-tions'for" 
obtaining  ballots,  as  to  the  manner  of  marking  them,  and  ^''^^'■^• 
the  method  of  obtaining  assistance,  and  as  to  obtaining  new 
ballots  in  place  of  those  accidentally  spoiled  ;  and  shall 
cause  the  same,  together  with  copies  of  sections  twenty- 
seven,   twenty-eight,   twenty-nine  and  thirty   of  chapter 
four  hundred  and  thirteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  and  any  amendments  thereof,  to 
be  printed  in  large,  clear  type,  on  separate  cards,  to  be 
called  cards  of  instructions.     He  shall  also  cause  to   be  Specimen 
printed  on  tinted  paper,  and  without  the  endorsements, 
ten  or  more  copies  of  the  form  of  the  ballot  provided  for 
such  election,  which  shall  be  called  specimen  ballots,  and 
shall  be  furnished  with  the  other  ballots  provided  there- 
for. 

Section  11.     At  least  four  days  prior  to  the  day  of  JitL^to'^be'^'' 
the  election,  the  town  clerk  shall  cause  to  be  conspicuously  posted  four 

1.  1T1  •  TT  •         days  before 

posted  in  one  or  more  public  places  a  printed  hst  contain-  election. 
ing  the  names  and  residences  of  all  candidates  to  be  voted 
for  in  such  town,  and  any  designation    as    provided    in 
section  five,  substantially  in  the  form  of  the  general  ballot 
to  be  so  used  therein. 


350  1890.  — Chapter  387. 

Wacked'in*^        Section  12.     The  ballots,  together  With  the  specimen 
sealed  packages,  ballots  and  cai'ds  of  instructions  printed  by  the  town  clerk 
as    herein  provided,  shall    be   packed   by  him  in   sealed 
packages,  with  marks  on  the  outside  designating  the  num- 
ber of  ballots  of  each  kind  enclosed. 
be  appoimed.  ^°      Section  13.     Bcfore  the  opening  of  the  polls  the  select- 
men   shall    appoint   two    ballot    clerks,    and    in    case    of 
vacancies  after  the  opening  of  the  polls   the   moderator 
shall  fiU  the  same.     The  ballot  clerks  shall  have  charge  of 
the  ballots  and  shall  furnish  them  to  the  voters  in    the 
manner  hereinafter  provided. 
nv"edt'obauot      Section  14.     The  town  clerk  shall,  before  the  opening 
clerks.  of  the  polls  ou  the  day  of  election,  deliver  the  ballots  to 

the  ballot  clerks,  who  shall  receipt  therefor,  which  receipt 
shall  be  kept  in  the  clerk's  office.  Before  the  opening 
of  the  polls  the  town  clerk  shall  cause  the  cards  of  instruc- 
tions to  be  posted  at  or  in  each  voting  shelf  or  compart- 
ment provided  for  the  marking  of  the  ballots,  and  not  less 
than  three  such  cards  and  not  less  than  five  specimen 
ballots  to  be  posted  in  or  about  the  polling  room,  outside 
the  guard  rails.  No  ballots  prepared  under  this  act  shall 
be  delivered  to  voters  until  a  moderator  has  been  chosen 
in  the  manner  now  provided  by  law.  A  duplicate  list  of 
the  qualified  voters  shall  be  prepared  for  the  use  of  ballot 
clerks,  and  all  the  provisions  of  law  relative  to  the  prep- 
aration, furnishing,  use  and  preservation  of  check-lists 
shall  apply  to  such  duplicate  lists. 
^ijourned°upon  SECTION  15.  Exccpt  as  herein  provided,  the  election 
failure  to  elect,  shall  be  conductcd  as  now  provided  by  law.  In  case  of 
failure  to  elect  any  officers  to  be  chosen  as  herein  pro- 
vided, the  meeting  shall  be  adjourned  to  a  day  certain, 
when  such  officers  shall  be  chosen  as  herein  provided. 
f8S9?4i3"§§°^  Section  16.     Sections  twenty-one,  twenty-two,  twenty- 

21-30.    '  three,  twenty-four,  twentj'-five,  twenty-six,  twenty-seven, 

to  elections        twcnty-cight,  twcuty-nine  and  thirty  of  chapter  four  hun- 
18  act.    ^\^.Q^\  g^^^j  thirteen  of  the  acts  of  the  year  eighteen  hundred 
and    eighty-nine,  and  any  amendments  thereof,  shall  be 
applicable  to  town  elections  held  under  this  act. 

Aj)provecl  June  4,  1890. 

ChCip.SSl   ^^  ^^^  RELATING  TO  COMPOSITION  WITH  CREDITORS  IN  INSOLVENCY. 

Be  it  enacted,  etc.,  as  follows: 

1884^23^1^9.'°        Section  1.     Section  nine  of  chapter  two  hundred  and 
thirty-six  of  the  acts  of  the  year  eighteen  hundred  and 


1890.  —  Chapters  388,  389.  351 


itors 


eighty-four  is  hereby  amended  by  adding  thereto  the  wuh^c°rldit'oi 
following:  —  If  there  are  unsecured  claims  included  in  iniusoivency 
the  debtor's  schedule  of  creditors  which  have  not  been 
proved  at  the  time  of  the  deposit,  the  deposit  shall  inchide 
a  dividend,  at  the  rate  proposed,  on  all  such  unproved 
claims  computed  on  the  amount  set  forth  in  the  schedule  ; 
and  after  the  expiration  of  five  months  and  within  six 
months  from  the  time  of  the  tirst  hearins:  on  the  debtor's 
proposal  for  composition,  the  court  shall  order  a  hearing 
for  the  proof  of  such  un[)roved  chiims,  of  which  notice 
shall  be  given  to  the  same  persons  and  in  the  same  manner 
as  of  the  previous  hearings  ;  and  upon  proof  and  allowance 
thereof  at  such  hearing,  the  court  shall  order  dividends  to 
be  paid  on  all  debts  so  proved  at  the  rate  allowed  on  debts 
formerly  proved,  and  the  money  deposited  on  claims  then 
remaining  unproved  shall  then  be  refunded  to  the  debtor 
or  person  depositing  the  same. 

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

Approved  June  4,  1890. 

An  Act  concerning  the  contingent  expenses  of  civil  actions  njiffy.  ^ftS 

IN   COMMONWEALTH   CASES.  ^ 

Be  it  enacted.,  etc.,  as  follows : 

Section  1.     Section  ten  of  chapter  seventeen   of  the  Amendment  to 
Public  Statutes  is  hereby  amended    by  striking  out  the  ^'   ^^'^'^^■ 
word  "three",  in  the  third  line  thereof,  and  substituting 
the  word  :  —  eight,  —  so  that  said  section  shall  read   as 
follows: — Section    10.     On    the    representation    of   the  Expenses  in 

,.  1      ,1  -ji         1  1     •  1  certain  civil 

attorney-general,  the  governor  with  the  advice  and  con-  actions. 
sent  of  the  council  may  draw  his  warrant  on  the  treasury 
to  an  amount  not  exceedino^  eight  hundred  dollars  in  one 
year,  for  the  contingent  expenses  of  civil  actions  in  which 
the  Commonwealth  is  a  party  or  has  an  interest,  and  for 
such  sum  the  attorney-general  shall  annually  in  October 
account  to  the  governor  and  council,  and  ^all  state  in  his 
annual  report  to  the  general  court  the  amount  so  expended. 
Section  2.     This  act  shall  take  etiect  upon  its  passage. 

Ajjproved  June  5,  1890. 

An  Act  to  amend  an  act  to  authorize  the  city  of  glouces-  fi'hfj^  ^ftQ 

TER   TO   CONSTRUCT   AND   MAINTAIN  A  SYSTEM    OF   SEWERAGE   AND  "' 

SEWAGE   DISPOSAL. 

Be  it  enacted,  etc.,  asfolloios: 

Section  ten  of  chapter  two  hundred  and  twenty-six  of  ^^o*°22?Tio^ 
the  acts  of  the  year  eighteen  hundred  and  ninety  is  hereby 


352  1890.  —  Chapters  390,  391. 

fc^Mpunce by  iiniended  SO  as  to  read  as  follows: — Section  10.  This 
"^"j'jo^ty  act  shall  be  submitted  to  the  qualified  voters  of  the  city  of 
Gloucester  for  its  acceptance,  and  shall  be  void  unless  a 
majority  of  such  voters,  yn-esent  and  voting  in  their  res[)ec- 
tive  wards  at  the  annual  city  election  to  be  held  in  the 
month  of  December  in  the  year  eighteen  hundred  and 
ninety,  shall  determine  by  a  majority  of  ballots  to  adopt 
the  same.  Approved  June  5,  1S90. 

ChClV.SQO  ^^  ^^^  PROVIDING  FOR  THE  BETTER  MAINTENANCE  AND  ENFORCE- 
MENT OF  THE  FISH  AND  GAME  LAWS  AND  THE  DISTRIBUTION  OF 
FISH. 

Be  it  enacted,  etc.,  as  foUoivs : 

i^om™oner8        Section  1.     Thcrc  shall  be  allowed  and  paid  out  of  the 
ofiuiaiid  fish-     treasury  of  the  Commonwealth  a  sum  not  exceedino;  four- 

enes  and  game.  ,''  i    /^         i  i        i     t     n  i  i      i  i 

teen  thousand  five  hundred  doUars,  to  be  expended  under 
the  direction  of  the  commissioners  of  inland  fisheries  and 
game,  for  the  following  purj)Oses,  to  wit: — for  the  pur- 
chase of  a  steamer  for  the  use  of  said  commissioners,  a 
sum  not  exceeding  twelve  thousand  dollars  ;  for  the  further 
propagation  and  distrilnition  of  trout,  salmon  and  shad, 
and  the  establishing  and  maintenance  of  hatching  houses 
in  such  places  in  the  Commonwealth  as  may  be  deemed 
necessary,  a  sum  not  exceeding  one  thousand  dollars  ;  and 
for  compensation  of  such  deputies  as  may  be  appointed  by 
said  commissioners,  a  sum  not  exceeding  fifteen  hundred 
dollars. 
comraiseioners       Sectiox  2.     Said  commissiouers  are  hereby  authorized 

may  sell  i     i  i         /---i 

or  exchange       to  scll  or  exchangc  the  steamer  now  owned  by  the  Coin- 
seamei.  monwcalth,  and  used  by  them,  and  to  apply  the  same  or 

the  proceeds  thereof  to  the  purchase  of  a  steamer  as  herein 

provided. 
Moieties  of  SECTION    3.     All  moictics  of  fiucs  aud  forfeitures  from 

fines,  etc.,  to  be  ,  .  i   •    i  j       j  i         t  j  •  •     j      i 

paid  into  prosecutions,  which  may  accrue  to  the  deputies  appointed 

slate  treasury.    |^^^  ^^^jj  commisSiouei's,  shall  bc  paid  into  the  treasury  of 
the  Commonwealth. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5, 1890. 


Chap.^dl 


An  Act  concerning  the  larceny  or  destruction  of  wills  or 

OTHER   testamentary   INSTRUMENTS. 

Be  it  enacted,  etc. ,  as  foUotvs  : 
Penalty  for  Scctiou  twcnty-oue  of  chapter  two  hundred  and  three 

luutil^tiu^i  etc. I  •/  1 

a  will.  of  the  Public  Statutes  is  hereby  amended  by  adding  after 


1890.  — Chapters  392,  393.  353 

the  word  "destroys",  in  the  first  line,  the  word: — mu- 
tilates,—  so  that  the  section  as  amended  shall  read  as 
follows:  —  Sech'on  21.  Whoever  steals,  or  for  any 
fraudulent  })urpose  destroys,  mutilates  or  conceals  a  will, 
codicil,  or  other  testamentary  instrument,  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  not  exceeding 
five  years,  or  in  the  house  of  correction  not  exceeding  two 
years.  Approved  June  5,  1890. 


Chap.m'l 


An   Act   concerning    the    removal   and    mutilation  of  the 

records  of  the  commonwealth. 
Be  it  enacted^  etc.,  as  follows: 

Section  sixteen  of  chapter  thirty-seven  of  the    Public  Amendraent  to 
Statutes  is  hereby  amended  by  adding  after  the  words    "   '    ' 
"files  of",  in  the  sixth  line,  the  words:  —  the  Common- 
wealth or,  —  so  that  as  amended  the  section  shall  read  as 
follows:  —  Section  16.     Every  county,  city,  and  town.  Penalty  for 
for  each  month  it  neglects  or  refuses  to  perform  any  duty  [he'records  of^' 
required    by  this  chapter,  iihall    forfeit    twenty  dollars ;  '^^''^fi^^™^,"- 
every  register  or  clerk  who  neglects  or  refuses  to  perform 
any  such  duty  shall  forfeit  for  each  offence  ten  dollars  ; 
every  person  who  takes  and  carries  away  any  book   of 
record,    paper,   or    written    document    belonging   to    the 
records   or  files    of  the  Commonwealth,  or  any  county, 
city,  or  town,  except  as  is  provided  in  section  twelve,  or 
who  defaces,  alters,  or  nuitilates,  by  mark,  erasure,  cut- 
ting, or  otherwise,  any   such   record,    paper,  or  written 
document,  shall  forfeit  a  sum  not  exceeding  fifty  dollars  ; 
and  every  person  who,  after  demand  made  by  the  clerk 
entitled  by  law  to  have  possession  of  books  of  record  and 
other  documents  mentioned  in  the  two  preceding  sections, 
wrongtully  detains  the  same,  shall  forfeit  fifty  dollars. 

Approved  June  5,  1890. 

An  Act  relating  to  evidence  in  prosecutions  for  offences  rci.f^rf^  'XOft 

AGAINST   THE   ELECTION    LAWS.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section   I.     In  all  criminal  prosecutions  for  the  viola-  Caucus,  etc.,  to 

,.  ,.  ,  1    ,•  1       ,•  •/.  ii        be  deemed 

tu)n  of  any  law  relatmg  to  caucuses  or  elections,  it  the  regular,  in 
defendant  relies  upon  the  invalidity,  irregularity  or  infor-  cudons^.' ''^°*^" 
mality  of  any  caucus  or  election,  or  upon  the   failure  or 
neglect  of  any  officer  or  person  to  do  or  perform  any  act 
or  thing  whatsoever  in  relation  to  any  caucus  or  election, 
or  matters  or  things   pertaining   thereto,  he   shall   prove 


354 


1890.  —  Chapter  394. 


Registration, 
etc.,  to  be 
deerued  valid 
and  regular,  in 
criminal  prose- 
cution. 


such  invalidity,  irregularity,  informality,  failure  or  neglect ; 
and  until  such  proof  by  such  defendant,  the  presumption 
shall  be  that  such  caucus  or  election  was  valid  and  regular, 
and  that  such  officer  or  person  acted  as  prescribed  by  law  ; 
and  the  testimony  of  the  clerk  of  the  city  or  town  wherein 
it  is  alleged  that  such  election  was  held,  or  of  the  [)resid- 
ing  officer  or  clerk  of  such  caucus  that  such  election  or 
caucus  was  actually  held,  shall  be  prima  facie  evidence 
that  the  same  was  regularly  and  duly  held.  But  nothing 
in  this  section  shall  preclude  proof  of  the  validity  or 
regularity  of  such  caucuses  or  elections  in  any  other  legal 
manner. 

Section  2.  In  any  criminal  prosecution  for  violation 
of  any  law  in  reference  to  the  registration,  qualification  or 
assessment  of  voters,  or  in  reference  to  check-lists  or 
ballots,  if  the  defendant  relies  upon  the  invalidity,  infor- 
mant}' or  irregularity  of  such  registration,  qualification  or 
assessment,  or  of  such  check-lists  or  ballots,  or  matters 
or  things  pertaining  thereto,  he  shall  prove  such  invalidity, 
irregularity  or  informality  ;  and  until  such  proof  by  such 
defendant,  the  presumption  shall  be  that  such  registration, 
qualification  or  assessment,  or  check-lists  or  ballots,  are 
valid  and  regular  and  in  accordance  with  hnv.  But  nothing 
in  this  section  shall  preclude  proof  of  the  validity,  regu- 
larity or  formality  of  such  registration,  qualification  or 
assessment  of  voters,  or  of  such  check-lists  or  ballots,  or 
matters  or  things  pertaining  thereto,  in  any  other  legal 
manner.  Ajjjjroved  June  6,  1890. 


Chdp.SO^  An  Act  to  authorize  savings  banks  and  institdtions  for  sav- 
ings TO  INVEST  IN  THE  FIRST  MORTGAGE  BONDS  OF  THE  MAINE 
CENTRAL   RAILROAD   COMPANY. 

Be  it  enacted  y  etc.,  as  follows: 

Section  1 .  Savings  banks  and  institutions  for  savings 
may  invest  in  the  first  mortgage  bonds  of  the  Maine  Cen- 
tral Railroad  Company,  notwithstanding  the  existence  of  a 
mortgage  indebtedness  not  matured  upon  the  whole  or  a 
part  of  the  road  of  said  railroad  company  '.provided,  how- 
ever, that  said  bonds  be  issued  in  whole  or  in  part  to  renew 
and  refund  said  existing  first  morts-ajje  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  mortira2:e  securing  the  same,  be  made 
applicable  exclusively  to  the  payment   of  such    existing 


Savings  banks, 
etc.,  may  invest 
in  bonds  of  tiie 
Maine  Central 
Railroad 
Company. 

Proviso. 


1890.  —  Chapters  395,  396.  355 

mortgage  indebtedness  ;  and  for  the  purpose  of  securing 
such  payment  at  the  maturity  of  the  same,  said  bonds 
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 
by  the  commissioners  of  savings  banks. 

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

Apx>rov€d  June  7,  1890. 

Ax  Act  to  amend  an  act  to  provide  for  licensing  persons  to  (7/^^77.395 

KEEP     MORE     THAN     FOUR     HORSES     IN     CERTAIN     BUILDINGS     OR 
PLACES. 

Be  it  enacted^  etc.,  as  follows : 

Chapter  two  hundred  and  thirty  of  the  acts  of  the  year  Amendment  to 
eighteen  hundred  and  ninety  is  hereby  amended  by  strik-  isgo.'aso.  ' 
ing  out  in  the  third  and  fourth  lines  of  said  chapter  the 
words  "the  police  commissioners  of  Boston",  and  by 
inserting  in  the  eleventh  line  of  said  chapter  after  the 
words  "  supreme  judicial  court"  the  w^ords  :  — or  superior 
court,  —  so  that  the  same  as  amended  shall  read  as  foUow's  : 
—  Section  thirty-nine  of  chapter  one  hundred  and  two  of 
the  Public  Statutes  is  hereby  amended  so  that  the  same 
shall  read    as    follows:  —  Section  39.     The    mayor   and  stabiestokeep 

,  .  Ill  c  more  tliau  four 

aldermen  ot  any  city  except  Boston,  and  the  selectmen  ot  horses  may  be 
any  town,  may  license  suitable  persons  to  keep  more  than 
four  horses  in  certain  specified  buildings  or  places  within 
their  respective  cities  and  towns,  and  may  revoke  such 
license  at  pleasure.  Whoever,  not  being  licensed  as  afore- 
said, occupies  or  uses  any  building  or  place  for  a  stable 
for  more  than  four  horses,  shall  forfeit  a  sum  not  exceed- 
ing fifty  dollars  for  every  month  he  so  occupies  or  uses 
such  building  or  place,  and  in  like  proportion  for  a  longer 
or  shorter  time.  And  the  supreme  judicial  court,  or  supe- 
rior court,  or  a  justice  thereof,  in  term  time  or  vacation, 
may  issue  an  injunction  to  prevent  such  occupancy  or  use 
without  such  license.  Approved  June  7,  1890. 


CImp.39Q 


An  Act  to  amend  an  act  authorizing  the  stockbridge  avater 
company  to  furnish  additional  water  supply. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  provisions  of  chapter  four  hundred  Provisions  of 
and  thirty  ot  the  acts  ot  the  year  eighteen  hundred  and  extended. 
eighty-nine  are   hereby   extended  for  the  period  of  one 


356  1890.  — Chapters  397,  398,  399. 

year  from  and  after  the  seventh  day  of  June  in  the  year 
eighteen  hundred  and  ninety. 

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

Approved  June  7,  1890. 

Chctp.SQl  An  Act  to  change  the   name  of  the  w.  c.  stevenson  manu- 
facturing COMPANY. 

Be  it  enacted,  etc.,  asfolloios: 
Name  changed.       SECTION  1.     The  name  of  the  W.  C.  Stevenson  Manu- 
facturing Company,  incorporated  under  the  general  laws 
of  this  Commonwealth,  is  hereby  changed  to  the  Steven- 
son Manufacturing  Company. 

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

App)roved  June  7,  1890. 

ChCtp.39S  ^^   A^^   RELATIVE   TO    THE   RECOVERV   OF   INTEREST. 

Be  it  enacted,  etc.,  as  follows: 

Sterest^  °'  Interest,  whether  arising  as  damages  for  the  detention 

of  money  or  otherwise,  may  be  declared  on,  in  addition 
to  the  forms  of  pleading  now  authorized  by  law,  by  in- 
cluding in  any  count  which  is  followed  by  an  account 
annexed,  or  bill  of  particulars,  the  words  "and  interest", 
and  setting  forth  as  an  item  in  the  account  annexed  or 
bill  of  particulars  the  times  and  amounts  for  and  upon 
which  interest  is  claimed,  and  the  amount  of  interest  so 
claimed.  Approved  June  11,  1890. 

Ch(ip,3Q0  An  Act  to  authorize  the  pittsfield  street  railway  company 

TO  SELL  ITS  property  AND  FRANCHISE. 

Be  it  enacted,  etc.,  as  follows: 
May  sell  SECTION  1.     The  Pittsficld  Street  Railway  Company  is 

property  and  i-i  iii  •  i 

franchise.  hereby  authorized    to  sell  and   convey  its  property  and 

franchise,  and  all  the  rights,  easements,  privileges  and 
powers  granted  to  and  owned  by  it :  provided,  however, 
that  such  sale  shall  not  be  valid  unless  agreed  to  by  the 
board  of  directors  of  said  Pittsfield  Street  Railway  Com- 
pany, and  approved  by  the  majority  of  the  votes,  at  a 
meeting  of  the  stockholders  of  said  company  called  for 
that  purpose. 
^^e^a'tod  by  SECTION  2.     The  Said  street  railway  may  be  operated 

lorporation        bv  auv  corporatioH  organized  under  the  laws  of  this  Com- 

jbtaiQiug  title.        J  J  tr  o 


Proviso. 


1890.  — Chapteks  400,  401.  357 

monwealth,  relating  to  street  railways,  which  shall  obtain 
title  to  said  street  railway  company  ;  and  such  corpora- 
tion shall,  after  obtaining  said  title,  have  and  enjoy  all 
the  rights,  powers,  privileges,  easements,  franchise  and 
property,  and  be  subject  to  all  the  duties,  liabilities,  obli- 
gations and  restrictions  to  which  said  Pittsfield  Street 
Railway  Company  may  be  subject. 

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

Approved  June  11,  1890. 


ChapAOO 


An   Act   relating  to  assessments  for  disability  and  death 
funds  by  fraternal  beneficiary  organizations. 

Be  it  enacted,  etc.,  as  follows  : 

Section    1.     Any   fraternal    beneficiary    organization  May  provide 
incorporated    under   chapter    four   hundred   and   twenty-  anVdlatTfilnds 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty-  ^enT'' *''"''" 
eight,  or  existing  under  the  laws  of  this  Commonwealth 
and   transacting  business  as  defined  in  said  chapter  and 
amendments  thereto,  may  provide  in  the  same  assessment 
for  its  disability  and  death  funds  :  provided,  that  the  pro-  proviso. 
portion  of  the  assessment  to  be  used  for  either  purpose 
shall  be  distinctly  stated,  as  well  as  the  amount  received 
for  each  fund  held  and  used  in  the  manner  provided  there- 
for by  law. 

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

Approved  June  11,  1890. 

An   Act  to  provide  for  the  calling  of  meetings  for  elec-  (7^^r>.401 

TIONS   IN   the   city   OF   BOSTON. 

Beit  enacted,  etc.,  as  folloios  : 

Section  1.     No  warrant  shall  issue  for  calling  meet-  Meetings  for 

,  ,  1  ^^,  .,  c    rt       ^  -ii        elections  in  the 

ings  \\\  the  several  wards  ot  the  city  ot  Boston,  or  in  tne  city  of  Boston. 
precincts  thereof,  or  any  of  them,  for  elections  or  other 
purposes  ;  but  the  city  clerk  of  said  city  shall,  seven  days 
at  least  before  the  day  fixed  for  any  meeting,  advertise  in 
at  least  four  daily  newspapers  published  in  said  city,  a 
notice  of  the  time  and  place  of  such  meeting,  the  hours 
for  opening  and  closing  the  polls,  the  officers  to  be  chosen, 
and  the  question  or  questions  to  be  voted  upon,  any 
provision  of  the  charter  of  said  city  or  of  any  special  or 
general  law  to  the  contrary  notwithstanding. 

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

Ap)proved  June  11,  1890. 


358  1890.  — Chapters  402,  403,  404. 


Chcip.4i0'2    ^^  Act  in  relation  to  the  return  and  record  of  deaths. 

Be  it  enacted,  etc.,  asfoHoius  : 

p."s!"32?§  i! '°        Section  1.     The  last  clause  of  section  one  of  chapter 

1887,202,  §5.     thirty-two  of  the  Public  Statutes,  as  amended  by  section 

five  of  chapter  two  hundred  and  two  of  the  acts  of  the 

year  eighteen  hundred  and  eighty-seven,  is  hereby  further 

Return  and        amended  so  that  said  clause  shall  read  as  follows:  —  In 

deaths.  the  record  of  deaths,  the   date  of  the  death,  the  name  of 

the  deceased,  the  sex,  the  color,  the  condition,  (whether 

single,  widoAved  or  married,)  the  age,  the  residence,  the 

occupation,   the  place   of  death,  the   place  of  birth,    the 

names  and  places  of  birth  of  parents,  the  disease  or  cause 

of  death,  the  place  of  burial,  if  the  deceased  was  a  married 

woman  her  maiden  name  and  the  name  of  her  husband,  and 

the  maiden  name  of  the  mother  of  any  deceased  person, 

and  the  date  of  the  record.  i 

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

Approved  June  11,  IS 90. 


ChapAOS 


An  Act  for  the  better  protection  of  land  owners. 
Be  it  enacted,  etc.,  as  folloivs : 

Penalty  for  Section  1.     Whocvcr,  without  right,  cutcrs  upon  the 

rem;iiningon  land  of  auothcr  with  fire-arms  and  with  intent  to  fire  or 
wuh  ftrearm"  discharge  the  same  thereon,  and  who,  after  being  requested 
^'^°"  by  the  owner  or  occupant  of  said  land,  or  by  the  author- 

ized agent  of  such  owner  or  occupant,  to  leave  said  land, 
continues  to  remain  thereon,  shall  be  punished  by  fine  not 
exceeding  two  hundred  dollars  or  by  imprisonment  not 
exceeding  two  months,  or  by  both  such  fine  and  imprison- 
ment. 
defoci'ng^uotice,  SECTION  2.  Whocvcr  shall  wilfully  tear  dowu,  rcmove 
«'<'•  or  deface  any  notice  posted  on  land  by  the  owners,  lessee 

or  legal  custodian  thereof,  warning  persons  not  to  trespass 
on  the  same,  shall  be  punished  by  fine  not  exceeding 
twenty- five  dollars.  Approved  Jane  11,  1890. 

ChapA04:   ^^   A^^   relating   to  the  REGULATION  AND  SUPERVISION  OF  WIRES 
OVER   STREETS   OR   BUILDINGS   IN   CITIES. 

Be  it  enacted,  etc.,  as  follows: 

fo*^ifc"e'rning*  SECTION   1.     Evcry  persou   or  corporation,  private  or 

wires  over         muuicipal,  owniiig  or  operating  a  line  of  wires  over  streets 


1890.  —  Chapter  lOL  359 

or  Iniildinfrs  in  a  city,  siiall  use  only  wires  that  are  suitable  ftreeuand 

t  1      11  •  1         /'I  II  buildings  in 

and  strong  ;  shall  suitably  and  sarcly  attach  them  to  strong  ciuea. 
and  sufficient  supports,  and  insulate  them  at  all  points  ot" 
attachment ;  shall  remove  all  wires  abandoned  for  use  ; 
shall  suitably  insulate  every  wire  where  it  enters  a  build- 
ing, and,  if  such  wire  is  other  than  a  wire  designed  to 
carry  an  electric  light  or  power  current,  shall  attach  to  it 
at  suital)le  and  convenient  points  in  the  circuit,  calculating 
to  prevent  danger  from  tire  and  near  the  place  of  entering 
the  building,  an  appliance  calculated  to  prevent  at  all  times 
a  current  of  electricity  of  such  intensity  or  volume  as  to 
be  capable  of  injuring  electrical  instruments  or  causing 
fire  from  entering  the  building  by  means  of  such  wire, 
beyond  the  point  at  which  such  appliance  is  attached,  and 
shall  suitably  insulate  every  wire  within  a  building  when 
such  wire  is  designed  to  carry  an  electric  light  current. 

Section  2.  Every  such  person  and  corporation  shall.  Names  of  own. 
in  the  several  cities,  within  six  months  after  the  appoint-  tached  to  wires . 
ment  of  the  officer  hereinafter  provided  for,  affix  at  the 
points  of  support  at  which  any  such  wire  or  cable  contain- 
ing wires  is  attached,  a  tag  or  mark  distinctly  designating 
the  owner  or  user  of  such  wire  or  cable.  No  such  tag  or 
mark  shall  be  required  for  the  wires  of  a  street  railway 
company  used  for  the  transmission  of  its  motive  power 
nor  for  the  protection  or  support  of  such  wires. 

Section  3.     Every  city  shall,  by  ordinance,  designate  officer  to  be  ap 
or  provide  (or  the  appointment   of  an   officer   who   shall  supervislfwires. 
supervise  every  wire  over  streets  or  buildings  in  such  city, 
and    every    wire    within    a    building   when    such   wire    is 
designed    to   carry   an   electric    light   or  power  current ; 
shall  notify  the  person  or  corporation  owning  or  oi)erating  Togivenotue 
any  such  wire  whenever  its  attachments,  insulation,  sup-  Ttc.TiJ'Tiutafe, 
ports  or  appliances  are  unsuitable  or  unsafe,  or  the   tags  '^''^• 
or  marks  thereof  are  insufficient  or  illegible,  and  shall,  at 
the  expense  of  the  city,  remove  every  wire  abandoned  for 
use,  and  every  wire  which  alter  the  six  months  aforesaid 
shall  be  unprovided  with   a  tag  or  mark,  as   hereinbefore 
required,  such  expense  to  be  repaid  by  the  owner  of  such 
wire  ;  and  shall  see  that  all  laws,  ordinances  and   regu- 
lations relating  to  such  wires  are  strictly  enforced. 

Section  4.     Any  city   may  recover,   in  an  action  of  cHy  may  re- 

•'''•'  .         '  .  cover  expense, 

contract,  of  the  person  or  corporation  owning  any  such  etc. 
wire  as  is  hereinbefore  described,  any  expense  which  it 
may  have  incurred  for  any  removal  thereof. 


360  1890.  — Chapters  405,  406. 


beenforcecna^       Section  5.     Any  couft  having  equity  jurisdiction  or 
equity.  ajjy  justice  thereof,  in  term  time  or  vacation,  may,  on  a 

petition  of  the  officer  designated  or  appointed  as  aforesaid, 
by  any  suitable  process  or  decree  in  equity  enforce  the 
provisions  of  this  act  and  may,  on  such  petition,  issue  an 
injunction  or  other  suitable  process  to  restrain  the  use  or 
maintenance,  or  to  cause  the  removal,  of  any  wire,  post 
or  other  support  erected,  maintained  or  used  in  violation 
of  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  11,  1890. 

ChanAO^  ^^^  -^^"^  '^  addition  to  an  act  to  authorize  the  city  of  boston 
TO  incur  indebtedness  beyond  its  debt  limit  to  erect  and 
furnish  school-houses. 

Be  it  enacted,  etc.,  as  follows: 

fswrss^Ti.**'        Section  I.     Section  one  of  chapter  three  hundred  and 
fifty-five  of  the   acts  of  the  year  eighteen  hundred  and 
ninety    is    hereby    amended    by    striking   out    the    vi^ord 
"June",  in  the  third  line,  and  inserting  in  place  thereof 
the  word:  —  September,  —  so  that  said  section  shall  read 
May  incur  in-     as  follows  :  —  Sectioii  1.      The  city    of  Boston,  for  the 
yond  the  limit     purposc  of  crectiug  and  furnishing  school-houses  in  said 
furnishh)?^ '"'    tjity,    may,    on    or   before    the   first   day   of  September, 
school  houses,    eighteen  hundred  and  ninety,  authorize  the  city  treasurer 
of  said  city  to  issue  from  time  to  time,  as  the  mayor  of 
said  city  may  request,  bonds  or  certificates  of  indebted- 
ness to  an  amount  not  exceeding  five  hundred  and  fifty 
thousand  dollars,  to  bear  interest  payable  semi-annually 
at  such  rate  not  exceeding  four  per  cent,  per  annum  as 
shall  be  fixed  by  said  city. 

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

Approved  June  11,  1890. 

QJiarfAOQ  ^^  ^^^  "^^  provide  for  refunding    certain  taxes  assessed 

against  savings  banks. 

Be  it  enacted,  etc.,  as  follows : 

fe°rta?n"taxl8^  SECTION  1.  Any  savings  bank  which  has  paid  under 
assessed  against  protest  a  tax  ou  its  real  estate  used  for  banking  purposes 
shall  be  reimbursed  therefor  from  the  treasury  of.  the 
Commonwealth  to  the  amount  so  paid,  upon  application 
to  the  auditor  of  the  Commonwealth  ;  who,  on  satisfactory 
proof  that  the  tax  was  paid  under  protest,  shall  certify  the 


1890.  —  CiiAPTEES  407,  408.  301 

account  to  the  governor  and  council  in  the  same  manner 
as  other  claims  against  the  Commonwealth. 

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

Approved  June  11,  1890. 


CkapAOl 


An  Act  to  authorize  the  boston  and  maine  railroad  to 
guauaxty  the  bonds  of  the  st.  johnsbury  and  lake  cham- 
plain  railroad  company. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     The  Boston  and  Maine  Railroad  is  hereby  May  guaranty 

,         .         ,  >  1  1  1-      1  o  T    1         1  ^    ''OudB  of  the  St. 

authorized  to  guaranty  bonds  or  the  St.  Johnsbury  and  Johusburyand 
Lake    Champlain    Railroad  Company,  issued  to  the  said  KaiiroacToom-" 
Boston  and  Maine  Railroad  or  to  the  Boston  and  Lowell  p''"^* 
Railroad  Corporation  in  payment  of  advances  made  and 
hereafter  to    he    made    to  said  St.  Johnsbury  and  Lake 
Champlain    Railroad    Company  by  the   said    Boston    and 
Maine  Railroad  or  the  Boston  and  Lowell  Railroad  Corpo- 
ration, for  the  purpose  of  repairing,  renewing,  reconstruct- 
ing and  improving  the  railroad  of  said  St.  Johnsbury  and 
Lake  Champlain  Railroad  Company,  and  of  providing  it 
with  additional  equipment,  side  tracks,  station  grounds, 
terminal  facilities  and  other  property  necessary  for  the 
proper  operation  and  maintenance  of  its    said   railroad  : 
provided,  hoivever,  that  the  whole  amount  of  bonds    so 
guarantied  shall  not  exceed  the  sum  of  two  million  five 
hundred    thousand    dollars.     The    provisions    of   section  Provisions  of 
seventy-four  of  chapter  one  hundred  and  twelve  of  the  not%pitclbit*. 
Pul>lic  Statutes  shall  not  apply  to  such  guaranty. 

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

Ap)X)roved  June  13,  1890. 


ChapAOS 


An  Act  providing  for   the   final   distribution   of   sums  of 
money  deposited  or  invested  by  order  of  probate  courts. 

Be  it  enacted,  etc.,  as  foHoivs : 

Section  1.     The  judge  of  any  probate  court  may,  upon  Judge  may 
the  application  of  any  person  interested  and  after  such  money  re" 
public  notice  as  said  court  may  deem  proper,  order  all  ^aimTdf"?" 
sums  of  money    or   the    proceeds   thereof  deposited    or  bep"aVd  to""^**" 
invested  by  authority  of  said  court  and  which  shall  have  residuary  lega- 
remained  unclaimed  for  a  period  of  twenty  years  from  the 
date  of  such  deposit  or  investment,  to  be    paid    to   the 
residuary  legatee  of  the  person  to  whose  estate  the  money 
belonged,  if  there  is  such  a  residuary  legatee,  or  if  no 


362  1890.  — Chapter  409. 

such  residuary  legatee  be  then  living,  then  to  the  heirs  of 
such  residuary  legatee  living  at  the  time  of  such  distribu- 
tion ;  and  if  no  such  residuary  legatee  or  any  of  his  heirs  be 
then  living,  or  if  such  deceased  person  died  intestate, 
said  money  and  the  proceeds  thereof  shall  be  disposed  of 
and  distributed  among  the  persons  entitled  thereto  and  in 
the  manner  provided  for  by  the  law  for  the  distribution  of 
personal  estate  of  a  deceased  person  not  lawfully  disposed 
Proviso.  of  by  ^vill :  provided,  hoioever,  that  the  judge  of  probate 

shall  first  require  from  the  person  or  persons  to  which 
such  sums  shall  be  ordered  to  be  paid,  a  suflicient  bond 
of  indemnity  with  two  sufficient  sureties  to  be  approved 
by  him,  with  condition  to  repay  to  the  person  or  persons 
for  whose  benefit  such  deposit  or  investment  was  originally 
made  or  to  the  personal  representatives  of  such  person  or 
persons,  all  sums  paid  over  by  the  order  of  the  judge  of 
probate  under  the  })rovisions  of  this  act. 
dV'bon/s  non°'  SECTION  2.  The  judgc  of  pi'obate  ordering  such  distri- 
maybeap-        butiou  may  apooiut  an  administrator  de  bonis  non  for  the 

pointed.  ,,       '  "^     .  .    .  ,•     1  • 

purpose  ot  carrymg  out  the  provisions  or  this  act. 

Section  3.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  13,  1890. 

OhapAOQ  An    Act    making    appropriations    for    providing    additional 

CELL   ROOM   AT   THE   STATE   PRISON   AT   BOSTON   AND   FOR   CERTAIN 
OTHER   EXPENSES    AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  follows  : 

Appropriations.  SECTION  1.  The  sums  hereinafter  mentioned  are 
appropriated,  to  be  paid  out  of  the  treasury  of  the 
Commonwealth,  from  the  ordinary  revenue,  for  the  pur- 
pose of  providing  additional  cell  room  at  the  state  prison 
in  Boston,  and  for  certain  other  expenses  authorized  by 
law,  to  wit  :  — 

state  prison  at        ]?or  providing  additional  cell  room  at  the  state  prison 

Boston.  •         -r»  T  />  1  1 

in  Boston,  a  sum  not  exceeding  seventy-five  thousand 
dollars,  as  authorized  by  chapter  fifty-five  of  the  resolves 
of  the  present  year. 

fhTsetfs.^'*'*''"  ^^^  printing  an  edition  of  the  atlas  maps  of  Massachu- 
setts as  prepared  and  engraved  by  the  geological  survey, 
a  sum  not  exceeding  three  thousand  dollars,  as  authorized 
by  chapter  fitty  seven  of  the  resolves  of  the  present  year. 

"overuors"^  ^^'  ^'^^^'  ^^^  uecessaiy  expenses  of  the  commissioner  appointed 
by  the  governor  to  invite   contributions   of  portraits  of 


1890.  —  Chapter  409.  363 

ex-governors  of  this  Commonwealth  since  the  organiza- 
tion of  the  government  under  the  constitution  in  seventeen 
hundred  and  eighty,  a  sum  not  exceeding  one  hundred 
dollars,  as  authorized  by  chapter  fifty-eight  of  the  resolves 
of  the  present  year. 

For  a  water  supply,  fire  escapes  and  other  necessary  state  normal 
improvements  at  the  state  normal  school  at  Framingham,  inghmn. 
a  sum  not  exceeding  fourteen  thousand  one  hundred  dol- 
lars, as  authorized  by  chapter  fifty-nine  of  the  resolves  of 
the  present  year. 

For  certain   repairs  at  the   state  industrial  school  for  state  industrial 
girls,  a  sum  not  exceeding  twenty-two  hundred  dollars, 
as  authorized   by   chapter  sixty   of  the    resolves  of  the 
present  year. 

For  the  payment  of   current  expenses   at    the    West-  westbmough 

I  I'l'i  T  '  insane  hoi^pital. 

borough  insane  hospital,  a  sum  not  exceeding  hve  thou- 
sand dollars,  as  authorized  by  chapter  sixty  one  of  the 
resolves  of  the  present  year-. 

For  expenses   of  removing  prisoners  to  and  from  the  Removing  pris- 
state  prison  and  state  farm,  as  provided  for  in  chapter  one 
hundred  and  eighty  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  one  hundred  dollars. 

For  extra  clerical  assistance  in  the  department  of  the  Extra  cierks  for 
secretary  of  the  Commonwealth,  a  sum  not  exceeding  one  ' '^ '^'^'="'''"'> • 
thousand  dollars,  as  authorized  by  chapter  two  hundred 
and  thirty-nine  of  the  acts  of  the  present  year,  being  in 
addition  to  the  twelve  thousand  dollars  appropriated  by 
chapter  two  of  the  acts  of  the  present  year. 

For  the  salary  of  the  insurance  commissioner,  a  sum  insurance  com- 
not  exceeding  hve  hundred  dollars,  as  authorized  by 
chapter  two  hundred  and  fort3'-seven  of  the  acts  of  the 
present  year,  being  in  addition  to  the  three  thousand  dol- 
lars appropriated  by  chapter  two  of  the  acts  of  the  present 
year. 

For  the  final  payment  of  an  amount  due  on  an  estate  Heirs  of  John 
taken  by  the  Commonwealth  from  the  heirs  of  John  man!^ 
Amory  Codman,  the  amount  paid  for  said  estate  being 
agreed  upon  by  the  governor  and  council  and  the  said 
heirs,  and  approved  by  the  attorney -general,  the  sum  of 
eleven  hundred  and  thirty-five  dollars  and  ninety-two 
cents ;  said  estate  having  been  taken  for  the  purpose  of 
state  house  extension  as  provided  for  in  and  authorized 
l)y  chapter  three  hundred  and  forty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight. 


raiSBioner. 


364 


1890.  —  Chapter  410. 


Expenses  of 
committees. 


Charles  A. 
Merrill. 


Removing  pris- 
oners. 


Officers, 
8.  J.  C. 


etc.,  of 


Registration, 
etc.,  of 
criminals. 


Massachusetts 
school  fund. 


For  authorized  expenses  of  committees  of  the  present 
legislature,  including  clerical  assistance  to  committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  three 
thousand  dollars,  being  in  addition  to  the  fifteen  thousand 
dollars  appropriated  by  chapter  one  of  the  acts  of  the 
present  year. 

For  the  compensation  of  Charles  A.  Merrill  who  was 
appointed  by  the  governor  and  council  to  prepare  a  sup- 
plement to  the  Public  Statutes  containing  the  general  laws 
passed  since  the  enactment  of  the  same  down  to  and 
including  the  year  eighteen  hundred  and  eighty-eight,  the 
sum  of  forty-five  hundred  dollars,  and  for  expenses  con- 
tingent upon  such  work,  the  sum  of  seven  hundred  and 
twenty-eight  dollars,  as  ordered  by  the  governor  and 
council  on  the  fourteenth  day  of  May  in  the  year  eighteen 
hundred  and  ninety  and  as  authorized  by  chapter  three 
hundred  and  eighty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-eight.. 

For  the  cost  of  removing  prisoners  to  and  from  the  state 
farm  and  houses  of  correction,  as  provided  for  in  chapter 
two  hundred  and  seventy  eight  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  one  hundred  dollars. 

For  the  salaries  of  the  officers  and  messenger  of  the 
supreme  judicial  court,  a  sum  not  exceeding  five  hundred 
dollars,  as  authorized  by  chapter  two  hundred  and  ninety- 
four  of  the  acts  of  the  present  year,  being  in  addition  to 
the  sixteen  hundred  dollars  appropriated  by  chapter  three 
of  the  acts  of  the  present  year. 

For  expenses  in  connection  with  the  registration  and 
identification  of  criminals,  a  sum  not  exceeding  two  hun- 
dred dollars,  as  authorized  by  section  five  of  chapter  three 
hundred  and  sixteen  of  the  acts  of  the  present  year. 

For  such  premiums  as  may  be  necessary  in  investing 
the  Massachusetts  school  fund,  as  provided  for  in  section 
two  of  chapter  three  hundred  and  thirty-five  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  fifty  thousand 
dollars. 

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

Approved  June  13,  1890. 


ChCtpAlO  ^^   ^^'^  RELATING   TO   TRESPASS   UPON   KEAL   ESTATE. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  ninety-nine  of  chapter  two  hundred   and  three 
of  the  Public  Statutes  is  hereby  amended  so  as  to  read  as 


p.  S.  203,  §  99, 
amended. 


1890.  —  Chapter  411 .  365 

follows  :  —  "Whoever  without  right  enters  upon  or  remains  TrespasBupon 
on  or  in   the   dwelling-house,  buildings   or  improved  or  ••'"' *'^'^^°- 
enclosed  land  of  another,  after  being  forbidden  so  to  do 
by  the  })erson  having  the  lawful  control  of  said  premises, 
either   directly    or    by    notice    posted    thereon,    shall    be 
punished  by  a  tine  not  exceeding  twenty  dollars. 

Approved  June  13,  1890. 


An  Act  to  authorize  the  union  agricultural  and  horticult- 
ural SOCIETY  established  IN  THE  TOM'N  OF  BLANDFORD  TO 
TAKE   LAND   FOB   AGRICULTURAL   PURPOSES. 


ChapAU 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Union  Agricultural  and  Horticultural  May  take  lami 
Society  established  in  the  town  of  Blandford,  incorporated  puVposes, 
by  chapter  one  hundred  and  ten  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-seven,  is  hereby  authorized  to 
take  and  hold  by  puj;chase  or  otherwise,  at  any  time  within 
one  year  from  the  passage  of  this  act,  so  much  land  not 
exceeding  ten  acres,  in  the  town  of  Blandford,  as  it  may 
deem  necessary  for  the  purposes  specified  in  said  act  of 
incorporation. 

Section  2.     The  said  society  shall,  within  thirty  days  a  description  of 
from  the  time  when  it  shall  take  any  parcel  or  parcels  of  lo*b!r?^co*ded 
land  under  this  act,  file  in   the  office  of  the  register  of  jjeeds!*"^^  "^^ 
deeds  for  the  county  of  Hampden  and  cause  to  be  recorded 
therein  a  description  of  the  land  so  taken  sufficiently  accu- 
rate for  identification,  with  a  statement  of  the  purpose  for 
which  said  land  is  taken  ;  which  description  and  statement 
shall  be   signed   l)y  the    president  and   secretary  of  said 
society.     The  said  society  shall  be  liable  to  pay  all  dam-  Damages, 
ages  that  shall  be  sustained  by  any  person  by  reason  of 
the  taking  of  land  as  aforesaid  ;  such  damages  to  be  ascer- 
tained and  determined  in  the  manner  provided  for  ascer- 
taining and  determining  damages  in  case  of  the  laying  out, 
altering  or   discontinuing  of  Avays   within   said  town   of 
Blandford. 

Section  3.     Said  Union  Acrricultural  and  Horticultural  Reaiandper- 

_,       .  Ill  1         ~  Bonal  estate. 

Society  may  hold  real  and  personal  estate  to  an  amount 
not  exceeding  twelve  thousand  dollars. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jane  13,  1890. 


366  1890.  — Chapters  412,  413. 


Chcip.4:12  '^^  ^^^  AUTHORIZING  THE  CITY  OF  BOSTON  TO  PAY  THE  SUPER- 
VISORS WHO  SERVED  AT  THE  LAST  STATE  AND  MUNICIPAL  ELEC- 
TIONS. 

Be  it  enacted,  etc.,  as  follows : 
May  pay  super-      Sectiox  1.     The  citv  of  BostoH  mav  bv  actioii  of  the 

visors  at  elec-  .  .,  ,        "^  ,  i  i    •  •  i      -^ 

tions.  City  council  pay  to  the  supervisors  who  served  in  said  city 

at  the  hist  state  and  municipal  elections,  and  who  were 
appointed  under  the  authority  of  chapter  two  hundred  and 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  a  sum  not  exceeding  five  dollars  each  for  each 
day's  service. 

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

Ajyj^roved  June  13,  1890. 

C%6?».413   ^N   ^CT   IN   ADDITION   TO   CERTAIN  ACTS   TO   SUPPLY   THE    TOWN    OF 

WINCHESTER   WITH    PURE   WATER. 

Be  it  enacted,  etc.,  as  folloivs : 

May  issue  addi-      Section  1.     The  towH  of  Winchester,  for  the  purpose 
bonds.  '  of  supplying  said  town  with  pure  water,  is  authorized  to 

issue  notes  or  bonds  from  time  to  time,  as  it  may  deem 
necessary,  to  an  amount  not  exceeding  twenty-five  thou- 
sand dollars  in  addition  to  the  amounts  already  authorized 
to  be  borrowed,  subject  to  the  conditions  set  forth  in 
chapter  two  hundred  and  sixty-five  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two,  the  same  to  be  denom- 
inated Winchester  Water  Fund  Bonds,  and  to  be  payable 
at  periods  not  more  than  thirty  years  from  their  respec- 
tive dates. 
Authority  here-  SECTION  2.  The  authority  of  Said  town  iu  purchasing 
conflrraed.  aud  taking  lands  and  water  rights,  and  creating  and  estab- 
i87.3i277.'  lishing  reservoirs  under  said  chapter  two   hundred  and 

sixty-five  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two,  in  the  territory  defined  in  chapter  two  hun- 
dred and  seventy-seven  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-three  and  chapter  ninety-eight  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-five,  is 
hereby  confirmed  and  made  valid  ;  and  such  authority  and 
the  other  powers  conferred  by  said  chapter  two  hundred 
and  sixty-five  are  also  extended  and  applied  to  said  terri- 
tory, to  such  further  extent  as  may  be  necessary  to  ena))le 
said  town  to  take  or  acquire  any  additional  land  or  aque- 


1875,  98. 


1890.  —  Chapter  4U.  3G7 

duL't  liiihts  in  said  territory,  and  to   conduct  the  water 
from  said  territory  and  distribute  the  same. 

Section  3.     The  ])owers    and    duties    conferred    upon  Powers  of  com- 

,  •  1      1         J         ^  I  11  1      •     J.       J'  niiesionerB  may 

connnissioners  by  said  chapter  two  hundred  and  sixty-tive  i.e  exercised  by 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-two  ^"'^"^  '^°'"^''' 
may  be  exercised  by  the  present  water  board  of  said  town 
and  their  successors  in  ofhce  in  the  further  acquirement  of 
huids  and  rights  and  in  the  completion  of  the  water  supply 
system  of  said  town.  Approved  June  13,  1890. 

An  Act  to  insuhe  hospital  cahe  and  treatment  fok  certain  (J]ia7)A\4c: 

INSANE   PERSONS. 

Be  it  enacted^  etc.,  as  follows : 

Sectiox   1.     Chapter  eighty-seven  of  the  Public  Stat- ^^m^end^mentto 
utes  is  hereby  amended  by  striking  out  section  twenty-five 
of  said  chapter  and  substituting  therefor  a  new  section  as 
follows  :  —  Section  25.     When  the  state  board  has  reason  insane  person  in 
to  believe  that  any  insane  person  is  deprived  of  proper  scnt'torhos" 
treatment  and  is  confined  in  an  almshouse  or  other  place,  p"'''' 
whether  such  insane  person  is  a  public  charge  or  other- 
wise, it  shall  cause  application  to  be  made  to  a  judge  for 
the  commitment  of  such  person  to  a  hospital  in  the  man- 
ner herein  prescribed. 

Section  2.     Chapter  three  hundred  and  nineteen  of  the  Amendment  to 
acts  of  the  year  eighteen  hundred  and  eighty-six  is  hereby 
amended  by  striking  out  section  three  of  said  chapter  and 
substituting   therefor  a  new  section    as    follows:  —  Sec- 
tion 3.     The  overseers  of  the  poor  shall  not  commit  to  Duties  of  over- 

1...  ,,  'Jill-  >i  seersof  the  poor 

nor  detain  in  any  almshouse,  private  dweUmg  or  other  in  commitment 
place,    without   remedial    treatment,    any    insane    person  rnslnrpersons"^ 
whose  insanity  has  continued  for  a  period  less  than  twelve 
months  ;  and  within  seven  days  from  the  admission  or  dis- 
charge of  any  insane  person  in  their  care,  to  or  from  any 
almshouse,  private  dwelling  or  other  place,  said  overseers 
shall  report  in  writing  such  admission  or  discharge  to  the 
state  board  of  lunacy  and  charity.     All  persons  suffering  Medical  treat- 
from  recent  insanity  shall  have  the  opportunity  of  medical  p.  s.'st,  §i3. 
treatment  in  some  hospital  or  asylum,  under  the  direction 
of  a  physician  qualified  according  to  the  provisions  of  sec- 
tion thirteen  of  chapter  eighty-seven  of  the  Public  Stat- 
utes, if  they  or  their  friends  so  desire. 

Section  3.     This  act  shall  take  effect  on  the  first  day  T'',*^''^oS?'=' 
ot  July  in  the  year  eighteen  hundred  and  ninety. 

Approved  June  13,  1890. 


368  1890.  — Chapters  415,  416. 


ChCip.4:\5   ^^  ^^^^  ALTHOniZING    AN    APPROPRIATION    FOR    THE    PAYMENT    OF 

EXTRAORDINARY   EXPENSES. 

Be  it  enacted,  etc.,  as  follows  : 

isliJiultt^T-       Section  1.     There  shall  be  appropriated  each  year  a 
i**^-  sura  not  exceeding  twenty  thousand  dollars,  to  be  paid 

out  of  the  treasury  of  the  Commonwealth,  for  carrying  out 
the  provisions  of  section  ninety-eight  and  the  succeeding 
sections  to  and  including  section  one  hundred  and  five  of 
chapter  four  hundred  and  eleven  of  the  acts  of  the  year 
Entertainment    eighteen  hundred  and  eighty-seven,  for  the  entertainment 
o^^presi  ent,      ^^^  ^j^^  president  of  the  United  States  and  other  distin- 
guished  guests    while    visiting    or  passing   through    this 
Commonwealth,  and  for  such  other  extraordinary  expenses 
as  the  governor  and  council  ma}^  in  their  discretion  deem 
necessary  and  which  are  not  otherwise  provided  for. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1890. 


CJiap. 


4X6  ^^  -^^^  RELATING  TO  LOANS  OR  PLEDGES  WITH  HOUSEHOLD  GOODS, 
WEARING  APPAREL  OR  ARTICLES  OF  PERSONAL  USE  OR  ORNAMENT 
AS   COLLATERAL. 


Be  it  enacted,  etc.,  as  follows. 


pledges  with  Section  1.     Every  person,  other  than  licensed  pawn- 

houeehoid         brokers,    eno;aged    in   the    business  of  makin";   loans    on 

goods,  etc.  'Co  o 

collateral  security  represented  by  household  goods,  wear- 
ing apparel,  watches,  diamonds,  jewelry  or  other  articles 
of  personal  use  or  ornament,  or  on  notes  secured  by 
pledge  or  mortgage  of  any  such  property,  when  such 
property  is  deposited  with  the  person  making  the  loan,  or 
who  purchases  such  property  on  condition  of  selling  the 
same  back  again  at  a  stipulated  price,  or  who  pays  or 
advances  money  thereon  under  such  circumstances  that  it 
may  be  inferred  from  the  character  of  the  transaction  that 
such  property  may  be  afterwards  redeemed,  shall  keep  a 
Record  to  be  book  In  which  shall  be  recorded  at  the  time  of  each  loan 
or  transaction  a  full  and  accurate  description  of  the  goods, 
articles  or  things  pledged  or  deposited,  for  the  purpose  of 
identification,  together  with  any  designating  numl)crs  or 
marks,  and  also  the  name  and  residence  of  the  borrower 
or  party  depositing  such  property,  and  each  transaction 
shall  be  specifically  numbered  in  said  book. 


kept 


1890.  — Chapter  416.  369 

Sectiox   2.     Every   person    eDo-aged    in   the   business  Borrower  to  be 

.  .       *'      *         111-  11  given  a  receipt, 

mentioned  hi  section  one  shall  give  to  each  borrower  or  etc. 
depositor  a  receipt,  ticket  or  card,  inscribed  with  the  name 
of  the  lender,  the  article  or  articles  pledged,  the  descrip- 
tion of  the  property  as  required  in  section  one,  the  name 
of  the  borrower  or  depositor,  the  amount  of  the  loan,  the 
date  when  made,  the  date  when  payable ;  which  said 
receipt,  ticket  or  card  shall  be  numbered  to  correspond 
with  the  number  of  the  transaction  on  said  book. 

Section  3.     Said  book  shall  at  all  times  be  open  to  the  Record  book  to 
inspection  of  the  board  of  police,  the  superintendent  and  spect'fon  of  the 
chief  inspector  of  police,  of  the  city  of  Boston,  the  chief  p°"°^' ^'*'' 
of  the  district  police  and  the  chief  of  police  and  selectmen 
of  their  respective  cities  or  towns,  or  any  or  either  of 
them,  or  to  any  officer  who  shall  be  specially  authorized  in 
writing  for.  that  purpose  by  any  or  either  of  them,  and 
who  exhibits   such  written  authority  ;    and  the  property 
described  in  said  book  shall  be  exhibited  to  said  officers 
or  either  of  them  on  their  demand. 

Sectiox  4.  Every  person  engaged  in  said  business  as  Penalties  for 
aforesaid,  or  his  agent  or  other  person  in  charge  thereof,  [fonre'tf.  "^^'^'^ 
w^ho  fails  or  refuses  to  allow  the  inspection  of  said  book, 
or  who  wilfully  hinders,  obstructs  or  prevents  such  officer 
or  officers  from  making  said  inspection  or  from  examining 
said  property  as  provided  in  the  preceeding  section,  or 
wilfully  violates  any  other  provisions  of  this  act,  shall  be 
punished  by  tine  not  exceeding  two  hundred  dollars  or  by 
imprisonment  not  exceeding  one  year,  or  by  both  such  tine 
and  imprisonment. 

Section  5.     If  it  shall  appear  to  any  of  the  officers  Articles 
mentioned  in  section  three  of  this  act  that  any  articles  ^itahied \nhey 
pledged  to  any  person  as  herein  provided  have  been  stolen,  bern^atoLn!^^ 
such  officer  may  give  to  such  person  a  notice  in  writing  to 
hold  such  articles  so  pledged,  and  the  same  shall  there- 
after be  held  by  such  person  for  sixty  days  (unless  said 
notice  shall  be  recalled  in  writing  by  the  officer  giving  the 
same),  subject  to  inspection  and  examination  at  all  reason- 
able times  ;  and  the  same  shall  be  produced  upon  notice 
or  summons  by  the  district-attorney  or  other  prosecuting 
officer  before  any  grand  jury  or  court  of  justice,  when  the 
question  of  the  larceny  of  the  same  is  under  legal  investiga- 
tion, and  said  person  shall  not  be  held  liable  in  damages 
or  otherwise  to  any  one  for  or  on  account  of  such  deten- 
tion. 


370 


1890.  — Chapters  417,  418. 


Construction  of 
1888,  388. 


Repeal  of  1885, 
252. 


Section  6.  Chapter  three  hundred  and  eighty-eight  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
shall  not  be  construed  to  apply  to  licensed  pawnbrokers, 
nor  to  have  repealed  or  affected  section  thirt^'-four  of 
chapter  one  hundred  and  two  of  the  Public  Statutes. 

Section  7.  Chapter  two  hundred  and  fifty-two  of  the 
acts  of  the  j^ear  eighteen  hundred  and  eighty-five  is  hereby 
repealed.  Approved  June  16,  1890. 


ChapAVi 


Amendment  to 
1889,  107,  §  -Z. 


May  hold  real 
estate  granted, 
etc.,  to  it  not 
exceeding 
$500,000. 


An  Act  to  amend  an  act  to  incorporate  the  city  hospital 
IN  the  city  of  quincy. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  two  of  chapter  one  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine  is  hereby  amended  by  inserting  after  the  word  "  hos- 
pital ",  in  the  sixth  line  thereof,  the  words  :  —  and  said 
corporation  may  also,  subject  to  said  limitation  of  amount, 
purchase  and  hold  real  estate  in  the  city  of  Quincy,  —  so 
that  said  section  as  amended  shall  read  as  follows  ;  —  Sec- 
tion  2.  Said  corporation  may  receive  and  hold  real  and 
personal  estate  which  may  from  time  to  time  be  given, 
granted,  bequeathed  or  devised  to  it,  and  accepted  by  the 
corporation,  to  an  amount  not  to  exceed  five  hundred 
thousand  dollars,  for  the  uses  and  purposes  of  said  hos- 
pital ;  and  said  corporation  may  also,  subject  to  said  limi- 
tation of  amount,  purchase  and  hold  real  estate  in  the  city 
of  Quincy,  provided  always  that  both  the  principal  and 
income  thereof  shall  be  appropriated  according  to  the  terms 
of  the  donation,  devise  or  bequest. 

Section  2:  This  act  shall  take  effect  upon  its  passage. 
%  Approved  June  16,  1890. 


ChapAlS 


Officers  in 
charge  of  de- 
partments may 
hold  office,  not 
exceeding  three 
years,  as  may 
be  determined 
by  ordinance. 


An  Act  relating  to  officers  and   departments  in  the  city 

of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Every  person  now  or  hereafter  having  sole 
or  joint  charge  of  a  department  of  the  city  of  Boston  shall 
hold  office  for  such  term,  not  exceeding  three  years  begin- 
ning with  the  first  day  of  May  in  the  year  of  his  appoint- 
ment, as  the  city  council  may  by  ordinance  determine,  and 
until  his  successor  is  appointed  and  confirmed  :  jjiwided, 
however,  that  all  members  of  boards  and  all  trustees  shall 
hold  office  for  such  terms  as  may  be  specified  in  the  stat- 


1890.  — Chapter  418.  371 

utes  creatiiiii-  them  and  until  their  respective  successors 
are  appointed  and  contirmed,  but  such  terms  shall  begin 
with  the  tirst  day  of  May  in  the  year  of  appointment.  All 
officers,  except  election  officers  and  those  above  named, 
appointed  by  the  mayor  and  confirmed  by  the  board  of 
aldermen  of  said  city,  shall  hold  office  for  terms  of  one 
year  beginning  \yith  the  first  day  of  May  in  the  year  of 
appointment  and  until  their  respective  successors  are 
api)ointed  and  confirmed.  Any  officer  appointed  by  the  Removal  from 
ma\'or  and  confirmed  by  the  board  of  aldermen  of  said  city  mayor/'  ^ 
may  be  removed  by  the  mayor  for  such  cause  as  he  shall 
deem  sufficient  and  shall  assign  in  his  order  for  removal. 

Section  2.     The  term  "  subordinate"  in  this  act,  and  ^taTe"?on^.'"" 
in  all  other  acts  relating  to  the   city  of  Boston   or  its  ^trued. 
departments,  shall  be  construed  to  include  only  assistants, 
deputies,  clerks  and  other  officers,  appointed  by  an  officer 
or  board  in  charge  of   a  department,  and  paid  a  yearly 
salary. 

Section  3.      Every  subordinate   of  a    department   of  hoid°office'umu 
said  city  shall  continue  to  hold  his  office  until  removed  by  removed. 
the  officer  or  board  in  charge  of  the  department,  for  such 
cause  as  he,  or  it,  shall  deem  sufficient,  and  shall  assign 
in  the  order  of  removal. 

Section  4.  Every  officer  or  board  in  charge  of  a  Contracts  to  be 
de))artment  in  said  city,  when  authorized  to  erect  a  new  ing,  etc. 
building  or  to  make  structural  changes  therein,  shall  make 
contracts  therefor,  not  exceeding  five,  each  contract  to  be 
subject  to  the  approval  of  the  mayor ;  and  when  about  to 
do  any  work  or  to  make  any  purchase,  the  estimated  cost 
of  which  amounts  to  or  exceeds  two  thousand  dollars, 
shall,  unless  the  mayor  give  a  written  authority  to  do 
otherwise,  invite  proposals  therefor  by  advertisements  in 
not  more  than  four  daily  newspapers  published  in  said 
city,  such  advertisements  to  state  the  time  and  place  for 
opening  the  proposals  in  answer  to  said  advertisements, 
and  reserving  in  such  invitations  the  right  to  the  officer  or 
board  to  reject  any  or  all  proposals. 

Section  5.     Every  proposal  for  doing  such  work  or  Proposals  to  be 

flCCOIUPclDIGd   DV 

making  such  sale  shall  be  accompanied  by  a  suitable  bond,  a  bond,  etc. 
certified  check  or  certificate  of  deposit,  for  the  faithful 
performance  of  such  proposal,  and  all  such  proposals  shall 
be  kept  by  the  officer  or  board  inviting  the  same,  and 
shall  be  open  to  public  inspection  after  said  proposals 
have  been  accepted  or  rejected. 


372  1890.  —  Chapter  419. 

amounting  to  Section  6.     All  contracts  made  by  any  department  of 

writing!' "^^ *°    the  city  of  Boston  shall,  when  the  amount  involved  is 

two  thousand  dollars  or  more,  be  in  wanting,  and  no  such 

contract  shall  be  deemed  to  have  been  made  or  executed 

until   the  approval    of   the    mayor  in   writing   is    affixed 

Contracts  to  be   thereto.     All  such  contracts  shall  be  accompanied  by  a 

accompanied  by         .      ,  ,        ,  .  ,  .  p  ,  •!_     ' jy 

a  bond  or  Suitable  Dond  or  deposit  oi  money  or  other  security  tor 

eposi .  ^j^^  faithful  performance  of  such  contracts,  and  such  Ijonds 

or  other  security  shall  be  deposited  with  the  city  auditor 
until  the  contract  has  been  carried  out  in  all  respects  ;  and 
no  such  contract  shall  be  altered  except  by  a  written 
agreement  of  the  contractor,  the  sureties  on  his  or  their 
bond,  and  the  officer  or  board  making  the  contract,  with 
the  approval  of  the  mayor  affixed  thereto. 

i^v^te"^oVo8ai8      Section  7.     The  treasurer  of  said  city,  when  author- 

for loans.  j^ed  to  Issuc  any  bonds  or  certificates  of  indebtedness  of 

said  city,  except  for  a  loan  in  anticipation  of  taxes  for  the 
year  in  which  the  loan  is  made  shall,  unless  the  commis- 
sioners of  the  sinking  funds  or  persons  having  charge  of 
any  trust  funds  of  said  city  purchase  the  same,  invite  pro- 
posals for  the  purchase  thereof  by  advertisements  in  four 
daily  newspapers  published  in  said  city,  reserving  to  him- 
self the  right  to  reject  any  and  all  bids  ;  in  case  no  such 
proposal  is  accepted,  the  treasurer  may,  with  the  approval 
of  the  mayor,  award  or  give  any  part  of  the  loan,  or  the 
entire  loan  in  parts  to  any  other  person  or  party,  provided 

Rate  of  interest  only  it  bc  at  a  pi'lcc  or  sum  not  less  than  par.     The  rate 

to  DC  nxGu  bv  •/  1  1 

treasurer.  of  interest  ou  sucli  Certificates  of  indebtedness  for  a  loan 

in  anticipation  of  taxes  shall  be  fixed  by  said  treasurer. 
^6^^.°^^^^^'        Section  8.     Section  five  of  chapter  two  hundred  and 
sixty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty -five  is  hereby  repealed. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1890. 


ChapAlQ  An  Act  to  confirm  the  proceedings  of  certain  town  meet- 
ings. 
Be  it  enacted,  etc. ,  as  follows : 

mad'e  valid,*  Section  1.     The  proceedings  of  town  meetings  of  the 

several  towns  heretofore  held  shall  not  be  invalid  for  the 
reason  that  the  tellers  appointed  at  said  meetings  were 
sworn  by  the  moderators  instead  of  being  sworn  by  the 
town  clerks. 


1890.  —  Chapters  420,  421.  373 

Section*  2.  Tellers  hereafter  appointed  in  towns  may  Tellers  may  be 
lie  sworn  by  the  moderators  of  the  meetings  at  which  era^to^s/ '"*'  ' 
they  are  appointed. 

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

Approved  June  16,  1890. 


ChapA20 


An  Act  regclating  the  practice  in  probate  courts  and 

COURTS  OF  insolvency. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  attorney-at-law  duly  authorized  may  Practice  in  pro- 

b^te  courts 

enter  his  appearance  as  attorney  for  the  party  represented 
by  him  in  any  proceeding  in  any  probate  court  or  court 
of  insolvency.  All  processes  and  notices  served  upon 
such  attorney  shall  have  the  same  force  and  effect  as  if 
served  upon  the  parties  themselves. 

Section  2.     The  supreme  judicial  court  and  the  pro-  Practice  in 
bate  courts  and  courts  of  insolvency  shall  make  rules  and  Bowency.  "*" 
regulations   so  as  to  require   notice  to  be  given  to  such 
attorney  or  to  the  parties  interested,  of  any  motion,  hear- 
ing, or  other  proceeding  proposed  in  any  case  before  said 
courts.  Approved  June  16,  1890. 

An  Act  relating  to  assessment  insurance.  ChCLT)  421 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Every  contract  whereby  a  benefit   is   to  contract  of  in- 

.  .  ,.  1    ii  •  I'll  £?i.  8u ranee  on  the 

accrue  to  a  party  or  parties  named  therein,  which  benent  assessment 
is  conditioned,  not  upon  fixed  payments  but  upon  the  col-  p'*"*' 
lection  from  time  to  time  of  an  assessment  upon  persons 
holding  similar  contracts,  shall  be  deemed  a  contract  of 
insurance  on  the  assessment  plan ;  and  the  business  in- 
volving the  issuance  of  such  contracts  shall  be  carried  on 
in   this  Commonwealth  only  by  duly  organized  corpora- 
tions subject  to  the  provisions  and  requirements  of  this 
act.     If  the  benefit  is  to  accrue  through  the  death  of  the  Life  insurance. 
insured  person,  the  contract  shall  be  of  life  insurance;  if  Casualty  insur- 
through  the  accidental  death  only,  or  the  physical  disabil- 
ity from  accident  of  the  insured,  it  shall   be  of  casualty 
insurance ;    and   such   business    shall    be    lawful    only   as 
defined  and  permitted  by  this  act;  but  fraternal  benefi- F''?t«''°a' ^«?e- 

.         .  ,*^       .  ,      .  .  .  1      nciary  orffaniza- 

ciary  organizations  conducting  their  business  in  accord-  tions  exempt 

•fu     iU  •    •  X-       1         i.  X-  u  1        1  J    from  provisions, 

ance   with  the  provisions    ot    chapter  tour   hun(ired  and  1888,429. 
twenty-nine  of  the  acts  of  eighteen  hundred  and  eighty- 
eight  shall  be  exempt  from  the  provisions  of  this  act. 


374  1890.  — Chapter  421. 

Fo^SrHaWHity  or      SECTION  2.     Seven  or  more  persons,  residents  of  this 

death  benefits.  Com mon Wealth,  may  foVm  a  corporation  for  the  purpose 
of  paying  disability  or  death  benefits,  or  both,  as  herein- 
after provided. 

Terms  of  agree-  Section  3.  The  agreement  shall  state  that  the  sub- 
scribers thereto  associate  themselves  with  the  intention  of 
forming  a  corporation,  the  name  of  the  corporation,  the 
purpose  for  which  it  is  formed  and  the  town  or  city, 
which  shall  be  in  the  Commonwealth,  in  which  it  is 
located.  The  name  shall  be  one  not  previously  in  use 
by  an  existing  corporation  nor  so  similar  as  to  be  liable  to 
be  mistaken  therefor  ;  it  shall  indicate  that  it  is  a  corpora- 
tion or  company,  and  may  be  changed  only  by  act  of  the 
general  court. 

Ts'swiatet""^  °^  Section  4.  The  first  meeting  of  the  associates  shall 
be  called  by  a  notice  signed  by  one  or  more  of  the  sub- 
scribers to  such  agreement,  stating  the  lime,  place  and 
purpose  of  the  meeting;  a  copy  of  which  notice  shall, 
seven  days  at  least  before  the  day  appointed  for  the 
meeting,  be  given  to  each  subscriber  or  left  at  his  usual 
place  of  business  or  place  of  residence,  or  deposited  in  the 
post  ofiice,  post  paid,  and  addressed  to  him  at  his  usual 
place  of  business  or  residence.  And  whoever  gives  such 
notice  shall  make  affidavit  of  his  doings,  which  shall  be 
recorded  in  the  records  of  the  corporation. 

Temporary  SECTION    5.       At    such    first    meeting,    including   any 

clerk ;  adoption  ,  C  •         •  i      1 1 

ofby-iawsand    Dcccssary  or  reasonable  adjournment,  an  organization  shall 
cers.  be  effected  by  the  choice  by  ballot  of  a  temporary  clerk, 

who  shall  be  sworn,  and  by  the  adoption  of  l)y-lavvs  and 
the  election  of  directors,  treasurer  and  clerk  by  ballot,  or 
such  other  officers  as  the  by-laws  may  provide  ;  but  at 
such  first  meeting  no  person  shall  be  eligil)le  as  a  director, 
or  other  similar  officer,  who  has  not  subscribed  the  agree- 
ment of  association  The  temporary  clerk  shall  make  and 
attest  a  record  of  the  proceedings  until  the  clerk  has  been 
chosen  and  sworn,  including  a  record  of  such  choice  and 
qualification. 
b'y^'bjMaws'd'u-  Section  6.  The  corporation  may  prescribe  by  its 
ties  of  officers,  by-laws  the  manner  in  which  and  the  officers  and  agents 
by  whom  the  purposes  of  the  corporation  may  be  carried 
out. 
Terms  of  office.  SECTION  7.  Officers  choscu  as  required  in  section  five 
shall  hold  office  until  the  next  succeeding  meeting  of  the 
corporation  for  the  election  of  officers,  the  date  for  which, 


missioner. 


1890.  — Chapter  421.  375 

within  two  years  of  the  time  of  organization,  shall  be  pre- 
scribed by  the  by-laws,  at  which,  and  thereafter  at  least 
biennially,  the  before-mentioned  otEcers  shall  be  chosen 
and  shall  hold  office  until  their  successors  are  elected  and 
qualified. 

Section  8.  The  presiding  officer,  treasurer  and  a  certificate  and 
majority  of  the  directors  (or  other  officers)  shall  forthwith  Bubmfueduf  in- 
make,  siirn  and  swear  to  a  certiticate  setting  forth  a  true  sujancecom- 
copy  of  the  agreement  and  declaration  of  purpose  of  the 
association,  with  the  names  of  the  subscribers  thereto,  the 
date  of  the  first  meeting,  and  the  successive  adjournments 
thereof,  if  any,  and  shall  submit  such  certificate  and  the 
records  of  the  corporation  to  the  insurance  commissioner, 
who  shall  make  such  examination  and  require  such 
evidence  as  he  deems  necessary  ;  and  if  it  appears  that  the  when  approved 

1      '"  ]•  c   i.1  t'  c  A.       by  the  comrais- 

purposes  and  proceedmgs  of  the  corporation  conform  to  gionerceitift- 
law,  he  shall  certify  thereto,  and  the  certiticate  shall  then  I'n^gelre'tary's'' 
be  filed  by  said  officers  in  the  office  of  the  secretary  of  the  °®'=®- 
Commonwealth,    who,    upon    payment   of  a    fee    of  five 
dollars,  shall  cause  the  same,  with  the  endorsements,  to 
be  recorded,  and  shall  thereupon  issue  a  certificate  in  the 
following  form  ;  — 

COMMONWEALTH    OF    MASSACHUSETTS. 

Be  it  known  that  whereas  [here  the  names  of  the  subscribers  Formofcer- 
to  the  agreement  of  association  shall  be  inserted]  have  associ-  jgguelfbyfhe 
ated  themselves  with  the  intention  of  forming  a  corporation  Becretary, 
under  the  name  of  [here  the  name  of  the  corporation  shall  be 
inserted],  for  the  purpose  [here  the  purpose  declared  in  the 
agreement  of  association  shall  le  inserted],  and  have  complied 
with  the  provisions  of  the  statutes  of  this  Commonwealth  in 
such  case  made  and  provided,  as  appears  from  the  certificate  of 
the  officers  of  said  corporation,  duly  certified  by  the  insurance 
commissioner  and  recorded  in  this  office  :  now,  therefore,  I 
[here  the  name  of  the  secretary  shall  be  inserted] ,  secretary  of 
the  Commonwealth  of  Massachusetts,  do  hereby  certify  that 
said. [here  the  names  of  the  subscribers  to  the  agreement  of 
association  shall  be  inserted],  their  associates  and  successors, 
are  legally  cft-ganized  and  established  as  and  are  hereby  made 
an  existing  corporation  under  the  name  of  [here  the  name  of 
the  corporation  shall  be  inserted],  with  the  powers,  rights  and 
privileges,  and  subject  to  the  limitations,  duties  and  restrictions, 
which  by  law  appertain  thereto.  Witness  my  official  signature 
hereunto  subscribed,  and  the  seal  of  the  Commonwealth  of 
Massachusetts  hereunto  affixed,  this  day  of  in 

the  year  .     [In  these  blanks  the  day,  month  and  year 

of  execution  of  the  certificate  shall  be  inserted.] 


376 


1890.  — Chapter  421. 


Certificate  to 
be  concluBive 
evidence  of 
exietenee  of 
corpoiatioD. 


May  transact 
business  of  life 
or  casualty 
insurance  on 
assesBrnent 
plan. 


Sum  to  be  paid 
to  be  specified 
in  policy. 


Upon  failure  to 
pay  for  thirty 
days  may  be 
notified  to  sus- 
pend business. 


The  secretary  shall  sign  the  same  and  cause  the  seal  of 
the  Commonwealth  to  be  thereto  affixed,  and  such  certifi- 
cate shall  be  conclusive  evidence  of  the  existence  of  such 
corporation  at  the  date  of  ."uch  certificate.  He  shall  also 
cause  a  record  of  such  certificate  to  be  made  and  a  certi- 
fied copy  of  such  record  may  be  given  in  evidence  with 
like  efiect  as  the  original  certificate. 

Section  9.  Corporations  so  organized  may  transact 
the  business  of  life  or  casualty  insurance  arising  from 
accident,  or  both,  on  the  assessment  plan  ;  but  no  such 
corporation  shall  assume  any  liability,  make  any  other  than 
the  advance  assessment  or  issue  any  policy  or  certificate, 
until  at  least  five  hundred  persons  have  subscribed  in 
writing  to  be  insured  therein,  and  have  each  paid  in  one 
full  mortuary  or  disability  assessment,  to  be  held  in  trust 
for  the  beneficiaries,  which  shall  have  been  deposited  as 
hereinafter  provided,  nor  until  the  insurance  commissioner 
has  certified  that  it  has  complied  with  the  provisions  of 
this  law  and  is  authorized  to  transact  business.  The 
insurance  commissioner  may  require  of  the  applicants  for 
such  certificate,  and  at  any  time  of  the  officers  of  any  cor- 
poration organized  or  transacting  business  under  this  act, 
such  evidence,  under  oath  or  otherwise,  in  relation  to  the 
affairs  of  the  corporation  as  he  may  deem  necessary. 

Section  10.  Every  policy  or  certificate  hereafter  issued 
by  any  such  corporation  shall  specify  the  sum  of  money 
which  it  promises  to  pay  upon  the  contingency  insured 
against,  which  shall  not  be  larger  than  the  amount  of  one 
assessment  upon  the  entire  membership,  and  the  number 
of  days  after  satisfactory  proof  of  the  happening  of  such 
contingency  at  which  such  payment  shall  be  made  ;  and 
upon  the  occurrence  of  such  contingency,  unless  the  con- 
tract shall  have  been  voided  by  fraud  or  for  want  of 
validity,  the  corporation  shall  be  obligated  to  the  benefi- 
ciary for  such  payment  at  the  time  and  to  the  amount 
specified  in  the  policy  or  certificate  ;  and  this  indebtedness 
shall  be  a  lien  upon  all  the  property,  effects  and  bills 
receivable  of  the  corporation,  with  priority  over  all 
indebtedness  thereafter  incurred,  except  as  hereinafter 
provided  in  case  of  the  distribution  of  assets  of  an  insol- 
vent corporation.  If  the  insurance  commissioner  shall  be 
satisfied,  on  investigation,  that  any  such  corporation  has 
refused  or  failed  to  make  such  payment  for  thirty  days 
after  it  became  due,  and  alter  proper  demand,  he  shall 


1890.  — Chapter  421.  377 

notify  the    corporation    to    suspend   business    until    such 

indebtedness  is  fully  paid.     While  such  notice  is  in  force 

no  otficer  or  agent  of  the  corporation  shall  make,  sign  or 

issue  any  certificate  of  insurance,  nor  issue  any  notice  of 

nor  call  upon  the  members  for  payment  of  an  assessment ; 

and  all  moneys  received  from  any  source  by  the  corpora-  * 

tion,  its  agents  or  officers,  shall  be  forthwith  deposited  in 

some  bank  or  trust  company  to  await  a  final  decision  as 

provided  in  the  following  section. 

Section  11.     Whenever   the   insurance    commissioner  commiBBioner, 
shall  have  given  the  notice  required  by  the  foregoing  sec-  t^'in^eBtigatlf' 
tion,  he  shall  proceed  without  delay  to    investigate    the  corporaUon^. 
condition  of  the  corporation,  and  shall  have  full  power,  in 
person  or  by  deputy,  to  examine  its  books,  papers  and  ♦ 

accounts,  and  to  examine  under  oath  its  officers,  agents, 
clerks  and  certificate  holders,  or  other  persons  having 
knowledge  of  its  business  ;  and  if  it  shall  appear  to  him 
that  its  liabilities  exceed  its  resources,  and  that  it  cannot 
within  a  reasonable  time,  not  more  than  three  months  from 
the  date  of  the  original  default,  pay  its  accrued  indebted- 
ness in  full,  he  shall  report  the  facts  to  the  attorney- upon  report  of 
general,  who  shall,  upon  the  commissioner's  report,  apply  au^orney-'gen- 
to  a  justice  of  the  supreme  iudicial  or  superior  court  for  eraitoappiy  to 

^  I  J  I  the  courts  for 

an  order  closing  the  busmess  of  the  corporation,  and  ap-  appointment  of 
pointing  a  receiver  for  the  distribution  of  its  assets  among 
creditors :  jwovided,  that  no  such  final  order  shall  be  Provisos., 
made  until  the  corporation  shall  have  had  ten  days'  notice 
of  the  application  and  an  opportunity  to  be  heard  ;  and 
provided,  that  upon  hearing  the  matter  the  court  shall 
have  power  to  make  any  order  which  the  interest  of  the 
corporation  and  the  public  may  require. 

Section  12.  No  such  corporation  shall  transfer  its  Transfer  of 
risks  to  or  re-insure  them  in  any  other  corporation,  unless  lur'lment" etc. 
the  said  contract  of  transfer  or  re-insurance  is  first  sub- 
mitted to  and  approved  by  a  two-thirds  vote  of  a  meeting 
of  the  insured  called  to  consider  the  same,  of  which  meet- 
ing a  written  or  printed  notice  shall  be  mailed  to  each 
policy  or  certificate  holder  at  least  ten  days  before  the  day 
fixed  for  said  meeting ;  and  in  case  said  transfer  or  re- 
insurance shall  be  approved,  every  policy  or  certificate 
holder  of  the  said  corporation  who  shall  file  with  the 
secretary  thereof,  within  five  days  after  said  meeting, 
written  notice  of  his  preference  to  be  transferred  to  some 
other  corporation  than  that  named  in  the  contract,  shall 


i'j- 


378 


1890.  —  Chapter  421. 


Dissolution  of 
corporation. 


Corporation 
doing  business 
fraudulently, 
etc.,  to  be  pro- 
ceeded against 
in  ttie  courts. 


Emergency 
fund  to  be  ac- 
cumulated. 


Proviso. 


Investment  of 
fund. 


be  accorded  all  the  rights  and  privileges,  if  any,  in  aid  of 
such  transfer  as  would  have  been  accorded  under  the 
terms  of  the  said  contract  had  he  been  transferred  to  the 
corporation  named  therein.  Such  vote  of  approval  of  a 
contract  of  re-insurance  or  transfer  shall  act  as  a  dissolu- 
tion of  the  corporation,  and  all  liability  upon  its  certificates 
shall  cease  at  the  expiration  of  the  before-mentioned  five 
days  following  such  vote,  but  its  officers  may  thereafter 
perform  any  act  necessary  to  close  its  affairs.  If  such 
vote  of  approval  of  re-insurance  or  transfer  shall  include 
an  agreement  for  the  transfer  of  an  emergency  fund  to  the 
re-insuring  corporation,  the  insurance  commissioner  may 
approve  an  order  therefor ;  and  thereupon  the  state 
treasurer  shall  transfer  the  said  emergency  fund  in  accord- 
ance with  said  agreement. 

Section  13.  When  the  insurance  commissioner,  on 
investigation,  is  satisfied  that  any  such  corporation  has 
exceeded  its  powers,  failed  to  comply  with  any  provision 
of  law  or  is  conducting  business  fraudulently,  he  shall 
report  the  facts  to  the  attorney-general,  who  shall  there- 
upon apply  to  a  justice  of  the  supreme  judicial  or  superior 
court  for  an  injunction  restraining  such  corporation  from 
the  further  prosecution  of  business  ;  and  the  said  justice, 
upon  hearing  the  matter,  may  issue  such  injunction,  or 
decree  the  removal  of  any  officer,  and  substitute  a  suitable 
person  to  serve  in  his  stead  until  a  successor  is  duly 
chosen,  and  may  make  such  other  order  and  decrees  as 
the  interests  of  the  corporation  and  the  public  may  require. 

Section  14.  Such  corporations  shall  provide  in  their 
contracts  with  policy  or  certificate  holders  for  the  accumu- 
lation of  an  emergency  fund,  which  shall  be  at  all  times 
not  less  than  the  proceeds  of  one  death  or  disability  assess- 
ment on  all  policy  or  certificate  holders  thereof;  said  fund 
shall  be  accumulated  within  six  months  from  the  date  of 
their  incorporation,  and,  together  with  the  income  thereon, 
shall  be  a  trust  for  the  payment  of  death  and  disability 
claims  :  provided,  that  whenever  said  emergency  fund  is 
in  excess  of  double  the  amount  of  one  death  or  disability 
assessment  upon  the  entire  membership,  the  corporation 
may  a{)ply  such  excess,  or  any  portion  thereof,  in  reduc- 
tion of  assessments  upon  policy  or  certificate  holders,  or 
in  such  other  equitable  division  or  apportionment  thereof 
as  its  rules  or  contracts  may  provide.  Said  fund  shall  be 
invested  in   securities  in  which  insurance  companies  are 


1890.  — Chapter  421.  379 

allowed  l)y  law  to  invest  their  capital,  and  of  such  secur- 
ities an  amount  not  less  than  one  assessment  shall  be 
deposited  in  trust  with  the  treasurer  of  the  Conmion- 
wealth  ;  but  the  corporation  shall  have  at  all  times,  on 
approval  of  the  insui-ance  commissioner,  the  right  to 
exchange  any  part  of  said  securities  for  others  of  a  like 
amount  and  character.  Any  portion  of  said  emergency 
fund  may  be  drawn  by  a  requisition,  signed  by  two-thirds 
of  the  directors  and  indorsed  by  the  insurance  commis- 
sioner, setting  forth  that  the  same  is  to  be  used  for  the 
purposes  of  said  trust.  When  any  such  corporation  shall  ^n^  whe°n"cm-- 
discontinue  business,  any  iustice  of  the  supreme  iudicial  poration  discon- 

•^    •'      .  .  ^  ,  •  .     .  tinues  business. 

or  superior  court  may  appouit  a  receiver  to  administer 
any  unexhausted  portion  of  said  fund,  which  shall  be  used, 
less  such  compensation  not  to  exceed  five  per  centum 
thereof,  when  the  assets  exceed  five  thousand  dollars,  as 
such  court  or  justice  may  allow  the  receiver :  first,  in 
the  payment  of  accrued  claims  upon  certificates  or  policies, 
or  if  insufficient  to  pay  such  claims  in  full,  they  shall  be 
paid  pro  rata  ;  second,  if  a  balance  remain,  in  the  payment 
of  like  claims  thereafter  accruing  in  the  order  of  their 
occurrence. 

Section  15.     The  ofiicers  of  any  corporation  who  shall  To  levy  assess- 

o  IP  /.     •  •  1  !•  ment  wilhin 

reiuse  or  neglect,  tor  a  space  of  sixty  days  after  the  filing  sixty  days  after 
of  satisfactory   proof  of  the   death  of  any  certificate  or  of°poircy  holder 
policy  holder,  where  the  claim  so  arising  is  not  disputed  fnnd'^is^insufli- 
on  account  of  fraud  or  want  of  validity  and  where  the  *=^®°*- 
death    or   emergency  fund    is    not   sufficient  to  pay  said 
claim,  to  levy  an  assessment  to  provide  for  the  same,  shall 
thereby  become  liable  to  the  beneficiary  under  said  cer- 
tificate or  policy  in  a  sum  not  exceeding  the  face  of  said 
claim. 

Section  16.     Any  corporation  organized  under  author-  Requirements 
ity  of  another  state  or  government  to   issue  policies  or  porat'ion"be'fore 
certificates  of  life  or  casualty  insurance  on  the  assessment  fn**iM8^8"tate!** 
plan,  as  a  condition  precedent  to  transacting  business  in 
this  state,  shall  deposit  with  the  insurance  commissioner  a 
certified  copy  of  its  charter;  a  statement,  under  oath,  of 
its  president  and  secretary  in  the  form  required  by  the 
insurance  commissioner,  of  its  business    for  the    preced- 
ing year;  a  certificate,  under  oath,  of  its  president  and 
secretary,  that  it  is  paying,  and  for  the  twelve   months 
then    next   preceding   has    paid,    the     maximum   amount 
named  in  its  policies  or  certificates  in  full ;    a  certificate 


380 


1890.  — Chapter  421. 


Foreign  cor- 
porations doing 
business  in  this 
etate. 


To  appoint  the 
insurance  com- 
missioner their 
attorney  upon 
whom  process 
may  be  served. 


from  the  proper  authority  in  its  home  state  that  corpora- 
tions of  the  Commonwealth  engaged  according  to  the  pro- 
visions of  this  act  in  life  or  casualty  insurance  on  the 
assessment  plan,  are  legally  entitled  to  do  business  in 
such  state  ;  a  copy  of  its  policy  or  certificate  and  applica- 
tion, which  must  show  that  benefits  are  provided  for  l^y 
assessment  upon  policy  or  certificate  holders  ;  evidence 
satisfactory  to  the  insurance  commissioner  that  the  cor- 
poration has  accumulated  and  maintains  a  fund  equal  in 
amount  to  that  required  by  section  fourteen  of  this  act, 
that  such  accumulation  is  permitted  by  the  law  of  its 
incorporation  and  is  a  trust  for  the  benefit  of  policy  or 
certificate  holders  onl}',  and  is  securely  invested.  The 
insurance  commissioner  shall  thereupon  issue  or  renew  the 
authority  of  such  corporation  to  do  business  in  this  Com- 
monwealth ;  and  such  authority  shall  be  revoked  whenever 
the  insurance  commissioner,  on  investigation,  is  satisfied 
that  such  corporation  is  not  paying  in  full  the  maximum 
amount  named  in  its  policies  or  certificates,  or  that  it  has 
otherwise  failed  to  comply  with  any  of  the  provisions  of 
this  act  or  its  own  contracts.  Upon  such  revocation  the 
commissioner  shall  cause  notice  thereof  to  be  published  in 
the  newspaper  in  which  the  general  laws  are  published ; 
and  no  new  business  shall  be  thereafter  done  by  it  or  its 
agents  in  the  Commonwealth.  A  foreign  corporation 
admitted  to  transact  business  under  this  act  shall  pay,  on 
filing  its  application,  thirty  dollars,  and  for  each  annual 
statement  thereafter,  twenty  dollars.  When  any  other 
state  or  country  shall  imi)ose  any  obligation  in  excess  of 
those  imposed  by  this  act  upon  any  such  corporation  of 
the  Commonwealth,  the  like  obligation  shall  be  imposed 
on  similar  corporations,  and  their  agents,  of  such  state  or 
country  doing  business  in  this  state. 

Section  17.  Every  foreign  corporation  shall,  before 
doing  business  in  this  Commonwealth,  appoint  in  writing 
the  insurance  commissioner  or  his  successor  in  office  to  be  its 
true  and  lawful  attorney,  upon  whom  all  lawful  processes 
in  any  action  or  proceeding  against  it  may  be  served  ;  and 
in  such  writing  shall  agree  that  any  lawful  process  against  it 
which  is  served  on  said  attorney  shall  be  of  the  same  legal 
force  and  validity  as  if  served  on  the  corporation,  and  that 
the  authority  shall  continue  in  force  so  long  as  any  liability 
remains  outstanding  against  the  corporation  in  this  Com- 
monwealth.    A  copy  of  the  writing,  duly  certified  and 


1890.  — Chapter  421.  381 

« 
authenticated,  shall  be  filed  in  the  office  of  the  commis- 
sioner, and  copies  certified  by  him  shall  be  deemed  suffi- 
cient evidence  thereof.  Service  upon  such  attorney  shall 
be  deemed  sufficient  service  ui)on  the  principal.  When 
legal  process  against  any  such  corporation  is  served  up(m 
the  commissioner,  he  shall  immediately  notify  the  corpora- 
tion of  such  service  by  letter  prepaid  and  directed  to  its 
secretary,  or  in  the  case  of  a  corporation  of  a  foreign  coun- 
try, to  the  resident  manager,  if  any,  in  this  country  ;  and 
shall,  within  two  days  after  such  service,  forward  in  the 
same  manner  a  copy  of  the  process  served  on  him  to  such 
secretary  or  manager,  or  to  any  person  previously  desig- 
nated by  the  corporation  in  writing.  The  plaintiff  in  each 
process  so  served  shall  pay  to  the  commissioner  at  the 
time  of  such  service  a  fee  of  two  dollars,  which  shall  be 
recovered  by  him  as  a  part  of  the  taxable  costs,  if  he 
prevails  in  the  suit.  The  commissioner  shall  keep  a 
record  of  all  processes  served  upon  him,  which  record 
shall  show  the  day  and  hour  when  such  service  was  made. 

Section  18.    Any  foreign  assessment  corporation  trans-  to filenames 
acting  business  under  this  act  shall  file  with  the  insurance  ^"'^j;fi^:^r,1o^ 

C^  _      agents  with  the 

commissioner  the  name  and  residence  of  each  person  it  insurance  com- 

.      ,,  .  ,  .  .  T        ,  missioner. 

shall  appoint  or  employ  to  act  as  its  agent;  and  whoever 
shall  assume  to  act  as  such  agent,  or  shall  in  any  manner 
for  compensation  aid  in  negotiating  contracts  of  insurance 
on  l)ehalf  of  such  corporation  for  a  person  other  than  him- 
self, before  such  notice  of  appointment  or  employment  is 
filed,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  as  provided  in  section 
twenty-six  of  this  act. 

Section  19.     Any  person  who  shall  solicit  assessment  Penalty  for 

.  /•  .  •    J.     •  1       •  1     solicitingassess- 

insurance  tor,  or  in  any  manner  assist  in   placmg  such  mentinsuranre 
insurance  in,  any  corporation  or  organization  not  author-  corporauo^n!^^'^ 
ized  to  do  business  in  the  Commonwealth  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  as  provided  in  section  twenty-six  of  this  act. 

Section    20.      No   corporation    doing    business   under  Not  to  issue 
this  act  shall  issue  a  certificate  or  policy  upon  the  life  of  p^  pg^g^P^of '"'® 
any  person  more  than  sixty  years  of  a^e,  nor  upon  any  more  than  sixty 

IT     •  i-u^i         1  n    •  ^    \  ■     .        Vl  years  of  age,  etc. 

lite  in  which  the  beneficiary  named  has  no  interest :  j)ro-  provisos. 
vided,  however,  that  in  case  of  the  transfer  or  re-insurance 
of  members,  as  provided  in  section  twelve,  the  foregoing 
limit  of  age  shall  not  apply  to  members  Avho  have  reached 
sixty  years   since   their  membership  began.     Every  call 


382 


1890.  — Chaptek  421. 


Copies  of  appli- 
cation and  of  all 
bylaws,  etc., 
referred  to  in 
policy  to  be 
attached  there- 
to. 


Policy,  etc.,  to 
be  plainly 
printed. 


Proviso, 


To  make  an- 
nual returns  to 
the  commis- 
Bioner. 


Examination  of 
affairs  of 
domestic  in- 
surance cor- 
poration. 


for  payments  by  the  policy  or  certificate  holders  shall 
distinctly  state  the  purpose  of  the  same,  and  whether  any 
part  thereof  shall  or  may  be  used  for  expenses,  and  if  so 
how  much  :  provided,  hovjever,  that  expenses  incurred  in 
investigatino^  and  contestino;  cases  believed  to  be  fraudulent 
may  be  considered  as  a  part  of  the  mortuary  expense. 
Any  assignment  of  a  policy  or  certificate  to  a  person 
havinof  no  interest  in  the  insured  life  shall  render  such 
policy  or  certificate  void. 

Section  21.  All  policies  or  certificates  hereafter 
issued  to  persons  within  the  Commonwealth  by  corpora- 
tions transacting  business  therein  under  this  act,  which 
policies  or  certificates  contain  any  reference  to  the  appli- 
cation of  the  insured,  or  the  constitution,  by-laws  or  other 
rules  of  the  corporation,  either  as  forming  part  of  the 
policy  or  contract  between  the  parties  thereto,  or  having 
any  bearing  on  said  contract,  shall  contain  or  have  attached 
to  said  policy  or  certificate  a  correct  copy  of  the  applica- 
tion as  signed  by  the  applicant,  and  the  portions  of  the 
constitution,  by-laws  or  other  rules  referred  to  ;  and  unless 
so  attached  and  accompanying  the  policy,  no  such  applica- 
tion, constitution,  by-laws  or  other  rules  shall  be  received 
as  evidence  in  any  controversy  between  the  parties  to  or 
interested  in  said  policy  or  certificate,  and  shall  not  be 
considered  a  part  of  the  policy  or  of  the  contract  between 
such  parties.  The  said  policy  or  certificate,  application, 
constitution,  by-laws  or  other  rules  shall  be  plainly  printed, 
and  no  portion  thereof  shall  be  in  type  smaller  than  brevier  : 
provided,  however,  that  nothing  in  this  section  shall  be 
construed  as  applying  to  health  certificates  or  contribu- 
tional  receipts  or  other  evidences  used  in  reinstatement 
of  a  policy  or  certificate. 

Section  22.  Every  corporation  doing  business  under 
this  act  shall  annually,  on  or  before  the  first  day  of  Feb- 
ruary, return  to  the  insurance  commissioner,  in  such  man- 
ner and  form  and  including  such  information  as  he  may 
require,  a  sworn  statement  of  its  afijiirs  for  the  year  end- 
ing on  the  preceding  thirty-first  day  of  December.  The 
insurance  commissioner  may  personally  or  by  his  deputy 
or  chief  clerk  visit  each  domestic  insurance  corporation 
doing  business  on  the  assessment  plan,  whenever  he  shall 
deem  it  necessary,  and  thoroughly  inspect  and  examine 
its  affairs,  especially  as  to  its  financial  condition  and  abil- 
ity to  fulfil  its  obligations,  and  whether  it  has  complied 


1890.  —  Chapter  421 .  383 

uith  the  laws.  Whenever  he  deems  it  prudent  for  the  Examinatiou  of 
protection  of  the  policy  holders  in  the  Commonwealth  he  ancecomp^ln^es. 
may  in  like  manner  visit  and  examine,  or  cause  to  be 
visited  and  examined  by  some  competent  person  or  per- 
sons he  may  appoint  for  that  purpose,  any  foreign  insur- 
ance company  doing  business  on  the  assessment  plan, 
applying  for  admission  or  already  admitted  to  do  business 
in  the  Commonwealth,  and  such  company  shall  pay  the 
expense  of  such  examination,  including  the  expenses  of 
the  commissioner  or  the  persons  he  may  appoint  and 
the  expenses  and  compensation  of  all  assistants  employed 
therein.  For  the  purposes  aforesaid  the  commissioner  or 
person  making  the  examination  shall  have  free  access  to  all 
the  books  and  papers  that  relate  to  the  business  of  such 
company,  and  to  the  books  and  papers  kept  by  any  of  its 
agents,  and  may  summon  and  qualify  as  witnesses  under 
oath,  and  examine  the  directors,  officers,  agents  and  trus- 
tees of  any  such  company  and  any  other  persons,  in  rela- 
tion to  its  affairs,  transactions  and  condition. 

Section  23.  The  money  or  other  benefit,  charity.  Benefit  not  iia- 
relief  or  aid  to  be  paid,  provided  or  rendered  by  any  cor-  ment^/ ""^ 
poration  authorized  to  do  business  under  this  act,  shall  not 
be  liable  to  attachment  by  trustee  or  other  process,  and 
shall  not  be  seized,  taken,  ap})ropriated  or  applied  by  any 
legal  or  equitable  process,  nor  by  operation  of  law,  to 
pay  any  debt  or  liability  of  a  [)olicy  or  certificate  holder, 
or  any  beneficiary  therein. 

Section  24.     Any  solicitor,  agent,  examining    physi- I'enaityon 

,  1  1      II      I  •        1  -U-    11       agent,  etc..  for 

cian  or  other  person,  who  shall  knowmgly  or  wilfully  makinefaw 
make  any  false  or  fraudulent  statement  or  representation  ^'"*'''"«''"' '''*=• 
in  or  with  reference  to  any  application  for  insurance,  or 
for  the  purpose  of  obtaining  any  money  or  benefit,  in  any 
corporation  transacting  business  under  this  act,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  or  imprisonment  iu  the  county 
jail  for  not  less  than  thirty  days  nor  more  than  one  year, 
or  both,  at  the  discretion  of  the  court ;  and  any  person 
who  shall  wilfully  make  a  false  statement  of  any  material 
fact  or  thing  in  a  sworn  statement  as  to  the  death  or  dis- 
ability of  a  policy  or  certificate  holder  in  any  such  corpo- 
ration, for  the  purpose  of  procuring  payment  of  a  benefit 
named  in  the  certificate  of  such  holder,  shall  be  guilty  of 
perjury,  and  shall  be  proceeded  against  and  punished  as 


384 


1890.  — Chapter  421. 


Corporations 
for  insurance 
on  assessment 
plan  may  re- 
incorporate un- 
der this  act. 


Penalty  on  cor- 
poration, etc., 
for  neglecting  to 
comply  with 
provisions. 


Provisions  of 
1887.  214,  not  to 
apply. 


Repeal. 


Provisions  to  be 
construed  as  a 
continuatioti  of 
laws  and  not  as 
new  enact- 
ments. 


provided  by  the  statutes  of  the  Commonwealth  in  relation 
to  the  crime  of  perjury. 

.  Section  25.  Any  corporation  existing  under  the  laws 
of  this  Commonwealth,  and  now  engaged  in  transacting 
the  business  of  insurance  on  the  assessment  plan,  may 
re-incorporate  under  the  provisions  of  this  act :  provided ^ 
that  nothing  in  this  act  contained  shall  be  construed  as 
requiring  or  making  it  obligatory  ui)on  any  such  corpo- 
ration to  re-incorporate,  and  any  such  corporation  may 
continue  to  exercise  all  rights,  powers  and  privileges 
conferred  by  this  act,  or  its  articles  of  incorporation  not 
inconsistent  herewith,  and  shall  be  subject  to  the  require- 
ments and  penalties  of  this  act  the  same  as  if  re-incorpo- 
rated hereunder.  No  charter  granted  under  the  provisions 
of  this  act  shall  continue  valid  after  one  year  from  the 
date  thereof  unless  the  organization  has  been  completed 
and  business  begun  thereunder. 

Section  26.  Any  corporation,  association  or  society 
transacting  in  the  Commmonwealth  life  or  casualty  insur- 
ance on  the  assessment  plan, ^ and  any  agent  or  officer  of 
such  corporation,  association  or  society  neglecting  to 
comply  with  or  violating  any  provision  of  this  act,  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  and  not 
exceeding  five  hundred  dollars. 

Section  27.  The  provisions  of  chapter  two  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  shall  not  apply  to  corporations  organized 
under  or  transacting  business  in  conformity  to  this  act ; 
but  except  as  specifically  provided  herein,  and  in  the 
chapter  defining  the  rights  and  privileges  of  fraternal 
beneficiary  corporations,  all  insurance  or  benefit  contracts 
within  the  Commonwealth,  or  with  residents  thereof,  shall 
be  conducted  in  accordance  with  the  provisions  and  sub- 
ject to  the  limitations  of  chapter  two  hundred  and  four- 
teen of  the  acts  of  the  year  one  thousand  eight  hundred 
and  eighty-seven. 

Section  28.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

Section  29.  The  provisions  of  this  act,  so  far  as  they 
are  the  same  as  those  of  existing  laws,  shall  be  construed 
as  a  continuation  of  such  laws  and  not  as  new  enactments  ; 
and  the  repeal  by  this  act  of  any  provision  of  law  shall 
not  aff'ect  any  act  done,  liability  incurred,  or  any  right 
accrued  and  established,  or  any  suit  or  prosecution,  civil 


1890.  — Chapter  422.  385 

or  criminal,  pendino-  or  to  be  instituted  to  enforce  any- 
right  or  })cnalty  or  punish  any  ofience  under  the  authority 
of  the  repealed  laws ;  and  any  person  who  at  the  time 
when  said  repeal  takes  effect  holds  office  under  any  of  the 
laws  repealed  shall  continue  to  hold  such  office  according 
to  the  tenure  thereof,  unless  such  office  is  abolished  or  a 
different  provision  is  herein  made. 

Approved  June  19,  1890. 


ChapA22 


Ax  Act   relating  to  the   establishment   of   a   hospital  for 

THE  inhabitants   OF   THE   CITY   OF   FITCHBURG. 

Whereas,  Gardner  S.  Burbank  late  of  the  city  of  Preamble. 
Fitchburg,  deceased,  in  and  by  his  last  will  and  testament 
bearing  date  April  twelfth,  eighteen  hundred  and  seventy- 
five,  and  proved  and  allowed  at  the  probate  court  holden 
at  Worcester  within  and  for  the  county  of  Worcester  on 
the  sixth  day  of  March,  A.  D.  eighteen  hundred  and 
eighty- eight,  did  make  provision  for  founding  and  main- 
taining a  hospital  within  said  city  of  Fitchburg  and  for 
the  use  of  all  its  inhabitants,  by  a  generous  bequest,  now 
amounting  to  more  than  four  hundred  and  thirty  thousand 
dollars.  Now,  therefore,  to  enable  the  inhabitants  of  said 
city  of  Fitchburg  to  receive  the  benefits  of  said  generous 
bequest  of  said  testator  and  effectually  to  realize  and  meet 
the  benevolent  intention  expressed  in  his  said  w^ill,  there- 
fore, — 

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

Section  1.  Thornton  K.  Ware,  George  F.  Fay,  Burbank  hos- 
Amasa  Norcross,  Rodney  AVallace,  Charles  T.  Crocker,  po^ated!"' 
James  Phillips,  Jr.,  George  Jewett,  George  D.  Colony, 
Frederick  H.  Thompson,  Benjamin  D.  Dwinnell,  John  J. 
Sheehan,  Elliott  N.  Choate,  Henry  A.  Willis,  Harris  C. 
Hartwell  and  Harrington  Sibley,  all  of  said  Fitchburg, 
and  their  successors  who  shall  be  residents  therein,  are 
hereby  made  a  corporation  by  the  name  of  the  Burbank 
Hospital,  for  the  sole  purpose  of  establishing  and  main- 
taining a  public  hospital  for  the  use  of  the  inhabitants  of 
the  said  city  and  others  who  may  be  admitted  thereto 
under  the  provisions  of  said  will  who  may  require  medical 
and  surgical  treatment. 

Section  2.     Said  corporation  shall  have  authority  for  Real  and  per- 


the  purpose  aforesaid,  and  no  other,  to  hold  real  and  pe 


sonal  estate. 


386  1890.  —  Chapter  422. 

sonal  estate  to  the  amount  of  eight  hundred  thousand 
dollars. 
Board  of  SECTION  3.     The  mavor  of  the  city  of  Fitchburo;,  the 

trustees  •  • 

president  of  the  common  council  and  the  city  treasurer, 
severally  for  the  time  being,  shall  be  trustees  ex-officiis 
during  the  terms  of  their  respective  offices,  and  together 
with  the  corporators  above  named  shall  constitute  the  board 
of  trustees,  of  whom  the  mayor  shall  be  ex-officio  chair- 
man, and  whose  terms  of  office  except  as  above  provided 
shall  be  as  follows  :  The  trustees  shall  in  the  month  of 
January  in  the  year  eighteen  hundred  and  ninety-one  elect 
five  of  their  members  whose  terms  of  office  are  not  fixed 
as  above,  who  shall  hold  for  the  term  of  one  year  from  the 
first  day  of  February  in  the  year  eighteen  hundred  and 
ninety-one,  and  five  of  their  own  number  who  shall  hold 
for  the  term  of  two  years  from  said  first  day  of  February, 
and  the  remaining  five  shall  be  elected  to  hold  for  the  term 
of  three  years  from  the  said  first  day  of  February,  and  who 
shall  severally  hold  for  the  terms  for  which  they  are 
elected  and  until  their  successors  are  chosen,  and  there- 
after each  class  in  succession  for  the  period  of  three  years. 
Six  members  to  gjx  membcrs  of  the  board  shall  constitute  a  quorum  except 

CODStltUtB  £1 

quorum.  in  the  election  or  removal  of  trustees,  when  a  majority  of 

the  board  shall  be  required.  Whenever  a  vacancy  shall 
occur  in  the  board  of  trustees  by  reason  of  the  death, 
resignation  or  otherwise  of  the  members  so  elected,  the 
remaining  trustees  shall  fill  the  vacancy  for  the  unexpired 
term.  If  the  board  of  trustees  shall  fail  for  three  months 
to  elect  its  members  in  accordance  with  the  provisions  of 
this  act,  the  city  council  of  the  city  of  Fitchburg  shall 
forthwith  proceed  to  an  election  by  concurrent  vote.  No 
member  of  the  board  as  such  shall  receive  compensation 
Funds,  etc.,  for  his  scrviccs.  And  the  city  of  Fitchburg  is  hereby 
TnYands^o'f'^''  authorizcd  and  empowered  to  place  in  trust  in  the  hands 
of  the  trustees  of  said  corporation  all  funds,  gifts  and 
bequests,  which  are  or  may  be  held  by  it  for  the  purpose 
of  establishing  and  maintaining  said  hospital,  especially 
all  sums  it  may  from  time  to  time  receive  from  the  trustees 
appointed  under  the  will  of  Gardner  S.  Burbank  late  of 
said  Fitchburg,  deceased.  And  said  corporation  shall, 
upon  the  acceptance  of  this  act  by  the  city  council  as 
hereinafter  provided,  receive  and  hold  all  past  and  future 
bequests  and  gifts  that  may  be  made  for  the  maintenance 
of  said  hospital,  and  the  same  shall  be  appropriated,  held 


trustees. 


1890.  —  Chapter  422.  387 

and  used  by  said  corporation  for  the  sole  use  and  purpose 
aforesaid  as  a  trust  in  l)ehalf  of  and  for  the  inhabitants  of 
said  city,  and  to  such  other  persons  as  may  be  permitted 
to  enjo}^  the  benefits  of  said  hospital  in  pursuance  of  the 
provisions  of  said  will.     And  said  trustees  shall  render  to  To  make  au- 
the  city  council  annually  in  the  month  of  January  a  report  °he^cuy°' 
of  their  proceedings,  with  a  statement  of  the  condition  of  '^o^""'- 
the  hospital,   the  property  and  funds  pertaining  to   the 
same,  with  an  accurate  account  of  all  receipts  and  expen- 
ditures, together  with  such  other  information  or  sugges- 
tions they  may  deem  desirable  or  the  city  council  may  at 
any  time  require.     And  said  trustees  shall  in  behalf  of 
said  city  carefully  and  considerately  carry  into  execution 
the  generous  plan  of  the  testator  as  contemplated  by  the 
said  will. 

Section  4.     And  said  trustees  shall  appoint  a  treasurer,  to  appoint  a 
and  shall  require  of  him  a  bond  with  satisfactory  sureties  ehaii  give'  bond. 
in  the  penal  sum  of  not  less  than  twenty-five  thousand 
dollars  for  the  faithful   discharge  of  his  duties,  and  his 
books  of  accounts  and  vouchers  shall  at  all  times  be  open 
to  the  trustees  aforesaid,  or  any  one  of  them. 

Sectiox  5.     The  trustees  shall  appoint  a  clerk  whose  To  appoint  a 
duty  it  shall  be  to  keep  a  full  and  fair  record  of  the  pro- 
ceedings of  the  board,  and  to  discharge  such  other  duties 
as  they  shall  from  time  to  time  prescribe.     The  compen-  compensation. 
sation  of  the  treasurer  and   clerk   shall   be   fixed   by  the 
board  of  trustees. 

Sectiox  6.  The  trustees  shall  have  full  power  to  elect  J^^^^^^^^Z^"" 
such  other  officers  as  they  may  from  time  to  time  think  officers,  etc. 
necessary  or  expedient,  and  to  determine  and  appoint  the 
tenure  of  their  ofiices,  and  of  those  of  the  treasurer  and 
clerk ;  to  remove  any  trustee  who  shall  be  incapable 
through  age,  infirmity  or  otherwise  for  the  discharge  of 
his  duties  as  said  trustee,  or  who  b}''  unreasonable  ab- 
sence from  the  meetings  of  the  board  shall  fail  to  dis- 
charge the  duties  of  his  ofiice,  and  generally  to  do  all  acts 
and  things  necessary  or  expedient  to  be  done  for  the  pur- 
pose of  carrying  into  full  effect  the  provisions  and  pur- 
poses of  this  act. 

Sectiox  7.     It    shall  be  the  duty  of  the  trustees  to  investment  of 
safely  and  securely  invest,  or  to  hold  invested,  the  trust 
funds  derived  under  said  will  or  otherwise,  and  they  shall 
have  regard  at  all  times  to  all  the  provisions  of  said  will 
affecting   said   trust   and   the    desire    of  the   testator   as 


388  1890.  —  Chapter  422. 

expressed   therein,    and   particuliirly  to   the    suggestions 
made  in  the  following  extract  therefrom  :  — 

EXTRACT  FROM  THE  WILL  OF  GARDNER  S.  BURBANK. 

^^u^t^n°'^}  And  the  remainder  of  said  principal  not  hereinbefore 

will  of  Gardner  ,l  i.  •i-mit 

s.  Burbank.  disposcd  of  undcr  the  precedmg  provisions  of  this  will  I 
direct  my  trustees  to  pay  over  to  the  city  of  Fitchburg  as 
far  as  and  as  fast  as  it  is  released  from  the  charges  and 
annuities  hereinbefore  created,  for  the  founding  and  main- 
taining of  a  hospital  for  the  care  of  the  sick.  And  while 
I  do  not  wish  to  embarrass  this  gift  with  provisions  and 
restrictions,  but  desire  that  the  city  shall  carefully  and 
considerately  carry  my  plan  into  execution,  believing  that 
founders  of  benevolent  institutions  like  the  one  I  contem- 
plate often  create  great  difficulties  by  endeavoring  to  settle 
in  advance  the  details  of  the  work  they  have  projected, 
still  I  wish  to  indicate  in  general  terms  two  purposes 
which  I  desire  to  have  executed.  First:  —  I  desire  that 
a  substantial  and  commodious  hospital  building  shall  be 
erected ;  and  as  I  trust  that  my  charity  may  survive  and 
do  good  to  the  poor  and  sick  for  many  generations,  and 
also  believe  that  the  city  of  Fitchburg  will  in  time  be  a 
large  and  prosperous  city,  I  would  suggest  that  the  sum 
of  at  least  one  hundred  thousand  dollars  be  devoted  to 
the  purchase  of  the  necessary  land  and  the  erection  of  the 
structure.  And  I  also  request  and  direct  that  while  those 
who  are  able  to  pay  for  the  services  rendered  them  in  the 
hospital  may  be  subjected  to  such  moderate  and  reason- 
able charo;e  as  is  usual  in  such  cases  in  similar  charitable 
institutions,  those  on  the  other  hand  who  are  in  poverty 
and  sickness  shall  ever  be  received  and  cared  for  kindly 
and  tenderly  "without  money  and  without  price"  and 
without  regard  to  color  or  nationality.  It  is  by  the 
request  of  my  wife,  whose  good  judgment  has  so  greatly 
aided  me  in  all  the  affairs  and  purposes  of  my  life,  that  I 
w^as  led  to  make  the  foregoing  provision  for  the  founda- 
tion of  a  hospital. 

To  take  effect         Section  8.     This  act  shall  take  effect  whenever  it  shall 

upon  accept- 
ance, be  accepted  by  a  concurrent  vote  of  the  board  of  aldermen 

and  common  council  of  the  city  of  Fitchburg. 

Trust  created  SECTION  9.     Nothing  in  this  act  contained  shall  be  held 

by  will  not  to  be  ,  .  .  ~  'i-iiii 

impaired.  to  aitcr  or  impair  any  trust  created  by  said  will.     And 

the  corporation  hereby  created,  acting  through  its  trustees 


1890.  —  Chapter  423.  389 

and  proper  officers,  shall  1)e  deemed  the  agent  of  said  city 
of  Fitchburg  for  the  proper  execution  of  all  trusts  arising 
under  the  provisions  of  said  will.  And  nothing  in  this  act 
contained  shall  be  construed  as  releasing  the  city  of  Fitch- 
burg  from  any  obligation  arising  from  the  acceptance  of 
said  bequest  under  said  will,  or  from  any  condition  made 
therein.  And  the  said  Thornton  K.  Ware  is  hereb}''  First  meeting  of 
authorized  and  empowered  to  prescribe  the  time  and  place 
for  the  holding  of  the  first  meeting  of  said  trustees  and  to 
notify  them  thereof.  Approved  June  19,  1890. 

An  Act  to  revise  the  laws  relating  to  elections.  OhciV  423 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     This  act  may  be    cited    as    the  Election  Election  Act  of 
Act  of  Eighteen  Hundred  and  Ninety.     The  term  "  state  drfdand 
election",  as  used  in  this  act,  shall  apply  to  any  election  cenain'tTrms 
held  for  the  choice  of  a  national,  state,  district  or  county  ^eflned. 
officer,   whether  for  a  full  term   or  for   the  filling  of  a 
vacancy;  and  the  term  '•  state  officer"  shall  apply  to  any 
person  to  be  chosen  by  the  qualified  voters  at  such  an 
election.     The  term  "city  election"  shall  apply  to  any 
election  held  in  a  city  for  the  choice  of  a  cit}^  officer, 
whether  for  a  full  term  or  for  the  filling  of  a  vacanc}',  and 
the  term  "city  officer"  shall  apply  to  any  person  to  be 
chosen  by  the  qualified  voters  at  such  an  election.     The 
term  "  town  election"  shall  apply  to  any  meeting  held  for 
the  election  of  town  officers,  whether  for  a  full  term  or  for 
the  filling  of  a  vacancy,  and  the  term  "  town  officer"  shall 
apply  to  any  person  to  be  chosen  by  the  qualified  voters 
at  such  *a  meeting. 

TITLE   I. 

QUALIFICATIOXS    AND    REGISTRATIOX    OF    VOTERS. 

Section  2.     Every  male  citizen  of  twenty-one  years  Qualifications 

/.  1  i/i  lOf  voters. 

or  age  and  upwards  (except  paupers,  persons  under 
guardianship  and  persons  excluded  by  article  twenty  of 
the  amendments  to  the  constitution)  who  has  resided 
within  the  state  one  year  and  within  the  city  or  town  in 
which  he  claims  a  right  to  vote  six  months  next  pre- 
ceding any  election  of  state,  city  or  town  officers,  of 
representatives  to  congress,  or  of  electors  of  president 
and  vice-president,  and  who  has  paid,  by  himself,  his 
parent,  master  or  guardian,  a  state  or  county  tax  assessed 


390 


1890.  — Chapter  423. 


Soldier  or 
gailor  not  dis- 
qualified be- 
cause of  non- 
payment of  poll 
tax. 


Voter  to  reside 
in  district  six 
months  before 
voting  for 
representatives 
to  Congress,  etc. 


Provisos. 


Women  may 
vote  in  elections 
for  school  com- 
mittees. 


Indians  de- 
clared to  be  citi- 
zens of  the 
Commonwealth 


upon  him  in  this  state  within  two  years  next  preceding 
such  election ;  and  also  every  citizen  who  shall  be  by  law 
exempted  from  taxation,  and  who  shall  be  in  all  other 
respects  qualified  as  above  mentioned ;  and  also  every 
citizen  included  in  article  twenty-eight  of  the  amendments 
to  the  constitution,  shall  have  a  right  to  vote  in  all  such 
elections  ;  and  no  other  person  shall  have  such  right  to 
vote,  except  as  provided  in  section  five. 

Section  3.  No  person  having  served  in  the  army  or 
navy  of  the  United  States  in  time  of  war,  and  having 
been  honorably  discharged  from  such  service,  if  otherwise 
qualified  to  vote,  shall  be  disqualified  therefor  on  account 
of  being  a  pauper,  or  if  a  pauper  because  of  the  non-pay- 
ment of  a  poll  tax. 

Section  4.  In  an  election  of  representatives  to  con- 
gress, no  person  shall  be  allowed  to  vote  unless  he  has 
resided  in  the  congressional  district  where  he  oflers  to 
vote  six  months  next  preceding  such  election,  and  is 
otherwise  qualified  according  to  the  constitution  and  laws  : 
provided,  that  when  the  state  is  districted  anew  for  mem- 
bers of  congress  he  shall  have  the  right  so  to  vote  in  his 
district  according  to  such  new  arrangement ;  and  pro- 
vided, also,  that  no  voter  residing  in  a  city  which  now  is 
or  hereafter  may  be  divided  by  the  line  between  con- 
gressional districts  shall  be  deprived  of  his  vote  in  the 
district  in  which  he  was  assessed  or  liable  to  assessment 
on  the  first  day  of  May  next  preceding  such  congressional 
election,  if  he  is  otherwise  qualified. 

Section  5.  Every  woman  who  is  a  citizen  of  this 
Commonwealth,  of  twenty-one  years  of  age  and  up-, 
wards  (except  paupers,  persons  under  guardianship  and 
persons  excluded  by  article  twenty  of  the  amendments 
to  the  constitution)  who  has  resided  within  the  state 
one  year  and  within  the  city  or  town  in  which  she  claims 
a  right  to  vote  six  months  next  preceding  any  election  of 
school  committees,  and  who  has  paid  by  herself,  her 
parent,  guardian  or  trustee,  a  state,  county,  city  or  town 
tax  assessed  upon  her  or  her  trustee  in  this  state  within 
two  years  next  preceding  such  election,  shall  have  a  right 
to  vote  in  all  such  elections  for  members  of  school  com- 
mittees. 

Section  6.  All  Indians,  and  people  of  color  here- 
tofore known  and  called  Indians,  within  this  Common- 
wealth,   are   made   and    declared   to  be    citizens  of    the 


1890.  —  Chapter  423.  391 

Commonwealth,  and  entitled  to  all  the  rights,  privileges 
and  imnninities,  and  sul)ject  to  all  the  duties  and  lial)ili- 
ties,  to  which  citizens  of  this  Commonwealth  are  entitled 
or  subject. 

Section  7.     Every  male  inhabitant  of  a  city  or  town,  Pei-eonsex- 

11  n  •     1^         •j_  1  j_         '  empted  from 

Avho,   by   reason    oi   age,  mnrmity    and    poverty   is    ex-  taxation. 
empted  from  taxation  under  the  twelfth  clause  of  section 
live  of  chapter  eleven  of  the   Public   Statutes,  shall  be 
deemed  to  be  exempted  l)y  law  within  the  meaning  of 
article  three  of  the  amendments  to  the  constitution. 

Section  8.     The  collectors  of  state  and  county  taxes  collectors  of 
in  each  city  and  town  shall  keep  an  accurate  account  of  taxes'to  keep 
the  names  of  all  persons  from  whom  they  receive  payment  countfaifd  to 
of  any  state  or  county  tax,  and  of  the  time  of  such  pay-  upoV^eqlfes^. 
ment,  and  upon  request  shall  deliver  to  the  person  paying 
the  same  a  receipt  specifying  his  name  and  the  time  of 
payment,  and  such  receipts  shall  be  admitted  as  presump- 
tive evidence  thereof. 

Section  9.     The  collectors,  whether  the  time  for  which  to  return  to 
they  were  chosen  has  expired  or  not,  shall,  twice  in  each  voters  namea  of 
year,  namel}^  once  not  more  than  twenty-five  nor  less  have°paidta°x. 
than  twenty  days  before  the  annual  city  or  town  elections, 
and  once  not  more  than  sixty  nor  less  than  fifty  days  be- 
fore the  Tuesday  next  after  the  first  Monday  in  November, 
return  to  the  registrars  of  voters  of  their  respective  cities 
and  towns  an  accurate  list  of  all  persons  from  whom  they 
have  received  payment  of  any  state  or  county  tax  since 
the  time  appointed  for  making  their  last  preceding  return. 

Section  10.     Every  collector  neglecting  to  make  such  Penalty  for  not 
return  shall  forfeit  one  hundred  dollars  for  each  neglect,  "^^'"s""™- 
and  twenty  dollars  for  every  name  in  respect  to  which  he 
makes  a  false  return. 

Section  11.     The  assessors  of  taxes  in  person  or  by  Assessors  to 
their  assistant  assessors  shall,  in  the  month  of  May  or  ^e'isonsVabie to 
June  in  each  year,  visit  each  dwellino:-house  or  building  pay » po"  ^'»^- 
in  their  respective  cities  or  towns,  and  shall  make  true 
lists  of  all  male  persons  twenty  years  of  age  and  upwards, 
liable  to  be  assessed  for  a  poll  tax,  returned  to  them  by 
the  owners  or  occupants  of  such  dwelling-houses  or  build- 
ings as  residing  therein,  and  also   of  all  women  twenty  List  of  women 
years  of  age  and  upwards,  who  shall  in  writing  over  their  assessed.'^*' 
own  signatures  request  the  assessors  to  assess  them  for  a 
poll  tax,  and  it  shall  be  the  duty  of  the  assessors  to  inquire 
at  each  such  dwellinsf-house  or  buildins:  for  such  written 


392 


1890.  —  Chapter  423. 


Assessors  to 
furnish  iists, 
etc.,  to  regis- 
trars of  voters. 


Penalty  on 
assessor  for  en- 
tering name  of 
person  on  list 
not  a  resident 
of  building 
wherein 
assessed. 


Penalty  on 
tavern  keeper 
or  master,  etc., 
of  dwelling- 
house  for  not 
giving  full  and 
true  informa- 
tion. 


requests  for  assessment.  The  assessors  shall  ascertam,  as 
nearly  as  may  be,  and  include  in  such  lists  the  age  and 
occupation  of  all  persons  so  liable  or  desiring  to  be 
assessed,  together  with  their  residences  and  voting  pre- 
cincts on  the  first  day  of  jNlay  of  the  current  and  the 
preceding  years.  The  assessors  shall  furnish  such  original 
lists  or  certified  copies  thereof  to  the  registrars  of  voters 
of  their  respective  cities  or  towns,  from  time  to  time,  be- 
fore the  fifteenth  day  of  July  ensuing ;  and  such  assessors 
and  the  collectors  of  taxes  shall  furnish  any  further  infor- 
mation m  their  possession  necessary  to  aid  the  registrars 
and  assistant  registrars  in  the  discharge  of  their  respective 
duties. 

Section  12.  Any  assessor  or  assistant  assessor  who 
shall  knowingly  enter  or  knowingly  cause  or  allow  to  be 
entered,  on  the  list  of  assessed  polls,  the  name  of  any 
person  not  an  actual  resident  of  the  dwelling-house  or 
building  wherein  he  is  assessed,  shall  be  punished  for  each 
oflence  by  fine  not  exceeding  five  hundred  dollars  or 
imprisonment  in  the  house  of  correction  or  county  jail  for 
a  term  not  exceeding  six  months ;  and  any  person  who 
shall  knowingly  give  to  an  assessor  or  assistant  assessor, 
for  the  purpose  of  such  assessment,  the  name  of  any  per- 
son as  a  resident  of  the  house  in  which  his  name  is  given 
who  is  not  a  resident  of  said  house,  shall  be  punished 
for  each  offence  by  fine  not  exceeding  one  hundred  dollars 
or  imprisonment  in  the  house  of  correction  or  county  jail 
for  a  term  not  exceeding  three  months. 

Sectiox  13.  Every  keeper  of  a  tavern  or  boarding- 
house,  or  master  or  mistress  of  a  dwelling-house  shall, 
upon  application  of  an  assessor  or  assistant  assessor  of 
the  city  or  town  wherein  such  house  is  situated,  give  full 
and  true  information  of  the  names  of  all  persons  residing 
therein  and  liable  to  be  assessed  for  a  poll  tax.  Every 
such  keeper,  master  or  mistress  refusing  or  neglecting 
to  give  such  information  after  a  written  demand,  of  which 
this  section  shall  form  a  part,  has  been  duly  served  on 
him  in  person,  shall  be  punished  by  fine  not  exceeding 
one  hundred  dollars  or  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  three  months.  Every  person 
who  is  an  inmate  of  any  house  kept  or  controlled  by 
such  keeper,  master  or  mistress,  and  who  is  liable  to  be 
so  assessed,  who  shall  refuse  or  neglect  to  give  his  own 
name  when  required  so  to  do  b}^  an  assessor  or  assistant 


1890.  —  Chapter  423.  393 

assessor,  after  a  AA^ritten  demand,  of  which  this  section 
shall  form  a  part,  has  l)een  duly  served  on  him  in  per- 
son, shall  be  punished  by  line  not  exceeding  one  hundred 
dollars  or  imprisonment  in  the  county  jail  not  exceeding 
three  months. 

Sectiox  14.     "When  a  male  person,  on  or  before  the  Male  person 
first  day  of  October  in  any  year,  gives  notice  in  writing,  f ^bef ore  Oc\o.° 
accomi)anied  by  satisfactory  evidence,  to  the  assessors  of  ^fa'g^anVnhahH^ 
a  city  or  town   that  he  was  on  the  first  day  of  May  of  an'onfirst 
that  year  an  inhabitant  thereof  and  liable  to  pay  a  poll  etc.,  may  be 
tax,   and  furnishes  under  oath  a  true  list  of    his   polls 
and    estate,  both   real    and   personal,    not   exempt    from 
taxation,  the  assessor  shall  assess  him  for  his  polls  and 
estate  :  but  such  assessment  shall  be  subject  to  the  pro- 
visions of  section  seventy-three  of  chapter  eleven  of  the 
Public  Statutes.     And  the  assessors   shall,  on  or  before 
the  fifth  day  of  October,  deposit  with  the  registrars   of 
voters  or  board  charged  with  the  preparation  of  the  list 
of  voters  of  the  city  or  town  a  list  of  the  persons    so 
assessed.     The  taxes  so  assessed  shall  be  entered  in  the 
tax  list  of  the  collector  of  the  city  or  town,  and  he  shall 
collect  and  pay  over  the  same  in  the  manner  specified  in 
his  warrant. 

Section  15.  Any  woman  who  is  a  citizen  of  this  a  woman  giv. 
Commonwealth  may,  on  or  before  the  first  day  of  Octo-  mfy^be''^'  ^"^'' 
ber  in  any  year,  give  notice  in  writing,  accompanied  asseased. 
by  satisfactory  evidence,  to  the  assessors  of  a  city  or 
town  that  she  was  on  the  first  day  of  May  of  that  year 
an  inhabitant  thereof  and  that  she  desires  to  pay  a  poll 
tax,  and  to  furnish  under  oath  a  true  list  of  her  estate, 
both  real  and  personal,  not  exempt  from  taxation,  and 
she  shall  thereupon  be  assessed  for  her  poll,  not  exceed- 
ing fifty  cents,  and  for  her  estate,  and  the  assessors  shall, 
on  or  before  the  fifth  day  of  October,  return  her  name 
to  the  registrars  of  voters  or  board  charged  with  the 
preparation  of  the  list  of  voters  of  the  city  or  town  in 
the  list  of  the  persons  so  assessed.  The  taxes  so  assessed 
shall  be  entered  in  the  tax  list  of  the  collector  of  the  city 
or  town,  and  he  shall  collect  and  pay  over  the  same  in 
the  manner  specified  in  his  warrant. 

Section  16.     When   a   person   makes    application   to  Assessment  of 
the  assessors  of  a  city  or  town  to  be  assessed  a  poll  tax  Fn  miiitat/oP 
for  the  year  then  current,  and  it  appears  that  the   appli-  "^^^i  semce. 
cant  was  on  the  first  day  of  May  preceding  an  inhabit- 


394 


1890.  — Chapter  423. 


Sessions  of 
assessors  for 
making  assess- 
ments. 


Board  of  regis- 
trars of  voters. 


ant  thereof  and  liable  to  pay  a  poll  tax,  but  was  not 
assessed  theretbr,  and  that  he  is  or  has  been  during  any 
portion  of  the  two  years  preceding  such  application 
engaged  in  the  military  or  naval  service  of  the  United 
States,  the  assessors  shall,  provided  the  applicant  has 
returned  from  said  service  subsequent  to  the  time  fixed 
by  law  for  the  close  of  assessment  of  taxes,  forthwith 
assess  such  tax,  and  notify  the  treasurer  of  such  city  or 
town  of  the  assessment ;  and  the  person  so  assessed 
shall  upon  payment  of  said  tax  have  the  same  right 
to  be  registered  and  vote  in  said  city  or  town  as  if  his 
tax  had  been  regularly  assessed. 

Section  17.  Assessors  of  taxes  in  cities  shall  be  in 
session  until  ten  o'clock  on  the  last  three  afternoons  of 
the  periods  in  each  year  in  which  persons  may  be 
assessed  for  the  payment  of  taxes  in  accordance  with 
the  two  preceding  sections  ;  and  in  towns  assessors  of 
taxes  shall  be  in  session  until  ten  o'clock  on  the  last 
afternoon  of  such  period. 

Section  18.  The  selectmen  of  each  town,  by  a 
writing  signed  by  them  or  by  a  majority  of  them,  and 
filed  with  the  town  clerk,  and  the  mayor  of  each  city, 
subject  to  the  approval  of  the  board  of  aldermen,  shall 
appoint  three  able  and  discreet  persons,  qualified  voters 
in  said  city  or  town,  who  shall  hold  no  other  office  or 
position  by  election  or  appointment  in  said  city  or  town, 
who  shall  constitute,  together  with  the  city  or  town  clerk 
for  the  time  being,  a  board  of  registrars  of  voters. 
When  a  board  of  registrars  of  voters  is  first  appointed, 
as  hereinafter  provided,  one  of  the  registrars  shall  be 
Terms  of  office,  appointed  to  scrvc  for  the  term  of  three  years,  one  for 
the  term  of  two  years  and  one  for  the  term  of  one  year 
from  the  first  day  of  May  then  next  ensuing  ;  and  in  the 
manner  aforesaid,  the  mayor  of  each  city  and  select- 
men of  each  town  shall  in  the  month  of  March  or  April 
in  each  3'ear  appoint  one  person,  qualified  as  aforesaid,  to 
be  a  registrar  of  voters  for  the  term  of  three  3'ears  from 
the  first  day  of  May  then  next  ensuing  and  until  another 
is  appointed  in  his  place.  In  case  of  a  vacancy  occur- 
ring by  reason  of  the  death,  resignation  or  removal  from 
office  of  any  one  of  the  registrars  appointed,  as  afore- 
said, during  the  term  for  which  he  is  appointed,  the 
mayor  or  selectmen  in  the  manner  aforesaid  shall  appoint 
a  person,  qualified  as  aforesaid,  for  the  residue  of  said 


Vacancies. 


1890.  — Chapter  423.  395 

term.     The  members   of  said  board   shall   equally  rep-  Members  to 

1  T    •        1  ■•  1   •    1  ^    ^1         1  Vl  equally  repre- 

resent  the  two  political   parties   which   cast  the  largest  sent  the  largest 
number  of  votes  in  the  Commonwealth  at  the  annual  parties!""'* 
election  next  preceding  their  appointment,  and  not  more 
than  two  of  them  shall  be  of  the  same  political  party. 
Except  as  hereinafter  provided,  the  city  or  town  clerk  city  or  town 

clork  to  bs  clcrls 

shall  act  as  clerk  of  the  said  board,  shall  keep   a  full  of  the  board. 
and  faithful  record  of  its  proceedings,  and  procure  the 
serving  or  posting  of  such  notices  as  the  registrars  may 
require. 

Section  19.  In  any  city  which  has  accepted  the  pro-  Board  of  regis- 
visions  of  chapter  sixty-nine  of  the  acts  of  the  year  in  certain 
eighteen  hundred  and  eighty-nine,  or  which  shall,  by  '^'"^*" 
vote  of  the  city  council  approved  by  the  mayor,  accept 
the  provisions  of  this  section,  the  mayor  shall,  in  the 
month  of  March  or  April  of  or  following  such  accept- 
ance, appoint  two  able  and  discreet  persons,  qualified 
voters  in  such  city,  who  shall  hold  no  other  office  or 
position  by  election  or  appointment  in  said  city,  to  be 
members  of  the  board  of  registrars  of  voters  of  said  city  ; 
one  of  whom  shall  hold  his  office  for  the  term  of  three 
years  from  the  first  day  of  May  then  next  ensuing  and 
until  another  is  appointed  in  his  place,  and  the  other  for 
the  term  of  four  years  from  said  first  day  of  May  and 
until  another  is  appointed  in  his  place  ;  and  in  the  same 
manner  the  mayor  of  such  cit}'  shall,  in  the  month  of 
March  or  April  in  each  year  after  the  foregoing  appoint- 
ments, appoint  one  person,  qualified  as  aforesaid,  to  be  a 
registrar  of  voters  for  the  term  of  four  years  from  the  first 
day  of  May  then  next  ensuing  and  until  another  is  ap- 
pointed in  his  place.  The  city  clerk  of  such  city  shall 
cease  to  be  a  member  of  the  board  of  registrars  of  voters 
on  and  after  the  first  day  of  May  in  the  year  of  the  first 
appointment  named  in  this  section.  During  the  month  of 
May  in  each  year  following  the  acceptance  of  this  sec- 
tion and  before  any  other  business  is  transacted,  said 
board  of  registrars  shall  choose  one  of  their  number  to 
be  and  act  as  clerk,  who  shall  keep  a  full  and  complete 
record  of  its  proceedings  and  perform  all  acts  heretofore 
required  by  law  of  the  city  clerk  acting  as  clerk  of  the 
board  of  registrars  of  voters  in  such  city.  Except  as 
herein  provided,  the  board  of  registrars  of  voters  of  any 
such  city  shall  do  and  perform  all  things  required  of 
registrars  of  voters  of  cities  and  shall  receive  the  same 


396 


1890.  —  Chapter  423. 


When  member 
of  board  is 
absent,  mayor 
or  selectmen 
may  tempora- 
rily fill  vacancy . 


Balance  of 
political  parties 
to  be  preserved 
in  composition 
of  board. 


Registrars  thus 
appointed  to 
perform  duties 
of  existing 
boards. 


compensation,  and  shall  equally  represent  the  two  polit- 
ical parties,  as  provided  in  this  title. 

Section  20.  Whenever  any  member  of  the  board 
of  registrars  of  voters  shall  be  incapacitated  by  sickness 
or  other  cause  from  performing  the  duties  of  his  office, 
or  shall  be  absent,  at  the  time  of  any  meeting  of  said 
board,  from  the  cit}'  or  town  in  which  he  is  appointed, 
the  selectmen  of  such  town  by  a  writing  signed  by  them 
or  a  majority  of  them,  or  the  mayor  of  such  city,  may, 
upon  the  request  in  writing  of  a  majority  of  the  remain- 
ing members  of  said  board  of  registrars,  appoint  some 
person,  qualified  as  provided  in  this  title,  temporarily  to 
fill  the  vacancy  caused  as  aforesaid.  The  person  so 
appointed  shall  be  of  the  same  political  party  as  the  mem- 
ber of  said  board  of  registrars  whose  position  he  tempo- 
rarih'  fills.  Such  temporary  registrar  shall  perform  the 
same  duties,  have  the  same  powers  and  be  subject  to 
the  same  requirements,  restrictions  and  penalties  from 
the  date  of  his  appointment  and  during  the  time  he  holds 
his  office  as  are  now  provided  by  law  for  duly  appointed 
and  qualified  registrars  of  voters. 

Section  21.  Whenever  upon  written  complaint  to 
the  mayor  of  any  city  or  selectmen  of  any  town  it  shall, 
after  notice  and  hearing,  have  been  determined  that  the 
city  or  town  clerk  and  the  two  registrars  of  voters  whose 
terms  of  office  do  not  expire  that  year  represent  the  same 
political  party,  the  said  mayor  or  selectmen  shall  remove 
from  office  the  registrar  other  than  said  clerk  whose  term 
would  expire  in  the  succeeding  year.  Whenever  upon 
written  complaint  to  the  maj'or  of  any  city  or  selectmen 
of  any  town  it  shall,  after  notice  and  hearing,  have  been 
determined  that  a  registrar  of  voters  other  than  the  city 
or  town  clerk  has  ceased  to  act  with  the  political  party 
which  he  was  appointed  to  represent,  the  said  mayor  or 
selectmen  shall  remove  him  from  office.  All  vacancies 
occurring  under  this  section  shall  be  filled  in  accordance 
with  the  provisions  of  section  eighteen  of  this  act. 

Section  22.  The  registrars,  appointed  as  hereinbe- 
fore provided,  shall  perform  all  the  duties  in  relation  to 
the  registration  of  voters  now  imposed  upon  existing 
boards  of  registration,  and  shall  before  entering  upon 
the  duties  of  their  office  take  and  subscribe  an  oath 
faithfully  to  perform  the  same.  They  shall  receive  such 
compensation  as  the  city  council  or  selectmen  may  from 


1890.  — Chapter  423.  397 

time  to  time  determine  ;  but  such  compensation  shall  not 
be  reg-ulated  by  the  number  of  names  registered  on  any 
list  of  voters,  and  any  reduction  of  compensation  shall 
take  effect  upon  such  registrars  only  as  are  appointed 
after  such  reduction.  The  city  council  or  selectmen  shall 
furnish  othce  room  for  the  registrars  and  such  aid  as  may 
be  needed  by  them. 

Section  23.     The    registrars,   at   their  first  meeting  Registrars  at 
to    make  the  register  of  voters   or    at    an    adjournment  i/ay  us^eihf 
thereof,  may  use  the  voting  lists  of  the  annual   election  innuai  deciTo'n, 
then  last  past  to  aid  them  in  forming  the  said  register;  to  aid  them,  etc. 
but  the  name  of  no   person    shall    be   placed    on    such 
register  if  objected  to  by   one   of    the  registrars   or  by 
a    qualified   voter  of  the  same   city  or  town,  unless  he 
shall  be  known  or  proved,   to  the    satisfaction    of  such 
registrars,   to  be  at  the  time  a  qualified  voter  in  such 
city  or  towm  ;  nor  shall  the  name  of  any  person  be  placed 
or  retained  on  such  register  without  the  concurrence  of 
three  of  the  four  registrars. 

Section  24.     The  recfistrars  of  voters  shall  make  and  Registerof 

1-11  -11  voters. 

keep  a  record  oi  all  persons  entitled  to  vote  at  any 
election,  which  shall  be  known  as  a  register  of  voters. 
Said  register  shall  contain  the  name  of  each  voter  written 
in  full,  or  his  first  christian  name,  or  that  name  by  which 
he  is  generally  known  written  in  full,  with  the  initial  or 
initials  of  any  other  name  or  names  which  he  may  have 
in  addition  to  his  surname,  his  age  and  place  of  birth, 
the  street  or  place  in  the  town  or  city  where  he  resided 
on  the  first  day  of  May  and  at  the  time  of  registration, 
the  date  of  said  registration,  his  occupation  and  place  of 
business  or  employment,  and  such  other  particulars  as 
may  be  necessary  fully  to  identify  him. 

Section  25.      The    assessors  of  taxes  of  each    city  Assessors  in 

.■n  1/-  ^  nr  11  r  t     ^        •  1  cities  and  certain 

shall,  on  or  beiore  the  fiiteenth  dav  oi  July  m  each  year,  towns  to  cause 

1'  f*     ^  1*  ••  1      slr6Gt  lists  of 

ists  01  the  several  voting  precincts  m  such  the  several  pre- 

city  to  be  compiled  and  printed  in  pamphlet  form  for  prlnled?^^ 
public  distribution.  Said  compilation  shall  be  by  pre- 
cincts separately,  not  exceeding  fifty  copies  for  each, 
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  location  of  the  dwelling  place  as  will 
enable  it  to  be  readily  ascertained,  the  names  of  all  per- 
sons resident  in  each  dwelling  and  assessed  for  poll  taxes. 
The   assessors  of  taxes   of  every  town  having  over  five 


398  1890.  —  Chapter  423. 

thousand  inhabitants  according  to  the  last  state  or  national 
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  readil}^  ascertained,  the  names  of  all  persons  resident 
in  each  dwelling  and  assessed  for  poll  taxes.  The  assess- 
ors of  such  cities  and  towns  shall  send  such  number  of 
copies  of  the  street  lists  as  may  be  required  by  the  board 
of  registrars  of  voters  to  the  clerk  of  said  board. 
Assessors  in  Section  26.     The   asscssors  of  taxes  in  each  town 

towns  to  cause  -^  ,. 

certified  lists  of  shall,  ou  or  bcforc  the  first  day  ot  August  m  each  year, 
ses's^e^d  foTpoii    causc   printed  or  written  lists  of  all    persons   assessed 
poltedf^^         therein   for  the   payment  of  poll  taxes  to  be  prepared, 
and  to  be  conspicuously  posted  in  two  or  more  public 
places   in   such  town.     In   a  town   divided  into  voting 
precincts,  separate  lists  for  each  precinct  shall  be  so  pre- 
pared and  posted  in  each  voting  precinct.     The  names 
of  the  persons  assessed  shall  be  arranged  in  alphabetical 
order,  and    the  lists   shall  as   far  as   practicable  be   so 
made   as  to  show  by  reference  to  streets  and  numbers 
thereon,  or  to  roads,  or  by  such  other  definite  description 
as  may  be  possible,  the  location  of  the  residence  of  each 
person  so  assessed.     All  such  lists  shall  be  duly  certi- 
fied by  the  assessors. 
Registrars  to  Section   27.     The  registrars    of  voters    shall    cause 

notices  concern-  propcr  uoticcs  to  be  published  or  posted,  and  proper 
^ng  registration,  QppQJ^.(■^nity  givcu  to  all  pcrsous,  at  Icast  twenty  days 
before  the  annual  city  or  town  election  and  at  least  thirt}^ 
da3-s  before  the  Tuesday  next  after  the  first  Monday  in 
November  annually,  to  present  themselves  for  registra- 
tion ;  and  thereafter  before  registering  any  person  whose 
qualifications  have  not  been  determined  by  them  within 
four  3^ears  next  preceding  his  application,  they  shall 
examine  him  under  oath  in  regard  to  his  qualifications 
to  vote,  and  shall  require  such  person  to  write  his  name 
in  the  register  and  read  in  the  official  edition  thereof  at 
least  three  lines  of  the  constitution,  other  than  the  title, 
in  such  manner  as  to  show  that  he  is  not  prompted  nor 
reciting  from  memory,  before  they  place  his  name  on  said 


1890.  —  Chapter  423. 


399 


register,  unless  such  person  is  exempted  by  article  twenty 
of  the  amendments  to  the  constitution. 

Section  2(S.  Registrars  and  assistant  registrars  of 
voters  shall  before  adding  any  name  to  the  list  of  regis- 
tered voters  announce  the  same  in  a  distinct  tone  of 
voice,  clear  and  audible  ;  and  any  registrar  or  assistant 
registrar  who  shall  wilfully  violate  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  not  more  than  three 
hundred  dollars  for  each  offence. 

Section  29.  After  the  lists  of  qualified  voters  are 
printed  and  posted  as  now  required  by  law  no  name 
shall  be  added  thereto,  unless  the  applicant  for  registra- 
tion appears  in  person  before  the  registrars  or  assistant 
registrars  and  proves  his  claim  to  be  registered. 

Section  30.  The  secretary  of  the  Commonwealth 
shall  furnish  to  each  board  of  registrars  applying  there- 
for, at  cost  price,  suitable  blank  books  for  said  registra- 
tion, and  said  books  shall  be  uniform  in  character  and 
shall  contain  eleven  blank  columns  with  uniform  head- 
ings in  the  following  form  :  — 


Before  name  is 
added  to  list  the 
same  to  be  an- 
nounced in  a 
clear  and  audi- 
ble voice. 


Addition  of 
names  after  list 
is  posted. 


Blank  books  for 
registration  to 
be  furnislied  by 
the  secretary. 


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Section  31.     If  the  registrars  are  not  satisfied  as  to  Registrars  may 
the  identity  or  qualifications  of  any  applicant  for  regis-  identity,  etc.,  of 
tration,  they  may  make  such  examination  of  such  appli-  ^pp'^'=^°'- 
cant   under   oath    as    they    may    consider   necessary   or 
proper  to   verify  the  fact  that  he  is    possessed    of  the 
constitutional  requirements  of  a  voter. 

Section  32.     If  any  person  who  will  become  twenty- Registration  of 
one  years  of  age  before  the  election  next  ensuing  shall  ''^'^^°°  ^^ 
make   application   to    the    registrars    for  registration    in 
order  to  entitle  him  to  vote   at  such   election,  he  shall  election. 
be   examined  under  oath   and  admitted  to  registration, 
provided  the  registrars  shall  be  satisfied  that  he  will  be 
of  age  before  such  election,  and  that  he  has  the  other 
constitutional  qualifications  of  a  voter  and  is  the  iden- 
tical person  he  professes  to  be. 


person 
become  twenty- 
one  years  of 
age  before  next 


400  1890.  —  Chapter  423. 

Registration  in        Section   33.      If    the    assessoi's    assess   a   person   in 

wrong  precinct  _  .  i  •    i      i  i    • 

maybe  another  precinct  than  that  in  which  he  claims  to  dwell 

or  have  his  home,  such  person  may,  on  or  before  the 
time  fixed  by  law  for  the  close  of  registration  in  any 
year,  file  Avith  the  registrars  of  voters  a  notice  of  his 
claim  to  be  registered  in  some  other  precinct,  specifying 
the  same,  and  as  soon  as  may  be  after  receipt  of  said 
notice  said  board  shall  notify  said  person,  fixing  a  time 
and  place  of  hearing ;  and  after  such  hearing  they  may 
change  the  precinct  of  registry,  if  need  be,  in  any  case ; 
and  they  shall  forthwith,  after  such  change,  give  notice 
thereof  to  the  assessors,  who  shall  make  the  correspond- 
ing change  in  the  official  record  of  their  department ; 
and  the  name  of  no  person  shall  be  registered  in  any 
other  precinct  than  that  in  which  he  was  assessed,  unless 
a  claim  for  such  registration  is  filed  as  provided  in  this 
section. 
In  cities,  except  SECTION  34.  Ill  the  scvcral  citics  of  the  Common- 
tion  of  errors  in  Wealth,  cxccpt  the  city  of  Bostoii,  coiTcctions  of  errors 
m^eVy  the  in  names  upon  tax  bills  of  persons  assessed  shall  be  made 
reg^stTa^s""^  ^^Y  ^^®  board  of  assessors  upon  such  tax  bills  and  also 
upon  forms  of  certificates  prepared  for  the  purpose,  on 
personal  application  of  the  persons  assessed,  or  such  cor- 
rections may  be  made  by  the  board  acting  as  registrars 
of  voters  when  application  is  made  to  them  by  the  per- 
sons assessed  for  the  purpose  of  registering  as  voters  ; 
and  every  tax  bill  so  changed,  together  with  the  certi- 
ficate, shall  be  stamped  with  an  official  stamp  of  the 
board  making  such  change,  before  the  person  whose  tax 
bill  is  so  changed  shall  be  allowed  to  register  as  a  voter. 
All  certificates  of  names  so  changed  shall  be  sent  to  the 
collector  of  taxes,  who  shall,  as  soon  as  may  be  after  the 
first  day  of  January  in  each  year,  make  corresponding 
changes  or  corrections  on  the  list  of  assessed  polls  com- 
mitted to  him  by  the  board  of  assessors.  The  collector 
shall  also  transmit  said  certificates  to  the  board  of  assess- 
ors, who  shall,  before  the  first  day  of  March  in  each 
year,  make  corresponding  changes  or  corrections  on  the 
proper  books  in  their  department. 
Alphabetical  SECTION   35.     The  registrars  of  voters  shall,  at  least 

be  po°8ted. "^"^^  °  twenty  days  before  the  annual  city  and  town  elections, 
and  at  least  thirty  days  before  the  Tuesday  next  after  the 
first  Monday  in  November  annually,  make  correct  alpha- 
betical lists  of  all  the  persons  qualified  to  vote  for  the 


1890.  —  Chapter  423.  401 

several  officers  to  be  elected  at  those  times,  which  lists 
in  cities  shall  be  by  precincts  separately  ;  and  shall,  at 
least  twenty  days  before  the  annual  city  or  town  elec- 
tions, and  at  least  thirty  days  before  said  Tuesday  after 
the  first  Monday  in  November  annually,  cause  such  lists 
in  towns  to  be  posted  up  in  two  or  more  public  places, 
and  in  cities  eath  precinct  list  in  one  or  more  public 
places  in  each  precinct  respectively. 

Section  36.  The  registrars  of  voters  of  a  town  Precinct  Hstg  of 
which  has  been  divided  into  precincts  shall,  as  soon  there-  posted  Tn  towns 
after  as  may  be,  and  not  less  than  thirty  days  before  precinct's"'** 
the  day  of  the  next  succeeding  annual  election  for  officers 
other  than  town  oflBcers,  make  for  each  precinct  a  list 
of  all  the  legal  voters  resident  therein,  and  shall  at 
least  thirty  days  before  said  election  cause  each  precinct 
list  to  be  posted  up  in  two  or  more  public  places  in 
each  precinct,  and  thereafter  said  registrars  shall  make 
and  cause  to  be  posted  such  precinct  lists  in  two  or 
more  public  places  in  each  precinct  thirty  days  at  least 
before  each  annual  election  for  officers  other  than  town 
officers.  The  notice  and  information  required  by  section 
forty-four  of  this  act  shall  be  given  upon  such  lists.  Such 
lists  shall  be  used  in  each  precinct  at  all  elections  held 
therein. 

Sectiox  37.     The  names  of    women   may  be   placed  ^o^entobe 
upon  a  separate  list ;    and,  when  the  name  of  any  woman  placed  and 
has    been    placed  upon  the   list  of    voters  of  a    city   or  separate  net. 
town,    it  shall  remain  on  the    list  as  long  as    she  con- 
tinues to  reside  in  such  city  or  town,  and  has  paid   any 
state,  county,  city  or   town  tax  that  has  been  assessed 
on   her   or   her  trustee   in   this   state  within  two   years 
next  preceding  any  election. 

Section  38.     The  place  of  residence  of  each  voter,  on  piaceofresi- 
the  first  day  of  May  next  preceding  the  making  up  of  ent'eTed°on^i8t 
the   list   of  voters,    shall    be    entered    thereon    opposite  "footers. 
the  name  of  the  voter ;    in  cities  and  in  towns  divided 
into   voting  precincts   the    name  of  each   voter  shall  be 
entered  upon  the  list  of  the  precinct  in  which  he  was 
assessed,  or,  if  not  assessed,  where  he  was  liable  to  assess- 
ment.     When    a    person    becomes    an    inhabitant    of    a 
city  or  a  town  divided  into  voting  precincts  after  the  first 
day   of  May,    and    before   an   election    at    which   he   is 
entitled  to  vote,   his  name  shall  be  entered  on  the   list 
of  the  precinct  of  which  he  first  becomes  an  inhabitant. 


402  1890.  —  Chapter  423. 

peTo'ns""  Section  39.  The  clerk  or  registrar  of  deaths  of  each 
v'laM o°a*e do  ^^^^  °^  towH  shall,  on  the  first  day  of  every  month,  and 
ceased,  to  be      also  two  davs  bcforc  every  election,  send  to  the  registrars 

lurDished  to  ,-  -^    , .  ,   .    ,        t  .   .  ■,     .  i   •    i 

registrars.  01  votcrs  a  list  which,  in  citics  and  in  towns  which 
have  been  divided  into  precincts,  shall  be  by  wards  or 
precincts,  of  the  names  of  male  persons  over  twenty- 
one  years  of  age  deceased  within  the  preceding  month, 
or  since  the  last  time  of  sending  such  list,  with  the  pre- 
cinct, street  and  number,  if  any,  where  such  person  last 
resided ;  and  the  names  of  such  persons  found  upon  the 
lists  of  voters  shall  be  erased  therefrom. 

?nTpr?c'inc?To        Section  40.     At  any  election  other  than  the  annual 

another.  statc  clcction,  a  pcrsou  who  has  removed  from  one  pre- 

cinct to  another  within  the  same  city  or  town  shall  vote 
in  the  precinct  in  which  he  was  entitled  to  vote  at  the  last 
preceding  annual  state  election. 

Proceedings  Section  41.     On  complaiut  in  writing;,  under  oath, 

when  a  person  .,^..c3  ' 

is  assessed  in  a   made  bv   3.   registered  voter  of  a  city  or  town  to  the 

place  other  than  .  -  -        <=  ,  -     .  .         k  . 

his  residence,  registrars  01  votcrs  thereoi,  in  such  city  at  least  seven 
days  and  in  such  town  at  least  four  days  before  an  elec- 
tion, that  he  has  reason  to  believe,  and  does  believe, 
that  a  certain  person  whose  name  appears  on  the  list  of 
assessed  polls  of  said  city  or  town  was  not  on  the  first 
day  of  May  last  past  a  resident  at  the  house  wherein 
he  is  assessed,  and  setting  forth  his  reasons  for  such 
belief,  the  said  registrars,  if  satisfied  there  is  probable 
ground  for  such  complaint,  shall,  after  making  a  record 
of  the  same  and  giving  due  notice  to  the  person  whose 
residence  is  called  in  question,  summoning  him  to  appear 
before  them  in  the  manner  provided  in  section  fortN^-two 
of  this  act,  examine  the  charges  set  forth  in  said  com- 
plaint ;  and,  if  satisfied  that  said  charges  are  true,  they 
shall  erase  the  name  or  change  the  residence  of  such 
person,  as  the  case  may  require,  on  the  list  of  assessed 
polls  transmitted  to  them  by  the  assessors  of  such  city 
or  town,  and  shall  make  the  corresponding  change  on 
the  voting  list,  if  the  name  be  found  thereon,  and  shall 
forthwith  transmit  a  certified  copy  of  their  proceedings 
•  in  such  case  to  the  said  assessors.  And  au}^  person  so 
complained  of,  who  shall,  after  such  examination,  be 
proven  to  be  a  resident  of  such  city  or  town,  and  who  shall 
apply  for  registration,  shall  be  registered  only  in  the  place 
shown,  by  the  evidence  at  such  hearing,  to  be  his  legal 
residence  on  the  first  day  of  May  of  the  current  year. 


1890.  —  Chapter  423.  403 


Section   42.     Upon    a    complaint  in  writing,  under  ^h^Ta'^pefso 

is  illegally 
registered. 


oath,  made  by  a  registered  voter  in  a  city  at  least  seven  j.g".'/jf^,''^ 


days,  or  in  a  town  at  least  four  days  before  an  election, 
setting  forth  that  he  has  reason  to  believe,  and  does 
believe,  that  a  certain  person  is  illegally  registered, 
and  the  reasons  therefor,  the  registrars  shall  re-examine 
the  matter  of  the  registration  of  such  person,  and  if 
there  shall  appear  to  be  probable  ground  for  such 
complaint,  they  shall  make  a  record  thereof  and  shall 
summon  such  person  to  appear  before  them  and  examine 
him  under  oath  in  regard  to  the  matter  set  forth  m  the 
complaint ;  they  ma}^  hear  other  and  further  evidence 
relative  thereto,  and,  if  satisfied  that  his  name  is  entered 
upon  the  list  of  a  precinct  other  than  that  in  which  he 
ought  to  be  registered,  shall  transfer  his  name  to  the  list 
of  the  proper  precinct  and  notify  the  assessors  of  such 
change,  or,  if  satisfied  that  he  is  not  a  qualified  voter, 
they  shall  strike  his  name  from  the  list.  Said  summons 
shall  be  directed  to  the  person  named  in  said  affidavit, 
and  shall  require  him  to  appear  before  said  board  of 
registrars  at  a  time  and  place  therein  named,  which  time 
shall  be  before  the  election  next  ensuing,  then  and  there 
to  show  cause  why  his  name  should  remain  upon  the 
register  of  voters,  and  a  copy  of  this  section  shall  be 
printed  upon  the  face  of  said  summons.  Service  of  the 
summons  shall  be  made  by  an  officer  duly  qualified  to 
serve  civil  or  criminal  process,  by  delivering  to  the  person 
named  therein  a  copy  thereof  attested  by  the  officer 
who  serves  it,  or  by  leaving  such  copy  for  him  at  his 
last  and  usual  place  of  abode  known  to  the  officer,  not 
more  than  fourteen  days  nor  less  than  twenty-four  hours 
before  the  return  day  thereof;  and  such  officer  shall 
return  said  summons  to  said  registrars  before  the  return 
day  thereof,  with  a  certificate  of  service  endorsed  thereon. 
If,  after  service  of  said  summons  in  the  manner  aforesaid, 
a  person  shall  fail  to  appear  as  directed  therein,  without 
sufficient  cause  being  shown  therefor,  his  name  shall 
be  stricken  from  the  register  of  voters. 

Section    43.     All    applications,     certificates  or    affi-  Amplications, 

6tC*     to   DG  DTG- 

davits  taken  by  the   registrars  of  voters  under  this  act  served  for  two 
and   acts  in  amendment  hereof  shall    be  preserved  for  ^^'*"* 
two  years. 

Section  44.     The  registrars  of  voters  in  cities  shall  fgtrar°s"of°votefs 
be  in  session   until  ten  o'clock  in  the   afternoon   of  the  in  cities. 


404  1890.  — Chapter  423. 

f8t?ar8°of°vote^'8  Saturday  next  but  one  preceding  the  day  of  any  election, 
in  towns.  and  in    towns  until  ten  o'clock  in  the  afternoon  of  the 

Wednesday  next  preceding  the  day  of  any  election, 
and  for  such  time  previous  thereto  as  they  may  judge 
necessary,  for  the  purpose  of  receiving  evidence  of  the 
qualifications  of  persons  claiming  a  right  to  vote  and 
of  correcting  the  list  of  voters  ;  and  they  shall  give  notice 
of  the  time  and  place  of  holding  the  sessions  upon  the 
lists  of  voters  posted  up  as  provided  by  section  thirty-five, 
and  shall  also  state  therein  the  day  of  the  month  when 
registration  will  cease,  and  that  after  the  close  of  registra- 
tion no  name  will  be  entered  on  the  list  of  voters 
except  as  hereinafter  provided, 
ceafe'etc  °"  *°  SECTION  45.  The  registration  of  voters  in  towns  shall 
cease  at  ten  o'clock  in  the  afternoon  of  the  Wednesday 
next  preceding  the  day  of  any  election,  and  in  cities  at 
ten  o'clock  in  the  afternoon  of  the  Saturday  next  but  one 
preceding  the  day  of  any  election  ;  and  no  name  shall  be 
entered  on  the  list  of  voters  of  any  city  or  town  after  the 
close  of  registration,  unless  the  qualifications  of  the  per- 
son as  a  voter  have  been  determined  by  the  registrars  of 
voters  at  some  meeting  held  before  the  close  of  registra- 
tion ;  such  fact  to  be  verified  by  the  certificate  of  the  clerk 
of  the  board  of  registrars, 
^e^d^po^fs^and  Section  46.  At  the  close  of  each  registration  of 
voteM'to''be'*cer.  "^otcrs,  the  registrars  of  voters  of  each  city  and  town  shall 
tified  to  the  forthwith  certify  to  the  secretary  of  the  Commonwealth 
the  number  of  assessed  polls  and  the  number  of  regis- 
tered voters  in  each  voting  precinct,  or  in  each  town  not 
divided  into  voting  precincts. 
b^ychang^oT**  SECTION  47.  The  uamcs  of  all  voters  who  are,  by 
Mn^r'^'*'''  changes  in  city  or  town  boundaries,  authorized  bylaw 
to  vote  for  members  of  congress,  councillors,  senators  or 
representatives  in  the  general  court  in  a  city  or  town 
other  than  the  one  in  which  they  reside,  shall  be  placed 
together,  under  a  proper  heading,  at  the  end  of  the  list 
of  voters  of  the  voting  precinct  where  they  reside.  The 
registrars  of  voters  of  the  city  or  town  in  which  such 
voters  reside  shall  return  to  the  secretary  of  the  Com- 
monwealth the  number  of  such  voters,  the  name  of  the 
city  or  town,  with  the  designation  of  the  voting  precinct, 
in  which  they  are  authorized  to  vote,  and  the  officers  for 
whom  they  are  authorized  to  vote  in  such  other  city  or 
town. 


1890.  —  Chapter  423.  405 

Section  48.     The  registrars  of  voters  before  enter-  Registration  of 

,  .  ,      ~  ^  .....  a  uiituralized 

ing  upon  the  register  the  name  oi  a  naturalized  citizen,  citizen, 
shall  require  him  to  produce  for  their  inspection  his 
papers  of  naturalization  and  to  make  oath  that  he  is  the 
identical  person  named  therein ;  they  shall  be  satisfied 
that  he  has  been  legally  naturalized,  shall  make  a  record 
or  memorandum  upon  said  papers  of  the  date  of  such 
inspection  and  shall  enter  upon  the  said  register  the 
name  and  location  of  the  court  by  which  said  papers 
were  issued,  with  the  date  thereof.  They  need  not  re- 
quire the  production  of  such  papers  after  they  have 
once  examined  and  passed  upon  them. 

Section  49.     Registrars  of  voters  shall   not  register  voters  to  be 
voters  in  secret  session,  but  publicly,  and  shall  afford  to  pubifc;  record 
a  reasonable  number  of  persons  of  the  various  political  uon^  °  mspec- 
parties  opportunity  to  witness  such  registration  ;  and  the 
register  of  voters  and  the  record  of  the  clerk  of  the  board 
of  registrars  shall   at  all   reasonable  times  be   open    to 
public  inspection,   without  charge,  at  the  office  of  the 
authorities  with  whom  they  are  deposited. 

Section  50.  The  board  of  registrars  shall  possess  Authority  of 
full  authority  to  maintain  regularity  and  order  and  to  serTe  ordei-retc. 
enforce  obedience  to  their  lawful  commands  in  proceed- 
ings before  them,  and  shall  have  full  authority  to  preserve 
peace  and  good  order  at  and  around  the  place  where 
their  sessions  are  held,  and  to  keep  the  access  thereto 
open  and  unobstructed,  and  may  call  upon  constables, 
police  officers  and  other  persons,  if  necessary,  to  com- 
municate their  orders  and  directions  and  to  assist  in  the 
performance  of  the  duties  in  this  section  enjoined. 

Section  51.     If  any  person  shall  refuse  to  obey  the  Person  disobey- 
lawful  command  of  the  registrars,  or  by  disorderly  con-  command,  may 
duct  in  their  presence  or  hearing  shall  interrupt  or  dis-  custody!  '"*° 
turb  their  proceedings,  they  may  make  an  order  directing 
any  constable   or  police  officer  to  take   the  person  so 
offending  into  custody  and  detain  him  until  the  close  of 
the   session  then  being  held  ;  but  such  order  shall  not 
prohibit  the  person  so  taken  into  custody  from  registering 
as  a  voter. 

Section  52.     It  shall  be  the  duty  of  the  selectmen  of  Pp"''^^^*^*"*' 

1/-1  ^   •     r  •        m  r      1  i-         place  of  meeting 

a  town  and  of  the  chiei  executive  officer  of  the  police  of  registrars. 
force  of  a  city,   when  requested  so  to  do  by  the  regis- 
trars of  voters,  to  detail  a   sufficient  number  of  police 
officers,  who  shall  be  stationed  at  the  place  of  meeting 


406 


1890.  — Chapter  423. 


Names  on  the 
list  of  voters  to 
correspond  to 
those  in  the 
register. 


Correction  of 
omission 
through  error 
or  raistalie. 


Name  errone- 
ously erased 
may  be  re- 
stored. 


of  said  registrars,  and  under  their  direction  shall  preserve 
order  and  protect  each  and  all  of  said  registrars  from  any 
interference  with  or  obstruction  in  the  performance  of 
their  respective  duties. 

Section  53.  No  name  shall  be  added  to  the  list  of 
voters  until  it  has  been  recorded  in  the  register  of  voters, 
and  all  names  stricken  from  the  register  of  voters  shall 
be  stricken  also  from  the  list  of  voters  ;  no  name  shall  be 
added  to  a  list  of  voters  in  use  at  any  election  after  the 
opening  of  the  polls,  except  to  correct  a  clerical  error  or 
omission ;  and  all  names  on  lists  of  voters  shall  be 
written  in  full,  or  as  provided  in  section  twenty-four. 

Section  54.  If  a  qualified  voter  of  any  city  or  town 
whose  name  was  on  the  list  of  voters  of  such  city  or 
town  for  the  preceding  year,  who  has  been  assessed  for 
a  poll  tax  for  the  current  year,  and  who  has  paid  a  state 
or  county  tax  assessed  upon  him  for  the  preceding  or 
current  year,  finds  after  the  close  of  registration  that  his 
name  is  not  placed  on  the  list  of  voters  for  the  current 
year  by  reason  of  the  same  being  omitted  by  clerical 
error  or  mistake  from  the  list  of  polls  as  assessed  and 
transmitted  by  the  board  of  assessors  to  the  board 
charged  with  the  preparation  of  the  list  of  voters,  the 
board  of  assessors  shall,  upon  the  personal  application 
of  such  voter,  correct  such  omission  or  mistake  and 
give  to  him  a  certificate  of  such  correction,  to  be  pre- 
sented by  him  in  person  to  the  board  charged  with  the 
preparation  of  the  list  of  voters,  who  shall,  on  the  receipt 
thereof,  place  the  name  of  such  voter  on  the  list  of  voters 
of  the  precinct  or  town  in  which  he  was  entitled  to  be 
registered  ;  or  if  application  is  made  on  the  day  of  elec- 
tion the  said  board  last  mentioned  shall  give  to  such 
voter  a  certificate,  on  presentation  of  which  to  the  elec- 
tion officers  of  his  precinct  or  town  he  shall  be  allowed 
to  vote  therein  ;  and  such  certificate  shall  be  returned 
and  preserved  in  like  manner  as  the  ballots  cast  in  such 
precinct  or  town. 

Section  55.  If  the  name  of  a  qualified  voter  shall 
be  erroneously  erased  from  the  published  list  of  voters 
or  omitted  therefrom  by  clerical  error,  he  may  apply  to 
the  registrars  of  voters  at  any  time  before  the  closing 
of  the  polls  for  its  restoration  ;  and  if  he  shall  prove 
that  his  claim  be  valid  his  name  shall  be  restored  to  the 
list  of  voters,  and  he  shall  be  given  a  certificate  thereof 


1890.  —  Chapter  423.  407 

if  such  restoration  is  made  on  the  day  of  election,  on 
presentation  of  which  to  the  officers  of  the  precinct  or 
town  in  which  he  was  entitled  to  be  registered  he  shall 
be  allowed  to  vote  therein  ;  and  the  certificate  shall  be 
returned  and  preserved  in  like  manner  with  the  bal- 
lots  cast  in  said  precinct  or  town. 

Section  56.     At  any  election  held  in  a  city  between  List  at  elections 

1  1  -      1  ••II'  11  1  r    it-      io  »  city  be- 

the    day  ol   the  municipal  election  and  the  day  oi    the  twoen  the  muni, 
annual  state  election  next  succeeding,  the  list  of  voters  gufe  erections. 
prepared  for  such  municipal  election  shall  be  used,  subject 
to  the  changes  and  erasures  provided  for  by  law. 

Section  57.     If  the  reeistrars  have  duly  entered  on  RegistiarB not 

,,,.  -  ,  ^     /•     ^^  .1  •        answerable  for 

the  list  of  voters  the  names  of  all  persons  upon  the  regis-  omissions,  if, 
ter  of  voters,  they  shall  not  be  answerable  for  any  omis-  ^"'" 
sions  from  said  list  of  voters.     Assessors  and  collectors 
shall    when    requested    furnish  any  information  in  their 
possession  necessary  to  aid  said  boards  of  registrars  in 
the  discharge  of  their  respective  duties. 

Section  58.     Wherever  under  this  title  examinations  Administration 
are  authorized  or  required  to  be  made  under  oath,  or 
an  oath  is  authorized  or  required  to  be  made,  such  oath 
may  be  administered  by  a  a  registrar  or  by  an  assist- 
ant registrar. 

Section  59.  Towns  having  less  than  three  hundred  ;^han°hr°Vhfm. 
registered  voters  shall  be  exempt  from  the  require-  ^^^^rs'tobl""^ 
ments  of  section  eighteen  of  this  act,  and  in  such  towns  exempt  from 

,  ,  c3  11111  •jI.j    requirements  or 

the  selectmen  and  town  clerk  shall  constitute  a  board  section  is. 
of  registrars  of  voters,  and  shall  perform  all  the  duties 
and  be  subject  to  all  the  liabilities  imposed  by  this  act 
and  acts  in  amendment  hereof  upon  registrars  of  vot- 
ers. But  whenever,  in  any  town  now  exempted  by 
this  section,  the  register  of  voters  shall  be  found  to  con- 
tain as  many  as  three  hundred  names  said  section 
eighteen  shall  apply,  and  in  the  month  of  March  or  of 
April  next  thereafter  a  board  of  registrars  shall  be  ap- 
pointed. 

Section  60.  On  the  petition  of  not  less  than  ten  supervisors  of 
qualified  voters  in  any  city  or  town,  the  governor,  by®^'^'°°*' 
and  with  the  advice  and  consent  of  the  council,  shall 
appoint  two  supervisors,  able  and  discreet  men,  one  from 
each  of  the  two  leading  political  parties,  to  serve  for 
the  term  of  one  year,  who  shall  be  authorized  to  attend 
all  sessions  of  the  board  of  registrars  in  said  city  or 
town,  or  in  the  city  of  Boston  all  sessions  of  such  assist- 


408 


1890.  — Chapter  423. 


Penalties  on 
registrars. 


ant  registrars  as  may  be  named  or  described  in  such 
petition,  and  who  shall  have  the  right  to  affix  their  sig- 
natures to  the  register  of  voters  and  lists  of  voters  for 
purposes  of  identification,  and  to  attach  thereto  any 
statement  touching  the  truth  or  fairness  thereof  which 
they  or  either  of  them  may  ask  to  attach  ;  and  any  one 
who  shall  prevent  any  person  so  appointed  from  doing 
any  of  the  acts  authorized  as  aforesaid,  or  who  shall 
hinder  or  molest  any  such  person  in  doing  any  of  said 
acts,  or  shall  aid  or  abet  in  preventing,  hindering  or 
molesting  any  such  person  in  respect  of  any  such  acts, 
shall  be  punished  by  imprisonment  in  jail  for  not  more 
than  one  year. 

Section  61.  Any  registrar  of  voters  who  shall  refuse 
or  wilfully  neglect  to  require  an  applicant  for  registra- 
tion to  read  and  write,  as  directed  by  the  constitution 
and  section  twenty-seven  of  this  act,  and  shall  then  place 
or  knowingly  suffer  to  be  placed  or  remain  upon  the 
register  of  voters  the  name  of  such  applicant,  shall  be 
punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars or  by  imprisonment  in  jail  for  not  more  than  one 
year  for  each  offence  ;  and  any  registrar  who  knowingly 
and  wilfully  prevents,  or  seeks  to  prevent,  the  registra- 
tion of  any  legal  voter,  or  knowingly  and  wilfully 
registers  the  name  of  any  person  not  qualified  to  vote, 
or  who  shall  wilfully  violate  any  of  the  provisions  of 
this  act,  or  be  guilty  of  any  other  fraud  or  corrupt  con- 
duct in  the  execution  of  the  duties  of  his  office,  shall  be 
punished  by  a  fine  of  not  more  than  three  hundred  dol- 
lars .for  each  offence  ;  and  any  other  city  or  town  officer 
who  wilfully  neglects  or  refuses  to  perform  any  duty 
required  of  him  by  this  act  and  acts  in  amendment 
hereof,  shall,  except  as  provided  in  section  ten,  forfeit 
for  each  offence  a  sum  not  exceeding  two  hundred 
dollars. 

Section  62.  Any  person  who  shall  cause  his  name 
represiniation,    ^q  bc  registered  as  a  voter  in  more  than  one    town  or 

etc.,  to  registrar.  .  '^  i  i      n  i  •  ^  •  i 

precmct,  or  who  shall  cause  his  name  to  be  registered, 
knowing  that  he  is  not  a  qualified  voter  in  the  city, 
town  or  precinct  where  said  registry  is  made,  or  who 
shall  falsely  personate  or  attempt  to  so  personate  any 
person  for  the  purpose  of  passing  the  reading  or  writing 
test,  or  for  any  other  purpose  before  a  registrar  of  voters, 
and  any  person  who  shall  give  a  false  name  or  false 


Penalty  for 
making  false 


1890.  —  Chapter  423.  409 

answer  to  a  registrar  concerning  any  matter  relating  to 
the  registration  of  voters,  or  to  the  right  of  any  person  to 
vote,  and  an}-  person  causing  any  such  act  or  aiding  or 
abetting  an}'  person  in  any  manner  in  either  of  said  acts, 
shall  be  punished  for  each  and  every  offence  by  a  fine  of 
not  more  than  three  hundred  dollars  and  by  imprison- 
ment in  jail  for  not  more  than  one  year. 

Section  63.     Whoever  shall    knowingly  or  wilfully  Making  false 
make    a    false  affidavit  under   this  title,   regarding    the  deemed  per- 
qualifications  of  any  voter,   shall  be    deemed  guilty  of  ^"'^' 
perjury. 

Section  64.     Whoever  wilfully  injures  or  defaces  any  Penalty  for  de- 

T^  ,.  .  r    \   •      r~\  facing  posted 

hst  of  voters  posted  in  any  city  or  town  oi  this  Common-  lut. 
wealth  shall  be  punished  by  a  fine  not  exceeding  fifty 
dollars  or  by  imprisonment  not  exceeding  six  months. 

Section  65.     The  provisions  of  this  title  shall  not  be  ^^^!j"°,°gab^,e 
deemed  to  repeal  the  special  laws  relating  to  assessment  to  Boston, 
and  registration  in  the  city  of  Boston  ;  but  sections  four- 
teen, fifteen  and  seventeen  of  this  act  shall  apply  to  the 
city  of  Boston  the  same  as  to  the  other  cities  of  the  Com- 
monwealth. 

TITLE  II. 

the  conduct  of  elections  and  returns  thereof. 

Section  66.     Meetings  for  the  election  of  state    and  Meetings  for 

o  ,11     election  of  state 

city  officers  may  be  opened    as  early  as    seven  o  clock  and  city  officers, 
in  the  forenoon  ;   and  in  no  case  shall  the  polls  be  kept 
open  after  the    hour  of  sunset.     Such    officers  shall  be 
voted  for  on  one  ballot,  and  notice  thereof  shall  be  given 
in  the  warrant  calling  the  meeting. 

Section  67.     In  cities  such  meetings  shall  be  opened  ifeetingsin 
as  early  as  ten  o'clock  in  the  forenoon  of  the  election  opened°a8\ariy 
day,  and  shall  be  called  according  to  the  provisions  of  pont°to '^e''op°en 
the  city  charters   and  the   acts  in  addition  thereto,  and  hou?8?*"* 
warrants  for  notifying  such  meetings  shall  specify    the 
time  when  the  polls  for  the  choice  of  the  several  officers 
will  be  opened  and  when  they  will  be  closed,  and  the 
polls  shall  be  kept  open  at  least  six  hours. 

Section  68.      In  towns  meetings  for  the  election  of  Meetings  in 
state  officers  shall  be  opened  as  early  as  twelve  o'clock,  opened  as  eariy 
noon,  of  the  election  day.     The  polls  shall  be  kept  open  poi'istobe'"^ 
at  least   four    hours   and    for    such   longer   time   as  the  ?our  hours!' 
majority  of  the  voters  present  shall  by  vote  direct ;  and 


410 


1890.  —  Chapter  423. 


Cities  to  be 
divided  into 
voting  pre- 
cincts. 


after  an  announcement  by  the  presiding  officer  of  a  time 
so  fixed,  such  time  shall  not  be  changed  to  an  earlier 
hour.  Such  meetings  shall  be  called  by  the  selectmen 
in  the  manner  ordered  by  the  town,  and  the  warrants  for 
notifying  such  meetings  shall  specify  the  time  when  the 
polls  for  the  choice  of  the  several  officers  will  be  opened 
and  when  they  may  be  closed  ;  and  the  polls  shall  not  be 
closed  until  the  hour  named  in  the  warrant  has  arrived. 
Section  69.  The  several  cities  of  this  state  shal 
be  divided  by  the  mayor  and  aldermen  of  said  cities, 
respectively,  into  convenient  voting  precincts  for  the 
holding  of  all  meetings  for  the  choice  of  all  officers 
who  are  elective  by  the  people.  Every  ward  in  a  city 
containing  not  more  than  five  hundred  voters  shall  be  a 
voting  precinct ;  every  ward  in  a  city  containing  more 
than  five  hundred  voters  and  not  more  than  eight  hundred 
voters  may,  on  or  before  the  first  Monday  of  July  in  any 
year,  be  divided  by  the  mayor  and  aldermen  of  such  cit3s 
if  they  shall  deem  it  expedient,  into  two  precincts,  to 
contain  as  nearly  as  may  be  an  equal  number  of  voters, 
and  such  ward  if  not  so  divided  shall  be  a  voting  precinct ; 
and  every  ward  of  a  city  containing  more  than  eight 
hundred  voters,  on  or  before  the  first  Monday  of  July 
in  any  year,  shall  be  divided  by  the  mayor  and  aldermen 
of  such  city  into  two  or  more  voting  precincts,  consisting 
of  compact  and  contiguous  territory,  in  such  manner  that 
each  precinct  shall  be  entire  within  one  ward,  and  shall 
contain  as  nearly  as  may  be  an  equal  number  of  voters. 
The  boundaries  of  such  precincts  shall  as  far  as  possible 
be  the  centre  lines  of  known  streets  or  ways,  and  no 
precinct  shall  contain  more  than  eight  hundred  voters. 
•The  registration  of  voters  in  the  preceding  year  shall  be 
taken  as  the  basis  of  the  division  in  the  year  in  which 
such  division  is  made.  After  the  division  of  any  city  into 
new  wards  as  now  provided  by  law,  said  wards  shall  be 
divided  into  voting  precincts  according  to  the  provisions 
of  this  section.  Said  precincts  shall  be  designated  by 
numbers  or  by  letters  of  the  alphabet. 

Section  70.     Whenever  a  ward  of  a  city  is  divided 
into  two    or  more    precincts,  the    mayor    and  aldermen 
p%??he"arae  shall  immediately  cause  the   same  to  be  published   by 
to  be  posted.etc.  making  a  map  or  description  of  such  division,  defining 
it  b}^  known  boundaries  and  posting  such  map   or   de- 
scription in  at  least  ten  ofthe  most  public  places  in  each 


When  ward  of  a 
city  is  divided 
into  two  or 
more  precincts, 
ma 


1890.  — CuArTER  423.  411 

precinct  of  such  ward  ;  and  the  mayor  and  aldermen 
shall  also  cause  a  reasonable  number  of  copies  of  such 
map  or  description  to  be  furnished  to  the  registrars  of 
voters,  the  assessors  of  taxes  and  the  election  officers 
in  each  precinct  of  said  city. 

Section  71.      Whenever  a   change  is  made    in    the  secretary  to  be 

,  .  .  ^  ,  i'>i1ji  ^  notified  of 

wards  or  votmg  precmcts  oi  a  city,  the  city  clerk  tnereoi  changes  in  vot 
shall  immediately  thereafter  make  a  return  to  the  secre-  »Dg  p''-"'1'^^«-    _ 
tarv  of  the  Commonwealth,  statincr  the  number  of  wards, 
and  giving  the  designation  of  each  and  every  voting  pre- 
cinct in  said  city. 

Section  72.     The  selectmen    of  every  town    which  j^g'Ihf/g'eTti'on 
shall  accept  the  provisions  of  this  section  shall,  within  \°}>^  divuied 

.        ^  i  .     .  .  ,  '  .  into  precincts. 

sixty  days  thereafter,  divide  said  town  into  convenient 
voting  precincts  for  the  holding  of  all  meetings  for  the 
choice  of  officers  elective  by  the  people,  except  town 
officers.  They  shall  define  said  precincts  by  natural  or 
artificial  monuments  and  boundaries,  and  number  the 
same  either  by  letters  or  figures,  and  shall  make  report 
of  their  doings,  including  therein  such  monuments  and 
boundaries,  the  numbers  of  such  precincts  and  the  num- 
ber of  legal  voters  in  each  precinct,  to  the  next  town 
meeting.  Such  report  may  be  modified  or  amended  at 
the  meeting  duly  called  to  act  thereon,  and  when 
accepted,  either  in  its  original  or  amended  form  by 
a  majority  of  the  legal  voters  then  present  and  voting 
thereon,  shall  become  operative  ;  and  thereafter  all  meet- 
ings for  the  election  of  state  officers  shall  be  held  in  the 
precincts  established  by  said  town  ;  but  any  such  election 
in  a  town  held  after  such  division  has  been  made,  before 
precinct  lists  of  voters  have  been  made  and  posted  in  the 
manner  and  for  the  number  of  days  required  by  law, 
shall  be  held  in  the  manner  in  which  elections  had 
theretofore  been  held  in  such  town.  Such  report  shall 
not  be  acted  upon  at  any  meeting  unless  the  same  is  filed 
in  the  office  of  the  town  clerk  seven  days  at  least  before 
said  meeting.     Such  precincts  may  be  changed  at  any  rrpcinctsmay 

11  iiir  1  •  r     ^  ^  •'be  changed. 

meeting  duly  called  tor  the  purpose,  ii  the  selectmen 
shall  have  filed  in  the  office  of  the  town  clerk  seven  days 
at  least  before  said  meeting  a  report  of  the  contem- 
plated changes,  giving  monuments,  boundaries  and 
numbers  of  the  contemplated  precincts  and  the  number 
of  voters  in  each  as  determined  by  the  last  preceding 
registration  of  the  voters  as   corrected  ;  but  no  changes 


412 


1890.  —  Chapter  423. 


Secretary  to  be 
notified. 


Town  may  dis- 
continue voting 
precincts,  and 
in  a  subsequent 
year  may  re- 
establish, etc. 


Pollinif  place  to 
be  designated 
for  each  pre- 
cinct, in  a  con- 
Tenient  place. 


Proviso. 


Other  than  those  proposed  in  such  report  shall  be  made 
at  such  meeting.  Within  ten  days  after  the  division 
of  any  town  into  precincts,  or  of  any  change  in  the 
number  of  such  precincts,  the  town  clerk  shall  give 
notice  thereof  in  writing  to  the  secretary  of  the  Common- 
wealth, stating  therein  the  number  of  precincts  then 
existing  in  said  town. 

Section  73.  Any  town  which  has  been  divided  into 
voting  precincts  may,  at  a  meeting  duly  called  for  the 
purpose,  by  vote  discontinue  all  such  precincts ;  and 
thereafter  the  provisions  of  law  applicable  to  such  pre- 
cincts shall  cease  to  apply  to  said  town,  and  all  sub- 
sequent elections  therein  shall  be  held  as  if  no  such 
division  had  been  made.  Notice  in  writing  of  the  dis- 
continuance of  the  voting  precincts  in  a  town,  in  accord- 
ance with  this  section  shall,  within  ten  days  thereafter, 
be  given  by  the  town  clerk  thereof  to  the  secretary  of 
the  Commonwealth.  A  town  which  has  discontinued  all 
the  voting  precincts  may  however  in  a  subsequent  year 
accept  the  provisions  .of  the  preceding  section,  and 
cause  a  division  into  voting  precincts  to  be  made  there- 
under. 

Section  74.  The  board  of  aldermen  of  each  city 
and  the  selectmen  of  each  town  divided  into  voting 
precincts,  respectively,  shall  ten  days  at  least  before  the 
day  of  any  special  election  and  thirty  days  at  least 
before  the  day  of  any  other  election  held  in  such  city 
or  town, designate  and  appoint  the  polling  place  for  each 
of  the  voting  precincts  in  such  city  or  town  and  procure 
the  same  for  such  purpose,  and  cause  it  to  be  suitably 
fitted  up  and  prepared  therefor ;  and  they  shall  there- 
upon cause  to  be  posted  in  such  city  in  at  least  ten  and 
in  such  town  in  at  least  three  public  places  in  each 
precinct  a  printed  description  of  the  place  so  designated, 
and  shall  give  such  other  public  notice  thereof  as  they 
may  think  necessary  or  proper.  Such  polling  place 
shall  be  in  the  most  public,  orderly  and  convenient 
portion  of  the  precinct :  -provided,  that  when  no  con- 
venient polling  place  can  be  had  within  the  territorial 
limits  of  any  precinct,  the  mayor  and  aldermen,  or 
selectmen,  as  the  case  may  be,  are  authorized  to  designate 
and  appoint  one  in  some  convenient  place  within  the 
limits  of  any  of  the  adjoining  precincts  of  such  city  or 
town ;    and   for   such  purposes  the  place  so  designated 


1890.  —  Chapter  423.  413 

and  appointed  for  the  polling  place  of  such  precinct 
shall  be  deemed  and  taken  to  be  included  in  and 
part  of  said  precinct,  as  though  the  same  was  within 
the  territorial  limits  thereof.  No  building  or  part  of  a 
building  shall  be  designated,  appointed  or  used  as  a 
polling  place,  in  which,  or  in  any  part  of  which,  intoxi- 
cating liquor  is  sold,  or  has  been  sold  within  thirty  days 
next  preceding  the  day  of  election. 

Section  75.  The  mayor  of  each  city  at  some  time  Election  officers 
between  the  first  and  the  twentieth  day  of  September  in  appointed  for 
each  year  shall,  with  the  approval  of  the  board  of  alder-  ^^'^  precinct. 
men,  appoint  as  election  officers  for  each  voting  precinct 
one  warden,  one  deputy  warden,  one  clerk,  one  deputy 
clerk,  four  inspectors  and  four  deputy  inspectors,  who 
shall  include  the  inspectors  and  deputy  inspectors  pro- 
vided for  in  section  twenty  of  chapter  four  hundred  and 
thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine ;  such  officers  shall  be  qualitied  voters  in  the 
ward  of  which  such  precinct  forms  a  part,  men  of  good 
repute  and  standing,  who  shall  equally  represent  each 
of  the  two  political  parties  which  cast  the  largest  number 
of  votes  in  the  Commonwealth  at  the  annual  election 
next  preceding  their  appointment :  provided,  however.  Proviso, 
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.  The  warden 
and  two  of  the  inspectors  shall  be  of  a  different  political 
party  from  the  clerk  and  the  other  two  inspectors,  and 
each  deputy  shall  be  of  the  same  political  party  as  his 
principal.  Each  of  said  officers  shall  be  sworn  to  the 
faithful  performance  of  his  duties,  and  shall  hold  office 
for  one  year  from  the  first  day  of  November  in  the 
year  in  which  he  is  appointed,  and  until  a  successor 
is  appointed  and  qualified  or  he  is  removed.  Any  one 
of  said  officers  may  be  removed  at  any  time  by  the 
mayor,  with  the  approval  of  the  board  of  aldermen, 
upon  written  charges  of  incompetency  or  official  mis- 
conduct preferred  either  by  the  city  clerk  or  by  not  less 
than  six  qualified  voters  of  the  ward  in  which  the  officer 
is  appointed  to  act.  In  case  of  any  vacancy  occurring  vacanciee. 
before  the  first  day  of  November  in  any  year,  or  in  case 
either  of  said  officers  shall  decline  to  act  and  shall  give 
notice  thereof  to  the  city  clerk  on  or  before  said  first  day 


4U 


1890.  —  Chapter  423. 


Officers  to  be 
sworn. 


Vacancies. 


If  warden,  etc., 
in  absent, 
vacancy  to  be 
filled  pro 
tempore  by 
election. 


Election  offi- 
cers in  certain 
towns  to  be 
appointed  for 
each  precinct. 


of  November,  the  mayor,  with  the  approval  of  the  board 
of  aldermen,  shall  appoint  some  person  qualified  as 
aforesaid  to  fill  said  office  ;  and  in  making  such  appoint- 
ment he  shall  preserve  in  the  precinct  offices  the  just  and 
equal  representation  of  the  two  leading  political  parties. 
Every  person  so  appointed  shall  be  sworn  to  the  faithful 
performance  of  his  duties.  Every  nomination  made  by 
the  mayor  under  this  section  shall  be  acted  on  by  the 
board  of  aldermen  not  less  than  three  nor  more  than  ten 
days  after  it  shall  have  been  made.  In  case  of  a  vacancy 
in  the  office  of  warden,  clerk  or  inspector  of  a  precinct 
on  the  day  of  any  election,  the  person  appointed  as 
deputy  of  said  warden,  clerk  or  inspector  shall  act  in 
his  place,  and  shall  have  the  same  powers  and  be  sub- 
ject to  the  same  duties  and  liabilities  as  the  officer  for 
whom  he  acts.  No  deputy  precinct  officer  shall  have 
power  to  act  in  any  official  capacity,  or  while  the  polls 
are  open  or  during  the  counting  of  the  votes  shall  be 
admitted  to  the  space  reserved  for  the  precinct  officers, 
except  while  filling  a  vacancy  as  aforesaid  ;  and  he  shall 
receive  no  coinpensation  except  for  attendance  at  the 
opening  of  the  polls  or  for  services  while  acting  for  the 
officer  whose  place  he  fills.  In  case  the  warden  and 
deputy  warden,  or  the  clerk  and  deputy  clerk,  or  one 
of  the  inspectors  and  his  deputy,  are  absent  at  the  time 
designated  for  the  opening  of  the  polls  or  during  the  day 
of  any  election,  a  suitable  person  shall  be  elected  by  the 
voters  of  said  precinct  by  nomination  and  hand  vote, 
with  full  power  to  act  for  the  time  being  in  place  of  the 
absent  officer  ;  and  before  entering  upon  the  performance 
of  his  duties  he  shall  be  sworn  by  the  warden  or  clerk, 
or,  in  the  absence  of  both  of  said  officers,  by  a  justice  of 
the  peace,  to  the  faithful  performance  thereof. 

Section  76.  The  selectmen  of  each  town  divided 
into  voting  precincts,  at  some  time  between  the  first  and 
fifteenth  day  of  October  in  each  year,  shall  appoint  as 
election  officers  for  each  precinct,  two  wardens,  one 
clerk,  and  two  inspectors  and  two  deputy  inspectors  as 
provided  in  section  twenty  of  chapter  four  hundred  and 
thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  qualified  voters  in  such  precincts,  and  men 
of  good  repute  and  standing.  Said  wardens,  inspectors 
and  deputy  inspectors  shall  equally  represent  each  of 
the  two  political  parties  which  cast  the  largest  number 


1890.  — CHArTEK  423.  415 

of  votes  in  the  Commonwealth  at  the  annual  election 
for  officers  other  than  town  officers  next  preceding  their 
appointment.  Each  of  said  officers  shall  be  sworn  to  officers  to  be 
the  faithful  performance  of  his  duties,  and  shall  hold 
office  for  one  3'ear  from  the  tirst  day  of  November  in 
the  year  in  which  he  is  appointed,  and  until  a  successor 
is  appointed  and  qualified  or  he  is  removed.  Any  one 
of  said  officers  may  be  removed  at  any  time  by  the  select- 
men upon  written  charges  of  incompetency  or  official 
misconduct  preferred  either  by  the  town  clerk  or  by  not 
less  than  six  qualified  voters  of  the  precinct  in  which 
the  officer  is  appointed  to  act.  In  case  of  any  vacancy  Vacnncies. 
occurring  before  the  first  day  of  November  in  any  year, 
or  in  case  either  of  said  officers  shall  decline  to  act  and 
shall  give  notice  thereof  to  the  town  clerk  on  or  before 
said  first  day  of  November,  the  selectmen  shall  appoint 
some  person  qualified  as  aforesaid  to  fill  said  office  ;  and 
in  making  such  appointment  to  fill  a  vacancy  in  the 
offices  of  warden,  inspector  or  deputy  inspector  they 
shall  preserve  the  just  and  equal  representation  of  the 
two  leading  political  parties  in  such  precinct  offices. 
Every  person  so  appointed  shall  be  sworn  to  the  faithful 
performance  of  his  duties.  If  an  inspector  is  absent  on 
the  day  of  an  election,  the  person  appointed  as  deputy 
of  said  inspector  shall  act  in  his  place,  and  shall  have 
the  same  powers  and  be  subject  to  the  same  duties  and 
liabilities  as  the  inspector  for  whom  he  acts.  No  deputy 
inspector  shall  have  power  to  act  as  inspector,  or  while 
the  polls  are  open  or  during  the  counting  of  the  votes 
be  admitted  to  the  space  reserved  for  the  precinct  offi- 
cers, except  in  the  absence  of  the  inspector  as  aforesaid ; 
and  he  shall  receive  no  compensation  except  for  attend- 
ance at  the  opening  of  the  polls  or  for  services  while 
acting  for  the  inspector  whose  place  he  fills.     In  case  if  warden,  etc., 

'^,,-,'^  ,  ^,  .  ,  18  absent,  vacan- 

one  or  both  01  the  wardens,  or  the  precmct  clerk,  or  cy  to  be  fiiied 
one  of  the  inspectors  and  his  deputy,  are  absent  at  the  etectfo™?'"'^^  *'^ 
time  designated  for  the  opening  of  the  polls  or  during 
the  day  of  an  election,  a  suitable  person  or  persons,  as 
the  case  may  be,  shall  be  elected  by  the  voters  of  said 
precinct  by  nomination  and  hand  vote,  with  full  power  to 
act  in  place  of  the  absent  officer  or  officers  during  his  or 
their  absence  ;  and  before  entering  upon  the  perform- 
ance of  the  duties  of  the  office  he  or  they  shall  be  sworn 
by  a  warden  or  the  precinct  clerk,  or  a  justice  of  the 
peace  to  the  faithful  performance  thereof. 


416 


1890.  — Chapter  423. 


Inspectors  In 

towns  not 
divided  into 
precincts. 


Powers  and 
duties  of  elec- 
tion officers. 


Compensation. 


Selectmen  to 
preside  at  elec- 
tion of  state 
officers. 

Tellers  may  be 
appointed. 


Section  77.  In  towns  not  divided  into  voting  precincts, 
two  inspectors  and  two  deputy  inspectors  shall  be  ap- 
pointed as  provided  in  section  twenty  of  chapter  four 
hundred  and  thirteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine  ;  and  the  provisions  of  law  ap- 
plicable to  such  officers  in  towns  so  divided  shall  apply 
to  the  officers  herein  provided  for,  except  that  the  select- 
men shall  make  appointments  to  fill  any  vacancy  occur- 
ring on  the  day  of  an  election. 

Section  78.  The  election  officers  shall  attend  at  the 
times  and  places  designated  for  meetings  in  their  respec- 
tive precincts  or  towns,  for  the  election  of  state  or  city 
officers,  or  for  the  determination  of  any  question  submit- 
ted by  lawful  authority  to  the  qualified  voters  of  the 
state  or  of  a  city,  as  the  case  may  be,  and  shall  have 
the  same  powers  and,  except  as  otherwise  provided,  be 
subject  to  the  same  duties  and  liabilities  as  the  wardens, 
clerks  and  inspector  now  holding  office  under  existing 
laws,  and  shall  receive  such  reasonable  compensation 
for  each  day's  actual  service  as  the  city  councils  or  the 
towns,  respectively,  may  from  time  to  time  determine. 
No  person  shall  be  eligible  to  the  position  of  election 
officer  or  teller  in  any  precinct  or  town  where  he  is  a 
candidate  to  be  voted  for ;  and  whenever  any  person 
appointed  as  aforesaid  becomes  such  candidate  he  shall 
be  removed  by  the  mayor  or  selectmen,  as  the  case  may 
be,  before  the  first  day  of  November  in  the  year  in  which 
he  becomes  such  candidate. 

Section  79.  At  town  meetings  for  the  election  of  state 
officers  the  selectmen  shall  preside  and  shall  have  all 
the  powers  which  are  vested  in  moderators. 

Section  80.  Selectmen,  when  required  to  preside  at 
town  meetings,  and  wardens  in  towns,  may  appoint  tellers 
to  aid  them  in  checking  the  names  of  voters,  or  in  assort- 
ing and  counting  votes  ;  and  selectmen  shall  appoint 
such  tellers  upon  petition  of  ten  legal  voters.  Such 
tellers  shall  be  sworn  to  the  faithful  discharge  of  their 
duties.  Such  tellers  shall  be  appointed  in  equal  numbers 
from  the  two  political  parties  which  cast  the  largest 
number  of  votes  in  the  Commonwealth  at  the  annual 
election  next  preceding  their  appointment.  Every  such 
teller  shall  be  subject  to  the  same  penalties  to  which  the 
officer  so  appointing  him  is  subject,  in  the  performance 
of  the  duties  in  which  such  teller  assists. 


1890.  — Chapter  423.  417 

Section-  81.     The  ballots  furnished  by  the  secretary  of  Sd  by'sec- 
the  Common^vealth  and  by  the    several  city  clerks,   as  *'a'y  o^  t^^e 

•J  .  -J  .       (Jommonwealth 

provided    by    law,    shall  be    of   plain    white    paper,    in  and  city  clerks. 

weight  not  less  than  that  of  ordinary  printing  paper,  and 

each  page  shall  be  not  more  than  five  nor  less  than  four 

and  a  half  inches  in  width,  and  not  more  than  thirteen 

and  a  half  nor  less  than  six  inches  in  length.    The  names 

of  candidates  shall  be  printed  with  black  ink  at    right 

angles  with  the  length  of  the  ballot,  in  capital  letters  not 

less  than  one-eighth  nor  more  than  one-quarter  of  an  inch 

in  height.     The  ballots  for  use  in  towns  in  taking  the 

vote  on  the  question  of  granting  licenses  for  the  sale  of 

intoxicating    liquor    shall   contain     the    words:  —  Shall 

licenses  be  granted  for  the  sale  of  intoxicating  liquors  in 

this  town?     Yes.  (or)  No.,  and  no  others. 

Section  82.    Whoever  oiiends  against  any  provision  of  Penalties. 
the  preceding  section  shall  be  punished  by  tine  not  ex- 
ceeding one  hundred  dollars  or  by  imprisonment  in  jail 
not  exceeding  one  year. 

Section  83.     The   secretary  of  the    Commonwealth  Baiiotstobe 

-^  used  in  towns 

shall  send  to  the  town  clerk  of  each  town,  seven  days  for  voting  upon 

1  .  1  1    •  1  •  r    1  ,  - 1         question  of 

'at  least  previous  to  the  taking  therein  oi  the  vote  upon  the  granting iiquor 
question  of  granting  licenses  tor  the  sale  of  intoxicating  '°®°^®*- 
liquors,  ballots  both  affirmative  and  negative,  in  number 
equal  at  least  to  the  number  of  registered  voters  in  such 
town.     Such  ballots  shall  be  distributed  to  the  voters  at 
the  polling  place  under  the  direction  of  the  town  clerk. 

Section  84.  The  secretary  of  the  Commonwealth  ^^mWed 'for  ^^ 
shall  provide  every  city  and  town  with  a  ballot-box  for  eachpoiung 
use  at  each  polling  precinct  or  place  of  meeting  lor  the 
election  of  state  or  city  officers,  which  shall  also  be  used 
in  taking  the  vote  upon  any  proposed  amendment  to  the 
constitution  or  other  question  submitted  to  all  the  voters 
of  the  Commonwealth,  or  of  any  city,  and  in  taking  the 
vote  in  towns  upon  the  question  of  granting  licenses  for 
the  sale  of  intoxicating  liquor.  Said  boxes  shall  be 
approved  by  the  secretary,  treasurer  and  auditor  of  the 
Commonwealth,  or  by  a  majority  of  them  ;  shall  have 
sufficient  and  secure  locks  and  keys,  or  seal  fastenings, 
and  shall  contain  mechanical  devices  for  receiving, 
registering  and  cancelling  every  ballot  deposited  therein  ; 
but  no  such  box  shall  record  any  number  or  mark  upon 
any  ballot  by  which  said  ballots  can  be  distinguished  from 
each  other.     Said  ballot-boxes  shall  be  purchased  by  the 


precinct,  etc. 


418 


1890.  —  Chapter  423. 


Ballots  to  be 
deposited  in 
such  boxes. 


If  unable  to  use 
box  provided, 
the  balloting  to 
proceed  as  pre- 
siding otficers 
shall  direct. 


Laws  against 
fraudulent  vot- 
ing to  apply, 
etc. 


Ballot-boxes  to 
be  kept  safely 
and  in  good 
repair. 


Penalty  for  in- 
jury to  ballot- 
box. 


Ballot-boxes  to 
be  furnished  to 
election  ofticers 
before  opening 
of  the  polls. 


secretary,  at  a  price  not  exceeding  fifty  dollars  each,  and 
shall  be  paid  for  out  of  the  treasury  of  the  Common- 
wealth. All  ballots  cast  at  any  such  election,  or  in 
taking  any  such  vote,  shall  be  deposited  in  such  boxes, 
and  no  ballots  shall  be  counted  in  ascertaining  the  result 
of  such  election  or  vote  unless  so  deposited  and  can- 
celled, or  deposited  as  hereinafter  provided. 

Section  85.  If  lor  any  cause  it  shall  become  im- 
possible at  any  election,  or  in  taking  such  vote,  to 
make  use  of  the  ballot-box  furnished  by  the  secretary  of 
the  Commonwealth  as  herein  provided,  the  balloting 
shall  proceed  as  the  presiding  officers  at  the  meeting- 
shall  direct ;  the  clerk  shall  make  a  record  of  the  facts 
pertaining  thereto  and  return  an  attested  copy  of  his 
record  thereof  enclosed  in  the  envelope  provided  ac- 
cording to  law  for  the  return  of  the  ballots  cast  at  such 
election  or  in  takino-  such  vote. 

Section  86.  All  existing  provisions  of  law  to  pre- 
vent fraudulent  voting,  and  the  penalties  therefor,  shall 
apply  to  the  taking  of  the  vote  upon  proposed  amend- 
ments to  the  constitution,  upon  questions  submitted  to  all 
the  voters  of  the  Commonwealth  or  of  any  city,  and 
upon  the  license  question. 

Section  87.  City  and  town  clerks  shall,  at  the 
expense  of  their  cities  and  towns,  provide  therein  places 
for  the  safe  and  suitable  keeping  of  the  ballot-boxes 
furnished  by  the  Commonwealth  ;  shall  have  the  care 
and  custody  thereof;  shall  see  that  they  are  kept  in 
good  order  and  repair ;  and  if  any  of  them  are  lost, 
destroyed  or  irreparably  damaged,  shall,  at  the  expense 
of  said  city  or  town,  replace  the  same  by  similar  ballot- 
boxes,  approved  as  in  section  eighty-four  of  this  act. 

Section  88.  Whoever  wilfully  or  maliciously 
destroys  or  injures  a  ballot-box,  or  the  mechanism 
thereof,  shall  be  punished  by  imprisonment  not  exceed- 
ing one  year  and  by  a  fine  not  exceeding  five  hundred 
dollars. 

Section  89.  City  and  town  clerks  shall  send  to 
the  election  officers  of  each  precinct  or  town  before  the 
opening  of  the  polls  on  the  da}'  of  any  state  or 
city  election,  or  meeting-  at  which  such  ballot-box  is 
required  by  law  to  be  used,  the  ballot-box  furnished  by 
the  secretary  of  the  Commonwealth,  with  such  ballot-box 
seals  and  other  ballot-boxes  as  may  be  approved  by  the 


1890.  — Chapter  423.  419 

board  of  aldermen  or  selectmen,  as  the  case  maybe.     At  Baiiot-box  to  be 

.  '.  •'.^^  examined  at  the 

the  opening  ot  the  polls  ni  each  precmct  or  town, and  before  openingofthe 

any  ballots  are  received,  the  ballot-box  shall  be  publicly 

opened  and  shown  to  be  empty,  and  the  election  officers 

shall,  by  personal  examination,  ascertain  that  the  same 

is    empty,  after   which  the    box    shall   immediately    be 

locked  or  fiistened,  a  record  of  the  condition  of  the  box 

register  made  by  the  clerk,  and  the  key  taken,  if  one 

be  used,  and  retained  by  the  constable   or  police  officer 

in  attendance  at  said    precinct.      The  ballot-box    shall 

not   be   removed   from  the  public  view,  after    it    is    so 

shown  to  be  empt}',  until  all  ballots  have  been  removed 

theretrom   and  the  box   has  been    re-locked  or    sealed. 

No  ballot  shall  be  removed  from  the  ballot-box  in  any 

precinct  or  town  while  the  polls  are  open,  and  the  box 

shall  not  be  opened  except  that,  in   order  to  make  room 

for  the  deposit  of  all  ballots,    the  warden  may,    in  the 

presence  of  all  the  election  officers,  open  the  box   and 

pack  and  press  dowai  the  ballots  therein.     In  tow^ns  not  Ballots  maybe 

divided  into  voting  precincts   and    having  more  than  six  boxes  anT 

hundred    voters    the    ballot-box    may    be    opened  and  towns^ofmore 

ballots    taken    therefrom  and    counted  whenever  in  the  *'''*,°  T 'i°i^J!^ 

^  AUQ  not    UIVICIGQ 

unanimous  judgment  of  the  selectmen  and  town  clerk  imo  precincts. 
it  is  necessary  or  advisable  so  to  do.  The  wardens  of  J^^^'jfjJ'g*/" ^^ 
each  precinct  shall  have  charge  of  the  ballot-boxes  and  baiiotboxes and 
ballot-box  seals,  and  shall,  at  the  close  of  each  election, 
return  the  same,  either  personally  or  by  the  hand  of  the 
police  officer  or  constable  in  attendance  at  the  precinct, 
to  the  city  or  town  clerk.  The  clerk  of  each  city  and 
of  each  town  divided  into  voting  precincts,  respectively, 
shall  furnish  to  the  clerks  of  the  several  precincts  a  seal 
of  suitable  device,  the  design  for  which  shall  include  the 
number  or  designation  of  the  precinct  for  wdiich  it  is 
furnished,  and  said  seal  shall  be  used  in  sealing  the 
envelopes  as  required  by  law  at  any  election.  The  pre- 
cinct clerk  shall  retain  the  custody  of  the  precinct  seal, 
and  he  shall,  at  the  end  of  the  term  for  which  he  was 
appointed  or  whenever  he  ceases  to  hold  said  office, 
deliver  the  same,  together  with  the  records  of  the  pre- 
cinct and  other  documents,  to  the  city  or  towm  clerk. 

Section  90.     The  presiding  officers  at  meetings  held  fjj.^jj^^'^^^^^'t"^® 
for  the  election  of  town  or  other  officers,  or  lor  taking  the  elections  and 

'  .         .  o  when  voting 

vote  upon  proposed  amendments  to  the  constitution,  upon  upon  questions 
questions   submitted   to  all  the   voters  of  the   Common-  people.^ 


420  1890.  —  Chapter  .  423. 

wealth  or  of  any  city, and  upon  the  license  question,  shall 
be  provided  with  a  complete  list  of  the  persons  qualified 
to  vote  at  such  meeting ;  and  no  person  shall  vote  at  an 
election,  or  in  taking  any  such  vote,  whose  name  has  not 
been  previously  placed  on  such  list,  nor  until  the  presid- 
ing officers  find  and  check  his  name  thereon,  unless  such 
person  present  a  certificate  from  the  registrars  of  voters 
as  provided  by  law. 
uf vote  to'gwe^  Section  91.  Whenever  any  person  offers  to  vote  he 
his  name,  etc.,    shall  orive  liis  uamc,  and  if  requested  so  to  do,  his  resi- 

to  be  announced  &  T.  . 

and  repeated  in  deucc,  to  the  wardcu  or  presiding  election  officer,  who 
shall  thereupon  announce  the  same  in  a  loud  and 
distinct  tone  of  voice,  clear  and  audible,  and  if  such  name 
is  found  upon  the  check-list  by  the  election  officer  having 
charge  thereof,  he  shall,  in  a  loud  and  distinct  tone  of 
voice,  clear  and  audible,  repeat  said  name,  and  the 
voter  may  then  deposit  his  ballot  in  the  box,  with  the 
official  endorsement  uppermost  and  in  sight,  and  his 
name  shall  be  immediately  checked  on  said  list.  The 
officers  in  charge  of  the  box  and  the  list  respectively 
shall  be  of  different  political  parties. 
Sen ^et°/ ^when  Section  92.  Whcii  ill  any  state  or  city  election  the 
vote  is  chai-  right  of  any  person  offering  to  vote  is  challenged  for  any 
cause  recognized  bylaw,  the  selectmen,  warden  or 
presiding  officer  shall  require  the  name  and  residence 
of  the  person  so  offering  to  vote  to  be  written  upon  the 
ballot  so  offered  and  challenged,  either  b}'  himself  or 
by  some  one  in  his  behalf,  and  the  selectmen,  warden 
or  presiding  officer  shall  add  thereto  the  name  of  the 
person  challenging  the  same  and  the  cause  assigned 
therefor,  before  such  ballot  shall  be  received  :  -provided^ 
that  nothing  contained  in  this  section  shall  be  so  con- 
strued  as  to  permit  election  officers  to  receive  any  vote 
which  by  law  they  are  required  to  refuse. 
Penalties.  Section  93.     Whocvcr   M^lfully  or   negligently  vio- 

lates any  of  the  provisions  of  the  preceding  section  shall 
be  punished  by  fine  of  not  less  than  twenty  nor  more 
than  two  hundred  dollars  or  b}-  imprisonment  in  the  jail 
not  exceeding  one  year. 
Saf" be^made  in  Section  94.  The  board  of  aldermen  of  an}^  city 
regard  to  seals  mav  pass  sucli  regulations  in  regard  to  the  use  of  the 
seals  and  ballot-boxes  and  the  manner  of  receiving, 
counting  and  returning  the  votes  as  they  may  deem 
expedient,    provided    such    regulations   are    not    incon- 


1890.  —  Chapter  423.  421 

sistent  with  the  provisions  of  law  ;  and  if  any  person 
wiltiilly  neglects  or  refuses  to  comply  w^ith  any  of  such 
regulations,  he  shall  be  punished  by  hue  not  exceeding 
one  hundred  dollars  or  by  imprisonment  in  the  house  of 
correction  not  exceeding  six  months. 

Section  95.     The  votes  cast  at  state  and  city  elec-  votes  at  state 
tions  shall  be  received,  sorted  and  counted  by  the  select-  uo.is'l'to  L^re- 
men   and  town  clerk  or  by  the  election  officers,   as  the  andlfuWic"' 
case  mav  be,  with  the  assistance  of  the  tellers,  if  any,  declaration 

-.  '  _  _  '  ^  '   made  in  open 

and  public  declaration  made  thereof  in  open  town,  ward  town,  etc., 
or  precinct  meetings.  As  soon  as  the  polls  are  closed 
the  selectmen  and  town  clerk  or  election  officers,  with  the 
assistance  of  the  tellers,  if  any,  shall  proceed  to  canvass 
the  votes  ;  such  canvass  shall  be  public,  and  shall  not  be 
adjourned  nor  postponed  until  it  shall  have  been  full}- 
completed.  As  soon  as  the  polls  are  closed,  a  record 
shall  be  made  by  the  clerk  of  the  condition  of  the  ballot- 
box  register ;  the  officers  in  charge  of  the  check-lists 
shall,  in  the  presence  of  the  other  officers  and  the  public, 
count  in  a  distinct  and  audible  voice  the  names  checked 
on  said  lists  and  announce  the  whole  number  thereof; 
the  ballot-box,  without  being  removed  from  the  public 
view,  shall  then  be  opened  by  the  wardens  or  presiding 
officers,  the  ballots  shall  be  taken  therefrom  and  audibly 
counted  one  by  one,  and  when  the  count  is  completed 
the  whole  number  of  ballots  cast  shall  be  announced, 
and  the  counting  of  the  number  of  votes  received  by 
each  person  voted  for  shall  then  proceed.  In  towns  not 
divided  into  voting  precincts  and  having  more  than  six 
hundred  voters  the  counting  of  the  check-lists  may  be 
made  after  the  counting  of  the  ballots.  All  ballots,  Baiiotstobe 
after  being  removed  from  the  box,  shall  be  kept  within  vfew.^' 
the  unobstructed  view^  of  the  voters  present  at  the  place 
of  meeting  until  they  are  placed  in  the  envelope  as  re- 
quired by  law.  The  total  number  of  ballots  cast,  the 
names  of  persons  voted  for,  the  number  of  votes  received 
for  each  person,  and  the  title  of  the  office  for  which  he 
is  proposed,  together  with  the  number  of  blank  ballots 
for  each  office,  shall  be  entered  in  words  at  length  by 
the  tow'n,  ward  or  precinct  clerks  in  their  respective 
records.  The  precinct  clerks  shall  forthwith  deliver 
certified  copies  of  such  records  to  the  city  or  town  clerks, 
who  shall  forthwith  enter  the  same  in  the  city  or  town 
records. 


422  1890.  —  Chapter  423. 

theTigheTt'"^         Section  96.     In  all  elections  of  civil  officers  b}'  the 

to"be^dedlJe°d^^  pcoplc,  the  pcrson  or  persons  having  the  highest  number 

to  be  elected,      of  votcs  sliall  be  deemed  and  declared  to  be  elected  ;  but 

no  persons  receiving  the  same  number  of  votes  shall  be 

deemed  to  be  elected,  if  thereby  a  greater  number  would 

be  elected  than  required  bv  law. 

fn'open^mSg       Section  97.     Moderators    of  meetings  held    for  the 

to  cause  ballots   elcctiou  of  towu  clcrk,  selectmen,  assessors,  treasurer, 

to  be  secured  in  ,  '  '.  .,', 

envelope,  sealed  collcctor  ot  taxcs  or  school   Committee,  at  which  all  of 

and  endorsed.  •  t       m  ^    r  in  ii 

said  orncers  are  voted  lor  upon  one  ballot,  and  selectmen 
and  wardens  who  preside  at  elections  for  state  or  city 
officers,  shall  cause  the  ballots  cast,  for  such  officers, 
after  the  same  have  been  sorted,  counted,  declared  and 
recorded,  to  be  secured  in  an  envelope  in  open  town, 
ward  or  precinct  meeting,  as  the  case  may  be,  and  sealed 
with  a  seal  provided  for  the  purpose,  and  with  the  private 
seal  of  any  election  officer  who  may  desire  to  affix  the 
same  ;  and  a  majority  of  the  election  officers  in  each  tow^n 
or  precinct  shall  endorse  upon  the  envelope  for  what 
officers  and  in  what  polling  place  the  ballots  were  cast, 
the  date  of  the  election,  and  a  certificate  that  all  the  bal- 
lots cast  by  the  voters  of  said  town  or  precinct,  as  the 
case  may  be,  for  such  officers  and  none  other,  are  con- 
tained in  said  envelope.  The  moderator,  selectmen  and 
wardens  shall  forthwith  personally  deliver,  or  transmit 
by  the  constable  or  police  officer  in  attendance  at  such 
elections,  the  ballots,  sealed  as  aforesaid,  to  the  city  or 
town  clerk, 
check-iists  used       Section    98.       lu    cvcrv   statc    or    city    election    the 

at  GiGctions  to  *^  *^ 

be  enclosed  in  sclectmcn,  wardcus  or  presiding  officer  of  each  town, 
and^ndorsed.^  Ward  Or  prcciuct  shall  cause  the  check-lists  used  at  such 
election  to  be  enclosed  and  sealed  in  an  envelope  and 
transmitted  in  the  same  manner  as  the  ballots  cast  at  such 
elections  are  required  to  be  secured  and  transmitted : 
provided,  however,  that  in  towns  not  divided  into  vot- 
ing precincts  the  check-lists  shall  be  retained  by  the 
selectmen  until  they  are  transmitted  to  the  registrars  of 
voters,  as  hereinafter  provided.  The  selectmen  and 
election  officers,  respectively,  shall  certify  on  such 
envelope  to  the  identity  of  the  check-lists  so  enclosed. 
Copy  of  check-    The  citv  clcrk  mav  furnish  a  copy  of  a  check-list  after  it 

list  may  be  ,  ,       '  ■,     .     "■  .  ^  *^  ,  , .  .  ^ 

furnished.  has   Dcen  uscd  m  any  precinct,  upon  the  application  oi 

not  less  than  ten  legal  voters  resident  within  the  ward  of 
which  the  precinct  forms  a  part.     The  selectmen  of  a 


1890 Chapter  423.  423 

town  not  divided  into  voting  precincts  may  furnish  a  copy  j^st^^, °y  be*^*^^" 
of  a  check-list  after  it  has  been  used  in  any  election,  upon  furnished. 
the  application  of  not  less  than  ten  legal  voters  resident 
in  the  tov.n.  The  town  clerk  of  a  town  divided  into  vot- 
ing precincts  ma}'  furnish  a  copy  of  a  check-list  after  it 
has  been  used  in  any  precinct,  upon  the  application  of 
not  less  than  ten  legal  voters  resident  therein.  Immedi- 
ately upon  such  copy  being  furnished  the  check-list  shall 
be  again  sealed  up,  with  a  new  certificate  attached,  by 
which  the  identitv  and  original  condition  shall  be  certified 
by  a  majority  of  the  selectmen,  or  by  the  city  or  town 
clerk,  as  the  case  may  be. 

Section  99.     Whoever   wilfully  or  negligently  vio-  Penalties, 
lates  any  provision  of  the  two  preceding  sections  shall  be 
punished  by  fine  not  exceeding  two  hundred  dollars  or 
by  imprisonment  in  the  jail  not  exceeding  one  year. 

Section  100.  Selectmen  and  town  and  city  clerks  Preservation  of 
shall  preserve  in  their  custody  the  check-lists  used  at  any 
election  for  the  same  length  of  time  as  is  required  by  law 
for  the  preservation  of  ballots.  And  as  soon  as  may  be 
thereafter  they  shall  transmit  said  lists  to  the  clerk  of  the 
board  of  registrars  of  voters  of  their  respective  towns  and  , 

cities,   and    said  board   shall    preserve   them  for   future 
reference  in  such  manner  as  they  may  deem  best. 

Section  101.     City  and  town  clerks  shall  receive  the  city  and  town 

•  cl6rK8  to  rGt&lD 

envelopes  containing  the  ballots  thrown  at  any  election,  ballots  until 
sealed  as  hereinbefore  provided,  and  shall  retain  them  in  [awTav™b"een° 
their  care  until  the  requirements  of  law  have  been  com-  complied  with. 
plied  with  ;  and  as  soon  as  maybe  thereafter,  said  clerks 
shall  cause  such  ballots  to  be  destroyed  without  examin- 
ing them,  or  permitting  them  to  be  examined  by  any 
person  whatsoever,  and  shall  make  an  entry  in  the  records 
of  the  city  or  town  that  they  have  been  so  destroyed  ;  and 
any  such  clerk  who  examines   such  ballots,  or  permits 
them  to  be  examined,  shall  be  punished  by  fine  not  ex- 
ceedincr  two  hundred  dollars. 

Section  102.  The  mayor  and  aldermen  and  the  Examination  of 
clerk  of  each  city  shall  forthwith  after  an  election  ex- 
amine the  returns  made  by  the  election  ofiicers  of  each 
ward  or  precinct  in  such  city,  and  if  any  error  appears 
therein  they  shall  forthwith  notify  said  election  officers 
thereof,  who  shall  forthwith  make  a  new  and  additional 
return,  under  oath,  in  conformity  to  truth,  which  addi- 
tional   return,  whether   made    upon    notice    or  by   such 


424  1890.  —  Chapter,  423. 

officers  without  notice,  shall  be  received  by  the  mayor 
and  aldermen  or  city  clerk  at  any  time  before  the  expira- 
tion of  the  day  preceding  that  on  which  by  law  they  are 
required  to  make  their  returns  or  to  declare  the  results  of 
the  election  in  said  city ;  and  all  original  and  additional 
returns  so  made  shall  be  examined  by  the  mayor  and 
aldermen,  and  made  part  of  their  returns  of  the  results 
of  such  election.  In  counting  the  votes  in  an  election, 
no  returns  shall  be  rejected  when  the  votes  given  for 
each  candidate  can  be  ascertained. 
crteB?edeiec!''  Section  103.  If  withiu  thirty  days  next  following 
rl°taine*irveiope  ^^^^  ^^J  ^^  ^^  clection,  a  pcrson  who  received  votes  for 
containing  bai-  any  office  at  Said  election  serves  by  himself,  his  agent 
or  attorney,  upon  the  clerk  of  any  city  or  town,  a  state- 
ment in  writing  claiming  an  election  to  such  office,  or 
declaring  an  intention  to  contest  the  election  of  an}^  other 
person  who  has  received,  or  who  may  receive,  a  certifi- 
cate of  election  for  the  same,  such  clerk  shall  retain  the 
envelope  containing  the  ballots  thrown  at  such  election, 
sealed  as  provided  b\^  law,  subject  to  the  order  of  the 
body  to  which  either  of  said  persons  may  claim  or  be 
held  to  have  been  elected,  or  of  the  board  required  by 
law  finally  to  examine  the  returns  and  issue  certificates 
of  election,  or  until  Such  claim  is  withdrawn  or  such 
election  is  decided  by  the  authority  competent  to  finally 
determine  the  same.  In  all  such  cases  said  body  or 
board  ma}'  order  the  clerk  of  such  city  or  town  to  appear 
before  them  and  bring  with  him  the  envelopes  containing 
the  ballots  cast  at  said  election.  Said  clerk  shall  appear 
according  to  said  order,  and  said  body  or  board  may  open 
said  envelopes,  recount  the  ballots  therein  and  amend 
the  returns  relating  thereto  in  accordance  wuth  the  result 
of  such  recount, 
statement  to  be       Section  104.     If  withiu  six  davs  ucxt  fbllowingr  the 

Bent  to  aldermen     ■,  r  t  •  r  •  ''         -r- 

when  election     day  of  any  election  for  state  or  city  officers,  ten  or  more 

returns  are  be-  ^•  a     J  a.  r  ^        r  • .  r  . 

lievedtobe  qualined  voters  of  any  ward  of  a  city  or  of  a  town  not 
erroneous.  divided  iuto  voting  precincts,  or  of  any  voting  precinct 
in  a  town  having  more  than  one  such  precinct,  file  with 
the  city  or  town  clerk  a  statement  in  writing  that  they 
have  reason  to  believe  that  the  returns  of  the  selectmen, 
or  of  the  election  officers  of  certain  precincts  in  said  ward 
or  town,  are  erroneous,  specifying  wherein  they  deem 
them  in  error,  said  clerk  shall  forthwith  transmit  such 
statement  to  the  selectmen,  board  of  aldermen  or  the  com- 


1890.  —  Chapter  423.  425 

mittee  thereof  appointed  to  examine  the  returns  of  said 
election.     Such   selectmen,   board  of  aldermen  or  their  Ballots  to  be 

.  .   ,   .  •     1         1  ,    examined  and 

committee  shall  thereupon,  and  withni  eight  days  next  quesuous 
following  the  day  of  election,  open  the  envelope  or  [ermined/ 
envelopes  and  examine  the  ballots  thrown  in  said  town 
or  precinct,  as  the  case  may  be,  and  determine  the  ques- 
tions raised  :  provided,  however,  that  when  an  election  Proviso. 
is  held  to  fill  a  vacancy  in  the  senate  or  house  of  repre- 
sentatives, the  statement  of  errors  shall  be  filed  within 
two  davs  and  the  recount  of  ballots  shall  be  made  within 
three  days  following  the  day  of  said  election.  They  shall 
then  again  seal  the  envelope  or  envelopes  with  the  seal 
of  the  city  or  town  or  a  seal  provided  lor  that  purpose, 
and  endorse  upon  the  envelope  or  envelopes  a  certificate 
that  the  same  has  been  opened  and  again  sealed  by  them 
in  conformity  to  law  ;  and  the  envelope  or  envelopes 
sealed  as  aforesaid  shall  be  returned  to  the  city  or  town 
clerk,  who,  upon  the  certificate  of  the  selectmen,  board  of 
aldermen,  or  of  their  committee,  shall  alter  and  amend 
such  of  the  town  or  precinct  returns  as  have  been  proved 
to  be  erroneous  ;  and  such  amended  returns  shall  stand 
as  the  true  returns  of  the  town  or  precinct.  The  cit}'  or 
town  clerk  shall  amend  the  city  or  town  records  in 
accordance  with  such  amended  returns,  and  copies  of 
such  records  of  votes  cast  at  any  state  election  shall  be 
made  and  returned  as  herein  provided  for  original  returns. 
Selectmen  may  appoint  tellers  in  the  manner  hereinbe- 
fore provided  to  assist  them  in  recounting  ballots  under 
the  provisions  of  this  section. 

Section  105.     If  within  fourteen  days  after  the  day  Recount  of  bai- 

....  .  •'  .r     lots  after  muni- 

of  the  municipal  election  in  any  city,  ten  or  more  quali-  cipai  elections 
fied  voters  in  said  city  shall  file  with  the  city  clerk  a 
statement  in  writing  that  they  have  reason  to  believe  that 
the  returns  of  ballots  cast  under  the  provisions  of  section 
five  of  chapter  one  hundred  of  the  Public  Statutes  are 
erroneous,  said  clerk  shall  forthwith  transmit  said  state- 
ment to  the  board  of  aldermen  of  said  city,  and  said 
board  shall  within  ten  days  thereafter  recount  said  bal- 
lots, and  declare  the  result,  and  their  record  of  said 
recount  shall  stand  as  the  true  result  of  the  vote  cast 
in  said  city  under  said  section. 

Section    106.     In    all   cases  whenever    a  recount  of  ^^^^^^'^^''g® 
ballots  cast  at  any  election  is  claimed,  the  officers,  board  ^^^jg""^ ''*°- 
or  committee  charged  with  the  duty  of  recounting  such 


426 


1890.  —  Chapter  423 


Result  of  an 
election  not  to 
be  declared  un- 
til time  for  re- 
questing a  re- 
count has  ex- 
pired. 


Copies  of 
records  of  votes 
at  state  elections 
to  be  trans- 
mitted to  the 
secretary,  etc. 


ballots  shall,  before  proceeding  to  recount  such  ballots, 
give  notice  in  writing  to  the  several  contesting  candidates 
interested  in  and  liable  to  be  affected  by  such  recount, 
of  the  time  when  and  the  place  where  such  recount  is 
to  be  made,  and  each  of  such  contesting  candidates  may 
appear  and  be  present  during  such  recounting,  either  in 
person  or  by  an  agent  appointed  in  writing  by  him  in  his 
stead. 

Section  107.  The  board  of  aldermen  shall  not 
declare  the  result  of  an  election  until  the  time  for  tiling 
a  request  for  a  recount  of  ballots  has  expired,  or,  in 
case  of  such  request  having  been  made,  until  the  said 
ballots  have  been  examined  and  the  returns  amended, 
if  found  erroneous  ;  any  provision  in  the  charter  of  any 
city  or  in  any  act  in  amendment  thereof  to  the  contrary 
notwithstanding.  Upon  the  expiration  of  the  time 
allowed  for  filing  such  request  for  a  recount  of  ballots,  if 
no  such  request  has  been  filed,  or  after  the  ballots  have 
been  examined  in  accordance  with  such  request  and 
such  returns  as  are  found  erroneous  have  been  amended, 
as  provided  in  the  preceding  sections,  the  board  of  alder- 
men shall  forthwith  declare  the  result  of  the  election,  and 
the  city  clerk  shall  thereupon  issue  certificates  of  their 
election  to  the  persons  appearing  from  such  returns  to 
be  elected. 

Section  108.  City  and  town  clerks  shall  within  ten 
days  from  the  day  of  an  election  for  electors  of  president 
and  vice-president,  representatives  in  congress,  governor, 
lieutenant-governor,  councillors,  senators,  secretary, 
treasurer  and  receiver-general,  auditor,  attorney-general, 
commissioners  of  insolvency,  sheriffs,  registers  of  pro- 
bate and  insolvency,  district-attorneys  or  clerks  of  the 
courts,  transmit  copies  of  the  records  of  the  votes,  attested 
by  them,  certified  by  the  ma3^or  and  aldermen  or  select- 
men, and  sealed  up,  to  the  secretary  of  the  Common- 
wealth ;  they  shall  in  like  manner,  within  ten  days  after 
an  election  for  county  treasurer  or  register  of  deeds, 
transmit  such  copies  of  the  records  of  the  votes  to  the 
county  commissioners  of  their  several  counties ;  and 
within  ten  days  after  an  election  for  county  commission- 
ers, transmit  such  copies  of  the  records  of  the  votes  to 
the  clerks  of  the  courts  for  their  several  counties  ;  but  in 
the  county  of  Suffolk  the  return  of  votes  for  register  of 
deeds  shall  be  made  to  the  board  of  aldermen  of  Boston, 


1890.  —  Chapter  423.  427 

and  in  Revere  and  Winthrop  the  returns  of  votes  for 
county  commissioners  shall  be  made  to  the  clerk  of  the 
courts  for  the  count}'  of  Middlesex. 

Section  109.     City  and  town  clerks  shall  certify  to  Number  of 
the  secretary  of  the  Commonwealth  within  fifteen  days  ao^'checked 
after  the  day  of  an  election  for  state,  city  or  town  officers  cenmed  to\1ie 
the  total  number  of  names  of  persons   checked  on    the  secretary, 
lists  of  voters  as  having  voted  in    each  town  or  voting 
precinct  at  such  elections. 

Section  110.     Proof  that  a  return  of  votes  was  prop-  Proof  of  return 
erl}'-  directed  to  the  person  to  whom  it  was  required  to  erird^reJiedr 
be  transmitted  or  delivered,  and  mailed  within  the  time  comphant^for'° 
fixed  by  law  for  such  transmission  or  delivery,  shall  be  deiiuquency. 
a  bar  to  any  complaint  for  delinquency. 

Section  111.     When  a  return  of  votes   from  a  city  when  return  of 

.  .  .,  ,  ,~r-  /-I  ,  r   .^        votes  is  received 

or  town  IS  received  at  the  office  of  the  secretary  of  the  unsealed,  sealed 
Commonwealth   not  sealed  up  as  by  law  required,  he  to^be  traD^s*l°' 
shall  forthwith  give  notice  thereof  to  the  returning  offi-  ™'"«d. 
cers ;  who  upon  the  receipt  of  such  notice  shall  make  a 
copy  of  their  record  of  the  votes  of  said  election,  and 
transmit  the  same,  certified  by  them  under  oath  to  be 
correct,  to  the  secretary,  and  sealed  up  as  required  by 
law  in  the   case  of  original   returns.     If  such   copy   is 
received  by  the  secretary  before  the  day  on  which  by 
law  the  returns  are  to  be  opened  and  the  votes  counted, 
and  if,  upon  opening   said   copy  by  the   governor  and 
council,  the  legislature,  or  any  person  authorized  so  to 
do,  the  original  return  is  found  in  substantial  conformity 
therewith,  it  shall  not  be  rejected  because  of  informality. 

Section  112.  The  secretary  shall  furnish  to  the  Bianij forms, 
several  cities  and  towns  blank  forms  and  envelopes  for  to  be  furnished 
all  certificates,  transcripts  and  returns  required  to  be 
made  to  his  office  under  this  act,  with  such  printed 
directions  on  the  envelopes  as  he  deems  necessary  for 
the  guidance  and  direction  of  such  officers  in  making 
the  returns  according-  to  law. 

Section    113.     A   memorandum   of  the   date  of  the  Memorandum 
reception  of  all  returns  of  votes  at  the  secretary's  office  date^"  recap- 
shall  be  made  at  said  office  on  the  envelopes  contain-  *'°°' 
ing  them  ;  and  if  a  return  required  to  be  sealed  up  is 
received   unsealed,  the   secretary  shall   make   a  memo- 
randum of  such  fact  upon  said  return. 

Section    114.      The    secretary    upon    receiving    the  Retumstobe 
returned   copies  of  the  records   of  votes   shall   transmit 


to  cities  and 
towns. 


428 


1890.  — Chapter  423. 


governor  and 
council  with 
seals  unbroken. 


Abstract  of  re- 
turns of  votes  to 
be  furnished  to 
newspapers, 
upon  applica- 
tion. 


Examination  of 
returns  by  gov- 
ernor and  at 
least  five  mem- 
bers of  the 
council. 


Returns  to  be 
placed  in 
envelopes  after 
examination 
and  laid  before 
the  senate  and 
house  of  repre- 
sentatives. 


Number  of 
assessed  polls  of 
rfgistered 
voters  and  the 
number  who 
voted  to  be  re- 
ported to  the 
legislature. 


them  as  received  with  their  seals  unbroken  to  the  gov- 
ernor and  council ;  and  the  governor  with  five  at  least  of 
the  council  shall  as  soon  as  may  be  examine  them  ;  and 
he  shall  issue  his  summons  to  such  persons  as  appear  to 
be  chosen  to  the  offices  of  governor,  lieutenant-governor, 
councillors,  secretary,  treasurer  and  receiver- general, 
auditor,  attorney-general,  and  senators ;  and  to  such 
persons  as  appear  to  be  chosen  members  of  congress, 
commissioners  of  insolvency,  sheriffs,  registers  of  pro- 
bate and  insolvency  district-attorneys  and  clerks  of  the 
courts,  he  shall  forthwith  transmit  a  certificate  of  such 
choice,  signed  by  the  governor  and  countersigned  by 
the  secretary. 

Section  115,  Upon  the  completion  of  the  examina- 
tion of  the  copies  of  the  records  of  votes  by  the  governor 
and  council,  and  the  determination  of  the  persons  sev- 
erally appearing  to  be  elected  in  accordance  therewith, 
the  secretary  of  the  Commonwealth  shall  furnish  to  such 
newspapers  in  the  Commonwealth  as  shall  apply  tor  the 
same  an  abstract  of  the  returns  of  votes.  All  copies  of 
records  of  votes,  whether  original  or  corrected,  shall  be 
placed  and  remain  on  file  in  the  office  of  the  secretar}^ 
of  the  Commonwealth,  and  be  there  open  to  inspection 
by  any  interested  person  who  ma}'  apply  therefor. 

Section  116.  The  governor  shall  in  the  presence 
of  at  least  five  councillors  make  and  subscribe  a  certifi- 
cate of  the  examination  of  the  returns  of  votes  for  gov- 
ernor, lieutenant-governor,  and  councillors,  required  by 
article  sixteen  of  the  amendments  of  the  constitution, 
and  of  the  result  of  said  examination. 

Section  117.  After  such  examination,  the  returns 
shall  be  replaced  in  their  respective  envelopes,  which 
with  the  returns  and  such  certificate,  the  governor  shall 
deliver  to  the  secretary,  and  the  secretar}^  on  the  first 
Wednesday  of  January  shall  lay  the  same,  together  with 
schedules  showing  the  number  of  ballots  which  appear 
to  have  been  cast  for  each  person  voted  for,  before  the 
senate  and  house  of  representatives. 

Section  118.  The  secretary  of  the  Commonwealth 
shall  report  to  the  legislature,  on  or  before  the  first  day 
of  February  of  each  year,  the  number  of  assessed  polls, 
the  number  of  registered  voters  at  the  date  of  the  last 
preceding  city,  town  and  state  elections,  and  the  total 
number  of  persons  who  voted  at  such  elections  in  each 


1890.  —  Chapter  423.  429 

city,  town  or  voting  precinct.  Said  report  shall  be  one 
of  the  series  of  public  documents,  and  fifteen  hundred 
copies  shall  be  printed  annually. 

Section  119.     On  the  first  Wednesday  of  the  month  Esaminauou  of 

.     -',  .         returns  of  votes 

succeedinor  an  election  for  county  commissioner  or  special  for  county  com- 

•  ^  ,,  .-*'.  r        ,1  \       r        tnissioner,  etc. 

commissioners,  the  board  oi  examiners  lor  the  county  lor 
which  the  election  was  held  shall  meet;  and  the  clerk 
of  the  courts  shall  present  the  returned  copies  of  votes 
at  such  election  ;  and  the  board  shall  open  and  examine 
them,  and  notify  each  person  chosen  of  his  election. 
If  such  board  or  clerk  wilfully  neglects  to  perform  any  Penalty. 
duty  required  of  them  under  this  section,  each  of  them 
so  neglecting  shall  forfeit  a  sum  not  exceeding  two  hun- 
dred dollars. 

Section    120.     The   board    shall  within    three  days  F®°^i'y.^°^J"- 

•  •  /-I  •  •  1  /-n  r  lu'ly  withold- 

after  such  examination  file  such  copies  in  the  ornce  ol  sng  return. 

the  clerk ;  and  any  one  of  them  wilfully  detaining  in  his 

custody  such  a  copy  three  days  after  the  time  for  tiling 

it  has  expired  shall  forfeit  fifty  dollars,  and  the  same  sum 

for  each  succeeding  day  of  such  detention  ;  and  the  clerk 

shall  notify  the  attorney-general  of  eveiy  neglect  so  to 

file  and  of  everj^  such  detention.     The  board  shall  also  secretary  to  be 

forthwith  notifv  the  secretary  of  the  Commonwealth  of  person  chosen 

.1  j'^'j  r     "  L  J    and  of  vacancy. 

the  name  and  residence  of  every  person  so  chosen,  and 
the  date  when  his  term  of  service  will  expire  ;  and  shall 
give  the  like  notice  of  any  vacancy  in  either  of  said 
offices. 

Section    121.     County   commissioners  shall,  on   the  Examination  of 

^  -^-fj      ^  ^  r      ^  ''  ^  T  1  returns  of  votes 

nrst  Wednesday  ol  the  montli  next  succeeding  an  elec-  for  county 
tion  for  county  treasurer  or  register  of   deeds    in  their  reglsteV^of"^ 
county,  open  and  examine  the  returned  copies  of  records  fa^t^tobe"^ 
of  votes  at  such  election  and  notify  the  person  chosen  "otified. 
of  his  election  ;  they  shall  also  forthwith  notify  the  secre- 
tary of  the  Commonwealth  of  the  name  and  residence 
of  eveiy  person  so  chosen  and  the  date  when  his  term 
of  service  will  expire  ;  and  shall  give  the  like  notice  of 
any  vacancy  in  either  of  said  offices.     In  Suffolk  county 
the  board  of  aldermen  of  Boston,  within  ten  days  after 
an  election  for  register  of  deeds  for  said  county,  shall  so 
open  and  examine  the  votes  of  such  election  and  give 
notice  as  above  provided. 

Section  122.  If,  upon  examination  of  the  returned  com°p']ete! e"c., 
copies  of  records  of  votes,  it  shall  appear  to  the  governor  made'^aud  *°  ^"^ 
and  council,  board  of  examiners  or  county  commissioners  transmitted. 


430 


1890.  —  Chapter  423. 


New  return  to 
be  made  within 
seven  days. 


Statements  rela- 
tive to  election 
not  to  be  made 
prior  to  public 
declaration  of 
vote. 


Penalties. 


Precinct  officers 
to  have  full 
authority  to 
preserve  order 
at  and  around 
polling  place. 


Police  oflicerB  to 
be  stationed  at 
polling  places. 


that  any  such  copy  is  incomplete  or  erroneous,  they  may 
order  a  new  copy  of  the  record  to  be  made  and  trans- 
mitted in  the  manner  provided  for  making  and  transmit- 
ting the  original  return.  Said  new  copy  shall  be  returned 
by  the  clerk  of  the  city  or  town  within  seven  days  after 
the  date  of  the  order  requiring  the  same  to  be  made,  and 
if  adjudged  to  be  correct  and  in  conformity  to  the  require- 
ments of  law  shall  thereupon  have  the  same  force  and 
effect  as  an  original  return  correctly  made  and  trans- 
mitted. The  provisions  of  law  applicable  to  the  filing 
of  original  returns  of  votes  by  boards  of  examiners  shall 
apply  to  the  filing  of  such  new  returns. 

Section  123.  Prior  to  the  public  declaration  of  the 
vote  at  an  election,  no  statement  shall  be  made  by  any 
selectman,  clerk,  warden,  inspector,  teller  or  other  elec- 
tion officer,  of  the  number  of  ballots  cast,  the  number  of 
voters  present,  the  number  of  votes  given  for  any  person 
or  for  any  officer,  the  name  of  any  person  who  has 
voted,  the  name  of  any  person  which  has  been  voted  on, 
or  of  any  other  fact  tending  to  show  the  state  of  the 
polls. 

Section  124.  Any  selectman,  clerk,  warden,  in- 
spector, teller  or  other  election  officer  who  violates  the 
provisions  of  the  preceding  section  shall  be  punished 
by  fine  not  exceeding  one  hundred  dollars  or  by  im- 
prisonment in  the  house  of  correction  for  twenty  days. 

Section  125.  Precinct  officers  shall  possess  full 
authority  to  maintain  regularity  and  order  and  to  enforce 
obedience  to  their  lawful  commands  during  an  election 
and  during  the  canvass  of  the  votes  after  the  closing 
of  the  polls,  and  shall  have  full  authority  to  preserve 
peace  and  good  order  at  and  around  the  polling  place 
and  to  keep  the  access  thereto  open  and  unobstructed, 
and  may  require  any  police  officers,  constables  or  other 
persons  present  to  communicate  their  orders  and  direc- 
tions and  to  assist  in  the  performance  of  the  duties  in  this 
section  enjoined. 

Section  120.  It  shall  be  the  duty  of  the  selectmen 
of  each  town  and  of  the  chief  executive  officer  of  the  police 
force  of  each  city  to  detail  a  sufficient  number  of  con- 
stables or  police  officers,  who  shall  be  stationed  at  each 
polling  place  on  the  da}^  of  election,  to  preserve  order 
and  to  protect  each  and  all  of  said  election  officers  and 
supervisors  from  any  interference   with  or  obstruction  in 


1890.  —  Chapter  423.  431 

the  performance  of  their  respective  duties,  and  to  aid 
in  enforcing  the  provisions  of  law  relating  to  elections. 

Section   127.     If  any  person  shall  refuse  to  obey  the  Person  offend- 
lawful  commands  of  the  election  officers,  or,  by  disorderly  intocuBtody, 
conduct  in  their  presence  or  hearing,  shall  interrupt  or  hlbiredf'rom 
disturb  their  proceedings,  they  may  make  an  order  direct-  '*'°''"s- 
ing  any  constable  or  police  officer,  or  other  person,  to 
take  the  person  so   offending  into   custody    and  detain 
him  until  the  final  canvass  of  the  votes  shall  becompleted, 
but  such  order  shall  not  prohibit  the  person  so  taken  into 
custody  from  voting  at  such  election. 

Section  128.     If  any  person  shall  wilfullv  disobey  Penalty,  for 

1/-1  ^  r      ^  ^  •  rr-  "^  it'i    disobeying 

any  lawful  commands   oi   the  election  officers,    or  shall  orders  of  eiec 
wilfully  and  without  lawful  authority  obstruct,  hinder  or  obst nictlng*  ""^ 
delay  any  voter  on  his  way  to  any  polling  place  where  ^°'*"'" 
an  election  is  to  be  held,  or  while  he  is  exercising    or 
attempting  to  exercise    the  right  of  voting,  or  shall  aid 
or  assist  in  such  obstruction  or  delay,  he  shall  be  punished 
by  fine  not  exceeding  two  hundred  dollars  or  by  imprison- 
ment in  the  house   of  correction  for  not  more  than  one 
year. 

Section  129.  Whoever  knowing  that  he  is  not  a  foriiiegai 
qualified  voter  at  an  election  wilfully  votes  for  any  ^^  '°^" 
officers  to  be  then  chosen,  or  whoever  so  votes  more 
than  once  on  his  own  name,  or  whoever  so  votes  in  more 
than  one  town  or  voting  precinct,  his  name  having  been 
registered  more  than  once  or 'in  more  than  one  town  or 
voting  precinct,  shall  be  punished  by  fine  not  less  than 
three  hundred  dollars  or  by  irrtprisonment  in  jail  for  not 
less  than  three  nor  more  than  twelve  months. 

Section  130.     Whoever  wilfullv   aids  or   abets   any     for  aiding  in 

,111  , .  ^      ,    .  .  -^  .  -^    illegal  voting. 

one  not  legally  qualified  in  voting  or  attempting  to  vote 
at  an  election,  shall  forfeit  a  sum  not  exceeding  two 
hundred  dollars  for  every  such  offence,  or  shall  be 
punished  by  imprisonment  in  jail  for  not  less  than  one 
nor  more  than  twelve  months. 

Section  131.  Whoever,  with  intent  to  cheat  or  de-  for  altering, 
fraud,  alters  any  ballot  cast  for  any  officer  at  any  election  fntentVch^t, 
held  for  the  choice  of  public  officers  ;  and  whoever,  with 
such  intent,  deposits  any  ballot  in  the  ballot-box  used  at 
such  election  or  in  the  envelope  used  for  the  preserva- 
tion of  any  state  or  city  ballots  cast  at  such  election  ;  and 
whoever,  with  such  intent,  removes  any  ballot  from  such 
ballot-box   or   envelope,   shall  be  punished  by   fine  not 


etc. 


432 


1890.  —  Chapter  423. 


aDother  name. 


for  illegal 
voting. 


exceedino;  five   hundred  dollars  or  bv  imprisonment  in 
the  jail  not  exceeding  three  years. 
Penalty  for  vot-       Section  132.     Whoevcr,  in   an   assembly    of  people 

ing  under  .  i    •     i  ^     ^       i'      •        ^^•  r 

met  for  a  lawtul  purpose  at  which  an  alphabetical  list  oi 
voters  is  used  in  voting,  votes  or  attempts  to  vote  under 
any  name  other  than  his  own,  shall  be  punished  by  fine 
not  exceeding  fiftv  dollars  or  by  imprisonment  in  the 
jail  not  exceeding  thirty  days. 

Section  133.  Whoever  votes  or  attempts  to  vote 
upon  any  name  other  than  his  own  at  any  state,  city  or 
town  election,  or  whoever  knowingh'  gives  more  than 
one  ballot  at  one  time  of  balloting  at  such  election,  shall 
be  punished  by  imprisonment  in  the  house  of  correc- 
tion for  not  less  than  three  months  nor  more  than  one 
year. 

Section  134.  Whoever  aids  and  abets  any  person  in 
the  commission  of  the  offences  described  in  the  preced- 
ing section  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars  or  by  imprisonment  in  the  house  of 
correction  not  exceeding  one  year. 

Se;ction  135.  Whoever  wilfully  gives  a  false  answer 
to  the  selectmen  or  moderator  presiding  at  an  election 
shall  forfeit  for  each  offence  a  sum  not  exceeding  one 
hundred  dollars. 

Section  136.  Whoever  by  bribery,  or  threatening 
to  discharge  from  his  employment,  or  to  reduce  the 
wages  of,  or  by  a  promise  to  give  employment  or  higher 
wages  to,  a  person,  attempts  to  influence  a  qualified  voter 
to  give  or  withhold  his  vote  in  an  election,  shall  be 
punished  by  fine  not  exceeding  three  hundred  dqjlars 
or  b}'  imprisonment  in  the  jail  or  house  of  correction 
for  a  term  not  exceeding  one  year,  or  both,  at  the  discre- 
tion of  the  court. 

Section  137.  Whoever  pays,  gives  or  bestows,  or 
directly  or  indirectly  promises,  any  gift  or  reward  to 
secure  the  vote  of  any  person  for  anv  officer  to  be  voted 
for  at  any  state,  city  or  town  election,  shall  be  punished 
by  fine  of  not  less  than  fifty  nor  more  than  one  thousand 
dollars  or  by  imprisonment  in  the  house*  of  correction 
for  not  less  than  three  months  nor  more  than  one  year, 
or  both,  at  the  discretion  of  the  court. 

Section  138.  Whoever  is  disorderly  at  a  meeting 
held  for  an  election  mentioned  in  this  act  shall  forfeit  a 
sum  not  exceeding  twenty  dollars. 


for  aiding  or 
abetting  in  ille- 
gal voting. 


for  giving 
false  answers. 


for  attempt- 
ing to  influence 
voters  by 
bribes,  etc. 


for  bribery  at 
elections. 


for  disorderly 
conduct. 


1890.  —  Chapter  423.  433 

Section   139.     Whoever  in  a  town,  ward  or  precinct  PrcBiding officer 

.  ...     ,     ^  ,       .  to  require  per- 

meetincj,  smokes  or  has  in  his  possession  a  hfjhted  pipe,  son  smoking  or 

"-•  .  .  .  ,'-'.'■'■  having  liquor  to 

Cigarette  or  cigar,  or  carries  into  any  such  meeting  or  withdraw, 
keeps  therein  any  intoxicating  liquor,  shall  be  deemed 
guilty  of  disorderly  conduct,  and  the  moderator,  warden 
or  other  presiding  officer  at  such  meeting  shall  order 
such  person  to  remove  such  pipe,  cigarette,  cigar  or 
liquor,  or  to  withdraw  himself  from  such  place  of  meeting  ; 
and,  on  his  refusing  or  declining  to  obey  such  order, 
shall  direct  any  police  officers,  constables  or  other  per- 
sons present,  to  take  him  from  the  meeting  and  confine 
him  in  some  convenient  place  until  the  meeting  is 
adjourned.     The  person  so  refusing  shall  for  every  such  Penalty  for  dis- 

J  ^   _  x^  fc>  J  obedience. 

offence  forfeit  a  sum  not  exceeding  twenty  dollars. 

Section   140.       If    a    city    or    town    officer   wilfully  Penalty,  on  otii- 

1        ,  r  ^  r  ii  1     ,  •  •         1       r  1    •         cers  for  ncgltct 

neglects  or  reluses  to  pertorm  the  duties  required  oi  hnn  orrefuf^ai. 
respecting  elections  by  the  provisions  of  this  title  he  shall 
for  each  offence  forfeit  a  sum  not  exceeding  two  hundred 
dollars. 

Section  141.     The  clerk  of  any  city  or  town    who     on  clerks  for 

^    .,  ,  ,     ,  •',•',..  failure  to  niiiUe 

tails  to  make  return  of  the  votes  given  therein  m  con-  return  of  votes, 
formity  with -the  provisions  of  law   shall  be  liable  to  a 
fine  of  not  less  than  five  nor  more  than  fifty  dollars. 

Section  142.       The    provisions  of  this  title  relating  speciScpro- 

«  visions  iii  citv 

to  cities,  except  section  one  hundred  and  seven,  shall  not  charters  to  re- 
be  deemed   to  repeal  or  modify  any   provisions  of  law  ™'""'" 
inconsistent   therewith    and    now    in    force  by  virtue  of 
statutes  relating  to  particular  cities  :  provided,  however.  Proviso, 
that   all  elections   in   cities  which,  by  any    statute,    are 
appointed  to  be  held  on  a  Monday,  shall  be  held  on  the 
Tuesday  next  following  such  Monda}^ 

Section  143.     No  person  entitled  to  vote  at  a  state  Time  to  be 

1  .  1       11     1  11  11  1    •     1  allowed  for  vot- 

efection  shall   be  employed  upon  the  day  on  which  any  ing  of  em- 
state  election  occurs  in  any  manufacturing,   mechanical  ^'°^®'^*" 
or  mercantile  establishment  in  this  Commonwealth,  ex- 
cept   such    establishment    as    may    lawfully  conduct    its 
business  on   the  Lord's  day,   during  the  period  of  two 
hours  after  the  opening  of  the  polls  in  the  town,  ward  or 
precinct  in  which  such  person  is  entitled  to  vote  :  -pro-  Proviso. 
vided,  such  person  shall  make  application  for  leave  of 
absence  during  such  time. 

Section   144.     Every  owner,  superintendent  or  over-  Penalty. 
seer  in  any  such  establishment  who  employs  or  permits 
to  be  employed  any  person  in  violation  of  the  preceding 


434 


1890.  —  Chapter  423. 


Election  laws 
of  Boston  not 
repealed. 


section  shall  forfeit  not  less  than  twenty  nor  more  than 
fifty  dollars  for  each  offence. 

Section  145.  The  provisions  of  this  title  shall  not  be 
deemed  to  repeal  the  special  laws  relating  to  elections  in 
the  city  of  Boston. 

TITLE   III. 


OFFICERS  TO  BE  VOTED  FOR  AT  STATE  ELECTIONS. 

pnclwe  to  state       SECTION   146.     The    provisions  of  law  applicable  to 
elections  to        State  elections  shall  apply  to  the  election  of  the  officers 

apply.  ,  ,  '■  '■    '^       .  ,         ^  -ii 

herein  referred  to  except  as  herematter  provided. 


Election  of 
governor  and 
other  state 
officers. 


Warrants  for 
meetings  for 
election  of 
representatives. 


Transcript  of 
records  to  be 
made. 


Place  at  wiiich 
clerks  shall 
assemble,  etc., 
to  be  desig- 
nated. 


GOVERNOR,    ETC. 

Section  147.  The  governor,  lieutenant-governor, 
councillors,  secretary,  treasurer  and  receiver-general, 
auditor,  attorney-general,  and  senators  and  representa- 
tives in  the  the  general  court,  shall  be  elected  annually 
on  the  Tuesday  next  after  the  first  Monday  of  Novem- 
ber, as  prescribed  in  the  constitution. 

Section  148.  Warrants  for  meetings  for  the  election 
of  representatives  shall  direct  that  the  voters  in  cities, 
towns,  wards  and  precincts  be  notified  to  bring  in  their 
votes  on  one  ballot  for  the  representatives  to  which  their 
several  districts  are  entitled,  and  shall  specify  the  num- 
ber thereof. 

Section  149.  In  cities,  towns,  wards  and  precincts 
composing  a  part  of  a  representative  district,  the  select- 
men and  town  clerks  and  election  officers,  in  open  town, 
ward  and  precinct  meetings,  and  the  mayor  and  aldermen 
and  city  clerks,  shall  forthwith,  upon  the  vote  for  repre- 
sentative being  recorded,  make  out  under  their  hands, 
and  seal  up  and  deliver  to  their  respective  clei-ks  a  true 
transcript  of  such  record. 

Section  loO.  The  officers  or  boards  authorized  by 
the  constitution  to  apportion  the  representation  assigned 
to  the  several  counties,  at  their  meeting  for  such  purpose, 
shall  designate  a  place  in  each  representative  district, 
not  contained  in  or  consisting  of  one  town  or  city,  at 
which  the  clerks  of  cities,  towns,  wards  and  precincts 
composing  such  district  shall  assemble  for  the  purpose  of 
ascertaining  the  results  of  elections.  Such  place  of  meet- 
ing may  be  changed  once  in  two  years  by  the  same 
authority,  after  a  hearing  on  the  petition  of  two  of  such 


1890.  —  Chapter  423.  435 

clerks.  Due  notice  of  such  designation  or  change  shall 
be  given  by  said  officers  or  boards  to  the  secretary  of  the 
Commonwealth  and  to  every  city,  town,  ward  and  pre- 
cinct in  the  district. 

Section  151.     The  clerks  of  cities,  towns,  wards  and  ^|j*'^g",V((e,er. 
precincts  composing  such  district  shall  meet  at  noon  on  mine  choice  of 

1  11/-1,.  !•  r  .     s'  representative. 

the  tenth  day  lollowmg  an  election  tor  representatives, 
at  the  place  so  designated  ;  provided,  however,  that  such 
clerks  shall  meet  on  the  fourth  day  following  an  election 
for  representatives  to  fill  a  vacancy.  Such  clerks  shall 
examine  and  compare  such  transcripts  and  ascertain 
what  persons  have  been  elected.  If  any  error  appears  in 
a  transcript  or  return  the  clerks  shall  forthwith  give 
notice  thereof  to  the  officers  required  to  make  the  return, 
and  such  officers  shall  forthwith,  in  conformity  to  the  truth 
and  under  oath,  make  a  new  return,  which,  whether 
made  w4th  or  without  such  notice,  shall  be  received  and 
examined  by  said  clerks  within  two  days  after  the  time 
appointed  for  the  meeting ;  and  for  that  purpose  the 
meeting  may  be  adjourned  not  exceeding  two  days.  No 
return  shall  be  rejected  when  the  number  of  votes  given 
for  each  candidate  can  be  ascertained. 

Section  152.       Such    clerks    shall   at    such  meeting  Gierke  to  make 

,  1  1      •       1  1  1  r     ^        return  and 

make  out  under  their  hands  a  complete  return  oi  the  record. 
names  of  all  persons  for  whom  votes  were  given  in  the 
district,  and  the  number  of  votes  for  each  person,  and  a 
record  of  the  return  shall  be  made  in  the  book  of  records 
of  their  respective  cities,  towns,  wards  or  precincts 
within  four  days  after  the  day  of  the  meeting. 

Section  153.     When  it  is  ascertained  who  is  elected  ^.^^^^^l^^^l' 
representative  in  a  district  composed  of  one  town  or  city,  made  and  trans- 

'^  .^  -  .  ,  ,     "^       ranted  withm 

or  one  or  more  wards  or  precincts  of  a  cit}',  the  select-  fifteen  days 

dii  in  1  i.jT     after  election, 

aldermen,  shall  make  out  dupli- 
cate certificates  thereof,  and  shall  transmit  them  within 
fifteen  days  after  the  day  of  election,  one  to  the  office  of 
the  secretary  of  the  Commonwealth  and  the  other  by 
a  constable  or  other  authorized  officer  to  the  person 
elected. 

Section  154.       When    the    clerks    of    cities,   towns.  Duplicate cer- 
wards  and  precincts  composing  a  district,  at  their  meet-  raacrJlnd'trans- 
ing  for  the  purpose,   ascertain  that  a  representative  is  fl/teen  dlye'" 
elected  in  their  district,  they  or  a  majority  of  them  shall  after  election, 
make  out  duplicate  certificates  thereof",  and  shall  transmit 
them  within  fifteen  davs  after  the  dav  of  election,  one  to 


436 


1890.  — Chapter  423. 


Return  of  votes 
to  be  traDB- 
mitted  within 
fifteen  days 
after  election . 


Form  of  certifi- 
cate. 


the  office  of  the  secretary  of  the  Commonweahh  and  the 
other  by  a  constable  or  other  authorized  officer  to  the 
person  elected. 

Section  155.  City  and  town  clerks  shall  transmit  to 
the  secretary  of  the  Commonwealth,  within  fifteen  days 
after  the  day  of  an  election  for  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. 

Section  156.  Such  certificates  of  election  shall  be 
in  substance  as  follows  :  — 


Commonwealth  of  IMassachusetts,  county  of  .         Pm'- 

suant  to  a  law  of  this  Commonwealth,  the  qualified  A'oters  of  Repre- 
sentative District  Number  ,  in  their  several  meetings  on  the 
day  of  November  instant,  for  the  choice  of  representa- 
tives in  the  general  court,  did  elect  ,  being 
inhabitants  of  said  district,  to  represent  them  in  the  general  court  to 
be  holden  on  the  first  Wednesday  of  January  next. 

Dated  at  the  day  of 

in  the  year  one  thousand  eight  hundred  and 


If  no  choice, 
certificate  to  be 
sent,  etc. 


Proceedings  in 
case  of  a 
vacancy. 


Such  certificates  shall  have  a  return  thereon,  signed 
by  the  officer  authorized  to  give  such  notice,  and  stating 
that  notice  of  the  choice  was  given  to  the  persons  therein 
mentioned,  and  that  said  persons  were  summoned  to 
attend  the  general  court  accordingly. 

Section  157.  If  it  appears  that  no  choice  of  repre- 
sentative has  been  effected  by  reason  of  two  or  more 
persons  having  the  same  number  of  votes,  so  that  no 
person  has  a  plurality,  a  certificate  of  the  fact  shall  be 
transmitted  to  the  secretary  of  the  Commonwealth  by  the 
same  officers  and  in  the  same  manner  as  is  hereinbefore 
provided  for  one  of  the  certificates  of  election  in  cases 
when  an  election  is  made. 

Section  158.  When  a  vacancy  occurs  in  a  repre- 
sentative district,  the  speaker  of  the  house  of  represen- 
tatives shall,  in  the  precept  which  he  may  issue  by  order 
of  the  house  giving  notice  of  such  vacancy,  appoint  a 
time  for  an  election  to  fill  the  same.  Upon  the  reception 
of  such  precept,  the  mayor  and  aldermen  of  a  city  and 
the  selectmen  of  the  towns  comprising  the  district  shall 
issue  their  warrants  for  an  election  on  the  day  named  in 
the  precept ;  and  similar  proceedings  shall  be  had  in 
filling  such  vacancy  as  in  the  original  election  of  repre- 
sentatives. 


1890.  —  Chapter  423.  437 

Section  159.     The  blank  forms  for  certificates  and  S'!'!!'''',!!!.^'""* 

rettirnB  to  con- 

returns     required    under    tliis    title    shall    have    printed  *»'"  certain  pro- 

,  ^.  iiiir--i  1  visions  of  law. 

thereon  sections  one  hundred  and  ntty-three,  one  hun- 
dred and  fifty-four,  one  hundred  and  fifty-six  and  one 
hundred  and  fift^-seven  of  this  act,  and  the  first  four  sec- 
tions of  chapter  two  of  the  Public  Statutes. 

Section  160.     In  all  returns  of  elections  the  whole  whoie number 
number  of  ballots  given  in  shall  be  distinctly  stated  in  Mated."" '"  ^^ 
words   at  length  :  fi-ovidcd,  that  the  omission   to   state  proviso, 
the  whole  number  of  ballots  shall  not  make  the  return 
invalid  in  an}^  case  in  which  the  true  result  of  the  election 
can  be  ascertained  from  the  other  parts  of  the  return,  or 
by  a  recount  made  in  conformity  with  the  provisions  of 
law. 

Section   161.     A  selectman    giving-    a    certificate  ofP^°aity,on 

,  .  .      .  '^  ~  .  selectmen  for 

election  to   a   person  voted  for  as   representative  to  the  faUe  certificate, 
general  court,  not  in  accordance  with  the  declaration  of 
the  vote  in  open  town-meeting  at  the  time  of  the  election, 
or  in   accordance  with   a   recount  of  votes,  shall  forfeit 
three  hundred  dollars. 

Section  162.     A  clerk  wilfully  signing  a  certificate     oncierksfor 
not   in    conformity   with    the    result    of  an    election,   as 
appearing  by  the  transcripts  and  returns  or  by  a  recount 
of  votes,  shall  forfeit  a  sum  not  exceeding  three  hundred 
dollars. 

Section  163.     Towns  and   cities    may  provide    suit-  Compensation 
able  compensation  to  clerks  and  selectmen  for  services  selectmen, 
performed  by  them  under  the  requirements  of  this  act. 

Section  164.     In  case  of  a  vacancy  in  the  office  ofp'^rk.pro 

.  .  .   .         .       "^  .  tempore. 

City  or  town  clerk,  or  any  disability  in  such  clerk  to  per- 
form the  duties  required  by  this  title,  the  selectmen, 
mayor  and  aldermen,  or  board  of  aldermen,  may  appoint 
a  clerk  pro  tempore,  who  shall  be  sworn  and  perform 
such  duties. 

representatives  in  congress. 

Section  165.  The  mayor  and  aldermen  and  select- Election  of 
men  of  the  several  cities  and  towns  shall,  as  provided  in  [n^congress?** 
this  act,  call  meetings  to  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  November  in  the  year  one  thou- 
sand eight  hundred  and  ninety,  and  thence  afterwards, 
biennally,  on  the  Tuesday  next  after  the  first  Monday  in 
November,  for  the  voters  to  give  their  votes  for  repre- 
sentatives in  congress. 


438 


1890.  — Chapter  423. 


Representatives 
in  Congress, 
envelopes  for 
returns  of  votes 
for. 


proceedings 
in  case  of  no 
choice. 


proceedings 
in  case  of  a 


Penalty  on  offi- 
cers for  neglect 
or  refusal. 


Section  166.  The  clerks  in  makincj  their  returns  of 
votes  for  representatives  in  congress  shall  transmit  them 
in  envelopes  expressing  on  the  outside  the  district  in 
which  the  votes  were  criven. 

Section  167.  In  case  of  no  choice  in  a  congressional 
district,  the  governor  shall  cause  precepts  to  issue  to  the 
mayor  and  aldermen  and  selectmen  of  the  several  cities 
and  towns  in  the  district,  directing  them  to  call  a  new 
meeting  on  the  day  appointed  in  such  precept  for  the 
voters  to  give  their  votes  for  a  representative  in  congress. 
The  precept  shall  be  accompanied  with  a  list  of  all  the 
persons  voted  for  in  the  district  who  received  fifty  votes 
or  more  according  to  the  next  preceding  return  and  shall 
show  the  number  of  votes  for  each  of  such  persons ; 
similar  proceedings  shall  be  had  thereon  and  the  same 
returns  made  as  in  an  original  election  ;  and  the  like 
proceedings  shall  be  repeated  as  often  as  occasion  may 
require. 

Section  168.  When  a  vacancy  happens  in  the  repre- 
sentation of  this  Commonwealth  in  congress,  the  governor 
shall  cause  precepts  to  issue  for  a  new  election  in  the  dis- 
trict where  the  vacancy  exists  ;  and  similar  proceedings 
shall  be  had  thereon  as  in  an  original  election. 

Section  169.  If  any  city  or  town  officer  wilfully 
neglects  or  refuses  to  perform  any  duty  required  of  him 
by  the  provisions  of  this  title  he  shall  forfeit  for  each 
offence  a  sum  not  exceeding  two  hundred  nor  less  than 
thirty  dollars. 


electors  of  president  and  vice-president  of 
the  united  states. 

president^Ld  Section   170.     In    cach    year  when    the    election    of 

vice-pre^uent,  president  and  vice-president  of  the  United  States  takes 
place  there  shall  be  chosen  as  many  electors  of  presi- 
dent and  vice-president  as  the  Commonwealth  is  at  such 
time  entitled  to. 

Section  171.  The  mayor  and  aldermen  and  select- 
men of  the  several  cities  and  towns  shall,  in  the  manner 
hereinbefore  provided  in  this  act,  call  meetings  to  be  held 
on  the  Tuesday  next  after  the  first  Monday  in  November 
of  such  3^ear  for  the  voters  to  give  their  votes  for  the 
whole  number  of  electors  to  which  the  Commonwealth 
is  entitled. 


election  of. 


1890.  —  Chapter  423.  439 

Section   172.     The  names  of  all  the  candidates  for  EiectorBof 
electors  shall  be  printed  on  each  ballot  as  provided  by  vicepreBident, 
chapter  four  hundred  and  thirteen  of  the  acts  of  the  year  lYnlxm^lf 
eighteen  hundred  and  eighty-nine  ;  and  each  group  of  bauot.'"''* "" 
candidates  shall  contain  the  name  of  at  least  one  inhab- 
itant of  each  congressional  district  into  which  the  Com- 
monwealth shall  be  then  divided  and  shall  designate  the 
congressional  district  to  which  he  belongs. 

Section  173.     The  governor  and  council  shall  within     govemorand 

,  -  ,  ^  -  r  ^  1  -L.  council  to  exam- 

ten  da^'s  alter  the  returns  oi  votes  lor  electors  have  been  ine  returns  of 

transmitted   to   the  secretary  of  the  Commonwealth,  as  make''p"rociain^- 
provided  in  this  act,  open  and  examine  such  returns  and  "°°- 
count  the  votes  and  declare  by  proclamation,  to  be  printed 
in  at  least  one  newspaper  in  each  county  of  the  Com- 
monwealth, the  names  of  the  several  persons  who  have 
received  not  less  than  one-fifth  of  all  the  votes  cast  and 
the  number  of  votes  received  by  each  person  ;  and  the  recerv^l'^certifi." 
several  persons  who  have  received  the  highest  number  of  cates  if  election 

'^  111  1         •  1      Ti  1  1  18  not  contested. 

votes  so  returned  and  whose  election  shall  not  have  been 
contested  and  notice  of  such  contest  given  to  the  gov- 
ernor within  fourteen  days  of  the  date  of  such  proclama- 
tion shall  be  deemed  and  taken  to  be  elected ;  and  the 
governor  shall  thereupon  transmit  to  each  person  so 
chosen  a  certificate  of  his  election. 

Section  174.  If  upon  examination  of  the  returns  of  ^henT majm-lty 
votes  it  appears  that  a  majority  of  the  whole  number  of  *'^^"°'*'*^°'"^°• 
electors  are  not  chosen,  the  governor  shall  forthwith  by 
proclamation  call  the  legislature  together,  which  shall, 
by  joint  ballot  of  the  senators  and  representatives 
assembled  in  one  room,  choose  as  many  electors  as  may 
be  necessary  to  complete  the  full  number. 

Section  175.  The  electors  shall  convene  at  the  state  timeand place 
house  in  Boston  on  the  Saturday  preceding  the  second 
Monday  in  January  following  their  election,  at  three 
o'clock  in  the  afternoon.  In  case  of  the  death  or  absence 
of  an  elector,  or  in  case  the  number  of  electors  is  de- 
ficient, the  electors  present  shall  forthwith  elect  from  the 
citizens  of  the  Commonwealth  so  many  persons  as  shall 
supply  the  deficiency. 

Section  176.     The  electors  so  convened  shall  on  said  tif'yanTtrads". 
second  Monday  in  January  vote  by  ballot  for  one  person  "li'  ''^'s  to  seat 

1  /-•  •  1  ri°'  government. 

for  president  and  one  person  for  vice-president  oi  the 
United  States  ;  one  of  whom  at  least  shall  not  be  an 
inhabitant  of  this  Commonwealth.     They  shall  name  in 


410 


1890.  — Chapter  423. 


Electors  of 
president  and 
vice-president. 


compensa- 

tiOD. 


Candidate  who 
received  one- 
tifth  of  Vdtes 
cast  may  apply 
to  S.  J.  C.  to  be 
declared 
elected. 


Petition  to  be 
tiled  within 
seven  days  from 
date  of  procla- 
mation, to  give 
names,  etc. 


Notice  of  sub- 
stance of  peti- 
tion and  day  of 
hearing  to  be 
given  to  gov- 
ernor, and 
other  candi- 
dates. 


their  ballots  the  person  voted  for  as  president,  and  in 
distinct  ballots  the  person  voted  for  as  vice-president ; 
and  the}^  shall  make  distinct  lists  of  all  persons  voted 
for  as  president  and  vice-president,  and  of  the  number^ 
of  votes  given  for  each ;  which  lists  they  shall  sign  and 
certify,  and  transmit,  sealed  up,  to  the  seat  of  the  govern- 
ment of  the  United  States,  directed  to  the  president  of 
the  senate  ;  and  they  shall  in  all  respects  proceed  con- 
formably to  the  constitution  and  laws  of  the  United 
States. 

Section  177.  Each  elector  shall  receive  three  dol- 
lars a  day  for  attendance,  and  the  same  compensation  for 
travel  as  is  allowed  to  a  member  of  the  general  court. 

Section  178.  An}'  person  who,  by  the  proclamation 
of  the  governor  as  hereinbefore  provided,  appears  to  have 
received  not  less  than  one-fifth  of  the  votes  cast  in  an 
election  for  electors  of  president  and  vice-president  of 
the  United  States  may  apply  to  the  supreme  judicial 
court  in  the  county  of  Suffolk  for  a  declaration  of  his 
election  as  elector. 

Section  17U.  Such  application  shall  be  made  by 
petition  in  writing,  to  be  filed  within  seven  days  from  the 
date  of  the  proclamation  provided  for  in  section  one 
hundred  and  seventy-three  of  this  act.  The  petition 
shall  set  forth  the  names  of  the  person  or  persons  whose 
election  is  contested  and  the  grounds  for  such  contest. 
The  petitioner  shall,  upon  filing  such  petition  and  before 
any  proceedings  are  had  thereon,  recognize  to  the  Com- 
monwealth, in  such  sum  and  with  such  sureties  as  the 
court  shall  order,  to  pay  all  costs  incurred  in  the  prose- 
cution of  such  petition  in  case  he  shall  not  prevail  in  the 
same. 

Section  180.  Upon  the  filing  of  said  petition  and 
the  giving  of  the  said  recognizance,  the  said  court  shall 
order  due  notice  of  the  petition  to  be  given,  in  such  man- 
ner as  it  may  direct,  to  the  governor  of  the  Common- 
wealth and  to  the  person  or  persons  whose  elections  are 
contested,  said  notice  to  be  published  in  such  newspapers, 
being  at  least  one  in  each  county  of  the  Commonwealth, 
as  the  court  shall  order.  Such  notice  shall  contain  a 
short  statement  of  the  substance  of  the  petition  and  shall 
designate  the  day  fixed  by  the  court  for  the  hearing  of 
the  same,  which  day  shall  be  not  less  than  three  nor 
more  than  seven  days  from  the  filing  of  the  petition. 


1890.  —  Chapter  423.  441 

Section  181.     At  the  day  fixed  for  the  hearinij  the  Petitioner  to 

,11  11  1    •  -1  11        appearand 

petitioner  shall  appearand  produce  his  evidence,  and  the  camiiduiewhoBe 

1  1        ^'  •  J       i^      1  election  is  con- 

person  or  persons  whose  election  is  contested  may  appear  tested  may 

and  produce  evidence  on  their  part.  Either  party  may  "ppe"'' ^tc. 
appear  himself  or  by  his  authorized  agent  or  attorney, 
and  no  other  person  shall  be  entitled  to  be  made  a  party 
to  the  proceedings  on  such  petition  or  to  be  heard  per- 
sonally orb}'  counsel  thereon  :  frovided^  that  if  more  than 
one  petition  be  pending  or  more  than  one  election  be 
contested,  the  court  ma}'  order  the  cases  to  be  heard 
together  or  apart  as  in  its  judgment  may  seem  best. 

Section   182.      The   court  shall  thereupon  hear    the  Court  to  dcter- 

.  .  11  ^       •  r^  mine  all  ques- 

case  or  cases,  and  hnally  determine  all  questions  oi  law  uonsofiawor 

r      ,      •  11         rpii         -u       J  r  r   •  fact  involved. 

or  lact  involved.  1  he  burden  oi  prool  in  every  case 
shall  be  upon  the  petitioner,  and  the  hearing  shall  be 
confined  to  the  grounds  stated  in  the  petition,  which  shall 
not  be  amended  after  it  has  been  filed.  No  ex  parte  affi- 
davit shall  be  competent  evidence  in  such  hearing.  No 
person  shall  be  excused  from  testifying  or  producing 
papers  or  documents  on  the  ground  that  such  testimony 
or  production  will  tend  to  criminate  himself:  p?-ovidcd,  P'o^'so- 
that  no  person  so  testifying  shall  be  liable  to  any  suit  or 
prosecution,  civil  or  criminal,  for  any  matters  or  causes 
in  respect  of  which  he  shall  be  so  examined  or  to  which 
his  testimony  shall  relate.  The  court  shall  have  the 
same  powers  to  compel  the  attendance  of  witnesses 
which  it  now  has  in  suits  at  common  law,  and  nothing  in 
this  act  shall  be  held  to  limit  the  power  of  the  court 
to  make  such  rules  and  regulations  as  to  the  conduct  of 
the  proceedings  as  it  may  deem  proper,  not  inconsistent 
wnth  the  provisions  of  this  act,  and  the  court  shall  have 
all  powers  necessary  to  the  complete  carrying  out  and 
performance  of  the  authority  conferred  upon  it  by  this 
act. 

Section  183.     The  court  shall  adjudge  in  each  case  Court  to  adjudge 
which  of  the  parties  to  the  proceedings  is  entitled  to  the  Entitled  toVe* 
office   of  elector,  and  shall  cause  such  adjudication  to  be  °®''^' 
entered  of  record  in  such  form  and  manner  as  it  shall 
direct,  and  shall  forthwith  certify  said  adjudication  to  the 
governor  of  the  Commonwealth  ;   and  such  adjudication 
so  certified  shall  be  final  and  conclusive  that  the  person 
therein  stated  to  have  been  elected  is  duly  elected ;  and 
the  governor  shall  forthwith   transmit  to  such  person  a 
certificate  of  his  election,  and  every  such  certificate  shall 


442  1890.  —  Chaptek  423. 

recite  that  it  is  issued  pursuant  to  an  adjudication  under 

this  act,  referring  to  this  act  by  the  date  of  its  passage. 

fiiialop^oJe-  Section  184.       If  any   petitioner  shall   fail    to    duly 

cou'rt'to'''°"'      appear  and  prosecute  his  petition  against  an}-  person  who 

adjudge  that  he  has  been  made    a   respondent  thereto,  according  to  the 

has  BO  failed,  .  ,  r    .^   '  ,  ^        r  i  i  j 

and  to  certify     requu-ements  of   this  act  and  oi   such  rules  or  orders  as 
goierno''r!°" '°    the  court  shall  make,  the  court  shall  adjudge  that  he  has 
so  failed,  and  shall  cause  such  adjudication  to  be  entered 
of  record  in  such  form  and  manner  as  it  shall  direct,  and 
shall  forthwith  certify  such  adjudication  to  the  governor 
of  the  Commonwealth  ;  and  the  same  shall  be  a  final  and 
conclusive  bar  to  the  claim  of  the  petitioner  against  such 
respondent  as  fully  and  completely  as  if  such  claim  had 
been  heard  and  determined  on  its  merits ;  and  the  gov- 
ernor shall  issue  his  certificate  as  provided  in  the  preced- 
ing section. 
uTxed *und1jr the       Section    185.     The   costs  of   all  proceedings  under 
direction  of  the  this   act  shall  bc  taxcd  uudcr  the  dircctiou  of  the  court, 

court.  1      ./•  1  -IT  11 

and  II  more  than  one  case  is  heard  together  the  costs 
shall  be  apportioned  under  the  same  direction,  and  in 
every  case  in  which  the  petitioner  shall  not  finally 
prevail  the  costs  shall  be  paid  by  him,  and  in  every  case 
in  which  the  petitioner  shall  finally  prevail  the  costs 
shall  be  borne  by  the  Commonwealth,  and  the  same 
shall  be  paid  out  of  the  treasury  of  the  Commonwealth 
upon  the  warrant  of  the  governor  and  council, 
and^de^errahfa-  Section  186.  The  final  hearing  and  determination 
tion  to  be  by  a    uudcr  this   act  shall  be  by  a  maioritv  of  the   justices  of 

majority  of  the       ,  ,  .-,.''.■'''  .        •'  , 

justices.  the  court,  but  any  single  justice  may  exercise  any  other 

of  the  powers  given  to  the  court  by  this  act. 
how°to7e"™^'       Section    187.     All    periods    of    time    mentioned    in 
reckoned.  sectious  ouc  hundred  and    seventy -three,   one   hundred 

and  seventy-nine  and  one  hundred  eighty  of  this  act 
shall  be  reckoned  exclusive  of  the  day  from  which  they 
begin  to  run  and  inclusive  of  their  last  day,  and  Sundays 
and  holidays  shall  be  included. 

district  and  county  officers. 
fricS  county      Section  188.    District-attoHieys,  clerks  of  the  coui'ts, 
officers.  registers  of  probate   and   insolvency,   sheriflTs,  commis- 

sioners of  insolvency,  county  commissioners,  special 
commissioners,  county  treasurers  and  registers  of  deeds, 
shall  be  chosen  by  ballot  on  the  Tuesday  next  after  the 
first  Monday  of  November  in  the  years  in  which  said 


1890.  —  Chapter  423.  443 

officers  are  respectively  to  be  elected,  except  as  herein- 
after provided.  Those  persons  now  holding  said  offices 
shall  continue  to  hold  the  same  during  the  terms  for 
which  they  are  elected,  unless  sooner  removed  as  pro- 
vided by  law. 

DISTRICT-ATTORNEYS. 

Section  189.  In  the  year  eighteen  hundred  and  S^^^J^I'n^'J.t 
ninety-two  and  every  third  year  thereafter,  there  shall  be 
elected  by  the  voters  in  each  of  the  districts  into  which 
the  Commonwealth  is  divided  for  the  administration  of 
the  criminal  law  a  district-attorney,  who  shall  be  a 
resident  within  the  district.  The  officers  so  elected  shall 
hold  their  offices  for  three  years  from  the  first  Wednesday 
of  January  following  their  election. 

CLERKS    OF    THE    COURTS. 

Section  190.  In  the  year  eighteen  hundred  and  ^^"^^^1^^°^ 
ninety-one  and  every  fifth  year  thereafter,  there  shall  be 
elected  by  the  voters  in  the  county  of  Suffolk  a  clerk 
of  the  supreme  judicial  court  for  said  county,  and  two 
clerks  of  the  superior  court  for  said  county,  one  for  the 
civil  and  one  for  the  criminal  business,  and  by  the  voters 
in  each  of  the  other  counties  a  clerk  of  the  courts  for  the 
county,  who  shall  act  as  clerk  of  the  supreme  judicial 
court,  the  superior  court  and  the  county  commissioners. 
Such  clerks  shall  hold  their  offices  for  five  years  from 
the  first  Wednesday  of  January  following  their  election, 
unless  sooner  removed  as  provided  by  law. 

REGISTERS    OF    PROBATE    AND    INSOLVENCY. 

Section    191.     In    the   year    eighteen    hundred    and  prob^atelmf 
ninety-three  and  every  fifth  year  thereafter,  there  shall  insolvency. 
be  elected  by  the  voters   in   each  county   a  register  of 
probate   and  insolvency  for  the  county,  who  shall  hold 
his  office    for    five   years   from  the  first  Wednesday  of 
January  following  his  election. 

sheriffs    AND    COMMISSIONERS    OF    INSOLVENCY. 

Section  192.     In    the    year    eighteen    hundred    and  coramu1i'on"'J9 
ninety-two  and  every  third  year  thereafter,  there  shall  be  of  insolvency. 
elected  by  the  voters  in  each  county  a  sheriff  for  the 
county,  and  in  the  county  of  Worcester  four  commissioners 
of  insolvency,  and  in  each  of  the  other  counties   three 


444 


1890.  — Chapter  423. 


commissioners  of  insolvency.  Each  of  said  officers  shall 
hold  his  office  for  three  years  from  the  first  Wednesday 
of  January  following  his  election. 


Election  of 
county  com- 
missionerB. 


special  cona- 
missionerB. 


Not  more  than 
one  commis- 
eioner  to  be 
chosen  from  the 
same  place. 


COUNTY    COMMISSIONERS     AND    SPECIAL    COMMISSIONERS. 

Section  193.  The  voters  in  the  county  of  Middle- 
sex with  those  of  the  towns  of  Revere  and  Winthrop, 
and  the  voters  in  each  of  the  other  counties  except  Suffolk 
and  Nantucket,  shall  annually  elect  one  county  commis- 
sioner for  the  county,  w4io  shall  hold  his  office  for  three 
years  and  until  his  successor  is  elected  and  qualified. 
There  shall  be  three  county  commissioners  in  each 
county  except  Suffolk  and  Nantucket. 

Section  194.  In  the  year  eighteen  hundred  and 
ninety-two  and  every  third  year  thereafter,  there  shall  be 
elected  by  the  voters  in  the  county  of  Middlesex  wath 
those  of  the  tow^ns  of  Revere  and  Winthrop,  and  by 
the  voters  in  each  of  the  other  counties  except  Suffolk 
and  Nantucket,  two  special  commissioners  for  the 
county,  who  shall  hold  their  offices  for  three  years  and 
until  their  successors  are  elected  and  qualified. 

Section  195.  Not  more  than  one  of  the  county  com- 
missioners and  special  commissioners  in  each  county  shall 
be  chosen  from  the  same  city  or  town.  When  at  any 
election  two  persons  residing  in  the  same  city  or  town 
h^ve  a  plurality  of  votes,  wliereby  one  would  otherwise 
be  elected  county  commissioner  and  the  other  special 
commissioner,  or  both,  to  either  of  those  offices,  the  one 
who  has  the  highest  number  of  votes  shall  be  elected  ; 
and  w^hen  both  have  an  equal  number,  neither  of  them 
shall  be  deemed  elected.  When  a  person  residing  in 
a  city  or  town  in  which  a  county  commissioner  or  special 
commissioner  who  is  to  remain  in  office  resides  has  a 
plurality  of  the  votes,  he  shall  not  be  elected. 


Electinn  of 
county  treas- 
urer and  regis- 
ter of  deeds. 


COUNTY    TREASURERS    AND    REGISTERS    OF    DEEDS. 

Section  19r).  In  the  year  eighteen  hundred  and 
ninety-one  and  every  third  year  thereafter,  there  shall  be 
elected  by  the  voters  in  each  county,  except  Suffolk  and 
Nantucket,  a  suitable  person  residing  therein  to  be 
treasurer  of  the  county,  who  shall  hold  his  office  for  three 
years  and  until  his  successor  is  elected  and  qualified. 
At  the  same  times  there  shall  be  elected  bv  the  voters  in 


1890.  —  Chapter  423.  445 

each  district  for  the  registry  of  deeds,  and  in  each  county 
not  divided  into  such  districts,  a  suitable  person  residing 
therein  to  be  register  of  deeds  for  such  district  or  county, 
who  shall  hold  his  office  for  three  years  and  until  his 
successor  is  elected  and  qualified,  unless  sooner  removed 
as  provided  by  law. 

FAILURES    TO    ELECT. 

Section    197.     If  on   the   days  aforesaid    there   is   a  Proceedings  in 
failure  to  elect  a  district-attorney,  clerk  of  the   courts,  todect/dlitrTct- 
register  of  probate  and  insolvency,   sheriff  or  commis-  "" courts ."^regis- 
sioner  of  insolvency,  in  any  district  or  countvs  the  gov-  ter  of  probate 

-J  •11  -    M  1    and  insolvency, 

ernor    shall  by  proclamation    declare   such   lailure  and  sheriff  or  cm. 
order  a  new  election  to  be  had  on  such  day  as  he  shall  soiTency!^  ° 
appoint,  and  shall  continue  so  to  order  such   elections 
until  a  choice  is  effected*. 

Section  198.  If  on  said  days  there  is  a  failure  to  commission 
elect  a  county  commissioner  or  special  commissioner  for  conimuswn'eil 
any  county,  the  board  of  examiners  shall  forthwith  issue 
their  warrant  to  the  mayor  and  aldermen  and  selectmen 
of  the  cities  and  towns  in  such  county,  or,  in  the  county 
of  Middlesex,  to  the  mayor  and  aldermen  and  selectmen 
of  the  cities  and  towns  in  said  county  and  of  Revere 
and  Winthrop,  requiring  them  on  a  day  mentioned  in 
their  warrant,  which  shall  be  within  twenty  days  after 
issuing  the  same,  to  call  meetings  of  the  voters  in  their 
respective  places  for  completing  such  elections,  and  they 
shall  continue  so  to  issue  their  warrants  until  a  choice  is 
effected.  At  each  election  the  examiners  shall  furnish 
the  mayor  and  aldermen  and  selectmen  with  a  list  of 
the  persons  not  elected,  who  at  the  preceding  election 
received  more  than  twenty-five  votes. 

Section  199.  If  on  said  days  there  is  a  failure  to  county treas- 
elect  a  count}''  treasurer  or  register  of  deeds  for  any  of^jeeds'^^^''"^'^ 
county  or  district,  the  county  commissioners  shall  forth- 
with issue  their  warrant  to  the  mayor  and  aldermen  and 
selectmen  of  the  several  cities  and  towns  in  such  county 
or  district,  requiring  them  on  a  day  mentioned  in  the 
warrant  to  call  meetings  of  the  voters  in  their  respective 
places  for  completing  such  elections,  and  they  shall  con- 
tinue so  to  issue  their  warrants  until  a  choice  is  effected. 
The  commissioners  shall  in  such  cases  meet  and  count 
the  votes  at  such  times  as  they  shall  adjourn  to  for  that 
purpose. 


446 


1890.  —  Chapter  423. 


Election  to  fill 
vacancy, in 
otlJce  men- 
tioned in  §  197. 


commis- 
Bioner,  or 
special  commis- 
sioner. 


county  treas- 
urer or  register 
ot  deeds. 


Penalty  on  offi- 
cers for  neglect. 


Appointment 
to  till  vacancy 
in  office  of 
treasurer. 


sheriff,  or 
commissioner 
of  insolvency. 


register  of 
deeds. 


VACANCIES. 

Section  200.  If  a  person  elected  to  either  of  the 
offices  mentioned  in  section  one  hundred  and  ninety- 
seven  is  removed  therefrom  or  otherwise  vacates  the 
same,  an  election  to  fill  such  office  for  the  remainder 
of  his  term  shall  be  ordered  by  the  governor,  and  shall 
be  had  on  the  Tuesday  next  after  the  first  Monday  of 
November. 

Section  201.  A  vacancy  in  the  office  of  county 
commissioner  or  special  commissioner  of  any  county 
may  be  filled  at  any  time  when  the  board  of  examiners 
think  it  expedient ;  and  they  shall  issue  their  warrant 
therefor  to  the  mayor  and  aldermen  and  selectmen  of 
the  cities  and  towns  of  such  county,  or  in  the  county 
of  Middlesex  to  the  mayor  and  aldermen  and  selectmen 
of  the  cities  and  towns  therein,  and  of  Revere  and 
Winthrop,  and  the  person  chosen  shall  fill  the  office 
for  the  remainder  of  the  term. 

Section  202.  If  a  person  elected  county  treasurer 
or  register  of  deeds  resigns  or  otherwise  vacates  the 
office,  an  election  to  fill  the  same  for  the  remainder  of 
the  term  shall  be  had  on  the  Tuesday  next  after  the 
first  Monday  of  November  upon  the  order  of  the  county 
commissioners,  who  shall  issue  their  warrant  therefor  as 
in  the  case  of  failure  to  elect. 

Section  203.  If  the  mayor  and  aldermen  or  select- 
men of  an}'^  place  wilfully  neglect  to  comply  with  a 
warrant  or  order  issued  under  either  of  the  six  preced- 
ing sections,  each  of  them  so  neglecting  shall  forfeit  a 
sum  not  exceeding  two  hundred  dollars. 

Section  204.  If  the  office  of  count}^  treasurer  becomes 
vacant  by  the  death,  removal  from  the  county,  or  inca- 
pacity of  the  treasurer  or  otherwise,  the  county  com- 
missioners shall  appoint  some  suitable  person,  resident 
in  the  county,  to  fill  the  vacancy. 

Section  205.  If  a  vacancy  occurs  in  the  office  of 
sheriflf'or  commissioner  of  insolvency  in  any  county,  the 
governor  with  the  advice  and  consent  of  the  council 
may  appoint  and  commission  some  person  to  fill  the 
same,  who  shall  hold  his  office  until  another  is  elected 
and  qualified. 

Section  206  In  case  of  the  death,  resignation  or 
removal  of  a  register  of  deeds  in  the  county  of  Suffolk, 


1S90.  —  Chapter  423.  447 

the  superior  court,  and  in  any  other  county  the  county 
commissioners  at  a  meeting  held  at  the  place  of  their 
next  regular  meeting,  shall  forthwith  appoint  on  their 
records  some  suitable  person  residing  within  the  district 
to  be  register  of  deeds  until  the  vacancy  is  filled  by  a 
new  election  as  herein  provided. 

Section  207.     County  commissioners  and  boards  of  ^^°py^/J[^J,\Q^ 
examiners  shall  forthwith  send  to  the  secretary  of  the  to  be  sent  to  the 

^1  11  r  r  t       J.-  secretary. 

Commonwealth  a  copy  oi  any  warrant  lor  an  election 
issued  by  them  under  the  provisions  of  this  title. 

TITLE   IV. 

TOWN-MEETINGS  AND  THE  ELECTION  OF  TOWN  OFFICERS. 

Section  208.     Every  male  citizen  of  twenty-one  years  Qualification  of 
of  age    and  upwards   (except  paupers,  persons   under  affaTrl.'"'^"'^'* 
guardianship   and   persons   excluded  by   article  twenty 
of  the  amendments  to  the  constitution)  who  has  resided 
within  the  Commonwealth  one  year  and  within  the  town 
in  which  he  claims  a  right  to  vote  six  months  next  pre- 
ceding a  meeting  for  the  transaction  of  town  affairs,  and 
who  has  been  duly  registered  as  a  voter  in  said  town, 
and  who  has  paid,  by  himself  or  by  his  parent,  master 
or  guardian,  a  state  or  county  tax  assessed  upon  him  in 
any  town  within  two  years  next  preceding  such  meeting  ; 
and  also  every  citizen  w4io  shall  be  by  law  exempted 
from  taxation,  and  who  shall  be   in  all   other  respects 
qualified  as  above  mentioned,  shall  have  a  right  to  vote 
at  such  town-meetings   upon  all    questions    concerning 
town  aff'airs  ;   and  no  other  person  shall  be  entitled  to 
vote  at  such  meeting  ;  but  nothing  herein  contained  shall  women  may 
defeat  the  right  of  women,  duly  qualified  and  assessed,  committee, 
to  vote  for  members  of  school  committees. 

Section    209.     The    annual    meeting  of  each  town  Annual  and 
shall  be  held  in  February,  March,  or  April ;  and  other  maybe 
meetings   at  such  times   as  the   selectmen    may   order.  *'^J°"''°® 
Meetings  may  be  adjourned  from  time  to  time,  and  to 
any  place  within  the  town. 

Section  210.     Every  town-meeting  shall  be  held  in  warrants  for 
pursuance  of  a  warrant  under  the  hands  of  the  select-  i^cki'de^two^of 
men,  directed  to  the  constables  or  to  some  other  persons  more  meetings, 
appointed  by  the  selectmen  for  that  purpose,  who  shall 
forthwith  notify  such  meeting  in  the  manner  prescribed 
by  the  by-laws  or  by  a  vote  of  the  town.     The  selectmen 


4-18 


1890.  — Chapter  423. 


Contents  of 
warrants,  etc. 


If  selectmen  re- 
fuse, meeting 
may  be  called 
by  a  justice  of 
the  peace. 


If  majority  of 
selectmen 
vacate  office, 
others  may  call 
meeting. 


Moderator  to  be 
chosen. 

Conduct  of 
meeting  during 
the  election  of 
moderator. 


When  check. list 
is  to  be  used. 


Moderators, 
powers  and 
duties. 


may  b}'  the  same  warrant  call  two  or  more  distinct  town- 
meetings  for  distinct  purposes. 

Section  211.  The  warrant  shall  express  the  time 
and  place  of  the  meeting  and  the  subjects  to  be  there 
acted  upon  ;  the  selectmen  shall  insert  therein  all  sub- 
jects which  may,  in  writing,  be  requested  of  them  by 
any  ten  or  more  voters  of  the  town,  and  nothing  acted 
upon  shall  have  a  legal  operation  unless  the  subject- 
matter  thereof  is  contained  in  the  warrant. 

Section  2i2.  If  the  selectmen  unreasonably  refuse 
to  call  a  meeting,  a  justice  of  the  peace,  upon  the  appli- 
cation of  ten  or  more  legal  voters  of  the  town,  may  call 
such  meeting  by  a  warrant  under  his  hand  directed  to 
the  constables  of  the  town,  if  any,  otherwise  to  any  of 
the  persons  applying  therefor,  directing  them  to  summon 
the  inhabitants  qualified  to  vote  in  town  affairs  to  assemble 
at  the  time  and  place  and  for  the  purposes  expressed  in 
tlie  warrant. 

Section  213.  If,  by  reason  of  death,  resignation,  or 
removal  from  town,  a  major  part  of  tlie  selectmen  thereof 
vacate  their  office  those  who  remain  in  office  may  call  a 
town-meeting. 

moderators. 

Section  214.  At  every  town-meeting,  except  for  the 
election  of  state  officers,  a  moderator  shall  first  be  chosen. 

Section  215.  During  the  election  of  a  moderator 
the  town  clerk  if  present  shall  preside,  if  he  is  absent  or 
if  there  is  no  town  clerk  the  selectmen  shall  preside,  if 
neither  the  selectmen  nor  the  town  clerk  are  present  the 
justice  of  the  peace  calling  said  meeting  shall  preside  ; 
and  the  town  clerk  and  selectmen  and  said  justice  of  the 
peace  when  so  presiding  shall  have  the  powers  and  per- 
form the  duties  of  a  moderator. 

Section  21(3.  In  the  election  of  town  officers,  whose 
election  is  not  required  by  statute  to  be  by  ballot,  the 
check-list  shall  be  used  or  not  as  the  town  at  its  meeting 
shall  determine  ;  except  that  the  check-list  shall  be  used 
in  the  election  of  moderators  of  town-meetings  held  tor 
the  choice  of  town  officers. 

Section  217.  The  moderator  shall  preside  in  the 
meeting,  may  in  open  meedng  administer  the  oaths  of 
office  to  any  town  officer  chosen  thereat,  shall  regulate 
the  business  and  proceedings  of  the  meeting,  decide  all 
questions  of  order    and  make  public  declaration  of  all 


1890.  — Chapter  423.  449 

votes  passed.  When  a  vote  so  declared  by  him  is, 
immediately  upon  such  declaration,  questioned  by  seven 
or  more  ot'  the  voters  present,  he  shall  make  the  vote 
certain  by  polling  the  voters  or  by  dividing  the  meeting, 
unless  the  town  has  by  a  previous  vote  or  by  its  by-laws 
otherwise  provided. 

Section  218.     No  person  shall  speak  in  a  town-meet-  No  person  to 

i  ^  ,   .,  Bpeak  without 

mg  Without  leave  of  the  moderator,  nor  while  another  permission, 
person  is  speaking  b}"  his   permission  ;  and  all  persons 
shall  at  his  request  be  silent. 

Section    219.       Whoever    at    any    election    of  town  Penalty  for 
officers,  knowing  that  he  is  not  a  qualified  voter,  wilfully  '  '^^^  ^°  '°^' 
votes  for  any  officer  then  to  be  chosen  shall  be  punished 
by   a  fine  not  exceeding  one  hundred  dollars  for  each 
offence. 

Section  220.     If  a  person    behaves  in  a  disorderly  Disorderly  con- 

i        r  •  r  1  1  •  duct,  penalty. 

manner  and  alter  notice  irom  the  moderator  persists 
therein,  the  moderator  may  order  him  to  withdraw  from 
the  meeting ;  and  on  his  refusal  may  order  the  con- 
stables or  any  other  persons  to  take  him  from  the  meet- 
ing and  confine  him  in  some  convenient  place  until  the 
meeting  is  adjourned.  The  person  so  refusing  to  with- 
draw shall  for  such  ofience  forfeit  a  sum  not  exceeding 
twenty  dollars. 

Section  221.     A  moderator  or  other  presiding  officer  Penalty  on  pre- 
who   at  a  town-meeting,    before  the  poll  is  closed   and  reading,  e^tc!^,  ""^ 
without  the  consent  of  the  voter,  with  a  view  to  ascer-  pol'usdosed!^*^ 
tain  the  canditate   voted  for  by  him,   reads,   examines, 
or  permits  to  be    read   or  examined  the  names  written 
on  such  voter's  ballot,  shall  forfeit  a  sum  not  exceeding 
fifty  dollars. 

Section   222.       Moderators    and    town   clerks    when  Tellers,  ap- 

J    .  •  1  i  i  x"  •     ,         11  pointment,  tobe 

required  to  preside  at  town-meetings  may  appoint  tellers  sworn,  powers 
to  aid  them  in  checking  the  names  of  voters,  or  in  assort-  ^°<^'^"'i^*- 
ing  and  counting  votes.  Such  tellers  shall  be  sworn  to 
the  faithful  discharge  of  their  duties  by  the  town  clerk, 
who  shall  make  a  record  of  the  taking  of  such  oath. 
Every  such  teller  shall  be  subject  to  the  same  penalties 
to  which  the  officer  so  appointing  him  is  subject  in  the 
performance  of  the  duties  in  which  such  tellers  assists. 

Section  223.       The    moderator    of   a    towm-meeting  Moderator  to 

rccGJvB  votes  01 

shall  receive  the  votes  of  all  persons  whose  names  are  registered 
borne  on  the  list  of  voters  as  certified  by  the  registrars  of  "^  *"*■ 
voters ;    and  shall  not  be  answerable    for    refusing    the 


450 


1890.  —  Chapter  423. 


Ballots  to  be 
deposited  open 
and  unfolded. 


Ballots  cast  by 
women  in  vot- 
ing for  school 
committee. 


Statement  of 
errors,  filed 
■with  clerk  ■with- 
in two  days 
after  meeting, 
to  be  sent  to 
moderator. 


Moderator  to 
determine  ques- 
tion raised. 


Duties  of  mod- 
erator and  clerk 
when  another 
person  appears 
to  have  been 
elected. 


vote  of  a  person  whose  name  is  not  on  said  list,  unless 
such  person  presents  a  certificate  from  the  registrars  of 
voters  as  provided  in  title  one  of  this  act. 

Section  224,  No  vote  shall  be  received  by  the  pre- 
siding officers  at  any  election  provided  for  in  this  title 
unless  presented  for  deposit  in  the  ballot-box  by  the  voter 
in  person,  open  and  unfolded,  and  so  that  such  officers 
can  know  that  only  one  ballot  is  presented. 

Section  225.  Ballots  cast  by  women  qualified  to 
vote  for  school  committee,  shall  contain  the  words  :  — 
For  school  committee,  onl}- .,  —  clearly  written,  printed  or 
stamped  upon  the  back  thereof;  and  only  such  ballots  so 
endorsed  shall  be  received  from  women  so  voting.  Bal- 
lots containing  such  endorsement  shall  be  counted  only 
in  the  choice  of  members  of  school  committee,  and  lor 
no  other  office  or  purpose. 

Section  226.  If  within  two  days  next  following  the 
day  of  an  election  in  a  town  for  town  clerk,  selectmen, 
assessors,  treasurer,  collector  of  taxes  or  school  commit- 
tee, at  which  all  of  said  officers  are  voted  for  upon  one 
ballot,  ten  or  more  qualified  voters  of  such  town  file  with 
the  town  clerk  a  statement  in  writing  that  they  have 
reason  to  believe  that  an  error  was  made  in  ascertaining 
or  declaring  the  result  of  any  such  election,  specitying 
wherein  they  deem  such  error  to  have  been  made,  said 
clerk  shall  forthwith  transmit  such  statement  to  the 
moderator.  Such  moderator  shall  thereupon,  and  within 
three  days  next  following  the  day  of  such  election,  open 
the  envelope  or  envelopes  containing  the  ballots  cast  for 
candidates  for  the  office,  the  election  to  which  is  disputed, 
and  determine  the  questions  raised.  If  upon  such  deter- 
mination it  shall  appear  that  some  person  was  elected 
other  than  the  person  declared  to  have  been  elected,  the 
moderator  shall  forthwith  file  a  certificate  of  such  fact, 
signed  by  him,  stating  therein  the  number  of  votes  cast 
for  each  candidate  for  the  office,  the  election  to  which  is 
disputed,  as  determined  by  the  recount,  with  the  town 
clerk,  who  shall  record  the  same  in  his  book  of  records 
of  town-meetings,  directly  following  his  record  of  the 
meeting  at  which  said  election  was  held,  and  shall  within 
twenty-four  hours  after  such  filing  cause  a  copy  of  such 
certificate,  attested  by  him,  to  be  delivered  to  or  left  at 
the  residence  of  the  person  declared  in  open  town-meet- 
ing to  have  been  elected,  and  to  the  person  who  b}^  such 


1890.  —  Chapter  423.  451 

certificate  appears  to  have  been  elected.  The  person 
Avho  by  such  certificate  appears  to  have  received  the 
highest  number  of  votes  shall  be  deemed  to  have  been 
elected.     Moderators  may  appoint  teller  in  accordance  Tellers  may  be 

.,,  ..  f.  •'.^•'  ,  ,,  ,  appointed. 

With  the  provisions  of  section  two  hundred  and  twenty- 
two  of  this  act  to  assist  them  in  recounting  ballots  under 
the  provisions  of  this  section.     The  candidate  or  candi-  CandidateB  may 

,        ^         ,  ,         .  .       , .  Ill  •  , .     be  preseul  with 

dates  whose  election  is  disputed  and  the  opposing  candi-  counsel, 
date  or  candidates  may  be  present,  with  council,  at  any 
recount  made  under  the  provisions  of  this  section. 

Section  227.     The  provisions  of  this  act,  so  far  as  Howactistobe 

ir-'i  1111  construed. 

thev  are  the  same  as  those  of  existing  laws,  shall  be  con- 
strued  as  a  continuation  of  such  laws  and  not  as  new 
enactments  ;  and  the  repeal  by  this  act  of  any  provision 
of  law  shall  not  affect  any  act  done,  liability  incurred,  or 
any  right  accrued  and  established,  or  any  suit  or  prose- 
cution, civil  or  criminal,  pending  or  to  be  instituted  to 
enforce  any  right  or  penalty  or  punish  any  offence  under 
the  authority  of  the  repealed  laws. 


TITLE  V. 

REPEALS. 

Section  228.  Chapters  seven,  eight,  nine,  ten,  and  Repeal, 
sections  fifty-two,  fifty-three,  fifty-four,  fifty-five,  fifty-six, 
fifty-seven,  fifty-eight,  fifty-nine,  sixty,  sixty-one,  sixty- 
two  and  sixty -three  of  chapter  twenty-seven  of  the  Public 
Statutes,  chapters  twent3^-eight  and  two  hundred  and 
sixty  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
two,  chapters  forty-two  and  two  hundred  and  twent}— nine 
of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
three,  chapters  two  hundred  and  ninety-eight  and  two 
hundred  and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  chapters  five,  one  hundred  and 
seven,  one  hundred  and  eight,  one  hundred  and  forty- 
two,  two  hundred  and  twenty-nine,  two  hundred  and 
forty-six,  two  hundred  and  forty-eight,  two  hundred 
and  sixty-one,  two  hundred  and  sixty -two,  two  hundred 
and  sixty-eight,  two  hundred  and  seventy-one  and  three 
hundred  and  fifty-one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five,  chapters  forty-nine,  sixty-eight, 
seventy-eight,  two  hundred  and  sixty-two  and  two  hun- 
dred  and    sixty-four  of  the   acts   of  the  year    eighteen 


452  1890.  —  Chapter  424. 

Repeal.  huDclred    and     eighty-six,    chapters    one     hundred    and 

forty-seven,  two  hundred  and  forty-nine,  two  hundred 
and  sevent3'^-two,  three  hundred  and  seventy-one  and 
four  hundred  and  thirty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven,  chapters  one  hun- 
dred and  forty-six,  one  hundred  and  sixty-four,  two 
hundred,  two  hundred  and  three,  two  hundred  and  six, 
three  hundred  and  fifty-three,  three  hundred  and  eighty- 
two  and  four  hundred  and  thirty-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-eight,  chapters 
sixty-nine,  one  hundred  and  ninety-six,  and  sections 
one,  three,  four  and  five  of  chapter  four  hundred  and 
four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  chapters  one  hundred  and  seventy-five, 
two  hundred  and  nineteen,  two  hundred  and  twenty- 
three  and  three  hundred  and  five  of  the  acts  of  the 
year  eighteen  hundred  arid  ninety,  and  all  acts  and 
parts  inconsistent  herewith  are  hereby  repealed. 

\^Approved  June  21,  1890. 

Gha/D  424  ^^  ^^^   "^^    authorize   the    city  of  fitcuburg   to   borrow 

MONET   FOR  THE    PURCHASE   OF   LAND    AND    THE    ERECTION   OF   A 
HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 
May  borrow  SECTION  1.     The  city  of  Fitchburg  is  hereby  authorized 

$100  000  for  the  *^  o  •/ 

purpose  of  to  borrow  the  sum  of  one  hundred  thousand  dollars  and 
hospital .'°^  "*  to  issue  its  notes  or  certificates  of  indebtedness  therefor 
at  a  rate  of  interest  not  exceeding  four  per  centum  per 
annum,  and  said  money  shall  be  expended  for  the  pur- 
chase of  land  and  the  erection  of  a  hospital  building  in 
said  city  as  contemplated  in  the  bequest  made  therefor  in 
the  will  of  Gardner  S.  Burbank  late  of  said  Fitchburg, 
ProvisoB.  deceased  :  provided,  that  from  the  sum  received  under 

said  will  by  said  city,  or  by  any  person  or  corporation  in 
its  behalf,  no  allowance  shall  be  made  for  any  interest 
paid,  or  discount  allowed,  on  account  of  money  borrowed 
and  expended  as  aforesaid  ;  jjrovided,  further,  that  the 
indebtedness  so  created  by  said  city  shall  not  be  included 
in  determining  the  amount  of  debt  said  city  is  authorized 
to  incur  under  existing  provisions  of  law. 

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

Ai^proved  June  21,  1890. 


I 


1890.  —  Chapter  425.  453 

An  Act  to  amend  an  act  concerning  the  militia.  OAa/?.425 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-six  of  chapter  four  hun-  Amendmeutto 
dred  and  eleven  of  the  acts  of  the  year  eighteen  hundred  '  '^"'' 
and  eighty-seven  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words  :  —  and  one  chief  bugler  and 
sixteen  drummers,  to  be  mustered  as  chief  bugler  and 
drummers,  respectively,  —  so  that  said  section  as  amended 
shall  read  as  follows  :  —  Section  26.  To  each  regiment  Field  and  staff 
there  shall  be  one  colonel,  one  lieutenant  colonel,  one  menu^°  '^^' 
major  for  every  four  companies,  and  a  staff,  to  consist  of 
one  surgeon  with  the  rank  of  major,  one  adjutant,  one 
quartermaster,  one  paymaster  who  shall  be  the  mustering 
officer,  one  assistant  surgeon,  and  one  inspector  of  rifle 
practice,  each  with  the  rank  of  first  lieutenant,  and  one 
chaplain.  There  shall  also  be  a  non-commissioned  stafi", 
as  follows:  —  one  sergeant  major,  one  quartermaster  ser- 
geant, one  hospital  steward,  one  drum  major;  there  shall 
also  be  allowed  to  each  regiment  two  color  sergeants,  two 
general  guides,  to  rank  as  sergeants,  four  markers  and  one 
orderly,  each  to  rank  as  private,  and  one  chief  bugler  and 
sixteen  drummers,  to  be  mustered  as  chief  bugler  and 
drummers,  respectively. 

Section  2.     Section  twentv-eioht  of  said  chapter  four  Amendment  to 
hundred  and  eleven  is  hereby  amended  by  striking  out,  in       ' 
the  fourth  line  thereof,  the  words  "two  musicians"  and 
inserting  in  place  thereof  the  Avords  :  — one  bugler,  —  so 
that  said  section  as  amended  shall  read  as  follows  :  —  Sec- 
tion 28.     To  each  company  of  infantry  there  shall  be  one  company  offi- 
captain,  one  first  lieutenant  and  one  second  lieutenant,  ''^'^'  '°  *"  ^^' 
one   first   sergeant,   four  sergeants,   four    corporals,    one 
bugler,  and  not  more  than  forty-eight  privates  ;  and  the 
minimum  number  of  enlisted  men  shall  be  forty-one.     To     cavalry. 
each  company  of  cavalry  there  shall  be  one  captain,  one 
first  lieutenant,  one  second  lieutenant,  one  first  sergeant, 
one  quartermaster  sergeant,  four  sergeants,  five  corporals 
(one  of  whom  shall  be  the  guidon),  two  buglers,  and  not 
more  than  sixty-four  privates  ;  and  the  minimum  number 
of  enlisted  men   shall   be  fifty-six.     To  each   battery   of  ^;*^*i|f;yy°f  "§''' 
light  artillery  of  four  guns  there  shall  be  one  captain,  two 
first  lieutenants,  one  second  lieutenant,  one  first  sergeant, 
one  quartermaster  sergeant,  four  sergeants,  nine  corporals 


454  1890.  —  Chapter  425. 

(one  of  whom  shall  be  the  guidon),  two  buglers,  and  not 
more  than  sixty-six  privates ;  and  the  minimum  number 
of  enlisted  men  shall  be  fifty-seven.  To  each  battery  of 
more  than  four  guns  there  shall  be  for  each  additional  gun 
one  sergeant,  two  corporals,  and  not  more  than  sixteen 
nor  less  than  nine  privates  ;  for  each  additional  two  guns 
there  shall  be  one  additional  second  lieutenant.     To  each 

Unattached  uuattachcd  compauy  of  cavalry  or  battery  of  light  artillery 
there  may  be  a  staff  to  consist  of  one  assistant  surgeon, 
with  the  rank" of  first  lieutenant,  and  a  non-commissioned 
staff  to  consist  of  one  hospital  steward. 

^sT^'^/i^Tss"  Section  3.  Section  fifty-five  of  said  chapter  four  hun- 
dred and  eleven  is  hereby  amended  by  adding,  in  the  fif- 
teenth line  thereof,  after  the  words  "  color  sergeants  "  the 
words:  —  chief  bugler  and  sixteen  drummers,  —  so  that 
said  section  as  amended  shall  read  as  follows  :  —  Section 

donedTffl^cers,    ^o.      Nou-commissioned  staff  officers  of  brigades,  regi- 

—  appointment,  nients,  Separate  battalions,  corps  of  cadets  and  unattached 
companies  shall  be  appointed  by  their  respective  perma- 
nent commanders  ;  and  such  commanders  of  regiments, 
separate  battalions  and  corps  of  cadets  shall  appoint  the 
non-commissioned  ofiicers  of  companies,  upon  the  written 
nomination  of  the  respective  captains ;  but  they  may 
withhold  such  appointment  if,  in  their  judgment,  there  be 
proper  cause.  Non-commissioned  ofiicers  of  the  signal  and 
ambulance  corps  shall  be  appointed  by  their  respective 
brigade  commanders  upon  the  written  nomination  of  the 
lieutenants  commanding  such  signal  or  ambulance  corps. 
Non-commissioned  ofiicers  of  unattached  companies  shall 
be  appointed  by  their  respective  captains.  The  color  ser- 
geants, chief  bugler  and  sixteen  drummers,  right  and  left 
general  guides,  four  markers  and  one  orderly  shall  be 
maybe  appointed  bv  regimental  commauders.     Non-commissioned 

r6uuc6d  to  the 

ranks.  officcrs  of  the  signal  and  ambulance  corps  may  be  reduced 

to  the  ranks  by  the  permanent  brigade  commander.  The 
permanent  commander  of  any  regiment,  battalion,  corps 
of  cadets  or  unattached  company  may  reduce  to  the  ranks 
any  company  non-commissioned  ofiicer  of  his  command. 
Permanent  commanders  of  cadet  corps  may  reduce  to  the 
ranks  non-commissioned  staft' officers  of  their  corps.  Com- 
pany non-commissioned  officers  may  be  reduced  to  the 
ranks  by  sentence  of  court-martial,  as  prescribed  in  sec- 
tion one  hundred  and  thirty-eight. 

i1?7r4ir§1'8.'"      Section  4.     Section    fifty-eight   of    said    chapter  four 


1890.  —  Chapter  425.  455 

hundred  and  eleven  is  hereby  amended  by  insertino;  after 
the  word  "  markers",  in  the  tenth  line  of  said  section,  the 
words  :  —  sixteen  drummers,  —  and  by  adding  at  the  end 
thereof  the  following  words:  —  Recruiting  officers  may 
enroll  applicants  for  enlistment  above  the  maximum 
allowed  by  law,  not  to  exceed  fifteen  in  number  in  each 
company,  and  such  applicants  may  be  instructed  and 
drilled  as  recruits,  and  in  the  discretion  of  the  recruiting 
officer  shall  be  preferred  for  enlistment  as  vacancies  may 
occur,  —  so  that  said  section  as  amended  shall  read  as 
follows  :  —  Section  58.  The  commanding  officers  of  bri-  Recruiting 
gades,  regiments  and  separate  battalions  shall  be  the 
recruiting  officers  for  their  respective  non-commissioned 
staffs,  the  commanding  officers  of  corps  of  cadets  for 
their  respective  corps,  and  such  persons  as  the  com- 
mander-in-chief may  appoint  for  new  companies  under 
section  twenty-four,  until  a  captain  shall  have  been 
elected  or  appointed  to  such  company.  Colonels  of 
regiments  shall  be  the  recruiting  officers  for  two  color 
sergeants,  two  general  guides,  four  markers,  sixteen 
drummers  and  one  orderly,  for  their  respective  com- 
mands. Captains  and  commanders  of  signal  and  ambu- 
lance corps  shall  be  the  recruiting  officers  for  their 
commands,  and  in  case  of  vacancy  the  commanding  offi- 
cers of  regiments  and  battalions  may  order  some  officer 
to  perform  that  duty  until  such  vacancy  is  filled.  Re- 
cruiting officers  may  enroll  applicants  for  enlistment 
above  the  maximum  allowed  by  law,  not  to  exceed  fifteen 
in  number  in  each  company,  and  such  applicants  may  be 
instructed  and  drilled  as  recruits,  and  in  the  discretion  of 
the  recruiting  officer  shall  be  preferred  for  enlistment  as 
vacancies  may  occur. 

Section  5.  Section  sixty-five  of  said  chapter  four  hun-  Acoendment  to 
dred  and  eleven  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words  :  —  or  for  purposes  of  reorgan- 
ization, upon  the  recommendation  of  a  board  of  officers 
convened  for  the  purpose,  —  so  that  said  section  as 
amended  shall  read  as  follows  : —  Section  65.  An  officer  Discharge  of 
may  be  honorably  discharged  by  the  commander-in-chief, 
upon  tender  of  resignation ;  upon  the  disbandment  of 
the  organization  to  which  he  belongs  ;  or,  if  a  stafl"  officer, 
on  the  written  request  of  the  officer  appointing  him  ;  or 
upon  the  qualification  of  his  appointed  successor;  or  when 
he  accepts  an  appointment  in  the  army  or  navy  of  the 


456 


1890.  —  Chapter  425. 


Amendment  to 
1887,  411,  §  69. 


Dishonorable 
discharge. 


Amendment  to 
1887,  411,  §  70. 


Certificate  of 
discharge. 


Amendment  to 
1887,  411,  §  71. 


United  States ;  or  for  the  purposes  of  reorganization, 
upon  the  recommendation  of  a  board  of  officers  convened 
for  the  purpose. 

Section  6.  Section  sixty-nine  of  said  chapter  four 
hundred  and  eleven  is  hereby  amended  by  adding  at  the 
end  thereof  the  following  words  :  —  The  "  no  objection" 
clause  in  the  discharge  paper  of  an  enlisted  man  may  be 
stricken  out  by  order  of  the  commander-in-chief,  —  so 
that  said  section  as  amended  shall  read  as  follows  :  — 
Section  69.  Dishonorable  discharges,  or  discharges  in 
such  form  as  to  forbid  re-enlistment,  shall  be  given  only 
in  accordance  with  sentences  of  courts-martial,  or  when- 
ever the  commander-in-chief  approves  the  application  of 
two-thirds  of  the  members  of  a  company  requesting  such 
dishonorable  dischai'oe,  and  that  the  good  of  the  service 
requires  such  discharge.  All  discharges  for  the  good  of 
the  service  shall  be  dishonorable,  and  when  it  is  discovered 
that  a  soldier  so  discharijed  has  re-enlisted  he  shall  im- 
mediately  be  so  dishonorably  discharged.  The  "no 
objection "  clause  in  the  discharge  paper  of  an  enlisted 
man  may  be  stricken  out  by  order  of  the  commander-in- 
chief. 

Section  7.  Section  seventy  of  said  chapter  four  hun- 
dred and  eleven  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  w^ords  :  —  But  an  honorable  dis- 
charge certificate  shall  not  be  given  unless  the  soldier  has 
complied  with  the  by-laws  of  the  organization  of  which 
he  was  a  member  and  has  cancelled  all  his  indebtedness 
to  such  organization,  —  so  that  said  section  as  amended 
shall  read  as  follows:  —  Section  70.  Every  soldier  dis- 
charged from  the  service  of  the  Commonwealth  shall  l)e 
furnished  with  a  certificate  of  such  discharge,  which  shall 
state  clearly  the  reason  therefor.  But  an  honorable  dis- 
charofe  certificate  shall  not  be  o^i.ven  unless  the  soldier  has 
complied  w'ith  the  by-laws  of  the  organization  of  which 
he  was  a  member  and  has  cancelled  all  his  indebtedness 
to  such  organization. 

Section  8.  Section  seventy-one  of  said  chapter  four 
hundred  and  eleven  is  hereby  amended  by  adding  at  the 
end  thereof  the  following  words:  —  The  uniform  and  in- 
signia of  rank  prescril)ed  for  commissioned  ofiicers  of  the 
Massachusetts  volunteer  militia  shall  be  worn  only  by  per- 
sons entitled  thereto,  either  by  commission  under  the  laws 
of  this  Commonwealth  or  of  another  state  or  of  the  United 


1890.  —  Chapter  425.  457 

States,  —  so  that  said  section  as  amended  shall  read  as 

foUows  :  — Section    71.     All  commissioned  officers  shall  ^q°;f°™^'t,  etc., 

provide  themselves  with  such  uniforms,  arms  and  equip- ofcommis-' 

*  ,  1         •         ^  •    f       ^      ^^      £•  sioiied  omcers. 

ments  complete,  as  the  commander-m-chiet  shall  trom 
time  to  time  prescribe ;  and  such  uniforms,  arms  and 
equipments  shall  be  free  from  all  suits,  distresses,  execu- 
tions or  sales  for  debt  or  payment  of  taxes.  The  uniform 
and  insignia  of  rank  prescribed  for  commissioned  officers 
of  the  Massachusetts  volunteer  militia  shall  be  worn  only 
by  persons  entitled  thereto,  either  by  commission  under 
the  laws  of  this  Commonwealth  or  of  another  state  or  of 
the  United  States. 

Section  9.     Section  seventy-three  of  said  chapter  four  Amendment  to 
hundred  and  eleven  is  hereby  amended  by  adding  at  the      ''     ' 
end  thereof  the  following  words  :  —  All  trousers  hereafter 
furnished  to  enlisted  men  shall  be  made  to  measure  under 
the  direction  of  the  quartermaster-general  or  according  to 
rules  to  be  established  by  him,  —  so  that  said  section  as 
amended  shall  read  as  foWows  :  — Section  73.     The  uni-  ^o'lSr''^'^" 
form  of  the  volunteer  militia  shall  consist  of  an  overcoat,  miiiwa. 
a  coat,  a  fiitigue  blouse  or  jacket,  a  pair  of  trousers,  a  hat 
complete  and  a  fatigue  cap,  for  each    enlisted  man,  the 
style  of  which  shall  be  prescribed  l)y  the  commander-in- 
chief,  and  uniforms  hereafter  provided  shall  be  substan- 
tially alike  for  each  arm  of  the  service.      No  uniforms 
shall  be  provided  by  the  state,  except  by  a  special  appro- 
priation for  that  purpose,  in  which  case  the  purchase  shall 
be  made  under  such  inspection  as  the  commander-in-chief 
may  direct      All  trousers  hereafter  furnished  to  enlisted 
men  shall  be  made  to  measure  under  the  direction  of  the 
quartermaster-general  or  according  to  rules  to  be  estab- 
lished by  him. 

Section  10.  Section  one  hundred  and  twenty-four  of  fg'^^fi^f  iL'° 
said  chapter  four  hundred  and  eleven  is  hereby  amended 
by  striking  out  the  word  "arms",  in  the  eleventh  line, 
and  inserting  in  place  thereof  the  w^ord  :  —  fire-arms, — 
also  by  inserting  after  the  word  "soldiers  ",  in  the  twenty- 
first  line,  the  words:  —  and  sailors, — also  by  inserting 
after  the  word  "parade",  in  the  twenty-third  line,  the 
words:  —  at  any  time,  —  also  by  striking  out  the  word 
"  arms"  ,  in  the  twenty-third  line,  and  inserting  in  place 
thereof  the  word  :  —  fire-arms,  —  also  in  the  twenty-third, 
twenty-fourth,  twenty-fifth  and  twenty-sixth  lines,  by 
striking  out  the  words  "  upon  the  reception  of  any  regi- 


458 


1890.  —  Chapter  425. 


Certain  associa- 
tions other  than 
the  militia  may 
parade  in  public 
with  fire-arms. 


Association 
composed  of 
soldiers  and 
sailors. 


Students  in 
educational  in- 
stitutions. 


ments  or  companies  of  soldiers  returning  from  said  service, 
and  for  the  purpose  of  escort  duty  at  the  burial  of  de- 
ceased soldiers",  also  by  striking  out  the  word  "  arms", 
in  the  thirty-second  line,  and  inserting  in  place  thereof  the 
word  :  —  fire-arms,  —  and  also  by  striking  out  in  the  last 
three  lines  of  said  section,  the  w^ords  "  und provided ,  fur- 
ther, that  this  section  shall  not  be  construed  to  prevent 
any  organization  heretofore  authorized  thereto  by  law 
from  parading  with  side  arms",  and  also  by  adding  at  the 
end  of  said  section  the  words  :  —  and  pi^ovided,  also,  that 
the  provisions  of  this  act  shall  not  aftect  the  provisions  of 
chapter  sixty-seven  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety,  —  so  that  said  section  as  amended 
shall  read  as  follows  :  —  /Section  124.  No  body  of  men 
whatsoever,  other  than  the  regularly  organized  corps  of 
the  militia,  the  troops  of  the  United  States,  the  ancient 
and  honoral)le  artillery  company,  the  veteran  artillery 
association  of  Newburyport,  the  veteran  cadet  asso- 
ciation of  Salem,  the  veteran  association  of  the  inde- 
pendent corps  of  cadets  of  Boston,  the  Salem  light 
infantry  veteran  association,  the  veteran  artillery  associa- 
tion of  Amesbury  and  Salisbury,  and  the  Boston  light 
infantry  association,  shall  associate  themselves  together 
at  any  time  as  a  military  company  or  organization,  for 
drill  or  parade  in  public  with  fire-arms,  in  any  city  or 
town  of  this  Connuon wealth,  without  the  license  of  the 
governor  thereof;  and  all  applications  for  such  license 
must  be  approved  by  the  mayor  and  aldermen  of  cities 
and  selectmen  of  towns  in  which  such  organizations  or 
associations  may  be  located,  which  may  at  any  time  be 
revoked ;  nor  shall  any  city  or  town  raise  or  appropriate 
any  money  toward  arming,  equipping,  uniforming  or  in 
any  way  supporting,  sustaining  or  providing  drill  rooms 
or  armories  for  any  such  body  of  men  :  provided,  that 
associations  wholly  composed  of  soldiers  and  sailors  hon- 
orably discharged  from  the  service  of  the  United  States 
may  parade  at  any  time  in  public  with  fire-arms,  having 
first  obtained  the  written  permission  so  to  do  of  the  mayor 
and  aldermen  of  the  cities  or  selectmen  of  the  towns  in 
whi(;h  they  desire  to  parade;  and  provided,  farther,  that 
students  in  education:U  institutions  where  military  science 
is  a  prescril)ed  pai't  of  the  course  of  instruction  may, 
with  the  consent  of  the  governor,  drill  and  parade  with 
fire-arms  in  public,  under  the    superintendence    of  their 


1890.  —  CiiArTER  425.  459 

teachers  ;  and  nwvided  cdso,  that  the  provisions  of  this  Sons  of 

1      11  ».  •    •  /•      1  •     1  veterans. 

act  shall  not  anect  the  provisions  or  chapter  sixty-seven 
of  the  resolves  of  the  year  eighteen  hundred  and  ninety. 

Section  11.  Section  one  hundred  and  thirty-three  of  fg^«°/j'J]^°j3'3° 
said  chapter  four  hundred  and  eleven  is  hereby  amended 
l)y  adding  at  the  end  thereof  the  following  words  :  —  There 
shall  be  allowed  and  paid  annually  to  each  separate  battal- 
ion headquarters,  corps  of  cadets,  company,  signal  and 
ambulance  corps,  an  amount  equal  to  one  dollar  and 
seventy-five  cents  for  each  enlisted  man  in  each  of  such 
organizations,  based  upon  the  average  attendance  at  tours 
of  duty,  inspections  and  other  duly  ordered  state  duty, 
during  the  year  ending  with  the  first  day  of  November, 
for  repair  of  the  uniforms  and  other  property  of  the  Com- 
monw^ealth,  and  incidental  expenses  of  the  several  organ- 
izations,—  so  that  said  section  as  amended  shall  read  as 
follow^s  :  —  Section  133.  There  shall  be  allowed  annually  Postage,  eta- 
for  postage,  stationery  and  office  incidentals,  to  each  oTunifomrand 
brigade  headquarters,  ten  dollars  for  each  regiment,  bat-  fnc°denta'i8''.°'^ 
talion,  unattached  company,  signal  and  ambulance  corps 
in  such  brigade  ;  to  each  regimental  and  separate  battalion 
headquarters,  ten  dollars  for  each  company  in  such  regi- 
ment or  battalion  ;  to  each  corps  of  cadets,  twenty-five 
dollars ;  and  to  each  company,  signal  and  ambulance 
corps,  ten  dollars.  There  shall  be  allowed  and  paid 
annually  to  each  separate  battalion  headquarters,  corps  of 
cadets,  company,  signal  and  ambulance  corps,  an  amount 
equal  to  one  dollar  and  seventy-five  cents  for  each  enlisted 
man  in  each  of  such  organizations,  based  upon  the  average 
attendance  at  tours  of  duty,  inspections  and  other  duly 
ordered  state  duty,  during  the  year  ending  with  the  first 
day  of  November,  for  repair  of  the  uniforms  and  other 
property  of  the  Commonwealth,  and  incidental  expenses 
of  the  several  organizations. 

Section  12.     Said  chapter  four  hundred  and  eleven  is  Amendment  to 
hereby  further  amended  by  adding  at  the  end  thereof  a  ^^^^' 
new  section,  to  be  numbered  one  hundred  and  sixty-eight, 
as  follows:  —  Section  168.     To  each  officer  and  soldier  Medals  and 
now  in  the  service,  who  has  rendered  continuous  honorable  ombie  se^rvice! 
service  for  a  period  of  nine  years,  and  to  such  as  may 
hereafter  render  a  like  service,  there  shall  be  allowed  a 
medal  for  such  service,    and  an   additional   bar  or  clasp 
for  every  period  of  five  years'  continuous  service  there- 
after. 


460 


1890.  — Chapter  426. 


To  take  effect 
Jan.  1,  1891. 


Section  13.     This  act  shall  take  eifect  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-one. 

Approved  June  21,  1S90. 


C/hapA^iQ    An  Act  relative  to  standard  weights,  measures  and  bal- 
ances. 


Standard 
weights,  meas- 
ures and 
balances. 


Metre  and 
kilogram  and 
standard  troy 
weights. 


Treasurer  to 
furnish  weights, 
measures  and 
balances,  upon 
application. 


Schedule  of 
weights,  etc., 
with  statement 
to  be  sent  to 
treasurer. 


Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  standard  weights,  measures  and  bal- 
ances which  shall  be  kept  by  the  counties,  cities  and  towns 
of  the  Commonwealth,  except  as  hereinafter  provided, 
shall  be  the  following:  —  A  set  of  avoirdupois-weights, 
consisting  of  fifty,  twenty-five,  twenty,  ten,  five,  four, 
two  and  one  pounds  ;  and  eight,  four,  two,  one,  one-half, 
one-fourth,  one-eighth  and  one-sixteenth  ounces.  One 
balance.  A  set  of  dry  measures,  consisting  of  one-half- 
bushel,  one  eight-quart,  one  four-quart,  one  two-quart  and 
one  one-quart  measures.  A  set  of  liquid  measures,  con- 
sisting; of  one  wine  ijallon,  one  wine  half-sfallon,  one  wine 
quart,  one  wine  pint,  one  wine  half-pint  and  one  wine  gill. 
One  yard  measure. 

Section  2.  In  addition  to  the  standards  mentioned 
above,  each  shire  town,  and  each  city  not  a  shire  town, 
shall  keep  the  metre  and  kilogram,  and  also  such  standard 
troy-weights  as  the  treasurer  and  receiver-general  may 
designate.  And  all  persons  selling  anything  by  troy- 
weio;ht  shall  have  their  weights  and  balances  which  are 
used  for  this  purpose  duly  tested  and  sealed  by  an  author- 
ized sealer  having  the  proper  standards. 

Section  3.  Any  county,  city  or  town  which  has  not 
received  from  the  Commonwealth  a  complete  set  of  the 
standard  weights,  measures  and  balances,  as  provided  in 
section  one,  shall  at  once  make  application  to  the  treasurer 
and  receiver-general  for  the  weights,  measures  and  bal- 
ances which  such  county,  city  or  town  has  not  received, 
and  the  same  shall  be  furnished  to  such  county,  city  or 
town  at  the  expense  of  the  Commonwealth. 

Section  4.  Every  county,  city  and  town  treasurer 
shall,  within  two  months  after  the  passage  of  this  act,  send 
to  the  treasurer  and  receiver-general  a  complete  schedule 
of  the  standard  weights,  measures  and  balances  in  his 
possession,  together  with  a  statement  of  the  condition  of 
the  same,  and  the  date  when  the  same  were  last  tested  and 
sealed  by  the  state  deputy  scaler ;  and  also  a  list  of  the 
weights,  measures    and   balances  necessary  to   make  the 


1890.  — Chapter  426.  461 

complete  set  required  by  section  one,  specifying  any  which 
the  city  or  town  htis  never  received.  And  as  soon  as 
practicable  after  receiving  such  report,  the  treasurer  and 
receiver-general  shall  furnish  to  such  city  or  town  the 
weights,  measures  and  l)alances  necessary  to  complete  the 
set,  charging  to  the  city  or  town  the  cost  of  those  of  Avhich 
it  has  before  received  duplicates. 

Section  5.     The  deputy  sealer  of  weights  and  meas-  Deputy  seaier 

,1,  J-       ^  ^  ••jji  -i'  tj_  to  test  and  Beal 

ures  shall,  as  soon  as  practicable,  visit  the  cities  and  towns  weights,  etc.,  in 
which  report  that  their  standard  weights,  measures  and  cities  and  towns. 
balances  are  not  in  good  condition,  and  shall  see  that  the 
same  are  put  in  order,  and  shall  test  and  seal  the  same. 
And  in  carrying  out  this  provision  he  shall  first  visit  the 
cities  and  towns,  if  there  be  any  such,  whose  standard 
weights,  measures  and  balances  have  not  been  tested 
within  ten  years. 

Section  6.     It  shall  hereafter  be  the  duty  of  the  several  fdjusted^a^nd^^ 
city  and  town  treasurers  to  have  the  standards  in  their  sealed  at  least 

0DC6  in  five 

custody  tried,  adjusted  and  sealed  once  at  least  in  every  years. 
five  years,  and  it  shall  be  the  duty  of  the  deputy  sealer  to 
try,  adjust  and  seal  the  weights,  measures  and  balances  of 
every  city  and  town,  at  least  once  in  five  years,  and  to  see 
that  they  are  kept  in  proper  condition  and  order.  And  at 
any  time,  at  the  request  of  a  cit}^  or  town  treasurer,  the 
deputy  shall  visit  such  city  or  town,  and  try,  adjust  and 
seal  its  standards. 

Section  7.  The  deputy  sealer  shall  in  the  performance  Deputy  seaier, 
of  his  duty  inspect  the  weights,  measures  and  balances  of  we^ht8%tc. 
any  person  which  are  used  for  selling  any  goods,  wares, 
merchandise  or  other  commodities,  or  for  public  weigh- 
ing, in  each  city  or  town  in  the  Commonwealth,  and  if  he 
finds  the  same  inaccurate  he  shall  forthwith  inform  the 
mayor  of  the  city  or  the  selectmen  of  the  town,  as  the  case 
may  be,  and  the  mayor  or  selectmen  shall  proceed  to 
enforce  the  provisions  of  chapter  sixty-five  of  the  Public 
Statutes  and  acts  in  amendment  thereof. 

Section  8.     The  deputy  sealer  shall  keep  a  record  in     record  and 
detail  of  the  cities  and  towns  visited  by  him  in  the  per-  ^^^°^  ' 
formance    of  his   duties,    of  the    weights,    measures  and 
balances  tested  and  sealed  by  him  ;  and  he  shall  annually, 
during  the  first  week  in  January,  make  a  report  of  his 
doings  for  the  year  to  the  treasurer  and  receiver-general. 

Section  9.     Instead  of  the  fees  and  expenses  now  pre-    salary  and 
scribed  by  law  to  be  paid  to  the  deputy  sealer  of  weights  *'^p^"*'^** 


462  1890.  —  Chapter  427. 

and  measures,  by  the  cities  and  towns,  he  shall  receive 

from  the  treasury  of  the  Commonwealth  an  annual  salary 

of  twelve   hundred   dollars  and  the  necessary  expenses 

incurred  in  the   performance  of  his  official  duty.     The 

bills  for  such  expenses  shall  be  rendered  to  the  auditor 

and  shall  be  paid  from  the  treasury  of  the  Commonwealth. 

^ffice^nr'^''        Section  10.     The  office  of  the  deputy  sealer  shall  be 

duties.  in  the  treasury  of  the  Commonwealth,    and   his   duties 

shall  be  performed  under  the  direction  and  supervision  of 

the  treasurer  and  receiver-general. 

Standards  to  be       SECTION    11.     The   treasurer    and    receiver-o-eneral   is 

put  in  order  by,.  .  iitt 

the  treasurer,  authorized  to  Complete  and  put  in  order  the  standards 
now  in  his  custody,  and  to  provide  whatever  may  be 
necessary  for  the  proper  performance  of  his  duties  by  the 
deputy  sealer. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  1890. 

Chcip.42i7  -^N  ^^"^  RELATING   TO  THE   SETTLEMENT  OF  TITLES   TO  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  folloivs: 

Petition  to  s.  J.  Section  1.  A  petition  under  chapter  two  hundred  and 
m'ent  of  title  to  thirty-sevcn  of  the  acts  of  the  year  one  thousand  eight 
i882f237'^'885r  huudrcd  and  eighty-two,  or  chapter  two  hundred  and 
^^^"  eighty-three  of  the  acts  of  the  year  one  thousand  eight 

hundred  and  eighty-five,  may  be  filed  by  any  person 
having  a  freehold  estate,  vested  or  contingent,  in  posses- 
sion, reversion  or  remainder,  in  the  land  originally  subject 
to  the  mortgage,  or  in  any  undivided  or  any  aliquot  part 
thereof,  or  any  interest  therein  which  may  eventually 
become  a  freehold  estate,  and  by  any  person  who  has 
conveyed  such  land  or  any  such  interest  therein  with 
covenants  of  title  or  warranty.  Any  two  or  more  persons 
owning  in  severalty  different  portions  or  different  interests 
of  the  character  above  described,  in  the  whole  or  in  differ- 
ent portions  thereof,  may  join  in  one  petition.  Two  or 
more  defects  arising  under  different  morto-ao;es  affecting; 

c  COD 

one  parcel  of  land  may  be  set  forth  in  the  same  petition  ; 
and  in  case  of  a  contest  the  court  shall  make  such  order 
for  separate  issues  as  may  be  proper. 
Petition  under         SECTION  2.     In  a  petition  Under  chapter  four  hundred 
'     ■  and  forty-two  of  the  acts  of  the  year  one  thousand  eight 

hundred  and  eighty-nine,  any  two  or  more  persons  owing 
in  severalty  different  portions  or  different  interests  of  the 


1890.  —  Chapter  428.  463 

character  described  in  said  act,  in  the  whole  or  in  different 
portions  of  such  estate  as  is  in  said  act  referred  to,  may  join. 

Approved  June  21,  1890. 

An  Act  to  promote  the  abolition  ok  grade  crossings.        ChapA^S 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Upon  petition  of  the  mayor  and  aldermen  of  ^^^Pi^hi'adnL? 
a  city  or  of  the  selectmen  of  a  town,  in  which  a  public  way  superior  couVt 
and  a  railroad  cross  each  other  at  grade,  or  of  the  directors  commission. 
of  the  railroad  company,  setting  forth  that  the  petitioners 
are  of  the  opinion  that  it  is  necessary  for  the  security  and 
convenience  of  the  pul)lic  that  an  alteration  should  be 
made  in  such  crossing,  in  the  approaches  thereto,  in  the 
location  of  the  railroad  or  public  way,  or  in  the  grades 
thereof,  so  as  to  avoid  a  crossing  at  grade,  or  that  such 
crossing  should  be  discontinued  with  or  without  building 
a  new  way  in  substitution  therefor, — the  superior  court, 
or  an}"  justice  thereof  sitting  in  equity  for  the  county  in 
which  such  crossing  or  a  portion  thereof  is  situated,  after 
such  notice  by  public  advertisement  or  otherwise  as  the 
court  shall  deem  desirable  and  a  hearing,  may  in  its  dis- 
cretion appoint  a  commission  of  three  disinterested 
persons. 

Section  2.     A  petition  under   the    preceding   section  petition  for 
may  embrace  several  crossings,  or  by  order  of  the  court  ,^ng"etc"°*^" 
several  separate  petitions  may  be  consolidated  and  heard 
as  one. 

Section  3.     The  members  of  the  said  commission  shall  commission  to 

,  ^j  .     .  ,.  1}    J^      •      prescribe  the 

meet  as  soon  as  may  be  alter  receiving  notice   ot   tneir  alterations  and 
appointment ;  and   if,  after  due  notice  and  hearing,  the  iL^wmk!"" 
commission  decide  that  the  alterations  are  necessary  for 
the  security  and  convenience  of  the  public,  it  shall  pre- 
scribe the  manner  and  limits  within  which  such  alterations 
shall  be  made  and  .shall  determine  which  party  shall  do 
the  work,  or  shall  apportion  the  work  to  be  done  between 
the  railroad  companies  and  the  city  or  town.     The  railroad  Apportionment 
companies    shall  pay  sixty-five  per  centum  of  the   total  tions. 
actual  cost  of  the  alterations,  including  in  such  cost  the 
cost  of  the  hearing  and  the  compensation  of  the  commis- 
sioners and  auditors  for  their  services,  and  all  damages 
including  those  mentioned  in  section  five  of  this  act ;  and 
the  .said  commission  shall  apportion  the  remaining  thirty- 
five  per  centum  of  said  cost  between  the  Commonwealth 


464 


1890.  —  Chapter  428. 


Change  in  loca- 
tion of  railroad 
or  public  way. 


and  the  city  or  town  in  which  the  crossing  or  crossings 
Provisos.  are  situated ;  provided,  however,  that  not  more  than  ten 

per  centum  of  such  cost  shall  be  apportioned  to  such  city 
or  town  ;  lyvovided,  further,  that  the  Commonwealth  shall 
not  be  charged  any  part  of  the  expenses  of  abolishing 
grade  crossings  which  are  established  after  the  passage  of 
this  act. 
?/puWi!fwayT  Section  4.  If  the  commission  decide  that  any  portion 
g^ade^of  way  or  of  an  existing  public  way  should  be  discontinued  it  shall 
so  specify,  and  it  shall  further  specify  the  grades  for  the 
railroad  and  the  public  way  or  ways  and  the  general 
method  of  construction,  and  also  what  land  or  other 
property  it  deems  necessary  to  be  taken  :  provided,  how- 
ever, that  if  such  decision  involves  a  change  in  the  grade 
of  the  railroad,  the  consent  of  the  directors  of  the  company 
to  such  change  of  grade  shall  first  be  obtained.  Said 
commission  shall  forthwith  return  said  decision  into  the 
said  superior  court.  The  decree  of  the  court  confirming 
the  decision  of  the  commission  shall  be  final  and  binding. 
If  the  commission  decides  that  the  location  of  the  railroad 
or  of  the  public  way  shall  be  changed,  the  decree  of  the 
court  confirming  such  decision  shall  constitute  a  taking  of 
the  specified  land  or  other  property  ;  and  it  shall  be  the  duty 
of  the  clerk  of  said  court,  within  thirty  days  after  the  making 
of  said  decree,  to  cause  a  copy  of  such  decision  and  decree 
to  be  filed  with  the  county  commissioners  of  the  county 
or  counties  in  which  the  land  or  other  property  taken  and 
the  crossing  are  situated,  and  also  to  be  recorded  in  the 
registry  of  deeds  for  the  counties  and  districts  in  which 
such  land,  property  and  crossings  are  situated,  and  also 
to  be  filed  with  the  auditor  of  the  Commonwealth.  Said 
taking  shall  be  deemed  to  be  a  taking  by  the  city  or  town 
if  the  land  is  to  be  used  for  a  public  way,  or  by  the  rail- 
road company  if  the  land  is  to  be  used  by  the  railroad. 
Damages.  SECTION  5.     All  damages  sustained  by  any  person  in 

his  property  by  the  taking  of  land  for,  or  by  the  altera- 
tions of  the  grade  of,  a  public  way  shall  primarily  be  paid 
by  the  city  or  town  ;  and  all  damages  occasioned  by  the 
taking  of  land  for  the  railroad  shall  primarily  be  paid  by 
the  railroad  company  ;  and  in  case  the  parties  interested 
cannot  agree  upon  said  damages,  the  city,  town,  railroad 
company  or  other  party  may  have  the  damages  determined 
by  a  jury  at  the  bar  of  the  superior  court  for  the  county 
wherein  the  property  and  crossing  are  situated,  on  petition, 


1890.  —  Chapter  428.  4G5 

brought  within  one  year  ufter  the  day  of  the  date  of  the  de- 
rree  of  the  t'ourt  contirniing  the  decision  of  said  coniniission, 
hy  either  of  said  parties,  in  the  same  manner  and  nntler  like 
rules  of  law  as  damages  may  be  determined  when  occasioned 
by  the  taking  of  land  for  the  locating  and  laying  out  of  rail- 
rt)ads  and  i)ul)lic  ways,  respectively,  in  such  city  or  town. 

!>ECTiox  (5.  After  the  completion  of  the  work  the  Maiutenanoe  of 
crossing  and  its  approaches  shall  be  maintained  and  kept  approaches'; 
in  repair  as  follows  :  —  When  the  })ublic  way  crosses  the 
railroad  l)y  an  overhead  l)ridge,  the  framework  of  the 
bridge  and  its  abutments  shall  l)e  maintained  and  kept 
in  repair  b}'  the  railroad  comj)any,  and  the  surface  of  the 
bridge  and  its  approaches  shall  be  maintained  and  kept  in 
i'e|)air  by  the  town  or  city  in  which  the  same  are  situated. 
^^'hen  the  pul)lic  way  passes  under  the  railroad,  the  bridge 
and  its  abutments  shall  be  maintained  and  kept  in  repair 
I)v  the  railroad  company,  and  the  public  way  and  its 
ai)proaches  shall  be  maintained  and  kept  in  re[)air  by  the 
town  or  city  in  which  they  are  situated. 

Section  7.  The  court  shall  appoint  an  auditor,  who  Aiumor,  duties, 
shall  be  a  disinterested  person,  not  an  inhabitant  of  the  <^°'"i""'*''"""- 
city  or  town  in  which  the  crossing  is  situated,  to  whom 
shall  from  time  to  time  be  sul)niitted  all  accounts  of 
exi)ense,  whether  incurred  by  the  railroads,  city,  town, 
commission  or  auditor,  who  shall  audit  the  same  and  make 
report  thereon  to  the  court ;  which  auditing,  when  accepted 
by  the  court,  shall  be  tinal.  The  compensation  of  the 
auditor  shall  be  determined  in  accordance  with  the  provi- 
sions of  law  relative  to  the  comj:)ensation  of  auditors 
appointed  by  the  superior  court  in  civil  cases.  Said  court 
from  time  to  time  shall  issue  its  decrees  for  payments  on 
the  part  of  the  railroad  cor[)orations,  or  of  the  Common- 
wealth, or  of  the  ciiy  or  town,  not  exceeding  their 
respective  proportions  determined  as  aforesaid  of  the 
expense  as  found  I)y  the  auditor. 

Sectiox  8.     The  superior  court,  or  an  V  justice  thereof  superior  court 

....  .  -1       •  1      1 1     1        "      •       •     T       •  j_      to  have  juiiwdic- 

sittmg  in  equity  m  any  county,  shall  have  jurisdiction  to  tiontocompei 
com[)el  compliance  with  this  act  and  with  the  decrees,  ihTJaJtTetc.^" 
agreements  and  decisions  made  thereunder  ;  and  may  issue 
and  enforce  such  interlocutory  decrees  and  orders  as  justice 
may  require  ;  and  it  shall  be  the  duty  of  the  attorney- 
general  or  his  assistants  to  appear  and  represent  the  Com- 
monwealth in  all  suits  and  [)roceedings  arising  under  this 
act.     Service  of  the  i)etition  and  all  notices  or  processes 


466  1890.  —  Chapter  428. 

may   he   made    upon  the    Commonwealth    by   leaving  an 
attested  copy  in  the  hands  or  in  the  office  of  the  attorney- 
general. 
wifenlldermen       Section  9.     If  the  board  of  aldermen  of  a  city  or  the 
oreeiectmen       selectmen  of  a  town  in  which  a  public  way  and  a  railroad 

aod  directors  i      i        i  t       p    ^•  •     i  -i  i 

agree  as  to  the    cross  cacli  otlicr,  and  the  board  oi  du'ectors  ot  the  railroad 

alterations  to  be  ^  .     .  ^i      ^      -^      •  f  j^i 

made  at  a  grade  company,    are  01    opmion  that   it   is    necessary    tor   the 
crossing.  sccuHty  and  convenience  of  the  public  that  alterations 

should  be  made  in  such  crossing,  in  the  approaches  there- 
to, in  the  location  of  the  railroad  or  public  way,  or  in  the 
grades  thereof,  or  in  a  bridge  at  such  crossing,  or  that 
such  crossing  should  be  discontinued  with  or  without 
building  a  new  way  in  substitution  therefor,  and  if  they 
agree  as  to  the  alterations  which  should  be  made,  an 
instrument  in  writing  signed  in  behalf  of  a  city  by  the 
mayor,  on  being  thereto  duly  authorized  by  the  board  of 
aldermen,  or  in  behalf  of  a  town  by  the  chairman  of  the 
selectmen,  on  being  thereto  duly  authorized  by  the  board 
of  selectmen,  and  by  the  president  of  the  railroad  company, 
on  being  thereto  duly  authorized  by  its  board  of  directors, 
specifying  the  manner  and  limits  within  which  the  altera- 
tions shall  be  made,  and  by  which  party  the  work  shall  be 
done,  or  how  it  shall  be  apportioned  between  the  city  or 
town  and  the  railroad  company,  the  general  method  of 
construction,  the  grades  for  the  railroad  and  the  public 
w,ay  or  ways,  and  also  what  land  or  other  property  it  is 
necessary  to  take,  and  what  portion,  if  any,  of  an  existing 
public  way  is  to  be  discontinued,  and  how  the  cost  thereof 
shall  be  apportioned  between  the  city  or  town  and  the 
railroad  company,  shall  be  valid  and  binding  on  the  city 
or  town  and  the  railroad  company,  respectively,  and  have 
the  same  force  and  effect  as  a  decree  of  the  court  under 
fpprovUV  ^^^  provisions  of  this  act :  provided,  that  the  board  of  rail- 
raiiroad  com-  road  commissionci's,  after  notice  to  all  parties  interested  by 
advertisement  and  a  public  hearing,  approve  of  the  altera- 
tions set  forth  in  the  agreement  as  necessary  for  the  con- 
venience and  security  of  the  public.  Said  approval  by  the 
board  shall  constitute  a  taking  of  the  land  and  other 
property  specified  in  the  agreement  as  necessary  to  be 
taken,  and  it  shall  be  the  duty  of  the  clerk  of  said  board, 
within  thirty  days  after  such  approval,  to  cause  a  copy  of 
the  agreement  and  approval  to  be  filed  with  the  county 
commissioners  of  the  county  or  counties  in  which  the  land 
or  other  property  taken  and  the  crossing  are  situated,  and 


1890.  —  Chapter  428.  467 

also  to  be  recorded  in  the  refxistry  of  deeds  for  the  counties 

and   districts   in    which  such   hind,  property  and  crossing 

are  situated,  and   also  to   he   fihMl  with  the  auditor  of  the 

Commonwealth.    The  provisions  contained  in  this  act  rehit-  Land  damages. 

ing  to  the  taking  of  land  under  ii  decree  of  the  court  and 

in  relation  to  the  recovery  of  damages  sustained  by  any 

person  in  consequence  of  such  taking,  or  of  the  alterations 

made  in  pursuance  of  said  decree,  shall  apply  to  the  taking 

of  land  and  damages  sustained  under  an  agreement  betw^een 

the  city  or  town  and  the  railroad  company  made  as  herein 

provided ;  except  that  the  petition  for  the  determination  of 

damages  may  be  brought  within  one  year  after  the  date  of 

the  approval  of  such  agreement  by  the  board  of  railroad 

commissioners.     After  the   completion   of  the   work  the 

crossing  and  approaches  shall   be  maintained  and   kept  in 

repair  as  provided  in  section  six  of  this  act.     If  the  agree-  Railroad  com- 

,  •i/>ji  11 -J-  n  11-  1  •  raifsioiiere  to  be 

ment  provides  for  the  abolition  ot  a  public  ijrade  crossing,  informed  as  to 
it  shall  be  the  duty  of  the  board  of  railroad'commissioners  Z'.^'  *"™'^''' 
to  keep  itself  informed  of  the  progress  and  character  of 
the  work  and  the  amounts  reasonably  expended  for  work 
done  or  for  damages,  so  far  as  rendered  necessary  for  the 
abolition  of  the  grade  crossing;  and  for  that  purpose  it 
may  employ  any  necessary  agents,  and  from  time  to  time 
as  it  may  deem  proper  shall  issue  certified  statements  of 
the  amount  legally  and  properly  expended  for  such  aboli- 
tion of  a  grade  crossing  ;  and  the  Commonwealth  shall  pay 
to  the  parties  entitled  thereto  under  the  agreement  twenty 
per  centum  of  such  expenditure. 

Section  10.     The  amount  to  be  paid  under  the  pro-  Amovmttobe 

••  /"ji-  ,1  1/-1  !,!•  paid  by  the 

Visions  ot  this  act  by  the  Commonwealth  in  any  one  year  common- 
(theyear  beginning  with  the  passage  of  this  act),  shall  not  ^*''''"^- 
exceed  five  hundred  thousand  dollars,  and  the  total  amount 
to  be  paid  by  the  Commonwealth  under  the  provisions  of 
this  act  shall  not  exceed  five  million  dollars;  and  the 
treasurer  and  receiver-general  of  the  Commonwealth  shall 
pay  the  amount  of  cost  allotted  to  the  state  from  any  money 
not  otherwise  appropriated,  and  is  hereby  authorized,  when 
requested  by  the  governor  and  council  so  to  do,  to  issue 
and  sell  bonds  from  time  to  time,  under  such  terms  and 
conditions,  and  with  a  sinking  fund  for  their  redemption, 
as  shall  best  promote  the  welfare  of  the  Commonwealth. 

Section  11.  Notice  shall  be  filed  by  the  petitioners  Railroad  com- 
Avith  the  railroad  commissioners  of  the  entry  of  any  peti-  iTe^noiiHe'd,' to 
tion  under  the  provisions  of  this  act ;  and  in  case  applica- 


468  1890.  —  Chapter  429. 

decide  which      tioii  shiill  be  made  for  chano-es  in  o-i-ade  crossino-s,  which 

petition  shall  be        ...  .  .         ,  .     .         '=>  ^         .  ,^  .      .  \-j_ 

proceeded  with.  Will  require,  111  the  opinion  oi  said  commissioners  alter  an 
examination  of  the  decision  of  the  commission  appointed 
by  the  court,  a  larger  expenditure  in  any  one  year  on  the 
part  of  the  Commonwealth  than  the  amount  provided  for 
by  this  act,  said  raih'oad  commissioners  shall  have  full 
power  to  decide,  which,  if  any,  of  said  pending  petitions 
shall  be  proceeded  with  during  the  year ;  and  no  decree 
shall  be  entered  under  any  such  petition  until  a  certificate 
■  is  filed  thereon  by  the  railroad  commissioners,  that  in  their 
judgment,  the  ex[)enditure  on  the  part  of  the  Common- 
wealth will  not  exceed  the  amount  provided  for  l)y  this 
act. 

ProvisionBof  SECTION  12.     The  provisious  of  sections  one  hundred 

r,  b.  112,  §§  ,  iiiii*  ••!• 

129-136;  and  twenty-nme  to  one  hundred  and  thirty-six,  inclusive, 

1882    135  *  »  -t  *  »         r 

1885*,  194;  of  chapter  one  hundred  and  twelve  ot  the  Public  Statutes, 

^ppi'yf^'°°*  *°  chapter  one  hundred  and  thirty-five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-two,  chapter  one  hundred 
and  ninety-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  and  chapter  two  hundred  and  ninet3'-five 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
so  far  as  they  relate  to  proceedings  for  the  abolition  of 
grade  crossings,  shall  not  apply  to  the  provisions  of  this 
act:  j^rovided,  hoicever,  that  nothing  in  this  act  shall  have 
efl'ect  upon  cases  pending  or  upon  any  right  accrued  at  the 
time  of  its  passage. 

Section  13.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jane  21,  1890. 

CJlCin  429  -^^  ^^^  "^^  AMEND  CHAPTER  THREE  HUNDRED  AND  EIGHTY-ONE  OF 
THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  EIGHTY-SEVEN, 
AMENDING  THE  ACT  TO  INCORPORATE  THE  BERKSHIRE  HEIGHTS 
WATER  COMPANY  OF  GREAT  HARRINGTON,  AND  TO  RATIFY  AND 
CONFIRM  THE  ORGANIZATION  .\ND  CERTAIN  ACTS  AND  DOINGS  OF 
SAID   COMPANY. 

Be  it  enacted,  etc.,  as  follows : 

Amcndraeutto        Section  1.     Scctiou  four  of  chapter  thrcc  liundrcd  and 

i8Si,38i,  §4.      eighty-one  of  the  acts  of  the  year  eighteen  hundred  and 

eighty-seven  is  hcreb}'  amended  to  read    as    follows:  — 

Town  or  fire       SectioTi  4.     The  said  town  of  Great  Barrino-ton,  and  any 

district  muy  ,  ,  ^  '  %j 

purchase  f ran-    fire  district  that  is  or  may  hereafter  be  established  therein, 

property.  shall  have  the  right  at  any  time  during  the  continuance  of 

the  charter  hereby  granted  to  purchase  the  franchise,  cor- 


1890.  —  Chapter  430.  4G9 

porato  property  and  all  the  rights  and  ])rivi leges  of  said 
c()riK)rati()n,  at  a  priee  which  may  he  inutually  agreed 
upon  between  said  town  or  such  tire  district  and  said  cor- 
poiation  ;  and  the  said  corporation  is  authorized  to  make 
sale  of  the  same  to  said  town  or  such  tire  district.  In  case 
said  corporation  and  said  town  or  such  tire  district  are 
unahle  to  agi'ee,  then  the  compensation  to  be  paid  shall  l)e 
determined  by  three  commissioners,  to  be  a))pointed  by 
the  su{)reme  judicial  court  upon  application  of  either  party 
and  notice  to  the  other,  whose  award  when  accepted  l)y 
said  court  shall  be  I)inding  upon  all  parties.  This  authority 
to  purchase  said  franchise  and  pro})erty  is  granted  on  con- 
dition that  the  same  is  assented  to  by  said  town  or  such 
tire  district  by  a  two-thirds  vote  of  the  voters  of  said  town 
or  such  tire  district  present  and  voting  thereon  at  a  meet- 
ing called  for  that  purpose. 

Section  2.     The  organization  of  said  Berkshire  Heights  ort^anization 
Water  Company  shall  not  be  invalid  for  the  reason  that  its  eioSn"^ 
first  board  of  officers  was  chosen  at  a  meetino-  not  duly  ratmed  and 
called  for  that  purpose  and  before  its  capital   stock  was 
fully  subscribed  for;  and  all  the  doings  of  said  corpora- 
tion in  relation  to  the  taking  of  land  and  of  water  rights 
and  privileges  for  its  corporate  purposes,  and  in  relation 
to  its  holding  annual  meetings,   are  hereby  ratified   and 
confirmed. 

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

Approved  Jane  21^  1890. 

An  Act  to  authorize  the  town  of  hingham  to  take  and  fill  (JJiftp  430 

THE   MILL   POND   IN    SAID   TOWN   AND   FOR   OTHER    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  filling  a  part  or  the  May  take,  fiii 
whole  of  the  mill  ]X)nd,so  called,  in  the  town  of  Ilinghim,  pond",' iaiKi  and 
said  town  may  take  by  purchase  or  otherwise  any  part  or  "*^®' 
the  whole  of  the  said  pond  and  the  land  or  flats  in,  under 
or  around  said  pond,  and  fill  and  raise  the  same  to  such 
grade  as  may  be  deemed  necessary  or  expedient. 

Section  2.     For  the    purpose  of  altering,  improving  Maytakpa-.id 
and  regulating  the  course  or  flow  of  any  natural  stream  'i"'^'' «"'■■""'*• 
or  streams  emptying  or  discharging  itito  said  pond,  said 
town  ma}"^  take  by  purchase  or  otherwise  such  part  or  the 
Avhole  of  any  such  streams,  and  any  rights  or  privileges 
therein,  and  such  land  as  may  be  necessary  for  the  pur- 


470 


1890.  —  Chapter  430. 


To  lecoid  lu 
registry  of 
deeds  a  descrip- 
tion of  property 
lakeu,  etc. 


Title  to  vest  in 
town  of 
Hingliam. 


May  talje  mill 
privilege. 


Damages. 


To  construct 
and  maintain 
drains. 


Hingham  Tin- 
provement 
Loan  not  to 
exceed  |50,000. 


poses  herein  set  forth,  and  may  alter  and  deepen  the  loca- 
tion and  flow  of  any  or  all  such  streams  as  may  be  neces- 
sary and  expedient,  and  may  regulate  the  use  of  any  and 
all  of  the  same. 

Section  3.  The  said  town  shall,  within  sixty  days 
after  the  taking  of  said  pond,  land,  flats,  rights  or  privi- 
leges, or  any  part  thereof  as  aforesaid,  otherwise  than  l)y 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  Plymouth  county  a  description  thereof  sufficiently 
accurate  for  identification,  with  a  statement  of  the  puri)Ose 
for  which  the  same  were  taken,  signed  by  the  chairman  of 
the  board  of  selectmen  ;  and  the  title  to  said  lands  or  flats 
when  filled,  and  of  such  streams  and  privileges,  shall  vest 
in  the  town  of  Hingham  in  fee  simple,  and  may  be  sold 
and  conveyed  by  said  town  in  such  manner  as  said  town 
may  determine,  or  may  be  retained  by  said  town  for  public 
uses. 

Section  4.  Said  town  may,  for  the  purpo-e  of  remov- 
ing obstructions  to  the  natural  flow  of  water  into  and  out 
of  said  pond,  take  by  purchase  or  otherwise  the  mill  privi- 
lege situated  on  the  borders  of  said  pond. 

Section  5.  The  said  town  shall  pay  all  damages  sus- 
tained by  any  person  in  property  by  the  taking  and  filling 
of  said  pond,  land,  flats  or  streams,  or  by  the  taking  of 
said  mill  privilege,  or  by  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  sus- 
taining damages  as  aforesaid  under  this  act  who  fails 'to 
agree  with  said  town  as  to  the  amount  of  damages  sus- 
tained, may  have  damages  assessed  and  determined  in  the 
manner  piovided  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  pond,  land, 
flats  or  streams,  or  the  doing  of  other  injury  under  the 
authority  of  this  act ;  but  no  application  shall  be  made 
after  the  expiration  of  said  three  3'ears. 

Section  6.  The  said  town  shall  construct  and  maintain 
all  necessary  drains  for  the  free  passage  of  the  water  of 
natural  streams  now  flowing  into  said  mill  pond. 

Section  7.  The  said  town  may,  for  the  purpose  of 
paying  the  necessary  expenses  and  lial)ilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  fifty  thousand  dollars  ;  such  bonds,  notes  and 
scrip  shall  bear  on  their  face  the  words  Hingham  Improve- 


]  890.  — Chapter  431.  471 

iiiont  Lo:in,  shall  be  payable  at. the  expiration  of  periods 
not  cxceedinir  twenty  years  from  the  date  of  issue,  shall 
bear  interest  |)ayal)le  semi-annually  at  a  rate  not  exceed- 
ing five  per  cent.  |)or  annum,  and  shall  be  signed  by  the 
treasurer  and  countersigned  by  the  selectmen  of  said  town. 
The  said  town  may  sell  such  securities  at  public  or  private 
sale,  or  pledge  the  same  for  money  borrowed  for  the  pur- 
poses of  this  act,  upon  such  terms  and  conditions  as  it  may 
deem  proper. 

Section  8.     No  such  filling  shall  be  commenced  or  con-  pians  subject  to 
tracts  made  therefor  until  plans  of  the  whole  work  pro-  Bt!ue°hoar/of 
posed  shall  have  been  submitted  to  and  approved  by  the  harborTnd 
state  board  of  health  and  the  board  of  harbor  and  land  i^jndcommis- 

Bioneis. 

commissioners. 

Sectiox  9.  The  said  town  shall  j^rovide  at  the  time  sinking  fund  to 
of  contracting  said  loan  for  the  establishment  of  a  sink- 
ing fund,  and  shall  annually  contribute  to  such  fund  a  sum 
sufficient  with  the  accumulations  thereof  to  pay  the  prin- 
cipal of  said  loan  at  maturity.  The  said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose 

Sectiox  10.     The  said  town   shall  raise  annually,  by  to  raise  by 

,  ,•  n''    '       J    1  ji        •     i  J  -i  taxation  suffi- 

taxation.  a  sum  suffacient  to  pay  the  interest  as  it  accrues  ciem  to  pay  m- 
on    the   bonds,   notes    and  scrip  issued  as    aforesaid  by  uJ^io  sinking'" 
said  town,  and  to  make  such  contributions  to  the  sinking  f"ud, etc. 
fund  and  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act ;  but  said  town  shall  not 
raise  more  than  five  thousand  dollars  in  any  one  year  to 
pay  the  principal  of  said  loan,  except  in  the  year  in  which 
the  same  may  become  due. 

Section  11.     This  act  shall  take  effect  upon  its  accent-  subject  to  ac- 

1  -       -i.  i-i-i-lili/^-ii  ceptance  by  a 

ance  by  a  majority  vote  of  the  legal  voters  of  said  town,  majority  vote. 
present  and  voting  thereon  at  a  legal  meeting  called  for 
that   purpose,    within   three   years   from   the   date   of  its 
passage  ;    but  the  number  of  meetings  so  called   in  any 
year  shall  not  exceed  three.         ^jjiproved  June  21,  1890. 

An  Act  to  amend  the  public  statutes  concerning  fraudu-  QJian  431 

LENT   CONVEYANCKS   OF   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Section  one  hundred  and  twelve  of  chap-  Amendment  to 
ter  one  hundred  and  fifty-seven  of  the  Public  Statutes  is  p- ^- ^■^'^' 5  ii-^- 


472  1890.  —  Chapter  431 . 

lierebj^  amended  b}^  striking  out  the  words  "within  one 
year",  in  the  twentieth  line  of  said  section,  and  by  insert- 
ing after  the  word  "  thereafter",  in  said  lino,  the  words  : 
—  or  in  the  case  of  any  such  fraudulent  conveyance  of 
real  estate,  within  ninety  days  atter  the  same  has  been 
recorded,  —  so   that  it  shall   read  as   follows: — Section 
^•editwthat       112.     If  a  person  arrested  on  mesne  process  in  a  civil 
seized 'and  d'i'a.    ^^^'tion  for  the  sum  of  one  hundred  dollars  or  upwards, 
tiibuted.  founded  upon  a  demand  in  its  nature  provable  against  the 

estate  of  an  insolvent  debtor,  has  not  given  bail  therein 
on  or  before  the  return  day  of  such  process,  or  has  been 
actually  imprisoned  thereon  for  more  than  thirty  days  ; 
or  if  a  person  whose  goods  or  estate  are  attached  on  mesne 
process  in  such  action  founded  upon  such  contract  has  not 
before  the  return  day  of  such  process  dissolved  the  attach- 
ment in  the  manner  provided  by  law  ;  or  if  a  person  has 
removed  himself  or  any  part  of  his  property  from  the 
state,  with  intent  to  defraud  his  creditors  ;  or  has  con- 
cealed himself  to  avoid  arrest,  or  any  part  of  his  proi)erty 
to  prevent  its  being  attached  or  taken  on  a  legal  process  ;  or 
procured  himself  or  his  property  to  be  arrested,  attached, 
or  taken  on  any  legal  process  ;  or  made  a  fraudulent  pay- 
ment, conveyance,  or  transfer  of  any  part  of  his  property  ; 
or,  being  a  banker,  broker,  merchant,  trader,  manufac- 
turer, or  miner,  has  fraudulently  stopped  payment,  or  has 
stopped  or  suspended  and  not  resumed  payment  of  his 
connnercial  pa})er  within  a  period  of  fourteen  days  ;  any 
of  his  creditors  whose  claims  provable  against  his  estate 
amount  to  one  hundred  dollars  may,  within  ninety  days 
thereafter,  or  in  the  case  of  any  such  fraudulent  convey- 
ance of  real  estate,  within  ninety  days  after  the  same  has 
been  recorded,  if  the  debtor  has  resided  in  the  state,  apply 
by  petition  to  the  judge  for  the  county  in  which  the  debtor 
has  last  resided  for  three  consecutive  months  before  the 
application,  if  he  has  resided  for  that  time  in  any  county, 
otherwise  to  the  judge  for  the  county  within  which  he 
resides  or  last  resided,  setting  forth  the  facts  and  the 
nature  of  their  claims,  veritied  l\y  oath,  and  praying  that 
his  estate  may  l)e  seized  and  distributed  according  to  the 
provisions  of  this  chapter. 

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

Approved  Jane  21,  ISOO. 


1890.  — Chapters  432,  433.  473 


An  Act  authorizing  the  city  of  brockton  to  apphopriate  a  (J/iapA32 

SUM    OK   money   for   THE   ERECTION    OF  A    MEMORIAL   HALL. 

Be  U  enacted,  etc.,  as  foUo2cs: 

Sectiox  1.     The  city  of  Brockton   is  hereby  author-  May  appiopri. 

.,    ,  .     ^  "^  ,,  ,  V  V      i       ate  iiionoy  for 

ized  to  ni)i)ropriate  a  sum  ot  mouej',  uot  exccecuno:  torty  the  erection. fa 
thousand  dolUus,  for  the  erection  of  a  memorial   hall   in  "''""O'*"'!^'^"- 
said  city  and  the  purchase  of  lands  necessary  therefor  ; 
said  building  to  be  used  and  maintained  as  a  memorial  to 
the  soldiers  and  sailors  of  the  Avar  of  the  rebellion. 

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

Ajjproved  June  21,  1890. 

At  Act  making   appropriations  for  the  Massachusetts  ho-  (7^^79.433 

MEOPATHIC    hospital,   THE    HOSPITAL    COTTAGES    AT     BALHWINS- 
VILLE  AND   FOR   CERTAIN  OTHER  EXPENSES   AUTHORIZED  BY    LAW. 

Be  it  enacted,  etc.,  as  foUoios  : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth, flora  the  ordinary  revenue,  in  aid  of  the 
IMassachusetts  homeopathic  hospital,  the  hospital  cottages 
for  children  at  Baldwinsville,  and  fbr  certain  other  ex- 
penses authorized  by  law,  to  wit :  — 

For  the  purchase  of  land  and  the  erection  of  a  coal  shed  state  primary 

1  •  1  1  T»  r  1      school. 

at  the  state  primai'y  school  at  Monson,  a  sum  not  exceed- 
ing six  hundred  dollars,  as  authorized  by  chapter  sixty- 
three  of  the  resolves  of  the  present  ^ear. 

For  building  and  repaiiing  fences  at  the  reformatory  Reformatory 
prison   for  women,   a    .>«um   not  exceeding  one  thousand  women.°'^ 
dollars  as  authorized  by  chapter  sixty-four  of  the  resolves 
of  the  present  3'ear. 

For  a  new  building  at  the  Lyman  school  for  boys,  a  Lyman  echooi 
sum  not  exceeding  sixteen  thousand  dollars,  as  authorized  ^°^^^°^^- 
by  chapter  sixty-iive  of  the  resolves  of  the  present  year. 

For  expenses  in  connection  with  the  extermination  of  Extermination 

,         .  ,  .  .  of  the  aypsy 

the  insect  known  as  the  ocneria  dispar  or  gypsy  moth,  a  moth. ^ 
sum  not  exceeding  twenty-tive  thousand  dollars,  as  author- 
ized by  chapter  sixty-six  of  the  resolves  of  the  present 
year,  lieing  in  addition  to  the  twenty-iive  thousand  dollars 
authorized  by  chapter  ninety-tive  of  the  acts  of  the  present 
year. 

For  the  maintenance  of  industrial  schools  and  for  cer-  Massachnsetts 
tain  repairs  at  the  Massachusetts  reformatory,  a  sum  not  '"*'"""''"'>'• 


-;*^ 


474: 


1890.  —  Chapter  433. 


CommissionerB 
for  the  Dudley 
Indiana. 


Soldiers'  mes- 
senger corps. 


Free  public 
libraries. 


Hospital  cot- 
tasjes  for  chil 
dren. 


Massachusetts 
homeopathic 

hospital. 


Plymouth 
county  probate 
record. 


State  board  of 
health. 


Civil  actions. 


Kish  and  game 
laws. 


exceeding  eleven  thousand  five  hundred  dollars,  as  author- 
ized by  chapter  sixty-eight  of  the  resolves  of  the  present 
year. 

For  Charles  E.  Stevens  and  Thomas  Harrington,  com- 
missioners for  the  Dudley  Indians,  the  sum  of  four  thou- 
sand eight  hundred  and  fifty-one  dollars  and  sixty-three 
cents,  as  authorized  by  chapter  sixty-nine  of  the  resolves 
of  the  present  year. 

For  the  soldiers'  messenger  corps,  a  sum  not  exceeding 
eight  hundred  dollars,  as  authorized  by  chapter  seventy 
of  the  resolves  of  the  present  year. 

To  carry  out  the  provisions  of  the  act  to  promote  the 
establishment  and  efiiciency  of  free  public  libraries,  a 
sum  not  exceeding  five  thousand  dollars,  as  authorized 
by  chapter  three  hundred  and  forty-seven  of  the  acts  of 
the  present  year. 

For  the  hospital  cottages  for  children  in  Baldwinsville, 
in  the  town  of  Templcton,  a  sum  not  exceeding  thirty 
thousand  dollars,  as  authorized  by  chapter  three  hundred 
and  fifty-four  of  the  acts  of  the  present  year. 

For  the  ^Massachusetts  homeopathic  hospital,  a  sum  not 
exceeding  sixty  thousand  dollars,  as  authorized  by  chapter 
three  hundred  and  fifty-eight  of  the  acts  of  the  present 
year. 

For  arranging  and  indexing  the  probate  records  of  the 
county  of  Plymouth,  a  sum  not  exceeding  three  hundred 
and  fifty  dollars,  as  authorized  by  chapter  three  hundred 
and  sixty-three  of  the  acts  of  the  present  year. 

For  travelling  and  general  expenses  of  the  state  board 
of  health,  a  sum  not  exceeding  one  thousand  dollars,  being 
in  addition  to  the  sixty-eight  hundred  dollars  appropriated 
by  chapter  forty-two  of  the  acts  of  the  present  year. 

For  contingent  expenses  of  civil  actions  in  Common" 
wealth  cases,  a  sum  not  exceeding  five  hundred  dollars' 
as  authorized  by  chapter  three  hundred  and  eighty-eight 
of  the  acts  of  the  present  year,  being  in  addition  to  the 
three  hundred  dollars  appropriated  by  chapter  forty-two 
of  the  acts  of  the  present  year. 

For  the  better  maintenance  and  enforcement  of  the  fish 
and  o^ame  laws,  a  sum  not  excecdino;  fourteen  thousand 
five  hundred  dollars,  as  authorized  by  chapter  three  hun- 
dred and  ninety  of  the  acts  of  the  present  year. 

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

Approved  June  21,  1890. 


1890.  — Chapters  434,  435,  436.  475 

An  Act  to  amend   an  act  to  incorporate  the  city  of  marl-  (JJiapA34: 

BOROUGH. 

Be  it  enacted,  etc.,  asfoUoivs: 

Sectiox  1.     Section  six  of  chapter  three  hundred  and  fsl^Jj^aoo;*!'!'" 
twenty  of  the  acts  of  the  year  eiahteen  hundred  and  ninety 
is  hereby  amended  by  inserting  after  the  word  "  national", 
in  the  tirst  line  thereof,  the  word  :  —  state,  —  so  that  said 
section   as  amended  shall  read  as  follows  :  —  Section  6.  eiecuou  of^su'te 
All  meetings  for  the  election   of  national,  state,  county  officers. 
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  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  1890. 

An  Act  authorizing  the  city  of  lynn  to  make  ordinances  (J]i(xr)A^^ 

PROVIDING   for   the   REGISTRATION   AND   LICENSING   OF  PLUMBERS 
IN   SAID   CITY   OF   LYNN. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The    city    of  Lynn   may,   by   ordinance,  Registration 
require  the  registration  and  licensing  of  all  persons  who  piumberein^ihe 
may  hereafter  do  any  work  of  plumbing  in  connection  with  ^ty  of  Lyon. 
the  public  water  service  of  the  city  of  Lynn  or  any  of  the 
supply  pipes  thereof,  or  house  or  building  pluml)ing  con- 
nected with  said  water  service  ;  and  may  thereby  prescribe 
rules  for  the  materials,  regulation,  construction,  alteration 
and  inspection  of  all  pipes,  tanks,  faucets,  valves  and  other 
fixtures  by  and  through  which  the  water  from  said  water 
service  is   used   and  carried,   and   provide  that  no   such 
pipes,  tanks,   faucets,   valves   or  other  fixtures   shall   be 
placed  in  any  building  in  said  city,  except  in  accordance 
with  plans  which  shall  be  approved  by  the  public  water 
board  of  said  city  or  such  person  or  persons  as  said  board 
shall  designate. 

Section  2.     Said  city  may  fix  penalties  not  to  exceed 
twenty  dollars  for  each  violation  of  said  ordinance. 

Approved  Jane  21,  1890. 

An  Act  to  amend  an  act  relative  to  the  printing  and  dis-  rfjfff^  4.Sfi 

TRIBUTING   OF   BALLOTS   AT   THE   PUBLIC   EXPENSE.  '   ' 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Registrars  of  voters,  to  whom  nomination  Number  of 
papers  are  submitted  for  certification  under  the  provisions  "erTiiild^by 


476  1890.  — Chapter  436. 

registrars  of       of  sectioii  foui'  of  chapter  four  hundred  and  thirteen  of  the 

vot6rs.  *- 

1889, 413,  §4.      acts  of  thc  year  eighteen  hundred  and  eighty-nine,  shall 
not  he  required  in  any  event  to  certify  upon  any  nomina- 
tion ])a))er  a  greater  number  of  names  than  is  sufficient  to 
make  the  nomination  under  said  chapter  four  hundred  and 
thirteen,  with  one-tifth  of  such  number  added  thereto. 
?e^piaced°'' '°         Sectiox  2.     Whcu  caudidatcs  are  nominated  otherwise 
cfuduiltTs"''  °^  ^^^^"^  ^^y  political  parties  which,  at  the  state  election  next 
1889,413.  preceding  their  nomination,  polled  at  least  three  per  cen- 

tum of  the  entire  vote  cast  in  the  state,  the  name  of  any 
party  so  polling  three  per  centum  of  such  entire  vote  shall 
not,  under  the  provisions  of  said  chapter  four  hundred  and 
thirteen,  be  used  or  contained  in  the  party  or  political 
designation  of  candidates  so  otherwise  nominated,  except 
as  describing  and  preceding  some  other  name  or  term  ; 
and  in  case  a  nomination  is  made  hy  a  nomination  paper, 
only  the  words  ''nomination  paper",  or  abl)reviated  as 
"  nom.  paper",  shall  be  added  after  such  designation, 
which  in  such  case  shall  not  consist  of  more  than  two 
words. 
Time  of  filing  Sectiox  3.     Ccrtificatcs  of  nomination,  under  the  pro- 

ceitihcates  of  ,    ,  .  _  '     ,  i 

nominatioa,  and  visious  of  Said  chapter  four  hundred  and  thirteen,  for  the 

nomination  .  .  r  ^•  ^  o  n--  i  l      -\    f 

papers.  noniHiation  ot  candidates  tor  state  otnces  to  be  voted  tor 

1389, 413,  §6.  ,^^  large  throughout  the  state,  shall  hereafter  be  filed  with 
the  secretary  of  the  Commonwealth  at  least  twenty-eight 
days  previous  to  the  day  of  the  election  for  which  the 
candidates  are  nominated  ;  and  nomination  papers  for  the 
nomination  of  such  candidates  shall  be  so  filed  at  least 
twenty-one  days  previous  to  the  day  of  the  election. 
Certificates  of  nomination  and  nomination  papers  for  the 
nomination  of  candidates  for  all  other  state  offices  shall 
be  filed  as  aforesaid  at  least  eighteen  and  seventeen  days, 
respectively,  previous  to  the  day  of  the  election  :  pro- 
vided^ however,  that  such  certificates  and  papers  for  the 
n(^mi nation  of  candidates  for  senator  or  representative  to 
fill  a  vacancy  may  be  filed,  as  hereinbefore  provided,  not 
less  than  ten  days  previous  to  the  election  for  which  the 
candidate  is  nominated.  Except  in  the  city  of  Boston, 
certificates  of  nomination  and  nomination  papers  for  the 
nomination  of  candidates  for  all  city  offices  shall  hereafter 
be  filed  at  least  eleven  and  ten  days,  respectively,  pre- 
vious to  the  day  of  the  election  for  which  the  candidates 
are  nominated  ;  and  in  the  city  of  Boston  such  certificates 
of  nomination  and   nomination   papers  shall  hereafter  be 


1890.  — Chapter  436.  477 

filed  at  least  eighteen  and  seventeen  days,  respectively, 
previous  to  such  day. 

Sectiox  4.     In  case  a  candidate  who  has    been   duly  Nomination  of 

.1  1^1  ••  x*-iii.x'  candidate  to  fill 

noniiuated,  under  the  provisions  ot  said  chapter  tour  a  vacancy  in 
hundred  and  thirteen,  shall  die  before  the  day  of  election,  <=''8e  of  death. 
the  vacancy  may  be  supplied  by  the  political  party  or 
other  persons  making  the  original  nomination,  in  the 
manner  therein  jn'ovided  for  such  nomination  ;  or  if  the 
time  is  insufficient  therefor,  then  the  vacancy  may  be  sup- 
plied, if  the  nomination  was  made  by  a  convention  or 
caucus,  in  such  manner  as  the  convention  or  caucus  has 
previously  provided  for  the  purpose,  or,  in  case  of  no 
such  previous  provision,  then  by  a  regularly  elected 
general  or  executive  committee  representing  the  political 
party  or  persons  holding  such  convention  or  caucus.  The 
certificates  of  nomination  made  for  supplying  such  vacancy 
shall  state,  in  addition  to  the  other  facts  required  by  said 
chapter,  the  name  of  the  original  nominee,  the  date  of  his 
death,  and  the  measures  taken  in  accordance  with  the 
above  requirements  for  filling  the  vacancy  ;  and  it  shall 
be  signed  and  sworn  to  by  the  presiding  officer  and  secre- 
tary of  the  convention  or  caucus,  or  by  the  chairman  and 
secretary  of  the  duly  authorized  committee,  as  the  case 
may  be.  The  name  so  supplied  for  the  vacancy  shall,  if 
the  l)allots  for  the  office  are  not  already  printed,  be  placed 
on  the  ballots  instead  of  the  original  nomination  ;  or,  if 
the  ballots  have  been  printed,  new  ballots  containing  the 
new  nomination  shall,  whenever  practicable,  be  furnished. 

Section  5.     Objections  and  other  questions  arising,  in  Board  to  con- 
accordance  with   the  provisions  of  section  seven  of  said  fifc'^ase^if''"'""' 
chapter  four  hundred  and  thirteen,  in  the  case  of  nomina-  ",X'offlc°ers.°^ 
tions  of  state  officers  shall  hereafter  be  considered  by  the  isso,  413,  §7. 
secretary  of  the  Commonwealth,  the  attorney-general  and 
three  other  persons  to  be  called  ballot-law  commissioners, 
and   the  decision  of  a  majority  of  these  officers  shall  be 
final.     The    said   ballot-law    commissioners    shall    be  aj)- 
pointed  by  the  governor  Avith  the  advice  and  consent  of 
the  council  in  the  month  of  June  or  July  of  each  year,  and 
shall  hold  office  for  terms  of  one  year  beginning  with  the 
first  day  of  August.     They  shall  be  appointed  from  dif- 
ferent political  parties  and  shall  serve  without  pay ;  and 
any  vacancy  occurring  in  their  number  shall  be  filled  by 
appointment  in  the  same  manner  for  the  remainder  of  the 
unexpired  term.     The  auditor  of  the  Commonwealth  shall 


478 


1890.  —  Chapter  436. 


Caucuses  and 
conventions 
which  are 
authorized  to 
make  nomiua- 
tions,  etc. 
1889,  413. 


Number  of  bal- 
lots to  be 
furnished  for 
each  voting 
place. 
1889,  413,  §  12. 


Certiflcates, 
records,  tac,  to 
be  preserved 
for  one  year. 
1889,  413. 


Time  within 
which  objec- 
tions and  with- 
drawals are  to 
be  made. 
1889,  413. 


Signatures  to 
be  made  in 
person. 


no  longer  act  in  the  consideration  of  such  objections  and 
questions. 

Section  6.  No  meetino-  not  called  and  held  on  behalf 
of  a  political  party  which  polled  at  least  three  per  centum 
of  the  entire  vote  cast  in  the  state  for  governor  at  the 
annual  election  next  preceding  shall  constitute  a  caucus, 
or  shall  be  authorized  to  make  a  nomination  or  to  choose 
delegates  to  a  nominating  convention,  under  the  provisions 
of  said  chapter  four  hundred  and  thirteen,  unless  qualified 
voters  of  the  electoral  district  or  division  for  which  it  is 
called  participate  and  vote  therein  to  the  number  of  twenty- 
five.  A  nomination  for  an  electoral  district  or  division 
other  than  a  representative  district,  if  such  district  or 
division  contains  more  than  one  town,  or  more  than  one 
ward  of  a  city,  shall  not  be  made  by  a  caucus,  but  every 
such  nomination  shall  be  made  either  by  a  convention  of 
delegates,  or  by  a  nomination  paper  as  provided  in  said 
chapter  four  hundred  and  thirteen.  Any  convention  of 
delegates  representing  a  political  i)arty  which  polled  at 
least  three  per  centum  of  the  entire  vote  cast  in  the  state 
for  governor  at  the  annual  election  next  preceding  may 
make  a  nomination  for  any  electoral  district  or  division  of 
the  state  for  which  it  is  held. 

Section  7.  It  shall  be  sufficient  hereafter  to  furnish 
in  each  set  of  ballots  to  be  provided,  under  the  provisions 
of  section  twelve  of  said  chapter  four  hundred  and  thirteen, 
for  each  voting  place  at  which  an  election  is  to  be  held,  a 
number  of  ballots  not  less  than  sixty  for  every  fifty  and 
fraction  of  fifty  voters  registered  as  in  said  section  set 
forth. 

Section  8.  In  all  cases  in  which  requirement  is  made 
by  the  provisions  of  said  chapter  four  hundred  and  thirteen 
that  certificates  of  nomination,  nomination  papers,  records 
of  ballots  furnished  and  receipts  therefor  shall  be  preserved, 
a  preservation  thereof  for  the  period  of  one  year  shall  be 
sufficient. 

Section  9.  Objections  to  certificates  of  nomination  and 
to  nomination  papers,  and  withdrawals  by  candidates  from 
nomination,  shall,  under  said  chapter  four  hundred  and 
thirteen,  be  made  within  the  seventy-two  hours  succeed- 
ing the  last  day  fixed  for  the  filing  of  such  nomination 
papers. 

Section  10.  All  signatures  required  under  said  chap- 
ter four  hundred  and  thirteen  shall  be  made  in  person. 


1890.  — Chapter  437.  479 

Section  1 1 .     The  secretary  of  the  Commonwealth  shall  ^^^p'J^l  "*^ 
fiirnisih  partial  ballots  for  the  use  of  voters  who  are  by  younginmore 
changes  in  city  or  town  boundaries  authorized  by  law  to  town. 
vote   for   members  of  congress,  councillors,  senators    or 
representatives  in  the  general   court  in   a  city  or  town 
other  than  the  one  in  which  they  reside.     In  addition  to 
the  official  endorsement,  there  shall  be  printed  on  such 
ballots  such  words  as  will  clearly  indicate  the  voters  for 
whose  use  such  ballots  are  furnished,  and  they  shall  be 
furnished  to  such  voters  only.     Approved  June  23,  1890. 


An  Act  relative  to  wagering  contracts  in  securities  and 
commodities. 


ChapAdl 


Be  it  enacted,  etc.,  as  Jolloios: 

Section  1.  In  this  act  securities  shall  mean  and  in-  "Securities" 
elude  all  evidences  of  debt  or  property  and  options  for  the  ues-'detiued. 
purchase  and  sale  thereof,  shares  in  any  corporation,  joint 
stock  company  or  association,  bonds,  coupons,  scrip, 
rights,  choses  in  action,  and  other  evidences  of  debt  or 
property  and  options  for  the  purchase  or  sale  thereof. 
And  commodities  shall  mean  and  include  ever\  thing  mova- 
ble that  is  bought  and  sold. 

Section  2.     "Whoever  contracts  to  buy  or  sell  upon  Buying  or  seii- 

■,.,  .  •■•  T,'  log  upon  mar- 

credit   or    upon    margin    any  securities    or    commodities,  gin,  etc..  with- 

having  at  the  time  of  contract  no  intention  to  perform  the  actul°iiy°' *° 
same  by  the  actual  receipt  or  delivery  of  the  securities  or  deliver,  etc. 
commodities,  and  payment  of  the  price,  or  w^hoever  em- 
ploys another  so  to  buy  and  sell  on  his  behalf,  may  sue 
for  and  recover  in  an  action  of  contract  from  the  other 
party  to  the  contract,  or  from  the  person  so  employed, 
any  payment  made  or  the  value  of  anything  delivered  : 
provided,  such  other  party  or  other  peison  so  employed 
had  reasonal^le  cause  to  believe  that  no  intention  to  actu- 
ally perform  existed. 

Section  3.     When  in  any  case  under  section  two  of  ^^®'J  P^''°PJ,'g*y 
this  act  the  money  or  property  paid  or  delivered  has  been  or  embezzled, 
stolen,  embezzled  or  fraudulently  or  wrongfully  used  by 
the  payor,  the  person  to  whom  such  money  or  property 
rightfully  belongs  shall  be  entitled  to  sue  for  and  recover 
the  same  in  an  action  of  contract  in  his  own  name. 

Section  4.     In  any  proceeding  under  this  act,  the  fact  Parties  jointly 
that  the  seller  or  the  person  employing  another  to  sell  in  uabiewheu 
his  behalf  did  not  own  the  securities  or  commodities  at  p''''*°" 


480  1890.  —  Chapter  438. 

own  securities,  \\^q.  time  of  the  conti'iict  of  sale  or  at  the  time  of  the  giv- 
contract'oT°  Ing  of  the  oi'dei'  to  sell,  and  the  fact  that  settlements  had 
sale,  etc.  ^^^^^_^  made  without  the  actual  delivery  and  receipt  of  the 

securities  and  commodities  bought  or  sold  or  ordered  to 
be  bought  or  sold,  shall  each  of  them  be  prima  facie 
evidence  against  both  contracting  parties  and  against  the 
•person  employed  by  either  of  the  contracting  parties  to 
make  such  contract  in  his  behalf  that  no  intention  origi- 
nally existed  to  actually  receive  and  deliver  the  subject  of 
the  contracts,  and  that  the  contracting  parties,  the  person 
employed  to  make  such  conti'acts  and  any  employee  of 
them  or  either  of  them  had  reasonable  cause  to  believe 
that  no  intention  to  actually  perfoim  existed;  and  the 
parties  liable  to  an  action  under  this  act  shall  be  jointly 
and  severally  liable.  Approved  June  23,  1890. 

ChClJ).4:3S    ^N    ACT    PaOVIDIXG    FOR    AN    APPEAL    FROM    THE    ORDERS    OF    THE 
INSPECTION   DEPARTMENT    OF   THE   DISTRICT  •POLICE. 

Be  it  enactecU  etc.,  as  folloics : 

t^hem^derTof  Sectiox  1.     Auy  pcrsoH  or  corporation  aggrieved  by 

the  inspection     tlic  ordcr,  requirement  or  direction  of  an  inspector,  given 

depailmeut  of  •    i  ^     i  i  i        i  i  £•      ^  •  i 

thedistiict        under  either  of  chapters  one  hundred  and  torty-nine,  three 

?88sri49, 316,      hundred  and  sixteen  or  four  hundred  and  twent^^-six  of 

^"®'  the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 

may  within  ten  days  from  the  day  of  the  service  thereof 

apply  for  an  injunction  against  the   enforcement  of  the 

same  to  a  justice  of  the  superior  court ;  and  thereupon, 

after    such    notice    as  the  said   justice    shall  order  to  all 

parties  interested,  a  hearing  may  be  had  before  some  justice 

of  said  court  at  such  early  and  convenient  time  and  place 

as  shall  be  tixed  by  said  order,  or  the  said  justice  may 

appoint  three  experts  to  examine  the  matter  and  hear  the 

parties,  which  experts  shall  be  disinterested  persons  and 

skilled  in  the  subject  matter  of  the  controversy;  and  the 

decision  of  said  court  or  the  majority  of  said  experts  in 

writing,  under  oath,  tiled  within  ten  days  from  the  date  of 

such  hearing  in  the  clerk's  office  of  said  court  in  the  county 

wherein  is  the  subject  of  the  controversy,  may  either  alter 

the    order,  requirement  or  direction    of  such    inspector, 

Decision  of        aunul  it  in  full  or  affirm  the  same.     A  duly  certified  copy 

peri's';°certi"ft.     of  Said  dccisiou,  so  tiled  as  aforesaid,  shall  have  the  same 

b? isss^M 2  authority,  force    and  efiect  as  the  original  order  of  the 

to  issue'.  inspector;  and  said  decision  shall  have  the  same  authority 

and  efi'ect  as  the  original  ordcr,  requirement  or  direction. 


1890.  —  Chapter  439.  '  481 

If  such  decision  shall  annul  or  alter  the  order,  requirement 
or  direction  of  the  inspector,  the  court  shall  also  enjoin 
the  said  inspector  from  enforcing  his  order,  requirement 
or  direction,  and  in  every  such  case  the  certificate  required 
by  section  two  of  chapter  four  hundred  and  twenty-six  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight 
shall  thereupon  be  issued  by  said  justice  or  by  his  order 
or  the  said  experts  appointed  by  said  justice. 

Section  2.     The  court  may  award  reasonable  compen-  compensaiiou 
sation  to  experts  appointed  under  the  provisions  of  this  "^"^^p^"*- 
act,  to  be  paid  by  the  county  in  which  lies  the  matter  in 
controversy,  providing  the  appeal  is  decided  against  the 
order  of  the  inspector;  and  to  be  paid  by  the  party  taking 
the  appeal  in  case  the  order  of  the  inspector  is  sustained. 

Section  3.     If  the  order,  requirement  or  direction  of  po^utobe 

.  .  'J  taxed  us  m  civil 

the  inspector  is  affirmed   by  the  court  or  experts,  costs  cases. 
shall  be  taxed  as  in  civil  cases  against  the  party  moving 
for  the  injunction,  such  costs  to  be  paid  into  the  treasury 
of  the  county  wherein  the  subject  matter  lies. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1890. 


ChapA39 


An  Act  to  regulate  the  incorpokation  of  clubs. 
Be  it  enacted,  etc.,  as  foUoios :  * 

Section  1.     Before  the  secretary  of  the  Commonwealth  fenrto  ml ^or"^^ 
shall  make  and  issue  the  certificates  provided  for  in  chap-  audaideimen 

•  or  sdtictiiiGu 

ter  one  hundred  and  fifteen  of  the  Pul)lic  Statutes,  relative  etc. 
to  the  incorporation  of  any  of  the  societies  named  in  sec- 
tion two  of  said  chapter,  he  shall  forward  a  statement  to 
the  selectmen  of  the  town  or  to  the  mayor  and  aldermen 
of  the  city,  except  in  the  city  of  Boston  to  the  board  of 
police,  in  the  town  or  city  in  which  such  society  is  to  have 
its  principal  office  or  rooms,  giving  a  list  of  the  names  of 
the    persons    who   have    asked    to    be    incorporated,    the 
purpose  of  the  organization  stated  by  the  applicants,  the 
location  proposed  to  be  occupied,  and  all  other  facts  which 
may  be    set   forth    in    the  application    for  incorporation. 
It  shall  be  the  duty  of  the  selectmen  or  mayor  and  alder-  Selectmen, 
men,  or  board  of  police  of  the  city  of  Boston,  receiving  delTOen^tc*!, to 
the  statement  descril)ed  above  from  the  secretary  of  the  f^ouV^Arl^on 
Commonwealth,  to   immediately  make    an    investigation,  the  facts  to  the 

..  '  .  "^  .  1  eecretarv  of  the 

inquiring  whether  any  of  the  proposed  incorporators  have  commoi. 
been  engaged  in  the  illegal  selling  of  intoxicating  liquors 


482 


1890.  —  Chapter  440. 


Certificate  of 
incorporation  . 
maj'  be  refused. 


Selectmen, 
mayor  and 
aldermen,  etc., 
to  notify  secre- 
tary of  the 
Commonwealth 
of  conviction  of 
members  of 
clubs,  etc. 


Charter  of  club 
to  be  declared 
void. 


Chap. 


or  in  keeping  places  or  tenements  used  for  the  purpose  of 
illegal  gaming,  or  whether  they  have  been  engaged  in  any 
other  business  or  vocation  prohibited  by  law  ;  and  the  said 
board  shall  forthwith  mtike  a  report  to  the  secretary  of 
the  Commonwealth,  setting  forth  all  the  facts  ascertained. 
If,  in  the  opinion  of  the  secretary  of  the  Commonwealth, 
it  shall  appear  from  the  report  of  said  board  that  the 
probable  purpose  of  the  formation  of  the  proposed  organi- 
zation is  to  cover  any  illegal  business,  then  the  secretary 
of  the  Commonwealth  shall  refuse  to  issue  his  certificate, 
and  the  organization  shall  not  be  incorporated. 

Section  2.  AVhenever  any  person  connected  with  any 
club  or  organization  hereafter  incorporated,  described  in 
section  two,  chapter  one  hundred  and  fifteen  of  the  Public 
Statutes,  is  convicted  of  exposing  and  keeping  for  sale  or 
of  selling  intoxicating  liquor  upon  the  premises  occupied 
by  said  club  or  organization,  or  of  illegal  gaming  upon 
said  premises,  the  selectmen  of  the  town  or  the  mayor 
and  aldermen  of  the  city,  except  in  the  city  of  Boston  the 
board  of  police,  within  the  town  or  city  where  such  club 
or  organization  is  situated  shall  immediately  notify  the 
secretary  of  the  Commonwealth,  and  he  shall  upon  receipt 
of  such  notice  declare  the  charter  of  said  club  void;  and 
the  secretary  of  the  Commonwealth  shall  publish  a  notice, 
in  at  least  one  newspaper  published  in  the  county  where 
said  club  or  organization  is  situated,  that  such  incorpora- 
tion is  void  and  of  no  further  effect. 

Approved  June  23,  1890. 


440  ^^  -^^"^  RELATING  TO  FEES  OF  SALARIED  OFFICERS,  TO  EXPENSES 
OF  CRIMINAL  CASES,  OF  INQUESTS  AND  OF  COMMITMENT  OF  THE 
INSANE. 


Salaried  oflBcers 
not  to  be  paid 
ees  except,  etc. 


Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  Except  as  specially  provided  in  this  act, 
no  officer  in  attendance  on  any  court,  and  no  sheriti", 
deputy  sheriff,  jailer,  constable,  city  marshal,  or  other 
police  officer  who  receives  a  salary  or  an  allowance  by  the 
day  or  hour  from  the  Commonwealth,  or  from  any  county, 
city  or  town  for  his  official  services,  shall  be  paid  any  fee 
or  extra  compensation  whatever  for  any  official  services 
rendered  or  performed  by  him  in  any  criminal  case  in 
which  the  Commonwealth  or  any  county,  city  or  town  is  a 
[xirty  interested  ;  nor  for  aid  or  assistance  rendered  to 
another  officer;  nor  for  testifying  as  a  witness  in  any  such 


1890.  —  Chapter  440.  483 

criminal  case,  during  the  time  for  which  he  receives  such 
sahuy  or  alh)\vance  ;  but  the  expenses  of  such  officers 
necessarily  and  actuall}^  incurred,  and  actually  disbursed 
by  such  officers,  in  a  criminal  case  tried  in  the  supreme 
judicial  or  superior  court,  shall  be  paid  by  the  county 
where  the  trial  is  had  ;  in  a  criminal  case  tried  in  any 
police,  district  or  municii)al  court,  said  expenses  shall  l)e 
paid  by  the  city  or  town  in  which  the  offence  was  com- 
mitted. 

Section  2.     The  fees  and  expenses  of  officers,  other  Paymentof  fees 

,,  ,,  ,     .  ^,  '■        .  ...  and  expenses  of 

than  those  named  in  section  one,  in  any  criminal  case  officers. 
tried  in  the  supreme  judicial  or  superior  court,  shall  be 
paid  by  the  county  where  the  trial  is  had  :  and  in  a  crimi- 
nal case  tried  in  any  police,  district  or  municipal  court, 
such  fees  and  expenses  shall  be  paid  by  the  city  or  town 
in  which  the  offence  was  committed.  In  cases  before  trial 
justices  such  fees  and  expenses,  if  not  paid  by  defendants, 
shall  be  paid  by  the  county  where  the  trial  is  had. 

Section  3.     Except  as  provided  in  this  and  the  follow-  costs  not  to  be 

•^  ,  ,"•  1      11   1        J  1  'J.  taxed  against 

ing  section,  no  costs,  by  that  name,  shall  be  taxed  against  defendant,  ex- 
a  defendant  in  any  criminal  proceeding  in  any  court  of  the  ^^p^'^'^- 
Commonwealth  ;  but  the  presiding  justice,  before  imposing 
a  fine  as  a  penalty  or  part  penalty  for  the  offence  com- 
mitted, shall  determine  what  have  been  the  reasonable 
and  actual  expenses  of  the  prosecution,  including  the  ser- 
vices of  officers  and  witnesses  and  for  the  detention  and 
support  of  the  defendant ;  and  may  impose  a  fine  which 
shall  include  the  whole  or  any  part  of  the  amount  of  the 
expenses  so  found  and  determined :  provided,  the  fine 
imposed  does  not  exceed  the  maximum  fine  prescribed  by 
law  for  the  offence  committed.  But  where,  under  existing 
law,  costs  may  be  imposed  in  addition  to  the  maximum 
fine,  and  the  presiding  justice  is  of  opinion  that  such  fine 
without  the  addition  of  costs  is  an  inadequate  penalty  for 
the  offence  committed,  he  may  impose  such  maximum 
fine,  and  in  addition  order  the  defendant  to  pay  the  whole 
or  any  part  of  the  expenses  determined  as  aforesaid. 

Section  4.     Where  under  any  provision  of  existing  law  Justice  to  deter- 

,p,,  iTi  T  J        r  I.        mine  amount  of 

a  deiendant  may  be  discharged  upon  payment  ot  costs,  costs  to  be  paid, 
and  where  costs  are  imposed  in  addition  to  imprisonment,  ^^''' 
the  presiding  justice  shall  determine  the  amount  of  such 
costs  and  order  payment  thereof  in   like  manner  as  ex- 
penses of  prosecution  are  determined  in  section  three  of 
this  act. 


484 


1890.  —  Chapter  440. 


Fines  to  be  jjaid 
over  to  treas- 
urers of  coun- 
ties, cities  or 
towns. 


Proviso. 


Payment  of 
witness  fees. 


Sectiox  5.  All  fines  imposed  in  the  superior  court, 
and  all  fines  paid  after  conimitnient,  shall  be  paid  over  to 
the  treasurer  of  the  county  in  which  the  trial  is  had,  as 
now  provided  by  law  ;  or  in  Suffolk  county,  to  the  col- 
lector of  the  city  of  Boston  ;  and  all  fines  or  forfeitures 
imposed  and  paid  in  any  district,  police  or  municipal 
court  shall,  where  no  other  provision  is  made  by  law,  be 
paid  to  the  city  or  town  in  which  the  oftence  w:is  com- 
mitted :  pj'ovided,  that  where  the  whole  or  any  part  of  a 
fine  is  made  by  law  payable  to  any  complainant  or  inform- 
ant, or  to  any  person  or  corporation  as  a  beneficiary,  the 
court  or  magistrate  may  apportion  said  tine  and  may  order 
such  portion,  not  exceeding  one-half  of  said  fine,  as  may 
seem  just  and  equitable,  to  be  paid  (o  such  complainant, 
informant  or  other  beneficiary,  and  the  remainder  shall  be 
paid  to  the  county,  city  or  town,  as  the  court  shall  order. 

Sectiox  6.  Witness  fees  to  all  persons,  excepting 
those  mentioned  in  sections  one  and  nine  of  this  act,  shall 
be  paid  as  now  provided  by  law  in  the  supreme  judicial 
and  superior  courts  ;  and  in  district,  police  and  municipal 
courts,  out  of  any  funds  paid  into  the  court  and  returnable 
to  the  county,  excepting  naturalization  fees.  Clerks,  and 
justices  of  courts  having  no  clerks,  who  do  not  have  in 
their  hands  and  returnable  to  counties  funds  sufficient  to 
[)ay  witnesses  as  herein  provided,  may  make  written 
requisition  upon  the  county  treasurer  for  the  same  ;  and 
thereupon  the  treasurer  shall  pay  to  said  clerks  or  justices 
not  exceeding  one  hundred  dollars  in  any  one  month,  for 
which  said  clerks  and  justices  shall  account  in  their  regular 
settlements  with  county  treasurers  and  for  which  they 
shall  be  liable  upon  their  official  bonds.  Any  officer 
named  in  said  section  one,  when  attending  as  a  witness  at 
a  place  other  than  his  place  of  residence,  shall  be  allowed 
per  day  in  lieu  of  expenses  the  witness  fee  in  the  court  or 
before  the  trial  justice  where  the  witness  testifies,  and 
such  fee  shall  be  paid  like  other  Avitness  fees.  And  any 
l)olice  officer  on  duty  at  m'ght  who  attends  any  sitting  of 
the  superior  court  as  a  witness  for  the  CommonW'Calth 
shall  be  entitled  to  and  paid  the  same  fees  as  other  wMt- 
nesses  ;  and  any  police  ofiicer  who  is  a  wntness  for  the 
Commonwealth,  and  who  under  the  direction  of  the  dis- 
trict-attorney aids  in  securing  the  attendance  of  other 
witnesses,  may  receive,  in  lieu  of  expenses,  the  witness 
fee    for   one    day's   attendance ;    and    police    officers    are 


1890.  —  Chapter  440.  485 

authorized  and  required  to  serve  subpoenas  upon  witnesses 
when  recpiested  liy  tlie  district-attorney,  and  their  returns 
of  service  shall  have  the  same  force  and  effect  as  the  return 
of  a  deputy  sheriff  or  constable. 

Sectiox  7.     Deputy  sherills  and  other  otiicprs  attend-  ^f™!-;"^",'^ 
ing  the  sittings  of  the  supreme  iudicial  court  in  a  capital  attending 

P,  .,®  .  r-  ••ii-  I         court,  etc. 

trial,  or  in  the  superior  court  tor  criminal  l)usiness,  who  p.  s.ieg,  §30. 
shall  serve  any  subpoena  or  capias  at  any  time  between 
the  daily  sittings  of  said  courts,  may  receive  such  extra 
compensation  as  the  attorney-general  in  the  supreme 
judicial  court,  and  the  district-attorney  in  the  superior 
court,  may  allow.  Any  officer  named  in  sections  one  and 
two  of  this  act  may  apply  for  extra  compensation  under 
the  provisions  of  section  thirty  of  chapter  one  hundred 
ninety-nine  of  the  Public  Statutes.  For  any  extra  service 
performed,  all  officers  shall  make  return,  under  oath,  of 
the  time  actually  consumed  and  of  all  expenses  actually 
incurred  and  disbursed  in  performing  such  extra 
service. 

Section  8.     In  police,   district  and   municipal  courts  Fees  and  ex. 
the  expenses  of  all  officers  named  in  section  one,  and  the  paidTt'theeuci 
fees  and  expenses  of  all  other  officers,  shall  be  paid  at  the  "L-hcasL"."'^ 
end  of  the  trial  of  the  case  in  which  such  fees  and  expenses 
accrued,  provided  there  be  in  the  hands  of  the  clerks,  and 
justices  of  courts  having  no  clerks,  sufficient  funds  pay- 
able to  the  city  or  town  made  by  this  act  liable  for  the 
payment  of  such  fees  and  expenses.     All  fees  and  expenses 
not  so  paid  shall  be  certified  at  the  end  of  each  month  to 
the  treasurer  of  the  city  or  town  liable  therefor,  and  such 
treasurer    shall    pay  the    same    to    the    parties    entitled 
thereto. 

Section  9.     The  officers  mentioned  in  section  one  shall  certain  officers 

P  .  i  •  i-  ■  and  vvitnosees 

receive  no  tee  nor  extra  compensation  tor  services  or  as  uotiobepasd 
witnesses  at  any  autopsy  or  inquest,  medical  or  tire,  nor  affnq°[eHis)ac! 
in  proceedings    for  commitment    of  insane    persons,  but  i^- s- -e,  §  13. 
their  expenses   shall  be    paid  as   now  provided  by   law. 
AVhen  it  appears  in  an  inquest  held  under  the  provisions  of 
section  thirteen  of  chapter  twenty-six  of  the  Pnl)lic  Stat- 
utes   that    witnesses    summoned    by    the    magistrate   or 
district-attorney  are  in  the  employ  of  the  railroad  com- 
pany   upon  whose    railroad  the    accident   under   investi- 
gation   occurred,    witness    fees    may    be    refused    in    the 
discretion  of  the    magistrate.     No  witness    fees   shall  be 
paid  to  railroad  police,  but  any  court  or  trial  justice  may 


486 


1890.  — Chapter  441. 


■When  appeals 
are  taken,  etc., 
record  of  pro- 
ceedings to  con- 
tain details  of 
fees  and 
expenses. 


Reasonable  ex- 
penses of  coil  its 
to  be  paid  by 
counties. 


Penalty. 


Justice  may 
refuse  to  allow 
fees  to  com- 
plainant. 


Not  to  affect 
proceeding 
pending,  etc. 


Repeal. 


To  talje  effect 
Oct.  1,  1S90. 


allow  such  police  their  necessary  expenses  for  attendance 
upon  any  trial  as  witnesses  for  the  Commonwealth. 

Section  10.  In  all  cases  where  appeals  are  taken  from 
a  district,  police  or  municipal  court,  or  a  defendant  is  held 
to  appear  before  the  snmd  jury,  the  copies  and  record  of 
proceedings  sent  to  the  superior  court  shall  contain  the 
details  of  all  fees  and  expenses  allowed  or  paid  in  the 
inferior  court. 

Section  1 1 .  The  reasonable  expenses  of  police,  district 
and  municipal  courts  for  rent  and  care  of  court  rooms,  fuel, 
record  books,  blanks  and  stationery,  and  other  expenses 
incidental  to  maintaining  such  courts,  shall  be  certified  by 
the  justices  thereof  quarterly,  and  transmitted  directly  to 
the  county  commissioners  who  shall  audit  the  same  and 
order  payment  thereof  to  the  parties  entitled  thereto,  like 
other  demands  against  the  county. 

Section  12.  Whoever  receives  any  witness  fee  or 
extra  compensation  for  services  contrary  to  the  true  intent 
and  meaning  of  sections  one  and  nine  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars. 

Section  13.  In  all  criminal  cases,  if  the  justice  or 
magistrate  deems  the  complaint  unfounded,  frivolous  or 
malicious,  said  justice  or  magistrate  may  refuse  to  allow 
any  fees  to  the  person  or  persons  making  such  complaint. 

Section  14.  This  act  shall  not  affect  any  proceeding- 
pending  nor  any  offence  committed  prior  to  its  taking 
effect,  nor  the  fees  of  trial  justices. 

Section  15.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 

Section  1H.  This  act  shall  take  effect  on  the  first  day 
of  October  in  the   year  eighteen    hundred    and    ninet3^ 

Approved  June  23,  1890. 


Chan.4:4:li  ^^  -^^T  in  addition   to   THE  ACTS  TO   PREVENT  THE  POLLUTION  OF 

SOURCES  OF  WATER  SUPPLY. 


Supervision  of 
sources  of  water 
supply. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  board  of  health  shall  have  the 
general  supervision  of  all  streams  and  ponds  used  by  a 
city  or  town  as  sources  of  water  supply,  with  reference  to 
thcii-  purity,  together  with  all  springs,  streams  and  water- 
courses tributary  thereto ;  and  shall  have  authority  to 
examine  the  same  from  time  to  time  and  inquire  what  pol- 
lutions exist  and  what  are  their  causes. 


1890.  —  CH.VPTEK  UL  487 

Sectiox  2.  Whenever  the  mayor  of  a  city  or  the  upon  compiaii.t 
selectmen  ot  a  town,  usmg  a  stream  or  pond  as  a  source  state  board  of 
of  water  supply,  comphiins  to  said  state  board  of  health  hib,[ poniuion', ' 
that  manure,  excrement,  garbage,  sewage  or  any  other  '^'^''• 
matter  is  so  deposited,  kept  or  discharged  within  one  hun- 
dred feet  of  the  high  w^ater  mark  of  any  such  stream  or 
pond,  or  any  stream,  pond,  spring  or  water-course  tribu- 
tary thereto,  as  to  pollute  or  tend  to  pollute  the  waters  of 
such  stream,  pond,  spring  or  water-course,  the  said  board 
of  health  shall  appoint  a  time  and  place  for  hearing  parties 
to  be  aifected,  and  give  due  notice  thereof  to  such  parties  ; 
and  after  such  hearing,  if  in  its  judgment  the  public  health 
requires  it,  may  prohibit  the  deposit,  keeping  or  discharge 
of  any  such  material  as  aforesaid,  and  may  order  any  per- 
son to  desist  therefrom  and  to  remove  any  such  material 
theretofore  deposited  ;  but  shall  not  prohibit  the  use  of 
any  structure  as  was  customary  at  the  time  of  the  passage 
of  this  act,  unless  the  mayor  of  the  city  or  the  selectmen 
of  the  town  making  the  complaint  shall  file  with  said  state 
board  of  health  an  agreement  in  Avriting  that  such  city  or 
town  shall  at  its  own  expense  make  such  changes  in  said 
structure  or  its  location  as  said  board  shall  deem  expedi- 
ent, and  such  agreement  shall  be  binding  on  such  city  or 
town  ;  and  when  such  changes  have  been  made  all  damages  Damages, 
occasioned  thereby  shall  be  paid  by  such  city  or  town  ; 
and  if  the  parties  cannot  agree  thereon,  such  damages  shall 
be  determined  by  a  jury  on  petition  of  either  party  filed 
in  the  clerk's  office  of  the  superior  court,  in  the  manner 
provided  by  law  in  relation  to  determining  the  damages 
occasioned  by  taking  land  for  highways  in  such  city  or 
town  ;  said  board  shall  not  prohibit  the  cultivation  and 
use  of  the  soil  in  the  ordinary  methods  of  husbandry,  pro- 
vided no  human  excrement  be  used  thereon. 

Section  3.  Any  person  aggrieved  by  an  order  passed  a°ilru."ed  may 
under  this  act  may  appeal  therefrom;  and  if  he  shall,  apply  for  a  jmy. 
within  ten  days  from  the  service  of  such  order  upon  him, 
file  a  petition  in  the  clerk's  ofiice  of  the  superior  court  in 
the  county  where  the  premises  are  located,  with  reference 
to  which  such  order  is  made,  for  a  jury,  a  trial  may,  after 
such  notice  as  the  court  shall  order  to  the  said  board  of 
health  and  the  mayor  of  the  city  or  the  chairman  of  the 
selectmen  of  a  town  interested  in  such  order,  be  had  at 
the  bar  of  the  court  in  the  same  manner  as  other  civil  cases 
are  tried  by  jury.     If  a  person  by  mistake  of  law  or  fact 


488 


1890.  —  Chapter  441. 


r>tiring  pen- 
deucy  of  appeal 
o icier  to  be  com- 
plied with. 


lujunction  maj- 
ifeue  to  enforce 
the  orders  of 
t)ie  state  board 
«f  health. 


Penalty. 


Not  to  impair 
or  repeal  exist- 
ing provisions 
of  law,  etc. 


Hearing  to  be 
had  when  pollu. 
tion  exists. 


or  by  accident  fails  to  appeal  from  any  such  order  and  to 
file  his  petition  for  a  jury  within  ten  days,  and  if  he 
makes  it  appear  to  the  court  or  justice  that  such  failure 
was  caused  by  mistake  or  accident  and  that  he  has  not 
since  the  service  of  such  order  upon  him  violated  such 
order,  he  may  at  any  time  within  thirty  days  from  the  ser- 
vice of  the  order  upon  him  appeal  therefrom  and  file  his 
petition  for  a  jury  with  the  same  effect  as  if  done  within 
the  said  ten  days.  During  the  pendency  of  the  appeal 
the  order  of  the  said  board  of  health  shall  be  complied 
with  unless  otherwise  authorized  by  said  board  after 
the  appeal.  The  verdict  of  the  jury,  which  may  either 
alter  the  order  or  affirm  or  annul  it  in  full,  when  accepted 
b}'-  the  court  shall  have  the  authority  and  effect  of  and 
may  be  enforced  in  the  same  way  as  an  original  order 
from  which  no  appeal  had  been  taken. 

Section  4,  Any  court  having  equit}^  jurisdiction  may, 
in  term  time  or  vacation,  on  the  application  of  said  state 
board  of  health  or  of  any  party  interested,  by  any  suitable 
process  or  decree  in  equity,  enforce  by  injunction  or 
otherwise  such  orders  of  said  board  of  health  or  of  said 
court;  and  may  at  the  same  time  issue  an  injunction  to 
restrain,  until  the  orders  of  said  board  have  been  complied 
with,  the  use  or  occupation  of  the  premises  within  said 
distance  of  one  hundred  feet  on  which  the  said  material 
is  deposited  or  kept^. 

Section  5.  Whoever  deposits,  keeps  or  discharges 
on  his  premises  any  material  in  violation  of  such  order 
of  prohibition,  after  the  same  has  been  served  upon 
him  as  aforesaid,  shall  forfeit  a  sum  not  exceeding  ten 
dollars  for  each  and  every  day  until  such  order  is  com- 
plied with. 

Section  6.  This  act  shall  not  be  construed  to  impair 
or  repeal  any  existing  provision  of  law  in  regard  to  the 
pollution  of  springs,  streams,  ponds  or  water-courses,  or  the 
prevention  of  such  pollution,  or  the  powers  and  jurisdic- 
tion of  any  court  relating  to  the  prevention  of  such  pol- 
lution ;  nor  shall  it  be  applicable  to  the  Merrimac  or 
Connecticut  rivers,  nor  to  so  much  of  the  Concord  river 
as  lies  within  the  limits  of  the  city  of  Lowell. 

Section  7.  All  hearings  granted  in  accordance  with 
the  provisions  of  this  act  shall  be  held  in  the  cit}"  or  town 
in  which    the  nuisance  or  pollution  is  alleged    to  exist. 

Approved  June  23,  1890. 


ISOO.  —  Chapter  442. 


489 


0/^^9.442 


Ax  Act  to  atpoktion  and  asskss  a  state  tax  of  one  million 

SEVEN   HUNDKED   AND   FIFTY   THOUSAND   DOLLARS. 

Be  U  enacted^  etc.,  as  follows  : 

Section  1.     Each  city  and  town  in  this  Commonwealth  state  tax  of 
shall  be  assessed  and  pay  the  several  sums  with  which  they  apportioned  and 
stand  respectively  charged  in  the  following  schedule,  that  ''^^''^^'''^■ 
is  to  sav  :  — 

BARXSTABLE    county.  Barnstable 

county. 


Barnstable, 

Twenty-eight    hundred     seventeen 

dollars  and  fifty  cents. 

$2,817  50 

Bourne, 

Nine  hundred  and  forty-five  dollars, 

945  00 

Brewster,   . 

Four  hundi'ed  and  ninety  dollars,     . 

490  00 

Chatham,    . 

Six  hundred  eighty-two  dollars  and 

fifty  cents,      ..... 

G82  50 

Dennis, 

Thirteen    hundred    twelve    dollars 

and  fifty  cents,       .... 

1,312  50 

Eastham,    . 

Two  huntlred  twenty-seven  dollars 

and  fifty  cents,       .... 

227  50 

Falmouth,  . 

Thirty-nine  himdred  two  dollars  and 

fifty  cents, 

3,902  50 

Harwich,    . 

Nine  hundred  and  eighty  dollars,     . 

980  00 

Mashpee,    . 

One    hundred    twenty-two    dollars 

and  fifty  cents,      .'       . 

122  50 

Orleans, 

Five  hundred  forty-two  dollars  and 

fifty  cents, 

542  50 

Provincetown,    . 

Nineteen  hundred  seven  dollars  and 

fifty  cents, 

1,907  50 

Sandwich,  . 

Eight   hundred    fifty-seven   dollars 

and  fifty  cents,       .... 

857  50 

Triu'o, 

Two  hundred  and  eighty  dollars,     . 

280  00 

Wellfleet,  . 

Six  hundred  twelve  dollars  and  fifty 

cents, 

612  50 

Yanrouth, . 

Twelve    hundred     and    ninety-five 

dollars, 

1,295  00 

fl6,975  00 

BERKSHIRE   COUNTY. 


Adams, 
Alford,       . 

Thirty-three  hundred  seventy-seven 

dollars  and  fifty  cents,  . 
Two  hundred  and  forty-five  dollars. 

$3,377  50 
245  00 

Beeket, 

Three  hundred  and  eighty-five  dol- 
lars, 

385  00 

Berkshire 
county. 


490 


Berkshire 
county. 


1890.  —  Chapter  442. 

BERKSHIRE   COUNTY  — Continued. 


Cheshife,    . 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great  Barriugton, 

Hancock,    . 

Hinsdale,    . 

Laiiesboroiigh, 

Lee,    . 

Lenox, 

Monterey,  . 

Mt.  Washington 

New  Ashford, 

New   Marlboro' 

North  Adanis, 

Otis,   . 

Pern,  . 

Pittstield,    . 

Richmond, . 

Sandisfield, 

Savoy, 

Sheffield,    . 

Stockbridge, 

Tyringham, 

^^'ashington, 


Six  hundred  eighty-two  dollars  and 
fifty  cents,      .... 

One  hundred  ninety -two  dollars  and 
fifty  cents,      .... 

Seventeen  hundred  thirty-two  dol- 
lars and  fifty  cents. 

Three  hundred  and  eighty-five  dol- 
lars,       ..... 

One  hundred  and  seventy -five  dol- 
lars,         

Twenty-eight  hundr  d  seventeen 
dollars  and  fifty  cents, 

Three  hundred  and  fifty  dollars, 

Six  hiuidred  and  sixty-five  dollars, 

Five  hundred  seven  dollars  and 
fifty  cents,      .         .         ... 

Twenty-one  hundred  fifty-two  dol- 
lars and  fifty  cents. 

Two  thousand  and  sixty-five  dol- 
lars,       ..... 

Two  hundred  and  ten  dollars,  . 

Seventy  dollars, 
Sevent}-  dollars, 
Five  hundred  and  sixty  dollars. 

Fifty-one  hundred  ninety-seven  dol- 
lars and  fifty  cents. 

One  hundred  ninety-two  dollars  and 
fifty  cents 

One  hundred  and  five  dollars, . 

Eighty-eight    hundred   thirty-seven 

dollars  and  fifty  cents. 
Four   hundred   thirty-seven  dollars 

and  fifty  cents, 
Th  ree  hund  red  thirty-two  dollai'S  and 

fifty  cents,      .... 
One  hundred  fifty-seven  dollars  and 

fifty  cents 

Eight  hundred  and  forty  dollars, 

Twenty-five    hundred    seventy-two 

dollars  and  fifty  cents.  . 
Two  hundred  and  ten  dollars,  . 

One  hundred  and  seventy-five  dol- 
lars,         


1890.  —  Chapter  442. 


491 


BERKSHIRE  COUNTY— Concluded 


'W.  StOL-kbridgo. 
^^'illianlsto\vn,  , 
Windsor,    . 


Six  Inindred  twelve  dollars  and  fifty 
cents,      ..... 

Sixteen  hundred   ninety-seven  dol 
lars  and  fifty  cents, 

One  hundred  ninety-two  dollars  and 
fiftv  cents,      .... 


Berkshire 
couuiy. 


1612  50 

1,697  50 

192  50 


$38,202  50 


BRISTOL   COUNTY. 


Bristol  couuty. 


Acushnet,  . 

Five  hundred  seventy-seven  dolhirs 

and  fifty  cents,       .... 

$577  50 

Attleboroug-h,     . 

Thirty-three  hundred  seventy-seven 

dollars  and  fifty  cents,  . 

3,377  50 

Berkley,     . 

Four  hundred  two  dollais  and  fifty 

cents,      ...... 

402  50 

Dartmouth, 

Eighteen  hundred  seventy-two  dol- 

lars and  fifty  cents. 

1,872  50 

Dighton,     . 

Seven    hundred    seventeen    dollars 

and  fifty  cents 

717  50 

Easton, 

Thirty-seven  hundred  and  forty-five 

dollars, 

3,745  00 

Jairhaven,. 

Fourteen  hundred  fifty-two  dollars 

and  fifty  cents,       .... 

1,452  50 

Fall  River, 

Thirty-nine  thousand  one  hundred 

and  thirty  dollars. 

39,130  00 

Freetown,  . 

Eight  hundred  and  five  dollars, 

805  00 

IMansfield,  . 

Twelve    hundred    and    twenty-five 

dollars,  ...... 

1,225  00 

New  Bedford,    . 

Thirty  thousand  three  hundred  sixty- 

two  dollars  and  fifty  cents,   . 

30,362  50 

X.  Attleborough, 

Thirty-one  hundred  sixty-seven  dol- 

lars and  fifty  cents, 

3,167  50 

Xorton, 

Seven    hundred    seventeen    dollars 

and  fifty  cents,       .... 

717  50 

Raynhani,  . 

Eight  hundred  and  five  dollars. 

805  00 

Rehoboth,  . 

Six  hundred  forty-seven  dollars  and 

fifty  cents,      .... 

617  50 

Seekonk,     . 

Six  hundred  eighty-two  dollars  and 

fifty  cents, 

682  50 

Somerset,  . 

Nine  hundred  sixty-two  dollars  and 

fifty  cents, 

962  50 

Swanzey,    . 

Six  hundred  and  sixty-five  dollars,  . 

665  00 

Taunton,    . 

Fifteen  thousand  four  hundred  dol- 

lars,       ...... 

15,400  00 

Westport,  . 

Twelve    hundred    and    twenty-five 

dollars, 

1,225  00 

1107,940  00 

492 


Dukes  county. 


Essex  county. 


Amesbury, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown 

Gloucester, 

Grovel  and, 

Hamilton, 

Haverhill, 

Ipswich, 

Lawrence, 

Lynn, 


1890.  —  Chapter  442. 
dukes  county. 


Chilmark,  . 

Two  hundred  and  ten  dollars, . 

$210  00 

Cottage  City, 

Eleven  hundred  and  twenty  dollars. 

1,120  00 

Edgartown, 

Six  hundred  and  sixty-five  dollars, . 

665  00 

Gay  Head, . 

Seventeen  dollars  and  fifty  cents,     . 

17  50 

Gosnold,     . 
Tisbury,     . 

One  hundred  fifty-seven  dollai's  and 
fifty  cents, 

Seven  hundred  and  thirty-five  dol- 
lars,         

157  50 
735  00 

12,905  00 

ESSEX   COUNTY. 


Thirty-six  hundred  and  forty  dollars, 

Five  thousand  ninety -two  dollars 
and  fifty  cents,       .         .         .         . 

Twelve  thousand  three  hundred 
sevent3-two  dollars  and  fifty 
cents, 

Five  hundred  and  sixty  dollars. 

Fifteen  hundred  and  forty  dollars,  . 

Thirty-four  hundred  twelve  dollars 

and  fifty  cents,       .         .         .         . 
Plight   hundred    twentj'-two  dollars 

and  fifty  cents,       .         .         .         . 
Eight  hundred    ninety-two    dollars 

and  fifty  cents.       .         .         .         . 
l^leven  thousand  four  hundred  and 

eighty  dollars,        .         .         . 
Eight  hundred  and  five  dollars. 

Seven  hundred  and  seventy  dollars, 

Fourteen    thousand     five    hundred 

forty-two  dollars  and  fifty  cents,  . 

Two  thousand  and  thirty  dollars,     . 

Twenty-four  thousand  four  hun- 
dred eigiitj'-two  dollars  and  fifty 
cents,      ...... 

Twenty-eight  thousand  eight  hun- 
dred fifty-seven  dollars  and  fifty 
cents 


1890.  — Chapter  442. 


493 


ESSEX  COUNTY  — Concluded. 

Essex  county 

Lynntield,  . 

Four  hundred   seventy-two   dollars 

and  lifty  cents,       .... 

$472 

50 

Manchester, 

Sixty-two'  hundred   twelve   dollars 

and  fifty  cents 

6,212 

50 

Marblchead,       . 

Thirty-nine  hundred  and  ninety  dol- 

lars,         

3,990  00 

]\Iernmae,  . 

Twelve  hundred  seven  dollars  and 

fifty  cents,      ..... 

1,207 

50 

Metluieu,    . 

Twenty-six   hundred   seven  dollars 

and  fifty  cents, 

2,G07 

50 

Middleton, 

Four   hundred  seventy-two    dollars 

and  fifty  cents 

472 

50 

Xahant, 

Forty-nine   hundred  seventeen  dol- 

lars and  fifty  cents, 

4,917 

50 

Newbun-,  . 

Xine  hundred" sixty-two  dollars  and 

fifty  cents,               .... 

962 

50 

Newlnu-ypoi't,    . 

Seventy-nine   hundred   and    eighty 

dollars 

7,980 

00 

Nortli    Andover, 

Twenty-six   hundred  seven   dollars 

and  fifty  cents 

2,607 

50 

Peaboily,     . 

Sixty-three  hundred  dollars,     . 

6,300 

00 

Kockport,  . 

Eighteen  hundred  and  fifty-five  dol- 

lars,         

1,855 

00 

Rowley, 

Five  hundred  and  twentv-five  dol- 

lars,     ...:.. 

525 

00 

Salem, 

Twenty-thi-ee   thousand  eight  hun- 
dred*^  fifty-two   dollars   and    fifty 

cents, 

23,852 

50 

Salisbury,  , 

Four  hundred  and  ninety  dollars,     . 

490 

00 

Saugus, 

Nineteen   hundred   and    ninety-five 

dollars, 

1,995 

00 

Swampscott, 

Thirty-nine    hundred    two    dollars 

and  fifty  cents,      .... 

3,902 

50 

Topsfield,  . 

Eight  hundred   ninety-two    dollars 

and  fifty  cents,      .... 

892 

50 

AVenham,   . 

Four  hundred   seventy-two   dollars 

and  fifty  cents,       .... 

472 

50 

West  Xewbury, 

Eight   hundred   ninety-two    dollars 

and  fifty'  cents,        .... 

892 

50 

$183,907 

50 

FRANKLIN   COUNTY. 

Franklin 
county. 

Ashfield,  ". 

Four  hundred  and  twenty  dollars,   . 

$420  00 

Bernardston, 

Four  hundred  two  dollars  and  fifty 

cents, 

402 

50 

491 


Franklin 
county. 


1890.— Chapter  442. 

FRANKLIN   COUNTY  —  Coxci.uded. 


Buckland,  . 

Four  hundred  and  ninety  dollars,     . 

$490  00 

Charlemont, 

Three  hundred  and  fifteen  dollars,  . 

315  00 

Col  rain, 

Five  hundred  seven  dollars  and  fifty 

cents,      ...... 

507  50 

Conway, 

Seven  hundred  dollars, 

700  00 

Decrlield,   . 

Eleven  hundred  and  twenty  dollars. 

1,120  00 

Erving, 

Three  hundred  and  fifteen  dollars,  . 

315  00 

Gill,    . 

Three  hundred  and  eighty-five  dol- 

lars,         

385  00 

Greenfield, 

Forty-three  hundred  ninety-two  dol- 

lars and  fifty  cents, 

4,392  50 

liawley, 

One  hundred  and  forty  dollars. 

140  00 

Heath, 

One  hundred  fifty-seven  dollars  and 

fifty  cents, 

157  50 

Leverett,    . 

Two  hundred  sixty-two  dollars  and 

fifty  cents,      ..... 

262  50 

Leyden, 

One  hundred  fifty-seven  dollars  and 

fifty  cents,      ..... 

157  50 

Monroe, 

Sevent}^  dollars,         .... 

70  00 

Montague, . 

Twenty-seven  hundred   and   sixty- 

five  dollars,    ..... 

2,765  00 

New  Salem, 

Two  hundred  sixty-two  dollars  and 

fifty  cents, 

262  50 

Northfield, . 

Seven  hundred  dollars,     . 

700  00 

Orange, 

Nineteen  hundred  and  sixty  dollars. 

1,960  00 

Rowe, 

One  hundred  ninety -two  dollars  and 

fifty  cents 

192  50 

Shelburne, . 

Seven  hundred  eighty-seven  dollars 

and  fifty  cents,       .... 

787  50 

Shutesbury, 

One  hundred  and  forty  dollars, 

140  00 

Sunderland, 

Three  hundred  sixty-seven  dollars 

and  fifty  cents,       .  *       . 

367  50 

Warwick,  . 

Two  hundred  sixty-two  dollars  and 

fifty  cents, 

262  50 

Wendell,    . 

One  hundred  and  seventy-five  dol- 

lars,       ...... 

175  00 

Whately,    . 

Four  hundred  two  dollars  and  fifty 

cents, 

402  50 

$17,850  00 

1890.  — Chapter  442. 
iiampdex  county. 


495 


Agawam,   . 

Blandl'ord,. 

Brinifield,  . 

Chester,      . 

Chieoiiee,   . 

Granville,  . 

Harajideu,  . 

Holland,     . 

Holj-oke,    . 

Longraeadow, 

Ludlow, 

Monson, 

Montgornery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland,     . 

Wales, 

West  Sjiringfield, 

Westfield,  . 

Wilbraham, 


HAMPSHIRE   COUNTY. 


Amherst, 


Twenty-six    hundred    and   twenty- 
five  dollars,   .... 


ITampdcn 
couuiy. 


332  50 

437 

50 

577 

50 

5,320 

00 

332 
350 

50 
00 

87 

50 

16,607 
1,120 

50 
00 

700  00 


Ten  hundred  and  eighty-five  dollars,  I       $1,085  00 


Three  hundred  thirty-two  dollars  ' 
and  fifty  cents, 

Four  hundretl  thirty-seven  dollars 
and  fifty  cents, 

Five  hundi-ed  seventy-seven  dollars 
and  fifty  cents. 

Fifty  three  hundred  and  twenty  dol- 
lars,       ...... 

Three  hundred  thirty-two  dollars 
and  fifty  eents,       .... 

Three  hundred  and  fift\'  dollars, 

Eighty-seven  dollars  and  fifty  cents. 

Sixteen  thousand  six  hundred  seven 

dollars  and  fift}'  cents,  . 
Eleven  hundred  and  twenty  dollars. 

Seven  hundred  dollars,     . 

Fifteen  hundred  twenty-two  dollars 

and  fifty  cents,       .... 
One    hundred    tAventy-two    dollars 

and  fifty  cents,       .... 
Twenty-three  hundred  twenty-seven 

dollars  and  fifty  cents,  . 
Three  hundred  sixtj'-seven   dollars 

and  fifty  cents,       .... 
Four  hundred  and  ninety  dollai'S,     . 

Thirty-six  thousand  sixty-seven  dol- 
lars and  fifty  cents, 
One  hundred  and  forty  dollars, 

Two  hundred  sixty-two  dollars  and 
fifty  cents, 

Three  tliousand  twenty-sev&n  dol- 
lars and  fifty  cents. 

Fifty-nine  hundred  sixty-seven  dol- 
lars and  fifty  cents. 

Five  hundred  seventy-seven  dollars 
and  fifty  cents,       .        .        .        . 


1,522 

50 

122 

50 

2,327 

50 

367 
490 

50 
00 

36,067 
140 

50 
00 

262 

50 

3,027 

50 

5,967 

50 

577 

50 

$77,822 

50 

Hampshire 
county. 

52,625  00 


496 


Hampshire 
county. 


Middlesex 
countj'. 


1890.  —  CiiArTER  442. 

HAMPSHIRE   COUNTY  —  Coxcluded. 


Belchertown, 

Seven  hundred  fifty-two  dollars  and 

fifty  cents, 

$752  50 

Chesterfield, 

Two  hundred  sixty-two  dollars  and 

fifty  cents 

2G2  50 

Cumraino:ton,     . 

Two  hundred  and  eighty  dollai's,     . 

280  00 

Easthampton,     . 

Twenty-one  hundred  and  thirty-five 

dolhirs, 

2,135  00 

EnfieUl,       . 

Seven  hundred  dollars,     . 

700  00 

Goshen, 

One    hundred    twenty-two    dollars 

and  fifty  cents,       .... 

122  50 

Granby,      . 

Four  hundred  and  twenty  dollars,    , 

420  00 

Gveenwich, 

Two  hundred  ninety-seven  dollars 

and  fifty  cents,       .... 

297  50 

Haclley, 

Nine  hundred  and  ten  dolhirs, 

910  00 

Hatfield,     . 

Eight  hundred  and  forty  dollars. 

840  00 

Huntington, 

Four  hundred   thirty-seven  dollars 

and  fifty  cents,       .... 

437  50 

IMiddlefield, 

Two  hundred  and  fortj'-five  dollars. 

245  00 

Northampton,     . 

Eighty-one  hundred  two  dollars  and 

fifty  cents 

8,102  50 

Pelham, 

One  hundred  and  forty  dollars. 

140  00 

Plainfield,  . 

One  hundred  and  forty  dollars. 

140  00 

Prescott,     . 

One  hundred  fifty-seven  dollars  and 

fifty  cents, 

157  50 

South  Hadley,    . 

Sixteen  hundred  ninety-seven  dol- 

lars and  fifty  cents, 

1,697  50 

Southampton,     . 

Four  hundred  thii'ty-seven  dollars 

and  fifty  cents 

437  50 

^^'are, 

Thirty-eight  hundred  thirty-two  dol- 

lars and  fifty  cents. 

3,832  50 

Westhampton,    . 

Two  hundred  twenty-seven  dollars 

and  fifty  cents,       .... 

227  50 

Williamsburg,   . 

Eight  hundred  twenty-two  dollars 

and  fifty  cents,       .... 

822  50 

Worthing'ton, 

Two  hundred  sixty-two  dollars  and 

fifty  cents,      ..... 

262  50 

125,847  50 

Acton, 


MIDDLESEX   COUNTY. 


Eleven  hundred  seventy-two  dollars 

and  fifty  cents,       .        .        .        .  i        $1,172  50 


1S90.  —  Chapter  442. 

MIDDLESEX  COUNTY  — Continued. 


497 


MidfiloBox 
county. 


Arlington,  . 

Forty-seven  hundred  and  sixty  dol- 

lars,  

14,760  00 

Ashby, 

Four  hundred  and  twenty  dollars,    . 

420  00 

Ashland,     . 

Eleven   hundred  and  fiftv-live  dol- 

lars,     ...:.. 

1,155  00 

Aver, . 

Eleven    hundred    two    dollars    and 

fifty  cents, 

1,102  50 

Bedford,     . 

•Seven  hundred  fifty-two  dollars  and 

(ifty  cents, 

752  50 

Belmont,    . 

Twenty-eight     hundred     seventeen 

dollars  and  fifty  cents,  . 

2,817  50 

Billeriea,    . 

Sixteen  hundred  and  ten  dollars, 

1,610  00 

Boxboroua^h, 

Two  hundred  and  ten  dollai's,  . 

210  00 

Burlinfrton, 

Four  hundred  and  twenty  dollars,    . 

420  00 

Cambridge, 

Fifty-four    thousand  one     hundred 

and  eighty  dollars, 

54,180  00 

Carlisle, 

Three    hundred    thirty-two    dollars 

and  fitty  cents,       .... 

332  50 

Chelmsford, 

Fourteen  hundred  and  seventy  dol- 

lars,        ...... 

1,470  00 

Concord,     . 

Thirtv-two  hundred  and  twenty  dol- 

lars  

3,220  00 

Draciit, 

Ten    hundred   and   eighty-five   dol- 

lars 

1,085  00 

Dunstable,. 

Two  hundred  sixty-two  dollars  and 

fifty  cents,      ..... 

262  50 

Everett,      . 

Fifty-five    hundred   twelve   dollars 

and  lifty  cents,       .... 

5,512  50 

Framingham,     . 

Sixty-four  hundred  and  seventy-five 

dollars,  ...... 

6,475  00 

Groton, 

Twenty-four  hundred   and   eighty- 

five  dollars,             .... 

2,4S5  00 

Holliston,   . 

Thirteen  hundred  and  sixty-five  dol- 

lars,         

1,365  00 

Hopkinton, 

Nineteen  hundred   and  twenty-five 

dollars,  ...... 

1,925  00 

Hudson, 

Nineteen  hundred  and  sixty  dollars, 

1,960  00 

Lexington, 

Twenty-eight  hundred  fifty-two  dol- 

lars and  fifty  cents. 

2,852  50 

Lincoln, 

Fourteen  hundred  dollars. 

1,400  00 

Littleton,    . 

Seven  hundred  dollars,     . 

700  00 

Lowell, 

Forty-nine   thousand  nine   hundred 

and  ten  dollars,      .... 

49,910  00 

:\ralden,      . 

Fourteen     thousand     one    hundred 

twenty-two  dollars  and  fifty  cents. 

14.122  50 

Marlborough,     . 

Forty -nme  hundred  dollars, 

4,900  00 

498 


Middlesex 
county. 


1890.  —  Chapter  442. 

MIDDLESEX  COUNTY— Concluded. 


May n  arc! ,    . 
Med  ford,    . 
Melrose,     . 
Natick, 
Newton, 
North  Reading, 
Pei^perell,  . 
Reading,     . 
Slierborn,   . 
Shirley,       . 
Somerville, 
Stoneham, . 
Stow, . 
Sudbury,    . 
Tewksbury, 
Townsend, 
T3ngsborough, 
Wakefield, 
WaUham,  . 
Watertown, 
Way  land,   . 
Westford,  . 
Weston, 
Wilmington,. 
Winchester, 
Woburn,     . 


Seventeen  hundred  thirty-two  dol- 
lars and  fifty  cents, 

Ninety-one  hundred  and  seventy 
dollars,  ...... 

Fifty-one  hundred  and  forty-five 
dollars,  ...... 

Forty-six  hundred  two  dollars  and 
fifty  cents,      ..... 

Twenty-nine  thousand  eight  hun- 
dred two  dollars  and  fifty  cents,  . 

Four  hundred  and  twenty  tlollars,    . 

Fifteen  hundred  and  fort}'  dollars,  . 

Twenty-two  hundred  and  five  dollars, 

Seven  hundred  fifty-two  dollars  and 
fifty  cents,      ..... 
Five  hundred  and  sixty  dollars, 

Twenty-fovxr  thousand  one  hundred 
and  fifteen  dollars. 

Twenty-eight  hundred  fifty-two  dol- 
lars and  fifty  cents. 

Seven  hundi-ed  and  seventy  dollars. 

Nine  hundred  and  forty-five  dollars. 
Eleven  hundred  and  ninety  dollars, 
Nine  hundred  and  ten  dollars, . 

Three  hundred  thirty-two  dollars 
and  fifty  cents,       .... 

Thirty-eight  hundred  and  fifteen  dol- 
lars,         

Eleven  thousand  four  hundred  and 
ten  dollars,     ..... 

Six  thousand  seventy-two  dollars 
and  fifty  cents. 

Thirteen  hundred  twelve  dollars  and 
fifty  cents, 

Ten  hundred  and.  fifteen  dollars, 

Twenty-one  hundred  fifty-two  dol- 
lars and  fifty  cents. 
Five  hundred  and  sixty  dollars, 

Thirtj'-nine  hundred  thirty-seven 
dollars  and  fifty  cents, . 

Seventy-five  hundred  forty-two  dol- 
lars and  fifty  cents, 


$1,732 

50 

9,170 

00 

5,145 

00 

4,602 

50 

29,802 
420 

50 
00 

1,540  00 

2,205 

00 

752 
560 

50 
00 

24,115 

00 

2,852 
770 

50 
00 

945  00 

1,190 

00 

910 

00 

332 

50 

3,815 

00 

11,410  00 

6,072  50 

1,312 
1,015 

50 
00 

2,152 
560 

50 
00 

3,937 

50 

7,542  50 

f293,440 

00 

Nantucket, 


1890.  —  Chapter  442. 
xantucket  county. 


499 


Twenty-six    Inindred    and   twenty- 
five  dollars, 


NORFOLK  COUNTY. 


Nantucket 
county. 


?,62.5  00 


Norfolk  county. 


Avon, 

Four  hundred    seventy-two  dollars 

and  fifty  cents,       .         . 

1472  50 

Bellingham, 

Five  hundred  and  twenty-five  dol- 

lars,         

525  00 

Braintree,  . 

Three   thousand  twenty-seven  dol- 

lars and  fifty  cents, 

3,027  50 

Brookline,  . 

Thirty-seven  thousand  five  hundred 

two  dollars  and  fifty  cents,    . 

37,502  50 

Canton, 

Thirty-three  hundred  seven  dollars 

and  fifty  cents,       .... 

3,307  50 

Cohasset,    . 

B'orty-two  hundred  dollars, 

4,200  00 

Dedhani,     . 

Forty-seven  hundred  forty-two  dol- 

lars and  fifty  cents, 

4,742  50 

Dover, 

Five  hundred  and  ninety -five  dollars. 

595  00 

Foxborough, 

Twelve  hundred  forty-two  dollai's 

and  fifty  cents,       .... 

1,242  50 

Franklin,    . 

Two  thousand  and  thirty  dollars,     . 

2,030  00 

Holbrook,  . 

Twelve  hundred  and  sixty  dollars,  . 

1,260  00 

Hyde  Park, 

Fifty-nine  hundred  and  fifteen  dol- 

lars,         

5,915  00 

Ikledfield,    . 

Ten  hundred  and  fifteen  dollars. 

1,015  00 

Medway,    . 

TAvelve    hundred    and   twenty-five 

dollars 

1,225  00 

Millis, 

Four  hundred  and  twenty  dollars,    . 

420  00 

Milton, 

Twelve     thousand     two     hundred 

thirty-two  dollars  and  fifty  cents, 

12,232  50 

Needham,  . 

Seventeen  hundred  sixty-seven  dol- 

lars and  fifty  cents, 

1,767  .50 

Norfolk,     . 

Four  hundred  and  twenty  dollars,    . 

420  00 

Norwood,  . 

Two  thousand  twelve  dollars  and 

fifty  cents,      ..... 

2,012  50 

Quincy, 

Eighty-five  hundred  fifty-seven  dol- 

lars^ and  fifty  cents. 

8,557  50 

Randolph,  . 

Two    thousand    eighty-two    dollars 

and  fifty  cents,       .... 

2,082  50 

Sharon, 

Ten  hundred  and  fifty  dollars, 

1,050  00 

Stoughton, 

Eighteen  hundred  and  ninety  dol- 

1 

lars, 

1,890  00 

500 

Norfolk  county. 


1890.  —  Chapter  442. 

NORFOLK  COUNTY  —  Concluded. 


Plymouth 
county. 


Walpole,    . 

Fifteen  hundred  fifty-seven  dollars 

and  fifty  cents,       .... 

f  1,557  50 

Welleslev, . 

Fortv-seven  hundred  sevent3--seven 

doHars  and  fifty  cents,  . 

4,777  50 

Weymouth, 

Fifty-four  hundred  and  ninety-five 

dollars,  ...... 

5,495  00 

Wrentham, 

Twelve  hundred  seven  dollars  and 

fifty  cents, 

1,207  50 

$110,530  00 

PLYMOUTH   COUNTY. 


Abington,  . 
Bridgewater, 
Brockton,   . 
Carver, 
Duxbury,    . 
EastBridgewatei 
Halifax, 
Hanover,    . 
Hanson, 
Hingham,  . 
Hull,  . 
Kingston,   . 
Lakeville,  . 
Marion, 
Marshfield, 
Mattapoisett, 
Middleborough 
Norwell,     . 
Pembroke, . 


Nineteen  hundred  and  twenty-five 
dollars,  ...... 

Twenty-one  hundred  seventeen  dol- 
lars and  fifty  cents. 

Thirteen  thousand  two  dollars  and 
fifty  cents,      ..... 

Five  hundred  and  sixty  dollars. 

Eleven  hundred  seventy-two  dollars 
and  fift}^  cents,       .... 
Fourteen  hundred  dollars. 

Two  hnndi'ed  and  ten  dollars, . 

Ten  hundred  and  fifty  dollars. 

Five  hundred  forty-two  dollars  aud 
fifty  cents,      ..... 

Thirty-three  hundred  and  ninety- 
five  dollars,  .         .         .         . 

Seventeen  hundred  and  fifteen  dol- 
lars,         

Sixteen  hundred  ninety-seven  dol- 
lars and  fifty  cents. 

Four  hundred  thirty-seven  dollars 
and  fifty  cents,       .... 

Eight  hvmdred  and  five  dollars, 

Ten  hundred  and  fifteen  dollars, 

Thiiteen  hundred  twelve  dollars 
and  fifty  cents,       .         .         .         . 

Twenty-ei<rht  hundred  seventeen 
dolhirs  and  fifty  cents,  . 

Nino  hiindred  and  forty-five  dollars, 

Five  hundred  seventj-seven  dollars 
and  fifty  cents,      .        .        .        . 


f  1,925 

00 

2,117 

50 

13,002  50 
560  00 

1,172  50 
1,400  00 

210 

00 

1,050  00 

542 

50 

3,395 

00 

1,715 

00 

1,697 

50 

437 
805 

50 
00 

1,015  00 


1,312  50 

2,817  50 
915  00 


577  50 


1890.  —  Chapter  442. 

PLYMOUTH   COUNTY  —  Concluded. 


501 


Plymouth 
county. 


Plymouth, 

Plyniptou, 

Rochester, 

Rockhiiid, 

Seituate, 

Warehrtm, 


Forty-nine  hundred  fifty-two  dollars 
and  fifty  cents,       .         .         .         . 

Two  hundretl  sixf}'-two  dollars  and 
fifty  cents,      .... 

Four  hundred  and  twenty  dollars, 

Twent}--one   hundred   and    seventy 

dollars, 

Sixteen  hundred  and  ten  dollars, 


Fifteen  hundred  twenty-two  dollar 
I      and  fifty  cents, 
W.  Bridgewater,  j  Eight  hundred  and  seventy-five  dol 

lai'S, 

Whitman,  .         .     Twenty-four  hundred   and   eighty 
five  dollars,    .... 


1-4,952  50 

262  50 
420  00 


2,170  00 
1,610  00 


1,522  50 

875  00 

2,485  00 

$50,995  00 


SUFFOLK   COUNTY. 


Suffolk  county. 


Boston, 

Six    hundred     forty-five     thousand 
seven    hundred    sixty-seven    dol- 

lars and  fiftv  cents. 

$645,767  50 

Chelsea,     . 

Sixteen  thousand  nine  hundred  and 

forty  dollars,          .... 

16,940  00 

Revere, 

Thirty-seven    hundred    and   eighty 

dollars, 

3.780  00 

Winthrop,  . 

Twenty-four     hundred     thirty-two 

dollars  and  fifty  cents,  . 

2,432  50 

$668,920  00 

AVORCESTER  COUNTY. 


Ashburnham,     . 

Eio:ht  hundred  and  seventy-five  dol- 

lars  

$875  00 

Athol, 

Twentv-four     hundred     thirty-two 

dollars  and  fifty  cents,  . 

2,432  50 

Auburn, 

Four  hundred  thirty-seven   dollars 

and  fifty  cents,       .... 

437  50 

Barre, 

Twelve    hundred    and    twenty-five 

dollars, 

1,225  00 

Berlin, 

Four  hundred  and  twenty  dollars,   . 

420  00 

Blaekstone, 

Twentv-one  hundred  fifty-two  dol- 

lars and  fiftv  cents. 

2,152  50 

Bolton, 

Four  hundred  and  twenty  dollars,    . 

420  00 

Boylston,    . 

Four  hundred  thirty-seven    dollars 

and  fifty  cents,       .... 

437  50 

Worceeter 
county. 


502 


Worcester 
county. 


1890.  —  Chapter  442. 

WORCESTER  COUNTY  —  Continued 


Brookfield, 
Charlton,    . 
Cliuton, 
Dana, . 
Douglas,     . 
Dudley,       . 
Fitchburg, . 
Gardner,     . 
Grafton, 
Hardwick,  . 
Harvard,    . 
H  olden, 
Hopedale,  . 
Hubbardston,     . 
Lancaster,  . 
Leicester,   . 
Leominster, 
Lunenburg, 
Men  don, 
Milford,      . 
Millbury,    . 
New  Braintree,  . 
North  Brookfield, 
Northborough,  . 
Northbridge, 
Oakham,     . 


Eleven  hundred  and  ninety  dollars. 

Eight  hundred  and  forty  dollars. 

Forty-eight  hundred  tv,elve  dollars 

and  fifty  cents,       .... 

Two  hundred  and  forty-five  dollars, 

Eight  hundred  ninety-two  dollars 
and  fifty  cents,       .... 

Eight  hundred  and  seventy-five  dol- 
lars,       ...... 

Twelve  thousand  nine  hundred  and 
eighty-five  dollai-s. 

Thirty-five  hundred  dollars, 

Two  thousand  and  sixty-five  dollars, 

Twelve    hundi-ed  forty-two  dollars 
and  fifty  cents,       .... 
Nine  hundred  and  ten  dollars, 

Nine  hundred  sixty-two  dollars  and 
fifty  cents,      ..... 

Eleven  hundred  sevent}-two  dol- 
lars and  fifty  cents. 

Six  hundred  twelve  dollars  and  fifty 
cents,      ...... 

Twenty-five  hundred  and  ninet}' 
dollars,  .         .  .         .         . 

Eighteen  hundred  thirty-seven  dol- 
lars and  fifty  cents, 

Thirty-six  hundred  and  seventy-five 
dollars,  ...... 

Five  hundred  seventy-seven  dollars 
and  fifty  cents,       .... 

Five  hundred  seven  dollars  and 
fifty  cents,      .... 

Forty-three  hundred  ninety-two  dol- 
lars and  fifty  cents, 

Seventeen  hundred  and  fifteen  dol- 
lars,         

Three  hundred  sixty-seven  dollars 
and  fifty  cents,       .         .         .         . 

Seventeen  hundred  sixty-seven  dol- 
lars and  fifty  cents. 

Eleven  hundred  thirty-seven  dollars 
and  fifty  cents. 

Twenty-six  hundred  and  sixty  dol- 
lars,       .  .         .         .         . 

Two  hundi'ed  ninety-seven  dollars 
and  fifty  cents,       .         .         .         . 


$1,190  00 
840  00 


4,812  50 
245  00 


892  50 

875  00 

12,985  00 
3,500  00 

2,065  00 


1,242 
910 

50 
00 

962 

50 

1,172 

50 

612 

50 

2,590 

00 

1,837 

50 

3,675 

00 

577 

50 

507 

50 

4,392 

50 

1,715 

00 

367 

50 

1,767 

50 

1,137 

50 

2,660 

00 

297 

50 

1890.— Chapter  442. 


503 


WORCESTER  COUNTY  — Coxcluded. 


Worcester 
county. 


Oxford,       . 

Paxton, 

Petersham, 

Phillijiston, 

Princeton,  . 

Royalston, . 

Rutland,     . 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer,     . 

Sterling,     . 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge,  . 

Warren, 

Webster,    . 

West  Boylston 

West  Brookfield 

Westborough, 

Westminster, 

Winchendon, 

Worcester, 


Twelve  hundred  forty-two  dollars 
and  fifty  cents,       .... 

Two  hundred  twenty-seven  dollars 
and  fifty  cents,       .... 

Five  hundred  and  twenty-five  dollars, 

Tavo  hundred  and  forty-five  dollars, 
Seven  hundred  dollars,     . 
Six  hundred  and  thirty  dollars. 
Four  hundred  and  twenty  dollars,   . 

Eight  hundred  ninety-two  dollars 
and  fifty  cents. 

Thirteen  hundred  forty-seven  dol- 
lars and  fifty  cents. 

Twenty-nine  hundred  twenty-two 
dollars  and  fifty  cents,  . 

Thirty-seven  hundred  sixty-two  dol- 
lars and  fifty  cents, 

S.^ven  hundred  eighty-seven  dollars 
and  fifty  cents,       .... 

Eight  hundred  and  forty  dollars, 

Eleven  hundred  and  fifty-five  dollars, 
Ten  hundred  and  eighty-five  dollars, 

Seven  hundred  eighty-seven  dollars 
and  fifty  cents,        .... 

Eighteen  hundred  and  fifty-five  dol- 
lars,       ...... 

Twenty-two  hundred  and  five  dollars 

Twentv'-five  hundred  and  fifty-five 

dollars, 

Ten  hundred  and  eighty-five  dollars. 

Seven  hundred  dollars, 

Twenty-two  hundred  ninety-two  dol- 
lars and  fifty  cents, 
Seven  hundred  dollars. 

Seventeen  hundred  sixty-seven  dol- 
lars and  fifty  cents. 

Fifty-nine  thousand  and  eightj-  dol- 
lars,         


,242  50 


227 
525 

50 
00 

245 

00 

700 

00 

630 

00 

420 

00 

892 

50 

1,347 

50 

2,922 

50 

3,762 

50 

787 
840 

50 
00 

1,155 

00 

1,085 

00 

787  50 

1,855  00 
2,205  00 


2,555  00 

1,085  00 

700  00 


2,292 
700 

50 
00 

1,767 

50 

59,080 

00 

f  152,040 

00 

504 


Recapitulation 
by  couuliea. 


Treasurer  of  the 
Commonweallh 
to  issue  war- 
rants. 


To  require 
Belectmeu  or 
assessors  to 
issue  warrants 
to  city  or  town 
treasurers. 


1890.  — Chapter  442. 
recapitulation. 


Barnstable  Co  , 
Berkshire  Co., 
Bristol  Co., 
Dukes  Co., 
Essex  Co.,  . 

Franklin  Co., 
Hampden  Co ,    . 

Hampshire  Co  ,. 

Middlesex  Co.,  . 
Nantucket  Co ,  . 
Norfolk  Co , 
Plymouth  Co  ,    . 
Suffolk  Co., 
Worcester  Co.,  . 


Sixteen  thousand  nine  hundred  and 
seventy-five  dollars, 

Thirty-eioht  thousand  two  hundred 
two  dollars  and  fifty  cents,   . 

One  hundred  seven  thousand  nine 
hundred  and  forty  dollars,    .  . 

Twenty-nine  hundred  and  five  dol- 
lai's,        .         .         .         .    '     . 

One  hundred  eighty-three  thousand 
nine  hundred  seven  dollars  and 
fifty  cents, 

Seventeen  thousand  eight  hundred 
and  fifty  dollars.    . 

Seventy-seven  thousand  eight  hun- 
dred twenty-two  dollars  and  fift}' 
cents,      .         .         .-        . 

Twenty-five  thousand  eight  hun- 
dred forty-seven  dollars  and  fifty 
cents,      ...... 

Two  hundred  ninety-three  thousand 
four  hundred  and  forty  dollars,    . 

Twenty-six  hundred  and  twenty- 
five  dollars, 

One  hundred  ten  thou'^and  five  hun- 
dred and  thirty  dollars. 

Fifty  thousand  nine  hundred  and 
ninety-five  dollars, 

Six  hundred  si.xty-eight  thousand 
nine  hundred  and  twenty  dollars. 

One  hundred  fifty-two  thousand  and 
forty  dollars, 


flG,975  00 

88,202  50 

107,940  00 

2,905  00 

183,907  50 
17,850  00 

77,822  50 

25,817  50 

293,440  00 

2,025  00 

110,530  00 

50,995  00 
668,920  00 
152,040  00 


$1,750,000  00 


Section  2.  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ing them  respectively  to  assess  the  sum  so  charged,  accord- 
ing to  the  provisions  of  chapter  eleven  of  the  Public 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  and  county  taxes  to  be  assessed  by  them  respec- 
tively on  each  city  and  town. 

Section  o.  The  treasiirer  of  the  Commonwealth  in  his 
warrant  shall  require  the  said  selectmen  or  assessors  to 
pay,  or  issue  severally  their  warrant  or  warrants  requiring 
the  treasui'ors  of  their  several  cities  or  towns  to  pay,  to  the 
treasurer  of  the  Commonwealth  on  or  before  the  tenth  day 
of  December  in  the  year  eighteen  hundred  and  ninety  the 


1890.  —  CiiAPTEK  443.  505 

sums  set  against  said  cities  and  towns  in  the  schedule 
aforesaid ;  and  the  selectmen  or  assessors  respectively 
shall  return  a  certificate  of  the  names  of  the  treasurers  of 
their  several  cities  and  towns,  with  the  sum  which  each 
may  be  required  to  collect,  to  the  treasurer  of  the  Com- 
monwealth at  some  time  before  the  first  day  of  October  in 
the  year  eighteen  hundred  and  ninety. 

Section  4.     If  the  amount  due  from  any  city  or  town,  to  notify ueas. 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the  quent  citre8"aiid 
Commonwealth  within  the  time  specified,  then  the   said  '°'''"*' 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  centum  per  month  during  such  delin- 
quency from  and  after  the  tenth  day  of  December  in  the 
year  eighteen  hundred  and  ninety  ;  and  if  the  same  re- 
mains unpaid  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-one  an  information  may  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such 
delinquent  city  or  town  ;  and  upon  notice  to  such  city  or  Wanantof  dis. 

.  1  i',i  1       I'     T        tre»8  may  issue 

town,  and  a  sunmiary  heanng  thereon,  a  warrant  or  dis-  against dty  or 
tress  may  issue  against  such  city  or  town  to  enforce  the  '°''''°" 
payment  of  said  taxes  under  such  penalties  as  said  court 
or  the  justice  thereof  before  whom  the  hearing  is  had  shall 
order. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1890. 


An  Act  pkoviuing  for  the  extermination  of  the  English 
sparrow  in  the  commonwealth. 


ChapAi:^ 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  In  all  cities  in  the  Commonwealth  the  Extermination 
officers  having  charge  of  the  public  buildings,  and  in  all  spaViw"^''^ 
towns  such  officers  thereof  as  the  selectmen  shall  designate 
and  appoint,  shall  take  and  enforce  such  reasonable  means 
and  use  such  appliances  as  in  their  judgment  may  be 
effective  for  the  extermination  of  the  English  sparrow 
therein  ;  but  in  so  doing  poisons  shall  not  be  used. 

Section  2.     Any  person  who  shall  wilfully  resist  the  Penalty  for  re- 
persons  in  any  city  or  town  charged  with  the  execution  of  terferenc°e'! '°' 
the  provisions  of  this  act,  while  engaged  therein,  or  who 
shall  knowingly  interfere  with  the  means  used  by  them  for 


506 


1890.  —  Chaptees  444,  445. 


said  purpose,  to  render  the  same  less  effective,  shall  be 

punished  by  fine  not  exceeding  twenty-five  dollars  for  each 

offence. 
?nTeTon"p°rivate       Section  3.     Nothiug  in  this  act  shall  be  so  construed 
property  with-    as  to  allow  an  ofBcer  to  enter  on  private  property  without 

consent  of  the  owner  or  occupant  thereof. 

Approved  June  28^  1890. 


out  consent. 


Chap. 


Aniendracnt  to 
1890,  271,  §  3. 


May  incur  in- 
debtedness be- 
yond the  limit 
to  procure 
parks  in 
Charleslown 
district. 
P.  8.  29,  §  4. 
1885,  178,  §  2. 


444  An  Act  to  amend  an  act  authorizing  the  city  of  boston  to 
incur  indebtedness  outside  of  its  debt  limit  to  procure 
and  construct  one  or  more  public  parks  in  the  charles- 
town  district  of  the  city  of  boston. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Section  three  of  chapter  two  hundred  and 
seventy-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  striking  out  the  words  "until 
after  the  first  day  of  November  in  the  year  eighteen  hun- 
dred and  ninety,  and  then  shall",  in  the  first,  second  and 
third  lines  thereof,  so  that  said  section  as  amended  shall 
read  as  follows  :  —  Section  3.  The  indebtedness  incurred 
under  this  act  shall  not  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  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1890. 


ChapA4:5 


Commissioners 
may  procure 
land  for  an 
asylum  for  the 
chronic  insane 
in  eastern 
Massachusetts. 


An  Act  to  provide  for  the  building  of  an  asylum  for  the 
chronic  insane  in  eastern  massachusetts. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor  with  the  advice  and  consent 
of  the  counsel  is  authorized  to  aj)point  three  persons  who 
shall  be  a  board  of  commissioners,  with  full  power  to 
purchase  or  bond,  subject  to  the  approval  of  the  governor 
and  council,  suitable  real  estate  in  the  eastern  part  of  the 
Commonwealth  consisting  of  not  less  than  three  hundred 
acres  of  land  suitable  for  all  sanitary  purposes  as  a  site 
for  an  asylum  for  the  chronic  insane  for  one  thousand 
patients. 


1890.  — Chapter  446.  507 

Sfxtiox  2.  Said  board  of  commissioners  is  authorized  JllaJ^g'^amTesa. 
to  procure  ])lans,  speritications  and  estimates  for  the  nia'<-'8. 
erection  of  suital)le  buildings  for  said  asylum,  the  first 
l)uilding-  or  buildings  to  l)e  constructed  for  live  hundred 
patients  and  in  accordance  with  a  plan  for  the  future 
extension  of  the  building  or  buildings  to  accommodate  not 
less  than  one  thousand  patients  ;  also  to  procure  plans, 
specifications  and  estimates  for  a  central  or  administrative 
building  for  officers  and  employees  for  the  care  and 
management  of  five  hundred  patients  and  in  accordance 
with  a  plan  for  the  future  extension  of  said  building  for 
officers  and  employees  for  one  thousand  patients,  together 
with  buildings  for  laundry,  kitchen,  heating  and  ventila- 
ting purposes  on  a  scale  commensurate  with  the  buildings 
before  named.  The  cost  of  said  land,  buildings  and  all  ancfbJdidings 
the  appurtenances  thereto  shall  not  exceed  the  sum  of  five  'i?L'°  e^.^'^'ed 

II  ,  $oOO  per  inmate. 

hundred  dollars  per  inmate. 

Section  3.  The  sum  of  twenty-five  thousand  dollars  Appropriations, 
is  hcrel)y  appropriated  to  purchase  said  real  estate,  and 
five  thousand  dollars  to  carr}^  out  the  other  provisions  of 
this  act :  provided,  that  all  contracts  and  agreements  made  Proviso. 
by  the  said  board  concerning  the  said  purchase,  i)lans, 
specifications  and  estimates  shall  be  approved  by  the 
governor  and  council. 

Sectiox  4.     Said  board  shall  prepare  a  printed  report  ^^^Jl^\^l 
of  their  proceedings  under  this  act,  and  submit  the  same,  general  court, 
together  with  the  plans,  specifications  and    estimates    in 
detail,  to  the  next  general  court. 

Section  5.     The  members  of  said  board  shall  receive  compensation. 
no  compensation  for  their  services,  except  for  their  travel- 
ling expenses  incurred  in  the  performance  of  their  duties 
as  said  commissioners. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1890. 

An  Act  in  relation  to  the  employment  of  persons  in  places  (7^ttl).446 

LICENSED   FOR   THE   SALE   OF   INTOXICATING   LIQUORS. 

Be  it  enacted,  etc.,  as  follows: 

Any  holder   of  a    license   for  the   sale  of  intoxicatinsf  ^.^^.^o"  "°'^er 

T  4^       U        1  ^  il  •  1  1      II  I  eighteen  years 

liquors  to  be  drunk  on  the  premises  who  shall  employ  any  of  aee  not  to  be 

,..  ^'.,  I        ^  J    employed  to 


person    under  the   age   of  eighteen    years  to  serve   such  serve  iiquors  to 

"  ~  "  be  drunk  "~  "" 

premises 


liquors  to  be  drunk  upon  the  premises  shall  be  punished  ''^  "runk  od  the 


by  a  fine  not  exceeding  one  hundred  dollars. 

Ap)proved  June  28,  1890. 


508 


1890.  —  Chapters  447,  448. 


Chap, 


447  ^^  ^^"^  ''"^  AUTHORIZE  CITIES  AND  TOWNS  TO  FURNISH  RELIEF  TO 
SOLDIERS  AND  SAILORS  AND  THE  WIDOWS  AND  MINOR  CHILDREN 
OF  SOLDIERS  AND  SAILORS  WHO  SERVED  IN  THE  ARMT  OR  NAVY 
OF   THE   UNITED   STATES    DURING   THE   WAR   OF   THE   REBELLION. 


Relief  by  cities 
and  towns  to 
soldiers  anil 
sailors  unable 
to  provide 
maintenance, 
etc. 


Beneficiary  not 
to  be  required 
to  receive  relief 
in  almshouse. 


Be  it  enacted,  etc.,  asfoUoios: 

Section  1.  Whenever  any  person  who  served  in  the 
army  or  navy  of  the  United  States  in  the  war  of  the 
rebellion  and  received  an  honorable  discharge  from  all 
enlistments  therein,  and  who  has  a  legal  settlement  in  a 
city  or  town  in  the  Commonwealth,  becomes,  from  any 
cause  except  his  own  criminal  or  wilful  misconduct,  poor 
and  entirely  or  in  part  unable  to  provide  maintenance  for 
himself,  his  wife  and  minor  children  under  the  age  of  six- 
teen years  ;  or  whenever  such  a  person  has  died  and  left 
a  widow  or  such  minor  children  without  proper  means  of 
support,  such  person,  his  wife  or  widow  or  such  minor 
children  shall  be  supported  wholly  or  in  part,  as  may  be 
necessary,  by  the  city  or  town  in  which  they  or  either  of 
them  have  a  legal  settlement.  Such  relief  shall  be  fur- 
nished by  the  mayor  and  aldermen  of  such  city  or  the 
selectmen  of  such  town  at  the  home  of  the  beneficiary,  or 
at  such  other  place  as  they  may  deem  right  and  proper. 
But  no  beneficiary  shall  be  required  to  receive  such  relief 
at  any  almshouse  or  public  institution  unless  the  physical 
or  mental  condition  of  such  beneficiary  shall  require  it  or 
unless  such  beneficiary  shall  choose  to  do  so  ;  the  choice 
to  be  made  in  case  of  a  minor  by  the  parent  or  guardian 
of  such  minor.  In  all  printed  reports  of  the  expenses  for 
such  relief  by  the  cities  and  towns  under  this  section  said 
expenses  shall  be  designated  as  soldiers'  relief. 

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

Approved  June  28,  1890. 


Ch(ip.4.4iS  -^^  ^^'^  '^O  PREVENT  AND  PUNISH  FRAUD  IN  SALES  OF  GOODS, 
WARES  AND  MERCHANDISE  AT  PUBLIC  OR  PRIVATE  SALE  BY 
ITINERANT    VENDORS,    AND    TO    REGULATE    SUCH    SALES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  words  "itinerant  vendors"  for  the 
purposes  of  this  act  shall  be  construed  to  mean  and  include 
all  persons,  both  principals  and  agents,  who  engage  in  a 
temporary  or  transient  business  in  this  state,  either  in  one 
locality  or  in  travelling  from  place  to  place  selling  goods, 


"  Itinerant  ven 
dors  "  con- 
strued. 


1890.  — Chapter  448.  509 

wares  and  merchandise,  and  who  for  the  purposes  of  carry- 
ing on  such  business  hire,  lease  or  occupy  any  building  or 
structure  for  the  exhibition  and  sale  of  such  goods,  wares 
and  merchandise. 

Section  2.     The  provisions  of  this  act  shall  not  apply  Not  to  apply  to 
to  sales  made  to  dealers  by  commercial  travellers  or  sell-  traveiTerV.'' 
ing  agents  in  the  usual   course  of  business,  nor  to  bona 
fide  sales  of  goods,  wares  and  merchandise  by  sample  for 
future  delivery,  or  to  hawkers  on  the  streets  or  pedlers 
from  vehicles. 

Sectiox  3.     Every  itinerant  vendor  who  shall  sell  or  Penalty  on  von. 

Y,.  .  1  dor  for  sellmg 

expose  for  sale,  at  public  or  private  sale,  any  goods,  wares  without  license. 
and  merchandise  without  state  and  local  licenses  therefor, 
issued  as  hereinafter  provided,  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punished  by  line  not  exceeding  fifty 
dollars  or  by  imprisonment  not  exceeding  sixty  days,  or 
by  both  such  fine  and  imprisonment. 

Section  4.     All  persons,  both  principals  and  agents.  Penalty  for  cir- 
who  shall  by  circular,  handbill,  newspaper,  or  in  any  other  mu^eui^b'efor 
manner,  advertise  any  such  sales  as  those  referred  to  in  °,cen8e."^ 
the  section  last  preceding,  before  proper  licenses  shall  be 
issued  to  the  vendor,  shall  be  guilty  of  a  misdemeanor 
and  shall  be  punished  by  fine  not  exceeding  fifty  dollars 
or  imprisonment  not  exceeding  sixty  days,  or  by  both 
such  fine  and  imprisonment. 

Section  5.     It  shall   be  the  duty  of  every  itinerant  ^ifjj'colpirra-'" 
vendor,  whether  principal  or  ao:ent,  before  commencing  tions to estab- 

.  1  '■  I'TiiT  •       ''*''  ordinances, 

busmess  to  take  out  a  state  license  and  local  licenses  in  etc. 
the  manner  hereinafter  set  forth,  but  nothing  herein  con- 
tained shall  atfect  the  right  of  any  municipal  corporation 
to  pass  such  ordinances  relative  to  itinerant  vendors  as 
may  l)e  permissible  under  the  general  law  or  under  their 
respective  charters. 

Section    6.      Every  itinerant  vendor  desiring   to   do  Vendor  to  de- 

.  ...  1111  -'ii  c  posit  §oOO,  with 

business  in  this  state  shall  deposit  with  the  secretary  oi  secretary  of  the 
the  Commonwealth  the  sum  of  five  hundred  dollars  as  a 
special  deposit,  and  after  such  deposit,  upon  application 
in  proper  form   and  the  payment  of  a  further  sum   of  g^^t^'ifcensV^ 
twenty-five  dollars  as  a  state  license  fee,  the  secretary  of  fee. 
the  Commonwealth  shall  issue  to  him  an  itinerant  vendor's 
license,  authorizing  him  to  do  l)usiness  in  this  state  in  con- 
formity with  the  provisions  of  this  act  for  the  term  of  one 
year  from  the  date  thereof.     Every  license  shall  set  forth 
a  copy  of  the  application  upon  which  it  is  granted.     Such 


510 


1890.— Chapter  US. 


License  not  to 
be  transferable, 
etc. 


Application  for 
license  to  be 
sworn  to,  etc. 


License  to  be 
exhibited  to 
clerk  of  city  or 
town. 


Local  license 
fee. 


Statement  to  be 
made  of  value 
of  stock,  etc. 


license  shall  not  be  transferable,  nor  give  authority  to  more 
than  one  [)erson  to  sell  goods  as  an  itinerant  vendor,  either 
by  agent  or  clerk  or  in  any  other  way  than  in  his  own 
proper  person,  but  any  licensee  may  have  the  assistance 
of  one  or  more  persons  in  conducting  his  business  who 
shall  have  authority  to  aid  that  principal  but  not  to  act 
for  or  without  him. 

Section  7.  All  applications  for  licenses  shall  be  sworn 
to,  shall  disclose  the  names  and  residences  of  the  owners 
or  parties  in  whose  interest  said  business  is  conducted, 
and  shall  be  kept  on  file  by  the  secretary  of  the  Common- 
wealth ;  and  a  record  shall  be  kept  by  him  of  all  licenses 
issued  upon  such  applications.  AH  files  and  records  both 
of  the  secretary  of  the  Commonwealth  and  of  the  respec- 
tive town  or  city  clerks  shall  be  in  convenient  form  and 
open  for  public  inspection. 

Section  8.  Before  selling  under  said  state  license 
every  itinerant  vendor  shall  exhibit  the  same  to  the  clerk 
of  the  town  or  city  where  he  proposes  to  make  sales. 
And  upon  payment  to  said  clerk  of  a  further  local  license 
fee,  to  be  ascertained  in  the  manner  provided  in  the  fol- 
lowing section,  and  the  proof  of  payment  of  all  such  other 
license  fees,  if  any,  as  are  legally  chargeable  upon  local 
sales,  the  clerk  shall  record  the  said  state  license  in  full, 
shall  endorse  upon  it  the  w^ords  "  local  license  fees  paid", 
and  shall  afiix  his  ofiicial  signature  together  with  the  date 
of  such  endorsement.  Any  failure  to  obtain  a  local  license, 
and  for  proper  endorsements  made  on  the  said  license, 
shall  be  subjected  to  the  same  penalty  as  though  no  state 
license  had  been  issued. 

Section  9.  Any  itinerant  vendor  before  making  any 
sales  of  such  goods,  wares  and  merchandise  shall  furnij?h 
to  the  clerk  of  the  city  or  town  where  any  goods,  wares 
and  merchandise  are  kept  or  to  be  kept  or  exposed  for  sale 
or  sold  by  him  or  them,  a  true  statement  of  the  average 
quantity  and  value  of  the  stock  of  goods,  ware^  and  mer- 
chandise so  ke})t  or  exposed  for  sale.  The  person  fur- 
nishing such  statement  shall  make  oath  that  the  same  is 
true,  and  said  oath  may  be  administered  by  said  clerk  or 
any  ofiicer  qualified  to  administer  oaths.  Such  clerk  shall 
thereupon  ascertain  the  amount  to  be  paid  for  the  local 
license,  by  a  computation  based  upon  the  average  valua- 
tion of  such  stock  of  goods,  wares  and  merchandise  so 
kept  or  exposed  for  sale,  in  the  ratio  and  of  the  rate  per 


1890.  —  Chapter  448.  511 

thousand  dollars  of  valuation  of  the  last  preceding  tax 
levy  made  in  such  city  or  town  ;  and  upon  receipt  of  the 
amount  so  fixed  and  ascertained  shall  issue  to  the  person 
filing  or  furnishing  such  statement  a  local  license  author- 
izing the  sale  of  such  goods,  wares  and  merchandise  within 
the  limits  of  such  town  or  city,  which  license  shall  be  and 
continue  in  force  so  long  as  the  licensee  thereunder  shall 
continuously  keep  and  expose  for  sale  in  such  city  or  town 
such  stock  of  goods,  wares  and  merchandise,  except  that 
such  license  shall  in  any  event  terminate  and  expire  on  the 
first  day  of  May  next  following  its  date.  If  the  state- 
ment required  by  this  section  is  not  filed  as  aforesaid,  the 
licensing  board  of  the  city  or  town  in  which  such  goods 
are  so  kept  or  exposed  for  sale,  or  Avhere  such  itinerant 
vendor  desires  to  sell  such  goods,  wares  and  merchandise, 
shall  thereupon  fix  the  sum  to  be  paid  for  such  license, 
which  sum  shall  be  binding  upon  the  parties. 

Sectiox  10.     Whoever  neglects  or  refuses  to  file  the  Penalty  for 

,     ,  •        T    1  J.  •  £•  ^1   •  I  neglecting  to 

statement  required  by  section  nine  ot  this  act,  or  wtioever  aie statement. 
makes  a  false  or  fraudulent  representation  therein,  shall 
be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more 
than   twenty  dollars   for  each    and   every  day  that  such 
goods,  wares  or  merchandise  are  kept  or  exposed  for  sale. 

Section  11.     Whenever  a  person  liable  therefor,  and  t1:ait?etc!,may 
after  demand  made  by  the  clerk  of  the  city  or  town  in  t)e  maintained 

.  ^,  II-  f^""  recovery  of 

which  he  is  located,  retuses  or  neglects  to  pay  the  license  license  fee. 
fee  provided  for  in  this  act,  the  said  clerk  may,  in  his  own 
name  1)ut  for  the  use  and  benefit  of  such  city  or  town, 
maintain  an  action  of  contract  or  trustee  process  therefor 
in  like  manner  as  foi'  his  own  debt.  Police,  district  and 
municipal  courts  and  trial  justices  shall  have  concurrent 
jurisdiction  with  the  superior  court  of  such  actions  and  of 
complaints  under  section  four  of  this  act. 

Section  12.  No  itinerant  vendor  shall  advertise,  repre-  saies  of  goods 
sent  or  hold  forth  any  sale  as  an  insurance,  bankrupt,  fi^^etc!*'*^ 
insolvent,  assignee,  trustee,  testator,  executor,  adminis- 
trator, receiver,  wholesale  or  manufacturers,  or  closing 
out  sale,  or  as  a  sale  of  any  goods  damaged  by  smoke, 
fire,  water  or  otherwise,  or  in  any  similar  form,  unless  he 
shall  before  so  doing  state  under  oath  to  the  secretary  of 
the  Commonwealth,  either  in  the  original  application  for  a 
state  license  or  in  a  supplementary  application  subsequently 
filed,  and  copy  on  the  license  all  the  facts  relating  to  the 
reasons  and  character  of  such  special  sale  so  advertised  or 


512 


1890.  —  Chapter  448. 


Penalty  for  false 
Btatemenl  in  ap- 
plication for 
license. 


Expiration  of 
license. 


Upon  return  or 
surrender  of 
license,  the 
same  to  be 
cancelled. 


Deposit  in 
hands  of  the 
secretary  liable 
to  attachment 
in  certain  cases. 


Deposit  liable 
for  payment  of 
fines,  etc. 


represented,  including  a  statement  of  the  names  of  the 
persons  from  whom  the  goods,  wares  and  merchandise  were 
obtained,  the  date  of  delivery  to  the  person  applying  for 
the  license,  and  the  place  from  which  said  goods,  wares 
and  merchandise  were  last  taken,  and  all  details  necessary 
to  exactly  locate  and  fully  identify  all  goods,  wares  and 
merchandise  to  be  so  sold. 

Section  13.  Any  false  statement  in  an  application, 
either  original  or  supplementary,  for  a  license,  and  any 
failure  on  the  part  of  any  licensee  to  comply  with  all  the 
requirements  of  the  last  preceding  section  shall  subject 
said  itinerant  vendor  to  the  same  penalty  as  if  he  had  no 
license. 

Section  14.  All  state  licenses  issued  under  this  act 
shall  expire  by  limitation  one  year  from  the  date  thereof, 
and  may  be,  if  so  desired,  surrendered  at  any  time  prior 
thereto  for  cancellation. 

Section  15.  Upon  the  expiration  and  return  or  sur- 
render of  each  state  license  the  secretary  of  the  Common- 
wealth shall  cancel  the  same,  endorse  the  date  of  delivery 
and  cancellation  thereon,  and  place  the  same  on  file.  He 
shall  then  hold  the  special  deposit  of  each  licensee  herein- 
before mentioned  for  the  period  of  sixty  days,  and  after 
satisfying  any  and  all  claims  made  Upon  the  same  under 
the  section  next  following,  shall  return  said  deposit  or  such 
portion  of  the  same,  if  any,  as  may  remain  in  his  hands,  to 
the  licensee  depositing  it. 

Section  16.  Each  deposit  made  with  the  secretary  of 
the  Commonwealth  shall  be  subject,  so  long  as  it  remains 
in  his  hands,  to  attachment  and  execution  in  behalf  of 
creditors  whose  claims  arise  in  connection  with  business 
done  in  the  state,  and  the  secretary  of  the  Commonwealth 
may  be  held  to  answer  as  trustee,  under  the  trustee  pro- 
cess, in  any  civil  action  in  contract  or  tort  brought  against 
any  licensee,  and  the  secretary  of  the  Commonwealth  shall 
pay  over  under  order  of  court,  or  upon  execution,  such 
sum  of  money  as  he  may  be  chargeable  with  upon  his 
answer  or  otherwise.  Said  deposit  shall  also  be  subject 
to  the  payment  of  any  and  all  fines  and  penalties  incurred 
by  the  licensee  through  violations  of  this  act,  and  the 
clerk  of  the  court  in  which,  or  the  trial  justice  by  whom, 
such  fine  or  penalty  is  imposed  shall  thereupon  notify  the 
secretary  of  the  Commonwealth  of  the  name  of  the  licensee 
against  whom  such  fine  or  penalty  is  adjudged  and  of  the 


1890.  —  Chapter  449.  5 1 3 

Minount  of  such  fine  or  penalty,  and  the  secretary  of  the 
Commonwealth,  if  he   has  in  his  hands  a  sufficient  sum 
deposited  by  such  licensee,  shall  pay  the  sum  so  specified 
to  said  clerk  or  trial  justice,  and  if  the  secretary'  shall  not 
have  a  sufficient  sum  so  deposited  he  shall  make  payment 
as  afoiiesaid  of  so  much  as  he  has  in  his  hands.     All  claims 
upon   deposit  shall   be   satisfied    after   judgment,  fine  or 
penalty  in  the  order  in  which  notice  of  the  claim  is  re- 
ceived by  the  secretary  of  the  Commonwealth,  until  all 
such  claims  are  satisfied  or  the  deposit  exhausted,  but  no 
notices  filed  after  the  expiration  of  the  sixty  days  limit 
aforesaid  shall  be  valid.     Xo  deposits  shall  be  paid  over  Depositnotto 
by  the  secretary  of  the  Commonwealth  to  licensees  so  long  liceMeeu'ntV 
as  there  are  any  outstanding  claims  or  notices  of  claims  ciaun'^^are^ 
against  them,  respectively,  unless  he  is  satisfied  that  such  satisfied. 
claims  will  not  be  prosecuted  to  final  judgment  or  that  no 
fine  or  penalty  will  be  imposed. 

Section  ]7.     All  acts  and  parts  of  acts  inconsistent  Repeal, 
herewith  are  hereby  repealed.       Ajyyroved  June  28,  1890. 


Chap.Ud 


An  Act  to  regulate  sales  of  goods,  wares  and  aierchandise 
taken  into  a  city  or  town  to  be  sold  by  auction. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  six  of  chapter  sixty-seven  of  the  Amendmeut 
Public  Statutes  is  hereby  amended  by  adding  thereto  after  'ops-s", §6. 
the  words  "is  situated ",  in  the  fourth  line  thereof,  the 
foUoAving  words  :  — provided,  that    such    personal    estate 
does  not  consist  of  goods,  wares  or  merchandise  which 
have  been  brought  into  a  city  or  town  in  the  Common- 
wealth by  persons  engaged  in  the  business  of  travelling 
and  carrying  stocks  of  goods,  wares  or  merchandise  from 
one  city  or  town  to  another  within  the  Commonwealth  for 
the  purpose  of  selling  the  same  by  auction,  —  so  that  said 
section  six  as  amended  hereby  shall  read  as  follows  :  — 
Section  6.     An  auctioneer  may  sell  by  public  auction  in  Saie  by  auction 
any   place  within    his    county ;    and   when    employed   by  ukln°im'o^town 
others  may  sell  real  or  personal  estate  in  any  place  within  regulated. 
the  Commonwealth,  if  such  sale  is  made  where  such  real 
or  personal  estate  is  situated :  provided,  that  such  per- 
sonal estate  does  not  consist  of  goods,  wares  or  merchan- 
dise which  have  been  brought  into  a  city  or  town  in  the 
Commonwealth    by  persons    engaged  in  the  business    of 
travelling  and  carrying  stocks  of  goods,  wares  or  merchan- 
dise from  one  city  or  town  to  another  within  the  Com- 


514 


1890.  — Chapter  450. 


Sales  to  be 
made  by  a  duly- 
licensed  auc- 
tioneer of  the 
city  or  town. 


Special  license 
fee  maj'  be 
required. 


Penalties. 


monwealth  for  the  purpose  of  selling  the  same  by  auction. 
If  an  auctioneer  sells  by  auction  in  a  place  where  he  is  not 
authorized  to  sell  he  shall  forfeit  fifty  dollars. 

Section  2.  The  sales  of  goods,  wares  and  merchandise 
which  have  been  brought  into  a  city  or  town  in  the  Com- 
monwealth for  the  purpose  of  being  sold  by  auction,  shall 
be  made  by  auction  only  by  an  auctioneer  duly  licensed  in 
said  city  or  town  or  in  some  other  city  or  town  within  the 
Commonwealth,  and  having  a  regular  and  established  place 
of  business  in  said  cit}^  or  town  where  the  goods,  wares  or 
merchandise  are  to  be  sold.  And  said  auctioneer  must,  if 
a  new  resident  of  the  city  or  town  where  he  hai^  his  place 
of  business,  receive  from  the  board  of  mayor  and  alder- 
men of  the  said  city  or  the  selectmen  of  the  town  a  permit 
to  hold  sales  by  auction  in  said  city  or  town,  and  said 
board  of  mayor  and  aldermen  of  the  city  or  the  selectmen 
of  the  town  may  require  a  special  license  fee  for  the  hold- 
ing of  sales.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars. 

Section  3.  Any  person  who  sells  or  attempts  to  sell 
by  auction  or  who  advertises  for  sale  any  goods,  wares  or 
merchandise  in  any  city  or  town  in  the  Commonwealth 
falsely  representing  or  pretending  that  such  goods,  wares 
and  merchandise  are,  in  whole  or  in  part,  a  l)ankrupt  or 
insolvent  stocky  or  damaged  goods,  or  goods  saved  from 
a  fire,  or  making  any  false  statement  as  to  the  previous 
history  or  character  of  such  goods,  wares  and  merchandise, 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars,  and  shall  be  further  liable  in  an  action  of  contract 
to  any  person  purchasing  any  such  goods,  wares  or  mer- 
chandise, because  of  such  representation  or  statement,  in 
a  sum  of  money  three  times  the  amount  paid  for  said 
goods,  wares  or  merchandise.     Approved  June  28,  1890. 


Ch(ipA50  -^N    Act   in    favor    of    the    massacdusetts    state    firemen's 

ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

thl°MMellhu.  Section  1.  Before  the  first  day  of  July  *n  the  year 
settsstate  Kire  eighteen  hundred  and  ninety  there  shall  be  allowed  and 
tion.  paid  out  of,  the   treasury   of  the  Commonwealth   to  the 

treasurer  of  the  Massachusetts  State   Firemen's  Associa- 
tion the  sum  of  ten  thousand  dollars.     Said  sum  shall  be 


1S90.  — Chapter  450.  515 

]iaid  from  tlio  inonc3's  received  for  taxes  from  fire  insur- 
ance companies  doing  business  in  tiie  Commonwealth, 

Section  2.  Tiie  money  so  paid  to  said  treasurer  shall  JieFiren°Jn"8"^ 
be  known  and  remain  as  the  firemen's  relief  fund  of  Massa-  j^eiief  Fund  of 
chusetts,  and  shall  be  used  as  a  fund  for  ihe  relief  of  fire- 
men, whether  members  of  said  association  or  not,  who 
may  lie  injured  while  responding  to,  working  at  or  return- 
intr  from  an  alarm  of  fire,  and  for  the  relief  of  the  widows 
and  children  of  such  firemen  as  may  be  killed  in  the  line 
of  their  (kity  aforesaid,  in  such  manner  and  in  such  sums 
as  a  board  to  consist  of  seven  persons,  three  of  wdiom  shall 
be  appointed  by  the  Massachusetts  State  Firemen's  Associ- 
ation and  four  of  whom  shall  be  appointed  by  the  governor, 
shall  determine  ;  the  appointees  of  the  governor  not  to  be 
members  of  said  association. 

Sectiox  8.     The  treasurer  of  the  Massachusetts  State  Treasurer  of  the 
Firemen's  Association  shall  give  a  bond  with  good  and  gh^rbond"o°he 
sufiicient  sureties  to  the  treasurer  of  the  Commonwealth,  state  treasurer. 
in  double  the  sum  received  by  him  from  said  treasurer  of 
the  Commonwealth,   for  the  faithful   performance  of  his 
duties   under  this   act;  and   shall   make  a  detailed  report 
under   oath   to    the    treasurer    of  the  Commonwealth  of 
expenditures  of  the  appropriation  made  under  this  act,  on 
or  l)efore  the  fifteenth  day  of  July  in  the  year  eighteen 
hundred  and  ninety-one. 

Section  4.  The  ofiicers  and  members  in  active  service  Persons  eiigiuie 
of  all  incorporated  protective  departments  acting  in  con-  fund."^*^'^  ^'°™ 
cert  with  fire  departments,  and  any  person  doing  fire  duty 
at  the  request  or  upon  the  order  of  the  authorities  of  any 
town  having  no  organized  fire  department,  and  any  person 
performing  the  duties  of  a  fireman  in  a  town  having  no 
organized  fire  department,  shall  be  eligible  for  benefits 
from  this  fund. 

Section  5.     All    unexpended  moneys  received  under  unexpended 
this  act  by  the  said  JNIassachusetts  State  Firemen's  Asso-  mn«ftostatr' 
ciation  shall  be  returned  to  the  treasurer  of  the  Common-  treasury. 
wealth  on  or  liefore  the  fifteenth  day  of  July  in  the  year 
eighteen  hundred  and  ninety-one. 

Section  6.  No  part  of  this  ten  thousand  dollars  shall  ex°pen°ded  for 
be  expended  for  salaries  or  any  expenses  whatever  except  salaries,  etc 
as  this  act  provides. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2S,  1890. 


516  1890.  — Chapters  451,  452,  453. 


(JhcipA^X   ^^  ^^'^  RELATING  TO  ENGAGEMENTS  OF  ATTORNEYS   IN  THE  SUPREME 
JUDICIAL  COURT  AND  THE   SUPERIOR  COURT. 

Be  it  enacted,  etc.,  as  follows: 

mori!^Bfn\he      ^°  attomey  of  record  in  the  supreme  judicial  court  or 
courts.  superior  court,  when  actually  engaged  in  the  trial  of  a 

cause  in  either  of  said  courts,  shall  not  be  obliged  to  pro- 
ceed to  the  trial  of  any  other  cause  in  either  of  said  courts 
unless  it  shall  appear  to  the  court  in  any  particular  case 
that  it  is  just  and  reasonable  that  he  should  so  proceed. 

Approved  June  28,  1890. 

ChCf,p.4i52  ^^  ^^'^  PROVIDING  FOR  THE  DISPOSAL  OF  PROPERTY  SEIZED  UNDER 
THE  PROVISIONS  OF  CHAPTER  TWO  HUNDRED  AND  EIGHTY-FOUR 
OF  THE   ACTS   OF   THE   YEAR   EIGHTEEN   HUNDRED   AND   NINETT. 

Be  it  enacted,  etc. ,  as  folloius : 

p^roperty  seized       "^'^  property  rccovcred  under  the  provisions  of  chapter 
underpro.         two  hundrcd  and  eighty-four  of  the  acts  of  the  year  eighteen 

visions  of  1890,     ,  ,        ,  i        •        ^       i      , ,    ,        ,      ,  i    ,  ,  «,  ^   i  • 

284.  hundred  and  ninety  shall  be  held  by  the  oihcer  making 

the  seizure,  in  such  manner  as  the  court  issuing  the  war- 
rant may  order,  and  the  court  may  make  such  order  for 
the  disposal  of  such  propert}^  as  justice  may  require. 

Approved  July  2,  1890. 

Ch(l7)A53  ^^  ^^^  '^  FURTHER  ADDITION  TO  THE  SEVERAL  ACTS  MAKING 
APPROPRIATIONS  FOR  EXPENSES  AUTHORIZED  THE  PRESENT  YEAR 
AND  FOR  CERTAIN   OTHER   EXPENSES   AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  asfolloivs: 

Appropriations.  Sectiox  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 :  — 

t^?n"t»vL°A''®'''        For   refunding   certain  taxes  assessed  against  savings 

tain  taxes  as-  ~  c?  o 

8;-^8sed  against  bauks,  OH  real  estate  used  for  banking  purposes  and  paid 
and  paid  under  uudcr  protcst,  the  suui  of  five  thousaud  and  forty-nine 
piotest.  dollars  and  thirty-seven  cents,  as  authorized  by  chapter 

four  hundred  and  six  of  the  acts  of  the  present  year. 
^"the  ^ivt^rnor      ^^^'  ^^^  payment  of  extraordinary  expenses,  to  be  ex- 
and  council.       pcudcd  uudcr  the  direction  of  the  governor  and  council,  a 

sum  not  exceeding  twenty  thousand  dollars,   as  author- 


1890.  —  Chapter  453.  517 

ized  by  chapter  four  hundred  and  fifteen  of  the  acts  of  the 
present  year. 

For  i)rinting  hiws  relating  to  elections,  a  sum  not  ex-  Election  laws. 
cecding  five  hundred    dollars,  as  authorized    ])y  chapter 
seventy-two  of  the  resolves  of  the  present  year. 

For  printing  extra  copies  of  that  portion  of  the  report  ^oXd 'of  heauh 
of  the  state  board  of  health  which  relates  to  water  supply 
and  sewerage,  as  authorized  by  chapter  eighty  of  the 
resolves  of  the  year  eighteen  hundred  and  eighty-nine,  a 
sum  not  exceeding  four  thousand  dollars,  being  in  addition 
to  the  three  thousand  dollars  appropriated  by  chapter  four 
hundred  and  seventy- two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine. 

For  the  payment  of  expenses  in  connection  with  the  Comrautees to 
committees  of  the  senate  and  house  of  representatives,  ^^arglst^ic 
appointed  to  investigate  certain  charges  made  against 
members  of  the  present  legislature  relative  to  the  legis- 
lation asked  for  by  the  West  End  Street  Railway  Com- 
pany granting  permission  to  build  an  elevated  railroad, 
the  same  to  include  clerk  hire,  services  of  stenographers, 
fees  and  expenses  of  witnesses,  a  sum  not  exceeding  five 
thousand  dollars. 

For  printing  and  stereotyping  the  supplement  to  the  supplement  to 
Public  Statutes,  as  provided  for  in  chapter  three  hundred  statutes."' 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight,  a  sum  not    exceeding  seven    thousand 
dollars. 

For  the  salary  and    expenses  of  the  deputy  sealer  of  ^/P"J\*'tg''and 
weights    and    measures,   a  sum   not    exceeding  eighteen  measures. 
hundred  dollars,  as  authorized  by  chapter  four  hundred 
and  twenty-six  of  the  acts  of  the  present  year. 

For  providing  fire  escapes  at  the  state  normal  school  at  Normal  school 
AVestfield,  a  sum  not  exceeding  fifteen  hundred  dollars, 
as  authorized  by  chapter  seventy-four  of  the  resolves  of 
the  present  year. 

For  the  disposal  of  sewage  at  the  reformatory  prison  Reformatory 
for  women,  a  sum  not  exceeding  three  thousand  dollars,  Vomm.'^'^ 
as  authorized  by  chapter  seventy-five  of  the' resolves  of 
the  present  year,  being  in  addition  to  the  five  thousand 
dollars  appropriated  by  chapter  two  hundred  and  seventy- 
nine  of  the  acts  of  the  present  year. 

For  the  salary  of  the  commissioner  whose  duty  it  shall  be  Province  laws. 
to  edit  the  Avork  provided  for  in  chapter  seventy-seven  of 
the  resolves  of  the  present  year,  relating  to  completing 


518 


1890.  — Chapter  451. 


Asylum  for 
chronic  insane. 


Massachusetts 
State  Fireraen'i 
Association. 


CompeDBation 
of  members  of 
house  of  repre- 
sentatives. 


Department  of 
in-door  poor. 


Widow  of  John 
8.  True. 


the  preparation  and  publication  of  the  province  laws,  a 
sum  not  exceeding  ten  hundred  and  fifty  dollars  ;  and  for 
such  other  expenses  as  may  be  necessary  under  said 
resolve,  a  sum  not  exceeding  seventy-two  hundred  dollars. 

To  provide  for  building  an  asylum  for  the  chronic  insane 
in  eastern  Massachusetts,  a  sum  not  exceeding  thirty  thou- 
sand dollars,  as  authorized  by  chapter  four  hundred  and 
forty-five  of  the  acts  of  the  present  year. 

For  the  Massachusetts  State  Firemen's  Association,  the 
sum  of  ten  thousand  dollars,  as  authorized  by  chapter 
four  hundred  and  fifty  of  the  acts  of  the  present  year. 

For  the  compensation  of  members  of  the  house  of 
representatives,  a  sum  not  exceeding  thirteen  hundred 
dollars,  in  accordance  with  an  order  of  the  house  adopted 
June  thirtieth  in  the  year  eighteen  hundred  and  ninety. 

For  salaries  and  expenses  in  the  department  of  in-door 
poor,  a  sum  not  exceeding  one  thousand  dollars,  being 
in  addition  to  the  thirty-three  thousand  five  hundred  dol- 
lars appropriated  by  chapter  seventeen  of  the  acts  of  the 
present  year. 

For  the  widow  of  the  late  John  S.  True,  the  sum  of 
seven  hundred  and  fifty-two  dollars,  as  authorized  by  a 
resolve  of  the  present  year. 

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

Approved  July  2,  1890. 


ChapA54: 


May  construct 
and  operate  a 
system  of 
elevated 
railroads. 


Petition  for  lo- 
cation, with  a 
route  plan,  to 
be  filed  with  the 
board  of  alder- 
men, or  select- 
men. 


An  Act  to  authorize  the  west  end  street  railway  company 
to  build  elevated  railroads. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.  The  West  End  Street  Railway  Company 
is  hereby  authorized  from  time  to  time  to  construct, 
equip,  maintain  and  operate,  as  hereinafter  provided,  a 
system  of  elevated  railroads  in  the  city  of  Boston  and  in 
the  other  cities  and  towns  in  which  it  is  now  authorized  to 
run  cars  ;  and  may  also  from  time  to  time  extend  the 
system  in  such  cities  and  towns,  and  at  convenient  places 
connect  the  tracks  of  said  elevated  railroads  with  the  sur- 
face or  other  tracks  of  said  railway  company  by  the  con- 
struction and  use  of  inclined  planes. 

Section  2.  Said  railway  company  before  commencing 
the  construction  of  any  elevated  railroad,  or  any  extension 
thereof,  shall  file  a  petition  authorized  by  its  board  of 
directors  for  the  location  thereof  with  the  board  of  alder- 
men of  the  city  or  the  selectmen  of  the  town  in  which  it 


1890.  —  Chapter  454.  519 

proposes  to  construct,  equip,  mainttiin  and  operate  an 
elevated  railroad,  and  with  said  petition  shall  file  a  route 
plan  showing  through,  across,  upon  and  over  what  streets, 
ways,  public  or  private  lands  it  proposes  to  construct, 
equip,  maintain  and  operate  said  railroad,  together  with  a 
general  plan  showing  the  proposed  form  of  construction, 
including  stations  and  platforms,  and  whether  said  rail- 
road is  to  be  single  or  double  tracked,  with  the  desired 
turnouts,  crossovers,  inclines  and  connections.  Said 
petition  shall  also  set  forth  the  grade  and  gauge  of  the 
proposed  track,  and  the  height  at  which  the  lowest  part  of 
the  girders  supporting  the  track  or  structure  shall  be  from 
the  ground,  but  said  company  shall  not  construct  an  incline 
to  connect  the  tracks  of  its  surface  and  elevated  roads  in 
any  street  without  leaving  free  for  the  passage  of  vehicles 
in  said  street  not  less  than  twenty-four  feet  in  addition  to 
sidewalk  accommodations. 

Section  3.  The  board  of  aldermen  of  such  city  or  the  Location  may 
selectmen  of  such  town  upon  the  tiling  of  said  petition  by  *^^''^°*^'- 
said  railway  company,  shall  give  notice  thereof  to  all 
parties  interested,  by  publication  in  two  or  more  news- 
papers, or  otherwise  as  they  may  determine,  at  least 
fourteen  days  before  their  meeting,  of  the  time  and  place 
at  which  they  will  consider  such  location ;  and  after  a 
hearing  the  board  of  aldermen  of  such  city,  by  a  yea  and 
nay  vote  of  two-thirds  of  the  whole  number  of  said  board, 
and  the  selectmen  of  such  town  may  grant  the  same  or  any 
]:)ortion  thereof;  but  no  location  shall  be  valid  until  it  is  To  be  approved 

...  T     1  .1  '11  ••  1  by  the  railroad 

nrst  approved  by  the  rauroad  commissioners  ;  and  any  commissioners. 
location  thus  granted  and  approved  l)y  the  railroad  com- 
missioners shall  be  deemed  and  taken  to  be  the  true  and 
permanent  location  of  said  elevated  railroad  and  to  give 
said  company  the  right  to  construct,  equip,  maintain  and 
operate  the  same  upon  filing  with  said  board  of  aldermen 
or  selectmen  a  written  acceptance  thereof  by  said  com- 
pany, authorized  by  the  directors  of  said  company,  together 
with  a  copy  of  the  certificate  of  compliance  of  the  commis- 
sioners provided  for  in  section  six  of  this  act,  and  a  copy 
of  the  certificate  of  approval  of  the  railroad  commissioners 
as  provided  in  section  four  of  this  act :  provided,  however.  Provisos. 
that  nothing  in  this  act  contained  shall  be  deemed  to  confer 
power  to  grant  a  location  on  Boston  common  or  upon  any 
public  park  in  any  city  or  town  ;  provided,  farther,  that 
such  Ipcation  may  be  revoked  in  whole  or  in  part  by  a  vote 


520 


1890.  —  Chapter  454. 


Railroad  to  be 
constructed, 
etc.,  within 
five  years. 


Plan  of  location 
and  form  of 
construction  to 
be  approved  by 
the  railroad 
commissioners. 


of  the  selectmen  of  such  town  or  by  a  yea  and  nay  vote  of 
two-thirds  of  the  whole  number  of  the  board  of  aldermen 
of  such  city,  if  approved  by  the  board  of  railroad  commis- 
sioners, and  upon  the  payment  by  such  city  or  town  of 
such  damage  as  may  be  sustained  by  the  said  railway 
company  by  reason  of  such  revocation,  not  including 
however  in  such  damage  the  loss  of  the  franchise  so  re- 
voked. But  nothing  herein  contained  shall  be  deemed  a 
limitation  upon  the  right  of  the  railway  company  to  peti- 
tion anew  for  a  location  that  has  once  been  refused,  or  for 
a  new  or  other  location  when  a  former  location  or  a  former 
petition  for  a  location  has  been  refused  or  lapsed  for 
any  reason,  or  a  limitation  upon  the  right  of  such  aldermen 
or  selectmen  to  grant  the  same.  Any  location  granted  to 
said  company  on  which  a  structure  has  not  been  built 
shall  be  void  unless  within  live  years  from  the  time  of 
granting  such  location  an  elevated  railroad  shall  have  been 
constructed  and  put  in  operation  thereon.  In  all  cases 
where  anything  is  or  may  be  required  or  authorized  to  be 
done  under  this  act  by  the  board  of  aldermen  by  a  majority 
or  two-thirds  vote  the  said  board  shall  first  act  thereon, 
and  such  action  shall  be  presented  to  the  mayor  for  his 
approval ;  and  the  same  proceedings  shall  be  had  as  are 
provided  in  section  forty-seven  of  chapter  four  hundred 
and  forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
fifty-four. 

Sectiox  4.  After  said  railway  company  shall  have 
obtained  an  order  for  the  location  of  an  elevated  railroad 
or  any  extension  thereof,  as  provided  in  section  three  of 
this  act,  and  before  proceeding  to  construct  the  same,  it 
shall  file  wnth  the  railroad  commissioners  a  plan  showing 
such  location  and  the  form  of  construction  proposed,  with 
such  details  as  they  may  require.  Said  commissioners 
shall  examine  the  same,  and  may  employ,  at  the  expense 
of  said  railway  company,  some  competent  engineer  with 
whom  to  consult  in  relation  thereto.  When  said  con- 
struction plans  are  satisfactory  to  said  commissioners 
they  shall  give  a  certificate  approving  the  same.  If  said 
construction  plans  as  filed  are  not  satisfactory  said  com- 
missioners may  require  them  to  be  changed  before  giving 
their  said  certificate  of  approval.  And  said  railway  com- 
pany upon  receiving  said  certificate  of  approval  and  upon 
complying  with  the  other  requirements  of  this  act  shall  be 
authorized  to  construct,  equip,  maintain  and  operate  said 


1890.  —  Chapter  454.  52 1 

elevated  railroad  or  any  extension  thereof,  according  to 
said  plans  so  approved.  Any  structure  erected  in  accord- 
ance with  said  construction  plans  may  be  modified  or 
changed  in  minor  details  from  time  to  time  by  said  railway 
company,  with  the  consent  of  said  railroad  commissioners, 
as  the  public  interests  may  require  ;  and  modifications  of 
such  details  shall  be  made  from  time  to  time  whenever 
said  board,  after  a  hearing,  decides  that  the  public  interests 
require  such  modifications. 

Section   5.      The    location,    construction,    equipment,  i;iecovery  of 

,  .  ,,     .  J      1        •!  1  ii         •        1    damages. 

maintenance  and  operation  ot  elevated  railroads  autnorizecl 
by  this  act,  upon,  through  or  over  any  street  or  way, 
shall,  as  an  entirety,  be  deemed  an  additional  servitude 
over  and  above  existing  easements  and  servitudes,  in  or 
upon  said  street  or  way,  for  which  additional  servitude 
any  damages  caused  thereby  may  be  recovered,  as  herein 
provided,  by  the  owner  of  the  fee  or  other  estate  in  that 
part  of  any  street  or  way  upon,  through  or  over  which 
said  elevated  railroads  may  be  constructed,  and  by  the 
owner  or  lessee  of  any  estate  abutting  on  that  part  of  the 
street  or  way  upon,  through  or  over  which  said  elevated 
roads  may  be  constructed.  Said  railway  company,  after  commissioners 
obtaining  the  certificate  of  approval  of  the  railroad  com-  to  estimate 'dam- 
missioners,  hereinbefore  named,  shall  file  in  the  office  of  "^*^*' '^'*^" 
the  secretary  of  the  Commonwealth  a  copy  of  such  certifi- 
cate and  a  copy  of  the  order  or  orders  of  location  granted 
by  the  aldermen  or  selectmen  ;  and  thereupon  the  governor 
with  the  advice  and  consent  of  the  council  shall  appoint 
three  disinterested  persons  as  commissioners  to  estimate 
the  damages  and  benefits,  if  any,  caused  by  the  location, 
construction,  equipment,  maintenance  and  operation  of 
said  elevated  roads,  to  said  abutters  or  other  owners  or 
lessees  as  herein  provided.  Any  vacancies  occurring  in 
said  commission  shall  l)e  filled  by  the  governor  with  the 
advice  and  consent  of  the  council.  Said  commissioners  to  fiie estimate 
shall  examine  the  property  of  such  abutting  or  other  secretary  of  the 
owners  or  lessees,  and  shall  notify  such  owners  or  lessees 
thereof  in  such  manner  as  they  may  determine,  and  within 
gix  months  from  the  time  of  their  appointment  shall  file 
WMth  the  secretary  of  the  Commonwealth  their  estimate, 
according  to  their  best  judgment,  of  the  damages,  if  any, 
caused  as  aforesaid  to  each  parcel  of  real  estate  of  said 
abutting  and  other  owners  or  lessees ;  less  the  benefit,  if 
any,  to  each  said  parcel  of  real  estate  by  reason  of  the 


Commonwealth. 


522  1890.  —  Chapter  454. 

location,  construction,  equipment,  maintenance  and  opera- 
coiporation  to    tion  of  saicl  elevated  roads.     And  said  railway  company 

obtain  release  or      ,      , ,  •    i   •  r>  i  /^  i  •  •  •  i  . 

give  boud  for  shall,  Within  ouc  year  from  the  filing  ot  said  estimate, 
damages!^"  "  obtaiu  froiii  Said  abutting  or  other  owners  or  lessees, 
respectively,  as  to  each  parcel,  either  a  release  of  said 
damages  or  their  written  consent  to  the  location,  con- 
struction, equipment,  maintenance  and  operation  of  said 
road,  or  shall  give  a  bond  to  the  parties  to  be  designated 
by  said  commissioners  and  in  a  form  to  be  prescribed, 
approved  and  in  a  sum  to  be  fixed  by  them,  as  to  each 
parcel  of  real  estate,  for  the  benefit  of  the  several  owners 
or  lessees  thereof  who  shall  apply  to  said  commissioners 
in  writing  for  the  same  within  six  months  from  the  filing 
of  said  estimate,  binding  said  company  to  pay  the  damages 
that  may  be  recovered  against  said  railway  company  as 
herein  provided,  if  said  railway  company  shall  thereafter 
construct  said  elevated  railroad ;  said  bonds  to  be  filed 
Avith  the  secretary  of  the  Commonwealth  for  the  benefit  of 
all  parties  interested  thereunder.  And  said  railway  com- 
pany upon  the  filing  of  said  estimate  shall  give  notice 
thereof  to  said  owners  and  lessees  in  such  manner  as  said 
commissioners  shall  determine.  Said  railway  company 
shall  not  be  required  to  furnish  a  surety  upon  any  of  its 
said  bonds  unless  said  commissioners  shall,  upon  a  hearing, 
adjudge  that  its  bonds  are  insufiicient :  and  if  any  surety 
is  required  to  be  furnished  said  commissioners  or  any  one 
Compensation  of  thcm  may  exaiuinc  and  approve  said  sureties.  Said 
commissionerB.  commissionei's  shall  be  paid  for  their  services  hereunder, 
including  clerk  hire  and  other  expenses,  such  a  sum  as  the 
governor  and  council  may  approve,  but  not  exceeding 
twelve  thousand  dollars  in  any  one  year,  the  same  to  be 
paid  by  said  railway  company.  The  damages,  if  any, 
which  may  be  caused  by  the  location,  construction,  equip- 
ment, maintenance  and  operation  of  said  elevated  rail- 
roads shall  not  be  deemed  to  accrue  prior  to  the  date 
of  the  filing  in  the  registry  of  deeds  of  the  acceptance 
of  location  and  certificate  provided  for  in  section  six. 
Suit  for  but    no    suit   shall    be  brought  to    recover   any  damages 

recoverv  of  .  ^  ,  ,  * 

damages.  which  may  be  caused  by  the  location,  construction,  equip- 

ment, maintenance  and  operation  of  said  road  until  the 
expiration  of  two  years  after  the  filing  in  the  ofiice  of  the 
secretary  of  the  Commonwealth  of  the  copy  of  the  order 
of  location  provided  for  in  this  section.  After  the  expi- 
ration of  said  time  an  action  may  be  brought  for  damages 


1890.  —  Chapter  454.  523 

as  herein  provided,  and  in  such  action  the  damages  to  l)e 
recovered  shall  be  for  the  location,  construction,  equip- 
ment, maintenance  and  operation  of  such  road  as  an  en- 
tirety :  provided,  hoicever,  that  if  said  company  shall  fail 
to  operate  said  railroad  in  so  much  of  the  street  or  high- 
way upon  which  the  estate  or  property  abuts,  for  damages 
to  which  the  action  is  brought,  such  action  for  damages 
may  be  maintained.     The  owner  of  the  fee  or  other  estate  Petition  for  the 
on  either  side  oi  that  part  ot  any  street  or  way   upon,  damages. 
through  or  over  which  said   elevated   railroads    may  be 
located  or  constructed,  and  the  owner  or  lessee  of  any 
estate  abutting  on  either  side  of  that  part  of  the  street  or 
way  upon,  through  or  over  which  said  elevated  railroads 
may  be  located,  constructed,    equipped,  maintained  and 
operated,  which  estate  is  damaged  as  aforesaid   by  the 
location,  construction,  equipping,  maintenance  and  opera- 
tion of  said  elevated  railroads,  may  petition  the  superior 
court  for  the  county  in  which  said  estate  is  situated,  at  any 
time  within  two  years  after  the  filing  in  the  office  of  the 
secretary  of  the  Commonwealth  of  the  copy  of  the  order 
of  location  provided  for  in  this  section,  for  the  assessment 
of  his  or  their  damages,    caused   by  the   location,   con- 
struction, equipment,  maintenance  and  operation  of  said 
elevated  railroad,  by  a  jury,  and  such  damages  shall  be 
ascertained,  determined  and  recovered  as  an  entirety  in 
the  same  manner  as  provided  in  section  one  hundred  and 
five  of  chapter  forty-nine  of  the  Public  Statutes,  and  with 
like  allowance  by  way  of  set-off  for  the  benefit,  if  any,  to 
such  estate  as  is  provided  in  section  sixteen  of  said  chap- 
ter forty-nine.     All  parties  petitioning,  interested  in  any 
one  estate,  situated  upon  the  same  street,  either  as  owners 
or  lessees,  shall  join  in  the  same  petition  and  have  but  one 
right  of  action  and  one  recovery  for  all  said  parties  and 
for  all  their  damages  for  the  location,  construction,  equip- 
ment, maintenance  and  operation  of  said  elevated  railroads, 
and  said  damages  shall  in  such  case  be  assessed  and  appor- 
tioned by  the   jury  in  the    manner   provided  in   section 
twenty-two  of  said  chapter  forty-nine  ;  and  all  proceedings 
hereunder  shall  conform  to  sections  eighteen  to  twenty- 
one  inclusive  and  sections  twenty-three  to  thirty  inclusive 
of  said    chapter   forty-nine    and    all   acts  in    amendment 
thereof  so  far  as  the  c^ame  are  applicable  and  not  already 
provided   for  by  this  act.     No  city  or  town  wherein   a  Recovery  of 
location  for  an  elevated  railroad  shall  be  granted  in  pursu-  '^^""S"*   -^ 


524 


1890.  —  Chapter  454. 


cities  and 
towns. 


Corporation  to 
give  a  bond  for 
the  construc- 
tion of  the 
railroad. 


Commissioners 
to  issue  a  certi- 
ficate of  compli- 
ance. 


Corporation  to 
file  certain 
papers  in  the 
registry  of 
deeds  before 
constructing 
railroad. 


ance  of  this  act  shall  be  entitled  to  recover  damages  for 
the  location,  construction,  equipment,  maintenance  and 
operation  of  such  railroads,  b}^  reason  of  its  ownership  of 
or  interest  in  any  pu])lic  streets,  highway,  common  or 
pai'k,  and  the  granting  of  any  location  in  any  city  or  town 
shall  be  deemed  a  waiver  thereof  by  said  city  or  town,  but 
nothing  herein  contained  shall  be  construed  to  prevent  any 
city  or  towai  from  recovering  damages  for  any  injury  done 
or  caused  l)y  the  location,  construction,  equipment,  main- 
tenance and  operation  of  such  railroad  to  any  other  estate 
or  property  which  such  city  or  town  may  own  abutting  on 
that  part  of  a  street  or  way  in,  upon  or  over  wliich  said 
elevated  railroad  shall  be  located,  constructed,  equipped, 
maintained  and  operated.  And  no  such  city  or  town 
shall  be  liable  for  any  damages  resulting  from  any  act  or 
neglect  of  said  company,  or  resulting  directly  or  indirectly 
from  the  gi anting  of  any  such  location,  construction, 
equipment,  maintenance  and  operation  of  said  elevated 
railroad.  When  said  railway  company  shall  have  accepted 
the  first  location  granted  as  aforesaid,  it  shall  tile  with  the 
secretary  of  the  Commonwealth  a  bond  in  the  sum  of  five 
hundred  thousand  dollars  to  the  cities  and  towns  included 
in  such  location,  and  for  their  benefit  in  such  amounts 
respectively  as  the  board  of  railroad  commissioners  may 
determine,  for  the  forfeiture  of  such  amounts  if  such  com- 
panies shall  not  within  two  years  from  the  acceptance  of 
such  location  construct  ready  for  operation  not  less  than 
three  miles  of  sinole  track  or  one  and  one-half  miles  of 
double  track. 

Section  6.  When  said  railway  company  has  obtained 
a  release  of  damages  or  the  consent  in  writing  of  the  abut- 
ting or  other  owners,  or  filed  the  bonds  provided  for  in 
section  five  hereof  for  the  benefit  of  parties  applying  for 
the  same  as  therein  provided,  the  commissioners  provided 
for  in  section  five  of  this  act  shall  issue  a  certificate  of  com- 
pliance that  said  releases  or  consents  have  been  oljtained, 
or  said  bonds  have  been  filed,  and  upon  the  issuing  of  said 
certificate  said  railway  company  may,  upon  and  after  filing 
for  record  in  the  registry  of  deeds  in  each  of  the  counties 
in  which  it  has  obtained  a  location,  a  copy  of  the  location 
and  of  its  acceptance  thereof  as  provided  in  section  three 
of  this  act,  together  with  a  copy-  of  the  certificate  of 
approval  of  the  railroad  commissioners  as  provided  in 
section  four  of  this  act,  and  a  copy  of  the  commissioners' 


1890.  — Chapter  454.  525 

certificate  of  compliance,  as  provided  in  this  section,  pro- 
ceed to  construct,  equip,  maintain  and  operate  said  elevated 
railroad. 

Section  7.     After  said  elevated  railroad  has  been  con-  constmctiou of 
structed,  or  any  portion  thereof,  l)ut  before  the  same  shall  apVroved°bythe 
be  open  for  public  travel,  it  shall  be  examined  by  said  mlH^onera!^' 
railroad  commissioners,  or  by  some  competent  person  to 
be  en] ployed  by  them  for  that  purpose,  but  to  be  paid  by 
said  railway  company  ;    and   if  the  same  has   been  con- 
structed in  accordance  with  the  plans  approved  by  them, 
and  shall  be  deemed  by  them  to  be  safe  for  public  travel,  , 

they  shall  give  a  certificate  to  said  railway  company  to 
that  effect,  which  certificate  shall  be  filed  for  record  in  the 
I'egistry  of  deeds  in  each  of  the  counties  in  which  said 
road  is  constructed,  and  after  such  filing  for  record  said 
railway  company  shall  be  authorized  to  open  and  maintain 
the  same  for  public  travel. 

Section  8.  Said  corporation  may  from  time  to  time  corporation 
purchase  so  much  real  estate  or  any  right  or  interest  orutife"rear^ 
therein,  and  materials,  either  within  or  without  the  limits  efevated^'''' ^""^ 
of  the  route  fixed,  as  may  be  necessary  for  the  proper  '•ai'road. 
construction,  maintenance,  operation  and  security  of  said 
elevated  railroad,  or  as  may  be  at  any  time  necessary  for 
station,  depot  purposes,  power  houses,  car  houses,  machine 
shops  or  other  pnrposes  incident  to  the  use  and  operation 
of  said  road ;  and,  if  it  is  unable  to  obtain  the  same  by 
agreement  with  the  owner,  it  may  take  the  same,  with  the 
consent  of  the  board  of  railroad  commissioners,  for  station 
and  depot  purposes,  and  for  the  construction  and  use  of 
inclined  planes,  as  provided  in  section  one,  after  it  has 
commenced  the  construction  of  said  elevated  railroad  as 
herein  provided,  by  the  right  of  eminent  domain,  by  filing 
in  the  registry  of  deeds  for  the  county  where  the  land  lies 
a  declaration  of  its  intention  so  to  do,  with  a  description 
of  the  property  so  taken  sufficient  for  identification  ;  and 
the  damages  therefor  shall,  in  case  of  disagreement  with 
the  parties  injured  by  such  taking,  be  ascertained,  deter- 
mined and  recovered  in  the  same  manner  as  is  now  pro- 
vided in  cases  where  land  is  taken  for  highways. 

Section  9.     Said  railway  company  shall  have  the  right  Harbor  and 

.  .  •  T  ,  •J^  •    ,•  1      •  T  land  commia- 

to  cross  tide-waters,  either  upon  existing  bridges  or  upon  Bioners  to  super- 
bridges  to  be  constructed  wholly  or  in  part  by  it  under  It'rucuon  of' 
the  supervision  of  the  harbor  and  land  commissioners,  in  acj|>''.wate°r?'^ 
the  same  manner  as  is  provided  in  section  eight  of  chapter 


526 


1890.  — Chapter  454. 


Common  stock 
may  be  issued 
to  the  amouQt 
of  expenses  in- 
curred, etc. 


Condition  of 
streets  to  be  re- 
stored as  soon 
as  practicable. 


Subterranean 
works  not  to  be 
interfered  with, 
except  with 
concurrence  of 
aldermen. 


Cars  may  be 
operated  by  the 
use  of 
electricity. 


nineteen  of  the  Public  Statutes  ;  any  clianges  or  altera- 
tions in  existing  bridges  over  tide-waters  necessary  to 
enable  them  to  be  used  by  said  railway  company  shall  be 
made  by  and  at  the  expense  of  said  railway  company 
under  like  supervision  ;  and  it  shall  be  subject  to  the 
same  laws,  rules  and  regulations  relating  to  the  opening 
and  closing  of  draws  over  tide-waters  by  the  city  of 
Boston  as  may  now  or  hereafter  exist  in  said  city ;  but 
said  company  shall  not  cross  tide-waters  except  upon  ways, 
highways  or  bridges  now  or  hereafter  existing,  without 
first  obtaining  the  consent  of  the  harbor  and  land  com- 
missioners. 

Section  10.  Said  railway  company,  for  the  purpose  of 
paying  the  expenses  incurred  in  constructing  and  equip- 
ping said  elevated  railroads,  and  the  introduction  of  elec- 
tricity thereon,  and  expenses  incident  thereto,  including 
in  said  expenses  the  payment  of  all  damages  provided  for 
by  and  under  this  act,  the  cost  of  real  estate,  power  plant 
and  buildings  required  in  the  maintenance  and  operation 
of  said  elevated  roads,  together  with  the  engineering  and 
other  incidental  expenses,  may  from  time  to  time  issue  its 
common  stock  to  the  amount  of  said  expenses  in  the  man- 
ner now  provided  in  sections  fifty-eight  and  fifty-nine  of 
chapter  one  hundred  and  twelve  of  the  Public  Statutes ; 
and  on  furnishing  evidence  of  such  expenses  satisfactory 
to  the  railroad  commissioners,  they  shall  from  time  to  time 
issue  certificates  permitting  such  issue  of  common  stock 
to  be  made. 

Section  11.  Whenever  said  railway  company  shall 
make  any  excavation  in  or  near  any  public  highway,  or 
shall  set  any  foundation,  pier  or  post  in  or  near  the  same, 
the  surface  of  the  street,  sidewalk  or  other  ground  ,shall 
be  restored  as  soon  as  practicable  to  the  condition  it  was 
in  before  the  excavation  was  made,  as  near  as  may  be ; 
and  no  interference  shall  be  had  with,  or  change  made  in, 
water  or  gas  mains,  or  pipes,  sewers,  drains  or  other  sub- 
terranean works,  except  with  the  consent  of  the  board  of 
aldermen  of  the  city  or  selectmen  of  the  town  in  which 
such  changes  are  made,  and  the  railway  company  shall  be 
at  the  expense  of  all  such  changes. 

Section  12.  Said  railway  company  may  operate  its 
cars  by  the  use  of  electricity,  and  may  carry  its  electric 
wires  for  the  operation  of  its  surfiice  atad  elevated  roads 
upon  or  over  the  elevated  structures  it  is  authorized  by 


1890.  — Chaptee  454.  527 

this  act  to  erect,  and  may  use  such  other  motive  power  in 
the  operation  of  its  elevated  raih-oads  as  the  raih'oad  com- 
missioners may  from  time  to  time  ai)prove. 

Section  13.     Said  railway  company  may  acquire  by  corporation 
purchase,  gift  or  lease,  private  lands  and  rights  of  way  laildH^'aud'rights 
through,  across  and  over  private  lands,  for  the  purposes  "^^^"y- 
herein  specified  or  for  purposes  necessary  for  the  main- 
tenance and  operation  of  the  surface  road  of  said  com- 
pany, and  it  is  hereby  authorized  to  construct  and  maintain 
its  tracks  and  elevated  structures  and  run  its  surface  or 
elevated  cars  over  the  same;    but  it  shall   be  liable  for  Liability  for 
damages,  if  any,  caused  to  owners  of  land  abutting  on  ''"'"'^s''^- 
that  portion  of  the  lines  of  said  elevated  railroad  which 
may  be  constructed  on  said  private  lands,  by  the  lo(,'ation, 
construction,  equipment,  maintenance  and  operation  of  an 
elevated  railroad  over  said  private  lands  or  ways,  to  be 
recovered  as  herein  provided  for  the  recovery  of  damages 
for  the  construction,  equipment,  maintenance  and  opera- 
tion of  an  elevated  railroad  through,  across  and  over  a 
public  way  or  street. 

Section  14.     Copies  of  all  locations  granted  by  any  certified  copio 
city  or  town  as  herein  provided,  certified  by  the  clerk  of  °J. "to^tTe^"^"' 
the  city  or  town  granting  the  same,  and  copies  of  all  cer-  e?kience°in  aii 
tificates  of  the  railroad  commissioners  herein  authorized,  '^''**^^- 
certified  by  the  clerk  of  the  railroad  commissioners,  and 
copies  of  the  estimate  of  damages  of  the  commissioners 
and  certificates  granted  by  and  documents  filed  with  them 
or  the   secretary  of  the  Commonwealth  provided  for  in 
sections  five  and  six  of  this  act,  certified  by  the  secretary 
of  the  Commonwealth,  shall  be  competent  evidence  in  all 
cases  equally  with  the  originals  thereof. 

Section  15.     If  said  railway  company  shall  fail  to  file  Rights  to  cease 
its  certificate  of  acceptance  of  a  location  for  an  elevated  areuo\com- 
railroad  within  two  years  from  the  first  day  of  July  in  the  ^"''''  ''''^" 
year  eighteen  hundred  and  ninety,  or  shall  fail  within  two 
years  after  the  filing  of  said  acceptance  to  construct  ready 
for  operation  not  less  than  three  miles  of  single  track  or 
one  and  one-half  miles  of  double  track  of  elevated  railroad, 
all  rights  hereunder  shall  cease. 

Section  16.     The  rate  of  fare  on  said  elevated  road  Rates  of  fare. 
shall  not  exceed  five  cents,  whether  the  ride  for  which  the 
fare  is  charged  be  upon  the  elevated  road  alone  or  for  a 
continuous  ride  in  the  same  car  partly  upon  the  elevated 
road  and  partly  upon  the  surface  road  of  the  said  company, 


528  1890.  —  Chapter  4:55. 

and  the  rate  of  fare  for  a  transfer  to  or  from  a  car  running 
partly  on  the  elevated  road  and  partly  on  the  surface  road 
of  said  company  to  or  from  a  car  running  only  on  the 
surface  road  of  said  company  shall  not  exceed  the  rate  of 
fare  now  or  hereafter  charged  for  a  transfer  between  the 
same  points  to  or  from  cars  running  only  upon  the  surface 
road  of  said  company. 
Suits  for  8ECTIOX  17.     Any  person  entitled   under   this  act  to 

damages.  .  .       ,         ,  ^  ,  . 

bring  a  suit  tor  damages,  which  tails  of  a  sufficient  service 
or  return  by  an  unavoidable  accident,  or  which  has  been 
brought  in  the  wrong  venue,  or  the  writ  or  petition  in 
which  is  abated  or  defeated  in  consequence  of  a  defect  in 
the  form  thereof  or  because  the  proper  parties  have  not 
been  introduced  or  the  necessary  parties  joined,  or  the 
judgment  in  which  is  arrested,  after  a  verdict  for  the  plain- 
tifl",  may  commence  a  new  suit  for  the  same  cause  at  any 
time  within  six  months  after  the  abatement  or  other  deter- 
mination of  the  original  suit;  and  a  person  who  omits  to 
file  his  petition  for  a  jury  for  the  assessment  of  damages 
as  provided  by  this  act  within  the  time  provided  herein, 
and  who  has  not  received  at  least  sixty  days'  actual  notice 
of  the  proceedings  whereby  he  is  entitled  to  such  damages, 
may  within  six  months  after  the  actual  construction  of  the 
said  railroad  in  so  nmch  of  the  street  or  highway  upon 
which  the  estate  or  property  abuts  (for  damages  to  which 
he  seeks  to  recover)  file  his  petition  for  assessment  thereof 
by  a  jury  in  the  superior  court. 

Section  18.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  2,  1890. 

ChCl7)A55  ^^  ^'^^  MAKING  AN  APPROPRIATION  FOR  EXTRA  COMPENSATION 
FOR  THE  DOORKEEPERS,  MESSENGERS  AND  PAGES  OF  THE 
PRESENT  LEGISLATURE  AND  FOR  THE  CLERK  AND  MESSENGERS 
OF    THE    SERGEANT-AT-ARMS. 

Be  it  enacted,  etc.,  as  follows: 

Appropriation.  SECTION  1.  The  sum  hereinafter  mentioned  is  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  for  the  payment  of 
extra  compensation  to  the  doorkeepers,  messengers  and 
pagds  of  the    present  legislature,  and  to  the  clerk  and 

Doorkeepers,     messeno:ers  of  the    seri^eant-at-arms,   to  wit: — For  the 

messengers  and  ^j.      £•         i.  '"'  i.'         j.       2.^         3  1 

pages.  payment  ot  extra  compensation  to  the  doorkeepers,  mes- 

sengers and  pages  of  the  present  legislature,  and  to  the 


1890.  —  Chapter  456.  529 

clerk  and  messengers  of  the  sergeant-at-arras,  a  sum  not 
exceeding  thirt^'-fcmr  hundred  and  sixty-eight  dollars,  as 
authorized  by  a  resolve  of  the  present  year. 

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

Approved  July  2,  1S90. 

An  Act  to  regulate  the  employment  of  legislative  counsel  Q/iapA^Q 

AND    AGENTS    AND    TO     PROVIDE    FOR     RETURNS     OF    LEGISLATIVE 
EXPENSES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Every  person,  private  or  public  corpora- N'ames of  legis- 

ItitivG  couusgI 

tion  or  association  which  employs  or  agrees  to  employ  any  and  aaeuts  to  be 

,  .  ,  i   j^  J.  •       entered  oa 

person  to  act  as  counsel  or  agent  to  promote  or  oppose  in  legislative 
any  manner,  directl}'  or  indirectly,  the  passage  by  the  '^°"'''''^«- 
general  court  of  any  legislation  aflecting  the  pecuniary 
interests  of  any  individual,  association  or  private  or  pub- 
lic corporation  as  distinct  from  those  of  the  whole  people 
of  the  Commonwealth,  or  to  act  in  any  manner  as  a  legis- 
lative counsel  or  agent  in  connection  with  any  such 
legislation,  shall,  within  one  week  of  the  date  of  such 
employment  or  agreement  therefor,  cause  the  name  of  the 
person  so  employed  or  agreed  to  be  employed  to  be 
entered  upon  a  legislative  docket  as  hereinafter  provided  ; 
and  it  shall  also  be  the  duty  of  the  person  so  employed  or 
agreed  to  be  employed  to  enter  or  cause  to  be  entered  his 
name  upon  such  docket.  Upon  the  termination  of  subh 
employment  such  fact  may  be  entered  opposite  the  name 
of  any  person  so  emploj^ed,  either  by  the  employer  or  by 
the  person  employed. 

Section  2.     The  ser":eant-at-arms  of  the  general  court  sergeant-at- 

1      11  II  1        ■    1       •  1111-       aimu  to  keep 

shall  prepare  and  keep  two  legislative  docket  books  in  docketsof  legis- 
conformity  with  the  provisions  of  this  act.  One  of  such  aud  agents." 
books  shall  be  known  as  the  docket  of  legislative  counsel 
before  committees,  and  the  other  as  the  docket  of  legisla- 
tive agents.  In  the  docket  of  legislative  counsel  shall  be 
entered  the  names  of  counsel  employed  to  appear  at  a 
public  hearing  before  a  committee  of  the  general  court  for 
the  purpose  of  making  an  argument  or  examining  wit- 
nesses, and  also  the  names  of  any  regular  legal  counsel 
of  corporations  or  associations  who  act  or  advise  in  rela- 
tion to  legislation ;  in  the  docket  of  legislative  agents 
shall  be  entered  the  names  of  all  agents  employed  in  con- 
nection with  any  legislation  included  within  the  terms  of 
section  one  of  this  act,  and  of  all  persons  employed  for 


530  1890.  —  Chapter  4:56. 

Names,  etc.,  to   other  purposes  who  render  any  services  as  such  ao-ents. 

doc^ketT*^  *"  In  such  dockets  there  shall  be  entered  the  name  and  busi- 
ness address  of  the  employer,  the  name,  residence  and 
occupation  of  the  person  employed,  the  date  of  the  em- 
ployment or  agreement  therefor,  the  length  of  time  that 
the  employment  is  to  continue,  if  such  time  can  be  deter- 
mined, and  the  special  subject  or  subjects  of  legislation, 
if  any,  to  which  the  employment  relates. 

Additioiiai en-        SECTION  3.     Any  pcrson,  Corporation  or  association  em- 

tries  to  be  made  .  ^         J    L  ^  l 

in  dockets.  ploying  Ruy  legislative  counsel  or  agent  shall,  trom  time  to 
time  as  fast  as  subjects  of  legislation  are  introduced  or  arise 
which  such  counsel  or  agent  is  to  promote  or  oppose,  make 
or  cause  to  be  made  additional  entries  under  his  or  its 
name  in  the  appropriate  docket,  stating  such  special  em- 
ployment and  specifically  referring  to  the  petitions,  orders, 
bills  or  other  subjects  of  legislation  to  which  the  same 
relates,  and  such  entries  shall  also  be  made  opposite  the 
names  of  such  counsel  or  agents,  in  such  manner  that 
the  entries  opposite  the  name  of  any  employer  shall 
show  all  the  subjects  of  legislation  in  relation  to 
which  any  council  or  agent  is  employed  by  him, 
and  so  that  the  entries  opposite  the  name  of  every 
person  employed  shall  show  all  the  subjects  of  legis- 
lation with  reference  to   which  such   person  is  employed. 

Noperson  to  be  ;p»fo  pei-gon  shall   be   allowed   to  appear  as  counsel   before 

employed  ns  >■  .  n      i  i  /••ii 

counsel  or  agent  avw  committce  01  the   general  court  or  of  either  branch 

unless  his  name   .1  ,•     •  i.    i        ^  1        •    1    i-  •  •*!  •        j-1 

ie  entered.  thorcot,  lu  rcspcct  to  any  legislation  coming  within  the 
terms  of  section  one  of  this  act,  unless  his  name  duly 
appears  upon  the  docket  of  legislative  counsel  as  employed 
in  respect  to  such  matter  as  above  provided.  No  person, 
private  or  public  corporation  or  association  shall,  directly 
or  indirectly,  employ  any  person  as  legislative  counsel  or 
agent  in  respect  to  any  legislation  coming  within  the  terms 
of  section  one,  unless  the  name  of  such  person  is  duly 
entered  on  the  legislative  docket  as  provided  ])y  this  act ; 
and  no  person  shall  act  in  any  manner  as  legislative  coun- 
sel or  agent  in  respect  to  any  legislation  coming  within 
the  terms  of  section  one  of  this  act,  unless  his  name  duly 
appears  upon  the  legislative  docket  as  herein  provided  as 
employed  in  connection  with  such  legislation.  No  person 
shall  be  employed  as  a  legislative  counsel  or  agent  for  a 
compensation  dependent  in  any  manner  upon  the  passage  or 
defeat  of  any  proposed  legislation  or  upon  any  other  contin- 
gency connected  with  the  action  of  the  general  court,  or  of 


3800.  — Chapter  456.  531 

either  l)rancli  thereof,  or  of  any  committee  thereof.  No 
person  whose  name  is  entered  on  the  docket  of  legislative 
counsel  shall  render  any  service  as  legislative  counsel  or 
agent  otherwise  than  by  appearing  before  a  committee,  as 
aforesaid,  and  by  doing  work  properly  incident  thereto, 
or  by  giving  legal  advice  in  the  case  of  regular  legal  coun- 
sel of  corporations  or  associations,  unless  his  name  is  also 
entered  on  the  docket  of  legislative  agents. 

Sectiox  4.     The  general  court  may  provide  by  rules  General  court 
or  otherwise    tor   turther  regulatins'   the  eraijloyment  ot  the  employment 

I        •    1    J  •  1  T  .         ,'        a\"  1    x-  i?  <'f  counsel  aiid 

legislative  counsel  and  agents,  tor  tlie  manner  and  torm  ot  agents. 
keeping  such  legislative  dockets,  and  for  disbarring  any  Disbarment. 
person  from  employment  in  the  capacity  of  a  legislative 
counsel  or  agent,  provided  that  such  person  be  allowed 
a  hearing  before  a  committee  or  otherwise  upon  the  ques- 
tion of  such  disbarment  and  that  cause  be  shown  therefor. 
No  person,  private  or  public  corporation  or  association 
shall  employ  any  person  as  legislative  attorney  or  agent 
within  the  period  of  three  years  of  his  disbarment  as  above 
provided.  Any  person  regularly  or  professionally  em- 
ployed as  a  legislative  agent  may  cause  his  name  to  be 
entered  upon  a  list  of  such  agents,  which  shall  be  kept  by 
the  sergeant-at-arms  in  connection  with  said  docket. 
When  any  person  is  disbarred  from  employment  as  a 
legislative  agent,  as  above  provided,  his  name  shall  be 
stricken  from  such  list  and  shall  not  again  be  placed  thereon 
within  the  period  of  three  years. 

Section  5.  The  legislative  dockets  for  each  year  shall  j^g^a^S.^ng 
be  closed  upon  the  prorogation  of  the  general  court,  and  of  the  dockets. 
the  dockets  for  the  ensuing  year  shall  then  be  opened. 

Sectiox  6.  Within  thirty  days  of  the  prorogation  of  f,'^P'°Sent 
the  general  court  every  person,  private  or  public  corpora-  of  expenses 

•-  ..  1  ii'i         with  the  secre- 

tion or  association,  whose  name  appears  upon  the  legisla-  tary&f  theCom- 

tive  dockets  of  the  session  as  employing  any  legislative  ™''°"^®^ 
counsel  or  agent,  shall  render  to  the  secretary  of  the  Com- 
monwealth a  full,  complete  and  detailed  statement,  sw^orn 
to  before  a  justice  of  the  peace  by  the  person  making  the 
same,  or  in  the  case  of  a  corporation  by  its  president  or 
treasurer,  of  all  expenses  paid  or  incurred  by  such  person, 
private  or  public  corporation  or  association,  in  connection 
with  the  employment  of  legislative  counsel  or  agents,  or 
in  connection  with  promoting  or  opposing  in  any  manner, 
directly  or  indirectly,  the  passage  by  the  general  court  of 
any  legislation  coming  within  the  terms  of  section  one  of 


532 


1890.  — Chapter  456. 


Form  of  ac- 
counts. 


Penalties. 


Not  to  affect 
the  representa- 
tion of  cities 
and  towns  by 
their  eolicitorg. 


this  act.  Corporations  shall  render  such  accounts  in  such 
form  as  may  be  prescribed  or  approved  by  the  commis- 
sioner of  corporations,  and  individuals,  in  such  form  as 
may  be  prescribed  or  approved  by  the  secretary  of  the 
Commonwealth,  Such  reports  when  filed  shall  be  open 
to  public  inspection. 

Section  7.  Any  person,  private  or  public  corporation 
or  association  which  shall  violate  any  provision  of  this  act 
shall  for  each  offence  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars.  Any  person 
who  shall  act  as  legislative  counsel  or  agent  contrary  to 
the  provisions  of  this  act  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  and 
shall  be  disbarred  from  acting  in  the  capacity  of  a  legisla- 
tive counsel  or  agent  for  the  period  of  three  years  from  the 
date  of  such  conviction.  It  shall  be  the  duty  of  the 
attorney-general,  upon  information,  to  bring  prosecutions 
for  the  violation  of  the  provisions  of  this  act. 

Section  8.  Nothing  herein  contained  shall  be  construed 
to  affect  the  employment  by  any  city  or  town  of  any  city 
or  town  solicitor  to  represent  said  city  or  town  before  the 
legislature  or  any  of  its  committees. 

Approved  July  2, 1S90. 


1890.  — Chapters  1,  2,  3.  533 


RESOLVES. 


Resolve  authorizing  the  publication  of  a  bulletin  of    com-  (JJidf)^      \ 

MITTEE   HEARINGS. 

Resolved,  That  the  committee  on  rules  be  authorized  miue"he°an^ngs! 
to  pubh'sh  twice  a  week  or  oftener  a  bulletin  of  the  mat- 
ters assiofned  for  hearing.s  before  committees,  and  be 
authorized  to  employ  clerical  assistance  at  an  expense  not 
to  exceed  five  hundred  dolhirs  for  preparing  the  same, 
and  to  have  it  printed  by  the  state  printers.  All  bills 
contracted  under  this  resolve  shall  be  paid  on  approval  of 
the  sergeant-at-arms.  Approved  January  10,  1890. 

Resolve   authorizing  the  treasurer    to   borrow   money   in  (JJidy),      2 

ANTICIPATION   OF   REVENUE. 

Resolved,  That   the  treasurer  and  receiver-general    be  Treasurer  may 

1     1  '      \  1  I'lii  .  '^     .    .        ,.  borrow  money 

and   he  is  hereby  authorized  to  borrow,  in   anticipation  in  anticipation 

of  the  receipts  of  the  present  year,  such  sums  of  money  ° 

as  may  from  time  to  time  be  necessary  for  the  payment 

of   the  ordinary  demands  on    the  treasury,  at    any  time 

before  the  expiration  of  fifteen  days  after  the  meeting  of 

the  next  general  court,  at  such  rates  of  interest  as  shall  be 

found  necessary  ;  and    that   he  repay  any  sums  he  may 

borrow  under  this  resolve  as  soon  as  money  sufficient  for 

the  purpose,  and    not    otherwise    appropriated,  shall    be 

received  into  the  treasury.     Approved  January  17,  1890. 


Resolve  providing   for   printing  five    hundred  additional 

COPIES     OF     the     report     OF     THE     COMMISSIONERS    ON     INLAND 
FISHERIES   AND   GAME. 


Chap. 


Resolved,  That  there  be  printed  five  hundred  additional  Sonerorn- 

nraissioners  on  inland  fishe 
-id  commissioners. 
Approved  February  7,  1890. 


copies  of  the  report  of  the  commissioners  on  inland  fisher-  ''''"'  hshenes 
les  and  orame  tor  the  use  of  said  commissioners. 


534 


1890.  —  Chapters  4,  5,  6. 


Chcin.      4  Resolve  to  provide  for  re- printing  certain  documents  de- 
stroyed BY  fire. 


Documents  de- 
stroyed by  fire. 


Resolved,  That  there  be  re-printed  five  hundred  copies 
of  each  of  the  documents,  for  the  year  eighteen  hundred 
and  eighty-nine,  hereinafter  named,  for  the  purpose  of 
enabling  the  secretary  of  the  Commonwealth  to  complete 
the  sets  of  public  documents  to  be  distributed  under  his 
direction,  as  provided  by  cha[)ter  four  hundred  and  forty 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine, 
viz.:  — 

Report  of  secretary  of  the  state  board  of  education. 
Report  of  librarian  of  state  library.  Report  of  secretary 
of  state  board  of  agriculture.  Report  of  treasurer  and 
receiver-general.  Report  of  auditor  of  accounts.  Report 
of  adjutant-general.  Report  of  savings  bank  commission- 
ers. Report  of  insurance  commissioner,  fire  and  marine, 
and  life.  Abstract  of  returns  of  corporations.  Report 
of  harbor  and  land  commissioners.  Report  of  attorney- 
general.  Report  of  board  of  commissioners  of  prisons. 
Report  of  railroad  commissioners.  Report  of  tax  com- 
missioner. Report  of  state  board  of  health.  Report  of 
state  board  of  lunacy  and  charity.  Report  of  trustees 
of  state  primary  and  reform  schools. 

A}3proved  Fehniary  7,  1890. 


Chap.    5 

Annuily  lo 

Patrick 

Buckley. 


Resolve  in  favok  of  Patrick  buckley. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Patrick  Buckley  of 
North  Adams,  an  annuity  of  one  hundred  and  twenty- 
five  dollars,  for  the  term  of  five  years,  for  injuries  sus- 
tained at  the  Hoosac  tunnel  while  in  the  employment  of 
the  Commonwealth.  Approved  February  7,  1890. 


Chcip.  6  Resolve  providing  for  the  printing  of  one  thousand  extra 
COPIES  of  the  report  of  the  commissioner  on  public  records 
OF  parishes,  towns  and  counties. 


Report  of  com- 
mihsioiier  on 
public  records, 
etc. 


Resolved,  That  one  thousand  extra  copies  of  the  second 
report  of  the  commissioner  on  public  records  of  parishes, 
towns  and  counties  be  printed,  to  be  distributed  under  the 
direction  of  said  commissioner. 

Approved  February  7,  1890. 


1890.  —  Chapters  7,  8,  9.  535 


KESOtVE    IX     FAVOR   OF  THE    ADMINISTFtATRIX   OF    THE    ESTATE    OF   (JJidj)  7 

JOSHUA   L.    I).     HOWERMAN. 

Remlved,  That   there  be  allowed  and  paid  out  of  the  AtiminiBtrainx 
treasury  of  the  Commonwealth    to  the  administratrix  of  joshuaL^D. 
the  estate  of  Joshua  L.  D.  Bowerman,  the  sum  of  seven 
hundred   and    eighty-one    dollars,   being   the    amount   to 
which  said  Bowerman  would  have  been  entitled  had  he 


liowennan. 


lived  to  perform  the  duties  as  a  member  of  the  house  of 
representatives,  to  which  he  had  been  elected  and  quali- 
fied, for  the  year  eighteen  hundred  and  eighty-nine. 

Aj^proved  February  7,  1890. 

Resolve  providing  for  the  payment  of  sewer  assessments  (JJinr)       ft 

ON    THE     property    OF   THE    COMMONWEALTH   IN    THE     CITY     OF 
WORCESTER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  to  the  city  of  Worcester,  sewera^ess." 
the  sum  of  one   hundred  and   twenty-seven    dollars  and  ,Troperty  iTthe 
sixty-eight  cents,  for  sewer  assessment  on  account  of  land  Worcester. 
held  by  the  trustees  of  the  Worcester  lunatic  hospital, 
belonging  to  the  Commonw^ealth  ;  and  the  further  sum  of 
four  hundred  and    ninety-three  dollars  and  seventy-four 
cents,  for  sewer  assessment  on  account  of  land  occupied 
by  the  state  normal  school  in  the  city  of  Worcester,  be- 
longing to  the  Commonwealth. 

Approved  February  12,  1890. 

Resolve  in  favor  of  john  cowan.  Chcin.      9 

Resolved,  That  John  Cowan  of  Boston,  who  served  in  johnCowaa 
the  war  of  the  rebellion  as  chaplain  in  the  sixth  regiment  ceive  mliitrry 
of  heavy  artillery,  New  York  volunteers,  from  the  first  ''*'*• 
day  of  July  in  the  year  eighteen  hundred  and  sixty-four 
until  the  nineteenth  day  of  July  in  the  year  eighteen  hun- 
dred  and  sixty-five,  who  was  a  citizen  of  the  Common- 
wealth   of   Massachusetts  at  the  date  of  his  enlistment, 
shall,  from  and  after  the  first  day  of  January  of  the  present 
year,  be  eligible  to  receive  military  aid  under  the  provisions, 
rules  and   limitations  of  the  laws  relating  thereto,  in  the 
same  manner  and  to  the  same  extent  that  he  would  have 
been  eligible  had  he  served  to  the  credit  of  Massachusetts. 

Approved  February  12,  1890. 


536 


1890.  —  Chapters  10,  11,  12. 


(JJldj),  10  Resolve  in  favor  of  henry  j.  gibson.  • 

Henry  J.  Gib-         Resolved,  That  Henry  J.  Gibson,  who  served  in  the  war 

Bon  eligible  to  in.  i  /.  -rt      n 

receive  state  or  ot  the  rebellion  as  a  member  of  company  B,  first  regmient 
miiaryai  .  ^^  heavj  artillery,  New  Hampshire  volunteers,  from  the 
nineteenth  clay  of  September  in  the  year  eighteen  hundred 
and  sixty-three  until  the  eleventh  day  of  September  in  the 
year  eighteen  hundred  and  sixty-five,  and  who  was  then 
and  is  now  a  citizen  of  this  Commonwealth,  shall,  from 
and  after  the  first  day  of  January  of  the  present  year,  be 
eligible  to  receive  state  or  military  aid  under  the  pro- 
visions, rules  and  regulations  of  chapters  two  hundred 
and  seventy-nine  and  three  hundred  and  one  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine,  in  the  same 
manner  and  to  the  same  extent  that  he  would  have  been 
entitled  had  he  served  to  the  credit  of  this  Commonwealth. 

Approved  February  20,  1890. 

CJlClT).   11  Resolve  in  favor  of  edwin  webster. 

^r  "^'m  y^^^'^""       Besolved,  That  Edwin  Webster, who  served  in  the  United 

eligible  to  re-  '  ,  '  _ 

eeive military     Statcs  navy  duvinof  the  war  of  the  rebellion  as  an  acting 

aid.  .  *^  ~  ~ 

assistant  paymaster,  shall,  from  and  after  the  first  day  of 
January  in  the  year  eighteen  hundred  and  ninety,  be 
eligible  to  receive  military  aid  under  the  provisions,  rules 
and  regulations  of  chapter  two  hundred  and  seventy-nine 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine, 
in  the  same  manner  and  to  the  same  extent  that  he  would 
have  been  entitled  had  he  served  to  the  credit  of  this 
Commonwealth.  Approved  February  20,  1890. 


QJlCip.   12  Resolve  relating  to  the  eleventh   census   of   the   united 

STATES. 

bureauof'^elv         Besolvecl,  That  the  chief  of  the  bureau  of  statistics  of 
tieiics  of  labor    ]abor  be  and  he  is  herel)v  authorized  to  accept  the  appoint- 

may  be  ap-  .  .  "^  ,  i 

pointed  state      mcut  of   supcrvisor,  tor  this  state,  ot  the  eleventh  census 

the  United"       of  the  United   States;  and  that  in  the  prosecution  of  the 

Btatee  census,     dutjgg  pertaining  to  such  supervisorship  he  may  use  the 

rooms  of  said  bureau  :  provided,  that  the  provisions  of 

this  resolve  shall  in  no  way  inteifere  with  the  work  of  said 

bureau.  App)roved  February  21,  1890. 


1890.  — Chapters  13,  14,  15,  16.  537 


Resolve  providing  for  printing  one  thousand  extra  copies  (JJiap.   13 

OF  THE  second  ANNUAL  REPORT  OF  THE  CONTROLLER  OF  COUNTY 
ACCOUNTS. 

JResoJved,  That   there  be  printed  one    thousand    extra  Extra  copies  of 
copies  of  the  second  jmnual   report  of  the  controller  of  troiier  of  county 
county    accounts,    without    the    statistical    tables ;    three  *''*^°"°  *• 
hundred    copies    for   the    use    of  the  controller    and    the 
balance  to  be  distributed  by  the  secretary  of  the  Com- 
monwealth. Approved  February  24,  1890. 

Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in  (JJidj)^   14 

»IASSACHUSETTS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the    Commonwealth    to   the    trustees  of  the  sokuere- home 
soldiers'  home  in  Massachusetts,  the  sum  of  twenty- live  chiisetfs'!' 
thousand  dollars,  the  same  to  be  used  towards  the  main- 
tenance of  a  home  for  deserving  soldiers  and  sailors. 

Approved  February  24,  1890. 

Resolve  in  favor  of  mart  a.  hall.  Ghaj).   15 

Resolved,  That  Mary  A.  Hall,  widow  of  James  T.  B.  ^fjjy.^io^^e" 
Hall  who  was  a  private  in  company  E,  ninth  regiment  of  ceive  state  aid. 
Vermont  volunteer  infantry  during  the  war  of  the  rebel- 
lion, and  was  honorably  discharged  therefrom  and  has 
since  died,  shall,  from  and  after  the  first  day  of  February 
in  the  year  eighteen  hundred  and  ninety,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  to  the  same  extent 
that  she  would  have  been  entitled  had  her  husband  served 
to  the  credit  of  this  Commonwealth. 

Ap>proved  February  27,  1890. 

Resolve  providing  for  printing  extra  copies  of  the  report  j^-i  -jr. 

OF     THE    commissioners    ON     THE    TOPOGRAPHICAL     SURVEY    OF  J-   ' 

MASSACHUSETTS. 


com- 
mlBBioners  on 


Resolved,  That  there  be  printed  five  hundred  additional  ^ffJJonen 
copies  of  the  report  of  the  commissioners  on  the  topo-  tiietppo- 

trrftpiiiC'i  1  8u  r* 

graphical    survey   of  Massachusetts    for  the  use  of  said  veyinMassa- 

•      •  chusetts 

commissioners.  Approved  February  27,  1890. 


state  aid. 


538  1890.  —  Chapters  17,  18,  19. 


Chctp.   17  Resolve  in  favor  of  Bridget  f.  mollihan. 

B''d?etF  Resolved,   That  Brido^et  F.  Mollihan,  widow  of  Peter 

Mollihan  eligi-       -.ruM  i  •  -» 

bie  to  receive  Mollihan  who  was  a  resident  of  Lowell,  Massachusetts, 
prior  to  his  enlistment  and  after  his  discharge,  and  died 
on  the  sixth  day  of  March  in  the  year  eighteen  hundred 
and  seventy-five,  who  served  in  company  G,  thirty-third 
regiment.  United  States  infantry,  during  the  war  of  the 
rebellion,  shall,  from  and  after  the  first  day  of  February 
of  the  present  year,  be  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapter  three 
hundred  and  one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  in  the  same  manner  and  to  the  same 
extent  she  would  have  been  entitled  had  her  late  husband 
served  to  the  credit  of  this  Commonwealth  and  died  of 
disease  resulting  from  such  service. 

Approved  March  6,  1890. 


CJiCip.   18  Resolve  in  favor  of  francis  hegner. 

fiigibt%?7e°"  Resolved,  That  Francis  Hegner  of  Boston,  father  of 
ceive  state  aid.  Joseph  T.  Hegner  who  served  in  company  B,  second 
regiment,  heavy  artillery,  Massachusetts  volunteers,  in 
the  war  of  the  rebellion,  and  is  now  insane  and  confined 
in  the  state  lunatic  asylum  at  Taunton,  shall,  from  and 
after  the  first  day  of  February  of  the  present  year,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules  and 
limitations  of  chapter  three  hundred  and  one  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine,  in  the  same 
manner  and  to  the  same  extent  that  he  would  have  been 
eligible  had  he  received  state  aid  prior  to  the  eleventh  day 
of  April  in  the  year  eighteen  hundred  and  sixty-seven 
and  had  been  precluded  therefrom  by  the  provisions  of 
the  act  of  that  date.  Approved  March  6,  1890. 

OJiap.    19  Resolve  in  favor  of  samuel  t.  ckosby. 

SaiTiLTT^  -Z?e.so/i'ef?,  That  the  attorney-general  be  and  he  is  hereby 

Crosby.  authorized  to  make  arrangements  with  Samuel  T.  Crosby 

of  Hingham  for  a  formal  transfer  to  the  Commonwealth 
of  certain  ancient  manuscripts  and  documents  formerly 
in  said  Crosby's  possession,  claimed  and  taken  possession 
of  by  the  Commonwealth  by  a  replevin  suit.  In  con- 
sideration of  said  transfer,  and  the  withdrawal  of  a  suit 
in  the  superior  court  for  -the  recovery  of  the  same,  the 


1890.  — Chapters  20,  21,  22.  539 

attorney-general  is  authorized  to  pay  said  Crosby  a  sum 
not  exceeding  three  hundred  doHars,  which  sum  shall  be 
allowed  and  paid  out  of  the  treasury  of  the  Commonwealth. 

Approved  March  6*,  1890. 

Resolve  in  favor  of  the  Massachusetts  charitable  eye  and  (JJidjy^   20 

EAR  infirmary. 

Resolved,  That  the  sum  of  fifteen  thousand  dollars  be  in  favor  of  the 
allowed  and  paid  from  the  treasury  of  the  Commonwealth  chaTuabi'^eye 
to  the  Massachusetts  charitable  eye  and  ear  iniirmary,  to  fna^^^ary. 
be  expended  under  the  direction  of  the  managers  thereof, 
for  the  charitable  purposes  of  said  infirmary  for  the  present 
year ;  and  the  said  managers  shall  make  report  of  such 
expenditures  to  the  state  board  of  lunacy  alid  charity. 

Approved  3Iarch  6,  1890. 


Resolve  to  confirm  the  acts  of  melancthon  w.  burlen  as  a  fjlirij)    91 

JUSTICE   of  the   peace. 

Resolved,  That  all  acts  done  by  Melancthon  W.  Burlen  Meiancthon  w. 
as  a  justice  of  the  peace,  between  the  ninth  day  of  Nov-  ^illi^^^l^r 
vember  in  the  year  eighteen  hundred  and  eighty-nine  and  acts  coutinued. 
the  twenty-second  day  of  January  in  the  year  eighteen 
hundred  and  ninety,  are  hereby  confirmed  and  made  valid 
to  the  same  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  office. 

Ap2)roved  March  6,  1890. 


Resolve  providing  for  completing  and  furnishing  the  hos-  rij  f,^-.     oo 

PITAL    accommodations    FOR    MEN    AND    MOVING    THE    BARN    AT  1  '     " 

THE  STATE   ALMSHOUSE   AT   TEWKSBURY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  almshouse 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ^tTewksbury. 
thirteen  thousand  five  hundred  dollars,  the  same  to  be 
expended  under  the  direction  of  the  trustees  and  superin- 
tendent of  the  state  almshouse  at  Tewksbury,  for  the 
following  purposes :  for  completing  and  furnishing  the 
additional  hospital  accommodations  for  men  at  said  alms- 
house, a  sum  not  exceedino;  eight  thousand  five  hundred 
dolhirs  ;  for  the  removal  and  repair  of  the  barn  at  said 
almshouse,  a  sum  not  exceeding  five  thousand  dollars. 

Approved  March  10,  1890. 


540  1890.  —  Chapters  23,  24,  25,  2G. 


Chap.   23  Resolve  in  favor  of  Lemuel  burr. 

Lemuel  Burr.  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Lemuel  Burr  of  Cam- 
bridge, Massachusetts,  the  sum  of  one  hundred  and  fifty 
dollars,  in  consideration  of  his  care  of  and  attention  to 
his  late  mother  and  aunt,  who  were  members  of  the 
Ponkapoag  tribe  of  Indians  and  were  formerly  bene- 
ficiaries of  this  Commonwealth. 

Approved  March  10,  1890. 

Chap.   24  Resolve  to  authorize  the  appointment  of  a  commission  to 
inquire  into  the  authenticity  of  the  bust  in  DORIC  hall 

MARKED  SAMLW;L  ADAMS. 

hiquireTnt'o  the       Hesolvecl,  That  the  governor  appoint  a  commission,  to 
authenticity  of    cousist  of  three  Dcrsons,  to  inquire  into  the  authenticity 

the  bust  in  />,ii  .tx'ih  iin  iai  t^ 

Doric  hall         ot  the  bust  HI  Doric  hall  marked  feamuei- Adams,  and  to 
AdLms.  """"^    report  to  the  next  general  court  whether  said  bust  is  rightly 
named  or  not.     Said  commissioners  shall  serve  without 
pay.  Approved  March  10,  1890. 

Chap.   25  Resolve  in  favor  of  drusilla  eliza  allen. 

?n"'"r^K,'''\        Resolved,  That  Drusilla  Eliza  Allen,  widow  of  the  late 

Allen  eligible  to  '  .  . 

receive  state  Frederick  B.  Allen  who  served  in  the  United  States  navy 
during  the  war  of  the  rebellion  as  an  acting  ensign  and 
who  died  since  his  discharge  from  service,  shall,  from  and 
after  the  first  day  of  February  of  the  present  year,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  in  the 
same  manner  and  to  the  same  extent  she  would  have  been 
entitled  had  her  husband  served  to  the  credit  of  this  Com- 
monwealth. Approved  March  10,  1890. 


aid. 


Chap.   26  Resolve  in  favor  of  levi  and  sarah  h.  guilford. 

Levi  and  Sarah        Resolved,  That  Lcvi  and  Sarah  H.  Guilford  of  Danvers, 

H.  Guilford  i/«i  1  I  n  I'  1  1 

eligible  to  re-  Massachusctts,  lather  and  mother  of  four  sons  who  served 
in  the  war  of  the  rebellion  as  follows:  John  C.  Guilford, 
who  was  a  member  of  company  H,  eleventh  regiment, 
infantry,  also  of  company  I,  first  regiment,  heavy  artil- 
lery, Massachusetts  volunteers  and  died  at  Andersonville 
on  the  second  day  of  February  in  the  year  eighteen  hun- 


1890.  — Chapters  27,  28,  29.  541 

dred  and  sixty-five;  Charles  H.  Guilford,  who  was  a 
member  of  company  H,  eleventh  regiment,  infantry, 
Massachusetts  volunteers  and  was  killed  at  Gettysburg  on 
the  second  day  of  July  in  the  year  eighteen  hundred  and 
sixty-three  ;  Levi  S.  Guilford,  who  was  a  member  of  com- 
pany H,  eleventh  regiment,  infantry,  and  Jacob  O.  Guil- 
ford, who  was  a  member  of  company  A,  thirty-ninth  regi- 
ment, infantry,  Massachusetts- volunteers,  both  of  whom 
have  died  since  their  discharge  from  service,  shall,  from  and 
after  the  first  day  of  February  of  the  present  year,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules  and 
limitations  of  chapter  three  hundred  and  one  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine,  in  the  same 
manner  and  to  the  same  extent  as  they  would  have  been 
entitled  had  they  drawn  aid  prior  to  the  eleventh  day  of 
April  in  the  year  eighteen  hundred  and  sixty-seven  and 
had  been  precluded  therelrom  by  the  provisions  of  that  act. 

Ajyproved  March  10,  1890. 


Chaj).  27 


Resolve  providing  for  printing  additional  copies  of  part 
second  of  the  report  of  tue  insurance  commissioner  con- 
cerning life  insurance. 

Besolved,  That  there  be  printed  five  hundred  additional  Report  of  the 

'  i  ...  insurance  com 

copies  of  part  second  of  the  report  ot  the  insurance  com-  missioner. 
missioner  concerninsr  life    insurance  for  the   use  of  said 
commissioner.  Approved  March  10,  1890. 


Resolve  providing  for  certain  repairs  at  the  Worcester 
insane  asylum. 


Chap.  28 


Resolved,  That  there  be  allowed  and  paid  out  of  the  Repairs  at  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  twelve  slneTsyL^m?' 
thousand  dollars,  to  be  expended  at  the  Worcester  insane 
asylum  under  the  direction  of  the  trustees,  for  the  follow- 
ing purposes,  to  wit:  a  sum  not  exceeding  ten  thousand 
dollars  tor  repairs,  and  a  sum  not  exceeding  two  thousand 
dollars  for  the  introduction  of  high  service  water.  ♦ 

Ajyproved  March  19,  1890. 

Resolve  confirming  the  acts  of  Joseph  o.  Procter  as  a  justice  fjhnri    29 
OF  the  peace.  " 

Resolved,  That  all  acts  done  by  Joseph  O.  Procter  of  i""^?^  o.-  „ 

.  ,  r    r->  Proctor,  juBtice 

Gloucester   in  the   county  of  Lssex  as  a   lustice  of  the  of  the  peace, 

*'  acts  conrtrmed. 


542  1890.  —  Chapters  30,  31,  32. 

peace,  between  the  eighteenth  day  of  April  in  the  year 
eighteen  hundred  and  eighty- five  and  the  twenty-eighth 
day  of  October  in  the  year  eighteen  hundred  and  eighty- 
nine,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  been  qualified  during  that  time 
to  discharge  the  duties  of  said  office. 

Approved  March  19,  1890. 


Chap 


3Q  Resolve  providing  for  printing  additional  copies  of  certain 

VOLUMES    of   the   ACTS   AND   RESOLVES  OF   THE   PROVINCE  OF   THE 
MASSACHUSETTS   BAY. 

Additional  Resolved,  That  there  be  printed,  under  the  direction  of 

acts  and  re-        the  sccrctary  of  the   Commonwealth,  from  the  stereotype 
Provi^nce  oAhe  platcs  iu  hls  posscssiou,  ouc  hundred  and  fifty  copies  each 
Ma8sachuBett8    ^^  voIumcs  two,  three  and  four  of  the  acts  and  resolves 
of  the  Province  of  the  Massachusetts  Bay. 


Approved  March  21,  1890. 


OhoT)    31  Resolve  in  favor  of  luther  townsend. 

Luther  Town-         Resolved,  That  Luther  Townsend  of  Conway,  who  was 

send  eligible  to  ,  '  r^       i    ^  •  iiTT*j.icj. 

r.'ceive  state  a  member  of  company  Cj,  4th  regiment  of  United  states 
cavalry,  from  November  twenty-fifth  in  the  year  eigh- 
teen hundred  and  fifty -eight  to  November  twenty-filth 
in  the  year  eighteen  hundred  and  sixty-three,  and  was 
honorably  discharged  therefrom,  shall,  from  and  after  the 
first  day  of  February  of  the  present  year,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limitations 
of  chapter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner 
and  to  tlie  same  extent  that  he  would  have  been  entitled 
had  he  served  to  the  credit  of  this  Commonwealth. 

Approved  March  24,  1890. 

Chav    32  Resolve  in  favor  of  nathan  ii.  manning. 

In  favor  of  ^  Resolved,  That  there   be  allowed   and  paid  out  of  the 

Malining.  ■  trcasuiy  of  the  Commonwealth  to  Nathan  H.  Manning  of 
Boston,  the  sum  of  one  hundred  and  fifteen  dollars,  for 
compensation  for  injuries  sustained  by  him  while  acting 
under  military  orders  as  a  member  of  the  first  battalion, 
light  artillery,  Massachusetts  volunteer  militia  on  the  third 
day  of  October  in  the  year  eighteen  hundred  and  eighty-nine. 

Ajjproved  April  1,  1890. 


1S90.  —  Chapters  33,  34,  35,  3G.  543 


Resolve  in  favor  of  CATnEuiNE  corkigan.  OllttT).   33 

liesoU'ed,  Thiit  Catherine  Corrigan,  widow  of  Thomas  Catherine coni- 
H.  Corrigan  who  served  in  the  war  of  the  rebellion  in  the  receh'e^et'.lte'" 
general  service  of  the  United  States  and  is  now  dead,  and  "'''• 
who  was  a  citizen  of  Boston  at  the  time  ot  his  enlistment, 
shall,  from  and  after  March  iirst  of  the  present  year,  be 
eligible  to  receive   state  aid  under  the  rules,  provisions 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts   of  the  year  eighteen   hundred   and   eighty-nine,   in 
the  same  manner  and  to  the  same  extent  that  she  would 
have  b<  en  entitled  had  her  husband  served  to  the  credit 
of  this  Commonwealth.  Approved  Aprril  1,  1890. 

Resolve  in  favor  of  anna  n.  p.  drake.  CllClT).   34 

Resolved,  That  Anna  N.  P.  Drake  formerly  Nancy  A.  Anna  n.  p. 
Harriman,  mother  of  George  H.irriman  who  was  a  private  to'^receive^Btiue 
in  company  H,  seventeenth  regiment,  Indiana  volunteers,  *"'■ 
during  the  war  of  the  rebellion  and  was  honorably  dis- 
charged therefrom  and  has  since  died,  shall,  from  and  after 
the  first  day  of  February  of  the  present  year,  be  eligible 
to  receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  to  the  same  ex- 
tent that  she  would  have  been  entitled  had  her  son  served 
to  the  credit  of  this  Commonwealth  and  were  she  a  widowed 
mother.  Approved  April  1,  1890. 

Resolve  providing  for  re-printing  a  portion  of  the  report  ^j  np, 

of  the  chief  of  the  district  police  for  the  year  eighteen  -/  •   ' 

HUNDRED   and   EIGHTT-NINE. 

Resolved,  That  there  be  re-printed  one  thousand  copies  Report  of  the 
of  the  text  of  the  report  of  the  chief  of  the  district  police  tticf poVce! '^*'' 
for  the  year  eighteen  hundred  and  eighty-nine,  being  the 
first  two  hundred  and  twenty-five  pages  only,  the  same  to 
be  bound  in  paper,  for  the  use  of  said  chief. 

Approved  April  2,  1890. 


Clia]p.  36 


RESOLVE     IN     FAVOR     OF      THE     WORCESTER      EAST     AGRICULTURAL 

SOCIETY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  the  sum  of  two  hundred  J^iouhuraf"*' 
dollars  to  the  Worcester  East  Agricultural   Society,  for  society. 


5U  1890.  —  Chapters  37,  38,  39. 

bounty  for  the  year  eighteen  hundred  and  eighty-nine, 
the  aroount  said  society  would  have  been  entitled  to  receive 
had  it  been  incorporated  by  an  act  of  the  legislature  in- 
stead of  under  the  general  laws.  Approved  April  2,  1890. 

(JJldj).  37  Resolve  in  favor  of  Elizabeth  murphy. 

Elizabeth  Resolved,    That    Elizabeth    Murphy,    widow    of    John 

to "lecefve  state''  Murphy  who  scfvcd  as  a  second-class  tireman  in  the  United 
'*'^'  States  navy  during  the  late  war,  is  now  dead,  and  who 

was  a  citizen  of  Boston  at  the  time  of  his  enlistment,  shall, 
Irom  and  after  March  first  of  the  present  year,  be  eligible 
to  receive  state  aid  subji'ct  to  the  provisions,  rules  and 
limitations  of  chapter  three  hundred  and  one  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-nine,  in  the  same 
manner  and  to  the  same  extent  that  she  would  have  been 
entitled  had  her  husband  served  to  the  credit  of  this  Com- 
monwealth. Approved  April  2,  1890. 

ChaV      38    l^ESOLVE    GRANTING    AID    TO    THE    TOWN    OF   WASHINGTON    IN    THE 

COUNTY   OK   BERKSHIRE. 

uieZwD^o/"  Unsolved,  That,  for  the  purpose  of  giving  some  relief  to 

waehingtou.  the  towu  of  Washington  in  the  county  of  Berkshire,  in 
view  of  the  damage  done  by  the  cloud-burst  or  waterspout 
which  caused  a  disastrous  flood  in  said  town  in  the  month 
of  July  in  the  year  eighteen  hundred  and  eighty-nine, 
there  shall  be  allowed  and  paid  out  of  the  treasury  of  the 
Commonwealth  to  the  treasurer  of  the  town  of  Washington 
the  sum  of  six  thousand  dollars  ;  which  sum  shall  be  ex- 
pended by  said  town  solely  for  the  purpose  of  repairing 
the  roads  and  bridges  that  were  damaged  as  aforesaid. 

Approved  April  4,  1890. 

Chav     39  Resolve  in  favor  of  helen  c.  mulford. 

Helen  c.Muu         Besolved,  That  Helen  C.  Mulford,  wife  of  Joseph  W. 

receive  Mate ^°  Multoi'd  who  scFved  iu  the  United  States  navy  during  the 
war  of  the  rebellion  as  an  acting  ensign,  from  the  twelfth 
day  ot  July  in  the  year  eighteen  hundred  and  sixty-four  to 
the  sixth  day  of  December  in  the  year  eighteen  hundred 
and  sixty-five,  and  who  is  now  insane  and  confined  in  the 
Napa  California  insane  asylum,  shall,  from  and  after  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
ninety,  be  eligible  to  receive  state  aid  under  the  provi- 
sions, rules  and  regulations  of  chapter  three  hundred  and 


aid. 


1890.  —  Chapters  40,  41.  545 

one  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine,  in  the  s-ame  manner  and  to  the  same  extent  that  she 
would  have  been  entitled  if  her  husband  had  served  to 
the  credit  of  this  Commonwealth  and  was  in  the  receipt  of 
a  United  States  pension  of  four  dollars  per  month,  and  was 
otherwise  entitled  to  receive  state  aid. 

Approved  April  8,  1890. 

Resolve  in  favor  of  rosanna  lockaby,  mart  o'leary,  catha-  (JJiQ/ry^  40 

RINE   MAHER   and   JAMES   McCLOSKEY. 

Whereas,  on  the  twenty-third  day  of  June  in  the  year  in  favor  of 
eighteen  hundred  and  seventy-one,  Francis  E.  Parker,  a  Lockaby,  Mary 
public  administrator  in  and   for  the   county  of   Suflfolk,  .^rine'Ma'hefan'd 
deposited  into  the  treasury  of  the  Commonwealth  the  sum  Mcctoskey. 
of  nine  hundred  and  eighty-eight  dollars  and  twenty-four 
cents,  being  the  distributive  balance  of  the  estate  of  Anne 
Dellaher,  otherwise  known  and  called  Joanna  Gallaher, 
to  be  held  to  the  beneiit  of  those  who  have  lawful  claims 
thereon  ;  and  whereas  it  appears  that  Rosanna  Lockaby, 
wife  of  James  N.   Lockaby  of  Towanda,  Pennsylvania, 
Mary  O'Leary,  wife  of  Timothy  O'Leary,  and  Catharine 
Maher,   wife  of  Patrick  Maher,    both  of  Newark,  New 
Jersey,  and  James  McCloskey  of  Oldham,  England,  are 
legally  entitled  to  the  whole  of  eaid  sum  in  equal  shares ; 
therefore.  Resolved,  That  there  be  allowed  and  paid  out 
of  the  treasury  of  the  Commonwealth  to  the  said  Rosanna 
Lockaby,   Mary  O'Leary,   Catharine    Maher   and   James 
McCloskey,  the  said  sum  of  nine  hundred  and  eighty-eight 
dollars  and  twenty-four  cents,  to  which  they  are  legally 
entitled.  Approved  April  <S,  1890. 


Resolve  in  favor  of  the  new  England  industrial  school  for 
deaf  mutes. 


Chap.  41 


school  for  deaf 
mutes. 


Resolved,  That  there  be  allowed  and  paid  out  ot  the  Allowance  to 
treasury  of  the  Commonwealth  to  the  New  England  Indus-  lamnndu^ufai 
trial  school  for  deaf  mutes,  in  the  town  of  Beverly,  the 
sum  of  two  thousand  dollars,  to  be  expended  under  the 
direction  of  the  trustees  thereof:  One  thousand  dollars  of 
said  sum  to  be  applied  towards  the  payment  of  the  mort- 
ffajje  of  said  institution,  and  the  balance  to  be  used  for 
the  educational  purposes  of  the  school  for  the  present 
year.  And  the  trustees  shall  report  to  the  state  board  of 
education.  Approved  April  11,  1890. 


546  1890.  —  Chapters  42,  43,  44. 


Chap.  42  Resolve  in  favor  of  Arthur  wilcox. 

Id  favor  of  Besolved,  That  there  be  allowed  and  paid  out  of  the 

Arthur  Wilcox.  n      y        r-,  1    \        .        k     ,i  Tir-i  /• -r-i    11 

treasury  of  the  Commonwealth,  to  Arthur  v\  ilcox  ot  i^all 
River,  the  sum  of  eight  hundred  dollars,  to  defray  neces- 
sary expenses  incurred,  and  as  compensation  for  injuries 
received,  in  consequence  of  the  giving  way  of  staging  on 
which  he  was  at  work  while  in  the  employ  of  the  Com- 
monwealth on  the  asylum  for  criminal  insane  at  the  spate 
iarm  at  Bridgewater,  on  the  third  day  of  October  in  the 
year  eighteen  hundred  and  eighty-nine  The  said  acci- 
dent causing  the  breaking  of  both  legs  and  serious  internal 

c*  o  o 

injuries  \o  said  Wilcox.  Approved  April  11,  1890. 

Chap.   43  Resolve  providing  for  certain  improvements  at  the  state 

FARM   AT   BRIDGEWATER. 

arthe°B\lTe7arra  Resolved,  That  thcrc  be  allowed  and  paid  out  of  the 
at  Bridgewater.  trcasury  of  the  Commouwealth  a  sum  not  exceeding  nine 
thousand  three  hundred  dollars,  to  be  expended  under  the 
direction  of  the  trustees  and  superintendent  of  the  state 
farm  at  Bridgewater,  for  the  following  purposes,  to  wit: 
—  for  extending  the  high  service  water  and  obtaining  an 
additional  supply  of  pure  water,  five  thousand  doHars  ; 
for  additional  tillage  and  pasturage  lands,  fencing,  con- 
crete walks  and  paving,  four  thousand  three  hundred  dol- 
lars. Approved  April  11,  1890. 

ChwO.  44  RESOLVES  PROVIDING  FOR  A  PROPER  REPRESENTATION  OF  THE 
COMMONWEALTH  AT  THE  NATIONAL  ENCAMPMENT  OF  THE  GRAND 
ARMY  OF  THE  REPUBLIC,  TO  BE  HELD  IX  BOSTON  DURING  THE 
PRESENT   TEAR. 

Representation       Hesolved,    That,  for  the  purpose  of  uniting  with  the 
wealth  at  tile      vcteraiis  of  the  late  war  of  the   rebellion   in   a   proper 
carapmenrof      obscrvauce  of  the  twenty-fifth  anniversary  of  the  restora- 
onhr°epubnZ  tion  of  peace  to  the  countr}^  and  of  assisting  the  grand  army 
of  the  republic  in  holding  its  national   encampment  the 
present  year  in  the  city  of  Boston,  and  thereby  enabling 
the  Commonwealth  to  offer,  in  testimony  of  its  apprecia- 
tion of  their  services  to  the  nation,  a  fitting  hospitality  to 
the  veteran  soldiers,  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty 
thousand  dollars,  to  be  expended  under  the  direction  of 


1890.  —  Chapters  45,  46.  547 

the  governor  and  council,  in  such  manner  as  they  shall 
deem  proper. 

Remlved,  That  the  invitation  of  the  executive  com- 
mittee charofod  with  the  arrano-ements  for  the  encamp- 
ment  and  reunion,  to  participate  m  the  reception  and 
entertainment  of  the  veterans,  be  accepted  ;  and  that  the 
followins:  members  of  the  state  o-overnnient  and  others 
represent  the  Commonwealth  on  the  occasion :  — the  gov- 
ernor, the  lieutenant-governor,  the  executive  council,  the 
secretary  of  the  Commonwealth,  the  treasurer  and  receiver- 
general,  the  auditor  of  the  Commonwealth,  the  attorney- 
general,  the  president  of  the  senate,  the  speaker  of  the 
house  of  representatives,  the  joint  committee  on  military 
alTairs,  a  special  committee  of  five  members  of  the  senate 
and  fifteen  members  of  the  house  of  representatives,  to 
be  appointed  by  the  presiding  officers  of  the  two  branches, 
the  clerks  of  the  senate  and  of  the  house  of  representa- 
tives, the  sergeant-at-arms,  and  the  legislative  reporters 
of  the  general  court.  Approved  April  24,  1890. 

Resolve  in  favor  of  the  city  of  ltnn.  ChciJ).   45 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  to  the  city  of  Lynn,  the 
sum  of  eight  hundred  and  sixty-eight  dollars  and  twenty- 
one  cents,  in  reimbursement  for  money  expended  by  said 
city  in  furnishing  the  members  of  the  militia  ordered  out 
for  guard  duty  at  the  late  fire  with  gloves,  arctics  and 
rubber  boots.  Ax>pjroved  April  24,  1890. 


city  of  Lynn. 


Chaj).  46 


Resolve   providing  for   certain    repairs   and  improvements 

AT  the   state   lunatic   HOSPITAL   AT   TAUNTON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Repairs  and  im- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fif-  t^hestrtriunauc 
teen  thousand  dollars,  to  be  expended  at  the  state  lunatic  Tamuoli!"^ 
hospital  at  Taunton  under  the  direction  of  the  trustees, 
for  the  following  purposes,  to  wit :  —  for  repairs  to  the 
heating   apparatus,   a  sum  not  exceeding  two   thousand 
dollars ;  for  new  floors,  a  sum  not  exceeding  one  thou- 
sand dollars  ;  for  general  repairs  to  the  buildings,  a  sum 
not  exceeding  five  thousand  dollars  ;  for  building  a  farm 
shed,  store- house  and  so  forth,  a  sum  not  exceeding  fifteen 
hundred  dollars  ;  and  for  bath-rooms,  a  sum  not  exceed- 
ing fifty-five  hundred  dollars.     Approved  April  26, 1890. 


548  1890.  —  Chapters  47,  48,  49,  50. 


C/hctT).  47  Resolve  granting  county  taxes. 

County  taxes  Resolved,  That  the  sums  placed  asrainst  the  names  of 

the  several  counties  in  the  following  schedule  are  granted 
as  a  tax  for  each  county  named,  respectively,  to  be  col- 
lected and  applied  according  to  law  :  Barnstable,  fifteen 
thousand  dollars;  Berkshire,  seventy-five  thousand  dol- 
lars; Bristol,  one  hundred  and  eighty  thousand  dollars; 
Dukes  County,  seven  thousand  eight  hundred  dollars ; 
Essex,  two  hundred  and  five  thousand  dollars  ;  Frank- 
lin, thirty-three  thousand  dollars  ;  Hampden,  ninety-eight 
thousand  dollars  ;  Hampshire,  forty-two  thousand  dollars  ; 
Middlesex,  two  hundred  and  seventy  thousand  dollars  ; 
Norfolk,  eighty-five  thousand  dollars;  Plymouth,  sixt}'- 
five  thousand  dollars  ;  Worcester,  one  hundred  and  twenty- 
five  thousand  dollars.  Approved  April  26,  1890. 

Clldl).  48  Resolve  providing  for  printing  additional  copies  of  volume 

FIVE    OF    THE    ACTS   AND    RESOLVES    OF    THE    PROVINCE    OF    THE 
MASSACHUSETTS   BAY. 

Additional  Resolved,  That  there  be  printed,  under  the  direction  of 

copies  of  the  ,  pi/-^  \      f 

acts  and  the  Secretary  of  the  Commonwealth  from  the  stereotype 

resolves  of  the  i    j.  •        i   •  •  i  i        i  i     f  a^  '  c 

Province  of  the  platcs  lu  his  posscssiou ,  ouc  hundred  and  ntty  copies  oi 
Ma^ssachusetts    ^olumc  fivc  of  the  acts  and  resolves  of  the  Province  of  the 
Massachusetts  Bay.  Approved  April  26,  1890. 

CJldT).  49  Resolve  in  favor  of  john  c.  lawrence. 

In  favor  of  John  Eesolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  John  C.  Lawrence  of 
Boston,  a  corporal  of  company  A,  fifth  regiment  of  in- 
fantry, INIassachusetts  volunteer  militia,  the  sum  of  three 
hundred  and  fifty  dollars,  in  full  compensation  for  injuries 
received  in  camp  on  the  fourteenth  day  of  August  in  the 
year  eighteen  hundred  and  eighty-nine  while  in  the  line  of 
his  duty  acting  as  corporal  of  the  guard  ;  said  injury  be- 
ing a  bayonet  wound  received  from  one  of  the  members  of 
the  guard,  in  his  leg,  purely  accidental,  inflicting  a  most 
painful  and  dangerous  wound,  incapacitating  him  from 
labor  for  some  eight  weeks  and  subjecting  him  to  great 
expense  for  surgical  treatment.     Approved  April  26, 1890. 

Chew.  50  Resolve  in  favor  of  hezekiah  Andrews. 

In  favor  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Andrews.         ti'easury  of  the  Commonwealth  to  Hezekiah  Andrews,  the 


I 


1890.  — Chapters  51,  52,  53,  54.  549 

sum  of  two  hundred  dollars,  to  compensate  him  for  hind 
taken  by  the  Commonwealth  and  for  other  injuries  to  his 
l^roperty  in  the  laying  out  and  extension  of  the  Troy  and 
Greenfield  railroad.  Apxn-oved  April  26,  1890. 

Resolve  PRovmiNG  for  printing  extra  copies  of  a  portion  (JJtnrt    51 

OK   THE   TWENTY-SEVENTH  ANNUAL   REPORT   OF   THE   TRUSTEES   OF  •'■ 

THE   MASSACHUSETTS   AGRICULTURAL   COLLEGE. 

I^esolved,  That  there  be  printed  eleven  thousand  copies  Addmouai 
of  that  part  of  the  twenty-seventh  annual  report  of  the  report  of  the 
trustees  of  the  Massachusetts  agricultural  college  which  MaLlchusetts 
relates  to  the  most  economical  use  of  commercial  fertili-  coUeli!"'^'*' 
zers  ;  to  be  bound  in  paper  covers  and  to  be  distributed 
under  the  direction  of  the  Hatch  experiment  department 
of  the  Massachusetts  ao-ricultural  college  and  of  the  state 
board  of  agriculture.  Approved  April  29,  1890. 

Resolve  in  favor  of  william  a.  arthur.  Chap.   52 

Resolved,  That  William  A.  Arthur  of  Brewster,  Mas-  wiuiam  a.^ 
sachusetts,  who  served  in  the  United  States  navy  during  to  receive  state 
the  war  of  the  rebellion  as  an  acting  master,  shall,  from  ^'™'''""'y'" 
and  after  the  first  day  of  April  in  the  year  eighteen  hun- 
dred and  ninety,  be  eligible  to  receive  state  or  military  aid 
under  the  provisions,  rules  and  limitations  of  chapters  two 
hundred  and  seventy-nine  and  three  hundred  and  one  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-nine,  in 
the  same  manner  and  to  the  same  extent  that  he  would 
have  been  entitled  had  he  served  to  the  credit  of  this  Com- 
monwealth. Ap)proved  Ap)ril  30,  1890. 

Resolve  in  favor  of  the  city  of  quincy.  Char)    5S 

Resolved,  That  there  be  allowed  and  paid  out  of  the  in  favor  of  the 
treasury  of  the  Commonwealth  to  the  city  of  Quincy,  the  "'yofQ"'°=y- 
sum  of  two  thousand  and  sixty  dollars  and  fifty  cents,  as 
reimbursement  to  said  city  for  money  expended  for  the 
support  of  John  McDonald,  an  insane  state  pauper. 

Approved  May  3,  1890. 

Resolve  providing  for  furnishing  the  new  armories  in  the  (JJtnjy     K\ 

CITIES   OF   boston,   LOWELL   AND   WORCESTER.  " 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Furnishing  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty-  BoTtonrLowli? 
one  thousand  five  hundred  dollars,  to  be  expended  under  and  Worcester. 


550  1890.  —  Chapters  55,  56,  57. 

the  direction  of  the  governor  and  council  for  the  purpose 
of  furnishing,  ready  for  occupancy,  the  two  regimental 
armories  recently  erected  in  the  city  of  Boston  and  the 
battalion  armories  in  the  cities  of  Lowell  and  Worcester, 
as  provided  for  in  section  eight  of  chapter  three  hundred 
and  eighty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight.  Approved  May  3,  1890. 

(Jhav.  55  Resolve  to  provide  for  additional  cell-room  at  the  state 

PRISON  IN   BOSTON. 

Additional  cell-       Besolved,  That  there  be  allowed  and  paid  out  of  the 

room  at  tbe  f       ^  r^  i    i  t 

state  prison  in  trcasury  of  the  Commonwealth  a  sum  not  exceedmg 
seventy-five  thousand  dollars,  to  be  expended  by  the  com- 
missioners of  prisons  under  the  direction  of  the  governor 
and  council,  for.  extending  and  enlarging  the  north  wing 
of  the  state  prison  in  Boston  so  as  to  provide  additional 
cell-room-.  Approved  May  14,  1890. 

Chav.   56  Resolve  in  relation  to  a  more  equitable  distribution  of  the 

INCOME   of   the   MASSACHUSETTS   SCHOOL   FUND. 

riauforthe  Resolvcd,  That  the  commissioners  of  the  Massachusetts 

more  equitable  i         i     /•        i  i        i  •       • 

distribution  of  school  fuud  and  the  tax  commissioner  be  requested  to 
setts  school"  prepare  a  plan  for  a  more  equitable  distribution  of  the 
^""''"  income  of  the  Massachusetts  school  fund,  with  reference 

to  the  needs  of  the  smaller  and  poorer  towns  ;  and  in 
considering  such  distribution  to  take  into  account  the 
general  tax  rate  or  the  tax  rate  for  school  purposes,  the 
number  of  scholars,  the  valuation  of  the  town,  and  such 
other  matters  as  shall  in  their  opinion  be  advisable  ;  and 
to  report  the  same  to  the  next  general  court  during  the 
first  week  of  the  session.  Approved  May  14,  1890. 

Chav.  57  RESOLVE  providing  for  printing  AN  EDITION  OF  THE  ATLAS  MAPS 
OF  MASSACHUSETTS  AS  PREPARED  AND  ENGRAVED  BY  THE  GEO- 
LOGICAL   SURVEY. 

Printingof an         Resolved,  That  there  be  allowed  and  paid  out  of  the 

edition  of  the  /.     t        «-i  i    ■  t  i 

atlas  maps  of '  trcasury  of  the  Commonwealth  a  sum  not  exceeding  three 
thousand  dollars,  for  the  purpose  of  printing,  in  the  state 
of  Massachusetts  provided  the  work  can  be  done  as  well 
and  as  cheaply  as  elsewhere,  a  preliminary  edition  of  the 
proofs  of  the  atlas  sheets  of  the  Massachusetts  maps,  as 
prepared  and  engraved  by  the  geological  survey  ;  to  be 
sold  at  such  prices  and  on  such  terms  as  may  be  fixed  by 
the  commissioners  on  the  topographical  survey,  with  the 


Massachusetts. 


1890.  —  Chapters  5S,  59.  55'i, 

approval  of  the  governor  and  council.  The  proceeds  of 
such  sales  shall  be  paid  into  the  treasury  of  the  Common- 
wealth. Approved  May  14,  1890. 

Resolve  relatino  to  portraits  of  governors  of  massa-      (JJiaj).  58 

CHUSETTS. 

Remlved,  That  the  governor  with  the  advice  and  con-  commisBionei- 
sent  of  the  council  is  hereby  authorized  to  appoint  a  com-  bVaJna^oTpor- 
missioner  whose  duty  it  shall  be  to  invite  contributions  of  go*ve*r°orro> 
portraits  of  ex-governors  of  this  Commonwealth  since  the  Masaachusetts. 
orgfanization  of  the  government  under  the  constitution  in 
seventeen   hundred    and  eighty.     Said   portraits  shall  be 
submitted  to  the  governor  and  council  for  their  approval, 
and   procured    without  expense    to   the    Commonwealth. 
The    said    commissioner  shall    make  a  full  report  of  his 
doings  to  the  general  court   in  January  of  each  year,  who 
shall  designate  the  department  of  the  state  house  in  which 
said   portraits    shall    be   kept.     Said   commissioner   shall 
serve  without   compensation  but  all  necessary  expenses 
shall  be  approved  by  the  governor  and  council  and  shall 
be  paid  out  of  the  treasury  of  the  Commonwealth. 

Approved  May  15,  1890. 

Resolve  providing  for  a  water  supply,  fire-escapes  and  other  HI^qy^     KQ) 
necessart  improvements  at  the   state   normal  school  at  ^ 

framinoham. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  water  supply. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four-  euT/.^'at  thrstate 
teen  thousand  one  hundred  dollars,  to  be  expended  at  the  at'F^amlnghum 
state  normal  school  at  Framingham  under  the  direction  of 
the  state  board  of  education,  for  the  following  purposes,  to 
wit :  —  tank  and  water  supply  at  May  hall ;  laying  large 
pipes  from  Crocker  and  May  halls  to  the  main  pipes  ; 
water  analysis  ;  repairs  on  normal  hall,  floors,  ceilings 
and  staircases  ;  plumbing  in  normal  hall ;  papering ;  fire- 
escapes  for  school-house  and  boarding-house ;  laying  out 
of  grounds,  driveway  and  grading  ;  work  on  sewage  field  ; 
tablet  to  Miss  May  ;  extras  for  dedication  of  May  hall ; 
gas  apparatus  for  May  hall ;  expenses  of  moving,  cleaning 
and  extras,  and  piano.  The  state  board  of  education  may 
remove  the  stone  wall  on  the  east  side  of  the  grounds  and 
may  move  or  sell  the  old  school  building,  the  proceeds 
of  such  sale  to  be  paid  into  the  treasury  of  the  Common- 
wealth. Approved  May  19,  1890. 


552  1890.  — Chapters  60,  61,  62,  63. 


Chap.   60  Resolve  providing  for  certain  repairs  at  the  state  indus- 
trial SCHOOL  FOR  girls. 

^afeindusuiai  Besolved,  Tlitit  there  be  allowed  and  paid  out  of  the 
^t^LtulllieT^  treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-two  hundred  dollars,  to  be  expended  at  the  state 
industrial  school  for  girls  at  Lancaster  under  the  direction 
of  the  trustees  and  superintendent,  for  the  following  pur- 
poses, to  wit :  —  for  an  addition  to  the  building  known  as 
the  cottage,  a  sum  not  exceeding  two  thousand  dollars ; 
for  the  purchase  of  a  spring  of  water,  a  sum  not  exceed- 
ing one  hundred  dollars,  and  for  sundry  repairs  to  the 
barn,  a  sum  not  exceeding  one  hundred  dollars. 

Aiyproved  May  19,  1890. 

ChciT)'   61  Resolve  providing  for  the  payment  of  current  expenses  at 

THE   WESTBOROUGH   INSANE   HOSPITAL. 

Current  ex-  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

peuses  at  the  /•     i         r^  i    i  t  /» 

westborouKh  trcasury  of  the  Commonwealth  a  sum  not  exceedmg  five 
""^""'thousand  dollars,  for  the  purpose  of  meeting  current 
expenses  at  the  Westborough  insane  hospital  at  West- 
borough  during  the  year  eighteen  hundred  and  ninety, 
the  same  to  be  expended  under  the  direction  of  the  trus- 
tees of  said  hospital.  Ajyjiroved  May  19,  1890. 

Chnv.   62  Resolve  in  favor  of  james  abbott. 

.Tames  Abbott         liesolvecl.  That  James  Abbott,  of  Boston,  who  served 

tlitjible  to  I'G- 

ceive  state  or  in  the  United  States  navy  during  the  war  of  the  rebellion 
miiaryai  .  ^^  ^^  Ordinary  seaman,  shall,  from  and  after  the  first  day 
of  April  of  the  present  year,  be  eligible  to  receive  state  or 
military  aid  under  the  provisions,  rules  and  limitations  of 
chapters  two  hundred  and  seventy-nine  and  three  hun- 
dred and  one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  in  the  same  manner  and  to  the  same 
extent  that  he  would  have  been  entitled  had  he  served  to 
the  credit  of  this  Commonwealth. 

Ajyiirovecl  May  23,  1890. 

ChaV'  63  Resolve  providing  for  the  purchase  of  land  and  the  erec- 
tion of  a  coal  shed  at  the  state  primary  school  at 
monson 

state  primary         JResolved,  That  there  be  allowed  and  paid  out   of  the 

pchool  at  f     1         /-^  11  T  • 

MoDson.  treasury  or  the  Commonwealth  a  sum  not  exceeding  six 


1890.  — Chaptees  64,  65,  66,  67.  553 

hundred  dollars,  to  be  expended  at  the  state  primary 
school  at  iNIonson  under  the  direction  of  the  trustees  and 
superintendent  of  said  school,  for  the  purchase  of  land 
and  the  erection  of  a  coal  shed  thereon. 

Approved  June  5,  1890. 

Resolve  to  provide  fok  building  and  repairing  fences  at  (JJiap.  64 

THE   reformatory    PRISON    FOR   WOMEN. 

Ref^olved,  That  there  be  allowed  and  paid  out  of  the  Reformatory 

n      \         r^  11  J  T  prison  for 

treasury  of  the  Commonwealth  a  sum  not  exceedmg  one  wo.nen  at 
thousand  dollars,  to  be  expended  under  the  direction  of  " 
the  commissioners  of  prisons,  for  building  and  repairing 
fences  at  the  reformatory  prison  for  women. 

Approved  June  3,  1890. 

Resolve  providing  for  a  new  building  at  the  lyman  school  (J]iar>.  65 

FOR  BOYS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  LymaD  school 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six-  we8t°bo^rough. 
teen  thousand  dollars,  to  be  expended  at  the  L^anan  school 
for   boys   at   AVestborough    under   the    direction    of    the 
trustees,  for  the  purpose  of  erecting  a  new  building  to 
accommodate  the  increased  number  of  boys  at  said  school. 

Approved  June  3,  1890. 


Chap.  (^Q 


Resolve   relative   to   the    insect    known    as   the    ocneria 

DISPAR   or   GYPSY   MOTH. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  commission  for 
treasury    of    the    Commonwealth    a    sum    not    exceeding  tionofthe 
twenty-five  thousand  dollars,  in  addition  to  the  twenty-  g>P*y™°"^- 
five  thousand  dollars  authorized  by  chapter  ninety-five  of 
the  acts  of  the  present  year,  for  the  purpose  of  continuing 
the  work  of  the  commission  appointed  under  said  act  in 
preventing  the  spreading  and  securing  the  extermination 
of  the  ocneria  dispar  or  gypsy  moth  in  the  Commonwealth. 

Apjproved  June  5,  1890. 

Resolve    authorizing    the   color    guards   of   the    sons   of  njinj)    Q7 

veterans   to   PARADE   WITH   FIRE-ARMS. 

Resolved,  That  regularly  organized  camps  of  the  sons  coior  guards  of 

{.  ,  ,  ri.      1.  lit'i  1  £•  ^ons  of  veterans 

oi  veterans  be  permitted  to  parade  their  color  guards  oi  may  parade 
ten  men  armed  with  fire-arms  in  public  at  all  times.  wuh  tire  arms. 


A'ppjroved  June  4,  1890. 


554  1890.  — Chapteks  68,  69,  70,  71. 


Chap.  68  Resolve  providing  for  the  maintenance  of  iNDtsTRiAL  schools 

ANU  FOR  CERTAIN  REPAIRS  AT  THE  MASSACHUSETTS  REFORMATORY. 

Smiirrf'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
at  Concord.  trsasuiy  of  the  Commonwealth  a  sum  not  exceeding  eleven 
thousand  five  hundred  dollars,  to  be  expended  at  the 
Massachusetts  reformatory  at  Concord  under  the  direction 
of  the  commissioners  of  prisons,  for  the  following  pur- 
poses, to  wit :  —  for  the  maintenance  of  industrial  schools, 
a  sum  not  exceeding  six  thousand  dollars ;  for  plumbing 
the  houses  of  the  superintendent,  deputy  superintendent, 
and  the  offices  of  said  institution,  a  sum  not  exceeding 
fifteen  hundred  dollars  ;  for  making  and  repairing  concrete 
walk,  a  sum  not  exceeding  one  thousand  dollars,  and  for 
repairs  to  steam  boilers,  a  sum  not  exceeding  three  thou- 
sand dollars.  Approved  June  5,  1890. 

Chap.  69  Resolve  in  favor  of  the  dudlet  Indians. 

In  favor  of  the        Resolved,  That  there  be  allowed  and  paid  out  of  the 

commissioners  "  ■>  i         r->      o  i 

for  the  Dudley  trcasury  of  the  Commonwealth  to  Charles  E.  btevens  and 
Thomas  Harrington,  commissioners  for  tbe  Dudley  Ind- 
ians, the  sum  of  four  thousand  eight  hundred  and  fifty-one 
dollars  and  sixty-three  cents  ;  being  the  amount  found  due 
by  the  court  under  the  provisions  of  chapter  four  hundred 
and  forty-three  of  the  acts  of  the  year  one  thousand  eight 
hundred  and  eighty-nine.  Approved  June  5,  1890. 

Chap.  70  Resolve  in  favor  of  the  soldiers'  messenger  corps. 

iMTerl'mct  Resolved,  That  there  be  allowed  and  paid  out  of  the 
seoger  corps,  trcasury  of  the  Commonwealth  to  the  disabled  soldiers' 
employment  bureau,  a  sum  not  exceeding  eight  hundred 
dollars,  the  same  to  be  expended  under  the  direction  of 
the  adjutant-general.  Three  hundred  dollars  of  said  sum 
shall  be  allowed  for  the  superintendence  of  said  bureau. 

Appjroved  June  6,  1890. 

CJuiT).  71  Resolves  providing  for  submitting  to  the  people  the  article 
OF  amendment  to  prevent  the  disfranchisement  of  voters 
because  of  a  change  of  residence  within  the  common- 
wealth, AND  the  article  OF  AMENDMENT  RELATIVE  TO  SOL- 
DIERS  AND   SAILORS   EXERCISING   THE   RIGHT   OF   FRANCHISE. 

^Tconsutuiion".  Rcsolved,  That  the  following  articles  of  amendment  of 
the  constitution,  having  been  agreed  to  by  the  last  and 
present   general    courts,    and   published    in    the    manner 


1890.  — Chapter  71.  555 

required  by  the  constitution,  be  submitted  to  the  people 
for  their  ratification  and  adoption  :  — 

ARTICLE   OF    AMENDMENT  TO    PREVENT    THE   DISFRANCHISEMENT    OF   To  prevent 

the  Uisfranehise- 
VOTERS     BECAUSE     OF*  A     CHANGE     OF     RESIDENCE      WITHIN     THE   nient  of  voters 

COMMONWEALTH.  changeV/resi- 

dence  within 

No  person  otherwise  qualified  to  vote  in  elections  for 'heCommou- 

wGsItn. 

governor,  lieutenant-governor,  senators  and  representa- 
tives, shall,  by  reason  of  a  change  of  residence  within  the 
Commonwealth,  be  disqualified  from  voting  for  said 
officers  in  the  city  or  town  from  which  he  has  removed 
his  residence,  until  the  expiration  of  six  calendar  jmonths 
from  the  time  of  such  removal. 

ARTICLE   OF  AMENDMENT   RELATIVE   TO   SOLDIERS   AND   SAILORS         Relative  to 

soldiers  and 
EXERCISING   THE   RIGHT   OF   FRANCHISE.  sailors  exer- 

cising  the  right 

Article  twenty-eight  of  the  amendments  of  the  constitu-  of  franchise. 
tion  is  hereby  amended  by  striking  out,  in  the  fourth  line 
thereof,  the  words  "being  a  pauper",  and  inserting  in 
place  thereof  the  words: — receiving  or  having  received 
aid  from  any  city  or  town,  — and  also  by  striking  out,  in 
said  fourth  line,  the  words  *' if  a  pauper",  so  that  the 
article  as  amended  shall  read  as  follows :  —  Article 
XXVIII.  No  person  having  served  in  the  army  or  navy 
of  the  United  States  in  time  of  war,  and  having  been 
honorably  discharged  from  such  service,  shall  be  disquali- 
fied therefor  on  account  of  receiving  or  having  received 
aid  from  any  city  or  town,  or  because  of  the  non-payment 
of  a  poll  tax. 

Resolved,  That  the  people  shall  be  assembled  for  the  vote  upon  the 
purpose  aforesaid,  in  their  respective  polling  places  in  the  amendment. 
several  cities  and  towns,  in  meetings  to  be  legally  warned, 
and  held  on  Tuesday  the  fourth  day  of  November  next,  at 
which  meetings  all  persons  qualified  to  vote  for  state 
oflScers  may  give  in  their  votes  for  or  against  one  or  both 
of  said  articles  of  amendment ;  and  the  same  officers 
shall  preside  in  said  meetings  as  in  meetings  for  the 
choice  of  state  officers,  and  shall  in  open  meeting  receive, 
sort,  count  and  declare  the  votes  for  and  against  the  said 
articles  of  amendment ;  and  the  said  votes  shall  be  re- 
corded by  the  clerks  of  said  cities  and  towns,  and  true 
returns  thereof  shall  be  made  out  under  the  hands  of  the 
mayor  and  aldermen,  and  of  the  selectmen,  or  a  major 
part  of  them,  and  of  the  clerks  of  the  said    cities  and 


556  1890.  —  Chapter  71. 

towns,  respectively,  and  sealed  up,  and  within  ten  days 
after  the  said  meetings,  transmitted  to  the  secretary  of  the 
Commonwealth.  So  far  as  the  same  can  be  made  appli- 
cable, the  provisions  of  law  applicable  to  the  election  of 
state  officers  shall  apply  to  the  taking  the  vote  on  said 
articles  of  amendment. 
Ballot.  Resolved,  That  every  person  qualified  to  vote  as  afore- 

said may  express  his  opinion  on  one  or  both  of  said 
articles  of  amendment,  and  the  following  words  shall  be 
printed  on  the  ballot,  viz  :  — 


Amendment  to  the  constitution  to  prevent  the 
disfranchisement  of  voters  because  of  a  change 
of  residence  within  the  Commonwealth. 

Amendment  to  the  constitution  relative  to  sol- 
diers and  sailors  exercisino^  the  right  of  franchise. 


YES. 


NO. 


YES. 


And  if  one  or  both  of  said  articles  shall  appear  to  be 
approved  by  a  majority  of  persons  voting  thereon,  said 
article  or  articles,  as  the  case  may  be,  shall  be  deemed 
and  taken  to  be  ratified  and  adopted  by  the  people. 
Returns  of  votes      Resolved,  That  his  excellency  the   governor,  and    the 
and^re8\dt""*^     council,  shall  forthwith  open  and  examine  the  votes  re- 
ascertained.       tumcd  as  aforcsaid ;   and  if  it  shall  appear  that  one  or 
both  of  said  articles  of  amendment  have  been  approved 
by  a  majority  of  the  persons  voting  thereon,  according  to 
the  votes  returned  and  certified  as  aforesaid,  the  article  or 
articles  shall  be  enrolled  on  parchment,  and  deposited  in 
the  secretary's  office,  as  a  part  of  the  constitution  of  this 
Commonwealth,  and  shall  be  published  in  immediate  con- 
nection therewith,  numbered  according  to  numerical  posi- 
tion, with  the  articles  of  amendment  of  the  constitution 
heretofore  adopted,  in  all  future  editions  of  the  laws  of 
this  Commonwealth  printed  by  public  authority. 
mairprociama-      Resolved,  That  his  excellency  the  governor  be,  and  he 
tion  aunounciiig  hcrebv  is  authoHzed  and  requested  to  issue  his  proclama- 

the  result  of  the 

vote.  tion  forthwith  after  the  examination  of  the  votes  returned 

as  aforesaid,  reciting  said  articles  of  amendmeni,  and 
announcing  that  one  or  both  of  said  articles  have  been 
duly  adopted  and  ratified  by  the  people  of  this  Common- 
wealth, and  thus  become  a  part  of  the  constitution  thereof, 
and  requiring  all  magistrates  and  officers,  and  all  citizens 
of  the  said  Commonwealth,  to  take  notice  thereof,  and 
govern  themselves  accordingly  ;  or  that  one  or  both  of 
said  articles  of  amendment  have  been  rejected,  as  the  case 
mav  be. 


1890.  — Chaptees  72,  73.  557 

Resolved,  That  a  printed  copy  of  these  resolves,  includ-  f^^ivesto'ife 
inof  the  said  articles  of"  amendment,  shall  be  transmitted,  tnmsniiued  to 

111  !•     ^        /-^  wi       tlie  cities  and 

as  soon  as  may  be,  by  the  secretary  ot  the  Lommonweaith,  towns  of  the 
to  the  mayors  and  aldermen  of  the  several  cities  and  the  wea^uh?"" 
selectmen  of  the  several  towns  of  this  Commonwealth. 

Approved  June  13,  1890. 

Resolve  PROviDiNa  for  the  printing  of  the  laws  relating    (JJian.   72 

TO    ELECTIONS. 

JResoh'ed,    That   the    secretary  of  the    Commonwealth  Laws  relating 

111  .,  11  •ii/>ji  1    toelections  to  be 

shall  cause  to  be  prepared  and  printed  nve  thousand  printed  and  dis- 
copies  of  a  pamphlet  containing  the  acts  passed  at  the  ^"''"'«'''- 
present  session  relating  to  elections  together  with  the 
provisions  of  the  Public  Statutes  and  other  laws  now  in 
force  relating  to  elections,  with  proper  notes  and  refer- 
ences and  a  complete  index  in  such  form  as  may  be 
convenient  for  preservation  and  use  in  the  several  cities 
and  toAvns  of  the  Commonwealth  ;  one  copy  to  be  fur- 
nished to  each  member  of  the  present  legislature,  and  as 
many  copies  to  each  city  and  town  clerk  as  shall  be 
necessary  to  enal)le  him  to  retain  one  copy  for  his  own 
use,  one  copy  in  his  office  for  the  use  of  the  public,  and 
to  furnish  two  copies  for  the  use  of  the  board  of  registrars 
of  voters  and  two  copies  for  the  use  of  the  election  officers 
in  each  voting  precinct.  Approved  June  13,  1890. 


Chap.  73 


Resolves  relating  to  the  boundary  line  between  the  com- 
monwealth OF  MASSACHUSETTS  AND  THE  STATE  OF  NEW  HAMP- 
SHIRE. 

Resolved,  That  that  portion  of  the  boundary  line  be-  Monuments  to 
tween  the  State  of  New  Hampshire  and  this  Commonwealth,  markThe  bo°un- 
agreed  upon  by  the  commissioners  on  the  part  of  the  State  uveenThe^'com- 
of  New  Hampshire  and  the  Commonwealth  of  Massachu-  SaL^cWtte 
setts  on  the  sixteenth  day  of  Aug-ust   in    the    year  one  and  the  state  of 
thousand  eight  hundred  and  eighty-eight,  and  referred  to  shire. 
in  house  document  numbered  four  hundred  and  ninety  of 
the   year  one  thousand  eight  hundred  and  eighty-nine, 
being  the  report  of  said  commissioners  for  this  Common- 
wealth at  the  last  session  of  the  general  court,  be  assented 
to  on  the  part  of  the  Commonwealth,  and  that  said  com- 
missioners for  the  Commonwealth  be  hereby  authorized  to 
erect   suitable  and  permanent  monuments  to  mark  said 
line  ;  and  be  directed  to  prepare  and  file  in  the  office  of  commisBionerg 

,  /•ji/-i  11  n    ^^  i  to  Hie  plans  and 

the  secretary  ot  the  Commonwealth  a  full  and  accurate  make  report. 


558 


1890.  — Chapters  74,  75,  76. 


Copy  of  resolve 
to  l>e  sent  to  the 
governor  of 
New  Hamp- 
shire. 


description  of  said  boundary  line,  giving  the  positions  of 
all  tlie  monuments  at  the  angles,  together  with  the  true 
courses  and  measurements  of  the  distances  between  them, 
accompanied  by  the  several  maps  and  documents  relating 
to  the  work  now  in  their  possession  ;  and  to  make  a  report 
of  their  doings  to  the  general  court,  so  that  said  line  may 
be  accepted  and  established  as  the  true  boundary  line 
between  the  two  stales  forever. 

Resolved,  That  his  excellency  the  governor  of  this 
Commonwealth  be  requested  to  transmit  a  copy  of  this 
resolve  to  his  excellency  the  governor  of  the  State  of  New 
Hampshire.  Approved  June  16,  1890. 


Chap.  74  Resolve 


Fire  escapes  at 
state  normal 
school  at  West- 
lield. 


PROVIDING    FOR     FIRE-ESCAPES    AT     THE    STATE     NORMAL 
SCHOOL   AT   WESTFIELD. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fif- 
teen hundred  dollars,  to  be  expended  under  the  direction 
of  the  state  board  of  education,  for  the  purpose  of  provid- 
ing fire-escapes  and  such  other  proper  and  sufficient  safe- 
guards to  the  boarding  hall  at  the  state  normal  school  at 
Westfield  as  will  secure  it-i  inmates  adequate  protection 
against  fire.  Approved  June  21,  1890. 


Disposal  of 
sewage  at  re- 
formatory 
prison  for 
women. 


Chaj).  75  Resolve  relating  to  the  disposal  of  sewage  from  the  re- 
formatory PRISON  FOR  WOMEN. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three 
thousand  dollars,  to  be  expended  by  the  commissioners  of 
prisons,  for  the  disposal  of  the  sewage  from  the  reforma- 
tory prison  for  women  ;  said  sum  to  be  in  addition  to  the 
amount  said  commissioners  are  authorized  to  expend  by 
chapter  two  hundred  anfi  eleven  of  the  acts  of  the  present 
year.  Approved  Jane  21,  1890. 

Chap,  76  Resolve  to  confirm  the  acts  of  thomas  j.  homer  as  a  jus- 
tice OP  the  peace 
Thomas  J.  Resolved,  That  all  the  acts  done  by  Thomas  J.  Homer 

Homer,  justice  ,         .  ^  ,  ,  j_  ^i        i  c 

of  the  peace,  as  a  justice  01  pcacc,  between  the  seventeentn  day  or 
April  and  the  eleventh  day  of  June  in  the  year  eighteen 
hundred  and  ninety,  are  hereby  confirmed  and  made  valid, 
to  the  same  extent  as  though  he  had  been  during  that 
time  qualified  to  discharge  the  duties  of  said  oflice. 

Ap>proved  June  24,  1890. 


1890.  —  Chapters  77,  78,  79.  559 


ReSOLVK     for    COMPLETINO    the     preparation     and    publication    (Jfinry      77 
OF   THE   PROVINCE   LAWS. 

HesoJved,  That    the  governor  with  the  consent  of  the  commiesioners 

.1.  ,i'ii  -if  ,  J  ^•  to  complete  the 

council  IS  authorized  to  appoint  tor  a  terra  not  exceeding  preparation  and 
three  years  from  the  first  day  of  February  in  the  present  fhe'^province"^ 
j^ear,  three  suitable  persons,  learned  in  the  law  and  his-  '■''''*• 
tory  of  Massachusetts,  to  complete  the  preparation  and 
publication  of  the  acts  and  resolves  of  the  Province  of  the 
Massachusetts  Bay,  of  whom  one  shall  edit  said  work  and 
receive  therefor  for  a  period  not  exceeding  said  term  a 
salary  of  two  thousand  dollars  per  year,  and  the  other 
two  shall  serve  without  compensation  except  such   reim- 
bursement or  allowance  for  travelling  and  other  expenses 
as  the  governor  and  council  shall  approve.     Said  commis- 
sioners shall  be  provided  with  an  office  in  some  suitable     , 
place  in  the  city  of  Boston  and  shall  in  writing  make  a 
report  of  their  doings  to  the  general  court  in  January  of 
each  year.  Approved  June  28,  1890. 


Chap.  78 


messengers, 
pages,  etc. 


Resolve  in  favor  of  the  messengers  and  pages  of  the  sen- 
ate AND  house  of  representatives. 

llesolved,  That  there  Ije  allowed  and  paid  out  of  the  Allowance  to 
treasury  of  the  Commonwealth,  in  addition  to  the  sums 
now  provided  by  law,  the  sum  of  one  hundred  dollars 
each  to  the  door-keepers,  postmaster  and  messengers  of 
the  senate  and  house  of  representatives  and  to  the  clerk 
and  messengers  of  the  sergeant-at-arms  ;  and  the  sum  of 
sixty-seven  dollars  to  each  page.   . 

Approved  July  2,  1890. 

Resolve  in  favor  of  the  widow  of  the  late  john  s.  true    /^z,.      70 

Resolved,  That  there  be  allowed  and  paid  out  of  the  widow  of  John 
treasury  of  the  Commonwealth  to  the  widow  of  the  late  ^'  '^''"''• 
John  8.  True  of  Woburn,  member  of  the  house  of  repre- 
sentatives  from   the   fourteenth    Middlesex    district,  the 
amount  said    True  would  have  been  entitled  to  had    he 
served  as  a  member  to  the  end  of  this  session. 

Approved  July  2,  1890. 


560  Proposed  Amendments  to  the 


PEOPOSED  AMENDMENTS  TO  THE 
CONSTITUTION. 


Amendments  to  The  following  proposed  articles  of  amendment  to  the  Constitution 
proposed"""*'"  <^f  this  Commonwealth  have  been  officially  certified  and  deposited  in 
the  secretary's  department,  as  required  by  chapter  2,  section  32,  of 
the  Public  Statutes,  and  if  agreed  to  by  the  general  court  next  to 
be  chosen,  in  the  manner  jDrovided  by  the  Constitution,  must  be  sub- 
mitted to  the  people  for  their  ratification  or  rejection  :  — 

Resolves  providing  for  amendments  to  the  constitution 
establishing  biennial  elections  of  state  officers  and  mem- 
bers of  the  general  court. 

fhTconslitmion      Resolvcd,  That  it  is  expedient  to  alter  the  Constitution 

proposed,  estab-  of  this  Commonvvealth  by  the  adoption  of  the  subjoined 

elections  of       article  of  amendment;    and  that  the  said  article,  being 

and'n^erabers  of  agreed  to  by  a  majority  of  the  senators  and  two-thirds  of 

cour^t!"'''^'''        the  members  of  the  house  of  representatives  present  and 

voting  thereon,  be  entered  on  the  journals  of  both  houses, 

with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 

general  court  next  to  be  chosen  ;   and  that  the  said  article 

be  published,  to  the  end  that  if  agreed  to  in  the  manner 

provided  by  the  Constitution,  by  the  general  court  next 

to  be  chosen,  it  may  be  submitted  to  the  people  for  their 

approval  and  ratification,  in  order  that  it  may  become  a 

part  of  the  Constitution  of  J^he  Commonwealth. 


ARTICLE    OF   AMENDMENT. 

The  governor,  lieutenant-governor, and  councillors,  shall 
hold  their  respective  offices  for  two  years  next  following 
the  iirst  Wednesday  in  the  January  succeeding  their  elec- 
tion and  until  others  are  chosen  and  qualified  in  their 
stead. 

The  secretary,  treasurer  and  receiver-general,  auditor, 
and  attorney-general,  shall  hold  their  respective  offices  for 


Constitution.  5G1 

two  years,  beginning  with  the  third  Wednesday  in  the 
January  succeeding  their  election  and  until  others  are 
chosen  and  qualified  in  their  stead. 

A  person  shall  be  eligible  as  treasurer  and  receiver- 
general  for  three  successive  terms,  and  no  more. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday 
in  November  in  the  year  eighteen  hundred  and  ninety-two  ; 
and  thereafter  elections  for  the  choice  of  all  the  ofiicers 
before  mentioned  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

All  the  provisions  of  the  existing  Constitution  incon- 
sistent with  the  provisions  herein  contained  are  hereby 
annulled. 

Resolved,  That  it  is  expedient  to  alter  the  Constitution 
of  this  Commonwealth  by  the  adoption  of  the  subjoined 
article  of  amendment ;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  two-thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
general  court  next  to  be  chosen  ;  and  that  the  said  article 
be  published,  to  the  end  that  if  agreed  to  in  the  manner 
provided  by  the  Constitution,  by  the  general  court  next 
to  be  chosen,  it  may  be  submitted  to  the  people  for  their 
approval  and  ratification,  in  order  that  it  may  become  a 
part  of  the  Constitution  of  the  Commonwealth. 


ARTICLE    OF   AMENDMENT. 

Senators  and  representatives  shall  hold  their  respective 
offices  for  terms  of  two  years,  beginning  with  the  first 
Wednesday  in  the  January  succeeding  their  election  and 
continuing  until  the  day  appointed  for  the  assembling  of 
the  general  court  next  elected. 

Each  general  court  shall,  without  any  proclamation  or 
other  act  of  the  governor,  be  finally  dissolved  on  the  day 
preceding  the  day  appointed  for  the  first  assembling  of 
the  next  elected  general  court. 

The  first  election  to  Avhich  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday 
in  November  in  the  year  eighteen  hundred  and  ninety-two  ; 
and  thereafter  elections  for  the  choice  of  all   the  officers 


562  Proposed  Amendments  to  the 

before  mentioned  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

All  the  provisions  of  the  existing  Constitution  incon- 
sistent with  the  provisions  herein  contained  are  hereby 
annulled. 

Senate,  April  9,  1890. 

The  foregoing  articles  of  amendment  are  agreed  to,  a 
majority  of  the  senators  present  and  voting  thereon  having 
voted  in  the  affirmative  ;  and  the  same  are  referred  to  the 
general  court  next  to  be  chosen. 

Henry  H.  Sprague,  President. 

House  of  Representatives,  April  23,  1890. 

The  foregoing  articles  of  amendment  are  agreed  to,  two- 
thirds  of  the  members  of  the  house  of  representatives 
present  and  voting  thereon  having  voted  in  the  affirmative  ; 
and  the  same  are  referred  in  concurrence  to  the  general 
court  next  to  be  chosen. 

William  E.  Barrett,  Sj^eaJcer. 

Resolve  providing  fok  an  amendment  to  the  constitution 
fixing  the  number  of  members  necessary  to  constitute  a 
quorum  in  each  branch  of  the  general  court. 

th"coSuuoc  Resolved,  That  it  is  expedient  to  alter  the  Constitution 
fheuumbero^f"^  ^^  ^^^^  Commouwealth  by  the  adoption  of  the  subjoined 
members  neces  article   of  amendment :    and   that  the  said  article,  being 

sary  to  consii-  i   <       i  •       •  r-      i  i  i  •     i         i- 

tute  a  quorum  agreed  to  by  a  majority  or  the  senators  and  two-thirds  ot 
o"  the  genera/  the  members  of  the  house  of  representatives  present  and 
court.  voting   thereon,   be     entered    on  the    journals   of  both 

houses,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  general  court  next  to  be  chosen  ;  and  that  the  said 
article  be  published,  to  the  end  that  if  agreed  to  in  the 
manner  provided  by  the  Constitution,  by  the  general 
court  next  to  be  chosen,  it  may  be  submitted  to  the  people 
for  their  approval  and  ratification,  in  order  that  it  may 
become  a  part  of  the  Constitution  of  the  Commonwealth. 

ARTICLE    OF   AMENDMENT. 

A  majority  of  the  members  of  each  branch  of  the  general 
court  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  less  number  may  adjourn  from  day  to  day,  and 


Constitution.  563 

compel  the  attendance  of  absent  members.  All  the  pro- 
visions of  the  existing  Constitution  inconsistent  with  the 
provisions  herein  contained  are  hereby  annulled. 

Senate,  April  1,  1890. 

The  foregoing  article  of  amendment  is  agreed  to,  a 
majority  of  the  senators  present  and  voting  thereon  hav- 
ing voted  in  the  affirmative ;  and  the  same  is  referred  to 
the  general  court  next  to  be  chosen. 

Henry  H.  Sprague,  President. 

House  of  Representatives,  May  5,  1890. 

The  foreo^oino;  article  of  amendment  is  ao^reed  to,  two- 
thirds  of  the  members  of  the  house  of  representatives 
present  and  voting  thereon  having  voted  in  the  atfirmative  ; 
and  the  same  is  referred  in  concurrence  to  the  general 
court  next  to  be  chosen. 

William  E.  Barrett,  Speaker. 

Resolve  providing  for  an  amendment  to  the  constitution 
relative  to  the  qualification  of  voters  for  governor, 
lieutenant-governor,  senators  and  representatives. 

Resolved,  By  both  houses,  the  same  being  agreed  to  by  Amendment  to 

.  the  Coustituticn 

a  majority  of  the  senators  and  two-thirds  of  the  members  proposed,  reia. 
of  the  house  of  representatives  present  and  voting  thereon,  qualification  of 
That  it  is  expedient  to  alter  the  Constitution  of  the  Com-  IfZtltox^Z. 
monwealth  by  adov;tinoj  the  sul^ioined  article  of  amend-  ant-governor, 

''  lO  J  senators  and 

ment ;  and  that  the  same,  as  thus  agreed  to,  be  entered  on  representatives. 
the  journals  of  both  houses,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  general  court  next  to  be 
chosen  ;  and  that  the  same  be  published,  to  the  end  that 
if  agreed  to  by  the  general  court  next  to  be  chosen,  in  the 
manner  provided  by  the  Constitution,  it  may  be  su1)mitted 
to  the  people  for  their  approval  and  ratification,  in  order 
that  it  may  become  a  part  of  the  Constitution  of  the  Com- 
monwealth. 

ARTICLE    OF    AMENDMENT. 

So  much  of  article  three  of  the  amendments  of  the  Con- 
stitution of  the  Commonwealth  as  is  contained  in  the 
following  words  :  "  and  who  shall  have  paid,  by  himself, 
or  his  parent,  master  or  guardian,  any  state  or  county  tax, 


5G4  Peoposed  Amendments  to  the  Constitution. 

which  shall,  within  two  years  next  preceding  such  elec- 
tion, have  been  assessed  upon  him  in  any  town  or  district 
of  the  Commonwealth  ;  and  also  every  citizen  who  shall 
be  by  law  exempted  from  taxation,  and  who  shall  be  in  all 
other  respects  qualified  as  above  mentioned",  is  hereby 
annulled. 

House  of  Kepeesentatives,  April  30,  1890. 

The  foregoing  article  of  amendment  is  agreed  to,  two- 
thirds  of  the  members  of  the  house  of  representatives 
present  and  voting  thereon  having  voted  in  the  affirmative  ; 
and  the  same  is  referred  to  the  general  court  next  to  be 
chosen. 

William  E.  Barrett,  Speaker. 

Senate,  May  14,  1890. 

The  foregoing  article  of  amendment  is  agreed  to,  a 
majority  of  the  senators  present  and  voting  thereon  hav- 
ing voted  in  the  affirmative  ;  and  the  same  is  referred  in 
concurrence  to  the  general  court  next  to  be  chosen. 

Henry  H.  Sprague,  President. 


Resolutions.  565 


RESOLUTIONS. 


Resolutions  on  the  death  of  john  s.  true  of  woburn,  rep- 
resentative FROM  the  fourteenth  MIDDLESEX  DISTRICT. 

Resolved,  That  the  house  of  representatives  has  heard  JoVn'^L'^TruVo^f 
with  profound  sorrow  of  the  sudden  death  of  John  S.  True  w^obum,  late  a 

I  -.r,  1  1^  member  01  tne 

of  Woburn,  late  a  member  from  the  fourteenth  Middlesex  general  court. 
district. 

Resolved,  That  the  house  feels  keenly  the  loss  sustained, 
and  deeply  sympathizes  with  the  fiimily  and  friends  of  the 
deceased  in  their  great  bereavement. 

Resolved,  That,  in  token  of  regard  for  the  memory  of 
the  lamented  member,  his  seat  in  this  house  be  draped 
with  the  usual  badge  of  mourning  for  thirty  days. 

Resolved,  That  the  clerk  of  the  house  communicate 
these  resolutions  to  the  family  of  the  deceased,  and  to  the 
mayor  of  the  city  of  Woburn. 

Resolved,  That,  as  a  further  mark  of  respect  to  the 
memory  of  the  deceased,  this  house  now  adjourn. 

In  House  of  Representatives,  adopted  January  9,  1890. 

Resolution  in  relation  to  the  soldiers'  home  in  Massachu- 
setts AT  CHELSEA,  MASS. 

Whereas,  The  soldiers'  home  at  Chelsea,   Mass.,   has  soldiers' Home 
been  supported  by  private  gifts  and  by  gifts  of  the  state,  'setts?^ 
and  has  fulfilled  all   the  functions  of  a  state  home    for 
veterans  of  the  late  war  ; 

Resolved,  That  the  senators  and  representatives  of  this 
state  in  congress  be  requested  to  use  every  effort  to  se- 
cure such  legislation  as  will  entitle  the  soldiers'  home  at 
Chelsea,  Mass.,  to  secure  the  benefit  of  the  act  of  the 
fiftieth  congress,  which  grants  one  hundred  dollars  from 


566 


Resolutions. 


Transfer  of  the 
revenue  mariue 
from  the  juris- 
diction of  the 
treasury  de- 
partment to 
that  of  the  navy 
depaitment. 


the  treasury  of  the  United  States  towards  the  support  of 
each  veteran  in  any  state  home. 

In  House  of  Representatives,  adopted  January  23,  1890. 

In  Senate,  adojyted  in  concurrence  January  28,  1890. 

Resolutions  relative  to  the  transfer  of  the  revenue  marine 
from  the  jurisdiction  of  the  treasury  department  to  the 
jurisdiction  of  the  navy  department. 

Resolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  respectfully  and  earnestly  urge  upon  congress 
the  importance  and  public  benefit  of  transferring  the 
officers,  seamen  and  vessels  of  the  revenue  marine  from 
the  jurisdiction  of  the  treasury  department  to  the  jurisdic- 
tion of  the  navy  department,  and  request  congress  to  pass 
a  bill  eflfecting  that  purpose. 

Resolved,  That  copies  of  these  resolutions  be  sent  to 
the  presiding  officers  of  both  houses  of  congress,  and  to  the 
senators  and  representatives  in  congress  from  this  Com- 
monwealth. 

In  Senate,  adopted  January  28,  1890. 

In  House  of  Representatives,  adopted  in  concurrence  January 
31,  1890. 


Sympathy  of 
the  general 
court  to  the 
secretaries  of 


Resolutions  tendering  the  sympathy  of  the  general  court 
to  the  hon.  james  g.  blaine,  secretary  of  state,  and  the 
hon.  benjamin  f.  tracy,  secretary  of  the  navy. 

Resolved,  That  the  sympathy  of  the  general  court  be 
and  is  hereby  tendered  to  the  Hon.  James  G.  Blaine, 
state^'ancrofThe  Secretary  of  state,  and  the  Hon.  Benjamin  F.  Tracy,  sec- 
'"^^^'  retary  of  the  navy,  in  the  sudden  and  severe  afiiictions 

that  have  recently  come  to  them  and  their  families. 

Resolved,  That  the  officers  of  the  two  branches  of  the 
legislature  forward  this  expression  of  our  regard. 

In  House  of  Representatives,  adopted  February  4,  1890. 

In  Senate,  adopted  in  concurrence  February  5,  1890. 


Railroad  disas- 
ters and  loss  of 
life  from  the 


Resolutions  relating  to  railroad  disasters  and  loss  of  life 
from  the  present  modes  of  coupling  and  heating  cars. 

Whereas,  Thousands  of  persons  are  annually  killed  or 
injured  in  the  making  up  freight  trains  and  handling  the 


Resolutions.  567 

brakes  of  railroad  cars  used  in  interstate  traffic,  which  present  inodes 

...  Til  r  •  f  .of  couplini;  and 

might    be    prevented    by  the    use   oi    uniiorm    automatic  heuungcars. 
couplers  and  train  brakes  ;  and 

W/ie)-eas,  Appalling  railway  disasters,  attended  by  awful 
suffering  and  fearful  loss  of  life,  result  from  the  use  of 
dangerous  and  unscientific  methods  of  heating  and  lighting 
railway  cars  used  in  interstate  passenger  traffic  ;  and 

W/tereas,  Xo  system  of  coupling,  heating  or  lighting  of 
cars  which  will  be  at  once  practicable,  safe  and  uniform  is 
likely  to  be  adopted  by  the  several  railroad  corporations, 
nor  made  compulsory  by  the  hiws  of  the  several  states  ; 
therefore 

HesoJved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  do  most  respectfully  and  earnestly  urge  upon 
congress  the  consideration  of  the  foregoing  subjects,  with 
a  view  to  the  passage  of  resolutions  instructing  the  inter- 
state commerce  commission  to  consider  whether  some 
uniform  means  may  not  be  adopted  to  save  life,  prevent 
suffering,  and  add  to  the  comfort  and  security  of  railway 
passengers  and  employees  in  the  heating,  lighting  and 
operating  of  railway  cars  used  in  interstate  commerce  ;  to 
the  end  that  said  commission  may  make  recommendations 
to  the  various  railroads  within  its  jurisdiction,  and  report 
the  same  to  congress,  with  such  suggestions  as  to  legisla- 
tion on  said  subject  as  may  seem  necessary  or  expedient. 

Resolved,  That  a  copy  of  these  resolutions  be  sent  to 
the  congress  of  the  United  States,  and  to  each  of  our 
senators  and  representatives  therein. 

In  Senate,  adopted  February  6, 1890. 

In  House  of  Representatives,  adopted  in  concurrence  February 
12,  1890.  •  , 

Resolutions  relative  to  the  opening  of  the  charlestown 
navy  yard  and  the  building  of  battle  ships  therein. 

Whereas,  The  Charlestown  navy  yard,  situated  at  the  opeuiug  of  the 
head  of  Boston  harbor  and  within  the  borders  of  ward  uavy'yardTud 
three,  in  the  city  of  Boston,  comprising  about  two  hundred  batti'e"lwps^  °* 
acres  in  territory  and  representing  a  valuation  of  many  tiierein. 
millions  of  dollars,  with  a  magnificent  water  front,  with 
docks    and   wharves,   accessible    at  all    times    to   United 
States  vessels   of  the  heaviest  draft ;   with  storehouses, 
ship  houses,  timber  sheds,  a  rope-walk  and  foundries ; 


568  Resolutions. 

and  with  unequalled  railroad  facilities, — is  generally 
acknowledired  to  be  one  of  the  finest  naval  stations  in 
the  country ;  and, 

WJiereas,  For  some  years  it  has  been  the  policy  of  the 
national  government  to  make  this  navy  yard  a  "closed 
yard "  where  only  a  nominal  force  of  men  can  be  em- 
ployed, hardly  sufficient  to  guard  the  government  prop- 
erty ;  and, 

WJtereas,  Such  a  policy  is  not  calculated  to  benefit  the 
mechanics  or  laborers  who  reside  in  Boston  and  vicinity, 
nor  to  improve  trade  in  that  part  of  Boston  where  the 
navy  yard  is  situated,  —  since  idle  property  when  not 
placed  on  the  market  does  not  contribute  to  the  general 
welfare  of  a  community  or  of  a  state  ;  and, 

WJiereas,  The  attention  of  the  country  has  lately  been 
directed  to  our  navy,  the  condition  of  which  is  greatly 
deplored  by  every  lover  of  the  flag ;  and  if  the  recom- 
mendations of  the  president  of  the  United  States  and  the 
honorable  secretary  of  the  navy  are  to  be  carried  out,  all 
ship-building  plants  in  the  country,  both  public  and  pri- 
vate, will  be  utilized  in  the  building  of  new  cruisers ; 
and, 

^V^lereas,  During  the  late  civil  war  over  six  hundred 
war  vessels  were  built  and  equipped  at  this  navy  yard, 
and  at  one  time  more  than  fifty-tive  hundred  men  were 
employed  therein  ;  and, 

WJiereas,  With  very  little  expense  this  navy  yard  can 
be  brought  out  of  its  state  of  decay,  and  be  put  in  a  suit- 
able condition  for  building  one,  at  least,  of  the  new  gov- 
ernment battle  ships. 

liesolved.  That  w^e  instruct  our  senators  and  request 
our  representatives  in  congress  to  use  their  best  endeavors 
'  to  secure  the  passage  of  an  act  making  the  necessary 
appropriations  to  place  the  Charlestown  navy  yard  in 
working  condition,  and  to  have  battle  ships  built  therein. 
Resolved,  That  our  senators  and  representatives  in  con- 
gress are  hereby  requested  to  urge  such  legislation  as  will 
secure  the  employment  in  the  Charlestown  navy  yard,  and 
in  all  the  navy  yards  of  the  United  States,  of  those  persons 
who  are  best  qualified  for  such  service,  under  the  rules 
and  regulations  of  the  civil  service  commission,  irrespec- 
tive of  political  opinion. 

7/1  Senate,  adopted  Fehriiary  11,  1890. 

In  House  of  Representatives,  adopted  in  concurrence  February 
13,  1890. 


Resolutions.  569 


Resolutions  tendering  the  sympathy  of  the  house  of  repre- 
sentatives TO  THE  SPEAKER  AND  MRS.  BARRETT. 

W/iereas,  This  house  learns  with  sorrow  of  the  death 
of  the  only  child  of  the  speaker,  his  infant  son,  William 
E.  Barrett,  Jr.  :  — 

Resolved,  That  the  heartfelt  sympathies  of  the  mem- 
bers of  this  house  are  hereby  extended  to  the  speaker  and 
Mrs.  Barrett. 

Resolved,  That  a  copy  of  these  resolutions  be  sent  by 
the  clerk  to  the  Hon.  William  E.  Barrett  and  Mrs.  Bar- 
rett and  that  these  resolutions  be  extended  upon  the 
journal  of  the  house. 

In  House  of  Representatives,  adopted  February  24,  1890. 


Resolutions  tendering  the   thanks   of  the  commonwealth 
TO  admiral  lewis  a.  kimberly. 

Resolved,  That  the  heroism  and  fortitude  displayed  by  Thanks  of  the 
Admiral  Kimberly  of  the  United  States  flag-ship  Trenton,  to  Admiral 
and  by  the  ofiicers  and  crews  of  the  United  States  fleet  Ktmberiy,  etc. 
in  the  terrible  hurricane  of  March    sixteenth,   eighteen 
hundred  and   eighty-nine,   which  was  so  destructive  to 
property  and  life  in  the  fleet  under  Admiral  Kimberly's 
command,  at  that  time  in  the  bay  of  Apia,  Samoa,  is 
deserving  of  public  recognition. 

Resolved,  That  the  general  court  of  the  Commonwealth 
of  Massachusetts  hereby  expresses  to  Admiral  Kimberly, 
and  the  oflicers  and  crews  of  the  United  States  ships 
Trenton,  Vandalia  and  Nipsic,  the  high  appreciation  enter- 
tained of  their  fidelity  to  duty,  and  their  heroic  deeds  in 
the  service  of  the  country. 

Resolved,  That  these  resolutions  be  engrossed,  and 
signed  by  the  president  and  clerk  of  the  senate,  and  by 
the  speaker  and  clerk  of  the  house  ;  and  that  his  excel- 
lency the  governor  be  requested  to  sign  the  same,  and 
affix  the  great  seal  of  the  Commonwealth  thereto,  and  for- 
ward these  resolutions  to  Admiral  Kimberly. 

In  Senate,  adopted  March  25,  1890. 

In  House  of  Representatives,  adopted  in  concurrence  March 
28,  1890. 


570  Kesolutions. 


Resolution  concerning  a  revision  of  the  tariff. 

tariff '°"  "^  ^'^^  Resolved,  That  the  senate  of  Massachusetts  recognizes 
that  the  changed  business  conditions  affecting  New  Eng- 
land industries,  in  common  with  those  of  the  rest  of  the 
country,  require  a  thorough  revision  of  the  tariff,  and  a 
reduction  of  the  duties,  so  far  as  the  same  can  be  made 
with  due  regard  to  laboring  and  manufacturing  interests 
but  does  not  deem  it  the  province  of  the  legislature  to 
discuss  the  details  of  subjects  of  national  legislation,  and 
has  full  confidence  in  the  ability  and  intention  of  our  sen- 
ators and  representatives  in  congress  to  deal  adequately 
and  vigilantly  with  the  industrial  as  well  as  with  all  other 
interests  affecting  the  Commonwealth  and  the  country. 

In  Senate,  adopted  April  17,  1890. 

Resolution   in    regard   to    the    enforcement   of   the   law 
against  public  bars. 
Enforcement  of      Besolved,  That  the  senate  is  in  favor  of  the  vigorous 

the  law  against  •  .  .'  -  '^ 

public  bars.  and  impartial  enforcement  of  the  law  against  public  bars, 
and  has  confidence  in  the  ability  and  intention  of  the 
executive  branch   of  the    government  of  the   Common- 


wealth so  as  to  enforce  it. 

In  Senate,  adopted  May  20,  1890. 


The  general  court  of  1890,  during  its  annual  session,  passed  four 
hundred  and  fifty-six  acts  and  seventy-nine  resolves  which  received 
the  approval  of  his  excellency  the  governor. 

"An  act  to  authorize  the  consolidation  of  gas  and  electric  light 
eomi)anies  ■"  was  laid  before  the  governor  for  his  appi'oval,  and  was 
returned  1)v  him  to  the  senate,  in  which  it  originated,  with  his 
objections  thereto  ;  was  reconsidered,  agreeably  to  the  provisions  of 
the  Constitution,  and  the  vote  being  taken  on  passing  the  same,  the 
objections  of  the  governor  to  the  contrary  notwithstanding,  it  was 
rejected,  two-thirds  of  the  senators  present  and  voting  thereon  not 
having  voted  in  tlie  affirmative. 

The  resolves  providing  for  amendm^its  to  the  constitution, 
agreed  to  by  the  general  court  of  1H89,  viz:  —  To  prevent  the  dis- 
franchisement of  voters  because  of  a  change  of  residence  within 
the  Commonwealth,  and  relative  to  soldiers  and  sailors  exercising 
the  right  of  franchise,  Avere  also  agreed  to  by  the  general  court 
of  1890. 

The  resolve  providing  for  an  amendment  to  the  constitution  with 
regard  to  disenfranchising  voters  as  a  punishment  for  crime,  agi'eed 
to  by  the  general  court  of  1889,  was  not  agreed  to  by  the  general 
court  of  1890. 

The  general  court  was  prorogued  on  Wednesday  the  second  day 
of  .July,  the  session  having  occupied  one  hundred  and  eighty -three 
days. 


Governor's  Address. 


571 


I]:^ATJGUEAL    ADDEESS 


HIS  EXCELLENCY  JOHN  Q.  A.  BEACKETT. 


At  twelve  o'clock  on  Thursday,  the  second  day  of 
January,  His  Excellency  the  Governor,  accompanied  by 
His  Honor  the  Lieutenant-Governor,  the  members  of 
the  Executive  Council,  and  officers  of  the  civil  and  mili- 
tary departments  of  the  government,  attended  by  a  joint 
committee  of  the  two  Houses,  met  the  Senate  and  House 
of  Representatives,  in  Convention,  and  delivered  the  fol- 
lowing— 

ADDRESS. 

Gentleme?i  of  the  Senate 

and  House  of  Representatives. 

In  accordance  with  a  custom  of  long  standing,  I  first 
present  to  you  a  statement  of  the  financial  condition  of 
the  Commonwealth,  as  it  appears  from  the  reports  of  the 
various  departments  :  — 


FINANCIAL  STATEMENT. 


Total  debt  Jan.  1,  1889, 
Total  debt  Jan.  1,  1890, 


Decrease, 


SINKING   FUNDS 


Amount  of  sinking  funds  Jan.  1,  1889, 
Amount  of  sinking  funds  Jan.  1,  1890, 


Decrease, 


Actual  expenses,  1888, 

Expenses,  1889,  so  far  as  can  now  be  ascer 


taincd, 


?28,8ol,619  15 

28,251,287  85 

$600,331  30 


^23,2.35,608  84 
21,010,532  60 

$2,225,076  2i 

$5,030,333  51 
5,392,923  45 


572  Goveristor's  Address. 


ESTIMATES   FOR   1890. 

Payments  for  all  purposes, $6,035,719  51 

Receipts,  including  cash  on  hand,  but  exclusive  of 
direct  State  tax, 5,003,037  82 

Deficit, fl,032,681  69 

This  reduction  of  the  sinking  funds  is  due  to  the  pay- 
ment of  portions  of  the  Troy  &  Greenfield  Raih'oad  loan, 
of  the  Massachusetts  war  loan,  of  the  harbor  improve- 
ment loan,  and  of  one  coast  defence  bond.  Of  the  loan 
of  $2,500,000  authorized  for  the  construction  of  the  addi- 
tion to  the  State  House,  $1,900,000  has  been  issued,  and 
the  remainder  will  probably  be  issued  during  the  present 
year.  During  the  year  there  will  be  paid,  of  the  debt  of 
the  Commonwealth,  the  sum  of  $505,129.55,  for  which 
there  is  ample  provision  in  the  sinking  funds. 

Last  year  a  loan  of  $830,000  for  the  construction  of 
armories,  and  a  loan  of  $130,000  for  additional  land  for 
the  extension  of  the  State  House,  were  negotiated.  Stat- 
utory provision  was  made  for  the  borrowing  of  $5,000,000, 
to  be  expended  in  the  construction,  maintenance  and  oper- 
ation of  a  system  of  sewage  disposal  for  the  valleys  of 
the  Mystic  and  Charles  rivers  ;  but  no  portion  of  this  loan 
has  been  neg-otiated. 

Our  financial  standing  is  excellent ;  still,  it  should  be 
our  purpose  to  make  it  better,  and  not  to  enter  upon 
additional  expenditures  unless  such  expenditures  are  neces- 
sary for  the  welfare  of  the  people.  The  cost  of  maintain- 
ing our  government  is  at  all  times  large  ;  let  it  be  our  aim 
to  keep  such  cost  within  proper  limits,  but  at  the  same 
time  to  deal  with  every  question  which  comes  before  us  in 
that  spirit  of  just  liberality  which  has  always  characterized 
Massachusetts. 

TAXATION. 

Closely  connected  with  the  financial  condition  of  the 
Commonwealth  is  the  subject  of  taxation.  The  expenses 
of  the  State  government  are  paid  out  of  the  income 
derived  from  assessments  upon  various  corporations,  from 
the  receipts  for  certain  licenses  and  from  other  sources  of 
revenue,  and  from  a  direct  State  tax.  The  amount  of  the 
latter  assessed  last  year  was  $2,000,000.  While  the  pro- 
portion of  this  tax  paid  by  each  town  and  city  is  small  in 


Governor's  Address.  573 

amount  compared  with  its  expenses  for  local  purposes,  it 
is  nevertheless  a  burden,  which  it  should  be  the  object  of 
the  Legislature  to  lighten  as  far  as  it  is  practicable.  One 
method  of  accomplishing  this  is  by  retrenchment  in  the 
public  expenditures.  Another  is  by  devising  new  sources 
of  revenue.  While  this  latter  method  may  be  but  a  trans- 
fer of  a  part  of  the  amount  to  be  raised  from  one  class  of 
property  to  another,  the  effect  may  be  to  relieve  to  a  con- 
siderable extent  the  industries  and  business  enterprises  of 
the  people,  without  imposing  elsewhere  burdens  that  shall 
be  equally  appreciable. 

As  a  method  of  this  character,  I  suggest  that  you  con- 
sider the  expediency  of  levying,  as  a  duty  or  excise 
upon  settlement  of  estates,  a  tax  upon  legacies  and 
successions.  Small  estates  being  exempted,  so  that 
families  left  with  comparatively  limited  means  by  the 
decease  of  husband  or  father  would  not  be  affected,  an 
excise  of  moderate  amount  upon  larger  estates  would  not 
be,  to  those  who  have  the  good  fortune  to  receive  shares 
therein,  a  tax  at  w^hich  they  could  reasonably  complain. 
It  would  be  far  different  in  this  respect,  being  taken  from 
property  which  comes  to  the  heir,  legatee,  or  devisee,  not 
as  the  result  of  his  labor  or  enterprise,  but  as  a  donation, 
from  the  tax  which  the  merchant,  the  manufacturer,  the 
farmer,  the  workingman,  has  to  pay  out  of  the  income, 
ofttimes  scanty,  which  he  acquires  by  his  energy,  skill 
and  toil.  As  the  State  furnishes,  by  its  laws  and  pro- 
bate courts,  the  instrumentalities  for  the  transmission  of 
property  from  the  deceased  owner  to  those  who  receive 
it,  there  is  a  justice  and  propriety  in  its  imposing  an 
excise  on  such  transmission.  The  rate  should  be  moder- 
ate in  all  cases,  and  less  upon  property  passing  to  the 
widow,  descendants  and  parents,  than  upon  that  going  to 
collateral  kindred,  or  to  institutions  or  to  persons  not 
related  to  the  deceased,  or  what  are  called  collateral  in- 
heritances or  bequests.  These  latter  are  made  a  distinct 
subject  of  taxation  in  some  of  the  States.  In  New  York 
the  amount  derived  from  this  one  source  in  1888  was 
$736,000,  and  in  Pennsylvania  $700,000.       ■ 

It  has  been  estimated,  by  those  who  have  investigated 
the  subject,  that  the  amount  which  could  be,  at  a  reason- 
able rate,  derived  from  the  tax  suggested,  would  be 
sufficient  to  do  away  with  the  necessity  of  any  direct 
State  tax  whatever,  and  to  pay  a  considerable  part  of  our 
county  expenses. 


574  Goveknor's  Address. 

That  there  are  many  and  grave  inequalities  in  our 
present  system  of  taxation,  is  apparent.  These  inequali- 
ties are  found  in  the  rates  of  taxation  in  the  various  towns 
and  cities,  which  last  year  varied  from  $4.30  in  the  town 
of  Cohasset,  to  $23.00  per  thousand  dollars  in  the  towns 
of  Florida  and  Hawley.  The  highest  rates  are  generally 
paid  in  these  towns  whose  people  are  as  a  rule  the  least 
able  to  pay  them.  The  tendency  is  to  an  increase  in  this 
disparity,  inasmuch  as  wealth  is  attracted  to  the  towns 
having  the  lowest  rates,  thereby  increasing  their  valuation 
and  correspondingly  lessening  the  rate.  But  the  differ- 
ence in  rates  is  but  one  of  the  existing  inequalities. 
Many  bear  more  than  their  just  proportion  of  the  public 
expenditures,  and  others  less.  The  present  system  bur- 
dens our  manufacturers  and  merchants  and  farmers  in  a 
way  which  places  them  at  a  disadvantage  in  competing 
with  those  engao-ed  in  similar  business  in  other  states, 
and  who  are  exempt  from  such  burdens.  These  disad- 
vantages affect  not  only  those  who  directly  suffer  them, 
but  indirectly  all  the  industries  and  interests  of  the  State. 
The  subject  is  too  vast  for  any  detailed  discussion  on  an 
occasion  like  this,  but  I  bespeak  for  it  your  careful  and 
com[)rehensive  consideration  in  all  its  bearings. 

I  recommend  that  the  office  of  tax  commissioner  l)e 
separated  from  that  of  the  State  treasurer,  and  made  a 
distinct  department  of  the  government.  By  this  change 
the  duties  of  the  two  offices  would  be  greatly  simplified, 
and  constant  confusion  avoided. 

As  it  is  now,  the  treasurer  is  nominally  tax  commis- 
sioner, though  the  duties  of  that  position  are  mainly  per- 
formed by  the  deputy  tax  commissioner,  who  is  appointed 
l)y  the  treasurer.  Most  of  the  various  State  taxes  are 
really  assessed  by  the  deputy  tax  commissioner,  though 
under  the  tax  commissioner's  name.  The  treasurer  is  a 
member,  and  usually  chairman,  of  the  Board  of  Appeal,  to 
which  claims  for  abatement  of  taxes  are  made ;  and  there- 
fore the  tax  commissioner  occupies  the  anomalous  posi- 
tion of  sitting  as  a  member  of  a  board  of  revision  of  his 
own  work. 

It  seems  to  me,  therefore,  that  the  deputy  tax  commis- 
sioner should  be  made  tax  commissioner,  be  appointed  by 
the  Governor  and  Council,  and  should  assess  all  Statfe 
taxes,  leaving  the  treasurer  to  be  simply  a  receiving  and 
disbursing  officer. 


Goveknor's  Addeess.  575 

I  believe  it  would  be  well  to  repeal  the  law  taxing  the 
dues  capital  of  co-operative  banks.  The  law  under  which 
these  banks  are  established  contemplates  the  investment 
of  substantially  the  entire  capital  paid  in  to  them  in  loans 
secured  l)y  mortgages  of  taxable  real  estate.  As  these 
investments  are  exempt  from  taxation  in  the  banks  under 
the  law  relating  to  the  taxation  of  mortgaged  property, 
the  banks  in  many  cases  have  nothing  left  to  be  taxed ; 
and  those  which  have  any  funds  at  all  that  are  not  loaned 
have  so  small  an  amount  that  the  tax  collected  is  not 
sufficient  to  pay  for  the  cost  of  collecting  it.  , 

AGRICULTURE. 

While  Massachusetts  is  not  classed  as  an  agricultural 
State,  the  interests  of  her  forty  thousand  farmers  are 
important,  and  worthy  of  the  consideration  of  the  legis- 
lature. The  last  census  shows  a  yearly  agricultural  pro- 
duct of  nearly  fifty  million  dollars.  The  large  area  of 
uncultivated  land  within  our  borders  presents  an  oppor- 
tunity for  a  large  increase  in  the  number  of  farms  and  the 
total  amount  of  farm  products.  The  liberal  appropria- 
tions of  former  legislatures  for  the  Agricultural  College, 
the  State  Experiment  Station,  the  agricultural  societies, 
and  for  the  dissemination  of  agricultural  information,  are 
appreciated  by  the  farmers.  It  is  believed  that  these 
appropriations  have  been  judiciously  and  economically 
expended,  and  that  better  methods  of  cultivation  have 
resulted.  A  new  enemy  is  at  present  threatening  the 
agriculture  not  only  of  our  State  but  of  the  whole 
country.  I  refer  to  the  gipsy  moth  (Ocneria  Dispar), 
a  European  insect  which  has  recently  appeared  in  the 
State.  They  are  said  to  attack  almost  every  variety  of 
tree,  as  well  as  the  farm  and  garden  crops.  They  are 
now  confined  to  a  very  small  area  in  Middlesex  County, 
but  have  become  acclimated,  and  are  spreading  with  great 
rapidity.  If  their  eradication  is  to  be  attempted,  imme- 
diate measures  are  of  the  utmost  importance.  The 
officers  and  entomologists  of  our  agricultural  organiza- 
tions will  be  ready  to  furnish  such  suggestions  and  infor- 
mation as  you  may  require  in  acting  upon  the  subject. 

EDUCATION. 

Statistics  compiled  by  the  Board  of  Education  show 
that   the    public    schools    of    the    Commonwealth    have 


576  Goveenoe's  Addeess. 

enjoyed  another  prosperous  year.  The  total  appropria- 
tions for  their  maintenance  was  $7,510,518.85,  an  in- 
crease over  those  of  the  previous  year  of  $433,312.43. 
For  each  child  there  was  expended  $20.42,  the  law  re- 
quiring that  at  least  $3.00  shall  be  so  used. 

In  the  Commonwealth  there  are  367,785  children  of 
school  age,  and  there  have  been  in  the  schools,  of  those 
of  all  ages,  363,166,  the  average  attendance  having  been 
299,537.  As  nearly  as  can  be  ascertained,  there  are  in 
the  Commonwealth  396  private  schools,  an  increase  of 
4§  ;  and  in  these  schools  are  37,620  pupils,  an  increase 
of  7,530.  In  the  236  high  schools  there  are  24,139,  and 
in  the  six  normal  schools  1,352  pupils. 

By  the  statutes  every  town  is  required  to  provide  a 
suitable  place  for  the  confinement,  discipline  and  instruc- 
tion of  its  truant  children.  It  is  also  provided  that,  if 
three  or  more  towns  petition  the  county  commissioners 
therefor,  there  shall  be  established  a  county  truant  school, 
to  which  the  towns  may  send  their  truants.  There  should 
be  such  a  school  in  every  county,  except  in  those  of 
Dukes  and  Nantucket.  Education  is  cheaper  than  crime, 
and  the  statistics  of  all  civilized  countries  show  that  the 
criminal  classes  are  recruited  from  the  ignorant. 

One  of  the  best  indications  of  the  deep  interest  felt  in 
education  is  furnished  by  the  evening  schools,  of  which 
there  are  240  in  51  cities  and  towns,  w^ith  an  average 
attendance  of  12,598.  The  advantages  which  these 
schools  offer  are  enjoyed  by  those  who  have  passed  the 
school  age,  but  who  are  sufficiently  desirous  of  educating 
themselves  to  devote  to  that  purpose  the  evening  hours 
which  they  have  at  their  disposal. 

Starting  with  the  Normal  Art  School,  the  principles  of 
industrial  education  are  being  introduced  into  all  the 
grades.  The  free  text-book  system  has  been  in  operation 
long  enough  to  be  thoroughly  tested,  and  its  advantages 
are  evident.  In  the  way  of  economy  it  saves  fully  one- 
third  of  the  cost  of  school  supplies. 

Never  have  our  public  schools  been  in  so  good  condi- 
tion to  meet  the  educational  wants  of  all  the  people.  You 
may  find  in  your  deliberations  that  they  can  be  improved. 
I  am  confident  that  whatever  you  do  that  relates  to  them 
will  1)0  for  their  advancement,  and  for  strensthenino;  their 
hold  upon  the  public  confidence  and  respect,  so  that  the 
largest  possible  number  of  the  children  of  the  Common- 


Governor's  Address.  577 

■wealth  may  avail  themselves  of  their  advantages,  and 
thereby  become  equipped  for  the  intelligent  discharge  of 
the  duties  of  American  citizenship. 

THE    COURTS. 

It  is  essential  to  the  efficient  administration  of  the 
criminal  laws,  and  is  the  right  of  every  person  accused 
of  crime,  that  such  person  have  a  speedy  trial.  Such 
trial,  however,  in  capital  cases,  is,  under  existing  condi- 
tions, difficult  to  obtain.  For  this  the  court  is  not  respon- 
sible, but  it  is  due  to  the  fact  that  its  time  is  so  occupied 
with  other  duties  that  delays  in  taking  up  such  cases  are 
unavoidable.  As  a  means  of  preventing  such  delays,  I 
suggest  that  you  consider  the  expediency  of  conferring 
jurisdiction  of  capital  cases  upon  the  superior  court,  three 
justices  thereof  to  sit  at  such  trials.  This  is  not  a  new 
proposition,  but  is  one  that  was  advocated  by  the  com- 
missioners on  the  revision  of  the  judicial  system  appointed 
in  1876,  who  in  their  report  say  :  — 

The  commission  further  recommend  that  the  superior  court,  sitting 
with  three  justices,  have  exclusive  jurisdiction  to  try  capital  cases, 
with  a  right  of  exception  in  the  defendant  to  the  supreme  judicial 
court.  As  the  superior  court  already  has  jurisdiction  of  all  lesser 
offences,  and  sits  for  manj-  months  everj^  year  in  the  trial  of  indict- 
ments, its  judges  are  necessai"ily  more  familiar  with  the  criminal  law 
than  are  the  judges  of  the  supreme  judicial  court,  who  tiy  no  criminal 
cases  except  capital  ones.  There  is  no  cause,  therefore,  to  apprehend 
that  those  charged  with  the  capital  offence  will  have  a  less  fair  or  less 
intelligent  trial  than  they  would  get  in  the  higher  court. 

This  recommendation  was  also  made  by  the  attorney- 
general  in  his  last  two  annual  reports.  Any  increase  in 
the  work  of  the  superior  court,  occasioned  by  this  transfer 
of  jurisdiction,  or  by  other  causes,  can  be  met  by  an  in- 
crease in  the  number  of  its  justices,  a  method  of  relief  which 
cannot  be  wi.sely  applied  to  the  supreme  judicial  court.  It 
is  a  question  which  you  may  well  consider,  whether  there 
is  not  already  a  necessity  for  such  increase,  in  order  to 
secure  the  prompt  trial  of  causes.  Although  two  addi- 
tional judges  were  appointed  in  1888,  the  present  volume 
of  business  in  the  superior  court  is  so  great  that  it  is  often 
difficult  to  obtain  a  trial  of  an  action  until  a  long  time 
after  its  commencement.  There  is  need  also  of  more  fre- 
quent terras  for  criminal  business  in  some  of  the  counties. 
In  those  having  only  two  terms  in  the  year,  a  person  ar- 


578  Governor's  Address. 

rested  and  unable  to  give  bail  may  be  compelled,  although 
innocent  of  the  charge  brought  against  him,  to  remain  in 
confinement  nearly  six  mouths,  or  nearly  a  year  even, 
should  his  trial  not  take  place  at  the  first  term  after  his 
arrest.  This  is  a  hardship  and  wrong  which  no  man 
should  suffer.  That  prompt  dispensation  of  justice  in  both 
civil  and  criminal  cases,  which  is  so  important,  would,  it 
seems  to  me,  be  facilitated  by  the  suggested  transfer  of 
jurisdiction  to  the  superior  court,  and  by  such  addition  to 
the  number  of  its  judges  as  may  be  deemed  necessary. 

In  view  of  the  large  amounts  of  property  held  in  trust, 
and  the  importance  of  its  faithful  management,  I  call  your 
attention  to  the  propriety  of  providing  for  the  appoint- 
ment of  persons  to  examine  and  verify  securities  shown  in 
trustees'  and  guardians'  accounts  in  probate  courts. 

The  beneficiaries  under  trusts  are  largely  of  a  class 
unable  or  unaccustomed  to  transact  business  for  them- 
selves, and  it  is  obviously  inconvenient  and  impracticable 
to  produce  such  securities  in  court,  even  were  there  time  to 
examine  them  there.  In  the  existing  practice  in  regard 
to  this  matter,  deficiencies  may  exist  for  years  without 
coming  to  the  knowledge  of  any  person  interested. 

The  safe  keeping  of  original  wills  and  bonds  in  probate 
courts  is  another  topic  deserving  your  attention.  At  pres- 
ent the  practice  is  to  keep  them  on  file  with  the  other 
papers  of  a  case,  and  they  are  readily  accessible  to  every 
interested  person.  The  opportunity  for  abstracting  or 
altering  these  important  papers  is  one  that  should  be 
guarded  against. 

COUNTY    AFFAIRS    AXD    CRIMmAL    COSTS. 

I  renew  the  recommendation  of  my  immediate  prede- 
cessor, that  there  be  a  revision  of  the  statutes  relating  to 
the  inferior  courts  and  to  criminal  costs  in  all  the  courts. 
I  have  examined  the  last  report  of  the  controller  of  county 
accounts,  and  concur  in  many  of  its  conclusions.  That 
we  have  oufo'rovvn  some  of  the  methods  of  transacting 
county  and  court  business  is  apparent.  Some  statutes  are 
plainly  obsolete,  and  others  need  amendment  to  meet  the 
conditions  of  the  present  time. 

I  invite  special  attention  to  the  trial  justice  system.  It 
may  not  be  possible  to  do  away  with  it  altogether,  but  I 
am  of  the  opinion  that  it  can  be  improved.  I  submit  to 
your  consideration  the  questions  whether  the   territorial 


Governor's  Address.  579 

jurisdiction  of  existins:  district  and  police  courts  may  not 
in  many  instances  be  increased  to  advantage,  and  whether 
there  is  not  a  better  way  of  compensating  trial  justices 
than  by  fees. 

PRISONS    AND    REFORMATORIES. 

The  Legislature  of  1887  abolished  the  "contract  system" 
of  labor  in  the  prisons  of  the  Commonwealth.  The  law 
providing  for  this  change  went  into  effect  on  November  1 
of  that  year,  and  thus  its  provisions  have  been  in  opera- 
tion a  little  more  than  two  years.  This  change  w\as  wise 
and  in  harmony  with  the  progressive  spirit  of  the  time. 
Profit  is  no  longer  the  main  reason  for  the  employment  of 
prison  labor,  but  the  reformation  of  the  prisoner  by  teach- 
ing him  to  become  an  efficient  workman  takes  the  first 
place.  Those  who  are  committed  to  the  penal  and  re- 
formatory institutions  of  the  Commonwealth,  instructed 
as  they  are  in  all  the  branches  of  a  trade,  are  restored  to 
society  well  fitted  to  occupy  in  it  a  reputable  position. 
Moreover,  the  discipline  of  the  prisons  is  more  easily 
maintained,  and  the  financial  showing  is  much  more  favor- 
able than  it  was  anticipated  it  would  be. 

In  his  last  report  the  General  Superintendent  of  Prisons 
advocates  the  repeal  or  amendment  of  that  section  of  the 
law  which  prohibits  the  purchase  of  new  machinery  to  be 
run  by  other  than  foot  or  hand  i)ower.  The  chief  reason 
for  this  recommendation  is  that  this  restriction  inflicts  an 
injury  upon  the  prisoner.  At  the  expiration  of  his  sen- 
tence he  should  be  prepared  to  meet  the  conditions  which 
the  world  imposes  upon  him  ;  and  without  the  knowledge 
needed  to  operate  improved  machinery  he  is  not  fully 
equipped  to  meet  those  conditions,  and  hence  is  in  greater 
danger  of  drifting  again  into  unlawful  pursuits. 

I  recommend  the  enactment  of  a  law  authorizing  the 
payment  to  prisoners  in  the  State  Prison  and  the  reforma- 
tories, under  rules  to  be  made  by  the  Prison  Commis- 
sioners and  approved  by  the  Governor  and  Council,  of 
some  proportion  of  their  earnings.  Such  an  allowance, 
graded  according  to  industry  and  l)ehavior,  would  furnish 
the  prisoner  with  an  additional  motive  for  good  conduct 
and  for  doing  faithful  and  efficient  work.  It  would 
enable  him  to  contribute  something  to  the  support  of 
those  dependent  upon  him,  and  who,  though  innocent, 
are  often  the    sfreatest    sufferers  from   his    incarceration. 


580  Governor's  Address. 

It  would  give  him  a  fund  upon  his  discharge  to  aid  him 
to  go  through  the  period  immediately  succeeding,  when 
it  is  always  difficult  for  him  to  obtain  honest  employment, 
and  when,  penniless  and  out  of  work,  he  is  liable  to  be 
tempted  again  to  resort  to  the  commission  of  crime.  A 
law  of  this  character  has  gone  into  operation  in  New  York 
during  the  past  year,  and  the  experiment  is  worth  being 
tried  here. 

The  Massachusetts  Reformatory  and  the  Reformatory 
Prison  for  Women  are  both  based  on  the  principle  of 
making  the  reformation  of  the  prisoners  the  primary 
object  in  prison  management.  Both  have  amply  justified 
their  establishment,  and  their  administration  is  entitled 
to  special  commendation.  The  subject  of  prison  reform 
is  one  in  which  the  public  interest  is  happily  growing, 
and  anything  you  can  do  to  promote  it,  and  to  secure 
such  changes  in  conformity  therewith  as  will  conduce  to 
improvements  in  the  management  of  all  our  penal  and 
reformatory  institutions,  will  be  a  work  worthy  of  your 
best  efforts. 

PUBLIC    HEALTH. 

The  State  has  wisely  assumed  the  investigation  of  the 
causes  and  effects  of  epidemic  diseases,  as  the  spread  of 
such  diseases  is  not  necessarily  confined  to  the  limits  of 
any  city  or  town.  It  is  capable  of  demonstration  that 
they  have  been  largely  prevented  by  the  efforts  of  State 
and  local  health  boards. 

Between  the  health  authorities  of  the  Commonwealth 
and  those  of  the  cities  and  towns,  there  should  be  close 
relation,  in  order  that  they  may  work  well  together  when 
mutual  assistance  is  necessary.  To  this  end  a  better 
organization  of  local  boards  of  health  should  be  brought 
about. 

Our  laws  to  prevent  the  adulteration  of  food  and  drugs 
are  wise  and  have  been  well  administered.  If  others  for 
the  same  purpose  are  needed  they  should  be  promptly 
enacted,  both  for  the  protection  of  the  people,  who  have 
the  right  to  be  assured  that  the  food  and  medicines  they 
buy  for  themselves  and  their  ftmiilies  are  pure,  and  just 
what,  in  kind  and  quality,  they  are  represented  to  be,  and 
to  protect  the  honest  producer  from  being  injured  by 
having  to  compete  with  products  which  are  fraudulent 
and  impure. 


Govehnor's  Address.  581 


LUXACY    AND    CHARITY. 

That  there  is  :i  steady  increase  in  the  number  of  insane 
persons  in  the  Commonwealth,  the  statistics  collected  by 
the  State  Board  of  Lunacy  and  Charity  unhappily  show. 
On  the  tirst  of  December  last  the  five  State  Hospitals  and 
the  Worcester  Asylum,  which  can  properly  accommodate 
2,950,  had  an  aggregate  population  of  3,474  inmates. 
Beside  these  there  are  probably  1,100  insane  persons 
under  the  direction  of  local  overseers  of  the  poor,  and 
118  insane  persons  who  are  boarded  in  families.  It  is 
safe  to  say  that,  including  the  very  considerable  number 
of  unreported  cases,  there  are  at  least  5,000  persons  of 
unsound  mind  in  the  State. 

For  the  proper  care  of  this  numerous  and  steadily  in- 
creasing class  of  those  who  are  thus  unfortunate,  additional 
hospital  accommodations  are  needed.  It  is  the  opinion  of 
those  who  are  most  competent  to  judge  of  the  matter  that, 
to  meet  the  present  necessity,  a  large  farm  should  be  pur- 
chased within  a  reasonable  distance  of  Boston,  and  build- 
ings erected  at  once  for  1,000  patients.  These  buildings 
should  consist  of  groups  of  plainly  built  and  thoroughly 
equipped  cottages,  thus  making  it  possible  to  properly 
classify  the  patients. 

For  the  accommodation  of  the  insane,  many  of  the  alms- 
houses of  the  cities  and  towns  are  in  an  unsatisfactory 
condition.  Such  action  should  be  taken  that  a  condition 
of  things  not  in  accordance  with  the  intent  of  the  law  will 
be  speedily  remedied.  It  is  also  important  that  you  con- 
sider whether  any  other  measures  are  demanded  for  the 
protection  and  better  treatment  of  the  indigent  insane. 

Another  branch  of  this  topic  is  the  proper  care  and 
custody  of  the  criminal  insane,  who  should  be  kept  in  a 
separate  institution  from  those  who  have  committed  no 
crime. 

STATE    PURCHASING    AGENT. 

I  am  convinced  that  a  considerable  reduction  could  be 
made  in  State  expenses  if  all  purchases  of  supplies  for  our 
various  charitable,  penal  and  reformatory  institutions,  and 
for  all  other  State  purposes,  except  where  the  amount  is 
trifling,  were  made  ])y  an  agent  appointed  by  the  Governor 
and  Council.  Such  officers  are  employed  by  our  large  and 
most  prudently  managed  railroad  and  other  corporations 


582  Governor's  Address. 

requiring  large  quantities  of  supplies,  and  the  State  could 
wisely  follow  their  example.  Contracts  by  such  an  officer 
should  be  made  under  the  supervision  of  the  Governor 
and  Council,  and  after  advertising  for  proposals,  except 
in  special  exigencies  or -where  only  a  small  quantity  of 
goods  of  a  particular  class  is  needed.  Should  you  concur 
in  the  opinion  which  I  have  expressed,  it  is  my  belief  that 
the  salary  required  to  secure  the  services  of  a  competent 
officer  for  this  purpose  would  be  but  slight  in  comparison 
with  the  saving  to  the  treasury  which  would  be  efiected  by 
his  employment. 


SAVINGS    BANKS    AND    CO-OPERATIVE    BANKS. 

The  aggregate  statement  of  the  savings  banks  of  the 
State  for  the  year  ending  Oct.  31,  1889,  shows  total 
deposits  of  $332,723,688.59,  and  assets  amounting  to 
$350,072,392.12.  Comparison  with  the  figures  of  the  pre- 
ceding year  indicates  an  increase  in  deposits  of  $17,538,- 
618.02  and  in  assets  of  $18,865,525,53,  the  largest  gain 
in  any  year  since  1875.  There  are  1,029,694  deposit 
accounts,  averaging  $323.13  each,  a  deposit  account  for 
every  two  persons  of  the  entire  population  of  the  State 
and  an  average  per  capita  of  $171.38,  which  affords  good 
evidence  of  the  thrift  of  the  people.  Of  the  deposits  of 
the  past  year  nearly  one-half  in  number  and  amount  were 
made  by  women. 

There  were  in  the  State,  Oct.  31,  1889,  93  co-opera- 
tive banks,  an  increase  during  the  year  of  27.  Their 
total  assets  on  that  date  were  $7,041,001.00,  and  the 
number  of  their  members  was  36,747.  While  the  rapid 
growth  of  these  useful  institutions  in  number,  membership 
and  assets,  is,  like  the  deposits  in  the  savings  banks, 
encouraging  as  a  proof  of  the  public  prosperity  and  of 
the  appi'eclation  I)y  the  people  of  the  large  benefits  which 
they  confer,  there  is  a  possible  danger  of  their  establish- 
ment, by  persons  not  familiar  with  the  requirements  of 
the  system,  in  places  too  small  in  population  or  where  the 
conditions  are  otherwise  not  well  adapted  for  their  suc- 
cessful operation,  and  legislation  in  reference  to  this 
may  be  advisal)lc.  There  is  also  necessity  for  legislation 
concerning  comi)anies  chartered  in  other  states  and  trans- 
acting here  business  of  a  nature  similar  to  that  of  the 
co-operative  banks. 


Governor's  Address.  583 


INSURANCE. 

There  is  a  demand  for  a  revision  of  the  laws  in  relation 
to  the  taxation  of  Massachusetts  fire  and  marine  insurance 
companies.  The  Insurance  Commissioner  in  his  report 
for  1888  says  :  — 

Of  one  thing-  our  domestic  companies  complain  with  reason, — 
taxation.  Massachusetts  insurance  companies  are  subject  to  the 
ordinary  corporate  rate  of  taxation  upon  their  capital ;  companies  of 
other  States  or  countries  upon  the  amount  of  their  premium  receipts, 
dei)endino;  upon  the  volume  of  their  business  within  this  Common- 
Avealth.  True,  this  tax  is  precisely  like  that  upon  corporations 
organized  tor  other  purposes ;  and  it  may  be  difficult  to  arrange  a 
rate,  diflfering  from  the  ordinary,  for  anj-  particular  class  of  business. 
But  there  is  a  divergence  in  the  scope  and  methods  of  insurance  from 
every  other  class  of  corporate  transactions,  entitling  the  capital 
engaged  therein  to  special  consideration. 

In  the  year  188()  Massachusetts  capital  invested  in  the 
business  of  fire  and  marine  insurance  amounted  to  $6,507- 
200.00,  upon  which  the  tax  levy  was  $77,970.41.  If 
these  companies,  having  this  capital  and  paying  this  tax, 
had  been  chartered  outside  of  the  State,  and  had  done 
within  it  a  like  amount  of  business,  they  would  have  been 
called  upon  to  pay  but  $38,824.04.  It  will  be  seen  that 
the  Massachusetts  companies  pay  a  penalty  to  the  extent 
of  more  than  double  taxation  for  the  privilege,  or  mis- 
fortune, of  being  home  corporations. 

In  these  days  of  fierce  competition  capital  natural  1}' 
seeks  investment  in  that  business  which  has  the  smallest 
burden  to  bear.  There  is  little  inducement  to  invest  in 
a  home  insurance  company.  It  would  be  well  in  order 
to  make  such  investment  more  desirable,  to  consider  the 
propriety  of  taxing  the  business,  and  not  the  capital,  of 
domestic  insurance  companies,  thus  placing  them  on  the 
same  footing  as  that  occupied  by  their  competitors. 

RAILROADS. 

To  the  last  Legislature  were  submitted  two  important 
discussions  of  the  various  questions  relating  to  grade 
crossings.  The  report  of  the  Board  of  Railroad  Commis- 
sioners dealt  with  the  evils  resulting  from  them  and  sug- 
gested legislation  designed  to  limit  their  creation,  to  secure 
greater  protection  at  those  already  existing,  and  to  provide 
more  simple  and  effective  means  for  their  gradual  abolition. 


584  Governor's  Address. 

The  report  of  the  Special  Commission  on  Grade  Crossings, 
which  commission  consisted  of  three  civil  engineers,  dis- 
cussed principally  the  engineering  problems  involved. 

I  commend  these  two  reports  to  you  as  containing  very 
full  and  valuable  information  on  the  subject.  The  prob- 
lems are  not  easy  of  solution,  but  they  involve  questions 
of  life  and  death  as  well  as  of  public  convenience,  and 
action  on  them  should  not  further  be  postponed. 

The  Legislature  of  1888,  at  the  instance  of  the  Board 
of  Eailroad  Commissioners,  adopted  resolutions  urging 
Conijress  to  leg-islate  with  reference  to  freio;ht-train  brakes, 
to  freight-car  couplers,  and  couplers  for  steam  heating. 
These  resolutions  were  duly  referred  to  the  appropriate 
committee  of  Congress,  and  the  President  of  the  United 
States,  in  his  late  message,  commended  the  subject  as  of 
great  and  pressing  importance.  As  a  result  of  the  move- 
ment initiated  in  this  State,  there  is  now  reason  to  hope 
that  uniform  couplers  and  continuous  brakes  on  freight 
trains  will  soon  be  required  on  all  cars  used  in  interstate 
commerce,  and  that  brakemen  will  consequently  be  saved 
from  many  dangers  to  which  they  are  now  exposed.  I 
suggest  that  by  resolution  or  otherwise  you  urge  prompt 
action  by  Congress  upon  the  subject. 

Our  railroads,  during  the  year  ending  on  the  30th  of 
June  last,  carried,  on  all  the  lines  operated  by  them  within 
and  without  the  State,  ninety-three  and  one-half  million 
passengers  ;  and  I  am  happy  to  be  able  to  announce  that 
within  this  State  not  a  single  passenger  was  killed  by 
causes  beyond  his  own  control. 


IMPROVEMENT    OF    HIGHWAYS. 

It  is  important  that  the  public  roads  be  kept  in  the  best 
possible  condition  for  the  safety,  convenience  and  pleasure 
of  the  people.  This  subject  is  one  in  which  great  interest 
is  at  the  present  time  being  manifested,  not  only  in  this 
State  but  in  others.  That  there  is  ample  room  for  im- 
provement is  apparent.  As  one  step  in  this  direction, 
my  predecessor,  in  his  message  of  last  year,  recommended 
the  appointment  of  a  commissioner  of  highways,  with  cer- 
tain specified  duties.  I  commend  to  your  careful  con- 
sideration this  proposition,  and  all  others  which  maj^  be 
submitted  to  3'ou  looking  to  a  better  system  of  construc- 
tion and  repair  of  our  public  ways. 


Governor's  Address.  585 


DANGERS   FROM    FIRE    AND   ELECTRICITY. 

The  recent  disastrous  conflagrations  in  Lynn  and  Bos- 
ton forcibly  suggest  the  importance  of  your  considering 
■whether,  hy  the  revision  of  the  buihling  Liws  and  meas- 
ures for  their  better  enforcement,  or  by  other  pertinent 
legislation,  more  effective  safeguards  cannot  be  provided, 
which  will  diminish  the  danger  of  such  disasters  in  the 
future.  The  report  that  the  Boston  Are  was  caused  by 
an  electric  wire,  and  the  accidents  almost  daily  occurring 
from  the  same  cause,  admonish  us  that,  while  electricity 
has  been  made  so  largely  subservient  to  the  uses  and 
conveniences  of  civilization,  it  is  adding  to  the  insecurity 
of  life  and  property.  The  necessity  is  urgent  for  the 
enactment  of  laws  for  the  supervision  and  regulation  of 
electric  wires  wherever  they  exist,  and  for  such  other 
carefully  matured  measures  as  will,  without  impairing  the 
use  of  electricity,  lessen  the  perils  attendant  thereon. 

BALLOT    REFORM    IN    PRIMARY   MEETINGS. 

The  first  elections  under  what  is  popularly  known  as 
the  Australian  system  have  recently  been  held,  and  have 
demonstrated  the  great  advantages  of  the  new  method  of 
voting.  In  view  of  its  success,  and  of  the  importance 
of  the  primary  meetings  in  influencing  our  elections,  I 
suggest  that  you  consider  the  advisability  of  legislation 
applying  the  new  method,  as  far  as  is  practicable,  to  such 
meetings.  The  Legislature  has  already  enacted  a  law  for 
their  regulation,  and  any  additional  measures  which  would 
increase  public  interest  and  strengthen  confidence  in  them, 
and  render  them  more  fully  representative  of  the  will  of 
the  people,  would  be  promotive  of  good  government. 

THE    CIVIL    SERVICE. 

The  work  of  the  civil  service  commissioners  for  the 
year  has  been  successful  and  progressive,  and  conducted 
upon  the  same  rules  and  practice  as  in  former  years. 
The  only  extension  of  the  classified  service  during  the 
year  was  the  inclusion  of  janitors  and  engineers  in  the 
public  schools  of  Boston,  required  by  chapter  352  of 
the  Acts  of  1889. 

One  of  the  suggestions  of  the  commissioners,  which  I 
commend  to  your   consideration,  is   the    enactment  of  a 


586  Governor  s  Address. 

general  law,  providing  that  all  police  ofBcers  shall  be 
appointed  to  serve  until  removed  for  cause.  In  seventeen 
of  our  twenty-five  cities  they  are  now  so  appointed,  either 
by  virtue  of  special  acts  or  by  provision  in  the  original 
charters.  It  seems  to  me  that,  as  this  tenure  during 
good  behavior,  where  it  has  been  tested,  has  produced 
excellent  results,  the  time  has  come  when  it  should  be 
established  in  all  our  cities. 

THE    STATE    HOUSE    EXTENSION. 

Work  upon  the  construction  of  the  addition  to  the  State 
House,  for  which  provision  was  made  by  the  legislatures 
of  1888  and  1889,  is  progressing  satisfectorily.  Contracts 
have  been  made  for  excavating  a  portion  of  the  lot,  for 
all  the  granite  and  for  all  the  general  masonry,  while 
negotiations  for  the  marble  and  for  the  iron  w^ork  are 
nearly  completed. 

On  Forefathers'  Day,  the  21st  of  last  month,  the  corner- 
stone of  the  structure  was  laid,  with  appropriate  cere- 
monies, by  my  immediate  predecessor  in  this  office ;  and 
there  is  good  reason  to  believe  that  within  two  years  from 
the  present  time  it  will  be  practically  completed. 

MILITIA. 

The  militia  is  in  effective  condition,  as  has  recently 
been  shown  in  its  response  to  calls  in  aid  of  the  civil 
power  for  the  protection  of  the  property  of  our  citizens. 

The  adjutant-general  and  board  of  officers,  consisting 
of  brigade  and  battalion  commanders,  recommend  an 
increase  in  the  number  of  days  for  tours  of  camp  instruc- 
tion. In  some  states  the  encampments  are  of  one  week's 
duration,  and  it  is  claimed  that  a  great  gain  in  efficiency 
is  the  result,  which  warrants  the  increased  expenditure. 

Many  officers  and  men,  by  their  long  and  meritorious 
service,  are  entitled  to  recognition  ;  and  the  advisal)ility 
of  issuing  a  lonij-service  medal  or  badge  will  be  considered 
during  the  coming  year. 

The  annual  appropriation  for  pay  and  transportation, 
while  ample  for  the  regular  tours  of  duty  upon  which  the 
estimates  are  based,  is  insufficient  when  emergencies  which 
are  liable  to  arise  occur,  as  was  the  case  during  the  past 
year,  when  the  expenses  attendant  upon  the  reception  of 
the  President  of  the  United  States,  and  the  fire  at  Lynn, 


Governor's  Address.  587 

caused  a  deficiency  which  must  be  met  by  a  special  appro- 
priation. I  would  suggest  an  annual  appropriation,  to  be 
placed  under  the  control  of  the  Governor  and  Council,  to 
meet  extraordinary  expenses  of  this  nature. 

NATIONAL  ENCAMP.AIENT  OF  THE  GRAND  ARMY  OF  THE 

REPUBLIC. 

The  national  encampment  of  the  Grand  Army  of  the 
Eepublic  is  to  be  held  in  Boston,  in  August  next.  Im- 
portant and  interesting  as  these  gatherings  always  are, 
this  one  wmII  be  especially  so,  as  it  takes  place  in  the  same 
year  with  the  quarter  centenary  of  the  crowning  victory 
at  Appomattox.  It  is  expected  that  in  the  streets  of 
Boston  will  march  tens  of  thousands  of  veterans,  coming 
from  nearly  every  state  and  territory  in  the  Union,  many 
of  them  liearing  the  flags  they  bore  at  Gettysburg  and  on 
the  other  great  battlefields  of  the  war. 

This  demonstration,  probably  never  to  be  repeated  on 
so  magnificent  a  scale  within  this  Commonwealth,  will  be 
an  object-lesson  to  our  children,  the  value  of  which  cannot 
easily  be  estimated.  Massachusetts  has  been  honored  by 
the  selection  of  her  capital  as  the  place  for  this  assemblage, 
and  should  manifest  her  appreciation  of  the  honor  b}^  co- 
operating with  the  members  of  the  Massachusetts  depart- 
ment of  the  Grand  Army,  and  wath  all  other  patriotic 
citizens,  in  making  the  occasion  one  that  shall  be  worthy 
of  the  State  and  of  the  organization  which  will  be  here 
convened.  The  liberal  spirit  in  which  the  Commonwealth 
has  always  endeavored  to  discharge  her  obligations  to  her 
soldiers  will  doubtless  be  shown  with  reference  to  this 
event,  which  will  be  not  only  one  of  widespread  interest, 
but  instructive  and  useful  as  well,  in  strengthening  in  the 
hearts  of  the  people  the  sentiments  of  patriotism  which  are 
nurtured  by  whatever  recalls  the  memories  of  the  w'ar  which 
closed  a  quarter  of  a  century  ago. 

MASSACHUSETTS'    MILITARY    AND    NAVAL    HISTORY. 

The  State  military  and  naval  historian  has  submitted  to 
me  the  preliminary  plans  for  his  work,  which  promise 
results  of  great  value.  They  imply,  however,  an  amount 
of  labor  which  cannot  be  expected  of  any  one  man  ;  and 
the  allowance  made  by  the  last  Legislature  for  necessary 
expenses  in   this   department   appears   to   be   inadequate. 


588  Governor's  Address. 

The  subject  is  entitled  to  your  early  attention  ;  and  I  think 
you  will  agree  with  me,  that,  this  work  having  been  under- 
taken, it  should  l)e  carried  out  on  a  scale  commensurate 
Avith  its  importance. 

LABOR    LEGISLATION. 

In  practical  measures  for  promoting  the  well-being  of 
that  portion  of  the  people  who  gain  their  livelihood  by 
manual  toil,  Massachusetts  is  in  advance  of  any  other 
state.  These  laws  as  a  whole  are  creditable  to  our  wis- 
dom and  humanity.  To  enable  those  who  contribute  by 
their  lal)or  to  the  industries  upon  which  the  material  pros- 
perity of  the  State  depends  to  share  equitably  in  the  joint 
product  of  capital  and  labor,  so  that  they  may  enjoy  in  the 
largest  attainable  measure  the  comforts  and  advantages  of 
life,  is  an  end  which  all  should  seek,  and  to  the  attainment 
of  which  the  government  should  contribute  in  such  ways 
as  come  properly  within  its  province.  Legislation  upon 
the  subject  should  not  be  based  upon  any  implied  antago- 
nism between  capital  and  labor,  or  urged  in  any  spirit  of 
hostility  to  either,  but  should  be  considered  w^ith  a  due 
regard  to  the  rights  and  interests  of  both,  and  to  its  effect 
upon  the  general  welfare. 

One  of  our  valuable  labor  laws,  which  has  tended  to 
foster  that  harmony  which  is  desirable  in  our  industrial 
system,  is  that  establishing  the  Board  of  Arbitration.  It 
has  served  as  a  mediator,  bringing  together  employers 
and  employed  who  for  the  time  being  were  estranged, 
and  in  many  instances  enabling  them,  by  conference  and 
calm  discussion,  to  reach  an  amicable  adjustment  of  differ- 
ences, on  a  basis  reasonably  satisfactory  to  all  concerned. 
Wherever  the  methods  of  arbitration  and  conciliation  have 
been  given  an  opportunity  to  assert  themselves  through 
the  medium  of  the  board,  the  result  has  been  salutary  and 
encouraging ;  and  we  may  anticipate  an  enlargement  of 
the  field  of  usefulness  of  this  tribunal,  as  employers  and 
wage  earners  become  better  acquainted  with  the  benefits 
Avhich  it  offers  them. 

LIQUOR   LEGISLATION. 

In  April  last  an  amendment  to  the  constitution,  pro- 
hibiting the  manufacture  and  sale  of  intoxicating  liquors 
to  be  used  as  a  beverage,  having  been  agreed  to  by  two 


Governor's  Address.  589 

consecutive  leiiislatures,  was  submitted  to  the  people  for 
their  ratification.  While  the  rejection  of  the  amendment 
indicates  that  public  sentiment  does  not  now  favor  the 
method  therein  proposed  for  remedying  the  manifold  evils 
which  result  from  the  liquor  traffic,  it  is  not  to  be  inferred 
therefrom  that  the  people  fail  to  realize  the  magnitude  of 
those  evils,  or  are  indisposed  to  do  all  that  is  practicable 
by  legal  means  for  their  mitigation. 

Under  the  existing  local-option  law  the  sale  of  intoxi- 
cating liquor  is  absolutely  prohibited  in  all  the  towns  and 
cities  in  the  State  except  in  those  whose  citizens  vote  to 
license  such  sale.  Under  this  law  during  the  past  j'ear, 
of  the  351  towns  and  cities,  288  voted  against  and  only 
63  in  liivor  of  licenses.  If  the  towns  vote  this  year  the 
same  as  last,  after  the  first  of  May  we  shall  have  absolute 
prohibition  in  over  four-fifths  of  the  towns  and  cities  of 
the  Commonwealth.  Of  the  25  cities  voting  upon  the 
subject  hist  month,  13  voted  in  favor  of  licensing  and 
12  against ;  while  in  1888  IS  voted  in  favor  and  7  against, 
showino:  a  <rain  of  5  to  the  no-license  column.  The 
majority  of  the  popular  vote  in  favor  of  license  in  these 
cities  in  1889  was  8,223  ;  the  majority  in  the  same  in 
1888  beino;  30,348,  a  reduction  in  such  majority  in  1889 
of  22,125." 

Tiiese  figures  afford  encouragement  to  all  who  oppose 
the  license  system.  Even  in  the  comparatively  few  towns 
and  cities  voting  to  grant  licenses,  the  restrictive  features 
of  the  present  law  make  it  largely  prohibitory.  Under 
the  limitation  act  of  1888  only  one  license  can  be  granted 
in  Boston  for  every  500,  and  in  other  cities  and  in  towns 
only  one  for  1,000,  inhabitants. 

Sales  in  these  towns  and  cities  are  prohibited  between 
the  hours  of  eleven  at  night  and  six  in  the  morning  on 
every  week  day,  at  all  times  during  the  Sabbath,  on  all 
election  days  and  on  legal  holidays,  except  in  certain 
cases  by  druggists  and  by  licensed  innholders  to  their 
guests.  They  are  prohibited  in  any  building  within  four 
hundred  feet  of  a  public  school,  and  in  any  building  within 
twenty-five  feet  of  any  real  estate  the  owner  of  which  duly 
objects  to  the  granting  of  a  license  therefor.  Every  license 
to  sell  liquor  to  be  drunk  on  the  premises  is  subject  to  the 
condition  that  the  licensee  shall  not  keep  a  public  bar, 
and  shall  hold  a  license  as  an  innholder  or  common  vict- 
ualler ;   and  this  latter  he  is  not  entitled  to  hold  unless 


590  Governor's  Address. 

actually  carrying  on  the  business  specified.  The  meaning 
of  the  ]aw  clearly  is  that,  while  liquor  may  be  sold  by  a 
licensed  dealer,  like  other  merchandise,  to  be  carried 
away,  it  shall  not  be  sold  to  be  drunk  on  the  premises 
except  in  hotels  and  restaurants.  The  obvious  intent  is 
to  do  away  with  the  dramshop  and  the  public  bar,  and 
only  to. allow  the  licensed  proprietors  of  hotels  and  restau- 
rants, as  incidental  to  their  principal  business  as  such,  to 
furnish  liquor  to  their  bona  fide  guests. 

If,  therefore,  the  present  law,  prohibitory  as  it  is  in 
over  82  per  cent,  of  our  towns  and  cities,  and  thus 
restrictive  in  all  the  others,  is  thoroughly  enforced,  as  it 
should  be,  it  will  confine  liquor  selling  in  Massachusetts 
within  comparatively  narrow  limits.  If  further  laws  are 
needed  to  prevent  evasions  of  its  letter  and  spirit,  and 
more  effectually  to  carry  out  its  intent,  I  trust  that  you 
will  enact  them.  To  do  all  that  is  possible  to  secure  the 
complete  enforcement  of  this,  as  well  as  of  all  other  laws, 
is  the  manifest  duty  of  those  entrusted  with  either  the 
legislative  or  the  executive  functions  of  the  government. 
Such  enforcement  furnishes  the  best  test  of  the  merits  or 
defects  of  an  existing  law,  and  })oints  out  the  way  for 
such  improvements  as  promise  more  effectually  to  accom- 
plish the  objects  for  which  it  is  enacted. 

BIEXNIAL    ELECTIONS. 

Although  resolves  for  amendins;  the  constitution  do  not 
require  the  approval  of  the  governor,  it  has  been  cus- 
tomary for  him  to  recommend  to  the  Legislature  such  as 
he  deemed  expedient;  and,  following  the  precedent  thus 
established,  I  suggest  for  your  consideration  one  amend- 
ment which  seems  to  me  to  be  desirable. 

It  is  that  providing  for  biennial  elections  of  State  ofii- 
cers  and  members  of  the  Legislature.  This  proposition 
has  been  under  discussion  for  many  years,  and  on  a  num- 
ber of  occasions  has  received  the  requisite  vote  in  one 
Legislature,  but  failed  in  that  of  the  succeeding  year. 
I  need  not  here  restate  the  familiar  arguments  upon  the 
subject.  It  is  in  the  highest  degree  important  that  when- 
ever an  election  takes  i)lace  the  largest  possible  number 
of  those  entitled  to  vote  should  take  part  in  it.  I  believe 
that  the  change  proposed  would  be  conducive  to  this  end. 
The  comparatively  light  vote  cast,  as  a  rule,  in  years 
Avhen  State  oflScers  only  are  chosen,  indicates  that  a  large 


Governor's  Address.  591 

portion  of  our  citizens  are  averse  to  being  called  upon 
annually  to  discharge  the  duty  of  voting.  If  this  duty 
devolved  upon  them  only  upon  those  years  when  members 
of  congress  also  are  to  be  elected,  there  would  be  less 
excuse  for  remissness  in  its  performance,  and  a  full  vote 
would  be  more  certain  to  be  secured. 

In  advocating  biennial  elections  I  do  not  also  advocate 
biennial  sessions  of  the  Legislature.  The  two  proposi- 
tions have  generally  been  considered  together.  Thrre  is 
no  necessary  connection  between  them,  but,  on  the  con- 
trary, they  are  entirely  distinct  from  each  other.  One 
of  the  objections  urged  against  the  system  of  biennial  elec- 
tions and  sessions,  in  those  states  in  which  it  has  been 
adopted,  is  that  very  few  members  of  the  Legislature  are 
re-elected,  so  that  it  is  largely  composed  of  men  without 
previous  legislative  experience.  Experience  is  valuable 
in  legislation,  as  it  is  in  every  other  work.  It  promotes 
the  enactment  of  wise  measures,  and  is  a  safeguard  ajjainst 
those  of  an  opposite  character.  Under  our  present  system 
about  one-third  only  of  the  members  of  the  House  of 
Representatives  are  re-elected,  as  a  rule.  With  biennial 
elections  this  proportion  would  doubtless  be  diminished. 
But  a  legislature  elected  for  two  years  and  meeting  annu- 
ally would  at  its  second  session  be  composed  wholly  of 
experienced  members.  The  effect  would  be,  as  I  believe, 
that  the  members  would  be  disposed  to  postpone  to  the 
second  session  propositions  of  questionable  expediency 
coming  before  them  at  the  first,  in  order  that  they  might 
have  ample  time  for  their  consideration.  On  the  other 
hand,  at  the  second  session  they  would  not  be  inclined, 
except  in  special  exigencies,  to  enter  again  upon  the  con- 
sideration of  questions  which  had  been  finally  disposed 
of  at  the  first.  This  would  save  much  of  the  time  now 
taken  uy)  each  year  in  hearings  and  discussions  upon  the 
same  subject  by  successive  legislatures.  It  would  lessen 
the  tendency  to  the  enactment  of  laws  by  one  legislature 
and  their  repeal  by  the  next,  and  thereby  tend  to  remove 
the  objection  often  expressed  as  to  the  uncertainty  of  the 
law  occasioned  by  frequent  changes  therein. 

Another  desirable  result  would  be  that,  for  the  reasons 
mentioned,  each  session  would  probably  be  of  less  dura- 
tion than  is  the  case  under  the  present  system.  At  the 
same  time  the  Legislature  would  be  here  each  year  to  act 
upon  those  measures  of  obvious  and  urgent  necessity,  the 


592  Governor's  Address. 

occasions  for  which  are  constantly  arising,  and  in  relation 
to  which  a  delay  of  two  years  might  be  in  many  instances 
detrimental  to  the  general  welfare  or  to  the  interests  of 
particular  towns  or  cities.  For  these,  among  other  reasons 
which  might  be  stated,  it  seems  to  me  that  in  biennial  elec- 
tions, with  annual  sessions  of  the  Legislature,  lies  the  true 
solution  of  the  biennial  problem. 

Senators  and  Representatives :  — 

To  serve  the  State  in  the  positions  to  which  you  have 
been  chosen  is  an  honor  that  you  cannot  foil  to  prize. 
It  brings  with  it  great  responsibilities.  The  subjects 
upon  which  you  will  be  called  to  deliberate  and  act, 
to  a  few  of  which  I  have  invited  your  attention,  are 
many  and  important.  They  affect  the  varied  and  ofttimes 
conflicting  interests  of  the  people.  To  treat  all  these 
interests  with  perfect  fairness  and  impartiality,  and  to 
make  the  greatest  attainable  good  of  all  your  central  aim, 
is  a  duty  which  you  appreciate.  I  trust  that  your  labors 
here  may  be  pleasant  to  yourselves  and  acceptable  to  your 
constituents  ;  and  I  promise  to  unite  with  you  in  an  earnest 
aspiration  and  endeavor  to  make  the  State  government  of 
the  year  1890  one  which,  for  its  character  and  its  good 
works,  shall  be  memorable  in  the  annals  of  the  Common- 
wealth. 


Special  Messages.  59H 


SPECIAL    MESSAGES 


THE     FOLLOWING    Sl'ECIAL    COMMUXICATIONS    WERE     MADE    HY    HIS 

EXCELLENCY    THE    GOVERNOR    TO    THE    LEGISLATURE 

DURING   THE   ANNUAL   SESSION. 

[To  the  Senate  and  House  of  Representatives,  January  6,  1890.] 

I  have  the  honor  to  transmit  herewith  to  the  General  rardonr^ 
Court  a  report  of  the   pardons  granted  in  1889,  left  with 
me  by  my  predecessor  in  office. 

JOHN   Q.   A.   BRACKETT. 

Jan.  1,  1890. 

I  have  the  honor  herewith  to  present,  in  compliance 
with  chapter  50  of  the  Resolves  of  1860,  a  report  of  the 
thirty-six  pardons  issued  by  the  Governor,  with  the  ad- 
vice of  the  Council,  during  the  year  of  my  administration 
just  closing.  Of  the  number  thus  released,  eleven  were 
in  the  State  Prison,  sixteen  in  houses  of  correction,  four 
in  the  Reformatory  Prison  for  Women,  two  in  the  Massa- 
chusetts Reformatory,  two  in  the  House  of  Industry  at 
Deer  Island,  and  one  from  the  Insane  Hospital  at  Wor- 
cester. Sickness  was  the  controlling  reason  for  the  dis- 
charge of  eleven,  two  of  whom  have  since  died. 

OLIVER  AMES. 

No.  1.  William  McBuRXEY.  Convicted  of  breaking 
and  entering,  Superior  Court,  Norfolk  County,  Sept.  17, 
1886.  Sentenced  to  State  Prison  for  six  years.  Par- 
doned Feb.  20,  1889,  upon  the  recommendation  of  the 
prison  physician,  the  prisoner  being  incurably  ill  with 
pulmonary  consumption.     He  died  Nov.  17,  1889. 

No.  2.  Chaeles  Dugdale.  Convicted  of  breaking 
and  entering,  Superior  Court,  Hampden  County,  Oct.  14, 


•^94  SPECiATi  Messages. 

Pardons.  1887.     Sentenced  to  House  of  Correction  for  two  years. 

Pardoned  Feb.  2f ,  1889,  upon  the  recommendation  of  the 
sheriff,  county  commissioners,  probation  officer,  prison 
physician  and  many  prominent  citizens  of  Hampden 
County,  on  the  ground  of  sickness.  For  the  past  year 
the  prisoner  had  been  suffering  with  inflammatory  rheuma- 
tism, and  a  general  annemic  condition.  It  appeared  that 
there  was  danger  of  sustaining  permanent  injury  to  his 
health  if  longer  confined. 

No.  3.  Annie  Brown.  Convicted  of  being  a  com- 
mon drunkard,  Municipal  Court,  Boston,  Jan.  24,  1889. 
Sentenced  to  the  Reformatory  Prison  for  AVomen  for  one 
year.  Pardoned  March  3,  1889.  The  husband  of  the 
prisoner  was  instantly  killed,  February  28,  while  em- 
ployed as  a  longshoreman  at  one  of  the  wharves  in  Boston. 
Because  of  the  influence  of  this  terrible  calamity  upon  the 
prisoner,  and  because  she  had  two  children  six  and  three 
years  of  age,  a  pardon  was  granted,  on  the  grounds  of 
mercy  and  humanity. 

No.  4.  William  D.  Nute.  Convicted  of  breaking 
and  entering,  Superior  Court,  Middlesex  County,  March 
13,  1888.  Sentenced  to  House  of  Correction  for  two  and 
one-half  years.  Pardoned  March  13,  1889,  on  account  of 
serious  illness,  which,  according  to  the  certificate  of  the 
prison  ])hysician,  was  liable  to  prove  fatal  unless  he  could 
be  released  from  confinement  and  receive  home  treatment. 

No.  5.  iNlARY  Murphy.  Convicted  of  manslaughter, 
Supreme  Judicial  Court,  Hampden  County,  December 
term,  1883.  Sentenced  to  the  Reformatory  Prison  for 
Women  for  ten  years.  Pardoned  March  18,  1889.  This 
was  the  prisoner's  first  ofience.  It  appeared  that  she  was 
enticed  into  committing  fornication,  became  pregnant,  and 
a  child  was  born.  Through  the  influence  of  others  she 
was  induced  to  lay  her  child  on  the  bank  of  the  canal, 
and  allow  it  to  roll  into  the  water  and  drown.  Her 
conduct  in  prison  had  been  perfect.  The  pardon  was 
recommended  by  the  mayor,  mayor-elect,  city  clerk,  chief 
of  ))<)lico,  and  other  leading  citizens  of  Holyoke,  on  the 
ground  that  her  punishment  had  already  been  commensu- 
rate with  the  gravity  of  her  offence,  when  coupled  with 


Special  Messages.  595 

the  extenuating  circumstances  attending  the  commission  raidous. 
of  the    crime.      The   district  attorney   concurred  in   the 
recommendation. 

Xo.  6.  Eustace  Mellex.  Convicted  of  breaking  and 
entering,  Superior  Court,  Essex  County,  Oct.  14,  1887. 
Sentenced  to  House  of  Correction  for  two  and  one-half 
years.  Pardoned  March  20,  1889,  upon  the  recommen- 
dation of  the  sheriff,  prison  physician  and  others,  on  the 
ground  that  the  prisoner  was  in  failing  health.  It  was 
feared  by  the  physician  that  the  disease  would  progress 
beyond  recovery  if  the  unexpired  term  of  his  sentence  was 
enforced. 

No.  7.  Martin  Flaherty.  Convicted  of  robbery, 
Superior  Court,  Suffolk  County,  Dec.  14,  1885.  Sen- 
tenced to  State  Prison  for  four  years.     Pardoned  April 

17,  1889.  Flaherty  has  been  employed  as  a  trusted  pris- 
oner upon  the  prison  grounds.  His  conduct  had  always 
been  the  best.  With  the  allowances  for  good  behavior, 
but  six  weeks  of  his  sentence  remained.  The  warden 
recommended  a  pardon,  and  was  ready  to  give  him  imme- 
diate employment  outside  the  prison  walls.  The  district 
attorney  concurred  in  the  recommendation  of  the  warden. 

No.  8.  John  A.  Phillips.  Convicted  of  incest, 
Superior  Court,  Bristol  County,  Dec.  15,  1885.  Sen- 
tenced to  State  Prison  for  twelve  years.     Pardoned  April 

18,  1889,  because  of  evidence  brought  before  the  pardon 
committee,  sufficient  to  raise  grave  doul)ts  as  to  whether 
the  crime  of  incest  had  been  committed.  The  district 
attorney  appeared  at  the  hearing,  and  favored  a  pardon. 

No.  9.  Telesphard  Yigneault.  Convicted  of  larceny, 
Superior-  Court,  Bristol  County,  June  19,  188^i.  Sentenced 
to  House  of  Correction  for  fifteen  months.  Pardoned 
April  18,  1889,  for  the  reason  of  mitigating  circumstances 
attending  the  crime  for  Avhich  he  was  convicted,  and  the 
distressed  condition  of  his  family.  The  pocketbook  and 
contents  —  the  property  stolen  —  were  found  by  Telesphard 
in  his  own  house,  where  he  and  one  Roy,  the  owner  of 
the  pocketbook,  had  been  working  together.  Both  were 
under  the  influence  of  liquor  furnished  by  Roy.  There 
was  no  premeditated  theft.     The  district  attorney  wrote, 


596  SrEciAL  Messages. 


Pardons. 


"  I  regarded  it  as  a  case  of  yielding  to  sudden  tempta- 
tion, and  did  not  think  it  should  be  regarded  as  a  crime 
of  the  gravity  which  the  indictment  would  indicate."  It 
appeared  that  during  the  prisoner's  imprisonment  one  of 
his  daughters  had  died  of  consumption,  and  another  was 
in  the  last  stages  of  a  fatal  illness  from  the  same  disease. 
The  mother's  time  was  entirely  devoted  to  the  care  of  the 
sick  daughter,  leaving  the  whole  burden  of  supporting 
the  family  on  two  younger  daughters,  thirteen  and  seven- 
teen jears  of  age.  He  had  the  promise  of  stead}'  employ- 
ment if  released.  He  had  already  been  imprisoned  more 
than  a  year,  inchiding  the  time  of  his  confinement  in  jail 
awaiting  trial.  His  previous  character  for  honesty  had 
been  very  good. 

No.  10.  William  D.  Reed.  Convicted  of  uttering  a 
forged  checque,  Superior  Court,  Plymouth  Count}',  June 
20,  1887.  Sentenced  to  House  of  Correction  for  three 
years.  Pardoned  April  25,  1889,  upon  the  recommen- 
dation of  the  district  attorney  and  prison  physician,  it 
appearing  that  he  was  in  very  feeble  health,  and  it  did  not 
seem  probable  that  he  would  live  to  complete  the  term  of 
his  imprisonment.     He  died  July  6. 

No.  11.  John  J.  Quixlax.  Convicted  of  violating 
license  law,  Superior  Court,  Norfolk  County,  April  15, 
1889.  Sentenced  to  three  months  in  the  House  of  Cor- 
rection, and  to  pay  a  tine  of  fifty  dollars  and  costs.  Par- 
doned May  22,  1889,  because  of  his  previous  good 
character,  and  the  fact  that  he  was  advised,  under  a  mis- 
apprehension, to  plead  guilty.  The  pardon  was  granted 
upon  the  conditions  that  he  pay  the  tine  and  costs,  and 
discontinue  the  sale  of  intoxicating  liquors. 

No.  12.  John  Baer.  Convicted  of  larceny,  Somer- 
ville  Police  Court,  Nov.  20,  1888.  Sentenced  to  the 
INlassachusetts  Reformatory  on  an  indeterminate  sentence. 
Pardoned  May  23,  1889.  Baer  was  sentenced  for  the 
larceny  of  pork,  of  the  value  of  sixty  cents.  His  family 
were  sick  and  in  destitute  circumstances.  The  pardon 
was  recommended  by  the  complainant,  the  judge  who  sen- 
tenced him,  and  the  prison  commissioners,  on  the  ground 
that  he  had  been  sufficiently  punished  for  the  crime  com- 
mitted. 


Special  Messages.  597 

Xo.  13.  IIoxoRA  Felleman.  Convicted  of  being  a  ruidons. 
common  drunkard,  Superior  Court,  Suifolk  County,  Dec. 
20,  1888.  Sentenced  to  the  Eeformatory  Prison  for 
"Women  for  one  year.  Pardoned  May  29,  1889,  on  the 
recommendation  of  the  district  attorney  and  prison  com- 
missioners. The  woman  had  not  long  been  addicted  to 
the  immoderate  use  of  intoxicating  liquor,  and  the  habit 
was  contracted  through  the  influence  of  another  woman 
who  came  to  live  in  the  same  house  with  her.  This  was 
her  first  conviction.  She  had  four  small  children,  who 
needed  her  care.  For  these  reasons,  and  especially  as 
her  husband  proposed,  as  far  as  in  his  power,  to  aid  her 
in  keeping  her  resolution  to  abstain  from  the  use  of  intoxi- 
cating liquor,  a  pardon  was  granted. 

Xo.  14.  Patrick  Cooligan.  Convicted  of  larceny, 
Superior  Court,  Middlesex  County,  Oct.  25,  1888.  Sen- 
tenced to  House  of  Correction  for  two  and  one-half 
years.  Pardoned  May  29,  1889,  on  the  petition  of  Rtv. 
P.  A.  McKenna ;  E.  F.  Johnson,  justice  of  the  police 
court ;  J.  F.  J.  Otterson,  clerk  of  the  court ;  C.  F.  Whit- 
man, chief  of  police  ;  and  the  selectmen  and  ofBcers  of 
the  town  of  MarlI)orough,  and  the  recommendation  of  the 
prosecuting  officer.  There  seemed  to  have  been  no  inten- 
tional theft  committed,  Cooligan  pleaded  guilty,  as  he 
said,  because,  having  been  intoxicated,  he  had  no  recol- 
lection of  anything  that  occurred  at  the  time  of  the  alleged 
offence.  The  owner  of  the  property  taken  —  a  watch  of 
slight  value  —  made  no  complaint.  The  pardon  committee 
had  grave  doubts  whether  any  intentional  oflence  had  been 
committed. 

Xo.  15.  William  Raymond.  Convicted  of  assault 
and  battery,  Superior  Court,  Suftblk  County,  July  term, 
1888.  Sentenced  to  House  of  Correction  for  two  years. 
Pardoned,  May  29,  1889,  for  the  reason  that,  under  the 
circumstances  as  they  were  proven  before  the  committee, 
and  as  stated  by  the  report  of  the  district  attorney,  the 
punishment  seemed  disproportionate  to  the  oflfence.  The 
case,  therefore,  was  considered  to  be  one  that  justified 
the  executive  clemency. 

Xo.  16.  Michael  ^NTcGoavax.  Convicted  of  larceny, 
Superior  Court,  Berkshire  County,  Feb.   1,   1889.     Sen- 


598  Special  Messages. 

Pardons.  teuced  to  House  of  Correction  for  eight  mouths.     Par- 

doned June  5,  1889.  The  district  attorney  certified  that 
McGowan  was  an  honest,  hard-working  man,  and  that  in 
his  opinion  he  was  unwittingly  drawn  into  this  difficulty  ; 
that  he  was  not  a  bad  man,  and  that  under  the  circvmi- 
stances,  as  he  understood  them,  he  had  been  sufficiently 
punished. 

No.  17.  Moses  Query.  Convicted  of  breaking  and 
entering,  Superior    Court,  Worcester   County,   Oct.   20, 

1887.  Sentenced  to  House  of  Correction  for  two  and 
one-half  years.  Pardoned  June  8,  1889,  upon  the  cer- 
tificate of  the  prison  physician  that  the  prisoner  was  in 
an  advanced  stage  of  pulmonary  consumption  ;  and,  from 
the  rapidity  with  which  the  disease  had  progressed,  that 
he  would  not  live  to  serve  out  the  remainder  of  his 
sentence. 

No.  18.  JoHx  B.  F.  Betts.  Convicted  of  polygamy, 
Superior  Court,  Essex  County,  Nov.  17,  1887.  Sen- 
tenced to  House  of  Correction  for  three  j^ears.  Pardoned 
July  o,  1889,  upon  the  recommendation  of  the  sheriff  and 
prison  physician  that  he  might  be  removed  to  a  hospital 
for  surgical  treatment. 

No.  19.  Mary  CoGGix.  Convictedof  larceny.  Munici- 
pal Court,  Charlestown,  June  6,  1889.  Sentenced  to  pay 
a  fine  of  ten  dollars  and  costs.  Committed  to  House  of 
Industry,  in  default  of  payment  of  fine.  Pardoned  July 
3,  1889,  upon  the  recommendation  of  the  prison  physi- 
cian. It  appeared  that  she  was  of  unsound  mind  when 
arrested,  —  so  much  so,  in  the  opinion  of  the  prison 
physician,  as  not  to  be  responsible  for  her  actions. 

No.  20.  Bridget  Gallagher.  Convicted  of  lewd 
and   lascivious    cohabitation,   Superior    Court,  Aug.    14, 

1888.  Sentenced  to  House  of  Correction  for  eighteen 
months.  Pardoned  Aug.  28,  1889,  upon  the  certificate 
of  the  prison  physician  that  she  was  subject  to  alarming 
and  dangerous  pulmonary  hemorrhage,  also  to  numbness 
and  temporary  paralysis  of  her  feet  and  legs. 

No.  21.  William  R.  Cutiibert.  Convictedof  attempt 
to  procure  a  miscarriage,  Superior  Court,  Bristol  County, 


Special  Messages.  -^09 

Deo.  17,  188().     Sentenced  to  State  Prison  for  five  and  a  Pardons. 
half  years.     Pardoned  Sept.  18,  1889,  upon  the  certificate 
of  the  prison  physician   that  the   prisoner  was   suffering 
from  chronic  disease  of  the   larynx,  which  may  at  some 
time  prove  fatal. 

No.  22.  John  J.  Mann.  Convicted  of  larceny,  Su- 
perior Court,  Plymouth  County,  Feb.  27,  1889.  Sentenced 
to  House  of  Correction  for  fifteen  months.  Pardoned  Oct. 
9,  1889,  on  the  recommendation  of  the  county  commis- 
sioners and  the  prison  physician,  on  the  ground  that  the 
prisoner  was  in  feeble  health,  and  would  probably  die 
before  the  expiration  of  his  term  of  imprisonment  if  longer 
confined. 

No.  23.  Bridget  Woodard.  Convicted  of  being  a 
common  drunkard.  Eastern  Hampden  District  Court, 
April  10,  1889.  Sentenced  to  the  Reformatory  Prison 
for  Women  for  two  years.  Pardoned  Oct.  10,  1889,  on 
the  recommendation  of  the  prison  commissioners,  the 
justice  who  sentenced  her,  the  selectmen  of  Palmer  and 
the  arresting  officer,  on  the  grounds  that  the  sentence  was 
excessive,  and  made  under  error  of  the  facts,  and  the  needs 
which  existed  calling  for  her  presence  in  her  home. 

No.  24.  John  F.  Sawyer.  Convicted  of  escaping 
from  House  of  Correction,  Superior  Court,  Essex  County, 
Sept.  27,  1888.  Sentenced  to  House  of  Correction  for 
two  years.  Pardoned  Oct.  10,  1889,  upon  the  certificate 
of  the  prison  physician  that  the  prisoner  was  in  the  first 
stage  of  consumption,  and  that,  if  he  remained  in  prison 
until  the  expiration  of  his  sentence,  the  disease  by  that 
time  would  have  reached  a  stage  where  a  cure  or  recovery 
could  not  reasonably  be  looked  for.  The  district  attorney, 
sheriff  and  chaplain  of  the  prison  joined  in  the  recom- 
mendation. 

No.  25.  Henry  Baker.  Convicted  of  assault  with 
intent  to  rape,  Superior  CoiTrt,  Worcester  County,  Aug. 
24,  1886.  Sentenced  to  House  of  Correction  for  four 
years.  Pardoned  Oct.  25,  1889,  upon  the  recommend- 
ation of  the  district  attorney,  county  commissioners  and 
probation  officer  of  Worcester  County.  The  district 
attorney  reported  that,  in  his  own  judgment,  there  had 


^^^0  Special  Messages. 


Pardons. 


always  been  some  reason  to  doubt  the  intent  of  which  the 
prisoner  was  convicted.  In  view  of  this  doubt,  and  the 
subsequent  behavior  of  the  prisoner,  he  recommended  a 
pardon. 

No.  26.  Thomas  lY.  RiCKER.  Convicted  of  robbery, 
Superior  Court,  Hampshire  County,  Dec.  29,  1882. 
Sentenced  to  State  Prison  for  life.  Pardoned  Oct.  30, 
1889.  This  was  Kicker's  first  offence.  His  character 
previous  to  the  commission  of  this  crime  had  always  been 
of  the  best.  He  was  led  into  it  by  others,  one  of  whom, 
the  ringleader,  escaped  wMth  the  money,  and  has  never 
been  punished.  The  pardon  was  strongly  urged  by  Mr. 
Abbey,  the  party  robbed,  who  was  convinced  that  the 
prisoner,  if  released,  would  never  commit  another  crime, 
but  would  become  a  good  citizen.  His  prison  record  had 
been  perfect.  He  was  relied  on  by  the  prison  ofhcials 
for  all  the  aid  to  discipline  and  good  behavior  Avhich  a 
prisoner  is  capable  of  giving.  The  district  attorney 
stated  that,  had  he  known  at  the  time  of  the  trial  what  he 
now  knows  regarding  his  previous  character,  he  w^ould 
have  arranged  the  case  so  as  to  allow  a  sentence  to  be 
imposed  in  the  discretion  of  the  court. 

No.  27.  Merrick  L.  Amsden.  Convicted  of  beings 
a  common  drunkard,  Central  District  Court,  Worcester 
County,  July  22,  1889.  Sentenced  to  the  Massachusetts 
Reformatory  on  an  indeterminate  sentence.  Pardoned 
Nov.  6,  1889,  upon  the  recommendation  of  the  prison 
commissioners.  Amsden  was  forty-three  years  of  age. 
Under  the  provisions  of  chapter  49,  Acts  of  1888,  no 
person  can  be  sentenced  to  the  Massachusetts  Reform- 
atory who  is  above  forty  years  of  age.  For  this  reason, 
and  as  there  was  some  doubts  about  his  guilt,  the  com- 
missioners, after  a  thorough  investigation  of  the  case, 
requested  that  a  pardon  be  granted. 

No,  28.  Robert  Young.  Convicted  of  rape,  Superior 
Court,  Worcester  County,  Jan.  29,  1878.  Sentenced  to 
State  Prison  for  life.  Pardoned  Nov.  7,  1889,  on  the 
recommendation  of  ex-district  attorney  Staples,  —  now 
one  of  the  justices  of  the  superior  court,  —  who  Avas  the 
prosecuting  officer,  and  Mrs.  Sarah  M.  Reed,  the  com- 
lilainant,    on   the    grounds    of  the    failing    health   of  the 


Special  Messages.  601 

prisoner ;  that  he  was  under  the  influence  of  liquor  when  I'^ndons. 
the  crime  was  committed,  and  that  he  had  been  sufhciently 
punished. 

No.  29.  Chatiles  S.  Blake.  Convicted  of  forgery, 
Superior  Court,  Worcester  County,  Jan.  29,  1886.  Sen- 
tenced to  State  Prison  for  five  years.  Pardoned  Nov.  14, 
1889,  on  account  of  fatal  illness.  The  prison  physician 
certified  that  the  prisoner  was  in  an  advanced  stage  of 
pulmonary  consumption,  with  little  or  no  prospect  of  im- 
provement.    He  died  a  few  weeks  after  his  release. 

No.  30.  Joseph  T.  Price.  Convicted  of  burning  a 
building,  Superior  Court,  Middlesex  County,  June  13, 
1888.  Sentenced  to  three  years  in  House  of  Correction. 
Transferred  to  Worcester  Lunatic  Hospital,  July  25,  1889. 
Pardoned  Nov.  20,  1889.  There  was  no  reasonable  prob- 
ability of  his  becoming  sane.  He  was  placed  in  the  cus- 
tody of  the  Superintendent  of  In-door  Poor,  by  whom 
he  was  returned  to  his  home  in  England. 

No.  31.  Ja:\ies  J.  Daniels.  Convicted  of  robbery, 
Sui)erior  Court,  Suflblk  County,  May  Term,  1884.  Sen- 
tenced to  State  Prison  for  seventeen  years.  Pardoned 
Nov.  20,  1889,  upon  the  recommendation  of  the  district 
attorney,  all  of  the  jury,  the  injured  party,  and  other 
prominent  citizens  knowing  to  the  robbery,  on  the  grounds 
that  the  prisoner  had  no  counsel  at  the  trial  ;  that,  pre- 
vious to  the  commission  of  this  crime,  he  had  borne  a 
good  reputation  ;  that  he  was  led  into  conmiitting  the 
offence  hy  another,  who  secured  the  money,  escaped,  and 
has  never  been  captured  ;  and  that  he  had  friends  who 
were  ready  to  give  him  immediate  employment,  and  assist 
him  in  becoming  a  good  citizen. 

No.  32.  Charles  Mason.  Convicted  of  rape,  Su- 
perior Court,  Hampden  County,  June  3,  1870.  Sentenced 
to  State  Prison  for  life.  Pardoned  Nov.  28,  1889,  as  an 
act  of  executive  clemency  for  Thanksgiving  Day.  The 
General  Statutes  under  which  he  was  sentenced  provided 
as  the  only  penalty  for  his  offence  a  sentence  of  life. 
Less  than  a  year  after  his  sentence,  the  Legislature  changed 
the  statute  and  allowed  a  sentence  for  any  number  of  years. 
Mason  had  served  nearly  twenty  years,  and  it  is  not  prob- 


602  Special  Messages. 

Pardons.  able  that  the  same  offence  —  which  was  not  an  aggravated 

one  —  would  be  punished  by  a  longer  term.  He  had  been 
an  orderly  and  trustworthy  prisoner.  It  appeared  evident 
that  a  pardon  would  be  greatly  for  his  good  and  in  no 
way  detrimental  on  grounds  of  public  policy. 

No.  33.  William  A.  Montgomery.  Convicted  of 
murder,  second  degree,  Supreme  Judicial  Court,  Berk- 
shire County,  May  13,  1879.  Sentenced  to  State  Prison 
for  life.  Pardoned  Nov.  28,  1889,  as  an  act  of  executive 
clemency  for  Thanksgiving  Day.  After  a  careful  exam- 
ination of  this  case,  the  pardon  committee  were  convinced 
that  the  prisoner,  who  was  intoxicated  at  the  time  of  the 
commission  of  the  crime,  did  not  contemplate  any  fatal 
consequences,  and  that  manslaughter  was  the  ofl'ence 
committed.  His  pardon  had  been  urged  by  a  large  num- 
ber of  prominent  persons,  who  had  known  him  all  his 
life,  and  who  believed  he  was  worthy  of  clemency. 

No.  34.  Isaac  B.  Sawtell.  Convicted  of  rape, 
Superior  Courts,  Suffolk  and  Middlesex  Counties.  Sen- 
tenced to  State  Prison  for  thirty  years.  Pardoned  Dec. 
18,  1889.  Sawtell  w^as  convicted  in  Suffolk  County,  Nov. 
28,  1877,  on  a  charge  of  rape,  and  sentenced  to  State 
Prison  for  fifteen  years.  On  the  11th  of  March,  1878,  he 
was  taken  from  the  State  Prison  to  the  Superior  Court, 
Middlesex  County,  and  convicted  of  the  crime  of  rape 
upon  another  person,  and  sentenced  to  the  State  Prison 
for  fifteen  years,  said  sentence  to  take  effect  from  and 
after  the  expiration  of  the  former  sentence.  Deducting 
the  time  allowed  for  good  behavior,  his  first  sentence 
expired  Nov.  28,  1889.  The  case  in  Middlesex  County 
was  tried  by  Judge  Pitman,  who  says  that  it  was  not  one 
having  the  circumstances  of  gross  violence  and  outrage 
that  sometimes  attend  this  class  of  cases  ;  and  that,  if  the 
district  attorney  had  not  asked  for  a  sentence,  after  the 
sentence  that  had  been  imposed  in  Suffolk  County,  he 
should  have  considered  it  a  proper  exercise  of  discretion 
on  the  part  of  the  prosecuting  officer.  After  several 
hearings  and. much  investigation,  the  pardon  committee 
became  satisfied  that  the  prisoner  had  wholly  reformed, 
and  would  make  a  good  citizen.  For  these  reasons,  and  in 
view  of  his  long  imprisonment,  the  fact  that  he  had  always 
protested   his    innocence  of  the  crime  of  which    he  was 


Special  Messages.  603 

convicted,  antl    that,  had   he   l)eeii  properly  defended  at  r-wions. 
the  trial,  a  lighter  sentence  would  undoubtedly  have  been 
im})osed,  —  a  pardon  was  granted. 

No.  8').  AxNiE  Martix.  Convicted  of  embezzlement, 
IMunicipal  Court,  Charlestovvn  District,  Dec.  13,  1889. 
Sentenced  to  pay  a  fine  of  thirty  dollars  and  costs.  Com- 
mitted to  House  of  Industry,  in  default  of  payment  of 
same.  Pardoned  Dec.  27,  1889,  upon  the  recommendatiou 
of  the  judge  who  imposed  the  sentence.  The  prisoner 
had  six  children  under  ten  years  of  age,  the  youngest  but 
six  weeks  old,  who  needed  a  mother's  care.  The  crime 
consisted  in  secreting  a  twenty-dollar  bill,  which  was  found 
in  the  street  by  one  of  her  children.  She  was  in  destitute 
circumstances,  and  utterly  unable  to  pay  the  fine. 

No.  36.  John  Callahan.  Convicted  of  larceny, 
Municipal  Court,  Boston,  Nov.  13,  1889.  Sentenced  to 
House  of  Correction  for  six  months.     Pardoned  Dec.  27, 

1889,  on  the  recommendation  of  the  complainant  and  the 
arresting  ofiicer.  Callahan  was  convicted  of  the  larceny 
of  ten  cents.  He  was  intoxicated  at  the  time,  and  this 
was  his  first  oflence.  Considerino-  his  former  good  char- 
acter,  and  that  he  had  a  large  family  who  were  dependent 
upon  him  for  support,  a  pardon  was  granted. 

[To  the  Senate  and  House  of  Representatives,  Jan.  23,  1890.] 

I  send  you  herewith,  for  your  information  and  use,  the 
report  of  the  commissioners  of  the  topographical  survey 
of  this  Commonwealth  for  the  year  1889. 

[To  the  Senate  and  House  of  Representatives,  Feb.  4, 1890.] 

I  transmit  to  you  herewith,  for  your  information  and 
use,  certain  documents,  which  have  been  received  by  this 
department  from  time  to  time,  and  which  relate  to  the 
ownership  of  the  Bunker  Hill  Monument,  and  to  that  of 
the  grounds  upon  which  it  is  situated. 

[To  the  Senate  and  Honse  of  Representatives,  March  11,  1890  ] 

I  have  the  honor  to  transmit  to  you  herewith  the 
invitation  of  the  executive  committee  of  the  national 
encampment  of    the    grand    army    of    the     republic    for 

1890,  to  the  Commonwealth  of  Massachusetts,  to  partici- 
pate in  the  reception  and  entertainment  of  that  great 
body  of  veterans  at  their  annual  reunion  in  the  city  of 
Boston  in  the  month  of  August  next. 


^Oi  Special  Messages. 

[To  the  Senate  and  House  of  Representatives,  March  27, 1890.] 

I  desire  to  call  to  your  attention  the  condition  of  the 
State  Prison,  in  relation  to  the  accommodation  which  it 
provides  for  its  present  inmates,  and  which  it  has  for 
those  who  are  likely  to  be  committed  to  it  in  the  near 
future. 

Under  the  provisions  of  section  4  of  chapter  221  of 
the  Public  Statutes,  "the  Governor  with  the  advice  and 
consent  of  the  Council  may,  from  time  to  time,  cause 
additional  buildings  to  be  erected,  or  alterations  to  be 
made  in  the  existing  buildings,  so  that  there  shall  be  at 
all  times  as  many  separate  cells  as  there  are  convicts  in 
the  prison." 

There  are  in  this  institution,  as  shown  by  a  recent 
census,  593  prisoners.  The  number  of  its  cells,  exclusive 
of  the  rooms  in  the  hospital  and  the  rooms  in  the  block 
used  for  solitary  imprisonment,  586.  Of  this  number, 
four  being  necessarily  used  for  storage  purposes,  there 
are  in  the  main  prison  but  582  cells  available.  In 
December,  1884,  when  the  State  Prison  was  estal)lished 
in  Boston,  450  prisoners  were  brought  from  Concord. 
Should  the  ratio  of  increase  in  the  number  of  its  inmates 
be  continued  for  a  few  months  only,  it  will  be  impossible 
to  accommodate  the  prisoners,  unless  the  solitary  block 
is  used,  or  two  men  are  put  in  one  room,  either  of  which 
plans  would  be  open  to  serious  objection.  At  present, 
but  for  the  fact  that  some  of  the  prisoners  are  in  the 
hospital,  it  would  be  impossible  to  comply  strictly  with 
the  requirements  of  the  statute. 

No  relief  can  be  expected  by  the  release  of  prisoners 
on  expiration  of  terms  of  sentence,  as  only  about  one 
hundred  will  be  discharged  in  that  manner  durins;  the 
year,  and  the  commitments  during  the  same  time  will 
undoubtedly  largely  exceed  that  number.  Nor  is  it  prac- 
ticable to  relieve  the  State  Prison  by  transfers  to  the 
Massachusetts  Reformatory,  as  the  number  of  young 
men  in  the  prison  who  could  properly  be  transferred  is 
very  small.  Moreover,  the  population  of  the  reformatory 
is  now  increasing  rapidly,  so  rapidly  that  undoubtedly  in 
the  near  future  it  will  be  necessary  to  reserve  all  its  room 
for  those  who  are  committed  to  it  by  the  courts. 

It  devolves  upon  you  to  provide  the  means  by  which 
this  lack  of  proper  accommodation  at  the  State  Pri&on 
will  be  remedied,  and  the  intention  of  the  statute  complied 


Special  Messages.  605 

with,  this  intention  being  in  accord  with  the  humane 
sentiment  of  the  Commonwealth.  To  provide  needed 
room,  the  north  wing  of  the  prison  may  be  so  extended 
as  to  furnish  space  for  160  additional  cells,  and  in  order 
that  an  estimate  of  the  cost  of  this  addition  might  be 
formed,  the  opinion  of  a  firm  of  competent  architects  has 
been  sought  and  obtained.  They  j)lace  the  requisite 
expenditure  at  a  little  more  than  $116,000.  This  estimate 
is  based  on  the  supposition  that  the  work  is  to  be  done 
wholly  by  those  outside  the  prison,  and  it  includes  the 
extension  of  the  heating  apparatus  and  the  cost  of  all 
the  labor  and  material,  excei)t  the  stone,  which  is  already 
on  the  premises.  As  the  foundation  can  be  laid,  and 
much  of  the  iron  work  made  by  the  prisoners,  this 
estimate  may  be  so  reduced,  I  believe,  that  the  direct 
expenditure  from  the  treasury  of  the  Commonwealth  need 
not  exceed  $75,000. 

I  submit  the  subject  to  you  for  your  consideration,  in 
order  that  if  you  agree  with  me  as  to  the  necessity  of  the 
work  proposed,  you  may  make  the  appropriation  required 
therefor. 

[To  the  Senate  and  House  of  Representatives,  May  15,  1890.] 

I  am  informed  by  the  commissioners  appointed  under 
the  provisions  of  chapter  95  of  the  acts  of  the  present 
year,  to  take  measures  to  prevent  the  spreading  and  to 
secure  the  extermination  of  the  gipsy  moth,  that  an  addi- 
tional appropriation  is  needed  to  enable  them  to  proceed 
with  the  work  with  the  performance  of  Avhich  they  are 
charged.  This  work  has  been  found  to  be  of  much  greater 
magnitude  than  was  anticipated,  the  territory  over  which 
the  insects  have  spread  being  some  sixteen  times  as  large 
as  it  was  at  first  supposed  to  be. 

Immediately  upon  their  appointment,  the  commissioners 
entered  actively  into  the  performance  of  the  duty  imposed 
upon  them,  and  they  have  diligently  continued  it.  They 
have  been  obliged  to  employ  a  large  force  of  men,  and 
to  incur  considerable  expense  for  material.  They  have 
already  paid  out  $12,000,  and  they  estimate  that  by  the 
middle  of  August  next  the  prosecution  of  the  work,  if  it 
is  continued  in  the  vigorous  manner  in  which  it  has  been 
begun,  will  have  made  necessary  the  expenditure  of 
$34,000  ;  and  that  an  additional  sum  will  be  required  for 
the  remainder  of  the  year.     They  are  of  the  opinion  that 


606  Special  Messages. 

an  appropriation  of  $25,000  in  addition  to  that  now  at 
their  command  should  be  made. 

They  will  furnish  you  with  the  details  of  their  expendi- 
tures up  to  the  present  time,  and  also  of  those  which  they 
believe  should  be  made  hereafter.  Although  these  antici- 
pated expenditures  will  exceed  the  amount  which  it  was 
originally  thought  the  work  would  require,  I  believe  they 
will  be  fully  warranted.  If  made  at  once  they  may  save 
a  much  larger  expense  in  the  future,  when  the  evil  with 
which  the  commission  is  dealing,  and  which  is  rapidly 
spreading,  will,  if  not  promptly  checked,  have  assumed 
much  larger  proportions. 

It  is  due  to  the  agricultural  interests  of  the  Common- 
wealth, already  bearing  many  burdens,  that  every  rea- 
sonable effort  should  be  made  to  protect  them  against  this 
new  enemy  by  which  they  are  menaced.  I  therefore 
commend  the  request  of  the  commissioners  to  your  favor- 
able consideration. 


[To  the  Senate  and  Honse  of  Representatives,  June  "2,  1893.] 

For  three  years  the  Commonwealth  has  had  the  right 
to  discharge  the  sewage  of  the  Reformatory  Prison  for 
Women  into  the  main  sewer  of  the  town  of  Framingham, 
and  this  year  the  disposal  of  the  prison  drainage  has  been 
made  mandatory. 

For  the  performance  of  this  work  the  sum  of  five  thou- 
sand ($5,000)  dollars  has  been  appropriated,  the  estimate 
of  its  probable  cost  having  been  based  upon  the  statement 
of  an  engineer  of  the  Boston  Water  Board.  The  com- 
missioners for  prisons  having  caused  a  survey  to  be  made 
and  specifications  for  the  necessary  construction  to  be 
prepared,  advertised  for  proposals  for  the  work,  and  in 
response  they  received  ten  bids.  The  lowest  of  these  bids 
greatly  exceeds  in  amount  the  money  which  the  commis- 
sioners are  authorized  to  expend,  and  unless  an  additional 
sum  is  granted  them  they  will  be  unable  to  comply  with 
the  requirements  of  the  law. 

There  is  urgent  necessity  that  this  work  should  be  done, 
and,  that  it  may  be  done  at  once,  I  commend  to  your 
favorable  consideration  and  action  the  request  of  the  com- 
missioners for  an  additional  appropriation  of  three  thou- 
sand ($3,000)  dollars,  with  which  they  are  confident  they 
can  do  all  that  the  act  of  this  year  demands. 


Special  Messages.  (307 

[To  the  Senjte  and  House  of  Representatives,  June  o,  1S90.] 

The  Board  of  Pxlucation  has  called  my  attention  to  the 
fact  that  fire-escapes  should  be  placed  upon  the  boarding 
hall  of  the  State  Normal  School  at  Westfield,  and  that  such 
chanijes  should  be  made  in  that  building  as  will  secure  to 
its  inmates  adequate  protection  against  fire.  The  work 
required  for  these  improvements  will  involve  an  expendi- 
ture of  fifteen  hundred  ($1,500)  dollars,  and  for  this 
outlay  no  appropriation  is  available. 

I  reconmiend,  therefore,  that  you  place  that  amount 
at  the  command  of  the  Board  of  Education,  to  be  expended 
in  such  manner  that  the  building  may  be  provided  with 
proper  and  suflScient  safe-guards. 

[To  the  Senate,  June  28,  1890.] 

I  return  to  you  herewith,  with  my  objections,  a  bill 
entitled:  "  An  Act  to  authorize  the  consolidation  of  gas 
and  electric  light  companies,"  which  originated  in  your 
body. 

The  bill  allows  the  consolidation  of  both  gas  and  elec- 
tric companies,  and  of  two  or  more  gas  companies  or  two 
or  more  electric  companies  in  the  same  city  or  town. 
The  union  of  a  gas  company  with  one  or  more  electric 
light  companies  can  now  be  practically  eftected  under  the 
provisions  of  chapter  385  of  the  Acts  of  the  year  1887. 
This  has  already  been  done  in  many  towns  and  cities,  the 
gas  company  (when  authorized  by  the  Board  of  Gas  and 
Electric  Light  Commissioners  to  engage  in  the  business 
of  furnishing  electricity)  having  the  right  to  purchase  or 
lease  the  electric  property  and  franchises  then  in  use  in 
its  territory. 

If  the  consolidation  of  gas  and  electric  light  comptmies 
is  to  be  authorized  by  a  general  law,  the  exercise  of  this 
authority,  in  every  case,  should  be  made  subject  to  the 
approval  of  some  competent  tribunal,  w^hose  duty  it 
should  be  to  consider  the  effect  of  the  proposed  consoli- 
dation upon  the  interests  of  the  public.  A  union  of 
companies  in  one  town  or  city  might  be  for  the  advantage 
of  the  people,  but  have  the  rev,erse  effect  in  another,  and 
the  question  as  to  whether  it  should  take  place  should  not 
be  left  to  the  determination  alone  of  the  stockholders  of 
the  consolidating  companies,  who  would,  naturally,  make 
their  own  interests  paramount  to  those  of  the  public. 


608  Special  Messages. 

No  such  safeguard  is  provided  by  the  jl^ill.  AYhile  it 
appears  to  give  the  Board  of  Gas  and  Electric  Light  Com- 
missioners some  supervision,  it  gives  that  board  no 
authority  to  pass  upon  the  expediency  of  tlie  consolida- 
tion. It  simply  provides  that  the  board  shall  render  an 
opinion  as  to  whether  the  provisions  of  the  act  have  been 
complied  with,  and  even  this  slight  duty  is  to-be  per- 
formed at  a  stage  of  the  proceedings  when  only  a  portion 
of  the  powers  given  by  the  act  have  been  exercised.  The 
advisabilit}'  of  a  union  of  companies  in  any  town  or  city 
presents  a  question  which  the  board  above  named  ought  to 
be  peculiarly  qualified  to  consider  and  determine,  and  the 
authority  so  to  do  should,  in  my  opinion,  be  given  to  it 
if  the  bill  is  to  be  enacted. 

•  It  is  obvious  that  the  bill,  if  it  becomes  law,  w^ill  make 
a  radical  change  in  the  existing  policy  of  the  Common- 
wealth in  relation  to  the  capital  stock  of  such  corpora- 
tions, the  manner  in  which  it  may  be  increased,  and  in 
which  the  shares  shall  be  issued  and  paid  for.  For  the 
purpose  of  comparison  it  will  be  useful  to  consider  some 
of  the  present  laws  upon  the  subject.  Section  47  of 
chapter  106  of  the  Public  Statutes  is  as  follows:  "No 
note  or  obligation  given  by  a  stockholder,  whether  secured 
by  pledge  or  otherwise,  shall  be  considered  payment  of 
any  part  of  the  capikil  stock ;  but  the  capital  stock  shall 
be  paid  in,  either  in  cash  or  in  the  manner  provided  in 
the  two  following  sections."  These  sections  authorize, 
upon  certain  conditions,  the  conveyance  to  the  corpora- 
tion of  propert}^,  real  or  personal,  at  a  fair  valuation  in 
lieu  of  cash. 

When  the  capital  stock  of  a  gas  company  is  increased, 
section  39  of  the  same  chapter  provides  that  "the  new 
shares  shall  be  sold  and  disposed  of  at  public  auction  for 
the  benefit  of  the  corporation  .  .  .  and  only  such  num- 
ber of  shares  shall  be  issued  as,  when  so  sold  and  dis- 
posed of,  will  produce  the  amount  necessary  for  the 
purpose  for  which  such  increase  is  authorized." 

Section  18,  chapter  105  of  the  Public  Statutes  provides 
that  "  no  tclegra})h  or  gas-light  company  chartered  under 
the  laws  of  this  Commonwealth  shall  declare  any  stock 
dividend,  or  divide  the  proceeds  of  the  sale  of  stock 
among  its  stockholders  ;  nor  create  any  additional  new 
stock  or  issue  certificates  thereof,  to  any  person  whatever, 


Spec  FAT.  Messages.  609 

unless  the  par  value  of  the  shares  so  issued  is  frst  paid  in 
cash  to  its  treasurer.''  All  certilicates  of  stock  issued  in 
violation  of  the  provisions  of  this  section  are  made  void, 
and  the  directors  of  the  corporation  issuing  the  same  are 
made  liable  to  a  penalty  of  one  thousand  dollars  each. 

This  hill  is  a  wide  departure  from  the  principles  upon 
which  these  statutes  are  based  ;  and  as  it  provides  in  its 
ninth  section  that  "  all  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed,"  it  is  a  question  whether 
its  enactment  would  not  repeal  them. 

Under  the  provisions  of  the  bill  the  capital  stock  of 
the  new  company  is  to  be  fixed  by  three  appraisers. 
I  do  not  find,  however,  that  the  appraisers  are  called 
upon  to  value  the  property  of  the  companies,  real  or  per- 
sonal. They  are  not  required  even  to  value  the  shares. 
In  a  matter  of  so  great  importance  it  should  be  required 
that  the  appraisers  be  disinterested  persons,  and  that 
they  should  be  sworn  to  the  faithful  discharge  of  their 
duties.  Neither  of  these  requirements  is  made  in  the 
bill. 

It  is  stated  in  the  bill,  section  4,  "that  the  franchise 
of  said  companies  shall  not  be  construed  as  property  for 
the  purpose  of  valuation."  But  the  valuation  mentioned 
just  above  this  provision  in  the  bill  is  the  valuation  of  the 
shares  made  by  the  Tax  Commissioner.  How  it  is  to  be 
known,  and  how  and  where  it  will  appear  that  the  value 
of  the  franchise  is  not  included  in  this  valuation,  I  am  un 
able  to  understand.  The  bill  provides  further  that  the 
Commissioner  of  Corporations  shall,  "  if  requested  so  to 
do  by  twenty-five  voters  in  said  city  or  town,  give  such 
hearing  as  he  may  deem  proper."  But  I  fail  to  discern 
the  purpose  of  the  hearing  or  the  subjects  intended  to  be 
considered,  or  the  power  or  discretion  to  be  exercised  in 
consequence  thereof  by  the  commissioner. 

My  chief  objections  to  the  bill  relate  to  the  restrictions 
in  regard  to  the  amount  of  stock  which  may  be  issued  by 
the  new  company.  These,  in  my  opinion,  are  wholly 
inadequate.  There  are  two  limitations.  First,  the  capi- 
tal "  shall  not  exceed  by  more  than  twenty-five  per  cent, 
the  aggregate  capital  stock  of  the  constituent  companies 
authorized  at  the  time  of  consolidation."  Second,  it  shall 
not  exceed  "the  fair  cash  valuation  of  the  shares  of  the 
constituent  corporations  issued  and  outstanding  at  the 
time  of  consolidation  as  estimated  by  the  Tax  Coramis- 


610 


Special  Messages. 


sioner  for  the  purposes  of  taxation  on  the  first  day  of  May 
next  preceding  such  consolidation." 

The  first  limit  practically  places  no  bar  to  the  most 
reckless  issue  of  stock.  It  not  only  permits  but  seems 
to  invite  it.  The  words  "  authorized  at  the  time  of  con- 
solidation "  would  allow  the  full  amount  of  stock  which 
the  constituent  companies  in  any  event  might  issue  under 
the  Public  Statutes,  or  under  the  special  charters  of  the 
companies.  Any  gas  company  created  b}^  special  charter 
prior  to  March  22,  1871,  may  increase  its  capital  stock  to 
an  amount  not  exceeding  one  million  dollars.  Nearly  all 
the  larger  gas  companies  in  the  State  w^ere  chartered 
prior  to  that  date.  Each  of  the  electric  light  companies, 
organized  under  the  general  law,  may  also  increase  its 
capital  to  a  like  amount.  This  bill  allows  a  further  in- 
crease of  twenty-five  per  cent,  over  these  amounts,  and 
does  not  require  any  money,  representing  the  additional 
capital  stock,  to  be  paid  into  the  treasury  for  the  use  of 
the  new  corporation. 

The  inflation  possible  within  the  meaning  of  the  clause 
"  authorized  at  the  time  of  consolidation  "  is  forcibly  illus- 
trated by  reference  to  the  gas  and  electric  companies  in 
the  city  of  Boston,  the  following  tabulation  showing  the 
present  capital,  the  authorized  capital,  and  the  possible 
increase  :  — 


The  Boston  Gas  Companies. 


Boston  Gas  Light  Co.,    , 
Dorchestei"  Gas  Light  Co., 
Charlestown  Gas  Co.,    . 
East  Boston  Gas  Co., 
Jamaica  Plain  Gas  Light  Co., 
Ko.vbury  Gas  Light  Co., 
South  Boston  Gas  Light  Co., 
Bay  State  Gas  Co., 

Total,  .... 


Present 
Capital. 

Authorized 
Capital. 

$2,500,000 

$3,500,000 

400,000 

1,000,000 

500,000 

L000,000 

220,000 

1,000,000 

200,000 

1,000,000 

600,000 

1,000,000 

440,000 

1,000,000 

500,000 

2,500,000 

. 

$5,360,000 

$12,000,000 

Boston  Electric  Light  Companies. 


Boston  Electric  Light  Co.,     . 
Edison  Electric  Illuminating  Co. 

Total,  .... 


$1,000,000 
500,000 

$1,500,000 


$3,000,000 
2,000,000 

$5,000,000 


Special  Messages.  611 


Recapitulation. 

Gn^  Companies'  autliorized  capital, 

Electric  Lio:lit  Comj)anies"  authorized  cai)ital, 

Total  authorized  capital,     . 
Add  tweuty-tive  per  cent ,     .         .         .         . 


$12,000,000 
5,000,000 

$17,000,000 
4,250,000 


Total  authorized  capital  under  the  limitation,  .         $21,250,000 


Gas  Companies'  present  capital, $5,360,000 

Electric  Light  Companies'  jDresent  capital,  .         .         .  1,500,000 


Total, $6,860,000 


Possible  increase  by  the  act  over  present  capital,         .        $14,390,000 

But  these  figures,  large  as  they  are,  do  not  represent 
the  full  extent  of  the  inflation  possible  under  this  limita- 
tion. They  only  represent  the  amount  in  the  event  that 
all  the  companies  were  consolidated  at  the  same  time. 
This  need  not  be  done,  however.  Two  of  them  might 
unite,  and  the  new  company  formed  by  this  union  after- 
wards unite  with  a  third,  and  so  on.  Upon  the  first  con- 
solidation the  authorized  capital  of  the  new  company 
would  be  the  aggregate  of  the  capitals  of  the  consolidated 
companies,  with  twenty-five  per  cent,  thereof  added. 
When  the  new  company  came  to  unite  with  the  third  com- 
pany, this  authorized  capital  would  be  added  to  that  of 
the  third  and  the  amount  might  be  further  increased  by 
the  addition  of  twenty-five  per  cent,  thereof.  In  other 
words,  at  each  consolidation  twenty-five  per  cent,  of  the 
sum  of  the  authorized  capitals  of  the  combining  com- 
panies might  be  added,  so  that  when  all  were  finally 
united  the  increase  of  the  capital  of  the  consolidated 
company  over  the  present  actual  capitals  of  the  companies 
named  might  be  far  in  excess  of  the  $14,390,000.  Doubt- 
less the  intention  to  proceed  in  this  way  would  be  dis- 
claimed by  the  parties  interested  in  the  bill,  but,  in 
enacting  it,  it  is  important  to  consider  possibilities  as  well 
as  present  intentions. 

The  second  limit  is  scarcely  less  objectionable,  in  my 
opinion,  than  the  first.  The  valuation  of  the  shares  by 
the  Tax  Commissioner  for  the  purposes  of  taxation,  ought 
not  to  form  the  basis  of  the  capital  stock.  By  chapter  13 
of  the  Public  Statutes  it  is  provided  that  the  Tax  Com- 
missioner shall  ascertain,  from  the  returns  or  otherwise, 
the  true  market  value  of  the  shares   and  shall  estimate 


612  Special  Messages. 

therefrom  the  fair  cash  valuation  of  all  of  said  shares  on 
the  first  day  of  May  next  preceding,  which  shall  be 
taken  as  the  true  value  of  the  corporate  franchise  for  the 
purposes  of  the  chapter. 

The  basis  for  the  issue  of  stock  should  be  uniform 
among  the  companies  and  should  be  fixed,  so  far  as  pos- 
sible, by  the  necessary  outlay  in  the  acquisition  of  real 
and  tangible  property.  Companies  which  combine  ought 
not,  in  this  respect,  to  have  an  advantage  over  those  which 
remain  separate.  The  market  value  of  the  sharee  liuctu- 
ates.  Accidents  and  unavoidable  casualties  may  for  a  time 
depress  it.  At  other  times  an  over  estimate  of  future 
business,  or  a  too  sanguine  expectation  of  increased  gains 
from  a  new  invention  or  some  novel  process  of  manufact- 
ure, may  advance  the  price  of  stocks  in  the  market  far 
l)eyond  their  intrinsic  worth.  Sometimes  the  accumula- 
tion of  a  surplus  causes  a  rise  in  the  market  value  of 
stocks. 

By  reference  to  the  published  balance  sheets  of  the  com- 
panies, more  especially  of  the  gas  companies,  which  have 
been  longer  established,  it  will  be  seen  that  many  of  them 
carry  a  substantial  reserve  fund  in  some  form.  This  is  done 
in  many  cases  for  prudential  reasons,  arising  in  some 
measure  from  the  risk  of  the  business  and  for  the  purpose 
of  readily  meeting  an  unusual  expenditure.  As  this  sur- 
plus is  gathered  from  the  money  collected  from  the  sale 
of  gas  or  electricity,  and  comes  from  the  pockets  of  the 
consumers,  it  should  be  kept  reasonably  small.  This 
result  can  always  be  reached  by  a  reduction  in  the  price 
charged  for  light.  Whenever  a  considerable  balance  has 
been  saved  from  the  ordinary  receipts  of  a  company  it  is 
safe  to  assume  that  the  stockholders  have  meanwhile 
received  adequate  dividends.  In  such  a  case  it  may 
fairly  be  said  that  the  stockholders  and  the  consumers  have 
a  mutual  interest  in  the  surplus.  These  companies  are 
substantially  pulilic  corporations.  Light  is  a  necessity  in 
our  dwellings  and  in  our  streets.  It  should  be  supplied 
at  the  lowest  price  which  will  yield  a  fair  return  upon  the 
capital  invested.  There  should  be  no  unnecessary  stock 
claiming  dividends.  As  stated  by  the  Gas  Commissioners 
in  their  third  annual  report,  "  the  capitalization. of  com- 
panies is  an  important  factor  in  governing  the  price  of 
gas.  Fortunately  in  this  State  a  large  majority  of  the 
companies  are  conservative  in  this  respect,  and  but  few 
have  watered  their  stock." 


Special  Messages.  613 

And  in  another  report  they  say:  "  In  this  connection 
the  capitalization,  or  the  amount  of  capital  employed  in 
the  enter})rise,  is  an  important  element.  It  should  be 
kept  as  low  as  possible.  Needless  outlay,  by  reason  of 
competition,  should  be  avoided  and  saved  ;  for  when  it 
has  been  once  incurred,  and  money  paid  and  expended 
in  enterprises  not  required  to  supply  the  public  wants,  so 
great  is  the  expectation  of  gain  and  so  persistent  and  un- 
yielding the  demands  of  capital  for  dividends,  the  remedy 
is  not  then  easily  found  or  applied,  and  the  evil  should  be 
prevented  at  the  outset  by  keeping  the  capitalization  on 
the  proper  basis." 

This  basis  is  that  fixed  by  the  existing  laws  to  which  I 
have  referred,  and  which  require  that  the  capital  stock 
of  a  corporation  shall  be  paid  in,  either  in  cash  or  its 
equivalent,  before  it  commences  business,  and  which  pro- 
hibit the  issue  of  new  stock  by  a  gas  company,  unless  the 
par  value  of  the  shares  is  first  paid  in  cash.  To  authorize 
the  issue  of  such  new  stock  without  such  payment  is  to 
authorize  what  is  popularly  known  as  stock  watering. 
It  does  not  increase  the  capacity  of  the  company  for 
enlarging  or  improving  its  service,  because  nothing  is 
added  to  its  treasury.  It  gives  to  those  who  are  so  fortu- 
nate as  to  receive  the  additional  stock  property  for  which 
they  have  not  paid  and  upon  which  they  expect  to  receive 
dividends.  These  additional  dividends  are  to  come  from 
the  pockets  of  the  people.  The  burdens  of  the  many  are 
made  heavier  in  order  to  swell  the  profits  of  the  few. 
This,  it  seems  to  me,  will  be  the  effect  of  the  bill  under 
consideration. 

The  results  of  such  legislation  elsewhere  are  instructive 
upon  this  point.  In  the  State  of  New  York  the  law 
formerly  provided  that  where  two  or  more  corporations 
consolidated  the  capital  stock  of  the  new  company  should 
not  exceed  the  aggregate  amount  of  the  capitals  of  the 
consolidating  companies.  ^In  1884  this  law  was  changed 
so  as  to  allow  the  capital  of  the  new  company  to  equal  in 
amount  the  fair  aggregate  value  of  the  property,  fran- 
chises and  rights  of  the  consolidating  companies.  Under 
this  statute  the  gas  companies  of  the  city  of  New  York 
consolidated.  The  New  York  Gas  Company  in  entering 
the  consolidation  raised  its  capital  stock  from  $4,000,000 
to  $7, .560,000:  the  Manhattan  from  $4,000,000  to  $11,- 
940,000  ;  the  Metropolitan  from  $2,500,000  to  $(),.')00,000. 
The  other  companies  did  the  same,  so  that  their  aggre- 


614  SPEciAii  Messages. 

gate  capital,  which  before  consolidation  amounted  to 
$17,000,000,  was  increased  by  the  consolidation  to  $39,- 
078,000,  or  more  than  one  hundred  per  cent.  The  result 
was  that  the  people  of  New  York  city  were  obliged  to  pay 
dividends  upon  more  than  double  the  capital  stock  upon 
which  they  had  previously  paid.  The  committee  ap- 
pointed to  investigate  this  consolidation  by  the  New 
York  Senate  in  1886,  in  their  report  said  :  "If  injustice 
has  been  done  to  the  gas  consumers  of  New  York  city  it 
has  been  done  by  the  Legislature  in  passing  a  law  allow- 
ing consolidation  to  be  effected  in  this  manner." 

I  cannot  give  my  sanction  to  an  act  upon  which  a 
similar  charge  of  injustice  to  the  gas  consumers  of  Massa- 
chusetts may  hereafter  be  founded.  Believing  that  the 
bill  in  question  is  one  of  that  character,  that  it  gives, 
without  proper  safeguards,  to  corporations  already  enjoy- 
ing great  privileges,  additional  powers,  which,  however 
profitable  they  might  be  to  their  stockholders,  would  be 
detrimental  to  the  interests  of  the  people,  I  return  it  to 
your  honorable  body  that  it  may  receive  your  reconsider- 
ation. 


CHANGE    or   NAMES. 


CHANGE   OF   NAMES   OF  PERSOISrS. 


In  complfance  Avith  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of 
the  following  Changes  of  Names  have  been  received  at  the  Department  of  the  Secretary  of  the 
Commonwealth,  as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective 
Counties :  — 

SUFFOLK   COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1889. 

Jan. 

7, 

J.ameB  I.  Stevens,*  .... 

Thomas  Francis  Carr,     . 

Newburyport. 

14. 

Agnes  Meay,*  .... 

Hattie  Evelyn  Celley,     . 

Boston. 

14, 

Parker  Home,* 

Leonidas  Palmer,  Jr.,     . 

Boston. 

28, 

William  Haniford  or  llanifen. 

William  Hannaford, 

Boston. 

28, 

Catherine  T.  Haniford  or  Hanlfen 

Catherine  Theresa  Hannaford, 

Boston. 

Feb. 

4, 

Mabel  Swausholm,* 

Marion  Mabel  Emery,     . 

Boston. 

11, 

Adolphe  Belot,* 

Edmond  Amede  Drefus, 

Boston. 

IS, 

Frederick  Raymond  Kenned 

i. 

Frederick  Russell  Bates, 

Boston. 

18, 

Beulah  Locke,* 

Beulah  Locke  Wood, 

Williamstown. 

18, 

AloysiuB  James  Fenvvick, 

Aloysius  James  De  Silva, 

Boston. 

•25, 

Bernadina  Gamble,* 

'  Mary  Bernadina  Donovan,     . 

Boston. 

^0, 

William  Lynch,*     . 

Henry  Cecil  Scott,  .... 

Boston. 

Mar. 

4, 

William  Sargent,*   . 

Charles  Franklin  Morse, 

Boston. 

11, 

Mary  Mansey,* 

I  Mary  Josephine  Ricker, 

Boston. 

n. 

liomaiue  Nesly,*     . 

Romainc  Kaulbeck, 

Boston. 

18, 

Agnes  Welche,* 

Agnej  Welche  Murphy, 

18, 

William  H.  liafferty,       . 

William  Henry  Haskell, 

Buston. 

25, 

Walter  Smith  Fox,* 

Walter  Walker  Byrne,  . 

Boston. 

25, 

Willie  Adams,* 

Clarence  Dodge  Brickett, 

25, 

Hattie  I.  Winilow,* 

Jenny  Louisa  Parker,     . 

Boston. 

25, 

Margaret  E.  Ducott,* 

Margaret  May  Thompson, 

Boston. 

25, 

Louisa  Caldwell,*    . 

Margaret  Bruce,       .... 

Boston. 

Apri 

8, 

Margaret  Agnes  Lee,*     . 

Myrtle  Helen  Wallace,  . 

Boston. 

8, 

Luther  R.  Phipps,* 

i  Charles  Robert  Brooks  Haskell,    . 

Boston. 

8, 

William  Walter  Boudreau,* 

!  Charles  Walter  Graber, . 

Boston. 

15, 

Edward  Joseph  Meehan,* 

1  Edward  Oliver  Oakes,    . 

15, 

Mary  E.  Heazle,*    . 

Alraeda  Lane  Ripley  Colby,  . 

Boston. 

15. 

Alice  Galeucia,* 

Alice  Christiansen, 

Boston. 

1i, 

Lionel  Fox,*     . 

Lionel  Fox  Parker, 

Boston. 

23, 

Clarence  George,     . 

Clarence  Emerson  George,     . 

Boston. 

29, 

Southwick,* 

[  Alton  Aldrich  Howard, . 

Somerville. 

May 

13, 

Harry  J.  Bnmstead,* 

1  Harry  James  HoUings,  2d,     . 

Boston. 

20, 

MineVva  E.  Newton, 

1  Minerva  Evilyn  Bacon,  . 

Boston. 

20, 

Frank  Frederick  Carstens,* 

P>ank  Frederick  Ernst,  . 

Boston. 

June 

3, 

Kitty  -Jane  Lane,     . 

Katherine  Jane  Lane, 

Boston. 

3, 

William  B.  Drake, .     "   . 

William  B.  Goodey, 

Boston. 

July 

1, 

Mary  Spooner  Gaut, 

Mary  Spooner  White,     . 

Boston. 

1, 

Anna  Evelina  Gaut, 

Anna  Evelina  White, 

Boston. 

29, 

Laura  Morgan,* 

Roberta  Gertrude  Campbell, 

29, 

Annie  M.  Mcintosh,* 

Anuie  May  Smith 

Boston. 

Aug. 

19, 

Edgar  Jonea,*  . 

Meddie  Brown,        .... 

Boston. 

Sept. 

3, 

.Joseph  Wertley  Hawkes, 

Joseph  Howard,      .... 

Boston. 

3. 

Harriet  Fl.lelia  Archibald,* 

Harriet  Fidelia  Brown,  . 

Ipswich. 

30, 

Hiram  Alson,* 

Stewart  Dudley        .... 

*  Changed  by  reason  of  adoption. 


618 


Change  of  IN'ames. 


SUFFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


1889. 

Sept.  30, 
30, 
30, 
30, 
30, 
30, 
30, 
30, 
30, 
7, 
14, 
21, 

Nov.    11, 

n, 

18, 
25, 
2, 
9, 
16, 
16, 
16, 
16, 
23, 
23, 
23, 
30, 


Oct. 


Dec, 


Josephine  Hoiton,* 
Charles  F.  Clark,* 
Louise  Radford,* 
May  Prospect,* 
Miles  B.  Biunott,* 
Harry  Chase,*  . 
James  McUann,* 
Mary  Kelley,*  . 
George  Wellington,* 
Sarah  Grace  Ilypson,* 
John  H.  Cunningham, 
Charles  E.  Hev.iit,* 
Julia  Myrtle  Newcomb, 
Eva  Nixon,*     . 
Lorenzo  A.  Maynard,  Jr 
Florence  E.  Jackson, 
Peler  Thomas, 
Mary  Williams,* 
Mary  Collins,* 
Beatrice  I'earce,*     . 
Gertrude  L.  Comstock,* 
John  Angus  Livingston,* 
Theodore  Harold,    . 
Mary  S.  R.  Harold, 
Stewart  Harold, 
Mae  Guiditta  Allen, 


Josephine  Dudley,  . 
Charles  F.  Guptill, . 
Louise  Grace  Emery, 
Mary  Elgie  Araidon, 
Miles  Hanborn  Ginn, 
Harry  Chase  Knight, 
William  J.  Schaffer, 
Bessie  Leiia  Town, 
John  Alfred  Kaveney, 
Grace  Upton,   . 
John  Henry  Lial,     . 
Charles  Ellsworth  Thay 
Myrtle  Julia  Newcomb 
Eva  Bailey, 
Lawrens  Maynard, . 
Florence  E.  Hammond, 
Peter  James  Thomas, 
Mary  Countee, 
Dorothea  Mildred  Jenni 
Beatrice  Wright, 
Gertrude  Lenora  Hall, 
John  Angus  McDonald, 
Theodore  Harold  Clapp 
Mary  Stewart  Kobinpun 
Stewart  Harold  Clapp, 
Mae  Guiditta  Daley, 


Clapp 


Boston. 
Boston. 


Boston. 


Chelsea. 

Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Chelsea. 
Boston. 
Boston. 
Somerv.ille. 

Boston. 
Chelsea. 
Chelsea. 
Chelsea. 
Boston. 


ESSEX  COUNTY. 


Jan. 

7, 

Andrew  D.  Blanchard,  . 

Denman  Blanchard, 

North  Andover. 

7, 

Mary  1.  Brotherton,* 

Mary  Isabel  Fountain,    . 

Gloucester. 

21, 

Neda  Frances,* 

Ramona  Frances  Hadley, 

Somerville. 

28, 

Anne  Cox,* 

Sylvia  May  Putnam  Hollis     . 

Boston. 

Feb. 

4, 

William  Burton  Bamford 

"Williiim  Burtou  Collins,    . 

Newbury. 

4, 

Susan  Bamford, 

Susan  Collins 

Newbury. 

18, 

Lanie  M.  Porter,*    . 

Lanie  May  Barker,  .... 

Easton. 

18, 

Mamie  Reed,*  . 

Mary  Roach 

Boston. 

Mar. 

4, 

Flora  G.  Lewis,*     . 

Flora  Gertrude  March,   . 

Lynn. 

4, 

Harry  A.  Thompson,*    . 

Harry  Augustus  Townes, 

Salem. 

11. 

John  Highland,*      . 

John  Crawford  Bunker, 

Boston. 

11, 

Daisy  Howe,    . 

Margaret  Howe,       .         . 

Danvers. 

18, 

Henry  J.  Henley,*  . 

Henrj- Jasper  Harriman 

Peabody. 

April 

1, 

Lucy  Dawson,* 

Lucy  Conners,          .... 

Salem. 

1, 

Sarah  A.  Foster,*    . 

Sarah  Alice  Colesworthy, 

Essex. 

1, 

Mattie  R.  Pevere,*  . 

Alice  Madeline  Sirall,     . 

Boston. 

1, 

Viola  P.  Kitson,*     . 

Edwiua  Addle  Aliard,    . 

Lawrence. 

8, 

Ralph  C   Stockbridge,*  . 

Ralph  Cobb  Eaton, . 

Haverhill. 

15, 

Guy  E.  W.  Newton,*     . 

Guy  Edgar  Weston  Leighton, 

Montpelier,  Vt. 

May 

6, 

Charles  H.  Heath,* 

Philip  Sidney  Williams, 

Boston. 

13, 

Jennie  M.  Clark,*    . 

Jennie  May  Parsons, 

Gloucester. 

20, 

Sarah  Anderson,*    . 

Ethel  Crawford  Fiske.    . 

Boston. 

27, 

James  M.  Smith, 

.Tames  Wheatland  Smith, 

Salem. 

June 

3, 

Joseph  Greenberg, . 

.loseph  Green,          .... 

Lawrence. 

3, 

Ralph  C.  Stewart,*  . 

Ralph  Cyr  Heath 

Lynn. 

3, 

Augustine  Brisbois  St.  Pierr 

',*     '• 

Auyustine  Brisbois, 

Salem. 

10, 

Ruth  Crowell,* 

Blanche  Bell  Purbeck,    . 

Boston. 

17, 

Ella  Agnes  Casey,* 

Ella  Dixon 

Lawrence. 

17, 

Gilbert  Foster,* 

Gilbert  P'oster  Fogg, 

Salem. 

17, 

Florence  M.  Carter,* 

Florence  Miner  Swain,    . 

Laconia,  N.  H. 

July 

1, 

William  Bailey  Miller,* 

William  Miller  Hilliard,       ,  . 

Lawrence. 

Aug. 

5, 

Emma  E.  N.  Coomes,*  . 

Emraii  Elizabeth  Nason, 

Gloucester. 

5, 

Francis  D.  Foster,* 

Frank  Dudley  Foster,     . 

North  Andover. 

Sept. 

9, 

Grace  B.  Cunningham,* 

Grace  Blanche  Ordway, 

Boston. 

*  Changed  by  reason  of  adoption. 


Change  of  Kames. 

ESSEX  COUNTY  —  Concluded. 


619 


Date  of 
Decree. 


1889. 

Oct.      7, 

7, 


Nov. 
Dec. 


Original  Name. 


Teresa  Crimmings,* 
El'za  Larveiy,* 
William  \V.  Leary,* 
Charles  A.  Martin,* 
Sarah  Ryan,*    . 
Emily  B.  Jackson,  . 
Mette  Jnhnson,* 
Maenie  M.  Flaherty,* 
Maud  L.  Swell,*      . 
Ina  Ray  Hall,* 
Joseph  Lawrence,* 


Name  Decreed. 


Teresa  Ran, 
Eliza  Mai  tineau, 
Willis  Howes  Allen, 
(Charles  Albert  Russell, 
Sarah  Mary  Gillis,  . 
Emily  B.  Goodwin, 
Mettc  Christina  Nelson, 
Helen  Josephine  Blood, 
Lillian  Cassi.iy, 
Ina  Ray  Taylor, 
Joseph  Lawrence  Clifford 


Residence. 


Lawrence. 
Lawrence. 

Gloucester. 

Salem. 

Newburyport. 

Boston. 

Stoneham. 

Lynn. 

Boston. 


MIDDLESEX  COUNTY. 


Jan. 

1, 

H, 

8. 

15, 

22, 

Feb. 

5, 

5, 

5, 

12, 

26, 

26, 

26, 

Mar. 

5, 

April 

2, 

9, 

May 

7, 

V, 

7, 

14, 

14, 

14, 

14, 

28, 

28, 

June 

11, 

11.  1 

25, 

25, 

25, 

25, 

July 

2.1 

9, 

Sept. 


Oct. 


Edith  Maud  Daramery,* 

Laura  Noble,* . 

Arthur  Grover,* 

Alia  Hawkslt'y,* 

Lottie  Alberta  Trecartin,* 

Lulu  Marion  Whitney,* 

Chester  Arthur  Geldert,* 

Thomas  William  Adams, 

Charles  Herbert  Milligau,* 

Martha  Dailey,* 

Joseph  Roza,* . 

Walter  Mahan, 

Abbie  Louisa  Wheeler,  . 

Edna  Marguerite  Robinson,* 

Estelia  Cressey,* 

W'illiam  Frederic  Hurd,  Jr., 

Moses  Hoyt  Sargent  Morss, 

Mary  W^illiams,* 

Leroy  Taylor  Prosser,*  . 

Patrick  Lynch,* 

James  Conley  Burke,*    . 

Arthur  Herman,*    . 

George  E.  Walerhouse, . 

Anna  S.  W^aterhouse, 

Mary  E.  Sullivan,*  . 

John  Francis  Burns,* 

Mary  Holman  Allen, 

L'zzie  M    Buzzell,  . 

William  Bradford  Buzzell, 

Fannie  Belle  Buzzell, 

Helen  May  Lawrence,*  . 

Richard  Burke,* 

Emma  Louisa  Warren,* 

Ethel  G.  Blaisdell,* 

Alia  Louise  Parker,* 

Ralph  Wiiifi.  Id  Garland,* 

Sarah  Ann  Nultint;,* 

Harriet  Elizabeth  Clark, 

Carrie  Black,* 

Bertha  Bennett,* 

Dora  Archibald,*     . 

Maud  Sinclair,* 

Julia  West,'     . 

Waldo  Harper,* 

Mary  R.  Stewart,*  . 

Arthur  Brown,* 

Edith  Morton,* 

Martha  Thompson  Adams, 


Edith  Maud  Newcomb,  . 
Laura  Alton  Howe, 
Arthur  Jenkins  I'pham, 
Ada  Amelia  Hodgson,     . 
Lottie  Louisa  Doyle, 
Lulu  Marion  Dix,    . 
Chester  Arthur  Penney, 
Charles  Thomas  Reayh, 
Charles  Herbert  Webster, 
Annie  M  unlock  Heuston, 
Joseph  Hilva,    . 
Walter  Hermann,     . 
Abbie  Louisa  Walker,    . 
Edna  Marguerite  Mackinnon 
Estelia  Cressey  Gragg,   . 
Frederic  William  Hurd, 
Sargent  Morss, 
Mei-tie  Belle  Etter,  . 
Charles  Anthony  Hillers, 
.Tames  Atwood  McVane, 
Edward  Andrew  Marshall, 
Arthur  Percy  Lawrence, 
George  Edwin  Marsh,     . 
Anna  Stella  Marsh, 
Dulah  Catherine  Miller, 
John  Francis  Kirley, 
Mary  Holman  Avery, 
Elizabeth  Mary  Buzelle, 
William  Bradford  Buzelle, 
Frances  Mary  Buzelle,    . 
R.  becca  Jordan  Chany.  . 
Richard  Irving  Maynaid, 
Emma  Louisa  Ireland,    . 
Ethel  Monroe,  . 
Ada  Louise  Mathason,    . 
Ralph  Garland  Starbird, 
Sarah  Ann  Morrison, 
Kalheiine  Hall  I  lark,     . 
Carrie  Elizabeth  Frost,  . 
Ben  ha  Bennett  Bacon,    . 
Dora  Isabel  Marston, 
Maud  Sinclair  Tower,     . 
I  Julia  West  Hurley, 
Fred  Waldo  Wheaton,    . 
Mary  Agnes  Mahoney,    . 
Arthur  ^anborn  CiiUieson, 
Edith  Ellen  Denno, 
Martha  Mead,  . 


Cambridge. 

Marlborough. 

Melrose. 

Lowell. 

Marlborough. 

Boston. 

Cambridge. 

Melrose. 

Cambridge. 

Cambridge. 

Cambridge. 

Cambridge. 

Marlborough. 

Boston. 

Cumberland,  Me. 

Coniord. 

Somerville. 

Hopkinton. 

Maiden. 

Cambridge,    a 

Newton. 

Ashby. 

Somerville. 

Somerville. 

Townsend. 

Cambridge. 

Somerville. 

Holliston. 

Hollistou. 

Holliston. 

Belmont. 

Hudson. 

Somerville. 

Carlisle. 

Lowell. 

Boston. 

Lowell. 

Readins;. 

Ware,  N  H. 

Boston. 

Ipswich. 

Boston. 

Maiden. 

Waltham. 

Cambridge. 

Somerville. 

Cambridge. 

Manchester,  N.  H. 


*  Changed  by  reason  of  adoption. 


620 


Change  of  Names. 


MIDDLESEX  COUNTY  — Concluded. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1889. 

Oct. 

22 

Martha  L.  Detoeritt,* 

Helen  Edgecomb  Abbott, 

Conway,  N.  H.     , 

22, 

Albert  Joseph  Donnelle, 

Albert  Joseph  Kingsbury,     . 

Lowell. 

22, 

Katie  Belle  Donnelle,      . 

Katie  Belle  Kingsbury,  . 

Lowell. 

22, 

Willoughby  Kingsbury  Donnelle, 

Willoughby  Joseph  Kingsbury,    . 

Lowell. 

22, 

Marg.iret  Jane  Donovan, 

Jessie  Margaret  Jones,   . 

Cambridge. 

JSov. 

6, 

Maud  Bannister,*    .... 

Lila  Maud  True,      .... 

Woburn. 

12, 

Thomas  Edward  James,* 

Thomas  Edward  Bywater,     . 

Groton. 

26, 

Jesse  Fisher  Mattetall,*  . 

Jessie  Mattetall  Stevens, 

Maiden. 

26, 

Willie  Wilmot  alias  Willie  Hanlon,* 

William  Cameron,  .... 

Dracut. 

Dec. 

3, 

Hattie  Harris,*         .... 

Hattie  Wilson 

Chelmsford. 

17, 

Mary  Ellen  Whitford,*  . 

Ellen  Dillon 

Waketield. 

WORCESTER  COUNTY. 


Jan. 

1, 

Nellie  Whitman  Curtis, 

EInora  Whitman  Curtis, 

Worcester. 

L.1. 

1, 

Rebecca  Leavins  Rogers, 

Rebecca  Leavins  Field,  . 

Worcester. 

18, 

Minnie  Nourse,*      .... 

Florence  May  McDonald, 

Athol. 

22, 

Sarah  Harriet  Joddrell,* 

Sarah  Harriet  Bardsley, 

Fitchburg. 

Feb. 

19, 

Camilla  Louise  Brewer, 

Camilla  Louise  Whitney, 

Worcester. 

26, 

Ettie  Lees  Dole,       .... 

Dorothy  Lees  Dole, 

Winchendon. 

26, 

Eben  Pierce,    . 

Eben  F.  Pierce 

Leominster. 

Mar. 

15, 

Nellie  Gannon,* 

Nellie  Hannigan,     .... 

Milford. 

April 

2, 

Joseph  King,* . 

George  Thomas 

Uxbridge. 

5, 

Grace  C.  Lynch,*    . 

Grace  Helen  Aneier, 

Southborough. 

May 

14, 

Gabriel  Jacobs,* 

Ralph  Bertrand  Kendall, 

Winchendon. 

21, 

Clinton  Davis, . 

George  Clinton  Davis,    . 

Worcester. 

21. 

Ella  L.  (barter. 

Ella  L.  Richardson, 

Dana. 

28. 

Jennie  Irene  Moore,* 

Jennie  Lewella  Young,  . 

Worcester. 

28, 

Sarah  C   Babbitt,*  . 

Sadie  Estelle  Tenney,     . 

Gardner. 

June 

18, 

Mamie  Finn,*  . 

Oracle  A.  Fairbanks, 

Milford. 

18, 

Jennie  Alice  Sage,* 

Genevieve  Alice  Heynolds,     . 

Southbridge. 

July 

5, 

May  Jordan,*  . 

Jessie  May  Brodgen, 

Leominster. 

Aug. 

13, 

Louis  Hebert,* 

Napoleon  Louis  Morin,  . 

Worcester. 

20, 

Gertrude  Adeline  Barrows,* 

Gertrude  Adeline  Shaw, 

Athol. 

8ept. 

»  3, 

Arthur  Nye  McClintock,* 

John  Ldwin  Barlow, 

Hard  wick. 

3, 

Essie  M.  Decker,*  .... 

Essie  May  Thurher, 

AVorcesler. 

3, 

Grace  Isabelle  Cooper,* 

Grace  Isabelle  Harris,    . 

Worcester. 

10, 

Harriet  Louise  Landers  Jefferds,  . 

Minnie  Harriette  Jefferds, 

Milford. 

17, 

Jennie  Perham,*      .... 

Jennie  Alire  Howard,     . 

Milford. 

1", 

Thomas  Edward  Coley,* 

Thomas  Edward  Jenkins, 

Worcester. 

Oct. 

15. 

Eliza  Aleda  Richards,"*  . 

Ruth  Estelle  Washburn, 

Winchendon. 

15, 

William  Augustus  Russell  Pearson, 

William  Augustus  Russell,    . 

Worcester. 

18, 

William  Edward  Ellingham,* 

Robert  Wallace  Scott,     . 

Worcester. 

22, 

Ethel  Venova  Gates,*     . 

Ethel  Venova  McMullen, 

Fitchburg. 

Nov. 

6, 

Fanny  Elizabeth  Johnson,*    . 

Edna  Colleen  Oliver, 

Athol. 

19, 

Alice  Paine,* 

Nina  Gertrude  Putney,  . 

Worcester. 

19, 

Cora  Adella  Davis, 

Hattie  May  Waterman,  . 

Athol. 

26, 

Walter  E.  Avery 

Walter  E.  Green 

Leominster. 

HAMPSHIRE  COUNTY. 


Jan. 

1, 

Feb. 

5, 

12, 

March  5,  | 

April 

2, 

June 

4, 

-Aug. 

6, 

Nov. 

6, 

George  Andrew  Clink,* 
Clifford  McManus,* 
Lora  Ellery,*   .         .        .         . 
Lillie  L.  Riley,*       . 
Valma  Louise  Roberts,* 
Frances  Clementina  Nahmer, 

Fox,*      .        .        .        . 

William  Henry  Baker,* . 


George  Andrew  King,    . 
William  Robinson  Pillsbury 
Lilly  Paternande,    . 
Lillie  L.  Adams, 
Lizzie  Louise  Pynchon, 
Clementina  Dawes  Nahmer, 
Lincoln  Allen  Stewart,  . 
William  Henry  Hamilton, 


Eastharapton. 

Northampton. 

Ware. 

South  Hadley. 

South  Hadley. 

Cummington. 

Worihington. 

South  Hadley. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


621 


HAMPDEN  COUNTY. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


Philip  Newton,*       .        .        .        . 

Bessie  Maud,* 

Minnie  Sherman,*  .        .        .        . 
Frieda  Clara  Hetwig  Baerneck,*  . 
Edna  Price,*     .         .         .         .         . 
Annie  Rickey,*        .        .        .        . 
Albi-rt  Arthur  Crocker,* 
Frederick  Miller,*  .        .        .        . 
Marion  Belle  Parks,* 
Edith  Olive  Morgan,*     . 
Richard  Beach  Morgan,* 
Alice  Louisa  Arras,* 
Laura  E.  Miller,*    .        .        .        . 
Marianne  Allhea  Hawes,* 
Clara  Elizabeth  Wheeler,*     . 
Florence  Belle  Wheeler,* 
Clara  BriBtol,* 


Chas.  Stafford  Myron  Blake 
Bessie  Maud  Fuller, 
Minnie  May  Butler, 
Winnifred  Elizabeth  Poskey 
Edna  Nellie  Drown, 
Annie  O'Callahan,  . 
Albert  Arthur  Green,     . 
Frederick  Miller  Simons, 
Marion  Belle  Bray, 
Edith  Olive  Rising, 
Richard  Beach  Rising,    . 
Alice  Louisa  Tice,  . 
Grace  P^lizabeth  Bullard, 
Eldora  Annie  Winter,    . 
Clara  Elizabeth  Doherty, 
Florence  Belle  Remington, 
Mildred  Estelle  Jencks, 


Margaret  Recor,*     . 

Joseph  Recor,* 

Hilie  May  Miller  Carter, 

Katherine  B.  Davids,* 

Anna  Hester,*. 

Eva  La  Rue,*  . 

Frank  -loel  Jones,*. 

Edmund  Williams,* 

Millie  Aline  Crandell,* 

Stella  May  Kent,*    . 

Mary  Ludwig,* 

Hattie  L.  Strang,     . 

Walter  E.  Duxbury,* 

Gertrude  M.  Pratt,* 

Frank  L.  Pratt,*      . 

Lillie  May  Hurd,*  . 

Nellie  Collins,* 

William  Frederic  Rackemann, 

Mary  Prairie,* 


Margaret  Lynch, 
Joseph  Lynch, 
Frances  Mary  Carter, 
Katherine  Burr  Burlingame 
Anna  Shepard, 
Eva  Gaudett^, 
Frank  John  Lowman, 
Joseph  Eben  Cox,   . 
Aline  Millie  Howes, 
Stella  May  Walker, 
Mary  Wehner, 
Hattie  L.  Langdon, 
Walter  Everett  Scott, 
Parraelia  De^^ary,  . 
Charles  DeMary,     . 
Lillian  May  Jewett, 
Mary  Maud  Griffin, 
W^ilfred  Rackemann, 
Mary  Yarter,    , 


Westfield. 

Ludlow. 

Springfield. 

Springfield. 

Springfield. 

Chicopee. 

Springfield. 

Wilbraham. 

Springfield. 

Springfield. 

Springfield. 

Holyoke. 

Springfield. 

Springfield. 

Monson. 

Palmer. 

West  Springfield. 


FRANKLIN  COUNTY. 

Jan. 
May 

1, 

7, 

Mary  E.  O'Brien,*  .... 
Walter  H.  Woods,* 

MaryE.Keyes,        .... 
Walter  W.  Beaman, 

Springfield. 
Leverett. 

BERKSHIRE   COUNTY. 

Pittsfleld. 

Pittsfield. 

Otis. 

Adams. 

Sandisfield. 

North  Adams. 

North  Adams. 

North  Adams. 

North  Adams. 

North  Adams. 

Adams. 

Great  Barrington. 

Williamstown. 

Pittsfield. 

Pittsfield. 

North  Adama. 

North  Adams. 

Lenox. 

North  Adams. 


NORFOLK  COUNTY. 


Charles  Frederic  Jenks, 


Everett  Carson,* 
Bella  Weld,*    .        .        .        . 
Austin  St.  (^'lair  Matthews,*  . 
Georgiana  Perry,*  . 


Charles  Fitch  Jenks, 


Everett  Frederick  Reynolds, 
Bella  Celia  Porter,  . 
Lawrence  Earle  Braddon, 
Gertrude  Georgianna  Drake, 


Canton. 


Boston. 
Stouehton. 
Hyde  Park. 
Sloughton. 


*  Changed  by  reason  of  adoption. 


622 


Change  of  Names. 


NORFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1S89. 

Mar.    20, 
20, 

May      8, 
15, 
15, 

June     5, 
5, 
12, 
19, 

Sept.    4, 

Oct.    16, 
16, 
23, 

Nov.   20, 
27, 

* 

Nellie  Elizabeth  McCarty,*    . 
Lillian  May  Day,*  . 
Frederick  Augustus  Ely, 
Helen  Holmes,* 
Charles  Mc.Veil,*     . 
Abbie  Theodate  Raymond,    . 
Josephene  Hunter,* 
Ann  Griffiths,* 
Joseph  Wallace,*    . 
Raymond  Webster  Guild,*    . 
Mary  Conway,* 
Anita  Warren,* 
George  Alton  Besse,*     . 
Frank  Seaver  Kelton, 
Jennie  Hlggins,* 

Nellie  Elizabeth  Murphy, 
Lillian  May  Duniells, 
Frederick  David  Ely,      . 
Marjory  Matthewson, 
Charlen  Thomas  Porter, 
Abiiie  Theodate  Fuller,  . 
Josephene  Hafr''rmill,     . 
Ann  Griffiths  Williams, 
Joseph  Ambrose  Maginnis,    . 
Raymond  Webster  Proctor,  . 
Marion  Hslelle  Churchill, 
Gladys  Atwood  Do-ake,  . 
Alton  George  Michaels,. 
Frank  Seaver  Harding,  . 
Jennie  Catherine  Walters,     . 

Cambridge. 

Dedham. 

Dedham. 

Wrentham. 

Quincy. 

Qiiincy. 

Norwood. 

(Quincy. 

Med  way. 

Franklin. 

Stoughton. 

Stoughton. 

Milton. 

Millis. 

Quiucy. 

PLYMOUTH  COUNTY. 

Jan. 

April 

May 

July 
Sept. 

Nov. 
Dec. 

14. 

8, 

13, 

27, 

8, 

9, 

23, 

11, 

23, 

Bertha  Florence  King  Atwoo 
lioderick  Hall, 
Mary  Graham, 
Frank  Weatherhead, 
H>nry  Herbert  Gonsalus, 
(No  name  given),    . 
Edward  B.  Mclnneas,     . 
(No  name  given),    . 
Clarissa  Arnold, 

d,     . 

Bertha  Atwood  Wells,    . 
Roderick  Douglass  Hall, 
Mabel  Frances  EwoU,     . 
Myron  Henry  Penniman, 
Henry  Herbert  Vaughan, 
Florence  Maude  Marble, 
Sylvanus  E.  Ross,    . 
Mary  Annie  Magoun, 
Alice  Mildred  Fuller,      . 

Plymouth. 

Bridgewater. 

Marshtield. 

Middleborough. 

Carver. 

Brockton. 

Roche8te>r. 

Marshtield. 

Brockton. 

" 

BRISTOL   COUNTY. 

Jan. 
Feb. 

April 
May 

July 
Oct. 

Nov. 

4, 
1, 
1, 
5, 
3, 
3, 
3, 
3, 
3, 
3, 

17, 
5, 
4, 
1, 
1, 

15, 

Etta  May  Parlow,*  . 
Norbert  Vincent,*  . 
Samuel  Koneche,     . 
Marie  D.  Gannon,*  . 
Grace  Evelyn  Perry,*     . 
Emma  Ijttlefteld,*  . 
John  CrSg,*    . 
Henry  Augustus  Chute,* 
William  Henry  McCormack, 
Mary  Jenette  Folger,*    . 
Henry  Marklevitch, 
Mary  Hogan,    . 
Emma  Pollard,* 
Annie  J.  Sullivan,*. 
Elsie  Gertrude  Dahl,*    . 
Lillie  Edith  Aatle,* 

Etta  May  Braley,     . 
Norbert  Robillard,  . 
Samuel  Koneche  Grover, 
Marie  D.  Payson,    . 
Grace  Evelyn  Weiraan,  . 
Lucy  Emma  Williams,  . 
John  Craig  Gardner, 
Henry  Augustus  Taber, 
John  William  Brown,     . 
Mary  Jenette  Rogers, 
Henry  Leavitt, 
Mary  Sutcliffe, 
Gertrude  May  Royal,      . 
Marie  Annette  Parsons, 
Elsie  Gertrude  Whit  worth, 
Edith  Orion,    . 

Taunton. 

Fall  River. 

North  Attleboro*. 

Norton. 

North  Attleboro'. 

Taunton. 

Swansea. 

North  Attleboro'. 

Fall  River. 

Taunton. 

Fall  River. 

Fall  River. 

Fall  River. 

New  Bedford. 

New  Bedford. 

Fall  River. 

BARNSTABLE  COUNTY. 

June 

18, 

Ethel  May  Pierce 

Ethel  May  Baker Yarmouth. 

NANTUCKET  COUNTY. 

April  11, 

Harrison  Gardner,  . 

Harrison  6.  Gardner,     . 

Nantucket. 

*  Changed  by  reason  of  adoption. 


THE 


CIYIL  GOVERNMENT 


Qjammonuimlth  of  ^ussarlniHdtfj, 

AND  OFFICERS   IMMEDIATELY  CONNECTED   THEREWITH 
FOR  THE   POLITICAL  YEAR 

1890. 


EXECUTIVE    DEPARTMENT. 


HIS   F.XCELLENCT 

JOHN   Q.    A.    BRACKETT, 

GOVERXOR. 

Samdel  J.  Menard Private  Secretary. 

Edward  F.  Hamlix, Executive  Clerk. 


HIS   HONOR 

WILLIAM   H.    HAILE, 

Lieutexant-Goverxor. 


COUNCIL— (Br  Districts). 
I.  — ISAAC  N.  KEITH 
II.— ARTHUR  W.  TUFTS 
III.  — ROBERT  O.  FULLER 
lY.  — EDWARD  J.  FLYNN 
Y.  — AUGUSTUS  MUDGE 
YL  — BYRON  TRUELL 
VII.  —  WILLIAM  ABBOTT 
YIIL  — ASHLEY  B.  WRIGHT 


Bourne. 
Boston. 
Cambridge. 
Boston. 
Dan  vers. 
Lawrence. 
Douglas. 
North  Adams. 


HENEY   B.    PEIRCE, 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  1st  Deputy.  George  G.  Spear,  2d  Deputy. 

GEORGE     A.     INIARDEN, 

Tre.\8URer  and  Receiver-General. 

JoHX  Q.  Adams,  1st  Clerk.  George  S.  Hall,  2d  Clerk. 

Joshua  Phippex,  Cashier. 

CHARLES  R.  LADD, 

Auditor  of  Accounts. 
William  D.  Hawley,  1st  Clerk.  James  Pope,  2d  Clerk. 

ANDREW  J.   WATERMAN, 

Attorney-General. 
Hexry  C.  Bliss         .        .        .    Assistant  Attorney-General. 
Henry  'A.  Wymax     .        .        .    Secoiid  Assistant  Mtorncxj-Oeneral. 


LEGISLATIVE  DEPARTMENT. 


GENERAL    COUET. 

Arranged  in  Accordance  with  the  District  Revision  of  188G 


SE]^r  ATE. 


President  — HENRY  H.    SPRAGUE. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk,     . 

Benjamin  F.  Cami^bell, 

Boston. 

Second    " 

George  H.  Gammans, 

Boston. 

Third       " 

Edward  J.  Donovan, 

Boston. 

Fourth     " 

James  Donovan, 

Boston. 

Fifth 

Henry  H.  Sprague,    . 

Boston. 

Sixth 

Michael  J.  Creed, 

Boston. 

Seventh  " 

Charles  Carleton  Cotfin,    , 

Boston. 

Eighth     " 

William  H.  Carberry, 

Boston. 

Ninth       " 

William  H.  Goodwin, 

Boston. 

First  Essex, 

Arthur  B.  Breed, 

Lynn. 

Second    " 

Simeon  Dodge,  . 

jNIarblehead. 

Third       " 

Aai'on  Low, 

Essex. 

Fourth     " 

Aldeu  P.  Jaques, 

HaverhilL 

Fifth 

George  D.  Hart, 

Lynn. 

Sixth 

Josejjh  M.  Bradley, 

Andover. ' 

First  Middlesex, 

James  F.  Dwinell, 

Winchester. 

Second        " 

Henry  J.  Hosmer, 

Concord. 

Third 

Freeman  Hunt, . 

Cambridge. 

Senate. 


627 


Name  of  Senator. 


Kesidence. 


Fourth  Middlesex, 

Fifth 

Sixth 

Seventh       " 

First  Worcester, 

Second         " 

Third 

Fourth         " 

Worcester  and  Hamp 
shire, 

First  Hampden, 

Second      " 

Franklin,  . 

Berkshire, 

Berkshire  and  Ilamp 
shire. 

First  Norfolk,   . 

Second     - 

First  Plymouth, 

Second      " 

First  Bi'istol, 

Second    " 

Third      " 

Cape, 


William  X.  Davenport, 
Moses  P.  Palmer, 
Alonzo  H.  Evans, 
Edward  M.  Tueke, 
Henrj'  L.  Pai'ker, 
Lucius  Field, 
Charles  Haggerty, 
Alfred  S.  Piukerton, 

Charles  E.  Stevens, 
Edwin  D.  Metcalf, 
Oscar  Ely, , 
Edwin  Baker,    . 
Oliver  W.  Bobbins, 

Alfred  S.  Fassett, 
Willard  F.  Gleason, 
George  Makepeace  Towle 
Hiram  A.  Oakman, 
James  H.  Harlow, 
CvTus  Savage,   . 
Robert  Howard, 
Thomas  W.  Cook, 
]  David  Fisk, 


Mai'lborough. 

Groton. 

Everett. 

Lowell. 

Worcester. 

Clinton. 

Southbridge. 

Worcester. 

Ware. 

Springfield. 

Holyoke. 

Shelburne. 

Pittsfield. 

Gt.  Barrington. 

Holbrook. 

Brookline. 

Marshfield. 

Middleborough. 

Taunton. 

Fall  River. 

New  Bedford. 

Dennis. 


HENRY  D.  COOLTDGE, 
EDMUND  DOWSE,   . 
JOHN  G.  B.  ADAMS,  . 


Clerk. 

Chaplain. 

Sergeant-at'Anns. 


(328 


House  of  Representative?. 


HOUSE   OF   REPRESENTATIVES. 


^ijeaA-er  — WILLIAM   E.    BARRETT. 


COUNTY   OF   SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


1st, 

2ci, 

3d, 

4th, 

5tli, 

0th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 

14th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  Ward  9, 
Boston,  Ward  10, 
Boston,  Ward  11, 
Boston,  Ward  12, 
Boston,  Ward  13, 
Boston,  Ward  14, 


Frederick  B.  Day,     . 
Joseph  B.  Maccabe, . 

Patrick  J.  Kennedy, 
Thomas  O.McEnaney 

J.  Homer  Edarerly,  . 
Miohctel  J.  Mitchell, 

Winfield  F.  Prime,  . 
Ira  A.  Worth,  . 

Edward  W.  Presho, . 

George  N.  Swallow, 

John  F.  Gille.spie,    . 
Richard  JNl.  Barry,    . 

Patrick  Cannon, 
Daniel  McLaughlin, 

John  H  Sullivan,     . 
Joseph  P.  Lomasney, 

Frank  Morison, 
Andrew  B  Lattimore, 

Nathaniel  W.  Ladd, . 
Edward  Sullivan,     . 

George  P.  Sanger,  Jr., 
Frank  E.  Winslow,  . 

James  B.  Hayes, 
James  J.  Burke, 

Michael  J.  Moore,    . 
Jei-e'h  J.McNamara, 

Robert  F.  Means, 
Geoi-ge  H.  Bond, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Kepkesentatives. 

COUNTY  OF   SUFFOLK  —  Concluded. 


G29 


loth, 
16th, 

17tli, 

18th, 

19th, 

20th, 

21st, 
23d, 
23d, 

21th, 
25th, 
26th, 

27th, 


Town  or  Ward. 


Name  of  Representative. 


1st, 


2d, 


Boston,  Ward  15,  ) 

Boston,  Ward  16,  j 

Boston,  Ward  17,  < 

Boston,  Ward  18,  j 

Boston,  Ward  19,  J 

Boston,  Ward  20,  j 

Boston,  Ward  21,  J 

Boston,  Ward  22,  . 

Boston,  AVard  23,  j 

Boston,  Ward  21,  \ 

Boston,  Ward  25, 

Chelsea,  Wards  1,2,3,  J 

(  Chelsea,  Ward  4, 
)  Revere,    . 
(^Winthrop, 


William  S.  McNary, 
John  B.  L3'nch, 

Jeremiah  Desmond, 
Everett  Allen  Davis, 

Robert  H.  Bowman, 
Alpheus  Sanford,     . 

John  Albree,     . 
Augustus  G.  Perkins, 

Willis  R.  Russ, 
Lewis  G.  Grossman, 

MichaelJ.  MeEttrick 
John  H.  McDonough 

Henry  S.  Dewey, 
Francis  W.  Kittredge 

John  E.  Heslan, 

Pelatiah  R.  Tripp,    . 
William  G.  Baker,   . 

Henry  P.  Oakman,  . 
Thomas  W.Bicknell, 

James  W  Harvey,    . 

Franklin  O.  Barnes, 
David  E.  Gould, 

Willard  Howland, 
Warren  Feuno, 


Residence. 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea. 
Chelsea. 

Chelsea. 
Revere. 


COUNTY   OF  ESSEX. 


( Salisbury,         .  .  "1 

J  Araesbury,       .  .  I 

j  Merrimac,        .  .  | 

^^  West  Newbur}^  .  j 


Haverhill,  Wards  1, 
2,  4,  6,  . 


:( 


Herbert  O.  Delano, 
H.  G  Leslie,     . 


Merrimac. 
Amesbui'y. 


Henry  H.  Johnson,  .     Haverhill. 
J.  Otis  Wardwell,    .  j  Haverhill. 


630 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Continued. 


3cl, 

4tli, 
5th, 
6th, 

7th, 
8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
16th, 

17th, 


Town  or  Ward. 


f  Haverhill,  Wards  3,  "I 
)      5,.         .         . 
j  Methuen, 
I,  Bradford, 

5  Lawrence,  Wards  1 
^      2, 3,      . 

^  Lawrence,  Wards  4 
^      5, 6,      . 

^  Andovei', 

(  North  Andover, 

fGroveland, 
I  Georgetown,    . 
'  Boxford, 


l^Topsfield, 

Newbnryp't,  Wards 

1,  2,  3',  4,  5,  6, 
Newbury, 

f  Rowley,  . 
!  Ijiswich,  . 
j  Hamilton, 
l^Wenhani, 

f  Gloucester,    Wards 
'      1,3,4,5,6,7,8, 
j  Essex, 
(^Manchester,     . 

^  Gloucester,  Ward  2 
\  Rockport, 

Beverly,  , 

Salem,  Wards  1,2, 

Salem,  Wards  3, 5, 

Salem,  Wards  4, 6, 

Marblehead,    . 

^  Swampscott,    . 
I  Lynn,  Wards  2,  8, 


Name  of  Representative. 


William  R.  Roweli, 
Martin  L.  Stover, 


John  O'Brien,  . 
John  F.  Howard, 

Richard  A.  Carter, 
John  H.  Hulford, 

Charles  Greene, 


John  Parkhurst, 


Arthur  C.  Richardson 
Luther  Dame,  . 


Frank  T.  Goodhue,  . 


Edgar  S.  Taft,  . 
Epes  Davis, 
Isaac  N.  Story, 


James  S.  Wallace,   . 

William  D.  Sohier,  . 

Benjamin  P.Pickering 

William  E.  Meade,  . 

William  H  .Stearns, 

Benjamin  Daj-, 

John  J.  Salter, 
Edwin  A.  Tibbetts,  . 


Methnen. 
Haverhill. 


Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 

Andover. 


Boxford. 


New  bury  port. 
Newbury. 


Ipswich. 


Gloucester. 
Gloucester. 
Gloucester. 


Rockport. 

Beverly 

Salem. 

Salera. 

Salem. 

Marblehead. 

Lynn. 
Lynn. 


House  of  Representatives. 

COUNTY  OF  ESSEX— Concluded. 


631 


Town  or  Ward. 


1  o^-i       S  Lvnn,  Ward  4, 
^^^'''    i  ^^ihant,    . 

lOfi       S  Lvmi,  Wards  1,  5, 
^^"^'     i  Lynnfield, 

•''Otl       ^  Lynn,  Wavtls  6,  7, 
'     '  Saugus,    . 

Peabody, . 

Dan  vers, . 
i\Iiddleton, 


Same  of  Kepresentative. 


Charles  H.  Baker,  . 
Elihu  B.  Hayes, 

John  jNIacfarlane,    . 
Rufus  Kimball, 

Langdon  H.  Holder, 
Alouzo  Penney, 

Stephen  S.  Littlefield 
Robert  K.  Sears, 


Lynn. 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Peabody. 
Danvers. 


COUNTY   OF   MIDDLESEX. 


Cambridge,   Wards 
1,5,      . 

Cambridge,  Ward  2 

Cambridge,  Ward  3 

Cambridge,  Ward  i 

Somerville,  Ward  1 

Somerville,  Ward  2 

I  Somerville,    Wards 

:    3, 4,    . 

Medford, 

I  Maiden,  Wards  1,  2 

I      3,4,5,6,       . 

Everett,  . 
Melrose,  . 
Stoneham, 
Wakefield,       . 


Otis  S   Brown, 
William  B.  Durant, 

Horace  E.  Clayton, 
Andrew  J.  Rady,     . 

John  W.  Coveney,  .. 

Frank  W.  Dallinger, 
Chas.  W.  Henderson, 

Joshua  H.  Davis,     . 

Francis  H.  Raymond, 

Frederick  j\I.  Kilmer, 

J.  Henry  Norcross, 

Henry  E.  Turner,  Jr., 
Thomas  E.  Barker, 

John  S.  Cate,  . 

William  E.  "Barrett 

Myron  J.  Ferren, 

Wm.  S.  Greenough 


Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 

Cambridge. 

Cambridge. 
Cambridge. 

Somerville. 

Somerville. 

Somerville. 

Medford. 

Maiden. 
Maiden. 

Everett. 

Melrose. 

Stoneham. 

Wakefield. 


632 


House  of  Repeesentatives. 

COUNTY  OF  MIDDLESEX  —  Continued. 


14th, 
15th, 
16th, 
17th, 

18th, 

19th, 

20th, 

21st, 
22d, 
23cl, 

24th, 

25tli, 
26th, 
27th, 

28th, 


Town  or  Ward. 


Woburn, . 
Reading, . 

Ai'lington, 
Winchester, 

Watertovvn, 
Belmont,. 


5  Newton,   Wai'ds    1 

I      2,  3,  4,  5,  6,  7, 

CWaltham,  Wards  1 
<.      2,  3,  4,  5,  6,  7, 
Q  Weston,  . 

f  Lexington, 
I  Lincoln,  . 
<J  Concord, . 
I  Bedford,  . 
(^Burlington, 

f  Chelmsford,  . 
I  Billerica, 

Tewksbnry,     . 

Wilmington,  . 
(^  North  Reading, 

Lowell,  W^ai'd  1, 

Lowell,  Ward  2, 

Lowell,  AVard  3, 

r  Lowell,  Wards  4,5 

<  Dracnt,    . 

Q  Ty  ugsboroiigh, 

Lowell,  Ward  6, 

Natick,     . 

^  Hopkinton, 
(  Ashland,  . 

fllolliston, 
J  Sherborn, 
I  Framingham, 
l^  Wayland, 


Name  of  Kepresentative. 


*David  F.  Moreland, 
Charlie  A.  Jones,    . 

AVilliamH.H.Tuttle. 


J.  Henry  Fletcher,  . 

C4orham  D  Oilman, 
Frederick  J.  Ranlett, 


Henry  S.  Milton,     , 
Charles  Moore, 


Charles  S.Wheeler, 


Charles  AV.  Flint,    . 

Michael  J.  Garvey 

Daniel  H.  Varnum 

Owen  M.  Donohoe 

Charles  E  Carter, 
Charles  H.  Hanson 
Thomas  H.  Connell 

Richard  B.  Allen, 

Frank  B.  Tilton, 

Alonzo  Cobmm, 


James  L.  Brophy, 
Charles  H.  Boodey 


Woburn. 
Woburn. 

Arlington. 

Belmont. 

Newton. 
Newton. 

Waltham. 
Waltham. 


Lincoln. 


Chelmsford. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Dracut, 

Lowell. 

Natick. 
Hopkinton. 

Framingham. 
AVayland. 


*  Elected  February  11;  qualified 
Woburn,  deceased  January  3. 


February  26,  in  place  of  Jobn  S.  True  of 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX— Concluded. 


G33 


29th, 


30th, 


31st, 


32d, 


Town  or  Ward. 


^  Marlborouo-h, 
<  Hudson,  . 
(^  Sudbury, . 

f Alavnard, 
I  Stow, 

J  Boxboi'ough, 
I  Littleton, 
I  Acton, 
(^Carlisle,  . 

f  Westford, 


]  Groton, 


Pei^perell, 


i^  Dunstable, 

(  Ayer, 
j  Shirley,    . 
]  Townsend, 
(^  Ashby,     . 


Name  of  Representative. 


Francis  C.  Curtis,     . 
Hermon  C.  Tower,  . 


Aaron  C.  HandleV; 


James  M.  Swallow, . 


Charles  F.Worcester, 


Marlborough. 
Hudson. 


Acton. 


Dunstable, 


Townsend. 


COUNTY   OF  WORCESTER. 


1st, 


2d, 


3d, 


4th, 


oth, 


rAthol,  . 
<  Rovalston, 
(Phillipston, 

f  Gardner, . 
J  Winchendon, 


Templeton, 


l^  Ashburnham, 

■(  Barre, 
Dana, 
"I  Petersham, 
I  Hardwiek, 
'^^  Rutland,  . 

f  Westminster, 
Hubbardston, 
Princeton, 
Holden,   . 

^  Paxton,    . 

(  Brookfield, 

North  Brookfield, 

West  Brookfield, 
■{  New  Braintree, 

Oakham, . 

Sturbridge, 
l^  Warren,  . 


C.  Waldo  Bates, 


Morton  E.  Converse, 
George  Kendall, 


Walter  A.  Wheeler, 


Moses  C.  Goodnow, 


George  K.  Tufts, 
Jesse  Allen, 


Phillip.ston 


AVinchendon. 
Gardner. 


Rutland. 


Princeton. 


New  Braintree. 
Oakham. 


634 


House  of  Representatives. 

COUNTY  OF   WORCESTER  —  Continued. 


6tli, 
7th, 

8th, 

9th, 

10th, 

11th, 
12th, 


13th, 


14th, 

15th, 

16th, 
17th, 


Town  or  Ward. 


Spencer,  . 
Leicester, 

Charlton, 
])udley,  . 
Southbridge, 

Webster, . 
Oxford,  . 
Auburn,  . 

C  Douglas, . 
^  Millbmy, 
(^Sutton,     . 

^  Uxbridge, 
<  Northbridge, 
(^  Upton, 

f  Blackstone, 
J  Mendon,  . 
]  IVIilford,  . 
l^  Hopedale, 

f  Westborough,. 
I  Northborough, 
J  Southborough, 
]  Berlin,     . 
I  Shrewsbury, 
(Grafton,  . 

f  Boj-lston, 
I  Bolton,  . 
I  West  Bojlston 
■{  Clinton,  . 
I  Harvard,. 
I  Lancaster, 
l^  Sterling, . 

^  Leominster, 
;  Lunenljurg, 


Fitchburg,  Wards  1, 
2,  3,  4,  5,  6,  . 

Woi'cester,  AYard  1, 

Worcester,  Ward  2, 


Name  of  Representative. 


Louis  E.  p.  Moreau, 


Lewis  C.  Prindle, 


Richard  H.  Warren, , 


Nathan  H.  Sears, 


James  M.  Farnum,  . 


George  P.  Cooke, 
James  Quigley, 


John  W.  Fairbanks, 
Lyman  Morse, . 


Stanley  B.Hildreth,. 
Wellington  E. 

Parkhurst, 


Henry  Cook,     . 

John  W.  Kimball,   .. 
Michael  J.  Murray,  . 

Henry  C.  Wheaton, . 

William  H.  Rice, 


Spencer. 


Charlton. 


Auburn. 


Millbmy. 


Uxbridge. 


Milford. 
Mendon. 


Westboi'ough. 
Berlin. 


Harvard. 

Clinton. 

Leominster. 

Fitchburg. 
F^itchburg. 

Worcester. 

Worcester. 


House  of  Representatives. 

COUNTY  OF  WORCESTER  — Concluded. 


635 


District. 

Town  or  Ward. 

Xarae  of  Representative. 

Residence. 

ISth, 

Worcester,  Ward  3, 

Eugene  M.  Moriarty, 

Worcester. 

19th, 

Worcester,  Ward  4, 

Peter  A.  Conlin, 

.Worcester. 

20th, 

Worcester,  Ward  5, 

Patrick  J.  Quinn,      . 

Worcester. 

21st, 

Worcester,  Ward  6, 

Franklin  B.  White,  . 

Worcester. 

22d, 

Worcester,  Ward  7, 

William  B.  Sprout,  . 

Worcester. 

23d, 

Worcester,  Ward  8, 

Edward  B.  Glasgow, 

Worcester. 

COUNTY   OF   HAMPSHIRE. 


f  Northampton,  Wds  ") 
!      1,  2,  3,  4,  5,  6,  7,     ' 
j  Easthampton, 
l^  Southampton, 

f  Chesterfield, 

Cummington, 

Goshen,    . 
,  Huntington, 
"l  Middlefield, 

Plainfield, 
I  Westhampton 
l^  Worthington, 


f  Hattield,  . 
'  Hadley,    . 
j  South  Hadley, 
1^  Williamsburg, 

^Amherst, 
■?  Belchertown, 
(^Granby,  . 

f  Enfield,   . 

Greenwich, 
\  Pelham,  . 
I  Prescott,  . 
I  Ware,      . 


*Charles  W.  Smith, 
Henry  A,  Kimball, 


)■   Talcott  Bancroft, 


Roswell  Billincfs, 


Chester  Kellogg, 


Lysander  Thurston, , 


Easthampton. 
Northampton. 


Chesterfield. 


Hatfield. 


G  ran  by- 


Enfield. 


Elected  April  1 ;  qualified  April  16,  in  place  of  Arthur  G.  Hill,  resigned  March  4, 


636 


House  of  Representatives. 

county  of  hampden. 


1st, 


2d, 


4th, 
5th, 
6th, 
7th, 
8th, 

9th, 
10th, 


Town  or  Ward. 


f  Chester,  . 

Bh\ndfoi*d, 

Tolland,  . 

Granville, 
I  Southwick, 
l^Agawam,         .        .j 

C  Montgomery,  .         .") 
!  Russell,    .         .  ' 

]  Westfield. 
l^  West  Springfield, 

^  Hol3-oke,  Wards   6, 


Holyoke,  Wards   1 
2,  3,  4,  5,       . 

Chicopee, 


:\ 


Springfield,   Wards 
1,  4,  «,  . 

Springfield,  W^ard  5, 


Springfield,   Wai-ds 
2,  3,  6,  7,       , 


:l 


Longmeadow, 

Hampden, 
<(  Wilbraham, 

Monson,  . 
(Wales,     .         ,         .) 

(  Ludlow,  .         .         .  "l 
'  Palmer,    .  ' 

"j  Bi-imfield, 
1^  Holland,  . 


Name  of  Representative. 


Dwight  H.  Hollister, 


Oren  B.  Parks, . 
Robei't  B.  Crane, 


John  Hiklreth, . 

William  P.  Buckley, 

George  D.  Eldredge, 

George  W.  Miller,    . 
Hiram  B.  Lane, 

John  McFethries,     . 

Herman  Buckholz,  . 
Charles  H.  Bennett, . 

Carlos  M.  Gage, 


Horace  H.  Sanders, . 


Southwick. 


Westfield. 
Westfield. 


Holyoke. 

Holyoke. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 
Springfield. 


Monson. 


Palmery 


COUNTY   OF   FRANKLIN. 


1st, 


^Greenfield, 
•?  Shelburne, 
QBernardston, 


Nahum  S.  Cutlei",     .     Greenfield. 


House  of  REniESEXTATivES. 

COUNTY  OF  FRANKLIN  —  Concluded. 


637 


District. 

Town  or  'Ward. 

N.ime  of  Representative. 

Residence. 

2d, 

f  Warwick,         .        .^ 
1  Orange,   .         .         .  | 
•{  New  Salem,     .        .  )■ 
Erviag,    . 
^  Shutesbury,     . 

Edward  A.  Goddard, 

Orange. 

3d, 

fNorthfield,       .        .] 
iGill,         •        ■         -. 
j  Montague,        .         .  ' 
1^  Wendell,          .        J 

William  W.  Hunt,  . 

Wendell. 

4th, 

'  Leverett, . 

Sunderland,     . 
<  Whately,          .         .  > 

Deerfield, 
l^  Conway,  . 

Alfred  F.  Field,       . 

Leverett. 

oth, 

(  Ashfield, .        .         .  ^ 

Buckland, 

Charlemont,    . 

Colrain,  . 
<[  Hawley,  .         .         .  J> 

Heath  ,*^     . 

Leyden,    . 

Rowe, 
l^  Monroe,  .         .        .) 

George  E.  Bemis,    . 

Charlemont. 

COUNTY 

OF  BERKSHIRE. 

1st, 

'NewAshford,          .^ 
Williamstown, 
■{  North  Adams,          .  } 
1  Florida,    . 
l^  Clarksburg,     . 

H.  Torrey  Cady,      . 
Henry  S.  Lyons, 

North  Adams. 
North  Adams. 

2d, 

^  Adams,    .        .        ."^ 
)  Cheshire,         ,         .  > 
C Savoy,      .        .        .) 

f  Hancock,          .        .  "1 

Lanesborough, 
j  Lenox,     . 

Andrew  J.  Bucklin, 

Adams. 

3d, 

j  Windsor,          .         .  1 
]  Peru,        .         .         .  f 

Hinsdale, 

Washington,    . 
[  Richmond,       .        .  j 

William  Mahanna,  . 

Lenox. 

638 


1st, 

2d, 
3d, 

4th, 
5th, 
6th, 

7th, 
8th, 


House  of  Representatives. 

COUNTY  OF  BERKSHIRE  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

4th, 

5  Pittsfield,         .         .  I 
\  J)alton,     .         .         .(, 

(  Stoekbrid  o^e,    .         .  ^ 

Ansel  E.Chamberlin, 
Peter  J.  McDonald, 

Dal  ton. 
Pittsfield. 

6th, 

Kee,          r       .         .[ 
(Becket,    .        .        .) 

(  West  Stockbridge,  .  ^ 

Sidney  H. 

Cheesemau, 

Becket. 

6th, 

1  Alford,     .        .        .1 
1  Egremont,       .        .  ; 
l^  Great  Barrington,     J 

( Monterey,        .        . ") 
Otis, 
Sandisfield, 

Emerson  G. 

Harrington, 

Egreraont. 

7th, 

{  New  Marlborough,    )■  1  Philo  Smith,    . 

Otis. 

Sheffield, 

Mt  Washington,     . 

I  Tyringhani,     .        .  j 

COUNTY  OF   NORFOLK. 


Dedham, . 
Norwood, 

Bi'ookline, 

Hyde  Park, 

Milton,     . 


^Mi 
iCa 


nton. 


S  Quincy,    . 
)  Weymouth, 

^  Braintree, 
\  Hoi  brook, 

f  Randolph, 
Stoughton, 
Avon, 
Sharon,    . 

^  Walj^ole, 

f  Franklin, 
I  Foxborough, 
J  Wventham, 
I  Bellingham, 
Med  way, 
Norfolk,  . 


Geo.  Fred  Williams, 

Geo.  N.  Carpenter, . 
Wilbur  II.  Powers, 

Augustus 

Hemenway, 

Josiah  Quincy, 
Joseph  A.  Cushing, 
Louis  A.  Cook, 

Ansel  O.  Clark, 


Robert  S.  Gray, 
Henry  W.  Bi'itton, 


Daniel  S.  Woodman, 
.fames  D.  Lincoln,  . 


Dedham. 

Bi'ookline. 
Hyde  Park. 

Canton. 

Quincy. 

Weymouth. 

We^'mouth. 

Braintree. 


Walpole. 
Stouffhton. 


Medway. 
AYrentham. 


House  of  Repkesentatives. 

COUNTY  OF  NORFOLK  — Concluded, 


District. 

Town  or  Ward. 

Name  of  Representative. 

Kesidenco. 

9th, 

• 

'Needham,  .  ."1 
Dover,  .  .  .  | 
Medfield,  .  .  } 
Wellesley,       .        .  j 

^Millis,      .        .        .) 

Moses  C.  Adams,     . 

Millis, 

G39 


COUNTY  OF  PLYMOUTH. 


1st, 

Plj-mouth, 
fMarsbfield,      .         .^ 

Everett  F.  Sherman, 

Plymouth. 

2d, 

!  Plymptou,        .         ,  ' 
1  Kingston,         .        .  f 
i^  Duxbiiry,         .         .  J 

(  Scituate,  .        .        .  ^ 

Thomas  Alden, 

Duxbuiy. 

3d, 

j  Norwell, .         .         .  [ 
1  Hanson,  .         .         .  [ 
[  Pembroke,       .        .  j 

('  Cohasset,         ,        .  ^ 

Edwin  T.  Clark,      . 

Hanson. 

4th, 

)  Hingham,         .         .  > 

Lewis  P.  Lorins:, 

Hull, 

(Hulf,        .        .        .) 

5th, 

^  Rockland,        .        . } 
j  Hanover,          .        .  \ 

Charles  S.  Millet,    . 

Rockland. 

6th, 

^  Whitman,        .        .  ) 
I  Abington,        .        ,  ^ 

(  Mattapoisett,  .        . ") 
Marion,    .         .         .  j 

Benj.  F.Peterson,    . 

Whitman. 

7th, 

<{  Wareham,        .         .   ■ 

Rochester, 
1^  Carver,    . 

John  W.  Delano,     . 

INIarion. 

C^SIiddleboroiigh,       .") 

8th, 

)  Lakeville,        .         .  > 

Jared  F.  Alden, 

Middleborough 

(Halifax,  .         .         .) 

r"  Bridgewater,  .        .^ 

9th, 

)  East  Bridgewater,  .  > 

George  Mitchel 

(  West  Bridgewater, . ) 

Hooper, 

Bridgewater. 

10th, 

^  Brockton,  Wards  4,  > 
^      0,  6,      .        .        ,  ^ 

Edward  E.  Herrod, 

Brockton. 

11th, 

^  Brockton,  Wards  2, ) 

Hii-am  A.  Monk, 

Brockton. 

12th, 

^  Brockton,  Wards  1, } 

Harrison  0.  Thomas, 

Brockton. 

GJ:0 


House  of  Representatives, 
county  of  bristol. 


1st, 

2cl, 
3d, 

4th, 

5th, 
6th, 
7  th, 

8th, 

Dth, 

10th, 


Town  or  Ward. 


Name  of  Representative. 


•J 


f  Attleborough, .  .") 

!  N.  Attleborough,  .  I 

j  Norton,    .         .  .  I 
l^Seekonk,. 

Mansfiield, 
Easton,  . 
Raynham, 

Taunton,  Wards   1, 

2,  o,  4,  5,  6,  7,  8, 
Berkley,  , 


Fairhaven, 

Acuslinet, 

Freetown, 

New   Bedford, 
Wards  1,  2,  3, 

New   Bedford, 
Wards  4,  5,  6, 

Westport, 
Dartmouth, 

Fall    River,  Wards 
1,  2,  3,  4,  6,  . 


Fall    River,  Wards 
5,  7,  8,  9,      .        .  ^ 


f  Dighton,  . 
I  Somerset, 
I  Swanzev, 
I^Rehoboth, 


•1 


Stephen  Stanley, 
Horatio  Carpenter, 


Lorenzo  B.  Crockett. 


S.  Hopkins  Emeiy, 
Edward  Mott, . 
William  M  Hale,    . 


James  A.  Lewis, 


Haile  R.  Luther, 
David  B.  Kempton, 

George  F.  Tucker,  . 
William  M.  Butler, 

Albert  C.  Kirby, 

John  J.  McDonough 
John  Edwards, 
John  T.  Hurley, 

Walter  J  D.Bullock, 
Pardon  Macomber, . 


Alfred  W.  Paul, 


N.  Attleboro'. 
Seekonk. 


Easton. 


Taunton. 
Taunton. 
Taunton. 


Fairhaven. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Westport. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Dighton. 


COUNTY  OF  BARNSTABLE. 


1st, 


'  Falmouth, 

Bourne,    . 

Sandwich, 

Mashpee, 

I  Barnstable, 

I  Yarmouth, 

l^  Dennis,    . 


Nathan  Edson, 
George  E.  Clarke, 


Barnstable. 
Falmouth. 


House  of  Representatives. 

COUNTY  OF  BARNSTABLE  — Concluded. 


District.                    Town  or  Ward. 

Name  of  Representative. 

llesidcnce. 

2d, 
3d, 

f  Harwich,          .         ."l 
!  Chatham,         .         .  ; 
1  Brewster,         .         .  ( 
l^  Orleans,  .        .        . ) 

( Eastham,          .         .  "^ 
1  Wellfleet,         .         .  (^ 
i  Trtiro,      .         .         .  I 
(^Provincetown,          .) 

George  N.  IMansell, 
Richard  A.  Rich,     . 

Harwicli. 
Truro. 

COUNTY  OF  DUKES  COUNTY. 


1st, 


fChilmark, 
I  Cottage  City, 
!  Edgartown, 
I  Gaj'  Flead, 
I  Gosnold, . 
l^Tisbur}-,  . 


Cornelius    B. 

Marchant,     Edgartown. 


COUNTY   OF   NANTUCKET. 


1st,       Nantucket, 


Anthony  Smalley,  . 


Nantucket. 


641 


EDWARD  A.  ]\rcLAUGHLlN, Clerk. 

DANIEL  W.  WALDRON, Chaplain. 

JOHN  G.  B.  ADAMS, Sergeant-ai-Arms. 


642 


Judicial  Department. 


JUDICIAL    DEPARTMENT. 


SUPREME  JUDICIAL  COURT. 

CHIEF   JUSTICE. 

MARCUS   MORTON, of  Andover. 


ASSOCIATE   JUSTICES. 

WALBRIDGE   A.   FIELD,      .        .        .        .  of  Boston. 

CHARLES   DEVENS, of  Boston. 

WILLIAM   ALLEN of  Northampton. 

CHARLES   ALLEN, of  Boston. 

OLIVER  WENDELL  HOLMES,  Jr.,  .        .  of  Boston. 
MARCUS   P.   KNOWLTON,  .        .         .        .of  Springfield. 


SUPERIOR  COURT. 

CHIEF   JUSTICE. 

LINCOLN  F.   BRIGHAM,      .        .         .         .of  Salem. 


ASSOCIATE   JUSTICES. 

ROBERT   C.  PITMAN, of  Neivton. 

P.   EMORY  ALDRICH of  Worcester. 

HAMILTON  B.   STAPLES,    .        ...  of  Worcester. 

CALEB  BLODGETT, of  Boston. 

ALBERT  MASON of  Brookline. 

JAMES   M.  BARKER, of  Ptttsfield. 

CHARLES  P.   THO.MPSON,  .        .        .        .of  Gloucester. 

JOHN  W.   HAINIMOND,         .        ...  of  Cambridge. 

JUSTIN  DEWEY, of  Springfield. 

EDGAR  J.  SHERMAN, of  Laiorence. 

JOHN   LATHROP, of  Boston. 

JAMES   R.  DUNBAR, of  Brookline. 

ROBERT  R.   BISHOP, of  Newton. 


Judicial  Depaktment. 


643 


JUDGES  OF  PROBATE  AND  INSOLYENCY. 

JOHN  W.  :\IcKIM,  Boston,        ....  Suffolk. 

KOLLIN  E.  IIARIMON,  Lynn,  ....  Essex. 

GEORGE   M.  BROOKS,  Concord,      .        .        .  Middlesex. 

WILLIAM   T.  FORBES,  Westborough,     .        .  Worcester. 

WILLIAM   G.  BASSETT,  Northampton,  .        .  Hampshire. 

WILLIAM   S.  SHURTLEFF,  Springfield,         .  Hampdex. 

CHESTER   C.  CONANT,  Greenfield,        .        .  Fraxklin. 

JAMES   T.  ROBINSON,  North  Adaras,    .         .  Berkshire. 

GEORGE  WHITE,  Newton Norfolk. 

BENJAMIN  W.  HARRIS,  East  Bridgewater,  .  Plymouth. 

WILLIA:\r  E.  FULLER,  Taunton,     .        .        .  Bristol. 

HIRAM  P.  HARRIMAN,  Wellfleet,  .        .        .  Barxstable. 

JOSEPH  T   PEASE,  Edgartown,       .        .         .  Dukes. 

THADDEUS  C.  DEFRIEZ,  Nantucket,     .        .  Nantucket. 


KEGISTEES  OF  PEOBATE  AND  INSOLYENCY. 

ELIJAH  GEORGE,  Boston Suffolk. 

JEREMIAH  T.  MAHONEY,  Salem,          .  .  Essex. 

JOSEPH  H.  TYLER,  Winchester,     .         .  .  Middlesex. 

FREDERIC  W.  SOUTHWICK,  Worcester,  .  Worcester. 

HUBBARD  M.  ABBOTT,  Northampton,  .  .  Hampshire. 

SAMUEL  B.  SPOONER,  Springfield,        .  .  Hampden. 

FRANCIS  M.  THOMPSON,  Greenfield,    .  .  Franklin. 

EDWARD  T.  SLOCUM,  Pittsfield,    .        .  .  Berkshire. 

JONATHAN  COBB,  Dedham,   ....  Norfolk. 

JOHN  C.  SULLIVAN,  Middleborough,    .  .  Plymouth. 

JOHN  H.  GALLIGAN,  Taunton,       .        .  .  Bristol. 

FREEMAN  H.  LOTHROP,  Barnstable,    .  .  Barnstable. 

BERIAH  T.  HILLMAN,  Chilmark,  .        .  .  Dukes. 

BENJAMIN  F.  BROWN,  Nantucket,        .  .  Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER  STEVENS,  Boston,      . 
PATRICK  II.  COONEY,  Natick, 
WILLIAM  H.  ]\IOODY,  Haverhill,   . 
ALONZO  B.  WENTWORTH,  Dedham,    . 
HOSEA  M.  KNOWLTON,  New  Bedford, 
FRANCIS  A.  GASKILL,  Worcester, 
CHARLES  E.  HIBBARD,  Pittsfield, 
JOHN  A.  AIKEN,  Greenfield,   . 


Suffolk. 

Northern. 

Eastern. 

South-Easterx. 

Southern. 

Middle. 

Westerx. 

North-Western. 


644 


Judicial  Department. 


SHERIFFS. 

JOHN  B.  O'BRIEN,  Boston,       . 
HORATIO  G.  HERRICK,  Lawrence, 
HENRY  G.  GUSHING,  Lowell, 
SAMUEL  D.  NYE,  Worcester,  . 
JAIRUS  E.  CLARK,  Northampton,   . 
SIMON  BROOKS,  Springfield,    . 
GEORGE  A.  KIMBALL,  Greenfield, . 
JOHN  CROSBY,  Pittsfield, 
AUGUSTUS  B.  ENDICOTT,  Dedliam, 
ALPHEUS  K.  HARMON,  Plymouth, 
ANDREW  R.  AVRIGHT,  Taunton,     . 
JOSEPH  WHITCOMB,  Provincetown, 
JASON  L.  DEXTER,  Edgartown,      . 
JOSIAH  F.  BARRETT,  Nantucket,   . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin 

Berkshire. 

Norfolk, 

Plymouth. 

Bristol. 

Barnstable. 

Dukes, 

Nantucket. 


CLERKS  OF  COURTS. 

HENRY  A.  CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial  Court 

for  the  Commonwealth. 
JOHN  NOBLE,  Boston,  Supreme  Judicial  Court,      .     Suffolk. 
JOSEPH  A.  ^VTLLARD,  Boston,  Sup.  Ct.,  Civil  Bus.,  ) 
JOHN  P.  MANNING,  Boston,  Sup.  Ct,  Crim.  Bus.,  S  ^u*'''^^^^- 

DEAN  PE.VBODY,  Lynn, Essex. 

THEODORE  C.  HURD,  Cambridge,         .        .        .    Middlesex. 
THEODORE  S.  JOHNSON,  Worcester,     .        .        .     Worcester, 
WILLIAM  H.  CLAPP,  Northampton,        .        .        .     Hampshire. 
ROBERT  O.  MORRIS,  Springfield,    ....     Hampden. 
EDWARD  E.  LYMAN,  (ireenfield,    ....     Fr.\nklin. 

HENRY  W.  TAFT,  Pittsfield, Berkshire 

ERASTUS  WORTHINGTON,  Dedham,    .        .        .    Norfolk. 
EDWARD  E    HOBART,  Bridgewater,       .        .        .    Plymouth. 
SIMEON  BORDEN,  Fall  River,         ....     Bristol. 
SMITH  K.  HOPKINS,  Barnstable,     ....     BaknstablI:. 

SAMUEL  KENISTON,  Edgartown Dukes. 

JOSIAH  F.  MURPHEY,  Nantucket,  ....    Nantucket. 


Membees  of  Congress. 


615 


MEMBERS  OF  THE  FIFTY-FIRST  CONGRESS. 


[Cougreseional  Districts  eBtabllshed  by  Chap.  253,  Acts  of  1882] 


Senators. 


HENRY  L.  DAWES, 
GEORGE  F.  HOAR, 


of  PiUsJiekl. 
of  Worcester. 


Representatives. 

District  I.  — CHARLES  S.  RANDALL,  .  .  of  New  Bedford. 

II.  — ELLTAH  A.  MORSE,       .  .  .  of  Canton. 

III.  — JOHN  F.  ANDREW,       .  .  .  of  Boston. 

IV.  — JOSEPH  H.  O'NEH.L,    .  .  .  of  Boston. 
v.  — NATHANIEL  P.  BANKS,  .  .  of  Waltham. 

YL  — HENRY  CABOT  LODGE,  .  .  of  Nahant. 

VII.  — WILLIAM  COGSWELL,  .  .  of  Salem. 

VIIL  — FREDERIC  T.  GREENHALGE,  .  of  Lowell. 

IX.  — JOHN  W.  CANDLER,     .  .  .  of  Brookline. 

X.  — JOSEPH  H.  WALKER,  .  .  .of  Worcester. 

XL  — RODNEY  WALLACE,     .  .  .  of  Fitchburg. 

XIL  — FRANCIS  W.  ROCKWELL,  .  .  of  Pittsfield. 


Commonto^all^  of  ^^assac^usttts. 


Secretary's  Department,  Bosto.v,  July  21,  1890. 

I  certify  that  the  Acts  and  Resolves  contained  in  this 
volume  are  true  copies  of  the  originals,  and  that  the  ac- 
companying papers  are  transcripts  of  official  records  and 
returns. 

I  further  certify  that  the  tables  showing  the  changes 
made  in  the  general  statutes  by  the  legislation  of  the 
present  year  have  been  prepared  and  are  published  as  an 
appendix  to  this  edition  of  the  laws  by  direction  of  the 
Governor,  in  accordance  with  the  provisions  of  Chap.  238 
of  the  Acts  of  1882. 

HENRY  B.   PEIECE, 

Secretary  of  the  Commonivealth. 


APPENDIX. 


The  following  tables  have  been  prepared  by  Charles  U.  Bell,  Esq., 
appointed  to  that  duty  under  Chap.  238  of  the  Acts  of  1882,  which 
authorizes  the  Governor  to  appoint  some  person  to  prepare  "  tables 
showing  what  general  statutes  have  been  affected  by  subsequent 
legislation,  in  such  manner  as  to  furnish  ready  reference  to  all 
changes  in  such  statutes." 


A    TABLE 


WHAT  GENERAL  STATUTES  OF  THE  COMMONWEALTH  AND 
WHAT  CHAPTERS  OF  THE  PUBLIC  STATUTES  HAVE 
BEEN   AFFECTED   BY   SUBSEQUENT   LEGISLATION. 


PUBLIC    STATUTES. 


CHAPTER    1. 


OF    THE    JURISDICTION    OF    THE     COMMONWEALTH    AND    PLACES 
CEDED   TO   THE  UNITED   STATES. 

Sect.  1.  Provision  is  made  for  deflning  the  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  cc.  113,  154.  And  between 
Massachusetts  and  New  Hampshire.     Res.  1885,  c.  73  ;  1886,  c.  58. 

SfXT.  3.  Jurisdiction  is  ceded  to  the  United  States  over  a  part  of 
Gallop's  island  in  Boston  harbor.     St.  1889,  c.  27. 

Sect.  4.  The  United  States  are  given  concurrent  jurisdiction  with  the 
Commonwealth  over  lands  of  the  United  States  fish  and  fisheries  com- 
mission.    St.  1882,  c.  131. 

CHAPTER  la. 
OF   THE   GREAT   SEAL. 
The  form  of  the  great  seal  is  established.     St.  1885,  c.  288. 

CHAPTER   2. 
OF  THE  GENERAL  COURT. 

Sect.  2.  Practice  before  the  general  court  and  its  committees.  A 
sworn  return  of  legislative  expense  to  be  made  by  agents  and  attorneys 
is  regulated.     St.  1890,  c.  456. 

Sects.  5-14.  The  law  as  to  the  notice  to  be  given  of  petitions  to  the 
legislature  is  revised  and  amended.     Sts.  1885,  c.  24 ;  1890,  c.  302. 

Sect.  15.  The  pay  of  members  of  the  legislature  is  increased  from  $500 
to  $750.     Sts.  1884,  c.  319  ;  1886,  c.  352. 


650  Public  Statutes. 

Skct.  17.  The  couipensatiou  of  the  door-keepers  of  the  senate  and 
house  of  representatives  is  fixed  at  81,400;  that  of  the  messengers  at 
$750  ;  and  that  of  the  assistant  door-keepers  and  postmaster  at  $850.  St. 
1887,  c.  116. 

Sect.  18.  The  compensation  of  the  pages  of  the  senate  and  house  of 
representatives  is  fixed  at  three-fifths  of  that  of  the  messengers.  St.  1887, 
c.  116. 

Sects.  21,  22.  The  clerks  of  the  senate  and  of  the  house  may  employ 
additional  clerical  assistance.     St.  1888,  c.  1. 

Sect.  21.  The  salaries  of  the  clerks  of  the  senate  and  of  the  house  of 
representatives  are  increased  from  $2,500  to  $3,000.     St.  1884,  c.  329. 

Sect.  22.  The  salaries  of  the  assistant  clerks  of  the  senate  and  of  the 
house  of  representatives  are  increased  from  $900  to  $1,500.  Sts.  1882, 
c.  257,  §  1  ;  1884,  c.  334. 

Sects.  24,  35.  The  sections  relating  to  the  annual  election  sermon  are 
repealed.     St.  1884,  c.  60. 

Sect,  27.  The  limit  of  the  number  of  door-keepers,  assistant  door- 
keepers, messengers  and  pages  is  increased  from  twenty-five  to  thirty-two. 
St.  1882,  c.  257,  §  4. 

Sect.  34.  No  session  of  the  legislature  is  to  be  held  and  public  offices 
are  to  be  closed  on  Monday  when  Christmas  falls  on  the  Sunday  preceding. 
St.  1882,  c.  49. 

CHAPTER  3. 
OF    THE    STATUTES. 

Sect.  1.  When  an  act  is  required  to  be  accepted  by  a  municipal  or 
other  corporation,  a  return  of  its  action  must  be  made  b}^  it  to  the  secretary 
of  the  Commonwealth.     St.  1883,  c.  100. 

Sect.  3.  "  Mayor  and  aldermen  "  shall  be  construed  to  mean  "  board  of 
aldermen,"  unless  it  is  otherwise  provided,  and  except  in  case  of  appoint- 
ments.    St.  1882,  c.  164. 

"  Net  indebtedness"  of  towns,  cities  and  districts  in  the  laws  regulating 
the  investments  of  banks,  etc.,  shall  be  computed  omitting  water  debts  and 
deducting  sinking  funds.     St.  1883,  c.  127. 

A  daily  or  weekl}-  periodical  devoted  exclusively  to  legal  news  shall  be 
deemed  to  be  a  newspaper  for  the  insertion  of  legal  notices.  St.  1885, 
c.  235. 

CHAPTER  4. 

OF  THE  PRINTING  AND  DISTRIBUTION  OF  THE  LAWS  AND   PUBLIC 

DOCUMENTS. 

Tables  of  changes  in  the  Public  Statutes  by  subsequent  legislation,  and 
indexes,  are  to  be  prepared  and  published  with  such  editions  of  the  laws 
as  the  governor  may  direct.     St.  1882,  c.  238. 

The  preparation  and  publication  of  supplements  to  the  Public  Statutes 
and  their  distribution,  is  provided  for.     St.  1888,  c.  383. 

The  provisions  as  to  the  printing  and  distribution  of  the  laws  and  public 
documents  are  revised.     St.  1889,  c.  440. 


Table  of  Changes.  651 

The  report  of  the  commissioner  of  foreign  corporations  and  the  return  of 
assessed  polls,  registered  voters  and  ballots  cast,  are  added  to  the  series  of 
public  documents  and  fifteen  hundred  copies  of  each  are  to  be  printed.  St. 
1890,  cc.  50,  223. 

The  chief  of  the  bureau  of  statistics  of  labor  may  publish  parts  of  the 
reports  before  the  presentation  of  the  complete  report.     St.  1890,  c.  97. 

Sect.  The  report  of  the  commissioners  of  savings  banks  may  hereafter 
be  published  in  two  volumes.     St.  1890,  c.  126. 

Express  and  postage  on  legislative  and  other  documents,  forwarded  to 
members  of  the  general  court,  are  to  be  paid  by  the  Commonwealth.  St. 
1889,  c.  53. 

Sect.  5  et  seq.  Provision  is  made  for  reports  of  capital  trials.  St.  1886, 
c.  214. 

Sect.  7.  "  Of  labor"  is  added  after  "  bureau  of  statistics."  St.  1882, 
c.  6,  §  1. 

Sect.  9.  Provision  is  made  for  the  annual  publication  of  election  cases. 
Res.  1886,  c.  36. 

B}'  Res.  1887,  c.  16,  a  contract  for  the  state  printing  for  five  years  is  to 
be  made  in  the  mode  there  provided. 

Sect.  12.  One  copy  of  the  Index-Digest  of  the  Massachusetts  reports 
is  to  be  furnished  to  each  city  and  town.     St.  1887,  c.  118. 

CHAPTER  5. 

OF    THE    STATE    HOUSE,    THE     SERGEANT-AT-ARMS,    AND     STATE 

LIBRARY. 

The  Commonwealth  building  is  put  in  charge  of  the  same  officers  and 
committee  as  the  State  House,  and  the  janitor  and  fireman  at  Pemberton 
Square  are  transferred  to  it.     St.  1884,  c.  14. 

The  commissioners  on  the  State  House  no  longer  have  in  charge  the 
contingent  expenses  of  the  council  and  the  offices  in  the  State  House. 
St.  1887,  c.  128. 

Sects.  4,  6,  9,  10.  The  duties  of  the  sergeant-at-arms  are  defined  and 
the  salaries  and  designations  of  certain  of  his  appointees  are  established. 
St.  1887,  c.  128. 

Sect.  10.  The  salary  of  the  sergeant-at-arms  is  raised  from  $2,500  to 
$3,000.     St.  1884,  c.  333. 

Sect.  17.  The  salary  of  the  assistant  librarian  and  clerk  of  the  board 
of  education  is  raised  from  $2,000  to  82,500.     St.  1887,  c.  209. 

Sect.  18.  The  allowance  for  assistance  in  the  state  library  is  increased 
from  $1,800  to  $2,500.     Sts.  1882.  c.  29  ;  1886,  c.  G6. 

Sect.  20.  The  amount  annually  appropriated  for  books,  furniture,  etc., 
is  increased  from  $2,300  to  $5,000.     Sts.  1882,  c.  196  ;  1888,  c.  24. 

CHAPTER  6. 

OF    THE    QUALIFICATION   AND  REGISTRATION  OF   VOTERS. 

This  chapter  is  repealed  and  a  new  chapter  is  substituted.  St.  1890,  c. 
423,  §§  2-65. 


052  Public  Statutes. 

lu  any  prosecution  for  a  violation  of  any  law  in  reference  to  the  regis- 
tration, qualification  or  assessment  of  voters  or  in  reference  to  check-lists 
or  ballots,  the  presumption  is  in  favor  of  the  regularity  of  the  proceedings 
and  the  defendant  must  prove  any  irregularity.     St.  1890,  c.  393,  §  1. 


CHAPTER    7. 

OF   THE   ]\IANNER  OF   CONDUCTING    ELECTIONS   AND    RETURNING 

VOTES. 

Candidates  for  public  office  are  protected  against  anonymous  circulars 
and  posters.     St.  1890,  c.  381. 

This  chapter  is  revised.     St.  1890,  c.  423,  §§  66-145. 

The  Australian  system,  so  called,  of  printing  and  distributing  ballots  and 
voting  is  adopted,  to  take  effect  Nov.  1,  1889.     St.  1888,  c  436. 

St.  1888,  c.  436,  establishing  the  Australian  ballot  system,  is  amended 
and  reprinted  in  the  amended  form.     St.  1889,  c.  413. 

The  holding  of  caucuses  or  public  meetings  of  the  qualified  voters  of 
cities  and  towns  for  political  purposes  is  regulated.  Fraud  at  such  meet- 
ings is  made  criminal.     St.  1888,  c.  441. 

The  registrars  need  not  certify  on  a  nomination  paper  more  than  the 
number  of  names  required  to  make  the  nomination  with  one-fifth  added. 
The  designation  to  be  added  to  the  name  of  the  candidate  on  the  ballot, 
where  the  nomination  is  not  made  by  a  recognized  party,  is  fixed.  The 
time  wh^n  certificates  of  nomination  and  nomination  papers  must  be  filed 
is  fixed.  Provision  is  made  for  the  case  of  the  death  of  a  candidate  after 
nomination.  A  new  board  of  commissioner  of  appeal  under  section  7  of 
St.  1889,  c.  413  is  constituted.  The  nominations  which  ma}'  be  made  at  a 
caucus  are  determined.  Unless  it  is  a  caucus  of  a  party  casting  at  least 
three  per  cent,  of  the  vote,  at  least  twenty-five  voters  must  attend  it.  The 
number  of  ballots  to  be  furnished  is  fixed.  Certificates  of  nomination, 
nomination  papers,  records  of  ballots  furnished  and  receipts  therefor  need 
be  preserved  for  one  year  only.  Objections  and  withdrawals  shall  be  made 
within  seventy-two  hours  succeeding  the  last  day  for  filing  nomination 
papers.  All  signatures  shall  be  made  in  person.  Partial  ballots  are  fur- 
nished for  persons  who  vote  partly  in  one  town  and  parti}'  in  another. 
St.   1890,  c.  436. 

In  all  prosecutions  for  the  violation  of  any  law  relating  to  caucuses  or 
elections  the  regularity  of  the  proceedings  is  presumed  and  the  defendant 
must  prove  the  contrary.     St.  1890,  c.  393. 


CHAPTER  8. 

OF   THE   ELECTION   OF  GOVERNOR   AND   OTHER   STATE   OFFICERS. 

This  chapter  is  revised.     St.  1890,  c.  423,  §§  146-164. 

Skcts.  2,  3,     New  councillor  districts  are  established.  St.  1886,  c.  348. 

SfXTS.  4,  5.     New  senatorial  districts  are  established.  St.  1886,  c.  338. 

Sect.  6.     New  representative  districts  are  established.  St.  1886,  c.  256. 


Table  of  Changes.  653 


CHAPTER   9. 

OF    THE     ELECTION    OF     REPRESENTATIVES     IN     CONGRESS    AND 
ELECTORS   OF   PRESIDENT   AND   VICE-PRESIDENT. 

This  chapter  is  revised.     St.  1890,  c.  423,  §§  165-187. 

Sects.  1,2.  A  new  division  of  the  state  into  congressional  districts  is 
made.  The  provision  requiring  residence  in  the  district  is  omitted.  St. 
1882,  c.  253. 

CHAPTER    10. 

OF  THE  ELECTION  OF   DISTRICT   AND   COUNTY   OFFICERS. 

This  chapter  is  revised.     St.  1890,  c.  423,  §§  188-207. 

CHAPTER   11. 
OF   THE   ASSESSMENT   OF   TAXES. 

The  polls  and  estates  of  the  several  cities  and  towns,  as  a  basis  of  appor- 
tionment for  State  and  county  taxes,  are  established.     St.  1889,  c.  103. 

The  assessors  may  in  any  year  divide  any  ward  in  a  city  into  convenient 
assessment  districts.     St.  1889,  c.  115. 

Sect.  4,  which  defines  taxable  personal  estate,  is  amended  in  the  line 
reading  "  but  not  including  in  such  debts  due,  any  loan  on  mortgage  of  real 
estate,"  by  striking  out  "due"  and  inserting  in  its  place  "or  indebted- 
ness."    St.  1882,  c.  76. 

Corporations  formed  to  construct  railroads  and  telegraphs  in  foreign 
countries  shall  be  within  the  proviso  of  this  section.     St.  1887,  c.  228. 

Bonds  of  all  railroads  including  street  railwa3's  are  added  to  the  list  of 
kinds  of  personal  property  taxable.     St.  1888,  c.  363. 

Personal  property  leased  for  profit  is  taxed  where  situate  to  the  owner  or 
person  having  possession.     St.  1889,  c.  446. 

Sect  5,  cl.  3.  The  exemption  given  to  literary,  scientific  and  charitable 
institutions  is  lost  by  a  wilful  omission  to  bring  in  the  list  required,  but 
this  act  does  not  apply  to  corporations  making  returns  to  the  insurance 
commissioner.     St.  1882,  c.  217,  §§  2,  4. 

Sect.  5,  cl.  3,  which  provides  for  the  exemption  from  taxation  of  certain 
benevolent  institutions,  is  revised.  Temperance  societies  aud,  to  the  amount 
of  twenty  thousand  dollars,  grand  army  and  veteran  associations  are  added. 
St.  1889,  c.  465. 

There  is  no  exemption  if  any  part  of  the  income  or  profits  is  divided  or 
is  used  for  other  than  literary,  educational,  benevolent,  charitable,  scien- 
tific or  religious  purposes.     St.  1888,  c.  158. 

Sect.  5,  cl.  9.  The  real  estate  and  buildings  of  unincorporated  horti- 
cultural societies,  so  far  as  used  for  offices,  libraries  and  exhibitions,  is 
exempt.     St.  1884,  c.  176. 

Sect.  5,  cl.  10.  That  the  property  is  owned  in  common  with  others 
does  not  affect  the  exemption.     St.  1885,  c.  169. 

The  propertv  of  the  Lynn  AVorkingmen's  Aid  Association  is  exempt. 
St.  1884,  c.  184. 


654  Public  Statutes. 

Skct.  10,  The  provisions  of  this  section  as  to  the  taxable  valuation  of 
vessels  engaged  in  the  foreign  carrying  trade  are  extended  for  two  years. 
St.  1887,  c.  373.     And  for  two  years  more.     St.  1889,  c.  286. 

Sect.  13.  The  language  of  this  section  is  modified.  The  person  appear- 
ing as  the  owner  of  record  is  held  the  true  owner,  even  if  deceased.  St. 
1889,  c.  84. 

Sect.  14,  which  provides  for  the  taxation  of  mortgaged  real  estate,  and 
•prevents  double  taxation,  is  amended  by  changing  "taxable  real  estate," 
in  the  first  line,  to  "  real  estate  not  exempt  from  taxation  under  section  five 
of  this  chapter."     St.  1882,  c.  175. 

Sect.  20.  Two  classes  are  added  :  8th,  personal  property  held  by  an 
assignee  in  insolvency,  or  by  an  assignee  for  creditors,  is  assessed  to  him 
at  the  insolvent's  place  of  business,  or  if  he  had  none,  at  his  residence  ; 
9th,  personal  property  held  by  joint  owners  or  tenants  in  common,  and 
partners,  to  them  according  to  their  respective  interests,  at  the  place  where 
they  respectively  reside.     St.  1882,  c.  165. 

Provision  is  made  for  the  assessment  of  taxes  on  royalty- paying  machines. 
St.  1887,  c.  125. 

Sects.  31,  35.  The  taxes  assessed,  exclusive  of  State  tax,  county  tax 
and  sums  required  to  be  raised  for  the  city  debt,  shall  not  exceed  twelve 
dollars  on  every  thousand  of  the  average  valuation  of  the  preceding  three 
3'ears,  and  any  order  or  appropriation  requiring  a  larger  assessment  is  void. 
St.  1885,  c.  312,  §  1. 

Sect.  38.  A  sworn  statement  of  mortgaged  real  estate,  giving  the 
amount  of  the  mortgage,  must  be  filed  or  the  interest  of  the  mortgagee 
need  not  be  assessed  to  him.     St.  1882,  c.  175,  §  1. 

A  list  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes,  and  of  all  receipts  and  expenditures  for  said  purposes,  is  required 
of  persons  and  corporations  except  such  as  make  returns  to  the  insurance 
'   commissioner  under  Pub.  St.,  c.  11,  §  115.     St.  1882,  c.  217,  §  1. 

The  list  and  statement  may  be  as  of  the  last  day  of  its  financial  year 
next  preceding  the  first  day  of  May.     St.  1888,  c.  323. 

Sects.  38  et  seq.  Assessors  in  towns  must  post  lists  of  persons  assessed 
for  poll  taxes.     St.  1888,  c.  206. 

Sect.  48.  The  time  within  which  persons  may  apply  to  be  assessed  is 
extended  from  the  fifteenth  day  of  September  to  the  first  day  of  October. 
Evening  sessions  of  the  assessors  are  required.  This  act  applies  also  to 
Boston.     St.  1888,  c.  200. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.     St.  1887,  c.  226. 

Sect.  50.  It  is  expressly  provided  that  the  residents  and  non-resident 
property  holders  shall  at  all  reasonable  times  have  free  access  to  the  list  of 
valuation  and  assessment,  and  assessors  are  punished  for  refusal  or  neglect 
to  submit  the  list  to  their  inspection  upon  request.     St.  1888,  e.  307. 

Sect.  52.  The  title  of  the  first  column  of  the  valuation  book  is  changed 
from  "  Names  of  Persons  Assessed  "  to  "  Names  and  Residences  of  Per- 
sons Assessed."     St.  1883,  c.  41,  §  1. 

Sects.  52,  54.  The  table  of  aggregates  is  to  be  deposited  every  year, 
and  new  items  are  included.     St.  1887,  c.  86. 


Table  of  Changes.  655 

The  items  to  be  stated  in  the  return  are  changed,  and  section  54  is 
revised.     St.  1890,  c.  242. 

Sect.  53.  In  the  first  column,  the  street  and  number  of  the  person's 
residence  are  to  be  added  to  the  name.     St.  1883,  c.  41,  §  2. 

Sect.  54.  The  assessors  are  required  to  enumerate  and  return  the 
number  of  neat  cattle  other  than  cows  assessed,  and  the  number  of  swine 
assessed.     St.  1885,  c.  106. 

The  value  of  the  buildings,  the  total  number  of  tax  payers,  the  number 
who  pay  a  tax  on  property  and  the  number  who  pay  a  poll  tax  only  are  to 
be  stated.     St.  1886,  c.  56. 

Sects.  54,  55.  Copies  of  the  assessor's  books,  instead  of  being  deposited 
with  the  secretary  of  the  Commonwealth  on  the  fifth  and  tenth  years,  are  to 
be  deposited  ever}^  third  year,  beginning  with  1883.  The  copy  of  the  table 
of  aggregates  is  to  be  deposited  each  year,  instead  of  eight  years  in  ten. 
St.  1883,  c.  91. 

Sect.  61.  The  tax  list  must  also  contain  a  certificate  of  the  amount 
assessed  upon  each  poll  as  State  and  county  tax  respectively.  St.  1889, 
c.  467,  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  assessed  on  real 
estate  are  enabled  to  apply  for  an  abatement.     St.  1888,  c.  315. 

Sect.  69-77.  An  appeal  is  given  to  the  superior  court  instead  of  to  the 
county  commissioners.     St.  1890,  c.  127. 

Sect.  71.  On  petitions  for  the  abatement  of  taxes,  the  county  commis- 
sioners on  appeal  may  make  such  order  as  to  costs  as  justice  requires,  but 
taxable  costs  shall  not  be  given  to  a  party  who  has  failed  to  file  a  list  of 
his  property.     St.  1882,  c.  218. 

Sect.  77.  Dues  or  taxes  for  school  books  may  be  abated  under  this 
section.     St.  1885,  c.  67. 

Sect.  78.  The  time  for  assessing  omitted  taxes  is  extended  so  that  any 
estate  discovered  after  the  rate  of  taxation  has  been  declared,  instead  of 
after  the  warrant  has  been  committed  to  the  collector,  may  be  assessed. 
Such  assessment  may  be  made  before  December  15  instead  of  before  Sep- 
tember 15.     St.  1886,  c.  85. 

AYhere  the  property  taxable  is  omitted  and  the  error  is  discovered  after 
the  rate  of  taxation  has  been  declared,  it  shall  be  assessed  between  the 
fifteenth  and  twentieth  days  of  December.     St.  1888,  c.  362. 

Sect.  90.  The  assessors,  with  the  statement  of  exempt  property,  must 
send  to  the  tax  commissioner  all  lists  and  statements  filed  by  persons  or 
corporations  holding  property  for  literary,  benevolent,  charitable  or  scien- 
tific purposes.     St.  1882,  c.  217,  §  3. 

Sect,  91.  In  addition  to  the  debts  and  assets,  the  amount  of  the  sink- 
ing funds  or  annual  proportionate  payments  of  debts  must  be  given. 
St.  1882,  c.  133,  §  2. 

Sect.  92.  The  return  as  to  steam  boilers  in  Boston  shall  be  made  by 
the  inspector  of  buildings.     St.  1882,  c.  252,  §  5. 

Sect.  93.  The  apportionment  between  State  and  county  taxes  is  to  be 
stated  upon  the  tax  bills  of  male  persons  assessed  for  a  poll  tax  only,  and 
such  persons  shall  not  be  entitled  to  a  certificate  under  this  section.  St. 
1889,  c.  467. 


(j5Q  Public  Statutes. 

CHAPTER    12. 
OF   THE   COLLECTION   OF   TAXES. 

This  chapter  is  repealed  and  the  laws  as  to  the  collection  of  taxes  are 
revised  and  codified.     St.  1888,  c.  390. 

Sect.  GQ  et  seq.  The  county  taxes  shall  be  collected  and  paid  into  the 
town  and  cit}'  treasuries,  and  the  town  and  city  treasurers  are  to  pay  them 
over  to  the  county  treasurers  at  such  times  as  the  county  commissioners 
may  direct  in  their  warrants.     St.  1889,  c.  253. 

St.  1888,  c  390,  is  amended  as  follows  :  — 

Sect.  2.  Notices  instead  of  tax  bills  are  to  be  sent.  They  may  be  sent 
by  mail.  Those  to  poll  tax  payers  must  be  sent  by  September  2.  St. 
1889,  c.  334  §  1. 

Sect.  3.  Instead  of  the  entries  required  by  this  section  the  collector  is 
to  make  and  keep  entries  showing  the  disposition  of  the  tax,  whether 
reassessed,  abated  or  unpaid,  and  the  date  of  such  disposition.  St.  1889, 
c.  334,  §  2. 

Sect.  7.  His  fees  are  determined.  St.  1889,  c.  334,  §  3.  The  col- 
lector's fees  are  changed.     St.  1890,  c.  331,  §  2. 

Sect.  8.  The  collector  may  send  a  summons  by  mail.  St.  1890,  c.  331, 
§.1.  Before  a  sale  of  real  estate,  distraint  or  arrest,  a  demand  must  be 
made  or  sent  by  mail.  The  persons  on  wliom  it  shall  be  made  are  defined. 
St.  1889,  c.  334,  §4. 

Sect.  19.  Instead  of  a  copy  of  the  warrant  he  leaves  a  certificate  of  the 
cause  of  commitment  and  the  amount  to  be  paid,     St.  1889,  c.  334,  §  5. 

Sect.  23.  The  provisions  as  to  arrest  by  the  constable  himself  are 
omitted.  His  w^arrant  runs  to  any  of  the  sheriffs  of  the  several  counties 
and  their  deputies,  and  to  any  constable  or  deputy  collector  of  taxes  of  the 
city  or  town  of  which  he  is  collector.     St.  1889,  c.  334,  §  6. 

Sect.  24.  Taxes  reassessed  are  included.  The  provision  as  to  the 
marriage  of  a  female  tax  paver  is  omitted.  He  may  sue  as  if  to  collect  a 
debt  due  him.     St.  1889,  c  334,  §  7. 

Sect,  28,  requiring  a  summons  and  providing  a  charge  therefor  is 
repealed.     St.  1889,  c.  334,  §  8. 

Sect.  29.     New  fees  are  substituted.     St.  1889,  c.  334,  §  3. 

Sect.  30.  All  provisions  as  to  the  person  on  w'hom  the  demand  shall  be 
made  are  omitted.     St.  1889,  c.  334,  §  9. 

Sect.  32.  The  mortgagee  must  give  the  notice  to  the  collector  before 
the  tax  is  assessed.     St.  1889,  c.  334,  §  10. 

Sect.  33.  Instead  of  filing  or  recording  the  authority  to  his  attorney, 
he  must  give  notice  of  it  to  the  collector  before  September  1.  St.  1889, 
c.  334,  §  11. 

Sect.  37.  The  notice  need  not  be  posted  except  on  the  premises.  St. 
1889,  c.  334,  §  12. 

Sect.  41  is  repealed.     St.  1889,  c.  334,  §  3. 

Sect.  49.  The  time  for  payment  by  the  purchaser  is  extended  from  ten 
to  twenty  da^'S.     St.  1889,  c.  334,  §  13. 

Sect,  51.     The  custody  of  the  deeds  in  cities  is  transferred  from  the 


Table  of  Changes.  657 

collector  to  the  treasurer,  and  applications  for  redemption  are  to  be  made 
to  the  treasurer  and  not  to  the  collector.     St.  1889,  c.  334,  §  14. 

Skcts.  6\),  72.  The  requirement  that  the  assessors  shall  approve  the 
action  of  the  collector  in  requiring  the  surrender  of  a  tax  deed,  or  in  annul- 
ling a  title,  is  repealed.     St.  1889,  c.  334,  §  15. 

Forms  No.  5,  6,  7  are  changed.     St.  1889,  c.  334,  §  16. 

CHAPTER  13. 
OF  THE  TAXATION  OF  CORPORATIONS. 

The  office  of  deputy  tax  commissioner  is  abolished  and  that  of  tax  com- 
missioner is  created  and  its  duties  defined.     St.  1890,  c.  160. 

Sect.  1.  The  salary  of  the  deputy  tax  commissioner  is  raised  from 
$2,750  to  $3,000.     St.  1887,  c.  342,  §  1. 

Sect.  2.  The  salary  of  the  first  clerk  in  the  office  of  the  deputy  tax 
commissioner  is  raised  from  $1,800  to  $2,000,  and  that  of  the  second  tax 
from  $1,300  to  $1,500.  The  amount  allowed  for  other  assistance  is  in- 
creased from  $12,000  to  $14,000.     St.  1887,  c.  342,  §  2. 

Sect.  6.  The  tax  commissioner  must  furnish  blanks  for  the  returns  of 
property  held  for  literary,  benevolent,  charitable  or  scientific  purposes. 
St.  1882,  c.  217,  §  3. 

It  would  appear  that  he  should  send  the  blanks  for  steam  boiler  returns 
in  Boston  to  the  inspector  of  buildings  and  not  to  the  assessors.  St.  1882, 
c.  252,  §  5, 

Sect.  24.  This  section  is  repealed.  The  capital  stock,  corporate 
franchises  and  personal  estate,  but  not  the  real  estate,  of  co-operative  banks 
ai'e  exempt  from  taxation.     St.  1890,  c.  63. 

Sects.  26,  34,  37.  The  statutes  as  to  the  taxation  of  insurance  com- 
panies are  revised.     St.  1887,  c.  283. 

Sect.  25-37.  Every  accident,  fidelity  or  guaranty  insurance  company 
incorporated  without  the  state  and  doing  business  here  must  pay  an  excise 
tax.     St.  1890,  c.  197. 

Sects.  17,  40.  Title  insurance  companies  are  taxed  under  these  sec- 
tions.    St.  1884,  c.  180  ;  1887,  c.  214,  §  64. 

Sect.  20.  The  time  is  extended  during  which  real  estate  held  by  savings 
banks,  by  foreclosure  or  purchase  at  mortgage  sales,  is  exempted.  (See 
c.  116,  §  20,  cl.  8.)     St.  1883,  c.  248. 

Sects.  20,  23.  Every  bank  which  has  paid  a  tax  on  its  real  estate  used 
for  banking  purposes  is  reimbursed,     St.  1890,  c.  406. 

Sect.  24.  In  this  section  the  name  "  co-operative  savings  fund  and  loan 
association  "  is  changed  to  "  co-operative  bank."     St.  1885,  c.  121,  §  3. 

Sect.  33.  When  reinsurance  is  effected  otherwise  than  by  their  licensed 
resident  agent  no  deduction  is  to  be  made  for  the  sums  paid  for  such  rein- 
surance.    St.  1888,  e.  154. 

Sects.  38-42.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  c.  238. 

Telephone  companies  formed  under  the  laws  of  this  State  and  doing 
business  wholly  or  partly  \vithin  this  State  are  taxed  under  these  sections  ; 
but  not  on  stock  held  by  them  which  is  also  taxed.     St.  1886,  c.  270. 


658  Public  Statutes. 

Sects.  40,  52,  53,  54,  57,  58,  59.  The  taxation  of  safe  deposit,  loan 
and  trust  companies  is  regulated.     St.  1888,  c.  413. 

Sect.  42.  Every  corporation  or  association  for  mining,  quarrying,  or 
getting  earth  oils,  or  holding  lands,  organized  out  of  the  Commonwealth, 
which  opens  an  office  in  the  Commonwealth,  must  pay  a  tax  ;  and  the 
officers  and  agents  here  are  liable  for  it.     Sts.  1882,  c.  106  ;  1883,  c  74. 

Such  corporations  need  not  make  returns  under  St.  1882,  c.  106,  if  they 
make  them  under  St.  1884,  c  330.     St.  1886,  c.  230. 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  pro- 
viso of  chapter  11,  §  4,  as  to  local  taxation.     St.  1887,  c.  228. 

Sects.  61,  62.  An  appeal  is  given  from  the  assessors  to  the  superior 
court  instead  of  to  the  county  commissioners.     St.  1890,  c.  127. 

CHAPTER  14. 
OF  THE  MILITIA. 

The  amount  now  in  the  treasury  on  account  of  bounties  and  allotments 
to  soldiers  is  transferred  to  the  bounty  loan  sinking  fund.  Claims  against 
it  are  to  be  filed  with  the  auditor  and  allowed  by  him.     St.  1882,  c.  112. 

A  naval  battalion  is  established  to  be  attached  to  the  volunteer  militia. 
St.  1888,  c.  366. 

The  militia  laws  are  revised.     St.  1887,  c.  411. 

An  officer  continued  by  appointment  in  the  same  office,  or  transferred 
without  loss  of  grade  or  continuous  service  from  one  office  to  another, 
takes  rank  according  to  the  date  of  his  original  commission.  St.  1889, 
c.  360,  §  1. 

Any  commissioned  officer  discharged  under  St.  1887,  c.  411,  shall  not  be 
eligible  to  election  or  appointment  to  a  commission  within  six  mouths  after 
such  discharge.     St.  1889,  c.  360,  §  2. 

Any  person  obsti'ucting  or  interfering  with  the  right  of  way  given  by 
St.  1887,  c.  411,  §  120,  is  punished  under  §  119  of  the  same  statute.  St. 
1889,  c.  360,  §  3. 

Inspecting  officers  inspecting  armories  shall  receive  the  same  pa}'  and 
allowances  as  are  provided  for  officers  on  special  duty.  St.  1889,  c. 
360,  §  4. 

The  by-laws  are  to  be  approved,  not  by  the  commander-in-chief,  but  for 
unattached  companies,  signal  and  ambulance  corps  by  the  brigade  com- 
manders, and  for  all  others  by  their  respective  battalion  commanders. 
They  are  not  to  be  repugnant  to  articles  or  rules  adopted  for  the  general 
government  of  the  militia.     St.  1889,  c.  360,  §  5. 

St.  1887,  c.  411,  §  148,  is  amended  by  adding  that  the  books  of  the 
treasurer  and  other  books  of  any  command  (shall  be  examined  bj^  the 
inspecting  ollicers  when  so  ordered  by  the  commander-in-chief,  and  subject 
to  his  action  on  the  receipt  of  the  report  of  such  examinations.  St.  1889, 
c.  360,  §  6. 

Sect.  26.  There  is  added  to  the  non-commissioned  staff,  one  chief 
bugler  and  sixteen  drummers.     St.  1890,  c.  425,  §  1. 

Sect.  28.  To  each  company  of  infantry  there  shall  be  one  bugler,  in- 
stead of  two  musicians.     St.  1890,  c.  425,  §  2. 


Table  of  Changes.  G59 

Sect.  56.  The  chief  bugler  and  the  drummers  are  appointed  by  the 
regimental  commander.     St.  1890,  c.  425,  §  3. 

Sect.  59.  The  colonel  shall  be  recruiting  officer  for  the  drummers. 
Applicants  not  exceeding  fifteen  to  each  company  above  the  maximum, 
may  be  enrolled,  instructed  and  drilled  and  preferred  for  enlistment  as 
vacancies  occur.     St.  1890,  c.  425,  §  4. 

Sect.  66.  An  officer  may  also  be  discharged  for  purposes  of  reorgani- 
zation.    St.  1890,  c.  425,  §  5. 

Sect.  70.  The  "  no  objection  "  clause  in  the  discharge  paper  of  an  en- 
listed man  may  be  stricken  out  by  order  of  the  commander-in-chief.  St. 
1890,  c.  425,  §  6. 

Sect.  71.  An  honorable  discharge  shall  not  be  given  unless  the  soldier 
has  complied  with  the  by-laws  of  his  organization  and  cancelled  all  his  in- 
debtedness to  it.     St.  1890,  c.  425,  §  7. 

Sect.  72.  The  uniform  and  insignia  of  rank  shall  be  worn  only  by  per- 
sons entitled  thereto  either  under  the  laws  here  or  of  another  state  or  of 
the  United  States.     St.  1890,  c.  425,  §  8. 

Sect.  74.  All  trousers  furnished  to  enlisted  men  shall  be  made  to 
measure  under  the  direction  of  the  chief  quartermaster-general  or  accord- 
ing to  rules  to  be  establisii^d  by  him.     St.  1890,  c.  425,  §  9. 

Sect.  91.  The  Grand  Army  may  be  allowed  to  use  the  State  camp 
ground.     Res.  1882,  c.  15. 

Sect.  92.  Provision  is  made  for  the  purchase  or  taking  of  land  and  the 
erection  of  armories  in  cities  in  which  two  or  more  companies  of  militia 
are  located.     St.  1888,  c.  384. 

Sect.  127.  The  law  defining  what  bodies  of  men  may  parade  with  arms 
is  revised.     St.  1890,  c.  425,  §  10. 

Sect.  135.  One  dollar  and  seventy-five  cents  is  allowed  for  each 
enlisted  man  for  repairs  and  incidental  expenses.     St.  1890,  c.  425,  §  11. 

Sect.  151  et  spq.  A  medal  is  allowed  for  nine  years'  continuous  honor- 
able service,  and  an  additional  bar  or  clasp  for  each  five  years  thereafter. 
St.  1890.  c.  425,  §  12. 

CHAPTER  15. 

OF  THE  EXECUTIVE  DEPARTMENT  AND  THE   SECRETARY   OF   THE 

COMMONWEALTH. 

Sect.  1.  The  salary  of  the  governor  after  1884  is  $5,000  instead  of 
$4,000.     St.  1884,  c.  328. 

Sect.  5.  The  salary  of  the  private  secretary  of  the  governor  is  raised 
from  SI, 500  to  $2,000.     St.  1885,  c.  77. 

Sect.  6.  The  salai'y  of  the  executive  clerk  is  raised  from  $1,200  to 
Si, 700.     Sts.  1884,  c.  8  ;  1887,  c.  83. 

The  salary  of  the  executive  messenger  is  raised  from  $800  to  $1,000. 
Sts.  1884,  c.  38;  1887,  c.  221. 

Sect.  9.  T!ie  salary  of  the  secretary  of  the  Commonwealth  is  raised 
from  $2,500  to  $3,500.     St.  1888,  c.  385. 

Sect.  10.  The  salarj'  of  the  first  clerk  of  the  secretary  is  raised  from 
$1,800  to  $2,000.     St.  1885,  c.  87. 

Of  the  second  clerk  from  $1,500  to  $1,700.     St.  1886,  c.  238. 


660  Public  Statutes. 

And  of  the  third  clerk  from  81,200  to  Si, 500.    Sts.  1883,  c  48  ;  1887,  c.  26. 

The  allowance  of  the  secretary  of  the  Commonwealth  for  a  messenger 
and  clerk's  hire  is  increased  from  $10,000  to  $13,000.  Sts.  1889,  e.  101  ; 
1890,  c.  239. 

Sect.  15.  The  duty  of  furnishing  blank  forms  for  returns  of  criminal 
cases  pending  is  transferred  from  the  secretary  of  the  commissioners  of 
prisons.     St.  1882,  c.  226. 

CHAPTER  16. 
OF  THE  AUDITOR,  TREASURER,  AXD  MATTERS  OF  FINA:NCE. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.,  §  3565,  is  adopted. 
St.  1882,  c.  110. 

The  accounts  of  all  State  institutions,  penal  and  charitable,  and  all  other 
public  institutions  for  the  support  of  which  appropriations  are  made 
annually  b}?^  the  legislature,  are  to  be  kept  under  the  direction  of  the  auditor 
of  the  Commonwealth.  He  shall  prescribe  the  number  and  form  of  all 
analytical  or  subsidiary  accounts.  The  accounts  must  show  the  expendi- 
tures, the  estimated  cash  value  of  the  products  and  the  value  of  the  labor 
of  the  inmates.     St.  1887,  c.  87. 

A  controller  to  audit  the  accounts  of  county  officers,  officers  of  inferior 
courts  and  trial  justices  is  to  be  appointed.  His  duties  are  defined,  and 
these  officers  are  to  make  their  returns  to  him.  The  times  when  they  shall 
make  returns  and  pay  over  money  in  their  hands  is  fixed.  St.  1887, 
c.  438. 

The  controller  of  accounts  may  appoint  two  deputies  instead  of  two 
clerks.     St.  1800,  c.  306. 

The  controller  of  accounts  shall  in  his  report  give  such  statements,  facts 
and  explanations  as  will  tend  to  a  simple,  uniform  and  economical  method 
of  accounting  for  public  funds.  His  report  is  made  one  of  the  series  of 
public  documents.     St.  1888,  c.  275. 

Clerks  of  courts,  including  justices  of  courts  having  no  clerks,  sheriffs, 
masters  of  jails  and  houses  of  correction  must  deposit  cash  funds  beyond 
w'hat  is  required  for  immediate  use.     St.  1890,  c  215. 

The  payments  by  clerks  are  to  be  made  on  the  tenth  of  the  month  in- 
stead of  the  first,  and  are  to  include  balances  due  and  payable  at  the  end 
of  the  preceding  month.     St.  1890,  c.  216. 

Sect.  2.  The  salary  of  the  auditor  is  raised  from  $2,500  to  $3,500,  St. 
1889,  c.  70,  and  that  of  his  first  clerk  from  $1,800  to  $2,000.  St.  1885, 
c.  195. 

The  salary  of  his  second  clerk  is  raised  from  $1,500  to  $1,700.  St.  1887, 
c.  30. 

The  auditor  may  employ  an  extra  clerk  at  a  salary  of  $1,200.  St.  1888, 
c.  432. 

Sect.  7.  The  auditor  is  required  to  submit  an  abstract  of  his  report  by 
January  30,  and  the  full  report  as  soon  as  may  be.     St.  1884,  c.  207. 

Sect.  17.  The  salary  of  the  treasurer  is  raised  from  $4,000  to  $5,000. 
St.  1885,  c.  263. 

He  is  allowed  one  more  clerk.  St.  1882,  c.  111.  He  is  also  allowed  a 
fund  clerk.     St.  1883,  c.  164. 


Table  of  Changes.  661 

The  clerks  are  designated.  St.  188G,  c.  38.  The  salaries  of  his  clerks 
are  raised  as  follows  :  First  clerk  from  $2,300  to  62,500,  second  clerk  from 
81,800  to  $2,000,  the  cashier  from  $1,800  to  $2,000,  the  third  clerk  from 
$1,200  to  $1,400,  the  fnnd  clerk  from  $1,200  to  $1,400.  The  salary  of  the 
receiving  teller  is  fixed  at  $1,400,  and  of  the  paying  teller  at  $1,200.  St. 
1886,  c.  334. 

The  salary  of  the  paying  teller  in  the  office  of  the  treasurer  is  increased 
from  81,200  to  $1,400.     St.  1889,  c.  349. 

Sect.  26.  The  annual  financial  estimates  are  hereafter  to  be  made  to 
the  auditor  instead  of  to  the  secretary.     St.  1885,  c,  41. 

Sect.  28.  Money  for  small  expenses  may  be  advanced  to  officers  author- 
ized to  expend  money.     Sts.  1884,  c.  179  ;  1888,  c.  322. 

Sect.  28.  The  statement  of  the  expenditures  must  be  filed  within  thirty 
days  after  receiving  the  advance,  and  all  advances  must  be  accounted  for 
and  the  vouchers  filed  b}'  December  25.  The  amount  which  may  be 
advanced  to  disbursing  officer  of  the  board  of  lunacy  and  charity  is 
increased  from  $1,000  to  $1,500.     St.  1890,  c.  58. 

Sect.  42  is  repealed,  and  the  power  of  committees  to  cause  hearings 
to  be  advertised  is  limited.     St.  1885,  c,  371. 

Sect.  52.  JNIoney  from  sales  of  public  property  must  be  accompanied 
by  a  sworn  itemized  account,  approved  by  the  proper  ofllcers.  St.  1884, 
c.  326. 

Sect.  60.  The  authorized  investments  of  the  state  funds  are  enlarged. 
St.  1882,  c.  130. 

Any  officer  who  neglects  or  refuses  for  ten  days  to  make  the  returns 
or  payments  required  or  to  record  his  payments  and  receipts  in  the  book 
prescribed  by  the  controller  is  guilty  of  a  misdemeanor.     St.  1890,  c.  216. 

Sect.  73  is  repealed.     St.  1887,  c.  438,  §  8. 


CHAPTER    17. 
OF  THE   ATTORNEY-GENERAL  AND   THE   DISTRICT   ATTORNEYS. 

Sects.  1,  2.  The  salary  of  the  attorney-general  is  increased  from 
84,000  to  $5,000,  and  that  of  the  first  assistant  from  $2,000  to  $2,500, 
and  that  of  the  second  assistant  from  §1,000  to  $1,500.     St.  1889,  c.  402. 

Sect.  2.  He  may  also  appoint  a  law  clerk  as  an  assistant  at  a  salary  of 
$1,000.     St.  1886,  c.  216. 

The  title  of  the  law  clerk  is  changed  to  that  of  second  assistant  attorney- 
general.     St.  1888,  c.  425. 

Sect.  9.  The  attorney-general  may  cause  reports  of  capital  trials  to  be 
published.     St.  1886,  c.  214. 

Sect.  10.  The  amount  allowed  for  the  contingent  expenses  in  civil 
actions  in  which  the  Commonwealth  is  a  party  or  interested  is  increased 
from  $300  to  $800.     St.  1890,  c.  388. 

Sect.  14.  An  assistant  district  attorney  may  be  appointed  for  the 
middle  district  at  a  salary  of  $1,000.     St.  1888,  c.  157. 

Sect.  15.  The  salary  of  the  district  attorney  for  the  eastern  district  is 
raised  from  $1,800  to  $2,400,  and  he  is  given  an  assistant  at  $1,000  per 
annum.     St.  1882,  cc.  156,  157. 


662  Public  Statutes. 

The  salaiy  of  the  assistant  district  attorney  for  the  eastern  district  is 
raised  from  $1,000  to  Si, 200.     St.  1888,  c.  289. 

The  salary  of  the  district  attorney  for  the  middle  district  is  raised  from 
$1,800  to  $2,400.     St.  1889,  c.  250. 

The  salary  of  the  district  attorney  for  the  western  district  is  raised  from 
$1,800  to  $2,100.     St.  1887,  c.  97. 

The  salary  of  the  district  attorney  for  the  Suffolk  district  is  raised  from 
$4,.o00  to  $5,000  ;  that  of  his  first  assistant  to  $2,800  ;  his  second  assistant 
to  $2,500.     Sts.  1887,  c.  160  ;  1882,  c.  245,  §  2. 

The  salary  of  the  clerk  of  the  district  attorney  for  Suffolk  is  increased 
from  $1,000  to  $1,800.     St.  1889,  c.  238. 

The  salary  of  the  district  attorney  for  the  south-eastern  district  is  raised 
from  $1,800  to  $2,100.     St.  1888,  c.  267,  §  1. 

Sect.  16.  In  the  south-eastern  district  also  the  clerk  may  be  appointed 
assistant,  his  compensation  being  paid  by  Norfolk  and  Plymouth  equally, 
and  not  exceeding  $800.     St.  1888,  c.  267,  §  2. 

CHAPTER    18. 

OF  NOTARIES  PUBLIC  AND  COMMISSIONERS  TO  ADMINISTER 
OATHS  OF  OFFICE  AND  TO  TAKE  ACKNOWLEDGMENTS  OF 
DEEDS,    Etc. 

Women  who  are  attorneys  may  be  appointed  special  commissioners  to 
administer  oaths  and  take  acknowledgments  and  depositions.  St.  1883, 
c.  252. 

Women  appointed  special  commissioners  shall  have  the  same  powers  as 
justices  of  the  peace  to  administer  oaths,  to  take  depositions  and  acknowl- 
edgments and  summon  witnesses.     St.  1889,  c  197. 

Sect.  14.  The  commissioner  may  take  his  official  oath  before  a  minister 
or  consul  of  the  United  States.     St.  1885,  c.  31. 

CHAPTER  19. 
OF  THE  BOARD  OF  HARBOR  AND  LAND  COMMISSIONERS. 

The  commissioners  are  given  the  care  and  custody  of  the  Connecticut 
river,  and  are  to  cause  it  to  be  surveyed.     St.  1885,  c.  344. 

All  structures  and  encroachments  in  great  ponds  are  put  under  the  con- 
trol of  the  harbor  and  land  commissioners.  Licenses  beyond  the  line  of 
riparian  ownership  or  affecting  the  level  of  the  water  must  be  approved  by 
the  governor  and  council.     St.  1888,  c.  318. 

Sect.  3.  They  are  given  the  same  charge  of  all  lands  of  the  Common- 
wealth for  which  other  provision  is  not  made  which  they  now  have  over 
lands  in  tide-waters.     St.  1886,  c.  144. 

The  custody  of  the  books  of  records  of  grants  and  conveyances  of 
Commonwealth  lands  in  Maine  is  transferred  to  the  secretary  of  State. 
St.  1883,  c.  99. 

Sect.  7.  Regulations  are  established  for  Gloucester  harbor.  St.  1885, 
0.  315. 

The  harbor  lines  at  East  Boston  are  established.     St.  1882,  c  48. 


Table  of  Changes.  663 

At  Gloucester.     Sts.  1882,  c.  103  ;  1883,  c.  109. 
At  Haverhill.     St.  1883,  c.  104. 

SiXTs.  8,   10,   11,  12.     These  sections  shall  apply  to  the   Connecticut 
river.     St.  1885,  c.  344,  §§  2,  3. 


CHAPTER  20. 
OF  TFIE  STATE  BOARD  OF  AGRICULTURE. 

Au  agricultural  experiment  station  at  the  Agricultural  College  in  Amherst 
is  established.     St.  1882,  c.  212. 

The  board  of  control  of  the  station  must  report  annually.  St.  1883,  c. 
10.5. 

The  members  of  the  board  of  control  are  incorporated.     St.  1887,  c.  31. 

The  number  of  the  members  of  the  board  of  control  of  the  agricultural 
experiment  station  is  increased  by  adding  one  member  from  the  Massachu- 
setts state  grange,  one  from  the  horticultural  society,  the  director  of  the 
station  and  the  secretary  of  the  state  board  of  agriculture.  No  person 
elected  by  any  of  the  boards  or  societies  shall  continue  to  be  a  member  after 
he  has  ceased  to  be  a  member  of  the  board  or  society.     St.   1888,  c.  333. 

The  annual  appropriation  of  money  by  the  United  States  for  the  support 
of  agricultural  experiments  is  accepted.     St.  1887,  c.  212. 

The  agricultural  college  is  authorized  and  designated  to  receive  the 
money  granted  by  the  United  States.     St.  1889,  c.  111. 

The  trustees  of  the  Massachusetts  agricultural  college  shall  be  paid  their 
expenses.     St.  1889,  c.  45. 

An  additional  sura  of  $5,000  annually  is  allowed  for  the  maintenance  of 
the  experiment  station.     St.  1885,  c.  327. 

Sect.  4.  The  salary  of  the  secretary  is  raised  from  $2,000  to  $2,500. 
St.  1883,  c.  184. 

The  sum  allowed  to  the  secretary  for  clerical  services,  besides  his  regular 
clerk,  and  for  lectures,  is  increased  from  $400  to  $800.     St.  1884,  c.  66. 

The  salary  of  the  clerk  of  the  secretary  is  raised  from  $1,100  to  $1,200. 
St.  1887,  c.  245. 

CHAPTER  21. 
GENERAL  PROVISIONS  RELATING  TO  STATE  OFFICERS. 

All  official  bonds  which  are  in  the  custody  of  the  treasurer  or  are  by  law 
approved  by  the  governor  and  council  must  be  examined  once  each  year  or 
oftener.     St.  188^5,  c  32. 

Sect.  10.  The  treasurer  may  close  his  office  for  the  receipt  of  payment 
of  money  at  two  o'clock  instead  of  three.     St.  1886,  c.  257. 

CHAPTER   21a. 

OF   THE   MILITARY  AND    NAVAL   HISTORIAN. 

Provision  is  made  for  the  appointment  of  a  State  military  and  naval 
historian.     St.  1889,  c.  374. 


664:  Public  Statutes.  . 

CHAPTER  22. 
OF  COUNTIES  AND  COUNTY  COMMISSIONERS. 

Sect.  1.  Muskeget  and  Gravelly  islands  are  annexed  to  Nantucket 
county.  Taxes  therein  are  to  be  assessed  by  and  paid  to  the  town  of 
Edgartown.     St.  1887,  c.  88. 

Sect.  5.  The  reasonable  expenses  of  police,  district,  and  municipal 
courts  for  rent  and  care  of  court  rooms,  fuel,  record  books,  blanks  and 
stationery  and  other  incidental  expenses  shall  be  certified  by  the  judge 
and  allowed  by  the  county  commissioners.     St.  1890,  c.  440,  §  11. 

Sect.  14.  The  sum  allowed  for  the  pay  of  the  county  commissioners  is 
raised  in  Berkshire  from  $1,600  to  $2,100.  St.  1890,  c.  133.  In  Essex 
from  $3,200  to  $3,900  ;  in  Norfolk  from  $1,900  to  $2,700.  St.  1885,  c.  277. 
In  Worcester  from  $3,400  to  $3,900;  and  in  Plymouth  from  $1,900  to 
$2,300.  St.  188G,  c.  251.  In  Hampshire  from  $1,200  to  $1,600.  St. 
1887,  c.  211.  In  Franklin  from  $1,100  to  $1,600.  St.  1888.  c.  Go.  In 
Hampden  from  $1,600  to  $2,500.  St.  1889,  c.  30.  In  Middlesex  from 
$3,000  to  $5,400.  St.  1889,  c.  303.  In  Bristol  from  $2,000  to  $2,800. 
St.  1889,  c.  339. 

Sect.  15.  The  sessions  of  the  county  commissioners  in  Berkshire  are 
changed  from  the  first  Tuesday  of  April,  July  and  September,  and  the  last 
Tuesday  of  December,  to  the  first  Tuesday  of  January,  April,  July  and 
October.     St.  1883,  c.  63. 

Sect.  22.  They  may  appoint  one  of  their  number  clerk  pro  te'}npore  of 
their  board.     St.  1890,  c.  198. 

Sect.  26.  This  section,  giving  the  right  to  act  on  certain  matters  at 
other  times  than  regular  meetings,  is  limited  to  the  regular  commissioners  ; 
and  is  made  expressly  applicable  to  the  issuing  of  orders  of  notice.  St. 
1885,  c.  91. 

CHAPTER  23. 

OF  COUNTY  TREASURERS  AND  COUNTY  FINANCES. 

Sect.  1 .  County  treasurers  except  in  Suffolk  shall  be  sworn  before  the 
county  commissioners  and  a  record  thereof  made.     St.  1890,  c.  308. 

Sect.  2.  The  salary  of  the  treasui-er  of  Hampden  couuty  is  raised  from 
$1,200  to  $1,500.  St.  1884,  c.  112.  And  of  Worcester  and  Essex  each 
from  $1,800  to  $2,200.  St.  1886,  cc.  132,  133.  Of  Middlesex  from  $1,800 
to  $2,500.  St.  1887,  c.  57.  Of  Hampshire  from  $600  to  $800.  St.  1887, 
c.  159.  Of  Bristol  from  $1,500  to  $1,800.  St.  1889,  c.  16.  Of  Berk- 
shire from  $1,200  to  $1,500.  St.  1889,  c.  58.  Of  Plymouth  from  $1,000 
to  $1,200.  St.  1889,  c.  260.  Of  Berkshire  from  $1,600  to  $2,500.  St. 
1890,  c.  133.     Of  Norfolk  from  $1,200  to  $1,400.     St.  1890,  c.  143. 

The  treasurer  of  Middlesex  county  is  allowed  $500  for  clerical  assist- 
ance.    St.  1889,  c.  85.     And  of  Essex,  $400.     St.  1889,  c.  310. 

Sects.  6  et  seq.  The  chief  otlicer  having  charge  of  jails,  houses  of  cor- 
rection, truant  schools  or  other  county  public  institutions  shall  keep  an 
invoice  book,  in  which  shall  be  entered  all  bills  for  supplies.  St.  1890, 
c.  296. 


Table  or  Changes.  (jQ5 

Sect.  7.  County  treasurers  may  not  pay  orders  unless  certilied  by  the 
clerk  of  the  county  commissioners  nor  unless  -the  original  bills,  vouchers 
or  evidences  are  delivered  with  the  order  ;  this  applies  to  vouchers  for 
services  incidental  to  sittings  of  the  supreme  and  superior  courts  under 
c.  153,  §  23.  The  clerk  shall  certify  no  orders  until  they  are  recorded. 
St.  1890,  c.  206. 

Sect.  28.  The  particulars  of  the  annual  published  statements  are  defined 
and  the  number  to  be  distributed  is  increased.     St.  1890,  c.  141. 

The  board  of  examiners  need  not  certify  to  the  correctness  of  the  state- 
ments. The  controller  of  accounts  shall  make  the  examination  and  certify 
on  the  cash  book  the  amount  of  the  balance.     St.  1890,  c.  380. 

Sect.  30.  This  section  which  requires  an  annual  return  by  the  treasurer 
to  the  state  auditor,  is  repealed.     St.  1890,  c.  380,  §  2. 

Sects.  36,  37,  38,  39.  These  sections,  w^hich  require  the  savings  bank 
commissioners  to  examine  the  accounts  of  certain  county  officers,  are 
repealed.     St.  1887,  c.  438,  §  8. 

CHAPTER  24. 

OF  registp:rs  of  deeds. 

Sect.  5.  Worcester  county  is  divided  for  registry  purposes,  and  Fitch- 
burg,  Lunenburg,  Leominster,  Westminster  and  Ashburnhara  are  made  the 
northern  district,  and  provision  is  made  for  the  appointment  of  a  register 
and  the  transfer  of  papers.     St.  1884,  c.  40. 

Sect,  6.  Registers  of  deeds,  except  in  Suffolk,  shall  be  sworn  before 
the  county  commissioners  and  a  record  thereof  made.     St.  1890,  c.  308. 

Sect.  9.  Women  may  be  appointed  to  the  office  of  assistant  register  of 
deeds.     St.  1885,  c.  7. 

Sect.  22.  After  January  1,  1886,  the  indexes  in  registries  of  deeds, 
except  Suffolk,  shall  have  a  new  column,  in  which  shall  be  entered  the 
towns  in  which  the  lauds  lie.     St.  1885,  c.  29. 

CHAPTER  25. 
OF  SHERIFFS. 

Sect.  20.  Writs  or  processes  in  favor  of  as  well  as  against  a  sheriff  are 
to  be  so  served.     St.  1885,  c.  75. 

Sect.  22.  The  sheriff  of  Dukes  county  is  given  the  fees  in  addition  to 
bis  salary.    St.  1884,  c.  209.    And  the  sheriff  of  Nantucket.    St.  1886,  c.  28. 

The  salary  of  the  sheriff  of  Berkshire  county  is  raised  from  $1,000  to 
$1,600.  St.  1887,  c.  58.  Of  Essex  from  $1,800  to  $2,000.  St.  1887, 
c.  164.  Of  Middlesex  from  $2,000  to  $2,500.  St.  1888,  c.  95.  Of 
Suffolk  from  82,500  to  $3,000.  St.  1888,  c.  228.  Of  Worcester  from 
$2,000  to  $2,500.  St.  1888,  c.  244.  Of  Hampden  from  $1,250  to  $1,500. 
St.  1889,  c.  38. 

CHAPTER  26. 
OF  MEDICAL   EXAMINERS. 

Sect.  2.  A  new  district  is  made  in  Franklin  county,  for  which  a  new 
examiner  is  to  be  appointed.     St.  1884,  c.  321. 


GGG  Public  Statutes. 

In  Plymouth  the  number  of  medical  examiners  and  districts  is  increased 
from  four  to  five.     St.  1886,  c.  74. 

Sect.  9.  The  fees  of  medical  examiners  are  increased.  St.  1885,  c. 
379,  §  1. 

The  salary  of  the  medical  examiners  in  Suffolk  is  increased  from  $3,000 
to  $4,000.     St.  1890,  c.  213. 

Sect.  11.  A  report  of  each  autopsy  is  to  be  filed  with  the  district 
attorney,  with  a  certificate  that  it  was  necessary.  Except  in  Suffolk,  the 
district  attorney  must  certify  that  it  was,  in  his  opinion,  necessary,  before 
the  fee  can  be  paid.     St.  1885,  c.  379,  §  7. 

Sects.  13,  14,15.  Where  the  accident  occurred  on  a  railroad  a  verbatim 
report  of  the  evidence  shall  be  made  and  sworn  to,  at  the  expense  of  such 
road.     St.  1888,  c.  365. 

In  cases  of  fatal  accident  on  horse  railroads,  a  verbatim  report  of  the 
evidence  is  to  be  made  in  the  same  way.     St   1889,  c.  154. 

Sect.  14.  The  fees  as  witnesses  of  salaried  officers  are  regulated.  St. 
1890,  c.  440. 

Sect.  20.  Provision  is  made  for  the  disposition  of  the  body.  St.  1887, 
c.  310. 

Sect.  24.  Certificates  are  no  longer  to  be  made  to  the  treasurer  of  the 
Commonwealth.     St.  1887,  c.  310. 

Sect.  25.  Special  justices  of  police,  district  or  municipal  courts  who 
receive  compensation  only  under  P.  S.,  c.  154,  §  26,  are  given  the  same 
fees  at  inquests  as  trial  justices.     St.  1885,  c.  40. 

The  same  fees  are  allowed  to  witnesses  and  officers  at  inquests  as  in 
criminal  prosecutions  before  trial  justices.     St.  1883,  c  61. 

The  fees  of  the  witnesses  are  fixed.     St.  1885,  c.  379,  §  2. 

Sect.  26.  A  yearly  report  to  the  secretary  of  the  Commonwealth  is 
required,  for  which  the  examiner  is  given  a  fee.  The  secretary  reports  the 
tabular  results  of  the  returns  to  the  legislature  with  the  return  of  births, 
deaths  and  marriages.     St.  1885,  c.  379,  §§  3,  4,  5,  6. 


CHAPTER   27. 
OF  TOWNS   AND  TOWN   OFFICERS. 

Towns  and  cities  may  devote  a  part  of  their  territory  to  the  preservation 
and  culture  of  forest  trees  for  the  wood  and  timber  or  the  preservation  of 
their  water  supply.  They  may  take  or  purchase  land.  The  State  board  of 
agriculture  is  given  charge  of  such  lands.  The  town  or  city  may  erect 
thereon  buildings  for  instruction  or  recreation  and  borrow  money.  St.  1882, 
0.  255. 

Towns  and  cities  may  lay  out  public  parks  and  take  lands  therefor,  assess 
betterments  and  borrow  money.     St.  1882,  c.  154. 

Towns  and  cities  may  by  their  officers  contract  for  the  disposal  of  gar- 
bage, refuse  and  offal.     St.  1889,  c.  377. 

Towns  may  employ  counsel  at  hearings  before  committees  of  the  legis- 
lature.    St.  1889,  c.  380. 

Sects.  2-6.  Provision  is  made  for  the  definition  and  preservation  of 
town  boundary  lines.     Changes  may  be  recommended  by  the  commissioners 


Table  of  Changes.  GG7 

on  tlie  topographical  survej'.  liouads  may  be  obliterated,  removed  or  cov- 
ered up  in  the  legitimate  occupation  of  laud  with  the  consent  of  the  county 
connnissiouers.     St.  18S8,  c.  o3G. 

Sect.  D.  Any  town  or  city  may  lease  public  buildings,  except  school- 
houses,  to  the  Grand  Army  for  a  period  not  exceeding  five  years.  St.  1885, 
c.  GO. 

Skct.  10.  Towns  may  vote  money  for  erecting  headstones  or  other 
monuments  for  soldiers  or  sailors  in  the  national  wars,  and  for  keeping  the 
same  in  repair.     St.  1884,  c.  42. 

The  monuments  which  may  be  kept  in  repair  or  decorated  need  no  longer 
be  within  the  limits  of  the  town.     St.  1886,  c.  76. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service  law. 
St.  1887,  c.  345. 

Sect.  11.  A  town  may  also  appropriate  money  to  celebrate  the  two 
hundred  and  fiftieth  anniversary  of  its  incorporation.     St.  1880,  c.  21. 

Sect.  12.  A  city  or  town  may  raise  fift}'  cents  instead  of  twenty-five 
cents  for  each  poll,  to  be  expended  in  planting  or  the  encouragement  of  the 
planting  of  shade  trees.     St.  1885,  c.  123,  §  1. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  taxed  or  allowed 
unless  it  shall  appear  by  the  ofilcer's  return  that  the  defendant  was  actually 
detained  in  the  lock-up.     St.  1890,  c.  166. 

Sects.  44,  45,  46,  47,  48,  49,  with  reference  to  telegraph  wires,  shall  also 
apply  to  wires  for  electric  light.     St.  1883,  c.  221. 

Sects.  52-63.  The  laws  relating  to  town  meetings,  moderators  and  the 
election  of  town  officers  are  revised.     St.  1890,  c.  423. 

Sects.  64  et  seq.  In  towns  which  adopt  the  act,  town  officers  shall  be 
elected  by  the  Australian  S3'stem  of  balloting.     St.  1890,  c.  386. 

Sect.  65.  A  town  may  elect  three,  five,  seven  or  nine  assessors,  the 
term  of  office  being  three  years,  and  part  going  out  each  year  ;  or  four 
assessors,  the  term  being  two  years,  and  half  going  out  each  year.  St. 
1883,  c.  203,  §  1. 

Sect.  69.  It  may  in  the  same  way  choose  three,  five,  seven  or  nine  over- 
seers of  the  poor.     St.  1883,  c.  203,  §  2. 

Women  are  eligible  as  overseers  of  the  poor.     St.  1886,  c.  150. 

Sects.  74,  75,  76,  77.  In  towns  which  have  not  accepted  these  sections 
or  St.  1875,  c.  158,  the  selectmen  shall  appoint  a  superintendent  of  streets, 
removable  b}'  them,  whose  duties  are  defined  and  whose  compensation  is 
fixed  by  the  selectmen  of  the  town.     St.  1889,  cc.  98,  178. 

Sect.  78.  Towns  must  elect  auditors.  The  election  must  be  by  ballot. 
They  shall  have  access  to  the  books  at  least  once  a  mouth.  Sts.  1886, 
c.  295;  1888,  c.  221  ;   1889,  c.  191. 

Where  the  office  of  auditor  becomes  vacant,  the  remaining  auditor  or 
auditors  perform  the  duties.  If  there  are  none  the  selectmen  appoint. 
St.  1890,  c.  254. 

Sects.  95  et  seq.  City  find  town  clerks  must  give  bonds  to  account  for 
money  received  for  dog  licenses.     St.  1888,  c  320. 

Sect.  102.  The  oath  is  modified  in  form  and  must  be  taken  by  assessors, 
assistant  assessors  and  other  persons  chosen  to  aid  in  assessing.  St.  1885, 
c.  355. 


668  Public  Statutes. 

Sect.  104.  The  penalty  is  extended  to  all  the  persons  required  to  take 
the  oath.     St.  1885,  c.  355,  §  2. 

Every  assessor  who  fraudulently  fixes  the  valuation  at  less  or  more  than 
its  fair  cash  value  is  punished.     St.  18S5,  c.  355,  §  3. 

Sects.  112  et  seg.  Towns  must  return  the  names  of  constables  to  the 
clerks  of  the  courts  of  their  respective  counties  within  seven  days  after 
they  qualify.     St.  1889,  c.  384. 

CHAPTER  28. 
OF   CITIES. 

"  Maj'or  and  aldermen"  shall  mean  board  of  aldermen,  unless  other  pro- 
vision is  made  and  except  in  case  of  appointments.     St.  1882,  c.  164. 

In  case  of  death,  resignation,  absence  or  inability  of  the  mayor,  the  office 
devolves  on  the  chairman  of  the  board  of  aldermen,  if  any,  then  on  the 
president  of  the  common  council.  Such  officer  is  styled  acting  mayor. 
He  can  make  no  permanent  appointments.     St.  1882,  c.  182. 

An}' person  elected  mayor,  alderman,  common-councilman  or  member  of 
the  school  committee  shall  be  notified  of  his  election  by  the  board  of  alder- 
men within  seven  days  after  the  result  is  declared ;  and  if  elected  at  a 
special  election,  he  shall  not  act  until  such  notice  has  been  issued.  St.  1885, 
c.  159. 

Cities  may  indemnify  a  police  officer  for  damages  sustained  while  acting 
as  such,  or  for  expenses  incurred  iu  the  defence  or  settlement  of  any  suit 
brought  against  him  for  acts  done  while  so  acting.     St.  1888,  c.  379. 

The  police  of  any  city  except  Boston,  which  accepts  this  act  shall  hold 
office  during  good  behavior  and  until  removed  by  the  mayor  after  hearing. 
St.  1890,  c.  319. 

Cities  may  by  ordinance  prescribe  that  all  fees,  charges  and  commissions 
of  every  description  allowed  by  law  to  the  city  clerk,  treasurer,  collector 
of  taxes  or  any  other  official  shall  be  paid  into  the  treasury.  St.  1888, 
c.  308. 

Any  city  may  expend  money  for  watering  its  public  streets  and  authorize 
its  aldermen  to  assess  on  abutters  a  part  of  the  expense.  St.  1890,  c. 
365. 

Sect.  6.  One  of  several  items  in  an  ordinance  or  vote  involving  the 
appropriation  of  money  or  the  raising  of  a  tax  may  be  separately  vetoed. 
St.  1885,  c.  312,  §  3. 

Sect.  7.  "Where  the  maj'or  presides  in  the  board  of  aldermen,  he  has  no 
vote  there  or  in  joint  convention.     St.  1882,  c.  180. 

Sects.  14,  15,  16.  Provision  is  made  for  a  new  division  of  wards  in 
cities.     St.  1888,  c.  437. 

Sects.  14,  15,  16  are  repealed.     St.  1888,  c.  437,  §  6. 

All  new  divisions  of  wards  and  precincts  made  under  this  section  since 
May  1,  1885,  are  abolished.     St.  1886,  c.  283. 

Sect.  23.  No  member  of  the  city  council  is  eligible  during  his  term  of 
office  to  any  office  by  appointment  or  election  of  the  city  council  or  either 
branch  thereof,  the  salary  of  which  oHice  is  paid  from  the  city  treasury. 
St.  1886,  c.  117. 


Table  of  Changes.  GG9 

Skct.  25.  The  selectmen  of  toTvns  may  make  rules  for  the  regulation  of 
carriages  and  other  vehicles  as  mayors  and  aldermen  of  cities  may  now  do. 
St.  1885,  c.  107. 

CHAPTER  29. 
OF  MUNICIPAL  INDI:BTEDNESS. 

Sect,  4.  The  limit  of  city  debts  is  reduced  from  three  per  cent,  to  two 
and  one-half  per  cent.  St.  1885,  c.  312.  But  certain  cities  are  exempt. 
Holvoke.  St.  1886,  c.  178.  And  Newburyport  in  part.  St.  1886,  c.  254. 
And  Boston  in  part.  Sts.  1886,  c.  304;  1889,  c.  68;  St.  1890,  cc.  271, 
444.  And  Lynn.  Sts.  1889,  c.  172  ;  1890,  cc.  203,  258.  And  Brockton. 
Sts.  1889,  c.  176;  1890,  c.  142.  Worcester.  St.  1889,  c.  157.  And 
Lowell.     St.  1890,  cc.  120,  121.     And  Marlborough.     St.  1890,  c.  135. 

Sect.  6.  Temporary  loans  can  hereafter  be  made  only  in  anticipation 
of  the  taxes  of  the  current  municipal  year.  Sts.  1885,  c.  312,  §  4  ;  1889, 
c.  372. 

Sects.  7,  8.  Towns  and  cities  which  have  incurred  or  shall  incur  a  debt 
may  issue  bonds,  notes  or  scrip  therefor,  with  interest  at  a  rate  not  exceed- 
ing six  per  cent,  per  annum,  and  sell  the  same.     St.  1884,  c.  129. 

Fitchburg  is  permitted  to  issue  bonds  or  notes  running  twenty  years. 
St.  1889,  c.  166. 

Sect.  9.  A  fixed  annual  appropriation  may  be  provided  as  a  substitute 
for  a  sinking  fund.     St.  1882,  c.  133. 

CHAPTER  30. 
OF  AID  TO  SOLDIERS  AND  SAILORS  AND  TO  THEIR  FAMILIES 

The  treasurer  may  receive  and  pay  over  any  sums  authorized  to  be  paid 
by  any  act  of  congress  for  the  soldier's  home.     St.  1890,  c.  373. 

Three  thousand  dollars  shall  be  paid  to  the  council  of  administration  of 
the  Grand  Army  of  the  Republic  for  expenses  incurred  by  them  in  securing 
pensions,  bounties  or  back  pay  and  for  temporary  relief  for  soldiers  and 
sailors.     St.  1888,  c.  396,  §  4. 

The  law  as  to  State  aid  is  revised  and  extended.     St.  1889,  cc.  279,  301. 

Soldiers  who  are  unable  to  support  themselves,  their  wives  and  children 
under  the  age  of  sixteen,  and  the  widows  of  such  soldiers,  are  to  be  sup- 
ported under  the  name  of  soldier's  relief.  They  are  not  required  to  receive 
such  relief  at  an  almshouse  or  public  institution,  except  in  certain  cases. 
St.  1890,  c.  447. 

Provision  is  made  for  the  burial  of  deceased  indigent  soldiers,  sailors  or 
marines.     St.  1889,  c.  395. 

Aid  for  soldiers  may  be  entrusted  to  Grand  Army  Posts  for  distribution. 
St.  1885,  c.  189. 

Sect.  1.  The  limit  of  salary  of  the  third  commissioner  of  state  aid  is 
raised  from  81,500  to  $1,800.     St.  1889,  c.  279,  §  9. 

An  agent  is  to  be  appointed  for  the  settlement  of  pension,  bounty  and 
back  pay  claims.  He  is  furnished  an  office,  clerical  assistance  and  his 
travelling  expenses.     His  duties  are  defined.     St.  1888,  e.  396,  §§  1,  2,  3. 


670  Public  Statutes. 


CHAPTER  31. 

OF  THE  CENSUS,  THE  BUREAU  OF  STATISTICS  OF  LABOR  AND  THE 
BOARD  OF  SUPERVISORS  OF  STATISTICS. 

Useless  x-ecords,  schedules  and  papers  accumulating  iu  the  bureau  of 
statistics  of  labor  may  be  destroyed.     St.  1887,  c  43. 

Sects.  1-12.  These  sections  relating  to  the  State  census  are  revised. 
St.  1884,  c.  181. 

Certain  statistics  as  to  manufactures  are  to  be  collected  annually  by  the 
bureau  of  statistics  of  labor,  and  abstracts  are  to  be  published  and  dis- 
tributed.    St.  1886,  c.  174. 

Sects.  13,  15.  The  chief  of  the  bureau  of  statistics  of  labor  is  given  a 
second  clerk  at  $1,300  per  year.     St.  1884,  c.  4. 

The  salary  of  the  first  clerk  is  increased  from  $1,500  to  $1,800  and  of 
the  second  clerk  from  $1,300  to  $1,500.     St.  1888,  c.  115. 

Sect.  133.  The  publication  of  parts  of  the  report  of  the  chief  is  pro- 
vided for.     St.  1890,  c.  97. 

CHAPTER   32. 

OF    THE    REGISTRY    AND    RETURN    OF    BIRTHS,   MARRIAGES    AND 

DEATHS. 

Returns  of  deaths  and  births,  where  the  deceased  person  or  the  parents 
of  the  child  were  resident  in  some  other  town,  must  be  made  to  such  town 
and  recorded  there.     St.  1889,  c.  208. 

Sect.  1 .  In  the  records  of  burials,  if  the  deceased  was  a  married  woman, 
the  name  of  her  husband  is  to  be  entered.     St.  1887,  c.  202,  §  5. 

The  maiden  name  of  the  deceased,  if  she  was  a  married  woman, 
and  the  maiden  name  of  the  mother  are  also  to  be  stated.  St.  1890, 
c.  402. 

Sect.  3.  The  words  which  require  the  request  for  a  certificate  of  the 
death  to  be  made  within  fifteen  days  are  stricken  out.     St.  1888,  c.  63. 

The  certificate  must  also  state  to  the  best  of  the  physician's  knowledge 
and  belief,  the  name  of  the  deceased  and  his  age.  The  request  for  it  is  no 
longer  limited  to  fifteen  days.  The  penalty  for  neglect  to  furnish  it  is 
increased.     St.  1888,  c.  306. 

If  the  person  deceased  was  a  soldier  or  sailor  in  the  war  of  the  rebellion 
the  physician  shall  give  both  the  primary  and  secondary  or  immediate  cause 
of  death.     St.  1889,  c.  224. 

Sect.  4.  The  returns  of  sextons  and  undertakers  shall  be  preserved, 
filed,  arranged  and  indexed  conveniently  for  examination  and  reference. 
St.  1887,  c.  202. 

Sect.  5.  This  section  which  provides  for  permission  for  the  removal 
or  burial  of  human  bodies  is  revised  and  changed.     St.  1888,  c  306,  §  2. 

A  certificate  approved  by  the  board  of  health,  where  there  is  one,  is 
required  before  the  removal  of  bodies  as  well  as  before  burial.  St.  1883, 
c.  124,  §  1. 

No  body  of  a  person  dying  from  certain  diseases  can  be  transported 
unless  securely  encased ;  and  no  permit  to  remove  can  be  given  until  the 


Table  of  Changes.  671 

board  of  health  or  selectmen  have  given  a  certificate  stating  the  cause  of 
death  and  that  the  bod}'  has  been  so  encased.  The  certificate  goes  with 
the  body.     St.  1883,  c.  124,  §  2. 

A  fine  is  imposed  for  violations  of  St.  1883,  c.  124,  §  2.     St.  1887,  c.  335. 

Sect.  7.  Phj'sicians  and  midvvives  are  required  to  report  additional  facts 
and  are  given  a  fee  of  twenty-five  cents.     St.  1883,  c.  158. 

They  must  return  monthly  a  list  of  births  in  Boston  to  the  city  clerk  as 
in  other  cities  and  towns.     St.  1889,  c.  288. 

CHAPTER   33. 

OF  WORKHOUSES  AND  ALMSHOUSES. 

No  person  whose  insanity  has  continued  less  than  twelve  months  can  be 
detained  in  an  almshouse  without  remedial  treatment.     St.  188G,  c.  319,  §  3. 

CHAPTER   35. 

OF  FIRES,   FIRE  DEPARTMENTS   AND   FIRE   DISTRICTS. 

.  Sect.  1 .  Forest  fire-wards  are  to  be  appointed.  Their  duties  are  de- 
fined.    St.  1886,  c.  296,  §§  2,  3. 

Sect.   10.     These  returns  shall  include  forest  fires.     St.  1886,  c.  296,  §  4. 

Sects.  10,  11.  These  sections  requiring  returns  of  fires  are  repealed. 
St.  1888,  c.  199,  §  3.     See  St.  1889,  c.  451,  §  8. 

Sects.  28  e^  seg.  Fire  departments  must  be  equipped  with  certain  appa- 
ratus for  the  saving  of  lives  at  fires.  The  proper  authorities  of  the  depart- 
ment must  see  that  the  apparatus  is  kept  in  good  condition  and  ready  for 
immediate  use  and  that  firemen  are  trained  in  handling  it.     St.  1888,  c.  310. 

Sect.  29.  The  selectmen  may  remove  engineers  after  notice  and  hearing. 
St.  1886,  c.  113. 

Sect.  35.  Violations  of  rules  established  by  boards  of  engineers  are 
punished.     St.  1888,  c.  220. 

CHAPTER   36. 

OF  FENCES   AND   FENCE  VIEWERS,  POUNDS   AND   FIELD   DRIVERS. 

Sects.  1-19.  Certain  fences  and  other  like  structures  maliciously  erected 
are  declared  private  nuisances.     St.  1887,  c.  348. 

CHAPTER  — . 
OF   THE   CIVIL  SERVICE. 

The  appointment  of  officers  in  the  government  of  the  Commonwealth  and 
of  the  cities  is  regulated.     St.  1884,  c.  320. 

The  salary  of  the  secretary  of  the  civil  service  commission  is  increased 
from  $1,200  to  $2,000.     Sts.  1888,  c.  41  ;  1889,  c.  177. 

The  salary  of  the  chief  examiner  of  the  civil  service  commission  is 
increased  from  $2,500  to  $3,000.     St.  1889,  c.  351. 

The  copy  of  the  rules  or  changes  need  be  sent  only  to  the  mayors  of 


G72  Public  Statutes. 

cities  to  which  such  rules  or  changes  therein  relate  and  be  published  in  one 
or  more  newspapers.     St.  1888,  c.  253. 

The  clause  of  St.  1884,  c.  320,  §  4,  which  requires  the  immediate  dis- 
charge of  any  person  convicted  of  the  violation  of  an}'  law  of  the  State,  is 
repealed.     St.  1888,  c.  334. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service 
law.     St.  1887,  c.  345. 

The  statements  of  the  application  must  be  made  under  oath.  St.  1889, 
c.  183. 

Engineers  and  others  having  charge  of  steam  boilers  in  Boston  are  put 
under  the  civil  service  rules.     St.  1889,  c.  352. 

Honorably  discharged  soldiers  and  sailors  are  given  an  absolute  right  to 
appointment  in  preference  to  others  who  have  not  a  higher  standing  upon 
the  eligible  list.     Sts.  1887,  c.  437  ;  1889,  e.  473. 

The  tenure  of  office  of  all  officers  appointed  by  the  governor  and  council, 
except  when  otherwise  specially  provided  by  law,  continues  until  their 
successors  are  appointed.     St.  1887,  c.  364. 

CHAPTER   37. 
OF   THE   PUBLIC   RFXORDS. 

Clerks  of  towns  and  cities  shall  keep  indexes  of  instruments  recorded,  in 
the  form  here  provided.     St.  1885,  c.  190. 

Sect.  3.  Tlie  county  commissioners  must  furnish  additional  accommo- 
dations when  required  by  a  justice  of  the  supreme  court.     St.  1886,  c.  207. 

Sect.  5.     Records  of  births  may  also  be  copied.     St.  1887,  c.  202. 

Sect.  15.  The  clerk  of  the  city  or  town  is  required  to  demand  the 
records  of  churches  or  religious  societies  which  have  ceased  to  exist.  St. 
1890,  c.  227. 

Sect.  16.  The  removal  or  mutilation  of  records  of  the  Commonwealth 
is  also  forbidden.     St.  1890,  c.  392. 

CHAPTER   38. 
OF  PARISHES   AND  RELIGIOUS   SOCIETIES. 

Religious  societies  shall  not  assess  taxes  except  upon  their  pews.  St. 
1887,  c.  419. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  c  326. 

Provision  is  made  for  the  incorporation  of  churches.     St.  1887,  c  404. 

Sect.  21  is  repealed.     St.  1887,  c.  419. 

Sect.  43.  This  section,  defining  the  powers  of  officers  of  the  Protestant 
Episcopal  Church,  is  extended  to  the  Reformed  Episcopal  Church.  St. 
1886,  c.  239. 

CHAPTER  39. 

OF  DONATIONS  AND   CONVEYANCES   FOR  PIOUS  AND   CHARITABLE 

USES. 

Sects.  1,  2.  Churches  or  religious  societies  may  appoint  trustees  who, 
with  their  successors,  shall  be  a  body  corporate  for  the  purposes  of  this 
section.     St.  1884,  c.  78. 


Table  of  Changes.  673 

CHAPTER   40. 
OF   LIBRARY   ASSOCIATIONS. 

Skct.  G.  The  amount  which  may  be  paid  to  the  county  law  libraries  is 
increased  from  §1,500  to  $2,000.     St.  1882,  c.  246. 

Sects.  10  et  seq.  The  election,  power  and  duties  of  trustees  of  free 
public  libraries  or  of  free  public  libraries  and  reading  rooms  in  tOAvns  is 
regulated.     St.  1888,  c.  304. 

A  board  of  library'  commissioners  shall  be  appointed.  They  may  advise 
existing  public  libraries  and  assist  to  a  limited  extent  the  formation  of  new 
ones.     St.  1890,  c.  o47. 

The  limitation  of  the  number  of  trustees  to  nine  is  repealed.  "Where  a 
town  has  heretofore  elected  the  trustees  in  the  way  provided  they  serve 
until  the  expiration  of  their  terms.     St.  1889,  c.  112. 

CHAPTER  41. 
OF   THE   BOARD   OF   EDUCATIOX. 

Sect.  8.  The  salary  of  the  secretary  of  the  board  of  education  is  raised 
from  82,500  to  83,000.     St.  1885,  c  227. 

Sects.  16,  17.  The  board  also  supervises  the  pupils  in  the  Perkins  insti- 
tution and  Massachusetts  school  for  tiie  blind.     St.  1885,  c.  118. 

Sect.  16.  This  section,  which  provides  for  the  instruction  of  deaf 
mutes  at  the  public  expense,  is  revised  and  extended.     St.  1888,  c.  239, 

The  free  instruction  of  deaf  mutes  or  deaf  children  may  be  continued 
beyond  ten  years.     St.  1889,  c.  226. 

CHAPTER   43. 
OF  THE   SCHOOL  FUNDS. 

Sect.  3.  The  distribution  of  the  half  of  the  school  fund  not  specifically 
appropriated  is  changed,  increasing  the  amount  given  to  the  smaller  towns. 
St.  1884,  c.  22. 

Sect.  12.  An^Miioney  received  from  the  general  government,  the  dis- 
position of  which  is  not  otherwise  provided  for,  shall  be  paid  into  the 
school  fund.  Premiums  on  securities  purchased  for  the  funel  may  be  paid 
from  the  treasury.     St.  1890,  c.  335. 

CHAPTER  44. 
OF   THE   PUBLIC   SCHOOLS. 

The  last  regular  session  prior  to  Memorial  day  must  be  devoted  to  exer- 
cises of  a  patriotic  nature.     St.  1890,  c.  111. 

Sect.  1.  The  use  of  hand  tools  may  be  taught,  if  deemed  expedient. 
The  tools  are  to  be  furnished  by  the  town  and  loaned  to  the  scholars.  St. 
1884,  c.  69. 


674  PuBiJC  Statutes. 

Sect.  2.  Towns  and  cities  of  over  ten  thonsand  inhabitants  must  main- 
tain evening  schools,  with  certain  studies.  The  terms,  hours  and  regula- 
tions are  fixed  by  the  school  committee.     St.  1883,  c.  174. 

Notice  must  be  given  of  the  opening  of  the  evening  schools.  St.  1887, 
c.  433,  §  4. 

Plj^'siology  and  hygiene,  including  special  instruction  as  to  the  effects  of 
alcoholic  drinks,  stimulants  and  narcotics  on  the  human  system,  must  be 
taught  in  the  public  schools.     St.  1885,  c.  332. 

Skcts.  1,  2.  Cities  of  over  fifty  thousand  inhabitants  must  maintain 
evening  high  schools  when  requested  by  fifty  persons  intending  to  be 
students.     St.  18SG,  c.  236. 

Sect.  28.  Teachers  after  a  service  of  one  year  may  be  elected  to  serve 
during  the  pleasure  of  tlie  committee.     St.  1886,  c.  313. 

Sect.  36.  Text-books  and  school  supplies  are  hereafter  to  be  purchased 
and  loaned  to  the  pupils.     St.  1884,  c.  103. 

vSects.  37,  38.  The  sum  due  to  the  town  for  school  books  may  be 
abated  as  in  the  case  of  taxes.     St.  1885,  c.  67. 

Sects.  35-40  are  repealed  and  school  committees  may  procure,  at  the 
expense  of  the  city  or  town,  an  appropriation  having  been  previously  made 
therefor,  such  apparatus,  books  of  reference  and  other  means  of  illustration 
as  they  deem  necessary.     St.  1885,  c.  161. 

Sects.  43-45.  Small  towns  may  unite  to  employ  a  superintendent  of 
schools  and  then  receive  assistance  from  the  State.  Section  43  respecting 
the  service  of  school  committees  without  pay  in  towns  where  a  superin- 
tendent is  ai)pointed  shall  not  apply.     St.  1888,  c.  431. 

The  sum  wiiich  may  be  appropriated  to  aid  small  towns  is  increased  from 
612,500  to  $27,000.  "  St.  1890,  c.  379. 


CHAPTER  45. 
OF    SCHOOL    DISTPJCTS. 

The  school  district  system  was  abolished  on  January  1,  1883,  and  the 
affairs  of  the  districts  are  to  be  closed.     St.  1882,  c.  219. 

Sect.  8.  Towns  are  given  the  right  to  sue  or  defend  for  abolished  school 
districts.     St.  1884,  c.  122. 

CHAPTER  47. 
OF   THE   ATTENDANCE   OF   CHILDREN   IX   THE   SCHOOLS. 

Sect.  1.  The  excuse  of  poverty  and  the  provision  as  to  half  time 
schools  are  struck  out.  The  instruction  obtained  must  be  in  tlie  branches 
required  by  law  to  be  taught  in  the  public  schools.  St.  1889,  c.  464, 
§   1. 

Sect.  1.  The  required  attendance  at  public  schools  is  increased  from 
twent}'  to  thirty  weeks.  The  penalty  shall  be  recovered  on  complaint  of 
the  school  committee  or  truant  ollicer.     St.  1890,  c.  384. 

Sect.  2.  Teaching  in  all  the  studies  required  by  law  must  be  in  the 
English  language,  instead  of,  in  all  studies.     St.  1889,  c.  464,  §  2. 

Sect.   9.     No  child  can  attend  school  while  any  person  in  its  family  is 


Table  of  Cfiaxges.  675 

sick  witli  sniall-itox.  (li[)litlioria  or  scarlet-fever,  or  until  two  weeks  fifter 
lii.s  recovery.     8t.  188  t,  c.  64. 

Nor  after  recovery  witliout  a  certificate  from  tUe  attending  physician  or 
board  of  healtii.     St.  1885,  c.  198. 


CHAPTER  48. 

OF  THE  E.MPI.OY.MEXT  OF  CHILDREN  AND  REGULATIONS  RESPECT- 
ING  THEM. 

Si-:CT.  1 .  No  minor  shall  be  emplo3^ed  to  sell  papers  devoted  to  criminal 
news.     St.  1885,  c.  305. 

Sects.  l-G.  These  sections  are  repealed.  The  regulations  as  to  the 
employment  of  children  are  revised  and  extended  and  forms  established. 
St.  1888,  c.  348. 

The  emplo3niient  of  cliildren  who  cannot  read  and  write  the  English 
language  is  regulated.  Sts.  LS87,  c  433,  §§  2,  3,  4  ;  1888,  c.  348  ;  1889, 
c.  Lio. 

No  child  can  receive  the  certificate  unless  he  can  read  at  sight  and  write 
simple  sentences  in  the  English  language.     St.  1889,  c  291. 

The  application  for  a  permit  for  a  child  to  labor  under  St.  1887,  c.  433, 
must  be  made  before  the  opening  of  the  yearly  session  of  the  evening 
school  unless  he  furnishes  a  certificate  from  a  physician  that  he  has  been 
sick  or  injured  and  unable  to  attend  the  school.     St.  1890,  c.  48. 

The  age  and  schooling  certificates  belong  to  the  child  and  must  be  sur- 
rendered to  him       St.  1890,  c.  299. 

Street  railway  corporations  may  not  permit  children  under  ten  to  enter 
their  cars  to  sell  newspapers  or  otiier  articles.     St.  1889,  c.  229. 

Skcts.  1  et  seq.  The  sanitary  provisions  in  factories,  workshops,  mer- 
cantile or  other  establishments  and  offices  are  regulated.  The  expense 
may  be  recovered  of  other  persons  having  an  interest  in  the  premises  in 
certain  cases.     St.  1888,  c.  305. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

Uniform  and  proper  meal  times  must  be  allowed  for  children,  young  per- 
sons and  women  employed  in  certain  factories  and  workshops.  St.  1887, 
cc.  215,  330. 

The  words  used  in  statutes  relating  to  the  employment  of  labor  are 
defined.     St.  1887,  c.  103. 

Sect.  10.  Children  who  persistently  violate  the  reasonable  rules  and 
regulations  of  the  common  schools  also  fall  under  this  section.  The  clause 
allowing  the  judge  of  probate  to  approve  such  by-laws  is  omitted.  St.  1889, 
c.  249,  §  1. 

Sects.  10  et  seq.  Truants  may  be  apprehended  and  taken  to  school 
without  a  warrant.     St.  1889,  c.  422. 

Sect.  12.  Whoever,  after  notice,  hires,  entices  or  induces  any  child 
unlawfully  to  absent  himself  from  school,  or  hires,  employs  or  harbors  such 
absentee  or  truant,  is  punished.     St.  1885,  c.  71. 

This  section  is  amended  to  correspond  with  the  alteration  in  section  10. 
St.  1889,  c.  249,  §  2. 


G7G  Public  Statutes. 

Skcts.  13,  14.  The  couut}'  truant  school  shall  be  the  place  of  confine- 
ment of  all  truants  within  the  cities  or  towns  of  the  county  unless  said 
cities  or  towns  have  made  other  provision  therefor.  The  provisions  for 
county  and  union  truant  schools,  are  revised.     St.  1890,  c.  309. 

Sect.  14.  Three  or  more  cities  or  towns  in  each  of  two,  three  or  four 
contiguous  counties  may  require  the  establishment  of  a  union  truant  school, 
and  the  clause  with  reference  to  Norfolk,  Bristol,  Barnstable  and  Plymouth 
counties  is  repealed.     St.  1884,  c.  155. 

Sect.  18.  Poor  children  in  need  of  immediate  relief  are  to  be  provided 
for  by  the  board  of  lunac}'^  and  charity,  and  courts  maj^  commit  children 
who  are  growing  up  without  education  or  salutary  control,  or  who  are 
dependent  on  public  charity  to  such'  board,  if  they  have  no  settle- 
ment, or  to  the  overseers  of  the  poor  if  the}^  have  a  settlement.  St.  1882, 
c.  181. 

If  the  place  of  settlement  of  an}'  of  such  children  has  not  within  its  con- 
trol any  institution  in  which  they  may  be  lawfully  maintained  they  may  be 
committed  to  the  custody  of  the  board  of  lunacy  and  charity.  St. 
1888,  c.  248. 

A  complaint,  summons  to  the  parents  or  guardian  of  the  child,  a  hearing 
and  appeal,  and  the  custody  of  the  child  pending  the  proceedings,  are  pro- 
vided for.     St.  1886,  c.  330. 

If  any  parent  abandons  a  child  under  two  j'ears  old,  or  neglects  to  Sup- 
port it,  or  having  contracted  for  its  maintenance  fails  to  perform  such  con- 
tract he  is  punished.  Any  person  knowingly  and  with  wrongful  intent 
aiding  such  abandonment  is  also  punished.  Every  person  receiving  a  child 
under  one  year  old,  knowing  or  having  cause  to  believe  it  to  be  illegitimate, 
must  at  once  notify  the  overseers  of  tlie  poor.  The  parents  must  answer 
all  questions  as  to  its  residence,  parentnge  and  place  of  settlement,  and 
must  when  called  upon,  give  security  for  its  maintenance.  St.  1882, 
c.  270. 

Unreasonable  neglect  to  provide  for  the  support  of  a  wife  or  minor  child 
is  punished,  and  the  fine  ma}'  be  paid  to  the  corporation  or  person  actually 
then  supporting  them.  Sts.  1882,  c.  270,  §  4;  1884,  c.  210;  1885,  c. 
176. 

Sects.  18,  19.  Only  peisons  appointed  by  the  towns  and  the  officers 
and  agents  of  the  society  for  the  prevention  of  cruelty  to  children,  shall 
carry  into  effect  the  judgments  under  these  sections.     St.  1883,  c.  245. 

Sects.  '22  et  seq.  Whoever  abandons  an  infant  under  the  age  of  two 
years  is  punished.  Every  person  who  receives  an  infant  under  the  age  of 
one  year  must  try  to  ascertain  whether  it  is  illegitimate  and,  if  he  knows 
or  has  reason  to  believe  it  to  be  so,  must  notify  the  board  of  lunacy  and 
charity.  The  board  may  enter  any  building  where  they  have  reason  to 
suppose  that  such  child  is  and  take  the  custody  of  it  and  remove  it.  Per- 
sons receiving  infants  for  board  must  answer  the  questions  of  tlie  board. 
St.  1889,  c.  309. 

Boarding  houses  for  infants  under  the  age  of  five  years  must  be  licensed 
by  the  board  of  health.  Such  boarding  house  is  defined.  Infant  board- 
ing houses  must  be  visited  and  inspected.     St.'  1889,  c  416.  . 


Table  of  Changes.  677 


CHAPTER  49. 

OF  THE  LAYING  OUT  AND  DISCOXTIXrAXCE  OF  WAYS,  AND  OF 
I)A^L\{;KS  OCCASIONED  BY  THE  TAKING  OF  LAND  FOR  PUB- 
LIC  USE 

Laud  may  be  taken  for  parks.     St.  1882,  c.  L34:. 

In  the  first  section  of  the  Public  Park  Act  (St.  1882,  c.  154,)  tlie  clause 
prohibiting  a  "  selectman  or  other  officer  of  such  town"  from  being  a  park 
commissioner,  is  changed  to  read,  "  selectman,  or  treasurer  or  clerk  of  such 
town."     St.  18'JO,  c.  240. 

For  the  cultivation  of  trees.     St.  1882,  c.  255. 

The  improvement  of  public  grounds  or  open  spaces  in  streets  designated 
as  not  needed  for  public  travel,  may  be  given  to  corporations  organized  for 
the  purpose  who  shall  then  have  charge  thereof,  subject  to  the  direction  of 
the  selectmen  or  road  commissioners.  Any  wilful  injury  is  punished  by  a 
fine  which  goes  to  the  corporation.     St.  1885.  c.  157. 

Public  landing  places  already  existing  may  be  laid  out  and  defined. 
St.  1882,  c.  109. 

Sect.  18.  A  provision  is  inserted  i)roviding  for  the  pa^uuent  by  the 
trustee  of  any  rent  or  charge  to  the  reversioner  or  remainderman  and  the 
language  is  changed  in  other  respects.     St.  1883,  c.  253. 

Sect.  47.  The  pay  of  the  officer  who  attends  the  sheriff's  jury  is  raised 
from  one  dollar  and  one-half  to  four  dollars  per  day.     St.  1882,  c.  96. 

Sects.  84,  85,  86.  These  sections  -which  define  the  powers  of  the  street 
commissioners  of  Boston  are  revised.     St.  1888,  c.  397. 

Sect.  105.  Damages  for  land  taken  by  any  town  in  the  counties  of 
Nantucket  or  Dukes  county,  or  by  either  of  those  counties,  may  be 
assessed  by  a  jury  in  the  superior  court  in  Bristol  county.     1887,  c.  50. 

CHAPTER  50. 
OF   SEWERS,  DRAINS   AND   SIDEWALKS. 

vSect.  1.  Cities  and  towns  may  take  land  for  the  purification  and  dis- 
posal of  sewage.     St.  1890,  c.  124. 

The  board  of  health  may  require  every  building  on  a  public  or  private 
street,  court  or  passageway  in  which  there  is  a  public  sewer  to  be  connected 
with  it.     St.  1889,  c.  132. 

Any  town  may  authorize  its  board  of  health  to  make  and  enforce  con- 
nections with  public  sewers.     St.  1889,  c.  108. 

Sect.  5.  Land  sold  for  sewer  assessments  may  be  redeemed  as  if  sold 
for  taxes.     St.  1883,  c  145. 

The  lien  shall  continue  for  two  years  instead  of  one  year.  St.  1886, 
c.  210. 

CHAPTER  51. 

OF    BETTERMENTS    AND   OTHER    ASSESSMENTS    ON    ACCOUNT    OF 
THE   COST   OF   PUBLIC   l.MPROVEMENTS. 

The  betterment  act  is  extended  to  alterations  of  wa^'S  at  railroad  cross- 
ings.     St.  1884,  c.  280. 


G78  Public  Statutes. 

The  authorities  ma}'  agree  to  assume  betterments  for  streets  or  parks,  if 
the  laud-owner  will  release  damages.     St.  1884,  c  226. 

Betterments  bear  interest  after  thirty  da3's,  and  the  lien  continues  for  one 
year  after  the  determination  of  any  suit  to  test  their  validity.  St.  1884, 
c.  237. 

Notice  of  an  assessment  of  betterments  must  be  given  within  three 
months  to  persons  affected.     St.  1885,  c.  299. 

The  county  commissioners,  in  laying  out,  altering,  grading  or  discon- 
tinuing highwaj'S,  may  declare  the  same  to  be  done  under  the  betterment 
acts,  so  far  as  it  is  done  within  a  city  or  town  which  has  accepted  those 
acts.  If  they  have  ordered  damages  for  any  land  or  buildings  to  be  paid 
from  the  county  treasury,  the  sum  shall  be  included  and  reimbursed  to  the 
county  ratably  from  the  betterments  collected.     St.  1887,  c.  124. 

.     CHAPTER  52. 
OF   THE   REPAIR   OF   WAYS   AND   BRIDGES. 

Sect.  10.  The  trimming  aud  removal  of  trees  in  ways  is  regulated. 
St.  1885,  c.  123,  §  2. 

Sect.  19.  The  notice  of  injury  shall  not  be  invalid  for  any  unintentional 
inaccuracy,  if  the  party  entitled  to  notice  was  uot  misled.     St.  1882,  c.  36 

Actions  for  injuries  received  on  highways  are  no  longer  limited  to  the 
superior  court.     St.  1888,  c.  114. 

CHAPTER  53. 

OF    THE    REGULATIONS    AND    BY-LAWS    RESPECTING    WAYS    AND 

BRIDGES. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  c.  393. 

Sect.  1.  Guide  posts  are  required  at  forks  or  intersections  of  such 
highways  and  other  ways  as  lead  to  adjoining  towns  or  cities.  St.  1887, 
c."l62. 

Sect.  18.  The  county  commissioners  may  regulate  the  speed  at  which 
persons  may  ride  or  drive  horses  or  other  beasts  over  any  bridge  which  has 
cost  not  less  than  one  thousand  dollars  and  to  the  construction  or  mainte- 
nance of  -which  the  county  contributes.     St.  1888,  c.  313. 

CHAPTER  54. 

OF  THE  BOUNDARIES  OF  HIGHWAYS  AND  OTHER  PUBLIC   PLACES, 
AND  ENCROACHMENTS  THEREON. 

No  barbed  wire  fence  may  be  built  against  a  sidewalk.     St.  1884,  c.  272. 

Laws  granting  the  right  to  regulate  telephone  and  telegraph  lines  are 
extended  to  every  corporation,  co-partnership  or  person  having  authority 
to  place  posts,  wires  or  structures  in  public  ways  or  places  for  any  purpose. 
When  unused  such  posts  may  be  ordered  to  be  removed  at  the  expense  of 
the  owner.     St.  1889,  c.  398. 


Table  of  Changes.  079 

Sects.  G,  9.  The  town  or  city  mav  itself  plant  such  trees.  St.  1885, 
c.  1-23,  §  1. 

Sects.  6,  12.  Ornamental  and  shade  trees  may  be  designated  for 
preservation  and  marked,  and  it  is  then  forbidden  to  destroy  them.  St. 
1890,  c.  196. 

Sects.  9,  12.  The  requirement  of  acceptance  is  repealed.  St.  1885, 
c.  123,  §  3. 

CHAPTER  56. 

OF  THE  INSPECTION  AND  SALE  OF  BLTTER,   CHEESE,   LARD,   FISH, 
HOPS,  LEATHER  AND  POT  AND  PEARL  ASHES. 

Sect.  17.  In  the  mark  or  label,  "imitation  butter"  is  substituted  for 
"  adulterated  butter."     St.  1884,  c.  310,  §  1. 

Sects.  17,  18,  19.  The  type  of  the  brand  required  is  changed  froin 
Roman  to  Gothic,  and  other  names  are  allowed.     St.  1885,  c.  352,  §§  1,2. 

The  sale  of  imitations  of  butter  is  further  regulated.     St.  1886,  e.  317. 

Sect.  19.  The  use  of  false  labels,  stamps  or  marks  is  punished.  St. 
1885,  c.  352,  §  3. 

Sect.  20.  Inspectors  may  enter  places  where  butter  or  cbeese  is  stored 
or  kept  for  sale,  and  interference  with  their  duties  is  punished.  St.  1884, 
c.  310,  §  2. 

Inspectors  appointed  under  St.  1882,  c.  263,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

Sects.  3-21.  The  sale  of  adulterated  lard  is  forbidden  unless  it  is 
branded  as  compound  lard.     St.  1887,  c.  449. 

Sects.  22  et  stq.  Public  weighers  of  salt-water  fish  may  be  appointed. 
Their  duties  and  fees  are  established.     St.  1888,  c.  163. 

CHAPTER  57. 
OF  THE  INSPECTION  AND  SALE  OF  MILK. 

Municipal,  district,  police  courts  and  trial  justices  are  given  concurrent 
jurisdiction  with  the  superior  court  of  offences  under  this  chapter.  St.  1885, 
c.  149. 

The  milk  act  is  not  repealed  or  amended  by  subsequent  legislation  as  to 
adulterations.     St.  1884,  c.  289,  §  4. 

Sect.  2  is  revised.  Milk  for  analysis  is  to  be  delivered  to  the  inspector 
on  his  written  request,  instead  of  his  taking  it.  The  clause  making  the 
certificate  of  analysis  evidence  is  omitted.  A  part  of  the  sample  analyzed 
is  to  be  kept  for  the  defendant.     St.  1884,  c.  310,  §§  3,  4. 

This  section  is  again  revised.  The  assistants  as  well  as  the  inspectors 
may  enter  and  take  samples.     St.  1885,  c.  352,  §  4. 

Inspectors  appointed  under  St.  1882,  c.  263,  are  given  authority  under 
this  section.     St.  1885,  c.  352,  §  5. 

The  inspectors  may  appoint  collectors  with  power  to  take  samples. 
They  may  take  samples  in  all  cases  instead  of  only  when  the}'  have 
reason  to  believe  the  milk  adulterated.  They  must  on  request  give  a  por- 
tion of  the  sample  to  the  person  from  whom  it  is  taken.     The  provision 


G80  Public  Statutes. 

that  the  certificate  of  aualj-sis  shall  be  evideuce  is  stricken  out.  St.  1886, 
c.  318,  §  1. 

A  refusal  or  neglect  to  deliver  a  portion  of  the  sample  makes  any  analy- 
sis or  test  incompetent.     St.  1886,  c.  318,  §  3. 

Whoever  makes,  uses  or  has  a  counterfeit  of  the  inspector's  seal,  or  tam- 
pers with  samples,  is  punished.     St.  1886,  c.  318,  §  4. 

Sect.  5.  Milk  not  of  good  standard  quality  is  added  to  the  kinds  which 
may  not  be  sold.     St.  1886,  c.  318,  §  2. 

Sect.  7.  The  mark  must  be  in  uncondensed  Gothic  letters.  St.  1885, 
c.  3.52,  §  7. 

Such  skimmed  milk  must  have  at  least  nine  and  three-tenths  per  cent,  of 
milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  8. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  c. 
310,  §  5. 

Sect.  9.  The  milk  must  also  contain  not  less  than  nine  and  three- 
tenths  per  cent,  of  milk  solids  exclusive  of  fat.     St.  1885,  c.  352,  §  6. 

Milk  of  good  standard  quality  is  defined,  and  the  necessary  percentages 
of  solid  matter  fixed.     St.  1886,  c.  318,  §  2. 

Sect.  12,  regulating  the  number  of  quarts  that  a  milk  can  shall  hold,  is 
repealed.     St.  1885,  c.  145. 

The  wilful  defacing  and  misuse  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

CHAPTER  58. 

OF   THE    INSPECTION    AND    SALE    OF    PROVISIOXS    AND   ANIMALS 
INTENDED  FOR  SLAUGHTER. 

The  sale  of  dressed  poultry  is  regulated.     St.  1887,  c.  94. 

The  adulteration  of  any  drug  or  article  of  food  is  punished.  Adultera- 
tion is  defined.     St.  1882,  c.  263. 

"  Food  "  and  "  drug  "  are  defined.     St.  1886,  c.  171. 

The  annual  expenditure  for  the  enforcement  of  the  adulteration  act  may 
be  ten  thousand  dollars.  An  annual  report  by  the  State  board  is  required. 
St.  1884,  c.  289,  §§  1,  2. 

The  adulteration  act  does  not  apply  to  mixtures  recognized  as  ordinary 
articles  of  food,  nor  to  drugs  where  the  standard  has  been  raised,  nor  to 
cases  where  an  inferior  article  is  ordered  or  the  difference  is  known  to  the 
purchaser.     St.  1884,  c.  289,  §§  5,  7. 

A  portion  of  the  sample  must  be  furnished  to  the  defendant.  St.  1884, 
c.  289,  §  8. 

CHAPTER  59. 

OF   THE    INSPECTION  AND   SALE   OF   CERTAIN  OILS. 

The  preparation,  storage  and  sale  of  unsafe  oils  intended  to  be  used  for 
fuel  is  forbidden,  the  person  guilty  is  punished  and  also  made  liable  for  all 
damages,  and  the  oil  is  forfeited.  A  standard  test  for  such  oils  is  estab- 
lished.    St.  1885,  c.  98. 

Sect.  7.  A  new  section  is  substituted  which  forbids  the  selling  or  keep- 
ing for  sale  of  kerosene  or  petroleum  unless  inspected  by  an  authorized 
inspector.     St.  1885,  c.  122,  §  2. 


Table  of  Changes.  681 

CHAPTER  60. 
OF   THE    INSPECTION   AND   SALE   OF   VARIOUS   ARTICLES. 

Fraud  iu  the  sales  of  goods,  wares  and  merchandise  at  public  or  private 
sales  bv  intiuerant  vendors  is  punished  and  such  sales  are  regulated.  St. 
1890,  c.  448. 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  the  ice 
delivered  on  request.     St.   1890,  c.  276. 

Sects.  11-16.  These  sections  as  to  the  inspection  and  sale  of  commercial 
fertilizers  are  repealed  and  new  provisions  are  substituted.     St.  1888,  c  296. 

Sect.  17,  which  provides  the  mode  of  issuing  licenses  to  sell  commer- 
cial fertilizers,  is  repealed.     St.  1883,  c  29. 

Sect.  20.  A  crate  of  cranberries  containing  thirtj^-two  quarts,  level 
measure,  is  made  a  legal  measure,  and  all  barrels  or  crates  must  be  branded 
or  marked  "Massachusetts  standard  measure."  Whoever  so  brands  or 
marks  any  barrel  or  crate  of  less  capacity  is  punished.     St.  1884,  c.  161. 

Sect.  21.  Cider  ai)ples,  beans  and  peas  are  added  to  the  articles  which 
must  be  sold  either  by  the  bushel  or  the  cental.  The  weight  of  a  bushel 
of  apples  is  fixed  at  "fifty  pounds,  and  of  beans  or  peas  at  sixty-two  pounds. 
St.  1888,  c.  414. 

Sects.  69-71.  The  adulteration  of  vinegar  is  forbidden,  and  the  stand- 
ard of  purity  fixed.  The  act  is  to  be  enforced  by  the  inspectors  of  milk. 
St.  1884.  c.  307. 

Artificial  coloring  matter  is  to  be  deemed  an  adulteration,  and  the  per 
cent,  of  acetic  acid  is  reduced  from  five  to  four  and  one-half  per  cent.,  and 
that  of  cider  vinegar  solids  is  increased  from  one  and  one-half  to  two  per 
cent.     St.  188o,  c.  150. 

Sect.  69.  Vinegar  not  made  exclusively  of  apple  cider,  or  into  which 
foreign  substances  have  been  introduced,  may  not  be  sold,  held  with  intent 
to  sell  or  exposed  for  sale  as  cider  vinegar.  Sts.  1883,  c.  257,  §  1  ;  1884, 
c.  307,  §  1. 

Sect.  71.  Compensation  may  be  provided  for  the  inspector  of  vinegar, 
or  he  may  recover  a  reasonable  compensation  for  his  services.  St.  1883, 
c.  257,  §  2. 

Cities  or  towns  may  pay  inspectors  of  vinegar  appointed  under  St.  1880, 
c.  113.     St.  1884,  c.  163. 

Sect.  82.  Coal  in  amounts  less  than  five  hundred  pounds  must  be  sold 
in  measures  of  the  dimensions  prescribed,  and  any  person  who  uses,  or  has 
with  the  intention  to  use,  any  other  measure,  is  punished.     St.  1883,  c.  218. 

The  baskets  and  measures  provided  b}^  St.  1883,  c.  218,  must  be  stamped 
with  their  capacity  by  the  sealer  of  weights  and  measures,  and  the  coal 
must  be  delivered  in  them.     St.  1884,  c.  70. 

CHAPTER   61. 

OF   THE  INSPECTION   OF   GAS   AND   GAS   METERS. 

In  the  construction  of  this  chapter  gas  company  includes  any  person 
owning  or  operating  works  for  the  manufacture  or  sale  of  gas  for  heating 
or  illuminating  purposes.     St.  1886,  c.  346,  §  7. 


682  Public  Statutes. 

A  board  of  gas  commissioners  is  established  to  wliom  the  gas  companies 
are  to  report  and  who  have  power  to  hear  complaints  and  make  orders  with 
regard  to  the  quality  and  price  of  gas.     St.  1885,  c  314. 

The  board  of  gas  commissioners  is  constituted  a  board  of  gas  and  electric 
light  commissioners,  and  the  laws  as  to  gas  are  extended  to  electric  light 
companies.     St.  1887,  c  382. 

The  name  of  the  board  of  gas  commissioners  is  changed  to  the  board 
of  gas  and  electric  light  commissioners.     St.  1889,  c.  373. 

The  inspector  and  assistant  inspector  hold  office  until  the  appointment 
and  qualification  of  their  successors,  respectively,  instead  of  until  the 
appointment  of  their  successors.     St.  1889,  c.  169. 

Further  provision  is  made  as  to  regulating  the  price  of  gas.  All  acci- 
dents are  to  be  reported  and  investigated  and  an  abstract  included  in  the 
annual  report.     St.  1888,  c.  350. 

The  place  where  the  books  of  gas  companies  shall  be  kept  and  their  form 
is  regulated.  They  may  be  compelled  to  furnish  gas.  St.  1886,  c.  346, 
§§1,2,5. 

Sects.  11 ,  12.  The  metre  must  be  easily  read  and  not  confuse  or  deceive 
the  consumer,  and  no  rent  for  it  can  be  charged  where  the  consumer  uses 
gas  to  the  value  of  seven  dollars  in  any  one  year.     St.  1886,  c.  346,  §  6. 

Sects.  13,  14.  Gas  for  purposes  other  than  lighting  need  not  be 
inspected  under  these  sections.     St.  1885,  c.  240. 

Sect.  14.  An  inspection  is  to  be  made  for  every  six  million  feet  of  gas 
instead  of  every  four  million.     St.  1886,  c.  250. 

The  gas  commissioners  may  license  gas  companies  to  make  and  sell 
water  gas  containing  any  percentage  of  carbonic  oxide  that  said  board 
may  determine.  The  company  must  furnish  their  customers  a  copy  of 
the  license  containing  a  statement  of  the  percentage  of  carbonic  oxide. 
They  may  not  charge  more  than  other  companies  in  that  locality  charge 
when  the  manufucture  and  sale  is  so  licensed.     St.  1888,  c.  428. 

The  provision  against  carbonic  oxide  in  gas  is  stricken  out.  St.  1890, 
c.  252. 

CHAPTER  63. 

OF    THE    SURVEY    AND    SALE    OF    LUMBER,    ORNAMENTAL    WOOD 

AND   SHIP  TLMBER. 

Sects.  1,  2,  3,  4,  5,  16,  19.  These  sections  are  amended  and  revised. 
St.  1890,  c.  159. 

CHAPTER  65. 
OF   WEIGHTS   AND    MEASURES. 

The  weights,  measures  and  balances  to  be  kept  by  counties,  cities  and 
towns,  are  defined.  Their  sets  are  to  be  complete.  The  duties  of  the 
deputy  sealer  are  established.  He  is  given  a  salary  instead  of  fees.  His 
office  shall  be  in  the  treasury  and  he  shall  be  under  the  direction  of  the 
treasurer  and  receiver-general.     St.  1890,  c.  426. 

Sect.  7.  The  standards  shall  be  tested  every  five  years  instead  of  every 
ten  years.     St.  1890,  c.  426. 


Table  of  Changes.  683 

Si:CT.  8.  Sealers  of  weights  and  measures  are  to  be  appointed  in  cities 
by  tlie  raaj'or  and  aldermen,  and  not  by  the  city  council.     St.  1882,  c.  42. 

Si-XT.  21.  Unlawful  weights  and  measures  may  be  seized.  Possession 
is  made  j>rma  fade  evidence  of  unlawful  intent,  and  the  person  having 
them  is  punished.     St.  1883,  c.  22.3. 

CHAPTER    67. 
OF   ALXTIONEERS. 

Any  person  who  sells  or  attempts  to  sell  or  advertises  for  sale  au}^  goods 
falsely  representing  that  they  are  a  bankrupt  stock  or  damaged  goods  or 
goods  saved  from  a  fire,  or  makes  any  false  statement  as  to  their  previous 
history  or  character  shall  be  punished  by  a  fine  and  be  liable  to  the  pur- 
chaser in  a  sum  three  times  that  paid  for  them.     St.  1890,  c.  449,  §  3. 

Sect.  1.  Auctioneers  must  have  resided  in  the  city  or  town  for  six 
months  before  their  appointment.     St.  1886,  c.  289. 

Sect.  5.  The  clause  forbidding  an  auctioneer  to  sell  his  own  goods  be- 
fore sunrise  or  after  sunset  is  struck  out.     St.  1886,  c.  289. 

Sect.  6.  An  auctioneer  may  sell  goods  brought  into  a  city  or  town  b}^ 
persons  travelling  aad  carrjung  stocks  of  goods  from  town  to  town  to  sell 
by  auction,  only  in  the  city  or  town  where  he  has  a  regular  place  of  busi- 
ness.    If-  a  new  resident  he  must' take  out  a  permit.     St.  1890,  c.  449. 

CHAPTER   67a. 
OF   THE   REGULATION   OF   PHARMACY. 

A  board  of  registration  in  pharmacy  is  established.  Every  person  en- 
gaged in  the  business  of  retailing  or  dispensing  drugs,  medicines,  chemi- 
cals or  poisons,  or  compounding  them  for  sale,  must  be  registered.  The 
business  is  regulated.     St.  1885,  c  313, 

The  clause  allowing  retail  dealers  in  drugs  and  medicines  who  were  in 
business  at  the  passage  of  the  law  to  register  is  repealed.     St.  1887,  c.  267. 

CHAPTER   676. 

OF  THE   REGULATION  OF   THE   PRACTICE   OF   DENTISTRY. 

A  board  of  registration  in  dentistry  is  established,  and  the  practice  of 
dentistr}^  is  regulated.     St.  1887,  c.  137. 

CHAPTER    68. 
OF   HAWKERS   AND   PEDDLERS. 

Any  person  who  employs  a  child  under  fifteen  in  peddling  without  a 
license  or  in  begging,  or  permits  him  to  peddle  or  beg,  is  punished.  St. 
1887,  c.  422. 

Sect.  2.  Cities  and  towns  may  regulate  the  sale  of  any  articles  per- 
mitted to  be  sold  by  section  1  by  any  hawker  or  peddler,  and  their  authority 


684  Public  Statutes. 

is  not,  as  now,  limited  to  the  regulation  of  sales  by  minors.  They  may 
impose  penalties,  but  no  new  fees  can  be  imposed.     St.  1883,  c.  168. 

Skct.  9.  The  secretary  of  the  Commonwealth  may  grant  licenses 
without  any  fee  to  persons  recommended  by  the  towns  or  cities,  as  stated 
in  section  4,  who  are  over  seventy  years  of  age.     St.  1883,  c.  118. 

The  special  license  without  the  payment  of  any  fee  may  be  granted  to 
any  iionorably  discharged  soldier  resident  here  instead  of  to  a  disabled 
soldier  belonging  to  this  Commonwealth.     St.  1889,  c.  4.37. 

CHAPTER    69. 
OF   SHIPPING   AND   SEAMEN,  HARBORS   AND   HARBOR-MASTERS. 

The  owners  or  managers  of  foreign  vessels  running  or  advertised  to 
run  to  an}-  port  in  this  State  must  file  with  the  commissioner  of  corpora- 
tions a  copy  of  the  register  and  a  list  of  the  names  of  the  owners,  and 
appoint  the  commissioner  agent  to  receive  service  of  legal  process.  St. 
1889,  c.  393. 

Sects.  1-13.  Transportation  for  destitute  seamen  may  be  furnished  at 
the  expense  of  the  State.     St.  1886,  c.  179. 

Sect.  8.  The  clause  as  to  advance  wages  is  stricken  out-  St.  1889, 
c.  284. 

Sect.  23.  The  tlu'owing  into  or  depositing  in  harbors  of  any  injurious 
materials  is  forbidden.  The  harbor  commissioners  may  forbid  injurious 
changes  on  the  shores.     St.  1884,  c.  269. 

Sect.  25.  Assistant  harbor-masters  maybe  appointed  as  well  as  harbor- 
masters, and  shall  be  subject  to  their  control.     St.  1882,  c.  216. 

Sects.  26,  29,  33.  A  harbor-master  may  require  vessels  to  change 
their  place  of  anchorage.  Masters  of  tug-boats  and  pilots  must  cause  ves- 
sels in  their  charge  to  anchor  under  his  direction.  He  may  recover  the 
expense  of  moving  them,  if  not  anchored  as  he  requires.  St.  1884,  c. 
173. 

Sect.  33.  The  penalty  is  made  to  cover  au}^  violation  of  sections  23  to 
32.     St.  1884,  c.  173. 

CHAPTER    70. 
OF  PILOTS  AND   PILOTAGE. 

Pilots  may  be  appointed,  in  addition  to  those  now  allowed  by  law,  except 
for  the  port  of  Boston.  Wliere  the  recommendation  of  a  society  is  now 
required,  they  shall  not  be  appointed  without  a  certificate  from  the  society, 
nnless  it  neglects  for  three  months  to  pass  upon  their  qualilications.  St. 
1882,  c.  174. 

A  pilot  may  be  appointed  for  the  harbor  of  Cohasset.  The  rates  are 
the  same  as  for  the  harbor  of  Boston.     St.  1887,  c.  298. 

Sect.  12.  The  pilots  shall  be  "for  any  and  all  ports  of  said  ports 
within  their  jurisdiction,"  instead  of  "  for  the  said  ports  respectively." 
St.  1890,  c.  300. 

Sect.  15.  The  fees  for  the  pilotage  of  vessels  in  and  out  of  Wood's 
Holl  harbor  are  established.      St.  1889,  c  275. 


Table  of  Changes.  GSij 

If  a  vessel  entering  Boston  liaibor  passes  a  line  fixed,  she  is  not  liable 
to  pilotage.     St.  1884,  c.  252,  §  1. 

Exempt  vessels  may  require  a  pilot  and  then  shall  pay  hiin.  St.  1884, 
c.  2;)2,  §  5. 

The  rates  of  pilotage  for  the  ports  of  Salem  and  Beverly  shall  be  the 
same  as  for  the  port  of  Boston.     St.  1887,  c.  204. 

Sect.  27.  Whaling  vessels  outward-bound  from  New  Bedford  are 
exempt  from  the  pilotage  law.     St.  1884,  c.  213. 

Sect.  ,')().  Vessels  of  not  over  three  hundred  and  fifty  tons  pay  onh' 
lialf  fees.  The}'  are  not  held  for  any  fees  unless  they  take  a  pilot.  The 
former  limit  was  two  hundred  tons.     St.  1884,  c.  252,  §§2,  o. 

Sect.  32.  In  the  list  of  vessels  exempt  from  compulsory  pilotage  are 
omitted  "  all  single-decked  coasting  vessels  of  not  more  than  three  hun- 
dred and  fifty  tons."     St.  1884,  c.  2ry2,  §  4. 

Sect.  39.  Persons  other  than  pilots  may  not  assume  or  continue  to  act 
as  such  when  pilots- can  be  got.     St.  1884,  c.  252,  §  6. 

CHAPTER    72. 
OF   PUBLIC   WAREHOUSES. 

Provision  is  made  for  the  sale  of  goods  held  by  public  warehousemen 
for  overdue  charges  and  the  disposition  of  the  proceeds  is  determined. 
St.  1887,  c.  277. 

Sect.  2,  The  aniount  of  the  bond  and  its  sureties  are  to  be  approved 
by  the  governor.     St.  1885,  c.  167. 

Sect.  5.  'Any  person  requesting  it  may  have  a  non-negotiable  receipt 
which  can  onh'  be  assigned  on  the  books  of  the  warehouseman.  St.  1886, 
c.  2o8. 

CHAPTER  74. 
OF   THE   EMPLOYMENT   OF   LABOR. 

A  state  board  of  arbitration  for  the  settlement  of  disputes  and  differences 
between  emplovers  and  their  employees  is  created.  Sts.  1886,  c.  263  ;  1887, 
c.  269. 

The  provision  in  St.  1887,  c.  269,  §  1,  that  the  board  shall  choose  one  of 
its  members  as  secretary  is  stricken  out  and  the  limit  of  the  salary  of  the 
clerk  is  raised  from  8900  to  81,200.     St.  1888,  c.  261. 

Provision  is  made  for  the  appointment  of  expert  assistants  to  the  State 
board  of  arbitration.     St.  1890,  c.  385. 

The  words  used  in  the  statutes  relating  to  labor  are  defined.  St.  1887, 
c.  103,  §  5. 

Fines  for  imperfect  weaving  are  regulated.     St.  1887,  c.  361. 

The  proper  ventilation  of  factories  and  workshops  is  required.  St. 
1887,  c.  173. 

The  sanitary  provisions  in  factories  and  workshops  are  regulated.  Sts. 
1887,  c.  103;  1888,  c.  305. 

It  is  required  that  uniform  and  proper  meal  times  shall  be  allowed  to 
children,  young  persons  and  women  employed  in  certain  factories  and 
workshops.     St.  1887,  cc.  215,  330. 


6S6  PcBLTC  Statutes. 

Employers  must  furnish  seats  for  females  employed.     St.  1882,  c.  150. 

Manufacturers  may  sound  bells,  gongs  and  whistles  as  signals  to  their 
workmen,  of  such  size  and  at  such  hours  as  the  town  or  cit}'  authorities 
may  in  writing  permit.     St.  1883,  c.  84. 

Corporations  must  pay  weekl}'^  all  wages  earned  up  to  six  days  before 
such  payment.     St.  1886,  c.  87. 

The  weekly  payment  law  is  modified  in  its  application  to  municipal  cor- 
porations, counties,  co-operative  associations  or  corporations  and  railroads. 
Complaints  may  be  made  by  the  chief  of  the  district  police  or  any  State 
inspector  of  factories  and  the  defences  to  such  complaint  are  limited. 
Assignments  to  the  corporation  or  any  person  for  it  or  made  to  I'elieve  it 
from  the  obligation  to  pay  wages  weekly  are  void.     St.  1887,  c.  3'J9. 

All  manufacturers  must  give  the  chief  of  the  district  police  written 
notice  of  any  accident  by  whicli  an  emplo^^ee  loses  his  life  or  is  kept  from 
work  for  over  four  daj's.  The  chief  of  the  district  police  keeps  a  record  of 
such  accidents  and  includes  an  abstract  in  his  annual  report.  St.  188G, 
c.  260. 

The  requirement  that  accidents  shall  be  reported  is  extended  to  mer- 
cantile establislunents.     St.  1890,  c.  83. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  c.  121. 

The  employment  of  children  who  cannot  read  and  write  the  English 
language  is  .regulated.      Sts.    1887,   c.   433,    §§    2,   3,  4;    1888,   c  348; 

1889,  c.  135. 

The  application  for  a  permit  for  a  child  to  labor  under  St.  1887,  c.  433, 
must  be  made  by  the  child  before  the  opening  of  the  yearly  session  of  the 
evening  school  unless  he  furnishes  a  ph^^sician's  certificate  in  an  established 
form  tliat  he  was  sick  or  injured  and  unable  to  attend  the  scliool.     St. 

1890,  c.  48. 

The  liability  of  employers  to  make  compensation  for  perscmal  injuries 
suffered  by  employees  in  their  service  is  extended  and  regulated.  St.  1887, 
c.  270. 

The  notice  under  the  employer's  liability  act  must  be  in  writing  and 
signed.     St.  1888,  c.  155. 

Sect.  4.  The  ten-hour  law  is  made  to  apply  to  manufacturing  and  mer- 
cantile establishments.     St.  1883,  c.  157. 

This  section  as  amended  in  1883  shall  not  apply  to  mercantile  establish- 
ments.    St.  1884,  c.  275,  §  4. 

The  employment  of  minors  under  eighteen  years  of  age,  for  more  than 
sixty  hours  a  week,  in  mercantile  establishments,  is  forbidden.  A  certifi- 
cate of  age,  sworn  to  by  the  minor  and  his  parent  or  guardian,  is  made 
prima  facie  evidence.  Printed  notices  must  be  posted  giving  the  hours  of 
labor.     St.  1884,  c.  275,  §§1,2,  3. 

This  section  is  amended  and  revised.     St.  1887,  c.  280. 

No  corporation  or  manufacturing  establishment  shall  employ  any  women 
or  minor  for  the  purpose  of  manufacturing  between  ten  o'clock  at  night 
and  six  o'clock  in  the  morning.     St.  1890,  c.  183. 

Nine  hours  shall  constitute  a  day's  labor  for  all  laborers,  workmen  and 
mechanics  for  the  State  or  any  town  or  city.     St.  1890,  c.  375. 


Table  of  Changes.        .  087 

CFI AFTER   7o. 
OF  Li:\IITED  PARTNERSHIPS. 

Skct.  3.  Tlic  name  of  a  former  firm  may  be  used  with  the  consent  of 
its  members.     St.  1S87,  c.  248,  §  1. 

Sect.  7.  In  case  of  a  renewal  the  special  capital  must  equal  that  origi- 
nally put  in  and  the  certificate  must  so  state.     St.  1887,  c.  248,  §  3. 

Sect.  S.  A  special  partner  may  draw  interest  at  any  rate  agreed  on,  not 
exceeding  six  per  cent.,  out  of  the  profits.     St.  1887,  c.  248,  §  2. 

Sect.  12.  The  clause  making  the  special  partner  liable  in  cases  not 
provided  for  in  this  chapter  is  repealed.     St.  1887,  c.  248,  §  4. 

CHAPTER  77. 

OF     IMONEY,     BILLS     OF     EXCHANGE,     PRO^IISSORY     NOTES     AND 

CHECKS. 

Checks  or  demand  drafts  may  be  paid  within  ten  days  after  their  date, 
although  the  drawer  in  the  meantime  dies.     St.  1885,  c.  210,  §  1. 

Sect.  1.  The  par  of  exchange  established  by  tlie  United  States  Rev. 
St.  §  3565,  is  adopted.     St.  1882,  c  110. 

Sect.  8.  All  loans  for  less  than  one  thousand  dollars  shall  be  dis- 
chargeable by^  payment  or  tender  of  the  sum  actually  loaned  with  eighteen 
per  cent,  interest  and  not  exceeding  ten  dollars  for  expenses.  St.  1888, 
c.  388. 

The  day  following  Clu-istmas  is  made  a  holiday  when  Christmas  falls  on 
Sunda}'.  St.  1882,  c.  49.  And  the  first  Monday  of  September,  which  is 
to  be  known  as  labor's  holiday.     St.  1887,  c.  2(33. 

Sects.  8  et  seq.  A  written  promise  to  pay  money  is  a  promissory  note 
and  negotiable  though  the  time  of  payment  is  uncertain,  if  it  is  payable  at 
all  events  and  at  some  time  which  must  certainly  come.     St.  1888,  c.  329. 

CHAPTER  77a. 
OF  THE  ENCOURAGEMENT  OF  AGRICULTURE. 

A  bounty  of  one  dollar  a  ton  is  given  for  sugar  made  from  beets  or 
sorghum,  under  the  regulation  stated.     St.  1883,  c.  189. 

The  obtaining  by  false  pretences  of  certificates  of  registration  of  cattle, 
or  transfers  of  such  registration,  and  the  giving  of  false  pedigrees  of  cattle 
and  other  animals,  is  punislied.     St.  1887,  c.  143. 

Provision  is  made  for  the  registration  of  the  pedigrees  of  horses  used 
for  breeding  purposes.     St.  1890,  c.  334. 

Provision  is  made  for  the  extermination  of  the  gypsy  moth.  St.  1890, 
c.  95. 

CHAPTER   78. 

OF   THE   PREVENTION   OF   FRAUDS   AND   PERJURIES. 

An  agreement  to  make  wills,  devises  or  legacies  is  not  binding  unless 
in  writing.     St.  1888,  c.  372. 


688  Public  Statutes. 

CHAPTER   79. 
OF   THE   STATE   BOARD   OF   HEALTH,   LUNACY   AND   CHARITY. 

The  duties  of  the  State  board  of  health,  hinacy  and  charity  are  divided 
between  a  State  board  of  health  and  a  State  board  of  lunacy  and  charity. 
St.  1886,  c.  101. 

The  salary  of  the  secretary  of  the  State  board  of  health  is  increased 
from  §1,500  to  $3,000.     St.  1889,  c.  370. 

The  governor  may  detail  an  officer  of  the  district  police  to  assist  them  in 
cases  of  deserted  and  unprotected  children  and  of  bastardy.  St.  1885, 
c.  158. 

Sect.  9.  The  classes  of  inmates  who  may  be  removed  are  specified. 
St.  1887,  c.  367. 

CHAPTER  80. 

OF   THE   PRESERVATION   OF   THE   PUBLIC   HEALTH. 

Sect.  3.  Vacancies  in  boards  of  health  in  towns,  where  no  provision  is 
made  b}'  special  statute,  shall  be  filled  by  the  selectmen  and  board  of 
health  acting  jointly.     St.  1885,  c.  307. 

Sect.  12.  Any  town  may  authorize  its  board  of  health  to  make  and 
enforce  regulations  with  reference  to  house  drainage  and  its  connection 
with  public  sewers.  Whoever  violates  such  regulations  forfeits  one  hun- 
dred dollars.     St.  1889,  c.  108. 

The  board  of  health  may  require  every  building  on  a  public  or  private 
street,  court  or  passageway  in  which  there  is  a  public  sewer  to  be  connected 
with  it.     St.  1890,  c.  132. 

Sects.  21-23.  Privy  vaults  can  be  established  where  there  is  a  sewer 
only  by  written  permission  from  the  board  of  health  and  they  may  forbid 
the  continuance  of  any  such  vault.     St.  1890,  c.  74. 

Sect.  28.  Boards  of  health  cannot  abate  such  nuisances  without  a 
previous  appropriation  by  the  city  or  town,  if  the  expense  will  exceed  two 
thousand  dollars.     St.  1887,  c.  338,  §  1. 

Sects.  28,  30.  Any  person  entitled  to  notice  may  appeal  to  the  superior 
court,  and  pending  the  appeal  all  proceedings  by  the  board  are  stayed. 
St.  1887,  c.  338,  §  2. 

Sect.  32.  Persons  aggrieved  by  such  assessments  are  given  a  right  to 
a  trial  by  jury.     St.  1887,  c.  338,  §  3, 

Sect.  60.  Persons  boarding  an  illegitimate  child  under  one  year  old  must 
give  notice  to  the  overseers  of  the  poor.  The  parent  or  parents  must,  when 
required,  give  satisfactory  security  for  the  maintenance  of  such  child,  and 
make  true  answers  to  all  questions  as  to  its  residence,  parentage  and  place 
of  settlement.     St.  1882,  c.  270,  §  3. 

Boarding  houses  for  infants  under  five  years  of  age  must  be  licensed, 
visited  and  inspected.     St.  1889,  c.  416. 

Sect.  78.  The  provisions  as  to  notice  of  dangerous  diseases  and  dis- 
infection are  revised.     St.  1890,  c.  102. 

Sect.  79.  The  local  board  of  health  must,  within  twenty-four  hours, 
notify  the  State  board  of  cases  of  small-pox,  or  it  forfeits  the  claim  of  the 
town  to  reimbursement.     St.  1883,  c.  138. 


Table  of  Changes.  630 

Sects.  78,  70.  Householders  and  physicians  must  also  report  cases  of 
diphtheria  and  scarlet-fever,  and  records  of  such  reports  shall  be  kept  on 
blanks  furnished  by  the  State.  Rooms  and  articles  are  to  be  disinfected  to 
the  approval  of  the  board  of  healtli.     St.  1884,  e.  98. 

Sect.  88.  The  appellant  from  an  order  as  to  offensive  trades  must 
apply  for  a  jury  to  the  court  in  the  county  where  the  premises  are  ;  not,  as 
now,  where  the  order  is  made.     St.  1883,  c.  133. 

The  appeal  shall  be  to  the  superior  court  to  be  tried  by  a  jury  at  its  bar. 
If  a  person  fails  to  appeal  within  the  time  allowed  he  can  have  leave  to 
enter  his  appeal  within  thirty  days,  provided  he  has  in  the  mean  time  con- 
formed to  the  order.     St.  1«8<J,  c.  l'J3,  §  1. 

Sect.  89.  Pending  the  appeal,  the  board  may  authorize  the  continuance 
of  such  trade,  and  then  proceedings  by  the  board  are  suspended.  St.  1889, 
c.  193,  §  1. 

Sect.  90.  The  verdict  may  be  enforced  by  injunction  or  other  order  in 
equity.     St.  1889,  c.  193,  §  2. 

Sect.  91.  If  the  appellant  has  been  authorized  to  continue  his  trade, 
he  shall  not  recover  damages.     St.  1889,  c.  193,  §  1. 

Sect.  96.  Bathing  in  ponds  used  for  the  domestic  water  supply  of  cities 
or  towns  is  forbidden.     St.  1884,  c.  172. 

The  supreme  judicial  or  superior  court  may,  upon  the  application  of  a 
city  or  town,  enjoin  violations  of  this  section.     St.  1884,  c.  154,  §  1. 

Sects.  98,  99,  100,  giving  the  State  board  supervision  of  sources  of  water* 
supply,  and  power  to  make  orders  concerning  them,  are  repealed.     St.  1884, 
c.  154,  §  2. 

Sects.  96  et  seq.  The  State  board  of  health  is  given  oversight  of  all  in- 
land waters.  It  shall  make  examinations  and  experiments  and  recommend 
measures  to  prevent  pollution,  and  advise  towns  and  cities  as  to  water  sup- 
plies, drainage  and  sewerage.  Towns  and  cities  must  consult  the  board. 
Petitions  to  the  legislature  must  be  accompanied  by  its  reconunendation. 
It  must  enforce  the  law,  and  report  cases  i-equiriug  further  legislation. 
St.  1888,  c.  375. 

Further  provision  is  made  to  prevent  the  pollution  of  sources  of  water 
supply.     St.  1890,  c.  441. 

Sects.  96-105.  A  town  or  city  may  contract  with  any  other  town  or 
city  to  contribute  for  sewers  to  protect  its  water  supply.     St.  1888,  c.  160. 

The  State  board  of  health  ma}',  on  complaint  after  hearing,  forbid  the 
sale  of  impure  ice.     St.  1886,  c.  287. 

CHAPTER  82. 
OF   CEMETERIES   AND   BURIALS. 

Towns  may  put  their  burial  grounds  in  the  hands  of  commissioners 
whose  terms  of  office  and  powers  are  fixed.  Towns  may  also  receive  gifts 
and  bequests  for  cemeteries  or  cemetery  lots.     St.  1890,  c.  264. 

Corporations  for  the  cremation  of  the  dead  are  authorized  and  cremation 
is  regulated.     St.  1885,  c.  265. 

Sect.  3.  The  present  section  is  repealed  and  a  new  section  is  enacted 
which  more  fully  defines  the  rights  of  the  widovv  and  children  to  the  posses- 
sion, care  and  control  of  the  burial  lot.     St.  1885,  c.  302. 


690  Public  Statutes. 

Sect.  6.  Conve3'ances  of  burial  lots  recorded  bj'  the  corporation  owning 
the  cemetery  require  no  other  record.     St.  1883,  c  142. 

Cemetery  corporations  must  keep  records  of  all  conveyances  of  burial 
lots  and  contracts  in  relation  thereto.  Such  records  have  the  same 
effect  as  if  made  in  the  registry  of  deeds.     St.  1889,  c.  299. 

Skct.  17.  Towns  and  cities  nra}^  receive  funds  for  the  care  and  improve- 
ment of  public  or  private  burial  places,  and  of  lots  therein.  St.  1884,  c. 
186. 

Skct.  19.  Boards  of  liealth  ma}^  close  any  tomb,  burial  ground,  cemetery 
or  other  place  of  burial.     St.  1885,  c.  278,  §  1. 

Sect.  24.  On  appeal  from  such  order  closing  a  burial  place,  the  jury 
must  find,  in  addition  to  the  finding  now  required,  that  the  closing  thereof 
was  not  necessar}^  for  the  protection  of  the  public  health.  St.  1885, 
c.  278,  §  2. 

Sects.  25-28.  These  sections,  providing  for  the  closing  of  tombs  in 
cities  by  the  city  council,  are  repealed.     St.  1885,  c.  278,  §  3. 

CHAPTER  84. 
OF   THE   SUPPORT   OF   PAUPERS   BY   CITIES   AND   TOWNS. 

vSect.  2.  No  insane  person,  where  the  insanity  has  continued  less  than 
six  months,  can  be  detained  in  an  almshouse  or  elsewhere  by  the  overseers 
of  the  poor  without  remedial  treatment.     St.  1886,  c.  319,  §  3. 

Sect.  3.  If  the  overseers  of  the  poor  in  any  city,  except  Boston,  fail  to 
place  any  pauper  child  in  a  family  for  two  months,  the  State  board  of  lunacy 
and  cliarity  may  do  it.     St    1887,  c.  401. 

Sect.  6.  Not  only  the  kindred  of  the  pauper  but  the  pauper  himself  is 
liable  for  expenses  incurred  for  him.     St.  1882,  c.  113. 

Sect.  17.  The  overseers  also  bury  unclaimed  or  unidentified  bodies 
upon  which  inquests  have  been  held.     St.  1887,  c.  310,  §  3. 

The  sums  which  may  be  paid  for  the  burial  of  paupers  are  increased 
from  ten  to  fifteen  dollars  and  from  five  to  ten  dollars.  St.  1890,  c. 
71. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  to  receive  and 
temporarily  care  for  the  unfortunate  and  sick.     St.  1890,  c.  119. 

Sect.  21.  Destitute  and  deserted  children  may  be  placed  in  St.  Marj^'s 
infant  asylum,  as  well  as  in  the  Massachusetts  infant  asylum.  St.  1883, 
c.  232. 

CHAPTER  85. 

OF   THE   MAINTENANCE   OF  BASTARD   CHILDREN. 

Sect  1.  The  complaint  maj^  be  made  to  and  the  warrant  be  issued  by 
the  clerk  of  the  courts  named,  as  well  as  by  the  courts  themselves. 
St.  1885,  c.  289. 

CHAPTER  86. 

OF   ALIEN  PASSENGERS  AND   STATE  PAUPERS. 

Sect.  13.  The  present  board  is  abolished  and  a  new  one  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 


Table  of  Changes.  691 

Sects.  1G,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  c.  278. 

Sect.  22.  Tlie  removal  of  a  sick  pauper  to  the  State  almshouse  is  for- 
bidden until  the  certificate  of  a  physician  is  procured  that  he  can  be  removed 
witiiout  injury  or  danger  to  his  health.     St.  1887,  c.  440. 

Sect.  2o.  The  notice  in  case  of  persons  too  sick  to  be  removed  must  be 
signed  by  the  overseers  of  the  poor,  or  some  person  appointed  by  them,  and 
they^  must  certify  to  the  facts  after  personal  examination.     St.  1885,  c.  211. 

Sect.  20.  The  bills  must  be  endorsed  with  a  distinct  declaration  that 
the  amount  charged  for  has  been  paid  from  the  town  or  city  treasury. 
St.  1885,  c.  211. 

Sect.  2S  is  repealed,  and  provision  is  made  that  idiots  may  be  sent  to  the 
school  for  the  feeble-minded.  The  trustees  there  may  receive  them  or  send 
them  home,  or  to  the  state  almshouse,  or  to  the  place  of  their  settlement. 
St.  1883,  c.  239,  §§  5,  6,  7. 

Sect.  31.  The  expense  is  to  be  paid  only  when  written  notice  has  been 
given  to  the  State  board  within  sixty  days  from  the  time  when  the  aid  was 
first  given.     St.  1885,  c.  211. 

Sect.  37.  Persons  not  sentenced  inmates  who  abscond  or  escape  and 
within  one  year  are  found  soliciting  public  charity,  are  punished.  Provision 
is  made  for  complaints  against  them  and  as  to  what  courts  shall  have  juris- 
diction.    St.  1884,  c.  2.58. 

Sect.  39.  The  State  board  of  lunacy  and  charity  m.ay  transfer  any 
pauper  lunatic  to  insane  asylum  at  the  State  almshouse.     St.  1888,  c.  G9. 

Sect.  44.  St.  Mary's  infant  asylum  must  also  notify  the  State  board  of  the 
reception  of  infants  having  no  known  settlement.     St.  1883,  c.  232,  §  2. 

Sect.  4G.  Children  who  are  State  paupers  may  be  placed  by  the  State 
board  in  private  families  until  three  years  old  instead  of  two.  St.  1882, 
c.  181,  §  1. 

Section  4fi,  as  amended,  applies  to  St  Mary's  infant  asylum,  but  indi- 
gent and  neglected  infants  without  settlement  are  to  be  committed  to  the 
State  board  of  health,  which  board  shall  provide  for  them  as  they  judge 
best  for  each  child.     St.  1883,  c.  232,  §  3. 

The  hospital  cottages  at  Baldwinsville  are  aided.  Two  trustees  are  to  be 
appointed  by  the  State.  An  annual  report  is  to  be  made  to  the  State  board 
of  lunacy  and  charity.  That  board  may  place  there  ten  children.  St.  1887, 
c.  441. 

A  grant  is  made  for  the  purchase  of  land  and  erection  of  buildings  to 
the  hospital  cottages  for  children.  The  board  may  place  there  such  num- 
ber of  children  as  may  be  approved  by  the  trustees  and  superintendent. 
St.  1889,  c.  230. 

Sect.  46.  A  further  appropriation  is  made'  for  the  hospital  cottages 
for  children,  but  a  majority  of  the  trustees  are  to  be  appointed  by  the 
governor.     St.  1890,  c.  354. 

CHAPTER  87. 

OF  LUNACY   AND  INSTITUTIONS  FOR  LUNATICS. 

Persons  subject  to  dipsomania  or  habitual  drunkenness,  but  not  otherwise 
of  bad  character  or  repute,  may  be  committed  to  the  State  lunatic  hospitals 


692  Public  Statutes. 

until  recovery,  or  until  their  confinement  is  no  longer  necessary  for  the 
safety  of  the  public  or  their  own  welfare.     St.  1885,  c.  oo'J. 

A  hospital  for  dipsomaniacs  and  inebriates  is  established.  St.  1889, 
c.  414. 

The  hospital  for  dipsomaniacs  shall  have  accommodations  for  two  hun- 
dred patients  instead  of  two  hundred  and  fifty.     St.  1890,  c.  2.51. 

Sect.  2.  Provision  shall  be  made  at  the  State  hospitals  and  asj^lums 
for  the  insane  for  fire  escapes  and  apparatus  for  the  extinguishment  of  fire. 
Provision  must  be  made  for  a  mouthl}^  inspection  and  trial  of  the  apparatus 
and  a  proper  organization  and  drill  of  the  officers  and  employees.  Si. 
1890,  c.  378. 

A  new  hospital  is  established  at  Westborough  under  homoeopathic  treat- 
ment.    St.  1884,  c.  .322. 

Sect.  70.  A  grant  is  made  to  the  Massachusetts  homoeopathic  hospital 
in  consideration  that  i\\e  members  of  the  board  of  trustees  shall  be  ap- 
pointed by  the  governor.     St.  1890,  c-  358. 

Sects.  2-10.  Land  may  be  purchased  and  plans  made  for  a  hospital  for 
the  chronic  insane  in  eastern  Massachusetts.     St.  1890,  c.  445. 

Sect.  4.  The  number  of  the  trustees  of  the  State  lunatic  hospitals  is 
increased  from  five  to  seven,  and  five  shall  be  men  and  two  women. 
St.  1884,  c.  149. 

Sect.  7.  An  educated  female  physician  is  to  be  appointed  for  each  State 
lunatic  hospital.     St.  1884,  c.  116. 

Sect.  9.  The  annual  meeting  of  the  trustees  and  the  report  to  the  gov- 
ernor and  council  are  to  be  made  after  the  first  day  of  October  and  before 
the  first  day  of  November,  instead  of  before  the  fifteenth  day  of  October. 
St.  1887,  c.  170. 

Sects.  11  e^  seq.  Commitments  to  the  hospitals  for  the  insane  are  here- 
after to  be  from  districts  defined  for  each  hospital,  subject  to  modification 
by  the  State  board  of  lunacy  and  charit}'.     St.  1887,  c  346. 

Sects.  11,  12.  Further  provisions  are  made  for  the  commitment  of  insane, 
as  to  the  form  of  the  order  of  commitment  and  the  custody  of  insane  persons 
who  are  discharged  uncured.     St.  1886,  c  319. 

Sect.  21.  The  fees  as  witnesses  of  salaried  officers  are  regulated.  St. 
1890,  c.  440. 

Sects.  24-46.  Provision  is  made  for  asylums  for  the  chronic  insane  in 
cities  of  over  50,000  inhabitants.  They  are  subject  to  the  control  of  the 
State  board,  who  may  send  patients  there  from  State  asylums  or  remove 
them.     St.  1884,  c.  234. 

Sect.  25.  The  State  board  are  to  apply  for  the  commitment  to  a 
hospital  of  any  insane  person  deprived  of  proper  treatment.  St.  1890, 
c.  414. 

Sect.  34.  The  support  of  insane  persons  sentenced  to  the  State  prison, 
or  accused  of  felony  and  committed  by  order  of  court,  is  paid  by  the  State. 
Sts.  1883,  c.  148  ;   1889,  c.  90. 

Sect.  37.  The  punishment  of  persons  leaving  the  almshouse  and  beg- 
ging is  increased.     St.  1884,  c.  258,  §  1. 

Sects.  38-45.  Insane  persons  of  the  chronic  and  quiet  class  may  be 
placed  at  board  in  families.  Those  who  are  boarded  at  State  expense  must 
be  visited  at  least  once  in  three  mouths,  and  those  boarded  at  the  expense 


Table  of  Changes.  693 

of  towns  ami  cities  at  least  once  iu  six  months.  Tiiey  may  be  removed  to 
the  liospitals,  if  not  properly  treated  and  cared  for.     St.  1885,  c.  385. 

Skct.  10.  The  trustees  of  the  State  hospitals  and  of  the  Massachusetts 
general  -hospital  may  confer  on  their  superintendents  power  to  discharge 
patients  after  notice  to  the  person  who  signed  the  petition  for  commitment. 
The  superintendents  may  allow  any  inmate  to  be  taken  away  by  his  friends 
for  a  period  of  not  over  sixty  days.     St.  1883,  c.  78. 

Skcts.  46  et  seq.  No  person  whose  insanity  has  continued  for  less  than 
twelve  months  can  be  detained  in  an  almshouse  or  other  place  by  the 
overseers  of  the  poor  without  remedial  treatment,  but  must  have  the  oppor- 
tunity of  treatment  at  a  hospital  or  asylum.     St.  1886,  c.  319,  §  3. 

Sects.  47  et  seq.  Notice  of  the  admission  or  discharge  of  any  insane 
person  in  the  care  of  the  overseers  of  the  poor  must  be  given  to  the  state 
board.     St    1890,  c.  414. 

Sects.  47,  48,  49.  These  sections  are  repealed  and  the  county  receptacle 
for  the  insane  at  Ipswich  is  discontinued.     St.  1887,  c.  207. 

Sects.  55  et  seq.  The  name  of  the  Massachusetts  school  for  idiotic  and 
feeble-minded  youth  is  changed  to  the  Massachusetts  school  for  the  feeble- 
minded.    St.  1883,  c.  239,  §  1. 

The  mode  of  committing  to  the  school  is  regulated.  (See  c.  86,  §  28.) 
The  powers  of  the  trustees  are  increased  and  provision  is  made  for  the 
payments  for  the  support  of  patients  and  for  the  recovery  of  the  expense 
of  such  support  in  case  of  ])aupers.  Scholars  may  be  received  from  other 
states  or  provinces.  The  trustees  may  discharge  patients  or  send  them  home 
or  to  the  place  of  their  settlement,  or  to  the  State  almshouse,  or  allow  them 
to  be  absent  on  visits  of  not  over  three  months.     St.  1883,  c.  239. 

The  Massachusetts  school  for  the  feeble-minded  is  regulated  and  the 
laws  relating  to  it  are  revised.     St.  1886,  c.  298. 

The  amount  allowed  to  the  school  for  the  feeble-minded  is  increased 
to  $25,000.     St.  1887,  c.  123. 

CHAPTER  88. 
OF  THE  STATE  WORKHOUSE. 

The  name  of  the  State  workhouse  at  Bridgewater  is  changed  to  the  State 
farm  at  Bridgewater.     See  1887,  c.  264. 

Sect.  1.  The  present  board  is  abolished  and  a  new  board  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  c.  297. 

Sect.  6.  The  commissioners  of  prisons  may  remove  prisoners  from  the 
Massachusetts  reformatory  to  the  State  farm  for  the  remainder  of  their 
sentences,  and  the  board  of  lunacy  and  charity  have  the  same  authority  over 
such  prisoners  which  the  commissioners  would  have  had.     St.  1887,  c.  292. 

Sect.  8.  Persons  not  sentenced  who  escape  and  are  within  one  year 
found  soliciting  charity  are  punished.  Special  provision  is  made  for  their 
prosecution.     St.  1884,  c.  258. 

Prisoners  may  be  removed  from  the  State  prison  to  the  State  farm,  and 
be  returned  to  the  State  prison.     St.  1890,  c.  180. 

Persons  confined  at  the  State  farm  may  be  removed  to  any  house  of 
correction  and  be  returned  to  the  State  farm.     St.  1890,  c.  278. 


694  Public  Statutes. 


CHAPTER  89. 

OF  THE  STATE  PRIMARY  AND  REFORM  SCHOOLS  AND  THE  VISITA- 
TION AND  REFORMATION  OF  JUVENILE  OFFENDERS. 

Sect.  2.  Provision  is  made  for  the  care  and  maintenance  of  pauper 
children  between  the  ages  of  three  and  sixteen  at  the  state  primary  school, 
when  they  have  no  settlement.     St.  1882,  c.  181,  §  2. 

Skcts.  8  et  seq.  The  state  reform  school  is  hereafter  to  be  known  as  the 
Lyman  school  for  boys.     St.  1884,  c.  323,  §§  1,  2. 

The  trustees  are  authorized  to  purchase  more  land  and  erect  buildings. 
St.  1885,  c.  151. 

Sect.  15.  Girls  committed  by  the  United  States  courts  are  to  be  con- 
fined in  the  State  industrial  school  for  girls.     St.  1887,  c.  426. 

Sect.  18.  Before  a  warrant  can  issue  for  the  arrest  of  any  child  under 
twelve  a  summons  to  him  must  issue.  If  he  fails  to  appear,  then  a  warrant. 
St.  1882,  c.  127. 

Sects.  18,  23,  24.  No  boy  shall  be  committed  to  the  Lyman  school  for 
boys  if  over  fifteen.  If  error  is  made  in  his  age,  the  sentence  may  be  re- 
vised.    St.  1884,  c.  323,  §  3. 

Sect.  20.  The  last  clauses  of  this  section,  providing  for  notice  to  the 
board  of  lunacy  and  charity,  are  so  changed  that  notice  is  given  only  when 
the  judge  would  send  the  child  to  a  public  institution  or  to  the  custod}'  of 
that  board,  and  notice  to  the  mayor  or  selectmen  is  no  longer  required. 
St.  1883,  c.  110. 

Sect.  21.  A  child  under  twelve  years  of  age  must  be  committed,  in 
default  of  bail,  to  the  custody  of  the  state  board  of  lunacy  and  charity, 
except  in  cases  of  offences  punishable  by  imprisonment  for  life  or  of 
truancy.     St.  1882,  c.  127. 

Sect.  23.  No  boy  over  fifteen  years  of  age  can  be  sent  to  the  reform 
school  at  Westbo rough.     St.  1884,  c.  255,  §  11. 

Sects.  26-29.  No  child  under  twelve  years  of  age  can  be  punished  by 
confinement  in  a  jail,  house  of  correction,  the  house  of  industry  in  Boston 
Of  at  the  State  workhouse,  except  for  crimes  punishable  by  imprisonment 
for  life  or  for  truancy.     St.  1882,  c.  127. 

Sect.  33.  No  witness  fees  or  other  charge  payable  to  a  city  or  town  are  to 
be  taxed  for  any  officer  who  has  a  fixed  compensation,  except  his  expenses  to 
a  place  other  than  his  residence  or  for  the  use  of  a  team.     St.  1889,  c.  469. 

Skct.  45.  Boys  also  may  be  discharged  for  mental  incapacity  or  bodily 
infirmity.     St.  1889,  c.  123. 

Sect.  49,  which  requires  notice  of  committals  to  the  State  primary  school 
to  be  given  to  the  overseers  of  the  poor  of  the  place  of  the  child's  settle- 
ment, who  may  remove  him  or  shall  pay  for  his  board,  is  repealed.  St. 
1888,  c.  248,  §  2. 

Sect.  51,  which  provides  that  when  a  person  having  a  settlement  is  com- 
mitted to  the  industrial  or  reform  school  the  overseers  of  the  poor  of  the 
place  of  settlement  shall  be  notified,  and  the  town  or  city  shall  pay  for  his 
board  with  the  right  to  recover  it  back  from  any  parent,  kindred  or  guar- 
dian liable  by  law  to  maintain  such  person,  is  repealed.  St.  1888, 
c.  248,  §  2. 


Table  of  Changes.  G9.3 


CHAPTER  90. 

OF  CONTAGIOUS  DISEASES  AMONG   CATTLE,   HORSES    AND    OTHER 
DOMESTIC   ANIMALS. 

A  new  board  of  cattle  commissioners  is  provided  for.     St.  1885,  c.  378. 

Tliis  cliapter  is  revised.     St.  1887,  c.  252. 

The  governor  is  authorized  to  accept  the  rules  prepared  by  the  commis- 
sioner of  agriculture  for  the  suppression  of  pleuro-pneumouia  and  other  con- 
tagious diseases,  and  to  co-operate  in  their  enforcement.     St.  1887,  c.  250. 

Sect.  90.  The  cattle  commissioners  are  to  investigate  the  disease 
among  cattle  known  as  abortion.     St.  1884,  c.  232. 

CHAPTER  91. 
OF   INLAND   FISHERIES   AND   KELP, 

The  provision  for  leasing  great  ponds  is  repealed.     St.  1885,  c.  lOD. 

The  commissioners  are  authorized  to  lease  Tisbury  Great  pond.  St. 
1889,  c.  354. 

Land  may  be  flowed  for  the  purpose  of  fish  culture.     St.  1889,  c.  383. 

The  commissioners  may  forbid  the  discharge  of  sawdust  from  a  mill  into 
a  brook,  if  it  injures  the  fish.     St.  1890,  c.  129. 

A  penalt}'  is  imposed  on  persons  taking  without  the  owner's  consent  fish 
or  lobsters  caught  in  nets,  etc.,  or  wilfully  interfering  with  such  nets,  etc. 
St.  1882,  c.  53. 

Fishing  with  seines  or  nets  is  regulated  in  the  waters  of  Edgartown  and 
Cottage  City.     St.  1886,  c.  234. 

Fishing  near  Brandt  island,  in  Mattapoisett  (St.  1884,  c.  214,  §  2),  and 
in  Mashpee  and  Barnstable  is  regulated.     St.  1884,  c.  264. 

The  use  of  nets  near  the  shores  of  the  town  of  Mattapoisett  is  regulated. 
St.  1887,  c.  197. 

Fisheries  in  the  waters  of  the  town  of  Westport  are  regulated.  St. 
1887,  c.  193. 

The  town  of  Randolph  may  regulate  the  taking  of  ale  wives,  shad  and 
smelts  in  certain  streams,  and  the  commissioners  on  inland  fisheries  are 
given  authority  over  the  streams.     St.  1889,  c.  78. 

The  town  of  Bourne  may  sell  the  right  to  take  alewives  in  Herring  river 
at  auction.     St.  1889,  c.  202. 

The  fisheries  in  the  tributaries  of  Plum  Island  bay  are  protected.  .St. 
1887,  c.  105. 

The  taking  of  fish  in  the  North  river  in  the  county  of  Plymouth  is  regu- 
lated.    St.  1890,  c.  336. 

Pickerel  may  not  be  taken  in  any  other  manner  than  by  an  artificially 
or  naturally  baited  hook  and  hand  line.     St.  1888,  c.  331. 

A  bounty  is  given  for  the  destruction  of  seals.     St.  1888,  c.  287. 

Sects.  10-24.  With  certain  exceptions  nets  may  not  be  used  in  ponds. 
St.  1884,  c.  318. 

Sect.  16.  District  attorneys,  on  the  application  of  the  mayor  or  select- 
men or  of  ten  citizens,  shall  institute  proceedings  against  lessees  who  fail 
to  comply  with  the  terms  of  their  leases.     St.  1886,  c.  248. 


696  Public  Statutes. 

Sect.  17.  The  commissioners  cannot  occupy  ponds  which  have  been 
forfeited  by  the  lessees.     St.  1886,  c.  248. 

Sect.  31.  The  rights  of  the  riparian  proprietors  in  unnavigable  tidal 
stream,  in  which  fishes  are  cultivated  or  maintained,  are  extended.  St. 
1890,  c.  231. 

Sects.  32,  33.  Taking  ale  wives  in  the  county  of  Dukes  county  is  regu- 
lated, and  a  penalty  is  imposed,  amending  the  statute  next  below.  St. 
1884,  c.  245. 

The  lessees  of  Great  pond  and  Job's  Neck  pond,  in  Edgartown,  are 
allowed  to  take  smelts  and  ale  wives  at  all  seasons,  but  no  other  person 
may  take  any  other  fish  except  eels.     St.  1882,  c.  102. 

Sect.  36  is  changed  to  allow  nets  or  seines  to  be  used  in  the  Merrimack 
liver,  below  the  Essex  Merrimack  bridge,  after  June  20.     St.  1882,  c.  166. 

The  size  of  the  mesh  in  the  seine  is  limited.     St.  1884,  c.  318. 

The  commissioners  may  issue  licenses  to  take  the  protected  fisli  in  the 
tidal  waters  of  the  Merrimack  river  and  its  tributaries,  but  shall  charge  no 
fee  therefor.     St.  1883,  c.  121. 

Sects.  36-39.  Shiners,  for  bait,  may  be  caught  with  seines  in  the  Mer- 
rimack river,  in  November  and  December,  except  near  fishways,  other  fish 
being  returned  to  the  water.     St.  1883,  c.  31. 

Sect.  41.  The  North  river,  in  Plymouth  county,  is  excepted  from  this 
section,  and  fishing  there  is  regulated.     St.  1884,  c.  199. 

Sects.  51-53.  The  close  time  for  trout,  land-locked  salmon  and  lake 
trout  shall  begin  on  the  first  day  of  September  instead  of  on  the  first  da}^ 
of  October.     St.  1884,  c.  171. 

In  Berkshire,  Franklin,  Hampsbire  and  Hampden  the  close  time  is  from 
the  first  day  of  August  to  the  first  day  of  April.     St.  1890,  c  193. 

Sect.  55.  Shad  are  protected  in  Mill  river  in  Essex.  St.  1888,  c. 
126. 

Sect.  57.  Smelts  in  the  waters  of  the  tributaries  of  Plum  Island  bay 
are  protected.     Sts.  1887,  c.  105  ;   1890,  c.  30. 

Sect.  68.  The  taking  of  eels  and  shell-fish  may  be  prohibited  as  well 
as  regulated.     St.  1889,  c.  391. 

Sects.  68,  69.  The  planting,  cultivating  and  digging  of  clams  in 
Gloucester  is  authorized  under  the  direction  of  the  mayor  and  aldermen. 
St.  1889,  c.  64. 

Sect.  70.  The  fish  weirs  mentioned  in  this  section  are  not  affected  by 
Sts.  1886,  c.  192,  §  4;   1887,  c.  197. 

Sects.  73,  74,  75.  The  owners  of  traps  or  other  contrivances  for  catch- 
ing lobsters  must  make  returns.  They  must  also  mark  their  names  and 
residences  thereon.     St.  1889,  c.  109. 

Sect.  79.  Fisheries  in  Buzzard's  bay  are  regulated.  Sts.  1886,  c.  192  ; 
1887,  c.  197. 

Sects.  81,  82,  which  regulate  the  catching  of  lobsters,  are  amended  by 
reducing  the  time  from  "  June  20  to  September  20,"  to  the  month  of  July, 
and  changing  "  lobster  "  to  "  female  lobster  bearing  eggs."     St.  1882,  c.  98. 

vSects.  81  etseq.  Further  provision  is  made  for  the  protection  of  female 
lobsters.  The  commissioners  may  occupy  not  exceeding  six  small  estua- 
ries for  the  purpose  of  investigating  the  habits,  propagation  and  distribu- 
tion of  lobsters.     St.  1889,  c.  109. 


Table  of  Changes.  C97 

Skot.  84.  The  possession  of  a  lobster  under  legal  size  is  punished, 
the  words  "with  intent  to  sell"  being  stricken  out.  Mutilation  affecting 
the  length  is  prima  facie  evidence  that  the  lobster  is  under  the  legal  size. 
The  connnissioners  of  inland  fisheries,  with  the  assistance  of  the  district 
police,  have  power  to  enforce  the  law.     St.  1884,  c.  212. 

"Whoever  severs  the  tail  from  the  body  of  a  lobster  before  the  lobster  is 
cooked  is  punished.     St.  1890,  c.  293. 

The  fish  commissioners,  either  personally  or  by  deputy,  and  the  district 
police,  detailed  for  that  purpose,  may  search  suspected  places  for,  seize 
and  remove  lobsters  taken,  held  or  offered  for  sale  illegally.  St.  1885, 
c.  2o6. 

The  mode  of  measuring  lobsters  is  changed.     St.  1887,  c.  314. 

Sects.  81,  82,  84.  One-half  of  the  fine  is  paid  to  the  complainant  and 
one-half  to  the  county.     St.  1887,  c.  314. 

St.  1887,  c.  96,  §  1,  does  not  apply  to  scallops  taken  for  bait  in  the 
waters  adjacent  to  Nantucket.     St.  1888,  c.  238. 

The  taking  of  scallops  in  the  head  waters  of  Buzzard's  bay  is  regulated. 
St.  1888,  c.  223. 

The  planting  of  clams  around  the  shores  of  Winthrop  is  regulated.  St. 
1888,  c.  202. 

The  planting  of  clams  around  the  shores  of  Essex  is  regulated.  St. 
1888,  c.  198. 

Sects.  97-101.  Oyster  licenses  may  be  granted  for  any  waters  where 
there  are  no  natural  oyster  beds.     St.  1884,  c.  284. 

Tlie  granting  of  licenses  to  plant,  grow  and  dig  oysters  is  regulated,  and 
their  revocation  is  provided  for.     St.  1885,  c.  220,  §§  1,2. 

Interference  with  licensed  oyster  beds  is  punished.     St.  1885,  c  220,  §  5. 

vSect.  97.  Oj'ster  licenses  are  limited  to  ten  years  instead  of  twenty. 
St.  1884,  c.  284. 

Licenses  can  be  held  only  by  inhabitants  of  the  town  and  are  only  assign- 
able with  the  consent  of  the  authorities.     St.  1886,  c.  299,  §  1. 

Sect.  100.  The  hours  are  extended  to  an  hour  after  sunset  and  before 
sunrise.     St.  1886,  c.  299,  §  2. 

Sects.  97  et  seg.  The  forfeiture  under  section  100  is  extended  to  all 
violations  of  the  law.     St.  1886,  c.  299,  §  3. 

Oyster  fisheries  in  Westport  rivers  are  regulated.     St.  1887,  c.  119. 

Sect.  102.  The  taking  of  scallops  is  regulated.  Sts.  1887,  c.  96  ;  1888, 
ce.  238,  223. 

Constables  may  be  designated  to  enforce  the  laws  relating  to  shell  fish- 
eries, with  authority  to  arrest  without  warrant,  and  seize  vessels  and  imple- 
ments, which  shall  be  forfeited.     St.  1885,  c.  220,  §  6. 

Sect.  104.  All  moieties  of  fines  and  forfeitures  which  may  accrue  to 
deputies  appointed  by  the  commissioners  shall  be  paid  into  the  treasury  of 
the  Commonwealth.     St.  1890,  c.  390. 

CHAPTER  92. 

OF  THE  PRESERVATION  OF  CERTAIN  BIRDS  AND  OTHER  ANIMALS. 

The  owner  of  land  may  post  notices  forbidding  shooting  and  trapping, 
and  it  shall  then  be  unlawful  to  enter  it  for  those  purposes.     Game  arti- 


698  Public  Statutes. 

ficially  propagated  on  laud  where  shooting  or  trapping  is  forbidden  belongs 
to  the  land-owner.     St.  1884,  c.  308. 

Any  person  who  introduces  into  the  county  of  Dukes  County  and  liber- 
ates there  a  fox  or  raccoon  shall  be  punished.  The  county  commissioners 
of  that  county  may  offer  a  reward  for  their  destruction.     St.  1890,  c.  237. 

Sect.  2.  The  close  time  for  woodcocks  and  ruffed  grouse,  commonly 
called  partridge,  is  changed.     St.  1888,  c.  292. 

Sect.  2.  The  close  time  for  pinnated  grouse,  woodcock,  ruffed  grouse, 
quail,  wood  or  summer  duck,  black  duck  or  teal  or  any  of  the  so-called 
duck  species  is  fixed.     St.  1890,  c.  249. 

The  shooting  of  black  duck  in  Plymouth  harbor  or  bay  is  regulated. 
St.  1888,  c.  269. 

Sect.  G.  Provision  is  made  for  the  extermination  of  the  English  spar- 
row.    St.  1890,  c.  443. 

Sect.  7.  The  trapping  or  snaring  of  ruffed  grouse,  hares  or  rabbits  is 
regulated.     St.  1887,  c.  300. 

Sect.  S.  The  time  during  which  deer  may  be  taken  is  changed  from  the 
month  of  November  to  four  days  in  each  week  in  November,  and  the 
penalty  is  modified.     St.  1882,  c.  199,  §  1. 

The  killing  of  deer,  except  tame  deer  on  the  owner's  grounds,  is  forbid- 
den in  Plymouth  and  Barnstable  counties.     St.  1883,  c.  169. 

Sect.  10  is  amended,  so  that  the  possession  of  a  deer,  except  in  Novem- 
ber, is  prima  facie  evidence  of  a  violation  of  the  law.    St.  1882,  c.  199,  §  2. 

Shooting  wild  fowl  from  boats  in  the  waters  in  and  around  Nantucket  is 
forbidden.     St.  1886,  c.  246. 

Chapter  92  is  repealed  and  a  substitute  is  passed.     St.  1886,  c.  276. 

CHAPTER  94. 
OF  TIMBER  AFLOAT  OR  CAST  ON  SHORE. 

The  Connecticut  River  Lumber  Company  is  authorized  to  construct  a 
boom  in  the  river.     St.  1882,  c.  274. 

Sect.  5,  which  forbids  the  driving  of  logs,  except  in  rafts,  in  the  Con- 
necticut river,  is  limited  to  the  river  below  the  entrance  of  the  Chicopee 
river ;  but  the  Connecticut  River  Lumber  Company  must  pay  damage  to 
owners  of  ferries  and  pleasure  boats  above.     St.  1882,  c.  274. 

St.  1882,  c.  274,  §  2,  is  repealed,  and  section  5  of  this  chapter  is  amended. 
St.  1883,  c.  183. 

The  county  commissioners  of  Franklin,  Hampden  and  Hampshire,  within 
their  respective  counties  may  regulate  the  floating  of  timber  on  the  Con- 
necticut river  above  the  Chicopee  river,  and  require  persons  doing  it  to 
protect  dams,  bridges  and  boats.     St.  1883,  c.  183,  §  2. 

CHAPTER  97. 

OF  WRECKS   AND   SHIPWRECKED   GOODS. 

Provision  is  made  for  the  removal  of  wrecks  and  unauthorized  structures 
in  the  navigable  waters  of  the  Commonwealth.     St.  1883,  c.  260. 
This  chapter  is  revised.     St.  1887,  c.  98. 


Table  of  Changes.  699 

CHAPTER  98. 
OF  THE   OBSERVANCE   OF   THE   LORD'S   DAY. 

The  provisions  relating  to  the  observance  of  the  Lord's  day  shall  not  be 
a  defence  to  actions  for  torts  or  injuries  suffered  by  a  person  on  that  day. 
St.  1884,  c.  37. 

Sect.  1.  This  section  is  limited  to  the  evening  of  the  Lord's  day,  and 
no  longer  forbids  games  and  public  diversions  on  Saturday  night.  St. 
1887,  c.  391,  §  1. 

Many  descriptions  of  labor  are  excepted  from  the  prohibition  of  this 
section.     St.  1887,  c.  391,  §  2. 

Sect.  3,  which  forbids  travelling,  is  repealed.     St.  1887.  c.  391,  §  4. 

Sect.  13.  The  railroad  commissioners  may  license  other  than  through 
trains  and  also  steamboat  lines.     St.  1887,  c.  391,  §  3. 

CHAPTER   99. 
OF  GAMING. 

In  case  of  wagering  contracts  in  securities  or  commodities  any  payment 
made  or  the  value  of  anything  delivered  may  be  recovered  back.  The  fact 
that  the  seller  did  not  own  the  securities  or  commodities  or  that  a  settle- 
ment has  been  made  without  an  actual  delivery,  shall  be  prima  fade 
evidence  that  it  was  a  wagering  contract.  The  principal  and  agent  in  the 
contract  are  jointly  liable.     St.  1890,  c.  437. 

Provision  is  made  for  the  removal  of  certain  obstructions  in  gambling 
resorts.     St.  1887,  c.  448. 

Sect.  8,  which  forbids  the  buying  or  selling  of  pools  and  the  registering 
of  bets,  is  revised  and  extended.     St.  1885,  c.  342. 

Sect.  10.  The  penalty  is  extended  to  those  present  at  a  gambling  house 
as  well  as  to  those  playing.     St.  1883,  c.  120. 

The  provisions  against  common  gaming  houses  are  revised  and  extended. 
St.  1887,  c.  448,  §  2. 

CHAPTER   100. 

OF   INTOXICATING    LIQUORS. 

No  case  for  the  violation  of  the  liquor  laws  shall  be  disposed  of  except 
by  trial  and  judgment  unless  the  presiding  judge  on  affidavits  orders  it. 
St.  1885,  c.  359. 

No  holder  of  a  license  for  the  sale  of  intoxicating  liquor  to  be  drunk  on 
the  premises  shall  employ  any  person  under  the  age  of  eighteen  years  to 
serve  such  liquor.     St   1890,  c.  446. 

Legislation  intended  to  prevent  the  sale  of  liquor  in  clubs.  St.  1890, 
c.  439. 

The  mayor  or  selectmen  may  proliibit  the  sale  of  liquor  in  cases  of  riot 
or  great  public  excitement.     St.  18^7,  c.  365. 

Sects.  2,  3,  5,  8,  10.  The  sale  of  intoxicating  liquor  by  retail  druggists 
and  apothecaries  is  regulated.     St.  1887,  c.  431. 


700  Public  Statutes. 

Sect.  5  Licenses  of  the  first  three  classes  canuot  be  granted  for  the 
sale  of  liquors  in  any  bnilding  or  place  within  four  hundred  feet  of  a  public 
school.     St.  1882,  c.  220. 

Applications  ma^'  be  received,  investigated  and  acted  upon  in  March  or 
April  and  granted  in  April.     St.  1883, .c.  93. 

Licenses  may  be  transferred  from  one  place  to  another  by  leave  of  the 
licensing  board  under  restrictions.     St.  1889,  c.  344. 

The  number  of  places  which  may  be  licensed  for  the  sale  of  intoxicating 
liquor  is  limited.     St.  1888,  c  340. 

In  Boston  licenses  are  to  be  signed  by  the  police  commissioners.  St. 
1885,  c.  83. 

Sect.  G.  The  publication  of  the  notice  of  application  for  licenses  in 
Charlestown,  East  Boston,  South  Boston,  Roxbury,  West  Roxbury,  Dor- 
chester and  Brigliton  districts,  must  be  in  one  weekly  paper  in  the  district 
as  well  as  in  the  daily  papers  in  Boston.     St.  1882,  c.  222. 

Applications  may  be  advertised  in  March  or  April.     St.  1883,  c.  93. 

Sect.  7.  The  objection  may  be  made  by  any  person  owning  real  estate 
within  twenty-five  feet  of  the  premises.     St.  1887,  c.  323. 

Sect.  9.  Common  victuallers  must  close  between  twelve  and  five  in  the 
morning.     St.  1882,  c.  242. 

The  sale  of  intoxicating  liquor  is  forbidden  after  eleven  o'clock  instead 
of  twelve.     St.  1885,  c.  90. 

The  fourth  condition  of  the  license  is  extended  to  forbid  sales  or  deliv- 
eries to  persons  known  to  have  been  supported,  in  whole  or  in  part,  b}- 
public  charity  within  twelve  months  before  the  date  of  the  license.  St. 
1884,  c.  158. 

No  common  victualler  or  innkeeper  having  a  license  to  sell  intoxicating 
liquors  may  sell,  give  away  or  deliver  such  liquors  on  the  da}'  of  any 
national,  municipal  or  annual  town  election  in  his  town  or  city.  St.  1885, 
e.  216. 

Nor  on  Fast  day.  Memorial  day.  Thanksgiving  day,  Christmas  day  or 
the  twenty-sixth  day  of  December  when  Christmas  falls  on  Sunday.  St. 
1888,  c.  254. 

In  case  of  special  elections  liquors  may  be  sold  in  wards  in  which  no 
election  is  held.     St.  1889,  c.  186. 

The  sale  of  liquor  on  labor  da}'  is  forbidden.     St.  1889,  c.  347. 

Sect.  10.  Nolicenseof  the  first  five  classes  shall  be  granted  to  be  exercised 
in  a  dwelling  house,  or  store  having  an  interior  connection  with  a  dwelling 
or  tenement,  and  such  connection  makes  a  license  void.  St.  1888,  c. 
139. 

A  condition  is  added  to  licenses  of  the  first,  second  and  third  classes  for- 
bidding the  sale  or  gift  of  liquor  on  election  days.     St.  1888,  c.  262. 

The  condition  against  selling  liquor  on  election  days  is  extended  to 
licenses  of  the  fourth  and  fifth  class,  except  those  of  wholesale  druggists. 
St.  1889,  c.  361. 

No  license  of  the  sixth  class  shall  be  granted  to  any  person  who  is  not 
a  registered  pharmacist  actively  engaged  in  business  on  his  own  account. 
St.  1889,  0.  270. 

Sect.  11.  The  minimum  fee  for  liquor  licenses  is  fixed  at  a  larger 
amount.     St.  1888,  c.  341. 


Table  of  Changes.  701 

Sect.  12.  To  provisions  forbidding  any  screen  to  prevent  a  view  of  the 
business,  is  added  "  or  a  view  of  the  interior  of  said  premises,"  and  such 
screen  or  obstruction  makes  the  license  void.     St.  1882,  c.  259. 

Sect.  13.  Each  surety  offered  on  the  bond  given  to  obtain  a  license 
must  make  affidavit  that  he  is  worth  $2,000  above  all  liabilities,  and  sliall 
designate  projierty  sufficient  to  meet  the  bond.  This  affidavit  is  filed  with 
the  bond.      St.  1882,  c.  259. 

The  form  of  bend  is  changed  by  substituting  the  words  "  incurred  by 
violation  of  such  provisions  of  law,"  for  the  words  "which  may  be  re- 
covered from  him  under  and  pursuant  to  such  provisions  of  law."  St.  1888, 
c.  283. 

Sect.  16.  A  conviction  for  a  violation  of  any  of  the  provisions  of  this 
chapter  and  the  acts  in  amendment  of  it,  of  itself  makes  the  license  void. 
St.  1887,  c.  392. 

Sect.  18.  Common  victuallers  who  keep  open  during  the  forbidden 
hours  come  within  the  fines  and  forfeitures  of  this  section.  St.  1882, 
c.  242. 

This  section  is  revised.  The  punishment  shall  be  both  fine  and  impris- 
onment. Persons  holding  licenses  of  the  sixth  class  do  not  forfeit  them 
by  violating  their  provisions.  The  provision  requiring  tlie  ma3'or  and 
aldermen  of  cities  and  the  selectmen  of  towns  to  prosecute  violations  of 
this  section  is  omitted.     St.  1889,  c.  114. 

St.  1889,  c.  114,  does  apply  to  pending  cases  or  offences  committed  be- 
fore its  passage.     St.  1889,  c.  268. 

Sect.  24.  Sales  to  minors  are  forbidden,  either  for  their  own  use,  the  use 
of  tlieir  parents  or  of  any  other  person.  The  action  is  limited  to  two  years. 
St.  1889,  c.  390. 

Sect.  25.  This  section,  which  forbids  sales  after  notice,  applies  to  sales 
by  druggists  and  apothecaries  except  on  prescriptions  of  physicians.  The 
mayor  of  a  city  or  any  one  of  the  selectmen  of  a  town  may  give  the  notice, 
and  then  sue  in  his  own  name,  but  for  the  benefit  of  husband,  wife,  child, 
parent  or  guardian  of  the  person.     St.  1885,  c.  282. 

Sect,  26.  Signs,  placards  and  advertisements,  except  in  drug  stores, 
announcing  the  keeping  of  intoxicating  liquor,  and  United  States  tax 
receipts  as  a  dealer  in  liquors  other  than  malt  liquors,  shall  be  privot 
facie  evidence  that  such  liquors  are  there  kept  for  sale.  St.  1887,  c. 
414. 

Sect.  27.  Beverages  containing  more  than  one  percent,  of  alcohol  shall 
be  deemed  intoxicating,  instead  of  those  containing  more  than  three  per 
cent.     St.  1888,  c.  219. 

Sect.  29.  The  assaN'er  of  liquors  is  required  to  analyze  liquors  sent  to 
him  by  officers,  and  the  forms  of  application  and  certificate  are  given. 
Tampering  with  the  samples  is  punished.  His  certificate  is  evidence.  The 
court  may  order  analysis  by  other  chemists.     St.  1882,  c.  221. 

The  salary  of  the  inspector  and  assayer  of  liquors  is  to  be  paid  monthly 
instead  of  quarterly.     St.  1885,  c.  224. 

The  salary  of  the  inspector  and  assayer  of  liquors  is  raised  from  $500  to 
Si, 200.     Sts.  1886,  c.  175  ;  1887,  c.  232. 

Sect.  30.  A  search  warrant  for  liquor  may  be  issued  by  a  justice  of  the 
peace  authorized  to  issue  warrants  in  criminal  cases.     St.  1884,  c.  191. 


702  PufeLic  Statutes. 

The  warrant  shall  require  all  implements  of  sale  and  furniture  used  in 
the  sale  of  such  liquor  to  be  seized.     St.  1887,  c.  406. 

Sects.  30,  33.  All  implements  of  sale  and  furniture  used  or  kept  and 
provided  to  be  used  in  the  illegal  keeping  or  sale  of  the  liquor  are  also  to 
be  seized.     St.  1888,.^.  297. 

Sect.  33.  The  offlfcer  shall  also  seize  all  implements  of  sale  and  furni- 
ture used  in  the  sale  of  such  liquor.     St.  1887,  c.  406. 

Sect.  38  is  amended  to  provide  for  the  mode  of  transportation  of  the 
liquor,  a  receipt  for  the  same  and  the  fees.     St.  1887,  c.  53. 

Implements  of  sale  and  furniture  may  be  destroyed  or  sold  as  the  court 
may  order  by  any  officer  qualified  to  serve  criminal  process,  he  making 
return.     St.  1888,  c.  297. 

Sect.  40.  Ten  dollars  and  the  fees  allowed  by  law  for  analysis  are 
added  to  the  costs  now  allowed  in  certain  cases.     St.  1888,  c.  277. 

Sect.  45.     Clubs  may  be  licensed  to  sell  liquors.     St.  1887,  c.  206. 

CHAPTER  101. 
OF  THE  SLTFPRESSION  OF  COMMON  NUISANCES. 

Sect.  6.  Common  nuisances  under  this  section  may  be  enjoined  in 
equity  on  information  by  the  district  attorney,  or  on  a  petition  by  not  less 
than  ten  legal  voters.     St.  1887,  c.  380. 

Placards,  signs  and  advertisements  and  United  States  tax  receipts  are 
prima  facie  evidence.     St.  1887,  c.  414. 

CHAPTER  102. 
OF   LICENSES   AND   MUNICIPAL  REGULATIONS   OF  POLICE. 

Cities,  except  Boston,  and  towns  may  provide  for  the  registration  and 
licensing  of  plumbers,  and  regulate  the  materials,  construction  and  inspec- 
tion of  their  work  and  make  plans  for  it  subject  to  the  approval  of  the 
board  of  health.     St.  1888,  c.  105. 

Sect.  4.  Licenses  of  innholders  and  common  victuallers  shall  expire 
on  the  thirtieth  day  of  April,  but  may  be  granted  in  April  to  take  effect  on 
the  first  day  of  May  ensuing.     St.  1890,  c.  73. 

Sect.  12.  The  liability  of  innholders  is  still  further  limited.  St.  1885, 
c.  358. 

Sect.  13.  Any  person  who  fraudulently  procures  entertainment  at  a 
boarding  house  is  punished.  A  copy  of  this  section  must  be  posted  up. 
St.  1883,  c.  187. 

The  maximum  fine  for  fraudulently  procuring  entertainment  at  an  inn  is 
reduced  from  one  hundred  to  fifty  dollars.     St.  1884,  c.  169. 

Sect.  33.  Articles  of  personal  apparel  shall  not  be  deemed  to  be  of  a 
perishable  nature  for  purposes  of  sale  by  pawnbrokers.     St.  1884,  c.  324. 

Sects.  33-36.  Persons  engaged  in  the  business  of  loaning  money,  or  its 
equivalent,  in  sums  of  less  than  one  hundred  dollars,  on  household  goods, 
Avearing  apparel  or  articles  of  personal  use  or  ornament,  or  on  pledges  or 
mortgages  of  such  property,  it  being  delivered  to  them,  are  subject  to  these 
sections.     St.  1885,  c.  252. 


Table  of  Changes.  703 

Sect.  34  is  not  repealed  or  affected  by  Sts.  18.S8,  c  388;  and  that  act 
sliall  not  be  construed  to  apply  to  licensed  pawnbrokers.  St.  1890,  c.  41G, 
§  6. 

Sects.  34-37.  Loans  and  pledges  with  household  goods,  wearing 
apparel  or  articles  of  personal  use  or  ornament  as  collateral  are  regulated. 
St.  1890,  c.  416. 

Sect.  35  is  amended  so  that  any  district  police  officer  may  also  enter  and 
examine  pawnshops.     St.  1888,  c.  243. 

Sect.  39.  ]\Iore  than  four  horses  cannot  be  kept  without  a  license.  St. 
1890,  cc.  230,  395. 

Sect.  54.     Cities  and  towns  may  regulate  the  sale  or  use  of  toy  pistols, 
toy  cannon,  and  all  articles  in  which  explosives  are  used.     St.  1882,  c.  272. 
Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  minors 
under  fifteen  years  of  age.     St.  1884,  c.  76. 

Sect.  56.  Any  one  storing  or  keeping  for  sale  gunpowder  over  one 
pound  in  amount,  must  at  once  give  notice  to  the  chief  engineer,  or,  in 
Boston,  to  the  board  of  fire  commissioners,  of  the  amount  and  place  in  the 
building.     St.  1882.  c.  269. 

Sect.  75.  Towns  and  cities  may  regulate  the  inspection  of  kerosene 
and  petroleum.     St.  1885,  c.  122,  §  1. 

Sect.  80.  A  dog  which  becomes  three  mouths  old  after  the  thirtieth  day 
of  April  must  be  licensed.     St.  1885,  c.  292. 

Sects.  80,  81,  82,  87.  Special  licenses  for  the  keeping  of  dogs  for 
breeding  purposes  may  be  granted.     St.  1887,  c.  307. 

The  license  for  a  spayed  female  dog  is  two  dollars.     St.  1890,  c.  72. 
The  keeping  of  bloodhounds  and  other  like  dogs  is  forbidden.     St.  1886, 
c.  340. 

Sect.  84.  The  board  of  police  for  the  city  of  Boston,  and  not  the  chief 
of  police,  shall  issue  dog  licenses  and  receive  the  money  therefor.  St. 
1887,  c.  135. 

City  and  town  clerks  must  give  a  bond  to  account  for  money  received 
for  dog  licenses.     St.  1888,  c.  320. 

The  clerks  must  pay  over  the  money  received  from  dog  licenses  on  the 
first  days  of  June  and  December,  instead  of  the  first  day  of  December. 
St.  1886,  c.  259. 

Sect.  86.     In  case  of  a  transfer  of  a  dog  license,  it  must  be  recorded 
again  if  the  dog  Is  kept  in  the  city  or  town  thirt}'  days.     St.  1884,  c  185. 
Sect.   98.     The  law  relative  to  damages  done  by  dogs  to  sheep,  lambs, 
fowls  or  other  domestic  animals  is  revised.     St.  1889,  c.  454. 

Sects.  115-127.  Provision  is  made  for  licensing  skating  rinks.  Per- 
sons keeping  unlicensed  rinks  are  punished.  Officers  may  enter  such  rinks 
to  enforce  the  laws.     St.  1885,  c.  196. 

Children  under  the  age  of  thirteen  years  may  not  be  admitted  to  any 
licensed  show  or  place  of  amusement  unless  accompanied  by  some  person 
above  the  age  of  twenty-one  years.     St.  1887,  c.  446. 

Sects.  116,  117,  118,  119.  Municipal,  district  and  police  courts  are 
given  concurrent  jurisdiction  with  the  superior  court  of  offences  under 
these  sections  which  forbid  unlicensed  theatrical  exhibitions  and  shows 
and  masked  balls.     St.  1887,  c  293. 

Sect.  124.     The  fee  for  licenses  of  pawnbrokers,  etc.,  is  made  payable 


701  Public  Statutes. 

to  the  board  issuing  the  license,  instead  of  to  the  clerk,  and  the  fees  given 
are  to  be  the  minimum  fees  only.     St.  1882,  c.  258. 

Sects.  124,  126,  127.  Groves  used  for  picnics  and  other  amusements 
must  be  licensed  in  towns  or  cities  which  accept  this  act.  St.  1885, 
c.  309. 

Hawking,  peddling,  vending  provisions  and  refreshments,  gaming,  horse 
racing  or  the  exhibition  of  plays  or  shows  within  one  half  mile  of  picnics 
and  other  lawful  gatherings  in  licensed  groves  is  forbidden.  St.  1887, 
0.  445. 

CHAPTER   103. 

OF   THE  DISTRICT   AND   OTHER    POLICE. 

The  district  police  is  divided  into  an  inspection  department  and  a  detec- 
tive department.     St.  1888,  c.  113. 

Sect.  1.  The  number  of  the  district  police  is  increased  to  thirty-three, 
of  whom  twenty  are  in  the  inspection  department.  Sts.  1885,  c.  131  ; 
1887,  c.  256  ;   1888,  cc.  389,  426,  §  13. 

The  chief  of  the  district  police  may  appoint  two  clerks  at  Si, 500  and 
$800.     St.  1890,  c.  137. 

Candidates  for  the  district  police  need  not  be  examined  by,  or  under 
the  direction  of,  a  justice  of  the  superior  court.     St.  1885,  c.  186. 

Sect.  5.  The  salary  of  members  of  the  district  police  is  raised  from 
$1,200  to  $1,500,  and  the  chief  shall  receiv^e  a  sum  not  exceeding  $2,000, 
instead  of  not  exceeding  61,700.     St.  1887,  c.  127. 

Sect.  10.  It  is  made  the  duty  of  the  inspectors  of  buildings  to  enforce 
sections  16,  17,  18  of  chapter  104  of  the  Public  Statutes,  as  well  as  sections 
13-15  and  19-22,  except  where  there  are  special  officers  for  the  purpose. 
If  they  neglect  their  duty,  they  are  to  be  discharged.  These  sections  relate 
to  fire  escapes.     St.  1882,  c.  266,  §§  4,  5,  6. 

Sect.  10.  The  duties  of  the  inspectors  are  extended  to  include  the 
enforcement  of  the  laws  regarding  the  employment  of  children,  3'oung  per- 
sons and  women  in  factories  or  workshops,  and  the  ventilation  and  sanitary 
provisions  in  factories  and  workshops.     St.  1887,  c.  218. 

Sect.  15.  Railroad  police  shall  be  sworn  and  hold  office  until  their 
appointment  is  revoked  by  the  mayor  and  aldermen  or  selectmen.  St. 
1883,  c.  65. 

CHAPTER  104. 
OF   THE   INSPECTION   OF   BUILDINGS. 

An  appeal  is  given  from  the  orders  of  the  inspection  department  of  the 
district  police.     St.  1890,  c.  438. 

Sects.  4-12.  Any  member  of  the  inspection  department  of  the  district 
police  may,  when  called  upon  by  the  authorities,  inspect  buildings  alleged 
to  be  unsafe,  and  order  them  removed  or  made  safe.     St.  1888,  c.  399. 

Sect.  6.  Where  there  is  no  city  engineer  or  chief  engineer,  the  mayor 
and  aldermen  or  the  selectmen  may  appoint  some  person  to  sit  in  their 
place.     St.  1888,  c.  399,  §  3. 


Table  of  Change?.  705 

A  copy  of  the  plans  and  such  portion  of  the  specifications  as  he  may 
require  of  any  building  designed  for  certain  public  purposes,  as  factories 
or  mercantile  establishments,  hotels,  lodging  or  tenement  houses,  above  a 
certain  size,  shall  be  submitted  to  the  inspector  of  factories.  He  may 
require  proper  provisions  against  fire.  His  certificate,  with  the  endorse- 
ment of  the  chief  of  the  district  police,  shall  be  conclusive  evidence  that 
this  act  has  been  complied  with.     St.  1888,  c.  316. 

Such  buildings  shall  have  sufficient  ways  of  egress  and  other  means  of 
escape  from  fire.  The  position  of  hot  pipes  is  regulated  and  wooden  flues 
and  air  ducts  are  forbidden.  The  erection  of  a  building  in  violation  of 
this  act  ma}'  be  enjoined.     St.  1888,  c.  31G. 

Sfxts.  13-24.  The  inspectors  may  require  in  a  manufacturing  establish- 
ment run  by  steam  that  communication  shall  be  provided  between  each 
room  and  the  engineer's  room.     St.  1886,  c.  173. 

Appliances  that  may  control  the  motive  power  are  added  to  the  means  of 
communication  with  the  engine  room.     St.  1890,  c  179. 

Sect.  14,  relating  to  hoistways,  elevators,  etc.,  in  factories,  is  extended 
to  mercantile  and  public  buildings.  Safety  appliances  to  the  elevators  in 
event  of  accident  to  the  hoisting  machinery  are  also  required.  St.  1882, 
c.  208. 

The  inspectors  of  buildings  may  forbid  the  use  of  passenger  or  freight 
elevators  which  are  unsafe,  and  may  post  a  notice  to  that  effect,  whicli 
must  not  be  removed.     St.  1883,  c.  173. 

The  employment  of  custodians  of  elevators  is  regulated.  St.  1890, 
c.  90. 

Sects.  15-20.  These  sections  are  repealed.  The  provisions  as  to  pre- 
cautious against  fires,  fire  escapes  and  the  egress  from  buildings  in  case  of 
fire  are  revised  and  extended.  The  proscenium  of  all  theatres  must  have 
a  fire-resisting  curtain  approved  by  the  inspectors.     St.  1888,  c.  426. 

Sect.  15-18.  Hotels,  lodging  houses  or  boarding  houses  above  a  fixed 
size,  must  have  watchmen,  lights  in  the  halls,  gongs  and  notices  describing 
the  means  of  escape.  The  municipal  authorities  may  require  further  pre- 
cautions.    St.  1883,  c.  251. 

A  knotted  rope  or  other  better  appliance  for  use  as  a  fii'e  escape  must  be 
placed  in  every  room  in  hotels  above  the  ground  floor  which  is  used  as  a 
lodging  room.     St.  1890,  c.  307. 

Certain  approved  appliances  are  allowed  in  the  place  of  one  watchman. 
St.  1884,  c.  223,  §  1. 

The  sections  apply  to  family  hotels.     St.  1884,  c.  223,  §  2. 

The  inspector  of  buildings  in  Boston  may  allow  any  family  hotel  in  said 
city  to  dispense  with  a  private  watchman.     St.  1888,  c.  86. 

Sects.  14-22.  The  authority  of  the  inspectors  to  enforce  sections  14  to 
22  does  not  extend  to  Boston.     St.  1887,  c.  276. 

Sect.  15,  regulating  fire  escapes,  is  made  to  apply  to  manufactuing 
establishments  as  well  as  to  factories  ;  and  cities  may  make  it  apply  to  all 
buildings  three  stories  or  more  in  height.     St.  1882,  c.  266,  §  1. 

Sect.  19.  No  inside  or  outside  door  of  any  building  where  operatives 
are  employed  shall  be  fastened  during  working  hours,  and  the  inspectors 
of  factories  must  enforce  this  law.     Si.  1884,  c.  52. 

St.CT.  20.     Every  tenement  or  lodging  house  three  or  more  stories  in 


TOG  Public  Statutes. 

height  must  have  a  fire  escape  approved  by  the  inspectors,     St.  1882,  c. 
•266,  §  2. 

Theatres  must  have  approved  fire-resisting  curtains.     St.  1888,  c.  426, 

§  1. 

Sect.  22.  The  penalty  is  changed  from  a  forfeiture  to  a  fine  and  made 
to  cover  sections  13  to  21  inclusive,  instead  of  i;?,  14,  1.5,  19,  20,  21.  Tiie 
person  to  whom  notice  of  required  changes  must  be  given  is  defined.  St. 
1882,  c.  266,  §  3. 

The  inspectors  of  factories  must  call  the  attention  of  the  board  of  health 
to  any  nuisances  about  factories  and  workshops,  and  the  board  of  health 
must  enforce  the  law  against  them.     St.  1887,  c.  103. 

Public  buiklings  and  schoolhouses  must  be  provided  with  proper  sanitary 
provisions  and  ventilation.     St.  1888,  c.  149. 

Sect.  23.  The  authority  of  inspectors  under  sections  13  to  21  does  not 
extend  to  Boston  or  other  cities  where  there  are  officers  specially  appointed. 
St.  1882,  c.  266,  §  4. 

Sect.  24,  which  requires  the  discharge  of  officers  not  attending  to  their 
duties,  is  made  to  apply  to  sections  16,  17,  18.     St.  1882,  c.  266,  §  5. 

CHAPTER    lO.o. 

OF    CERTAIN    POWERS,    DUTIES    AXD     LIABILITIES    OF    CORPORA- 
TIONS. 

Foreign  corporations,  except  insurance  companies  doing  business  here, 
must  appoint  the  commissioner  agent  to  receive  service  in  suits,  and  must 
make  return  of  their  charters  and  capital.     St.  1884,  c.  330. 

Corporations  mentioned  in  St.  1882,  c.  106,  §  1,  upon  filing  the  copy  and 
statement  required  by  St.  1884,  c.  330,  are  relieved  from  making  the  returns 
and  certificates  as  to  their  condition  and  capital  stock  required  b}'  St.  1882, 
c.  106,  ^§  1,  2.     St.  1886,  c.  230. 

Manufacturing  corporations  established  under  the  laws  of  other  States 
which  have  complied  with  St.  1884,  c.  330,  may  purchase  and  hold  such 
real  estate  in  this  Commonwealth  as  may  be  necessary  for  conducting  their 
business.     St.  1888,  c.  321. 

Safe  deposit,  loan  and  trust  companies  are  made  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  this  chapter.     St.  1888,  c.  413. 

Sects.  14,  15.  These  sections  are  repealed.  The  supreme  judicial  court 
may  remove  any  officer  for  violations,  already  committed,  of  section  14. 
St.  1889,  c.  222,  §§  1,  2. 

Sect  24.  No  record  is  necessary  to  the  transfer  of  stock.  St.  1884, 
c.  229. 

Sect.  42.  The  clause  limiting  the  time  within  which  a  receiver  of  a 
corporation  may  be  appointed  is  stricken  out.     St.  1884,  c.  203. 

CHAPTER   106. 

OF  MANUFACTURING   AND   OTHER  CORPORATIONS. 

Corporations  created  under  this  chapter  may  issue  special  stock  to  be 
held  by  their  employees  only.     St.  1886,  c.  209. 


Table  of  Chaxges.  707 

Tliev  may  appropriate  not  over  five  thousand  dollars,  or  five  hundred 
dollars  annually,  for  the  support  of  free  beds  in  hospitals  for  the  use  of 
their  employees.     St.  1881),  c.  2.38. 

Skcts.  3,  4,  51.  Any  corporation  governed  by  these  sections  may  alter 
its  business  under  section  51.     St.  1885,  c.  310. 

Skct.  10.  Ten  or  more  persons  may  form  a  corporation  to  examine  and 
liuarantee  the  titles  of  real  estate.  Regulations  for  the  business  are  estab- 
lished.    Sts.  1884,  c.  180  ;  1887,  c.  214,  §§  62,  63. 

Tlie  formation  of  corporations  for  the  purpose  of  cremating  the  bodies 
of  the  dead  is  authorized  and  such  cremation  is  regulated.  St.  1885, 
c.  265. 

Sects.  11,  52,  75.  These  sections  are  extended  to  corporations  for  the 
•making,  selling  and  distributing  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.  The  gas  need  not  be  inspected  under  chapter  61, 
§§  13,  14.  It  must  not  be  used  for  domestic  purposes  unless  connected 
with  a  chimney  or  flue.     .St.  1885,  c.  240. 

Sect.  13.  Buildings  for  manufacturing  and  mechanical  purposes  as 
\vell  as  hotels  and  public  halls  are  included  in  this  section.  St.  1888, 
c.  116. 

Sect.  27.  The  clause  forbidding  any  person  from  casting  as  proxy 
more  than  fifty  votes  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.     St.  1887,  c.  385. 

Sects.  54,  55,  59,  81,  82,  84.  Every  corporation  chartered  since  Feb. 
23,  1880,  or  organized  under  the  general  laws  for  the  purpose  of  busi- 
ness or  profit,  having  a  capital  stock  divided  into  shares,  except  banks, 
co-operative  banks,  savings  banks  and  institutions  for  savings,  insurance 
companies,  safe  deposit  and  trust  com[>anies  and  the  collateral  loan  com- 
pany, shall  be  subject  to  these  sections  and  make  the  certificates  and 
returns  required  by  them.     St.  1887,  c.  225. 

Sects.  54  et  seq.  At  the  request  of  any  stockholder  made  in  writing 
between  sixty  and  thirty  days  before  the  annual  meeting  the  corporation 
shall  file  a  list  of  its  stockholders  as  of  the  sixtieth  day  with  the  secretary 
of  the  Commonwealth.     St.  1889,  c.  222,  §  3. 

Sect.  54.  The  certificates  of  conditions  shall  be  deemed  to  be  recorded 
by  the  act  of  filing.  They  are  to  be  preserved  in  book  form  convenient 
for  reference.     St.  1890,  c.  199. 

Sects.  62-71,  which  impose  personal  liability,  apply  to  safe  deposit, 
loan  and  trust  companies.     St.  1888,  c.  413,  §  14. 

Sect.  75.  Where  a  gas  company  exists  in  active  operation,  no  other 
company  or  person  shall  dig  up  and  open  the  streets,  lanes  and  highways 
for  the  purpose  of  laying  gas  pipes  therein  without  the  consent  of  the  mayor 
and  aldermen  or  selectmen  after  a  public  hearing.  An  appeal  lies  to  the 
gas  commissioners.     St.  1885,  c.  314,  §§  10,  16. 

Sects.  75  et  seq.  The  issue  of  bonds  is  regulated.  No  gas  company  can 
transfer  its  franchise,  lease  its  works  or  contract  with  others  to  carry  on  its 
business.     St.  1886,  c.  346,  §§  3,  4. 


708  Public  Statutes. 


CHAPTER  109. 
OF    COMPANIES    FOR    THE    TRANSMISSION    OF    INTELLIGENCE   BY 

ELECTRicrrr. 

This  chapter,  except  sections  16  and  18,  shall  also  apply  to  lines  foi" 
electric  light.     St.  1<S83,  c.  221. 

Provision  is  made  for  the  regulation  and  supervision  of  wires  over  streets 
or  buildings  in  cities.     St.  1890,  c.  404. 

All  provisions  of  law  granting  authority  to  erect,  lay  and  maintain  and 
to  regulate  telegraph  and  telephone  lines  conveying  intelligence  b}'  elec- 
tricity apply  to  telephone  lines,  whether  operating  by  electricity  or  other- 
wise.    St.  1889,  c.  434. 

Sect.  4.  Provision  is  made  for  damages  to  abutters  on  roads  used  for 
wires.     St.  1884,  c.  306. 

Sect.  10.  Telephone  companies  must  furnish  telephones,  telephone  ser- 
vice and  connections  to  all  individuals  and  corporations  without  discrimi- 
nation.    Courts  of  equit}'  may  enforce  this  statute.     St.  1885,  c.  267. 

Telegraph  companies  are  made  responsible  to  the  amount  of  one  hundred 
dollars  for  all  damages  caused  by  tlieir  negligence  in  the  transmission  of 
messages,  but  this  does  not  apply  to  railroad  telegraphs  transacting  a 
public  business  only  as  incidental  to  their  own  business.     St.  1885,  c.  380. 

Sect.  15.  Wires  must  not  be  put  up  without  the  land  owner's  consent. 
The  name  of  the  owner  of  the  wire  must  be  put  on  the  posts,  etc.  St.  1884, 
c.  302. 

The  Issue  of  bonds  by  electric  light  companies  is  authorized  and  regu- 
lated.    St.  1890,  c.  371. 

CHAPTER  112. 
OF  RAILROAD   CORPORATIONS   AND  RAILROADS 

Sect.  10.  The  salary  of  the  clerk  of  the  railroad  commissioners  is  raised 
from  $2,000  to  $2,500.     St.  1885,  c.  119. 

The  salaries  of  the  railroad  commissioners  and  their  clerk  and  accountant 
are  to  be  paid  monthly  instead  of  quarterly.     St.  1885,  c.  224. 

Sects.  10,  11.  The  sum  which  may  be  allowed  to  the  accountant  is 
increased  from  $2,000  to  82.500.     St.  1885,  c.  164. 

Sects.  10,  12.  The  sum  allowed  for  books,  maps  and  incidental  expenses 
is  increased  from  $500  to  $2,000.     St.  1890,  c.  200. 

Sects.  17,  127,  169.  The  commissioners  are  given  power  to  regulate 
the  occupation  of  street  crossings,  and  to  direct  changes  in  tracks  for  that 
purpose,  and  the  supreme  court  may  enforce  their  orders.  St.  1885, 
c.  110. 

Sect.  26.  The  form  of  return  may  be  changed  to  conform  to  the 
requirements  of  the  interstate  commission  after  one  month's  notice.  The 
blanks  must  be  furnished  by  June  15.     St.  1889,  c.  328,  §  2. 

Sect.  34.  An  organization,  uncer  the  general  law,  cannot  be  made 
unless  the  railroad  commissioners  grant  a  certificate  that  public  necessity 
and  convenience  require  the  construction  of  the  road.  St.  1882,  c.  265, 
§  1. 


Table  of  Changes.  709 

Skct.  :38.  No  steam  railroad  can  be  located  within  three  miles  of  the 
State  honse  without  the  consent  of  the  railroad  commissiouers  and  of  the 
mayor  and  aldermen  or  selectmen  of  the  city  or  town  in  which  a  location  is 
sought.     St.  1882,  c.  265,  §  4. 

Skcts.  38  et  seq.  Railroad  corporations  may  change  their  locations  for 
the  purpose  of  improving  the  alignment  of  their  roads.     St.  1887,  c.  430. 

Skct.  44.  The  proceedings  are  void  unless  the  certificate  of  incorpora- 
tion is  issued  within  one  year  from  the  time  when  the  route  is  fixed.  St. 
1882,  c.  265,  §  2. 

Sect^  54.  The  clause  forbidding  any  person  from  casting  more  than 
fift}'  votes  as  proxy  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  c.  188. 

Sects.  58-60.  Street  railways  using  the  cable  system  may  increase 
their  capital  under  these  sections.     St.  1886,  c.  337,  §  3. 

Sect.  62.  The  stockholders  may  before  May  13,  1883,  ratify  any  notes 
or  bonds  not  approved  or  certified  as  required  in  this  section.  St.  1883, 
c.  7. 

The  time  within  which  railroad  bonds  must  be  payable  is  changed  from 
twenty  to  fifty  years.     St.  1887,  c.  191. 

Sects.  62-73.  A  purchaser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  powers  and  duties  as  the  original  corporation. 
St.  188G,  c.  142. 

Sect.  81.  The  accounts  are  to  be  closed  June  30,  and  the  report  trans- 
mitted before  the  first  Wednesday  of  September.     St.  1889,  c.  328. 

Sects.  81  et  seq.  P^very  railroad  corporation  operating  a  railroad  in  the 
State  must  make  quarterly  financial  statements  in  such  detail  and  at  such 
times  as  the  commissioners  may  require,  which  shall  be  open  to  public 
inspection.     St.  1889,  c.  241. 

Sect.  91.  To  the  purposes  for  which  land  outside  the  location  may  be 
taken  is  added  the  construction  of  one  or  more  tracks.  The  assent  of  the 
cit}'  or  town  is  required  where  public  highways,  buildings,  parks  or  ceme- 
teries are  to  be  taken.     St.  1884,  c  134. 

Sects.  94-112.  Provision  is  made  for  the  payment  of  damages,  if  the 
Meigs  system  of  elevated  railway  is  adopted.    "St.  1890,  c.  368. 

Sect.  115.  The  power  to  exempt  railroads  from  the  duty  to  fence  is 
transferred  from  the  county  commissioners  to  the  railroad  commissioners. 
Proceedings  to  revoke  such  exemptions  are  regulated.     St.  1882,  c.  162. 

Sects.  117-138.  Wood  which  obstructs  the  view  at  crossings  may  be 
cut.     St.  1889,  c.  371. 

Sect.  127.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  croBsings,  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  ma}'  enforce  their  orders.     St.  1885,  c.  110. 

Sects.  129-134.  The  betterment  act  is  extended  to  alterations  of  ways 
at  railroad  crossings.     St.  1884,  c  280. 

Provision  is  made  for  the  abolition  of  grade  crossings.  St.  1890,  c. 
428. 

Sects.  129,  138.  An  appeal  from  the  decision  of  the  county  commis- 
sioners as  to  crossings  of  highways  and  railroads  and  as  to  private  cross- 
ings may  be  taken  by  any  person  aggrieved  by  their  decision  or  neglect  to 
decide  for  sixty  days.     The  proceedings  are  regulated.     St.  1882,  c.  135. 


710  Public  Statutes. 

The  county  commissioners  may,  also,  on  the  petition  of  twenty  legal 
voters  of  the  county,  assume  jurisdiction  as  to  grade  crossings  of  railroads 
and  highways.  Notice  is  provided  for.  The  order  cannot  be  made  if  the 
expense  will  exceed  83,000.  Their  order  may  be  annulled  if  the  expense 
exceeds  86,000.     St.  188.'),  c.  194,  §  1. 

In  Boston  the  railroad  commissioners  have  jurisdiction  under  this  section 
either  on  petition  of  the  mayor  and  aldermen  or  of  the  directors  of  the  com- 
pany.    St.  1885,  c.  194,  §  2. 

No  appeal  shall  hereafter  be  allowed  from  decisions  or  orders  of  the 
countv  commissioners  under  this  section,  except  in  proceedings  pending. 
St.  1885,  c.  194,  §  G. 

Sect.  130.  This  section  is  amended  b}'^  adding  "  or  otherwise,"  so  tliat 
the  latter  part  shall  read,  "  and  all  damages  occasioned  by  such  taking  or 
otherwise  shall  be  assessed."     St.  1885,  c.  194,  §  3. 

Sect.  131.  "  Or"  is  ch'anged  to  "  and,"  and  the  commission  may  direct 
which  party  shall  pay  the  expenses,  and  it  may  apportion  them  between  the 
railroad  and  the  town,  city  or  county  in  which  the  crossing  is,  and  other 
towns  and  cities  within  the  county  which  are  specially  interested.  St.  1885, 
c.  194,  §  4.         _ 

Towns  and  cities  specially  benefited  by  the  alteration  of  the  crossing 
may  be  included  in  tlie  apportionment,  or  such  towns  or  the  counties  or 
either  of  them  may  be  omitted  if  it  seems  just.     St.  1887,  c.  295. 

Sect.   132.     Tlie  hearing  need  not  be  in  term  time.     St.  1885,  c.  194,  §  5. 

Sect.  139.  The  clause  forbidding  branches  within  eight  miles  of  the 
State  house  is  stricken  out.     St.  1884,  c.  279. 

St.  1882,  c.  265,  applies  to  railroad  corporations  acting  under  this  section. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  c.  120. 

Sect,  160.  Provision  is  made  for  the  examination  of  railroad  bridges. 
St.  1887,  c.  334. 

Sect.  161.  Provision  is  made  for  interlocking  or  automatic  signals  at 
railroad  crossings,  and  for  the  expense  of  their  maintenance.  St.  1885, 
c.  85. 

Sect.  163.  The  commissioners  may  forbid  or  regulate  locomotive  Avhistles 
at  highway  crossings.     St.  1885,  c.  334. 

Sect.  163.  At  least  three  sepai'ate  and  distinct  blasts  of  the  whistle 
are  required  at  crossings.     St.  1890,  c.  173. 

Sect.  166.  The  railroad  commissioners,  as  well  as  the  town  or  city 
authorities,,  may  require  gates  or  Hags  at  crossings.     St.  1883,  c  117. 

Or  electric  signals.     St.  1888,  c.  240. 

Sect.  169.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings  and  to  direct  changes  in  tracks  for  that  purpose,  and 
the  supreme  court  may  enforce  their  orders.     St.  1885,  c.  110. 

Sect.   170.     Locomotive  boilers  must  be  tested.     St.  1882,  c.  73. 

Safety  coujilers  are  required  on  freight  cars.     St.  1884,  c.  222. 

An  examination  and  test  of  safet}'  couplers  for  freight  cars  is  to  be  made 
every  two  years.     St.  1886,  c.  242. 

Sect.  170.  Any  raih-oad  company  may  build. and  use  the  Meigs  system 
of  elevated  railway,  wiili  the  consent  of  the  city  or  towns  where  the  tracks 
are  located.     St.  i^'JO,  c.  368. 


Table  of  Changes.  711 

Sect.  171.  lu  addition  to  the  tools  which  each  train  must  now  carry, 
each  car  of  every  passenger  train  must  have  two  sets  of  tools,  safeguards 
against  fire,  and  such  other  appliances  as  the  railroad  commissioners  may 
require.     St.  1882,  e.  54. 

Sect.  172.  The  heating  of  passenger  cars  on  railroads  is  regulated. 
St.  1887,  c.  362. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness  every 
two  years  is  rei)ealed.     St.  188;i,  c.  12."). 

Sect.  180.  Railroads  may  establish  tolls  and  fares,  but  they  are  for- 
bidden to  give  undue  or  unreasonable  preferences.     St.  1882,  cc.  94,  '22i^i. 

OuU^  ten  cents  extra  can  be  charged  where  fare  is  paid  on  the  cars,  and 
a  check  must  be  given  redeemable  in  ten  days.     St.  1883,  c.  32. 

Sects.  181-183.  Railroad  corporations  are  prohibited  from  requiring 
women  and  children  to  ride  in  smoking  cars.     St.  1888,  c.  176. 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  upon  rail- 
road tracks  is  increased  from  five  years  in  the  State  prison  to  twenty.  St. 
1890,  c.  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools 
required  to  be  carried  on  passenger  trains,  is  punished.  St.  1882,  c.  54, 
b^  2. 

Sect.  207.  The  offence  of  interfering  with  electiic  signals  is  enlarged  by 
omitting  the  word  "  electric."     St.  1884,  c.  5. 

Sect.  212.  If  an  employee,  in  the  exercise  of  due  care,  is  killed,  under 
such  circumstances  that  he  could  have  maintained  an  action  for  damages  if 
death  had  not  resulted,  the  corporation  shall  be  liable  as  if  he  had  not  been 
an  employee.     St.  1883,  c  243. 

An  action  of  tort  instead  of  an  indictment  may  be  brought  against  street 
railwa}'  corporations  for  loss  of  life.     St.  1886,  c.  140. 

Sects.  223,  224.  When  their  consent  is  required,  the  commissioners 
may  limit  the  number  of  tracks  at  a  crossing  by  a  railway  for  private  use 
and  impose  such  other  conditions  as  may  be  deemed  expedient.  St.  1890, 
c.  382. 

CHAPTER  113. 
OF  STREET  RAILWAY  COMPANIES. 

This  chapter  applies  to  roads  using  the  cable  system.  St.  1886,  c.  337, 
§4. 

Sect.  13.  The  clause  providing  that  no  person  shall,  as  proxy  or  attor- 
ney, cast  more  than  fifty  votes  unless  all  the  shares  are  owned  by  one  per- 
son is  repealed.     St.  1889,  c.  210. 

Sects.  13-18.  Street  railways  are  authorized  to  reduce  their  capital 
stock.     St.  1890,  c.  326. 

Any  street  railway  with  the  consent  of  the  city  or  town  in  which  its 
tracks  are  located,  may  use  the  Meigs  system  of  elevated  railway.  Pro- 
vision is  made  for  the  payment  of  damages.     St.  1890,  c.  368. 

Sect.  15.  The  provisions  as  to  increase  of  cai)ital  stock  are  revised  and 
made  more  specific.     St.  1887,  c.  366. 

Sect.  39.  They  may  be  allowed  to  use  the  cable  system.  St.  1886, 
c.  337. 


712  Public  Statutes. 

Sects.  27  et  seq.  They  may  not  permit  children  under  ten  to  e;itor 
their  cars  to  sell  newspapers  or  other  articles.     St.  1889,  c.  229. 

Street  railway  companies  may  mortgage  their  roads  in  certain  cases,  and 
sections  63-70  of  chapter  112  apply.     St.  1889,  c  316. 

Sects.  27-42.  Street  railways  operating  cars  propelled  by  any  motive 
power  other  than  horses  must  equip  their  cars  with  such  fenders  and  guards 
as  the  commissioners  require.     St.  1890,  c.  364. 

Sects.  48  et  seq.  The  authority  for  street  railway  companies  to  run 
over  the  tracks  of  anotlier  street  railway  must  be  approved  by  the  board 
of  railroad  commissioners  after  hearing.     St.  1888,  c.  278. 


CHAPTER    114. 
OF  AGRICULTURAL   AND   HORTICULTURAL   SOCIETIES. 

Sect.  1.  If  there  is  onl}'  one  incorporated  society  in  the  county  it  shall 
receive  the  bounty  notwithstanding  there  is  another  within  twelve  miles  of 
it,  and  its  right  is  not  lost  by  the  subsequent  incorporation  of  a  new  society 
in  the  county.     St.  1890,  c.  297. 

No  incorporated  agricultural  society,  which  has  or  may  receive  a  bounty 
from  the  State,  can  mortgage  or  sell  its  real  estate  except  by  a  two-thirds- 
vote  and  with  the  approval  of  the  State  board  of  agriculture.  St.  1890, 
c.  274. 

CHAPTER   115. 

OF    ASSOCIATIONS   FOR   CHARITABLE,   EDUCATIONAL    AND   OTHER 

PURPOSES. 

Provision  is  made  for  the  incorporation  of  labor  or  trade  organizations, 
St.  1888,  c.  134. 

No  association  formed  for  medical  purposes  under  this  chapter  can 
confer  degrees,  and  officers  attempting  to  do  so  are  punished.  St.  1883, 
c.  268. 

Before  any  club  is  incorporated,  an  investigation  must  be  made,  and  if 
in  the  opinion  of  the  secretary  of  the  Commonwealth  the  probable  purpose 
is  to  cover  any  illegal  business,  he  may  refuse  to  issue  his  certificate. 
Whenever  any  person  connected  with  a  club  is  convicted  of  violating  the 
liquor  or  gaming  laws  upon  the  premises  occupied  by  the  club,  its  charter 
shall  be  declared  void.     St.  1890,  c.  439. 

Sect.  2.  Relief  societies  may  be  formed  by  the  employees  of  railroad 
and  steamboat  companies.  They  are  subject  to  the  supervision  of  the  rail- 
road commissioners.     St.  1882,  c.  244. 

Railroad  corporations  may  join  these  relief  societies.  The  funds  of  such 
societies  are  not  attachable  by  trustee  process  or  otherwise.  St.  1886, 
c.  125. 

The  law  authorizing  employees  of  railroad  companies  to  unite  with  such 
companies  in  establishing  relief  societies,  is  extended  to  street  railway 
companies.     St.  1890,  c.  181. 

Sects.  3-5.  Corporations  for  life  and  casualty  insurance  on  the  assess- 
ment plan  may  be  formed.     St.  1885,  c.  183,  §  2. 


Table  of  Changes.  713 

Sect.  3.  Corporations  formed  under  this  chapter  may  increase  their 
capital  stock  to  an  amount  not  exceeding  five  hundred  tliousand  dollars. 
St.  18S8,  c.  177. 

Skct.  3.  The  par  value  of  the  shares  may  be  ten  dollars.  St.  1890, 
c.  191. 

Shots.  8-12,  which  regulate  benefit  societies,  are  repealed.  St.  1888, 
c.  4-29,  §  21. 

The  law  as  to  fraternal  beneficiary  organizations  is  revised.  St.  1888, 
c.  429. 

Sect.  8.  Such  corporations  may  accumulate  funds  to  assist  the  widows, 
orphans  or  other  relatives  of  deceased  members,  or  any  person  dependent 
ou  them.     St.  1882,  c.  195,  §  2. 

Sect.  11,  which  provides  for  the  returns  of  benefit  societies,  is  amended 
to  cover  societies  making  payments  for  disabilities,  and  to  make  the  returns 
more  definite.     St.  1882,  c.  195,  §  3. 

No  such  society  can  reinsure  in  or  transfer  its  policies  to  any  society  not 
authorized  to  do  business  here.     St.  1882,  c.  195,  §  4. 

CHAPTER  116. 
OF  SAVINGS  BANKS  AND  INSTITUTIONS  FOR  SAVINGS 

Receivers  at  the  end  of  one  year  from  their  final  settlement  must  deposit 
all  books  and  papers  with  the  commissioners.     St.  1882,  c.  77. 

The  books  and  papers  of  insolvent  savings  banks  may  be  stored  in  the 
Commonwealth  building.     St.  1884,  c.  72. 

Sects.  1,  2.  The  board  is  increased  to  three,  one  of  Avhom  is  chairman. 
The  salary  of  the  chairman  is  $3,500  and  of  the  other  members  S3,0U0, 
instead  of  82,800.     St.  1889,  c.  321. 

Sect.  2.  The  salary  of  the  commissioners  of  savings  banks  is  raised 
from  ?2,800  to  $3,000,  and  the  first  clerk  is  given  $1,500,  and  the  second 
clerk  $900,  instead  of  a  general  allowance  of  $1,G00  for  clerk  hire.  Sts. 
1882,  c.  148  ;  1886,  c.  252. 

The  salary  of  the  second  clerk  of  the  commissioners  is  increased  from 
$900  to  $1,200.     St.  1889,  c.  77. 

Sect.  3.  When  the  institution  is  connected  with  a  national  bank  the 
commissioners  shall  if  possible  arrange  with  the  national  bank  examiner  to 
have  their  visits  simultaneous.     St.  1888,  e.  51. 

Sect.  11.  No  person  or  corporation  may  carry  on  the  business  of  re- 
ceiving deposits  under  the  name  of  a  savings  bank  unless  incorporated  here. 
St.  1889,  c.  452. 

Sect.  14.  Treasurers  must  give  new  bonds  every  five  years.  St.  1886, 
c.  93. 

It  is  made  the  duty  of  the  treasurer,  instead  of  the  trustees,  to  file  a  copy 
of  his  bond  and  to  give  notice  of  any  changes.  A  certificate  of  the  custo- 
dian of  the  bond  that  the  original  is  in  his  possession  must  be  added. 
St.  1889,  c.  180. 

Sect.  16.  Notice  of  special  meetings  must  be  given,  both  by  publica- 
tion and  by  mailing  notices,  instead  of  in  either  mode,  as  at  present. 
St.  1884,  c.  150. 


71  J:  Public  Statutes. 

Sect.  17.  If  a  member  fails  to  attend  two  consecutive  annual  meet- 
ings, his  membership  shall  be  declared  forfeited.     St.  1888,  c.  120. 

The  forfeiture  of  membership  for  failure  to  attend  meetings  is  made 
optional  with  the  corporation,  instead  of  mandatory.     St.  1890,  c  222. 

Sect.  18.  A  failure  both  to  attend  meetings  and  to  perform  his  duties 
makes  the  office  of  a  trustee  vacant,  instead  of  either  of  these  things. 
St.  1888,  c.  96. 

Savings  banks  shall  carry  on  their  usual  business  at  their  banking  houses 
only,  and  shall  not  receive  or  pay  deposits  at  any  other  place,  and  such 
banking  houses  shall  be  in  the  city  or  town  where  such  corporation  is 
established,  but  annual  meetings  of  the  corporation  and  meetings  of  the 
trustees  may  be  held  at  other  places  in  such  city  or  town.  Sts.  1884,  c. 
253;  1889,  c.  91. 

Savings  banks  shall,  at  least  once  in  each  fiscal  year,  make  an  accurate 
trial  balance  of  depositors'  ledgers.     St.  1889,  c.  88. 

Sect.  19.  The  limitation  as  to  the  amount  of  deposits  does  not  apply 
to  deposits  made  by  dii-ection  of  the  probate  court.     St.  1889,  c.  86. 

Sects.  19  et  seq.  Deposits  made  by  order  of  the  court  after  five  years 
are  to  be  paid  into  the  State  treasury,  where  it  shall  remain  at  three  per 
cent,  interest  for  fifteen  years  more,  subject  to  claim  by  the  owner,  after 
which  it  becomes  the  property  of  the  State.     St.  1889,  c  449. 

The  limitation  as  to  interest  does  not  apply  to  deposits  by  order  of  the 
probate  court.     St.  1889,  c   449,  §  1. 

Sect.  20.  The  limit  of  authorized  investments  is  extended.  Sts.  1882, 
c.  231  ;  1883,  c.  134;  1885,  cc.  HI,  124,  348;  1886,  c.  176;  1887,  cc. 
113,  423  ;  1888,  cc.  53,  90,  301  ^  1890,  cc.  298,  369,  394. 

"Net  indebtedness"  is  to  be  computed,  excluding  water  loans  and 
crediting  sinking  funds.     St.  1883,  c.  127. 

Sect.  20,  cl.  3,  is  revised  and  extended.     St.  1887,  c.  196. 

Loans  with  railroad  bonds  as  collateral  may  be  made  to  the  par  value  of 
such  bonds.     St.  1888,  c.  213. 

Savings  banks  may  invest  in  first  mortgage  bonds  of  raih'oads  incorpo- 
rated and  in  part  located  in  New  England,  notwithstanding  the  road  is 
leased.     St.  1889,  c.  305. 

Sect.  20,  clause  4  as  to  investments  is  revised.     St.  1890,  c.  168. 

Sect.  20,  cl.  6.  The  amount  which  savings  banks  may  lend  on  personal 
security  to  anj'  person,  firm  or  corporation  is  limited.     St  1884,  c.  \68. 

Such  securities  are  to  be  paid  within  the  year.     St.  1886,  c.  69. 

Sect.  20,  cl.  8.  The  time  for  the  sale  of  real  estate  now  held  by  fore- 
closure is  extended.     Sts.  1882,  c.  200  ;  1883,  c.  52  ;  1886,  c.  77. 

Sect. '21.  The  president  and  treasurer  are  also  forbidden  to  borrow  or 
use  or  become  sureties  or  obligors  to  the  bank.     St.  1889.  c.  161. 

Sects.  13,  21,  23.  The  names  of  the  board  of  investment  must  be 
published  twice  each  year,     St.  1882,  c.  50. 

Sect.  27.  The  payment  of  extra  dividends  is  made  permissive  instead 
of  obligatory.     St.  1888,  c.  355. 

Sect.  29.  Savings  bank  orders  may  be  paid  when  presented  within 
thirty  days  after  their- date,  altliough  the  depositor  has  in  the  mean  time 
died,  and  at  any  time  after,  proviiled  the  bank  has  not  had  actual  notice  of 
his  death.     St.' 1885,  c.  210,  §  2. 


Table  of  Changes.  715 

Sf.ct.  34.  During  1889  and  every  third  year  tliereafter  books  of  deposit 
must  be  called  in  for  verification.     St.  1888,  c  40. 

Sects.  40,  41.  A  return  of  all  deposits  unclaimed  for  twenty  years  is  to 
be  made  to  the  commissioners  and  published.     St.  1887,  c.  311). 

The  form  and  verification  of  the  annual  report  to  the  commissioners  is 
changed.     St.  1888,  c.  127. 

Si:CT.  41.  The  report  classifying  the  deposits  is  to  be  made  once  in  five 
3'ears  instead  of  annually.     St.  1890,  c.  44. 

Si:CT.  44  is  repealed  and  new  provision  is  made  for  the  payment  of 
unclaimed  dividends  into  the  treasury.  Claims  for  such  dividends  may  be 
made  within  two  years.     St.  1883,  c.  258. 

The  limitation  of  two  years  is  repealed.  Parties  file  their  claim  and 
evidence  with  the  auditor.     St.  1886,  c.  300. 

CHAPTER    117. 
OF   CO-OPERATIVE   SAVING   FUND   AND   LOAN   ASSOCIATIONS. 

No  person  or  corporation  may  carry  on  business  under  the  name  of  a 
co-operative  bank  unless  incorporated  here.     St.  1889,  c.  4.V2. 

The  business  of  co-operative  banking  by  foreign  corporations  is  regu- 
lated.    St.  1890,  c.  310. 

Co-operative  banks  nmst  make  an  annual  return,  under  oath,  to  the  com- 
missioners of  savings  banks.     St.  1889,  c.  LVJ,  §  2. 

vSliares  may  be  issued  in  the  name  of  a  minor  or  a  trustee,  the  name  and 
residence  of  the  beneficiar}'  being  disclosed.     St.  1887,  c.  216,  §  3. 

The  capital  stock,  corporate  franchises  and  personal  estate  of  co-opera- 
tive banks  are  exempted  from  taxation.     St.  1890,  c.  63. 

Si;CT.  1.  The  consent  of  the  savings  bank  commissioners  is  required 
for  the  formation  of  co-operative  banks.     St.  1890,  c.  243. 

Skct.  3.  The  words  "  co-operative  savings  fund  and  loan  association  " 
are  changed  to  "  co-operative  bank"  in  the  statute  and  in  the  names  of  all 
associations  existing  or  future.     St.  1883,  c.  98. 

Sk.ct.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
c.  121,  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
c.  216,  §  1. 

Sect.  6.  The  offices  of  secretary  and  treasurer  of  a  co-operative  bank 
may  be  held  by  one  person.     St.  1885,  c.  121,  §  1. 

Sect.  8.  The  mode  of  withdrawing  or  retiring  shares  is  determined,  and 
their  value.     St.  1887,  c.  216,  §  2. 

Sect.  9.  Interest  is  allowed  for  all  full  months  from  the  date  of  the 
preceding  adjustment.     St.  1887,  c.  216,  §  5. 

Before  paying  off  matured  shares,  arrears  aud  fines  are  to  be  deducted. 
St.  1882,  c.  251,  §  1. 

Sect.  10.  In  lending  money  the  bids  may  be  a  rate  of  interest  not  less 
than  five  per  cent,  instead  of  a  premium.     St.  1882,  c.  251,  §  2. 

Sect.  10.  The  directors  may  loan  any  money  remaining  unsold  on 
shares  of  the  corporation.      St.  1890,  c.  78. 

Sect.  13.  The  real  estate  must  be  situated  in  the  Commonwealth.  St. 
1889,  c.  159,  §  1. 


716  Public  Statutes. 

Sect.  14.  Partial  payments  of  loans  may  be  made  in  sums  of  fifty  dol- 
lars or  any  multiple  thereof,  and  for  each  two  hundred  dollars  paid  a  share 
shall  be  released.     St.  1887,  c.  21G,  §  4. 

Sect.  16  is  amended  by  providing  that  the  share  of  a  member  six 
months  in  arrears  may  be  declared  forfeited.  He  is  then  given  credit  for 
the  withdrawing  value  of  his  share,  and  the  balance  is  enforced  against  his 
security.     Sts.  1882,  c.  251,  §  1  ;   1885,  c.  121,  §  4. 

CHAPTER  118. 

OF   BANKS   AND   BANKING. 

Foreign  corporations  carrying  on  a  banking  business  shall  indicate  the 
State  or  country  in  which  they  are  chartered  on  all  their  signs,  advertise- 
ments, circulars,  letterheads  and  other  documents  containing  its  name. 
St.  1890,  c.  329. 

CHAPTER  118a. 
OF   SAFE   DEPOSIT   COFtPORATIONS. 

Corporations  for  the  purpose  of  letting  vaults,  safes  and  other  receptacles 
may,  under  certain  formalities,  remove  the  contents  of  such  vaults  where 
the  rent  has  not  been  paid  for  two  years.     St.  1887,  c.  89. 

Provision  is  made  for  the  incorporation  of  safe  deposit,  loan  and  trust 
companies.  Their  organization,  powers,  liabilities  and  duties  are  estab- 
lished. Provision  is  made  for  their  taxation  and  their  returns.  St.  1888, 
c.  413. 

Safe  deposit,  loan  and  trust  companies  are  forbidden  to  invest  in  certain 
farm  mortgages  or  farm  mortgage  companies.     St.  1889,  c.  342. 

No  person  or  corporation  established  under  the  laws  of  another  State  or 
country  may  carry  on  here  a  banking,  mortgage  loan  and  investment  or 
trust  business  under  a  name  previously  used  by  a  corporation  established 
here.     St.  1889,  c.  452. 

Safe  deposit,  loan  and  trust  companies  subject  to  St.  1888,  c.  413,  are 
authorized  to  make  further  investments.  Such  companies  incorporated 
before  that  statute  ma}^  adopt  it.     St.  1890,  c.  315. 

Any  foreign  corporation  doing  a  trust  business  here  shall  indicate  the 
State  ov  couutr}'  in  which  it  is  chartered  upon  all  its  signs,  advertisements 
and  the  like  where  its  name  appears.     St.  1890,  c.  329. 

CHAPTER  1186. 
OF   MORTGAGE,  LOAN    AND   INVESTMENT   COMPANIES. 

Tlie  business,  investments  and  liability  of  the  stockholders  of  Biortgage 
loan  and  investment  companies  is  regulated.  They  must  make  returns  to 
the  savings  bank  commissioners  and  are  examined  by  them.  St.  1888, 
c.  387. 

No  person  or  corporation  established  under  the  laws  of  another  State  or 
country  may  carry  on  here  a  banking,  mortgage  loan  and  investment  busi- 
ness or  trust  business  under  a  name  previously  used  by  a  corporation  estab- 
lished under  the  laws  of  this  State.     St.  1889,  c.  452. 


Table  of  Chaxges.  717 

The  supervision  of  foreign  corporations  engaged  in  selling  or  negotiating 
bonds,  mortgages,  notes  or  other  choses  in  action  is  provided  for.  St. 
188!),  e.  427. 

Any  foreign  corporation  doing  a  mortgage,  loan  and  investment  business 
here  shall  indicate  the  State  or  country  in  which  it  is  chartered  upon  all  its 
signs,  advertisements  and  the  like  where  its  name  appears.  St.  1800, 
c.  321). 

CHAPTER   119. 
OF   INSURANCE   COMPANIES   AND   INSURANCE. 

The  insurance  law  is  revised  and  codified.     St.  1887,  c.  214. 

Title  insurance  companies  may  examine  and  guarantee  titles  to  personal 
property  as  well  as  real  estate.     St.  1889,  c.  378. 

Accident  insurance  companies  may  insure  the  liability  of  employers  for 
injuries  received  by  persons  in  their  employ.     St.  1889,  c.  35G. 

Sects.  2,  4.  The  amount  allowed  for  additional  clerks  and  assistants 
is  changed  from  $7,000  to  such  sum  as  the  general  court  may  appropriate 
each  year.     St.  1888,  c.  84. 

Sect.  2.  The  salary  of  the  commissioner  is  raised  from  $3,000  to 
83,500.     St.  1890,  c.  247. 

Sects.  21 ,  38.  The  money  or  relief  to  be  paid  by  companies  incorporated 
under  this  act  and  doing  life  or  casualty  insurance  on  the  assessment  plan 
is  not  attachable.     St.  1885,  c.  183,  §  11. 

Sect.  29.  The  capital  stock  of  companies  insuring  mechanics'  tools  may 
be  divided  into  shares  of  the  par  value  of  ten  dollars  each.  St.  1888, 
c.  141. 

Sects.  74,  75,  76,  96,  97,  as  revised  in  St.  1887,  c.  214,  §§  42,  43,  44,  re- 
lating to  companies  with  a  guaranty  capital,  dividends  of  surplus  to  policy 
holders  and  rights  of  members  to  profits  and  liability  for  losses,  are 
revised.     St.  1890,  c.  26. 

Sect.  139.  The  selection  of  arbitrators  under  policies  in  the  standard 
form  is  regulated.     St.  1888,  c.  151. 

Sects.  145  et  seq.  Nothing  in  the  charter  of  any  mutual  life  insurance 
company  shall  limit  its  investments  unless  such  limitation  is  in  the  general 
insurance  laws.     St.  1888,  c.  165. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1890,  c.  421. 

The  organization  and  business  of  fraternal  beneficiary  organizations  is 
regulated.  P'oreign  corporations  must  appoint  the  commissioner  agent. 
Any  person  who  solicits  memberships  for  corporations  not  authorized  to  do 
business  here  may  be  punished.  The  benefits  are  not  held  for  the  debts  of 
the  certificate  holder  or  of  any  beneficiary.     St.  1888,  c.  429, 

Sects.  145  et  seq.  Any  fraternal  beneficiary  organization  may  provide 
in  the  same  assessment  for  its  disability  and  death  funds,  the  proportion 
for  eitlier  purpose  being  distinctly  stated.     St.  1890,  c.  400. 

Sects.  9-12  of  St.  1888,  c.  429,  which  revised  the  law  of  fraternal  insur- 
ance, are  amended.     St.  1890,  c.  341. 

Sect.  167.  The  benefit  provided  by  companies  formed  under  this  act 
cannot  be  held  for  debts  or  liabilities  of  policy  or  certificate  holders  or 
beneficiaries.     St.  1885,  c.  183,  §  11. 


718  Public  Statutes. 

Sect.  173.  This  section  is  repealed  and  unclaimed  dividends  are  paid 
into  the  treasury.  Claims  for  such  dividends  may  be  made  within  two 
years.     St.  1883,  c  258. 

Tlie  limitation  of  time  is  repealed.  Claims  and  evidence  may  be  filed 
with  the  auditor.     St.  1886,  c.  300. 

Sect.  185.  False  or  fraudulent  statements  or  representations  by  any 
solicitor,  agent  or  examining  physician  are  made  misdemeanors,  and  pun- 
ished when  made  with  reference  to  insurance  under  this  act.  St.  1885, 
0.  183,  §  12. 

Sect.  96.  A  foreign  company  whose  authorit}'  to  do  business  is  revoked 
by  the  commissioner  for  any  cause,  except  its  financial  condition,  may  have 
the  order  revised  by  the  supreme  court.     St.  1890,  c.  304. 

CHAPTER    120. 

OF  THE   ALIENATION   OF   REAL  ESTATE 

Sect.  1.  Where  a  deed  or  other  writing  affecting  land  has  been  duly 
recorded  in  one  registry  an  office  copy  may  be  recorded  in  any  other  registry. 
St.  1889,  c.  448. 

CHAPTER    124. 

OF  THE  RIGHTS  OF  A  HUSBAND  IN  THE  REAL  ESTATE  OF  HIS 
DECEASED  WIFE  AND  THE  RIGHTS  OF  A  WIFE  IN  THAT  OF 
HER  DECEASED   HUSBAND. 

Sect.  1.  The  words  "If  his  wife  does  not  otherwise  provide  by  the 
will,"  are  stricken  out.     St.  1885,  c.  255,  §  2. 

The  husband  takes  the  share  of  his  wife's  real  estate  in  fee,  whether  she 
dies  testate  or  intestate.     St.  1887,  c.  290,  §  1. 

Sect.  17.  The  claim  of  the  husband  or  wife  may  after  notice  be  deter- 
mined in  the  probate  court.     St.  1889,  c.  234. 

CHAPTER    125. 

OF  THE  DESCENT  OF  REAL  ESTATE. 

Sect.  4.  The  property  of  an  illegitimate  child  descends  to  his  relatives 
through  his  mother  if  she  is  dead.     St.  1882,  c.  132. 

CHAPTER    126. 
GENERAL   PROVISIONS   CONCERNING   REAL   ESTATE. 

Conditions  or  restrictions  affecting  the  title  or  use  of  real  estate  unlimited 
as  to  time  shall  be  construed  as  limited  to  thirty  years,  except  in  gifts  or 
devises  for  public  charitable  or  religious  uses  and  grants  from  the  Com- 
monwealth.    St.  1887,  c.  418. 

Words  importing  a  want  or  failure  of  issue  are  to  be  construed  to  mean 
a  want  or  failure  in  the  life  time  or  at  the  death  of  the  person  referred  to 
and  not  an  indefinite  failure  of  issue,  unless  a  contrary  intention  clearly 
appears  by  the  instrument.     St.  1888,  c.  273. 


Tahle  of  Chaxgks.  719 

Skcts.  .j,  ().  A  conveyance  to  a  husband  and  wife  no  longer  creates  an 
estate  in  joint  tenancy  without  express  words.     St.  188r>,  c.  '2o7. 

CHAPTER    129. 

OF   THE   PROBATE   OF    WILLS   AND   THE   APPOINT.MENT    OF   EXEC- 
UTORS. 

A  decree  allowing  a  will  is  conclusive  for  many  purposes,  after  two  years 
from  such  decree,  in  favor  of  persons  who  have  acted  on  it  in  good  faith. 
St.  1889,  c.  435. 

CHAPTER    130. 

OF   THE   APPOINTMENT   OF   ADMINISTRATORS. 

Sect.  1.  Administration  may  be  granted  by  consent  of  the  widow  and 
all  the  next  of  kin  of  the  deceased  to  one  of  the  next  of  kin  or  any  other 
suitable  person  without  notice.     Sts.  1890,  c.  2G5  ;   188"),  c.  260. 

A  decree  adjudicating  the  intestacy  of  an  estate  is  conclusive  for  many 
purposes  after  two  years  in  favor  of  persons  who  have  acted  on  it  in  good 
faith.     St.  1889,  c.  435. 

Si:cT.'^.  2,  8.  Administrators  may  be  allowed  to  give  a  bond  without 
sureties.  If  they  neglect  to  give  a  new  bond  when  required  it  is  a  resigna- 
tion.    St.  1885,  c,  274. 

Sect.  4,  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  years  after  the  person's  death.  St.  1889, 
c.  li)2.' 

Sects.  10-17.  A  special  administrator,  by  leave  of  the  probate  court, 
may  pay  the  expenses  of  the  executor  in  proving  the  will.     St.  1884,  c.  291 . 

CHAPTER    131. 

OF   PUBLIC   ADMINISTRATORS. 

Sect.  18,  Claims  under  this  section  are  limited  to  one  year  after  the 
money  is  deposited.     St.  1883,  c.  264. 

CHAPTER    132. 

GENERAL   PROVISIONS   RELATIVE    TO    EXECUTORS   AND   ADMINIS- 
TRATORS. 

Sect.  1 .  The  giving  of  the  notice  may  be  proved  in  certain  cases  by  the 
affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  c.  148.  St. 
1888,  c.  380. 

Sect.  2.  The  requirement  that  the  notice  shall  be  filed  within  one  year 
is  repealed.     St.  1888,  c.  148. 

Sects.  1-4.  In  cases  where  no  affidavit  of  notice  has  been  filed,  and  it 
cannot  now  be  obtained,  the  court  on  petition  of  any  person  interested  in 
any  real  estate  affected,  after  notice  and  hearing,  may  decree  that  notice 
was  given.     St.  1889,  c   315. 


'20  Public  Statutes. 


CHAPTER    134. 

OF    SALES    AXD    MORTGAGES    OF    REAL    ESTATE    BY    EXECUTORS 
AXD   ADMIXLSTRATORS. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale. 
St.  1886,  c.  137. 

Sects.  1-15.  Real  estate  appraised  for  less  than  fifteen  hundred  dollars 
may  be  sold  for  purposes  of  distribution.     St.  1890,  c.  266. 

Sect.  12.  The  giving  of  the  notice  nmy  be  proved  in  certain  cases  by 
the  affidavit  of  persons  other  tlian  those  mentioned  in  St.  1888,  c.  148. 
St.  1888,  c.  380. 

The  requirement  that  the  affidavit  shall  be  filed  within  one  year  is  re- 
pealed.    St.  1888,  c.  148. 

CHAPTER    135. 

OF   ALLOWAXCES   TO   WIDOWS   AXD   CHILDREX  AXD   OF   THE   DTS- 
TRIBUTIOX   OF   THE   ESTATES   OF   IXTESTATES. 

Sect.  3,  cl.  3.  The  husband,  instead  of  the  whole,  is  given  one-half  of 
the  personal  estate  of  his  deceased  wife.     St.  1882,  c.  141. 

Sect.  3,  cl.  5.  If  the  intestate  leaves  a  widow  and  no  kindred,  the  widow 
shall  be  entitled  to  the  whole  of  the  residue.     St.  1885,  c.  276. 


CHAPTER    136. 

OF    THE    PAYMEXT    OF    DEBTS,    LEGACIES    AXD    DISTRIBUTIVE 

SHARES. 

Sects.  19  et  seq.  Where  a  legatee  is  under  age  and  has  no  guardian  the 
court  may  order  the  legacy  paid  into  the  savings  bank  under  c.  144,  §  16. 
St.  1889,  c.  185. 

Sects.  19-25.  Real  estate  of  less  than  fifteen  hundred  dollars  appraised 
value  may  be  sold  for  the  purpose  of  distribution.     St.  1890,  c.  266. 


CHAPTER    139. 
OF  GUARDIAXSHIPS. 

Sects.  1-3.  The  Boston  Children's  Friend  Society  may  be  appointed  the 
guardian  of  minors      St.  1885,  c.  362. 

Sect.  2.  The  Association  for  the  Protection  of  Destitute  Roman  Cath- 
olic Children  may  be  appointed  guardian  of  anv  minor  child.  St.  1890, 
c.  117. 

Sect.  16.  Guardians  may  also  be  appointed  to  release  the  rights  of 
dower  and  homestead  of  married  women  who  are  minors.     St.  1890,  c.  259. 

Sects.  29  et  seq.  Guardians  residing  out  of  the  State  must  appoint  an 
agent  here.    Pub.  Sts  ,  c.  132,  §§  11-13,  apply  to  them.     St.  1889,  c.  462. 


Table  of  Changes.  721 

CHAPTER   140. 
OF   SALES   AND   MORTGAGES   OF   REAL   ESTATE   BY   GUARDIANS. 

Sect.  18.  The  right  to  license  guardians  to  sell  at  private  sale  is  no 
longer  limited  to  undivided  interests.     St.  1885,  c.  258. 

CHAPTER    141. 
OF  TRUSTS. 

Sects.  4-11.  Trustees  residing  out  of  the  State  must  appoint  an  agent 
here.     Pub.  Sts.,  c.  132,  §§  11-13,  apply  to  them.     St.  1889,  c.  462. 

Sect.  23.  To  the  purposes  for  which  trust  estates  may  be  mortgaged  is 
added  that  of  paying  for  improvements  of  a  permanent  nature  made  or  to 
be  made  upon  such  estate.     St.  1889,  c.  66. 

CPIAPTER    142. 

GENERAL  PROVISIONS  RELATIVE  TO  SALES,  :\IORTGAGES,  RELEASES, 
COMPROMISES,  ETC,  BY  EXECUTORS,  ADMINISTRATORS,  GUAR- 
DIANS AND  TRUSTEES. 

Sect.  14.  This  section  is  extended  to  administrators  with  the  will 
annexed.  Tiiose  claiming  as  legatees  or  devisees,  whose  interests  will 
in  the  opinion  of  the  court  be  affected,  are  to  be  made  parties.  St. 
1889,  c.  266. 

Sect.  2S.  This  section  is  extended  so  that  any  act  or  proceeding  of 
the  probate  court,  which  it  might  have  done  in  the  first  instance,  may  be 
confirmed.     St.  1888,  c.  420. 

CHAPTER    143. 

GENERAL   PROVISIONS    RELATIVE   TO   BONDS   OF   EXECUTORS,  AD- 
MINISTRATORS, GUARDIANS  AND  TRUSTEES. 

Sect.  1 .  Foreign  fidelity  insurance  companies  may  be  sureties  on  pro- 
bate bonds.     St.  1887,  c.  214,  §  61. 

Companies  may  be  formed  to  act  as  sureties  on  probate  bonds.  St. 
1887,  c.  214,  §§  29,  61. 

CHAPTER   144. 

OF   THE   ACCOUNTS   AND    SETTLEMENTS    OF   EXECUTORS,   ADMIN- 
ISTRATORS, GUARDIANS  AND  TRUSTEES. 

Sect.  7.  Money  paid  with  the  approval  of  the  judge  to  any  person  or 
corporation  for  becoming  surety  on  the  bond  mav  be  allowed.  St.  1886, 
c.  233. 

Sects.  13,  14,  which  provide  for  the  appointment  of  a  guardian  ad  litem 
to  examine  the  accounts  of  trustees  and  guardians,  are  extended  to  execu- 


722  Public  Statutes. 

tors  find  administrators,  and  the  decree  is  in  a  like  manner  final.  St.  1889, 
c.  466. 

Sect.  16.  Legacies  to  minors  without  guardians  may  also  be  deposited 
under  this  section.     St.  1889,  c.  185. 

Legacies  due  to  persons  whose  residence  is  unknown  may  be  ordered  to 
be  deposited  under  this  section.     St.  1885,  c  376. 

Provision  is  made  for  the  final  distribution  of  money  deposited  or  invested 
by  order  of  probate  courts.     St.  1890,  c.  408. 


CHAPTER   145. 
OF  MARRIAGE. 

Jurisdiction  of  petitions  for  nullity  is  given  if  the  libellant  has  resided 
here  for  five  years  next  preceding  the  filing  of  the  libel,  unless  he  removed 
here  for  the  purpose.     St.  1886,  c.  36. 

Sect.  24.  The  returns  of  marriages  shall  be  preserved,  filed,  arranged 
and  indexed  conveniently  for  examination  and  reference.  St.  1887,  c. 
202,  §  3. 

CHAPTER    146. 
OF  DIVORCE. 

Statistics  as  to  libels  of  divorce  must  be  furnished  by  the  clerks  of  the 
courts  to  the  secretary  of  State,  who  prepares  abstracts  and  tables  for 
the  legislature.     St.  1882,  c.  194. 

The  superior  court  is  given  exclusive  original  jurisdiction  of  all  causes 
of  divorce  and  nullity  and  validity  of  marriage.     St.  1887,  c.  332,  §  1. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.     St.  1889,  c.  447. 

Divorce  may  be  decreed  for  absence  which  would  raise  a  presumption  of 
death.     St.  1884,  c.  219. 

Sect.  10.  In  certain  cases  where  the  charge  is  adultery,  the  person 
alleged  to  be  particeps  criminis  may  be  allowed  to  appear.    St.  1890,  c.  370, 

Sect.  19.  The  application  for  final  decrees  is  to  be  made,  without 
further  notice,  to  the  court,  or  a  justice  of  it,  instead  of  to  the  clerk.  St. 
1882,  c.  223. 

Sect.  42.  Whoever  procures  or  assists  in  procuring  any  fraudulent 
divorce  out  of  the  State  for  one  who  is  a  resident  is  punished.  St.  1886, 
c.  342. 

Sects.  42-44.  AVhoever  advertises  the  business  of  procuring  divorces 
is  punished.     St.  1887,  c.  320. 

CHAPTER    147. 

OF  CERTAIN  RIGHTS  AND  LIABILITIES  OF  HUSBAND  AND  WIFE. 

A  wife  shall  have  the  right  of  interment  in  any  lot  or  tomb  which  her 
husband  owned  during  coverture,  uuless  she  has  released  it.  St.  1883, 
c.  262. 


Table  of  Changes.  723 

Sect.  1.  The  wife  cannot,  without  his  written  consent,  destroy  or  im- 
pair the  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue. 
St.  1889,  c.  2(U. 

Sects.  1,6.  A  married  woman  living  separate  by  decree  may  devise  or 
convey  her  property  free  from  all  rights  in  her  husband.  Sts.  1884,  c.  301  ; 
1885,  c.  2oo. 

Sect.  3.  The  words  "  husband  and  wife  shall  not  transfer  property  to 
each  other"  are  so  changed  that  this  chapter  shall  not  "  authorize"  such 
transfer.  The  change  applies  to  all  transfers  made  since  the  enactment  of 
the  Public  Statutes.     St.  1884,  c.  132. 

Sect.  6.  Where  it  has  been  established  by  decree  that  a  married  woman 
is  deserted  or  living  apart  from  her  husband  for  justifiable  cause,  her  will 
cuts  off  his  rights.     St.  1885,  c.  255. 

The  will  of  the  wife  cannot  deprive  the  husband  of  his  right, to  her  real 
estate  to  the  amount  of  five  thousand  dollars  when  she  leaves  no  issue. 
St.  1887,  c.  290,  §  2. 

Sects.  16  et  seq.  Provision  is  made  for  the  release  of  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  c.  245. 

The  notice  on  the  petition  for  leave  for  the  guardian  of  an  insane  wife 
to  release  any  right  of  dower  or  homestead  shall  be  such  as  the  court  may 
order,  instead  of  in  some  newspaper.     St.  1890,  c.  105. 

Sects.  31,  32,  33,  36.  The  probate  court  shall  have  exclusive  original 
jurisdiction  of  petitions  under  these  sections  and  the  appeal  from  the  pro- 
bate court  shall  be  to  the  superior  court.     St.  1887,  c.  332,  §§  2,  3. 

CHAPTER    148. 

OF  THE  ADOPTION  OF  CHILDREN  AND  THE  CHANGE  OF  NAMES. 

Sects.  12-14.  A  list  of  all  names  changed  by  special  act  or  under  the 
General  or  Public  Statutes  is  to  be  published  and  distributed.  St.  1884, 
c.  249. 

CHAPTER  150. 

OF  THE  SUPREME  JUDICIAL  COURT. 

Sect.  2,  cl.  11.  Double  costs  and  interest  at  twelve  percent,  maybe 
given  for  frivolous  appeals  or  exceptions  on  the  motion  of  the  other  party 
or  without  it.     St.  1883,  c.  223,  §  15. 

Sect.  16.  Where  an  appeal  or  exceptions  are  not  entered  the  court 
below  may  affirm  the  judgment.     St.  1888,  c.  94. 

Sects.  21,  23,  25.  The  provisions  for  special  terms  for  capital  cases 
are  repealed.     St.  1886,  c.  339. 

Sect.  31.  The  law  term  for  Worcester  is  hereafter  to  be  held  on  the 
third  Monday  after  the  second  Tuesday  of  September,  instead  of  on  the 
third  Tuesday.     St.  1885,  c  48. 

Sect.  39.  Justices  of  the  supreme  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  three-fourths  of  the 
salary.     St.  1885,  c  162. 

Each  of  the  justices  is  allowed  five  hundred  dollars  annually  in  full  compen- 
sation for  travelling  expenses  in  addition  to  his  salary.     St.  1888,  c.  274,  §  1. 


724  Public  Statutes. 

CHAPTER  151. 
OF   THE   SUPREME    JUDICIAL   COURT;    EQUITY   JURISDICTIOX. 

Sect.  2,  cL  11.  The  provisions  for  reaching  the  property  of  debtors  are 
extended.  The  debt  may  be  less  than  one  hundred  dollars.  The  interest 
of  a  partner  may  be  reached.     St.  1884,  c.  285, 

Sect.  7.  The  forms  in  equity  are  established.  Suits  in  equity  may  be 
brought  where  transitory  actions  now  are.  No  action  shall  be  defeated 
because  the  form  ought  to  be  law  instead  of  equity,  or  vice  versa.  St.  1883, 
c.  223,  §§  10,  13,  17. 

CHAPTER  152. 
OF  THE  SUPERIOR  COURT. 

Sect.  1.  There  shall  be  thirteen  associate  justices  instead  of  ten  in  the 
superior  court.     Sts.  1886,  c.  31  ;  1888,  c  58. 

Sect.  3.  The  superior  court  is  given  exclusive  original  jurisdiction  of 
all  causes  of  divorce  and  nullity  or  validit}'  of  marriage.  St.  1887,  c. 
332,  §  1. 

Sect.  4.  General  equity  jurisdiction  is  given  and  the  practice  in  equity 
is  regulated.     St.  1883,  c."'223. 

The  return  day  of  process  is  to  be  computed  from  the  service  and  not 
from  the  date.     St.  1884,  c.  316. 

Sect.  5.  The  superior  court  shall  also  have  jurisdiction  of  cei'tain  ap- 
peals from  the  probate  court.     St.  1887,  c.  332,  §  3. 

Sect.  8.  The  affidavit  and  request  for  removal  may  be  filed  within 
thirty  days  after  the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  17.  Criminal  terms  are  estabHshed  at  Tauutou  on  the  first  Mon- 
day of  February  and  of  November  and  at  New  Bedford  on  tlie  first  Monday 
of  June,  and  the  civil  term  at  New  Bedford  is  changed  from  June  to  May. 
St.  1888,  c.  314. 

The  number  of  criminal  terms  for  Hampden  is  increased  from  two  to 
three.  They  are  to  be  held  on  the  first  Monday  of  Maj^  the  fourth  Mon- 
day of  September  and  the  third  iMouda}'^  of  December.     St.  1885,  c.  27, 

The  crimiual  term  in  Essex  on  the  second  Monday  of  May  is  changed  to 
the  first  Monday.     St.  1885,  c.  191, 

Applications  for  a  jury  for  the  assessment  of  damages  for  land  taken  bj' 
any  town  in  the  counties  of  Nantucket  or  Dukes  county  ma}'  be  made  to 
the  superior  court  in  Bristol  county,     St.  1887,  c.  50. 

The  sittings  of  the  superior  court  for  civil  business  in  Norfolk  are 
changed  from  the  fourth  Mondays  of  April,  September  and  December  to 
the  first  Mondays  of  January,  Maj^  and  October.     St.  1889,  c.  287. 

In  Dukes  county  from  the  last  Tuesday  of  May  to  the  last  Tuesday  of 
April.     St.  1889,  c.  308, 

In  Essex  the  September  sitting  is  to  be  adjourned  to  Lawrence  and 
Haverhill,     St.  1889,  c.  461, 

In  Franklin  the  sittings  now  held  on  the  third  Monday  of  March  and  the 
second  Monday  of  August  are  changed  to  the  third  Monday  of  April  and 
the  second  Monday  of  July,     St,  1889,  c.  327, 


Table  of  Changes.  725 

Sect.  18.  The  superior  court  iu  Plymouth  may  be  adjourned  to  Brock- 
ton, but  no  longer  to  Bridgewater.     St.  1885,  c.  lo4. 

Sect.  2-i,  wbicli  provides  that  no  justice  shall  hold  more  than  four  terms 
in  any  one  year  for  the  transaction  of  criminal  business  only,  is  repealed. 
St.  1887,  0.  183. 

Sect.  28.  Justices  of  the  superior  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  one-half  of  the 
salary.     St.  1887,  c.  420. 

The  salary  of  the  chief  justice  is  raised  from  $4,800  to  $5,500,  and  that 
of  the  associate  justices  from  S4,500  to  $5,000,  with  $500  for  travelling 
expenses  in  each  case.     St.  1888,  c.  274,  §  2. 

CHAPTER  153. 

OF  MATTERS   COMxMON    TO   THE    SUPREME   JUDICIAL   COURT   AND 
THE   SUPERIOR   COURT. 

Sects.  10,  13.  "When  disability  or  death  of  the  justice  prevents  him 
from  signing  bills  of  exceptions,  they  may  be  proved  as  if  they  had  been 
disallowed  by  him.     St.  1882,  c.  239. 

Sect.  15.  Clerks  of  courts  shall  cause  to  be  printed  and  forwarded  to 
the  attoruej'-general  copies  of  bills  of  exceptions  and  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.     St.  18'J0,  c.  374. 

Sect.  23.  The  original  vouchers  or  bills  must  be  delivered  with  the 
orders.     St.  1890,  c.  206. 

CHAPTER  154. 
OF   THE   POLICE,  DISTRICT  AND   MUNICIPAL   COURTS. 

Sect.  1.  The  session  of  the  district  court  of  Hampshire,  required  by 
St.  1882,  c.  227,  to  be  held  at  Cummington,  is  made  discretionary  with  the 
justice.     St.  1883,  c.  75. 

The  clerk  need  not  attend  except  at  Northampton,  but  makes  his  record 
from  the  minutes  of  the  judge.     St.  1883,  c.  80. 

Sessions  of  the  district  court  of  Northern  Berkshire  are  established  at 
Adams.     St.  1884,  c.  266. 

The  first  district  court  of  Northern  "Worcester  shall  be  held  at  Gardner 
and  Athol,  or  either  of  said  towns,  as  public  convenience  may  require, 
instead  of  on  certain  fixed  days.     St.  1888,  c.  212. 

The  district  court  of  Hampshire  shall  be  held  at  Ware  on  Friday  of  each 
week,  instead  of  the  first,  second  and  third  Fridays  of  each  month.  St. 
1889,  c.  122. 

Sect.  2.  For  the  police  court  of  Cambridge  is  substituted  the  third 
district  court  of  Eastern  Middlesex,  including  Cambridge,  Arlington  and 
Belmont.  The  fourth  district  court  of  Eastern  Middlesex  is  established, 
including  "Woburn,  Winchester  and  Burlington.     St.  1882,  c.  233. 

Police  courts  are  established  in  Marlborough  and  Brookline.  St.  1882, 
c.  233. 

The  district  court  of  Hampshire  is  established  with  a  district  including 
the  county.     St.  1882,  c.  227. 


726  Public  Statutes. 

The  town  of  Hopkinton  is  taken  from  the  district  of  the  first  district 
court  of  Southern  Middlesex.     St.  1882,  c.  169. 

The  first  district  court  of  Northern  Worcester  is  established.  St.  1884, 
c.  215. 

The  city  of  Brockton  and  the  towns  of  Bridgewater  and  West  Bridge- 
TVater  are  made  a  district  for  the  police  court  of  Brockton,  with  a  justice 
at  a  salary  of  81,600  and  a  clerk  at  S800.  The  first  district  court  at 
Plymouth  is  abolished  and  its  business  is  transferred  to  the  police  court  of 
Brockton.     St.  1885,  c.  155. 

East  Bridgewater  is  annexed  to  the  district  of  the  police  court  of  Brock- 
ton.    St.  1887,  c.  322. 

The  district  court  of  Western  Hampden  is  established,  including  the 
towns  of  Westfield,  Chester,  Granville,  Southwiek,  Russell,  Blaudford, 
Tolland  and  Montgomery.  The  salary  of  the  judge  is  $1,200,  and  of  the 
clerk  6300.     St.  1886,  c.  190. 

The  second  district  court  of  Essex  is  established  with  a  district  includ- 
ing Amesbury  and  Merrimac.     St.  1888,  c.  193. 

Sect.  2.  The  first  and  second  district  courts  of  Barnstable  are  estab- 
lished.    St.  1890,  c.  177. 

Stoneham  is  made  a  part  of  the  fourth  district  of  Eastern  Middlesex. 
St.  1889,  c.  312. 

The  town  of  Wilmington  is  transferred  from  the  first  to  the  fourth  dis- 
trict court  of  Eastern  Middlesex.     St.  1888,  c.  59. 

Rockport  is  annexed  to  the  district  of  Gloucester.     St.  1888,  c.  249. 

Sects.  4-10.  The  justices  may  interchange  services  as  they  may  find 
convenient.     St.  1885,  c.  132. 

Sect.  5.  The  police  court  of  Chelsea  is  given  a  clerk.  St.  1882, 
c.   176. 

The  second  district  of  Eastern  Middlesex.     St.  1883,  c.  97. 

The  district  court  of  Hampshire.     St.  1883,  c.  80. 

The  municipal  court  for  the  Dorchester  district.     St.  1885,  c.  79. 

The  police  court  of  Brookline.     St.  1888,  c  60. 

The  clerkship  of  the  district  court  of  Southern  Berkshire  is  abolished. 
St.  1884,  c.  231. 

The  district  court  of  Southern  Berkshire  is  given  a  clerk  at  a  salarj^  of 
$200.     St.  1886,  c.  333. 

The  municipal  court  for  the  West  Roxburv  district  is  given  a  clerk  at  a 
salary  of  $500.     St.  1887,  c.  274. 

An  assistant  clerk  is  provided  for  the  municipal  court  for  the  South 
Boston  district  at  a  salary  of  $600.     St.  1887,  c.  327. 

Sect.  11.  The  criminal  jurisdiction  of  police  and  district  courts  is 
extended.  Provision  is  made  for  crimes  committed  near  the  line  of  the 
district.     St.  1885,  c  322. 

It  is  also  extended  to  cases  under  chapter  57,  relating  to  the  sale  and 
inspection  of  milk.     St.  1885,  c.  149. 

Sect.  16.  This  section,  which  provides  that  writs  from  certain  courts 
may  run  into  other  counties,  is  made  to  apply  to  all  district,  police  and 
municipal  courts.     St.  1885,  c.  45. 

Sects.  18,  19.  Municipal,  district  and  police  courts  are  given  concur- 
rent jurisdiction  with  the  superior  court  over  assaults  with  a  dangerous 


Table  of  Changes.  727 

weapon,  indecent  exposure  and  unlicensed  theatrical  exliibitions,  shows 
and  masked  balls,  and  malicious  injuries  to  personal  property  where  the 
value  of  the  property  is  less  than  one  hundred  dollars.     St.  1887,  c.  2!)3. 

Sect.  25.  When  no  justice  is  present  at  a  police  or  district  court  the 
sheriff  or  his  deputy  may  adjourn  it.     St.  1884,  c.  188. 

Sect.  26.  Special  justices  of  the  district  of  Hampshire  are  allowed 
their  travelling  expenses,  not  exceeding  one  hundred  dollars.  St.  1884, 
c.  20r>. 

Sect.  27.  The  police  and  district  courts  in  Middlesex  may  establish 
uniform  return  da3-s  and  rules  in  civil  cases.     St.  1890,  c.  359. 

Sect.  29.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks  as  nearly  uniform  as  may  be  to  be  printed  for  the  sev- 
eral trial  justices  and  police  and  district  courts  in  criminal  cases,  except 
the  East  Boston  district  court  and  the  Chelsea  police  court.  St.  1888, 
c.  285. 

Sect.  30.  Process  is  to  bear  the  teste  of  the  first  justice  who  is  not  a 
party.     St.  1888,  c  415. 

Sect.  34,  which  requires  the  justice  to  examine  the  accounts  of  the 
clerk,  is  repealed,  that  duty  being  now  performed  by  the  controller  of 
accounts.     St.  1887,  c.  438,  §  8. 

Sect.  35.  All  funds  received  from  any  source  which  are  payable  to 
cities  and  towns  must  be  paid  over  quarterly  at  the  same  time  that  settle- 
ments are  now  with  county  treasurers.     St.  1890,  c.  204. 

Sect.  36.  This  section  is  amended  to  require  the  witness  fees  to  be 
paid  in  criminal  proceedings  and  inquests  at  the  termination  of  the  trial, 
an  advance  being  made  by  the  county  treasurer  if  necessary.  It  applies 
to  all  the  lower  courts  except  the  municipal  court  of  Boston.  St.  1888, 
c.  180. 

Sects.  39,  52,  requiring  a  bond  instead  of  a  recognizance,  are  extended 
to  the  other  municipal,  police  and  district  courts.     St.  1882,  c.  95. 

Sect.  42.  The  justices  of  the  several  municipal  courts  of  Boston  may 
act  for  each  other  in  certain  cases.     St.  1882,  c.  43. 

Winthrop  is  added  to  the  East  Boston  district.     St.  1882,  c.  146. 

The  municipal  court  of  the  East  Boston  district  is  abolished,  and  the 
East  Boston  district  court  substituted  ;  the  town  of  Winthrop  being  added 
to  the  district.     The  new  court  has  a  clerk.     St.  1886,  c.  15. 

Sect.  55.  The  number  of  associate  justices  of  the  municipal  court  in 
Boston  shall  be  four.     Sts.  1882,  c.  41  ;  1888,  c  419,  §  11. 

Sect.  58.  The  clerk  of  the  municipal  court  in  Boston  for  criminal 
business  is  paid  $1,900  instead  of  $1,600,  to  be  expended  for  extra  clerical 
assistance.     St.  1883,  c.  47. 

The  clerk  of  the  municipal  court  of  Boston  for  civil  business  shall  be 
paid  one  thousand  dollars  in  addition  to  the  amount  which  he  now  receives. 
St.  1888,  c.  419, §  13. 

A  second  assistant  to  the  clerk  for  civil  business  at  a  salary  of  $1,600 
per  year  may  be  appointed.     St.  1885,  c.  42,  §  2. 

A  fifth  assistant  clerk  may  be  appointed.     St.  1885,  c.  137. 

Sect.  62.  An  additional  session  may  be  held  by  the  special  justice 
when  requested  by  the  chief  or  senior  justice,  he  receiving  $10  per  day 
therefor.     St.  1885,  c  42. 


728  Public  Statutes. 

Sect.  64.     The  salaries  of  the  justices  are  increased  as  follows  :  — 


From 

To 

First  Barnstable,  1890,  e.  177, 

- 

f  1,000 

Second  Barnstable,  1890,  c.  177,   . 

- 

1,000 

Central  Berkshire,  1887,  c.  190,    . 

$1,200 

1,600 

Northern  Berkshire,  1887,  c.  61,  . 

1,000 

1,200 

Southern  Berkshire,  1884,  e.  231, 

800 

1,200 

Boston,  1887,  c.  163,  Chief,    . 

3,000 

4,300 

Boston,  1887,  c.  163,  Associate, 

3,000 

4,000 

Brighton,  1885,  c.  49,     . 

1,200 

1,600 

Third  Bristol,  1889,  e.  54,      . 

1,400 

1,800 

Brockton,  1885,  c.  155,  .... 

- 

1,600 

Brookline,  1882,  e.  233, .... 

- 

800 

Brookline,  1884,  c  211, 

800 

1,000 

Charlestown,  1889,  c  227,     . 

1,800 

2,000 

Dorchester,  1885,  c.  79,          ... 

1,200 

1,600 

East  Boston,  1882,  c,  245  ;  1886,  c.  15,  . 

1,200 

1,800 

First  Bristol,  1884,  c.  220  ;  1889,  c.  261, 

1,400 

1,800 

First  Essex,  1882,  c.  245, 

1,600 

1,800 

Fitchburg,  1882,  c.  245  ;  1889,  c  97,     . 

1,000 

1,500 

Gloucester,  1888,  c.  234, 

1,400 

1,600 

Eastern  Hampden,  1889,  c.  130,    . 

800 

1,200 

Western  Hampden,  1886,  c.  190,  . 

- 

1,200 

Hampshire,  1882,  c.  227, 

- 

2,800 

Haverhill,  1882,  c.  245, . 

1,400 

1,800 

Holyoke,  1886,  c.  151, 

1,500 

1,800 

Lawrence,  1888,  c.  110, 

1,800 

2,000 

Lowell,  1886,  e.  307, 

1,800 

2,300 

Table  of  Changes. 

Justices'  Salaries  —  Concluded. 


729 


From 

To 

Lynn,  1886,  c.  154,         .       - 

f  1,600 

$1,800 

INLarlborough,  1882,  c.  233, 

- 

1,000 

Central  Middlesex,  1890,  c.  238, 

600 

800 

First  Eastern  Middlesex,  1882,  c.  245  ;  188G,  c.  166,    . 

1,200 

1,800 

Second  Eastern  Middlesex,  1886,  c.  123, 

1,200 

1,500 

Third  Eastern  Middlesex,  1882,  c.  233, 

- 

2,200 

Fourth  Eastern  Middlesex,  1882,  c.  233, 

- 

1,200 

First  Xorthern  IMiddlesex,  1889,  c.  198, 

800 

1,000 

First  Southern  jNliddlesex,  1889,  c.  12, . 

1,200 

1,500 

Kewburjport,  1882,  c.  245, 

700 

1,200 

Xewton,  1890,  c.  93, 

1,000 

1,250 

East  Xorfolk,  1889,  c.  263, 

1,200 

1,500 

Fourth  Plymouth,  1889,  c.  281, 

800 

1,000 

Roxbuiy,  1889,  c.  217, 

2,000 

2,500 

Somerville,  1882,  c  245  ;  1887,  c.  180, 

1,200 

1,500 

South  Boston,  1882,  c.  245  ;  1889,  c.  242,      . 

1,800 

2,500 

Springfield,  1887,  c.  171, 

1,800 

2,000 

West  Roxbury,  1883,  c.  Ill, 

1,200 

1,600 

Central  Worcester,  1888,  c.  50, 

2,500 

3,000 

First  Eastern  Worcester,  1884,  e.  208,  .... 

800 

1,000 

Second  Eastern  Worcester,  1882,  c.  245  ;  1889,  c.  158, 

800 

1,200 

First  Northern  Worcester,  1884,  c  215, 

- 

1,200 

First  Southern  Worcester,  1890,  c.  131, 

1,200 

1,500 

Second  Southern  Worcester,  1888,  c.  173,     . 

1,200 

1,400 

Third  Southern  Worcester,  1882,  c.  245, 

1,400 

1,600 

The  salary  of  the  justice  of  the  district  court  of  Hampshire  is  reduced 
from  $2,800  to  $2,300,  he  being  given  a  clerk.     St.  1883,  c.  75. 


730  Public  Statutes. 

The  salaries  of  the  clerks  are  increased  as  follows  :  — 


Central  Berkshire,  1882,  c.  245,     . 

Northern  Berkshire,  1887,  c.  61 ;  1888,  c.  89, 

Southern  Berkshire,  1886,  c.  333  ;  1887,  c.  227, 

Boston,  Civil,  1882,  c.  245,     . 

Boston,  Civil,  first  assistant,  1889,  c.  39, 

Boston,  Civil,  second  assistant,  1889,  c.  143, 

Boston,  Civil,  third  assistant,  1889,  c.  170, 

Boston,  Criminal,  1885,  c.  137, 

Boston,  Assistant  Criminal,  1885,  c.  137, 

First  Bristol,  1889,  0.  261,     . 

Third  Bristol,  1889,  c.  41,      . 

Brockton,  1885,  c.  155,  .... 

Brookline,  1888,  c.  60,   . 

Charlestown,  1887,  c.  175,     . 

Chelsea,  1882,  c.  176  ;  1884,  c  197  ;  1887,  c.  117. 

Dorchester,  1885,  c.  79  ;  1886,  c.  124,    . 

East  Boston,  1882,  c.  245 ;  1886,  c.  15,  . 

First  Essex,  1882,  c.  245, 

Fitchbm-g,  1882,  c.  245 ;  1889,  c.  289,    . 

Gloucester,  1883,  c.  53  ;  1888,  c.  235,     . 

Western  Hampden,  1886,  c.  190  ;  1888,  c.  88, 

Hampshire,  1883,  c.  80  ;  1886,  c.  106,    . 

Haverhill,  1882,  c.  245  ;  1888,  c.  55,      . 

Holyoke,  1884,  c.  65  ;  1887,  c.  318, 

Lawrence,  1887,  c.  208, .... 


500 

2,250 
1,800 

2,250 

1,000 
800 

1,200 


1,000 

1,000 

500 

600 


600 

750 

1,000 


800 

500 
3,000 
2,500 
2,000 
1,000 
3,000 
1,400 
1,100 
1,000 

800 

500 
1,300 
1,000 

900 
1,400 
1,300 

800 
1,000 

500 
1,000 
1,000 
1,350 
1,200 


Table  of  Changes. 

ClekivS''  Salaries —  Concluded. 


731 


Lowol],  1882,  c.  63  ;  1886,  c.  307,  .... 

Lowell,  Assistant,  1889,  c.  lo2,     .... 

:Marlborough,  1882,  e.  233  ;  1889,  c.  19, 

First  Eastern  ]\Iiddlesex,  1883,  c.  87  ;  1886,  c.  167, 

Second  Eastern  Middlesex,  1883,  c.  97  ;  1885,  c.  180 
1888,  c.  233, 

Third  Eastern  Middlesex,  1882,  c.  233  ;  1886,  c.  165, 

Fourth  Eastern  Middlesex,  1882,  c.  233  ;  1887,  c.  174, 

First  Northern  Middlesex,  1888,  c.  214, 

First  Southern  Middlesex,  1886,  c.  156, 

Newburyport,  1882,  c.  245  ;  1889,  c.  277, 

Xewton,  1886,  c.  158,     . 

Eastern  Norfolk,  1888,  c.  54, 

First  Plymouth,  1883,  c.  57,  . 

Third  Plymouth,  1889,  c.  137, 

Roxbury,  Assistant,  1889,  c.  239, 

Soraerville,  1882,  c.  245  ;  1887,  c.  265,  . 

South  Boston,  1882,  c.  245,    . 

South  Boston,  Assistant,  1887,  c.  327,  . 

Springfield,  1886,  c.  155  ;  1889,  c.  28,    . 

West  Roxbury,  1887,  c.  274 ;  1889,  c.  92, 

Central  Worcester,  1889,  c.  83,     . 

Central  Worcester,  Assistant,  1882,  c.  245, 

Second  Eastern  Worcester,  1882,  c.  245  ;  1889,  c.  218 

First  Northern  Worcester,  1884,  c.  215, 

First  Northern  Worcester,  1885,  c.  286, 


From 

f  1,000 


800 
400 


400 
600 
600 
500 
600 
500 


600 
1,200 

1,000 

2,000 
800 
400 

600 


f  1,800 

1,000 

500 

1,300 

700 

1,400 

800 

600 

800 

800 

*  700 

700 

600 

500 

1,000 

1,000 

1,400 

600 

1,400 

800 

2,250 

1,000 

600 

600 

800 


732  Public  Statutes. 

Of  the  constables  :  — 


Boston,  Civil  (2),  1882,  c.  245  ;  1886,  c.  130, 

Boston,  Criminal  (G),  1882,  c  245  ;  1886,  c.  130  ; 
c.  195,  .... 


Brighton,  1886,  c.  148,  . 
Charlestown,  1886,  c.  136,     . 
East  Boston,  1882,  c.  245, 
South  Boston,  1882,  c.  245,    . 
Roxbuiy,  1882,  c.  245  ;  1889,  c.  174, 
West  Roxbnry,  1886,  c.  148, . 


1888 


To 

$1,200 

1,500 
1,000 
1,000 
1,100 
1,100 
1,200 
1,000 


The  clerk  of  the  fourth  district  court  of  Plymouth  is  allowed  his  travel- 
ling expenses  not  exceeding  five  hundred  dollars.     St.  1884,  c.  204. 

The  clerks  of  the  central  district  court  of  Worcester  and  of  the  Lowell 
police  court  are  allowed  not  exceeding  five  hundred  dollars  for  extra  clerical 
assistance.  St.  1888,  cc.  184,  246.  And  the  clerk  of  the  fii'st  district 
court  of  Eastern  Middlesex  not  exceeding  seveu  hundred  dollars.  St. 
1889,  0.  317.  And  the  clerk  of  the  municipal  court  for  the  Charlestown 
district  and  of  the  second  district  court  of  Bristol  not  exceeding  five  hun- 
dred dollars  each.     St.  1889,  cc.  62,  206. 

Clerks  pro  tempore  of  municipal,  police  and  district  courts  shall  receive 
pay  at  the  same  rate  as  the  permanent  clerk,  fourteen  days  being  paid  by 
the  county  and  any  excess  by  the  clerk.     St.  1888,  c.  352. 


CHAPTER  155. 
OF  JUSTICES   OF   THE   PEACE   AND   TRIAL  JUSTICES. 

Sect.  3,  which  authorizes  them  to  summon  witnesses,  is  redrawn.  St. 
1885,  c.  141. 

Sect.  4.  The  power  of  justices  authorized  to  issue  warrants  is  modified. 
St.  1884,  c.  286. 

Sects.  7-11.  Provision  is  made  for  the  preservation  of  the  dockets, 
records  and  other  official  papers  of  trial  justices.     St.  1888,  c.  211, 

Sect.  28.     The  appeal  now  runs  to  the  return  day.     St.  1885,  c.  384,  §  5. 

Sect.  33.  No  bond,  recognizance  or  deposit  shall  be  required  where  the 
plaintiff  appeals  in  a  replevin  suit.     St.  1890,  c.  224. 

Sects.  43-66.  Trial  justices  have  the  same  jurisdiction  to  sentence 
male  persons  to  the  Massachusetts  reformatory  which  district  courts  have. 
St.  1885,  c.  356. 


Table  of  Changes.  733 

Thoy  shall  have  jurisdiction  of  cases  under  chapter  .57  relating  to  the 
sale  and  inspection  of  milk.     8t.  188"),  c.  141). 

Skct.  40.  Trial  justices  may  not  commit  children  under  twelve  to  a  jail, 
house  of  correction,  house  of  industry  or  State  workhouse,  except  for 
offences  punishable  by  imprisonment  for  life.     St.  1882,  c.  127,  §  1. 

Sects.  (53,  Co.  If  the  appeal  is  from  a  sentence  to  pay  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  pays  the  fine  and  costs.    St.  18*J0,  c.  328. 

Sects.  67  et  seq.,  74,  75,  Provision  is  made  for  the  completion  of 
unfinished  business  before  trial  justices.     St.  1890,  c.  202. 

Sect.  69.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks,  as  nearly  uniform  as  may  be,  to  be  printed  for  the  use 
of  trial  justices  and  police  and  district  courts  in  criminal  cases,  except  the 
East  Boston  district  court  and  the  Chelsea  police  court.     St.  1888,  c.  285, 

Sect.  78  is  repealed.  Trial  justices  may  pay  over  money  in  their  hands 
four  times  a  j^ear  and  make  returns  to  the  controller  of  accounts.  St. 
1887,  c.  438. 

CHAPTER   156. 

OF   PROBATE   COURTS. 

Any  act  or  proceeding  of  the  probate  court  which  it  had  power  to  do  in 
the  first  instance  may  be  confirmed.     St.  1888,  c.  420. 

Sect.  2.  The  probate  court  is  given  exclusive  original  jurisdiction  of 
petitions  of  married  women  concerning  their  separate  estate,  and  of  peti- 
tions under  chapter  147  concerning  the  care,  custody,  education  and  main- 
tenance of  minors.     St.  1887,  c.  332,  §  2. 

Sects.  5-21.  Where  the  appeal  is  taken  to  the  superior  court  the  pro- 
ceedings shall  be  the  same  so  far  as  practicable  as  are  now  provided  in 
case  of  appeals  to  the  supreme  court.     St.  1890,  c.  261,  §  3. 

Sects.  7,  8.  The  provisions  as  to  the  mode  of  entering  appeals  and 
giving  notice  are  revised.     St.  1888,  c.  290,  §§  1,  2. 

Appeals  from  different  accounts  may  be  entered  as  one  or  may  be  con- 
solidated and  treated  as  one  by  the  court.     St.  1888,  c.  290. 

Sect.  9.  The  power  to  allow  the  entry  of  appeals  from  the  probate 
court,  where  the  party  has  failed  to  claim  or  prosecute  an  appeal  without 
default  on  his  part,  is  given  to  the  superior  court,  in  cases  where  the  appeal 
runs  to  that  court.     St.  1890,  c.  261,  §  2. 

Sect.  13.  Orders  under  tliis  section  as  to  the  separate  support  of  a 
wife,  are  to  be  made  by  the  superior  court  instead  of  the  supreme  court. 
St.  1890,  c.  261,  §  1. 

Sects.  22,  23.  The  probate  judge  in  Suffolk  may  appoint  a  constable  of 
the  city  of  Boston  to  attend  his  court  and  serve  orders  and  precepts.  His 
salary  is  Si, 200.     St.  1884,  c.  140. 

His  salary  is  increased  from  $1,200  to  $1,300.     St.  1887,  c.  156. 

Attorneys  may  enter  their  appearance  for  their  clients  in  courts  of  pro- 
bate or  insolvency  and  all  notices  and  processes  served  upon  them  shall 
have  the  same  force  as  if  served  on  the  party.  Rules  may  be  made  requir- 
ing notice  of  any  motion,  hearing  or  other  proceeding.     St.  1890,  c.  420. 

Sect.  35.  In  probate  cases  expenses  as  well  as  costs  may  be  awarded. 
St.  1884,0.  131. 


734  Public  Statutes. 

Sect.  44.  The  limit  of  expense  of  recording  probate  proceedings  in 
Suffolk  is  raised  from  81,200  to  $2,800.     Sts.  1884,  c.  118  ;   1887,  c.  217. 

Sect.  48.  When  the  regular  term  falls  on  a  legal  holiday  or  on  election 
day  it  shall  be  held  on  the  day  after,  and  notices  to  the  regular  term  shall 
be  deemed  to  be  then  returnable.     St.  1884,  c.  141. 

In  Hampden  the  court  day  is  changed  from  Tuesday  to  Wednesday,  and 
a  session  at  Springfield  in  November  is  added,  and  four  days  are  given  to 
Holyoke.     St.  1884,  c.  294. 

Four  sessions  of  the  probate  court  in  Hampshire  are  to  be  held  at  Ware. 
St.  1886,  c.  145. 

The  session  for  the  county  of  Plymouth  held  on  the  fourth  Monday  of 
August  is  transferred  from  Middleborough  to  Wareham.     St.  1887,  c.  63. 

Probate  courts  are  to  be  held  at  Plymouth  on  the  second  Monday  of 
every  month  except  August,  and  at  Brockton  on  the  fourth  Monday  of  every 
month  except  July.     St.  1889,  c.  237. 

The  change  in  the  time  of  the  probate  courts  in  Plymouth  does  not  take 
effect  until  May  1.     St.  1889,  c.  269. 

The  probate  courts  shall  be  held  at  Lowell  on  the  fourth  Tuesday  of 
every  month  except  August,  instead  of.  every  other  month.  St.  1889, 
c.  182. 

A  session  is  to  be  held  at  Orange  for  the  county  of  Franklin  on  the 
fourth  Tuesday  of  September.     St.  1887,  c.  46. 


CHAPTER    157. 
OF   COURTS   OF   INSOLVENCY. 

Provision  is  made  for  composition  with  creditors.  It  does  not  apply  to 
corporations.     St.  1884,  c.  236. 

The  provisions  as  to  composition  with  creditors  are  amended.  St.  1885, 
c.  353. 

Special  judgments  may  be  entered  in  cases  where  composition  proceed- 
ings are  held.  -  St.  1888,  c.  405. 

In  composition  proceedings  the  notice  by  the  register  is  made  the  com- 
mencement of  the  proceedings.     St.  1889,  c.  406,  §  1. 

In  composition  proceedings  the  discharge  dissolves  any  attachment  made 
within  four  months  prior  to  the  notice  by  the  register.  St.  1889,  c. 
406,  §  2. 

Section  6  of  St.  1884,  c.  236,  is  amended  so  that  the  debtor  may  file  a 
modification  of  his  proposal,  which  shall  be  considered  as  a  new  proposal, 
and  new  notice  shall  then  be  sent  to  the  creditors.     St.  1889,  c.  406,  §  3. 

In  composition  proceedings,  further  time  is  given  for  the  proof  of 
unsecured  claims.     St.  1890,  c.  387. 

Sect.  19.  If  the  schedules  by  accident  or  mistake  are  not  delivered 
■within  the  three  days,  they  may  be  afterwards.  Delay  or  omission  without 
fault  of  the  debtor  does  not  affect  his  right  to  a  discharge.  St.  1886, 
c.  290. 

Sect.  26.     Equitable  liabilicies  may  be  proved.     St.  1884,  c.  293. 

Sects.  36-91.  The  appeal  is  to  be  entered  at  the  next  return  day.  St. 
1885,  c.  384,  §  5. 


Table  of  Changes.  735 

Sect.  40.  Non-resident  assignees  must  api)oint  an  agent  resident  here 
on  -whom  service  may  be  made.     St.  1881),  c.  313. 

Skct.  4G.  Voluntary  assignments  are  made  valid  against  the  assignee 
in  certain  cases.     St.  1887,  c.  340. 

The  trustees  in  voluntary  assignments  must  at  once  give  notice  to  all 
known  creditors.     St.  1887,  c.  340,  §  2. 

A  mortgage  recorded  more  than  four  months  after  its  date  is  not  valid 
against  the  assignee  of  the  mortgagor  appointed  in  proceedings  begun  after 
its  date  and  within  one  year  after  the  recording  thereof.     St.  1888,  c.  393. 

Sect.  68.  The  limit  of  number  of  the  officers  in  attendance  upon  the 
supreme  court  in  Suffolk  is  increased  to  six.  The  county  pays  thirteen 
hundred  dollars  of  their  salary  and  the  State  four  hundred  dollars.  St. 
1890,  c.  294. 

Sect.  70.  The  fees  of  witnesses  at  an  insolvent  debtor's  examination 
are  fixed.     St.  1890,  c.  277. 

Sect.  80.  The  delay  or  omission  to  deliver  the  schedule  of  creditors  if 
without  fault  of  the  debtor  does  not  prevent  his  discharge.  St.  1886, 
c.  290. 

Special  judgments  may  be  entered  where  property  is  held  by  attachment, 
and,  if  the  discharge  is  not  granted  or  is  not  seasonably  asked  for,  scire 
facias  may  issue  for  the  remainder  of  the  debt.     St.  1885,  c.  .39. 

Sect.  84.  No  debt  or  claim  against  a  pledgee  created  by  an  unauthor- 
ized sale  of  the  collateral  shall  be  discharged.     St.  1885,  c.  353,  §  6. 

Sect.  93  is  amended  by  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  1886,  c.  322. 

Sects.  96  et  seq.  Any  mortgage,  pledge  or  payment  for  legal  services 
rendered  or  to  be  rendered  shall  be  valid  for  such  sum  as  the  court  shall 
deem  reasonable.     St.  1889,  c.  420. 

Sect.  99.  If  the  debtor  is  absent  or  does  not  apply  for  an  allowance  it 
may  be  made  to  his  wife  or  minor  children.     St.  1888,  c.  67. 

Sect.  102.  Accounts  of  assignees  in  insolvency  must  be  sworn  to  by 
the  assignees  or  one  of  them.     St.  1884,  c.  126. 

Sect.  103.  Provision  is  made  for  the  investment  of  unclaimed  dividends 
in  the  name  of  the  judge.     St.  1883,  c.  242. 

Sect.  112.  The  provision  that  the  debtor  petitioned  against  must  have 
resided  in  the  State  within  one  year  is  amended  by  omitting  the  words 
"  within  one  year."  In  case  of  a  fraudulent  conveyance  of  real  estate  the 
petition  may  be  brought  within  ninety  days  after  it  is  recorded.  St.  1890, 
c.  431. 

Sect.  127.  Provision  is  made  for  the  repayment  of  the  deposit  when  it 
is  made  by  a  person  other  than  the  insolvent.     St.  1889,  c.  417. 

Sects.  127-130,  136.  Provision  is  made  for  insolvency  proceedings  by 
and  against  foreign  corporations.     St.  1890,  c.  321. 


CHAPTER   158. 

OF  JUDGES  AND  REGISTERS  OF  PROBATE  AND  INSOLVENCY. 

Sect.  23.     The  salary  of  the  judge  in  Middlesex  is  raised  from  S2,500 
to  $4,000.     Sts.  1882,  c.  129  ;  1886,  c.  184  ;  1889,  c.  251. 


736  Public  Statutes. 

In  Essex,  from  $2,500  to  S3, 500.  Sts.  1883,  c.  244  ;  1888,  c.  112.  In 
Bristol,  from  $1,800  to  $2,500.  Sts.  1885,  c.  165;  1889,  c.  211.  lu 
Worcester,  from  $2,500  to  $3,000.  St.  1885,  c.  275.  In  Dukes  county, 
from  $500  to  $600.  St.  1885,  c.  318.  In  Suffolk,  from  $4,000  to  $5,000. 
St.  1885,  c.  203.  In  Plymouth,  from  $1,500  to  $2,000.  St.  1886,  c.  183. 
In  Hampden,  from  82,000  to  82,500.  St.  1886,  c.  189.  In  Barnstable, 
from  $1,000  to  $1,200.  St.  1887,  c.  166.  In  Norfolk,  from  82,000  to 
$2,500.  St.  1887,  c.  72.  In  Nantucket,  from  $500  to  8600.  St.  1890, 
c.  115. 

Of  the  judge  and  register  of  probate  for  Berkshire,  respectively,  from 
$1,200  to  81,600.     St.  1884,  c.  192. 

Of  the  assistant  register  in  Suffolk,  from  $1,500  to  $2,000.  St.  1882, 
c.  144.  In  Essex,  from  $1,500  to  $1,800.  St.  1887,  c.  273.  In  Middle- 
sex, from  $1,500  to  $1,800.  St.  1887,  c.  259.  In  Worcester,  from  $1,500 
to  $1,800.     St.  1888,  c.  152. 

Of  the  register  in  Hampden  county,  from  $1,600  to  $1,800.  St.  1884, 
c.  248. 

Sects.  23,  24.  A  sum  not  exceeding  $2,000  additional  is  allowed  for 
clerical  assistance  in  Middlesex  county.  Sts.  1885,  c.  304  ;  1890,  c.  192. 
In  Worcester,  $1,350.  Sts.  1887,  c.  39  ;  1889,  c.  209.  In  Suffolk,  $3,300. 
Sts.  1885,  c.  205;  1888,  c.  280;  1889,  c.  418.  In  Essex,  $1,000.  St. 
1886,  c.  114.     In  Bristol,  $400.     St.  1889,  c  136. 

Sect.  24.     This  section  shall  not  apply  to  Suffolk.     St.  1885,  c.  205. 


CHAPTER    159. 

OF  CLERKS,  ATTORXEYS  AND  OTHER  OFFICERS  OF  JUDICIAL 

COURTS. 

Clerks  of  the  superior  court  and  of  the  municipal  court  of  Boston  maj^ 
use  a  fac-simile  of  their  signatures  upon  writs,  summons,  orders  of  notice 
to  appear  and  orders  of  attachment,  but  not  on  executions.  St.  1885, 
c.  321. 

Sects.  8,  9.  A  third  assistant  clerk  of  the  superior  court,  civil  session, 
in  Suffolk  is  to  be  appointed  at  a  salarj^  of  $2,500.     St.  1888,  c.  153. 

A  fourth  assistant  clerk  of  the  superior  court  for  civil  business  in  .Suffolk 
may  be  appointed  at  a  salary  of  $2,500.     St.  1889,  c.  50. 

A  second  assistant  clerk  shall  be  appointed  in  Middlesex  and  Essex. 
Sts.  1889,  cc.  11,  444. 

Where  there  are  two  or  more  assistant  clerks,  they  need  not  add  first  or 
second  to  their  signatures.     St.  1889,  c.  215. 

Sects.  6,  16.  The  county  commissioners  may  appoint  one  of  their  number 
clerk  pro  tem.     St.  1890,  c.  198. 

Sect.  8.  The  salary  of  the  first  assistant  clerk  of  the  court  for  the  count}' 
of  Middlesex  is  increased  from  $2,100  to  $2,300.     St.  1890,  c.  201. 

Sect.  27.  The  clerks  need  not  render  an  account  of  their  fees  to  the 
county  treasurer  in  January.     St.  1888,  c.  257,  §  9. 

Sects.  27-30.  County  treasurers  shall  pay  no  fees  to  clerk  of  courts 
for  any  official  service  whatever.  Entry  fees  shall  not  be  paid  where  the 
State  or  county  is  the  real  plaintiff.     They  are  payable  where  the  prosecu- 


Table  of  Changes.  737 

tion  is  under  city  or  town  by-laws  or  ordinances.  They  shall  be  taxed 
against  defendants.  The  clerk's  salar^^  shall  not  be  paid  until  he  has  paid 
over  all  fees.     St.  1890,  c.  209. 

Skcts.  28-30.  The  salaries  of  the  clerks  of  the  courts  in  the  counties 
are  established,  and  are  to  be  paid  by  the  county  treasurer,  and  shall  be  in 
full  for  all  services  performed  by  them.     St.  1888,  c.  257,  §§  1,  2. 

Sects.  28,  29.  The  clerk  of  the  supreme  judicial  court  for  the  county  of 
Suffolk  is  given  a  salary  of  $r),000  and  must  pay  over  all  fees.  He  shall  act 
as  clerk  for  the  court  when  sitting  in  IJoston  for  cases  from  other  counties, 
except  when  sitting  as  a  full  court,  and  for  this  receives  $1,500.  St.  1887, 
c.  291. 

The  books  and  accounts  of  the  clerks  are  determined.  St.  1888, 
c.  257,  §  4. 

Sect.  31.  The  salary  of  the  first  assistant  clerk  of  the  superior  court 
for  civil  business  in  the  county  of  Suffolk  is  raised  from  $2,500  to  $2,600. 
St.  1887,  c.  199. 

The  salary  of  the  second  assistant  clerk  for  civil  business  is  raised  from 
$2,000  to  $2,500.     St.  1885,  c.  250. 

Sect.  34.  The  provisions  relating  to  the  qualification  and  admission  to 
practice  of  attorneys-at-law  apply  to  women.     St.  1882,  c.  139. 

The  fee  for  admission  to  the  bar  shall  be  five  dollars.  St.  1888,  c.  257, 
§5. 

Sect.  44.  The  clause  forbidding  any  person  to  appear  as  counsel  or 
attorney  in  any  suit  determined  by  him  as  judge  or  trial  justice  is  extended 
to  any  proceeding,  civil  or  criminal.     St.  1884,  c.  170. 

Sect.  50.  The  compensation  of  masters  and  special  masters  in  chancery 
and  of  assessors  appointed  by  the  court  is  paid  by  the  county.  St.  1883, 
c.  216.  And  also  of  referees.  St.  1886,  c.  51.  And  also  the  fees  of 
arbitrators  under  chapter  188  upon  whose  awards  judgment  is  entered. 
St.  1887,  c.  289. 

Thej^  have  no  fees  unless  their  report  is  filed  within  ninety  days.  St. 
1888,  c.  282. 

The  probate  court  may  appoint  auditors  in  certain  cases.  St.  1889,  c. 
311. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  shall  be  one  dollar.  St. 
1888,  c.  257,  §  5. 

Sects.  56-63.  Provision  is  made  for  continuing  the  pul)lication  of  the 
reports.  The  salary  of  the  reporter  is  increased  from  $300  to  $4,000, 
and  the  price  of  the  reports  is  reduced  to  $1.50  per  copy.     St.  1889,  c.  471. 

Sect.  67.  The  number  of  officers  for  each  session  held  without  juries 
is  increased  from  two  to  three.  The  officers  appointed  under  this  section 
sliall  have  the  power  to  serve  venires  for  jurors  and  the  processes  of  said 
court,  being  paid  their  actual  expenses.  They  shall  give  bond.  St.  1888, 
c.  357. 

Sect.  68.  Deputies  in  attendance  on  the  supreme  judicial  court  in 
Suffolk,  not  exceeding  six  in  number,  are  paid  at  a  salary  of  $1,700  instead 
of  $4.50  per  day  and  travel.     Sts.  1882,  c.  232  ;  1886,  c.  37  ;  1890,  c.  294. 

OflScers  in  attendance  upon  the  probate  courts  or  courts  of  insolvency 
are  included  in  this  section  and  paid  $4.00  per  day  and  travel.  St.  1887, 
c.  243. 


738  Public  Statutes. 

Additional  oflicers  are  paid  for  travel  and  service  actually  performed. 
St.  1882,  c.  232. 

Skct.  69.  Officers  attending  the  superior  court  are  paid  $1,500  instead 
of  $1,400  as  before.     St.  1882,  c.  245,  §  3. 

The  deputy  sheriffs  and  constables  in  attendance  at  the  superior  court  in 
Suffolk  shall  wear  uniforms  for  which  they  are  allowed  $100  annually. 
St.  1888,  c.  371. 

Officers  and  messengers  of  the  superior  court  in  Suffolk  are  to  be  paid 
$1,700  instead  of  $1,400.     St.  1886,  c.  37. 

The  superior  court  may  appoint  official  stenographers  in  each  county. 
Their  duties  arc  delined.     They  may  be  removed.     St.  1885,  c.  291. 

The  fees  of  the  official  stenographers  are  increased.     St.  1887,  c.  74. 

The  provision  for  steuograpliers  in  Suffolk  is  revised.     St.  1887,  c.  24. 

The  salaries  of  the  official  stenographers  are  increased  from  $2,000  to 
$2,500.     St.  1889,  c.  324. 

CHAPTER  160. 

SPECIAL    PROVISIONS    RESPECTING    COURTS    AND    THE    ADMINIS- 
TRATION   OF  JUSTICE. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open  on 
the  day  following.     St.  1882,  c.  49. 

The  first  Monday  of  September,  labor's  holiday,  is  made  a  legal  holiday. 
St.  1887,  c.  263. 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised  and  jurisdiction 
given  to  the  lower  courts.     St.  1885,  c.  345. 

If  the  applicant  for  naturalization  does  not  live  in  the  district  of  any 
police,  municipal  or  district  court,  he  may  apply  to  the  coui;t  held  nearest 
to  the  town  in  which  he  resides.     St.  1886,  c.  203. 

Sect.  9.  This  section  is  repealed.  Primary  declarations  may  be  filed 
at  any  time,  and  the  oath  administered  at  the  time  of  filing.  St.  1886, 
c.  45. 

The  returns  of  naturalizations  made  to  the  secretary  need  not  be  printed. 
St.  1887,  c.  36. 

CHAPTER   161. 

OF  THE  COMMENCEMENT  OF  ACTIONS  AND  THE  SERVICE  OF 

PROCESS. 

Sect,  1.  The  venue  of  equity  suits  is  the  same  as  that  of  transitory 
actions.     St.  1883,  c.  223,  §  13. 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  are  given  power 
in  certain  cases  to  change  the  venue  of  actions.     St.  1887,  c.  347. 

Sect.  10.  The  motion  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sect.  13.  A  fac-simile  of  the  clerk's  signature  may  be  used  on  writs 
and  orders,  except  executions.     St.  1886,  c.  13. 

Si-xrrs.  13  et  seq.  Justices  of  the  supreme  or  superior  courts  may  order 
writs  or  other  process  to  be  issued  by  the  clerk  of  the  county  where  he  is 
sitting,  instead  of  by  the  cleric  of  that  in  which  the  cause  is  pending.  St. 
1886,  c.  223. 


Table  of  Changes.  7.39 

Sect.  23.  AVrits  arc  to  be  made  returnable  on  the  first  Monday  of  each 
month,  terms  beiuo-  abolislied.     St.  1885,  c.  384,  §§  1,  2. 

Sect.  27.  Writs  run  to  a  return  day  instead  of  a  term.  St.  188;"),  c. 
384,  §  5. 

Sects.  38-GO.  The  right  to  attacli  the  property  of  newspaper  offices  is 
regulated  and  limited.     St.  181)0,  c.  377. 

Sect.  62.  The  copies  of  tlie  writ,  etc.,  where  an  attachment  of  real 
estate  is  made,  are  to  be  deposited  in  tlie  registry  of  deeds  in  all  cases, 
instead  of  in  tlie  clerk's  office  in  some  counties.     St.  1889,  c.  401. 

Sects.  122  et  seq.  Bonds  to  dissolve  attachments  must  contain  an  addi- 
tional provision  for  special  judgments  in  cases  of  composition.     St.  1888, 

c.  4or>. 

Sects.  123,  124,  12").  AVhere  the  principal  is  discharged  in  insolvency, 
in  proceedings  begun  within  four  months,  it  discliarges  the  sureties.  St. 
1889,  c.  470. 

CHAPTER   162. 

OF   ARREST,   IMPRISONMENT  AND   DISCHARGE, 

All  notices,  certificates,  and  other  processes  where  the  court  has  a  clerk 
sliall  be  under  the  seal  of  the  court,  signed  by  the  clerk  and  bear  teste  of 
the  justice.     St.  1889,  c.  415,  §  2. 

Sects.  17,  18,  25,  27,  28,  31,  34,  54.  Courts  of  record  or  police,  dis- 
trict or  municipal  courts  or,  except  in  the  county  of  Suffolk,  trial  justices 
are  given  exclusive  jurisdiction  of  poor  debtor  proceedings,  except  that 
masters  in  chancery  and  commissioners  may  take  recognizances.  St.  1888, 
c.  419. 

Sects.  18-20.  The  same  steps  and  notice  of  examination  must  be  had 
where  the  other  charges  in  section  17  are  made  whicli  are  now  provided  for 
the  first  charge.     St.  1887,  c.  442,  §§1,2. 

Sect.  18.  The  notices  may  be  served  by  any  officer  qualified  to  serve 
civil  process.     St.  1889,  c.  415,  §  1. 

Sect.  20.  The  expiration  of  the  time  for  the  return  of  the  original 
execution  does  not  interrupt  tlie  proceedings,  but  an  arrest  may  be  oi'dered 
upon  an  alias.  If  the  time  expires  after  tlie  order  and  before  the  arrest,  a 
certified  copy  of  the  certificate  is  to  be  attached  to  the  alias.  St.  1889,  c. 
415,  §  3. 

Certain  transfers  of  property  after  the  service  of  the  notice  and  pending 
the  proceedings  thereon  are  a  contempt  of  court.     St.  1888,  c.  419,  §  3. 

Certain  pa3'ments  and  transfers,  pending  proceedings,  are  punished  as 
contempt.     St.  1890,  c.  128. 

Sect.  27  et  seq.  There  shall  be  no  unreasonable  delay  in  acting  on  the 
part  of  the  court.  No  appeal  is  allowed  except  as  provided  in  this  chapter. 
St.  1888,  c.  419,  §  12. 

If  the  arrest  is  made  when  the  court  is  not  in  session,  and  tlie  debtor 
does  not  wish  to  give  bail  or  recognize,  he  may  be  delivered  to  the  keeper 
of  the  jail,  who  detains  him  until  the  next  coming  in  of  the  court  and  then 
re-delivers  him  to  the  officer.     St.  1889,  c.  415,  §  5. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disability  of  the  magistrate  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  c.  442,  §§  3,  4. 


740  Public  Statutes. 

Sect.  33.  Where  a  discharge  is  refused  no  new  notice  or  application 
can  be  made  until  the  expiration  of  seven  days  from  the  hour  of  such  re- 
fusal.    St.  1888,  c.  419,  §  8. 

Sect.  36.  Provision  is  made  for  the  confinement  of  the  person  arrested 
pending  his  examination.     St.  1889,  c.  415,  §  4. 

The  fees  of  the  court,  magistrate  and  officer  are  fixed.  All  fees  received 
by  the  justice  or  clerk  of  any  court  are  to  be  accounted  for.  St.  1889,  c. 
415,  §§  6,  7. 

Sect.  68.  The  fees  are  changed  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.     St.  1888,  c.  419,  §  13. 

CHAPTER    163. 

OF   BAIL. 

Sect.  12.  The  bail  is  also  discharged  on  paying  costs  if  the  principal 
dies.     St.  1884,  c.  260. 

CHAPTER   164. 

OF    PROCEEDINGS     AGAINST     ABSENT     DEFENDANTS     AND    UPON 
INSUFFICIENT   SERVICE. 

Sect.  6.  When  real  estate  of  a  non-resident  is  attached  notice  must  be 
given  him  within  one  year  or  the  suit  must  be  dismissed.     St.  1884,  c.  268. 

Sect.  7.  A  default  is  entered  on  failure  to  appear  within  ten  days  after 
the  day  specified  in  the  notice.     St.  1885,  c.  384,  §  8. 

CHAPTER    167. 
OF  PLEADING   AND   PRACTICE. 

Terms  of  the  courts  are  abolished,  but  sittings  shall  be  held  when  and 
where  the  terms  are  now  appointed.  The  courts  are  always  open.  Return 
days  for  writs  and  other  processes  are  established  on  tlie  Ih'st  Monday  of 
every  month.  The  practice  of  the  courts  is  adapted  to  these  changes. 
St.  1885,  c.  384. 

All  civil  actions  except  replevin  may  be  begun  by  bill  or  petition,  and 
such  relief  may  be  given  as  the  case  requires.     St.  1887,  c.  383. 

Claimants  may  be  summoned  in  and  the  parties  required  to  interplead. 
St.  1886,  c.  281. 

Sects.  2-10.  The  form  for  declaring  for  the  recovery  of  interest  is 
established.     St.  1890,  c.  398. 

Sect.  9.  Instead  of  the  failure  to  file  declaration  being  a  discontinuance, 
the  action  may  be  dismissed  on  motion.     St.  1885,  c.  384,  §  6. 

Sect.  17.  Any  matter  which  in  equity  would  entitle  the  defendant  to  be 
absolutely  relieved  from  the  plaintiff's  claim  may  be  alleged.  St.  1883,  c. 
223,  §  14. 

Sect.  24.  Equitable  defences  may  be  relied  on  in  reply  to  the  defendant's 
answer.     St.  1883,  c.  223',  §  14. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action 
may  be  changed  to  equity.     St.  1883,  c.  223,  §  17. 


Table  of  Changes.  741 

Skcts.  46,  47  are  repealed  aud  new  provisious  as  to  defaults  are  substi- 
tuted.    St.  1885,  c.  384. 

Skct.  (17.  AVheu  there  are  two  or  more  shire  towns  tlie  shire  town  at 
whicli  an  action  sliall  be  tried  may  be  designated  at  the  terra  of  entry  and 
then  it  shall  not  be  tried  elsewhere  nor  costs  given  for  terms  held  elsewhere. 
St.  1882,  c.  264. 

The  parties  may  agree  that  an  action  shall  not  be  tried  before  a  certain 
day.     St.  1884,  c.  304. 

The  parties  may  agree  that  an  action  sliall  be  passed  aud  may  afterwards 
restore  it  to  the  list.     St.  1890,  c.  154. 

A  daily  trial  list  for  the  civil  session  of  the  superior  court  in  Suffolk 
must  be  printed.  No  case  can  be  put  on  after  twelve  o'clock  and  no  case 
postponed  after  two  except  by  order  of  the  court.     St.  1889,  c.  459. 

An  attorney  of  record  in  the  supreme  or  superior  courts  when  actually 
engaged  in  the  trial  of  a  cause,  shall  not  be  obliged  to  proceed  to  the  trial 
of  any  other  cause  unless  it  appears  to  the  court  that  it  is  just  and  reason- 
able.    St.  1890,  c.  451. 

Skct.  90.  Police  courts  also  may  order  the  defendant  to  lile  an  answer. 
St.  1886,  c.  64. 

CHAPTER    169. 

OF   WITNESSES   AND   EVIDENCE. 

Sect.  1.  Every  clerk  of  a  court  of  record  may  issue  subpoiuas  in  all 
cases,  but  a  justice  of  the  peace  only  in  civil  cases,  unless  requested  by  the 
prosecuting  officer  or  the  party  prosecuted,  and  in  the  latter  case  it  must  be 
expressed  in  the  subpoena.     St.  1884,  c.  247,  is  repealed.     St.  1885,  c.  141. 

Sects.  7,  8.  The  board  of  police  commissioners  is  added  to  the  bodies 
which  may  call  witnesses  before  them,  and  if  they  do  not  attend,  the  chair- 
man may  issue  a  warrant.     St.  1882,  c.  267. 

Justices  of  the  supreme  or  superior  courts  may  compel  witnesses  to  ap- 
pear before  special  tribunals  which  have  power  to  summon  but  not  to  com- 
pel their  attendance.     St.  1883,  c.  195. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear  to  defend,  no 
notice  of  the  taking  of  depositions  aud  no  exhibition  of  interrogatories  is 
required.     St.  1883,  c.  188. 

Sect.  54.  In  case  of  depositions  in  perpetuam  memoriam  of  parties 
without  the  state,  the  court  shall  order  reasonable  notice  to  non-resident 
parties  interested.     St.  1882,  c.  140. 

Sect.  70.  Copies  of  the  records,  books  and  accounts  of  savings  banks 
verified  by  affidavit  are  made  evidence.     St.  1885,  c.  92. 

Sects.  69,  70.  Provisioa  is  made  for  the  proof  of  rules  of  boards  of 
aldermen,  ordinances  of  cities  and  by-laws  of  towns  and  of  records  of  cities 
and  towns.     St.  1889,  c.  387. 

CHAPTER   170. 

OF  JURIES. 

Sect.  10.    No  venires  for  jurors  for  the  supreme  judicial  court  in  Barnstable 
shall  issue  unless  there  is  some  case  for  trial  by  jury.     St.  1889,  c.  173. 


742  Public  Statutes. 

Sect,  24.  Special  regulations  are  established  for  the  preparation  of  the 
jury  list  in  Boston.     St.  1888,  c.  123. 

Sect.  35.  Jurors  may  be  examined  by  the  parties  or  their  attorneys 
under  the  direction  of  the  court.     St.  1887,  c.  149. 


CHAPTER   171. 
OF  JUDGMENT   AND   EXECUTION. 

New  provisions  are  made  as  to  the  time  of  entering  judgment.  St.  1885, 
c.  384. 

Sects.  17,  24.  Special  judgments  in  insolvency  cases  are  regulated.  A 
general  execution  may  be  issued  or  the  plaintiff  may  have  scire  facias  where 
the  defendant  fails  to  obtain  a  discharge  or  unreasonably  delays  to  prose- 
cute the  proceedings.     St.  1885,  c.  59. 

Skcts.  52,  53.  Provision  is  made  for  a  record  or  seizure  in  eases  where 
the  levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  c.  407. 

Sect.  54  is  repealed.  In  case  of  sickness  or  absence  of  the  officer  serv- 
ing the  execution,  he  or  the  judgment  creditor  may  delegate  another  officer 
to  act.     St.  1885,  c.  125. 

CHAPTER    172. 
OF   THE  r  LEVY  OF  EXECUTION   ON   HEAL  ESTATE. 

Sect.  30.  Execution  sales  where  the  sale  is  restrained  may  be  adjourned 
until  the  further  order  of  the  court  granting  the  injunction.  On  the  final 
determination  of  the  injunction  the  court  may  order  the  sale  to  proceed  and 
further  notice  to  be  given.     St.  1884,  c.  175. 

Sect.  49.  The  right  of  redemption  is  extended  to  lands  set  off  as  well 
as  those  sold.     St.  1886,  c.  86. 

CHAPTER   175. 

OF  THE  SUMMARY  PROCESS  FOR  THE  RECOVERY  OF  LAND, 

Sects.  6,  7,  8.  A  bond  instead  of  a  recognizance  is  to  be  given  in  all 
cases.     St.  1888,  c.  325. 

CHAPTER   176. 
ON  PETITIONS  FOR  THE   SETTLEMENT  OF   TITLE, 

After  possession  for  twenty  years  by  the  mortgagor  be  may  apply  to  the 
supreme  court,  and  if  it  appears  that  there  has  been  no  act  of  recognition 
during  that  time,  any  action  is  barred.     Sts.  1882,  c.  237  ;  1885,  c.  283, 

Provision  is  made  for  determining  tlie  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations  and  agreements  more  than 
thirty  years  old  which  appear  of  record  and  affect  the  title  to  land,  St. 
1889,  c.  442. 

The  petition  may  be  filled  by  any  person  having  a  freehold  estate,  vested 
or  contingent,  in  possession,  reversion  or  remainder  in  the  land  or  in  any 


Table  op  Changes.  743 

part  of  it  or  any  interest  which  may  become  a  freehold,  and  by  any  pei-son 
who  has  conveyed  with  covenants  of  warranty.  Defects  arising  under  dif- 
ferent mortgages  may  be  set  out  in  the  same  petition.  St.  1890,  c. 
427. 

And  persons  owning  in  severalty  different  portions  or  interests  in  the 
whole  or  in  different  portions  of  such  estate  may  join.     St.  1890,  c.  427,  §  2. 


CHAPTER  178. 
OF  THE   PARTITION   OF   LAND. 

Sects.  2,  9,  75  are  extended  so  tliat  land  lying  in  different  counties  may 
be  divided  in  one  proceeding.     St.  1888,  c.  346. 

Skot.  13.  The  allidavit  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  c.  384,  §  14. 

Sects.  45  et  seq.  Probate  courts  may  make  a  partial  division  setting- 
off  to  the  petitioner  his  share  and  allowing  the  residue  to  remain  in  com- 
mon.    St.  1885,  c.  293. 

Sect.  51.  The  notice  of  the  petition  is  to  be  published  in  "  such  news- 
paper or  newspapers,"  instead  of  in  "  newspapers."     St.  1882,  c.  55. 

Sect.  63  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  2. 

Sects.  64-75.  Provision  is  made  for  the  partition  of  land  where  there 
are  estates  for  life  or  terms  for  years,  a  trustee  being  appointed  to  hold 
any  money  coming  from  such  partition  and  pay  over  the  income  to  tlie 
tenant  and  the  principal  to  tlie  remaiuder  man  when  the  first  estate  ceases. 
St.  1887,  c.  286. 

Sect.  69.  Partition  is  not  defeated  because  a  party  has  paid  a  mort- 
gage, lien,  tax  or  other  incumbrance  which  the  other  parties  are  entitled  to 
redeem,  but  the  decree  shall  contain  terms  of  redemption,  which  must  be 
performed  before  final  judgment.     St.  1889,  c.  468. 


CHAPTER  180. 
OF   ACTIONS   FOR  PRIVATE   NUISANCES. 

Certain  fences  and  other  like  structures  are  declared  private  nuisances. 
St.  1887,  c.  348. 

CHAPTER  181. 
OF  THE  REDEMPTION  AND   FORECLOSURE  OF  MORTGAGES. 

Sect.  17.  The  notice  of  sale  under  a  mortgage  of  real  estate,  if  there  is 
no  newspaper  in  the  town,  may  be  given  in  some  newspaper  in  the  county. 
St.  1882,  c.  75. 

Sect.  27.  But  the  mortgagee  may  proceed  with  any  sale  already^ adver- 
tised unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined.  St. 
1888,  c.  433. 


744  Public  Statutes. 

CHAPTER  183. 
OF  THE   TRUSTEE  PROCESS. 

Sect.  7.  No  trustee  writ  issued  by  a  trial  justice  shall  be  made  return- 
able more  thau  thirty  days  after  its  date.     St.  1887,  c.  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  da3's  from  the 
return  day  of  the  writ.     St.  1885,  c.  384,  §  9. 

Sect.  33.  The  wages  or  lay  of  seamen  on  contracts  hereafter  made  are 
not  attachable.     St.  1886,  c.  194. 

The  wages  or  lay  due  or  accruing  to  a  fisherman  are  not  exempt.  St. 
1890,  c.  289. 

Sect.  34.  The  funds  of  railroad  relief  societies  are  not  liable  to  trustee 
process.     St.  1886,  c.  125. 

Sect.  38.  The  claimant  is  given  an  execution  for  the  amount  due  him 
with  costs,  and  the  trustee  is  held  for  the  remainder.  A  trustee  who  has 
been  defaulted  is  discharged  for  any  amount  which  he  may  have  paid  on 
the  original  execution,  and  is  liable  to  the  claimant  only  for  the  rest.  The 
provision  as  to  proceedings  under  c'  161,  §§  80,  82,  83  is  omitted.  St. 
1888,  c.  345. 

Sect.  73.  When  pending  the  trustee  process  the  defendant  sues  the 
trustees,  the  costs  in  such  suit  are  in  the  discretion  of  the  court.  St.  1883, 
c.  62. 

CHAPTER  184. 

OF  THE  REPLEVIN  OF  PROPERTY. 

In  case  of  appeal  from  the  lower  courts  no  bond,  recognizance  or  deposit 
shall  be  required  where  the  appeal  is  by  the  plaintiff.     St.  1890,  c.  224. 

CHAPTER    185. 

OF  HABEAS  CORPUS  AND  PERSONAL  REPLEVIN. 

Sect.  18  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  c.  6,  §  3. 

CHAPTER   187. 
OF  WRITS  OF  ERROR  AND  WRITS  OF  AND  PETITIONS  FOR  REVIEW. 

Sect.  39.  A  stay  of  execution  may  be  ordered  without  security  when 
the  petitioner  had  no  actual  knowledge  of  the  action  before  judgment  was 
entered.     St.  1882,  c.  249. 

Bonds  to  prosecute  review  must  have  a  provision  for  special  judgments 
in  cases  of  composition  with  creditors.     St.  1888,  c.  405. 

CHAPTER    188. 

OF  REFERENCE  TO   ARBITRATION. 

The  fees  of  arbitrators  appointed  under  this  chai)ter  upon  whose  awards 
judgment  is  entered  are  paid  by  the  county.     St.  1887,  c.  289. 


Table  of  Changes.  745 

CPI  AFTER    189. 

OF   UMPROVING   MEADOWS   AND   SWAMPS. 

Sect.  15.  "  Return  day  "  is  substituted  for  "  court."  St.  1885,  c.  384, 
§  5. 

CHAPTER   191. 

OF   LIENS   ON  BUILDINGS   AND   LAND. 

Sect.  12.  This  section,  providing  that  the  petition  may  be  inserted  in 
a  writ,  is  repealed.     St.  1888,  c.  344,  §  4. 

Sect.  13.  The  words  "  whether  filed  as  a  petition  or  inserted  in  a  sum- 
mons" are  struck  out.     St.  1888,  c.  344,  §  1. 

Sect.  17.  Where  parties  are  absent  or  cannot  be  served  with  notice, 
the  petition  shall  stand  continued  until  such  notice  shall  be  given  as  the 
court  or  justice  shall  direct.     St.  1888,  c.  344,  §  3. 

The  provision  for  notice  to  the  owner  of  the  land  and  the  debtor  is 
changed  ;  the  form,  the  mode  of  service  and  the  fees  are  established.  The 
order  mav  be  made  by  the  justice  of  the  court  as  well  as  the  clerk.  St. 
1888,  c.  344,  §  2. 

Sect.  42.  Persons  to  whom  a  debt  would  be  payable  if  it  were  not  for 
a  lieu,  may  dissolve  such  lieu  by  a  bond.     St.  1890,  c.  383. 

CHAPTER    192. 

OF   MORTGAGES,  CONDITIONAL   SALES,  PLEDGES  AND   LIENS   ON 
PERSONAL  PROPERTY. 

Sects.  1,  2,  are  repealed  and  two  new  sections  are  substituted.  The  new 
sections  differ  in  requiring  the  mortgage  to  be  recorded  within  fifteen  days 
from  the  date  written  therein.  If  it  must  be  recorded  in  two  places,  the 
second  record  must  be  within  ten  days  of  the  first.  The  mortgage  is  not 
good  except  between  tlie  parties  until  so  recorded,  and  a  record  after  the 
time  fixed  is  void.     St.  1883,  c.  73. 

Sects.  10-12.  Debts  or  claims  agaiust  a  pledgee  created  by  an  un- 
authorized sale  of  the  collateral  are  not  discharged  in  insolvency.  St. 
1885,  c.  353. 

Sect.  13.  Conditional  sales  of  furniture  or  household  goods  are  regu- 
lated.    St.  1884,  c.  313. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  business  as  well  as  where  he  resides  are  given  jurisdiction.  St.  1888, 
c.  46. 

CHAPTER   195. 

OF  THE  COLLECTION  OF  CLAIMS  AGAINST  THE  COMMONWEALTH. 

Sects.  1 ,  7.  The  superior  court  is  given  jurisdiction  of  all  claims  against 
the  Commonwealth,  whether  at  law  or  in  equity,  except  those  mentioned  in 
section  7,  but  they  shall  be  subject  to  set-off  or  recoupment,  as  if  the  Com- 
monwealth was  a  private  individual.     St.  1887,  c.  24G. 


746  Public  Statutes. 


CHAPTER   197. 

OF  THE   LIMITATION   OF  PERSONAL   ACTIONS. 

Actions  to  recover  forfeitures  for  selling  liquor  to  a  minor  are  limited  to 
two  years.     St.  1889,  c.  390. 

CHAPTER   198. 
OF  COSTS  IN  CIVIL  ACTIONS. 

Sect.  25  is  repealed.  l\ppeals  from  taxation  of  costs  by  the  clerk,  if 
during  the  term,  shall  be  heard  by  the  justice  before  adjournment.  St. 
1882,  c.  235. 

Sect.  28.  The  term  fees  which  are  allowed  to  the  prevailing  party  are 
limited.     St.  1882,  c.  264. 

CHAPTER   199. 
OF  THE   FEES   OF   CERTAIN  OFFICERS. 

In  all  criminal  cases,  if  tlie  justice  or  magistrate  deems  the  complaint 
unfounded,  frivolous  or  nuilicious,  he  may  refuse  all  fees  to  the  person 
makiug  the  complaint.     St.  1890,  c.  440,  §  11. 

Sect.  2.  In  police,  district  and  municipal  courts  no  court  fees  shall  be 
allowed  in  any  criminal  case.     St.  1890,  c.  256. 

Sect.  2,  3.  The  fees  of  trial  justices  are  changed,  and  the  mode  of 
approval  and  certification.     St.  1890,  c.  353. 

Sect.  4.  In  lieu  of  entry,  clerk's  term  fees,  the  fee  for  taxing  costs 
and  issuing  execution,  a  fee  of  three  dollars  is  to  be  paid  in  advance,  and 
the  same  fee  in  criminal  cases  in  lieu  of  the  entry  and  all  other  clerk's  fees. 
St.  1888,  c.  257,  §  3. 

AVhere  the  record  will  be  of  uuusual  length,  the  prevailiug  party  may  be 
ordered  to  pay  a  sum  in  addition  to  the  entry  fee.     St.  1888,  c.  257,  §  7. 

The  clerks  shall  collect  all  fees  in  advance.     St.  1888,  c.  257,  §  8. 

Clerk's  term  fees  are  abolished.     St.  1889,  c.  433. 

The  fees  of  officers  for  travel  to  summon  witnesses  in  criminal  cases 
under  twenty  miles  are  raised.  Tlie  distance  is  computed  from  the  most 
distant  place  of  service  to  the  place  of  return.  Wlien  the  officer  has  not 
actually  travelled  the  distance,  the  court  may  reduce  the  amount.  St. 
1882,  c.  215. 

Sect.  4.  The  entry  fee  also  includes  the  fee  for  issuing  subpoenas  and 
injunctions.     St.  1890,  c.  360. 

Sect.  9.  In  the  service  of  criminal  precepts  the  officer  is  allowed  fifteen 
cents  a  mile  for  a  liorse  and  carriage  if  he  uses  his  own,  and  the  sum  actu- 
ally expended  if  he  uses  those  of  another,  but  he  must  make  certificate  of 
the  necessity  and  the  distance  travelled  and  sum  paid.     St.  1885,  c.  254. 

Sect.  15  is  repealed.  Appraisers  may  be  allowed  what  is  just  and  rea- 
sonable instead  of  one  dollar  per  day.     St.  1886,  c.  135. 

Sect.  14.  AVitnesses  before  the  court  of  insolvency  or  at  an  insolvent 
d^ebtor's   examination,  except   the   debtor,  are   allowed  tlie  same  fees  as 


Table  op  Changes.  747 

before  the  probate  court,  unless  frauiluleut  conduct  is  charged  and  proved 
against  them.     St.  18'J0,  c.  277. 

Scot.  o-t.     The  fees  of  salaried  oflicers  and  others  and  tlic  expenses  of 
criminal  cases  are  regulated.     St.  1890,  c.  440. 


CHAPTER   202. 

OF   OFFENCES   AGAINST  THE  PERSON. 

Sect.  27  is  repealed.     The  age  of  consent  in  case  of  rape  is  raised  from 
ten  years  to  fourteen.     Sts.  1886,  c.  305  ;  1888,  c.  391. 


CHAPTER   203. 
OF   OFFENCES    AGAINST  PROPERTY. 

False  statements  of  the  distance  which  the  person  intends  to  travel  when 
hiring  a  horse,  or  of  the  distance  actually  travelled,  or  refusal  to  pay  the 
hire,  are  made  a  crime.     St.  1882,  c.  23(;. 

Sect.  10.  Burglary  armed.  A  miuiuuim  penalty  of  ten  years  is  fixed. 
St.  1888,  c.  135. 

Sect.  11.  Burglary  unarmed.  If  such  offender  has  been  convicted  of 
any  oft'ence  named  in  sections  10  or  11,  the  minimum  penalty  is  five  years. 
St.  1888,  c.  135. 

Sect.  20.  If  property  not  exceeding  one  hundred  dollars  in  value  is 
stolen  from  a  connnon  carrier,  the  penalty  is  imprisonment  not  exceeding 
three  years  or  a  fine  not  exceeding  five  hundred  dollars.     St.  1889,  c.  458. 

Sect.  21.  Mutilation  of  a  will  is  added  to  the  crimes  named  in  this 
section.     St.  1890,  c.  391. 

Sect.  40.  Embezzlement  by  agents,  clerks,  etc.,  shall  include  embez- 
zlement by  officers  of  voluntary  associations  and  societies.     vSt.  1884,  c.l74. 

Sects.  20,  40.  Embezzlement  of  the  property  of  voluntary  associations 
is  made  a  crime.  The  name  by  which  they  are  generally  known  is  a  sufli- 
cient  description.     St.  1886,  c.  328. 

Sect.  56  is  extended  to  agents,  clerks,  or  servants  or  officers  of  persons 
and  firms,  and  to  the  omission  to  make  a  true  entry  as  well  as  the  making  a 
false  entry.     St.  1885,  c.  223. 

Sects.  58,  59.  Fraudulent  use  of  the  insignia  of  the  grand  army  of  the 
republic  or  of  the  loyal  legion  is  made  an  offence.     St.  1887,  c.  67. 

Sects.  63,  64.  The  labels,  stami)s  and  trade  marks  of  labor  and  trade 
associations  are  also  protected.     St.  1890,  c.  104. 

Sect.  79.  Detaining  without  cause  books,  etc.,  taken  from  public 
libraries  is  punished.     St.  1883,  c.  77. 

The  mutilation  of  maps,  newspapers,  magazines,  pamphlets  and  manu- 
scripts is  also  punished,  and  to  the  libraries  is  added  "  incorporated  libra- 
ries."    St.  1883,  c.  81. 

Sect.  99.  A  person  may,  by  notice,  prohibit  shooting  or  trapping  on 
his  land,  and  game  artificially  propagated  on  such  land  is  his.  St.  1884, 
c.  308." 


748  Public  Statutes. 

This  section  which  forbids  trespass  upon  enclosed  or  improved  land  is 
revised  and  extended.     St.  1890,  c.  410. 

Whoever  enters  laud  with  firearms  with  intent  to  fire  them  and  who  after 
being  requested  to  leave  said  laud  remains,  is  punished.  St.  1890,  c. 
403,  §  1. 

Whoever  tears  down  or  defaces  au}'  notice  warning  persons  not  to  tres- 
pass, is  punished.     St.  1890,  c.  403. 

Wilful  trespass  on  lauds  appurtenant  to  prisons  or  houses  of  correction, 
disturbance  of  such  institution  or  communication  with  the  inmates  is  made 
a  crime.     St.  1885,  c.  303. 

Sect.  101.  The  tearing  down,  removal  or  defacing  of  a  town  warrant, 
list  of  voters  or  jurors,  or  other  legal  notice,  is  punished.     St.  1883,  c.  156. 

Municipal,  district  and  police  courts  are  given  concurrent  jurisdiction 
with  the  superior  court  of  malicious  injuries  to  personal  property  where  the 
value  is  not  alleged  to  exceed  one  hundred  dollars.  The  penalt}^  is  estab- 
lished.    St.  1887,  c.  293,  §  2. 

Sect  103.  The  malicious  defacing  of  milk  cans  is  punished.  St.  1885, 
c.  133. 

Sect.  106.  The  punishment  for  injury  to  the  property  of  the  Humane 
Society  is  increased  ;  the  fine  from  one  hundred  to  two  hundred  dollars, 
and  the  imprisonment  from  ninety  days  to  six  months.  One-half  the  fine 
is  given  to  the  person  giving  information  upon  which  a  conviction  is 
obtained.     St.   1889,  c.  399. 

Sects.  107,  108,  109.  The  wilful  or  negligent  setting  of  fires  is  made 
a  crime.     St.  1886,  c.  296,  §  1. 

AVhoever  wantonly  and  recklessly  sets  fire  to  any  material  which  causes 
the  injury  or  destruction  of  growing  or  standing  wood  is  punished.  St. 
1882,  c.  163. 

CHAPTER   205. 
OF   OFFENCES   AGAINST  PUBLIC   JUSTICE. 

Commitments  for  contempt  may  be  made  to  any  jail,  and  the  process 
may  be  served  by  the  sheriff  to  whom  it  is  directed  in  other  counties  as  well 
as  in  his  own.     St.  1886,  c.  224. 

Interference  with  police  signal  svstems  is  made  an  oft'ence.  St.  1888, 
c.  291. 

CHAPTER   207. 
OF  OFFENCES  AGAINST  CHASTITY,  MORALITY  AND  GOOD  ORDER. 

The  exhibition  of  persons  deformed  is  forbidden.     St.  1884,  c.  99. 

Uunatural  and  lascivious  acts  are  made  criminal  and  the  form  of  the 
complaint  or  indictment  is  fixed.     St.  1887,  c.  436. 

Sect.  2  is  amended  so  as  to  cover  not  onl}'  the  purpose  of  prostitution 
but  of  unlawful  sexual  intercourse.  Giving  drugs  or  other  things  for  pui'- 
poses  of  sexual  intercourse,  intercourse  with  idiotic  or  imbecile  women  or 
girls,  and  induciug  auy  person  under  eigliteen  years  old  to  have  such  unlaw- 
ful intercourse  are  punished.  The  owner  or  person  in  control  of  premises 
who  suffers  or  induces  any  girl  under  the  age  of  twenty-one  to  be  upon  the 


Table  of  Changes.  749 

premises  for  the  purpose  of  unlawful  intercourse  is  punished.  The  evidence 
of  one  witness  must  be  corroborated  and  prosecutions  must  be  commenced 
within  one  3-ear.     St.  1886,  c.  321). 

Sending  an}^  woman  or  girl  to  enter  as  an  inmate  or  as  a  servant  any 
house  of  ill-fame  is  made  an  offence.  Proprietors  or  keepers  of  employ- 
ment offices  who  personally  or  tlu'ough  an  employee  send  any  woman  or 
girl  to  enter  any  house  of  ill-fame  as  aforesaid,  the  character  of  which 
could  have  been  ascertained  on  reasonable  inquiry,  are  punished.  Detain- 
ing or  attempting  to  detain  or  administering  any  drug  for  the  purpose  of 
detaining  any  woman  or  girl  in  such  house  is  made  a  crime.  St.  1888, 
c.  311.  ^ 

Sect.  9.  Where  death  is  alleged  to  have  resulted  from  an  unlawful 
attempt  to  produce  a  miscarriage,  the  dying  declarations  of  the  woman 
shall  be  admissible  in  evidence.     St.  1889,  c.  100. 

Sect.  15.  The  sale  or  distribution  to  minors  of  papers  devoted  to 
criminal  news  or  reports  of  crime  is  forbidden,  and  whoever  emplo^^s 
minors  or  permits  them,  if  under  his  control,  to  be  employed  in  such  dis- 
tribution is  punished.     St.  1885,  c.  305. 

This  section  which  punishes  any  person  who  imports,  prints,  publishes, 
sells  or  distributes  obscene  books  and  the  like,  is  extended  to  include  those 
manifestly  tending  to  the  corruption  of  the  morals  of  youth.    £t.  1890,  c.  70. 

Sect.  2Q.  The  maximum  fine  for  drunkenness  is  increased  from  one  to 
five  dollars,  and  the  maximum  imprisonment  for  non-payment  from  ten 
da3's  to  thirty  days.  The  county  commissioners  may  release  persons  so 
confined.     St.  1885,  c.  375. 

Sect.  27.  Male  persons  convicted  of  a  third  offence  of  drunkenness 
may  be  sentenced  to  the  reformatory  for  not  less  than  one  year  and  not 
more  than  two  years.     St.  1885,  c.  3G5. 

Sects.  27,  28.  The  punishment  of  female  persons  for  a  second  offence 
of  drunkenness  is  made  the  same  as  that  of  men.     St.  1888,  c.  377. 

Sect.  28.  Keeping  aii}^  place  for  opium  smoking,  the  selling  or  giving 
away  opium  at  such  place,  or  resorting  to  it  to  smoke,  is  made  a  crime. 
St.  1885,  c.  73. 

Sects.  29,  42.  Rogues,  vagabonds,  vagrants  and  others  named  in  these 
sections  may  be  sent  to  the  State  workhouse  as  tramps  now  are  under  sec- 
tion 38.     St.  1884,  c.  258. 

Male  persons  committing  the  offences  named  in  these  sections  may  be 
sentenced  to  the  reformatory  for  not  less  than  one  year  and  not  more  than 
two  years.     St.  1885,  c.  365,  §  1. 

Sect.  34.  Persons  disorderly  or  indecent  in  speech  or  behavior  on 
public  conversances  are  punished.     St.  1883,  c.  102. 

The  wilful  disturbance  of  persons  in  a  public  library  or  reading-room  is 
punished.     St.  1885,  c.  225. 

Sect.  50.  "Whoever,  without  authority,  removes  any  flowers,  flags  or 
memorial  tokens  from  any  grave,  tomb,  monument  or  burial  lot  is  pun- 
ished.    St.  1888,  c.  395. 

Sect.  52.  The  docking  of  tlie  tails  of  liorses  is  forbidden.  One-half 
the  fine  is  given  to  the  Society  for  tlic  Prevention  of  Cruelty  to  Animals 
when  the  case  is  prosecuted  upon  their  complaint  or  information.  St. 
1889,  c.  267. 


750  Public  Statutes. 

Sect.  69.  This  section  is  repealed  and  a  substitute  enacted  extending 
the  provisions  against  discrimination  in  public  places  on  account  of  race  or 
color.     St.  1885,  c.  316. 

CHAPTER  208. 

OF  OFFENCES   AGAINST   PUBLIC   HEALTH. 

The  manufacture  or  sale  of  any  drug  or  article  of  food  which  is  adul- 
terated is  punished.  Adulteration  is  defined.  Such  compounds  as  are 
recognized  as  ordinary  articles  of  food  or  drink  are  exempt  if  so  marked. 
Provision  is  made  for  analyzing  samples.  Sts,  1882,  c.  263  ;  1884,  c.  289  ; 
1886,  c.  171. 

The  State  board  may  expend  annually  in  enforcing  the  laws  against 
adulterations  not  exceeding  ten  thousand  dollars,  of  which  three-fifths 
must  be  for  enforcing  the  laws  against  adulterations  of  milk.  They  must 
repoit  the  prosecutions  and  an  itemized  account  of  the  expenditure.  St. 
1884,  c.  289,  §  1. 

The  sale  or  gift  of  any  cigarette,  snuff  or  tobacco  to  persons  under  six- 
teen years  of  age  is  forbidden.     St.  188G,  c.  72. 

The  feeding  of  garbage,  refuse  or  offal,  or  the  possession  of  it  with  intent 
to  feed  it  to  any  milch  cows,  is  punished.     St.  1889,  c.  326. 

The  regnlations  as  to  the  sale  of  poisons  are  revised,     St.  1888,  c.  209. 

CHAPTER  209. 

OF   OFFENCES   AGAINST   PUBLIC  POLICY. 

Property  shall  not  be  sold  or  exchanged  by  the  inducement  of  any  gift. 
St.  1884,  c.  277. 

CHAPTER  209a. 

OF   HABITUAL   CRIMINALS. 

Provision  is  made  for  thepunishmentof  habitual  criminals.   St.  1887,  c.  435. 
Provision  is  made  for  the  registration  and  identification  of  criminals. 
St.  1890,  c.  316. 

CHAPTER  212. 

OF  SEAPtCH  WARRANTS,  REWARDS,  ARRESTS,  EXAMINATION,  COINI- 
MITMENT,  BAIL  AND  PROBATION. 

Children  under  twelve,  not  accused  of  offences  punishable  by  imprison- 
ment for  life  nor  truants,  are  not  to  be  arrested  until  they  neglect  to  appear 
on  summons,  nor  to  be  committed  in  default  of  bail,  nor  on  sentence.  St. 
1882,  c.  127. 

Sect.  2.  Warrants  may  also  issue  to  search  for  pool  tickets  or  other 
materials  unlawfull}^  made,  provided  or  procured  for  the  purpose  of  buying 
or  selling  pools.     St.  1885,  c.  312,  §  2. 

Search  warrants  may  also  issue  to  search  for  personal  property  insured 
against  fire  removed  or  concealed  to  cheat  or  defraud  an  insurance  compau}'. 
St.  1890,  c.  284. 


Table  of  Changes.  751 

Property  so  seized  shall  be  held  and  disposed  of  as  the  court  may  order. 
St.  18'J0,  c.  452. 

Sects.  2,  i).  Gaining  apparatus  seized  under  section  2,  clause  7,  is  to 
be  sold  or  disposed  of  under  section  9.     St.  1885,  c.  6G. 

Sect.  16.  A  summons  shall  issue  instead  of  a  warrant,  "  unless  there 
is  reason  to  believe  that  tlie  accused  will  not  appear  upon  a  summons," 
instead  of  "  if  there  is  no  reason  to  believe  that  he  will  evade."  St.  1890, 
c.  225. 

Sects.  17,  20.  "Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  any  oflicer  in  any  county.     St.  1886,  c.  247. 

Sect.  2(').  The  court  or  justice,  on  adjourning  a  trial  or  examination 
where  the  offence  is  punishable  with  death  or  imprisonment  for  life,  may 
bind  over  the  government  witnesses  according  to  sections  37-41  of  this 
chapter;  the  fee  is  twenty  cents.     St.  1885,  c.  136. 

Where  a  trial  justice  adjoui-ns  an  examination  or  trial,  and  then  fails  to 
appear,  another  justice  may  complete  the  proceedings.  The  records  are  to 
be  made  up  by  the  justice  rendering  the  final  decision.     St.  1883,  c.  175. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  c.  135. 

Sect.  68  is  repealed.  The  person  ordered  to  recognize  may  deposit  the 
money  with  any  officer  authorized  to  take  his  recognizance,  instead  of 
being  restricted  to  the  magistrate  or  clerk  of  the  court  ordering  it.  St. 
1882,  c.  134. 

Sect.  78.  Two  additional  probation  officers  may  be  appointed  in  Bos- 
ton. The  requirement  that  the  officers  be  appointed  in  May  is  struck  out. 
St.  1882,  c.  125. 

CHAPTER  213. 

OF    INDICTMENTS,    PROSECUTIONS,    AND    PROCEEDINGS    BEFORE 

TRIAL. 

Sect.  17  is  repealed.  The  form  of  complaints  and  indictments  on  special 
statutes,  ordinances  and  by-laws  of  cities  and  towns,  orders  of  the  mayor 
and  aldermen  or  rules  of  any  public  board,  is  regulated.     St.  1886,  c.  53. 

So  for  embezzlements  from  voluntary  associations.    St.  1886,  c.  328,  §  2. 

Sects.  15,  30.  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  State.     Sts.  1883,  c.  148  ;  1889,  c.  90. 

Sects.  33-35.  Police  officers  may  serve  and  return  subpamas  when 
requested  by  the  district  attorney.     St.  1890,  c.  440,  §  6. 


CHAPTER  214. 
OF   TRIALS  AND   PROCEEDINGS  BEFORE   JUDGMENT. 

Sect.  1 .  A  list  of  criminal  cases  for  trial  is  made  compulsory,  instead 
of  discretionary  witli  the  court.     St.  1884,  c.  193. 

The  order  of  the  trial  list  must  be  observed,  unless  otherwise  ordered  by 
the  court  for  cause  shown.     St.  1889,  c.  432. 


752  Public  Statutes. 

Sects.  19,  20.  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  State.     Sts.  1883,  c.  148  ;  1889,  c.  90. 

CHAPTER  215. 
OF  JUDGMENT  AND   EXECUTION 

Convicts  punishable  by  imprisonment  in  the  house  of  correction  may  be 
sent  to  jail  instead,  and  tliose  undergoing  sentence  may  be  removed  from 
one  to  the  other.     St.  1882,  c.  241. 

Sentences  to  imprisonment  for  successive  terms  are  allowed.  St.  1884, 
c.  265. 

Sect.  15.  But  the  same  term  of  imprisonment  may  be  imposed  as  if  the 
sentence  were  to  be  executed  in  the  State  prison.     St.  1889,  c.  113. 

CHAPTER  216. 
OF  FIRE  INQUESTS. 

This  chapter  is  repealed  and  the  law  as  to  fire  inquests  is  revised.  St. 
1889,  c.  451. 

Salaried  officers  are  allowed  no  fees  with  certain  exceptions.  St.  1890, 
c.  440. 

CHAPTER   217. 

OF  FINES,  FORFEITURES    AND    COSTS. 

The  fees  of  salaried  officers  and  others  and  the  expenses  of  criminal 
cases  are  regulated.     St.  1890,  c.  440. 

No  costs  are  to  be  taxed  against  defendants  in  criminal  cases.  ThS 
persons  to  whom  fines  are  payable  are  determined.     St.  1890,  c.  440. 

The  expense  of  serving  the  mittimus  shall  be  deemed  a  part  of  the  ex- 
pense of  prosecution.  The  copy  left  when  the  prisoner  is  committed  shall 
contain  a  detailed  statement  of  the  fees  for  commitment.     St.  1890,  c.  328. 

Sect.  8.  Instead  of  copies  of  bills  of  costs  being  transmitted  they  may 
be  entered  on  a  schedule  which  shall  be  transmitted  to  the  treasurer,  who 
shall  pay  the  persons  entitled.     St.  1888,  c.  257,  §  6. 

Sects.  8  and  9,  which  provide  for  the  taxation,  certification  and  pay- 
ment of  fines  and  costs  and  their  payment  to  the  county  treasurer,  are 
revised.     St.  1890,  c.  218. 

Sect.  13,  which  provides  for  semi-annual  returns  by  the  sheriff  is 
repealed.     St.  1890,  c.  218. 

Sect.  18.  No  child  under  twelve  can  be  imprisoned  except  on  charges 
punishable  by  impi-isonment  for  life  or  for  truancy,  but  must  be  committed 
to  the  custody  of  the  State  board  of  health.     St.  1882,  c.  127. 

CHAPTER   218. 

OF  FUGITIVES  FROM  JUSTICE   AND  PARDONS. 

Sect.  6  is  repealed.  Expenses  of  requisitions  are  paid  by  the  county  unless 
the  governor  orders  a  part  or  all  to  be  paid  b}'  the  State.    St.  1886,  c.  267. 


Table  of  Changes.  753 

Sect.  14.  Where  the  eouditiou  of  apaixlon  is  broken  aucl  the  convict  is 
remanded  to  serve  out  the  residue  of  his  sentence,  if  he  is  then  serving 
another  sentence  his  conlineraent  is  to  begin  fi-om  the  expiration  of  that. 
St.  1882,  c.  li)7. 

CHAPTER   219. 

OF  THE   COMMISSIONERS   OF   PRISONS. 

The  commissioners  may  transfer  prisoners,  except  tliose  confined  for 
capital  crimes,  to  hospitals  for  surgical  treatment.  The  time  of  their 
sentence  runs  while  there.     St.  1882,  c.  207. 

Sect.  3.  The  salary  of  the  secretary  of  the  commissioners  of  prisons  is 
raised  from  82,000  to  |2,500.     St.  188G,  c.  275. 

The  commissioners  of  prisons  may  expend  for  clerical  assistance  a  sum 
not  exceeding  $2,500  annually.     St.  1888,  c.  328. 

Sect.  4.  They  may  remove  prisoners  from  jails  to  houses  of  correction, 
and  vice  versa.     St.  1882,  c.  241. 

They  may  transfer  prisoners  between  the  jails,  from  the  reformatory 
to  the  jails  and  houses  of  correction  and  back  again.     St.  1887,  c.  375. 'ii 

Prisoners  may  be  removed  from  the  State  farm  to  any  house  of  correction 
and  returned  to  the  state  farm.     St.  1890,  c.  278. 

Sect.  6.  Vagrants  or  tramps  may  also  be  removed  to  the  State  work- 
house under  this  section.     St.  1885,  c.  35,  §  1. 

Sect.  17.  The  number  of  prisoners  who  may  be  employed  in  certain 
occupations  is  limited.     St.  1883,  c.  217. 

Sects.  17,  18.  These  sections  which  relate  to  the  employment  of  con- 
victs in  the  State  prison  and  the  reformatory  prisons  are  repealed.  St. 
1888,  c.  403,  §  6. 

Sects.  26-30.  Aid  is  provided  for  female  prisoners  whose  cases  are  dis- 
posed of  without  sentence.     St.  1886,  c.  177. 

The  commissioners  may  expend  for  aiding  discharged  female  prisoners 
a  sum  not  exceeding  three  thousand  dollars  annually.     St.  1888,  c.  417. 

Sects.  26  et  seq.  The  commissioners  may  provide  oflices  in  Boston  for 
the  agents  for  aiding  discharg,9d  prisoners.     St.  1887,  c.  336. 

The  commissioners  of  prisoners  may  expend  two  thousand  dollars  more 
for  the  assistance  of  prisoners  discharged  from  the  Massachusetts  reform- 
atory.    St.  1887,  c.  395. 

There  may  be  advanced  to  the  commissioners  of  prisoners  under  St. 
1884,  c.  179,  for  aiding  prisoners  discharged  from  the  Massachusetts  re- 
formatory a  sum  not  exceeding  five  hundred  dollars  at  any  time.  From 
it  prisoners  removed  to  other  institutions  and  discharged  may  also  be 
assisted.     St.  1888,  c.  322. 

Sects.  26,  27.  The  commissioners  of  prisons  may  employ  two  additional 
agents  to  aid  discharged  prisoners.  These  agents  shall  also  obtain  infor- 
mation for  the  commission  in  regard  to  prisoners.     St.  1887,  c.  315. 

Sect.  27,  The  limit  of  the  salary  of  the  agent  for  aiding  discharged 
female  prisoners  is  increased  from  $700  to  $775,  and  is  paid  from  the  State 
treasury  instead  of  from  the  appropriation  for  aiding  discharged  female 
prisoners.     St.  1888,  c.  330. 

Sect.  34.  Tlie  heads  of  police  and  others  making  arrests  are  required 
to  make  monthly  reports.     St.  1882,  c.  226,  §  2. 


754  Public  Statutes. 

Sects.  34,  35.  The  blanks  for  tbe  returns  of  criminal  business  made  by 
clerks  of  courts  and  other  officers,  under  these  sections,  are  furnished  b}^ 
the  commissioners  of  prisons,  who  prescribe  the  form.     St.  1882,  c.  226,  §  1. 

Sect.  36,  prescribing  the  form,  is  repealed.     St.  1882,  c.  226,  §  3. 

Sect.  39.  The  sum  allowed  for  clerical  assistance  of  the  commissioners 
is  increased  from  §700  to  62,500.     St.  1888,  c.  328. 

CHAPTER  220. 
OF   JAILS   AND   HOUSES   OF   CORRECTION. 

Any  authority  or  control  given  by  this  chapter  to  the  county  commis- 
sioners, or  to  the  board  of  directors  of  public  institutions  of  the  cit}'  of 
Boston,  over  matters  connected  with  the  employment  of  prisoners  in  any 
house  of  correction,  is  transferred  to  the  general  superintendent  of  prisons 
and  the  master  of  such  house  of  correction.     St.  1888,  c.  403,  §  8. 

In  every  city  of  over  thirty  thousand  inhabitants  one  police  station  or 
more  must  be  designated  as  stations  for  the  detention  of  women,  and  police 
matrons  must  be  appointed  whose  duties  are  defined.     St.  1887,  c.  234. 

The  provisions  of  St.  1887,  c.  234,  shall  apply  to  cases  where  women  are 
taken  to  or  received  at  a  police  station  for  detention  or  lodging  as  well  as 
to  women  arrested.     St.  1888,  c.  181. 

Sect.  2.  The  sheriff  may  remove  prisoners  at  his  discretion  between 
jails  and  houses  of  correction.     St.  1882,  c.  241,  §  2. 

Sect.  36.  The  requirement  of  whitewashing  is  struck  out.  St.  1886, 
c.  226. 

Sect.  40.  The  number  of  prisoners  who  may  be  employed  in  certain 
trades  is  limited.     St.  1883,  c.  217. 

Contract  labor  in  the  prisons  is  forbidden.  Labor  in  them  is  regulated. 
A  general  superintendent  of  prisons  is  to  be  appointed  who  shall  have 
general  charge  of  the  labor  in  prisons.     St.  1887,  c.  447. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

The  master  must  establish  and  maintain  the  industries  fixed  upon  under 
St.  1887,  c.  447.     St.  1888,  c.  403,  §  1. 

The  number  of  persons  who  may  be  emploved  is  regulated.  St.  1888, 
c.  403,  §  2. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  provided  for.     St.  1888,  c.  403,  §  3. 

Suits  with  reference  to  contracts  under  the  acts  relating  to  the  employ- 
ment of  prisoners  may  be  referred  to  arbitrators  appointed  by  the  county 
commissioners.     St.  1888,  c.  403,  §  4. 

No  provision  for  the  employment  of  prisoners  upon  the  piece-price  plan 
shall  be  made  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

Sect.  49.     Clerical  errors  corrected.     St.  1882,  c.  6,  §  4. 

Sect.  50.  Escapes  from  officers  who  have  taken  prisoners  to  perform 
labor  on  any  public  land  are  made  escapes  from  prison  and  punished. 
St.  1882,  c.  198. 

Sects.  G6,  68.  All  the  provisions  as  to  persons  released  under  section 
68  are  applied  to  section  66.     St.  1884,  c.  152,  §  4. 


Table  of  Changes.  755 

Sect.  68.  An}'  violatiou  of  permits  to  be  at  liberty  issued  to  a  prisoner 
of  itself  renders  them  void,  and  an  order  of  arrest  and  recommitment  may 
issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be  taken  to 
be  any  part  of  the  term  of  his  sentence.     St.  1884,  c.  152,  §§  1,  2. 

CHAPTER   221. 
OF  THE   STATE   PRISON  AND   REFORMATORY  PRISON  FOR  WOMEN. 

Contract  labor  is  forbidden.  Labor  is  regulated.  A  general  superin- 
tendent of  prisons  is  to  be  appointed  who  shall  have  charge  of  the  labor. 
St.  1887,  c.  447. 

The  warden  of  the  state  prison  and  the  superintendent  of  the  reforma- 
tories must  establish  and  maintain  the  industries  fixed  upon  under  St.  1887, 
c.  447.     St.  1888,  c.  40.3,  §  1. 

The  superintendent  of  the  Massachusetts  reformatory  and  the  general 
superintendent  of  prisons  are  charged  with  the  dut}'  of  establishing  indus- 
tries, instead  of  the  commissioners.     St.  1888,  c.  403,  §  7. 

Contracts  for  the  manufacture  of  articles  b}'^  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  c.  22. 

No  provision  shall  be  made  for  the  employment  of  prisoners  upon  the 
piece-price  plan  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  c.  403,  §  5. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  regulated.     St.  1888,  c.  403,  §  3. 

The  number  of  persons  who  may  be  employed  is  regulated.  St.  1888, 
c.  403,  §  2. 

A  reformatory  for  men  is  established.     St.  1884,  cc  255,  331. 

Sentences  to  the  reformatory  are  not  to  be  for  any  fixed  time.  In  certain 
stated  cases  the  convict  ma}'^  be  detained  two  years,  and  in  all  others  five 
years.     St.  1886,  c.  323. 

No  person  shall  be  sentenced  to  the  Massachusetts  reformatory  who  is 
above  forty  years  of  age  or  who  has  been  previously  sentenced  more  than 
three  times  to  fine  or  imprisonment.     St.  1888,  c.  49. 

The  prison  commissioners  may  remove  any  person  held  under  sentence  at 
the  State  workhouse  to  the  Massachusetts  reformatory.  The  provisions  of 
St.  1884,  cil255,  apply  to  such  removal.     St.  1885,  c.  35,  §  2. 

The  commissioners  of  prisons  may  remove  prisoners  from  the  Massa- 
chusetts reformatory  to  the  State  farm  for  the  remainder  of  their  sentences, 
and  the  board  of  lunacy  and  charity  then  have  the  same  authority  over  tliem 
that  the  commissioners  would  have  had.     St.  1887,  c.  292. 

Trial  justices  may  sentence  to  the  reformatory  prison.     St.  1885,  c.  356. 

Persons  convicted  of  drunkenness  and  vagranc}'^  under  c.  207,  §§  27,  29, 
42,  may  be  sent  to  the  reformatory  prison.     St.  1885,  c.  365. 

The  illicit  conveyance  of  articles  to  or  from  the  Massachusetts  reforma- 
tory is  prohibited.     St.  1887,  c.  339. 

Prisoners  may  be  removed  from  the  State  prison  to  the  State  farm  and 
returned  to  the  State  prison.     St.  1890,  c.  180. 

Sect.  1.  The  State  prison  is  removed  from  Concord  to  Boston.  St.  1884, 
c.  255,  §  1. 

Sects.  6,  7  are  repealed.     St.  1882,  c.  203,  §  4. 


756  Public  Statutes. 

The  list  of  officers  of  the  Massachusetts  reformatory  is  revised,  and 
their  salaries  are  established.     St.  1889,  c.  408. 

The  list  of  officers  of  the  State  prison  is  revised,  and  their  salaries  are 
established.     St.  1889,  c.  412. 

Where  there  is  a  disagreement  between  the  warden  and  commissioners  as 
to  the  removal  of  an  officer  the  warden  may  appeal  to  the  governor  and 
council.     St.  1887,  c.  355. 

A  subordinate  who  is  unfaithful  or  incompetent  or  who  uses  intoxicating 
liquor  as  a  beverage  will  be  removed.     St.  1890,  c.  267. 

The  person  now  designated  as  instructor  of  the  reformatory  shall  be 
named  the  chaplain.     St.  1890,  c.  255. 

Sect,  27.  The  clause  forbidding  the  employment  of  a  convict  in  print- 
ing is  repealed,     St,  1888,  c.  189. 

Sect.  30.  Instead  of  instruction  in  reading  and  writing  for  one  hour, 
schools  may  be  maintained  for  the  prisoners.     St.  1886,  c.  197. 

Sect.  43.  A  burial  place  for  the  reformatory  prison  at  Sherborn  may 
be  purchased.     St.  1882,  c.  213. 

Prisoners  may  be  employed  on  land  appurtenant  to  the  prison.  Escapes 
or  attempts  to  escape  from  the  prison,  or  the  land  adjacent  to  the  prison, 
are  punished,  and  the  first  district  court  of  Southern  Middlesex  is  given 
concurrent  jurisdiction  of  such  offence.     St.  1885,  c.  94. 

Female  convicts  in  the  United  States  courts  are  confined  at  the  reforma- 
tory prison  for  women.     St.  1887,  c.  426. 

Sects.  43-53.  The  duties  of  schoolmistress  at  the  reformatory  prison 
for  women  are  transferred  to  the  chaplain  and  the  office  is  abolished.  St. 
1884,  c.  43,  §§  1,  2. 

Sects.  43  et  seq.  The  commissioners  of  prisons  shall  have  the  same 
right  to  release  from  or  return  to  a  jail,  house  of  correction  or  the  Boston 
house  of  industry  a  prisoner  transferred  thereto  from  the  reformatory 
prison  for  women  which  they  would  have  had  if  she  had  not  been  so  trans- 
ferred.    St.  1888,  c.  192. 

Sect.  44.  The  office  of  treasurer  and  steward  at  the  reformator}'  prison 
is  abolished  and  the  duties  transferred  to  the  superintendent.  He  may 
appoint  a  steward.     St.  1883,  c.  2G7. 

Sect.  45.  Incase  of  the  absence  or  inability  of  the  superintendent,  or 
of  a  vacancy,  the  deputy  superintendent  acts.  A  superintendent  pro 
tempore  may  be  appointed.     St.  1883,  c.  267. 

Sect.  47.  The  salary  of  the  deputy  superintendent  of  the  reformatory 
prison  for  women,  now  $600,  is  to  be  fixed  by  the  commissioners  of  prisons, 
but  it  shall  not  exceed  -SSOO.     St.  1884,  c.  43,  §  2. 

The  salary  of  the  superintendent  is  raised  from  $1,500  to  82,000,  and 
of  the  clerk  from  $500  to  S800.'    St.  1887,  c.  341. 

The  salaries  of  matrons,  deputy  matrons  and  assistant  matrons  are  sev- 
erally increased  $.50.     St.  1888,  c.  327. 

Sect.  52.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
shall  of  itself  make  void  said  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be 
taken  to  be  any  part  of  the  time  of  his  sentence.     St.  1884,  c.  152,  §§  1,  2. 

The  time  when  a  permit  to  be  at  liberty  under  St.  1884,  c.  255,  §  33, 
voted  by  the  commissioners  of  prisons,  shall  issue  to  a  prisoner  held  in  the 


Table  of  Changes.  757 

Massachusetts  reformatory  niay  be  decided  by  a  committee  or  by  their 
secretary.     St.  1888,  c.  317. 

Bills  for  the  maintenance  of  said  institutions  and  for  the  pay  rolls  of 
offieei's  and  employees  must  also  be  approved  by  a  majorit}'  of  the  commis- 
sioners.    St.  1.S89,  c.  2i:)4. 

Sects.  54,  55.  The  commissioners  of  prisons  are  not  required  to  ap- 
prove bills  with  reference  to  the  labor  of  prisoners,  nor  they  nor  the  gov- 
ernor and  council  to  approve  contracts  with  reference  to  such  labor.  St. 
1888,  c.  403,  §  7. 

Sects.  54-58,  60.  The  provisions  as  to  the  treasurer  and  steward  now 
apply  to  the  superintendent.     St.  1883,  c.  267. 

CHAPTER  222. 

SPECIAL    PROVISIONS    CONCERNING    PENAL    AND    OTHER    PUBLIC 

INSTITUTIONS. 

Sect.  10.  Any  prisoner  confined  in  the  Massachusetts  reformatory  who 
becomes  iusane  may  be  removed  to  one  of  the  State  lunatic  hospitals,  and 
on  his  recovery  recommitted  to  the  reformatory.     St.  1885,  c.  320. 

Sect.  17.  Where  a  poor  convict  has  been  confined  three  months  for 
noa-pa3nnent  of  fine  or  costs,  if  there  is  no  police  or  district  court  in  the 
county,  the  jailer  shall  make  a  report  thereof  to  a  trial  justice,  who  shall 
have  authoritv  to  hear  the  matter  and  discharge  such  convict.  St.  1882, 
c.  201. 

Sect.  20.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  pris- 
oner shall  of  itself  make  void  such  permit,  and  an  order  of  arrest  and 
recommitment  may  issue.  The  .time  during  which  he  has  been  at  libert}^ 
shall  not  be  taken  to  be  any  part  of  the  time  of  his  sentence.  St.  1884, 
c.  152,  §  2. 

This  section,  providing  for  records  of  conduct  and  deductions  from  sen- 
tences, does  not  apply  to  persons  hereafter  sentenced  to  the  reformatory. 
St.  1886,  c.  323,  §  7. 

Sect.  21.  Recommitments  are  hereafter  made  by  the  board  granting  the 
permit,  but  warrants  already  issued  may  be  served  and  the  proceedings 
under  them  be  completed  according  to  the  existing  law.  If  the  person  is 
in  prison,  the  order  of  remand  takes  effect  from  the  expiration  of  his  pend- 
ing sentence.     St.  1884,  c.  152,  §  3. 


758  Public  Statutes. 


STATUTES  OF   THE   COMMONWEALTH. 

[The  changes  are  more  fully  stated  under  the  appropriate  chapter  of  the  Public  Statutes.] 


Statutes,  1882. 

CHAPTER    28. 

AN  ACT  CONCERNING  THE  CORRECTION  OF  ERRORS  IN  COPIES 
OF  RECORDS  OF  VOTES  AND  THE  PUBLICITY  OF  ELECTION 
RETURNS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER   29. 

AN  ACT  TO  AMEND  SECTION  EIGHTEEN  OF  CHAPTER  FIVE  OF 
THE  PUBLIC  STATUTES  RELATIVE  TO  CLERICAL  ASSISTANCE 
IN   THE   STATE   LIBRARY. 

Repealed.  "  St.  1886,  c.  66.     P.  S.,  c.  5. 

CHAPTER  36. 

AN  ACT  RELATIVE  TO  NOTICES  IN  CASES  OF  INJURIES  RECEIVED 

ON  HIGHWAYS. 

Amended.     St.  1888,  c.  114.     P.  S.,  c.  52. 

•CHAPTER   63. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  CLERK  OF  THE* 
POLICE  COURT  OF  LOWELL. 

Superseded.     St.  1886,  c.  307.     P.  S.,  c.  154. 

CHAPTER   65. 

AN   ACT   FOR  THE  PROTECTION   OF   STRIPED  BASS  AND  BLUE  FISH 
IN  THE   WATERS   OF   EDGARTOWN. 

Repealed.     St.  1885,  c.  247.     P.  S.,  c.  91. 

CHAPTER    74. 

AN   ACT  RELATIVE    TO   THE   PRESERVATION   OF   CHECK   LISTS   IN 

CITIES. 

Repealed.     St.  1884,  c.  299,  §  44.     P.  S.,  c.  7. 


Table  of  Changes.  759 

1883  —  Continued. 

CHAPTER    77. 

AX  ACT  TO  PROVIDE  FOR  THE  CUSTODY  OF  BOOKS  AND  PAPERS 
OF  INSOLVENT  SAVINGS  BANKS. 

Amended.     St.  1884,  c.  72.     P.  S.,  c.  116. 

CHAPTER   97. 

AN  ACT   TO   PROVIDE   FOR   THE   INSTRUCTION  AND   EXERCISE   OF 
A  PORTION   OF  THE   VOLUNTEER  MILITIA. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER    102. 
AN  ACT  CONCERNING  FISHERIES,  Etc. 
Amended.     St.  1884,  c.  245.     P.  S.,  c.  91. 

CHAPTER    106. 

AN  ACT  IN   RELATION  TO   THE   TAXATION    OF   FOREIGN   MINING, 
AND   QUARRYING  AND   OIL   COMPANIES. 

Amended.     St.   1883,  c.  74.     Affected.     Sts.   1884,  c.  330,  §  3  ;  1886, 
c.  230.     P.  S.,  c.  13. 

CHAPTER    108. 

AN  ACT  TO  AUTHORIZE  COUNTY  COMMISSIONERS  TO  CONTROL 
TRAVEL  OVER  BRIDGES  CONSTRUCTED  OR  MAINTAINED  IN 
WHOLE   OR   IX  PART   BY   A   COUNTY. 

Section  1,  amended.     St.  1888,  c.  313.     P.  S.,  c.  53. 

CHAPTER    111. 

AN  ACT  AUTHORIZING  THE  TREASURER  AND  RECEIVER-GENERAL 
TO  E:\IPL0Y   additional   CLERICAL   ASSISTANCE. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 

CHAPTER    127. 
AN   ACT   RELATING   TO  JUVENILE   OFFENDERS. 

Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  89. 

CHAPTER    129. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  MIDDLESEX. 

Superseded.     St.  1886,  c.  184.     P.  S.,  c.  158. 


760  Public  Statutes. 


1882  —  Continued. 

CHAPTER    135. 

AN'^ACT  PROVIDING  FOR  APPEALS    FROM   THE   COUNTY   COMMIS- 
'SIONERS    TO    THE    BOARD    OF    RAILROAD    COMMISSIONERS    IN 
CERTAIN   CASES. 

Shall  not  apply  to  the  provisions  of  St.  1890,  c.  428,     P.  S.,  c.  112. 

CHAPTER    139. 
AN  ACT  TO  PERMIT  WOMEN  TO  PRACTICE  AS  ATTORNEYS-AT-LAW. 
Extended.     St.  1883,  c.  252.     P.  S.,  c.  18. 

CHAPTER   148. 

AN  ACT  TO   ESTABLISH   THE   SALARIES   OF  THE   CLERKS   OF    THE 
BOARD   OF   COMMISSIONERS   OF   SAYINGS   BANKS. 

Amended.     St.  1889,  c.  77.     P.  S.,  116. 

CHAPTER    154. 

AN  ACT   AUTHORIZING  TOWNS   AND   CITIES   TO   LAY'  OUT  PUBLIC 
PARKS  WITHIN   THEIR  LIMITS. 

Section  1,  amended.     St.  1890,  e.  240.     P.  S.,  c.  49. 

CHAPTER    157. 

AN  ACT   TO   PROVIDE   FOR  THE   APPOINTMENT  OF  AN  ASSISTANT 
DISTRICT-ATTORNEY  FOR  THE   EASTERN  DISTRICT. 

Affected.     St.  1888,  c.  289.     P.  S.,  c.  17. 

CHAPTER    158. 
AN  ACT  RELATING  TO  THE  DISTRIBUTION  OF  PUBLIC  DOCUMENTS. 
Superseded.     St.  1889,  c.  440,  §  10.     P.  S.,  c  4. 

CHAPTER   163. 
AN  ACT  FOR   THE    PROTECTION   OF  FORESTS   AGAINST   FIRES. 
Affected.     St.  1886,  c.  296,  §  3.     P.  S.,  c.  35. 

CHAPTER    165. 

AN  ACT  RELATING  TO  THE  ASSESSMENT  OF  TAXES  ON  THE  PER- 
SONAL ESTATE  OF  INSOLVENTS,  JOINT  OWNERS  AND  TENANTS 
IN  COMMON. 

Amended.     St.  1887,  c.  125.     P.  S.,  c.  11. 


Table  or  Changes.  761 

18S2  — Continued. 

CHAPTEE    1G6. 
AN  ACT  RELATIVE   TO   FISHING  IN   THE   MERRIMAC   RIVER. 
Section  1,  amended.     St.  1884,  c.  317.     P.  S.,  c.  91. 

CHAPTER    176. 

AX   ACT    PROVIDING    FOR  A   CLERK   FOR  THE    POLICE    COURT  OF 

CHELSEA. 

In  part  repealed.     St.  1884,  c.  197.     P.  S.,  c.  154. 

CHAPTER    178. 
AN  ACT   RELATING   TO   THE   COMPENSATION   OF   THE   MILITIA. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER    179. 

AN  ACT  RELATIVE   TO   PARADING  WITH   ARMS   BY  ASSOCIATIONS 
COMPOSED   OF   SOLDIERS. 

Superseded.     St.  1887,  c.  411.     P.  8.,  c.  14. 

CHAPTER   181. 

AN  ACT  RELATING   TO   INDIGENT   AND   NEGLECTED   CHILDREN. 

Section  3,  amended.     Sts.  1886,  c.  330  ;  1888,  c.  248.     Sections  1,  2,  3, 
amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  48. 

CHAPTER    195. 

AN  ACT  ENLARGING  THE  POWERS  AND  DUTIES  OF  ASSOCIATIONS 
FOR   CHARITABLE  AND   OTHER  PURPOSES. 

Section  1,  repealed.     St.  1888,  c.  429,  §  21.     P.  S.,  c.  119. 

CHAPTER    196. 
AN  ACT   CONCERNING  THE   STATE   LIBRARY. 
Repealed.     St.  1888,  c.  24.     P.  S.,  c.  5. 

CHAPTER    200. 

AN   ACT  TO  EXTEND   THE   TIME  WITHIN  WHICH  SAVINGS  BANKS 
MAY   SELL   CERTAIN   REAL  ESTATE. 

Section  1,  affected.     St.  1886,  c.  77.     P.  S.,  c.  116. 


762  Public  Statutes. 


1883  —  Continued. 

CHAPTER   203. 

AX  ACT  IN   RELATION  TO  THE   OFFICERS  OF  THE   STATE   PRISON 

AT   CONCORD. 

Repealed.     St.  1888,  c.  261,  §  3.     P.  S.,  c.  221. 


CHAPTER   205. 

AN   ACT   CONCERNING  THE   SALARIES   OF   THE   JUSTICES  OF  THE 

SUPERIOR   COURT. 

Repealed.     St.  1888,  c.  274,  §  3.     P.  S.,  c.  152. 

CHAPTER   212. 

AN  ACT  TO  ESTABLISH  AN  AGRICULTURAL  EXPERIMENT  STATION. 

Reports  provided  for.  St.  1883,  c.  105.  Incorporated.  St.  1887,  c.  31. 
Section  2,  amended.  St.  1888,  e.  333.  Section  6,  amount  increased.  St. 
1885,0.327.     P.  S.,  c.  20. 

CHAPTER   217. 

AN  ACT  PROVIDING  FOR  RETURNS  OF  PROPERTY  HELD   FOR   LIT- 
ERARY, BENEVOLENT,  CHARITABLE   OR   SCIENTIFIC   PURPOSES. 

Section  1,  amended.  St.  1888,  c.  323.  Affected.  St.  1887,  c.  32. 
P.  S.,  c.  11. 

CHAPTER   22i. 

AN  ACT  TO  LIMIT  THE  INVESTMENTS  OF  SAVINGS  BANKS  AND 
INSTITUTIONS  FOR  SAVINGS  IN  THE  STOCK  OF  BANKS  AND 
BANKING   ASSOCIATIONS. 

Repealed.     St.  1890,  c.  168.     P.  S.,  c.  116. 

CHAPTER   227. 
AN  ACT   TO  ESTABLISH  THE  DISTRICT   COURT   OF  HAMPSHIRE. 
Section  3,  amended.     St.  1889,  c.  122.     P.  S.,  c.  154. 

CHAPTER   231. 

AN  ACT   TO   ALLOW   SAVINGS   BANKS   AND   INSTITUTIONS   FOR 
SAVINGS   TO   MAKE   ADDITIONAL   INVESTMENTS. 

Repealed.     St.  1887,  c.  423.     P.  S.,  c.  116. 


Table  of  Changes.  763 


1882  —  Continued. 

CHAPTER   232. 

AN  ACT  RELATING  TO  THE  OFFICERS  IN  ATTENDANCE  UPON  THE 
SUPREME  JUDICIAL   COURT  IN  THE   COUNTY   OF   SUFFOLK. 

Section  1 ,  amended.     Sts.  1886,  c.  37,  §  2  ;   1890,  c.  294.     P.  S.,  c.  159. 

CHAPTER   233. 

AN  ACT  TO  ESTABLISH  THE  THIRD  AND  FOURTH  DISTRICT  COURTS 
OF  EASTERN  MIDDLESEX  AND  THE  POLICE  COURTS  OF  ]\IARL- 
BOROUGH  AND  BROOKLINE. 

Amended.     St.  1886,  cc.  165,  166.     Section  6,  in  part  superseded.     St. 
1889,  c.  19.     P.  S.,  154. 

CHAPTER   237. 

an  act  relating  to  the  settlement  of  titles  to  real 

estate; 

Extended.    St.  1885,  c.  283.    Amended.     St.  1890,  c.  427,  §  1.     P.  S., 
c.  176. 

CHAPTER   243. 

AN  ACT   CONCERNING   THE   REDEMPTION   OF   ESTATES   SOLD  FOR 
TAXES  AND   OTHER  ASSESSMENTS. 

Repealed.     St.  1888,  e.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER    244. 

AN  ACT  TO  AUTHORIZE  THE  FORMATION  OF  RELIEF  SOCIETIES 
BY  THE  EMPLOYEES  OF  RAILROAD  AND  STEAMBOAT  COR- 
PORATIONS. 

Affected.     St.  1886,  c.  125.     Extended.    St.  1890,  c.  181.    P.  S.,  c.  115. 

CHAPTER    245. 

AN  ACT  RfIaTING  TO  THE  SALARIES  OF  CERTAIN  JUSTICES  AND 

COURT   OFFICERS. 

Section  1,   superseded  in  part.     Sts.  1886,  cc.  15,  37,  130,  166;  1888, 
c.  195  ;  1889,  cc.  97,  158,  174,  218,  277,  289.     P.  S.,  cc.  154,  159. 

CHAPTER   247. 

AN  ACT  RELATING   TO   THE    CORRECTION   OF    NAMES    UPON  TAX 

BILLS,  Etc. 


Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 


764  Public  Statutes. 


1883  —  Concluded. 

CHAPTER   250. 

AN  ACT   RELATING  TO   THE   INSPECTION   AND   SALE   OF   CERTAIN 

OILS. 

Repealed.     St.  1885,  c.  122.     P.  S.,  c.  102. 

CHAPTER   251. 

AN  ACT  RELATING   TO    CO-OPERATIVE    SAVING   FUND   AND   LOAN 

ASSOCIATIONS. 

Amended.  St.  1885,  c.  121.  In  part  repealed.  St.  1887,  e.  216. 
P.  S.,  c.  117. 

CHAPTER   257. 

AN     ACT     TO     FIX     THE      COMPENSATION     OF     THE     ASSISTANT 

CLERKS,  Etc. 

Superseded  in  part.     St.  1887,  c.  IIG.     P.  S.,  c.  2. 

CHAPTER   260. 

AN  ACT   TO   PREVENT   THE   COUNTING    OF    DETACHED    STICKERS, 
SO   CALLED,  AS   BALLOTS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  e.  7. 

CHAPTER   263. 

AN  ACT  RELATING  TO  THE  ADULTERATION  OF  FOOD  AND  DRUGS. 

Amended.  Sts.  1883,  c.  263,  §  1;  1884,  c.  289;  1886,  c.  171. 
Affected.  St.  1885,  e.  352,  §  5.  Section  5,  amended.  St.  1886,  c.  101, 
§  4.     P.  S.,  c.  208. 

CHAPTER   268. 

AN  ACT  TO  PROVIDE  FOR  THE  CORRECTION  OF  OMISSIONS  IN  THE 
REGISTRATION   OF   VOTERS. 

Repealed.     St.  1884,  c.  298,  §  53.     P.  S.,  c.  6. 

CHAPTER    270. 

AN  ACT  FOR  THE  BETTER  PROTECTION  OF  CHILDREN. 

Section  4,  amended.  St.  1884,  c.  210;  1885,  c.  176.  Section  3, 
amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  48. 

CHAPTER    274. 

AN  ACT   CONCERNING   TRANSPORTATION    OF    LOGS    AND    TIMBER 
UPON  THE    CONNECTICUT   RIVER. 

Section  2,  repealed.     St.  1883,  c.  183,  §  3.     P.  S.,  c.  94. 


Table  of  Changes.  765 

Statutes,   1883. 

CHAPTER   33. 
AN  ACT  RELATING  TO  REINSURANCE,  Etc. 
Repealed.     St.  x887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   36. 

AN  ACT   IN   RELATION   TO   THE    TAKING    AND    KILLING    OF    CER- 
TAIN undomesticated  birds. 

Repealed.     St.  1880,  c.  276,  §  11.     P.  S.,  c.  'J2. 

CHAPTER   42. 
AN   ACT  RELATING   TO   THE   RECOUNTING    OF   BALLOTS. 
Repealed.     St.  1890,  e.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER   52. 

AN  ACT   TO   EXTEND   THE   TIME  WITHIN  WHICH  SAVINGS   BANKS 
MAY   SELL   CERTAIN   REAL   ESTATE. 

Amended.     Sts.  1883,  e.  248  ;  1886,  c.  77.     P.  S.,  c.  116. 

CHAPTER   54. 

AN   ACT   RELATING  TO   THE  SALARY  OF  THE  MESSENGER  OF  THE 
SUPERIOR   COURT   IN   THE   COUNTY   OF   SUFFOLK. 

Superseded.     St.  1886,  c.  37.     P.  S.,  e.  159. 

CHAPTER   55. 

AN    ACT    RELATING    TO    THE    PRINTING    AND    DISTRIBUTION    OF 
THE   LEGISLATIVE   MANUAL. 

Superseded.     St.  1889,  c.  440.     P.  S.,  c.  4. 

CHAPTER   80. 

AN    ACT    PROVIDING    A    CLERK    FOR    THE     DISTRICT     COURT     OF 

HAMPSHIRE. 

Section  2,  superseded.     St.  1886,  c.  106.     P.  S.,  e.  154. 

CHAPTER    101. 

AN  ACT  RELATING  TO  THE  TIME  WITHIN  WHICH  A  CITY  OR 
TOWN  SHALL  SELL  REAL  ESTATE  HELD  UNDER  A  SALE  OR 
TAKEN   FOR  NON-PAYMENT   OF   TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 


766  Public  Statutes. 

1883  —  Continued. 

CHAPTER    107. 

AN   ACT  IN  RELATION   TO   DEPOSITS  MADE    BY    FOREIGN    INSUR- 
ANCE COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER    110. 
AN  ACT  RELATIVE   TO   THE   TRIAL   OF  JUVENILE   OFFENDERS. 
Amended.     St.  188G,  c.  101,  §  4.     P.  S.,  c.  89. 

CHAPTER    117. 
AN   ACT  TO   PROMOTE   SAFETY   AT  RAILROAD    GRADE   CROSSINGS. 
Amended.     St.  1888,  c.  240.     P.  S.,  c.  112. 

CHAPTER    124. 

AN  ACT  RELATING  TO  THE  REMOVAL  AND  TRANSPORTATION  OF 
CERTAIN  BODIES  FOR  BURIAL. 

Section  2,  amended.     St.  1887,  e.  335.     P.  S.,  c,  32. 

CHAPTER   126. 

AN  ACT  TO  CHANGE  THE  BASIS  UPON  WHICH  THE  INSURANCE 
COMMISSIONER  SHALL  COMPUTE  THE  AMOUNT  NECESSARY 
TO  REINSURE,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  138. 

AN  ACT  RELATIVE  TO  NOTICES  FROM  LOCAL  BOARDS  OF  HEALTH 
IN  CASES  OF  SMALL-POX. 

Amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  80. 

CHAPTER  148. 

AN  ACT  TO  PROVIDE  FOR  THE  SUPPORT  OF  THE  CRIMINAL  INSANE 
BY  THE  COMIMONWEALTH. 

Sections  2,  3,  amended.     St.  1889,  c.  90.     P.  S.,  c.  87. 

CHAPTER  157. 

AN  ACT  RELATING  TO  THE  EMPLOYMENT  OF  MINORS  AND  WOMEN. 

Limited.     St.  1884,  c.  275,  §  4.     Affected.     St.   1887,  c.  280.     P.  S., 
cc.  48,  74. 


Table  of  Changes.  767 


1883  —  Continued. 

CHAPTER  ii>8. 

AN  ACT  IN   RELATION    TO    THE   RETURNS   OF    BIRTHS    BY   PHYSI- 
CIANS AND  MIDWIVES. 

Ameuded.     St.  1889,  c.  288.     P.  S.,  c.  32. 

CHAPTER  164. 

AN   ACT   AUTHORIZING    THE    TREASURER   TO   EMPLOY   AN   ADDI- 
TIONAL CLERK. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 

CHAPTER  187. 

AN   ACT    IN    RELATION    TO    BOARDING    HOUSES    AND    BOARDING- 
HOUSE  KEEPERS. 

Affected.     St.  1884,  c.  16'J.     P.  S.,  c.  102. 

CHAPTER  202. 

AN  ACT  TO  LBHT  THE  INVESTMENTS  OF  SAVINGS  BANKS  AND 
INSTITUTIONS  FOR  SAVINGS  IN  THE  STOCK  OF  BANKS  AND 
BANKING  ASSOCIATIONS. 

Repealed.     St.  1890,  c.  168.     P.  S.,  c.  116. 

CHAPTER  216. 

AN    ACT    IN    RELATION    TO    THE    COMPENSATION    OF    ASSESSORS, 
MASTERS  IN  CHANCERY  AND  SPECIAL  I^IASTERS. 

Amended.     Sts.  1886,  c.  51  ;  1887,  c.  289.     P.  S.,  c.  159. 

CHAPTER  217. 

AN  ACT  RELATING  TO  THE  EMPLOYMENT  OF  PRISONERS. 

Superseded.     St.  1887,  c.  447,  §  8.     Affected.     St.   1888,  c.  403,  §  2. 
P.  S.,  cc.  220,  221. 

CHAPTER  218. 

AN  ACT  TO  REGULATE  THE  SALE  OF  COAL  BY  MEASURE. 

Amended.     St.  1884,  c.  70.     P.  S.,  c.  60. 

CHAPTER  223. 

AN  ACT  GRANTING  JURISDICTION   IN   EQUITY   TO   THE   SUPERIOR 

COURT. 

Section  5,  amended.     St.  1884,  c.  316.     P.  S.,  c.  151. 


768  Public  Statutes. 


1883  —  Continued. 

CHAPTER  224. 

AN  ACT  RELATING  TO  THE  EMPLOYMENT  OF  CHILDREN    IN    MAN- 
UFACTURING AND  OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48. 

CHAPTER  229. 

AN    ACT    AUTHORIZING     MODERATORS     AND     TOWN     CLERKS    TO 
APPOINT   TELLERS   IN   TOWN   ^MEETINGS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  230. 
AN  ACT  CONCERNING  DRESSED  POULTRY. 
Repealed.     St.  1887,  c.  94.     P.  S.,  c.  58. 

CHAPTER  232. 
AN  ACT  RELATING  TO  INDIGENT  AND  NEGLECTED  CHILDREN. 
Section  3,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  84. 

CHAPTER  235. 

AN     ACT     CONCERNING    THE     ADMINISTRATION     OF    THE     STATE 
DEPARTMENT  OF  INSURANCE. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  239. 

AN  ACT  CONCERNING  THE  MASSACHUSETTS  SCHOOL  FOR  IDIOTIC 
AND  FEEBLE-MINDED  YOUTH. 

In  part  repealed.     St.  1886,  c.  298.     Section   6,  amended.     St.   1886, 
c.  101,  §  4.     P.  S.,  c.  87. 

CHAPTER  244. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  ESSEX. 

Superseded.     St.  1888,  c.  112.     P.  S.,  c.  158. 

CHAPTER  251. 

AN    ACT    TO    SECURE    BETTER     PROVISIONS     FOR    ESCAPE     FROM 
HOTELS  AND  CERTAIN  OTHER  BUILDINGS  IN  CASE  OF  FIRE. 

Affected.     Sts.  1884,  c.   223  ;  1888,  c.   86.     Section  2,  repealed.     St. 
1888,  c.  426,  §  14.     P.  S.,  c.  104. 


Table  of  Changes.  769 


1883  —  Conduded. 

CHAPTER  252. 

AN  ACT  TO  AUTHORIZE  THE  GOVERNOR  TO  APPOINT  WOMEN  WHO 
ARE  ATTORNEYS-AT-LAW  SPECIAL  COMMISSIONERS,  Etc. 

Extended.     St.  1889,  c.  197.     P.  S.,  c.  18. 

CHAPTER  258. 

AN  ACT  PROVIDING  FOR  THE  DISPOSITION  OF  UNCLAIMED  MONEY 
IN  THE  HANDS  OF  CERTAIN  INSOLVENT  CORPORATIONS. 

In  part  repealed.     Sts.  188G,  c.  300;   1887,  c.   214,   §   112.     P.  S.,  cc. 
116,  119. 

CHAPTER  2G2. 

AN   ACT    GIVING   TO   A   WIFE    THE    RIGHT    OF    INTERMENT    IN   A 
BURIAL  LOT  OR  TOMB  OWNED  BY  HER  HUSBAND. 

Not  affected  by  St.  1885,  c.  302.     P.  S.,  c.  82. 

CHAPTER  263. 

AN  ACT  TO  AMEND  AN  ACT  RELATING  TO  THE  ADULTERATION  OF 

FOOD  AND  DRUGS. 

Repealed.     St.  1884,  c.  289,  §  6.     P.  S.  c.  208. 


Statutes,  1884. 

CHAPTER  4. 

AN  ACT  RELATIVE  TO  THE  EMPLOYMENT  OF  A  SECOND  CLERK  IN 
THE  BUREAU  OF  STATISTICS  OF  LABOR. 

Superseded.     St.  1888,  c.  115.     P.  S.,  c.  31. 

CHAPTER  15. 

AN  ACT  CONCERNING  THE  E^^IPLOYMENT  OF  CLERKS  AND  OTHER 
ASSISTANCE  IN  THE  OFFICE  OF  THE  SECRETARY  OF  THE  COM- 
MONWEALTH. 

Section  1,  repealed.     St.  1889,  c.  101.     P.  S.,  c.  15. 

CHAPTER  34. 

AN  ACT  TO  EXTEND  THE  LIMITATION  OF  TIME  FOR  THE  PAY- 
MENT OF  STATE  AID  TO  INVALID  PENSIONERS  AND  THEIR 
DEPENDENT  RELATIVES. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 


770  Public  Statutes. 


1884  —  Contimied. 

CHAPTER  42. 

AN    ACT   TO   AUTHORIZE   TOWNS   TO   VOTE  MONEY    FOR   CERTAIN 
MEMORIAL  PURPOSES. 

Affected.     St.  1886,  c.  76.     P.  S.,  c.  27. 

CHAPTER  45. 

AN  ACT  TO  PROVIDE   FOR  AN  ALLOWANCE  TO  CERTAIN  OFFICERS 
IN  THE  VOLUNTEER  MILITIA. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER  55. 

AN  ACT  RELATING  TO  THE   PAYMENT  BY  INSURANCE   COMPANIES 
FOR  THE  VALUATION  OF  THEIR  POLICIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  56. 

AN  ACT  TO  LIMIT  THE   LIABILITY  WHICH  MAY  BE   INCURRED   BY 
ANY  ONE  PERSON  TO  SAVINGS  BANKS. 

Repealed.     St.  1884,  c.  168.     P.  S.,  c.  116. 

CHAPTP:R  58. 

AN  ACT  IN   RELATION   TO   STATEMENTS   MADE   BY   FOREIGN  FIRE 
INSURANCE  COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  64. 

AN   ACT    TO    PREVENT    THE    SPREAD    OF    CONTAGIOUS    DISEASES 
THROUGH   THE   PUBLIC   SCHOOLS. 

Amended.     St.  1885,  c.  198.     P.  S.,  c.  47. 

CHAPTER   74. 

AN   ACT   AUTHORIZING  INSURANCE   COMPANIES   TO   ELECT  THEIR 
DIRECTORS   BY   CLASSES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  79. 

AN   ACT  TO   FIX  THE   SALARY  OF   THE   SECRETARY  OF  THE  COM- 
MONWEALTH. 

Superseded.     St.  1888,  e.  385.     P.  S.,  c.  15. 


Table  of  Ciiaxges.  771 

1884  —  Continued. 

CHAPTER  88. 

AN  ACT  REQUIRING  NOTICE  TO  AUTHORITIES  OF  CITIES  AND 
TOWNS  UPON  APPLICATIONS  FOR  COMMITMENT  OR  ADMISSION 
TO  THE  MASSACHUSETTS  SCHOOL  FOR  THE  FEEBLE-MINDED. 

Repealed.     St.  1886,  c.  298.     P.  S.,  c.  87. 

CHAPTER  95. 

AN  ACT  IN  RELATION  TO  THE  SALARY  OF  THE  ENGINEER  OF 
THE  STATE  PRISON  AT  CONCORD. 

Repealed  so  fai-  as  inconsistent  with  St.  1888,  c.  264.     P.  S.,  c.  221. 

CHAPTER  98. 
AN  ACT   CONCERNING   CONTAGIOUS   DISEASES. 
Section  1  is  revised.     St.  1890,  c.  102.     P.  S.,  c.  80. 

CHAPTER  118. 

AN  ACT  RELATING  TO  THE    EXPENSE    OF    RECORDING    PROBATE 
PROCEEDINGS   IN   THE   COUNTY   OF   SUFFOLK. 

Repealed.     St.  1887,  c.  217.     P.  S.,  c.  156. 

CHAPTER  119. 

AN  ACT  IN  RELATION  TO  DEPOSITS   MADE  BY  DOMESTIC   INSUR- 
ANCE COMPANIES,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  120. 
AN  ACT  RELATING  TO   THE   REINSURANCE   OF  RISKS,  Etc. 
Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  125. 
AN   ACT  RELATING  TO   THE   DIVISION  OF   CITIES   INTO   WARDS. 
Repealed.     St.  1888,  c.  437,  §  6.     P.  S.,  c.  28. 

CHAPTER  155. 

AN  ACT  RELATING   TO   THE   ESTABLISHMENT   OF   UNION  COUNTY 

TRUANT   SCHOOLS. 

Superseded.     St.  1890,  c.  309.     P.  S.,  c.  48, 


772  Public  Statutes. 


1884  —  Continued. 

CHAPTER  162. 

AN    ACT    RELATIVE    TO    THE     DISPOSITION    OF    RESIDUES     FROM 
SALES   OF  REAL  ESTATE  FOR  UNPAID   TAXES. 


Eepealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 


CHAPTER  166. 


AN    ACT    RELATING    TO    THE    PRINTING    AND    DISTRIBUTION    OF 
THE  LAWS   AND  PUBLIC   DOCUMENTS. 

Repealed.     St.  1885,  c.  369,  §  4.     P.  S.,  c.  4. 


CHAPTER  168. 

AN   ACT    IN    RELATION    TO    INVESTMENTS    ON    PERSONAL    SECU- 
RITIES  BY   SAVINGS   BANKS. 


Affected.     St.  1886,  c.  69.     P.  S.,  c.  116. 


CHAPTER  171. 


AN    ACT    TO    LIMIT    THE    TIME    WITHIN    WHICH     TROUT,    LAND- 
LOCKED  SALMON   AND  LAKE   TROUT  MAY  BE   TAKEN. 

Amended.     Sts.  1888,  e.  276  ;  1890,  c.  193.     P.  S.,  c.  91. 


CHAPTER   174. 

AN  ACT  TO   PROVIDE  FOR  THE  PUNISHMENT  OF  EMBEZZLEMENT 
BY   OFFICERS  AND   SERVANTS   OF   VOLUNTARY  ASSOCIATIONS. 


Affected.     St.  1886,  c.  328.     P.  S.,  c.  203. 


CHAPTER    177. 


AN  ACT  TO  AUTHORIZE  IVIARINE  INSURANCE  COMPANIES  WITH 
THE  REQUISITE  CAPITAL  TO  INSURE  AGAINST  ..LOSS  OR 
DAMAGE  BY  FIRE   AND  LIGHTNING. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.  c.  119. 


CHAPTER   178. 

AN   ACT  IN   RELATION  TO   FIRE   AND    MARINE    INSURANCE    COM- 
PANIES. 


Repealed.     St.  1887,  c.  214,  §  112.     P.  S.  c.  119. 


Table  or  Changes.  773 

1884  —  Continued. 

CHAPTER   179. 

ANJACT  AUTHORIZINC;  ADVAI^CES  TO  OFFICERS  ENTRUSTED  WITH 
THE  DISBURSEMENT   OF   PUBLIC   MONEYS. 

Affected.     St.  1888,  c.  322.     Sections  3,  4,  are  amended.     St.  1890,  c. 
58.     P.  S.,  c.  16. 

CHAPTER   180. 

AN   ACT    AUTHORIZING    THE    FORMATION    OF    CORPORATIONS    TO 
EXAMINE  AND   GUARANTEE   TITLES   TO   REAL  ESTATE. 

Superseded.     St.  1887,  c.  214,  §§  62,  63.     Extended.     St.  1889,  c.  378. 
P.  S.,  c.  1U6. 

CHAPTER   181. 

AN   ACT  TO  PROVIDE  FOR  TAKING  THE  DECENNIAL  CENSUS  AND 
THE   INDUSTRIAL   STATISTICS   OF   THE   COxMMONWEALTH. 

In  part  repealed.     St.  1886,  c.  174.     Section  9,  repealed.     St.  1888, 
c.  437,  §  6.     P.  S.,  c.  31. 

CHAPTER   190. 

AN   ACT   RELATING   TO   THE   EXAMINATION  OF   CANDIDATES   FOR 

DISTRICT   POLICE. 

Repealed.     St.  1885,  c.  186.     P.  S.,  c.  103. 

CHAPTER    193. 
AN  ACT  CONCERNING  THE  ORDER  OF  TRIALS  IN  CRIMINAL  CASES. 
Affected.     St.  1889,  c.  432.     P.  S.,  c.  214. 

CHAPTI:R   212. 
AN  ACT  FOR  THE  BETTER  PROTECTION   OF  LOBSTERS. 
Affected.     St.  1885,  c.  256.     Amended.     St.  1887,  c.  314.     P.  S.,  c.  91. 

CHAPTER   215.    • 

AN   ACT   TO   ESTABLISH  THE   FIRST   DISTRICT   COURT   OF  NORTH- 
ERN  WORCESTER. 

Section  3,  amended.     St.  1888,  c.  212.     P.  S.,  c.  154. 

CHAPTER   217. 

AN  ACT  TO  FIX  THE  TIME  OF  FILING  THE  ANNUAL  STATEMENTS 
OF  INSURANCE   COMPANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


774  Public  Statutes. 


1884  —  Continued. 

CHAPTER   222. 

AN    ACT    REQUIRING     RAILROAD     COMPANIES     TO     USE     SAFETY 
COUPLERS   ON  FREIGHT   CARS. 

Affected.     St.  1886,  c.  242.     P.  S.,  c.  112. 

CHAPTER   223. 

AN  ACT  RELATING  TO  SAFETY  APPLIANCES  IN  HOTELS  AND  PUB- 
LIC  BUILDINGS. 

-   Section  2,  amended.     St.  1888,  e.  86.     P.  S.,  c.  104. 

CHAPTER   22Q. 
AN  ACT  IN  RELATION   TO   BETTERMENTS,  Etc. 
^  Affected.     St.  1887,  c.  124.     P.  S.,  c.  51. 

CHAPTER   230. 
AN  ACT   CONCERNING   THE  VOLUNTEER  MILITIA. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER   234. 
AN  ACT  CONCERNING  ASYLUMS   FOR  THE   CHRONIC  INSANE. 

Section  3,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  87. 

CHAPTER   235. 

AN    ACT    TO    PREVENT    DISCRIMINATION    BY    LIFE     INSURANCE 
COMPANIES  AGAINST  PERSONS  OF   COLOR. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   236. 

AN    ACT    TO    PROVLDE    FOR    COMPOSITION    WITH    CREDITORS     IN 

INSOLVENCY. 

Amended.     Sts.  1885,  c.  353;  1889,  c.  406.     Affected.     St.  1888,  c. 
405.     Section  9  is  amended.     St.  1890,  c.  387.     P.  S.,  c.  157. 

CHAPTER   242. 

AN  ACT   CONCERNING    SALES    OF  LAND    BY    CITIES    AND    TOWNS 

FOR  TAXES. 


Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 


Table  of  Changes.  775 

1884  —  Continued. 

CHAPTER    247. 
AN  ACT     lOXTENDING  THE   AUTHORITY   TO    SUMMON   WITNESSES. 
Repealed.     St.  1885,  c.  Ul.     P.  S.,  cc.  155,  169. 

CHAPTER   253. 

AN  ACT  RELATIVE  TO  THE  LOCATION  IN  WHICH  A  SAVINGS  BANK 
OR  INSTITUTION  FOR  SAVINGS  MAY  TRANSACT  ITS  PRINCI- 
PAL BUSINESS. 

Amended.     St.  1889,  c.  91.     P.  S.,  c.  116. 

CHAPTER    255. 

AN   ACT   TO   ESTABLISH   A  REFORMATORY  FOR  MALE  PRISONERS. 

Added  to.  Sts.  1884,  c.  331  ;  1885,  c.  35.  Affected.  St.  1888,  c.  49. 
Section  2,  amended.  St.  1886,  c.  101,  §  4,  Sections  33,  34,  affected. 
Sts.  1886,  c.  323  ;  1888,  c.  317.  Sections  19,  22  are  repealed.  St.  1888, 
c.  335,  §  3.  Section  30  in  part  is  repealed.  St.  1888,  c.  337,  §  2.  Sec- 
tions 28,  30,  amended.     St.  1888,  c.  403,  §  7.     P.  S.,  c.  221. 

CHAPTER   275. 

AN   ACT    RELATING   TO   THE    EMPLOYMENT    OF    MINORS   IN  MER- 
CANTILE  ESTABLISHMENTS. 

Section  4,  affected.     St.  1887,  c.  280,  §  1.     P.  S.,  c.  74. 

CHAPTER   282. 
AN  ACT  FOR  THE  PROTECTION  OF  GAME,  Etc. 
Repealed.     St.  1887,  c.  111.     P.  S.,  c.  92. 

CHAPTER   284. 
AN  ACT  RELATING  TO  THE  PLANTING  AND  GROWING  OF  OYSTERS. 
Affected.     St.  1885,  c.  220,  §  1.     P.  S.,  c.  91. 

CHAPTER   289. 
AN  ACT  RELATING  TO  THE   ADULTERATION  OF  FOOD  AND  DRUGS. 

Sections  1,  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  58. 

CHAPTER   296. 

AN  ACT  RELATING  TO  THE   FORMATION  OF   COMPANIES  TO  GUAR- 
ANTEE THE  FIDELITY  OF  PERSONS,  Etc. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


776  Public  Statutes. 


1884  —  CoMinued. 

CHAPTER   297. 

AN  ACT   PROVIDING    FOR   THE   APPOINTMENT   OF    TRUSTEES   FOR 
THE   STATE   ALMSHOUSE  AND   THE   STATE   WORKHOUSE. 

Section  4,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  88. 

CHAPTER   298. 

AN  ACT   TO   ASCERTAIN  BY   PROPER  PROOFS   THE   CITIZENS  WHO 
ARE   ENTITLED   TO   THE   RIGHT   OF   SUFFRAGE. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 

CHAPTER    299. 
AN  ACT  CONCERNING    ELECTIONS   AND   VOTING   THEREIN. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER   304. 

AN  ACT  RELATING  TO  PRACTICE   IN  THE   SUPERIOR   COURT. 

Affected.     St.  1889,  c.  459.     Section  1,  is  amended.     St.  1890,  c.  154, 
P.  S.,  c.  167. 

CHAPTER   307. 

AN  ACT  TO  PREVENT  THE   ADULTERATION   OF  VINEGAR. 

Section  2,  amended.     St.  1885,  c.  150.     P.  S.,  c.  60. 

CHAPTER   310. 

AN  ACT  IN  RELATION  TO   THE   INSPECTION  AND   SALE   OF  MILK 

AND   BUTTER. 

Section  1,   amended.     St.  1886,  c.  317.     P.  S.,  c.  56.     Sections  3,  4, 
amended.     St.  1886,  c.  318.     P.  S.,  c.  57. 

CHAPTER   318. 
AN  ACT  TO   PREVENT  THE   USE   OF  NETS   IN  PONDS. 
Section  3,  not  affected.     St.  1886,  c.  234.     P.  S.,  c.  91. 

CHAPTER   319. 

AN  ACT    PROVIDING    FOR  THE    COMPENSATION  OF    MEMBERS   OF 

THE   LEGISLATURE. 

Superseded.     St.  1886,  c.  352.     P.  S.,  c.  2. 


Table  of  Changes.  777 


1884  —  Concluded. 

CHAPTER   320. 

AN    ACT    TO    IMPROVE    THE     CIVIL    SERVICE    OF    THE    COMMON- 
WEALTH  AND   THE   CITIES   THEREOF. 

Amended.  Sts.  1887,  c.  437;  1888,  c.  41;  1889,  c.  177.  Affected. 
St.  1889,  c.  473.  Extended."  St,  1889,  c.  352.  Section  4,  amended.  St. 
1888,  c.  334.  Section  17,  amended.  St.  1889,  c.  183.  Section  19, 
amended.     St.  1888,  c.  253.     Section  20  amended.     St.  1889,  c.  351. 


CHAPTER   322. 

AN    ACT    TO     ESTABLISH    A  HOMCEOPATIHC    HOSPITAL    FOR    THE 

INSANE. 

Amended.     St.  1890,  c.  358. 

Sections  7,  9,  amended.     St.   188G,  c.  101,  §  4.     P.  S.,  c.  87. 


CHAPTER   330. 

AN  ACT   CONCERNING   FOREIGN   CORPORATIONS  HAVING  A  USUAL 
PLACE  OF  BUSINESS   IN  THIS   COMMONWEALTH. 

Affected.     St.  1886,  c.  230.     Sections  1,  2,  extended.     St.  1889,  c.  393. 
P.  S.,  c.  105. 


Statutes,  1885. 

CHAPTER  5. 
AN  ACT   CONCERNING   ELECTIONS   IN  TOWNS.  - 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  15. 

AN  ACT   PROVIDING    FOR   ADDITIONAL   CLERICAL   ASSISTANCE   IN 
THE   OFFICE   OF   THE   TREASURER. 

Repealed.     St.  1886,  c.  38.     P.  S.,  c.  16. 


CHAPTER  24. 

AN    ACT    RELATIVE    TO    PUBLICATION    AND    PRESENTyVTION    TO 
THE   GENERAL   COURT   OF   CERTAIN  PETITIONS. 


Section  1  is  revised.     St.  1890,  c.  302.     P.  S.,  c.  2. 


778  Public  Statutes. 


1885  —  Continued. 

CHAPTER  52. 

AN   ACT  IN  RELATION   TO   CLERICAL  ASSISTANCE   FOR   THE  COM- 
MISSIONERS  OF  PRISONS. 

Repealed.     St.  1888,  c.  328.     P.  S.,  c.  219. 

CHAPTER  79. 

AN  ACT    TO    ESTABLISH    THE   SALARY   OF   THE    JUSTICE   OF   THE 
MUNICIPAL   COURT   OF   THE   DORCHESTER  DISTRICT. 

Affected.     St.  1886,  c.  124.     P.  S.,  c.  154. 

CHAPTER  108. 

AN  ACT    CONCERNING    THE    CORRECTION   OF  ERRORS   IN    COPIES 
OF  RECORDS   OF    V^OTES. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  131. 
AN  ACT   TO  INCREASE   THE   DISTRICT  POLICE. 
Affected.     St.  1887,  c.  256.     P.  S.,  c.  103. 

CHAPTER  134. 

AN  ACT  AUTHORIZING  THE  SUPERIOR  COURT  TO  HOLD  SES- 
SIONS BY  ADJOURNMENT  AT  BROCKTON  IN  THE  COUNTY 
OF   PLYMOUTH. 

In  part  repealed.     St.  1886,  c.  218.     P.  S.,  c.  152. 

CHAPTER  142. 
AN  ACT   IN  RELATION    TO   POLLING  PLACES  IN   CITIES. 
Repealed.     St.  1890,  c.  423,  §228.     P.  S.,  e.  7. 

CHAPTER  144. 

AN  ACT  RESPECTING  COMPLAINTS  IN  CERTAIN   CRIMINAL  PROSE- 
CUTIONS. 

Repealed.     St.  1886,  c.  53.     P.  S.,  c.  213. 

CHAPTER  147. 
AN   ACT  RELATING  TO   RENT   OF   ARMORIES. 
Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 


Table  of  Changes.  779 


1885  —  Contimied. 

CHAPTER  148. 

AN  ACT  TO  AID   IN  THE  SUPPRESSION   OF  CONTAGIOUS  DISEASES 
AJklONG  DOMESTIC   ANIMALS. 

Repealed.     St.  1887,  c.  252,  §  24.     P.  S.,  e.  90. 

CHAPTER  156. 

AN  ACT    RELATING    TO    TFIE    SUBDIVISION    OF    CITIES    FOR    THE 
PURPOSE   OF   TAKING  THE   DECENNIAL   CENSUS. 

Repealed.     St.  1888,  c.  437,  §  6.     P.  S.,  c.  28. 

CHAPTER  158. 

AN  ACT  TO  FURNISH  THE  STATE  BOARD  OF  HEALTH,  LUNACY 
AND  CHARITY  WITH  AN  OFFICER  OF  THE  DISTRICT  POLICE 
TO   COLLECT   CERTAIN  INFORMATION   FOR   THE  BOARD. 

Amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  80. 

CHAPTER  165. 

AN  ACT  TO  ESTABLISH  THE   SALARY  OF  THE  JUDGE   OF  PROBATE 
AND   INSOLVENCY   FOR  THE   COUNTY  OF  BRISTOL. 

Superseded.     St.  1889,  c.  211.     P.  S.,  e.  158. 


CHAPTER  168. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  DISTRICT  ATTORNEY 
FOR   THE  MIDDLE  DISTRICT. 

Superseded.     St.  1889,  c.  250.     P.  S.,  c.  17. 


CHAPTER  173. 

AN  ACT  EXTENDING  THE  STATE  AID  LAWS  TO  THE  THREE 
MONTHS'  TROOPS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND 
SIXTY-ONE. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c  30. 


CHAPTER  183. 

AN  ACT  RELATING  TO  LIFE  AND  CASUALTY  INSURANCE   ON  THE 

ASSESSMENT  PLAN. 

Superseded.     St.  1890,  c.  421.     P.  S.,  c.  119. 


780  Public  Statutes. 


1885  —  Continued. 

CHAPTER  193. 
AX  ACT   TO  PREVENT   THE   TAKING   OF   BLUE   FISH,   Etc. 
Repealed.     St.  1887,  c.  120.     P.  S.,  c.  91. 

CHAPTER  194. 

AN  ACT   TO   PROMOTE   THE  ABOLITION   OF  GRADE   CROSSINGS   BY 
RAILROADS   AND   HIGHWAYS. 

Section  4,  amended.     St.  1887,  c.  29.5.     Shall  not  apply  to  the  provis- 
ions of  St.  1890,  c.  428.     P.  S.,  c.  112. 

CHAPTER  204. 
AN   ACT   IN  RELATION   TO   THE   PAYMENT   OF   STATE  AID,  Etc. 
Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER  205. 

AN  ACT  RELATING  TO  CLERICAL  ASSISTANCE  IN  THE  OFFICE 
OF  THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE 
COUNTY  OF  SUFFOLK. 

Section  1  is  amended.     St.  1888,  c.  280.     P.  S.,  c.  158. 

CHAPTER  214. 

AN  ACT  TO  INCREASE  THE  SALARY  OF  THE  THIRD  COMMISSIONER 

OF   STATE   AID. 


Repealed.     St.  1889,  c.  279,  §  11.     P.  S.,  c.  30. 


CHAPTER  216. 

AN  ACT  PROHIBITING  THE  SALE  OR  DELIVERY  OF  INTOXICATING 
LIQUORS   ON  ELECTION  DAYS. 

Limited.    St.  1889,  c.  186.    Extended.    St.  1889,  c.  361.    P.  S.,  c.  100. 


CHAPTER  220. 

AN   ACT   IN  RELATION  TO   LICENSES  TO    PLANT,   GROW  AND  DIG 
OYSTERS,   AND   TO   THE   TAKING   OF   SCALLOPS. 

Section  3,  repealed.     St.  1888,  c.   223,  §  .5.     Section  4,  repealed.     St. 
1887,  c.  96.     P.  S.,  c.  91. 


Table  of  Changes.  781 


1885  —  Continued. 

CHAPTER  222. 

AN    ACT     RELATING    TO     THE     EMPLOYMEMTlifOF    CHILDREN     IN 
MANUFACTURING  AND   OTHER  ESTABLISHMENTS. 

Repealed.     St.  1888,  c.  348,  §  12.     P.  S.,  c.  48.  '^' 

CHAPTER  229. 

AN    ACT    IN    RELATION    TO    THE     CORRECTION    OF    RETURNS    OF 
VOTES   IN   CERTAIN   CASES. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  236. 
AN  ACT   CREATING   THE   AMBULANCE   CORPS,  Etc. 
Superseded.     St.  1887,  c.  411.     P.  S.,  e.  14. 

CHAPTER  238. 

AN    ACT    RELATING    TO    THE     TAXATION    OF    TELEPHONE    COM- 
PANIES. 

Amended.     St.  1886.  c.  270.     P.  S.,  c.  13. 

CHAPTER  241. 

AN  ACT  IN  RELATION    TO   FOREIGN    FIDELITY  ASSURANCE   COM- 
PANIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER   242. 

AN  ACT  GIVING  PROBATE  COURTS  AUTHORITY  TO  GRANT  ORIG- 
INAL ADMINISTRATION  AFTER  THE  EXPIRATION  OF  TWENTY 
YEARS   FROM   THE   DEATH   OF   AN   INTESTATE. 

Repealed.     St.  1889,  c.  192.     P.  S.,  c.  130. 

CHAPTER   246. 

AN   ACT    TO    PROVIDE    FOR    THE   APPOINTMENT    OF    TEMPORARY 
REGISTRARS   OF  VOTERS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER   248. 
AN  ACT   TO   PREVENT   THE   COUNTERFEITING   OF  BALLOTS. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 


782  Public  Statutes. 


1885  —  Continued. 

CHAPTER    252. 

AN  ACT  REGULATING  THE  BUSINESS  OF  MAKING  SMALL  LOANS 
SECURED  BY  DEPOSITING  WITH  THE  LENDER  HOUSEHOLD 
GOODS,  Etc. 

Repealed.     St.  1890,  c.  416,  §  7.     P.  S.,  c.  102. 

CHAPTER   255. 

AN  ACT  RELATING  TO  THE  POWERS  OF  MARRIED  WOMEN  IN 
THE  DISPOSAL  OF  THEIR  SEPARATE  ESTATE  BY  WILL  OR 
DEED. 

Affected.     St.  1887,  c.  290.     P.  S.,  c.  147. 

CHAPTER   260. 

AN  ACT  PROVIDING    FOR    GRANTING   ADMINISTRATION   WITHOUT 
NOTICE   IN   CERTAIN   CASES. 

Amended.     St.  1890,  c.  265.     P.  S.,  c.  130. 

CHAPTER   261. 

AN    ACT    AUTHORIZING     SELECTMEN     TO    APPOINT    TELLERS     IN 

TOWN   MEETINGS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 


CHAPTER   262. 

AN  ACT  TO  PROVIDE  FOR  RECOUNTING  BALLOTS  CAST  IN  CITIES 
UPON  THE  QUESTION  OF  GRANTING  LICENSES  FOR  THE  SALE 
OF  INTOXICATING  LIQUORS. 

Repealed.     St.  1890,  c.  423,  §  228.     ^.  S.,  c.  7. 


CHAPTER   265. 

AN   ACT  AUTHORIZING   THE   FORMATION   OF   CORPORATIONS    FOR 
THE   PURPOSE   OF  CREMATIN(;   THE   BODIES   OF   THE  DEAD. 

Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  82. 

CHAPTER   268. 
AN  ACT  RELATIVE  TO  THE  OATH  OF  SUPERVISORS  OF  ELECTIONS. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c  7. 


Table  of  Changes.  783 


1885  —  Continued. 

.     CHAPTER   271. 

AN  ACT  RELATING    TO   THE  ASSESSMENT  AND  REGISTRATION  OF 

VOTERS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 

CHAPTER   277. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  COMMISSIONERS 
OF  THE   COUNTIES   OF  ESSEX,   MIDDLESEX  AND   NORFOLK. 

In  part  superseded.     St.  1889,  c.  303.     P.  S.,  c.  22. 

CHAPTER   283. 

AN  ACT  RELATING  TO  THE  SETTLEMENT  OF  TITLES  TO  REAL 

ESTATE 

Amended.     St.  1890,  c.  427,  §  1.     P.  S.,  c.  176. 

CHAPTER   291. 

AN  ACT   PROVIDING    FOR   THE   APPOINTINIEXT    OF    OFFICIAL   STE- 
NOGRAPHERS  FOR  THE   SUPERIOR   COURTS. 

Amended.     St.  1887,  c.  74.     P.  S.,  c.  159. 

CHAPTER   292. 
AN  ACT   IN   RELATION   TO  THE   LICENSING   OF   DOGS. 
Limited.     St.  1887,  c  307.     P.  S.,  c.  102. 

CHAPTER   300. 

AN    ACT    RELATING    TO    INSURANCE    BY     FOREIGN     INSURANCE 

COMPAXIES. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER    304. 

AN  ACT  RELATING  TO  CLERICAL  ASSISTANCE  IN  THE  OFFICE  OF 
THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  IN  THE  COUNTY 
OF  MIDDLESEX. 

Amount  increased.     St.  1890,  c.  192.     P.  S.,  c.  158. 

CHAPTER  308. 

AN  ACT  TO  ALLOW  INSURANCE  COMPANIES  TO  MAKE  ADDITIONAL 
INVESTMENTS  OF  THEIR  CAPITAL  STOCK. 


Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


784  Public  Statutes. 

1885  —  Continued. 

CHAPTER  309.      . 

AN  ACT  AUTHORIZING  CITIES   AND   TOWNS   TO   LICENSE   GROVES, 

Etc. 

Extended.     St.  1887,  c.  445.     P.  S.,  c.  102. 

CHAPTER  312. 

AN    ACT    TO    LIMIT    MUNICIPAL    DEBT     OF    AND    THE     RATE     OF 
TAXATION  IN  CITIES. 

Various  cities  exempted  from.  Sts.  1886,  c.  178;  1889,  cc.  157,  172, 
176;  1890,  cc.  120,  121,  135,  142,  203,  258,  271.  Section  4,  amended. 
St.  1889,  c.  372.     P.  S.,  c.  29. 

CHAPTER  313. 
AN  ACT  TO  ESTABLISH  A  BOARD  OF  REGISTRATION  IN  PHARMACY. 
Section  3,  repealed.     St.  1887,  c.  267.     P.  S.,  c.  67a. 

CHAPTER  314. 

AN  ACT  TO  ESTABLISH  A  BOARD  OF  GAS  COMMISSIONERS. 

Affected.  St.  1888,  c.  350.  Section  1,  amended.  St.  1889,  c.  373. 
Sections  6,  7,  9,  12,  13,  14,  extended.  St.  1887,  c.  382.  Section  7, 
amended.     St.  1886,  c.  346,  §  2.     P.  S.,  c.  61. 

CHAPTER  320. 

AN  ACT  TO  PROVIDE   FOR   THE   REMOVAL   OF   THE   INSANE    PRIS- 
ONERS FROM  THE  MASSACHUSETTS  REFORMATORY. 

Section  2,  amended.     St.  1886,  c.  101,  §  4.     P.  S.,  c.  222. 

CHAPTER  321. 

AN  ACT  TO  PERMIT  A  CLERK  OF  THE  SUPERIOR  COURT  AND  OF 
THE  MUNICIPAL  COURT  IN  BOSTON  TO  IMPRINT  A  FAC-SIMILE 
OF  HIS  SIGNATURE  UPON  PROCESSES  ISSUED  BY  HIM. 

Repealed.     St.  1886,  c.  13.     P.  S.,  c.  161. 

CHAPTER  326. 

AN   ACT   TO   PREVENT   THE    CONSTRUCTION    OF   WOODEN    FLUES 
FOR  HEATING  OR  VENTILATING  PURPOSES. 

Repealed.     St.  1888,  c.  426,  §  14.     P.  S.,  c.  104. 


Table  of  Changes.  785 


1885  —  Continued. 

CHAPTER  327. 

AN  ACT  IX  ADDITION  TO  AN  ACT  TO  ESTABLISH  AN  AGRICULTURAL 
EXPERIMENT   STATION. 

Affected.     St.  1887,  c.  31.     P.  S.,  c.  20. 

CHAPTER  339. 

AN   ACT   CONCERNING  HOSPITAL  TREATMENT   FOR  CERTAIN  PER- 
SONS SUBJECT  TO  I)IPSO]\IANIA  OR  HABITUAL  DRUNKENNESS. 

Affected.     St.  1889,  c.  414.     P.  S.,  c.  87. 

CHAPTER  341. 
AN   ACT   RELATING   TO   WRECKS   AND   SHIPWRECKED   GOODS. 
Repealed.     St.  1887,  c.  98,  §  16.     P.  S.,  c.  97. 

CHAPTER  345. 

AN   ACT  IN   RELATION   TO   NATURALIZATION. 

Amended.     St.  1886,  cc.   45,   203.     Section  5,  amended.     St.  1887,  c. 
36.     Section  7,  repealed.     St.  1887,  e.  329.     P.  S.,  c.  160. 

CHAPTER  351. 

AN  ACT   IN  ADDITION   TO  AN  ACT  ENTITLED  "AN  ACT  CONCERN- 
ING ELECTIONS  IN   TOWNS." 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  352. 

AN   ACT   IN   RELATION   TO   THE   INSPECTION   AND   SALE    OF    MILK 

AND   BUTTER. 

Amended.     St.  1886,  cc.  317,  318.     P.  S.,  cc.  56,  57. 

CHAPTER  353. 

AN    ACT    RELATING    TO    COMPOSITION    WITH    CREDITORS    IN    IN- 
SOLVENCY. 

Affected.     St.  1888,  c.  405.     P.  S.,  c.  157. 

CHAPTER  354. 

AN   ACT   TO   AUTHORIZE   THE   FORMATION   OF  MUTUAL    FIRE    IN- 
SURANCE  COMPANIES   WITH   A   SUBSCRIPTION  FUND. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


786  Public  Statutes. 


1885  —  Concluded. 

CHAPTER  369. 

AN    ACT    CONCERNING    THE    PRINTING    AND    DISTRIBUTION    OF 
CERTAIN   REPORTS   AND  PUBLIC   DOCUMENTS. 


Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 


Statutes,  1886. 

CHAPTER  31. 

AN    ACT    TO    INCREASE    THE    NUMBER    OF    ASSOCIATE    JUSTICES 
OF   THE   SUPERIOR   COURT. 

Superseded.     St.  1888,  c.  58.     P.  S.,  c.  152. 

CHAPTER  37. 

AN  ACT  RELATING  TO  THE  SALARIES  OF  CERTAIN  COURT  OFFI- 
CERS IN  THE  COUNTY  OF  SUFFOLK. 

Section  2  is  amended.     St,  1890,  c.  294.     P.  S.,  c.  159. 

CHAPTER  38. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  IN  THE 
OFFICE  OF  THE  TREASURER  AND  PROVIDE  FOR  THEIR  PROPER 
DESIGNATION. 

Affected.     St.  1886,  c.  334.     P.  S.,  c.  16. 


CHAPTER  39. 

AN  ACT   EXTENDING   THE   STATE   AH)   LAWS   TO   THE    ONE    HUN- 
DRED DAYS'  TROOPS  OF  EIGHTEEN  HUNDRED  AND  SIXTY-FOUR 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER  49. 

AN  ACT  TO  REGULATE  THE  PRINTING  AND  DISTRIBUTING  OF 
BALLOTS  ON  THE  QUESTION  OF  GRANTING  LICENSES  FOR  THE 
SALE   OF  INTOXICATING  LIQUOR. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

chaptp:r  51. 

AN  ACT  IN  RELATION  TO  THE  COMPENSATION  OF   REFEREES,  Etc. 
Amended.     St.  1887,  c.  289.     P.  S.,  c.  188. 


Table  of  Changes.  787 


1886  —  Continued. 

CHAPTER   63. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  FOURTEEN  OF  THE  PUBLIC 

STATUTES,  Etc. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

» 

CHAPTER   68. 

AN   ACT   IN   RELATION   TO   THE   ASSESSMENT   AND  REGISTRATION 
OF   WOMEN   AS   VOTERS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 


CHAPTER   78. 

AN   ACT  IN   RELATION  TO   NOTICES   OF  CHANGES  IN  WARDS  AND 
VOTING  PRECINCTS   IN   CITIES. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 


CHAPTER   82. 

AN  ACT  AUTHORIZING   BAKERS  TO  MAKE  SALES  DURING  CERTAIN 
HOURS  OF   THE   LORD^S   DAY. 

Repealed.     St.  1887,  c.  391,  §  4.     P.  S.,  e.  98. 


CHAPTER   85. 

AN    ACT    GIVING    ADDITIONAL    TIME    FOR    THE    ASSESSMENT    OF 
TAXES  IN   CERTAIN   CASES. 

Superseded.     St.  1888,  c.  362.     P.  S.,  e.  11. 


CHAPTER   87. 

AN  ACT   TO   PROVIDE   FOR  THE  WEEKLY  PAYMENT  OF  WAGES  BY 

CORPORATIONS. 

Amended.     St.  1887,  c.  399.     P.  S.,  c.  74. 

CHAPTER   90. 

AN   ACT   TO   AMEND   SECTION  FOUR  OF  CHAPTER  SEVENTY-FOUR* 
OF  THE  PUBLIC  STATUTES  RELATIVE  TO  THE  PRINTED  NOTICE 
REQUIRED  IN  MANUFACTURING   ESTABLISHMENTS. 

Repealed.     St.  1887,  c.  280,  §  2.     P.  S.,  c.  74. 


788  Public  Statutes. 


1886  —  Continued. 

CHAPTER   95_. 

AN  ACT  TO  LIMIT  THE  AMOUNT  WHICH  SAVINGS  BANKS  AND 
INSTITUTIONS  FOR  SAVINGS  MAY  Di:POSIT  IN  ANY  ONE 
NATIONAL  BANK   OR  TRUST   COMPANY. 

Repealed.     St.  1890,  c.  168.     P.  S.,  c.  116. 

CHAPTER   101. 
AN  ACT   TO  ESTABLISH   A   STATE   BOARD   OF   HEALTfL 
Section  3,  amended.     St.  1889,  c.  370.     P.  S.,  c.  79. 

CHAPTER   105. 

AN  ACT  TO  ENABLE  THE  QUARTERMASTER-GENERAL  TO  REQUIRE 
ANNUAL  RETURNS,  Etc. 

Superseded.     St.  1887,  c.  411.     P.  S.,  c.  14. 

CHAPTER    110. 

AN  ACT  TO  AMEND  SECTION  EIGHTEEN  OF  CHAPTER  TFIIRTY  OF 
THE  PUBLIC  STATUTES  IN  RELATION  TO  THE  APP(HNTAH^:NT 
OF  PERSONS  TO  INVESTIGATE  CLAIMS  FOR  REIMBURSEMENT 
OF   STATE   AID   UNDER   SAID   CHAPTER. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 

CHAPTER    125. 

AN    ACT    TO     AUTHORIZE     RAILROAD     (CORPORATIONS     TO     JOIN 
CERTAIN   RELIEF   SOCIETIES. 

Extended.     St.  1890,  e.  181.     P.  S.,  c.  115. 

CHAPTER   130. 

AN  ACT  RELATING  TO   THE   SALARIES   OF   CERTAIN   COURT  OFFI- 
CERS  IN   THE   COUNTY   OF   SUFFOLK. 

In  part  superseded.     St.  1888,  c.  195.     P.  S.,  c.  154. 

CHAPTER   155. 

AN    ACT    TO    ESTABLISH    THE    SALARY    OF    THE    CLERK    OF    THE 
POLICE   COURT   OF   SPRINGFIELD. 

Superseded.     St.  1889,  c.  28.     P.  S.,  c  154. 


Table  of  Changes.  789 


1886  —  Continued. 

CHAPTER    169. 

AX   ACT   IIELATING  TO  THE  RETURN  OF  FEES,  COSTS,  FINES,  FOR- 
FEITURES  AND   OTHER   MONEYS   BY   CERTAIN   OFFICERS. 

Kepeuled.     St.  1887,  c.  438,  §  8.     P.  S.,  c.  16. 


CHAPTER   173. 

AN    ACT   RELATING  TO    PROVIDING    MEANS    OF    COMMUNICATION 
BETWEEN  ROOMS  IN  MANUFACTURING  ESTABLISHMENTS,  Etc. 

Sectiou  1  is  amended.     St.  1890,  c.  179.     P.  S.,  c.  104. 


CHAPTER    184. 

AN  ACT  TO  ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  THE  PRO- 
BATE COURT  FOR  THE  COUNTY  OF  MIDDLESEX. 

Superseded.     St.  1889,  c.  251.     P.  S.,  c.  158. 


CHAPTER    187. 

AN   ACT   ESTABLISHING   THE   SALARIES  OF  CERTAIN  CLERKS,  Etc., 
IN   THE   DEPARTMENT   OF   THE   INSURANCE   COMMISSIONER. 

Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 


CHAPTER   192. 

AN   ACT   FOR   THE   PROTECTION   OF  THE  FISHERIES  IN  BUZZARD'S 

BAY. 

Sectiou  4,  amended.     St.  1887,  c.  197.     P.  S.,  c.  91. 


CHAPTER    194. 

AN   ACT   TO   EXEMPT   THE   WAGES    AND    LAY    OF    SEAMEN    FROM 
ATTACH AH:NT   BY   THE   TRUSTEE   PROCESS. 

Limited.     St.  1890,  c.  289.     P.  S.,  c.  183. 


CHAPTER   202. 

AN  ACT  TO  PROHIBIT  THE  SEINING  OF  BLUEFISH  IN  THE  WATERS 
OF  VINEYARD  SOUND  OPPOSITE  THE  TOWNS  OF  BARNSTABLE 
AND    MASHPEE 

Repealed.     St.  1887,  c.  120.     P.  S.,  c.  91. 


790  Public  Statutes. 


1886  —  Continued. 

CHAPTP:R   216. 

AN  ACT  RELATIVE   TO   THE   APPOINTMENT   OF   A   LAW  CLERK  AS 
AN  ASSISTANT  IN  THE  ATTORNEY-GENERAL'S  DEPARTMENT. 

Affected.     St.  1889,  c.  402  ;  1888,  c.  425.     P.  S.,  c.  17. 

CHAPTER   222. 

AN    ACT     EXTENDING    THE     POWERS     OF     CERTAIN     INSURANCE 

COMPANIES. 


Repealed.     St.  1887,  c.  214,  §  112.     P.  S.,  c.  119. 

CHAPTER  231. 

AN  ACT  IN  RELATION  TO  THE  EXEMPTION  OF  THE  PROPERTY  OF 
CERTAIN  LITERARY  AND  OTHER  ASSOCIATIONS  FROM  TAXATION. 

Superseded.     St.  1889,  c.  465.     P.  S.,  c.  11. 

CHAPTER  237. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  ADJUTANT- 
GENERAL  AND  THE  FIRST  CLERK  IN  THE  DEPARTMENT  OF 
THE   ADJUTANT-GENERAL. 

Superseded.     St.  1887,  c.  411,  §  13.     P.  S.,  c.  14. 

CHAPTER  241. 

AN  ACT  TO   PROVIDE   FOR   THE   CARE  AND   EDUCATION   OF  CHIL- 
DREN  WHO   ARE   BOTH   DEAF   MUTES   AND   BLIND. 

Repealed.     Sts.  1887,  c.  179,  §  2  ;  1888,  c.  239.     P.  S.,  c.  41. 

CHAPTER  251. 

AN  ACT  TO  ESTABLISH   THE   SALARIES   OF  THE   COUNTY  COMMIS- 
SIONERS  OF   WORCESTER,  BRISTOL   AND   MIDDLESEX   COUNTIES. 

In  part  superseded.     St.  1889,  c.  339.     P.  S.,  e.  22. 

CHAPTER  252. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  COMMISSIONERS 
OF  SAVINGS  BANKS  AND  OF  THE  FIRST  AND  SECK)ND  CLERKS 
OF   SAID   COMMISSIONERS. 

Section  1,  repealed.     St.  1889,  c  77.     Section  3,  superseded.     St.  1889, 
c.  321.     P.  S.,  c.  116. 


Table  of  Changes.  791 


1886  —  Continued. 

CHAPTER  259. 

AN   ACT   TO   rilOVIDE    FOR   RETURNS   OF  CERTIFICATES   OF   DAM- 
ACE   BY  DOGS,  Etc. 

Section  1,  repealed.     St.  1889,  c.  454,  §  6.     P.  S.,  c.  102. 

CHAPTER  260. 

AN   ACT   RELATIVE    TO    REPORTS    OF    ACCIDENTS    IN    FACTORIES 
AND   MANUFACTURING   ESTABLISHMENTS. 

Seetiuu  1  is  amended.     St.  1890,  c.  83.     P.  S.,  c.  104. 

CHAPTER  262. 

AN    ACT    TO    PROVIDE    FOR    A    RECOUNT    OF    BALLOTS    CAST    AT 
ELECTIONS   HELD   IN    TOWNS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 

CHAPTER  263. 

AN  ACT  TO  PROVIDE  FOR  A  STATE  BOARD  OF  ARBITRATION,  Etc. 

Amended.  St.  1887,  c.  269.  Section  1,  amended.  St.  1888,  c. 
261.     Section  4  is  amended.     St.  1890,  c.  385.     P.  S.,  c.  74. 

CHAPTER  264. 
AN  ACT  TO   PROVIDE   FOR   PRECINCT  VOTING  IN   TOWNS. 
Repealed.     St.  1890,  c.  423,  §  228. 

CHAPTER  274. 
AN   ACT  TO   PROTECT   THE   PURITY   OF   INLAND   WATERS. 
Repealed.     St.  1888,  c.  375.     P.  S.,  c.  80. 

CHAPTER  276. 

AN  ACT  FOR    THE   BETTER  PRESERVATION   OF   BIRDS   AND  GAME. 

Section  1,  amended.  Section  1  is  superseded  and  section  3,  affected. 
St.  1890,  c.  249.  St.  1888,  c.  292.  Section  6,  limited.  St.  1887,  c  300. 
P.  S.,  c.  92. 

CHAPTER  283. 

AN    ACT    TO     ESTABLISH    WARDS,    PRECINCTS    AND    ASSESSMENT 
DISTRICTS   IN   THE   CITIES   OF   THE   COMMONWEALTH. 

Section  1,  amended.     St.  1889,  c.  115.     P.  S.,  c.  28. 


792  Public  Statutes. 

1886  —  Concluded. 

CHAPTER  295. 

AN   ACT   TO   ESTABLISH   THE   OFFICE   OF   AUDITOR   IN   TOWNS. 

Amended.      St.    1888,   c.   221.     Affected.      8ts.    1889,   c.    191;    1890, 
c.  254.     P.  S.,  c.  27. 

CHAPTER  298. 

AN    ACT    CONCERNING    THE    MASSACHUSETTS    SCHOOL    FOR    THE 

FEEBLE  MINDED 

Section  4,  repealed.     St.  1887,  c.  123.     P.  S.,  c.  87. 

CHAPTER  305. 
AN   ACT   CONCERNING   THE   PUNISHMENT   OF   RAPE. 
Amended.     St.  1888,  c.  391.     P.  S.,  c.  202. 

CHAPTER  319. 

AN     ACT     CONCERNING     THE     COMMITMENT     AND     CUSTODY    OF 

INSANE   PERSONS. 

Section  3  is  amended.     St.  1890,  c.  414.     P.  S.,  c.  87. 

CHAPTER  320. 

AN   ACT   CONCERNING   SALES   OF    LANT)    BY    CITIES    AND    TOWNS 

FOR  TAXES. 

Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 

CHAPTER  334. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  CLERKS  IN  THE 
DEPARTMENT  OF  THE  TREASURER  AND  RECEIVER-GENERAL. 

Amended.     St.  1889,  c.  349.     P.  S.,  c.  16. 

CHAPTER  346. 

AN  ACT  IN   RELATION   TO   GAS   COMPANIES. 

Sections  1,  2,  5,  extended.     St.    1887,   c.   382.     Section  2,  amended. 
St.  1888,  c.  122.     P.  S.,  c.  61. 


Statutes,  1887. 

CHAPTER   24. 

AN  ACT  TO  AUTHORIZE   THE  APPOINTMENT  OF  OFFICIAL  STENOCJ- 
RAPHERS    IN   SUFFOLK   AND   TO   ESTABLISH   THEIR   FEES. 

In  part  repealed.     St.  1889,  c.  324.     P.  S.,  c.  159. 


Table  of  CiiANtJKS.  793 


1887  —  Contiimed. 

CHAPTER   38. 
AN   ACT   lIKGUI.ATINi;   TlIK   SALE   AND    I'UUCUASE   OF   TOiSONS. 
Repealed.     «t.  1888,  c.  20;»,  §  2.     P.  S.,  c.  208. 

CHAPTP:R   86. 
AN   ACT  IN   RELATION   TO   THE   ASSESSMENT   OF   TAXES. 
Superseded.     8t.  1890,  c.  242.     P.  S.,  c.  11. 

chaptp:r^  96. 
an  act  relating  to  the  taking  of  scallops. 

Section  1,  limited.     St.  1888,  c.  238.     P.  S.,  c.  91. 

CHAPTER  103. 

AN  ACT  TO  SECURE  PROPER  SANITARY  PROVISIONS  IN  FACTORIES 

AND   WORKSHOPS. 

Amended.     St.  1888,  c.  305.     P.  S.,  cc.  48,  74. 

CHAPTER  105. 

AN   ACT   TO   PROTECT   THE   FISHERIES    IN    THE    TRIBUTARIES    OF 

PLUM   ISLAND   BAY. 

Section  2  is  amended.     St.  1890,  c.  30.     P.  S.,  c.  91. 

CHAPTER  110. 

AN  ACT  IN  RELATION  TO  THE  ACCOUNTS  OF  COLLECTORS  OF 

TAXES. 

Superseded.     St.  1888,  c.  390.     P.  S.,  c.  12. 

CHAPTER  112.^ 

AN   ACT  TO   ESTABLISH   THE   SALARY   OF   THE   CLERK  OF  COURTS 
FOR  THE  COUNTY  OF  DUKES  COUNTY. 


Superseded.     St.  1888,  c.  257.     P.  S.,  c.  159. 


CHAPTP:R  122. 


AN    ACT    CONCERNING    THE     PAYINIENT    OF    STATE    AID     TO    THE 
WIDOWS   OF   CERTAIN   SOLDIERS,   SAILORS   AND   MARINES. 

Repealed.     St.  1889,  c.  301,  §  10.     P.  S.,  c.  30. 


794  Public  Statutes. 


1887  —  Contiyiued. 

CHAPTER  142. 

AN  ACT  RELATING  TO  THE  COLLECTION  OF  TAXES  ASSESSED 
UPON  THE  SHARES  OF  BANKS  LOCATED  WITHIN  THIS  COM- 
MONWEALTH. 


Repealed.     St.  1888,  c.  390,  §  95.     P.  S.,  c.  12. 


CHAPTER  147. 


AN    ACT    TO    PREVENT    THE    DEFACING    OR    INJURY    OF    VOTING 

LISTS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 


CHAPTER  IGO. 

AN  ACT  TO  ESTABLISH  THE  SALARIES  OF  THE  DISTRICT  ATTORNEY, 
THE  ASSISTANT  DISTRICT  ATTORNEYS  AND  THE  CLERK  OF  THE 
DISTRICT  ATTORNEY  FOR  THE  SUFFOLK  DISTRICT. 

In  part  superseded.     St.  1889,  c.  238.     P.  S.,  c.  17. 

CHAPTER  179. 

AN    ACT    TO    PROVIDE     FOR    THE     FREE    INSTRUCTION    OF    DEAF 
MUTES   OR  DEAF   CHILDREN. 

Repealed.     St.  1888,  c.  239.     P.  S.,  c.  41. 

CHAPTER  196. 
AN  ACT   RELATING   TO   INVESTMENTS   BY   SAVINGS   BANKS. 

Amended.     St.  1888,  c.  213.     P.  S.,  c.  116. 

CHAPTER   197. 

AN  ACT  CONCERNING  THE  USE  OF  (HLL  NETS  OR  SET  NETS 
WITHIN  ONE  HALF  MILE  OF  THE  SHORES  OF  THE  TOWN  OF 
MATTAPOISETT. 

Repealed.     St.  1890,  c.  229.     P.  S.,  c.  91. 

CHAPTER  202. 

AN  ACT  IN  RELATION  TO  THE   RETURNS  AND  RECORD  OF  BIRTHS, 
MARRIAGES  AND  DEATHS. 

Section  5  is  amended.^    St.  1890,  c.  402.     P.  S.,  c.  32. 


Table  of  Changes.  795 


1887  —  Continued. 

CHAPTER  212. 

AN  ACT  TO  ACCKI'T  AX  ANNUAL  APrROlMlIA  TION  OF  MONEY  HY 
TIIK  OONCRKSS  OF  'IMIF  UNFrF:!)  STATES  FOl!  THE  SlUTOllT  OF 
AGRICULTURAL  F:XL'ERLMENTS  WITHIN  THE  COMMONWEALTH. 

Amended.     St.  1889,  c.  111.     P.  S.,  c.  20. 

CHAPTPm  214. 

AN   ACT   TO   AMEND    AND    CODIFY   THE    STATUTES    RELATING   TO 

INSURANCE. 

Limited.  St.  1888,  c.  429,  §  19.  Section  5,  amended.  St.  1888,  c.  84. 
Section  31,  amended.  St.  1888,  c.  141.  Section  60,  added  to.  St.  1888, 
c.  151.  Section  62,  amended.  St.  1889,  c.  378.  Section  80,  amended. 
St.  1889,  c.  356.  Sections  7,  82  are  amended.  St.  1890,  c.  304.  Sections 
42,  43,  44  are  revised.  St.  1890,  c.  26.  Sections  78-82  are  affected.  St. 
1890,  c.  197.     P.  S.,  c.  119. 

CHAPTER   215. 

AN  ACT  TO  SECURE  UNIFORM  AND  PROPER  MEAL  TIMES  FOR 
CHILDREN,  YOUNG  PERSONS  AND  WOMEN  EMPLOYED  IN  FAC- 
TORIES  AND   WORKSHOPS. 

Amended.  St.  1887,  c.  330.  Affected.  St.  1887,  c.  280,  §  1.  P.  S., 
c.  74. 

CHAPTER  219. 

AN  ACT  TO  AMEND  SECTION  TWENTY-THREE  OF  CHAPTER  ONE 
HUNDRED  AND  FOUR  OF  THE  PUBLIC  STATUTES  RELATING  TO 
THE  AUTHORITY  OF  INSPECTORS  OF  FACTORIES  AND  PUBLIC 
BUILDINGS. 

Repealed.     St.  1887,  c.  276.     P.  S.,  e.  104. 

CHAPTER  234. 

AN     ACT     TO     PROVIDE     FOR     THE     APPOINTMENT     OF     POLICE 

IMATRONS,  Etc. 

Extended.     St.  1888,  c.  181.     P.  S.,  220. 

CHAPTER  249. 

AN  ACT  TO  AMEND  SECTION  FIFTY-TWO  OF  (CHAPTER  TWENTY- 
SEVEN  OF  THE  PUBLIC  STATUTES  RELATIVE  TO  THE  QUALIFI- 
CATION OF  VOTERS  IN  TOWN  AFFAIRS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 


796  Public  Statutes. 


1887  —  Continued. 

CHAPTER   266. 

AN  ACT  TO  AMEND  PUBLIC  STATUTES,  CHAPTER  EIGHTY-ONE, 
SECTION  FIFTY-ONE,  RELATIVE  TO  CaVINC  NOTICES  TO  THE 
OVERSEERS  OF  THE  POOR  OF  CITIES  AND  TOWNS  RELATIVE  TO 
COMMITMENTS  TO  THE  INDUSTRIAL  OR  REFORM  SCHOOL. 

Repealed.     St.  1888,  c.  248,  §  2.     P.  S.,  c.  89. 


CHAPTER  269. 

AN  ACT  TO  AMEND  AN  ACT  TO  PROVIDE  A  STATE  BOARD  OF 

ARBI'l'RATION,  Etc. 

Section  1,  amended.    St.  1888,  e.  261.    Section  3  is  amended.    St.  1890, 
c.  385.     P.  S.,  c.  74. 

CHAPTER  270. 

AN  ACT  TO  EXTEND  AND  RE(iULATE  THE  LIABILITY  OF  EM- 
PLOYERS TO  MAKE  COMPENSATION  FOR  PERSONAL  INJURIES 
SUFFERED   BY   EMPLOYEES    IN   THEIR    SERVICE. 

Section  3,  amended.     St.  1888,  c.  155.     P.  S.,  c.  74. 

CHAPTER  272. 
AN   ACT  TO   FACILITATE   VOTING  BY  EMPLOYEES. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  274. 

AN  ACT  PROVIDING  FOR  A  CLERK  FOR  THE  MUNICIPAL  COURT  OF 
THE  WEST  ROXBURY  DISTRICT  OF  THE  CITY  OF  BOSTON. 

Section  2,  superseded.     St.  1889,  c.  92.     P.  S.,  c.  154. 

CHAPTER  283. 
AN   ACT   CONCERNING  TAXATION   OF   INSURANCE   COMPANIES. 
Extended  to  other  companies.     St.  1890,  c.  197.     P.  S.,  c.  13. 

CHAPTER  295. 

AN  ACT  RELATING  TO  THE  AWARDS  OF  SPECIAL  COMMISSIONS  IN 
THE  ALTKRATIONS  OF  CROSSINGS  OF  HIGHWAYS  OR  TOWN- 
WAYS  AND   RAILROADS. 

Shall  not  apply  to  the  provisions  of  St.  1890,  c.  428.     P.  S.,  c.  112. 


Table  of  Changes.  797 


1887  —  Continued. 

CHAPTER   355. 

AN  ACT   IN    RELATION   TO  THE   llEIMOVAL  OF   SUBORDINATE  OFFI- 
CERS  OF   THE   STATE   PRISON. 

Repealed  so  far  as  incousistent  witli  St.  1888,  c.  204.     P.  S.,  c.  221. 


CHAPTER   371. 

AN   ACT   CONCERNING  THE   CONDUCT  OF   TOWN   MEETIN(;S    DUPv- 
ING   THE   ELECTION   OF  MODERATORS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 


CHAPTER   373. 

AN  ACT  EXTENDING  THE  PROVISIONS  OF  THE  PUBLIC  STATUTES 
RELATING  TO  THE  TAXABLE  VALUATION  OF  VESSELS  ENGAGED 
IN  THE  FOREIGN  CARRYING  TRADE. 

Extended.     St.  1889,  c.  280.     P.  S.,  c.  11. 


CHAPTER   400. 

AN     ACT    PROVIDING     FOR    THE    SEIZURE    OF    IMPLEMENTS    AND 
FURNITURE   liSED   IN   THE   SALE   OF   INTOXICATING   LIQUOR. 

Amended.     St.  1888,  c.  297.     P.  S.,  c.  100. 


CHAPTER   411. 

AN  ACT   CONCERNING  THE  MILITIA  OF  THE   COMMONWEALTH  OF 

MASSACHUSETTS 

Sections  33,  42,  1 19,  128, 147,  148,  amended.  St.  1889,  c.  300.  Sections 
20,  28,  55,  58,  05,  09,  70,  71,  73,  124,  133  are  amended  and  section  108  is 
added.     St.  1890,  c.  425.     P.  S.,  c.  14. 


CHAPTER   423. 
AN   ACT    RELATING    TO   THE    INVESTMENTS   OF    SAVINGS   BANKS. 
Repealed.     St.  1888,  c.  90.     P.  S.,  c.  IIG. 

CHAPTER   432. 
AN  ACT   WITH   REFERENCi:   TO   REGISTRARS   OF   VOTERS. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 


798  Public  Statutes. 

1887  —  Continued. 

CHAPTER   433. 

AN  ACT  RELATING   TO  THE   EMPLOYMENT  OF   MINORS  WHO   CAN 
NOT   READ   AND    WRITE   THE   ENGLISH   LAN(iUAGE. 

Section  1,  repealed.     St.  1888,  c.  348,  §  12.     Section  2,  amended.    Sts. 
1889,  c.  135  ;  1890,  cc.  48,  299.     P.  S.,  c  48. 

CHAPTER   437. 

AN  ACT  GIVING  PREFERENCE  IN  APPOINTMENTS  TO  OFFICE  TO 
HONORABLY  DISCHARGED  SOLDIERS  AND  SAH.ORS  WITHOUT 
CIVIL   SERVICE  EXAMINATIONS. 

Affected.     St.  1889,  c.  473. 

CHAPTER   438. 

AN   ACT   TO   PROVIDE  FOR  THE  APPOINTMENT  OF  A  CONTROLLER 
TO   AUDIT   THE   ACCOUNTS  OF   COUNTY   OFFICERS,  Etc. 

Affected.     St.  1888,  c.  275.     Section  2  is  amended.     St.  1890,  c.  306. 
Section  5  is  amended.     St.  1890,  c.  216.     P.  S.,  c.  16. 


CHAPTER   441. 

AN    ACT  IN   AID   OF  THE   HOSPITAL   COTTAGES  FOR   CHILDREN  IN 
BALDWINSVILLE   IN   THE   TOWN    ()     TEMPLETON. 

Section  4,   in   part  superseded.     St.  1889,  c.  230,  §  2.     Section  2  is  in 
part  repealed.     St.  1890,  c.  354.     P.  S.,  c.  86. 


CHAPTER   442. 

AN  ACT  TO  AMEND  CHAPTER  ONE  HUNDRED  AND  SIXTY-TWO  OF 
THE  PUBLIC  STATUTES  IN  RELATION  TO  THE  EXAMINATION 
AND  ARREST  OF  POOR  DEBTORS. 

Section  1,  amended.     St.  1889,  c.  415,  §  1.     P.  S.,  c.  162. 


CHAPTER   443. 

AN  ACT  TO  REQUIRE  AND  REGULATE  THE  USE  OF  SELF-REGIS- 
TERING AND  CANCELLING  BALLOT-BOXES  IN  TAKING  THE 
VOTE  UPON  THE  QUESTION  OF  GRANTING  LIQUOR  LICENSES. 

Repealed.     St.  1888,  c.  434,  §  6.     P.  S.,  c.  100. 


Table  of  Changes.  799 


1887  —  Concluded. 

CHAPTER   447. 

AN    ACT    KELATIN(;   TO   THE    LABOR  OF   THE    PIHSONERS   IN   THE 
STATE  PRISON,  REFOR^L\TORH0S  AND  HOUSES  OF  ClORRECTION. 

Affected.  St.  1888,  c.  403,  §  1.  Amended.  St.  LS88,  c.  22.  Sectior 
7,  repealed.  St.  1888,  c.  403,  §  (!.  Section  12,  amended.  St.  1888,  c. 
403,  §  4.     P.  S.,  cc.  220,  221. 


Statutes,  1888. 

CHAPTER   22. 

AN   ACT  TO  DEFINE    THE    MEANING  OF  THE  WORDS   "  CONTRAC'I' 
FOR  THE  LABOR  OF  PRISONERS,"  Etc. 

Amended.     St.  1888,  c.  403,  §  5.     P.  S.,  cc.  220,  221. 

CHAPTER   23. 

AN  ACT  RELATING  TO  THE   PRINTING  AND   DISTRIBUTION  OF  THE 
ANNUAL  REPORTS  OF  THE  BUliEAU  OF  STATISTICS  OF  LABOR. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER   41. 

AN  ACT  TO  ESTABLISH  THE  SALARY   OF   THE  SECRETARY  OF  THE 
CIVIL   SERVICE   COMMISSION. 

Superseded.     St.  1889,  c.  177. 

CHAPTER   85. 

AN  ACT    CONCERNING  THE    PUBLICATION    AND  DISTRIBUTION   OF 
THE   MANUAL  FOR  THE   GENERAL  COURT. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER   90. 
AN  ACT  RELATING  TO  THE  INVESTMENTS  OF  SAVINGS  BANKS 
Amended.     St.  1890,  c.  369.     P.  S.,  c.  116. 

CHAPTER    120. 

AN   ACT  RELATING   TO   THE   MEMBERS  OF   THE   CORPORATION  01 

SAVINGS  BANKS. 

Amended.     St.  1890,  c.  222.     P.  S.,  c.  116. 


800  Public  Statutes. 


1888  —  Continued. 

CHAPTER    122. 

AN  ACT  TO  AUTHORIZE  THE  PRINTING  OF  ADDITIONAL  COPIES  OF 
THE  ANNUAL  REPORT  OF  THE  BOARD  OF  GAS  COMMISSIONERS 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER    127. 

AN  ACT  TO  AMEND  SECTIONS  FORTY  AND  FORTY-ONE  OF  CHAPTER 
ONE  HUNDRED  AND  SIXTEEN  OF  THE  PUBLIC  STATUTES  RE- 
LATING TO  THE  ANNUAL  REPORTS  OF  SAVINGS  BANKS  AND 
INSTITUTIONS   FOR   SAVINGS. 

In  part  superseded.     St.  1890,  c  44.     P.  S.,  cc  4,  116. 

CHAPTER    146. 
AN  ACT  TO  ENABLE  TOWNS  TO  DISCONTINUE  VOTING  PRECINCTS. 
Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  o.  27. 

CHAPTER   148. 

AN  ACT  IN  RELATION  TO  AFFIDAVITS  OF  NOTICE  OF  APPOINT- 
MENT AND  SALES  OF  REAL  ESTATE  BY  ADMINISTRATORS  AND 
EXECUTORS. 

Affected.     St.  1888,  c.  380.     P.  S.,  cc.  132,  134. 

CHAPTER    149. 

AN  ACT  TO  CAUSE  PROPER  SANITARY  PROVISIONS  AND  PROPER 
VENTILATION  IN   PUBLIC  BUILDINGS  AND  SCHOOL  HOUSES. 

Appeal  given.     St.  1890,  c.  438.     P.  S.,  c.  48. 

CHAPTER    158. 

AN  ACT  IN  RELATION  TO   THE  EXEMPTION  OF  THE  PROPERTY  OF 
CERTAIN  LITERARY  AND  OTHEIt  ASSOCIATIONS  FROM  TAXATION. 

Superseded.     St.  1889,  c.  465.     P.  S.,  c.  11. 


CHAPTER    164. 

AN  ACT    RELATIVE    TO   THE   DECLARATION   OF   THE    RESULTS   OF 
ELECTIONS  IN  CITIES,  Etc. 


Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 


Table  or  Changes.  801 


1888  —  Continued. 

CHAPTER    18G. 

AN  ACT  TROVIDING  FOR  PRINTING  ADDITIONAL  COPIES  OF  THE 
ANNUAL  REPORT  OF  THE  TRUSTEES  OF  THE  MASSACHUSETTS 
SCHOOL  FOR  THE  FEEBLE-IMINDED. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

chaptp:r  191. 

AN  ACT  RELATING  TO  THE  PUBLICATION  OF  THE  ANNUAL  REPORT 
OF  THE  BOARD  OF  COMMISSIONERS  OF  SAVINGS  BANKS. 

Superseded.     St.  1889,  c.  440.     P.  S.,  cc.  4,  116. 

CHAPTER    199. 
AN   ACT  IN   RELATION    TO    RETURNS   AND   STATISTICS   OF   FIRES. 
Repealed.     St.  1889,  c.  451,  §  8.     P.  S.,  c.  35. 

CHAPTER   200. 

AN  ACT  EXTENDING  THE  TIME  IN  WHICH  PERSONS  MAY  APPLY 
FOR  ASSESSMENT  OF  TAXES  AND  PROVIDING  FOR  EVENING 
SESSIONS    OF   THE  ASSESSORS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 

CHAPTER   203. 

AN  ACT  PROHIBITING  STATEMENTS  RELATIVE  TO  THE  VOTING 
AT  ELECTIONS  IN  TOWNS  PRIOR  TO  THE  PUBLIC  DECLARA- 
TION  THEREOF. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 

CHAPTER   206. 

AX  ACT   REQUIRD^G  ASSESSORS    OF    TAXES    IN    TOWNS   TO   POST 
LISTS  OF  PERSONS  ASSESSED  FOR  POLL  TAXES. 
Repealed.     St.  1890,  e.  423,  §  228.     P.  S.,  c.  27. 

CHAPTER   207. 

AN  ACT  TO  AMEND  SECTION  TWENTY  OF  CHAPTER  ONE  HUNDRED 
AND  FOUR  OF  THE  PUBLIC  STATUTES  SO  AS  TO  PROVIDE  FOR 
FIRE-RESISTING  CURTAINS  IN  THEATRES. 

Repealed.     St.  1888,  c.  426,  §  14.     P.  S.,  e.  104. 


802  Public  Statutes. 


1888  —  Continued. 

CHAPTER   221. 

AN    ACT    TO    AMEND    AN    ACT    TO    ESTABLISH    THE    OFFICE    OF 
AUDITOR  IN   TOWNS. 

Affected.     Sts.  1889,  c.  191  ;  1890,  c.  254.     P.  S.,  c.  27. 


CHAPTER   239. 

AN    ACT    TO    PROVIDE    FOR    THE    FREE    INSTRUCTION    OF    DEAF 
MUTES  OR  DEAF   CHILDREN. 

Extended.     St.  1889,  c.  226.     P.  S.,  c.  41. 


CHAPTER   254. 

AN  ACT   TO  PROHIBIT   THE    SALE   OF  INTOXICATING   LIQUOR   ON 

FAST  DAY,  Etc. 

Section  1,  amended.     St.  1889,  c.  347.     P.  S.,  c.  100. 


CHAPTER   256. 

AN    ACT    CONCERNING    THE     PRINTING    AND     DISTRIBUTION    OF 
CERTAIN   PUBLIC   DOCUMENTS. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 


CHAPTER   257. 

AN  ACT  RELATING  TO  THE  SALARIES  OF  THE  CLERKS  OF  COURTS 
AND  THE  PAYMENT  OF  FEES  IN  THE  SUPERIOR  COURT  AND 
THE  SUPREME  JUDICIAL  COURT. 

Section  3  amended.     St.  1890,  cc.  209,  360. 


CHAPTER   262. 

AN  ACT   RELATIVE   TO   THE   CONDITIONS   UPON  WHICH  LICENSES 
TO   SELL   INTOXICATING   LIQUOR  MAY  BE   GRANTED. 

Amended.     St.  1889,  c.  361.     P.  S.,  c.  100. 


CHAPTER   264. 

AN   ACT   IN   RELATION  TO   THE   OFFICERS   OF  THE  STATE   PRISON 

AT   BOSTON. 

Superseded.     St.  1889,  c.  412.     P.  S.,  c.  221. 


Table  or  Changes.  803 


1888  —  Continued. 

CHAPTER   276. 

AX  ACT  TO  LIMIT  THE  TIME  WITHIN  WHICH  TROUT,  LAND- 
LOCKED SALMON  AND  LAKE  TROUT  iVIAY  BE  TAKEN  IN  BERK- 
SHIRE  COUNTY. 

Repealed.     St.  1890,  c.  193.     P.  S.,  c.  91. 

CHAPTER  280. 

AN  ACT  RELATING  TO  CLERICAL  ASSISTANCE  IN  THE  OFFICE  OF 
THE  REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE 
COUNTY  OF  SUFFOLK. 

Affected.     St.  1889,  c.  418.     P.  S.,  c.  158. 

CHAPTER  288. 

AN  ACT   CONC"ERNING  THE  FEES   FOR  THE  PILOTAGE  OF  VESSELS 
IN   AND   OUT   OF   WOOD'S   HOLL   HARBOR. 

Repealed.     St.  1889,  c.  275.     P.  S.,  c.  70. 

CHAPTER  292. 

AN  ACT  TO  AMEND  CHAPTER  TWO  HUNDRED  AND  SEVENTY- 
SIX  OF  THE  ACT  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND 
EIGHTY-SIX  BEING  AN  ACT  FOR  THE  BETTER  PRESERVATION 
OF  BIRDS  AND   GAME. 

Amended.     St.  1890,  c.  249.     P.  S.,  c.  92. 

CHAPTER  304. 

AN  ACT  CONCERNING  THE  ELECTION  AND  THE  POWERS  ANT) 
DUTIES  OF  TRUSTEES  OF  FREE  PUBLIC  LIBRARFES  OR  FREE 
PUBLIC   LIBRARIES   AND  READING  ROOMS  IN   TOWNS. 

Amended.     St.  1889,  c.  112.     P.  S.,  c.  40. 

CHAPTER  316. 

AN  ACT  TO  REGULATE    THE    ERECTION  AND    CONSTRUCTION  OF 
CERTAIN   BUILDINGS. 

Appeal  given.     St.  1890,  c.  438.     P.  S.,  e.  104. 

CHAPTER  335. 

AN  ACT  IN  RELATION  TO  THE  OFFICERS  OF  THE  MASSACHUSETTS 

REFORMATORY. 

Superseded.     St.  1889,  c.  408.     P.  S.,  c.  221. 


804  Public  Statutes. 


1888  —  Continued. 

CHAPTER  337. 

AN  ACT  IN  RELATION  TO  THE  APPROVAL  OF  BILLS  CONTRACTED 
FOR  THE  STATE  PRISON,  THE  MASSACHUSETTS  REFORMATORY 
AND  THE  REFORMATORY  PRISON  FOR  WOMEN. 

Repealed.     St.  1889,  c.  294.     P.  S.,  c.  221. 

CHAPTER  348. 

AN   ACT   IN   RELATION    TO   THE    EMPLOY^MENT   OF   CHILDREN. 

Section  4  is  added  to.  St.  1890,  c.  299.  Section  7  is  amended.  St. 
1889,  c.  291.     P.  S.,  c.  48. 

CHAPTER  353. 

AN  ACT  RELATING   TO  BALLOTS  CAST   BY  WOMEN  IN  ELECTIONS 
FOR   MEMBERS   OF   SCHOOL   COMMITTEES. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S  ,  c.  7. 

CHAPTER   365. 
AN   ACT  IN    RELATION    TO   THE    EVIDENCE   GIVEN   AT  INQUESTS. 
Extended.     St.  1889,  c.  154.     P.  S.,  c.  26. 

CHAPTER   375. 
AN  ACT   TO   PROTECT  THE   PURITY   OF  INLAND    WATERS,  Etc. 
Added  to.     St.  1890,  c.  441.     P.  S.,  e.  80. 

CHAPTER   382. 

AN  ACT  FOR  THE  FINAL  DETERMINATION  OF  CONTESTS  CON- 
CERNING THE  APPOINTMENT  OF  ELECTORS  OF  PRESIDENT 
AND   VICE-PRESIDENT   OF   THE   UNITED    STATES. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  9. 

CHAPTER   388. 

AN  ACT  RELATIVE  TO  THE  DISCHARGE  OF  SMALL  LOANS  AND  THE 
REDEMPTION  OF  THE  SECURITY  GIVEN  FOR  SUCH  LOANS. 

Limited.     St.  1890, c  416,  §  6.     P.  S.,  c.  102. 

CHAPTER   390. 

AN   ACT  TO  AMEND  AND    CODIFY    THE    STATUTES  RELATING  TO 
THE   COLLECTION   OF   TAXES. 

Sections  2,  28,  29,  41  and  forms  5,  6  and  7  are  repealed  and  sections  3. 
7,  8,  19,  23,  24,  30,  32,  33,  37,  49,  51,  69,  72  are  amended.  St.  1889,  c, 
334.     Section  7  is  further  amended.     St.  1890,  c.  331,  §  2.     P.  S.,  c  12. 


Table  op  Changes.  805 


1888  —  Concluded. 

CHAPTER  413. 

AX    ACT    IX    RKLATIOX    TO     SAFE     DI<]POSIT,    LOAN    AND     TRUST 

COMPANIES. 

Aflfected.     St.  1890,  c.  315.     P.  S.,  c.  118a. 

CHAPTER   411). 
AX    ACT  RELATING    TO   PROCEDURE   IN   POOR  DEBTOR    MATTERS. 
Amended.     St.  1889,  c.  415.     P.  S.,  c.  162. 

CHAPTER   426. 

AN  ACT  IN  RELATION  TO  WAYS  OF  EGRESS  AND  MEANS  OF  ESCAPE 
FROM   FIRE   IN   CERTAIN  BUILDINGS. 

Appeal  given.     St.  1890,  c.  438.     P.  S.,  c.  104. 

CHAPTER   429. 

AN   ACT   CONCERNIXG  FRATERNAL   BENEFICIARY    CORPORATIONS. 

Not  affected  bv  St.  1890,  c.  421,  §  1.     Sections  9-12  are  amended.     St. 
1890,  c.  341.   P.  S.,c.  119. 

CHAPTER   431. 

AN  ACT   TO   AID   SMALL  TOWNS  TO  PROVIDE  THEMSELVES  WITH 
SCHOOL   SUPERINTENDENTS. 

Section  4  is  amended.     St.  1890,  c.  379.     P.  S.,  c.  44. 

CHAPTER   434. 

AX  ACT  TO  PROVIDE  FOR  TAKIXG  THE  VOTE  UPOX  THE  QUESTION 
OF  GRANTING  LIQUOR  LICENSES  IN  TOWNS,  Etc. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 

CHAPTER   436. 

AX  ACT  TO  PROVIDE  FOR  PRINTING  AND  DISTRIBUTING  BALLOTS 
AT  THE  PUBLIC  EXPENSE  AND  TO  REGULATE  VOTING  AT  STATE 
AND   CITY  ELECTIONS. 

Amended.     St.  1889,  c.  413.     Section  20  is  affected.     St.  1890,  c.  219. 
P.  S.,  c.  7. 

CHAPTER   438. 

AN  ACT  FOR  THE  RELIEF,  IN  CASES  OF  NECESSITY,  OF  PERSONS 
WHO  SERVED  IX  THE  ARMY  OR  XAVY  OF  THE  UNITED  STATES 
DURING  THE  WAR  OF  THE  REBELLION  AND  THEIR  DEPENDENT 
FAMILIES. 


Repealed.     St.  1889,  c.  298.     P.  S.,  c.  30. 


806  Public  Statutes. 


Statutes,  1889. 

CHAPTER  32. 

AN  ACT  PROVIDING  FOR  THE  PRINTING  AND  DISTRIBUTION  OF 
ADDITIONAL  COPIES  OF  THE  MANUAL  FOR  THE  GENERAL 
COURT. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  35. 

AN  ACT  RELATIVE    TO    PRINTING    ADDITIONAL    COPIES    OF   THE 
REPORTS   OF   THE   INSURANCE   COMMISSIONEll. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  69. 

AN  ACT  TO  ENABLE  CITIES  TO  CHANGE  THEIR  BOARDS  OF  REG- 
ISTRARS OF  VOTERS  SO  THAT  THE  CITY  CLERK  SHALL  NOT 
BE   A   MEMBER  THEREOF. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 

CHAPTER  98. 

AN  ACT    TO    PROVIDE    FOR    THE    APPOINTMENT    OF    A   SUPERIN- 
TENDENT  OF   STREETS   IN  TOWNS. 

Error  corrected.     St.  1889,  c.  178.     P.  S.,  c.  27. 

CHAPTER  101. 

AN  ACT  CONCERNING  THE  EMPLOYMENT  OF  CLERKS  AND  OTHER 
ASSISTANCE  IN  THE  DEPARTMENT  OF  THE  SECRETARY  OF 
THE   COMMONWEALTH. 

Section  1  is  repealed.     St.  1890,  c.  239.     P.  S.,  c.  15. 

CHAPTER  108. 

AN  ACT  ENABLING  TOWNS  TO  AUTHORIZE  BOARDS  OF  HEALTH 
TO  ENFORCE  REGULATIONS  CONCERNING  HOUSE  DRAINAGE. 

Affected.     St.  1890,  c.  132.     P.  S.,  c.  50. 

CHAPTER  114. 

AN  ACT  TO  FIX  THE  PENALTIES  FOR  VIOLATIONS  OF  THE  LIQUOR 

LAWS. 

Operation  restricted.     St.  1889,  c.  268.     P.  S.,  c.  100. 


Table  of  Changes.  807 


1889 —  Continued. 

CHAPTER  124. 

AX  ACT    RELATING    TO    ELECTROTYPIN(i    THE    REPORTS   OF   THE 
BUREAU   OF   STATISTICS   OE   LABOR. 


Repealed.     St.  1889,  e.  440,  §  14.     P.  S.,  c.  4. 


CHAPTER  135. 

AX  ACT  TO  AMEND  AX  ACT  RELATING  TO  THE  EMPLOYMENT 
OF  J\IIX0RS  WHO  CAXNOT  READ  AND  WRITE  IN  THE  EN- 
GLISH  LANGUAGE. 


Affected.     St.  1800,  c.  48.     P.  S.,  c.  74. 


CHAPTER  150. 

AX     ACT     PROVIDIXG    FOR     PRINTING    THE     JOURNALS     OF    THE 
SENATE  AND   HOUSE   OF   REPRESENTATIVES. 

Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  164. 

AN  ACT  PROVIDING  FOR  PRINTING  ADDITIONAL  COPIES  OF  THE 
REPORT  OF  THE  TRUSTEES  OF  THE  MASSACHUSETTS  AGRI- 
CULTURAL  COLLEGE. 


Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  c.  4. 

CHAPTER  186. 

AN   ACT   RELATIVE   TO   THE   SALE   OF  INTOXICATING  LIQUOR   ON 
DAYS   OF   SPECIAL   ELECTIONS   IN   CITIES. 

Extended.     St.  1889,  c.  361.     P.  S.,  c.  100. 

CHAPTER   196. 

AN  ACT  TO  REGULATE  THE  ASSESSMENT  AND  REGISTRATIOX  OF 

VOTERS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  e.  6. 

CHAPTER   212. 

AX   ACT  TO   PROVIDE   FOR  THE   FURTHER  AXD   SPEEDIER   PUBLI- 
CATIOX   OF   THE   LAWS. 


Repealed.     St.  1889,  c.  440,  §  14.     P.  S.,  e.  4. 


808  Public  Statutes. 


1889 — Continued. 

CHAPTER   237. 

AN  ACT  FIXING  THE  TIMES  AND  PLACES  FOR  HOLDING  PROBATE 
COURTS  FOR  THE  COUNTY  OF  PLYMOUTH. 

Amended.     St.  1889,  c.  269.     P.  S.,  c.  156. 

CHAPTER   298. 

AN  ACT   TO  AUTHORIZE   CITIES   AND  TOWNS  TO  FURNISH  RELIEF 
TO  SOLDIERS,  SAILORS,  Etc. 

Superseded.     St.  1890,  c.  447.     P.  S.,  c.  30. 

CHAPTER   334. 

AN  ACT  TO  AMEND  CHAPTER  THREE  HUNDRED  AND  NINETY  OF 
THE  ACTS  OF  THE  YEAR  1888  RELATING  TO  THE  COLLECTION 
OF  TAXES. 

Section  3  amended.     St.  1890,  c.  331,  §  2. 

Section  4  is  affected.     St.  1890,  c.  331,  §  1.     P.  S.,  c.  12. 

CHAPTER   404. 

AN  ACT  RELATIVE   TO  THE  COLLECTION  OF  TAX  BILLS  AND  THE 
REGISTRATION   OF   VOTERS. 

Sections  1,  3,  4,  5  are  repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  6. 

CHAPTER   408. 

AN    ACT    IN    RELATION    TO    THE    OFFICERS    OF    THE    MASSACHU- 
SETTS REFORMATORY. 

Section  1  is  amended.     St.  1890,  c.  255.     P.  S.,  c.  221. 

CHAPTER   413. 

AN  ACT    TO    AMEND    AN    ACT    TO    PROVIDE    FOR   PRINTING    AND 
DISTRIBUTING  BALLOTS   AT   PUBLIC   EXPENSE,   Etc. 

Sections  21-30  are  extended.     St.  1890,  c.  386. 
Amended.     St.  1890,  c.  436.     P.  S.,  c.  7. 

CHAPTER  414. 

AN    ACT    TO    ESTABLISH     THE     MASSACHUSETTS     HOSPITAL    FOR 
DIPSOMANIACS   AND   INEBRIATES. 

Section  4  is  amended.   ,  St.  1890,  c.  251.     P.  S.,  c.  87. 


Table  of  Changes.  809 


lSS9—Conclu(lecU 

CHAPTER   415. 
AN  ACT  RELATING  TO  THE  PROCEDURE  IN  POOR  DEBTOR  MATTERS. 
Sectiou  3  is  ameuded.     St.  1890,  c.  128.     P.  8.,  c.  1G2. 

CHAPTER   440. 

AN  ACT  CONCERNING  THE  PRINTING  AND  DISTRIBUTION  OF  THE 
LAW  AND  PUBLIC   DOCUMENTS. 

Sectiou  7  is  added  to.     St.  1890,  c.  50,  97,  126.     P.  S.,  c.  4. 

CHAPTER   442. 

AN  ACT  TO  PROVIDE  FOR  DETERMINING  THE  VALIDITY,  NATURE 
OR  EXTENT  OF  CERTAIN  INCUMBRANCES  UPON  TITLES  T( ) 
REAL  ESTATE. 

Amended.     St.  1890,  c.  427,  §  2.     P.  S.,  c.  176. 

/■ 

CHAPTER   452. 

AN  ACT  RELATIVE   TO   TFIE  CARRYING   ON   OF   THE   BUSINESS   OF 
SAVINGS   AND   CO-OPERATIVE   BANKS,  Etc. 

Affected.     St.  1890,  c.  310.     P.  S.,  c.  117. 

CHAPTER   464. 

AN  ACT  CONCERNING    THE    ATTENDANCE    OF    CHILDREN  IN  THE 

SCHOOLS. 

Sectiou  1  is  ameuded.     St.  1890,  c.  384.     P.  S.,  c.  44. 


Statutes,  1890. 

CHAPTER    175. 

AN   ACT   TO  PROVIDE   FOR   THE   RETURN  OF  RECORDS   OF    VOTES 
CAST  FOR  REPRESENTATIVES   IN  THE   GENERAL  COURT. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER    219. 

AN   ACT  TO   AMEND   AN    ACT    RELATIVE    TO    THE    APPOINTMENT 
OF  ELECTION   OFFICERS. 

Repealed.     St.  1890,  e.  423,  §  228.     P.  S.,  c.  7. 


810  Public  Statutes. 


1890  —  Concluded. 

CHAPTER  223. 

AN  ACT  TO  PROVIDE  FOR  RETURNS  AND  PUBLICATION  OF  THE 
NUMBER  OF  ASSESSED  POLLS,  REGISTERED  VOTERS  AND  BAL- 
LOTS  CAST  AT   CITY,  TOWN   AND   STATE   ELECTIONS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  7. 

CHAPTER  230. 

AN  ACT  TO  PROVIDE  FOR  LICENSING  PERSONS  TO  KEEP  MORE 
THAN   FOUR  HORSES  IN   CERTAIN   BUILDINGS   OR  PLACES. 

Amended.     St.  1890,  c.  395.     P.  S.,  e.  102. 

CHAPTER  284. 

AN  ACT  RELATIVE   TO   THE   ISSUING    OF   SEARCH   WARRANTS    IN 

CERTAIN   CASES. 

Added  to.     St.  1890,  c.  452.     P.  S.,  e.  212. 

CHAPTER  305. 
AN  ACT   TO  PROVIDE  FOR  THE  PRINTING  OF  LISTS  OF  ASSESSED 
POLLS  IN  TOWNS  CONTAINING  OVER  FIVE  THOUSAND  INHABI- 
TANTS. 

Repealed.     St.  1890,  c.  423,  §  228.     P.  S.,  c.  27. 

CHAPTER  355. 

AN  ACT    TO    AUTHORIZE    THE    CITY    OF    BOSTON    TO    INCUR    IN- 
DEBTEDNESS, Etc. 

Amended.     St.  1890,  c.  405.     P.  S.,  c.  29. 


A  TABLE 


THE  SUBJECTS  OF  LEGISLATION  SINCE  THE  PUBLIC  STAT- 
UTES, WITH  REFERENCE  TO  THE  CHAPTERS  OF  THE 
PUBLIC  STATUTES. 


ABSENT  DEFENDANTS. 

notice  where  real  estate  is  attached  .  c.  164 

default c.  164 

ACCIDENT    INSURANCE    COM- 
PANIES, 

taxation  of  foreign c.  13 

ACCIDENTS. 

notice  of   . c.  74 

ACCOUNTS. 

advances c.  16 

certification  of  bills c.  23 

controller  of c.  16 

contents  of  report c.  16 

deposit  of  moneys c.  16 

money  for  small  expenses  ....  c.  16 
of  assignees  to  be  sworn  to      .     .    .  c.  157 
failure  to  make  returns,  etc.    ...  c.  16 
forms  for,  secretary  no  longer  to  fur- 
nish      c.  16 

of  sales  of  public  property  ....  c.  16 

of  fines,  etc c.  16 

of  public  institutions c.  16 

payments  by  clerks c.  16 

ADMINISTRATORS. 

appointment  without  notice     .     .     .  c.  130 

appointment  when  conclusive  .     .     .  c.  130 

bond  without  sureties c.  130 

confirmation  of  acts c.  142 

after  twenty  j-ears c.  130 

notice  of  appointment  and  sales  .     .  c.  134 
public   funds   received    from,   how 

claimed c.  131 

private  sales c.  134 

with  will  annexed  may  compromise  .  c.  142 

ADULTERATION. 

of  butter c.  ^Q 

of  food  and  drugs,  analysis      .      cc.  58,  208 

of  lard c.  56 

of  milk c.  57 

of  vinegar c.  60 

powers  of  inspector c.  58 

report  of  state  board  ....      cc.  58,  208 

ADVANCES. 

to  state  officers  for  small  expenses   .  c.  16 

for  witness  fees c.  154 


AGENT  FOR  PENSIONS,   ETC. 

to  be  appointed c.  30 

AGREEMENT. 

to  make  will  must  be  in  writing  .     .      c.  78 

AGRICULTURE,   BOARD   OF. 

allowance  for  clerks c.  20 

salary  for  secretary c.  20 

salary  for  clerk c.  20 

AGRICULTURAL  COLLEGE. 

expenses c.  zO 

AGRICULTURAL  EXPERIMENT 
STATION, 
appropriation  by  United  States  ac- 
cepted      ••20 

board  of  control  incorporated  .    .    .     c.  20 

members  of '^'on 

reports c.  20 

AGRICULTURAL    SOCIETIES. 

bounties '^^  |}* 

mortgages <^-  1^* 

ALDERMEN.  „ 

notice  of  election c.  -» 

when  ineligible  to  other  office  ...      c.  28 

ALMSHOUSE. 

persons   leaving  and  begguig  pun- 

ished c.  86 

transfer  of  inmates c.  8b 

trustees ^-  ^° 

ALMSHOUSE,  STATE. 

superintendent    and    resident    phy- 

sician C.86 

ANIMALS. 

See  Contagious  Diseases. 

See  Deer. 

ANNUAL  FINANCIAL  ESTIMATES.^^ 

APOTHECARY. 

See  Pharmacy. 

APPEALS. _     ,  „   ,-0 

costs  on  frivolous \ni 

from  inspection  of  buildings    .     .     .  c.  1U4 

ejectment,  bond  not  recognizance     .  c.  I/O 

failure  to  enter <=.  iou 


812       Subjects  o:^  New  Legislatioi^,  1882-1890. 


APPEALS  -  Concluded. 

fees  of  jailer c.  155 

from  orders  of  boards  of  health  .     .  c.  80 
from  assessment  of  taxes    .     .     .  cc.  11,  13 

probate c.  156 

practice  where  to  superior  court  .     .  c.  1-56 

replevin c.  155 

APPORTIONMENT, 
of  taxes. 

See  Taxes. 

APPRAISERS. 

fees c.  199 

ARBITRATION. 

state  board  of c.  74 

assistants  for c.  74 

ARBITRATORS. 

fees  to  be  paid  by  countj'    .    .    cc.  159,  187 

ARMORIES. 

provisions  for '   c.  14 

ARRESTS. 

absence  or  disability  of  magistrate  .  c.  162 

confinement  pendin'ir  examination    .  c.  162 

expiration  of  execution c.  162 

fees c.  162 

form  of  notices c.  162 

new  notices c   162 

notice  of  examination  required    .     .  c.  162 

of  children c.  212 

practice c.  162 

return  of c.  219 

service  of  notices c.  162 

ASSAYER  OP  LIQUORS. 

duties c.  100 

salary c.  100 

ASSESSMENT. 

of  voters c.  6 

of  women c.  6 

districts c.  11 

table  of  apg'regates c.  11 

time  extended c.  11 

for  betterments,  notice  of    ...    .  c.  51 
See  Taxation. 

ASSESSORS. 

compensation  of c.  159 

to  report  when c.  159 

See  Masteijs  in  Chancery. 

ASSESSORS  OF  TAXES. 

election  of c.  27 

access  to  books c.  11 

oath  of c.  27 

over  or  under  valuation  punished     .  c.  27 

to  return  cattle  and  swine  ....  c.  11 

to  return  lists  of  exempt  property     .  c.  11 

to  return  lists  of  sinking  funds    .     .  c.  11 

to  post  lists  of  polls c.  11 

buildings  and  tax  payers     ....  c.  11 
when  returns  and  copies  of  valuation 

books  are  to  be  deposited    ....  c.  11 
See  Towns  and  Town  Ofi'icers. 

ASSIGNEE. 

See  Insolvency. 

ASSIGNMENT. 

voluntary,  valid c.  157 

notice  to  be  given c.  157 


ASYLUMS. 

for  chronic  insane c.  87 

fire  escapes,  and  apparatus  ....  c.  87 

for  habitual  drunkards c.  87 

homeopathic c.  87 

trustees c.  87 

ATTACHMENT. 

benefits    in    assessment    insurance 

companies  exempt c.  119 

form  of  bonds  to  dissolve    .     .     •     .  c.  161 

release  of  sureties c.  161 

of  absent  defendant c.  161 

of  newspaper  office c.  161 

of  real  estate c.  161 

ATTORNEY  GENERAL. 

assistant c.  17 

salary  of  assistant c.  17 

copies  of  bills  of  exceptions,  etc.,     .  c.  153 

law  clerk  made  second  assistant  .    .  c.  17 

reports  of  capital  trials c.  17 

salary  of c.  17 

ATTORNEYS  AT  LAW. 

engagements  of c.  167 

fee  for  admission c.  159 

women  may  be c.  159 

women  who  are,  may  be  authorized 

to  administer  oaths,  etc.    .     .     .  c.  159 
cannot  be  judge  in  suit  which  has 

been  before  him c.  159 

AUCTIONEER. 

residence c.  67 

fraudulent  sales c.  67 

bankrupt  sales c.  67 

sales  for  strangers c.  67 

time  of  sales c.  67 

AUDITOR,  STATE. 

clerks,  salary  of c.  16 

additional  clerk c.  16 

financial  estimates  to  be  made  to      .  c.  16 

report  when  submitted  and  abstract  c.  16 

salarj- c.  16 

AUDITOR,  TOWN. 

See  Town. 

AUDITORS. 

fee  for  rule  to c.  159 

to  report  when c.  159 

in  probate  court c.  159 

BAIL. 

discharge  of • .     .     .     .  c.  163 

fees  for  taking c.  212 

for  money c.  212 

BALLOTS. 

Australian  system c.  7 

in  towns c.  27 

BANKS. 

foreign,  to  indicate  country     .     .     .  c.  118 

taxation  of c.  13 

BARBED  WIRE  FENCES. 

against  sidewalks  forbidden    ...  c.  54 

BASTARD. 

descent  of  lands  of c.  125 

BASTARDY. 

complaint  to  whom,  and  warrant  by 

whom c.  85 


Subjects  of  New  Legtslatiox,  1882-1890.       813 


BATHING. 

in  ponds  used  for  water  supplv  for- 
bidden     ."    .     .      c.  80 

BEANS. 

weight  of c.  60 

BEETS. 

bounty  for  susjar c.  77« 

BENEFICIARY  ASSOCIATIONS, 
ijy    railroad     and    steanilioat    em- 
ployees     c.  113 

general  provisions c.  II.t 

returns c.  115 

transfer  of  business  forbidden      .     .  c.  115 

BETTERMENTS. 

may    by  assumed  for  a  release  of 

land  damages c.  51 

interest  on,  liens  for c.  51 

notice  of  assessment c.  51 

on  county  ways c.  51 

railroad  crossings cc.  51,  112 

BILLS  OF  EXCEPTIONS. 

copies  to  attorney  general  .     .     .     .    c.  153 

BILLS  AND  NOTES. 

holidays c.  77 

uncertain  time  of  payment  .     ...      c.  77 

BIRDS. 

black  duck c.  92 

English  sparrows c.  92 

partridges c.  92 

protection  of c.  92 

woodcock c.  92 

BIRTHS. 

non-resident  parents c.  32 

records  may  be  copied c.  37 

returns  of,  by  physicians  and  mid- 
wives      c.  32 

BLACK  DUCK. 

protected c.  92 

BLOODHOUNDS. 

not  to  be  kept c.  102 

BOARD  OF  AGRICULTURE. 

See  AGKICILIUKE,  BOAKD  OF. 

BOARD  OF  EDUCATION. 

See  Education,  Board  of. 

BOARDING  AND  LODGING  HOUSES, 
procurmg entertainment  traudulently,  c.  102 
keepers  to  post  notices  of  laws  as  to 

fraud c.  102 

BODIES  FOR  BURIAL, 
bee  BuKiAL. 

BOND. 

on  appeal c.  175 

on  appeal  in  replevin  .     .     .     .    cc.  155,  184 

to  prosecute  review e.  187 

to  dissolve  attachment c.  161 

See  AlTACHMENT. 

BONDS,  OFFICIAL. 

custody  of c.  21 

examination  of c.  21 

BONDS  AND  NOTES. 

probate,   foreign   fidelity   insurance 

companies  may  be  sureties    .     .    c.  143 
See  Railroads. 
BOOKS. 

corrupting  to  youth c.  207 

BOUNDARY  OP  STATE  ....   c.  1 


BOUNDARIES. 

of  towns c.  27 

BOUNTIES. 

agricultural    and    horticultural    so- 
cieties        c.  114 

beets c.  77« 

BOUNTY  LOAN  SINKING  FUND. 

transfer  lo c.  14 

BRIDGES. 

examination  of  railroad      .     .    .     .  c.  112 

fast  driving  over c.  53 

BUILDINGS. 

appeal  from  inspection c.  104 

elevators c.  104 

fire  curtain  in  theatres c.  104 

fire-escapes c.  104 

inspection  of cc.  103,  104 

inspection  of  elevators  and  hatchways,  c.  104 
inspection  of,  watchmen, fire-escapes, 

etc., c.  104 

means  of  egress c.  104 

plans  to  be  submitted c.  104 

sanitary  provisions  and  ventilation  .  c.  104 

unsafe  elevators  to  be  placarded      .  c.  104 

watchmen c.  104 

wooden  flues  forbidden c.  104 

BUREAU  OF  STATISTICS  OP  LABOR. 

clerks c.  32 

"  of  labor  "  added c.  4 

papers  may  be  destroyed     ....  c.  31 

reports c.  4 

BURGLARY. 

minimum  penalty c.  203 

BURIAL  PLACES. 

commissioners c.  82 

funds  for,  received  by  cities  or  towns,    c.  82 

gifts  for     ....  ' c.  82 

removal  of  flowers,  etc c.  207 

BURIAL. 

of  unclaimed  bodies c.  84 

paupers c.  84 

permits  to  bury  or  remove  bodies     .  c.  32 

records  of c.  32 

returns  of  undertakers c.  32 

BURIAL  LOT. 

of    liusband,   rights  of  widow  and 

children  in cc.  82,  144 

BUTTER. 

adulterated,  how  marked    ....  c.  56 

false  marks  punished c.  56 

imitations  of c.  56 

inspectors'  power c.  56 

See  Cheese. 

CANALS. 

fencing c.  53 

CAPITAL  TRIALS. 

reports  of cc.  4,  17 

special  terms  for c.  130 

CARRIAGES. 

reguiaiiou  of c.  28 

refusing  to  pay  for c.  203 

CATTLE. 

certification  of  pedigrees      ....  c.  77a 

contagious  diseases  among  ....  c.  90 

CATTLE  COMMISSIONERS. 

tenure  of  office c.  90 

to  investigate  abortion  among  cattle  c.  90 

mMy  administer  oaths c.  90 


814       Subjects  of  I^ew  Legislation,  1882-1890. 


CAUCUSES. 

regulated c.  7 

CEMETERIES. 

closing c.  82 

records  of  titles  of  lots c.  82 

rights  of  widow  and  children  .      cc.  82,  147 

taking  for  railroads c.  112 

See  BuKiAL  Places. 

CENSUS. 

ot  manufactures  annually    ....     c.  31 

provided  for c.  31 

returns  of  inhabitants  and  voters  for 

new  wards c.  28 

CHARITABLE  ASSOCIATIONS 

par  value  of  stock c.  115 

lists  of  property  exempt  from  taxa- 
tion  cc.  11,  13 

CHECK  LIST. 

mjury  to cc.  7,  203 

CHECKS. 

payaole  after  drawer's  death    ...     c.  77 

CHEESE  AND  BUTTER. 

false  marks  punished c.  56 

powers  of  inspectors c.  56 

what  brands  necessary c.  56 

CHILDREN. 

abandonment c.  48 

age  and  schooling  certificates  to  be- 
long to  child c.  48 

arrest cc.  89,  212 

attendance  at  schools c.  47 

attending  shows c.  102 

boys  over  fifteen  not  to  go  to  reform 

school c.  89 

cleaning  dangerous  machinery    .  cc.  48,  74 

commitment c.  155 

deaf  mute  and  blind c.  41 

deserted  and  neglected,  officer  to  be 

detailed c.  79 

care  and  education  of,  neglected  .    .      c.  48 

employment  of cc.  48,  207 

imprisonment cc.  89,  212,  215 

indigent  and  neglected c.  84 

enticing,  from  school  punished     .    .     c.  48 

meal  times c.  48 

night  labor c.  74 

not  to  be  furnished  with  fire-arms  or 

dangerous  weapons c.  102 

not  to  sell  papers  devoted  to  criminal 

news c.  48 

neglect  to  support,  punished  ...  c.  48 
not  to  be  admitted  to  shows  .  .  .  c.  102 
notice  to  board  of  lunacy  and  charity     c.  86 

officer's  fees c.  89 

pauper  and  neglected  •     .    .    .  cc.  84,  87,  89 

peddling  or  begging c.  68 

permit  to  labor cc.  48,  74 

receiving  infants  to  board  ....  c.  80 
sanitary  provisions,  where  employed     c.  48 

selling  on  street  cars c.  48 

sent  to  hospital  cottages      ....      c.  86 

truants c.  48 

violating  rules  of  school c.  48 

See  Bastards;  Infants;  Lyaian  School  for 

Boys;  Neglected  Children. 
CHRISTMAS. 

next  day  holiday  when  on  Sunday,  cc.  2, 160 


CHURCHES. 

incorpoi-ation  of c.  38 

records  of  extinct, c.  37 

trustees  of c.  39 

CIDER  APPLES. 

weight  of c.  60 

CIGARETTES. 

sale  or  gift  to  children c.  208 

CITIES. 

appropriation  for  civil  service  ...  e  27 

debt,  limited c.  29 

evening  high  schools c.  44 

mayor,  vacancy  of  office     ....  c.  28 

may  indemnify  police c.  28 

may  require  all  fees  to  be  paid  into 

treasury c.  28 

may  contract  with  other  cities  for 

sewers  to  protect  water  supply  .  c.  81 

members  ofcouncil  ineligible  to  office  c.  28 

new  division c.  28 

new  wards  abolished c.  28 

notice  of  election  to  officers     ...  c.  28 

return  of  division  of  wards     ...  c.  28 

sewage,  disposal  of c.  50 

soldiers'  monuments c.  27 

veto  of  separate  items c.  28 

wards,  division  into c.  28 

watering  streets c.  28 

See  Towns. 

CIVIL  SERVICE. 

regulated Title  vii. 

application  to  be  under  oath    .    .   Title  vii. 

appropriations  for c.  27 

extended Title  vii. 

rules,  to  whom  sent Title  vii. 

soldiers  and  sailors Title  vii. 

tenure  of  office Title  vii. 

CLERK   OP    COUNTY. COMMIS- 
SIONERS, 
pro  tem cc.  22,  159 

CLERKS   OF  THE   COURTS. 

accounts  and  books c.  159 

allowances  for  expenses      .     .     .     .  c.  159 

assistants c.  159 

fac-simile  of  signature    .    »     .    .     .  c.  161 

fees c.  159 

payment  over  of  fees c.  159 

salaries c.  159 

signature  of  assistant c.  159 

CLERKS  OF  THE   POLICE   COURTS. 

salaries c.  154 

CLERKS  OP  GENERAL  COURT. 

assistant,  certain  documents  for  .     .  C.  4 

assistant,  salary e.  2 

may  employ  assistance c.  2 

salary'  increased c.  2 

CLERKS  OF  TOWNS  AND   CITIES. 

to  keep  indexes c.  37 

to  account  for  fees  from  dog  licenses  c.  102 

CLUBS. 

for  illegal  purposes c.  115 

COAL. 

baskets  and  measures c.  60 

See  Sales. 

COLLECTION  OF  TAXES. 

law  codified c.  12 


Subjects  of  IS'ew  Legislation,  1882-1890.       815 


COLLECTOR  OF  TAXES. 

return  of  wiirrant C.  12 

fees c.  12 

books  of c.  12 

COLOR  BLINDNESS. 

t>ee  Kailkoads. 

COMMERCIAL  FERTILIZERS. 

inspeciioii  and  sale C.  60 

COMMISSIONER    OF    FOREIGN 
MORTGAGES, 
returns c.  4 

COMMISSIONERS  OF  PRISONS. 

clerical  assi^tance c.  219 

saliry  of  secretarj' c.  219 

forms  for  criminal  returns  ....  c.  15 

COMMISSIONER  OF  STATE  AID. 

salary c.  30 

COMMISSIONER  OF  WRECKS. 

l.ionds  and  powers C  97 

COMMISSIONERS. 

before  whom  sworn c.  18 

COMMON  CARRIERS. 

not  to  transport  certain  Ijodies ...     c.  32 

COMMON  COUNCILMEN. 

notice  of  election c.  28 

when  ineligiijle  to  other  office  ...  c.  28 
COMMON    LANDING  PLACE. 

location  of c.  49 

COMMON   VICTUALLER. 

expiration  of  licenses c.  102 

time  of  closing c.  100 

COMMONWEALTH  BUILDING. 

care  of c.  5 

COMMONWEALTH. 

actions,  contingent  expenses     ...  c.  17 

funds  how  invested c.  15 

claims  against c.  195 

COMPLAINTS. 

form  of c.  213 

COMPOSITION. 

with  creditors  in  insolvency  .  .  .  c.  157 
CONDITIONAL  SALES. 

of  furniture  or  household  goods  .  .  c.  192 
CONDITIONS. 

affecting  real  estate,  construction      .    c.  126 

deteriuining  validity c  176 

CONGRESSIONAL  DISTRICTS. 

established c.  9 

CONNECTICUT  RIVER. 

log  driving  on C.  94 

CONSTABLES. 

salaries c.  154 

names  to  be  returned c.  27 

CONTAGIOUS    DjSEASES. 

to  1)6  reported c  80 

provisions  revised c.  80 

children  sick  wjth.not  to  attend  school  c.  47 

among  animals c.  90 

notice  of,  must  be  given c.  90 

CONTEMPT. 

acts  of  poor  debtors c.  162 

commitments  for c.  205 

CONTROLLER  OF  ACCOUNTS. 

to  be  appointed c.  16 

deputies c.  16 


CONVICTS. 

discharge  on  condition  ;  permit  to  be 

at  large c.  220 

employment cc.  219,  221 

r  ^vocation  of  permit  and  remand     .  c.  222 
permit  void  for  violation  of  condition, 

cc.  220,  221,  222 

successive  sentences c.  215 

CO-OPERATIVE  ASSOCIATIONS. 

general  provisions c.  117 

CO-OPERATIVE   BANKS. 

annual  returns c.  117 

formation,  consent  of  commissioners,  c.  117 

foreign,  not  to  do  Ijusiness  .     .    .     .  c.  117 

foreign,  regulated c.  117 

loans  on  shares c.  117 

on  what  real  estate  may  loan  .     ,     .  c.  117 

regulated c.  117 

taxation c.  13,  117 

CO-OPERATIVE   LOAN  AND  FUND 
ASSOCIATIONS. 

name  changed  to  co-operative  banks, 

cc.  13,  117 
COPIES. 

See  Evidence. 

CORPORATIONS. 

agents  for  foreign c.  105 

alteration  of  business c.  106 

certificates  of  condition,  filing      .     .  c.  108 

charitable,  etc.,  increase  of  capital    .  c.  115 

churches c.  S8 

clubs c.  115 

for  building  factories,  etc c.  105 

for  cremating  the  dead c.  106 

for  guaranteeing  titles c.  106 

for  making  gas  for  fuel c.  106 

foreign cc.  13, 105 

foreign,  insolvency c.  157 

insolvent,  unclaimed  money  in,  cc.  116,  119 

may  hold  real  estate,  foreign   .     .     .  c.  105 

list  of  stockholders  to  be  furnished  .  c.  106 

may  aid  hospitals c.  106 

officers  soliciting  proxies     .     .     .     .  c.  105 

preservation  and  binding  of  returns  e.  108 

proxy  voting c.  106 

record  of  transfer  of  stock  ....  c.  105 

returns  required cc.  105,  106 

special  stock  for  employees     .     .     .  c.  106 

statements  when  required   .     .    .     .  c.  105 

taxation  of c.  13 

taxation  of  foreign  mining,  quarrying 

and  oil  companies c.  13 

time  for  appointment  of  receivers    .  c.  105 

to  return  acceptance  of  acts     ...  c.  3 

COSTS. 

appeals  from  taxation  of     .    .     .     .  c.  198 
instead  of  copies,  schedule  sent  to 

treasurer c.  217 

not  taxed  against  persons  sentenced,  c.  217 

on  appeals  for  abatement  of  taxes    .  c.  11 
on  removal  of  equity  suits  to  the 

supreme  court c.  152 

taxation  in  criminal  cases  .     .     .     .  c.  217 

term  fee  limited c.  198 

when  trustee  is  sued  by  defendant  .  c.  183 

COUNCILLORS. 

districts c.  8 


816       Subjects  of  New  Legislation,  1882-1890. 


COUNTY   COMMISSIONERS. 

clerks  pro  tuni cc.  22,  159 

power  to  act  nt  s-pecial  meetings  .     .     c.  22 
to  regulate  travel  over  county  bridges,    c.  53 

salaries c.  22 

sessions c.  22 

COUNTY  INSTITUTIONS. 

invoice  books c.  23 

COUNTY  OFFICERS. 

election c.  10 

COUNTY  TAXES. 

payment c.  12 

COUNTY  TREASURERS. 

annual  report c.  23 

by  whom  sworn c.  23 

salaries c.  23 

clerical  assistance c.  23 

COURTS. 

established c.  154 

vouchers  lor  expenses c.  153 

holidays c.  160 

CRANBERRIES. 

standard  measure c.  60 

CREMATION. 

authorized  and  regulated    ....      c.  82 

CRIME. 

blank  returns  of c.  219 

CRIMINAL  INSANE. 

support  of cc.  213,  214 

CRIMINALS. 

registration  of c.  209rt 

CROSSINGS. 

appeal  fr<jm  orders  as  to,  taken  away,  c.  1 12 

automatic  signals  at  railroad  .     .     .  c.  1 12 

gates  and  flagmen  at  railroad  .     .     .  c.  112 

regulation  ol  street c.  112 

CRUELTY. 

docking  horses'  tails c.  207 


DAMAGES  FOR  LAND   TAKEN. 
See  Bkitekmenis. 

DAMAGES,  HIGHWAY. 

where  separate  or  eontmgent  estates,      c.  49 
in  Nantucket  or  Dukes c.  49 

DANGEROUS  WEAPONS. 

not  to  be  furnished  to  children     .    .    c.  102 

DEAF  MUTE    CHILDREN,    ...      c.  41 

DEATHS. 

certiKcate  of  cause c.  32 

non-resident c.  32 

returns  of  undertakers  and  sextons,  c.  32 

records  of  burials c.  32 

what  return  must  contain    ....  c.  32 

DEBTOR. 

reaching  property  in  equity      .    .    .    c  151 
DEFORMED   PERSONS. 

exhibition  of,  prohiijiied c.  107 

DEER. 

protection  of c.  92 

DEGREES. 

see  Medical  Societies. 
DENTISTRY. 

regulated c.    67b 

DEPOSITIONS. 

where  other  party  does  not  appear  .    c.  169 
to  perpetuate  testimony c.  169 


DESCENT. 

of  lands  of  bastard c.  125 

DETENTION. 

of  women  arrested c.  220 

DIPSOMANIA. 

comniitment  for c.  87 

hospital c.  87 

number  of  patients c.  87 

DISCHARGED   PRISONERS. 

agents  lor c.  219 

reports  by c.  219 

assistance  to c.  219 

DISCRIMINATION. 

on  account  of  color c.  207 

DISORDERLY  PERSONS. 

on  pubHc  conveyances c.  103 

DISTRIBUTION. 

of    money  deposited  from   probate 

court c.  144 

of  personal  estate  of  married  women,  c.  135 

of  husband  without  issue     ....  c.  135 
of  real  estate  by  sale  .     .     .     .    cc.  134,  136 

DISTRICT  ATTORNEY. 

assistants c.  17 

clerks c.  17 

election c.  10 

salaries  raised c.  17 

DISTRICT  COURTS. 

See  i^oLicE  Courts. 

DISTRICT  POLICE. 

clerks c.  103 

detailed  to  assist  lioard  of  health      .  c.  80 

discharge  for  neglect c.  104 

divided  into  departments     .     .     .     .  c.  103 
inspection  of  buildings  by   .    .    cc.  103,  104 

may  examine  pawn  shops  .     .    .    .  c.  102 

need  not  be  examined  Ijy  judge  .     .  c.  103 

number  increased c.  103 

to  enforce  labor  laws c.  103 

railroad  and  steamboat  police      .     .  c.  103 

salary  raised c.  103 

DIVORCE. 

absence  raising  the  p'^esumption  of 

death c.  146 

advertising  business  of  procuring     .  c.  146 

appearance  by  particeps  criminis      .  c.  146 

form  of  decrees c.  146 

fraud  in,  punished c.  146 

jurisdiction  of  petitions  for  nullity  .  c.  145 
jurisdiction  transferred  to  superior 

court cc.  146,  152 

opium  or  drugs c.  146 

statistics c.  146 

DOG  LICENSES. 

age  of  dog C.  103 

l)loodhounds  not  to  be  kept    .     .     .  c.  102 
bonds  to  account  for  fees    .     .      cc.  27,  102 

certihcates  of  damages  regulated      .  c.  102 

law  as  to  damages  revised  .     .     .     .  c.  102 

for  breeding c.  102 

police  commissioners  in   Boston  to 

license c.  102 

spayed  female  dog c.  102 

transfer c.  102 

DOORKEEPERS    OF    SENATE    AND 
HOUSE, 
number  and  pay c.  2 


Subjects  of  New  Legislation,  1882-1800.       817 


DOORS. 

of  factory  not  to  be  fastened   .     .     .    c.  104 

DOW^ER. 

release  Ijy  ijuardian    ....    cc.  139,  147 

DRAFTS. 

payable  after  the  drawer's  death  .     .     c.  77 

DRUGGISTS. 

See  PnAiinrvcY. 

DRUGS. 

adulteration cc.  TtS,  208 

Bale  of c.  67rt 

DRUNKENNESS. 

Iiuiiislnneiit c.  207 

of  ftmale,  second  oftcnce    .     .     .     .    c.  207 

DUKES  COUNTY. 

land  damages  in c.  49 

EAST  BOSTON. 

iiarbor  lines c.  19 

EDUCATION,  BOARD  OP. 

clerk  of,  salary cc.  5,  41 

to  supervise  Perkins  institution,  etc.,      c.  41 

EJECTMENT. 

bond  instead  of  rccogiuzancc  .     .     .    c.  17'i 

ELECTIONS. 

Australian     system     of     balloting 

adopted c.  7 

anonymous  circuhirs c.  7 

caucuses  regulated c.  7 

laws  revised cc.  7,  8 

notice  of c.  28 

of  district  and  county  officers  ...  c.  10 

of  governor  and  state  officers  ...  c.  9 
of  presidential  electors  and  contests 

regulated c.  9 

presumption  of  regularity  ....  c.  7 

terms  of  court  falling  on     .     .     .     .  c.  156 
See  Ballots  ;  Towns  and  Town  Officers. 

ELECTION  CASES. 

to  be  printed c.  4 

ELECTION  SERMON. 

law  repealed c.  2 

ELECTRIC  LIGHT  COMPANIES. 

bonds c.  109 

ELECTRIC  LIGHTS. 

wires  regulated c.  109 

gas  commissioners  to  control  ...      c.  61 
See  Telegraph. 

ELEVATORS. 

custodians  of c.  104 

inspection  of c.  104 

unsafe,  to  be  placarded c.  104 

EMBEZZLEMENT. 

from  voluntary  societies c.  203 

extended c.  203 

EMPLOYERS'  LIABILITY. 

regulated c.  274 

EMPLOYMENT. 

of  minors  and  women     .     .     .     .  cc.  48,  74 

of  prisoners cc.  219,  220,  221 

piece  price  system 220 

See  Children. 

ENGINEERS. 

removal  of c.  35 

niles  of c.  3.5 

ENTERTAINMENT. 

fraudulently  procuring c.  102 


ENTRY  FEE. 

to  include  what c.  199 

EQUITY. 

reaching  property  of  debtor     .     .     .  c.  151 

of  partner c.  151 

return  day  of  process c.  152 

venue  of  suits c.  161 

See    SuvEinou    Court;    Stu-rhmr    .TinticrAL 
Court. 

EQUITY  PLEADING. 

precedents c.  151 

ESCAPE. 

of  prisoner  laboring  outside    .    cc.  220,  221 

EVENING  SCHOOLS, c.  44 

See  Schools,  Evening. 
EVIDENCE. 

copies  of  savings  bank  books  .     .     .  c.  1G9 

rules,  ordinances  and  by-laws      .     .  c.  169 

dying  declarations c.  207 

EXAMINATION. 

of  Ijonds c.  21 

adjournment  of c.  212 

See  Trial. 

EXCHANGE. 

par  of cc.  16,  77 

EXCEPTIONS. 

estaljlishing,  where  judge  is  dead,  etc.,  c.  153 

failure  to  enter c.  150 

cost  on  frivolous c.  150 

EXECUTION. 

stay c.  187 

EXECUTION   SALES. 

redemption c.  172 

suspension  of  levj' c.  171 

suspending  by  order  of  court .     .     .  c.  172 

when  another  officer  may  act  .     .     .  c.  171 

EXECUTIVE   CLERK. 

salary c.  15 

EXECUTIVE   MESSENGER. 

salary c.  15 

EXECUTOR  AND   ADMINISTRATOR. 

compromise,  parties c.  142 

confirmation  of  acts c.  142 

distribution  of  money  deposited  .  .  c.  144 
of  real  estate  by  sale  .  .  .  .  cc.  134,  136 
expenses  in  proving  will  .  .  .  .  c.  130 
fees  paid  to  sureties  on  bond  allowed,  c.  144 
guardian  ad  litem  on  accounts  .  .  c.  144 
license  to  sell  at  private  sale  .  .  .  c.  134 
notice,  proof  and  filing  .     .     .    cc.  132,  134 

EXPLOSIVE  COMPOUNDS. 

notice  of  place  of  storage    .     .     .     .    c.  102 
regulations  of  use c.  102 

EXTRADITION. 

expense c.  218 

FACTORIES. 

doors  not  to  be  fastened c.  104 

inspection  of cc.  103,  104 

sanitary  provisions cc.  48,  74 

ventilation c.  74 

FALSE   STATEMENTS. 

of  distance  travelled c.  203 

FARES. 

See  Railroads. 

FEEBLE-MINDED,  SCHOOL  FOR. 

allowance  for c.  87 

regulated c.  87 


818       Subjects  of  New  Legislation^,  1882-1890. 


PEES. 

account  of c.  16 

appraisers c.  199 

at  inquests c.  26 

court c.  199 

detailed  statement  of c.  221 

entry  fee c.  199 

for  service  of  criminal  precepts,  cc.  199,  217 

for  detention  in  lock-up c.  27 

for  summoning  witnesses    .    .     .     .  c.  199 

of  referees,  masters,  auditors  .     .     .  c.  159 

in  criminal  cases c.  199 

maj'  be  refused c.  199 

of  jailor c.  155 

of  salaried  officers,     cc.  26,  87, 199, 216,  221 

of  trial  justices c.  199 

of  witnesses c.  199 

taxation,  where  state  is  party  .     .     .  c.  159 

FENCES. 

Ijarbed  wire,  regulated c.  54 

when  nuisances cc.  36,  180 

FERTILIZERS,   COMMERCIAL. 

licenses  to  sell c.  60 

FIDELITY  INSURANCE  COMPANIES. 

formation c.  143 

foreign,  may  be  sureties      .     .     .     .  c.  143 

taxation  of  foreign c.  13 

FINANCIAL  ESTIMATES. 

to  whom  made  .     .              .     .  c.  16 

PINES. 

account  of c.  16 

payment  of c.  217 

FIRE. 

engineers  may  be  removed  ....  c.  35 

equipment  required c.  35 

escapes c.  104 

forest,  to  be  reported c.  35 

inquests c.  216 

negligent,  punished c.  203 

returns  of  tires c.  35 

rules  of  engineers c.  35 

FIRE-ARMS. 

not  to  be  sold  to  children    .     .     .     .  c.  102 

trespass  with c.  203 

FIRE-ESCAPES. 

required cc.  87,  103,  104 

FISH. 

protection  of c.  9 

alewives c.  9 

bait c.  9 

Ijlue-fish c.  9 

clams c.  9 

eels c.  9 

fines  and  forfeitures,  dispositicm  of  .  c.  9 

forfeiture  of c.  9 

cultivating,  where  leases  forfeited    .  c.  9 

leases  abolished c.  9 

lobsters c.  9 

nets c.  9 

open  time  for  certain,  extended   .     .  c.  9 

oyster  licenses c.  9 

ponds,  occupation c.  9 

pickerel c.  9 

land-locked  salmon c.  9 

rights  of  riparian  proprietors  ...  c.  9 

sawdust c.  9 

scallops c.  9 


PISH  —  Concluded. 

seals c.  91 

seines c.  91 

shad c.  91 

shell-fish c.  91 

taking  from  seines,  etc.,  punished    .  c.  91 

trout c.  91 

weighers  of c.  56 

PISH  COMMISSIONERS. 

power  of c.  91 

FISHERMEN. 

wages  or  lay  not  exempt  from  trustee  c.  183 
POOD. 

adulteration  of cc.  58,  208 

FOREIGN  CORPORATIONS. 

agents  to  receive  service  to  be  ap- 
pointed     •     .     .     .  c.  105 

returns c.  lOo 

taxation c.  13 

FOREIGN  INSURANCE  COMPANY. 
See  Insukancb. 

FOREIGN  MORTGAGES. 

commissioners c.  1186 

FORESTS. 

causing  destruction  by  fire  .     .     .     .  c.  203 

cultivation  of,  by  cities  and  towns    .  c.  27 

firewards  to  be  appointed    ....  c.  35 

fires  to  be  reported c.  35 

FORNICATION. 

with  minors  .     .                   .         .  c.  207 

POX. 

letting  loose c.  92 

FRATERNAL     BENEFICIARY     ASSO- 
CIATIONS, 
organizations,  duties  and  powers,  cc.  115, 119 

FRAUDS  AND  PERJURIES. 

agreement  to  make  will  must  be  in 

writing c.  78 

FRAUD. 

by  hirer  of  horse  or  carriage    .     .     .  c.  203 

in  sales c.  60 

iiisigniaofgrandarmy  or  loyal  legion,  c.  203 

FRAUDULENT  CONVEYANCE. 

redemption c.  172 

FUGITIVES  FROM  JUSTICE. 

expense  of  requisitions c.  218 

GAME. 

artificially  propagated c.  92 

owner  may  prohibit  shooting  or  trap- 
ping      c.  203 

protection  of c.  92 

wild  duck  and  fowl  protected  ...  c.  92 

GAMING. 

apparatus,  how  sold c.  212 

obstructions  to  entrances    ....  c.  99 

persons  present  punished    ....  c.  99 

wagering  contracts e.  99 

GAS. 

accidents  to  be  reported c.  61 

books  regulated c.  61 

carbonic  oxide  allowed c.  61 

companies  defined c.  61 

digging  up  streets  for,  forbidden  .     .  c.  106 

inspection c.  61 

issue  of  bonds  regulated      .    .     .     .  c.  106 

lease  or  transfer  of  works    .    .     .    .  c.  106 


Subjects  of  New  Legislation,  1882-1890.       810 


GAS— Coiir/uiletJ. 

iiiaiiutacture  for  fuel  . 
niiiv  fiiniisli  electric  lii 


lit 


lOfi 


meters  regulated c.  01 

no  iiis|)ection  where,  for  fuel  .     .    .  c.  fil 

rcfiulation  of  price c.  fit 

water  ijas c.  61 

GAS  COMMISSIONERS. 

tenure  of  odlce  of  inspectors  ...  c.  fil 

to  be  appointed c.  61 

to  regulate  electric  light       ....  c.  61 

GENERAL  COURT. 

holidays c.  2 

pay  of  officers c.  2 

pay  of  nieinl)ers c.  2 

petitions  to c.  2 

practice  before c.  2 

GIFT. 

sale  or  exchange  of  i)roperty  not  to 

be  induced  l>y c.  20!) 

GIRLS. 

conmiittcd  by  United  States  court  to 

industrial  school c.  89 

GLOUCESTER  HARBOR. 

lines c.  10 

regulations c.  19 

GOVERNOR. 

salary c.  lii 

of  clerk  and  messenger c.  If) 

GRAND  ARMY. 

fraudulent  use  of  insignia  .     .     .     .  c.  203 

may  use  state  camp  ground     ...  c.  14 

exemption  from  taxation    ....  c.  11 

public  buildings  may  be  leased  to    .  c.  27 

state  aid  may  be  entrusted  to  .    .     .  c.  30 

GRAVELLY  ISLAND. 

annexed  to  Nantucket c.  22 

GREAT  PONDS. 

structures  ana  opcroachments  in  .     .  c.  19 

leases c.  91 

GREAT  SEAL  OF  THE  COMMON- 
WEALTH, 

establishid c.  Irt 

GUARANTY  INSURANCE. 

provided  for c.  119 

taxation  of  foreign c.  13 

GUARDIAN. 

Boston  children's  friend  society  may 

be c.  139 

and  association    for    protection    of 

children c.  139 

confirmation  of  acts c.  142 

foreign,  must  appoint  agent     .     .     .  c.  139 

license  to  sell  at  private  sale    .     .     .  c.  140 


HABITUAL  DRUNKARDS. 

rna\'  l)e  committed  to  asylum  ...      c.  87 
Sec  Du'soM.VNiA. 

HAND  TOOLS. 

instruction  in  the  use  of c.  44 

HARBOR  COMMISSIONERS. 

to  have  charge  of  Connecticut  river,  c.  19 

also  of  State  lands c.  19 

.  c.  19 

.  c.  19 


of  structures  in  great  ponds    ...  c. 

custody  of  Maine  records  ....  c. 

HARBORS. 

assistant  harbor  masters     ....  c. 

lines  in  East  IJoston c. 

lines  in  Gloucester c. 

lines  in  Haverhill 


release  of  dower  and  homestead,  cc.  139,  147 

GUIDE  POSTS. 

required c.  53 

GUNPOWDER. 

notice  of  place  of  storage  to  be  given,    c.  102 

GYPSY  MOTH. 

extermination c.  77" 

HABEAS  CORPUS. 

error  in  c.  185,  ^^  18,  corrected  .    .    .    c.  185 

HABITUAL  CRIMINALS. 

punished c.  215 


69 
19 
19 
19 

obstructions  in  tide-water    ....  c.  97 

powers  of  masters c.  69 

preservation  of c.  69 

regulations  in  Gloucester    ....  c.  19 

HARES. 

protected c.  92 

HAVERHILL. 

harhor  lines c.  19 

HAWKERS  AND  PEDDLERS. 

children c.  68 

cities  may  regulate  certain  sales  .     .  c.  68 

near  licensed  groves c.  102 

person  over  seventy   to    have   free 

license c.  68 

soldiers c.  68 

HEALTH,  BOARD  OF. 

board  divided c.  79 

appeals c.  80 

charge  of  waters c.  80 

connection  with  sewers c.  80 

contagious  diseases c.  80 

house  drainage c.  80 

ice,  impure c.  80 

inland  waters c.  80 

inspection  of  food  and  drugs   .     .    .  c.  208 
local,  to  enforce  as  to  sale  of  poultry,  c.  f.8 
local,  to  notify  state  board  of  small- 
pox      c.  80 

nuisances,  abatement.     .     .     .      cc.  80,  104 

offensive  trades c.  80 

officers  to  be  detailed  to  assist     .     .  c.  79 

privy  vaults c.  80 

salary  of  officers c.  79 

sewerage  and  water  sujjply      ...  c.  SO 

small-pox  to  be  reported     ....  c.  80 

vacancies,  how  filled c.  80 

HEARINGS. 

of  committees,  advertising  ....  c.  16 

HIGHWAYS. 

actions    for  injury   not    limited    to 

superior  court c.  .12 

crossings  with  railroads c.  112 

damages  for  electric  wires  .    .     .     .  c.  109 

digging  up  for  gas  pipes c.  106 

notice  of  injury c.  52 

removal  of  trees  in c.  52 

taking  for  railroads c.  112 

HOLIDAY. 

Christmas cc.  77,  160 

labor's  holiday cc.  77,  160 

See  Phobate  Coukt. 


820       Subjects  of  New  Legislation,  1882-1890. 


HOMESTEAD. 

release  by  guardian    .    .    .    .    cc.  139,  147 

HOMEOPATHIC  INSANE   ASYLUM, 
authorized c.  87 

HORACE  MANN  SCHOOL. 

aided c.  41 

HORSE. 

false  statement  of  distance  trftvelled  .  c.  203 

license  for  lieeping c.  102 

docking  tails c.  207 

registration  of  pedigree c.  11a 

HORTICULTURAL   SOCIETIES. 

bounties c.  114 

mortgages c.  114 

property  exempt  from  taxation    .    .  c.  1 1 

HOSPITALS. 

for  temporary  care  of  sick  ....  c.  84 

HOSPITAL  COTTAGES. 

aided c.  86 

children  may  be  sent  to c.  86 

trustees c.  86 

HOTELS. 

family,  watchmen,  etc  ,  required  .     .  c.  104 

fire  escapes, c.  104 

liability  limited c.  102 

See  BuiLr«iNos. 

HOUSE  OF  REPRESENTATIVES. 

pay  of  members c.  2 

salary  of  officers c.  2 

HOUSES  OF  CORRECTION. 

Invoice  books c.  23 

removals  to  and  from  ....       cc.  88,219 
whitewashing c.  220 

HOUSE  OF  ILL  FAME. 

sending  to c.  207 

HUMANE   SOCIETY. 

injury  to  property c.  203 

HUSBAND  AND  WIPE. 

conveyances  to,  jointly c.  126 

release  of  curtesy  where  husband  in- 
sane       c.  147 

right  in  wife's  property c.  124 

separate  maintenance c.  156 

transfers  of  property  between  .    .    .  c.  147 

when  cut  off  by  wife's  will  .     .    .     .  c.  147 

ICE. 

impure c.  80 

weights  for c.  60 

IDIOTS. 

fornication  with c.  207 

See  Feeble-Mindhd. 

INDEBTEDNESS. 

See  Municipal  L\]:)ebtedness. 

INDEX-DIGEST. 

towns  and  cities  to  have      ....        c.  4 

INDEXES. 

to  general  statutes c.  4 

INDICTMENTS. 

form  of c.  213 

INFANTS. 

abandonment c.  48 

boarding  houses c.  48 

care  of c.  48 

without  settlement,  notice  to  board 

of  lunacy  and  charity  ....  c.  86 


INN. 

fraudulently  procuring  entertainment,  c.  102 

INNHOLDEHS. 

expiration  of  licenses c.  102 

liability  limited c.  102 

INQUESTS. 

fees  of  witnesses,  officers,  examiners 

and  justices c.  26 

report  of  evidence c.  26 

INSANE. 

asylums  for  chronic c.  87 

commitment  of c.  87 

confinement  in  almshouse  ....  c.  33 
county  receptacle  at  Ipswich  discon- 
tinued       c.  87 

discharge  or  temporary  release    .    .  c.  87 

persons  without  treatment  ....  c.  87 

may  be  boarded  in  families     ...  c.  87 

must  be  treated c.  87 

notice  of  admission  or  discharge .    .  c.  87 
release  of  curtesy  where  husband 

insane c.  147 

recently,  cases  to  be  treated    .    .  cc.  84,  87 

removal  of •     .  c.  87 

removal  of  criminal  insane      .     .     .  c.  222 
support  of  criminal  insane  .     .      cc.  87,  214 

INSANE  ASYLUMS. 

homeopathic c.  87 

habitual  drunkards  committed  to     .  c.  87 

INSOLVENCY. 

accounts  of  assignees  to  be  sworn  to,  c.  157 

agents  for  non-resident  assignees      .  c.  157 

allowance  to  wife  or  children  .    .    .  c.  157 

appeals,  entry  of c.  157 

claims  for  conversion  of  pledge  not 

to  be  discharged  .     .     .     .    cc.  157,  192 

composition  with  creditors  .     .     .     .  c.  157 

new  proposal     .  ^ c.  157 

delay  or  omission  of  schedules     .     .  c.  157 

discharge,  objections  tc*.     .     .    .    .  c.  157 

equitable  liabilities  provable    .     .     .  c.  157 
execution  where  delay  or  failure  to 

get  discharge cc.  157,  171 

foreign  corporations c.  157 

fraudulent  conveyance  as  cause  .    .  c.  157 

mortgages,  when  invalid     .     .     .     .  c.  157 

mortgage  for  fees c.  157 

repayment  of  deposit c.  157 

residence  of  debtor c.  157 

special  judgments c.  157 

taxation  to  assignees c.  11 

time  for  proof c.  157 

unclaimed  dividends c.  157 

voluntary  assignments  valid,  notice 

to  be  given c.  157 

INSPECTION. 

of  buildings c.  104 

of  elevators c.  104 

of  oil c.  56 

INSPECTORS. 

of  buildings,  authority c.  104 

nuisances  about  factories    .     .     .     .  c.  104 
of  butter,  cheese  and  milk  .    .     .  cc.  56,  57 
of  factories  and  public  l)uilding8. 
See  District  Police. 

of  liquor,  salary c.  100 

of  vinegar,  salary c.  60 


Subjects  of  'Nfav  Legislation,  1882-1890.      821 


INSURANCE  COMPANIES. 

appeal  from  onlor  revoking  autlior- 

it.v c.  119 

arbitrators c.  119 

assessment,  regulated c.  119 

benefits  not  attachable c.  119 

capital  stock,  where  insure  tools  .    .  c.  119 

employers'  liability c.  119 

false  statements  by  ajrents  punished,  c.  119 

foreign  beneficiary  companies      .     .  c.  119 
fraternal  beneficiary  associations 

cc.  115,  119 

guaranty  capital c.  119 

insolvent,  unclaimed  money    .     .     .  c.  119 

investments c.  119 

life  and  casualty  insurance  on  the 

assessment  plan c.  115 

mechanics'  tools c.  119 

relief  not  attachable c.  119 

revision  of  law c.  119 

salary  of  commissioner c.  119 

surplus,  profits  and  liability    .     .    .  c.  119 

taxation c.  13 

title  insurance c.  119 

INSURANCE  DEPARTMENT. 

allowance  for  clerks c.  119 

salaries  raised c.  119 

INTEREST. 

form  of  declaring  for c.  1G7 

on  betterments c.  51 

on  small  loan c.  77 

INTOXICATING  LIQUORS. 

See  Liquors,  Intoxicating. 

IITVESTMENTS. 

of  state  funds c.  IG 

ISSUE,  FAILURE  OF. 

meaning c.  126 

JAILS. 

invoice  book c.  23 

whitewashing c.  220 

JUDGE. 

cannot  afterwards  become  counsel   .  c.  159 

JUDGES  OF  PROBATE. 

salaries c.  158 

JUDGMENTS, 

entry  of c.  171 

special c.  157 

JURISDICTION. 

in  case  of  liens c.  192 

injuries  to  personal  property   .     .     .  c.  203 
of  superior  court  in  equity. 

See  SuPKRioK  Court. 

JURORS. 

examination  of c.  169 

in  Barnstable c.  170 

list  in  Boston c.  170 

injury  to  list c.  203 

JUSTICES  OP  THE  PEACE. 

warrants  by .     .     .  c.  155 

power  to  summon  witnesses    .    cc.  155,  169 

JUVENILE  OFFENDERS. 

trial  of c.  89 

LABOR,   BUREAU  OF   STATISTICS. 

salary  of  clerks c.  31 

report c.  4 

destruction  of  old  papers     ....  c.  31 


LABOR. 

accidents,  notice  of c.  74 

age  and  schooling  certificates  ...  c.  48 

appliances  to  control  power     .     .     .  c.  104 

bills,  etc c.  74 

children cc.  48,  74 

communication  between  rooms    .     .  c.  104 

district  police  to  enforce  laws  .    .    .  c.  102 

doors  of  buildings  not  to  be  fastened,  c.  104 

employers'  lial)ility c.  74 

hours  of cc.  48,  74 

imperfect  weaving c.  74 

meal  hours cc.  48,  74 

night  labor c.  74 

nine  hours  for  public c.  74 

notice  of  claim  must  be  in  writing  .  c.  74 

notice  of  hours c.  74 

nuisances  about  factories    .     .     .     .  c.  104 

organizations,  incorporation    .     .    .  c.  115 

reading  and  writing c.  74 

sanitary  provisions cc.  48,  74 

seats  for  females c.  74 

secretary  of  l^oard c.  74 

special  stock  for  em()loyees      .     .     .  c.  106 

state  board  of^arbitration    ....  c.  74 

ventilation c.  74 

weekly  payments c.  74 

wonjen,  night  labor c.  74 

words  defined cc.  48,  74 

LABOR'S  HOLIDAY. 

established c.  77 

LAND  DAMAGES. 

in  Nantucket  and  Dukes     ....  c.  49 

LANDLORD  AND   TENANT. 

appeal ;  bond  to  be  given    .     .     .     .  c.  175 

LANDING  PLACES. 

common,  location  of c.  49 

LARCENY. 

from  carrier c.  203 

LARD. 

adulteration  of c.  56 

LAW  LIBRARIES. 

aid  to c.  40 

LEGACIES. 

to  unknown  ijersons,  how  disposed  of,  c.  144 

to  minors  deposited c.  14rl 

LEGAL  NOTICES. 

where  published c.  3 

LEGISLATURE. 

agents,  attorneys,  expenses,     ...  c.  2 

notice  of  petitions  to c.  2 

notice  of  hearings  before  committees,  c.  16 

practice  before c.  2 

LEVY. 

where  suspended,  new  seizure  .    .    .  c.  172 

LIBRARIAN. 

assistant,  salary  of c.  5 

LIBRARIES, 

appropriation  for  law c.  40 

assistance  for c.  40 

detention  of  books c.  203 

disturbances  in,  punished    ,     ,     ,    .  c,  207 

injury  to  property  of c,  203 

trustees  of  public c.  40 

LIBRARY  COMMISSIONERS. 

appointment  and  duties c.  40 


822       Subjects  op  JS'ew  Legislation,  1882-1890. 


LICENSE,   LIQUOR. 

conditions  added  to c.  100 

LICENSES. 

innholders   and  victuallers,  expira- 
tion       c.  102 

for  intelligence  oflfices,  junk  dealers, 

pawnbrokers,  etc c.  102 

transfer  of  dog c.  102 

See  Hawkers  and  Peddlebs;  Fertilizers; 
Liquors,  Intoxicating. 

LIEN. 

dissolution  l)y  bond c.  191 

for  betterments,  how  long  ....  col 

for  sewer  assessments c.  50 

fees c.  191 

form  of  petition c.  191 

jurisdiction  of  petitions  to  sell  .     .     .  c.  192 

notice c.  191 

service c.  191 

LIMITATION  OP   ACTION'S. 

in  favor  of  mortgagee c.  176 

sale  of  liquor  to  minors c.  197 

LIMITED  PARTNERSHIP. 

interest c.  75 

liability c.  7''5 

name  of  former  firm c.  7-5 

renewal c.  75 

LIQUOR,   INTOXICATING. 

ballots  on  license  regulated      .    .  cc.  7,  100 

bond,  form  of c   100 

clubs c.  100 

conditions  added  to  license  .  .  .  .  e.  100 
common  victuallers,  when  to  close  .  c  100 
conviction  makes  license  void .     .     .    c.  100 

costs c.  100 

disposition  of  cases  regulated      .     .    c.  100 

by  druggists c.  100 

employment  of  minors c-  100 

fees  increased c.  100 

forbidding  sales c.  100 

furniture  aiid  implements  to  be  for- 
feited   c.  100 

how  analyzed c.  100 

illegal  sale  enjoined c.  101 

minors,  sales  to c.  100 

notice  of  application  for  license   .     .    c.  100 

near  school-houses c.  100 

no  license  in  certain  buildings  .  .  c.  100 
none  to  be  sold  or  given  on  election 

days  or  holidays c.  100 

not  to  be  sold  to  persons  supported 

by  charity c.  100 

number  of  licenses  limited.     .    .     .    c.  100 

objection  by  abutters c.  100 

per  cent,  of  alcohol c.  100 

punishment c.  100 

recount  of  ballots c.  100 

only  to  registered  pharmacists     .    .    c.  100 

salary  of  inspector c.  100 

sale  in  case  of  riot c.  100 

sale  on  holidays c.  100 

sale  to  minors,  limitation     .    .     .    .    c,  197 

screen  law c.  100 

signing  licenses  in  Boston  .  .  .  .  c.  100 
signs,  tax  receipts,  evidence    .     .     .    c.  101 

time  of  selling  limited c.  100 

time  for  applications  for  licenses      .    c.  100 

transfer  of  licenses c  100 

See  Search  Warrants. 


LITERARY  INSTITUTIONS. 

lists  of  exempt  property  required     .  c.  11 

LOANS. 

on  household  goods,  etc c.  102 

LOAN  AND   TRUST  COMPANIES. 

incorporation cc.  105,  118a 

personal  liabilities cc.  106,  11  Set 

business  regulated c.  llSa 

LOBSTERS. 

preservation  of c.  91 

unlawful  taking  from  traps,  etc.  .     .  c.  91 
See  Fish. 

LOCOMOTIVE  BOILERS. 

to  be  tested c.  112 

LODGING  HOUSES. 

See  Boarding  Houses,  Buildings. 

LOGS. 

on  Connecticut  river c.  94 

LORD'S  DAY. 

law  revised c.  98 

not  defence  to  action  of  tort  to  the 

person c.  98 

trains  may  be  licensed c.  98 

travelling  on c.  98 

LOYAL    LEGION. 

fraudulent  use  of  insignia    .    .    .    .  c.  203 

LUMBER. 

survey  and  sale  ........  c.  63 

LUNACY  AND  CHARITY. 

l)oard  of c.  79 

boarding  houses  for  infants      .    .    .  c.  80 

care  of  illegitimate  infants  .  .  .  cc.  48,  80 
of  indigent  and  neglected  .  .  .  cc.  48,  86 
custody  of  juvenile  otfenders    .    cc.  1-55,  212 

transfer  of  pauper  lunatics  ....  c.  86 

LUNATIC  HOSPITALS,   STATE. 

commitments  to  be  from  districts      .  c.  87 

female  physician  at c.  87 

fire-guards c.  87 

habitual  drunkards  maj'  be  commit- 
ted to c.  87 

homeopathic c.  87 

trustees c.  87 

meetings  of  trustees  and  reports  .    .  c.  87 

numl)er  and  sex  of  trustees      ...  c.  87 

transfer  to  state  almshouse  ....  c.  86 

LYMAN  SCHOOL  FOR  BOYS. 

age  at  which  may  be  committed  .     .  c.  89 

established c.  89 

more  land  may  be  purchased  for  .     .  c.  89 

notice  of  commitments c.  89 

recovery  of  expense c.  89 

MAINE  LANDS. 

custod}'  of  records c.  19 

MALICIOUS  MISCHIEF. 

defacing  notice  or  paper  posted  by 

law c.  203 

jurisdiction  and  penalty c.  203 

to  milk  cans c.  203 

to  police  signals c.  20-5 

removal  of  flowers,  etc.,  from  grave  c.  207 

MANUFACTURERS. 

communication  between  rooms    .     .  c.  104 

notice  of  hours  of  work c.  74 

state  arl)itration c.  74 

report  of  accidents c.  74 


Subjects  of  New  Legislation,  1882-1890.       823 


MANUFACTURERS  —  Concluded. 

special  stock  for  eiiiploj^ees      .     .     .  c.  106 

rifjht  to  ring  bells,  etc c.  74 

weekly  pa^'ments c.  74 

See  L.viiou. 

MARRIAGES. 

returns  uf c.  145 

nullitv CO.  145,  \b2 

MARRIED  WOMAN. 

deed  or  devise  by c.  147 

living  separate,  petitions  l)y     .     .     .  c.  147 

neglect  to  sujiport,  i)unislied     .     .     .  c.  48 

personal  estate,  liow  distril)nted  .     .  c.  Vio 

separate  maintenance c.  147 

transfers  between c.  147 

rights  in  burial  lot cc.  82,  144 

riglits  in  husband's  estate.  .     .    cc.  124,  135 

will c.  147 

See  IIisBAXi)  AND  WirE. 

MASTERS  IN  CHANCERY. 

compensation c.  159 

to  report  when c.  lo9 

MAYOR. 

right  to  vote c.  28 

vacancy  in  office c.  28 

veto c.  28 

MAYOR  AND  ALDERMEN. 

how  construed cc.  3,  28 

MEASURES. 

See  Weights  and  Measures. 

MECHANICS'  LIENS. 

law  revised c.  191 

MEDICAL  EXAMINERS. 

disposition  of  bodies c.  26 

new  districts c.  26 

fees  and  reports c.  26 

report  of  evidence c.  26 

salaries c.  26 

MEDICAL  SOCIETIES. 

degrees  Ijy,  regulated c.  115 

MESSENGERS. 

of  senate  and  house,  number  and  pay,       c.  2 

MILITARY  AND  NAVAL  HISTORIAN- 

tu  be  appointed c.  21  « 

MILITIA. 

armories,  provision  for c.  14 

l)ooks,  examination c.  14 

by-laws,  approval  of c.  14 

discharge e.  14 

inspecting  officer's  pay c.  14 

law  revised c.  14 

musicians c.  14 

naval  battalion  added c.  14 

obstructing  w^ay c.  14 

rank  of  officers c.  14 

reappointment c.  14 

staff c.  14 

uniform,  not  to  be  worn  by  others    .  c.  14 

making  of c.  14 

MILK. 

acts  not  affected  by  subsequent  legis- 
lation    c.  57 

adulteration  of c.  57 

analysis  regulated c.  -57 

cans",  how  marked c.  57 

cans,  malicious  injury  to      .    .     cc.  .57,  203 

counterfeiting  inspector's  seals     .    .  c.  57 


MTL.'VL—CoDrlnded. 

defacing  cans  i)unished c.  57 

feeding  garbage c.  208 

inspectors c.  .57 

jurisdiction  of  complaint     ....  c.  57 

quality c.  57 

skim  milk c.  57 

See  Adulteration. 

MINING  COMPANIES. 

taxation  of c.  13 

MINING,  QUARRYING  AND  OIL 
COMPANIES, 
taxation  of  foreign c.  13 

MINORS. 

custody c.  156 

employment  of c.  74 

neglect  to  support c.  48 

papers  devoted  to  criminal  news  may 

not  be  sold  by c.  207 

See  Children.    Ten  Hour  Law. 

MONUMENTS. 

or  headstones  for  soldiers c.  27 

MORTGAGE  LOAN  COMPANIES. 

business  and  mvestincnts  .  .  .  .  c.  1186 
foreign,  to  indicate  country  .  .  .  c.  118/j 
liability  of  stockholders      .     .     .     .  c.  1186 

name c.  1186 

supervision c.  1186 

MORTGAGES. 

effect  of  suit  to  redeem c.  181 

jurisdiction  of  court c.  192 

of  real  estate,  how  Ijarred  by  posses- 
sion      c.  176 

recording  of  chattel c.  192 

sale,  how  advertised c.  181 

taxation  of e.  11 

when  invalid  in  insolvency      .     .     .  c.  157 

MUNICIPAL   COURTS. 

additional  clerks c.  1.54 

additional  sessions e.  1.54 

Boston,  additional  justice    ....  c.  154 
clerks  may  use  fac-simile  of  signa- 
ture      c.  159 

East  Boston  district c.  154 

exchange  of  justices c.  1.54 

salaries  of  officers c.  154 

See  Police  Courts;  Towns. 

MUNICIPAL  INDEBTEDNESS. 

creation c.  29 

limited c.  29 

net  indebtedness  defined .  .  .  .  cc.  2,  29 
proportionate  payments  instead  of 

sinking  fund c.  29 

return  of  slinking  funds c.  11 

temporary  loans c.  29 

MUSKEGET  ISLAND. 

annexed  to  Nantucket c.  22 

MUTILATION  OF  WILL. 

punished c.  203 

MUTUAL  AID  ASSOCIATIONS. 

See  Beneficiary  Associations. 

NAMES. 

changed,  a  list  to  be  published  .  .  c.  148 
in  tax  bills  corrected c.  6 

NANTUCKET. 

land  damages  in c.  49 


824       Subjects  of  New  Legislation,  1882-1890. 


NATURALIZATION  LAWS. 

jurisdiction  of  courts c.  160 

primary  declarations,  when  filed  .     .  c.  160 

revised c.  160 

returns  not  to  be  printed     .     .     .     .  c.  160 

NAVAL  BATTALION. 

established c.  14 

NEGLECT    OP     CHILDREN     OR 
WIFE. 

punished c.  48 

disposition  of  fine c.  48 

NEWSPAPERS. 

defined c.  3 

attachment  of,  oflices c.  161 

NOTES  AND  BONDS. 

of  railroads c.  112 

NOTICE. 

not  to  trespass,  tearing  down  .    .    .  c.  203 

NOTICES,  LEGAL. 

of  petitions  to  the  legislature  ...  c  2 

tearing  down  or  defacing     .     .    .    .  c.  203 

where  published c.  3 

NUISANCES. 

fences cc.  36,  180 

abatement c.  SO 

enjoined c.  101 

about  factories c.  101 

NULLITY,  PETITIONS  FOR. 

See  DivoECK. 

OBSCENE  PUBLICATIONS. 

corrupting  to  youth c.  207 

OBSTRUCTING  RAILROAD. 

penalty c.  112 

OFFICERS. 

fees CO.  26,  89 

fees  for  summoning  witnesses      .    .    c.  199 

returns  of  arrests c.  219 

salaries c.  159 

to  wear  uniform c.  159 

with  sheriff's  jury,  pay c.  49 

with  superior  coui-t  in'Suffolk  .    .    .    c.  159 

with  supreme  court c.  159 

See  Inquksts. 

OIL. 

See  Petroleum. 

OPIUM  SMOKING. 

keeping  place  for,  forbidden    .     .     ,    c.  207 

ORNITHOLOGY. 

taking  birds  for c.  92 

OVERSEERS  OP  THE  POOR. 

election  of c.  27 

See  Towns. 
OYSTERS. 

licenses  to  take c.  91 

NUISANCES. 

fences c.  180 

PAGES. 

of  senate  and  house,  number  and  pay,       (•.  2 
PARDON. 

imprisonment  after  condition  broken,    c.  218 

PARISHES  AND  RELIGIOUS  SO- 
CIETIES. 

incorporation c.  38 

by-laws c,  38 

Reformed  Episcopal  Church  trustees,  c.  39 

taxation  by c.  38 


PARKS. 

laying  out  by  cities  and  towns     .     .  c.  49 

taking  for  railroads c.  112 

who  may  be  commissioners     .     .     .  c.  49 

PARTITION. 

not  defeated  by  liens c.  178 

notice c.  178 

partial  division  by  probate  court .    .  c.  178 

removal  of  petition c.  178 

upon  whom  binding c.  178 

where  estates  for  life  or  years  .    .     .  c.  178 

where  land  is  in  different  counties    .  c.  178 

PARTNER. 

reaching  property  of,  in  equity    .     .  c.  151 

PARTRIDGES. 

protected c.  92 

PAUPERS. 

begging c.  86 

bills  for c.  86 

burial  of c.  84 

burial  of  unclaimed  bodies.     .     .    .  c.  84 

children cc.  84,  86 

insane c.  84 

liable  for  their  own  support     ...  c.  84 

removal  of  sick c.  86 

support  of  sick c.  86 

transfer  of c.  79 

See  Children. 

PAWNBROKERS. 

examination c.  102 

including  persons  lending  on  pledge  c.  102 

sale  of  personal  apparel c.  102 

PAYMENTS. 

weekly c.  74 

PEAS. 

weight  of c.  60 

PEDDLERS. 

See  Hawkers  and  Peddlers. 

PENSIONS. 

agent  for,  to  be  appointed    ....  c.  30 

PETITIONS    TO    THE    LEGISLATURE, 

notice  of c.  2 

PETROLEUM. 

inspection cc.  59,  102 

standard  established c.  59 

unsafe  punished c.  59 

PHARMACY. 

regulated c.  67« 

PHYSICIANS. 

to  make  returns  of  births    ....  c.  37 

PHYSIOLOGY  AND  HYGIENE. 

to  be  taught c.  44 

PICKEREL. 

protected c.  91 

PICNIC  GROVES. 

to  be  licensed c.  102 

hawking  and  peddling  near     .    •     .  c.  102 

PILOTAGE. 

regulated  and  laws  revised  ....  c.  70 

PILOTS. 

additional c.  70 

at  Cohasset c.  70 

at  Wood's  Moll c.  70 

exemption c.  70 

fees c.  70 

half  fees c.  70 


Subjects  of  N^ew  Legislation,  1882-1890.       825 


PILOTS  -  CoiH'huJed. 

jurisdiction  changed c.  70 

Salem  and  Beverly c.  70 

whaling  vessels c.  70 

when  other  than  regnlar  pilots  can 

act c.  70 

PLEADING. 

form  of  declaring  for  interest  .    .    .  c.  1C7 

PLEDGES. 

on  household  goods,  etc c.  102 

PLUMBERS. 

business  may  be  regulated  .     .    .    .  c.  102 

POISONS. 

sale  regulated c.  208 

POLICE. 

railroad  and  steamboat c.  103 

cities  may  indemnify c.  28 

term  of  office     .    . " c.  28 

See  District  Police. 

POLICE  COMMISSIONERS. 

luaj'  require  attendance  of  witnesses,  c.  169 

POLICE  OR  DISTRICT  COURTS. 

adjournment  when  justice  absent     .  c.  ir)4 

accounts  of c.  154 

allowances  to  clerks c.  154 

answer  maj'  be  required      .     .     .    .  c.  167 

bonds  on  appeal c.  154 

clerks  pro  tempore,  pay  of  .    .    .    .  c.  154 

clerkships  abolished c.  154 

clerkships  established c.  1.54 

dockets  and  l)lanks c.  154 

established  and  changed     .     .     .     .  c  154 

expenses  of c.  22 

funds  to  be  paid  over c.  154 

jurisdiction  extended  .    .      cc.  102,  154,  203 

justices  may  interchange     .     .     .     .  c.  154 

officers  and  salaries c.  154 

l)rocess,  teste  of •  .     .  c.  154 

rules  in  Middlesex c.  154 

salaries  of  officers c.  154 

sessions c.  154 

travelling  expenses  allowed    .    .    .  c.  154 

uniform  accoimts  provided  for    .     .  c.  154 

witness  fees  to  be  paid c.  154 

writs  may  run  into  other  counties    .  c.  154 

POLICE    MATRONS. 

to  be  appointed c.  220 

POLICE   SIGNALS. 

injury  to c.  205 

POLLING  PLACES. 

at  special  elections c.  7 

POLLS  AND  ESTATES. 

list  of  polls  must  be  posted      ...  c.  11 

time  fur  assessment  extended      .     .  c.  11 

established  for  decade c.  11 

POLLUTION. 

of  water  supply  restrained  ....  c.  SO 

PONDS. 

bathing  in,  where  used  for  water  sup- 
ply        c.  80 

fishhig  in c.  91 

structures  and  encroachments  in  .    .  c.  19 

POOL  SELLING. 

forljidden c.  99 

warrant  to  search  for  tickets    .    .    .  c.  212 

POOR  CONVICTS. 

discharge  of c.  222 


POOR    DEBTORS. 

law  revised c.  162 

acts  which  are  contempt      .     .    .     .  c.  162 
See  Arhhst. 
POSTMASTER  OF  LEGISLATURE. 

pay  of c.  2 

POULTRY. 

to  be  dressed c.  o8 

POUND  STERLING. 

exchangeable  value c.  16 

PRACTICE. 

appearing  as  counsel  after  sitting  as 

judge c.  159 

as  to  writs  and  return  days  revised, 

cc.  161,  164,  167 
bill  or  petition  instead  of  writ .    .    .  c.  107 
civil  actions  may  be  begun  by  peti- 
tion    c.  107 

claimants  maj^  come  in c.  167 

copies  of  books  and  records  of  sav- 
ings l)anks  evidence c.  169 

day  of  trial  may  be  agreed  .    .     .    .  c.  167 

-    declaration,  failure  to  file     ....  c.  167 

defaults c.  167 

discharge  of  bail      .......  c.  163 

engagements  of  attorneys    ....  c.  167 

equitable  defences c.  167 

exceptions  when  judge  dead    .    .    .  c.  152 

failure  to  enter  appeal  or  exceptions,  c  150 

interpleader c.  167 

jurors,  examination  of c.  169 

notice  to  non-resident  where  property 

attached c.  164 

orders    and    writs    issued  in   other 

counties c.  161 

passing  actions  on  list c.  167 

relief  as  case  requires  in  civil  actions,  c.  167 

return  day  of  process  in  equity    .     .  c.  152 

shire  towns  may  be  designated    .    .  c.  167 
terms  abolished  ....     cc.  IGl,  164,  167 

time  of  trial  agreed c.  167 

trial  list,  criminal,  in  superior  court,  c.  214 

trial  list  in  Suffolk c.  167 

trustee  writ  from  trial  justices  .    .    .  c.  183 

written  answer  in  police  court .    .    .  c.  167 

PRESIDENTIAL    ELECTORS. 

election c.  9 

contest c.  9 

PRISONERS. 

agents  for  discharged c.  219 

reports  by c.  219 

assistance  to  discharged      .     .     .     .  c.  219 
charges  for  insane      .     .    .     .    cc.  213,  214 

contract  labor cc.  220,  221 

control  of  labor c.  220 

discharge  of  poor  convicts  .    .     .     .  c.  222 
employment  of  ...     .      cc.  219,  220,  221 

escape  of,  at  work  outside  .     .     .     .  c.  220 

female,  aid  to c.  219 

instruction c.  221 

permits  to  he  at  liberty   .      cc.  220,  221 ,  222 

piece  price  system c.  220,  221 

removal  of,  to  hospitals  .    .         .    .  c.  219 

transfer  of cc.  219,  220,  221 

PRISONS. 

superintendent  of cc.  220,  221 

transfer  of  prisoners c.  210 

tresi)ass  on  lands  of c.  203 


826       Subjects  of  New  Legislatio:n",  1882-1890. 


PRISONS,  COMMISSIONERS  OF. 

salaries c.  219 

expenses c.  219 

powers c.  219 

PROBATE  COURTS. 

allowance  for  clerical  assistance  .     .  c.  158 
appeals  to  snperior  court    .     .    cc.  14S,  lo6 

appeals,  how  taken c.  LIG 

leave  to  enter c.  156 

appraisers,  fees c.  149 

attorneys  before c.  15G 

bonds,  foreign  fidelity  insurance  com- 
panies may  be  sureties .  .  .  .  c.  143 
confirmation  of  acts  ....  cc.  142,  15(5 
constable  for,  in  Suffolk  .  .  .  .  c.  156 
distribution  of  money  deposited  .  .  c.  144 
of  real  estate  by  sale  .  .  .  cc.  134,  136 
expenses  of  recording  in  Suffolk  .  c.  156 
expenses  may  he  allowed  .  .  .  .  c.  156 
notice,  how  proved  .  .  .  .  cc.  132,  134 
ncitice,  proof,  when  to  be  filed  .    cc.  132,  134 

officers,  salaries, cc.  158,  159 

petitions  by  married  women  living 
separate,  and  custody  of  minors, 

cc.  148,  156 

rules  as  to  attorneys c.  156 

sessions c.  156 

terms  falling  on  holiday  or  election 

day c.  156 

PROBATION  OFFICERS. 

in  Boston c.  212 

PROMISSORY  NOTE. 

holidays c.  77 

on  uncertain  time  negotiable   ...  c.  77 

PROSTITUTION. 

hiring,  etc.,  for c.  207 

PUBLIC  BUILDINGS. 

ventilation c.  104 

sanitary  provisions c.  104 

PUBLIC  DOCUMENTS. 

printing  and  distribution  of      .     .     .  c.  4 

express  and  ])ostage  on c.  4 

PUBLIC  DOMAIN. 

set  ajKirt  for  forest  trees      ....  c.  27 

PUBLIC  GROUNDS. 

improvement  of c.  49 

PUBLIC  LANDING  PLACES. 

laying  out c.  49 

PUBLIC  LIBRARIES. 

trustees  of c.  40 

PUBLIC  PROPERTY. 

accounts  of  sales  of c.  16 

PUBLIC  STATUTES. 

supplements  provided  for     ....  c.  4 

PUBLIC  WAREHOUSES. 

bonds c.  72 

non-negotiable  receipts c.  72 

sale  for  charges c.  72 

QUIETING  TITLE. 

provisions  for c.  176 

RACCOON. 

letting  loose c.  92 

RAILROADS. 

accounts,  form  and  time      .          .     .  c.  112 

alterations  of  crossing;  appeal      .     .  c.  112 

automatic  signals  at  crossings      .     .  c.  112 

betterments  for  changes  at  crossings  c.  112 


RAILROADS  —  Concluded. 

bonds,  how  long  to  run c.  112 

bonds,  taxable c.  11 

branches  near  state  house   .     .     .     .  c.  112 

bridges,  examination  of c.  112 

carrying  bodies  of  persons  dying  of 

contagious  diseases c.  32 

cars,  heating  of c.  112 

cash  fares  on  cars  regulated    .     .     .  c.  112 
certificate   of   public    necessity    re- 
quired       c.  112 

of  incorporation,  how  soon  .     -     .  c.  112 

certain  notes  and  bonds  to  be  valid  .  c.  112 

colorblindness c.  112 

consent  of  town  or  city  where  public 

property  is  taken c.  112 

crossings,  betterments c.  112 

whistling  at c.  112 

damages,  apportionment c.  112 

damages  for  Meigs  system  .    .    .    .  c.  112 

death  of  employees c.  112 

discrimination  in  rates c.  112 

disorderly  persons  on c.  207 

electric  signals  at  crossings  .    .    .    .  c.  112 

fences c.  112 

frogs,  switches  and  guard  rails  to  be 

"  blocked c.  112 

gates  and  flagmen  at  grade  crossings,  c.  112 

grade  crossings,  abolition     ....  c.  112 

in  foreign  countiies,  how  taxed    .    .  c.  11 

land  for  new  tracks c.  112 

locations  near  state  house    .    .    .    .  c.  112 

locations,  change c.  112 

Meigs  s.ystem c.  112 

obstructions,  penalty c.  112 

police,  tenure  of  office c.  103 

private  crossing,  tracks  at    ...    .  c.  1 12 

proxy  voting c.  112 

Simday  trains c.  98 

taking' public  lands  or  buildings  .    .  c.  112 
purchasers  under  foreclosure,  rights 

of c.  112 

quarterly  statements  reqnired  .    .    .  c.  1 12 

relief  societies  of  employees     .    .    .  c.  115 

safety  couplers  on  freight  cars    .    .  c.  1 12 

signals  protected c.  112 

street  crossings,  power  to  regulate    .  c.  112 

testing  locomotive  boilers     .    .    .    .  c.  112 
tools  and  safeguards  against  fire  for 

cars c.  112 

whistling  may  be  regulated .    .    .    .  c.  112 

wood  at  crossings  may  be  cut .    .    .  c.  112 
women  and  children  need  not  ride 

in  smoking  cars c.  112 

RAILROAD  COMMISSIONERS. 

allowances  for  books,  etc c.  112 

salary  when  payaljle c.  112 

salary  of  accountant  and  clerk     .     .  c.  112 

RABBITS. 

protected c.  92 

RAPE. 

age  of  consent c.  202 

REAL  ESTATE. 

conditions  on c.  126 

held  by  savings  banks,  time  of  sale  .  c.  116 

sale  for  taxes c.  12 

attachment  of. 

See  Attachment. 


Subjects  of  New  Legislatiox,  1882-1890.       827 


RECEIVERS. 

time  of  appointment c.  10.3 

See  IxsiKANCE  Companies;  Savings  Banks. 

RECORD. 

of  transfers  of  dog  licenses  .    .    .    .  c.  102 

in  other  reEcistries c.  120 

of  burial  lots c.  32 

RECORDS. 

aeeommodations  for c.  37 

indexes e.  37 

reimival  or  inntilatioii c.  37 

REDEMPTION. 

of  land  set  otfon  cxeeution      .     .     .  c.  172 

REFEREES. 

fees  of c.  ir)9 

REFORM  SCHOOLS. 

age  limited  to  fifteen c.  89 

for  bo.ys,  changed  to  Lyman  school  c.  89 

notice  of  committals c.  89 

See  Lyman  School. 

REFORMATORY    PRISON   FOR    MEN. 

age  limited c.  221 

approval  of  bills c.  221 

chaplain c.  221 

deductions  for  good  conduct    .    .     .  c.  222 

employment  of  prisoners      ....  c.  221 

established c.  221 

illicit  conveyance  of  articles  into  .     .  c.  221 

who  may  sentence  to,  and  for  what  .  c.  221 

officers  and  salaries c.  221 

removal  of c.  221 

permits  to  be  at  liberty c.  221 

recommitments c.  222 

removal  to c.  221 

removals  to  state  farm     ...      cc.  88,  2il 

removal  from,  when  insane.     .    .     .  c.  222 

salaries c.  221 

sentences  to cc.  221,  222 

REFORMATORY    PRISON     FOR 
WOMEN. 

approval  of  bills c.  221 

cost  of  removal  of  prisoners    .     .     .  c.  219 

depntv  or  temporary  superintendent,  c.  221 

employment  in c.  221 

escapes  are  punished c.  221 

female  convicts  from  United  States 

court c.  221 

office  of  treasurer,  steward  and  school 

mistress  abolished c.  221 

recommitments c.  222 

release  of  prisoners  transferred  from,  c.  221 

salaries c.  221 

schoolmistress  and  chaplain    .     .     .  c.  221 

REFORMED  EPISCOPAL  CHURCH. 

officers  of c.  37 

REGISTERS  OP  DEEDS. 

l)y  whom  sworn c.  21 

women  may  be  assistant     ....  c.  24 

REGISTERS  OP  PROBATE. 

allowances c.  158 

salaries c.  158 

REGISTRARS  OF  VOTERS. 

members c.  fi 

removal  of c.  6 

temporary c.  6 

REGISTRATION  OF  CRIMINALS. 

provided  for c.  209a 


REGISTRATION  OF  VOTERS. 

law  rovi.ved c.  (> 

presumption  of  regularity  ....        c.  6 

REGISTRY  OF  DEEDS. 

indexes c.  24 

new,  in  Worcester c.  24 

REINSURANCE. 

regulated c.  119 

RELIEF  SOCIETIES. 

by  railroad  and  steamboat  employees,  c.  llo 

railroads  may  join c.  115 

and  street  railroads c.  115 

funds  exempt  from  attachment,  cc.  115,  183 

RELIGIOUS   SOCIETIES. 

by-laws ('.38 

records  of  extinct c.  37 

trustees  of c.  39 

REMOVAL  OF  ACTIONS. 

time c.  IGl 

REPLEVIN.  . 

no  bond  on  ajjpcal cc.  155,  184 

REPORTS. 

numlfcr  to  be  jirinted c.  4 

what  to  be  printed c.  4 

REPORTS,  LAW. 

publication c.  Iii9 

salary  of  reporter c.  159 

REPRESENTATIVES,  HOUSE  OF. 

districts c.  8 

pay  of  members c.  2 

of  officers c.  2 

returns c.  8 

REPRESENTATIVES  IN  CONGRESS. 

districts c.  9 

residence t;.  9 

REQUISITIONS. 

expense c.  218 

RESTRICTIONS. 

affecting  real  estate,  construction      .    c.  12(i 
determining  validity c.  176 

RETURNS. 

by  sherilfs c.  217 

of  foreign  insurance  companies    .     .    c.  105 

REVIEW.  ,„_ 

bonds  to  prosecute,  form      .     .     .     .    c.  187 
stay  of  execution  without  security  .    c.  187 

ROGUES,  ETC. 

huw  ])unished c.  207 

ROYALTY  PAYING  MACHINES. 

taxation c.  11 

RUFFED  GROUSE. 

protecteil c.  92 

RULES. 

proliate  court c.  bib 

police  courts c.  151 

SAFE  DEPOSIT  CORPORATIONS. 

business  regulated c.  118« 

foreign,  to  indicate  country      .     .    .c.  118« 

incoi])oration cc.  105,  118« 

investments c.  118« 

name  limited c.  118a 

personal  liability c.  106 

removal  of  contents  of  vaults  .    .     .  c.  llSn 
taxation c.  13 


828       Subjects  of  New  Legislation,  1882-1890. 


SAFETY  FUND  AND  LOAN  ASSO- 
CIATIONS. 

See  Co-operative  Banks. 

SAILORS. 

exempt  from  civil  service  examina- 
tion       Title  vii. 

transportation  of  destitute  ....  c.  69 
wages  or  lay  exempt  from  attach- 
ment      c.  183 

SALARIES. 

auditor  and  his  clerk c.  16 

clerks  and  assistant  clerks  of  senate 

and  house c.  2 

commissioners  of  savings  banks  and 

clerks c.  116 

commissioners  of  prisons,  secretary 

of c.  219 

commissioner  of  state  aid   ....  c.  30 

county  officers cc.  22,  23 

deputy  tax  commissioner  and  his 

clerks c.  13 

district  attorneys,  etc c.  17 

district  courts  " c.  154 

deputy  superintendent  of  reformatory 

prison  for  women c.  221 

engineer  at  state  prison c.  221 

executive  clerk  of  governor     ...  c.  15 

executive  messenger c.  15 

first  clerk  of  secretary c.  15 

governor c.  15 

inspector  of  liquor c.  100 

insurance  department c.  119 

judges  and  clerks c.  154 

judges  of  superior  court c.  152 

members  of  legislature c.  2 

officers  of  court c.  1-59 

officers  of  general  court c.  2 

officers  of  police  courts,  etc.    .     .    .  c.  154 

officers  of  prol)ate  courts     .    .    .    .  c.  158 

officers  of  state  librarj' c.  5 

officers  of  state  prison c.  221 

officers  of  reformatories c.  221 

private  secretary  of  governor  ...  c.  15 

police  court c.  154 

probate  court c.  158 

railroad  commissioners.clerk  and  ac- 
countant    c.  118 

secretary  of  the  Commonwealth  and 

his  clerks c.  15 

sergeant-at-arms c.  5 

sheriffs c.  25 

treasurer  and  his  clerks c.  16 

SALES. 

bankrupt  and  transient c.  67 

conditional,  of  household  furniture 

or  goods c.  192 

fraud  in c.  60 

of  coal  by  measure c.  60 

of  commercial  fertilizers     ....  c.  60 

of  lumlier c.  63 

of  poultry c.  58 

SALMON. 

protected c.  91 

SANITARY  PROVISIONS. 

in  factories,  etc c.  48 

SAVINGS  BANKS. 

annual  report,  form  of c.  116 

Ijunds  of  treasurers c.  116 


SAVINGS  BANK.S—  Concluded. 

books  of  insolvent c.  116 

claims  against  insolvent c.  116 

deposit  hooks  to  be  verified      .     .    .  c.  116 

deposits  in  banks c.  116 

deposits,  limitation  of c.  116 

examination  of c.  116 

extra  dividends c.  1 16 

interest,  limitation  of c.  116 

investments c.  116 

land  held  for  foreclosure     .    .    .    .  c.  116 

liability  to,  limited c.  116 

limit  to  loans  to,  on  personal  se- 
curity        c.  116 

members,  forfeiture  of  office  .    .    '.  c.  116 
names  of  board  of  investment  to  be 

published c.  116 

not  incorporated  here,  unlawful  ,  .  c.  116 
notices  of  special  meetings  .  .  .  .  c.  116 
only  one  place  of  business  .  .  .  .  c.  116 
orders  are  payable  after  death .  .  .  c.  116 
president  and  treasurer  cannot  bor- 
row    c.  116 

reimbursements  of  tax c.  13 

retui^n  classifying  deposits,  when  .    .  c.  116 

salary  of  commissioners c.  116 

storage  of  books  of  insolvent  - .    .    .  c.  116 

taxation c.  13 

time  for  selling  real  estate  .    .    .    .  c.  116 

trial  balance  of  depositors's  ledger  .  c.  116 

trustee,  forfeiture  of  otRce    .    .    .    .  c.  116 

unclaimed  deposits,  return  of  .    .    .  c.  116 
unclaimed  money  in  receivers'  hands,  c.  116 

SAVINGS  BANK  COMMISSIONERS. 

board  increased c.  116 

need  not  examine  accounts  ....  c.  23 

reports c.  4 

salaries c.  116 

SCHOOL  BOOKS  AND  SUPPLIES. 

to  be  furnished c.  44 

dues  or  taxes  for,  may  be  abated,  cc.  11,  44 

SCHOOL  FOR  FEEBLE-MINDED. 

notices  of  applications  for  admission,  c.  87 

SCHOOL  COMMITTEE. 

notice  of  election c.  28 

SCHOOL  DISTRICTS. 

abolished c.  45 

towns  to  sue  or  defend  for  ...    .  c.  45 

SCHOOL  FUND. 

distribution  of c.  43 

SCHOOLS. 

attendance c.  47 

children   sick  with   contagious  dis- 
eases      c.  47 

books  and  apparatus  may  be  pro- 
cured for c.  44 

enticing  from,  punished c.  48 

evening c.  44 

evening  high c.  44 

fund,  money  devoted  to c.  43 

half  time    ." c.  47 

notice  of  opening c.  44 

instruction  in  hand  tools      ....  c,  44 

in  physiology  and  hygiene   ...  c.  44 

patriotic  services c.  44 

sales  of  liquor  near c.  100 

sanitary  provisions  and  ventilation  .  c.  104 

superintendent  of c.  44 


Subjects  of  New  Legtst.atton,  1882-1890. 


820 


SCHOOLS  -  Conrl,uU.l. 

tcaoheis,  tenure  of  office      ....     c.  44 

tfiuLiujj;  rcquucd c.  47 

truants c.  48 

violating  rules c.  48 

SCHOOLS  EVENING. 

attcnilnnce  of  cliikiren C.  47 

ostablishniont  of,  in  certain  cities     .      c.  44 

SCHOOLS,   SUPERINTENDENT  OF. 
See  Stpckintcndknt  ok  .Schools. 

SEALEBS    OP    WEIGHTS    AND 
MEASURES, 

appointment  of c.  Gfi 

deputy,  appointment  and  duties  .    .     c.  C6 

SEALS. 

l)ounty  for  destruction c.  91 

SEAMEN. 

advance  wages c.  69 

transportation  of  destitute   ....      c.  69 

SEARCH  WARRANT. 

for  goods  insured c.  212 

for  liquor,  by  whom  issued       .     .     ,  c   100 

to  require  seizure  of  furniture  .    .     .  c.  100 

for  pool  tickets c.  212 

property  seized  on,  disposal    .     .    .  c.  212 

SEATS. 

for  female  employees c.  74 

SECRETARY  OF  COMMON*WEALTH. 

salary  of c.  15 

salary  of  clerks c  1.5 

messenger  and  clerk  hire    ....  c.  15 

SEDUCTION. 

punished c.  207 

SENATE. 

compensation  of  officers c.  2 

districts c.  8 

pay  of  members c.  2 

salary  of  clerk  and  assistant  clerk  .  c.  2 

SENTENCE. 

to  jail  instead  of  house  of  correction,    c.  21.5 
successive c.  215 

SEPARATE  MAINTENANCE. 

appeals c.  156 

jurisdiction c.  150 

SERGEANT-AT-ARMS. 

salary  of c.  5 

salaries    and    designations    of    his 

appointees c.  5 

SETTLEMENT. 

of  title c.  17*^ 

who  may  bring c.  176 

who  may  join c.  176 

what  may  be  joined c.  176 

SEWAGE. 

land  for  disposal  of c.  50 

SEWERS. 

to  protect  water  supply c.  81 

power  of  board  of  health   ....      c.  80 

SEWER  ASSESSMENTS. 

lien  for c.  50 

redemption  of  land  sold  for     .    .    .     c.  50 

SEXTONS. 

returns c.  32 

SHAD. 

protected c.  91 


SHADE   TREES. 

taxing  for c.  27 

SHERIFF. 

may  adjourn  police  or  district  courts,    c.  1.54 
prcjcess  for  or  against,  how  served    .     c.  25 

returns  by c.  217 

salaries c.  25 

deputies. 

See  Ofi'ickks. 

SHIPS. 

taxation c.  11 

owners  to  appoint  agent c.  69 

See  Pilots. 

SHOWS. 

children  attending c.  102 

unlicensed c.  102 

SINKING  FUNDS. 

returns  to  he  made c.  11 

SKATING  RINKS. 

licensing c.  102 

SMALL-POX. 

local  boards  of  health  to  notify  state 

board c.  80 

transportation  of  bodies  of  persons 

dying  of c.  32 

SOLDIERS. 

agent  for  pensions c.  30 

aid  may  be  entrusted  to  grand  army 

posts c.  30 

exempt  from  civil  service  examina- 
tion       Title  vii. 

headstones  or  monucoents  for  .    .    .  c.  27 

burial c.  30 

pensions,  assistance c.  30 

return  of  death c.  32 

support  at  homes c.  30 

state  aid  extended c.  30 

SOLDIERS'  HOME. 

money  from  Congress c.  28 

SOLDIERS'  RELIEF. 

provided  for c.  28 

SPECIAL  JUSTICES. 

fees  at  inquests c.  26 

STATE  AID. 

burial c.  30 

extended c.  30 

investigation c.  30 

law  revised c.  30 

may  be  entrusted  to  grand   army 

posts c.  30 

salary  of  commissioner c.  30 

support  at  homes c.  30 

STATE  ALMSHOUSE. 

trustees      c.  86 

superintendent c.  86 

removal  of  paupers c.  86 

STATE  BOUNDARY, c.  1 

STATE  DOCUMENTS. 

number  and  distribution  of      ...       c.  4 

STATE   FARM. 

discharge  of  boys c.  88 

trustees c.  88 

location  changed c.  88 

name  changed c.  88 

persons  leaving  and  begging  punished,  c.  88 

removals  from cc.  88,  221 


830       Subjects  op  New  Legislation,  1882-1890. 


STATE   FARM  — Co7icluded. 

removals  to cc.  88,.221 

who  sentenced  to cc.  207,  219 

STATE  HOUSE. 

contingent  expenses  at c.  5 

STATE  INDUSTRIAL  SCHOOL. 

commitments  by  United  States  court,  c.  89 

notice  of  commitments c   89 

recovery  of  expense c.  89 

STATE  LANDS. 

harljor  commissioners  to  have  charge 

of c.  19 

STATE  LIBRARY. 

annual  appropriation  for  liooks     .     .        c.  5 

clerks c.  5 

librarian c.  5 

STATE  LUNATIC  HOSPITALS. 

commitments  to c.  87 

female  physician  for c.  87 

meetings  and  reports c.  87 

number  and  sex  of  trustees  ....  c.  87 
See  Insane. 

STATE   OFFICERS. 

election  of c.  8 

advances  for  small  expenses    ...  c.  16 

STATE  PRIMARY  SCHOOLS. 

notice  of  committals c.  89 

pauper  children c.  89 

STATE  PRINTING. 

contract  for c  4 

STATE   PRISON. 

appeal  to  governor  and  council    .     .  c.  221 

approval  of  bills c.  221 

instruction  in c.  221 

officers  and  salaries c.  221 

printing  in c.  221 

recommitments c.  222 

removals  to  and  from c.  221 

removal  of  officers c.  221 

removed  to  Boston c.  221 

STATE  REFORM   SCHOOL. 
See  Lyman  School. 

STATE  WORKHOUSE. 

See  State  Farm. 

STATISTICS  OF  LABOR. 

papers  may  be  destroyed     ....      c.  31 
report  of cc.  4,  31 

STATUTE   OF  FRAUDS. 

agreement  to  make  will  must  be  in 

writing c.  78 

STATUTES. 

acceptance  of c.  3 

construction        c.  3 

supplement c.  4 

taljles  and  indexes c.  4 

STEAMBOATS. 

on  Lord's  day c.  98 

STEAMBOAT   EMPLOYEES. 

relief  societies c.  115 

STEAMBOAT  POLICE. 

See  DisTKiCT  I'oi.ice. 

STEAM  BOILERS. 

returns cc.  11,  13 

STENOGRAPHERS. 

superior  court  may  appoint.    .     .    .    c.  159 
fees  of c.  159 


STOCKS. 

records  of  transfers c.  105 

STREET    COMMISSIONERS    OF 
BOSTON, 

powers  of c.  49 

STREETS. 

See  Ways. 

STREET  RAILWAYS. 

cal)le  system  authorized      .     .    cc.  112,  113 

capital  reducing c.  113 

children  selling  on  cars c.  118 

fenders  and  guards c.  113 

increase  of  capital c.  113 

liability  for  loss  of  life c.  112 

Meigs  system c.  113 

mortgage  of  roads c.  113 

proxy  voting c.  113 

relief  associations c.  115 

running  over  other  roads     ....  c.  113 

SUBPCBNA. 

issue  of c.  69 

service  by  police  ofBcers c.  213 

SUGAR. 

from  beets,  bounty c.  77rt 

SUMMONS. 

when  to  issue  instead  of  warrant  .    .  c.  212 

SUPERINTENDENT  OF  SCHOOLS. 

towns  may  unite  to  employ      ...  c.  44 

assistance  of  small  towns    ....  c.  44 

SUPERIOR  COURT. 

Hppeals  from  probate  court .    .    .    .  c.  152 

claims  against  state c.  19o 

clerks  may  use  fac-simile  of  signature,  c.  159 
divorce,  jurisdiction  of    •    .    .    cc.  146,  152 
in  Plymouth  may  adjourn  to  Brock- 
ton .    .    .    ". c.  152 

in  Essex  may  adjourn  to  Haverhill  .  c.  152 
jurisdiction  in  equity,  pleadings  and 

practice c.  152 

justices,  number  increased  .    .    .    .  c.  152 

may  retire  on  salary c.  152 

may  appoint  stenographers .    .    .    .  c.  159 

officers  in  attendance c.  159 

provision  as  to  justice  holding  crim- 
inal terms  repealed c.  152 

removal  of  actions  from c.  152 

salaries  and  expenses  of  justices  .    .  c.  152 

salaries  of  officers c.  152 

stenographers c.  159 

terms  of c.  152 

to  be  uniformed c.  159 

trial  list  in  criminal  cases    .    .    .    .  c.  214 

venue,  change  of c.  161 

SUPERVISORS  OF   ELECTIONS. 

swearing  of c.  7 

SUPREME  JUDICIAL  COURT. 

expenses  of  justices c.  150 

frivolous  appeals c.  150 

justices  may  retire  on  salary    .     .    .  c,  150 

salaries  of  officers c  159 

special  terms  for  capital  cases  .    .    ,  c.  150 

term  in  Worcester  changed     .    .    ,  c.  150 

venue,  change  of c.  161 

SURVEY. 

of  lumber c.  63 


Subjects  of  New  Legislation,  1882-1890.       831 


TAX  COMMISSIONEB. 

Drtice  of,  (.reatcd c. 

saluiy  of  deputy c. 

clerks c. 

to  furnisb  blanks c. 


TAX  SALES. 

custody  of  deeds c. 

surrender  of  deed c. 

niort.sasred  estate c. 


'6"e 

TAXES. 

collection c 

notice c 

entries  of  disposition  of  tax     .    .    .  c, 

fees c, 

demand c, 

arrest  and  commitment c, 

re-assessment c. 

summons c. 


TAXATION. 

abatement,  application  by  tenant     .  c. 

accident  insurance  companies  .    .     .  c. 

appeal  to  superior  court  .     .    .    .cell, 

apportionment c. 

assessment  districts c. 

assignees c. 

bank  shares,  lien c. 

bonds  of  all  railroads  taxable  .    .     .  c. 

suits  about c. 

collection  of,  law  codified    .    .    .  cc.  11, 

co-operative  banks c. 

corporations c. 

costs  on  appeal  for  abatement .    .    .  c. 

debts  which  are  to  be  deducted  from 

assets • c. 

errors  in  tax  bills c. 

exemptions cc.  11, 

tidelity  insurance  companies    .    .    .  c. 

foreisiu  corporations   ....      cc.  13,  1 

guaranty  insurance  companies     .     .  c. 

horticultural  societies  exempt .     .    .  c. 

insurance  companies (;. 

limitation  of c. 

lists  of  persons  assessed  for  polls     .  c. 

lists  and  returns  of  charities  .     .    cell, 

mortgaged  real  estate c. 

omitted  estates c. 

over  or  under  valuation  punished    .  c.  27 

overlay  valid c. 

ownership  of  record c. 

personal  property  of  assignees,  joint 

owners,  etc c. 

royalty  paying  machines     ....  c. 

safe  deposit,  loan  and  trust  com- 
panies    c. 

sale  of  property  taken  for    ...    .  c. 

for  school  books  may  be  abated    .  cc.  11, 

savings  banks cc.  13,  1 

service  of  summons c. 

surrender  of  title  to  city c. 

tax  list,  form  of c. 

tax  bills  to  state  apportionment  of 

state  and  county c.  11 

table  of  aggregates c.  11 

title  insurance  companies     ....  c.  13 

telephone  companies c.  13 

valuation  books c.  11 

valuation  established c.  11 

vessels  in  foreign  trade c.  11 


TA-KATION  —  ConcluiJed. 

warrant,  return  of c.  12 

what  must  be  enumerated    ....  c.  11 

TEACHEKS. 

tenure  of  oflicc c.  44 

TELEGRAPHS  AND  TELEPHONES. 

cannot  enter  property c.  109 

damages  to  abutters  on  streets     .    .  c.  109 

discrimination  forbidden      .    .    .    .  c.  109 

in  foreign  countries,  how  taxed    .    .  c.  11 

law  extended c.  54 

liaJjility  established c.  109 

names  to  be  pixt  on  posts     .    .     .    .  c.  109 

regulated c.  109 

taxation c.  13 

TELLERS. 

at  town  meetings c.  7 

TEMPERANCE   SOCIETIES. 

exemption  ironi  taxation     ....  c.  11 

TEMPORARY  LOANS. 

in  cities  and  towns c.  29 

TEN  HOUR  LAW. 

evidence  of  age c.  74 

employment  of  children c.  48 

mercantile  establishments    ....  c.  74 

notices  of  hours  of  lalior     ....  c.  74 

TENEMENT  HOUSES. 

fire-escapes c.  104 

TENURE  OF  OFFICE Title  vii. 

THEATRES. 

fire  curtains c.  104 

THEATRICAL  ENTERTAINMENTS. 

unlicensed c.  102 

TIDE-WATERS. 

removal  of  obstructions  in  .  .  .  .  c.  97 
TIMBER. 

in  Connecticut  river e.  94 

TITLE  INSURANCE  COMPANIES. 

authorized c.  106 

taxation  of c.  13 

TOBACCO. 

sale  to  persons  under  sixteen  .    .    .  c.  208 

TOMBS. 

closing  of c.  82 

TOOLS. 

instruction  in  use  of c.  44 

TOWNS. 

anniversaries,  celebration    ....  c.  27 
annual  payment  of  debts  instead  of 

sinking  funds c.  29 

auditors  to  be  elected c.  27 

auditors,  vacancies c.  27 

boundary  lines c.  27 

burial  places,  may  receive  funds  for,  c.  82 

constables' names  to  be  returned.     .  c.  27 

counsel,  may  employ c.  27 

culture  of 'trees  or  forests    ....  c.  27 

defacing  warrants  punished     .    .     .  c.  203 

disposal  of  garbage  and  oflal  ...  c.  27 

disposal  of  sewage c.  50 

elections c.  27 

tleciion  of  assessors  and  overseers 

of  the  poor c.  27 

evening  schools  in  certain    ....  c.  44 
grand  army,  may  lease  public  build- 
ings to c.  27 


832       Subjects  of  New  Legislation,  1882-1890. 


TOWNS—  Concluded. 

headstones  on  monument  for  soldiers  c.  27 

indexes  of  records c.  37 

issue  of  l)onds,  notes,  etc c.  29 

may  contract  with  other  towns  for 

sewers  to  protect  water  supply  .  c.  81 
may  unite  to  employ  superintendent 

of  schools c.  44 

meetings c.  27 

notice  of  highway  injuries  ....  c.  r)2 

parks c.  27 

petroleum,raay  regulate  inspection  of,  c.  102 

precinct  voting c.  7 

precincts  may  be  discontinued     .    .  ,    c.  7 

recount  of  Ijallots c.  7 

returns  of  sinking  funds      ....  c.  11 

regulation  of  carriages c.  28 

of  telegraph  wires c.  27 

school  districts,  to  sue  or  defend  for,  c.  45 

soldiers'  monuments c.  27 

supervisors  sworn c.  7 

taxing  for  shade  trees c.  27 

temporary  loans c.  29 

tellers  may  be  appointed     ....  c.  27 

voters  to  register c.  27 

who  to  preside  at  special  meetings   .  c.  27 

TOY  PISTOLS. 

sale  forbidden c.  102 

TRADE  MABKS. 

labels,  stamps  of  labor  associations,  c.  203 

TRADE  ORGANIZATIONS. 

incorporation c.  115 

TRAMPS. 

persons  leaving  almshouse  or  work- 
house and  begging c.  88 

who  are,  and  how  punished     .     .    .  c.  207 

TREASURER,  STATE. 

additional  clerk c.  16 

extra  clerks c.  16 

office  hours c.  21 

salary c.  16 

salaries  of  clerks c.  16 

standard  of  exchange c.  16 

TREES. 

act  need  not  be  accepted c.  54 

land  taken  for,  by  cities  .     .     .     .  cc.  27,  49 

may  be  planted  l)y  cities      ....  c.  54 

removal  of,  in  ways c.  52 

shade  and  ornamental,  preservation,  c.  54 

TRESPASS. 

on  enclosed  land c.  203 

tearing  down  notice c.  203 

on  public  lands c.  203 

with  fire-arms c.  203 

TRIAL  JUSTICES. 

authority  to  summon  witnesses    .    .  c.  15.5 

failing  to  attend c.  212 

fees c.  199 

jurisdiction  in  milk  cases    .    .    .    .  c.  155 

may  refuse  to  allow  fees     .    .    .    .  c.  199 

power  to  sentence  to  reformatory     .  c.  155 

to  commit  children c.  15.5 

preservation  of  dockets  and  records,  c.  155 

proceedings  where  he  fails  to  attend,  c.  212 

returns c.  155 

unfinished  business c.  155 

uniform  dockets  and  blanks    .    .    .  c.  155 


TRIAL  JUSTICES—  Concluded. 

warrants c.  155 

wlicn  to  pay  over  money      ....  c.  1.55 

witness  fees  to  be  paid c.  154 

TRIAL  LIST. 

criminal  in  superior  court    .    .    .    .    c.  214 

TRIALS. 

day  may  be  fixed  by  agreement  .    .    c.  167 
trial  justice  failing  to  attend    .     .     .    c.  212 
where  more  than  one  shire  town  .     .    c.  167 
See  JuvENiLK  Offenders. 

TROUT. 

protected c.  91 

TRUANTS. 

arrest c.  48 

TRUANT  SCHOOLS. 

union c.  48 

TRUST  COMPANIES. 

incorporation cc.  105,  118« 

personal  liability cc.  106,  118« 

business  regulated c.  11  Sir 

taxation c.  13 

TRUSTEES. 

confirmation  of  acts c.  142 

foreign,  must  appoint  agent     .     .    .  c.  141 

for  what,  may  mortgage c.  1 1 1 

TRUSTEE  PROCESS. 

appeai'ance  and  answers c.  183 

claimant,  proceedings  where    .    .    .  c.  183 

costs c.  1S3 

from  trial  justices,  when  returnable  .  c.  183 

return,  appearance  and  answer    .    .  e.  183 

relief  societies  exempt c.  183 

sailors'  wages  or  lay  exempt   .    .    .  c.  183 

fishermen's  not  exempt c.  183 

UNDERTAKERS. 

returns c.  32 

UNLAWFUL     SEXUAL    INTER- 
COURSE, 
inducing c.  207 

UNNATURAL  AND  LASCIVIOUS 
ACTS, 
punished c.  207 

UNITED  STATES. 

jurisdiction  of  land  ceded  to    .    .    .       c.  1 

USURY. 

on  small  loans c.  77 

VENUE. 

change  of c.  161 

in  equity  suits c.  161 

VESSELS  IN  FOREIGN  TRADE. 

taxation c.  11 

VETO. 

of  separate  items c.  28 

VINEGAR. 

adulteration  of c.  60 

inspection  of c.  60 

pay  of  inspectors c.  60 

VOLUNTARY  SOCIETIES. 

embezzlement c.  203 

VOTERS. 

persons  not  qualified,  punished    .    .       c.  7 
to  be  allowed  time  to  vote  ....       c.  7 

See  Registration  ;  Election  ;  Registration 
OF  Voters. 


Subjects  of  !N'ew  Legislation,  1882-1890.      833 


VOTING    LIST. 

See  Check  List. 

"WAGERING   CONTRACTS. 

forbidden c.  99 

"WARDS. 

new,  abolished c.  28 

new  division c.  '28 

return  of  division c.  28 

return  of  inhabitants  and  voters  by,      c.  28 
See  Cities. 

"WAREHOUSES. 

public c.  72 

non-negotiable  receipts c.  72 

sale  of  goods  for  charges      ....     c,  72 

"WARRANTS. 

by  justices  of  the  peace c.  155 

to  officers  in  any  county c.  212 

See  Search  Warrants;  Towns. 

"WATCHMEN. 

in  boarding  houses,  hotels,  etc.    .    .    c.  104 

"WATER  SUPPLY. 

bathing  in  ponds  forbidden      ...  c.  80 

pollution  may  be  restrained    ...  c.  80 

powers  of  board  of  health   ....  c.  80 

supervision  of c.  80 

■WAYS. 

guide  posts  required c.  53 

removal  of  trees  in e.  52 

watering c.  28 

See  Highways. 

WEAVING. 

fines  for  imperfect c.  74 

"WEEKLY   PAYMENTS     ....      c.  74 

"WEIGHERS. 

of  fish c.  56 

"WEIGHTS    AND    MEASURES. 

standards c.  65 

for  cranberries c.  60 

for  coal c.  60 

of  beans,  cider  apples  and  peas     .    .  c.  60 

possession  of  unlawful,  punished      .  c.  65 

deputy  sealer c.  65 

"WIPE. 

See  Married  Woman. 

WILD    DUCKS. 

protection  of c.  92 

WILD    FOWL. 

protection  of c.  92 

"WIRES. 

over  streets  regulated c.  109 


WILL. 

agreement  to  make,  must  be  in  writ- 
ing    c.  78 

expenses  of  proving c.  130 

failure  of  issue,  meaning     .    .    .    .  c.  126 
legacv  to  minor  deposited    .    .    cc.  136,  144 

mutilation  of c.  203 

probate,  how  far  conclusive     .     .    .  c.  130 

WITNESSES. 

attendance  before  special  tribunal    .  c.  169 

before  police  commissioners     .    .     .  c.  169 

binding  over c.  212 

fees  at  inquests c.  26 

fees  of,  when  salaried  officer, 

cc.  26,  87,  199,  216,  221 
fees  at  insolvent  debtors' examination,  c.  157 

fees  for  summoning c.  199 

power  of  justices  to  summon   .    cc.  155,  169 

subpoenas  for c.  169 

WOMEN. 

assessment  of c.  6 

authorized  to  administer  oaths,  etc. .  c.  18 

arrest  and  detention c.  220 

employment  of c.  74 

female  physician  for  lunatic  hospitals,  c.  87 

may  be  assistant  register  of  deeds    .  c.  24 

maj'  practise  law c.  159 

may  be  special  commissioner  ...  c.  18 

meal  times c.  48 

night  labor c.  74 

everseers  of  the  poor c.  27 

registration  of c.  6 

See    Employment;    Married    Woman;    Re- 
formatory Prison. 

WOODCOCK. 

protected c.  92 

"WOODEN  FLUES. 

forbidden c.  104 

"WORCESTER  COUNTY. 

divided  for  registry c.  24 

terms  of  supreme  court  in  .     .    .    .  c.  150 

"WORKHOUSE. 

transfer  of  inmates c.  88 

trustees c.  88 

WRECKS. 

disposal  of c.  97 

removal  of c.  97 

WRITS. 

fac-simile  of  signature c.  161 

and  orders  issued  in  other  counties  .  c.  161 


INDEX. 


INDEX. 


A. 

Page 

Abbott,  James,  in  favor  of 552 

Academy,  Arms,  may  hold  additional  real  and  personal  estate  .         .  53 

Academy,  Tabor,  incorporated 123 

Accident,  fidelity  and  guaranty  insurance  companies,  foreign,  to  pay 

an  excise  tax  upon  premiums 180 

Accidents  in  mercantile  establishments,  etc.,  to  be  reported  to  the 

chief  of  the  district  police 74 

Accounts  of  county  treasurers,  examination  and  certification  of       .  341 

Accounts  and  returns  of  certain  public  oflicers,  relating  to        .         .  193 
Action  of  replevin,  bond  not  to  be  required  when  plaintiflF  claims  an 

appeal 201 

Actions,  civil,  in  Commonwealth  cases,  contingent  expenses  of        .  351 

Acton  Memorial  Library,  incorporated 51 

Acts  and  resolves  of  the  Province  of  the  Massachusetts  Bay,  certain 

volumes  to  be  reprinted,  etc 542,  548,  559 

Adams,  Samuel,  commission  on  authenticity  of  bust  of,  in  the  state 

house 540 

Address  of  the  governor  to  tlie  legislature 571 

Administrators,  appointment  of 229 

Administrators,  sale  and  distribution  of  real  estate  by      .         .         .  229 

Advances  to  officers  entrusted  with  disbursement  of  public  moneys  54 

Aged  People,  Andover  Home  for,  incorporated 116 

Aged  Women,  Home  for,  in  Waltham,  may  hold  additional  estate    .  53 

Agents,  legislative,  employment  of,  regulated 529 

Aggregates,  tables  of,  required  to  be  made  by  assessors  of  taxes,  in 

relation  to        . 212 

Agricultural  college,  Massachusetts,  portion  of  report  of  trustees  to 

be  reprinted 549 

Agricultural  societies,  payments  of  bounty  to 249 

Agricultural  societies,  receiving  bounty  from  the  state,  not  to 
sell  or  mortgage  real  estate  unless  authorized  by  a  two- 
thirds  vote  of  members,  etc 238 

Agricultural  Society,  "Worcester  East,  incorporated  ....  39 


838  Index. 


Agricultural  Society,  "Worcester  East,  in  favor  of  .  .  .  .  543 
Agricultural  and   Horticultural  Society,  Union,  established  in  the 

town  of  Blandford,  may  take  laud  for  agricultural  purposes,  365 
Aid  to  small  towns  for  providing  school  superintendents  .  .  .  341 
Aid  to  soldiers,  sailors,  etc.,  by  cities  and  towns        ....       508 

Allen,  Drusilla  Eliza,  in  favor  of 540 

Almshouse,  state,  at  Tewksbury,  hospital  accommodations  for  men, 

moving  barn,  etc.,  provided  for 539 

Alpha  Theta  Chapter  of  the  Chi  Psi  Fraternity  in  WUliams  College,        67 
Amendments  to  the  Constitution,  proposed,  to  prevent  the  disfran- 
chisement of  voters  because  of  a  change  of  residence  within 
the  Commonwealth,  and  relative  to  soldiers   and   sailors 
exercising  the  right  of  suflVage,  to  be  voted  upon  by  the 

people      554,  555 

American  Christian  Convention,  Woman's  Board  for  Eoreign  Mis- 
sions of  the,  incorporated 192 

American  College  for  Girls   at    Constantinople    in   Turkey,  incor- 
porated     33 

Amesbury,  town  of,  highway  and  bridge  over  Powow  river  in,  may 

be  constructed  and  maintained 64 

Andover,  town  of,  Ballardvale  Union  Society  may  sell  parsonage  in,        47 

Andover  Home  for  Aged  People,  incorporated 116 

Andrews,  Hezekiah,  in  favor  of 548 

Anonymous  circulars,  etc.,  not  to  be  used  to  defeat  candidates  for 

public  office 342 

Appeal  by  plaintiff  in  replevin  suit,  bond  not  to  be  required  for  allow- 
ance of 201 

Appeals  from  assessors  of  taxes  to  the  superior  court,  authorized  .  102 
Appeals  from  probate  coui'ts  to  the  superior  court,  relating  to  .  223 
Appropriations  : 

Maintenance  of  Government,  — 
Legislative,    Executive,   Secretaiy's,   Treasurer's,  Auditor's, 
Attorney-General's,    Agricultural,  Educational,  Tax  Com- 
missioner's   and    Military    Departments ;    Commissioners ; 

miscellaneous 4 

3Iaintenance  of  Government,  additional,  — 
Supreme  Judicial,    Superior,   and    Probate   and    Insolvency 
Courts,  and  District  Attorneys,  salaries        ....         10 
Maintenance  of  Government,  further  additional,  — 
Legislative,  Executive  and  Agricultural  Departments,  com- 
missioners, state  house,  miscellaneous,  incidental  and  con- 
tingent expenses,  expenses  resulting  from  the  war  of  the 

rebellion 40 

Commonwealth's  flats  improvement  fund        ....        20 
certain  allowances  authorized  by  the  legislature  and  for  cer- 
tain other  expenses  provided  for  by  law       ....         14 
compensation  and  mileage  of  members  of  the  legislature,  for 
compensation  of  officers  thereof,  and  for  expenses  connected 
therewith 3 


Index.  839 

Page 
Appeoi'Riatioxs  —  Coucliided. 

compensation  and  mileage  of  officers  and  men  of  tlie  volunteer 

militia,  and  for  other  expenses  of  the  military  department   .         18 
extra  compensation   for  the  doorkeepers,    messengers   and 
pages  of  the  present  legislature  and  for  the  clerk  and  mes- 
sengers of  the  sergeant-at-arms     ......       528 

expenses  authorized  in  the  3'ear  1890,  and  for  certain  other 

expenses  authorized  b,v  law 127,  224,  51C 

deficiencies  in  appropriations  for  certain  expenses  author- 
ized in  the  year  1889  and  previous  years        .         .        .         .         19 

certain  educational  expenses 23 

carrying  out  the  provisions  of  the  act  relative  to  the  employ- 
ment of  prisonei's  in  the  prisons  of  tlie  Commonwealth        .         26 
extermination  of  the  insect  known  as  the  ocueria  dispar  or 

gypsy  moth 129 

investigations  into  tlie  best  methods  of  protecting  the  purity 

of  inland  waters 36 

expenses  of  the  board  of  railroad  commissioners     .        .         .       243 
furnishing  the  new  armories  in  the  cities  of  Boston,  Lowell 
and  Worcester,  and  for  certain  other  expenses  authorized 

by  law 291 

printing  and  binding  public  documents,  purchase  of  paper, 
publishing  of  laws,  and  preparing  tables  and  indexes  relat- 
ing to  the  statutes IG 

prison  and  hospital  loan  sinking  fund 20 

payment  of  extraordinary  expenses  ......       368 

purchase  of  real  estate  for  an  asylum  for  the  chronic  insane 

in  eastern  Massachusetts        .......       507 

providing  a  proper  representation  of  the  Commonwealth  at 
the  national  encampment  of  the  grand  armj^  of  the  republic 
in  Boston  the  present  j'ear,  and  for  other  expenses  author- 
ized by  law 241 

providing  additional  cell-room  at  the  state  prison  at  Boston, 

and  for  certain  other  expenses  authorized  by  law         .         .       362 
salaries  and  expenses  at  the  Lyman  school  for  boys  at  West- 
borough  ...........         32 

salaries  and  expenses  at  the  state  almshouse  at  Tewksbury,  35 
salaries  and  expenses  at  the  state  farm  at  Bridgfewater  .  .  35 
salaries  and  expenses  at  the  state  industrial  school  for  girls  .  36 
salaries  and  expenses  at  the  state  primary  school  at  Monson,  31 
salaries  and  expenses  of  the  state  district  police  force  .  .  44 
salaries  and  expenses  at  the  state  prison,  Massachusetts 
i-eformatory,  the  reformatory  prison  for  women,  and  for 

expenses  in  connection  therewith 28 

sundry  charitable  expenses 22 

Massachusetts  homeopathic  hospital,  hospital  cottages  at 
Baldwinsville,  and  for  certain  other  expenses  authorized 
by  law 473 


840  Index. 

Page 

Arbitration,  state  board  of,  act  establishing,  amended       .        .         .  344 

Arlington  Mills,  may  increase  capital  stock 25 

Armories,  new,  in  cities  of  Boston,  Lowell  and  Worcester,  furnish- 
ing provided  for 549 

Arms  Academy,  may  hold  additional  real  and  personal  estate  .         .  53 

Art  commission  for  the  city  of  Boston,  established   ....  100 

Arthur,  William  A.,  in  favor  of 549 

Asbury  First  Methodist  Episcopal  Church  of  Springfield,  The,  name 

established 179 

Assessment  insurance,  relating  to       ......         .  373 

Assessors  of  taxes,  appeals  from,  to  the  superior  court  authorized  .  102 

table  of  aggregates  required  to  be  made  by      .         .         .         .  212 

in  towns  of  over  5,000  inhabitants  to  cause  lists  of  assessed 

polls  to  be  printed  for  public  distribution,  etc.     .        .        .  259 

Associations  : 

Bradford  Library,  incorporated 198 

Dell  Park  Cemetery,  of  Natick,  incorporated  ....  65 

Marblehead  Building,  incorporated 26 

Massachusetts  State  Firemen's,  in  favor  of      .        .         .         .  514 
Mount  Vernon  Cemetery,  of  West  Boylston,  may  hold  addi- 
tional real  and  personal  estate 320 

Music  Hall,  of  Worcester,  name  changed  to  Worcester  Theatre 

Association  ;  may  increase  capital  stock       ....  18 
for  the  Protection  of  Destitute  Roman  Catholic  Children  in 
Boston,  may  be  appointed  guardian  of  any  minor  child  in 

its  care 97 

Roxbury  Real  Estate,  of  Boston,  incorporated         .         .        .  230 

Somerville  Firemen's  Relief,  incorporated        ....  95 

South  Boston  Building,  incorporated 231 

Woman's  Home  Missionary,  may  hold  meetings  in  any  state 

and  in  the  District  of  Columbia 218 

Worklngmen's  Loan,  state  director  to  certify  as  to  correct- 
ness of  annual  I'eport 37 

Associations  for  charitable,  educational  and  other  purposes,  par 

value  of  shares,  name,  capital  stock,  etc.      ....  176 

Asylum  for  chronic  insane  in  eastei'n  Massachusetts  to  be  established,  506 

Atlas  maps  of  Massachusetts  to  be  printed 550 

Attachment  by  the  trustee  process,  wages  and  lay  of  fishermen,  sub- 
ject to 246 

Attachment  of  the  property  of  newspaper  offices,  relating  to  .        .  340 

Attendance  of  children  in  the  schools,  relative  to      ...         .  343 
Attorney-general,  to  receive  from  clerks  of  courts  copies  of  bills  of 
exceptions,  etc.,  in  cases  in  which  the  Commonwealth  has 

an  interest 339 

Attorneys  in  the  supreme  judicial  and  superior  courts,  relating  to 

engagements  of       .        .        .        .         .         .        .        .        .516 

Auctioneers  and  sale  of  goods  at  auction,  relating  to        .        .        .  513 

Auditor  in  towns,  filling  vacancy  in  office  of 220 

Avon,  town  of,  may  make  an  additional  water  loan 21 


Index.  841 
B. 

Page 

Balances  of  co-operative  banks,  relating  to  loans  of          ...  71 

Ballardvale  Union  Society,  may  sell  parsonage  at  Andover       .         .  47 
Ballots,  cast,  etc.,  at  city,  town  and  state  elections,  also  polls  as- 
sessed and  voters  registered,  number  of,  to  be  returned  and 

published 201 

for  use  at  town  elections,  to  be  printed  and  distributed  at  the 

public  expense, 346 

printing,  distribution,  preparation,  etc.,  of      .        .        .        .  475 

Banking,  co-operative,  relating  to  the  business  of     .        .         .        .  262 

Bank,  Savings,  County,  in  Chelsea,  incorporated       ....  50 

Bank,  Savings,  Lenox,  incorporated 141 

Banks,  co-operative,  loans  of  balances  of .        .         .        .         .         .  71 

may  become  incorporated  with  the  consent  of  the  commis- 
sioners of  savings  banks         .......  213 

taxation  of         ..........  60 

Banks,  savings,  classification  of  deposits  in 45 

commissioners  of,  may  authorize  foreign  co-operative  banks 

to  do  business  in  this  state 262 

forfeiture  of  corporate  membership  in 200 

may  invest  in  first  mortgage  bonds  of  the  Concord  and  Mon- 
treal Railroad 249 

may  invest  in  the  first  mortgage  bonds  of  the  Maine  Central 

Railroad  Company 354 

may  invest  in  and  loan  upon  the  stock  of  safe  deposit  and 

trust  companies      .........  140 

publication  of  report  of  commissioners 102 

relating  to  investments  of 249,  335,  354 

refunding  of  cei'tain  taxes  assessed  against     ....  360 

Barnstable  county,  district  courts  established  in        ...         .  147 

Barnstable,  town  of,  bridge  over  Centreville  river  in         ...  37 

Barnstable,  town  of,  proceedings  at  annual  meeting  confirmed         .  247 

Bars,  public,  enforcement  of  the  law  against     .....  570 

Bay  State  Knitting  Company,  name  established  ....  15 
Beneficiary  corporations,  fraternal,  concerning  .  .  .  306,  357 
Berkshire  county,  commissioners  may  borrow  money  to  establish  a 

truant  school 87 

commissioners  may  borrow  money  for  repairs,  etc.,  on  court- 
house at  Pittsfield 91 

commissioners'  salaries  established 108 

Berkshire  Heights  Water  Company,  organization  confirmed,  etc.     .  468 

Bertillon  method  for  identification  of  criminals  ....  269 
Beverly  and  Danvers  Street  Railway  Company,  may  lease  its  road 

and  other  property           .         .         .         .         .         •         •         •  321 

Birds  and  game,  for  better  preservation  of 217 

Black  Rocks  and  Salisbury  Beach  Street  Railway,  may  purchase 

franchises,  etc.,  of  the  Plum  Island  Street  Railway  Company,  178 


842  Index. 

Page 
Blackstone,  town  of,  electric  light  and  power  in,  may  be  furnished 

by  the  Woonsocket  Electric  Machine  and  Power  Company,        45 
Blandford,  town  of,  Union  Agricultural  and  Plorticultural  Societj^ 

established  in,  may  take  land  for  agricultural  purposes       .       365 
Blind,  Perkins  institution  and  Massachusetts  school  for  the,  may 

hold  additional  estate 110 

Board  of  arbitration,  state,  act  establishing,  amended      .         .         .       344 
Board  of  health,  state,  to  have  supervision  of  streams,  etc.,  used  as 

sources  of  water  suppl_y  by  cities  and  towns        .         .         .       486 
Board,  state,  of  lunacy  and  charity  to  see  that  insane  persons  have 

hospital  care  and  treatment 367 

Board  of  Missions,  Woman's,  maj'  hold  meetings  outside  the  Com- 
monwealth        86 

Boiler  Insurance  Company,  Mutual,  charter  amended        ...         15 
Bond  in  action  of  replevin,  not  to  be  required  when  plaintifl"  claims 

an  appeal 201 

Bonds  issued  by  electric  light  companies,  in  relation  to    .         .         .       337 
Bonds  issued  for  the  metropolitan  sewerage  loan,  to  be  redeemable 

in  gold 84 

Boston,  city  of,  allowance  for  armories  in  .....       549 

art  commission  for,  established 100 

calling  of  meetings  for  elections,  etc.,  in,  provided  for  .         .       357 
King's  chapel  in,  tombs  under,  may  be  acquired  and  further 

interments  prohibited 175 

may  incur  indebtedness   beyond  its  limit  for  consti'ucting 

parks  in  the  Charlestown  district 233,  506 

may  incur  indebtedness  bej'ond  its  limit  to  erect  and  furnish 

school  houses 323,  360 

may  pay  supervisors  of  certain  elections  .         ....       366 

officers  and  departments  of,  relating  to 370 

undertakers  in,  to  be  licensed  by  the  board  of  health       .         .       191 

sewer  assessments  in,  relating  to 316 

Boston,  Association   for  protection  of  Destitute  Roman  Catholic 

Children  in,  may  be  appointed  guardian,  etc.         ...         97 
Boston,  Edison  Electric  Illuminating  Company  of,  may  increase 

capital  stock 86 

Boston  Electric  Light  Company,  may  increase  capital  stock,  whole 

amount  not  to  exceed  83,000,000 316 

Boston,  Koxbury  Real  Estate  Association  of,  incorporated        .         .       230 
Boston,  United  States  Hotel  Company  of,  may  use  land  for  any  law- 
ful purpose 52 

Boston  University,  trustees  of,  property  exempted  from  taxation, 

concerning 70 

Boston  and  Albany  Railroad  Company,  additional  trains  upon  the 

Mil  ford  branch  of 321 

Boston  and  Brookline,  boundary  line  between,  established        .         .       299 
Boston  and  Cambridge,  approaches  to  Harvard  bridge  in  .         .       299 


Index. 


843 


Page 
Bostou  and  Lowell  Kailroail  Corporation,  assigumeut  of  lease  of 
Northern  Railroad  to,  may  be  accepted  by  the  Boston  and 

Maine  Railroad 27 

Boston  and  Maine  Railroad,  may  accept  an  assignment  of  the  lease 
of  the  Northern  Railroail  to  the  Bostou  and  Lowell  Railroad 

Corporation 27 

Bostou  and  Maine  Railroad  may  guai-anty  bonds  of  the  St.  Johns- 
bury  and  Lake  Champlain  Railroad  Company       .        .         .  361 
Boston  and  Maine  Railroad,  may  purchase  franchises,  etc.,  of  the 
Eastern  Railroad  Company,  and  the  Eastern  Railroad  in 
New  Hampshire  and  of  the  Portsmouth,  Great  Falls  and 
Conway  Railroad,  and  increase  capital  stock        .        .        15-t,  157 
Boston,  Mutual  Boiler  Insurance  Company  of,  charter  amended,      .  15 
Boston,  Winthrop  and  Shore  Railroad  Company,  may  discontinue 

and  abandon  a  part  of  its  road  in  town  of  Revere          .         .  71 
Boundary  line,  between  the  city  of  Boston  and  town  of  Brookline, 

changed  and  established 299 

between  the  towns  of  Littleton  and  Boxborough,  defined        .  211 

between  Massachusetts  and  New  Hampshire,  relating  to        .  557 

Bounties  to  agricultural  societies,  relating  to 249 

Bowerman,  Joshua  L.  D.,  in  favor  of  estate  of 535 

Boxborough  and  Littleton,  boundary  line  between,  established        .  211 

Boys,  Lyman  school  for,  allowance  for  new  building  at    .         .         .  553 

Bradford  Library  Association,  incorporated 198 

Brant  Rock  Water  Company,  incorporated 143 

Bridge,  over  Centreville  river  in  Barnstable 37 

Harvard,  approaches  to,  in  Boston  and  Cambridge,  relative 

to 299 

across  a  tide-water  creek  in  Mattapoisett         ....  54 

over  Powow  river  in  Amesbury 64 

Bridges  over  Charles  river,  certain,  passage  of  vessels  through  the 

draws  of 97 

Bristol   county,  commissioners  to  cause  copies  of  records  in  the 

registry  of  deeds  to  be  made,  etc 129 

Bristol  countj',  commissioners  may  lay  out  highway  and  build  bridge 

over  Cole's  river  in  Swanzey 251 

Brockton,  city  of,  court  house  to  be  built  at, 290 

exemption  from  debt  and  tax  limit 113 

may  appoint  a  board  of  commissioners  of  sewerage  construc- 
tion             216 

may  appropriate  money  for  erection  of  a  memorial  hall  .         .  473 

may  make  an  additional  water  loan  ......  38 

may  make  an  additional  drainage  loan      .....  87 

Brookline  and  Boston,  boundary  line  between,  established         .        .  299 

Brooks  and  streams,  to  prevent  injury  to  fish  in,  by  saAvdust,  .         .  106 

Buckley,  Patrick,  in  favor  of       .......         .  534 

Building  Association,  Marblehead,  incorporated        ....  26 

Building  Association,  South  Boston,  incorporated     ....  231 


844  Index. 


Buildings  and  land,  lien  on,  in  certain  cases  may  be  released  by 

giving  bond 342 

Bulletin  of  committee  hearings  to  be  published         ....  533 

Burbank  Hospital,  incorporated 385 

Bureau  of  statistics  of  labor,  chief  of,  may  publish  his  reports  in 

parts 86 

Burial  grounds,  public,  towns  may  elect  commissioners    .         .        .  227 

Burials  under  King's  chapel  in  Boston,  may  be  pi'ohibited        .         .  175 

Burlen,  Melancthon  W.,  justice  of  the  peace,  acts  confirmed   .         .  539 

Burr,  Lemnel,  in  favor  of 540 

Buzzard's  Bay  and  Martha's  Vineyard,  port  wardens  and  pilots  for,  250 

c. 

Cambridge,  city  of,  assistant  assessors  to  be  appointed  by  the  mayor,  222 
Cambridge  Safe  Deposit  and  Trust  Company,  incorporated  .  .  245 
Cambridge  Social  Union,  Trustees  of  the,  incorporated  ...  95 
Cambridge  and  Boston,  approaches  to  Harvard  bridge  in  .  .  .  299 
Candidates  for  public  office,  anonymous  circulars  not  to  be  distri- 
buted to  defeat 342 

Capital  stock  of  street  railway  corporations,  reduction  of,  concerning,  291 
Cars,  street  railway,  propelled  by  motive  power  other  than  horses, 

fenders  and  guards  to  be  provided 333 

Cemeteries,  public,  relating  to 227 

Cemetery  Association,  Dell  Park,  incorporated 65 

Cemetery  Association,  Mount  Vernon,  of  West  Boylston,  may  hold 

additional  estate 320 

Cemetery,  Harmony  Grove,  highway  may  be  laid  out  over  land  of    .  53 
Cemetery,  Lowell,  proprietors  of,  may  hold  additional  real  and  per- 
sonal estate 334 

Census  of  the  United  States,  chief  of  bureau  of  statistics  of  lalDor 

may  accept  appointment  of  siipervisor  of      ...        .  536 

Central  Middlesex,  district  court  of,  salary  of  justice        •         .        .  210 

Central  Vermont  Railroad  Company,  provisions  affecting  .         .        .  235 
Certificates  of  condition  of  corporations,  deemed  to  be  recorded  at 

time  of  filing 181 

Change  of  names 615 

Chaplain  of  the  Massachusetts  reformatory,  title  of  office  established,  220 

Chappaquiddic  Company,  incorporated 146 

Charitable  Society,  Roxbury,  may  hold  additional  real  and  personal 

estate 32 

Charles  river,  act  authorizing  Willis  T.  Emery  and  others  to  drive 

piles  in,  repealed 70 

Charles  river,  passage  of  vessels  through  draws  in  certain  bridges 

over 97 

Charlestowu  district  in  the  city  of  Boston,  public  parks  may  be  con- 
structed in 233, 506 

Chastity,  morality  and  decency,  offences  against,  relaticg  to      .         .  68 


Index. 


84:5 


Chelsea,  city  of,  Coimt.v  Savings  Banlc  in,  incorporated     . 

Chelsea  Day  Nursery  and  Children's  Home,  name  changed  to  Clielsea 

Pay  Xursery,  Children's  Home  and  General  Hospital    . 
Chelsea  Yacht  Club,  may  build  a  club  house  near  Chelsea  bridge  in 

Mystic  river 

Chicopee,  city  of,  incorporated 

Chief  of  bureau  of  statistics  of  labor,  may  accept  appointment  of 
supervisor  of  census  of  the  United  States      .... 
Children,  attendance  of,  in  the  schools,  relative  to     . 
Children,  Destitute  Roman  Catholic,  in  Boston,  Association  for  Pro- 
tection of,  may  be  appointed  guardian  of  any  minor  child  in 

its  care 

Children,  employed  in  factories,  workshops,  etc.,  schooling  certifi- 
cates of 

Children,  hospital  cottages  for,  in  Baldwinsville,  in  the  town  of 

Templeton,  relating  to 

Children,  Orphan  and  Destitute,  Wesleyan  Home  for,  name  changed 

to  Wesleyan  Home 

Children's  Home,  Chelsea  Day  Nursery  and,  name  changed 
Chilmark,  town  of,  proceedings  at  annual  meeting  confirmed    . 
Christian  Industrial  and  Technical  School,  name  established 
Chronic  insane,  asylum  for,  to  be  built  in  eastern  Massachusetts 
Church,  Christ's,  Protestant  Episcopal  Society  of,  in  Quincy,  incor- 
porated     

Clmrch,  Florence  Street  Methodist  Episcopal,  of  Springfield,  name 
changed  to  the  Asbury  First  Methodist  Episcopal  Church  of 

Springfield 

Church,  Park  Congregational,  in  Springfield,  incorporated 
Churches  or  religious  societies  which  have  ceased  to  have  legal  ex 

istence,  records  to  be  delivered  to  city  or  town  clerks  . 
Cities,  may  expend  money  for  watering  streets  .... 

preservation  of  the  public  health  in 

wires  over  streets,  etc  ,  in,  regulation  and  supervision  of 
Cities  and  towns,  duties  of  clerks  of,  relating  to  record  of  deaths 

may  conti'act  with  hospitals  to  temporarily  care  for  the  unfor- 
tunate or  sick 

may  lay  out  public  parks  within  their  limits 

may  license  stables  for  more  than  four  horses  . 

mayor  and  aldermen  and  selectmen  of,  to  designate  and 

serve  certain  trees  on  highways  .... 
to  give  relief  to  soldiers,  sailors  and  their  families  . 
may  take  land  for  sewage  disposal,  etc.,  with  approval  of  the 

state  board  of  health 

City  of  Boston,  allowance  for  armories  in  . 

art  commission  for,  established          .... 
may  incur  indebtedness  beyond  its  limit  for  construction  of 
parks  in  the  Charlestown  district 233 


206, 
pre- 


Page 
50 

97 

264 
161 

536 
343 


97 

250 

322 

81 

97 

242 

100 

506 

137 


179 
•73 

204 
333 
69 
358 
358 

98 
210 
355 

179 

508 

101 
549 
100 

506 


846 


IXDEX. 


City  of  Boston  may  incur  indebtedness  beyond  its  limit  to  erect  and 

furnish  school-houses 323, 

may  pay  supervisors  of  certain  elections  . 
officers  and  departments  in,  relating  to      . 
sewer  assessments  in,  relating  to       ...         . 
calling  of  meetings  for  elections,  etc.,  in,  provided  for 
undertakers  in,  to  be  licensed  by  the  board  of  health 
King's  chapel  in,  further  interments  under,  maybe  prohibited. 
City  of  Boston  and  town  of  Brookline,  boundary  line  between,  estab- 
lished        ".         • 

City  of  Brockton,  court  house  to  be  built  at 

exemption  from  debt  and  tax  limit 

may  appoint  a  board  of  commissioners  of  sewage  construc- 
tion   

may  appropriate  money  for  erection  of  a  memorial  hall   . 

may  make  an  additional  drainage  loan 

may  make  an  additional  water  loan 

City  of  Cambridge,  appointment  of  assistant  assessors  in  . 
City  of  Chelsea,  County  Savings  Bank  in,  incorporated 

City  of  Chicopee,  incorporated 

City  of  Fall  River,  overseers  of  the  poor  in 

City  of  Fitchburg,  hospital  established  for  use  of  inhabitants  of, 

under  the  will  of  Gardner  S.  Burbank 

may  borrow  money  for  purchase   of  land   and   erection  of 

hospital 

may  incur  indebtedness  for  extending  water  pipes  . 
City  of  Gloucester,  may  construct,  etc. ,  a  system  of  sewerage  and  of 

sewage  disposal 202 

City  of  Haverhill,  may  raise  money  for  celebration  of  anniversary 

of  settlement  of  town 

City  of  Holyoke,  may  establish  a  Are  department 

may  issue  notes,  etc.,  for  refunding  certain  bonds   . 

may  sell  its  stocks  in  the   Holyoke  and  Westfleld  Railroad 

Company 

City  of  Lawrence,  may  abate  a  nuisance, 

City  of  Lowell,  allowance  for  armory  in 

may  incur  indebtedness  beyond  the  limit  for  a  city  hall,  etc 
may  incur  indebtedness  beyond  the  limit  for  a  high  school 

building 

may  issue  bonds,  etc. ,  for  payment  of  water  indebtedness 
City  of  Lynn,  may  borrow  money  beyond  the  debt  limit  for  construe 
tiou  of  a  high  school  building        .... 
may  borrow  money  for  street  improvements     . 

allowance  to 

may  make  an  additional  water  loan   .... 
may  require  the  registration,  etc.,  of  plumbers 
vacancies  in  the  board  of  assessors  of       .        .         . 
Security  Safe  Deposit  and  Trust  Company  in,  incorporated 


360 
366 
370 
316 
357 
191 
175 

299 
290 
113 

216 

473 

87 

38 

222 

50 

161 

239 

385 

452 

207 

351 

89 
271 
108 

109 
55 

549 
98 

99 
142 

221 

183 
547 
139 
475 
94 
191 


Index.  847 

Page 

City  of  Maiden,  board  of  street  commissioners  to  be  appointed         .  113 

election  of  aldermen  in 115 

may  improve  water  service  and  refund  water  debt  ...  47 
may  issue  scrip,  etc.,  lor  maintenance  of  system  of  sewa,y"e 

disposal   ...........  158 

City  of  ]\Iarlboron>ih,  incorporated       .......  272 

City  of  ]\Iarlboroiigh,  charter  amended         ......  475 

City  of  New  Bedford,  board  of  public  works  for        ....  310 

Citj'  of  Newbuiyport,  election  of  overseers  of  the  poor  in         .        .  221 

City  of  Newton,  board  of  public  works  for 311 

may  divide  the  fourth  ward  into  two  precincts         .        .         .  290 

may  make  an  additional  water  loan 298 

may  supply  water  to  the  town  of  Needham       ....  208 
City  of  Northampton,  school  committee  of,  to  fix  compensation  of 

superintendent  of  schools 215 

City  of  Pittstield,  may  construct  a  system  of  sewerage  and  provide 

for  payment  therefor 327 

City  of  Quincy,  allow^ance  to 549 

City  of  Quincy,  City  Hospital  in,  charter  amended      ....  370 

City  of  Somerville,  charter  amended  relating  to  its  water  Ijoard        .  194 

City  of  Springfield,  additional  water  supplj^  for 252 

part  of  town  of  Longmeadow  annexed  to          ....  325 

town  of  West  Springfield  may  be  annexed  to    .        .         .        .  76 

City  of  Waltham, board  of  commissioners  of  sewers  to  be  appointed  for  184 

City  of  Waltham  may  raise  money  for  water  works   .         .        .         .111 

City  of  Woburn,  charter  amended G7 

engineers  of  the  fire  department  in 74 

may  execute  provisions  of  will  of  John  Clough        .         .         .  220 

City  of  Worcester,  allowance  for  armory  in 549 

City  of  Worcester,  sewer  assessments  on  property  of  the  Common- 
wealth in 535 

City  Hospital  in  Quiucy,  charter  amended 370 

City  and  town  clerks  to  transmit  to  the  secretary,  within  fifteen  days, 
copies  of  the  records  of  votes  cast  for  representatives  iu  the 

general  court  ..........  14G 

Civil  actions  in  Commonwealth  cases,  contingent  expenses  of  .         .  351 

Civil  government,  lists  of  national,  state,  district  and  couuty  otticers,  623 

Classification  of  deposits  in  savings  banks,  relating  to       ...  45 
Clerk  of  the  courts,  first  assistant,  of  the  county  of  Middlesex,  salary 

established 182 

Clerks  of  certain  courts,  payment  of  fees  by,  to  cities  and  towns      .  183 

Clerks  of  certain  courts  to  receive  no  fees  from  county  treasurers,    .  190 

Clerks  of  courts,  election  of,  etc 443 

fees  of,  relating  to 190,  331 

to  forward  to  attorney-general  copies  of  l)ills  of  exceptions, 

etc. ,  in  cases  in  which  the  Commonwealth  has  an  interest    .  339 

unclaimed  funds  in  hands  of,  relating  to 293 

Clerks  of  courts,  etc.,  to  deposit  funds  in  national  banks, .        .        .193 


848  Index. 

Page 

Clerks  of  cities  and  towns,  duties  in  regard  to  the  record  of  deatlis  .  358 
Clerks  of  cities  and  to^yns,  to  transmit  to  the  secretary  copies  of 

records  of  A-otes  cast  for  representatives       ....  146 

Cilnton,  town  of,  may  make  an  additional  water  loan        ...  25 
Clough,  John,  provisions  of  will  of,  may  be  adopted,  etc.,  by  city  of 

Wo1)urn 220 

Club,  Chelsea  Yacht,  may  build  club  house  near  Chelsea  Bridge  in 

Mystic  river 264 

Dorchester  Yacht,  name  changed  to  Massachusetts  Yacht  Club,  21 

Melrose  Cycle,  name  changed  to  The  Melrose  Club  .         .         .  81 

Newton,  incorporated 332 

Clubs,  incorporation  of,  regulated        .......  481 

Cole's  river,  in  Swauzey,  highway  and  bridge  over     ....  251 

Collateral  Loan  Company,  state  director  to  certify  as  to  correctness 

of  annual  report 37 

Collection  of  taxes,  relating  to 294 

College,  for  Gii'ls,  American,  at  Constantinople  in  Turkey,  incor- 
porated      33 

French  Protestant,  may  confer  degrees ;  name  changed  .         .  248 
of  Oratory,  Monroe,  name  changed  to  the  Emerson  College  of 

Oratory 27 

Tufts,  trustees  may  establish  a  preparatory  school  ...  72 
Williams,  President  and  Trustees,  etc.,  of,  may  hold  special 

meetings  without  the  limits  of  the  Commonwealth        .        .  142 
Williams,  the  Alpha  Theta  Chapter  of  Chi  Psi  Fraternity,  in- 
corporated          67 

Color  guards  or  sons  of  veterans  may  parade  with  firearms      .         .  553 
Commissioner  to  be  appointed  to  invite  contributions  of  portraits 

of  governors  of  Massachusetts 551 

Commissioner  of  corporations,  tax  commissioner  to  be,  ex  officio    .  134 

Commissioner  of  foreign  mortgage  corporations,  report  of       .         .  50 
Commissioner  on  public  records  of  parishes,  etc.,  additional  copies 

of  report  to  be  printed 534 

Commissioner,  insurance,  salary  establislied 216 

Commissioner,  tax,  to  be  appointed,  who  shall  also  be  commissioner 

of  corporations 134 

Commissioners,  county,  may  appoint  clerk  pro  tempore  when  clerk 

is  absent 181 

orders  drawn  on  county  treasurer  by,  to  be  certified  by  clerk,  187 
to  administer  oatlis  of  office  to  count}'  treasurers  and  registers 

of  deeds 261 

county,  election  of     ........         .  444 

Berkshire,  may  borrow  money  to  establish  a  truant  school,    .  87 
Bei'kshire,  may  borrow  money  for  repairs,  etc.,  on  court  house 

at  Pittsfield 91 

Berkshire,  salaries  established 108 

Bristol,  may  lay  out  a  higlnvay  and  l)uild  a  bridge  across  Cole's 

river  in  Swanzev 251 


Index.  849 

Page 
Commissioners,   county,  Bristol,   to   cause  copies  of  records,  etc., 

to  be  made  for  registry  of  deeds  for  northern  district .        .       12D 
Essex,  may  build  highway  and  bridge  over  Parker  river  in 

Newbury ...........         37 

Essex,  may  lay  out,  etc.,  highway  over  Harmony  Grove  Cem- 
etery in  Salem 63 

Plymouth,  to  erect  a  fire-proof  building  for  the  registry  of 
deeds  and  registry  of  probate  in  Plymouth,  and  a  suitable 

court  house  in  Brockton 290 

Commissioners  of  inland  fisheries  and  game,  allowance  for  purchase 

of  steamer  and  for  further  propagation  of  trout,  etc.       .         .       352 

Commissioners  of  insolvency,  election  of,  etc 443 

Commissioners  of  prisons,  may  remove  prisoners  from  state  prison 

to  the  state  farm      .........       149 

may  remove  prisoners  from  the  state  farm  to  the  house  of 

correction 240 

to  appoint  officials  to  make  measurements  and  descriptions  of 

convicts  ...........       269 

Commissioners,  railroad,  may  expend  $2,000  annually  for  stationery, 

statistics,  etc. ,     .        .       182 

may  on  petition  of  a  street  railway  company  reduce  its  capital 

stock 291 

to  prescribe  fenders  and  guards  to  be  used  on  street  railway 

cars 333 

Commissioners  of  savings  banks,  may  authorize  foreign  co-opera- 
tive banks  to  do  business  in  this  state  .....       262 

publication  of  annual  report 102 

co-operative  banks  may  become  incorporated  with  consent  of,       213 
Commissioners  on  topographical  survey,  additional  copies  of  report 

to  be  printed 537 

Commitment  of  the  insane,  relating  to  expenses  of  .  .  .  .  482 
Commitment  of  prisoners,  expenses  attending,  relating  to  .  .  292 
Committee  hearings,  bulletin  of,  to  be  published        ....       533 

Common  victuallers,  expiration  of  licenses  of 6S> 

Commonwealth  cases,  civil  actions  in,  contingent  expenses  of,  con- 
cerning  351 

Commonwealth,  records  of ,  penalty  for  removal  or  mutilation  of  .  353 
Composition  with  creditors  in  insolvency,  relating  to  .  .  .  350 
Concord  and  Montreal  Kailroad,  first  mortgage  bonds  of,  savings 

banks  may  invest  in 249 

Conduct  of  elections  and  returns  thereof,  relating  to         .         .        .       409 

Congress,  list  of  members 645 

Congregational  Society  in  Washington,  may  sell  church  building,  .  96- 
Connecticut  River  Railroad  Company,  provisions  aft'ecting  .  .  234 
Consolidated  Railroad  Company  of  Vermont,  may  take  lease  of  the 

New  London  Northern  Railroad  Company    ....       234: 
Constantinople  in  Turkey,  American   College   for  Girls  at,  incor- 
porated     33 


850  Index. 

Page 
Constitution,  proposed  amendments  to,  to  prevent  the  disfranchise- 
ment of  voters  because  of  a  change  of  residence  within  the 
Commonwealth,  and  relative  to  soldiers  and  sailors  exer- 
cising the  right  of  suffrage,  to  be  voted  upon  by  the  people,  554,  555 
Contagious  or  infectious  diseases,  notice  of,  to  be  given  by  house- 
holders      88 

Contingent  expenses  of  civil  actions  in  Commonwealth  cases,  con- 
cerning   ...........       351 

Contracts,  wagering,  in  securities  and  commodities,  relating  to  .  479 
Controller  of  county  accounts,  additional  copies   of  report  to  be 

printed 537 

may  appoint  two  deputies ;  salaries 259 

penalt}'  on  certain  officers  for  not  recording  moneys  in  cash 

book  pi'escribed  by 193 

Conveyances,  fraudulent,  of  real  estate,  concerning  ....  471 
Convicts,  to  be  measured  and  described,  and  record  thereof  to  be 

kept 269 

Co-operative  banking,  relating  to  the  business  of        ...         .       262 

Co-operative  bauks,  loans  of  balances  of 71 

may  become  incorporated  with  the  consent  of  the  commission- 
ers of  savings  banks 213 

taxation  of .         60 

Corporation,  penalty  on,  for  refusing  to  deliver  to  children  their  age 

and  schooling  certificates  ........       250 

Corporations,  certificates  of  condition  of,  filing  and  recording  of  .  181 
Corporations,  commissioner  of,  tax  commissioner  to  be  .  .  .  134 
Corporations   for  charitable,  educational  and  other  purposes,  par 

value  of  shares,  name,  capital  stock,  etc.,  to  be  stated,  etc.,       176 
Corporations,  foreign  banking,  etc.,  doing  business  in  this  state,  to 
indicate  their  state  or  country  upon  all  signs,  documents, 

etc.  . 293 

Corporations,  foreign,  insolvency  of,  concerning  ....  287 
Corporations,  foreign  mortgage,  report  of  commissioner  of  .  .  50 
Corporations,  fraternal  beneficiary,  concerning  ....  306,  357 
Corporations,  street  railway,  reduction  of  ca^jital  stock  by,  relating 

to 291 

Corrigan,  Catherine,  in  favor  of  .         .         .         .         .         .         .         .       543 

Cottage  City  Water  Company,  incorporated 118 

Counterfeiting  of  private  labels,  stamps  and  trade-marks,  penalty 

for 89 

County  accounts,  controller  of,  may  appoint  deputies;  salaries  .  259 
County  commissioners,  may  appoint  clerk  pro  tempore  when  clerk 

is  absent 181 

County  commissioners,  orders  of,  drawn  on  county  treasurer  to  be 

certified  by  clerk 187 

County  commissioners  and  special  commissioners,  election  of,  etc.,  444 
County  institutions,  invoice  books  to  be  kept  at  ....  248 
County  Savings  Bank,  in  Chelsea,  incorporated 50 


Index. 


851 


190 


County  taxes,  irranted 

Count}-  treasurers,  annual  returns  of 

examination  of  accounts  of 

payments  by;  ou  orders  drawn  by  county  commissioners 
to  pay  no  fees  to  clerks  of  courts  for  any  service 
to  be  sworn  before  comity  commissioners 
County  treasurers  and  registers  of  deeds,  election  of,  etc. 

County  and  district  officers,  election  of 

Court  fees,  etc.,  not  to  be  taxed  in  criminal  cases  in  police,  district 

and  numicipal  couils 

Court,  district,  of  central  Middlesex,  salary  of  justice 
Court,  first  district,  of  southern  Worcester,  salary  of  justice 
Court  house  to  be  built  in  the  city  of  Brockton  . 
Court,  police,  of  Newton,  salary  of  justice 
Court  of  probate  and  insolvency,  fees  of  witnesses  in 
Court  of  probate  and  insolvency  for  the  county  of  Nantucket,  salary 
of  judge  of    ".......         . 

Court,  superior,  appeals  to  from  assessors  of  taxes   . 
appeals  to,  from  probate  courts,  relating  to 
appeals  to,  from  the  inspection  department  of  the  district 

police 

•     clerk's  fees  ......... 

relating  to  practice  in 

Court,  supreme  judicial,  clerk's  fees  in 190 

to  determine  summarily,  upon  petition,  question  of  supposed 

A-iolation  of  law  by  a  foreign  insurance  company . 
in  Suftolk  county,  officers  in  attendance  upon   .... 
Courts,  clerks  of,  accounts  and  returns  of . 

payment  of  fees  to 

election  of,  etc 

to  forward  certain  papers  to  the  attorney-general    . 

to  deposit  funds  in  national  banks 

unclaimed  funds  in  hands  of,  relating  to 

Courts,  district,  in  Barnstable  county,  established      .... 
Courts,  police,  district  and  municipal,  payment  of  fees  of  clerks  of, 

to  cities  and  towns 

Courts,  police  and  district,  in  the  county  of  Middlesex,  may  estab- 
lish uniform  return  days  and  uniform  rules  in  civil  business, 
Courts,  probate,  appeals  from,  to  the  superior  court,  relating  to 
Courts,  probate,  money  invested  or  deposited  by  order  of,  final  dis- 
tribution of 

Courts,  probate,  and  of  insolvency,  practice  regulated 

Cowan,  John,  in  favor  of 

Creamery  Company,  Milford,  incorporated 

Creditors  in  insolvency,  composition  with 

Criminal  cases  in  police,  district  and  municipal  courts,  fees,  etc., 

not  to  be  taxed 

Criminal  cases,  expenses  of,  relating  to 


190. 


Page 
548 
112 
341 
187 
190 
261 
444 
442 

220 
210 
107 
290 
83 
240 

96 
102 
223 

480 
331 
125 
331 

258 
247 
139 
331 
443 
339 
193 
293 
147 

183 

331 
223 

361 
373 
535 
101 
350 

220 

482 


852  Index. 

Page 
Criminal  prosecutions,  minor,  a  summons  to  issue  instead  of  a 

warrant 202 

Criminals,  registration  and  identification  of,  provided  for         .         .  269 

Crosby,  Samuel  T.,  in  favor  of    .         .                  538 

Crossings  at  grade  by  railroads  for  private  use,  relating  to       .         .  342 

Crossings,  grade,  of  railroads,  signals  at    .        .         .         .         .         .  142 

Crossings,  grade,  of  railroads,  to  promote  the  abolition  of       .         .  463 

Custodians  of  elevators,  not  to  be  less  than  eighteen  years  of  age  .  82 

Cycle  Club,  Melrose,  name  changed  to  The  Melrose  Club          .         .  81 


D. 

Deaf  mutes,  New  England  industrial  school  for,  in  favor  of     .         .  545 

Deaths,  return  and  record  of,  in  relation  to 358 

Debtors,  poor,  procedure  in  matters  relating  to         ...         .  104 
Declaration  for  interest  in  addition  to  forms  of  pleading  now  author- 
ized             356 

Deed,  tax,  fee  for  preparing,  established 294 

Dell  Park  Cemetery  Association  of  Natick,  incorporated  ...  65 

Deposits  of  funds  by  certain  public  officers,  relating  to     .         .        .  193 

Deposits  in  savings  banks,  classification  of 45 

Deputy  sealers  of  weights  and  measures,  duties  of   .         .         .         .  461 

Deputy  tax  commissioner,  office  abolished 134 

Destitute  Roman  Catholic  Children  in  Boston,  Association  for  the 
Protection  of,  may  be  appointed  guardian  of  minor  child  in 

its  care 97 

Dighton,  town  of,  may  discontinue  a  town  landing  on  Taunton  river,  320 
Dighton,  Pedo-Baptist  Congregational  Society  of,  may  hold  addi- 
tional property        .........  90 

Dipsomaniacs  and  inebriates,  hospital  to  be  built  to  accommodate 

two  hundred 218 

Disbursement  of  public  moneys,  advances  to  officers  entrusted  with,  54 

Diseases,  infectious  or  contagious,  householder  to  give  notice  of    .  88 
Distribution  by  probate  courts  of  money  remaining  unclaimed  for 

twenty  years 361 

Distribution  of  real  estate  by  administi'ators,  relating  to  .        .        .  229 

District-attorneys,  election  of 443 

District  court  of  central  Middlesex,  salary  of  justice         .         .         .  210 

District  court,  first,  of  southern  Worcester,  salary  of  justice  .         .  107 

District  courts  in  Barnstable  county,  established       .         •         .         .  147 

District  police,  thief  of,  portion  of  report  to  be  reprinted        .         .  543 

clerks  in  office  of  chief  of 110 

inspection  department  of,  appeals   from   orders  of,  to   the 

superior  court         .........  480 

District  and  county  ofilcers,  election  of 442 

District  and  police  courts  in  the  county  of  Middlesex,  may  establish 

uniform  return  days  and  uniform  rules  in  civil  business      .  331 


Index.  853 

Page 

Divorce,  relatiiii?  to      . 336 

Documents,  public,  destroyed  by  lire  to  be  reprinted          .        .        .  534 

Dogs,  license  fee  for 69 

Dorcliester,  First  Parish  in,  may  elect  trustees 244 

Dorciiester  Yacht  Club,  name  changed  to  the  Massachusetts  Yacht 

Club 21 

Dower,  release  of,  by  guartlian  of  an  insane  wife       ....  90 

Dower,  release  of,  by  guardian  of  infant  or  insane  wife  .  .  .  222 
Dracut,  town  of,  may  cancel  licjuor  licenses  and  refund  the  money 

received  therefor     .........  264 

Dracnt,  town  of,  water  supply  for 313 

Dracut  Water  Supply  Company,  incorporated 313 

Drake,  Anna  N.  P.,  in  favor  of 543 

Dudley  Indians,  in  favor  of 554 

Dukes  County,  county  of,  foxes  and  raccoons  not  to  be  introduced 

into,  under  penalty ;  bounty  for  their  destruction         .         .  209 

Duxbury,  town  of,  may  borrow  money  in  excess  of  debt  limit  .         .  63 


E. 

East  Wareham,  Onset  Bay  and  Point  Independence  Street  Railway 

Company,  may  do  business  as  a  common  carrier  ...        83 
Eastern  Railroad  Company,  franchise  and  property  of,  may  be  pur- 
chased by  the  Boston  and  Maine 154 

Edgartown,  town  of,  wharves  may  be  constructed  in,  by  the  Chap- 

paquiddic  Company 146 

Edgartown,  town  of,  pi'oceedings  at  annual  meeting  confirmed  .  243 
Edison  Electric  Illuminating  Company  of  Boston,  may  increase  its 

capital  stock 86 

Edison  Electric  Illuminating  Company  of  New  Bedford,  may 
sell  property,  etc.,  to  the  New  Bedford  Gas  Light  Com- 
pany          123 

Election  laws,  evidence  in  prosecutions  for  offences  against,  relat- 
ing to 353 

Election  officers,  relative  to  appointment  of 197 

Elections,  conduct  of,  and  returns  thereof,  relating  to       .        .         .       409 

Elections,  laws  relating  to,  revised 389 

Elections,  laws  relating  to,  to  be  printed 557 

Elections  in  the  city  of  Boston,  calling  of  meetings  for  .  .  .  357 
Elections,  supervisors  of,  may  be  paid  by  the  city  of  Boston  .  .  366 
Elections,  town,  ballots  for  use  at,  to  be  printed  and  distributed  at 

the  public  expense 346 

Electric  Company,  Southbridge  Gas  and,  name  established  .  .  21 
Electric  Illuminating  Company,  Edison,  of  Boston,  may  increase  its 

capital  stock 86 

Electric  Illuminating  Company,  Edison,  of  New  Bedford,  may  sell 

property,  etc.,  to  the  New  Bedford  Gas  Light  Company       .       123 


854  Index. 

Page 
Electric  light  companies,  bonds  issued  by,  in  relation  to  .         .         .       337 
Electric  Light  Company,  Boston,  may  increase  capital  stock    .         .       316 
Electric   Light   and    Power   Company,   Greenfield,   may    mortgage 

propert}^  and  franchises .         .......       214 

Electric  Machine  and  Power  Company  of  Rhode  Island,  Woonsockct, 
may  furnish  electric  light  and   power  in  town   of  Black- 
stone        ...........         45 

Electric  Street  Railway  Cornpany,  Nantucket,  may  do  business  as  a 

common  carrier 334 

Electric  wires  over  streets,  etc.,  in   cities,  regulation  and   super- 
vision of 358 

Elevated  railroads.  West  End  Street  Railway  Company  may  build  .       518 
Elevators,   custodians   of,  age  of  persons  who   may  be   employed 

as 82 

Emerson  College  of  Oratory,  name  established 27 

Emery,  Willis  T.,  and  others  ^\utliorized  to  drive  piles  in  Charles 

river  ;  act  repealed  .........         70 

Employees  may  unite  with  street  railway  companies  in  establishing 

relief  societies 150 

Emploj'er,  penalty  on,  for  refusing  to  deliver  to  children  their  age 

and  schooling  certificates 250 

Employment,  of  custodians  of  elevators,  age  prescribed    ...         82 
of  legislative  counsel  and  agents,  and  to  provide  for  returns 

of  legislative  expenses    ........       529 

of  minors  who  cannot  read  and  write  in  the  English  language        49 
of  women  and  minors  in  manufacturing  establishments  regu- 
lated          152 

Engagements   of  attorneys  in  the  supreme  judicial  and   superior 

courts,  relating  to 516 

English  language,   employment  of  minors  who    cannot   read    and 

write  in   ...........         49 

English  sparrow,  extermination  of,  provided  for         ....       505 

Escapes,  fire,  to  be  placed  in  every  hotel,   ......       260 

Essex  count}',  commissioners  may  build,  etc.,  bridge  and  highway 

over  Parker  river,  in  Newburj'       ......         37 

Essex  county,  commissioners  may  lay  out,  etc.,  highway  over  Har- 
mony Grove  Cemetery  in  Salem 53 

Evidence  in  prosecutions  for  oflences  against  the  election  laws, 

relating  to       .........         .       353 

Excise  tax  imposed  upon  certain  foreign  Insurance  companies  .       180 

Executive  department 625 

Expenses  attending  the  commitment  of  prisoners,  relating  to  .         .       292 
Expenses,  contingent,  of  civil  actions  iu  Commonwealth  cases,  con- 
cerning   ...........       351 

482 

69 

505 

539 


Expenses  of  criminal  cases,  relating  to       .... 
Expiration  of  licenses  of  innholders  and  common  victuallers 
Extermination  of  the  English  sparrow  provided  for  . 
Eye  and  ear  infirmary,  Massachusetts  charitable,  in  favor  of 


Index.  855 
F. 

Page 
Factories,  inspectors  of,  to  decide  in  regard  to  means  of  comninni- 
cation  between  certain  rooms  in  manufacturing  establish- 
ments      ...........  149 

Factories  and  manufacturing  and  mercantile  establisliments,  reports 

of  accidents  in        .........  74 

Fall  River,  city  of,  overseers  of  the  poor  in 239 

Farm,  state,  at  Bridgewater,  allowance  for  improvements  at    .         .  546 
Farrell  and  May  Shoe  Company,  name  changed  to  the  Pittstiehl  Slioe 

Compan}' 74 

Fee  for  preparing  a  tax  deed,  established 294 

Fee,  license,  for  spayed  dogs 69 

Fees,  court,  not  be  taxed,  etc.,  in  criminal  cases  in  police,  district 

and  municipal  courts 220 

for  detention  and  support  of  prisoners  in  lock-ups  .         .         .  131 
of  clerks  in  the  supreme  judicial  and  superior  courts,  relating 

to 190,  331 

of  sahiried  officers,  relating  to  .         .         .         .         .         .         .  482 

of  trial  justices,  relating  to        .......  322 

of  witnesses  in  courts  of  probate  and  insolvency      .         .         .  240 
time  fixed  for  payment  of,  to  cities  and  towns  by  clerks  of 

certain  courts 183 

Female  Seminary,  Wheaton,  may  hold  additional  estate  .         .         .  242 
Fenders  and  guards  for  street  railway  cars  propelled   by  motive 

power  other  than  horses 333 

Fines  and  forfeitures,  time  fixed  for  payment  of  certain,  by  sheriffs,  195 

Fire  department  in  the  city  of  Woburn,  election  of  engineers  .         .  74 

Fire  escapes  to  be  placed  in  every  hotel 260 

Fire  insurance  companies,  mutual,  permanent  fund  and  dividends  of,  29 

Firemen's  Association,  Massachusetts  State,  in  favor  of  .         .         .  514 

Firemen's  Relief  Association,  Somerville,  incorporated     ...  95 
First  assistant  clerk  of  the  courts  for  the  county  of  Middlesex, 

salary  established 182 

First  district  court  of  Barnstable,  established 147 

First  Parish  in  Dorchester,  may  elect  trustees 244 

First  Parish.  "West  Roxbury,  organization  confirmed        .         .        .  152 

First  Unitarian  Society  of  Hudson,  incorporated        ....  114 
First  Universalist  Society  of  South  Scituate,  name  changed  to  First 

Universalist  Society  of  Norwell 242 

Fish  in  brooks  and  streams,  to  prevent  injury  to,  by  sawdust  .         .  106 

Fisheries,  inland,  protection  of 177 

Fisheries,  inland,    and  game,  allowance  to  commissioners  of,  for 

purchase  of  steamer  and  for  propagation  of  trout,  etc.         .  352 

report  of  commissioners 533 

Fisheries,  in  ponds  on  the  island  of  Nantucket,  seining  prohibited   .  83 
in  the  tributaries  of  Plum  Island  bay,  catching  of  smelts  reg- 
ulated      . 33 


856 


Ils^DEX. 


Page 
Fisheries,  in  unnavigable  tidal  streams,  to  be  under  control  of  owner 

of  stream 206 

regulated  in  North  river  in  the  county  of  Plymouth         .         .       297 
regulated  within  one-half  mile  of  the  shores  of  the  town  of 

Mattapoisett 205 

Fishei'men,   wages  and  lay  of,   subject  to   attachment  by  trustee 

process 246 

Fitchburg,  city  of,  hospital  established  for  use  of  inhabitants  of     .       385 
Fitchburg,city  of,  may  incur  indebtedness  for  extending  water  pipes,       207 
Fitchburg,  city  of,  may  borrow  money  for  purchase  of  land  and  the 

erection  of  a  hospital       ........       452 

Fitchburg  Railroad  Company,  right  of  the  Commonwealth  in   the 

Southern  Vermont  Railroad  may  be  sold  to  .         .         .         .         88 

Florence  Street  Methodist  Episcopal  Church  of  Springfield,  name 
changed  to  the  Asbury  First  Methodist  Episcopal  Church 

of  Springfield  . 179 

Foreign  attachment  (see  Trustee  process). 

Foreign  banking,  etc.,  corporations  doing  business  in  this  state  to 

indicate  their  state  or  country  upon  all  documents,  etc.       .       293 
Foreign  co-operative  banks  may  do  business  in  this   state   under 

authorization  of  the  commissioners  of  savings  banks,  .       262 

Foreign  corporations,  insolvency  of,  concerning  ....  287 
Foreign  insurance  companies,  excise  tax  imposed  upon  certain  .  180 
Foreign  insurance  companies,  remedy  in  alleged  violation  of  law,  by,  258 
Foreign  Missions,  Woman's  Board  for,  of  the  American  Christian 

Convention,  incorporated 192 

Foreign  mortgage  corporations,  report  of  commissioner  of       .         .        50 
Forfeiture  of  corporate  membership  in  savings  banks  and  institu- 
tions for  savings 200 

Forgeries  Prevention  Company,  Title,  incorporated  ....       305 
Foxborough  Water  Supply  District,  may  issue  additional  bonds      .       135 
Foxes  and  raccoons  in  county  of  Dukes  Count}^  bounty  for  destruc- 
tion of 209 

Framingham  Hospital,  incorporated   .......       117 

Framingham,  Old  Colony  Railroad  may  build  tracks  over  land  of 

the  Commonwealth  in      .         .         .         .         .         .         .         .118 

Framingham,  town  of,  part  of  Sherboru  annexed  to.         .         .        .       236 

Framingham,  town  of,  sewerage  system  of,  drains  from  the  refor- 
matory prison  to  be  connected  with 191 

Franklin  Typographical  Society,  may  hold  additional  real  estate  .  72 
Fraternal  beneficiary  corporations,  assessments  for  disability  and 

death  funds  by,  relating  to 357 

Fraternal  beneficiary  corporations,  concerning 306 

Fraudulent  conveyances  of  real  estate,  concerning  ....  471 
Free  public  libraries,  to  promote  the  establishment  and  efliciency  of,  318 
French   Protestant   College,    charter   amended;    name   changed   to 

French  Protestant  College  of  Springfield      ....       248 
Funeral  expenses  of  paupers,  relating  to     ......         68 


Index.  857 

G. 

I'age 
Gaff,  Mary  F.,  and  another,  may  build  a  bridge  over  Centreville 

river  in  Barnstable          ........  37 

Game  and  birds,  for  better  preservation  of  .         .         .         .         .217 

Gardner,  town  of,  sj'stem  of  sewerage  and  sewage  disposal  .  .  60 
Gas  Light  Company,  Mutual,  of  Southbridge,  name  changed  to  tlie 

Southbridge  Gas  and  Electric  Company         .         .         .         .  21 
Gas  Light  Company,  New  Bedford,  may  purchase  franchise,  etc.,  of 

the  Edison  Electric  Illuminating  Company  of  New  Bedford,  123 
General  court,  copies  of  records  of  votes  cast  for  repi-esentatives 

in,  to  be  transmitted  to  the  secretary  of  the  Commonwealth,  146 

General  court,  publication  and  presentation  of  certain  petitions  to  .  252 

Gibson,  Henry  , J.,  in  favor  of 536 

Girls,  American  College  for,  at  Constantinople  in  Turkey,  incor- 
porated      33 

Gloucester,  city  of,  may  construct  a  system  of  sewerage  and  sewage 

disposal 202,  351 

Governor,  address  to  the  legislature 571 

Governor,  messages  to  the  legislature 593 

Grade  crossings  of  railroads,  signals  at 142 

Grade  crossings  of  railroads  for  private  use,  relating  to    .         .         .  342 

Grade  crossings  of  railroads,  to  promote  the  abolition  of  .  .  .  463 
Grand  army  of  the  republic,  allowance  of  .$50,000  for  entertainment 

of  veterans  at  encampment  of 546 

Greenfield  Electric  Light  and  Power  Company,  may  mortgage  its 

property  and  franchises 214 

Guardian  of  insane  wife,  release  of  dower  by 90 

Guardian  of  infant  or  insane  married  woman,  may  be  appointed,  etc. ,  222 

Guilford,  Levi  and  Sarah  H.,  in  favor  of 540 

Gypsy  moth    (Ocneria  dispar),    to   provide  against   depredations 

by 84,  129,  533 

H. 

Hall,  Mary  A.,  in  favor  of 537 

Harmony  Grove  Cemetery,  highway  may  be  laid  out  over  land  of    .  53 

Harvard  bridge,  approaches  to,  in  Boston  and  Cambridge,  relative  to,  299 
Haverhill,  city  of,  may  raise  money  for  celebration  of  anniversary  of 

settlement  of  town 89 

Haverhill,  North  Parish  in,  act  to  authorize  sale  of  parsonage  lands 

amended 337 

Health,  public,  in  cities,  preservation  of 69 

Health,  state  board   of,  to  have  supervision  of  streams  used  as 

sources  of  water  supply  by  cities  and  towns        .        .        .  486 

Hegner,  Francis,  in  favor  of 538 

Hicks,  Cyrus,  property  bequeathed  by,  to  town  of  Norton,  to  be 

held  in  trust 320 


858  Index. 

Page 

Hingham,  town  of,  may  take  and  fill  the  mill  pond    ....  469 
Hingham,  Hull  and  Downer   Landing  Steamboat  Company,  name 

changed  to  the  Nantasket  Beach  Steamboat  Company          .  16 
Holmes,  Daniel,  H.  J.  and  Mary  F.  Gaff,  may  build  a  bridge  over 

Centreville  river  in  Barnstable       ......  37 

Holyoke,  city  of,  may  establish  a  fire  department       ....  271 

Holyoke,  city  of,  may  issue  notes,  etc.,  for  refunding  certain  bonds ; 

may  sell  certain  railroad  stock 108,  109 

.Holyoke  and  Westfleld  Railroad  Company,  may  issue  bonds     .         .  117 
Home,  Massachusetts  Soldiers',  money  for,  from  the  United  States 

may  be  received  by  treasurer  and  receiver-general       .         .  338 

in  favor  of  trustees  of       .......         .  537 

resolution  relating  to          ........  565 

Home  for  Aged  People,  Andover,  incorporated  .....  116 

Home  for  Aged  Women  in  Waltham,  may  hold  additional  real  and 

pei'sonal  estate        .........  53 

Home  for  Orphans  and  Destitute  Children,  Wesleyan,  name  changed 

to  Wesleyan  Home          ........  81 

Home  Missionary  Association,  Woman's,  may  hold  its  meetings  in 

any  state  and  in  the  District  of  Columbia     ....  218 
Home,  New  Bedford  Orphans',  may  hold  additional  real  and  personal 

estate 141 

Homer,  Thomas  J.,  justice  of  the  peace,  acts  confirmed    .         .         .  558 

Homeopathic  hospital,  Massachusetts,  allowance  to          .         .         .  330 
Homestead,  release  of  right  of,  by  guardian  of  infant    or  insane 

married  woman      ..........  222 

Horses    kept   for   breeding    purposes,  pedigrees    of,    registration 

provided  for 296 

Hospital,  Burbank,  incorporated 385 

Hospital,  City,  in  Quincy,  charter  amended 370 

Hospital  cottages  for  children  in  Baldwinsville  in  the  town  of  Tem- 

pleton ' 322 

Hospital  for  dipsomaniacs  and  inebriates,  Massachusetts,  trustees 

to  erect  hospital  to  accommoihite  two  hundred  patients      .  218 

Hospital,  state  liin;itic,  at  Taunton,  allowance  for  improvements  at,  547 

Hospital,  Framingham,  incorporated  .......  117 

Marlborough,  incorporated        .......  57 

Massachusetts  homeopathic,  allowance  to        ...        .  330 

Memorial,  in  Worcester,  relating  to 148 

Westborough  insane,  allowance  for  current  expenses      .         .  552 
Hospitals,  cities  and  towns  may  contract  with,  for  temporary  care 

of  the  unfortunate  or  sick      .......  98 

Hospitals  and  asyUuns  for  the  insane,  state,  for  prevention  of  fire 

at, 340 

Hotel  Company,  United  States,  may  improve  its  land  for  any  lawful 

purpose    ...........  52 

Hotels,  for  protection  of  human  life  in,  in  case  of  fire       .         .         .  260 

Household  goods,  wearing  apparel, etc.,  loans  secured  by  pledges  of,  368 


Index. 


859 


Hoiisotiolder,  to  ijivc  notice  in  case  of  infectious  or  contagious  dis- 
ease in  his  family,  etc.,  ........ 

Houses  of  correction,  prisoners  at  state  farm  may  be  removed  to    . 

Hudson,  town  of,  may  make  an  additional  water  loan 

Hudson,  First  Unitarian  Society  of.  incorporated       .... 


Page 


240 
lOB 
114 


I. 

Ice,   dealers  in,  to  furnish  scales  in  delivery  wagons;  penalty  for 
refusing  to  weigh,  upon  delivery 

Identification  of  criminals,  provided  for      ..... 

Improvement  Company,  Uiverbank,  incorporated 

Incorporation  of  clubs,  regulated         ...... 

Independent  order  of  odd  fellows,  lodges  may  hold  and  convey  real 
and  personal  estate 

Indians,  Dudley,  in  favor  of 

Industrial  school  for  deaf  mutes.  New  England,  in  favor  of 

Industrial  school  for  girls,  state,  allowance  for  repairs  at  . 

Industrial  schools,  allowance  for  maintenance  of         .         .         . 

Industrial  and  Technological  School,  New  England,  name  changed 
to  Christian  Industrial  and  Technical  School 

Inebriates  and  dipsomaniacs,  hospital  to  be  erected  to  accommodate 
two  hundred,  as  patients 

Infectious  or  contagious  disea:jes,  notice  of,  to  be  given  by  house 
holder      .......... 

Inland  fisheries,  protection  of       ......         . 

Inland  fisheries  and  game,  commissioners  of,  allowance  to,  for  pur- 
chase of  steamer,  for  further  propagation  of  trout,  etc. 

Inland  fisheries  and  game,  additional  copies  of  report  of  commis 
sioners  to  be  printed        ....... 

Innliolders  and  common  victuallers,  expiration  of  licenses  of     . 

Inquests,  expenses  of,  relating  to         .....         . 

Insane  asylum,  Worcester,  allowance  for  repairs  at    . 

Insane,  chronic  asylum  for,  to  be  built  in  eastern  Massachusetts 

Insane,  expenses  of  commitment  of,  relating  to  . 

Insane  hospital,  Westborough,  allowance  for  current  expenses 

Insane  persons,  to  receive  hospital  care  and  treatment 

Insane  or  infant  wife,  guardian  maj^  be  appointed  for 

Insane  state  hospitals  and  asylums  for,  for  prevention  of  fire  at 

Iusolvenc3\  courts  of  probate  and,  fees  of  witnesses  in     . 

Insolvency,  composition  with  creditors  in 

Insolvenc}'  of  foreign  corporations,  concerning 

Inspection  department  of  the  district  police,  appeal  to  superior  cour 
from  orders  of         .......         . 

Inspectors  of  factories,  to  decide  concerning  communication  between 
certain  rooms  in  manufacturing  establishments     . 

Institutions  for  savings.     (See  Savings  banks.) 

Instructor  of  the  Massachusetts  reformatory,  title  changed 


239 

269 

93 

481 

268 
554 
545 
552 
554 

100 

218 

88 
177 

352 


69 
482 
541 
506 
482 
552 
367 
222 
340 
240 
350 
287 


)0,  22 


480 
149 
220 


860  Index. 

Page 

Insurance,  assessment,  relating  to        ......        .  373 

Insurance  against  fire  effected  on  property  removed  or  concealed,  etc. , 

search  warrant  may  be  issued 243,516 

Insurance  commissioner,  salary  established 216 

Insurance  commissioner,  additional  copies  of  report  to  be  printed  .  541 
Insurance  companies,  foreign,  remedy  in  alleged  violations  of  law 

by 258 

Insurance  companies,  foreign,  excise  tax  imposed  upon  certain         .  180 

Insurance  companies,  mutual  fire,  permanent  fund  and  dividends  of .  29 

Insurance  Company,  Mutual  Boiler,  of  Boston,  charter  amended  .  15 
Interest  may  be  declared  on,  in  addition  to  the  forms  of  pleading 

now  authorized 356 

Interments  under  King's  chapel,  in  Boston,  may  be  prohibited  .  .  175 
Intoxicating  liquors,  holder  of  license  for  sale  of,  to  be  drunk  on 

the  premises,  not  to  employ  minor  under  eighteen  years  to 

serve 507 

Investments  of  savings  banks,  relating  to  .         .         .        .        249,  335,  354 

Invoice  books  to  be  kept  in  county  institutions  .....  248 

Ipswich,  town  of,  water  supply  for 265 

Itinerant  vendors,  to  prevent  fraudulent  sales  by        ...        .  508 


Judicial  department 642 

Justice  of  the  peace,  Melancthon  W.  Burlen,  acts  confirmed     .         .  539 

Thomas  J.  Homer,  acts  confirmed 558 

Joseph  0.  Procter,  acts  confirmed 541 

Justices,  trial,  completion  of  unfinished  business  by,  provided  for    .  182 

Justices,  ti'ial,  payment  of  fees,  etc.,  by,  to  cities  and  towns     .         .  183 

K. 

King,  Chai'les,  A.,  may  build  bridge  across  a  tide-water  ci'eek  in  town 

of  Mattapoisett 54 

King's  chapel  in  Boston,  further  interments  under,  may  be  prohibited,  175 

Knitting  Company,  Bay  State,  name  established          ....  15 


Labor,  bureau  of  statistics  of,  chief  may  publish  reports  in  parts      .  86 

Labor,  nine  hours,  to  constitute  a  day's  work  for  state,  city  or  town,  339 
Land,  may  be  taken  by  cities  and  towns,  with  approval  of  the  state 

board  of  health,  for  sewage  disposal,  etc 101 

Land  and  buildings,  lien  on,  in  certain  cases  may  be  released  by 

giving  bond     ..........  342 

Land  owners,  for  better  protection  of 358 

Land-locked  salmon,  lake  trout,  etc.,  time  for  taking,  in  the  four 

western  counties      .........  177 


Index. 


861 


Lawrence,  city  of,  may  abate  a  nuisance 

Lawrence,  John  C,  in  favor  of   . 

Laws  relating  to  elections  revised 

Laws  rclatiua;  to  elections,  to  be  printed 

Lawyers  Loan  and  Trust  Company,  incorporate 

Legislative  counsel  and  agents,  employment  of,  regulated. 

Legislative  expenses,  returns  of,  to  be  made  to  the  secretary  of  the 
Commonwealth 

Legislature,  list  of  members  of    . 

Lenox  Savings  Bank,  incorporated 

Lenox  "Water  Company,  may  issue  additional  bonds 

Library,  Acton  Memorial,  incorporated 

Library,  Woburn  Public,  election  of  trustees  of 

Library  Association,  Bradford,  incorporated 

Libraries,  free  public,  to  promote  the  establishment  and  efflciencj'^  of. 

License  fee  for  dogs      .......... 

Licensed  places  for  sale  of  intoxicating  liquors  to  be  drunk  on  the 
premises,  minors  under  eighteen  years  not  to  be  employed, 
etc 

Licenses  of  innholders  and  common  victuallers,  expiration  of  . 

Licenses  to  itinerant  vendors,  relating  to    . 

Lien  on  buildings  and  land,  in  certain  cases,  may  be  released  by 
gi\'ing  bond 

Liquors,  intoxicating,  holder  of  license  not  to  employ  minor  under 
age  of  eighteen  years  to  serve,  etc 

Littleton  and  Boxborough,  boundary  line  between,  established 

Loan  Company,  Collateral,  state  director  to  certify  as  to  cori'ectness 
of  annual  report 

Loan  and  Trust  Company,  Lawyers,  incorporated      .         .         .         . 

Loan  and  trust  companies,  safe  deposit,  in  relation  to        .         .         . 

Loans  of  the  balances  of  co-operative  banks,  relating  to    . 

Loans  or  pledges  of  household  goods,  Avearing  apparel  or  articles  of 
personal  use  or  ornament,  as  collateral,  relating  to 

Lobsters,  for  protection  of  ........         . 

Lockaby,  Eosanna,  in  favor  of     .         . 

Longmeadow.  town  of,  part  of,  annexed  to  the  city  of  Springfield    . 

LoAvell  Cemetei'y,  proprietors  of,  may  hold  additional  real  and  per- 
sonal estate     

Lowell,  city  of,  allowance  for  armory  in, 

may  incur  indebtedness  beyond  the  limit  for  building  a  new 

city  hall,  etc 

may  incur  indebtedness  beyond  the  limit  for  a  high  school 

building 

may  issue  bonds,  etc.,  for  payment  of  water  indebtedness 

Lowell  Horse  Railroad  Company  and  the  Lowell  and  Dracut  Street 
Railway  Company  may  consolidate,  and  be  known  as  the 
Lowell  and  Suburban  Street  Railway  Company 

Lowell  Trust  Companj',  incorporated  ....... 


Page 
55 
548 
389 
557 
339 
529 

531 

62G 

141 

110 

51 

73 

198 

318 

G9 


507 
69 

508 

342 

507 
211 

37 
339 

268 
71 

368 
247 
545 
325 

334 
549 

98 

99 
142 


136 
289 


862  Index. 

Page 

LuniDer,  ornamental  wood  and  ship  timber,  sale  and  survej'  of         .  130 

Lunatic  hospital,  state,  at  Taunton,  allowance  for  improvements  at,  547 

Lyman  school  for  boys,  allowance  for  a  new  building  at    .         .         .  553 

Lynn,  city  of,  in  favor  of     ........         .  547 

may  borrow  mone.y  for  street  improvements     ....  183 

may  borrow  money  for  construction  of  a  high  school  building,  221 

may  make  an  additional  water  loan 139 

may  require  the  registration,  etc. ,  of  plumbers          .         .         .  475 

vacancies  in  the  board  of  assessors  of       .....  94 

Security  Safe  Deposit  and  Trust  Company  in,  incorporated     .  191 

M. 

Maher,  Catharine,  in  favor  of       .......         .  545 

Maine  Central  Railroad  Company,  savings  banks  may  invest  in  first 

mortgage  bonds  of 354 

Maiden,  city  of,  board  of  street  commissioners  to  be  appointed       .  113 

election  of  aldermen  in 115 

may  improve  water  service,  etc.,  and  refund  water  debt .         .  47 
may  issue  scrip,  etc.,  for  maintaining  a  system  of  seAvage  dis- 
posal          158 

Manning,  Nathan  H.,  in  favor  of 542 

Mansfield,  town  of,  may  borrow  money  to  fund  indebtedness,  build 

schoolhouse,  etc., 189 

Manufacture  and  sale  of  water  gas  for  illuminating  purposes,  re- 
strictions removed  .         .         .         .         .         .         .         .         .219 

Manufacturing  Companj%  W.  C.  Stevenson,  name   changed  to  the 

Stevenson  Manufacturing  Company 356 

Manufacturing  Company,  Washburn  and  Moen,  ma}'  increase  capital 

stock 332 

Manufacturing  establishments,  means  of   communication  between 

certain  rooms  in      ........         .  149 

Manufacturing  etc.,  establishments,  reports  of  accidents  in,      .         .  74 

Map,  state,  allowance  for  printing       .......  550 

Marblehead  Building  Association,  incorporated 2G 

Marblehead,  toAvn  of,  additional  water  loan  for  .         .         .         .158 

Marion,  town  of.  Tabor  Academy  in,  incorporated     ....  123 

Marlborough,  city  of,  incorporated 272,  475 

Marlborough,  town  of,  maj^  incur  indebtedness  beyond  the  limit  for 

constructing  a  system  of  sewerage 109 

Marlborough  Hospital,  incorporated 57 

Married  woman,  infant,  or  insane,  guardian  may  be  appointed  .        90,  222 
Martha's   'Vineyard  and  Buzzard's  Bay,   port  wardens  and  pilots 

for 250 

Massachusetts  charitable  ej'e  and  ear  infirmary,  in  favor  of        .        ..  539 

Massachusetts  homeopathic  hospital,  allowance  to      .         .         .         .  330 
Massachusetts   hospital  for  dipsomaniacs   and  inebriates,    trustees 
of,  to  erect  hospital  to  accommodate  two  hundred  patients, 

etc 218 


Index.  863 

Page 

Massachusetts  reformatory,  allowaucc  for  repairs  at          .         .         .  554 

instructor  of,  title  changed  to  chaplain 220 

removal  of  subordinate  officers  of 230 

Massachusetts  school  fund,  equitable  distribution  of          .         .         .  550 

Massachusetts  school  fund,  relating  to 297 

Massachusetts  soldiers'  home,  mouej^  from  the  United  States  may  be 

received  hj  the  treasui'cr  and  receiver-general       .         .         .  338 

in  favor  of  trustees  of 537 

resolutions  concerning 565 

Massachuestts  State  Firemen's  Association,  in  favor  of     .         .         .  514 

Massachusetts  Yacht  Club,  name  established 21 

Mattapoisett,  town  of,  ])ridge  may  be  built  across  a  tide-water  creek 

in 54 

Mattapoisett,  town  of,  set  nets  and  gill  nets  not  to  be  used  within 

one-half  mile  of  the  shores  of 205 

Maynai'd,  town  of,  may  make  an  additional  water  loan       ...  GO 

McCloskey,  James,  in  favor  of 545 

Mechanics  in  employ  of  the  state,  city  or  town,  nine  hours  to  consti- 
tute a  day's  work 339 

Medical  examiners  for  the  county  of  Suffolk,  salaries  established     .  192 
Meigs  system  of  elevated  railways,  may  be  used  by  railroad  or  street 

railway  companies 334 

Melrose,  town  of,  may  make  an  additional  water  loan        .         .         .  197 

Melrose  Cycle  Club,  of  Melrose,  name  changed  to  The  Melrose  Club,  81 

Memorial  Hospital  in  Worcester,  relating  to 148 

Memorial  Library,  Acton,  incorporated 51 

Mercantile  establishments,  factories,  etc.,  accidents  in,  to  be  reported 

to  the  chief  of  the  district  police 74 

Messenger  corps,  soldiers',  in  favor  of         .....         .  554 

Messengers  and  pages,  etc.,  of  senate  and  house  of  repi-esentatives 

in  favor  of 559 

Methodist  Episcopal  Church  of  Springfield,  Florence  Street,  name 
changed  to  the  Asbury  First  Methodist  Episcopal   Church 

of  Springfield          .    ' 179 

Metropolitan    sewerage    commissionei's,    may    take    lands,    water- 
courses, etc 231 

Metropolitan  sewerage  loan,  bonds  issued  for,  to  be  redeemable  in 

gold 84 

Middlesex   county,  first  assistant  clerk  of  the    courts  for,  salary 

established 182 

police  and  district  courts  in,  may  establish  uniform  return 

daj^s  and  uniform  rules  in  civil  business         ....  331 
register  of  probate  and  insolvency  for,  clerical  assistance       .  177 
Milford  and  Hopedale  Street  Railway  Company,  incorporated   .         .  150 
Milford  Branch  of  the  Boston  and  Albany  Railroad  Company,  addi- 
tional trains  for       .........  321 

Milford  Creamery  Company,  incorporated 101 

Militia,  concerning 453 


864  Index. 

Page 

Mills,  Arlington,  may  increase  capital  stock 25 

Minor  under  age  of  eighteen  not  to  be  employed  to  serve]  liquors  to 

be  drunk  upon  the  premises 507 

Minors,  employment  of,  who  cannot  read  and  write  in  the  English 

language 49 

Minors  and  women,  employment  of,  in  manufacturing  establish- 
ments regulated 152 

Missionary  Association,  Woman's  Home,  may  hold  meetings  in  any 

state  and  the  District  of  Columbia 218 

Missions,  Woman's  Board  of,  may  hold  meetings  outside  the  Com- 
monwealth      ..........  86 

Moderators  at  town  meetings,  may  swear  tellers         .        ,        .         .  272 

Moderators  at  town  meetings,  election  of 448 

Mollihan,  Bridget  F.,  in  favor  of 538 

Monroe  College  of  Oratory,  name  changed  to  the  Emerson  College  of 

Oratory 27 

Mortgage  corporations,  foreign,  report  of  commissioner  of  .  .  50 
Mount  Vernon  Cemetery  Association  of  West  Boylston,  may  hold 

additional  estate 320 

Mulford,  Helen  C,  in  favor  of 544 

Munroe,  Jotham  E.,  salary  may  be  paid  to  widow       ....  38 

Murphy,  Elizabeth,  in  favor  of 544 

Music  Hall  Association  of  Worcester,  name  changed  to  Worcester 

Theatre  Association ;  may  increase  capital  stock  ...  18 
Mutilation  or  removal  of  the  records  of  the  Commonwealth,  penalty 

for 353 

Mutilation  of  wills  or  other  testamentary  instruments,  penalty  for    .  352 

Mutual  Boiler  Insurance  Company  of  Boston,  charter  amended         .  15 

Mutual  fire  insurance  companies,  permanent  fund  and  dividends  of  .  29 
Mutual  Gas  Light  Company  of  Southbridge,  name  changed  to  the 

Southbridge  Gas  and  Electric  Company         .        .        .        .  21 

Names  changed 615 

Nantasket  Beach  Steamboat  Company,  name  established  .  .  .16 
Nantucket  Electric  Street  Eailway  Company,  may  do  business  as  a 

common  carrier       .........  334 

Nantucket  Railroad  Companjs  may  change  location  of  its  road          .  188 

Nantucket,  county  of,  salary  of  judge  of  probate  and  insolvency  in  .  96 

Nantucket,  island  of,  seining  of  fish  in  ponds  on,  prohibited     .         .  83 

Nashua  and  Rochester  Railroad,  bonds  of 59 

Natick,  Dell  Park  Cemetery  Association  of,  incorporated  ...  65 

Natick,  town  of,  vote  at  annual  meeting  confirmed     ....  271 

National  Tube  Works  Company,  may  increase  capital  stock       .        .  50 

Needham,  town  of,  water  supply  for 208 

New  Bedford,  city  of,  board  of  public  Avorks  for  ....  310 
New  Becjford  Gas  Light  Company,  may  purchase  franchise,  etc.,  of 

the  Edison  Electric  Illuminating  Company  of  New  Bedford,  123 


Index.  865 

Page 
Xew  Bedford  Orphans'  Home,  maj-  hold  additional  real  and  personal 

estate HI 

Newbury,  town  of,  bridge  over  Parker  river  in 37 

Xewburyport,  citj'  of,  election  of  overseers  of  the  poor  in         .        .  221 

New  England  industrial  school  for  deaf  mutes,  in  favor  of        .         .  545 
New  England  Industrial  and  Technological  School,  name  changed  to 

Christian  Industrial  and  Technical  School      ....  100 
Xew  London  Northern  Railroad  Company,  may  lease  its  road  to  the 

Consolidated  Railroad  Company  of  Vermont         .        .         .  234: 

Newspaper  offices,  attachment  of  the  property  of,  relating  to     .         .  340 

Newton,  city  of,  board  of  public  works  for 311 

may  divide  the  fourth  ward  into  two  precincts          .         .        .  296 

may  make  an  additional  water  loan 298 

may  supply  water  to  the  town  of  Needhara        ....  208 

Newton  Club,  incorporated 332 

Newton,  police  court  of,  salary  of  justice 83 

New  York  and  New  England  Railroad,  may  guarantee  the  bonds 
issued  by  the  Rhode  Island  and  Massachusetts  railroads  of 

Massachusetts  and  of  Rhode  Island 306 

Nine  hours  to  constitute  a  day's  work  for  workmen,  etc.,  employed 

by  the  state,  a  city  or  a  town          ......  339 

Nomination  of  candidates  for  office,  relating  to 475 

Norfolk  county,  salary  of  treasurer      .         .        .         .         .         .        .113 

Normal  school,  state,  at  Fraraingham,  allowance  for  flre-escapes,  etc.,  551 

Normal  school,  state,  at  Westfield,  allowance  for  fire  escapes  at        .  558 
North  Attleborough,  town  of,  may  take  the  name  of  Sumner,  Wam- 

sutta,  Stockton,  Dunster,  Redrock,  Samoset  or  Burden        .  126 
North  Parish  in  Haverhill,  act  authorizing  sale  of  parsonage  lands 

amended 337 

North  river  in  the  county  of  Plymouth,  fisheries  in,  regulated   .         .  297 
Northampton,  city  of,  school  committee  of,  to  fix  compensation  of 

superintendent  of  schools       .         .         .        .         .         .         .215 

Northern  Railroad,  assignment  of  lease  of,  to  the  Boston  and  Lowell 
Railroad  Corporation;  maybe  accepted  by  the  Boston  and 

Maine  Railroad 27 

Norton,  town  of,  may  receive  and  hold  certain  property  in  trust        .  320 

Norwell,  First  Universalist  Society  of,  name  established    .         .        .  242 

o. 

Oaths  of  county  treasurers  and  registers  of  deeds,  to  be  taken  before 

the  county  commissioners 261 

Obscene  publications,  penalty  against  Issuing,  etc 68 

Obstructions  upon  railroad  tracks,  penalties  for  placing     .        .        .  295 
Ocneria  dispar  or  gypsy  moth,   to   provide   against  depredations 

by 84,  129,  553 

Odd  fellows,  independent  order  of,  lodges  may  hold  and  convey  real 

and  personal  estate 268 


866  I:nt)ex. 

Page 
Officers  for  attendance  upon  the  supreme  judicial  court  in  Suffolk 

county,  increased  in  number 247 

Officers,  election,  relative  to  appointment  of 197 

Officers  entrusted  witli  disbursement  of  public  moneys,  advances  to,  54 

Officers  to  be  voted  for  at  state  elections, 434 

Officers,  salaried,  relating  to  fees  of    ......        .  482 

Old  Colony  Railroad  Company,  may  build  tracks  over  land  of  the 

Commonwealth  in  Framingham      .         .         .        .        .        .118 

Old  Colony  Railroad  Company,  may  relocate  its  road  in  the  town  of 

Wareham 215 

Old  Colonj'  Trust  Company,  incorporated 246 

O'Leary,  Mary,  in  favor  of 545 

Options  for  purchase  and  sale  of  securities  and  commodities,  relat- 
ing to 479 

Organizations,  fraternal  beneficiary,  concerning  .         .        .       306,  357 

Ornamental  and  shade  trees  on  highways,  preservation  of         .        .  179 

Ornamental  wood,  etc.,  survey  and  sale  of 130 

Orphan  and  Destitute  Children,  Wesleyan  Home  for,  name  changed 

to  Wesleyan  Home 81 

Orphans'  Home,  New  Bedford,  may  hold  additional  real  and  personal 

estate 141 

Overseers  of  the  poor  in  the  city  of  Newburyport,  election  of   .         .  221 


Pardons  granted 593 

Parish,  First,  in  Dorchester,  may  elect  trustees 244 

Parisli,  First,  West  Roxbury,  organization  confirmed          .         .         .  152 

Parish,  North,  in  Haverhill,  relating  to 337 

Park  Congi'egational  Church  in  Springfield,  incorporated  ...  73 
Parker  river,   in  Newbury,   county  commissioners   may  construct 

bridge  and  highway  over 37 

Parks,  public,  in  the  Charlestown  district  of  the  city  of  Boston,     233,  506 

Parks,  public,  in  towns  and  cities,  relating  to 210 

Paupers,  funeral  expenses  of,  relating  to 68 

Payment  of  certain  fines  and  forfeitures  by  sherifl's,  time  fixed  for    .  195 
Pedigrees  of  horses  kept  for  breeding  purposes,  registration  of,  pro- 
vided for          296 

Pedo-Baptist  Congregational  Society  of  Dighton,  trustees  mafy  hold 

additional  property          ........  90 

Perkins  institution  and  Massachusetts  school  for  the  blind,  may  hold 

additional  real  and  pei'sonal  estate 110 

Petitions  to  the  general  court,  publication  of,  and  presentation  to     .  252 
Pilots  and  port  wardens  for  Buzzard's  Bay  and  Martha's  Vineyard 

a^)pointment  of 250 

Pittsfield,  city  of,  court  house  at,  county  commissioners  may  borrow 

money  for  repairs  on 91 


Index.  867 

Page 
Pittsfield,  city  of,  may  construct  a  system  of  sewerage  and  provide 

for  payment  tlierefor 327 

Pittsfield  Slioe  (Company,  name  established 74 

Pittsfield  Street  Kailway  Company,  may  sell  its  property  and  franchise,      356 
Pleading,  interest  may  be  declared  on  in  addition  to  forms  of  plead- 
ing now  authorized  by  law      .......       356 

Plj'mouth  County,  probate  records  in,  to  be  arranged  and  indexed    .       332 
Plymouth,  town  of,  fire-proof  building  for  the  registry  of  deeds  and 

the  registry  of  probate  to  be  built  at 290 

Plymouth,  town  of,  may  raise  money  for  entertainment  of  the  grand 

army  of  the  republic 135 

Plum  Island  bay,  smelt  fisheries  protected  in 33 

Plum  Island  Street  Railway  Company,  may  sell  property,  etc.,  to  the 

Black  Rocks  and  Salisbury  Beach  Street  Railway  Company,       178 
Pl^-mouth  and    Middleborough    Railroad    Company,   incorporated ; 
towns  within  whose  limits  road  shall  be  located  may  sub- 
scribe for  shares  in  capital  stock 91 

Police  court  of  Newton,  salary  of  justice 83 

Polic«  and  district  courts  in  the  county  of  Middlesex,  may  establish 

uniform  return  days  and  uniform  rules  in  civil  business       .      331 

Police,  district,  clerks  in  ofl3ce  of  chief  of 110 

Police,  district,  inspection  department  of,  appeals  from  orders  of 

to  the  superior  court 480 

Police,  district  and  municipal  courts,  clerks  of,  payment  of  fees  bj% 

to  cities  and  towns 183 

Police  force  in  certain  cities  of  the  Commonwealth,  tenure  of  office  of,       271 
Polls,  assessed,  in  towns  containing  more  than  5,000  inhabitants  to 

be  printed  for  public  distribution 259 

Polls,  assessed,  voters  registered  and  ballots  cast  at  city,  town  and 
state  elections  to  be  returned  to  the  secretary  of  the  Com- 
monwealth and  published       .......       201 

Pollution  of  sources  of  water  supply,  to  prevent        ....       486 

Ponds  on  the  island  of  Nantucket,  seining  of  fish  in,  prohibited       .        83 

Poor  debtor  matters,  procedure  in 104 

Port  wardens  and  pilots  for  Buzzard's  Bay  and  Martha's  Vineyard, 

appointment  of 250 

Portraits  of  governors  of  Massachusetts,  contributions  of,  to  be 

invited 551 

Portsmouth,  Great  Falls  and  Conway  Railroad,  may  be  purchased 

by  the  Boston  and  Maine  Railroad 154 

Powow  river  in  Amesbury,  bridge  and  highway  over         ...        64 
Practice  in  probate  courts  and  courts  of  insolvency,  regulated         .       873 

Practice  in  the  superior  court,  relating  to 125 

Preservation  of  the  public  health  in  cities,  relating  to       ...        69 
President  and  Trustees  of  Williams  College  and  the  standing  com- 
mittee, may  hold  special  meetings  without  the  limits  of  the 

Commonwealth 142 

President  and  vice-president  of  the  United  States,  election  of,  etc.,      438 


868  Index. 

Page 

Primary  school,  state,  at  Mouson,  allowance  to  trustees  .         .         .  552 

Priuting  and  distributing  of  ballots  at  the  public  expense,  relating  to,  475 

Prison,  state,  at  Boston,  additional  cell-room  for      ....  550 

Prisons  for  women,  reformatorj%  allowance  for  disposal  of  sewage  at,  558 

allowance  for  repairs  at 553 

drains  of,  to  be  connected  with  sewerage  system  of  the  town 

ofFramingham 191 

Prisoners,  commitment  of,  relating  to  expenses  attending        .         .  292 

Prisoners  in  lock-ups,  fees  for  detention  and  support  of    .        .        .  139 

Prisoners,  removal  of,  from  the  state  prison  to  the  state  farm  .         .  149 
Prisoners  at  the  state  farm  at  Bridgewater,  under  sentence,  may  be 

removed  to  the  house  of  correction 240 

Prisons,  commissioners  of,  to  appoint  official  to  make  measurements 

and  descriptions  of  convicts 269 

Prisons,  commissioners  of,  may  remove  prisoners  from  the  state 

farm  to  the  house  of  correction 240 

Prisons,  commissioners  of,  may  remove  prisoners  from  the  state 

prison  to  the  state  farm 149 

Probate  courts,  appeals  from,  to  the  superior  court,  relating  to        .  223 
Probate  courts,  money  invested  or  deposited  by  order  of,  final  dis- 
tribution of 361 

Probate  courts  and  courts  of  insolvency,  practice  regulated     .         .  373 

Probate  and  insolvency,  courts  of,  fees  of  witnesses  in     .         .         .  240 
Probate  and  insolvency,  register  of,  for  Middlesex  county,  clerical 

assistance 177 

Probate  records  of  the  county  of  Plymouth,  arranging  and  indexing 

provided  for 332 

Procter,  Joseph  O.,  justice  of  the  peace,  acts  confirmed  .         .         .  541 
Proprietors  of  the  Lowell  cemetery,  may  hold  additional  real  and 

personal  estate 334 

Pi'oprietors  of  Roxbury  Central  Wharf,  name  changed  to  Roxbury 

Central  Wharf 138 

Prosecutions  for  oflTences  against  the  election  laws,  relating  to  evi- 
dence in  .         .        .         .         .         .        .        .        .        .        .  353 

Protection  of  human  life  in  hotels  in  case  of  fire        ....  260 

Protestant  College,  French,  name  changed  to  French  Protestant  Col- 
lege of  Springfield 248 

Protestant  Episcopal  Society  of  Christ's  Church,  in  Quincy,  annual 

meetings  of 137 

Providence,  Ponagansett  and  Springfield  Railroad  Company,  may 

extend  its  road  into  the  Commonwealth        ....  288 

Province  laws,  completion  of  publication  of 559 

Province  of  the  Massachusetts  Bay,  acts  and  resolves  of,  additional 

copies  to  be  printed 542,  548 

Publications,  obscene,  penalty  against  issuing,  etc 68 

Public  bars,  enforcement  of  the  law  against 570 

Public  health  in  cities,  preservation  of 69 

Public  libraries,  free,  to  promote  the  establishment  and  efficiency  of,  318 


Index.  869 


Public  Library,  'Woburn,  election  of  trustees  of  ....  73 
Public  office,  candidates  for,  anonymous  circulars  not  to  be  used  to 

defeat 342 

Public  officers,  accounts  and  returns  of  certain 193 

Public  officers,  deposit  of  funds  by  certain 193 

Public  parks  in  the  Charlestowu  district  of  the  city  of  Boston  .  233,  506 
Public  parks,   in  towns   and   cities,   act   authorizing  laying  out, 

amended 210 

Public  schools,  certain  sessions  of,  to  be  devoted  to  exercises  of  a 

patriotic  nature 94 

Public  sewers,  for  connecting  buildings  with 108 


Q. 


Qualifications  and  registration  of  voters,  relating  to         .         .        .  389 

Quincy,  city  of,  allowance  to 549 

Quincy,  city  of,  City  Hospital  in,  charter  amended    ....  370 
Quincy,  Protestant  Episcopal  Society  of  Christ's  Church  in,  annual 

meetings  of 137 


R. 

Raccoons  and  foxes,  not  to  be  introduced  into  county  of  Dukes 

County  under  penalty ;  bounty  for  destruction     .        .        .       209 
Eailroad  Corporations  : 

Boston  and  Albany,  additional  trains  upon  the  Milford  branch 
of 321 

Boston  and  Lowell,  assignment  of  lease  of  Northern  to,  may 

be  accepted  by  the  Boston  and  Maine 27 

Boston  and  Maine,  may  accept  an  assignment  of  the  lease  of 
the  Northern  Railroad  to  the  Boston  and  Lowell  Railroad 
Corporation 27 

Boston  and  Maine,  may  guaranty  bonds  of  the  St.  Johnsbury 
and  Lake  Champlaiu  Railroad  Company        ....       361 

Boston  and  Maine,  may  purchase  franchises,  etc.,  of  the  East- 
ern Railroad  Company,  and  of  the  Portsmouth,  Great  Falls 
and  Conway  Railroad 154 

Boston,  Winthrop  and  Shore,  may  discontinue  and  abandon 

part  of  its  road  in  the  town  of  Revere 71 

Central  Vermont,  provisions  affecting 235 

Concord  and  Montreal,  savings  banks  may  invest  in  first  mort- 
gage bonds  of 249 

Connecticut  river,  provisions  affecting 234 

Consolidated,  of  Vermont,  may  take  lease  of  the  New  London 
Northern  Railroad 234 

Eastern,  franchise  and  property  of,  may  be  purchased  by  the 

Boston  and  Maine  Railroad 154 


870  Index. 

Page 
Eailroad  Corporations  —  Concluded. 

Fitchburg,  right  of  the  Commonwealth  in  the  Southern  Ver- 
mont Railroad  may  be  sold  to 88 

Holyoke  and  Westfield,  may  issue  bonds 117 

Maine  Central,  savings  banks  may  invest  in  first  mortgage 

bonds  of 254 

Nantucket,  may  change  location  of  its  road     ....       188 

Nashua  and  Rochester,  bonds  of 59 

New  London  Northern,  may  lease  its  road  to  the  Consolidated 

Railroad  of  Vermont 234 

New  York  and  New  England,  may  guarantee  bonds  issued  by 
the  Rhode  Island  and  Massachusetts  railroads  of  Massa- 
chusetts and  of  Rhode  Island 306 

Northern,  assignment  of  lease  of,  to  the  Boston  and  Lowell ; 

may  be  accepted  by  the  Boston  and  Maine    ....        27 
Old  Colony,  may  build  tracks  over  land  of  the  Commonwealth 

in  Fraraingham 118 

Old  Colony,  may  relocate  its  road  in  the  town  of  Wareham  .  215 
Pl3'mouth  and  Middleborough,  incorporated  ....  91 
Portsmouth,  Great  Falls  and  Conway,  may  be  purchased  by 

the  Boston  and  Maine 154 

Providence,  Pona  gansettand  Springfield,  may  extend  its  road 

into  the  Commonwealth 288 

Rhode  Island  and  Massachusetts,  of  Massachusetts  and  of 

Rhode  Island  may  issue  joint  and  several  bonds  .         .        .       306 
Southern  Vermont,  right  of  the  Commonwealth  in,  may  be 

sold  to  the  Fitchburg  Railroad  Company      ....        88 
St.  Johnsbury  and  Lake  Champlain,  bonds  of,  may  be  guar- 
antied by  the  Boston  and  Maine 361 

"Worcester  and  Nashua,  bonds  of 59 

Worcester,  Nashua  and  Rochester,  may  issue  bonds  to  fund 

floating  debt 59 

Railroad  commissioners,  may  expend  §2,000  annually  for  books, 

statistics,  etc. 182 

may  impose  conditions,  etc.,  at  crossings  at  grade  .  .  .  342 
may,   on  petition  of  a  street  railway  company,  reduce  its 

capital  stock 291 

to  prescribe  fenders  and  guards  to  be  used  on  street  railway 

cars 333 

Railroad  companies,  may  use  the  Meigs  system  of  elevated  railways,  334 
Railroad  disasters,  and  loss  of  life  from  present  mode  of  coupling 

and  heating  cars,  resolutions  relating  to        ...        .       566 
Railroad  grade  crossings,  to  promote  the  abolition  of        .        .        .      463 

Railroad  grade  crossings,  signals  at 142 

Railroad  tracks,  obstructions  upon,  penalties  for  placing  .  .  .  295 
Railroads,  elevated,  West  End  Street  Railway  Company  may  build  .  518 
Railway  cars,  street,  propelled  by  power  other  than  horses,  fenders 

and  guards  for 333 


Index.  871 

Page 
Raihva}'  companies,  street,  emploj-ees  may  unite  with,  in  establisliing 

relief  societies 150 

Railway  companies,  street,  may  use  the  Meigs  system  of  elevated 

railways 334 

Railway  Company,  Street,  Beverly  and  Danvers,  may  lease  its  road 

and  other  property 321 

Black  Rocks  and  Salisbury  Beach  may  purchase  franchise,  etc. , 

of  the  Plum  Island  Railway  Company 178 

East  Wareham,  Onset  Bay  and  Point  Independence,  may  do 

business  as  a  common  carrier 83 

Lowell  and  Dracut,  may  consolidate  with  the  Lowell  Horse 
Railroad  Company,  under  the  name  of  the  Lowell  and  Subur- 
ban Street  Railway  Company 156 

Milford  and  Hopedale,  incorporated 150 

Nantucket  Electric,  may  do  business  as  a  common  carrier       .  334 

Pittsfleld,  may  sell  its  property  and  franchise  ....  356 

West  End,  may  build  elevated  railroads 518 

Railway  corporations,  street,  reduction  of  capital  stock  by        .        .  291 

Randolph,  town  of,  may  pay  bounty  to  Charles  Tileston    .         .         ,  209 

Reading,  town  of,  may  make  an  additional  water  loan        .        .        .  208 

Real  estate  of  agricultural  societies,  sale  and  mortgage  of         .         .  238 

Real  estate,  fraudulent  conveyances  of,  concerning    ....  471 

sale  and  distribution  of,  by  administrators  of  intestate  estates,  229 

settlement  of  titles  to 462 

trespass  upon,  relating  to 358,  364 

Real  Estate  Association  of  Boston,  Roxbury,  incorporated        .        .  230 
Records  of  churches  or  religious  societies  which  have  ceased  to  have 
a  legal  existence,  to  be  delivered  to  the  clerk  of  the  city  or 

town 204 

Records  of  the  Commonwealth,  removal  or  mutilation  of,  penalty 

for 353 

Records,  probate,  of  Plymouth  county,  arranging  and  indexing  pro- 
vided for 332 

Recovery  of  interest,  relating  to 356 

Reformatory,  Massachusetts,  allowance  for  repairs  at       .        .         .  554 

removal  of  subordinate  officers  of 230 

title  of  instructor  changed  to  chaplain 220 

Reformatory  prison  for  women,  allowance  for  disposal  of  sewage  at,  558 

allowance  for  repairs  at 553 

drains  of,  to  be  connected  with  the  sewerage  system  of  the 

town  of  Framingham, 191 

Register  of  probate  and  insolvency  for  Middlesex  county,  clerical 

assistance 177 

Registers  of  deeds,  election  of 444 

Registers  of  deeds,  to  be  sworn  before  county  commissioners          .  261 

Registers  of  probate  and  insolvency,  election  of,  etc.         .        .        .  443 

Registration  of  deaths,  concerning 358 

Registration  of  horses  kept  for  breeding  purposes,  provided  for     .  296 


872  Index. 

Page 
Kegistratiou  and  qualification  of  voters,  relating  to  .  .  .  .  389 
Registries  of  deeds  in  Bristol  county,  copies  of  records  and  plans  .  129 
Registry  of  deeds  and  registry  of  probate,  building  for,  to  be  built 

in  town  of  Plymouth 290 

Relief  Association,  Soraerville  Firemen's,  incorporated    ...        95 
Relief  societies,  street  railway  companies  and  their  employees  may 

unite  in  establishing 150 

Religious  societies  (see  Societies). 

Replevin,  action  of,  no  bond  to  be  required  when  appeal  is  claimed 

by  plaintiff  in 201 

Representatives  in  congress,  election  of,  etc 437 

Representatives  in  the  general  court,  copies  of  records  of  votes 
cast  for,  to  be  returned  to  the  secretary  of  the  Common- 
wealth       146 

Report,  of  chief  of  district  police,  portion  of,  to  be  reprinted,        .       543 
commissioners  on  inland  fisheries,  etc.,  additional  copies  to 

be  printed 533 

the  commissioner  of  foreign  mortgage  corporations,  to  be  one 

of  the  series  of  public  documents 50 

commissioners  on  public  records  of  parishes,  etc.,  additional 

copies  to  be  printed 534 

commissioners  on  topographical    survey   of   Massachusetts 

additional  copies  to  be  printed 537 

controller  of  county  accounts,  additional  copies  to  be  printed,  537 
insurance  commissioner,  additional  copies  to  be  printed  .  541 
trustees   of  Massachusetts    agricultural    college,   additional 

copies  to  be  printed 549 

Resolutions  : 

in  regard  to  the  enforcement  of  the  law  against  public  bars  570 
in  relation  to  the  soldiers'  home  in  Massachusetts,  at  Chelsea,      505 

concerning  the  revision  of  the  tarifl' 570 

tendering  the  sympathy  of  the  general  court  to  the  Hon. 
James  G.  Blaine,  secretary  of  state,  and  the  Hon.  Benjamin 

F.  Tracy,  secretary  of  the  navy 566 

tendering  the  sympathy  of  the  house  of  representatives  to  the 

speaker,  etc 569 

relative  to  the  opening  of  the  Charlestown  navy  yard  and  the 

building  of  battle  ships  therein 566 

tendering  the  thanks  of  the  Commonwealth  to  Admiral  Lewis 

A.  Kimberly 569 

relating  to  railroad  disasters  and  loss  of  life  from  the  present 

mode  of  coupling  and  heating  cars 566 

relative  to  the  transfer  of  the  revenue  marine  from  the  juris- 
diction of  the  treasury  department  to  that  of  the  navy 

department 566 

on  the  death  of  John  S.  True  of  Woburn,  representative  from 

the  fourteenth  Middlesex  district 565 

Returns  of  elections,  relating  t  J 409 


Index.  873 

Page 
Returns  and  publication  of  the  number  of  the  assessed  polls,  rep:is- 
tered  voters  and  ballots  cast  at  city,  town  and  state  elec- 
tions           201 

Kevere,  town  of,  Boston,  Winthrop  and  Shore  Railroad  Company 

may  discontinue  and  abandon  a  part  of  its  road  in       .         .  71 
Rhode  Island  and  Massachusetts  Railroad  Company  of  Massachu- 
setts and  the  Rhode  Island  and  Massachusetts  Railroad 

Company  of  Rhode  Island,  may  issue  joint  and  several  bonds,  305 

Richardson,  Levi  J.,  town  of  Sandisfleld  may  pay  bounty  to     .        .  209 

Riverbank  Improvement  Company,  incorporated       ....  93 
Roman  Catholic  Children  in  Boston,  Association  for  the  Protection 
of  the  Destitute,  may  be  appointed  guardian  of  a  minor 

child  in  its  care 97 

Roxbury  Central  Wharf,  name  established 138 

Roxbury  Charitable  Society,  may  hold  additional  real  and  personal 

estate 32 

Roxbury  Real  Estate  Association  of  Boston,  incorporated        .        .  230 
Russell  and  Brown  Company,  name  changed  to  Bay  State  Knitting 

Company 15 

Russell,  town  of,  proceedings  at  annual  meeting  confirmed       .        .  247 

s. 

Safe  deposit,  loan  and  trust  companies.  In  relation  to        .        .        .  268 
Safe  deposit  and  trust  companies,  savings  banks  may  invest  in  and 

loan  upon  the  stock  of 140 

Safe  Deposit  and  Trust  Company,  Cambridge,  incorporated      .        .  245 

Sailors,  soldiers,  etc.,  relief  to,  by  cities  and  towns   ....  508 
Salaries  : 

justice  of  the  district  court  of  central  Middlesex     .        .        .  210 

first  assistant  clerk  of  the  courts  for  Middlesex  county    .         .  182 

judge  of  probate  and  insolvency  for  the  county  of  Nantucket  96 

justice  of  the  police  court  of  Newton 83 

justice  of  the  first  district  court  of  southern  Worcester  .         .  107 

insurance  commissioner 216 

treasurer  of  Norfolk  county 113 

commissioners  of  Berkshire  county 108 

medical  examiners  for  Suffolk  county 192 

Sale  of  goods,  etc.,  by  itinerant  vendors,  to  prevent  fraud  in    .         .  508 
Sale  of  goods,  etc.,  taken  into  a  city  or  town  to  be  sold  at  auction 

regulated 513 

Sale  and  manufacture  of  water  gas  for  illuminating  purposes,  restric- 
tions removed 219 

Sale  and  purchase  of  securities,  etc.,  wagering  contracts  in,  relating 

to 479 

Sale  and  distribution  of  real  estate  by  administrators  of  intestates  .  229 

Sale  and  survey  of  lumber,  relating  to 130 

Salmon,  land-locked,  time  for  taking  in  the  four  western  counties     .  177 


874  Index. 

Page 

Sandisfleld,  town  of.  may  pay  bounty  to  Levi  J.  Eichardson      .         .  209 

Savings  Bank,  County,  in  Clielsea,  incorporated         .         .         .        .  50 

Savings  Bank,  Lenox,  incorporated 141 

Savings  banks,  classification  of  deposits  in         .     -  .        .        .        .  45 
commissioners  of,  assent  of,  required  for  incorporation    of 

co-operative  banks 213 

commissioners  of,  may  authorize  foreign  co-operative  banks  to 

do  business  in  tliis  state  ........  262 

forfeiture  of  corporate  membership  in 200 

investments  of,  relating  to         ...         .         140,  249,  335,  354 
may  invest  in  the  first  mortgage  bonds  of  the  Concord  and 

Montreal  Railroad 249 

may  invest  in  the  first  mortgage  bonds  of  the  Maine  Central 

Railroad  Company 354 

may  invest  in  and  loan  upon  the  stocks  of  safe  deposit  and 

trust  companies 140 

publication  of  annual  report  of  commissioners          •        .        .  102 

refunding  of  certain  taxes  assessed  against      ....  360 

Sawdust,  to  prevent  injury  to  fish  in  brooks  and  streams  by      .        .  106 

School,  attendance  of  children  in,  relative  to 343 

School  for  boys,  Lyman,  allowance  for  new  building  at     .         .        .  553 

School  for  deaf  mutes,  New  England  industrial,  in  favor  of     .         .  545 

School  for  girls,  state  industrial,  allowance  for  repairs  at .         .        .  552 
School  for  the  blind,  Perkins  institution  and  Massachusetts,  may 

hold  additional  estate 110 

School  fund,  Massachusetts,  equitable  distribution  of        .         .         .  550 

School  fund,  Massachusetts,  relating  to 297 

School,  New  England  Industrial  and  Technological,  name  changed 

to  the  Christian  Industrial  and  Technical  School  .        •        .  100 

School,  state  normal  at  Fi'amingham,  allowance  for  fire-escapes,  etc.,  551 

School,  state  normal,  at  Westfield,  allowance  for  fire-escapes  at        .  558 

School,  state  primary,  at  Monson,  allowance  to  trustees,  etc.    .         .  552 

School  superintendents,  aid  to  small  towns  to  provide       .         .        .  341 
Schools,  public,  certain  sessions  of,  to  be  devoted  to  exercises  of  a 

patriotic  nature 94 

Schools,  truant,  relating  to 261 

Search  warrants,  for  personal  property  insured  against  fire,  etc.,  may 

be  issued 243,516 

Second  district  court  of  Barnstable,  established          ....  147 
Secretary  of  the  Commonwealth,  certificates  of  condition  of  corpora- 
tions deemed  to  be  recorded  when  filed  in  ofiice  of        .        .  181 

clerks  and  messenger  in  department  of 210 

to  report  to  legislature  the  number  of  assessed  polls,  the  num- 
ber of  registered  voters  at  the  last  city,  town  and  state  elec- 
tions and  the  number  of  ballots  cast,  etc.       ....  201 
duties  of,  in  relation  to  the  incorporation  of  clubs  .        .        .481 
Security  Safe  deposit  and  Trust  Company,  in  Lynn,  incorporated      .  191 
Securities  and  commodities,  wagering  contracts  in,  relating  to          .  479 


Index.  875 

Page 
Selectmen  of  towns,  may  designate  and  preserve  cei'tain  trees  on  the 

highways 179 

Seminary,  Wheaton  Female,  may  hold  additional  real  and  personal 

estate 242 

Settlement  of  titles  to  real  estate,  relating  to 4G2 

Sewage  disposal,  laud  may  be  taken  for 101 

Sewerage  loan,  metropolitan,  bonds  to  be  redeemable  in  gold    .        .  84 

Sewers,  public,  for  connecting  buildings  with 108 

Sherborn,  town  of,  part  of,  annexed  to  Framingham         .         .        .  236 

Sheriffs,  time  fixed  for  payment  of  certain  fines  and  forfeitures  by   .  195 

Sherifls  and  commissioners  of  insolvency,  election  of,  etc.        .        .  443 

Ship  timber,  survey  and  sale  of 130 

Shirley,  town  of,  proceedings  at  town  meeting  confirmed  .         .        .  246 
Shoe  Company,  Farrell  and  May,  name  changed  to  the  Pittsfield  Shoe 

Company 74 

Signals  at  grade  crossings  of  railroads,  relative  to     .        .        .        .  142 

Societies,  agricultural,  payments  of  bounty  to 249 

agricultural,  receiving  bounties  from  the  state,  not  to  sell  or 
mortgage  real  estate  except  under  a  two-thirds  vote  of  the 

members  and  approval  by  board  of  agriculture     .        .         .  238 
relief,  street  railway  companies  and  their  employees  may  unite 

in  establishing 150 

religious,  having  ceased  to  have  legal  existence,  records  of,  to 

be  delivered  to  city  or  town  clerks         .                 ...  204 
Societies  : 

Asbury    First    Methodist    Episcopal   Church   of   Springfield 

established 179 

Ballardvale  Union,  may  sell  parsonage  in  Andover  ...  47 

Congregational,  in  Washington,  may  sell  church  building  .  96 
First  Unitarian,  of  Hudson,  incorporated  .  .  .  .114 
First  Parish  in  Dorchester,  trustees  may  convey  real  estate, 

etc 244 

First  Universalist,  of  South  Scituate,  name  changed  to  First 

Universalist  Society  of  Norwell 242 

Franklin  Typographical,  may  hold  additional  real  estate          .  72 

First  Parish  in  West  Roxbury,  organization  confirmed  .  .  152 
Florence  Street  Methodist  Episcopal  Church  in  Springfield, 

name  changed 179 

North  Parish  in  Haverhill,  relating  to 337 

Park  Congregational  Church,  in  Springfield,  incorporated  .  73 
Pedo-Baptist  Congregational,  of  Dighton,  may  hold  additional 

property 90 

Protestant  Episcopal,  of  Christ's  Church  in  Quincy,  annual 

meetings  of 137 

Roxbury  Charitable,  may  hold  additional  real  and  personal 

estate 32 

Union  Agricultural  and  Horticultural,  established  in  the  town 

of  Blandford,  may  take  land  for  agricultural  purposes         .  365 


876 


Index. 


Page 


Societies  —  Concluded. 

Worcester  East  Agricultural,  incorporated 
Worcester  East  Agricultural,  allowance  to        .        .        • 
Soldiers'  Home  in  Massachusetts,  in  favor  of  trustees  of  . 

money  for,  from  the  United  States,  may  be  received  by  the 

treasurer  and  receiver  general 

resolution  relating  to 

Soldiers,  sailors,  etc.,  relief  to,  by  cities  and  towns    . 

Soldiers'  messenger  corps,  in  favor  of 

Somerville,  city  of,  charter  amended  relating  to  its  water  board 

Somerville  Firemen's  Relief  Association,  incorporated 

Sons  of  St.  George,  Uniformed  Sir  Knights,  of  Worcester,  incorpo 

rated 

Sons  of  veterans,  color  guards  may  parade  with  fire-arms  . 

South  Boston  Building  Association,  incorporated 

South  Scituate,  First  Universalist  Society  of,  name  changed 

Southbridge,  Mutual  Gas  Light  Company  of,  name  changed  to  the 

Southbridge  Gas  and  Electric  Company 
Southern  Vermont  Railroad,  right  of  the  Commonwealth  in,  may  be 

sold  to  the  Fitchburg  Railroad  Company 
Southern  Worcester,  first  district  court  of,  salary  of  justice 
Sparrow,  English,  extermination  of,  provided  for 
Springfield,  city  of,  additional  water  supply  for 

part  of  town  of  Longmeadow  annexed  to  .        .        . 

town  of  West  Springfield  may  be  annexed  to     . 
Springfield,  Florence  Street  Methodist  Episcopal  Church  of,  name 

changed   

Springfield,  Park  Congregational  Church  in,  incorporated  . 

St.  Johnsbnry  and  Lake  Champlain  Railroad   Company,  bonds  of, 

maybe  guarantied  by  the  Boston  and  Maine  Railroad   . 
Stables  for  more  than  four  horses,  may  be  licensed  by  cities  and 

towns 206,355 


39 
543 

537 

338 
565 
508 
554 
194 
95 

111 
553 
231 
242 

21 


107 
505 
252 
325 
76 

179 
73 

361 


Stallions  kept  for  breeding  purposes,  registration  of,  provided  for 

Standard  weights,  measures  and  balances,  relative  to 

State  almshouse  at  Tewksbury,  allowance  for  barn,  etc.,  at 

State  board  of  arbitration  for  the  settlement  of  differences  between 

employers  and  their  employees,  act  establishing,  amended 
State  board  of  health,  to  have  general  supervision  of  streams,  etc. 

used  as  sources  of  water  supply  by  cities  and  towns     . 
State  farm  at  Bridgewater,  allowance  for  improvements  at 
State  farm,  removal  of  prisoners  from  state  prison  to 
State  farm,  removal  of  prisoners  from,  to  the  house  of  correction 
State  hospitals  and  asylums  for  the  insane,  for  prevention  of  fire  at 
State  industrial  school  for  girls,  allowance  for  repairs  at  . 

State  map,  allowance  for  printing 

State  normal  school  at  Framingham,  allowance  for  fire-escapes,  etc 
State  normal  school  at  Westfield,  allowance  for  fire  escapes,  etc. 
State  primary  school  at  Monson,  allowance  to  trustees,  etc. 


296 
460 
639 

344 

486 
546 
149 
240 
340 
552 
550 
551 
558 
552 


Index.  877 

Page 

State  prison  in  Boston,  additional  cell-room  for         ....  550 

State  prison,  removal  of  prisoners  from,  to  the  state  farm        .        .  149 

State  tax  of  .$1,750,000  apportioned  and  assessed        ....  489 
Statistics  of  labor,    chief  of   bureau   of,   may  publish  reports  in 

parts, 86 

Steamboat   Company,  Hingham,  Hull  and   Downer  Landiiig,  name 

changed IG 

Steamboat  Company,  Nantasket  Beach,  name  established  ...  16 

Stevenson  Manufacturing  Company,  name  established        .        .        .  356 
Stockbridge   Water  Company,  provisions  of  act  of  incorporation 

extended 355 

Stream,  unnavigable  tidal,  emptying  into  salt  water,  fisheries  to  be 

under  control  of  owner  thereof 206 

Street  railway  cars,  fenders  and  guards  for,  etc.         ....  333 
Street  Railway  Company,  Beverly  and  Danvers,  may  lease  its  road 

and  other  property 321 

East  Wareham,  Onset  Bay  and  Point  Independence,  may  do 

business  as  a  common  carrier 83 

Lowell  and  Dracut,  and  the  Lowell  Horse  Railroad  Company, 
may  consolidate  under  name  of  the  Lowell  and  Suburban 

Street  Railway  Company 136 

Milford  and  Hopedale,  incorporated 150 

Nantucket  Electric,  may  do  business  as  a  common  carrier        .  334 

Pittsfield,  may  sell  its  property  and  franchise  ....  356 
Plum  Island,  maj'  sell  property  and  franchise  to  the  Black 
Rocks  and  Salisbury  Beach  Railway  Company      .         .        .178 

West  End,  may  build  elevated  railroads 518 

Street  railway  companies  and  their  employees,  may  unite  in  estab- 
lishing relief  societies 150 

Street  railway  companies,  may  use  the  Meigs   system  of  elevated 

railways 334 

Street  railway  corporations,  reduction  of  capital  stock  by,  relating 

to 291 

Suffolk  county,  medical  examiners  for,  salaries  established        .        .  192 
Suffolk  county,  supreme  judicial  court  in,  officers  in  attendance  upon,  247 
Summons  to  issue  instead  of  a  warrant  in  minor  criminal  prosecu- 
tions           202 

Superintendents  of  schools  for  small  towns,  aid  to  provide       .        .  341 

Superior  court,  appeals  to,  from  assessors  of  taxes   ....  102 

appeals  to,  from  the  orders  of  the  inspection  department  of 

the  district  police 480 

appeals  to,  from  probate  courts,  relating  to      ...        .  223 

clerks' fees  in 190,331 

relating  to  practice  in 125 

Supervisors  of  certain  elections,  may  be  paid  by  the  city  of  Boston,  366 

Supreme  judicial  court,  clerks'  fees  in 190,  331 

Supreme  judicial  court,  in  the  county  of  Suffolk,  officers  in  attend- 
ance upon 247 


878  Index. 

Page 
Supreme    judicial    court,   to    determine  summarily,  upon  petition, 
question  of  supposed  violation  of  law  by  a  foreign  insur- 
ance company 258 

Survey  and  sale  of  lumber,  relating  to 130 

Swanzey,  town  of,  highway  and  bridge  over  Cole's  river  in       .        .      251 


T. 

Table  showing  what  general  statutes  of    the  Commonwealth  and 
what  chapters  of  the  public  statutes  have  been  affected  by 

subsequent  legislation     ........  G49 

Tables  of  aggregates  required  to  be  made  by  assessors  of  taxes,  in 

relation  to 212 

Tabor  Academy,  incorporated 123 

Taunton,  state  lunatic  hospital  at,  allowance  for  repairs,  etc.     .         .  547 

Tax  deed,  fee  for  preparing,  established 294 

Tax  commissioner  to  be  appointed,  who  shall  also  be  commissioner 

of  corporations 134 

Tax,  excise,  imposed  upon  certain  foreign  insurance  companies        .  180 

Tax,  state,  of  $1,750,000,  apportioned  and  assessed  ....  489 

Taxation  of  co-operative  banks,  relating  to 60 

Taxes  assessed  against  savings  banlis,  refunding  provided  for  .         .  360 

Taxes,  assessors  of,  appeals  from,  to  the  superior  court  authorized,  102 

Taxes,  assessors  of,  tables  of  aggregates  required  to  be  made  by      .  212 

Taxes,  collection  of,  relating  to 294 

Taxes,  county,  granted 548 

Tellers  at  town  meetings  may  be  sworn  by  moderators      .         .         .  372 
Templeton,  town  of,  hospital  cottages  for  children  in  Baldwinsville 

in,  relating  to 322 

Tenure  of  office,  of  the  police  force,  in  certain  cities         .        .        .  271 

Tidal  streams,  unnavigable,  relating  to  Ashing  in        ...        .  206 

Tileston,  Charles,  town  of  Kandolph  may  pay  bounty  to   .        .         .  209 

Tisbury,  town  of,  proceedings  at  annual  meeting  confirmed       .         .  224 

Title  Forgeries  Prevention  Company,  incorporated    ....  205 

Titles  to  real  estate,  settlement  of  titles  to,  relating  to      .        .        .  462 
Towns  : 

Amesbury,  bridge  and  highway  over  Powow  river  in      .        .  64 
Andover,  BaUardvale  Union  Society  in,  may  sell  parsonage 

lands 47 

Avon,  may  make  an  additional  water  loan        ....  21 

Barnstable,  bridge  over  Centreville  I'iver  in      ....  37 

Barnstable,  proceedings  at  town  meeting  confirmed        .        .  247 
Blackstone,  electric  light  and  power  in,  may  be  furnished  by 

the  Woonsocket  Electric  Machine  and  Power  Company       .  45 
Blandford,  Union  Agricultural  and  Horticultural  Society  in, 

may  take  land,  etc. 365 

Boxborough  and  town  of  Littleton,  line  between,  established,  211 


Index. 


879 


Towns  —  Continued. 

Brookline  and  city  of  Boston,  boundary  line  between,  estab- 
lished        

Chilmark,  proceedings  at  annual  meeting  contirined 
Clinton,  may  make  an  additional  water  loan     . 
Dighton,  may  discontinue  a  town  lauding  on  Taunton  river 
Dracut,  liquor  licenses  in,  may  be  cancelled  and  the  money 

refunded 

Dracut,  water  supply  for 

Duxbury,  may  bori'ow  money  in  excess  of  debt  limit 
Edgartown,  proceedings  at  annual  meeting  confirmed 
Edgartown,  wharves  may  be  constructed  in,  by  the  Chappa 

quiddic  Company 

Framiugham,  part  of  town  of  Sherborn  annexed  to 
Framingham,  sewerage  system  of,  drains  from  reformatory 

prison  for  women  to  be  connected  with 
Gardner,  system  of  sewerage  and  sewage  disposal  . 
Hingham,  may  take  and  fill  the  mill  pond 
Hudson,  may  make  an  additional  water  loan    . 

Ipswich,  water  supply  for 

Littleton  and  Boxborongh,  dividing  line  between,  established 
Longmeadow,  part  of,  annexed  to  city  of  Springfield 
Mansfield,   may  borrow  money  to  fund   indebtedness,  build 

school-house,  etc.    ........ 

Marblehead,  may  make  an  additional  water  loan 

Marion,  Tabor  Academy  in,  incorporated 

Marlborough,  may  incur  indebtedness  beyond  the  limit,  for 

constructing  a  system  of  sewerage        .... 
Mattapoisett,  bridge  may  be  built  across  a  tide-water  creek 

in     ..........         . 

Mattapoisett,  fisheries  regulated  off  the  shores  of    . 
Maynard,  may  make  an  additional  water  loan  . 
Melrose,  may  make  an  additional  water  loan    . 
Natick,  Dell  Park  Cemetery  Association  of,  incorporated 
Natick,  vote  at  annual  meeting  confirmed 

Needham,  water  supply  for 

Newbury,  highway  and  bridge  over  Parker  river  in 

North  Attleborough,  may  change  its  name 

Norton,  may  receive  and  hold  certain  property  in  trust  . 

Plymouth,  a  flre-proof  building  for  the  registry  of  deeds  and 

the  registry  of  probate  to  be  built  at     .... 
Plymouth,  may  raise  money  for  entertainment  of  the  grand 

array  of  the  republic 

Randolph,  may  pay  bounty  to  Charles  Tilestoa 
Reading,  may  make  an  additional  water  loan  . 
Revere,  Boston,  Winthrop  and  Shore  Railroad  may  abandon 

part  of  its  road  in 

Russoll,  proceedings  at  annual  meeting  confirmed   . 


Page 


299 

242 

25 

320 

2G4 

313 

63 

243 

146 
236 

191 
60 
469 
106 
265 
211 
325 

189 
158 
123 

109 

54 

205 

60 

197 

65 

271 

208 

37 

126 

320 

290 

135 
209 

208 

71 
247 


880 


Index. 


Page 


Towns  —  Concluded. 

Saadisfield,  may  pay  bounty  to  Levi  J.  Richardson 
Slierboru,  part  of,  annexed  to  tlie  town  of  Framingham 
Sliirley,  proceedings  at  town  meeting  confirmed 
Templeton,  hospital  cottages  for  children  in  Baldwinsville  in, 
relating  to       .........        . 

Tisbury,  proceedings  at  annual  meeting  confirmed  . 
Wareham,  Old  Colony  Railroad  Company  may  relocate  its  road 

in 

Warren,  may  appropriate  money  for  celebration  of  anniver- 
sary   

Washington,  allowance  to 

Washington,    Congregational    Society  in,    may  sell    church 

building 

West  Springfield,  may  be  annexed  to  the  city  of  Springfield    . 

Winchester,   may  raise    money  to  celebrate  anniversary  of 

settlement       .......... 

Winchester,  water  supply  for 

Town  elections,  ballots  for,  to  be  printed  and  distributed   at  the 

public  expense 

Town  meetings  and  election  of  town  officers 

Town  meetings,  tellers  at,  may  be  sworn  by  moderators    . 

Towns,  auditor  in,  filling  vacancy  in  ofiice  of 

small,  aid  to  provide  school  superintendents     .... 

may  elect  commissioners  of  public  burial  grounds   . 

of  over  5,000  inhabitants  to  have  lists  of  assessed  polls  printed 

for  public  distribution 259 

Townsend,  Luther,  in  favor  of 542 

Town  and  city  clerks,  to  transmit  copies  of  records  of  votes  cast 
for  representatives  to  the  secretary  of  the  Commonwealth, 
Towns  and  cities,  duties  of  clerks  of,  relating  to  record  of  deaths, 
may  contract  with  hospitals  to  temporarily  care  for  the  unfor- 
tunate or  sick 

may  lay  out  public  parks  within  their  limits      .... 
may  license  stables  for  more  than  four  horses  .         .        .        206,355 
selectmen  and  mayor  and  aldermen  of,  to  designate  and  pre- 
serve certain  trees  on  highways     .... 
to  furnish  relief  to  soldiers,  sailors  and  their  families 
may  take  land  for  sewage  disposal,  etc.,  with  the  approval  of 

the  state  board  of  health 

Trade-marks,  private  labels,  etc.,  penalty  for  counterfeiting 
Treasurer  may  borrow  money  in  anticipation  of  revenue 
Treasurer  of  Norfolk  county,  salary  established 
Treasurers,  county,  election  of    .         •        .         •        . 

annual  returns  of 

to  be  sworn  before  county  commissioners 
examination  of  accounts  of       ...        . 
payment  by,  on  orders  drawn  by  county  commissioners 


209 
236 
246 

322 
224 

215 

290 
544 

96 

76 

157 
366 

346 
447 
372 
220 
341 
227 


146 

358 


98 
210 


179 

508 

101 
89 
533 
113 
444 
112 
261 
341 
187 


Index.  881 

Page 
Treasurer  and  receiver-general,  maj^  receive  money  from  tlie  Uuited 

States  for  benefit  of  tiie  Massacliusetts  soldiers'  home         .  338 

Trees  on  the  highways,  ornamental  and  shade,  preservation  of          .  179 

Ti'espass  on  land,  relating  to 358 

Trespass  upon  real  estate,  relating  to 3G4 

Trial  justices,  completion  of  unfinished  business  by,  provided  for    .  182 

fees  of,  relating  to 332 

payment  of  fees,  etc.,  of,  to  cities  and  towns    ....  183 
upon  complaint  for  criminal  offence  within  jurisdiction  of, 

summons  to  issue  instead  of  a  warrant 202 

Trout,  land-locked  salmon  and  lake  trout,  time  for  taking  in  the  four 

western  counties 17 

Truants  and  truant  schools,  relating  to 2G1 

True,  John  S.,  in  favor  of  widow  of 559 

resolutions  on  death  of 565 

Trust  companies,  safe  deposit  and,  savings  banks  may  invest  in  and 

loan  upon  the  stock  of 140 

Trust  companies,  safe  deposit  loan  and,  in  relation  to        .         .        .  268 

Trust  Company,  Cambridge  Safe  Deposit  and,  incorporated      .         .  245 

Lowell,  incorporated  .........  289 

Lawyers  Loan  and,  incorporated 339 

Old  Colony,  incorporated 246 

Security  Safe  Deposit  and,  in  Lynn,  incorporated     .         .         .  191 
Trustee  process,  wages  and  lay  of  fishermen  subject  to  attachment 

by 246 

Trustees  of  the  First  Parish  in  Dorchester,  may  convey  property  to 

the  parish 244 

of  Boston  University,  property  exempted  from  taxation,  con- 
cerning      70 

of  the  Cambridge  Social  Union,  incorporated   ....  95 
of  the  Pedo-Baptist  Congregational  Society  of  Dighton,  may 

hold  additional  property 90 

of  Tufts  College,  may  maintain  a  preparatory  scliool      .         .  72 

of  the  Woburn  Public  Library,  election  of        ....  73 

Tube  Works  Company,  National,  may  increase  capital  stock     .         .  SO 

Tufts  College,  trustees  of,  may  establish  a  preparatory  school  .         .  72 

Typographical  Society,  Fraukliu,  may  hold  additional  real  estate      .  72 

u. 

Unclaimed  funds  in  the  hands  of  clerks  of  courts,  relating  to  .         .  293 

Undertakers  in  the  city  of  Boston,  to  be  licensed  by  the  board  of 

health 191 

Uniformed  Sir  Knights,  Sons  of  St.  George,  of  Worcester,  incor- 
porated      Ill 

Union  Agricultural  and  Horticultural  Society,  established  in  the 

town  of  Blandford,  may  take  land  for  agricultural  purposes,  365 

Union  Societjs  Ballardvale,  may  sell  its  parsonage   ....  47 


882  Index. 

Page 

Uniou,  Trustees  of  the  Cambridge  Social,  incorporated     ...  95 

Unitarian  Society,  Tlie  First,  of  Hudson,  incorporated  .  .  .  114 
United  States  Hotel  Company,  may  use  and  improve  its  land  for  any 

lawful  purpose 52 

University,  Boston,  Trustees  of,  property  exempted  from  taxation, 

concerniuff 70 


Y. 

Vacancies  in  certain  offices,  how  to  be  filled 446 

Vendors,  itinerant,  to  prevent  fraudulent  sales  by     ....  508 

Veterans,  Sons  of,  color  guai'ds  may  parade  with  fire-arms,     .         .  553 

VQters,  qualifications  and  registration  of 389 

Voters  registered,  polls  assessed  and  ballots  cast  at  city,  town  and 

state  elections,  to  be  returned  and  published  .  .  .  201 
Votes  cast  for  representatives  in  the  general  court,  copies  of  records 

of,  to  be  returned  to  the  secretary  of  the  Commonwealth    .  146 


w. 

W.  C.  Stevenson  Manufacturing  Company,  name  changed   to  the 

Stevenson  Manufacturing  Company 356 

Wagering  contracts  in  securities  and  commodities,  relative  to         .  479 

Wages  and  lay  of  fishermen,  subject  to  attachment  by  trustee  process,  246 

Waltham,  city  of,  board  of  commissioners  of  sewers  to  be  appointed,  184 

Waltham,  city  of,  may  raise  money  for  water  works          .        .         .  Ill 
Waltliam,  Home  for  Aged  Women  in,  may  hold  additional  real  and 

personal  estate 53 

Wareham,  town  of.  Old  Colony  Railroad  Company  may  relocate  its 

road  in     ..........        .  215 

Warrants,  search,  for  personal  property  insured  against  fire,  etc., 

may  be  issued.        ........       243,516 

Warren,  town  of,  may  appropriate  money  for  celebration  of  anni- 
versary      290 

Washburn  and  Moen  Manufacturing  Company,  may  increase  capital 

stock 332 

Washington  Mills  Company,  may  issue  preferred  stock    ...  82 

Washington,  town  of,  allowance  to 544 

Washington,  town  of.  Congregational  Society  in,  may  sell  church 

building 96 

Water  Company,  Berkshire  Heights,  organization  confirmed,  etc.    .  468 

Brant  Rock,  incorporated 143 

Cottage  City,  incorporated 118 

Lenox,  may  issue  additional  bonds 110 

Stockbridge,  provisions  of  act  of  incorporation  extended       .  355 
Water  gas  for  illuminating  purposes,   restrictions  removed  fi'om 

manufacture  and  sale  of 219 


Index.  883 

Page 

Water  loau  for  Avou 21 

Brockton 38 

Cluitou ?5 

Fitchburg 207 

Hudson 106 

Ipswich 265 

Lowell 142 

Lynn    ............  139 

Maiden 47 

Marblehead 158 

Majmard, 60 

Melrose 197 

Reading 208 

Newton 298 

Winchester          .        . 366 

Water  supply  for  cities  and  towns,  to  be  under  supervision  of  tlie 

state  board  of  health 486 

Water  supply  for  Dracut 313 

village  of  Foxborough 135 

Ipswich 2G5 

.     Maiden 47 

Needham 208 

Springfield 252 

Winchester 366 

Water  Supply  Company,  Dracut,  incorporated 313 

Water  Supply  District,  Foxborough,  may  issue  additional  bonds      .  135 

Watering  public  streets,  cities  may  expend  money  for        .        .         .  333 

Webster,  Edwin,  in  favor  of 536 

Weights,  measures  and  balances,  standard,  relative  to       .         .        .  460 
Wesleyan  Home  for  Orphan  and  Destitute  Children,  name  changed 
to  Wesleyan  Home;    corporation  located  in  the  city  of 

Newton 81 

Westborough  insane  hospital,  allowance  for  current  expenses  .         .  552 
West  Boylston,  Mount  Vernon  Cemetery  Association  of,  may  hold 

additional  estate 320 

West    End    Street    Railway    Company,    may  build    elevated    rail- 
roads          518 

West  Roxbury,  First  Parish,  organization  confirmed  .        .         .        .152 
West  Springfield,  town  of,  may  be  annexed  to  the  city  of  Spring- 
field            76 

Wharf,  Proprietors  of  Roxbury  Central,  name  changed  to  Roxbury 

Central  Wharf 138 

Wharves  in  Edgartown,  may  be  constructed  by  the  Chappaquiddic 

Company M6 

Wheaton  Female  Seminary,  may  hold  additional  real  and  personal 

estate 242 

Wife,  insane,  release  of  dower  by  guardian  of 90 


884  Index. 

Page 

Wife,  infant  or  insane,  guardian  may  be  appointed  for      .         .        .  222 
Wife,  wlio  is  insane,  or  an  infant,  release  of  dower  or  homestead  by 

guardian  of 222 

Wilcox,  Arthur,  in  favor  of 546 

Williams  College,  the  Alpha  Theta  Chapter  of  tlie  Chi  Psi  Fraternity 

incorporated 67 

Williams  College,  President  and  Trustees,  etc.,  of,  may  hold  special 

meetings  without  the  limits  of  the  Commonwealth        .        .  142 

Wills  or  other  testamentary  instruments,  penalty  for  mutilating        .  352 
Winchester,  town  of,  may  raise  money  by  taxation  for  celebrating 

anniversary  of  settlement 157 

Winchester,  town  of,  water  supply  for 366 

Wires  over  streets,  etc.,  in  cities,  regulation  and  supervision  of        .  358 

Witnesses  in  courts  of  probate  and  insolvency,  fees  of      .         .         .  240 

Woburn,  city  of,  charter  amended 67 

engineers  of  the  fire  department  in 74 

may  adopt,  etc.,  provisions  of  will  of  John  Clough  .         .        .  220 

Woburn  Public  Library,  election  of  trustees  of 73 

Woman's  Board  for  Foreign  Missions  of  the  American  Christian  Con- 
vention, incorporated 192 

Woman's  Board  of  Missions,  may  hold  meetings  outside  the  Com- 
monwealth         86 

Woman's  Home  Missionary  Association,  may  hold  meetings  in  any 

state  and  in  the  District  of  Columbia 218 

Women,  Aged,  Home  for,  in  Waltham,  may  hold  additional  real  and 

personal  estate 53 

Women,   married,   infant   or  insane,  guardian  may   be   appointed 

for 222 

Women  and  minors,  employment  of,  in  manufacturing  establish- 
ments regulated 152 

Women,  reformatory  prison  for,  allowance  for  repairs  at        .         .  553 

allowance  for  disposal  of  sewage  at 558 

sewage  disposal  provided  for 191 

Woonsocliet  Electric  Machine  and  Power  Company  of  Rhode  Island 
may  furnish  electric  power  and  light  in  the  town  of  Black- 
stone        45 

Worcester,  city  of,  allowance  for  armory  in 549 

sewer  assessments  on  property  of  the  Commonwealth  in,  to 

be  paid 535 

Worcester  East  Agricultural  Society,  incorporated   ....  39 

allowance  to 543 

Worcester  insane  asylum,  allowance  for  repairs  at    .         .        .        .  541 

Worcester,  Memorial  Hospital  in,  relating  to 148 

Worcester  and  Nashua  Railroad  Company,  bonds  of          ...  59 
Worcester,  Nashua  and  Rochester  Railroad  Company,  may  issue 

bonds  to  fund  floating  debt 59 

Worcester  Theatre  Association,  name  established      ....  18 


Index.  885 

Page 
Workmeu  in  enipluy  ol"  state,  city  or  town,  nine  hours  to  constitute 

•d  day's  worlc 339 

Workiugmen's  Loan  Association,  state  director  to  certify  as  to  cor- 
rectness of  annual  report        .......        37 

Y. 

Yaclit  Club,  Chelsea,  may  build  a  club  house  near  Chelsea  bridge  in 

Mystic  river 264 

Yacht  Club,  Dorchester,  name  changed  to  the  Massachusetts  Yacht 

Club 21 


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